7-11-79 -4E Wednesday Vol. 44 No. 134 July 11, 1979 Pages 40491-40626

L -

Highlights

CUMULATIVE LIST OF PUBLIC LAWS-The first cumulative list of public laws for the rst session of the 96th Congress will be published in the reader aids section of the issue of Wed., July 18, 1979

40525 Rates Schedules of Electric Utilities DOEIFERC proposes amending regulations to prevent charge of certain research, development, and demonstration contributions to customers; comments by 8-8-79

40532 AM, FM and Television Broadcast Station Commercials FCC requests public views and information regarding elimination of objectionable laudhess; comments by 12-15 and 2-15-79

40612, Statistical Capabilities of State Educational 40616, Agencies HEW/OE establishes interim rules, and 4G617 invites applications governing awards of discretionary grants; comments by 9-10-79, applications by 8-16-79 (Part IV of this issue] (4 documents)

40624 Audit Requirements for State and Local Governments OMB offers comment period on proposed revisions governing audits of federally assisted programs; comments by 9-10-79 (Part VI of hs issue) CONriHUrn INSIDE II Federal Register I Vol. 44, No. 134 / Wednesday, July 11, 1979 / Highlights Highlights

1934.

FEDERAL REGISTER Published daily, Monday through Friday, 40598 Wild Fauna and Flora ESSA proposes general (not published an Saturdays, Sundays, or on official holidays), prbvisions and the convention on International by the Office of the Federal Register, National Archives and trade in endangered species; comments by 9-10-79 Records Service, General Services Administration, Washington. (Part II of this issue) D.C. 20408, under the Federal Register'Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the regulations of the 40534 Wildlife Development Areas Interlor/FWS Administrative Committee of the Federal Register (1 CFR Ch. P!. proposes to delete rules for areas on lands outside Distribution is made only by the Superintendent of Documents, the National Wildlife Refuge System; comments by U.S. Government Printing- Office, Washington, D.C. 20402. 8-10-79

The Federal Register provides a uniform system for making 40523 Textile Products and Leather Wearing Apparel available to the public regulations and legal notices issued by FTC identifies subjects for discussion and oral Federal agencies. These include Presidential proclamations and presentations on care labeling at meeting 7-18-79 Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be 40521 Claims of Patent and Copyright Infringement published by Act of Congress and other Federal agency DOE proposes requirements for filing of claims; documents of public interest. Documents are on file for public comments by 8-15-79 inspection in the Office of the Federal Register the day before they are published, unless earlier filing is requested by the issuing agency. 40609 Tobacco Loan Program USDA/CCC is considering extending price support availability on The Federal Register will be furnished by mail to subscribers, limited quantities of untied burley tobacco in 1979 free of postage, for $5.00 per month or.$50 per year, payable in crop year, comments by 8-10-79 (Part III of this advance. The charge for individual copies of 75 cents for each issues) issue, or 75 cents for each group of pages as actually bound. Remit check or money order, made payable to the Sjuperintendent of Documents, U.S. Government Printing Office, 40608 Burley Tobacco USDA/AMS proposes official Washington, D.b. 20402.- standard grades; comments by 8-10-79 (Part IIl'of this issue) There are no restrictions on the republication of-material appearing in the Federal Register. 40536 Foster Grandparent Program and Senior Companion Program ACTION corrects income Area Code 202-523-5240 eligibility level for individuals In State of Nevada; effective 6-13-79 -

40532 Underground Injection Control EPA reproposes rules and invites comments; comments by 9-12-79

40524 Export of Noncomplying Products CPSC extends comment period for proposed rules; comments by 9-10-79

40494, Foreign Air Carrier Applications CAB permits 40495 filing of applications directly rather than through the State Department; effective 7-3-79 (2 documents)

40497 Wagering Tax Returns Treasury/IRS issues regulations relating to place for filing; effective 7-11-79

40593 Sunshine Act Meetings

Separate Parts of This issue

40598 Part II ESSA 40508 Part III, USDA/AMS and USDA/CCC 40612 Part IV, HEW/OE 40521 Part V, DOE/ERA 40624 Part VI, OMB Contents Federal Register Vol. 44. No. 134 Wednesday. July 11. 1979

ACTION Consumer Product Safety Commission NOTICES PROPOSED RULES 40536 Foster Grandparent and Senior Companion 40524 Export of noncomplying products procedures; Programs; income eligibility levels notification requirements; extension of time

Agricultural Marketing Service Defense Department RULES See also Engineers Corps. 40491 Cotton and cottonseed; classification under futures NOTICES legislation 40542 Privacy Act; systems of records; correction PROPOSED RULES Tobacco inspection: Economic Regulatory Administration 40608 Burley, type 31; grade standards PROPOSED RULES Milk marketing orders: 40621 Motor gasoline allocation base period and 40520 Indiana adjustments; intent to issue a final rule NOTICES Agriculture Department Consent orders: See Agricultural Marketing Service; Commodity 40543 Brasel Standard et al. Credit Corporation; Forest Service. 40545 Fagadau Energy Corp. 40546 HLixon Development Co. Air Quality National Commission 40547 R. Lacy, Inc. NOTICES 40548 Triton Oil & Gas Corp. 40572 Meeting Natural gas; fuel oil displacement certification applications: Antitrust Division 40550 Orange and Rockland Utilities, Inc. NOTICES Petroleum price regulations, mandatory: Competitive impact statements and proposed 40549 Authority delegation; Attorney General of consent judgments: Kentucky: enforcement 40567 Alton Box Board Co. et al. Educational Research, National Council Army Department NOTICES See Engineers Corps. 40595 Meetings; Sunshine Act

Center for Disease Control Education Office RULES RULES Grants: 40612 State educational agencies; statistical activities, 40500 Preventive health services capacity-building NOTICES Civil Aeronautics Board Grant applications and proposals, closing dates: RULES 40616 Elementary and Secondary Education 40494 Foreign air carriers permits; applications; direct 40616 Postsecondary education filing 40617 Vocational education Procedural regulations: 40495 Board proceedings; foreign air carrier Endangered Species Scientific Authority applications; direct filihg; notification of State PROPOSED RULES Department and documentation 40598 Wild fauna and flora; general provisions and NOTICES convention on international trade Hearings, etc.: 40537 Pan American World Airways, Inc. Energy Department 40537 Pan American World Airways, Inc. enforcement See also Economic Regulatory Administration; proceeding Federal Energy Regulatory Commission; Hearings 40540 Wein Air Alaska and Appeals Office, Energy Department. 40593 Meetings; Sunshine Act (2 documents] PROPOSED RULES 40521 Patent and copyright infringement claims; filing Commerce Department requirement guidelines See Industry and Trade Administration; National NOTICES Oceanic and Atmospheric Administration. 40542 Lithium isotopes; withdrawal of Department.from sales Commodity Credit Corporation PROPOSED RULES Loan and purchase programs: 40609 - Tobacco IV Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Contents

Engineers Corps NOTICES NOTICES Hearings, etc.: Environmental statements; availability, etc.: 40550 Utah Power & Light Co. 40541 Coquille River, Oreg.: small boat basin 40541 Lock Haven, Pa.; local flood protection Federal Maritime Commission RULES Environmental Protection Agency Practice and procedure: PROPOSED RULES 40516 Fees for services Water pollution control: NOTICES 40532 State underground injection control program; 40560 Containers utilized in the movement of cargo it tIe extension of time foreign commerce of U.S.: supply, lease, and NOTICES control; inquiry Air quality criteria: 40559 Oxides of nitrogen; external review draft: Federal Mine Safety and Health Review availability Commission Environmental statements; availability, etc.: NOTICES 40552 Agency statements, weeklyreceipts 40594 Meetings; Sunshine Act (2 documents) 40557 Non-community water systems; Safe Drinking Water Act implementation strategy Pesticide registration cancellation, etc.: Federal Reserve System 40556 Ciba-Geigy Corp. et al. NOTICES 40556 1.T. Baker Chemical Co. Applications, etc.: 40555 Koppers Co., Inc., et al. 40560 Andrew Financial Corp. 40561 Commercial State Bancshares, Inc. Equal Employment Opportunity Commission 40561 Continental Banksystem, Inc. RULES 40561 Fidelity Co. 40498 Discrimination complaints against Federal 40562 First Osmond Corp. agencies; investigation; interim rule and inquiry 40562 Marion Bank Holding Co. 40560 Maryland National Corp. et al. Federal Communications Commission 40562 Meno Bancshares, Inc. RULES 40562 Met-State Corp. Radio services, special: 40562 SCB Financial Corp. 40517 Private land mobile service; assignments for 40563 SSB Corp. frequencies in the 216-220 MHz band 40563 Union National Bancshares PROPOSED RULES 40563 Valley Bancorporation Radio and television broadcasting: 40594 Meetings; Sunshine Act 40532 Commercial announcements; elimination of objectionable loudness Federal Trade Commission NOTICES 40559 Emergency broadcast PROPOSED RULES system; closed circuit test (2 40523 Textile products and leather wearing apparel care documents) 40559 FM broadcast applications ready and available for labeling; oral presentation before Commission: processing identification of subjects for discussion

Federal Election Commission Fiscal Service NOTICES NOTICES 40594 Meetings: Sunshine Act 40574 Renegotiation Board; interest rate for excessive profits and refunds Federal Emergency Management Agency RULES Fish and Wildlife Service Food elevation determinations: RULES 40506-- Illinois (9 documents) Public entry and use: 40511 40518 Crab Orchard National Wildlife Refuge, Ill. 40511.- Indiana (6 documents) PROPOSED RULES 40514 Migratory bird hunting: 40514, Kansas (2 documents) 40534 Wildlife development areas removal of obsolete 40515 program 40515 Kentucky Forest Service Federal Energy Regulatory Commission NOTICES RULES *, Environmental statements; availability, etc.: Public Utilities Regulatory Policies-Act: 40537 Green Mountain National Forest; land 40495 Shortages of electric energy and a capacity; management plan; N.Y. interim; correction - 40536 Siskiyou National Forest, Calico Ranger District, PROPOSED RULES FY 1979 vegetation management Natural Gas Policy Act of 1978: program, Oreg. 40525 * Rate schedules filed by electric utilities; research, 40536 Siskiyou National Forest, Illinois Valley Ranger development, and demonstration expenses District, 1979 FY vegetation management program, Oreg. Federal Register / Vol. 44. No. 134 / Wednesday, July 11, 1979 / Contents V

General Services Administration Justice Department NOTICES See also Antitrust Division. Justice Department. Authority delegations: RULES 40563 Health, Education, and Welfare Secretary Organization, functions, and authority delegations: Meetings: 40498 Court of Claims: review of decisions by contract 40563 Architectural and Engineering Services Regional appeals boards Public Advisory Panel NOTICES Pollution c6ntrol; consent judgments: 40572 Bernalillo. N. Mex., Town of Health Care Financing Administration RULES Aged and disabled, health insurance for Land Management Bureau (Medicare): NOTICES 40506 Reimbursement;, combination method and Applications etc.: modified cost finding elimination; correction 40565 Montana 40565, New Mexico (4 documents) 40566 Health, Education, and Welfare Department Environmental statements; availability, etc.: See Center for Disease Control; Education Office; 40564 Rocky Mountain liquid hydrocarbon pipeline; Health Care Financing Administration; Social New Mexico et al. Security Administration. 40566 Wyoming; coal slurry pipeline Meetings: Hearings and Appeals Office, Energy Department 40564 Miles City District Grazing Advisory Board NOTICES Motor vehicles, off-road, etc.; area closures: Applications for exception and stay: 40564 Colorado 40551 Decisions and orders Management and Budget Office Housing and Urban Development Department NOTICES NOTICES 40624 State and local governments; audit requirements Authority delegations: (OMB A-102) - 40564 Dallas, Acting Area Manager; order of succession National Oceanic and Atmospheric Administration Industry and Trade Administration RULES NOTICES Fishery conservation and management: 40540 Trade list prices 40519 Alaska salmon fishery; interim emergency regulations and request for comment; extension of time Interior Department NOTICES See also Fish and Wildlife Service; Land Coastal zone management programs; environmental Management Bureau; Reclamation Bureau. statements, hearings, etc.: NOTICES 40540 Georges Bank Marine Sanctuary Environmental statements; availability, etc.: Marine mammal permit applications, etc.: 40566 Parker Mountain planning unit, grazing 40540 Black Hills Marineland. Inc. management program; Utah 40540 Northwest &Alaska Fisheries Center

Internal Revenue Service Nuclear Regulatory Commission RULES NOTICES Excise taxes: 40595 Meetings; Sunshine Act 40497 Wagering tax returns; filing Income taxes: Occupational Safety and Health Review 40496 Dividends received deduction of thrift Commission institutions and consolidated returns NOTICES 40595 Meetings; Sunshine Act International Trade Commission NOTICES Postal Service Import investigations: NOTICES 40567 Prebision resistor chips 40595 Meetings; Sunshine Act

Interstate Commerce Commission Reclamation Bureau RULES NOTICES 40518 Railroad employees; reporting requirements; Environmental statements; availability, etc.: conference on changes 40566 Central Arizona project, Ariz. NOTICES 40575 Fourth section applications for relief Securities and Exchange Commission Motor carriers: NOTICES 40574- Permanent authority applications (5 documents) Hearings. etc.: 40581 40572 - Bangor Punta International Capital Co. 40572 Southwestern Group Financial Inc. VI Federal Register J Vul. 44, No. 134 1 Wednesday, July 11, 1979 / Contents

Small Business Administration STATE DEPARTMENT WOTICES 40573 U.S. Organization for the International Telegraph Applications, etc.: and Telephone Consultative Committee, Study 40573 Davis Whittle Co. group 1, 7-25-79 40573 EdivardisCapital Coip. Meetings; advisory councils POSTPONED HEARING 40573 Chicago INTERNATIONAL TRADE COMMISSION Social Security Administration 40567 Certain precision resistor chips, prehearlng PROPOSED RULES conference 7-23-79 and hearing 7-30-79, postponed Old-age, survivors, and disability insurance. and indefinitely aged, blind, and disabled; supplemental security income for (SSI): - 40532 Disability and blindness, determination for benefits payment; revision and simplification; correction Old age, survivors, and disabilily insurance (Medicare): 40526 Quarters of coverage and insured status Old age, survivors, and disability insurance (Medicare), and aged, blind, and di.-abled; supplemental security income for -(SSI): 40531 Deductions, reduclions and nonpayment of benefits; advance notice

State Department. NOTICES " Meetings: 40573 International Telegraph and Telephone Consultative Committee

Treasury Department See also Fiscal Service; Internal Revenue Service.. NOTICES Committe s;establishment, renewals, terminaTions, etc" 40574 Foreign Portfolio Investment Survey Advisory Committee

MEETINGS ANNOUNCED IN THIS ISSUE

GENERAL SERVICES ADMINISTRATION 40563 Regional PublicAdvisory Panel on rchitectural and Engineering Services, Region 6, 7-26 and 7-27-79

INTERIOR DEPARTMENT' Bureau of Land Management- 40564 Miles City District Grazing Advisory Board. -8-22-79

INTERSTATE COMMERCE COMMISSION .40518 Informal Conference xegardbng.rnle changes on railroad wage statistics 7-24-79

NATIONAL COMMISSION ON AIR QUALITY 40572 Meeting,,8-6-79

SMALL BUSINESS ADMINISTRATION 40573 Region V Advisory Council Executive Board, 8-8-79 Federal Register / Vol. 44, No. 134 1 Wednesday, July 11, 1979 I Contents VH

CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found In the Reader Aids section at the end of this issue.

7 CFR 27...... 40491 28...... 40491 61 ...... 40491 Proposed Rules: 29...... 40608 1049 ...... 40520 1464 ...... 40609 10 CFR Proposed Rules: 211 ...... 40621 782 ...... 40521 14 CFR 211 ...... 40494 302 ...... 40495 16 CFR Proposed Rules: 423 ...... 40523 1019 ...... 40524 18 CFR 294...... 40495 Proposed Rules: 35 ...... 40525 20 CFR Proposed Rules: 404 (3 documents) ...... 40526- 40532 416 (2 documents) ...... 40531, 40532 26 CFR 1...... 40496 44 ...... 40497 28 CFR 0...... 40498 29 CFR 1613 ...... 40498 40 CFR Proposed Rules: 146...... 40532 42 CFR 51b ...... 40500 405 ...... 40506 44 CFR 67 (18 documents) ...... 40506- 40515 45 CFR 164 ...... 40612 46 CFR - 502 ..... 40516 503 ...... 40516 47 CFR 90 ...... 40517 Proposed Rules: 73 ...... 40532 49 CFR 1245 ...... 40518 1246 ...... 40518 50 CFR 26 ...... 40518 674 ...... 40519 Proposed Rules: 20 ...... 40534 801 ......

...... 40598 812 ...... 40598 812 ...... 40598

40491 Rules and Regulations Federal Register VoL 44. No. 134 Wednesday. July 11. 1979

This section of the FEDERAL REGISTER U.S.C. 553, it is found upon good cause delivery point, including issuance of contains regulatoy documents having that notice and other public procedure new cotton class certificates in general applicability and legal effect, most with respect to this final rule are substitution for prior certificates--1.20 of which are keyed to and codified in impracticable and contrary to the public per bale. the Code of Federal Regulations, which is interest and good cause is found for published under 50 titles pursuant to 44 § 27.81 Fees;, certificates. U.S.C. 1510. making this final rule effective less than The Code of Federal Regulations is sold 30 days after publication of this For each new certificate issued in by the Superintendent of Documents. document in the Federal Register. substitution for a prior certificate at the Prices of new books are listed in the The conduct of all services and the request of the holder thereof, for his first FEDERAL REGISTER issue of each licensing of inspection/grading/ business convenience, or when made month. sampling personnel under these necessary by the transfer of the cotton regulations shall be accomplished under the supervision of an exchange without discrimination as to race, color, inspection agency as provided in § 27.73, DEPARTMENT OF AGRICULTURE religion, sex, or national origin. the person making the request shall pay a fee of 35 cents for each certificate Agricultural Marketing Service PART 27-COTTON CLASSIFICATION issued. UNDER COTTON FUTURES (90 Stat. 1841-184.6; (7 U.S.CQ i5b)) 7 CFR Parts 27,28, and 61 LEGISLATION PART 28-COTTON CLASSING, Cotton and Cottonseed; Revision 1. Sections 27.80 and 27.61 are revised in TESTING AND STANDARDS Fees to read as follows: 2. Sections 28.116,28.117,28.122, AGENCY: Agricultural Marketing Service. § 27.80 Fees;, classiflcatIon Micronalre, and supervision. 28.123, 28.148, and 28.151 are revised to ACTION: Final rulemaing. read as follows: For services rendered by the Cotton SUMMARY A Revision in Fees is Division pursuant to this subpart, §28.116 Amounts of fees for Necessary Due to the Increased Cost for whether the cotton involved is classification; exemption. Cotton Classing and Related Services, tenderable or not, the person requesting (a) For the classification of any cotton Cotton Standards supervision of the services shall pay fees as follows: or samples, the person requesting the Cottonseed Grading, and Cotton.Fiber (a) Initial classification and services shall pay a fee, as follows, and Processing Tests. certification-75 cents per bale. subject to the minimum fee provided in (b) Review classification EFFECTIVE DATE: August 1, 1979 and paragraph (c) of this Sectiom certification-90 cents per bale. (1) Grade, staple, and micronaire FOR FURTHER INFORMATION CONTACT'. (c) Micronaire determination and reading-90 cents per sample. Mr. Julius Jerome Boyd, Marketing certification-15 cents per bale. (2) Grade and staple only-75 cents Services Branch, Cotton Division, AMS, (d) Combination service--i1.50 per per sample. U.S. Department of Agriculture, bale. (Initial classification, review Washington, D.C. 20250, (3) Grade only or staple only-O Tel. (202] 447- classification, and Micronaire 7857. cents per sample. determination covered by the same (4) Micronaire reading only-15 cents SUPPLEMENTARY INFORMATION: Pursuant request and only the review per sample. to the U.S. Cotton Futures Act. U.S. classification and Micronaire (b) When a comparison is requested Cotton Standards Act, Agricultural determination results certified on cotton of any samples with a type or with other Marketing Act of 1946, and the Cotton class certificates.) samples, the fees prescribed in Statistics and Estimates Act, the fees (e) Supervision, by a supervisor of paragraph (a) of this section shall apply relating to cotton classing, standards cotton inspection, of the inspection, to every sample and inspection involved, including each sampling, and weighing, or sampling of cotton when of the certification samples of which the type is of cottonseed, and for any two or more of these operations are composed. cotton fiber and processing tests are performed together-go cents per bale. hereby amended to reflect increased (c) A minimum feeof $.00 shall be (fI Supervision. by a supervisor of assessed for services described in cost since the last adjustment in fees on cotton inspection, of the inspection. July 1, 1976. paragraphs (a) and (b) of this section for weighing, or sampling of cotton when each lot or mark of In this revision, certain cotton fiber cotton reported or any one of these operations is performed handled separately, unless the request and processing tests that have become individually-9 cents per bale. for service is so worded that the obsolete are deleted, and those (g] Supervision, by a supervisor, of minimum fees which are no longer samples become Government property cotton inspection, of transfers of cotton immediately after classification. appropriate have been eliminated. to a different delivery point, including (d) For any review of classification or The need for these increased fees and issuance of new cotton class certificates comparison of any cotton, the fees the amount thereof are dependent upon in substitution for prior certificates- prescribed in paragraph (a) of this f acts within the knowledge of the $1.90 per bale. section shall apply. Agricultural Marketing Service. The minimum fee (h) Supervision, by a supervisor of prescribed in paragraph (c) of this Therefore, pursuant to the cotton inspection, of transfers of cotton section Is not applicable to review of administrative procedure provisions in 5 to a different warehouse at the same classification or comparison. 40492 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 [Rules and Regulations

(e) The fees provided for in § 28.148 Fees and costs; classifications; § 28.9.10 Classification of samples and paragraphs (a) and (b] of this section reviews; other. Issuance of memorandums. may be waived in whole or in part, as to The fee for the classificaflon, (a) The samples submitted as the classification and comparison and comparison, or review of linters with provided in this subpart shall be the review, if any, of any cotton (1) for respect to grade, staple, and character classified by emploees of the Division any governmental agency; (2)to or-any of these qualities shall be at the and a classification memorandum facilitate a cotton program of any rate of 75 cents for each bale or sample showing the grade, staple length, and governmental agency, and (3)for a involved. The provisions of § § 28.115 micronaire reading of each sample charitable or-philanthropic organization through 28.126 relating to other fees and according to the official cotton if such cotton will be used in accordance costs shall, so far as applicable, apply to standards of the United States will be with an act of Congress or a. services-performed with respect to mailed or made.available to the congressional resolution for the relief of linters. producer whose name appears on the distress or will be exchanged for goods tag accompanying the sample, or to a to be so used. The samples accumulated § 28.151 Cost of practical forms for representative designated by the in the classification or certification of linters; period effective. producer or the organized group to cotton for a governmental agency or to Practical forms of the official cotton receive the classification memorandum, facilitate a cotton program of any- linters standards of the United States (b) Upon the request of an owner of governmental agency shall be disposed will be furnished to any person subject cotton for which classification of as required by such agency. to the applicable terms and conditions memorandums have been issued under this subpart a new memorandum shall § 28.117 Fee for new memorandum or specified in § 28.105; Provided,that no practical form of any of the official be issued for the business convenience certificate. of cotton linters standards of the United such owner without the reclassification For each new memorandum or States for grade shall be considered as of the cotton. Such rewritten memorandum certificate issued in substitution for a representing any of said standards after shall bear the date of its issuance and prior memorandum or certificate at the the date of its cancellation in the date or inclusive dates of the original request of the holder, thereof, on accordance with this subpart, or, in any classification. The fee for a new account of the breaking or splitting of event, after the expiration of 12 months memorandum shall be $1.50 per sheet. the lot of cotton covered thereby or following the date of its certification. otherwise for his business convenience, The cost of the official standards for. § 28.911 Review classification. the person requesting such substitution grade shall be at the rate of $20.00 each, shall pay a fee of $1.50 per sheet. A producbr may request one review f.b.b., Memphis, Tennessee, for classification for each bale of eligible § 28.122 Fee for practical classing shipments within the continental United cotton. The fee for review'classification examination. States, and $27.00 eachdelivered to is 75 cents per sample. Samples for The fee for the complete practical destinationfor shipments outside the review classification may be drawn by classing examination for cotton or United States. The cost of the offical gins or warehouses licensed pursuant to cotton linters shall be $75.00. Any standards for staple shall be at the rate § § 28.20-28.22, or by employees of the applicant who pdsses both parts of the of $5.00 each, f.o.b., Memphis, United States Department of examination may be issued a certificate Tennessee, for shipments within the Agriculture. Each sample for review indicating this accomplishment. Any continental United States, and $6.00 classification shall be taken, handled person who passes one part of the each, delivered to destination, or and submitted according to § 28.908 and examination, either grade or staple, aiid shipments outside the continental to supplemental instructions issued by fails to pass the other part, may be United States. the Director or his representatives. reexamined for the part that was failed. (Sec. 10, 42 Stat. 1519; 7 U.S.C. 61) Costs incident to sampling, tagging, The fee for this partial reexamination is identification, containers, and shipment $40.00. 3. Section 28.184 is revised to read as for samples for review classification follows: shall be without expense to the § 28.123 Cost of practical forms of cotton Government. standards. § 28.184 Cotton linters, general. (Sec. 10, 42 Stat. 1519, Seac. 3a, 50 Stat. 62; 7 The cost of practical forms of the Requests for the classification or U.S.C. 61, 473c.) cotton standards of the United States comparison of cotton linters pursuant to shall be as follows: this subpart and the samples involved 5. Section 28.956 is revised to read as shall be submitted to the Board of follows: Domestic Shipments Cotton Linters Examiners. All samples shipments delivered § 28.956 Prescribed fees. f.o.b. outside the classed shall be on the basis of the Memphis. continenta official cotton linters standards of the Fees'for fiber and processing tests TN United States United States. The fee for classification shall be assessed as listed below: or comparison and the issuance Grade staadards Dollars each box of a American Upland: memorandum showing the results of Item Kind of Test 12-sample official boxes such classification or comparison shall No. (Universal Standards) _...... 35.00 45.00 6-sample guide boxes...... 20.00 27.00 be 75 cents per sample. 1.0 Fumish;ng USDA caLiaton cotton In the American Pima: (Sec. 205, 60 Stat. 1090, as amended: 7 U.S.C. short, medium long ad extra long e.oplo 6-sample official boxes ...... 35.00 45.00 lengths, including st.andard volue3 for Standards torlength of stlqap 1624.) length by both army nd Fiwogtrph malls American upland (prepared in one ads, strength by flat bund!9 method at '/ pound rolls for each Iangth)... 6.00 7.00 Organized Groups of-Producers Inch gauge, and rnnturay and tarnoss by the American Pina (prepared in one Caustcalre mothodx pound ro!ls for each iength).... 7.00 8.00 4. Sections 28.910 and 28.911 are a. By surface da -vciy. M. samps.... $15.00 b. By s& dlivey wVth- the U.S., 1.4b, revised to'read as follows: sample ...... 17.00 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations 40493

Kind of Tes Item Kind of Test Kkd of Test No. 6.0 Fiber maurit ard frene of pinned co&L- 15.1 pRocassng ard kirrinf g of additiona yarn. air 1- c. By delivery outside the U.S. lint by the Causkicak method Reprin Any yarn r=71b- processed I connecton Eb.sample 20.00 tests "s specified in items 9. the average inturity. fireness. and rnk- wMtspinning 2.0 Furnishing international caibraion cotton 11 12. and 13. cron ke readig as based an 2 specimen on each of -standards with standard values for ricron- .0 Approsmaaly 300 yards aire readi g and Pressley fer sirenth at rom a blerided samie per sar 16 pawr kbes for tesig by the epp,- _ 1.00 ! zero gauge: Mrrininurtee ca. per adutione lot of yarn 25.00 7.0 Mlcronake reas on ginned c n kJI. 18.0 Twist in yarr by drct-contng method. a. By surface delivery. z-fl. sample- 10.00 readingbased L. By ai delivery within U-S, -L Reporting the ricronke as Rwep&dg drecton oI tWirt ad average on I specimen from ah saMTuveper turns per kirh of yam. snupl 12.00 .15 . By airdelivery outside U.S. %4. 1 - & Sngle yars based on 40 spec- Msinmn tea 5. mens per lot of yarn - O.O 8.0 Neps content of ginned cotton lrI Reortig b. Plied or cabled yanebasad on 10 3.0 Fiber length aray of cotton samples. Report- inches as bas ing the average percentage of fiber by the neps per 100 squm spec: rPati lot of yam - 16.0O on the web prepared from a 3.gm specl. 17.0 Sen senrgth of yar. Reprting data on weight in each 15-nch group, average equpment c length, and average length vanabft as mnby using accessory to strngth and te yarn nurers based based on 3 specimens from a blended the mechanical fiber blenider. pet sarmple-. 8&0 on 25 skans from yarn kirashed! by the sampe 9.0 Cotton carded yarn spinnig last. Repc&4n applican', p sar 5.0 data on waste extracted. yarn skein on bcb- - 35.00 17,1 APPearce g"ad of yarn frrished a. Ginned cotton lint, per sample strengt. )-amnappearance. yar LrrWsfcc tu appear- nots per sample . 45.00 bins by G,carfL. Reportig b. Cotton comber lons, and daS cation and fEbr le gth a ance grade h accordance with ASTM c. Other cotton wastes. per sample 55.00 9pecified i [torna 25 and 4 as wet as stadards as based on yam wound trom 3.1 Fiber length aNay of cotton sarrples. Report- comments srrnai&g any ob- fibers by one bcbbn. par bobi 2.00 ing the average percentage of aervations as tared on ti processing of 172 Fuarms ag yam wound on boards in conec- weight in each -inch group, average 6 pounds of cotion inaccordance with tion, wi yarn appearance tests as spec- length. and average length variabilty as standard laboratory proceduaes at cre c led in[tern nurribs 9. 11. 12. 13 and 14. based on 2 specimens from a bended the standard rates of cdg of 5it. 9%. ParY-nmber 2.50 sample:' or 12% ponds-periour ino t ol the 18.0 Streright of cotton fabric. Rep rting the aver- 836 14s. a. Ginned cotton kt per sarn l - 25.00 standard carded yam nuters of age warp and fillig strerugf by the grab b. Cotton comber ros, per sample- 30.00 22s. 36s. 44s. or 50s. impioying a s.and- rethod as based on 5 breaks for both r_ Other cotton wastes. per sample. 40.00 ard thist mtiplier u-ess otertse sped- warp ard fiing of fabric fumihed by the 3.2 Fbw array of cotton samples. kuckudinipur- fled. per sample 3.0 applcav. parsample 10-C0 test. Deterrwng fu fled or absorbent coton. Reporting the 10.0 Spinning potw.; 18.1 Cctlon fabric analyis. Reporthg dat on thu average percentage of fibers -inch and finest yarn wthih can be spun w h no number of warp and filling treads per longer by weight the average of fibers ends down and repot spirv'g po*n- inch arid the weigt per yard of fabric as shorter than %hich by weight average iS yarn number. Ts teMk mude in con- bed on at ead three (3) 6 x 64ncxh length, and average lengt vaalty as nection with Rtm 9 and roqr*es an ad&d spediens of fabric wtich was processed based on 3 specimens from each sampie tonal4 pmds of cotton par sarrple 75.00 a specified in item nuter 19. cc fur- per S5.00 11. Cotton combed yarn spining tes. Repri,'g riaedby the appiat wsanpe...... e 20.00 data on waste csaed, yam skein 4O.0 4.0 Flb length of ginned cotton Ln by Fro- yar h-npefe rknurmfaa strength, yarn apearnce, data graph method. Reporting the average torus arid €claaln ard her lengt as 19.0 Color of ginned cooon lint. Repor5f length and average length oniformity as on the reflectance in trns of Rd values wel as based on 4 specimens from a lended specified In Items 25 and 4 as ard ftu degree of yellowniess i farms of sample, per sample 4.00 comments summarizig any usul cb- b values as based on color tasts employ. Minimumnfee unless performed incon- seations as based on the procesg of coton in accordance with Ig the Nlckemocn-iKxter Cotton Cocesn nection with other tests requiring a Wlend. 8 pounds of ea on I ; I which have a uriform sur- edspecimen &DO standard proceckuxs at one of the stanid facwmeasrinrg Srx 6%t inde aNidweigh- of car ing of 4%. 61 or 915 4.1 Fiber length ofginned cotton W by Ftiro- ard rates Ing approximately 50 Grans in ordr to graph method. Reporting the length of pounds-perhcr into two of the standard -o~d specien wtxh ar azufiiert and average length and combed yarn rurriers of 22s. 36s. 44s. Vick lo be cpeque. persan-pe - .35 each sub-sample feWs orks s etooc4*-, a stad- average length uiforni for each group os, Li-rm fa. 3.50 on 2 ard hoist muWilier unles othera'ae spedl. kxxg a set of of replicate subsamples as based 11o.o 20.0 Furaieng color staindards. specimens from each of 3 or more repli- fied. per sample standard Ues aid a n.ster dagam for cateun

Kind of Test * - issued by him. Upon receipt of a simplify the regulatory process, the statement from the Service each month Board is amending 14 CFR 211.2 to 25.0 Classification of ginned cottonlint in connec- showing the number of certificates eliminate the requirement that foreign tion with fiber tests. Classification Includes issued by the licensee, such licensee will air carrier applications be accepted by grade, staple and mike reading which re- quires a 6-ounce sample, per sample ...... 0 forward the appropriate remittance in the Board only if forwarded through 26.0 Bleaching and testing of cotton yarn. Report- the form of a check, draft, or money diplomatic channels. Currently the ing data on the color of the yam in terms of Rd reflectance values and +b degree orderpayable to the "Agricultural Board is precluded from officially of yellowness -values as based on the Marketing Service, USDA." receiving applications direct from the measurement of two 120-yard skeins carrier applicants. The Board believes elthel processed In connection with spin- § 61.46 Fees for review of grading of ning test Item numbers 9,'tl, 12, and 13 cottonseed. that the sometimes circuitous routing or furnished by the applicant and bleached through diplomatic channels may result In accordance with standard laboratory For the review of the grading of any procedures, per lot of ya r n 10.00 in processing delays that can be Minimum fee ...... 100.00 lot of cottonseed, the fee shall be $30.00. remedied by permitting direct filings by 27.0 Bleaching, dyeing, and testing of cotton Remittance to cover such fee, in the yarn. Reporting data on the color of the applicants. In PR-208,-also issued today, dyed yam in terms of Rd reflectance form of a check, draft, or money order the Board is amending 14 CFR Part 302 values and minus b degree of blueness payable to the "Agricultural Marketing to require a foreign air carrier to notify values as based on the measurement of Service, USDA," shall accompany each two 120-yard skeins either processed in the Department of State whenever It connection with spnnig test item num- application for review. Of each such fee files a foreign air carrier permit ber 9, 11, 12, and 13 or furnishedby the collected, $10 shall be covered into the applcant and bleached, then dyed in ac- application. This will maintain any cordance with standard laboratory proce- Treasury and $0 disbursed to each of notice or evidentiary benefits derived dure, per lot ofm.yam...... 15.00 the two licensed chemists designated to Minimum fee ...... 150.00 from the diplomatic routing. 28.0 Dyeing and testing of grey cotton yam. Re- make reanalysis of such seed. Presently, applicants submit porting data on the color of the dyed yam in terms of Rd reflectance values and (Sections 203 and 205, 60 Stat. 1087 and 1090, applications to their national minus b degree of blueness values as as amended; 7 U.S:C. 1622 and 1624.) governments for transmittal to U.S. based on the measurement of two 120- Dated: July 5, 1979. embassies yard skeins-either processed in connection abroad, or to their embassies with spinning test item numbers 9, 11. 1Z William T. Manley,' in Washington. All applications must and 13 or furnished by the applicant and eventually pass through the dyed In accordance with standard labora- DeputyAdministrator,Marketing Program U.S. tory procedures, per lot of yam ...... 10.00 Operations. Department of State before finally Mnmum u m f. 100.00 [FR Doe.79-21429 Filed7-10-M, L45 am arriving at the Board.' Government-to- 29.0 Color of cotton yarn. Reporting data on the color of grey, bleached, dyed, or bleached BILLING CODE 3410-02-M government formal communications are and dyed yam either processed in connec- generally safe, but can sometimes be 'tion with spinning test items 9, 11, 12, and 13 or furnished by the applicant as based exceedingly slow. The speed of on the measurement of two 120-yard CIVIL AERONAUTICS BOARD movement, which can take from one skeins, per lot of yam . 2.00 week to six months, (typically, Minimum fe... 6.00 it takes 30.0 High Volume Instrument (HVi) Measure- 14 CFR Part 211 between two and four weeks) can be meals: affected by the urgency of the request, (a) Length and length uniformity .50 ... [ER-1132, AmdL 7] (b) Sfrnght. .75 interest of the government of the (c) Color-_ _ _ .so applicant's country of citizenship, (d) Color and Trash...... 50 Applications for Permits to Foreign Air priority of other business, or familiarity (d) M.onate...... 15 Carriers; Filing and Service (1)Any combination of the above.-... 1.00 with diplomatic routing. Delay in 31.0 High Volume instrument Calibration cotton 5 Adopted by the Civil Aeronautics Board at its ...... 50.00 transmittal through channels is likely to office in Washington, D.C. increase now that we require applications to be accompanied by all (Sec. 3c, 50 Stat. 62; 7 U.S.C.473c) AGENCY: Civil Aeronautics Board. information which is necessary for us to ACTION: Final rule. PART 61-COTTONSEED SOLD OR rule on it. Instead of aproforma piece of OFFERED FOR SALE FOR CRUSHING SUMMARY: The CAB on its own initiative paper, a much more substantial package must PURPOSES (INSPECTION, SAMPLING, eliminates the requirement that foreign make its way through channels. AND CERTIFICATION) air carrier applications be filed only Sometimes applications are lost In after receipt from the U.S. Department of transit, causing additional delay. 6. Sections 61.44, 61.45 and 61.46 are Obviously, State. Foreign air carrier applicants may these ministerial steps result revised as follows: now file their applications directly with in increased administrative expense that is eventually borne by the public; but § 61.44 Fee for chemist's license. the Board. The CAB also eliminates repetition of the requirement that more importantly, they hamper the For the examination of an applicant environmental evaluations be filed Board's ability to speedily provide for a license as a chemist to analyze and concomitantly with the 402 application market entry to new foreign competitors, certificate the grade of cottonseed the which now appears in two parts of To the extent that the relatively fee shall be $240, but no additional section 211.5. laborious permit process hinders the charge shall be made for the issuance of prompt consideration of permit DATES: Adopted: July 3,1979. Effective: a license. For each renewal of a applicationsiby the Board, it reflects chemists's license the fee shall be $80. July 3, 1979. poorly on the United States. FOR FURTHER INFORMATION CONTACT: § 61.45 Fee for certificates to be paid by This is not to say that the government. Glenn M. Datnoff, Civil Aeronautics licensee to Service. to-government routing serves no Board, Bureau of International Aviation, purpose. Receipt of the application and To cover in part the cost of Legal Division, 1825 Connecticut . designation (where applicable) from the administering the regulations in this part Avenue, N.W., Washington, D.C. 20428, each licensed cottonseed chemist shall (202) 673-5035. ' Canadian applicants requesting authority to pay to the Service 90 cents foreach SUPPLEMENTARY INFORMATION: As part operate charter services with small aircraft submit certificate of the grade of cottonseed their applications to the Alh Transport CommIlloo of of its continuing effort to speed and' Canada which tranismits them to the Board, Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 1 Rules and Regulations 40495

foreign government demonstrates its the public interest. The Department of and to provide those persons with actual support of the application-a Board State has been consulted and has no documents upon request. This vill requirement in awarding 402 permits. It objections to these amendments. maintain any benefits that were is a further manifestation of the general Accordingly, the Civil Aeronautics obtained by routing the application international principle that Board amends 14 CFR Part 211. through the State Department. governments, not carriers, bear the sole Applicationsfor Permits to ForeignAir DATES: Adopted: July 3,1979. Effective: responsibility for negotiating bilateral Carriers,as follows: July 3. 1979. aviation rights. Finally, it acts as notice 1. Section 211.2 is amended to read: to the Department of State of pending FOR FURTHER INFORMATION CONTACT. actions in which it mac desire to §211.2 Filing and service. Glenn M. Datnoff, Civil Aeronautics participate. Importantly, our action here Applications for foreign air carrier Board, Bureau of International Aviation. does not affect the designation process, permits shall be considered to have Legal Division, 1825 Connecticut nor does it preclude the Department of been filed on the date such applications Avenue, N.W,, Washington, D.C- 20428. State from requiring that applications be are actually received by the Board. Each (202) 873-5035. transmitted to it through diplomatic applicant shall serve such persons as SUPPLEMENTARY INFORMATION: Since channels, for its own purposes. Our required in Part 302, Subpart Q of this this amendment imposes no substantive action simply gives the carrier the chapter. obligations and is merely procedural in option of also filing directly with the 2. In the Appendix, paragraph 5 is nature, we find that notice and public Board, so that we can begin to process amended to read: Appendix comment are unnecessary and an the application sooner. For the Board's immediate effective date is in the public purposes, we believe that the primary 5. Supply certified copies of all interest. Accordingly, the Civil benefits derived from diplomatic routing licenses issued to the applicant by its Aeronautics Board amends § 302.1705 of will be retained after elimination of that Government. together with a certified 14 CFR Part 302 Rules of Practicein requirement. Indeed, the Board has copy of the official diplomatic note BoardProceedings,to read: always required an applicant to designating the carrier under the demonstrate possession of operation applicable air transport services § 302.1705 Service of documents. authority from its country of citizenship agreement. If the foreign air (a) * and evidence of designation (where transportation is not covered by an air appropriate] prior to issuance of a (2) In foreign air carrier permit transport services agreement, supply proceedings described in § 302.1701(c) foreign air carrier permit. Recent certified evidence of the applicant's amendments to Part 211 now formalize applicants shall serve on the persons operating authority from its listed in paragraph (b) of this section that evidentiary requirement. We Government. believe this is normally sufficient to and the U.S. Department of State a show support from the applicant's notice that such an application has been filed and, upon government of citizenship. For those few § 211.5 [Amended) request, shall promptly cases where there may be some doubt, provide those persons with copies of the 3. In § 211.5. paragraph (a) is revoked actual documents. All later documents the Board's staff can verify the facts and reserved. with the Department of State. We shall shall be served on any person that has also require notification to the (Sec. 204, 402, 1001 of the Federal Aviation filed a pleading in the docket. Department of State when applications Act. as amended. 72 Slat. 743. 757, 788, 92 (Sec. 204.402.1001. of the Federal Aviation StaL are filed with the Board. Therefore, " 1723,49 U.S.C. 1324.13721481) Act. as amended. 72 Stat. 743.757, 793, 92 direct filing by applicants does not leave By the Civil Aeronautics Board: Slat. 1723.49 USC 1324,1372.1481. the Department of State without notice. Phyllis T. Kaylor, Administrative Procedure Act, 5 USC 551 et In short, we believe the benefits in terms Secretary. seq,) of quicker Board action clearly outweigh IFR Do. 79-212n1 Fkl 7-10-79; 8:45 amn By the Civil Aeronautics Board. any advantage gained from refusing to BILNG CODE 6320-01-M Phyllis T. Kaylor, accept an application unless it has gone Sccretary. through diplomatic channels. We note in IMl V:Z-75-22 FL'!^d7-10-M0. &43 amj this regard that diplomatic routing is not 14 CFR Part 302 BILUNa CODE 63-10-01-M universally practiced by all nations. Accordingly, the requirement of [Regulation PR-208; Amendment No. 58] diplomatic routing of 402 applications is Rules of Practice In Board DEPARTMENT OF ENERGY deleted from Part 211. Proceedings; Service of Documents As regards the environmental Federal Energy Regulatory provisions, the two requests for identical Adopted by the Civil Aeronautics Board at Commission environmental information currently its office in Washington. D.C.. July 3,1979. found in section 211.5(e] and paragraph AGENCY: Civil Aeronautics Board. 18 CFR Part 294 (10](i) of the Appendix result from a recent amendment to Part 211 that ACTION: Final rule. Interim Procedures for Shortages of should also have eliminated the Electric Energy and Capacity; Interim SUMMARY: In ER-1132, issued Rule repetitive requests. This amendment simultaneously, the CAB is permitting corrects that oversight. foreign air carrier applicants to file their AGENCY: Federal Energy Regulatory Since these amendments impose no applications directly with the Board Commission. substantive obligation, are merely without having to go through the procedural in nature and relieve ACTION: Correction of Notice of Interim Department of State. In this rule, the Rule. restrictions, we find that notice and CAB requires these applicants to notify public comment are unnecessary and the State Department and other persons SUMMARY: This notice that an immediate effective date is in corrects an that a permit application has been filed omission in the Notice of Interim Rule 40496 - Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations

issued by the Commission on June 15, SUPPLEMENTARY INFORMATION: Department participated in developing 1979 FR 37500). the regulation, both on matters of (44 Background EFFECTIVE DATE: Jund 15,1979. substance and style. On August 30, 1978, the Federal FOR FURTHER INFORMATION CONTACT:. Adoption of amendments to the Register published proposed Kenneth F. Plumb, Secretary, Federal regulations Energy Regulatory Commission, amendments to the Income Tax Washington, D.C. 20426, 202-275-4166. Regulations (26 CFR Part 1) under Accordingly, the amendments sections 596 and 1502 of the Internal published with notice of proposed The Notice of Interim Rule published Revenue Code of 1954 (43 FR 38729). No in the Federal Register rulemaking in the Federal Register for on June 27, 1979, public hearing was requested and none at 44 FR 37500 is corrected as follows: August 30, 1978 (43 FR 38729) are was held. After consideration of all adopted, subject to the following At 44 FR 37501, under "Summary of comments regarding the proposed change: Regulation," paragraph 3, the first amendments, those amendments are sentence is corrected to read: Section 1.596-1(c), as added by adopted as revised by this Treasury paragraph I of the notice of proposed "Paragraph (c) requires any public utility decision. which anticipates a shortage of electric rulemaking, is amended by adding two energy or capacity immediately to report Section 596 of the Code provides that new sentences at the end to read as such anticipated shortages to the a thrift institution that computes follows: Commission, to appropriate State additions to the reserve for bad debts under section 593(b)(2] § 1.596-1 Limitation on dividends received regulatory authorities, and to its firm must reduce its deduction. power wholesale customers." otherwise allowable dividends received deduction (sections 243, 244, and 245) by Kenneth F. Plumb, the applicable percentage determined (c)Dividends received by members 6f a controlledgroup. ' * * If the Commissioner Secretary. under section 593(b)(2) (A) and (B). To July 6, 1979. allocates a dividend to a thrift Institution prevent taxpayers from avoiding section under this paragraph (c), the Commissioner [FR Doc. 79-21427 Filed 7-10-79; 8:45 am] 596 by transferring dividend-paying will also make appropriate correlative BILLING CODE 6450-0145 stock t6 a related corporation, proposed adjustments to the income of any other § 1.596-1(c) provides that if a thrift member of the group involved in the institution that is a member of a allocation, at a time and in a manner DEPARTMENT OF THE TREASURY controlled group of corporations consistent with the procedures of § 1.482- transfers stock to another member of the 1(d]{2). This paragraph (c) applies to taxable Internal Revenue Service group, without a bona fidebusiness years ending on or after August 30.1975, 26 CFR Part I purpose, dividends with respect to the This Treasury decision is issued under stock may be allocated to the thrift the authority contained in sections 1502 [TD 76311 institution. The Treasury decision also and 7805 of the Internal Revenue Code provides for a correlative adjustment to of 1954 (68A Stat. 637, 917: 26 U.S.C, Dividends received deduction of thrift the other member of the group involved 1502, 7805). institutions and consolidated returns in the allocation. Jerome Kurtz, Section 1.1502-26qa) of the existing CommissionerofInternalRovenue AGENCY. Internal Revenue Service. regulations provides that if any member Treasury. of an affiliated group that files a Approved: June 26,1979, ACTION: Final regulations. cons'olidated return computes its Donald C. Lubick, additions to the reserve for bad debts AssistantSecretary of the Treasury. SUMMARY: This document provides final regulations relating to the dividends under section 593(b)(2), the dividends Paragraph 1. Section 1.596-1 is received deduction of a thrift institution- received deduction with respect to amended by adding a new paragraph (c) and the consolidated dividends received dividends received by any member of to read as follows: deduction if any member of an affiliated the group (except the common parent if it does not use section 593(b)(2)) is § 1.596-1 Limitation on dividends group that files a consolidated return is received deduction. a thrift institution. These regulations subject to section 596. To provide relief amend existing provisions. Generally, for affiliated groups that include a the changes will prevent tax avoidance member that is a thrift institution, - (c) Dividends receivedby mnembers of § 1.1502-26(a) is by a thrift institution that is a member of amended to apply a controlledgroup. If a thrift institution a controlled group of corporations and section 596 with respect to dividends that computes a deduction under section will liberalize the consolidated received by only certain members of the 593(b)(2) is a member of a controlled dividends received deduction available affiliated group. These members include group of corporations (within the to certain affiliated groups that file thrift institutions that use section meaning of section 156a (a), determined consolidated returns. 593(b)(2) and other members in which by substituting "50 percent" for "80 the thrift institution, directly or DATES: The regulations under section percent" each place it appears therein) indirectly, holds 5 percent or more of the and if the thrift institution, without a 596 and 1502 are effective for taxable stbck. years ending on or after August 30, 1975. bona fide business purpose, transfers Drafting Information stock, directly or indirectly, to another FOR FURTHER INFORMATION CONTACT: member of the Lawrence group, the Commissioner M. Axelrod of the Legislation The principal author of these may allocate any dividends with respect and Regulations Division, Office of the regulations is Lawrence M. Axelrod of to the stock to the thrift institution, If the ChiefCounsel, Internal Revenue the Legislation and Regulations Commissioner allocates a dividend to a Service, 1111 Constitution Avenue, Division, Office of Chief Counsel, thrifty institution under this paragraph N.W., Washington, D.C. 20024, Internal revenue Service. However, (c), the Commissioner will also make Attention: CC:LR:T (202-566-3474, not a personnel from other offices of the appropriate correlative adjustments to toll-free call). Internal Revenue Service and Treasury the income of any other member of the Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations 40497

group involved in the allocation, at a with the application of paragraph (a)(5) Background time and in a manner consistent with of this section, 5 percent or more of the the procedures of § 1.482-1(d)(2). This stock on any day during the This Treasury decision prescribes paragraph (c) applies to taxable years consolidated return year, and places for filing wagering tax returns. ending on or after August 30, 1975. [ii)The thrift institution's applicable This regulation adds new paragraphs (c) Paragraph 2. Section 1.502-26 is percentage determined under and (d) to § 44.6091-1 (relating to the amended by revising paragraph (a) to subparagraphs (A) and (B)of section place for filing wagering tax returns) to read as follows: 593(b)(2). allow for the filing of both Forms 11-C and 730 by hand carrying them to the § 1.1502-26 Consolidated dividends For purposes of this subparagraph, heads of area, zone or local offices received deduction. dividends allocated to a thrift institution constituting permanent posts of duty (a) In general.(1) The consolidated under § 1.596-1(c) shall be considered within internal revenue districts, as well dividends received deduction for the received by the thrift institution. as with district directors. This regulation taxable year shall be the lesser of- (5) For purposes of paragraph (a)(4}(i) will also clarify that wagering tax fi) The aggregate of the deduction of of this section, a member owning stock returns are to be filed with the the members of the group allowable of another member (the "second appropriate Internal Revenue Service under sections 243(a)(1), 244(a) and 245 member") shall be considered as owning Center, if the instructions on the form so (computed without regard to the its proportionate share of any stock of a provide. Because.this regulation is limitations member owned by the second member. nonsubstantive and essentially provided in section 246 (b)), Stock considered or as being owned by procedural it is found unnecessary to reason of the preceding sentence shall, issue this Treasury decision with notice (ii) 85 percent of the consolidated for purposes of applying that sentence, taxable income computed without and public procedure. For the same regard to be treated as actually owned. The reasons, this regulation is not a the consolidated net operating proportionate share of stock in a loss deduction, consolidated section 247 significant regulation under paragraph 8 deduction, the member owned by another member is of the Treasury Directive appearing in consolidated dividends the proportion which the value of the received deduction, and any the Federal Register for November 8, stock so owned bears to the value of all 1978 (43 FR 52120). consolidated net capital loss carryback the outstanding to the stock in the member. taxable year. For purposes of this paragraph the term Drafting Information Subdivision (ii) of this subparagraph "stock" includes nonvoting stock which The principal author of these shall not apply for any consolidated is limited and preferred as to dividends. return year for which there is a regulations is Annie R. Alexander of the consolidated net operating (6) For purposes of paragraph (a](4)(i) Legislation and Regulations Division of loss. (See of this section, if two or more thrift paragraph (f) of § 1.1502-21 for the the Office of Chief Counsel, Internal institutions that are both members of the Revenue Service. However, personnel definition of a consolidated net group each owns operating loss.] 5 percent or more of from other offices of the Internal the same member's stock, the member's Revenue Service and Treasury (2) If any member computes a stock will be considered deduction under section 593(b)(2) for a to be owned Department participated in developing taxable year beginning only by the thrift institution with the the regulation, both on matters of after July 11, highest 1969, and ending before August 30,1975, applicable percentage. substance and style. the deduction [FR D=c. 79-.1401 F 7-1o-7' &4da41 am] otherwise computed BILNG CODE 4930-01- Amendments to the regulations under this section shall be reduced by an amount determined by multiplying The following amendments to 26 CFR the deduction (determined without 26 CFR Part 44 Part 44 are adopted: regard to this sentence and without Paragraph 1. Section 44.6091 is regard to dividends received by the [T.D. 76301 deleted. common parent if such parent does not Par. 2. Section 44.6091-1 is amended use the percentage of income method Filing of wagering tax returns by adding new paragraphs (c) and (d). provided by section 593(b](2)) by the The added paragraphs read as follows: applicable percentage of the member AGENCY: Internal Revenue Service, with the highest applicable percentage Treasury. § 44.609I-1 Place for filing returns. (determined under subparagraphs (A) ACTION: Final regulations. and (B] of section 593(b)(2]). (c) Returns filed with service centers. (3) For taxable years ending on or SUMMARY: This document provides final Notwithstanding paragraphs (a) and (b) of regulations relating to the place for filing this section. whenever instructions applicable after August 30, 1975, the deduction wagering tax returns. These otherwise computed under this section regulations to returns filed on Form 730 or Form i-C provide taxpayers with the guidance provide that the returns be filed with a shall be reduced by the sum of the service center, the returns amounts determined under paragraph needed for filing tax returns. shall be so filed in DATE: The regulations are effective July accordance with the instructions. (a)(4) of this section for each member (d)Hand-carriedretums. Returns which that is a thrift institution that computes 11, 1979. are filed by hand carrying shall be filed with a deduction under section 593(b)(2). FOR FURTHER INFORMATION CONTACT. the district director (or with any person (4) For each thrift institution, the Annie R. Alexander of the Legislation assigned the administrative supervision of an amount determined under this and Regulations Division, Office of area, zone or local office constituting a subparagraph is the product of- Chief Counsel, Internal Revenue permanent post of duty within the internal (i) The portion of the deduction Service, 1111 Constitution Avenue, NV., revenue district of such director as provided determined with regard to the sum of the Washington, D.C. 20224, Attention: in paragraph (a] of this section. See dividends received by (A) the thrift CC:LR:T, 202-566-3671, not a toll-free § 30I. 92-1(c] of this chapter (Regulations institution, and (B)any call. on Procedure and Administration) for member in which provisions relating to the definition of hand that thrift institution owns, directly and SUPPLEMENTARY INFORMATION: carried. 40498 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations

Because this regulation is chapter (Regulations on Procedure and Dated: June 29, 1979. nonsubstantive and essentially Administration) for provisions relating John M. Harmon, procedural, it is found unnecessary to to the definition of hand carried. Acting Attorney General. [FR Doc. 79-21402 Filed 7-10-79; &45 am) issue it with notice and public procedure [FR Dec. 79-21377 Filed 7-19-7g: 8:45 am] BILLING CODE 4830-01-M under subsection (b) of section 553 of BILLING CODE 4410-01-M Title 5 of the United States Code or subject to the effective date limitations of subsection (d) of that section. DEPARTMENT OF JUSTICE EQUAL EMPLOYMENT OPPORTUNITY (Sacs. 6091 and 7805 of the Internal Revenue COMMISSION Code of 1954 (68A Stat 752, 917; 26 U.S.C. Office of the Attorney General 6091, 7805)) 28 CFR Part 0 29 CFR Part 1613 Jerome Kurtz, Commissionerof InternalRevenue. [Order No. 838-79] Equal Employment Opportunity In the Federal Government Approved: June 26,1979. Organization of the Department of Donald C.Lubick, Justice; Civil Division AGENCY: Equal Employment Opportunity AssistantSecretary of the Treasury. Commission. AGENCY: Department of Justice. § 44.6091 [Deleted] ACTION: Interim regulation request for ACTION: Final iide., Paragraph 1. Section 44.6091 is comments. deleted. SUMMARY: Section 8(g)(1)(B) of the SUMMARY: This regulation establishes Par. 2. Section 44.6b91-1 is amended Contract Disputes Act of 1978 authorizes the head of an agency, with the prior interim procedures under which the by adding new paragraphs (c) and (d). Equal Employment Opportunity The added paragraphs read as follows: approval of the Attorney General, to refer a decision (presumably adverse to Commission will conduct investigations. § 44.6091-1 Place for filing returns. the agency) of a board of contract of employment discrimination complaints (a) In general.A return on Form 730 or appeals to the Court of Claims for filed against certain federal Form 11-C shall be filed with the district review. The purpose of this rule is to agencies under Title VII of the Civil director establish internal procedures to Rights Act of 1964, as amended. The of internalrevenue for the Commission -district in which is located the legal implement section 8(g)(1)(B). will assume investigation authority, by executing memoranda of residence or principal place of business EFFECTIVE DATE: June 29, 1979. understanding with these agencies, as a of the person making the return. If such -FOR FURTHER INFORMATION CONTACT-' person has no legal residence or pilot program to test methods of David M. Cohen, Director, Commercial simplifying the Federal Title VII principal place of business in any Litigation Branch, Civil Division, internal revenue district, the return shall complaint process. The Commission Department of Justice, Washington, D.C. requests comment from the public and be filed with the District Director at 20530 (202-724-7154]. Baltimore, Maryland, except as provided federal agencies on this regulation and By virtue of the authority vested in me the pilot program. in paragraph (b) of this section. by 28 U.S.C. 509 and 510, and 5 U.S.C. (b) Returns of individualsoutside the 301, § 0.45 of Subpart I of Part 0 of EFFECTIVE DATE: July 11,-1979. United States. The returns on Form 730 Chapter I of Title 28, Code of Federal COMMENT DATES: Comments will be and Form 11-C of individuals (whether Regulations, is amended by revising accepted until January 31, 1979. citizens of the United States, citizens of paragraph (b) and by adding a new ADDRESS: Written comments should be possessions of the United States, or paragraph (i) to read as follows: aliens) outside the United States having addressed to Marie Wilson, Executive no legal residence orprincipal place of §0.45 General functions. Secretariat, Equal Employment business in any internal revenue district Opportunity Commission, 2401 E Street, shall be filed with the Director, (b) Court of Claims Cases-litigation N.W., Washington, D.C. 20506. International Operations Division, by and against the United States in the FOR FURTHER INFORMATION CONTACT: Internal Revenue Service, at Court of Claims, except cases assigned John Rayburn, Director Technical Washington, D.C. 20225. to the Land and Natural Resources Guidance Division, Office of Field (c) Returns filed with service centers. Division and the Tax Division by Services, Equal Emplo3hvent Notwithstanding paragraphs (a) and (b) Subparts M and N of this part, Opportunity Commission, Room 4250, of this section, whenever instructions respectively. 2401 E Street, N.W., Washington, D.C. applicable to returns filed on Form 730 20506, (202) 634-6855. or Form 11-C provide that the returns be (i) Appeals under section 8(b)(1](B) of filed with SUPPLEMENTARY INFORMATION: a service center, the returns the Contract Disputes Act of 1978-the Responsibility for enforcement of equal shall be so filed in accordance with the grant and/or legal denial of prior opportunity in federal employment was instructions. approval of the Attorney General as transferred from the Civil Service (d) Hand-carriedreturns. Returns described in-section 8(g)(1)(B) of the Commission to the Equal Employmuent which are filed by hand carrying shall Contract Disputes Act of 1978. The Opportunity Commission on January 1. be filed with the district director (or Assistant Attorney General is 1979, pursuant to Reorganization Plan with any person assigned the authorized to redelegate, to the extent No. 1 of 1978 and Executive Order 12100, administrative supervisions of an area, and subject to such limitations as may An important element of the transferred zone or local office constituting a be deemed advisable, to subordinate authority was the authority under permanent post of duty within the division officials the responsibilities Section 717 (b) and (c] of the Civil Rights internal revenue district of such covered by this subsection and Act of 1964, as amended, 42 U.S.C. director) as provided in paragraph (a) of delineated in section 8(g)(1)(B) of the § 2000e-16 (b) and (c), to issue rules, this section. See § 301.6091-1(c) of this Contract Disputes Act of 1978. regulations, orders and instructions Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations 40499

deemed necessary and appropriate to investigations in the most expeditious agencies. In addition federal agencies the enforcement of Section 717. manner. not designated as participants are urged To assure continuity of operations Central to the investigations will be to observe all aspects of the pilot following the transfer, the Equal an investigative hearing that combines programs especially the investigative Employment Opportunity Commission the best features of the investigative hearing and to accordingly submit temporarily adopted certain of the procedures used by the Commission in comments during the informal regulations of the Civil Service private sector Title VII cases, and the consultation period. This will ensure Commission at 5 CFR Part 713, moving current hearing provided upon a federal that federal agencies have an the regulations to 29 CFR Part 1613 of complainant's request. This hearing will opportunity to participate from the the Code of Federal Regulitions. (43 FR be conducted by an investigative earliest stages in actual development of 60900. December ?9, 1978.] This was hearing officer, who will take the regulations governing the federal done by the Commission with the responsibility for developing a full complaints process as envisioned by intention of exploring changes to these record. The Commission strongly 12067. regulations that would streamline and believes that this procedure best fulfills Based on its experience under this professionalize the administrative its obligation to provide an impartial interim regulation the Commission machinery for processing these investigation, while at the same time intends to issue, in early 1930. proposed complaints. protecting the interests of complainants. regulations which will supersede the This interim regulation provides, many of whom are unrepresented. interim regulation and which will through the addition of a new The Commission expects that the interested in receiving comments from subsection (c) to 29 CFR Sec. 1613.216, investigative hearing will prove more individuals and agencies participating in for the Commission to undertake the effective in protecting the rights of the or observing the pilot program. The first investigation of any part or all of an parties and will eventually replace the investigation reports on complaints agency's discrimination complaints, on a current hearing provided for in 29 CFR investigated entirely by the Conanission reimbursable basis, through the § 1613.218. A compelling reason for are expected to be sent to the agencies execution of a memorandum of considering the elimination of the in early November, 1979. Since understanding with the agency. The hearing by a complaints examiner is the comments will be accepted until Januiary authority to undertake other delay (averaging about 160 days) in 31,1979, there will be ample time to reimbursable investigations under 29 agency complaint processing that occurs receive comments from those with direct CFR Part 1613 is not affected by this when a hearing is requested. The experience under the new procedures. interim regulation. Commission chose to avoid extensive S.ned this Gth d3y ofluly. 1979. Initially, Commission investigations amendments to the regulations, will be conducted under this interim however, until the pilot program has For the Commission. regulation for six agencies. In accord yielded empirical information. Eleanor Holmes Norton. with Executive Order 12106, the Therefore, during the pilot program. Chair. Commission has consulted with the complaints may go through a two- 29 CFR 1613.216 is amended by adding affected agencies throughout-the hearing process. The Commission the following paragraph (c: development of this interim regulation. expects that any second hearings After evaluating its efficacy, the following a Conimision investigation § 1613.216 krestigation Commission contemplates expanding will be substantively condensed, the pilot investigative program to other because complaints examiners, who (c) The Commission may assume federal agencies after October 1,1979. under 29 CFR § 1613.218 avoid repetition responsibility for the investigation of This interim regulation focuses only and unnecessary duplication of any portion or all of an agency's on the investigations phase of the evidence, will be operating from a fully- complaints upon the execution of a federal discrimination complaint developed investigation record. memorandum of understanding to this process. Under the current process, the Upon completion of the investigation effect with the agency. The agency shall Commission believes that investigations of a complaint, the Commission will reimburse the Commission for all not infrequently result in records that make an investigation report to the expenses incurred in connection with are, or appear to complainants to be, in- agency. The Commission will include in the investigation. The Commission shall complete. Agencies base their proposed its investigation report a recommended forward to the agency upon completion dispositions of complaints on those disposition of the complaint. This of the investigation the investigative file records. A complainant dissatisfied with recommended disposition will and the recommended disposition. The the proposed disposition because it is automatically become the agency's agency shall adopt as its proposed based on an incomplete investigation proposed disposition of the complaint. disposition of the complaint the record is likely to exercise his or her unless within 30 days after receiving the Commission's recommended disposition right to a hearing under 29 CFR Sec. report the complaint has been formally unless within 30 days after the agency 1613.218. That hearing, in practice, is adjusted or the agency has notified the receives the investigative file and part of the investigative procedure in complainant in'writing of its own recommended disposition the complaint that it is used to complete the proposed disposition. has been informally adjusted in investigation record. Implementation of this pilot program accordance with § 1613.217(a), or the The Commission recognizes that a is by memorandum of understanding agency has notified recommended complete investigation, with an. because only selected federal agencies disposition unless within 30 days after investigation record developed from full are affected. The Commission is the agency receives the investigative file participation by the parties, is critical to designating the period of the pilot and recommended disposition the the federal discrimination complaint program as the informal consultation complaint has been informally adjusted process. The pilot-program effected by period under Executive Order 12067. in accordance with § 113.217(a), or the this interim regulation will include the During this period the Office of agency has notified the complainant of exploration of a number of techniques Interagency Coordination of EEOC will its own proposed disposition in designed to provide adequate be consulting directly with the six pilot accordance with §1613.217(b). 40500 - Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations

Authority: 42 U.S.C. § 2000e-16(b), Pub. L. 95-626, passed since The second question referred to .President's Reorganization Plan No. 1 of 1978, publication of the NPRM, changed the § 51b.304(a)(2) which requires a Executive-Order 12108. title of Section 317 from "Disease financial commitment from local [FR Doc. 79-21390 Filed 7-10-79:8:45 am] Control Programs" to "Project Grants for governments for increased support as BILUNG CODE 6570-05-M Preventive Health Services." This Federal funds are reduced or change has been incorporated in the title terminated. The question was whether and text of Part 51b as appropriate. To this would mean that a local government DEPARTMENT OF HEALTH, implement another more significant must eventually guarantee the full of the Federal grant. In answer, EDUCATION, AND WELFARE amendment made by Pub. L. 95-626, amount CDC will develop an additional subpart Federal grant funds are available to Public Health Service to this final rule. The amendment to conduct intensive activities to eliminate Section 318 requires that at least 5 environmental deficiencies which permit 42 CFR Part 51b percent of funds appropriated under rats to proliferate. Resources necessary Section 318 for venereal disease control to sustain these improvements will be Project Grants for Preventive Health programs be expendedlfor Section considerably less than the original Services 318(b) projects for the conduct of Federal grant funds required to achieve research, demonstrations, and public a rat free status. The local government is AGENCY: Center for Disease Control' expected to sustain these improvements (CDC), PHS, HEW. information and education. A regulation for this new legislative authority will be with local resources. ACTION: Final rule. developed and published as an NPRM The third question was whether a State health department, which must be SUMMARY: This final rule is applicable to with an appropriate comment period. The Interim Final Regulation consulted prior to a grant approval, grants awarded to State and local would have sufficient information either contained Subpart A-General government agencies to assist them in to challenge or verify a grant application meeting the costs of preventive health Provisions, modified to provide for the influenza immunization program, and submitted by a political subdivision or service programs. These include within the State. Subpart E-Grants for Influenza other public entity childhood immunization, urban rat Section 317(a)(2) requires such Immunization Programs. These subparts control, venereal disease control, and to assist State health were published as an interim final consultation influenza immunization programs departments in planning and carrying regulation to establish an appropriate authorized by Sections 317 and 318 of public health regulatory base for influenza out Statewide the Public Health Service Act. Certain responsibilities. for immunization grants. The subparts are nonprofit entities are also eligible The fourth question related to whether republished in this final rule. Therefore, project grants for urban rat control. grant funds could be utilized to pay the final rule for Part 51b published DATES: Effective July 11, 1979. of additional persons needed to herewith contains Subpart A- General salaries FOR FURTHER INFORMATION CONTACT: implement a rat control program. Grant Provisions, Subpart B-Grants for Associate Director, fundq may be used to support positions Windell R. Bradford, Childhood Immunization Programs, Center for necessary to conduct effective rat Bureau of State Services, Subpart C-Grants fpr Urban Rat Disease Control, Atlanta, Georgia 30333, control activities including premises Control, Subpart D-Grants for' surveys, supplemental rat Telephone (404) 329-3773 or FTS: 236- Venereal Disease Control Programs, and 3773. extermination, community education Subpart E-Grants for Influenza and motivation, code enforcement, and SUPPLEMENTARY INFORMATION: This Immunization Programs. The new neighorhood cleanup campaigns. final rule implements the revisions regulation to implement Section 318(b) pointed out that proposed in a Notice of Proposed will be published later as Subpart F. The final question Rulemakihg (NPRM) published in the premises" was not defined in the Federal Register June 23, 1978 (43 FR COMMENTS: Comments and questions regulations. A definition of "promises" 27210). It also incorporates amendments were received from only three sources in has been included in § 51b.302 of the made by Pub. L. 95-626 enacted response to the NPRM, and none were final rule. November 10, 1978. In addition, the received in regard to the Interim Final The following suggestions were subparts published as an Interim Final Regulation. The following questions on received on the urban rat control Regulation on November 14,1978 (43 FR Subpart C-Grants for Urban Rat regulation. One suggestion was that 52707), are included in this final rule Control were received. While only one funds be available for surveys, health with conforming amendments. question resulted in a change in the education, and limited rodent control Changes made by several public laws' regulation, discussion is included on activities in "borderline" housing areas were included in the NPRM and are each because of possible general which would deal with housing reflected in this final rule. Pub. L. 92-449, interest. beginning to deteriorate by investing approved September 30,.1972, The first question concerned the" relatively small amounts to cover fairly transferred venereal disease control niimber of premises which must be large geographic areas thereby from Section 317 of the PHS Act to a inspected to fulfill baseline survey preventing rodent problems from separate authority under Section 318. requirements under § 51b.303. In becoming unmanageable. In answer, due Pub. L. 94-63, approved July 29, 1975, answer, the sample survey must be a to the limited amount of Federal funds transferred authority for urban rat statistically valid survey based on the available for rat control, the focus of control grants to Section 317 and number of premises and blocks in the activities supported by Federal grant repealed Section 314(e) under which proposed target area. The methodology funds is restricted tQ areas of the these grants were previously authorized. for conducting a baseline survey is community with the most severe rat Pub. L. 94-317, approved June 23, 1976, outlined in CDC publication, "Urban Rat problems. Applicants for urban rat made minor revisiohs in Sections 317 Surveys," published in March 1974 and control funds are iequired to develop a and 318, but extended the appropriation available from the HEW Regional master plan (§ 51b.304(a)) which authorities for an additional three years Offices. provides for the preventive activities through fiscal year 1978. - Federal Register I Vol. 44. No. 134 / Wednesday. July 11, 1979 / Rules and Regulations 40591

proposed.This plan should describe PART 51b-PROJECT GRANTS FOR 51b SC6 Horw cangrant funds be usd? activities provided by the local PREVENTIVE HEALTH SERVICES Authority: Secs. 317 and 318. Publi: Healh government to prevent and resolve rat Se, cAn (42 IS.C. Z47b and 247c1. problems outside the proposed target Subpart A-General Provisions area. or "borderline" housing areas. Sec Subpart A-General Provisions The suggestion was made that limited 51b.101 To M:hich programs do these regulations apply? § 51b.101 To which programs do tiese funds and staff support could be of regulations apply? substantial value in commercial 51b.102 Deintions. 51b.103 What are the general applicaton The regulations of this part apply to districts, shopping centers and requirements? grants authorized for childhood grant downtown office areas. These 51b.104 How will grant payments b2 made immunization. irfluenza immunization. funds are not intended for rat control under a grant award? and urban rat control programs under activities on commercial property, since 5ib.105 Which other HEW regulations apply Section 317 of the Public Health Service State and local goverments should have to these grants? Act (42 U.S.C. 247b) and to grants regulations as part of the overall 51b.106 What other conditions apply to authorized for venereal disease sanitation code that require commercial these grants? prevention and contrbl under Section property owners to maintain their 51b.107 Is participation in grant programs voluntary? 318 (42 US.C. 247c). establishments in a rat free status. With respect to venereal diseases, a Subpart B-Grants for ChIldhood § 51b.102 Definitions. suggestion was made that there be no Immunization Programs As used in these regulations: prohibition on automatic data 51b2.01 To which programs does this "Act" means the Public Health processing under § 51b.407. but that this subpart apply? Service Act. as amended. service be a part of ongoing venereal 51b.202 Definitions. 51b.Z03 Who is eligible Cor a grant umder "Secretary" means the Secretary of disease control programs. This section Health. Education. and Welfare and any was left unchanged since data this subpart? 51b.204 'What information is required in the other officer or employee of the processing is one of the lundamental application? Department to whom the authority capabilities which any grantee health 51b.105 How will grant applications be involved has been delegated. department should have. However. the evaluited and the grants awarded? "State" means one of the 59 States. final rule permits support in special Sb.206 How can grant funds be used? the District of Columbia. Guam. the situations. Commonwealth of Puerto Rico. the Several changes have been made in Subpart C-Grants for Urban Rat Control Programs Northern Mariana Islands. the Virgin Subpart A--General Provisions, of the Islands, American Samoa. and the Trust final rule for clarity and accuracy. and 51b.30t To which program- doe3 this Territory of the Pacific Islands. to conform with 45 CFR Part 74- subpart apply? 51b.302 Definitions. the general Administration of Grants. as revised on § 51b.103 What are 51b. 303 Who is eligible for a grant under requirements? August 2. 1978. Section 51b.110 has been this subpart? application combined with § mb.105 to show 51b.304 'What information is required in the (a) Application forms and instructions applicabilitq of other HEW regulations. application? for their preparation and submission Sections 51b.103--Grantee 51b.305 How will grant applications bh may be obtained from the PHS Regional accountability. 51b.106--Publications evaluated and the grants awarded? Health Administrator of the Department and copyright, and 51b.107-Records 51b306 How can grant funds be used? of Health. Educ4tion. and Welfare for and reports. have been deleted since Subpart D-Grants for Venereal Disease the region in which a program is to be these subjects are adequately covered Control Programs conducted. The application shall contain a full description of the program bN Part 74. Also, general application 51b.401 To which programs does this requirements have been deleted from subpart apply? objectives, plans. and activities. each subpart and combined in § 51b.103 .51b 402 Definitions. (b) The application shall be signed by in Subpart A. 51b.403 Who is eligible for a grant under an individual authorized by the To bring this regulation into this subpart? applicant to assume the obligations compliance with the law. the Secretary 51b.404 What are the confidentiality imposed by these regulations and any has determined that an, delay in the requirements? additional conditions of the grant. 51b,405 What information is required In the (c) The application shall contain effective date is unnecessary and application? contrary to the public interest. evidence satisfactory to the Secretary 51b.406 How will grant applications be it submitted for Therefore. good cause exists to make evaluated and the grants awarded? that has been the revised regulation effective upon 51b.407 How can grant funds be used? appropriate action to the planning publication. agency designated by the Secretary Subpart E-Grants for Influenza under Title XV of the Act. Part 51b of Title 42. Code of Federal Immunization Programs Regulations. is revised as set forth sb.501 To which program does this § 51b.104 How w~it grant payments be below. subpart apply? made under a grant award? Dated: May 11.1979. 51b.502 Definitions. (a) The Secretary shall from time to 51b.503 Who is eligible for a grant under time make payments to a grantee of al Charles iller. this subpart? A cing Asszslaht Secretoiy for Heaith. or a portion of any grant award. These 51b.5o4 What information is required in the payments may be made either in Approved. June.30. 1979. appplication? advance or by way of reimbursement for Hale Champion. 5ib.505 How will grant applications be evaluated and the grants awarded? expenses incurred or to be incurred in 4ctmg Secetory 40502 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations

the performance of the program. The of the Act for programs to immunize private health care providers, other payments shall be made as the children against vaccine preventable public health care agencies, and Secretary determines necessary to diseases. voluntary organizations In the area to be promote prompt initiation and §51b.202 Definitions. served. advancement of the approved program. (f) Studies, if any, As used in this subpart: to identify and (b) The Secretary may reduce the ' develop new methods "Childhood of controlling payment under a grant by the amount of immunization program" diseases listed in § 51b.202. the means a preventive health service fair market value of any supplies (g) A budget (including vaccines and other preventive program to immunize children against' and justification for the agents) or equipment furnished a grant vaccine preventable diseases including grant funds requested, recipient, when it is furnished at the poliomyelitis, measles, mumps, rubella, (h) Other information which supports request of the recipient. The Secretary diphtheria, pertussis, and tetanus. the requests for funds. also may reduce the payment under a § 51b.203 Who is eligible for a grant under § 51b.205 How will grant applications be grant by the amount of the pay, this subpart? evaluated and the grants awarded? allowances, travel expenses, and any other costs in connection with the detail An applicant must be a State agency (a) Within the limits of funds of any officer or employee of the or an agency of a political subdivision of 'available, the Secretary may award a Government to the recipient, when the a State which has legal reesponsibility grant to assist in meeting part of the cost detail is at the request of the recipient. for disease control under the laws of a of a childhood immunization program, The amount the grant is reduced shall be State. Grants will be awarded to those available for payment by the Secretary § 51b.204 What Information is required in applicants whose projects he determines of the costs incurred in furnishing the the application? will best promote the purposes of supplies or equipment, or in detailing the The application for a grant must Section 317 of the Act. Before awarding official, and shall, for the purpose of include a description of the foll6wing: a grant to a local public entity of a State, these regulations, be deemed to have (a) The natuie and extent of the the Secretary will consult with the State been paid to the recipient. disease problem in the area. health authority. §51b.105 Which other HEW regulations (b) The need for grant support. (b) Priorities for funding will be based apply to these grants? (c) The specific objectives and on the following factors: Several other HEW regulations apply priorities of the program. (1) The relative extent of the problems to grants under this part. These include: (d) Currentimmunization programs which are caused by one or more of the and the additional or intensified vaccine preventable diseases in the area 45 CFR Part 74-Administration of Grants 45 CFR Part 80-Nondiscrimination Under activities to be carried out to meet the served by the applicant. Programs Receiving Federal Assistance objectives and priorities. The following (2) The extent to which thQ proposed program elements must be included Through the Department of Health, . and program is designed to eliminate or Education, and Welfare-Effectuation of Title described: reduce the problems. VI of the Civil Rights Act of 1964 (1) Surveillance of the vaccine (3) The extent to which the proposed 45 CFR Part 84-Nondiscrimination on the preventable diseases included in the Basis of Handicap in Federally Assisted program will increase the immunization definition of childhood immunization rates in Programs and Activities Receiving or program. population groups identified as having the lowest immunity levels. Benefitting from Federal Financial Assistance (2) Systematic identification of unimnunized or inadequately (4) The extent to which the grantee § 51b.106 What other conditions apply to will cooperate these grants? immunized population groups. with and use public and nonprofit private entities and The Secretary may impose additionaL (3) Systematic identification and delivery of services to inadequately volunteers. conditions, including conditions (5) The extent to which a strong governing the use of information or immunized population groups as they are identified, assuring that no one will commitment to the objectives of the consent forms, when they are necessary program to advance be denied services because of inability is reflected in the commitment the approved program, the of grantee resources interest of the public health, or the to pay and that the services are to the program. conservation of grant funds. provided in a manner which preserves (c) The approval of a grant application § 51b.107 Is participation In grant human dignity and maximizes or the award of funds shall not obligate acceptance. the United States to make additional, programs voluntary? (4) Techniques and procedures for supplemental, continuation, or other Nothing in these regulations shall be controlling outbreaks of disease. award to any approved progrdm. The construed to require any State or any . (5) Professional and public awareness grantee must apply separately for political subdivision of a State to have a activities, with emphasis on continuing support, preventive health service program which underimmunized populations. would require any person who objects (6) Use of public and nonprofit private § 51b.206 How can grant funds be used? to treatment to be treated under the entities ard volunteers. Grant funds awarded under this program. (7) Continuation of activities to subpart may be used to purchase maintain high immunization levels. supplies, materials, and equipment for Subpart B-Grants for Childhood (8y Coordination of activities with childhood immunization programs. Immunization Programs other related Federally assisted Grant funds also may be used to pay for programs. § 51b.201 To which programs does this salaries or wages and related expenses subpart apply? (e) The manner in which the applicant for personnel directly involved In the The regulations in this subpart apply intends to conduct and evaluate the planning, organization, promotion, project including the working to epidemiology, surveillance, and other the award of grants under Section 317 relationship of the applicant with program activifies. Federal Register / Vol. 44. No. 134 / Wednesday. July 11, 1979 / Rules and Regulations 40503

Subpart C-Grants for Urban Rat "Subtarget area" means an area of 100 (2) Provision for the implementation of Control Programs to 200 contiguous blocks where a an attack phase to reduce rat comprehensive rat control program is infestations and causative conditions to § 51b.301 To which programs does this conducted. the maintenance level within the blocks subpart apply? "Target area" means a specifically of a target area. The regulations in this subpart apply defined area containing a minimum of (3) A description of the time frame to the award of grants under Section 317 200 contiguous blocks where a .and type of activities in the preattack of the Act for the support of urban rat comprehensive rat control program is and attack phzses required to achieve control-programs. conducted. the maintenance level within the blocks § 51b.302 Definitions. "Urban rat control program" means a of a target area. No areas may be in the program designed and conducted to preattack phase beyondthe end of the As used in this subpart: second project year. "Attack phase" means that phase of reduce rat populations and conditions the program when intensive conducive to rat infestations within a (4) A description of.the activities and comprehensive rat control activities are target area. resources necessary and available to conducted within the target area to "Verification survey" is a sample preserve the maintenance level within reduce rat infestations and causative survey conducted periodically in a the blocks of a target area. conditions to a maintenance level. target area to determine if the area is (5) A plan for the expeditious "Baseline survey" means a random appropriately classified in maintenance progression of blocks through the attack sample of premises to determine the phase. and maintenance phases to locally premises prevalence rates of active xat sustained environmentally improved § 51b.303 Who is eligible for a grant under status. signs and causative conditions in a this subpart? proposed target area. The baseline (6) At the option of the applicant, the survey is conducted to satisfy a An applicant must be a State agency. establishment of a local advisory preapplication survey requirement or for or a public agency or political board(s). Each board may not consist of approval of a new target or subtarget subdivision within a State. except that more than 10 individuals. area. private nonprofit agencies, institutions. (c) An evaluation plan which must "Comprehensive inspection" means or organizations which'received grants include, as a minimum: an inspection of all premises in a target under Section 314(e) of the Public Health (1) Measurement of progress in terms or subtarget area to determine the Service Act for fiscal year 1975 continue of the number of premises where rat prevalence rates of rat signs and to be eligible. To be eligible for a grant infestations and causative conditions causative conditions. under this subpart, at least six percent are reduced. of the premises "Environmentally improved blocks" in the target area must (2) Comprehensive inspections, at means contiguous groups of-blocks (or have active rat signs documented by a baseline least twice yearly, during the attack and an entire subtarget area) where survey. maintenance phases of the program. maintenance has been achieved and § 51b.304 What Information is required in except when verification surveys are sustained for a minimum of 12 months. the application? specifically approved as an alternative Maintaining the status of theseblocks is The application must include the evaluation during the maintenance the responsibility of the local program, phase. and they may no longer be included in following: (a) A master plan that addresses (3) Periodic assessment of the the Federally supported target areas. the effectiveness of rat killing measures. "Maintenance-level block" means a total rat problem within the community and emphasizes the following: (4) Periodic assessment of program block where two percent or less of the priorities. premises have active rat signs and (1) Identifying and placing priority on target areas which have the highest rat (5) Measurement of progress in terms either:. of: (a) Fifteen percent or less of the infestation rates with emphasis on premises have exposed garbage on the impoverished areas of the community; (i) The percentage of maintenance- exterior; or and level blocks achieving environmentally (b) Thirty percent or less of the (2) Identifying a commitment for an improved status. premises have unapproved refuse increased level of financial support as (ii) The percentage of the target area storage on the exterior. Federal funds are reduced or which has reached a maintenance level "Maintenance phase" is that phase of terminated. (iii) The degree to which knowledge, the program when maintenance-level on (b) A project plan that describes in attitude, and behavior changes among a block has been achieved. This phase detail the immediate and long-range target area residents result in improved requires reduced resources and objectives of the projecL These premises sanitation. activities to preserve this level. objectives shall be stated in specific, (d) A description of the steps taken by "Preattack phase" means that phase measureable terms and relate to the the applicant to provide for the of the program when information is specific activities that will be conducted following major program elements: provided to city officials and to the in the proposed target area. The plan (1) Development and enforcement of general public through mass media and shall include: adequate ordinances and codes relating inaugural demonstrations and planning (1) Survey results and other to housing. rat control, solid waste, and are under way to initiate the attack information used to identify rat general environmental sanitation. phase. infestations and factors contributing to (2) Citizen participation. "Premises" mearis the smallest single them, such as sub-standard buildings. (3) Community information, education. identifiable parcel of land, platted or improper solid waste management. and motivation. unplatted, which may be vacant or inadequately maintained sewage (4) Interagency coordination. contain buildings or accessory systems, and the lack of concern of the (5) Employment opportunities for structures. public toward the rat problem. target area residents. 40504 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations

(6) Improvement of residential and Subpart D-Grants for Venereal (ii) Casefinding and case followup. accessory structures through routine Disease Control Programs (iii) Interstate epidemiologic referral maintenance and rat proofing. § 51b.401 To which programs does this and followup. (7) Improved refuse storage and subpart apply? (iv) Professional and public venereal premises sanitation. disease education. (8) Intensification The regulations in this subpart apply of municipal to the award of project grants under (5) At the option of the applicant, services to provide adequale collection Section 318(c) of the Act for venereal special studies or demonstrations to and disposal of garbage and other disease control programs. evaluate or test venereal disease refuse. prevention and control strategies and (9) Rat killing activities. §51b.402 Definitions. activities. (10) Self evaluation, in addition to the As used in this subpart: (6) The manner in which the applicant steps outlined in paragraph (c) of this "Venereal disease" means gonorrhea, intends to conduct and evaluate the section. syphilis, or any other disease which can project, including a system for analysis be sexually transmitted and which the of morbidity data so that control § 51b.305 How will grant applications be Secretary determines is or may be activities can be efficiently evaluated evaluated and the grants awarded? amenable to control with assistance and targeted. " (a) Within the limits of funds provided under this authority and which (7) The present venereal disease available, the Secretary may award a is of national significance. control program and the environment In grant to assist in meeting part of the cost "Venereal disease control piogram" which the proposed program will of rat control programs. Grants will be means a program designed primarily to function, including: carry out activities or to provide awarded to those applicants whose (i) The working relationship of the programs the Secretary determines will services to systematically detect and prevent venereal diseases as compared applicant to private health providers, best promote.the purpose of Section 317 public health care agencies, and of the Act. Before awarding a grant to those activities or services which are to a designed primarily for the purpose of voluntary organizations in the area to be public entity within a State, the served. Secretary will diagnosing or treating venereal disease consult with the State patients or suspects. (ii) Actions which will be taken to health authority. Priorities for funding develop, promote, and enforce will be based on the following factors: § 51b.403 Who is eligible for a grant under appropriate laws and regulations (1) The magnitude of the rat problem this subpart? facilitating venereal disease control. and other causative conditions. An applicant must be a State agency (iii) A description of the diagnostic (2) The degree to which the proposed or an agency of a political subdivision of and treatment services that will be program satisfactorily provides for the a State which has legal responsibility for provided. elements set forth in § 51b.304. disease control under the laws of a State. (8) A budget and justification for the (3) The population density of the grant funds requested. target community to be served. § 51b.404 What are the confidentiality (9) Assurances that no one will be (4) Premises and dwelling unit density requirements? denied services, because of inability to per block to be served. All information obtained by program pay, and that the services are provided (5) The project's potential for personnel related to the examination, in a manner which preserves human continued support of rat control services care, and treatment of a participant in dignity and maximizes acceptance. as Federal resources are reduced or this program shall be held confidential. (10) Other information which supports terminated. It shall not be divulged without the the request for funds. (b) The approval of a gfant individual's consent except as may be (b) When efforts are made to collect application or the award of funds shall required by the law of a State or payment for services supported In whole political not obligate the United States to subdivision of a State or as or in part from a third party, a rate make may be necessary additional, supplemental, continuation, to provide services to schedule for third party charges must be the individual: Information may be submitted with the application and or other award to any approved project. disclosed The in summary, statistical, or approved as part of the program plan. grantee must apply separately for other form, or for clinical or reseach continuing support. Under no circumstances may a billing purposes, but only if the disclosure does arrangement be not identify made which jeopardizes § 51b.306 How can grant funds be used? particular individuals. the confidentiality of patient records, Grant funds awarded under this § 51b.405 What information is required In § 51b.406 How will grant applications be the application? subpart must be used in the performance evaluated and the grants awarded? of the (a) The application must include . (a) programs approved under Sectibn a Within the limits of 317 of the Act, including- description of the following: funds available, the Secretary (a) Developmental activities. (1) The nature and extent of the may award a grant to assist in meeting the cost of a (b) Administrative staff. venereal disease problem in the area. (2) The need for grant venereal disease control program. (c) Training support. to meet management (3) The Grants will be awarded to those needs of the program. immediate and long-range objectives of the project in specific and applicants whose programs the (d) Reimbursement to members of measurable terms. Secretary determines will best promote advisory boards for actual expenses (4) The activities to be carried out to the purposes of Section 318 of the Act, incurred while performing their duties as meet the objectives. Before awarding a grant to a political board members to the extent that subdivision of a State the Secretary will meetings of the board are held no more The following program elements must be consult with the State health authority. often than quarterly. included and described: Priorities for funding will be based on (i) Venereal disease surveillance. the following factors: Federal Register I Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations 405DS

(1) The relative extent of the venereal § 51b.502 Definitions. (e) Assurance that n- one will be disease problem in the area served by As used in this subpart: denied services because of inability to the applicant. "High-risk groups" means those pay and that the services are provided (2) The design of the venereal disease groups of persons at highest risk of in a manner which preserves human prevention and control program. serious illness or death due to influenza dignity and maximizes acceptance. (3) The general quality of the and its complications, as specified in § 51b.505 How will grant applications be applicant's plan of operation and -grant guidelines. evaluated and the grants awarded? objectives in accordance with the § 51b.503 Who Is eligible for a grant under (a] Within the limits of funds requirements in this regulation and the this subpart? available, the Secretary may award extent to which the project renders An applicant must be a State agency grants to assist in meeting part of the services to groups having the highest or an agency of a political subdivision of cost of an influenza immunization incidence of venereal disease. a State which has legal responsibility for program. Before awarding a grant to a (4) The capacity of the applicant to disease control under the laws of a political subdivision of a State, the make effective use of Federal funds. State. Secretary will consult vith the State (5)The commitment of the applicant health authority. to the control of venereal disease as § 51b.504 What information Is required In (b) Priorities for funding will be based reflected in the commitment of applicant the application? on the extent to which: resources to the program. The application for a grant must (1) The proposed activities are likely (b) The approval of a grant include a description of the following: to result in a balanced program of application or the award of funds shall (a] Background and need for grant vaccine delivery, detection and not obligate the United States to make support including: reporting of influenza outbreaks, additional, supplemental, continuation, (1) An overview of the public, private, monitoring of vaccine reactions, and or other award to any approved project. and voluntary health care delivery information dissemination to health care The grantee must apply separately for systems in the project area which are or providers and high-risk individuals. continuing support. will be available to conduct the (2) The plan of operation is likely to program. supplement rather than replace § 51b.407 How can grant funds be used? (2) The extent of current influenza vaccinations given in the public or Grant funds awarded under this immunization services provided in the private sector. public and private sectors with specific subpart may be used only for programs (3) Project objectives are specific. approved under section 318(c) of the information concerning the purchase. distribution, use of vaccine, and the measurable, realistic, and related to the Act. Unless specifically approved for national program goals. that purpose, grant funds shall not be populations served. used for performing diagnostic tests (3) Estimates of the number of persons (4) Budget requests and the proposed in the high-risk groups. use of grant funds are appropriate and (other than gonorrhea screening tests], reasonable for a balanced program- maintaining central registries, providing (b) Long-term and short-term diagnostic and treatment facilities and objectives which are specific. (5) There are plans for the services, or automatic data processing. measurable, and realistic, and which coordination of activities with related To obtain special approval, the grantee relate to the National Program Goals, as programs and the effective use of specified in grant guidelines. volunteer groups and other community shall justify the exception to the resources. satisfaction of the Secretary that funds (c) A detailed description of the for this purpose are necessary for the method for carrying out the following (6) The described methods of proper conduct of the program and are program activities: evaluation are likely to be effective in otherwise unavailable. Exceptions will (1) Delivery of influenza vaccinations measuring the achievement of program be limited to (a] special studies or to high-risk populations, through objectives. demonstrations, (b) the support of cooperative efforts with public health (c] The approval of a grant application developmental or start-up activity, or (c) and private health care providers and or the award of funds shall not obligate the support of-an essential service voluntary organizations serving high- the United States to make supplemental. which will result in a saving to a risk groups. continuation, or other award to a detection or prevention activity (2) Detecting and reporting outbreaks grantee. The grantee must apply supported by the grant. Unless of influenza, including laboratory and separately for continuing support. epidemiologic surveillance. otherwise approved, exceptions based § 51b.506 How can grant funds be used? on paragraphs (b) and (c) of this section (3) Monitoring illnesses or injuries are only allowed during one funding which occur subsequent to vaccination. (a) Grant funds may be used for costs period. The grantee must assure support (4) Dissemination of influenza of planning and establishing influenza of these activities in subsequent funding information to health care providers and immunization delivery services, for the periods. high-risk individuals to create purchase of influenza vaccine, and for awareness of the need for vaccination the implementation of other approved Subpart E-Grants for Influenza and to encourage active participation in program activities. Immunization Programs the program. (b) Vaccine purchased with grant § 51b.501 To which programs-does this (5) Assuring accountability for all funds may be provided to private vaccines stored, distributed, and practitioners who agree not to charge for subpart apply? administered. the vaccine, although a charge for The regulations in this subpart apply (6) Other activities which will vaccine administration may be to the award of grants under Section 317 promote the achievement of program permitted. of the Act for programs to immunize objectives. IFR D:: 3-Z1Eir-- 7n a- t persons in high-risk groups against (d) A budget and justification for grant BILUHG CODE 41i0.-u influenza. funds requested. 40506 Federal Register / Vol. 44, No. 134 1 Wednesday, July 11, 1979 1 Rules and Regulations

Health Care Financing Administration the prior rule, we believe that action to locations in the Village of Coal Valley, correct the draftmanship error in Rock Island County, Illinois. 42 CFR Part 405 § 405.452(c)(4) is appropriate. These base (100-year) flood elevations The correction is consistent with our are the basis for the flood plain Medicare Program; Elimination of the stated intentions in amending the prior management measures that the Combination Method of rules and will continue to limit the community is required to either adopt or Apportionment and Modified Cost application of the new rule to hospitals, show evidence of being already In effect Finding for Providers; Correction hospital complexes, and skilled nursing in order to qualify or remain qualified AGENCY: Health Care Financing facilities. for participation in the National Flood - Administration, HEW. Accordingly, in FR Doc. 79-2046 Insurance Program (NFIP). appearing at page 3984 in the Federal ACTION: Correction to final rule. EFFECTIVE DATE: The date of Issuance of Register of Friday, January 19,1979, the Flood Insurance Rate Map (FIRM), SUMMARY: The purpose of this noticeis paragraph (c)(4) of § 405.452 appearing showing base (100-year) flood to correct a draftmanship error in on page 3986 is corrected to read as elevations, for the Village of Coal amendments eliminating the use of the follows: Valley, Rock Island County, Illinois. Combination Method of apportionment § 405.452 Determination of cost of ADDRESSES: Maps and other Information and modified cost finding and' services to beneficiaries. showing the detailed outlines of the mandating the use of the Departmental * * * * * flood prone areas and the final Method of apportionment to determine elevations for the Village of Coal Valley allowable costs for health care services (c) Availability of apportionment methods for cost reportingperods are available for review at the Village provided to Medicare beneficiaries. Hall, P.O. Box 105, Coal Valley, Illinois. These amendments were published as a startingafter December 31, 1971. * * * final rule at 44 FR 3984 on January 19, (4) New providers.All hospitals, FOR FURTHER INFORMATION CONTACT: 1979. hospital complexes, and skilled nursing Mr. Richard Krimm, National Flood facilities entering the program on or Insurance Program, (202) 755-5581 or correction EFFECTIVE DATE: This is after January 1, 1979, must use the Toll Free Line (800) 424-8872, Room effective July 11, 1979. Departmental Method of apportionment 5270, 451 Seventh Street, SW., FOR FURTHER INFORMATION CONTACT: starting with their first cost reporting Washington, D.C. 20410. Mr. Hugh McConville, Medicare Bureau, period. SUPPLEMENTARY INFORMATION: The Room 412, East Building, 6401 Security' * * * * * Federal Insurance Administrator gives Boulevard, Woodlawn, Maryland 21235, (Secs. 1102,1814(b), 1815,1833(a), 1861(v) and (301) 594-9682. notice of the final determinations of telephone: 1871 of the Social Security Act (42 U.S.C. flood elevations for the Village of Coal SUPPLEMENTARY INFORMATION: The 1302,1395f(b), 1395g, 13951(a), 1395x(v) and Valley, Rock Island County, Illinois. 1395hhJ) amendments eliminating the use of the This final rule is issued in accordance Combination Method of apportionment (Catalog of Federal Domestic Assistance Program No. 13.773 Medicare-Hospital with section 110 of the Flood Disaster and mandating the use of the Protection Act of 1973 (Pub. L. 93-234), Departmental Method of apportionment Insurance; No. 13.774 Medicare- as proposed rules on Supplementary Medical Insurance) 87 Stat. 980, which added section 1303 to were published the National Flood Insurance Act'of November 26,1976 (41 FR 52067); and as Dated: May 16, 1979. Leonard D. Schaeffer, 1968 (Title XIII of the Housing and final rules on January 1b, 1979 (44 FR Urban Development Act of 1968 (Pub. L. 3984). The preamble statements Administrator,Health CareFinancing Administration. 90-448), 42 U.S.C. 4001-4128, and 44 CFR describing the contents of these Part 67.4(a)). An opportunity for the documents clearly do not indicate an Approved: June 29,1979. community or individuals to appeal this intention to amend the prior rules to L. David Taylor, determination to or through the include all classes of "provider" DeputyAssistantSecretary forManagement community for a period of ninety (90) organizations within the application of Analysis and Systems. days has been provided. No appeals of indicates, the new rules. Our review [FR Doc. 79-21381 Filed 7-10-79; 8:45 am) the proposed base flood elevations were however, that a literal reading of the BILUING CODE 4110-35-M new rules could lead to an improper received from the community or from interpretation. -- individuals within the community. Prior to the publication of the FEDERAL EMERGENCY The Administrator has developed amendments on January 19, 1979, it was criteria for flood plain management In clear that the rules governing the use of MANAGEMENT AGENCY flood-prone areas in accordance with 44 CFR Part 60. the Combination and Departmental 44 CFR Part 67 Methods of apportionment were - The final base (100-year) flood applicable only to hospitals, hospital [Docket No. FI-5095] elevations for selected locations are: complexes, and skilled nursing facilities. However, by our use of the words "All Final Flood Elevation Determination Elovatlon InfooL. providers" in the new rule appearing in 'for the Village of Coal Valley, Rock Source of flooding Location nalonal § 405.452(c)(4), which for Medicare Island County, Ill.; Under the National goodoUo program purposes would include other Flood Insurance Program Vertical datum as classes of "provider" organizations Rock Rrvr_ _ 1.4 nrles downstream of , 672 well as hospitals, hospital complexes, AGENCY: Office of Federal Insurance and contfuonce with Shallot and skilled nursing facilities, we Hazard Mitigation, FEMA. Creek, Confluence of Shatter Crook, 873 inadvertently raise a question ACTION:Final rule. Coal Crok.. Downstream corporate tints. 024 concerning the proper application of the Upstream Wideof 1st Street 627 Upstream corporato lntt .. 631 new rule. Since we did not intend any SUMMARY: Final base (100-year) flood Coal Creek Tr,,taiyr.. 188 feet downstream of U.S. 020 change from the limited application of elevations are listed below for selected Hlghway 150. Federal Register I Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations 40507

In19Kr SUPPLEMENTARY INFORMATIOW. The ACTIN: Final rule. Source of fioocing Location national Federal Insurance Administrator gives notice of the final determinations of SUMMARY Final base (100-year) flood vertical dat n flood elevations for the Village of elevations are listed below for selected 325 feet upstrem of US. 629 Bellwood, Cook County. Illinois. locations in the City of East Peoria, ighway 15D. This final rule is issued in accordance Tazewell County. Illinois. 1.450 feet upstream of US. - 636 ighway 15D0 with section 110 of the Flood Disaster These base (100-year) flood elevations Shaffer Crea... Upstream side of U.S. 573 Protection Act of 1973(Pub. L 93-234]. are the basis for the flood plain Highway 6. management measures that 430 feet upstream of U.S. 574 87 StaL 980. which added section 1363 to the .ghway . the National Flood Insurance Act of community is required to either adopt or 1968 (Title XIII of the Housing and show evidence of being already in effect (National Flood Insurance Act of 1968 (Title Urban Development Act of 1968 (Pub. L in order to qualify or remain qualified X1II of Housing and Urban Development Act 90-448). 42 U.S.C. 4001-4= and 44 CFR for participation in the National Flood of 198]. effective January 2. 1969 33 FR Part 87.4(a)). An opportunity for the Insurance Program (NFIP). 17804. November 28,1978), as amended; 42 community or individuals to appeal this EFFEcTIvE DATE: The date of issuance of U.S.C. 4001-4128; Executive Order 227.44 determination to or through the FR 1937, and delegation of authority to the Flood Insurance Rate Map (FIRM], Federal Insurance Administrator 44 FR community for a period of ninety (90) showing base (100-year) flood 20963). days has been provided. No appeals of elevations, for the City of East Peoria. Issued: June 7,1979. the proposedbase flood elevations were Tazewell County. Illinois. received from the community Gloria M.Junenez, or from ADDRSSES: Maps and other information individuals within the community. FederalInsurance Administrator. showing the detailed outlines of the The Administrator has developed flood prone areas and the final [FR Doc. 74-2o9 Fiked7-10o-7; &45 a=] criteria for flood plain management in BILLING CODE 4210-23-M elevations for the City of East Peoria are flood-prone areas in accordance with 44 available for review at the City Clerk's CFR Part 60. Office. East Peoria, Illinois. 44 CFR Part 67 The final base (100-year) flood elevations for selected locations are: FOR FURTHER NFORMATION CONTACT. Mr. Richard Krimm, National Flood [Docket No. FI-5094] f6i Insurance Program, (202) 755-5531 or Toll Free Line (800] 424--8872, Room Final Flood Elevation Determination S=W Ofgfon .1o.cl rX;-c W for the Village of Bellwood, Cook 570, 451 Seventh Street SWV., County, IlL, Under the National Flood %wicidabkeu Washington. D.C. 20410. SUPPLEMENTARY *NFORMnA ON: The Insurance Program Ad&sao Oek- At E=s-owerE~re-ssvar 627 €mn k L Federal Insurance Administrator gives AGENCY: Office of Federal Insurance and JugSftV~mcot. cimrstr~n of Jc~acaekr 62 notice of the final determinations of Hazard itigation, FEMA. .~jt~itemof fte 62 flood elevations for the City of East ACTioL Final rule. Chicago "i K£1heaai Peoria, Tazewell County, Illinois. R32rva1 a&pX0n~kA!Le2W0 beot &WkeeMof fmhaon This final rule is issued in accordance SUMMARY: Final base (100-year) flood slret with section 110 of the Flood Disaster elevations are listed below for selected 90 feet &ownerewn 01 St M3 Protection Act of 1973 (Pub. L.93-234], Chvies Rold. locations in the Village of Bellwood. 200 " upk of St. W2 87 Stat. 980, which added section 1363 to Cook County, Illinois. Oialies Rood. the National Flood Insurance Act of These base (100-year] flood elevations 1968 (Title XIII of the Housing and Urban are the basis for the flood plain (National Flood Insurance Act of18 (Titie Development Act of 1968 (Pub. L management measures that the XIII of Housing and Urban Development Act 9G-448). 42 U.S.C. 4001-4128, and 44 CFR community is required to either adopt or of 2968). effective January 28. 19 (33 FR Part 674(a)). An opportunity for the show evidence of being already in effect 17804. November 28.1978). as amended: 42 community or individuals to appeal this in order to qualify or remain qualified U.S.C. 4001-4128 Executive order 1227. 44 determination to or through the for participation in the National Flood FR I367; and delegation of authority to community fora period of ninety (90) Insurance Program (NFIP). Federal Insurance Administrator 44 FR days has been provided. No appeals of 20963.) the proposed EFFECTIVE DATE: The date of issuance of base flood elevations were the Flood Insurance Issued: June 1 1979. received from the community or from Rate Map (FIRM). individuals within the community. showing base [100-year) flood Gloria M. iunenez, elevations, for the village of Bellwood, FederallbsuranceA dmisLrvor. The Administrator has developed Cook County, Illinois. [FR 13=. 79-W179old T-10-9 &0 a=J criteria for flood plain management in BILNG CODE 42 5--3-M flood-prone areas in accordance with 44 ADDRESSES: Maps and other information CFR Part 60. showing the detailed outlines of the The final base (100-year) flood flood prone areas and the final 44 CFR Part 67 elevations for selected locations are: elevations for the Village of Bellwood are available for review at the Village [Docket No. F--49951 Hall, Bellwood, Illinois. In feet Final Flood S==3 cl fc~r IEccann FOR FURTHER INFORMATION CONTACT. Elevation Determination rade.xv Mr. Richard Krimm, National Flood for the City of East Peoria, Tazewell Insurance Program, (202) 755-5581 or County, Ill., Under the National Flood Toll Free Line (800) 424-8872, Room Insurance Program KZ-oer-...... At westernm cr.ate r.it 4_5 .hat uwsrawn cfTcedo 40 5270,451 Seventh Street SW., AGENCY. Office of Federal Insurance Pecea and Wes:arn Washington. D.C. 20410. and Hazard Mitigation. FEMiA, At r~mbem corp-at Lkhmts 460 40508 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations

Elevation In feet. 44 CFR Part 67 The final base (100-year) flood Source of flooding Location national elevations for selected locations are: geodetic [Docket No. FI-5096] vertical datum Elevation Final Flood Elevation Determination In feel, Farm Creek -- Confluence with Illinois River. Source of flooding Location national Upstream of Peoria and for the Village of Indian Head Park, geodetia Perkin Union Railroad. Cook County, Ill., Under the National vertical datum 580 feet upstream of State Route 116. Flood Insurance Program Upstream side of Interstate Flagg Creek.. Southern corporate tirnits ..... 032 74. AGENCY: Office of Federal Insurance and About 200 feet upstream of 034 400 feet upstream from East Hazard Miiigation, FEMA. 70th Place. Washington About 200 feet upstream of 037 Street Interstate 294. 400 feet upstream from U.S. ACTION: Final rule. Route 150. Confluence with Dempsey SUMMARY: Final base (100-year) flood (National Flood Insurance Act of 1908 (Title Creek. At eastern corporate lmits. elevations are listed below for selected XIII of Housing and Urban Development Act At western corporate limits locations in the Village of Indian Head of 1968), effective January 28, 1969 (33 FR (3.90 miles upstream from Park, Cook County, Illinois. 17804, November 28, 1978), as amended: 42 confluence with Illinois U.S.C. 4001-4128; Executive Order 12127,44 River). These base (100-year) flood elevations FR 19367; and delegation of authority to At upstream corporate limits are the basis for the flood plain (4.08 niles upstream from Federal Insurance Administrator 44 FR confluence with Illinois management measures that the 20903.) River). community is-required to either adopt or Issued: June 1, 1979. At confluence show Farm Creek Diversion with Illinois evidence of being already in effect Gloria M. Jimenez, Channel. River. in order to qualify or remain qualified At confluence with Farm FederalInsurance Administrator. Creek. for participation in the National Flood [FR Doec.79-21000 Filed 7-10-Mt8:45 am] Dempsey Creek.. At confluence with Farm Insurance Program (NFIP). Creek BILLING CODE 4210-23-M EFFECTIVE DATE: The date of issuance of Upstream sde of U.S. Route 150. the Flood Insurance Rate Map (FIRM), 180 feet downstream from showing base (100-year) flood 44 CFR Part 67 U.S. Route 150. elevations, for the Village 140 feet upstream from U.S. of Indian Route 150. Head Park, Cook County, Illinois. [Docket No. FI-7157] Upstream side of Hilt Road.- ADDRESSES: Maps and other information Upstream side of U.S. Route Final Flood 150. showing the detailed outlines of the Elevation Determination Corporate limits (1.725 miles flood prone areas and the final for the City of Mendota, La Salle upsteam from confluence County, Ill., Under the National Flood with Farm Creek). elevations for the Village of Indian Head Corporate limits (2.165 miles Park are available for review'at the Insurance Program upstream from confluence Village Hall, Indian Head Park, Illinois. with Farm Creek). AGENCY: Office of Federal Insurance and Downstream side of U.S. FOR FURTHER INFORMATION CONTACT. Hazard Mitigation, FEMA. Route 150 (2.67 miles Mr. Richard Krimm, National Flood upstream from mouth). ACTION: Final rule. Upstream of corporate limits Insurance Program, (202) 755-5581 or. (2.79 miles upstream from Toll Free Line (800) 424-8872, Room mouth). SUMMARY: Final base'(i00-year) flood 5270, 451 Seventh Street SW., Fondulac Creek.. At Illinois Route elevations are listed below for selected 8- - Washington, 120 feet upstream from D.C. 20410. locations in the City of Mendota, La Oakwood Road. SUPPLEMENTARY INFORMATION: Upstream side of The Salle County, Illinois. Government Access Road. Federal Insurance Administrator gives These base (100-year) flood elevations notice of School Creek -. Upstream side of Farm 521 the final determinations of are the basis for the flood plain Road at southern flood elevations for the Village of Indian management measures that the corporate limits. Head Park, Cook County, Illinois. At eastern corporate limits. 533 community is required to either adopt or This final rule is issued in accordance show evidence of being already In effect with section 110 of the Flood Disaster in order to qualify (National Flood Insurance Act of 1968 (Title or remain qualified Protection Act of 1973 (Pub. L. 93-234), for participation in the XIII of Housing and Urban Development Act National Flood 87 Stat. 980, which added bection 1363 to Insurance Program (NFIP). of 1968), effective January 28, 1969 (33 FR the National Flood Insurance Act of EFFECTIVE DATE: 17804, November 28, 1978), as amended; 42 1968 (Title XIII of the Housing and The date of issuance of U.S.C. the Flood 4001-4128; Executive Order 12127,44 Urban Development Act of 1968 (Pub. L. Insurance Rate Map (FIkM), FR 19367; and delegation showing base of authority to 90-448), 42 U.S.C. 4001-4128, and 44 CFR (100-year) flood Federal Insurance Administrator elevations, 44 FR Part 67.4(a)). An opportunity for the for the City of Mendota, La 20963.) Salle County, Illinois. community or individuals to appeal this Issued: June 1, 1979. determination to or through the ADDRESSES: Maps and other information community for a period of showing the detailed Gloria M. Jimenez, ninety (90) outlines of the days has been provided. No appeals of flood prone areas and the final Federal InsuranceAdministrator. the proposed base flood elevations were elevations for the City of Mendota are received from the community or available for review at the City [FR Dec. 79-20999 Filed 7-10-79; &-454 am] from Hall, 607 individuals within the community. 8th Street, Mendota, Illinois. BILLING CODE 4210-23-M The Administrator has developed FOR FURTHER INFORMATION CONTACT: criteria for flood plain management in Mr. Richard Krimm, National Flood flood-prone areas in accordance with 44 Insurance Program, (202) 755-5581 or CFR Part 00. Toll Free Line (800) 424-8872, Room Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations 40509 v I

5270,451 Seventh Street SW., FOR FURTHER INFORMATION COfACr. Washington. D.C. 20410. Mr. Richard Krimm. National Flood Insurance Program. (202] 755--5581 or SUPPLEMENTARY INFORMATION: The 424-8872. Room Federal Insurance Administrator gives Toll Free Line (800) 5270,451 Seventh Street SW., notice of the final determinations of 2"53fee upstr-i 2--2,feet . t om 11ie 73 flood elevations for the City of Mendota. fro.-n10th Svact o'i Sreti Eah Washington. D.C. 20410- La Salle County, Illinois. FPzetCrok .!t :-t'oi:io!US-. R:,u. 732 SUPPLEMENTARY INFORMATiON: Th- Federal Insurance Administrator gives This final rule is issued in accordance Mfe rpsver1-- .'.t fr ofL-r----se of F f.xrnl IS eIo'3 73741 with section 110 of the Flood Disaster notice of the final determinations of for the City of Oak Protection Act of 1973 (Pub. L. 93-234), Fzt G:77t..-vV211tCi eS-:t 73 flood elevations 87 Stat. 980, which added section 1363 to Forest. Cook County, Illinois. W-, n-- c ?.-I- M r, 7-53 the National Flood Insurance Act of fro 1 .I uhS.aett anr" 747 This final rule Is Issued in accordance 1968 (Title XIII of the Housing and Lj Ave ..jo. vwith section 110 of the Flood Disaster Urban Development Act of 1968 (Pub. L Protection Act of 1973 (Pub. L. 93-234. 90-448, 42 U.S.C. 4001-41M8 and 44 CER 87 Stat. 980. which added section 1363 to ,Part 67.4(a)). An opportunity. for the (National Flood Insurance Act of 1808 (Title the National Flood Insurance Act of community or individuals to appeal this M of Housing and Urban Development Act 1968 (Title XM of the Housing and determination to or-through the of 1968). effective January 28, 1859 (33 FR Urban Development Act of 1968 (Pub. L. community for a period of ninety (90) 17804. November 28,1976, as amended: 42 90-448, 42 U.S.C. 4001-4128. and 44 CFR days has been provided. No appeals of US.C. 400-14123; Executive Order 212, 44 Part 67.4(a)). An opportunity for the the proposed base flood elevations were FR 9367: and'delegation of authority to community or individuals to appeal this received from the community or from Federal Insurance Administrator 44 FR determination to or through the individuals within the community. 20963.) community for a period of ninety [90) The Administrator has developed Issued: June 1.1979. days has been provided. No appeals of criteria for flood plain management in Gloria M. Jimenez, the proposed base flood elevations were flood-prone areas in accordance with 44 Federl nsuranceAdminit rotor. received from the community or from CFR Part 60. [FXR a. 79-noo001-7UCJ r-io-r.0 O3=14 individuals within the community. The final base (100-year) flood MLUNG CODE UID-23-M The Administrator has developed elevations for selected locations are: criteria for flood plain management in flood-prone areas in accordance with 44 Elevation 44 CFR Part 67 CFR Part 60. inteet. The final base (100-year) flood sotzce of floadirg Location nahmoa' geodere [Docket No. FI-4996] elevations for selected locations are: Final Flood Elevation Determination for the City of Oak Forest, Cook Meedo Gsreek-mn corporate s 727 nfee sd ksft.of 1st 731 County, Ill., Under the National Flood SW=s of Uooirg cLaagn Avenue. 450 feet tu&eam from 734 Insurance Program Bufioton oe PRafted. AGENCY: Office of Federal Insurance and 50 feet Lpstrearl forn 3rd 736 I?.,Caiek... Dvorm coM oa.. - Hazard Mitigation. FMIA. m wmery Avw&e..-... 580 feet psteam from 4th 737 ACTION: Final rule. Street Skeet 125 feet upstream from 5th 738 AL163rd Skeet- Street. sumMY: Final base (100-year) flood rlryaosk Am.hV uek of ckwo 400 feet upsream from 742 elevations are listed below for selected Avenue. WasfgtDn Skeet Just upsk"M of Lap"l 150 feet ups"" *om 744 locations in the City of Oak Forest. Cook MonrooeSkeet County, Illinois. .Lm upaiewon of Lamm 100 feet uprearn from 748 Avenue. CtcaoSeet These base [100-year) flood elevations Jus Upstea of IsSft 100 feet donsteam from 749 are the basis for the flood plain Uerkficn Skeet management neasures that the At upsskewm Corporate rkl--'ts. Just upst-ear of Route 51. 757 BE ra D i... Just Upoften Of 1471h 52 (1th Avenue). community is required to either adopt or 380 feet 4ipskeam from 758 show evidence of being already in effect- A;3 upeatrmOf Istat Leood Sbeet 130 leet doanstream from 770 in order to qualify or remain qualified ". tm cAhweofew upstrem coroate is. for participation in the National Flood Firt Creek -...... Oow n corporate Efmts. 719 4Jlt3 dowrztr5O of Vkt.ra 75 feet pseam from 1st 725 Insurance Program (NFIP). Avenue. EFFECTIVE DATE: The date of issuance of Wtve4nTnhiary t Mme, t W.dottfen DueL. Just upLvaan of 10th Street. 727 VSzian Creek. PMat uoit of Ojca~p 250 feel qpeteam frm I1t 730 the Flood Insurance Rate Map (FIRM), RO& btaod and Pa=5= Steet showing base (100-year) flood s0 feet upstrBen from US. 733 -aod Route 34 WesL elevations, for the City of Oak Forest. JustupsVea of BrLton 737 Cook County, Illinois. Northern Rakod. (National Flood Insurance Act of 1968 fTitle 100 feet upstream fron 733 ADDRESSES: Maps and other information I of Housing and Urban DeveLopment Act SfroUe Avere. showing the detailed outlines of the Upseae end of Gules 746 of 19%8, effective January 28,1969 (33 FR Avenue cu ,e flood prone areas and the final 17604. November28, 1978). as amended4z 300 feet uWpam from 16th 748 elevations for the City of Oak Forest are U.S.C. 4001-412-; Executive Order 12127, 44 Skeet. available for review at the City Hall, 2000feet upsream from 758 FR 19367; and delegation of authority to 161h ,Sreet 15601 South Cicero Avenue, Oak Forest. Federal Insurance Administator44 FR Upstream corporate lofts. 76S Illinois. 206.) 40510 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations

Issued: June 1, 1979. the proposed base flood elevations were ADDRESSES: Maps and other information Gloria M. Jimenez, received from the community or from showing the detailed outlines of the FederalInsurance Administrator. individuals within the community. flood-prone areas and the final [FR Dec. 79-21002 Filed 7-1-79; 8:45 am] The Administrator has developed elevations for the City of Rockford, BILLING CODE 4210-23-M criteria for 'fl6od plain management in Winnebago County, Illinois, are flood-prone areas in acicordance with 44 available for review at the City Hall, CFR Part 67. Rockford, Illinois. 44 CFR Part 67 The final base (100:year] flood FOR FURTHER INFORMATION CONTACT: elevations for selected locations are: [Docket No. FI-4974] Mr. Richard Krimm, National Flood Elevation Insurance Program, (202) 755-5581 or Final Flood Elevation Determination In feet Toll Free Line (800) 424-8872, Room Source of flood ng Location national for the City of Pontiac, Livingston geodetic 5270, 451 Seventh Street, SW, County, Ill., Under the National Flood vertical datum Washington, D.C. 20410. Insurance Program SUPPLEMENTARY INFORMATION: The Vermilion River-.-- Pontiac Corporate limits - 642 Norfolk and Western Railway 642 Federal Insurance Administrator gives AGENCY: Office of Federal Insurance and Footbridge along Riverview 641 notice of the final determinations of Hazard Mitigation, FEMA. Drive. Darn near Mill Street- 640 flood elevations for the City of Rockford, ACTION: Final rule. Vermilion Street .- 640 Winnebago County, Illinois, Illinois Central Gulf Railroad 639 SUMMARY: Final base (100-year) flood LIaddStreet..... 638 This final rule'is Issued in accordance elevations Dam near Ladd Street - 638 with section 110 of the Flood Disaster are listed below for selected U.S. Route 66 - 638 locations in the City of Pontiac, Pontiac Corporate Urnits _. 638 Protection Act of 1973 (Pub. L. 93-234), Livingston County, Illinois. Illinois Central Gulf Railroad. 635 87 Stat. 980, which added section 1303 to Pontiac Corporate Umrits. 634 These base (100-year) flood elevations 1 the National Flood Insurance Act of are the basis for the flood plain 1968 (Title XIII of the Housing and (National Flood Insurance Act of 1968 (Title Urban Development management measures that the XIII of Housing and Urban Development Act Act of 1968 (Pub. L. community is required to either adopt or of 1968), effective January 28,1969 (33 FR 90-448], 42 U.S.C. 4001-4128, and 44 CFR show evidence of being already in effect 17804, November 28,1968), as amended; 42 Part 67.4(a)) An opportunity for the in order to qualify or remain qualified U.S.C. 4001-4128; Executive Order 12127,44 community or individuals to appeal this for participation in the national flood FR 19367; and delegation of authority to determination to or through the insurance program (NFIP). Federal Insurance Administrator, 44 FR community for a period of ninety (90) EFFECTIVE DATE: The date of issuance of 20963.) days has been provided. No appeals of the Flood Insurance Rate Map (FIRM), Issued: June 1,1979. the proposed base flood elevations were showing base (100-year) flood Gloria M. Jimenez, received from the community or from elevations, for the City of Pontiac, FederalInsurance Administrator. individuals within the community, Livingston County, Illinois. [FR Doc. 79-n10 Filed 7-10-79; 8:45 am] The Administrator has developed ADDRESSES: Maps and other information BILLING CODE 4210-23-M criteria for flood plain management In showing the detailed outlines of the flood-prone areas in accordance with 44 CFR Part 60. flood-prone areas and the final 44 CFR Part 67 elevations for the City of Pontiac, The final base (100-year) flood elevations for selected Livingston County, Illinois, are available [Docket No. FI-4310] locations are: for review at the City Hall, 321 North Elovation Main Street, Pontiac, Illinois. Final Flood Elevation Determination In feet, FOR FURTHER INFORMATION CONTACT: for the City of R3ockford, Winnebago national gclodotio Mr. Richard Krimm, National Flood County, Ill., Under the National Flood Source of flooding Location vertical datum Insurance Program, 202-755-5581 or toll- Insurance Program free line 800-424--8872, Room 5270, 451 Rock River_..... Harrison Avenue...... 701 AGENCY: Office of Federal Fordam Dam....-...... Seventh Street SW, Washington, D.C. Insurance and 705 Hazard Mitigation, FEMA. Auburn Street ...... 700 20410. Riversldo Boulevard...... 710 ACTION: Final rule. Spring Creek...... SUPPLEMENTARY U.S. Hglrway 51 ...... 709 INFORMATION: The 'Allow Road ...... 720 Federal Insurance Administrator gives SUMMARY: Final base (100-year) flood Spring Creek Road ...... 725 notice of the final determinations of - elevations are listed belo* for selected Alpine Road ...... 703 Cheroakwood Lane ...... 605 flood eleyations for the City of Pontiac, locations in the City of Rockford, Imperial Oaks Road . 823 Livingston County, Illinois. Winnebago County, Illinois. Spring Lake Drive ...... 642 Rock Valley College Servco 5, This final rule is issued in accordance These base (100-year) flood elevations Road. with section 110 of the Flood Disaster are the basis for the flood.plain Rock Valley College 800 Protection Act of 1973 (Pub. L. 93-234), management measures Footbridge. that the Keith Creek-...... Seminary Road ...... 705 87 Stat. 980, which added section 1363 to community is required to either adopt or Klstraukee Road ...... 711 the National Flood Insurance Act of show evidence of being already in effect Sth Street (Downstream) ...... 720 1968 (Title XIII of the Housing and in ordef-to 6th Street (Downstream). 724 qualify or remain qualified Railroad Avenue . 720 Urban Development Act of 1968 (Pub. L. for participation in the National Flood 15th Street ...... 731 90-448], 42 U.S.C. 4001-4128, and 44 CFR Insurance Program (NFIP). Chartes Street...... 737 Morsay Drive ...... 740 Part 67.4(a)). An opportunity for the EFFECTIVE DATE: The date of issuance of Alpine Road...... 705 community or individuals to appeal this the Flood Insurance Rate Map (FIRM), Alpine Dam ...... 700 determination to or through the Country Club Road ...... 790 showing base (100-year) flood Kent Creek ...... Ilinois Central & Gulf 704 community for a period of ninety (9)) elevations, for the City of Rockford, Railroad. days has been provided. No appeals of South Kent Creek- Corbin Street...... 71g Winnebago County, Illinois. Independence Avenue.....-. 722 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations 40511

evation 5270,451 Seventh Street SW., Issued: June 1. 1979. in foot. Gloria M. Jimenez,. geodeticnatonal Washington, D.C. 20410. FederalInsurance Administrator. Source of flooding Location vetical datmn SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives IFJD= 7C-n13 F42|d 7-1043-R3e45 =1 Downstream Limit of Levings 742 notice of the final determinations of BIL.LING CODE 4210-23-U Lake. Upstream Corporate Limits.. 744 flood elevations for the Village of Tinley North Kent Creek- Ceda Street - 708 Park. Cook and Will Counties. Illinois, State Street 711 44 CFR Part 67 Auburn Avenue_ _ 717 This final rule is issued in accordance Central Avemu _ 719 Sanford Road - 733 with section 110 of the Flood Disaster [Docket No. FI-51351 Protection Act of 1973 (Pub. L. 93-234). (National Flood Insurance Act of 198 (Title 87 Stat. 980, which added section 1363 to Final Flood Elevation Determination X111 of Housing and Urban Development Act the National Flood Insurance Act of for the City of Anderson, Madison of 1968), effective January 28,1969 (33 Fr 1968 (Title XII of the Housing and County, Ind., Under the National Flood 17804, November 28.1968), as amended; 42 Urban Development Act of 1968 (Pub. L. Insurance Program U.S.C. 4001-4128; Executive Order 12127.44 90-448), 42 U.S.C. 4001-4128, and 44 CFR Fr 19367; and delegation of authority to AGENCY: Office of Federal Insurance and Federal Insuracne Administrator 44 FR 67.4(a)). An opportunity for the Hazard Mitigation. FEMA. community or individuals to appeal this 20963). ACTION: Final rule. Issued: June 1,1979. determination to or through the Gloria M. rmenez, community for a period of ninety (90) SUMMARY: Final base (100-year) flood FederalInsurance Admiistrator. days has been provided. No appeals of elevations are listed below for selected the proposed base flood elevations were locations in the City of Anderson. [FR Doec. 79-21004 Fied 7-10-79; 8:45 am] received from the community or from Madison County. Indiana. BILUNG CODE 4210-23-M individuals within the community. These base (100-year) flood elevations The Administrator has developed are the basis for the flood plain 44 CFR Part 67 criteria for flood plain management in management medsures that the flood-prone areas in.accordance with 44 community is required to either adopt or [Docket No. FI-4998] CFR Part 60. show evidence of being already in effect in order to qualify or remain qualified Final Flood Elevation Determination The final base (100-year) flood elevations for selected locations are: for participation in the national flood for the Village of Tinley Park, Cook insurance program (NFIP). and Will Counties, Ill. Under the EFFECTIVE DATE: The date of issuance of National Flood Insurance Program Ll fel SDrcn Of floD0*11 L=?1111 ftl u1 the Flood Insurance Rate Map (FIRM), showing base (10O-year] flood AGENCY: Office of Federal Insurance and ve.:a.lgeo:ec da!.rn Hazard Mitigation. FEMA. elevations, for the City of Anderson. Madison County. Indiana. ACTION: Final rule. Midilaan cree - 2.633 feel d,-iutrox-n of 675 ADDRESS: Maps and other information 70 fot uw.7,n of C84 showing SUMMARY: Final base (100-year) flood Gapyee A;-ao. the detailed outlines of the elevations are listed below for selected 700 foct pstrmon of 03k £34 flood prone areas and the final locations in the Village of Tinley Park, Par Avr elevations for for the City of Anderson JtUt r otfaeWth Cook and Will Counties, Illinois. are available for review at the City These base (100-year) flood elevations 171st S-"ect (utr"-n M Planning Department. Anderson. are the basis Indiana. for the flood plain 76th Auveio D.tfL... 5.P.Xtrat hqd tt,.n Cr'ck_ £35 management measures that the l67thst-crot £35 FOR FURTHER INFORMATION CONTACT:. community is required to either adopt or J=1 st ueam of I164:h FrJn M3 Mr. Richard Krimm, National Flood .%i!AtS~rO'x of show evidence of being already in effect Dfva. 142trxhn C33 Insurance Program. (202) 755-5581 or in order to .qualify or remain qualified J st rqo-si 04 1 .d 702 Toll Free Line (800) 424-8872. Room for participation in the national flood 5270,451 Seventh Street. SW.. 7th A%-,"' 7v2 insurance program (NFIP). Washington: D.C. 20410. EFFECTIVE DATE: The date of issuance of SUPPLEMENTARY INFORMATION: The the Flood Insurance Rate Map (FIRM), Federal Insurance Administrator gives showing base (100-year) flood notice of the final determinations of elevations, for the Village of Tinley Oak P&akAvre'xie flood elevations for the City of Park, Cook and Will Counties, Illinois. Tnr-,uxy to U-'on cc-pza='a i 834 Anderson. Madison County, Indiana. ADDRESS: Maps and other information Dra rago Ddi. Owtre&n of 183d S.-C L 35 This final rule is issued in accordance showing the detailed outlines of Upt-nam of I Stoft6_ £3dC3 with section 110 of the Flood Disaster the Just dawrstrcxnof 8ah £37 flood-prone areas and the final AvxrJO. Prolection Act of 1973 (Pub. L 93-234), elevations for the Village of Tinley Park 87 Stat. 980. which added section 1363 to the National Flood Insurance Act of are available for review at the Village (National Flood Insurance Act of 1968 (Tite 1968 (Title XI of the Housing and Hall, Office of Director of Community XIII of Housing and Urban Development Act Urban Development Act of 1968 (Pub. L Development, 17355 South 68th Court, of 1968), effective January 28.1969 (33 FR 90-448). 42 U.S.C. Tinley Park, Illinois. 17804. November 28.1978). as amended: 42 4001-4128, and 44 CFR Part 60(a)). An U.S.C. 4001-4128: Executive Order 12127. 44 opportunity for the FOR FURTHER INFORMATION CONTACT. community FR 19367; and delegation of authority to or individuals to appeal this Mr. Richard Krimm, National Flood determination to or through the Insurance Program, (202) 755-5581 or Federal Insurance Administrator, 44 FR 20963.) community for a period of ninety (90] Toll Free Line (800) 424-8872, Room days has been provided. No appeals of 40512 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations

the proposed base flood elevations were ACTION: Cancellation final rule. review at the City Hall, 414 Main Street, received from the community or from Hobart, Indiana. SUMMARY: The Federal Insurance individuals within the community. FOR FURTHER INFORMATION CONTACT: The Administrator has developed Administration has erroneously published at 44 FR 25210 on April 30, Mr. Richard Krimm, National Flood criteria for flood plain management in Insurance '1979, the final flood elevation Program, (202) 755-5581 or flood-prone areas in accordance with 44 Toll Free Line (800) 424-8872, Room CFR Part 60. determination for the Town of 'Brownsburg, Hendricks County, Indiana. 5270, 451 Seventh Street, SW, The final base (100-year) flood This notice will serve as a cancellation Washington, D.C. 20410. elevations for selected locations are: of that publication. A new notice of SUPPLEMENTARY INFORMATION: The Elevation flood elevation determination will be Federal Insurance Administrator gives in feet. published in the near future. notice of the final determinations of Source of flooding Location national flood geodetic FOR FURTHER INFORMATION CONTACT. elevations for the City of Hobart, vertical datum Mr. Richard Krimm, Assistant Lake County, Indiana. This final rule is issued in accordance White River _ At western corporate Administrator, National Flood Insurance boundary. Program, (202) 755-5581 or Toll Free Line with section 110 of the Flood Disaster 1300 feet upstream of Moss (800) 424-8872, Room 5270, 451 Seventh Protection Act of 1973 (Pub. L. 93-234). Island Road. 87 Stat. 980, which added section 1363 to - At Madison Avenue _ Street, SW, Washington, D.C. 20410. the National Flood Insurance Act of Downstream side of State (National Flood Insurance Act of 1968 (Title Route 9. 1968 (Title XIII of the Housing and At East 10th StreeL.-.--. XIII of Housing and Urban Development Act At 200 East Road_ of 1968), effective January 28,1969 (33 FR Urban Development Act of 1908 (Pub. L. At corporate limits 210 feet 17804, November 28,1968), as amended; 42 90-448), 42 U.S.C. 4001-4128, and 44 CFR upstream from State Route 32. U.S.C. 4001-4128; Executive Order 12127,44 Part 67,4(a)). An opportunity for the Illbuck Creek - 150 feet above confluence FR 19367; and delegation of authority to community or individuals to appeal this with White River. Federal Ilsurance Administrator 44 FR determination to or through the 2500 feet downstream of 200 20963). North Road. community for a period of ninety (00) 500 feet downstream of 200 Issued: June 14,1979. days has been provided. No appeals of North Road. At 200 North Road-- - Gloria M. Jimenez, the proposed base flood elevations were Pittsford Ditch - At confluence with White FederalInsurance Administrator. received from the community or from Rier. individuals -withinthe community. Downstream side of 18th [FR Dec. 79-21007 Filed 7-10-79; &45 am] Street ILLING CODE 4210-23-M' The Administrator has developed Upstream side of 18th Street. 900 feeLups;ream of 18th criteria for flood plain management in Street flood-prone areas in accordance with 44 Upstream of 22nd Street_. 44 CFR Part 67 CFR Part 60. At Ohio Avenue.. Boland Drainage Ditch At southem corporate The final base (100-year) flood [Docket No. FI-4975] boundary. elevations for selected locations 1100 feet downstream of are: Indi na Highway 67. Final Flood Elevation Determination At Indiana Highway 67-..... for the City of Hobart, Lake County, Elevation In Downstream side of 38th feet, Street Ind., Under the National-Flood Source of flooding Location national Upstream side of 38th Street Insurance Program gcdot1c At Madison Avenue. - vertical datum AGENCY: Office of Federal Insurance and (National Flood Insurance Act of 1968 (Title Hazard Mitigation, FEMA. Deep River...... Downstream Corporate 0 XIII of Housing and Urban Development Act Urts. of 1968), effective January 28, 1969 (33 FR ACTION: Final rule. - 39th Avenue (Upstream Side) C04 17804, November 28,1978), Conrail (Upstream Side) .... 010 as amended; 42 Hobart Dam (Upstream Side). 010 U.S.C. 4001-4128; Executive Order 12127,44 SUMMARY: Final base (100-year) flood 3rd Street (Upstream Side). 012 FR 19367; and delegation of authority to elevations are listed below for selected Norfolk and Western Railway 013 Federal Insurance Administrator 44 FR locations in the City of Hobart, Lake (Upstream Side)...... 20963.) WAsconsin Street,. 01 County, Indiana. Elgin. Joliet and Eastern 013 Issued: June 7, 1979. These base (100-year) flood elevations Railway. Gloria M. Jimenez, are the basis for the flood plain (Upstream Slde)...... Decatur Street ...... 013 FederalInsurance Administrato. management measures that the Bracken Road..------014 [FR Doe. 79-21006 Filed 7-10-79v 8:45 am] community is required to either adopt or Upstream Corporate Umlta.. 614 Duck Ceek.. . Front Street...... BILLING CODE 4210-23-M show evidence of being already in effect 010 Egtln, Jorlot and Eastern 010 in order to qualify or remain qualified Rahway. for participation in the National Flood 10th Street (Upstream S~de),. 0i 44 CFR Part 67 Insurance Program (NFIP). County Une Road_... _...... 012 Turkey Creek... Confluence with Deep River.. 013 EFFECTIVE DATE: The date of issuance of Uverpool Road.__...... 613 [Docket No. FI-4080] the Flood Insurance Rate Map (FIRM), corporato Limlt ...... 0i Final Flood Elevation Determinations showing base (100-year) flood (National Flood Insurance Act of 1968 (Title for the Town of Brownsburg, elevations, for the City of Hobart, Lake County, Indiana. XI1 of Housing and Urban Development Act Hendricks County, Ind., Under the of 1968), effective January 28,1969 (33 FR ADDRESSES: National Flood Insurance Program; Maps and other information 17804, November 28,1968), as amended; 42 Cancellation showing the detailed outlines of the U.S.C. 4001-4128; Executive Order 12127,44 flood-prone areas and the final - FR 19367; and delegation of authority to AGENCY: Office of Federal Insurance and elevations for the City of Hobart,'Lake Federal Insurance Administrator 44 FR Hazard Mitigation, FEMA. County, Indiana, are available for 20983.) Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations 40513

Issued. June 1,1979. the proposed base flood elevations were elevations, for the City of Martinsville. Gloria M. rimenez, received from the community or from Morgan County, Indiana. FederalInsurance Administrator. individuals within the community. ADDRESSES: Maps and other information [FR Dac 79-21008 Filed 7-10-79. &45 am] The Administrator has developed showing the detailed outlines of the BILUNG CODE 4210-23-M criteria for flood plain management in flood prone areas and the final flood-prone areas in accordance with 44 elevations for the City of Martinsville CFR Part 60. are available for review at the City Hall. 44 CFR Part 67 The final base (100-year) flood P.O. Box 1415, MartinsiiUe, Indiana. elevations for selected locations are: [Docket No. FI-4999] FOR FURTHER INFORMATION CONTACT. Mr. Richard Krimm. National Flood Final Flood Elevation Determination Li 1K!. Insurance Program. (202] 755-5581 or for the Town of Lowell, Lake County, SOU=cOf Vfio-fn3 L=-16- m.or Toll Free Line (800] 424-8872, Room Ind., Under the National Flood 5270,451 Seventh Street SW., Insurance Program Washington. D.C. 20410. Cedar Ccek...... At s-,mn cxpz'axe %T.±. C3 SUPPLEMENTARY INFORMATION The AGENCY: Office of Federal Insurance and 1..00 feet dowsm~e i0 ES9 Hazard Mitigation, FEMA. Oakey Avtemw Federal Insurance Administrator gives .hat 6 Cec!I.ernO-y -61 notice of the final determinations of ACTION: Final rule.- Aver.,e. flood elevations for the City of Martinsville, Morgan County, Indiana. SUMMARY: Final base (100-year) flood j-.zsupermofc Mtn SteeL U53 elevations are listed below for selected .Jist upsB.l& c M3,S-t.eaI 6-70 This final rule is issued in accordance locations in the Town of Lowell, Lake .kmsttzqstrewn 4 WKS --ft 671 with section 110 of the Flood Disaster At mtwdn CapOWr rI .. 674 County, Indiana. McCcie5 D.tcho- CvWe.r1c,, w.h Ced- Cewk 671 Protection Act of 1973 (Pub. L 93-234], These base (100-year] flood elevations .i.st , tr'n.. o!Me, 673 87 Stat. 980, which added section 1363 to the National Flood Insurance Act of are the basis for the flood plain At r.vrthen ccrvra-a r-rIs 674 management measures that the 1968 (Title X111 of the Housing and community is required to either adopt or (National Flood Insurance Act of 1908 (Title Urban Development Act of 1968 (Pub. L show evidence of being already in effect XIII of Housing and Urban Development Act 90-448). 42 U.S.C. 4001.4128, and 44 (F in order to qualify or remain qualified of 1968), effective January 28,19G9 (33 FR Part 67.4(a)). An opportunity for the for participation in the National Flood 17804. November 28,1978). as amended; 42 community or individuals to appeal this Insurance Program (NFIP). U.S.C. 4001-4128; Executive Order 12127,44 determination to or through the FR 19367; and delegation of authority to EFFECTIVE DATE: The date of issuance of community for a period of ninety (90] Federal Insurance Administrator 44 FR days has been provided. No appeals of the Flood Insurance Rate Map (FIRM), 20963.] showing base the proposed base flood elevations were (100-year] flood Issued. .elevations, for the Town of Lowell, Lake June 1,1979. received from the community or from County, Indiana. Gloria M. Jimenez, individuals within the community. FederalInsurance Administrator. ADDRESSES Maps and other information The Administrator has developed showing the detailed outlines of the [FR 13=.79-2=C9 FLIAe7-10-72. &-45 criteria for flood plain management in flood prone areas and the final BILNG CODE 4210-23-U flood-prone areas in accordance with 44 elevations for the Town of Lowell are CFR Part 60. The final base (100-year] flood available for review at the Town Hall, 44 CFR Part 67 512 East Commercial Street, Lowell, elevations for selected locations are: Indiana. [Docket No. FI-4862] FOR FURTHER INFORMATION CONTACT. n feet Krimm. Final Flood Elevation Determination Sci O rx- -n c-nt3c r'atoraw Mr. Richard National Flood 6ecee.c Insurance Program, (202] 755-5581 or for the City of Martinsville, Morgan Toll Free Line (800) 424-8872, Room County, Ind., Under the National Flood vetcal dat.m 5270, 451 Seventh Street, SW, Insurance Program ate~zc cmlu Washington, D.C. 20410. AGENCY: Office of Federal Insurance and RF137ad e'.--. SUPPLEMENTARY INFORMATION: The Hazard Mitigation, FEMA. U'=rCxn Sala Cf Cc=3a 536 Federal Insurance Administrator gives ACTION: Final rule. notice of the final determinations of R-uta 33 EM;e'a flood elevations for the Town of Lowell, SUMMARY: Final base (100-year] flood A-rvraZ'-j4 U3 ENra53 3'I Lake County, Indiana. elevations are listed below for selected L''t Crek ...... , .r:: 1 .- t 591 This final rule is issued in accordance locations in the City of Martinsville, d.,com::u cf S vith section 110 of the Flood Disaster Morgan County, Indiana. RZ3'.!:3 These base (100-year] flood elevations r-da 0S=- 5M2 Protection Act of 1973 (Pub. L. 93-234), Rz%13 37. 87, Stat. 980, which added section 1363 are the basis for the flood plain U-'-C'sa of 533 Wes 539 to the National Flood Insurance Act of management measures that the R:ed. 1968 (Title XIII of the Housing and community is required to either adopt or Urban Development Act of 1968 (Pub. L. show evidence of being already in effect 90-M48), 42 U.S.C. 4001-4128, and 44 CFR in order to qualify or remain qualified Part 67.4(a)). An opportunity for the for participation in the National Flood (National Flood Insurance Act of 1968 (Title community or individuals to appeal this Insurance Program (NFIP). XIII of Housing and Urban Development Act determination of 1968). effective January 2, 1969 (33 FR to or through the EFFECTIVE DATE: The date of issuance of 17604. November 2.1978]. as amended, 42 community for a period of ninety (90) the Flood Insurance Rate Map (FIRM), U.S.C. 4001-4128: Executive Order =Z12.44 days has been provided. No appeals of showing base (100-year] flood FR 19357; and delegation of authority to 40514 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations

Federal Insurance Administrator 44 FR determination to or through the review at the City Hall, 3rd and Hudson 20963.) community for a period of ninety (90) Streets, Burlington, Kansas. Issued: June 1, -1979. days has beeh provided. No appeals of FOR FURTHER INFORMATION CONTACT: Gloria M. Jimenez, the proposed base flood elevations were Mr. Richard Krimm, National Flood FederalInsurance Administrator. received-from the community or from Insurance Program, (202) 755-5581 or [FR Doc. 79-21010 Filed 7-10-M. 8:45 am] individuals within the community. Toll Free Line (800) 424-8872, Room BILLING CODE 4210-23-M The Administrator has developed 5270, 451 Seventh Street, SW, criteria for flood plain management in flood-prone areas in accordance with 44 Washington, D.C. 20410. 44 CFR Part 67 CFR Part 60. SUPPLEMENTARY INFORMATION: The The final base (100-year) flood Federal Insurance Administrator gives [Docket No. FI-5000] elevations for selected locations are: notice of the final determinations of flood elevations for the City of Final Flood Elevation Determination Elevation in Burlington, Coffey County, Kansas, for the Town of Vevay, Switzerland feet, national Source ot flooding Location geodetic This final rule is Issued in accordance County, Ind., Under the National Flood vertical datum with section 110 of the Flood Disaster Insurance Program -Ohio River Upstream corporate limit.... 471 Protection Act of 1973 (Pub. L. 93-234), AGENCY: Office of Federal Insurance and Downstream corporate limit. 471 87 Stat. 980, which added section 1363 to Hazard Mitigation, FEMIA. the National Flood Insurance Act of ACTION: Final rule. (National Flood Insurance Act of 1968 (Title 1968 (Title XIII of the Housing and XIII of Housing and Urban Development Act Urban Development Act of 1968 (Pub, L SUMMARY: Final base (100-year) flood of 1968), effective January 28,1969 (33 FR 90-448), 42 U.S.C. 4001-4128, and 44 CFR elevations are listed below for selected 17804, November 28,1978. as amended; 42 Part 67.4(a)). An opportunity for the locations U.S.C. 4001-4128; Executive Order 12127,44 community in the Town of Vevay, FR 19367; and delegation of authority to or individuals to appeal this Switzerland County, Indiana. Federal Insurance Administrator, 44 FR determination to or through the These base (100-year) flood elevations .20963.) community for a period of ninety (90) are the basis for the flood plain Issued: June 1. 1979. days has been provided, and the management measures that the Gloria N. Jimenez, Administrator has resolved the appeals community is required to either adopt or 'Federal-insuranceAdministrator. presented by the community. show evidence of being already in effect The Administrator has developed in order to qualify 'or remain qualified [FR Doc. 79-21011 Fed7-10-79; 8:45 am] criteria for flood BILLING CODE 4210-23-M plain management In for participation in the National Flood flood-prone areas in accordance with 44 Insurance Program (NFIP).- CFR Part 60. EFFECTIVE DATE: The date of issuance of 44 CFR Part 67 The final base (100-year) flood the Flood Insurance Rate Map (FIRM), elevations for selected locations are: showing base (100-year) flood [Docket No. FI-4321] elevations, for the Town of Vevay, Elevation In Switzerland County, Indiana. Final Flood Elevation Determination fot Source of floodng Location above mean ADDRESSES: Maps and other information for the City of Burlington, Coffey sea level showing the detailed outlines of the County, Kans., Under the'National flood prone areas and the final Flood Insurance Program Neosho River-- Confluence with Rock Creek. 1,010 Neosho Street Bridge ...... 1,019 elevations for the Town of Vevay are AGENCY: Office of Federal Insurance and City Dam...... 1,021 available for review at the Town Hall, Hazard Mitigation, FEMA. Rock Creek...... Confluence with Neosho 1,010 702 West Main.Street, Vevay, Indiana, River. ACTION: Final rule. Third Street .... ,021 and the Switzerland County Planning Culvert Outlet (downstream 1.021 Commission, Vevay, Indiana. SUMMARY: Final base (10(-year] flood of Neosho Street). Fourth Street_...... FOR FURTHER INFORMATION CONTACT._ elevations 1.022 are listed below for selected Culvert Inlet (upstream of 1.025 Mr. Richard Krimm, NationalFlood locations in the City of'Burlington, Fourth Street). Insurance Program, (202) 75p-5581 or Coffey County, Kansas. Sbrth Street ...... 1.025 Kennebec Street (1st 1,020 Toll Free Line (800) 424-:-8872, Room These base (100-year) flood elevations Crossing). 5270, 451 Seventh Street SW., are the basis for the flood plain Sixteenth Street 1,032 Washington, D.C. 20410. managemelit measures that the (Downstream). SUPPLEMENTARY INFORMATION: The community is -required to either adopt or Federal Insurance Administratorgives show evidence of being already in effect (National Flood Insurance Act of 1968 (Title notice of the final determinations of in order to qualify orremain qualified XIII of Housing and Urban Development .Act flood elevations for the Town of Vevay, for participation in the National Flood of 1968), effective January 28, 1969 (33 FR Switzerland County, Indiana. Insurance Program (NFIP). 17804, November 28, 1968), as amended 42 This final rule is issued in accordance EFFECTIVE DATE: The date of issuance of U.S.C. 4001-4128; Executive Order 12127, 44 with section 110 of the Flood Disaster the Flood Insurance Rate Map (FIRM), FR 19367; and delegation of authority to Protection Act of 1973 (Pub. showing base (100-year) flood Federal Insurance Administrator 44 FR L 93-234), 20963.) 87 Stat 980, which added section 1363 to elevations, for the City of Burlington, the NationalFlood Insurance Act of Coffey County, Kansas. Issued: June 1, 1979, 1968 (Title XIII of the Housing and ADDRESSES: Maps and other information Gloria M. Jimenez, Urban Development Act of 1968 (Pub. L. showing the detailed outlines of the FederalInsurance Administrator. 90-448), 42 U.S.C. 400n-4128, and 44 CFR flood-prone areas and the final [FR Dec. 79--2102 Filed 7-10-M. 8.45 am] Part 67.4(a)). An opportunity for the - elevations for the City of Burlington, BILLING CODE 4210-23-M community or individuals to appeal.this Coffey County, Kansas, are available for Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations 40515

44 CFR Part 67 The final base (100-year) flood showing base (10-year) flood elevations for selected locations are: elevations, for the Village of Coal Run. [Docket No. FI-50011 Pike County. Kentucky. EWe-axn kn • fect. ADDRESSES: Maps and other information Final Flood Elevation Determination of the Sorc offlocodrg L=3'ca r.atrji showing the detailed outlines for the City of Marion, Marion County, 9-1dow flood-prone areas and the final Kans., Under the National Flood elevations for the Village of Coal Run, Insurance Program Pike County, Kentucky are available for 1503 fec! dcwr..tn c1 1-M~ Cotoewood Ryr..... review at the State Police Barracks, AGENCY: Office of Federal Insurance and rhkd StraeL ."aI irs"&mn C4Trod~ Stnet low0 North Mayo Trail, Pikeville, Kehtucky. Hazard Mitigation, FEMA. 1100 fee dc4ncan f!fLt' 1.310 Clmp Roc 1--li ar4 FOR FURTHER INFORMATION CONTACT: ACTION: Final rule. Justd,.&rw±t owcf 1.311 Mr. Richard Krimm. National Flood SUMMARY: Final base (100-year) flood Ctim Rcck IVrr and Insurance Program, (202] 755-5581 or paal Ra*03d. Toll Free Line (800) 424-8872, Room elevations are listed below for selected Just ft C kap 1314, locations in the City of Marion, Marion Rec-k IsW AM-Fa&-.c 5270,451 Seventh Street, SW. Washington, D.C. 20410. County, Kansas. MOfeet Lr--n f WMn 1,315 These base (100-year) flood elevations SUPPLEMENTARY INFORMATION: The Cotonwood Rvff Sw.tom ccf .e r.',rA . 1.326 are the basis for the flood plain Trbtary. 1700 feet daow4a own 1ofI Federal Insurance Administrator gives management measures that the We: h SjeeL notice of the final determinations of 0 feet &e.-wtcmef 1.313 community is required to either adopt or Wcich cc flood elevations for the Village of Coal show evidence of being already in effect Justapseam ofWkch 1,319 Run, Pike County, Kentucky. qualify or remain qualified Stmt.L This final rule is issued in accordance in order to 1200 feet Wamam fcWe lh 1322 for participation in the National Flood StKoL with Section 110 of the Flood Disaster Old Mod Creek Ponding a -ca 1,023 Protection Act of 1973 (Pub. L 93-234). Insurance Program (NFIP). C (Ivntern EFFECTIVE DATE: The date of issuaice of DrakWe RAWAQ. 87 Stat. 980, which added Section 1363 the Flood Insurance Rate Map (FIRM], to the National Flood Insurance Act of showing base (100-year) flood (National Flood Insurance Act of 1968 (Title 1968 (Title XMI of the Housing and elevations, for the City of Marion, XI of Housing and Urban Development Act Urban Development Act of 1968 (Pub. L Marion County, Kansas. of 1968). effective January 28, 1969 (33 FR 90-448. 42 U.S.C. 4001-4128, and 44 CFR 17804. November 28,1978), as amended; 42 Part 67.4(a)). An opportunity for the ADDRESSES' Maps and other information U.S.C. 4001-4128 Executive Order 12127. 44 community or individuals to appeal this showing the detailed outlines of the FR 19367; and delegation of authority to determination to or through the flood-prone areas and the final Federal Insurance Administrator. 44 FR community for a period of ninety (90) elevations for the City of Marion are 20963). days has been provided. No appeals of available for review at the City Hall, 203 Issued. June 1. 1979. the proposed base flood elevations were North 3rd. Marion, Kansas. Gloria M. Jimenez, received from the community or from FOR FURTHER INFORMATION CONTACT. Federalznsurance Admibnstrfor. individuals within the community. Mr. Richard Krimm, National Flood [FR Dc. 79-.1M3 FVed 7-10-M. &43 =1 The Administrator has developed Insurance Program, (202] 755-5581 or - BILLING CODE 4210-23-M criteria for flood plain management in Toll Free Line (800) 424-8872, Room flood-prone areas in accordance with 44 5270,451 Seventh Street, SW., CFR Part 60. Washington, D.C. 20410. 44 CFR Part 67 The final base (100-year) flood elevations for selected locations are: SUPPLEMENTARY INFORMATION: The [Docket No. FI-5099] Federal Insurance Administrator gives Ee.acn notice of the final determinations of Final Flood Elevation Determination in fee?. flood elevations for the City of Marion, for the Village of Coal Run, Pike S,.zor &Xdra Lccal-cn ac! Marion County, Kansas. County, Ky., Under the National Flood This final rule is issued in accordance Insurance Program with section 110 of the Flood Disaster Lcv-e3FrAk JzL1~steam ciRaSf 665 Protection Act of 1973 (Pub. L 93-234), AGENCY: Office of Federal Insurance and 51-e1 ecter-dod. -90 reet &dcwrr of 6W8 87 Stat. 980, which added section 1363 to Hazard Mitigation, FEiA. Hami Valley Cr'ie the National Flood Insurance Act of ACTION: Final rule. eterede& 1968 (Title XIII of the Housing and Urban Development Act of 1968 (Pub. L SUMMARY: Final base (100-year) flood (National Flood Insurance Act of 1968 CTitle 90-448), 42 U.S.C. 4001-4128, and 44 CFR elevations are listed below for selected X111 of Housing and Urban Development Act Part 67.4(a)). An opportunity for the locations in the Village of Coal Run, of 19681. effective January 281969 (33 FR 28,1968). as 42 community or individuals to appeal this Pike County. Kentucky. 17804. November amended; These base (100-year) flood elevations U.S.C. 4001-4128; Executive Order 1212. 44 determination to or through the of authority to the basis for the flood plain FR 19367; and delegation community for a period of ninety (90) are Federal Insurance Administrator 44. FR days has been provided. No appeals of management measures that the Z0963.) the'proposed base flood elevations were community is required to either adopt or Issued: June 14.1979. show evidence of being already in effect received from the community or from Gloria K, Jimenez. within the community. in order to qualify or remain qualified individuals FederallnsuranceAdminstrator. The Administrator has developed for participation in the national flood criteria for flood plain management in insurance program (NFIP). [FR D--79-21014 FL! 7-20-7M. &43 a=) BIJG COOE 4210-23-M flood-prone areas in accordance with 44 EFFECTIVE oATE: The date of issuance of CFR Part 60. the Flood Insurance Rate Map (FIRMNI), 40516 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations

FEDERAL MARITIME COMMISSION prescribe. On September 23, 1959, the service have escalated considerably Bureau of the Budget, now the Office of since then. The most recent survey by 46 CFR Parts 502,503 Management and Budget, issued the Commission shows the cost of Circular No. A-25, which sets forth service to be slightly in excess of $200. [Docket No. 79-13; General Order 16, Arndt. general policies'for developing a fair, We have set the revised fee at $175 In 30 and General Order 22, Amdt. 9] equitable, and uniform system of acknowledgement of the public interest charges for certain government services standard of Title V. Fees for Services and property so as to implement the In light of the foregoing, we have AGENCY: Federal Maritime Commission. applicable provisions of Title V. determined to publish the final rules as Essentially, Circular No. A-25 requires they were proposed.' ACTION: Final rules. that a reasonable charge be made to Therefore, pursuant to the provisions SUMMARY: Parts 502 and'503 have been each recipient for a measurable unit or of section 4 of the Administrative revised to reflect the updating of amount of Federal Government service Procedure Act (5 U.S.C. 553) and Title V existing fees and charges and the from which he derives a benefit in ordr of the Independent Offices establishment of new fees for certain that the Government recover the full Appropriations Act of 1952 (31 U.SC. services provided by the Federal cost of rendering that service. The 483(a)), as implemented by Budget Maritime Commission. The purpose of Circular further calls for a periodical Circular No. A-25, dated September 23, the revision is to assure the recovery of reassessment-of costs, with related 1959, and Rule 52 of the Commission's costs to the extent possible for services adjustment of fees, if necessary, and the Rules of Practice and Procedure, 40 CFR rendered to identifiable individuals that establishment of new fees where none 502.52, Parts 502 and 503 of Title 40, are not offered to the public as a whole. exists. Code of Federal Regulations are Periodic reassessment of fees and Two comments were received in amended as set forth hereinafter. charges is required under guidelines response to the Notice of Proposed 1. The second sentence of 40 CFR established by the Office of Rulemaking. The National Capital Area 502.27 is amended to read as follows: Management and Budget. Paralegal Association objects to the § 502.27 Persons not attorneys at law. EFFECTIVE DATE: August 15, 1979. establishment of a fee for processing * * * Applications by persons not applications of nonattorneys to practice FOR FURTHER INFORMATION CONTACT: before the Commission (proposed attorneys at law for admission to Francis C. Hurney, Secretary, Federal § 503.43(h)). Mr. Wade S. Hooker, an practice before the Commission shall be Maritime Commission, Room 11101, 1100 attorney who practices before the made on the forms prescribed therefor, L Street, N.W., Washington, D.C. 20573 .Commission, has commented on the rise which may be obtained from the (202) 523-5725. in the charge for subscription to Secretary of the Commission, shall be SUPPLEMENTAL INFORMATION: This Commission issuances in formal addressed to the Federal Maritime proceeding was instituted by a Notice of proceedings (proposed § 503.43(d)(1)). Commission, Washington, D.C. 20573, Proposed Rulemaking published in the The Commission proposed to and shall be accompanied by a fee as required by § 503.43(h) of this Chapter. Federal Register on March 14, 1979 (44 establish a fee of $10 for processing * *t * FR 15517-19). The Federal Maritime applications of nonattorneys for Commission proposed to revise its admission to practice. The Association II. Subpart E of Part 503, Title 46 of the schedule of fees and charges for certain argues that such a fee discriminates Code of Federal Regulations is revised services by updating existing fees and against nonattorneys in favor of to read as follows: charges and establishing new fees. attorneys who need only certify that Subpart E-Fees In the provisions of Titl6 V of the they are a member in good standing of a Independent Offices Appropriations Act state or Federal bar. The Association §503.41 Policy and services available. of 1952 (31 U.S.C. 483(a)), hereinafter further questions whether nonattorneys Pursuant to policies established by the referred to as "Title V," Congress has should'be required to apply for Congress, the Government's costs for stated that "any work, services, admission at all. We disagree with the special services furnished to individuals publication, report, document, benefit, position expressed'by the Association. or firms who request such service are to privilege, authority, use, franchise, An attorney in good standing has be recovered by the payment of fees license, permit, certificate, registration, already been examined as to (Act of August 31, 1951-5 U.S.C. 140). or imilar thing of value or utility professional ability aid personal (a) Upon request the following performed, furnished, provided, granted, qualifications. On the other hand, an services are available upon the payment prepared, or issued by any Federal applicant nonattorney may be totally of the fees hereinafter prescribed: agency ... to or for any person... unknown to the Commission. The (1) Copying records/documents shall be self-sustaining to the full extent Commission has a duty to assure that (2) Certification of copies of possible'." In order to bring about the persons appearing before it are qualified documents accomplishment of this objective, Title to represent others. Under the (3) Records search V authorizes the head of each agency to circumstances, the requirement for (b) Fees shall also be assessed for the prescribe by regulation such fees and application for admittance is following services provided by the charges as he shall determine "... to be appropriate and the assessment of a Commission: fair and equitable taking into modest fee for processing the (1) Subscriptions to Commission consideration direct and indirect cost t6 application is proper under Title V. publications the government, value to the recipient, Mr. Hooker expresses "surprise" that (2) Placing one's name, as an public policy or interest served and the charge for the subsciption list interested party, on the mailing list of a other pertinent facts." should rise from $30 to $175 annually docketed proceeding This enabling legislation also provides since the existing price -was "established that the fees and charges shall be as on February 25, 1975." In point of fact, 'A sentence has been added to § 503.43(c) to uniform as practicable and subject to clarify the Intent of the proposed rule to charge five the $30 fee was established in 1965 and cents-per page plus cost of services when copying Is such policies as the President may costs associated with providing the performed by Commission personnel. Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations 40517

(3] Processing nonattorney (1) Orders, notices, rulings, and (h) Applications for admission to applications to practice before the decisions (initial and final) Issued by practice before the Commission for Commission Ad_,inistrative Law Judges and by the persons not attorneys at law must be Commission in all formal docketed accompanied by a fee of $10 pursuant to § 503.42 Payment of fees and charges. proceedings before the Federal Maritime § 502.27 of this Chapter. The fees charged foi special services Commission are available at an annual (i) Upon a determination by the may be paid through the mail by check, subscription rate of $175. Commission that waiver or reduction of draft, or postal money order, payable to (2) Final decisions (only) issued by the the fees prescribed in this section is in the Federal Maritime Commission, Commission in all formal docketed the public interest because the except for charges for transcripts of proceedings before the Commission are information furnished has been hearings. Transcripts of hearings, available at an annual subscription rate determined to be of primary benefit to testimony, and oral argument are of S50. the general public, such information furnished by a nongovernmental (3) General Orders of the Commission shall be furnished without charge or at a contractor, and may be purchased are available at the following rates: 1) reduced charge at the discretion of the directly from the reporting firm. initial set including all current General Commission. (j) Additional issuances, publications § 503.43 Fees for services. Orders for a fee of S12.50, and 2) an annual subscription rate of S2 for all and services of the Commission may be The basic fees set forth below provide amendments to existing General Orders made available for fees to be for documents to be mailed with postage and any new General Orders issued. determined by the Managing Director, prepaid. If copy is to be transmitted by (4) Exceptions. No charge will be which fees shall not exceed the cost to registered, certified, air, or special made by the Commission for notices. the Commission for providing them. delivery mail, postage therefor will be decisions, orders, etc., required by law By the Commission. added to this basic fee. Also, if special to be served on a party to any Francis C. Hurney, handling or packaging is required, costs proceeding or matter before the Secretary.. thereof will be added to the basic fee. Commission. No charge will be made for (a] Photo-copying of records and [FR V=_ 79-M34Z Rld 7-10--M N5 =1 single copies of the above Commission BILIHG COOE 6730-i-M documents performed by requesting publications individually requested in party will be available at the rate of five person or by mail. In addition, a cents per page (one side], limited to size subscription to Commission mailing lists FEDERAL COMMUNICATIONS 82" x 14" or smaller. will be entered without charge when COMMISSION (b) The certification and validation one of the following conditions is (with Federal Maritime Commission' present: 47 CFR Part 90 seal) of documents filed with or issued (i) The furnishing of the service by the Commission will be available at without charge is an appropriate [FCC 79-318] $3 for each such certification. courtesy to a foreign country or (c) To the extent that time can be international organization. Private Land Mobile Radio Service; made available, records and information (ii) The recipient is another Public Notice Concerning Assignments search and/or copying will be governmental agency, Federal, State. or and Use for Frequencies in the 216- performed by Commission personnel for local, concerned with the domestic or 220 MHz Band reimbursement at the following rates. foreign commerce by water of the Any such charges are in addition to a AGENCY. Federal Communications United States or, having a legitimate Commission. five cent per page charge for copies interest in the proceedings and activities provided. AcTION: Waiver of the Commission's of the Commission. Rules. (1) By clerical personnel at a rate of $5 (iii) The recipient is a college or per person per hour. university. SUMMARY: The FCC waives § 90.259 of (2) By professional personnel at an {iv) The recipient does not fall into its rules until July 1.1980, to allow the actual hourly cost basis to be paragraphs (d)(4) (i), (ii), or (iii) of this type acceptance and operation of radio established prior to search. section but is determined by the equipment in the 216-220 MHz band (3] Minimum charge for record and Commission to be appropriate in the employing F3 (voice) emission, provided information search, $5. interest of its program. this use of voice is an essential adjunct (4) Minimum charge for copying (e) To have one's name and address to authorized telemetry operation, and services performed by Commission placed on the mailing list of a specific further provided that it is on a personnel, $1. docket as an interested party to receive secondary basis to telemetry operations (5) Exceptions. No charge for copying all issuances pertaining to that docket. and Federal Government uses of the or searching will be made for providing costs $3 per proceeding. band. a single copy of a tariff page on file with (f) The Commission publication DATE: The effective date is July 11, 1979. the Commission. entitled "Automobile Manufacturers' ADDRESSES: Federal Communications (d) Annual subscriptions to Measurements" is available on a fiscal Commission. Commission publications for which year subscription basis, including any FOR FURTHER INFORMATION CONTACT: there are regular mailing lists are supplements issued during the fiscal Eugene C. Bowler, Private Radio Bureau available at the charges indicated below year in which purchased, for a fee of S5. (202) 632-6497. for calendar year terms. Subscriptions (g) Loose-leaf reprint of the for periods of less than a full calendar Commission's complete, current Rules of Assignments and use for Frequencies in year will be prorated on a quarterly Practice and Procedure for an initial fee the 216-220 M1.z Band basis. No provision is made for refund of $2.50. Future amenilments to the The Commission has determined to upon cancellation of subscription by a reprint are available at an annual waive Section 90.259 of the rules until purchaser. subscription rate of $1.50. July 1,1980, to allow the type 40518 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 /,Rules and Regulations acceptance and operation of radio revised two reports concerning railroad § 26.34 Special Regulations; public equipment employing F3 emission in the employees, the Report of Employees, access, use, and recreation; for Individual 216-220 MHz band, provided it is part of Service, and Compensation (Forms A&B) wildlife refuge areas. an authorized telemetering opbration. and the Preliminary Report of Number of Public access, use, and recreation are The Commission has not waived the Employees of Class I Railroads (see 44 permitted on the Crab Orchard National rule beyond the July 1, 1980, date FR 11551, March 1, 1979). The revised Wildlife Refuge, Illinois. only on the because of the proposal before the 1979 forms were to be used for the reporting areas designated by signs as being open World Administrative Radio Conference period beginning July 1, 1979. The to public access, use, and recreation. that the 216-220 MHz ban be reallocated National Railway Executives' The areas are delineated on maps to the Maritime Mobile Radio Service. Association raised objections to this available at the refuge headquarters and Pursuant to this waiver of the rules, rule which caused us not to permit the from the office of the Regional Director, applicants eligible to use frequencies in rule to take effect at that time. An U.S. Fish and Wildlife Service, Federal the band 216-220 MHz may transmit Building, Fort Snelling, Twin Cities, MN informal conference was held at the 55111. Public access, use, and recreation voice conmunications (F3 emission) in Commission's offices in Washington, addition to telemetry provided this voice shall be permitted in accordance with D.C. on May 15, 1979. At that timd, we the following special conditions: communication is adjunct to the entertained suggested revisions to the telemetering operations. F3 emission in (1) Swimming is prohibited in the this band is authorized only for testing report forms. In the two months since, closed portion of Crab Orchard Lake, purposes and for essential functions work has been done to design report marina areas, boat docks, boat ramps, preparatory to the commencement of forms acceptable to most interested spillways, dams, and causeways. telemetering. All voice communications parties. We now plan another informal Swimming, skin diving, snorkeling, and are secondary to telemetry, and no voice conference at 9:30, July 24, 1979, to scuba diving is prohibited in Devils discuss the final changes. The communications will be authorized in Kitchen Lake,- except at the Campground this Band except as an essential adjunct conference will be open to anyone who Beach. to authorized telemetering operations. wishes to attend. (2) All personal flotation devices, All transmissions in this band are Anyone not wishing to participate in except those wearable devices approved secondary to Federal Government the conference but desiring to express by the U.S. Coast Guard, are prohibited operations. their views, may file written comments on refuge waters. Action by the Commission May 29.1979. with the Commission. (3) Foodstuffs, drink containers, pets, Commissioners Ferris (Chairman), Lee, H. G. Homme, Jr., and fires are prohibited at designated Quello. ,Washburn, Fogarty, Brown and Jones. beach areas and on the rock area Federal Communciations Commission. Secretary. immediately below Crab Orchard Lake William J. Tricarico, [FR Doc. 79-21405 Filed 7-10-79.8:45 aml Spillway. Secretary. BILLING CODE 7035-01-41 (4) The Carterville Beach, Lookout [FR Doc. 79-20727 Filed 7-10-79; :45 amjl Point, Crab Orchard Beach, Playport BILLING CODE 6712-01-M Boat Dock, Sailboat Basin, Crab 'DEPARTMENT OF THE INTERIOR Orchard Spillway Parking Lot and INTERSTATE COMMERCE designated picnic-areas are closed to COMMISSION Fish and Wildlife Service unauthorized use from 9:00 P.M. until 49 CFR Parts 1245 and 1246 5:00 A.M., local time, daily. (No. 37025] 50 CFR Part 26 (5) All refuge campgrounds are closed Revisions to Preliminary Report of_ to visitors from 11:00 P.M. until 7:00 Number of Employees of Class I Opening of Crab Orchard National A.M., local time. Railroads and the Monthly Report of Wildlife Refuge, II., to Public Access, (6) Quiet shall be maintained in all Employees, Service, and Use, ana Recreation. refuge campgrounds between 10:00 P.M, Compensation, Forms A and B and 6:00 A.M., local time. AGENCY. Fish and.Wildlife Service, (7) The use of boats with motor larger AGENCY: Interstate Commerce Interior. than ten (10) horsepower is prohibited Commission. on Devils Kitchen Lake and Little ACTION: Notice of Informal Conference. ACTION: Special regulation, Grassy Lake. (8) The maximum boat speed limit on SUMMARY: The Commission is SUMMARY: The Director has determined Crab Orchard Lake is 40 miles per hour, scheduling an informal conference to that the opening t6 public access, use, unless otherwise posted. discuss changes contained in the final and. recreation of Crab Orchard (9) Visitors must be attired rule concerning railroad wage statistics National Wildlife Refuge is compatible appropriately published March 1, 1979, in the Federal while on the refuge. Public with the objectives for which the area nudity, or topless attire by females is Register (44 FR 11551). was established, and will provide prohibited. DATES: Informal conference will take additional recreational opportunity to ' (10) Camping, defined as the use of place at 9:30 a.m., July 24, 1979. the public. - tents, bedrolls, motorized vehicles, ADDRESSES: Informal conference will be trailers and other shelters for overnight held at the Interstate Commerce DATES: July 11, 1979, through December stays for the purpose of sleeping, Is Commission, 12th Street and 31, 1979. prohibited except at Devils Kitchen, Constitution Avenue, N.W., Washington, Little Grassy, Crab Orchard Lake, and D.C, 20423. -FOR FURTHER INFORMATION CONTACT: Crab Orchard Boat and Yacht Club Wayne D. Adams, Project Manager, FOR FURTHER INFORMATION CONTACT: P.O. campgrounds. Bryan Brown, Jr., Tel. (202) 275-7448. Box J. Carterville, Illinois 62918- (11)-All visitors must comply with all telephone number 618/997-3344. SUPPLEMENTARY INFORMATION: The Illinois State laws and Administrative Commission published a final rule which, SUPPLEMENTARY INFORMATION: Orders. Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations 40519 I r (12) Special use areas in Area II are 29080). The regulations expired on June regulated, as posted, for hours of use. 29. Those regulations were also (Sec. 2,22 Stat 614, as amended (16 U.S.C. published as interim rulemaking to 685); Sec. 5,43 Stat. 651 (16 U.S.C. 725); Sec. 5, implement the high seas salmon off 45 Stat. 449 (16 U.S.C. 690d); Sec.I10, Stat Alaska FMP prepared by the North 1244 (16 U.S.C. 715); Sec. 4,48 Stat 402. as Pacific Fishery Management Council. amended (16 U.S.C. 664); Sec. 2,48 Stat. 1270 The emergency regulations are hereby (43 U.S.C. 315a); Sec. 4,76 Stat. 654 (16 U.S.C. extended, effective July 9, in order to -460k); Sec. 4, 80 Stat 927 (16 U.S.C. 668dd); (5 provide time to evaluate the public U.S.C. 301); (16 U.S.C. 685,725, 680d).) comment on the interim regulations and The provisions of this special prepare final regulations. regulation supplement the regulations It has been determined that the which govern public access, use, and emergency in this fishery, as described recreation on wildlife refuge areas in 44 FR 29083, continues to exist. generally which are set forth in Title 50 Signed at Washington. D.C.. this the 6th Code of Federal Regulations, Part 26. day of July, 1979. The public is invited to offer suggestions (16 USC 1801 et seq.) and comments at any time. Winfred H. Meibohm Note.-The U.S. Fish and Wildlife Service Executive Director, ANationalMarine has determined that this document does not FisheriesService. contain a major proposal requiring preparation of an Economic Impact [FR D= 79N2144GFiled 7-10-79 845 on Statement under Executive Order 11949 and DILWHO CODE 3510-22-U OMB Circular A-107. Wayne D. Adams, ProjectManager, Crab Orchard National Wildlife Refuge. July 2,1979. [FR Dom 79-21320 Filed 7-10-79; &45 am BILLING CODE 4310-55-il

DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 674

Alaska Salmon Fishery AGENCY: National'Oceanic and Atmospheric Administration/ Commerce. ACTION: Emergency regulations. SUMMARY: Emergency regulations implementing the Fishery Management Plan (FMP] for the "High Seas Salmon Fishery off the Coast of Alaska East of 1750 East Longitude" are continued in effect until August 22,1979, or until final regulations are promulgated. EFFECTIVE DATES: The emergency regulations are repromulgated effective July 9, 1979, until August 22, or the time when final regulations are promulgated, if sooner. FOR FURTHER INFORMATION CONTACT: Mr. Harry L Rietze, Director, Alaska Region,- National-Marine Fisheries Service, P.O. Box 1668, Juneau, Alaska 99802.-Telephone: 907-586-7221. SUPPLEMENTARY INFORMATION: On May 18,1979, emergency regulations were published governing fishing in the high seas salmon fishery off the coast of Alaska east of 175 ° east longitude (44 FR 40520 Proposed Rules Federal Register Vol. 44, No. 134 Wednesday, July 11, 1979

This section of the FEDERAL REGISTER The purpose of the hearing is to (h) Subtract for each month of April contains notices to the public of the receive evidence with respect to the 'through July the amount obtained by proposed issuance of rules and economic and marketing conditions multiplying the hundredweight of regulations. The purpose of these notices which relate to the proposed producer milk included in these Is to give interested persons an amendments, contained in this hearing computations by 20 cents. The amount opportunity to participate in the rule making prior to the adoption of the final notice, and any appropriate so subtracted, and the interest rules. modifications of them. to the tentative subsequently earned thereon (less any marketing agreement and to the order. money not available for crediting under The proposed amendments, set forth this paragraph because of insufficient DEPARTMENT OF AGRICULTURE below, have not received the approval payment by a handler to the producer- of the Secretary of Agriculture. settlement fund) shall be credited to the Agriculture Marketing Service producer-settlement fund and remain as Proposed by Associated Milk Producers, an obligated amount until disbursed [7 CFR Part 1049] Inc., Mid-States Region; Milk Marketing, pursuant, to paragraph (i) of thils section: Inc.; and McDonald Cooperative Dairy * * * Company: i) [Docket No. AO-319-A30] {) Divide the resulting sum by the ProposalNo. 1 hundredweightof producer milk Milk in the Indiana Marketing Area; included in these computations; Hearing on Proposed Amendments to Amend the provisions relative to the Tentative Marketing Agreement and Advertising and Promotion program as, k) Subtract the withholding rate for Order, follows: the Advertising and Promotion program as computed in § 1049.121(e); and A. Amend _§1049.61 as follows: AGENCY: Agricultural Marketing Service, (1) Subtract not less than 4 cents nor USDA. § 1049.61 Computation of uniform price more than 5 cents per hundredweight. ACTION: Public hearing on proposed (including weighted average price). The result shall be the "uniform price" rulemaking. * * * * * for milk received from producers, (a)* * * § 1049.71 [Amended] SUMMARY: The hearing is being held to (b) * * * consider an industry proposal to amend B. In § 1049.71(a)(2)(ii) delete the the Advertising and Promotion (c) Add an amount equal to one-half words "plus 5 cents". of the unobligated balance in the provisions of the Indiana milk marketing § 1049.75 [Amended] order. The proposal would increase the producer-settlement fund; funding rate for the Advertising and (d) Divide the resulting amount by the C. In § 1049.75(b) delete the words Promotion program and tie such rate to sum of the following for all handlers "plus 5 cents". included in these computations: the level of the blend price to producers. § 1049.76 [Amended] (1) The total hundredweight of DATE: July 24, 1979. D. In § 1049.75(a)(4) delete the words producer milk; and "plus 5 cehts". ADDRESS: Holiday Inn, Indianapolis, (2) The total hundredweight for which Indiana, Airport. a value is computed pursuant to E. Revise § 1049.120(c) and add a new FOR FURTHER INFORMATION CONTACT. § 1049.60(f); paragraph (d) to read: Martin J. Dunn, Marketing Specialist, (e) Subtract not less than 4 cents nor § 1049.120 Procedure for requesting Dairy Division, Agricultural Marketing more than 5 cents per hundredweight. refunds. Service, U.S. Department of Agriculture, The result shall be the "weighted • * * * * Washington, D.C. 20250, 202-447-7311. average price"; (c] A dairy farmer who first acquires (f) For the months of January through producer status under this part after the SUPPLEMENTARY INFORMATION: Notice is March and August, subtract from the 15th day of December, March, June or hereby given of a public hearing to be weighted average price computed in September, as the case may be, and held at the Holiday Inn, Indianapolis, paragraph (e) of this section the prior to the end of the ensuing calendar Indiana, Airport beginning at 9:30 a.m., withholding rate for the Advertising and quarter may, upon application filed with local time, on July 24, 1979, with respect Promotion program as computed in the market administrator pursuant to to proposed amendments to the § 1049.121(e). The result shall be the paragraph (a) of this section, be eligible "uniform ' ,tentative marketing agreement and to- price" for the applicable for refund on all marketings against the order, regulating the handling of milk month; which an assessment is withheld during in the Indiana marketing area. (g) For the*months specified in such calendar quarter pursuant to The hearing is called pursuant to the paragraphs (h) and (i) of this section, § 1049.121(b). provisions of the Agricultural Marketing subtract from the amount resulting from (d) A dairy farmer who, with respect Agreement Act of 1937, as amended (7 the computations pursuant to to any calendar quarter, has U.S.C. 601 et seq.), and the applicable paragraphs (a) through (c) of this section appropriately filed request for refund of rules of practice and procedure an amount computed by multiplying the program assessments on his marketings governing the formulation of marketing hundredweight of milk specified in of milk under another order that agreements and marketing orders (7 CFR paragraph (d)(2) of this section by the provides for an advertising and Part 900). weighted average price; promotion program will be eligible (on 40521 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules

respect to new producers, forward to Signed at Washington. D. C.. on July 6. the basis of his request filed under the 1979. each producer a copy of the provisions other order) for refund with respect to Vidliam T. Manley, his producer milk marketed under this of the advertising and promotion program (§ § 1049.110 through 1049.122). DepulytAd n dstrator.MarkeLin. Program order during such quarter for which Operations. deductions were made pursuant to (d) Audit the Agency's records of § 1049.121(b). receipts and disbursements. ttTL O. 796-=14MlFt!57-IO-M.&SAS a1 BILLP40 CODE 341C-02-M I F. Revise § 1049.121 to read: (e) As soon as possible after the beginning of each year, compute the rate § 1049.121 Duties of the market of withholding by multiplying the simple administrator. average of the monthly "weighted DEPARTMENT OF ENERGY Except as specified in § 1049.116, the average prices" for the last quarter of [10 CFR Part 782] market administrator, in addition to the preceding year by 0.75 percent and other duties specified by this part, shall rounding to the nearest whole cent. This perform all the duties necessary to Claims of Patent and Copyright rate shall apply during the 12-month Infringement administrater the terms and provisions period beginning with April of the of the advertising and promotion current year. AGENCY: Department of Energy. including, but not limited to, the program (f) As soon as possible after the rate ACTION: Proposed rule. following: in after the effective of withholding is computed. notify SUMMARY: The Department of Energy (a) Within 30 days on the amending order, and writing each producer currently (DOE) proposes regulations relating to date of this market and any new producer that annually thereafter, conduct a requirements for the filing of claims referendum to determine representation, subsequently enters the market of the against DOE where a potential claimant on the Agency pursuant to § 1049.113(c); withholding rate. This notification shall believes DOE is infringing privately- into an be repeated annually thereafter only if owned rights in patented inventions or (b)Each month set aside from the advertising and promotion fund, there is any change in the rate copyrighted works. The proposed separately accounted for, an amount previous period. regulations set forth guidelines as to equal to the withholding rate for the Proposed by the Dairy Division, what the Department considers month as set forth in paragraph (e) of Agricultural Marketing Service necessary to file a claim for patent or this section times the amount of copyright infringement. producer milk included in the uniform ProposalNo. 2 DATF Comments must be received on or price computation for such month. The Make such changes as may be before August 15.1979. amount set aside shall be disbursed as necessary to make the entire marketing ADDRESS: Send comments to Mr. James - follows: agreement and the order conform with E. Denny. Assistant General Counsel for (1) To the Agency each month, all any amendments thereto that may result Patents. U.S. Department of Energy, such funds less any necessary amount from this hearing. Mail Stop A2-3018, Washington, D.C. held in reserve to.cover refunds 20545. Telephone 301-353-4018. pursuant to paragraph (b)(2) and (3) of Copies of this notice of hearing and this section, and payments to cover the order may be procured from the FOR FURTHER INFORMATION CONTACT: expenses of the market administrator Market Administrator, M. C. Jenkins, Jack Q. Lever, Jr., Office of the Assistant incurred in the administration of the 5130 North Brouse Avenue, P.O. Box General Counsel for Patents, U.S. advertising and promotion program 55527, Indianapolis, Indiana 46205, or Department of Energy, Washington. D.C. (including audit). from the Hearing Clerk, Room 1077, 20545, 301-353-5093. (2) Refund to producers the amounts South Building, United States SUPPLEMENTARY INFORMATION: Section of mandatory checkoff for advertising' Department of Agriculture, Washington, 651 of the Department of Energy and promotion programs required under D.C. 20250 or may be there inspected. Organization Act (42 U.S.C. 7261) authority of State law applicable to such From the time a hearing notice is provides the Secretary of Energy with producers, but not in amounts that issued and until the issuance of a final the authority to acquire releases before exceed the rate per hundredweight decision in a proceeding, Department suit ig brought for past infringement of determined pursuant to paragraph (e) of employees involved in the decisional patents or copyrights by the Department this section on the volume of milk process are prohibited from discussing of Energy. In addition to the settlement pooled by any such producer for which the merits of the hearing issues on an ex authority of 42 U.S.C. 7261, the head of deductions were made pursuant to this parte basis with any person having an the Department has authority to settle paragraph. interest in the proceeding. For this claims of patent and copyright (3) After the end of each calendar particular proceeding the prohibition infringement pursuant to 42 U.S.C. 2223; quarter, make a refund to each producer applies to employees in the following 22 U.S.C. 2355; 35 U.S.C. 183; and 28 who has made application for such organizational units: U.S.C. 1498(b). refund pursuant to § 1049.120. Such In accordancd vith these authorities, Office of the Secretary of Agriculture. the Department of Energy (DOE) is refund shall be computed by multiplying Office of the Administrator, Agricultural the rate specified in paragraph (e) of this issuing proposed regulations setting Marketing Service. forth requirements for the filing of section by the hundredweight of such Office of the Ceneral Counsel producer's milk pooled for which claims against DOE where a potential Dairy Division. Agricultural Marketing claimant believes DOE is infringing deductions were made pursuant to this Servic (Washington office only). paragraph for such calendar quarter, privately-ow~ned rights in patented Office of the Market Administrator. Indiana works. The less the amount of any refund otherwise marketing area. inventions or copyrighted made to the producer pursuant to proposed regulations are designed to paragraph (b)(2) of this section. Procedural matters are not subject to inform potential claimants as to what (c) Promptly after the effective date of the above prohibition and may be information must be supplied in their this amending order, and thereafter with discussed at any time. communication to DOE regarding 'Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules 40522 I

§ 782.2 Objectives. alleged infringement before DOE will Since this document is unlikely to consider a claim to have been filed. The have any significant effect on the Whenever a claim of infringement of regulations identify certain commonly environment, DOE has determined that privately owned rights in patented received communciations which are the provisions of Section 7(a)(2) of the inventions or copyrighted works is concerned with rights in patents and Federal Energy Administration Act, as asserted against the Department of copyrights but which will not be amended, requiring that proposals Energy, all necessary steps shall be considered sufficient to constitute the having such effect be submitted to the taken to investigate, and to settle formal filing of a claim. Environmental Protection Agency for administratively, deny, or otherwise The requirements for filing of an review and comment, does not apply. dispose of such claim prior to suit administrative claim are important since DOE has determined that this against the United States. not contain a major the filing of a claim carries with it document does § 782.3 Authority. certain rights relating to the applicable proposal requiring preparation of an filing suit inflation impadt sthtement under The Assistant General Counsel for statute of limitations for to investigate, against the Government. In the case of Executive Order 11821 and OMB Patents is authorized patent infringement claims, Title 35 Circular A-107. settle, deny or otherwise dispose of all claims of patent and copyright United States Code § 285 provides that (Department of Energy Organization Act: the six year statute of limitations for Section 651, 91 Stat. 601, 42 U.S.C. 7261; infringement pursuant to 42 U.S.C. filing suits for patent infringement may, Atomic Energy Act of 1954; Section 107(d), 88 §§ 2201(g), 2223, 5817(d) and 7261, the in the case of claims against the. Stat. 1241. 42 U.S.C. 5817(d); Section.161(g), 80 Foreign Assistance Act of 1981, 22 Government. be tolled up to six years Stat. 443, 42 U.S.C. 2201(g); Section 172, 62 U.S.C. § 2356 (formerly the Mutual the date of receipt of a written Stat. 933,42 U.S.C. 2223; Foreign Assistance Security Acts of 1951 and 1954); the between Act of 1961, Section 2356, 75 Stat, 440, 22 compensation by the Invention Secrecy Act, 35 U.S.C. § 183; claim for U.S.C. 2356; Patents. Invention Secrecy Act; and 28 U.S.C. § 1498. Government and the date of mailing by Section 183, 66 Stat. 4, 35 U.S.C. 183; Judiciary the Government of a notice that the and judicial Procedure AcL Section 1498, 62 Subpart a-Requirements and claim has been denided. Copyright Stat. 601, 28 U.S.C. 1498.) Procedures infringement claims can be tolled Issued in Washington, D.C. this 3d day of indefinitely under 28 U.S.C. § 1498(b) July, 1979. § 782.5 Contents of Communication between the date of receipt of a written Lynn R. Coleman, Initiating Claim. claim for compensation and the date of GeneralCounsel. (a) Requirementsfor Claim.A patent mailing by the Government of a notice or copyright infringement claim for that the claim has been denied. The In accordance with the foregoing, Part compensation, asserted against the proposed regulations set forth guidelines 782 of 10 CFR is proposed as follows: United States as represented by the as to what the Department considers PART 782-LAIMS FOR PATENT AND Department of Energy under any of the necessary to file a claim for patent or applicable statutes cited in § 782.3 must copyright infringement. COPYRIGHT INFRINGEMENT be actually communicated to and Section 782.5(a) provides that in order Subpart A-General received by an agency, organization, claimant's for a potential -Sec. office or field establishment within the communication to DOE to formally 782.1 Purpose. Department of Energy. Claims must be instigate a claim, it must specifically 782.2 Objectives. in writing and must include the allege infringement by DOE, request 782.3 Authority. following: identify a patent or compensation, Subpart B--Requirementsand Procedures. (1) An allegation of infringement; copyright alleged to be infringed and (2) A request for compensation, either indicate an act or item which the 782.5 Contents of communication initiating claim. expressed or implied; potential claimant believes infringes the or patent or copyright. Section 782.6 Processing of administrative claims. (3) A citation of the patent(s) claimant's 782.7 Incomplete notice of infringement alleged to be 782.6 tells the potential claimant where copyrighted items(s) 782.8 Indirect notice of infringerhent.Q02 infringed; to forward communications regarding Authority: Department of Energy (4) In the case of a patent infringement the alleged infringement. Section, Organization Act; Section 651, 91 Stat. 601,42 782.5[b) of the regulation identifies claim, a sufficient designation to permit U.S.C. 7261; Atomic Energy Act of 1954: item(s) or information which, although not Section 107(d), 88 Stat. 1241, 42 U.S.C. identification of the necessary in order for a communication 5817(d); Section161(g). 80 Stat. 443,42 U.S.C. process(es) alleged to Infringe the to be considered sufficient to constitute 2201(g); Section 172. 62 Stat.933,42 U.S.C. pitent(s), giving the commercial the filing of a claim, is usually necessary 2223; Foreign Assistance Act of 1961. Section designation, if known, to the claimant or to process a claim and therefore if 2356,75 Stat. 440,22 U.S.C. 2356; Patents, in the case of a copyright infringement Invention SecrecyAct; Section 183, 68 Stat. 4. claim, the act(s) alleged to infringe the presented initially, may serve to 35 U.S.C. 183; Judiciary and judicial expedite the handling of the claim. The copyright; Procedure Act. Section 1493. 62 Stat. 601,28 (5) In the case of a patent Infringement proposed regulations provide for written U.S.C. 1498. notification upon completion of an claim, a designation of at least one investigation by DOE. Subpart A-General claim of each patent alleged to be 501(c) of infringed or, in the case of a copyright In accordance with Section § 782.1 Purpose. the Department of Energy Organization infringement claim, a copy of each work Act, DOE has determined that these The purpose of this regulation is to set alleged to be infringed; regulations present no substantial issue forth policies and procedures for the (6) As an alternative to paragraphs of fact or law, and are unlikely to have a filing and disposition of claims of (iv) and (v) above, certification that the substantial impact on the economy or infringement of privately owned rights claimant has made a bona fide attempt large numbers of individuals or in patented inventions or copyrighted to determine the item(s) or process(es) businesses. Accordingly, no public works asserted against the Department which is alleged to Infringe the patent(s), hearing is required. of Energy. or the act(s) alleged to infringe the Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules 40523 copyright(s), but was unable to do so, (10) A copy of the Patent Office file of infringement is alleged in accordance giving reasons, and stating a reasonable each patent if available to claimant. with § 782.5(a) shall not be considered basis for the claimant's belief that the (11) Pertinent prior art of which the as a claim for infringement. aware after patent(s) or copyrighted item(s) is being claimant has become § 782.8 Indirect Notice of Infringement infringed. issuance of the asserted patent(s). (b) Additional Informationfor Patent In addition to the foregoing, if claimant A communication by a patent or Infringement Claims. In addition to the can provide a statement that the copyright owner to addressees other information listed in paragraph, (a) of be limited to the than as specified in § 782.5(a). such as investigation may Department of Energy contractors this section the following material and specifically identified accused article(s) information is generally necessary in.the or process(es), or to a specific including contractors operating course of processing a claim of patent .acquisition (e.g. identified contract(s)), it government-owned facilities, alleging infringement. Claimants are encouraged may materially expedite disposition of that acts of infringement have occurred to furnish this information at the time of the claim. in the performance of a Government filing a claim to permit expeditious contract. grant. or other arrangement. Cc) Denialfor Refusal to Provide shall not be considered a claim .ithin processing and resolution of the claim. Information.In the course of (1) A copy of the asserted patent(s) investigating a claim, it miay become the meaning of § 782.5 until it meets the requirements specified therein. and identification of all claims of the necessary for the Department of Energy [FR 0=7: -21=431F 'd 7'-1040: M4 aml patent(s) alleged to be infringed. to request information in the control and (2) Identification of all procurements custody of claimant which is relevant to B LiNo cOE 6450-01-u known to claimant which involve the the disposition of the claim. Failure of accused item(s) or process(es), including the claimant to respond to a request for the identity of the vendor(s) or such information may alone be sufficient FEDERAL TRADE COMMISSION contractor(s) and the Government reason for denying a claim. acquisition activiy or activities. [16 CFR Part 423] (3) A detailed identification and - § 782.6 Processing of Administrative description of the accused article(s) or Claims. Care Labeling of Textile Products and process(es), particularly where the (a) Filing and Forwardingof Claims. Leather Wearing Apparel; Oral article(s) or process(es) relates to a All communications regarding claims Presentation Before Commission component(s) or subcomponent(s) of the should be addressed to: Assistant AGENCY: Federal Trade Commission. item acquired, and an element-by- General Counsel for Patents. Office of ACTION: Notice identifying subjects for element comparison of a representative the General Counsel, U.S. Department of discussion at oral presentation. claim(s) with the accused article(s) or Energy, Washington, D.C. 20545. process(es). If available, the If any communication relating to a claim SUMMARY: On July 2,1979, the Federal identification and description should or possible claim of patent or copyright Trade Commission announced that oral include documentation and drawings to infringement is received by an agency. presentations will be held before the illustrate the accused articile(s) or organization, office or field Commission on the proposed revisions process(es) in sufficient detail to enable establishment within the Department of to its trade regulation rule relating to the verification of readability of the claim(s) Energy, it should be forwarded to the care labeling of textile products and of the asserted patent(s) on the accused Assistant General Counsel for Patents. leather wearing apparel (44 FR 38370). article(s) or process(es). (b) Dispositionand Notiication.The The ten designated group (4) Names and addresses-of all past Assistant General Counsel for Patents representatives in this proceeding have and present licenesees under the shall investigate and administratively been invited to the oral presentation patent(s), and copies of all license settle, deny or otherwise dispose of each meeting. which will be held onJuly 18. agreements and releases involving the claim by denial or settlement. When a 1979. In addition, the Commission's patent(s). claim is denied, the Department shall so notice invited other participants to (5) A brief description of all litigation notify the claimant or his authorized submit requests to make oral in which the patent(s) has been or is representative and provide the claimant presentations. now involved, and the present status the reasons for denying the claim. DATE: Oral presentation begins at 1 p.m. thereof. Disclosure.of information shall be on July 18,1979 at an open Commission (6) A list of all persons to whom subject to applicable statutes, meeting. notices of infringement have been sent, regulations, and directives pertaining to including all departments and agencies AOORESS: Federal Trade Commission security, access to official records, and Building, Room 432 6th Street and of the Government, and a statement of the rights of others. the status or ultimate disposition of Pennsylvania Avenue, NW., each. §782.7 .Incomplete Notice of Washington, D.C. 20580. (7) A description of Government Infringement FOR FURTHER INFORMATION CONTACT:. employment or military service, if any, (a) If a communication alleging patent John F. LeFevre, Attorney, Room 528-A, by the inventor(s) and/or patent owner. or copyright infringement is received Indiana Building. Federal Trade (8) A list of all contracts between the which does not meet the requirements Commission, Washington, D.C. 20580, Government and inventor(s), patent set forth in § 782.5, the sender shall be (202) 724-1175. owner, or anyone in privity therewith advised in writing by the Assistant SUPPLEMENTARY INFORMATION: This which were in effect at the time of General Counsel for Patents: notice sets forth questions of concern to conception and/or actual reduction to (1) That his claim for infringement has the Commission that participants at the practice of the invention(s) covered by not been satisfactorily presented; and oral presentation may wish to address. the patent(s). (2) Of the elements considered The list of questions is not intended to (9) Evidence of title to the asserted necessary to establish a claim. be exhaustive, and oral presentations patent(s) or other right to make the (b) A communication, such as a mere need not be confined to these issues.. claim. proffer of a license in which no However, all presentations must be 40524 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules

confined to information in the should it expect from trade associations intending to export from the United rulemaking record. and industry members in enforcing the States any product which does not The questions are as follows: rule? comply with an applicable Commission 1. Is the record evidence sufficient to As noted above, this list is not standard, ban, or regulation to notify the show that current care labels for exhaustive, and participants in the oral Commission at least 30 days before the wearing apparel and piece goods are presentation are not limited to the proposed exportation and to furnish confusing, incomplete, or inaccurate? foregoing questions. However, the certain information to the Commission. (a) For example, how reliable are the Commission encourages participants to The Commission must then notify the surveys that suggest that current care address these issues, because they go to foreign government. labels are confusing, incomplete, or the need for any revisions to the current The comment period on the proposed inaccurate? Were the survey questions rule on care labeling. procedures would have expired on July specific enough to elicit meaningful Issued: July 5. 1979. 10, 1979. The Outdoor Power Equipment responses? Were the sampling By direction of the Commission. Institute and The Toro Company, in techniques reliable? Do the surveys Carol M. Thomas, separate letters, have recently requested indicate how-many covered products bear confusing, incomplete, or Secretary. a 60-day extension of the comment inaccurate care labels? How much [FR Doc. 79-21400 Filed 7-10-79; .45 am] period. Both cited the desirablility of weight should the Commission accord BILLING CODE 6750-01-M receiving comments from overseas firms these surveys? with which they do business. In addition, both cited timing difficulties (b) Does other evidence, such as CONSUMER PRODUCT SAFETY testimony by consumers, industry associated with preparing these members, and home economics experts. COMMISSION comments by July 10, the originial demonstrate that current care labels are deadline for comments. confusing, incomplete, or inaccurate? (16 CFR Part 1019] The proposed export notification How prevalent are these problems, in procedures will affect foreign and light of the testimony? How much weight Procedures for Export of domestic firms and the Commission should the Commission accord such Noncomplying Products; Proposed would like to receive comments from all evidence? Notification Requirements; Extension affected firms. In order to allow 2. Is the record evidence sufficient to of Comment Period sufficient time for foreign firms to show that confusing, incomplete, or AGENCY: Consumer Product Safety comment, the Commission has extended inaccurate care labels are causing Commission. the comment period, as requested. economic loss to consumers? Does the ACTION: Extension of time for As noted in the preamble to the May evidence demonstrate that consumer submission of comments.. 11 proposed regulation, the export losses are caused by inadequate labels, amendments became law on November or could other factors account for these SUMMARY: The Commission extends the. 10, 1978. Therefore, ahiy person or firm consumer losses? For example, does any time during which it will accept intending to export any of the of the evidence of consumer injury comments on the proposed notification noncomplying products described in the relate to inadequate labels that were requirements for the export of encountered before the current rule was statute is currently required (in the - noncomplying products. The additional absence of final regulations) to provide issued? Are any of the instances of time will make it easier for foreign firms, consumer injury attributable to " the following information to the which may be affected by the proposal, Commission atleast consumer errors in applying adequate to submit comments. 30 days before instructions? exporting the goods: the-anticipatea date DATES: Comments are now due no later of shipment; the country'and port of - 3. Given the current requirement for than September 10, 1979. care labels on wearing apparel and destination; and the quantity of goods to piece goods, why are market incentives ADDRESSES: Written comments and any be shipped. In the'May 11 document, the insufficient to ensure that these care accompanying materials should be Commission discussed other policies labels are complete and accurate? If submitted, preferably in five copies, to that will be in effect pending issuance of many products are inadequately the Secretary, Consumer Product Safety final export notification regulations. The labeled, would not consumers who Commission, Washington, D.C. 20207. Commission's Associate Executive suffer economic injury demand Comments received will be available for Director for Compliance and restitution from retailers? Would not public inspection in the Office of the Enforcement will receive notifications of 'these retailers, in turn, exert pressure on Secretary, 3rd floor, 1111 18th'Street, intent to export and requests for the manufacturers to supply adequate N.W., Washington, D.C. during working reductions of time for filing notice of care instructions? hours, Monday through Friday. intent to export. (His address is: 4. Would the issuance of more explicit FOR FURTHER INFORMATION CONTACT: Consumer Product Safety Commission, interpretative guidelines under. the Allen F. Brauninger, Attorney, Division Washington, D.C. 20207.] He will decide existing rule obviate the need for an of Enforcement, Consumer Produci such requests and he will notify foreign amendment insofar as wearing appar61 Safety Commission, Washington, D.C. governments of exports of noncomplying is concerned? 20207; telephone (301] 492-6629. products in accordance with the export 5. Since there is no reasonable basis SUPPLEMENTARY INFORMATION: amendments. provision in the current rule, what kind On May 11, 1979 the Commission In addition, pending the Issuance of of showing would be required in an published for public comment proposed final regulations, the Commission, as a enforcement proceeding where the notification requirements concerning matter ofpolicy, will not enforce the Commission is challenging the accuracy procedures for export of noncomplying notification requirements of the export or completeness of a label? products (44 FR 27685-90). The amendments for certain categories of 6. If the. Commission adopts the procedures would implement legislation products, These are fully described In revised ruie, how much assistance that requires any person or firm the May 11 document. Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules 40525

Dated: July 6, 1979. The contributions are made by the sales, and may be made by wholesale Sadye E. Dunn, utility on a voluntary basis: (2) the customers independently. The Secretary ConsumerProduct Safety contributions are made on the basis of Commission has no basis to believe that Commission. the contributor's retail sales; and (3) such similar RD&D programs should be IFR Dc. 79--213M Filed 7-1o-79 S4am] wholesale customers may make distinguished from LMFBR in-this BILLING CODE 6355-l1-M contributions on the basis of their own respect. retail sales to these research. Moreover, in addition to the rationale development, and demonstration efforts. stated in the Carolinaproceeding, the DEPARTMENT OF ENERGY A. Background Commission believes that there are three additional reasons to prevent a Federal Energy Regulatory Section 35.13 sets forth the filing utility from charging such RD&D Commission requirements for changes in rate contributions to its wholesale schedules required to be on file with the customers. First, substitution of the [18 CFR Part 35] Cdmmission under section 205 of the contribution in the utility's name for a Federal Power Act (Act). Similarly, contribution in the customer's name [Docket No., RM 79-58] § 35.12 sets forth the filing requirements deprives the customer of participation in Research, Development, and for initial rate schedules required to be the decision as to how the contribution Demonstration Expenses Relating to on file with the Commission also under will be spent. Second, to the extent that Rate Schedules Filed by Electric section 205 of the Act. Included in the the RD&D programs are worthwhile and Utilities information to be submittdd under contributions to them should be § 35.13 are the utility's costs in proiding encouraged, substitution of a AGENCY: Federal Energy Regulatory service to its customers. This contribution based upon the utility's Commission. information may also be submitted retail sales for a contribution based ACTION: Notice of Proposed Rulemaking. under § 35.12. These costs, if proper, upon the customer's retail sales results may be reflected in the utility's charges in a reduction of the ultimate SUMMARY: The Federal Energy for services and thus may be recovered contribution to the RD&D program. Regulatory Commission is proposing to from the utility's customers. One of the Third. the Commission believes it to be amend its Regulations under the Federal items that may be included in the cost of an undue burden on its proceedings to Power Act (18 CFR Part 35) by adding a providing service under both § 35.13 and inquire in every case as to which new §35.26. The new section provides § 35.12 is contributions made by the wholesale customers have contributed that certain research, development, and utility to research, development, and independently to particular RD&D demonstration contributions may not be demonstration (RD&D) efforts programs. especially since past charged to the utilities' wholesale reasonably relating to the existing or contributions, or lack of contributions, electric customers as part of initial rate future business of the utility. may not indicate whether such schedules filed under § 35.12 or as part The Commission, in the context of a contributions will.be made in the future. of changes in rate schedules filed under rate proceeding, has determined that § 35.13. Accordingly, the proposed regulation RD&D contributions by an electric utility prevents a utility from including in its COMMENT DATE: August 8,'1979. to the Liquid Metal Fast Breeder Reactor cost of service filing, and thus charging ADDRESSES: All filings should reference (LMFBR) program should not be charged to its customers, any contribution to a Docket No. RM79-58 and should be to the utility's wholesale customers. research, development, and addressed to: Office of the Secretary, CarolinaPower 8 Light Company, demonstration organization or activity Federal Energy Regulatory Commission, Docket No. ER76-495 (Phase II. Initial which is voluntary, is based upon retail 825 North Capitol Street, N.E., Decision issued September 7,1977, sales, and can be made independently Washington, D.C. 20426. affirmed in rlevantpart, Opinion No. by the utility's customers. 19 issued August 2,1978. The LMFBR FOR FURTHER INFORMATION CONTACT. B. Summary of The Proposed Regulation Luis S. Konski, Office of General program is an RD&D activity to which: Counsel, Federal Energy Regulatory (1) the utility contributes voluntarily; (2) Paragraph (a) of proposed § 35.26 sets Commission, 825 North Capitol Street, the contributions are made on the basis forth the general rule governing RD&D N.E., Washington, D.C. (202) 275-4227. of the contributor's retail sales; and (3) expenses as they relate to cost of Bonnie Cord, Office of General Counsel, the wholesale cuitomers could service items under Part 35. Federal Energy Regulatory contribute independently based upon" Subparagraph (1) provides that an Commission, 825 North Capital Street, their own retail sales. electric utility filing under § 35.13 or N.E., Washington, D.C. 20426, (202) The Commission's decision in the § 35.12 may not include in its cost of 275-4285. Carolinaproceeding was based upon a service filings, as a cost of service item, desire to avoid imposing involuntary contributions to research, development. SUPPLEMENTARY INFORMATION: contributions on the wholesale and demonstration activities or Issued July 5,1979. customers where the customers could organizations: (1) which are made - The Federal Energy Regulatory made independent contributions and to voluntarily by the electric utility; (2) Commission (Commission) is proposing avoid discouraging the customers' which are made by the utility on the to add a new section to its regulations independent contributions by virtue of basis of its retail sales; and (3) to which relating to wholesale electric rate subjecting them to a double the wholesaler customer may schedules filed with the Commission contribution. The purpose of the voluntarily contribute on the basis of its pursuant to section 205 of the Federal proposed rulemaking is to apply the own retail sales. Subparagraph (2) of Power Act (18 CFR Part 35). The new Carolinaprinciple to other RD&D paragraph (a) provides that any party to section would provide that contributions programs which are similar to the a proceeding before the Commission paid by electric utilities to research LMFBR program in all material respects; involving a filing under Part 35 shall not development, and demonstration that is, the contributions are voluntary, include in its calculations of RD&D organizations or activities may not be are based upon the contributor's retail expenses, relating to cost of service, any included in wholesale cost of service filings for ratemaking purposes if- (1) 40526 Federal Register / Vol. 44, No. 134 / Wednesday, 'July 11, 1979 / Proposed Rules

contributions specified in subparagraph Capitol Street, N.E., Washington, D.C. (1) "RD&D expenses" means "research, (1) (i) through (iii). 20426, during regular business hours. development, and Paragraph (b) contains the definitions (Federal Power Act, as amended,16 U.S.C. demonstration expenditures" as defined of RD&D expenses, organizations and 791 et seq., Department of Energy in the Commission's Uniform System of activities. It should be noted that the" Organization Act, 42 U.S.C. 7107 et seq., E.O. Accounts, Definition 27B (18 CFR Part proposed regulation uses the term 12009,42 Fed. Reg. 40267.) 101). "research, development, and In consideration of the foregoing, the (2) An "RD&D organization" means a demonstration," rather than "research Commission proposes to amend Chapter I of research, development, and and development" as used in the case Title 18, Code of Federal Regulations. as set demonstration organization (including a cited above, in order to be consistent forth below. research institute, industry association, with the contemporary industry usage, By-direction of the Commission. foundation, university, engineering § 35.22 of this company part, and Part 101 of this Kenneth F. Plumb, or similar contractor), the subchapter (Commission's Uniform purpose of which is to pursue RD&D System of Accounts). Secretary. activities. Subparagraph (1) of paragraph (b) PART 35-FILING OF RATE (3) An "RD&D activity" means a defines "RD&D expenses" in accordance SCHEDULES research, development, and with the definition of research, demonstration activity (including development, and demonstration 1. Part 35, Subchapter B, Chapter I, of experiment, design, installation, expenditures set out in the Title 18, Code of Federal Regulations, is construction or operation), reasonably Commission's Uniform System of amended in the"table of contents by relating to the existing or future electric Accounts (18 CFR Part 101 [Definition adding in the appropriate numerical public utility business or the 2713]). In Definition 27B, RD&D order a new section number and environment in which the business expenditures are broadly defined as heading to read as follows: operates. expenses incurred by public utilities, [FR Doc. 79-21422 Filed7-10-79:8:45 amj directly or indirectly, in pursuing 35.26 Research, development and BILLING CODE 6450-01-M research, development, and demonstration expenses. demonstration activities including, but - DEPARTMENT OF HEALTH, not-limited to, experiment, design,. 2. Part 35, Subchapter', Chapter 1, of installation, construction or oppration. Title 18, Code of Federal Regulations is EDUCATION, AND WELFARE Subparagraph (2) defines an "RD&D amended by adding a new § 35.26 to organization" as a research institute, read as follows: Social Security Administration industry association, foundation, university, engineering company or § 35.26 Research, development and [20 CFR Part 404] contractor that pursues research, demonstration expenses. [Reg. No..4] development, and demQnstrati6n (a) GeneralRule.Research, activities. Subparagraph (3) describes demonstration, and development Federal "RD&D activities" as research, Old-Age, Survivors, and expenses relating to cost of service shall Disability development, and demonstration Insurance; Quarters of be treated in accordance the following Coverage and Insured Status activities relating to the existing or rules. future electric utility business or the (1) Electric utilities.An electric utility AGENCY: Social Security Administration, environment in which the business which files for a change in rate schedule HEW. operates. under § 35.13 of this part, or which files ACTION: Proposed rule. C. Public Comment Procedures an initial rate schedule under § 35.12 of ;SUMMARY: The Department of Health, this part, shall not include in its filing as Interested persons may participate in a cost of service, any RD&D expenses Education, and Welfare (HEW) is this proposed rulemaking by submitting representing contributions to an RD&D revising its regulations to make them written clearer and easier for data, views or arguments to the organizatilon or activity if: the public to use. Office of the Secretary, Federal Energy As part of this effort, we are proposing a (i) The contributions are voluntarily Regulatory Commission, 825 North complete revision of Subpart B of 20 Capitol Street, N.E., Washington, D.C. made by the utility to the RD&D CFR Part 404. Subpart B contains the organization 20426, on or before August 8, 1979. or activity; rules for determining quarters of / (i) The contributions are made Each person submitting, a comment by the coverage (QC's) and insured status of a should include his or her name and utility on the basis of its retail sales; and worker when a person claims old-age, address, identify the notice (Docket No. (iii) Independent contributions may be disability, dependents, or survivors RM76-58) and give reasons for any made by the utility's wholesale electric benefits under title II of the Social recommendations. An original and 14 customer or customers to the RD&D Security Act. We have completely conformed copies should be filed with organization or activity on the basis of reorganized these regulations and the Secretary of the Commission. the customer's or customers' own rewritten the rules in simpler, briefer Comments should indicate the name, electric retail sales. language. We have not changed the title, mailing address, and telephone (2) Oiherparties.Any party to any substance of our current rules, but have number of one person to whom proceeding before the Commission removed outdated and rarely used communications concerning the involving a filing under Part 35 shall not provisions. proposal may be addressed. Written include in its calculations of RD&D DATES: Your comments will be comments will be placed in the expenses relating-to cost of service, considered if we receive them no later Commission's public files and will be contributions specified in paragraphs than September 10, 1979. available for-public inspection at the (a)(1)(i) through (iii) of this section. ADDRESSES: Send your written Commission's Office of Public (b) Definitions.For purposes of this comments to the Commissioner of Social Information, Room 1000, a25,North section the following definitions apply. Security, Department of Health, Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules 40527 I P.O. Box 1585, months before January 1973. We are 404.112 Quarters of coverage for calendar Education, and Welfare, years after 1977. Baltimore, Maryland 21203. removing this provision because it is outdated. 404.113 Crediting self-employment income Copies of all comments received in to calendar years for taxable years response to this notice will be available Current §§ 44.115(b](2)(ii), beg,nng after 1977. for public inspection during regular 404.116(b)(3)(ii), and 44.116(d)(3)(ii) set 404.114 When a quarter of coverage is business hours at the Washington out the conditions under which an acquired. application for a period of disability or 404.115 When a calendar quarter cannot be Inquiries Section, Office of Information, a quarter of coverage. Social Security Administration, disability insurance benefits filed before Department of Health, Education, and October 1972 is treated in the same way Isured Status Welfare, North Building, Room 1169, 330 as an application filed after September 404.120 Determining fully insured status. Independence Avenue, S.W., 1972 for applying certain rules dealing 404.121 Table for determining quarters of Washington, D.C. 20201. with disability insured status. We are coverage for fully insured status. removing these provisions because they 404.122 Fully insured status based on World FOR FURTHER INFORMATION CONTACT. are outdated. War R active military or naval service. John W. Modler, Legal Assistant, Office Current § 404.120(a) permits us to 404.123 Determining currently insured of Regulations, Social Security grant QC's based on a worker's railroad status. Administration, 6401 Security compensation for purposes of 404.125 Determining disability insured Boulevard, Baltimore, Maryland 21235, establishing a period of disability even status. telephone (301-594-7337). 404.128 When disability insured status must though that compensation may not be be met. SUPPLEMENTARY INFORMATION: We are used for other purposes under title II of 404.127 Fully insured status requirement for rewriting this subpart as part of HEW's Social Security Act. The authority "Operation the a period of disability or disability Common Sense", a for this provision was contained in insurance benefits. Department-wide effort to review, section 5(k)(1) of the Railroad 404.128 Quarters of coverage based on simplify, and reduce HEW's regulationls. Retirement Act (RRA) of 1937, but was military service to establish a period of This subpart is important because deleted by the RRA of 1974 (section 18 disability. insured status is a basic factor in of Pub. L. 93-445). We have contacted Authority- Sect. 205.217, 213,214.216. 217, determining if benefits are payable to a the Railroad Retirement Board about a 223, and 1102 of the Social Security Act, 53 worker or to others based on that technical amendment to the RRA that Stat. 1368. 64 StaL 504 and 505, 68 Stat. 1081, worker's earnings record. would reinstate the deleted material. 70 Stat. 815, and 49 Stat. 647; sec. 5 of Until this material is reinstated. Reorganization Plan No. 1 of 1953. 67 Stal Added Provision 631; (42 U.S.C. 405,412, 413,414.416, 417,423, however, the provision in § 404.120[a) no and 1302; 5 U.S.C. Appendix). We have included in proposed longer applies; therefore, we are §-404.120(d)(2), on crediting QC's for removing it. Subpart B-Quarters of Coverage and paid fully insured status based on wages (Catalog of Federal Domestic Assistance Insured Status before 1951, a provision to reflect the Program Nos. 13.802 Social Security- amendment made to section 215(d)(1}{C) Disability Insurance: 13.803 Social Security- General of the Social Security Act by section Retirement Insurance, and 13.805 Social § 404.101 Introduction. 142(b) of Pub. L. 92-603, enacted Security-survivors Insurance) October 30,1972. The amendment Dated. June 1.1979. (a) Quarters of coverage. This subpart provides that total wages before 1951 Robert P. Bynum. sets out our rules on crediting you with include wages considered paid to a Acting CommissionerofSocialSecurity quarters of coverage (QC's]. In general, person before 1951 under section 231 of you are credited with QC's based on the the Act (relating to benefits in case of Approved: June 30 1979. wages you are paid and the self- certain persons interned in the United Hale Champion, employment income you derive during States during World War ItW. These Acting Secretaryof Health, Education,and certain periods. (See Subpart K of this wage credits may affect a person's Welfare. part for a definition of "wages" and current eligibility or benefit amount. "self-employment income"). Quarters of PART 404-FEDERAL OLD-AGE, coverage are used in determining Deleted Provisions SURVIVORS, AND DISABILITY insured status. Our rules on how and Current § 404.103(d)(1)(x) contains INSURANCE when you acquire a QC are contained in conditions about crediting QC's based "Supart B of Part 404 of Chapter M of § § 404.109-404.115. on wages paid in a year before 1951 Title 20 of the Code of Federal (b) Insured status.This subpart also equal to $3,000. We are removing these Regulations is revised to read as sets out the requirements you must meet conditions since they were taken out by follows: to be fully insured, currently insured, or the Social Security Amendments of 1960 insured for disability. The insured status (section 206 of Pub. L. 86-778) and no Subpart B-Quarters of Coverage arid Insured Status of a worker is a basic factor in longer apply. determining if he or she is entitled to Current § 404.113a concerns General old-age or disability insurance benefits transitional insured status and applies Sec. or to a period of disability. It is also a only to certain claimants who have 404.101 Introduction. basic factor in determining if attained age 72 before 1969 and are not 404.102 Definitions. dependents' or survivors' insurance fully insured. We are removing this Quarters of Coverage benefits or a lump-sum death payment section from the-regulations because we 404.109 Quarters of coverage. are payable based on the worker's rarely use it, but we will apply this 404.110 Quarters of coverage for calendar earnings record. (Subpart D of this part provision in appropriate cases. years before 1978. describes these benefits and the type of Current § 404.115(b)(1) tells when 404.111 Crediting self-employment income insured status required for each.] disability insured status must be met for to calendar quarters for taxable years Whether you have the required insured disability insurance benefits payable for beginning before 197& status depends on the number of QC's 40528 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules

you have acquired. If you are neither before 1978. These higher amounts were paid $100 or more but less than fully nor currently insured, no benefits reflect changes in earnings levels. •$2o. are payable on your earnings record. In Section 404.112 also tells how the (2) When we assign QC's in a year as § § 404.120-404.123 we tell how we amount required for a QC will be described in paragraph (c)(1) of this determine if you are fully or currently increased in the future as average wages section, you might not meet (or might insured. The rules for determining if you increase. Section 404.113 tells how self- not meet are insured as early in the year as for purposes of establishing employment income derived in a taxable otherwise possible] the requirements a period of disability or entitlement to for year beginning after 1977 is credited to a fuly or currently insured status, for disability insurance benefits are specific calendar yearg for purposes of contained in § § 404.125-404.128. entitlement to. a computation or " § 404-U2. recomputation of your primary § 404.102 Definitions. (d) Section 404.114 tells when a QC is insurance amount, or to establish a acquired and § 404.115 tells when a period of disability. For the purpose of this subpart- calendar quarter cannot be a QC. If this happens, we The assign the QC's to different "Act" means the Social Security Act, rules in § 404.114 and § 404.115 apply quarters In as amended. when we credit QC's for calendar years that year than those specified in "Attain an age" means you reach a before 1978 and for calendar years after paragraph (c)(1) of this section if the required age (for example, age 6Z). You 1977. reassignment permits you to meet these reach an age on the day before your requirements (or meet them earlier in birthday. For example, if you were 62 § 404.110 Quarters of coverage for the year). We can only reassign QO's for years old on July 30, 1978, you attained calendar years before 1978. purposes of meeting these requirements. age 62 on July 29, 1978. (a) GeneralThe rules in this section [d} Quarters of coverage based on "Quarter" or "calendar quarter" tell how we credit calendar quarters as wages paid or self-employment income means a period of three calendar quarters of coverage (QC's] for calendar derived in a year. (1) If you were paid months ending March 31, June 30, years before 1978..We credit you with a September 30, or December wages in a calendar year after 1950 and 31 of any QC for a calendar quarter based on the before 1978 year. at last equal to the annual "We," "our," amount of wages you were paid and wage limitation in effect for that year as or "us" means the Social self-employment income you derived Security Administration. described in § 404.1027(a), we credit you "You" or during certain periods. The rule.in with a QC for each quarter in that "your" means the person paragraphs (b], Cc), and (d) of this whose quarters of coverage are counted calendar year. If you were paid at least section are subject to the limitations in $3,000 wages to determine his or her insured status. § 404.115, which tells when a calendar in a calendar year before quarter cannot be a QC. 1951, we credit you with a QC for each Quarters of Coverage quarter in that calendar year. (b) Quartersof coverage basedon § 404.109 Quarters of coverage.' wagespaid in, or self-employment (2) Ifyou derived self-employment (a) A quarter of coverage (QC) is the income creditedto, a calendarquarter. income (or derived self-employment basic unit of social security coverage We credityou with a QC for a calendar income ana also were paid wages) used in determining a worker's insured quarter in which- during a taxable year beginning after status. We credit you with QC's based (1) You were paid wages of $50 or 1950 and before 1978 at least equal to on your earnings covered under social - more (see paragraph (c) of this section the self-employment income and wage security. Before 1978, wages were for an exception relating to wages paid limitation in effect for that year as generally reported on a quarterly basis for agricultural labor); or described in § 404.1088(b), we credit you and self-employment income was (2] You were credited (undef with a QG for each calendar quarter reported on an annual basis. § 404.111) with self-employment income wholly or partly in that taxable year. (b) For the most part, the crediting of of $100 or more. QC's for calendar years before 1978 is §404.111 Crediting self-employment based on quarterly earnings. (c) Quarters of coverage basedon income to calendar quarters for taxable For these wages paidfor agricultural years, as explained in § 404.1101 we laborin a years beginning before 1978. generally credit you with a QC for each calendaryear after 1954. (1) The In crediting quarters of coverage calendar quarter in which you were paid crediting of QC's based on wages for agricultural labor depends (QC's) under § 404.110(b)(2), we credit at least $50 in wages or were credited on the any amount of wages paid during a calendar self-employment income you with at least $100 of self-employment derived during a taxable year that income. Section 404.111 tells how self- year for that work. If you were paid wages for agricultural labor in a begins before 1978 to calendar quarters employment income derived in a taxable- as follows: year beginning calendar year afier 1954 and before before 1978 is-credited to (a) If your taxable year specific calendar quarters. for purposes 1978, we credit you with- is a calendar of § 404.110. (i) A QC for each quarter of that year year, we credit your self-employment. (c) After 1977, both wages and self- which is not otherwise a QC, if you were income equally to each quarter of that employment incdme are generally paid $400 or more; calendar year. reported on an annual basis. For (ii) A QC for each of the last three (b) If your taxable year is not a calendar years after 1977, as explained. quarters of that year which is not calendar year (i.e., it begins on a date in § 404.112, we generally credit you otherwise a QC, if you were paid $300 or other than January 1, or is less than a with a QC for each part of your total more but less than $400; calendar year], we credit your self- covered earnings in a calendar year that (iii) A QC for each of the last two employment income equally- equals the amount required for a QC in, quarters of that year which is not (1] To the calendar quarter in which that year. The required amounts for a otherwise a QC, if you were paid $200 or your taxable year ends; and QC for calendar years 1978 and 1979 are more but less than $300; or (2) To each of the nexbthree orfewer higher than the required amounts of $50 (iv) A QGfor the last quarter of that preceding and quarters that are wholly or $100 for a QC for calendar years year which is not otherwise a QC if you partly in your taxable year. Feddral Register / Vol. 44, No. 134 1 Wednesday, July 11, 1979 / Proposed Rules 40529

§ 404.112 Quarters of coverage for income for calendar year 1978 and 12 (.q00) (iv) The year you attained age 65, if calendar years after 1977. of your self-empldyment income for calendar you are a man who attained age 62 (a) Creditingquarters of coverage.For year 1979. before 1973. calendar years after 1977, we credit you § 404.114 When a quarter of coverage Is - (3) An eligible survivor who files an with a quarter of coverage (QC) for each acquired. application will be entitled to benefits part of the total wages paid and self- If we credit you with a quarter of on your earnings record if you died fully employment income credited (under coverage (QC) for a calendar quarter insured. You vill have died fully insured § 404.113) to you in a calendar year that under paragraph (b), (c), or (d) of if you had one QC (whenever acquired] equals the amount required for a QC in § 404.110 for calendar years before 1978 for each calendar year elapsing after that year. In crediting QC's under this or assign it to a specific calendar 1950 or, if later, after the year you section, we are subject to the limitations quarter under paragraph (b) of § 404.112 attained age 21. and before the earlier of in § 404.115. In addition, we may not for calendar years after 1977, you the following years: credit you with more than four QC's for acquire the QC as of the first day of the (i) The year of your death; or any calendar year. The amount of wages calendar quarter. and self-employment income that you (ii) The year you attained retirement must have for each QC is- § 404.115 When a calendar quarter cannot age as shown in paragraph (b)(21 of this (1) $250 for calendar year 1978; be a quarter of coverage. section. (2) $260 for calendar year 1979; and This section applies when we credit Cc) Ho;,-a period of disabilityaffects (3) An amount determined by the you with quarters of coverage (QC's) the number of QC's you need. In Secretary (on the basis of a formula in under § 404.110 for calendar years determining elapsed years under section 213(d)(2) of the Act which before 1978 and under § 404.112 for paragraph (b) of this section. we do not reflects national increases in average calendar years after 1977. We cannot count as an elapsed year any year all or wages) for each calendar year after credit you with a QC for- part of which is in a period of disability 1979, and published in the Federal (a) A calendar quarter that has not established for you. Register on or before November 1 of the begun; (d) Quartersof coverageforfidly preceding year. (b) A calendar quarter that begins insuredstatus based on wages paid (b) Assigning quartersof coverage. after the quarter of your death; before 1951-(1] Ceneral For purposes We assign a QC credited under (c) A calendar quarter that has of paragraph (b) of this section, we may paragraph (a) of this section to a specific already been counted as a QC; or use the following rule in crediting QC's calendar quarter in the calendar year (d) A calendar quarter that is included based on your wages before 1951 only if the assignment is necessary to- in a period of disability established for instead of the rule in § 404.110(b](1). We (1) Give you a fully or currently you, unless- may consider you to have one QC for each $400 of your total wages insured status; (1) The quarter is the first or the last before (21 Entitle you to a computation or quarter of this period; or 1951, as defined in paragraph (d][2) of recomputation of your primary [2) The period of disability is not this section, if- insurance amount; or taken into consideration (see § 404.312). (i] You have at least 7 elapsed years (3) Permit you to establish a period of (see paragraph (b)(2) or (b3)of this disability. Insured Status section); and § 404.120 Determining fully Insured status. (ii) We determine that you are fully § 404.113 Crediting self-employment insured based on the number of QC's income to calendar years for taxable years (a) General.We describe the basic beginning after 1977. determined under this paragraph plus rules for determining how many quarters the number of QC's credited to you for In crediting quarters of coverage of coverage (QC's) you need to be fully periods after 1950. insured in paragraph (b) (QC's) under § 404.112(a), we credit self- of this section. (2) Total wages before 1951. For employment income you derive during a The table in § 404.121 may be used to taxable year that begins after 1977 to determine the number of QC's needed to purposes of paragraph (d](1) of this be fully insured under paragraph (b) of section, total wages before 1951 calendar years as follows: include- (a) If your taxable year is a calendar this section. We also consider certain year or begins and ends within the same World War II veterans to have died fully (i) Remuneration credited to you calendar year, we credit your self- insured (see § 404.122). before 1951 on the records of the employment income to that calendar (b) Quartersof coverageneeded tQ be Secretary; year. fully insured.(1) You need at least 6 (ii) Wages considered paid to you (b) If your taxable year begins in one QC's but not more than40 QC's to be before 1951 under section 217 of the Act calendar year and ends in the following fully insured. A person who died before (relating to benefits in case of veterans]; calendar year, we allocate 1951 with at least 6 QC's is fully insured. (iii) Compensation under the Railroad proportionately your self-employment (2) You are fully insured for retirement Retirement Act of 1937 before 1951 that income to the two calendar years on the benefits if you have one QC (whenever can be credited to you under title II of basis of the number of months in each acquired) for each calendar year the Act: and calendar year which are included elapsing after 1950 or, if later, after the (iv) Wages considered paid to you completely within your taxable year. year in which you attained age 21. and before 1951 under section 231 of the Act We consider the calendar month in before the year you attain retirement (relating to benefits in case of certain which your taxable year ends as age, that is, before- persons interned in the United States included completely within your taxable (i) The year you attain age 62, if you during World War l). year. are a woman; (e) When fully insuredstatus begins. Example. For the taxable year beginning (ii) The year you attain age 62. if you You are fully insured as of the first day June 1.1978, and ending May 31, 1979. your are a man who attains age 62 after 1974; of the calendar quarter in which you self-employment income is $1,200. We credit (iii) The year 1975, if you are a man 7 acquire the last needed QC (see you with 2 ($700) of your self-employment who attained age 62 in 1973 or 1974; or § 404.114). 40530 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 1 Proposed Rules

§ 404.121 Table for determining quarters following table to determine the number Paragraphs (b)and (c) of this section tell of coverage for fully Insured status. of quarters of coverage (QC's] you need you how to use this table. (a] General.You may use the to be fully insured under § 404.120.

column II Column I Ws Column III a co!umn IV3 Column V ' Date of Birth Year of death Qcfs Ag Inycar of dath

Man Womren Jan. t,189aoreera ...... 6 6 1957 orearler . 6 2a..r2S o ri Jan. 2. 1893 toJan. 1, 1894.. .7 G 1958 . -7 29 Jan. 2 1894 to Jan. 1,1895 8 6 1959. . ... a 30 Jam Z 1895 toJn. 1, 189_-- 9 6 1980 9 31 Jam.Jan. 22. 1897189 t6to Jan. 1.,18981,1897 . . . .11 10 a7 '1919 1.-..- It 3332 Jan. 2,1898 to Jan. 1,1899 ...... 12 9" 1983 12 34 Jan. 2, 1899 to Jan. 1.,1900 ...... 13 10 1964,.i 13 as, Jan.2.1900toJan.1.1901 . 14 11 1985 14 36 Jan. 2.1901 to Jan. 1,1902 15 12 1986 - 15 37 Jan. 2. 1902to Jan. 1, 1937 -...... is 13, 1967 . ... 16 33 Jan. 2.1903 to Jan. 1.1904 17 14 1968- - 17 39 Jan. ,19D4 toJan. 19. 18 15 1969 _ 18 40 Jam ,19t05to Jam. 1, 1906 11.....91 1& 1970 19 41 Jan. 2,1906 to Jan. 1. 1907* - 20 17 1971. 20 42 Jan. 2 1907 to Jan. 1.1903 21 18" 1972...... 21 43 Jan. 2 1908 to Jan. 1, 190...... 2 19 1973 ...... 22 44 Jan. 2.1909 to Jan. 1. 1910 -23 20 1974 . .23 43 Jan. 2 1910 to Jan. 1,1911 24 21 1975.- - 24 46 Jan. 2. 1911 toJan. 1,1912 - 24- 22 197 - 25 47 'Jan. 21912 to Jan 1. 1913 ...... 24 23- 1977 26 45 Jan. 2.1913 to Jan. 1,1914 - 24 24 1978. 27 49 Jan. 2. 1914 to Jan. 1,1915 . 25_ 25 1979. 28 50 Jan. 2. 1915 to J 1.1916 , 26 26 1980..-...... 29 Jan. 2,1916 to Jam, 1. 1917 ,- .. .. .27 27 1910 ... 51 Jan.2Zl91TtoJan. 1,1918.27.27...... 2..2.. 198..-...-...... 9 1 5352 Jan. 2, 19181o Jan. 1,1919. ... . _-..... 29 29' 1983. 3 54

Jan. 2P 1919 to Jan.,1920...... - .... 30 30 1984 33 55 Jam 2.1920 to Jam. 1. 1921 .. 31 31 198s-! 34 66 Jan. 2 1921 toJar. 1,1922 .-- 32 32 19867 ...... 35 57 Jan.Z 1922 to Janm1. 1923. . .. 33 33 1987, 36 Ga Jan. 2 1923 to Jan. 1,1924. _...... 34 34 198 ...... 37 59 Jan. Z.1924 to Jan. 1, 12...... 35 35 19w_ 33 Go Jan. Z.IM2 to Jan. 1. 1926- .-.. . . 36 36 1990. 9 61 Jan. 2, 1926 to Jn. 1,927...... 37 37 1991 orlater...... Jam.Z,192T to Jan' t,12...... -....3a 3a 40 62 Jan. 2. 92T to Jan. 1, 1929... . 39 39

Jan.2. 1929 or later...... 40 40r Number' of W1s required for fuly insured status; rmng worker or worker who dies after reaching reirement age Wor'xr born before Ja. 2, 1930 who, fddsbefore reaching retirement 3 age. Number of QCrs required for fully insured stas 4Worker born Jan. 2 1930 or later, who d!es before reaching retirement age. SWcf-trrwah reaches rerement age as descried ia §404.120(b)(2). Woftkez who dies before reaching retiremnage-as dewcrbed in § 404.120(b)(2).

(b) Requiredquarters of coverage. period of disability. coverage [QC's) during the 13-quarter The QC's you need for a fully insured period ending with the quarter in which status are in column I opposite your § 404.122 Fully insured status based on you- date of birth in column L If a worker World War 1i active military or naval service. (1) Die; dies before attaining retirement age as (2) Most recently became entitled to described in § 404.120(b)(2), the QC's We consider a person, not otherwise disability insurance fully insured. to have benefits; or needed for a fully insured status are died fully insured (3) Became entitled to old-age shown in column IV opposite- if- insurance benefits. (1) The year of death in column II, if (a) Tlfe person was in. the active (b) Quarters-not military or naval service counted as part of the the worker was born before January 2, of the United 13-quarterperiod.We States duringWorld War II; do not count as 1930; or part ofrthe 13-quarter period any quarter (2) The age in the year of death in (b) The person died within three years all or part of which is included after separation from service and before in a column V, if the worker was born after period of disability established for you, January 1, 1930. July 27, 1954; and I except (c) The conditions that the first and last quarters of (c) Periodof disabilitynot counted.If in § § 404.1315 and the period of disability 404.1316 that may be counted you had a period of disability permit us to consider the if they are QC's (see § 44.115(d)). established for you, it affects the person fully insured are met number of QC's you need to be fully § 404.125 Determining disability Inaured § 404.123 Determining cutrently Insured status. insured (see § 404.120(c)). In determining status. if you are fully insured, reduce by one (a) Period (a) General.We have three different the number of QC's determined under fardeterminiRg currently rules insurbdstatus. You are currently insured for determining If you are insured paragraph (b) of this section for each for purposes if you have at least 6 quarters of of establishing a period of year all or part of which is in your disability or entitlement to disability Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules 40531 insurance benefits. To have disability (i) The 17th month (if you have to [20 CFR Parts 404 and 4161 insured status under any of these rules, serve a waiting period described in you must be fully insured (see § 404.127 § 404.308) before the month in which you Social Security; Amount of Benefits which tells when the period for file an application for disability Reporting Requiremenxts lnterim determining the number of quarters of. insurance benefits; or Assistance Provsipis; Agreements; coverage (QC's) you need for a fully (ii) The 12th month (if you do not have Payments insured status ends].- to serve a waiting period) before the AGENCY. Social Security Administration. (b) RuIe 1-20/40 requirement You month in which you ile an application H- . for disability insurance benefits. are insured in a quarter for purposes of ACTION: Notice of Decision to Develop establishing a period of disability or (2) If you do not have disability Regulations. entitlement to disability insurance insured status in a month specified in. benefits if in that quarter- paragraph (b)(1) of this section. you will. SUMMARY. HEW plans to re rite and (1)You are fully insured- and be insured for disability insurance reorganize several subparts of the (2) You have at least 20 QC's in the 40- benefits beginning with the first month regulations under titles II and XVI of the quarter period (see paragraph (e) of this after that month in which you do meet Social Security Act. The objectives are: section) ending with that quarter. the insured status requirement and you (1) To comply with Executive Order (c) Rule 1I--disabledbefore age 31. also meet all other requirements for 12044 and to meet the Department's You are insured in a quarter for disability insurance benefits described "Operation Common Sense" standards purposes of establishing a period of in § 404.306. by making the regulations clearer and disability or entitlement to disability § 404.127 Fuoy insured status requirement easier to understand. (2] to remove insurance benefits if in that quarter- for a period of disability or disablity obsolete and rarely used provisions; and (1] You have not attained (or would Insurance benefits. (3) as appropriate, to examine the not attain) age 31; In determining if you are fully insured policies included in the regulations and (2)1You are fully insured; and for purposes of paragraph (b), (c), or (d) consider additions, revisions, and (3] You have QC's in at least one-half of § 404.125 on disability insured status. clarifications. The revised subparts will of the quarters during the period ending we use the fully insured status be published with Notice of Proposed with that quarter and beginning with the requirements in § 404.120, but apply the Rulemaking. The regulations presently quarter after the quarter you attained following rules in determining when the being rewritten are: age 21; however- period of elapsed years ends: (1) 20 CFR Part 404, Subpart E (i) If the number of quarters during (a) If you are a woman, or a man born this period is an odd number, we reduce after January This subpart contains the rules we use 1, 1913, the period of for making deductions the'number by one; and elapsed years in § 404.120(b) used in from benefits, (ii) If the period has less than 12 determining the number of quarters of reducing benefits and fornot paying quarters, you must have at least 6 QC's coverage (QC's) you need to be fully benefits in the Old-Age, Survivors and in the 12-quarter period ending with that insured ends as of the earlier of-' Disability Insurance Programs. quarter. (1) The year you attain age 02; or (2) 20 CFR Part 416, Subpart D (d) Rule HI-statutoryblindness. You (2) The year in which- - The rules in this subpart describe how are insured in a quarter for purposes of (i) Your period of disability begins; we determine the'amoant of monthly establishing a period of disability or (ii) Your waiting period begins; or benefits payable to an eligible entitlement to disability insurance (iii) Your entitlement to disability individual and eligible couple under the benefits if in that quarter- insurance benefits begins (if you do not supplemental Security Income Program. (1) You are disabled by blindness as have to serve a waiting period). defined in § 404.15t)(b)(1)[ii]; and (b) If you are a man born before (3) 20 CFR Part 416, Subpart G (2) You are fully insured. January 2,1913, the period of elapsed This subpart describes what events, (e) Determining40-quarter or other years in § 404.120(b) used in determining such as an increase or decrease in period.In determining the 40-quarter or the number of QC's you need to be fully income or a change inliving other period in paragraph (b) or (c) of insured'ends as of the earlier of- arrangements, an eligible individual and this section, we do not count any (1) The year 1975; or eligible spouse under the Supplemental quarter all or part of which is in a prior (2) The year specified in paragraph Security Income Program mast report to period of disability established for you, (a)(2) of this section. us and the time period for reporting. In unless the quarter is the first or last addition, this subpart describes the quarter of this period and the quarter is § 404.128 Quarters of coverage based on penalties we impose for failure to report a QC. military service to establish a period of disability. and failure to report in a timely manner. § 404.126 When disability Insured status For purposes of establishing a period (4)20 CFR Part 416, Subpart S must be met. of disability only, we give you quarters This subpart explains that we may (a)Period of disability.To establish a of coverage for your military service enter into an agreement with a State period of disability, you must have before 1957 (see Subpart N of this part), whereby we reimburse the State (or a disability insured status in the quarter in even though we may not use that political subdivision of the State) for which you become disabled or in a later military service for other purposes of interim assistance payments it makes to quarter in which you are disabled. title II of the Act because a periodic an individual w~ho files an application (b) Disabilityinsurance benefits. (1) benefit is payable from another Federal and is eligible for supplemental security To become entitled to disability agency based in whole or in part on the income benefits. This subpart also insurance benefits, you must have same period of military service. describes beneficiary authorization to disability insured status in the first full [FR M=7U22 4 MncO7-M :V withhold supplemental security income month that you are disabled as IMWLNG COOE 4110-07-1 benefits to reimburse the State for described in § 404.1501(a), or if later-- interim assistance. 40532 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules

HEW has classified the recodificati.on Washington, D.C. 20460. Telephone: 202-- formulation of standards and methods of of these regulations as "policy 426-82§0. control. significant". Thomas C..Jorling, 2. Background. Prior to 1962, FOR FURTHER INFORMATION CONTACT: AssistantAdministrator for Water and Waste complaints concerning loud commercials Charles Rollins, Room 4234 West High Management; were treated as simple technical Rise Building, 6401 Security Boulevar d, July 5,1979, problems. The complex nature of Baltimore, Maryland 21235, (301) 594- - [FR Doc. 79-21311 Filed 7-10-79 845 am] loudness was not fully appreciated and 6666. BILLING CODE 6560-01-M investigators concentrated on measuring basic transmission characteristics such Dated: 12, 1979. June as power and modulation. Insofar as Stanford G. Ross, - FEDERAL COMMUNICATIONS finding the causes of loudness was Comnmissionerof SocialSecurity. COMMISSION c6ncerned, their efforts proved fruitless, [FR Doc. 79-21380 Filed 7-10-79;8:45 am] They did not discover any evidence BILLING CODE 4110-07-M [47 CFR PART 73] showing that stations were deliberately manipulating their radio signals to emphasize commercial messages. [20 -[BC Docket No. 79-168; FCC 79-412] CFR Parts 404 and 416] 3. In 1962, the Commission issued a [Regs. No. 4, 16] Eliminating Objectionable Loudness of Notice of Inquiry into the causes and Commercial Announcements and cures of annoying or objectionably loud Federal Old-Age, Survivors, and Commercial Continuity over AM, FM commercials. Unfortunately, this effort Disability Insurance Benefits, and Television Broadcast Stations was severely handicapped by the Supplemental Security Income for the Adopted: July 5,1979. absence of any equipment suitable for Aged, Blind, and Disabled; Determining Released: July 9, 1979. measuring the loudness of complex Disability and Blindness sounds. Everyone recognized that there AGENCY:.Federal Communications Correction was a problem but no one could Isolate Commission. it or suggest means for controlling it. In FR Doc. 79-20415 appearing in the ACTION: Notice of Inquiry. 4. This effort terminated in a issue of Tuesday, July 3, 1979, the statement of policy adopted on July 9, comment closing date given both in the SUMMARY: The Commission, on its own -1965. While conceding that there was first column of page 38880 and in the motion, proposes a Notice of Inquiry then no acoustic or electrical tool for middle column of page 38883 as "August concerning loud commercials. The determining precisely whether or not a 2. 1979" should have read "September 4, purpose of this Notice of Inquiry is to given sound was objectionably loud, the 1979". solicit comments and information from Commission concluded that BILLING CODE 1505-01 the public regarding current objectionably loud commercials were a developments in measuring loudness, substantial problem, were contrary to ENVIRONMENTAL PROTECTION their application to broadcasting and the the public interest and that their formulation of standards and methods of presentation was to be avoided. The AGENCY control. rules concerning modulation were DATES: Comments must be filed on or changed slightly and guidance was [40 CFR Part 146] before December 15, 1979, and reply offered on how to avoid excessive [FRL 1269-4] comments on or before February 15, contrasts between programs and 1980. commercials. Reproposed Underground Injection ADDRESSES: Federal Communications 5. Between 1965 and 1973, FCC field Control Regulations Commission, Washington, D. C. 20554. units conducted spot surveys to determine if stations were intentionally AGENCY: Environmental Protection FOR FURTHER.INFORMATION CONTACT: raising audio and modulation levels Agency. Bill Hassinger, Field Operations Bureau, during commercials. Although (202) it was ACTION: Proposed Rule; Notice of 632-7014. apparent that many broadcasters used Extension of Public Comment Period. SUPPLEMENTARY INFORMATION: A report audio processing equipment, they were by the Field Operations Bureau entitled SUMMARY: This notice extends the used equally with programs and "Evaluating Loud Commercials: An period commercials. One engineer noted that for comments to the notice Experimental Approach," FCC/FOB 78- "commercials tended to be published April 20, 1979 (44 FR 23738) as loud as 01, was released in February 1978, and the lender portions ofthe program; proposing State Underground Injection may be ordered from the Downtown Control Regulations therefore, they sounded louder." pursuant to Part C Copy Center, 1730 K Street, N.W., of the Safe Drinking 6. During this same period, Water Act (Pub. L. Washington, D.C. 20006, (202) 452-1422. '93-523, 42 U.S.C. 3ooh). researchers continued their efforts to A copy of the report has been placed in develop a device for mehsuring DATE: The comment period has been the public docket for inclusion in this loudness. One company-CBS extended to September 12, 1979. This proceeding. Laboratories-invented a loudness level extension is intended to coincide with 1. Purpose. For many years, the monitor and incorporated the comment period provided for the its circuitry Commission has been receiving into an automatic lpudness controller. It proposed Consolidated Permit complaints that television commercials Regulations 40 CFR 122, 123, and 124 achieved only limited success. are too loud. The purpose of this Notice 7. Both the Commission and Congress published June 14, 1979 (44 FR 34244). of Inquiry is-to solicit comments and continued to receive complaints and on FOR FURTHER INFORMATION CONTACT: information froni the public and other July 29,1975, the Commission reissued Thomas E. Belk, Environmental interested parties, regarding current its earlier policy statement to remind Protection Agency, Office of Drinking developments in measuring loudness,, licensees of their continuing Water (WH-550), 401 M Street S.W., their application to broadcasting and the responsibility to prevent the Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules 4003

presentation of commercials which are when applied to a sufficiently large (e) To what extent (how loud and how too loud. sample (e.g., 100 commercials) the many) are commercials objectionably 8. In 1977, the Enforcement Division of results will be approximately equal to. loud? the Field Operations Bureau conducted those we could have obtained by (f0 To what extent is there another test using a small panel of polling a cross-section of viewers. objectionable loudness in other types of listeners and the CBS loudness level (2) material such as public service monitor "LLM').ThA staff evaluated a Standards.Given that a wide announcements or station promotionals? total of 178 commercials and a variety of dynamic range is desirable in (g) What causes objectionable programs which had been recorded off broadcasting. and that the loudness in commercials? Is it "built-in" the air from several locations in the Commission does not want to be put (style of delivery, background music, country. As a result of this study, it was into the position of questioning the overall arrangement, etc.)? Does audio observed that: appropriateness of individual processing by the producer cause it? Are "Approximately 50% of the commercials commercials, what criteria can be audio lines improperly adjusted? Does were neither louder nor quiter than used to determine if licensees and the audio processing at the transmitter normal conversation." broadcasting industry are being contribute to it? Detailed information "Approximately 35% of the commercials responsible to the public's including research studies (engineering were loud: sensibilities in this matter. That is, and psychological) are especially welcome. "Judgments concerning the loudness or while there is no compelling reason quietness of commercials were not (h) Do listeners confuse loudness with for all programs and commercials to noiseness or annoying sound? Is directly influenced by the preceding sound equally loud, how much program material." semantic content an important factor? deviation can be tolerated? (i) Is there some one factor that is 9. Currentstatus. Based on the Field (3) Control.What economically feasible primarily the cause of excessive Operations Bureau study and means can the industry adopt to loudness? ' conversations with persons knowledgeable in the field, we believe ensure that licensees are able to (j) Is modulation the key, only one of several factors, or an unreliable that researchers have a reasonably good comply with the (proposed) understanding of loudness and are standards? indicator? capable of producing one or more 13. Inquiry. (k) What form should standards take? For the purposes of What limits are reasonable? devices to measure it. This removes the obtaining information that may help in major obstacle we faced in 1962. resolving the aforementioned issues, an (1)How can loudness be controlled? Because of that and the fact that a inquiry is hereby instituted. Views and Who should be responsible? Can this significant number of commercials data are invited from the industry and responsibility be shared? continue to employ what we believe to general public on the following (in) Is there some one factor which, if be excessive loudness, we consider this questions. The listing of these questions controlled, would minimize the problem? to be an appropriate time to reopen our should not be construed as limitin in This factor need not necessarily be the inquiry into the subject of loudness in any way the area of comment. cause of excessive loudness. (n) ,broadcasting. (a) What methods (devices) are Would it be possible to 10. Loudness. Persons who are not suitable for measuring the instantaneous incorporate an automatic loudness familiar with the study of acoustics and loudness of complex sounds such as controller in TV sets that would be hearing are advised that loudness is a voice or music? What degree of adjustable for the receiving environment very complex phenomenon. It has both accuracy is attainable or reasonable? To and listener preference, similar to user sensory and psychological aspects and what extent are these methods (devices) controls for picture reproduction? is perceived differently by men and performance-limited? (o) What considerations in the women, and by the young and old. Even (b) How does one characterize a marketplace weaken or oppose any within individuals it is affected by sound segment in terms of loudness- tendency towards self-correction in this interest, time of day, tolerance, semantic intensity of loudest sound. number of area? Why does-a sponsor continue to content and health. sounds exceeding a given intensity. produce a certain type of commercial in 11. Broadcasting contributes average loudness, etc.? It is possible that spite of complaints that it is additional elements of complexity. multiple parameters are needed, but as objectionably loud? Normally, programs and commercials more are used it makes comparison and (p) In what way could the Commission are recorded independently by different the setting of standards more difficult. and marketplace forces act together to people in different places. The pieces (c) How does one compare two sound minimize this problem? Some are then combined in a system subject segments in terms of loudness? possibilities are: to several levels of interrelated but often (d) Recorded sounds have no inherent 1. Establish a joint government-industry uncoordinated control--producers, lbudness; that is determined by the evaluation board to deal with the, networks, stations and vihwers. signal levels on the audio lines and is worst cases in an informal way. 12. Recommended approach.The adjustable at many points, including the 2. Establish a review board to screen a Commission recognizes that the viewer's television. What reference random sample of non-program development of a procedure that will level can be used to measure the material each month. The findings of unfailingly determine the correct value potential loudness of an electrical the board would be in the form of non- of loudness of any commercial or signal? If, as seems likely, it is easier to binding recommendations. program segment is unrealistic and measure the relative loudness of two 3. Develop a system to match probably impossible. Instead, we sounds, what is the basis for that commercials with programs that are believe it more productive to approach comparison (See question (c) above)? compatible the issue in three stages: in style and volume. Use More concretely, how does one compare of the system would be voluntary. (1) Measurement What procedure can a 30-second commercial to a 12-minute 4. Publish a periodic list of those be used to measure loudness such that program segment? commercials about which we have Aa~.9Ar~e',I P,oitr / Vol. 44. No.134 I Wednesday. Tuly 11, 1979 / Proposed Rules %U0I1A e

received the most complaints of remedial measures and (possibly) ACTION: ProposeI rulemaking, objectionable loudness. formulate a more definitive statement of policy. However, if the problem is so SUMMARY: The Fish and Wildlife Service 5. Encourage receiver manufacturers to proposes to delete those regulations develop sets with automatic loudness pervasive or its cause so compelling that industry action is likely to be found at 50 CFR 20.141-,143 which controllers adjustable for user provide for the establishment of wildlife preferences in various listening ineffectual, we are prepared to adopt to obtain development areas on lands outside the environments. whatever rules are necessary The results. National Wildlife Refuge System. 6. Take no action whatsoever either procedures of these sections have been because the problem is not as 15. A report by the Field Operations used only once since their inception on substantial as it appears, remedies are Bureau entitled "Evaluating Loud May 1, 1947, dnd the program has thus too expensive or unlawful, or the Commercials: An Experimental provided insignificant benefits. industry can be depended upon to Approach," FCC/FOB 78-01, was remove any material which is truly released in February of 1978, and may DATE: Comments are due by August 10, offensive. be ordered from the Downtown Copy 1979. (q) Should the Commission control Center, 1730 K Street, N.W., ADDRESSES: Interested persons are loudness solely'by regulation? Washington, D.C. 20006, (202) 452-1422. urged to participate in this rulemaking Regulations might take the form of one A copy of the report has been placed in and should submit written comments, or more of the following: the public docket for inclusion in this preferably in triplicate, to: Director 1. Require all non-program material to proceeding. (FWS/LE), U.S. Fish and Wildlife be transmitted with a sub-audible' 16. Pursuant to applicable procedures Service, P.O. Box 19183, Washington, tone. This tofie could be detected by set forth in Se4ption 1.415 of the FCC's D.C. 20036. Comments should refer to special circuits in receivers to Rules, interested persons may file file number REG 20-02-14. The Service automatically adjust sound levels. comments on or before December 15, will attempt to acknowledge the receipt 2. Require all non-program'?naterial to 1979, and reply comments on or before of all comments. All comments received be clustered, say within 4 minutes on February, 15, 1980. All relevant and will be available f6r public inspection either side of the hour and half-hour. timely comments and reply comments during normal business hours at the No interruptions would be permitted will be considered by the FCC before Service's Office in Suite 600, 1612 K at other times. further action is taken in this Street, N.W., Washington, D.q. 3. Require all non-program material proceeding. FOR FURTHER INTORMATION CONTACT: within any broadcast day to meet the 17. In accordance with the provisions Marshall L. Stinnett, Special Agent In following standards: of Section 1.419 of the Commission's Charge, Branch of Regulations and -No more than 10% of this material Rules, an original and five copies of all Penalties, Division of Law Enforcement, may be louder than the associated comments, replies, pleadings, briefs and Fish and Wildlife Service, Suite 600, programs. other documents shall be furnished the '1612 K Street, NW., Washington, D.C, -At least 20% of this material must be Commission. Members of the general 20036, (202) 343-9237. public who wish to participate quieter than the associated SUPPLEMENTARY INFORMATION: The programs. informally in the proceeding may submit Wildlife Development Areas Note.-Such standards could take many one copy of their comments, specifying regulations, 50 CFR 20,141 et seq., different forms. the docket number, including the entire in establish an optional procedure for the designation (BC Docket No. 79-168) areas where the 4. Require'all stations to install devices the heading. All filings made in this managemetn of those to control loudness automatically. The proceeding will be made available for owner of a possessory estate has characteristics of such devices can be interested parties during conveyed a future interest in the land to examination by the United States for refuge purposes. specified separately, as with regular business hours in the modulation monitors, transmitteis, Under this section, the owner of a Commission's Public Reference Room at the etc. M Street, N.W., possessory interest may engage in its headquarters, 1919 birds and take 5. Require all station to remove all audio Washington, D.C. 20554. shooting of migratory processing equipment or, conversely, measures to maintain and Increase the' allow only certain approved devices 18. For further information concerning waterfowl population of the area if he to be used. this-proceeding, contact Bill Hassinger does so in compliance with a 6. Require stations (or networks) to (202-632-7014). development program approved by the evaluate all broadcast material. Non- Federal Communications Commission. Secretary of Interior. The regulations ,program material could only be William J. Tricarico, also provide notice and hearing transmitted during programs with Secretory. procedures for violation of a which it was compatible in style and development program and revocation of [FR Doc. 79-21413 Filed 7-10-79; &45 ami program approval. The intended purpose volume. A compatibility grading BIL[JNG CODE 6712-01-M system would have to be devised. of this section was to provide a method 14. The Commission's perception of to enhance the-development of future this issue is based on personal contact wildlife refuge areas and the protection with Congress, the industry and the DEPARTMENT OF THE INTERIOR of wildlife on those lands. performed The scheme has prove unsuccessful, public, a number of studies Fish and Wildlife Service during the past decade, and written The application of this subpart Is limited complaints. From this we have formed [50 CFR Part 20] solely to owners of possessory estates the opinion that, while the problem is who have conveyed future interests to not acute, it is certainly an irritant. At Wildlife Development Areas the United States for refuge purposes. this stage of the inquiry we see no need As a result the procedure has been used for the Commission to do more than AGENCY: Fish and Wildlife Service, on only one occasion, and the benefits coordinate discussion, encourage Interior. have thus been negligible. Further, even Federal Register / Vol. 44, No. 134 / Wednesday. July 11, 1979 / Proposed Rules 40535 if the procedure were invoked more frequently, the insignificant benefits derived would be outweighted by the administrative cost and difficulty in oyerseeing the development programs. For these reasons, the Service believes that the program is unnecessary and should be discontinued. Note.--(1) The Fish and Wildlife Service has determined that this proposed rule is not a significant rule and does not require preparation of a regulatory analysis under Executive Order 12044 and 43 CFR 14. (2) The Service has determined that this proposed rulemaking is not a major Federal action which would significantly affect the quality of the human environment within the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969. Accordingly, the Fish and Wildlife Service proposes to delete § § 20. 141- .143 from'Part 20 of 50 CFR. Dated: June 29. 1979. Lynn A. Greenwalt, Director. (FR Doc. 79-Z1365 Filed 7-10-79; 8:4S am] BILLING CODE 4310-55-M 40536 Notices Federal Register Vol. 44, No. 134 Wednesday, July 11, 1979

This section of the FEDERAL REGISTER The proposed program includes aerial alternative treatment, If shown in the contains documents other than rules or application ofthe herbicide 2,4-D to Assessment as suitable for an Individual proposed rules that are applicable to the 1,864 acres in late August and treatment area, will be carried out on public. Notices of hearings and September to achieve vegetation that area. If no alternative treatment Is investigations, committee meetings, agency shown as suitable for an individual decisions and rulings, delegations of management. The Environmental authority, filing of petitions and Assessment does not indicate this is a treatment area, no treatment will be applications and agency statements of major Federal action significantly made on the area. organization and functions are examples affecting the quality of the human Some public concern has been of documents appearing in this section. environment. Therefore, it has been expressed about possible effects upon determined that an environmental water quality and the environment from impact statement is not needed. herbicide application. The Assessment This determination was based upon and the Implementation Plant for the ,ACTION consideration of the following factors, proposed project include application which are discussed in detail in the measures to protect water quality and Foster Grandparent and Senior Environmental Assessment: (a) the minimize drift from the treatment area. Companion Programs; Income treatment alternatives selected for use These measures include untreated buffer Eligibility Levels on each treatment area within the zones adjacent to water, private land This notice corrects the income vegetation management program were and recreation sites, strict weather eligibility level for individuals in the limited to alternatives that: 1. Would not conditions under which application can State of Nevada for the Foster significantly affect the quality of the be carried out and use of low drift Grandparent Program and the Senior human environment, or 2. any additives. State and Federal water Companion Program published in the potentially significant adverse affects quality standards will be met. Federal Register of June 13, 1979 (44 FR could be successfully mitigated; (b) No action will be taken prior to 33917 and 33918). The correct level is management requirements and August 10, 1979. $4,730 rather than $6,730 as shown. constraints ensuring mitigation of The responsible official is Willian H. The effective date of this correction is potentially significant adverse effects, Covey, Forest Supervisor, Siskiyou June 13, 1979. including: 1. no aerial herbicide National Forest, P.O. Box 440, oth and application within at least 100 feet of Midland, Grants Pass, Oregon 97520. Sam Brown, Dated: July 3,1979. Director. any live stream, existing body of water or wetland, 2. no vegetation William H. Covey, [FR Doe. 79-21336 Fild 7-10-79., 8:45 am] management treatment within the ForestSupervisor. BILLING CODE 6060-0-M riparian zone of any stream, body of IFR Doc. 79-21323 Filed 7-10-79; S am] water or wetland, 3. no flights with BILuNG CODE 3410-11-M loaded spray aircraft over inhabited DEPARTMENT OF AGRICULTURE areas, croplands, recreation facilities or other restricted flight areas, and 4. Illinois Valley Ranger District, Fiscal Forest Service compliance with policies and Year 1979 Vegetation Management precautions outlined in the Final Program, Sisklyou National Forest, Galice Ranger District FY 1979 Environmental Statement for Vegetation Finding of No Significant Impact Vegetation Management Program, Management with Herbicides USDA, An Environmental Assessment that Sisklyou National Forest; Finding of No USDA-FS-R6-FES .(Adm) 75-18 Significant Impact discusses the FY 1979 vegetation (Revised); (c) no irreversible or management program on the Illinois An Environmental Assessment that irretrievable resource commitments; (d) Valley Ranger District, involving the discusses the FY 1979 vegetation no known threatened or endangered control of competing vegetation on 1,532 management program on the Galice plants or animals within affected areas; acres of conifer plantations and site Ranger District, involving the control of (e) physical and biological affects are preparation for planting conifers on 789 competing vegetation on 3,014 acres of limited to the treatment areas; (f) use of acres of forest land has been prepared. forest land has been prepared. The. herbicides EPA registered for the The treatments proposed are not treatments proposed are not included in intended use, and applied according to included in the Final Environmental the Final Environmental Statement for all regulations and policies applicable at Statement for Vegetation Management Vegetation Management with the time of treatment; and (g) continued with Herbicides, USDA, USDA-FS--R6- Herbicides, USDA, USDA-FS-R6-FES review of all new information and FES (Adm) 75-18 (Revised), for the (Adm) 75-18 (Revised),-for the proposed regulations involving the use and effects proposed treatment areas. All proposed treatment areas. All proposed treatment of any of'the vegetation management treatment areas are located'on the areas are located on National Forest methods selected for use on individual National Forest lands within Josephine lands within Josephine and Curry treatment areas, with the provision that County, Oregon, and Del Norte County, Counties, Oregon. The report is if new information shows that use of a California. The report is available for available for public review at the Galice particular treatment may have an public review at the Illinois Valley Ranger Station in Grants Pass, Oregon, adverse effect, significantly affecting the Ranger Station in Cave Junction, and the Siskiyou National Forest Office quality of the human environment that Oregon, the Siskiyou National Forest in Grants Pass, Oregon. treatment will not be carried out, and an Office in Grants Pass, Oregon, and the •Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40537

Josephine County Library branch in treatment area, no treatment will be Dated at Washington. D.C. July 5.1979. Cave Junction. Oregon. made on the area. Rudolf Sobernheim. The proposed program includes aerial Some public concern has been AdministrativeLawludge. application of the herbicide 2,4-D to 36 expressed about possible effects upon acres in late August or early September water quality, the environment, and BILLING CODE 320-O-M to achieve vegetation management. The' threatened or endangered plants from Environmental Assessment does not herbicide application. The Assessment indicate this is a major Federal action and the Implementation Plan for the [Docket 35464; Order 79-7-30] significantly affecting proposed project include application the quality of the Pan American World Airways, Inc.; human environment. measures to protect water quality and Therefore, it has Order of Suspension and Investigation been determined that an environmental minimize drift from the treatment areas. impact statement is not needed. These measures include untreated buffer Adopted: June 25.1979. This determination was based upon zones adjacent to water, private land Pan American World Airways, Inc. consideration of the following factors, and recreation sites, strict weather (Pan American) has filed tariff revisions which are discussed in detail in the conditions under which application can proposing a second round of fuel cost- Environmental Assessment: (a) The be carried out and use of low drift related inreases in Atlantic. Pacific. and treatment alternatives selected for use additives. State and Federal water Western Hemisphere passenger fares. on each treatment area within the quality standards will be met. effective July 24.1979.' In May the vegetation management program were No action will be taken prior to Board approved in part Pan American's limited to alternatives that: 1. would not August 10, 1979. first-round fuel-related increases, and significantly affect the quality of the The responsible official is William H. the approved increases generally- human environment, or 2. any Covey, Forest Supervisor. Siskiyou became effective on June 1.1979.2 Pan potentially significant adverse effects National Forest P.O. Box 440:6th and American now proposes additional could be successfully mitigated; (b) Midland, Grants Pass. Oregon 97526. increases of 6.5 percent in Atlantic first- management requirements and Dated: July 3.1979. class fares (except to and from the constraints ensuring mitigation of William H. Covey. United Kingdom), and 6.5 percent in potentially significant adverse effects, ForestSupervisor. South Pacific and Central American including: 1. no aerial herbicide 3 [FR Dor,. first-class and promotional fares. In the application within at least 100 feet of 79-21324 ee-,7-0,-72 E5 al BIWNG COOE 3410-11-.M South American market, the carrier any live stream, existing body of water proposes 6.5 percent increases in first- or wetland, 2. no vegetati6n class and promotional fares in place of management treatment within the Land Management Plan, Hector Land the previous proposal which the Board riparian zone of any stream, body of Use Area, Green Mountain National suspended: similarly. Pan American water or wetland, 3. low-drift additive Forest, Seneca and Schuyler Counties, would increase North/Central Pacific required adjacent to any buffer, 4. no N.Y.; Notice To Terminate Preparation first-class fares 8.5 percent and flights with loaded spray aircraft over of an Environmental Impact Statement promotional fares 6.5 percent. in lieu of inhabited areas, croplands, recreation its original proposal.' facilities or other restricted flight areas, In the April 30, 1979, issue of the In support of its proposal. Pan Federal Register, Vol. 44. No. 84, pages and 5. compliance with policies and American argues that its revenue need precautions outlined in the Final 25258 and 25259, the Forest Service published a Notice to compensate for fuel cost increases Environmental Statement for Vegetation' of Intent to prepare should be an environmental impact statement for considered on a system basis Management with Herbicides USDA, rather than on regional results. and it USDA-FS-R6--FES (Adm) 75-18 development of a land management plan for the Hector Land Use Area. should be entitled to pass through fuel (Revised); (c) no irreversible or cost increases regardless of existing irretrievable It is not timely at present to develop resource commitments; (d) earnings in a particular geographic area. no known threatened or endangered - the plan; therefore, the environmental impact statement process is being The carrier has provided data indicating animals within affected areas; (e) a shortfall in overall revenue recovery physical and terminated. biological affects are even assuming approval of its proposals. limited to the treatment areas; (1) use July 2.1979. of Pan American also specifically argues. herbicides EPA registered for the James ILFreeman, intended use, and applied accotding to Director.Planning. Progrommiki. and 'The carrier has requested sho.t-atie all regulations and policies applicable at Budgeting. pc-m sion to advan--e the effecti;e date to J=- 15. 19-9. the time of treatment; and (g) continued (FR Dc= 79-21S3 Fn-7"-I0-7, 0Mcz review of all new information and BILLING CODE 3410-11-" 'In it firitfilng. Pan American po,:sed it-ted regulations involving the use and effects dclbr mcreases in alIfares ba-ed on a percentage of the normal econamy fare. The Esard sspe.nded of any of the vegetation management all normal ecanomy fare 1nmea."3 except to and methods selected for use on individual CIVIL AERONAUTICS BOARD from lWr. Gezmany. Belium. t1a Netherlands. treatment areas, with the provision that Jamaica. Mexio. Korea and Sing-yo.z. and from if new information shows that use of a [Docket 344311 Aumtralia. The other tnarease-s were ap;-oved with the exceptiortof all increases in the Sa:th particula treatment may have an American (except Jamatca) and N.bthjCentrel adverse effect significantly affecting the Pan American World Airways, lnc4 Panfic (except Konea anA Singnpoae] r'arkets. (See quality of the human environment that Enforcement Proceeding; Continuance Order 79-7r-ZI0.MAy 17. IM)9. Appezdix C presents treatment will not be carried out, and an of Hearing a co pansan of basa fares with Pan A=erican's fit alternative treatment, and sccand fi ing3 in samp!e markets, showing if shown in the The hearing to be held herein and albo the cumulative inmcreases represented by the Assessment as suitable for an individual heretofore set for July 10, 1979 (44 FR carrier's pre=t propsaL treatment area, will be carried out on 37967, June 29,1979) is continued until 'No additional ln:reasexare pzo osedJ for that area. If no alternative treatment Mexico. or from Australia. is further order of the presiding 4No additional shown as Int.reases are proposel for Korea suitable for an individual administrative law judge. or S.Fnapare. 40538 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices f

concerning the Board's denial of the first restrictions imposed by foreign Federal Aviation Act of 1958, as' filing for North/Central Pacific and governments. In its second filing, Pan amended: South American increases, that: ip the American makes a credible case that its 1. We shall institute an investigation Pacific, the forecast decline in earnings 1978 earnings were unusually high due to determine whether the fares and is attributable to the Northwest strike to the Northwest strike, and that it provisions set forth inAppendices A which buoyed Pan American's 1978 requires some revenue relief in 1979 due and B hereof, and rules and regulations earnings above usual levels, and it is not to fuel cost escalation. At the same time, or practices affecting such fares and proper to consider the detrimental we cannot accept fare increases to or provisions, are or will be discriminatory, impact on earnings of non-fuel cost from Japan or the Philippines, where unduly preferential, unduly, prejudicial increases, since the subject proposals fares are still relatively high and or otherwise unlawful, and if we find are intended to cover fuel cost increases competitive conditions are among the them to be unlawful, to act only; and in South America, its return on worst in the world. Although load appropriately to prevent the use of such investment (ROI) is now unusually high factors are high in both markets, both fares, provisions, or rules, regulations, or due to a low investment base resulting capacity and entry are effectively frozen practices; from use of heavily depreciated aircraft. due to local conditions and the policies 2. Pending hearing and decisions by The Board has carefully considered of the Japanese and Philippines the Board, we hereby suspend and defer Pan American's'proposal and Governments. Prices are still subject to the use of the tariff provisions In ' arguments, and has decided to suspend the approval of both governments at Appendices A and B from July 24,1979, all increases to and from South America, each end of a route, and Japan has' to and including July 23, 1980, unless Japan and the Philippines, and to allow repeatedly refused to approve otherwise ordered by the Board, and the other proposed increases-to take innovative, low-fare proposals by U.S. shall permit no changes to be made effect. carriers.6 therein during the period of suspension Pan American's overall fuel costs In South America, Pan American has except by order or special permission of projections do not appear to be out of not convinced us that we should permit the Board; line with projections using data reported 3. We shall submit this order to the 5 any fare increases. Fares to South7 to the Board through April 1979. America are quite high already, President 9 and it shall become effective However, we are not prepared to accept competition in direct service is limited, on July 24, 1979; and Pan American's general system-need prices are subject to approval of both 4. We shall file copies of this order In approach which argues for a complete governments, and in many cases entry is the aforesaid tariffs and serve them on fuel pass-through without regard to a and charters Pan America World Airways, Inc. carrier's earnings, existing fare levels or closed, capacity controlled, disfavored. Further, Pan American We shall publish this order in the the competitive situation in the markets projects healthy earnings-20.2 percent Federal Register. involved. While the Board has recently 5 approved U.S. domestic general fare 'ROI-under present fares. We will, By the Civil Aeronautics Board. increases related to fuel costs escalation however, permit the first-class and Phyllis T. Kaylor, promotional fare increases to take effect based on average industry costs, the Secretary. in Pan American's remaining Caribbean 'U.S. domestic system is much more open All Members concurred except Member to competition than are the many markets (Trinidad, Haiti and Dominican Republic).-Even though Pan American Schaffer who dissented to that part of the international markets Pan American -order which approves increases In only first. serves, and the U.S. domestic fare levels included its Caribbean operations in its class and promotional fares. are lower than most international fare South American forecast, the island Appendix A levels. markets have a lower fare structure and Therefore we are continuing to review more competitive conditions than do the Western HemispherePassenger Fares Pan American's proposals in each South American markets. Tariff No. P-N--4, C.A.B. No. 74, Issued market. Where we accepted the first- Accordingly, pursuant to sections 102, by Air Tariffs Corpordtion,Agent round fuel increase in first-class and 204(a), 403, 801, and 1002(j) of the The provisions of Supplement No. 38, promotional fares (Atlantic, South insofar as they relate to increases in Pacific and Central America) we will 'Northwest's "Orient Express" fare structure and accept Pan American's second-round Pan American's budget fares. In addition. Japan has fares: taken a rather hostile attitude toward charters. To/From points in South America, proposal as well. In the areas where we 7 Pan American forecasts a 1979 average yield of Surinam, Guyana, and French Guiana denied Pan American's initial filing 9.59 cents per mile in the U.S.-South America (North/Central Pacific, South America), market, despite relatively long stage lengths. (Pan To points in Venezuela American's 1978 average on-flight passenger trip The suspension above does not stay we will approve some increases. In the was 1757 length in the Latin American Division the cancellation of Supplement No. 30. North/Central Pacific, we denied all miles. but this included many short-haul routes to increases (except to and from Korea and Mexico and Central America. New York-Rio de Appendix B Singapore where the United States has Janeiro mileage is 4816 one way. New York-Buenos negotiated liberal bilateral agreements) Aires mileage, 5302.] Pan American recently TranspacificPassenger Fares TariffNo. due to several factors: Pan American's proposed new budget fares to South America: the 1, C.A.B. No. 67, Issued by Air Tariffs New York-Rio de Janeiro budget fare would be $608 Corporation,Agent 1978 ROI of over 20 percent and our round trip or 6.31 cents per mile, compared to a New skepticism that its earnings would York-London peak budget fare of $320 (including The provisions of Supplement No. 17, decline in 1979 so dramactically as it fuel surcharge) or 4.63 cents per mile. insofar as they relate to increases In forecast; our concern about the 'We are not persuaded that the fare increases should be approved based on Pan American's fares: generally high level -of transpacific fares; argument that its South American ROI is now To/From points in Japan and the and continued pricing and service unusually high due to a depressed investment base Philippines. resulting from continued use of heavily depreciated ILUNG CODE 6320-O1-M The projections, of course, assume a equipment. We will not consider the higher capital continuation of the same rate of increase as that costs of new, more efficient equipment in concert experienced over the past six months when with the high operating costs incurred with the OWe submitted this order to the President on June extraordinary political and economic factors existing, relatively inefficient, depreciated 27, 1979. dramatically affected fuel markets and prices. equipment. Federal Register / VoL 44, No. 134 / Wednesday, July 11, 1979 / Notices 40539

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a C4 01 0 U P. V,zI 1. '~ .30 -4 43 14Z0 0 &flRdfl Ali40Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 410540 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices Wien Air Alaska Service, on foreign firms operating in Service by the Northwest and Alaska selected countries and industries. They Fisheries Center, National Marine AGENCY: Civil Aeronautics Board. are published by the Department of Fisheries Service, to take four (4) ACTION: Summary of Order 79-7-15 Commerce to assist U.S. firms in finding beached/stranded Northern elephant which proposes to revise Wien Air export contacts abroad.-The lists and a seals (Miroungaangustirostrs) for the Alaska's temporary subsidy rate upward free index to those presently available purpose of scientific research. from $1.5 million to $4'2 million. can be obtained from the U.S. Notice is hereby given that on July 2, Departmert of Comnerce, Industry and SUMMARY: On April 16, 1979, Wien Air 1979, and as, authorized by the Alaska petitioned the Board to amend Trade Administration, Bureau of Export provisions of the Marine Mammal upward its subsidy rates on both a Development, TFISD/Room 1033, Protection Act of 1972 (16 U.S.C. 1361- temporary and final basis. In support of Washington, D.C. .20230. 1407), the National Marine Fisheries its request Wien stated that under the Peter G. Gould, Service issued a Scientific Research Airline Deregulation Act of 1978, the DeputyAssistantSecretary for Export Permit for the above taking to the Board may not use profits from DevelopmenL Northwest and Alaska Fisheries Center, unsubsidized services in setting rates for IFR Doc. 79-21384 Filed 7-10--79; 8:45 am] subject to certain conditions set forth subsidized services during the next four BILLING CODE 3510-25-M therein. years. Although its total operating loss The Permit is available for review In plus interest expense for all services National Oceanic and Atmospheric the following offices: during 1978 was only $889,000, its loss Assistant Administrator for Fisheries plus interest on its subsidy eligible Administration" Service, National Marine Fisheries services alone was $4.6 million and this Modification of Permit. Service, 3300 Whitehaven Street, N.W., figure should form the basis for a Washington, D.C.; temporary subsidy rate. The carrier also Notice is hereby given that pursuant Regional Director, National Marine stated that increases in operating costs to the provisions of Sections 216(33) (d) Fisheries Service, Northwest Region, and declining traffic growth have led to and (e)of the Regulations Governing the 1700 Westlake Avenue North, Seattle, a deterioration in its financial results in Taking and Importing of Marine Washington 98109; and Mammals (50 CFR Part 2f6), the Public recent periods. The adopted Board order Regional Director, National Marine includes some changes to Wien's claim Display Permit No. 186 idsued to Black Fisheries Service, Southwest Region, 300 for temporary subsidy and proposes an Hills Marineland, Inc., on May 19, 1977, is modified in the following manner: South Ferry Street, Terminal Island, annual temporary rate of $4.2 million, California 90731. effective April 16, 1979. Section B is modified by deleting Dated: July 2,1979.. FOR FURTHER INFORMATION CONTACT: Section B-6 and substituting therefor the John R. Hokanson or James Craun, following: - Winfred H.Meibobm, Bureau of Domestic Aviation, Civil "6. This Permit is valid with respect to Associate Director,National Marine Aeronautics Board, 1825 Connecticut' the taking authorized herein until FisheriesService. Avenue, NW., Washington, D.C. 20428, December 31, 1981." [FR Doc. 79-21385 Filed 7-10-79,. 8.45 am) 202-673-5368. This modification is effective July 11, BILLING CoDE 3519-22-M The complete text of Order 79-7-15 is 1979. available from our Distribution Section, The permit, as modified, and Room 516, 1825 Connecticut Avenue, documentation pertaining to the Nomination of Georges Bank, Offshore modification is available for review in of New England, As a Marine NW., Washington, D.C. Persons outside Sanctuary the metropolitan area may send a the following offices: postcard request for order 79-7-15 to the Assistant Administrator for Fisheries, AGENCY: Office of Coastal Zone Distribution Section, Civil Aeronautics National Marine Fisheries Service, 3300 Management ("OCZM"), National Board, Washington, D.C. 20428. Whitehaven Street, N.W., Washington, Oceanic and Atmospheric By the Civil Aeronautics Bodrd. D.C.; Administration, Department of Regional Director, National Marine Commerce. Phyllis T. Kaylor, Fisheries Service, Southwest Region, 300 Secretary. South Ferry Street, Terminal Island, ACTION: Receipt of Nomination of, and [FR Dac. 79-21424 Filed 7-10-79; 8:45 am] California 90731; and Initiation of Consultation on, Georges BILLING CODE 6320-01-M Regional Director, National Marine Bank as a proposed New England Fisheries Service, Northwest Region, Marine Sanctuary. 1700 Westlake Avenue North, Seattle, DEPARTMENT OF COMMERCE SUMMARY: Pursuant to guidelines under Washington 98109. Title III of the Marine Protection, industry and Trade Administration Dated: July 2, 1979. Research and Sanctuaries Act of 1972, Winfred H. Meibohm, (Pub. L. 92-532) NOAA announces, Pricing of Trade Lists Associate Director,NationalMarine receipt of a marine sanctuary Effective July 1, 1979, the price of each FisheriesService. nomination. Information and comments Trade List which exceeds 100 pages will iFR Doc. 79-21386 Filea7-10.79; 8:45 am] are requested on the feasibility of be $5. The price for each Trade List BILLING CODE 3510-22-M Georges Bank, offshore of New England, having 100 or less pages will remain as a marine sanctuary. fixed at $3. ADDRESS: Send comments and Issuance of Permit Trade Lists contain information information to: Dr. Richard J. Podgorny, collected by personnel of the U.S. On May 21, 1979, Notice was Director, Sanctuary Programs Office/ Department of State, U.S. Foreign published in the Federal Register (44 FR OCZM, NOAA, Room 308, 2001 29514), that an application had been Wisconsin Avenue, NW., Washington, filed with the National Marine Fisheries D.C. 20235. Federal Register / Vol. 44, No. 134 / Wednesday, July 11. 1979 / Notices 40541

FOR FURTHER INFORMATION CONTACT: on Georges Bank for purposes of oil and ACTION: Notice of Integt to prepare a Dr. Podgorny, above address, 202-634-" gas exploration and development (see Draft Environmental Impact Statement 4236. Federar Register 32277, 6-5-79). A (DEIS). request for comments on that document SUPPLEMENTAL INFORMATION: The Office SUMMARY: 1. The proposed project is a of Coastal Zone Management has offers an additional timely opportunity to express views on the marine boat basin to be studied, and if feasible. received a nomination of Georges Bank constructed under Section 107 of the on the United States Outer Continental sanctuary alternative for Georges Bank. Note that the deadline for comments on River and Harbor Act of 1960. The Shelf for a marine sanctuary. Georges facility would be located at Rier Mile 1 Bank, located between 50 and 200 miles the Interior document is July 6,1979. to work closely with the on the south side of the Coquille River. southeast offshore from New England NOAA intends The facility, as proposed. would provide was nominated by the Conservation Department of the Interior in an effort to year-round moorages for 200 commercial Law Foundation, Inc., Gloucester ensure that our marine sanctuaries Issue fishing vessels. A protective breakwater Fishermen's Wives Association, Boat Paper and the documents prepared in with entrance-departure channel would Owners United, Seafood Producers connection with the Georges Bank lease be constructed to provide shelter. Association, New Bedford Fishermen sale present a consistent discussion of 2. Alternatives being actively" Unions, Chatham Seafood Cooperative, the alternatives available for the evaluated are other potential boat basin Old Harbor Fish Company, and the protection of the valuable living marine locations on the Coquille River andno National Coalition for Marine resources of Georges Bank. *action. Conservation. One or more public workshops will be 3. The scoping process will entail, The nomination, which has generated scheduled for later summer to serve as a submission of a summary of the widespread public interest, presents the forum for comments on the Issue Paper proposal to affected Federal. state. and nominator's concept for a sanctuary. and on a desirability of a sanctuary as local agencies and interested private The Department of Commerce is not an oppropriate protective mechanism for organizations and parties to afford them limited, however, to the acceptance or this area. The comments received in the opportunities to comment on the rejection of this particular approach, response to these letters and workshops significant issues which should be and requests views on the most will provide guidance to NOAA on addressed in the DEIS. It is expected appropriate scope for a sanctuary in this whether to proceed with the issuance of that among these issues will be impacts area. a Draft Environmental Impact Statement on aquatic life and land use generated Title I of the Marine Protection. containing a proposed designation and by implementation of the proposal Research and Sanctuaries Act of 1972 regulations, and guidance as to issues Further agency and public input will be (the Act) authorizes the Secretary of and questions to be addressed in that obtained during preparation of the DEIS Commerce, with Presidential approval. document. and as part of the formal DEIS review to designate ocean waters as marine All interested persons or groups may process. sanctuaries for the pupose of preserving submit information and/or comments 4. The DEIS is expected to be or restoring their conservation, concerning the feasibility of this site as available to the public in October 1980. recreational, ecological or esthetic a possible marine sanctuary. Further 5. Questions about the proposed values. The Act requires formal notices will be published in the Federal action and DEIS can be answered by: consultation with the Secretaries of Register when NOAA determines District Engineer, U.S. Army Corps of State, Defense, Interior, Transportation. feasibility of the site and if the Engineers. Portland District. ATrN- the Administrator of the Environmental nomination becomes an active NPPEN-PL-3. P.O. Box 2946, Portland, Protection Agency and other interested candidate. Oregon 97208. agencies prior to designation. A copy of the nomination is available By authority of the Secretary of the In addition, NOAA policy and Army: regulations for public review in Room 327, 2001 call for full consultations Wisconsin Rome D. Smyth. with interested constituents Avenue, NV., Washington. and State D.C. 20235, between the hours of 8.00 Colonel. US. Arm3. Director,Administrative and local officials. This request for . Aanagement. TACEIV. information and comment on a Georges a.m.-4:30 p.m., Monday through Friday. Bank sanctuary is the beginning of a Dated: July 3.1979. Dated: July 6.1979. IFR V=. 73-=3221 nLS 7-10-7-, &43amJ series of consultations that are part of ML P. Snidero, BUNG CODE 3713-APM the process for evaluating marine Acting Assistant Admiistratorfor sanctuary proposals. Administration. After this con.ultation, if appropriate, [FR D.-i iA-O~ :5~ Corps of Engineers NOAA will prepare an Issue Paper that BILUNG CODE 3510-064 will consider alternative marine Intent To Prepare a Supplement to the sanctuary concepts for George Banl4 Final Environmental Impact Statement including alternative boundaries and for the Proposed Local Flood management arrangements. It will also DEPARTMENT OF DEFENSE Protection Project at Lock Haven, Pa. consider the alternative of protecting the AGENCY: Baltimore District of the U.S. Georges Department of the Army Bank resources through the use Army Corps of Engineers, DOD. of existing regulatory and management Intent To Prepare a Draft ACTION: Notice of Intent to prepare a devices such as those connected with oil Environmental and gas operations on the outer Impact Statement Supplement to the Final Environmental continental shelf. The Bureau of Land (DEIS) for a Proposed Small Boat Impact Statement. Management. Department of the Interior Basin on the Coquille River at Bandon, SUMMARY: 1. The purpose of the current has recently issued a Oreg. draft supplemental Phase I Advanced Engineering and environmental statement in connection AGENCY: U.S. Army Corps of Engineers Design Study is to affirm the validity of with the proposed October sale of tracts (DoD). the 1974 survey report, published as 40542 4Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

House Document Lo. 94-577. The Final would encroach on-the West Bianch July 3, 1979, make the following Environmental Statement was filed on Susquehanna River for approximately correction: August.13, 1976. A system of levees and 1,400 feet with an average width of 100 On page 38993, in the first column, floodwalls with associated interior feet, resultirig in'temporary increases in insert the indentification number drainage facilities and utility turbidity and sedimentation. No lasting "WUSU04" directly above the heading modifications is considered to be the adverse impacts are expected to occur "System name:". most effective and economical method on the water quality or the aquatic BILLING CODE 1605-01-M of providing flood protection for Lock ecosystem. Haven. These flood control works would c. Construction of the levee/floodwall protect low lying areas of Lock Haven system would place a barrier between from flows on the West Branch Water Street-and the river, eliminating DEPARTMENT OF ENERGY Susquehanna River of 238,000 cfs with a the continuous physical and visual Sales of Litlium Compounds Enriched coincidental discharge of 42,000 cfs on linkage between the two. Construction in the Isotope Lithium-7 Bard Eagle Creek. The area to be of the levee and floodwall would also protected along the West Branch result in the loss of mature street trees The Department of Energy (DOE) Susquehanna River is mostly residential and river bank vegetation. The 15 to 18- hereby withdraws from the sale of and commercial, while the area on the foot wall near the Water Street Historic lithium-7 (Li-7) in the form of lithium Bald Eagle Creek side is mostly District is significant in terms of its scale hydroxide monohydrate having an industrial land. and proximity to historic structures. isotopic purity of 99.9% or greater other 2. Alternative structural and However, in the absence'of the project than the sale in gram lots, not to exceed nonstructural solutions have been the historic structures and the other 50 grams to any purchaser in any 12- considered. Alternative structural cultural features of the "city would be month period, which will continue to be measures considered for flood damage susceptible to continued flooding and priced at 50 cents per gram, reduction were the authorized levee/ associated deterioration. Construction DOE will reserve its stocks of LI-7 in floodwall plan, upstream reservoirs, and of the project would require the the form of lithium fluoride having an channel modifications. Nonstructural acquisition of approximately 17 isotopic purity of 99.9% or greater for alternatives were floodplain structures, including 14 families in Lock sale at $260 per kilogram to an industry management, floodproofing, and flood Haven. The relocation of approximately source which wishes to process it to tho emergency preparedness. Four 75 families in Lockport would eliminate form of lithium hydroxide monohydrate' alternative alignments of the levee/ future flood damages. provided that such sale shall be made floodwall plan were studied in the d. The U.S. Fish and Wildlife Service only upon a determination by DOE that process of formulating and selecting the has furnished input to the Supplement in it will serve to foster private domestic recommended plan of protection. accordance with the provisions of the competition in the isotopic separation of Fundamental decisions involved in the Fish and Wildlife Coordination Act (48 lithium. alignment formulation process were Stat. 401, as amended; 16rU.S.C. 661'et DOE will continue to sell LI.7 having whether or not to protect the Municipal seq.) an isotopic purity of 98. 4% or lower, in Airport and/or the Hammerinill Paper 4. No public meetings are scheduled to any of the forms available to DOE, at a Company waste ponds. The alternative be held other than that mentioned in the price of $51.00 per kilogram, except that alignments were designated 1A, 1B, 2A, above paragraph 3a. DOE will reserve from sale and 2B. The difference between 5. The supplement will be made approximately 440,000 kg of Li-7 in-th alignments I and 2 is the inclusion of the available to the public in September form of lithium hydroxide monohydrato airport. Alignment 1 would not protect 1979. having an isotopic purity of 98.4% for the airport facility but alignment 2 sale to industries ADDRESS: Questions about the proposed desiring to use it, upon would. The difference between the A a showing to DOE's satisfaction that and B alignments is the inclusion of the action and the supplement to the SFEIS can be answered by Mr. Harry E. Kitch, such material will be used as feed stock waste ponds. Alignment A would not for a plant to enrich lithium to an protect the Hammermill waste ponds Baltimore District, Corps of Engineers, P.O. Box 1715, Baltimore, Maryland isotopic purity of Li-7 of 99.9% or greater, but alignment B would protect the waste DOE will 21203, (301) 962-2530. sell not more than 220,000 kg ponds against flooding. of the reserved material to any one 3. a. From the initiation of the current Date: July 2,1979. entity. This restriction will provide study in October of 1977, a continuous James W. Peck, sufficient feed stocks for two lithium effort was made to elicit public and Colonel,Corps of Engineers,District enrichers should the market opportunity private participation in the planning Engineer. for two enrichers develop. process. Public meetings, frequent public [FR Doc. 79-1387 Filed 7-10-79- 8:45 amj If at any time after the effective workshops, date and meetings with local BILLING CODE 3710-41-M of this notice a person who is a user or officials, businessmen and interested' potential user of groups were held throughout the study. lithium hydroxide Uniformed monohydrate, enriched in Li-7 to an The study initiation was announced by Services University of the isotopic purity Public Health Sciences , of 99.9% or-greater, is Notice in November 1977,. Public unable to reach.agreement with a workshops were held'in June and Privacy Actof 1974. Notice of Systems commercial November of i978 U,S,,supplier of such and'in February 1979 material and if such person considers to obtain public input and present study of Records: Amendments progress. that terms and conditions, including ,prices, for the material offered by the Correction. . b. The recommended plan would commercial U.S. supplier are require approximately 610,000 cubic In FR Dob.79-20388, appearing unreasonable, DOE, upon such person's yards of borrow at material for the levees page 38990, in the'issue for Tuesday, request, will review the proposed terms and approximately 25,000 cubic yards of and conditions including prices. If after concrete for the floodwall. The levee the review DOE determines the required - • , ,-,_. .... I ,rl An a,, lqa I "Worlno dnv. lulv 11. 1979 [ Notices 40543 I AA NTi' 1.. A I Wodinesdai Juy 11, 1979 / Notices403

For further information regarding 28. Fisher Shell Se.'. 31324 W. Ten Mile. material is not available at reasonable Farmington. Mi--4-12-79. these Consent Orders, please contact Madison terms and conditions, including prices. 29.14 & John R. 32845 John R.. Mr. Robert Gerring, District Manager of Mi--4-10--79. DOE to the extent it has stocks Heights. Enforcement, 324 East 11th Street. Mile & Stephenson Shell. 31015 available, will sell to such person 30.13 Kansas City, Missouri 64106. telephone Stepenson. Madison Height3. Mi-4-10-79. lithium hydroxide monohydrate number (816) 374-5936. 31. Lakeside Marathon Serv.. 13630 Hall Rd.. enriched in Li-7 to an isotopic purity of Mi.--4-12-79. Washington, D.C, on the 2nd day Sterling Heights. 99.9% or greater in amounts DOE Issued in Lockard Entr 1015 E. Auburen July, 1979. 32. Wayne determines to be appropriate at a price of Rd.. Rochester. ML-4-12-79- which DOE at that time determines to be Robert D. Gerring. 33. Donnan Gulf. 235 Main. Rochester. Mi-- reasonable. DistrictAManager CentralEnforcement 4-10-79. The notice published in the Federal DistricL 34. Lisk Standard. 4009 Telegraph Rd.. Register at 42 FR 28912 on June 6, 1977, Concurrence: July 2. 19I9. Bloomfield Hills, Mi--4-10-79. Lahber & 11 Mile Shell. 27030 Lahser. entitled "Lithium-7 Sales, Revision of David H. Jackson. 35. Charges,"as well as all previous notices Southfield. Mo.-.4-10-79. Regional Counsel. Standard. 6840 Blue Ridg-e. dealing with sales of lithium-7, are 30. Raytown Kansas City. Mo.-4-24-79. hereby superseded. Gasoline Retailer Project 37. Standard Service. 8201 E. Bannister. Dated at Washington D.C. this 5th day of Name, Address and Date Issued -Kansas City. Mo.-4-24-79. July. 1979. 1. Brasel Standard. 4016 S. Noland Rd.. 38. Baucis Standard. 10635 St. Charles. St. For the U.S. Department of Energy. Independence. Mo.-4-11-79. Louis, Mo.-4-23-79. Mo.- 39. Four Seasons Shell. 13506 Olive. C. Sewell, 2. Conoco. 2600 Crysler. Independence, Duane 4-12-79. Chesterfield. Mo.-4-25-79. Programs. AssistantSecretary forDefense 3. Baldus Standard. 11120 E. 23rd St.. 40. Broadway Standard. 1600 W. Broadway. IFR Doe. 79-21439 F-Ied 7-10-79; 8.45 am] Independence. Mo.--4-12-79. Cape Giraduea. Mo.-4-25-79. 3260 NameokL BILLING CODE 6450-01-I 4. Al Waits Standard. 9301 Wilson Rd.. 41. Bob's Bellmore Shell. independence. Mo.--4-12-79. Grannit City. Mo.--425-79. 5. Phipps Petroleum Inc.. 1351 E. 24 Hlway. 42. Ars Mobil. 2000 Vandalia. Collinsville. Economic Regulatory Administration Independence. Mo.--4-11-79. IL--4-28-79. 6. Bob's 66 Service, Grandview Road. 43. Woodsmill Texaco. Woodsmill & Clayton. Brasal Standard, Et Al.; Action Taken Grandview, Mo.-4-12-79. Chesterfield. Mo.-4-26-79. 1390 Olive. on Consent Orders 7. Oak Park Standard. 11900.W. 95th. Lenexa, 44. Harold Flora Standard. Ks.--4-12-79. Chesterfield. Mo.--4-:t,-79. AGENCY: Economic Regulatory Grover. 8. Shandion 011. 7700 Prospect. Kansas City. 45. Grover Street Texaco. 50th & Administration. Mo.-4-12-79. Omaha. Ne.-4-25-79. 46. Harold's Regency Texaco. 10505 Pacific. ACTION: Notice of Action Taken on 9. Midland Energy. 57th &Antioch. Gladstone. Mo.-4-12-79. Omaha. Ne.-4-26-79. Consent Orders. Wichita. 10. Midland Energy. 69th &N. Oak. 47. Bud Roat Standard. 4807 Kellog. Ks.--4-5-79. Economic Regulatory Gladstone. Mo.-4-12-79. SUMMARY: The Macon &Armour. N. 48. Beards '66,6402 E. Central. Wichita, Ks.- (ERA) of the Departmentt 11. Midland Energy. Administration Kansas City, Mo.--4-12-79. 4-25-79. of Energy (DOE) hereby gives Notice 135 &33 HIway. Liberty. 49. Eastgate Standard. 1608 E. 1st. Newton. into 12. Midland Energy. that Consent Orders were entered Mo.--4-12-79. Ks.-4-26-79. between the Office of Enforcement, 13. Platte Woods Mobil 7538 NW 50. Universal Sern. Stat., 6101 E. Kellog. ERA, and the firms listed below during Prairieview. Platte Woods, Mo.-4-11-79. Wichita, Ks.-4-6-79. Crystal the month of May 1979. These Consent 14. Riverside Texaco. 4523 NW Gateway. 51. Jerry's Standard. RL 3 &RL 176. Orders concern prices charged by retail Riverside, Mo.--4-12-79. Lake. ll.-4-24-79. Rt. 47. Woodstock. motor gasoline dealers allegedly in 15. Riverside Standard 4602 Gateway. 52. Lumbaugh Sunoco. IL-4-24-79. of the maximum lawful selling Riverside, Mo.-4-12-79. excess 53. Rogers RL 12 Sen.. 156 N. RL 12. Fox price for motor gasoline. The purpose 16. Joe &Bill's Serv.., 11511 Blue Ridge Blvd., Grandview. Mo.-4-18-79. Lake. 11-4-24-79. and effect of these Consent Orders is to Main & Pain. Lake Zurich: 17. Skyline Skelly. 8435 . 63rd. Kansas City. 54. Lew's Arko. bring the consenting firms into present iL.-4-24-79. compliance with the Mandatory Mo.-4-18-79. 5210 Hiway. 12421 Grandvlew Rd.. 55. Central.Northwest Serv. Allocation and Price 18. Bob Quail. .---4-25-79. Petroleum Grandview, Mo.--4-18-79. Chicago. and they do not address or Johnson Standard Serv., RL 176 &RL 47, Regulations 19. Huttons Mobil. 8706 Blue Ridge Blvd., 5. limit any liability with respect to the Grandview. Mo.-4-18-79. Crystal Lake. IL-4-25-79. firms' prior compliance or 57. Bob's Super Texaco, 154 & S. Park Ave consenting 20. Copelin Bros. Ser., 111 & Blue Ridge possible violation of the aforementionec Grandview. Mo.-4-18-79. Holland. 11.-4-28-79. Blvd., Wheaton. regulations. Pursuant to the Consent 21. Allinders Apco. 900 E. Alton. 58. Rod's Mobil. 1000 F. Roosevelt. the consenting firms agree to the Independence. Mo.--4-12-79. I.--4-2-79. Order, Senice. Irving Park Rd. & Clark. actions: 22. Wade Martin. 6001 Parallel. Kansas City. 59. Val's following Chicago. II. 4-26-79. 1. Reduce prices for each grade of Ks.--4-13--79. & Ashland. Bowling Brook. 60. Val's Service. Addison to no more than the maximum 23. Bob's Shell. 155 &RL 53. gasoline 11-4-3-79. Chicago. 11-4-28-79. price; Touhy Ave., lawful selling 24. Meyer Shell. RL 30 &Western Ave., 61. Touhy & Dee Phillip. 2301 2. Post the maximum lawful selling Chicago. 11-4-3-79. Parkridge, IL.-4-27-79. 62. Gas City Limited. 160 LaGrage Frankfort. price for each grade of gasoline on the 25. Montrose &Clark Shell. 1427 IV. ' face of each pump in numbers and Montrose. Chicago. 11--4-12-79. IL-4-27-79. Texaco. 1201 S. Wolf. letters not less than one-half inch in 26. Fraga Shell. 3551 N. Ashland. Chicago. 63. Wolf & Palatine Heights. IL-4-27-79. height; and 1....4-13-79.' Prospect 29435 Orchard Lake Rd.. 64. Richard Grueshaber. 8983 Buck Rd..- Properly maintain records required 27. Schutz Standard. 3. Mi--4-12-79. Rossford. Oh.--4-23-79. under the aforementioned regulations. Farmington. 40544 Federal Register / Vol.'44, No. 134 / Wednesday, July 11, 1979 / Notices I , I I =I

65. C. W. Drahier, 720 Conant, Maumee, 102. Checker Oil Co., 4900 W. State, 138. Cal's Exxon, 360 S. Hamilton, Gahanna, Oh.-4-23-79. Rockford, 1.--5-1-79. Oh., 5-10-79. 66. Larry Harrison, 11141 Freemont, 103. Hall's Arco, 1228 E. Dundee, Palatine, I., - 139. Broad & Nelson Shell, 1084 Broad, Perrysburg, Oh.-4-23-79. 5-2-79 Columbus, Oh., 5-10-79, 67. Cntr. Heights Mobil, 3884 Warrenville Ctr. 104. B &W Service, Rt. 30 &54, Matteson, 1l. 140. Bope's Shell, 2676 Cleveland Ave., Rd., Warrensville, Heights, Oh.--4-24-79. 5-2-79 Columbus, Oh., 5-10-79, , 68. Don's Arko, 33245 Aurora Rd., Solon, 105. Laurie's Standard, Rt. 30 &45, Frankfort, 141. Dave & Mark's Arco, 5735 Maple Oh.-4-25-79. II., 5-2-79 Canyon, Columbus, Oh,, 5-10-79. 69. James Ward Shell, 7909 Euclid Ave., 106. Leslie Car Wash, 375 Roosevelt, Glen 142. Lakewood Shell, Madison & Warren, Cleveland, Oh.--4-25-79. Ellyn, II., 5-3-79 Lakewood, Oh., 5-11-79. 70. Shoreway Arco, 9308 Clifton Blvd., 107. Vaughn's Arco, 34801 Ridge, Willoughby, 143. L.A. Meme Sohio, 2285 Warren, Cleveland, Oh.-4-26-79. Oh., 4-20-79 Lakewood, Oh., 5-11-79. 71. Worthington Square Exxon, 7141 N. High, 108. Boehm's Sunoco, 8498 E. Washington, 144. McKenzie Texaco, 955 E. Dublin- Worthington, Oh.--4-26-79. I Chagrin Falls, Oh., 4-30-79 Grandville Rd., Columbus, Oh., 5-11-70. 72. Frankies Texaco, 4512 Broadview, 109. Bexley Mobil, 2570 E. Main, Columbus, 145. Tel-12 Mobil, 29014 Telegraph, Cleveland, Oh.--4-26-79. OIo., 5-1-79 Southfield, Mich., 5-0-79. 73. Fred Less, 19779 Mack, Gross Point 110. Stapleton Auto, 3380 E. Main, Columbus, 146. Southwest Standard, 1508 W. Bristol, Woods, Mi.--4-25-79. Ohio, 5-2-79 Flint, Mich., 5-10-79, 74. Ray Summer Serv., 19733 Mack, Gross 111. Auto Care Serv., 5505 St. Clair, 147. Frank's Service Cntr., 5564 Woodward, Point Woods, Mi. t-4-25-79. Cleveland, Qh., 5-3-79. Detroit, Mich., 5-8-79. 75. Hemphill Standard, 5996 Woodward Ave., 112. Bill Serv. Cntr., 60 S. Orchard, Park 148. Wopdward Glendale Standard, 12551 Detroit, Mi.--4-25-79. Forest, I1., 5-4-79. Woodward, Detroit, Mich,, 5-8-79, 76. Hoke Bros. Standard, 3555 Woodward 113. A &A Texaco, 1790 N. Milwaukee, 149. Bashi Shell, 19420 Woodward, Detroit, Ave., Detroit, Mi.-4-25-79. Libertyville, 11., 5-4-79. I Mich., 5-8-79. 77. McMillers Standard, 1600 E. McMichols, 114. Mels's Standard, Rt. 2 Box 277, Longrove, 150. Woodward & Carmel Serv., 19390 Detroit, Mi.-4-25-79. I1., 5-4-79. Woodward, Detroit, Mich,, 5-8-79. 78. Ernies Super Gulf, 6717 Davison, Detroit, 115. Wheaton Shell, 700 E. Roosevelt Rd., 151, Richard Krausemann Gulf, 10820 Mi.-4-25-79. Wheaton, II., 5-4-79. Kercheval, Grosspont, Mi., 5-7-79. 79. Flints Serv., 19737 Mound, Detroit, Mi.-4- 116. South Main Shell, 325 S. Main, Wheaton, 152. 1-75 & Wiirren Shell, 930 E. Warren, 25-79. 11., 5-4-79. Detroit, Mich., 5-7-79. 80. 7 & Van Dyke Shell, 8020 E. 7 Mile. 117. McShane Mobil, 3471 Lee Rd., Shaker 153. Murphy Mobil, 1001 E. Warren, Detroit, Detroit, Mi.--4-25-79. Heights, It., 5-4-79. Mich., 5-7-79. 81. Gratiot Sanford Shell, 12145 Gratiot, 118. Hassan Dabaja Shell, 15430 W:Warren, 154. Carpenters Standard, 714 E. Warren, Detroit, Mi.-4-25-79. Dearborn, Mi., 5-1-79. Detroit, Mich., 5-7-79. 82. Homers Gulf, 2844 E. Grand Blvd., Detroit, 119. James Carmen Shell, 22210 Outer, 155. J & I Service, 3001 Russell, Detroit, Mich., Mi.-4-24-79. Dearborn, Mi., 5-1-79. 5-8-79. 83. Larry's Econ-O-Change, 22701 Gratiot, 120. Highland Park Gulf, 16070 Woodward. 157. Auto Poteet, 6080 Chaney, Detroit, Mich., Detroit, Mi.-5-27-79. Highland Park, Mi., 5-2-79. 5-8-79. 84. 8 Mile &Kelly Total, 1770 E. 8 Mile Rd., 121. MacAllen Goddard Standard, 19142 158. D & D Enterprises, 1420 Washlenaw, Harper Woods, Mi.-4-27-79. Goddard, S6uthgate, Mi., 5-2-79. Ypsilanti, Mich., 5-10-79. 85. Dan',s Standard, 16025 E. Warren, Detroit, 122. Consolidated Auto Serv., 11006 Allen, 159. Bellville & 1-94 Shbll, 11530 Bellville, Mi.--4-27-79o Taylor, Mi., 5-2-79. Bellville, Mi., 5-10-79, 86. Clay & Crysler Shell, 1140 Clay Street, 123. Henry Bethume, 460 Biddle, Wyandotte, 160. Blinski's Rental Inc., 7358 Stoney Island Detroit, Mi.-4-27-79. Mi., 5-3-79. Chicago, Il., 5-11-79. 87. I & G Shell, 8901 Woodward, Detroit, 124. Hur's Mobil, 6050 Mr. Elliott, Detroit, Mi., 161. Bollings Shell, 7859 S. State, Chicago, II., Mi.-4-27-79. 5-3-79. 5-11-79. 88. Cedar & Mt. Hope Standard, 1901 S. 125. John's Shell, 1701 E. Grand, Detroit, Mi., 162. R.W. Standard, 53 W. 79th, Chicago, 11., Cedar, lansing, Mi.--4-27-79. 5-3-79. 5-11-79. 89. McNalley's Standard, US Rt. 27; Dewitt, 126. Grand River Gulf, 5690 Grand River, 163. Bob's Wheaton Union 76, 920 Roosevelt, Mi.--4-27-79. - Detroit, Mi., 5-3-79. Wheaton, I1., 5-11-79. 90. Lindell Standard, 7544 Lyndale Ave So., 127. Sun Ray Standard, 3444 Ruth, St. Paul 164. Irving & Paulina Mobil, 1022 W. Irving, Minneapolis, Minn.-.4-27-79. Minn., 5-1-79. Chicago, I1., 5-10-79. 91. Wilhelms Nicollett Inc., 7720 Nicallet Ave. 128. Worthington Shell, 6568 N. High, 165. Lawrence & Ashland Shell, 4800 N. S., Minneapolis, Minn.-4-27-79. Columbus, Qh., 5-7-79. Ashland, Chicago, 1., 5-10-79, 92. Ray Sessler Shell, 620 Union, St. Louis,' 129. Joe Nader Mobil, 5801 Tamarack, 166. Fred's Standard, 1205 Wolf Rd,, Des Mo.--4-30-79. Columbus, Oh, 5-7-79. Plaines, II., 5-10-79. 93. Sanders Martion Serv., 10775 Watson, 130. Eastmore Gulf, 2965 E. Main, Columbus,' 167. B & D Almarc, Belmont & Devon, Sunset Hills, Mo.-5-1-79. Oh., 5-8-79. Chicago, I1., 5-9-79. 94. Bill's Standard, 9666 Watson, Crestwood, 131. Karl's Sohio, 27303 Detroit, Westlake, 168, Mt. Prospect Standard, Dempster 6 Rt, Mo.-S-1-79. Ohio, 5-8-79. 83, Mt. Prospect, 11.,5-9-79. 95. 74th Street Mobil, 7406 W. Main, Bellville, 132. Bud's Exxon, 4901 E. Main, Columbus, 169. Milwaukee & Dearfield Standard, 1105 IL.-5-2-79. Oh., 5-9-79. Milwaukee, Dearfield, I., 5-9-79. 96. 76 Union, 3829 N. Belt W., Bellville, I.-5- 133. Tony's-Shell, 1-70 & State Rt. 256, 170. Dan's Super 100, 3435 W. 211th, 5-9-79. 2-79. Reynoldsbury, Oh.- Matteson, I1,, 5-8-79. 97. Ray Anderson Standard, 7140 Dodge, 134. Brookgate Arco, 15050 Snow Rd.,' 171. Chester's Standard, Rt. 30 & WEstern,. Omaha, Ne.-5-1-79. Brookpark, Oh., 5-10-79. Chicago Heights, I., 5-8-79. 98. Westphalens '66 Serv., 5920 Rdick, 135. Matthew George Sylvester. 15149 Snow 172. Rex's Mobil, Rt. 30 & Western, Chicago Omaha, Ne.-5-2-79. Rd., Brookpark, Oh., 5-10-79. Heights, 11.,5-8-79 '39. Fulerton Austin Shell, 601 W. Fullerton, 136. William Leek Union 76, 5878 Smith Rd., 173. Clark Touhy Standard, 7130 N. Clark, Chicago, 11.-4-30-79. Brookpark, Oh., 5-10-79. Chicago, 1I., 5-7-79 100. Belmont Naragansett Shell, 6400 W. 137. William Gallagher Shell, 11701 Clifton, 174. Parking Stations,30 E. Ontario, Chlctgo, Belmont, Chicago, 1L.-4-30-79, Lakewood, Oh., 5-10-79.. II., 5-7-79 101. Larry's Standard, 809W. Green, Urbana, 175. Grove Standard, 809 E. 102nd St., South 11.-4-30-79. Holland, II., 5-7-79 Federal Register / Vol. 44, No. 134 1 Wednesday, July 11, 1979 / Notices 40545

176. Old Town Plaza. 130 W. North Ave., 212. Haesele Sunoco. 2396 N. Ridge. Elyria, 249. Chicago Beech Standard. 544 8S. Cornell. Oh., 5-1,&-79 Chicago, 11., 5-7-79 Chicago, I1.. 5-31-79 177. Arco on the Ryna, 8701 S. State, Chicago. 213. Mesnard Shell, 4975 Washtenaw. Ann 250. Metro Ajax Rent-A-Car. 1525 E. 7-8h St.. Arbor, MI, 5-14-79 Bloomington. Mn.. 5-29-79 Il., 5-9-79 ta 10ZZ.79g-ZUV 8L7-7:45 a--l 178. Gas House Standard, 7980 Clayton Rd.. 214. Win. Rampe Shell, 10 Plymouth. Ann St Louis, Mo., 5-10-79 Arbor, M, 5-14-79 1LUNO COOE 6450-01-M 179. Carrollton Shell. 12401 Natural Bridge, St. 215. SPC, 12 Mile & Greenfield. Southfield. Louis, Mo., 5-10-79 MI. 5-16-79 180. Page Industrial Shell. 10334 Page, St. 216. SPC. 11 Mile & Coolidge Oaks Park. MI. Fagadau Energy Corp.; Action Taken Louis, Mo.. 5-10-79 5-15-79 on Consent Order 181. Barretts Standard, 1590 S. Florissant. 217. Ed Deyo &Sons Mobil, 25010 Mound. Florissant. Mo., 5-16-79 Warren, ML 5-1-79 AGENCY: Economic Regulatory 182. Circle Standard, 9401 Hails Ferry. St. 218.12 Mile & Mound Shell, 59Z. 12 Mile Administration. Departmeit of Energy. Louis, Mo., 5-16-79 Warren, Mi., 5-14-79 AcTION: Notice of action taken and 183. Gary's Army PostStandard SE, 14th & 219.14 Mile & Mound Mobil. 3-941 Mound opportunity for comments on Consent Army Post Rd., Des Moines, IA, 5-7-79 Warren, ML. 5-15-79 Order. 184. G&S Arco, 5657 S. Cottage Grove, 220. Howard's S. Shell. 4016S. Telegraph. Chicago. I., 5-18-79 Bloomfield Hills. 5-17-79 SUMMARY: The Economic Regulatory 185. Grand & Ashland Shell, 1535 W. Grand, 221. Davidson Oil -6. 4017 E. Bristol. Flint. Administration (ERA) of the Department Chicago, IL 5-17-79 MI. 5-16-79 of Energy (DOE announces action-taken 186. Reed's Shell, 801 Cicero, Chicago. 11, 5- 222. Beecher-Mill Standard, G-448 Beecher 17-79 Rd.. Flint. MI. 5-17-79 to execute a Consent Order and 187. Jordan Ser., 22W. 535 75th, Naperville, 223. Tri-City Standard. 19440 10 Mile Rd. E., provides an opportunity for public 11, 5-17-79 Detroit Mi.. 5-15-79 comment on the Consent Order and on 188. John's Super Shell, 7900 SLLafayette, 224. Larry's Standard. 27030 Gratlot potential claims against the refunds Chicago. I1., 5-17-79 Roseville, 5-15-79 deposited in an escrow account. 189. Bill's Arco, 601 E. Sibley, Calumet City, 225. Rocky River Shell, 20045 Lake Rd., Rocky Established pursuant to the Consent 11., 5-17-79 River Oh., 5-21-79 Order. 190. Monterrey 66.2335 S. Western, Chicago, 226. Hudson Marathon. 237 N. Main. Hudson. DATES: Effective date: June 26,1979. U., 5-17-79 Oh. 3-21-79 190. Root Bros Standard. 631 N. LaSalle. 227. Opal's Union 76. 197$ Lake Rd.. Rocky Comments by: August 10. 1979. Chicago. IL. 5-16-79 River, Oh., 5-21-79 ADDRESS: Send comments to: Wayne I. 191. Fred's Clark. 251 N. North Hwy., 228. Cappicclnni's Arco. 20249 Lake Rd.. Tucker, District Manager of Palatine, IL, 5-15-79 - Rocky River. Oh. 5-21-79 Enforcement, Southwest District Office. 192. Hickory Hills Arco. 8800 W. 87th. 229. Ward's Sunoco. 3535 Sullivant. Department of Energy. P.O. Box 35228, Hickory Hills, I. 5-1-79 Columbus, Oh., -23-79 Dallas, Texas 75235. 193. Jack's Standard. 79th & Clark, Justice. Il., 230. Maplewood Plaza Shell 6132 Stillborn, 5-15-79 Ft. Wayne. Ind.. 5-23-79 FOR FURTHER INFORMATIOM CONTACT., 194. Charley's Super Shell, 5501 S. Damen, 231. Industrial Park Shell. 4933 Lima Rd.. FL Wayne I. Tucker, District Manager of Chicago, 11., 5-15-79 Wayne. Ind., 5-23-79 Enforcement, Southwest District Office, 195. Ashland & Grand Arco, 505 N. Ashland. 232. Hudson Exxon. 45 W. Streetsboro. Department of Energy. P.O. Bok 35228. Chicago, IL, 5-14-79 Hudson. Ohio, 5-25-79 Dallas, Texas 75235 [phone] 2141749--. 196. Pulaski Texaco, 5849 S. Pulaski. Chicago, 233. Dick's Service. 119th & 1-35. Overland 7626. 11. 5-14-79 Park. KS., 5-21-79 197. Cornutes Gulf. 112 Jefferson. Columbus. 234. Berro Shell, 11011 Telegraph. Taylor. SUPPLEMENTARY INFORMATION: On June Oh.. 5-14-79 Mich, 5-25-79 26,1979, the Office of Enforcement of 198. Kelley's Union 76,2121 W. Mound. 235. Nick's Amoco. 293 Uvernols. Troy. the ERA executed a Consent Order with Columbus, Oh., 5-15-79 Mich., 5-21-79 Fagadau Energy Corporation of Dallas, 199. Northland Gulf. 4407 Cleveland. 236. Troy's Standard. 2820 Rochester. Troy, Texas. Under 10 C.F.R. 203.199J~b}, a Columbus, Oh., 5-18-79 Mich., 5-21-79 Consent Order which involves a sum of 200. Bryie's Shell. 2301 Sherman, Ft. Wayne, 237. Forward Car Wash. 1615 N. Saginau, less than S500.000 in the aggregate, In., 5-17-79 Midland. Mich., 5-23-79 excluding penalities and interest. - 201. Tony & Bill's Sunoco, 1624 Sipy Run, Ft. 238. Harvey's Phillips '66.2 -. 87th. Chicago, becomes effective upon its execution. Wayne. In., 5-17-79 Il., 5-25-79 202. Knox's Shell, 2702 S. Clinton, Ft. Wayne. 239. Harlem Shell. 7901 S. Harlem. Oak La%'n. Because the DOE and Fagadau Energy In., 5-17;-79 II.. -25-79 Corporation wish to expeditiously 203. Worthington Hills Exxon. 7801 240. Western Avenue Shell 7858 Western, resolve this matter as agreed and to Olentanary. Worthington, Oh., 5-14-79 Chicago, IL. -25-79 avoid delay in the payment of refunds, 204. Mack's Exxon. 2265 Dakin, Columbus, 241. Division & Central Shell. 1,01 N. Central. the DOE has determined that it is in the Oh.. 5-14-79 Chicago. ti.. 5-22-79 public interest to make the Consent 205. Mosic Bros, Shell, 1509 Lockbourne. 242. Grand-Cicero Shell. 4753 W. Grand. Order with Fagadau Energy Corporation Columbus, Oh., 5-18-79 Chicago, 11., 5-2Z-79 effective as of the date of its execution 20B. Maplewood Mobil, 6316 Stellhorn, Ft. 243. Venture Standard. 34.02 S. Archer. Wayne. In. 5-15-79 by the DOE and Fagadau Energy Chicago. IL. 5-21-79 Corporation. 27. Clarks Phillip 66,602 E. Jefferson, Ft. 244. North & LaSalle Standard. 160 N. Wayne, In., 5-15-79 LaSalle, Chicago, IL 5-21-79" I. Consent Order 208. Gouty's Marathon. 3500 Broadway. FL 245. Brentwood Square Standard. 1511 Wayne, In., 5-1579 Brentwood, Brentwood, Mo,, 5-29-79 Fagadau Energy Corporation is a firm 209. Crestwood Texaco, 5830 N. Clinton, Ft. 246. Albano Service, 3954 W. Division. engaged in the processing of natural gas Wayne. In., 5-17-79 Chicago, IL, 5-29-79 and sale of natural gas liquids and 210. Ed's Sunoco, 2304 N. Wells, Ft. Wayne, 247. Pulaski Service Cntr. 1230 N. Pulaski. natural gas liquid products, and is In., 5-17-79 Chicago. IL. 3-29-79 subject to the Mandatory Petroleum 211. Hartsel's Sohio, 508 Center Rd., Avon 248. Big Two Super Shell. 2941 E. 83rd. Price and Allocation Regulations at 10 Rake, Oh.. 5-18-79 Chicago. IL 3-29--79 CFR.Parts 210, 211, and 212. To resolve 40546 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices certain civil actions which could be The DOE intends to distribute the by 4:30 p.m., local time, on August 10, brought by the Office of Enforcement of refund amounts in a just and equitable 1979. You should identify any the Economic Regulatory Administration manner in accordance with applicable information or data which, in your as a result of its audit of sales of NGLs laws and regulations. Accordingly opinion, is confidential and submit It in and NGL products, the Office of distribution of such refunded accordance with the procedures in 10 Enforcement, ERA, and Fagadau Energy overcharges requires that only those CFR 205.9(f). "persons" (as Corporation entered into a Consent defined at 10 CFR 205.2] Issued in Dallas, Texas on the 2nd day of Order, the significant terms of which are who actually suffered a loss as a result July, 1979. as follows: of the transactions described in the Wayne I. Tucker, 1. The period covered by the audit - Consent Order receive appropriate DistrictManager, Southwest District was September-1973 through October refunds. Because of the petroleum Enforcement,Economic Regulatory 1976 and it included all sales of natural industry's complex marketing system, it A'dministration. gas liquids and natural gas liquid is likely that overcharges have either IFR Doc. 79-21352 Filed 7-10-79; 1145am) products which were made during that been passed through as higher prices to BILLING CODE 6450-01-M period. subsequent purchasers or offset through 2. Fagadau Energy Corporation devices such as the old Oil Allocation improperly applice the provisions 6 CFR (Entitlements) Program, 10 CFR 211.67. Hixon Development Co.; Action Taken In fact, the adverse effects of the on Consent Order Part 150, Subpart L, and 10 CFR Part 212, overcharges may have become so Subpa'rts E and K, when determining the diffused that it is a practical AGENCY: Economic Regulatory prices to be charged for its natural gas impossibility to identify specific, Administration, Department of Energy, liquids and natural gas liquid products; adversely affected persons, in which ACTION: Notice of action taken and and, as a consequence, charged prices in case disposition of the refunds will be opportunity for comment on Consent excess of the maximum lawful sales made in the general public interest by Order. prines resulting in overcharges to its an appropriate means such as payment customer. - to the Treasury of the United States SUMMARY: The Economic Regulatory 3. In order to expedite resolution of pursuant to 10 CFR 205.199I(a). Administration (ERA) of the Department the disputes involved, the DOE and of Energy (DOE) announces action taken Fagadau Energy Corporation have I1.Submission of Written Comments to execute a Consent Order and agreed to a settlement in the amount of A. Potential Claimants:Interested provides an opportunity for public $133,000. The negotiated settlement was persons who believe that they have a comment on the Consent Order and on determined to be in the public interest claim to all or a portion of the refund potential claims against the refunds as well as the best interests of the DOE amount should provide written deposited in an escrow account and Fagadau Energy Corporation. notification of the claim to the ERA at established pursuant to the Consent 4. Because sales'of the natural gas this time. Proof of claims is not now Order. liquids and natural gas liquid products being required. Written notification to DATES- Effective Date: June 25, 1979. were made to a reseller and the ultimate the ERA at this time is requested COMMENTS BY: August 10, 1979. consumers are not readily identifiable, primarily for the purpose of identifying the refund will be made through the valid potential claims to the refund ADDRESS: Send comments to: Wayne 1. DOE in accordance with 10 CFR Part amount. After potential claims are Tucker, District Manager of 205, Subpart V as provided below. identified, procedures for the making of Enforcement, Southwest District Office, 5. The provisions of 10 CFR 205.199J, proof of claims may be established. Department of Energy, P.O. Box 35228, including the publication of this Notice, Failure by a person to provide written Dallas, Texas 75235. are applicable to the Consent Order. notification of a potential claim within FOR FURTHER INFORMATION CONTACT: the comment period for this Notice may Wayne I. Tucker, District Manager of II. Disposition of Refunded Overcharges result in the'DOE irrevocably disbursing Enforcement, Southwest DiStrict Office, In this Consent Order, Fagadau the funds to other claimants or to the Department of Energy, P.O. Box 35228, Energy Corporation agrees to refund, in general public interest. Dallas, Texas 75235--(214) 749-7626. full settlement of any civil liability with B..Other Comments: The ERA invites SUPPLEMENTARY INFORMATION: On June respect to actions which might be interested persons to comment on the 25, 1979, the Office of Enforcement of brought by the Office of Enforcement, *lerms, conditions, or procedural aspects the ERA executed a Consent Order with ERA, arising out of the transactions of this Consent Order. Hixon Development Company of specified in I. 1. above, the sum of You should send your comments or Houston, Texas. Under 10 CFR $83,985 on or before January 26, 1980. written notification of a claim to Wayne § 205.199J(b), a Consent Order which The remaining portion of the $133,000 I. Tucker, Distrit Manager of involves a sum of less than $500,000 In settlement ($49,015) has previously been Enforcement, Southwest District'Office, the aggregate, excluding penalties and returned to the marketplace in the form Department of Energy; P.O. Box 35228, interest, becomes effective upon Its of a cash refund to the initial purchaser. Dallas, TX 75235. You may obtain a free execution. The amount to be refunded ($83,985) will. copy of this Consent Order by writing to. be made in 4 payments over a period of the same address or by calling (214) 749- I. The Consent Order seven months in the form of certified 7626. . You should identify Hixon Development Company, with checks made payable to the United your comments or its office located in San Antonio, Texas, States Department of Energy and will be written notification of a claim on the is a firm engaged in crude oil delivered to the Assistant Administrator outside of your envelope and on the production, and is subject to the for ,nforcement, ERA. These funds will documents you submit with the Mandatory Petroleum Price and remain in a suitable account pending the designation, "Comments on Fagadau Allocation Regulations at 10 CFR Parts determination of their proper Energy Corporation Consent Order." We 210, 211, 212. To resolve certain civil disposition. will consider all comments we receive actions which could be brought by the Pderni ReAister / Vol. 44. No. 134 I Wednesday, July 11, 1979 / Notices40 405477 Federal Re ster / Vol. 44 No. 134 / Wednesday, July 11, 1979 / Notices industry's complex marketing system, it Issued in Dallas, Texas on the 2nd day of Office of Enforcement of the Economic July. 1979. Regulatory Administration as a result of is likely that overcharges have either its audit of crude oil sales, the Office of been passed through as higher prices to Wayne L Tucker, Enforcement-ERA, and Hixon subsequent purchasers or offset through DiLdct ManaerofEnforcement, Sozuhwest Development Company, entered into a devices such as the Old Oil Allocation Ditric EconomicBeuiatoryAdmimnstmftor Consent Order, the significant terms of (Entitlements) Program. 10 CFR § 211.67. (M1D:-- 713-212:0 FL- 7-104kn FZ4 = which are as follows: In fact, the adverse effects of the *tLflG COOE 64O-011- 1. The period covered by the audit overcharges may have become so was September, 1973 through December, diffused that it is a practical 1977 and it included all sales of crude oil impossibility to identify specific, R. Lacy, Inc4 Action Taken on Consent which were made during that period. adversely affected persons, in which Order 2. Hixon Development Company case disposition of the refunds will be AGENCY: Economic Regulatory improperly applied the provisions of 6 made in the general public interest by Administration. Department of Energy. CFR Part 150, Subpart L, and 10 CFR an appropriate means such as payment ACTION: Notice of Action taken and 212, Subpart D, when determining Part to the Treasury of the United States opportunity for comment on Consent the prices to be charged for crude oil; pursuant to 10 CFR § 205.1991(a). Order. and as a consequence, charged prices in excess of the maximum lawful sales M. Submission of Written Comments SUMMARY: The Economic Regulatory prices resulting in overcharges to its A. PotentialClaimants: Interested Administration (ERA) of the Department customers. persons who believe that they have a of Energy (DOE) announces action taken resolution of 3. In order to expedite refund to execute a Consent Order and DOE and claim to all or a portion of the the disputes involved, the should provide written provides an opportunity for public Development Company have amount Hixon notification of the claim to the ERA at comment on the Consent Order and on agreed to a settlement in the amount of potential claims against the refunds $45,000.00. The negotiated settlement this time. Proof of claims is not now being required. Written notification to deposited in an escrow account was determined to be in the public established pursuant to the Consent interest as well as the best interests of the ERA at this time is requested primarily for the purpose of identifying Order. the DOE and Hixon Development June 29,1979. Company. valid potential claims to the refund DATES: Effective date: 4. Because the sales of crude oil were amount. After potential claims are COMMENTS BY: August 10,1979. made to refiners and the ultimate identified, procedures for the making of ADDRESS: Send comments to: Wayne L consumers are not readily identifiable.' proof of claims may be established. Tucker, District Manager of the refund will be made through the Failure by a person to provide written Enforcement, Southwest District Office, DOE in accordance with CFR Part 205, notification of a potential claim within Department of Energy, P. O. Box 35228, Subpart V as provided below. the comment period for this Notice may Dallas, Texas 75235. J 205.199J, 5. The provisions of 10 CFR result in the DOE irrevocably disbursing FOR FURTHER INFORMATION CONTACT: including the publication of this Notice, the funds to other claimants or to the Wayne 1. Tucker, District Manager of are applicable to the Consent Order. general public interest. Enforcement, Southwest District Office, II. Disposition of Refunded Overcharges B. Other Comments: The ERA invites Department of Energy, P.O. Box 352238, interested persons to comment on the Dallas, Texas 75235, Phone 2141749- In this Consent Order, fixon terms, conditions, or procedural aspects 7626. Development Company agrees to refund, of this Consent Order. You should send in full settlement of any civil liability SUPPLEMENTARY INFORMATION: On June your comments or written notification of 29,1979, the Office of Enforcement of with respect to actions which might be a claim to Wayne L Tucker, District brought by the Office of Enforcement, the ERA executed a Consent Order with ERA, arising out of the transactions Manager of Enforcement, Southwest R. Lacy. Inc. of Longview, Texas. Under specified in Li. above, the sum of District Office, Department of Energy, 10 CFR 205.199J(b), a Consent Order $45,000.00 on or before July 31, 1980. P.O. Box 35228, Dallas, Texas 75235. You which involves a sum of less than Refunded overcharges will be in the may obtain a free copy of this Consent ,500.000 in the aggregate, excluding form of a certified check made payable Order by writing to the same address or- penalties and interest, becomes effective to the United States Department of by calling (214) 749-7626. upon its execution. Energy and will be delivered to the You should identify your comments or Because the DOE and R. Lacy, Inc. Assistant Administrator for written notification of a claim on the wish to expeditiously resolve this matter Enforcement, ERA. These funds will outside of your envelope and on the as agreed and to avoid delay in the remain in a suitable account pending the documents you submit with the payment of refunds, the DOE has determination .of their proper designation, "Comments on Hixon determined that it is in the public disposition. Development Company Consent Order." interest to make the Consent Order with The DOE intends to distribute the We will consider all comments we R. Lacy. Inc. effective as of the date of refund amounts in a just and equitable receive by 4:30 p.m., local time, on its execution by the DOE and R. Lacy, manner in accordance with applicable August 10,1979. You should identify any Inc. laws and regulations. Accordingly, information or data which. in your L Consent Order distribution of such refunded opinion, is confidential and submit it in in overcharges requires that only those accordance with the procedures in 10 R. Lacy, Inc. with its home office "persons" (as defined at 10 CFR Longview, Texas is a firm engaged in the § 205.2) CFR § 205.9(f). who actually suffered a loss as a result production and sale of crude oil and is of the transactions described in the subject to the Mandatory Petroleum Consent Order receive appropriate Price and Allocation Regulations at 10 refunds. Because of the petroleum CFR. Part 210.211.212. The Office of 40548 Federal Register / Vol. 44, No. 134 / Wednesday, JuJy 11, 1979 / Notices

Enforcement of the Economic Regulatory impossibility to identify specific, ACTION: Notice of Action taken and Administration (ERA) and R. Lacy, Inc. adversely affected person, in which case opportunity for comment on Consent entered into a Consent Order to resolve disposition of the refunds will be made Order. certain civil actions which could be in the general public interest by an brought by ERA as a result of its audit of appropriate means such as payment to SUMMARY: The Economic Regulatory the crude oil sales by R. Lacy, Inc. This the Treasury of the United States Administration (ERA) of the Department Consent Order settles those matters pursuant to 10 CFR 205.1991(a). of Energy (DOE) announces action taken relative to R. Lacy, Inc.'s production and to execute a Consent Order and Il. Su[mission of Written sale of crude during the period Comments provides an opportunity for public September 1, 1973 through December 31, PotentialClaimants: Interested comment on the Consent Order and on 1977. persons who believe that they have a potential claims against the refunds The significant terms of the Consent claim to all or a portion of the refund deposited in an escrow account Order with R. Lacy, Inc. are as follows: amount should provide written established pursuant to the Consent 1. R. Lacy Inc. improperly applied the notification of the claim to the ERA at Order. provisions of 10 CFR 212.73 and its this time. Proof of claims is not now DATES: Effective date: June 27, 1079. predecessor, 6 CFR § 150.353 when being required. Written notification to Comments by August 10, 1979. determining the prices to be charged for the ERA at this time is requested ADDRESS: Send comments to: Wayne I. certain domestic crude oil. primarily for the purpose of identifying Tucker, District Manager of 2. R. Lacy, Inc. understands and valid potential claims to the refund Enforcement, Southwest District Office, agrees to refund $40,472.32 plus interest amount. After potential claims are Department of Energy. P.O. Box 35228, to the DOE by certified check. This identified, procedures for the making of Dallas, TX 75235. proof of claims may be established. amount is in full settlement of any and FOR FURTHER INFORMATION CONTACT: all civil liability within the jurisdiction Failure by a person to provide written notification of a potential claim within Wayne'l. Tucker, District Manager of of the DOE in regard to actions that Enforcement, Southwest District Office, might be brought by the DOE arising out the comment period for this Notice may result in the DOE irrevocably disbursing Department of Energy, P.O. Box 35228, of the specified transactions for the Dallas, TX 75235 [phone] 214/749-7020. following properties: the funds to other claimants or to the general public interest. SUPPLEMENTARY INFORMATION: On June M. H. Cox 27, 1979, the Office Rappe Other Comments: The ERA invites of Enforcement of G. Maberry interested persons to comment on the the ERA executed a Consent Order with J. G.Shamburg&r terms: conditions, or procedural aspects Triton Oil and Gas Corporation of of this Consent Order. Dallas, Texas. Under 10 CFR 3. The provisions of 10 CFR 205.199J. You should send your comments 205.199j9(b), a Consent Order which including the publication of this Notice, or written notification of a claim to Wayne involves a sum of less than $500,000 in are applicable to the Consent Order. I. Tucker, District Manager of - the aggregate, excluding penalties and II. Disposition of Refunded Overcharges Enforcement, Southwest District Office, interest, becomes effective upon its Department of Energy, P.O. Box 35228, execution. Refunded overcharges as described in Dallas, Texas 75235. You may obtain Because the DOE and Triton Oil and 2. above will begin on the, first day of a free copy of this Consent Order by Gas Corporation wish to expeditiously the month immediately after the signing writing to the same address or by calling resolve this matter as agreed and to of the Consent Order and continue every 214/749-7626. avoid delay in the payment of refunds, three months thereafter until fully paid. You should identify your comments or the DOE has determined that it is in the Delivery of such payments shall be to public interest to make the Consent the Assistant Administrator for written notification of a claim on the outside of your envelope and on the Order with Triton Oil and Gas Enforcement, Economic Regulatbry Corporation effective as of the date of Administration, in the form of a certified documents you submit with the designation, "Comments on R. Lacy, Inc. its execution by the DOE and Triton Oil check made payable to the United and Gas Corporation. States Department of Energy. Consent Order." We will consider all comments we receive The DOE intends to distribute by 4:30 p.m., local 1.The Consent Order the time, August 10, 1979. You should refund amounts in a just and equitable identify any information or data which, Triton Oil and Gas Corporation, with manner in accordance i.ith applicable in your opinion, is confidential and its home office in Dallas, TX, is a firm laws and regulations. Accordingly, submit it in accordance engaged in the production and sale of distribution of such refunded with the procedures in 10 CFR natural gas liquids (NGL) and natural overcharges requires that only those 205.9(f). "person" gas liquid products, and is subject to the (as defined at 10 CFR 205.2) Issued in Dallas, Texas on the 29th day of Mandatory June 1979. Petroleum Price and who actually suffered a loss as a result Allocation Regulations at 10 CFR, Parts of the transactions described in the Wayne I. Tucker, 210, 211, 212. To resolve certain civil Consent Order receive appropriate DistrictManager of Enforcement, Southwest 4ctions which could be brought by the refunds. Because of the petroleum District Office, EconoricRegulatory Administration. Office of Enforcement of the Economic industry's complex marketing system, it Regulatory Administration as a result of is likely that overcharges have either [FR Doc. 79-21348 Filed 7-10-M. 8:45 aml its audit of sales of NGL's and NGL been passed through as higher prices to BILLING CODE 6450-1-41 products, the Office of Enforcement, subsequent purchasers or offset through ERA, and Triton Oil and Gas devices such as the Old Oil Allocation Triton Oil and Gas Corp.; Action Taken Corporation entered into a Consent (Entitlements) Program, 10 CFR 211.67. on Consent Ord& Order, the significant terms of which are In fact, the adverse effects of the as follow$: overcharges may have become so AGENCY: Economic Regulatory 1. The period covered by the audit diffused that it is a practical Administration, Department of Energy. was September 1973 through July 1970, Vol. 44, No. 134 / Wednesday. July 11, 1979 1 Notices Federal Re ister / 40549 Federal Register / o.4.N.14IWdedy uy1,17 oie 04 and it included all sales of a mixed NGL diffused that it is a practical (6450-01] stream to Tenneco Oil Company and impossibility to identify specific. sales of natural gas liquid products adversely affected persons, in which Mandatory Petroleum Price consisting of propane, butane and case disposition of the refunds will be Regulations; Delegation of natural gasoline to American Oil made in the general public interest by Enforcement Authority to the Company. Cities Service Oil Company an appropriate means such as payment Commonwealth of Kentucky and Dorchester Gas Processing to the Treasury of the United States AGENCY: Economic Regulatory Company. pursuant to 10 CFR 205.1991(a). Administration. Department of Energy. 2. Triton Oil and Gas Corporation improperly applied the provisions of 6 Ill. Submission of Written Comments ACTION: Delegation order. CFR,Part 150, §ubpart L, and 10 CFR, A. PotentialClaimants: Interested SUMMARY: The Economic Regulatory Part 212, Subparts E and K, when persons who believe that hey have a Administration (ERA] of the Department determining the prices to be charged for claim to all or a portion of the refund of Energy (DOE) has delegated to the its NGL and NGL products, and as a amount should provide written Attorney General of Kentucky the conse'quence the above firms were notification of the claim to the ERA at authority to enforce the provisions of 10 overcharged on some of their purchases. C.F.R. Subpart F, Part 212, and ancillary 3. Triton Oil and Gas Corporation this time. Proof of claims is not now being required. Written notification to provisions of DOE regulations, with agrees to refund to the DOES58,973 plus respect to the pricing practices of interest within 30 days of the effective the ERA at this time is requested primarily for the purpose of identifying independent retailers of gasoline in date of the Consent Order. The interest Kentucky. and valid potential claims to the refund rates are those officially set by DOE EFFECTIVE DATE: July 4,1979. will be computed from the month of amount. After potential claims are overcharge through the date of the identified, procedures for the making of FOR FURTHER INFORMATION CONTACT. refund. proof of claims may be established. William Webb (Office of Public 4. The provisions of 10 CFR 205.199J, Failure by a person to provide written Information]. Room B-110, 2000 M including the publication of this Notice, notification of a potential claim within Street, NW., Washington. D.C. 20461 are applicable to the Consent Order. the comment period for this Notice may (202] 634-2170. result in the DOE irrevocably disbursing Leon Snead. Office of Enforcement Policy II. Disposition of Refunded Overcharges the funds to other claimants or to the and Planning, Economic Regulatory In this Consent Order, Triton Oil and general public interest. Administration. Room 5204C. 2000 M Gas Corporation agrees to refund, in full Street. NW.. Washington. D.C. 20461. (202) b. Other Comments: The ERA invites 254-M35. settlement of any civil liability with interested persons to comment on the' respect to actions which might be terms, conditions, or procedural aspects SUPPLEMENTARY INFORMATION: brought by the Office of Enforcement, of this Consent Order. I. Delegation of Authority and Letter of the to Attorney General of Kentucky ERA, arising out transactions You should send your comments or specified in 1.1 above, the sum of written notification of a claim to Wayne II. Governor of Kentucky's $58,973 within 30 days of the effective Correspondence Requesting Authority date of the Consent Orddr. Refunded I. Tucker, District Manager of from DOE Enforcement, Southwest District Office, overcharges will be in the form of a Issued in Washington. D.C.. on July 3.1979. certified check made payable to the Department of Energy, P.O. Box 35228, United States Department of Energy and Dallas, TX. You may obtain a free copy David J. Bardin, will be delivered to the Assistant of this Consent Order by writing to the Administrator.Economic Regulatory Administrator for Enforcement, ERA. same address or by calling 214/749- Administration. These funds will remain in a suitable 7626. Department of Energy accountpending the determination of You should identify your comments or DelegationOrderNo. 02.4---R4 to the their proper disposition. written notification of a claim on the Attorney Generalof the Commonvealth of The DOE intends to distribute the outside of your envelope and on the Kentucky refund amounts in a just and equitable documents you submit with the Pursuant to the authority vested in me as manner in accordance with applicable designation, "Comments on Triton Oil Administrator of the Economic Regulatory laws and regulations. Accordingly, and Gas Corporation Consent Order." Administration (ERA) by the Department of distribution of such refunded We will consider all comments we Energy Organization Act (Pub. L 95-91) and overcharges requires that only those Delegation Order No. 0204-4 from the "persons" receive by 4:30 pm local time. on August (as defined at 10 CFR 205.2] 10. 1979. You should identif, any Secretary of Energy (delegating enforcement who actually suffered a loss as a result authority), there is hereby delegated to the information or data which, in your Attorney General Of Kentucky in of the transactions described in the opinion, is confidential and submit it in accordance with the provisions of the Consent Order receive appropriate accordance with the procedures in 10 Emergency Petroleum Allocation Act of 1973 refunds. Because of the petroleum CFR 205.9[f). (Pub. L 93-159). as amended, the authority industry's complexmarketing system, it vested in me by law to enforce the provisions is likely that overcharges have either Issued in Dallas, TX on the 2nd day of July. of 10 C.F.R. Subpart F. Part 212. and ancillary been passed through as higher prices to 1979. provisions of DOE regulations, with respect subsequent purchasers or offset through Wayne 1.Tucker, to the pricing practices of independent devices such as the Old Oil Allocation DistrictManager of Enforcement. Southwest retailers of gasoline in Kentucky. The (Entitlements) Program, 10 CFR 211.67. DistrictOffice. EconomicRegulotory ancillary provisions are 10 C.F.R. 210.61. effects of the Administration. 210.62, 210.92 and 10 C.F.R. 212.128, 212.129. In fact. the adverse The authority delegated herein to the overcharges may have become so [FR Do=. 79-.1351 ed'l7-0--9: M45 a=) Attorney General of Kentucky shall authorize BILWNG CODE 6450-01-M him to: A. Take all investigatory and administrative enforcement action which is 40550 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

available to the ERA under 10 C.F.R. 210.91 Pursuant to Delegation Order No. 0204-4 proceeding as is practicable under the and 10 C.F.R. 205 of DOE regulations. from the Secretary of Energy. I am requesting circumstances, we are inviting any B. Further delegate this authority, in whole that the Kentucky Attorney General be person wishing to comment concerning granted or in part, as may be appropriate. the authority to enforce the this application to submit comments In In exercising the authority delegated by Emergency Petroleum Allocation Act of 1973, this Order, the delegate shall be governed by 10 CFR Subpart F, Part 212, and ancillary writing to the Economic Regulatory the rules and regulations of the DOE and the provisions of Department of Energy Administration, Room 6318, 2000 M policies and procedures prescribed by the regulations, with respect to the pricing Street, N.W., Washington, D.C. 20461, Secretary of Energy, the Admihistrator of the - practices of independent retailers of gasoline Attention: Mr. Finn K, Neilsen, on or Economic Regulatory Administration, and the in Kentucky. I have been advised that some before July 23, 1979. An opportunity to Assistant Administrator for Enforcement. retailers in Kentucky are charging prices for make an oral presentation of data, There is no delegation to the Attorney gasoline in excess of the federally authorized views, and arguments eithpr against or General of the Commonwealth of Kentucky of maximum price. Should this practice be in support of this application may be the authority to issue rules or regulations. allowed to continue, the buying public will be detrimentally affected; therefore, deterrent requested by any interested person in Nothing in this order precludes the writing on or before July 23, 1979. The' Administrator of the ERA from exercising action needs to be taken as soon as possible. Your immediate attention concerning this request should state the person's any of the authority so delegated whenever in interest, and, if appropriate, why the his judgment his exercise of such authority is matter is needed and greatly appreciated. necessary or appropriate to administer the Sincerely, person is a proper representative of a functions vested in him. Julian M. Carroll, group or class of persons that has such Further. nothing in this order precludes the Governor/Commonwealthof Kentucky, State' an interest. The request should include a Administrator of the ERA from withdrawing .CapitolBuilding, Frankfort,Ky. 40801 summary of the proposed oral the delegated authority at any time. - [FR Doec.79-21371 Filed 7-10-79 8A aml presentation and a statement as to why This order is effective July 4, 1979. BILLING CODE 6450-01-M an oral presentation is necessary. If Issued in Washington, D.C. on July 3,1979. ERA determines an oral presentation is David J. Bardiri, required, further notice will be given to "Administrator,Economic Regulatory - [ERADocket No. 79-CERT-054] Orange and Rockland and any persons Administration. filing comments, and published in the Orange & Rockland Utilities, Inc.; Federal Register. Department of Energy Application for Certification on the Issued in Washington, D.C.. July on July 5,1979, 3, 1979. Use of Natural Gas To Displace Fuel T. Wendell Butler, Hon. Robert Stevens, Attorney General of Oil Kentucky, Frankfort, Ky. 40501 Acting AssistantAdministrator, Office of Dear Mr. Attorney Take notice that on June 27. 1979, Fuels Regulation, Economic Regulatory General: As requested Administration. by Governor Carroll in his correspondence of Orange and Rockland Utilities, Inc. June 27, 1979, we are delegating to you on a (Orange and Rockland), One Blue Hill [FR Doe. 79-21458 Filed 7-10-79. 8,45 aml trial basis the authority to enforce gasoline Plaza, Pearl River, New York, 10965, BILLING CODE 6450-01-M prices at the retail level within the filed an application for certification of Commonwealth of Kentucky. We believe that an eligible use of natural gas to displace Federal Energy Regulatory the added resources of the Commonwealth in fuel oil at its Lovett Plant generating the enforcement of price regulations at the station and/or the Bowline Point Commission retail level will bring greater protectibn to the generating facility pursuant to 10 CFR consumer. There is all the more need for such [Docket No. ER78-307] increased protection in light of current Part 595 (44 FR 20398, April 15, 1979), all market uncertainties. , as more fully set forth in the application Utah Power & Light Co.; Rate Filing on file with the Economic Regulatory In conjunction with this delegation, I am June 28, 1979. requesting that your office provide the Administration (ERA) and open to Assistant Administrator for Enforcement public inspection at the ERA, Docket • The filing Company submits the with a periodic status repbrL By this means, Room 6317-B, 2000 M Street, N.W., following: both Kentucky Commonwealth officials and Washington, D.C., 20461, from 8:30 a.m.- Please take notice that Utah Power & the Department of Energy can keep abreast of 4:30 p.m., Monday through Friday, Light Company (Utah Power) on June 1, the progress we are making with this except Federal holidays. 1979, tendered for filing a Service program. . In its application, Orange and Agreement under which Utah Power will I understand that the Office of Enforcement sell and deliver thermal energy to is working with the appropriate Kentucky Rockland states that the volume of natural gas for which it requests Washington Water Power Company officials to arrange for appropriate training. (Washington) certification is approximately 50,000 Mcf in accordance with Utah We will be glad to provide any further Power's Service Schedule, assistance you desire in setting up the per day for the four month period Utah-A, enforcement program. between'July 1, 1979 October 31, 1979, ICP Contract (Designated in the Please have your staff call Mr. Barton and the eligible seller is East Tennessee Commission's files as Utah Power's Rate Isenberg, Assistant Administrator for Natural Gas Company, P.O. Box 10245, Schedule F.E.R.C. No. 112). Utah Power requests Enforcement, (202) 254-8740, if you would like Knoxville, Tennessee, 37919. This - that the filing be made to discuss this matter further. natural gas will displace the use of retroactively effective as of February 24, Sincerely, approximately 600,000 barrels -ofNo. 6 1977. The only sales under the David J,Bardin, fuel oil (0.37 percent sulfur) at Orange Agreement were made during the two- Administrator,Economic Regulatory and Rockland's Lovett Plant and month period July and August, 1977. Administration. Bowline Point facilities and will be The Service Agreement was filed in transported by Tennessee Gas Pipeline response to a condition contained In june 27, 1979 Commission Notice dated August 5, David J. Bardin, Administrator/Economic Company, P.O.-Box 2511, Houston, Texas, 77001. 1977, in which Service Schedule-A Regulatory Administration, U.S. was accepted for filing (F.E.R.C. Docket Department of Energy, Washington, D.C. In order to provide the public with as 20461 much opportunity to participate in this Federal Register I Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40551

No. ER77-165) as Supplement No. I to law contained in the Proposed Decision components for compliance with regulatory Rate Schedule F.E.R.C. No. 112. Any and Order which it intends to contest in requirements. service agreement involving another any further proceeding involving the FarnonPetroleun Services, Inc., Alexandria. purchaser or exception matter. Va. DEE-3534. gasohol. Fannon Petroleum different billing conditions Services. Inc. riled an Application for will require an additional filing with Copies of the full text of these Exception from the provisions of 10 CFR. F.E.R.C., including appropriate cost Proposed Decisions and Orders are Part 211. The exception request, if granted. support. Copies of the filing were served available in the Public Docket Room of would permit the firm to receive an on all members of the ICP-R Pool, and the Office of Hearings and Appeals, increase in its allocation of unleaded on the State Regulatory Commission of Room B-120, 2000 M Street, N.W., gasoline for the express purpose of Utah, Idaho and Wyoming. Washington, D.C. 20461, Monday manufacturing gasohol. On June 8.1979, the Any person desiring to be heard or to through Friday, between the hours of DOE issued a Proposed Decision and Order request 1:00 p.m. and 5:00 p.m., e.d.t., except - in which It granted the applicant's protest said filing should file comments and directed the Gulf Oil Corporation to with the Federal Energy Regulatory federal holidays. supply Fannon Petroleum Services. Inc. Commission, 825 North Capitol Street, July 3,1979. with 144.000 gallons of unleaded gasoline N.E., Washington, D.C. 20426, on or Melvin Goldstein, per month from June 1979 through May before July 12,1979. Comments will be Director,Office of Hearings andAppeals. 1980. considered by the Commission in Coldking ProductionCo., Houston. Tey determining the appropriate action Belco PetroledrmCo.. Houston. Tex. DXE- DEE-2177. crude oil. Goldking Production to be 2251, crude oil. Belco Petroleum Company taken. Copies of this filing are on file Company filed an Application for filed an Application for Exception from the Exception from the provisions of 10 CFR, with the Commission and are available provisions of 10 CFR. Part 212, Subpart D. for public inspection. Part 212 Subpart D, in which the firm in which the firm requests that it be requested that it be permitted to sell Kenneth F. Plumb, permitted to sell certain of the crude oil certain volumes of the crude oil produced Secretary. produced from the White River Unit Green from the MOPAC Lease, located in Jackson River Participating Area "B" Secondary County. [FR Doc. 79-21412 ied 7-10-79; &45 am] Water Flood Unit, located in Vintah Texas at upper tier ceiling prices. BILUING CODE 6450-01-M On June 8.1979. the DOE issued a Proposed County. Utah. at prices in excess of the Decision and Order which determined that applicable ceiling price levels. On June 5. Office of Hearings and Appeals the Goldking exception request be granted. 1979. the DOE issued a Proposed Decision Pennzol Producing Co., Houston. Tex.. DXE- and Order which determined that the Belco 5523. crude Oil Pennzoil Producing Notice of Issuance of Proposed exception request should be granted. Decisions and Orders; June 4 Through Company filed an Application for Chevron USA. Inc, San Francisco.Calif. Exception from the provisions of 10 CFR. June 8, 1979 DXE-28D0, crude oil. Chevron U.S.A. Inc. Part 212. Subpart D. The exception request. filed an Application for Notice is hereby given that during the Exception from the if granted. would result in an extension of provisions of 10 CFR. Part 212. Subpart D. period June 4 through June 8, 1979, the exception relief previously granted and The exception request, if grahted. would would permit the firm to sell a certain Proposed Decisions and Orders which result in an extension of exception relief are summarized below were issued by portion of the crude oil which it produces previously granted and would permit the from the Woodruff Sand Waterfiood Unit the Office of Hearings and Appeals of firm to sell a certain portion of the crude oil for the benefit of the working interest the Department of Energy with regard to which it produces from the Huntington Unit owners at upper tier ceiling prices. OnJune Applications for Exception which had for the benefit of the working interest 8.1979, the DOE issued a Proposed been filed with that Office. owners at upper tier ceiling prices. On June Decision and Order and tentatively Under the procedures which govern 8,1979, the DOE issued a Proposed determined that an extension of exception Decision and Order and tentatively relief should be granted with respect to the the filing and consideration of exception determined that an extension of exception applications.(10 CFR, Part 205, Subpart applicant's Woodruff Sand Unit. relief should be granted with respect to the Pennzoil Producing Co. Houston. Tex., DXE- D), any person who will be aggrieved by applicant's request. the issuance of the Proposed Decision 5523, crude Oil. Pennzoil Producing Chevron USA. Ina, San Francisco,Calif., Company filed an Application for and Order in final form may file a DEE-1953, crude oi. Chevron U.S.A. Inc. Exception from the provisions of 10 CFR, written Notice of Objection within ten filed an Application for Exception from the Part 212. Subpart D. The exception request. days of service. For purposes of those provisions of 10 CFR. Part 212, Subpart D. If granted. would result in an extension of regulations, the date of service of notice The exception request, if granted, would exception relief previously granted and shall be deemed to be the date of permit the firm to sell at upper tier ceiling would permit the firm to sell a certain publicaiton of this Notice or the date of price levels the oil produced from the portion of the crude oil which it produces receipt by an aggrieved person of actual Tognazzini Lease located in the Gato Ridge from the McGraw-Stevens Waterflood Unit notice, whichever occurs first. The Field in Santa Barbara County. California. for the benefit of the working interest On June 8,1979. the DOE issued a Proposed owners at upper tier ceiling prices. On June applicable procedures also specify that Decision and Order which determined that if a Notice of Objection is not received 8.1979, the DOE issued a Proposed the exception request be granted in part. Decision and Order and tentatively from any aggrieved party within the GeneralAfotors Corp.. Detroit,Mich.. DEE- determined that an extension of exception time period specified in the regulations, 2569, motorgasoline. General Motors relief should be granted with respect to the the party will be deemed to consent to Corporation filed an Application for applicant's McGraw-Stevens Unit. the issuance of the Proposed Decision Exception which. ifgranted, would result in 'Phillips Petroleum Co., Bartlesville, Okla., and Order in final form. Any aggrieved the issuance of an Order permitting the DXF-2173. crude Oil. Phillips Petroleum party that wishes to contest any finding firm to purchase and use for testing Company filed an Application for purposes its current requirement of Exception from the provisions of 10 CFR. or conclusion contained in a Proposed "certification quality" unleaded Decision and Order must also file a gasoline Part 212, Subpart D. The exception request, from Chevron U.S.A., Inc. On June 4.1979. if granted. would result in an extension of detailed Statement of Objections within the DOE issued a Proposed Decision and, 30 days of the date of service of the exception relief previously granted and Order in which it tentatively concluded would permit the firm to sell a certain Proposed Decision and Order. In that that GM should be permitted to purchase a portion of the crude oil which it produces Statement of.Objections an aggrieved certain volume of the Chevron fuels each from the Evelyn "A' Lease for the benefit party must specify each issue of fact or month for testing automobiles and of the working interest owners at upper tier 40552 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

ceiling prices. On June 5, 1979, the DOE 1979, the Department of Energy issued a on the draft environmental impact issued a Proposed Decision and Order and Proposed Decision and Order which statements as set forth In Appendix I. tentatively determined that an extension of determined that the exception request be Appendix Ill contains a listing of final exception relief should be granted with granted. respect to the applicant's Evelyn "A' Triangle J. Oil Co., Denver, Colo., DEE-3141, environmental impact statements Lease. crude oil. The Triangle 1. Oil Company filed reviewed and commented upon In Phillips Petroleum Co., Bartlesville, Okla., an Application for Exception from the 'writing during this review period. Th DXE-2171, crude oil. Phillips Petroleum provisions of 10 CFR, Part 212, Subpart D. listing includes the Federal agency Company filed an Application for The exception request, if granted, would responsible for the statement, the Exception from the provisions of 10 CFR, permit Triangle to retroactively adjust its number and title of the EPA source for Part 212, Subpart D. The exception request. base production control level for the State If granted, would result in an extension of lease in order to relieve the firm of a copies of the comments as set forth in exception relief previously granted and portion of its obligation to refund Appendix VI. would permit the firm to sell a certain overcharges incurred in 1975 and 197. On . Appendix IV contains a listing of final portion of the crude oil which it produces June 8,1979, the DOE issued a proposed environmental impact statements from the Foote Lease for the benefit of the Decision and Order which determined that reviewed but not commented upon by working interest owners at market price the exception request be denied. EPA during this review period. The levels and the remaining crude oil Union Oil Co. of California, Los Angeles, listing includes the Federal agency production at upper tier ceiling prices. On Calif., DEE-2022, crude oil. The Union Oil responsible for June 5, 1979, the DOE issued a Proposed Company of California filed an Application the statement, the Decision and Order and tentatively- for Exception from the provisions of 10 number and title of the statement, a determined that an extension of exception CFR, Part 212, Subpart D, in which the firm summary of the nature of EPA's relief should be granted with respect to the requested on behalf of the working interest comments, and the EPA source for applicant's Foote Lease. owners that it be permitted to sell at copies of the comments as set forth In Prudential Insurance Co. of America, Los market price levels the crude oil produced Appendix VI. Angeles, Calif., DEE-6080. motor gasoline. from the Coalinga Nose Unit located in Appendix V contains a listing of The Prudential Insurance Company of Fresno County. California. On June 5.1979, America filed an Application for Exception proposed Federal agency regulations, the DOE issued a ProposedDecision and legislation proposed by Federal In which it requested an increased Ord~rin which it was determined that the allocation of motor gasoline. On June 6, Union request be granted in part. agencies, and any other proposed actions reviewed and commented upon List of Cases Involving the Standby Petroleum Product Allocation Regulations for Motor in writing pursuant to section 309(a) of Gasoline the Clean Air Act, as amended, during Week ofJune 4 Through June 8, 10M the referenced reviewing period. This The following firms filed Applications for Exception from the provisions of Standby listing includes the Federal agency Regulation Activation Order No. 1. The exception requests, if granted would result in an responsible for the proposed action, the increase In the firms' base period allocation of motor gasoline. The DOE issued Proposed title of the action, a summary of the Decisions and Orders which determined that the exception requests be granted. nature of EPA's comments, and the source for copies of the comments as set Companr name Case No. Locaton forth in the Appendix VI. Appendix VI contains a listing of the Castro Vadey ... DEG-3059_ Castro Vanay, Ca.r. names and addresses of the sources of Dupont Arco - DEE-5357 L Bristol, R.L Marb!ehead S s,!nc...... DEE-2471 Matlehead, Mass. EPA reviews and comments listing In H. L V23Pto~un...... DEE-2997 .. .. .wasf~gor D.C. Appendices I, I, IV, and V, Note that this is a 1978 report; the [FR Doc. 70-21343 Filed 7-10-79; 8:45 am] backlog of reports should be eliminated BILliNG CODE 64S0-01-M over the next three months. Copies of the EPA Manual setting ENVIRONMENTAL PROTECTION contained in the following appendices forth the policies and procedures for AGENCY during the period of February 1,1978 EPA's review of agency actions may be and February 28,1978. obtained by writing the Public [FRL 1268-5] Appendix Information Reference Unit, I contains a listing of draft Environmental environmental impact statements Protection Agency, Room Agency Comments on Environmental 2922, Waterside Mall reviewed and commented upon in SW, Washington, Impact Statements and Other Actions writing during this review period. The D.C. 20460, telephone 202/755-2808. Impacting the Environment Copies of the draft and final list includes the Federal agency environmental Pursuant to the requirements of the responsible for the statement, the impact statements section 102(2](C) of the National number and title of the statement, the referenced herein are available from the originating Federal department or Environmental Policy Act of 1989, and classification of the nature of EPA's agency. section 309 of the Clean Air Act, as comments as defined in Appendix II, amended, the Environmental Protection and the EPA source for copies of the Dated: July 2,1979. Agency (EPA) has reviewed and comments as set forth in Appendix VI. Peter L Cook, commented in writing on Federal agency Appendix I contains the definitions of Acting Director,Office of Environmental actions impacting the environment the classifications of EPA's coinnments Review. Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40553

Appendix L-Draft Environmn7tal mpact Statements for K7kh C4m t$ Woe ssOed Bet weon Feb. I ardFe. 28, 1978

Idenfying No. Ti" General rnare of SroSr for copes ocrr-rnerrf of commenrts

CORP'SOF Eq-StM~

D-COE-28003-O0, Potomac River Water Suppy Strurest,%reginia and MarEtand EU2 D DS-COE-E35026-MS Vcksbug Harbor, Warren County Miss L02 E D-COE-E3602-GA ... Peachtree and Nancy Creeks Flood Damage Rodrtcn, Atta., R.-m ande ab Cous . L02 E Ga. D-COE-F35022-MI Sebewa" River, Operaton and Maienace, Cm. 'd DSpc al.t , ER2 F DCOE-G32028-TX . Freeport Harbor Navigation Project. Enlarge t and Mainna. Bnemazr'Cctn-'.rt, Tc -... 3 G D-COE-L36054-OR Contxto and Operation, Paaftc Fabricator Seel Sr Fab.,o-n Yad at Wa rcn. ER2 K Catsop County. Ore.

DEI'ARTua OFAG~zoctnmu

D-AFS-D610O7-WV . Pmposed Devem4pment, Spruce Knob Lakes ReOCean Cc=rr- Mmora Necr4jl ER2 D / Forest. Randolph County. W.Va D-AFS_ ... Land Management Plan. East Shore and Flate d La)e. Flathed RVt-_ Frest. ML-...-- ERI I D-AAFS-LS2X3D4D. Western Spruce Budwoin Boise and PFayete N *X InForests a d Pr,'W LandS. M" Ca a,-d 102 K Cascade. Idaho (USDA-FS-R4-78-2). D-SCS-B36016-CT Neck River Watershed, New Haven Conty. Co, Lo1 B D-SCS-E36049-TN, Midde Fork and Obion Rrer Watershed Projecl. Hery and We ,ey Ccest Teram (MCA- 012 E SCS-6S-WS-(ADM)-2-D-TN). D-SCS-F36052-MN South Fork. South Zurnbro RhmerWatershed, Dodge ard Ornccai Co'Jtes. M.. L01 F D-SCS-J36012-D Rosevile Flood Prevention, Tr41 County. ND 3 D-AFS-L611O0-OR "Hebo Planning Unit, Siusaw Na onl Forest. Lmc-n. Trlamoc anJ Y=10 Cctm.s. Ore2. L02 K (USDA-FS-R6-DESAMD)-78-3). D-AFS-L1102- Island Park Plannirg Unit. Targhee National Forest, Franco Cc,.ty, IW*tr (USDA-FS- 1.02 K DES(ADMR4-78-3)_ D-AFS-L65036-4D Sicutral Treatments with Herbicida, North Idaho Fone% lifo (US .- FS-ES.-R-I- ER2 K (ADM).

DEPARTIua OF Ithbn

DS-4BR-H-1001-NB O'Nei Unit. Lower Niobrara Dvmon. Pick Smloa ssoJd Bftsn Progr m.Neb - ER3 H D-NPS-E61024 General Management Plan. Biscap* National Monment, Kta. (CES-77-25) L02 E D-BPA-L08029-0 _ Pacific No est Power Supply System, Partocpaton In the Podro-TherrlFwerPrqrn L02 K (DES-77-21). D-BPA-L08030-OR The Akumaz Constnrcton and Operation. PrlrJy Kar Pant. Urn.". OgI (ES-77- L02 K 21).

DEPARTmNT OF TRS PORTA*ON

D-FAA-E5102.- Walker County Arport Jasper. L02 E D-FAA-F51013-J. Land Acqstion. Runway Extensio and Rcated Airport Urr.-e*ne Lanan M=sa A. L1 F port. Cook end Lake Counties. IL D-FAA-G51 005-NM West Mesa Airport. Beatlo County. N. Ma x 1.02 G DA-FHW-A41747-HI . Interstate Route 3, HI 3. North Halawa Valley Atigenta Hatawa to Ha-okou tr/arijr'-o, Oat, 3 Honkiu County. Hawai . D-FHW-B40028-VT, VT-127. Burington to Colchester. Chittenden County VL(F1WA-VT-E1-77-01-4)C .02 B D-FHW-B40030-NH _ U.S. and N.H.-1, Franklin to Lzoni. New Hanpsthe (FHWA-,N-7702-,) ER2 B D-FHW-E4010-F L . Beaver Street. FL- 00 to US. 90. Duval County. Fla. (FHA-FLA-Et-?7-5-0) L02 E D-FHW-F40104-IN IN-9. Highway Imnrovernt Near Alexandra. Madison County, Ird 102 F D-FHW-L40058-AK . Siakwak Highway rnrprovement Project Hames Road, Alas and Earizh Cc-'rka Carzida Lot K

GEhvuJ. SEun,2ccs AaimLsTA n

D-GSA-D000S-DC - Boiler Conveblon and Precipiator Repair at the West Heatrg Prt. Washi._'n. D.C . E12 D D-GSA-KS1006-CA Central Los Angeles Parldng Facilty Los Angs County Ca______1 J

DEPARTmENTOF Hourr, Aso Ur"4,i D'.nuoesaT

t D-HUD-B89009-MA _ Lechmere Canal and Trta e Area Development Prc ct CLrr^ridge. V.ZCSesm Cct-y, iLs. 3 B (HUD-ROI-ES-77-01-D). D-HUD-G8506-'T'X Countryside Subdivisin Gaveston County. Tcx 1.LO G D-HUD-Ga5087-TX Cypress Point Subc9ision, Harrs County. Tex_ _ _ _ _ Lot G D-HUD-G85-TX Tallow Wood Subci Harris County. Tex Lo G D-HUD-G8502-X Meadow Bend Subdivisin Leau Ciy. Gavescn Ccrnty, T LOI G 40554 . Federal Register I Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

Appendix H EPA believes that the proposed action is EPA believes that the draft impact' Definitions of Codes for the General Nature unsatisfactory because of its potentially statement does not contain sufficient of EPA Comments harmful effect on the environment. information assess fully the environmental Furthermore, the Agency believes that the impact of the proposed project or action. En vironmentalImpact of the Action potential safeguards which might be utilized However, from the Information submitted, the LO-Lack of Objection may not adequately protect the environment Agency is able to make a preliminary EPA has no objections to the proposed from hazards arising from this action. The determination of the impact on the Agency recommends environment. EPA has requested that the action as described in the draft impact that alternatives to the originator provide the information that was statement; or suggest only minor changes in action be analyzed further (including the not included in the draft statement. the proposed action. possibility of no action at all). Category 3-Inadequate ER-Environmental Reservations Adequacy of the Imact Statement EPA believes that the draft impact EPA has reservations concerning the statement does not adequately assesa the environmental effects of certain aspects of Category 1-Adequate environmental impact of the proposed project the proposed action. EPA believes that The draft impact statement adequately sets or action, or that the statement inadequately further study of suggested alternatives or forth the environmental impact of the analyzes reasonable available alternatives. modifications is tequired and has asked the proposed project or action as well as The Agency has requested more Information originating Federal agency to reassess these alternatives reasonably available to the and analysis concerning the potential impacts. project or action. environmental hazards and has asked that Category 2-Insufcleit Information substantial revision be made to the Impact EU-Envronmentally Unsatisfactory statemnt. Appendix III.-Fina Environmental Impact Statements for Which Comments Were IssuedBehtwen Feb. 1 and Feb. 28, 1976

Identifng No. Title Gaenral nature of conent3 Sourco for copl-n of commonts

CORPS OFEnaRBNERS

F- 2-D35001-DE - Lagoon Development in Sussex County. DeL EPA's review of the final EiS IndlIcates that the projl sponsors cd not eqduatelk D respond to the comments on the draft EIS. F-C0E-F06006-WI. _ Pleasant Pr"re Power Plant. Wl3__ EPA's concerns were adequately addressed In the final EIS.... . F F-COE-F5017-W. . Maintenance and Dredged Material Disposal at EPA's concerns were adequately addressed In the Final EIS.e . F Green Bay Harbor, Wis F-COE-KS051-11. Kapaakea Homestead Mo!ok. HawaL- .. EPA's cr were adequately addressed In the fal EIS. .. .

Dr ,ARemNT OFAnJIURE

F-SCS-F36051-WlI Td-Creek Watershed, Monroe County. Vis.. EPA's concerns were adaquatey addressed In the Flnal ES .,. F

DePARTAEIT OFDEFENSE

F-UAF-l0002-AZ_...... Buried Trench Construction and Test Project. Yuma. EPA's concerns were adaquate;y addressed in te Final EJS__ County, Ariz. F-UStJ-El1006-GA - Preferred Alternative Location for a-Fleet Bal.stio EPA contIes to have environmental reservation on the project as propoed. Epf,-S Missile Submarine Support Base, Khs Bay. Ga. caly with the primsry and Secondary effects of the proposed project on Cumberland Sound and the adrdcent national seashore ith regard to diposal of epol m3trial from dredgng. It 13 Inferred that the corps w- be using the new regulalon to evalk, ate the permit re ests for the proposed acton at ings Bay. EPA requesb that the -criteria planned for use be forwarded for appraisal before arr/ porrts are Issued. F-UISN-A0047-00._ 1977 Seafarer Extremely Lvw Frequency (ELF) EPA expressed concern with the project as proposed and the absence of a plan to A Communications System. Site Sel.econ and Test assess the Impact of construction and operation of the Mich&gan test facy. EPA Operations. recommended close coordnisllon In the daveopment and esecuton of this plam

DEPARTMenT OFTRANsPomNO.

F-DOT-A41583-PA - LR1127. Section Coo. WaterStreet Erie Cotmty, Pa.. EPA continues to have environmental reservations on the project as proposed. Spec;l A cally, EPA'S concerns are based on the potential errlronmental Impacts associaed Wth the 400 foo channelizftfon of For T.,le Creasl In addition. EPA suggoetod tt noise and air aralyii be considered duing ongong project deve.opmont F-FAA-D51009-WV_ _ Greenbrer Valley Airport Lewlsburg, W. Va. F-PA'scqnienswreedequatelyaddressed in the fa EIS D F-HW-B40027-NH NH-101 Relocation, Canada to Raymond. Rocldng- Generally EPA's corcnt3 were adequately addressed n the final EIS. However, EPA 0 ham County, N.H. expressed concern about the possb!e Impacts of construcon and highway =re on water qualty. F-FH-PV-F4054-WI V.w-a3, w1-15 to CTN 'NIT Waukesh County. Wea. EPA's concerns ware adequately addressed In the final ES F F-FHW-F4005-IL. Carbondale Railroad Relocation Demonstration EPA's concerns ware adequate'ly addressed In the fnal EIS. EPA stated a preolcr ,co F Program, Illinois. for alternative C, structural El. for the disposal of the 450-ecre feet of matelrUl F-FHW.-H40023-NB _ NB-370, Bellevue. Sarpy County. Nebr. . EPA's concerns were adequately addressed In the Final EIS. Howevr. EPA requestod H the Dpporturity to reviv the final noise study report before no se abatement and project dasgn decisions era made. F-UMAT-D54024-tD Metrobus arage FaciiTy. Montgomery tounty Md. EPA's concemrs were adequate'y addressed In thefinal ES-- -. D

DEPARTmENTOF HOUSINGAND URBANDEV'ELOWPMET

F-HUD-G24004-LA Marrero to Lafitte, Jefferson Parish. La._ EPA continues to have emvironmental reservations on the project as propo-d. EPA a beleves that the rerite or an addendum to several sectons of the EIS woued bo * " necessary to facilitate the necessary Information and data to sufficiently doscribe the proposed action, purpose and environmental Impcts. EPA posed several comments relating to the specific Information required. F.-HUD-K61017-CA. Vallejo River Park. Vallejo, Salan County. C6f- Generaly. EPA's concerns ware adequately addressed In the final EIS. Hos;avcr, EPA J requested several issu= raised In the draft comments be g'ven adequate corsdra. tion.

INTERSTATECOMMERCE COM.MISSIONI

F-ICC-E5-oo4AS-- Southern Mississippi Transportation Company. Con- EPA has environmental reservations on the project as proposed. Specifically the E struction and Operation, Railroad. Harrison impact of three major wetland areas and the tong-term environmental consequences County, Miss- of the activity as well as any induced secondary development. -Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40555

Appendix tV.--Fma/Enonmentalipact Statements hich $'e Reeed andlt Co n!ed on Between Feb. I andFeb. 28 1978

Mie q Nr Mew Soce of renew

CoFr s CFEtr.'%EEF4

F-COE-H34012-KS Operaon and Maintenance of Kanpots Lake Efsw-t ,R:cic and S3..'LOCxcl.,, Ka.' H F-COE-L36053-OR _ Extension of Tillamook South Jett. Tilamook Bay, Orea K

DEPARtTsaEiCFArsawTumi

F-AFS-L67002-OR . Geothenma Devop Brertbush rea, W rne and A.' .nu: H.d ftcr.l Fct-- s.Orc-,cn -=A-FR&-.ESKW-77-3). K

DEPARTMDNTof Hotu= .omtMia* Datcneir

F-HUD-E85024--GA_ Martins Crossing Sbkdvsln. De Kab County. Ga. 0HUD-RU-ElS-77-C _ __ E F-HUD-E5025-GA.. Amberly S Dtediion0. Kab County, Ga. (HUD-R3-EIS-77-CS-., E F-HUD-G5046-TX . Ro¢' Green SubdVLion Harns County,Tex_ G F-HUD-G5055-TX Wespoint Developrnent, Tarant County. Tax G F-HUD-G85066-TX Chadenwood ,Subision, Harris County. Tax G F-HUD-G85069-AR - McGehee Water Expansion and Iftovarents Desha Co.rty. Ark G F-HUD-H60001--NB Diposition of Lonergan Lake, Douas County, Orn, Ne .(hUD-R27-E!S-78-1lr H

Appendix V.-Regutabor4e lato and Other Federda encyActmons for M|tfh CnrcratsWirdtssuded5ee n Fcb. 1. andFeb. 28.'1978

Identyk No. Titde Gcmrial nao f cc 3 Scar for cwpes of ccrnrwt

CaRnr of Esis zm

R-COE-A3008-O0 33 CFR Part 282. Federal Partcoaton In Shore, EPA's eojr,!s s!a*zJ tta! the posod e,$a!5onapeared ecUalza:efrom a sccr- A Huricane, and Tidal and Lake Flood Proloctcor ewoo perspr " but eqressa cornam ew an aa of eyr=orr-nal (43 F.R.3048). Pc!:S t kh wCuld mr-re d , .n of ahar-w,r rfxe a lack of gud ane forarm"znV ct=, a,. krpa~tx a a taire to reta", Ut,r:-gcacrs to Coastal =4'i rnana2erw rr larrl.

DCPARTMINTOFWrenAz

R-NPS-A67014-00_ 36 CFR Pat 9.Mineral M.rnet, C*,rehen- EPA su- .stJ aw c.=es 10 "iarukdern as Prcpcse 7rz ccrrs'rrn : refidt A swe Regulpabos Enhyrdricnta Assemment, em-rorerM acut-,nea as wAra per-cco. ,l"--,-, Non*-edera 0, and Gas Rghts (42 FRL. 63058).

Numm RrGtrIuToRy Cors.r*

A-N--A06137-0 , Standard Re iew Plans for the Construction Pernit EPA made sc .e) ccr------rt.",n to fte devckent of sacund er ',eeni A Applicators for Nulear Power Lants, Pan III reew pFan to be rcorn"-Vdirnt onsuc"n of rix-ea- poaeirplars. (NLREG-01883.

Appendix VI E. Director of Public Affairs, Region 4. Fremont Street, San Francisco, California Environmental Protection Agency, 345 94108. Source for Copies of EPA Comments Courfland Street. NE. Atlanta, CA 30308. K. Director of Public Affairs, Region 10, A. Public Information Reference Unit (PM- F. Director of Public Affairs. Region 5. Environmental Protection Agency. 1210 Sixth 213). Environmental Protection Agency, Room Environmental Protection Agency, 230 South Avenue. Seattle, Washington 98101. 2922, Waterside Mall, SW, Washington. D.C. Dearborn Street. Chicago, minois C0-G. IMRV= 79-Z= Fi!-d 7-11o77G&Z~ un 20460. G. Director of Public Affairs, Region 0. BIUNG CODE 6560-01-M B. Director of Public Affairs, Region 1, Environmental Protection Agency. 121 Elm Environmental Protection Agency, John F. Street. Dallas, Texas 75270. H1 Director of Public Affairs. Kennedy Federal Building. Boston, Region 7. [FRL 1268-2; OPP-66055] Massachusetts 02203. Environmental Protection Agency, 1735 C. Director of Public Affairs, Region 2. Baltimore Street. Kansas City. Missouri 64108. Pesticide Programs; Intent To Cancel Environmental Protection Agency, 26 Federal Registrations of Certain Pesticide Plaza. New York, New York 10007. L Director of Public Affairs. Region 8, D. Director of Public Affairs, Region 3, Environmental Protection Agency, 180 Products Environmental Protection Agency, Curtis Lincoln Street. Denver, Colorado 80203. J. Office of External Affairs, Region 9. Pursuant to section 6(a])1) of the Building, 6th and Walnut Streets, Federal Insecticide, Fungicide, and Philadelphia, Pennsylvania 19106. Environmental Protection Agency, 213 Rodenticide Act (FIFRA) as amended in 40556 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

1972, 1975, and 19 78 (92 Stat. 819, 7 EPA Reg. No. and product Reg:strant The proposed analytical method for U.S.C.), firms listed below have name determining residues Is a gas-liquid requested that the Environmental 912-100-Teone Soil Farmers UnWonCentral Exch., chromatographic method utilizing either a protection Agency (EPA) cancel the Fumigant P.O. Box 43089, SL Paul, flame photometric or a phosphorus-specifie registrations of several pesticide M.N55164. alkali detector. PM16-Mr. William Miller, 912-101-Telone IISoil Do. Room E-343, 202/426-9458. products. Such cancellation shall be Fumigant FAP 9H5223. Mobay Chemical Corp., P.O. effective within 30 days after 1579-5-Anaco Triple X ANACO, 32-19 Northem Insecticide. Blvd., Long Isand City. NY Box 4913, Kansas City. MO 64120, Proposes publication of this notice in the Federal "11101. that 21 CFR 561 be amended by permitting Register (August 10, 1979), unless the 6142-5-Bactol Synchronized H. Kohnstamm & Co., Inc., 11 Micro-Mist E. 111noisSt., Chicago, IL residues of the insecticide 0,S-dlmethyl registrant or an interested person with 606011, phosphoramidothioate on the feed the concurrence of the registrant, 7110-1-DDA Soi FumigantL C. C. O:3en Co.. 815 W. 2400 commodity peanut meal at 0.2 ppm. PM1- South, Salt Lake City, LIT Mr. William Miller. requests that the registration be 84115. continued in effect. 9685-1-No Gnaw Animal DYMO-TECH CO.. 550 W. Repellent Western. Muskegon, MI Interested persons are invited to The Agency has determined that the 49440. submit written comments on these distribution and sale of stocks of these 9685-2-Rodent Repe.'lenl... Do. petitions. 10226-11--Telone SoU Rockwood Chemical Co., P.O. Comments may be submitted, products which were produced on or Fumigant Box 34, Brarkey, CA 92227. and inquiries directed, to the designated before the effective date of cancellation 10914-2-Telone Soil Union 01 of Caif., P.O. Box Product Manager (PM), Registration would not be inconsistent Fumigant 60455, Los Angeles, CA with the 90060. Division (TS-767), Office of Pesticide purposes of FIFRA and would not have 10914-4-Tefone II Sol Union 03 ofC09f., P.O. Box Programs, EPA, 401 M St., SW., an unreasonable adverse effect on the Fumigant 60455, Los Ange!es, CA 90080. Washington, DC 20460, or by telephone environment. Therefore, the distribution 11670-1--Calm Stock Big T Calm Stock Chemcal Co.. at the numbers cited. Written comments and sale of existing stocks of these Cattle Cil. P.O. Box 395, Rochale, II should bear 61068. a notation indicating the products shall be permitted until the 30998-1-Algicide 10 percent W. H. Shurtleff Co., P.O. Box petition number to which the comments supply is exhausted or for one year after 1019, Portland, ME 04104. pertain. Comments may be made at any the effective date of cancellation, time while a petition is pending before whichever occurs earlier, provided that [FR Dec. 79--21288 Filed 7-10--M; 8:45 am] the Agency. All written comments filed these products shall be used only in a BILLING CODE 6550-01-M pursuant to this notice will be available manner consistent with the label and for public inspection in the Product labeling registered with EPA. Production [FRL 1269-3; PF-1351 Manager's Office from 8:30 a.m. to 4:00 of these products after th6 effective date p.m., Monday through Friday, excluding of cancellation will be considered a Pesticide Programs; Filing of holidays. violation Pesticide/Feed AdditivePetitions of FIFRA. Dated: July 2,1979. Requests that the registration of these Pursuant to sections 408(d)(1) and Herbert S. Harrison, products be continued may be submitted 409(b)(5) of the Federal Food, Drug, and Acting Director,Registration Division, £ to the Process Coordination Branch, Cosmetic Act, the Environmental Registration Division (TS-767, Office of [FR Doec.79-21313 Filed 7-10-79::45 am) Protection Agency (EPA) gives notices BILLING CODE 6560-0f-M Pesticide Programs, EPA, 401 M St., that the following petitions have been S.W., Washington, D.C. 20460. Any submitted to the Agency for comments filed regarding this notice of consideration. [FRL 1269-2; OPP-30168] intended cancellation will be available PP 9F2213. Ciba-Geigy for public inspection in the office of the Corp., P.O. Box 11422, Pesticide Programs; Receipt of Greensboro, NC 27409. Process Coordination Branch Proposes that 40 Application To Conditionally Register from 8:30 CFR 180.368 be amended by establishing a a.m. to 4:00 p.m. Monday through Friday. Pesticide Product Containing New tolerance for the combined residues of the Active Ingredient The registrants concerned and the herbicide metolachlor [2-chloro-N-(2-ethyl- products affected by this action are 6-methylphenyl)-N-(2-methoxy-1- J. T. Baker Chemical Co., 222 Red listed below. methylethyl) acetamide] and its School Lane, Phillipsburg, NJ 08805, has metabolites determined as (2-[2-ethyl-6- submitted to the Environmental Dated: June 29, 1979. methylphenyl amino]-l-propanol) and (4-[2- Protection Agency (EPA) an application Edwin L.Johnson, ethyl-6-mthylphenyl-2-hydroxy-5-methyl- to conditionally register the Deputy AssistantAdministratorforPesticide 3-morpholinone), each expressed as parent pesticide product BAG-A-BUG (EPA File Symbol Programs metolachlor on or on the raw agricultural commodities peanuts at 0.1 part per million, 562-ER), containing 0.47% of the active peanut hulls at 1.0 ppm, and peanut forage ingredient (R,Z)-5-(1-decenyl) dihydro. EPA Reg. No. and product Registrant and hay at 3.0 ppm. The proposed 2(3R)-furanone which has not been name analytical methbd for determining residues included in any previously registered is by gas chromatography analysis. PM23- pesticide product. The application 61-125--Woodpecker Koppers Co., Inc., Pittsburgh, Ms. Willa Garner, Room F-351, 202/755- proposes that the pesticide be classified Repellent PA 15219. 1397. for general outdoor use to trap Japanese 100-332--Chlorobenzilate Ciba-Geigy Corp, P.O. Box PP 9F2217. Sumitomo Chemical America, Inc., 25W. 1 1422, Greensboro. NC beetles. Notice of this application Is 27409. 345 Park Ave., New York, NY 10022. given pursuant to the provisions of the 100-424--Ctorobenzilate Dust Do. Proposes that 40 CFR 180 be amended-by 100-490-Spectracide Rose Do. establishing post-harvest tolerances for the Federal Insecticide, Fungicide, and & Flower Spray. Rodenticide Act (FIFRA) as amended In 400-101-Royalta.. Uniroyal Chemical, 74 Amnity combined residues of the insecticide 0,0- Road, Bethany, CT 06525. dimethyl O-(4-nitro-m-tolyl) 1972, 1975, and 1978 (92 Stat. 819; 7 538-54-0-X-D Weed Killer. 0. M. Scott & Sons. phosphorothioate and its metabolites 0,0- U.S.C. 136) and the regulations Matysville, OH 43040. dimethyl O-(4-nitro-m-tolylf phosphate and thereunder (40 CFR 162). Notice of 654-85-Fedra Chordane 8 Federal Chemical Co., Inc., LBE. C., 5820 W. 85th SL,Suite 3-methyl-4-nitrosphenol in or on the raw receipt of this application does not 101. Indianapolis, IN 46278. agricultural commodities wheat, corn, rice, indicate a decision by the Agency on the barley, oats, rye, and sorghum at 10.0 ppm. application. Federal Renlster I Vol. 44, No. 134 / Wednesday, July 11, 1979 I Notices405 40557 Federal Re ster / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices Interested persons are invited to National Interim Primary Drinking water system or a non-community water submit written comments on this Water Regulations (NIPDWR) (40 CFR system. This division is based on the application. Comments may be Part 141) delineate the requirements type of consumer served and thus the submitted, and inquiries directed, to with which all public water systems, frequency at which the consumer drinks Product Manager (PM) 17, Room 341, including non-community water the water as well as the amount of Registration Division (TS-767), Office of systems, must comply. Due to the sheer water consumed. Basically, a Pesticide Programs, EPA, 401 M St., SW, number and type of non-community community system serves a residential Washington, DC 20460, telephone systems covered by the regulations, population and a non-community system number 202/426-9417. some national guidance for the serves a transient or non-residential The comments must be received on or implementation of an effective program population. before August 10, 1979 and should bear to deal with these systems in a A non-community system has a least a notation indicating the EPA File consistent manner is warranted. The 15 service connections used by travelers Symbol "562-ER". Comments received following guidance discusses EPA's or transients or regularly serves 25 or within the specified time period will be strategy for the systematic and rational more non-resident individuals daily for considered before a final decision is implementation of the public water at least 60 days a year. Examples made; comments received after the system supervision program for non- include separate water systems serving specified time period will be considered community water systems. motels, restaurants, campgrounds, only to the extent possible without A prepublication draft of this strategy churches, factories, lodges, medical delaying processing of the application. was distributed to States for comments. facilities, rest stops along highways, The label furnished by J. T. Baker A total of 14 comments were received roadside service stations, day schools, Chemical Co., as well as all written from the representatives of State Water etc. comments filed pursuant to this notice. agencies and other interested groups. The States currently estimate that will be available for public inspection in All commenters have unequivocally there are more than 141,000 non- the Product Manager's office from 8:30 described the strategy to be necessary, community water systems in the a.m. to 4:00 p.m., Monday through reasonable and acceptable. Only a few country, In this respect, the States have Friday, excluding holidays. minor suggestions releyant to the officially completed the inventory Notice of approval or denial of this subject matter were made. All information (location, size, owner, coded application to register BAG-A-BUG will appropriate suggestions have been into the Federal Data Reporting System) be-mnounced in the Federal Register. included in this version. on approximately 84,000 of these Except for such material protected by Comments on all aspects of this systems and are presently continuing section 10 of FIFRA, the test data and strategy are solicited from interested this effort. Even though these non- other information submitted in support persons. Written comments may be community systems are generally small of registration as well as other scientific submitted to James F. Manwaring, Chief, in terms of size and population served, information deemed relevant to the Drinking Water Branch, State Programs the resources necessary to manage and registration decision may be made Division, Office of Drinking Water provide surveillance of thesesystems available after approval under the (WH-550), 401 M Street, SW, are quite large because the inspection provisions of the Freedom of Washington, D.C. 20460. and surveillance of each will consume Information Act. The procedures for Dated. July 5,1979. as much time as a small community requesting such data will be given in the Thomas C. Jorling, system. In addition, since the cost of Federal Register if an application is system improvement must usually be approved. AssistantAdministratorforWater and Waste Management. borne totally by the owner of the non- Dated: July 3,1979. community system, the cost of Herbert S. Harrison, Introduction compliance with the regulations at the Acting Director,Registration Division. The Safe Drinking Water Act, as local level is also large, when compared [FR Do. 9,"--1312Filed 7--g-79- &45 am] amended, 42 U.S.C., Sec. 300f et seq., to that shouldered by the users of SILLNG CODE 6560-01-M was passed by Congress in 1974 to community systems which commonly safeguard public drinking water supplies serve hundreds of paying customers. and to protect public health. One of the The potential health effects of a [FRL 1269-5] major provisions of the'law required the contaminant in drinking water in many Implementation of Drinking Water establishment and enforcement of cases are quite different depending upon National Interim Primary Drinking whether a person drinks the water over Standards Water Regulations (NIPDWR) that apply a long period (e.g. a resident) or whether AGENCY: Environmental Protection to all public water systems. On June 24, a person drinks the water only briefly or Agency. 1977, the NIPDWR-which established intermittently. In recognition of this ACTION: Safe Drinking Water Act maximum contaminant levels (MCLs) difference, the requirements applicable Implementation Strategy for Non- for bacteria, turbidity, radionuclides, to systems which serve residents differ Community Water Systems. and organic and inorganic chemicals- in some respects from those applicable became effective. to systems which serve transients or SUMMARY: The-purpose of this notice is The NIPDWR define a public water Intermittent users. For example, the to publish for review and comment the system as a system for the provision to NIPDWR require only that the maximum policy of the Environmental Protection the public of piped water for human contaminant levels for nitrate, turbidity Agency with respect to the consumption, if such system has at least and coliform bacteria apply to non- implementation of the provisions of the fifteen service connections or regularly community water systems, since these Safe Drinking Water Act [SDWA), as serves an average of at least twenty-five contaminants are identified to cause amended, 42 U.S.C., See. 300f et seq., individuals daily at least 60 days out of acute health effects-the other with respect to non-community water the year. Within this definition a public contaminants, at the levels found in, systems. Pursuant to the SDWA, the water system is either a community drinking water, are associated with 40558 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

chronic effects due to long term Facility Priority Listing water quality and the system Is exposure. 1. Health Care facilities. adequately protected due to good Phased construction (e.g., properly designed and Implementation 2.Food Service establishments installed pump and well and (including schools and organized camps) As EPA and the States move from the conscientious maintenance and planning and development 3. Non-food Service establishments, operation efforts, the primacy agency phase to e.g., actual program implementation, it is schools, industries, hotels, motels, may use its discretion to reduce the recreation areas, etc. becoming increasingly apparent that frequency of sanitary surveys, considerable resources will need to be 4. Churches, lodges, etc. monitoring and analysis for coliform expended to ensure that alrpublic water 5. Retail establishments, service bacteria contamination. systems comply with the requirements stations, stores, etc. In non-community systems obtaining of the SDWA. Resource constraints 6. Others their water from wells, it is essential assume even greater importance when Because the character and extent of' that the wells be constructed in surveillance and monitoring of small, water supply problems are different in accordance with enforceable well non-community water systems are every State, each problem must be construction codes. EPA believes that concerned because of the large number handled individually. It would be highly non-community water systems using of inspections and analyses involved in inappropriate to expect to solve all ground water sources and following the present surveillance requirement. problems through the application of detailed rules for well and pump design, Non-community water systems, certain standard measures for all non- construction and operation and therefore, pose a challenge to EPA and community systems. maintenance, and where such rules are the States in assuring the same level of Provision for Equivalent Protection effectively implemented and enforced health protection'to the transient may be eligible for a reduction in the population as well as to the residents of The SDWA mandates that the same monitoring frequency for coliform communities. level of health protection be provided to bacteria, since such information would users of both community and non- provide information equivalent to that Program Priorities community systems., considering the obtained from a sanitary survey. In considering quantitfy of water consumed and the It is possible that in certain parts of priorities for program frequency at which water is likely to be implementation, populatior at risk must the country primacy States and County consumed, EPA identified those health departments have meticulously first be-Gonsidered. If an impending contaminants posing health hazard affects a relatively large a threat to the inspected the water source and number of consumers, users of non-community systems and distribution systen, on a regular basis it should be given established monitoring requirements for top priority. The second consideration is and maintained records documenting the type of contaminant them. Non-community water systems the past performance of the system. level exceeded are required to begin monitoring for because certain contaminants in excess Under such circumstances the primaoy of the MCI.Ppose bacteria and turbidity by June 25, 1979, agency may modify the frequency of a more severe and (40 CFR Section 141.21(c), 141.22(c)), and immediate health hazard. Other factors coliformn monitoring if such information under the current regulations to is deemed equivalent to that which such as the source of water supply and complete nitrate monitoring by that the degree of treatment provided should would be obtained from a sanitary date. In the meantime, non-community survey. also be given appropriate consideration systems monitoring for microbiological in Since historical data could lead to a setting program implementation contamination, turbidity and nitrate priorities. However, where resources are false sense of security regarding the prior to June 24, 1979, are subject to quality of the drinking water, the available, as many problems should be enforcement for MCL addressed violations and primacy agency must be constantly alert as possible, and the non- violations of the reporting and public community system is ultimately for potential sources of contamination, notification requirements of the Safe such as the establishment of industrial responsible for complying with all Drinking Water Act. applicable requirements. and commercial operations and other Recognizing, however, that monitoring EPA recognizes that consumption of changes in land use in the proximity of requirements can pose a financial the water source. It is therefore water that does not comply with burden, especially to small non- applicable requirements may recommended that whenever monitoring pose a risk community systems, EPA has provided and analysis to health and should be dealt with as frequencies are reduced, primacy agencies with as much the primacy agency should establish a quickly as possible. However, where flexibility as possible. For example, plan practical resource constraints dictate for making repeat sanitary surveys Section 141.21(c) of the regulations of each system on a regular basis. In that limited resources be utilized states that the primacy agency can effectively, setting the frequency of repeat surveys EPA suggests that the change the frequency of sampling for the primacy following order of decreasing priority agency should consider coliform bacteria in a non-community such factors as the potential (broad categories) be used when dealing of 'system based on the results of sanitary contamination, and the number of with the problems of non-community surveys. This would include less or more water systems in general. individuals served by the system. This order is stringent monitoring-as appropriate to* Results of such flexible and shouli' be modified by the surveys should be the circumstances. utilized to confirm or change the primacy agency depending upon the A sanitary survey consists of an on- frequencies population impacted, as appropriate. the degree of: site evaluation. of the water system. For non-community hazard to health, the type of source and systems, reliance Such a survey can reveal the causes of on average coliform count for treatment as well as other factors. ' unsatisfactory drinking water quality, Whatever system of priority determining compliance with the NCL the primacy i.e., improper construction techniques or may be insufficient agency decides to-use, it is important for adequate health poor operation and maintenance. Should protection, especially when the that it be used uniformly within the a survey indicate that the system has a frequency State. for monitoring is 'very low. record of satisfactory bacteriological Therefore, the primacy agency'should 1 dernl Restar I Vol. 44. No. 134 / Wednesday. July 11. 1979 / Notices 40559 Fedrld Register / Vol. 44, No. 134 / Wednesday, July 11. 1979 / Notices455 react immediately to determine the requests for copies to the Environmental 209:00 PM Washington, D.C. time, in Criteria and Assessment Office. M -5?, accordance with § 73.962 of the rules. cause of any positive analytical result of this to take prompt U.S. Environmental Protection Agency, 5. Authority for the adoption and ask the water system action is contained in section 1, 4(1, corrective action. Research Triangle Park, N.C. 27711 (Attn: Ms. Diane Chappell). Telephone 4(o), and 303(r) of the Communications The Agency also recognizes that the Act of 1934, as amended. unique characteristics of non-community 919/541-3746, and a prerecorded systems may warrant increased message will provide instructions for Federal Communications Commission. flexibility with respect to applicable placing a telephone request. William J.Tricauico, turbidity monitoring and public The Agency welcomes all comments Secretary. requirements. As a result, the Agency is pertaining to this document. The of comments is [MRD_-_ 79-214LO Vd 7-10-72: &45 am] proposing modifications to the National deadline for receipt 51Lw COoE 6712-01-M Interim Primary Drinking Water August 31,1979. Direct comments to Mvr. Regulations for public review and Michael A. Berry at the address given comment with respect to these and other above. [FCC 79-414] requirements applicable to non- Dated: July 6,1979. July S.1979. community systems. The Agency is also Stephen J. Gage, proposing to delay the mandated AssistantAdministrotorfor Research and Closed Circuit Test of Emergency completion of the nitrate monitoring by, Development Broadcast System Scheduled for July one year (until June 24,1980) in order to F1kd 7-10-79: 8,45 a1 24, 1979 time. It [FR Doe. 79-.21437 provide the States additional BILWNG COOE 6560-0141 A test of the Emergency Broadcast was determined that the States' System (EBS) has been scheduled for laboratory capability has been utilized, 2.03:30 FEDERAL COMMUNICATIONS Tuesday, July 24,1979 between to a-large extent, for analysis of and 2:09:30 P.M. Washington. D.C. (EST) community water system samples. The COMMISSION time. Only ABC, NIBS. AP Radio. CBS, additional time period will allow the IMN. NBC, and UPI Audio Radio State to meet the regulatory [FCC 79-413] network affiliates will receive the Test requirement. Program for the Closed Circuit Test. AP Policy Implementation Closed Circuit Test of National-Level and UPI wire service clients will receive Interconnecting Systems and Facilities activation and termination messages of As full implementation of the safe Channels of Circuit Test. Television progresses, and Program Origination the Closed drinking water program the Emergency Broadcast System networks are not participating in the States are likely to encounter problems circuit test of Test. with total and complete surveillance of In the matter of a closed of water systems the National-Level Interconnecting Network affiliates will be notified all non-community the test procedures via their network because of their relatively large number. Systems and Facilities and program the States channels of the Emergency beginning four days in advance of the Under such circumstances, origination Test messages will also be run by with primary enforcement responsibility Broadcast System. test. AP and UPI radio press wire services for may consider using the flexibilities Adopted July 5. 1979. the test to to address the four days in advance of provided in this policy Released: July 6, 1979. dissemination of the test problems on non-community water insure wide systems while maintaining public health By the Commission: 1. The announcement and schedule. protection. Commission has received a request from Final evaluation of the July test is to be made by the end of EPA intends that primacy States the White House Communications scheduled of problems Agency to conduct a Closed Circuit Test August. 1979. thoroughly assess the scope closed circuit test and will related with non-community systems of the National-Level interconnecting This is a systems and facilities of the Emergency not be broadcast over the air. and develop alternative approaches to July 5. be Broadcast System (EBS) on July 24, 1979, Action by the Commission deal with them. EPA will annually Commissioners Ferris (Chairman], reviewing State implementation from 2:03:30 to 2:09:00 Washington. D.C. 1979. time. Lee. Quello, Washburn, Fogart3. Brown programs relative to non-community Jones. systems; for example, as part of its 2. This request has been coordinated and evaluation of state public water system with the major radio networks, the Federal Communications Commission, supervision program plans and/or as a participating communications common William J.Tricarico, part of the annual grant application from carriers, and the AP and UPI radio wire Secretary. each State. services, by the Columbia Broadcasting [FR D:=. 79.-1410 Feed 7-10-7 8:45 am] [FR Doc. 79-21314 Filed 7-10-7 845 am] Company (CBS). IlNI G CODE 6712-01-M BILUNG CODE 6560-0"4- 3. Coordinated arrangements and voluntary agreements have been obtained from the White House [Report No. A-2] [Docket No. ECAO-CD-78-2; FRL 1269-6] Communications Agency, the National Telecommunications and Information FM Broadcast Application Accepted Air Quality-Criteria Document for Agency, the major Radio Broadcast for Filing and Notification of Cut-Off Oxides of Nitrogen; Availability of Networks (ABC, CBS. IMN, MBS, NBC, Date Second External Review Draft NPR, AP-Radio, UPI-Audio), and the Released: July 3,1979. The U.S. Environmental Protection American Telephone and Telegraph Cutoff Date: August 30.1979. Agency will make available on July 13, Company (AT&T). Notice is hereby given that the 1979, a second external review draft of 4. Accordingly, It is ordered that a application listed below has been an Air Quality Criteria Document for Closed Circuit Test of the EBS be accepted for filing. It will be considered Oxides of Nitrogen. Address all written conducted July 24,1979. from 2:03:30 to to be ready and available for processing 40560 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices I I

after August 20, 1979. An application, in persons concerning the supply, lease or FEDERAL RESERVE SYSTEM order to considered with this, application control of containers utilized in the or with any other application on file by movement of cargo in the foreign Andrew Financial Corp.; Formation of the close of business on August 20, 1979', commerce of the.United.StateS so that Bank Holding Company which involves a conflict necessitating a we may properly exercise our regulatory Andrew Financial Corp., Andrew, hearing with this application must be' duties. Although no rule or order will Iowa, has applied for the Board's substantially complete and tendered for issue as a part of this investigation, the approval under section 3(a)(1) of the filing at the offices of the Commission in Commission will review information Bank Holding Company act (12 U.S.C. Washington, D.C., not later than the collected in order to determine whether 1842(a)(1)) to become a bank holding, close of business on August 20, 1979. further action is necessary to prevent company by acquiring 80'3 per cent or Petitions to deny this application must contraventionof the shipping statutes. more of the voting shares of Andrew also be on file with the Commission not Therefore, itis ordered,Thati pursuant Savings Bank, Andrew, Iowa. The later than the close of business on to sections 21, 22 and 27 of the Shipping factors that are considered in acting on August 20,1979: Act, 1916, and section 214(a) of the the application are set forth in section BPED-790604AD NEW, Philadelphia, Merchant Marine Act of 1936, a 3(c) of the Act (12 U.S.C. 1842(c)). Pennsylvania, The Trustees of the nonadjudichtory investigation is hereby The application may be Inspected at University of instituted into the practices Pennsylvania Requests: 88.9 of carriers, the offices of the Board of Governors or MHz, #205.1.9 kW. 280 feet conferences of carriers, shippers, at the Federal Reserve Bark of Chicago. container Federal Communications Commission,, leasing companies and others Any person wishing to comment on the William J. Tricarico, related to or connected with the neutral application should submit views in container leasing system, container Secretary. writing to the Reserve Bank, to be supply,, and related areas, said [FR Doo. 79-21411 Filed 7-10-7M: 8AB am], received not later than August 6, 1979; investigation to be conducted pursuant BILLING CODE 6712-01-M Any comment on an application that to the Commission's Rules of Practice requests a hearing must include a and Procedure, 46 CFR sections 502.281- statement of why a written presentation 291; would not suffice in lieu of a hearing, FEDERAL MARITIME COMMISSION It is further ordered,That the identifying specifically any questions of Investigative Officer shall be Mr. Martin fact that are in dispute and summarizing [Fact-Finding Investigation NoA1] F. McAlwee of the Commissioi. Mr. the evidence that would be presented at McAlwee Practices of Carriers, Conferences-of shall direct the investigation a hearing. and shall be-assisted by such Carriers, Shippers, Container Leasing staff members as he may designate. Board of Governors of the Federal Reserve Companies or Other Persons System, July 5,1979. ConnectedWith the Supply,,Lease or The Investigative Officer shall have the full authority of the Commission-te Edward T. Mulrenin, Control of Containers Utilized in the AssistantSecretary of the Board. Movement of Cargo In the Foreign hold public or nonpublicsessions, to Commerce of the United-States. resortto all compulsory processes [FR Doa. 79-M353 Filed 7-10-M. &45 am]' authorized by law (includingthe BILLING CODE 6210-.1-M The advent of containerization of' issuance of subpoenas), tio administer cargo in our waterborne foreign oaths and to perform such other duties- commerce has spawned thel as may be necessary in accordance with Bank Holding,Companies; Proposed development of companieswhich lease the laws of the United States and thet De Novo Nonbank Activities containers to both shippers- and,common regulatfons of the Commission- The bank holding companies listed In carriers by water in a variety'of . It is further ordered,That any person- this notice have applied, pursuant to circumstances. The Commission has having an interest and desiring to section 4(c](8) of the Bank Holding recently had occasion to address: participate in this proceeding, shall file Er Company Act (1Z U.S.C, 1843(c)(8)) and conference tariff rules which-may statement with the Investigative Officer,, § 225.4(b)(1J of theBoard's Regulation Y impact upon these container leasing describing their interest before (12 CFFL225.4(b)(1)), forpermission to companies and their practices--Docket September4, 1979;' engage de naeo (or continue to, engage In No. 76-34-TariffFMC 6, Rule 2Zof the It is further ordered,That the an activity earlier commenced donovo), ContinentalNorth Atlantic Westbound Investigative Officer shallissue to the directly or indirectly, solely in the FreightConference andDocket No. 76- Managing Director interim progress- activities indicated, which have been 36--Tariff Rules Concertedly Published reports every three months and a final determined by theHoard of GovernorD Defining Practicesof Conferences and report offfindings and recommendations to be closely related to banlding. Rate Agreement Members Regarding . no rater than one yearafter publication With respect to each the Acceptance and Responsibilityfor application, of this Order in the Federal Register, interested persons may express their Shipper-Ownedor Shipper-Leased (July 11, 1980] all such reports to remain views on the question whether Trailers or Containers(serveT confidential unless and until the consummation of the proposal can December 19, 1978). Commission rules otherwise; and "reasonably be expected to produce Shippers, container leasing companies It is further ordered,That Notice of benefits to the public, such as greater and carriers have raised nmerous-and this Order be published in the Federal convenience, increased competition, conflicting contentions concerning or what Register. gains in. efficiency, that outweigh has been characterized as the neutral By the Commission, June 1Z. 1979; possible adverse effects, such as container system. Basedupon these undue Francis C. Hurney, concentration of resources, decreased or various contentions, we conclude that it unfair competition, conflicts is necessary for us. to to gether facts Secretary. of interest, or unsound banking practices." relating to the-practices of carrier,. [FR Doc. 79-21341 Filed 7-10-79 8:45 am]. Any comment on an application conferences. of carriers, shippers, BILLING CODE 6730-01-ht that requests a hearing must include a statement of container leasingcompanies-and other the reasons a written presentation l aderal Re ister I Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40561 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices406 approval under section 3(a)(1) of the would not suffice in lieu of a hearing, account of others, loans and other of extensions of credit including consumer Bank Holding Company Act (12 U.S.C. identifying specifically any questions bank holding summarizing the loans, the purchase of sales finance 1842(a)(1)) to become a fact that are in dispute, per cent or evidence that would be presented at a contracts, loans to small businesses and company by acquiring 87 hearing, and indicating how the party other extensions of credit such as would more of the voting shares of St. Anthony commenting would be aggrieved by be made by a factoring company or Park State Bank. St. Paul, Minnesota. approval of that proposal. finance company; and acting as The factors that are considered in acting Each application may be inspected at insurance agent or broker for the sale of on the application are set forth in the offices of the Board of Governors or credit related life and accident and section 3(c) of the Act (12 U.S.C. at the Federal Reserve Bank indicated health insurance. These activities would 1842(c)). for that application. Comments and * be conducted from an office in Henrico The application may be inspected at requests for hearings should identify County, Virginia, serving the Richmond, the offices of the Board of Governors or clearly the specific application to which Virginia SMSA. at the Federal Reserve Bank.of they relate, and should be submitted in D. Other FederalReserve Banks: Minneapolis. Any person wishing to writing and received by the appropriate None. comment on the application should Federal Reserve Bank not later than . Board of Governors of the Federal Reserve submit views in writing to the Secretary, August 3, 1979. System, July 2.1979. Board of Governors of the Federal A. FederalReserve Bank of Edward T. Mulrenin, Reserve System. Washington, D.C. 20551 Richmond, 701 East Byrd Street, AssistantSecretory of the Board. to be received no later than August 3, Richmond, Virginia 23261: [FR Or. 79-. =54 Filed 7-10-79; &45 e=1 1979. Any comment on an application NATIONAL MARYLAND BIUNo CODE 6210-01.- that requests a hearing must include a CORPORATION, Baltimore, Maryland statement of why a vitten presentation (mortgage banking, consumer financing, would not suffice in lieu of a hearing. leasing and insurance activities; New Commercial State Bancshares, Inc. any questions of to engage, identifying specifically Jersey and Pennsylvania]: Formation of Bank Holding Company fact that are in dispute and summarizing through its subsidiary Homeowners present at a Loan Corporation, in making, acquiring Commercial State Bancshares, Inc., the evidence that would be and servicing loans and other Houston, Texas, has applied for the hearing. extensions of credit secured by real Board's approval under section 3(a)(1) of Board of Govemors of the Federal Reserve estate mortgages; making, acquiring and the Bank Holding Company Act (12 System. July 3,1979. servicing loans and other extensions of U.S.C. 1842 (a)(1)) to become a bank Edward T. Mulrenin, 100 credit such as would be made by a holding company by acquiring AssistantSecretary of theBoard. or credit card percent of the voting shares (less consumer finance &45 =1 company; leasing personal property in directors' qualifying shares) of [FR D-- 79--=3:6 FiL-k 7-10-79: accordance with the Board's Regulation Commercial State Bank, Houston, BILM COOE 6210-01-M Y; and selling credit life, accident and Texas. The factors that are considered in acting on the application are set forth health, and loan redemption and Fidelity Co4 Formation of Bank cancellation insurance directly related in section 3(c) of the Act (12 U.S.C. to its extensions of credit. These 1842(c)). Holding Company activities would be conducted from an The application may be inspected at Fidelity Company, Dyersville, Iowa, office in Cherry Hills, New Jersey, the offices of the Board of Governors or has applied for the Board's approval serving New Jersey and eastern at the Federal Reserve Bank of Dallas. under section 3(a](1) of the Bank Pennsylvania. Any person wishing to comment on the Holding Company Act (12 U.S.C. B. FederalReserveBank of Kansas application should submit views in 1842(a)(1)) to become a bank holding City, 925 Grand Avenue, Kansas City, writing to the Reserve Bank, to be company by acquiring 80 percent or Missouri 64198: received not later than August 3,1979. more of the voting shares of Fidelity HOMETOWN FINANCE COMPANY, Any comment on an application that Bank and Trust, Dyersville, Iowa. The Clinton, Oklahoma (mortgage banking requests a hearing must include a considered in acting on in factors that are activities; Oklahoma) to engage statement of why a written presentation forth in section or servicing for its would not suffice in lieu of a hearing, the application are set making, acquiring 3(c) of the Act (12 U.S.C. 1842(c)). own account or for the account of others identifying specifically any questions of V. A., Conventional, FHA, and second fact that are in dispute and summarizing The application may be inspected at mortgage real estate loans. These the evidence that would be presented at the offices of the Board of Governors or activities will be conducted from an a hearing. at the Federal Reserve Bank of Chicago. on the office located in Clinton, Oklahoma Board of Governors of the Federal Reserve Any person wishing to comment should submit views in serving Custer, Beckham and Washita System, July 5,1979. application counties and other cities within a 50 writing to the Reserve Bank, to be mile radius of Clinton, Oklahoma. Edward T. Mulrenin, received not later than August 21979. C. FederalReserve Bank of Chicago, AssistantSecretary of the Board. Any comment on an application that LaSalle Street, Chicago, hearing must include a 230 South [FR ear-79-,1'V3 Fied 7-10-79: &45 =1 requests a Illinois 60690: B=IWNO CODE 6210"1--U statement of why a written presentation NATIONAL DETROIT would not suffice in lieu of a hearing, CORPORATION, Detroit, Michigan identifying specifically any questions of (financing and insurance activities; Continental Banksystem, Inc.; fact that are in dispute and summarizing Richmond, Virginia): to engage de novo, Formation of Bank Holding Company the evidence that would be presented at through its subsidiary, Instaloan a hearing. Financial Services, Inc., in making or Continental Banksystem. Inc., St. Paul, acquiring for its own account or for the Minnesota, has applied for the Board's 40562 Federal Register / Vol.' 44, No. 134 / Wednesday, July 11, 1979 / Notices

Board of Governors of the Federal Reserve Board of Governors-of the Federal voting shares of Metropolitan State System, July 2,1979. Reserve System, Washington, D.C. 20551 Bank, Commerce City, Colorado. The Edward T. Mulrenin, to be received no later than August 2; factors that are considered in acting on Assistant Secretaryofthe Board. 1979. Any comment on anapplication the application are set forth In section [FR nor. 7G-21357 Filed 7-10-7, 8:45 am] that requests-a hearfng-must include a 3(c) of the Act (12 US.C. 1842(c)). BILLNG CODE 6210-01-M statement of why a written presentation The application may be inspected at would not suffice inlieu of a hearing the offices of the Board of Governors or identifying:specifically any questions of at the Federal Reserve Bank of Kansas First Osmond Corp.; Formation of. fact that are in dispute and summarizing City. Any person wishing to comment on Bank Holding Company the evidencethat would be presented at the application should submit views in First Osmond Corporation, Osmond, a hearing. writing.to the Reserve Bank, to. be Nebraska, has applied for the Boardfs Board of Governors of the Federal Reserve received not later than July 30, 1979. Any approval under section 3(a)(1) of the- System, July 2,1979. comment on an application that, requests Bank Holding Company Act (12.U.S;C, Edward T. Mulrenin, a hearing must include a statement of 1842(a)(1) to become a bank holding Assistant Secretaryof the Board. why a written presentation would not company by acquiring 100 percent of the suffice in lieu of a hearing, identifying [FR Doe. 7-21359"Filbd 7-40-79;, 8:45am] specifically voting shares (less directors' qualifying BILLING CODE 6210-01-M any questions of fact that shares) of Osmond State Bank, Osmond,. are in dispute and summarizing the- Nebraska. The factors that are. evidence that would be presented at a corisideredin acting on the application Meno Bancshares, Inc.; Formation of hearing. are set forth in section 3(c) of the.Act (12 Bank Holding Company Board of Governors of the Federal Reserve U.S.C. 1842fc))' System, July 3,1979. Meno Bancshares, Inc., Mero, The application may be inspectedat EdwariT. Mulrenin, the offices Oklahoma, has applied for the Board!s of the Board of Governors or AssistantSecretary of the Board. at the Federal Reserve Bankof Kansas approval under section 3(a)(1) of the City. Any person wishing to comment on Bank IHolding Company Act (12 U.S.C. [FR Doc. 7-Z1301 Filed T-10-7 &45 am, the application should'submit views in 1842(a)(1)) to become a bank holding BILLING COE-6210-01-1 writing to the Secretary, Board of company by acquiring 100.percent of the Governors of theFederal Reserve votingshares (less directors' qualifing shares) ofMena Guaranty Bank, Meno, SCB Financial Corp4; Formation of System, Washington, D.C, 20551!to be The factors: that are. Bank Holding Company received no later than August 3; 1979. Oklahoma. Any comment on an application that considered in acting on-the application SCB Financial Corporation, Smith requires a hearing must include a are set forth in:section 3(c)-of theAct (12' Center, Kansas, has applied for the statement of why a written presentaifon U.S.C. 1842(c)l. Board's approval under section 3(a)(1) of would not suffice in lieu of a hearing, The application maybe inspected at the Bank Holding Company Act (12 identifying specifically any questions of" the offices of the Board'of Governors or U.S.C. section 1842(a)(1)) to become a, fact that are in dispute and summarizing at the Federal Reserve Bank ofKansas bank holding company by acquiring 03,8 the evidence that would be presented at City. Any person wishing to comment on per cent of the voting shares of The a hearing. the application should submit views in Smith County State Bank &Trust Board of Governors ofthe Federal'Reserve writing ta the Secretary,. Board of Company, Smith Center, Kansas, The System. luly 3, 1979. Governors of the Federal Reserve factors that are considered in acting on Edward T. Muirenim System= Washington,, D.C. 20551 to be the application are set forth in section AssistantSecrtary of the Board. received no laterthan' August 5,1979. 3(c) of the Act (12 U.S.C. 1842(c)), Any comment on an application that The application may be inspected at [FR Doa. 79-158 Filed 7-1049 1:45 am] requests a hearing must include a BILLING CODE 6210-01-M the offices of the Board of Governors or statement of ivhy a written presentation at the Federal Reserve Bank of Kansas would notsuffice in lieu of a hearing; City. Any person wishing to comment on Marion Bank HoldingCo4 Formation of identifyingspecifically any questions of the application should submit views In Bank Holding Company fact that are'in dispute and summarizing- writing to the Secretary, Board of the evidence that would be presented at Governors ofrthe Federal'Reserve Marion Bank Holding Cbmpany, a hearing7. Marion, North Dakota, has applied for System, Washington, D.C. 20551 to be Board of Governors of the Fedbral Reserve received no later than July 30, 1979. Any the Board's approval under section System, July 5,1979. .3[a)(1) of the Bank Holding Company comment on an application that requests Edward Act (12 U.S.C. 1842(a)(l)} to become a T. Mulrenin, a hearing must include a statement of bank holding company by acquiring 100 Assistant Secretary-ofthe Bbard. why a written presentation wouldnot percent of the voting.sharesof the-State [FR Doc. 79-21360 Filed 7-10-79; 8.45 am] suffice in lieu of a hearing, identifying. Bank, of Marion, Marion, North.Dakota. BILLING CODE 6210-01 A specifically any questions of fact that The factors that are considered in acting are in dispute and summdrizin the on the application are set forthkin evidence that wouldbapresented at a, section 3(c1 of the Act (12 U.SC. Met-State Corp;-Formation of Bank hearing. 1842(c)). Holding Company Board of Governors of the Federal Reserve The application may be inspected at Met-State-orp., Commerce City, System, July 3, 1979. the offices of the Board'of Governors or Colorado, has appliedfor the-Board's Edward T. Mulrenin, at the-Federal Reserve Bank of approval under section 3(a)C1} of the Assistant SecretaryoftheBoard. Minneapolis. Anyperson wishing to Bank Holding Company Act (12 U.S.C. [FR Doc. 79-213O2 Filed 7-10-79, 8.45 am] comment on the application should 1842(a)(IJ) to become a bank holding BILLING CODE 6210-01-M submit views in writing to the Secretary, company by acquiring 80-per cent of the, Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40563

SSB Corp.; Formation of Bank Holding Board of Governors or the Federal Reserve at the National Institutes of Health. Company System, July 2, 1979. Division of Computer Research and Edward T. Mulrenin, Technology. The Center will be operated SSB Corporation, Big Spring, Texas. Assistant Sccr!dzy Bczrd. in accordance with the provisions of the has applied for the Board's approval [FR D M--L'4 F7-153-,, U ra= interagency agreement between the under section 3[a]) of the Bank BILLIG COOE B210-O1-M General Services Administration and Holding Company At {12 U.S.C. the Department of Health. Education. 1842(a)(1) to become a bank holding and Welfare. company by acquiring 80 percent or Valley Bancorp.; AcquLsition of Bank b. The Secretary of Health, Education. more of the voting shares of Security Valley Bancorporation. Appleton. and Welfare may redelegate this State Bank. Big Spring, Texas. The Wisconsin, has applied for the Board's authority to any officer, official, or factors that are considered in acting on approval under section 3[a)(3) of the employee of the Department of Health, the application are set forth in section Bank Holding Company Act (12 U.S.C. Education. and Welar-e. 3(c) of the Act 12 U.S.C. .4(c)). 1842(a](3) to acquire 80 percent or more c. This authority shall be exercised in The application may be inspected at of the voting shares of the Wisconsin accordance with the policies and the offices of the Board of Governors or National Bank in Watertown. procedures prescribed in the Federal at the Federal Reserve Bank of Dallas. Watertown. Wisconsin. The factors that Procurement Regulations and the Any person wishing to comment on the are considered in acting on the Federal Property Management application should submit views in application are set forth in section 3(c] Regulations by the General Serices writing to the Reserve Bank. to be of the Act (12 U.S.C. 1842(c)). AdminIstration. received not later than August 2. 1979. The application may be inspected at CLrence A. Lee, Jr., Any comment on an application that the offices of the Board of Governors or A c n-JAdainhm o!orof Cezerd Sewice. requests a hearing-must include a at the Federal Reserve Bank of Chicago. statement of why a written presentation Any person wishing to comment on the June Z9, 179 would not suffice in lieu of a hearing, application should submit views in &.LUNS CODE 6820-25-M identifying specifically any questions of writing to the Secretary, Board of fact that are in dispute and summarizing Governors of the Federal Reserve the evidence that would bd presented at System, Washington, D.C. 20551, to be Regional Public Advisory Panel on a hearing. received not later than August 2,1979. Architectural and Engineering Any comment on an application that Board of Governors of the Federal Reserve Services; Meeting System. July 2,1979. requests a hearing must include a statement of why a written presentation Pursuant to Public Law 9Z-463, notice Edward T. Murenin, would not suffice In lieu of a hearing, is hereby given of a meeting of the AssistantSecretry of theBoar- identifying specifically any questions of Regional Public Advisory Panel on [FRDc. 79-21353 Filed 7-10-79:843 am] fact that are in 4ispute and summarizing Architectura and Engineering Services. BILLING CODE 6210-01-M the evidence that would be presented at Region 6. from 9.00 a.m., July 26 through a hearing. July 27,1979. PBS Conference Room.5 Board of Governom of the Federal Rc-ere Federal Building, 1500 East Bannister Union National Bancshares; Formation System. July 2,1979. Road. Kansas City, Missouri. The of Bank Holding Company Edward T. Murenln, meeting will be devoted to the initial step of the procedures for screening and UnionNational Bancshares, Chandler. AssistantSecretary of the Boord evaluating the qualifications of Oklahoma. has applied for the Board's (FR Dor- 79-13 Eed -I0-79: &45 =] Architect-Engineers under consideration approval under section 3(a)(1) of the BIWNG COnD E 20-0-M for selection to furnish professional Bank Holding Company Act (12 U.S.C. services for the following projects: 184_a)(1)) to become a bank holding GENERAL SERVICES company by acquiring 80 percent or Construction of Courtrooms and Related more of the voting shares of Union Facilities, U.S. Courthouse and ADMINISTRATION Customhouse. St. Louis, Missouri tKational Bank of Chandler, Chandler, Modernization of Off-e Space. Federal factors that are Oklahoma. The [Temporary Regulation F-490] Center. Building 110, 4300 Goo-d!eow. SL considered in acting on the application Louis, Missouri are set forth in section 3(c) of the Act (12 Delegation of authority Construction of Courtrooms, Related U.S.C. 1842(c)). 1. Purpose.This regulation delegates Facilities, and Misc_]lanssous Repairs. US. The application may be inspected at authority to the Secretary of Health, Courthouse. 811 Grand Avenue. Kansas the offices of the Board of Governors or Education, and Welfare to operate a City, Missouri at the Federal Reserve Bank of Kansas Federal Data Processing Center. Supplemental A-E Contract for Prolects City. Any person wishing to comment on within MLsouri and Kansas 2. Effective date. This regulation is Supplemental A-E Contract fo rioects the application should submit views in effective July 11.1979. within the State of Missouri writing to the Reserve Bank, to be 3. Dele~gation. received not later than August 1,1979. a. Pursuant to the authority vested in The meeting will be open to the Any comment on an application that me by the Federal Property and public. requests a hearing must include a Administrative Services Act of 1949, 63 Arlena D. Schley. statement of why a written presentation Stat. 377 as amended, particularly Actig Rggio.IA" tro. would not suffice in lieu of a hearing. section 111 thereof, authority is hereby July 5.1979. identifying specifically any questions of delegated to the Secretary of Health. fact that are in dispute and summarizing Education, and Welfare to operate a (F.n--- ,1-1452e I- the evidence that would be presented at Federal Data Processing Center for BUNDG CO0E 6820-25-M a hearing. biomedical and statistical computation 40564 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

Bureau of Land Management Office, Scoping meetings will be held in DEPARTMENT OF HOUSING AND states along the pipeline. Times and URBAN DEVELOPMENT West of Miles City, Miles City, Montana. locations will be announced later, The [Docket No. D-79-577] The agenda for the meeting will purposes of the meetings include: include: (1) Introductions and election ol (1) To inform affected Federal, State Office of the Area Manager, Dallas officers; (2) Composition of the Miles and local agencies, and other interested Area Office; Designation City District and its relation with the groups or individuals about the AGENCY: Department of Housing and overall Bureau of Land Management; (3] proposal. Urban Development. A discussion of on-going programs; (4) A (2) To define the scope and significant ACTION: Designation of Line of discussion of the board's future issues to be analyzed in the EIS, This Succession. involvement in advising on commercial includes identification and elimination livestock grazing in the development of from detailed study those issues which SUMMARY: The Area Manager is allotment management plans and are not significant. designating officials who may serve as utilization of range-betterment funds (3) To identify related environmental Acting Area Manager during the with respect to commercial livestock assessments or environmental impact absence of, or vacancy in the position grazing; (5) The arrangements for the statements, which may not be within the of, the Area Manager. next meeting. scope of the subject EIS. EFFECTIVE DATE: July 11, 1979. The meeting is open to the public. (4) To identify related consultation SUPPLEMENTARY INFORMATION: Each of Interested persons may make oral and review requirements which will be the officials appointed to the following statements for the board's addressed in the EIS, including position is designated to serve as Acting consideration. Anyone wishing to make identification of mandated Area Manager during the absence of, or an oral statement must notify the documentation. District Manager, Bur a-u of Land vacancy in the position of, the Area The contact for Manager, with all the Management, P.O. Box 940, Miles City, the Rocky Mountain powers, functions, Liquid Hydrocarbon Pipeline (MAPCO) and duties redelegated or assigned to Montana, 59301, by August 17, 1979. the Area Manager: Provided, that no Depending on the number of persons Environmental Impact Statement is: official is authorized to serve as Acting wishing to make oral statements, a Robert E. Armstrong, Bureau of Land Area Manager unless all officials before persons time limit may be established Management, New Mexico State Office, him in this designation are unavailable by the District Manager. P.O. Box 1449, Santa Fe, New Mexico 87501. to act by reason of absence or vacancy Summary minutes of the board Telephone: Commercial Number in the position: meeting will be maintained in the (505) 988-6467 FTS 476-14B7. 1. Deputy Area Manager District Office and be available for Arthur W. Zimmerman, 2. Director, Community Planning and public inspection and reproduction State Director. Development Division (during regular business hours) within SX [FR Doc. 79-21328 Filed 7-10-79. 8:45 am] 3. Director, Housing Division days following the meeting. BILLING CODE 4310-84-M 4. Area Counsel Robert Teegarden, This designation supersedes the Acting DistrictManager. Road and Public Use Closure unpublished designation effective [FR Doc. 79-21327 Filed 7-1O-7; &45 aml February 2, 1977. BILNG CODE 4310-84-M In 1978, the Montrose District of the (Delegation of Authority by the Secretary Bureau of Land Management and the effective October 1, 1970: 36 FR 3389, Colorado Division of Wildlife completed February 23, 1971). New Mexico, Colorado, Utah, Wyoming a cooperative Habitat Management Plan Irving Statman, Proposed Rocky Mountain Liquid for the Perins Peak Wildlife Area to Area Manager,Dallas Area Office, Region VI Hydrocarbon Pipeline; Notice of Intent benefit endangered species and (Dallas). To Prepare an Environmental Impact wintering deer and elk. The Plan calls Vernon C. Mayfield, Statement for the following closures located near RegionalCounsel, Region VI (Dallas). June 25, 1979. Durango, Colorado. The road closure, to [FR Doc. 79-21348 Filed 7-10-79 protect endangered species habitat and - 8:45 am]- The Department of the Interior, BILUNG CODE 4210-01-M prevent resource damage, is effective Bureau of Land Management, New immediately Mexico State for all the roads in the Office is responsible for following described lands: preparation of an Environmental Impact DEPARTMENT OF THE INTERIOR Statement for a proposed liquid New Mexico Principal Meridian hydrocarbon pipeline system. MAPCO T. 35 N., R. 10 W., Bureau of Land Management Inc. proposes to construct a product Section 13, W1/2, delivery system from near Rock Springs, Miles City District Grazing Section 14, E /2NEIA, SWIANE A, Advisory Wyoming through Colorado, Utah, New Board; Meeting NE SE/4. Mexico, to a point near Hobbs Station, Notice is hereby given in accordance Texas. The overall length of the system The seasonal area closure to protect with Pub. L. 92-463 that a meeting of the is approximately 1,200 miles long and endangered species habitat, effective Miles City District Grazing Advisory will largely follow existing corridors. each year from February 15 through Board will be held on August 22, 1979. Alternate routes and alternatives to the August 1 beginning immediately applies On August 22, the meeting will begin proposal as a whole will be considered to the following described Public Lands: at I p.m. in the conference room of the in the Environmental Impact Statement. Federal Register I Vol. 44. No. 134 1 Wednesday. July 11, 1979 1 Notices 40565

New Mexico Principal Meridian the Act of No, ember 16. 1373 (87 Stat. P.O. Bax 6770. Albuquezque. New has Mexico 87107. T. 35 N.. R. 10 W_ 576). Gas Company of NewMexico Section 2. E '/SE%: applied for one C-inch natural gas Fred F_.Padill. Section 11, NE'/NE pipeline and related facilities right-of- Cbki Brapiscf ofiaird~andffineraL Section 12. NWV/ NW ; SNW4. way across the following l3nd: N SW . SW SW: New Mexico Principal Meridian. New Mexico Section 13; B6IING CODE 4310-&$-M Section 14. E4NE; ,EYSE . T. 18 S.. R. 31 . Sec. 34. S' -,%EVl NSWI't and For further information. contact NW 4SE'L: Marlyn Jones. District Manager, Sec. 35. S''. ,%W'. [NM 370081 Montrose District Office, Montrose. This pipeline will convey natural gas Colorado 81401. (3031249-7791). across 1.24 miles of public land in Eddy New Mexico; Application Marlyn V. Jones. County. New Mexico. July 3. l9 9 DistrictMt!nager. The purpose of this notice is to inform Notice is hereby given that. pursuant [FR Do 79-2fl4 Fed 7-0-. 8:45a=[ the public that the Bureau will be to Section Z8 of the Mineral Leasing Act B4LLINCO0E 4310-8"-i proceeding with consideration of of 1920 (30 U.S.C. 185). as amended by whether the application should be the Act of November 16.1973 (87 Stat. approved, and if so. under what terms 576). Northem Natural Gas Company [M 43913 through M 43913-B] and conditions. has applied for one 12-:i-inch natural Montana; Right-of-Way Application for Interested persons desiring to express gas pipeline right-of-way across the their views should promptly send their following lands: Pipeline name and address to the District New Mexico Principal Meridia. New Mexico July 2. 1979. Manager. Bureau of Land Management. T. 18 S,. R. 2E. Notice is hereby given that pursuant P.O. Box 1397. Roswell. New Mexico 88201. Sec. 13. .NzzET,4. to Section 28 of the Mineral Leasing Act T. 18 S.. R 29 E.. of 1920, as amended (30 U.S.C. 185]. Fred E. Padilla. Sec. 7. [ot 4. SE4SW and SEz.4SEN: Montana-Dakota Utilities Company has Chief Broanch ofLandsand.%hnerals Se r-14. S ezN 'As: filed three (3] applications for rights-of- Operations. Sec. 15. St'Xk way for a 3-inch natural gas pipeline to (r Do -n-."1F deAl -- 10.-: 05 a=j Sec. 17. NEit.N1V. hook up Well Nos. 3115. 3215, and 3415 T. 18 S_ R. 33 E.. COO 43104"-i in the Bovdoin Field across eSamaN Sec. 13. V 2SSt' approximately 0.89 miles of public land Sec. 14. NI St. in Phillips County: Sec 15. XtST2 [NM 37528,37529 ad 375301 Sec. 17. S'2 1,," Pxincipal Meridian. Montana. Sec. 18. lot 2. St zNE'4 and SNW'.I T. 31 N.. R. 35 . New Mexico; Applications T. 18 S.. R. 31 .. Sec. 30. NW4SE.: SeQ. 13. ttS%,: Sec. 31. Lot 4: July 3.1979. Sec. 14. N;"S%:- Sec- 32. N SE : and Notice is hereby given thaL pursuant Se_- 15. S'-ZS~t and NENSE4: Sec 33. NWW4SE I. Sec. 17. Nt'2SW'V. NWzfSE% and to Section 28 of the Mineral Leasing Act The purpose of this notice is to inform of 1930 (30 U.S.C. 185). as amended by Sec. 18. lot 3. NE'k4SWk4 and NI2SEk. the public that the Bureau will be the Act of November 16. 1973 (87 Stat. T. 18 S.. R. 32 E.. proceeding with consideration of 576). Northwest Pipeline Corporation Sec. 13. S'rtS;=: whether the applications should be has applied for three 4'z-inch natural Sc. 14. S12SE,4. approved, and if so. under what terms gas pipeline rights-of-way across the Sec. 15. SeS/Z: and conditions. following lands: Sec. 17., M'k4SWi'4 anJ S~'eS'zt Interested persons desiring to express Sec. 18. lot 3. NESW' and NVSE'4 their views should promptly send their New Mexico Principal Meridian. New Mexico T, 18 S. R. 33 E.. name and addresg to the District T. 28 N.. R. 6 W.. Sac. IS. lot 4. SENSWI/a and StSEza: Manager, Bureau of Land Management. Sec. 16. N 4SEV-4: Sec. 19. !t N,%E'4: Sec. 29. XNN e Drawer 1160. Lewistown. Montana Sec. 22. NE4SW,4. T. 30 N., R. 6 %., 59457. Sec. 22. MN'14N5 , and '.W4 Roland F. Lee. Sec. 28. lots 5. 6 and NE 4SE!,A. Sec. 24. S'zNE;4. Chief Branch of Lands and.M1inerals These pipelines will convey natural This pipeline will convey natural gas Operantoz. " gas across 0.487 of a mile of publi6 lands across 21.57 miles of public lands in Lea [FR or. ,:4-Zl8 e'-0-,9 5:45 ai.] in Rio Arriba County. New Mexico. and Eddy Counties. New Mexico. BELUNG CODE 4310-84- The purpose of this notice is to inform The purpose of this notice is to inform the public that the Bureau will be the public that the Bureau will be proceeding with consideration of [NM 37703] proceeding with consideration of whether the applications should be whether the application should be approved, and if so, under what terms New Mexico; Application approved, and if so, under what terms and conditions. July 3 1979. and conditions. Interested persons desiring to express Interested persons desiring to express Notice is hereby given that, pursuant their views should promptly send their their views sho:dd promptly send their to Section 28 of the Mineral Leasing Act name and address to the district name and address to the District of 1920 (30 U.S.C. 185). as amended by manager. Bureau of Land Management, Manager, Bureau of Land ManagemenL 40566 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices | 1 I I I I I I II I

P.O. Box 1397, Roswell, New Mexico miles long capable of transporting 25 address the impacts of construction and 88201. million tons of coal per year to coal-fired operation of the Tucson Division. Fred E.Padilla, electric generating plants along the The purpose of the proposed project Is Chief. Branch of Lands andMinerals proposed route. Associated facilities to deliver CAP Colorado River water to Operations. including pumping stations, dewatering agricultural and municipal and [FR Doc. 79-21392 Filed 7-10-79; 8:45 am] facilities, barge terminals, and slurry industrial water users in Pinal and Pima BILLING CODE 4310-84-M preparation plant will also be assessed Coimties, Arizona. The Tucsorl Division in the statement. Alternatives to be will consist of a 60-mile-long considered include but will not be (approximate) aqueduct, three or more [NM 37464, 37465 and 374761 limited to routes, facilities, or other pumping plants, transmission facilities transportation modes capable of to deliver electrical energy to the New Mexico, Applications transporting approximately 25 million pumping plants, and facilities for July 3,1979. tons of coal from Wyoming to markets regulation and storage of water, The Notice is hereby given that, pursuant in the midwest and gulf coast regions. aqueduct will begin, at the terminus of to Section 28 of the Mineral Leasing Act Public meetings on the'scope of the ETSI the authorized Salt-Gila Aqueduct In of 1920 (30 U.S.C. 185), as amended by coal slurry pipeline proposal will be Pinal County and will terminate In the the Act of November 16,1973 (87 Stat. held initially in Cheyenne and Gillette, immediate vicinity of the city of Tucson 576), Southern Union Gathering Wyoming. The meeting in Cheyenne will in Pima County. Company has applied for three 4-inch be at 7:00 p.m., August 7, 1979, at the Alternatives under consideration natural gas pipeline rights-of-way across Hitching Post Inn. The Gillette meeting include various aqueduct alinements, the following land: will be at 7:00 p.m., August 9, 1979, at designs (open concrete-lined canal vs. the Ramada Inn. Additional scoping pipeline), and the size and type of New Mexico Principal Meridian, New Mexico meetings will also be held in storage requirements (natural reservoir T. 29 N., R. 8 W., communities proximate-to the project in sites vs. in-line excavated tanks). Sec. 3, SW NW 4 and SEV4SW ; those States affected. The dates, places, There will be two meetings to solicit Sec. 4, lots 1, 2, SY2NEY4 and E gSWY4; and times of these meetings will be Sec. 10, NW NEY and NE NW . infomation from all interested public publicized in local news media. entities and persons to assist in These pipelines will convey natural The purpose of the public scoping determining the scope of the gas across 1.90 miles of public land in meetings is threefold: (1) to inform the enviornmental statement and to ldeitly San Juan County, New Mexico. public of the nature of the proposed the significant issues related to the The purpose of this notice is to inform project and those aspects to be analyzed proposed action. These meetings will be the public that the Bureau will be in the statement including the tentative held on July 19, 1979, at 1:00 p,m. in the proceeding with consideration of alternatives based on existing data and Tucson Community Center, 350 South whether the applications should be knowledge of the area; (2) to gather Church Street, Tucson, Arizona: and at approved, and if so, under what terms resource information from the public; 7:00 p.m. in the Social Service Center, and conditions. and (3) to consider concerns, problems, 100 East 7th Street, Eloy, Arizona. Interested persons desiring to express and/or issues important to the public for The contact person for this their views should promptly send their possible inclusion into the statement. environmental statement will be: Larry name and address to the District The contact for the ETSI Coal Slurry Morton, Environmental Office, Arizona Manager, Bureau of Land Management, Pipeline Environmental Statement is Projects Office, Bureau of Reclamation, P.O. Box 6770, Albuquerque, New Richard E. Traylor, ETSI ES Team 201 North Central Avenue, Phoenix, Mexico 87107. Leader, Bureau of Land Management, Arizona 85073, telephone (602) 261-3577,' Fred E. Padilla, Wyoming State Office, P.O. Box 1828, Cheyenne, Wyoming 82001, telephone: Dated: July 5,1979. Chief,Branch of Lands andMinerals D. D. Anderson, Operations. Commercial Number (307) 778-2220, Acting Commissioner. [FR Doc. 79-21393 Filed 7-10-79;:8:45 am] extension 2405; FTS 328-2406. BILLING CODE 4310-84-M Arnold E.Petty, [FR DOc.79-21373 Filed 7-10-79:8:45 am) Acting AssociateDirector, Bureau of Land BILLING CODE 4310-09-M Management, Washington, D.C. Wyoming; Energy Transportation' July 6,1979. Office of the Secretary Systems, Inc. (ETSI) Coal Slurry [FR Doc. 79-21403 Filed 7-10-79:.8:45 am) Pipeline; Notice of Intent To Prepare BILLING CODE 431044-M [INT DES 79-381 an Environmental Statement Notice is hereby given that, in Proposed Grazing Management Bureau of Reclamatiori accordance with the National - Program for Parker Mountain Planning Unit, Wayne County, Utah; Availability Environmental Policy Act of 1969, the Tucson Division, Central Arizona Department of the Interior, Bureau of of Draft Environmental Statement and Project, Arizona; Intent to Prepare an Public Hearing ...... Land Management, Wyoming State Environmental Impact Statement Office, will prepare an Environmental Pursuant to section 102(2)(C) of the Statement on a proposed coal slurry Pursuant to section 102(2)(C) of the National Environmental Policy Act of pipeline originating in northeastern National Environmental Policy Act of 1969 and a 1975 Federal Court Order, the Wyoming with terminals proposed in 1969, the Department of the Interior Bureau of Land Management has Oklahoma, Arkansas, Mississippi, and - proposes to prepare an environmental prepared a draft environmental Impact Louisiana. The statement will analyze impact statement on the Tucson statement for the proposed Parker construction of a 38-inch diameter coal Division, Central Arizona Project (CAP), Mountain Grazing Management Program slurry pipeline approximately 1,670 Arizona. The proposed statement will in Wayne County, Utah. Federal Register / Vol. 44, No. 134 / Wednesday. July 11, 1979 / Notices 40567

The objective of the proposal is to INTERNATIONAL TRADE may result in contempt of court and provide land use management on the COMMISSION appropriate disciplinary action by their basis of multiple use and long-term employers. Additionally. for a five-year sustained yield of the natural resources [Investigation No. 337-TA-63/651 period. employees must either report in on 213,057 acres of public land. writing price communications with other Initially, 11,180 animal unit months Certain Precision Resistor Chips folding carton manufacturers or (AUMs) of forage would be allocated to Notice is hereby given that the annually certify that they engaged in no livestock and 2,950 to big game animals prehearing conference scheduled for such price communications. (deer, elk, and antelope]. In the long' July 23, 1979 and the hearing scheduled The complaint was filed following the term, the respective allocations would for July 30,1979. pursuant to notice return of an indictment charging all of be 11,556 and 3,330 AUMs. Vegetation previously published in the Federal the defendants with a criminal price- treatments, seedings, water Register on June 27.1979 (44 FR 37567). fixing violation. All defendants pleaded developments, fences, and prescribed are postponed indefinitely. nolo contendere to the criminal charges. periods of rest from grazing would The Secretary shall publish this notice except Consolidated Packaging" accompany the forage allocation. in the Federal Register. Corporation %%hichwas convicted The Bureau of Land Management Issued: July 5. 1979. following a three-week jury trial. invites written Janet D. Saxon, Consolidatcd Packaging Corporation's comments on the draft conviction was affirmed by the Court of statement. Comments should be AdministrativeLowl udge. Appeals. submitted to District Manager, Bureau of WFRD-a 79-2 q440 Filed -l0-79, &45 am]J The details of the relief obtained in- Land Management, 150 East 900 North,* BILUNG CODE 7020-02-, Richfield, Utah 84701. Comments will be this case are set forth in the proposed received until August 27, 1979. Judgment and Competitive Impact Statement. Public comment is invited Public reading copied of the Draft DEPARTMENT OF JUSTICE within the statutory sixty-day comment statement will be available at the period. Such comments and responses following locations: Antitrust Division thereto will be published in the Federal Office of Public Affairs, Bureau of Land Proposed Consent Judgment in United Register and filed with the Court. Management, Interior Building, 18th and C States v. Alton Box Board Co., et al. Comments should be directed to the Streets NW, Washington, D.C. and Competitive Impact Statement United States Department of Justice. Utah State Office. Bureau of Land Therein Attention: Gerald A. Connell, Chief. Management. University Club Budding, 136 General Litigation Section, Antitrust East South Temple. Salt Lake City, Utah Notice is hereby given pursuant to the Division, Washington. D.C. 20530. Antitrust Procedures and Penalties Act. Richfield District Office. Bureau of Land Dated: June 2. 1979. Management, 150 East 900 North, Richfield. 15 U.S.C.. section 16[b}-h). that a Utah proposed consent judgment and a Charles F. B. McAleer. Henry Mountain Resource Area Office, competitive impact statement as set out SpcrialAssislantfarl udgment Negociatiolns Bureau of Land Management. Hanksville. below have been filed with the United United States District Court Northern District Utah States District Court for the Northern of Illinois Eastern Division A limited District of Illinois, Eastern Division. in United States of America. Plaintiff. v. Alton number of copies are United States v. Alton Box Board available from the Richfield District Box Board Co.. et al.. Defendants. Civil -- Company, et ol., No. 76 C 597. The Action No. 76 C 597 Filed: June 28.1979 Manager at the above address. complaint alleges that the twenty-two Notice is hereby given that oral and/ corporate defendants conspired among Stipulation or written testimony will be received at themselves and various co-conspirators It is hereby stipulated by and between the a public hearing on August 16,1979, to to fix the prices of folding cartons from undersigned parties, by their respective be held at the Loa Community Center in 1960 to 1974. attorneys, that: Loa, Utah at 7:30 p.m. All of the defendants have agreed to 1. The parties consent that a Final the proposed consent Judgment in the form hereto attached may be A BLM official will preside over the decree which filed and entered by the Court. upon the hearings. Witnesses presenting oral enjoins the defendants for a twenty-five Courts own motion, at any time after comments should limit their testimony year period, from price-fixing, allocating compliance with the requirements of the to ten (10) minutes. Copies of written customers, submitting non-competitive Antitrust Procedures and Penalities Act 1i5 material which supplements oral bids and exchanging present and future U.S.C.. § 16. and without further notice to comments submitted at the hearings will prices to customers. The proposed any party or other proceedings. provided that be made part of the official record. judgment also imp6ses an affirmative Plaintiff has not withdrawn its consent. which it may do at any time before the entry A court recorder will take a record of compliance program on the defendants for a ten-year period which includes the of the proposed Final Judgment by serving the testimony and then prepare a notice thereof on Defendants and by filing verbatim annual distribution of the final judgment transcript of the proceedings. to certain employees, annual meetings that notice with the Court. View points expressed at the hearings with employees 2. In the event Plaintiff withdraws its to discuss the terms and consent or if the proposed Final Judgment is and written comments will be obligations of the judgment. annual considered in preparation of the final not entered pursuant to this Stipulation. this distribution by defendants to employees Stipulation shall be of no effect whatever and environmental statement. of written directives setting forth the the making of this Stipulation shall be Dated: July 6.1979. defendants' policies regarding without prejudice to any party in this or any Larry E. Meierotto, compliance with the judgment and the other proceeding. AssistantSecretary. Sherman Act, and annual certification Dated: June 28.1979 by employees that they have read and For the Plaintiff- iFRDoc.-79-21397 Filed 7-10-7M 8:45 am] understand the proposed judgment and (s) John H. Shenefield. Assistant Attoney BILLING CODE 4310-84- that failure to comply with the judgment General 40568 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

(s) William E. Swope, (s) Charles F. B. McAleer, As used in this Final Judgment: Nothing contained In this Final Judgment is) Gerald A. Connell, Attorneys, United (A) "Person" shall mean any individual, shall prohibit a Defendant's negotiations, States Department of Justice partnership, corporation, firm, association or arrangements or communications: (a) with For the Defendants: other business or legal entity; and any agent, broker, distributor or is) Roger Harris, Alton Box Board Co. (B) "Folding cartons" shall mean folding representative of such Defendant: or (b) with (s) D. Bruce Pearson, cartons made principally from the category of another manufacturer or seller of folding (a) Barbara A. McAninch, paperboards referred to as bending box cartons or with any agent, broker, distributor (s) Joseph M. Gensheimer, Attorneys, United board. "Folding cartons" do not include milk or representative of such manufacturer or States Department of Justice, Antitrust cartons. sellei solely in connection with bonafido Division, Washington, D.C. 20530. proposed or actual purchases or sales of IlI. folding cartons or any product or service Is) J. Randolph Wilson, American Can Co. The provisions of this Final Judgment are relating to the manufacture of folding cartons (s) David P. List, Brown Co. such as board, ink, sheeting, coating or (s) John E. Burke, F. N. Burt Co., Inc. .applicable to all Defendants herein and shall also apply to each of said Defendaits' printing, from or to that manufacturer or (s) Michael H. King, Consolidated Packaging seller. Corp. officers, directors, agents and employees, (s) Bruce A. Hecker, Diamond International subsidiaries, successors and assigns, and to VI. Corp. all other persons in active concert or (A) Within sixty (60) days after the data of (s) William A. Montgomery, Federal Paper _participation with any of them who shall entry of this Final Judgment, each Defendant Board Co., Inc. have received actual notice of this Final herein shall furnish a conformed copy to: (s) Asa Rountree, The A. L. Garber Co., Inc. Judgment by personal service or otherwise; (1) Each of its own officers and directors is) Henry L. King International Paper Co. provided,however, that this Final Judgment (2) Each officer and director of a domestic (s) Edward F. Fitzpatrick, Burd & Fletcher Co. shall not apply to transactions or subsidiary engaged In the manufacture or is) Irving H. Goldberg, Champion communications solely between a Defendant sale of folding cartons; International Corp. and its officers, directors, employees, agents, (3)Each of its own employees and is) Glenn W. McGee, Contiainer Corp. of or to transactions or communications managing agents who is engaged in, or has America between or among a Defendant and its parent responsibility for or authority over the pricing (s] James G. Hiering, Eastex Packaging, Inc. company, subsidiaries or companies more or sale of folding cartons: (s) Charles E. Hanger, Fibreboard Corp. than fifty percent (50%) owned by the (4) Each employee and managing agent of a (s) Irving H. Goldberg, Hoerner Waldorf Defendant or its parent, or to activities domestic subsidiary engaged in the Corp. outside the United States which do not affect manufacture or sale of folding cartons who is (s) Robert W. Gettleman,.Interstate Folding the commerce of the Unit6d States. engaged in, or has responsibility for or Box Co. authority over the pricing or sale 6f folding is) Alan Wiseman, The Mead Corp. IV. cartons; (s) John P. Ryan, Jr., Potlatch Corp. (A) Each Defendant is enjoined and and shall advise and inform each such person is) Kimba W. Lovejoy, St. Regis Paper Co. restrained from directly or indirectly entering that violation of this Final Judgment could (s) E. Houston Harsha, Packaging Corp, of into, adhering to, maintaining, furthering, result in a conviction for contempt of court America enforcing or claiming any rights under any and imprisonment and/or fine. is) R. Bruce MacWhorter, Rexham Corp. contract, agreement, arrangement, (B) Within ninety (90) days after the date of (s) Donald G. Kempf, Jr., Weyerhaeuser Co. understanding, plan, program, combination or entry of this Final judgment, each Defendant United States Distict conspiracy with any other manufacturer or shall file with the Plaintiff an affidavit Court, Northern District concerning the fact of Illinois Eastern Division seller of folding cartons to: and manner of (1) Raise, fix, maintain or stabilize compllance",vith Paragraph (A) of this United States of America, the price Plaintiff, v. Alton or other terms or conditions Section. Box Board Company, et al., Defendants. for the sale of Civil folding cartons to any third person; (C)Within thirty (30) days after each such Action No. 76 C 597 Filed: June 28, 1979 (2) Allocate, limit or divide territories, person becomes an officer, director, employee or agent of the kind described In Final Judgment markets or customers for the sale of folding Paragraph cartons; (A), a Defendant shall furnish to Plaintiff, United States of America, having him or her a copy of this Final (3) Submit noncompetitive, judgment filed its Complaint herein on February 18, collusive, rigged together with the advice specified by said 1970, and the Plaintiff and the Defendants, by or cover bids or quotations for the sale of Paragraph (A). their respective attorneys, having consented folding cartons; and to the entry of this Final Judgment, without (4) Refrain from submitting a bid for any VII. trial or adjudication of, or finding on, any sale of folding cartons. (A) Each Defendant shall advise each of Its issue of fact or law herein, and without .this (B) Each Defendent is enjoined and officers who has management responsibility Final Judgment constituting any evidence restrained from communicating to or for the manufacture or sale of folding cartons, against or admission by any party with requesting from any other manufacturer or and each of its employees and managing respect to any such issue: seller of folding cartons the most recent price agents who is engaged in the sale of or who NOW, THEREF'RE, before any testimony charged or quoted or the future price to be has responsibility for or authority over the has been taken herein, and without trial or charged or quoted to a customer or potential establishment of prices for folding cartons, of adjudication of, or finding on, any issue or customer with respect to a specific order for its and their obligations under this Final issues of fact or law herein, and upon the folding cartons, whether communicated in the Judgment. For a period of ten (10) years from consent of the parties hereto, IT IS HEREBY form of a specific price or information from the entry of this Final Judgment, each ORDERED, ADJUDGED AND DECREED AS which such specific price maybe computed. Defendant shall maintain a program to Insure FOLLOWS: (C)Each Defendant is enjoined and compliance with this Final Judgment, which restrained from distributing to any - program shall include at a minimum the I. following with manufacturer of folding cartons, except as respect to each of the persons This Court has jurisdiction of the subject permitted described immediately above: by Section V of this Final (1) The annual matter herein and of the parties hereto. The Judgment, any folding distribution to them of this carton pricing manuals, Final Judgment or Complaint states a claim upon which relief price lists, or similar pricing material a summary thereof, which is (2) The annual submission to them of a may be granted against the Defendants under used, has been used or will be used in Section One of the Sherman written directive setting forth the Defendant';s Act, 15 U.S.C., computing prices charged or to b _charged for policy regarding § 1. compliance with the folding cartons. Sherman Act and with this Final Judgment, Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40569

with such directive to include: (a) an Defendants shall maintain for inspection by of the matters contained in this Final admonition that non-compliance with such the Plaintiff all reports and certifications judgment as may from time to time be policy and this Final Judgment will result in required by this Paragraph until the sixth reasonably requested, subject to legally appropriate disciplinary action determined (6th) anniversary date of entry of this Final recognized privilege. by the Defendant and which may include Judgment. No information or documents obtained by dismissal, and (b) advice that the Defendant's (B) For a period of ten (10) years from the the means provided in this Final judgment legal advisors are available at all reasonable entry of this Final Judgment. each Defendant shall be divulged by any representative of the times to confer with such persons regarding shall file with the Plaintiff, and under seal Department of justice to any person other any compliance questions or problems;, with the Court. on or before the anniversary than a duly authorized representative of the (3) The impositidn of a requirement that. date of this Final Judgment. a sworn E.%ecutive Branch of the United states, except each of them sign and submit to his employer. statement, by a responsible official in the course of legal proceedings to which once a year, a certificate in substantially the designated by the Defendant to perform such the United States is a party, or for the following form: duties, setting forth all steps it has taken purpose of securing compliance with this "The undersigned hereby (1) acknowledges during the preceding year to discharge its Final judgment, or as otherwise required by receipt of a copy of the 1979 Folding Carton obligations under this Section VII. This law,. Final Judgment and a written directive setting statement shall be accompanied by copies of If at any time information or documents are forth the Company policy regarding all written directives issued by the Defendant furnished by a Defendant to Plaintiff and compliance with the antitrust laws and with during the prior year with respect to such Defendant marks each pertinent page of such Final Judgment. (2) represents that the compliance with the antitrust laws and with such material "Confidential", then twenty undersigned has read and understands such this Final Judgment. (20) days notice shall be given by Plaintiff to Final Judgment and directive, (3) (C)Upon Order of the Court. on motion by such Defendant prior to divulging suc.h acknowledges that the undersigned has been the Plaintiff for good cause shown, the material in any legal proceeding (other than a advised and understands that non- designated offical shall appear before the Grand jury Proceeding) to which the compliance with such policy and Final Court to give swam testimony on the manner Defendant is not a party or pursuant to a Judgment will result in appropriate of compliance with this Final Judgement. request under the Freedom of Information disciplinary measures determined by the (D)The Plaintiff may demand a more Act. Company and which may include dismissal, detailed statement of a Defendant's X. and (4) acknowledges that the undersigned compliance with this Final Judgment if has been advised and understands that non- Plaintiff determines that such defendant's Jurisdiction is retained by this Court for the compliance with the Final Judgment may also annual compliance statement Incompletely purpose of enabling any of the parties to this result in Conviction for contempt of court and states the steps it has taken to discharge Its Final Judgment to apply to this Court at any imprisonment and/or fine"; duties under this Section VIL time for such further orders or directions as (4) The holding of one or more meetings may be necessary or appropriate for the with them to review the terms of this Final VIII. construction or carrying out of this Final Judgment and the obligations it imposes, with Each defendant shall require. as a Judgment. for the modification of any of the such meetings to be arranged and conducted condition of the sale or other disposition of provisions hereof, for the enforcement of so that each of them attends at least one such all. or substantially all. of the assets used by compliance herewith, and for the punishment meeting within a twelve (12) month period; it in the design, printing, manufacture and of violations hereof. and sale of folding cartons. thit the acquiring XL. (5) The imposition of a requirement that for party agree to be bound by the provisions of a period of five (5) years from the entry of this Final Judgement. and that such This Final Judgment will expire on the this Final Judgment each of them is, subject to agreement be filpd with the Court. twenty-fifth anniversary of its date of entry a legally recognized privilege, to report to or., with respect to any particular provision. Company counsel in writing each on any earlier date specified. communication of the type described in (A) For the purpose of determining or XI. Paragraph IV(B), and not otherwise securing compliance with this Final permissibl& under Section V of this Final Judgment, any duly authorized representative Entry of this Final Judgment is in the public . Judgment, with an officer, director, of the Department of Justice, shall, upon interest. representative or employee of any other written request of the Attorney General or United States District judge Defendant or of any other company which the Assistant Attorney General in charge of manufactures folding cartons. Each of them is the Antitrust Division, and on reasonable United States District Court. Northern District to meet this requirement by completing a- notice to any defendant made to its principal of Illinois. Eastern DiJvisioc written report of each such communication, office, be permitted, subject to legally United States of America. Plaintiff, v. Alton within thirty (30] days of the communication, recognized privilege: Box Board Co.. et al., Defendants. Civil stating the date, time and place of the (1) Reasonable access during the office Action No. 76 C 597. Filed- June 2a 1979 communication, the names of all individuals hours of such Defendant. who may have Competitive Impact Statement who participated in the communication, and counsel present, to inspect and copy those the topics discussed during the parts of the books, ledgers. accounts. This Competitive Impact Statement. communication. Any person required to correspondence, memoranda, and other relating to the proposed FinalJudgment complete reports of communications by this records and documents in the possession or submitted for entry in this case. is filed by the Paragraph and who completes no such under the control of such Defendant relating United States pursuant to Section 2[b) of the reports during any twelve (12) month period to any matters contained in this Final Antitrust Procedures and Penalties Act. 15 must certify that he or she had no Judgment: and U.S.C. § 16(b). All of the defendants have communications of the type described in (2) Subject to the reasonable convenience stipulated their acceptance of the proposed Paragraph IV(B) of this Final Judgment. Each of such Defendant and without restraint or consent judgment submitted for entry-in this Defendant shall include in its annual swom interference from it, to interview officers or civil antitrust proceeding. statement required to be filed by Paragraph employees of such Defendant regarding any I. VII(B) of this Final Judgment, the name and such matters; the officer or employee address of each person, if any, who has failed interviewed and the Defendant each may The Nature and Purpose of the Proceeding to submit a report or certification required by have its own counsel present. The Complaint in this action, filed on this Paragraph during the twelve (12) month (B) A Defendant. upon the written request February 18.1976, alleges that beginning at period preceding the filing of the Defendant's of the Attorney General or the Assistant least as early as 1960 and continuing until swam statement and the reason given or I Attorney General in charge of the Antitrust November, 1974. the defendants and various privilege claimed by each such person for not Division. shall submit such reports in writing. co-conspirators conspired to fix the prices of filing a report or certification. The under oath if requested, with respect to any foldiig cartons. All of the defendants were 4NAqN Federal Re ister / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices MRl70 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices manufacturers of folding cartons during the participated in the R. Harper Brown Project respect to those customers who purchased conspiracy period. Folding cartons are used which was dedicated to the rehabilitation of - custom-priced folding cartons on an order-by- to package a large number of retail products released prisoners. order basis, the folding carton companies including detergents, frozen foods, beverage The three defendants who did not plead exchanged prices to ensure that there would containers, cereals, crackers and flour, among nolo contendere to the criminal charge, be no price-cuttingThus, an existing folding others. Nearly all of the principal domestic Consolidated Packaging Corporation and two carton supplier to an account disclosed Its manufacturers of folding cartons were named individuals, were tried before a jury in current or future prices to the customer to as defendants in this case and defendants' January, 1977. In its verdict, the jury other folding carton manufacturers with the sales in 1973 totalled approximately one convicted Consolidated and acquitted the understanding that its competitors would billion dollars. individuals. Consolidated's conviction was submit higher or non-competitive prices In the Prayer to its Complaint, the subsequently affirmed by the Seventh Circuit known as "cover." Similarly, with respect to Government asked the Court to find that the Court of Appeals in April, 1978UnitedStates these very large folding carton purchasers defendants had joined in an unlawful v. ConsolidatedPackaging Corporation,575 'which solicited bids from suppliers for a conspiracy in violation of Section 1 of the F.2d 117. Consolidated was initially fined contractual period, the existing supplier of a Sherman Act (15 U.S.C. § 1), to enjoin the $45,000, but in October, 1978, the fine was particular type of carton disclosed its bid for defendants from continuing or renewing the reduced by approximately $5,500, an amount the forthcoming contractual period to conspiracy, and to require the defendants to equal to taxable costs of prosecution competitors with the understanding that the file reports of certain communications with previously awarded to the Government. competitors would submit non-competitive, . In addition "cover" bids. In other manufacturers of folding cartons. to the civil injunction case and these ways the conspiracy On the same day that the Government filed the criminal case, the Government also filed described in the Complaint affected the its Complaint in this proceeding, an an action against the' corporate defendants in pricing of tens of thousands of transactions in Indictment was returned by a federal grand May, 1976, which alleged that-the the folding carton industry. In terms of the jury in Chicago, charging the same price- Government was entitled to recover damages amount of commerce directly affected, *the fixing offense against the corporate resulting from the conspiracy and that the number of companies and executives who defendants named in the Complaint and fifty Government was entitled to forfeitures participated, and its duration, the price-fixing executives employed by the defendants. One resulting from the filing of false claims by conspiracy alleged in the Complaint is as corporation named as a defendant in the defendants. Following discovery in its serious as any prosecuted during the firot Indictment, Michigan Carton Company, was damage case, the Government was able to eighty-six years of the Sherman Act, merged into St. Regis Paper Company. and prove approximately $8 million in direct III. was not made a defendant in the folding carton purchases from defendants Government's Complaint. Seventy of the during the conspiracy period. In November, Explanation of the Proposed Consent seventy-three defendants in the criminal case 1978, the Government received $275,000 as a Judgment pleaded nolo contendere to the charges in the settlement of its damage action, and the The proposed Final judgment contains two Indictment. The disposition of these • damage action was dismissed. All of the principal forms of relief. First, the defendants defendants' pleas was transferred from Judge defendants contributed to the settlement are enjoined from -repeating the behavior Thomas R. McMillen to Chief Judge James B. fund. which characterized the folding carton Parsons. Chief Judge Parsons accepted all of Weyerhaeuser Corporation and Fibreboard conspiracy and from certain other conduct the offered nolo pleas, over the Government's Corporation are no longer in the folding constituting a per se violation of Section 1 of objections, in July, 1976, and initially carton business. The proposed Final the Sherman Act. Second, the proposed Final sentenced all of the corporate defendants Judgment will be applicable to Weyerhaeuser the' Judgment places affirmative burdens on who pleaded nolo to the maximum $50,000 and Fibreboard should they re-enter defendants to pursue a compliance program fine then provided for by Section One of the folding carton business. directed toward avoiding a repetition of the Sherman Act. In September and October of Entry by.the Court of the proposed Final folding carton price-fixing conspiracy. 1976, Chief Judge Parsons reduced the $50,000 Judgement will terminate this litigation. The fines imposed on fourteen of the corporate Court will retain jurisdiction for possible A. ProhibitedConduct defendants to the following: Brown Company, future proceedings which might be required Section IV(A) of the proposed Final $45,000: Burd & Fletcher Company, $40,000; F. to interpret, modify or enforce the proposed judgment restrains the defendants from N. Burt Company, Inc., $30,000 Champion provisions of the Final Judgment. agreeing with any other folding carton International Corporation, $30,000; EasTex II. manufacturers to fix prices, to allocate Packaging Corporation, $25,000; Federal customers or accounts, to submit non- Paper Board Company, $45,000; The A. L. The Nature of the Alleged Violation competitive bids or to refrain from bidding, Garber Company, Inc., $35,000; Interstate Folding cartons manufactured and sold by Section IV(B) restrains each defendant from Folding Box Company, $30,000; The Mead the defendants are generally designed and communicating to other folding carton Corporation, $30,000; Michigan Carton printed abcording to specifications set by manufacturers the most recent price charged Company, $45,000; Potlatch Corporation, 'customers. As a result, most folding carton to a customer or a future price to be $40,000; Rexham Corporation, $30,000; St. business is sold on a custom-priced basis. submitted to a customer. Section IV(C) Regis Paper Company, $25,000; and Exceptions to this are some commodity-type enjoins the defendants from distributing price Weyerhaeuser Company, $35,000. On cartons, such as certain unprinted cartons lists to other folding carton manufacturers, November 30, 1976, Chief Judge Parsons used to package frozen foods. Major carton sentenced the fotty-seven individual purchasers include soap and detergent B. Defendants- Affirmative Obligations defendants who had pleaded nalo companies, bakeries, food processors, Section VII requires that each defendant contendere. All of the individuals were fined, breweries and soft drink bottlers. The folding adopt or pursue for ten years, except where a seventeen were placed on probation, one carton manufacturers named as defendants different time limit is specified, an affirmative received a ninety-day suspended jail term in the Complaint, together, account for well compliance program directed toward Insuring and fifteen individuals were sentenced to jail over half of all folding carton sales and that folding carton employees comply with terms ranging from five days to sixty days for represent nearly all competitors for high- the antitrust laws. Each defendant must R. Harper Brown, President of Container volume, rapidly-printed, folding carton annually distribute the Final Judgment and Its Corporation of America, the largest folding business. written antitrust compliance program to all carton company. In February, 1977, Chief The Complaint describes i price-fixing employees who have folding carton Judge Parsons reduced the jail terms of all of conspiracy that operated in several ways. management, pricing or sales responsibility' the individual defendants initially sentenced First, with respect to commodity-type and hold annual meetings with these to jail and vubstantially reduced the cartons, such as unprinted, frozen food employees to review the terms and sentences of individual defendants who .cartons, competitors agreed on changes in the obJfgations of the decree. These employees agreed to participate in community service list prices prior to the time new price lists mlist annually certify that: they have read programs. At least five individual defendants were circulated to customers. Second, with and understand the Final Judgment and their Federal Registerv i / Vol. 44, No. 134 / Wednesday, Julyi 11, 1979 / Notices 40o"7nIllll II

company's antitrust compliance program: Judgment will prevent price collusion among the Government's response to them will be they realize that their failure to comply with the defendants in the sale of folding cartons. filed with the Court and published in the the Final Judgment may place them in Federal Register. The Government will contempt of court- and they realize that their IV. evaluate all such comments to determine failure to 6omply with the Final Judgment or Remedies Available to Private Plantiffs whether there is any reason for vithdrawal of its coasent to the proposed judgment. to obey their company's compliance program Any potential private plaintlff who might will result in appropriate disciplinary have been damaged by the facts constituting VL measures taken by their employer. the alleged violation will retain the same Additionally, Subsection VII[A](5) requires, right under Section 4 of the Clayton Act. 15 Alternatives to the Proposed Consent Judgment for a five-year period that employees with U.S.C. § 16. to sue for monetary damages and folding carton managment, pricing or sales any other legal and equitable rcmedies that This proceeding does not involve any responsibility must file written reports with they would have had were the proposed unusual or novel issues of fact or law which company counsel of all communications with Consent Judgment not entered. However. might make litigation against the consenting other folding carton manufacturers during pursuant to Section 5(a) of the Clayton Act defendants a more desirable alternative than which present or future prices to a customer (15 U.S.C. § 161A)), as amended, this entry of this Consent Judgnent. The only were discussed. Any employee who files no Judgment may not be used as prima facia relief requested in the Complaint which is not reports during any twelve-month period must evidence in private litigation. The United substantially included in the terms of the certify that he had no communications of the States also intends that this settlement wilt proposcd Final Judgment are a prayer type required to be reported. Section VIICB] not affect prh ate suits which are already in requiring defendants to review at inte-vals also requires each defendant to file each year the courts relating to the transactions specified by the Court the prices. terms and for a period of ten years with the plaintiff and covered by the instant case. conditions of each of it folding carton the Court. a sworn statement setting forth all Following the return of the Indictment in accounts, a prayer applying the injunction the steps it has taken during the preceding the following carton criminal case and the against price communications to all year to discharge its obligations under filing of the Government's Complaint In this defendants' product lines and not just folding Section VII of the Judgment Finally, under proceeding, scores of private, treble-damage cartons. and a prayer requiring the reporting Section IX of the Judgment. the Justice actions were filed in federal courts of price communications with competitiors Department will have access, upon - throughout the United States. The private .itb respect to all product lines and nat just reasonable notice, to the defendants' records cases were consolidated In the United States folding cartons. and personnel in order to determine the District Court for the Northern District of In view of the numerous accounts defendants' compliance with the Judgment. Illinois, Eastern Division. as In Be Folding maintained by each defendant and the C. Scope of the ProposedJudgment CartonAntitrust Litigation, ML ZZ& The manner in which folding cartons are usually Court in the private litigation has certified a custom-priced, the Department of Justice 1. Persons Boundby the Decree class for class action litigation purposes. In concluded that a periodic review of all The proposed Judgment expressly provides addition to damage claims pursued by the accounts by defendants would be unduly in Section IMlthat its provisions apply to all class, a number of private plaintiffs have burdensome and that such relief is not defendants and to each of their officers. determined to pursue their claims separate necessary in this litigation. directors, agents, and employees, from the class action. The Department conducted lengthy subsidiaries, successors and assigns and to negotiations with defendants as to whether all other persons who.receive actual All purchasers of folding cartons from. notice of defendants should havo been notified of the the proposed decree should apply to all the terms of the Judgment. pendency of the class action by product lines or just folding cartons. The In addition, Section VI of the Judgment representatives of the class. As of this date. Department believed that the decree should prohibits any defendant from selling or the private damage actions are in pretrial cover all product lines since a number of transferring all, or substantially all, of its defendants appeared to be antitrust assets used in its folding discovery, although most of the defendants carton business, have settled with plaintiffs in the class recidivists and since the folding carton unless the acquiring party files with the Court action. Proposed class action settlements conspiracy pervaded many levels of its consent to be bound by the provisions of aggregate approximately S.100 million. not management among the defendants, Including the Judgment. including interest, as of June, 1979. some employees with responsibility for other 2. Ceographic'Coverageof the Decree. product lines. The defendants opposed The provisions of the proposed Judgment v. having the Consent Decree apply to their apply to actions or transactions within the other product lines since antitrust judgments United States. its territories and possessions. Procedures Available for Modification of the Proposed Consent Judgment are customarily limited to the product line but not to activities outside the United States that is the subject of the litigation, many which do not affect the commerce of the The proposed Final Judgiment Is subject to defendants were f st-time, antitrust criminal United States. a stipulation betw:een the Government and offenders, and applying the decree to all 3. Durationof the Judgment the defendants which provides that the product lines would involve defendants in a Section XI provides that the Judgment will Government may withdraw its consent to the massive and costly compliance program. expire on the twenty-fifth anniversary of its proposed Judgment any time before the Court During negotiations, the Department of entry. As explained above, certain other has found that entry of the proposed justice abandoned its efforts to have the provisions in the Judgment will terminate Judgment is in the public interest. By its decree apply to all product lines because of earlier. terms, the proposed Judgment provides for the defendants' opposition. b2caus litigang the Court's retention of jurisdiction of this this matter In a case involving tventy-two D. Effect of the Proposedludgmenton action in order to permit any of the parties to Competition corporate defendants would consune inuch apply to the Court for such orders as may be of the Department's resources. because of the The prohibition terms of Section IV of the necessary or appropriate for the modification possibility that the Court would not order ths Judgment are designed to ensure that the of the Final Judgment. relief even if the Government prevailed in a defendants will act independently in As provided by the Antitrust Procedures trial, and becaus2 the defendants abandoned determining the prices, terms and conditions and Penalties Act (15 U.S.C. 16). any perzon their initial opposition to a requirement that at which they vill sell or offer to sell folding wishing to comment upon the proposed employees must report in writing folding cartons. The affirmative obligations of Judgment may, for a sixty-day period carton price communications with other Section VII are directed toward reminding subsequent to the publishing of this document folding carton manufacturers. the defendant's employees of their in the Federal Register. submit written In other respects, the Judgment provides obligations under the decree in order to avoid comments to the United States Department of the relief which was requested in the a repetition of behavior that occurred in the Justice, Attention Gerald A. Connell. Chief. Complaint. Consequently, it is the foldingcarton industry during the conspiracy General Litigation Section. Antitrust Divislon. Department's view that disposition of the period. Compliance with the proposed Washington. D.C. 2053D. Such comments and matter without further litigation is 40572 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40572 appropriate since the proposed Decree Natural Resources Division, Department result of a merger with and into Kanob provides the form and scope of relief equal to of Justice. Sdrvices, Inc., on February 28,1979, that which the Department might have Sanford Sagalldn, For a more detailed statement of the obtained in a litigated judgment. Acting AssistantAttorney General,Land and information presented, all persons are VII. NaturalResourcesDivision. referred to said application which is on [FR Doc. 79-21394 Filed 7-10-79; 845 am] file in the offices of the Commission at Determinative Documents. BILUNG CODE 4410-01-M- 1100 L Street, NW., Washington, D.C. No materials and documents of the type 20549. described in Section (b) of the Antitrust Notice is further given that any Procedures and Penalties Act (15 U.S.C. NATIONAL COMMISSION ON AIR interested person not later than July 24, 16(b)) were considered in formulating this QUALITY 1979 may submit to the Commission in proposed Judgment. writing his views or any substantial Dated: June 28, 1979. Meeting facts bearing on this application or the D. Bruce Pearson, The National Commission on Air desirability of a hearing thereon. Any Attorney, United States Departmentof Quality hereby gives notice of a meeting such communication or request should Justice,Antitrust Division, Washington, D.C. scheduled for Monday, August 6, 1979. be addressed: Secretary, Securities and 20530 Telephone (202) 724-6468 The meeting will be held in Room 4200 Exchange Commission, 1100 L Street, [FR Doc. 79-21395 Filed 7-10-7, 8:45 am] of the Dirksen Senate Office Building, N.W., Washington, D.C. 20549, and should state briefly the nature of the BILUNG CODE 4410-O1-M located at First Street, N.E. and Constitution Avenue, Washington, D.C., interest of the person submitting such and will begin at 9:00 a.m. information or requesting the hearing, Office of the Attorney General The agenda will include the following the reason for such request, and the items: issues of fact and law raised by the United States v. The Town of 1. Approval of the minutes of the June application which he desires to Bernalillo; Notice of Proposed Consent 22, 1979, Commission meeting. controvert. At any time after said date, Decree In Action-to Enjoin Discharges 2. Consideration and approval of an order granting the application may be of Water Pollutants budget allocations for the Commission's issued upon request or upon the Plan of Study. Commission's own motion. In accordance with Departmental After approval of the minutes of the For the Commission, by the Division of Policy, 28 CFR 50.7, 38 FR 19029, notice June 22 meeting, it is anticipated that the Corporation Finance, pursuant to delegated is hereby given that on June 26, 1979, a Commission will consider going into an authority. proposed consent decree in United. executive session' closed to the public to George, A. Fitzsimmons, States v. The Town of Bernalillo,was consider specific budget allocations for Secretary. lodged with the United States District individual contract studies and [FR Doe. 79-21406 Filed 7-10-79; 8:45 aml Court for the District of New Mexico. qualifications of individual contractors. BILLING CODE 8010-01-M The proposed decree would require The Questions about the meeting should Town of Bernalillo to construct a new be directed to Mr. Morris A. Ward at wastewater treatment plant which will' (202) 245-6355. (File No. 81-523; Administrative Proceeding attain the required operational level as National Commission on Air Quality. File No. 3-57591 certified by its NPDES permit. William H. lewis, Jr., Bangor Punta International Capital Co.; The Department of Justice will receive Director. on or before Agust 10, 1979, vritten Application and Opportunity for comments relating to the proposed July 5, 1979 Hearing [FR Doec.79-21315 Filed judgment. Comments should be 7-10-79; 8:45 am] June 27, 1979. BILLING CODE 6820-98-M addressed to the Assistant Attorney Notice is hereby given that Bangor General of the Land and Natural Punta International Capital Company Resources Division, Department of SECURITIES AND EXCHANGE (the "Applicant") has filed an Justice, Washington, D.C. 20530, and COMMISSION application pursuant to Section 12(h) of refer to UnitedStates v. The Town of the Securities Exchange Act of 1934, as Bernalillo, D. J. Ref. 90-5-1-1-1079. [Administrative Proceeding File No. 3-5752; amended, (the "1934 Act"), seeking an IThe proposed consent decree may be 81-502] exemption from the reporting examined at the office of the United requirements of Section 13 of that Act. Southwestern Group Financial, Inc.; States Attorney, United States The Application states in part: 1. The Application and Opportunity for Applicant is a wholly-owned subsidiary Courthouse, 500 Gold Avenue, SW., Hearing Albuquerque, New Mexico, 87103, at the of Bangor Punta Corporation ("Bangor Region VI office of the Environmental June 27, 1979. Punta"). Protection Agency, 1201 Elm Street, Notice is hereby given that 2. Bangor Punta is subject to the Dallas, Texas 75270, and at the Pollution Southwestern Group Financial, Inc. (the reporting provisions of Section 13 of the Control Section, Land and Natural "Applicant"), has filed an application 1934 Act. Resources Division, Department of pursuant to Section 12(h) of the 3. The Applicant has only one class of Justice (Room 2625), Ninth Street and Securities Exchange Act of 1934, as securities registered under the 1934 Act, Pennsylvania Avenue, N.W., amended (the "1934 Act"), for an order its 5V/% Guraranteed Convertible Washington, D.C. 20530. A copy of the exempting the Applicant from the Debentures Due 1988 (the proposed consent decree may be provisions of Sections 13 and 15(d) of "Debentures"). the 1934 Act. obtained in person or by mail from the 4. Bangor Punta holds all outstanding Pollution Control Section, Land and The Applicant states that it has no securities of the Applicant except the securities owned by the public as the Debentures. Federal Reister / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40573

5.Bangor Punta has unconditionally SMALL BUSINESS ADMINISTRATION Edwards Capital Corporation. pursuant guaranteed the payment of the to Section 301(c) of the Small Business Debentures. [Lcense No. 08/08-0047] Investment Act of 1938. as amended. 6.The Debentures are convertible into Davis Whittle Co4 Issuance of a Small (Catalo3 of Federal Domestic Asoistane Common Stock of Bangor Punta. Business Investment Company Pro gam No. 59.011. Small B,-nSaZ Accordingly, the Applicant believes License Investment Compmi]s. that the requested exemption is Dated: June 2a.197 . On May*24,1979, a notice was Peter F. McNeish, appropriate, in the public interest, and published in the Federal Register (44 FR consistent with the protection of Actin2 Assoiate Adi~nistratafarFitce 30184) stating that an application has ,zrdlavo,1menL investors and the purposes fairly been filed by The Davis Whittle IF. "3-21{I37Ma F 1 7-1 4-. &43 c=1 intended by the policy and provisions of Company, 850 Arapahoe Street, Boulder, BXNO CODE r52-01-U the 1934 Act. Colorado 80302, with the Small Business For a more detailed statement of the Administration (SBA) pursuant to information presented, all persons are § 107.102 of the Regulations governing Region V Advisory Counci Executive referred to the application which is on small business investment companies Board; Public Meeting file in the offices of the Commission at (13 CFR 107.102(1978)) for a license as a 1100 L Street, N.W., Washington, D.C. small business investment company. The Small Business Administration Region V Advisory Council Executive 20549. any Interested parties were given until Notice is further given that close of business June 8,1979, to submit Board will hold a public meeting at 9:30 interested person not later than July 24, their comments to SBA. No comments a.m. to Noon on Wednesday, August 8. 1979 may submit to the Commission in were received. 1979, in Suite 1220, Dirksen Federal writing his views or any substantial Notice is hereby given that, pursuant Building. 219 South Dearborn Stree. facts bearing on this application or the to Section 301(c) of the Small Business Chicago. Illinois, to discuss such desirability of a hearing thereon. Any Investment Act of 1958, as amended, business as may be presented by after having considered the application members, staff of the Small Business such communication orxequest should Administration, or others attending. be addressed to: Secretary, Securities and all other pertinent information, SBA and Exchange Commission, 500 North issued License No. 08/08-0047 on June For further information, write or call 28,1979, to The Davis Whittle Company, Donna R. Harrigan, Regional Capitol Street, N.W., Washington, D.C. Administrator, U.S. Small Business 20549, and should state briefly the to operate as a small business investment company. Administration, 219 South Dearborn nature of the interest of the person Street. Chicago, Illinois 6064--[312) submitting such information or (Catalog of Federal Domestic Assittance requesting the hearing, the reasons for Program No. 59.011, Small Business 353-0357. such request, and the issues of fact and Investment Companies) Dated: July 6, 197. law raised by the application which he Dated: July 5,1979. K Drew, desires to controvert Persons who Peter F. McNeish, DaputyAdvcatef orAdvisory Cc uzi request a hearing or advice as to Acting Associate AdministratorforFinance [FR Doc 9-4 Ed 7-19-M &-45am] whether a hearing is ordered will andInvestment. B:LLwI CoOE a0S-" receive any notices or orders issued in [FR D,-7,9-,q2 ,3Filed 7-10,-, &45a1 this matter, including the date of the BILUNG COOE 5025 1i-M hearing fif ordered) and any DEPARTMENT OF STATE postponements thereof. At any time after that date, an order granting the [Ucense No. 02/02-03661 [Public Notice CM-81204] application in whole or in part may be Edwards Capital Corp., Issuance of a Study Group I of the U.S. Organization issued upon request or upon the License To Operate as a Small Commission's own motion. for the International Telegraph and Business Investment Company Telephone Consultative Committee For the Commission, by the Division of (CCITT); Notice of Meeting Corporation Finance, pursuant to delegated On March 29, 1979, a Notice was authority., published in the Federal Register (44 FR The Department of State announces 18127) stating that Edwards Capital that Study Group I of the U.S. George A. Fitzsimmons, Corporation, I Park Avenue, Room 19-1, Organization for the International Secretary; New York, New York 10016, had filed an Telegraph and Telephone Consultative Service List application with the Small Business Committee (CCITT) will meet on July 25, Administration pursuant to Section 1979 at 10:00 am. in Room 511 of the. Mr. John J.Martin, Bangor Punta 107.102 of the SBA Rules and Federal Communications Commission. International Capital Company, One Regulations governing small business Greenwich Plaza, Greenwich. Connecticut 1919 M Street. NAV., Washington, D.C. investment companies (13 CFR 107.102 This Study Group deals with U.S. 06830. (1978)), for a license to operate as a Mr. David H. Street. Bangor Punta Government regulatory aspects of Corporation, One Greenwich Plaza, small business investment company intematiofial telegraph and telephone Greenwich, Connecticut 06830. (SBC). operations and tariffs. Ms. Linda J. Grant. Bangor Punta Interested parties were given until the The Study Group will discuss International Capital Company, One close of business April 10,1979, to international telecommunications Greenwich Plaza, Greenwich, Connecticut submit their comments. No comments questions relating to telegraph, telex. 05830. were received. data transmission and leased channel [FR Doc. 79-21404 Fiked 7-10-79 845 am Notice is hereby given that, having services in order to develop U.S. BILLING CODE 8010-01-M considered the application and all other positions to be taken at international pertinent information, SBA on June 22. CCITT meetings. This meeting will also 1979, issued License No. 02/02-0366 to discuss the relationships between the 40574 Federal Register / Vol. 44, No. 134 '/ Wednesday, July 11, 1979 / Notices

CCITT activities and other international Investment Survey Act of 1976 (Pub. L. Commission's Rules of Practice. [49 CFR groups. 94-473). 1100.247(d)]. We believe good cause has Members of the general public may Pub. L. 94-473 requires the collection been shown for accepting the proposed attend the meeting and join in the and analysis of data relating to amendment. After filing of the discussion subject to instructions of the international investment and its effect application, a change in owership of the Chairman. Admittance of public upon the national security, commerce, supporting shipper occurred. This members will be limited to the seating employement, inflation, general welfare, change in ownership has substantially available. and foreign policy of the United States. altered the nature of the shipper's need Requests for further information The Secretary of the Treasury is for transportation services. In these should be directed to Richard H. responsible for collecting the required circumstances, the proposed Howarth, State Department, data on foreign portfolio investment in amendment, including its broadening Washington, D.C. 20520, telephone (202] the United States and for making a aspects, will be accepted. The evidence 632-1007. survey of United States portfolio supports a finding-of need for the Dated: July 2,1979. investment abroad. Section 8(a) of Pub. proposed operations. Richard H. Howarth, L. 94-473 requires that the Secretary Because the service for which a need secure balanced, Chairman,US. CCITT National Committee. diverse, and has been shown exceeds the scope of responsible views from qualified the authority sought, as published in the [FR Doc. 79-213W9 Filed 7-10-79; 8:45 am] persons representing business, BILUNG CODE 4710-07-M Federal Register (43 FR 29239, July 0, organized labor, and the academic 1978, issuance of a certificate will be community in carrying out these withheld for a period of 30 days functions. This committee is being DEPARTMENT OF THE TREASURY following publication in the Federal established to satisfy this requirement. Register of a notice of the Fiscal Service Membership will consist of service authorized here. During the 30- knowledgeable representatives from the day period any person not a party to this Excessive Profits and Refunds; business, organized labor and academic proceeding may file petition to Renegotiation Board Interest Rate communities. intervene, or for other appropriate relle, Questions or comments relating to the The Renegotiation Board previously setting forth with particularity how It published the rate establishment and functions of this has been prejudiced by the failure of the of interest determined committee should be addressed to Mr. by the Secretary of the Treasury prior publication to give notice to the pursuant to section George Miller, Executive Assistant to extent of the service authorization. 105(b)(2) of the the Assistant Secretary (Economic Renegotiation'Act of 1951, as amended. Policy), We find The present and future Since the Department of Treasury, 15th public convenience and necessity Renegotiation Board is no and Pennsylvania Avenue, NW., longer in existence, the Department of require operation by applicant, the Treasury, Washington, D.C. 20220 (phone: 202- for the interim, will 566-2757). performing the services described in the publish the current rate of interest for appendix. Applicant is fit, willing, and excessive profits and refunds. Daniel H. Brill, able to properly perform the granted Therefore, notice is hereby given that, AssistantSecretary (Economic Policy). service and to conform to the pursuant to section 105(b)(2) of the [FR Doec.79-21372 Filed 7-10-79; 8:45 am] requirements of Title 49, Subtitle IV, Renegotiation Act of 1951, as amendea, BILWNG CODE 4810-25-U U.S. Code, and the Commission's (50 U.S.C. App. 1215(b)(2)) the Secretary regulations. Subject to the special of the Treasury has determined that the INTERSTATE COMMERCE condition set forth in the appendix, an rate of interest applicable, for the appropriate certificate should be purposes of said section 105(b)(2) and COMMISSION granted. This-decision does not section 108 of such Act, to the period significantly affect the quality of the beginning July 1, 1979 and ending on [No. MC-115826 (Sub-No. 318) F] human environment. December 31,1979, is 10/ per centurn It is ordered:Applicant's proposed per annum. W. J. Digby, Inc., Extension-Boulder amendment is accepted. Foodstuffs (Denver, CO) Dated: July 3,1979. The application is granted to the Paul Taylor, Decided: June 18,1979. extent set forth in the appendix, FiscalAssistantSecretary. Applicant has filed an application Operations may begin only following [FR Doe. 79-21329 Filed 7-10-79; 8:45 am] seeking a certificate of public the service of a certificate which will be BILUNG CODE 4810-25-M convenience and necessity authorizing issued, subject to the condition set forth operations substantially as described in in the appendix, if applicant complies the appendix. with the following requirements set forth Office of the Secretary The amended application has been considered under the modified in the Code of Federal Regulations: Foreign Portfolio Investment Survey - procedure. No one opposes the insurance (49 CFR 1043), designation of Advisory Committee; Establishment application. process agent (49 CFR 1044), and tariffs The proposed amendment (49 CFR 1310).- July 5, 1979. significantly broadens the application in In accordance with the provisions of By the Commission, Review Board Number some respects, while narrowing it in 2, Members Boyle, Eaton, and Liberman. the Federal Advisory Committee Act other respects. Excepts for good cause H. G. Homme, Jr., and appropriate Treasury regulations, shown, amendments to applications the Secretary of the Treasury has which. broaden the scope of the Secretary. approved, with GSA/OMfl concurrence, proposed operations will not be allowed Appendix the establishment of an advisory if tendered after notice of the filing of Authority to conduct the following committee to provide assistance and the application has been published in advice under the International operations will be issued in an appropriate the Federal Register, Rule 247(d) of the document. This decision does not constitute Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 405575

To operate as a common carrier,&y motor scope of the application either (a) for problems (e.g., unresolved common vehicle, in interstate or foreign commerce. those supporting the application, or, (b) control, unrsolved fitness questions, over irregular routes, transporting foodstuffs where the service is not limited to the and jurisdictional problems) we find. (except in bulk. in tank vehicles), from the facilities of particular shippers. from and facilities of Central Packing Co., at or near Dreliminarily. that each common carrier Boulder and Denver, CO. to points in the to, or between, any of the involved applicant has demonstrated that its United States (except Alaska. Colorado, and points. proposed service is required by the Hawaii), restricted to the transportation of Persons unable to intervene under present and future public convenience traffic originating at the named origin Rule 247 (k) may file a petition for leave and necessity, and that each contract facilities. to intervene under Rule 247 (1)setting carrier applicant qualifies as a contract Special Condition: Issuance of a certificate forth the specific grounds upon which it carrier in this proceeding shall be withheld for a and its proposed contract carrier is made, including a detailed statement service will be consistent with the period of 30 days from the date of publication of petitioner's interest, the particular in the Federal Register of a notice of the public interest and the transportation authority actually granted in this decision. facts, matters, and things relied upon, policy of 49 including the extent, if any, to which U.S.C. § 10101. Each [FR Doc. 79-21418 Filed 7-10-79; 8:45 am] applicant is fit, willing and able properly BILLING CODE 7035-01-M petitioner (a) has solicited the traffic or business of those supporting the to perform the service proposed and to application, or, (b) where the identity of conform to the requirements of Title 49, Fourth Section Application for Relief those supporting the application is not Subtitle IV, United States Code. and the included in the published application Commission's regulations. Except where July 6,1979. notice, has solicited traffic or business specifically noted, this decision is This application for long-and-short- identical to any part of that sought by neither a major Federal action haul relief has been filed with the LC.C. applicant within the affected significantly affecting the quality of the Protests are due at the I.C.C. on or marketplace the extent to which human environment nor a major before July 26, 1979. FSA 43715, Sea- petitioner's interest will be represented regulatory action under the Energy Land Service, Inc., No. 106, intermodal by other parties, the extent to which Policy and Conservation Act of 1975. rates on general commodities in petitioner's participation may In those proceedings containing a containers from ports in the Far East to reasonably be expected to assist in the statement or note that dual operations rail carrier's terminal at Mobile, Ala., by development of a sound record, and the are or may be involved we find. way of rail-ocean interchange points on extent to which participation by the preliminarily and in the absence of the the United States Pacific Coast, in its petitioner would broaden the issues or issue being raised by a petitioner, that Tariff ICC SEAU 311 and six other delay the proceeding. the proposed dual operations are tariffs, effective July 25,1979. Grounds Petitions not in reasonable for relief-water competition. consistent with the public interest and compliance with the requirements of the the transportation policy of 49 U.S.C By the Commission. rules may be rejected. An original and § 10101 subject to the right of the H1 G. Homme, Jr., - one copy of the petition to intervene Commission, which is expressly shall be filed Secretary. with the Commission, and reserved, to a copy shall be served concurrently impose such terms, [FR Doc. 79-21419 Fited7-0-7R.455am] conditions or limitations as it finds BILING CODE 7035-0141 upon applicant's representative, or upon applicant if no representative is named. necessary to insure that applicant's Section 247(o) provides, in part, that operations shall conform to the provisions of 49 U.S.C. § 10930(a) [Volume No.67] an applicant which does not intend to timely prosecute it application shall [formerly section 210 of the Interstate Permanent Authority Decisions promptly request that it be dismissed. Commerce Act]. Decision-Notice and that failure to prosecute an In the absence of legally sufficient application petitions fo'r intervention, filed on or Decidecd May 24,1979. under the procedures of the Commission will result in its dismissal. before August 10. 1979 (or, If the The following applications.-filed on or If an applicant has introduced rates as application later becomes unopposed), after March 1,1979, are governed by an issue it is noted. Upon request, an appropriate authority will be issued to Special Rule 247 of the Commission's applicant must provide a copy of the each applicant (except those with duly Rules of Practice(49 CFR 1100. 247). tentative rate schedule to any noted problems) upon compliance with These rules provide, among other things, protestant. certain requirements which will be set that a petition for intervention, either in Further processing steps will be by forth in a notification of effectiveness of support of or in opposition to the Commission notice, decision, or letter the decision-notice. To the extent that granting of an application, must be filed which will be served on each party of the authority sought below may with the Commission within 30 days record. Broadeningamendments will not duplicate an applicant's after the date notice of the application is other authority, be accepted after the date of this such duplication shall be construed as published in the Federal Register. publication. Protests (such as were allowed to filings conferring only a single operating right Any authority granted may reflect Applicants prior to March 1, 1979) will be rejected. administrative acceptable restrictive must comply with all A petition for intervention without leave amendments to the service proposed specific conditions set forth in the grant must comply with Rule 247 (k) which below. Some of the applications may or grants of authority within 90 days requires petitioner to demonstrate that it have been modified to conform to the after the service of the notification of (1) holds operating authority permitting Commission's policy of simplifying the effectiveness of this decision-notice, - performance of any of the service which grants of operating authority. or the application of a non-complying the applicant seeks authority to perform, applicant shall stand denied. (2) has the necessary equipment and Findings facilities for performing that service, and With the-exception of those [3) has performed service within the applications involving duly noted 40576 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

By th6 Commission, Review Board Number transporting generalcommodities of Continental Diversified Industries, 1, Members Carleton, Joyce, and Jones. (except those of unusual value, classes Bondware Division, at or near H. G. Homme, Jr., A and B explosives, household goods as Shelbyville, IL, to points in KY, MI, PA, Secretary. defined by the Commission, and WI, restricted to the transportation MC 381 (Sub-18F1, filed March 1, 1979. commodities in bulk, those requiring of.traffic originating at the named origin. Applicant: GENOVA EXPRESS LINES, special equipment, ammunition, and (Hearing site: Chicago, IL.) INC., P.O. Box 136, Williamstown, NJ parts of ammunition], serving the MC 52460 (Sub-236F), filed March 7, 08094. Representative: George A. Olsen, facilities of Columbus Mills, at or near 1979. Applicant: ELLEX P.O. Box 357, Gladstone, NJ 07934. To Columbus, GA, as an off-route point in TRANSPORTATION, INC., 1420 W. 35th operate as a common carrier,Iby motor. connection with applicant's otherwise St., P.O. Box 9637, Tulsa, OK 74107. vehicle, in interstate or foreign authorized regular-route operations. Representative: Wilburn L. Williamson, commerce, over irregular routes, (Hearing site: Columbus, GA, or Suite 615-East, The Oil Center, 2601 transporting non-ferrous metals, and Washington, DC.) Northwest Expressway, Oklahoma City, materials,equipment, and supplies used MC 35320 (Sub-223F, filed March 1, OK 73112. To operate as a common in the manufacture and distribution of, 1979. Applicant: T.I.M.E.-DC, INC., P.O. carrier,by motor vehicle, in interstate or non-ferrous metals (except in dump Box 2550, Lubbock, TX 79408. foreign commerce, over irregular routes, vehicles], between the facilities of Representative: Kenneth G. Thomas transporting meat, meat products and Colonial Metals Co., at or near (same address as applicant). To operate meat byproducts, and articles Columbia, PA, on the one hand, and, on as a common carrier,by motor vehicle, distributedby meat-packinghouses, as the other, points in the United States in interstate or foreign commbrce, described in sections A and C of (except AK and HI), restricted to the transporting general commodities Appendix I to the report in Descriptions transportation of traffic originating at (except those of usual value, classes A in Motor CarrierCertificates, 61 M.C.C. the named origin and destined to the and B 6xplosives, househbld goods as 209 and 766 (except hides and indicated destinations. (Hearing site: defined by the Commission, commodities in bulk], from the facilities Philadelphia, PA, or Washington, DC.) commodities in bulk, those requiring of MBPXL Corporation, at or near Dodge MC 12940 (Sub-411, filed March 6, special equipment, ammunition, and City, KS, to points in AL, AR, CO, FL, 1979. Applicant: DOUGLAS & BESS, parts of ammunition, serving the GA, LA, MS, MO, NC, NM, OK, and SC, INC., Box 238, Statesville, NC 28677. facilities of Plantation Fashions, at or restricted to the transportation of traffic Representative: Charles Ephraim, Suite near Jackson, GA, as an off-routepoint originating at the named origin, (Hearing 600, 1250 Connecticut Ave., N.W., in connection with applicant's otherwise site: Dallas, TX.] Washington, DC 20036. To operate authorized regular-route as a operations. MC 108121 (Sub-15F), filed March 1, common car-ier,by motor vehicle, in (Hearing site: Atlanta, GA, or 1979. Applicant: TRANSPORT interstate or foreign commerce, Washington, DC.) over. STORAGE & DISTRIBUTING CO., a irregular routes, transporting feed and MC 48441 (Sub-37F, filed March 6, feed Corporation, 18800 Southcenter ingredients (except commodities in 1979. Applicant: R.M.E. INC., P.O. Box Parkway, Tukwila, bulk), from Decatur, IL, to points in NC, WA 98188. 418, Streator, IL 61364. Representative: Representative: Michael B. Crutcher, under continuing contract(s) with A. E. E. Stephen Heisley, 805 McLachlen Staley Manufacturing Bank 2000 IBM Bldg., Seattle, WA 98101. To Company, of Bldg., 666 Eleventh St., NW., Decatur, operate as a common carrier,by motor IL. (Hearing site: Charlotte, Washington, DC 20001. To operate as a NC.) vehicle, in interstate or foreign common carrier,by motor vehicle, in commerce, over irregular routes, MC 35320 (Sub-22113, filed March 1, interstate or foreign commerce, over transporting automobiles and trucks, in 1979. Applicant: T.I.M.E.-DC, INC., P.O. irregular routes, transporting (1) secondary movements, in truckaway Box 2550, Lubbock, TX 79408. containers and containerclosures, and service, between points In ID, OR, MT, Representative: Kenneth G. Thomas (2) materials,equipment, and supplies and WA. NOTE: The persons or persons (same address as applicant). To operate used in the manufacture and distribution who appear to be engaged in common as a common carrier,by motor vehicle, of the commodities named in (1) above, control must either file an application in interstate orforeign commerce, *(except commodities in bulk], (a) under 49 U.S.C. § 11343(a) formerly transporting generalcommodities between Oak Creek, WI, on the one Section 5(2) of the Interstate Commerce (except those of unusual value, classes hand, and, on the other, points in MO Act, or submit an affidavit indicating A and B explosives, household goods as and KY, and (b) between La Porte, IN, why such approval is unnecessary. defined by the Commission, . on the one hand, and, on the other, Condition: Issuance of a Certificate in commodities in bulk, those requiring points in KY,.OH, and MO. (Hearing this proceeding shall cancel Certificate special equipment, ammunition, and site: Chicago, IL.) No. MC-108121, issued September 22, parts of ammunition), serving the MC 48441 (Sub-38F filed March 1975. (Hearing site: Spokane, WA, or facilities of Hoyne Industries, Inc., at or 6, 1979. Applicant: R.M.E. INC., P.O. Box Butte, MT.) near McDonough, GA, and Greenwood, 418, Streator, IL 61364. Representative: MS, as off-route points in connection MC 111401 (Sub-549F), filed March 5, E. Stephen-Heisley, 805 McLachlen Bank with applicant's otherwise authorized 1979. Applicant: GROENDYKE Bldg., 666 Eleventh St., NW., regular-route operations. (Hearing site: TRANSPORT, INC., P.O. Box 632, 2510 Washington, DC 20001. To Atlanta, GA, or Washington, DC.) operate as a Rock Island Blvd., Enid, OK 73701. common carrier,by motor vehicle, in Representative: Victor R. Comstock MC 35320 (Sub-222F), filed March 1, interstate or foreign commerce, over (same address as applicant). To operate '1979. Applicant: T.I.M.E.-DC, INC., P.O. irregular routes, transporting (1) paper as a common carrier,by motor vehicle, Box 2550, Lubbock, TX 79408. articlesand plastic articles, and (2) in interstate qr foreign commerce, over Representative: Kenneth G. Thomas ,materialsand supplies used in the Irregular routes, transporting petroleum (same address as applicant]. To operate manufacture and distribution of the and petroleumproducts, in bulk, (a] as a common carrier,by motor vehicle, commodities in (1) above, (except from Kansas City, to in interstate KS, points In SC, or foreign commerce, commodities inbulk), from the facilities UT, and WY, and (b] from Oklahoma Federal Re~ister / Vol. 44, No. 134 I Wednesday, July 11, 1979 / Notices407 40577 Federal Register I Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices City, OK, to points in NC and SC. Reid, P.O. Box 8335, Fort Worth, TX 209 and 760 (except hides and (Hearing site: Kansas City, KS. or 76112. To operate as a common carrier, commodities in bulk. in tank vehicles]. Oklahoma City, OK.) by motor vehicle, in interstate or foreign between the facilities of Del Pero- Mondon Meat Co., at or near Booneville. filed March 6. commerce, over irregular routes, MC 112801 (Sub-224F), AR, on the one hand. and. on the other. 1979. Applicant: TRANSPORT SERVICE transporting (1) margarine,shortening. saladoil, bacon bits, powderdmilk, points in AR, CT DE, IA. IL, IN, KS, KY, CO., a Corporation, 15 Salt Creek Lane, MA. MD. MI. MN, MO, NE. NJ. NY, ND, E. and butter, from Fort Worth, TX, to Hinsdale, IL 60521. Representative: OH, OK, PA. RI. SD. TX, VA. WV, VI. Bank points in CO, NM, and OK. and (2) Stephen Heisley, 805 McLachlen and DC, restricted to the transportation Eleventh St., NW. - materials,equipment, and supplies used Bldg., 666 of traffic originating at or destined to the To operate as a in the manufacture and distribution of Washington, DC 20001. named facilities. (Hearing site: Wichita, common carrier,by motor vehicle, in the commodities named in (1) above, in site: KS.) interstate or foreign commerce, over the reverse direction. (Hearing irregular routes, transporting liquid Dallas or Fort Worth. TX.) MC 125470 (Sub-45F], filed March 1, chemicals, in bulk, in tank vehicles, MC 118130 (Sub-104F}, filed March 7. 1979. Applicant: MOORE'S TRANSFER. from Plaquemine. LA.to points in the 1979. Applicant: SOUTH EASTERN INC., P.O. Box 1151. Norfolk. NE 68701. United States (except AK and HI). XPRESS, INC., P.O. Box 6985, Fort Representative: Lavern R. Holdeman. (Hearing site: New Orleans, LA, or Worth, TX 76115. Representative: Billy 521 South 14th St., Suite 500, P.O. Box Washington, DC.) R. Reid, P.O. Box 8335, Fort Worth, TX 81849, Lincoln, NE 6801. To operate as IMC 112801 (Sub-225F), filed March 6, 76112. To operate as a common carrier, a common carrier,by motor vehicle, in interstate or foreign commerce, over 1979. Applicant- TRANSPORT SERVICE by motor vehicle, in interstate or foreign CO., a Corporation, 15 Salt Creek Lane, commerce, over irregular routes, irregular routes, transporting sa/t and products, from Hutchinson, KS, to Hinsdale, IL 60521. Representative: E. transporting bakerygoods (except salt IL, and WL Stephen Heisley, 805 McLachlen Bank frozen), from Valdosta, GA, to points in points in ND, SD, MN, (Hearing site: Norfolk or Lincoln. NE.) Bldg., 666 Eleventh St, NW, LA. (Hearing site: Dallas, TX. or Atlanta, Washington, DC 20001. To operate as a GA.) MC 128030 (Sub-121F, filed March 1. common carrier,by motor vehicle, in MC 119641 (Sub-16OF), filed March 8. 1979. Applicant: THE STOUT interstate or foreign commerce, over 1979. Applicant*RINGLE EXPRESS, TRUCKING CO., INC., P.O. Box 177, irregular routes, transporting chemicals, INC., 450 East Ninth SL. Fowler, IN Urbana, IL 61801. Representative: James in bulk, in tank vehicles, between the 47944. Representative: Alki E. Scopelitis, R. Madler, 120 W. Madison St., Chicago, facilitils of Dow Chemical U.S.A., in 1301 Merchants Plaza, Indianapolis, IN IL 60602. To operate as a common Brazoria County, TX, on the one hand, 46204. To operate as a common carrier, carrier,ininterstate or foreign and, on the other, points in the United by motor vehicle, in interstate or foreign commerce, over irregular routes. States (except AK and HI). (Hearing commerce, over irregular routes. transporting (1) amusement equipment site: Houston or Dallas, TX.) transporting plywood and composition and sports equipment, and (2) materials, MC 112801 (Sub-226F), filed March 6, board,from Cuthbert, GA, to points in equipment. andsuppliesused in the 1979. Applicant: TRANSPORT SERVICE IA. IL, IN. KY, MI, MN, MO, NE, ND, NY, manufacture and distribution of the CO., a Corporation, 15 Salt Creek Land, OH, PA, SD, and WL (Hearing site: commodities named in (1) above. Hinsdale, IL 60521. Representative: E. Indianapolis, IN, or Chicago. IL] between Champaign, L, on the one Stephen Heisley, 805 McLachlen Bank MC 119641 (Sub-161F), filed March 7. hand, and, on the other, points in the Bldg., 666 Eleventh St., NW, 1979. Applicant- RINGLE EXPRESS, United States (except AK and HI.) Washington, DC 20001. To operate as a INC., 450 East Ninth St., Fowler, IN MC 135691 (Sub-27F1, filed March 6, common carrier,by motor vehicle, in 47944. Representative: Alki E. Scopelitis, 1979. Applicant: DALLAS CARRIERS interstate or foreign commerce, over 1301 Merchants Plaza, Indianapolis, IN CORP., 3610 Garden Brook Drive. Box irregular routes, transporting chemicals, 46204. To operate as a common carrier, 340080, Dallas, TX 75234. in bulk, from Kalamazoo, MI, to points by motor vehicle, in interstate or foreign Representative: J. Max Harding, P.O. in the United States (except AK and HI). commerce, over irregular routes, Box 82028. Lincoln. NE 68501. To operate (Hearing site: Chicago, IL) transporting iron and steel articles,from as a contractcarrier, by motor vehicle, MC 112801 (Sub-227F), filed March 6, points in Georgetown County. SC, to in interstate or foreign commerce, over 1979. Applicant: TRANSPORT SERVICE points in IA. IL, IN. KS, KY, MI. MN. irregular routes, transporting sugar. CO., a Corporation, 15 Salt Creek Lane, MO, NE, ND. NY. OH. PA. SD, and WL citricacid, and xylitol. (except Hinsdale, IL 60521. Representative: . (Hearing site: Indianapolis, IN. or commodities in bulk), from the facilities Stephen Heisley, 805 McLachlen Bank ,Chicago, IL.) of Hoffmann-LaRoche, Inc., at or near Bldg., 666 Eleventh St., NW, MC 119741 (Sub-151F], filed March 5. Belvidere, Nutley, and Branchburg, NJ, Washington, DC 20001. To operate as a 1979. Applicant- GREEN FIELD to Salisbury, MD. Decatur, GA. Dallas common carrier,by motor vehicle, in TRANSPORT COMPANY, INC., 1515 and Fort Worth. TX, and points in CA. interstate or foreign commerce, over Third Ave., N.W., P.O. Box 1235, Fort IA, IL, IN, MI. MO. NC, NE. OH, and irregular routes, transporting liquid Dodge, IA 50501. Representative: D. L VA. under continuing contract(s) with chemicals, in bulk, in tank vehicles, Robson (same address as applicant). To Hoffmann-LaRoche. Inc.. of Nutley, NJ. from the facilities of Dow Chemical operate as a common carrier,by motor (Hearing site: Dallas, TX.) U.S.A., at Channahon, IL, to those points vehicle, in interstate or foreign MC 135861 (Sub-37F}. filed March 7, in the United States on and east of U.S. commerce, over irregular routes. 1979. Applicant: USA MOTOR LINES, Hwy 85. (Hearing site: Chicago, IL, or transporting meats, meat products and INC., P.O. Box 4550. Fort Worth, TX Cleveland, OH.) meat byproducts,and articles 76106. Representative: Billy R. Reid, P.O. MC 118130 (Sub-103F), filed March 5, distributedby meat-packing houses, as Box 8335, Fort Worth, TX 76112. To 1979. Applicant: SOUTH EASTERN described in sections A and C of operate as a contractcarrier, by motor XPRESS, INC., P.O. Box 6985, Fort Appendix I to the report In Descriptions vehicle, in interstate or foreign Worth. TX 76115. Representive: Billy . in Motor CarrierCertificates, 61 M.C.C. commerce, over irregular routes, Federal P-euister / Vol. 44, No. 134 ] Wednesday, July 11, 1979 / Notices Anr~7n Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices North Plankinton Ave., Milwaukee, WI transporting tea, from points in NY and MC 140601 (Sub-1lF), filed March 6, 1979. Applicant: BILLY FRANK, d.b.a. 53203. To operate as a common carrier, NJ, to points in CA and TX, under by motor vehicle, in interstate or foreign continuing contract(s) with Eastern Tea FRANK BROS., 349 Abbott Ave., Hillsboro, TX 76645. Representative: commerce, over irregular routes, Corporation, of Brooklyn, NY. (Hearing transporting buses, in intial movements, site: Dallas, TX.} Charles E. Munson, 500 West Sixteenth St., P.O. Box 1945, Austin, TX 78767. To in driveaway service, from Roswell, NM, MC 135861 (Sub-38F), filed March 7, operate as a contractcarrier, by motor to points in the United States (including 1979. Applicant: LISA MOTOR LINES, vehicle, in interstate or foreign AK, but excluding HI). (Hearing site: INC., P.O. Box 4550, Fort Worth, TX commerce, over irregular routes, Milwaukee, WI). 76106. Representative: BillyR. Reid, P.O. transporting iron and steel articles,from MC 145760 (Sub-4F), filed March 5, Box 8335, Fort Worth, TX 76112. To the facilities of Nucor Steel, Div. of 1979. Applicant: JOHNSON operate as a contract carrier,by motor Nucor Corporation, at or near Jewett, TRANSPORTATION, CO., a vehicle, in interstate or foreign TX, to points in AL, AR, AZ, CA, CO, Corporation, 1327 Highway 13 North, commerce, over irregular routes, FL, GA, KS, KY, LA, MO, MS, NC, NE, Columbia, MS 39439. Representative: transporting meats, meat products and NM, NV, OK, SC, TN, TX, and UT, and Fred W. Johnson, Jr., 1500 Deposit meat byproducts, and articles (2) mdterials,equipment, and supplies Guaranty Plaza, P.O. Box 22628, distributedby meat-packinghouses, as used in the manufacture and distribution Jackson, MS 39205. To operate as a described in sections A and C of of iron and steel articles, (except common carrier,by motor vehicle, in Appendix I to the report in Descriptions commodities in bulk), in the reverse interstate or foreign commerce, over in Motor CarrierCertificates, 61 M.C.C. direction, under continuing contract(s) irregular routes, transporting brick and 209 and 766 (except hides and with Nucor Steel, Div. of Nucor tile, from Plant City, FL, to points in AL, commodities in bulk), from the facilities Corporation, of Jewett, TX. (Hearing AR, CO, GA. IL, IN, KS, KY, LA, Ml, of MBPXL Corporation, at or near Dodge site: Dallas, TX.) MO, MS, NM, NC, OH, OK, SC, TN, TX, City, KS, to points in the United States MC 142601 (Sub-IF), filed March 1, VA, and WV. (Hearing site: Tampa, FL, (except AK and HI), under continuing or Jackson, MS.) contract(s) with MBPXL Corporation, of 1979. Applicant: CECO TRANSPORT, Wichita, KS. (Hearing site: Dallas, TX, INC., 5601 West 26th St. Chicago, IL MC 145821 (Sub-IF), filed March 5, or Kansas City, MO). 60650. Representative: Daniel C. 1979. Applicant: THURMOND Sullivan, 10 South LaSalle St., Suite BENNETT TRUCKING, INC., P.O. Box MC 136511 (Sub-31F), filed March 1, 1600, Chicago, 1I 60603. To operate as a 628, Sparta, NC 28675. Repres'entative: 1979. Applicant: VIRGINIA contract carrier,by motor vehicle, in Francis J. Ortman, 7101 Wisconsin Ave., APPALACHIAN LUMBER interstate or foreign commerce, over Suite 605, Washington, DC 20014. To CORPORATION, 9640 Timberlake Road, irregular routes, transporting (1) doors operate as a contract carrier,by motor Lynchburg, VA 24502. Representative: E. and door frames, (2) parts,attachments, vehicle, in interstate or foreign Stephen Heisley, 805 McLachlen Bank and accessoriesfor doors and door commerce, over irregular routes, Bldg., 666 Eleventh St., N.W., frames, and (3) materials, equipment, transporting newfurniture,front the Washington, DC 20001. To operate as a and supplies used in the manufacture, facilities of Coleman Furniture common carrier,by motor vehicle, in installation, and distribution of the VA, to points In over Corporation, at Pulaski, interstate or foreign commerce, commodities named in (1) and (2) above, AZ, CA, ID, MT, NM, NV, OR, UT, and irregular routes, transporting (1) (except commodities in bulk), between WA, under continuing contract(s) with confectionery, from the facilities of R. Marysville, CA, on the one hand, and. Coleman Furniture Corporation, of M. Palmer.Co., at or near W. Reading on the other, points in the United States (Hearing site: Charlotte, in AZ, Pulaski, VA. and Wyomissing, PA, to points (except AK and HI), under continuing NC, or Washington, DC.) CA, CO, GA, ID, NC, NM, NV, OR, UT, contract(s) with the The Ceco TX, and WA, and (2) confectionery and MC 145950 (Sub-7F), filed March 6, Corporation, of Chicago, IL. (Hearing 1979. Applicant: BAYWOOD cough drops, from the facilities of -site: Chicago, IL.) Luden's, Inc., at or near Reading, PA, to TRANSPORT, INC., P.O. Box 2611, points in AL, AZ, CA, CO, GA, ID, LA, MC 143540 (Sub-IlF), filed March 1, Waco, TX 76706. Representative: E, MS, NC, NM, NV, OK, OR, SC, TN, TX, 1979. Applicant: MARINE TRANSPORT Stephen Heisley, 805 McLachlen Bank UT, and WA. (Hearing site: COMPANY, a corporation, 330 Shipyard Bldg., 666 Eleventh St., NW, Philadelphia, PA, or Washington, D.C.)_ Blvd., P.O. Box 2142, Wilmington, NC Washington, DC 20001. To operate as a 28402. Representative: Ralph McDonald, carrier,by motor vehicle, In (Sub-2F), filed March 6, common MC 139171 P.O. Box 2246, Raleigh, NC 27602. To interstate or foreigrf commerce, over 1979. Applicant: CONTROLLED as a contractcarrier, by motor P.O. Box operate irregular routes, transporting laminiated DELIVERY SERVICE, INC., vehicle, in interstate or foreign sheetplastic, from the facilities of 1299, City of Industry, CA 91749. commerce, over irregular routes, Wilsonart, Division of Dart Industries, Representative: Patricia M. Schnegg, transporting bakery ingredients,from TX, to Seattle, 1800 United California Bank Bldg., 707 Inc., at or near Temple, the facilities of Globe Products WA, San Francisco and Los Angeles, Wilshire Blvd., Los Angeles, CA 90017. at or near Clifton, NJ, to carrier,by 'Company, Inc., CA, Denver, CO, Chicago, IL, Detroit To operate as a contract points in AL, AR, FL, GA, LA, MS, NC, and Grand Rapids, MI, Boston, MA, in interstate or foreign motor vehicle, OK, SC, TN, and TX, under continuing New York, NY, Pennsauken, NJ, Atlanta, commerce, over irregular routes, contract(s) with Globe Products Kenyon, MN, Salt Lake supplies, between GA, Miami, FL, transporting hospital Company, Inc., of Clifton, NJ. (Hearing City, UT, and Phoenix, AZ. El Paso, TX, on the one hand, and, on site: Raleigh, NC or Washington, DC.) Note.-Dual operations may be Involved. the other, points in the United States (Hearing site: Dallas, TX.) (except AK and HI), under continuing MC 144201 (Sub-4F), filed March 7, contract(s) with Convertors, Division of 1979. Applicant:-V. M. P. ENTERPRISES, MC 146210 (Sub-2F), filed March 5, American Hospital Supply Corporation, INC., 3006 South 40th St., Milwaukee, 1979. Applicant: MARK IV of El Paso, TX. (Hearing site: Los WI 53215. Representative: William C. MESSENGER, INC., Marron Bldg., 50 Angeles, CA.) Dineen, Suite 412 Empire Bldg., 710 North Franklin Turnpike, Hohokus, NJ oaoo] goo t,,, I vol. 44 No. 134 / Wednesday, Tuly 11, 1979 / Notices 40579 '7Acw, . a cfa I Vol. 44. No. -134 / Wednesday, July 11, 1979 / Notices457 preliminarily and in the absence of the - 07423. Representative: Paul J.Keeler, Commission, and a copy shall be served concurrently upon applicant's issue being raised by a protestant, that P.O. Box 253, South Plainfield. NJ 07080. the proposed dual operations are To operate as a contractcarrier, by representative, or upon applicant if no representative is named. If the protest consistent with the public interest and motor vehicle, in interstate or foreign the transportation policy of 49 U.S.C. commerce, over irregular routes, includes a request for oral hearing, such request shall meet the requirements of § 10101 subject to the right of the transporting computerprintouts, Commission, which is expressly computer terminals, and materials, section 247(e)(4) of the special rules and shall include the certification required in reserved, to impose such conditions as it equipment, and supplies used in the finds necessary to insure that installation and operations of computer that section. On cases filed on or after March 1, applicant's operations shall confrom to terminals, between Rochelle Park. NJ, the provisions of 49 U.S.C. § 10930(a) points in MA. RI, and CT, those points in 1979, petitions for intervention either with or without leave are appropriate. [formerly section 210 of the Interstate PA on and east of U.S. Hwy 15, and Commerce Act]. Greene, Section 247(f) provides, in part, that points in Columbia, Ddtchess, In the absence of legally sufficient Nassau, Orange, Putnam, Rockland, an applicant which does not intend timely to prosecute its application shall protests, filed on or before August 10. Suffolk, Sullivan, Ulster, and later becomes Counties. NY. under promptly request that it be dismissed, 1979 (or, if the application Westchester unopposed), appropriate authority will continuing contract(s) with Xerox and that failure to prosecute an Park, NJ. application under the procedures of the be issued to each applicant (except Computer Services, of Rochelle those with duly noted problems) upon (Hearing site: Newark, NJ, or New York, Commission will result in Its dismissal. If applicant has introduced rates as an compliance with certain requirements NY.) which will be set forth in a notification [F Do=.79-21416 Fled 7-10-7 &45 am) issue it is noted. Upon request an applicant must provide a copy of the of effectiveness of this decision-notice. BLING 7035-01-M CODE tentative rate schedule to any To the extent that the authority sought protestant. below may duplicate an applicant's existing authority, such duplication shall [Volume No. 82] Further processing steps will be by Commission notice, decision, or letter not be construed as conferring more operating right. Permanent Authority Decisions; which will be served on each party of than a single Decision-Notice record. Broadeningamendments will not Applicants must comply with all be accepted offer the date of this specific conditions set forth in the grant Decided: June 8,1979 publication. or grants of authority within 90 days The following applications filed on or Any authority granted may reflect after the service of the notification of before February 28,1979, are governed administratively acceptable restrictive the effectiveness of this decision-notice, by Special Rule 247 of the Commission's amendments to the service proposed or the application of a non-complying Rules of Practice(49 CFR 1100.247). For below. Some of the applications may applicant shall stand denied. applications filed before March 1,1979, have been modified to conform to the By the Commission. Review Board Number these rules provide, among other things, Commission's policy of simplifying 3.Members Parker. Fortier, and Hill. that a protest to the granting of an grants of operating authority. HMG. Homme, Jr., application must be filed with the Findings Sec&etary Commission within 30 days after the date notice of the application is With the exceptions of those MC 65580 (Sub-27F), filed February 26, published in the Federal Register. applications involving duly noted 1979. Applicant- MUSHROOM Failure to file a protest, on or before problems (e.g., unresolved common TRANSPORTATION CO., INC., 845 East August 10,1979, will be considered as a control, unresolved fitness questions. Hunting Park Ave., Philadelphia. PA waiver of opposition to the application. and jurisdictional problems) we find, 19124. Representative: A. David Millner, A protest under these rules should preliminarily, that each common carrier P.O. Box 1409.167 Fairfield Road, comply with Rule 247(e)(3) of the Rules applicant has demonstrated that its Fairfield, NJ 07006. To operate as a of Practice which requires that it set proposed service is required by the common carrier,by motor vehicle, in" forth specifically the grounds upon public convenience and necessity, and interstate or foreign commerce, over which it is made, contain a detailed that each contract carrier applicant regular routes, transporting general statement of protestant's interest in the qualifies as a contract carrier and its commodities (except those of unusual proceeding, (as specifically noted proposed contract carrier service will be value, classes A and B explosives, below), and shall specify with consistent with the public interest and household goods as defined by the particularity the facts, matters, and the transportation policy of 49 U.S.C. Commission, commodities in bulk, and things relied upon. but shall not include § 10101. Each applicant is fit, willing, those requiring special equipment), (1] issues or allegations phrased generally. and able properly to perform the service between Cleveland, OH. and junction A protestant should include a copy of proposed and to conform to the Interstate Hwy 90 and OH-IN State line, the specific portions of its authority requirements of Title 49, Subtitle IV, over Interstate Hwy 90, (2) between which protestant believes to be in United States Code, and the Cleveland. OH. and junction Interstate conflict with that sought in the Commission's regulations. Except where Hwy 71 and OH-KY State line, over application, and describe in detail the specifically noted this decision is neither Interstate Hwy 71, (3) between method-whether by joinder, interline, a major Federal action significantly Cleveland, OH. and junction Interstate or other means-by which protestant affecting the quality of the human Hwy 77 and OH-WV State line, over would use such authority to provide all environment nor a major regulatory Interstate Hwy 77, (4J between Elyria, or part of the service proposed. action under the Energy Policy and OH. and junction Interstate Hwy 80 and Protests not in reasonable compliance Conservation Act of 1975. OH-PA State line, over Interstate Hwy of the rules may In those proceedings containing a 80. (5) between Toledo, OH and OH-KY with the requirements 75 be rejected. The original and one copy statement or note that dual operations State line, (a) over Interstate Hwy of the protest shall.be filed with the are or may be involved we find. and (b) over U.S. Hwy 23, (6) between 40580 Federal Register / Vol. 44, No. 134 / Wednesday, July 11,41979 / Notices I I I junction U.S. Hwy 30 and OH-WV State and those requiring special equipment), 214 Route 130, Cinaminson, NJ 08075, line and junction U.S. Hwy 30 and OH- (c) mining materials,equipment, and Representative: George A. Olsen, P.O. IN State line, over U.S. Hwy 30, (7) supplies, (except commodities in bulk Box 357, Gladstone, NJ 07934. To operate between Cincinnati, OH and junction and those requiring special equipment), as a common carrier,by motor vehicle, U.S. Hwy 50 and OH-WV State line, and (d) roadmachinery, materials, in interstate or foreign commerce, over over U.S. Hwy 50, (8) between equipment and supplies,(except 'irregular routes, transporting (1] Cincinnati, OH, and junction U.S. Hwy commodities in bulk and those requiring powdered iron and powdered iron, 127 and OH-MI State line, over U.S. special equipment), (2] iron andsteel" .byproducts, (A) from the facilities of Hwy 127, (9) between junction U.S. Hwy articles as described in Appendix V to' Hoeganaes Corp, at or near Riverton, NJ. 224 and OH-PA State line and junction the Report in Descriptionsin Motor to points in IA, IL,IN, KY, MI, MS. 014, U.S.,Hwy 224 and OH-IN State line, CarrierCertificates, 61 M.C.C. 209, (3) PA, TN, and WI, and (B) from the over U.S. Hwy 224, (10) between Electric Controller,controller parts, and facilities of Hoeganaes Corp, at or near Cincinnati, OH, and junction U.S. Hwy aircargo containers,between points in Gallatin, TN, to points in IA, IL, IN, KY, 22 and Junction U.S. Hwy 22 and OH- Albemarle, Alleghany Amherst, MI, MS, NJ, OH, PA, and WI; and (2) PA State line, over U.S. Hwy 22, (11) Appomattox, Augusta, Bath, Bedford, between Bland, Botetourt, Buchanan, Campbell, materials,equipment, and supplies used Columbus, OH, and Athens, in the manufhcture and distribution of OH, over U.S. Hwy 33, (12) between Carroll, Clarke, Craig, Culpeper, Bridgeport, OH, and junction Interstate Dickenson, Faquier, Floyd, Franklin, the commodities in (1) above, (except Hwy 70 and OH-IN State line, over Frederick, Giles, Grayson, Greene, commodities in bulk, In tank vehicles), Interstate Hwy 70, (13) between Hailfax, Henry, Highland, Lee, Loudoun, from the destination points in (A) and Cambridge, OH and Bridgeport, OH, Madison, Montgomery, Nelson, Orange, (B) above, to the facilities of floeganaes over U.S. Hwy 40, (14) between Page, Patrick, Pittsylvania, Pulaski, Corp., at or near (a) Riverton, NJ and (b) Cleveland, OH and OH-PA State line, Rappahannock, Roanoke, Rockbridge, Gallatin, TN, restricted to the (a) over Interstate Hwy 90, and (b) over Rockingham, Russell, Scott, transportation of traffic originating at U.S. Hwy 422, (15) betweenAshtabula Shenandoah, Smyth, Taze*ell, Warren. the named-origins and destined to the and Youngstown, OH, over OH Hwy 11, Washington, Wise, and Wythe, VA, on indicated destinations. (Hearing site: and (16) between Pittsburgh, PA and the one hand, and, on the other, points Philadelphia, PA, or Washington, D.C.) junction Interstate Hwy 70 and WV-OH in DE, those points in KY on and east of State line, from Pittsburgh over a line beginning at Covington and Passenger Authority Interstate Hwy 279 to Junction Interstate extending along U.S. Hwy 25 to MC 145000 (Sub-2F), filed February 10, Hwy 79, then over Interstate Hwy 79 to Lexington, KY, then along U.S. Hwy 27 1979. Applicant: MORRIS D. junction Interstate Hwy 70, then over to the KY-TN Stateline, and points in HAMMOND, MD, NJ, NC, OH, PA, and SC, and those d.b.a., MORRIS CAB Interstate Hwy 70 to WV--OH State line, COMPANY, Route 4, Trenton, MO and return over the same route, as an points in TN on and south of a line alternate route for operating beginning at the VA-TN State line and 64683. Representative: Thomas 0. convenience only, and serving all extending west to junction U.S. Hwy 25, Pickett, 924 Main Street, P.O. Box 71, intermediate points and all off-route then along U.S. H'y 25 to the TN-NC Trenton, MO 64683. To operate as a points in OH in (1) through (14) above. State line, and points in WV and DC, common carrier,by motor vehicle, in Conditions: (1) The regular-route restricted in (3) above to the interstate or foreign commerce, over authority granted here shall not be transportation of traffic originating at or irregular routes, transporting severable, by sale or otherwise, from destined to points in Philadelphia, PA, Passengers,between Trenton, MO, applicant's retained pertinent irregular- and Charlottesville, VA, and having a Eldon, Ottumwa, and Des Moines, IA. route authority. (2) Applicant must prior or subsequent movement by air. (Hearing site: Kansas City, MO, or Des request, in writing, the imposition of (Hearing site: Washington, DC; or Moines, IA..) .Roanoke, VA.) restrictions on its underlying irregular- MC 146490F, filed February 26, 1979. route authority precluding service MC 126111 (Sub-9F), filed November 6, Applicant: ORVILLE ANDREWS, d.b.a., between the two points authorized to be 1978, and previously noticed in FR issue KENT LIVERY, Skiff Mountain Road, served here pursuant to regular-route of January 30, 1979. Applicant: Kent, CT 06757. Representative: Grant J, authority. (Hearing site: Pittsburgh, PA.) SCHAETZEL TRUCKING COMPANY, Nelson, P.O. Box 333, Kent, CT 00757. To Note.-The purpose of this application is to INC., 520 Sullivan Drive, Fond du Lac, operate as a common carrier,by motor convert applicant's existing irregular-route WI 54935. Representative: William vehicle, in interstate or foreign authority to regular-route authority. Patrick Dineen, 710 North Plankinton commerce, over irregular routes, Ave., Milwaukee, WI 53203. To operate transporting passengersand MC 68860 (Sub-35F, filed December as a contractcarrier, by motor vehicle, their 21, 1978. Applicant: RUSSELL in interstate or foreign commerce, over baggage in the same vehicle with TRANSFER, INCORPORATED, 5259 irregular routes, transporting sweetened passengers, in special and charter Aviation Drive, NW.,Roanoke, VA condensed milk, from Neenah, WI, to operations, limited to not more than 11 24012. Representative: Liniel G. Gregory, points in GA, IL, PA, TN, and TX, under passengers, not including the driver, (1) Jr. (same address as applicant). To - continuing contract(s) wiM Galloway from Towns of Kent and New Milford, operate as a common carrier,by motor Company, of Neenah, WI. (Hearing site: CT, to points in NY, NJ, MA, RI, VT, and vehicle, in interstate or foreign Milwaukee, WI.) DC, and (2) from points in NY, NJ, MA, commerce, over irregular routes, RI, VT, and DC, to Towns of Kent and transporting 1(a) farm machinery, Note.-This republication shows TN as a New Milford, CT. (Hearing destination State in lieu of site: Hartford materials,equipment, andsupplies, IN. or New Haven, CT.) (except commodities in bulk, and those MC 146901F, filed January 11, 1979. [FR Doc. 79-21417 Filed 7-10-79; 84S aml requiring special equipment), (b) Applicant: INTERLAKE SYSTEMS, INC., BIJLING CODE 70354.1-M constructionmaterials, equipment, and' supplies, (except comniodities in bulk Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40581

[Volume No. 92] Further processing steps will be by To the extent that the authority sought Commission notice, decision, or letter below may duplicate an applicant's Permanent Authority Decisions; which will be served on each party of existing authority, such duplication shall Decision-Notice record. Broadening amendments will not not be construed as conferring more Decided: June 12, 1979. be accepted after the date of this than a single operating right. publication. Applicants must comply with all The following applicafibns filed on or Any authority granted may reflect specific conditions set forth in the grant before February 28,1979, are governed administratively acceptable restrictive or grants of authority within 90 days by Special Rule 247 of the Commission's amendments to the service proposed after the service of the notification of Rules of Practice (49 CFR § 1100.247). below. Some of the applications may the effectiveness of this decision-notice, For applications-filed before March 1, have been modified to conform to the or the application of a non-complying 1979, these rules provide, among other Commission's policy of simplifying applicant shall stand denied. things, that a protest to the granting of grants of operating authority. By the Commission, Review Board Number an application must be filed with the Carleton. Joyce, and Jones. Commission Findings: 1. Members within 30 days after the Homme, Jr., date notice of the application is With the exceptions of those H. G. published in the Federal Register. applications involving duly noted Secretory. Failure to file a protest, on or before problems (e.g., unresolved common MC 146068 (Sub-7F), filed December August 10,1979, will be considered as a control, unresolved fitness questions, 14.1978. Applicant: CONSOLIDATED waiver of opposition to the application. and jurisdictional problems] we find, CARRIERS CORPORATION, 2119 N. A protest under these rules should preliminarily, that each common carrer Davidson Rd., Charlotte. NC 28205. comply with Rule 247(e)(3) of the Rules applicant has demonstrated that its Representative: Eric Meierhoefer, Suite of Pratice which requires that it set forth proposed service is required by the 423,1511 K Street, N.W., Washington, specifically the grounds upon which it is public convenience and necessity, and DC 20005. To operate as a common made, contain-a detailed statement of that each contract carrier applicant corier,by motor vehicle, in interstate or protestant's interest in the proceeding, qualifies as a contract carrier and its foreign commerce, over irregular routes, [as specifically noted below), and shall proposed contract carrier service will be transporting mobile home tires mounted specify with particularity the facts, consistent with the public interest and on wheels, mobile home axles, and tug matters, and things relied upon, but the transportation policy of 49 U.S.C. nuts for mobile home axles, from the shall not include issues or allegations 10101. Each applicant is fit. willing, and facilities of West Coast Mobile Tire Co., phrased generally. A protestant should able properly to perform the service at (a) Takoma, WA, (b) Portland, OR. include a copy of the specific portions of proposed and to conform to the (c) Tucson, AZ, (d) Reno, NV, and (e) its authority which protestant believes requirements of Title 49, Subtitle IV, Lodi, CA, to points in the United States to be in conflict with that sought in the United States Code, and the (except AK and HI). (Hearing site: San application, and describe in detail the Commission's regulations. Except where Francisco, CA.) method-whether by joinder, interline, specifically noted this decision is neither Note.-Dual operations may be involved. or other means-by which protestant a major Federal action significantly MC 147128F, filed December 11, 1978. would use such authority to provide all affecting the quality of the human Applicant: IRISH TRANSPORT, INC., or part of the service proposed. environment nor a major regulatory P.O. Box 741, Dublin, CA 31021. Protests not in reasonable compliance action under the Energy Policy and Representative: Virgil H. Smith. Suite 12, with the requirements of the rules may Conservation Act of 1975. 1587 Phoenix Boulevard, Atlanta, GA be rejected. The original and one copy In those proceedings containing a 30349. To operate as a common carier, of the protest shall be filed with the statement or note that duel operations by motor vehicle, in interstate or foreign Commission, and a copy shall be served are or may be involved we find, commerce, over irregular routes, concurrently upon applicant's preliminarily and in the absence of the transporting (1) newsprint,from Laurens representative, or upon applicant if no issue being raised by a protestant, that County, GA, to points in AL,-FL. GA, representative is named. If the protest the -proposed dual operations are KY, LA, MS. NC, SC, TN. VA. TX, AR, includes a request for oral hearing, such consistent with the public interest and MO, IL IN, OH, WT, MD, PA, OK, and request shall meet the requirementsof the transportation policy of 49 U.S.C. KS, and (2) materials,equipment, and section 247(e)(4) of the special rules and 10101 subject to the right of the supplies used in the manufacture of shall include the certification required in Commission, which is expressly newsprint, in the reverse direction. that section. reserved, to impose such conditions as it (Hearing site: Atlanta, GA.) On cases filed on or finds necessary to insure that [FR V= 7942415 F,4'cl 7-10.-72. &:45 a=] after March 1, applicant's operations shall conform to 1979, petitions for intervention either B!LHG COOE 7035-01-M with the provisions of 49 U.S.C. 10930[a) or without leave are appropriate. [formerly section 210 of the Interstate Section 247(f) provides, in part, that Commerce Act]. [Volume No. 98] an applicant which does not intend In the absence of legally sufficient timely to prosecute its application shall protests, filed on or before August 10, Permanent Authority Decisions; promptly request that it be dismissed, 1979 (or, if the application later becomes Decision-Notice and that failure to prosecute an unopposed), appropriate authority will application under the procedures of the be issued to Decided: June 5,1979. each applicant (except The following applications, Commission will result in its dismissal. those with duly noted problems) upon filed on or If applicant has introduced rates as an compliance with certain requirements after March 1, 1979, are governed by issue it is noted. Upon request an Special Rule 247 of the Commission's which will be set forth In a notification Rules applicant must provide a copy of the of effectiveness of this decision-notice. of Practice(49 CFR 1100.247). tentative rate schedule to any protestant. 40582 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

These rules provide, among other things, tentative rate schedule to any forth in a notification of effectiveness of that a petition for intervention, either in protestant. the decision-notice. To the extent that support of or in opposition to the Further processing steps will be by the authority sought below may granting of an application, must be filed Commission notice, decision, or letter duplicate an applicant's other authority, with the Commission within 30 days which will be served on each party of such duplication shall be construed as after the date notice of the application is record. Broadening amendments will not conferring only a single operating right. published in'the Federal Register. be accepted after the date of this Applicants must comply with all Protests (such as were allowed to filings publication. specific conditions set forth in the grant prior to March 1, 1979) will be rejected. Any authority granted may reflect or giants of authority within go days A petition for intervention without leave administrative acceptable restrictive after the service of the notification of must comply with Rule 247(k) which amendments to the service proposed the effectiveness of this decision-notice, requires petitioner to demonstrate that it below. Some of the applications may or the application of a non-complying (1) holds operating authority permitting have been modified to conform to the applicant shall stand denied. performance of any of the service which Commission's policy of simplifying By the Commission, Review Board Number the applicant seeks authority to perform, grants of operating authority. 3 Members, Parker. Fortier, and Hill. (2) has the necessary equipment and Findings: H. G. Hoinme, Jr., facilities for performing that service, and Secretary. (3) has performed service within the With the exception of those applications involving duly noted MC 2473 (Sub-18F), filed March 20, scope of the application either (a) for 1979. Applicant: BILLINGS TRANSFER those supporting the application, or, (b) problems (e.g., unresolved common control, unresolved fitness questions, CORP., INC., Green Needles Rd., where the service is not limited to the Lexington, facilities of particular shippers, from and and jurisdictional problems) we find, NC 27292. Representative: to, or between, any of the involved preliminarily, that each common carrier Charles Ephraim, Suite 600, 1250 applicant has demonstrated that its Connecticut Ave., NW., Washington, DC points. 20036. To operate as a common carrier, Persons unable to intervene under proposed service is required by the present and future public convenience by motor vehicle, in interstate or foreign Rule 247(k) may file a petition for leave commerce, over irregular routes, to intervene under Rule 247(1) setting and necessity, and that each contract carrier applicant qualifies as a contract transportating floor coverings, and such forth the specific grounds upon which it commodities as are used in the is made, including a detailed statement carrier and its proposed contract carrier service will be consistent with the distributionor installation of floor of petitioner's interest, the particular coverings, from Vails Gate, NY, to facts, matters, and things relied upon, public interest and the transportation policy of 49 U.S.C. 10101. Each applicant points in VA, NC, and SC. (Hearing silto: including the extent, if any, to which Greensboro or Charlotte, NC) petitioner (a) has solicited the traffic or is fit, willing, and able properly to business of those supporting the perform the service proposed and to MC 22182 (Sub-30F), filed March 19, application, or, (b) where the identity of conform to the requirements of Title 49, 1979. Applicant: NU-CAR CARRIERS, those supporting the application is not Subtitle IV, United States Code, and the INC., 950 Haverford Road, Bryn Mawr, included in the published application Commission's regulations. Except where PA 19380. Representative: Gerald K. notice, has solicited traffic or business specifically noted, this decision is Gimmel, Suite 145, 4 Professional Drive, identical to any part of that sought by neither'a major Federal action. Gaithersburg, MD 20760. To operate as a applicant significantly affecting the quality of the common carrier,by motor vehicle, In within the affected interstate marketplace the extent to which human environment nor a major or foreign commerce, over petitioner's interest will be represented regulatory action under the Energy irregular routes, transporting by other parties, the extent to which Policy and Conservation Act of 1975. automobiles and trucks, in truckaway In those proceedings containing a service, in initial movements, (1) from petitioner's participation may , the facilities reasonably be expected to assist in the statement or note that dual operations of Ford Motor Company at development are or may be involved we find, Lorain, OH, to points in DE, IL, IN, MD, of a sound record, and the the Lower extent to which participation .by the preliminarily and in the absencd of the Peninsula of MI, NJ, NY, and petitioner would broaden the issues or issue being raised by a petitioner, that PA, and (2) from the facilities of Ford delay the proceeding. the proposed dual operations are Motor Company at Atlanta, GA, to consistent with the public interest and points in OH on and north of U.S. Hwy Petitions not in reasonable the transportation policy of 49 U.S.C. 40. (Hearing site: Philadelphia, PA or compliance with the requirements of the 10101 Washington, DC) rules may be rejected. subject to the right of the An original and Commission, which is expressly one copy of the petition to intervene MC 30032 (Sub-6F), filed March 22, reserved, to impose such terms, 1979. Applicant: CRANE shall be filed with the Commission, and conditions or limitations as it finds a copy shall be served concurrently TRANSPORTATION LINES, LTD., 1011 necessary to insure that applicant's South Laramie Avenue, Chicago, IL upon applicant's representative, or upon operations shall conform to the applicant if no representative is named. 60644. Representative: Hubert Grane, Jr., provisions of 49 U.S.C. 10930(a) (same address as applicant). To operate Section 247(1) provides, in part, that [formerly section 210 of the Interstate as a common carrier,by motor vehicle, an applicant which does not intend to Commerce Act]. in interstate or foreign commerce, over timely prosecute its application shall In the absence of legally sufficient irregular routes, transporting general promptly request that it be dismissed, petitions for intervention, filed on or commodities (except those of unusual and that failure to prosecute an before August 10, 1979 (or, if the value, household goods as defined by application under the procedures of the application later becomes unopposed), the Commission, motor vehicles, Commission will result in its dismissal. appropriate authority will be issued to commodities in bulk, and those requiring If an application has introduced rates each applicant (except those with duly special equipment), (1J from Chicago, IL, as an issue it is noted. Upon requests, an noted problems) upon compliance with to St. Louis, MO, and points in IN, IA, applicant must provide a cqpy of the certain requirements which will be'set KY, MI, MN, OH, and WI, restricted to -~~•,_ ~ .. • ~~r ,, x- -2A I W edlnesdlay uly 11, 1979 / Notices 40583 IFeulera megistr 1 vo . -- 1, 0~. . -~-.- Kegts[er / vm. , ='qu. ,,= I ...... ,.. j #--.y --. --- . " l:etteral by motor vehicle, in bulk), from the facilities of DewEze of traffic having a a common carrier, Manufacturing. Inc., at or near Harper. the transportation interstate or foreign commerce, over movement by rail, and (2) from St. KS, to points in the United States prior irregular routes, transporting petroleum Louis, MO, and points in IN, IA, KY, MI. (except AK and HI). (Hearing site: lubricatingoils and grease,(except MN, OH, and WI to Chicago, IL, Kansas City, MO] commodities in bulk), from the facilities restricted to (a) the transportation of March 15. of Pennzoil Co., at or near Maryland MC 61592 (Sub-445F), filed traffic having a subsequent movement TRUCK LINE, Heights, MO. to points in AR, CO. KS, 1979. Applicant: JENKINS by rail, (b) the transportation of traffic Jeffersonville, IN LA, MS, NE., NM, OK. TN. TX, and WY, INC., P.O. Box 697, not having a subsequent movement by E. A. DeVine, restricted to the transportation of traffic 47130. Representative: .rail in mixed loads with traffic in (a), IL 61265. To originating at the named origin and P.O. Box 737, Moline, and (c) the transportation of traffic a common carrier by motor destined to the indicated destinations. operate as moving in substitute rail service. interstate or foreign (Hearing site: Kansas City, MO) vehicle, in (Hearing site: Seattle, WA). commerce, over irregular routes. March 19, Note.-To the extent the certificate granted MC 61592 (Sub-434F), filed transporting (1) tractors(except those in this proceeding authorizes the 1979. Applicant: JENKINS TRUCK LINE, with vehicle beds, bed frames, and fifth transportation of class A and B explosives, it INC., P.O. Box 697, Jeffersonville. IN wheels). (2) equipment designed for use will expire 5 years from the date of issuance. 47130. Representative: F. A. DeVine, in conjunction with tractors,(3) P.O. Box 737, Moline, IL 61265. To MC 31462 (Sub-26F), filed March 26, agricultural,industrial, and construction operate as a common carrier,by motor for the 1979. Applicant: PARAMOUNT equipment, and (4) attachments vehicle, in interstate or foreign from INC., 3164 Springfield Road, commodities in (2) and (3) above, MOVERS, commerce, over irregular routes, 75146. Representative: Burlington, IA, to points in AR, LA. and Lancaster, TX transporting (1) air compressorsand 1000 Connecticut MS. (Hearing site: Chicago, L) Robert J. Gallagher, rotarydrills, (2) parts for the NW., Suite 1200, Washington, (Sub-15F), filed March 28, Avenue, commodities in (1) above, and (3) MC 80653 To operate as a common DAVID GRAHAM DC 20036. materials,equipment. and supplies used 1979. Applicant carrier,by motor vehicle, in interstate or a corporation, P.O. Box 254, the manufacture of the commodities COMPANY, commerce, over irregular routes, in PA 19059. Representative: foreign in (1) and (2) above, (except Levittown, householdgoods, (1) Washington Bldg., transporting in bulk), between Franklin Paul F. Sullivan, 711 in AL, AR, CO, CT, DE, commodities DC 20005. To operate as a between points (Venango County), PA. on the one hand. Washington, IN, IA, KS, KY, LA, ME, MD, by motor vehicle, in FL, GA, IL, and, on the other, points in the United common carrier, MI, MN, MS, MO, MT, NE, NH, NJ, or foreign commerce, over MA, States (including AK, but excluding HI). interstate ND, OH, OK, PA, RI, SC, transporting iron and NM, NY, NC, (Hearing site: Washington. DC) irregular routes, SD, TN, TX, VT, VA, WV, WI, and DC, steel articles,from Dover, OH, and the 23, and (2) between points named in (1) MC 61592 (Sub-439F). filed March facilities of Cyclops Corp., Empire- above, on the one hand, and, on the 1979. Applicant: JENKINS TRUCK LINE, Detroit Steel Division. at Mansfield, OH, IN other, points in WA, ID, OR, CA. UT, INC., P.O. Box 697, Jeffersonville. to points in MA, CT, RI, NY, NJ, PA. MD. NV, AZ, and MT. (Hearing site: 47130. Representative: E. A. DeVine, DE, VA, NC, and DC. (hearing site: Lancaster or Dallas, TX). P.O. Box 737, Moline, IL 61265. To Washington. DC.] carrier,by motor (Sub-87F), filed March 19, operate as a common filed March 27, MC 47583 vehicle, in interstate or foreign MC 82063 (Sub-103F), 1979. Applicant: TOLLIE KUIPSCH HAULING commerce, over irregular routes, 1979. Applicant: FREIGHTWAYS, INC., 1020 Sunshine a corporation. 10795 Watson Rd., transporting (1) iron and steel articles, CO., Road, Kansas City, KS 66115. Hills, MO 63127. Representative: from Huntington, WV, to points in IL, IN, Sunset Representative: D. S. Hults, P.O. Box Stephen Heisley, 805 McLachlen Bank and NC; and (2) iron castings,slagpots, E. 225, Lawrence, KS 66044. To operate as St., NW, Washington, DC ingot molds,pipe, pipe couplings, Bldg., 666 11th a common carrier,by motor vehicle, in as a common carrier, andrough forgings, from points 20001. To operate or foreign commerce, over nipples, or foreign interstate County, WV, to points in the by motor vehicle, in interstate transporting (1) paper in Ohio routes, irregular routes, States (except AK and HI). commerce, over irregular and (2) equipment, United in bulk, in andpaper products, (Hearing site: Pittsburgh, PA) transporting liquid chemicals, materialsand supplies used in the tank vehicles, from Chicago, IL, to points manufacture and distribution of the MC 61592 (Sub-440F), filed March 27, in AR. KS, LA. MO, MS. OK, 1X and commodities in (1) above, (except 1979. Applicant: JENKINS TRUCK LINE, TN. (Hearing site: St. Louis, MO, or commodities in bulk, and those which INC., P.O. Box 697, Jeffersonville. IN Chicago, IL.) weight require the use 47130. Representative: E. A. DeVine, because of size or MC 107002 (Sub-546F), filed March 23, between the P.O. Box 737, Moline, IL 61265. To of special equipment), 1979. Applicant- MILLER Paper operate as a common carrier,by motor facilities of Fort Howard INC., P.O. Box 1123, near Green Bay, WI, on vehicle, in interstate or foreign TRANSPORTERS. Company, at or Jackson. MS 39205. Representative: John the other, points commerce, over irregular routes, the one hand, and, on J..Borth, P.. Box 8573, Battlefield AR. CA, CO, CT. DE, FL, GA, transporting (1) cattle feeders. liquid in AL, AZ, Station, Jackson, MS 39204. To operate KY. LA, ME, MD, MA, feed tanks, pickup racks,forrowing ID, IL, IN, IA, KS, as a common carrier,by motor vehicle, MO. NE, NV, NH, NJ, NY, crates,anchor bolts, andfabricated MI, MN, MS. interstate or foreign commerce, over SC. SD, steelproducts,from the facilities of in NC, ND, OH, OK, OR, PA. RI, routes, transporting (1] WV, and DC. & Confinement Systems, Inc, d/b/ irregular TN, TX, UT, VT, VA, WA, Grain in bulk, in tank vehicles, (a] DC) a/Apache Enterprises, at or near chemicals, (Hearing site: Washington Bay Minette, LeMoyne, and Norfolk, NE, to points in CO. IA, KS, from MC 47583 (Sub-92F), filed March 28, Mobile, AL, to points in CT, DE. MD, MN, MO, MT. ND, SD, and WY; and (2) 1979. Applicant: TOLLIE NJ. NY, PA, RI. VT, and VA, and (b) agriculturalmachinery, parts for MA. FREIGHTWAYS, INC., 1020 Sunshine AL to points in CA. and agriculturalmachinery, and supplies from McIntosh. Road, Kansas City, KS 66115. (2) liquid chemicals,vegetable oils, in the distributionof agricultural Representative: D. S. Hults, P.O. Box used products,naval stores, and (except commodities in vegetable oil 225, Lawrence, KS 66044. To operate as machinery, 40584 Federal Register /'Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices • mm . .... I I

naval stores products,in bulk, in tank commerce, over irregular routes, IA, ND, SD, NE, KS, OK, and DC. vehicles, from Hattiesburg, MS, to points transporting such commodities as are (Hearing site: Washington, DC.) in CA, CO, 13E, NJ, NY, PA, and VA. dealt in or used by manufacturers or MC 116132 (Sub-OF), filed March 23, NOTE: Applicant's stated purpose is to dealers of agriculturalequipment, 1979. Applicant: NATIONAL TANK substitute single-line service for interline industrialequipment, andlawn and .TRUCK DELIVERY, INC., 85 E. Gay St., service. (Hearing site: Mobile, AL, or leisure products, (except commodities in Columbus, OH 43215. Representative: Jackson, MS.) - bulk), between the facilities of Earl N. Merwin (same address as MC 107002 (Sub-547F), filed March 23, International Harvester Company, at applicant). To operate as a common 1979. Applicant: MILLER Canton, East Moline, Moline, and Rock carrier,by motor vehicle, in interstate or TRANSPORTERS, INC., P.O. Box 1123, -Island, IL, on the one hand, and, on the foreign commerce, over Irregular routes, Jackson, MS 39205. Representative: John other, points in CO, ID, KS, MO, NE, NV, transporting such commodities as are J. Berth, P.O. Box 8573, Battlefield UT, and WY, restricted to the dealt in or used by manufacturersor Station, Jackson, MS 39204. To operate transportation of traffic originating at or dealers of agriculturalequipment, as a common carrier,by motor vehicle, destined to the facilities of International industrialequipment, and motor in interstate or foreign commerce, over Harvester Company, at Canton, East vehicles, (except commodities In bulk), irregular routes, transporting petroleum M61ine, Moline, and. Rock Island, IL between the facilities of International products,in bulk, in tank vehicles, from (Hearing site: Chicago, IL, or Harvester Company, at points In IN and West Memphis, AR, to points in KY, MS, Washington, DC.) OH, on the one hand, and, on the other, and TN. (Hearing site: Memphis, TN.) MC 114273 (Sub-578F), filed March 23, points in IN, KY, MI, and OH, under MC 107012 (Sub-353F), filed March 21, 1979. Applicant: CRST, INC., P.O. Box continuing contract(s) with International 1979. Applicant: NORTH AMERICAN 68, Cedar Rapids, IA 52406. Harvester Company, of Chicago, IL, VAN LINES, INC., 5001 U.S. Hwy 30 Representative: Kenneth L Core (same (Hearing site: Columbus, O, or West, P.O. Box 988, Fort Wayne, IN address as applicant).To operate as a Chicago, IL.) 46801. Representative: David D. Bishop, common carrier,by motor vehicle, in MC 116763 (Sub-500F), filed March 23, (same address as applicant). To operate interstate or foreign commerce, over 1979. Applicant: CARL SUBLER as a common carrier,by motor vehicle, irregular routes, transporting iron and TRUCKING, INC., North West St,, in interstate or foreign commerce, over steel shot, from Detroit, MI, Buffalo, NY, Versailles, OH 45380. Representative: H, irregular routes, transporting such and Toledo, OH, to points in IA, IL, KS, M. Richters (same address as applichnit). commodities (a) as are dealt in by MO, MN, NE, and WI. (Hearing Site: To operate as a common carrier,by restaurants and (b) as are used in the Chicago, IL, or Washington, DC.) motor vehicle, in interstate or foreign construction and operation of commerce, over irregular routes, MC 114273 restaurants, (except commodities in bulk (Sub-579F), filed March 23, transporting clay and clay products 1979. Applicant: CRST, INC., and commodities the transportation of P.O. Box (except commodities in bulk), from the which because of size or weight requires 68, Cedar Rapids, IA 52406. facilities of Oil-Dri Corporation of Representative: the use of special equipment), between Kenneth L. Core (same America, at or near Ochlocknee, GA, to points in the United States (except AK address as applicant). To operate as a points in IL, IN, and OH, restricted to and HI), restricted to the transportation common carrier,by motor vehicle, in the transportation of traffic originating of traffic originating at or destined to the interstate or foreign commerce, over at the named origin and destined to the facilities of Franchise Service, Inc. irregular routes, transporting chemicals, indicated destinations. (Hearing site: (Hearing site: Wichita, KS, or Tulsa, from Monongahela, PA, to Decatur, IL Chicago, IL.) OK.) (Hearing site: Chicago, IL,,or Washington, DC.) MC 117883 (Sub-242F), filed March 20, MC 107103 (Sub-15F), filed March 26, 1979. Applicant: SUBLER TRANSFER, 1979. Applicant, ROBINSON CARTAGE Note.-Applicant states its purpose is to INC., P.O. Box 62, One Vista Dr., substitute single-line service for joint-line CO., a corporation, 2712 Chicago, Dr., Versailles, OH 45380. Representative: service. SW, Grand Rapids, MI 40509. Neil E. Hannan (same address as Representative: Ronald J. Mastej, 900 MC 114552 (Sub-208FJ, filed March 27, applicant). To operate as a common Guargian Bldg., Detroit, MI 48226. To 1979. Applicant: SENN TRUCKING carrier,by motor vehicle, In interstate or operate as a common carrier,by motor COMPANY, a Corporation, P.O. Box 'foreign commerce, over vehicle, irregular routes, in foreign commerce only, over 220, Newberry, SC 29108. transportingfoodstuffs (except in bulk), irregular routes, transporting iron and Representative: William P. Jackson, Jr., from the facilities of Marion steel articles, Foods andmaterials, equipment, 3426 N. Washington Blvd., P.O. Box Corporation, at or near East Williamson, and supplies used in the manufacture or 1240, Arlington, VA 22210. To operate as Marion, Newark, Oaks Corners, and distribution of iron andsteel articles, a common carrier,by motor vehicle, in Williamson, NY, to points In IL, IN, IA, between the port of entry on the interstate or foreign commerce, over KS,'KY, MI, MN, MO, NE, OH, and WI, international boundary line between the irregular routes, transporting pallets, (1) restricted to the transportation United States and Canada of traffic at Sault Ste. from the facilities of Atlanta Southern originating at the named origins and Marie, MI, on the one hand, and, on the Corporation, at or near Ellijay, GA, to destined to the indicated destinations. other, points in MI. (Hearing site: Mobile and Birmingham, (Hearing site: Lansing AL, points Buffalo, NY, or or Detroit, MI.) within 65 miles of Birmingham, and Washington, DC.) MC 109692 (Sub-79F), filed March 26, points in OK, KS, NE, SD, ND, IA, MN, MC 118803 (Sub-12F), filed March 20, 1979. Applicant: GRAIN BELT WI, ME, VT, and NH, and (2) from the 1979. Applicant: TRANSPORTATION AT ANTIC TRUCK COMPANY, a facilities of Atlanta Southern LINES, INC., 100 Hamilton Plaza, corporation, Route 13, Kansas City, MO Corporation, at or near Loganville, GA, 64161. Representative: Paterson, NJ 07507. Representative: Warren H. Sapp, to Mobile and Birmingham, AL, points Morton E. Kiel, Suite P.O. Box 16047, Kansas City, MO 6193, 5 World 64112. within 65 miles -ofBirmingham, and Trade Center, New York, NY 10048. To To operate as a common carrier,by points in FL, NC, VA, WV, MD, DE, PA, operate motor vehicle, in interstate or foreign as a contract carrier,by motor NJ, CT, RI, MA, NH, VT, ME, WI, MN, vehicle, in interstate or foreign Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40585 commerce, over irregular routes, Franklin, Fulton, Huntingdon, Jefferson, (except commodities in bulk, in tank transporting foil and scrap, and Juniata, Lycoming, Mifflin, Perry, vehicles] and (2) equipment,materials materials,equipment, and supplies used Snyder, Somerset, Union, and York andsupplies used in the manufacture in the manufacture or distributionof Counties, PA. (Hearing site: Harrisburg, and distribution of the commodities in foil, (except commodities in bulk), PA or Washington, DC.) (1) above, between points in the United between the facilities of Revere Copper MC 123272 (Sub-25F), filed March 23, States, restricted to the transportation of and Brass, Inc., Brooklyn Foil Division, 1979. Applicant FAST FREIGHT, INC., traffic originating at or destined to the at New York, NY, on the one hand, and, 9651 S. Ewing Avenue, Chicago, IL facilities of Eisenman Chemical on the other, those points in the United 60617. Representative: James C. Company. (Hearing site: Denver. CO. or States in and east of MN, IA, MO, AR, Hardman, 33 N.LaSalle Street, Chicago, Salt Lake City, UT.) and LA. under continuing contract(s) IL60602. To operate as a common MC 125433 (Sub-220F), filed March 12, with Revere Copper and Brass, Inc., of carrier,by motor vehicle, in interstate or 1979. Applicant: F-B TRUCK LINE New York, NY. (Hearing site: New York, foreign commerce, over irregular routes, COMPANY, a corporation. 1945 South NY.) transporting paper andpaper products, Redwood Road. Salt Lake City, UT MC 119493 (Sub-279F), filed March 28, from Cincinnati, OH, to points in TN 84104. Representative: John B. Anderson 1979. Applicant: MONKEM COMPANY, and PA. (Hearing site: Chicago, IL) (same address as applicant]. To operate INC., P.O. Box 1196, Joplin, MO 64801. MC 123392 (Sub-85F), filed March 19, as a common carrier by motor vehicle, Representative: Thomas D. Boone, 1979. Applicant: JACK B. KELLEY, INC., In interstate or foreign commerce, over (same address as applicant).-To operate Route 1, Box 400, Amarillo, TX 79106. irregular routes, transporting as a common carrier,by motor vehicle, Representative: Austin L. Hatchell, 801 contractors'construction, excavating, in interstate or foreign commerce, over Vaughn Bldg., Austin, TX 78701. To mining. road-building,andhogging irregular routes, transporting (1) operate as a common carrier,by motor equipment and tools, andparts and chemicals andchemical compounds, vehicle, in interstate or foreign supplies for contractors' equipment and (except commodities in bulk), [a) from commerce, over irregular routes, tools, between the facilities of Dart Ringwood, IL, to Weeks Island, LA, and transporting liquefied carbondioxide, In Truck Company, at Kansas City, MO, on (b) from Weeks Island, LA, to Ringwood bulk, in tank trailers, from the facilities the one band. and, on the other, points and Elk Grove Village, EL,; and (2] of Dye Carbonic at or near Cortez, CO. in the United States (except AK and I). containers,from Weeks Island, LA, to to Poland Spring, ME. (Hearing site: (Hearing site: Dallas, TX.) Ringwood, I. (Hearing site: Chicago, IL, Dallas, TX.) - MC 125433 (Sub-221F, filed March 22, or St Louis, MO.) MC 124692 (Sub-273F), filed March 27, 1979. Applicant: F-B TRUCK LINE MC 119632 (Sub-BIF), filed March 29, 1979. Applicant: SAS ONS COMPANY, a corporation, 1945 South 1979. Applicant: REED LINES, INC., 634 TRUCKING, a corporation, P.O. Box Redwood Road. Salt Lake City, UT Ralston Ave, Defiance, OH 43512. 4347, Missoula, MNT 59806. 84104. Representative: John B. Anderson Representative: Wayne C. Pence (same Representative: J. David Douglas (same (same address as applicant). To operate address as applicant). To operate as a address as applicant). To operate as a as a common carrier,by motor vehicle, common carrier,by motor vehicle, in common carrier,by motor vehicle, in in interstate or foreign commerce, over interstate or foreign commerce, over interstate or foreign commerce, over irregular routes, transporting irregular routes, transportingfoodstuffs irregular routes, transporting (1) molybdenum concentratesand molybdic (except in bulk, and except in vehicles hardiwoodflooring andflooring systems, oxides, (except commodities in bulk), equipped with mechanical refrigeration), (2) such commodities as are used in the from points in AZ and UT to points in between the facilities of Campbell Soup installationof he commodities named IN, MI. OH, PA. NY. NJ, MD, TX. LA. Company at Napoleon, OH, on the one in (1), and (3)lumber, woodproducts, CA. OR. and WA. (Hearing site: hand, and. on the other, points in IL, IN, and milliwork. from Leonia, wI, to points Washington. DC.] KY. MI, and NJ. restricted to the in TX and OK. (Hearing site: Chicago, MC 125433 (Sub-222F), filed March 22, transportation of traffic originating at or IL) 1979. Applicant: F-B TRUCK LINE destined to the facilities of the named MC 125023 (Sub-70F), filed March 20, COMPANY, a corporation. 1945 South origin facilities. (Hearing site: Toledo, 1979. Applicant SIGMA-4 EXPRESS, Redwood Road. Salt Lake City. UT OH, or Columbus, OH1) INC., 3825 Beech Ave., Erie, PA 16504. 84104. Representative: John B. Anderson MC 121272 (Sub-5F), filed March 22, Representative: Paul F. Sullivan. 711 (same address as applicant). To operate 1979. Applicant: HESS TRUCKING CO., Washington Bldg., Washington, DC as a common carrier,by motor vehicle, a corporation, 1000 West Chocolate 20005. To operate as a common carrier, in interstate or foreign commerce, over Avenue, Hershey, PA 17033. by motor vehicle, in interstate or foreign irregular routes, transporting foundry Representative: John M. Musselman, commerce, over irregular routes. materialsand supplies, (except P.O. Box 1146, 410 North Third Street, transporting glass containersfrom commodities in bulk, in dump vehicles). Harrisburg, PA 17108. To operate as a Washington, PA, to those points in NY from points in Fremont County, CO. to common carrier,by motor vehicle, in on and west of Interstate Hwy 87. points in the United States (except AK interstate or foreign commerce, over (Hearing site: Washington, DC.) and HI). (Hearing site: Denver. CO.) irregular routes, transporting general MC 125433 (Sub-217F), filed March 19, MC 125433 (Sub-225F). filed March 2M, commodities (except those of unusual 1979. Applicant: F-B TRUCK LINE 1979. Applicant: F-B TRUCK LINE value, classes A and B explosives, COMPANY, a corporation, 1945 South COMPANY, a corporation. 1945 South household goods as defined by the Redwood Road, Salt Lake City, UT Redwood Road, Salt Lake City UT Commission, commodities in bulk, and 84104. Representative: John B. Anderson 84104. Representative: John B. Anderson those requiring special equipment), (same address as applicant). To operate (same address as applicant). To operate between Hershey, PA, on the one hand, as a common carrier,by motor vehicle, as a common carrier,by motor vehicle, and, on the other, points in Adams, in interstate or foreign commerce, over in Interstate or foreign commerce, over Bedford, Blair. Cambria, Centre, irregular routes, transporting (1) Irregular routes, transporting baf!ery Clearfield, Clinton. Cumberland. Elk, chemicals and drillingmud and ore i atuloaingpartitions and glassfiber 40586 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40586II II

scrap, from the facilities of Evans Schreiber Cheese Co., Inc.,'at Green products, (except commodities in bulk, Products Company, at or near Bay, Wl. (Hearing site: Salt Lake City, in tank vehicles, and commodities the Cornvallis, OR, to points in the United UT.) transportation of which because of size States (except AK and HI). (Hearing MC 126243 (Sub-28F), filed March 19, or weight requires the use of special site: Portland, OR, or Salt Lake City, 1979. Applicant: ROBERTS TRUCKING equipment), from points in the United UT.) CO., INC., U.S. Highway 271 South, P.O. States (except AK, HI, and MI), to the MC 125433 (Sub-22qF), filed March 27, Drawer G, Poteau, OK 74953 facilities of Brown Company, at Or near 1979. Applicant: F-B TRUCK LINE Representative: Vernon Roberts {same Kalamazoo, MI, restricted to the COMPANY, a corporation, 1945 South address as a applicant). To op6rate as'a transportation of traffic originating at Redwood Road, Salt Lake City, LIT common carrier,by motor vehicle, in the named origins and destined to the 84104. Repiesentative: John B. Anderson interstate or foreign commerce, over named destination. (Hearing site: (same address as'applicant). To operate irregular routes, transporting (1) Chicago, IL, or Washington, DC.) as a common carrier,by motor vehicle, plumbing supplies, and bathroom MC 129032 (Sub-77F), filed March 19, in interstate or foreign commerce, over fixtures, and (2) materials,equipment 1979. Applicant: TOM INMAN irregular routes, transporting aluminum and supplies used in the manufacture of TRUCKING, INC., 6015 So. 49th West castings,from the facilities of Felton the commodities in (1) above, (except Avenue, Tulsa, OK 74107. Aluminum Compaiy, at Santa Clara, commodities in bulk, in tank vehicles), Representative: David R. Worthington CA, to points in the United States from the facilities of Universal-Rundle (same address as applicant). To operate (except AK and HI), restricted to the Corporation at or near (1) Union Point as a cominon carrier,by motor vehicle, transportation of traffic originating at and Monroe, GA, (2) Corsicana and in interstate or foreign commerce, over the named origin. (Hearing site: San Hondo, TX, (3) Ottumwa, IA, (4) irregular routes, transporting (1)paper Francisco, CA.) Phoenix, AZ, and (5) Redlands, CA, to and paperproducts, and (2) equipment, MC 125433 (Sub-229F), filed March 26, points in AL, AZ, CA, CO, FL, GA, IA, materials,and supplies used In the 1979. Applicant: F-B TRUCK LINE ID, KS, LA, MN, MO, MT, MS, NC, ND, manufacture and distribution of the COMPANY, a Corporation, 1945 S. NE, NV, NM, OK, OR, SC, SD, TN, TX, commodities in (1) above, (except Redwood Rd., Salt Lake City, UT 84104. UT, WA; and WY. (Hearing site: commodities in bulk, and those which Representative: John B. Anderson (same Pittsburgh, PA or Washington, DC.) because of size or weight require the use address as applicant]. To operate as a MC 127042 (Sub-255F), filed March 21, of special equipment), between the common carrier,by motor vehicle, in 1979. Applicant: HAGEN, INC., P.O. Box facilities of Fort Howard Paper interstate or foreign commerce, over 98, Leeds Station, Sioux City, IA 51108. Company, at or near Green Bay, WI, on irregular routbs, transporting copper Representative: Robert G. Tessar (same the one hand, and, on the other, points cathodes, molybdenum concentrates, address as applicant). To operate as a in AL, AZ, AR, CA, CO, FL, GA, ID, IL, and uranium concentrates,from points common carrier,by motor vehicle, in IN, IA, KS, KY, LA, MD, MI, MN, MS, in AZ to points in the'United States interstate or foreign commerce, over MO, MT, NE, NV, NM, NY, NC, ND, OH, (except AK and HI). (Hearing site: irregular routes, transporting cleaning, OK, OR, PA, SC, SD, TN, TX, UT, WA, Phoenix, AZ, or San Francisco, CA.) washing, scouring, andpolishing WY, and DC, restricted to the MC 125433 (Sub-232F], filed March 27, compounds, (except.commodities in transportation of traffic originating at.or 1979. Applicant: F-B TRUCK LINE bulk), in vehicles equipped with destined to the above named facilities COMPANY, a Corporation, 1945 S. mechanical refrigeration, from the (Hearing site: Washington, DC.) Redwood Rd., Salt Lake City, UT 84104. facilities of U.S. Chemical Corporation, MC 129032 (Sub-81F), filed March 20, Representative: John B. Anderson (same at or near Milwaukee, WI, to points in 1979. Applicant: TOM INMAN address as applicant). To operate as a AZ, CA, CO, ID, IA, KS, MN, MO, MT, TRUCKING, INC,, 6015 S. 49th West common carrier,by motor vehicle, in NE, NV, NM, ND, OR, SD, TX, UT, WA, Ave., Tulsa, OK 74107. Representative: interstate or foreign commerce, over and WY. (Hearingsite: Milwaukee, WI.) David R. Worthington (same address as irregular routes, transporting water MC 127303 (Sub-56F), filed March 22, applicant). To operate as a common purificationequipment, from points in 1979. Applicant: ZELLMER TRUCK carrier,by motor vehicle, in interstate or Santa Clara County, CA, to points in the LINES, INC., P.O. Box 343, Granville, IL foreign commerce, over irregular routes, United States (except AK and HI), 61326:Representative: E. Stephen, transporting (1) such commodities as are restricted to the transportation of traffic Heisley, .805 McLachlen Bank Bldg., 666 dealt in by grocery andfood business originating at the facilities of Eleventh Street, NW, Washington, DC houses, and (2) materials,equipment, Polymetrics, Incorporated. (Hearing site: 20001. To operate as a common carrier, and supplies used in the manufacture or San Francisco, CA, or Salt Lake City, by motor vehicle, in interstate or foreign distributionof the commodities named UT.) commerce, over irregular routes, in (1), between the facilities of Ralston MC 125872 (Sub-7F), filed March 20, transporting foodstuffs, from Rochelle, Purina Company, at or near Flagstaff, 1979. Applicant: C. H. DREDGE & CO., IL, to points in IN, MN, and WI. (Hearing AZ, on the one hand, and, on the other, INC., 918 South 2000 West, Syracuse, UT site: Chicago, IL, or Washington,-DC.) points in AR, CO, IL, IN, IA, KS, KY, LA, 84041. Representative: Bruce W. Shalhd, MC 128273 (Sub-340F), filed March 22, MI, MN, MO, NE, ND, OH, OK, PA, SD, 430 Judge Building, Salt Lake City, UT 1979. Applicant: MIDWESTERN TN, TX, and WI, restricted to the 84111, To operate as a contractcarrier, DISTRIBUTION, INC., P.O. Box 189, Tort transportation of traffic originating at or by motor velbicle, in interstate orforeign Scott, KS 66701. Representative: Elden destined to the facilities of Ralston commerce, over irregular routes, Corban (same address as applicant). To Purina Company, at or near Flagstaff, transporting cheese, synthetic cheese operate as a common carrier,by motor AZ. (Hearing site: St. Louis, MO, or and cheese products, from the facilities vehicle, in interstate or foreign Chicago, IL.) of L. D. Schreiber Cheese Co., Inc., at or commerce, over irregular routes, MC 129282 (Sub-44F), filed March 20, near Logan, UT, to points in AZ, CA. transporting such commodities as are 1979. Applicant: BERRY CO, ID, MT, NM, OR, TX and WA, dealt in or used by manufacturers and TRANSPORTATION, INC., P.O. Box under a continuing contract(s) with L. D. converters of paper products and plastic 2147, Longview, TX 75601. =.,ro. 1 PDo,ic,- I Vnl. 44. No. 134 /.--- Wednesday. Tuly 11, 1979 I Notices408 40587 Wed -1 Re ster / Vol 44 No. 134 / Wednesday. July 11, 1979 / Notices MC 138432 (Sub-13F), filed March 28, Fred S. Berry (same used in the manufacture or distribution Representative: (1), 1979. Applicant: GARLAND GEHRKE, address as applicant). To operate as a of the commodities named in in bulk), from the R.R. #1, Lincoln. IL 62656. common carrier,by motor vehicle, in (except commodities 120 W. facilities of Kal Kan Foods, Inc., at or Representative: James R. Madler, interstate or foreign commerce, over Madison St., Chicago, IL60602. To irregular routes, transporting paper and near (a) Columbus, OH, (b) Mattoon. IL IN, to points in the operate as a commQn carrier, by motor paper articles andmaterials and and (c) Terre Haute, or foreign United States (except AK and HI). vehicle. in interstate supplies used in the manufacture or commerce, over irregular routes, distributionof paper andpaper articles (Hearing site: Los Angeles. CA. or as Lubbock, TX.) transporting (A) such commodities (except commodities in bulk), between are dealt in by grocery andfood the facilities of the Scott Paper Note.-Dual operations may be Involved. business houses, and (B)materials, Company, at or near Mobile, AL, and MC 134813 (Sub-9F), filed March 20, equipment, and supplies used in the points in AR, LA, MS. OK, and TX. 1979. Applicant: WESTERN CARTAGE, manufacture ordistribution of the (Hearing site: Philadelphia, PA, or INC., 2921 Dawson Road, Tulsa, OK commodities named in (A), (1] between Mobile, AL) 74110. Representative: Michael R. the facilities of Ralston Purina MC 133233 (Sub-62F}, filed March 27, Vanderburg, 5200 South Yale, Suite 400, Company, at or near (a) Clinton and 1979. Applicant: CLARENCE L. Tulsa, OK 74135. To operate as a Davenport, IA, (b] Louisville, KY, (c) WERNER, d.b.a. WERNER contract carrier,by motor vehicle, in Dunkirk. NY, (d) Mechanicsburg. PA, ENTERPRISES, P.O. Box 37308, Omaha, interstate or foreign commerce, over and (e) Jersey City, NJ. on the one hand, NE 68137. Representative: James F. irregular routes, transporting (1) and, on the other, points in N, IA, MO, Crosby, P.O. Box 37205, Omaha, NE foodstuffs, baby supplies canner's W. IL KY. IN. OH. M1, NY, PA,. and NJ. 68137. To operate as a contract carrier, supplies, and (2) equipment and supplies and (2) between the facilities of Ralston by motor vehicle, in interstate or foreign used in the packing, distribution and Purina Company, at or near (a) Battle commerce, over irregular routes, sale of the commodities in (1) above, Creek. MI, and (b) Lancaster and transporting magnesium and silicone between the facilities of Gerber Sharonville, OH. (Hearing site: Chicago, products, from Addy, WA to those Products Company at Fort Smith, AR, on IL) in and east of points in the United States the one hand, and, on the other, points MC 138882 (Sub-230F), filed March 16, MT, WY, UT, and NM, under continuing in AR, CO, IL, IA, KS, KY, LA, MO, MS. WILEY SANDERS Inc., of 1979. Applicant: contract with Northwest Alloys, NE, NM, OK, SD, TN, TX, and WY, TRUCK LINES, INC., P.O. Box 707, Troy. Pittsburgh, PA. (Hearing site: Pittsburgh, under a continuing contract(s) with AL 36081. Representative: James W. PA, or Washington, DC.) Gerber Products Company, at Fremont, Segrest (same address as applicant). To Note--Dual operations may be at issue. MI. (Hearing site: Fort Smith. AR, or operate as a common carrier,by motor Tulsa, OK.) or foreign MC 133233 (Sub-6311, filed March 27, vehicle, in interstate L. MC 136343 (Sub-160F}, filed March 20, commerce, over irregular routes. 1979. Applicant: CLARENCE corn meal (except WERNER, d.b.a. WERNER 1979. Applicant: MILTON transporting flour and P.O. Box 37308, Omaha, TRANSPORTATION. INC., P.O. Box in bulk), from the facilities of Shawnee ENTERPRISES, OK, to NE 68137. Representative: James F. 355, Milton, PA 17847. Representative: Milling Co., at or near Shawnee, Omaha, NE R. Nurick, Esq., P.O. Box 1166, points in AL, FL, GA. KY, LA, MS. NC, Crosby, P.O. Box 37205, Herbert site: Birmingham, as a contract carrier, Harrisburg, PA 17108. To operate as a SC, and TN. (Hearing 68137. To operate City, OK) by motor vehicle, in interstate or foreign common carrier,by motor vehicle, in AL or Oklahoma commerce, over irregular routes, interstate or foreign commerce, over MC 138882 (Sub-231F), filed March 16, transporting aluminum billets, irregular routes, transporting (1) paper 1979. Applicant: WILEY SANDERS aluminum blooms, aluminum ingots, and paperproducts from the facilities of TRUCK LINES, INC., P.O. Box 707, Troy, aluminum pigs, and aluminum slabs, Champion International Corporation at, AL 36081. Representative: James W. from the facilities of Aluminum or near Asheville, Canton, Fletcher and Segrest (same address as applicant). To Company of America, at or near Waynesville, NC, to points in IL,IN, OH, operate as a common carrier,by motor Wenatchee, WA, to points in UT and MI, WI, and those points in PA and NY vehicle, in interstate or foreign those points in the United States in and on and west of Interstate Hwy 81, and commerce, over irregular routes, east of ND, SD, NE, KS, OK, and TX (2) materialsused in the manufacture of transporting charcoalbriquettes, from (except IN and VT) under continuing the commodities in (1) above. (except the facilities of Husky Industries, Inc., at contract with Aluminum Company of commodities in bulk), in the reverse or near Meridian and Pachuta, MS, to America, of Pittsburgh, PA. (Hearing direction. (Hearing site: Columbus, OH. points in AL. OK. TX, LA, TN, GA, FL, site: Pittsburgh, PA, or Washington, DC.) or Washington, DC.) NC, and SC. (Hearing site: Jackson, MS or Birmingham, AL] Note-Dual operations may be involved. MC 136553 (Sub-71F), filed March 23, MC 139193 (Sub-104F), filed March 22, MC 134783 (Sub-49F, filed March 28, 1979. Applicant: ART PAPE TRANSER, SERVICE, INC., 1080 E. 12th St., Dubuque, IA 1979. Applicant: ROBERTS &OAKE, 1979. Applicant: DIRECT Blue Ridge Blvd., Blue Ridge P.O. Box 2491, 52001. Representative: William L INC., 4240 INC., 940 E. 66th St., Suite 820, Kansas City, MO Lubbock, TX 79408. Representative: Fairbank, 1980 Financial Center, Des Tower, Moines. IA 50309. To operate as a 64133. Representative: Terrence D. Charles M. Williams, 350 Capitol Life 300. St., Denver, CO common carrier,by motor vehicle, in Jones, 2033 K Street, NW., Suite Center, 1600 Sherman Washington, DC 20006. To operate as a 80203. To operate as a common carrier, interstate or foreign commerce, over irregular routes, transporting tire, tire contractcarrier, by motor vehicle, in by motor vehicle, in interstate or foreign over routes, tubes, andparts of and accessoriesfor interstate or foreign commerce, commerce, over irregular routes, transporting canned transporting (1) animalfeed and animal tires and tire tubes, between Dubuque, irregular IA, on the one hand, and, on the other, andpreserved foodstuffs, from the feed ingredients,additives, and of H. (except commodities in points in IL,KS, MN, MO, NE, ND. OK, facilities of Heinz U.S.A., Divisiom supplements, Co.. at Muscatine and Iowa bulk), and (2) materials and supplies SD, and WI. (Hearing site: Chicago, IL) J. Heinz 40588 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40588 City, IA, to points in KS, OK, and TX containers,from the facilities of Pierce on the one hand, and, on the other, those under continuing contract(s) with Heinz Glass, at (a) Lincoln, IL, and (b) Port points in the United States in and east of U.S.A., Division of H. J.Heinz Co., of Allegany, PA, to points in IN, IA, KY, TX, OK, KS, NE, SD, and ND. (Hearing Pittsburgh, PA. (Hearing site: MI, MO, and O- and (2) materials, site: Washington, DC, or Atlanta, GA.] Washington, DC, or Chicago, IL.) equipment, and supplies used in the MC 142772 (Sub-SF), filed March 23, Note.-Dualoperations may be involved. manufacture and sale of glass 1979. Applicant: HRDLICKA containers (except commodities in bulk), ENTERPRISES, INC., Route 7, Box 59, MC 139193 (Sub-105F), filed March 22, in the reverse direction, under. Chippewa Falls, WI 54729. 1979. Applicant: ROBERTS &OAKE, continuing contract(s) in [1) and (2) INC., 4240 Blue Ridge Representative: Samuel Rubenstein, 301 Blvd., Blue Ridge above with Pierce Glass, of Lincoln, IL. N. Fifth St., Minneapolis, MN 55403. To Tower, Suite 820, Kansas City, MO (Hearing site: Indianapolis, IN, or operate as a common carrier,by motor 64133. Representative: Terrence D. Chicago, IL.) vehicle, in interstate or foreign Jones, 2033 K Street, NW, Suite 300, MC 141443 (Sub-1F), filed March 28, commerce, over irregular routes, Washington, DC. 20006. To operate as a 1979. Applicant: building materials,from common carrier,by motor vehicle, in JOHN LONG transporting interstate or foreign commerce, over TRUCKING, INC., 1030 E. Denton St., Cornell, WI, to points in MS. LA, AR, irregular routes, transporting foodstuffs, Sapulpa, OK 74066. Representative: OK, TX, TN, AL, and NM, (Hearing site: from the facilities of Lykes Pasco Wilburn L. Williamson, Suite 615-East, Minneapolis or St. Paul, MN.) Packing Co., at Dade City, FL, to points The Oil Center, 2601 Northwest MC 144122 (Sub-40F), filed March 20, in AR, IL, IA, KS, LA, MN, MS, MO, NE, Expressway, Oklahoma City, OK 73112. 1979. Applicant: CARRETTA ND, OK, SD, TN, TX, and WI, under To operate as a common carrier,by TRUCKING, INC., South 160, Route 17 continuing contract(s) with Lykes Pasco motor vehicle, in interstate or foreign North, Paramus, NJ 07652. Packing Co., of Dade City, FL. (Hearing commerce, over irregular routes, Representative: Charles J. Williams, site: Washington, DC.) transporting paperand paper articles, 1815 Front St., Scotch Plains, NJ 07076, from Bastrop and Springhill, Note,-Dual operations may be involved. LA, Mobile, To operate as a common carrier,by AL, and Moss Point, MS,to points in motor vehicle, in interstate or foreign MC 140273 (Sub-16F), filed March 26, AZ, CA, OR, and WA. (Hearing site: commerce, over irregtilar routes," 1979. Applicant: BUESING BROS. New Orleans, LA, or Dallas, TX.) transporting such commodities as are TRUCKING, INC., 2285 Daniels St., Long Note.-Dual operations may be involved. dealt in or used by automotive supply Lake, MN 55356. Representative: Robert MC 142062 (Sub-23F), filed March 16, and householdappliance stores, (1) from S. Lee, 1000 First National Bank, 1979. Applicant: VICTORY points in IL, KS, MO, and OK, lo the Minneapolis, MN 55402. To operate as a FREIGHTWAY SYSTEM, facilities of Western Auto Supply common carrier, INC., Post by motor vehicle, in Office Drawer P,Sellersburg, IN 47172. Company, Inc., at Owings Mills, MD, interstate or foreign commerce, over Representative: William P. Jackson, Jr., and (2) from the facilities of Western irregular-routes, transporting haydite 3426 N. Washington Blvd., P.O. Box Auto Supply Company, Inc., at Kansas aggregate,from the facilities of The 1240, Arlington, VA 22210. To operate as City, KS, to the facilities of Wertern Carter-Waters Corp., at or nearNew a contractcarrier, by motor vehicle, in Auto Supply Company, Inc., at O'Fullon, Market, MO, to points in SD, MN, and interstate MO. (Hearing site: Kansas City, MO.) WI. (Hearing or foreign commerce, over site: Minneapolis or St. irregular routes, transporting Note.-Dual operations may be Involved. Paul, MN.) (1) custom wheels andpartsfor custom wheels, MC 144122 (Sub-44F), filed March 20, MC 141212 (Sub-3F), filed March 21, from the facilities of American Racing 1979. Applicant: CARRETTA 1979. Applicant: JOHN M. RADKE, Equipment Company at or near TRUCKING, INC., South 160, Route 17 Route 3, Box 93, Marathon, WI 54448. Torrance, CA, to points in the United North, Paramus, NJ 07652. Representative: Richard A. Westley, States (except AK and HI), and (2) Representative: Charles 1. Williams, 4506 Regent Street, Suite 100, Madison, materials,equipment and supplies used 1815 Front Street, Scotch Plains, NJ WI 53705. To operate as a common in the manufacture and distribution of 07076. To operate as a common carrier, parrier,by motor vehicle, in interstate or the commodities in (1) above, from by motor vehicle, in interstate or foreign foreign commerce, over irregular routes, points in KY, MO, and AL, to the above commerce, over irregular routes, transporting animaland poultryfeed origin facilities, under a continuing transportingsuch commodities as are andfeed ingredients, (1) from the contract(s) with American Racing dealt in by a manufacturer of plastic and facilities of Cargill, Inc., Nutrena Feeds Equipment Company of Torrance, CA. plastic products, from New York, NY to Division, at or near New Richland, MN, (Hearing site: Los Angeles, CA, or those points in the United States in and to points in WI, and (2) from Washington, DC.) east of MN, IA, NE, CO, OK, and TX Minneapolis, MN, to points in Ashland, MC Note.-Dual Barron, Bayfield, Chippewa, 142743 (Sub-11F), filed March 27, operations are Involved In this Clark, 1979. Applicant- proceeding. Dunn, Eau Claire, Iron, Pepin, Pierce, FAST FREIGHT Polk, Price, Rusk, St. Croix, and Taylor SYSTEMS, INC., P.O. Box 132C, Tupelo, MC 144162 (Sub-10F), filed March 19, Counties, WI. MS 3880I. Representative: Martin J. 1979. Applicant: TIME CONTRACT (Hearing site: Leavitt, Minneapolis, MN.) 22375 Haggerty Rd., P.O. Box -CARRIERS, INC., 17734 Sierra Hwy, 400, Northville, MI 48167. To operate as Canyon Country, CA 91351. MC'141402 (Sub-32F), filed March 22, a common carrier,by motor vehicle, in Representative: Milton W. Flack, 4311 1979. Applicant: LINCOLN FREIGHT interstate or foreign commerce, over Wilshire Blvd., Suite 300, Los Angeles, LINES, INC., P.O. Box 427, Lapel, IN irregular routes, transporting CA 90010. To operate as a contract 46051. Representative: Norman R. constructionmaterials, and materibis carrier,by motor vehicle, in interstate or Garvin, 1301 Merchants Plaza, andsupplies used in the manufacture or foreign commerce, over irregular routes, Indianapolis, IN 46204. To operate as a distribution of constructionmaterials transporting cleaning compounds, contractcarrier, by motor vehicle, in (except commodities in bulk), between petroleumproducts, paint removers, and interstate or foreign commerce, over the facilities of The Celotex chemicals, (except commodities in bulk), irregular routes, transporting (1) glass Corporation, at or near Russellville, AL, from the facilities of Octagoh Proceas, Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40589

Inc., at or near Edgewater, NJ, to the San Francisco, CA, Denver, CO, in Motor CarrierCertificates, 61 M.C.C. facilities of the (a) Department of Chicago, IL,Minneapolis, MN., Kansas 209 and 766 (except hides and Defense and (b) General Services City and St. Louis, MO, Portland, OR, commodities in bulk), from the facilities Administration, in CA, UT, TX, and WA, Memphis, TN, and Seattle. IVA, of Armour Fresh Meats Co., at under a continuing contract(s) with restricted to the transportation of traffic Louisville, KY, to points in CT, DE, ME, Octagon Process, Inc., of Edgewater, NJ. moving on bills of lading of freight MD. MA, NH, NJ, NY, NC, PA. RI, VT, (Hearing site: Los Angeles, CA.) forwarders as defined in 49 U.S.C. VA, WV, and DC. (Hearing site: Note.-Dual operations may be involved. § 10102(8) of the Interstate Commerce Washington. DC). Act. (Hearing site: Washington. DC.) Note.-Dual operations may be involved. MC 144452 (Sub-10F), filed March 28, Note.-Dual operations may be involved. 1979. Applicant: ARLEN E. LINQUIST, MC 144622 (Sub-37F), filed March 21, d.b.a. ARLENE. LINQUIST TRUCKING, MC 144603 (Sub-OF), filed March 23, 1979. Applicant: GLENN BROS. 3242 Old Hwy 8, Minneapolis, MN 1979. Applicant: F.M.S. TRUCKING, INC., P.O. Box 9343, Little 55415. Representative: James B. TRANSPORTATION, INC., 2564 Harley -Rock, AR 72219. Representative: Hovland, 414 Gate City Bldg., P.O. Box Dr., Maryland Heights, MO 64043. Theodore Polydoroff, Suite 301.1307 1680, Fargo, ND 58107. To operate as a Representative: R. C. Mitchell, (same Dolley Madison Blvd., McLean, VA common carrier,by motor vehicle, in address as applicant). To operate as a 22101. To operate as a common carrier, interstate or foreign commerce, over common carrier,by motor vehicle, in by motor vehicle, in interstate or foreign irregular routes, transporting (1) tires interstate or foreign commerce, over commerce, over irregular routes, and tire tubes, (a) from Little Rock, AR, irregular routes, transporting paperand transporting meats, meat products and to points in IA, the Upper Peninsula of paper articles, from points in AL LA, meat byproducts,and articles MI, ND, SD, CO, KS, NE, and WY. (b) ME, MN, MI, NY. NC, TX. and WI. to distributedby meat-packinghouses, as from Tupelo, MS, to points in IA and the points in AR, IL, IN, IA, KY, and MO. described in sections A and C of Upper Peninsula of MI, (c) from (Hearing site: St. Louis, or Jefferson City, Appendix I to the report in Descriptions Columbus, OH, to points in CO. IA, KS, MO.) in Motor CarrierCertificates, 61 NLC.C. the Upper Peninsula of MI, MN, NE, ND, Note.-Dual operations may be involved. 209 and 766 (except hides and SD, WI, and WY, and (d) from Memphis, MC 144622 (Sub-35F), filed March 21, commodities in bulk), from the facilities TN, to points in NE and the Upper 1979. Applicant: GLENN BROS. of Armour Fresh Meats Co., at (a] Sioux Peninsula of MI; and (2)petroleum and TRUCKING, INC., P.O. Box 9343, Little City, IA, (b) Worthington. N, (c] petroleum products, in containers, (a) Rock, AR 72219. Representative: Fremont, Madison. and Omaha, NF_, and from Paulsboro, NJ, to points in MN, the Theodore Polydoroff, Suite 301.1307 (d) Huron, SD, to points in AL, FL, GA, KY, NC. SC, and TN. (Hearing Upper Peninsula of MI, ND, SD, and WI, Dolley Madison Blvd., McLean, VA DC). site: (b) from New Orleans, LA, to points in 22101. To operate as a common carrier, Washington, MN (except points in St. Louis, by motor vehicle, in interstate or foreign Note. Dual operations may be involved. Koochiching, and Lake Counties), the commerce, over irregular routes, MC 144622 (Sub-38F), filed March 21, Upper Peninsula of MI, ND, SD, and WI transporting meals, meat products and 1979. Applicant: GLENN BROS. (except points in Waupaca, Oconto, meat byproducts, and articles TRUCKING, INC., P.O. Box 9343, Little Menominee, and Shawano Counties), (c) distributedby meat-packinghouses, as Rock, AR 72219. Representative: from Sewaren, NJ, to points in the Upper described in sections A and C of Theodore Polydoroff, Suite 301,1307 Peninsula of MI, MN, ND, SD, and WI Appendix I to the report in Descriptions Dolley Madison Blvd., McLean. VA (except Beaver Dam, Green Lake, in Motor CarrierCertificates, 61 M.C.C. 22101. To operate as a common carrier, Waupen, and Mayville), (d) from St. 209 and 766 (except hides and by motor vehicle, in interstate or foreign Louis, MO, to points in MT and the commodities in bulk), (1) from the commerce, over irregular routes, Upper Peninsula of MI, and (e) from facilities of Armour Fresh Meats Co., at transporting meats, meat products and Roxana, IL, to points in MT and those in (a) Sioux City, IA, (b) Fremont, NE, and meat byproducts, and articles ND west of ND Hwy 3. (Hearing site: (c) Huron, SD, to points in AZ and CA. distributedby meat-packing houses, as Minneapolis, St. Paul, MN.) and (2) from the facilities of Armour described in sections A and C of Note.-Dual operations may be involved. Fresh Meats Co., at (a) Sioux City, IA, Appendix I to the report in Descriptions MC 144572 (Sub-13FJ, filed March 28, (b) Worthington, MN, (c) Fremont, in Motor CarrierCertificates, 61 M.C.C. 1979. Applicant: MONFORT Madison, and Omaha, NE, and (d) 209 and 766, (except hides and TRANSPORTATION COMPANY (a Huron, SD, to points in'CO. ID, MT, NV, commodities in bulk), (1) from the Corporation), P.O. Box G, Greeley, CO NM, OR, UT, WA, and WY. (Hearing facilities of Armour Fresh Meats Co., at 80631. Representative: John T. Wirth, 717 site: Washington, DC.) (a) Sioux City, IA, (b) Worthington, MN, 17th St., Suite 2600, Denver, CO 80202. Note.-Dual operations may be involved. Cc) Fremont. Madison, and Omaha, NE, To operate as a common carrier,by MC 144622 (Sub-36F), filed March 21, and (d) Huron. SD, to points in IL, MI. motor vehicle, in interstate or foreign 1979. Applicant: GLENN BROS. MO, and WIl. and (2) from the facilities commerce, over irregular routes, TRUCKING, INC., P.O. Box 9343, Little of Armour Fresh Meats Co., at (a) Sioux transporting generalcommodities Rock, AR 72219. Representative: City, IA, (b) Fremont, NE, and (c] Huron. (except those unusual value, classes A Theodore Polydoroff, Suite 301,1307 SD, to points in CT, DE, IN, ME. MD, and B explosives, household goods as Dolley Madison Blvd.. McLean, VA MA, NH. NJ. NY, OH, PA, RI, VT, VA, defined by the Commission, 22101. To operate as a common carrier, WV, and DC. (Hearing site: Washington. commodities in bulk, and those requiring by motor vehicle, in interstate or foreign DC. special equipment), from the facilities of commerce, over irregular routes, Note.-Dual operations may be involved. Universal Carloading and Distribution, tranporting meats, meat products and MC 144622 (Sub-39F, filed March 21. Inc., at (a) North Haven, CT, (b) Boston, meat byproducts, and articles 1979. Applicant: GLENN BROS. MA, (c) Baltimore(MD. (d) Newark, NJ, distributedby meat-packinghouses, as TRUCKING, INC., P.O. Box 9343, Little (e) New York, NY, and (f) Philadephia, described in sections A and C of Rock, AR 72219. Representative: PA, to Phoenix, AZ, Los Angeles and Appendix I to the report in Descriptions Theodore Polydoroff, Suite 301,1307 40590 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

Dolley Madison Blvd., McLean, VA MC 145072 (Sub-lhF), filed March 26, NJ, NY, NC, OH, PA, RI, SC, TN, TX, VT, 22101. To operate as a common carrier, 1979. Applicant* M.S. CARRIERS, INC.. VA, WV, WI, and DC. (Hearing site: by motor vehicle, in interstate or foreign 7372 Eastern Ave., Germantown, TN Columbus, OH.) commerce, over irregular routes, 38138. Representative: A. Doyle Cloud, MC 145392 (Sub-IF), filed March 27, transporting meats, meat productsand Jr., 2008 Clark Tower, 5100 Poplar Ave., 1979. Applicant: RAJOR, INC., 100 Beta Memphis, TN 38137. To operate as a meat byproducts, and articles Dr., P.O. Box 756, Franklin, TN 37064, distributedby meat-packinghouses, as common carrier,by motor vehicle, in Representative: William J. Monhelm, 'described in sections A and C of interstate or foreign commerce, over P.O. Box 1756, Whittier, CA 90609. To irregular Appendix I to the report in Descriptions routes, transporting synthetic operate as a common carrier,by motor in Motor CarrierCertificates, 61 M.C.C. rubbe, from the facilities of Co-Polymer vehicle, in interstate or foreign Rubber and Chemical Company, at or 209 and 706, [except hides and commerce, over irregular routes. near Baton Rouge, LA, to the facilities of commodities in bulk), (1) from the transporting plasticpipe fittings,plastic Pennsylvania Tire &Rubber Company, facilities .ofArmour Fresh Meats Co,, at connectors,and plastic valves, (1) from (a) Sioux City, IA. (b) Worthington, MN, at or near Tupelo, MS. (Hearing site: Memphis, TN). Sun Valley, CA, and Cleveland, OH, to (c) Fremont, Madison, and Omaha, NE, those points in the United States in and Note.-Dual operations may be involved. and (d) Huron. SD, to points in AR, LA, east of MN, IA. MO, AR, and LA, and (2) TX, and MS. (Hearing site: Washington, MC 145072 (Sub-13F), filed March 26, from Cleveland, OH, to Bakersfield, DC). 1979. Applicant M. S. CARRIERS, INC., Santa Ana, and Sun Valley, CA. Note.-Dual operations may be involved. 7372 Eastern Ave., Germantown, TN (Hearing site: Los Angeles, CA.) 38138. Representative: A. Doyle Cloud, MC 144622 (Sub-42F), filed Note.-Dual operations may be Involved, March 19, Jr., 2008 Clark Tower, 5100 Poplar Ave., 1979. Applicant: GLENN BROS, Memphis, TN 38317. To operate as a MC 145702 (Sub-IF), filed March 21, TRUCKING, INC., P.O. Box 9343, Little common carrier,by motor vehicle, in 1979. Applicant: TRANSURFACE Rock, AR 72219. Representative: Ted interstate o foreign commerce, over CARRIERS, INC., 6 Thayer Street, Polydoroff, 1307 Dolley Madison Blvd., irregular routes, transporting (1) Northboro, MA 01532. Representative: McLean, VA 22101. To operate as a automobileparts and supplies,pipe Bernard P. Rome, 31 Milk Street, Boston, common carrier,by motor vehicle, in fittings, andhose, and (2) materials, MA 02109. To operate as a contract interstate or foreign commerce, over equipment, and supplies used in the carrier,by motor vehicle, over irregular irregular routes, transporting foodstuffs, manufacture or distributionof the routes, transporting: (1)(a) Such rubberarticles, plastic articles,and commoditiesnamed in (1), between commodities as are used or dealt in by drugs, from the facilities of Ross Batesville, MS, Trumann, AR, Arlington, wholesale and retailchain stores Laboratories, Inc., Division of Abbott TX, East Lake, Eaton. Ravenna, and (except commodities in bulk), (b) such Laboratories, at Columbus, OH, to Cleveland, OH, and Memphis, TN, commodities as are used in the points in AZ, CA, NV, OR, UT, and WA, restricted to the transportation of traffic manufacture of food and beverage restricted to the transportation of traffic originating at or destined to the facilities products (except commodities In bulk, originating at the named origin. (Hearing of Parker-Hannifin Corporation. (c) such commodities as are used in the site: Columbus, OH, or Washington, (Hearing site: Memphis, TN.) manufacture of industrial,agricultural, DC). Note.-Dual operations may be involved. pharmaceutical,and household products (except commodities in bulk), Note.-Dual operations may be involved. MC 145102 (Sub-14F), filed March 19, and (d) medicalproducts (except in MC 144622 (Sub-43F), filed March 23, 1979. Applicant- FREYMILLER bulk), from Brooklyn, NY, to points in 1979. Applicant- GLENNBROS. TRUCKING, INC., P.O. Box 188, AL, AR, CA, CO, CT, DE. TRUCKING, Shullsburg, FL, GA. IL, IN, INC., P.O. Box 9343, Little WI 53586. Representative: IA, KS, KY, LA. ME, MD, MA, MI, MN, Rock, Wayne W. Wilson, 150 E. AR 72219. Representative: Phillip Gilman Street, MS. MO. NV, NH, NJ, NY, NC, OH, OK, G. Glenn, (same address as applicant). Madison, WI 53703. To operate as a OR. PA. RI, SC, TN, TX, VT, VA. WA, To operate as a common carrier, common carrier,by motor vehicle, in by WV, WI, AND DC; (2)(a) such interstate or foreign commerce, motor vehicle, in interstate or foreign over commodities irregular routes, transporting paperand as are used or dealt in by commerce, over irregular routes, wholesale and retailchain stores transporting paperproducts, from the facilities of floor tile between Chicago, (except commodities in bulk), Appleton Papers, Inc., at or near (b) such IL, on the one hand, and, on the other, commodities as are used Appleton and Combined Locks, WI, to in the South Plainfield, NJ, and Brooklyn, NY. manufacture of food and beverage points in AZ, CA, CO. ID, MT, NM, NV, (Hearing site: Washington, DC, or products (except commodities OR, UT, WA, and WY. (Hearing in bulk), Brooklyn, NY). site: (c) such commodities Madison or Appleton, WI.) as are used in the Note.-Dual operations may be involved. manufactureof industrial, MC MC 144622 (Sub-56F), filed March 19, 145242 (Sub-8F), filed March 19, pharmaceutical,agricultural, and 1979. Applicant: 1979. Applicant: GLENN BROS. CASE HEAVY householdproducts (except HAULING, INC., P.O. TRUCKING, INC., P.O. Box 9343, Little Box 808, Warren, commodities in bulk), from Groton, CT, OH 44482. Representative: Rock, AR 72219. Representative: Ted Paul F. Beery, to points in AZ, AR, CA, CO, CT, DE, 275 East State Street, Columbus, OH Polydoroff, 1307 Dolley Madison FL, GA, IL, IN, IA, KS, KY, LA, MD, MA, Blvd., 43215. To operate as a common carrier, McLean, VA 22101. To operate as a MI, MN, MO, NE, NH, NJ, NY, NC, OH, by motor vehicle, in interstate or foreign common carrier,by motor OK, OR, PA, TN, TX, VA, WA, WV, WI, vehicle, in commerce, over irregular routes, interstate or foreign commerce, over and DC; (3)(a) such commodities as are transporting aluminum and aluminum used or dealt in by wholesale andretail irregular routes, transporting rubberand articles,from the facilities of Kaiser rubber articles,from San Francisco, CA chain stores (except Gommodities in Aluminum & Chemical Corporation, at bulk) and (b) medical and health care to points in GA, MI, NJ, TN, and TX. or near Ravenswood, WV, to points in (Hearing site: San Francisco. CA). - products (except commodities In bulk), AL, AR, CT, DE, FL, GA. IL, IN, IA, KY, from Parsippany, NJ, to points in AR, Note.-Dual operations maybe involved. LA, ME, MD, MA. MI, MN, MS, MO, NH, CA, CO. CT, DE, GA, IL, IN, KS, KY, ME, Federal Register / Vol. 44, No. 134 / Wednesday, July 11. 1979 / Notices 40591

MD, MA, MO, NH, NJ. NY, NC, OH, OK, FL, GA. IL, IN, LA. KY. MD. MI. NC, NY. Switchgear Division. of Santa Maria. PA, RI, SC, TN. TX, VT, VA, WV, WI, OH, PA, SC, TN, TX, VA, and WV: CA. (Hearing site: Los Ange!es, CA.) and DC; (4)(a) such commodities as are under continuing contracts with Pfizer. MC 146183 (Sub-IF, filed March 22, used or dealt in by wholesale andretail Inc., of New York. NY in (1)-(13) and 1979. Applicant: NORTH STATE chain stores (except commodities in with Quigley Company. Inc.. of New TRANSIT, INC., P.O. Box 40, Troy bulk) and (b) health careproducts York. NY in (14). (Hearing site: Grove, IL 61372. Representative: James (except in bulk), from Sanford, NC, to Washington. DC; Boston, MA: or New R. Madler. 120 W. Madison Street, points in the United States (except AK York, NY) Chicago, IL 60601 To operate as a and HI); (5)(a) such commodities as are carrier,by motor vehicle, in used in the manufactureof food and MC 145913 (Sub-IF), iled March 19, common 1979. Applicant: BART LANG interstate or foreign commerce, over beverageproducts (except commodities irregular routes, transporting sand,in in bulk); and (b) such commodities as TRUCKING, INC., Route 2, Box 221A1. Lexington. bulk. from points in La Salle County. IL, are used in the manufactureof PIE 68350. Representative: Steven K. Kuhlmann. P.O. Box 8.028. and Berrien County, MI. to points in AL industrial,agricultural, pharmaceutical, DE. andhousehold products (except Lincoln, NE 68501. To operate as a AR. CT, FL. GA. IL IN. IA. KS. KY. common carrier,by motor vehicle, in LA. ME. MD.MA, .MN. MS. MO, NE, commodities in bulk), from Southport, OK, RL NC, to points in AR, CA, CO. CT. DE, interstate or foreign commerce, over NH. NJ. NY, NC, ND, O- PA. FL, GA. IL, IN, KY. LA, MD, MI, NJ, NY, irregular routes, transporting meats, SC,SD. TN.TX VA, WV, and WI. NC, OH, PA, SC, TN, TX, WV, and VA. meat products,meat byproducts, and (Hearing site: Chicago, IL] (6)(a) such commodities as are used in articlesdistributed by meat packing- MC 146293 (Sub-IF), filed March 19, the manufactureof food and beverage houses, as described in Sections A and 1979. Applicant: REGAL TRUCKING products (except commodities in bulk), C of Appendix I to the report in CO.. INC., 95 Lawrenceville Industrial, (b) such commodities as are used in the Descriptionsin Motor Carrier Park Circle. NE. Lawrenceville, GA manufacture of industrial,agricultural, Certificates,61 M.C.C. 209 and 766 30245. Representative: Virgil H. Smith. andhousehold products (except (except commodities in bulk, in tank Suite 12.1587 Phoenix Boulevard. commodities in bulk), (c) medical vehicles), from the facilities of Dugdale Atlanta. GA 30349. To operate as a products (except in bulk), and (d) Packing Company, at or near Darr, NE, common carrier,by motor vehicle, in pharmaceuticals(except in bulk), from to points in AR. CO. CT, FL. GA. IL, IN. interstate or foreign commerce, over Terre Haute, IN, to points in CA, CT, DE, IA, KS, KY, MD, MA. , MN, MS. MO, irregular routes. transporting: adhesive FL, GA, ID, IL, IN, IA, KY, LA, MD, MI. NJ, NY, NC, OH. OK, PA. SC, SD. TN, cement, racks, stands, rims, strips, tools, MS, MO, NJ, NY, NC, OH, OK, OR, PA, TX UT, VA. WV, WI, and WY. (Hearing and such commodities as are dealt in by SC, TN, TX UT. WA, WI, and DC; (7] site: Lincoln, NE) wholesale and retail, building supply -oxide of iron, lamp black,pain4 barytes, MC 146102 (Sub-IF), filed March 27, stores (except commodities in bulk). silica,earth pigment and umber (except 1979. Applicant: TAMWAY from points in Los Angeles and Orange commodities in bulk), from Easton, PA, CORPORATION, 401 Poinsettia Dr.. Counties. CA. to those points in the to points in AR, CA.- CT, FL, GA. IL,IN, Simpsonville, SC 29681. Representative: United States on and east of US Hwy 85. KY, LA MA, MI, MN. NJ, NY, NC, OH. Eric Meierhoefer, Suite 423,1511 K St., (Hearing site: Atlanta, GA.) OR, SC, TN, TX, and WI; (8) oxide of, NW, Washington. DC 20005. To operate iron, lamp black,paint, barytes, silica, MC 146293 (Sub-10F), filed March 27, as a common carrier,by motor vehicle, 1979. Applicant: REGAL TRUCKING earthpigment, and umber {except in interstate or foreign commerce, over commodities in bulk), from East St. CO., INC.. 95 Lawrenceville Industrial. irregular routes, transporting such Park Circle. NE.Lawrenceville, GA Louis, IL,to points in AL, AR, CA. CT, commoditites as are dealt in by CO. FL, GA. IN, LA. MD. MA, MS, NJ, 30245. Representative: Virgil H. Smith. distributorsor suppliers of empty Suite 12 1587 Phoenix Blvd., Atlanta, NM. NY. NC, OH, OR, PA, SC, TN, TX, containersand packoging materials, VA, AND WV; (9) lime, limestone, and CA 30349. To operate as a common between those points in the United carrier,by motor vehicle, in interstate or calcium metalic (except commodities in States in and east of MS. TN, KY. IL., bulk), from Canaan, CT, to points in DE, foreign commerce, over irregular routes, and WI. restricted to the transportation transporting fluorescent lighting FL, IN, KS, MD, MI, OH, PA, VA. WV, of traffic originating at or destined to the and WL (10) lime, limestone, and fitures;from points in Bucks and facilities of Package Supply & Philadelphia Counties, PA, to points in calcium carbonate(except commodities Equipment Co., Inc. (Hearing in site: the United States (except AK and HI]. bulk), from Adams, MA, to points in Greenville, SC.) AL, CA, CO, FL, GA, IL,IN, KS, KY, MD, (Hearing site: Atlanta, GA. -MS. MI, MN, MO, NE, NC, PA. OH, SC, MC 146152 (Sub-2F), friled March 27. MC 146633F, filed March 22,1979. TN. TX. and WI; (11) pyrophylite, talc, 1979. Applicant: W. S. GILSTRAP, d.b.a. Applicant: TOWING SERVICES OF and clay (except commodities in bulk), W. S. GILSTRAP TRUCKING, Route 1, U.S.A., INC., 4590 126th Avenue North. from Victorville, CA, to points in CT, Live Oak Ridge, Nipomo. CA 93444. Clearwater. FL 33520. Representative: GA. IL.-IN. MA, NY, OH, PA, TX, and Representative: William J. Monheim. Elbert Brown. Jr.. P.O. Box 1378, WI; (12) lime and limestone (except P.O. Box 1756, Whittier. CA 90609. To Altamonte Springs. FL 3270"LTo operate commodities in bulk), from Lucerne operate as a contractcarrier, by motor as a common carrierby motor vehicle, Valley, CA. to points in CT. GA,'IL, IN, vehicle, in interstate or foreign in interstate or foreign commerce, over MA, NY. OH, PA, TX, and WI; (13) iron commerce, over irregular routes, irregular routes, transporting disabled oxide, earthpigment, and chromium transporting electricalswitchgears, and and repossessedmotor vehicles and oxide (except commodites in bulk), from materials and equipment used in the motor homes replacement vehicles, and Emeryville, CA, to points in CT, GA, IL, manufactureof electricals witchgears parts for motor vehicles, in wrecker IN, MA, NY. OH, PA, TX and WI; and between Santa Maria, CA. on the one service only between points in AL, FL. (14) bondingmortar and fire brick hand. and. on the other, points in the GA. ILIN. KY, LA. MD,MS, NC, OH. shapes (except commodities in bulk). United States (except AK and HI). under PA, SC,. TN, TX VA. andFL.] DC. (Hearing from Old Bridge, NJ. to points in AL, CO. continuing contract with Gould. Inc., site: Tampa or Orlando, 40592 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

MC 146693F, filed March 26, 1979. Raymond A Thistle, Jr., Five Cottman Applicant: JAMES ALBAUGH, d.b.a., Court, Homestead Road & Cottman M. & C. CARTAGE, 29644 Mayfair Rd., Street, Jenkintown, PA 19046. To operate Farmington Hills, MI 48018. as a common carrier,by motor vehicle, Representative: Robert D. Schuler, 100 in interstate or foreign commerce, over W. Long Lake Rd., Suite 102, Bloomfield irregular routes, transporting passengers Hills, MI 48013. To operate as a contract and their baggage in tife same vehicle carrier,by motor vehicle, in interstate or with passengers, and unaccompanied foreign commerce, over irregular routes, baggage, in one-way and round-trip transporting (1) banking equipment, charter operations, limited to the office equipment, and fixtures, and (2) transportation of not more than 23 materials, equipment, and supplies used passengers (including the driver) in one in the manufacture or distribution of the vehicle at one time, beginning and commodities named in (1), between ending at New York, NY, Boston, MA, Detroit, MI, on the one hand, and, on the Los Angeles, CA, Nashville, TN, Dallas, other, points in IN and OH under TX, Washington, DC, New 'Orleans, LA, continuing contract with Diebold, Inc., of Atlanta, GA, Miami, FL, Chicago, IL, San Canton, OH. (Hearing site: Detroit or Francisco, CA, Las Vegas, NV, and Lansing, MI.) Atlantic City, NJ, and extending to points in the MC 146712F, filed March 21, 1979. United States (except AK Applicant: STEEL CARGO, INC., R.R. 1, and HI). (Hearing site: New York, NY, or Box 81, Sharpsville, IN 46068. Trenton, NJ.) Representative: Donald W. Smith, P.O. [FR Doe. 79-21420 Filed 7-1O-79R.&45 am] Box 40248, Indianapolis, IN 46240. To BILLING CODE 7035-01-M operate as a contractcarrier, by motor vehicle, in interstate or foreign commerce, over irregular routes, transporting (1) steel tubing, from the facilities of Delta Tube, Inc., at or near Denver, IN, to points in the United States (except CA, OR, WA, MT, ID, UT, ND, SD, AK, and HI); and (2)(a) tubing, chain link, wire, and ornamentalfence, and (b) parts for the commodities in (2)(a) above, from the facilities of Hurricane Steel Industries, at La Grange, TX, to points in IN, IL, MI, MO, OH, TN, and KY, under continuing contract(s) in (1) above with Delta Tube, Inc., of Denver, IN, and in (2) above with Hurricane Steel Industries, of Houston, TX. (Hearing site: Indianapolis, IN.) MC 146942F, filed March 26, 1979. Applicant: CARROLL TRUCKING, INC., 7444 Major Ave., Norfolk, VA 23505. Representative: Blair P. Wakefield, Suite 1001, First and Merchants Bank Bldg., Norfolk, VA 23510. To operate as a Common carrier,by motor vehicle, in interstate or foreign commerce, over irregular routes, transporting General commodities (except classes A and'B explosives, commodities in bulk, and those requiring special equipment), between Norfolk, VA, Dahlgren, VA, Indian Head, MD, Patuxent River, MD, and Washington, DC, restricted to the transportation of traffic having an immediately prior or subsequent movement by air. (Hearing site: Norfolk or Richmond, VA) Passenger Authority MC 145482 (Sub-IF), filed March 19, 1979. Applicant: INNER CIRCLE QONEXIONS, INC., 245 Park Avenue, Belford, NJ 07718. Representative: 40593 Sunshine Act Meetings VoL 44. No. 1 Wednesday, July 11, 1979

This section of the FEDERAL REGISTER Board's action by notation and should 552b[c(9)(B) and 14 CFR Section contains notices of meetings published take place as soon as possible so that 310b.5(9)(B) and that this meeting may under the "Government in the Sunshine the Board's consideration of this phase be closed to public observation. Act" (Pub. L 94-409) 5 U.S.C. of the matter be completed 552b(e)(3), as soon as GaryJ.Edira possible. Accordingly, at the July 2.1979 D.puty Geneal Counse open meeting, the following Members CONTENTS have voted that'agency business requires that the Board consider this BRIM~lcooe 6emo-i-ur item item on less than seven days' notice and Civ Aeronautics Board ...... 1.2 that no earlier announcement of the 2 Federal Election Commission ...... 3 addition was possible: Federal Mine Safety and Health [M-233, July 5, 1979] Review Commission ...... 4, 5 Chairman, Marvin S. Cohen CIVIL AEROKAUnCS Federal Reserve System ...... 6 Member, Richard J. O'Melila BOARD. National Council on Educational Re- Member, Elizabeth I. Bailey TIME AND DATE 10 a.n. July 1. 1M. Member, Gloria Schaffer search ...... 7 PLACE: Room 1027,1825 Connecticut Nuclear Regulatory Commission.... 8 Public disclosure, particularly to Avenue, N.W., Washington. D.C. 20428. Occupational Safety and Health Review Commission ...... - foreign governments, of opinions, SUBJECT:. 9 evaluations and plans Postal Service ...... 10 related to these 1. Ratification of items adapted by matters could seriously compromise the notation. 1 ability of the United States to achieve 2. HJR 3570-Paperwok and Redltape agreements which could be in the best Reduction Act of 179. (Memo No. 8949, [M.-231, AmdL 11OJuly.5, 1979] interests of the United States. oCC) Accordingly, the following Members 3. TAPs projsed transatlantic no7mal CIVIL'AERONAUTICS BOARD. believe that public observation of this economy fare increases. (Memo No. ag3 Addition and closure of item to the meeting would involve matters the BIA) July 3,1979, agenda. premature disclosure of which would be 4. Docket 323%6 Aice D, Walac. v. TIME AND DATE: 10 a.m., July 3,1979. likely to significantly frustrate Capitol tern Iatiar,ay lea.. discretionary review, on BCP petiti.n ofAL PLACE: Room 1011,1825 Connecticut implementation of proposed agency dismissal of Part ZZ2 "no-smoking" Avenue NW., Washington, D.C. 20428. action within the meaning of the enforcement proceeding (Memo No. 892 SUBJECT: 18. Dockets 35455 and 35521- exemption provided under 5 U.S.C. OCC) Applications of Braniff for restriction 552(b](9)(B) and 14 CFR section 5. Dockets 316= and 31625, Miae!David removal under section 401(e)(7)(B) of the 310b.5(9J(B) and that this meeting should Beelerand Afartla Roser&erg v. DeltaAir Act and expedited, nonhearing be closech Linn.lire. discretionary review, on petitias. procedures of ALJ dimissal of Part 252 "nmo-smoking" under Subpart Q. Discussion Chairman. Marvin S. Cohen enforcement proceeding. (Memo No. 891 of U.S.-South America Aviation Member, Richard J.O'Melia OGCQ Relations and Negotiation Strategies Member, Elizabeth E.Bailey . Docket 35578, s]aYIntemat.,i7:af Member, Gloria Schaffer (BI1A). Airla. hr. Erfarcemezt ProcedirJOrder STATUS: Closed. Persons Expected To Attend 79-5-127-T's motion to stay proceedin g PERSON TO CONTACr: Phyllis T. Kaylor, Board Members.--Chairman panding Bnard action on TWI's motion to Marvin S. dismiss. (OGC) the Secretary. (202) 673-5068. Cohen; Member, Richard J.O'Melia: Member Elizabeth F. Bailey; and Member 7. Elimination of the remaining off-route SUPPLEMENTARY INFORMATON: The charteres trctions. (CC= BDA] Board originally voted' that Gloria Shaffer. this item be Assistants to Board Members.-Mr. David &Docket 3208 Application of Travelai, placed on the agenda for the July 3,1L979 Kirstein. Mr. James L Deegan. Mr. Richard AG for Indirect foreign air carrier permiL meeting to insure that the matter of Fl.Klem, and Mr. Steven H. Lachter, Objections filed to Show Cause Order. Braniff's application be considered in Office of the General CounseL-Mr. Philip J. (Memo No. $109-B, BIA. OCC, BLJ) accordance with the Board's rules Bakes, Jr. and Mr. Michael Schopr. 9. Docket 32294, us.-Balzras ertice governing expedited procedures. Bureau of International Aviation.-Mr. In vcsialian,Discretin-ary reviewr. COGC) The 10. Dockets 2025. 33139. 34=s, 340; Board took its initial actionby notation Rosario I.ScibIlia, Mr. Peter Rosenow. and Mr. Parlen L McKenna. American Samoa's renewed petition for on July 2,1979. The applications restoration of adequate air service; requested removal General Director. International and Domestic of certain restrictions Aviation.-M E. opplicatlons of South Pacifia. Hawaiian and attached to Braniff's US.-South America Michael Levine. Bureau of Consumer Protection.-Mr. John T. Aeroamerica. respectively, for certiffcate certificate authority. Because Golden. authority. (BDA) international authority was involved, Office of Economic t.nalyss.-Mr. Robert KL 11. Dockets 3716.327K 32810,32841. the Board needed to hold its discussion Frank. 35440, 35539, 3335. 35578, 33710, and 35631; of the international negotiations aspect Office of the Secretary.--Mrs. Phyllis T. Alaska Airlines' petition for order to show of this matter in closed session. The Kaylor, Ms. Deborah Lee, and Ms. Louise R. cause or motion forhearing on its certificate application for Seattle-San Francisco/Los discussion is still necessary despite the Patrick. Angeles unrestricted authority; Continentals, General Counsel Certification Northwest's, and Hughes Airwrest's 'The first vote to add this dosed item on-short applications requesting similar authority notice was takea at the Board's June 28.1979 I certify that this meeting may be and Sunshine meeting motions to cnsolidate; Pacific Southwest closed to the public under 5 U.S.C. Airlines' motion foe hearing on its certificate 40594 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Sunshine Act Meetings application for Seattle-San Francisco/Los Delivery Tariffs Filed with the Board. (BDA, announcement of the meeting was Angeles/San Diego unrestricted authority; OGC) possible. 23. Docket 29387, Part 288-Draft finalrule Western's, Hughes Airwest's and Braniff's CONTACT PERSON FOR MORE INFO: Jean establishing a fuel surcharge applicable to applications requesting similar authority and Ellen, 202-653-5632. motions to consolidate; Hughes Airwest's Categories A and B MAC minimum rates IS-1360-79 Flied 7-9-79 11:11 aml application for removal of stop restrictions effective June 1, 1979, reflecting May 1979 fuel between Seattle and certain California prices. (BDA) BILLING CODE 6820-12-M markets and motion to consolidate; Hughes: 24. Dockets 35455 and 35521-Applications Airwest's application to remove stop of Braniff for restriction removal under 5 restriction on Orange County-Sn' Francisco; section 401(e](7](B) of the Act and expedited, and Pacific SouthWest Airlines' application nonhearing procedures under Subpart Q. July 9,'979. Aviation for Orange County-San Francisco authority Discussion of U.S.-South America FEDERAL MINE SAFETY AND HEALTH Negotiation Strategies. (BIA) and motion to consolidate. (Memo No. 8950, Relations and REVIEW COMMISSION. BDA, OGC, BLJ) STATUS: Open (Items 1-23); Closed (Item TIME AND DATE: 10 a.m., July 11, 1979. 12. Dockets 35321 and 35488, Continental's 24). and Ozark's Applications for Denver-Omaha/ PLACE: Room 600,1730 K St., N.W., Des Moines and Omaha-Des Moines nonstop PERSON TO CONTACT:. Phyllis T. Kaylor, Washington, D.C. authority. (Memo 8964, DBA) the Secretary, (202) 673-5068. STATUS: Open. 13. Docket 35793, Frontier's application for SUPPLEMENTARY INFORMATION: SeeM- MATTERS TO BE CONSIDERED: Denver-El Paso nonstop authority. (BDA) 231, Amdt. 10 for explanation of Closure. 14. Dockets 28755, 29462, and 33213; United The Commission will consider and act IS-1368-79 Filed 7---79; 3:54 pml upon the following: Air Lines Route Realignment and related BILLING CODE 6320-01-M matters. (BDA) 5. Halquist Stone Company, Inc., VINC 79- 15. Dockets 34776, 35016, 35002, 35009, 118-PM (Petition for Discretionary Review), 33876, 34999, 35014, 33581, 35005, 35044, 34993, 3 34970, 34984, 35003, 34989, 33754, and 33524; It was determined by a unanimous St. Louis/Salt Lake City Show-Cause FEDERAL ELECTION COMMISSION. vote of Commissioners that Commission Proceeding,Petition of Western for FEDERAL REGISTER NO. FR-S-1 339. business required that a meeting be held reconsideration of manner in which its PREVIOUSLY ANNOUNCED DATE AND TIME: on this item and that no earlier certificate for Route 19 was amended in Wednesday, July 11, 1979, at 10:00 a.m. announcement of the meeting was Order 79-6-26. (Memo No. 8499-B, BDA) possible. 16. Dockets 35372, 35882. 33115, 34656, CHANGE IN MEETING: CONTACT PERSON FOR MORE INFO: Jean 35418, 35504, 33298, 35509, 35502, 33315 33524, 33562, 33581, 33671, 35510, 33674, 35505, 33876, The following item has been added to Ellen, 202-653-5632. 35500. 34019, 34570, 34067, 35559, 35497, and the open portion of the meeting- 1S-1305-79 Filed 7-9-79-.3:42 pm] 34776; Salt Lake City Show-Cause Joint public notice to be issued by BILUNG CODE 6820-12-M Proceeding-Variousapplications for Comptroller of the Currency and the FEC. nonstop Salt Lake City authority at various points. (Memo No. 8412-I, DBA) The following item has been cancelled 6 17. Docket 35271, Application of Trans from the open portion of the meeting. FEDERAL RESERVE SYSTEM. World Airlines for an exemption, until Index pricing policy. TIME AND DATE: 3:30 p.m., Monday, July September 30, 1979, to authorize unrestricted nonstop operations on five Boston/ PERSON-TO CONTACT FOR INFORMATION: 16, 1979. Washington-Chicago flights otherwise Mr. Fred S. Eiland, Public Information PLACE: 20th Street and Constitution prohibited by a certificate restriction. (BDA, Officer, Telephone: 202-523-4065. Avenue NW., Washington, D.C. 20551. oCC) Marjorie W. Emmons, STATUS: Open.. 18. Dockets 33343, 33827, 33828, and 34081; Secretary to the Commission. Continental's Application to delete Lawton/ MATTERS TO BE CONSIDERED: Ft. Sill and Wichita Falls; Continental's IS-1364-79 Filed 7-9--79 3.02 pml Summary Agenda notices to terminate service at Lawton/Ft. Sill BILLNG CODE 6715-01-M and Wichita Falls. (Memo No. 8441-A, BDA, Because of its routine nature, no substantive discussion of the following OCCR) 4 19. Docket 34203, 34666, and 31411; Notice i/ -. item is anticipated. This matter will be of Allegheny to terminate service at Catskill/ July 6, 1979. voted on without discussion unless a Sullivan County; Notice of Ransome to FEDERAL MINE SAFETY AND HEALTH member of the Board requests that the terminate service at Catskill/Sullivan REVIEW COMMISSION. item be moved to the dlscfission agenda. County; Agreement between Allegheny and Ransome. (Memo No. 8535-D, BDA, OCCR) TIME AND DATE: 10 a.m., July 11, 1979. 1. Requests by the Commodity Futures 20. Docket 35534, Frontier Airlines' notice Trading Commission for Board comment on PLACE: Room 600, 1730 K St., N.W., several proposals to trade futures contracts of intent to terminate service at Flagstaff, Washington, D.C. Arizona under section 4010)(1) and 419(a)(3) .for delivery of U.S. Treasury Securities, and in three Flagstaff nonstop and single- STATUS: Open. Discussion Agenda plane markets under section 401(j)(2). (Memo MATTERS TO BE CONSIDERED: 1. Proposal that the Board amend No. 8962, BDA, OCCR) Regulations D (Reserves of Member Banks) 21. Docket 34762, Application of Andrall E. The Commission will consider and act upon the following: and Q (Interest on Deposits) to exempt Pearson and Trans World Airlines, Inc. deposits of specially designated International (TWA) for approval of interlocking 4. Waukesha Lime & Stone Company, Inc., Banking Facilities from reserve requirements relationships involving TWA and PepsiCo., VINC 79-66-PM (Petition for Discretionary and interest rate restrictions, (Proposed Inc. (PepsiCo) and for disclaimer of Review). earlier for public comment; docket no, R- jurisdiction over those involving TWA and 0214) Trans World Corporation (TWC). (Memo No. It was determined by a unanimous 2. Any agenda items carried forward from 8954, BDA) vote of Commissioners that Commission a previously announced meeting. 22. Notice of Proposed Rulemaking to business required that a meeting be held Note.-This meeting will be recorded for Eliminate the Remaining Pick-up and on this item and that no earlier the benefit of those unable to attend: Federal Register /Vol. 44, No. 134 1 Wednesday, July 11, 1979 / Sunshine Act Meetings 40595

Cassettes will be available for listening in the Administrative" Coordinator, Telephone: Dated: July 6.1979. Board's Freedom of Information Office, and 202/254-7900. IS-1W4/,-72 FtL'd7-9 ii1,1 am l copies may be ordered for $5 per cassette by Peter IL Gerber, B(JJNG COOE 7$0041-M, calling (202) 452-3684 or by writing to: Chief,Policy andAdministrative Freedom of Information Office. Board of Coordination,National Council on 10 Governors of the Federal Reserve System, EducationalResearch. Washington, D.C. 20551. [S-1353-79 Flied 7--,79 34 ;2 POSTAL SERVICE. CONTACT PERSON FOR MORE B(LUNG CODE 4110-32-M Vote To Close Meeting INFORMATION: Mr. Joseph R. Coyne, On July 5.1979, the Board of Assistant to the Board, (202) 452-3204 8 Theodore E. Allison, Governors of the United States Postal NUCLEAR REGULATORY COMMISSION. Service voted to close to public Secretary. TIME AND DATE: Week of July 9,1979. observation a portion of its meeting 15-1368-79 Fled 7-Q--79-.3:42 pm] currently scheduled for July 6,1979. BONJJG CODE 6210-01-M PLACE: CommissionersConference Room, 1717 H St., NW, Washington, D.C. Each of the members of the Board, except Mr. Sullivan (who voted against STATUS- Open/Closed (Changes). 7 closure) and Mr. Robertson (who was MATTERS TO BE CONSIDERED: absent), voted in favor of partially NATIONAL COUNCIL ON EDUCATIONAL Tuesday, July 10. 3 p.m. closing this meeting, which is expected RESEARCH. Executive Branch Briefing on Export to be attended by the following persons: FEDERAL REGISTER CITATION OF Matters (Approximately 1 hours- Governors Wright, Hardesty, Ching, PREVIOUS ANNOUNCEMENT. S-1310-79, continued from June 19-Closed-Exemption Robertson and Sullivan: Postmaster Filed July 2, 1979, 11:01 a.m. 1-Rescheduled from July 12, 1979. General Bolger, Deputy Postmaster General Conway; Senior Assistant DATE AND TIME CHANGE: July 12,1979, 1 Thursday. July 12,12 (Noon) Postmasters General Finch. p.m.-Recess; July 13, 1979, 9 a.m.-2:30 Affirmation Session (Additional Item). Sommerkamp, Benson and Ulsaker; and p.m. b. Hungerford FOA. Secretary to the Board Cox. PLACE: Room 823, National Institute of Thursday, July, = 13 p.m. The portion of the meeting to be Education. 1200 19th Street NW., Briefing on Enforcement Program-Current closed will consist of a continuation of Washington, D.C. and Planned (Postponed from July 5.1979- the discussion of the Postal Service's Approximately 1 hour-Public meeting). STATUS- Certification has been future planning that will include received possible strategies from the HEW ADDITIONAL INFORMATION: The Order concerning future Office of General postal collective bargaining negotiations Counsel, that in the opinion of that Regarding Request for Hearing in Davis- Besse was held on July 5,1979. The and concerning future postal office, the NCER "wouldbe authorized ratemaking, the discussion of this to close portions Meeting on Staff Review of Operation of of its meeting on July agenda item having been commenced at 12,1979, under 5 U.S.C. Davis-Besse was held on July 5, 1979. 522b(c}(9)(8) and the Board's meeting of June 5,1979, but 45 CFR 1440.2(a)(9) for the purposes of CONTACT PERSON FOR MORE not completed at that meeting. reviewing and discussing with the INFORMATION: Walter Magee, (202) 634- 1410. The Board of Governors is of the Acting Director of NIE, the proposed opinion that public access to any executive branch budget for fiscal 1981, Dated. July 5, 1979., discussion of possible strategies that in particular, the section dealing with Walter Magee, Postal Service managemint may decide the proposed budget and funding Office of the Secretary. to adopt, or the positions it may decide priorities of NIE." Agenda items No. 3 [s-1=43-79 Filed 7-0-7n,93.ml to assert, In any collective bargaining and No. 4 will be CLOSED, the rest of BILLING COoE 7590-01-1 sessions that may take place would be the agenda remain OPEN to the public. likely to frustrate action to carry out MATTERS TO BE CONSIDERED: Agenda 9 those strategies or assert those positiohs Time Change. successfully. In making this OCCUPATIONAL SAFETY AND HEALTH determination, the Board is aware that Thursday. July12 1979 REVIEW COMMISSION. the effectiveness of the collective • 1. Acting Director's Report (1 p.m.-2 p.m.). TIME AND DATE: 10 a.n. on July 24,1979. bargaining process in labor-management 2. Review Discussion: Educational Equity PLACE: Fourth Floor Courtroom, U.S. relations has traditionally depended on (2 p.m.-5 p.m.). Court of Customs and Patent Appeals, the ability of the parties to prepare 3. Closed Session: Budget fiscal year 1981 717 Madison Place, N.W., Washington. strategies and formulate positions (5 p.m.-Recess). D.C. without prematurely disclosing them to the opposite Friday, July 13, 1979 STATUS: Open Meeting. party. The public has a particular interest in the integrity of this 4. Closed Session: Continuation of Budget MATTERS TO BE CONSIDERED: The process as it relates to the Postal fiscal year 1981 (9 a.m.-10 a.m.]. Commissioners will hear and consider Service, 5. Review Discussion: since the outcome of the Dissemination (10 oral argument from the parties in the negotiations between the Postal Service a.m.-12 Noon). matter of Secretaryof Labor v. C. R. 6. Continuation of and the various postal unions, and Review Discussion: Burnett and Sons, Inc., OSHRC Docket consequently Dissemination (1 p.m.-2 p.m.). the cost, quality and No. 78-1103, and Secretary of Labor v. efficiency of postal operations, may be 7. Program Committee Report and Action (2 Harllee Farms,OSHRC Docket No. 78- p.m.-Adjournment). adversely affected if the process is 1105. altered. CONTACT PERSON FOR MORE CONTACT PERSON FOR MORE The Board Is likewise of the opinion INFORMATION. Ella L Jones, INFORMATION: Mrs. Patricia Bausell. that public access to the planned (202) 634-4015. discussion of future postal ratemaking 40596 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Sunshine Act Meetings strategies would be likely to disclose title 5 and section 7.3(j) of title 39, Code matters whose disclosure would be of Federal Regulations, the discussion is inconsistent with the public's interest in exempt because it is likely to having the Board able to provide policy specifically concern the participation of guidance to postal management on the Postal Service in a civil action or ratemaking issues on the basis of candid proceeding. Finally, the Board of exploration of those issues, without Governors has determined that the concern for unreasonably influencing public interest does not require that the particular litigation. A number of these Board's discussion of its possible issues are likely to be the subjects both collective bargaining, ratemakmg, and of administrative litigation during the tentative business planning strategies course of the Postal Service's next and positions be open to the public. general rate proceeding before the In accordance with section 552b(f)(1J Postal ]Rate Commission and of the of title 5, United States Code, and appellate judicial litigation which will section 7.6(a) of title 39, Code of Federal probably follow that proceeding. Regulations, the General Counsel of the Further, the Board is of the opinion United States Postal Service has that public access to the planned certified that in his opinion the portion discussion of the Postal Service's future of the meeting to be closed may properly planning would be inconsistent -with the be closed to public observation, public's interest in having the Board pursuant to sections 552b(c](3), able to provide policy guidance to postal 552b(c(9)(B), and 552b(c)(10) of title 5 management on postal planning without and section 410(c)(2), (3), and (4) of title constraints stemming from a concern 39, United States Code, and sections that premature disclosure of preliminary 7.3(c), 7.3(i) and 7.30j) of title 39, Code of planning data or tentative business Federal Regulations. strategies might unreasonably and Lous A. Cox, unfairly disadvantage the Postal Service Secretary. vis-a-vis its competitors. tS-I--79 Filed 7-9--9. 3-02 pm] Accordingly the Board of Governors BILWNG CODE 7710-12-M has determined that, pursuant to section 552b(c](3) of title 5, United States Code, and section 7.3(c) of title 39, Code of Federal Regulations, the portion of the meeting to be closed is exempt from the open meeting requirement of the - Government in the Sunshine Act (5 U.S.C. § 552b(b)), in that it is likely to disclose information prepared for use m connection with the negotiation of collective bargaining agreements under chapter 12 of title 39, United States Code, which is specifically exempted from disclosure by section 410(c)(3) of title 39, United States Code; and also in that it is likely to disclose information prepared for use in connection with proceedings under chapter 36 of title 39 (having to do with postal ratemaking, mail classification, and postal service), which is specifically exempted from disclosure by section 410(c)(4) of title 39; and also in that it is likely to disclose information of a commercial nature which under good business practice would not be publicly disclosed, this information being specifically exempted from disclosure by section 410(c)(2) of title 39. The Board has determined further that, pursuant to section 552b(c)(9)(B) of title 5, United States Code, and section 7.3(i) of title 39, Code of Federal Regulations, the discussion is exempt, because it Is likely to disclose information the premature disclosure of which Is likely to frustrate significantly proposed Postal Service action, and that, pursuant to section 552b(c)(1O of Wednesday July 11, 1979

Part II

S - Endangered Species Scientific Authority General Provisions and the Convention on International Trade In Endangered Species of Wild Fauna and Flora 40598 Federal Register I Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules

ENDANGERED SPECIES SCIENTIFIC Subchapter A of these proposed Sections 803.5 and 803.6 deal with AUTHORITY regulations codifies provisions appeals from initial decisions by the concerning the composition and Executive Secretary to withhold records [50 CFR Parts 801, 802, 803, 810, 811, fundamental operation of the ESSA, from disclosure. Appeals are to be made 812, and 813] including procedures to comply with the to the ESSA and must be submitted Freedom of Information Act, 5 U.S.C. within 20 days of the date of initial General Provisions and the 552. Subchapter B of these proposed denial. A determination on the appeal Convention on International Trade in regulations would interpret and clarify must be made by the ESSA within 20 Endangered Species of Wild Fauna the authorities and duties of the ESSA days, unless the period is extended In and Flora under the CITES. The CITES requires unusual cases. The appellant must be AGENCY: Endangered Species Scientific the Scientific Authority of each Party notified of the disposition of the appeal Authority. nation to make certain findings and of his right to appeal any denial of concerning the effect of trade on disclosure by the ESSA to a United ACTION: Proposed rulemaking. protected species; to make findings States District Court. concerning the ability of importers to SUMMARY: This proposed. rulemaking Section 803.7 prescribes fees that will would establish procedural and care for living specimens of Appendix I be charged for staff services utilized in interpretive regulations that describe the species; to monitor both export permits retrieving and copying requested composition and fundamental operation and actual exports of specimens of records. The Executive Secretary Is of the Endangered Appendix II species, and, when granted authority to waive the fees Species Scientific appropriate, to advise Authority (ESSA), including procedures the Management whenever he finds such waiver would Authority of "suitable measures to be serve the public interest. to comply with the Freedom of taken to limit the grant of export permits Information Act, 5 U.S.C. 552. In Part 810 would establish definitions for specimens" of Appendix II species; concerning the ESSA's duties under the addition, these regulations would set and to advise forth, interpret and clarify the the Management CITES. Section 810.3, defining "not authorities and duties of the ESSA under Authority on the appropriate disposal of detrimental to the survival of the the Convention on International Trade confiscated specimens. species" is an important interpretation. in Endangered Species of Wild Fauna Description of Parts Proposed The phrase "not detrimental to the and Flora, 27 U.S.T. 10897 (CITES). survival" of the species is used but not Part 801 would establish general defined DATE: specifically in the CITES (CITES All interested persons are invited organizational definitions. Article IV 2). However, the ESSA is to comment on this proposal. Comments Part 802 would describe the obliged by Article IV 3 of the CITES to received by September 10, 1979 will be composition of the ESSA; voting; use its authority to monitor the exports considered in the preparation of final authority and duties of the Chairman of each Appendix II species and to regulations. and Executive Secretary; role of the advise the Management Authority of ADDRESS: Comments should be public and time and place of ESSA suitable measures to limit Appendix II addressed to the Executive Secretary, meetings; and use of outside opinions. exports to maintain each species Endangered Species Scientific Part 803 describes procedures under "throughout its range at a level Authority, 18th & C Streets, NW., the Freedom of Information Act (FOIA). consistent with its role in the Washington, DC 20240. Section 803.2 contains statements as to ecosystems in which it occurs and well FOR FURTHER INFORMATION CONTACT. the availability of ESSA records. The above the level at which the species Dr. William Y. Brown, Executive FOIA generally requires that records be might become eligible for inclusion in Secretary, Endangered Species Scientific made available to the public on request. Appendix I ...... This mandate sets the Authority, 18th &C Streets, NW., Exemptions from the disclosure parameters within which the ESSA's Washington, DC 20240, 202-653-5948. requirement, provided by statute, are finding should be made. stated, along with a policy disfavoring SUPPLEMENTARY INFORMATION: On April 10, 1978, the ESSA published withholding ESSA records from a discussion of the meaning of "not General Background disclosure. detrimental to the survival" of the Section 803.3 states the requirements species, indicating an approach more These proposed regulations'would for a request for records and the action integrate several of the procedural and conservative than maximum sustained to be taken on such requests. Provision yield (MSTY) (43 FR 15097]. Maximum interpretive policies of the ESSA, and for consideration of requests for would add certain new elements to sustained yield traditionally has been documents falling into specified considered to be the largest harvest these policies. Although the entire categories is set forth experience in § 803.3(c). level that can be maintained year after of the ESSA has been used, Section 803.4 describes this proposal particularly draws upon the actions year without reducing a population. The the CITES and on Executive Order that will be taken on initial requests for approach of the April 10 notice was 11911 records. The Executive Secretary would (41 FR 15683), as well as on the ESSA's followed for 1978-1979 export findings Interim Charter, 42 FR 35799; Policy on take action on these initial requests, on bobcat, lynx, river otter and subject to appeal by the requester to the American ginseng (43 FR 39305). Import of Appendix I Specimens, 42 FR ESSA 42296; Procedures for Public Attendance as a committee. Criteria for Section 810.3-proposes a new at Meetings, 43 FR granting or denying a request are stated definition for "not detrimental to the 7341; Guidelines and and Information Needs for 1978-1979 Export the contents of a response to a survival of the species." In making request are specified. findings on detriment, the ESSA would Findings, 43 FR 15097; and our Limitations experience with exports of bobcat, lynx, on time for processing an focus its review on population river otter and American ginseng, initial request are stated along with a characteristics as they may be impacted summarized in 43 FR 29469 and 43 FR provision that failure to respond within by trade and are descriptive of long- 39305. the time period specified can be treated term trends in distribution and as a denial of the request. These abundance of affected populations. An requirements are contained in the FOIA. initial judgment would be made whether Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules 40599 trends in density, birth rate, mortality, or institutions, management decisions institutions recommended by the other measures of population attributes should include a safety factor. Conference of the Parties (Second indicate that the population is capable 3. Conservation of one resource Meeting. San Jose. Costa Rica. 19 to 30 of maintaining itself or increasing within should not cause waste of another. March 1979; Corm. 2.1). Article VII 6 of its occupied range. This judgment will 4. Use of a wild living resource should the CITES provides an exemption from address the population throughout its be preceded by survey and analysis of requirements of the regulation of trade range, as will the other three criteria of the species and ecosystem involved and in specimens of species included in this definition, and may accomplish this should be accompanied by continuous Appendices 1.1 and III for "non- objective by making separate judgments monitoring and assessment, the results commercial loan, donation or exchange on detriment for subunits defined to be made available to the public. between scientists or scientific biologically, by geographic separation. (Sixth Annual Report of the Council on institutions registered by a Management or by political boundaries (e.g., state or Environmental Quality, December 1975, Authority of their State. of herbarium country). pp. 405-407.) specimens, other preserved, dried or Second, a judgment would be made Pending development of a more embedded museum specimens. and live whether the population's distribution is precise definition..we expect to address plant material which carry a label not currently being reduced by harvest the concept of scientific wildlife issued or approved by a Management or is expanding. management in our periodic general Authority". The Conference directed Third, a judgment would be made findings for these species. each Party nation's Scientific Authority whether exploitation and other human Part 811 concerns CITES permits. to advise whether scientific institutions influences are controlled, when § 811.01 distinguishes the choice and meet the recommended standards. necessary, to prevent removal or loss of nature of ESSA findings on individual Parts 812 and 813 are intended to more individuals than can be replaced permits as opposed to general findings clarify the more general responsibilities by the population. applicable to a class of permits. The of the ESSA. Last, the ESSA would evaluate any ESSA may in certain circumstances Publication of these proposed available information that allows make general findings on an entire class regulations has been approved by the comparisbn of the current population of permits when the volume of trade is Endangered Species Scientific distribution and abundance with historic significant and it would not be practical, Authority. qJ norms. As for the determinations above, for purposes administration or Note.--The ESSA has determined that this this may be done for subunits of the review, to address permit applications document doeFnot contain a significant rule population. When such a comparison is on a case by case basis. In addition, as defmed by Executive Order 120-4 possible, a finding of no detriment § 811.1 specifies procedures for would be made only if the distribution establishment and revocation of general Dated: July 5.199. and abundance approach or are findings. The remainder of part 811 William Y. Brown. progressing towards historic norms to essentially restates well-established E&ccUive Secretary. the extent suitable habitat exists and ESSA policy. Accordingly It is proposed to amend consistent with scientific wildlife Section 811.4 would provide standards chapter VIII to Title 50 as follows: management. In any event, the for findings on imports of Appendix I 1. Add a heading for Subchapter A of population distribution and abundance specimens. Prior to the issuance of any Chapter VIII: "General Provisions." must reflect scientifically proper wildlife import permit for Appendix I specimens, 2. Add a heading for Subchapter B of management. Only an approximate the CITES requires that the Scientific Chapter VIII "Convention on definition of this final clause is possible Authority of each Party nation advise International Trade in Endangered at this time. The concept of scientific the Management Authority that "the Species of Wild Fauna and Flora." management was discussed in our April import will be for purposes which are 10, 1978, Federal Register notice (43 FR 3. Add a table of contents for Chapter not detrimental to the survival of the VIIL 15097), including an endorsement of the species." The ESSA views such a finding following principles developed by the as different from a finding of"not 4. The annexes currently attached to Part 810 are trasferred to Part 811. referenced workshops: detrimental to the survival of the In February and April 1975, the U.S. species" and proposes standards .-.hich 5. In Subchapter A. add parts 801. 802 Appeal of the World Wildlife Fund, the are intended to ensure appropriate 803. tcological Society of America, the limitations and safeguards on, trade In 6. In Subchapter B, revise Part 810 and International Union for Conservation of these most threatened species. add Parts 811, 812, and 813. Nature and Natural Resources, the Section 811.5 would implement the The amended Chapter VIII reads as Smithsonian Institution and the Council interim policies published by the ESSA follows: on Environmental Quality sponsored on April 30,1979, concerning the CHAPTER VIII-ENDANGERED workshops on developing a better findings on trade in specimens of scientific basis for management of species included in the appendices to SPECIES SCIENTIFIC AUTHORITY fisheries and other critical living control trade in other species. The SUBCHAPTER A--GENERAL PROVISIONS resources. The major conclusion was CITES provides for regulation of trade in Part that no simple formula, such as MSY, is certain species when such regulation is 8 1 General suitable. Rather, scientific management needed to effectively control trade in W2 Composition and Fundamental must consider a species in relation to its species that are or may become Operation. ecosystem, and any system must threatened with extinction. This section 803 Freedom of Information Act Procedures. conform to four principles: provides standards to help ensure that SUBCHAPTER B-CONVENTION ON 1. Resources should be managed to this purpose is fulfilled, through a INTERNATIONAL TRADE IN ENDANGERED prevent irreversible or long-term finding relating to the status of the SPECIES Of WILD FAUNA AND FLORA adverse changes. species meant to be protected. 810 Ceneral 2. Because of inadequacies in Section 8B.6 would adopt standards 811 Permits. knowledge and in management for the registration of scientific 812 CITES appendices. 813 CITES text and implemantation. nnnn Afl~flflPd~ra1 Reul~qter / Vol. 44. No. 134 I Wednesday, July 11, 1979 "/ Proposed Rules nann Federal Revister I ol. 44, o. 134 / Wednesday, July 11, 1979 / Proposed Rules Ensure that the outside opinion PART 801-GENERAL shall designate one such representative from his agency. provision of § 802.6 is fulfilled before § 801.1 Definitions. (1) Thd Secretary of the Interior, decisions are made the the ESSA. policies Chairman of whose representative shall be the (d) Carry out the established "Chairman" means the of the ESSA. the Endangered Species Scientific Chairman. and directives on behalf of the Authority designated by the Secretary of (2) The Secretary of Agriculture. (e] Take actions 3(b) of ESSA pursuant to any authority it may the Interior pursuant to § (3) The Secretary of Commerce. grant. Executive Order 11911. (4) The Secretary of Health, (f) Maintain the records of the ESSA, "Endangered Species Scientific Education, and Welfare. (g) Arrange the administrative support Authority", abbreviated-in this chapter (5) The Director of the National federal commission for the ESSA. as ES.SA, means the Science Foundation. (h) Supervise the staff of the ESSA, of this name established by § 3(a) of (6) The Chairman of\the Council on Executive *Order11911 and designated Environmental Quality. §802.5 Meetings. the Scientific Authority for purposes of (b) The Secretary of the Smithsonian (a) Time andplace.Unless otherwise the Convention on International Trade Institution is invited to designate a decided by the ESSA, meetings will be in Endangered Species of Wild Fauna representative. held the first Tuesday of each month at and Flora. Although ESSA Members federal agency represented the Main Interior Building, 18th &C heads of various agencies, (c) Each represent the on the ESSA and the Smithsonian Streets, N.W., Washington, D.C. actions taken by Members as Institutions shall provide the Executive Verification of the time and place of representatives to the ESSA do not particular meetings, including hour and of Secretary with the name, position, necessarily represent the positions address, and phone number of its room number, may be obtained by their agencies on those matters. representative, and of an alternate. contacting the Office of the Executive "Executive Secretary" means the I Secretary, Endangered Species Scientifio Executrive Secretary of the ESSA § 802.2 Majority voting. Authority, 18th &C Streets N.W., designated by the Secretary of the Any action of the ESSA for which a Washington, D.C. 20240, (202) 653-5948. Interior pursuant to § 3(d) of Executive vote is taken, shall be decided by a Meetings may be canceled or Order 11911. simple majority of those members rescheduled without public notice at the "Management Authority," abbreviated present and casting an allirmative or discretion of the Chairman or Executive in this chapter as MA, means the negative vote. A quorum shall consist of Secretary. Secretary of the Interior as designated at least five Members or their alternates. (b) Public attendance.A public by § 1 of Executive Order 11911. Positions taken by the ESSA Members comment period will begin each "Member" means those agency do not necessarily represent the regularly scheduled ESSA meeting and representatives to the ESSA designated positions of those agencies whose generally will be limited to one-half hour pursuant to § § 3 (b) and (c) of Executive representatives serve on the ESSA, and or less. Any person may make a public Order 11911. any interagency procedures adopted by statement or comment on ESSA matters Authority: Convention on International the ESSA are independent of any during a comment period, provided a Trade in Endangered Species of Wild Fauna procedures that may be adopted by prior appointment is made with the and Flora, opened for signatureMarch 2, those agencies whose representatives Executive Secretary of the ESSA, 1973, T.I.A.S. No. 8249, 27 U.S.T. 1087; serve on the ESSA. Appointments wiltbe made on a first- Endangered Species Act of 1973, 16 U.S.C. come, first-served basis, but the 1531 et seq.; Executive Order 11911, 41 FR § 802.3 Authorities and duties of the Chairman or Executive Secretary may 15683, 3 CFR 112-114 (1977). Chairman. limit the number and length and arrange The Chairman of the ESSA shall: PART 802-COMPOSITION AND the order of statements at their (a) Convene and preside at each FUNDAMENTAL OPERATION discretion. meeting of the ESSA, unless the Following the public comment period Sec. Chairman's alternate, a Member, or the at regular ESSA meetings, members of 802.1 Membership. Executive Secretary has been the public may remain as observers 802.2 Majority voting. specifically authorized by the Chairman except when the ESSA Is in executive 802.3 Authorities and duties of the to undertake this responsibiltiy. is Chairman. session. No prior appointment 802.4 Authorities and duties of the (b) Represent the ESSA as necessary necessary to attend a regular ESSA Executive Secretary. and appropriate. meeting as an observer, However, 802.5 Meetings. (c) Take actions on behalf of the persons without appointments cannot be 802.6 Outside opinions. ESSA pursuant to any authority that it guaranteed seating. Authority: Convention on International may grant. Periods of public observation will end Trade in Endangered Species of Wild Fauna (d) Supervise on behalf of the ESSA and executive sessions of ESSA and Flora, opened for signatureMarch 2, the activities of the Executive Secretary. Members, staff, and invited Federal 1973, T.I.A.S. No. 8249, 27 U.S.T. 1087; / officials, will begin at the discretion of Endangered Species Act of 1973,16 U.S.C. § 802.4 Authorities and duties of the the Chairman or upon the motion of any 1531 et seq.; Executive Order 11911, 41 FR Executive Secretary. Members, unless a majority of Members 15683, 3 CFR 112-114 (1977]. The Executive Secretary of.the ESSA object. Each regular meeting will end § 802.1 Membership. shall: with an executive session. (a) Arrange for and organize the information on the date, be composed of To obtain (a) The ESSA shall meetings of the ESSA. time and place of ESSA meetings, or to scientifically qualified agency that adequate information make appointments for public representatives. Each of the following (b) Ensure and advice on potential actions statements or comment, contact: requiring the attention of the Members is Executive Secretary, Endangered put before the ESSA in a timely fashion. Species Scientific Authority, 18th & C Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules 40601

Streets, NW, Washington, DC 20240. (2) Related solely to the internal § 803.3 Request for records. (202) 653-5948. personnel rules and practices of the (a) Requests to inspect and obtain ESSA copies of records maintained by the § 802.6 Outside opinions. (3) Specifically exempted from ESSA may be made in writing to the In the discharge of its responsibilities disclosure by statute; Executive Secretary, Endangered the ESSA shall, to the extent (4) Trade secrets or commercial or Species Scientific Authority, 18th and C practicable, ascertain the views of, and financial information obtained from a Streets NW, Washington, DC 20240. utilize the expertise of, the governmental person and privileged or confidential; (b) Each request shall reasonably and non-governmental scientific (5) Inter-agency or intra-agency describe the record sought and should communities, state agencies responsible would provide sufficient information to and memorandums or letters which for the conservation of wild fauna not be available by law to a party other facilitate retrieval of the record without flora, humane groups, zoological and undue delay. The ESSA staff shall assist botanical institutions, recreational and than an agency in litigation with the ESSA, to the extent practicable in identifying commercial interests, the conservation records that are imprecisely described community and Others as appropriate. (6) Personnel and medical files and by the person re'questing the records. If similar files, the disclosure of which the description of a record sought is PART 803-FREEDOM OF would constitute a clearly unwarranted insufficient to all identification and INFORMATION ACT PROCEDURES invasion of personal privacy; location of the record, the response Sec. (7) Investigatory records compiled for denying a written request shall so state 803.1 Purpose and scope. law enforcement purposes, but only to and, to the extent possible, indicate 803.2 Records available. the extent that the production of such what additional descriptive information. -803.3 Request for records. records would: if any, would assist in the location of the 803.4 Action on initial requests. (i) Interfere with enforcement record. 803.5 Appeals. 803.6 Action on appeals. proceedings; (c) A request for all records falling 803.7 Fees. (ii) Deprive a person of a right to a fair within a reasonably specific category Authority- Convention on International Trade trial or an impartial adjudication; shall be regarded as conforming to the in Endangered Species of Wild Fauna and (iii) Constitute an unwarranted statutory requirement that records be Flora, opened for signatureMarch 2,1973, invasion of personal privacy; reasonably described if (1) it can be T.LA.S. No. 8249.27 U.S.T. 1087; Endangered (iv) Disclose the identity of a determined which particular records are Species Act of 1973,16 U.S.C. 1531 et seq.; covered by the request and (2] the Executive Order 11911. 41 FR 15683,3 CFR confidential source and, In the case of a record compiled by a criminal law records can be searched for, collected 112-114 (1977); Freedom of Information Act. 5 and produced without unduly burdening U.S.C. 552. enforcement authority in the course of a criminal investigation or by an agency or interfering with ESSA operations § 803.1 Purpose and scope. conducting a lawful national security because of staff time consumed or the These regulations implement the intelligence investigation, confidential resulting disruption of the files. provisions of the Freedom of information furnished only by the § 803.4 Action on Initial requests. Information Act. 5 U.S.C 552, relating to confidential source; the availability of agency records. They (a) The Executive Secretary shall (v) Disclose investigative techniques determine whether an initialrequest of establish procedures under which the and procedures, or phiblic may inspect and obtain copies of records is to be granted or denied. (vi) Endanger the life or physical (b) Grantingof requests. (1) A records maintained by the ESSA, safety of law enforcement personnel; provide for administrative appeals of requested record shall be made initial determinations to deny requests (8) Contained in or related to available if the record is not exempt for records and prescribe uniform fees to examination, operating, or condition from disclosure, or if the record is be charged by-the ESSA to recover reports prepared by, on behalf of, or for exempt from disclosure but its direct search and duplication costs. the use of an agency responsible for the withholding is neither required by regulation or supervision of financial statute or executive order nor supported § 803.2 Records available. institutions; or by sound grounds for non-disclosure. (a) The records of the ESSA shall (9) Geological and geophysical (2) When a requested record has been promptly be made available to the information and data, including maps, determined to be available, the person. public upon request in accordance with concerning wells. making the request will be so notified the procedures of this part. It is the (c) It is the policy of the ESSA to immediately. The notification will also policy of the ESSA to make its records withhold information falling within an state where and when the record is available to the public to the greatest exempt category as described in available for inspection or, as the case extent possible in keeping with the spirit paragraph (b) only if disclosure is may be, where and when copies will be of the Freedom of Information Act. prohibited by statute dr executive order available. If fees are due under § 803.07, (b] Records falling into certain and sound grounds exist for invocation the notification will state the amount of categories may be exempted from of the exemption. fees due. disclosure. Requests for disclosure of (d) If a requested record contains (c) Danialofrequests. (1) A request records may be denied if they contain material within an exempt category for a record may be denied only if it is matters that are: along with material not within an determined that the record is exempt (1) Specifically authorized under exempt category and it is determined from disclosure and that the withholding criteria established by an Executive under the regulations of this part to of the record is required by statute or Order to be kept secret in the interest of withhold the exempt material, any executive order and supported by sound national defense or foreign policy, and reasonable segregable non-exempt grounds for non-disclosure. are in fact properly classified pursuant material shall be separated from the (2) A reply denying a request shall be to such Executive Order, exempt material and be made available. in writing and shall include: Federal Register / Vol. 44, No.'134 / Wednesday, July 11, 40602 1979 / Proposed Rules 40602 Federal Register / Vol. 44, No. 134 1 Wednesday, July 11, 1979 / Proposed Rules (i) A reference to the specific (b) An appeal must be received no limit the requester shall be informed of exemption or exemptions under the later than twenty (20) days (Saturdays, the reason for the delay, of the date on Freedom of Information Act authorizing Sundays, and public legal holidays which a determination may be expected the withholding of the record; excepted) after the date of the initial to be dispatched and of his right to seek (ii) The reasons for the withholding of denial, in the case of a denial of an judicial review. The requester may be entire request, or twenty (20) days asked to consider delaying resort to his the records; right to judicial review until the date on (iii) A listing of the names and titles or (Saturdays, Sundays, and public legal holidays excepted) after records have which the determination on his appeal is positions of each person responsible for expected to be dispatched. the denial; and been made available, in the case of a denial. Cc) The final determination on an that the denial may partial (iv) A statement (c) An appeal shall be initiated by appeal shall be in writing and shall state be appealed to the ESSA in accordance filing a written notice of appeal. The the basis for the determination. If the the provisions of § 803.5. with notice shall be accompanied by copies determination is to release the requested (3) The requirements of this paragraph of the original request and the initial records or portions thereof, the do not apply to requests denied under denial and shall contain a statement of Executive Secretary will be instructed to § 803.02 on the ground that the request the reason why the requester believes immediately make the records available. did not reasonably describe the records the initial denial to have been in error. If the determination upholds in whole or requested or that the request was for The appeal shall be addressed to part the initial denial of a request for records that do not exist. Endangered Species Scientific records, the determination shall advise (d) Time Limits. (1) A determination Authority, 18th and C Streets, NW, the requester of his right to obtain whether to grant or deny a request for Washington, DC 20240. judicial review in the United States records shall be made within no more District Court for the district In which than 10 days (excepting Saturdays, § 803.6 Action on appeals. the withheld records are located, or in Sundays and legal holidays) after (a) Appeals from initial denials of which the requester resides or has his receipt of the request. requests for records shall be decided by principal place of busines or In the (2) In the following unusual the ESSA. United States District Court for the circumstances, the'time limit for acting -(b) Time Limit. (1) A final District of Columbia. upon an initial request maybe extended determination on any appeal shall be to the extent reasonably necessary for made within 20 days (excepting § 803.7 Fees. the proper processing of the particular Saturdays, Sundays, and public legal The following standard charges for request, but in no case may the time -holidays) after receipt of the appeal. document search and duplication, based limit be extended for more than 10 (2) If the time limit for responding to on the direct costs of such services, must working days: the initial request for a record was not be paid before access to, or copies of (i) The need to search for and collect extended under the provisions of material will be granted under these the requested records from field § 803.4(d)(2) or was extended for fewer regulations:, facilities or other establishments that than 10 working days the time for (1) Search; $6.00 per person-hour for are spearate from the office processing processing of the appeal may be clerical time; $12.00 per person-hour for the request; extended by the ESSA to the extent pr'ofessional or supervisory time. (i) The need to search for, collect, and reasonably necessary for the proper (2) Duplication; $0.10 per page of appropriately examine a voluminous processing of the appeal, but in no event photocopied material. amounts of separate and distinct may the extension, when taken together (b) The ESSA shall furnish without records which are demanded in a single with any extension made during charge, or at a reduced charge, copies of request; or processing of the initial request, result in any records disclosed pursuant to these (iii) The need for consultation, which an aggregate extension with respect to regulations, whenever the Executive shall be conducted with all practicable any one request of more than 10 working Secretary determines that waiver or speed, with another agency having a days. The time for processing of an reduction of the fee is in the public substantial interest in the determination appeal may be extended only if one or interest because furnishing the niore of the unusual circumstances listed information can be considered as of the request. ,in § 803.4(d)(2) Extensions of time may be granted by requires an extension. primarily benefiting the general public, the Executive Secretary and the person The Chairman shall, in writing, advise SUBCHAPTER B-CONVENTION ON requesting the records shall be notified the appellant of a decision of the ESSA INTERNATIONAL TRADE IN ENDANGERED in writing of the extension, of the to extend the time period for SPECIES OF WILD FAUNA AND FLORA reasons for the extension and of the determination of the appeal, of the date on which a determination on the reasons for the extension and of the PART 810-GENERAL is expected. date on which a final determination on request § 810.1 Definitions. (3) If no determination has been the appeal is expected. reached at the end of the 10-day period (3) If no determihation on the appeal Any terms defined in part 801 or in for deciding an initial request, or the last has been reached at the end of the 20 Article I of the CITES shall have the extension thereof, the requester may working-day period for deciding an same meaning in this subchapter. deem his request denied and may appeal, or the last extension thereof, the "CITES" means the Convention on exercise a right of appeal in accordance requester is deemed to have exhausted International Trade in Endangered with the provisions of § 803.5. his administrative remedies, giving rise Species of Wild Fauna and Flora, 27 to a right of review in a District Court of U.S.T. 1087. § 803.5 Appeals. the United States as specified in 5 U.S.C. "Nol detrimental to the survival of the (a) Where a request for records has 552(a)(4). When no determination can be species" means, with respect to been denied, in whole or part, the reached within the applicable time limit, exploitation resulting from demand for person submitting the request may the appeal will nevertheless continue to trade, that such exploitation Is appeal the denial to the ESSA. beprocessed. On expiration of the time compatible with the-following as applied Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules 40603

to the long-term distribution and will be in the form of a finding, with § 811.2 Exportation of appendix I or abundance of the affected population: grounds and any conditions considered appendix IIspecimens. (1) Measures of population attributes to be necessary and appropriate by the Subject to the special provisions of indicate the population is capable of ESSA. A finding may be voided by the Article VII of the CITES, the ESSA must maintaining itself or increasing ESSA at any time if the conditions on advise the MA that export of any throughout its occupied range; (2] the the finding have not been satisfied, or if specimens of Appendix I or Apperldix H population's geographic distribution is new reliable information indicates that species will not be detrimental to the not currently being reduced by harvest the finding is no longer supported by the survival of the species prior to the or is expanding; (3) exploitation and evidence. issuance of any export permits for such other human influences, such as (b) GeneralCITES PermitFindings. specimens. significant habitat loss, are controlled to (1) Use of generalfinding. § 811.3 Introduction from the sea prevent removal or loss of more Notwithstanding § 811.1(a), the ESSA of individuals than can be replaced by the may in certain circumstances advise the appendix I or appendix I specimens. population; and (4) the population's MA on detriment to the survival of Subject to the special provisions of distribution and abundance approach or species applicable to an entire class of Article VII of the CITES, the ESSA must are progressing towards historic norms permits. Such general findings normally advise the MA that introduction from to the extent potentially suitable habitat will be madewhen: the sea into the United States of any exists and consistent with scientific (i) Information upon which the specimens of Appendix I or Appendix I1 wildlife management. determination must be based is of such species will not be detrimental to the Authority. Convention on International a nature that it is unlikely to be survival of the species prior to the Trade in Endangered Species of Wild Fauna developed in the course of material issuance of any certificates of and Flora, openedfor signatureMarch 2, submitted with any particular introduction from the sea for such 1973, T.LA.S. No. 8249,27 U.S.T. 1087; application- specimens. "Introduction from the sea" Endangered Species Act of 1973,16 U.S.C. (ii) The volume of trade in the species is defined by the CITES to mean 1531 et seq4 Executive Order 11911, 41FR in question is significant; transportation into a country of 15683,3 CFR 132-114 [1977). (iii) It would be administratively specimens of a species which were convenient to have the advice taken in the marine environment not PART 811-CITES PERMITS. formulated on the basis of a class of under the jurisdiction of any country. Sec. permits rather than on a permit-by- § 811.4 Importation of appendix I 811.1 General procedures. permit basis. specimens. 811.2 Exportation of Appendix I or (2) Effective period.General findings Appendix U specimens. made under this section will be effective Subject to the special provisions of 811.3 Introduction from the sea of Appendix for a limited duration, stated when the Article VII of the CITES, the ESSA must I or Appendix H specimens. finding is established. advise the MA of the following prior to 811.4 Importation of Appendix I specimens. (3) Grounds and conditions General the issuance of any import permit for 811.5 Species included in the appendices to any specimens of Appendix I species: control trade in other species. findings made under this section ll include discussion of the reasons for the (a) The import will be for purposes 811.6 Scientific exchange. which are not detrimental to The 1978-79 Annex. findings, as well as any conditions on the the findings considered to be necessary survival of the species. Such a finding Authority- Convention on International will be made only under the Trade in Endangered Species of Wild Fauna and appropriate by the ESSA. following and Flora, openedfor signatureMarch 2 (4] Procedure.General findings will be circumstances: 1973, T.I.A.S. No. 8249,27 U.S.T. 1087; made through a notice and comment (1) The import is for ad essential Endangered Species Act of 1973,16 U.S.C. procedure. scientific use not detrimental to the 1531 et seq.; Executive Order 11911, 41 FR (i] Proposed findings will be published survival of the speci& Scientific use 15683,3 CFR 112-114 (19771. in the Federal Register and a comment will be considered essential only if no period of thirty days, or more, will be alternative species are available and the § 811.1 General procedures. provided, except for good cause stated number of specimens proposed is the (a) Findings on individualCITES in the notice. minimum that will produce acceptable permit applications.Except as specified (ii) Notice of final findings will be scientific results; in § 811.1(b), the ESSA will review each published in the Federal Register after (2) The import will be of salvaged CITES permit application that is evaluation of comments received on the specimens intended for any bona fide transmitted to it by the MA and for proposed findings and other relevant scientific use, provided that the which an ESSA finding is required as set information. possibility of import neither directly or forth in this part The ESSA will (5)Emergency variances.The ESSA indirectly contributed to the specimens' evaluate the information provided by may withdraw any final general findings death or removal from the wilc or the MA and any other relevant of no detriment before the end of their (3) The import is likely to enhance the information which it can obtain. With effective periods, without prior notice survival of the species, through captive respect to findings pursuant to §§ 811.2- and comment, if the conditions on the breeding or other endeavors likely to 811.5, the ESSA will then advise the MA finding have not been satisfied, or have such an effect. whether the export or purpose of import reliable new information indicates that Import for purposes other than those will not be detrimental to the survival of the finding is no longer supported by the set forth in § 811.4(a) (1), (2) and (3) will the species, or whether the ESSA is evidence. Any such emergency not be approved unless clear and unable to make such a finding. With variances will become effective upon convincing evidence is presented respect to findings pursuant to § 811.6, the approval of the ESSA and signature demonstrating that approval of import the ESSA will then advise the MA by the Executive Secretary. Notice of will enhance the survival of the species. whether a scientific institution meets the the variance will be published in the Imports in this category include, but are standards described in that section. Federal Register and the grounds for the not limited to, import for profit, amateur Advice provided pursuant to this section variance will be stated therein. collecting, falconry, and trophies; 40604 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules

(b) The proposed recipient of any detrimental to the survival of the species PART 812-AMENDMENTS TO CITES living specimen is suitably equipped to meant to be protected. The ESSA may APPENDICES house and care for it. In determining establish any conditions on findings of whether the proposed recipient of a no detriment for trade in control species Sec. living Appendix I specimen is suitably that the ESSA considers necessary and 812.1 Continuing review. equipped to house and care for 812.2 Appendices I and H. it. the appropriate to ensure that trade in such 812.3 Appendix Il. ESSA may, as appropriate, consider the species will not be detrimental to those following factors among others: threatened or potentially threatened Authority: Convention on International (1) Housing. (i) Whether facilities are species meant to be protected. If Trade in Endangered Species of Wild Fauna of a structure and state and Flora, openedfor signatureMarch 2, of repair considered appropriate by the ESSA, 1973, adequate to contain and unlikely to findings on detriment for certain species T.IA.S. No. 8249, 27 U.S.T. 1087; injure the specimen. Endangered Species Act of 1973,10 U.S.C. may address both the impact that trade 1531 et seq.; Executive Order 11911, 41 FR (ii) Whether facilities provide space in those species may have upon the 15683, 3 CFR 112-114 (1977). essential to health and well-being. species themselves as well as the impact (iii) Whether facilities are served by on other species: Species included in the § 812.1 Continuing review. an adequate power source. appendices asmembers of higher taxa The ESSA will review the species of (iv) Whether facilities are properly generally will be treated in this manner the world on a continuing basis to ventilated and lighted and whether the unless they were expressly included in determine whether they should be temperature may be kept within the the appendices solely because of threat proposed for addition to or deletion normal range of the specimen's or potential threat to their survival or from the CITES solely to control Appendices, and will requirements. trade in' other species. advise the MA of any amendments that (v) Whether adequate facilities are are appropriate. available for the disposal of water and § 811.6 Scientific exchange. for cleaning. The ESSA will advise the MA whether § 812.2 Appendices I and I, (vi) Whether food and other materials scientific institutions meet the following standards Additions and deletions with respect used in the care of the specimen will be upon the application of such to Appendices I and IUwill advised stored and maintained in facilities that institutions for any permit for scientific consistent exchange under Article VII 6: with criteria established by keep the food in a wholesome condition. the Parties to the CITES. Current criteria (2) Care. (i) Whether ventilation, (1) Collections of animals or plant were adopted at the First Meeting of tho lighting, and temperature will be specimens and records ancillary to them. Conference of the Parties in Bern, adequately monitored and controlled. shall be permanently housed and Switzerland (Conf. 1.1, 1.2; 1.3). Copies (ii) Whether water, food, and other professionally curated: of these criteria may be obtained from nutritional requirements will be supplied (2) Specimens shall be accessible to the ESSA. that are adequate in kind, amount, all qualified users, including thbse from quality and availability. other institutions; § 812.3 Appendix Ill. (iii) Whether waste will be removed (3) All accessions shall be properly Additions to Appendix III will be expeditiously, and a high level of recorded in a permanent catalogue; advisedif a species is subject to sanitation maintained generally. (4) Permanent records be maintained protective regulation within the (iv) Whether persons caring for the .for loans and transfers to other jurisdiction of the United States and Is specimens have appropriate experience institutions; found in need of the cooperation of with the same or similar species. (5) Specimens shall be acquired other CITES parties in the control of (v) Whether the specimens will be primarily trade. Deletion will be recommended if a sheltered from circumstances for purposes of research that is adverse to to be ieported in scientific publications; species is found to no longer meet the their well-being, and will be properly criteria above. cared for if ill or injured. (6) Specimens shall be prepared and the collections arranged in a manner PART 813-CITES TEXT AND § 811.5 Species Included Inthe that insure their utility; IMPLEMENTATION appendices to control trade Inother (7) Data on specimen labels, species. permanent catalogues and other records Sec. For those 813.1 Changes In law and policy. in the appendicesspecies in expressly order to control included should be accurate; (8) Acquisitions 813.2 Review and advice on and possession of implementation. trade in other species rather than specimens shall accord with the laws of because of threat or potential threat to 813.3 Confiscated specimens. the State in which the scientific Authority: Convention on International their own survival, the ESSA will make institution is located; and findings on detriment pursuant Trade in Endangered Species of Wild Fauna to (9) All § § 811.2, 811.3, and 811.4 with respect to specimens of species included and Flora, opened for signatureMarch 2, the detrimental impact in Appendix I shall be permanently and 1973, T.I.A.S. No. 8249,27 U.S.T 1087; that trade in centrally specimens of these species may have on housed under the direct control Endangered Species Act of 1973, 10 U.S.C. of a responsible registered scientific 1531 et seq.; Executive Order 11911, 41 FR those threatened or potentially institution 15683, 3 CFR 112-114 threatened species that were meant to and shall be managed in a (1977). be protected by manner to preclude the use of such the inclusion. In making specimens § 813.1 Changes in law and policy. such findings, the ESSA will for decoration, trophies, or focus its other As It deems necessary analysis on any potential confusion In purposes incompatible with the and Identification principles of the CITES. appropriate, the ESSA will advise the between the "control" MA concerning species and those species that its trade The 1978-79 Annex the CITES text, implementing resolutions of the Parties, is controlled to protect, as well as on Note.--The 1978-79 annex appears in the any other identifiable regulations issued by the MA, or other, effects of trade in October 1,1978 revision of 50 CFR Chapter documents the "control" species that may establishing international or be VIIL domestic policy. Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 1 Proposed Rules 40605

§ 813.2 Review and advice on Implementation. As it deems necessary and appropriate, the ESSA will review and evaluate the effectiveness of the CITES in controlling trade in wild animals and plants, and may advise the MA, other federal agencies, and the Congress of any measures that might improve CITES implementation. § 813.3 Confiscated specimens. As necessary and appropriate, the, ESSA may advise the MA and other federal agencies on the proper disposition of specimens confiscated because of trade in violation of the CITES. [FR Docr 79-22igFiled 7-10-79. &45 am] BILLING CODE 4310-55-M I Wednesday July 11, 1979

Part III Department of Agriculture Agricultural Marketing Service, Commodity Credit Corporation

Burley Tobacco; Experimental Sales and Proposed Price Support dflfiRR Af~fiRFederal Renister. / Vol. 44. No. 134 / Wednesday, July 11, 1979 / Proposed Rules In~f eea eitr o.4,N.14 ensaJl 1 99/Pooe ue

DEPARTMENT OF AGRICULTURE had been properly prepared for market Conservation Service, and Economics, and displayed as part of a regularly Statistics, and Cooperatives Service. Agricultural Marketing Service scheduled auction. In the 1976-77 Based on their findings, in the Interest of season, experimental sales were the burley tobacco industry, the [7 CFR Part 29] conducted, using both baled tobacco Department proposes to extend the and tobacco packed loose on burlap experiment, with modifications, into the Type 31-Burley Tobacco; U.S. sheets, by the Universities of Kentucky 1979-80 marketing season. of Burley Tobacco Experimental Sales and Tennessee and various State Farm Prior to the 1978-79 season, the In Untied Form Bureaus. Again, only unofficial grades definition of "rework," Section 29,3050, AGENCY: Agricultural Marketing Service. were applied by government graders. -of the regulations provided that tobacco Experimental sales were discontinued ACTION: Proposed rule. not tied in hands be graded NOG (no during the 1977-78 season and the grade], a non-price supported SUMMARY: It is proposed that the Council for Burley Tobacco appointed a- designation applied to tobacco classified Official Standard Grades for Burley committee to further study the entire as nested, off-type, rework, semicured, Tobacco, U.S. Type 31, adopted for the project. Subsequent to this study, the damaged 20 percent or more, 1978-79 season be in effect, with " Council made recommendations to the abnormally dirty, containing foreign modifications, during the 1979-80 Secretary of Agriculture for the jmatter, and/or havjng an odor foreign to season. Burley tobacco is grown conducting of further experimental sales the type. primarily in Kentucky, Tennessee, Ohio, of baled burley tobacco in the 1978-79 Based on the Department's evaluation Indiana, Virginia, North Carolian, West marketing year. of the 1978-79 experiment, it Is proposed Virginia and Missouri. Prior to the 1978- Based on numerouis requests from the that the definition of "rework" in industry and, particularly, on the 79 season, burley tobacco was eligible burley § 29.3050 be amended for the 1979-80 for all official grades only when recommendations of the Council, the marketing season only, to allow burley marketed tied in hands. For educational Department amended its regulations for tobacco, untied in bales, to qualify for and research purposes, the Department the 1978-79 season, solely for any of the official standard grades for proposes that burley tobacco also be experimental purposes, to provide that which it meets the specifications, eligible for all official grades when on certain days during the season apply official grades to providing that the leaves in said bale marketed untied in bales in limited federal graders are packed limited quantities of untied burley are not tied in hands, quantities on all sales days during the straight and that the bales are 1979-80 season. tobacco packed straight in bales and offered for sale at auction centers approximately 1X2X3 feet in size. DATES: Comments due on or before Further, it is proposed that such baled August 10, 1979. throughout the entire burley production area:. burley tobacco be officially graded at ADDRESSES: Send comments in Following the completion of the 1978- any warehouse on all sales days during to the Hearing Clerk, United duplicate 79 marketing season, the Department the 1979-80 season, in lieu of the 5 sales Department of Agriculture, Room States pertinent project data on days in effect during the 1978-70 season. Washington, D.C. collected 1077 South Building, relevant aspects of the experiment. The proposal by the Department is will be made available 20250. Comments Much data was supplied by the conditioned by the following: inspection at the Office of the for public Universities of Kentucky, and Tennessee. 1. That it is the responsibility of the Hearing Clerk during regular business At the request of the Agricultural operator of a warehouse to open the hours. Marketing Service, a study was made particular bale in a lot of tobacco FOR FURTHER INFORMATION CONTACT and a report was compiled by the chosen by a grader for inspection and to Leonard J. Ford, Direcvr, Tobacco Economics, Statistics, and Cooperatives reseal that bale after Inspection; and Division, Agricultural Marketing Service which analyzed, interpreted, 2. That the producer is responsibile for Service, United States Department of and summarized all available data on certifying that the bale inspected by a Agriculture, Washington, D.C. (202)447m- thie experiment. Copies of this report grader is representative of the grade of 7235). may be obtained from: Information all the tobacco in that lot, that the leaf SUPPLEMENTARY INFORMATION: Notice is Division, Agricultural Marketing was stalk-cured, that the bales do not hereby given that the Department is Service, Room 3639-S, U.S. Deprtment of contain any foreign matter or material, considering a modification of the Agriculture, Washington, D.C. 20250. and that the bales are not nested. Official Standard Grades for Burley Briefly, the report concludes: The Department's instructions to Tobacco, U.S. Type 31, pursuant to the 106.6 million pounds of burley was sold in graders would be amended to conform in The Tobacco authority contained bales-1.6 percent of total sales. to these understandings. Inspection.Act (49 Stat. 731; 7 U.S.C. 511 Baled tobacco prices averaged one cent et seq.). All persons who desire to submit per pound-lower than tied prices. During the 1974-75 and 1975-76 burley written data, views, or arguments for' Price differentials for baled tobacco marketing seasons, the Department consideration in connection with this varied by grade of tobacco--lug and cooperated with the University of proposal may file the same In duplicate Kentucky which was conducting leaf differentials were lowest and tips with the Hearing Clerk, USDA, Room experimental sales of untied baled and nondescript highest. 1077 South Building, Washington, D.C. burley tobacco. In these experiments, Grade distribution of tied and baled 20250, not later than August 10, 1979. federal tobacco graders applied - tobacco were similar. All written submissions made unofficial grades to the tobacco. This Some growers can realize cost savings pursuant to this notice will be made unofficial grading involved a of seven cents per pound by available for public inspection at the determination by the federal graders as marketing their tobacco untied. Office of the Hearing Clerk during to the official grade a particular lot of The report was reviewed by officials regular business hours (7 CFR 1.27(b)), tobacco would have warranted if the lot of the Agricultural Marketing Service, Section 29.3050 of the regulations Is Agricultural Stabilization and proposed to be amended as follows: Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules 40609

§ 29.3050 Rework. availability on limited quantities of could be marketed in bales with price Any lot of tobacco which needs to be untied burley tobacco. This continuation support within the traditional marketing resorted or otherwise reworked to of price support availability is being system; (2] all burley tobacco producers prepare it properly for market in the proposed in furtherance of a study who desire to do so could participate manner which is customary in the type which is being conducted to determine equitably in the marketing of the limited area, including: (a) Tobacco which is so whether marketing burley tobacco quantity of tobacco that could be mixed that it cannot be classified untied in bales would reduce market marketed in bales with price support; (3) properly in any grade of the type preparation costs. Interested parties are the time of marketing in bales with price because the lot contains a substantial of invited to submit written views and support would be spaced throughout the two or more distinctly different grades recommendations on this proposal. marketing season so as to afford which should be separated by sorting; DATES: Comments must be received by maximum opportunity for (b) tobacco which contains an August 10, 1979. warehousemen and buyers to make any abnormally large quantity of f6reign ADDRESS' Send comments to the necessary modification to their usual matter or an unusual number of muddy Director, Price Support and Loan procedures and thus minimize any or extremely dirty leaves which should Division, ASCS, P.O. Box 2415, disruption to the marketing of burley be removed; and (c)tobacco not Ued in Washington, D.C. 20013. tobacco tied in hands in the traditional hands, not packed straight, not properly manner;, (4) because it is inherently tied, or otherwise not properly prepared FOR FURTHER INFORMATION CONTACT. difficult, if not impossible, to ascertain for market: Provided,That during the Thomas A. VonGarlem, (202) 447-7954. the quality and condition of all the burley marketing season which will SUPPLEMENTARY INFORMATION: Burley tobacco in a bale or bales at the time of begin in November or December 1979 tobacco has traditionally been marketed purchase or consignment forprice and end by April 1980, burley tobacco tied in hands of about 20 leaves. Before support at the warehouse, proper which is offered for sale in bales shall 1978, burley tobacco was required to be certification as to certain characteristics not be considered to require rework if marketed tied in hands as a condition of the bales would be a condition of the tobacco in said bales is not tied in for price support. Because the present price support eligibility for producers hands, is packed straight, and tbe size of marketing system is structured to handle whose baled tobacco is consigned for the bale is approximately 1X2X3 feet. tobacco prepared in this manner, price support. Providedfurther, That: (1) tobacco changes in marketing and processing marketed untied in bales will be procedures and techniques may be Proposed Rule officially graded on all sales days at any necessary to accommodate the handling Under the Tobacco Loan Program warehouse during the 1979-80 marketing of tobacco in a different manner. The published in this part, Commodity Credit season; (2] the operator of any process of tying the tobacco in hands is Corporation proposes to make price warehouse at which baled burley time consuming and, therefore, costly to support available on untied 1979 crop tobacco is offered for sale shall open the producers. burley tobacco packed in bales as set particular bale, in a lot of tobacco, Since 1973, an industry group has forth herein. Accordingly, it is proposed chosen by a grader for inspection and been conducting an experiment to that 7 CFR Part 1464 be revised by reseal that bale after inspection; and (3) determine whether marketing untied amending subsections 1464.2(e(5) and the producer, by offering untied, baled burley tobacco would reduce market 1464.7(a)(5) to read as follows: burley tobacco for sale, certifies that the preparation costs. During the 1978 crop bale inspected by a grader is year the experiment was expanded by § 1464.2 Availability of price support. representative of the grade of all the permitting a small percentage of the tobacco in that lot, that total crop to be eligible for price support. the leaf was (e) + stalk-cured, that the bales do not This allowed the Department of contain any foreign matter or material, Agriculture in conjunction with the land (5) For 1979 crop burley tobacco, and are not nested. grant universities in Kentucky and eligible producers may obtain price support on tied and untied burley Dated: July 6,1979. Tennessee to also research the experiment. tobacco packed in bales and offered-for P. R."Bobby" Smith, A report containing the results of this auction sale, subject to the following AssistantSecretary for Afarketing and research has been published. However, conditions: TransportationServices. its findings are inconclusive. Only 1.0 (i) Applications for price support on [FR Doc. 79-21344 Fed 7-10-79. &45 am] percent (10.6 million pounds) of the 1978 baled tobacco: From September 4 BILLING CODE 3410-02-M crop of burley tobacco was marketed in through September 28, 1979, a producer bales. Because the sample Is so small, who desires to market part of his/her no statistical inferences can be made burley tobacco in bales may request Commodity Credit Corporation with an acceptable degree of accuracy. price support on such tobacco by filing [7 CFR Part 1464] Also, the data gathered may not be an application with the local County meaningful as the relationships of costs ASC Committee. At the time of filing the Tobacco Loan Program; Proposed may change if all facets of the industry application for price support on baled Price Support for Baled Burley were to prepare to handle baled burley tobacco, the producer shall certify that Tobacco on a larger scale. all bales delivered for price support will Accordingly, it is proposed that the meet the following specifications and AGENCY: Commodity Credit Corporation, experiment continue into the 1979 crop conditions: USDA. of burley tobacco. The major objectives (A) The quality and condition of the ACTION- Proposed rule. of the proposed amendments to the price tobacco contained in each bale offered support regulations are as follows: (1) A for marketing as a single lot will be SUMMARY: The Commodity Credit quantity of tobacco sufficient to allow representative of the quality and Corporation is considering extending evaluation of the effects on the various condition of the tobacco contained in all into the 1979 crop year price support marketing and processing procedures other bales of the same lot. 40610 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules

(B)The tobacco in each bale will be (iv) Identification cards for tobacco Agency determines this is not possible. stalk-cured. approved for marketing in bales with Because burley tobacco producers need (C) The bales will not contain foreign price support: A Baled Burley Tobacc6 to know as soon as possible whether matter or material. Identification card showing 110 percent price support will be available on a (D) The bales'will not be nested, and of the pounds of baled tobacco limited amount of 1979-crop burley (E)Any and all procedures and approved for marketing with price tobacco so they can make plans on how certifications which are normally support shall be issued for each farm for they wish to market their tobacco, It Is required by law or regulation pertaining which approval is given. The hereby found and determined that to burley production and marketing will identification card together with the compliance within the 60-day comment be met and the applicable eligibility 1979 burley tobacco marketing card period required by Executive Order requirements for price support will also shall be used to identify any baled 12044 is impossible. Accordingly, be met. tobacco for which price support is comments must be received by August (ii) Limitation on quantity of tobacco, desired. Separate sale bills marked 10, 1979 in order to be assured of which may be marketed in bales with "Baled Burley" shall be prepared by the consideration. price support: The maximum quantity of warehouse to identify sales of baled Note.-A Draft Impact Analysis is burley tobacco produced on a farm burley tobacco. In addition the available from Thomas A. VonGarlem. Price which a producer may market in bales warehouse shall mark "No Price Support and Loan Division. Room 3741- with price support shall be 110 percent Support" on the basket ticket and on a South Building, P.O. Box 2415, Washington, of the quantity approved for the farm by sale bill for any baled tobacco not D.C. 20250. , the County ASC Committee.- A producer identified by an identification card. A Note.-This regulation has been may make application for price support separate basket-ticket and sale bill determined not significant under the USDA on any quantity of tobacco not in excess marked "No Price Support" shall be criteria implementing Executive Order 12044. of the effective farm poundage quota. prepared for that quantity of baled Signed at Washington, D.C. on July 0,1979. Approval of the quantity.for price tobacco weighed in that is in excess of Jim Williams, support shall be determined as follows: the balance of the pounds shown on the Acting SecretaryofAgrcultur. (A) If identification card. 79 34 3 the effective farm poundage [FR Doc. -j Flied 7-10--7 8:45 aml quota is 1,500 pounds or less, the entire (v] Specification of bales: BILLING CODE 3410-05-M amount of tobacco specified in the (A) Bales accepted for price support application shall be approved. must be approximately I x 2 x 3 feet in (B) If the effective farm poundage size. quota is more than 1,500 pounds, the (B] Thp leaves in bales accepted for amount approved shall be the larger of price support must be untied and 1,500 pounds or 25 percent of the oriented. effective farm poundage quota but not to (vi) Grade loan rates for tobacco exceed the quantity requested. delivered for price support: The grade (C) Notwithstanding paragraph loan rates for baled burley tobacco will (e)(5)(ii)(B) of this section. if the total be the same as the grade loan rates to quantity approved in paragraphs be established for 1979-crop burley (e)(5)(ii) (A) and (B)of this section for all tobacco tied in hands in the traditional farms in a State is less than 25 percent manner. of the total effective farm poundage quota for all farms in the State, the amount approved for each farm in § 1464.7 Eligible producers. paragraph'(e)(5](ii)(B) of this section shall be increased by the lesser of the (a)* * difference between the amount (5) The producer has complied with requested and the amount approved or any certification he/she may have an amount determined by subtracting executed with respect to any baled 1979 the sum of the amounts approved in crop burley tobacco delivered for price paragraph (e)J5)(ii) (A] and (B)from the support. total quantity requested on all applications, dividing the results into the Prior to making any determinations, amount determined by subtracting the the Department will give consideration amounts approved in paragraphs to comments, views and (e)(5)(ii) (A) and (B)of this section from recommendations submitted in writing 25 percent of the total effective farm to the Director, Price Support and Loan poundage quota for all farms in the State Division. to obtain a four place factor and All written submissions will be made multiplying the factor by the difference available for public inspection from 8:15 between the quantity requested and the a.m. to 4:45 p.m. Monday through Friday amount approved for the farm in in Room 3741-South Building, USDA, paragraph (e)(5)(ii)(B) of this section. 14th and Independence Avenue S.W., (iii) Price support will be available on Washington, D.C. 20013. baled tobacco at auction sales during Executive Order 12044 (43 FR 12661, the same period and during the normal March 24,1978) and Secretary's course of business that price support is Memorandum No. 1955 require at least a offered on burley tobacco tied in hands 60-day public comment period on any in the traditional manner. proposed regulation except where the Wednesday July 11, 1979

= =

Part IV Department of Health, Education, and Welfare Office of Education

Capacity Building for Statistical Activities in State Educational Agencies 40612 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations DEPARTMENT OF HEALTH, DEPARTMENT OF HEALTH, of State educational agencies. Grants applications, and the criteria used to EDUCATION, AND WELFARE under the program are intended to judge applications. Applicants must develop or enhance the long-term know this information to determine Education Division capability of the State educational whether to apply and how to submit agency to collect, process, analyze, or applications. Federal law requires that 45 CFR Part 164 report statistical data about education. these rules be published in the Federal Capacity-Building for Statistical Grants may focus on a reduction of data Register (5 U.S.C. 552). Activities In State Educational burden; improvement in the timeliness 3. Waiver of ProposedRulemaking. Agencies of data reporting; improvement in the Procedures of this Department provide quality, comparability, or utility of data; for public participation in the AGENCY: National Center for Education increase in analytical capability;, development of program regulations Statistics. improvement in the flow of information through the methods set forth In section ACTION: Interim final regulation. to local educational agencies, 553, Title 5, United States Code. institutions of higher education, or other However, these interim regulations SUMMARY: The Administrator of the agencies of the State; or similar apply only for Fiscal Year 1979 and an National Center for Education Statistics statistical objectives. opportunity for public comment is being issues an interim final regulation The National Center for Education provided only for purposes of possible governing the award of discretionary Statistics is limiting eligibility for grants future changes in the document grants to build the statistical capabilities to State educational agencies because. beginning in Fiscal Year 1980. The of State educational agencies. The they afe ina unique position to collect, document is being issued as an interim regulation states eligibility conditions, process, analyze, and report statistical final rule to govern Fiscal Year 1979 application requirements, funding data about education within their States. grants based upon the Administrator's criteria, and other rules for the This limitation minimizes the possibility and Assistant Secretary for Education's administration of the program. of fragmented systems being developed finding, in accordance with 5 U.S.C. DATES: Effective date: This regulation is within a State, and maximizes the 553(b)(3)(B), that opportunity for expected to take effect 45 days after it is potential for improved utilization of data advance public comment on these transmitted to Congress. (Regulations at the State level for planning and provisions would be Impracticable and are transmitted to Congress three to four decision making. The limited amount of contrary to the public Interest given the days before they are published in the funds available for the program is need to publish a final rule at this time. Federal Register.] However, this date is another reason for limiting eligibility for Under section 431(d) of the General changed by statute if Congress grants to State educational agencies. Education Provisions Act, a regulation disapproves the regulation or takes However, the regulations" define State cannot take effect until forty-five days certain types of adjournments. If you educational agencies to include State after the final regulation has been want to know the exact effective date of agencies responsible for vocational transmitted for congressional review. this regulation, call or write the National education and State agehcies Therefore, if a proposed regulation were Center for Education Statistics' contact responsible for postsecondary education issued at this time for the program, it person. as well as State 'agencies responsible for would have to be followed by a thirty- Comment date: Public comments are elementary/secondary education. The day comment period, an additional invited and will be considered for postsecondary sector is being included period for having the final regulation purposes of possible changes in the because the law has expanded the prepared and cleared within the regulation for Fiscal Year 1980 and Center's assistance mandate to include Department of Health, Education, and subsequent years. Comments must be these agencies. As a policy matter the Welfare, and then the forty-five day received on or before September 10, Center wants to include State agencies congressional review period before 1979. responsible for Vocational education grant awards could be made, if the ADDRESSES: Comments should be because the. Center is mandated to awards were to be mdde on the basis of addressed to Dr. Mary Golladay, develop a national vocational education the regulation. Funds appropriated to National Center for Education Statistics, data reporting and accounting system. the National Center for Education 400 Maryland Avenue, S.W., The Administrator of the National Statistics In Fiscal Year 1979 for this Washington, D.C. 20202. Center for Education Statistics has program must be awarded no later than FOR FURTHER INFORMATION CONTACT. allocated $1,600,000 for the support of September 30, 1979. It does not appear Ms. Donna C. Mertens, National Center this program in Fiscal Year 1979. Of this that there will be sufficient time to do for Education Statistics, 400 Maryland amount, $1,000,000 will support grants to this on the basis of an effective Avenue, S.W., Room 3061, Washington, improve vocational educational data regulation if the proposed rulemaking D.C. 20202, (202) 245-7813. systems, $300,000 will go to State procedure is followed. agencies-responsible for elementary/ Also, if a proposed SUPPLEMENTARY INFORMATION: 1. Nature regulation with secondary education, and $300,000 will opportunity for public comment were of Program.Section 406(b](3) of the go to State agencies responsible for General Education Provisions Act as issued, it would be necessary to invite postsecondary education. It is applications on the basis of the amended directs the National Center for anticipated that only about thirty-two Education proposed regulation in order to permit Statistics to assist State and (32) grants will be awarded in Fiscal local educational agencies, including awards by the end of Fiscal Year 1979. It Year 1979. then would be impracticable to make State agencies responsible for 2. Needfor postsecondary education, in improving Regulation. Certain rules substantive changes in the final and automating their statistical and data are needed for the proper administration regulation, because the applications of a Federal grant program. These rules would have been received, and time collection activities. This document relate to such governs the-award of discretionary matters as the types of would not permit their amendment to grants to build the statistical capabilities agencies eligible to apply for a grant, the reflect changes in the regulation, types of of assistance available, the This document governs the award of a information. which must be put in small amount of money and does not Federal Register / VoL 44, No. 134 1 Wednesday, July 11. 1979 1 Rules and Regulations 40613 regulate controversial policy issues. It document, wherever the term improvement in the quality, has been developed in close "Commissioner" is used in these parts, it comparability, or utility of data; consultation with the State educational shall be read to mean "Administrator." increase in analytical capability; agencies. Only one comment was improvement in the Bow of information 1 164.02 Purpose of the Capacity-Building to localeducational agencies or other received during last year's comment Program. period, and it was favorable. This rule is agencies of the State; or similar basically the same as last-yeaies interim The purpose of this program is to statistical objectives. final regulation exceptthat vocational build the statistical capabilities of State (c) Grant activities mayinclude but education and postsecondary education educational agencies by facilitating are not limited to planning, training. have been added and conforming improvements or automation in their consultant services, staff development, changes made. statistical systems. or activities which will promote For the abore 7reasons, the § 164.03 Definitions. automation. opportunity for public zomments one The following definitions apply to § 164.05 Allowable costs. proposed rule for Fiscal Year 1979 is terms used in this document: (a) Determination &fcosts allowable impracticable and contrary to the public "Administrator" means the under a grant are made in accordance interest This opportunity isprovided for Administrator of the National Center for with government-wide cost principles in purposes ofpossible changes to the Education Statistics. Appendix B of 45 CFR Part 100a. document'beginning inFiscal year 1980. "Capacity-Building" means (b) Funds awarded under this Part 164 of Title 45 of the Code of developing or inproving long-term document must be used to supplement, Federal Regulations is revised to read as capabilities or competencies. and in mo case supplant, the level of set forth below. "State" includes, in addition to the funds that would, in the absence of a Dated: May 10. 1979. -several States of the'Union, the ,grant, be made available by the State Victor D. Wenk, Commonwealth of Puerto Rico, the educational agency for statistical DeputyAdministrator,National Center for District of Columbia. Guam, American activities. EducationStatistics. Samoa, the Virgin Islands, the Trust (c) No capital outlayis allowable for lands or buildings. Appraved:'May 15,9.79. Teritoryo theP.aciic Islands, the Northern Mariana Islands., and the Mary-F. Berry Canal Zone. -J 164.06 Duration of projecs. AssistantSecretaryforEducation. "State educational agency" means: (a) Grantsnormally will-beof twelve Approved June 30.1979. The State board of education or other maonths'duration. The grantee may use HaleChampin, agency or officer primarily responsible grant funds during theperod specified Acting Secretaryof Health,Education, and for the State supervision of public in the grant documentunless the grant is Welfare. elementary and secondary schools orif suspended or lerminated. If the grantee there is no such officer oragency, an needs additional time to complete the [Catalog ,ofFederal Domestic Assistance for Number i3_q22--Capacjy-Bnilding for officer-oragency designatedby the grant project, the grantee may apply StatisticalActivities in State Educational Governor or by State law; an extension of the grant period without Agencies) (b) A State agency listed in the additional funds. The Administrator Appendix to these regulations with may approve this extension at his or-her PART 164-CAPACITY-1BUtLDING FOR statewide esponsibility Tor discretion. STATISTICAL ACTIVITIES IN STATE postsecondary education or, if ihere is EDUCATIONAL AGENCIES § 164.07 Eigibility. no such agency, an officer or agency (a) Only a State educational agency is Sec. designated by the Governor or by State eligible for a grant. 164.01 Scope of thfis document. law; or (b) The Administrator initially 164.02 Purpose of the CapacityBilding (c) The State board oragency -reservesfunds to award grants -unde Program. designated or -established as the sole 164.03 Definitions. ,each of the categories of "State State agency responsible for the educational aency"-defined in 16403. 164.04 'Nature oflprojects. administration, or for the supervision of 164.0 Allowabie costs. The Administrator invites applications the administration, of'programs for each of these categories in a 164.06 Duration of projects. by 164.07 Eligibility. authorized Part A, TitleI of the separate notice of dosing date. 164.08 -Application requirements. Vocational Education Act or 1963, as 1c) A State educational agency may 164.09 How applications are judged. amended by Pub. law 94-482. submit only one application under each 164.10 Evaluation criteria. "Statistical activities" means notice of closing date. Authority Section 406 (b)(3) and [e) ufthe activities concerned with collecting, (d) The Administrator only considers General Education Pmision Act (20 U.S.C. processing, analyzing, or reporting applications submitted in response to 1221-1 fb)13) &fel). statistical data about education. specific notices of closing date. § 164.01 Scope of this document § 164.04 Natureof.projects. § 164.08 Applicatlon -equrements. (a) This document establishes (a) A State educational agency may To apply for a grant, a'State procedural and substantive apply for a grant under this program to educational agency shall submit the requirements and uriteria governing develop or enhance its long-term designated application form contaiing applications andgrants under the capability to collect, process, analyze, or whatever information the Administrator Capacity-Building Pxogram -of thfe report statistical dataabout elementary/ may require. National Center for Education Statistics. secondary, postsecondary, or vocational [b] The provisions of Parts 00, 100a, education. § 164.9 :How applications are judged. and 100c of Title 45 CFR apply to fiscal (b) The grant-may focus ona Competitive applications are rated and administrative matters pertaining to reduction of data burden; improvement and ranked by an evaluation panel grants. For the purposes of this in the timeliness of data reporting; under the criteria stated in § 164.1o. 40614 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations

Applications generally compeie only Appendix-Eligible Agencies With Statewide Indiana against other applications submitted Responsibility for Postsecondary Education Indiana Commission for Higher Education, under the same notice of closing date. If. Alabama 143 West Market Street, Suite 400, in the Administrator's view, the Alabama Commission on Higher Education, Indianapolis, Indiana 40204 information in the application is not One Court Square, Suite 221, Montgomery, Iowa adequate to permit an informed Alabama 36104- evaluation of the application, the Higher Education Facilities Commission, 201 Alaska Jewett Building.'914 Grand Avenue, Des Administrator may request the applicant Moines, Iowa 50309 to supply additional information. Finalt Alaska Commission on Postsecondary determinations Education, Pouch F, State Office Building, Board of Regents, Crimes State Office on awards are made by Building, Des Moines. Iowa 50319 the Administrator. Juneau, Alaska 99811 Area Schools Arizona and Career Education Branch, § 164.10 Evaluation criteria. Department of Public Instruction. Grimes Arizona Commission for Postsecondarj State Office Building. Room 203, Des The Administrator evaluates an Education, 1650 W. Alameda Drive, Suite Moines, Iowa 50319 application for assistance under this 115, Tempe, Arizona 85282 Kansas document in accordance with the State Board of Regents. 1535 West Jefferson, following criteria (potential Phoenix. Arizona 85007 Legislative Educational Planning Committee, points =100]: Arizona State House, Fifth Floor, Topeka, Kansas State Board of Directors of 66612 (a) (0-40 points) The significance of Community Colleges, 1535 West Jefferson, Board of Regents, Merchants D~atd6nal the project in improving the long-term Room 123, Phoenix. Arizona 85007 Bank Tower, 800 Jackson, #1416, Topeka, Kansas statistical capability of the State Arkansas 66612 educational agency, as measured by a Department of Higher Education, 1301 West Community-Junior Colleges, State reduction of data burden; improvement 7th Street, Little Rock, Arkansas Department of Education, 120 East Tenth in the timeliness of data reporting; Street, Topeka, Kansas 68612 improvement'in the quality, California Kentucky comparability, or utility of data; California Postsecondary Education increase in analytical capability; Commission, 1020 12th Street; Sacramento, Council on Higher Education, West Frankfort improvement in the flow of information California 95814 Office Complex, U.S. Route 127 South, Frankfort, Kentucky 4001 to local educational agencies, Colorado institutions of higher education, or other Commission on Higher Education, 1550 Louisiana agencies of the State; or similar State Lincoln Street, #210, Denver, Colorado . SuiteBoard 1530, of Regents, One American Pace, statistical objectives. 80203 Baton Rouge, Louisiana 70804 (b) (0-20 points) The adequacy of the Connecticut Maine proposal, as indicated by the following Board of Higher Education, P.O. Box 1320, 340 State Board of Education, State Department factors: 'Capital Avenue, Hartford, Connecticut of Education and Cultural Services, State .(1) (0-15 points) The quality and 06101 Department of Education Building, explicitness of the work plan in Augusta, Maine 04333 Delaware identifying activities, tasks, procedures, University of Maine, 107 Maine Avenue, and coordination efforts (if applicable). Delaware Postsecondary Education " Bangor, Maine 04401 - Commission, 800 Delaware (2) (0-5 points) The soundness Avenue, Suite of the 703, Wilmington, Delaware 19801 Maryland management plan, Which includes such District of Columbia State Board of Higher Education, 16 Francis items as the time schedule and Street, Jeffrey Building, Annapolis, projections of quarterly milestones. District of Columbia Commission on Maryland 21401 (c) (0-30 points) Postsecondary Education, 1329 E Street, The capability of the Massachusetts State educational agency to perform the N.W., Suite 1023, Washington, D.C. 20004 proposed activities, as indicated by the "Florida Board of Higher Education,'Park*Square Building. Room following factors: 032, 31 Saint James Avenue, Florida Department of Education, W. V. Knott Boston, Massachusetts 02116 (1) (0-15 points) The qualifications of Building, Tallahassee, Florida 32304 Michigan the ptoposed project staff (or the qualify eorgia of provisions for contractor services) State Board of Education, P.O. Box.3000, Board of Regents with respect to training and relevant of the University System, Lansing, Michigan 48909 244 Washington Street, S.W., Atlanta, experience, and the amount of time they Georgia 30334 Minnesota will devote to the project. Hawaii Minnesota Higher Education Coordinating (2) (0-15 points) The adequacy of the Board, Capitol Square Building, Suite 400, State educational agency's commitment Hawaii State Postsecondary Education 550 Cedar Street, Saint Paul, Minnesota and arrangements made to ensure the Commission, 2444 DoletStreet, Ro6m 207, 55101 long-term Honolulu. Hawaii 96822 effect of the proposed Mississippi activities after the expiration of Federal Idaho Postsecondary. Education Planning Board, funds. State Board of Education, Len B.Jordan Universities Center, Suite 116, 1855 (d) (0-10 points) The reasonableness Building. 650 West State Street, Rbom 307, Eastover Drive, Jackson, Mississippi 3Q211 of the budget f6r the work to be done. Boise, Idaho 83702 Board of Trustees'of State Institutions of [Editorial Note.-The following appendix Illinois Higher Learning. P.O. Box 2336, Jackson, Mississippi will not appear in the Code of Federal 39205 - Illinois Board of Higher Education, 500 Relsch Division of Junior Colleges, Regulations] Building, State Department 4 West Old Capitol Square, of Education, P.O, Box 771, Jackson, Springfield, Illinois 62701 Mississippi 39205 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Rules and Regulations 40615 Ill I

Missouri 1429 Senate Street, Columbia, South Trust Territoryof the PacificIslands Department of Higher Education, 600 Clark Carolina 29201 Micronesia Board of Education. Department Avenue, Jefferson City, Missouri 65101 South Dakota of Education. Office of the High Commissioner. Saipan. Mariana Islands Montana Education and Cultural Affairs Planning 96930 Board of Regents of Higher Education, 33 Last Commission. South Dakota Department of Chance Gulch, Helena, Montana 59601 Education and Cultural Affairs. Office of Virgin Islands the Secretary. Pierre, South Dakota 57501 Virgin Islands Commission on Postsecondary Nebraska Board of Regents, State Office Building #3, Education. c/o College of the Virgin Nebraska Coordinating Commission for Pierre, South Dakota 57501 Islands. Saint Thomas, Virgin Islands 00601 Postsecondary Education, 301 Centennial Tennessee [FR 79-=4M VMd 7-10-7 &-4 aml Mall South, P.O. Box 95005, Lincoln, BIWUN CODE 4110-99-M Nebraska 68509 Tennessee Higher Education Commission. 501 Union Building, -300, Nashville, Nevada Tennessee 37219 Nevada Higher Education Commission, Texas. University of Nevada System, 405 Marsh Avenue, Reno, Nevada 89502 Coordinating Board, Texas College and University System, P.O. Box 12788. Capitol NewHampshire Station, Austin, Texas 78711 New Hampshire Postsecondary Education Utah Commission, 66 South Street, Concord, Utah State Board of Regents. 807 East South New Hampshire 03301 Temple Street. Suite 204, Salt Lake City, Newjersey Utah 84102 State Department of Higher Education. 225 Vermont West State Street Trenton, New Jersey 08625 Vermont Higher Education Planning Commission. c/o Budget and Management New Mexico, Department. Pavilion Building, 5th Floor. Board of Educational Finance, Legislative- 109 State Street, Montpelier, Vermont 0502 Executive Building Suite 201, Santa Fe, Virinia New Mexico 87503 State Council of Higher Education for New York Virginia, 700 Fidelity Building. 9th and Main Streets, Richmond, Virginia 23219 Regents of the University of the State of New York, The State Education Department, Washington Albany, New York 12234 Council for Postsecondary Education. 908 North Carolina East Fifth Street. Olympia, Washington 98504 University of North Carolina, P.O. Box 6888, Chapel Hill, North Carolina 27514 West Virginia State Department of Community Colleges, West Virginia Board of Regents. 9M0 State Board of Education. 194 Education Kanawha Boulevard, East. Charleston. Building, Raleigh. North Carolina 27611 West Virginia 25301 North Dakota Wisconsin Board of Higher Education, State Capitol University of Wisconsin, 1700 Van Hise Hall, Building, Bismarck, North Dakota 58501 1220 Linden Drive, Madison. Wisconsin Ohio 53706 Board of Vocational-Technical and Adult Ohio Board of Regents, 30 East Broad Street, Education. 4602 Sheboygan Avenue. 7th 36th Floor. Columbus, Ohio 43215 Floor. Madison, Wisconsin 53702 -Oklahoma Wyoming Oklahoma State Regents for Higher University of Wyoming, P.O. Box 3334, Education. 500 Education Building, State University Station. Laramie. Wyoming Capitol Complex. Oklahoma City, 82071 Oklahoma 73105 Community College Commission, Boyd Oregon Building, 5th Floor, 1720 Carey Avenue, Cheyenne, Wyoming 82002 Oregon Educational Coordinating Commission, 495 State Street. Salem, American Samoa Oregon 97310 Board pf Higher Education. c/o American Samoa Community College, P.O. Box 2609. Pennsylvania Pago Pago. American Samoa 96799 Pennsylvani a Department of Education, P.O. Box 911, Harrisburg, PennsyJvania 17126 Guam Postsecondary Education Commission. Board Rhode Island of Regents. University of Guam. Post Office Department of Education, 199 Promenade Box E K Agana, Guam 96910 Street Providence, Rhode Island 02908 Puerto Rico South Carolina Commonwealth Postsecondary Education South Carolina Commission on Higher Commission. University of Puerto Rico Education, Rutledge Building, Room 1104, Station, Box F, San Juan. Puerto Rico 00931 40616 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40616FeeaRgitrIVL4,o.14I ededyJuy1, 79 Nocs DEPARTMENT OF HEALTH, Each rate applicant will be notified (20 U.S.C. 1221-1 (b)(3) and (a)) EDUCATION, AND, WELFARE that its application will not be (Catalog oi Federal Domestic Assistance considered in the current competition. Number 3922 Capacity Building for Education Division, Applicationsdelivered by hand. An Statistical Activities in State Educational application that is hand delivered must Agencies) Building for Statistical Capacity be taken to the U.S. Office of Education Dated--luly 6,1979. Date for Transmittaf Activities; Closing Application Controt Center, Room 5673, Marie'D; Eldridge, of Fiscal Year 1979 Applications; State Regional Office Building 3, 7th and D Administrator,National Centerfor Edacatloi Educational Agencies Responsible for Streets, S.W., Washington, D.C. Statistics. Elementary and Secondary Education. The Application Control Center will [FR0o,.7.Z434 Eilted 7-1tP-758:4:.aimr Applications are invited for new accept hand delivered applications 1LUNG CODE 411--h awards under the National Center for between &a'.m. and 4z pm.(Washington, Education Statistics' Capacity-Building D.C. time) daily, except Saturdays, Program for Statistical Activities in Sundays, and Federal Holidays. Capacity Building for Statistical State Educational Agencies. Applications that are hand delivered Activities; Closing: Date for Transmittal' of Fiscar Year 1979 Applircations; State Authority for this program is will not be accepted after4 p.m. on the Educational Agencies Responsible for contained in section 406(b)(3) of the closing date. Postsecondary Education General Education Provisions Act as Programinformation: Grants under amended (20 U.S.C. 1221-1 (b](3) and the program are intended to develo or Applications are invited for new (e)). enhance the long-term capability of the awards under the National Center for Eligible applicants are State State educational agency to collect. Education Statistics' Capacity-Building educational agencies as defined in process, analyze or report statistical Program for Statistical Activities in section '164.03(a) of the regulations: data about education. Grants may focus State Educational Agencies. on a reduction of data burden. Authority for this program Is "(a) The State board of education or other improvement: in the timeliness of'data. agency or officer primarily responsible for the contained in section 406(b)(3) of the reporting; improvement in the quality', General Educational Provisions Act as State supervision of public elementary and comparability, or utility of data; secondary schools or if there is no such amended (2D U.S.C. 1221-ib] 3 and. increase in analytical capability; (e)). agency, an officer or agency designated by improvement in the flow of inform'atfon the Governor or by State law." to local educatfonal agencies or other Eligible applicants are State This is referred to as Category (a] and agencies of the State; or similar educational agencies as defined in applicants are requested to designate statistfical objectives. § 164.03 b} of the regulations: this on their application. Availablefunds: Approximately' "{bi A State agency listed in the Appendix The purpose of these grants is to $300G,000Xis avairable for six (61 new, to these regurationswith statewide develop or enhance the long-term projects-in Fiscal Year 1979 with an responsibility for postsecondary education or capability of the State educational expected average amount of $50,00for if there is no such agency, an officeror agency to collect, process, analyze, or agen tdesignated by the GCovernoror by the awards. State law-" report statistical data about elementary/ These figures are only estimates and, secondary education. do not:bind the National Center for Thifis referred to. as Category (14 and Closingdate for transmittalof Education Statistics. applicants are requested to designate applications:Applications must be Applicationforms: Application forms. this on their application. mailed or hand delivered by August 16, andinstructions are mailed.to aff The purpose of these grants is to 1979. eligibre agencies when the Notice of develop or enhance the long-term Applications delivered by mail: An Closing Date is published In the Federal capability of the State educational application sent by mail must be Rekster agency to collect, process, analyze, or addressed to the U.S. Office of Applications must be prepared and report statistical data about elementary/ Education, Application Control Center, submitted Firaccordance with the secondary education. Attention: 13.922(A), Washington, D.C. regulations, instructions, and forms Closing date for transmittalof 20202. included in the program application applications:Applications must be The Administrator of the National package. mailed or hand delivered by August 10, Center for Education Statistics prefers Applicableregulations: The 1979. as proof of timely mailing a legible U.S. regulations applicatble to thiszprogram, Applications deliveredby mail: An Postal Service dated postmark or a are the Office of Education General, application sent by mail must be legible mail receipt with the date of Provisions Regurations! (45 CFR Part addressed to the U.S. Office of mailing stamped by the U.S. Postal lOOa) and the regulation for Capacity Education, Application Control Center, Service. Private metered postmarks or Building for Statistical Activities in. Attentionr 13.922{B), Washington, D.C. mail receipts will not be accepted State Educational Agencies. published in 20202. without a legible date stamped by the this issue. of the Federal Register. The The Administrator of the National U.S. Postal Service., -. . Capacity Building regulation will-be Center forEducation Statistlcs preers Note.-The U.S. Postal Service does not included in the applicationpackage. as proof of timely mailing a legible U.S. uniformly provide a dated postmark. -Frtherinformafon:FPdrfunther Postal Service dated postmarked or a Applicants should check with their local post information contact Donna Mertens, legible mail receipt with the date of office before relying on this method. Federal/State Coordfnatfon Branch mailing stamped by the U.S. Postal National Center for Education Statistics-, Service. Private metered postmarks or Applicants are encouraged to use 400 Maryland Avenue. S.W., mail receipts will not be accepted registered or at least first class mail. Washington. D.C. 20202. Telephone (?202) without a: legible date stamped by the 245-7813 • US.Postal Service, Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 40617

Note-The U.S. Postal Service does not University and College Surveys, mailing stamped by the U.S. Postal uniformly provide a dated postmark. National Center for Education Statistics, Service. Private metered postmarks or Applicants should check with their local posl 400 Maryland Avenue, S.W.. mail receipts will not be accepted office before relying on this method. Washington, D.C. 20202, Telephone (202) without a legible date stamped by the Applicants are encouraged to use 245-8392. U.S. Postal Service. registered or at least first class mail. (20 U.S.C. 1 2l-1(b(3) and (e)) Note.-The U.S. Postal Service does not Each late applicant will be notified (Catalog of Federal Domestic Assistance uniformly provide a dated postmark. that its application will not be Number 13.9224 Capacity Building for Applicants should check with their local post considered in the current competition. Statistical Activities InState Educational office before relying on this method. Applications delivered by hand: An Agencies) application that Applicants are encouraged to use is hand delivered must Dated. July 6,1979. registered or at least first class mail. be taken to the U.S. Office of Education Marie D. Eldridge, Application Control Center, Room 5673, Each late applicant will be notified Administrator.National CenterforEducation that its application will not be Regional Office Building 3, 7th and D - Statistics. Streets, S.W., Washington, D.C. considered in the current competition. IM Doc. 79-=435 Ried 7-10-73; &45 =1 Applications deliveredby hand: An The Application Control Center will BIWING CODE 41104"-li accept hand delivered applications application that is hand delivered must between 8 a.m. and 4 p.m. (Washington, be taken to the U.S Office of Education, D.C. time) daily, except Saturdays, Capacity Building for Statistical *ApplicationControl Center, Room 5673, Sundays, and Federal Holidays. Regional Office Building 3,7th and D Activities; Closing Date for Transmittal Streets, Applications that are hand delivered of Fiscal Year 1979 Applications; State S.W. Washington, D.C. will not be accepted after 4 p.m. on the Educational Agencies Responsible for The Application Control Center will closing date. Vocational Education accept hand delivered applications Programinformation: Grants under between 8 ax. and 4 p.m. (Washington, the program are intended to develop or Applications are invited for new D.C. time) daily, except Saturdays, enhance the long-term capability of the awards under the National Center for Sundays, and Federal Holidays. State educational agency to collect, Education Statistics' Capacity-Building Applications that are hand delivered process, analyze or report statistical Program for Statistical Activities in will not be accepted after 4 p.m. on the data about education. Grants may focus State Educational Agencies. closing date. on a reduction of data burden; Authority for this program is Programinformation: Grants under improvement in the timeliness of data contained in section 406(b)(3) of the the program are intended to develop or reporting; improvement in the quality, General Education Provisions Act as enhance the long-term capability of the comparability, or utility of data; amended (20 U.S.C. 1221-1(b) (3) and State educational agency to collect. increase in analytical capability;, (e]). process, analyze or report statistical improvement in the flow of information Eligible applicants are State data about education. Grants may focus to institutions of higher education or educational agencies as defined in on a reduction of data burden; other agencies-of the State; or similar § 164.03(c) of the regulations: improvement in the timeliness of data statistical objectives. "c) The State Board or agency designated reporting; improvement in the quality, Ayailablefunds: Approximately or established as the sole State agency comparability, or utility of data; $300,000 is available for six (6) new responsible for the administration, or for the increase in analytical capability;, projects in Fiscal Year 1979 with an supervision of the administration, of improvement in the flow of information expected average amount of $50,000 for programs authorized by Part A.Title I of the to local educational agencies, the awards. Vocational Education Act of 193. as institutions of higher education, or other These figures are only estimates and amended by Pub. L.94-482" agencies of the State; or similar do not bind the National Center for This is referred to as Category (c) and statistical objectives. Education Statistics. applicants are requested to designate Availablefunds: Approximately Application forms: Applicatiort forms this on their application. sI,000,000 is available for twenty (20) and instructions are mailed to all The purpose of these grants is to new projects in Fiscal Year 1979 with an eligible agencies when the Notice of develop or enhance the long-term expected average amount of S50,000 for Closing Date is published in the Federal capability of the State educational the awards. Register. agency to collect, process, analyze, or These figures are only estimates and Applications must be prepared and report statistical data about elementary/ do not bind the National Center for submitted in accordance with the secondary education. Education Statistics. regulations, instructions, and forms Closing datefor transmittalof Applicationforms: Application forms included in the program application applications:Applications must be and instructions are mailed to all package. mailed or hand delivered by August 16, eligible agencies when the Notice of Applicableregulations: The 1979. Closing Date is published in the Federal regulations applicable to this program Applications deliveredby mail: An Register. are the Office of Education General application sent by mail must be Applications must be prepared and Provisions Regulations (45 CFR Part addressed to the U.S. Office of submitted in accordance with the 100a) and the regulation for Capacity Education, Application Control Center, regulations, instructions, and forms Building for Statistical Activities in Attention: 13.922(C), Washington, D.C. included in the program application State Educational Agencies published in 20202. package. this issue of the Federal Register. The The Administrator of the National Applicable regulations: Capacity Building regulation The will be Center for Education Statistics prefers regulations applicable to this program included in the application package. as proof of timely mailing a legible U.S. Furtherinformation: For are the Office of Education General further Postal Service dated postmark or a Provisions Regulations information contact Arthur Podolsky, (45 CFR Part legible mail receipt with the date of 100a) and the regulation for Capacity 40618 Federal Register / Vol. 44, No. 134 / Wednesday, July 11. 1979 1 Notices

Buildingfor Statistical Activities in State Educational Agencies published In this issue of theFederaf Register. The. Capacity Building regulation will be included in the application package.. Furtherinformation: For further information contact Donna Mertens, Federal/State Coordinatior Branch, National Center for Education Statistics, 400 Maryland Avenue, S.W., Washingtor. D.C. 20202;. Telephone (202). 245-7813. (20 U.S.. 122r-1(bJ (aj and (e)j. (Catalog of FederalDomestic. Assistance Number 13.922- Capadty-Building for Statistical Activitiesin State Educationar Agenciesl Dated-July 6.1979. Marie Dr. Eldridge, Administrator, VationaOCenerforducahtbn Statistics. IFR Doc 79 -"43&Filed7-4G-79 8.45-am] BILUNG CODE 4M1o-9" mJ i N Wednesday July 11, 1979

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Federal Register / VoL 44, No. 134 / Wednesday, July 11, 1979 / Proposed Rules 40621

DEPARTMENT OF ENERGY Prior to July 15, DOE will further review the comments received in the Economic Regulatory Administration rulemaking and will make such additional changes as the information [10 CFR Part 211] presented in the comments warrant. [Docket No. ERA-R-79-23 etal.I FOR FURTHER INFORMATION CONTACT: William Webb (Office of Public Motor Gasoline Allocation Base Period Information), Economic Regulatory and Adjustments Administration, Room B-110, 2000 M Street, N.W., Washington, D.C. 20461 AGENCY: Economic Regulatory (202) 634-2170. Administration, Department of Energy. William Caldwell (Regulations and ACTION: Notice of Intent to Issue a Final Emergency Planning), Economic Rule. Regulatory Administration. Room 2304, 2000 M Street, N.W., SUMMARY: The Economic Regulatory Washington, D.C. 20461 (202 254- Administration (ERA) of the Department 8034. of Energy (DOE) intends to adopt on July Alan T. Lockard (Office of Fuels 15 final rules amending the mandatory Regulation). Economic Regulatory allocation regulations for gasoline in the Administration, Room 6222. 2000 M following respects: Street, N.W., Washington, D.C. (1) The base period for gasoline 20461 (202) 254-7422. allocation will be established as Joel Yudson (Office of General Counsel), November 1977 through October 1978 (44 Department of Energy, Room GA- FR 26712; 38435, May 4, 1979; June 29, 127, 1000 Independence Avenue, 1979]. -. S.W., Washington, D.C. 20585 (202] (2) The rules regarding the size of 252-6744. allocations to new gasoline retail sales Issued In Washington, D.C., July 6,1979. outlets will be changed to limit assigned volumes to either the typical sales David J. Bardia. volume for outlets of the same type or Administrator,Economic Regulatory the average sales volume for all retail Administration. outlets nationally during the base period IFRDoc- 70-211=4-Filed 6 -1-779.9 =114 BILLING CODE 6450-01-.M year, whichever is less. The rule will. apply to all new outlets for which no assigned base period volume had been made by July 6,1979 and in which an investment in the capital costs of the outlet (excluding real estate) has not exceeded 25 perceit of total capital costs on July 6, 1979. All other new outlets will be covered by the existing rule. DOE has determined not to adopt the proposal made-by some commenters in the rulemaking that purchasers be allowed to choose between their 1972 adjusted or November 1977-October 1978 base period volumes, whichever is larger. Such an adjustment would have the effect of reducing allocation fractions of all suppliers and reducing total available supplies to the substantial number of marketers of gasoline who have increased their sales volumes since 1972. The effect of such a rule would in general be to shift gasoline supplies away from geographical regions that have experienced substantial growth and to areas that have not experienced such growth, thus exacerbating the present shortages in high growth areas. The reasons for this decision will be described in further detail in the notice to be issued on July 15.

Wednesday July 11, 1979

= -

=-== - Part VI Office of Management and Budget Audit Requirements for State and Local Governments 40624 Federal Register I Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices

OFFICE OF MANAGEMENT AND 2.Definition "Recipient organization" a. Are necessary'and reasonable for BUDGET means a State department, a local the proper administration of the government, or a subdivision of such program. Audit Requirements for State and entities that receives Federal b. Conform to any limitations or Local Governments assistance. It does not include State and exclusions in the award. local institutions of higher education or c. Were given consistent accounting This notice offers interested parties an treatment and applied uniformly to both opportunity to comment on a proposed hospitals, which are covered by OMB revision to Circular A-102, "Uniform Circular A-110. federally assisted and other activities of Administrative Requirements For 3. State and local governments may the recipient. Grants-In-Aid to State and Local use their own procedures to arrange for d. Were net of applicable credits. Governments." The revision would independent audits, and to prescribe the e. Did not include costs properly expand and clarify the rules governing scope of audits, provided the audits chargeable to other federally assisted audits of federally assisted programs. comply with the requirements set forth programs. properly recorded (i.e., correct At the present time, Circular A-102 below. The provisions of this attachment f. Were provides, in Attachment G, that grantee do not limit the authority of Federal amoufit, date) and supported by source financial management systems shall agencies to make audits of recipient documentation. provide for audits at least once every organizations. However, if independent g. Were approved In advance, If two years. Our objective in establishing audits arranged for by State and local subject to prior approval in accordance the proposed requirements is to insure governments meet the requirements with Circular 74-4. that (1) grantee audits are made on an prescribed below, all Federal agencies h. Were subject to competitive organization-wide basis, rather than on shall rely on them, and any additional purchasing procedures, if covered by a grant-by-grant basis, and (2) such gudit work should build upon the work Attachment 0 of this Circular. audits meet standards that will be already done. i. Were allocated equitably to acceptable to all Federal grantor 4. Audits shall be made in accordance benefiting activities, including non- agencies. with the General Accounting Office Federal activities. StandardsforAudit of Governmental 7. Audits will be made at scheduled The specific changes being considered intervals, usually annually, but not less are set forth below. Comments should Organizations,Programs, Activities,&B Functions, the Guidelinesfor Financial frequently than every two years. be submitted in duplicate to the 8. If the auditor becomes Financial Management Branch, Budget and ComplianceAudits of Federally aware of Assisted Programs,any compliance irregularities in the recipient Review Division, Office of Management organization, the auditor shall promptly and Budget, Washington, D.C. 20503. All supplements approved by OMB, and generally accepted auditing standards notify the cognizant Federal audit comments should be received within 60 agency and recipient top management days of date of this publication. Contact established by the American Institute of person: John J. Lordan (202) 395-6823. Certified Public Accountants. officials. Irregularities include such 5. Audits will include, as a minimum, matters as conflicts or interest, VeIma N. Baldwin, falsification of records or reports, and Assistantto the DirebtorforAdministration. an examination of financial and operating controls, financial misappropriation of funds or other CircularA-i02; Attachment P;Audit transactions, ,and accounts and reports assets. Requirementsfor State andLocal of recipient organizations to determine 9. The audit report shall Governments whether: a. State whether the audit was done in accordance with the standards set forth 1. This attachment establishes audit a. Theyamaintain effective control in paragraph 4. requirements for State and local over and properly account for revenues, ,expenditures, assets, and b. Identify the period covered by the govermnents receiving Federal liabilities. audit, the various programs under which assistance. It provides for independent b.The financial reports (including the audited organization received audits of financial operations, including Financial Status Reports, Cash Reports, Federal funds, the amount of awards compliance with certain provisions of and claims for advances and received, and the amounts tested in the Federal law and regulation. The reimbursements contain accurate and audit. requirements are established to insure reliable financial data; and are c. Include appropriate financial that audits are made on an organization- presented in accordance with the terms statements of the recipient organization, wide basis, rather than on a grant-by- of applicable assistance agreements, grant basis. Such audits are to and an opinion on the fairness of the and in accordance with Attachment H of financial statements in accordance with determine (a) whether financial this Circular. generally accepted accounting operations are properly conducted, (b) c. Federal funds are being expended principles. If an unqualified opinion whether the financial reports are in accordance with the terms of cannot be expressed, the nature of the presented fairly, (c) whether the applicable assistance agreements and qualification should be stated. organization has complied with laws those provisions of Federal law or d. Provide an opinion on the accuracy and regulations concerning the regulations that could have a material and expenditure completeness of financial reports of Federal funds, and (d] effect on the financial statements or on and claims for advances or whether internal procedures have been the awards tested. established to meet the objectives of reimbursement to Federal agencies. 6. In order to accomplish the purposes e. Contain a statement on whether the federally assisted programs. Except set forth above, a representative number where specifically required by Federal operations of therecipient comply with of charges to Federal awards shall be requirements that could have a material law no additional requirements for audit tested. The test shall be representative will be imposed on State and local effect on its financial statements or on of (1) the universe of Federal awards an individual award (See paragraph governments unless approved by the received, and (2) all cost categories that Office of Management and Budget. 5.c.). materially affect the award to determine f. Include comments on system whether the charges: deficiencies, irregularities, and the Federal Re ister / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Notices 4U625 Federal Register I Vol. 44. No. 134 I Wednesday. July 11, 1979 / Notices 49625 adequacy of financial and f. Maintaining a followup system on administrative controls. (This may be in audit findings and Investigative matters the form of a separate management to assure affected agencies resolve audit letter.] findings. g. Comments on corrective action g. Informing other affected audit -taken or planned by the recipient. agencies of irregularities uncovered. The 10. Survey and audit workpapers and audit agencies, in turn, shall inform all reports shall be retained for a minimum appropriate officials in their respective of three years from the date of the audit agencies. Appropriate State or local report, or until such later date as all government law enforcement and audit findings are resolved. The audit prosecuting authorities shall also be' workpapers shall be made available informed of irregularities within their- upon request to the cognizant audit jurisdiction. agency or its designees, and the General 14. Primary recipients shall require Accounting Office or its designees. subrecipients to adopt the requirements 11. The Office of Management and in paragraph 1. through 10. above. Budget in cooperation with the Federal [FR Doc. 79 -14= Filed 7-10-7 &4S am] - agencies and State and local BILLING CODE 3110-01-U governments will develop a program to assure that recipient audits are made in accordance with the standards set forth in paragraph 4. 12. The Office of Management and Budget will designate cognizant Federal audit agencies for major recipient organizations. 13. The cognizant Federal audit agency shall have the following responsibilities: a. Obtaining or making quality assessment reviews of the work of non- Federal audit organizations, and providing the results to other interested Federal audit agencies. (If a non-Federal audit organization is responsible for audits of recipients that have different cognizant audit agencies, a single quality assessment review will be arranged.) b. Receiving, reviewing, and distributing all audit reports of recipients that affect federally assisted programs to applicable Federal audit officials along with comments on acceptability. c. Whenever a quality assessment or a review discloses significant inadequacies in an audit, the recipient will be advised and the auditor will be called upon to take corrective action. If corrective action is not taken, the cognizant agency shall notify the recipient Federal awarding agencies, and OMB of the facts and its recommendation. Major inadequacies or repetitive substandard performance of independent auditors shall be referred by the cognizant audit agency to appropriate professional bodies. d. Assuring that satisfactory audit coverage is provided in a timely mannei and in accordance with the provisions of this attachment. e. Providing technical advice and acting as a liaison between Federal agencies, independent auditors, and recipient organizations.

Reader Aids Ferl Register VoL 44. No. 134 Wednesday; July 11, 1979

INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING JULY Register Questions and requests for specific information may be directed At the end of each month, the Office of the Federal to the following numbers. General-inquiries may be made by publishes separately a list of CFR Sections Affected (LSA). which diaFn 202-523-5240. lists parts and sections affected by documents published since the revision date of each tite. Federal Register, Daily Issue: I CFR 220 - 40004 202-783-3238 Subscription orders (GPO) 226 39078,39413 202-275-3054 Subscription problems (GPO) 305 .38817 38826 917 . 40071 of highlighted 480-.. 924 38531 "Dial-a-Reg" (recorded summary Proposed Ruter: documents appearing in next day's Issue): 947 .. 38531 202-523-5022 Washington. D.C. Ct. L..... 40070 1049 40313.40520 312-663--0884 Chicago, Ill. 1464 40609 3 CFR 213-688-8694 Los Angeles, Calif. 1701 - 40319.40321 202-523-3187 Scheduling of documents for publication AdmWoitra.ve Odars 1804 39432 523-5240 Photo copies of documents appearing in the Presidential DOmlnAtlonM 1924 39432 Federal Register No. 73-10 of Jan. 2. 3100 40258 523-5237 Corrections 1973 (Amended by No. 523-5215 Public Inspection Desk 79-11 of June 21, 8 CFR 523-5227 Finding Aids 1979)-...... 38437 Proposed Rules: 523-5235 Public Briefings: "How To Use the Federal No. 79-11 of 10M 39183 Register." June 21. 1979 - 38437 9 CFR. Code of Federal Regulations (CFR): 5 CFR 73 , ,4 40276 523-3419 711 -39371 V .39374 523-3517 204 39151 523-5227 Finding Aids Proposed Rules: 871 . 40313 Presidential Documents: 10 CFR 523-5233 Executive Orders and Proclamations 7 CFR Ch. 1 40055 205 .39375 523-5235 Public Papers of the Presidents, and Weekly ?-- - - - .38439 Compilation of Presidential Documents 26...... 38439 211 39375 219 ...... - 39375 Public Lawsz 27_- - - 40491 - 40491 430 . 39153 523-5266 Public Law Numbers and Dates. Slip Laws. US. 28 460 40044 -5282 Statutes at Large. and Index 61-- -.- 40491 301.-. 38829 461 40262 275-3030 Slip Law Orders (GPO) 90-... . . 39151 490 39344 Other Publications and Services: 905 .40051 Proposed Rules: 906 39151 25 38533 523-5239 TrY for the Deaf 95 .38533 523-5230 U.S. Government Manual 910 39371 917...-.- 38447.40051 211 40321,40621 523-3408 Automation 212 40324, 40329,40330 523-4534 Special Projects 930 .. 39152 946. 40052 490 .39467 947__ ..38830 580 40330 948.- 38829 585 40330 FEDERAL REGISTER PAGES AND DATES, JULY 958...... 39152 782 . 40521 967-..... 38830 903 --..... 39184 1446-_. 40053 11 CFR 33817-39150 ...... =.. 1464 40275 1700. 39372 100 39338 39151-39370...... 5 110 39338* 39371--40050 ...... 1701 39372 114 -39338 40051-40274-...... 9 1803 .. 38440 40275-40490 .-...... 10 1823 38440 12 CFR 40491-40626...... 11 265 38448 1901 38440 '340 39381 1942...... 38440 3 346 . 40056 541 39106 54 .. 3910 1943. 38440 543 39108 1945 38440 544 39108 1955.. 38440 545 .39108 Proposed Rules: 546 39108 Ch. - 39413 547 39108 1 39409 548 - .. 318 29- ... 40606 549 .39108 210 40004 551 39108 559 -39108 ii Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Reader Aids

555 ...... 39108 20 CFR 1627 ...... 38459 42 CFR 556 ...... 39108 404 ...... 38452 Proposed Rules: 51b ...... 40500 701 ...... 39182,39382,39383 416 ...... 38456 Ch. XII ...... 40354 405 ...... 40506 Proposed Rules: 725 ...... 38840 524 ...... 38910 525 ...... 38910 44 CFR Ch VII ...... 38560 Proposed Rules: 103 ...... 39183 404 ...... 38879, 40526-40532 64 ...... 40290,40293 206 ...... 38543 416 ...... 38879. 40531, 40532 30 CFR 67 ...... 39165-39175, 39394- 340 ...... 39469 Proposed Rules: 39403,40086-40098,40294- 21 CFR 250 ...... 40355 40310,40506-40515 14 CFR 145 ...... 40276 Proposed Rules: 39 ...... 39153,39154 193 ...... 38841, 40281, 40282 31 CFR 67...... 39230,39231,39508 522 ...... 71 ...... 38449, 38450, 39154, 39387,40283 515 ...... 38843 39155 556...... 39388 45 CFR 73 ...... 38450 558 ...... 39387, 40283 32 CFR 164 ...... 40612 ...... 39155 561 ...... 38841, 40282 1069.4 ...... 38479 95 ...... 40494 573..: ...... 40283 1289 38461 116a ...... 39404 211 ...... 1810 ...... 39390, 300 ...... 39384 601 ...... 40284 Proposed Rules: 302...... 40495 610 ...... 40284 Proposed Rules: Ch.Xl1 ...... 38607 1214 ...... 39384 650 ...... 40284 701 ...... 38910 71 ...... 38605 Proposed Rules: Proposed Rules: 233 ...... 38606 33 CFR Ch. II...... 40333 145...... 40336 1110 ...... 39509 61 ...... 38563 172...... 40343 165 ...... 38470 63 ...... 38563 182...... 40343 46 CFR 71 ...... 38566-38569, 39191 203 ...... 40016 36 CFR 25 ...... 38770- 433 ...... 39469 / 1228 ...... 39332 33 ...... 38778 15 CFR Proposed Rules: 35...... 38778 22 CFR ...... 38778 30 ...... 38832,40064 222 ...... 40355 75 42 ...... 38842 78 ...... 38778 38778 Proposed Rules: 39 CFR 94 ...... 16 CFR - 7 ...... 39473 97 ...... 38778 13 ...... 38451, 38833 50 ...... 39473 10 ...... 40066 108 ...... 38778 1209 ...... 39938,39983 51 ...... 39473 111 ...... 39471,39852 109 ...... 38778 1404 ...... 39993 233 ...... 39161 161 ...... 38778 Proposed Rules: 23 CFR 242 ...... 39855 164 ...... 38778 243 ...... 39855 Ch 1 ...... 38854 40065 167 ...... 38778 660 ...... 247 ...... 39855 13 ...... 39191,40333 667 ...... 40065 180 ...... 38778 423-...... 38570,40523 248 ...... 39855 185 ...... 38778 ...... 39855 1019 ...... 40524 24 CFR 257 192 ...... 38778 38857 258 ...... 39855 1201 ...... 510 ...... 38842 196...... 38778 1700 ...... 39195 Proposed Rules: 502 ...... 40516 2205...... 39198- 310 ...... 40076 503 ...... 40516 Proposed Rules: 320 ...... 40076 505 ...... 39176 17 CFR Subtitle A...... 38572 Proposed Rules: 230 ...... 38810 Subtitle B ...... 38572 40 CFR 536 ...... 38913,39232 240 ...... 38810 58...... 38572 249 ...... 39386 570...... 40075 35 ...... 39328 538 ...... 39232 250 ...... 38810 52 ...... 38471, 38473, 38843 552 ...... 39232 260...... 38810 25 CFR 65 ...... 38476,38477 80 ...... '...... 39390 47 CFR 270 ...... 40064 Proposed Rules: Proposed Rules: 180 ...... 38843-38845 0 ...... 39179 52...... 40345 434 ...... 39391 231 ...... 38792 53...... 40349 1...... 38481, 39179 239 ...... 39196 Proposed Rules: 2 ...... 39179,40310 241 ...... 38792 26 CFR 35 ...... 38575 18 ...... 39179 251 ...... 38792 51 ...... ;...... 40359 68 ...... 38847 1 ...... 38458, 40496 52 ...... 38578,38587,38912, 73 ...... 38481, 38845, 38848, 270 ...... 39197 44 ...... 40497 275 ...... 40072 39234,39480-39485,40078, 39179,40311 Proposed Rules: 40360,40361 81 ...... 38848,39179 1...... 39200, 39201, 39476, 65 ...... 38603 83 ...... 38848,39179 18 CFR 39477 81...... 38585,38587, 39486, 87 ...... 39179 38572, 39477 154 ...... 38834 31 ...... 40078 90 ...... 40310.40517 287...... 38837 120 ...... 39486 94 ...... 39179 290 ...... 40064 27 CFR 146 ...... 40532 Proposed Rules: 294 ...... 40495 201 ...... 39389 425 ...... 38746 1 ...... 38913 Proposed Rules: Proposed Rules: 1500 ...... 39233,39236 64 ...... 39513 Ch.I ...... 38857 201 ...... 38573 1510 ...... 39233,39236 73 ...... 38917,39550,40532 35 ...... 40525 240 ...... 40351 76 ...... 38918 157 ...... 40072 41 CFR 90 ...... 39555 292 ...... I...... 38863,38872 28 CFR Ch.I ...... 38478 0 ...... 40498 7-7 ...... 39162 48 CFR 19 CFR 2...... 38459 7-13 ...... 39162 Proposed Rules: 159 ...... 38839 101-19 ...... 39392 3 ...... 38608 Proposed Rules: . 29 CFR 101-27 ...... 39392 30 ...... 38608 141 ...... 36571,40075 850 ...... 38459 Proposed Rules: 31 ...... 38608 142 ...... 40075 1613 ...... 40498 14R-9 ...... 39201 50 ...... 38608 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Reader Aids iii

49 CFR

831 ...... 39181 845 ...... 39181 1033-38844, 38850. 39405- 39407,40067,40068 106...... 06 1125 ...... 38851 1245 ...... 40518 1246 ...... 40518 Proposed Rues Ch. X. .... 38609. 39555 229...... 38609 229 ...... 38609 230......

1056-...... 38918 1100...... 39558 1127...... 90

50 CFR 26 ...... 38852,40518 ...... 39408 285 ...... 39182 653 ...... -... 38529 674..... 40519 Proposed Rules: .. ..7...... 8 1 20_ ...... 40534 61 1 ...... 39564, 40099 672 --...... 40099 801---... . .40598 802..-...----...... 40598 803 ...... ---... 40598

..40598 iv Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 I Reader Aids

AGENCY PUBLICATION ON ASSIGNED DAYS OF THE WEEK The following agencies have agreed to publish all This is a voluntary program. (See OFR NOTICE documents on two assigned days of the week FR 32914, August 6, 1976.) (Monday/Thursday or Tuesday/Friday).

Monday Tuesday Wednesday Thursday Friday DOT/SECRETARY* USDA/ASCS DOT/SECRETARY* USDA/ASCS DOT/COAST GUARD USDA/APHIS DOT/COAST GUARD USDA/APHIS DOT/FAA USDA/FNS DOT/FAA USDA/FNS DOT/FHWA USDA/FSQS DOT/FHWA USDA/FSQS DOT/FRA USDA/REA DOT/FRA USDA/REA DOT/NHTSA MSPB/OPM DOT/NHTSA MSPB/OPM DOT/RSPA LABOR DOT/RSPA LABOR DOT/SLS HEW/FDA DOT/SLS HEW/FDA DOT/UMTA DOT/UMTA CSA CSA

Documents normally scheduled for publication on Comments on this program are still invited. *NOTE: As of July 2, 1979, all agencies In a day that will be a Federal holiday will be Comments should be submitted to the the Department of Transportation, will publish published the next work day following the Day-of-the-Week Program Coordinator. Office. of on the Monday/Thursday schedule. holiday, the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408

REMINDERS Food Safety and Quality Service- 22795 4-17-79 / Nitrates and nitrites in meat products, extension of time for submission of data; comments extended to The items in this list were editorially compiled as an aid to Federal 7-17-79 Register users. Inclusion or exclusion from this list has no legal [First published at 42 FR 55620,10-18-77] significance. Since this list is intended as a reminder, it does not Rural include effective dates that occur within 14 days of publication. Electricfication Administration-. 28383 5-15-79 / Environmental policies and procedures; Rules Going Into Effect Today comments by 7-16-79 TRANSPORTATI ON DEPARTMENT CIVIL AERONAUTICS BOARD Coast Guard- 36089 6-211-79 / Braniff Airways and Ozark Airlines grant of 34132 6-14-79 / Wheeled semi-portable fire extinguishers Dallas/Fort Worth Little Rock Authority, comments by 7-18-79 Next Week's Deadlines for Comments On Proposed Rules 28670 5-16-79 / Commissions for sale of air transportation: AGRICULTURE DEPARTMENT general policy statements; comments by 7-16-79 Agricultural Marketing Service- COMMERCE DEPARTMENT 28805 5-17-79 / Brown rice and milled rice; redefinition of paddy National Oceanic and Atmospheric Administration- kernels; comments by 7-16-79 29080 5-18-79 I Alaska salmon fishery; comments by 7-1-70 28806 5-17-79 / Definition of foreign material in standards for 29300 5-18-79 FFish and Wildlife Coordination Act, procedures beans; comments 7-16-79 for Federal agency compliance; comments by 7-17-70 34508 6-15-79 / Irish potatoes grown in certain designated 34963 '6-18-79 / Taking of marine mammals Incidental to counties in Idaho and Malheur County, Oreg., proposed commercial fishing operations; permits: comments by handling regulations; comments by 7-15-79 7-18-79 37952 6-29-79 / Onions grown in certain designated counties in COMMODITY FUTURES TRADING COMMISSION Idaho and Malheur County, Oreg.; comments by 7-16-79 28678 5-46-79 / Requirement of foreign brokers and foreign 27665 5-11-79 / Packers and stockyards; poultry licensees traders to designate an agent in the U.S. to receive service operating indesignaited poultry marketing areas; comments of communications issued by the Commission; comments by 7-16-79 by 7-16-79 36055 6-20-79 / Peaches grown in Mesa County, Colo.; comments DEFENSE DEPARTMENT by 7-20-79 Army Department- Agricultural Stabilization and Conservation Service- 34519 6-15-79 / Administrative procedures, shipping safety 35230 '6--19-79'/Temination of marketing quotas on cigar-binder ffii-ways and anchorads Gulfef Mexx6o: comments by (types 51 and 52] tobacco for 1979-80 marketing year;, '7-16-79 comments by 7-19-79, Office of the Secretary- Farniers'Home Administration- 35248 5-19-79 / Revision of directive on epiisted administrative 28655 5-16-79 / Rural rental housing loan policies, 'procedures, separation's; comme'nts by 7-19-79 and authorizations; comments by 7-16-79 ..... • ENERGY DEPARTMENT 33847 6-13-79 / Procedures Governing Collection and Reporting of Information Concerning Cost of Providing Retail Electric Service; comments by 7-15-79 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Reader Aids v

Federal Energy Regulatory Commission- 36286 6-21-79 / Radio Technical Commission for Aeronautics. Special Committee 142. Washington. D.C. (open), 7-17 and / Ceiling prices; high-cost natural gas; comments 34511 6-15-79 7-18-79 by 7-16-79 37015 6-25-79 / Specifications of portable radio equipment to be 34969 6-18-79 / Ceiling prices; high cost natural gas; comments used In totally enclosed lifeboats; comments by 7-17-79 by 7-16-79 28028- 5-14-79 / Television broadcast stations In Georgia. 37500 6-27-79 / Interim procedures for shortages of electric 28032 Virginia. and Wisconsin: changes in table of assignments: energy and capacity; comments by 7-15-79 reply comments by 7-19-79 37499 6-27-79 / Natural gas curtailment: essential agricultural 30129 5-24-79 / Television broadcast stations in McAllen and and high priority users; petition for priority treatment: Brownsville. Tex.; changes in table of assignments comments by 7-15-79 comments by 7-16-79 ENVIRONMENTAL PROTECTION AGENCY FEDERAL DEPOSIT INSURANCE CORPORATION 35277 6-19-79 / Approval of administrative order issued by Ohio 34510 0-15-79 / Routine public disclosure of trust department EPA to B. F. Goodrich Co.; comments by 7-19-79 annual reports of assets filed by State nonmember insured 35279 6-19-79 / Approval of administrative order issued by Ohio banks; comments by 7-16-79 EPA to Cooper Tire and Rubber Co.; comments by 7-19-79 FEDERAL TRADE COMMISSION 35275 7-19-79 / Approval of administrative order issued by Ohio 38570 7-2-79 / Care labeling of textile products and leather EPA to Fox Paper, Inc.; comments by 7-19-79 wearing apparel; comments by 7-17-79 34603 6-15-79 / Commonwealth of Pennsylvania; Section 107 HEALTH, EDUCATION, AND WELFARE DEPARTMENT attainment status designations; comments by 7-1-79 Food and Drug Administration- 33433 6-11-79 / Development of standards for uranium mill tailings and report on uranium mining wastes; written 28334 5-15-79 / Amoniated glycyrrhizn; affirmation of GRAS information by 7-20-79 status as of direct human food Ingredient with specific limitations; comments by 7-16-79 35264 6-19-79 / Mississippi; 1979 implementation plan revisions; comments by 7-19-79 17070 3-20-79 / Chemical compounds in food-producing animals; carcinogenic residues: comments by 7-18-79 35158 NEPA. implementation procedures; comments by 7-18-79 [Corrected at 44 FR 20718. 4-6-79] 31567 5-31-79 / Polychlorinated biphenyls; amendment to criteria for chemical waste landfills; comments by 7-16-79 28332 5-15-79 / Corn silk: removal from GRAS status as direct human food ingredient: comments by 7-16-79 34522 6-15-79 / Proposed delayed compliance order for Amoco Oil Co.; comments by 7-16-79 29105 5-18-79 / Frozen concentrated orange Juice, reduced acid. identity standard: comments by 7-17-79 34520 6-15-79 / Proposed approval of an administrative order issued by the Iowa Department of Environmental quality 28336 5-15-79 / Glycerophosphates. affirmation and deletion of to Norris Construction Co., Ottumwa. Iowa; comments by GRAS status comments by 7-16-79 7-16-79 29102 5-18-79 / Lard and lard oil: proposed affirmative of GRAS 34521 6-15-79 / Proposed approval of an administrative order status as indirect human food ingredients: comments by issued by the Iowa Department of Environmental Quality 7-17-79 to Northwestern State Portland Cement Co., Mason City, 52732 11-14-79 / Oral hypoglycemic drugs: proposed labeling Iowa; comments by 7-16-79 requirements; availability of agency analysis;comments

33116 - 6-8-79 / Regulation of fuel and fuel additives; lead phase- by 7-16-79 down regulations; comments by 7-20-79 [Comment period extended at 44 FR 177201 ENVIRONMENTAL QUALITY COUNCIL 36421 6-22-79 / Vitamin and mineral drug products for over-the- counter human use: proposed rulemaking: comments 28196 5-14-79 / Revision of National Oil and Hazardous to 7-16-79 substances pollution contingency plan; comments by extended .7-16-79 [Originally published at 44 FR 16120. March 16,1979] FEDERAL COMMUNICATIONS COMMISSION Health Care Financing Administration- 38917 7-3-79 / Applications for certificates of compliance and 28768 5-16-79 / Medicare program: definition of hospital special Federal-State/local regulatory relationships; comments by care units for reimbursement purposes; comments by 7-16-79 7-16-79 28347 5-15-79 / Cable television syndicated program exclusivity HOUSING AND URBAN DEVELOPMENT DEPARTMENT rules; inquiry into economic relationship between Federal Housing Commissioner-Office of Assistant television broadcasting and cable television; comments by Secretary for Housing- 7-17-79 28685 5-16-79 / Increase in loan amount and term: comments by 31679 6-1-79 / Conventional land mobile radio systems; co- 7-16-79 channel mileage separation change and frequency loading standards: reply comments by 7-18-79 INTERIOR DEPARTMENT 31673 6-1-79 / FM broadcast stations in Duncan. Okla.: change Office of the Secretary- in table of assignments; comments by 7-17-79 29300 5-18-79 / Fish and Wildlife Coordination Act. procedures 26955 5-8-79 / FM broadcast stations in Grove. Okla.; proposed for Federal agency compliance; comments by 7-17-79 changes in table of assignments; reply comments by INTERSTATE COMMERCE COMMISSION 7-16-79 32011 6-4-79 1 Applicability of predominant article theory in 30128 5-24-79 / FM broadcast stations in Haskell. Tex.; change publication of updated tariffs; comments by 7-16-79 in table of assignments; comments by 7-16-79 34994 6-18-79 1 Carriers of household goods: investigation into 32720 6-7-79 / Public utility distribution automation systems, estimating practices: comments by 7-18-79- regulations; reply comments-by 7-15-79 (Originally published at 43 FR 54106, 11-20-78) Vi Federal Register I VoL 44, No. 134 / Wednesday, July 11, 1979 / Reader Aids

DEPARTMENT OF JUSTICE ARTS AND HUMANITIES NATIONAL FOUNDATION Bureau of Prisons- 35325 6-19-79 / Dance advisory panel, Washington, D.C. 23174 4-18-79 / Control, custody, care, treatment, and instruction (partially open), 7-16 through 7-18--79 of inmates; comments by 7-15-79 36271 6-21-79 / Humanities Panel, Washington, D.C. (closed), LABOR DEPARTMENT 7-16-79 Employment and Training Administration- CIVIL RIGHTS COMMISSION 36219 6-21-79 / California 36087 6-20-79 / Comprehensive Employment and Training Act; Advisory Committee, Los Angeles, sectarian activities; comments by 7-20-79 Calif. (open), 7-20-79 37647 6-28-79 / Delaware 36087 6-20-79 / Sectarian activities under the Comprehensive' Advisory Committee, Wilmington, Del, (open), 7-17-79 Employment and Training Act; comments by 7-20-79 36441 6-22-79 / Louisiana Advisory Wage and Committee, Baton Rouge, La. Hour Division- (open), 7-20-79 38910 7-3-79 / Hearing on special minimum wages for 38952 7-3-79 / Maryland Advisory Committee, Maryland (open), handicapped workers in competitive employment and .7-21-79 employment of handicapped clients in sheltered workshops; comments by 7-19-79 33137 6-8-79 [ Massachusetts Advisory Committee, Boston, Mass. (open), 7-18-79 ERSONNEL MANAGEMENT OFFICE 37647 6-28-79 / Missouri Advisory Committee, Kansas City, Mo. 29086 5-18-79 / Federal Employees Health Benefits program; (open), 7-18-79 opportunities to register to enroll or change enrollment; comments by 7-17-79 COMMERCE DEPARTMENT Industry and Trade Administration- POSTAL SERVICE 38613' 7-2-79 1 Computer Systems Technical 33068 6-8-79 / Express mail metro service-additional Advisory Committee, Foreign Availability Subcommittee, metropolitan areas; comments by 7-18-79 Washington, D.C. (partially open), 7-17-70 SECURITIES AND EXCHANGE COMMISSION 36444 6-22-79 / Hardware Subcommittee of the Computer 26692 5-4-79 / Price protection for public limit orders; comments Systems Technical Advisory Committee, Washington, D.C. by 7-15-79 (closed), 7-18-79 SMALL BUSINESS ADMINISTRATION 37967 6-29-79 /Licensing Procedure Subcommittee of the Computer Systems Technical Advisory 35236 Committee, 6-19-79 / Establishment of new size standard for retail Washington, D.C. (open), 7-17-79 heating oil dealers for purposes of SBA loan programs; comments by 7-19-79 National Oceanic and Atmospheric Administration- 34171 6-14-79 / Mid-Atlantic Fishery TRANSPORTATION DEPARTMENT Management Council, Cape May, N.J., 7-17; Ocean City. Md.. 7-18; Norfolk, Va,, Coast Guard- 7-19-79 31592 5-31-79 / Navigation safety Iegulations, electronic DEFENSE DEPARTMENT navigation equipment; comments by 7-16-79 Air Force Department- Federal Highway Administration- 37652 6-28-79/USAF Scientific Advisory Board Operational 'rest 28946 5-17-79 / Highway beautification program; outdoor and Evaluation Advisory Group, Kirtland Air Force Base, advertising and junkyard control; comments by 7-15-79 N. Mex. (closed), 7-17 and 7-18-79 25388 4-30-79 / Reassessment of Highway Beautification 37652 6-28-79 1 USAF Scientiflc Advisory Board, Summer Study program; comments by 7-15-79 Group on Interdependence of SALT, Breakout and Specifio Office of the Secretary- MX Employment Variables, Newport, R.I. (closed), 7-10 through 7-21-79 28928 5-17-79 / Participation by minority business enterprise in Army Department- contracts and programs; comments by 7-16-79 36447 6-22-79 / Army Science Board, Charlottesville, VETERANS Va., ADMINISTRATION (closed), 7-16 through 7-20-79 34975 6-18-79 / Regional Office Committees on Waivers and Navy Department- Compromises; comments by 7-18-79 - 37529 6-27-79 / Secretary of the Navy's Education Advisory Board on 34977 6-18-79 / Veterans education; independent study; and Training (SABET). Monterey, Calif. (open), comments by 7-18-79 7-18 and 7-19-79 Next Weeks Meetings: Office of the Secretary- 36222 6-21-79 / DOD Advisory Group on Electron Devices, ACCIDENT AT THREE MILE ISLAND, PRESIDENT'S Working Group A; New York, N.Y. (closed), 7-17 and COMMISSION ON 7-18-79 39055 7-3-79 / Issuance of Subpoenas, Washington, D.C. 37330 6-26-79 / Defense Science Board Task Force (partially open), 7-18 through 7-20-79 on High Energy Lasers, La Jolla, Calif. (closed), 7-18 thrt 7-21-70 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES 35283 6-19-79 / Defense Science Board summer study panel on 34998 6-18-79 / Committee on Licenses and Authorizations, comprehensive test ban, Arlington, VA (closed), 7-19 and Washington, D.C. (open), 7-20-79 7-20-79 30149 5-24-79 / Joint AGRICULTURE DEPARTMENT Strategic Target Planning Staff Scientific Advisory Group, Offut Air Force Base, Nebr. (closed), 7-17 Forest Service- through 7-19-79 36214 6-21-79 / Routt National Forest Grazing Advisory Board, 30149 5-24-79 / Wage Committee, Washington, D.C. (closed), Steamboat Springs, Colo. (open), 7-16-79 7-17-79 Office of the Secretary- 38949 7-3-79 / Meat and poultry inspection National Advisory Committee, Washington, D.C. (open), 7-18-79 Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Reader Aids vii

ENERGY DEPARTMENT 39030 7-3-79 / National Advisory Committee on the White Economic Regulatory Administration- House Conference on Families. Washington. D.C. (open). 7-19 and 7-20-79 36448 6-22-79 / Coordinating Subcommittee of the Committee on Social Security Administration- Refinery Flexibility, Washington. D.C. (open). 7-10-79 31668 o-1-79 / Freedom of information Chicago. Inl. (open). -33723 6-12-79 / Fuel Oil Marketing Advisory Committee, San Francisco, Calif. (open), 7-18 and 7-19-79 7-17-79 31668 6-1-79 / Freedom of information. Dallas. TX.. (open). [Originally published at 44 FR 31701, June 1,19791 7-17-79 32438 6-6-79 / National Petroleum Council. refinery capability. task group of the Committee on Refinery Flexibility. INFORMATION NETWORK STRUCTURE AND FUNCTIONS ADVISORY COMMITTEE Washington. D.C. (open), 7-21-79 PROTECTION AGENCY 38945 7-3-79 1 Establishment of communications network. ENVIRONMENTAL Washington. D.C. (open). 7-19-79 39024 7-3-79 / Federal Insecticide. Fungicide and Rodenticide Scientific Advisory Panel. Arlington. Va. (open). 7-19 and INTERIOR DEPARTMENT 7-20-79 Land Management Bureau- FEDERAL COMMUNICATIONS COMMISSION 34201 6-14-79 / Butte District Grazing Advisory Board. Butte. 37710 , 6-28-79 I Radio Technical Commission for Aeronautics Mont. (open). 7-10-79 Executive Committee, Washington. D.C. (open), 7-20-79 36267 6-21-79 / Little Sahara Recreation Area. Juab County. 39028 7-3-79 / Radio Technical Commission for Marine Services. Utah. Salt Lake City. Utah. 7-18, and Nephi. Utah. 7-19-79 Washington, D.C. (open], 7-19-79 (both sessIons open) FEDERAL PREVAILING RATE ADVISORY COMMITTEE 32748 6-7-79 1 Montrose District Grazing Advisory Board. Montrose, Colo. (open). 7-17 and 7-10-79 35290 6-19-79 / Rate System and Prevailing and Other Pertinent Matter. Washington, D.C. (open), 7-19-79 34203 0-14-79 / Roswell District Grazing Advisory Board (open). 7-19-79 GENERAL SERVICES ADMINISTRATION LABOR DEPARTME rT 37335 6-26-79 1 Regional Public Advisory Panel on Architectural and Engineering Services, Denver, Colo. (open), 7-18 and Occupational Safety and Health Administration- 7-19-79 38006 6-29-79 / Advisory Committee on Constructioa Safety and HEALTH, EDUCATION, AND WELFARE DEPARTMENT Health. Washington. D.C. (open), 7-18-79 Alcohol, Drug Abuse and Mental Health Administration- NATIONAL SCIENCE FOUNDATION 37090 6-25-79 / Psychiatric Nursing Education Review 37093 0-25-79 / Advisory Committee for Astronomical Sciences. Committee, Rockville. Md. (partially open), 7-10 and Washington. D.C. (partially open). 7-16 and 7-17-79 7-17-79 NUCLEAR REGULATORY COMMtSSI Education Office- 38682 7-2-79 / Advisory Committee on Reactor Safeguards, 37335. 6-26-79 / National Advisory Council on the Education of Subcommittee on Evaluation of Licensee Event Reports, Disadvantaged Children. Rosslyn. Va. (open), 7-20 and Washington. D.C. (open). 7-19-79 7-21-79 POSTAL RATE COMMISSION Food and Drug Administration- 32490 6-6-79 / Basic mall classification. Reform Conference. 34644 6-15-79 1 Antimicrobial Panel. Rockville. Md. (partially Washington. D.C. (open). 7-17-79 open). 7-20--79 TRANSPORTATION DEPARTMENT 34644 6-15-79 / Antimicrobial Panel. Bethesda, Md. (partially Federal Railroad Administration- open]. 7-21-79 36287 -21-79 / Minority Business Resource Center Advisory 39617 7--6-79 / Health Care Services; consumer exchange, Committee. Washington. D.C. (open). 7-19-79 Atlanta, Ga. (open, 7-21-79 WATER RESOURCES COUNCIL 34644 6-15-79 / Miscellaneous Internal Drug Products Panel. Bethesda. Md. (partially open), 7-21-79 30194 5-24-79 / Water Related Land Resources: planning Health Resources Administration- standards: Washington. D.C. (open). 7-17-79 37690 B-2-79 / Graduate Medical Education National Advisory Next Week's Public Hearings Committee. Washington, D.C. (open), 7-19 and 7-20-79 AGRICULTURE DEPARTMENT National Institutes of Health- Forest Service- 34199 6-14-79 1 Clinical Cancer Program Project and Cancer 33445 6-11-79 / AuSable Wild and Scenic River draft study Center Support Review Committee. Bethesda, Md. report: hearing. Grand Rapids, Mich. 7-18-79 (partially open). 7-19 and 7-20-79 33446 6-11-79 / AuSable Wild and Scenic River draft study 34199 6-14-79 / Large Bowel and Pancreatic Cancer Review report: hearing. Grayling. Mich,. 7-20-79 Committee, New Orleans La. [open), 7-19-79 33446 6-11-79 / AuSable Wild and Scenic River draft study 33494 6-11-79 / Mental Retardation Research Committee, report: hearing. Farmington. Mich.. 7-19-79 Bethesda. Md. (open), 7-18 and 7-19-79 CIVIL AERONAUTICS BOARD Office of the Secretary- 36482 6-22-79 / Board of Advisors to the Fund for the 35281 6-19-79 / Anchorage-London service case, Washington. D.C. 7-17-79 Improvement of Postsecondary Education. Saratoga Springs. N.Y. (open). 7-15-79 33919 6-13-79 / Former Large Irregular Air Service Investigation. Washington. D.C. 7-10. 7-23. and 7-26-79 38605 7-2-79 / Child day care regulations. Aurora, Colo., 7-17-79 [Corrected at 44 FR 3MO,06-20-79] [Originally published at 44 FR 34780, June 15.19791 ENERGY DEPARTMENT 38605 7-2-79 / Child day care regulations, Boston. Mass., 7-19-79 33457 -11-79 1 Motor fuel marketing subsidization. htaring. Los [Originally published at 44 FR 34780. June 15. 19791 Angeles, Calif. (open), 7-17-79 38605 7-2-79 / Child day care regulations, Memphis, Tenn., 7-19-79 [Originally published at 44 FR 34780, June 15.19791 viii Federal Register / Vol. 44, No. 134 / Wednesday, July 11, 1979 / Reader Aids

Bonneville Power Administration- Documents Relating to Federal Grant Programs 35285. 6-19-79 / Public utility regulatory policies, Portland, Oreg., This is a list of documents relating to Federal grant programs which 7-19-79 were published in the Federal Register during the previous week. Economic Regulatory Administration- RULES GOING INTO EFFECT 32225 6-5-79 / Proposed inclusion of additional petroleum 38479 7-2-79 / CSA-Per diem rates for CSA grantees ard substitutes in the entitlements program, Washington. D.C.. delegate agencies; effective 7-2-79 7-17-79 38440 7-2-79 / USDA/FmHA-Supervised bank accounts; Loan ENVIRONMENTAL PROTECTION AGENCY and grant disbursement; effective 7-2-79 31673 6-1-79 / Consolidate permit regulations and underground DEADLINES FOR COMMENTS ON PROPOSED RULES injection control regulations, hearings, Dallas, Tex., 7-16 38575 7-2-79 / EPA-Sewage treatment grant limitations through 7-16-79 provided by Section 316 of the Clean Air Act; comments 34244 6-14-79 / Consolidation of various permit programs, by 8-1-79 Dallas, Tex., 7-16 through 7-18-79 APPLICATIONS DEADLINES [See also 44 FR 34346 and 34393, 6-14-79] 39573 7-6-79 / Cominerce/NOAA-Proposal to designate a marine sanctuary around the Channel Islands off 34603 6-15-79 / Control of air pollution from new motor vehicles and new motor vehicle engines; Gaseous emissions California, availability of funds forpublic participation; regulations for 1983 and later model year heavy-duty apply by 7-31-79 engines, Ann Arbor, Mich., 7-16 and 7-17-79 39030 7-3-79 / HEW/CDC-Grants for Health Education Risk Reduction; apply by 7-16-79 27362 5-9-79 / Good laboratory practice stapdards for health D.C., week of 7-16-79 39030 7-3-79 f HEW/CDC-Health education-risk reduction; effects, Washington, apply by 7-16-79 27334 5-9-79 / Proposed health effects test standards for Toxic 39310 7-5-79 1 HEW/HDSO-ADA National Aging Organization Substances Control Act test rules, Washington, D.C.. week Projects program: apply by 9-4-79 of 7-16-79 38673 7-2-79 / HEW/HSA-Maternal and Child Health and HEALTH, EDUCATION, AND WELFARE DEPARTMENT Crippled Children's Services: availability of grants: apply Food and Drug Administration- by 8-10-79 38682 7-2-79 / Justice/LEAA-Competilive graduate research 36477 6-22-79 / GRAS safety review of ascorbates, Bethesda, of funds; apply by 10-1-79 Md., 7-16-79 0 fellowships; availability 39619 7-6-79 / HEW/NIE-Unsolicited proposals to conduct 34646 6-15-79 / GRAS safety review of starter distillate, educational research and development; change In closing Bethesda, Md., 7-16-79 dates for receipt of proposals to 12-31-79 and 6-30-410 INTERIOR DEPARTMENT 39620 7--6-79 / HEW/OE-Emergency School Aid Act: extension Office of the Secretary- of closing date for transmittal of applications from State Educational Agencies for fiscal year 1979, transmittal of 33498 6-11-79 / Grazing management program for East Roswell, applications by 6-9-79 N. Max, hearing, Roswell, N. Mex., 7-17 and 7-18-79 MEETINGS 33499 6-11-79 / Grazing management plan, Rich County, Utah, 38673 7-2-79 / HEW/OE-National Advisory Council on hearing, 7-1-79 Women's Educational Programs, Bethesda, Md. (open), NUCLEAR REGULATORY COMMISSION 7-30-79 35060 6-18-79 / Consumers Power Co., hearing, Bethesda, Md., OTHER ITEMS OF INTEREST 7-15 through 7-21-79 38572 7-2-79 / HUD/Secretary-Transmittal of interim rule POSTAL RATE COMMISSION regarding Community Development Block Grant program environmental review procedures to Congress 12306 3-6-79 / Express mail metro service. Washington, D.C., 39316 7-5-79 1 Justice/LEAA-Appeal on denial of grant to 7-17-79 National Coalition for Children's Justice: hearing in TREASURY DEPARTMENT Washington. D.C., 7-12-79 Internal Revenue Service- 39041 7-3-79 / Justice/LFAA-Project New Pride: Serious Offender Youth Treatment program replication: response 31230 5-31-79 / Income tax; active participant for individual to comments and final program guideline retirement account purposes, Washington, D.C.. 7-19-79 39040 7-3-79 / Justice/LEAA-Serious Offender Youth List of Public Laws Treatment program; response to comments and program guidelines Last Listing July 5,1979 38694 7-2-79/ DOT/UMTA-Urban initiatives program: This is a continuing list of public bills from the current session of program guidelines, addition Congress which have become Federal laws. The text of laws is not published in the Federal Register but may be ordered in individual pamphlet form (referred to as "slip laws") from the Superintendent of Documents, U.S. Goverhment Printing'Office, Washington, D.C. 20402 (telephone 202-375-3030). S.-984 / Pub. L 96-31 To provide the Secretary of Agriculture with authority to reduce marketing penalties for peanuts. (July 7, 1979; 93 Stat. 81) Price S.75