THURSDAY, SEPTEMBER ,27, 1973 WASHINGTON, D.C. Volume 38 N Number 1870 Pages 26885-27038 U-PART I

HIGHLIGHTS OF THIS ISSUE This listing does not affect the legal status of any document published In this issue. Detailed table of contents appears Inside.

INCOME TAX- IRS proposes medical expense deduction for operation and maintenance of capital assets; comments by 10-29-73 ...... 26918 IRS adopts regulations regarding "widows allowance" estate- 26912 or "family allowance" paid by a decedent's C time for filing application for change of CI IRS lengthens Vo lllL ataxpayer'sa annual accounting period ...... -. - 26911 m U 3SECURITIES-FRS amends regulation regarding "Single C- Credit Rule" for stock option and stock purchase plans; " effective 10-29-73.. 26905

Z14 VETERANS BENEFITS-VA proposes provisions for pay- - ments for Independent study programs; comments bY to 10-26-73 26944 LIFESAVING EQUIPMENT--Coast Guard proposes to amend specifications for inflatable liferafts; comments by 1-31-73..-2 LABOR-MANAGEMENT RELATIONS-Labor Department proposes to grant official time status for representatives co to elections and hearings; comments by 10-12-73 .....-26919

MEDICAID- E U HEW proposal for decreasing disability waiting period requirements; comments-by 10-29-73-- -. 26921 W W HEW proposal on fraud; comments by 1-29-73___ 26920 PUBUC ASSISTANCE-HEW amendments, regarding age and school attendance in AFDC program; effective 11-28-73 ...... 26916 MOTOR VEHICLE SAFETY STANDARDS-DOT proposes requirements for location, Identification, and illumina- tion of certain foot-operated controls and displays; comments by 11-26-73_,_26940 BROKERS, DEALERS, AND INVESTMENT ADVISERS- SEC proposes special procedures regarding transactions in options; comments by 10-19-73 _ 26943 (Continued Inside)

PART i: FEDERAL HAZARDOUS SUBSTANCES ACT- Consumer Product Safety Commission revises and transfers regulations .. 27011

No. 187- t. I-1 REMINDERS

(The items in this list were editorially compiled as an aid to FEDERAL REGISTER users. Inclusion or exclusion from this list has no legal significance. Since this list is intended as a reminder, it does not include effective dates that occur within 14 days of publication.)

SEPTEMBER 27 FDA-Child protection packaging stand- ards for certain liquid kindling and/or illuminating preparations containing petroleum distillates.... 2757; 1-30-73 FAA-Standard Instrument approach procedures; miscellaneous amend- ments.: ...... 22121; 8-16-73, 23398, 8-30-73

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

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FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEhBER 27, 1973 HIGHLIGHTS-Continued

NEW ANLMAL DRUGS-FDA approves use of certain MEETINGS- drugs 4 documents); effective 9-27-73...__ 26909, 26910 Justice Department- Guards and Investigation Commit- tee of the Private Security Advisory Council, 10-9-73. 26947 LATE CONTRACT BIDS AND PROPOSALS-GSA policies VA* Voluntary Service National Advlsor Committee, and prcedures regarding receipt and consideration for 10-25-73.. 26983 award; effective 10-25-73 ------...... 26913 HEW: NIH meetings (17 documents), 10-1-73-10- 26-73------.... 26950-26953 RELOCATION PAYMENTS AND ASSISTANCE-HUD pro- National Advisory Council on the Education of Disad- - poses revisions in guidelines; comments by 10-29-73.... 26923 vantaged Children, 10-24 and 10-25-73 ...... 26979 AEC: Advisory Committee on Reactor Safeguards, (3 COTTON TEXTILES-CITA announces new import levels documents), 10-9, 10-10, 10-11 to 10-13-73. 26953-26955 for products from Brazil; effective 10-1-73...... 26959 Defense Department: USAF Scientific Advisory Board Ad Hoe Committee on B-1 Aerodynamics, 10-1 and COMMODITIES-Commerce Depart- 10-2-73 26947 AGRICULTURAL Committee on Energy Conserva- ment announces discontinuance of short supply con- Interior D~partment: Council, 10-1-73 _2. 26984 trols; effective 10-1-73 .-.------...... 26908 tion National Petroleum

Contents

DOMESTIC AND INTERNATIONAL AGRICULTURAL MARKETING SERVICE Subcommittee on Reliability and Accident Probabillties--- 26955 BUSINESS ADMINISTRATION Rules and Regulations Working Group on Peaking Fac- Rules and Regulations Processed fruits and vegetables; tors ------26954 DIscontinunce of shoit supply inspection and certification; controls on agricultural com- correction ------26903 CIVIL AERONAUTICS BOARD modities 26903 Valencia oranges grown in Ari- Rueas and Regulations zona and California; limitation Price Stabilization Program; spe- ENVIRONMENTAL PROTECTION AGENCY of handling ------26903 clal provisions; repeal ------26008 Rules and Regulations Notices Notices Certain pesticides; tolerances and Peanuts, 1973 crop; outgoing qual- Hearings, etc.: exceptions in or on raw agri- ity regulations and indemnifica- Dallas-Fort Worth Regional Air- cultural commodities- - 26913 tion amendment ------26949 port Invesigation-_ _ 26955 AGRICULTURE DEPARTMENT International Air Transport As- ENVIRONMENTAL QUALITY COUNCIL See Agricultural Marketing Serv- sociation (3 documents) __.. 26950 Notices Ronson Corp. and Ronson Hell- ice; Animal and Plant Health Environmental impact statements; Inspection Service; Commodity copters, Inc .... 26959 availability to public----- 26960 Credit Corporation; Forest Transatlantic Route Proceed- ings, et al ..------6957 Service; Rural Electrification FEDERAL AVIATION ADMINISTRATION Administration; Soil Conserva- COAST GUARD tion Service. Rules and Regulations Proposed Rules Alteration of control zone and ter- AIR FORCE DEPARTMENT Inflatable liferafts; inspections - minal control area at Chicago, -Rules and Regulations and tests- 26938 111 26905 Military personnel; appointment Navigible waters across Louisiana; Alteration of jet route 26907 in comml-sioned grades ------26891 drawbridge regulations ...... 26938 Alteration of VOR Federal air- Notices " ways; correction--- - 26906 COMMITTEE FOR THE IMPLEMENTATION MTodel 18 Series Airplanes; USAF Scientific Advisory Board; TEXTILE AGREEMENTS Beech OF directive; correc- meeting ------26947 ait-worthine-s Notices tion 26905 and cotton ANIMAL AND PLANT HEALTH Certain cotton textiles Designation of restricted area and INSPECTION SERVICE textile products produced In the alteration of continental con- 26959 Rules and Regulations Federative Republic of BraziL__ trol ea26906 instrument approach CREDIT CORPORATION Standard Exotic newcastle disease and psit- COMMODITY procedures; miscellaneous tacosis in poultry; areas released from quarantine ------26904 Rules and Regulations amendments 26907 Corn; 1973 crop loan and purchase Scabies in cattle; area released Proposed Rules from quarantine ------26904 program; correction- ..... 26904 Pilot compartment security, large passenger- ASSISTANT SECRETARY FOR LABOR- CONSUMER PRODUCT SAFETY turbojet powered MANAGEMENT RELATIONS COMMISSION carrying airplanes; withdrawal _ _ 26939 Rules Rules and Regulations of proposal_ Proposed Sitka, Alas a, control zone and Granting official time for elections Federal Hazardous - Substances transition area; alteration --- 26940 and hearings ------26919 Act regulations; revision and transfer 27012 FEDERAL COMMUNICATIONS ATOMIC ENERGY COMMISSION COMMISSION COST OF UVING COUNCIL Notices Proposed Rules Rules and Regulations Commonwealth Edison Co.; issu- Citizens Radio Service; creation ance of amendment to facility Constructkn operations; Phase IV of new cla.s and reallocation of operating license_------26054 price regulations ------26917 frequencies; extension of time Meetings of the Advisory Commit- " for filing comments-___.... 26942 tee on Reactor Safeguards: DEFENSE DEPARTMENT 162nd ACRS ------26953 See Air -'orce ]Delartment. (Continued on next page) 26887

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27,1973 2688S CONTENTS

Notices Hancock Group, Inc.; formation of INTERNAL REVENUE SERVICE Bisbee ,Broadcasters,, ------Inc. and bank holding company 26976 and Regulations Wrye Associates; hearing ---- 26962. Mercantile Bankshares Corp.; ac- Rules Canada-U.S.A. TV Agreement of quisition of banks 26979 Income tax: 1952; amendment of table A-- 26963 Deductibility and Inclusion In gross income of family allow- Canadian television stations; list FISH AND WILDLIFE'SERVICE of additions, changes, deletions, ances ------260912 and corrections ------26964 Rules and Regulations Time for filing application for Panel Chafrman and Steering change of annual accounting Migratory bird hunting: period ------. Committee of the Cable Tele- Bear River Migratory Bird Ref- 26911 vision Technical Advisory Com- uge, Utah------26917 Proposed Rules mittee; joint open meeting.... 26963 Salt Plains National Wildlife Income tax; medical expense de- , Refuge, Okla------26917 duction for operation and FEDERAL INSURANCE ADMINISTRATION maintenance of capital asset-.. 26918 FOOD Rules and Regulations AND DRUG ADMINISTRATION INTERSTATE COMMERCE COMMISSION Areas eligible for sale of insur- Rules and Regulations Notices ance; status of participating Hazardous substances; revision communities ------26911 and transfer Assignment of hearings ------26984 of regulations.... 26910 Fourth section application for re- New animal drugs: lief ------FEDERAL MARITIME COMMISSION Chlortetracycline, sulfametha- 26984 zine and penicillin .------26909 Freight rates and charges of Long Proposed Rules Dimethyl sulfoxide gel; veteri- Island Rail Road Co.; increases 26984 Intermodal Container Transport nary ------26909 Motor Carrier Board transfer pro- Services; petition for rule- Neostigmine methylsulfate --- 26910 ceedings------26985 making ------26943 Phenylvutazone ------26910 Motor carrier, broker, water and freight forwarder applications. 26985 Notices FOREST SERVICE JUSTICE DEPARTMENT Bradbury. Technical Co., and Notices. See also Law Enforcement Assist- Brady-Hamilton Stevedore Co.; ance Administration. agreement filed ------26964 Cloud Peak Primative Area; notice Sea-Land Service, Inc.; order of of public hearing ------26949 Rules and Regulations investigation and hearing --- 26964 Civil rights Issues affecting Ameri- Statement of organization and GENERAL SERVICES ADMINISTRATION can Indians; assignments ------26910 function ------26965 Rules and Regulations Thaddeus W. Wyatt and T.'W. LABOR DEPARTMENT Wyatt Co.; order of revocation- 26970 Late bids and proposals; revision, See Assistant Secretary for Labor- United States Lines, Inc.; order to new policies and procedures-.... 26913 Management Relations. show cause ------26971 Small business concerns; certifi- cate of competency programs-- 26913 LAND MANAGEMENT BUREAU Proposed Rules FEDERAL POWER COMMISSION Notices Attorney General; delegation of Geothermal resources; leasing on - Notices public, dcquired and withdrawn authority ------26979 Hearings,etc.: lands; extension of time for fil- ing comments ------26918 Bracken Oil Properties, Inc_-- 26971 HEALTH, EDUCATION, AND WELFARE Notices Colorado Interstate Gas Co .... 26975 DEPARTMENT Douglas B. Marshall, et al .... 26971 National Forest lands; New Mex- -See Food and Drug Administra- ico; opening to public ------26947 Interstate Power Co ------26972 tion; National Institutes of McCulloch Oil Corp ------26972 Health; Social and Rehabilita- Utah; notices of proposed ex- Metropolitan Edison Co------26972 tion Service; Social Security change and classification ...- 29470 Michigan Wisconsin Pipe Line Administration. .LAW ENFORCEMENT ASSISTANCE Co. (3 documents) ------26973- ADMINISTRATION Mountain Fuel Supply Co ------26973 Northern Natural Gas Co. (2 HEARINGS AND APPEALS OFFICE Notices documents) ------26974 Notices Guards and Investigations Com- R. DeWitt Mallory ------26974 Mountain Drive Coal Co.; petition mittee of the Private Security Valley Gas Transmission, Inc-- 26974 for modification of application Advisory Council; meeting - 26947"-- Meetings: of mandatory safety standard-- 26948 Technical Advisory Committee NATIONAL ADVISORY COUNCIL ON THE on Fuels ------26972 EDUCATION OF DISADVANTAGED CHIL- HOUSING Technical Advisory Committee AND URBAN DEVELOPMENT DREN on Conservation of Energy (2 DEPARTMENT Notices documents) ------26972 See also Federal Insurance Ad- Program Development Subcom- ministration. mittee; meeting ------26979 FEDERAL RESERVE SYSTEM Proposed. Rules NATIONAL CREDIT UNION Rules and" Regulations Relocation payments and assist- ADMINISTRATION Stock option and purchase plans; ance and real property acquisi- Notices tion deletion of "single credit rule" 26905 26923 Increase of maximum permissible dividends rate; correction - 26979"6--- Notices INTERIOR DEPARTMENT , Bank acquisition approvals: See Fish and Wildlife Service; NATIONAL HIGHWAY TRAFFIC SAFETY First Commercial Banks, Inc-- 26975 Hearings and Appeals Office; ADMINISTRATION First Tennessee National Corp. 26976 Land Management Bureau; Na- Proposed Rules Multibank Financial Corp --- 26977 tional Park Service; Oil and Gas Controls and displays; motor ve- Southern Bancorporation, Inc-- 26977 Office. hicle safety standards ------26940

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 CONTENTS 26889 SMALL BUSINESS ADMINISTRATION OF HEALTH OIL AND GAS OFFICE NATIONAL INSTITUTES Notices Notices Notices Committee on Energy Conserva- First Venture Capital Corp.; ap- Meetings: for license as small tion; meeting ------26984 plication Ad Hoc Committee for Review of business Investment company-- 26983 Special Virus Cancer Pro- RURAL ELECTRIFICATION Montana; declaration of disaster gram 26950 ADMINISTRATION loan area------__ ------26983 and Aging Adult Dbvelpment Proposed Rules. Pennsylvania; disaster relief loan Research Committee ------26950 availability 26983 Animal, Resources Advisory REA specflcati6ns for rural tele- Committee ------26950 phone facilities; system con- SOCIAL AND REHABILITATION SERVtCE contract, labor, mate- Biomedical Library Review struction Rules and Regulations ------26951 rials and associated specifica- Committee Coverage and condition of eligibil- Board of Scientific Counselors tions and drawings--- 26919 Ity in financial assistance pro- documents) ----- 26951 (2- SECURITIES AND EXCHANGE gram; age and school attend- Diagnostic Radiology Commit- COMMISSION 26916 26953 ance In ADC. ---- tee ------Proposed Rules Epidemiology of the Multiple Proposed Rules Sclerosis Scientific Advisory Exchange transactions in options; assistance comments on Chi- Fraud In the medical Committee ------26951 request for program 26920 ,General Clinical Research Cen- cago Board Options Exchange, ters Committee ...... -..--.-- 26951 Inc. plan- ....------26943 SOCIAL SECURITY ADMINISTRATION Immunology - Epidemiology Notices Proposed Rules Working Group ------26951 Hearings,etc.: and Industries, Inc ...... 26979 Federal old-age survivors Infectious Disease Committee_ 26952 Aberle waiting pe- Research disability insurance; Mental- Retardation Applied Fluidics, Inc.----- 26979 dod requirement ____ 26921 Committee ------26952 Aztec Products, Inc ------26979 National Cancer Advisory BBI, Inc ------26980 SOIL CONSERVATION SERVICE Board 26952 Benefieial Laboratories, Inc_-__ 26980 Pharmaeology-Toxicology Pro------26980 Notices Co-Build Co., Inc--, project, gram Committee------26952 Diversified Earth Science, Inc-. 26980 Leona River watershed Population Research Commit- Equity Funding Corp. of Amer- Texas; availability of draft en- tee ------26953 ica ------26980 vironmental statement --..-- 26950 Therapeutic Evaluations Com- 26980 First Leisure Corp TRANSPORTATION DEPARTMENT mittee ------26953 FluldPower Pump Co______26980 Working Group on Pathophysi- Giant Stores Corp-.... 26981 See Coast Guard; Federal Aviation ology of the Multiple Scler- IDS Life Variable Annuity Fund Administration; National High- osis ad hoe Scientific Ad- B, and IDS Life Insurance Co. 26982 way Traffic Safety Administra- visory Committee ------26952 Industries International, Inc-. 26981 tion. -...... 26981 SERVICE R, S. Hershey Fund, Inc DEPARTMENT NATIONAL PARK Royal Properties, Inc-...... 26981 TREASURY Notices Trex International Corp..... 26981 Sec Internal Revenue Service. Intention to issue concession per- Trionics Engineering Corp --- 26981 mits: U.S. Finncial, Inc ------26982 VETERANS ADMINISTRATION - Amistad Recreation Area..... 26948 Proposed Rules Glen Canyon National Recrea- program; pay- 26948 ndependent study tion rea 26944 Lake Meredith RecreationArea- 26948 ments ------Park Manager, Bent's Old Na- Notices tional Historic Site, Colorado; Voluntary Service National Ad- delegation of authority regard- visory Committee; meeting--_ 26983 ing purchasing authority ---- 26948

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26890 CONTENTS List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published In today's issue. A cumulative listof parts affected, covering the current month to date, appears following the Notices section of each Issue beginning with the second issue of the month. In the last issue of the month the cumulative list will appear at the end of the Issue. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1973, and specifies how they are affected.

6 CFR ' 20 CFR , 38 CFR 150 ------26917 PROPOSED RULES: PROPOSED RULES: AA& .26921 "oi O.nAA 7 CFR ------U-1-L2 . 52 ...... 26903 21 CFR 9(8 ...... 26903 121 ------26909 40 CFR

1421------26904 135a ------26909 180..... -26913------PROPOSED RULES: 35b-.-.....26910 1701 26919 13 ...... 26910 41 CFR 135e ------.. ---- - 26910 1-1-. -26013 ---- 9 CFR 191 ------26910 1-2...... -.. .26913 101 Oln I - ,26914 73 &- --- . ------z)ovlA 01 1-7 ---- -26916 24 CFR 11 nnnjl f 12 CFR 1914 ..------... ------26911 207 ------26905. 43 CFR PRoPosED RULES: PROPOSED RULES: 14 CFR 42------26923 3000 - - -.------26918 39 ------26905 3200------26918 71 (3 documents) 26905, 26906 26 CFR 73 ------26906 1 (2 documents) ------26911,26912 45 CFR 75 ------26907 PROPOSED RULES: 233 ------26916 97 ------..... 26907 229 ------26908 1------26918 PROPOSED RULES: PROPOSED RULES: 250 ------.-.------26920 25 ..... 26939 28 CFR 46 CFR 71 ------26940 0 26910 121 ------26939 PROPOSED RULES: 29 CFR Ch. IV ------.... .----- 26943 15 CFR PROPOSED Ru.S: 160 ------26938 377 ------26908 399 . . ... 26908 202 ...... 26919 47 CFR 206 ------26919 97--_ 26942 16 CFR 1500 ------27012 32 CFR 49 CFR 1505------27012 881 ------26891 PROPOSED RULES: 571 ------26940 17 CFR 33 CFR PROPOSED RULES: PROPOSED RULES: 50 CFR 240 ------26943 117 ------...... ------26938 32 (2 documents) ...... 2091

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26891 Rules and Regulations

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

- Ti le 32-National Defense Sec. See_ 881.13 Former officers of any of the cervices. 881.83 Physical therapist (AFSC 9236). CHAPTER VII-DEPARTMENT OF THE 881.14 Reserve officers of other Armed Forces 831.84 Appointment for tmIning. AIR FORCE of the United States. 881.85 Pharmacy offcer (APSC 9241). Optometry officer (AFS- 9251). SUBCHAPTER i-MITARY PERSONNEL 881.15 Former rated oMcers 881.80 881.16 School of M1ilitary Science3, Officer 881 7 Bloenvironment engineer (AFSC PART 881-APPOINTMENT IN COMMIS- (SMSO), and AFROTO graduates. 9121). SIONED GRADES-RESERVE OF THE 881.17 Appointment as a Rezh offIcer for 881.3. Medlcal entomoloeist (AFSC 9131). AIR FORCE AND UNITED STATES AIR assignment to the Retired L"sCrve 881.M Biomedical laboratory offIcer (AFSC FORCE (TEMPORARY) and placement of namo on the U.S. 9151). Air Force Reserve Retired ist. 881.90 Aerospace phy-.Ioloi[st (AISC 9161). This revision provides for waiver of 881.18 Appointment as a ResAP upon re- 881.91 Health physicist (AFSC 9171). retirement eligibility provisions for ap- moval from the Temporary Dis- 831.92 Clinical psychologist (AF C 9181). pointment of chaplains and certain cate- ability Retired Litst (TDRL) (10 881.93 Social worker (AFSC 9191). gories of medical service personnel when U.S.C. 1211). 881.84 Blonedac l specialist (AWSO 9281). a critical requirement exists; revises mili- 881.19 Posthumous appointments. AuTorarr.-10 US.C. 591,1211,8012, 8067, tary service obligation, age, and educa- 881.20 Appointment of USAFR airmen not on extended active duty. 8353, 8359, and 9411 and chapter 103. tion requirements for appointment of 881.21 Appointment for entry on active Subpart A---General rnformation nonextended active duty Reserve airmen; duty. stipulates that Department of.State Form 881.22 Elagibility requirements §801.1 Purpose- FS-240 is acceptable as-proof of citizen- 881.3 Awards of constructive tervIce. (a) This part states the policies and ship for persons born abroad of American 881.21 U.S. Air Force (Temporary) appoint- ments. procedures governing the direct appoint- parents; restates basic educational re- ment of commi oned officers as Re- quirements; clarifies the maximum Subpart C-Application and Processing Procedures serves of the United States Air Force or amount of constructive service credit as commissioned officers in the United awardable upon appointment in grade of 881.30 How to apply. States Air Force. It explains the method second lieutenant; adds AF Form 2061, to 881.31 Vxamining boards. 881.32 Processing and testing. of application, eligibility requirements, the list of forms comprising the applica- and where to apply for appointment. tion; provides for the commissioning of 881.33 Selection of applicants. 881.34 Personnel security investigations. (b) Part 806 of this chapter states the medical service personnel for assignment 881.35 Appointment and notificaUon. units of the United basic policies and instructions govern- to Ready -Reserve 881.36 Validity of oaths of oMce and accept- ing the disclosure of records and tells States Air Force Reserve and Air Na- ances. tional Guard of the United States prior members of the public what they must Subpart D--Appontment of Judge Advocate ma- to completion of a National Agency do to inspect or obtain copies of the Officers terial referenced herein. Check; revises the certificate containing 881.40 Submitting applications. conditions for retention of commission 881A1 Professional qualificationz. § 881.2 Statutory authority. which must be signed by chaplain candi- 881.42 Appointment and reappointment. The statutory authority for appoint- date applicants; updates Air Force Spe- Subpart E-Appolntment of Chaplains ments tendered according to this part is cialty Codes for officers appointed to undergo trainingin various health fields; 881.50 Application for the Air Force chap- contained In 10 U.S.C., sections 591, 593, latncy. 1211, 8067, 8353, 8358, 8359, 8444, and defines the types of internships required 881.51 Compensatory profess4onal conslder- 9411 and chapter 103. for appointment as a dietitian; updates ations. criteria for commissioning under the Di- 881.52 Ecclesiastlcal endorsement. § 881.3 Duration of appointment. etetic Training -Program; updates the 881.53 The Chaplain Candidate Program. All Reserve of the Air Force (ResAF) educational requirements for appoint- Subpart F--ppontments of Physicians (Includes appointments are for an indefinite term. ment as a medical entomologist or clini- Osteopath), Dcntlst% Veterinarians, and Nurses appoint- to apply. All U.S. Air Force (Temporary) cal psychologist; updates the educational 881.60 How ments effected during a war or National and experience requirements for appoint- 881.61 Submission of DD Form 62, State- ment of Acceptability. Emergency will continue for the dura- ment as a biomedical laboratory officer or tion of such war and for six months a social worker; changes biomedical 881.62 General qualiflcations for appoint- sooner terminated. "therapist" to biomedical "specialist"; ment. thereafter, mlecs and updates references and terminology 881.63 Doctors of medicine (MD). § 881.4 Temporary appointmntm. throughout the part. 881.64 Doctors of osteopathy (DO). (a) Appointments In the US. Air Part 881, Subchapter I of Chapter VII 881.65 Doctors of dentistry (DDS and DDM). Force without component (Temporary) of Title 32 of the Code of Federal Regu- 881.66 Doctors of veterinary medicine (DVM). will be made only according to special lations is revised to read as follows: instructions issued by Headqufrters U.S. 881.67 'Appointment of nues. Subpart A-General Information Air Force, except as stated in paragraph Sec. Subpart G-Appolntment of Officers In the (b) of this section. 881.1 Purpose. Medical Service Corps (b) Physicians and dentists who are 881.2 Statutory authority. 881.70 Application, processing and oclcctlon. rasdent aliens or conscientious objectors 881.3 Duration of appointment. 881.71 Health services administrator (AFSO normally do not qualify for Reserve ap- 881.4 Temporary appointments. 9021). pointments; however, such persons who 881.5 Procurement objectives. 881.72 Other applicants. have a liability for training and-service Subpart B-Elgiibility Requirements Subpart H-Appointment of Officers In the under the hMltary Selective Service Act Biomedical Science Corps 881.10 Persons eligible for appointment. may be appointed, if otherwise qualified, 881.11 Persons Ineligible for appointment. 881.80 Application, proce:sing and selection. as follows: 881.12 Former officers of the Regular Air 881.81 Dietitian (AFSO 9210A). (1) Applicants who are 26 years of age Force. 881.82. Occupational therapist (AFSW 9"0). or over at time of appointment will be

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26892 RULES AND REGULATIONS

tendered temporary appointments in the rection of the President, by and with the tion of a proffered commission. Superin- grades specified. Temporary appoint- advice and consent of the Senate. tendents of military academies and com- ments made under this authority termi- (b) Persons selected for appointment manders of ofilcer training programs'may nate upon appointee's release from ac- must be fully qualified according to cri- recommend waivers only in exceptional tive duty. teria in this part and/or other Air Force cases worthy of consideration. (2) Applicants, including participants directives. Appointment is not assured (2) Elimination from an officer train- in the Armed Forces Physicians' Ap- merely by reason of meeting the estab- ing program of the Army, Navy, Air pointment and Residency Consideration lished requirements. Only persons who Force, Coast Guard, or Merchant Ma- Program (Berry Plan), who must be ap- are best qualified will be appointed. rine for lack of academic progress or pointed on a date that will require ac- (c) Appointments normally will be breaches of the honor code. ceptance of commission before age 26 made to fill authorized Ready Reserve (3) Elimination from a civilian oper- will be initially tendered Reserve ap- position vacancies or active duty re- ated military institution by the educa- pointments. The provisions of §§ 881.11 quirements. tional authorities because of vlolations (f) and 881.22(b) are waived in this in- (d) Outstanding persons in business, of the institution's honor code. stance. scientific, professional, or technical fields NoTz.-Requests for determination of the (3) Noncitizen applicants must pos- who do not meet eligibility criteria, but eligibility of applicants dienrolled or ellmil- sess a valid Immigration and Naturaliza- who have demonstrated through their nated for any of the reasons stated above tion Service (INS) Alien Registration civilian occupation that they are out- will be made only in rare cases of sufficient Receipt Card (which may be obtained standing in their field, may be appointed merit to justify consideration. The appliea-, from the local Immigration and Natu- upon approval of the Secretary of the tions, together with the record of disenroll- ralization Office), as evidence of lawful Air Force. Generally, they must have at- ment from officer candidate typo training will entry into the United States for perma- tained such prominence in their field or be reviewed by the Air Force \Illitary Per- sonnel Center before appointment. If ap- nent residence. Since reproduction of specialty as to be nationally known. proved, normally an Individual will not bo this form is prohibited, the applicant Subpart B-Eligibility Requirements appointed until after the date of graduation must submit the following statement of the class from which eliminated. signed by an officer, notary public or § 881.10 Persons eligible for appoint- other person authorized to administer ment. (W A conscientious objector. oaths: (g) A person who admits or whos- A person with or without prior mili- records show that he has at any time en- I certify that I have this date seen INS tary service may apply unless he is in- gaged in any of the activities in Form 1-151 issued to...... eligible under § 881.11. This aut~oriza- Air Force (name of applicant) tion includes airmen and warrant officers Regulation 35-62 (Security Program) or Indicating lawful entry Into the United who are Reserves of the Air Force or who is reasonably believed to have done States for permanent residence on SO. members of the Regular Air Force or the (h) A person who Intentionally fails (date) United States Air Force (Temporary). or refuses to accomplish the Armed § 881.11 Persons ineligible for appoint- Forces Security Questionnaire, in Its en- (Signature) (Date) ment. tirety. If a medical or dental applicant (c) ondeclarant aliens who are ap- (a) A commissioned officer of the for appointment is subject to Induct-Ion pointed to commissioned status may Armed Forces serving on active duty, ex- and intentionally fails or refuses to ac- place their present citizenship in cept as provided by this part. However, complish this questionnaire, he will not jeopardy by executing the Oath of Of- the Air Force does have provisions for be appointed; his induction will be han fice (Military Personnel). If -a nonde- interservice transfer of officers on active died by the Selective Service System. clarant alien indicates, while being duty. (i) A person with a record of convic- Processed for a commission, that he does (b) An enlisted member or warrant tion (for other than minor traffic vlola- not desire to take the oath 6fallegiance officer of the Army, Navy, Marine Corps, tion) by any type of military or civil prescribed by Air Force Regulation or Coast Guard serving in the active court. However, he may request the ap- 36-39, he may be administered the fol- service of the United States. pointing authority to grant a waiver for lowing oath of service and obedience in (c) An officer, warrant officer, or en- other minor violations that are nonre- the same manner as the Oath of Office listed member in the Reserve Forces of current and are not considered prejudi- cial to peformanceof (Military Personnel). the U.S. Army, Navy, Marine Corps, duty as an officer. Coast Guard, National Oceanic and At- The applicant must include a request I- ....------... -,a citizen of mospheric Administration, and for waiver with his application, stating (typed/printed name) Health Services and Mental Health Administra- fully the circumstances of the case. Each -, and withoitt intentiori of sur- request for -vaiver will be considered rendering such citizenship, having been ap- tion, unless he has obtained a conditional on pointed a ------do solemnly swear (or release from his appointment or enlist- Its own merit and evaluated In connec- affirm) that I will serve the United States ment and is not on active duty or under tion with the National Agency Cheek against allits enemies -whomsoever, and that orders to report for active duty. (NAC) or other appropriate security I will honestly and faithfully discharge the (d) A person who has previously ap- investigation. duties of the office upon which I am about plied for alpointment under this part, (j) A former officer, warrant officer, to enter, So Help Me God. but was not selected, or who was selected or enlisted member of any of the Armed (d) Noncitizen physicians and dentists and declined appointment is ineligible Forces who has been or is being released who receive temporary appointments to apply for six months from the date of from active duty or discharged from the service for one of the following reasons: 'may be tendered Reserve appointments notification of previous rejection or declination. (1) Conditions other than honorable. upon request and submission of proof of (e) A person disenrolied or eliminated (2) Unsatisfactory service or failure citizenship as outlined in this part: from a training program leading to a to meet standards of performance pre- § 881.5 Procurementobjectives. commission as an officer for the follow-. scribed by the Secretary concerned. (3) Resignation In lieu of court- (a) Appointments will ing reasons unless prior approval is ob- be made by tained from Headquarters U.S. Air martial, reclassification, elimination, or grade and category in numbers required Force: any form of corrective or disciplinary and authorized by Headquarters U.S. Air (1) Resignation or dismissal from an action. Force. Appointments will be made only officer training program of the Army., (4) Court-martial or board action Initiated because of his inefficiency or to meet procurement objectives in the Navy, Air Force, Coast Guard, or Mer- misconduct, or for security reasons. categories for which appointments are chant Marine, because of military inap- (5) Failure of selection for promotion. currently authorized and within the titude, indifference, undesirable traits of (6) Dropped from the rolls of the grade ceilings established by law. Re- character, disciplinary reasons, evasion service concerned because of confine- serve and temporary appointments above of a contractual agreement, or declina- ment to a State or Federal penitentiary the grade of major-are made at the ill-

, FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 26893

or correctional institution, or absence duty retirement) or 10 U.S.C. 1331 (Re- () In addition to other requirements, of the RegAF must without authority for a period of three serve retirement), before or upon re- a former chaplain ecclesiastical endorse- months. movaI from an active status unless he submit a current as a ResAF. A (7) Failure to meet minimum Reserve acknowledges in writing that retention ment for appointment may not be appointed participation requirements. for retirement is not possible. former chaplain (8) Failure to respond to official No..--Current laws require the termina- in any other category. correspondence. tion of active status or Rezerve offcers who § 881.13 Former officers of any of the reach age 60 and thoze in grades of lieutenant servie;. No37-Walvers may be granted for sub- colonel and below who are not on a recom- paragraphs (7) and (8) of this paragraph mended list for promotion to colonel upon Except for those who are ineligible un- on an individual basis for former rated ofll-completion of 28 total years of service com- der § 831.1r; former officers of any of the cers applying under § 881.15 and for former puted from total years service date (TFSD). services may be appointed for duty in line officers applying under Subpart P of also allow the Secretary of tho this part. Current laws any specialty for which they are qualified Air Force to approve, on an Individual bads and for which there is a procurement (9) Elimination from the Inactive the retention of certain medical serv7e or- quota. Former officers may not be ten- List Reserve Section (ISLRS). ficers and chaplains until ago C0 rcgardle Status of total years of service. dered appointments based solely on prior (10) Physical disability. service, except as prescribed by Air (11) Any condition for which sever- § 881.12 Former officrs of the Regular Force directives. ance pay is received. Air Force. (12) Hardship or national health, § 881.14 Reserve officers of otherArmed (a) An officer of the Regular Air Forces of the United States. safety, or interest reasons. Force (RegAF) who Is honorably sepa- (13) Any other reason, when appoint- rated by reason of unqualified reJgna- A Reserve officer of another Armed ment would not be in the best interest tion and has a remaining military serv- Service of the United States not on ac- of the service. ice obligation (MSO) or unfulfilled con- tive duty may be appointed as a ResAF (k A person on the retired roll of any tractual agreement may be separated In any grade (or equivalent permanent of he Armed Forces, Health Service and contingent upon his acceptance of a grade) held as a Reserve of the Armed Mental Health Administration, Coast Reserve appointment in the grade to Forces concerned, without appearin- be- Guard, or National Oceanic and Atmos- which entitled. fore an examining board. pheric Administration. (b) A former officer of the RegAF Exception: Appointment may be made (1) A cadet of any of the service acad- who has no MSO or unfulfilled contrac- in a lower or higher grade only when emies, including the- Coast Guard and tual agreement and is honorably sepa- the Reserve commission held in the other Merchant.Marine, and persons enrolled rated by reason of unqualified resigna- Armed Force is in other than a profes- in a course of training or instruction tion may, at the time he renders his res- slonal category (medical, dental, legal, leading to a commission in any of the ignation, request an appointment as a etc.) and the applicant desires and qual- Armed Forces. ResAF officer. Appointment as a ResAF ifles for appointment in a professional (m) An officer who is a deferred offi- will be made by a letter of appointment, category in the Air Force for which a -cer as defined in 10 U.S.C. 8368 or who and acceptance must be accomplished procurement authorization exiss. He will has had his name removed from the rec- after discharge from the RegAF. be awarded a permanent Reserve grade ommended list under 10 U.S.C. 8377. (c) A RegAF officer who does not re- and date of rank as determined by the (n) A person who will not be available quest a Reserve appointment at the time appointment laws in effect for the US. for active duty within 30 days: of his resignation may apply direct to Air Force. (1) From date of acceptance of ap- AFMPC/DPMAJBI, Randolph Air Force § 881.15 Former rated officers. -pointment, when appointment depends Base, Texas 78148, and be considered upon immediate entry on active duty. Former rated officers of any of the up to one year from the date of his dis- RegA-F officers who (2) From date of issuance of the order charge. services (including calling him to active duty in time of war the did not apply for a Reserve commission (d) Appointment may be made In one year after resignation) may or National Emergency hereafter de- permanent or temporary grade in which within clared by the President or by Congress, or be appointed in a grade held at time of serving at time of lscharge. Construc- rated when otherwise authorized by law, if ap- grade will discharge, not above 0-4, to fill tive service appropriate for the the Ready Reserve. pointment is based upon Air Force Re- be awarded based on length of active Fed- positions in serve requirements and not upon imme- eral commissioned service and educa- § 881.16 School of [itlary Sciences, diate entry on active duty. tion, where applicable. Constructive Officer (SMSO), and AFROTC grad- (3) Because he is principally engaged service will also be awarded for prior or employed in a key position in an es- service in an active status as a Reserve SMSO graduates.Applicants must sential civilian or government activity (a) officer not on extended active duty for successfully completed the pre- related to the defense effort. have the years in which minimum participa- scribed course and be recommended for (4) Because he is undergoing appren- tion requirements for retention and re- ticeship trailig in a critical civilian appointment by d faculty board. tirement were satisfied. (b) AFROTC graduates. Applicants occupation. as (o) been ordered to (e) Air Force policy is to appoint must have successfully completed the A person who has ResAF officers only individuals who nor- report for preinduction medical exami- mally may be expected to participate In prescribed academic military training nation- or other appropriate processing requirement. usually conducted immediately preced- Reserve activities and who will be avail- under the Military Selec- able for immediate active service. Un- § 881.17 AppointmentasaResAF officer ing induction an individual who is Act or who is classified 1-A der current laws, for assignment to the Retired Reserve tive Service recog- on the U.S. unless he obtains statement from his Se- preparing for the ministry In a and placement of name nized theological or divinity school may Air Force Reserve Retired List. lective Service Board that he is not to serve on active duty within the fol- not be required An individual who qualifies for mem- scheduled for induction in active duty training lowing 120 days. A person who has ap- or to participate bership in the Retired Reserve and does may re- service, active duty for training, or inac- plied and is later classified 1-A training. Accordingly, an of- not hold a Reserve commission may be for consideration until the tive duty main eligible who fesigns to enter appointed under this section for the sole date he is notified to report for induc- ficer of the RegAF seminary training is not eligible for ap- Re- tion, at which time he becomes ineligi- purpose of assignment to the Retired pointment as a ResAF officer. He may, serve. Appointment will be made in the ble for further consideration or appoint- a however, apply for appointment as grade he has satisfactorily held ment. Chaplain upon meeting specified re- highest (p) A person who cannot qualify for quirements as Issued in pertinent Air or is eligible for by law. Former mem- involving retbiement under 10 U.S.C. 8911 (active Force regulations. bers separated for reasons

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEITFMBER 27, 1973 To. 187-Pt. 1-2 26894 RULES AND REGULATIONS moral or professional dereliction nor- or certificate of naturalization or citizen- gionally accredited college or university, mally will not be tendered an appoint- ship, or any part thereof, shall be fined except as otherwise provided by Air Force ment. Eligibility for appointment under not more than $5,000 or imprisoned not directives. this section. is not governed by the other more than 5 years, or both." Submission (3) Experience. (i) Only experience conditions outlined in this part. of the document in subparagraph (2) of gained through full-time employment in § 881.18 Appointment as a ResAF upon this paragraph is acceptable as proof of a responsible position directly related to removal from tile Temporary Disabil- citizenship for persons born of American the specialty of appointment is accept- ity Retired List (TDRL) . (10 U.S.C. parent(s) outside the United States. able for making grade determination and 1211). (1) For persons who are not citizens the award of constructive service credit. by birth: If a member is removed from the Any additional education or training In a TDRL following a finding that he is phys- I certify that I have this date seen the field allied to nursing (includes anes- original certificate of citizenship No ...... thesia training) attained after gradua- ically fit, he will be appointed the day (or certified copy of the court following discharge from the TDRL. Re- order estab- tion from a s6hool of nursing will be lishing citizenship) stating that credited as experience. appointment will normally be in the Re- admitted to United-was States Normally an ap- serve grade with promotion service date citizenship by the court of at plicant must have completed at least 12 held at the time he was placed on the (District or county) months of employment before his ex- TDRL. on------perience is acceptable. If an applicant's (City and State) (Date) record of experience is questionable, a § 881.19 Posthumous appointments. statement must be obtained from his em- A posthumous appointment as a ResAF (Signature) (Date) ployer. may be issued in the name of a member (2) For persons born of American (ii) Unless otherwise provided, only of the Air Force who was selected for ap- parent(s) outside the United States. Au- experience gained after applicant at- pointment or had successfully completed thenticated copy of Department of State tained the appropriate degree is credit- an officer training school and been rec- Form FS-240, Report of Birth Abroad of able as service in an active status for ap- ommended for appointment by the a Citizen of the United States of Amer- pointment to duty in one of the applica- school's commander, but was unable to ica: This form is referred to as the Con- ble specialties. accept appointment because of death in sular Report of Birth and may be ob- (5) Grade. Grade Is determined by the line of duty. (AFROTC cadets are in- tained from the Authentication Officer, the combined education and experience eligible for posthumous appointments.) Department of.State, Washington, D.C. constructive credits the applicant pos- (a) No financial benefits will accrue as 20520. sesses. If on date of his application an a result of a posthumous appointment. applicant NoTz.-Burden of proof is upon the appli- possesses experience pertinent (b) Authority: 10 U.S.C., chapter 77. cant. to his specialty that Is in excess of that required for appointment as second lieu- § 881.20 Appointment of USAFR airmen (c) Medical requirements. All 'appli- not on extended active duty. tenant, it will be converted to construc- cants must be medically qualified, or tive service credits by year, month, and Direct appointment of qualified and medically acceptable with waiver for Air day on a day-to-day basis. deserving airmen not on extended active Force commission. A report of medical duty to officer status and a concurrent examination will be accomplished not § 881.23 Award of constructive service. Ready Reserve assignment may be made more than 90 days before the date of The award of constructive service to under the quotas and criteria as pre- application. Except for women appli- reflect an applicant's combined years of scribed by the U.S. Air Force.- cants, medical examinations will be with- education and experience was originally § 881.21 Appointment for entry on out expense to the Government, Women authorized by Section 201 of the Reserve active duty. -applicants for commission may be exam- Officer Personnel Act of 1954 (ROPA), ined by qualified civilian physicians now codified as 10 U.S.C. 8353. ROPA Persons who are eligible and who meet where no military examining capability became effective on July 1, 1955, and con- recall criteria may be appointed for im- exists. Funds provided- for the operation tains no retroactive provisions. mediate recall to Accord- active duty. Appoint- of the U.S. Air Force Recruiting Service ingly, persons appointed before the ef- ments in grades- above captain will be will be used for this purpose. Travel per- fective made date of the law (July 1, 1955) are only when vacancies exist. Ap- formed in connection with medical ex- not eligible for any constructive service pointments may be made under this au- umination will be without expense to the credit. thority only in skills listed on current Government.. (a) The constructive recall requirements, service credit pos, listings. (d) Age, education, experience, and sessed by an alpplicant Is the amount of § 881.22 Eligibility requirements; grade requirements-(1) Age. By law, no e&ucation and experience credited for person under the age of 18 years will be (a) Moral requirements. Applicant grade determination. Constructive credit appointed as a Reserve of the Air Force. in excess of that required for the next must possess high moral character and Age criteria for commissioning through personal qualifications. higher grade, will be awarded as promo- AFROTC and SMSO are contained in tion service in grade. (b) Citizenship requirements.A person directives relating to such programs. appointed as (b) The award of constructive service a Reserve of the Air Force (2) Education. Only edtication above under this part must at the time of ap- credit will be limited to the minimum high school level gained at accredited in- amount required for appointment in the pointment be a citizen of the United stitutions States. An individual who binot a citizen will be acceptable for the pur- determined grade. by birth must submit the statement in poses of this part. Institutions recog- (c) The amount of constructive service subparagraph (1) of this paragraph, nized for credit must have national or awarded for education will be as specified signed by an officer, notary public, or regional accreditation as listed in the by the U.S. Air Force regardless of the ac- other person authorized by law to ad- current issue of the Education Directory, tual time spent In acquiring the degree. minister oaths. In no circumstances will Higher Education, published by the Of- fice of Education, Department of Health, At time of appointment, the following facsimiles or copies (photographic or conditiots must be met: otherwise) of naturalization certificates, Education, and Welfare, or from a col- declarations of intention, certificates of lege or university not so accredited but (1) The degree must have been con- citizenship, or alien registration receipt listed in the directory. An applicant .ferred; or cards be made. Title 18 U.S.C. 1426(h) whose credits are from a school which Is (2) An authorized official of the- edu- provides that "whoever, without lawful neither accredited nor listed in the edu- cational institution awarding cation directory must present a state- the de- authority, prints, photographs, makes or gree must certify that the applicant has executes ment or transcript indicating that his a print or.impression in-the credits are completed all of the requirements for the likeness acceptable for unconditional of a certificate of arrival, dec- admission into the graduate school of, or degree which will be conferred at a later laration of intention to become a citizen; for full transfer to, a nationally or re- specified date; and

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 26S95

.(3) The degree must relate to the spe- (5) DD Form 98, Armed Forces Secu- 24 months if I fall to satisfactorily perform training requlrements. cialty in which appointment is being rity Questionnaire. made. (6) FD Form 258, FBI Fingerprint (Signature) (d) Persons who earn a degree for Card. which constructive service is allowable, (7) Transcripts of college work as evi- (15) Men physicians, dentists, and but who do so while in a commissioned dence of educational level. Graduates of veterinarians, Including those who have status may, upon an authorized reap- recognized colleges of dentistry, medi- reached age 26 or over, whose appoint- pointment, be credited with either con- cine, optometry, pharmacy, and veteri- ments are contingent upon concurrent structive service or their commissioned nary medicine, and applicants for ap- assignment to a Ready Reserve position time for total years service date, but not pointment in the Medical Service Corps must sign the following statement and both. may submit a photostatic copy of college have It witnessed: _(e) Persons' commissfoned during a diploma in lieu of a transeript. If I am tendered an appointment as a Re- portion of the time spent in earning a (8) Conditional release from another cerve or the Air Force, I understand and degree may, upon an authorized reap- Armed Force or component in which ap- agree to accept Ready Reoerve statu3 for a pointment, be awarded constructive pointment is currently held, if applicable. period of 5 years, or until age 35,whichever occurs first, eZcctive on the date of my ap- service credit for education for the time (9) A certificate similar to the follow- pointment. Provided that I stisfactorily not duplicated by comissioned service. ing, except for women and chaplain participate as a mmbr-T of a Ready R1esarve §831.24 U.S. Air Force (Temporary) applicants: unit, I vwil not be liable, a: provided under appointments. 80 U.S.C.A. App. 454(1) (1) for active military I certify that I have not been ordered to servIce as the result of special draft calls. Total year service date and promotion report for induction under the Military Sc- I understand that I must participate in 43 lective Service Act. After submitting appil- assemblies service date will.not be computed for cation for appointment as a Reserve of the inactive duty training period- or officers holding only U.S. Air Force and up to 15 daya' active duty training an- Air Force, I understand that any appoint- nually, or 30 days of active duty training (Temporary) appointments. ment, enlistment, or order to active military cervice other than annually or as required by my Reserve as- Subpart C-Application and Processing service In a branch of the clgnment, xmles excused therefrom by Procedures the Air Force automatically renders me in- proper authority. eligible to accept an appointment as a Re- I understand that If I fail or refus=e to par- § 881 3.0 How to apply. serve of the Air Force. ticipate satisfactorily as determined by the Secretary of the Air Force I may be dis- (a) Except for procedures that apply (Signature) (Date) only to SMSO and AFROTC, the docu- charged or referred to the appropriate (10) Any other documents or infor- Selective Service Board for Induction. as ments in subparagraphs (1) through appropriate. (22) of this paragraph, properly com- mation the applicant may desire to sub- pleted, constitute the application. Docu- mit as evidence of his qualifications for WVtne=ed by: ments required by subparagraphs (3) appointment. through (6), (9), (11), (12), (14), and (11) For a civilian employee of the (Signature of unit commander or (16) of this paragraph are not required Federal Government, a "Certificate of authorized reprteentative) for officers on extended active duty ap- Availability of Federal Employee." plying for reappointment as judge ad- (12) DD Form 1644, Ready Reserve (Date) vocates under Subpart D. Officers already Service Agreement, for persons whose designated as judge advocates or assign- appointment is contingent upon assgn- (Signature of applicant) ment to the Judge Advocate General's ment to a Ready Reserve unit or mobili- Department who apply for reappoint- zation augmentation position. (Date) ment under Subpart D need not submit (13) Persons applying under Subparts, (16) For persons whose appointments documents previously submitted if they D, E, F, G, or H of this part must submit are still current. Line of the Air Force are for inactive duty, AP Form 1233, Ap- the additional documents listed in those plicatlon for Reserve Assignment, and officers desiring reappointment to the subparts. Medical Service Corps or the Biomedical a statement from the commander of the (14) Men applicants, other than chap- Ready Reserve unit that a vacancy exists Science Corps should submit application lains, physicians, dentists, and veteri- by letter. Airmen on active duty need within the unit and the appointment of narians, who have not attained their 26th the applicant Is requested to fill the not submit documents required by sub- birthday and who havehad no prior mili- paragraphs (4) through (6) of this para- vacancy. tary status must submit the following (17) graph if a personnel security investiga- For an applicant who has been tion has been completed. statement: eliminated from. a course of training If I am tendered an appointment as a leading to a commission, the commander (I) AF Form 24, Application for Ap- or activity responsible for the prelimi- pointment as Reserves of the Air Force Reserve of the Air Force, I understand that upon acceptance of appointment I am re- nary processing of the application will or USAF Without Component. quired by law to serve on active duty and In obtain and attach DD Form '85, Record (2) Original or photostat of honorable a Reserve component for a total of G years of Disenrollment from Officer Candidate discharge certificate or certificate of unless sooner disc d In accordance with Type Training. service, a copy of the order effecting regulations and standards preeribcd by the (18) Appropriate certificate required discharge, and statement of service, Secretary of Defense. I understand that al- by § 881.22(b), when applicable. when applicable. Applicants with prior though the appointment is tendered and ac- cepted for an Indefinite term, my obligated (19) For airmen applicants on ex- active military service will submit a service will be for a period of 6 year. I tended active duty, the servicing Con- photostatic copy of DD Form 214, Re- understand that I may qualify for tranzfer to rolidated Base Personnel Office (CBPO) port of Separation from Active Duty. For the Standby Reserve on conpletion of a will furnish an AF Form 47, Certificate judge advocate appointees, a copy of the combination of active duty and rati factory of Eligibility and Recoid of Personnel individual's certificate of graduation Ready Reserve participation totaling at lewt Security Clearance, as evidence of com- 5 years or upon completion of a combina- from an accredited law school and a copy pleted security investigation. of his certificate of admission to the bar tion of my military service obligation, which- ever Is earller. I further understand that It (20) For those seeking appointment as of a Federal court or the highest court my appointment Is contingent upon concur- a judge advocate, a report of interview -of a State,- as applicable, will be rent Ready Reserve assignment, I vill be by an active duty career judge advocate, submitted. required to meet the participation require- prepared according to separate instruc- () Standard Form SF 88, Report of ments of the unit to which acsigned. I under- tions issued by the Judge Advocate Gen- Medical Examination, and SF 93, Report stand that while I am cerving In a draft- eral, USAF. deferred status', I am subject to mandatory Drug Abuse of Medical Histry. assignment. I have been counseled and (21) AP Form 2061, USAF (4) DD Form 398, Statement of Per- understand that I will become subject to Certificate (Appointment/Officer Train- sonal History. involuntary order to active duty for up to ing Applicants Only), an AF Form 2031,

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26896 RULES AND REGULATIONS

Drug Abuse Circumstances (when appli- appear for processing and testing. Appli- navigator training who must meet the cant requests an individual evaluation on cants not in the active military service established requirements. AF Form 2061). must "provide for travel, quarters, and (iii) Individuals applying under Sub- (22) All applicants for commission in meals at their own expense. Applicants parts E, F, G of this part (§ 881.72), and the medical services for assignment to will be scheduled so that, as far as practi- Subpart H of this part. USAFR Ready Reserve units or mobil- cal, they will not have to spend morethan (3) Testing requirements for AFROTC ization autmentee positions must sign 2-days at the place of processing. If an students and individuals enrolled in the the following statement and have it applicant fails to report for processing School of Military Sciences, Officer, are witnessed: on the scheduled dte, every reasonable outlined in directives relating to those I agree to attend Medical Service Officers attempt will be made to determine rea- programs. Orientation Course, MOBRO 104-1, as soon sons for failure to report. A new report- (4) The AFOQT will be administered as possible but not later than 1 year after'I ing date will be established, if the appli- by a test control officer or authorized receive my commission as an officer of the cant desires it. personnel of the Recruiting Service, Medical Service. (b) Testing. (1) Unless exempt, each (c) Medical examination. Each appli- Witnessed by: applicant will be administered the Air cant will be given a medical examination, Force Officer Qualifying Test (AFOQT). if applicable. (Signature of unit commander or No minimum qualifying scores are es- (d) Fingerprinting. Examining centers authorized representative) tablished. The test will be conducted will fingerprint each applicant. FD Form according to current and appropriate in- 258, FBI Fingerprint Card will be used. (Date) structions for administering and scoring the AFOQT battery to derive the follow- 881.33 Selection of applicants. (Signature of applicant) ing: Applicants will be selected through the (i) Officer quality. (Date) use of a quality-oriented system includ- (ii) Verbal aptitude. ing, but not limited to factors such as (iii) Quantitative aptitude. (b) Physicians and allied medical spe- - (2) The following categories are ex- education, experience, test scores, poten- cialists allocated to the Air Force under empt: (i) Former Officers. tial and motivation. special draft calls will be processed as (it) Officers of any of the services ex- § 881.34 Personnel security investiga. follows: cept those applying for entry into pilot or (1) DD Form 1548, Preinduction Pro- tlions. cessing and Commissioning Date-Medi- A B cal, Dental, and Allied Specialists Cate- Rule gories const;tutes the application for If an applicant- Then he may not be tendered an appointment and active duty, appointment until (note 1)- (2) Standard Forms 88 and 93, Report g of Medical Examination and Report of I------Is an immigrant alien physician or dentist ------A report of a background lnvolti i- 2------Has a father, mother, sisters, brothers, spouse, or children tlon (111) under AIR 2*-32,U0AF Medical History will be submitted with residingin one of the countries listed In AFR 205-32, Personnel Scurity l'rogram, has the DD Form 1548. Reports of medical atch 6. been comploted and a foverablo 3 ------Is a U.S. citizen and has resided or traveled in a country report ron dred. examinations are acceptable for 2 years listed in AFR 205-32, atch 6, for 30 or more continuous from date of examination. days after dates indicated (note 2). (3) 4. .------Made entries on DD Formt 8 tha providereasons forbelef Graduates of foreign medical that the appointment may not be clearly consistent with schools must furnish evidence of perma- the Interest of National security. nent certification by the Educational 5 ------Is not listed in rules 1-4 ------A National Agency Cheek (NAC) har 6 ------Is an Air Force member under consideration for appoint- been completed and s favorable Council for Foreign Medical Graduates. mentwith a Limited NationalAgency Check (LNAC). decision rendered. 7 Hasa break in service or ------employment after a prior investi- A NAO hats bten completed and a § 881.31 Examnhing hoards. gation under AFR 205-32. favorable decsion rendered It the break in service or employment ex. (a) Examining boards will be ap- ccedst 1 year. pointed to make recommendations for individuals who have not held an ap- NOT-L Individuals applylng for appointment in any of the corps of the medical services for assignment to Ready pointment and are being considered Reserve units (USAFR and AN GUS) may be appointed prior to completion of the appropriate per"onn1l gettrity above the grade of major under 10 U.S.C. investigation provided the following Certificate of Understanding is submitted with the application, 594. I understapd that my appointment as a ministrative orders instead of letters of (b) Examining boards will be com- conniLssioned officer in the Reserve of the appointment. posed of an uneven number of officers Air Force is being accomplished prior to com- pletion of the required security investiga- (3) Each applicant will be notified of totaling not less than three, the majority -his appointment or nonselection. of whom are Reserve and all of whom tion. I further understand that if as a re- sult of completion of the postcommissionng (b) Appointments will be issued as of are in a grade equal to or higher than current date and will be effective from the grades for which investigativ6 procedures I am determined applicants are be- unacceptable for appointment as a commis- the date of acceptance. Ing considered. When a woman applicant sioned officer, I will be discharged from the (c) When an appointee fails to accept is being considered, one of the board United States Air Force and that I will an appointment, the appointing author- members will be a woman officer. Reserve receive an Honorable Discharge Certificate. ity will cancel the appointment by rea- officers appionted to these boards may son of nonacceptance and notify or may not be on active duty. '2. Travel or residence in these coun- the (c) Any person who receives a notice tries under the auspices of the U.S. Gov- appointee. of induction under the Military Selective ernment will not be considered. § 881.36 Validity of oaths of office and Service Act and is allocated to the Air § 881.35 Appointment and notification. acceptances. Force, and is otherwise qualified for ap- (a) Appointments will be made by let- (a) When an individual is elected or pointment as a physician or dentist in a ter or administrative orders. appointed to an office of honor or trust grade higher than major, will be ap- (1) The Air Force Specialty Code under the Government of the United States, he is required, before entering pointed in such grade without referral (AFSC) reflecting the appointee's edu- cation 'nd experience which were con- upon the duties of the office, to take to a board of officers. sidered in making the appointment will and subscribe to an oath of office or an § 881.32 Processing and testing. be shown in all appointment letters (ex- oath of service and obedience under spec-, ied conditions without reservations or (a) Within 15 workdays after the ap- cept those for graduates of-the AFROTC modifications. Appointment of any indi- plication has been received from the program). vidual who does not desire to execute major command, the applicant wi be (2) Graduates of the School of Military the oath of office or the oath of service notified of the time and place he must Sciences, Officer, will be notified by ad- and obedience without reservation Will

FEDERAL REGISTER, VOL. 38, NO. 187--THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 26S97

be canceled. In the situations described under 10 U.S.C., chapter 863, as well as (3) If not in Career Reserve status, in paragraphs (b) and (c) of this sec- for appointment and promotion pur- applicants on extended active duty must tion, when an acceptance is established poses under 10 U.S.C., chapter 837. obtain approved dates of separation that are at least 4 years from date of desig- by other means, submission of a prop- § 881.41 Professional qualifications. erly executed oath of office is a prerequi- nation as judge advocates. site for entitlement to full pay and Applicants possessing the professional (4) Reappointment of nonextended allowances. qualifications listed in this section for the active duty USAFR applicants who have (b) Execution and return of the oath grade concerned and who are otherwise not served on extended active duty as of office constitute a formal acceptance qualified may apply for appointment as commissioned officers Is authorized to of appointment. No other evidence is a ResAF, Judge Advocate General's fill extended active duty requirements. needed or required. An acceptance may Department. Applicants complete AF Form 125, Ap- be-"expressed," as by formal acceptance (a) First lieutenant. For appointment plication for Extended Active Duty in writing, or "implied," as b entering as first lieutenant, the applicant must with the USAF. Selection to enter active upon the performance of the duties of meet the age for grade requirements es- duty is made on a competitive basis the office pursuant to an order of com- tablished by Air Force regulations and be within authorized recall quotas for judge petent authority. If an appointee enters a graduate of an accredited law school advocates. on active duty before execution of the and a member of the bar of a Federal (5) Officers, except second lieutenants. oath of office, the date of entry on active court or of the highest court of a State. holding Reserve grades lower than those duty will be recorded as the implied or A graduate of an accredited law school to which they would be entitled by vir- constructive date of acceptance. An oath may apply for appointment before admis- tue of the additional constructive service of office is still required, however, and sion to the bar, provided appointment will credit are not eligible for reappointment he submits docu- will be obtained as soon as possible. Such not be tendered until Subpart E-Appointment of Chaplains oath will be executed as of current date mentary evidence of admison to the and when received by the appointing au- bar. A senior attending an accredited law § 881.50 Application for the Air Force thority will be annotated as follows: school may apply for appointment on chaplaincy. the basis of his current transcript but Date of entry on duty on ------...... (a) General. Applicants will be con- not more than 90 days before his sched- sidered for appointment only when mili- pursuant to Special Order --....------uled date of graduation. Final transcript HQ ------, dated ------tary and denominational authorizations constitutes constructive acceptance of ap- must be submitted as soon as possible. exist within the Reserve quotas allocated. pointment. Acceptance officially recorded as In no event will he be tendered an ap- (b) Application procedure. Applica- of pointment until he graduates from law tions must include all applicable docu- school and submits both his final trans- ments listed in this subpart, plus the (Date of extended active duty). cript and evidence of admkson to the following: bar. (1) Fcclesiastcal endorsement. (c) An oath of office properly dated (b) Grade above flrst lieutenant For (2) Certified scholastic transcripts. and signed by an appointee but not ad- appointment in grades above first lieu- (c) Qualiflcation and requirements. minitered by an authorized offical, or tenant, applicant must pomess all the (1) Age and grade: 34 years for first lieu- one taken before a person believed au- qualifications specified in paragraph (a) tenant, and less than 40 years for thorized but actually not authorized to of this section and meet the age and legal captain. adminster oaths, is ineffective. However, experience requirements. Normally, ap- (11) In time of National emergency or it is valid as an acceptance and will be pointments will not be made in field a war, or when a continuing serious short- recorded as such. In such instances, grades. Exception: When the applicant age of Air Force chaplains exist, _age valid oath of office will be obtained and has had the type of legal experience that, waivers may be granted not to exceed Vill be dated as of the date actually in the opinion of the Judge Advocate the mamum age of appointment by executed. General, qualifies him to satisfactorily more than 3 years. Subpart D-Appointment of Judge perform judge advocate duties in the (2) Minimal education requirements: Advocate Officers grade sought and in a legal specialty crit- (1) Applicant must possess 120 semester ically required by the Air Force. § 881.40 Submitting applications. hours of undergraduate credit from an § 881.42 Appointment nnd rcappoint- accredited college or university. - Applicants for appointment as ResAF, muent. Judge Advocate General's Department (11) Applicant must possezs 90 semes- must submit in adition to the documents (a) Appointment. Original appoint- ter hours of credit or an appropriate required by § 881.30(a): ments in this specialty are contingent graduate degree from a theological semi- (a) A certificate from the proper court upon the applicants' consent to Immedl- nary or from a graduate school of the- clerk indicating original date of admis- ately enter extended active duty for 4 ology that is a component part of a uni- sion and present standing at the bar of years, except for Air National Guard versity. The seminary or school of the- a Federal court or-of the highest court (ANG) applicants. ology must be accepted as an accredited of a State. (b) Reappointment. Subject to the ap- or associate member of the American (b) "An affidavit from the applicant plicable provisions of the Air Force, Assoclation of Theological Schools or containing a chronoloiical statement of ResAF officers who are not in a deferred meet the established criteria. his full legal experience. Legal experience status under 10 U.S.C. 8368 may apply for (3) Appointment in the grade of first may include governmental, judicial, reappointment as Judge advocates under lieutenant. Applicants may be initially teaching (in accredited law schools), and the following conditions: appointed in the grade of first lieutenant military experience and private practice. (1) Reappointment is limited to officers if they are less than 34 years of age; (c)For officers applying for reappoint- below the permanent or temporary grade have completed 3 years of graduate study inent as judge advocates, a statement of major who qualify for appointment as or have a graduate theological degree that the applicant understands that: judge advocates but are not designated as from an accredited or recognized theo- (1) Upon reappointment his current Judge advocates.or assigned to the Judge logical seminary: have attained full Reserve commission will be vacated; Advocate General's Department. ecclesiastical ordination status; and (2) His service credit will be subject (2) Officers reappointed under provi- have the professional experience required to recomputation; sions of this section will be credited with by their denomination. (3) His total years service date and constructive service under 10 U.S.C. 8353. (4) Appointment in the grade of cap- will be adjusted tain. Applicants may be initially ap- promotion service date service counts for appointment and accordingly; and This pointed in the grade of captain if they (4) The additional constructive serv- promotion and toward mandatory trans- are les than 40 years of age and can ice credit awarded counts toward manda- fer to the Retired Reserve under 10 qualify under one of the following con- tory transfer to the Retired Reserve U.S.C., chapter 863. structive service credit categories:

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26898 RULES AND REGULATIONS

(I) Have completed 3 years of gradu- (5) Is best qualiLfted intellectually, standing and has been accepted for en- ate study in an accredited or recognized emotionally, and psychologically for the rollment for the ensuing academic year. theological seminary; have attained full Air Force chaplainc3 The certification must Include the esti- ecclesiastical ordination status; and have § 881.53 The Chapllain Candidate Pro- xnated date of graduation. had a minimum of 4 years of full-time gram. (d) Reappointment as chaplain. A active professional experience as a min- chaplain candidate applies for appoint- ister, priest, or rabbi, following comple- (a) .Eligibilitycrit eria. In addition to ment as chaplain, first lieutenant, after tion of undergraduate study. being otherwise qiualified, applicants he graduates from theological seminary (ii) Have completed an additional seekng appointment as chaplain candi- and is fully ordained. An applicant will year of graduate study in an accredited dates must: be approvedfor appointment If he is en- or recognized theological seminary be- (1) Meet the educa.tional requirements dorsed by this ecclesiastical endorsing yond the regular seminary course or first as outlined in § 881.50(c) (2) (i). agency and meets all requirements. He seminary degree; have attained full ec- (2) Apply after completing the first will be required to actively participate in clesiastical ordination status; .and have semester of the first year but before the the Ready Reserve for a minimum of 3 had a minimum of 3 years of full-time beginning of the last semester of the years unless selected by his endorsing active professional experience as a min- final year of study while enrolled as a agency to fill an active duty quota Va- ister, priest, or rabbi, following comple- full-time student- in an accredited or cancy. If appointed as chaplain, he must tion of undergraduate study. recognized theologica1 seminary or school agree to apply for the Chaplain Orien- of religion as outlineed in § 881.50(c) (2) tation Course as soon as possible, but no § 881.51 Compensatory professional con, (ii). later than 1 year after date of reap- siderations. (3) Possess the potential professional pointment. If no vacancy exists In a Cate- Applicants from religious denomina- qualifications requir ed for chaplains in gory A Reserve unit or mobilization aug- tions that do not operate accredited or § 881.50. mentation position, he will be assigned recognized theological seminaries may (4) Obtain ecclesi astical approval to to CHAPAR. be considered if they: enter the Chaplain Candidate Program (e) Title of chaplain candidate. A (a) Meet the requirements of § 881.50 from the endorsin g agency of the chaplain candidate, when in military (c) (2) (1). denomination under whose auspices he status, will be addressed as "lieutenant." (b) Have earned a minimum of 90 will qualify himself as a fully ordained A chaplain candidate will not wear the semester hours of graduate credit in the minister, priest, or rabbl. chaplain insignia. social sciences, the humanities, or the- (5) Be less than 30 years of age at (f) Termination of chaplain candidate ology (or a combination of all three) the time of appointnnent. status. (1) The status of a chaplain can- at an accredited or recognized institu- (b) Procedure. ThLe application must didate will be In force until his theologi- tion of learning. include a statemenit of ecclesiastical cal training has been completed, ordina- (c) Have attained full ordination approval signed by the applicant's tion rites have been conferred, and the status as required by their particular ecclesiastical endorsiing agent. candidate fully meets the requirements denomination. (c) Appointment..iAppointment is con- for appointment as an Air Force chap- (d) Are actively engaged full-time in tingent upon a military authorization lain. their religious vocation at the time of and a denominationa quota vacancy. (2) A chaplain candidate's commission appointment and have had the profes- (1) Approved app]icants will be corn- willheterminatedif: sional experience required by their missioned'in the graade of second lieu- (I) He falls to complete the required denomination. tenant. At the time of appointment each theological studies; § 881.52 Ecclesiastical endorsement. applicant will sign t he following certifi- (ii) He does not qualify as a chaplain Applicants must request an endorse- cate, which will become part of his per- according to § 881.50(c) (3) ; ment from their ecclesiastical endorsing manent,record: (iii) He is not appointed as chaplain agency. When the endorsement has been I understand that t retain my commis- in (iv)the ResAF;His ecclesiastical ipproval is with- received by the appropriate agency, sion as a Reserve of the Air Force I must earn application forms with instructions will a minimum of 90 seme ster hours of graduate drawn; or be forwarded to the applicant pro- credit or an approprla te theological degree (v) He fails to apply for reappointment vided there is a quota vacancy for his from a theological schoel accepted as a mem- as chaplain, first lieutenant, upon com- ber of the American Association of Theologi- pletion of the last semester of the final denomination. cal Schools, or from a graduate school of re- year of study and full ordination. (a) The ecclesiastical endorsement ligion which is a component part of a uni- will be considered valid only if it has versity accredited by ai1 appropriate regional Subpart F-Appointments of Physicians been issued by a religious endorsing accrediting agency. I further understand (includes osteopath), Dentists, Veterl, agency that has been formally recog- that failure to complete this theological narians, and Nurses nized by the Armed Forces Chaplain's training satisfactorily will result in the ter- Board of the Department of Defense. mination of my comm Ission as a Reserve of § 881.60 How to apply. The appropriate endorsing agency must the Air Force (Authorl ty: AF 35-3, chapter In addition to the documents required certify in the endorsement that the 31). Upon meeting th.e qualifications out- by § 881.30(a), applicant must submit: lined in AFA 36-15, paragraph 5-1c(3). 1 (a) Two photostats of license to prac- applicant: must submit an applicaation for appointment tice, except when waivers are permitted. (1) Is a fully ordained minister, priest, as an Air Force chaplatn and agree to attend or rabbi of the denomination the agency the Chaplain Orlentatioon Course at the USAF Nurses must have current registration in is legitimately authorized to represent, Chaplain School as socn as possible but not at least one State, the District of Colum- later than 1 year after I receive my coinmis- bia, the Commonwealth of Puerto Rico, giving day, month, year, and place of slon as a chaplain. Iagree to participate ac- or a territory of the United States. Nurse applicant's ordination. tively and satisfactorily in the Ready Reserve anesthetists must submit documentary (2) Is professional qualified and au- for a minimum of 3 yeaars and accept a Cate- evidence of current certification by tile gory A or Mobilization Augmentation posi- American Association of Nurse Anesthe- thorized to be appointed as a Reserve tion when one is availa;tble; to'the otherwise, Chaplain I agree Area tists. of the Air Force with the specialty of to accept an assignmen t (ChAPAR). (b) Nurses must submit one official chaplain. Representative Progran copy of transcript of grades from all (3) Is authorized to enter on extended of nursing, colleges,-schools or universi- active duty in the active establishment (Signature), (Date) ties and of any postgraduate training, of the Air Force or to fill a Ready Re- (2) On or before] November 1 of each such as anesthesia. serve, Catagory A, or mobilization aug- year the chaplain canndidate must submit § 881.61 Submission of DD Form 62, mentee position. a certification by tihe registrar of the Statement of Acceptability. (4) Is engaged in the full-time pursuit theological institution he is attending (This section aplolies only to physician of his religious vocation. that he is a currerat student in good applicants who are allocated to the Air

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 26899

Force under the Armed Forces Physi- Program, Early CommissIoning rogram, struction or engaged in a dental intern- cians' Appointment and Residence Con- Medical Education Program, or Armed ship. sideration Program (Berry Plan).) DD Forces Health Professions Scholarship (3) Applications from dental students Form 62, will be prepared for each Rhy- Program upon receipt of the MD or Doc- may be accepted and processed before sician only upon his being found medi- tor of Osteopathy (DO) degree. receipt of the qualifying degree. The ap- cally qualified or medically acceptable (c) Appointment in higlr grades. plicant must furnish a statement from -with waiver of active military service. Applicants must possess all of the qualifi- the institution indicating he has com- This form will be forwarded to the ap- cations specified in paragraph (a) of pleted all of the degree requirements or propriate State Director, Selective Serv- this section and must have had the mini- is expected to do so within 7 months. If ice System. mum additional professional experience, otherwise qualified, the appllcant will be including internship, residency, fellow- tendered an appointment generally be- § 881.62 General qualificrtions for ap- ship, or other graduate study at a hos- tween 150 to 180 days before graduation. pointment. pital, public health agency, school of After appointment and following grad- (a) Appointments will be based on cri- public health, research institute, labora- uation, the officer must furnish evidence teria established for each specialty. tory, medical college, recognized teach- that the degree has been conferred and Waiver of the maximum age require- ing center, or similar institution. all other applicable requirements have ment may be granted for persons con- § 881.64 Doctors of osteopathy (DO). been met. Officers so appointed who do currently requesting extended active not successfully complete their educa- duty. (a) Appointment as first lieutenant. tional requirements or who fail to receive (b) A Reserve first lieutenant or cap- (1) For appointment as first lieutenant, the qualifying degree will be discharged. tain of the Medical or Dental Corps en- applicant must have completed: At the time of application, each student tering. on active duty will be appointed () Three years of college work be- must sign the following certificate which to the grade of captain (temporary) fore entering a college of osteopathy. will become a part of his permanent file: effective the date of entry on active duty (il) A 4-year course and been awarded I understand that If appointed, continua- with the date of rank as of date of grad- a degree of Doctor of Osteopathy from a tion In the appointment 1, contingent upon uation from medical or dental school, as school of osteopathy (approved by the my completing the requirements of the ap- appropriate. Temporary appointment to Surgeon General) whose graduates are propriato degree and that failure to receive the grade of captain is contingent upon eligible for licensure to practice medi- my graduate degree on ---- will re- the person's entry on active duty. cine or surgery in a majority of the cult in the termination of my appointment (c) Appointments may be tendered to States and be licensed to practice med- as a RLcerve of the Air Force (Authority: draft-liable physicians for assignment to icine, surgery, or osteopathy in a State AF'M 35-3. chapter 31). Upon meeting the a Reserve unit, including the ANGUS or Territory of the United qualflcations for appointment, I agree to States or in serve a minimum of 2 full year on extended except during the period a special physi- the District of Columbia. active duty unle.s sooner relieved by proper cians' draft call is being filled by the (iii) One year of postgraduate study authority. Selective Service System. Processing of and be engaged In the ethical practice - appointees must be completed, except for of osteopathy. (Sigaature) security clearance, before the -date Se- (2) License and actual engagement in (Date) lective Service requisitioning begins. practice may be waived for graduates of (b) Reappointment as first lieutenant. § 881.63 Doctors of medicine (AED). approved schools of osteopathy provided Regardless of the provisions of para- application for appointment is made graphs (a) (1) (ii) and (ii) of this sec- (a) Appointment as first lieutenant. within 1 year after completion of n- tion, reappointment as first lieutenant (1) For appointment as first lieutenant, ternship or residency training. Formal will be tendered to persons who are par- the applicant must: postgraduate training must be continu- ticipants in the Senior Dental Student (i) Be a graduate of a medical school ous and uninterrupted since receipt of Education Program, Early Commission- approved by the Surgeon General, or of degree in osteopathy. Ing Program, Dental Education Program, a foreign medical school and furnish evi- (b) Appointment in idghergrades. Ap- or Armed Forces Health Professions dence of permanent certification by the plicants must possess all of the qualifica- Scholarship Program upon receipt of the Educational Council for Foreign Medical tions specified in paragraph (a) of this DDS or DDM degree. Graduates, or permanent and unre- section and have the minimum addi- (c) Appointment in higher grades. stricted licensure of a State, the District tional professional experience, including Applicants must possess all of the quali- of Columbia, the Commonwealth of internAip, residency, fellowship, or fications specified in paragraph (a) of Puerto Rico, or a territory of the United other graduate study at a hospital, pub- this section for appointment to first lieu- States. lie health agency, school of public health, tenant and must have the additional (ii) Have completed 1, year of post- research institute, laboratory, medical minimum experience or training in en- graduate study and be engaged in the -college, recognized teaching center, or vironments normally associated with ethical practice of medicine. similar institution. high professional standards for the ap- (ii) Possess a license to-practice medi- plicable grade. cine in a State or-in the District of Co- § 881.65 Doctors of dentistry (DDS and DDM). (d) Substituting graduate study for lumbia, or possess a diploma from the Professionalexperience. Graduate study, National Board of Medical Examiners. (a) Appointment as first lieutenant. not to exceed 3 years, may be substituted (2) License and actual engagement in (I) For appointment as first lieutenant, for professional experience on a year- practice may be waived for graduates of applicant must: for-year basis. approved medical schools and for those QI) Possess a degree of doctor of who have attained permanent certifica- dental surgery (DDS) or doctor of § 881.66 Doctors of veterinary medicine tion by the Educational Council foi For- dental medicine (DDN) from a rchool (DV3). eign Medical Graduates. Application for or dentistry acceptable to the Surgeon (a) Appointment as first lieutenant. appointment'must be made within 1 year General, USAF. (1) For appointment as first lieutenant aftei the completion of internship and (ii) Possess a license to practice den- applicant must: residency training, provided formal post- tistry in a State or in the District of (1) Be a graduate of a school of veter- graduate medical training has been con- Columbia. inary medicine or veterinary surgery ap- tinuous and uninterrupted since receipt (iii) Actually be engaged In the ethi- proved by the Surgeon General, -USAP. of medical degree. cal practice of dentistry. (i) Be licensed to practice veterinary (b) Reappointment as first lieutenant. (2) Waiver of license and actual en- mericine in a State or in the District of Regardless of the provisions of para- gagement in practice may be made for Columbia. graphs (a) (1) Gi) and (iii) of this sec- graduates of approved dental schools, if (Ill) Be engaged in the ethical prac- tion, reappointment as first lieutenant application for appointment is made tice of veterinary medicine. will be tendered to persons who are par- within 1 year after graduation or while (2) License and actual engagement in ticipants in the Senior medical Student undergoing appropriate postgraduate in- practice may be waived for graduates of

- FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26900 RULES AND. REGULATIONS approved schools of veterinary medicine (b) Appointmeht in other grades. Ap- anesthesia training and subsequent qual- or surgery who are commissioned im- plicant must qualify under paragraph ification by examination as a nurse mediately1(3) Appointment upon graduation. (a) of this section and be qualified by the anesthetist by the AANA. Applicant must of veterinary stu- indicated minimum number of years of have had at least 12 months' experience dents before graduation may be made as professional experience and education administering anesthetics within the prescribed for dental students in requirenlents outlined in this paragraph. 2-year period immediately prior to § 881.65(a) (3). Constructive service in the amount of 1 appointment. (b) Reappointment as first lieutenant. year may be awarded to an applicant (iv) Five years' appropriate profes- Regardless of the provisions of para- who has a baccalaureate degree; an ad- sional experience, a baccalaureate de- graph (a) (1) (i) and (iii) of this section, ditional year may be awarded for a gree in nursing or a nursing specialty, reappointment as first lieutenant will be master's degree. The period for which and at least 1 year's anesthesia training tendered to persons who are.participants constructive service is granted for educa- and subsequent qualification by exami- in the Early Commissioning Program, tion may not again be counted toward nation as , nurse anesthetist by the Veterinary Education Program, or Armed meeting experience requirements. The AANA. Applicant must have at least 12 Forces Health Professions Scholarship period during which an applicant con- months' experience in administering an- Program upon receipt of the DVM degree. currently earns a degree and acquires esthetics within the 2-year period imme- (c) Appointment in other grades. Ap- experience may be counted as construc- diately prior to appointment. plicants must qualify under paragraph tive service either for education or ex- NoT-The maximum amount of construe- (a) (1) of this section and be qualified by perience but not for both. tive service that may be awarded upon ap- minimum periods/ of acceptable profes- (1) First lieutenant. Must have con- pointmont in grade of captain Is 7 yearm. sional experience as follows: structive education and experience total- (1) Captain. (I) Be engaged in prac- ing 3 years in one of the following combi- (3) Major and lieutenant colonel. Ap- tice of veterinary medicine, with a major nations: pointees must possess outstanding quali- portion of the practice being in environ- (I) Three years' appropriate profes- fications for special positions determined ments normally associated with high sional experience, of which at least 6 by the Surgeon General, USAF, as re- professional standards. months were spent either in active nurs- quirements necessitate. (i) Have 4 years of actual experience. ing or pursuing additional education in (c) Appointment for training. Appli- (2) Major. (I) Give evidence of suffi- a field allied to nursing within the 12- cants who meet appointment criteria cient independent experience to indicate month period prior to appointment. may be appointed in the grade for which mature judgment and ability to function (ii) Two years' appropriate profes- qualified and ordered to active duty for In the specialty without professional sional experience and a baccalaureate completion of final 12 months of educa- supervision. . degree in nursing or a field allied to tional requirements. After appointment (i) Ordinarily must have been certi- nursing. and following graduation, the officer fled by an American Veterinary Specialty (iii) One year's appropriate profes- must furnish evidence that all applicable Board. sional experience and a master's degree requirements have been met. Officers so (liI) Have 11 years of actual in nursing, a nursing specialty, or a field appointed who do not successfully com- experience. allied to nursing. plete their educational requirements or (3) Lieutenant colonel. (i) Give evi- (iv) Two year's appropriate profes- who fail to receive the qualifying degree dence of having achieved an unequivocal sional experience and at least 1 year of or certificate will, If eligible, be rcas- prominence that makes him an authority anesthesia training and subsequent signed to an Air Force medical facility in his particular field. (For example, a qualification by examination as a nurse to fulfill the obligation incurred as a person who Is an oitstanding contributor anesthetist by the American Association participant in the program. At the time to scientific research; an administrator of Nurse Anesthetists (AANA). of application, each student must sign and contributor to .development of the (v) One year's appropriate profes- the following statement which will be specialty under consideration.) sional experience, a baccalaureate degree filed in the applicant's records as a per- (Qi) Have 18 years of actual experience. in nursing or a nursing specialty, and at manent document: (4) Colonel. (i) Have achieved -the least 1 year of anesthesia training and I agree to remain on active duty for a type of background described in sub- subsequent qualification by examination minimum of 3 years after completion of paragraph (3) (i) of this paragraph. as a nurse anesthetist by the AANA. training as evidenced by the degree or cer- (ii) Have 20 years of actual experience. NoT.-Applicants with more than 3 years tificate. I have made no commitment which will prevent me from serving on active duty § 881.67 Appointment of nurses. of applicable experience who do not meet the qualifications for appointment in grade of upon completion of my training. I assumo (a) Appointment as second lieutenant. captain will be given 'constructive service full responsibility for payment of my tui- (1) Applicant must: credit to which entitled under this part, tion, fees, and other related training coots, (i) Be a graduate of a school of nurs- except that in no case will the applicant be I will not accept any monetary stipend paid credited with more than 6 years. to students receiving training in civilian In- ing that is accredited by the national stitutions. Further I will not accept, without professional agency recognized by the (2) Captain. Must have constructive charge, quarters or meals from the training National Commission on Accrediting and education and experience totaling 7 years institution or its affiliates, I understand that acceptable to the Surgeon General, in one of the following combinations: if I fail to meet the standards of proficiency USAF. (i) Six years' appropriate professional required and am eliminatcd from the courso (1i) Have successfully passed the State experience in addition to a baccalaureate of training, I will be assigned to an Air Vorco Board Test Pool Examination in Nursing medical facility to fulfill the obligation I degree in nursing or a field allied to nurs- incurred as a participant in this program. and possess current registration in at ing. (A minimum of least 2 years of the re- one State, the District of Columbia, quired 6 years' professional experience (Signature) (Date) the Commonwealth of Puerto Rico, or a, must have been spent in public health, territory of the United States. teaching, or an appropriate administra- Subpart G-Appointment of Offcers in thio (Ill) Be engaged in the ethical prac- tive position.) fMedical Service Corps tice of nursing. (ii) Five years' appropriate profes- § 881.70 Application, proces*Ing and (2) An applicant who has a baccalau- sional experience plus a master's degree selection. reate degree in nursing or an allied field- in nursing, a nursing specialty, or a field (a) In a dition to documents required may be granted 1 year of constructive allied to nursing. Two years of the re- by § 881.30(a), each applicant must sub- service. However, if a year of construc- quired 5 years' professional experience mit results of the AFOQT under § 881.32 must have been spent teaching or in an (b). tive service is awarded for the degree, the appropriate administrative position. same period of time may not be counted (b) Qualifying experience may Include (III) Six years' appropriate profes- both active military and full-time civil- again as constructive experience. sional experience and at least 1 year's ian experience that is directly related to

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 26901

the specialty for which application is (1) One official copy of transcript of § 881.CZ Occupational therapist (AFSC made. For appointment in grades higher grades from college or university, plus 9226). than second lieutenant, the experience one copy of certification in specialty, if (a) Appointment as second lfentenart. must have been gained after the qualify- applying for appointment as a dititic . Applicant must: ing degree was attained. occupational therapist, or phyzicaI (1) Posses- a bachelor's degree from § 88L71 Health service administrator therapist. an approved school, coIlege, or univer- (AFSC 9021). (2) One photostat of licenze to prac- sity and have completed an occupational tice if applying for appointment for duty therapy course acceptable to the Surgeon (a) Grade. Appointments for duty in in specialties requiring licens-ure, such this specialty may General, USAF; or be made in grades of as optometrists and pharmacist-. (2) Possess a bachelor's degree in oce- second lieutenant through lieutenant (b) Grades In which selected appU- cupational therapy from an approved colonel as determined under § 881r22. cants are to be appointed will be deter- - (b) Education. The .minimum educa- school, college, or university. mined according to the specflc scction (b) Appointment in higher grades. tional requirement for qualification in that deals with. the specialty and this specialty is Applicant must possess all the qualifica- a baccalaureate degree § 881.22. tions in paragraph (a) of this section in-business administration, management, (c) Qualifying experience may include and be further qualified by acceptable or a related or included field of admin- both active military and full-time ci- istration or management. profezional experience and training as A master's de- vilian experience that is directly related follows: gree in hospital administration or a re- to the specialty for which application Is (1) First lieutenant.At least Z years' lated field is desirable. made. For appointment in grades higher (c) professional experience in medical insti- Area of experience. Qualifying ex- than second lieutenant, the experience tutions following certification. Appli- perience must have been gained in ad- must have been gained after the quali- cants with more than 3 years' applicable ministrative or management positions, fying degree was attained. -including experience who do not meet the qualifl- planning, organizing, and di- (d) Biomedical specililst (podl atrlst cations for appointment in the grade of recting such activities as hospital admin- and optometry offcers who are not oth- captain will be given constructive service istration, medical resignation, personnel, erwlse eligible for a higher grade shall finance, evacuation credit to which entitled under this part, and debarkation of be appointed in the temporary grade of except that in no case will the applicant patients, recreation, welfare, and instal- first lieutenant effective on the date- of be credited with more than 6 year-- lation maintenance. entry on active duty. srvice. § 881.72 Other applicants. § 881.81 Diciltian (AFSC9216A). (2) Captain. At least 6 yeJr profes- slonal experience in medical Reserve appointment, reappointment, (a) Appointm cnt as eccond lleutcnant. institutions or promotion list transfer to the Medical following cerliflcatlon. 3 of which must Applicant must: have b.en n a, sup rvizory or adminis- Service Corps with AFSC indicated: (1) Possess a bachelor's degree from (a) Will be made for the following: trative Capacity. The maximum amount an approved school, college, or universty of constructive servIce (1) Students pursuing courses of study .and have completed a hospital dietetic that may ha as physicians, osteopaths, dentists, vet- internship with equal emphasi on hos- awarded upon appointment as captain erinarians, or optometrists who apply and pital food service administration and is 7 year . are selected for commissioning under. clinical dietetics, acceptable to the Sur- (3) Mafoi or lieutenant coloneL Ap- Part 906 of this chapter (AFSC 9021). geon General, USAF; or pointees must possess outtmading quali- (2) Students selected for participa- fIlcations for special pozitions determined (2) Have completed a coordinated by tion in the following programs with pri- degree/hospital dietetic internship pro- the Surgeon General USAF. as re- mary and duty AFSC indicated: gram, acceptable to the Surgeon Gen- quirements necresita-t- Ci) The Senior Medical Student Pro- eral, USAF, In 'hich the Intemhip Is § 881.3, Appointment ror truing. gram- (AFSC 0101). comparable to a hospital dietetic intern- Applints who are not 23 years of age (ii) The Senior Optometry School ship with equal gmphazla on hospital Program {AFSC 0102). may be appointed as second lieutenants food service administration and clinical and ordered to active duty to complete (iii) The Senior Dental Student Pro- dietetics. (AFSC training in one of the following courses: gram 0102). (3) Current registration in the Amer- (a) Dietetic tr'linng. (1) Applicant (iv) .Other health or health related loan Dietetic AssocLation Is desirable fields (AFSC 0102). for the USAF Hozpital Dietetic Intern- (b) Appointment in higher grade% ship must pozsess or be enrolled in the (3) Persons selected for advanced Applicants must qualify under para- final year of a course eading to a bac- training in medicine, dentistry, or vet- graph (a) of this section and be quai- calaureate deree from an accredited erinary medicine under Part 908 of this fied by acceptable professional experl- college or univrsity, with a course em- chapter. Award primary and duty AFSCs ence and training as follows: phas s- which meets the academic re- of 0103, 0104, and 0105, respectively. (1) First lieutenant. At least 2 years' quirements for entrance to a hospital! (4) Persons participating in the experience, exclusive of internship, one general dietetics internship approved by Armed Forces Health Professions Schol- of which has been as dietitian in a hos- the American Dietetic As-ociation. arship Program under APR 36-17 (Air pital of 100 or more beds. Applicant- with Through central screening procedures Force Health Professions Scholarship more than 3 years of applicable experi- employed by the American Dietetic Asso- Program) (AFSC 9021). ence who do not meet the qualifications clation, the application must include evi- (b) May be made under paragraph for appointment in grade of captain will dence that the transcript of credits has (a) (1) of this section only in the grade be given constructive service credit to been given this evaluation by the Ameri- of second lieutenant and under para- which entitled under this part, except can Dietetic Aszoclation. graph (a) (2), and (3) of this section in that in no case will applicant be credited (2) Applicant for USAF-sponzored with more than civilian hospital -grades not to exceed captain. Qualifica- 6 years of service. dietetic internship must (2) Captain. At least 6 years' experi- pezzeza or be enrolled in the final year of tion for a grade higher than second ence, exclusive of internship, including a coordinated degreelhopital dietetic lieutenant is based on prior commis- 3 years in administration of a dietetic ntern.ip prozranL acceptable to the sioned service. department of a hospital of 100 or more Surgcon GeneraL USF-. Subpart H-Appointment of Officers in the beds. The maximum amount of construc- (3) At the time of application, each Biomedical Science Corps tive service that may be awarded upon appointment to captain is 7 years. student must furnish the following §8.-1.80 AXpplication, processing, and (3) Major and lieutenant colonel. signed certlimction, which v.ll be filed in gelection. Appointees must pozse outstanding his Unit Personnel Record Group as a (&. In addition to documents. required qualifications for special positions deter- permanent document: by f881.30(a) each applicant must mined by the Surgeon General USAF, I urdser.tand that, if appolntcd. continua- submit: as requirements necessitate. ton in the appointment la contingent upon

FEDERAL REGISTER, ,VOL 38, NO. 187-THURSDAY, SEPramIE 27, 1973 No. 187-Pt. I--- 26902 RULES AND REGULATIONS my completing the requirement 5 for (a bac- § 881.85 Pharmacy officer (AFSC housing, hospital, and institutional calaureate degree and the US A nospital 9241). facilities; Insect and vermin control or Dietetic Internship) (a baccalaureate de- (a) Grade. Appblntments may be eradication; rural, camp , and recreation gree and an approved hospital dletetic inter- facilities; the control of atmos- ship) (an approved coordinaated degree/ made in grades of second lieutenant place hospital dietetic internship prcgram). Fail- through colonel as determined under pheric pollution and air quality, and of ure to complete requirements will result in § 881.22. light, noise, vibration, and toxic mate- the termination of my appobatment as a (b) Education. The minimum educa- rials, including application to work Reserve of the Air Force (Autthority: APR tional requirement is a baccalaureate de- spaces in industrial establishments; the 36-12). Upon being ordered to active duty, prevention of radiation exposure; pro- I agree to serve a minimum of 3 full years gree in pharmacy. (c) Area of experience. Qualifying fessional research aind development after completion of training uinless sooner work; and responsible teaching positions relieved by proper authority. experience must have been gained in pharmacy positions, including conduct-, in engineering subjects in educational (signature) (Date) Ing laboratory tests, manufacturing institutions of recognized standing. medications, and directing pharmacy § 881.88 Medical entomologist (AFSC (4) For the USAF-sponso red civilian personnel. A current license to practice 9131). hospital dietetic internship, t]he following pharmacy is mandatory except that signed certificate must be obrained from licensure may be waived for individuals (a) Grade. Appointments may be the civilian institution: made in grades of second lieutenant appointed within 1 year after date of through colonel as determined In (Name of dietetic Intern), wh, is an appli- graduationto fill an active duty require- § 881.22. cant for USAF sponsorship, hLas been ac- ment. (b) Education. The minimum educa- cepted in our internship progratn. We unuer- stand that, to meet Air Force needs, USAF § 881.86: Optometry- officer (AFSC itonal requirement for qualification in sponsorship of dietetic interns islimited to 9251). this specialty Is a master's degree In programs categorized as hospita1 dietetic In- (a) Grade. Appointment may be made entomology. ternships with equal emphasis on hospital in grades of second lieutenant through (c) Area of experience. Qualifying ex- clinical die- food service administration and under § 881.22. perience must have been gained in medi- tetics, or to coordinated degree/hospital colonel as determined cal entomology positions, including dietetic internship programs with this equal Students may be appointed before they emphasis. The program which will be given attain the qualifying degree in the same formulating policies and procedures, the intern cited above is of suuch category. way that dental students are under directing personnel engaged in medical § 881.65(a)-(3). entomological activities, and conduct- (Offcial's signature) -(ate " (b) Education. The minimum educa- ing field and laboratory studies on devel- tional requirement is a degree in optom- opment, testing, and application of Insect (b) Occupational therapr training etry from an accredited school of optom- control measures. Applicant must be enrolled in the final etry. § 881.89 Biomedical laboralory officer year of an approved courseI leading to a (c) Area ofexperience. Qualifying ex- (AFSC 9151). bachelor's degree in occupati mal therapy perience must have been gained in or possess a bachelor's degr .e and have optometry positions, including conduct- (a) Grade. Appointments may be completed all but the final year of an ing examinations of the eye to determine made in grades of second lieutenant in occupa- the presence of visual defects; prescrib- through colonel as determined under approved certificate course § 881.22. tional therapy. ing lenses and orthoptic therapy to cor- (c) Physical therapy traiiling. Appli- rect, conserve, or improve vision; and (b) Education. The minimum educa- cant must possess a bachellor's degree examining and testing lenses-for work- tional requirement for qualification In and have been accepted for in approved manship and conformance to prescrip- this specialty Is a baccalaureate degree certificate course in physical therapy or tions. Must possess a current license to in medical technology or one of the fol- be enrolled in the final yea r of an ap- practice optometry in a State or the Dis- lowing recognized field related to clinical proved course leading to o bachelor's trict of Columbia or certification of the laboratory work: chemistry, bacteriology, hematology, virology, toxicology, histol- degree in physical therapy. successful passing of all parts of the (d) Qualifying evidence. After -aP- examination of the National Board of ogy, parasitology, or pharmacology, pointment and folloing graduation, Examiners in, optometry except that (c) Area of experience. Experience each officer who has been appointed licensure may be waived for individuals must be that gained in clinical, labora- under paragraphs (b) and (c) of this appointed within 1 year after date tory positions, including analysis, devel- section must furnish eviden ce that the of graduation to fill an active duty opment, and application of procedures in applicable degree has been co nferred and requirement. chemistry, bacteriology, hematology, all other applicable requirements have virology, serology, and tissue pathology. been met. Officers so appoinLted who do § 881.87 Bioenviromnental engineer § 881.90 Aerospace physiologist (AFSC not successfully complete their educa- (AFSC 9121). 9161). tional requirements, or who faaill to receive (a) Grade. Appointments may be (a) Grade. Appointments may be the qualifying degree, will be discharged made in grades of second lieutenant made in grades of second lieutenant under AFR 36-12 (Administrrative Sepa- through major as determined under through colonel as determined under ration of Commissioned Cfficers and § 881.22. § 881.22. Warrant Officers of the Air Force). At (b) Education. The minimum educa- (b) Education. The minimum educa- the time of application, eaach student tional requirement is a baccalaureate tional requirement is a baccalaureate de- a degree in civil, chemical, sanitary, elec- gree in physiology, biophysics, biochem- must sign the following certificate trical, mechanical, or industrial hygiene 'ecords as a istry, or zoology. A master's degree with which will be filed in his r engineering. a major study in one of the referenced permanent document:-- (c) Area ofexperience. Qualfying ex- fields Is desirable. I understand that, if appolint ad, continua- perience must have been gained in a pro- (c) Area of experence. Qualifying ex- tion In the appointment is con tingent upon fessional capacity, including design, perience must h'ive been mined in avia- my completing the requiremen ts for certift- management, investigation, or construc- tion physiological or related positions. cation in (physical/occupation ial) therapy. tion of works or program for water sup- Experience in physiological research and Failure to meet certification requirements ply, treatment, and disposal of com- development of physiological aids for air- will result in the termination of *MY appoint- ment as a Reserve of the Air Fo rce (Author- munity wastes (that is, sanitary sewage, crew personnel is desrable. Ity: AFR 36-12). Upon being ordered to industrial wastes, and refuse including § 881.91 Health physicist (AFSC 9171). active duty, I agree to serve a minimum of salvage and reclamation of useful com- 3 full years after completion of training un- jonents of such wastes); the control of (a) Grade. Appointments may be less sooner relieved by proper authority. pollution of surface waterways and made in grades of second lieutenant waters,-ground and of surface and sub- through colonel as determined under (Signature) (Date) surface soils, milk, and food facilities, § 881.22.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 26903

(b) Education. The minimum educa- §881.94 Biomedical specialist (AFSC CHAPTER IX-AGRICULTURAL MARKET- tional requirement is a master's degree 9261). ING SERVICE (MARKETING AGREE- in health physics, nuclear physics, radio- (a) Grade. Appointments may be MENTS AND ORDERS; FRUITS, VEGE- biology, radiological physics, or TABLES, NUTS), DEPARTMENT OF made In grades of second lieutenant AGRICULTURE biophysics. through colonel as determined under (c Area of experience.Qualifying ex- § 881.22. alencia Oranze Regulation 4511 perience must have beein gained in con- (b) Education. For podiatrists (AFSC PART 903-VALENCIA ORANGES GROWN trolling~shipping, and disposing of radio- 9261A), the minimum educational re- IN ARIZONA AND DESIGNATED PART logical materials; conducting radiologi- quirement is a Doctor of Podiatry degree OF CALIFORNIA cal protection, surveys; monitoring the from a school or college of podiatry: For Limitation of Handling treatment and disposal of radioactivb all other subspecialties (AFSC 92G1B, wastes; calibrating instruments; in- Audiologist; AFSC 9261C, Speech Ther- This regulation fixes the quantity of structing in health physics, and super- apist; and AFSC 9261m, Special), the Cal fornia-Arizona Valencia oranges vising and directing health physics minimum, educational requirement Is a that may be shipped to fresh market programs. master's degree ift the appropriate spe- during the weekly regulation period cialty. All degrees must be from ac- Sept. 28-Oct. 4, 1973. It i- isued pur- g881.92 Clinical ps"chologist (AFSC suant to the Agricultural iMarketing 9181). credited institutions of higher learning acceptable to the Surgeon. General. Agreement Act of 1937, as amended, and (a) Grade.- Appointments may be USAF. arhketing Order No. 908. The quantity made in grades of second lieutenant (c) Area of experience. Qualifying ex- of Valencia oranges so fixed was arrived through colonel as determined under perience must have been gained In full- at after consideration of the total avail- § 881.22. time positions as a podiatrist, audiolo- able supply of Valencia oranges, the (b) Education.An applicant may equal- gist,_ speech pathologist, rehabilitation quantity of Valencia oranges currently ify in either of two ways: therapist (including providing care and available for market, the fresh market (1) A doctoral degree in psychology treatment for human ailments) or plan- demand for Valencia oranges, Valencia from an accredited university acceptable ning, directing, and conducting recearch orange prices, and the relationship of to the Surgeon General, USAF. and com- In the pertinent professional are of ceason averagereturns tothe parity price pletion of a clinical internship. for Valencia oranges. in practice. ieense to practice in the per- (2) Persons with master's degree tinent specialty, when appropriate, or § 908.751 Valencia Orange Regulailon clinicalpsychology who are doctoral can- registration or certification by the spe- 451. didates within 2 years of completing aca- national accreditation body Is man- demic requirements toward the doctoral, cial (a) Ffjding3. (1) Pursu=t to the degree may be offered' an appointment datory except that licensure. registra- marketing agreement, as amended, and tion, or certification may be waived for Order No. 908. as amended (7 CFR Part and.sponsorship under the Air Force In- appointed within 1 year after stitute of Technology (AFIT) program to individuals 903). regulating the handling of Valen- complete requirements for the doctoral date of graduation. cla oranges grown In Arizona and desig- degree. Each person appointed under this By order of the Secretary of the Air nated part of California, effective under program Will be required to sign the fol- Force. the applicable provisions of the Agricul- lowing statement: JOEN W. FAEMNEY, tural Marketing Agreement Act of 193T, I understand that. ifappointed, continu- Colonel, USAF, Chief, LcLla- as amended (7 US.C. 601-674), and ation in the appointment is contingent upon ire Division, Officc of The upon the basis of the recommendations my completing the requirements for a doc- Judge Advocate General. and information submitted by the Va- torate degree and/or I year internship. Fail- [FRDoc.T3-20V4 Filed 9-2-73;8:45 am] lencla Orange Administrative Commit- ure to complete these requirements may re- tee. establLshed under the said amended suit in the termination of my particlpatlon marketing agreement and order, and in the program and may risult in my being Title 7-riculture upon other available information, it is utllzed in another career field to meet the hereby found that the limitatfon of han- AFR 36- CHAPTER I-AGRICULTURAL MARKET- Air Force requirements. (Authority: dung of such Valenca oranges, as here- 12). Upon being ordered to active duty. I ING SERVICE (STANDARDS, INSPEC- will be required to serve 3 years following any TION, MARKETING PRACTICES), DE- inafter provided, will tend to effectuate Air Force-sponsored internship, or 2 months PARTMENT OF AGRICULTURE the declared policy of the act. for each month of academic training, which- PART 52-PROCESSED FRUITS AND (2) The need for this section to limit ever is greater. VEGETABLES, PROCESSED PRODUCTS the respective quantities of Valencia THEREOF, AND CERTAIN OTHER PROC- oranges that may be marketed from Dis- (Signature) (Date) ESSED FOOD PRODUCTS trlct 1, District 2, and District 3 during the ensuing week stems from the pro- (c) Area of experience. Qualifying ex- Inspection and Certification perience must have been gained in clini- duction and marketing situation con- cally-oriented psychological positions Corrcctimon fronting the Valencia orange industiy.. and academic practice; administering, In FR Doe. 73-19178 appearing at page (W The committee has submitted its scoring and interpreting psychological recommendation with respect to the 25165 in the Issue for Wednesday, Sep- quantities of Valencia oranges that procedures; counseling and guidance tember 12, 1973, make the following shoujd be marketed during the next suc- procedures; counseling and guidance; changes: rehabilitation; or psychological research. ceeding week. Such recommendafion, 1. In § 52.2. the reference to "Pack cer- designed to provide equity of marketing § 88L93 Social worker (AFSC 9191). tification" in the first line of the second opportunity to handlers In all districts. paragraph of column 2, should be en- from consideration of thefactors ,(a) Grade. Appointments may be closed in quotation marks. resulted made in grades of second lieutenant 2. In § 52.38, In Table f, the firsb lot enumerated in the order. The committee through colonel as determined under further reports that the fresh market size for Group 2 reading "1,201-4,802" for Valencia oranges continues § 881-22. should read "1,201-4.800". demand (b) Education. The minimum educa- to improve. Prices -o.b. averaged $3.72 3. The second paragraph in § 52.52. per carton on a sales volume of 579 car- tional requirement for qualification in currently undesignated, should be desig- this specialty is a master's degree from lots during the week ended September 2G, nated paragraph (b). 1973. compared with $3.52 per carton an approved school of social work. 4. In § 52.52(c) (1) the item reading (c) Area of experience. Qualifying ex- "Inspector(s) in charce-$9.65 per on sales of 510 carlots a week earlier. perience must be that gainec in profes- hour", should be deleted; and-"Inspectors Track and rolling supplies at 299 cars sional social work programs. alde-$5.31 per hour" put. In its place. were up 41 cars from last week.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 2T", 1973 26901 RULES AND REGULATIONS

(i) Having considered the recommen- CHAPTER XIV-COMMODITY CREDIT COR- 115,'117, 120, 121, 123-126, 184b, 134f); 37 dation and information submitted by the PORATION, DEPARTMENT OF AGRICUL- -FR 28464, 28477; 38 FR 19141.) committee, and other available infor- TURE Effective date. The foregoing amend- mation, the Secretary finds that the re- [CCC Grain Price Support Regulations, 1973 ment shall become effective September spective quantities of Valencia oranges Crop Corn Supplement] 21, 1973. which may be handled should be fixed The amendment relieves as PART 1421-GRAINS AND SIr'ILARLY restriotloirs hereinafter set forth. HANDLED COMMODITIES no longer deemed necessary to prevent (3) It is hereby further found that It the spread of cattle scabies, and should is impracticable and contrary to Subpart-1973 Crop Loan and Purchase be made effective promptly in order to be the public interest to give preliminary Program of maximum benefit to affected persons. notice, engage in public rule-making Correction It does not appear that public participa- procedure, and postpone the effective tion In this rulemaking proceeding would date of this regulation until 30 A correction to FR Doe. 73-18516 ap- pearing at page 23935 for the issue of make additional relevant information days after publication hereof in the available to the Department. FEDERAL REGISTER (5 U.S.C. 553) because Wednesday, September 5, 1973, was made at page 26182 for the issue of Accordingly, under the administrative the time intervening between the date procedure provisions in 5 U.S.C. 553, It when information upon which this regu- Wednesday, September 19, 1973. In the correction document in the sixth line of is found upon good cause that notice and lation Is based became available and the other public procedure with respect to time when this regulation must become paragraph 2, the entry for "Ellis" county Kansas reading "1.107" should read the amendment are Impracticable and effective in order to effectuate the de- "1.07." unnecessary, and good cause Is found for clared policy of the act is insufficient, and making the amendment effective less a reasonable time is permitted, under the Title 9-Animals and Animal Products than 30 days after publication in the circumstances, for preparation for such FEDERAL REGISTER. effective time; and good cause exists for CHAPTER I-ANIMAL AND PLANT HEALTH making the provisions hereof effective as INSPECTION SERVICE, DEPARTMENT Done at Washington, D.C., this 21st hereinafter set forth. The committee held OF AGRICULTURE day of September 1973. an open meeting during the current week, SUBCHAPTER C-INTERSTATE TRANSPORTA- F. J. MULHERU, after giving due notice thereof, to con- TION OF ANIMALS (INCLUDING POULTRY) Administrator,Animal and Plant sider supply and market conditions for AND ANIMAL PRODUCTS; EXTRAORDINARY EMERGENCY REGULATION OF INTRASTATE HealthInspection Scrvlcc, Valencia oranges and the need for regu- ACTIVITIES lation; Interested persons were afforded [FR Doc.73-20600 Filed 9-26-73;8:45 am] an opportunity to submit information PART 73-SCABIES IN CATTLE and views at this meeting; the recom- Area Released From Quarantine PART 82-EXOTIC NEWCASTLE DISEASE; mendation and supporting information This amendment releases Torrance AND PSITTACOSIS OR ORNITHOSIS IN for regulation during the period specified County in New Mexico from the areas POULTRY herein were promptly submitted to the quarantined because of cattle scabies. Areas Released From Quarantine Department after such meeting was held; Therefore, the restrictions pertaining to the provisions of this regulation, includ- the interstate movement of cattl from This amendments excludes portions of ing its effective time, are identical with quarantined areas contained in 9 CFR San Diego and Riverside Counties In the aforesaid recommendation of the Part 73, as amended, do not apply to the California from the areas quarantined committee, and information concerning excluded area, but will continue to apply because of exotic Newcastle disease, such provisions and effective time has to the quarantined areas described in 'Therefore, the restrictions pertaining to been disseminated among handlers of § 73.1a. Further, the restrictions per- the interstate movement of poultry, such Valencia oranges; it is necessary, in taining to the interstate movement of mynah and psiltacine birds, and birds of order to effectuate the declared policy of cattle from nonquarantined areas con- all other species under any form of con- the act, to make this section effective tained in said Part 73 apply to the ex- finement, and their carcasses and parts during the period herein specified; and cluded area. thereof, and certain other articles from compliance with this section will not re- Pursuant to provisions of the Act of quarantined areas, as contained In 9 quire any special preparation on the part May 29, 1884, as amended, the Act of CFR Part 82, as amended, will not apply of persons subject hereto which cannot February 2, 1903, as amended, the Act to the excluded areas. be completed- on or before the effective of March 3, 1905, as amended, and the Pursuant to the provisions of sections date hereof. Such committee meeting was Act of July 2, 1962 (21 U.S.C. 111-113, 1, 2, 3, and 4 of the Act of March 3, 1905, held on September 25, 1973- 115, 117, 120, 121, 123-126, 134b, 134f), as amended, sections 1 and 2 of the Act (b) Order. (1) The respective quanti- Part 73, Title 9, Code of Federal Regula- of February 2, 1903, as amended, sections ties of Valencia oranges grown in Ari- tions, restricting the interstate move- 4, 5, 6, and 7 of the Act of May 29, 1884, zona and designated part of California ment of cattle because of scabies, is as amenided, and sections 3 and 11 of the which may be handled during the period hereby amended as follows: Act of July 2, 1962 (21 U.S.C. 111, 112, September 28, 1973, through October 4, In § 73.1a paragraph (c) relating to 113, 115, 117, 120, 123, 124, 125, 120, 134b, 1973, are hereby fixed as follows: the State of New Mexico Is amended to 134f), Part 82, Title 9, Code of Federal (i) District 1: Unlimited; read: Regulations, is hereby amended in the (i) District 2: 700,000 cartons; following respects: (Iid § 73.1a Notice of quarantine. District 3: Unlimited. e * c * * In § 82.3, in paragraph (a) (1) relating (2) As used in this section, "handled", to the State of California, subdivisions "District 1", "District 2", "District 3", and (c) Notice is hereby given that cattle (ix) relating to San Diego County and (x) relating to Riverside County "carton" have the same meaning in certain portions of the State of New are as when Mexico are affected with scabies, a con- deleted. used in said amended marketing -agree- tagious, infectious, and communicable (Sees. 4-7, 23 Stat. 32, as amended, ment and order. sees, 1 disease; and therefore, the following and 2, 32 Stat. 791-192, as amended; secs. 1-4, (Sees. 1-19, 48 Stat. 31, as amended (7 U.S.C. areas in such State 33 Stat. 1264, 1265, as amonded; ecs. 3 and 601-674).) are hereby quaran- 11, 76 Stat. 130, 132 (21 U.S.C. 111-113, 116, tined because of said disease: 117, 120, 123-126, 134b, 134f), 37 FR 28464, Dated September 25, 1973. New Mexico 28477; 38 FR 19141) CHARLES R. BRADER, (1) Curry County. Effective date. The foregoing amend- Acting Deputy Director, Fruit (2) Roosevelt County. ment shall become effective Septem- and Vegetable Division, Agri- (Sees. 4-7, 23 Stat. 32, as amended; secs. 1 ber 21, 1973. cultural Marketing and 2, 32 Stat. 791-792, as amended; sees. Service, 1-4, 33 Stat. 1264, 1265, as amended; secs. 3 The amendment relieves certain re- [FR Doc.73-20771 Filed 9-26-73;11:23 am] and 11, 76 Stat. 130, 132 (21 U.S.C. 111-113, strictions presently imposed but no

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 26905 longer deemed necessary to prevent the The requirement of section 553(b) of tied out by the worldng group, was pub- spread of exotic Newcastle disease, and Title 5. United States Code, with respect lished in the FEDmEzn RGisTzr (38 FR must be made effective immediately to to public participation was not followed 17251) with the revised airspace con- be of maximum benefit to affected per- in connection with this amendment since figuration that proposed to alter the Cii- sons. It does not appear that public par- it relieves a restriction. cago, Illinois, TCA by redefining certain - ticipation in this rulemaking proceeding TCA boundaries by use of VORTAC This amendment shall become effec- radials and DME arcs; extending the would make additional relevant infor- tive October 29, 1973. mation available to the Department. TCA from a 20-mile to a 25-mile radius Accordingly, under the administrative By order of the Board of Governors, of the Chicago-O'Hare VORTAC in an procedure provisions in 5 U.S.C. 553, it September 14, 1973. area extending from the north-northeast is found upon good cause that notice and to the south-southeast, and two "SPUR" [SEAL] CUET=ER B. FELDDEG, extensions, one southwest and the other other public procedure with respect to Secretary ol the Board. the amendment are impracticable and northwest of Chicago-O'Hare; adjust ig unnecessary, and good cause is found for [FR Doc.73-20530 Filed 9-2G-73;8:45 am] the boundaries between Areas C and D making it effective less than 30 days north of Chicago-O'Hare; and lowering after publication in the FEDERAL Title 14-Aeronautics and Space the TCA floor over the MeIgs Airport REGISTER. I--FEDERAL AVIATION ADMIN- to 3,000 feet. Done CHAPTER Interested persons were afforded an at Washington, D.C., this 21st ISTRATION, DEPARTMENT OF TRANS- PORTATION opportunity to participate in the rule- day of September 1973. making through the submission of com- [Docket No. '73-CE-12-AD; Amdt. 39--1703 - F. J. MULHERN, ments. Forty comments were received in Administrator,Animal and PART 39-AIRWORTHINESS DIRECTIVES response to the Supplemental NPRM. Plant Health Inspection Service. Favorable comments were received from Beech Model 18 Series Airplanes; the U.S. Navy and the Air Transport As- [FR Doc.73-20601 Filed 0-26-73;8:45 am] Correction sociation. A total of thirty eight objec- In FR Doc. 73-18793, appearing on tions were received, thirty of which were Title 12-Banks and Banking Pages 24347, 24348, and 24349, in the from members of Sky Soaring, Inc., a CHAPTER Il-FEDERAL RESERVE issue of Friday, September 7, 1973, P/N glider club that operates out of AAVANG SYSTEM 414-181200 and (Branson Model 103) airport, which Is located three miles east in paragraph A(2) on page SUBiCHAPTER A-BOARD OF GOVERNORS OF specified of Huntley, Illinois. On September 2, THE FEDERAL RESERVE SYSTEM 24347 are Incorrect and should be deleted 1973, the FAA held a metting with rep- [Reg. G] and P/N 404-181000 and (Branson Model rezentatives of Sky Soaring, Inc., to re- 104) substituted therefor. solve the club's objections to the addition CREDIT BY PER- PART 207-SECURITIES Issued in Kansas City, Mo., on Sep- of the northwest "SPUR" extension be- SONS OTHER THAN BANKS, BROKERS, tween 20-25 miles from the Chicago- OR DEALERS tember 18, 1973. A. L. CouLTEn, O'Hare VORTAC. A compromise solution "Single Credit Rule" in Stock Option and Dircctor,Central Region. was reached, and the dimensions agreed Stock Purchase Plans in this [FR Doc.73-20591 riled 9-20-73;8:45 am] upon at that meeting are reflected Pursuant to section 7 of the Securities document. Exchange Act of 1934 (15 U.S.C. 78g), Statements were made that noise, air the Board is issuing the following amend- [Airspace Docket No. 72-WA-311 pollution, and wake turbulence would re- sult from jet aircraft using the north- ment to Part- 207 by revising § 207.4(a) PART 71-DESIGNATION OF FEDERAL f2) U). The change deletes the "single AIRWAYS, AREA LOW ROUTES, CON- west "SPUR" area. This "SPUR' and credit rule" in § 207.4(a) (2) () and sub- TROLLED AIRSPACE, AND REPORTING the other Area C and D additions, are sttutes the provision that each exten- POINTS necessary because present arrival pat- sion of credit pursuant to that section terns cannot be contained within the Alteration of Control Zone and Terminal present TCA during heavy traffic peri- may be trbated separately. This clarifies Control Area at Chicago, Illinois that withdrawal of collateral may be ods. This action will contain the existing made after proper repayments have been On January 5, 1973, a notice of pro- traffic flows, not introduce new ones. made for at least three years and the posed rulemaking (NPRM) was pub- Therefore, there will be no significant deficiency as defined in § 207.4(a) (2) (i) lished in the FEDERAL REGISrER (38 FR changes in the existing environment. - has been repaid with respect to each ex- 890) stating that the Federal Aviation Objections were made to the altitudes tension of credit. The revised § 207.4(a) Administration (FAA) was considering being used in the Crystal Iake area for (2) (i) is set forth below. an amendment to Part 71 of the Federal Chicago-O'Hare Runway 14 arrivals, es- Aviation Regulations that would alter peclally as they rqlate to the FAA's § 207.4 Miscellaneous provisions. the Chicago, Illinois, terminal control "KEEP-EM-HIGH" policy, and also to (a -Stock option and employee stock area (TCA) by expanding the area from aircraft being vectored outside and be- purchase plans. 20 to 25 miles; eliminating Area D in low the outermost boundaries. The ATO the vicinity of Melgs Airport; reducing procedures required for conducting si- 2) * * the size of Area D in the vicinity of multaneous parallel UZ approaches re- (2) Northbrook VORTAC; and redefining quire the use of the floor altitudes as pro- (i) Each such credit extended to any certain TCA boundaries by the use of posed in the notice. This expansion of officer or employee pursuant to this sub- VORTAC radials and DINE arcs. Subse- the existing TCA will contain these vec- paragraph (2) in connection with the quent to the publication of the proposal, tor patterns and altitudes, thus reducing exercise of rights under one or more problems in distribution of the notice the possibility of arrivals having to exist; plans or with the periodic exercise of. arose. Therefore, on February 2, 1973, the the TCA. This was the primary objective rights under a single plan, when such public comment period was extended to of this rulemaking action. - credits shall be outstanding at the same February 26, 1973. in order to Insure am- Seven comments suggested raising the time, may be treated separately from ple opportunity for all interested persons existing floor of the TCA airspace from any other credit extended pursuant to to paztcipate in the rulemaking. 1,900 feet to 2,500 feet MSL in the vicin- this subparagraph (2) and shall be Because of comments received in re- ity of Schaumburg Airport. The exist- treated separately from anyother credit sponse to this notice, an alternate pro- ing airspace has been in effect since 1970 extended pursuant to §§ 207.1 (c), (d) posal was formulated, by an appointed and experience gained during this period and (g) of this part: Provided, That the indicates that this airspace is necessary collateral with respect to each individual working group made up of FAA and user representatives, that differed from the to accommodate departure and arrival extended pursuant to such plan or credit airspace configuration specified In the operations at the Chicago-O'Hare air- plans shall be identified with, and shall original NPRAIL port. . have loan value only with respect to, On June 29, 1973, a Supplemental Subsequent to the issulng of these no- such individual credit. NPRM. which reflected the planning car- tces, the Chicago O'Hare International

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26906 RULES AND REGULATIONS

Airport geographical position, from on the southwest byia 25-mile radius arc of [Airspace Docket No. 73-RM-211 which a portion of the pontrol zone is Chicago-O'Hare VORTAC, on the southeast by a line 7 miles southeast of and parallel to PART 71-DESIGNATION OF FEDERAL centered, has been recomputed. Accord- AIRWAYS, ingly, the extended centerline of Runway 4R, on AREA LOW ROUTES, CON- action is taken herein to amend the TROLLED AIRSPACE, AND REPORTING control the northeast by a 20-milb radius arc of zone to reflect the revised geo- Chicago-O'Hare VORTAC and that portion POINTS graphical position coordinates. of a 1.5-mile radius arc ,of Glow Airport In consideratibn of the foregoing, Part which IT north of a 20-mile radius arc of PART 73-SPECIAL USE AIRSPACE 71 of the Federal Aviation Regulations Chicago-O'Hare VORTAC. Designation of Restricted Area and is amended, effective 0901 G~m.t., No-' (5) Area E. That airspace northeast of Chi- Alteration of Continental Control Area vember 8, 1973, as hereinafter cage extending upward from 2,500 feet AL seo forth. On July 27, 1973, a notice 1. In § to and including 7,000 feet MISL bounded on of proposed 71-171 (38 FR 351), the Chicago, rulemaking (NPRM) Ill., (O'Hare International Airport) con- the northeast by a 10.5-mlle radius ara q was published in Chicago-O'Hare VORTAC, on the south by the FEDERAL REGISTER (38 FR20097) stat- trol zone is amended by deleting the co- the extended centerline of Runway 9/27 at ordinates "latitude ing that the Federal Aviation Adminis- 41°59'10" N., longi- NAS Glenview and on the northwest by a tration (FAA) was considering amend- tude 87°54"30" W." and substituting line 2 miles northwest of and parallel to the ments to Parts 7-1and 73 of the Federal therefor the coordinates extended centerline of Runway 22R at Chi- "latitude Aviation Regulations that 41°58'57" N., longitude ' cago-O 'Hare International Airport. would desig- 87°54'25 ! W." nate a joint-use restricted area, RI6.0413, 2. In §71.401(a) (38 FR 622), the (See, 307(a) Federal Aviation Act of 1958 (49 at Green River, Utah, and include it in Chicago, l1., terminal control area' is U.S.C. 1348(a)); sec. 6(c) Department of the continental control area. Transportation Act (49 U.S.C. amended as follows: 1655 (c).) ) The NPRM stated that Issued in Washington, the missilo Im- CHICAGO, ILL., TknxniAL CON=ROL AREA D.C., on Sep- pacts at the White Sands Missile Range tember 20, 1973. (WSMR), N. Mex., would occtir In Re- As PRUIMARY AIRPORT H. B. HErSTROM, stricted Areas R-5107B and R-5103. Chlego-O'Hare International Airport (Lat. These impact areas -Chief,Airspace and Air have subsequently 41-58'57" N., Long. 87o54'25" W.) been changed and they are included Traffic Rules Division. In Chicago-O'Hare VORTAC (Lat. 41-59'16" N, the existing restricted areas at WSMR, Long. 87o54'17" W.) [FR Doc.73-20594 Filed 9-26-73;8:45 am] Interested persons were afforded an b. Boundaries--(I) Area A. That airspace opportunity to participate In the pro- extending upward from the surface to and [Airspace Docket No. 73-SW-191 posed rulemaking through the submis- including 7,000 feet MSL within the Chi- sion of comments. No objections to the cago, Ill. (O'Hare International Airport), con- PART 71-DESIGNATION OF FEDERAL NPRM were received. trol zone and including that airspace within AIRWAYS, AREA LOW ROUTES, CON- Since a situation exists wherein mill- 2 statute miles northwest of the centerline TROLLED AIRSPACE, AND REPORTING tary operations extended of Runway 4L, and require Immediate adop- 2 statute miles POINTS tion of these amendments, Iq southeast of the centerline extended of Run- it found way 4R, extending from the 5-statute mile Alteration of VOR Federal Airways; that good cause exists for making thee radius control zone to 2 statute miles south- Correction amendments effective In less than 30 days West of the Pine Outer Marker. On-July 10, 1973, FR Doc. 73-13875 was notice. (2) Area B. That airspace extending up- -published in the FEDERAL REGIsTER (38 ward from 1,900 feet BISL to and Including In consideration of the foregoing, Parts 7,000 feet AISL within a 10.5-mile radius of PR 18363) which amends Part 71 of the 71 and 73 of the Federal Aviation Regula- Chicago OHare VORTAC, excluding Area A Federal Aviation Regulations, effective tions are amended, effective Septem- previously described and that area bounded 0901 Gan.t., November 8, 1973, by re- on the southeast by a line 2 miles northwest aligning severaI VOR. Federal Airways in ber 27, 1973, as hereinafter set forth, and parallel to the centerline extended of the vicinity of Monroe, La., simultane- In § 73.64 (38 FR 670), the Green Runway 2211, on the south and southwest by ously with the relocation of the Mon- River, Utah, Restricted Area, R-6413 i the southwest boundary of Glenview, Ill., roe VORTAC. However, the date for com- control zone, -on the north by a 10.5-mile added: missioning the radius arc of the Chicago-OHare VORTAC, relocated facility has been R-6413, Gnx Rivrn, UTAII and excluding Area E delayed and action is taken herein to described hereinafter. Boundaries. (3) Area C. That airspace extending up- amend the effective date for thd re- Beginning at ward from 3,000 feet MSL to and including alignment of the airways utilizing the Lat. 38-57'00", Long, 7,000 feet ISL within 110°09'40"W.; thdnce to Lat. 38°40'03"N., a 25-mile radius of VORTAC. Long. 110°06'00"V.; to Itt. 3831'30"U., Chlfcago-O'Hare VORTAC excluding Areas A Since amending the effective date for Long. and B, previously described, Areas E 109°57'00"V.; to Lat. 38-31'30"N., D and the realignment of these airways is a Long. described hereinafter, and excluding those 109°5100"W.; to Lat. 38-331171"1 , minor editorial change Long. 109°46,00"W.; areas between the 20 and 25-mile radii of on which the pub- to Lat. 38*49'15"N., Chicago-O'Hare VORTAC from a line 7 miles lie would have no particular reason to Long. 109057'02"W.; to Lat. 38°58'0"N, Long. thence southwest of and parallel to comment, notice and public procedure 110'05'33"W.; to point of the extended beginning. centerline of Runway 32L, clockwise to thereon are unnecessary. a Designated line 7 milessoutheast of and parallel to the altitudes. Surface to unlimited, In consideration of the foregoing, ef- Time of extended centerline of Runway 4U and from designation. As publlshcd by fective 30 days after publication, FED- l a line 7 miles northwest of and parallel NOTAM ued 48 hours in advanco of area to the ERAL REGISTER document 73-13875 (38 activation. extended centerline of Runway 4L, clockwise FR to a line beginning at a-point '7 miles south- 18363) is amended, as hereinafter set Controlling agency. Federal Aviation Ad- ministration, Denver ARTC west of-the Runway 14R extended centerline forth. Center. on the Using agencj: Air Force Special Weapona 20-mile radius arc of the Chicago- "Effective 0901 Gxnt., November 8, O'Hare VORTAC, extending to a point 6 miles Center, Air Force SytemU Command, Hirt- land southwest of the Runway 141 extended cen- 1973," is deleted and "effective 0901 AT, New Mexico. terline on the 25-mile radius of the Chi- Gn.t., February 28, 1974," is substituted In § 71.151 (38 FR 341), R-6413, Green cago-O'Hare VORTAC. - therefor. 4. Area D. That airspace extending up- River, Utah, is added. ward from 4.000 feet MSL to and-including (See. 307(a) Federal Aviation Act of 1958 (49 (See. 307(a) Federal Aviation Act of 1958, 7,000 feet AMSL north of Chicago bounded on U.S.C. 1348(a)); sec. 6(c) Department of 49 U.S.C. 1348(a); ° see. 6(c), Department of the weit by the Chicago-O'Hare VORTAC 321 Transportation Act (49 U.S.C.-1655(c)).) Transportation Act, 49 U.S.C. 1655(c).) radial, on the south by the Northbrook VORTAC 269- and 094' radials, on the east Issued in Washington, D.C., on Sep- Issued in Washington, D.C., on Sep- by the Chicago-OHare VORTAC 018' radial tember 19, 1973. tember 19, 1973. and on the north by a 25-mile radius arc of CHARLES the Chicago-O'Hare VORTAC and an area H. NEWPOL, H. B. H3LSTROT., southwest of Chicago bounded on the north- Acting Chief, Airspace and Chief, Airspace and Air Tiest by a line 2 miles southeast of and paral- Air Traffic Rules Division. Traffie Rules Divis n. lel to the extended centerline of Runway 4L, IFR Doc.73-20592 Filed 9-26-73;8:45 aml [FR Doc.73-20593 Filed 9-26-73,8:45 am)

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 26907

[Airspace Docket No. 73-SW-29A] 185' radial and the United State/Mexi- Anchorage, A -- 'errll. Field, LFR-A. can border." is substituted therefor. Amdt. 17, canceled. PART 75--ESTABLISHMENT OF JET Farewell, Ai.-Farewel Airport, LFR-A. ROUTES AND AREA HIGH ROUTES (Sec. 307(a) Federal Aviation Act of 1038, Amdt. 17, canc:le: 49 U.S.C. 1348(a); s-c. 6(c), Department of S!reentna. Ala.--Skwentna Airport, =ER-I, Alteration of Jet Routes Transportation Act, 49 U.S.C. 1655(c)) Original. canceled. The purpose of this amendment to Part Issued In Washington, D.C., on Sep- 97.23 is amended by origi- 75 of the Federal Aviation Regulations 2. Section tember 20, 1973. the fol- is to realign Jet Route No. 29 south nating, amending, or canceling of SIAP's, effec- Brownsville, Tex., realign Jet Route CHARLES H. NEwPOL, lowing VOR-VOR/DME No. 22 west of Laredo, Tex., and to Chief, Airspace and Air tive November 8, 1973. change the numbered identifier of the TraiZc Rules Divson. Belliugham. Wazh.-BellnZha Interna- jet route south of Tucson, Ariz., from J- [FR Doo.73-20595 Fled 9-20-73;8:45 am] tional Airport, VORDME A, AndIt. 2, 11 to J-92. canceled. At the request of the Mexican Govern- Belltngham. as. -Belngham Interna- ment, minor changes are made herein to [Docket No. 13210; Amdt. No. 883] tional Airport, VOR 1 Runay 16. Amdt. 3. PART 97-STANDARD INSTRUMENT BellUingham. Waah.-Bellfngham Interna- three jet routes which, effective Octo- tional Airport. VOR 2 Runway 16. Amdt. 3. ber 11, 1973, will extend from naviga- APPROACH PROCEDURES Bloomington. Indi-onroe County Airport, tional aids in the United States to the VOlt Runway 6, Amdt. 9. United States/Mexican border. Effective Miscellaneous Amendments Bloomington. Ind.--'Xonroe County Airport, October 11,_1973, J-11 will extend from This -amendment to Part 97 of the Fed- VOn Runway 17, Amdt. 4. Tucson, Ariz., via the Tucson 1850 radial eral Aviation Regulations incorporates by Bloomington. Ind.-Monrce County Airport, to the United States/Mexican border. reference therein changes and additions VOn Runway 24. Amdt. 2. Bloomington. Ind.-Monrce County Airport, The numbered identifier of this route is to the Standard Instrument Approach VOR Runway 35, Amdt. 4. changed herein from J-11 to J-92. Ef- Procedures (SIAP's) that were recently Burley. Ida.-Burley Municipal Airport, VOR- fective October 11, 1973, J-22 will ex- adopted by the Administrator to pro- A. Amdt. 1. tend from Laredo, Tex., to the United mote safety at the airports concerned. Burley. Ida.-Burley M.unlcipal Airport, VOR/ States/Mexican border via the direct The complete SIAP's for the changes DME A. Original. canceled. routing between Laredo, Tex., and Mon- and additions covered by this amend- Burley. Ida.-Burley Munlclpal Airport, VOR/ terrey, Mexico. The alignment of J-22 ment are described in FAA Forms 3139, DIM B, Original. is changed herein to extend from Laredo, Hrtford. Wlb.-Hartford Municipal Airport, 8260-3, 8260-4, or 8260-5 and made a VOR-A. OriginaL Tex., to the United States/Mexican bor- part of the public rule making dockets International Falls, Ml=-Fall Interna- der via the direct routing between La- of the FAA in accordance with the pro- tional Airport, VO. nway 13, Andt. 8. redo, Tex., and Nuevo Laredo, Mexico. cedures set forth in Amendment No. 97- International FalLa, Ml1nn-Faln3 Interna- Effective October 11, 1973, J-29 will be 696 (35 FR 5609). tional Airport, VOR Runway 31, Amdt. 9. aligned from Brownsville, Tex., to the SIAP's are available for examination Jactconvilo. Fla.-Craig Municipal Arport United States/Mexican border 'via the at the Rules Docket and at the National VOR-A. Amdt. 6. direct routing between Brownsville and Flight Data Center, Federal Aviation Ad- Jacikonville, Fla.-Craig Municipal Airport, Tampico, Mexico. This portion of J-29 ministration, VOn Runway 31, Amdt. 1. 800 Independence Avenue City. Mo.-munas City Internaional is changed herein to extend from SW, Washington, D.C. 20591. Hanza ° Copies of Airport. VOlt Runway 9, Amdt 4. Brownsville via the 187 radial to the SIAP's adopted in a particular region E=nsa City. Mo -- ani=s City International United States/Mexican border. are also available for examination at the Airport. VOR Runway 27, Amdt. 3. Since this amendment is minor in na- headquarters of that region. Individual Xan-ls City, Mor-Munlclpal Airport, von. ture and in response to a request from copies of SAP's may be purchased from Runway 18, Amdt. 11. the Government of Mexico, notice and the FAA Public Document Inspection Port I.-bel, Te.-Port Isabel-Cameron public procedure thereon are unneces- Facility, HQ-405, 800 Independence County Airport, VORTAC-A. Original. sary. However, in order to allow suffi- Avenue SW., Washington D.C. 20591 or Rio Vista, Ca -Ro VLsta Municipal Airport, VOR-1, Amdt. 1, canceled. cient time for these changes to be from the applicable FAA regional office Rio Vista, Cal-Ro Vista Municipal Airport, depicted on appropriate aeronautical- in accordance with the fee schedule pre- VOR-A, Original. charts, this amendment will become scribed in 49 CFR 7.85. This fee is pay- St. Petmrburg-oiearwater, Fla.-St. Peters- effective more than 30 days after publi- able in advance and may be paid by burg-Clearwater International Airport, cation in the FEDERAL REGISTER. check, draft or postal money order pay- VOR Runway 17, Amdt. 5. in consideration of the foregoing, able to the Treasurer of the United Talladega, Ala.-Talladega Municipal Airport, Part 75 of the Federal Aviation Regu- States. A weekly transmittal of all SIAP VOR-A, Andt. 5. lations is amended, effective 0901 changes and additions Talladega, Ala.-Taliadega kunicipal Airport, may be obtained VOR!DNRE Runway _G.m.t., November 8, 1973, as hereinafter by subscription at an annual rate of 3, Amdt. 3. set forth. $150.00 per annum from the Superin- " * ' effective October 4, 1973: Section 75.100 (38 FR 681, 24107, tendent of Documents, U.S. Governmeqt Ewe. Hawal--TAS Barbers Point, VOR-, 19962) is amended as follows: - Printing Office, Washington, D.C. 20402. Original, canceled. a. In J-11 'From the INT of the Additional copies mailed to the same Marohalltown. Iowva-2arhaltown Munlcl- United States/Mexican border and the address may be ordered for $30.00 each. pal Airport. VOn/DIM-A, Original, can- Tucson, Ariz., 185* radial via Tucson;" is Since a situation exists that requires celed. deleted and "From Tucson, immediate adoption Marahailtown,. lowa--IMarsatown munict- Ariz., via" is of this amendment, pal Airport, VOn Runway 30, Original. substituted therefor. , I find that further notice and public b. In J-22 "From Monterrey, Mexico," procedure herejn is Impracticable and * ' * effective September 27,1973: is deleted and "From Nuevo Laredo, good cause exists for making It effective MCAllen. Tex.-Mller International Airport. Mexico," is substituted therefor. in less than 30 days. VOR-A, Amdt. 8. c. In J-29 "From Tampico, Mexico, via In consideration of the foregoing, Part * '° effective September 14,1973: Brownsville, Tex.;" is deleted and "From 97 of the Federal Aviation Regulations is Livermore. CaL-Livermore Municipal Air- the INT of the United States/Mexican Border and the Brownsville, Tex., 187' amended as follows, effective on the port. VORnD!im-A, Amdt. 1. dates specified: radial via Brownsville;" is substituted 3. Section 97.25 is amended by origi- 1. Section 97.21 is amended by origi- therefor. nating, amending, or canceling the fol-- d. In J-92 "INT of Casa Grande 1450 nating, amending, or canceling the lowing SDF-LOC-LDA SiAPs, effeative and Tucson 298' radials to Tucson, following L/I SIAP's, effective Novem- November 8, 1973: Ariz." is deleted and 'TNT of Casa ber 8, 1973. Grande 145' and Tucson, Ariz., 298' ra- International Falls, Zilnn.-Fai Interna- Anchorage. Ala=.-Anchorage International tional Airport, LOC/DME (BC) Runway 13. dials; Tucson; to the INT of the Tucson Airport, LFR-A, Amdt. 12, canceled. Amdt. 1.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26908 RULES AND REGULATIONS

Kancas City, Mo.-ansaa City international Oshkosh, Wis.-Wittman. Fteld, ILS Runway the air transportation industry, from cov- Airport, LOC (BC) Runway 19, Amdt. 2, - 36, Original. erage, the special provisions of Part 229 Canceled. * * effective September 18, 1973: of our Economic Regulations tire no Kansas City, Mo.-Kansas City International longer necessary. The general provisions ILS Airport. LOC (BC) Runway 27, Amdt. 3. Atlanta, Ga--Fulton County Airport, set forth In our § 221.165 will continue to Runway BR, Amdt. 2. * * * effective October 4,1973: be applicable to such rate changes. In the to- Field, LOC/DME 6. Section 9731 is amended by orig- Board's judgment, these provisions, Oshkosh, Wis-Wittman canceling the fol- XBC) Runway 18, Original. inating, amending, or gether with the ratemaking criteria es- Somerset, Pa.-Somerset County Airport, LOC lowing RADAR SIAPs, effective Octo- tablished in such cases as the Domestic Runway 24, Amdt. 1. ber 4, 1973: Passenger-Fare Investigation, Docket * * effective September 13, 1973: Guam, Mariana Is.-Andersen APB, RADAR- 21866, will ensure that the objectives of 1, Amdt. 5,Canceled.' the price stabilization program are being St. Paul, Minn.-St. Paul Downtown Holman met in the air transportation industry. Field, LOC Runway 30, Arndt. 3. 7. Section 97.33 is amended by origi- Since repeal of Part 229 reflects the nating, amending, or canceling the fol- 4. Section 97.27 is amended by origi- - exemption of the air transportation In- lowing RNAV SLAPs, effective November dustry from the Economic Stabilization nating, amending, or canceling the fol- 8, 1973: lowing NDB/ADF SLIAPs, effective No- Program, which had necessitated the vember 9, 1973: Burley, Ida.-Burley' Municipal -Airpbrt, adoption and continuance of the special RNAV, Runway 20, Original. provisions set forth in the part, and slch Anchorage, Ala--Anchorage International Cleveland, Ohio-Cleveland-Hopkins Inter- repeal imposes no burden on any one, the NDB-A, Original. 10L, Airport, national Airport, RNAV Runway Board finds that notice and public pro- Anchorage, Alas.-Merrill Field, NDB-B, Orig- Arndt. 3. inal. Cleveland, Ohio-Cleveland-Hopinas Inter- cedure hereon are not necessary and the Farewell, Alas-Farewell Airport, NDB Run- national Airport, RNAV Runway 1811, within repeal may be made effective way 8. Original. Arndt. 3. Immediately. International Falls, Minn.-Falls Interna- Cleveland, Ohlo--Cleveland-Hopkins Inter- Accordingly, the Civil Aeronautics tional Airport, NDB Runway 31, Arndt. 2. national Airport, RNAV Runway 36L, Board hereby repeals Part 229 of the Eco- Juneau, Wis.-Dodge County Airport, IDB Arndt. 3. nomic Regulations (14 CFR Part 229), Runway 2, Amdt. 4. East Stroudsburg, Pa.-Stroudsburg-Pocono effective September 21, 1973. Juneau, Wis.-Dodga County Airport, NDB Airpark. RNAV Runway 26. Arndt. 1. Runway 20, Arndt. 2. Jacksonville, FIa.-Cralg Municipal Airport, (Sec. 204 of the Federal Aviation Act of 1958, Kansas City, Mo.-Kansas City International RNAV Runway 31, Amdt. 2. as amended 72 Stat. 743; (49 U.S.C. 1324).) Airport, NDB Runway 1, Amdt. 9. Kansas City, Mo.-Kansas City International Kansas City. Mo-ansas City International Airport, RNAV Runway I, Arndt. 1. By the Civil Aeronautics Board. Airport, NDB Runway 9, Arndt. 3. Pekin, 11.-Pekin Municipal Airport, RNAV [SEAL] EDWIN Z. HOLLAVID, Latrobe, Pa.-Latrobe Airport, NDB Runway. Runway 9, Original.' Secretary. 23, Armdt. 5. Springfield, Mo.-Springfleld Municipal Air, Sebring, Fla.--Sebring Air Terminal, NDB port, RNAV Runway 13, Amdt. 1. [FR Doc.73-20651 Piled 0-26-73;8:46 a] Runway 36, Original. NDB (Sees. 307, 313, 601, 1110, Federal Aviation Sedalia, Mo.-Sedalia Memorial Airport, Act of 1948 (49 U.S.C. 1438, 1354, 1421, 1510); Title 15-Commerce and Foreign Trade Runway 23, Amdt. 2. Act Airport, NDB-A, sec. 6(c), Department of Transportation AND INTERNA- Skwentna, Alas.-Sicwentna (49 U.S.C. 1655(e)) (5 U.S.C.552(a) (1) .) CHAPTER Ill-DOMESTIC Original. TIONAL BUSINESS ADMINISTRATION, Trenton, Mo.-Trenton Municipal Airport, Issued in Washington, D.C., on Sdp- DEPARTMENT OF COMMERCE NDB Runway 17, Original. tember 20, 1973. SUBCHAPTER B-EXPORT REGULATIONS * * * effective October 4, 1973: JAMEs M. VniEs, [13th Gen. Rav., Export Regs., Amdt.I Guam, Marianas Is-Andersen AFB, ADF-1, Chief, Aircraft Arndt- 3, Canceled. Programs Division. PART 377-SHORT SUPPLY CONTROLS Ogalala, Neb.-Searle Field, NDB Runway 8, Noz.-Incorporation by reference PART 399-COMMOnlTY CONTROL Original. provisions in §§ 97.10 and 97.20 (35 FR LIST AND RELATED MATTERS Oshkosh, Wis.-Wittman Field, NDB Runway 5610) approved by the Director of the 36, Original: Discontinuance of Short Supply Controls Somerset, Pa.---Somerset County Airport, FEDERAL REGISTER on May 12, 1969. on Agricultural Commodities ITDB Runway 24, Amdt. 1. [Ft Doc.73-20590 Filed 9-26-73;8:45 aml The FEDERAL REGSTER issuances of 5. Section 97.29 is amended by origi- June 27 and July 5, 1973 Imposcd vali- nating, amending, or canceling the fol- CHAPTER Il-CIVIL AERONAUTICS BOARD dated license controls on exports of cer- tain agricultural commodities to all for- lowing ILS SIAPs, effective November 8, SUBCHAPTER A-EONOMIC REGULATIONS 1973: eign destinations, including Canada. [Reg. E,-823] These controls were Imposed to assuro International Falls, Minn.-Falls Interna- PART 229-SPECIAL PROVISIONS UNDER adequate domestic availability of soy- tional Airport, ILS Runway 31, Amdt. 2. beans, cottonseed, and their ollcake and Airport, ILS/ PRICE STABILIZATION PROGRAM Kailua-Kona, Hawali-Ke-ahole meals, as well as oils, protein feeds, and DME Runway 17, Amdt. 1. Repeal of Part Kansas City, M.-Kansas City International animal fats substitutable for those com- Airport, ILS Runway 1, Amdt. 2. Addpted by the Civil Aeronautics Board modities. The avallabilify of new crop Kansas City, Mo.-Kansas City International at its office in Washington, D.C., on soybeans in sufficient quantities for anti- Airport, ILS Runway 9, Arndt. 4. September 21, 1973. cipated needs, both domestic and foreign, Kansas City, Mo.-Kansas City International Part 229 of the Board's Economic Reg- has made continuation of these controls 19, Original. Airport, ILS (BC) Runway ulations has contained criteria for the unnecessary. Latrobe, Pa.-Latrobe Airport, ILS Runway The purpose of this document Is to an- -23, Amdt. 5. Board's use in assessing increases in Lebanon, N.-Lebanon Regional Airport, rates, fares, and charges for certain serv- nounce discontinuance of short supply ILS Runway ', Amdt. 2. ices subject to its jurisdiction during controls on all agricultural commodities of the Economic Sta- as of October 1, 1973. The agricultural North Bend, Ore.-North Bend Municipal Phases II and I Airport, ILS Runway 4, Amdt. 1. bilization Program. The special provi- commodities listed below will no longer prescribed by Part 229, as amended, require a validated license for export to effective October 18, 1973: sions were imposed in compliance with Cost of Canada axid Country Groups Q, T, V. Atlanta, Ga.-The Willam B. Hartsfleld At- W, and Y. Effective 12:01 am., October lanta International Airport, ILS Runway Living Council and Price Commission di- 9R, Amdt. 3. rectives. However, since § 150.56 of the 1, 1973, these commodities may be ex- - ported to the above named destinations effective October 4, 1973: Cost of Living Council's Phase IV Regu- lations (38 FR 21592), which are now In* under the provilsons of General LicensO New York, N.Y.-John F. Kennedy Interna- SG-DES2. tional Airport, ILS Runway 4L, Amdt. 1. effect, exempts public utilities, including

FEDERAL REGISTER, VOL 38-, NO. 187-THURSDAY, SEPTEMBER 27,. 1973 RULES AND REGULATIONS 2690a

0(la) Oil-cake and meal, the following only: Title 21-Food and Drugs (b) Approrals. Premix level of 20 cottonseed, soybean, linseed, sunflower. CHAPTER I-FOOD AND DRUG ADMINIS- grams of chlortetracycline per pounl, safflower, and peanut, classified under 4.4 percent of sulfametha-dne, Schedule B Nos. 081.3020, 081.3030, 081.30-0 TRATION, DEPARTMENT OF HEALTH, and pro- and 081.3050. EDUCATION, AND WELFARE calne penicillin equivalent in activity to 10 grams of penlIin per pound has 0(ib) Corn gluten feed classifled under SUBCHAPTER B-FOOD AND FOOD PRODUCTS Schedule B No. 031.2015. been granted; for sponsor sea Code Nos. 0(1c) AMeatmeal and tankage, and fish meal, PART 121---FOOD ADDITIVES 004 and 071 in § 135.50I(c) of tbls chap- Inedible, cassfied under Schedule B Nos. Subpart C-Food Additives Permitted In ter. 081.4020 and 081.4040. (c) A-.aj lirits. Finished feed must O(Id) Animal feeds, prepared, the follow- the Feed and Drinking Water of Animals Ing only: feather meal classified under or for the Treatment of Food-Producing contain not lez than 70 percent nor Schedule B No. 081.9910; poultry feeds Animals more than 10 percent of labeled amount classified under Schedule B No. 081.9920; SUBCHAPTER C-DRUGS of chlortetracycline and procaine peni- dairy cattle feeds classified under Sched- cillIn and not Ils than C3 percent nor ule B No. 081.9930; livestock feeds classi- PART 135e-NEW ANIMAL DRUGS FOR more than 120 percent of labeled USE IN ANIMAL FEEDS fied under Schedule B No. 081.9940; and al- amount of sulfame-thazine. falfa meals classified under Schedule B Chrortetracycline, Sulfamethazine, and (d) Spsciac consitlraido ,. Finished Nos. 081.9960 and 081.9970. Penicillin 0(la) Lard and grease classified under feeds conforming to the requirement. of Schedule B Nos. 091.3010 and 091.3020. The Commissioner of Food and Drugs this section are not required to comply 22(la) Safflower sed; sunflower seed; pea- has evaluated a new anima drug appli- with the provisions of section 512(m) nuts, shelled and unshelled. green: and cot- cation (91-663V) filed by Rachelle Labs., of the Federal Food, Drug, and Cosmetic tonseed; classified under Schedule B Nos. Inc., 700 Henry Ford Avenue, P.O. Box Act. 221.0510, 221.0520, 221.1010, 221.1020. and 2029, Long Beach, CA 90801, proposing (e) Related tolerances. See §§ 135-2, 221.6000. 135g.12, and 135g.27 of this chapter. 22 (Ib) Soybeans and flaxsed (Linseed) clas- the safe and effective use of chlortetm- sified under Schedule B Nos. 221.4000 and cycline, sulfamethazine and penicillin in f) Conditions of use. (1) It is ad- 221.5000. swine feed. The application is approved. ministered to swine In a camreta feed 29(1a) Bone meal classified under Schedule The provision for use of the product in for reduction of the incidence of cervical B No" 291.0075. swine feed in Part 121 of the food additive abscesses; treatment of bacterial swine 29(lb) Blood flour and blood meal classified regulations is being deleted as part of enteritis (salmonellosls or necrotic en- under Schedule B No. 291.0090. this order and recodIfied in Part 135o. terltis caused by Salmonella choleraesuis 4(la) Vegetable oils and mixtures thereof, Therefore, pursuant to provis ons of and vibrionic dysentery); prevention of the following only: soybean oils classilaed the Federal Food. Drug, and Cosmetic these diseases during times of stress; under Schedule B o.M421.2010, 421.2020, Act (see. 512(), 82 Stat. 347 (21 U.S.C. maintenance of welgh gains in the pres- and 431.2010; cottonseed oils classified un- 360b(i))) and under authority delegated ence of atrophic rhinitis; growth promo- der Schedule B Nos. 421.3010, 421.3020, tion and Increased feed efficiency in 421.3030 and 431,2020; cottonseed and soy- to the Comis-ioner (21 CFR 2120), bean oil mixtures classified uloder Sched- Parts 121 and 135e are amended as fol- swine weighln up to 75 pounds. ule B No. 431.2030; peanut oils classified lows: (2) Withdraw 7 days priar to slauzh- under Schedule B Ios. 421.4010 and tee. § 121.208 [Amended] 421A020; sunflower seed oils clssified un- E167ctive date. This order shall be der Schedule B Nos. 421.8010, 421+8020, and 1. Part 121 is amended in § 121.203(d) effective on September 27. 1973. 421.8040; linseed oils classified under by deleting item 2. "chlortetracycline Schedule B Nos. 422.1000 and 431.1010; (Es_ 5 12(1) 82 Stat 347 (21 US.C. 3C50(i)).) corn oils classified under Schedule'B Ns. combined with penicillin, sulfametha- 422-9020 and 431.2030; safflower seed oil zine" in Table 2 and reserving the Item Dated September 20, 1973. classified under Schedule B No. 422.9030; for future use. ,and fish oil, maize oil and peanut oil classl- 2. Part 135e is amended by adding C. D. Vm.- Houwlaruc, fied under Schedule B No. 431.2030. thereto a new section to read as follows: Director. 4(lb) Tallow. edible and Inedible, classifed Bureau of Veterinary Medici2. under Schedule B Nos. 4.3210 and § 135c.61 Chlorctiracycline, procaine 411.3220. penicillin, and sulfamethazine. 512(22a) Vegetable lecithin, soybean, classl- (a) Specifications. (1) Chlortetra- fled under Schedule B No. 512.0965. cycline is the antibiotic substance pro- PART 135a---NEW ANIMAL DRUGS FOR OPHTHALMIC AND TOPICAL USE Accordingly, § 377.3 and the "Agricul- duced by growth of Streptomyces aurco- or the same antibiotic tural Commodities" portion of Supple- faciens substance Dimethyl Sulfoxide Gel, Veterinary produced by any other means and. for the ment No. 1 to Part 377 of the Export purpose of this section, refers to chlor- The Commissioner of Facd and Drugs Control Regulations are deleted, and the tetracycline or feed grade chlortetra- has evaluated a new animal drug appli- Commodity Control List (§ 399.1 of the cycline as the specified salt. cation (47-925T) filed by Syntex Labora- (2) Procaine penicillin is the procaine tories, Inc. Stanford Indusdtria Park, Export Control Regulations) is revised Palo Alto. CA 94304 proposing the safe to delete the above listed entries and to salt of the antibiotic substance produced by the growth of Pcnnfcilu = not atum or 'and effective use of dimethyl sulfode delete the word "other" from entries Penicillium cherJsogenum or the same gel, veterinary for the treatment of O(lf), 22(lc), 29(lc), and 4(lc). Re- antibiotic substance produced by ay hormes. The application Is approved. Therefore, pursuant to provisions of placement pages for the Export Control other means and, for the purpos of this Regulations will be published in a forth- section, refers to procaine penicillin or the Federal Food, Drugn, and Cosmetic feed grade procaine penicillin. Act (sec. 512(1), 82 Stat. 347 (21 U.S.C. coming Export Control Bulletin. 360b( ))) and under authority dele gted This action in no way modifies or af- (3) Sulfamethazine is the chemical N1- (4.6-Dimethyl-2-pyrlmidinyl) sulfanil- to the Commiss-oner (21 CFR 2.120), fects the reporting requirements set Part 135a Is amended by adding a nen' amide. section forth in Part 376, which-remain in full (4) The antibiotic activities authorized as follows: force and effect. are expressed In this section n terms of ,1135a.49 Dimehyl sulfoidde gel, veteri- Effective date of action: 12:01 a.m. the weight of the appropriate antibiotic nary- October 1,1973. standards. (a) Sscificaions.DlmethyI sulfoxide (5) Finished feed contains In each ton, gel, veterinary contains 90 percent, RAUEaX. AMursa, 100 grams of chlortetracycline, 50 grams dimethyl sulfoxIde in an aqueous gel Director,Office of Export Control. of penicillin as procaine penicillin, and (b) Sponsor. See code No. 036 in [PB Doc.73-20742 Filed 9-26-73;8:45 am] 100 grams of sulfamethazine. 135.501(c) of this chapter.

FEDERAL REGISTER, VOL 38, NO, 187-THURSDAY, SETMBER 27, 1973 No. 187-Pt. I--4 26910 'Iffit-AWR REGI.ATfONS (c) Conditions of use. (1) It is rec- of 2 to 3 milligrams per 100 pounds body SUBPART E-HAZARDOUS SUBSTANCES ommended for use on horses as a topical weight intramuscularly. These doses may PART 191-HAZARDOUS SUBSTANCES: application to reduce acute swelling due be repeated as indicated. DEFINITIONS AND PROCEDURAL AND to trauma. (3) The drug is contraindicated in INTERPRETATIVE REGULATIONS (2) I t is administered topically to the mechanical, intestinal or urinary ob- PART 191b-REQUIREMENTS FOR ELEC- skin over the affected area. Liberal ap- struction, late pregnancy, and in animals TRICALLY OPERATED TOYS OR OTHER plication should be administered 2 to 3 treated with other cholinesterase in- ELECTRICALLY OPERATED ARTICLES times daily. Total daily dosage should not hibitors. INTENDED FOR USE BY CHILDREN exceed 100 grams. Total duration of (4) Not for use in animals producing therapy should not exceed 30 days. milk, since this use will result in con- Revision and Transfer (3) Not to be administered to horses tamination of the milk. Appearing elsewhere in this issue of the that are to be slaughtered for food or in- (5) Federal law restricts this drug to FEDERAL REGISTER Is a document deleting tended for breeding purposes. For topical use by or on the order of a licensed 21 CFR Parts 191 and 191b and revising application only. Do not administer by veterinarian. and reissuing the material, for reasons any other route. No other medications Effective date.-This order shall be given, as Parts 1500 and 1505, respective- should be present on the skin prior to effective on September 27,1973. ly, of Title 16, Chapter II, Subohaper C. application of the drug. (4) Federal law restricts this drug to (See.512 (i), 82 Stat. 347 (21 U.S.C. 360b (i)).) Dated September 20, 1973. used by or on the order of a licensed Dated August 31, 1973. SAD r E. DuNu, veterinarian. Secretary,Consumer Product FRED J. KNGMA, Effective date.-This order shall be ef- Acting Director, Safety Commission. fective on September 27, 1973. Bureauof Veterinary Medicine. [FR Doc.73-20424 Filed 0-26-73;8:45 am] (See. 512(1), 82 Stat. 347 (21 U.S.C. 360b(i)).) [FR Doc.73-20634 Pied 9-26-73;8:45 am] Dated September 20. 1973. Title 28--Judiclal Administration C. D. VA HOUWELIG, PART 135c-NEW ANIMAL DRUGS IN CHAPTER I-DEPARTMENT OF JUSTICE Director, ORAL DOSAGE FORMS [Order 540-73] Bureau of Veterinary Medicine. Phenylbutazone PART O-ORGANIZATION OF THE DEPARTMENT OF JUSTICE [FR Doc.73-20635 Filed 9-26-73,8:45 am] The Commissioner of Food and Drugs has evaluated a new animal drug appli- Civil Rights Issues Affecting American PART 135b-NEW ANIMAL DRUGS FOR cation (91-939V) filed by Norden Lab- Indians IMPLANTATION OR INJECTION oratories, Inc., Lincoln, NE 68501, pro- This order clarifies the assignment of Neostigmine Methylsulfate posing the safe and effective use of phen- matters regarding civil rights Issues af- ylbutazone tablets for the treatment of The Commissioner of Food and Drugs dogs. The application is approved. fecting American Indians. Matters aris- has evaluated a supplemental new ani- Therefore, pursuant to provisions of ing under Title II of the Civil Rights Act mal drug application (8-097V) filed by the Federal Food, Drug, and Cosmetic of 1968, 82 Stat. 77; 25 U.S.C. 1301 et seq. Pitman-Moore, Inc., Washington Cross- Act (sec. 512(1), 82 Stat. 347 (21 U.S.C. (the Indian Bill of Rights) are assigned Ing, NJ 08560, proposing the safe and 360b(i) )) and under authority delegated to the Civil Rights Division, and other In- effective use of neostigmine methyl- to the Commissioner (21 CFR 2.120), dian-related matters primarily involving sulfate for the treatment of cattle, Part 135c is amended in § 135c.57 by horses, sheep and swine. The supple- adding a new paragraph (h) as follows: natural resources issues will continue to mental application is approved. be handled by the Land and Natural Re- Therefore, pursuant to provisions of §135c.57 Phenylbutazone tablets and sources Division. the Federal Food, Drug, and Cosmetic boluses. Br virtue of the authority vested in Act (see. 512(), 82 Stat. 347 (21 U.S.C. () (1) Specifications. The drug is n me by 28 U.S.C. 509, 510 and 5 U.S.C. 360b(i))) and under authority delegated to the Commissioner (21 CFR. 2.120), tablet form with each tablet containing 301, Chapter I of Part 0 of Title 28, Code Part 135b is amended by adding a new 100 milligrams of phenylbutazone. of Federal Regulations, Is amended as section as follows: (2) Sponsor. See code No. 026 in follows: § 135.501(c) of this chapter. § 0.50 [Amended] § 135b.97, Neostigmine methylsulfate hi- (3) Conditions of use. (i) It is used for jection, veterinary. the relief of inflammatory conditions 1. Paragraph (a) of § 0.50 of Subpart J (a) Specifications. Neostigmine meth- associated with the musculoskeletal sys- is amended by deleting the word "and" ylsulfate injection, veterinary contains tern in dogs. immediately before the word "housing" two milligrams of neostigmine methyl- (ii) It is administered orally to dogs at and by adding immediately after the sulfate in each mililiter of sterile aqueous a dosage level of 20 milligrams per pound solution. of body-weight in three divided doses word "housing," the phrase "and the con- (b) Sponsor. See code No. 066 in daily given at 8 hour intervals with a stitutional and civil rights of Indians 135.501(c) of this chapter. maximum dosage level of 800 milligrams arising under 25 U.S.C. 1301 et seq." (c) Conditions of use. (1) The drug is per day regardless of body weight. § 0.65 [Amended] Intended for use for treating rumen (iII) Federal law restricts this drug to atony; initiating peristalsis which causes use by or on the order of a licensed 2. Paragraph (b) of § 0.65 of Subpart M evacuation of the bowel; emptying the veterinarian, is amended by adding at the end there- urinary bladder; and stimulating skeletal Effective date.-This order shall be- of: "(except matters involving the con- muscle contractions. It is, a curare come effective on September 27, 1973. . stitutional and civil rights of Indians as- antagonist. to the Civil Rights Division by (2) It is administered to cattle and (Sec. 512(1), 82 Stat. 347 (21 U.S.C. 360b(1)).) s'gned horses at a dosage level of 1 milligram per Dated August 31, 1973. Subpart J of this part) ." 100 pounds of body weight subcutane- Dated September 19, 1973. ously. It is administered to sheep at a FRED J. KINGJA, Acting Director, ELLIOT RICHARDSON, dosage level of 1 to 1 milligrams per 100 Attorney Gencral. pounds body weight subcutaneously. It is Bureau of VeterinaryMedicine. administered to swine at a dosage level [ R Doc.73-20633 Plled 9-26-73;8:45 am] [FR Doo,73-20543 Plled 9-26-73; 8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 26911

Title 24-Housing and Urban Development CHAPTER X-FEDERAL INSURANCE ADMINISTRATION, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUBCHAPTER B--ATIONAL FLOOD INSURRCE PROGRAM [Docket No. P1-2141 PART 1914-AREAS ELIGIBLE FOR THE SALE OF INSURANCE Status of Participating Communities Section 1914-4 of Part 1914 of Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations is amended by adding in alphabetical sequence a new entry to the table. In this entry, a complete chronology of effective dates appears for each listed community. Each date appearing in the last column of the table Is followed bya designatlon which Indicates whether the date signifies the effective date of the authorization of the sale of flood Insurance In the area under the emergency or the regular flood insurance program. Thd entry reads as follows: § 1914.4 Status of participating communiies.

State County Loatlon Mip No. S -prc il . rc.icry cF " cil zcd

Tems-...... -. .- Houston, City oL..------pt.------S-e- ,

(National Flood Insurance Act of 1968 (title Df the Housing and Urban Development Act of 1968), effective Jan. 23. 1969 (33 Fa 17804, Nov. 28,1968), as amended (secs. 408-410. Pub. L. 91-152 Dec. 24., 199) (42 U..aC. 4001-4127); and Secretary's delegaion of authority to F deral lnsurance Administrator, 34 FR 2680, Feb. 27, 1969.) Issued September 14, 1973. GEoRGE K BmxsTEn, Federal Insurance Administrator. C [FR Doc.73-20477FIled 9-20-73;8:45 am]

Title 26-Internal Revenue application for change of annual ac- established Is the effect of the change CHAPTFER I-INTERNAL REVENUE SERV- counting period the Income Tax Regula- on the taxpayer's annual cycle of busl- ICE, DEPARTMENT OFTHE TREASURY tIons (26 CFR Part 1) are amended as ness activity. The agreement between SUBCHAPTER A-INCOME TAX follows: the taxpayer and the Commissioner PARAGRAPH 1. Paragraph (b) (1) of 1INCO EI TAX REGULTIONSI under which the change will be effected § 1.442-1 is amended to read as follows: shall, In appropriate cases, provide - [TM. 72861 § 1.442-1 Change of annual accounting terms, conditions, and adjustments nec- PART 1-INCOME TAX; TAXABLE YEARS period. essary to prevent a substantial distor- BEGINNING AFTER DECEMBER B1,1953 tion of income which otherwise would result from the change. The following Time for Filing Application for Change of (b) Prior approral of the CommL,- are examples Annual of effects of the change Accounting Peiod sioner-(1) In generaL In order to secure which would substantially distort in- This document contains an amend- prior approval of a change of a tax- come: (I) Deferral of a substantial por- payer's ment to the Income Tax Regulations (26 annual accounting period, the tion of the taxpayer's taxpayer must file an application on income, or shift- CFR Part 1) under sections 442 and 706 Ing of a substantial portion of deductions, of the Internal Revenue Code of 1954. Form 1128 with the Commisloner of In- The amendment is designed to change ternal Revenue, Washington. D.C. 20224, from one year to another so as to reduce the due date for filing an application for. to effect the change of accounting period. substantially the taxpayer's tax liabil- a change of a taxpayer's annual account- If the short period involved In the change ity; (11) causing a similar deferral or ingperiod. ends after December 31, 1973, such form shifting In the case of any other person, shall be filed on or before the 15th day Section 442 of the Code provides that such as a partner, a beneficiary, or a a. of the second calendar month following taxpayer may change his annual ac- shareholder in an electing small business counting period ("taxable year") only the close of such short period; if such if the permission of the Secretary of short period ends before January 1, 1974, corporation as defined In section 1371 the Treasury or his delegate is obtained. such form shall be filed on or before the (b) ; or (i) creating a short period in Present regulations provide that a re- last day of the first calendar month which there Is either (a) a substantial following quest for such permission must be flied the close of such short period. net operating lozs, or (b) In the case of Approval will not be granted unlezs the not later than the last day of the month an electing small business corporation, following taxpayer and the Commissioner agree to the close of the short taxable a substantial portion of amounts treated period which would be .created by the the terms, conditions, and adjustments change of taxable year. In response to under which the change will be effected. as long-term capital gain. Even though comments from the public, the regula- In general, a change of annual account- a substantial business purpose Is not es- tions lengthen the period for filing the ing period will be approved where the tablished, the Commissioner in appro- taxpayer application to the 15th day of the second establishes a substantial busi- priate cases may permit a husband ness purpose for naking the change. In or month following the close of the short wife to change his zr her taxable year taxable period. The change determining whether a taxpayer has es- is effective for in order to secure changes involving short periods ending tablished a substantial business purpose the benefits of section afterfDecember 31,1973. for making the change, consideration 1(a) (relating to tax in case of a joint A conforming change is made to the will be given to all the facts and circum- return). See paragraph (e) of this section regulations under Code section 706, re- stances relating to the change, including for specia rule for newly married lating to application Tor change of tax- the tax. consequences resulting there- couples. able year of a partnership. from. Among the nontax factors that Amendmenft to the regulations. In will be considered In determing whether PAR. 2. Paragraph (b) (4) (I) of order to lengthen the time for filing an a substantial business purpose has been § 1.706-1 Is amended to read as follows:

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26912 RULES AND REGULATIONS § 1.706-1 Taxable years of partner and by the estate from either income or In order to provide revised rules for the partnership. * corpus. The revised regulations apply to treatment of an amount paid, or required taxable years beginning after December to be paid, by a decedent's estate as an (b) Adoption or change in ta. ble 31, 1953 and ending after August 16, 1954. allowance or award for the support of the Heretofore, the regulations provided decedent's widow or other dependent year. * * * that any such allowance was deductible during the administration of the estate, (4) Application for aplbroval-(i) by the estate, and includible in the gross the Income Tax Regulations (26 CFR Change. Application for a change in a income of the widow or other dependent, Part 1) under sections 661 and 662 of taxable year shall be filed on Form 1128 only to the extent payable out of and the Internal Revenue Code of 1954 are with the Commissioner of Internal Reve- chargeable to income under the appli- amended to read as follows. These nue, Washington, D.C. 20224. If the short cable order, decree, or local lawproviding amendments are applicable to taxable period involved in the change ends after for such allowance. Iany comments by years beginning after December 31, 1953, December 31, 1973, such form shall be interested persons objected to the retro- of the and ending after August 16, 1954. filed on or before the 15th day active application of the proposed regu- PAmGR H 1. Section 1.601(a)-2 Is second calendar month, following the lations. Accordingly, the Internal Reve- amended by revising paragraph (e) to close of such short period; if such short period ends before January 1, 1974, such nue Service has set forth in a Reve- read as follows: form shall be filed on or before the last nue Procedure the circumstances under §-1.661(a)-2 Deduction for distribu. day of the first calendar month follow- which the treatment of such allowances, tions to beneficiaries. ing the close of such short period. in a manner consistent with the regbla- tions prior to the amendment made by = f* 2 2 2 this document, will not be disturbed. (e) The terms "income required to be Because this Treasury decision merely (Rev. Proc. 73-4, 1973 Int. Rev. Bull. No. distributed currently" and "any other lengthens the time period within which 6, at 32.) Generally, with respect to re- amounts properly paid or credited or re- an application for change of'annual ac.- turns heretofore filed for taxable years quired to be distributed" include amounts counting period may be filed, it is found ending before the date of approval of paid, or required to be paid, during the unnecessary to issue it with notice and this document, such consistent treatment taxable year pursuant to a court order public procedure thereon under subsec- will not be disturbed unless the estate or decree or under local law, by a dece- tion (b) of section 553 of Title 5 of the files a claim for refund based on a dis- dent's estate as an allowance or award United States Code. tribution deduction for a "widow's" or for the support of the decedent's widow ' (Section 7805 of the Internal Revenue Code "familW" allowance. However, if the es- or other dependent for a limited period of 1954 68A Stat. 917; (26 U.S.C. 7805).) tate has filed a claim for refund and does during the administration of the estate, not withdraw it, the Internal Revenue The term "any other amounts properly ~ DONALD C. ALEXANDER, Service will require the widow or other paid or credited or required to be distrib- Commissionerof InternalRevenue. dependent to include such allowance in uted" does not include the valtle of any Approved September 20, 1973. gross income. interest in real estate owned by a dece- Several comments were received indi- dent, title to which under local law FREDERICK W. IICKMAN, cating some possible confusion as to passes directly from the decedent to hin " Assistant Secretary of the Treasary. whether the regulations would apply to heirs or devisees. [FR Doc.73-20662 Filed 9-26-73;8:45 am] certain distributions which, in light of local law, would not be considered dis- PAR. 2. Section 1.662(a)-2 is amended [Income Tax Regulations] tributions of the estate. Because it Is by revising paragraph (c) to read as implicit in the regulations that their ap- follows: [TD. 7287] plication -is limited only to estate distri- PART I-INCOME TAX; TAXABLE YEARS butions, no amendment to the regulations § 1.662(a)-2 Currently dlistrlbuittbile in. BEGINNING AFTER DECEMBER 31,1953 was made as a result of the comments. come. Deductibility and Inclusion in Gross Income Adoption of amendments to the regula- of Family Allowances tions. On Friday, December 22, 1972, no- (c) The phrase "the amount of in- tice of proposed rule making with respect come for the taxable year required to be By a notice of proposed rule making to the amendments of the Income Tax distributed currently" includes any appearing in the FEDERAL REGISTER for Regulations (26 CFR Part 1) under sec- amount required to be paid out of In- Friday, December 22, 1972 (37 FR 28302),_ tions 661 and 662 of the Internal Revenue come or corpus to the extent the amount amendments to the Income Tax Regula- Code of 1954 in order to provide revised is satisfied out of income for the taxable tions (26 CPR Part 1) under sections 661 rules-for the treatment of an amount year. Thus, an annuity required to be and 662 of the Internal Revenue Code of paid, or required to be paid, by a dece- paid in all events (either out of Income 1954 were proposed in order to conform dent's estate as an allowance or award or corpus) would qualify as income re- the Income Tax Regulations to the de- for the support of the decedent's widow quired to be distributed currently to the cision of the Tax Court in Estate of Law- or other dependent during the adminis- extent there Is income (as defined In rence R. McCoy, 50 T.C. 562 (1968). After tration of the estate, was published in the section 643(b)) not paid, credited, or consideration of all such relevant matter FEDERAL REGISTER (37 FR 28302). After required to be distributed to other bene- as was presented by interested persons consideration of all such relevant matter ficiaries for the taxable year. If an an- regarding the rules proposed, the amend- as was presented by interested persons nuity or a portion of an annuity is ment of the regulations as proposed are regarding the rules proposed, the amend- deemed uhder this paragraph to be In- adopted by this document without ments of the regulations-as proposed are come required to be distributed cur- change. hereby adopted effective for returns with rently, it Is treated In all respects in the Under the regulations adopted by this respect to taxable years beginnifig after same manner as an amount of Income document, an amount paid, or required December 31, 1953, and ending after Au- actually required to be distributed cur- to be paid, by a decedent's estate as an gust 16, 1954. rently. The phrase "the amount of in- allowance or award for the support of a come for the taxable year required to be beneficiary, who is the decedent's widow * (Section 7805 of the Internal Revenue Code distributed currently" also includes any or dependent, is deductible by the estate. of 1954 68A Stat. 917; (26 U.S.C. 7805).) amount requlrel to be paid during the in computing its taxable income and in- [SEAL] DONALD C. ALEXANDER, taxable year in all events (either out cludible In the gross income of the bene- Commissioner of InternalRevenue. of income or corpus) pursuant to a court ficiary to the extent of the beneficiary's Approved September 21,1973. order or decree or under local law, by a share of the estate's distributable net in- decedent's estate as an allowance or come. This treatment would apply to such JOHN H. HALL, award for the support of the decedent's amounts, commonly called a "widow's Deputy Assistant Secretary widow or other dependent for a limited allowance" or "family allowance," paid of the Treasury. period during the administration of the

FEDERAL REGISTER, VOL 38, -NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 26913 estate to the extent there is income (as between contracting officers and the Effective datcr-These regulations are -defined in section 643 (b)) of the estate Small Business Administration (SBA) effective on September 27, 1973. for the taxable year not paid, credited, regional offices over the Issuance of cer- Dated September 20,1973. or required to be distributed to other tificates of competency, (2) processing beneficiaries. appeals by an agency to the SBA Cen- Anmmn F. S."wson, tral Office, and (3) conforming the pro- Administratorof General Services. cedures in the FPR to the actual prac- [FR Dac.73-20649 Filed 9-26--73;8:45 .am] PAR. 3. Section 1.662(a)-3 is amended tices followed by SBA. by revising paragraph (b) to read as 1. Section 1-1.708-2 Is amended by re- follows: vising paragraph (d) and adding a new LATE BIDS AND PROPOSALS § 1.662(a)-3 Other amounts distributed. paragraph (e). As amended, the section This amendment of the Federal Pro- reads as follows: curement Regulations prescribes revised and new Policies and procedures pertain- (b) Some of the payments to be in- § 1-1.708-2 Applicability and proce- dure. ing to the receipt and consideration for cluded under paragraph (a) of this sec- award of bids and proposals that have tion are: (1) A distribution made to a been received after the exact time set for beneficiary in the discretion of the fidu- (d) After a contracting officer refers opening or receipt in the solicitation doc- ciary; (2) a distribution required by the a negative finding regarding the capacity ument. In the future, bids will be con- terms of the governing instrument upon or credit of a small busines concern to sldered timely if mailed by registered or the happening of a specified event; (3) the SBA regional office, the SBA office certified mal 5 or more days before the an annuity which is required to be paid shall notify the contracting officer If It time set for the opening of bids. In the in all events but which is payable only plans to issue a certificate of competency case of negotiated procurement two pro- out of corpus; (4) a distribution of prop- or to refer the application to the SBA cedures for handling late proposals are erty in kind (see paragraph (f) of § 1.661 Central Office, Washington, D.C. The prescribed. The general procedure re- (a)-2); (5) an amount applied or dis- contracting officer shall also be informed quires that late proposals shall be treated tributed for the support of a dependent of any new or additional facts in the case in essentially the same manner as late of a grantor or a,- trustee or cotrustee which have been developed. If these bids. An alternate procedure has been under the circumstances specified in sec- facts warrant, the contracting officer prescribed which allows for the con- tion 677(b) or section 678(c) out of cor- should consider a reversal of his negative sideration of late proposals if they are pus or out of other than income for the finding. Every effort should be made to received prior to a determination of the taxable year; and (6) an amount re- resolve the differences'between SBA and competitive range and offer significant quired to be paid during the taxable the contracting agency through a com- cost or technical advantages to the Gov- year pursuant to.a court order or decree plete exchange of preaward Information. ernment. This alternate procedure may or under local law, by a decedents es- (e) If agreement cannot be reached be used only when the head of the agency. tate as an allowance or award for the between the SBA regional office and the or his designee, determines tha it is support of the decedent's widow or other contracting officer, the contracting offi- applicable to certain classes of procure- dependent for a limited period during cer shall request the SBA regional office ments conducted by his agency. the administration of ,the estate which to suspend action and to forward the PART 1-2-PROCUREMENT BY FORMAL is payable only out of corpus of the es- case to the SBA Central Office, Wash- tate under the order or decree-or local ington, D.C.. for review. The SBA Cen- ADVERTISING law. tral Office may decline to issue a Subpart 1-2.2-Solicitation of Bids certificate of competency and inform the IPPR Andt. 1181 [FR Doc.73-20663 Filed9-26-73;8:45 am] contracting officer of this declsion, or It may inform the contracting officer and Section 1-2.201 is amended to add i higher authority within the procuring new paragraph (a) (31), as follows: Title 40-Protection of Environmept agency of the reasons for SBA's pro- § 1-2.201 Preparation of invitations for CHAPTER I-ENVIRONMENTAL posed affirmative action. The procuring bids. PROTECTION AGENCY agency shall notify the SBA Central SUBCHAPTER E--PESTICIDE PROGRAMS Office within 10 workdays after receipt of written notification of SBA's proposed PART 180-TOLERANCES AND EXEMP- action whether a formal ap- (31) The following provision regard- TIONS FROM TOLERANCES FOR PESTI- affirmative CIDE CHEMICALS IN OR ON RAW AGRI- peal will be made at the Central Office ing the recelpt and consideration of bids CULTURAL COMMODITIES level. The appeal shall be presented with- for award that are received after the in 10 workdays after the SBA Central exact time set for opening in the invita- O,O-Diethyl O-(2-isopropyl-6-Methyl-4- Office is notified that an appeal will be Pyrimidinyl) Phosphorothioate made or at such later date as may be tion for bids shall be placed in each Correction agreed upon by SBA and the procuring solicitation: Following the appeal, the SBA In FR Doec. 73-18626 appearing at agency. LTATEBIs, LloincAnoNs o7 isDs, o Associate Administrator shall make a WrTE=DAWAL page 23781 in the issue of Tuesday, Sep- o? Bms determination relative to the certificate (a) Any bid received at the office deai- tember 4, 1973, in § 180.153, in the first of competency action and his determina- line following the five stars, the word nated In the collcitation after the exact time tion will be considered final. upecfied for receipt will not be considered "mission" should read "million". unleca It L received before award I, made 2. Section 1-1.708-3 Is revised to delete and either: Title 41-Public Contracts and Property the last two sentences. As revised, the (1) It was cent by re-iz tered or certified Management paragraph reads as follows: mail not later than the fifth calendar day prior to the date specified for the receipt of CHAPTER I-FEDERAL PROCUREMENT § 1-1.708-3 Conclusliveness of certifi- bida (e.g. a bld aubmitted in response to a REGULATIONS cate of competency. rolcitatlon requiring receipt of bld by the • IFPR Andt. 119] As provided in the Small Business Act 20th of the month: muzt have been mailed by (15 U.S.C. 637(b) (7)), procurement the 15th or earlier); or PART 1-1-GENERAL (2) It w= cent by mal (or telegram if au- agencies are required to accept SBA cer- thored) and It is determined by the Gov- Subpart 1-1.7-Small Business Concerns tificates of competency as conclusive of a ernment that the late receipt was due solely CERTIFICATE OF COMPETENCY PROGRAM prospective contractor's responsibility as to mrshandling by the Government after recolpt at the Government in3tallation. This amendment clarifies in Subpart to capacity and credit. (b) Any medifcation or withdrawal of a 1-1.7, Small Business Concerns, the pro- (See. 205(c), 63 Stat. 390; (40 U.S.C. bid is subject to the -ame conditions as in cedures for (1) resolving disagreements 486(c)).) (a), above. A bid may also be withdrawn In

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26914 RULES AND REGULATIONS person by a bidder or his authorized repre- In the Invitation. Accordingly, your bid will time set for receipt in the request for sentative, provided his identity is made not be opened or considered for award unless proposals shall be placed in each known and he signs a receipt' for the bid, there is received from you by but only if the withdrawal is made prior to (date) solicitation: the exact time set for receipt of bids. the original post office receipt for registered LA= P OsOSLs, MoDIICATIOrNs Or PorosALa, (c) The only acceptable evidence to or certified mail showing a date of mailing =D W zr AWALS OV PnrOO3=us establish: not later than the flth calendar day prior (a) Any proposal received at the offico (1) The date of mailing of a late bid, to the date specified for opening (e.g., a bid designated in the solicitation after the exact modification, or withdrawal sent either by submitted in response to a solicitation re- time specified registered or quiring receipt of bids by the 20th of the for receipt will not be con- certified mail Is the U.S. Postal sidered unless it is received before award is Service postmark on the wrapper or on the month must have been mailed by the 15th or made, and: original receipt from the U.S. Postal Service. earlier). If neither postmark shows a legible (1) It was sent by registered or certiled date, (b) When a late telegraphic bid is re- mail not later than the fifth calendar day the bid, modification, or withdrawal shall be prior deemed to have been mailed late. (The term ceived and it is clear from available in- to the date specified for receipt of "postmark" means a printed, stamped, or formation that under § 1-2.303-2 such offers (e.g., an offer submitted in response to a solicitation requiring otherwise placed impression that is readily late bid cannot be considered, the con- receipt of offers identifiable without further action as having by the 20th of the month must have been tracting officer, or his authorized repre- mailed by the 15th or earlier); been supplied and affixed on the date of sentative, shall promptly notify the mailing by employees of the U.S. Postal (2) It was sent-by mail (or telegram If bidder that his bid was received late and Service.) authorized) and It is determined by the (2) The time of receipt at the Goiemnment will not be considered (see also § 1-2.- Government that the late receipt was due installation is the time-date stamp of such 303-7). solely to mishandling by the Government installation on the bid wrapper or other doc- after receipt at the Government installaton; umentary evidence of receipt maintained by or PART 1-3-PROCUREMENT BY (3) It, is the only proposal received. the installation. NEGOTIATION (d) Notwithstanding (a) and (b) of this (b) Any modification of a proposal, ex- provision, a late modification of an other- The table of contents for Part 1-3 is cept a modification resulting from the Con- wise successful bid which makes its terms amended to include new entries in Sub- tracting 0racer's request for "best and final" more favorable to the Government will be part 1-3.8, as follows: offer, is subject to-the same conditions as in considered at any time it is-received and (a) (1) and (a) (2) of this provision. Sec. may be accepted. (c) A modification resulting from the 1-3.802-1 Consideration of late proposals. Contracting Officer's request for "best and 1-3.802-2 Alternate procedures for consid- final" offer received after the time and date Subpart 1-2.3--Submission of Bids eration of late proposals. specified In the request will not be consid- ered unless received before award and the 1. Section 1-2.303-3 Is revised to read Subpart 1-3.8--Price Negotiation Policies late receipt is due solely to mishandling by as follows: and Techniques the Government after receipt at the Govern- ment 1. Section 1-3.802 is amended by installation. § 1-2.303-3 Mailed bids. re- (d) The only acceptable evidence vising paragraph (c). As revised, para- to A late bid, modification of bid, or with- establish: graph (c) reads as follows: drawal of bid shall be considered only (1) The date of mailing of a late proposal if the circumstances set forth in the pro- § 1-3.802 Preparation or modification sent either by registered or for negotiation. certified vision in § 1-2.201 (a) (31) are applicable. mail is the U.S. Po3tal Service postmark on the wrapper or on the orlginsl 2. Section 1-2.303-4 is revised to read (c) Requests for proposals. Requests receipt from the U.S. Postal Service. If neither as follows: for proposals shall contain the infor- postmark shows a legible date, the proposal mation necessary to enable a prospective or modification shall be deemed to have been § 1-2.303-4 Telegraphic bids. offeror to properly, prepare a quotation mailed late. (The term "postmark" means A late telegraphic bid received before a printed, stamped, or otherwise placed Ir- or proposal. The- request for proposals pression that is readily award shall not be considered for award, identifiable without shall be as complete as possible with re- further action as having been supplied and regardless of the cause of the late re- spect to: Item description or statement aflixed on the date of mailing by employees ceipt, including delays caused by the of work; specifications; Government- of the U.S. Postal Service.) telegraph company, except for delays furnished property, if any; required de- (2) The time of receipt at the Govern- due to mishandling on the part of the livery schedule; special provisions; cost mehnt Installation is the time-date stamp of Government in its transmittal to the or pricing data requirements (see § 1-3.- such installation on the proposal wrapper or office designated in the invitation for 807-3); and contract clauses. Requests other documentary evidence of receipt main- bids for the receipt of bids, as provided tained by the installation. for proposals shall specify a date and (e) NotVithstanding for bids submitted by (a), (b), and (o), of mail (see time for submission of proposals. Any this provision, a late modification of an § 1-2.303-3). extension-of time granted to one pro- otherwise successful proposal which malkes 3. Section 1-2.303-6 is revised to read spective offeror shall be granted uni- its terms more favorable to the Govern- as follows: formly to all. Each request for proposals ment will be considered at any time It s re- shall be released to all prospective of- ceived and may be accepted. § 1-2.303-6 Notification to late bidders. ferers at the same time and no offeror (f) Proposals may be withdrawn by writ- shall be given the advantage of advance ten or telegraphic notice received at any (a) When a late bid is received and time prior knowledge that proposals are to be re- to award. Proposals may be with- It s clear from available information drawn in person by an offeror or his author- that under § 1-2.303-2 such late bid can- quested. Requests for proposals shall be ized representative, provided his Identity not be considered for award, the con- in writing except in those cases where is made known and he signs a receipt for the tracting officer, or his authorized repre- the urgency of the procurement is such proposal prior to award. sentative, shall promptly notify the that there is not sufficient time to pre- pare a written request. In such cases oral (b) Proposals and modifications of bidder that it was received late and will proposals not be considered (see requests are authorized. received In the office designated also § 1-2.303-7). in the request for proposals after the However, when a late bid is transmitted 2. Section 1-3.802 is amended to add exact time specified are late proposals by registered or certified mail and is re- new _§§ 1-3.802-1 and' 1-3.802-2, as and shall be considered for award only ceived before award but dt is not clear follows: if the circumstances set forth In the from available information whether It provision in § 1-3.802-1(a), above, are can be considered, the bidder shall be § 1-3.802-1 Consideration of late pro- applicable. When a late proposal or mod- promptly notified substantially as posals. ification of proposal Is received and it follows: (a) Except as provided in § 1-3.802-2, Is clear from available information Your bid in response to Invitation for Bids the following provision regarding the re- that it cannot be considered for award Number ---- , dated ------was re- ceipt and consideration of proposals for (e.g., when the postmark clearly shows ceived after the time for opening specified award that are received after the exact that the proposal was mailed later than

FEDERAL REGISTER, VOL.. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 26915

the fifth day prior to the date specified), (1) It was rent by registered or certified posals within the competitive range. mail not later thnn the fifth calendar day However, where only one proposal is in- the contracting officer, or his athorized prior to the date specifiod for receipt of of- representative, shall promptly notify the fers (e.g., an offer submitted In respon-e to a volved and it is received after the time offeror that it was received late and will solicitation requiring receipt of offers by the specified, a determination of the com- not be considered for award. However, 20th day of the month must have been mailed petitive range is not to be made and the when a late proposal or modification of by the 15th or earlier); proposal may be evaluated and consid- proposal is transmitted by registered or (2) It was sent by mail (or telegram if au- ered for award provided that the re- certified mail and it is received before thorized) and it Is determined by the Gov- ceipt Qf the proposal is prior to a deci- award but it is not clear from the avail- ernment that the late receipt was due solely sion made by the contracting officer to to mishandling by the Government after re- able information whether it can be con- ceipt at the Government Installation; resolicit. See § 1-3.802-1(c) for the sidered, the offeror shall be promptly (3) It is the only proposal received; or meaning of the term "only proposal notified substantially in accordance with (4) It offers significant coot or technical received." the notice in § 1-2.303-6, appropriately advantage3to the Government, and It bs re- (e) Late proposals that are delayed modified to relate to proposals. Disposi- ceived before a determination of the compe- under circumstances other than delays tion of late proposals that cannot be con- titive range has been made. in the malls or mishandling at the Gov- sidered for award shall be in accordance (b) Any modification of a proposal is sub- ernment installation which are received ject to the same conditions as In (a) of this after a determination of the competitive with agency procedures. provision. (c) Where only one proposal is in- (c) The only acceptablo evidence to range shall not be evaluated or consid- volved and it is received after the time establish: ered for award. Also, where the request specified, it may be evaluated and consid- (1) The date of mailing of a late proposal for proposals provides that award may ered for awardin accordance with agency or modification sent either by registered mail be made without discussions with of- procedures. As used in this section the or certified mail is the U.S. Postal Service ferors, a late proposal shall not be evalu- term "only proposal received" means a postmark on the wrapper or on the original ated or considered if It is received after proposal which is one submitted by (1) receipt from the US. Postal Service. If neither the successful offeror has been selected postmark show3 a legible date, the proposal the only offeror responding to the re- or modification of proposal shall be deemed and the contract has been awarded. quest for proposals, (2) a sole source, to have been-malled late. (The term "post- (W Generally, contracting officers, as- or (3)an offeror who is offering propri- mark" means a printed, stamped, or other- sisted by audit or pricing personnel, will etary items in response to a request for wise placed Impression that is readily Identi- be able to make a determination of the proposals which specifies that-awards will fiable without further action as having been significance of any reduction in cost to be made on the basis of proprietary items supplied and alfixed on the date of mailing the Government offered by a late pro- identified by the offeror by brand name, by employees of the US. Postal Service.) posal. Determinations regarding signifi- model, type, or other identification. With (2) The time of receipt at the Government cant technical advantages shall be made installation Is the time-date stamp of such respect to (3) of this paragraph (c), the installation on the proposal wrapper or other In accordance with agency procedures. term does not mean an offer which is documentary evidence of receipt maintained (g) Determination of the competitive based on a performance specification or by the installation. range shall be made in accordance with a brand name'product which is specifi- (d) Notwithstanding (a) and (b) of this agency procedures. All offerors shall be cally identified in the request for provision, a late modification of an otherwLs notified at the same time whether or not proposals. successful proposal which makes Ita terms their proposals are within the competi- (d)-The normal revisions of proposals more favorable to the Government will be tive range, and the date of such notifica- by offerors, selected considered at any time It is received and may tion for discussion during be accepted. shall be considered to be the date the usual conduct of negotiations with (e) Proposals may be withdrawn by writ- of the determination. Debriefings of un- such offerors are not to be considered as ten or telegraphic notice received at any successful offerors shall be conducted in late pr5posals or later modifications to time prior to award. Proposals may be with- accordance with agency procedures; proposals but shall be handled in accord- drawn in person by an offeror or his author- however, debriefings should be conducted ance with § 1-3.805. Ized representative, provided his Identity is only after award has been made. made known and he signs a receipt for the (h) An offeror who has submitted a § 1-3.802-2 Alternate procedures for proposal prior to award. consideration of late proposals. late proposal that has not been accepted (c) Proposals that are received in the for consideration shall be notified in (a) When the head of the agency, or office designated in the request for pro- writing that the proposal was received his designee, determines that the proce- posals before the time specified for their late and will not be considered. The noti- dures set forth in § 1-3.802-1 are not ap- receipt shall be evaluated to determine fication shall set forth the reason why plicable to certain classes of negotiated which proposals are within the competi- the late proposal was not considered; procurement conducted by his agency, tive range established for the procure- e.g., did not offer significant cost or tech- he may authorize the adoption of the fol- ment action. There may be cases where nical advantage, received after a deter- lowing procedures for consideration of lateness due solely to a delay n the malls mination of the competitive range, re- late proposals and modifications (except or mishandling after receipt at the Cov- ceived after award. where the procurement of general pur- ernment installation results in a pro- (I) Modifications of proposals are cat- pose automated data processing equip- posal being redeived by the contracting egorized on the basis of time of receipt, ment is involved unless use of the pro- officer after the competitive range has as: (1) Receipt prior to a determination cedures set forth in this §.I-3.802-2 is been determined. In such cases the late of the competitive range, (2) receipt from expressly authorized by the Commis- proposal shall be evaluated, and, if offerors within the competitive range sioner, Automated Data and Telecom- found to be within the competitive range, during negotiations, and (3) receipt at munications Service, GSA). shall be given the same consideration any time from an otherwise successful (b) Requests for proposals that fall as other proposals within the competi- offeror. Modifications received prior to a within a class of negotiated procurement tive range. determination of the competitive range for which it has been determined, in ac- (d) A late proposal that Is delayed due shall be considered In the evaluation of cordance with § 1-3.802-2(a), that the to circumstances other than those set the proposals which they modify Mod- requirements of § 1-3.802-1 are not ap- forth in the provision contaned in § 1- ifications received after a determination plicable shall contain *the following 3.802-2(b) which offers significant cost of the competitive range shall be consid- provision: or technical advantages to the Govern- ered only if they modify proposals which ment shall be evaluated provided It is are within the competitive range and are L&TE PROPOSArs, MODMIcArIONS OF PnOPOSALS, received before a determination of the received prior to the date for completion AN WrrHDsAwA.s oP PRoPos.s competitive range has been made. Where of negotiations established by the con- (a) Any proposal received at the office de- the evaluation results in a determination tracting officer. All offerors within the signated in the solicitation after the exact time specified for receipt will not be con- that the proposal is within the competi- competitive range shall be notified in sidered unless it is received before award is tive range, the proposal shall be given writing of the date for completion of made, and: the same consideration as other pro- negotiations. Modifications received af-

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26916 RULES AND REGULATIONS ter the date set shall not be considered. drawals whenever the form Is used in pro- attendance are adopted with clarifying However, a modification received from curement by negotiation. changes in the provisions regarding Fed- * * * * * eral fri'ancial participation ( 233.90 an otherwise successful offeror which is (c) (1) (vi)). advantageous to the Government shall Subpart 1-16.4-Forms for Advertised be considered at any time. Section 233.90, Part 233, Chapter II, Construction Contracts Title 45 of the Code of Federal Regula- Section 1-16.401 Is amended by re- tions Is -amended by adding subpara- PART 1-7-CONTRACT CLAUSES vising paragraph (f).'As revised, para- graphs (2) and (3) to paragraph (b) Subpart 1-7.1-Fixed-Price Supply graph (f) reads as follows: and by revising paragraph (c) (1) (vi) as Contracts § 1-16401 Forms prescribed. set forth below: Section 1-7.103-23 is revised to read as ** * * * § 233.90 Factors specific to AFDC- follows: (f) Instructions to Bidders (Construc- tion Contract) -(Standard Form 22, (b) Conditionfor plan approval. (1) A § 1-7.103-23 Late offers and modifica- October 1969 edition). Pending'the pub- child may not be denied AFDC either tions or withdrawals. - lication of a new edition of the form, initially or subsequently "because of the (a) Insert the provision set forth in the Late Bids, Modifications of Bids, or conditions of the home in which the child §1-2.201(a)(31) in all formally adver- Withdrawal of Bids provision prescribed resides", or because the home Is con- tised solicitations. by § 1-2.201(a) (31) shall be substituted sidered "unsuitable", unless "provision (b) The provision set forth in for provision 7 entitled Late Bids and is otherwise made pursuant to a State § 1-3.802-1(b) shall be used In all nego- Modifications or Withdrawals whenever statute for adequate care and assistance tiated solicitations except as provided by the form is used in the procurement of with respect to such child". (Section § 1-3.802-2(a). construction by formal advertising; and 404(b) of the Social Security Act.) (c) The provision set forth in § 1-3.802- the Late Proposals,.Modifications of Pro- (2) An otherwise eligible child who is 2(b) may be used in negotiated solicita-- posals, and Withdrawals of Proposals under the age of 18 years may not be tions under the-conditions prescribed in provision prescribed by § 1-3.802-1(a) or denied AFDC, regardless of whether he § 1-3.802-2 (a). the Late Proposals, Modifications of Pro- attends school or makes satisfactory Subpart 1-7.6--Fixed-Price Construction posals, and Withdrawals of Proposals .grades. Contracts prescribed by § 1-3.802-2(b) (when au- (3) If a State elects to Include in Its thorized by the head of the agency) shall AFDC program children 18 and over, It Section 1-7.602-1 is revised to read as be substituted for provision 7 entitled must include all children 18 years of ago follows: Late Bids and Modifications or With- and under 21 who are students regularly § 1-7.602-1 - Late bids and modifications drawals whenever the form Is used In attending a school, college, or university, or withdrawals. procurement by negotiation, or a course of vocational or technical * a . * a training designed to fit them for gainful. (a) Insert the provision set forth In § 1-2.201(a) (31) in all fomally adver- (Sec. 205(c), 63 Stat. 390; (40 U.S.C. employment. tised solicitations. 486(c)).) (c) Federal financial participation. is (1) * (b) The provision set forth in § 1- Effective date.-This amendment a 3.802-1(b) shall be used in all negotiated bidseffctive and 'withrequests respect for toproposals invitations issued for (vi) "Student regularly attending solicitations except as provided by § 1- school, college, or university, or regularly on and aftei October 25, 1973, but may attending a course 3.802-2(a) (see also § 1-18.306). be observed earlier , of vocational or tech- nical training designed to fit him for (c) The provision set forth in § 1-3.802- gainful employment." A child may be 2(b) may be used in negotiated solicita- Dated September 20, 1973. considered a student regularly attending tions under the conditions prescribed in § 1-3.802-2(a) (see also § 1-18.306). AnZiri F. SALaPsON, a school or a training course: "Administratorof General Services. (A) If he Is enrolled in and physically attending a full-time (as certified by the PART 1-16-PROCUREMENT FORMS [FR Doc.73-20648 Filed 9-26-73;8:45 am] school or Institute attended) program of study or training leading to a certificate, Subpart 1-16.1-Forms for Advertised .diploma or degree; or Supply Contracts Title 45-Public Welfare CHAPTER Il-SOCIAL AND REHABILITA- (B) If he is enrolled in and physically Section 1-16.101 is amended by xevis- TION SERVICE (ASSISTANCE PRO- attending at least half-time (as certified Ing paragraph (b). As revised, paragraph GRAMS), DEPARTMENT OF HEALTH, by the school or institute attended) a (b) reads as follows: EDUCATION, AND WELFARE program of study or training leading to § 1-16.101 Contract forms. PART 233-COVERAGE AND CONDITIONS 'a certificate, diploma or degree and Is OF ELIGIBILITY IN FINANCIAL ASSIST- regularly employed In or available for and actively seeking part-time employ- (b) Solicitation Instructions and Con- ANCE PROGRAMS ment; or. ditions (Standard Form 33A, March 1969 Age and School Attendance in AFDC (C) If he is enrolled in and physically edition). Pending the publication of a Notice of proposed rulemaking for the attending at least half-time (as certified new dition of the form, the Late Bids, program of Aid to Families with Depend- by the school or institute attended) a Modifications of Bids, or Withdrawal of ent Children (AFDC) was published in program of study or training leading to Bids ,provision prescribed by § 1-2.201 the FEDERAL REGISTER on December 19, a certificate, diploma or degree and is (a) (31) shall be substituted for provision 1972 (37 FR 27637). The Notice included -precluded from full-time attendance or 8 entitled Late Offers and Modifications proposed regulations related to age and part-time employment because of a verl- or Withdrawals whenever the form is school attendance, in response to the Su- Med physical handicttp. used in the procurement of supplies or preme Court decision in Townsend v. Tnder this interpretation: services by formal advertising, and the Swank. (D) Full-time and half-time attend- Late Proposals, Modifications of Propos- There were no objections to the age ance are defined, as set forth In Veterans als, and Withdrawals of Proposals provi- and school attendance requirements, but 'Administration requirements: sion prescribed by § 1-3.802-1(a) or the one State asked for an additional re- (1) In a trade or technical school, In Late Proposals, Modifications of Pro- quirement that children age 18 or over' a program involving shop practice, full- posals, and Withdrawals of Proposals who are in school or training must be time is 30 clock hours per week and half- -prescribed by § 1-3.802-2(b) (when au- achieving passing grades or-making sat- time Is 15 clock hours; in a program thorized by the head of the agency) shall isfactory progress. without shop practice, full-time Is 25 be substituted for provision 8 entitled After consideration of the comments, clock hours and half-time is 12 clok ate Offers and Modifications or With- the provisions regarding age and school, hours;

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 26917

(2) In a college or university, full- 80215. Hunting shall be in accordance boma Department of Wildlife Conserva- time is 12 semester or quarter hours and with all applicable State regulations gov- tion, 1801 North Lincoln, Oklahoma City, half-time is 8 semester or quarter hours; erning the hunting of pheasants subject Okla. 73105. Application may be made - (3) Tn a secondary school, full-time is to the following special conditions: by letter, and must contain the Appli- 25 clock hours per week or 4 Carnegie (1) ImoN sHoT. The exclusive use of 12 cants name, address, and Oklahoma deer units per year and half-time is 12 clock gage iron shot in Area A will be required hunting license number. Application for hours or 2 Carnegie units; on odd numbered days beginning No- bow hunting may be made between Sep- (4) In a secondary education program vember 11, 1973 and continue through tember 1 and September 30, 1973. Appli- of cooperative training or in apprentice- the balance of the hunting season or cation for guir hunting may be made ship training, full-time attendance is as until the refuge supply of iron Shot Is between September 15 and October 15, defined by State regulation or policy; exhausted if this occurs first. 1973. Hunting shallbe in accordance with (2) ROADS. No hunting is permitted all applicable State regulations covering (E) A child shall be considered in reg- from roadways or within 100 yards of the hunting of deer subject to the follow- ular attendance in months in which he roadways. Ing special conditions: is not attending because of official school (3) nm;Tia cEc srxorr. Each (1) The bow hunting season is Octo! or training program vacation, illness, hunter who enters Area A Is required to her 27, 28-and November 3, 4, 10 and 11, convalescence, or family emergency, and register at the checking station and 1973. for the month in which he completes or check out before leaving the refuge. (2) The gun hunting season is Novem- discontinues ,his school or training (4) PARKG. Hunters may park cars ber 17,18,20,21,24 and 25,1973. program. only at designated areas within the (3) Hunters must check in at the ref- (See. 1102, Stat. 647 (U.S.C. 1302)). refuge. uWe office prior to entering the assigned (5) RouTns or Tavm. To reach open hunting area and must check out at the Effective date.-These regulations in area. hunting area, travel is permitted on foot refuge office before leaving the this section shall become effective on The provisions of this special regula - from refuge checking station November 26, 1973. or bicycle tion supplement the regulations which over roads between Units 1 and 2 and wildlife refuge areas . Dated August 20, 1973. Units 2 and 3. govern hunting on generally which are set forth in Title 50, JAMs S. DwH, Jr., The provisions of this special regula- Code of Federal Regulations, Part 32, and Administrator,Social and tion supplement the reaulations which are effective through November 25, 1973. RehabilitationService. govern hunting on wildlife refuge areas are set forth in Title 50, ROrALD S. SULuVAI, Approved September 21, 1973. generally which Code of Federal Regulations, Part 32, Refuge Manager, Salt Plains -CAsPR W. WEIEEGER, and are effective through December 0, National W/idlife Refuge, Jet, Secretarg. 1973. O:lZahoma. IPR Pled 9-n6--73;8:45 am] LLOYD F. Gurn=rt, SEPTE3mEn 15,1973. Doc.73-20603 Refuge Manager, Bcar Rfrcr Migratory Bird Refuge, Brig- [FM Io.'3-2O5 PFled 9--26-73;8:45 m1 Title 50-Wildlife and Fisheries ham City, tal. OF SPORT FISH- Title 6-Economic Stabilization CHAPTER I-BUREAU SEPTE=Eu 18, 1973. ERIES AND WILDLIFE, FISH AND WILD- CHAPTER I-COST OF LIVING COUNCIL LIFE SERVICE, DEPARTMENT OF THE IFR Doc.m73-20534 Fd 0-2C-73:8:45 am] INTERIOR PART 150-COST OF LIVING COUNCIL; PHASE IV PRICE REGULATIONS PART- 32-HUNTING PART 32-HUNTING Correction Bear River Migratory Bird Refuge, Utah Salt Plains National Wildlife Refuge, Okla. appearing at page The following special regulation s is- In FR Doc. 73-20469 The following special regulation Is Is- 26011 for the Issue of Monday, Septem- sued and is effective September 27, 1973. sued and is effective September 27, 1973. ber 24, 1973, change the third paragraph § 32.22 Special regulations; upland § 32.32" Special regulations; big game; of the preamble to read as follows: game; for individual wildlife refuge for individual wldlife refuge area% "The present small business exemption areas. OHLAHo A in § 150.60 does not apply to firms en- UTAH gaged In construction operations. That NATIONAL WIRDLIFE REFUGE BEAR RIVER MIGRATORY BIRD REFUGE SALT PLAWS section is being amended to exempt from Public hunting of deer s permitted on the operation of Phase IV price regula- Public hunting of pheasants on the tions those small firms which are en- Bear River Migratory Bird Refuge, Utah, the Salt Plains National Wildlife Refuge,. Oklahoma, but only on the area desig- gaged in construction operations but is permitted from November 10 through have annual sales and revenues from con- December 9, 1973, inclusive, but only on nated by signs as open to hunting. This open area, comprising 2,347 acres, Is struction operations of no more than $1 the area designated by signs as open to million." hunting. This open area, comprising delineated on maps available at refuge 9,495 acres, is delineated on maps and headquarters, Jet, Oklahoma, and from ILsued In Washington, D.C. on Sep- Bu- shown as "Area A" which are available the office of the Regional Director, tember 25, 1973. reau of Sport Fisheries and Wildlife, P.O. at refuge headquarters, Brigham City, Box 1306, Albuquerque, N. Me . 87103. WILLIA IN. WsAxr, Utah, and from the Regional Director, Participants are to be selected on the GeneralCounsel, Bureau of Sport Fisheries and Wildlife, basis of a special drawing, and Applica- Cost of Living Council. 10597 West 6th Avenue, Denver, Colo. tions are to be submitted to the Ok~a- lPRDc.73-2 Yl17led 9-26-73;10:27 ami

No. 187-Pt. I--- FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SETEMBER 27, 1973 26918 Proposed Rules

This section of the'FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purposo of thse notcs is to give Interested persons an opportunity to participate in the rulemaking prior to the adoption of the final rules.,

DEPARTMENT OF THE TREASURY other hand, if such expenditure results payer's wife who is afflicted with heart in the betterment of property (such as disease will not be required to climb Internal Revenue Service an elevator or air conditioner in the tax- stairs. If the cost of installing the ele- [26 CFR Part 1 payer's home) and otherwise qualifies vator is $1,000 and the increase in the as P deductible medical expense, such ex- value of the residence is determined to INCOME TAX penditure is deductible as a medidal ex- be only $700, the difference of $300, which Medical Expense Deduction for Operation pense only to the extent the expenditure is the amount in excess of the value en- and Maintenance of Capital Assets exceeds the increase in the value of the hancement, is deductible as a medical Notice is hereby given that the regula- related property. The amendment to the expense. If, however, by reason of this tions set forth in tentative form in the present regulations is to make clear that expenditure, it is determined that the attached appendix below are proposed.to expenditures for the operation and main- value of the residence has not been in- be prescribed by the Commissioner of In- tenance of a capital asset are deductible creased, the entire cost of installing the ternal Rev6nue, with the approval of the medical expenses when such expendi- elevator would qualify as a medical ex- Secretary of the Treasury or his delegate. tures have as their primary purpose the pense. Expenditures made for the opera- Prior to the final adoption of such regUi- medical care of the taxpayer, his spouse, tion or maintenance of a capital asset lations, consideration will be given to any or his dependent. are likewise deductible medical expenses comments or suggestions pertaining Proposed amendments to the regula- if they have as their primary purpose thereto which are submitted in writing tions. In order to clarify the deduction the medical care (as defined in subdivi- (preferably six copies) to the Commis- for medical expenses, paragraph (e) (1) sions (1) and (Ii) of this subparagraph) sioner of Internal Revenue, Attention: (ill) of § 1.213-1 of the Income Tax Reg- of the taxpayer, his spouse, or his de- CC:LR:T, Wahington, D.C. 20224, by ulations (26 CFR Part 1) is amended to pendent. Normally, if a capital expendi- October 29, 1973. Written comments or read as follows: ture qualifies as a medical expense, ex- suggestions which are not exempt from § 1.213-1 MIedical, dental, etc. expenses. penditures for the operation or main- disclosure by the Internal Revenue Serv- tenance of the capital asset would also ice may be inspected by any person upon qualify provided that the medical reason compliance with 26 CFR 601.702(d) (9), (e) Deftnitions-(1) General. * * for the capital expenditure still exists, The provisions of 26 CFR 601.601(b) (iii) Capital expenditures are gener- The entire amount of such operation and shall apply with respect to the designa- ally not deductible for Federal income maintenance expenditures qualifies, even tion of portions of comments or sugges- tax purposes. See section 263 and the if none or only a portion of the original tions as exempt from disclosure. Any per- regulations thereunder. However, an ex- cost of the capital asset itself qualified, son submitting written comments or sug- penditure which otherwise qualifies as gestions who desires an opportunity to a medical expense under section 213 shall [FR Doc.73-20661 Filed 9-26-73;1.45 am] comment orally at a public hearing on not 'be disqualified merely because it is a these proposed regulations should submit capital expenditure. For purposes of sec- his request, in writing, to the Commis- tion 213 and this paragraph, a capital DEPARTMENT OF THE INTERIOR sioner by October 29, 1973. In such case, expenditure made by the taxpayer may Bureau of Land Management a public hearing will be held, and notice qualify as a medical expense, if it has as of the time, place, and date will be pub- its primary purpose the medical care (as [43 CFR'Parts 3000,3200] lished in a subsequent issue of the.Fed- defined in subdivisions (i) and il) of GEOTHERMAL RESOURCES this subparagraph) of the taxpayer, his eral Register, unless the person or per- Leasing on Public, Acquired and Withdrawn sons who have requested a hearing with- spouse, or his dependent. Thus, a capital Lands; Extension of Time for Public draw their requests for a hearing before expenditure which is related only to the -Comment notice of the hearing has been filed with sick person and is not related to per- the Office of the Federal Register. The manent improvement or betterment of The purpose of this notice is to extend proposed regulations are to be issued property, if it otherwise qualifies as an the time for public comment on proposed under the authority contained in section expenditure for medical care, shall be geothermal regulations published on 7805 of the Internal Revenue Code of deductible; for example, an expenditure pages 19748-19765 of the July 23, 1973, 1954 (68A Stat. 917 (26 U.S.C. 7805)). for eye glasses, a seeing eye dog, arti- FEDERAL REGISTER and amended by a no- ficial teeth and limbs, a wheel chair, tice published August 8, 1973 on page [SEAL] DONALD C. ALEXANDER, crutches, an inclinator or an air condi- 21416. Commissioner of Internal Revenue. tioner which is detachable from the The period for submitting written This document contains a proposed property and purchased only for the use comments, suggestions, or objections, is amendment to paragraph (e) (1) (ill) of of a sick person, etc. Moreover, a capital hereby extended to a date 24 days after § 1.213-1 of the Income Tax Regulations expendituire for permanent improvement the final environmental impact state- (26 CFR Part 1) to clarify the deduction or betterment of property which would ment regarding the development of geo- for medical expenditures. Although capi- not ordinarily be for the purpose of med- thermal resources is filed with the Coun- tal expenditures do not generally qualify ical care (within the meaning of this cil on Environmental Quality in accord- as deductible medical expenses, such ex- paragraph) may, nevertheless, qualify ance with section 102 of the National penditures are, however, ded~ctible if. as a medical expense to the extent that Environmental Policy Act of 1969 (42 their primary nurpose is the medical the expenditure exceeds the increase in U.S.C. 4332). Notice of the availability the value of the related property, if the of the statement and final date for re- care of the taxpayer, his spouse, or his ceipt of comments on the proposed regu- dependent. If such expenditure does not particular expenditure is related directly to medical care. Such a situation could lations will be published in the FnVIMIAL result in the permanent improvement or arise, for example, where a taxpayer is REGISTER. It is anticipated that the state- betterment of property, the expenditure advised by a physician to install an ele- ment will become available in early is fully deductible when paid. On the vator in his residence so that the tax- October.

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEiBER 27, 1973 PROPOSED RULES 26919

Interested parties may submit written 2. The title and text of § 206.7 is pro- (g) Necessary employees in active comments, suggestions, or objections posed to be amended as follows: duty status, requested to attend a hear- with respect to the proposed regulations Ing as witnesses pursuant to an apprcved § 206.7 Requests for appearance of wit- "Request for Appearance of Witnesses" to the Geothermal Coordinator, Depart- nesses and production of documents ment of the Interior, Washington, D.C. at hearing and requests for author- In any case under Parts 202, 203, 204, 20240. ized representation election observ- or 205 of this chapter, shall be on official LAUR CE E. LYNN J r., ers. time, which shall include the payment Secretary of the Interior. of any necessary transportation and per (a) Assistant Regional Directors for diem expenses by the employing agency SEPrEBER 21, 1973. Labor-Management Services, Hearing or activity. [FR Doc.73-20525 Plied 9-26-73;8:45 am] Officers, or Administrative Law Judges, as appropriate, upon their own motion or Signed at Washington, D.C, this 21st upon the motion of any party to a pro- day of September 1973. DEPARTMENT OF LABOR ceeding, may issue a "Request for Ap- PAUL J. PASs, Jr. Office of the Assistant Secretary for Labor- pearance of Witnesses" or a "Request for A."sant Secretaryof Labor Management Relations Production of Documents" at a hear- for Labor-ManagementRelations. ing or a "Request for Authorized Repre- [29 CFR Parts202, 206] sentation Election Observers" at a repre- [FR Doc.73-20Z3 Piled 9-2E-73;8:45 ami GRANTING OFFICIAL TIME FOR sentation election supervised by a ELECTIONS & HEARINGS representative of the Assistant Sec- DEPARTMENT OF AGRICULTURE Notice of Proposed Rulemaking retary, pursuant to Parts 202, 203, 204, Rural Electrification Administration and205 of this chapter. Notice is hereby given that pursuant to (b) A party's motion to an Assitant [7CFR Part 1701 ] section 6(d) and 18(d) of Executive Regional Director for Labor-Manage- Order 11491 (34 FR 17605) as amended by REA SPECIFICATIONS FOR RURAL ment Services shall be In writing and TELEPHONE FACILITIES Executive Order 11616 (36 FR 17319), filed with the Assistant Regional Di- -the Assistant Secretary of Labor for rector for Labor-Mangement Services Proposed Revision of Telephone System Construction Contract, Labor and Mate- Labor-Management Relations proposes not less than ten (10) days prior to the to amend Parts 202 and 206 of Chapter rials and Associated Specifications and opening of a hearing or the mpervising Drawings II, Subtitle B, of Title 29 of the Code of of a representation election by a repre- Federal Regulations as set forth below. sentative of the Assistant Secretary, Notice is hereby given that, pursuant .These proposed amendments would pursuant to Parts 202, 203, 204, and 205 to the Rural Electrification Act, as 'authorize the granting of official time of this chapter. After the opening of a amended (7 U.S.C. 901 et seq.), includ- status to authorized representation hearing, such motions shall be made to ing the amendment thereto enacted by election observers and to necessary em- the Hearing Officer or Administratve Pub. . 93-32. EA proposes to issue ployees participating in hearings held Law Judge. All such motions shall name REA Bulletin 381-2 to announce a revi- pursuant to the Assistant Secretary's and identify the witnesses, documents, sion of REA Forms 511, 511a, 511c, and authority under section 6(a) of Execu- or authorized representation election lId, as well as the Introduction of new tive Order 11491 as amended. observers sought, and state the reasons REA Forms 511f and 511g. REA Form Interested persons are invited to sub- therefor. Coples shall be served on the 511 is entitled "Telephone System Con- mit written comments, suggestions, or other parties simultaneously with the struction Contract, Labor and Mate- objections regarding this proposal to the Ming of the motion with the Assitant rials," while REA Forms 511a through Assistant Secretary of Labor for abor- Regional Director for Labor-Manage- 511g cover specifications and drawings Management Relations, Attn: Office of ment Services, and a written statement for different classes of telephone plant Relations, -Federal Labor-Management be fled with construction. On issuance of REa Bulle- U.S. Department of Labor, Washington, certifying service shall also the Assistant Regional Director for tin 381-2, Appendix A to Part 1701 will D.C. 20216 not later than -October 12, Labor-Management Services.. be modified accordingly. 1973. Persons Interested in the revision of All -written materials or suggestions RFA Forms 511 and 511a through 5!Ig submitted in response to this notice of (e) A motion shall be granted by the may submit written data, views-or com- proposed rulemaking will be available for Assistant Regional Director for Labor- ments to the Director, Telephone Op- inspection at the Office of Federal Labor- Management Services, Hearing Officer. erations and Standards Division, Rural Management Relations, U.S. Department or Administrative Law Judge after care- Electrification Administration, Room of Labor, Room 418, 8757 Georgia Ave- ful consideration of any objections and 1355, South Building, U.S. Department nue, Silver Spring, Maryland during upon the determination (1) that the 9f Agriculture, Washington, D.C. 20253, regular business hours. testimony, documents, or the presence of not later than October 29, 1973. All writ- Chapter I, Subtitle B, of Title 29 is authorized representation election ob- ten submissions made pursuant to this proposed to be amended as follows: servers appears to be necessary to the notice will be available for public inspec- L Paragraph (f) of § 202.17 is pro- matters involved and (2) that the tion at the Office of the Director, Tele- posed to be amended to read as follows: motion describes with sufficlent partic- phone Operations and Standards Divi- § 202.17 Election procedure. ularity the documents sought. Service of son during regular business hours. an approved "Request for Appearance of A copy of the revision of each of the Witnesses", "Request' for Authorized (f) Any party may be represented at above mentioned REA Forms may be se- Representation Election Observers', or cured in person or by written request the polling place(s) by observers of its 'Sequest for Production of Documents" own selection, subject to such limitations from the Director, Telephone Operations Is the responsibility of the requesting and Standards Division. as the Area Administrator may-prescribe. party. If any party, officer, or official Necessary employees in active duty of any party fails to comply with such a The text of RFA Bulletin 381-2 an- status -who are requested to serve as request or obstructs service of a request, nouncing the revision of these forms is authorized representation election ob- the Assistant Regional Director for as follows: servers pursuant to an approved "Re- Labor-Management Services, Hearing RRA Bu aTz-r 381-2 quest for Appearance of Authorized Rep- Officer, Administrative Law Judge, or the sYS'nax coNS-=UcT cos'rnacT, resentation Election Observers" shall be Assistant Secretary may disregard all re- TELEPHlONE rLssox AIM M&TrazhS F=1 TO=s 522 on official time, which shall include the lated evidence offered by the party fall- payment of any necessary transportation ,L Purpose. To announce a general revision Ing to comply or to take such other of the Telepone System Construction Con- - and per diem expenses by the employing action as may be appropriate. tract, Labor and Materia% uEA Po-an 511; agency or activity. S. S S chanzes In EA Forms 512a. 5Ue, and 511d;

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26920 PROPOSED RULES

and the introduction of new REA Forms E. REA Form 511d (10-73). 1. New assem- may not receive payments under Medi- 511f and 511g. bly units UP and HU' have been included in care because of a determination by the Ir. General. A. While references will be this document to provide for compensation Secretalr relating to false or excessive made in this bulletin to some of the changes, when working with -illed cables. This form it is important that those who work with this entitled "Specifications and Drawings for claims; require that Federally-matched document obtain a copy and become famillar Underground Cable Installation" will bear a mechanized claims processing and Infor- with its contents. The revised REA Form 511 new date and be available at no charge from mation retrieval systems Include provi- Is available from the Superintendent of REA upon request. sion for notice to recipients of services Documents, Public Documents Distribution 2. New assembly units HOP for filled bur- furnished; and require States to notify Center, Pueblo Industrial Park, Pueblo, Colo- ied cable splicing, as well as UGF for filled providers and recipients of the Federal rado 81008. Orders for the purchase of REA cable plant loading coils, building out ca- penalties for fraudulent acts and false Form 511 should be prepared on REA Form pacitors, and junction impedance compen- 33. Copies of Form 33 are available from REA sators have also been included. reporting. upon request. F. .REA- Form 511e (11-70). 1. This par- Prior to the adoption of the proposed B. REA Forms 511a through 511g are set ticular document has not been revised and regulations, consideration will be given up to provide specifications and drawings for bears its original issue date. This form en- to any comments, suggestions, or objec- the different classes of construction. Each of titled "Specifications and Drawings for Sta- tions thereto which are submitted In writ- these forms s available at no charge from tion Carrier Equipment Installation" will be ing to the Administrator, Sodial and Re-' REA upon request. available at no charge from REA upon re- habilitation Service, Department of C. Borrowers' engineers are to use the quest. newly revised REA Form 511 on all plans and G. REA Form 511f (10-73). 1. This new Health, Education, and Welfare, 330 In- specifications prepared for projects to be bid document entitled "Specifications and Draw- dependence Avenue, SW., Washington, after January 1, 1974. This is not intended ings for Construction of Pole Lines and Aer- D.C. 20201 on or before October 20, to restrict its use before January 1, 1974. ial Cable and Wires." Its contents were for- 1973. Comments received will be avail- I. PrincipalChanges in the Construction merly in REA Form 511a. Copies will be able for public inspection In Room 5121 Contract.-A. REA Form 511 (10-73). 1. Sec- available at no charge from REA upon re- of the Department's offices at 301 C tion 0 in the Notice and Instructions to Bid- quest. Street, SW., Washington, D.C. on Mon- ders and Section 14 in the Contractor's Pro- 2. The CF assembly units covering the In- posal have been reworded to include reference stallation of Figure 8 cables were deleted. day through Friday of each week from to taxes on services or labor %ofinstallation 3. Restrictions on the number of pairs and 8:30 am. to 5 p.m. (area code 202-903- of materials, supplies and equipment. The size of support wire messenger have been 7361). unit prices for assembly units include the imposed under the DW assembly'units. (See. 1102, 49 Stat. 047 (42 U.S.C. 1302).) cost of such taxes, if applicable. 4. All details relating to the installation of 2. The listing of REA Forms on page 9 haa paper-insulated, lead-sheathed cables and Dated July 26, 1973, been revised by deleting the reference to the accessory items such as cable terminals, IWEA Form 511b and by including additional have been deleted. JATES S. DWIZGT, Jr., reXrences to REA Forms 511f and 511g. The H. REA Form 511g (10-73). 1. This is a Administrator,Soqial and titl of REA Form 511a has also been new document entitled "Specifications and Rehabilitation Service, cha~iged. The reference to REA Splicing Drawings for Station Installations." Its con- Approved September 19, 1973. Standard PC-1 has also been deleted. tents were formerly in REA Form 51Ua. Cop- * 3. Provisions have bedn included for the ies will be available at no charge from REA CASPER W. WEINBERGER, engineer to specify salt type wood preserva- upon request. Secretary. tives (CCA or ACA) for pole units in Sec- 2. New BKBF assembly units were also tion 1 of the Contractor's Proposal. added to provide for the use of filled buried Section 250.80 of Part 250, Chapter XI, 4. A provision on environmental protec- wire for services. Title 45 of the Code of Federal Regula- tion, Article Ir, Section f, (e), has been added tions is revised to read as set forth below: relating to the contractor's responsibilities in Questions concerning the revised Con- performance of work under the contract. tract and Specifications may be referred § 250.80 Fraud in the medical assit- B. REA Form 511a (10-73). 1. The title of to the Chief, Outside Plant Branch, Tel- ance program. this form has been changed from "Specifica- ephone Operations and Standards Divi- (a) State plan requirements. A State tions and Drawings for Construction of Pole sion, Rural Electrification Administra- Lines, Aerial Cables and Wires, Buried Cables plan for medical assistance under title tion, United States Department of Agri- X=X of the Social Security Act must: and Wires, and Station Installations," to culture, Washington, D.C. read "Specifications and Drawings for Con- 20250, Area (1) Provide that the State agency will struction of Buried Cables and Wires." Code 202-447-2837. establish and maintain (i) methods and 2. The BW assembly units associated with Dated September 21, 1973. criteria for Identifying situations in the use of nonfilled buried distribution wire which a question of fraud in the pro- have been deleted. C. R. BsArA , gram may exist, and (Ii) procedures de- 3. New BWF assembly units covering one- Assistant Administrator,Telephone. pair, two-pair,-and three-pair sizes of filled veloped in cooperation with State legal buried wire have been added. [FR Doc.73-20599 Filed 9-26-73;8:45 am] authorities for referring to law enforce- 4. New assembly units BDF, BGF, HBF and ment officials situations in which there HCF have been added for the purpose of pro- DEPARTMENT OF HEALTH, is valid reason to suspect that fraud has viding for compensation when working with EDUCATION, been practiced. The definition of fraud filled cables and wires. AND-WELFARE for purposes of this section will be doter- 5. Provisions have been included for the Social and Rehabilitation Service mined in accordance with State law. use of the vibratory type of plow. (2) Provide for methods of Investiga- 6. Provisions were included for the use of [45CFRPart250]E tion of situations In which there Is a a rodent repellent applied in the sol during FRAUD IN MEDICAL ASSISTANCE question of fraud that do not infringe on the burial of the cable and vire. Assembly PROGRAM the legal rights of persons involved and unit BM74 has been established for this pur- are consistent pose. Notice of Proposed Rulemakdng with principles recognized as affording due process of law. C. REA Form 511b (10-73). 1. This form Notice is hereby given that the regula- entitled "Specifications and Drawings for (31 Provide that the State agency will tions set forth in tentative form below designate positions that are responsible Open Wire Construction" will no longer be are proposed by the Administrator, Social available from the for referring situations Involving sus- Superintendent of Docu- and Rehabilitation Service, with the ap- ments, United States Government Printing pected fraud to the proper authorities. ,Office, Washington, D.C. This type of con- proval of the Secretary of Health, Edu- (4) Provide that the State agency will struction is extremely limited. However, if a, cation, and Welfare. The proposed regu- establish and maintain procedu'es for copy is desired in the future, it wil be avail- lations implement sections 229(c), 235, reporting promptly to the Social and Re- able at no chqrge from REA upon request. and 242(c), of Pub. L. 92-603, Social habilitation Service (i) by a numbering D. REA Form 511c (10-73). 1. Minor Security Amendments of 1972, which re- changes in the description of the UD assem- system which does not disclose identity late to the medical assistance program of the provider (unless the Social and bly unit have been made. This form entitled administered under title X of the "Specifications and Rehabilit4tion Service specifically re- Drawings for Conduit Social Security Act. The regulations pro- and Manhole Construction" will bear a new quests such disclosure) each case of sus- date and be available at no charge from REA hibit Federal financial participation in pected fraud by a provider which has upon request. Medicaid payments to providers who been referred by the State or local agency

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 PROPOSED RULES 126921

to law enforcement officials for appropri- prompt notification to the State agency Regulations No. 4 of the Social Security ate action and subsequently (ii) the dis- of such providers or persons with respect Administration, as amended (20 CFR position thereof by such law enforcement to whose services payments may not be 404.1 et seq.), are further amended to officials. made under title XVIII of the Social Se- read as follows: (5) (i Provide for the following state- curity Act. 1. Section 404.308 Is amended by revis- ments (or alternate wording approved by [FR Doo.73-20604 Filed 9-20-73;8:45 am] Ing paragraph (a), redesignating para- the Social and Rehabilitation Service Re- graphs (b) and (c) as (c) and (d), re- gional Commissioner) to be imprinted In spectively, and adding thereto a new boldface type on all provider claims - Social Security Administration paragraph (b), as follows: forms above the claimant's signature: [20 CFR Part 404] § 404.303 - Disability insurance benefits: is to certify that the fore- (A) "This [Rcg. N o. 4] wahlingperiod. going information is true, accurate, and months prior OLD-AGE, SURVIVORS, AND (a) Benefits Payablefor complete." FEDERAL An individual's waiting "I understand that payment and DISABILITY INSURANCE to January1973. (B) period for benefits payable prior to Janu- claim will be from satisfaction of this Disability Waiting Period Requirement ary 1973 Is the earliest period of 6 full and State -funds, and that any Federal throughout or documents, Notice is hereby given pursuant to the consecutive calendar months false claims, statements, the individual has been under a of a material fact, may Administrative Procedure Act (5 U.S.C. which or concealment disability (as defined in section 223(c) of prosecuted under applicable Federal 553) that tha amendments to the regula- be the Act) ; however, an individual's "wait- or State laws"; or alternatively, tions set forth in tentative form below ing perlod" can begin no earlier than the (ii) Provide for the following wording are proposed by the Acting Commlsloner of Social Security, with the approval of later of: to appear on the reverse of checks (or (1) The first month such individual is above the Secretary of Health, Education, and warrants) payable to all providers insured for disability insurance benefits the claimant's endorsement: Welfare. The proposed amendments re- flect changes effected by section 116 of (see § 404.116) ; I understand that endorsement hereon Pub. L. 92-603, which lowers the waiting (2) The 18th month before the month or deposit to the accounts of the within period an individual must serve In order n which such Individual's application for named payee is done with the understanding is filed; or that payment will be from Federal and State to teceive benefits under title II of the disability insurance benefits funds and that any false claims, statements, Act on the basis of his disability and/or (3) January 1, 1957. or documents, or concealment of a material to establish a period of disability. The For purposes of this paragraph, where fact, may be prosecuted under applicable amendment is effective for benefits pay- the individual's disability begins on the Federal or State laws. able after December 1972 based on ap- first day of the month and continues through the last day of the month, such for plications filed in or after October 1972, (6) Provide for establishing a basis month is considered as a full calendar -with recipients whether serv- or applications filed prior to October 1972 verifying month. by providers were actually re- on which notice of a final decision had ices billed (b) Benefits Payahlie for months after ceived. Such basis may be by random not been given the applicant or a deci- sion in a civil action commenced pur- Decciber 1972. An individual's waiting sample of patients for each provider who period for benefits payable after Decem- paid significant amounts under the suant to section 205(g) of the Act had is ber 1972 is the earliest period of 5 full and for groups of providers, not become final before October 1972. program consecutive calendar months throughout none of whom receive a significant Prior to final adoption of the proposed under a disability (as except that a State which under amendments consideration will be given which he has been amount, defined in section 223(c) of the Act); section 1903(a) (3) (B) of the Act re- to any data, views, orarguments pertain- ing thereto which are submitted In writ- provided that: ceives Federal matching of expenditures The application Is filed: of a mechanized claims ing in triplicate to the Commisloner of (1) for operation (i) After September 1972; or - processing and information retrieval Social Security, Department of Health, Education, and Welfare, Fourth and In- (ii) Before October 1972, and system must include in that system pro- (A) Notice of the final decision of the notice to each dependence Avenue SW., Washington, vision for prompt written Secretary was not given to the appli- individual who is furnished services cov- D.C. 20201, on or before October 29, 1973. cant before October 1972; or ered by the State plan of the specific Copies of all comments received in re- sponse to this notice will be available for (B) Notice of the final decision of the services-so covered, the name of the pro- the applicant be- services, the date or public Inspection during regular business Secretary was given to vider furnishing the fore October 1972 but a civil action with the services were fur- hours at the Washington Inquiries Sec- dates on which Social Se- respect to such final decision is com- nished,-and the amount of the payment tion, Office of Public Affairs, or payments made under the plan on ac- curity Administration, Department of menced under section 205(g) of the Act count of the services. Health, Education, and Welfare, North (whether before, in, or after October . (7) Provide for a method of notifica- Building, Room 4146, 330 Independence 1972) and the decision in such civil action tion to providers9 and recipients of medi- Avenue SW., Washington, D.C. 20201. did not become final before October 1972; cal care of the contents of section 1909 The proposed amendments are to be however Act which pro- of the Social Security issued under the authority contained in (2) An individual's "waiting period" vides Federal penalties for fraudulent of: acts and false reporting. sections 205, 1102, 53 Stat. 1368, as can begin no earlier than the later (b) Federal financial participation. amended, 49 Stat. 647, as amended; (42 (1) The first month such individual is There shall be no Federal financial par- U.S.C. 405, and 1302). insured for disability insurance bene- ticipation in payment for services fur- "(Catalog of Federal Domestic A=,L-tance Pro- fits (see § 40C116); or -nished under the State plan after De- gram No. 13.802 Social Security-Dizbility (1) The 17th month before the month 31, 1972, by a provider or other cember Insurance.) in which such individual's application person during any period with respect to which payments may not be made under Dated August 24,1973. for disability Insurance benefits is filed. title XVIII of the Social Security Act be- AraR-u E. HEss, For purposes of this paragraph, where cause of a determination by the Secre- Acting Commissioner the individual's disability begins on the tary pursuant to section 1862(d) (1) or of social security. first day of the month and continues of the section 1866(b) (2) (D), (M) or (F) 21,1973. through the last day of the month, such to false or excessive claims). Approved September Act (relating month Is considered as a full calendar The Social and Rehabilitation Service CASPAR W. WEZZMnoirn, month. and-the Social Security Administration Secretary of Health, will establish joint procedures for the Education,and Welfare.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26922 PROPOSED RULES

§ 404.309 [Amended] prior to January 1973, is the earliest pe- § 404.331 Widower's insurance benefits; conditions of entitlement. 2. Paragraph (a) of § 404.309 is amend- riod of 6 full consecutive calendar he parenthet- months throughout which shd was under ed by adding "and (b) to ti earlier tcal reference "(see §404. 308(a))" and a disability andl which began no (c) Widower's entitlement based on ical reference than the later of: disability. * * * by changing the parenthet month "(see §404.308(c))" to "4(see § 404.308 (A) The first day of the 18th (2) "Waiting period" de1ined-(i) (d) ) ." before the month in which she files ap- Benefits Payable for months Prior to 404.310 is re- plication for widow's insurance benefits, January 1973. The "waiting period," for 3. Paragraph (a) (4) of § or vised to read as follows: the purposes of entitlement to a widow by (B) The first day of the sixth month virtue of a disability to benefits payable § 404.310 Period of disability; !opdi- before the month in which the period de- for months prior to January 1973, is the tions of entitlement. scribed in subparagraph (1) of this para- earliest period of 6 full cbnsecutive cal- (a) General. An individuual is entitled graph began. endar months throughout which he was to the establishment of a period of dis- (ii) Benefits Payable for months after under a disability and which began no ability (beginning as described in December 1972. (A) The "waiting pe- earlier than the later of: described in riod," for purposes of entitlement of a (A) The first day of the 18th month § 404.311 and ending as by vir- § 404.311a) if: widow or surviving-divorced wife before the month in which he files ap- tue of a disability to benefits payable for plication for widower's insurance bone- months after December 1972, is the ear- fits, or (4) Except as provided in paragraph liest period of 5 full consecutive calen- (B) The first day of the sixth month (d) of this section. dar months throughout which she was before the month in which the period (i)Not less than 6 fu [1 consecutive under a disability, provided the applica- described in subparagraph (1) of this calendar months have elat )sed from the tion is filed: paragraph began. date on which a period of disability (1) After September 1972; or (ii) Benefits payable for months after could * begin (as deterTmine under (2) Before October 1972, and December 1972. (A) The "waiting pe- § 404.311) for such individtual and before (i) Notice of the final decision of the riod," for purposes of entitlement of a the date on which such period of disabil- Secretary was not given to the applicant widower by virtue of a disability to bene- mined under before October 1972; or ity could end (as deter (ii) Notice of the final fits payable for months after December § 404.311a) ; or decision of the 1972, is the earliest period of 5 full con- (ii) Not less than 5 fu11 consecutive -Secretary was given to the applicant be- secutive calendar months throughout calendar months have elaipsed from the fore October 1972 but a civil action with which he was under a disability, provided date on which a period of disability respect to such final decision is com- the application Is filed could begin (as deteruained under menced under section 205(g) of the Act (1) After Septenfber 1972;-or § 404.311) for such individuual and before (whether before, in, or after October (2) Before October 1972; and the date on which such per lod of disabl- 1972) and the decision in such civil ac- (i) Notice of the final decision of the ity could end (as determined under tion did not become final before October Secretary was not given to the applicant § 404.311a), provided an, application is 1972. before October 1972; or filed: (B) However, the waiting period can (ii) Notice of the final decision of the (A) After September 197 2; or begin no earlier than the later of: Secretary was given to the applicant be- (B) Before October 1972, and (1) The first day of the 17th month fore October 1972 but a civil action with (1) Notice of the final decision of the before the month in which she file' ap- respect to such final decision is com- Secretary was not given to the applicant plication for widow's insurance bene- menced under section 205(g) of the Act before October 19.72; or (whether before, In, or after October (2) Notice of the final diecision of the fits, or 1972) and the decision In such civil ac- Secretary was given to the applicant be- (2) The first day of the fifth month tion did not become final before October fore October 1972 but a civ'11 action with before the month in ivhich the period 1972. respect to such final dec sion is corn- described in subparagraph (1) of this (B) However, the waiting period can menced under section 205( g) of the Act paragraph began. Months in which a begin no earlier than the later of: (whether before, in, or after October widow was disabled before the month (1) The first day of the 17th month 1972) and the decision in such civil ac- of the wage earner's death, and such before' the month in which he files ap- before October months before the months of termina- plication for widower's Insurance bene- tion did not become final fits, or 1972. tion of entitlement to mother's insurance (2) The first day of the fifth month For purposes of this subparagraph (4) benefits may be counted as months in before the month In which the period where the beginning date of the period the waiting period if they otherwise meet described in subparagraph (1) of this of disability is the first da .y of a month the requirements of subdivisions (I) (A), paragraph began. Months in which a s through the _(D (B). or (ii) (B) of this subparagraph widower was disabled before the month and the disability continue of the wage earner's death may be last day of the month, such month is cdn- (2) as applicable. If the widow was pre- counted as months in the waiting period sidered a full calendar moe ith. yiously entitled to a widow's insurance if they otherwise meet the requirements * * * * benefit based on disability, entitlement of subdivision (I) (A), (1) (B), or (I1) (B) 4. Paragraph (e) (2) of §.404.328 is re- to which benefit terminated prior to the of this subparagraph (2) as applicable. month in which she again becomes dis- If the widower was previously entitled vised to read as follows: to a widower's Insurance benefit based on § 404.328 Widow's insurzance benefits; abled, a waiting period is not required if disability, entitlement to which benefit conditions of entitleme nt. she again becomes disabled and meets all terminated prior to the month In which , =" other requirements for entitlement. For he again becomes disabled, a waiting pe- (e) Widow's entitlement based on dis- purposes of this subparagraph (2) where riod is not required if he again becomes all other requirements * * the widow's disability begins on the first disabled and meets ability. * for entitlement. For purposes of this sub- (2) "Waiting period" defined-(il day 6f the month and continues through paragraph, where the widower's disabil- Benefits payable for monthz priorto Jan- the last day of the month, such month is ity begins on the first day of the month uary 1973. The "waiting pe rind"fnr put- considered as a full calendar month. and continues through the last day of poses of entitlement of a widow or sur- the month, such month Is considered a viving divorced wife by vi rtue of a dis- 5. Paragraph (c) (2) of § 404.331 is re- full calendar month. ability to benefits payablie for months vised to read as follows: [FR Doc.T73-20605 Filed 0-2G-738:4 tub

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEhBER. 27, 1973 PROPOSED RULES 269-3

OF HOUSING AND ment activities in which substandard during business hours at the above DEPARTMENT dwellings are not Immediately de- address. URBAN DEVELOPMENT molished, and has been extensively re- Issued at Washington, D.C., Septem- Office of the Secretary written to clarify the computation of the ber 21, 1973. differential payment and the [24CFRPart42] interest JAMEs T. LYm;, payment for Incidental expenses. This Housing R-73-241] Secretary of [Docket No. section has also been expanded to Include and UrbanDevelopment. RELOCATION PAYMENTS AND ASSIST- requirements relating to the low-rent a a * S S ANCE AND REAL PROPERTY ACQUI- public housing program. UNDER THE UNIFORM RELO- Section 42.95 has been similarly revised PART 42-RELOCATION PAYMENTS AND SITION AC- CATION ASSISTANCE AND REAL PROP- and has been amended to Include new ASSISTANCE AND REAL PROPERTY POLICIES ACT OF (d) (e) QUISITION UNDER THE UNIFORM RE- ERTY ACQUISITION subparagraphs and In accord- AND REAL 1970 OMB and LOCATION ASSISTANCE ance with Circular No. A-103, PROPERTY ACQUISITION POLICIES ACT Notice of Proposed Rulemaking to include eligibility requirements for the OF 1970 low-rent public housing program. This Pursuant to the Uniform Relocation section also included a revised concept Subpart A--General Assistance and Real Property Acquisition "base monthly rental" and "ability to Sec. Policies Act of 1970 (84 Stat. 1894 (42 pay". 42.1 Purpose. U.S.C. 4601)), the Department proposes 42.5 Supersedure. Section 42.120(c) has been redesig- 4210 Statement of policy. to amend Title 24, Part 42 of the Code of nated as § 42.120(b). Section 42.120(c) Regulations to incorporate revi- 42.15 Statement of applicable law. Federal has been amended to include require- 42.20 DeflnitIons. sions in the Guidelines for Issuance of ments for temporary moves by displaced 42.25 Applicability of regulations. Regulations and Procedures Implement- business concerns. Section 42.120(b) (4) -4220 Assurances. ing the- Uniform Relocation Assistance has been revised to conform to the 42.35 Federal share of costs of relocation and Real Property 'Acquisition Policies amendments to § 42.65(c) (2) relating to payments and assistance. Act of 1970 (Office of Management and 42.40 Payments in condemnatlon proceed- temporary moves. Ings and negotiated purchases. Budget Circular No. A-103) published Section 42.135 has been extensively re- on May 1, 1972. In addition, amendments written to reflect the Departments policy Subpart B--Relocation Payments are proposed to simplify and consolidate on. acquisition practices In greater 42.45 Purpose. certain provisions and correct an error detail. 42.60 Relocation payments by State agency. occurring in § 42.95(c) (2). Section 42.136 has been added to In- 42.5 Basic eligibility conditions. Principal provisions of the newly pro- 42.60 Filing of claims. clude the contents of the notice of land 42.05 Actual reasonable moving expenses. posed amendments to Part 42 are sum- procedures. marized below: acquisition 42.70 Actual direct losses of tangible per- Section 42.137 has been added to In- eonal property. Section 42.20 has been revised to incor- in search- of clude the contents of the notice of the 42.75 Actual reasonable expenses porate changes in the definitions State agency's determination not to ing for a replacement business or "comparable replacement dwelling", farm. and "person" and to include a acquire. "dwelling" Section '42.165 has been amended In 42.80 Alternate payments-indivduals and definition of the term "family"; this sec- OMB families. tion now also includes an- expanded conformity with Circular No. 42.15 Alternate payments--busineses and term "initiation of ne- A-103, and has been otherwise revised farm operations. definition of the for gotiations" as this relates to the low-rent to indicate that the use of schedules 42.00 Replacement housing payments for housing program. the computation of the replacement homeowners. Replacement housing payments for expanded to in- housing payment for homeowners and 42.95 Section 42.25 has been payment for tenants and certain others. elude a statement of the applicability of the replacement housing these regulations to the low-rent housing tenants and certain others shall take Subpart C-Relocatlon Assistance AdvLsory Pro- place only In those cases In which a State gram and Assurance of Adequate Replacement program. Housing Section 42.55 (b) has been redesignated agency is required to use such Echedules by HUD. 42.100 Purpose. § 42.55(d). Actual acquisition as a basis 42.105 Relocation assistance advisory pro- of eligibility for relocation benefits has A new section 42.166, dealing with the gram. been deleted. This requirement has been manner of notifying persons of impend- 42.110 Eligibility for services. rewritten to include new qualifications ing displacement, has been added. 42.115 741nimum requirements of relocation on eligibility. Section 42.55 has also been Section 42.180 has been amended in assistance advisory program. to include the eligibility re- conformity with OMB Circular A-103. 42.120 Requirement of adequate replace- expanded ment housing prior to displace- quirements relating to the -low-rent The former § 42.185, relating to HUD approval of payment claims, has been nut. public housing program. - 42.125 Coordination of relocation activities. Section 42.65 has been extensively re- deleted and the former § 42.190 has been written to incorporate new provisions deleted pending incorporation of the Subpart D--Real Property Acquisition dealing -with the relocation payments for Department's proposed grievance pro- 42.130 Purpose. moving expenses in cases of improve- cedures and the subsequent sections 42135 Req) property acquIsition practices. Notice of land acquisition proce- ments or alterations to structures or have been renumbered to reflect these 42.130 deletions. dure,. premises, self-moves, and temporary 42.137 Notice of State agency's determina- moves by displaced persons. Interested persons are invited to par- tion not to acquire. Section 42.70, dealing with actual di- ticipate in the making of the proposed 42.140 Payments--expenses Incidental to rect losses of tangible personal property, rules by submitting written data, views, transfer of title. has been revised in conformity with OMB or statements. Communications should 42.145 Payment--litlgation expenses. Circular No. A-103. identify the proposed rule by above 42.150 Effect upon property acquisition. be Section 42.85(b) (3), relating to a re- docket number and title, and should Subpart E-Adminlstration filed in triplicate with the Rules Docket quirement that businesses seeking a pay- 42.155 ment in lieu of moving and related ex- Clerk, Office of General Counsel, Room 42.2CO Schedules of comparable replacement penses must contribute materially to the 10256, Department of Housing and dwellings. 42.165 in project area. income of a displacee, has been deleted Urban Development, 451 Seventh Street 42.10 Notice to persons OMB Manner of notice. in conformity with Circular A-103. SW., Washington, D.C. 20410. All relevant Review of claims. in- 42.170 Section 42.85 has been reviewed to material received on or before October 29, 42.175 Prompt payment. clude new eligibility requirements, and 42.189 Agency setoff against claim. for greater clarity, as well. 1973, will be considered before adoption 42.185 Accounts and records. Section 42.90 has been revised to cover of final rules. Copies of comments sub- 42.200 Payments not to be considered as Cases of displacement by code enforce- mitted will be available for examination Income.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26924 PROPOSED RULES

See. or contract or agreement with, such cept that with regard to acquisitions or 42.195 Displacement in connection with State agency under which Federal finan- displacements occurring prior to July 1, more than one project. cial assistance will be made 42.200 Policles and requirements of HUD. available to 1972, sections 210 and 305 of said Act 42.205 Waivers. pay all or part of the cost of any pro- with respect to assurances required of gram or project which will result in the State agencies shall be held applicable Subpart A---General displacement of any person on or after to a State only to the extent that such § 42.1 Purpose. the effective date of the Act. State was able under Its laws to comply (b) Section 305 of the Act requires The purpose of with these sections, and that certain re- this subpart is to set satisfactory assurances from a State forth provisions peals (specified in paragraph (e) of this of general applicability agency that in acquiring real property it with respect to section) made by sections 220(a) and 306 the regulations in this will be guided, to the greatest extent part. Such provisions relate to (a) the of the Act do not apply to any State so practicable under State law, by specified long as sections 210 and 305 were not ap- effect of the regulations in this part on land acquisition policies, and that spe- previously issued plicable in such State prior to July 1, regulations pertaining cified payments will be made to property to relocation payments, (b) 1972. statements owners, as a condition to Federal of applicable ap- policy and law, (c) defini- proval of any grant or loan to, or con- § 42.20 Definitions. tions of pertinent terms, (d) a descrip- tract or agreement with, any State For the Purpose of the regulations in tion of the dates, and the entities or agency under which Federal financial this part, .the following terms shall persons, on or to which the regulations assistance will be available to pay all or mean: In this part are applicable, and the as- part of the cost of any program or proj- (a) Business. Any lawful activity, ex- surances required in connection with ect which will result in the -acquisition cepting a farm operation, conducted pri- such applicability, (e) the extent of of real property on and after the effective marily: (1) For the purchase, sale, lease, Federal participation in the -costs of re- date of the Act. and rental of personal and real property, location payments and assistance, and (c) Section 211(c) of the Act provides and the manufacture, processing, or (f) the effect on payments provided that any grant to, or contract or agree- marketing of products, commodities, or under the regulations in this part of du- ment with, a State agency executed be- any other personal property; (2) for the plicate payments made in condemnation fore the effective date of the Act under sale of services to the public; (3) by a. proceedings and negotiated purchases. which Federal financial assistance Will be nonprofit organization; or (4) solely for § 42.5 Supersedure. available to pay all or part of the cost the purposes of payments under § 42.05, The regulations in this part supersede of any program or project which will re- 42.70 and 42.75, for assisting In the pur- those appearing at Part 41 of this sub- suit in the displacement of any person chase, sale, resale, manufacture, proczs- title (35 FR 14307-14, effective Septem- on or after such date, shall be amended ing, or marketing of products, commodi- ber 10, 1970) to the extent that the regu- to include the cost of providing pay- ties, personal property, or services by the ments and services under the Act. erection and maintenance of an outdoor lations issued hereunder are, under advertising § 42.25, applicable. The regulations in (d) Section 211(a) of the Act provides display or displays, whether this part also supersede those appearing that the cost to a State agency of provid- or not such display or displays are ing such payments and assistance shall located on the premises on which any of at Part 42 of this subtitle (36 FR 8785- the above activities are conducted. 98) effective May 13, 1971, as amended be included as part of the cost of a pro- (37 FR 16603 effective August 17, 1972). gram or project for which Federal finan- (b) Comparablereplacement dwelling. cial assistance is available to such State A dwelling which Is (1) decent, safe and § 42.10 Statement of policy. agqncy. Section 211(a) also provides that sanitary, and comparable to the acquired The purpose of the regulations in this- where the Federal financial assistance is dwelling with respect to number of part is to carry out the following policies by grant or contribution, the Federal rooms, but in any event adequate to ac- of the Uniform Relocation Assistance Governxftent shall pay the full amount commodate the displaced person; (2) In and Real Property Acquisition Policies of the first $25,000 of the cost of such an area not subjected to unreasonable Act of 1970 ((42 U.S.C. 4601); 84 Stat. payments and assistance so provided by adverse environmental conditions from 1899; Pub. L. 91-646) (hereinafter re- the State agency to a displaced person on either natural or manmade sources, and ferred to as the "Act") : account of any acquisition or displace- not generally less desirable than-the ac- (a) To insure that uniform, fair and ment occurring prior to July 1, 1972, and quired dwelling with respect to public equitable treatment be afforded persons where such Federal financial assistance utilities, public and commercial facilities displaced as a result of federally assisted is by loan, the Federal agency shall loan and reasonably accesible to the dis- projects in order that such persons shall the State agency the first $25,000 of such placed person's present or potential place not suffer disproportionate injuries as a costs. of employment; (3) available on the result of programs designed for the bene- (e) Subject to section 221(c). of the private market to the displaced persot fit of the public as a whole, and Act, section 220(a) repealed the follow- and available to all persons regardless of' race, color, religion, or national origin (b) In the acquisition of real property ing provisions of law: Section 114 of the Housing Act of 1949 (42 U.S.C. 1465) ; in a manner consistent with title VIII for a federally assisted project, to en- of the Civil Rightz Act of 1968; and courage and expedite acquisition by paragraphs (7) (b) (iiI) and (8) of sec- tion 15- of the United States Housing Act which is available to all persons regard- agreements with owners of such prop- less of sex; (4) to the extent practicable; erty, to avoid litigation: and relieve con- of 1937 (42 U.S.C. 1415, 1415(8)), ex- cept the first sentence of paragraph (8) ; and where consistent, with subparagraph gestion in courts, to assure consistent (1) of this paragraph, functionally cquiv-, treatment for owners of real property to section 404 of the Housing and Urban Development Act of 1965 (42 U.S.C. alent and substantially the same as the be so acquired, and to promote public acquired dwelling, but not excluding confidence in Federal land acquisition. 3074); section 107 (b) and (c) of the Demonstration Cities and Metropolitan newly constructed housing; and (5) § 42.15 Statement of applicable law. Development Act of 1966 (42 U.S.C. within the financial means of the dis- (a) Section 210 of the Uniform Re- 3307). Subject to section 221(c) of the placed person, provided that this sub- location Assistance and Real Property Act, section 306 repealed'sections 401, paragraph (5) shall be construed only Acquisition Policies Act of 1970 (84 Stat. 402, and 403 of the Housing and Urban in accordance with the intent to put such 1899; Pub. L. 91-646) requires satisfac- Development Act of 1965 (42 U.S.C. 3071- person in an equal or better posltioi: tory assurances from a State agency that 3073). Sections 220(b) and 306 of theAct Provided,That if housing meeting the re- specified relocation payments and relo- provide that any rights or liabilities ex- quirements of this subparagraph (b) Is .isting under cation assistance will be provided, and prior Acts shall not be affected by such repeals. not available, the State agency may, replacement dwellings will be available (f) Section 221 of the Act provides upon proper finding of the need therefor, to displaced persons as a condition to that the Act shall take effect on the date consider available housing excecdinc, Federal approval of any grant or loan to, of its enactment (January 2, 1971) ex- these basic criteria.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 PROPOSED RULES 26925

(c) Decent, safe and sanitaryhousing. under State law or which cannot be (14) Where contributions are made to Housing in sound, clean and weather- moved without substantial damage or a State agency and the performance by tight condition, in ,conformance with unreasonable cost. such State agency, or by a private body local housing codes (or in the absence of WDFamily. Two or more individuals acting on behalf of such State agency local housing codes, or where the stand- who by blood, marriage, adoption; or and of undertakings necessary to enable ards contained in any such code are mutual consent live together as a family it to receive such contributions will be determined by HUD to be inadequate, in unit. the direct cause of displacement, the conformance with standards established (g) Farm operation. Any activity con- payment of .contributions specified by HUD) and which meets the following ducted solely or primarily for the produc- below. minimum standards: tion of one or more agricultural products (i) Aslstance payments under section (1) Each housekeeping unit shall in- or commodities, including timber, for sale 235 and interest reduction payments un- clude a kitchen with a fully usable sink, or home use, and customarily producing der section 236 of the National Housing a stove or connection for a stove, a such products or commodities. Act (48 Stat. 1246 (12 U.S.C. 1715z and separate and complete bathroom, hot and (h) Federal financial assistance. A 1715z-1)), coldrunninlg water in both bathroom and grant, loan, or contribution (except any (II) Below market interest rates pro- kitchen, aii adequate and safe wiring sys- Federal guarantee or insurance) made vided under section 221(d) (3) of the tem for lighting and other electrical serv- by HUD, including a grant, loan or con- National Housing Act (12 U.S.C. 1715-1), ices, and heating as required by climatic tribution pecifled below: (i1) Rent supplement payments un- conditions and local codes. (1) A loan, a grant, or a loan and der section 101 of the Housing and Urban (2) Each nonhousekeeping unit shall grant, for an urban renewal project Development Act of 1965 (79 Stat. 451 be in conformance with local code stand- under title I of the Housing Act of 1949 (12 U.S.C. 1701s)), ards for boarding houses, hotels and (63 Stat. 413,414, (42 U.S.C. 1450)) ; (iv) Grants under section 713 (a) and other dwellings for congregate living. If (2) A grant for concentrated code en- loans under section 714(a) of title VII such local codes do not include require- forcement and public improvements of the Housing and Urban Development ments relating to space and sanitary' under section 117 of the Housing Act Act of 1970 (Pub. L. 91-609, 84-- Stat. facilities in this connection, standards of 1949 (79 Stat. 478 (42 U.S.C. 1463)); 1791) to a-si t in financing new com- shall be subject to the approval of HUD. (3) A grant for the demolition of un- munity development programs. (3) Occupancy standards shall be in safe structures under section 116 of the (1) HUD. The Secretary of Housing conformance with local codes or HUD- Housing Act of 1949 (79 Stat. 477 (42 and Urban Development or an officer or approved requirements, whichever of U.S.C. 1467)); employee duly authorized to perform the these is higher. (4) A grant for interim assistance to functions of the Secretary. (d) Displaced person. slums or blighted areas under section 118 (j) Initidtfon of negotiations- Except (1) A person as defined'in § 42.20(1) of the Housing and Urban Development as provided in 5 42.90(b) (3) and § 42.95 who meets the basic eligibility require- Act of 1949 (82 Stat. 525 (42 U.S.C. (b) (5), the initial written offer made ments specified in § 42.55, and (except for 1468a)); by the acquiring agency to the owner of the low-rent public housing program) as (5) A loan or annual contribution, real property to be acquired-for a proj- set out in general terms below: made in connection with low-rent pub- ect of the amount established as just (i) Such person moves from real prop- lic housing projects under the U.S. Hous- compeination for such property in ac- erty within the project area or moves his ing Act of 1937 (50 Stat. 888 (42 U.S.C. cordance with r 42.135. personal property from such real prop- 1401 et seq.)); () Mrortgage. Such classes of liens as erty on or after the applicable date speci- (6) A grant for open-space use or for are commonly given to secure advances fied in § 42.55 and either, a historic preservation or urban beauti- on, or the unpaid purchase price of, real (ii) Such person is displaced as a re- fication project under title VII of the property, under the laws of the State in sult of (a) acquisition of such real prop- Housing Act of 1961 (75 Stat. 183 (42 which the real property Is located, to- erty in whole or in part for a project, (b) U.S.C. 1500) as amended); gether with the credit instruments, if the receipt of a written order from the (7) A grant for a neighborhood facili- any, secured thereby. acquiring agency to vacate such property ties program under title VII of the Hous- C) Person. Any individual, family, for a project or (c) the receipt of a writ- Ing and Urban Development Act of 1965 partnership, corporation, or association. ten notice from the acquiring agency of (79 Stat. 489 (42 U.S.C. 3101)); For purposes of an alternate payment its intent to acquire such property for a (8) A public facility loan under title under s 42.80 and a replacement housing project, or II of the"Housing Amendments of 1955 payment under § 42.99 and 42.95, two (iii) Such person is displaced as a (69 Stat. 642 (42 U.S.C. 1491) ) ; or more individuals (regardless of result of code enforcement, voluntary re- (9) A water and sewer facilities grant whether they are family members or habilitation, improvement of private under title VI of the Housing and Urban not) living together in, and displaced .Property, or demolition, as provided in Development Act of 1965 (79 Stat. 489 from, a single dwelling, shall be regarded paragraphs (c), (d), and"(e) of § 42.55, (42 U.S.C. 3101)); as one person. or (10) A grant for advance acquisition (m) Personal property (tangible per- (2) Solely for the purpose of qualify- of land under title VII of the Housing sonal property). (1) Tangible property ing for the payments specified in para- and Urban Developmedt Act of 1905 (79 which s situated on the real property graph (a) (3) of § 42.55, a person who Stat. 489 (42 U.S.C. 3101)) ; vacated or to be vacated by a displaced moves from real property, or who moves. (11) A grant for the purpose of carry- per-on and which is considered personal his personal property from real property ing out a comprehensive city demonstra- property and is noncompensable (other on or after the applicable date specified tion program under title I of the Demon- than for moving expenses) under the in paragraph (a) (1) of § 42.55 as a result stration Cities and Metropolitan Devel- State law of enfnent domain, and (2) in of such acquisition of or displacement opment Act of 1966 (80 Stat. 1255 (42 the case of a tenant, fixtures and equip- from other real property on which such U.S.C. 3301)); ment, and other property which may be person conducts a business or farm oper- (12) Loans or grants to assist educa- characterized as real property under ation. tional institutions in construction of State or local law, but which the tenant (e) Dwelling. The place of permanent housing and other educational facilities may lawfully, and at his election deter- or customary and usual abode of a per- under title I of the Housing Act of 1950 In to, move and for which the tenant son, including a single-family dwelling, (64 Stat. 48, 77 (12 U.S.C. 1749)) where is not compensated In the real property a single-famij unit in a two-famly, such payments are made to a State of agency; acquisition. In the case of an owner multifamily or multipurpose dwelling, a (13) Loans for housing for the elderly real property, the determination as to unit of a condominium or cooperative or handicapped under section 202 of the whether an item of property is personal housing project; or any other residential Housing Act of 1959 (73 Stat. 654, 607 or real shall depend upon how it is iden- unit- including a mobile home which is (12 U.S.C. 1701q)) where such loans are tilled In the acquisition appraisals and either considered to be real property made to a State agency; the closing orsettlement statement with

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 No. 187-Pt. I----6 26926 PROPOSED RULES

respect to the real property acquisitions: 1937, Subpart D of these Regulations religion or national origin pursuant to Provided, That no item of property which' (implementing Title III of the Act) is title VI of the Civil Rights Act of 1004 is compensable under State and local law applicable to all acquisitions of real (42 U.S.C. 2000d), title VM of the Civil to the owner of real property in the real property by the State agency except: (i) Rights Act of 1968 (42 U.S.C. 3501 et property acquisition may be treated as Acquisitions by the turnkey method; seq.) and Executive Order 11063 (27 M tangible personal property in computing (ii) acquisitions in connection with con- 11527J and which is available to all per- actual direct losses of tangible personal struction for leasing projects (i.e., leases sons regardless of sex. property under § 42.70. - or agreements to lease) where such ac- (b) Acquisition. As a condition to any' (n) Plan. (1) A duly approved formal quisitions result from proposals sub- grant, contract, or agreement approved plan, as exists from time to time, for any mitted in response to public invitation; by HUD on or after January 2, 1971, un- project as defined in this part and any and (iII) leasing or acquisition of exist- der which Federal financial assistance action program Implementing such plan, ing structures after rehabilitation where will be available to pay all or a part of or (2) in the case of a project for which such leasing or acquisition results from the cost of any undertaking which will no formal plan is required, the applica- proposals submitted in response to pub- result in the acquisition of real property tion by the State agency as approved by lic invitation. For the purposes of this on or after such date the State agency HUD and modified from time to time. subparagraph (2), a lease is considered shall, to the extent it Is authorized under (o) Project. Any undertaking which to be an "acquisition of real property" State law, submit assurances (either receives Federal financial assistance and where the term, including options for separately or by contract) satisfactory to which the Act is applicable pursuant extension, is for more than ten years. to HUD that with respect to such to § 42.25. (b) Applicability of previously pub- acquisition: (p) Project area. An area which HUD lished regulations. The regulations cov- (1) It will, to the greatest extent has approved for the carrying out of ering Relocation Payments appearing at practicable under State law, be guided project activities. Part 41 of this subtitle and at 35 FR by the land acquisition policies and pro- (q) Relocation payment. A payment 14307-14 (effective Sept. 10, 1970) shall visions in § 42.135; specified under §§ 42.65 through 42.95. apply to (1) displacement occurring on (2) Property owners will be paid or (r) State. Any of the several States of or after September 10, 1970, and prior to reimbursed for necessary expenses speci- the United States; the District of Colum- January 2, 1971, and (2) displacement fied'in §§ 42.140 and 42.145; and bia, the Commonwealth of Puerto Rico, occurring on or after January 2, 1971, (3) Affected persons will be ade- any Territory or possession of the United and pri6r to July 1, 1972, to the extent quately informed of the benefits, policies States, the Trust Territory of the Pacific that the regulations issued hereunder do and procedures provided in the regula- Islands, and any political subdivision not, pursuant to paragraph (a) of this tions in this part. thereof. section, apply. (s)State agency. The National Capi- (c) § 42.35 Federal share of costs of reloca. Continuation of rights and liabili- tion payments tal Housing Authority, the District of ties. Nothing in paragraph (a) or (b) and assistance, Columbia Redevelopment Land Agency, of this section shall be deemed to affect Payments made and assistance pro- and any department, agency, or instru- any fights or liabilities in existence as of vided in accordance with 8ubparts B and mentality of a State or of a political sub- January 2, 1971, under any laws repealed C of this part and §§ 42.140 and 42.146, division of a State or any department, by the Uniform Relocation Assistance and pursuant to a grant, loan, contract, agency, or instrumentality of two or and Real Property Acquisition Policies or agreement for Federal financial as- more States or of two or more political Act of 1970. sistance for a project, shall be included subdivisions of a State or States. Unless as § 42.30 Assurances. apart of the cost of such project and otherwise indicated in the context of a shared in the same manner and' to the specific provision of these regulations, (a) Displacement. As a condition to same extent as other program or project the term "State agency" as used in these any grant, contract, or agreement ap- costs: Provided, That where such Fed- regulations shall mean the particular proved by HUD on or after January 2, eral financial assistance is by loan, HUD State agency to which Federal financial 1971, under which Federal financial as- shall loan the full amount of the first assistance is made available for a specific sistance will be available to pay all or $25,000 of the cost to the State agency project. part of the cost of any undertaking for providing such payments and assist- (t) Voluntary rehabilitation. Struc- which will result in the displacement of ance to an eligible displaced person or a tural or other substantial repairs to, or any person on or after such date, a State person from whom property is acquired, alterations to, or demolition of, any agency shall submit assurances (either and where such Federal financial assist- building or other improvement on land separately or by contract) satisfactory ance is by grant or contribution HUD within a project area, undertaken by an to HUD that with respect to such dis- shall pay the first $25,000 of such costs owner in order to conform to the prop- placement- with respect to an eligible displaced per- erty rehabilitation standards or other (1) Relocation payments shall be pro- son or a person from whom property is, applicable provisions set forth in the vided to displaced persons in accordance acquired on account of displacement or applicable Plan. with §§ 42.65 through 42.95; acquisition occurring prior to J'uly 1, § 42.25 Applicability of regulations. (2) Relocation, assistance programs 1972. offering the'services described in Sub- (a) Applicabilty of the regulations in § 42.40 Payments in condemnation pro. part C shall be provided to such dis- ceedings and negotiated this part. (1) Except as provided in sub- placed persons; purchases. paragraph (2), these regulations are ap- (3) Within a reasonable period of time No payment shall be made under the plicable to all acquisition and displace- prior to displacement, regulations in this part which would. ments occurring on decent, safe and or after January 2, sanitary replacement dwellings will be duplicate a payment received by a dis- 1971, and prior to July 1, 1972, to the available to displaced persons in accord- placed person or owner under the State extent that a State agency has furnished law of eminent domain, and which is In- the Department of ance with § 42.120; Housing and Ufrban cluded in an award in Development with satisfactory assur- (41 Affected persouis will be adequately eminent domain informed of the benefits, or In the purchase ances under § 42.30 of these regulations policies and price for any property procedures provided in these regulations; acquired with respect to the federally assisted by negotiation, if such payment and so received is determined by HUD to activity under which such acquisition or (5) The relocation process will be car- have'the same displacement takes place. The regula- ried out in such a manner as to provide purpose or effect as a tions in this part are fully applicable to displaced persons with uniform and con- payment under this part. all acquisition or displacements occur- sistent services, and replacement housing Subpart B-Relocation Payments ring on under §142.120 will be available and the or after July 1, 1972. same range of choices § 42.45 Purpose. (2) with respect to For the low-rent public housing such housing will be offered to all dis- The purpose of this subpart is to set program under the U.S. Housing Act of placed persons regardless-of race, color, forth the types of. and specific eligibility

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 PROPOSED RULES 26927

criteria for, relocation payments to dis- eligibility for a relocation payment if Property Acquisition Policies Act of 1970 placed persons. such person moves, including a move of Is not applicable to such other State §42.50 Relocation payments by, State personal property, under the following agency in connection with such dis- agency. circumstances: placement, and f the acquisition is un- (1) Conventional bid, or acquisiionof dertaken in accordance with the plan for The State agency shall make relocation existing housing other than under para- the project, or, In the case of the model payments to or on behalf of eligible dis- graph. (2) below. If (i) such, person cities program, If the comprehensive city placed persons in accordance with and moves from the project site on or after demonstration program identifies the ac- to the full extent permitted by §§ 42.65 the date of the annual contributions con- qulsition as beinug carried out in connec- through 42.95. tract, or the date of tentative vite ap- tion with such prozram. § 42.55 Basic eligibility conditions. proval by H=D, If ItIs later, and (II) the (e) DiLplacement by code enforcement move is a displacement by acquisition as ardvoluntary rchabilitation.--) (a) General.The rules set forth in this Urban paragraph shall appl§ to all displaced provided in paraaraph (d) of this sec- renewal, neighborhood development, and tion: Provided,That an option agreement code enforcement progra.sz A person persons except those who move from real shal not property br move personal property from be considered as a notice of in- shall be deemed displaced by code en- tent to acquire or a firm offer to acquire forcement or voluntary rehabilitation un- real property as the result of activities (d) undertaken pursuant to the low-rent as provided In paragraph (3). der the urban renewal, neizbborhood de- housing or model cities programs. A per- (2) Turnkey new constructionor rcha- velopment, and code enforcement pro- son qualifies as a displaced person for bflitation. If such person (1) moves from grams If the vacation of the real proper- purposes of establishng basic eligibility the project site, other than for cause, on ty Is the result of code enforcement, as for a relocationpayment if: or after the date of the Contract of Sale, further specified in paragraph (e) (3) of (1) Such person moves from real prop- or (ii) moves from the project site on or this section, Or of voluntary rehabilita- erty within the project area or moves his after the date of the annual contribu- tion, as further specified in paragraph personal property from such real prop- tions contract and prior to the date of the (e) (4) of this section with respect to the erty (i) on or after the date of the perti- Contract of Sale, but in such case only if property occupied and if such activities nent contract for Federal financial as- the move is the result of an order to va- are undertaken in accordance with the sistance for a project, or (ii) on or after cate not based upon cause. "Cause", as plan. the date of HUD approval of a budget used herein and in paragraph (3) below, (2) Model cities -program. A person for project execution activities resulting means nonpayment of rent or other dhall be deemed displaced by code en- in displacement, provided that the con- breach of an obligation of the tenancy. forcement or voluntary rehabilitation tract for Federal financial assistance for (3) Leasing. If (1) such person moves under the model cities program If the the contemplated project is thereafter from a dwelling on or after the date of vacation of the real property is the result executed, and an agreement to lease or lease of such of code enforcement, as specified in para- (2) Such person is displaced as a result dwelling to the State agency, and (ii) the graph (e) (3) of this section, or of voiun- of (D the acquisition of such real prop- move is not the result of: (a) Voluntary tury rehabilitation nctivities, as further erty, in whole decision of occupant, (b) action by land- specified In paragraph (e) (4) of this or in part, for a project section, with respect as further provided in paragraph (d) of lord for cause, or (c) other action by to the property this section, (i) code enforcement, vol- landlord clearly unrelated to leasing of occupied and if such activities are under- untary rehabilitation, improvement of the unit to the State agency. taken in accordance with the compre- private property, or demolition as pro- (d)Displacement by acquisition. Di- hensive city demonstration program vided in paragraphs (e). (f), and (g) of placement as a result of the acquisition -which Identifies the undertaking as being this of real property includes displacement carried out n connection with such sedtion. program. (b) Model cities program. A person which is a result of: qualifies as a (1) The obtaining by the acquiring (3) Code enforcement-C) Tenants. displaced person for pur- agency of title A tenant shall be deemed to be displaced poses of establishing basic eligibility for. to or the right to posses- sion of such real property for a project; as a result of code enforcement if the a relocation payment under the model (2) The vacating of real property occurs on or cities program if: written order of the acquir- Ing agency to vacate such property for a after: (1) Such person moves from real prop- project; or (a) The receipt of a notice to vacate erty within the project area or moves his (3) The Issuance by the acquiring from the owner on the ground that code personal property from such real prop- enforcement activities Nil be under- erty WI on or after the date of the per- agency of a written notice to the owner of its intent to acquire the real property taken; or tinent contract for Federal financial as- (b) The commencement of code en- sistance for a project or (ii) if the dis- for such Project; or, if no other writ- ten notice of Intent to acquire the real forcement activities: Provided,That the placement occurs prior to the approval State agency shall have concluded, in of the contract for Federal financial as- property is Issued, the issuance by the acquiring agency to the owner of a firm accordance with HUD policies and re- sistance, on or after the date approved by quirements, either: HID for a specific undertaking upon the offer to acquire: Provided, That no person request of the moving from real property after the (1) That the owner has increased the State agency: Provided, rent That a contract of Federal financial as- State agency has served upon him the or has notified the tenant of an sistance is thereafter executed: And pro- notice described in § 42137 of this part increase In rent amounting to not less vided further, shall be deemed eligible for any of the re- than 25 percent in the case of a business That ,the comprehensive concern and not city demonstration program thereafter location assistance or relocation pay- less than 10 percent in identifies the undertaking as one being ments described in this parL the case of an individual or family: carried out in connection with 'such pr'- Displacement as a result of acqus- Provided,That in the case of an individ- gram, and tion of real property in the urban re- ual or family the increase shall also re- (2) Such person is displaced as a result newal, neighborhood development, and sult in a rent exceeding the standards of (W the acquisition of such real prop- model cities programs shall include dis- established by the State agency for the erty, in whole or in part, for a project placement which is a result of the acqui- persons" ability to pay, or as sition of real property by a State agency (2) That the code enforcement could further provided in paragraph (d) of not reasonably this section, or (ii) code enforcetnent, other than the State agency receiving be umdertaken.without Federal financial assistance as defined the vacation of the real property by the voluntary rehabilitation, or demolition as tenant; or provided in paragraphs (e), and (g). of in §42.20(h), to the extent that the Uniform Relocation Asstance and Real (o) A notice from the owner or the this section. State agency that code enforcement ac- (c) 'Low-Rent Public Housing Pro- gram. A person tivities will be required: Provided, That qualifies as a displaced 'See FR Dec. 73-13850 appearing at page the State agency shall have concluded, person for purposes of establishing basic 18262 in the issue for July 9,1073. in accordance with HUD policies and

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY SEPTEMBER 27, 1973 26928 PROPOSED RULES requirements, that such tenant has (2) Where the displaced person is a (5) relocation advisory assistance tinder moved in reasonable anticipation of such tenant, the vacating of real property Subpart C of this part. code enforcement activities and has' occurs on or after: § 42.56 Displacement resulting from tie- made either of the findings required (i) The receipt of a notice to vacate tivities later included in the model under paragraph (e) (3) (1) (b) (1) or from the owner on the ground that such cities program. (2) of this section. improvement will be undertaken, or (i) Owners. An owner of real prop- (ii) The commencement of such im- In all cases in which a comprehensive erty shall be deemed displaced as a re- provement: Provided, That the State city demonstration program is amended sult of code enforcement if the vacating agency shall have concluded, in accord- to incorporate any of the activities spec- of the real property occurs on or after ance with HUD policies and require- fled in § 42.55 of this subpart which the receipt of notice from the State ments, either (a) that the owner has in- were carried out prior to the date of such agency that code enforcement will be creased the rent or has notified the ten- amendment, and to recognize the eligibil- required and the State agency concludes, ant of an increase in rent amounting to ity of persons displaced by reason of any in accordance with HUD policies and re- not less than 25 percent in the case of of such activities, a person so displaced quirements, that the code enforcement a business concern and not less than 10 shall qualify as a displaced person for could not reasonably have been under- percent in the case of an individual or purposes of establishing basic eligibility taken without the vacation of the real family: Provided, That in the case of an for a relocation payment: Provided, That property by the owner. individual or family the increase shall the date of displacement for such per- (4) Voluntary rehabilitatiol-Ci) Ten- also result in a rent exceeding the stand- son shall be deemed to be the date on ants. A tenant shall be deemed to be dis- ards established by the State agency for which the comprehensive city demon- placed as a result of voluntary rehabili- the person's ability to pay, or (b) that stration program was amended to In- tation if the vacating of real property such improvement could not have rea- clude the activity bringing about dis- occurs on or after: sonably been undertaken without the placement: And provided further, That (a) The receipt of a notice to vacate vacation of the real, property by the the regulatiolis in effect at the time of from the owner on the ground that vol- tenant, or such amendment shall be fully appli- untary rehabilitation will be undertaken; (ii) A notice from the owner or the cable to each such displacement. or State agency that the improvement will § 42.60 Filing of claims. (b) The commencement of voluntary be required: Provided, That the State rehabilitation: Provided, That the State agency shall haVe concluded, in accord- (a) General. All claims shall be sub- agency shall have concluded in accord- ance with HOD policies and require- mitted to the State agency on theap- ance with HUD policies and require- ments that such tenant has moved in propriate BUD form, supported by such ments either: reasonable anticipation of such improve- documentation as may be required by (1) That the owner has increased the ment and has ijade the finding required the specific provisions of the regulations rent ,or has notified the tenant of an under paragraph (f) (2) (ii) of this sec- in this part applicable to the payment increase in rent amounting to not less tion, or claimed, and by such other documenta- than 25 percent in the case of a business (3) Where the displaced person is an tion as may be required by the State concern and not less than 10 percent in owner if the vacating of the real property agency. the case of an individual or family: Pro- occurs on or after the commencement (b) Time for filing claims. Any claim vided, That the increase shall also result bf such improvement and the State for a payment (other than a claim for a in a rent exceeding the standards estab- agency concluded, in accordance with replacement housing payment for home- lished by the State agency for the per- HUD policies and requirements, that the owners under § 42.90 or for an amount son's ability to pay, or improvement could not reasonably have necessary to enable a displaced person (2) That the voluntary rehabilitation been undertaken without the vacation of to make a downpayment on a replace- could not have reasonably been under- the real property by the owner. ment dwelling under § 42.95(a) (2) of taken without the vacation of the real (g) Displacement by demolition. A this part) shall be submitted to the State property by the tenant; or person shall be deemed displaced as a agency within a period of 6 months after (c) The receipt of a notice from the result of demolition if the vacating of *displacement of a claimant. Any claim owner or the State agency that volun- real property is the result of demolition under § 42.90 or § 42.95(a) (2) shall be tary rehabilitation will be required: Pro- undertaken in accordance with the plan submitted to the State agency within a v1ded, That the State agency shall have for a project, and occurs on or after the period of 18 months after the displace- concluded, in accordance with HUI) poli- date on which the State agency has or- ment of the claimant. cies and requirements, that such tenant dered the real property to be vacated and § 42.65 Actual rcasonablo moving ex. has moved in reasonable anticipation of demolished under State and local law on penscs. such voluntary rehabilitation and has the ground that it Is structurally un- made either of the findings required sound or unfit for human habitation. (a) General. A State agency shall make a payment to a displaced person -under paragraph (e) (3) (1) (b) (1) or (2) (h) Moves from dwellings as a result of this section. of displacement from a business or farm who satisfies the pertinent eligibility re- (it) Owners. An owner of real-property oPeiation. Notwithstanding any other quirements of § 42.55 and the require- shall be deemed displaced as a result of provision of this Subpart, any person ments of paragraph (b) of this section, voluntary rehabilitation if the vacating who moves from real property or moves for actual reasonable expenses specified of the real property occurs on or after his personal property from real property below and subject to the limitations set the commencement of voluntary reha- on or after the applicablI date specified forth in paragraph (c) of this section for bilitation and the State agency con- in paragraphs (a), Cb), or (c) of this moving himself, his family, business, cludes, in accordance with HUD policies section as a result of displacement (as farm operation or other personal prop- and requirements, that the voluntary specified in paragraphs (a), (b), or (c) erty. In all cases the amount of a pay- rehabilitation could not reasonably have of this section) from other real prop- ment shall not exceed the cost of the been undertaken without the vacation erty on which such person conducts a least expensive feasible method of ac- of the real property by the owner. business or farm operation shall qualify complishing the activity In connection () Displacement by improvement of as a displaced person for the purposes of with which a claim has been filed, as private properties in the interim assist- establishing basic eligibility for the fol- determined by the State agency. The ance program. A person shall be deemed lowing payments and assistance: (1) Ac- moving and related expenses for which displaced by the improvement of private tual reasonable moving expenses under claims may be filed shall include: property under the interim assistance § 42.65, (2) actual direct losses of per- (1) Transportation not to exceed a program if the vacating of the real prop- sonal property under § 42.70, (3) actual distance of 50 miles from the site from which displaced, except where the State erty is the result of: reasonable expenses in searching for a agency determines in accordance with (1) Improvement with respect to the replacement business or farm under HUD policies and requirements that re- property occupied and undertaken in § 42.75, (4Y an alternate payment for in- location beyond such distance of 50 miles accordance with the plan; and dividuals and families under § 42.80, and is justified;

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 PROPOSED RULES9 26929

(2) Packing, crating, unpacking and (b) Requirements-Moving a business (2) Businesses and farm operations- uncrating personal property; or farm operation. Except as provided In general limitation on moving expenses. (3) Obtaining (including advertising this paragraph, no payment for actual Except as provided In paragraph (c) (3) for) bids or estimates for such trans- reasonable moving expenses shall be of this section, relating to business self- portation, packing, crating, unpacking made to a displaced person for moving moves, payment to a displaced person for and uncrating; his business or farm operation unless: moving expenses in connection with (4) Such storage of personal property, (1) The State agency has received, at moving a business or farm operation for a period generally not to exceed 12 least 30 days (or such earlier date as the shall not exceed the amount of the lo- months, as the State agency determines State agency may determine necessary, bid submitted in accordance with Para- to be necessary in connection with but not earlier than 90 days) prior to the graph (d) (2) of this section. relocation; moving date, written notice from such (3) Business and farm operations- (5) Insurance of personal property displaced person of his intention to move self-moves. A displaced person electing .while in storage or transit; or dispose of personal property used In to self-move a business or farm opera- (6) Disconnecting, dismantling, re- connection with such business or farm tion may do so, unless the State agency moving, reassembling, reconnecting and operation (which property shall be de- concludes that such self-move is not reinstalling machinery, equipment or scribed generally in the notice), and the warranted. In any case in which the other personal property (including goods date of such intended move or disposi- claim for moving expenses in connection and inventory kept for sale) not acquired tion; and with a self-move Is in an amount not ex- by the State agency; (2) The displaced person has permit- ceeding the lowest of the bids obtained (7) The cost, subject to the limitations ted, at all reasonable times, the Inspec- In accordance with paragraph (d) (2) of imposed by this paragraph, .of any addi- tion by or on behalf of the State agency this section (or if no such bids can be tion, improvement, alteration or other of such property at the site from which obtained) no documentation of actual physical change in or to any structure or the business or farm operation Is dis- moving expenses shall be required by the its premises, whether in connection with placed. For the purpose of this subsec- State agency, which shall determine the the reassembling, reconnection, or rein- tion, "moving date" shall mean the date amount of the payment on the basis of stallation of machinery, equipment or on which the first item of such property such factors as (1) the manner in which other personal property or otherwise re- is intended to be moved or disposed of. the move is accomplished, (ii) the rela- quired, to render such structure or prem- The State agency may make a relocation tionship of the proposed move to the ises suitable for a displaced business. payment notwithstanding nonrecelpt of scope of work covered by the lowest re- Claims for payment under this paragraph such timely notice only if the agency has ceived bid or estimate, if any (ii) the shall be subject to the following limita- determined that there was reasonable labor and the supervisory costs associ- tions: cause for the failure of the displaced per- ated with the move and (iv) the cost of (i) Reimbuseable costs shall be lim- son to give such notice, and the agency the use of equipment employed in the ited to 10 percent of a displaced person's has adequately verified the facts pertairn- move. In all cases in which the amount entitlement pursuant to subparagraphs ing to the move or disposition and the claimed for moving expenses in connec- (1), (2), (3), (5), and (6) of this para- requested relocation payment. tion with a self-move exceeds the amount graph -or $10,000, whichever is the (c) Special requirements and limita- of the lowest of the bids obtained in ac- greater amount; tions. cordance with iaragraph (d) (2) of this (ii) The cost shall be found by the (1) Temporary mzores-individuals, section, full documentation of such ex- State agency to be required by law or families, and business concerns. A dis- penses shall be required. ordnance or to be otherwise necessary placed person (as defined in § 42.20(d) (4) Personal property of low value to the reestablishment of a displaced of this subpart) who moves into tempo- and high bullT:-Business or farm opera- business operation; rary housing or into a temporary business tion. Where, in the judgment of the (iii) In any case in which costs exceed location (as defined in § 42.120(b) and State agency, the cost of moving any $1,000, the State agency shall obtain the (c) of this part) with HUD concurrence Item of personal property of low value concurrence of HUD before making may be compensated for (I) the actual and high bulk which is used in connec- paymenti cost of moving to the temporary housing tion with any business or farm operation (iv) The State agency shall determine or business location; and (il) in the case would be disproportionate in relation to that there is no suitable structure or of a displaced person who rents the its value, the allowable reimbursement premises available for the relocation of dwelling or business location from which for the expense of moving such property the displaced business -concern which he is bbing displaced the actual differ- shall not exceed the difference between -would not require such addition, im- ence, if any, between the rental paid at the cost of replacing the same with a provement, alteration, or other physical such location and the rental paid at the comparable Item available on the market change; and temporary housing or temporary business and the amount which would have been (v) Under no circumstance shall this location or; (ii) in the case of a dis- received for such property on liquidation. subparagraph be construed to authorize placed owner of a home or business the This subparagraph shall apply to such the inclusion in a claim for a relocation actual cost of the rental of such tempo- situations as the moving of junkyards, payment of the cost of substantial con- rary location, including reasonable utility stockpiles, sand, gravel, minerals, and struction, completion, or rehabilitation of charges. Compensation for such expenses metals. a replacement facility for any displaced (which, in the case of displaced business (d) Documentation, in support of a business concern. concerns may also Include claims for claim-(1) All claimants. A claim for a (8) The reasonable replacement value actual direct losses of personal property, payment under paragraph (a) of this of property lost, stolen or damaged (not as defined in § 42.70 of this subpart and section shall be supported by a bill or through the fault or negligence of the for expenses in searching for a temporary other evidence of expenses incurred. By displaced peraon, his agent, or employee) replacement business or farm, as defined prearrangement between the State in the process of moving, where insur- in § 42.75 of this subpart5 shall be a part agency, the site occupant, and the mover, ance covering such loss, theft or damage of the cost of the program but shall not evidenced in writing, the claimant or the is not reasonably available; and be considered to be a relocation payment mover may present an unpaid moving (9) Where an item of personal prop- as defined in § 42.20(q) of this part. A bill to the State agency, and the agency erty which is used in connection with any person who is displaced after the ap- may pay theinover directly. plicable date of the regulations in this (2) Businesses and farm operations. business or farm operation is not moved Except in those situations in which the but is replaced with a comparable item, part as set forth in § 42.25 who moves into temporary housing or a temporary Provisions of § 42.65(c) (3) are applica- reimbursement in an amount not to ex- business location Is eligible for full relo- ble and/or no such bids can be obtained, Ceed (i) the replacement cost, minus any cation payments and assistance under each claim in excess of $500 for the costs proceeds received from the sale, or (ii) this part upon his subsequent move from incurred by a displaced person for mov- the estimated cost of moving, whichever such temporary location to a permanent ing his business or farm operation shall is less. location. be supported by bids submitted to the

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEFTEMBER 27, 1973 26930 PROPOSED RULES

State agency at least 15 days prior to trade-in, shall be the amount realized agent or broker to locate a replacement the commencement of the move from upon the sale. business or farm. three reputable firms covering the mov- (M Itf a bona fide sale is not effected ing costs 4Z.80 Alternate payments-ilndividualb involved. Whenever it is not because no offer is received for the prop- and families. feasible to obtain three bids for any cate- erty, after reasonable efforts have been gory of work, a lesser number of bids made over a reasonable period of time (a) General. A person or family, who shall be submitted, together with a writ- to sell it, its fair market value for con- is displaced from a dwelling who is ten justification by the displaced per- tinued use prior to displacement, ascer- eligible for a payment for actual reason- son; and no relocation payment shall be tained as provided in this section, is the able moving expenses under § 42.65, may allowed in such cases unless the State amount of actual direct loss of the elect to receive and shall be paid, In lieu agency has approved the justification. property. of such payment: (1) A moving expense Where such bid recuirement cannot be (c) Limitations. (1) When a business allowance not to exceed $300 and deter- compiled with under State law, or where or farm operation is discontinued, the mined in accordance with approved Fed- estimates in an amount of less than $500 displaced person is entitled to the differ- eral Highway Administration schedules were obtained in good faith by the dis- ence between the fair market value of established by the State in which the placed person, such claim shall be sup- the property for continued use at its lo- displacement occurred, and (2) a dis- ported by estimates in lieu of bids. cation prior to displacement, and the location allowance of $200. (b) Limitations-joint occupants ol § 42.70 Actual direct losses of tangile sale proceeds, or the estimated costs of personal property. moving 50 miles, whichever is less. single-family dwellings. If individuals (2) When a displaced person does not (regardless of whether they are family (a) General. A State agency shall move his personal property, he shall be members, or not) who are joint occu- make a payment to a displaced person required to make a bona fide effort to pants of a single-family dwelling submit who satisfies the eligibility require- sell it. more than one claim, an, eligible claim- ments of § 42.65, and this section. for (3) When the property Is abandoned ant for a payment under paragraph (a) actual direct losses of tangible personal after reasonable efforts to effect a bona of this section may be paid only his property as a result of moving or dis- fide sale, the displaced pe.rson is entitled reasonable prorated share (as determined continuing a business or farm operation,. to payment for the fair market value of by the State agency) of the total pay- in an amount determined by the State the property for continued use at its lo- ment applicable to a single Individual, agency in accordance with the provisions cation prior to displacement, or the esti- and the total of alternate payments of this section. mated costs 6f moving 50 miles, which- made to all such claimants moving from (b) Dtermining actuai direct loss of ever is less. such dwelling shall not exceed the total property. Subject to the limitations pro- (4) In no case shall the payment for fixed payment applicable to a single vided in this section, the amount of ac- actual direct loss of any property exceed individual. tual direct loss shall be determined as the amount as provided for herein, or § 42.85 Alternate payments--btncsieq follows: the estimated amount that would have and farm operations. (1) The fair market value of the been required to relocate such property, property for continued use'at its loca- whichever is less. (a) General. A displaced person who tion prior to the displa6ement shall be (5) No payment shall be made for any is displaced from his place of business ascertained by an appraisal either se- item of property sold or traded in and or farm operation and Is eligible for pay- cured by the claimant and concurred in replaced with a substitute item, except ments under § 42.65, § 42.70, or 9 42.75 by the State agency, or secured by the as provided for in § 42.65 (a) (9). and complies with the requirements set State agency and concurred in by the (6) The cost of an initial appraisal to out in paragraph (b) of this section may claimant. determine actual loss of property shall, elect to receive and shall be paid, In lieu (2) If the value of the property is such notwithstanding § 42.35, be included of such payments, a payment equal to the as a average annual net earnings of the busi- as not to warrant the expense of an op- project cost to the same extent as other ness or farm operation praisal, its fair market value shall be project costs. No payment shall be made (but not includ- computed by multiplying the original to a displaced person for the cost of an ing a business as defined in § 42.20 (a) (4) cost of the item to the claimant (exclu- appraisal subsequent to the initial ap- of this part) as determined In accord- sive of installation), by the figure ob- praisal. ance with paragraph (b) of this section, tained by dividing the period of the re- except that such payment shall be not (d) Documentation to support claim. less than $2,500 nor more than $10,000. maining useful life of the property at the A claim for payment hereunder shall be date of For purposes of this section, the dollar displacement by the period of supported by written evidence of loss limitation specified In the preceding the normal useful life of the property at which may include appraisals, certified the date of its acquisition sentence shall apply to a single business, by the prices, bills of sale, receipts, cancelled regardless of whether it Is carried on claimant. checks, copies of advertisements, offers to under one or more legal entitles. (3) Wherever possible, the property sell; auction records, and other records shall be disposed (b) Requirements-businesses and or by a bona fide sale appropriate to support the claim. farm operations. No payment shall be at the highest price offered after reason- made under this section able efforts have been made over a rea- § 42.75 Actual reas-4nable ecxpenscs in unless the State sonable searching for a replacement business agency determines that (1) the business period of time to interested cannot be relocated without a substantial prospective purchasers. The displaced or farm. A displaced person who loss of its existing patronage, based on person shall be reimbursed for the rea- satisfies the a consideration of all pertinent circum- sonable costs incurred in arranging for pertinent eligibility requirements of such sale. a 42.65 with respect to actual reasonable stances including such factors as the (4) If the amount realized from the moving expenses, is eligible for actual type of business conducted, the nature of sale, minus the reasonable expenses of reasonable expenses, in an amount not the clientele, and the relative importance the sale, is less than the fair market to exceed $500 unless the State agency to the displaced business of its present value for continued use of the property determines that a greater amount is and proposed location; (2) the business at its location, the difference between the justified, in searching for a replacement is not part of a commercial enterprise net amount realized and fhe fair mar- business or farm, including expenses in- having another establishment which Is ket value is the amount of actual direct curred for: (a) Transportation; (b) loss. meals and lodging away from home; (o) not being acquired 'for a project and (5) A trade-in of property may be time spent in searching, based onL the which is engaged in the same or similar considered a sale, and the trade-in al- hourly wage rate of the salary. or earn- business; and (3) the displaced business lowance, exclusive of any amount of dis- ings of the displaced, person or his rep- or farm operation (i) had average an- count that would be allowed on the prop- resentative, but not to exceed $10 per nual gross receipts of at least $2,000 erty being acquired in the absence of the hour; and, (d) fees paid to a real estate during the two taxable years prior to

PFERAL REGISTER, VOL 38, NO. 187-THURSDAY 5EPTEMBER 27, 1973 PROPOSED RULES 26931

displacement; or (ii) the displaced busi- cludes the sole proprietor- in a sole pro- quired dwelling or the date on which he ness or farm operation had average an- prietorship, the principal partners In a moves from the acquired dwelling, nual net earnings of at least $1,000 partnership, and the principal stockhold- whichever is later. during the two taxable years prior to dis- ers of a corporation, as determined by (2) For the purpose of this paragraph placement; or (iii) the displaced busi- the State agency. For purposes of de- (b), a person has "owned" a dwelling if ness or farm operation contributed at termining a principal stockholder, stock he (i) held fee title, a life estate, a 99- least 33Y3 percent of the total income held by a husband, his wife and their de- year lease, or a lease with not less than of the-owner(s) during each of the two pendent children shall be treated as one 50 year to run from date of acquisition taxable years prior to displacement: unit. of the property for the project; (ii) held Provided, That if in any case the State (h) Documentation in support of a an interest in a cooperative housing proj- agency determines that the two year claim. A claim for payment under para- ect which includes the rights of occu- period prior to displacenent is not repre- graph (a) of this section shall be sup- pancy of a dwelling unit therein, (ii) is sentative of average receipts, earnings or ported by such reasonable evidence of the contract purchaser of any of the income, it may make use of a more earnings as may be approved by HUD. 1f foregoing estates or interest, or (iv) has representative period. no other evidence is available, such claim a leasehold interest with an option to (c)Determination of number of "busi- shall be supported by copies of Federal purchase. nesses". In determining whether one or income tax returns. (3) Thd term 'qnitiation of negotia- more legal entites constitute a single tions" shall mean, for the purposes of § 42.90 Replacement housing payments this paragraph (b), the following: business, the following factors, among for homeowners. others, shall be considered: (I) In the case of code enforcement, (1) The extent to which the same (a) General. A state agency shall make voluntary rehabilitation, improvement of premises and equipment are shared; to a displaced person except those tem- private property, or demolition in con- (2) The extent to which substantially porarily displaced within the meaning of nection with a project, the date such per- identical or intimately interrelated busi- § 42.65 (c) (1) who is displaced from a son vacates the dwelling. ness functions -are pursued and business dwelling and who satisfies the pertinent (i) In the case of a low-rent public and financial affairs are commingled; eligibility requirements of § 42.55 and the housing project carried out by means of (3) The extent to which such entities conditions of paragraph (b) of this sec- the turnkey method (new construction or are held out to the public, and to those tion, a payment not to exceed a combined rehabilitation), the date of the letter customarily dealing with such entities, total of $15,000 for: from the State agency notifying a as one business; and (1) The amount, If any, which when developer of his tentative selection in (4) The extent to which the same per- added to the acquisition cost of the dwell- connection with such project, except: (a) son or closely related persons own, con- ing acquired for the project equals the For turnkey new construction cases trol or manage-the affairs of the entities. reasonable cost (as determined in ac- where the State agency obtains control I (d) Requirements-farms. In the case cordance with paragraph (c) (1) of this of the site prior to tentative selection of of a farm operation, no payment shall be section) of a comparable replacement the developer, the date of the initial writ- made under this section unless the State dwelling: Provided, That such amount ten offer to the owner by or on behalf of agency determines that (1) the farm met shall not exceed the difference between the State agency of the amount estab- lishLd the definition of a farm operation prior the acquisition price of the acquired as just compensation in accord- to its acquisition; and (2) if the displace- dwelling and the actual purchase price ance with § 42.135, and (b) for turnkey rehabilitation cases where the State ment is limited to only part of the farm of the replacement dwelling. operation, the property remaining after (2) The amount, If any, to compensate agency enters into an agreement with a the acquisition can no longer meet the the displaced person for any increased developer for unidentified properties, the date of the initial written offer for each definition of a farm operation. interest costs, as determined In accord- property by the developer to the owner (e)Requirements-nonprofit organiza- ance with paragraph (c) (2) of this sec- or the date of the contract between the tions. In the case of a nonprofit organiza- tion, which such displaced person Is tion, no payment shall be made under required to pay for financing the acquisi- developer and the State agency, which- this section unless the State agency de- tion of a replacement dwelling: Pro- ever Is later. termines that (1)the nonprofit organiza- vided, That no such payment shall be (4) The term 'Turchases", for the pur- made unless the dwelling acquired by the pose of this paragraph (b), includes the tion 'cannot be relocated without a sub- acquisition, construction or rehabilita- stantial loss of itswexisting patronage. State agency was encumbered by a bona fide mortgage which was a valid lien on tion of a dwelling, the purchase and re- (The term "existing patronage" as used habiliation of a substandard dwelling, in connection with a nonprofit organiza- such dwelling for not less than 180 days prior to the initiation of negotiations for the relocation or relocation and rehabili- tion includes the membership, persons, tation of an existing dwelling, or the community, or clientele served or affected acquisition of such dwelling. entering into a contract to purchase, or by the activities of the nonprofit organi- (3) Reasonable expenses, determined in accordance with paragraph (c) (3) of for the construction of, a dwelling to be zation) ; and (2) the nonprofit organiza- this section, incurred by the displaced constructed on a site to be provided by tion is not part of a commercial enter- person incident to the purchase of the re- a builder or developer or on a site which prise having at least one other establish- placement dwelling, but not including the displaced person owns or acquires for ment not being acquired which is en- prepaid expenses. such purpose. Where completion of con- gaged in the same or similar activity. (b) Eligibility conditions. (1) A dis- struction, rehabilitation, or relocation (f) Net earnings. The term "average placed person is eligible for the pay- of a replacement dwelling is delayed, for annual net earnings" as used in this see- ments specified In paragraph (a) of this reasons beyond control of the displaced tion means one-half of any net earnings section if such displaced person (I) is person, beyond the date by which oc- of the business or farm operation, before displaced from a dwelling that (a) is cupancy is required under this para- Federal, State, and local income taxes, acquired for a project, or (b) in connec- graph (b), the State agency may de- during the two taxable years immedi- tion with a project and in accordance termine the date of occupancy to be the ately preceding the taxable year in which with local code, is demolished, is declared date the displaced person enters into a the business or farm operation moves unfit for human habitation, or requires contract for such construction, rehabili- from the real property acquired for such vacation for any other reason, such as tation, or relocation or for the purchase,- project, or during such other period as overcrowding; (ii) has actually owned upon completion, of a dwelling to be con- the head of the State agency determines and occupied such dwelling for not less structed or rehabilitated, if, in fact, the to be more equitable for establishing than 180 days prior to the initiation of displaced person occupies the replace- such earnings, and includes any compen- negotiations for Its acquisition; (iII) pur- ment dwelling when the construction or sation paid by the business or farm op- chases and occupies a replacement dwell- rehabilitation is completed. eration to the owner, his spouise or his de- ing which is decent, safe, and sanitary, (5) Where, for reasons of hardship pendents during such period. within 1 year subsequent to the date on and beyond the control of the displaced (g) Determination of ownership. The which he received final payment from person, such person is unable to occupy term "owner" as used in this section in- the State agency of all costs of the ac- the replacement dwelling by the date by

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26932 PROPOSED RULES

which occupancy is required under this posited by commercial banks in. the gen- temporarily displaced within the mean- paragraph (b), the State agency may eral -area in which the replacement ing of § 42.65(c) (1) who satisfies the determine the date of occupancy to be dwelling is located. (An example of com- eligibility requirements of 42.55 and the the date on which the displaced person putation. of payment for increased in- conditions of paragraph (b)of this sec- became entitled to possession of such terest cost is set forth below in the Ap- tion, a payment not to exceed $4,Q0p for dwelling: Provided, That the displaced pendix to this part.) either: person occupies the replacement dwell- (3) Expenses incident to the purchase' (1)An amount, computed in accord- ing within such reasonable period of of the replacement dwelling. Such pay- ance with paragraph (c)(1) of this sec- time as shafl be determined by HUD. ments shall be the amount necessary to tion, necessary to enable such displaced (c) Computation of replacementhous- reimburse the displaced person for actual person to lease or rent a comparable re- ing paymeht.-1) Cost of comparable costs incurred by him- incident to the placement dwelling for a period not to replacement dwelling. The cost of a com- purchase of the replacement dwelling, exceed 4 years; or parable replacement dwelling for pur- including (i) legal, closing, and related (2) An amount, computed in accord- poses of paragraph (a) (1) of this sec- costs including title search, preparing ance with paragraph (c)(2) of this sc- tion, shall be determined by the method conveyance contracts, notary fees, sur- tion, necessary to enable such displaced specified in paragraph (c) (1) (i)except veys, preparing drawings or plats, and persons to make a downpayment (in- as provided in paragraph (c (1)(ii) or charges paid incident to recordation. (i) cluding incidental expenses described In (ii) ; Lender, FEA or VA appraisal (ii) FHA § 42,90 (a)(3)) on the purchase of a com- (I) Comparative method. On a case- or VA application fee. (iv) Certification parable dwelling: Provided, That If such by-case basis by determining the sales of structural soundness. v) Credit re- amount exceeds $2,000. such displaced price of one or more dwellings which have port. (vi) Owner's and mortgagee's evi- person shall equally match any such been selected by the State agency or by dence or, assurance of title. (vii) Escrow amount in excess of $2,000 in malting the the displaced petson with the approval agent's fee. (viii) Sales or transfer taxes: downpayment. of the State agency, and which are most Provided,That no payment for any such (b) Eligibility conditiona. A displaced representative of the acquired dwelling expenses shall exceed the amount at- person is eligible for the payments speci- unit and meet the definition of "com- tributable to the purchase of a compar- fied in paragraph (a) of this section if parable replacement housing" set out in able dwelling, as defined by a 42.20(b) such displaced person: § 42.20(b) ; and selected in accordance with this (1) Has actually and lawfully occt- (ii) Schedule method. In accordance section. pied the dwelling from which he is dis- with a schedule as specified in § 42.160 No reimbursement shall be made for any placed for a period of not less than 90 and only under the circumstances de- fee, cost, charge, or expense which is days prior to the Initiation of negotiation scrIbed therein; determined to be a part of the debt serv- for acquisition of such dwelling, and (Cii) Alternative 7ftethod. Where the ice or finance charge under Title I of the (2) Is not eligible to receive a replace- State agency determines that neither the Truth in Lending Act (Pub. L. 90-321), ment housing payment for homeovners schedule nor comparative method is and Regulation Z issued pursuant under § 42.90; and feasible in a given situation, by the use thereto by the Board of Governors of the (3) Where such displaced person was of such other method as may be ap- Federal Reserve System. the owner of the dwelling, such dwelling proved by HUD. (d) Limitation-joint owner-occupants is (i)acquired for a project or (i) In (2) Interest payments., Interest pay- of single-family dwellings. The total connection with a project and In accord- ments shall, be equal to the difference amount of payment under this section ance with local code, Is demolished, Is between (i) the aggregate interest and to individuals who were joint owner- declared unfit for human habitation, or other debt service cost of the amount of occupantsof a single-family dwelling ac- requires vacation for any 'other reason, the principal of the mortgage on the quired as a result of the project shall such as over-crowding; and acquired dwelling over its rerpaining be subject to the limitation of § 42.80(b). (4) In cases in which a payment spec- term at the time of acquisition, and (ii) ified in paragraph (a)(2) of this sec- the aggregate interest and other debt (e) Descent and distribution of re- tion is sought such displaced person shall service costs paid on the mortgage on placement housing payments. A replace- ment housing payment computed in within one year from the date of dis- the replacement dwelling: Provided,That placement purchase a replacement the term and amount of the mortgage on accordance with this section or with § 42.95 shall be personal to the displaced dwelling. For purposes of this paragraph, the replacement dwelling for purposes of the term "purchase4 shall be defined in this paragraph shall be the lesser of (iii) person claiming such payment, and shall not be paid to his heirs or assigns to the accordance with § 42.90(b) (4). the remaining term and amount of the (5)The term "Initiation of negotia- mortgage on, the acquired dwelling, or extent to which such payment, or any portion thereof, has not been disbursed tions" shall mean, for the purposes of (iv)the actual term and amount of the this paragraph (b), the following: mortgage on the replacement dwelling: prior to the death of such displaced per- son (except as to the amount attributable (i)In the case of code enforcement, And provided further, That the amount voluntary rehabilitation, Improvement of the debt service cost with respect to the to such displaced person's actual period of occupancy of comparable replacement of private propefty, or demolition In con- replacement dwelling shall be the lesser nection with a project, the date such per- of v) the debt service cost based on the housing): Provided, That such payment shall be fully disbursed in any case in son vacates the dwelling. amount of the mortgage remaining on (ii) In the case of a low-rent public the acquired dwelling, or (vi) the debt which the displaced person.was a mem- ber of a family living with him in the housing project carried out by means of service cost based on the actual amount the turnkey method (new construction of the mortgage on the replacement dwelling or dwelling unit from which he was displaced, which continues to oc- or rehabilitation), the date of the letter dwelling: And provided further, That from. the State agency notifying a devel- such differential shall be reduced to dis- cupy together the comparable dwelling selected in accordance with the regula, oper of his tentative selection in connec- counted present value. In making such tion with such project, except: (a) For computation, the aggregate interest and tions in this part: And Provided further, That sc much of a replacement housing turnkey new construction cases where other debt service costs with respect to the State agency obtains control of the the replacement dwelling shall not ex- payment as will satisfy the legal obliga- tion of an estate in connection with the - site prior to tentative selection of the "ceed the prevailing interest rate cur- developer, the date of the initial written rently charged by the mortgage lending selection of a comparable dwelling by institutions in the general area in which or on'behalf of a deceased displaced per- offer to the owner by or on behalf of the son shall be disbursed to the estate. State agency of the amount established the replacement dwelling is located. The. as just compensation in accordance with ,discount rate for computing the present § 42.95 Replacement- housing payments § 42.135, and (b)for turnkey rehabilita- worth of future payments of increased for tenants and certain others. tion cases where the State agency enters interest shall be computed at the pre- (a) General. A state agency shall into an agreement vith a developer for vailing interest rate paid on savings de- make to a displaced person except those unidentfied properties, the date of the

FEDERAL REGISTER, VOL. 38, NO. 187-HURSDAY, SEPTEMBER 27, 1973 PROPOSED RULES 26933

for each property by which may be required, shal not exceed Subpart C--Reoc3tion Assistance Ad isctT initial written offer of Adequate Rs,. to the owner or the date (1) the amount ordinarily required for a Program and Assurance the developer placement Housing of the contract between the developer downpayment for the purchase of a com- and the State agency, which ever is later. parable dwelling where such purchase Is § 42.100 Purpose. loan, and (i) (c) Computation,of payment. financed by a conventicnal subpart is to set of a The purpose of this (1) Rentals. The amount of payment expenses incident to the purchase with respect to the computed in ac- forth requirements necessary to lease or rent a comparable replacement dwelling and implementation of a, Provzided, development replacement dwelling, as specified under cordance with § 42.90(c) (3): a-zistance advisory program, required of relocation paragraph (a)(l) of this section, shall be That if the amount actually for the provision of specified services, and computed by subtracting 43 times the the displaced person as a downpayment to prescribe the obligation of the State base monthly rental of the displaced per- for the purchase of a comparable dwell- aeacy not to displace, or cause the dis- In son (as determined in accordance with ing is more than the amount speciflcd placement of any person from his dwell- () of this v;cton, such paragraph (c)(1) (i) of this section), paragraph (c) (2) In. without adequate notice and unless the from 48 times the comparable monthly amount shall be the amount which adequate replacement housing is avail- refital for a replacement dwelling (as State agency determines to be necessary able. determined in accordance with para- for such downpayment. The full amount graph (c)(1) (ii) of this section): Prp- of a downpayment under this section § 42.103 Relocation assistance advisory' videc, That in no case may such amount shall be applied to the purchase price pro--ram. exceed the difference between 48 times of the replacement dwelling and shall State agencies shaIl develop and im- the base monthly rental as determined be shown on the closing statement. plement a relocation assistance advisory in accordance with this paragraph and (d) Limitation on payments and dis- pro-ram which satisfes the requirements 48 times the monthly rental actually bursement of zyments.-(1) Jont oc- of § 42115 and of Title VI of the Civl required for the comparable dwelling cupants of single-family dwUllfngs. The RI!,ht Act of 1964 and Titie VIJI of the occupied by the displaced person. total amount of payment under thi sec- Civil Rights Act of 1963. Such program (D Base month17- rental. The base tion to individuals who were Joint occu- shall b2 administered so as to provide monthly rental shall be the average pants of a single-family dwelling ac- advisory services which offer mavimum. monthly rental paid by the displaced per- quired for the project shall be subject to assistance, to minimize the hardship of son for the 3-month period prior to initi- the limitation of § 42.0 (b). displacement, and to assure that (a) all ation of negotiations: Provided, That the (2) Rental replacement houing fQr parons displaced from their dwelling base monthly rental shall be the average displaced owner-occupant. A displaced are relocated Into housing meeting the monthly rental during such 3-month pe- person who is not eligible for a replace- criteria described In § 42.129. and Cb) riod for similar dwellings in an. area not ment housing payment under § 42.90 be- all persons displaced from their places generally less desirable than that of the cause he elects to rent rather than pur- of business or farm operations are as- dwelling from which such 15erson was chase a replacement dwelliing, and who sIsted in reestablishing with a minimum displaced (hereinafter referred to as the meets the eligibility conditions specified of delay and loss of earnings. was in paragraph (b) of this section. Is eli- economic rent) the displaced person § 42.110 Eligibility for services. the owner of the dwelling from which he gible for the- payment specified In para- was displaced; And provided further, graph (a)(1) of this section. Relocation assistance advisory sav- That where necessary to satisfy the defi- (3) Rental replacement housfng 2ay- Ices shall be available to: nition under § 42.20(b) (5) of compara- ments for dependents. Notwithstanding (a) Any person who occupies property ble replacement housing as being within the provisions of paragraph (c) of this from which he will be displaced for a 'the financial means of the displaced per- section, the amount of payments neces- project or whose personal property will son, the amount of such base monthly sary to lease or rent a comparable re- be so displaced; rental shall not exceed 25 percent of placement dwelling, as specified under (b) Any person who occupies property such person's monthly income. paragraph- (a)(1) of this section, shall, Immediately adjacent to the project and (ii) Comparatle monthly rentaL The in the case of displaced persons desig- who Is determined by the State agency comparable monthly rental shall be the nated dependents in accordance with to be caused substantial economic Injury amount of rental determined by the this subparagraph, be limited to the dlif- or substantial injury or threat to his State agency by the method specified in ference between 43 times the rental health or personal safety of the project; paragraph (a), except as provided in actually paid for the unit previously oc- and paragraph (b) or (c); cupied by the displaced person/and 43 (c) Any person who moves from real (a) Comparative method. On a case times the monthly rental actually re- property or moves his personal property by case basis by determining the average quired for the comparable dwelling from real property, bee use he is dis- month's rent for one or more dwellings presently occupied or to be occupied by placed from other real property on which have been selected by the State the displaced person. For purpozes of this which he conducta a business or farm agency or by the displaced person with subparagraph, a "dependent" shall be operation. the approval of the State agency, and any person who derives fifty-one percent For purposes of r 42.110, any person or which are most representative of the ac- or more of his income in the form of persons described in paragraphs (a) quired dwelling and meet the definition gifts from another private person or from through (c) of this section shall be an of "comparable replacement dwelling" any academic scholarship or stpend. "eligible person." set outin § 42.20(b) ; Full-time students and person residing in hospitals, sanitariums and'similar in- § 42.115 fiinimum requirements. of re- (b) Schedule method. In accordance location ansistance advisory program. with a scliedule as specified in § 42.160, stitutions shall be presumed to be de- and only under -the circumstances de- pendents: Provided, That any displaced Each relocation az-stance advisory scribed therein; person presumed to be a dependent may program undertaken pursuant to § 42.105 (c) Alternative method. Where the rebut this presumption by demonstrating sball include, at a minimum, such meas- that fifty percent or more of his income as may be State agency determines that neither the ures, facilities or services is derived from sources other than gifts ne&-..zry or appropriate in order to: schedule nor comparative method is or academic from another private person (a) Fully inform. eligible persons feasible in a given situation, by the use scholarships or stipends. at the earliest pos- of such other method as may be ap- (e)Disbursement. The Secretary sball under this srubpart proved by HUD. have the authority to prescribe the man- sible date as to the availability of relo- (2) Downpayment. The downpayment ner for the disbursement of payments cation payments and -sistanCe and the for which a payment specified under par- under this section and may from time to eligibility requirements therefor, as well agraph (a)(2) of this section may be time establish procedures governing such as the procedures for obtaining such made, together with any matching share disbursements. psyments and assistance;

FEDERAL REGISTER, VOL 38, NO. 187-TURSDAY, SEPTEMBER 27, 1973 111o.187-Pt. 1- 7 26934 PROPOSED RULES

(b) Through direct personal inter- (4) Reasonably accessible to the dis- cases of emergency or where such person view, determine the extent of the need placed person's place of employment or is subject to economic hardship or condi- of each such eligible person for reloca- potential employment; tions hazardous to his health or safety, tion assistance; (5) Adequate In size, facilities and or (2) In extraordinary situations where (c) Provide current and cbntinuing- amenities to accommodate the needs of in the absence of such temporary move, information on the availability, prices the displaced person and his family; and the progress of the project would be sub- and rentals of comparable sales and (6) Available on the market at a rental stantally delayed, or (3) In cases In rental housing, and of comparable com- or price within the financial means of which the HUD-approved project plan mercial properties and locations; the displaced person, but not exceeding anticipates moves back into permanent (d) Assure that, within a reasonable a rental equal to 25 percent of his in- accommodations in the project or pro- period of time prior to displacement, come or a purchase price of 2 to 21/2 gram area, or (4) where the displace- there will be available adequate replace- times his annual income. ment is caused by code enforcement ac- ment housing meeting the criteria de- (b) Use of temporary housing. Subject tivities which do not necessitate the scribed in § 42.120 equal in number to the to the prior approval of HUD, a person permanent relocation of the business or number of, and available to, such eligible to be displaced from a dwelling for a non-profit organization. persons who will be displaced; project may be provided temporary hous- (d) Continuing obligations of State - (e) Assist any such eligible person ing (1) in cases of emergency or where agency. The State agency shall continue displaced from his business or farm such person is subject to economic hard- to furnish to all persons provided tem- operation in obtaining and becoming ship or conditions hazardous to his health porary housing or facilities under this established in a suitable replacement or safety, or (2) in extraordinary situa- section all relocation assistance provided location; tions where in the absence of such for under this Subpart C. (f) Supply to such eligible persons in- temporary-move, the progress of the proj- (e) Preservation of eligibility. The formation concerning Federal and State ect would be substantially delayed, or eligibility of any person for a payment housing programs, disaster loan and other (3)in cases in which the HUD-approved specified under any section of the reg- programs administered by The Small project plan anticipates moves back into ulations in this part shall not be affected Business Administration, and other Fed- permanent accommodations in the proj- by a move to temporary housing or facil- eral or State programs, offering assis- ect or program area, or (4) where the ities under this section. tance to displaced persons; displacement is caused by-code enforce- (f) Notice. No person lawfully occupy- (g) Provide other advisory services to' ment activities which do. not necessitate ing real property shall be required to such eligible persons, such as counselling such person's permanent relocation: move from a dwelling or to move his busi- and referrals with regard to housing fi- Provided, That the following conditions ness or farm operation, without at least nancing, employment, training, health, are satisfied: 90 days' written notice from the State welfare, and other assistance, in order (I) Such temporary housing is decent, agency acquiring the real property or to minimize hardships to such persons; safe, and sanitary and within the finan- ordering its demolition: Provided, That (h) Assist each such eligible person in cial means of such person; a shorter period of notice may be given completing any required applications and (ii) Such temporary housing is dem- when the State agency determines, with forms; onstrated to 'be open to all persons re- HUD concurrence, that a 90-day period (i) Inform all persons who are ex- gardiess of race, color, religion, or na- is impracticable. In addition, State agen- pected to be displaced by acquisition as to tional origin in a manner consistent with cies shall simultaneously notify each in- the eviction policies -to be pursued in Title VIII of the Civil Rights Act of 1968, dividual tenant to be displaced as well carrying out the project; and available without discrimination as each owner. Where persons are ex- (j) Insure adequate inspection of all based on sex or source of income; pected to be displaced by code enforce- relocation housing resources utilized by (iMi)The State agency has determined ment, voluntary rehabilitation or the Im- displaced persons prior to and subsequent that within 12 months of the date of the provement of private properties as de- to occupancy by such persons; and temporary move or such longer period as fined in § 42.55 (e) and (f), the State (k) Provide any services required to HtJD may approve, replacement housing agency shall take all reasonable steps to insure that the relocation process does meeting the criteria specified in para- urge and assure that owners of real prop- not result in different or separate treat- graph (a) of this section will be available erty give tenants to be displaced at least ment on account of race, color, religion, for occupancy by such persons. 90 days' written notice that the activities national origin, sex or source of income. (iv) Prior to the temporary move, such will take place or that the premises must § 42.120 Requirement of adequate re- person shall be given a written assurance be vacated (except where the continued placement housing prior to displace- that (a) replacement housing meeting occupancy of the dwelling constitutes a ment; tclporary moves; notices to the criteria specified in paragraph (a) of substantial danger to the health or safety displacees. this section will be available at the earli- of the occupants). This policy shall be (a) Availability. No person shall be re- est possible time, but in any event not included by the State agency In all no- quired to move from his dwelling on ac- later than the date provided trder sec- tices served on property owners requiring count of a project unless within a reas- tion (b) (4) (a) (2) of this paragraph; (b) that code enforcement work be done. onable period of time prior to displace- to the- extent practicable, such replace- (g) Waiver. The requirement In para- ment there are available to such person ment housing will be made available to graph (a) of this section may be waived replacement dwellings which are: such person on a priority basis; and (c) only by the Secretary of Housing and (1) Decent, safe and sanitary; such person may, notwithstanding the Urban Development under the following (2) Demonstrated to be open. to all provisions of paragraph (b) (2) of this circumstances: persons regardless of race, color, religion, section and without prejudicing any (1) When displacement Is necessi- or national origin in a manner consistent rights under paragraph (b) (1) of this tated by a major disaster as defined In with Title VIII of the Civil Rights Act of section with respect to available replace- section 102(1) of the "Disaster Relief 1968, and available without discrimina- ment housing, reject offers of replace- Act of 1970" (84 Stat. 1745, Pub. L,. 91- tion based on sex or source of income; ment housing in the expectation of the 606) ; or availability of replacement housing by (2) During periods of Presidentially (3) In an area not subjected to un- the time such person would have ordinar- declared national emergencies; or reasonable adverse environmental condi- ily been displaced in accordance with the (3) Such other extraordinary or tions from either natural or manmade construction or development schedule of emergency situations where Immediate sources, and in an area not generally less the project. possession of real property Is of crucial desirable nor less accessible with regard (c) Use of temporaryfacilities by busi- importance. to public utilities and services, schools, ness concerns a7ld nonprofit organiza- tions. Subject to the prior approval of § 42.125 Coordination of relocation churches, recreation, transportation, and HUD, a person to be displaced from a activities. other public and commercial facilities; business or nonprofit organization may State agencies shall contact other and be provided a temporary facility (1) in Federal, State, and local governmental

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 PROPOSED RULES 26935

agencies to determine the extent of (d) Promptly after the amount of just cred to be the fair market value of the present and proposed governmental compensation is established in accord- part or Interest to be acquired as part of actions in or affecting the locality (or ance with this section, the State agency the whole property, and (2) an amount localities) which may affect the carry- shall offer to acquire the property for the representing any net damages orbenefits ing out of their relocation, assistance full amount so established, and shall to the remaining property. program and the availability of housing provide the owner with a written State- (g) If there are separately held resources State agencies shall be re- ment of the Basis for Determination of Interests in the real property to be ac- quired to stage the project activities in Just Compensation (the Statement), and quired, the Statement shall include an a manner which assures the availability summary of the basis for such amount. apportionment of the total just com- of ,a sufficient supply of adequate re- The Statement shall include, as a mini- pensation for each such interest to be placement housing meeting requirements mum, the following:. acquired. of § 42.120(a), giving consideration to (1) An accurate leal description and () If any buildings, structures, fix- the relocation needs of other programs location Identification of the real prop- tures, or other Improvements, compris- being carried out in a locality and the erty and the interezt thereon to be in- part of the real property, have been progress of construction or rehabilitation acquired. identified as being the property of a ten- of replacement dwellings or other relo- (2) An inventory Identifying the build- ant notwithstanding the riflt or obliga- cation accommodations. In addition, ings, structures, fLxtures, and other Im- tion to remove them at the expiration of State agencies- should cooperate with provements, including appurtenant re- his term. the total Just compensation for other displacing agencies to insure that movable building equipment, which are the real property, including the property relocation assistance and relocation pay- considered to be part of the real property of such tenant, shall be apportioned to ments will be admini tered in a manner for which the offer of just compensation the land owner and to the tenant so that consistent with the promotion of uniform is made, and an Identification of the the amount apportioned to the tenant's treatment of displacees from all such owner of each item of the inventory not Improvement3 to the real propery wil be programs. owned by the owner of the land. the greater of: (3) Arecital of the amount of the offer (1) The amount which the tenant's Subpart D-Real Property Acquision and a statement that such amount: Improvements contribute to the fair § 42.130 Purpose. (I) Is the full amount believed by the market value of the real property to be The purpose of this subpart is to set State agency to be just compensation acquired; or forth the practices to be followed with for the property; (2) The fair mnrket value of the ten- respect to acquisition of real property (ii) Is not le- than the approved ap- ant's improvements for removal from for a project, and to provide for pay- praisal of the fair market value of the the real property. ments to property owners for expenses property; An explanation of such apportionment incidental to transfer of title and, in (iII) Is based on the State gCenqy's in- shall be included in the statement. limited situations, payments for litiga- spection of the property and Its consId- (i) If the State agency acquires any tion expenses (see § 42.25(a) (2) for ap- eration of a stated number of appraisals interest in real property, it shall acquire plicability of this Subpart to the low- of the property made independently by at least an equal interest in all build- rent public housing program). competent profession3l appraisers, or is ing, structures, fixtures, or other im- based on the amount determined by HUD provements located thereon and vhich it § 42.135 Real properly acquisition prac- to,be just compensation. requires to be removed from the rea lices. (iv) Dlsregards any decreace or in- property or which It determines wil be In order to carry out the purpose of crease in the fair market value cauzed adversely affected by thL use to which the regulations in this Part, as set out by the project for which the property is the real property will be put. in § 42.10 (b) with respect to the aquisi- to be acquired, or by the likelihood that (J) Pavmet under this scation shall tioa of real property, the State agency the property would be acquired for such not result in duplication of any pay- shall, to the greatest extent practicable project, other than that due to phy-ical ments otherwize authorizsd by Iw. 1o underState law; be guided by the follow- deterioration within the reasonable con- such pa ment h211 be made unise the ing policis in acquiring real property trol of the owner; owner of the real property involved dis- for any project: (v) Does not reflect any conldeaton claims all intare t in the improvm--ents (a) The State agency shall make every of or allowance for any relocaton a-Jst- of the tenant and the tenant a--sigs, reasonable effort to acquire such real ance and payments which the owner Is transfers, and relmes to the State property expeditiously by negotiation. entitled to receive under Title II of the aency all his rgdht, titie, and interest (b) Real property shall be appraised Act or for the State vgency's agreement in and to such Improvements. No~thing in before the initiation of negotiations, and to pay certain settlement costs. thi- section shall deprive the tenant of the owner or his representative desig- (e)If only a portion of the property of the right to reject payment thereundr natedin writing shall be given an oppor- an owner, is to be acquired, the State- and to obtain payment of just compen- tunity, by reasonable advance written ment shall also set forth the baas for the satlon for his property Interest cs other- notice or otherwise, to accompany the determination of Just compensation, Ie.. wise provided for by applicable l=. appraiser during his inspection of the the amount by which the fair market W- An owner, or hi ritt n designe, property. The Secretary of HUD shall value of the property in its entirety shall be afforded an opportunity to ac- designate the minimum required num- belonging to the owner enceeds the f Ar company each appraiser durinz the in- ber of appraisals to be so obtained. market value of the remainder. The spaction of the property. , (c) Before the initiation of negotia- recognized definition of the term "ffir () If the acquisitin of any part of tions for the acquisition of such real market value" shall be set forth by the the property would leave an owner with property, the State agency shall estab- State agency in the Statement, an uneconomic remnant, the State lish an amount it believes to be just (f) If only a portion of the property is agency shall offer to acquire the entire compensation therefor Such amount to be acquired. an additional statement property. shell be (1) the State agency's review must be provided the property owner, to (m) Construction or development of appraiser's determination of the fair be identified as being for information a project ,shll be so scheduled that no market value of the property, or (2), if purposes only and not constituting the person lawfully eccupoying real pracT,r .HUD concurrence is required, the fair basis for the determination of Just com- shall be required to move from a dwell- market value as concurred in by HUD, pensation, which shall allocate the total Ing (=-umlng a replacement dwelling as or (3)-if required by specific HUD pro- estimated just compensation for the par- required by § 42120(a) will be avIfabe) gram regulations, the amount deter- tial taking to: (1) an amount represent- or to move his busines3s or farm opera- tion, without at least 90 days' written mined by HUD'to be just compensation. ing estimated Just compensation for the notice from the State agency of the date The date of valuation ordinarily will be real property to be acquired, which com- by which such move is required: Pro- -the date of the appraisal review. pensation shall be the amount consid- tided. That shorter notice may be given

FEDERAL REGISTER, VOL 36, NO. 187-THUSDAY, SEPTEMBER 27, 1973 26936 PROPOSED RULES where HUD determines that such 90-day 90 ddys of the service of such notice of § 42.137 Notice of State agency's deter. notice Is impracticable. intention. mination not to acquire. (n) If arrangements are made to rent the property to the owner, or his tenant, § 42.136 Notice of land acquisition pro- Whenever a State agency which has for a short term, or for a period subject cedures. issued a written notice of Its intent to to termination by the State agency on (a) At the time acquire or a firm offer to acqUire sub- The State agency noti- sequently determines short notice, the rental shall not exceed fies an owner of its intention to acquire not to acquire said the lesser of: the real acquire or a firm offer to acquire said property, it shall furnish him a property, (1) The fair rental value of the prop- written Notice of Land Acquisition -Pro- the State agency shall serve a erty to a short-term occupier; cedures, describing, in nontechnical written notice on the owner, all persons (2) The pro rata portion of the fair terms, the State agency's occupying the property and any other acquisition pro- person potentially eligible for relocation rental value for a typical rental period; cedures and the principal rights and op- or tions available to such payments and assistance. This notice owner. shall state .that the State (3) If the owner or his tenant is an (b) Such Notice shall include the fol- agency has do- occupant of the property as a dwelling, lowing: "termned not to acquire the property and that any person twenty-five (25) percent of his income. (1) A description of the basic objec- moving from the prem- (o) The State agency shall make tives of the State agency's land acquisi- ises thereafter Will not be eligible for every reasonable effort to discuss with tion program relocation payments and assistance. This and a reference to the notice shall the owner its offer to purchase his real availability of the State agency's state- be served nd later than 10 property, including all relevant terms ment days from the date of the State agency's covering relocation benefits for determination and conditions. The owner shall be given which an owner-occupant may be eli- not to acquire. reasonable opportunity to present mate- gible; § 42.140 Payments--c-xpenses incidental rial which he believes to be relevant as (2) A statement that the owner or his to transfer of title. to the question of value and to suggest representative designated in writing shall modification in the proposed terms and (a) General. The State agency, as be given the opportunity to accompany soon as practicable after the date of conditions of the purchase, and the State each appraiser during his inspection of agency shall carefully consider 'the payment of the purchase price or the the property; date of deposit in court of funds to sat- owner's presentation. (3) A statement that if the acquisition (p) If the evidence presented by an isfy the award of compensation In a con- of any part of his real property would demnation proceeding to acquire real owner or a material change in the char- leave him with an uneconomic remnant, acter on condition of the property in- property, whichever Is earlier, shall re- the agency will offer to acquire the en- imburse the owner, to the extent dicates the need for new appraisal evi- -tire property; the dence, or if a significant delay has oc- State agency deems fair and reasonable, (4) A statement that if the owner is for expenses such owner necessarily in- curred since the time of an appraisal, the not satisfied with the State agency's offer Agency shall have the appraisal updated curred for: of just compensation, he may refuse to (1) Recording fees, transfer or obtain a new appraisal. If a modifica- accept taxes, and tion it and that if he can provide similar expenses incidental to conyeying in the Agency's determination of evidence concerning value or damage just compensation is warranted, an ap- such real property to the State agency; that warrants -a change In, the State (2) Penalty costs for prepayment of propriate price adjustment shall be made agency's determination of just compen- and the new amount determined to be any preexisting recorded mortgage en- sation, the price will be adjusted accord- tered into in good faith encmnbering just compensation shall be promptly of- ingly, and that if a voluntary agreement fered in writing to the owner. such real property; and cannot be reached, the State agency will (3) The pro rata portion of real prop- (q) No owner shall be required to sur- institute a formal condemnation pro- render possession of real property before erty taxes paid which are allocable to a ceeding against the property, depasiting' period subsequent to the date of vesting the State agency pays the agreed pur- in the court the full amount of the State chase price, or deposits of title in the State agency, or the effec- with the court in agency's estimate of just compensation; tive date of possession which the State agency has instituted a of such real prop- (5) A statement identifying settlement erty by the State agency, whichever is condemnation proceeding for such prop- and related costs-that erty, for will be paid by earlier. the benefit of the owner, an the State agency; (b) amount not less than the fair market Documentation in support of a (6) A statement that construction or claim. If real property Is acquired by value of such property, determined in condemnation, accordance with paragraph (c) of this development of a project shall be so a claim for payment section, or the amount sch6dued that no person lawfully oc- under paragraph (a) of this section shall of the award of cupying real property shall be submitted to compensation in the condemnation pro- be required the State agency and ceeding for to move from a dwelling (assuming a re- supported by such documentation as such property. placement my be required (r) In no eient dwelling as required by § 42. by the State agency. If shall the State agency 120(a) will be available) or to move his the real property is acquired by pur- either advance the time of condemnation business or farm chase, payment or defer negotiations operation, without at shall be made at settle- or condemnation least 90 'days' written notice from the may be required by the State agency. If and the deposit of funds in court for the State agency ment of the acquisition use of the of the date by which such and accounted owner, or take any other move is requiredr: Provided, That shorter for in the settlement statement, on the action which is coercive or misleading in notice may be given basis of, such documentation nature (including where HTD deter- as may be the offer of payments mines that such 90-day notice is imprac- required by the State agency. under the regulations in this part) in ticable. (c) Time for filing claims. Each such order to compel or induce an agreement (7) A statement on the price to be paid that if arrangements claim shall be submitted to the State for the property. are made to rent the property to agency within a (s) an period of six months If any interest in real property is owner or his tenant for a short term or after the acquisition of the property, to be acquired by exercise of the power for a period subject to temination by the publication of the regulations in of eminent domain, the State agency the Agency this on short notice, the rental part, or the filing shall institute formal condemnation pro- will not exceed the lesser of: of assurances in ac- ceedings. No State agency shall inten- *(I) The fair rental value of the prop- cordance with § 42.30, whichever Is later. tionally make it necessary for an owner erty to ashort-term occupiei; § 42.145 Payments-litigation expenses. to institute legal proceedings to prove (ii) The prorata portion of the fair the fact of the taking of his real property- rental value for a typical rental period; (a) General. The State agency shall (t) In any case in which a notice is or reimburse the owner of any real prop- served by the State agency of its in- (iii) If the owner or his tenant Is an rety for the owner's reasonable costs, tention to acquire real property, initia- occupant of the property as a dwelling, disbursements, and expenses of litiga- tion of negotiations shall occur within twenty-five (25) percent of his income. tion, including attorney, appraisal, and

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 PROPOSED RULES 2693-7

6ngineering fees, actually incurred be- (a) (1) -and c) (1) and 42.95 (a) (2) and any financial claim the agency may have cause of condemnation proceedings, if: c) (2) and a separate schedule for de- against the person arising out of the use (1) In a condemnation proceeding In- termining the amount of payments under -of the real property, subject to the stituted by the State agency to acquire §§ 42.95 (a) (1) and c) (1) of this Part. qualification set forth below. Before tak- such real property for a project, the final In all cases in which the State agency Is ing any setoff action, the State agency judgment of the court having jurisdic- required to do so, It shall submit Its shall notify the displaced person of its tion over such proceeding is that the schedules for HUD approval. The sched- intention to setoff the claim and shall State agency cannot acquire the real ules shall be consistent with the regula- advise the person that he may within 30 property by condemnation; or tions in Subpart C of this Part; shall be days file a statement denying or dis- (2) Such proceeding is abandoned by kept current; shall, to the maximum ex- puting the claim. If such statement is the State agency other than pursuant to tent possible, reflect the costs set forth filed by the person, the State agency an agreed-upon settlement of the pro- in schedules used by other State agencies may tentatively set off the claim if it posed acquisition of the property by di- in the locality; and shall be available In Institutes within 30 days and diligently rect purchase; or written form to all persons in the office prosecutes a judicial action to obtain a () A court of comletent jurisdiction of the State agency. If there is an insufn- Judgment for the claim. Once the State renders a judgment in favor of the owner cient supply-of comparable replacement agency obtains a Judgment for the claim, as plaintiff in an inverse condemnation housing meeting the definition of the setoff will be deemed final. If judicial proceeding or the State agency effects a § 42.20(b), new, rehabilitated or more proceedings are instituted and the State settlement of such proceeding. recently constructed housing, including agency is denied a Judgment or if the (b) Limitations. No -payment under publicly assisted housing, shall be used in State agency, does not institute and paragraph (a) of this section shall be developing the schedules. prosecute proceedings as set forth above, made unless HUD is satisfied that the §42.165 Notice to pcrsons in project the State agency shall pay the full costs involved are reasonable and di- amount of the relocation claim if other- rectly and necessarily related to such area. wise eligible. The cost of removal of condemnation proceedings. The State agency shall furnish, at the personal property shall not be considered (c) Documentation. in support of a earliest possible date, to all persons who as an offsetting charge against the claim claim. A claim for a payment under own or occupy property within a of an otherwise eligible person. paragraph (a) of this section shall be project area (or the area of the fed- submitted to the State agency and HUD. erally-assisted activities) and who are § 42.185 Accouns and records. (d) Time for filing claims. Each claim anticipated to be displaced, a notice or Accounts and records shall be subject shall be submitted to the "State agency information statement advising them of to inspection or audit at all reasonable within a period of six months after final (a) the availability of payments under times by HUD. Records pertaining to Judgment in accordance with paragraph these regulations to eligible persons, (b) eligibility for payments, including all (a) (1) or (3) of this section, or the aban- the office where the conditions under claims, receipted bills, or other docu- donment of a condemnation proceeding which such payments will be made are mentation in support of a claim, and by a State agency, whichever is appli- available for inspection, and (c) the records pertaining to action on a claim, cable. earliest date on which such persons may shall be retained by the State agency § 42.150 Effect upon property acquisi- move and still qualify as a displaced per- for not less than 3 years after the com- tion. son. The State agency shall take reason- pletion of the project. Timely and com- able steps to publicize this Information In plete reports shall be submitted in ac- (a) The provisions of this Subpart D language(s) and in a fashlon most likely cordance wth BUD requirements. create no rights or liabilities and shall to be understood by the persons to be hot affect the validity of any property affected, such as by using the local media, § 42.190 Payments not to b e considered acquisitions by purchase or condemna- posters in public places and other forms as income. tion. of public communication, and (d) such No payment received under these reg- (b) Nothing in these regulations shall other information as may be prescribed ulations by a displaced person shall be be construed as creating in any condem- by HUD. considered as income for the purposes nation proceedings brought under the of the Internal Revenue Code of 1954; power of eminent domain any element of § 42.166 Manner of Notice. or for the purposes of determining the value or of damage not in existence im- Any notice required by this Part shall eligibility or the extent of eligibility of mediately prior to January 2, 1971, the be personally served or sent by certified any person for assistance under the date of enactment of the Uniform Relo- or registered first-class mail (return Social Security Act or any other Federal cation Assistance 'and Real Property receipt requested). law. Acquisition Policies Act of 1970. § 42.170 Revicw of claims. § 42.195 Displacement ini connection Subpart E--Administration " The State agency is ifitially respon- with more than one project. § 42.155 Purpose. o sible for determining the eligibility of a No person shall be entitled to more The purpose of this subpart is to set claim for, and the amount of, any pay- than one payment under each of forth-the provisions relating to the over- ment under the regulations In this part §§ 42.65-42.95 and §§ 42.140 and 42.145 all administration of the regulations in and shall maintain In Its files complete on account of a single displacement or this part. and proper documentation supporting a single acquisition, notwithstanding the determination. The determination on that the displacement or acquisition is § 42.160 Schedules of prices of com- each claim shall be made or approved in connection with more than one Fed- parable replacement dwellings. either by the governing body of the eral or federally assisted project. In order to promote the uniform ad- agency or by the principal executive ministration of relocation payments officer of the agency or his duly author- § 42.200 Policies and requirements of where several federally-assisted projects ized designee. HUD. All determinations or other actions by or programs are causing displacement in § 42.175 Prompt payment. a single locality, or in cases in which a the State agency provided for under the State agency otherwise determines that A payment shall be made by the State regulations In this part shall be under- agency as promptly as possible after the use of a schedule is desirable, it may, a taken In accordance with the policies and with HUD concurrence, make use of person's eligibility has been determined schedules of representative price ranges in accordance with the regulations in requirements of HUD as issued from time of comparable replacement dwellings in this part. to time. I the locality. Such schedules shall be used § 42.180 Agency setoff against claim. § 42.205 Waivers. for determining the amount of replace- The State agency may set off against A waiver of any sectioif of these reg- ment housing payments under §§ 42.90 the claim of an otherwise eligible person ulations not required by law, may be

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26938 PROPOSED RULES

authorized only with respect to a par- Interested persons may participate In shall govern the operation of these ticular claim and by the Secretary of this proposed rulemaking by submitting bridges. Housing and Urban Development or his written data, views, or arguments to the (Sec. 5,28 Stat. 362, as amended, Peo. 6(g) (2), authorized designee after such claim has Commander (oan), Eighth Coast Guard 80 Stat. 937 (33 U.S.C. 409, 40 U.S.C. 100 been reviewed by HUD: Provided, That District, Customhouse, New Orleans, (g) (2)) 49(c) (6), 33 CPR.) the limitations provided in § 42.60 with Louisiana, 70130. Each person submitting Dated September 19, 1973. respect to the time of filing of claims comments should include his name and may be waived by the State agency for W. Al. BnLjutnuf, address, identify the bridge, and give - Rear Admiral, good cause. reasons for any recommended change in U.S. Coast Guard, ApPmxmx A-Example of computation of the proposal. Copies of all written com- Chief, Office of Marine En- payment for increased interest cost under munications received will be available for a ironment and Systems. § 42.90(c) (2)2 examination by interested persons to the [FR Doc.73-20584 FIlcd 9-2G-73;8:46 aml Dwelling to be acquired: office of the Commander, Eighth Coasf Acquisition price ------$12, 000. 00 Guard District. [ 46 CFR Part 160 ] Existing mortgage: The Commander, Eighth Coast Guard Inteiest rate (percent)----- 6 [COD 73-160P] Remaining term (years)---- 10 District, will forward any comments re- Remaining principal balance- $7,295.93 ceived before October 30, 1973, with his INFLATABLE LIFERAFTS monthly principal and interest recommendations to the Chief, Office of payment ------$81.02 Marine Environment and Systems, who Notice of Proposed Rulemaking Owner's equity------$4, 704.07 will evaluate all communications re- The Coast Guard is considering Available comparable decent, ceived and take final action on this pro- amending the specifications for inflata- safe, and sanitary dwelling: posal. The proposed regulations may be ble liferafts by outlining more explicitly Price ------$15, 000. 00 changed in the light of comments the conditions under which they are Prevailing interest rate (per- inflation capability cent) " 8 received, tested to verify their Supplemental payment for re- In consideration of the foregoing, it is after exposure to various temperatures. placement housing cost dif- proposed that Part 117 of Title 33 of the Interested persons may submit written ferential ------$3000. 00 Code of Federal Regulations, be amended data, views, or arguments concerning Payment for increased interest by adding a new § 117.545 immediately this notice to the Commandant cost ------$700.00 after § 117.540 to read as follows: (G-CMC/82), U.S. Coast Guard, Wash- Computation of payment for in- ington,. D.C. 20590. Written comments creased interest cost: § 117.545 Bridges in Louisiana where should include the docket number of this Monthly principal and interest constant attendance is not required. cost for new mortgage of notice (CGD 73-160), the name and ad- $7,295.93 for 10 years at 8 (a) The following bridges shall open dress of the person submitting the com- percent Interest ------$88.57 on signal from 5 am. to 9 pm. ments, the section number of the pro- Zlonthly principal and interest U.S. 90 drawbridge, West Penn River, mile 7.9. posal to which the comment Is addressed, cost for existing mortgage of S-433 drawbridge, Liberty Bayou, mile 2.0. any specific wording recommended, and $7,295.93-for 10 years at 6 S-,433 drawbridge, Bonfouca Bayou, mile 7.0. the reason for any recommended change. percent interest ------$81.02 S-22 drawbridge, Amile River, mile 6.0. Comments received on or before Octo- Mionthly interest difference --- $7.55 US. 90 drawbridge, Houma Canal, mile 1.7. ber 31, 1973, will be fully considered and Present worth of $7.55 monthly S-631 drawbridge, Des Allemands Bayou mile interest difference for 10 evaluated before final action is taken on 13.9. this proposal. Copies of all written com- years, discounted at the as- S-58 drawbridge; Little (Petit) Caillou sumed interest rate paid on Bayou, mile 25.7. munications received will be available for savings deposits, at 5 per- S-24 drawbridge, IAttle (Petit) Callou examination in Room 8234, Comman- cent ------$700.00 Bayou, mile 33.7. dant (G--CMC/82), U.S. Coast Guard, Increased interest cost pay- --3087 drawbridge, Terrebonne Bayou, mile- Washington, D.C. both before and after ment due property owner--_ $700.00 33.9. the closing date for the receipt of coin- The example of computation of payment U.S, 90 drawbridge, Lafourche Bayou, mile ments. The proposal contained In this for increased interest cost set out above ap- 58.2. document may be changed in the light pears on p. 10 of H. Rept. No. 91-1656, 91st 8-829-18 drawbridge, Vermilion River, mile Cong., 2d sess. (Report of the Committee on 22.4. of the comments received. However, It Public Works, House of Representatives ac- S-14 drawbridge, Vermilion River, mile 25.4. is anticipated that the effective date of companying S. 1. the proposed Uniform Re- S-14 drawbridge, Vermilion River, mile-26.0. the final rule will be 1 July 1974. location Assistance and Real Property Acqui- -92 drawbridge, Vermilion River, mile 37.6. For the past three years, the Coast sition Policies Act of 1970). S-733 drawbridge, Vermilion River, mile 41.6. Guard has been irlvestigatlng the per- [FR Doc.73-20607 Flied 9-26-73;8:45 am] S-3073 drawbridge, Vermilion River, mile formance of marine liferafts at low tem- 44.9. peratures. The investigation was initi- S-3069 drawbridge, Teche Bayou, mile 1.72. S-322 drawbridge, Teche Bayou, mile 19.8. ated as part of a review of the in-service S DEPARTMENT OF performance of liferafts and other life- TRANSPORTATION S-323 drawbridge, Teche Bayou, mile 22.3. S-324 drawbridge, Teche Bayou, mile 32.5. saving appliances. In anticipation of -Coast Guard S-670 drawbridge, Teche Bayou, mile 37.0. more service in cold regions together [33 CFR Part 8-671 drawbridge, Teche Bayou, mile 41.8. 117 ] S-320 drawbridge, Teche Bayou, mile 48.7. with consideration of proposals under [CGD 73-214P S--344 drawbridge, Teche Bayou, mile 62.5. study by the Intergovernmental Marl- DRAWBRIDGES ACROSS NAVIGABLE 8-86 drawbridge, Teche Bayou, mile 69.0. time Consultative Organization and sev- WATERS IN LOUISIANA 8-96 drawbridge, Teche Bayou, mile 75.2. S-350 drawbridge, Teche Bayou, mile 82.0. eral vessel operators and designers to fit Notice of Proposed Rulemaking S-330 drawbridge, Tigre Bayou, mile 2.3. only liferafts on vessels as primary life- The Coast Guard is considering 8-82 drawbridge, Superior Oil Co. Canal. saving appliances, performance of the S-83 drawbridge, amending the'regulations for 31 high- Patout Bayou, mile 0.4. rafts at low temperatures was simulated way drawbridges in Louisiana to- allow (b) From 9 pm. to 5 a.m. the draws of in laboratory climatic chambers, These closed periods from 9 p.m. to 5 am., the bridges listed In paragraph (a) shall however, the draws would open during tests also were used to measure per- this period if at least 12 hours notice is- open on signal if at least 12 hours notice formance against the results of SOLAS given. This is being considered because Is given, however, constant attendance 1960 for inflation at -220F. of limited openings during this period. is not required from 9 p.m. to 5 am. The first series of tests conducted by All of these bridges are presently required -(c) In all other respects, the regula- the Coast Guard in December 1970 of- to open on signal. tions contained in § 117.240 of this part ferred the following conclusions:

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 PROPOSED RULES 269239

1. The effect of low temperature on (46 U.S.C. -375, 410, 49 U.S.O. 165(b)); 49 from a secured position could trigger the inflation of a CO. raft begins at a CFR 1.4(b) and 1.46(b).) violence; and that the risk of a hijacker level between 15°F and 0'F. D. H CLIFTON, firing into an unsecured crew compart- 2.-The rafts presently approved will Captain, U.S. Coast Guard, ment is minimal, since the hijacker needs have to be altered if they are to fully Acting Chief, Office of Zrer- the pilots to fly him to his destination. comply with the intent of SOLAS 1960 clzant Marine Safety. In the opinion of the ATA and other or be used in polar regions. commentators, the proposed improve- A second series of tests conducted by SEPTEMBER 21, 1973. ments in the physical security of the the Coast buard ih larch 1973 sup- [FR Doc.73-20585 Flted 9-2G-73;8:45 am] crew compartment would lead to more plemented the above as follows: extensive use of explosives to threaten ation cylinder gas quantities and ra- the crew. The ATA also believes that it infl Federal Aviation Administration would naturally tend to discourage desir- ties are inadequate to achieve a satis- [ 14 CFR Parts 25, 121 3 able face-to-face negotiation between fac tory inflation at -22°F. [Docket I~o. 10460; Reference Notlce 72-71 the flight crew and the hijacker. 2. It is technically and economically PILOT COMPARTMENT SECURIT: .LARGE A physician who commented on the feassible to achieve raft design shape in TURBOJET POWERED PASSENGER- proposed requirements expressed the a period of 3 minutes by modifying ex- CARRYING AIRPLANES view of several commentators that set- isti ig installed raft cylinders. ting up obstacles in the path of a men- 3.* The present accepted 24-hour pe- Withdrawal of Notice of Proposed Rule tally incompetent Individual, who is ob- riodI for the low temperature exposure-of Making sessed with a need to commit an act such a r dt is not sufcient in all cases. Either The purpose of this notice Is to with- as hijacking. may only make him modify this period should be extended or draw Notice 72-7, published in the FEo- his approach and increase his despera- therrmocouples employed to achieve at ERAL RGISTER on March 17, 1072 (37 FR tion, and that turning the crew compart- the interior of a raft the -22*F tem- 5638), in which the FAA solicited com- ment into a fortress may only serve as a perniture required in the SOLAS con- ments on proposed amendments of Parts challenge to certain mentally unbalanced ion. 25 and veny1 121 of the Federal Aviation Reg- individuals. n view of the intended usage of life- ulatlions that would prescribe require- In light of the comments received and rafts and the results of the tests con- ments to improve the security of the pilot considering the various hijacking due' ed by the U.S. Coast Guard, it is compartment on all large turbojet pow- schemes used to date, It does not appear pro]posed to amend Subchapter Q, spec- ered passenger-carrying airplanes oper- that a bulletproof crew compartment ific Ltions, of Title 46, Code of Federal ated under Part 121. The FAA received would make it possible to force a hijacker Regulations as follows: nine comments favoring adoption of the to remain in the passenger compartment 1. Section 160.051-5(c) (4) is amended proposed regulations and 20 comments in while he is negotiating with the flight by revising the sixth sentence which opposltlon to the proposal. crew. Furthermore, the FAA believes that folo ows the -sentence ending with the A number of the commentators sup- the possibility of injury or death to a wor ds "required to be fully erect" and porting the proposals did so simply for hostage will cause most flight crewmem- § 160.051-5 is amended by revising sub- the reason ,that they believe anything bars to admit the hijacker to the crew panagraph (e)(11) to read as follows: should be done that might possibly stop compartment. §16,0.051-5 Inspections and tests. hijacking. Several airline captains indi- The FAA agrees with those commenta- . - . . cated that they would like the added tors who believe that the greatest effort ) .protection offered by the proposed should be concentrated on apprehending (c regulations. any person Intent on interfering with the I) Inflation Test. * * required to The Air Line Pilots Association ully erect. operation of an airplane before he boards be I The specimen shall reach (ALPA) stated that the proposals, with that airplane. Since the Issuance of No- its designed working pressure with the minor changes, would completely satisfy tice opy 72-7. the FAA has amended the can fully erect in not more than ^l its requirements. The ALPA contended security pro-rams of all Part 121 certifi- minute 30 seconds after the first carbon that, if the crew were able to communi- cate holders subject to § 121.538 to pro- dioi ide inflation valve is operated, * cate with a hijacker from a secure posq- vide that no such certificate holder may * * * tion, it might be able to dissuade him permit any passenger to board its air- (e )* * * from completing the crime, but If it were craft unless all carry-on baggage items (1.1) Temperature Exposure. (i)Gen- unable to do so, It could comply with the are inspected to detect weapons, explo- eral- The packed raft must be exposed hijacker's transportation demands more sves, or other dangerous objects, and ina test chamber to a temperature of safely without him in the cockpit. It also each passenger is cleared by a detection -22 :°F, inflated and then repacked and expressed the view that the bulletproof- device without indication of unac- exp osed to a temperature of 150' F and ing of the crew compartment would offer counted-for metal on his person, or, in inflaated. protection from the possibility of gunfire the absence of a detector, each passenger (ii) Procedure. (a) Thermocouples or in the passenger cabin. has submitted to a consent search prior to similar instrumentation must be located In general, the comments in opposition boarding. In addition, the FAA has at the inflation cylinders and at the to the proposals asserted that the pro- amended Part 107 of the Federal Avia- cent er of the packed raft. (b) The packed posed changes in the crew compartment tion Regulations to require that each air- raft must remain exposed in the chain- would not have prevented past aircraft port operator subject to Part 107 amend ber until the test temperature has been hijackings, and, therefore, will not pre- Its master security plan to provide for reached. Cc) Inflation must take place vent or deter hijacking in the future. the presence of at least one law enforce- inthe test chamber. However, for ele- Most of these commentators were of the ment officer at the point of, and prior to vated temperature test, raft may be re- opinion that the only way to prevent air- and throughout, the final passenger mov'ed from chamber if inflation begins craft hijacking is to keep the hijacker screening process prior to boarding, for witt diu one minute of its removaL and his weapon off the airplane. each flight conducted by a certificate (i11)Results. (a) Theraft must achieve The Air Transport Association (ATA) holder required to have a security pro- desi gn shape with its canopy erect within in its comment asserted that the pro- gram under § 121.538 and by each for- three minutes after exposure to the low posed requirements would not result in elgn carrier that requests such law en- ternperature. (b) The raft fabric may not any improvement in inflight Lecurlty, forcement support. By reason of the sho w signs of cracking, tackiness, or since hostages could continue to be used foregoing, the FAA. ping seams has determined that further rule-making slip and must be in all re- to gain entry to the crew compartment. action on the proposed amendments is sect s ready for use after exposure to the The ATA expressed the view that any not appropriate at the present time, and elevated temperature. slight miscalculation on the part of the that Notice 72-7 should be withdrawn. . . . . * flight crew in attempting negotiation The withdrawal of this notice, however,

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 , 26940 6 PROPOSED RULES

does not preclude the FAA from issuing formal docket also will be available for 2. In § '71.181 (38 FM 435) the Sitka, similar notices in the future or commit examination at the office of the Regional Alaskz, 700-foot transition area would the FAA to any course of action. Air Traffic Division Chief. be amended to read as follows: In consideration of the foregoing, the As part of this proposal relates to the STA, ALASIxA notice of proposed rulemaking published navigable airspace outside the United In the FEDERAL REGISTER on March 17, States, this notice is submitted in con- That airspace cxtending upward from 700 feet above the surface within 3 miles north- 1972 (37 FR 5638) and circulated as No- sonance with the ICAO International west and 2 miles southeast of the SIlta R]3N tice 72-7, entitled "Pilot Compartment Standards and Recommended Practices. 207°T (179°1l) bearing, extending from the Security: Large Turbojet Powered Pas- Applicability of International Stand- RBN to 8 miles southwest of the RBN: within senger-Carrying Airplanes" is hereby ards and Recommended Practices by the 2 miles each side of the Blorka Island VOn- withdrawn. Air Traffic Service, FAA, in areas outside TAC 148°T (120°M1) radial, extending from the VORTAC to 8 miles southeast (Sections 313(a), 601, 603, 604, and 605 of domestic airspace of the United States of the is governed by Article 12 of and Annex VORTAC; within 2 miles each side of the the Federal Aviation Act of 1958 (49 U.S.C. Sitka RBN 147°T (119*M) bearing, extending 1354(a), 1421, 1423, 1424, and 1425.) see. 11 to the Convention on International from the RBN to 8 miles southeast of the 6(c), Department of Transportation Act (49 Civil Aviation, which pertain to the es- RBN; and within 2.5 miles each side of the U.S.C. 1655 (c)).) tablishment of air navigation facilities localizer northwest course, extending from Issued In Washington, D.C., on Sep- and services necessary t" promoting the 14 miles northwest to 22 miles northwest of tember 13, 1973. safe, orderly and expeditious flow of civil the localser. air traffic. Their purpose is to insure The 1,200-foot portion of the transition JAwSEs F. RANDOLPH, that civil flying on international air ai'ea would remain unchanged. Director, routes is carried out under uniform con- (See. 307(a), 1110, Federal Aviation Act of Flight StandardsService. ditions designed to improve the safety 1958 (49 U.S.C. 1348(a) and 1510), Executive [FR Doc.73-20596 Filed 9-26-73;8:45 am] and efficiency of air operations. Order 10854 (24 FR 9505): sec. 6(c), Dapart- ,The International Standards and ment of Transportation Act (49 U.S.C. Recommended Practices in Annex 11 1655(c)).) [14 CFR Part 71J apply in those parts of the airspace Issued in Washington, D.C., on Sop- [Airspace Docket No. 73-AL-10] under the jurisdiction of a contracting tember 19, 1973. SITKA, ALASKA CONTROL ZONE AND State, derived from ICAO, wherein air traffic services are provided and also CHARLES H. NMVPOL, TRANSITION AREA whenever a contracting State accepts Acting Chief, Airspace and Air Proposed Alteratioh the responsibility of providing air traffic Trafc Rules Division. The Federal Aviation Administration services over high seas or in airspace IFR Doc.73-20597 Filed 9-6-73;0:45 am] (FAA) is considering an amendment to of undetermined sovereignty. A contract- ing State accepting such responsibility Part 71 of the Federal Aviation Regula- may apply the International -Standards National Highway Traffic Safety tions that would alter the Sitka, Alaska, Administration Control Zone and Transition Area to and Recommended Practices to civil air- craft in a manner consistent with that [49 CFR Part 571] comply with U.S. Standard for Terminal adopted for airspace under its domestic Instrument Procedures (TERPs) and re- [Docket No. 1-18; Notice 10] vised criteria for establishment of termi- jurisdiction. In accordance with Article 3 of the CONTROLS AND DISPLAYS nal controlled airspace. Convention on International Civil Avi- The proposed alteration would increase Motor Vehicle Safety Standards the length of the control zone northwest ation, Chicago, 1944, state aircraft are extension from 10 miles to 14 miles and exempt from the provisions of Annex 11 This notice proposes an amendment the width from two miles to 2.5 miles and its Standards and Recommended of Motor Vehicle Safety Standard No. each side of the localizer northwest Practices. As a contracting State, the 101 that would add certain foot-operated course. The 700-foot transition area United States agreed by Article 3 (d) that controls to those presently required to northwest extension would be redefined Its state aircraft will be operated in be operable by a restrained driver, and as within 2.5 miles each side of the international airspace with due regard requirements for location, Identification, localizer northwest course, extending for the safety of civil aircraft. and illumination of certain motor vehicle from 14 miles to 22 miles northwest of Since this action involves, in part, the displays. The proposed effective date is the localizer. Additionally redefined co- designation of navigable airspace outside September 1, 1975. ordinates of the Airport Reference Point the United States, the Administrator has Properly located, effectively Identified, consulted with the Secretary of State and correctly illuminated controls and (ARP) and minor editorial changes are ° contained in this docket. and the Secretary of Defense in accord- displays can reduce the amount of time Interested persons may participate in ance with the provisions of Executive a driver must divert his attention from the proposed rulemaking by submitting Order 10854. the road, and increase his effectiveness such written data, views or arguments In consideration-of the foregoing, it is as a safe vehicle operator. Standard No. as they may desire. Communications proposed that Part 71 of the Federal Avi- 101 currently requires a number of hand- should Identify the airspace docket ation Regulations be amended as herein- operated controls, if provided, to be op- erable by a driver restrained by bolt5 number and be submitted in triplicate after set forth: provided in accordance with Standard to the Director, Alaskan Region, Atten- 1. In § 71.171 (38 FR 351) the Sitka, tion: Chief, Air Traffic Division, Federal No. 208. The NHTSA has tentatively de- Aviation Administration, 632 Sixth Alaska, Control Zone would be amended cided that foot-operated controls should Avenue, Anchorage, Alaska 99501. All to read as follows- be added to this location requirement. communications received on or before SITHA, ALASnA They are: service brake, accelerator, October 29, 1973, will be considered be- clutch pedal, high beam switch, and Within a 5-mile radius of the Sitka Airport windshield washer control. fore action is taken on the proposed (Lat. 57-02'55"" N., Long. 135*21'45" W.); amendment. The proposal contained in within 2 miles each side of the Biorka Island Certain displays, if provided, should this notice may be changed in the light VORTAC 0290T (001°14) and 2090T (181°Al) also be observable by a restrained driver, of comments received. radials, extending from the 5-mile radius and not obscured by the steerfng whee). An official docket will be available for zone to 2 miles southwest of the VORTAC; They are: speedometer, odometer, turn within 2 miles each side of the Sitka RBN signal indicator, gear position indicator, examination by interested persons at 0271T (3591M) and 207°T (179°I1X) bearings, brake failure warning indicator, coolant the Federal Aviation Administration, extending from the 5-mile radius zone to 2 temperature indicator, oil pressure indi- Office of the General Counsel, Attention: miles southwtest of the RBN; and within 2.5 miles each side of the localizer northwest cator, high beam indicator, and electrical Rules Docket, 800 Independence Avenue, course, extending from the 5-mile radius charge indicator. All these displays (ex- SW, Washington, D.C. 20591. An in- zone to 14 miles northwest of the localizer. cept the turn signal indicator and high

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEBER 27, 1973 f PROPOSED RULES -26911

beam indicator, whose function is evi- Proposed effective date: September 1, trol chal be identified as a minimum by dent) should be identified in a consist- 1975. the word or abbreviation specified in ent, simple manner, and the notice pro- (Secs. 103, 119, Pub. L. 89-G3. 0 Stat. 7, Column 2. A control may, in addition, be poses such identification. (15 U.S.C. 1392,1407); delegation of authority Identified by a symbol, but only a sym- Displays should also be illuminated, at 49 CFR 501.8 and 1.51.) bol shown In Column 3 shall be used. if the word "None" appears in arid the NHTSA is proposing green for Issued on September 20, 1973. However, inside-mounted turn signal indicators Column 3, no symbol shall be provided. and blue for high beam indicators. If RonrT L. CA=.n, Idantification shall be placsd on or ad- lights are used instead of gauges, the Associate Administratoro Jacent to the control., vi ible to the driver color red would be used for any light Motor Vehi.c Programs. and shall appear to the driver In a per- indicating a hazard requiring immedi- §57L101 Standard No. 101; controls ceptually upright pozition, ate corrective action, such as a brake and displnys. (Effcctivo Septem- S4.2. Identification shall be provided failure warning. The color yellow would ber 1, 1974). for each function of any automatic vehi- be used-for any light indicating a pos- cle cp ed system control and any heat- sible need for future corrective action, Sl. Scope. This standard species re- lg and air conditioning system control, such as the initial warning of a low fuel quirements for the location, Identifica- and for the extreme positions of any level, if an early warning feature is tion, and Illumination of motor vehicle such control that reulates a function incorporated in the system. Finally, controls and displays. over a quantitative range. Color coding green would be used for any light indi- S2. Purpose.The purpose of this stand- may be used as an aid to Identification, cating information unrelated to any ard Is to insure the accesibility of motor eg., red for hot, blue for cold. need for corrective action, such as the vehicle controls and displays and to fa- Zzampl 1. A clIde level controla the tern- gear position indicator. If illumination cilitate their selection under daylight peraturo of the air In the vehicle heating not listed in the and nighttime conditions, In order to re- cystcm over a continuouz range, from no heat of controls and displays by the standard is provided, it should be'varl- duce the safety hazards caused to maximum heat Since the control regu- in intensity in the same manner as diversion of the driver's attention from lates a single function over a quantitative able the driving task. range, only tho etrcme p o require that required by the standard. Idcnttilcation. for headlamps S3. Application. This standard applle3 The permissible symbols to passenger cars, multipurpose passen- Example 2. A switch has three positions, and taillamps, and windshield wiping for heat, dfrost, and air conditioning. Since would be modified slightly, to ger vehicles, trucks, and buses. each pItion regulatez a different function, system car, conform to those adopted by the Inter- S4. Requirements. Each passenger each posi ion must be identified. Organization. Two multipurpose passenger vehicle, truck, national Standards and bus manufactured with any control S4.2.3 Any display listed in Column new ISO symbols -would also be adopted, 1 of Table 2 shall be Identified, as a mini- sys- listed in S4.1 or Column 1 of Table 1, those for a combination wipe-wash or any display listed in S4.1 or Column 1 mum, by the word or abbreviation speci- tem and for the heating and air condi- fled in Column 2. However, if the word control of Table 2, shall meet the requirements tioning system fan of this standard for the location, Identl- "None" appears in Column 2, no word or The proposed standard also incorpo- abbreviation shall be provided. Identifi- interpretations previously pub- fication, and illumination of such con- rates trol or display. cation shall be placed on or adjacent to lished in a preamble to amendments, re- S4.1 Location of controls and dis- the display, visible to the driver and shall lating to 'appearance of identification to plays. Each of the following hand-op- appear perceptually upright. the driver, and color coding of heating erated and foot-operated controls shall S4.3 llumination of controls and dis- and air conditioning controls (36 FR be operable, and each of the followin- dis- pay.s. 8296). S4.3.1 Except for foot-operated con- it is plays shall be visible, under the condi- In consideration of the foregoing, tions of S5, by the driver: trols or hand-operated controls mounted proposed that 49 CFR 571101, A[otor HAID-OPin&Ar= Co r.-Oo upon the floor, the steering column, or in Vehicle Safety Standard No. 101 be the windshield header area, the identifi- amended as set forth below. (a) Steering wheel cation of any control listed in Column 1 Interested persons are invited to sub- (b) Horn control. of Table 1, and accompanled by the word mit written data, views, and arguments (c) Transral:--lon shift lover, except tranz- fer case. "Yes" In the.correspondlng space in Col- on this proposal. Comments should refer umn 4, and any display listed n Column to the docket number and be submitted (d) Ignition switch. (e) Headlamp switch. 1 of Table 2 shall be Illuminated when- .to: Docket Section, National Highway (f) Turn signnl control. ever the headiamps are activiated. The Traffic Safety Administration, Room (g) Illumination inten ity control illumination color shall be green for an 5221, 400 Seventh Street SW., Washing- (h) Windshield wiper control inside-mounted turn signal indicator, ton, D.C. 20590. It is requested but not re- (i) Windshield washer control. and blue for the high beanm indicator. quired that 10 copiet be submitted. All () Manual choke. Control and display identification need comments received on or before the clos- (k) Driver's mn vksor. not be illuminated when the headlamps ing date indicated below will be con- FooT-oPrEAM CoNrroiii are being flashed. Control Identification sidered and will be available in room (a) Service brake. for a heating and air-conditioning sys- 5221 for examination both before and (b) Accelerator. tem need not be illuminated if the sys- after the closing date. To the extent pos- (c) Clutch pedal. tem does not direct air directly upon the sible comments filed after the closing (d) High beam switch. windshield. date will be considered. However, the (e) Windshield washer control. 84.3.2 If a light is provided instead rulemaking action may proceed at any DIsLAYS of a gauge to indicate whether a vehicle time after that date, and comments re- system is functioning or malfunctioning, after the closing date and too late (a) Speedometer. ceived (b) Odometer. the color red shall be used for any light for consideration in regard to the action (c) Turn signal indicator. indicating a hazard requiring immediate will be treated as suggestions for future (d) Gear position indicator. corrective action, the color yellow for any rulemaking. The National Highway Traf- (e) Brake failure warning indicator. light indicating a possible need for fu- fic Safety Administration will continue (f) Fuel level Indicator. ture corrective action, and the color (g) Coolant temperature indicator. to file relevant material, as it becomes (11)Oil pressure indicator. green for any light, other than a high available, in the docket after the clos- (1) High beam indicator. beam indicator, indicating information ing date, and it is recommended that in- (J) Electrical chare indicator. unrelated to any need for corrective action. terested persons continue to examine the S4.2 Identiftcation of controls and S4.3.3 A control shall be provided to docket for new materials. displays. adjust the ntensity of control and dis- Comment closing date: November 26, S4.2.1 If any control listed in Column play llumination continuously variable 1973. 1 of Table 1 is hand-operated, the con- from a position at which either there is

FEDERAL REGISTER, VOL 38, NO. 17-THURSDAY, SEPTEMBER 27, 1973 ITo. 187-3t. I- 8 26942 PROPOSED RULES no light emitted or the light emitted is Type 1 seat belt assembly fastened so TABm 2.-Dispay identiflcation barely discernible to a driver who has that there is no slack between the belt Column 1.-Motor Column 2.-Word adapted to dark ambient roadway condi- and the pelvis. vehicle display or abbreviation tions, to a position providing illumina- S5.2 The driver of a passenger car Speedometer ------MPH. tion sufficient for the driver to identify Odometer ------iles. the control or display readily under all (except for a convertible passenger car), Turn signal indicator- (None). daytime and nighttime conditions. If il- or of any multipurpose passenger vehi- Automatic gear posi- lumination of controls and displays not cle, truck, or bus required by Motor Ve- tion indicator ---- PPD (+ numerals listed in paragraph S4.1 is provided, to indicate ad- its hicle Safety Standard No. 208 to have ditional forward intensity shall be variable in a manner a Type 2 seat belt assembly Installed at that complies gear points, e.g. 2, with this paragraph. The the driver's seating position, is restrained 1). light intensity of the turn signal.indica- Brake failure warnihg tor, high beam indicator, and warning by a nonextending Type 2 seat belt as- light ------Brake. or caution lights shall not be variable. sembly fastened so that the upper torso Fuel level indicator.. Fuel. restraint can be moved 4 inches away Coolant temperature S5. Conditions. indicator ------Temp. S5.1 Except as provided in S5.2, the from the sternum and there Is no slack Oil pressure indicator. O11. driver is restrained by a nonextending between the lap belt and the pelvis. High beam indicator-. (None). Electrical charge indi- TABin 1.-Idntification and llumfnatfonof hand operated controls cator ------Amp. Column 1 Column 2 Column 3 Column 4 [FR Doc.73-20476 Filed 9-26-73:8:45 am] Motr vehicle equipment control----. .----Word or abbreviation ------Permissiblo lumina- symbol. tion. Engine start ------E ngine start I ------N one ------..... FEDERAL COMMUNICATIONS Engine stop ..------Engine stop '...... ----- None ------Yes.' Manual choke ------Choke ------None...... -- COMMISSION Hand throttle ------Throttle ------None ------Automatic vehicle speed control ------(Mfr. option) ------None ------Yes. 47 CFR Part 97 J

- [Docket No. 19759] CITIZENS RADIO SERVICE Headlamps and taillamps--_.- . .---- Lights .------.-.. Proposed Creation of New Class and Re- allocation of Frequencies; Extension of Time for Filing Comments In the matter of the creation of a now class of Citizens Radio Service and the reallocation of frequencies between 224 Vehicular hazard warning sgnaL- Hazard ... --- --.----- Yes. MHz and 225 MIz in the band 220-225 MVfHz now allocated for shared use by stations in the Amateur Radio Service and Government Radiolocation Stations for thatjurpose, Docket No. 19759, RM- 1633, RM-1656, RM-1747, RM-1761, 1M- Claranco lamps...... - Clearance lamps ' or CL IPS ----- Yes. 1793, RM-1641.8 1. The Acting Chief, Safety and Spe- cial Radio Services Bureau on his own Idontifleation lamps..- ...... Identification lamps or ID LS... None ------Yes. motion has under consideration a 30 day extension of the time in which to file comments and reply comments in Docket Vindshield wiping system-.- ...... - Wiper or wipe. - - Yes. 19759. 2. The Commission on September 19, 1973, denied the American Radio Relay -0 Leagues (ARRL) application for review filed in response to our denial of their petition for an extension of time in which Yes. Windshield washing systm---- ~ to file comments. While we still find that -.....-Washer or Wash - ...... a five month extension is unreasonable, we believe that a 30 day extension has I become appropriate for the convenience of the parties who may wish to file com- ments. We note in this regard the inor- dinate delay in the release of the Order Windshield washing and wiping combined-. Wash-Vipo ------Yes. denying the EIA petition for an exten- sion of time. Further, we note in regard to reply comments, that renovation of the Commission's public reference room Windshield defrosting and defogging system.- Defrost or DEF....------None ------Yes. potentially may create some difficulties Heating and air conditioning system ...... (Mfr. option) ------None -----.------Yes. for interested parties desiring to obtain and study the comments filed in this Docket. The date set for reply comments herein should alleviate any possible prob- Heating and/er air conditioning fan-.. Fan ...... -- Yes. lem if interested parties promptly begin I to examine the comments already on file in this Docket. Accordingly, we are order- ing a 30 day extension for the filing of both original and reply comments. ' Use when engine control Is separate from the key locking system. 3. It is therefore ordered, Pursuant to Use also when clearance, identification, parking and/or side marker lamps are controlled with the headlan switch. p 0.331(b) (4) of the Commission's rules, 'Use also when clearance lamps, Identification lamps and/or side marker lamps are controlled with one swit other than the headlamp switch. 1 'Framed areas may be flled. Published at 38 FR 15854, June 18, 1073.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 PROPOSED RULES 26943 that the time for filing comments and clarity. Following is a description of the By proposing revised Rule 9b-1, the reply comments in the above captioned revised proposal. Commission does not wish to Imply that proceeding is extended to October 19, Rule, 9b-1 (17 CFR 240.9b-1) would It has made any definitive determination 1973, and to November 23, 1973, make it unlawful for an exchange to with respect to option trading on ex- respectively. effect any transactions in options or to changes or that the rule, if adopted, permit its facilities to be used to effect will ultimately be found to be necessarily Adopted: September 19, 1973. such transactions except In accordance the best way to promote the public Released: September 20, 1973. with a plan regulating option trading de- interest or to assure the protection of in- clared effective by the Commlssion after vestors in connection with trading of op- [SEAL] CHARLES A. HIGGIMMOTHA34 Acting Chief, Safety and Special consideration of such a plan In light of tions on exchanges. Nor has the Commis- Radio Services Bureau. the statutory standards: The public In- sion made any final decision with respect terest and the protection of investors. to the trading of options simultaneously [FR Doe.73-20646 Filed 9-26-73;8:45 am] The proposed rule also provides that the on more than one exchange or on ex- Commission, in order to Implement these changes that also trade other forms of FEDERAL MARITIME COMMISSION statutory standards, may require the ex- securities. The operation of the Chicago changes to make changes In their plans. Board Options Exchange (CBOE) is [46CFR Ch. IV] Pursuafit to the rule, exchanges propos- presently on a pilot basis = and further INTERMODAL CONTAINER TRANSPORT ing to use their facilities for trading op- evaluation will be required before these SERVICES tions would be required to file with the and other policy questions can be decided Notice of Petition for Rulemaking Commission copies of any amendments more definitively. to the plan. The Comimlson would re- The CommLssion considers that the On September 12. 1973, American view and, if appropriate, disapprove such constitution and rules of the CEOE and Mail Line Ltd. and American President amendments prior to their becoming ef- Its clearing corporation would constitute Lines, Ltd. petitioned the Commission fective. In each of these situations-orig- the CBOE's plan pursuant to Rule 9b-!, for institution of a proposed rulemaldng inal approval of the plan and modifica- if adopted. In connection with the regis- proceeding "in respect of intermodal tion at the initiation of either the ex- tration of the CBOE as a national secu- service and tariffs." The petition was change or the Commlsslon-Interested ritie exchange the Commission sought served on a large number of counsel for persons, in accordance with the explicit and obtained public comment on sub- varying interested parses. rulemaking procedures of the Admin- stantially -the same constitution and The Commission has-determined to re- istrative Procedure Act, as codified, 5 rules as are now in effect and gave care- ceive replies to the petition. Accordingly, U.S.C. 553, would be given notice of the f'A consideration to those comments replies may be filed on or before Octo- proposal and have an opportunity to before concluding that the rules of the ber 8, 1973. submit written data, views or arguments. exchange are just and adequate to insure By the Commission. Plans filed by exchanges pursuant to fair dealing and tQ protect investors Rule 9b-1 would be required to include under section 6(d) of the Act, 15 U.S.C. [smfil FwtCIS C. Hum y, all rules, regulations, by-laws and other 73f(d)? fnd the amendments adopted Secretary. requirements of the exchange that relate cince that time have also been given close [FR Doc.73-20669 Filed 9-26-73;8:45 am] solely or significantly to transactions In ccrutiny. Accordingly, the Commission options, and would have to contain spe- expects to be able to determine that the SECURITIES AND EXCHANGE cific provisions relating to: constitution and rules of the CEOE are (1) The effectuation of transactions in necessary or appropriate in the public COMMISSION options on the exchange by members interest or for the protection of inves- [17CFRPart240] thereof for their own account and the tos, as required by proposed Rule 9b-1 [Release No. 34--10397: File No. 87-473] accounts of customers; if adopted. If the Commission rere to (2) The clearance and settlement of adopt Rule 9b-1, it would hope to be EXCHANGE TRANSACTIONS IN OPTIONS transactions in options; able to declare CBOE's plan effective Request for Comments on the Chicago (3) The endorsement and guarantee of simultaneously with the effectiveness of Board Options Exchange, Inc. Plan performance of options; the rule, so as not to interrupt the opera- (4) The reporting of tran actions In tion of CBOE's exerimental project. The Securities and Exchange Com- mission announced today the repubica- options; and Interested perzons are invited to submit (5) The listing and dellsting of and their views and comments on whether tion for comment of proposed Rule 9b-1 (17 CFR 240.9b--1) under the Securities the admission to and removal of trading this determination should be made. privileges on the exchange for options. Statutory basis. The Securities and Exchange Act of 1934 (the Act). As re- As orignally proposed, Rule 9b-1 would vised, the proposed rule would prohibit Exchange Commission ting pursuant have regulated the rules of an exchange to the provisions of the S-curities Rix- exchange transactions in puts, calls, relating to options indirectly by maling straddles, and other options or privileges change Act of 1934, and particularly sec- it unlawful for members to trade on the tions 9(b), 9(c), and 23(a) thereof, and of buying or selling a security except in exchange if the exchange had failed to accordance with a plan established by- deeming It necessary and appropriate in the exchange that the Commission had "comply with the provisions of the Rule. Rule 9b-l as now proposed. would be ap- the public interest and for the protec- declared to be effective as being neces- plicableoto exchanges, which would have tion of investors proposes hereby to sary or appropriate in the public interest amend Part 240 uf Chapter II of Title or for the protection of investors. to comply with specific requirements of Proposed Rule 9b-1 (17 CFR 240.9b-1), the rule, as well as to the exchange's 17 of the Code of Federal Regulations in its original form, was released for pub- members. Rule 9b-1, as originally pro- by adopting § 240.9b-1 as set forth below. lic comment on January 9, 1973.' In view posed, did not distinguish bet.een ex- change provisions of general applicability § 240.9b-1 Prohibition of exchange of the comments received by the Com- and provisions relating particularly to transactions in options except pur- mission, the rule has been revised, pri- option trading. Rule 9b-1 as now pro- suant to an effective plan. marily for purposes of simplicity and posed, would limit the ccope of the plan (a) It shall be unlawful for a national exchanges must file with the Commission secuTift exchange, or for any member 'See Commission ReL No. 3-9930 (Janu- and have declared effective to those pro- ary 9, 1973) and F=ERAL PoLssE& for Janu- ary 17,1973, at 38 FR 1646, entitled "Proposal visions of exchange rules that relate zItn the Matter of the Applcatfoan of the to Adopt Rule 9b-1 Specifying Special Pro- solely or significantly to transactions in Chicago Eoard Optio= Ezchang, Inc. for cedures in Connection With Exchange Rules options and lists various specific cate- -rxgftration as a National Securities Er- Concerning Acts or Transactions n Options," change, Securltles Ehchange Act Releosa To. 'which also includes a description of the back- gories of exchange provisions to be in- 34-9985 (February 1, 1973). ground leading to the proposal of Rule 9b-L cluded in a plan. 3 Z'bf.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTnEBER 27, 1973 26944 PROPOSED RULES thereof, to effect any transaction in an (4) The reporting of transactions in Notice Is also given that it is proposed option, or to permit any transaction in options; and to make any regulations that are an option to be effected, by the use of the (5) The listing and delisting of, and adopted 'effective the date of final facilities of the exchange, except in ac- the admission to and removal of trading approval. cordance with a plan regulating trans- privileges, on the exchange for options. actions in options on the exchange that (c) For purposes of this rule, the term 1. In § 21.201, paragraph (j) is added is declared effective by the Commission "option" shall include any put or call, to read as follows: pursuant to this rule. straddle or other option or privilege of § 21.201 Types of courses. (1) Before an exchange or a member buying or selling a security without being may effect any transaction in options or bound to do so, but shall not include any (j) Independent study course leading permit any transaction in options to be registered warrant, right or convertible to a degree. A course pursued by Inde- effected by use of the facilities of the security. pendent study under the following con- exchange, the exchange shall propose (d) An exchange shall file with the ditions: and file with the Commission a plan reg- Commission three copies of any plan (1) The course is offered by an ac- ulating transactions in options on the or any alternation, amendment, supple- credited college or university. exchange. After appropriate notice and mentation, or rescission of any plan sub- (2) The course leads to or Is fully opportunity for interested persons to mitted to the Commission pursuant to creditable toward a standard college de- submit written data, views or arguments, this rule, and may incorporate by refer- gree which may include external degred the Commission shall declare the plan ence material filed with the Commission. programs given by accredited colleges effective if it finds the plan to be neces- All interested persons are invited to and universities. sary or appropriate in the public interest submit their views and comments on the (3) The college or university evalu- or for the protection of investors. proposed rule and CBOE's plan. Written ates the course In semester or quarter (2) The Commission shall give prompt statements of views and comments hours, or -the equivalent, and prescribes notice of any proposal filed by an ex- should be addressed to Secretary, Securi- a period for completion. change to alter, amend, supplement, or .ties and Exchange Commission, 500 (4) Subsistence allowance Is payable rescind a plan in effect pursuant to para- North Capitol Street, Washington, D.C. at the institutional rates prescribed in graph (a) (1) of this section, and the 20549, on or before October 19, 1973. § 21.133. (If independent study subjects proposed change shall become effective Reference should be made to file nim- and subjects requiring class attendance upon the 30th day after notice has been ber S7-473. All such comments will be are pursued concurrently and both are given by the Commission, or upon, such available for public inspection. measured on a credit hour basis, the al- earlier date as the Commission may (Sees. 9(b), 9(c), 23(a); 48 Stat. 889, 901; lowable rate shall be determined on the allow, unless the Commission shall dis- as amended 49 Stat. 1379, (15 U.S.C. 781(b), basis of the combined training load.) approve the change in whole or in part 781(c), 78w(a))) as being inconsistent with the public 2. In § 21.226(a), subparagraph (1) is interest or the protection of investors. -By the Commission. amended to read as follows: Interested persons may submit to the [SEAL] GEORGE A. FITESILIzsONS, - § 21.226 Training while a patlent In a Commission written data, views or argu- Secretary. Veterans Administration hospital. ments with respect to any-proposed change either before or after it has be- SEPTEMBER 21, 1973. (a) Subject to the provisions of other come effective. ['R Doc.73-20547 Filed 9-2673;8:45 am] applicable Veterans Administration reg- (3) After appropriate notice and op- ulations, an eligible veteran may be en- tered or reentered Into training prior to portunity for submission by interested VETERANS ADMINISTRATION persons of written data, views or argu- release from a Veterans Administration ments, the Commission may require that [ 38 CFR Part 21 ] hospital when all the following condi- tions are met: an exchange alter, amend, supplement, INDEPENDENT STUDY PROGRAM or rescind its plan in the manner and to (1) The Veterans Administration hos- the extent that the Commission finds to Payments pital has determined that the proposed be necessary or appropriate in the public It is proposed to amend Part 21 to set training will not materially Interfere interest or for the protection of investors. forth provisions for payments to veterans with the veteran's regime of medical (4) The Commission may take action and eligible persons who are enrolled in treatment nor delay hospital discharge under any provision of this paragraph independent study programs leading to a and that the disabled veteran will be able (a) without notice and opportunity for standard college degree which may in- to spend a significant part of the day interested persons to submit written clude an external degree awarded by an away from the hospital at the proposed data, views or arguments when the Com- accredited college or university. training facility or in a program of In- mission, for good cause, finds that notice Interested persons are invited to sub- dependent study. and public procedure thereon are im- mit written comments, suggestions, or ob- practical, unnecessary- or contrary to jections regarding the proposal to the 3. In § 21.261(b), subparagraph (4) is the public interest; but in any such case, Administrator of Veterans Affairs (27H), added to read as follows: the Commission shall incorporate its Veterans Administration, 810 Vermont 21.261 Ordinary leave. finds and a brief statement of reasons Avenize NW., Washington, D.C. 20420. All § therefor in a public announcement of relevant material received befdre Octo- the action taken. .ber 26, 1973, willbe considered. All writ- (b) Chargingof ordinary leave. * * * (b) Plans filed pursuant to this rule ten comments received will be available (4) For veterans in programs of inde- contain those provisions of the regula- 'for public inspection at the above ad- pendent study which are not on a semes- tions, rules, by-laws, constitutional pro- dress only between the hours of 8 aim. ter or quarter basis, leave between visions and other requirements of the and 4:30 p.m. Monday through Friday designated periods of study may be au- exchange that relate solely or signifi- (except holidays), during the mentioned cantly to transactions in options on the 30-day period and for 10 days thereafter. thorized and will be charged on same exchange, and shall include provisions Any person visiting Central Office for the basis as leave between terms. relating to: purpose of inspecting any such com- 4. In § 21.4131, paragraph (b) is (1) Effecting transactions in options ments will be received by the Central amended to read as follows: on the exchange by members thereof for their own account and the accounts of Office Veterans Assistance Unit in room § 21.4131 Commencing dates. customers; 132. Such visitors to any VA field station (2) The clearance or settlement of will be informed that the records are (b) Certification by school, course transactions in options; available for inspection only in Central leads to standard college degree. (1) The (3) The -endorsement and guarantee Office and furnished the address and the date of registration, or the date of re- of performance of options; above roomnumber. porting where the student Is required by

FEDERAL REGISTER,'VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 PROPOSED RULES 26945

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(2) If the college or university does dependent study subjects and subjects part shall be determined and the com- not evaluate the course in standard requiring class attendance are pursued bined rates paid, but not to exceed the semester or quarter-hours or the equiva- concurrently and both are measured on full time institutional allowance rate. lent, the course shall be measured as less a credit hour basis, -the allowable rate than one-half time training. shall be determined on the basis of the Approved September 20, 1973. (c) An eligible veteran or person who combined training load. When measure- 13y direction of the Administrator. Is pursuing an independent study pro- ment is different (i.e., class attendance gram shall be paid an educational as- on credit hour basis and independent SEAL -FRED B. RnHODS, sistance allowance at the institutional study- under paragraph (b) (2), of this Deputy Administrator. rate prescribed in § 21.4136(a). If In- section), the appropriate rate for each [FR Doc.73-20474 r1lCd 0-2G-73;8:45 nml

FEDERAL REGISTER, VOL. 38. NO, -187-THURSDAY. SEPTEMBER 27, 1973 26947 Notices

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

T.2 S. R.23l1.SLU, Utah DEPARTMENT OF DEFENSE Survey cancelled Power Site Classifica- Sec. 9. SWtiNE!J: tion No. 371 of October 31, 1944 as to the Department of the Air Force Sec. 13. SvIIWSWti; lands described below. szc. 23 , w~SE:: USAF SCIENTIFIC ADVISORY BOARD The purpose of this order is to restore Sec. 2 . NV2TE%&NEJ4. SW'JNEJ!NXE%. Notice of Meeting - to the operation of applicable public land SEPTEBER 25, 1973. laws the national forest, lands involved IzEz'SVswA . W/SWANE11, SEti The USAF Scientific Advisory in that notice. SW !6NE,P . V SE Board See. 20.all; Ad Hoe Committee on B-1 Aerodynamics 1. The following described lands are 82c. 27, all; will hold a closed meeting on October 1 hereby restored to such forms of dLspozl- S. 34. lot- 1.2, NW"E. TMfJNw%; and 2, 1973, from 8:00 am. until 5:00 tion as may by law be made of national Sec.suti. 33. lota 2, 2, 4, Nyu. XSEti, SWf p.m., at the Management Information forest lands: Conference Room, Rockwell Interna- T. 23 S.. F_ 24 E.. S.2. Utah NEW MWx.co P=nCPAL LIMoX&N Zec. 19. lot 4. BE SW '(4; tional Planto Los Angeles, CA. SOV. 21. EV2SWi, SE1f1; The committee will receive classified T. 24 N., R. 4 E., Sec. 30. lots 1. 4. NEI1 NW11. briefings on the status and projected Seo. 11. lot 8 (formerly a portion of lot 4). Containi g 3,53.03 acres. plans of the B-1 program. The land described aggregates 3.31 (b) Land proposed for classification STANLEY L. ROBERTS, acres in Rio Arriba County. for exchange under the Canyonlands Na- Colonel, USAF, Acting Chief, tional Park Act of September 12, 1964 (78 Legislative Division, Office of B. BuxnTOnT, the Act of Acting State Director. Stat. 934), as amended by The Judge Advocate General. November 12, 1971 (85 Stat. 421), for the [FR Doc.73-20712 Filed 9-26-73;8:45 am] [FR Doc.73-2053. Filed 9-2&-73;8:45 am] benefit of the National Park Service of the Department of the Interior. The OF JUSTICE lands the State proposes to transfer to DEPARTMENT [U-178G4, U-18018, U-213281 the United States in this exchange are Law Enforcement Assistance UTAH located in the extension to Canyonlands Administration National Park.-Serial No. U-18018: Notice of Proposed Exchange and Notice of GUARDS AND INVESTIGATIONS COMMIT- Proposed Classification T. 25 S., n. 23 E.. SIa Utah TEE OF THE PRIVATE SECURITY AD- See. 0. 111 SE t81.E , VISORY COUNCIL Notice is hereby given, that: Sec. 15. all: ' Notice of Meeting (1) Title to the national resource described below is proposed to be Sec. 16. all; lands Sec. 21, lota 1, 2,3,4. NV. EV/SE,; Notice is hereby given that the Guards State of Utah by ex- and Investigations Committee of the transferred to the Sec. 22. all: change under the regulations in 43 CFR, Sec. 28, lots 1, 2.3,5,6, SW NE1J. Private Security Advisory Council to the Containing 3,217.32 acres. Law Enforcement Assistance Adminis- Part 2200, and tration will meet on Tuesday, October 9, (2) Those lands so designated in para- (c) Lands proposed for classification 1973, from 9:30 am. to 4:00 pm. The graphs (b) and (c) below are proposed for exchange under the Act of July 15, the benefit place of the meeting will be the Fonte- to be classified for disposal through ex- 19G8 (16 U.S.C. 460L-22), for bleau Motor Hotel, 4040 Tulane Avenue, of the National Park Service of the De- New Orleans, Louisiana. change under the regulations In 43 CFR partment of the Interior. The lands the The meeting will be open to the public. 2200.0-8. State proposes to transfer to the United Any interested person may file a written National resources lands which have States in this exchange are located in statement with the -council for its been identified for selection by the State Capitol Reef National Park and Natural consideration. of Utah are situated in Castle Valley, Bridges National Monument.--Seral No. Statements may be sent to or informa- approximately 18 miles northeast of U-21328: tion requested from Robert Macy, Law Moab, Grand County, Utah, and are T. 25 S., 1.23 E., SLIr, Utah Enforcement Assistance Adminstration," Se2. 14. ZVI&, SA U.S. Department of Justice, 633 Indiana described as: Sec. 23, N . E' SE': Avenue NW., Washington, D.C. 20530. (a) Lands proposed for exchange un- Sea. 24, W . SE',. Taylor Grazing Containing 1,30.00 acre- JAcx A. NADOL, der section 8(c) of the Total 8,143.40 acres. Advisory Committee anagement Act of June 28, 1934 (48 Stat. 1272; 43 Officer, Office of General Counsel. U.S.C. 315g), for the benefit of the Corps All mineral rights are to be exchanged. of the Department of the Maps showing these lands and files [FR Doc.73-20598 Filed 9-26-73;8:45 am] of Engineers containing reports on the lands are avail- Army and the Bureau of Land Manage- able for review in the Utah State Office, DEPARTMENT OF THE INTERIOR ment of the Department of the Interior. Bureau of Land Management, Room The lands the State proposes to transfer 8339, Federal Building, 125 South State Bureau of Land Management to the United States through this ex- Street, P.O. Box 11505, Salt Lake City, iN. Aex: 12964] change are located In the Green River Utah 84111, for use by all persons who NEW- MEXICO Base and in the Monticello BLM wish to submit comments, suggestions, or Missile objections to the undersigned officer at Order Providing for Opening of National District. Under the terms of this act and the above address in connection with this Forest -Lands the regulations in 43 CFR 2211.0-3 (b) (2) proposed classification on or before No- SEPTEMBER 21, 1973. classification action is not involved in the vember 26, 1973. By published notice (38 FR 10825- transfer of these lands.-Serial No. A detailed environmental assessment 10826, May 2, 1973), the U.S. Geological U-17864: has been prepared on these exchange

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26948 NOTICES proposals. Copies are available in this Such requests or comments must be filed 78840, for information as to the require- office, and in the Monticello District with the Office of Hearings and Appeals, ments of the proposed permit. Office, 284 S. 1st W., P.O. Box 1327, Hearings Division, U.S. Department of Monticello, Utah 84535, and our Moab the Interior, 4015 Wilson Boulevard, Dated: July 31, 1973. Area Office, 446 S. Main St., Moab, Utah Arlington, Va. 22203. Copies of the peti- COLEMuN L. NrwMAN, 84532, for review, or for sale to all per- tion are available for inspection at that Superintendent, sons and organizations who may request address. Amistad Recreation Area. them at a cost of $2 per copy. If upon GILBERT 0. LocKjvoOD, [FR Doc.73-20640 Filed 9--26-7318!45 =1 analysis of the comments received it is Acting Director, concluded that this is a major Federal Office of Hearings and Appeals. action which would have a significant [FR Doc.73-26530 Filed 9-26-73;8:45 am] GLEN CANYON NATIONAL RECREATION impact on the human environment, an AREA environmental impact statement as re- Notice of Intention To Issue a Concession quired by section 102(2) (C) of the Na- National Park Service Permit tional Environmental Policy Act of 1969 [Order No. 4] (83 Stat. 853) will be prepared. Pursuant to the provisions of SectIon 5, I certify this to be a true copy of the PARK MANAGER, BENT'S OLD FORT of the Act of October 9, 1965 (79 Stat, original. NATIONAL HISTORIC SITE, COLORADO 969 (15 U.S.C. 20)), public notice Is here- by given that on or before October 29, WILLIA= G. LEAVELL, Delegation bf Authority Regarding Acting State Director. 1973, the Department of the Interior, Purchasing Authority through the Superintendent, Glen Can- IFR Doc.73-20566 Filed 9-26-73;8:45 am] SEcTIoN 1. Park Manager. The Park yon National Recreation Area, propozea Manager may issue purchase orders not to issue a concession permit to Vite Ma- Office of Hearings and Appeals in excess of $300 for supplies or equip- rina, Inc., authorizing them to provide ment in conformity with applicable regu- concession facilities and services for the [Docket No. M 74-15] lations and statutory authority and sub- public at Glen Canyon National Recrea- MOUNTAIN DRIVE COAL CO. -ject to availability of allotted funds. tion Area for a period of five (6) years SEc. 2. Revocation. This order super- from January 1, 1974 through December Petition for Modification of Application of sedes Order No. 3, Bent's Old Fort Na- 31, 1978. Mandatory Safety Standard tional Historic Site, dated June 5, 1972, The foregoing concessloner has per- Notice is hereby given that in accord- and published Wednesday, June 28, 1972. formed his obligations under a prior per- ance with the provisions of section (37 FR 12737). mit to the satisfaction of the National 301(c) of the Federal Coal Mine Health (National Park Service Order No. 77 (38 FR Park Service and, therefore, pursuant to and Safety Act of 1969, 30 U.S.C. § 861(c) 7478), as amended. Midwest Region Order the Act cited above, Is entitled to be given .(1970), Mountain Drive Coal Co. has No. 5, 37 FR 6324 and 6875, as amended.) preference in the renewal of the permit filed a petition to modify the application and in the negotiation of a new permit. of 30 CFR 77.1605(k) to its 2Mine No. 1 Dated September 14, 1973. However, under the Act cited above, the located at Middlesboro, Kentucky. MERRILL D. BEAL, National Park Service Is also required to 30 CFR 77.1605(k) reads as follows: Acting Director,Midwest Region. consider and evaluate all proposals re- (k) Berms or guards shall be provided on [FR Doc.73-20637 Filed 9-26-73;8-45 am] ceived as a result of this notice. Any pro- the outer bank of elevated roadways. posal to be considered and evaluated must be submitted on or before Octo- In support of its petition, petitioner AMISTAD RECREATION AREA ber 29, 1973. states that the addition of berms or Interested parties should contact the guardrals would make it impossible to Notice of Intention To. Issue a Concession Permit Superintendent, Glen Canyon National maintain proper drainage and would Recreation Area, PO. Bbx 1507, Page, hamper snow removal. The road would Pursuant to the provision of section 5,,Arizona 86040, for Information as to the ice over, during winter months and the of the Act of October 9, 1965, (79 Stat. requirements of the proposed permit, grader now-used for maintenance could 969 (16 U.S.C. 20)) public notice is here- no longer be used. Petitioner also states by given that on or before October 29, Dated July 31, 1973. that additional man-hours and equip- 1973, the Department of the Interior, C. E. Joinsou, ment would be needed for road mainte- through the Superintendent, Amistad Superintendent, Glen Canyon nance which would result in an increased Recieation Area, proposes to renew the National Recreation Area. accident potential during snow and ice present concessions permit in the name conditions. of Ronald Lambert, Odessa, Texas, au- [FR Doc.73-20639 Filcd 9-26-73;8:45 am) As an alternative method petitioner thorizing him to provide fishing guide wishes to continue maintaining its roads service for the public at Amistad Recrea- LAKE MEREDITH RECREATION AREA by its currently existing methods. Peti- tion Area for the period Sept. 1, 1973 tioner states that by using its current through August 31, 1977. Notice of Intention To Issue a Concession methods of maintenance, its roads are as The foregoing concessioner has per- Permit safe as possible. formed his obligations under the existing Pursuant to the provisions of Section 5, Petitioner contends that the applica- permit to the satisfaction of the National of the Act of October 9, 1965 (79 Stat. tion of the mandatory standard will re- -Park Service and, therefore, pursuant to 969, (16 U.S.C. 20)) public notice Is here- sult in a diminution of safety to miners the Act cited above, is entitled to be given by given that on or before October 29, in the affected area. Petitioner contends preference for the renewal of the permit. 1973, the Department of the Interior, that berms and guardrails would create However, under the Act cited above, the through the Superintendent, Lake Mere- a drainage hazard by creating improper National Park Service is also required to dith Recreation Area, proposes to Issue a drainage which would cause washouts concession permit to doodle Truck, a and hazardous conditions in wet weather. consider and evaluate all proposals re- The road is too narrow to build berms, ceived as a result of this notice. Any pro- partnership, authorizing It to provide therefore, solid rock would have to be posal to be considered and evaluated must concession facilities and services for the blasted, resulting in a hlghwall which be submitted on or before October 29, public at Lake Meredith Recreation Area would be a new hazard. 1973. for a period of 5 years from January 1, Persofis interested in this petition may Interested parties should contact the 1974 through December 31, 1978, The request a hearing on the petition or Superintendent, Amistad Recreation foregoing concessioner has performed Its furnish comments by October 29, 1973. Area, Post Office Box 1463, Del Rio, Texas obligations under a prior permit to the

.FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26949

satisfaction of the National Park Service, were to be custom blanched. Continued (3) Virgilna with splits which do not con- application of such penalty would re- tain more than.15 percent splits or 3 per- and, therefore, pursuant to the Act cited cent whole kernels which will pa=, through above, is entitled to be given preference strict the use of custom blanching as a a 1;6 x 1 inch lot screen, 21 centz per pound. in the renewal of the permit and in the means of making peanuts wholesome negotiation of a new permit. However, and in turn increase indemnification However, peanuts in any of the above under the Act cited above, the National costs. Amendment of the last paragraph categories shall not be eligible for indem- Park Service is also required to consider of the Terms and Conditions of Indemni- nification if such peanuts: (1) Were -and evaluate all proposals received as a fication Is also necessary to bring the milled from seed peanut residuals as re- result of this notice. Any proposal to be provisions from paying indemnification ferred to in the last sentence of paxa- considered and evaluated must be sub- on Runners and Virginlas "with splits" graph (e) of the Incoming Quality Reg- mitted on or before October 29, 1973. Into conformity with changes being ulation and paragraph U) of the Outgo- Interested parties should contact the made In the Outgoing Quality Regula- Ing Quality Regulation for 1973 Crop Superintendent, Lake Meredith Recrea- tion by changing the allowable per- Peanuts; (2) failed the Outgoing Quality tion Area, PO. Box 325, Sanford, TX centage of whole kernels from 2 percent Regulation for 1973 Crop Peanuts due to 79078, for information as to the require- to 3 percent on both categories and to excessive damage and minor defects and ments of the proposed permit. add a provision prohibiting indemnifi- such peanuts were subsequently blanched cation of peanuts which after failing o to remove such excess damage and minor Dated June 4, 1973. meet the Outgoing Quality Regulation defects pursuant to paragraph (h) of JAMES M THoMoN, are sold to another handler. such regulation; (3) when shipped for Superintendent,Lake Meredith Therefore, the second sentence of human consumption outlets contained Recreation Arei. paragraph (a) of the Outgoing Quality more than a total of 1.25 percent un- [FR Doc.73-20638 Piled 9-26-713;8:45 am] Regulation (38 R 19054) Is deleted and shelled peanuts and damaged kernels or a replaced by the following: total of 2.00 percent unshelled peanuts, Pall through in such peanutG shall not damaged kernels and minor defect; and DEPARTMENT OF AGRICULTURE exceed 4 percent except that fail through (4) were received or acquired from an- Agricultural-Marketing Service consisting of either split and brolzen kernela other handler pursuant to paragraph (i) or whole kernels shal not exceed 3 percent of the Incoming Quality Regulation and [marketing Agreement 1461 and fall through-of whole kernels In Runners were milled to meet requirements of the PEANUTS; 1973 CROP or Virginlas "with splits" shall not exceed Outgoing Quality Regulation pursuant to 3 percent or 2 *percent on Spanlsh "with paragraph (h) of such regulation. Outgoing Quality Regulation and splits". I Indemnification Amendment The Peanut Administrative Committee In the same paragraph of the Out- has recommended that these amend- Pursuant to the provisions of sections going Quality Regulation (38 FR 19054), ments be Issued as soon as possible so as 32, 34, and 36 of the marketing agree- the last sentence (which is in parenthe- to implement and effectuate the provi- ment regulating the quality of domesti- ses)- is deleted and replaced by the slons of the marketing agreement deal- cally produced peanuts heretofore en- following: ing with the Outgoing Quality Regula- between the Secretary of Agri- tered into (Runners, Spanish or Virginlas "with tion and Terms and Conditions of In- culture and various handlers of peanuts splits" means shelled peanuts which do not demnification. Marketing of the 1973 S-(30 FR 9402) and upon recommendation contain more than (a) 16 percent spltz, (b) peanut crop is underway and such reg- of the Peanut Administrative Committee for Spanish 2.00 percent whole kernels which ulations and terms and conditions for ac- established pursuant to such agreement will pass through a % x ,6inch slot screen: tual operations under the agreement which and other information,.-t is hereby found for Runners 3.00 percent1 whole kernels should therefore be modified and made that the amendments hereinafter set will pas through a xt x - inch slot screen: effective as soon as possible, Le. on the forth to the Outgoing Quality Regula- and for Virginlas 3.00 percent whole kernels Handlers which will pass through a % x 1 inch slot effective date specified herein. -tion and Terms and Conditions of In- screen, and (c) otherwise meet the rpeeifica- of peanuts who will be affected by such demnification Applicable to 1973 Crop tions of U.S. No. 1 grade.) amendments have signed the marketing Peanuts (38 FR 19054) will tend to ef- agreement authorizing the Issuance of fectuate the objectives of the Agricul- In the seventh paragraph of the Terms such regulations and terms and condi- tural Marketing Agreement Act of 1937, and Conditions of Indemnification (38 tions, they are represented on the Com- ,as amended, and of such agreement. PR 19054), the fourth and fifth sen- mittee which recommended such amend- Amendment of paragraph (a) of the tences are deleted and replaced by the ments and time does not permit prior Outgoing Quality Regulation is neces- following: notice of the proposed amendments to sary to change the requirements on per- On lots on which the remilling Is not suc- such handler. centage of whole kernels allowed in fall cessful in making the lots wholesome as to The foregoing amendments of the Out- through on Runner and Virginia "with aflatoxin and such lots of peanuts are de- going Quality Regulation and Terms and splits" so that such percentagd will be clared for custom blanching, after remilling, Conditions of Indemnificaton are hereby the same as on U.S. Number One grade the ndennficatlon payment shall be the approved. of peanuts. Such blanching costs, plus any temporary ntorage, peanuts for those types the transportation costs from origin Dated September 24, 1973. change would increase from 2 percent to (whether handler or buyer preries) to point 3 percent the percentage of whole of blanching and on unsold lots from point CHARlES R. BnsnRn, kernels allowed in such fall through. of blanching to handlers premlz-e and the Deputy Director, Likewise, amendment of the- definition Indemnification value of the velght of reject Fruitand Vegetable Divison. of Runner and Virginia "with splits" peanuts removed from the lot. IFR Doc.'3-20072 Piled 9-20-73;8:45 am] in the same paragraph is necessary to Likewise, in the last paragraph of the reflect the increase in the percentage of Terms and Conditions of Indemnifica- whole kernels allowed in the fall through tion, delete the entire last category Forest Service for these grades and to change the screen size on Runner "with splits" from a Shelled peanuts "with splits" and the last CLOUD PEAK PRIMITIVE AREA HEARING '5, x 3/slot to a IS x 3 slot to conform sentence and replace with the following: ANNOUNCEMENT with Committee determinations. Shelled peanuts "with splits".- Notice of Public Hearing Amendment of paragraph 7 of the (1) Runners with split3 which do not con- Notice is hereby given in accordance Terms and Conditions- of Indemnifica- more than 15 percent splt-, or 3 percent tain 1 with provisions of the Wilderness Act of tion is necessary to bring the provisions whole kernels which will pa= through a % September 3, 1964 (78 Stat. 890, 892 (16 for paying indemnification into conform- x - inch slot screen, 2 cent- per pound. (2) Spanish with splits which do not con- U.S.C. 1131, 1132)) that a public hearing "ity with determination's of the Commit- tain more than 15 percent split or 2 percent will e held beginning at 9 a. on tee by eliminating the 4 percent penalty whole kernels which will pa" through a % Thursday, November 8,1973, at the WYO on unsuccessfully remilled peanuts that x : inch slot screen, 24 cents per pound. Theater, 46 North Main, Sheridan,

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 No. 187-Pt. I-9 26950 NOTICES

Wyoming, on proposed management al- Ing knowledge of or special expertise stitutes of Health, Building 31-C, Con- ternatives for the Cloud Peak Primitive on environmental impacts. ference Room 7. This meeting will be Area relative to recommendations by the Comments must be received on or be- open to the public from 9:00 a.m. to President of the United States to the fore December 4, 1973 to be considered 10:00 a.m., October 4, to discuss review- Congress concerning the Cloud Peak in the preparation of the final statement. ing policy. The meeting will be closed to Primitive Area. Dated September 20, 1973. the public from 10:00 a.m. to 5:00 p.m., The Cloud Peak Primitive Area is lo- October 4, and 9:00 a.m. to 4:00 p.m., cated within the Bighorn National (Catalog of Federal Domestic Assistance Pro- October 5, to review grants in accord- Forest, in Bighorn, Johnson, and Sheri- gram No. 10.904, National Archives Refer- ence Services.) ance with the provisions set forth In dan Counties, State of Wyoming. section 552(b)4 of Title 5 U.S. Code and A brochure and Environmental State- WILxAu B. DAVEY, Deputy Administratorfor Water 10(d) of Pub. L. 92-463. Attendance by ment containing maps and information the public will be limited to space about the area and the management al- Resources, Soil Conservation Service. available. ternatives under consideration may be Ms. Patricia Newman, Information obtained, after October 1, 1973, from the [FR Doc.73-20602 Filed 9-26-73;8:45 am] Officer, NICHD, Landow Building, Room Forest Supervisor, Bighorn National A-804B, National Institutes of Health, Forest, Columbus Building, P.O. Box DEPARTMENT OF HEALTH, 496-5133, will furnish summaries of tho 2046, Sheridan, Wyoming 82801, or the EDUCATION, AND WELFARE meeting and rosters of the committee. Regional Forester, Building 85, Denver members. Substantive information may Federal Center, Denver, Colorado 80225. National Institutes of Health also be obtained from Dr. Walter Spieth, Individuals or organizations may ex- AD HOC COMMITTEE FOR REVIEW OF THE Executive Secretary of the Committee, press their views by appearing at the SPECIAL VIRUS CANCER PROGRAM Room A-710, Landow Building, National hearing, or they may submit written Institutes of Health, 496-1033. comments for inclusion the Notice of Meeting in official (Catalog of Federal Domestic Assistance Pro- record to the Regional Forester at the Pursuant to Pub. L. 92-463, notice is gram No. 13.317, National Institutes of above address by December 10, 1973. hereby given of the meeting of the Ad Health.) Dated September 19, 1973. Hoc Committee for Review of the Special Virus Cancer Program, National Cancer Dated September 17, 1973. JoHN R. MCGUIRE, Institute, October 3, 1973, 9:00 a.m., The JOHN1F. SHEIRMAN, Chief, Forest Service. Sloan-Kettering Institute for Cancer Re- Deputy Director, [FR Doc.73-20664 Filed 9-26-73;8:45 am] search, Howard Building, Room 1302, 410 National Institutes o1 Health. East 68th Street, New York, New York. [FR Doc.73-20575 Filed This meeting will be open to the public 9-20-73;8:45 am] Soil Conservation Service from 9:00 aam. to 9:30 a.m., to discuss ANIMAL RESOURCES ADVISORY LEONA RIVER WATERSHED PROJECT, the scheduling of events leading to cul- TEXAS mination of committee activities in pres- COMMITTEE entation of committee report to the Na- Notice of Meeting Notice of Availability of Draft tional Cancer Advisory Board on No- Environmental Statement vember 26-28, 1973. Attendance by the Pursuant to Pub. L. 92-463, notice Is Pursuant to section 102(2),(C) of the public will be limited to space available. hereby given of the meeting of the Ani- National Environmental Policy Act of The meeting will be closed to the public mal Resources Advisory Committee, DI- 1969, the Soil Conservation Service, from 9:30 a.m. to adjournment, for dis- vision of Research Resources, Octo- U.S. Department of, Agriculture, has cussion and review of 37 contracts in the ber 11-12, 1973, at 9:00 a.m., Room 2036, prepared .a draft environmental state- field of Viral Oncology, in accordance Department of Pathology, Bowman Gray ment for the Leona River Watershed with the provisions set forth in section School of Medicine, Winston-Salem, Project, Uvalde County, Texas, USDA- *552(b) 4 of Title 5 U.S. Code, and section North Carolina. The meeting will be open SCS ES-WS-(ADM)-74-13 (D). 10 (d) of Pub. L. 92-463. to the public on October 11 from 9:00 The environmental statement concerns Mr. Frank Karel, Associate Director - a.m. to 12:30 p.m., for a scientific pres- a plan for watershed protection and- for Public Affairs, NCI, Building 31, entation of the Arteriosclerosis Center flood prevention. The planned works of Room 10A31, National Institutes of at Bowman Gry. At 2:00 p.m. the meet- improvement include conservation land Health, Bethesda, Maryland 20014 (301/ ing will reconvene in the Board Room treatment measures on about 39,180 496-1911) will furnish summaries of the of the North Carolina Baptist Hospital. acres of rangeland, cropland, and pas- open/closed meeting and roster of com- The meeting will be open to the public tureland, supplemented by four flood- mittee members. until 3:00 p.m., for a brief staff presenta- water retarding structures and approx- Dr. Maurice L. Guss, Executive Secre- tion on the current status of the animal imately 3.47 miles of channel work. tary, Building 37, Room 1B12, National resources program. The Committee will Copies are available during regular Institutes of Health, Bethesda, Maryland select future meeting dates. The meet- working hours at the following locations: 20014 (301/496-3323) will provide sub- ing will be closed to the public from 3:30 Soil Conservation Service, USDA, South Agri- stantive program information. p.m. to 5:00 p.m., October 11 and from culture Building, Room 5227, 14th and 9:00 a.m. to 5:00 p.m., October 12 to re- Independence Avenue, SW., Washington, Dated September 17, 1973. view, discuss and evaluate and/or rank D.C. 20250. JOHN F. SHER WA, grant applications In accordance with Soil Conservation Service, USDA, First Na- Deputy Director, provisions set forth in section 552 (b 4 of tional Bank Building, P.O. Bbx 648, Temple, Texas 76501. National Institutes of Health. Title 5 U.S. Code for grants and 10(d) [FR Doc.73-20571 Filed 9-26-73;8:45 _am] of Pub. L. 92-463. Attendance by the pub- Copies are also available from the Na- lic will be limited to space available. tional Technical Information Service, The Information Officer who will fur- U.S. Department of Commerce, Spring- ADULT DEVELOPMENT AND AGING nish summaries of the meetings .and field, Virginia 22151. Please use name RESEARCH COMMITTEE roster of Committee members Is Mr, and number of statement when order- James Augustine, Division of Research ing. The estimated cost is $3.75. - Notice of Meeting Resources, Building 31, Room 5B39, Copies of the draft environmental Pursuant to Pub. L. 92-463, notice Is Bethesda, Maryland 20014,496-5545. statement, have been sent for comment hereby given of the meeting of the Adult The Executive Secretary from whom to various federal, state, and local agen- Development and Aging Research Com- substantive program information may cies as outlined in the Council on En- mittee, National Institute of Child be obtained Is Dr. John Holman, Build- vironmental Quality Guidelines. Com- Health and Human Development, Octo- Ing 31, Room 5B35, Bethesda, Maryland ments are also invited from others hay- ber 4-5, 1973, at 9:00 a.m., National In- 20014, 496-5507.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES N 26951

(Catalog of Federal Domestic Assistance Pro- The NMH Information Officer who visions set forth in section 552(b)4 of gram No. 13.306, National Institutes ot will furnish summaries of the meeting Title V, U.S. Cede and section 10(d) of Realth.) and rosters of committee members Is Pub. L. 92-463. Dated September 17, 1973. Mr. Ronald E. McMillen, Acting Direc- 1. The Institute Information Officer tor, Office of Communications, National who will furnish summaries of the meet- JOHN F. SHERMAN, Institute of Mental Health, Room 15-105 ing and rosters oX committee members is: Deputy Director, Parktawn Building, 5600 Pishers Lane, Mrs. Ruth Dudley, Building 31, Room NationalInstitutes of Health. Rockville, Maryland 20852, telephone 8A03, phone: 496-575L [P Doc.73-20580 Pled 9-26-73;8:45 am] 443-3600. 2. The Executive Director from whom The Executive Secretary from whom substanive program information may BIOMEDICAL LIBRARY REVIEW substantive program information may be be obtained is: Dr. Harry M. Weaver, COMMITTEE obtained is John C. Eberhart, Ph.D., Di- Room SAll, Building 31A, NIH, phone: rector of Intramural Research, National 496-3523. Notice of Meeting Institute of Mental Health, 9000 Rock- Dated September 17, 1973. Pursuant to Pub. L. 92-463. notice Is ville PIkj, Bethesda, Maryland 20014, hereby given of the meeting of the Bio- telephone 496-3501. JoHN F. SHxr.,mr, Deputy Director, medical Library Review Commnittee, Na- Dated September 17, 1973. tional Library of Medicine, October 17- NationalInstitutes of Health. 18, 1973, 8:30 aim. to 5:00 p.m. each day, JOHN F. SHEIIZUT, [FR Dos.73-20573 Filed 9-2r-73;8:45 am] In the Board Room, of the National Li- Deputy Director, brary of Medicine. This meeting will be NationalInstitutes of Health, open to the public from 8:30 an. to 11:00 [FR Doc.73-2059 Filed 9-20-73;8:45 am] GENERAL CLINICAL RESEARCH am. on October 17, to discuss adminis- CENTERS COMMITTEE trative reports, and closed to the public BOARD OF SCIENTIFIC COUNSELORS Notice of Meeting from 11:00 am. to 5:00 pm. on Octo- ber 17, and all day October 18, to review Notice of Meeting Pursuant to Pub. L. 92-463, notice is grant applications, in accordance with hereby given of the meeting of the Gen- Pursuant to Pub. L. 92-463, notice Is eral Clinical Research Centers Commit- the provisions set forth in Section 552 (b) hereby given of the meeting of the Board 4 of Title 5 U.S. Code and section 10 (d) tee, Division of Research Resources, of Scientific Counselors, National Insti- October 1-2, 1973, commencing at 9:00 of Pub. L. 92-463. Attendance by the pub- ture of Arthritis, Metabolism, and Diges- lic will be limited to space available. am. on October 1, 1973, National In- tive Diseases, October 19-20, 1973, 9 stitutes of Health, Building 31, Confer- The Executive Secretary, who will fur- a.m., National Institutes of Health, nish summaries of both the open and ence Room 9. This meeting will be open Building 4, Room 336. This meeting will to the public from 9:00 a.m. to 9:30 am. closed meeting portions, a roster of com- be open to the public from 9 am. to 10 mittee members, and substantive pro- on October 1 for general announcements a.m. on October 19, 1973, to dLscuz the and closed to the public from 9:30 am. gram information is: Dr. Roger W. general trend in research as regards ar- Dablen, Chief, Division of Biomedical In- to 5:00 p.m. on October 1 and from 9:00 thritis, metabolism, and digestive dis- a.m. to adjournment on October 2 to formation Support, Extramural Pro- eases, and closed to the public from 10 grams, National Library of Medicine, review, dlscumewand evaluate and/or rank am. to 5 pJm., on October 19, 1973, and grant applications In accordance with 8600 Rockville Pike, Bethesda, Maryland from 9 am. to adjournment on Octo- 20014, Telephone No.: 301-496-4191. ber 20, 1973, for the critique provisions set forth in section 552(b) 4 and evalu- of Title 5 U.S. Code for grants and 10 (Catalog of Federal Domestic Assistance Pro- ation of the NIAMDD ntramural.pro- (d)of Pub. L. 92-463. Attendance gram Nos. 13.351, 13.350, 13.348-National gram in accordance with the provisions by the Institutes of Health.) public is limited to space available. set forth In section 552(b) 6 of Title 5 The Information Officer who will fur- Dated September 17,1973. U.S. Code and 10(d) of Pub. L. 92-463. nish summaries of the meeting Attendance by the public will be limited and roster JOHN F. SnEsnAN, to space available. of the Committee members is Mr. James Deputy Director, Augustine, Division of Research Re- National Institutes of Health. Name of the person from whom ros- sources, Building 31, Room 5B39, ters of committee members, summary of Bethesda, [FR Doc.73-20578 Maryland 20014, 496-5545. Filed 9-26-73;8:45 pm] the meeting, and other Information per- The Executive Secretary from whom taining to the meeting may be obtained: substantive information may be obtained BOARD OF SCIENTIFIC COUNSELORS Mr. Victor Wartofsky, Information Offi- Is Dr. William DeCesare, Building 31, cer, NIAMDD, National Institutes of Room 4B13, Bethesda, Maryland 20014, Notice of Meeting Health, Building 31, Room 9A04, Be- 496-6595. thesda, Maryland (301) 496-3583. Pursuant to Pub. L. 92-463, notice Is (Catalog of Federal Domestic A-stance Pro- hereby given of the meeting of the Board Dated September 17, 1973. gram No. 13.333, National Institutes of of Scientific Counselors, National Insti- He zml.) tute of Mental Health, October 26 and Jomz F. SMMMI, 27, 1973, at 9:30 am., in Building 31, DeputyDirector, Dated September 17,1973. Conference Room 7, C Wing, 9000 Rock- NationalInstitutes of Health. JoHn F. SHR AN, ville Pike, Bethesda. Maryland 20014. [FR Doc.73-20568 Filed 9-2G-73;8:45 am] Deputy Director This meeting will be open to the public NationalInstitutes of Health. from 9:30 to 10:00 am. on October 26, EPIDEMIOLOY OF THE MULTIPLE SCLE- IFR Dac.73-205a1 Filed 9-2G-73;8:45 am] for announcements and reports of re- ROSIS SCIENTIFIC ADVISORY COM- cent administrative, legislative, and pro- MITTEE IMMUNOLOGY-EPIDEMIOLOGY gram developments and closed to the Notice of Meeting WORKING public from 10:00 am. on October 26 GROUP through October 27, 1973, for the cri- Pursuant to Pub. L. 92-463, notice is tique and evaluation of the National In- hereby given of the meeting of the Notice of Meeting stitute of Mental Health Intramural Re- Working Group on EpIdemlology of the Pursuant to Pub. 1L 92-463, notice search Program in accordance with the Multiple Sclerosis ad hoc Scientific Ad- is hereby given of the meeting of provisions set forth in section 552(b) 6 visory Committee, October 1 and 2, 1973, the Immunology-EpIdemiology Wording of Title 5 United States Code and 10(d) at 9:00 a.m., inRoom 8AO3, Building 31A, National Institutes of Health, Bethesda, Group, National Cancer Institute, Octo- of Pub. L. 92-463. Maryland. This meeting will be closed to ber 9,11973, from 9:00 a.m. to 4:00 p.m., Attendance by the public during the the public to review, discuss and evaluate University of California, Los Angeles, open portion will be limited to space and/or rank research proposals on Multi- Faculty. Center, Buenos Aires Room. This available. ple Sclerosis in accordance with the pro- meeting will be open to the public from

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEJMBER 27, 1973 269 52 NOTICES

9:00 a.m. to 10:00 a.m., October 9, 1973, MENTAL RETARDATION RESEARCH -Mr. Frank Karel, Associate Director to discuss future plans of the Immunolo- COMMITTEE for Public Affairs, NCI, Building 31, gy-Epidemiology Working Group and to Notice of Meeting Room 10A31, National Institutes of review the current status of EBV re- Health, Bethesda, Miryland 20014 (301- search in human cancer, and closed to Pursuant to .Pub. L. 92-463, notice is 496-1911) will furnish summaries of the the public from 10:00 a.m. to 4:00 p.m., hereby given of the meeting of the Men- two contracts open/closed meeting and roster of com- October 9, 1973, to review tal Retardation Research Committee, mittee members. in accordance with the provisions set National Institute of Child Health and Dr. Richard A. TJalma, Assistant DI- forth in section 552(b)4 of Title 5 U.S. Human Development, October 7-9, 1973, rector for Board and Panel Affairs, NCI, Code and section 10(d) of Pub. L. 92- at 8:00 pam., National Institutes of Building 31, Room 11A44, National In- 463. Attendance by the public will be Health, Building 31, Conference Room 7. stitutes of Health, Bethesda, Maryland limited to space available. This meeting will be open to the public 20014 (301-496-5854) will provide sub- Mr. Frank Karel, Associate Director from,8:00 pm. to 10:00 pm., October 7, stantive program information. for Public Affairs, NCI, Building 31, to discuss items relative to the commit- Room 10A31, National. Institutes of tee's activities including announcements Dated September 17, 1973. Health, Bethesda, Maryland 20014 (301/ by the Associate Director for NICHD, JOHN F. SHERMAN, 496-1911) will furnish summaries of the the Head of the Mental Retardation De',uty Director, open/closed meeting and roster of com- Branch, and the Executive Secretary of National Institutes of Health. the -Committee. The meeting will be mittee members. [FR Doc.73-20570 Filed 9-26-73.8:46 am] Dr. Clarice Gaylord, Executive Secre- closed to the public from 8:30 a.m. to tary, Landow Building, Room C309, Na- 5:00 p.m., October 8 and 8:30 a.m. to tional Institutes of Health, Bethesda, 5:00 pm., October 9, to review grants in PHARMACOLOGY-TOXICOLOGY Maryland 20014 (301/496-6086) will pro- accordance with the provisions set forth PROGRAM COMMITTEE vide substantive program information. in section 552(b) 4 of Title 5 U.S. Code and 10(d) of Pub. L. 92-463. Attendance Notice of Meeting Dated Sept6mber 19,1973. by the public will be limited to space Pursuant to Pub. L. 92-463, notice Is JOHN F. SHERMAN, available. hereby given of the meeting of the Phar- Deputy Director, Ms. Patricia Newman, Information macology-Toxicology Program Commit- National Institutes of Health. Officer, NICHD, Landow Building, Room tee, National Institute of General Medi- [FR Doc.73-20582 Filed 9-26-73; 8:45 am] A-804B, National Institutes of Health, cal Sciences, October 1-2, 1973, 9 u.m., 496-5133, will furnish" summaries of the National Institutes of Health, Building meeting and rosters of the committee 31C, Conference Room 8. This meeting INFECTIOUS DISEASES COMMITTEE members. Substantive information may will be open to the public from 8:30 am. also be obtained from Notice of Meeting Dr. Lyle Lloyd, Ex- to 3:00 pm., October 1, 1973, for opening ecutive Secretary of the Committee, remarks and general discussion on objec- Pursuant to Pub. L. 92-463, notice is Room C-704A, Landow Building, Na- tives of the program, and closed to the hereby given of the meeting of the tional Institutes of Health, 496-1383. public from 3:00 pam. to 5:00 p.m., Octo- Infectious Disease Committee, National (Catalog of Federal Domestic Assistance ber 1, and from 8:30 a.m. to 5:00 p.m., Institute of Allergy and Infectious Dis- Program No. 13.317, National Institutes of October 2, 1973, to review, discuss, evalu- eases, October 18 and 19, 1973, 9:00 a.m. Health.) -ate, and rank contract proposals in ac- to 5:00 p.m., National Institutes. of cordance with the provisions set forth in Health, Building 31, Conference Room 8. Dated September 17, 1973. section 552(b) 4 of Title 5 U.S. Code for This meeting will be open to the public JOHN F. SHEsRMAN, grants and contracts and 10(d) of Pub. from 9:00 a.m. to 10:00 a.m., October 18, Deputy Director, L. 92-463. Attendance by the public will 1973 to review'published data on the in- Nationdl Institutes of Health. be limited to space available. cidence of Mycoplasma pneumoniae; and [FR Doc.73-20577 Filed 9-26-73;8:45 am] Mr. Paul Deming, Information Officer, closed to the public from 10:00 a.m. to NIGMS, Building 31, Room 4A46, Be- 5:00 p.m. on October 18, 1973, and 9:00 thesda, Maryland 20014. Telephone: 301, a.m. to 5:00 p.m. on October 195 1973, to NATIONAL CANCER ADVISORY BOARD 493-5676, will furnish a summary of the review contracts in accordance with the meeting and a roster of committee provisions set forth in section 552 (b) 4 of Notice of Meeting members. Title 5 U.S. Code and 10(d) of Pub. L. 92- Pursuant to Pub. L. 92-463, notice is Substantive program information may 463. Attendance by the public will be lin- hereby given of the meeting of the Na- be obtained from Dr. George J. Cosmide3, ited to space available. tional Cancer Advisory Board, National Executive Secretary, Westwood Building, Mr. Robert Schreiber, Information Of- Cancer Institute, October 1-3, 1973, 9:00 Room 9A03, Telephone: 301, 496-7707. ficer, National Institute of Allergy and a.m., National Institutes of Health, (Catalog of Federal Domestic Assistance Pro- Infectious Diseases, National Institutes Building 31, Conference Room 6. This gram No. 13.335, General Medical Solonces- of Health, Building 31, Room 7A-34,, meeting will be open to the public from Research Grants.) phone 496-5717, will furnish summaries 9:00 am., to 5:00 p.m., October 1; 9:00 Dated of the meeting and rosters of committee am., to 5:00 p.m., October 2; and 10:00 September 17, 1D73. members. a.m., to 12:30 pam., October 3, to review JOHN F. SHEnMAN, Mrs. Martha J. Mattheis, Executive scientific research concerned with can- Deputy Director, Secretary of the Infectious Disease Com- cer biology; diagnosis; treatment; and National Institutes of Health. mittee, National Institute of Allergy special programs in the National Cancer [FR Doc.73-20567 Filed 9-26-73;8:45 am] and Infectious Diseases, National Insti- Program. On the morning of October 3, tutes of Health, Building 31, Room 7A- there will be a discussion on the reduc- 10, phone' 496-5105, will furnish substan- tion of cancer risk in smokers; opportu- WORKING GROUP ON PATHOPHYSIOLOGY OF THE MULTIPLE SCLEROSIS AD HOC tive program information. nities for early diagnosis; and projec- tions in therapy, during a presentation SCIENTIFIC ADVISORY COMMIrEE (Catalog of Federal Domestic Assistance Pro- on the lung cancer program. The meet- Notice of Meeting gram No. 13-301, National Institutes or ing Health.) will be closed to the public from 9:00 a.m., to 10:00 a.m., October 3, to discuss Pursuant to Pub. L. 92-463, notice is Dated September 17, 1973. hereby given of the meeting of the Work- the fiscal year 1975 budget in accordance ing Group on Pathophyslology of the JoHN F. SHERMUA, with the provisions set forth in section Multiple Sclerosis ad hoc Scientific Ad- Deputy Director, 552(b).5 of Title 5 U.S. Code and 10(d) visory Committee, October 5, 1973,, at National Institutes of Health. of Pub. L. 92-463. Attendance by the 9:00 am.., In Room 8A03, Building 31A. [FR Doc.73-2057i Filed 9-26-73;8:45 am] public will- be limited to space available. National Institutes of Health, Bethesda,

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26953

Maxyland. This meeting will be closed to meeting will be open to the public from Energy Act (42 U.S.C. 2039, 2232 b.), the the iublic to review, discuss and evaluate 9:00 am. to 5:00 p.m. and 7:00 p.m. to Advisory Committee on Reactor Safe- and/or rank research proposals on 9:00 p.m., October 10, 1973 and 9:00 am. guards will hold a meeting on October Multiple Sclerosis in accordance with the to 12:00 p.m., October 11, 1973, to dis- 11-13, 1973, in Room 1046, 1717 H Street provisions set forth in section 552(b)4 cuss radiological methods in the diag- NW., Washington, D.C. of Title V, U.S. Code and section 10(d) of nosis of cancer. Attendance by the public The following constitutes that portion Pub. L. 92-463. will be limited to space available. of the Committee's agenda for the above 1. The Institute Information Officer Mr. Frank Karel, Associate Director meeting which will be open to the public: who will furnish summaries of the meet- for Public Affairs, NC, Building 31, (1) Thurcday, October 11, 1973: 10:f5 am- ing and rosters of committee members Room 10A31, National Institutes of 22:30 p.m. and 1:30 p.m.-3:CO prm-Donald is: Mrs. Ruth Dudley, Building 31, Room Health, Bethesda, Md. 20014 (301/496-- 0. Coo.* Nuclear Plant (located in lake Town- 8A03, phone: 496-5751. 1911) will furnish summaries of the chip near Benton Harbor, ?Mchigan)-Review 2. The Executive Director from who open meeting and roster of committee appllcatlon for an operating U1cene. The will hear presentatlons by repre- substantive program information may be members. Committee Dr. Kenneth B. Olson, Executive Sec- cantatives and consultants of the AEC Regu- obtained is: Dr. Harry M. Weaver, Room latory Staff and the Indiana and Mlichigan 8A11, Building 31A, NIH, -phone: 496- retary, Building 31. Room 3AOG. National Electric Company and will hold dizscuslons 3523. Institutes of Health, Bethesda, Md. 20014 with these groups. (301/496-1591) will provide substantive The Committee will hold closed sessions Dated September 17,1973. program Information. during thi- period. if required, to discuss JOHN F. SHERMAN, Dated September 21, 1973. cecurity plans for this facility and privileged Deputy Director, information related to steam generator water National Institutes of Health. Jom F. SHERMAN, chemls-try control: fuel element design, fab- Deputy Director, rcation. performance; and loss of ceolant [FR Doc.73-20572 Filed 9-26-73;8:45 am] National Institutes of Health. accident analysis. [FR Doc.73-20533 Filed 9-26-73;8:45 am] It should be noted that, in addition THERAPEUTIC EVALUATIONS to the agenda item noted above, the COMMITTEE Committee will hold Executive Sessions POPULATION RESEARCH COMMITTEE not open to the public under the au- Notice of Meeting Notice of Meeting thorty of section 10(d) of Pub. L. 92-463 -Pursuant to Pub. L. 92-463, notice is Pursuant to Pub. L. 92-463, notice is (the Federal Advisory Committee Act), hereby given of the meeting of the Ther- hereby given of the meeting of the Popu- to consider the above applications and apeutic Evaluations Committee, Na- lation Research Committee of the Na- other matters. I have determined that tional Heart and Lung Institute, October tional Institute of Child Health and It is necessary to close such portions of 3 and 4, 1973, 9:00 a.m., National In- Human Development, October 19, 1973, the meeting to protect such privileged stitutes of Health, Building 31, Con- at 9:00 a.m., National Institutes of information and protect the free inter- ference Room 8. This meeting will be Health, Building 31, Conference Room 6. change of internal views and to avoid open to the public from 9:00 a.m. to This meeting will be open to the public undue interference with agency or Com- 11:00 a.m., October 3, 1973, to discuss the from 9:00 am. to 10:30 a.m., October 19. mittee operation. minutes of the April 23-24 meeting and to discuss program status and projec- Practical considerations may dictate subsequent Council actions on Com- tions for Population Research Centers alterations n the above agenda or mittee recommendations, an adminis- and Program Projects. The meeting will schedule. trative report, interim report and com- be closed to the public from 10:30 a.m. to The Chairman of the Committee is em- mittee activities. The balance of the 5:00 p.m., October 19 to review grants powered to conduct the meeting In a meeting will be closed to the public from in accordance with the provisions set manner that n his judgment will facili- 11:0-0 am., October 3, until the adjourn- forth in section 552(b)4 of Title 5 U.S. tate the orderly conduct of business. ment on October 4 to review grants, in Code and 10(d) of Pub. L. 92-463. At- With respect to public participation in accordance with the provisions set forth tendance by the public will be limited the open portion of the meeting, the in section 552(b) 4 of Title 5 U.S. Code to space available. following requirements shall apply: and 10(d) of Pub. L. 92-463. Attendance Ms. Patricia Newman, Information (a) Persons wishing to submit written to space item by the public will be limited Landow Building, Room statements regarding the agenda Officer, NICHD, thereof, available. A-804B, National Institutes of Health, may do so by mailing 25 copies Jackson, Information Of- later than October 4, Mr. Hugh 496-5133, will furnish summaries of the postmarked no Building, Secretary, Advi- ficer, NHL, NIH Landow meeting and rosters of the committee 1973, to the Executive Room C918, phone 496-4236, will furnish members. Substantive information may sory Committee on Reactor Safeguards, Wash- summaries of. the meeting and rosters of also be obtained from Dr. Bengt U.S. Atomic Energy Commission, members. Substantive com- the committee Lijeroot, Executive Secretary of the ington, D.C. 20545. Such written from based on materials re- inforination'may also be obtained Committee, Room C-729, Landow Build- ments shall be lated to the above agenda Item, which the Executive Secretary, Dr. Eleanor M. ing, National Institutes of Health. 496- K. Darby, NEIL, NIH Westwood Build- materials are contained in the applica- ing, Room 554, phone 496-7445. 6515. tion for an operating license and related (Catalog of Federal Domestic Assistance Pro- documents, on file and available for pub- (Catalog of Federal Domestic Assistance Pro- of gram No. 13.346, National Institutes of gram No. 13.317, National Instltutes lic inspection in the Atomic Energy Health.) Health.) - CommissLon's Public Document Room, Dated September 17, 1973. 1717 H Street, NW., Washington, D.C. Dated September 17, 1973. 20545, and the St. Joseph Public Library, JoHN F. SHERMAN, Jonl F. SHERMAN, 500 Market Street, St. Joseph, Michigan Deputy Director, Deputy Director, 49085. National Institutes of Health. National Institutes of Health. (b) Those persons submitting a writ- [FR Doc.73-20579 Filed 9-26-73; 8:45 am] [FR Doc.73-20570 Filed 9-2-73,8:45 am] ten statement n accordance with para- graph (a) above may request an oppor- ATOMIC ENERGY COMMISSION tunity to make oral statements concern- DIAGNOSTIC RADIOLOGY COMMITTEE ing the written statement. Such requests ADVISORY COMMITTEE ON REACTOR Notice of Meeting shall accompany the written statement SAFEGUARDS 162ND ACRS MEETING and shall set forth reasons justifying the Pursuant to Pub. L. 92-463, notice is Notice of Meeting need for such oral statement and its hereby given of the meeting of the Di- agnostic Radiology Committee, National SEPT'EMEa 24,1973. usefulness to the Committee. To the ex- Cancer Institute, October 10-11, 1973, at In accordance with the purposes of tent that the time available for the meet- will receive Airlie House, Warrenton, Virginia. This sections 29 and 182 b. of the Atomic ing permits, the Committee

,FEDERAL REGISTER, VOL 38, NO. 187.-THURSDAY, SEPTEMBER 27, 1973 26954 NOTICES oral statements during a period of no I have determined, in accordance with with the course of the meeting, will be more than 30 minutes at an appropriath subsection 10(d) of Public Law 92-463, permitted both before and after the time, chosen by the Chairman of the that the executive session at the end of meeting and during any recess. The use Committee. the meeting will consist of an exchange of such equipment will not, however, be (c) Requests for the opportunity to of opinions and formulation of recom- allowed while the meeting Is in session. make oral statements shall be ruled on mendations, the discussion of which, if (h) A copy of the transcript of the by the Chairman of the Committee, who written, would fall within exemption (5) open portions of the meeting vill be is empowered to apportion the time avail- of 5 U.S.C. 552(b). It is essential to close available for inspection during the fol- able among those selected by him to this portion of the meeting to protect the lowing workday at the Atomic Energy make oral statements. free interchange of internal views and to Commission's Public Document Room, (d) Information as to whether the avoid undue interference with Commit- 1717 H Street NW., Washington, D.C. meeting has been cancelled or resched- tee operation. 20545. On request, copies of the minutes uled and in regard to the Chairman's Practical considerations may dictate of the meeting will be made available for ruling on requests for the opportunity alterations in the above agenda or inspection at the Atomic Energy Com- to present oral statements, and the time schedule. mission's Public Document Room, 1717 allotted, can be obtained by a prepaid The Chairman of the Subcommittee is H Street NW., Washington, D.C. 20545, telephone call on October 10, 1973, to the empowered to conduct the meeting in a on or after December 10, 1973. Copies Office of the Executive Secretary of the manner that, in his judgment, will fa- may be obtained upon payment of ap- Committee (telephone: 301-973-5651) cilitate the orderly conduct of business. propriate charges. between 8:30 am. and 5:15 p.m. e.d.t. With respect to public participation in (e) Questions may be propounded only the open portion of the meeting, the fol- JOHN C. RYAN, by members of the Committee and its lowing requirements shall apply: Advisory Committee consultants. (a) Pergons wishing to submit written Management Offcer. (f) Seating for the public will be avail- statements regarding the agenda item [FR Doc.73-20680 Filed 9-26-73;8:45 am] able on a first-come, first-served basis. may do so by mailing 25 copies thereof, (g) A copy of the transcript of the postmarked no later than October 3, 1973, [Docket No. 50-295] open portions of the meeting will be to the Executive Secretary, Advisory available for inspection during the fol- Committee on Reactor Safeguards, U.S. COMMONWEALTH EDISON CO. lowing workday at the Atomic Energy Atomic Energy Commission, Washing- Notice of Issuance of Amendment to Commission's Public Document Room, ton, D.C. 20545. Such comments shall be Facility Operating License 1717 H Street, NW., Washington, D.C. based upon Westinghouse topical reports On request, copies of the minutes of the and various other related documents on Notice Is hereby given that, pursuant meeting will be made available for in- file and available for public inspection at to an Order by the Atomic Safety and spection at the Atomic Energy Commis- the Atomic Energy Commission's Public Licensing Board, dated September 20, sion's Public Document Room, 1717 H Document Room, 1717 H Street NW., 1973, the Atomic Energy Commission Street, NW., Washington, D.C., on or Washington, D.C. 20545. (the Commission) has Issued Amend- after December 12, 1973. Copies may be (b) Those persons submitting a writ- ment No. 2 to Facility Operating License obtained upon payment of appropriate ten statement in accordance with para- No. DPR-39 to Commonwealth Edison charges. graph (a) above may request an op- Company (Commonwealth Edison) for JOHN C. RYAN, portunity to make oral statements con- Zion Nuclear Power Station, Unit 1 (the Advisory Committee cerning the written statement. Such facility). The facility Is a pressurized, Management Officer. requests shall accompany the written light water moderated and cooled reac- [FR Doc.73-20681 Filed 9-26-73;8:45 am] statement and shall set forth reasons tor located at Commonwealth Edison's justifying the need for such oral state- 250 acre site on the west shore of Lake ment and its usefulness to the Subcom- Michigan In Zion, Lake County, fllpois. ADVISORY COMMITEE ON REACTOR mittee. To the extent that the time The facility Is designed for operatl6n at SAFEGUARDS WORKING GROUP ON available for the meeting permits, the approximately 3,250 megawatts thermal. PEAKING FACTORS Subcommittee will receive oral state- The amended license authorizes Com- Notice of Meeting ments during a period of no more than monwealth Edison to perform operations 30 minutes at an appropriate time, at core power levels up to 1,700 mega- SEPTEDIBER 24, 1973. chosen by the Chairman of the Subcom- watts thermal (about 52 percent of rated In accordance with the purposes of mittee, between the hours of 3:00 p.m. power), in accordance with the Techni- section 29 and 182 b. of the Atomic En- and 5:30 p.m. on the day of the meeting. cal Specifications Issued on August 9, ergy Act (42 U.S.C. 2039, 2232 b.), the (c) Requests for the opportunity to 1973. Advisory Committee on Reactor Safe- make oral statements shall be ruled on The Director of Regulation has made guards Working Group on Peaking Fac- by the Chairman of the Subcommittee, appropriate findings as required by the tors will hold a meeting on October 10, who is empowered to apportion the time Act and the Commission's regulations In 1973, in Room 112, at 1717 H Street NW.,, available among those selected by him to 10 CPR Ch. I, which are set forth in the Washington, D.C. The purpose of this make oral statements. license. The application for the license meeting will be to discuss calculational (d) Information as to whether the complies with the requirements of the techniques and plant operating condi- meeting has been cancelled or resched- Atomic Energy Act of 1954, as amended, tions related to peaking factors, with ref- uled, and in regard to the Chairman's and the Commission's regulations In 10 erence to nuclear reactors designed by ruling on requests for the opportunity to CFR Ch. I. Westinghouse Electric Corporation. present oral statements, and the time al- The amended license Is effective as of The following constitutes that portion loted, can be obtained by a prepaid tele- the date of issuance and shall expire of the Subcommittee's agenda for the phone call on October 9, 1973, to the eighteen (18) months from said date above meeting which will be open to the .Omce of the Executive Secretary of the unless extended for good cause shown public: Committee (telephone: 301-973-5651) or upon earlier Issuance of a supersed- between 8:30 a.m. and 5:15 pm., e.d.t. ing licensing action. However, the au- Wednesday, October 10, 1973, 2:30-5:30 p.m. thority to operate the facility as speci- Discussion with the AEC Regulatory Staff Ce) Questions may be propounded only and Westinghouse. by members of the Subcommittee and fied in Item 3.A. of the amended license its consultants. Is subpect to further orders of the Atomic In connection with the above agenda (f) Seating for the public wil be avail- Safety and Licensing Board designated Item, the Subcommittee will hold an ex- able on a first-come, first-served basis. to conduct a hearing on Commonwealth ecutive session at approximately 5:30 Edison Company's applications for full (g) The use of still, movie, and tele- power licenses p.m. to exchange opinions and for Zion Units I and 2. In formulate vision cameras, the physical installation the event that the Atomic Safety and recommendations to the ACRS. and presence of which will not interfere Licensing Board Issues any further order

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY SEPTEMBER 27, 1973 NOTICES 26955 prohibiting further operation of Zion sion at the end of the meeting will con- Ington, D.C. 20545. On request, copies of the opin- minuten of the meeting ini be made avail- Unit 1 or limiting such operation to sist of an exchange of preliminary able for inupection at the Atomic Energy power levels below those authorized in ions and formulation of recommenda- Commlion's Public Document Room, 1717 the amended license Commonwealth tions, the discussion of which, if written.- H Street IW., Washington, D.C. 20545 on or Edison Company shall comply with such would 4all within exemption (5) of 5 after Decembr 9. 1973. Coples may be ob- limitations as rapidly as compliance can U.S.C. 552(b). It is essential to cloze these tained upon payment of appropriate charges. portions of the meeting to protect the be achieved in an orderly fashion, subject Jom C. RYANr to any orders staying such decision which free interchange of internal views and to avoid undue interference with naency Advisory Committee may be entered by the Atomic Safety and Management Off.cer. Licensing Appeal Board, the Atomic and Committee operation. Energy Commission or a court of compe- Practical considerations may dic- [PR Dec.73-20741 Filed 9-2--73;8:45 am] tent jurisdiction. tate alterations in the above agenda or Copies of (1) the Board's Order dated schedule. CIVIL AERONAUTICS-BOARD The Chairman of the Subcommittee September 20, 1973, (2) Amendment No. [Docket No. 13959; Order 73-9-82] 2 to Facility Operating License No. is empowered to conduct -the meeting in .DPR-39, and other relevant documents a manner that, in his Judgment, will DALLAS-FORT WORTH REGIONAL AIRPORT are available for public inspection in the facilitate the orderly conduct of business. INVESTIGATION Commission's Public Document Room, With respect to public participation OrderTerminating Investigation 1717 H Street, N4W, Washington, D.C., in the open portion of the meeting, the Adopted by the Civil Aeronautics and at the Waukegan Public Library, 128 following requirements shall apply: N. County Street, Waukegan, Illinois. Board at its office In Washington, D.C., (a) Persons wishing to submit written on the 21st day of September 1973. Copies of the amended license may be statements regarding the agenda item may obtained upon request addressed to the This Investigation was instituted by do so by mailing 25 copies thereof, post- 20, 1962 (Order Atomic Energy Commission, Washing- marked no later than October 4, 1973 to the the Board on August ton, D.C: 20545, Attention: Deputy Di- Executive Secretary, Advisory Committee on E-18719, amended on December 19, 1962 rector for Reactor Projects, Directorate Reactor Safeguards, US. Atomic Energy by Order E-19117), to determine whether of Licensing. Commission, Washington. D.C. 20545. Written the public convenience and necessity re- statements shall be based on a prepared quire the alteration, amendment, or iated at Bethesda, Maryland, this 21st statement of the Director of the Reactor modification of the certificate or cer- day of September 1973. Safety Study, dated September 25, 1973 tificates of (1) all air carriers, (2) the which is on file and available for public In- For the Atomic Energy Commission. local service carriers, (3) the trunkline spection at the Atomic Energy Commizaion's carriers, or (4) any individual air car- KAT R. QOLLER, Public Document Room, 1717 H Street NW., Washington, D.C. 20545. rier or air carriers authorized to serve Chief, Pressurized Water Re- (b) Those persons submitting a written either or both Dallas and Fort Worth, actors, Branch No. 3, Direc- statement In accordance with paragraph (a) Texas, in such manner as to require that torate of Licensing. above may request an opportunity to make Dallas and Fort Worth be served through [PR Doc.73-20587 Piled 9-26-73;8:45 -am] oral statements concerning the written a single airport to be designated in this statement Such requests shall accompany the written statement and ahall et forth proceeding. reasons justifying the need for such oral After due notice a public hearing was ADVISORY COMMITTEE ON REACTOR held before Administrative Law Judge SAFEGUARDS, statement and its usefulnes to the Sub- SUBCOMMITTEE ON RE- committee. To the extent that the time Ross L Newmann, who thereafter issued LABILITY AND ACCIDENT PROBABIL- available for the meeting permits, the Sub- his initial decision on April 7, 1964, in ITIES committee will receive oral statements dur- which he concluded that It would not be Notice of Meeting Ing a period of no more than 30 minuten at In the public interest to designate either - SEPTEMBER 26, 1973. an appropriate time, chosen by the Chair- GSIA or Love Field as a regional airport man of the Subcommittee, between the hours In accordance with the purposes of of 1:00 p.m. and 4:30 p.m. on the day of to serve the Dallas-Fort Worth area. sections 29 and 182b. of the Atomic the meeting. Judge Newmann recognized, however, Energy Act (42 U.S.C. 2039, 2232b.), the (c) Requests for the opportunity to make that both cities would benefit if a fair Advisory Committee on Reactor Safe- oral statements shall be ruled on by the and equitable solution to their problems guards' Subcommittee on Reliability and Chairman of the Subcommittee, who is em- could be worked out. As a possible solu- Accident Probabilities will hold a meet- powered to apportion the time available tion, he suggested the creation of an ing on October 9, 1973, in Room 1062, at among those selected by him to make oral Airport Authority which would assume statements. full responsibility for the planning, de- 1717 H Street NW., Washington, D.C. (d) Information as to whether the meet- The subject scheduled for discussion is ing has been cancelled or rercheduled, and velopment, and operation of all airports the background and tentative views re- in regard to the Chairman's ruling on re- in the Dallas-Fort Worth area. garding the AEC's Reactor Safety Study. quests for the opportunity to present oral On September 30, 1964, the Board is- The following constitutes that portion statements, and the time allotted, can be ob- sued an order (E-21341) stating it was of the Subcommittee's agenda for the tained by a prepaid telephone call on October unanimously of the opinion that service above meeting which will be open to the 9, 1973, to the Oce of the Executive Secre- to Dallas and Fort Worth should be re- public: tary of the Committee (telephone: 301-973- quired through a single airport which 5651) between. 8:30 am and 12:00 noon meets, without limitation, the present Tuesday, October 9, 1973, 1:00 pm-2:0U pm eastern daylight time. (e) Questions may be propounded and future requirements for transconti- Discussion of background of Reactor Safety only by members of the Subcommittee and Its nental passenger and cargo services. The Study with Safety Study Representatives. consultants. order gave the two cities a period of 180 In connection with the above agenda (f) Seating for the pubic wil be avall- days within which to arrive at a volun- item, the Subcommittee will hold a closed able on a first-come, first-cerved basis. tary agreement concerning the location session at approximately 2:00 pm. to dis- (g) The use of still, motion picture, and of the airport to be used for the consoli- television cameras, the physical installation dated service and to submit such agree- cuss preliminary opinions and internal and presence of whlch will not interfere with views of the AEC and its consultants, the course of the meeting, will be permitted ment to the Board. and an executive session at approxi- both before and after the meeting and dur- When the two cities failed to reach an mately-4:30 p.m. to exchange opinions Ing any recess. The use of such equipment agreement, the Board issued Order and formulate recommendations to the will not, however, be allowed while the meet- E-22028 on April 13, 1965, stating that it ACRS. Ig is in session. I have determined, in accordance with (h) A copy of the transcript of the open was firmly of the view that a volun- portions of the meeting will be available tary agreement on the part of both cities subsection 10(d) of Pub. L. 92-463, that for inspection during the followdng workday the closed sssion beginning at approx- at the Atomic Energy Commlon'a Public is the best solution to their airport prob- ,imately 2:00 pm. and the executive ses- Document Room, 1717 H Street NW. Wash- lem and that the Board was prepared to

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26956 NOTICES assist them in reaching such an agree- embodied in the resolutions of the Joint adopted pursuant to the provisions of ment. The Board therefore remanded the Traffic Conferences of the International Resolution 590 dealing with specific com- case to the Administrative Law Judge Air Transport Association (IATA) and modity rates. with full authority to assist the parties adopted pursuant to the provisions of The agreement names three additional In their efforts to reach a definitive Resolution 590 dealing with specific com- specific commodity rates as set forth in agreement. modity rates. the attachment hereto,' reflecting reduc- Following our order of remand, the Ad- The agreement names six additional tions from general cargo rates; and was ministrative Law Judge held a series of specific commodity rates as set forth in adopted pursuant to unprotested notices meetings with respresentatives of both the attachment hereto,' reflecting reduc- to the carriers and promulgated in an cities in Washington, D.C., Fort Worth; tions from general cargo rates; and was IATA letter dated August 24, 1973. and Dallas. As a result, the Dallas/Fort adopted pursuant to unprotested notices Pursuant to authority duly delegated Worth Regional Airport Board was estab- to the carriers and promulgated in an by the Board in the Board's regulations, lished on September 27, 1965, under IATA letter dated September 6, 1973. 14 CFR 385.14, it is not found that the Texas Revised Civil Statutes, and was .Pursuant to authority duly delegated subject agreement Is adverse to the pub- given permanent status by the City Coun- by the Board in the Board's regulations, lic interest or in violation of the Act: cils of Dallas and Fort Worth. On April 14 CFR 385.14, it Is not found that the Provided, That approval is subject to the 15, 1968, the cities signed a contract cre- subject agreement is adverse to the pub- conditions hereinafter ordered. ating provisions for the construction and lic interest or in violation of the Act: Accordingly, it is ordered, That: operation of the Dallas-Fort Worth Air- Provided,That approval is subject to the L Agreement C.A.B. 23910, R-1 port. Under the contract, the airport will conditions hereinafter ordered. through R-3 be and hereby is approved, be owned and operated by or on behalf of Accordingly, it is ordered, That: provided that approval shall not consti- and under the control of the cities. The 1. Agreement C.A.B. 23926, R-1 tute approval of the specific commodity Board was authorized to plan, acquire, through R--6 be and hereby is approved, descriptions contained herein for pur- establish, develop, construct, operate, provided that approval shall not consti- poses of tariff publication: Providedfur- regulate, and police the airport, and was tute approval of the specific commodity ther, That tariff filings shall be marked charged with the responsibility of exer- descriptions contained herein for pur- to become effective on not less than 30 cising on behalf of the cities the powers poses of tariff publication: Provided,fur- days' notice from the date of filing; and of each with respect thereto. ther, That tariff filings shall be marked 2. The findings and approval herein In its ultimate development the Dallas- to become effective on not less than 30 shall not be deemed to modify the find- Fort Worth Airport will have six primary days' notice from the date of filing; and ings and Order of the Board in Its deci- instrument runways capable of three si- 2. The findings and approval herein sion in Agreements Adopted by IATA multaneous operations, and a ground shall not be deemed to modify the find- Relating to North Atlantic Cargo Rates, capacity of 230 passenger-aircraft gates ings and Order of the Board in its deci- Order 73-2-24 of February 6, 1973, as and 200 all-cargo gates. Under Phase I, sion in Agreements Adopted by IATA Re- amended and finalized by Order 73-7-9 which is to be opened this fall, the Dal- lating to North Atlantic Cargo Rates, Or- of July 5, 1973, and are subject to all las-Fort Worth Airport will provide a der 73-2-24 of February 6, 1973, as provisions of such order. three-runway layout capable of simul- amended and finalized by Order 73-7.9 Persons entitled to petition the Board taneous aircraft operations, with a total of July 5, 1973, and are subject to all pro- for review of this order, pursuant to the of 66 passenger gates and 12 cargo gates. visions of such order. Board's regulations, 14 CFR 385.50, may Phase I cost is estimated at approximate- Persons entitled to petition the Board file such petitions within ten days after ly $700 million. for review of this order, pursuant to the the date of service of this order. In view of the foregoing, we find that Board's regulations, 14 CFR 385.50, may This order shall be effective and be- the new Dallas-Fort Worth Airport will file such petitions within ten days after come the action of the Civil Aeronautics provide an adequate facility to accom- the date of service of this order. Board upon expiration of the above pe- modate the air transportation needs of This order shall be effective and be- riod, unless within such period a petition Dallas and Fort Worth and the sur- come the action of the Civil Aeronautics for review thereof is filed or the Board rounding counties that constitute their Board upon expiration of the above pe- gives notice that It will review this order tributary market-base region. We fur- riod, unless within such period a petition on its own motion. ther find that the primary purpose and for review thereof is filed or the Board objective of this investigation has been gives notice that it will review this order This order will be published In the accomplished. on its own motion. FEDERAL REGISTER. Accordingly, it is ordered, That: This order will be published in the [SEAL1 EDWIN Z. HOLLAND, The investigation in Docket 13959 be FEDERAL REGISTER. Secretary. and it hereby is terminated. [SEAL] EDWIN Z. HOLLAND, [FR Doc. 7/3-20653 Filed 0-2G-73;8:45 am] This order shall be published in the Secretary. FEDERAL REGISTER. [FR Doc.73-20652 Filed 9-26-73;8:45 am] [Docket No. 23333; Order 73-9-78] By the Civil Aeronautics Board. :NTERNATIONAL AIR TRANSPORT [SEAL] EDVIN Z. HOLLAND, [Docket No. 23333; Order 73-9-76 1] ASSOCIATION Secretary. INTERNATIONAL AIR TRANSPORT Order Regarding Specific Commodity Rates [FR Doc.73-20655 Filed 9-26--73;8:45 am] ASSOCIATION Issued under delegated authority Sep- Order Regarding Specific Commodity Rates tember 20, 1973. [Docket No. 23333; Order 73-9-771 Issued under delegated authority Sep- An agreement has been filed with the INTERNATIONAL AIR TRANSPORT tember 19, 1973. Board pursuant to section 412(a) of the ASSOCIATION An agreement has been filed with the Federal Aviation Act of 1958 (the Act) Order Regarding Specific Commodity Rates Board pursuant to section 412 (a) of the and Part 261 of the Board's Economic 'Federal Aviation Act of 1958 (the Act), Regulations, between various air car- Issued under delegated authority Sep- and Part 261 of the Board's Economic tember 20, 1973. Regulations, between various air carriers, Tiers, foreign air carriers, and other car- An agreement has been filed with the foreign air carriers, and other carriers, riers, embodied in the resolutions of the Board pursuant to section 412(a) of the embodied in the resolutions of the Joint Federal Aviation Act of 1958 (the Act) Traffic Conferences of the International IOrder 73-8-70 dated August 14, 1073 and and Part 261 of the Board's Economic Air Transport Association (IATA) and issued September 11, 1973 was incorrectly Regulations, numbered and dated. It is now being relsmued between various air carriers, bearing a current date and number. foreign air carriers, and other carriers, Filed as part of the original document. 2Filed as part of the original document.

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27", 1973 NOTICES 26957

Joint Traffic Conferences of the Inter- .renewal of Its certificate of public con- tic authorities,' the possible certification national Air Transport .Association. venience and necessity for route 147, of additional U.S. coterminal points, and (IUATA) and adopted pursuant to the Docket 24816; application of Seaboard the authorization of supplemental trans- provisions of Resolution 590 dealing with World Airlines, Inc. for renewal of tem- atlantic cargo authority. Accordingly, we specific commodity rates. porary authority in Its certificate of pub- are consolidating for hearing in this pro- The agreement names two additional lib convenience and necessity for route ceeding the applications of Pan Ameri- can. TWA. and Seaboard, in Dockets - specific commodity rates as set forth in 119, Docket 24825; East Coast Point- Investigation, Docket 24818, 24816, and 24825, respectively, - the attachment hereto,' reflecting reduc- Europe Service tions from general carg6rates; and was 19255. insofar as those applications conform to adopted pursuant to unprotested notices Pan American World Airways, Inc., the scope of the proceeding herein to the carriers and promulgated in an Trans World Airlines, Inc., and Seaboard Instituted. IATA letter dated September 6,1973. World Airlines, Inc., hold substantial In view of the increased congestion at Pursuant to authority duly delegated temporary transatlantic authority in- many of the existing East Coast gate- by the Board in the Board's Regulations, eluding numerous points in Western and ways, and the continued Increase in 14 CFR 385.1-4, it is not found that the Eastern Europe, the Near and Mliddle transatlantic traffic, we believe it desir- subject agreement is adverse to the pub- East, North Africa and points in the Far able that the Issues in this proceeding EastV By timely filed applications, Pan embrace consideration of additional U.S. lic interest or in violation of the Act: 2 Provided, That approval is subject to the American, TWA,' and Seaboard' have points for certification as scheduled U.S- conditions hereinafter ordered. -requested permanent renewal of their coterminals.' However, in order to avoid Accordingly, it is ordered, That: temporary transatlantic certificate au- expanding the case to unmanageable 1. Agreement C.A.B. 23927, R-1 and thority,' invoking 5 U.S.C. 558(c), for- proportions, and to prevent delay in con- R-2 be and hereby is approved, provided merly section 9(b) of the Administrative sidering the renewal of the existing car- that approval shall not constitute ap- Procedure Act, pursuant to which their riers' temporary authorities, it is our proval of the specific . commodity respective temporary authorities have desire to limit the number of US. cities descriptions contained herein for pur- been automatically extended until final to be considered as possible US. co- poses of tariff publication: Provided Board decision on their renewal terminal points. Consequently, we have further, That tariff filings shall be applications. selected 16 additional cities for consid- marked to become effective on not less In addition, six supplemental air car- eration as US. coterminals for trans- than 30 days' notice from the date of riers I have recently received repewed atlantic passenger and/or cargo service. filing; and certificates of public convenience and* Our selection was accomplished in a manner which gives due regard to the 2. The findings and approval herein necessity authorizing them to provide transatlantic supplemental air transpor- traffic-generating capability and geo- shall not be deemed to modify the find- which ings and Order of the Board in its de- tation between any point In any State of graphical location of all cities cision in Agreements Adopted by IATA the United States or the District of Co- might be considered as possible domestic Relating to North Atlantic Cargo Ratep, lumbia, on the one hand, and points in coterminals points." Thus, with one ex- Order 73-2-24 of February 6, 1973, as Greenland, Iceland, the Azores, Europe, ception-Hartford, Conn-the cities we amended and finalized by Order 73-7-9 Africa, and Asia, as far east as (and in- have selected rank In the top 25 U.S. of July 5,1973, and are subject to all pro- eluding) India, on the other hand. By cities in terms of domestic revenue pas- visions of such order. their terms these certificates expire on senger miles generated for the 12 months Persons entitled to petition the Board July 5, 19757 for review. of this order, pursuant to the Upon ensideration of the foregoing regulations, 14 CFR 385.50, may and other pertinent matters, we have de- &We shall not include In this Investigation Board's the renewal of TWA's temporary authority file such petitions within ten days after termined to institute a proceeding, as to rerve the People's Republic of China. In the date of service of this order. discussed in detail below, to consider the view of the unique circumstances Involved, This order shall be effective and be- renewal of the scheduled and supple- wo believe that consideration of the question come the action of the Civil- Aeronau- mental carriers' .temporary transatlan- of cervice to the People's Republic of China tics Board upon expiration of the above would unnecesarily delay and complicate period, unless within such period a peti- the reot of this investigation and should not tion for review thereof is filed or the 1with the exception of Pan American's au- be considered at this time. TWA's existing Board gives notice that it will review this thority at San Juan, the carrier's U.S. co- authority wil continue In effect pursuant to - terminal points are authorized on a perma- 5 US.C. 553 (o). order on its own motion. nent basis. IThe following s a list of the existlng This order will be published in the 2Pan American's application for renewal domestic coterminal points: Baltimore-Pan American, TWA, Sea- FEDERAL REGISTER. of routes 132 and 133 was flied In Docket 24818. In addition to renewal of it temporary board (hyphenated with Washington) ESEAL] EDwIN Z. HOLLAnD, authority on routes 132 and 133, Pan Ameri- Bo ton-Pan American, TWA. Seaboard Secretary. can requests authority to allow stopover priv- Chicago-Pan American. TWA. Seaboard - ileges at any coterminal point named In Its Cleveland--Seaboard [FR Doe./3-20654 Filed 9-26-73;8:45 am] certificate to any person traveling between Detroit-Pan American, TWA, Seaboard any other coterminal, on the one hand, and Los Angele-Pan American., TWA, Sea- [Docket No. 25908,ete.; Order 73-9-83] any foreign point named in the certificate, board on the other hand. New Tork:-Pan American. TWA; Sea- TRANSATLANTIC ROUTE PROCEEDING, a TWA's application, as amended, for re- board ET AL newal of route 147, was fled In Docket 24816. Philadelphia-Pan American. TWA. Sea- 4Seaboard's application for renewal of Its board Order Regarding Certificate of Public authority to carry property and maill only Portland-Pan American Convenience and Necessity over route 119 was filed In Docket 24923. San Francisco-Pan American, TWA, Adopted by the Civil Aeronautics rAppendix A contains a list of each car- Seaboard Board at its office in Washington, D.C., rier's temporary authority. San Juan, P.R.-Pan. American (tem- 4 Capitol International Airways. Inc., Over- porary) on the 21st day of September 1973. Seattle--PaxE American Proceeding, seas National Airways, Inc. Saturn Airways. Transatlantic Route Inc-, Trans International Airlines, Inc., and Waoington, D.C.-Pan American. TWA. Docket 25908; application of Pan Amer- World Airways, Inc. Universal Airlines, Inc. Seaboard (to be served through Dunlles ican World Airways, Inc., for renewal of initially received transatlantic charter au- and hyphenated with Baltimore) temporary authority in its certificates thority by Order 71-5-132, which authority IfThe additional points to be considered of public convenience and necessity for was suspended by Order 72-8--M.. Although for US. coterminal authority are as follows: routes 132 and 133, Docket 24818; appli- this authority was renewed along with other Atlanta. Cleveland, Dalls/Ft. Worth. Denver, cation of Trans World Airlines, Inc., for supplementals by Order 72-5-9. the Board Hartford, Houston. ansas City. Las Vegas, subsequently stayed the effectivene-s of the miami. Minneapolis/St. Paul. New Orleans. renewed certificate (Order 72-C-144). Phcenl, Pittsburgh, St. Louis, San Diego. 'Fied1 as part of the original document - Order 72-5-9, served May 4,1972. and Tampa.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 No. 187-Pt. I- 10 26958 NOTICES

ended December 31, 1971." Similar cr1- gestion at existing gateways-princi- thority on a temporary or permanent teria have proved workable in the past pally New York. In view of the changes basis; and in enabling the Board to determine a in economic conditions since that time, (f) What will be the impact on tho manageable number of coterminal points and in view of the staleness of the plead- human environment of final Board ac- to consider in a case of this sort." ings in the East Coast Points case, we tion in this proceeding. In addition, the issues in this proceed- will terminate that case and invite con- ing will 3. Insofar as they conform to the scope embrace consideration of trans-" solidation of appropriate applications of this proceeding, as set forth In para- atlantic cargo chafter authority. This is into this proceeding. graph 2 above, the applications of Pan consistent with our previous expressions Finally, with the scope of the proceed- of intent to American World Airways, Inc., Docket consider transatlantic sup- ing established by this order, it is our 24818, Trans World Airlines, Inc., Docket plemental cargo authority contempora- intention that this investigation will pro- 24816, and neously with our review qeaboard World Airlines, Inc., of the renewal of ceed expeditiously. Accordingly, we con- Docket 24825, be and they hereby are the temporary transatlantic authority template that the instant proceeding will held by the scheduled carriers." , consolidated with the proceeding insti- be set promptly for prehearing confer- tuted by paragraph 1 above; to the ex- We have determined that final Board ence, and that the Administrative Law tent not consolidated, the foregoing ap- action in this proceeding may constitute Judge assigned will establish the'most a major Federal action plications be and they hereby are dis- which might sig- expeditious procedural schedule possible missed without prejudice; nificantly affect the quality of the human with due regard to the rights of the 4. The East Coast Points-Europe Serv- environment within the meaning of sec- parties and the development of an ade- tion 102 of the National ice Investigation, In Docket 19255, be and Environmental quate record, to which procedural sched- it hereby Is terminated; Policy Act of 1969. Accordingly, this pro- ule the parties will strictly adhere. ceeding will be conducted in accordance Accordingly, 5. The applications listed In Appendix it is ordered, That: B below, be and they hereby are vith the standards and procedures set 1. A proceeding, to be known as the dis- forth in § 399.110 of the Board's missed without prejudice; 1 Policy Transatlantic Route Proceeding, Docket Statements. In addition, we are direct- 25908, be 6. Petitions for reconsideration of this and it hereby is instituted and order and motions ing the Director, Bureau of Operating shall be set down for expeditious hearing to consolidate appro- Rights, to prepare and circulate a draft before an Administrative priate applications shall be filed 20 days Law Judge of from the service date environmental impact statement prior to the Board at a time and place hereafter of this order and the hearing for consideration answers thereto shall be filed 10 days and corn- designated; thereafter; and ment by the parties, other environmen- 2. The proceeding instituted by para- tally concerned Federal agencies, and graph 1 above shall include considera- 7. A copy of this order shall be served other interested persons. tion of: on each certificated air carrier; the cit-1 Since a primary focus of this proceed- (a) Whether the public conienience ies listed in Appendix B below; each city Ing will be directed to the consideration and necessity, require listed in paragraph 2(b) above; the Gov- the renewal of the ernor of each of the renewal of the temporary sched- temporary transatlantic certificate au- state listed In Appendix C uled and supplemental authority, we will thority held by Pan American World below, the Governor of Puerto Rico, and not look with favor upon any requests to Airways, Inc., in routes 132 and 133, the Mayor-Commissioner of the District expand the scope of this proceeding to, Trans World Airlines, Inc,, in route 147 of Columbia; the state environmental include consideration, of (1) additional. (except at Canton and Shanghai), and protection agencies listed in Appendix C foreign points, or (2) requests for do- Seaboard World Airlines, Inc., in route below; each party to the *East Coast mestic "fill-up rights" between U.S. co- 119; Points-European Service Investigation; terminal points. Consideration of these (b) Whether the public convenience the Departments of Commerce, Health, Issues would unnecessarily complicate and necessity require the certification of Education, afid Welfare, Interior, State, and delay this proceeding.w afithority to provide transatlantic pas- and Transportation; the Environmental We are herewith terminating the East senger, cargo (combination or all-cargo) Protection Agency; the Council on En- Coast Points-Europe Service Investiga- and mail service, either on a temporary vironmental Quality; and the National tion, Docket 19255, and'dismissing all or permanent basis, to the foreign points Aeronautics and Space Administration. other pending applications for trans- considered in paragraph 2(a) above from This order will be published in the atlantic authority, without prejudice to the following U.S. points: FEDERAL REGISTER. a full consideration of requests that new Atlanta, Ga., Baltimore, Md., Boston, Mass., By the Civil Aeronautics Board. applications which conform to the scope Chicago, Ill., Cleveland, Ohio, Dallas/Ft. of the instant proceeding be consolidated Worth, Tex., Denver, Colo., Detroit, [SEAL] EDWIN Z. HOLLAND, Hartford, Conn., Houston, Mich., with the herein instituted transatlantic Tex., Kansas City, Secretary. Mo., Las Vegas, Nev., Los Angeles, Calif., APP case The East Coast Points case was Miami, Fla., Minneapolls/St. Paul, Minn., New =Dix A LIST OF TEMPORARY POINTS instituted in 1967" to consider the au- Orleans, La., New York, N.Y., Philadelphia, PAA thorization of transatlantic Pa., Phoenix, Ariz., Pittsburgh, Pa., Portland, service from Oreg., St. Louis, Mo., San Diego, Calif., San new East Coast gateways to relieve con-- Francisco, Calif., San Juan, P.R., Seattle, 1. Route 133 Wash., Tampa, Fla., and Washington, D.C.; Casablanca, Morocco Madrid I While Hartford is not one of the top 25 (c) 2. Route 132 cities, Whether the public convenience it ranks 29th in RPM'S generated and, and necessity Austria In addition, the city's require the grant of stop- Leningrad, USSR proximity to the At- Afghanistan Lisbon lantic makes its choice for consideration as over privileges at the domestic cotermi- nal points in issue; Azores Lithuania a U.S. coterminal desirable. Barcelona 2See Transpacific (d) Whether the Madrld Route Investigation, public convenience Belgium Order E-23740, May 25, and necessity Moscow 1966. require the renewal of the Bulgaria Netherlands 1 See Orders 71-10-126, n. 4, and 72-6-139, certificates of public convenience and Czechoslovakia Nice p. 3. necessity; Denmark i "Implementation of the National Envi- held by Capitol International Norway Estonia ronmental Policy Airways, Inc., Overseas National Air- Pakistan Act of 1969." Finland "1We will, however, consider Paris requests for ways, Inc., Saturn Airways, Inc., Trans Germany "stopover privileges" because, Poland as an evidenti- International Airlines, Inc., Hungary ary matter, they will not unduly expand this Universal Rumania proceeding. Airlines, Inc., and World Airways, Inc., Iceland Romo India e are dismissing these applications in authorizig transatlantic supplemental San Juan order to give the applicants an opportunity Iran Sweden air transportation; Iraq to reappraise the authority they seek in light Syria of the scope of the proceeding herein (e) Whether the public convenience Ireland-except Turkey instituted. and necessity require the certification of Dublin UX (Northern "1Order E-26991, November 17, 1967. Latvia Ireland) transatlantic supplemental cargo au- Lebanon Yugoslavia

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26959

Connecticut [Docketa Nos. 2553 and 25603] Department of Environmental RONSON CORPORATION AND Route 147 Protection RONSON HELICOPTERS, INC. 539 State Offco Bldg. Algeria Italy (except Rome Hartford, Conn. 06115 Notice of Hearing Regarding Acquisition of Azores which is District of Columbia Control by Uquigas, S.p-. etal. permanent) Bangkok Department of Environmental Notice Is hereby given, pursuant to Bu1rma - Jordan Services Caltutta muwait 1875 Connecticut Ave.. NW. the provisions of the Federal Aviation Canton Libya Washington, D.C. 20009 Act of 1958, as amended, that a hearing Ceylon London Florida In the above-entitled proceeding is as- Egypt Mandalay Department of Natural Resources signed to be held on December 17, 1973, Prance (except Mar- Manla Larson Building at 10:00 am. local time) in Room 726, seilles; Nice or Oman Gaines St. at Monroe Universal Building, 1825 Connecticut Paris) Portugal Tallahassee, Fla. 32304 Frankfurt Saudi Arabia Avenue NW, Washington, D.C., before Georgia the undersigned. Greece Shanghai Natural Areas Council Hanoi Southern India 544 Agriculture Bldg. Dated at Wazhington, D.C., Septem- Hong Kong Spain (except 7 Hunter St. S.W. ber 21, 1973. India Barcelona) Atlanta, GO.30303 Iraq Switzerland Illinois [srA ] Jos= T,. FimusrcE, Israel Tunisia Environmental Protection Agency Administrative Law Judge. Yemen 535 W. Jefferson St. [PR Dcc.73-2CCZ5 Piled 9--2P-73;8:45 ami Springfield, Mo. 62704 Loufian Route 119 (Cargoonly) State Department of Conservation COMMITEE FOR THE IMPLEMEN- P.O. Box 44275 Newfoundland. Denmark Capital Station TATION OF TEXTILE AGREEMENTS Canada Norway Baton Rouge, La. 70804 CERTAIN COTTON TEXTILES AND COTTON Ireland (except Sweden Maryland TEXTILE PRODUCTS PRODUCED OR Dublin) Switzerland Department of Natural Rezource3 MANUFACTURED IN THE FEDERATIVE Belgium Italy State Office Bldg. REPUBLIC OF BRAZIL The Netherlands Annapolis, Md. 21401 Massachusetts Entry or Withdrawal From Warehouse for ArPrNlx B Department of Natural Resources Consumption Leverett Saltonstall Bldg. The following applications are dis- 100 Cambridge St Smsraraia 24, 1973. missed without prejudice: Boston, Mass. 02202 On October 23, 1970, the United States Airlift International-- Docket 21199. Michigan Government, In furtherance of the ob- Amherican Airlines.... Dockets 19418,21185, Department of Natural Relsources jectives of, and under the terms of the 24979. Mason Building Long-Term Arrangement Regarding In- Braniff Airways .... Dockets 19428,20292, Lansing, Micb. 4892G ternational Trade In Cotton Textiles done 24921. Minnesota at Geneva on February 9, 1962, con- Capitol International Docket21199. Pollution Control Agency Dallas/Fort Worth-~_ Dockets 21530,24910. 717 Delaware Street, S.E. cluded a comprehensive bilateral cotton Delta Air Lines...... Dockets 19409, 19417, Millnneapolls, Minn- 55440 textile agreement with the Government 24592. Missouri of the Federative Republic of Brazil con- Department of Trans- Department of Conwervation cerning exports of cotton textiles and ------Docket 21321. P.O. Box 180 portation 65101 cotton textile products from the Federa- Eastern Air Lines .... Docket 19405. Jefferson City, Mo. tive Republic of Brazil to the United The F2ying Tiger Line. Docket 20521. Nevada Environmental Protection Commlson States over a five-year period beginning Louisville Docket 21199. on October 1, 1970, and extending Memphis------Docket 21354. State Health Division Nashville...... Docket 21340. 201 S. Fun St. through September 30. 1975. On May 9, National Airlines.__-_ Dockets 19425, 19483, Carson C~ty, Nevada 89701 1972, the bilateral agreement was 24666, 24803. New York amended and extended through Septem- Northwest Airlines___ Docket 19415. Bureau of Environmental Protection ber 30, 1977. Among the provisions of the Overseas National Air- State of New York agreement, as amended, are those estab- Lines Docket 19435. 80 Center Street l shing an aggregate llmit for the 64 cate- Pan American ..... Dockets 19424,20815, New York, N.Y. 10013 24819, 24820. Ohio gorIes, group limits, and within the group Seaboard World Air- Department of Natural Resource3 limits specific limits on Categories 1-4,9, lines------Dockets 17814, 19430, 907 Ohio Departmenta Bidg. 18/19 and part of 26 (prlntcloth), 22/23, 20869. Columbus, Ohio 43215 part of 26/27 (duck), part of 26/27 (other Standard Airways ... Docket 19420. Oregon than printloth and duck), part of 30/31, Trans International Department of Environmental Quality 50, 51, 55, and part of 64 for the fourth Airlines --.-...... Docket 19370. 1234 S.W. Morrison Trans World Airlines- Dockets 14882, 19419. Portland, Oregon 97205 agreement year beginning October 1, United Air Lines ----- Docket 19410. Pennsylvania 1973. Western Airlines .... Docket 19414._. Department of Environmental nesources Accordingly, there is published below a World Airways ..... Docket 19403. Public Relations - Rm. 522, South Office Bldg. letter of September 24, 1973, from the APPENDIX C Harrisburg, Penna. 17120 Chafrman of the Committee for the Tin- Puerto RIco The following State agencies -concerned Department of Health plementation of Textile Agreements to with protecting the environment will be P.O. Box 9342 the Commissioner of Customs, directing served with a copy of this order: Santurce, P.R. 00908 that the amounts of cotton textiles and Texas California Air Control Board cotton textile products in Categories 1-4, The Resources Agency 8520 Shoal Creek Blvd. 9, 18/19 and part of 26 (prlntcloth), 1416 Ninth Street Austin, Texas 78758 22/23, part of 26/27 (duck), part of 26/27 95814 Sacramenth, Calif. Washington (other than printcloth and duck), part of - Colorado Department of Ecology Department of Natural Resources Box 829 30/31, 50, 51, 55, and partof 64, produced Olympia, Wash. 98504 1845 Sherman or manufactured In the Federative Re- Denver, Colo. 80203 [FB Doc.73-20657 Fled 9-25-73.8:45 am] public of Brazil, which may be entered or

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBEn 27, 1973 26960 NOTICES

withdrawn from warehouse for consump- In the above categories, produced or manu- cabins will primarily serve the boating pub- tion in the United States for the twelve- factured in the Federative Republic of Brazil, lic, providing shelter for both normal and month period beginning October 1, 1973, which have been exported to the United emergency boating conditions. Impact will States from the Federative Republic of Brazil include the clearing of one-sixteenth acre of and extending through September 30, prior to October 1, 1973, shall, to the extent ground for each cabin, and pollution from 1974, be limited to the designated levels. of any unfilled balances, be charged against cabin use (15 pages). (ELI Order No, 31525) The letter published below and the ac- the levels of restraint established for such (NTIS Order No. EIS 73 1625-D.) -goods during the period October 1, 1972 tions pursuant thereto are not designed Timber Sales, Sierra National Forest, Fres- through September 30, 1973. In the event no County, Calif., September 13: Proposed i to implement all of the provisions of the that the above levels of restraint for that the continued preparation of the Home bilateral agreement, as amended, but are period have been exhausted by previous en- Camp, Line Creek, Billy Creel:, and Bonr tries, such goods shall be subject to the designed to assist only in the implemen- Creek Tlmbir Sales, to be advertised and levels set forth in this letter. awarded to the highest bidder. The 8,115 acre tation of certain of its provisions. The levels of restraint set forth above are Study Area is located within the 23,020 acro subject to adjustment pursuant to the pro. SETH M. BODNER, Kaiser Inventoried roadless area of the Sierra visions of the bilateral agreement of Octo- National Forest. There will be soil erosion, Chairman, Committee for the ber 23, 1970, as amended, betweeen the water sedimentation, noise and air pollution Implementation of Textile Governments of the United States and the from logging activities. There Is potential Agreements, and Deputy As- Federative Republic of Brazil which provide, for stimulation of development of private sistant Secretary for Re- in part, that within the aggregate limit and property in Line Creek Basin (90 pages), sources and Trade Assistance. group limits, the limitations on specific (ELR Order No. 31499) (NTIS Order No. LIS categories may be exceeded by not more than 73 1499-D.) CommrrEE FOR THE IMPLEMENTATION OF 5 percent; for the limited carryover of TExTILE AGREEMENTS shortfalls In certain categories to the peit Final CommrSsioNER or CuSTOMS, agreement year; and for administrative ar- Vegetation Control, s~veral counties In Department of the Treasury, rangements. Any appropriate adjustments New Mlexico, September 12: Proposed is the Washington, D.C. 20229. pursuant to the provisions of the bilateral use of mechanical equipment and fire to con- agreement referred to above, will be made to trol spreading Pinyon-Junipgr and Sapobrttsh SEPTEMBER 24, 1973. you by further letter. on lands of Apache, Gila, and Santa Fo Na- DEAR AIR.Co0srcSsioER: Under the terms A detailed descript'ion of the categories in tional Forests, In Centron, Grant, Sandoval, of the Long-Term Arrangement Regarding terms of T.S.U.S.A. numbers was published Rio Arrlba, and San MLiguel Counties. There International Trade in Cotton Textiles done In the FEDERAL REGISTER on April 29, 1972 (37 will be temporary adverse impact to air, soil, at Geneva on February 9, 1962, pursuant to FR 8802)1 as amended on February 14, 1973 water and aesthetic qualities, and to wildlife, the bilateral cotton textile agreement of (38 FR 4436). (140 pages). Comments made by: EPA, DOI, October 23, 1970, as amended, between the In carrying out the above directions, entry state and local agencies, and concerned citi- Governments of the United States and the into the United States for consumption shall zens. (ELR, Order No. 31495) (NTIS Order Federative Republic of Brazil, and in accord- be construed to include entry for consump- No. EIS 73 1495-F.) ance with the procedures of Executive Order tion into the Commonwealth of Puerto Rico. SOIL CONSERVATION SESVIC 11651 ofMarch 3, 1972, you are directed to The actions taken with Final prohibit, effective October 1, 1973, and for the respect to the Government twelve-month period extending through Sep- of the Federative Republic of Big Running Water Ditch Watershed, Law- Brazil and with respect to imports tember 30, 1974, entry into the United States of cot- rence and Randolph Counties, Ark., Septem- ton textiles and for consumption and withdrawal from ware- cotton textile products from ber 14: The proposed project Involves protec- the Federative Republic of Brazil have been house for consumption of cotton textiles and tion of the 43,952 acre watershed. Project determined by the Committee for the Imple- cotton textile products in measures include land treatment and 82 miles Categories 1-4, 9, mentation of Textile Agreements to involve 18/19 and part of 26 (printcloth), 22/23, part of channel improvement. Five hundred acres of 26/27 (duck), part of 26/27 (other than foreign affairs functions of the United States. of woodland will be committed to the action, printcloth and duck), part of 30/31, 50, 51,55, Therefore, the directions to the Commissioner with adverse effects to local wildlife popula- and part of 64, produced or manufactured of Customs, being necessary to the implemen- tions (77 pages). Comments made by: USA, tation of such actions, fall within the foreign in the Federative Republic of Brazil, In ex- HEW, DOI, EPA, and state agencies. (ELR cess of the following levels of restraint: affairs exception to the rule-making provi- Order No. 31501) (NTIS Order No. EIS 73 sions of 5 U.S.C, 553. This letter will be pub- 1501-F.) 12-month lished in the FEDERAL REGISTER. levels of DEPARTMENT OF DEMNSV Sincerely, Category: restraint ARMY coRs SETH M. BODNER, 1-4 ------pounds-- 7,549,728 Chairman, Committee for the Im- Contact: Mr. Francis X. Kelly, Director, 9 ------square yards-. 13, 891,200 plementation of Textile Agree- Office of Public Affairs, Attn: DAEN-PAP, 18/19 and part of 26 ments, and Deputy Assistant Office of the Chief of Engineers, U.S. Army 18/19 and part of 26 do.... 12,154, 800 Secretary for Resources and Trade Corps of Engineers, 1000 Independence Ave- (prlntcloth) , Assistance. nue SW., Washington, D.C. 20314, 202-6093- 22/23 ------do.... 5, 209, 200 7168. Part of 26/27 (duck) __do ---- 2,894,000 [FR Doc.73-20685 Filed 9-26-73;8:45 am] Draft Part of 26/27 (other do.... , 524, 562 than print cloth Cave Run Lake, Licking River Basin, sov- and duck)'.' COUNCIL ON ENVIRONMENTAL eral counties in Kentucky, September 19: Part of 30/31 ------pieces. 6, 652, 874 QUALITY The statement refers to the proposed con- 50 ------.. ,- dozen-- 45,531 struction of the Cave Run Dam and related ENVIRONMENTAL 51 ------do ---- 39, 027, IMPACT STATEMENTS project works on the Licking River, for pur- 55 ------do ---- 15,889 Notice of Public Availability poses of flood control, general recreation, Part qf 64 (only pounds. 251,652 water quality, and fish and wildlife recrea- T.S.U.S.A. Nos.: Environmental impact statements received tion. Thirty-one thousand acres, 14,870 of by the Council on Environmental 366.6500 and Quality which will be inundated, will be converted 386.2500). from September 17 through September 21, to public ownership as a result of the proj- 1973. ect. Fifty miles of free flowing stream with IIn Category 26, the T.S.U.S.A. numbers for DEPARTmENT OF AGEXCULTURE 21 miles of tributaries will be converted to printeloth are: slack water impoundment. An Influx of visi- The T.S.U.S.A. Nos. for duck are: Contact: Dr. Fred H.'TschrIey, Acting Co- ordinator, Environmental Quality Activities, tors will affect the tranquility which pres- 320._.01 through 04, 06, 08 ently prevails. (Louisville District) (33 321.__01 through 04, 06, 08 Offic6 of the Secretary, U.S. Department of Agriculture, Room 331-B, Administration pages). (ELM Order No. 31526) (NTIS Order 322.__01 through 04, 06, 08 No. EIS 73 1526-D.) 326.__01 through 04, 06, 08 Building, Washington, D.C. 20250, 202-447- 3965. Flood Protection, Pottstown (2), Pa., 327.--01 through 04, 06, 08 September 18: The statement, a revised draft, 328.__01 through 04, 06, 08 FOREST SERVICE Draft refers to a flood control project which In- 'All of Categories 30 and 31 except volves two miles of channel wof: on the T.S.U.S.A. No. 366.2740. Recreation Cabins, Ketchikan Area, Ton- Schuylkill River, and the removal of a con- 320._34 322.__34 - 327..-_34 gass N.F., Alaska, September 19: Proposed Is striction in Manatawny Creel,. River bottom 321..34 326.__34 328..-34 the construction and operation of seven rec- ecology will be disrupted by channel modifl- reation cabins on salt water access in road- cation (Philadelphia District) (72 pages). In carrying out this directive, entries of less areas of the Ketchikan Area, Revillagi- (ELR Order No. 31515) (NTIS Order No. EIS cotton textiles and cotton textile products gedo Island, Tongass National Forest. The 73 1515-D.)

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26961

Galveston Harbor and Channel, Tex., odor and noise from the new project. (ELR bridge for southbound traicoand retains the September 14: Proposed Is the deepening of Order No. 31505) (NTIS Order No. EIS 73 existing bridge for northbound traffic. Ap- Galveston Channel from its previous au- 1505-D.) proximately 32 acres of land are required for rIght-of-way will be displaced (47 pages). thorized depth of 36 feet to Its new author- FMERmAL PoWvn CouSiocs _ized depth of 40 feet. Spoil will be deposited Comments made by: USDA, DOI, EPA, HEW. in leveed areas on Pelican and Galveston Is- Contact: Dr. Richard P. Hill, Acting Ad- HUD. state, regional, and local agencies. (ELM lands. Dredging activities will have adverse visor on Environmental Quality, 441 G Street Order No. 31517) (NTIS Order No. EIS 73 impact to marine biota. (Galveston District) NW., Washington, D.C. 25420, 202-380-6084. 2517-P.) (21 pages). (ELR Order No. 31503) (NTIS Draft State Route 86; Riverside County, Calif.. Order No. EIS 73 1503-D.) Parr Hydroelectric Project No. 1894, Fair- September 11: Propozed Is the construction field and Newberry Countles, S.C., September of 22 miles of four lane freeway between the Finial 14: The proposed action Is the approval of an Imperial County line and near Indlo to re- Bushley Bayou Flood Control Project, Lou- application by the South Carolina Electric place portions of extting 2 lane conventional isiana, September 20: The statement consid- and Gas Co. for a new major license for Its State Routes 86 and 121. The project will ers the advisability of providing backwater constructed Project No. 1894. Additionally, traverse the Southern Coachella Valley. flood protection to the Bushley Bayou drea by the applicant Is seeking authorization for Twenty-four families will be displaced. means of a loop levee, gravity floodgate, in- the construction of a new pumped storage Adver-e effects to air basin and local air ternal drainage canal and a 1,500 cubic-foot- project. The upper pool would then be used quality: chanGes In the ambient no se levels; per-second pumping station. Three thousand for cooling the Virgil C. Summer Nuclear Sta- and potential water pollution and erosion acres of suitable wildlife lands and water tion's two 900 MW units, and posslbly a wll occur (C3 pages). Comments made by: supply and control facilities will be acquired third 900 MW unit. Adverse Impact of the COE. EPA. HEW. DOI. DOT, state, and local to mitigate project induced fish and wildlife new project would Include the Inundation agencies. (Era Order No. 31494) (NTIS Order losses. Adverse effects of the action are loss of 9,350 acres, with the elimination of farm No. EIS 73 1494-P.) of 5,900 acres of bottomland hardwood for- land, timber crops, and wildlife habitat, and Mount Carmel Connecter, Connecticut. ests, loss of fish and wildlife habitat and pos- the displacement of 25 homeo. (ELR Order September 18: The statement considers the sible damage to Indian mounds of archeologi- No. 31500) (NTIS Order No. HIS 73 1560-D). proposed eonstruction of a 1.8 mile section of cal value (Vicksburg District). Comments DrPsrnThrr ' TumansonTAvbon now highway (relocation of Route 10) from made by: USDA, EPA, DOI, DOT, HEW, and Whitney Avenue to State Street and Dixwell state agencies. (ELR Order No. 31528) (NTIS Contact: Mr. Martin ConvL=er, Director, Avenue. A strip of land approximately 350 Order No. EIS 73 1528-P.) Office of Environmental Quality, 400 7th feet wide will be required for right-of-way; a South Fork Zumbro River, Olmstead Street SW.. Washlngton, D.C. 20590, 202-42G- bridge will be constructed across the Mill County, MIlnn, September 19: The statement 4357. River. Seven busine-_se will be displaced. refers to the proposed modification of 10 F=oa , Hxo-wAy A ms-A rI:o A4(f statement will be filed as a historic site miles of channel on the Zumbro, Bear Creek, would be nffec-td (16 p1 esl. Comments and Cascade Creek, along with supplementary Draft made b7: USDA. DOC, HEW, BUD. nO, OEO, levee and pump station construction. The Doolittle Drive (Route 61), Alameda state. and rezlonal agencies. (7IRt Order No. purpose of the action is that of flood con- County, Calif., September 17: The proposed 31514) (NTIS Order No. EIS 73 1514-F.) trol There will be a disruption of greenbelt project consists of widening a mile long por- F.A.P. 406, Lcan and Tazewell Countie. corridors and a loss of natural riparian habi- tion of Route 61, Doolittlo Drive, from two II. September 19: The pronosad freeway Is tat. The area provides an overwintering habi- lanes to four lanes with parting. Increases in a four-lane, fully access controlled facility tat for Canada geese and giant Canada geese the peak noise level will occur (GO pagcs). extending from north of Lincoln to Morton. which is of national importance; it would be (ELU Order No. 31500) (NTIS Order No. EIS Aunroximately 890 acres of a frIcultural lwr; adversely affected. Two residences and eight 73 1506-D.) will be committed to the project, severn' businesses would be displaced (St. Paul Dis- U.S. 40, nOutt County, Colo., September 17: residences will be displaced and some local trict) (87 pages)- Comments made by: USDA, The proposed project is the re-construction land acce-, patterns revired. Air, noise and state agencies, and pollution will Increase (155 pagesL. DOT, HEW, DOI, EPA, of a 10-mile segment of U.S. 40. The project vnter . concerned citizens. (HIR Order No. 31524) will require an unspecified amount of land Comments made by: USDA, COE, DOI, DO" (NTIS Order No. EIS 73 1524-P.) and will displace 2 or 3 familles. A section EPA. HUD, state, and private agencies. (EI Order No. 315191 (N'T S Order No. HIS 73 NAVY 4(f) review will be filled to obtain one acre 1519-P.) of land from Soda Spring. The facility will Contact: Ar. Joseph A. Grimes, Jr., Spe- traverse a river causing an increase In Gilta- US Highway 30. Hall County, Nebr, Sen- cial Civilian Assistant to the Secretary of tion, and erosion. Increases in air pollution tember 19: The statement refers to the pro- the Navy, Washington, D.C. 20350, 202-697- will occur (168 pages). (ELR Order No. 31E07) poced Improvement and/or relocation of a 0892. (NTIS Order No. EIS 73 1607-D.) segment of existing US 30 and the extension Draft US 54 and K-96, Butler County, Kan., of First Street In Grand Island. The purpose September 19: The project involves the im- of the project I- to provide a highway fa- Or- Navy Family Housing Construction, provement of 13 miles of US-54 and H-20; to cility which will extend the present one-way ange County, Fla., September 14: Proposed meet freeway standards. The facility will be system and merge the trilc on the one-way is the construction of 600 family housing a 4-lane highway with controlled aces. De- system through the Central Buiness District and de- units to accommodate servicemen pending upon the alternate cho:en, the proj- of Grand Island bac% into the two-direc- pendents from the Naval Training Center ect will require from 338 to 622 acres of land tional traffic on US 30. Adverse effects in- near Orlando. The project site is on the east- for right-of-way and displace 0 to 42 homes, lude acquisition of right-of-way and reloca- ern portion of McCoy Air Force Base. Approx- 0 to 5 farms, 0 to 10 busine=. and 1 non- tion Impacts on wildlife (37 pages). Com- Imately 120 acres of unimproved, non-pro- profit organization. Four to 14 land sever- ments made by: USDA, COE, DOI, DOT, EPA, ductive land will be converted into a resi- ances will occur. Adverse Impacts are: loss of HUD, and state agencies. (=I.. Order No. community (31 pages). (ELR, Order dential agricultural land, loss of wildlife, alterations 31518) (NTIS Order No. EIS 73 1518-P.) No. 31502) (NTIS Order No. EIS 73 or destruction of terraces, waterwy.a and Foremt Highway Route 12. Sandoval. Los 1507-D.) ponds resulting In erosion, and water pollu- Alamo, and Santa Fe Counties, Santa Fe. ENVmoNmT .ALPs OrorTON AuErcy tion. Increases In noise pollution levels will New Mexico, September 18: The project i occur (92 pages). (ELR Order 31522) (NTIS the propoped reconstruction of 25 miles of Contact: Mr. Sheldon Meyers, Director, Of- Order No. EIS 73 1522-D.) Foreot Highway Route 12 (State Route 12) fice of Federal Activities, Room 3630, Water- from Fenton Lake to the abandoned com- side Mall, Washington, D.C. 20460, 202-755- Final munity of Senorita, within the Santa Fe 0940. Perry Hill Road, Montgomery County, Ala, National Forest. (The draft statement filed Draft September 11: The project consists of Im- by the Forest Service November 23, 1971, proving a present 2-lane faCility to a 4-lane PB-204 377-D for a 15 mile segment of this Village Creek Fwility, Fort Worth, Tex., facility. Length Is 2.26 miles. An unspecified route has been incorporated In this state- September 17: The statement refers to the amount of land will be taken for rlght-of-nay ment.) Adverc effects include stream pollu- proposed construction of additional waste- (36 pages). Comments made by: USDA, COE, tion during construction and the crossing water treatment facilities at the Village DOC, DOI, EPA, HUD, HEW, and state of a major elk migratory route (118 pages). Creek Wastewater Treatment Facility, Fort agencies. (ELR Order No. 31484) (NTIS Order Comments made by: USDA. DOT, HUD, FPO, Worth. Work includes the 51 MGD expansion No. EIS 73 1484-i.) HEV, DOC, AEC, DOI, state agencies, and existing 45 MGD facility. The proposed of the Coosa River Bridge, Etowah County, Ala., Concerned citizens. (EMR Order No. 31510) project is expected to increase water quality September 19: The statement considers the (IS OrderNo. EIS 73 1510-P.) of the Trinity River and aid in the orderly proposed construction of a bridge acros the SR, 1215 and SR, 1201, Cartaret County. development of member communities. There Coosa River between Southalde and Rainbow N.C, September 19: The project consists of will be construction disruption, and Increased City. The project provides an additional improving the existing secondary road of

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26962 NOTICES

Bogue Banks which connects Atlantic Beach from the Jackson Mlarsh Wildlife Area. questing the and the New Bouge Sound addition of various Issues Bridge. The fa- Cedar Creek will be traversed by the facility, against BBI.1 cility is initially a two-lane road which will causing erosion and siltation. Increases In be expanded to a five lane facility. Project air pollution levels will occur (42 pages). 2. Wrye requests, first, that Issues length Is 17.3 miles. The project will displace Comments made by: EPA, DOI, DOT, and should be added against BBI for lack of 20 families and commit 53 acres of prop- state agencies- (ELI Order No. 31513) (NTIS candor and "to show cause why Its appli- erty to the facility. Soil erosion and increases Order No. EIS 73 1513-P.) cation should not be rejected because of in noise levels exceeding FHWA standards 13RBAN MASS TRANSPORTATION ADMINISTRATION faulty engineering" because, petitioner will occur (82 pages). Comments made by: alleges, its owner and general manager, USDA, COE, GSA, HEW, BUD, state, and Draft regional Howard Waterhouse, falsely stated 2 that agencies. (ELR Order No. 31520) Archer Avenue Line, Queens, N.Y., Sep- (NTIS there were no other radio stations or Order No. EIS 73 1520-F.) tember 19: The New York City Transit Au- 1-95 Fayetteville Bypass, transmitter antenna sites in the vicinity Cumberland thority has filed an application for Federal County, N.C., September 19: The document, capital grant assistance to construct a rapid of its proposed tower locations. In fact, a revised draft, refers to the proposed con- rail transit extension 2.5 miles in length on Wrye alleges, there are "approximately struction of a 17 mile segment of 1-95 to the Archer Avenue Line. The whole structure seven" other towers within 300 feet of bypass the City of Fayetteville. Approxi- will be underground except for 0.2 mile. Dis- BBI's proposed site, which raises the pos- mately 1600 acres of rural land which is placements include 12 families and 11 busi- suitable for wildlife habitat will sibility of interference with other serv- be com- nesses (200 employees). Increases in noise mitted to the project. Thirty-five residences ices and degradation of BBI's own signal, will occur (110 pages). (ELR Order No. will 31523) Wrye alleges that BBI used six-year old be displaced. IMinor stream siltation and (NTIS Order No. EIS 73 1523-D.) construction disruption engineering will occur. (The Philadelphia Airport High Speed Rail Line, data in Its application, and original statement, ELR Order No. 1603; Pennsylvania, September 14: The action 'that "a simple thirty minute drive" NTIS Order No. PB-205 583-D, was filed Jan- in- volves the filing of an application for Federal would have disclosed the existence of uary 12, 1972.) (300 pages.) Comments made capital grant assistance to construct a rapid these other towers. Wrye also requests by: USDA, COE, DOC, DOI, EPA, FPC, GSA, rail system between Suburban Station Penn HEW, HUD, OEO, AHP, and state, and local that a Rule 1.65 Issue and a second Center, Philadelphia and the passenger ter- agencies. (ELR Order No. 31527) candor issue be added since Waterhouso (NTIS minal at the Philadelphia International Air- Order No. EIS 73 1527-F.) stated in the application that BBI Is ap- port. The line will be 9 miles long. Aerial plying for an Fm permit largely LI? 1022 (Traffic Route 219), Cambria portion of the line will have severe visual because County, Pa,, September 18: Proposed is the and acoustical Impact on the Tinicum Wild- it has not been allowed to raise the power relocation of approximately 15 miles of four- life Preserve. One scrap metal establish- of standard broadcast Station XSUN, li- lane Traffic Route 219. Approximately 160 ment will be displaced, and portions of a censed to BBI, to 1,000 watts According acres of farmland and 240 acres of woodland playground and P.E. Company will be ac- to Wrye, KSUN Is in fact broadcasting at will be acquired for right-of-way. Eighteen quired. Adverse Impacts will occur to fish and 1,000 watts during the day. Wrye asks ac- residences, 2 businesses, one apartment wildlife habitat in the Tinicum Wildlife building, and ceptance of Its petition despite Its un- six barns will be displaced; 61 Reserve (88 pages). (ELR Order No. 31504) timeliness, arguing that prompt mobile homes will be affected (90 pages). (NTIS Order No. EIS 73 1504-D.) filing Comments made by: USDA; EPA, DOI, and The following statement was inadvertently was impossible because of business com- state agencies. (ELR Order No. 31509) (NTIS deleted from its appropriate Federal Register mitments and because the Commission Order No. EIS 73 1509-F.) Listing. It was received by the Council on failed, despite repeated requests, to send Legislative Route 16034, Clarion County, August 10, 1973. pertinent correspondence to Wrye's Pa., September 18: Proposed is the construc- Tijeras Canyon Projects (1-40), Bernalillo proper address. tion of 2.7 miles of new four-lane roadway County, N. lex., August 10: Four projects to 3. In opposition, BBI argues that parallel to existing L.I. 16043 and L.R. 409. complete the remaining link of 1-40 through Wrye has not shown good cause for the The project also includes reconstruction of Tijeras Canyon are encompassed in this 0.96 mile of U.S. Route 322 (Ln. Route 65) statement. Total project length is 11.8 miles; untimeliness of its petition: has failed and the construction of an interchange with 460 acres are required for new right-of-way. to provide a supporting afidavit and to Route 322. The 50 acres of land required for Twenty acres of Section 4(f) land will be make a showing of competence with re- right-of-way has already been purchased (78 taken from Clbola National Forest. Eighty- spect to engineering matters, as required pages). Comments made by: USDA, EPA, eight families and 11 businesses will be dis- by § 1.229(c) of the Commission's rules; DOI, DOT, and state agencies. (EIR Order placed. The water quality in the Canyon may and has failed to serve the petition by No. 31512) (NTIS Order No. EIS 73 1512-F.) be degraded (123 pages). Comments made air mail as required by § 1.47(f) of the U.S. Highway 87, Hale and Lubbock Coun- by: USDA, COE, DOI, DOT, EPA, HUD, state, Rules. and local agencies. (ELR Order No. 31321) In a supplement to its petition, ties, Tex., September 11: The proposed proj- Wyre submits an affidavit of William ect is the improvement of U.S. Highway 87 (NTIS Order No. EIS 73 1321-F.) F. to interstate standards. The project Is 25 Wrye, its owner and general manager, TI=moTH ATINSON, verifying the petition and miles in length. The facility will displace 10 General Counsel. stating that families and 1 business, and require an un- he visited the BBI proposed site on two specified amount of right-of-way. Utility ad- [FR Doc.73-20650 Piled 9-26-73;8:45 am] occasions and observed the towers men- justments will be required for 18 miles of tioned in the petition. power lines, 3 miles of telephone lines, 11 FEDERAL COMMUNICATIONS 4. In opposition, the Broadcast Bu- miles of underground telephone cable, 3 miles reau declares that Wrye's petition, of natural gas line, 155 feet of high pressure COMMISSION de- spite its procedural deficiencies, oil lines and 675 feet of water lines. Increases [Docket Nos. 19754-19755; FCC 73R,-331] raises a in noise pollution will occur (35 pages). serious question as to whether BBI Comments made by: USDA, COE, DOI, EPA, BISBEE BROADCASTERS, INC. AND falsely answered questions on Its appli- HEW, state, and regional agencies. (ELR WRYE ASSOCIATES Order No. 31486) (NTIS Order No. EIS 73 cation form regarding the presence of 1486-F.) Memorandum Opinion and Order Enlarging Issues 'Also before the Board are the followilng West Virginia Route 56, Jackson County, related pleadings: (a) Oppositon, filed July IV. Va., September 19: The proposed project In regard to applications of Bisbee 18, 1973, by BBI; (b) supplement to petition, consists of the construction of approximately Broadcasters, Inc., Bisbee, Arizona, filed July 19, 1973, by Wryo; (c) opposition, 2.7 miles of four-lane expressway connect- Docket No. 19754, File No. BPH-7873; iled July 23, 1973, by the Broadcast Bureau: ing WVA Route 2 and 1-77. The number of William F. Wrye & Rose D. Wrye, d/b (d) reply to BBI's opposition, filed July 21, displdcements and the amount of right-of- 1973, by Wrye; (e) letter, filed August 7, 1973, way required will depend upon the route as Wrye Associates, Bisbee, Arizona, Docket No. 19755, by BBI; (f) comments on letter of August 7, selected. Temporary construction-related File No. BPH-7944; for 1973, filed August 16, 1973, by the Broadcast effects to the environment will occur (95 construction permits. Bureau; and (g) reply to comments, filed pages). Comments made by FPC,, GSA, 1. This proceeding involves the mu- August 23, 1973, by BBI. -OEO, EPA, USDA, DOI, COE, HEW, and AHP. 2 tually exclusive applications of Bisbee Wrye cites BBI's application, Form 301, (ELR Order No. 31521) (NTIS Order No. EIS Broadcasters, Section V-B paragraphs 10 and 10(a), and 73 1521-F.) Inc. (BBD and Wryie Asso- ciates (Wrye) for authorization to con- Section V-G, paragraph 6. F.A.S. Route 145, Washington County, Vrye cites nothing speciflo struct a new FM broadcast station in BBI's ap- Wis., September 18: The project consists of to -plication. References to KSUN's operating the reconstruction of 3.1 miles of F.A.S. operate' on 92.1 n Bisbee, Arizona, power appear therein at: Form 301, Section Route 145, C.T.H. "G". Twenty-three acres and published at 38 FR 15380. Now before IL p. 5; Exhibit 1A, p. 1; Exhibit 10, p. 1: of land will be acquired for right-of-way, the Review Board Is a petition to-enlarge Exhibit E-l, pp. 1-2; amendment of SOp- a 4(F) review will be filed to obtain 6 acres issues, filed July 12, 1973, by Wrye, re- tember 5, 1972, pp. 10, 12.

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEABER 27, 1973 NOTICES 26963 other towers or antennae in the vicinity been corrected or are de minimis. BBrs PANEL CHAIRMEN AND STEERING COM- of its proposed tower site, which, absent letter of August 7 is subject to more MITTEE OF THE CABLE TELEVISION a satisfactory explanation, would war- serious objections. The Board has made TECHNICAL ADVISORY COMMITTEE rant exploration at hearing. However, plain Its intention not to accept supple- Notice of Meeting the Bureau urges the Board not to add mental pleadings unless clearly justified. an engineering issue to determine the In re Filing of Supplemental Pleadings S4-TE=ER 19,1973. effects of the towers' Droximity, since, Before the Review Board, 40 FCC 2d 1026 The Panel Chairmen and the Steering in its view, Wrye's allegations lack spec- (1973). Therefore, we will not consider Committee of the Cable Television Tech- ificity and are unsupported by a show'- BBI's letter in deciding the questions nical Advisory Committee will hold an ing of engineering competence. The Bu- before us. However, since the amend- open meeting on Wednesday, October 3, reau also opposes the addition of issues ment to BBI's application has been ac- relating to KSUN's operating power; It cepted by the Administrative Law Judge 1973, at 10 a.m. The meeting will be held argues that BB7 did not misrepresent without objection from Wrye, it would at the FCC Annex, 1229 20th Street, the facts in this regard since "any refer- serve no purpose to exclude the material Washington, D.C., in Room All0. The ence to 250 watts in the FM application contained therein, and in BBI's petition agenda of the meeting will Include: apparently refers to the nighttime power for leave to amend, from our delibera- (1) Report by E ecutive Committee. of the AM station." tion. In the amendment, BBI concedes (2) Report of NeW Executive Secretary. 5. Replying to BBI, Wrye asserts that the presence of eleven other towers (in- (3) RevIew of Solcitation Progress. the competence of William Wrye in en- cluding public safety, and utility opera- gineering matters is set forth in Exhibit (4) Report byPanel Chairmen. tions) in the vicinity of its antenna site. (5)Coordination of Reporting Procedures. E-1 of Wrye's application, and requests We will therefore add an issue to deter-. official notice of these qualifications, in- mine the adverse effects, if any, which (6) Setting of Meeting Dates. cluding his "experience... as Chief may result from the proximity of appli- FEDERAL CONruCA=ONS Radio Measurements Engineer for the cant's proposed tower and antenna sys- COmmsszorr, U.S. Air Force Atlantic Missile Range." tem to other towers and antenna sys- VmcEr J. M uL.INs, With respect to § 1.47, Wrye contends tems. We will not, however, add a lack Acting Secretary. that service of its initial petition was of candor issue. While the information [FR Doc.73-20643 Piled 9-26-73;8:45 am] effected by air mail, but inadvertently before us clearly indicates poor judg- not noted, and amends its certificate of ment and carelessness on Waterhouse's service to reflect this. part- in submitting information con- CANADA-U.SJL TV AGREEMENT OF 6. In a letter dated August 7, 1973, tained in a previous application without 1952 BBI calls the Board's attention to an ascertaining Its current accuracy, It does Amendment of Table A amendment to its application, tendered not demonstrate any intention or motive August 6, 1973, along with a petition for to conceal the existence of the towers SEPmTIE= 20,1973. leave to amend. This amendment, ac- from the Commission. Cf. Media, Inc., Amendment of table A of the Canada- cording to BBI, contains the "required 27 FCC 2d 228, 20 RR 2d 1153 (1971). U.S.A. TV Agreement of 1952 (T.AS- information" and explains that its ab- We also decline to add issues relating 2594). Supplement No. 3 (to the table of sence from the subject FM application to KSUN's operating power. Although Canadian Television channel allocations Waterhouse's was the inadvertent result of copying statements In this regard within 250 miles of the Canada-U.S.A. information from an application sub- are confusing, he does seem to have been mitted by a previous owner of BBL Com- particularly concerned with KSUN's border, dated March 21, 1973, as revised menting upon this, the Broadcast Bu- nighttime power, which was and still is to January 20,1973). reau points out that BBI apparently 250 watts. There is no indication that he Pursuant to exchange of correspond- submitted the engineering information intended to misrepresent either the au- ence between the Department of Com- from the old application subsequent to thorized power of the AM station or his munications of Canada and the Federal the time of the motives for wishing to acquire erection of the other an FM Communications Commission, Table towers. Although it has no objection to construction permit, or that he failed to A of the correction of BBI's application in this report significant information as re- the Canadian-U.S.A. Television Agree- regard, the Bureau states that "numer- qulred by § 1.65. ment has been amended as follows: ous problems" are raised by BBI's letter. 8. Accordingly, it is ordered, That the Specifically, the Bureau petition to enlarge issues, filed c han.l No. notes that BBrs July 12, City end Provinwo explanation is actually contained in the 1973, by Wrye Associates, is granted to Delrie Add petition for leave to amend, not in the the extent indicated below, and is denied amendment, and that the explanation is in all other respects; and I" r~,LJ...... Mriba 2 2 not supported by affidavit. Finally, the 9. It is further ordered, That the is- Bureau notes that the Commission has sues in this proceeding are enlarged to indicated its disapproval include 1 Brandr dte to to I-cstCd 110kZ3 than 170 mflm of the use of the following issue: fI.m co-chanss all:ca at Gr d Fcrkc, N. Dak- letters rather than pleadings in disputed To determine, with respect to the applica- 2 Brandorite to to kcaesd no iaes than 170 mrfl. matters. In reply to the above, BBI apol- tion of Bisbee Broadcasters, Inc., whether from cc-channcl =!z-nrm.nt at Grand Fcaks, N. Dash. the with rita cx~dnatv-s3 C61 24" N., fi CY 35"1 W_ and ogizes for its use of the letter form and proximity of appllcant'Vs propored tower limie to 00 kilonatts maximum ERP and 120ccfeet states that it did not submit an affidavit and antenna system to other towers and EHAAT, or tt. c uivin t, in tha general direction with its amendment or "explanation" antenna systems will result In adverco ef- dl Grand eak., N. flak. fects either affecting applicant's qualliica- because it was referring to information Further amendments to Table A will already tions or warranting the imposition of a con- on file with the Commission. dition on any grant to Blsbee Broadcasters, be Issued as public notices in the form of That is, BBI contends, ifs application Inc. apprised the Commission that its en- numbered supplements or recapitulated gineering derived from a previous 10. It is further ordered, That the bur- lists. application. den of proceeding with the introduction Copies of the basic Table of Allocations of evidence and 7. The Review Board is of the opinion the burden of proof may be obtained from Information that the procedural infirmities in Wrye's under the Issue specifed shall be upon Bisbee Broadcasters, Inc. Planning Associates, Inc., 310 Maple petition are not dispositive. Although Drive, Rockville, Maryland 20850 (tele- Adopted: September 17,1973. good cause has not been shown for the phone 340-0250, area code 301). lateness of the petition, certain questions Released: September 19,1973. raised therein are serious enough to war- FEDERAL COMM=uiCAINoSs rant a decision on the merits. See The FEDERAL COMMzNICuA7ONS Co%.mxssrON, CoMMIsSIoN, Edgefleld-Saluda Radio Co. (WJES), 5 [sAL] VINCmrT J. MULInss, WALLACE E. JoHNsON, FCC 2d 143, 8 RR 2d 611 (1966). Wrye's Acting Secretary. Chief, Broadcast Bureau. other procedural failures have either [FR Doc.73-20642 PHled 9-20-73;8:45 am] [PR Doc.73-20844MPled 9-26--73;8:45 amI

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26964 NOTICES CANADIAN TELEVISION STATIONS Lists of Changes, Additions, Deletions and Corrections Supplementary list of changes, additions, deletions and corrections as of September 1, 1973, to the list of Canadian tele- vision stations within 250 miles of the border Issued by the Commission dated April 1, 1973. LIST NO.1, SEPT EIMER 21, 1073.

Iadlated Antenna Can sign Licensee Location power (kW) Dircctivity Above Above Above Ofhi't ground MBL terrain

Channel 4 (66-72 MHz) CHFD-TV...... ------Thunder Bay, Ontario, N. 48*26'30", W. 8914'03".------520.00 V OM ...... 800 ,0 180 (-) 104.00 A Channel 8 (ISO-1S6 MHz) CFRIN-TV-8 ------ned Deer, Alberta, N. W'17157", W. 1134147 ------24.00 V D.A ...... 60 3,8,0 82 (+) 4.80 A OKCW-TV-1 ------Charlottetown, PdnceEdwardlsland,N.4616'05",W.6320'30" 14.50 V D.A ...... 290 CM3 4&9 (.1) 1.45 A -Channe IS (210-216 MHz) CBCT------Canadian Broadcasting.... Charlottetown, PrnceEdwardlsand, N. 4612'40",W.63020'2 " 02.00 V D.A ...... 720 1,073 018 (+) Corp. 12A0 A

rSEALJ FEDERAL COMMUNICATIONS CO=MISSIOI;, WALLACE E. JOHNSON, Chief, Broadcast Bureau. [P' Doc.73-20645 Filed 9-26-73;8:45 am]

FEDERAL MARITIME COMMISSION (BH.S.) is a 1-year arrangement (with Tiers on those routes had been the sub- BRADBURY TECHNICAL CO. AND BRADY- renewal options) whereby B.H.S. will Ject of a Commission investigation in HAMILTON STEVEDORE provide stevedoring and terminal services Docket No. 72-64, a docket which Is be- CO. at Bradbury's Port Westward, Oregon ing held in abeyance pending a Commis- Notice of Agreement Filed terminal facility. As compensation B.HS. sion decision on Docket No. 72-65 a docket Notice is hereby given that the follow- will be reimbursed for its operating ex- dealing with military rates on the Trans- Ing aireement has been filed with-the penses plus ten percent of its operating Pacific routes (see Commission Order Commission for approval pursuant to expenses to cover overhead for services served September 7,1973). section 15 of the Shipping Act, 1916, as performed in accordance with Bradbury's The examination of data submitted by amended (39 Stat. 733, 75 Stat. 763 (46 Port Westward Tariff No. 1, Bradbury Sea-Land as justification for Its rates U.S.C. 814)). shall provide and collect for the use of all bid for RFP-800, 1st Cycle, revealed Interested parties may inspect and port facilities and shall collect for all numerous 'areas which required addi- obtain a copy of the agreement at.the services described in its tariff. tional analysis by the Commission's staff Washington office of the Federal Mari- Dated September 24, 1973. in order to determine whether Sea-Land was in compliance with the provisions of time Commission, 1405 I Street NW., By Order Room 1015; or may inspect the agree- of the Federal Maritime General Order 29 (46 CFR Part 549). Ac- Commission. cordingly, the Commission's staff in- ment at the Field Offices located at New FRANCIS York, N.Y., New Orleans, La., and San C. HURNEY, formed Sea-Land that the staff intended Francisco, Calif. Comments on such Secretary/. to conduct a field review to take place at agreements, including requests for hear- [FR Doc.73-20666 Piled 8-26-73;8:45 am] Sea-Land's offices at Elizabeth, New Ing, may be submitted to the Secretary, Jersey. The review commenced on July 9, 1973. Federal Maritime Commission, Wash- [Docket No. 73-r57] ington, D.C. 20573, on or before Octo- The staff accountants examined data ber 17, 1973. Any person desiring a SEA-LAND SERVICE, INC. supplied by Sea-Land covering the fol- hearing o nthe proposed agreement shall Order of Investigation and Hearing Regard. lowing areas of cost information: Oper- provide a clearrand concise statement of ing Possible Violations in Connection ating statistics, vessel expense, port and the matters upon which they desire to With Rates on Military Cargo cargo expenses, administrative and gen- adduce evidence. An allegation of dis- eral expense, vessel depreciation, inactive Sea-Land Service, Inc. (Sea-Land) is vessel expense, container overhead and crimination or unfairness shall be accom- a common carrier *T water operating panied by a statement describing the indirect container costs, and container inter alia between the East Coast of the and chassis depreciation and lease ex- discrimination or unfairness with par- United States and the United Kingdom ticularity. If a violation of the Act or pense. On the basis of the results of the and Europe. Sea-Land submits bids for field review, which are set out in a report detriment to the commerce of the United the carriage of military cargo pursuant States is alleged, the statement shall set by the staff accountants to the Director, to the negotiated competitive procure- Seallft Procurement Studies, the staff is forth with particularity the acts and ment system administered by Military circumstances of the opinion that Sea-Land's rate bid said to constitute such - Sealift Command (MSC). violation or detriment to commerce. for the carriage of Cargo N.O.S. pursuant In response to the latest Request for to RFP-800, 1st Cycle, on MSC Route In- A copy of any such statement should Proposal (RFP)-800, First Cycle, issued dexes 4 and 5 may be below the fully dis- also be forwarded to the party filing the by MSC, Sea-Land submitted a bid of tributed cost of carrying that class of agreement (as indicated hereinafter) $11.49 per measurement ton for the car- and the statement cargo on those routes, in violation of the should indicate that riage of Cargo N.O.S. from U.S. East provisions of General Order 29 (46 CFR this has been done. Coast ports to the United Kingdom and Part 549) and section 18(b) (5) of the Notice of agreement filed by: Europe on MSC Route Index 4 and 5, to Shipping Act, 1916. Therefore, the Com- be effective during the period Steven R. Schell, Esq., Black, Heterline, Beck, July 1, mission is of the opinion that an investi- & nappleyer, 12th Floor, The Bank of 1973-December 31, 1973. For the previous gation should be undertaken in order to California Tower, Portland, Oreg. 97205. RFP, Sea-Land had bid $13.00 per meas- determine whether such rate bid Is in urement ton for the Agreement carriage of Cargo fact so unreasonably low as to be detri- No. T-2854, between Brad- N.O.S. on the same Routes. mental to the commerce of the United bury Terminal Company (Bradbury) Sea-Land's previous bid, along with States, hence warranting disapproval and Brady-Hamilton Stevedore Co. by the bids of other United States-flag car- the Commission. Since the subject rate Is

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26965 [Commiton Order No. 1 (Revted) I managerial direction and coordination in effect for only -a six month period, and The Manag- because the Cfmmission wants the issue STATEMENTS OF ORGANIZATION AND of the Managing Director. ing Director shall, with respect to the seasonably resolved, we are directing ex- FUNCTIONS activities of such offices, (1) coordinate pedition of the proceeding as ordered SCETMEBER 15, 1973. below. the development and execution of major SEC. 1. Purpose. programs, policies, plans, and projects Now, therefore it is ordered,That, pur- Is to suant to section 22 of the Shipping Act, 1.01 The purpose of this Order to accomplish the objectives established 1916, as amended, an investigation and describe the organization and functions by the Chairman and/or the Commis- of'the Federal Maritime Commission. sion; (2) determine work priorities and hearing is hereby instituted to determine the Federal the lawfulness of Sea-Land's RFP-800 SEC. 2. Organization of schedule the flow of work to meet such First Cycle bid rate for carriage of Maritime Commission. priorities; (3) review program and ac- (5) of 2.01 Establishment and Composition tivity progress and otherwise maintain Cargo N.O.S. under section 18(b) Mari- the Act: of the Commission-The Federal surveillance to assure the accomplish- And it is further ordered, That Sea- time Commission was established as an ment of programs and projects of major Land be made respondlent in this pro- independent agency by Reorganization importance. Plan No. 7 of 1961, effective August 12, 3.04 The Office of Administrative Law ceeding: Commisslon And it is further ordered, That this 1961. The Federal Maritime Judges shall report to the Chairman, proceeding be referred for public hearing is composed of five members, appointed and coordination of the Managing before an administrative law judge of by the President, by and with the consent subject to the administrative direction the Commission's Office of Administra- of the Senate. The President designates Director. tive Law Judges with directions that the one of such members to be the Chairman. SEc. 4. General functions. proceeding be expedited to the fullest 2.02 Quorum-Any three members 4.01 The Federal Maritime Commis- that upon comple- in office constitute a quorum for the sion is responsible for administering the extent possible, and Fed- tion of the hearing the record developed transaction of the business of the statutory functions and programs for the therein be certified to the Commission; eral Maritime Commission. The affirma- regulation of common carriers by water and that the hearing be held at a date .tive vote of any three Commlloners in the foreign and domestic offshore shall be-sufficient for the disposition of commerce of the United States and of and place to be determined and an- the nounced by the Presiding Administrative any matters which may come before other persons, under provisions of the Law Judge: CommisIon. Shipping Act, 1916, as amended; Mer- 2.03 Organizational Components- chant Marine Act, 1920, as amended; the And it is further ordered, That the has Commission's Bureau of Hearing Coun- The Federal Maritime Commiston Intercoastal Shipping Act, 1933, as sel shall serve upon respondent Sea- the following major organizational amended; and other applicable statutes. Land a copy of the above-mentioned re- components: SEc. 5. Specific functions of the or- port of field review, as soon as practi- 1. Office of the Chairman of the Fed- ganizational components of the Federal cable after service of this order; and eral Maritime Commission. Maritime Commission. It is further ordered, That the provi- 2. Offices of the Members of the Fed- 5.01 The Office of the Chairman of sions of Rule 12 of the Commission's eral Maritime Commission. the Federal Maritime Commission ex- rules of practice and procedure which 3. ManagingDirector. ecutes and administers the activities of require leave of the Commission to take (1) Bureau of Compliance. the Federal Maritime Commission; testimony by deposition or by written a. Office of Agreements. serves as the excutive head of the Com- interrogatory if notice thereof is served b. Office of Tariffs and Intermodalism. mission; presides at meetings of the of c. Office of Domestic Commerce. Commission; and administers the Poll- within 20 days of the commencement (2) Bureau of Industry Economics. the proceeding, are hereby waived for cies of the Commission to its responsible this proceeding inasmuch as the ex- a. Office of Economic Analysis. officials, and through conferences with peditious conduct of business so requires. b. Office of Financial Analysis. and reports from such officials as- The provision of Rule 12(h) which re- c. Office of Sealift Procurement Stud- sures the efficient discharge of their quires leave of the Commission to re- ies. responsibility. quest admissions of fact and genuine- (3) Bureau of Certification aid Li- 5.02 The Offices of the Members of thereof is censing. the Federal Maritime Commission are ness of documents if notice Water Pollution Responsl- served within 10 days of commencement a. Office of responsible, with the Chairman, for of the proceeding, is similarly waived; bility. establishing the policies of the Commis- and b. Office of Freight Forwarders. sion; making decisions and determina- It is further ordered, That notice of c. Office of Passenger Vessel Certifi- tions in the disposition of docketed cases published in the FEDERAL cation. and other matters within the jurisdic- this Order be Bureau of Hearing Counsel. and perform- REGISTER and a copy thereof and notice (4) tion of the Commission; of hearing be served upon respondent; (5) Office of Personnel. Ing other duties as may be assigned and upon the Commanding Officer, Mili- (6) Office of Budget and Finance. under the provisions of Reorganization tary Sealift Command; and (7) Division of Office Services. Plan No. 7 of 1961. It is further ordered, That any person, (8) District Offices. 5.03 The Managing Director directs other than respondent who desires to 4. Office of the Secretary. and administers the organizations and become a party to this proceeding and 5. Office of the General Counsel. activities as enumerated in subsections to participate therein shall file a peti- 6. Office of Administrative Law Judges. 5.031 through 5.038 below; provides man- tion to intervene with the Secretary, SEC. 3. Lines of responsibilityj. agerial administrative direction to, and Federal Maritime Commission, 'Wash- 3.01 The Managing Director shall be effects work coordination with the Office ington, D.C. 20573,-promptly with copies responsible to and report to, the Chair- of the General Counsel and the Office of to parties; and man, Federal Maritime Commission. the Secretary; provides adminstrative Finally, it is further ordered, That all 3.02 The Bureau of Compliance, Bu- direction and coordination to the Office future notices issued by or on behalf of reau of Industry Economics, Bureau of of Administrative Law Judges; assists, the Commission in this proceeding, in- Certification and Licensing, Bureau of advise, and consults with the Chairman cluding notice of time and place of hear- Hearing Counsel, Office of Personnel, Of- and/or the Federal Mhritime Commis- conference, shall be fice of Budget and Finance, Division of slon in the performance of major execu- Ing or prehearing and directs general ad- all parties of record. Office Services, and the District Offices tive functions; mailed directly to shall be responsible to. and report to ministrative activities. By the Commission. the Managing Director. 1. he Bureau of Compliance is re- sponsible for program development, ad- EsEALi FRANCIS C. HuaRI , 3.03 The Office of the Secretary and Secretary. the Office of the General Counsel shall minIstration, and activities in connec- [PR Doc.73-20670 Piled 9-26-73; 8:45 am] report to the Chairman, subject to the tion with the operations of common car-

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 No. 187-Pt I- 11 26966 NOTICES rlers by water In the foreign and domestic diction of the Federal Maritime Commis- gaged in the domestic 6ffshore commerce offshore commerce of the United States, sion in accordance with the require- of the United States and conferences conferences of such carriers, terminal ments of law and the rules, orders, and of such carriers; (7) assists Bureau of operators, and other -persons subject to regulations of the Commission; makes Hearing Counsel with respect to domes- the regulatory jurisdiction of the Fed- appropriate recommendations with re- tic offshore and terminal matters in- eral Maritime Commission, to the extent spect to possible violations of applicable volved in proceedings before the Com- that such operations fall within the pro- statutes and/or Commission regulations; mission; (8) reviews Informal complaints gram activities of the several offices and makes appropriate recommendations or protests against the practices, meth- which comprise the Bureau of Compli- with respect to applications for special ods, 'and operations of persons subject ance, and administers the activities of permission to file tariffs on less than to the regulatory jurisdiction of the Fed- such offices. statutory notice, or for waiver of tariff eral Maritime Commission; (9) -takes The Bureau develops long-range pro- filing rules and regulations; (2) recom- appropriate action relative thereto by grams, new or revised policies and stand- mends appropriate action with respect to (a) resolution through voluntary agree- ards, and rules and regulations, with re- the rejection of improper or incorrectly ment of the parties, or (b) recommen- spect to the program activities of the filed tariffs; (3) prepares recommenda- dation that the complaint or protest be Bureau. tions, collaborating with the Managing rejected as not violative of the shipping The program activities of the Bureau Director and the Bureau of Hearing statutes or rules or orders of the Com- of Compliance are carried out by the Counsel for formal action and proceed- mission, or (c) referral to the Managing Office of Agreements, the Office of Tariffs ings by the Commission; (4) supervises Director for field inquiry, or (d) in col- and Intermodalism, and the Office of the public reference room which provides laboration with the Bureau of Compli- Domestic Commerce, as outlined below: assistance to the public in the inspection ance and the Bureau of Hearing Coun- a. The Office o1 Agreements (1) ex- of agreements, tariffs, and other public sel, recommendation for formal action amines agreements and modifications records, documents, and publications and proceedings by the Commission; thereto filed by common carriers by which are on file with or prepared by the (10) reviews minutes of domestic and water in the foreign commerce of the Bureau of Compliance, and assists in ob- terminal conference meetings to deter- United States, conferences of such car- taining copies of such documents for the mine whether the parties may be acting riers, and other persons subject to the public; (5) promulgates and implements outside the scope of their conference regulatory jurisdiction of the Federal policy, guidelines, and regulations to ef- agreements; and (11) conducts studips Maritime Commission for approval under fectively regulate the activities of inter- and surveys for the development of now statutory requirements; conducts negoti- modal common carriers in the commerce or revised policy and standards, and ations with parties to such agreements of the United States; (6) insures that rules and regulations with respect to the for the purpose of obtaining information changes and developments due to new program activities of the Office of Do- and compliance with applicable statutes, technologies and intermodal services are mestic Commerce. rules, and regulations; prepares for pub- 'accomplished in an orderly manner; (7) 2. The Btireau of Industry Economics lication In the FEDERAL REGISTER notices oversees the regulatory aspects of a de- is responsible for program development, of filings of agreements; prepares recom- veloping modem and efficient interna- administration, and activities in con- mendations for approval, disapproval, or tional transport system which provides nection with the procurement, compila- modification, or for formal investigation movement of cargoes on a coordinated tion, interpretation, and analysis of all or hearing with respect thereto (these basis between the various transportation essential data to establish with validity agreements include conference agree- modes; (8) works closely with other reg- the economic implication and signifi- ments, transshipment agreements, joint ulatory agencies (Interstate -Commerce cance of the Commission's actions in service agreements, pooling agreements, Commission for surface transportation administering its functions and regula- sailing agreements, container inter- within the United States and the Civil tory authorities. change agreements, and other coopera- Aeronautics Board for air transporta- The Bureau develops long-range pro- tive working arrangements); (2) ex- tion) in the development of multiagency grams, new or revised policies and amines and recommends appropriate ac- regulations for the movement of cargoes; standards, and rules and regulations, tion on requests for permission to use and (9) conducts studies and surveys for with respect to the program activities of contract rate systems; (3) reviews an- the development of new or revised policy the Bureau. nual and special reports submitted by and standards, rules, and regulations The Program activities of the Bureau common carriers by water in the foreign with respect to the program activities of Industry Economics are carried out by commerce of the United States, con- of the Office of Tariffs and Inter- the Office of Economic Analysis, the Of- ferences of such carriers, and other per- modalism. flce of Financial Analysis, and the Office sons subject to the regulatory jurisdic- c. The Office o1 Domestic Commerce of Sealift Procurement Studies, as out- tion of the Federal Maritime Commis- (1) examines agreements and amend- lined below: sion, including minutes of conference ments thereto filed by terminal operators a. The Office of Economic Analysis (1) meetings, shippers' requests and com- to determine whether they require ap- conducts research and economic studies plaints reports, reports of self-policing, proval under Section 15 of the Shipping necessary to the Commission in the ful- and pooling statements, and makes ap- Act, 1916; (2) makes appropriate rec- fillment of its regulatory responsibilities, propriate recommendations with respect ommendations with respect to applica- and compiles, Interprets, and analyzes to any such reports or activities which tions for special permission to file tariffs economic data essential to the study of indicate possible violations of applicable on less. than statutory notice, or for freight rate structures and levels; (2) statutes or Commission regulations; (4) waiver of tariff filing rules and regula- conducts studies leading to determina- prepares recommendations, collaborat- tions; (3) obtains complete information tions as to the reasonableness of specific Ing with the Managing Director and the and suppotlting data in order to deter- cargo rates in the ocean trades of the Bureau of Hearing Counsel, for formal mine the effect of 'agreements upon the United States; (3) studies the economic action and proceedings by the Commis- public interest; (4) prepares recommen- implications of shipping practices; (4) sion; and (5) conducts studies and sur- dations to the Commission for approval, studies the economic Implications of veys for the development of new or disapproval, modification, or formal trends of commodity movement, world- revised policy and standards, and rules hearing with respect to the agreement; wide; (5) analyzes costs attributable to and regulations with respect to the pro- (5) examines tariffs of domestic offshore the movement of cargoes in the ocean- gram activities of the Office of Agree- carriers and terminal operators and con- borne foreign and domestic offshore ments. ferences for compliance with sections commerce of the United States; and (6) b. The Ofice of Tariffs ad Intermod- 15, 16, and 17 of the Shipping Act, 1916, conducts related studies and analyzes alism (1) reviews the rates and practices and provides advice relative to tariffs requisite to rendering by the Commis- of common carriers by water in the for- filed; (6) recommends appropriate ac- Sion of sound economic judgments and eign commerce of the United States, con- tion with respect to the prescription of decisions. ferences of such carriers, and other reasonable maximum and minimum b. The Office of Financial Analysis (1) persons subject to the regulatory juris- rates of common carriers by water en- makes recommendations with respect to

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26967 annual and special financial reports to be the Federal Water Pollution Control Act, makes appropriate recommendations submitted by common carriers and other as amended; the licensing of ocean with respect to any activities which indi- persons subject to the Act to bring about freight forwarders under the provisions cate possible violations of applicable accurate, uniform, and comprehensive of the Shipping Act, 1916; and the cer- statutes or Commission regulations; (3) disclosure of financial data to the Com- tification of owners and operators of makes appropriate recommendations, mission; (2) recommends accounting and passenger vessels as to their financial collaborating with the Managing Direc- reporting instructions; (3) conducts ex- responsibility to satisfy liability incurred tor and the Bureau of Hearing Counsel, aminations of the accounts, records, re- by nonperformance of voyages or result- for formal action and proceedings by the ports, and financial statements of such ing from injury or death under Public Commission; and (4) conducts studies carriers to obtaifi and ascertain compli- Law 89-777. and surveys for the development of new ance with commission regulations; (4) Tht Bureau develops long-range pro- or revised policy and standards, and analyzes justification for increased or grams, new or revised policies and stand- rules and regulations with respect to the lowered rates of common carriers and ards, and rules and regulations with program activities of the Office of other persons subject to the Act; (5) de- respect to the program activities of the Freight Forwarders. velops and administers a continuing pro- Bureau. c. The Office of PassengerVessel Cer- gram for the audit of financial accounts The program activities of the Bureau tification (1) administers the provisions and records of common carriers and of Certification and Licensing are car- of Pub. L%89-777 with respect to the other persons subject to the Commis- ried out by the Office of Water Pollution financial responsibility of operators of sion's regulatory authorities; (6) devel- Responslbillty, the Office of Freight For- passenger vessels to meet liability for ops cost formulas and related financial warders, and the Office of Pasenger nonperformance of voyages and claims reporting requirements for application to Vessel Certification, as outlined below: for injury or death aboard ships; (2) the movement of waterborne commerce a. The Office of Water Pollution Re- makes appropriate recommendations in the domestic and foreign commerce of sponsibility (1) administers the provi- with respect to the financial responsibil- the United States; (7) prepares reports sions of Pub. L. 92-500 with respect to Ity of said operators of passenger ves- and appears in rate proceedings and/or evidence of financial responsibility by cels; and (3) conducts studies and sur- proceedings where rates and/or costs are owners and operators of vezsels which veys for the development of new or a paramount issue; (8) conducts studies, may be subjected to liability to the revised policy and standards, and rules as appropriate, for the purpose of de- United States for the cost of removal of and regulations with respect to the pro- termining classes of depreciable property, oil or hazardous substances from the graim activities of the Office of Passenger depreciation percentages, replacement navigable waters of the United States, Vessel Certification. costs, reasonable overhead, etc.; (9) an- adjoining shorelines, or waters of the 4. The Bureau of Hearing Counsel alyzes, summarizes, and prepares studies contiguous zone; (2) receives and proc- acts as Hearing Counsel in all formal and analytical reports of the financial esses applications for Certificates of Fi- investigations, nonadjudicatory investi- statements filed with the Commission by nancial Responsibility (Pollution) from gations, rulemalng proceedings, and common carriers and other persons sub- vessel owners and operators who wish to any other proceedings initiated by the ject to the Act; and (10) conducts-spe- evidence their financial responsibility by Federal Maritime Commission under the cial studies, audits, and analyses of a fi- means of self-insurance, -surety bonds, Shipping Act, 1916, and other applica- nancial liature for other branches of the certificates of insurance, guaranties, in- ble shipping acts; examines and cross- Commission. surance policies, or other methods ac- examines witnesses, prepares and files c. The Office of Sealift Procurement ceptable to the Commission; (3) reviews briefs, motions, exceptions, and other Studies (1) develops and administers a and makes appropriate recommendations leg-al documents, and participates in oral continuing program for the audit of the on the adequacy of such evidence; (4) arguments before the Administrative financial accounts and records of com- receives and reviews prescribed periodic Law Judges and the Federal Maritime mon carriers involved in carrying mili- accounting reports from certificants who Commission; acts as Hearing Counsel, tary cargoes; (2) promulgates and re- have qualified as self-insurers to assure where intervention is permitted, in for- vises the accounting regulations of the that such certificants remain financially mal complaint proceedings initiated Commission prescribing uniform systems stable; (5) recommends issuance, denial under section 22 of the Shipping Act; of accounting for common carriers car- revocation, modification, or suspension of reviews and concurs in all recommenda- rying military cargo; (3) plans and de- such certificates; (6) notifies certificants tions of other bureaus recommending the velops cost formulas for application to whose evidence of financial responsibil- institution of formal proceedings; pre- the movement- of waterborne military ity is being cancelled or due to expire, pares all orders, notices, and other doc- cargo; (4) develops cost for use in cases and make appropriate recommendations uments which institute formal or infor- or proceedings to determine whether in connection therewith; (7) makes ap- mal Commisson proceedings; furnishes particular rates on military cargo may propriate recommendations with respect consultative and advisory services, and be detrimental to commerce; (5) ren- to violations of enabling statutes or reg- otherwise assists other bureaus in formu- ders interpretations of accounting regu- ulations promulgated thereunder; (8) lating procedures to be followed in con- lations and effects the correction or ad- maintains records, files, and listings of nection with investigations and/or formal justment of deviations; (6) makes con- applicants, certificants, vessels, and un- Commission proceedings; serves, with tinuing studies to determine classes of derwriters for use internally and by the concurrence of the Managing Direc- depreciable property, depreciation per- other Government agencies: (9) recom- tor, as requested by the General Counsel centages, and reasonable allocation pro- mends acceptance or denial of persons or and under his direction in matters of cedures of non-direct costs; (7) devel- firms wishing to qualify with the Com- court litigation by or against the Com- ops annual and special financial reports mission as acceptable underwriters; and mission rising out of violations previ- to be submitted by common carriers car- (10) conducts studies and surveys for ously adjudicated by the Commission. rying military cargo; and (8) prepares the development of new or revised policy 5. The Office of Personnel plans and analytical reports for consideration of and standards, and rules and regulations administers personnel management ac- the Commission and the staff related to with respect to the program activities of tivities of the Commission in compliance the review and analysis of the costs and the Office of Water Pollution Respon- with Federal laws and regulations; rate structures of carriers participating sibility. serves as staff advisor on personnel mat- in the carriage of military cargo. b. The Office of Freight Forwarders ters to executive management, supervi- 3. The Bureau of Certification and Li- (1) reviews applications for the licensing sors, and individual employees; and ini- censing is responsible for program devel- of freight forwarders and makes appro- tiates and implements programs de- opment administration and activities in priate recommendations as to the grant- signed to insure a progressive personnel connection with the certification of ves- Ing or denying of such applications, In program within the Commission. sel owners and operators as to their Ii- accordance with the requirements of law 6. The Office of Budget and Finance nancial responsibility to satisfy liability and the rules, orders, and regulations of formulates recommendations and inter- which may be incurred as a result of the Commission; (2) reviews the prac- prets budgetary policies and programs; water pollution under the provisions of tices of licensed freight forwarders and develops and presents budget requests

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26968 I NOTICES and justifications; develops and admin- the Commission and maintaining official provided in Section 105(b) of Reorgani- isters fiscal plans and systems of inter- files and iecords with respect thereto; zation Plan No. 7 of 1961. nal control which provide accountability authenticating instruments or docu- SEc. 7. Specific authorities delegated to for public funds; and is responsible for ments or documents of the Commission; the Managing Director. financial management policies, proce- administering oaths; issuing subpoenas 7.01 Authority to accept or reject dures, and planning. at the direction of the Commission; dis- tariff filings of domestic offshore car- 7. The Division of Office Services pro- seminating complete, accurate, and riers or common carriers in the foreign vides office services for the Commission necessary information on the activities, commerce of the United States, or con- and its District Offices, including com- functions, and responsibilities of the ferences of such carriers for failure to munication services, printing, binding, Federal Maritime Commission to the meet the requirements of statute or the reproduction, mail services, procurement maritime industry, news media, the gen- Commission's requirembnts, or for lack of supplies and equipment, space man- eral public, and other agencies of the of completeness and clarity of the rules agement, building serviceg, safety pro- Government; and providing copies of and regulations governing the tariff, or grams, and records storage and re- initial decisions of the Administrative noncompliance with Special Permission trieval; and formulates guides, regula- Law .Judges, reports of the Commission, or other Order of the Commission. tions, methods, and procedures governing publications, and miscellaneous docu- 7.02 Authority to approve Special the use of office services and facilities. ments submitted in proceedings before Permission applications submitted by 8. The District Offlces represent the the Commission. domestic offshore carriers or carriers in Federal Maritime Commission within 5.05 The Office of the General Coun- the foreign commerce of the United their respective geographic areas; pro- sel serves as the law office of the Com- States, or conferences of such carriers vide liaison between the industry and the mission and provides legal counsel to for relief from statutory and/or Commis- shipping public and FMC headquarters,' the Commission and its staff; reviews sion tariff requirements. conveying pertinent information, high- and approves as to legality and/or pre- 7.03 Authority to review and deter- lighting regulatory problem areas, and pares proposed Commission rules, reg- mine the validity of alleged or suspected recommending courses of action and so- ulations, and orders; prepares drafts of violations, exclusive of formal com- lutions; furnish information, advice, proposed legislation and reports to Con- plaints, of the shipping statutes and rules counsel, and access to Commission pub- gressional committees; and represents and regulations of the Commission by lic documents to the various segments of the Commission in all matters before common carriers by water in the domes- the regulated shipping industry and the courts. tic offshore or the foreign commerce of other evincing interest and concern in 5.06 The Office of Administrative the United States, terminal operators, the Commission's work; receive informal Law Judges holds hearings and renders freight forwarders, and other persons complaints involving shippers and the decisions therein in formal rulemaking subject to the provisions of the shipping regulated industry and take appropriate and adjudicatory proceedings as pro- statutes; authority to determine cor- action thereon; provide advisory, con- vided in the Shipping Act, 1916, as rective action necessary with respect to sultative, and investigative services in amended, and other applicable laws and violations and conduct negotiations and support of substantive programs within other matters assigned by the Commis- obtain compliance by the violating par- the cognizance of the various bureaus sion, all in accordance with the Admin- ties, except where violations involve of the Commission; plan and conduct in- istrative Procedure Act and the Com- major questions of policy or major Inter- vestigations of alleged violations of the mission's Rules of Practice and Proce- pretations of statutes, or orders, rules, Shipping Acts, investigations of freight dure. Administrative Law Judges are ex- and regulations of the Commission, or forwarders, compliance checks, back- empt from all direction, supervision, or acts having material effect upon the com- ground surveys, field audits, and other control except for administrative pur- merce of the United States; authority studies; and recommend policies to poses. to determine, with respect to the fore- strengthen enforcement of the shipping SEC. 6. Delegation of authorities. going, whether alleged or suspected vio- laws. 6.01 Pursuant to Section 105 of Re- lations should or should not be referred 5.04 The Office of the Secretary is organization Plan No. 7 of 196-, effective to the Department of Justice for prose- responsible for preparing agenda and August 12, 1961, the Federal Maritime cution. dockets of matters subject to action by Commission hereby delegates the au- 7.04 Authority to (a) approve, within the Federal Maritime Commission and thorities set forth in sections 7, 8, and the framework of prescribed Commission the preparation of minutes with respect 9 of this order to the officials designated policy and criteria, applications for li- to such actions; receiving and process- therein, subject to the limitations pre- censes and to issue or reissue or trans- ing formal complaints and staff recom- scribed in sections 6.02, 6.03, 6.04, and fer licenses to persons, partnerships, cor- mendations for investigation and hear- 6.05 of this Order. porations, or associations desiring to ing involving violations of the Shipping 6.02 The delegatees shall exercise the engage in the business of ocean freight Act, 1916, as amended, and other appli- authorities delegated herein in a manner forwarding; (b) Issue a letter stating cable laws, including the (a) reviewing consistent with the established policy of that the Commission intends to deny an of complaints for sufficiency and com- the-Federal Maritime Commission. *application unless within 20 days appli- pliance with the Commission's Rules of 6.03 The authorities delegated herein, cant requests a hearing to show that Practice and Procedure; (b) assigning except those delegated to the Chief Ad- denial of the application Is unwarranted official docket numbers to such com- ministrative Law Judge, may not be ex- or unless within 30 days required secu- plaints and orders of investigation and ercised unless resolution of all legal ques- rity has been filed; (c) deny any appli- hearings; (c) serving copies of such com- tions and approval of the form of all cation for freight forwarder license plaints and orders upon the respond- legal documents have been obtained where applicant has received a letter of ent(s); and (d) subsequent to Adminis- either concurrently or previously, from intent to deny and, within notice period, trative Law Judges' decisions or other the General Counsel, or his designee. has not requested a hearing or has not disposition of cases by Administrative 6.04 The delegatees may in their dis- furnished the required security; (d) re- Law Judges, ruling upon requests for en- cretion redelegate their authorities, un- scind letters of intent to deny or grant largement of time for the filing of ex- less otherwise restricted herein, to sub- extensions of the time specified in such ceptions to decisions and replies thereto, ordinate personnel under their direction, letters; (e) revoke the grandfather including ruling upon late filings of ex- provided that such redelegation does not rights of applicants who have requested ceptions or replies, and processing all grant the recipient the authority to sub- withdrawal of the application, moved sequent redelegation. The delegatees re- from their last known address and rea- other motions and petitions to the Com- tain full responsibility for actions taken sonable efforts to locate their present mission for action; issuing orders and. by their subordinates under any author- whereabouts have failed, or been denied notices of actions of the Commission; re- ityredelegated by them. a license in accordance with subsection ceiving formal communications, petitions, 6.05 Notwithstanding the delegations (c) of this section; (f) revoke the license notices, documents, and other instru- contained herein, the' Commission re- of a freight forwarder upon the request ments directed to the Chairman and/or tains its discretionary right of review as of the licensee; (g) upon receipt of no-

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26969

ice of cancellation of any bond, to notify of ports at which cargo will be trans- amended, unprotested passenger agency the licensde in writing that his license shipped; agreements and container interchange will automatically be suspended or re- 2. Responsibility of parties for estab- agreements between ocean common voked, effective on the bond cancella- lishing and filing the applicable through carriers. tion date, unless a new or reinstated bond rates, rules, regulations, and other tariff 7.15 Authority to issue notices of in- is submitted to and approved by the matters; tent to cancel inactive tariffs of carriers Commission prior to such date, and sub- 3. Provisions for the apportionment of in the domestic offshore trades, after a sequently to order such suspension or the through revenue and transshipment diligent effort has been made to locate revocation for failure to maintain a expenses stated in percentages, or speci- the carrier without success, or if the bond; (h) approve extension or exten- fic dollar amounts; carrier has advised the Commission that sions of time to licensed freight forward- 4. When applicable, provisions for ap- It no longer offers a domestic common ers, in which to furnish the Commission plication and apportionment of other ex- carrier service but refuses to cancel its the name(s) and ocean freight forward- penses such as wharfage, special han- tariff upon written request; and to can- ing experience of the managing part- dling, lighterage, tonnage dues, sur- cel such tariff if within 30 days after. ner(s) or officer(s) who will replace the charges, and other such charges assessed publication, the carrier does not furnish qualified partner or officer upon whose by a governmental authority; reasons why such tariff should not be qualifications the original licensing was 5. When desired by the parties, provi- cancelled. approved. sions for indemnification between the 7.16 Authority to accept financial and 7.05 Authority to develop, prescribe, parties for liabilities incurred from loss, operating data alternative to that re- and administer programs to assure com- damage, delay, or misdelivery of goods; quired by Sections 511.2 and 511.3 of pliance with the provisions of the ship- 6. Provision for the termination of General Order 5, upon application and a ping statutes of all persons subject there- the agreement within a stated notice showing of good cause that it is un- to, including without limitation those period; and necessary to require full compliance to programs for: (a) The submission of 7. Provisions for the submission to the enable the Commission to carry out its regular and special reports, information, Federal Maritime Commission for ap- regulatory function. and data; (b) the conduct of a plan for proval of any modification or addition 7.17 Authority to waive the require- the field audit of activities and practices to the agreement. ments of Section 511.2 and 511.3 of Gen- of common carriers by water in the do- 7.10 The authority to approve or dis- eral Order 5, for carriers with less than mestic offshore trade and the foreign approve applications as specified in Gen- $25,000 gross revenue, upon application commerce of the United States, confer- eral Order 11, "Reports of Rate Base and and showing that the gross revenue ences of such carriers, terminal opera- Income Account by Vessel Operating earned did not exceed such amount as tors, freight forwarders, and other per- Common Carriers in the Domestic Off- provided by the Order. sons subject to the shipping statutes; shdre Trades," Sections: 512.3(c) (1)- 7.18 Authority to grant or deny, in and (c)the conduct of rate studies. extensions for time of filing; 512.3(c) accordance with the provisions of Gen- 7.06 Authority to approve, pursuant (2)--alternate data; and 512.3(c) (3)- eral Order 5, Amendment 5, extensions to Section 15, Shipping Act, 1916, as waiver of filing. of time limits prescribed for the filing of amended, unprotested, cooperative work- 7.11 Authority to (1) approve modi- financial reports by common carriers ing arrangements between independent fications to Section 15 agreements when who are subject to the provisions of Gen- ocean freight forwarders eligible to carry such modifications are filed in accordance eral Order 5, 46 CFR, Part 511. on, the business of forwarding pursuant with the requirement of Commission rule 7.19 Authority to (a) approve appli- to Section 44, Shipping Act, 1916, as or general order and are clearly in com- cations for Certificates of Financial Re- amended. pliance with the criteria and/or intent sponsibility (Poltion) and to issue or 7.07 Authority to approve, pursuant of such rule or general order, .and (2) reissue or transfer such Certificates; (b) to Section 15, Shipping Act, 1916, as require modification of the filed amend- Issue a letter stating that the Commis- amended, unprotested modifications to ment to the extent necessary to conform sion intends ta deny an application, indi- terminal conference agreements and un- to the requirements of such rule or gen- cating the reasons therefor, unless within protested -terminal leases, licenses, as- eral order. 20 days applicant requests a lbaring to signments, or other agreements of a sim- 7.12 Authority to approve the termi- show that denial of the application is ilar character for the use of terminal nation of Section 15 (Shipping Act, 1916, unwarranted; (c) deny any application property or facilities between persons as amended) agreements between com- for a Certificate where applicant has re- subject to the Shipping Act, 1916, as mon carriers by water and conferences ceived a letter of intent to deny and, amended. of such carriers engaged in the foreign within the notice period, has not re- 7.08 Authority to determime whether and domestic commerce of the United quested a hearing; (d) rescind letters of terminal leases, licenses, assignments, or States, and between other persons sub- intent to deny or grant extensions of the other agreements of a similar character ject to the Act, after publication of no- time specified in such letters; (e) revoke for the use of terminal property or facili- tice of intent to terminate in the Federal a Certificate upon request of the certiff- ties between persons subject to the Ship- Register, when such terminations are (1) cant; (f) upon receipt of notice of ter- ping Act, 1916, as amended, are within requested by the parties to the agree- ruination of evidence of financial respon- the purview of Section 15. ments or, (2) deemed to have occurred siblilty to notify the certificantin writing 7.09 Authority to approve-unprotested when it is determined that the parties that his Certificate will automatically be transshipment , agreements covering are no longer engaged in concerted activ- suspended or revoked, effective on the transportation of cargo in the foreign ities requiring Section 15 approval and termination date, unless new or rein- commerce of the United States which are official inquiries and correspondence can- stated evidence of financial responsibil- not unjustly discriminatory or unfair as not be delivered to the parties. ity Is submitted to and approved by the between carriers, shippers, exporters, im- 7.13 Authority to approve unpro- Commission prior to such date, and sub- porters, or ports, or between exporters tested modifications to approved Section sequently to order such suspension or from the United States and their foreign 15 agreements which are filed to (1) revocation for failure to maintain ade- competitors, detrimental to the commerce reflect changes in the name of a country quate evidence of financial responsibil- of the United States, contrary to the pub- or port, or (2) increase or decrease the ity; and (g) exercise the various grants, lic interest, or violative of the Shipping trade areas within the general geographic waivers, and requests relating to the fl- Act, 1916, as amended; such agreements scope of the approved existing agree- ing of financial data by self-insurers and should include the: ments, provided that such increases or guarantors pursuant to the provisions of 1. Complete name of the parties enter- decreases do not involve forelgn-rto-for- section 542.5(a) of General Order 27. ing into the arangement and specifically elgn trade, or (3) reflect non-substantive Ssc. 8. Specific authorities delegated setting forth the portion of the trade changes in language, procedures, or that each party will cover, including; administration. to the Secretary. ports or areas of origin and destination; 7.14 Authority to approve, pursuant 8.01 Authority to approve applica- cargo to be carried; and ports or ranges to Section 15, Shipping Act, 1916, as tions for permission to practice before

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMsER 27, 1973 26970 NOTICES

the Federal Maritime Commission and gram activities of the Bureau of Indus- Director, Pacific District to issue admission certificates to ap- try Economics. Any document, report, or Federal Maritime Commission proved applicants. other submission required to be filed 681 Market Street, Room 618 8.02 ,Authority to prescribe a time with the Federal Maritime Commission San Francisco, Callfornl&94105 limit less than 20 days from date pub- by statute or the Commission's rules and Area Representative, Puerto Rico lished In the FEDERAL REGISTER for the regulations relating to the specific func- Federal Maritime Commission submission of written comments Old San Juan Post Office Bldg., Room 108A with tions of the Bureau of Industry Eco- Commerclo and Tanca Streets reference to agreements filed pursuant to nomics as set forth in Section 5.032 of, San Juan, Puerto Rico Section 15 of the Shipping Act, 1916, as this Order shall be filed with or sub- Mailing Address: amended, mitted to the Director, Bureau of Indus- P.O. Box 3168 8.03 Authority to assign informal try Economics. Old San Juan Station small claims dockets under Subpart S of 10.04 The Director, Bureau of Certi- San Juan, Puerto Rico 00904 the Commission's Rules of Practice and fication and Licensing, will provide in- 10.09 The Secretary will provide In- Procedure to those Commission em- formation and decisions, and will accept ployees designated as "settlement oi- formation and decisions, and will accept and respond to requests, relating to the and respond to requests, relating to the cers." program activities of the Bureau of Cer- SEC. 9. General authority delegated to program activities of the Office of the tification and Licensing. Any document, Secretary. Any document, report, or the Managing Director,.Secretary, Gen- report, or other submission required to eral Counsel, and Chief Administrative other submission required to be filed with be filed with the Federal Maritime Com- the Federal Maritime Law Judge. mission by statute or the Commission's Commission by 9.01 Authority to exercise all func- statute or the Commission's rules and rules and regulations relating to the spe-_ regulations relating to the specific tions and take all actions necessary to di- cific functions of the Bureau of Certifi- func- rect and carry out the duties and respon- cation tions of the Office of the Secretary as set and Licensing as set forth in forth in Section 5.04 of this Order shall sibilities assigned to the Managing Di- Section 5.033 of this Order shall be filed rector, Office of the Secretary, Office of be filed with or submitted to the Secre- with or submitted to the Director, Bu- tary. the General Counsel, and Office of Ad- reau of Certification and Licensing. 10.10 The Genera! Counsel will ministrative Law Judges, In accordance 10.05 The Director, Bureau of Hear- pro- with their functional assignments as ing Counsel, will provide Information vide information and decisions, and will heretofore prescribed in this Order. accept and respond to requests, relat- and decisions, and will accept and re- Ing SEC. 10. Public requests for in!orma- spond to requests, relating to the .pro- to the program activities of the Office tion and decisions. of the General Counsel. Any document, bram activities of the Bureau of Hearing report, or other submission 10.01 Genteral. 1. 5 U.S.C. 552(a) (1) Counsel, provided, however, that the dis- required to (A) requires that every agency shall semination of such be filed with the Federal Maritime Cbm- information or de- mission. by separately state and currently publish cisions is not prohibited by the Admin- statute or the Commission's In the FEDERAL REGISTER for the guidance istrative Procedure Act rules and regulations relating to the spe- or the Commis- cific functions of the of the public, descriptions'of its central sion's Rules of Practice and Procedure. Office of the Gen- and field organizations and the estab- Any eral Counsel as set forth in Section 5.05 document, report, or other submis- of lished places at which, the officers from sion required to be filed with the Federal this Order shall be filed with or sub- whom, and the methods whereby, the Maritime mitted to the General Counsel. Commission by statute or the 10.11 The Chief public may secure Information, make Commission's rules and regulations re- Administrative Law submittals or requests, *or obtain deci- lating to specific Judge will provide information and de- the functions of the cisions and sions. Bureau of Hearing Counsel as set forth will accept and respond to 2. Section 5 of this Order complies in Section requests, relating to the program ac- 5.034 of this Order shall be tivities of the Office * with that portion of the above require- filed with or submitted to the Director, of Administrative ment with respect to stating and publi- Bureau of Hearing Counsel. Law Judges. Any document, report, or cation of the descriptions of the Federal 10.06 The Director, Office of Person- other submission required to be filed with Maritime Commission's central and field nel, will provide information and deci- the Federal Maritime Commission by organizations. sions,. and will accept and respond to statute or the Commission's rules and 3. Accordingly, there is hereby stated requests, relating to the program activi- regulations relating to the specific func- and published for the guidance of the ties of the Office of Personnel as set forth tions of the Office of Administrative Law public the established places at which, in Section 5.035 of this Order. Judges as set forth in Section 5.06 of this the officers from whom, and the meth- -10.07 The Director, Office of Budget Order shall be filed with or submitted to ods whereby, the public may secure in- and Einanc,' will provide information the Chief Administrative Law Judge, formation, make submittals or requests, and decisions, and will accept and re- 10.12 The public may inspect or ob- or obtain decisions. For this purpose, the spond to requests, relating to the pro- tain copies of agreements, tariffs, and officials hereinafter designated may be gram activities of the Office of Budget other public records or documents which contacted by telephone, In writing, or in and Finance as set forth in Section 5.036 are on file with or prepared by the Bureau person, at the Federal Maritime Com- of Compliance from the Public Refer- mission, 1405 1 Street, of this Order.' NW., Washington, 10.08 The Directors of 4the Atlantic, ence Room, Bureau of Compliance, 1405 D.C. 20573. Gulf, and Pacific Districts, and the I Street NW., Washington, D.C. 20573. 10.02 The Director, Bureau of Com- Puerto Rico Area Representative will SEC. 11. Effect on Other Orders. pliance, will provide information and provide information and decisions to the 11.01 This Order supersedes Commis- decisions, and will accept and respond public within their geographic areas, or sion Order Number 1 (Revised) dated to requests, relating to the program ac- will expedite the obtaining of informa- May 1, 1972, and all amendments and tivities of the Bureau of Compliance. tion and decisions supplements published subsequent there- from headquarters, to. Any document, report, or other submis- relating to the program activities of the sion required to HELEN DELiCH BENTLEY, be filed with the Federal District Maritime Commission by statute or the Offices as set forth in Section Chairman. 5.038 of this Order. The addresses of Commission's rules and regulations re- [FR Doc.73-20667 Filed 9-26-73:8:45 nmi lating to the specific functions of the these offices are as follows: Bureau of Compliance as set forth in Director, Atlantic District [Independent Ocean Freight Forwarder Section 5.031 of this Order shall be fled Federal Maritime Commission Licensee No. 36] with or submitted to the Director, Bu- 26 Federal Plaza, Room 4012 reau of Compliance. New York, New York 10007 THADDEUS W. WYATT, AND T. W. WYATT CO. 10.03 The Director, Bureau of In- Director, Gulf District Federal Maritime Commission Order of Revocation dustry Economics, will provideinforma- P.O. Box 30550 tion and decisions, and will accept and 610 South Street, Room 1035 By letter dated August 1, 1973, T. W. respond to requests, relating to the pro- New Orleans, Louisiana 70190 Wyatt Co., 405 Montgomery Street, San

FEDERAL REGISTER, VOL. 38, NO. -187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 269711

Francisco, California 94104 was advised soclated with moving a container of mill- parties no later than the close of busi- by the Federal Maritime Commission tary cargo from point of origin to oceanx ness October 15, 1973. Reply affidavits that Independent Ocean Freight For- port or from ocean port to final inland and memoranda shall be filed by the warder License No. 36 would be auto- destination. (This does not include cost Commission's Bureau of Hearing Counsel matically revoked or suspended unless a or time spent while the containers are on and Intervenors if any, no later than .valid surety bond was filed with the the vessel while in the port or at sea.) close of business October 25, 1973. Commission on or before August 30, 1973. By using the credit for "Military In- Time and date of oral argument if Section 44(c), Shipping Act, 1916, pro- land Profit"/,USL reduced Its ocean car- requested and/or deemed necessary by vides that no independent ocean freight riage costs to a level where Its rates bid the Commison will be announced at a forwarder license shall remain in force cover its fully distributed costs as re- later date. unless a valid bond is in effect and on quired by General Order 29. If the ocean It is further ordered, That a notice of file with the Commission. Rule 510.9 of carriage cost is not reduced for the credit this order be published in the FiaRAL Federal Maritime Commission General for "Military Inland Profit", the rates REcITri and that a copy thereof be Order 4, further provides that a license bid for carriage of Cargo N.O.S. and re- served upon respondent, and upon the will be automatically revoked or sus- frigerated cargo would not cover fully Commanding Officer, Military Sealift pended-for failure of a licensee to main- distributed cost and would thus be in Command, and tain a valid bond on file. violation of section 18(b) (5) of the Ship- It is further ordered, That persons Thaddeus W. Wyatt, d/b/a T. W. ping Act, 1916. other than those already party to this Wyatt Co.- has failed to furnish a valid The Commission Is seriously concerned proceeding who desire to become parties surety bond. that carriers may be tempted to avoid to this proceeding and to participate By virtue of authority vested in me by the standards of General Order 29 by therein shall file a petition to intervene the Federal Maritime Cemmission as set seeking to offset costs attributable to the pursuant to Rule 5(1) of the Commis- forth in Manual of Orders, Commission ocean carriage of military cargo by sion's rules of practice and procedure Order No. 1 (revised) § 7.04(g) (dated claiming profits on Inland carriage of (46 CFR 502.72) no later than the close May 1,1972) ; that cargo, as USL has sought to do here. of business October 5,1973. it is ordered, That Independent Ocean Such a tactic is not sanctioned by Gen- It is further ordered, That all docu- Freight Forwarder License No. 36 of eral Order 29, since General Order 29 ments submitted by any party of record Thaddeus W. Wyatt, d/b/a-T. W. Wyatt requires that the legality vel non of the in this proceeding shall be directed to Co. be returned to the Commission for rate for ocean carriage of military cargo the Secretary, Federal Maritime Com- cancellation. must be determined with regard to the mission. Washington, D.C. 20573, in an It is further ordered, That Inde- costs and revenues associated with such original and 15 copies as well as being pendent Ocean Freight Forwarder Li- ocean carriage. mailed directly to all parties of record. cense No. 36 be and is hereby revoked The CommlsIon is of the opinion that By the Commiion. effective August 30, 1973. unless USL can justify its use of profits it is further ordered, That a copy of on inland carriage of military cargo to [SEAL] FrTscis C. Huiuqy, this Order be published in the FEDERAL offset costs attributable to the ocean car- Secretary. REGISTER and served upon Thaddeus W. riage of that cargo, USL's rates bid for IPXR Doc.73-2066.Fl-ed 9-26-73;8:45 ami Wyatt, d/b/a T. W. Wyatt Co. the carriage of Cargo N.OS. and refrig- erated cargo for RFP-800 First Cycle on WM. JARuEL SmITE, Jr., MSC Routes 4 and 5 must be found to be FEDERAL POWER COMMISSION Deputy ManagingDirector. in violation of General Order 29 and [Dacket Nos. 0173-863, CI73-864, & C173-8651 [FR Doc.73-20671 lned 9-26-73;8:45 am] section 18(b) (5) of the Shipping Act, 1916, and be stricken from USL's tariff BRACKEN OIL PROPERTIES, INC. on file with the Commission. Notice Cancelling Hearing [Docket No. 73-58] Now, therefore, it is ordered, That SEr'nP r 21,1973. UNITED STATES LINES, INC. pursuant to Section 22 of the Shipping Act, 1916 United States Lines be named On August 31, 1973, an order was Is- OrderTo Show Cause respondent in this proceeding and that sued fixing a hearing in the above-desig- 10, 1973, United States Lines, Inc. (USL) Is a it be ordered to show cause why Its rates nated matters. On September common carrier by water operating inter bid for the carriage of Cargo N.O.S. and Hoover & Bracken Oil Properties, Inc. alla, between the East Coast of the refrigerated cargo for RFP-800 First filed an application to withdraw the ap- Cycle on MTSC Route Index 4 and 5 plications filed in the above matters. United States and the United Kingdom Upon consideration, notice is hereby and Europe. USL submits bids for the should not be stricken from Its tariff for failure to comply with 46 CFR Part 549, given that the hearing scheduled for Sep- carriage of military cargo pursuant to tember 27, 1973, In the above matters is the negotiated competitive procurement and section 18(b) (5) of the"Shipping system administered by the Military Act, 1916. cancelled. KENEEH. PLUMB, Sealift Command (MSC). It is further ordered, That this pro- Secretary. In response to the latest Request for ceeding shall be limited to the submis- Proposal (RFP)-800, First Cycle, Issued sion of affidavits and memoranda of law, [FR Doc.3-20614 Plied 9-26-73;8:45 aml by MSC, USL submitted bids of $11.72 replies, and oral argument. Should any per measurement ton for carriage of party feel that an evidentlary hearing IDocketW o. c0z3-9031 Cargo N.O.S. $21.32 per measurement be required, that party must accompany ton for carriage of refrigerated cargo any request for such hearing with a DOUGLAS B. MARSHALL, Er AL and $24.20 per measurement ton for car- statement setting forth in detail the facts Notice Changing Date of Hearing riage of vehicles from U.S. East Coast to be proven, their relevance to the is- ports to the-United Kingdom and Europe sues in this proceeding, and why such SEPTmER 19, 1973. on MSC Route Index 4 and 5, to be ef- proof cannot be submitted through affi- On Aug ust 314 1973, an order was is- fective during the Period July 1, 1973- davit. Requests for hearing shall be filed sued setting the above matters for hear- December 31, 1973. on or before October 15, 1973. Affidavits ing, prescribing procedures and fixing the Pursuant to § 549.4(a) of General of fact and memorandum of law shall be filed by respondent and served upon all date of hearing. Order 29 (46 CFR 549.4(a)) USL sub- notice is hereby mitted a certification that its rate bid for Upon consideration, the date of the hearing is RFP-800 First Cycle complied with the 'Although for purposes of this Order we given that changed to October 4,1973. requirements of General Order 29. In are assuming that the actual amount claimed justifying these rates, USL reduced its as "Military Inland Proflt" by USL is ac- KENN F.PL1W costs by deducting a credit for "Military curate, we are issuing a section 21 Order to Seeretary. Inland Profit", which USL defines as USL In order to determine the accuracy of that pool of revenue in excess of cost as- the figure claimed. [FR Doc./3-20626 Filed 9-26-73;8:45 aml

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEFTEMBEZ 27, 1973 26972 NOTICES

NATIONAL POWER SURVEY; TECHNICAL [Pxoject No. 2340] [Docket No. 0173-521] ADVISORY COMMITTEE ON FUELS INTERSTATE POWER CO. McCULLOCH OIL CORP. Cancellation of Meeting Filing of a Notice of Destruction, Unfitness Extension of Time The meeting of the Technical Advisory for Use, and Retirement of Essential SEPTEMBm 19, 1973. Project Property of the Dehli Generating Committee On Fuels previously an- On September 17, 1973, McCulloch O11 nounced for October 3, 1973, has been Station SEPTEMBER 20,1973. Corporation filed a request for an exten- cancelled. sion of the procedural dates fixed by KENNETH F. PLUMB, Public notice is hereby given that the .7, Secretary. Interstate Power Company of Dubuque, 'order -issued September 1973, In the' Dehli above-designated matter. The letter [FR Doc.73-20621 Filed 9-26-73;8:45 am] Iowa, Licensee for the Hydro-Elec- states that Northern Natural Gas Com- tric Project No. 2340, filed on August 29, pany supports the request. NATIONAL POWER SURVEY; TECHNICAL 1973, a "Notice of Destruction, Unfitness Upon consideration, notice is hereby ADVISORY COMMITTEE ON CONSER- For Use, And Retirement Of Essential given that the procedural dates are mod- VATION OF ENERGY Project Property of Dehli Hydro-Electric as follows: Generating Station As Minor Project ifed Agenda for Meeting Having Installed Capacity of 2,000 Horse- Direct Testimony by Applicant and Inter- project is located on veners, supporting Applicant, Septem- Agenda for meeting of the Technical power Or Less." The ber 24, 1973. Advisory Committee on Conservation of- the Moquoketa River in Delaware County, Direct Testimony and Evidence by Staff and Energy, to be held at the Federal Power Iowa. all Interveners opposing Application, Oc- Commission Offices, 825 North Capitol Licensee indicated that because of the tober 1, 1973. Street NE., Washington, D.C., at 9:30 failure of the Dehli Generator Unit No. Rebuttal testimony, October 9, 1073. 5200. 1 on September 1, 1968, the project was Hearing (unchanged), Octobe 10, 1073 a.m., October 15 and 16, 1973, Room (10 a.m., e.d.t.). 1. Weeting called to order by FPC Staff reduced to one generating unit. On June Representative. 16, 1973, the remaining Unit No. 2 was KENNETH F. PLUMB, 2. Objectives and purposes of meeting. struck by lightning causing its failure Secretary. A. Review of recommendations of Task and resulting In the discontinuance of Force on Technical Aspects. operation, and that complete rewinding IFR Doc.13-20630 Filed 9-26-73;8:45 am] B. Review of recommendations of Task of this generator and replacement of the on Practices and Standards. Force station service supply cables would be [Docket No. D-83801 0. Review of recommendations of Task necessary to again commence service. Force on Environmental Aspects. METROPOLITAN EDISON CO. D. Other business. Licensee contends that there is no 3. Adjournment. economic justification for these repairs. It Proposed Changes In Rates and Charges had previously stated In Its Application SEPTEMBER 19, 1973. This meeting is open to the public. for Surrender of this project that con- Any interested person may attend, ap- tinued operation did not effectively con- Take notice that Metropolitan Edison pear before, or file statements with the tribute significant support to its system Company (Met-Ed) on August 29, 1973, committee-which statements, if in writ- operation, reliability, or economy. tendered for filing a POWER CON- ten form, may be fled before or after Licensee proposes to dispose of all of TRACT dated July 11, 1973, applicable the meeting, or, if oral, at the time and its right, title, and interest In certain of to wholesale electric service to the Bor- In the manner permitted by the com- the real estate and remaining facilities ough of Kutztown, Pennsylvania, effec- mittee. thereon formerly constituting the proj- tive hs of the date upon which Kutz- KENNETH F. PLUrM, ect works and used In connection with town's new 69 kv step-dovm substation Secretary, the generating station which have ceased commences service. The proposed con- [F Doc.73-20622 Filed 9-26--73;8:45 am] to be electric facilities, by selling and tract contains Met-Ed's Resale Power. conveying the same to L. J. Schlitz after Service Rate RP-Revlsion 2 which be- came effective July 1, 1971. The charges NATIONAL POWER SURVEY; TECHNICAL the expiration of 90 days from the date ADVISORY COMMITTEE ON CONSER- of its Notice. billed under Resale Power Service Rate VATION OF ENERGY Any person desiring to be heard or to RP-Revislon 2 will result in an annual reduction in billing of $69,725, as com- Agenda for Meeting make protest with reference to the Notice filed by interstate Power Company In pared to the present rate for the twelve Agenda for a meeting of Technical Ad- Project No. 2340, should .on or before month period beginning July 1, 1973. rate filing has been visory Committee on Conservation of October 29, 1973, file with the Federal A copy of the Energy, to be held at the Federal Power mailed to Borough of Kutztown. Commission Offices, 825 North Capitol Power Commission, Washington, D.C. Any person desiring to be heard or to Street NE., Washington, D.C., at 9:30 20426, protests or petitions to Intervene protest said filing should file a petition a.m., October 2, .1973, Boom 5200. in accordance with the requirements of to intervene or protest with the Federal Power Commission, 825 North Capitol 1. Meeting called to order by FPC Staff the Commission's rules of practice and Representative. procedure (18 CFR 1.8 or 1.10). All pro- Street NE., Washington, D.C. 20420, In 2. Objectives and purposes of meeting. tests led with the Commission will be accordance with §§ 1.8 and 1.10 of the A. Review of Revised Draft of Report of Commission's rules of pradtlce and pro- Task Force on Technical Aspects. considered by it in determining the ap- 'cedure (18 CFR 1.8, 1.10). All such peti- B. Review of reports of Task Force on En- propriate action to be taken, but 'will not tions or protests should be filed on or be- vironmental Aspects. serve to make the protestants parties to fore September 28, 1973. Protests will be C. Other business. considerdd by the Commission in deter- 3. Adjournment. the proceedings. Persons wishing to be- come parties to the proceeding or to par- mining the appropriate action to be taken, but will not serve to make pro- This meeting is open to the public. Any ticipate as a party in this proceeding interested person may attend, appear to the proceeding. Any must file petitions to intervene in accord- testants parties before, or Me statemints with the com- person wishing to become a party must ance with the Commission's rules. The mittee-which statements, if in written file a petition to ntervene. Copies of this form, may be filed before or after the Company's Notice is on file with this file meeting, or, if oral, at the time and in Commission and available for public filing are on with the Commission public inspection. the manner permitted by the committee. inspection; and are available for KENNETH F. PLUMB, KENNETH F. PLUMB, KENNETH F. PLUMB, Secretary.' Secretary. Secretary. IFR Doc. 73-20623 Filed 9-26-73;8:45 am] [FR Doc.73-20627 Filed 9-26-73;8;45 am] [FR Doc.73-20617 Filed 9-26-73-8:45 am]

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26973

[Docket No. nP72-118] NIE., Washington, D.C. 20426 In accord- I- on file with the CommLss on and open WISCONSIN PIPE lINE CO. ance with §§ 1.8 and 1.10 of the Commis- to public inspection. MICHIGAN slon's Rules of Practice and Procedure. Applicant states that It has encoun- Proposed Changes in Rates (18 CFR 1.8 and 1.10). All such petitions tered mechanical problems downhole at SEPTEM BER 21, 1973. or protests should be filed on or before Its Spearhead Ranch Well No. 1, formerly September 27, 1973. Protests will be con- known as Anadarko Well No. 1, in Con- Take notice that on August 31, 1973, verse County, 'Wyoming, as a result of -Michigan Wisconsin Pipe Line Company sidered by the Commission in detennin- ing the appropriate action to be taken which the well could not be shut and nat- (Michigan Wisconsin) endered for filing ural gas was being flared. Applicant Third Substitute Fourth Revised Sheet but will not serve to make protestants parties to the proceeding. Any person further states it, therefore, has pro- No. 27F to its F.P.C. Gas Tariff, Second ceeded on an emergency basis to con- Revised Volume No. L This filing was wishing to become a party to the proceed- ing must file a petition to intervene. struct certain facilities nece-sary to col- subsequently revised and refied on Sep- lect this gas and prevent further waste. tember 10, 1973. So as to permit this sub- However, parties previously permitted to intervene in this proceeding need not fle Applicant seeks authorization to ex- stitute filing to be made and to become change and sell this natural gas with as of October 1, 1973, MIchigan a further petition to intervene. Copies effective of this application are on file with the CIG. Under the proposal, gas produced Wisconsin requests waiver of the Com- by Spearhead Ranch Well No. I will be mission's regulatibns. Commission and available for public inspection. delivered to McCullogh Gas Transmis- Michigan *Wsconsin states that the sion Company (McCullough) for CIG's above revised tariff sheet reflects the ef- KENNETH F. PLUM.3 Sicretary. account for transportation through ex- fect of a net increase In advance pay- isting facilities to the northern terminus ments to producers and is filed pursuant [FR Doc.73-20016 Filed 9-2C-73;8:45 am] of CIG's existing Powder River Lateral to its Settlement Agreement in Docket In Converse County. Contemporaneously No. RP72-118. [Docket N1O.RP73-1021 therewith, CIG will deliver gas equiv- Michigan Wisconsin further states that alent to 7i5 percent of the Spearhead MICHIGAN WISCONSIN PIPELINE CO. copies of the filing have been mailed to Ranch No. l's volume to Applicant at an its customers and all interested parties Extension of Time and Postponement of existing point of interconnection near in Docket No. RP72-118. Prehearing Conference and Hearing Green River, Wyomlng, and CIG will re- desiring to be heard or to Any person SrErmwR 19, 1973. tain and purchase an amount equivalent protest said filing should file a petition to 25 percent of the volume. As stated to intervene or protest with the Federal On August 20, 1973, Mi1chIgan Wiscon- sin Pipeline Company filed a motion for in the application CIG is required to Power Commission, Washington, D.C. reimburse Applicant for the costs of a postponement of the prehearing con- 20426, In accordance with §§ 1.8 and rI0 treating the gas for removal of impurities of the Commission's rules of practice and ference. On August 30, 1973, Staff Coun- and transporting the gas purchased by sel filed a motion for an extension of the procedure (18 CFR 1.8, 1.10). All such CIG from the source of supply to the procedural dates fixed by the order issued petitions or protests should be filed on point of delivery to McCullough for or before September 28, 1973. Protests May 30, 1973, in the above-designated CIG's account at four cents per Mfcf, matter. The motion states that there will-be considered by the Commission in while Applicant is to reimburse CIG for determining the appropriate action to be were no objections to the proposed dates. Upon consideration, notice is hereby the portion of McCullough's transporta- taken, but will not serve to make protest- tion charges attributable to the volumes ants parties to the proceeding. Any per- given that the procedural dates In the of gas retained by Applicant. Total vol- son wishing to become a party must file above matter a5re modified as follows: umes involved are estimated to average a petition to intervene. Copies of this fl- Service of Staff testimony. October 10, 1973. initially 8,000 Mcf per day. Under the ing are on file with the Commission and Prehebxing Conference, November G, 1973 provisons of the agreement between Ap- are available for public inspection. (10 a=, e.d.t.). Service of Intervener's Teotliony, Novem- plicant and CIG dated July 5, 1973, pro- KENNETH F. PLUM, ber 15, 1973. viding for the subject exchange, fied Secretary. Service of Company rebuttal, November 26, concurrently by CIG, certificate Appli- 1973. cant In Docket No. CP7'4-62, the price [FR Doc.72-20615 Yaed 9-26-73;8:45 am] Hearing, December 11, 1973 (10 am., e.&t.). for the first year shall be as follows: KENNETH F. PLUMBl Price [Docket No. nP72-118] Secretary. (cent3 per MICHIGAN, WISCONSIN PIPE LINE CO. [FR Doc.73-20628 Filed -2C-73;8:45 am] Depth of well: Mcfl 0 to 15.000 feet__...... 40 Proposed Changes in Rates and Charges 15.000 to 19.000 feet___.. 45 SEPTEmBm 21, 1973. [Docket No. CP74-04] elow 19.000 ee...... so Take notice that on August 31, 1973, MOUNTAIN FUEL SUPPLY CO. For each successive twelve-month period Michigan Wisconsin Pipe Line Com- Application or Ir the Alternative Request the price shall increase one cent per Mf pany (Michigan Wisconsin) tendered for Disclaimer of Jurisdiction above the applicable price listed above Third Substitute Fourth Revised Sheet for the life of the agreement. The term No. 27 to its FPC Gas Tariff, Second Re- Sr'mmnR 21, 1973. of the contract Is stated as five years vised Volume No. 1. proposing to increase Take notice that on September 6, 1973, from the month following initial delivery the commodity component of its two part Mountain Fuel Supply Company (Ap- and from year-to-year thereafter unless rates and the total of its single part rates plicant), 180 East First South Street, terminated by either party upon six by 1.50 per Mcf, effective as of Octo- Salt Lake City, Utah 84111, filed In Doc- months written notice. ber 1, 1973- The company states that the ket No. CP74--64, an application pursuant Applicant states that due to the geo- change relates to advance payments for to Section 7(c) of the Natural Gas Act graphically removed nature of Spear- gas as of October 1, 1973 and is made for a certificate of public convenience head Ranch Well No. 1 from Applicant's pursuant to Articles IV andV of the Stip- and necessity authorizing the sale of nat- transmission and distribution facilities ulation and Agreement approved by ural gas to, and the exchange of nat- It has had to construct certain facilities Commission order issued July 24, 1973, ural gas with Colorado Interstate Gas in order to effect the proposed exchange in this proceeding. Company, a division of Colorado Inter- and sale. The application details these Copies of the filing have been mailed state Corporation (CIG), and for -a facilities as 13 miles of 10-inch pipeline to Michigan Wisconsin's customers and disclahmr of Jurisdiction as to the con- and appurtenant facilities from the interested state commissions. Spearhead Ranch Well No. 1 to the point Any persons desiring to be heard or to struetion and operation of certain facil- of interconnection with McCullough's 16- protestsald application should file a peti- ities for use therewith, or, in the alterna- Inch transmission line. Applicant main- tion to intervene with the Federal Power tive, authorization therefor, all as more lains these facilities, which are all within Commission, 825 North Capitol Street fully set forth In the application which Converse County and used to deliver gas

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMISE 27, 1973 No, 187-Pt. 1-12 26974 NOTICES to a point of interconnection with MeCul- contained in Volume No. 4. Northern field, Windsor, Bradford, Bennington, lough within the same county, perform further states that the basis for the filing Brattleboro, St. Johnsbury, St. Albans, solely a gathering function incident to of the increased rates is to recover in- Woodstock and 163 other towns and vil- the production of natural gas, and as creased gas costs for purchases from the lages in Vermont. Vermont Electric such, are facilities which Section l(b) Colorado Interstate Gas Company, the Power Company, Inc. engages In the op- of the Natural Gas Act exempts from source of gas for the sales under these eration of a transmission system which the Commission's certificate jurisdiction. tariffs. Finally, Northern states that such interconnects the electric utilities In the Applicant requests the Commission to increased costs relate to charges in- State of Vermont. It Is also engaged in disclaim jurisdiction over such facilities, curred prior to the implementation of the business of purchasing bulk power or In the alternative, issue a certificate the purchased gas adjustment clause now for resale to Central Vermont Public authorization for the same. a part of Tariff Volume No. 4. Service Corporation and the other elec- Any person desiring to be heard or to Any person desiring to be heard or to tric utilities In the State. make any protest with reference to said protest said application should file a peti- Any person desiring to be heard or to application should on or before Octo- tion to intervene or protest with the Fed-" make any protest with reference to said ber 15, 1973, file with the Federal Power eral Power Commission, 825 North application should on or before Octo- Commission, Washington, D.C. 20426, a Capitol Street, NE., Washington, D.C. ber 3, 1973, file with the Federal Power petition to intervene or a protest in ac- 20426, in accordance with Sections 1.8 Commission, Washington, D.C. 20426, cordance with the requirements of the and 1.10 of the Commission's rules of petitions to intervene or protests in ac- Commission's rules or practice and pro- practice and procedure (18 CFR 1.8, cordance with the requirements of the cedure (18 CPR 1.8 or 110) and the reg- 1.10). All such petitions or protests Commission's rules of practice and pro- ulations under the Natural Gas Act (18 should be filed on or before October 5, cedure (18 CFR 1.8 or 1.10). All protests CPR 157.10). All protests filed with the 1973. Protests will be considered by the filed with the Commission will be consid- Commission will be considered by it in Commission in determining the appro- ered by It In determining the appropriate determining the appropriate action to be priate action to be taken, but will not action to be taken but will not serve to taken but will not serve to make the pro- serve to make protestants parties to the make the protestants parties to the pro- testants parties to the proceeding. Any proceeding. Any person wishing to be- ceeding. Persons wishing to become par- person wishing to become a party to a -come a party must file a petition to in- ties to the proceeding or to participate proceeding or to participate as a party tervene. Copies of this application are on as a party in any hearing therein must in any hearing therein must file a peti- file with the Commission and are avail- file petitions to intervene in accordance tion to intervene in accordance with the able for public inspection. with the Commission's rules. The appli- Commission's rules.. cation is on file with the Commission and Take further notice that, pursuant to KENNETH F. PLUMB, available for public inspection. the authority contained in and subject Secretary. to the jurisdiction conferred upon the [PR Doc.73-20631 Piled 9-26-'73;8:45 am] KENNETH F. PLUMB, Federal Power Commission by Sections 7 Secretary. and 15 of the Natural Gas Act and the [FR Doc.'73-20625 Fled 9-26-73;8:45 am] Commission's rules of practice and pro- [Docket No. RP72-127] cedure, a hearing will be held without NORTHERN NATURAL GAS CO. [Docket No. RP73-94] further notice before the Commission on this application if no petition to inter- NoticeDeferring Procedural Dates VALLEY GAS TRANSMISSION, INC. vene is filed within the time required SEPTEMBER -19, 1973. Submission of Settlement Agreement herein, If the Commission on its own re- On September 13, 1973, Staff Counsel SEPTEMBER 19, 1973. view of the matter finds that a grant of filed a motion for an extension of the the certificate is reqigjired by the public On September 10, 1973, Valley Gas procedural dates fixed by notice issued Transmission, Inc. (Valley) submitted to convenience and necessity. If a petition July 6, 1973, pending disposition of the for leave to intervene is timely filed, or the Presiding Administrative Law Judge proposed Stipulation and Agreement for certification, at a prehearing confer- If the Commission on its own motion be- filed in this proceeding and Docket No. lieves that a formal hearing is required, ence convened in this matter pursuant to RP71-107 (Phase I1) on January 11, 1973. a notice Issued by the Secretary on Au- further notice of such hearing will be Upon consideration, notice Is hereby duly given. gust 31, 1973, a "Motion to Terminate given that the procedural dates In the Proceeding" and an accompanying "Stjp- Under the procedure herein provided above-designated matter are deferred for, unless otherwise advised, it will be ulation and Agreement." pending further order of the Commis- In the Motion, Valley states that the unnecessary for Applicant to appear or be sion. represented at the hearing. parties have reached agreement, as re- KENNETH'F. PLUMB, flected in the "Stipulation and Agree- KENETH F. PLUMB, Secretary. ment," and that Valley's rates as filed Secretary.. [PR Doc.'73-20632 Piled 9-26-73;8:45 am] are supported by Valley's cost of servico [FR Doc.73-20629 Piled 9-26-73;8:45 am] and are therefore just and reasonable. Valley requests that [Docket No. the proceeding In ID-1707] this docket be terminated and that Val- [Docket No. RP74-12] R. DEWITT MALLARY ley's rates as filed be approved. NORTHERN NATURAL GAS CO. Notice of Application Any person desiring to comment upon Proposed Change in Rates SEPTEMBER said application should file comments 19, 1973. with the Federal Power Commission, 825 SEPTEMBER 19, 1973. Take notice that on August 2, 1973, North Capitol Street NE., Washington, Take notice that on August 31, 1973, R. DeWitt Mallary (Applicant), filed an D.C. 20426, in accordance with §§ 1.8 and Northern Natural Gas Company (North- initial application pursuant to Section 1.10 of the Commission's rules of practice ern) filed for an increase in its wholesale 305(b) of the Federal Power Act, seeking and procedure (18 CFR 1.8, 1.10), All rates as a part of its Gas Tariff, Original authority to hold the positions of Direc- such comments should be filed on or be- Volume No. 4, described as: tor of Central Vermont Public Service fore September 28, 1973. Comments will Corporation and Vermont Electric Power Plrst Revised Sheet No. 3a be considered by the Commission In de- Company, Inc. termining the appropriate action to be The proposed effective date for the sub- - The principal business of Central Ver- taken. Copies of the settlement agree- mitted tariff sheet is October 16, 1973. mont Public Service Corporation is the ment are on file with the Commission and Northern states that the revised tariff generation and purchase of electric en- are available for public Inspection. sheet provides for a rate increase of 5.430 ergy and its transmission, distribution and sale for light, power, heat and other KENNETH F. PLUMB, per Mcf in the GS-1, IS-1 and I-1 rateg, purposes to about 83,400 customers in Secretary. which are the three wholesale schedules Middlebury, Randolph, Rutland, Spring- [FR Doc.73-20618 Filed 9-2O-73,8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26975

[Docket No. CP74-821 tial delivery and from year-to-year Bank Is to be merged has no significance COLORADO INTERSTATE GAS CO. thereafter unless terminated by either except as a means to facilitate the acqui- party upon six months written. notice. sition of the voting shares of Bank. Ac- N6tice of Application Applicant further requests authoriza- cordingly, the proposed acquisition of shares of the successor organization is SEm ER 20, 1973. tion for the operation of a temporary meter station constructed at the inter- treated herein as the proposed acquisi- Take notice that on September 4, 1973, connection of Mountain Fuel and Mc- tion of shares of Bank. Colorado Interstate Gas Company, a Culloch's pipelines to measure exchange Notice of the application, affording op- division of Colorado Interstate Corpora- and purchase volume. The estimated portunity for interested perons to sub- tion (Applicant), P. 0. Box 1087, Colo- cost of the facility Is $33,048, which will mit comments and views, has been given rado Spring, Colorado 80944, filed in be financed by Applicant from current in accordancewith I 3(b) of the Act. ne Docket No. CP74-62, an application pur- working funds on band. time for filing comments and views has suant to Section 7(d) of the Natural Gas Applicant states that the instant pro- expired, and none were received. The ap- Act for a certificate of -public conven- posal is necessary to enable it to meet plication has been considered in light of ience and necessity authorizing the ex- the need for additional gas supplies to the factors set forth in section 3(c) of change of natural gas with the Mountain serve existing customers. the Act (12 U.S.C. 1842(c)). Fuel Supply Company (Mountain Fuel) Any person desiring to be heard or to Applicant controls three banks, with and the construction and operation of a make any protest with reference to said aggregate deposits of $1A billion, repre- purchase and exchange meter station in application should on or before October senting 1.3 percent of total deposits in the Anadarko -Fox Area in Converse 15, 1973, file with the Federal Power commercial banks In New York. and is County, Wyoming, for use therewith, all the fourteenth largest banking organiza- Commi ion, Washington, D.C. 20420, a 1 as more fully set forth In the application petition to intervene or a protest In ac- tion in the State. Acquisition of Bank which is on fle with the Commission and cordance with the requirements of the (deposits of $16.7 million) would increase open to public Inspection. CommissIon's rules of practice and pro- Applicant's share of Statewide deposits Applicant states that on or about Au- cedure (18 CFR 1.8 or 1.10) and the by only 0.02 of one percentage point and gust 27, 1973, pursuant to § 157.22 of the regulations under the Natural Gas Act would not alter Applicant's ranking regulations under the Natural Gas Act (18 CFR 157.10). All protests filed with among the State's banking organizations (18 CPR 157.22), Applicant entered into the Commission will be considered by It and bank holding companies. The pro- emergency operations in conjunction n determining the appropriate action to posed acquisition represents Applicant's with Mountain Fuel and McCulloch In- be taken but will not serve to make the initial move into the Seventh Banking terstate Gas Corporation (McCulloch) protestants parties to the proceeding. Ditrict. to prevent the continued waste of natural Any person wishing to become a party Bank is the second largest of three . gas as a result of difficulties Mountain to a proceeding or to participate as a banks competing in the market consist- Fuel was encountering with its Anadarko party in any hearing therein must file a Ing of Cortland County and holds about Fox Well No. 1 located in the Powder petition to intervene in accordance with 22.3 percent of the total commercial River Basin in Converse County. Appli- the Commission's rules. bank deposits therein Bank has one cant states that mountain Fuel is pres- Take further notice that, pursuant to branch oMce in Cortland. ently producing about 1,200 barrels of the authority contained n and subject to The nearest office of a subsidiary of oil per day and flaring about 4,000 Mf the jurisdiction conferred upon the Fed- Applicant, the De Ruyter branch of Frst of gas per day from this well and that eral Power Commission by Sections 7 and Trust and Deposit, Co, is 19.2 miles from the proposed exchange is necessary to 15 of the Natural Gas Act and Commis- an offce of Bank and is n a different prevent further flaring and wastage of sion's rules of practice and procedure, a Banking District. Thereis no meaningful gas. hearing will be held without further no- competition between these offices or be- Under the proposal gas produced by tice before the Commission on this ap- tween Bank and any other of Applicant's the Anadarko Fox Well No. 1 will be plication if no petition to intervene Is subsidiary offices. Moreover, it is unlikely -delivered to McCulloch for Applicant's filed within the time required herein. If that any substantial amount of compe- account for transportation through exist- the Commission on its own review of the tition would develop in the future. Appli- ing facilities to the northern terminus matter finds that a grant of the certifi- cant's subsidiaries are precluded from of Applicant's existing Powder River cate is requiredby the public convenience branching into the Seventh Bankin g Dis- Lateral in Converse County. Contempor- and necessity. If a petition for leave to trict until January 1, 1976, by State re- aneously therewith, Applicant will de- intervene Is timely filed, or If the Com- strictions on branching. In addition, it liver gas equivalent.to 75, percent of the mission on its own motion believes that appears unlikely that Applicant would Anadarko Fox volume to Mountain Fuel a formal hearing is required, further no- establish a new bank In Cortland County, at an existing point of interconnection tice of such hearing will be duly given. since the area is not characterized by near Green River, Wyoming, and will re- Under the procedure herein provided rapid growth and the ratio of population tain and purchase an amount equivalent for, unless otherwise advised, It will be to banking offices in the county is signif- to 25 percent of the volume delivered by unnecessary for Applicant to appear or icantly lower than that in the State. McCulloch. McCulloch will charge AP- be represented at the hearing. Although approval of this application plicant for the transportation of the total might tend to raise some slight barriers volume with reimbursement to Applicant BE=TH F. PL.UM, to entry, since only one independentbank by Mountain Fuel for that portion of Sccretary. would remain in the market, It would re- the transportation charge attributable to [FR Doc.73-20624 Filed 9-20-73;8:45 am] move home office protection from the the exchange volumes. Total volumes in- town of Homer and other banks in the volved are expected to average initially FEDERAL RESERVE SYSTEM Seventh Banking District could then 8,000 Mcf per day. The agreement be- branch into Homer. Furthermore, con- tween Applicant and Mountain Fuel FIRST COMMERCIAL BANKS, INC. summation of the proposed acquisition dated July 5, 1973, providing for the sub- Order Approving Acquisition of Bank could have a procompetitive effect since ject exchange as stated in the applica- Bank would be better able to compete tion, provides that the price for the first First Commercial Banks, Inc., Albany, with the two other commercial bank in year is as follows: N.Y., a bank holding company within the Prie meaning of the Bank Holding Company (cents Act, has applied for the Board's approval I Deprot and marht da+a are as of Decem- Depth of well: per Mc) under section 3(a) (3) of the Act (12 ber 31, 1972. and June 39, 1972, resPectvely. U.S.C. 1842(a) (3)) to acquire all of the sUnder State law, a bank 13 prohibited 0 to 15,000 feet ------40 from openLng a branch in a clt or village ------45 15.000 to 19.000 feet voting shares (less directors' qualifying with a popula±t1z3n of seventy-five thousand Below 19,000 feet ------50 shares) of the successor by merger to or less In. which is lccated the principal offc The term of this agreement is stated as The Homer National Bank, Homer, New of another hank other than a bank holding five years from the month following li- York ("Bank"). The bank Into which company or a banking subsidiary theof.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPEMBER 27, 1973 26976 NOTICES the market, one a holding company sub- total commercial bank deposits in the Applicant controls two nonban'dng sidiary and the other a substantially State, and is the largest banking organi- subsidiaries, Norlen Life Insurance Co,, larger independent bank. Accordingly, it zation in Tennessee. (Banking data are Phoenix, Arizona, and Investors Mort- is concluded that consummation of the as of December 31, 1972, adjusted to re- gage Service, Inc., Memphis, Tennessee, proposed acquisition would not have any flect holding company formations and which were acquired on October 21, 1960, significant adverse effect on existing or acquisitions approved by the Board and on January 17, 1969, respectively. potential competition in any relevant through May 31, 1973.) The acquisition Norlen Life Insurance Company reinsures area. of Bank ($15 million in deposits) would underwriters of credit life Insurance, and The financial and managerial resources increase Applicant's share of the total Investors Mortgage Service, Inc., Is a and future prospects of Applicant, its State deposits by only 0.1 percent and mortgage broker which manages real es- subsidiary banks, and Bank are satisfac- would not result in any significant in- tate for others and develops real estate. tory and consistent with approval of the crease in the concentration of banking Investors Mortgage Service, Inc., owns application. Considerations relating to resources in Tenessee. two subsidiaries, Griffen Mortgage Co,, the convenience and needs of the com- Bank, the smallest of four banks in a mortgage broker acquired on Decem- munity to be served lend weight toward the relevant market (approximated by ber 4, 1969, and Investors Service, Inc., approval. Affiliation with Applicant will Madison County), holds 8.6 per cent of a real estate developer acquired on Jan- permit Bank to offer additional services total market deposits. The three largest uary 8, 1970. including credit card, investment advi- banks each control approximately 36, 29 In approving this application, the sory, and trust services. It is the judg- and 26 per cent, respectively. The Board Board finds that the combination of an ment of the Federal Reserve Bank of concludes that acquisition of Bank would additional subsidiary bank with Appli- New York that the proposed acquisition not have significantly adverse effects on cant's existing nonbanking subsidiaries would be in the public interest and that any competing bank. is unlikely to have an adverse effect upon the application should be approved. Applicant's banking subsidiary near- the public interest at the present time. On the basis of the record, the appli- est to Bank is approximately 50 miles However, Applicant's banldng and non- cation is approved for the reasons sum- away. The distances between Bank and banking activities remain subject to marized above. The transaction shall not Applicant's subsidiaries preclude signifi- Board review and the Board .retains the be consummated (a) before the thirtieth cant present competition between them. authority to require Applicant to modify calendar day following the effective date Furthermore, due to the distances in- or terminate Its nonbanking activities of this Order or (b) later than three involved and Tennessee's restrictive or holdings if the Board at any time de- months after the effective date of this branching laws, there is little probability termines that the combination of Ap- Order, unless such period is extended for of substantial future competition devel- plicant's banking and nonbanking ac- good cause by the Board, or by the Fed- oping between any of Applicant's sub- tivities is likely to have adverse effects eral Reserve Bank of New York pursuant sidiaries and Bank. The Board concludes on the public interest. to delegated authority. that competitive factors are consistent On the basis of the record, the appli- By order of the Federal Reserve Bank with approval. cation Is approved for the reasons sum- of New York, acting for the Board of Considerations relating to the finan- marized above. The transaction shall not Governors of the Federal Reserve Sys- cial and managerial resources and fu- be consummated (a) before the thirtieth tem pursuant to delegated authority, ef- ture prospectus of Applicant, its subsidi- calendar day following the effective date fective September 17, 1973. ary banks, and Bank are satisfactory of this Order or (b) later than three [SEAL] THorAs M. TnlLEN, Jr., and consistent with approval of the ap- months after the effective date of this Senior Vice -President, plication. There is no evidence that basic Order, unless such period Is extended for FederalReserve Bank of New York. banking needs of the area are currently good cause by the Poard, or by the Fed- not being satisfied by existing banks. eral Reserve Bank of St. Louis pursuant [FR Doc.73-20537 Filed 9-26-73;8:45 am] Applicant proposes to make available to to delegated authority. Bank the services of its specialized per- sonnel in the fields of mortgage lending, By order of the Board of Governors," FIRST TENNESSEE NATIONAL CORP. international banking, and accounts re- effective September 18, 1973. Order Approving Acquisition of Bank ceivable financing. Considerations relat- [SEAL]' CHESTER B.'FELDBERa, First Tennessee National Corp., Mem- ing to the convenience and-needs of the Secretary of the Board. phis, Tenn., a bank holding company community to be served are consistent [FB, Doc.73-20538 Filed 9-20-73,8:46 amI within the meaning of the Bank Holding with approval of the application. It is Company Act, has applied for the Board's the Board's judgment that consumma- approval under § 3(a) (3) of the Act (12 tion of the proposed acquisition would HANCOCK-GROUP, INC. U.S.C. 1842(a) (3)) to acquire all of the be in the public interest and that the Formation of Bank Holding Co. voting shares -of the successor by merger application should be approved.' to the Jackson State Bank, Jackson, The Hancock Group, Inc., Quincy, Tenn. ("Bank"). The bank into- which 'Objections to the application were re- Mass., has applied for the Board's ap- Bank is to be merged has no significance ceived from a competing bank and an indi- proval under section 3 (a) (1) of the Bank vidual shareholder of Bank ("Protestants"). except as a means to facilitate the acqui- Protestants' primary contention appears to Holding Company Act (12 U.S.C. 1842 (a) sition of the voting shares of Bank. Ac- be that Applicant's acquisition will result cordingly, the proposed acquisition of in the local market being glutted with facili- shares of the successor organization is away from this community. The Board re- ti and services not presently required by gards the ability of a bank holding company treated herein as the proposed acquisi- the community and that the independent system to marshal resources and supply them tion of the shares of Bank. local banks will find it increasingly unprofit- where needed as a benefit of the holding Notice of the application, affording op- able to meet such competition. The Board company structure. Protestants' argument finds thlg argument highly conjectural and that Applicant would channel the funds in portunity for interested persons to sub- believes it does not support h finding that mit comments and views, has been given consummation of the proposal would have a a manner detrimental to the Jackson coin- in accordance with section 3(b) of the munity Is speculative and seors unperoua- significant adverse effect on competing sive, particularly In the view of the fact that Act. The time for filing comments and banks; indeed, Protestants concede that the Applicant will retain local management re- views has expired, and the Board has competing banks are well-established, ag- sponsive to the needs of the community. considered the application and all com- gressive, and growing. The objection appears Furthermore, the Board has no evidence that ments received in light of the factors set essentially to reflect a preference for nonaffil- in the past Applicant has caused Its sub- iation of independent banks with bank hold- forth in section 3 (c) of the Act (12 U.S.C. ing companies. One of the Protestants also sidiaries to channel to its load bank funds 1842(c)). needed in the local community. contends that the acquisition would result in 'Voting for this action: Chairman Burna Applicant controls eight banks with a centralization of, economic strength into and Governors Mitchell, Daan, Shcohan, aggregate deposits of approximately $1.2 Memphis, where Applicant's lead bank is lo- Bucher, and Ifolland. Absent and not voting: billion, representing 11.5 percent of the cated, and that local funds would be drained Governor BrImmer.

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 2 697T (1)) to become a bank holding company currently operates two offices In the City -6OUTHERN BANCORPORATION, INC. through acquisition of 100 percent of the of Northampton, with a population of Order Approving Formation of Bank Hold- voting shares of Hancock Bank and approximately 30,000. Northampton is ing Co. and Acquisition of World Accept- Trust Co., Quincy, Mass. The factors that located on the northern periphery of the ance Corp., Piedmont Premium Service, are considered in acting on the'applica- Springfleld-Chicopee-Holyoke SMSA, In Inc., and SBT Real Estate, Inc. tion are set forth in § 3(c) of the Act which Bank ranks seventh of thirteen (12 U.S.C. 1842(c)). commercial banks and controls 2.5% of Southern Bancorporation, Inc., Green- The application may be inspected at total market deposits (data as of Decem- ville, S.C., has lipplied for the Board's ap- the office of the Board of Governors or at ber31,1972). pro al under section 3(a) (1) of the Bank the Federal Reserve Bank of Boston. Any Applicant's banking office closest to Holding Company Act (12 U.S.C. 1842 person wishing to coimnent on the appli- Bank is located 36 miles away in Berk- (a) (1)), for the formation of a bank cation should submit his views in writing shire County. All of Applicant's subsidi- holding company through acquisition of to the Reserve Bank, to be received not ary banks operate In markets separate 100 percent of the voting shares of Cres- later.than October 8, 1973. and distinct from the Springfield SMSA. cent Bank and Trust Company, Green- Further, It Is unlikely that competition ville, S.C., the successor by merger to Board of Gojernors of the Federal Re- Southern Bank and Trust Company, serve System, September 19, 19.73. would develop between Applicant and Bank in the future. Because Massachu- Greenville, South Carolina (Bank). The SESAI THEODORE E. ALrisoN, setts law restricts branch banking to the bank into which Bark Is to be merged Assistant Secretary of the Board. home office county, Applicant's existing has no significance except as a means to facilitate the acquisition of the voting [FR Doc.73-20539 Filed 9-26-73;8-45 am] subsidiaries cannot establish de novo branches in Hampshire County. More- shares of Bank. Accordingly, the pro- over, the Northampton area Is not par- posed acquisition of shares of the succes- MULTIBANK FINANCIAL CORP. sor organization is treated herein as the ticularly attractive for entry via estab- proposed acquisition of the shares of Order Approving Acquisition of Bank lishment of a de novo bank because of Its static economy and population. Approval Bank. Multibank Financial Corp., Boston, of the proposed transaction will have no At tha same time, Applicant has ap- Massachusetts, a bank holding company adverse competitive effects. plied In separate applicatiox-s for the within the meaning of the Bank Holdihg The financial and managerial resources Board's approval, under section 4(c) (8) Company Act, has applied for the and prospects of Applicant and Its exist- of the Act (12 U.S.C. 1843(c)(8)) and Board's approval under section 3(a) (3) ing .subsidiary banks are satisfactory, § 225.4(b) (2) of the Board's Regulation of the Act (12 U.S.C. 1842(a) (3)) to ac- particularly in view of Applicant's com- Y, to acquire all of the voting sharez of: quire 80 percent or more of the voting mitment to Inject equity capital into sev- (1) Taylor Acceptance Corporation, the shares of the Northampton National eral subsidiary banks and to strengthen successor by merger to World Acgeptance Bank, Northampton, Massachusetts management at the holding company Corp. (World Acceptance); (2) Para- ("Bank"). level. The financial and managerial re- mount Premium Service, Inc., the succes- Notice of the application, affording op- sources of Bank are considered to be sor by merger to Piedmont Premium portunity for interested persons to sub- satisfactory. Although Bank's future Service, Inc. (Piedmont Premium); and mit comments and views, has been given prospects are considered good, recent (2) Sobanco Properties, Inc., the succes- in accordance with section 3(b) of the bank holding company affilliations in the sor by merger to SBT Real Estate, Inc. Act. The time for filing comments and served to intensify competi- (SBT); all located In Greenville, S.C. "views has expired and none has been area have World Acceptance engages in the acti- tion. Affiliatioh with Applicant will pro- vities of making received. The Federal Reserve Bank of vide Bank with additional management consumer finance loans Boston has considered the application in depth and greater financial resources and, in the States of Georgia and South the light of the factors set forth in sec- which should improve Bank's prospects. Carolina, also acting as agent for the sale tion 3(c) of the Act (12 U.S.C. 1842(c)). It is the Reserve Bank's judgment that of credit related life, accident and dis- Applicant -has five subsidiary banksI banking factors are consistent with, and ability insurance, and credit related and is the sixth largest banking organi- property and casualty insurance issuedin lend some weight In support of, approval connection zation and -bank holding company in of the application. with extensions of credit by Massachusetts, with aggregate deposits There is no evidence in the record ro World Acceptance's consumer finance of $464.8 million representing 3.64 per- indicate that the convenience and needs offices. Piedmont Premium provides loan cent of total deposits of commercial financing for the payment of casualty of the community are not being ade- insurance premiums under banks in the state.' Acquisition of Bank quately served by existing institutions. premium (deposits of approximately $16.9 million) service agreements. SBT, through its However, Applicant has stated Its inten- ownership of all the outstanding stock will have a nominal effect on state-wide tion to provide or improve Bank's services concentration, and would increase Ap- in areas of equipment leasing, accounts of Sunland Life Insurance Company, plicant's share -of commercial bank de- receivable financing and real estate fi- Phoenix, Arizona (Sunland Life), acts as posits in Massachusetts by .13 petcent. reinsurer for credit life, accident and nancing. The convenience and needs fac- health insurance directly related to ex- Applicant's ranking would be unchanged tors are consistent with, and lend some as there Is a considerable disparity In weight toward, approval of the applica. tensions of credit. Such activities have size between Applicant and the five tion. been determined by the Board to be larger, Boston-based bank holding com- On the basis of the record, the appli- closely related to banking (12 CFR 225.4 panies, each of which controls deposits cation is approved for the reasons sum- (a) (1), (9),'and (10)). in excess of $1 billion. The proposed ac- marized above. The transaction shall not Notice of receipt of the applications quisition is part of an aggressive state- be consummated (a) before the thirtieth has been given in accordance with sec- wide expansion program by Applicant, calendar day following the date of this tions 3 and 4 of the Act, and the time which has acquired four banks in less Order or (b) later than three months for filing comments and views has ex- than two years.' after the date of this Order, unless such pired. The Board has considered the Bank is the second largest of six com- applications and all comments received period is extended for good cause by the In the light of the factors set forth in mercial banks located in Hampshire Board or by this Fe4eral Reserve Bank section 3(c) of the Act (12 U.S.C. 1842 County, in western Massachusetts. Bafik pursuant to delegated authority. (0)), and the considerations specified in By order of the Federal Reserve Bank section 4(c) (8) 'of the Act (12 U.S.C. I On August 31, 1973, Applicant received of Bcston, acting pursuant to delegated 1843(c) (8)). approval by the Board to acquire B. . C. authority for the Board of Governors of Applicant Is a nonoperating corpora- Durfee Trust Company, Fall River. Massa- the Federal Reserve System, effective tion formed for the purpose of becoming chusetts (deposits of $63 million). September 18, 1973. a bank holding company. Bank is the All banking data are as of June 30, 1973. [SEAL] FRmm E. Monmus, slxth largest banking organization in sApplicant has also announced plans to President. acquire Security National Bank of Spring- South Carolina, with deposits of approxi- field (deposits of $26A million). [FR Doc.73-20541 Filed 9-2G-73;8:45 am] mately $118 million, and upon Board

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26978 NOTICES approval would become the fourth largest certain credit life, accident and health restraint Is reasonably calculated to protoot bank holding company in the State, con- insurance directly related to extensions the legitlimate Interest of the purchaser In trolling 3.7 percent of total commercial of credit by Bank. The ownership of what he has purchased, or whether It goes bank deposits In South 1 so far beyond what Is necessary as to provide Carolina. Con- shares of a company engaged in holding a basis for the Inference that its real purpose summation of the proposal herein would or operating properties used wholly or is the fostering of monopoly. neither alter existing banking competi- substantially by any banking subsidiary tion nor significantly affect potential of a bank holding company s permissible There is no evidence in the record in- competition and would not result in an under section 4(c) (1) (A) of the A(t dicating that consummation of the pro- increase in the concentration of banking without the need for prior Board ap- posal would result in any undue concen- resources In any relevant area. proval. Accordingly, this Order considers tration of resources, unfair competition, Considerations relating to the financial only the proposed insurance underwrit- conflicts of Interest, or unsound banking and managerial resources and future ing activities of SBT. As of December 31, practices. prospects of Applicant and Bank appear 1972, SBT had total assets of $845,000, Approval of the applications would to be satisfactory and consistent with of which $145,000 represented invest- give World Acceptance access to Appli- approval. Considerations relating to the ment in*the underlying equity of its in- cant's financial resources and enhance convenience and needs of the communi- surance subsidiary-and for the year end- World Acceptance's competitive effec- ties involved, with respect to the acquisi- ing that same date, SBT received gross tiveness, Based upon the foregoing and tion of Bank, are consistent with ap- premiums of $530,000. Approval of Appli- other considerations reflected in the rec- proval. It is the Board's judgment that cant's proposed acquisition does not ap- ord, the Board has determined that the consummation of the transaction would -pear to eliminate any competition in the considerations affecting the competitive be in the publiCinterest and that the underwriting of credit life and disability factors under section 3(c) of the Act and acquisition- of Bank should be approved. insurance. the balance of the public interest factors World Acceptance has total assets of In adding credit life underwriting to the Board must consider under section $6 million, and net loan receivables of the list of permissible activities for bank 4(c) (8) are favorable and that consum- $5.6 million, as of December 31, 1972. It holding companies, the Board stated mation of these proposals would be In operates 49 consumer finance offices, 19 that, "To assure that engaging in the the public interest. of which are in South Carolina, 17 in underwriting of credit life and credit Accordingly, the applications are ap- Georgia,' and 13 in Texas. Applicant's accident and health insurance can rea- proved for the reasons summarized banking subsidiary has eight offices lo- sonably be expected to be in the public above. The acquisition of Bank shall not cated in the relevant market area, which interest, the Board will only approve ap- be consummated (a) before the thirtieth is the Greenville-Pickens SMSA. In that plications in which an Applicant dem- calendar day following the effective date market, World Acceptance operates five onstrates that approval will benefit the of this Order, or (b) later than three consumer finance offices. However, World consumer or result in other public bene- months after the effective date of this Acceptance is not a large factor in the fits. Normally such a showing would be Order; and the acquisitions of World small personal loan market as its market made by a projected reduction in rates Acceptance, Piedmont Premium, and share is less than 1 percent, represented or increase in policy benefits due to bank SBT shall be consummated not later by outstandings of $800,000, as of De- holding company performance of this than three months after the effective cember 31, 1972. Competing in the same service." Applicant has committed itself, date of this Order, unless such three market are 58 consumer finance- com- within 30 days following consummation month periods are extended for good panies with 76 offices and 11 other com- of the proposed acquisition, to reduce cause by the Board or by the Federal mercial banks with 63 offices. Neither the rates charged by Sunland Life to its Reserve Bank of Richmond pursuant to Bank nor World Acceptance is dominant policy holders by 15 percent on all credit delegated authority. The determinations in the relevant market. Considering the -life insurance policies, and by 5 percent as to the activities of World Acceptance, large number of lending alternatives, the on all credit accident and health insur- Piedmont Premium, and SBT is subject Board is of the opinion that Applicant's ance policies written by it In all States to the conditions set forth in § 225.4(c) acquisition of World Acceptance would in which it would offer such policies of Regulation Y and to the Board's au- not have a significant effect on existing * (Georgia and South Carolina). It is the thority to require such modification or or potential competition in the small Board's judgment that these benefits to termination of the activities of a holding consumer installment loan market. the public outweigh any possible adverse company or any of Its subsidiaries as World Acceptance also acts as an agent effects. the Board finds necessary to assure com- for the sale of credit insurance related to In its consideration of this application, pliance with the provisions And purposes loans it originates. Due to the limited the Board has examined covenants not of the Act and the Board's regulations nature of this activity, Applicant's acqui- to compete contained in employment and orders issued thereunder, or to pre- sition of World Acceptance would not agreements with the principal executives vent evasion thereof. appear to have a significantly adverse of World Acceptance and Piedmont. The By order of the Board of Governors, effect on competition in this productline. Board finds that the provisions of these Similarly, with respect to the acquisition covenants (limited to three years and to effective September 19, 1973.' of Piedmont Premium, it appears that in localities where Southern Bancorpora- [SEAL] THEODORE E. ALLISON, view of the limited nature of its activity, tion would be engaged in the licensed Assistant Secretary of the Board. the acquisition of Piedmont by Applicant consumer finance business and the li- [FR Doc.73-20542 Filed 9-20-73;8:45 am] would not have any significant adverse censed insurance premium service busi- competitive consequences. ness) are reasonable in scope, duration, ' Approval of acquisition of SBT was organized in 1966 for the and geographic area and are consistent Southern Banl principal purpose of purchasing banking and Trust Company and SBT Real Estate. with the public interest. As the United Voting for this action: Vice Chairman facilities utilized by Bank and leasing States District Court for the Southern Mitchell and Governors Brimmer, Sheehan, such facilities to Bank. In 1967, SBT ac- District of New York has stated in Syn- Bucher, and Holland. Absent and not voting: quired all the shares of Sunland Life, an tex Laboratories, Inc. v. Norwich Phar- Chairman Burns and Governor Daane, Arizona chartered company which en- macal Co.: 3 Approval of acquisition of World Accept- ance Corporation and Piedmont Premium gages- solely in acting as reinsurer for While agreements not to compete have at Service. Voting for this action: Governors times been used for the unlawful purpose of Sheehan, Bucher. and Holland. Voting monopolizing a part of trade or commerce against this action: Vice Chairman Mitchell 'All banking data are as of December 31, * * * it Is hornbook law that a covenant not 1972, and reflect and Governor Brimmer. Absent and not vot- bank holding company for- to compete ancillary to the sale of a business ing: Chairman, Burns and Governor Daanc. mations and acquisitions approved by the (or a part of a business), when-reasonably Dissenting Statement of Governor Brim- Board through July 31,1973. limited as to time and-territory, does not fall mer iled as part of the original document. 2 World Finance Corporation of Dawson, within the prohibition§ of the Sherman Act. Dawson, Georgia, Copies available upon request to the Board Is a shell corporation. All of The question in every case is whether the of Governors of the Federal Reserve System, Its assets were sold on August 1, 1972, to Washington, D.C. 20551, or to the Federal Xentucky Finance Corporation, Inc. 3 315F. Supp. 45, at 56'(1970). Reserve Bank of Richmond.

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 2699

MERCANTILE BANKSHARES CORP. The National Advisory Council on the suspension of trading in the common Education of Disadvantaged Children is stock, $.01 par value, and all other secu- Acquisition of Bank established under section 148 of the Titles of Aberle Industries, Inc. being Mercantile Bankshares Corp., Balti- Elementary and Secondary Education traded otherwise than on a national more, Md., has applied for the Board's Act (20 U.S.C. 2411) to advise the Presi- securities exchange is required in the approval under section 3(a) (3) of the dent and the Congress on the effective- public interest and for the protection of Bank Holding Co. Act (12 U.S.C. 1842 ness of compensatory education to im- investors; (a) (3)) to acquire not less than 80 per- prove the educational attainment of It is ordered, pursuant to section 15 cent or more of the voting shares of The Disadvantaged Children. (c) (5) of the Securities Exchange Act commerce Bank and Trust Company of The meeting is called to develop a co- of 1934, that trading in such securities Maryland, Bethesda, Maryland, a pro- hesive relationship to exchange Ideas in otherwise than on a national securities posed new bank. The factors that are helping to meet the educational services exchange be summarily suspended, this considered in acting on the application to disadvantaged children. order to be effective for the period from are set forth in § 3(c) of the Act (12 Because of limited space for the public 2:30 p.m. (e.d.t.) September 19, 1973 U.S.C. 1842(c)). . meetinj'of October 24 and 25 all persons through September 28, 1973. The application may be inspected at wishing to attend should call for reser- By the Commission. the office of the Board of Governors or vations at Area Code 202/382-6945 by at the Federal Reserve Bank of Rich- October 10, 1973. [SEAL] GEoncr A, Frrzsmmioxs, mond. Any person wishing to comment Records shall be kept of all Council Secretary. on the application should submit his proceedings and shall be available for [PR Doc.73-20548 Filed 9-26-73;8:45 am] views in writing t6 the Reserve Bank, to public inspection at the Office of the be received not later than October 10, National Advisory Council on the Edu- [Fle No. 500-1] 1973. cation of Disadvantaged Children, lo- APPLIED FLUIDICS, INC. Board of Governors of the Federal Re- cated in Room 1012, 425,13th Street, serve System, September 19, 1973. NW., Washington, D.C. 20004. Order Suspending Trading [SEAL] THEODORE E. ALLisoN, Signed at Washington, D.C., on Sep- SEzasram 19, 1973. Assistant Secretary of the Board. tember 19, 1973. It appearing to the Securities and Ex- [F Doc.73-20540 Filed 9-26=73;8:45 am] ROBERTA LOvEaa=, change Commission that the summary Executive Director. suspension of trading In the common* [FR Doc.73-20544 Filed 9-2G-73;8:45 am] stock, $.04 par value, and all other secu- GENERAL SERVICES rities of Applied Fluldics, Inc. being ADMINISTRATION traded otherwise than on a national se-- [Federal Property Management Regulations, NATIONAL CREDIT UNION curities exchange is required in the pub- Temporary Reg. I-27; Supplement 21 ADMINISTRATION lic interest and for the protection of GENERAL FEDERAL CREDIT UNION BYLAWS investors; ATTORNEY It is ordered, pursuant to section 15(c) Delegation of Authority Increase of Maximum Permissible Dividend (5) of the Securities Exchange Act of 1. Purpose. This supplement continues Rate; Correction 1934, that trading in such securities in effect the provisions of FPMR Tem- On page 26408 of the F=EEA REGIS- otherwise than on a national securities porary Regulation D-27, January 29, TER of September 20,1973. there was pub- exchange be summarly suspended, this 1971, which delegated authority to the lished a notice of an authorized amend- order to be effective for the period from Attorney General of the United States to ment to Article XIV, section 2, of the 2:30 p.m. (e.d.t.) September 19, 1973 perform all functions in connection with Federal Credit Union Bylaws. The pur- through September 28,1973. the leasing of various improved prop- pose of this notice is to make a technical By the Commission. erties in the Maryland and northern correction as set forth below: Virginia suburbs of Washington DC. Notice is hereby given that as of Sep- [SEAL] GEORGE A. FTxzsIM Oxs, 2. Effective date. This regulation is tember 13, 1973, the Administrator of Secretary. effective July 1,1973. the National Credit Union Administra- IPR Doc.'73-20549 Filed --26-73;8:45 am] 3. Expiration date. This regulation tion, with the concurrence of the Na- -expires on June 30,1974. tional Credit Union Board, pursuant to [File No. 500-11 the authority conferred by section 108, SEPTEMBER 21, 1973. 73 Stat. 631, 12 U.S.C. 1758, and section AZTEC PRODUCTS, INC. ARTHUR F. SAzwsoN, 120, 73 Stat. 635, 12 U.S.C. 1766, has au- Order Suspending Trading Administratorof GeneralServices. thorized an amendment to Article XIV, SzpnmmER 20, 1973. [FR Doc.73-20647 Filed 9-26-73;8:45 am] section 2, of the Federal Credit Union Bylaws, to increase the maximum per- It appearing to the Securities and Ex- missible dividend rate from 6 percent change Commission that the summary NATIONAL ADVISORY COUNCIL ON suspension of trading in the common per annum to 7 percent per annum. THE EDUCATION OF DISADVAN- stock, $.05 par value, and all other secur- TAGED CHILDREN This correction is effective immedi- ities of Aztec Produqts, Inc. being traded ately. otherwise than on a national securities SUBCOMMITTEE ON PROGRAM exchange is required in the public inter- DEVELOPMENT HEaRr NxcxEasozT, Jr., Administrator. est and for the protection of investors;, Meeting It is ordered, pursuant to section 15(c) [FR Doc.73-20532 Filed 9-2C-73;8:45 am] (5) of the Securties Exchange Act of Notice- of public meeting of the Na- 1934, that trading in such securities tional Advisory Council on the Education otherwise than on a national securities of Disadvantaged Children. SECURITIES AND EXCHANGE COMMISSION exchange be summarily suspended, this Notice is hereby given, Pub. L. 92-463, order to be effective for the period from that the next meeting of the subcommit- [Filo 500-1i September 21, 1973 through Septem- tee on Program Development of the ber 30, 1973. Natiobal Advisory Council on the Edu- ABERLE INDUSTRIES, INC. cation of Disadvantaged Children will Order Suspending Trading By the Commission. at 2:30 p.m.-4:30 p.m., OCto- be held SEPTzEBER 19, 1973. [sAL] GEoRGz A. FTZsammoNs, ber 24, 1973 and from 9:00 a.m.-2:00 Secretary. pm., October 25, 1973, located at the It appearing to the Securities and Ex- aml Copley Plaza Hotel in Boston, Mass. change Commission that the summary IFR Doc.73-20550 Piled 9-26-73;8:45

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26980 NOTICES

[File 500-1] curities exchange is required in the pub- suspension of trading in such securities BBI, INC. lie interest and for the protection of on such exchanges and otherwise than investors; on a national securities exchange Is re- Order Suspending Trading It is ordered, pursuant to section 15(c) quired in the public interest and for the SEPTELMBER 20,, 1973. (5) of the Securtties Exchange Act, of protection of investors; The common stock, $0.10 par value, of 1934, that trading in such securities It is ordered, pursuant to sections 10 BBI, Inc. being traded on the American otherwise than on a national securities (a) (4) and 15(c) (5) of the Securities Stock Exchange and the PBW Stock Ex- exchange be summarily suspended, this Exchange Act of 1934, that trading In change, pursuant to provisions of the order to be effective for the period from such securities on the above mentioned Securities Exchange Act of 1934 and all 1:45 pan. (e.d.t.) September 18, 1973 exchanges and otherwise than on a na- other securities of BBI, Inc. being tr'aded through September 27, 1973. tional securities exchange be summarily otherwise than on a national securities By the Commission. suspended, this order to be effective for exchange; and the period from September 24, 1973 It appearing to the Securities and Ex- [SEAL] GEORGE A. FrzsInloxs, through October 3, 1973. change Commission that the summary Secretary. By the Commission. suspension of trading in such securities [FR 1Doc.73-20553 Piled 9-26-73;8:45 am] [SEAL] GEORGE A. FxTZSIuxONS, on such exchanges and otherwise than Secrctary. on a national securities exchange is re- [Pile 500-1] [FR Doc.73-20555 Filed 9-2G-73;8:45 am] quired in the public interest and for the protection of investors; DIVERSIFIED EARTH SCIENCES, INC. It is ordered, pursuant to sections 19 (a) Order Suspending Trading trule No. 500-l1 (4), and 15(c) (5) of the Securities Ex- change Act of 1934, that trading in such SEPTEMER 21, 1973. FIRST LEISURE CORP. securities on the above mentioned ex- It appearing to the Securities and Ex- Order Suspending Trading changes and otherwise than on a na- change Commission that the summary SEPTEMBER 21, 1973. be summarily suspension of trading in the common tional securities exchange It appearing to the Securities and suspended, this order to be effective for stock, $.80 par value, and all other se- Ex- the period from September 21, 1973 curities of Diversified Earth Sciences, change Commission that the summary through September 30, 1973. Inc. being traded otherwise than on a suspension of trading In the common national securities exchange is required stock, $.10 par value and all other securi- By the Commission. in the public interest and for the pro- ties of First Leisure Corporation, being [SEAL] GEORGE A. F~rzsnmxoxs, tection of investors; traded otherwise than on a national se- Secretary. It is ordered, pursuant to section 15 curities exchange is required in the public interest and for the protection of [PR Doc.73-20551 Filed 9-26-73;8:45 am] (c) (5) of the Securities Exchange Act of 1934, that trading in such securities investors; otherwise than on a national securities It is ordered, pursuant to section 15 [File No. 500-1] exchange be summarily suspended, this (c)(5) of the Securities Exchange Act of 1934, that trading in such securities BENEFICIAL LABORATORIES, INC. order to be effective for the period from September 22, 1973 through October 1, otherwise than on a national securities Order Suspending Trading 1973. exchange be summarily suspended, this SEPEMBER 20, 1973. order to be effective for the period from By the Commission. September 23, 1973 through October 2, It appearing to the Securities and Ex- 1973. change Commission that the summary [SEAL] GEORGE A. F=TZSmuons, suspension of trading in the common Secretary. By the Commission. stock, warrants, units and all other secu- [P % Doc.73-20554 Piled 9-26-73;8:45 am] [SEAL] GEORGE A. FrTzsUIXoN5, rities of Beneficial Laboratories, Inc. Secretary. being traded otherwise than on a na- tional securities exchange is required in [File No. 500-1] [FR DoC.73-20556 Filed -26-73:8:45 am] the public interest a~d for the protection EQUITY FUNDING CORP. OF AMERICA of investors; . Order Suspending Trading [File 500-11 • It is ordered, pursuant to section 15(c) FLUID POWER PUMP CO. SEPTEMBER 21, 1973. (5) of the Securities Exchange Act of Order Suspending Trading 1934, that trading in such securities oth- The common stock, $:30 par.value, of erwise than on a national securities ex-' Equity Funding Corporation of America SEPTEMBER 19, 1973. change be summarily suspended, this, being traded on the New York Stock Ex- It appearing to thc'Securlties and Ex- order to be effective for the period from change, the Midwest Stock Exchange, change Commission that the summary September 21, 1973 through Septem- the Pacific-Coast Stock Exchange, suspension of trading in the common ber 30, 1973. the Pbltadelphia-Baltimore-Washington stock, $1 par value, and all other seouri- By the Commission. Stock Exchange, the Boston Stack Ex- ties of Fluid Power Pump Company being change; warrants to purchase the $.30 traded otherwise than on a national se- [SEAL] GEORGE A. FiTzsmnmoxs, par value common stock being traded curities exchange is required in the public Secretary. on the American Stock Exchange and interest and for the protection of inves- [FR Doc.73-20552 Piled 9-26-73;8:45 am], the Philadelphia-Baltimore-Washington tors; Stock Exchange; 91/2 percent debentures It is ordered, pursuant to section 15(c) due 1990 being traded on the New York (5) of the Securities Exchange Act of [File 500-11 Stock Exchange; and 51/2 percent con- 1934, that trading In such securities CO-BUILD CO., INC. vertible subordinated debentures due otherwise than on a national securities 1991 being traded on the New York Stock Order Suspending Trading exchange be summarily suspended, this Exchange pursuant to provisions of the -order to be effective for the period from SEPTEMER 18,1973. Securities Exchange Act of 1934 and all 2:30 p.m. (e.d.t.) September 19, 1973 It appearing to the Securities and Ex- other securities of Equity Funding Cor- through September 28, 1973. poration of America being traded other- change Commission that the summary By the Commission. suspension of trading in- the common wise than on a national securities stack, $.10 par value, and all other se- exchange; and rSEAL] GEORGE A. FITZSIMMONS, curities of Co-Build Companys, Inc. being - It appearing to the Securities and Ex- Secretary. traded otherwise than on a national se- change Commission that the summary [PR Doc.73-20557 Filed 9-20-73:8:45 am]

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 197.3 NOTICES 2695SI

[File No. 500-1] being traded otherwise than on a na- [811-18511 securities exchange Is required in R. S. HERSHEY FUND, INC. GIANT STORES CORP. tional the public interest and for the protection Notice of Application for an Order Declaring Order Suspending Trading of investors; That Applicant Has Ceased To Be an SEPsMBER 21, 1973. It Is ordered, pursuant to section Investment Company 15(c) (5) of the Securities Exchange The common stock, $.10 par value, of Act of 1934, that trading in such se- SEvERain 20,1973. Giant Stores Corp. being traded on the curities otherwise than on a national Notice Is hereby given that R..S. Her- American Stock Exchange, pursuant to securities exchange be summarily sus- shey Fund. Inc. ("ApplIcant"), 875 North provisions of the Securities Exchange Act pended, this order to be effective for the Michigan Avenue, Chicago, Illinois 60611, of 1934 and all other securities of Giant period from September 20, 1973 through a diversified, open-end management in- Stores Corp. being traded otherwise than September 29,1973. vestment company registered under the on a national securities; and 1940 (the By the Commission. Investment Company Act of It appearing to the Securities and Ex- "Act"). has filed an application pursu- * change Commission that the summary [SEAL] GzORGE A. FrOzsn5xmoNS, ant to section 8 M of the Act for an suspension of trading in such securities Secretary. order of the Commission declaring that such exchange and otherwise than on on [PR Doc.73-205C0 Filed 9-2G-73;8:45 cm1 Applicant has ceased to be an investment a national securities exchange is re- company as defined In the Act. All Inter- quired in the public interest and for the ested persons are referred to the appli- protection of investors; [File No. 500-1] cation on file with the Commission for a _It is ordered, pursuant to sections 15 (c) TRIONICS ENGINEERING CORP. statement of the representations con- (5) and 19(a) (4) of the Securities Ex- tained therein which are summarized change Act of 1934, that trading in such Order Suspending Trading below. securities on the above mentioned ex- SEPTEmBER 21,1973. On February 14, 1973, Applicant's change and otherwise than on a national and Ex- board of directors voted to submit a pro- sus- It appearing to the Securities securities exchange be summarily change Commission that the summary posal for Applicant's dissolution to Its pended, this order to be effective for the shareholders, and, at a meeting held for 1973 through suspension of trading in the common period from. September-24, stock, and all other securities of Trionics that purpose on April 5,1973, such share- October 3, 1973. Engineering Corp., being traded other- holders duly authorized the dissolution of By the Commissiom wise than on a national securities ex- Applicant and the distribution of its as- change is required In the public interest sets. Subsequently, Applicant's portfolio [SEAL]. GEORGE A. FITZSIMMONS, and for the protection of investors; was liquidated, and Its total net assets of Secretary. It is ordered, pursuant to section 15 $81,964.15 were distributed on a pro rata [FR Doc.73-20558 Piled 9-26-73;8:45 am] (c) (5) of the Securities Exchange of basis to Applicant's shareholders as of 1934, that trading in such securities June 1, 1973. states that it has no assets [File No. 500-1] otherwise than on a national securities Applicant exchange be summarily suspended, this and no liabilities and that its corporate INDUSTRIES INTERNATIONAL, INC. order to be effective for the period from e.istence was terminated by virtue of Order Suspending Trading September 24, 1973 through October 3, the forfeiture of its corporate charter. 1973. For these reasons, Applicant requests SEPTUER 21, 1973. Commission issue an order de- By the Commission. that the It appearing to the Securities and Ex- claring that Applicant has ceased to be change Commission that the summary [SEAL] GEORGE A. Frrzsnno,.s, an investment company. suspension of trading in the common Secretary. Section 8(f) of the Act provides, in stock, and all other securities of In- [FR Doc.73-20561 Filed 9-2G-73;8:45 am) pertinent part that whenever the Com- dustries International, Inc. being traded mission, upon application, finds that a otherwise than on a national securities registered investment company has exchange is recquired in the public In- [File No. 500-1] ceased to be an investment company, it terest and for the protection of TRIEX INTERNATIONAL CORP. shall so declare by order, and upon the investors; taking effect of such order the registra- It is ordered, pursuant 'to section Order Suspending Trading tion of such company shall cease to be in 15 (c) (5) of the Securities Exchange Act SE:PTEErr 20, 1973. effect. of 1934, that trading in such securities It appearing to the Securities and Ex- Notice Is hereby given that any inter- otherwise than on a national securities change Commission that the summary ested person may, not later than Octo- exchange be summarily suspended, this common ber 15. 1973. at 5:30 pxm, submit to the suspension of trading in the a order to be effective for the period from stock, $.01 par value, of Trlex Interna- Commi-son In writing a request for September 24, 1973 through October 3, tional Corp. being traded otherwlse than hearing on the matter accompanied by a 1973. on a national securities exchange is re- statement as to the nature of his inter- est, the reason for such request, and the By the Commission. quired in the public interest and for the protection of investors; Issues, if any, of fact or law proposed to [SEAL] GEORGE A. FTzS MONS, It is ordered, pursuant to section 15 be controverted, or he may request that Secretary. (c) (5) of the Securities Exchange Act he be notified If the Commfssion should thereon. Any such com- [PR Doe.73-20559 Filed 9-26-73;8:45 am] that trading in such securities order a hearing of 1934, munication should be addressed: Secre- otherwise than on a national securities tary, Securities and Exchange Commis- [File No. 500-1] exchange be summarily suspended, this sion, Washington, D.C. 20549. A copy of ROYAL PROPERTIES INC. order to be effective for the period from such request shall be served personally Order Suspending Trading September 21, 1973 through Septem- or by mall (air mari if the person being ber 30, 1973. served is located more than 500 miles SEP BER 19, 1973. from the point of mailing) upon Appli- It appearing to the Securities-and Ex- By the CommisSion. cant at the address stated above. Proof of change Commission that the summary [SEAL] GEORGE A. Frzsnmoz;s, such service (by affidavit, or in case of suspension of. trading in the common Secretary. attorney at law, by certificate) shall be and all other secu- stock, $5. par value Fled 0-2G-73;8:45 am] Iled contemporaneously with the re- rities of Royal" Properties Incorporated, [FR Doc.73-20562

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 No. 187-Pt. f-13 26982 NOTICES

quest. At any time after said date, as pro- an open-end diversified management in- under the group contract for whom an- vided by Rule 0-5 of the Rules nad Reg- vestment company registered under the' nual payments of $2,000 are being made, ulations promulgated under the Act, an Act. IDS Life established Fund B on and who allocates $1,000 to the variable order disposing of the application herein June 10, 1968, under Minnesota Law as a account of the contract and $1,000 to may be issued by the Commission upon separate account through which it will the fixed account for each of thb the basis of the information stated in set aside and invest payments accruing first five years, and who again allo- such application, unless an order for a from the sale of tax deferred variable an- cates sixth-year payments equally be- hearing upon said application shall be nuity contracts offered by IDS Life. All tween the variable and fixed accounts, issued upon request or upon the Com- interested persons are referred to the ap- should be required to pay only a 4 per- mission's own motion. Persons who re- plication on file with the Commission for cent charge on such sixth-year payments, quest a hearing, or advice as to whether a statement of the representations con- even though the amount tberetofore a hearing is ordered, will receive notice tained therein, which are summarized allocated to the variable account Is only of further developments in this matter, below. $5,000. including the date of the hearing (if or- Applicants state that they propose to 3. Applicants request exemption to dered) and any postponements thereof. offer a Group Variable Annuity Contract, permit the beneficiary of a participant For the Comission, by the Division of containing combination features which to elect to have the proceeds payable Investment Management Regulation, would allow payments under the contract upon the death of the participant, In- pursuant to delegated authority. to be allocated to a variable account, or cluding those not derived from the sep- fixed account, or both, and which would arate account, applied to a variable an- [SEAL] GEORGE A. FiZSm IONS, provide transfer provisions between the nuity in lieu of a lump sum payment Secretary. two accounts and group experience rat- without deduction of-a sales or adminis- [FR Doc.73-20563 Filed 9-26--73;8:45 am] ing credit provisions. trative charge. Applicants represent In connection with the sale of the that since in all cases a sales and admin- Group Variable Annuity Contract, [File No. 500-1] istrative charge would have been paid by charges are deducted from payments to the participant, this exemption, if U. S. FINANCIAL INC. pay sales and administrative expenses. granted, would avoid any cumulating of Order Suspending Trading Applicants state that the deduction for sales charge. sales and administrative charges Is 5% 4. Applicants request an exeffption to SEPTEMBER 20, 1973. percent of the first $10,000 of payments permit experience rating on a non-dis- The common stock, $2.50 par value, received, 4 percent of the next $40,000 of criminatory basis under the group con- of U.S. Financial* Incorporated being payments, and 2 percent of all payments tract. IDS Life will annually determine traded on the New York Stock Exchange, in excess of $50,000. Applicants request the actual cost applicable to each group Pursuant to provisions of the Securities exemption from section 22(d) of the contract and compare this amount with Exchange Act of 1934 and all other se- Act to the, extent necessary to permit the amount deducted for sales and ad- curities of U.S. Finaricial Incorporated the following. ministrative expenses. IDS Life in Its being traded otherwise than on , na- 1. Applicants request the elimination sole discretion may allocate all, a por- tional securities exchange; and of charges for sales and administrative tion, or none of any excess of deductions It appearing to the Securities and Ex- expenses when the values under a par- over costs as an experience rating credit. change Commission that the summary ticipant's fixed account are transferred Application of the credit would be ef- suspension of trading in such securities to a participant's variable account, both fected by (a) a reduction i the amount on such exchange and otherwise than on during the accumulation period and deducted from subsequent payments, or a national securities exchange is required upon the commencement of the annuity (b) by the crediting of a number of ad- in the public interest and for the pro- pay-out period. Applicants state that the ditional tection of accumulation units or annuity investors; sales and administrative charges on pay- units, as applicable, equal in value to the It is ordered, pursuant to sections 15 ments allocated to the fixed account are amount of credit due. Such additional (c) (5) and 19(a) (4) of the Securities identical to trie sales and administrative units would be credited without the de- Exchange Act-of 1934, that trading in charges which would have been paid had ductions imposed on contributions. such securities on the above mentioned the participant initially allocated that Section 22(d) of the Act provides, in exchange and otherwise than on a na- amount toward the variable account. Ap- pertinent part, that no registered In- tional securities exchange be summarily plicants assert that since the deduction vestment company shall sell any redeem- suspended, this order to be effective for from payments with respect to the fixed able security issued by It to any person the period from September 21, 1973 and variable 'ccounts are identical, to except at a current public offering price through September 30, 1973. require an investor to incur duplicate described in the prospectus. Because the By the Commission. loading charges would be unjust and in- above described securities may be sold at consistent with the protection of inves- a load which varies from that described [SEAL] GEORGE A. FiTzsImmoNs, tors. Applicants state that the transfer in the prospectus, the exemptions are Secretary. of accumulated amounts from the fixed requested. to the (FR Doc.73-20564 Filed 9-26-73;8:45 am] variable account will be limited to Section 6(c) of the Act provides that one transfer each year per participant. thb Commission may, by order upon ap- 2. Applicants request exemption to [812-35091 - plication, conditionally or uncondition- permit the usual decreasing sales and ad- ally exempt any persons from any pro- IDS LIFE VARIABLE'ANNUITY FUND B ministrative charges to apply regardless vision of the Act or of any rule or AND IDS LIFE INSURANCE CO. of whether prior payments under the regulation thereunder, if and to the ox- Notice of Application for Exemption contract were allocated to the variable tent that such exemption Is necessary or account or the fixed account. Applicants SEPTEMBER appropriate in the public interest and 20, 1973. state that in order to treat participants consistent with the protection Notice is hereby given that IDS Life in a uniform of Inves- and equitable manner, it tors and the purposes fairly intended by Variable Annuity Fund B ("Fund B"), is necessary to consider the sales and ad- and IDS Life the policies and provisions of the Act. Insurance Company ("IDS ministrative charges deducted from pay Notice is further given that any Inter- Life") (herein collectively referred to ments allocated to the fixed account, as ested person may, not later than Octo- "Applicants"), IDS Tower, Minne- which are identical to those made upon ber 15, 1973, at 5:30 pm., submit to the apolis, Minnesota, have filed an applica- the payments to the variable account, as tion pursuant to section Commission in writing a request for a 6(c) of the In- if they had been paid upon the purchase hearing on the matter accompanied by a vestment Company Act of 1940 ("Act"), of, variable annuities, since the contract for an order exempting Applicants statement as to the nature of his Inter- from provides for decreasing sales and admin- est, the reason for such request, the provisions of section 22(d) and the of the Act istrative charges. The applicants repre- issues of'fact or law proposed to the extent described below. Fund to be con- B is sent, by way of example, that an investor troverted, or he may request that he be

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 269S3

notified if the Commission shall order chartered solely for the purpose of per- [Declaration of Dz-azter Lean Area 10131 a hearing thereon. Any such communi- forming the functions and conducting MONTANA cation- should be addressed: Secretary, the activities contemplated under the Declaration of Disaster LoartArea Securities and Exchange Commission, Small Business Investment Act of 1958, Washington, D.C. 20549. A'copy of such as amended from time to time, and will 'Whereas, It has been reported that request shall be served personally or by provide assistance solely to small busi- during the month of July 1973, because mail (air-mail if the person being served ness concerns which will contribute to a of the effects of a certain disaster, dam- is located more than 500 miles from the well-balanced national economy by fa- age resulted to business property located point of mailing) upon Applicants at the cilitating ownership in such concerns by in the State of Montana; persons whose participation in the free Whereas, the Small Busines Admin- address set forth above. Proof of such and received service (by affidavit or in case of an at- enterprise system is hampered because Istration has investigated of social or economic disadvantages. reports of other investigations of condi- torney-at-law, by certificate) shall be tions in the areas affected; filed contemporaneously with the re- Matters involved in SBA's considera- quest. At any time after said date, as tion of the applicant include the general Whereas, after reading and evaluating business reputation and character of the reports of such conditions, I find that the provided by Rule 0-5 of the Rules and in such areas constitute a Regulations under the Act, an order dis- proposed owner and management, and conditions the probability of successful operation of catastrophe within the purview of the posing of the application herein may be Business Act, as amended; -issued by the Commission upon the basis the applicant under their management, Small including adequate profitability and fi- Now, therefore, as Administrator of the of the information stated in the applica- Busness Administration, I hereby tion, unless an order for hearing upon nancial soundness, in accordance with Small the Small Business nvestment Act and determine that: the application shall be issued upon re- 1. Applications for disaster loans under quest or upon the Commission's own mo- SBA rules and regulations. Any person may, not later than Octo- the provisions of section 7(b) (1) of the tion. Persons who request a hearing or Small Bus nes Act, as amended, may be advice as .to -whether a hearing is or- ber 12, 1973, submit to SBA written com- ments on the proposed applicant. Any received and considered by the office dered will receive notice of further de- below indicated from persons or firms velopments in this matter including the such communication should be addressed to the Deputy Associate Administrator whose property situated in Butte, Silver date of hearing (if -ordered) and any Bow County, Montana, suffered damage postponements thereof. for Investment, Small Businezs Admin- istration, 1441 L Street, NW., Washing- or destruction resulting from a fire of For the Commission, by the Division of ton, D.C. 20416. undetermined origin on July 28, 1973. "Investment Management Regulation, A copy of this notice shall be published Applications will be procesed under the pursuant to delegated authority. in a newspaper of general circulation In provisions of Pub. I. 93-24. [sEAL] GEORGE A. FrrzzmONS, Salt Lake City, Utah. Office: Small Bulne= Admin i ation Secretary. Dated September 21,1973. Dltrict Offico [FR Doc.73-20505 Piled 9-26--73;8:45 am] JAwMs THoMAs PnELArI, Corner MAin and Sixth Avenue Deputy Associate Administrator Helena. Montana 59601 SMALL BUSINESS ADMINISTRATION for Investment. 2. Applications for disaster loans under [FR Doc.73-20529 Filcd 9-26-73;8:45 am] the authority of this declaration will not [License AppllcationL 08/08-50331 be accepted subsequent to November 19, FIRST VENTURE CAPITAL CORP. 1973. [Notice of Disaster Loan Area 10051 Notice of Application for License as a Small Dated September 18, 1973. Business Investment Company PENNSYLVANIA Tnoarss S. KunxPpn, An application for a license to operate Notice of Disaster Relief Loan Availability, Administrator. company Amendment 2 as a small business investment [R Doc.'3-20527 Filed 9--26-73;8:45 aml - inder the provisions of section 301(d) As a result of the President's declara- of the Small Business Investment Act of tion of the State of Pennsylvania as a 1958, as amended (15 U.S.C. 461 et seq.), major disaster area following severe VETERANS ADMINISTRATION has been filed by First Venture Capital storms and flooding beginning on or VOLUNTARY SERVICE NATIONAL Corporation (applicant) with the Small about June 27, 1973, applications for ADVISORY COMMITTEE Buslness Administration (SBA) pursuant disaster relief loans will be accepted by Notice of Meeting to 13 CFR 107.102 (1973). the Small Business Administration from The officers and directors of the appli- The Veterans Administration gives no- flood victims in the adjacent affected tice that the annual meeting of the Vet- cant are as follows: areas to those counties previously de- erans Administration Voluntary Service Wallace L. Iverson, President, General Man- clared major disaster areas. (See 38 FR National Advisory Committee, composed 2400 East, Salt ager, Director, 1492 South 20510 and 38 FR 21541). of representatives of 46 national volun- Lake City, Utah 84103. will be held at the Stephen R. Glliland, Vice President. Director, Applications may be filed at the: tary organiztions, Salt Lake City. Utah Sheraton-Park Hotel, Washington, D.C., 46 South 700 East. Small Business Administration October 25-26, 1973. 84102. Regional Offce Harald E. Singer, Secretary-Treasurer, Direc- 1 Decker Square-East Lobby Suite 403 The meeting will convene at 9 am., tor, '820 Hillcrest Avenue, Logan, Utah Bala Cynwyd, Pa. 19004 October 25th, in the Sheraton Ball Room. 84321. The purpose of the meeting is to con- and at such temporary oficas as are The applicant, a Utah corporation structively plan with the committee, established. Such addresses will be an- which serves in an advisory role to the with its principal place of business lo- nounced locally. Applications will be Chief Medical Director, for the further cated at 46 South 700 East, Salt Lake under the provisions of Pub. L. promotion and development of volunteer will begin operations processed City, Utah 84102, 93-24. participation in the care and treatment with $302,000 of paid-in capital and paid- loans under of veteran patients in the agency's na- Applications for disaster tionwide medical program. in surplus, derived from the sale of 302,- this announcement must be filed not later 000 shares of common stock to mr. Dallas than September 17, 1973. Dated September 21, 1973. J Elder, 800 East Center, Logan, Utah By direction of the Administrator. 84321. Dated August 2, 1973. [SEAL] Rurus EL WisoN, As a small business investment com- THoMAs S. HLP,r , Associate Deputy Administrator.. 301(d) of the Act, Administrator. pany under section [FR Doc.73-20C6 Filed 9-26-73;8:45 =m1 the applicant has been organized and [FR Dec.73-20528 Flied 9-28-73;8:45 am]

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26984 NOTICES

OIL AND GAS OFFICE Nola Forwarding Co., Inc.-Ivestigation of ports in Japan, Korea, Hong Kong, and Operations--now being assigned hearing Taiwan, on the COMMITEE ON ENERGY CONSERVATION; December 4, 1973 (2 days), at Baton Rouge, one hand, and rail sta- NATIONAL PETROLEUM COUNCIL La., in a hearing room to be later desig- tions on the U.S. Atlantic and Gulf Sea- nated. board, on the other. Notice Meeting of MC 136384 sub 2, Palmer Motor Express, Inc., Grounds for relief-Water competi- Pursuant to Executive Order 11686, no- now being assigned hearing December 10, tion. tice is hereby given of the following 1973 (2 weeks), at Atlanta, Ga., in a hear- ing room to be later designated. By the Commission. meeting: MC 135754 sub 1, Robert E.-Wiliamson, Jr., [SEAL] ROBERT The Committee on Energy Conservation of Common Carrier application, now being as- L. OSWALD, the National Petroleum Council will meet at signed December 6, 1973, at Columbia, S.C. Secretary. 1:30 p.m. on October 1, 1973, in the Michigan (2 days), in a hearing room to be later [FR Doc.73-20674 Filed 9-26-73,8:46 am] Room of the Statler Hilton Hotel In Wash- designated. ington, D.C. The agenda will include dis- MCP-8087, Larsen Motor Lines, Inc.-Investi- cussion of an outline, the organizational gation and Revocation of Certificate-now [Ex Parte No. 299 and 299 (Sub-No. 1) 11 structure and a work schedule to carry out being assigned hearing December 11, 1973 the energy conservation study requested by (1 day), at New Orleans, La., in a hearing INCREASES IN FREIGHT RATES AND the Secretary of theInterior on July 23, 1973. room to be later designated. CHARGES OF THE LONG ISLAND RAIL MC-97904 sub 13, Knoxville-Maryville The purpose of the Motor ROAD COMPANY TO OFFSET RETIRE- National Petroleum Express, Inc., now being assigned hearing MENT TAX INCREASES-1973 Council is solely to advise, inform and December 11, 1973 (3 days), at Nashville, make recommendations to the Secretary Tenn., n a hearing room to be later desig- SEPTEMBER 13, 1973. of the Interior on any matter relating to nated. ICC report and order permitting estab- petroleum or the petroleum industry. MC 112422 sub 5, Sam Vam Galder, Inc., now lishment of interim freight rate Increases being assigned The meeting is open to the pUblic to hearing December 4, 1973 for most of the Nation's railroads, and (1 day), at Madison, Wis., in a hearing the extent that facilities permit. room to be later designated. rejecting proposed terminal surcharges of Long Island Rail Road Company, to offset Dated: September 26, 1973. MC 115841 sub 441, Colonial Refrigeration 'Transportation, Inc., now being assigned retirement tax Increases to become effec- J. Roy GOODEARLE, continued hearing November 26, 1973 (2 tive on October 1, 1973, and January 1, Associate Director. weeks), at Atlanta, Ga., in a hearing room 1974. to be later designated. [FR Doc.73-20752 Filed 9-26-73; 10:35 am] 1. Petition of railroads, except The •MC-100666 sub 246, Melton Truck Lines, Inc., Long now being assigned hearing December 3,, Island Rail Road Company, for per- mission to file a INTERSTATE COMMERCE' 1973 (2 days), at Louisville, Ky., in a hear- tariff establishing certain ing room to be later designated. interim increases In freight rates and COMMISSION MC-133095 sub 44, Texas-Continental Ex- charges to offset Increases In retirement [Notice No. 350] press, Inc., now being assigned hearing taxes, granted In part. December 5, 1973 (3 days)', ASSIGNMENT OF HEARINGS at Louisville, 2. Petition of The Long Island Rail Ky., in a hearing room to be later Road Company for permission to file a SEPTEMBER 24, 1973. designated. MC-138279, Conalco Contract Carrier, Inc., surcharge for the same purpose, denied Cases assigned for hearing, postpone- now being assigned hearing December 10, without prejudice. ment, cancellation or oral argument ap- 1973 (1 week), at Louisville, Ky., In a hear- Andrew C. Armstrong, Harry N. Bab- pear below and will be published'only ing room to be later designated. cock, Curtis H. Berg, R. W. Bridges, John once. This list contains prospective as- MC 138168, Load & Go Truck Line, now being J. Burchell, J. T. Clark, John A. Daily, signments only and does not include cases assigned hearing November 26, 1973 (3 Harry L. De Lung, Jr., Louis T. Duerinck, days), at Phoenix, previously assigned hearing dates. The Ariz., and November 29, R. S. M. Emrich III, J. D. Feeney, Stuarb 1973 (2 days), at Grand Junction, hearings will be on the issues as pres- Colo., F. Gassner, Rene J. Gunning, Louis Har- ently reflected in the Official in hearing rooms to be later designated. Docket of MC 134358 sub 3, Central ris, James L. Howe III, Charlie H. Johns, the Commission. Dispatch, Inc., Ex- An attempt will be made tenslon-Lawson, Mo., now eing assigned Edward A. Kailer, Richard W. Kienle, to publish notices of cancellation of hear- hearing December 4, 1973 (2 days), at George H. Kleinberger, Richard D. La- ings as promptly as possible, but inter- Jefferson City, Mo., n a hearing room to lanne, Harry B. Latourette, Charles N. ested parties should take appropriate be later designated. Marshall, John P. McCall, Don McDevltt, steps to insure that they are notified [SEAL] ROBERT L. OSWALD, Thormund A. Miller, Robert F. Munsell, of cancellation or postponements of hear- Secretary. Richard J. Murphy, J. J. Nagle, William ings in which they are interested. No J. O'Brien, Jr., Joseph M. O'Malley, C. [FR amendments will be entertained after the Doc.73-20675 Filed 9-26-73;8:45 am] Harold Peterson, Chas. C. Rettberg, Jr., date of this publication. Albert B. Russ, Jr., Scott W. Scully, John MC 124783 sub 15, Kato Express, Inc., now FOURTH SECTION APPLICATION FOR M. Simms, John F. Smith, James L, Tap- being assigned hearing November 27, 1973 RELIEF ley, Win. A. Thie, Thomas E. Tisza, D. M. (3 days), at Nashville, Tenn., in a hearing Tolmie, Walter G. Treanor, Donal L. Tur- room to be later designated. SEPTEMBER 24, 1973. MC-121142 sub 11, J. kal, John S. Walker, Sidney Weinberg, & G. Express, Inc., now -An application, as summarized below, and Robert E. Zimmerman for the rail-, being assigned hearing December 3, 1973 has been (1 week), at Jackson, Miss., in a hearing filed requesting relief from the roads in Ex Parte No. 299. room to be later designated. requirements of section 4 of the Inter- George M. Onken, Richard H. Stokes, MC-F-11869, Crouse Cartage Co.-Purchase- state Commerce Act to permit common and Walter J. Myskowski for the Long (B) Heartland Express, Inc., and (BB) carriers named or described in the appli- Island Rail Road Company In Ex Parte Lawson Truck Line, Inc., now being as- cation to maintain higher rates and No. 299 (Sub-No. 1). signed hearing November 26, 1973 (2 charges at intermediate points than It is ordered, That the petition weeks), at Omaha, Nebr., In a hearing room those sought to be established at more in Ex to be later designated. distant points. Parte No. 299 be, and It Is hereby, granted MC 120981 sub 15, Bestway Express, Inc., now to the extent Indicated In the report' being aisigned hearing December 3, 1973 Protests to the granting of an applica- and it is denied In all other respects, that (2 weeks4, at Frankfort, Ky., in a hearing tion must be prepared in accordance with the petitioners therein be, and they are room to be later designated. Rule 1100.40 of the General Rules of 'hereby, MO 129068 sub permitted to establish an Interim 14, Griffin Transportation, Practice (49 CFR 1100.40) and filed on increase in their rates and charges of 1.9 Inc., Extension Oklahoma, now being as- or before October signed hearing December 5, 1973 (2 days), 12, 1973. percent to become effective on October 1, at Oklahoma City, Okla., In a hearing room FSA No. 42750-:-Joint water-rail con- 1973, and an interim increase of 2.6 per- to be later designated. tainer rates-Showa Shipping Co., Ltd. cent to become effective, in lieu of the MC-C-8116, L. C. Waller, d.b.a. L. C. W. Filed by Showa Shipping Co., Ltd., (No. 1.9-percent increase, on January 1, 1974, Trucking Co., Glenn Elliott, Harvey W. 6) ,for itself and interested rail carriers. upon not less than 15 days' notice to the Jones, Summersgill Enterprises, Inc., and Rates on general commodities, between general public and to this Commission,

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 269S5

subject to the refund rule in the proposed It is further ordered, That the petition cate No. MC-90924 Issued August 17, tariff. in Ex Parte No. 299 (Sub-No. 1) be, and 1959, to Albert Hines, Hammond, St. It is further ordered, That in the hear- it is hereby, denied, without prejudice Croix County, Wis., authorizing the ing to be hereafter held herein in Ex to refiling In conformity with the statute transportation of livestock, feed, seed, Parte No. 299, in accordance with sec- and with the requirements of Ex Parte and related commodities; supplies for tion 15a(4) (c) of the Interstate Com- No. 298. farms, and manufactured fertilizers, merce Act, the carrier petitioners shall It is further ordered, That notice of from, to, and between specified points in submit for the record any productivity the entry of this report and order shall Minnesota and Wisconsin. gains experienced in the third quarter of be given to the general public by de- No. MC-FC-74651. By order of Sep- 1973, and the effect on the 1974 projec- positing a copy in the office of the Secre- tember 21, 1973, the Motor Carrier Board tions, including evidence to substantiate tary of the Commission, and by filing a approved'the transfer to Conrad Berg, those projections, as required by the copy with the Director, Office of the Fed- doing businezs as C. Berg Co., Saginaw, statute and Ex Parte No. 298. eral Register, for publication therein. .Minn., of Corrected Permit No. 135683 it is further ordered, That at the sub- By the Comission.F Issued March 23, 1973, to Halco Supply sequent hearing in Ex Parte No. 299, the Co., division of Hallett Dock Co., West railroads shall submit for the record EsEAL] RODE1T L. OSWALD, Duluth, Minn., authorizing the trans- an explanation of why the excepted rates Secretary. portation of bentonite clay from Burnett and charges shall not be increased with- - [FR,Doc.73-20673 Filed 9-2G-73;8:45 am) and Duluth, Minn., to points in Wiscon- out awaiting renewal of individual ar- sin, Michigan, Illinois, Iowa, and North rangements, and of the amount of the Dakota. Dual operations were approved. additional revenue which would be ob- [Notice 3581 '-Mr. Val M. Higgins, attorney at law, 1000 tained therefrom. MOTOR CARRIER BOARD TRANSFER First Natiolal Bank Building, Minne- It is further ordered, That in the hear- PROCEEDINGS apolis, M nn. 55402. ing to be hereafter held herein in Ex: Parte No. 299, the carriers" shall submit Synopses of orders entered by the [SEAL] ROBERT I,. OSWALD, for the record a plan to correct the varia- Motor Carrier Board of the Commilsson Secretary. pursuant to sections 212(b), 206(a), 211, tions among individual railroads in the [FR Dc.73-20676 Filed 9-26-73;8:45 am] amount of increased retirement taxes 312(b), and 410(g) of the Interstate offset by the additional revenues, as ex- Commerce Act, and rules and regulations [Notice 761 emplified in the report. prescribed thereunder (49 CFR Part it is further ordered, That any person 1132), appear below: MOTOR CARRIER, BROKER, WATER CAR- Each application (except as other- RIER AND FREIGHT FORWARDER AP- interested in this proceeding, in Ex Parte PLICATIONS No. 299, shall notify this Commission, wise specifically noted) filed after by filing with the Interstate Commerce March 27, 1972, contains a statement SEP'xrBiR 21,1973. Com nission, Office of Proceedings, Room by applicants that there will be no sig- The following applications (except as -5354, Washington, D.C. 20423, on or nificant effect on the quality of the otherwise specifically noted, each appli- before October 10, 1973, the original himan environment resulting from ap- cant (on applications filed after March and one copy of a statement of his inter- proval of the application. As provided 27, 1972) states that there will be noaig- est. Inasmuch as the Commissibn desires in the Commission's special rules of prac- nificant effect on the quality of the hu- wherever possible (a) to conserve time, tice any interested person may file a man environment resulting from ap- (b) to avoid unnecessary expense to the petition seeking reconsideration of the proval of its application), are governed liublic, and (c) the service of pleadings following numbered proceedings on or by § 1100.2471 of the Commission's gen- by parties in proceedings of the type before October 17, 1973. Pursuant to eral rules of practice (49 CPR, as only upon those who intend to take an section 17(8) of the Interstate Com- amended), published in the FDERAn REG- active part in the proceeding, the state- merce Act, the filing of such a petition is Issue of April 20, 1966, effective -ment of intention to participate shall in- will postpone the effective date of the May 20, 1966. These rules provide, among clude a specification of the extent of order in that proceeding pending Its other things, that a protest to the grant- such person's interest, including (1) disposition. The matters relied upon by ing of an application must be filed with whether such interest extends merely to petitioners must be specified in their the Commission within 30 days after date receiving Commission releases in this petitions with particularity. of notice of filing of the application is proceeding, (2) whether he genuinely No. MC--FC-74386. By order of Sep- published in the FxRELcA REaIST. Fail- wishes to participate in the formal pro- tember 21, 1973, the Motor Carrier Board ure seasonably to file a protest will be ceeding, (3) if he so desires to partici- approved the transfer to Ois C. John- construed as a waiver of opposition and pate as described in (2), whether he will son, doing business as McCook Feed & participation in the proceeding. A pro- consolidate 6r is capable of consolidat- Supply, 212 East "A" Street, McCook, test under these rules should comply with ing his interests with those of other Nebr. 69001, of the operating rights in section 247(d) (3) of the rules of prac- interested parties by filing joint state- Permit No. MC-2825 (sub-No. 1), Issued tice which requires that It set forth spe- ments -in order to limit the number of October 6, 1970, to Darryl W. Peterson cifically the grounds upon which it is copies of pleadings that need be served, and Bonnie L. Peterson, a partnership, made, contain a detailed statement of such consolidation of interest being doing business as Peterson Trucking, protestant's interest in the proceeding strongly urged by the Commission, and P.O. Box 1141, 2140 Buena Vista Drive, (including a copy of the specific por- (4) any other pertinent information Greeley, Colo. 80631, authorizing the tions of Its authority which protestant which will aid in limiting the service list transportation of animal and poultry to be used in this proceeding; and that feeds, from St. Joseph, Mo., to points in believes to be in conflict with that sought this Commission shall then prepare and Colorado, Nebrasla, Kansas, and Wyo- in the application, and describing in de- make available to all such persons a list ming. The operations authorized above tail the method-whether by joinder, containing the names and addresses of are limited to a transportation service interline, or other means-by which pro- all parties-desiring to participate in this to be performed under a continuing con- testant would use such authority to pro- proceeding, and shall designate the na- tract with Schrelber Mills, Inc., and no vide all or part of the service proposed), ture of further proceeding. shipments of molasses for use as feeds, in bulk, In tank vehicles, may be trans- and shall specify with particularity the 'Corrected Report and Order of the Com- ported under the above authority. facts, matters, and things relied upon, mission Wed as part of the original Docu- No. AIC-FC-74514. By order of Sep- but shall not include issues or allega- ment. tember 20,1973, the Motor Carrier Board, tions phrased generally. Protests not in 2The opinions of .Commissioner Hardin, on reconsideration, approved the trans- ICoples of Special Rule 247 (as amended) concurring in part, and Commissioner O'Neal, fer to Joel C. Hanson, doing business as dissenting, are filed as part of the original can be obtained by witing to the Secretary, document. Chairman Brewer did not par- Joel C. Hanson Trucking Service, Ham- Interstate Commerce Commission, Washlng- ticipate. mond, St. Croix County, Wis., of Certifi- ton. D.C. 20423.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26986 NOTICES

reasonable compliance with the, require- applicant requests it be held at either 2008 Clark Tower, 5100 Poplar Avenue, ments of the rules may be rejected. The Charlotte, N.C, Greenville, S.C., or Wash- Memphis, Tenn. 38137. Authority sought original and one (1) copy of the protest ington, D.C. to operate as a common carrier, by mo- shall be filed with the Commission, and No. MC 2392 (Sub-No. 87), filed July tor vehicle, over irregular routes, trans- a copy shall be served concurrently upon 26, 1973. Applicant: WHEELER TRANS- porting: Asphalt mix storage tanlks, bins, applicant's representative, or applicant PORT SERVICE INC., P.O. Box 14248, conveyors, baghouses, evaporative cool- if no~representative is named. If the pro- West Omaha Station, Omaha, Nebr. ers, together with parts, attachments, test includes a request for oral hearing, 68114. Applicant's representative: Keith and accessories moving therewith, (1) such requests shall meet the require- D. Wheeler (same address as applicant). from Glasgow, Mo,, and Leavenworth, ments of section 247(d) (4) of the spe- Authority sought to operate as a com- Kans. (except commodities named above cial rules, and shall include the certifi- -mon carrier,by motor vehicle, over ir- when trailer mounted) and (2) from cation required therein. regular routes, transporting: Liquid feed, Kansas City, Mo. (including commodi- Section 247(f) of the Commission's in bulk, in tank vehicles, from the ware- ties named above when trailer mounted rules of practice further provides that house site of Gooch Milling and Elevator and moving in towaway service), to each applicant shall, if protests to its ap- Company, located in Lincoln, Nebr., to points in the United States (except plication have been filed, and on or be- points in tolorado, Iowa, Kansas, Mis- Alaska and Hawaii), restricted to trafio fore November 26, 1973, notify the Com- souri, South Dakota, and Wyoming. originating at the above named origin mission in writing (1) that it is ready NoE.-Appllcant states that the requested points. to proceed and prosecute the application, authority cannot be tacked with its existing NoTE.-Common control may be involved. or (2) that it wishes to withdraw the ap- authority. If a hearing is deemed necessary, Applicant states that the requested author- plication, failure in which the applica- applicant requests it be held at Omaha or ity cannot be tacked with its existing' au- tion will be dismissed by the Commission. Lincoln, Nebr. thority. If a hearing is deemed necosary, Further processing steps (whether No. MC 2421 (Sub-No. 12), filed applicant requests it be hold at Xansss City modified procedure, oral hearing, or July 16, 1973. Applicant: NEWTON or St. Louis, Alo. other procedures) will be determined TRANSPORTATION COMPANY, INC., No. MC 19945 (Sub-No, 38), filed Au- generally in accordance with the Com- Louis Ave. and Greer St., P.O. Box. 673, gust 13, 1973. Applicant: BE10KE mission's general policy statement con- Lenoir, N.C. 28645. Applicant's repre- TRUCK SERVICE, INC., Route 13, NMv cerning motor carrier licensing proce- sentative: Charles Ephraim, 1250 Conn. Athens, Inl. 62264. Applicant's repro- dures, published in the FEDERAL REGISTER Ave. NW, Washington, D.C. 20036. Au- sentative: Ernest A. Brooks I, 1301 Issue of May 3, 1966. This assignment thority sought to operate as a common Ambassador Bldg., St. Louis, Mo. 63101, will be by Commission order which will carrier, by motor vehicle, over irregular Authority sought to operate as a com- be served on each party of record. Broad- routes, transporting: (1) New furniture, mon carrier, by motor vehicle, over Ir- ening amendments will not be accepted from the plantsite and storage facilities regular routes, transporting: Flue dust, after the date of this publication except of Bernhardt Furniture Company located In bulk, in dump vehicles, from the plant for good cause shown, and restrictive at or near Statesville and Troutman, site of Laclede Steel Co., at Alton, Ill., to amendments will not be entertained fel- N.C., to points in Kentucky, Ohio, and Frit Industriesi Incorporated, at or near lowing publication in the FEDERAL REGIS- West Virginia; and (2) damaged ship- Walnut Ridge, Ark. TEa of a notice that the proceeding has ments o'f new furniture,from the above- NoTr.-Applicant states that the requested been assigned for oral hearing. specified destination points to the above- authority cannot be tacked with Its exist- No. MC 1824- (Sub-No. 62), filed specified origins. ing authority. If a hearing is deemed neces- July 9, 1973. Applicant: PRESTON No.---Applicant states that the requested sary, applicant requests It be hold at St, TRUCKING COMPANY, INC., 151 -authority cannot be tacked with its exist- Louis, Mo., or Chicago, Dl. Easton Blvd., Preston, Maryland 21655. lug authority. If a hearing is deemed neces- No. MC 29452 (Sub-No. 4), fled Applicant's representative: Frank V. sary, applicant requests.it be held at Char- June 21, 1973. Applicant: B.O.W. MC- Klein (same address as applicant). Au- lotte, N.C., or Washington, P.C. PRESS, INC., 12§1 Taney Road, North thority sought to operate as a common No. MC 3094 (Sub-^No. 21), filed Au- Kansas City, Mo. 14116. Applicant's rep- carrier, by motor vehicle, over regular gust 16, 1973. Applicant: SERVICE MO- resentative: John E. Jandera, 641 Harri- routes, transporting: General commod- TOR FREIGHT, INC., 133 East Atlantic son Street, Topeka, Kans. 66603. Author- ities (except those of unusual value, Avenue, Lawnside, N.J. 08045. Ahplicant's ity sought to operate as a common car- Classes A and B explosives, household representative: A. Charles Tell, 100 East rier, by motor vehicle, over regular goods as defined by the Commirsion, Broad Street, Columbus, Ohio 43215. Au- routes, transporting: General commodi- commodities in bulk, and commodities thority sought to operate as a contract ties (except those of unusual value, requiring special equipment), serving carrier,by motor vehicle, over irregular Class A and B explosives, household Sidman, Pa., as an off-route point in routes, transporting: (1) Paper and pa- goods as defined by the Commission, connection with applicant's regular per products, from Whippany, N.J., to commodities in bulk, and commodities route operations between Baltimore, Md., points in Connecticut, Maryland, Massa- requiring special equipment) (1) Be- and Pittsburgh, Pa. chusetts, New Hampshire, New York, tween Burlington, Kans., and Canoy, Pennsylvania, and Rhode Island; (2) Kans., serving the intermediate and off- Nor.-If a hearing is deemed necessary, materialsand supplies used in the manu- route points of Fall River Reservoir, applicant requests it be held at Washington, Eureka, and Moline, and Toronto D.C. facture of. paper and paper products, from points n Connecticut, Maryland, Reservoir; from Burlington, Kans., over No. MC 2253 (Sub-No. 63), filed Au- Massachusetts, New Hampshire, New U.S. Highway 75 to Junction Kansas gust 20, 1973. Applicant: CAROLINA York, Pennsylvania, and Rhode Island, Highway 57 (3 miles west of LeRoy), FREIGHT CARRIERS CORPORATION, to Whippany, N.J.; restricted to service thence over Kansas Highway 57 to Junc- performed under continuing contract or tion Kansas Highway 99 (at Mdadison, N.C. Highway 150 East, Cherryville, N.C. Kans.), thence south over Kansis High- 28021. Applicant's representative: J. S. contracts with International Paper way 99 to junction U.S. Highway 160 (at McCallie, P.O. Box 697, Cherryville, N.C. Company. Sedan, Hans.), thence east over U.S. 28021. Authority sought to operate as a NoT.--Common control and dual opera- Highway 166 to junction U.S. Highway 75 common carrier, by motor vehicle, over tions may be Involved. If a hearing is deemed (3 miles north of Caney, Kans.), thence irregular routes, transporting: Synthetic necessary, applicant requests it be held at over U.S. Highway 75 to Caney, Kans., Columbus, Ohio, or Washington, D.C. and return over the same route; (2) Be- plastic granules, in bulk, from Celriver tween Yates Center, Kans., and Elk City, (York County), S.C., to Amcelle (Alle- No. MC 4405 (Sub-No. 506), filed Au- gust 16, 1973. Applicant: DEALERS Kans., serving the intermediate and off- gany County), Md: route points of New Albany, Buxton, Al- TRANSIT, INC., 2200 East 170th Street, NoTE.-Applicant states that the requested toona, Neodesha, Longton, Elk City authority cannot be tacked with its existing P.O. Box 361, Lansing, Ill. 60438. Appli- Reservoir, Sycamore, and Westphalia; authority. If a,hearing is deemed-necessary, cant's representative: Robert E. Joyner, from Yates Center, Kans., over U.S.

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 269S7

Highway 75 to junction Kansas High- NoTu.-Common control may be involved. line between the United States and Can- Buffalo, Kans.) thence Applicant states that the requested author- ada at or near Oroille, Wash. way 39 (near ity cannot be tacked with its existing au- over Kansas Highway 39 to Elk City, thority. If a hearing Is deemed ncce=ary, No-u-Applcant states that the requested Kans., and return over the same route; appUcant requests It be held at Chicago, IIl. authority cannot be tacked with its exing (3) Between Osage City, Katns., and authority. Appllcant holds contrat carier No. BC 33641 (Sub-No. 104), filed Au- authority in MC 127361 and Subs thereunder; Burlingame, Kans.; from Osage City, therefore dual operations may be Involved. Kans., over US. Highway 56 to Burlin- gust 6, 1973. Applicant: M FREIGHT, INC., 2175 South 3270 West, Salt Lake Common control may also be involved. If a game, and return over the same route; (4) hearing Is deemed necezary, applicant re- Between Ottawa, Kans., and Osage City, City, Utah 80217. Applicant's representa- quests it be held at Seattle, Wash., or Port- Kans, serving the intermediate and off- tive: Carl I,. Steiner, 39 South La Salle land, OreZ. route points of Pomona Reservoir and St., Chicago, Ill. 60603. Authority sought Quenemo; from Ottawa, Kans., over to operate as a common carrier,by motor No. MC 42487 (Sub-No. 811), filed vehicle, over irregular routes, transport- July 16, 1973. Applicant: CONSOLI- Kansas Highway 268 to Osage City; DATED FREIGHTWAYS CORPORA- Kans., and return over the same route; ing: General commodities (except those Elk City, of unusual value, Classes A and B ex- TION OF DELAWARE, 175 .inffeld (5) Between Caney, Kans., and Drive, Menlo Park, Calif. 94025. Appli- Kans., as an alternate route for operat- plosives, household goods us defined by the Commission, commodities in bulk, cant's representative: V. R. Oldenburg, ing convenience in connection with ap- 60680. Au- plicant's regular-route operations; from other than grain and livestock feed, and P.O. Box 5138, Chicago, Ill. Caney, Kans., over US. Highway 75 to commodities requiring special equip- thority sought to operate as a common ment), (1) Between Kansas City, Mo., carrier, by motor vehicle, over regular junction U.S. Highway 160, thence over commodi- US. Highway 160 to Elk City, Kans. and Omaha, Nebr.: From Kansas City, routes, tmnsporting: General Mo., over Interstate Highway 29 (US. ties (except those of unusual value, No.-If a hearing is deemed necessary, Highway 71) to Junction U.S. Highway Classes A and B explosives, household applicant requests it be held at Kansas City, goods as defined by the Commsion, MO. 59, thence over US. Highway 59 to Junc- tion US. Highway 136, thence over US. commodities In bulk, and those requir- No. MC 29886 (Sub-No. 297), filed Highway 136 to Junction Interstate High- ing special equipment), (1) Between At- July 27, 1973. Applicant: DALLAS & way 29 (U.S. Highway 71), thence over lanta, Ga., and Chambersburg, Pa.: From M'VIS FORWARDING CO., INC., 4000 Interstate 29 (US. Highway 71) to Coun- Atlanta, Ga., over Interstate Highway 85 West Sample Street, South Bend, cil Bluffs, Iowa, and return over the same to Lexington, N.C., thence over US. Ind. 46627. Applicant's representative: routes; and (2) Between Omaha, Nebr., Highway 52 to junction Interstate High- Charles Pieroni (same address as appli- and Kansas City, Mo.: From Omaha, way 40 at Winston-Salem, N.C., thence cant). Authority sought to operate as a Nebr., over U.S. Highway 75 to Junction over Interstate Highway 40 to junction common carrier, by motor vehicle, over U.S. Highway 36, thence over US. High- US. Highway 158 at or near Winston- irregular routes, transporting: Printing way 36 to St. Joseph, Mo., thence over Salem, thence over US. Highway 158 to equipment, parts, and attachments,from Interstate Highway 29 (US. Highway Junction U.S. Highway 220, thence over the plant site and warehouse facilities of 71) to Kansas City, Mo., and return over US. Highway 220 to Roanoke, Va., thence Goss Division of MGD Graphic Systems, the same routes; as alternate routes for over US. Highway 220 (Interstate High- Rockwell International, located at Cedar operating convenience only, serving Kan- way 581) to junction Interstate Highway Rapids, Iowa, Chicago, Cicero, and Alock- sas City, Mo., Omaha, Nebr., and Council 81, thence over Interstate Highway 81 ford, Il., to points in Alabama, Florida, -Bluffs, Iowa, for purposes of joinder only. to -Chambersburg, and return over the Georgia, Kentucky, North Carolina, same route, as an alternate route for op- NoTE.-If a bearing Is deemed necedry. erating convenience only in connection South Carolina, Tennessee, West Vir- applicant requests It be held at Salt Lake ginia, Virginia, and Maryland. City, Utah, or Omaha, Nebr. with applicant's regular-route opera- NoTE.-Common control may be involved. tions; (2) Between Winston-Salem, N.C., Applicant states that the requested author- No. MC 33919 (Sub-No. 9), fIled Au- and Chambersburg, Pa.: From Winston- ity cannot be tacked with its existing au- gust 16, 1973. Applicant: FAIRCHILD Salem, N.C., over Interstate Highway 40 thority. If a hearing is deemed necessary, GENERAL FREIGHT, INC., P.O. Box to junction US. Highway 158 at or near applicant requests it be held at Chicago, Ill, 1649, Yakima, Wash. 98907. Applicant's Winston-Salem, thence over US. High- or Washington, D.C. representative: George H. Hart, 1100 way 158 to Junction US. Highway 220, No. MC 29886 (Sub-No. 298), filed Au- IBM Bldg., Seattle, Wash. 98101. Author- thence over US. Highway 220 to Roa- gust 20, 1973. Applicant: DALLAS & ity sought to operate as a common car- noke, Va., thence over US. Highway 220 MAVIS FORWARDING CO., INC., 4000 rier, by motor vehicle, over irregular (Interstate Highway 581) to junction In- and paper over Inter- West Sample Street, South Bend, routes, transporting: Paper terstate Highway 81, thence Ind. 46627. Applicant's representative: products, from the plantsIte of the Geor- state Highway 81 to Chambersburg, Pa., Charles Pieroni (same address as appli- gia Pacific Corporation at Bellingham, and return over the same route, as an cant). Authority sought to operate as a Wash., to points in Oregon. alternate route for operating conven- common carrier,by motor vehicle, over No-r.--AppUcant states that the requested ience only In connection with applicant's irregular routes, transporting: (1) Tkac- authority cannot be tacked with its existing regular-route operations. tors, (2) self-propelled construction, ex- authority. Applicant holds contract carrier 1o-.-Common control may be involved. authority In MO 127361 and Subs thereunder, cavation, and industrial equipment, (3) If a hearing is deemed necezzary, applicant therefore dual operations may be Involved. requests it be held at Washington. D.C. portable concrete pumps, (4) attach- Common control may alzo be involved. If a ments for the commodities described hearing is deemed necezry. applicant re- No. MC 52460 (Sub-No. 126), filed above in (1), (2), and (3) above, (5) quests It be held at Seattle, Washa., or Port- August 20, 1973. Applicant: HUGH cabs for the commodities described in land, Oreg. BREEDING, INC., 1420 W. 35th St., above, (6) internal combus- (1) and (2) No. MC 33919 (Sub-No. 10), filed Au- P.O. Box 9637, Tulsa, Okla. 74107. Appli- engines, and (17) parts and acces- tion gust 16, 1973. Applicant: FAIRCHILD cant's representative: Steve B. McCom- sories for the commodities described GENERAL FREIGHT, INC., P.O. Box mans (same address as applicant). Au- above in (1) through (6) when moving 1649, Yaklima, Wash. 98907. Applicant's thority sought to operate as a common in mixed loads therewith, from the plant representative: George H. Hart, 1100 carrier,by motor vehicle, over irregular and warehouse sites of J. I. Case Co., routes, transporting: Coal tar products, located at or near Terre Haute, Ind., to IBM Bldg., Seattle, Wash. 98901. Au- from Stroud, Okla., to points in the points in Connecticut, Delaware, Maine, thority sought to operate as a common United States (except Alaska and Maryland, .Massachusetts, New Hamp- carrier,by motor vehicle, over Irregular Hawaii). shire, New Jersey, New York, Rhode Is- routes, transporting: Paper and paper Nou.-ApplIcant states that the requested land, Vermont, Virginia, and the District products, from Yakima, Wash., to ports authority cannot be tacked with its existing of Columbia. of entry on the International Boundary authority. If a hearing Is deemed neceszary,

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26988 NOTICES

applicant requests it be held at either Okla- Applicant's representative: John T. Coon No. MC homa City or Tulsa, Okla., Kansas City, Mo, 82492 (Sub-No. 86), filed Au- or Dallas, Tex. (same address as applicant). Authority gust 9, 1973. Applicant: MICHIGAN & sought to operate as a common carrier, NEBRASKA TRANSIT CO., INC., P.O. No. MC 52460 (Sub-No. 127), filed by motor vehicle, over irregular routes, Box 2853, 2109 Olmstead Road, Kalama- August 21, 1973. Applicant. , HUGH transporting: Wire handling machine, zoo, Mich. 49003. Applicant's representa- BREEDING, INC., 1420 W. 35th St parts ad supplies, machinery and ma- tive: William C. Harris (same address P.O. Box 9637, Tulsa, Okla. 74107. Ap- chine phrtsgeneratorsor motors, or gen- as applicant). Authority sought to oper- plicant's representative: Steve B. Me- erators and motors combined or parts, ate as a common carrier, by motor ve- Commas (same address as applicant). between Ventura, Calif., on the one hand, hicle, over irregular routes, transporting: Authority sought to operate as a com- and, on the other, points Ii the United Foodstuffs (except frozen foods and com- mon carrier, by motor vehicle, over ir- States (except Alaska and Hawaii). Re- modities in bulk), from Decatur, Ind., to regular routes, transporting: Petroleum stricted to traffic originating at or des- points in Illinois, Iowa, Kansas, Ken- products in containers, from Kansas tined to the plantsite facilities of the tucky, Michigan, Minnesota, Missouri, City, Kans., and its Commercial Zone, to Whitacre Corporation located at or near Nebraska, North Dakota, Ohio, South points in Alabama, Arkansas, Arizona,. Ventura, Calif. Dakota, and Wisconsin. Colorado, Florida, Georgia, Louisiana, Nor=.-Common Mississippi, Montana, control may be involved. NoTE.-Applicant states that the requested North Carolina, Applicant states that the requested authority authority cannot be tacked with its existing South Carolina, Tennessee, Utah, and cannot be tacked with its existing authority. authority. If a hearing is deemed necessary, Wyoming. The purpose of this republication is to amend applicant requests it be held at Washington, NoTE.-Applicant states that the requested the application to reflect service from the new D.C., or Chicago, Ill. facility of the supporting shipper which has authority cannot be tacked with its existing No. MC 87720 (Sub-No. authority. If a hearing is deemed necessary, been relocated at Ventura, Calif., and to re- 149), filed applicant requests it be strict the movement of traffic between the August 16, 1p73. Applicant: BASS held at Kansas City, .points TRANSPORTATION Mo., or Oklahoma City, Okla. named above. If a hearing is deemed CO., INC., P.O. Box necessary, applicant requests it be held at 391, Flemington, N.J. 08822. Applicant'S No. MC 55896 (Sub-No. 42), filed Au- Denver, Colo., or Los Angeles, Calif. -representative: Bert Collins, Suite 6193, gust 9, 1973. Applicant: R-W SERVICE No. MC 77972 (Sub-No. 21), filed July 5 World Trade Ctr., New York, N.Y. 10048. SYSTEM, INC., 20225 Goddard Road, 24, 1973. Applicant: MERCHANTS Authority sought to operate as a contract Taylor, Mich. 48180. Applicant's repre- TRUCK LINE, INC., P.O. Box 908, New carrier, by motor vehicle, over irregular sentative: Martin J. Leavitt, 22375 Hag- Albany, Miss. 38652. Applicant's repre- routes, transporting: (1) Cleaning com- gerty Road, P.O. Box 400, Northville, sentative: Donald B. Morrison, 717 De- pounds, pot scourers, and steel wool (ex- Mich. 48167. Authority sought to oper- posit Guaranty National Bank Bldg., cept in bulk), from the plant sites and fa- ate as a common carrier,by motor ve- P.O. Box 22628, Jackson, Miss. 39205. cilities of Purex Corporation, Ltd., located hicle, over irregular routes, transporting: Authority sought to operate as a common at London, Ohio, to points in Massachu- Wood products and display racks, from carrier, by motor vehicle, over regular setts, Rhode Island, Connecticut, Now Alpena, Mich., to points in Illinois, Indi- routes, transporting: General commodi- York, New Jersey, Pennsylvania, Dela- ana, Ohio, and Wisconsin; Ashland, ties (except commodities in bulk, live- ware, Maryland, North Carolina, South Lexington, Louisville, Owensboro, and stock, Classes A and B explosives, and Carolina, Virginia, Kentucky, Tennessee, Paducah, Ky.; Cape Girardeau, Hanni- commodities which because of size and Mississippi, Ohio, Indiana, Illinois, Mis- bal, and St. Louis, Mo.; and Charleston, weight require the use of special equip- souri, Arkansas, Texas, Georgia, Florida, Huntington, Parkersburg, and Wheeling, ment), serving the plant site and/or West Virginia, Louisiana, and Alabama, W.Va. warehouse facilities of Futorian Corpo- and (2) materials, supplies, and equip- NoTE-Applicant states that the requested ration, Decorian Division, located at or ment (except in bulk), from the above authority cannot be tacked with its exist- near Guntown, Miss., as off-route points named destination states to London, ing authority. If a hearing Is deemed neces- in connection with applicant's regular- Ohio, under contract with Purex Cor- sary, applicant requests it be held at Chicago, route operations to and from Tupelo, poration, Ltd. Ill., or Washington, D.C. Miss. and Memphis, Tenn. NoTE.-Dual operations may be involved. No. MC 56167 (Sub-No. 9), filed Au- NoTE.-If a hearing is deemed necessary, If a hearing is deemed necessary, applicant gust 16, 1973. Applicant: DAVID I. applicant requests it be held at Memphis, requests it be held at Washington, D.C, HERSHEY, RD. #5, Hanover, Pa. 17331. Tenn., or Jackson, Miss. No. MC' 88161 (Sub-No: 87), filed Applicant's representative: Joirn M. No. MC 78228 (Sub-No. 43), filed July "Musselman, July 23, 1973. Applicant: INLAND P.O. Box 1146, 410 North 20, 1973. Applicant: J MILLER EX- TRANSPORTATION Third Street, Harrisburg, Pa. 17108. Au- CO., INC., 6737 PRESS, INC., 152 Wabash Street, Pitts- Corson Avenue South, Seattle, Wash. thority sought to operate as a common burgh, Pa. 15220. Applicant's representa- carrier,by motor 98108. Applicant's representative: vehicle, over irregular tive: Henry M. Wick, Jr., 2310 Grant Stephen A. Cole routes, tralisporting: Limestone and (same address as appll- Bldg., Pittsburgh, Pa. 15219. Authority cant). Authority sought to operate as a limestone products, from the plantsite sought to operate as a common carrier, of The J. E. Baker common carrier,by motor vehicle, over Company located at by motor vehicle, over irregular routes, irregular routes, Manchester Township (York County), addi- transporting: Liquid transporting: (1) Foundry sand resins, in bulk, and resin catalysts, In Pa., and the sales origins of the J. E. tives, from Wadsworth, Ohio, to points Baker Company drums or bags, on the same vehicle In in Earl, Paradise, in Maryland, Virginia, Delaware, Rhode combination and Salisbury Townships (Lancaster for the same shipper, (1) Island, New Hampshire, Vermont, and from Kent and Tacoma, Wash., to points County), Pa., to points in Delaware, Maine; (2) foundry sand additives, in Maryland, New Jersey, New York, Vir- in Idaho, Montana, Oregon, and Utah, bulk, from .Wadsworth, Ohio, to points and (2) from Eugene, Springfield, and ginia, West Virginia, and the District of in Connecticut, Massachusetts, and New Columbia. Portland, Oreg., to points In Idaho, Mon- Jersey; and (3) foundry sand additives tana, Utah, and Washington. Norn.-Applicant states that the requested (except in bulk), from Wadsworth, Ohio, authority cannot be tacked with its existing to points in Michigan, those in Indiana NoTE.-Applicant also holds contract car- authority, If a hearing is deemed necessary, on and north of rier authority in MC 128203 (Sub-No. 1), U.S. Highway 30, those therefore, dual operations may be inivolved, applicant requests It be held at Harrisburg, in New Pa., or Washington, D.C. York on and west of New York Applicant states that the requested authority Highway 12, and points in West Virginia cannot be tacked with its existing authority. No. MC 76032 (Sub-No. If a 273) (AMEND-" (except those in Brooke and Hancock hearing is deemed necessary, applicant MENT), filed January 6, 1971, published requests it be held at Seattle, Wash., or Port- in the FEDERAL REGISTER issue of Janu- Counties south of U.S. Highway 60). land, Oreg. ary 28, 1971, and republished as amended, NoTx.-Common control may be involved. No. MC 97699 Applicant states that the (sub-No. 40), filed Au- t h i s issue. Applicant: NAVAJO requested authority gust 8, 1973. Applicant: BARBER FREIGHT LINES, cannot be tacked with its existing authority. INC., 1205 South If a hearing is deemed necessary, applicant TRANSPORTATION CO., a corporation, Platte River Drive, Denver, Colo. 80223. requests it be held at Washington, D.C. Deadwood Avenue, Rapid City, S.' Dak,

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEABER 27, 1973 NOTICES 269S9

57701. Applicant's representative: Leslie Nor z.-Applicant states that the requested SLEY TRUCKING, INC, P.O. Box 1119, R. Kehl, Suite 1600 Lincoln Center, 1660 authority cannot be tacked with its existing Cape Girardeau, Mo. 63701. Applicant's Lincoln Street, Denver, Colo. 80203. Au- authority. If a hearing Is deemed neceseary, representative: Thomas F. Kilroy, P.O. applicant requests It be held at Washington, Box 624, Springfield, Va. 22150. Author- thority sought to operate as a common D.C, or New Orleans, La. carrier, by motor vehicle, over regular ity sought to operate as a common car- routes, transporting: General commodi- No. MC 105159 (Sub-No. 29) (amend- ier, by motor vehicle, over irregular ties (except classes A and B explosives, ment), filed July 5, 1973, published in the routes, transporting: (1) Automobile household goods as defined by the Com- FEDERAL REGISmR Issue of September 7, parts, from Fairfield. I1l, and Marked mission, commodities in bulk and com- 1973, and republished, as amended, this Tree, Ark., to points in Arizona, Nevada, modities which because of size or weight issue. Applicant: KNUDSEN TRUCK- California, and Danas, Tex, and (2) au- require special equipment), Between ING, INC, 1320 West Main Street, Red tomobile parts and materials and sup- Sioux Falls, S. Dak., and Omaha, Nebr.: Wing, Mnn. 55066. Applicant's repre- plies used in the manufacture of auto- From Sioux Falls, S. Dak., over inter- sentative: Robert D. Gisvold, 1000 First mobile parts, from points in California, state Hlghway 29 to Omaha, Nebr., and National Bank Building, Minneapolis, to Fairfield, Ill. and Marked Tree, Ark. return over the same route; as an alter- Minn. 55402. Authority sought to oper- Noux-ApplIcant states that the requested nate route for operating convenience ate as a common carrier, by motor ve- authority cannot be tacked with its existing only in connection with carrier's present hicle, over irregular routes, transport- authority. If a hearing is deemed necesary. regular route operations, serving no in- Ing: (1) Cheese and cheese products, applicant requests it 1qe held at Washington, termediate points. from points in Wisconsin (except -arsh-D.C., or St. Louis, Mo. field and Brown County), and Bongard Nor.-f a hearing Is deemed necessary. No. MC 105566 (Sub-No. 95). filed applicant requests it be held at Omaha, Nebr, and Dalbo, Minn., to Philadelphia, Pa, August 6, 1973. Applicant: SAM TANK- or Sioux Falls, S. fak. Richmond and Norfolk, Va., North Caro- SLEY TRUCKING, INC., P.O. Box 1119, lina, Columbia, S.C., Baltimore, Md., No. MC 103051 (sub-No. 284)j filed Au- Cape Girardeau, Mo. 63701. Applicant's and Boston, Mas., restricted to traffic representative: Thomas F. Kilroy, P.O. gust 6,1973 Applicant:FLEET TRANS- originating at the storage and produc- COMPANY, INC., 934 44th Avenue Box 624, Springfield, Va. 22150. Authority PORT tion facilities serving Wildsteln, a divl- sought to operate as a common carrier, North, Nashville, -Tenn. 37209. Appli- slon of Brooke Bond Foods, Inc., and cant's representative: Russell E. Stone by motor vehicle, over Irregular routes, destined to the above-named points; (2) transporting: Drapery hardware, fro (same address as applicant). Authority cheese and cheese products, from the as a common carrier, the plantslte and facilities of Scotscraft, sought to operate plantslte and warehouse facility of Wild- Inc., at or near Scottsvlle, Ky, to points by motor vehicle, over irregular routes, stein, a division of Brooke Bond Foods, Corn syrup, in bulk, 1ja in Colorado, Nevada, Utah, Arizona,. transporting: Inc., at Philadelphia, Pa., to Richmond and tank vehicles, from Lebanon, Tenn., to and Norfolk, Va., North Carolina, Co- California, Idaho, Oregon points in Alabama, Arkansas, Georgia, lumbia, S.C., and Baltimore, Md.; (3) Washington. Kentucky, Mississlpp1,_Mlssouri, North empty steel drum containers, used for Norr.-ApplIcant states that the requested Carolina, Tennessee, and Virginia. transporting cheese and cheese products, authority cannot be tacked with Its existing facill- authority. If a hearing is deemed necessary. No=.-Common control and dual opera- from the plantstte and warehouse applicant requests It be held at Louisville, tions may be Involved. Applicant states that ties of Wildstein, a division of Brooke Xy., or Washington. D.C. the requested authority can be tacked at: Bond Foods, Inc., at Philadelphia, Pa., to (1) Atlanta, Ga., to serve points IrL Florida points in Wisconsin and Bongard and No. MC 105566 (Sub-No. 97), fled and South Carolina, (2) Brmingham, Ala, Dalbo, Mnn.; and (4) inedMle cheme August 6, 1973. Applicant: SAM TANK- to serve points in Louisiana, and-(3) points and inedible clie.e products, from the SLEY TRUCKING, INC., P.O. Box 119. in ]Kentucky to provide a- through service plantsite and warehouse facilities of Cape Girardean, Mo. 65701. Applicant's from Winter Haven, Fla., to points In Ten- Thomas F. Kilroy, P.O. nessee. If a hearing Is deemed necessary, ap- Wildstein, a division of Brooke Bond representative: plicate requests It be held at Nashville, Tenn., Foods, Inc., located at or near Walnes- Box 624, Springfield, Va. 22150. Authority or Atlanta, Ga. port, N.J., to points in Everson, Pa. and sought to operate as a common carrier, Peoria, Il. by motor vehicle, over irregular routes, No. MC 103498 (sub-No. 36), filed Au- transporting: Canned goods and canned gust 16, 1973. Applicant: W. D. SnMTH NoTE.-The purpose of this republication Is to ndicate in part (4) applicant subst- goods in miTed shipments with commodi- TRUCK LINE, INC., P.O. Drawer C, De- tutes Halnesport, X.T., in leu of PhIladel- ties exempt under the provisioni of sec- Queen, Ark. 71832. Applicant's repre-, phia, Pa, as an origin point and adds Ever- ton 203(b) of the act, from points In sentative: Donald T. Jack, Jr., 1550 son, Pa., as a destination point. Applicant Yakima County, Wash., to points in Ne- Tower Building, LittIe Rock, Ark. 72201. states that the requested authority cannot braska, Kansas, Oklahoma, Texas, Min- Authority sought to operate as a common be tacked with its existing authority. If nesota, Iowa, Mismri. Arkansas, Loul- carrier,by motor vehicle, over irregular a hearing is deemed necessary, applicant re- quests It be held at uinneapolis, Minn. siana, Mississippi, Alabama, Georgia, routes, transporting: Lumber, from the South Carolina, North Carolina, Tennes- plantsite of Georgia-Pacific Corp., at or No. MC 105566 (Sub-No. 93), filed Au- see, Kentucky, VirginSa, West Virginia, near El Dorado, Ark., to points in gust 6, 1973. Applicant: SAM TANK- Illinois, Indiana, Ohio, Michigan, Wis- Alabama. SLEY TRUCKING, INC, P.O. Box 1119, consin, New York, and Pennsylvania. Nom-Applicant states that the re- Cape Girardeau, Mo. 63701. Applicant's Norr.-Applcant states that the requested quested authority cannot'be tacked with representative: Thomas F. Kilroy, P.O. authority cannot be tacked with Its exist- its existing authority. If a hearing is deemed Box 624. Springfield, Va. 22150. Author- ing authority. If a hearing is deemed neces- necessary, applicant requests it be held at Ity sought to operate as a common car- sary, applicant does not specify a location. Little 'Bock, Ark. rier, by motor vehicle, over Irregular No. MC 105813 (Sub-No. 191), filed No. MC 104683 (Sub-No. 33), filed July routes, transporting: Pulpboard, not August 6, 1973. Applicant: BELFORD 13, 1973. Applicant: TRANSPORT, INC., corrugated, from Indianapolis, Ind, to TRUCKING CO., INC, 3500 -Northwest 1008-B Street, P.O. Box 1696, Meridian, points in Montana, Wyoming, Colorado, 79th Avenue, Miamt, lFa. 33148. Appli- Miss. 39301. Applicant's representative: New Mexico, Idaho, Utah, Arizona, Ne- cants representative: Arnold L. Burke, W. Guy McKenzie, Jr., P.O. Box 1200, vada, California, Oregon, and Washing- 127 North Dearborn Street, Chicago, Ill. sought Tallahassee, Fla. 32302. Authority ton. 60602. Authority sought to operate as a to operate as a common carrier,by motor No-.--Applicant states that the requested common carrier, by motor vehicle, over vehicle, over irregular routes, transport- authority cannot be tacked with its exist- irregular routes, transporting: Candy ing: Pulp mill liquid and crude call oil, ing authority. If a hearing Is deemed nec- and donfectionery, from Naugatuck, in bulk, in tank vehicles, from the plant- essary, applicant requests It be held at Wash- ington, D.C. or Indianapolis, Ind. Conn., to pointsinFlorida. site of St. Regis Paper Co. located at No-.-Commcn control may be involved. Ferguson, Miss., to points in Alabama, No. MC 105566 (Sub-No. 94), filed Au- Applicant states that the requested Authority Flohida, and Louisiana. gust 6, 1973. Applicant: SAM TANK- cannot be tacked with Its existing authority.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 No. 187-Pt. I- 14 26990 NOTICES

If a hearing Is dvemed necessary, applicant ments, in truckaway service), between operations may be involved. Applicant states requests it be held at Chicago, IlL. points in Minnesota, Montana, North that the requested authority cannot be Dakota, and South Dakota. tacked with its existing authority. If a hear- No. MC 106127 (Sub-No. 10), filed Ing Is deemed necessary, applicant requests August 2,1973. Applicant: PETROLEUM NoTE.-Applicant states that the requested it be held at Seatfle, Wash., or San Francisco, TANK LINES, INC., Sheffield Road, authority can be tacked at: (a) points in Calif. Sheffield, Mass. 01257. Applicant's rep- the lower half of Minnesota to serve the ad- resentative: David M. Marshall, 135 State ditional points of Iowa; Detroit, Mich.; No. MC 107295 (Sub-No. 661), filed Street, Suite 200, Springfield, Mass. Omaha, Nebr.; and Toledo, Ohio; (b) points August 3, 1973. Applicant: PRE-FAB in Minnesota, to provide a through service TRANSIT CO., a corporation, 100 South 01103. Authority sought to operate as a from Milwaukee, Wis., to points in Montang; common carrier, by motor vehicle, over Mslin Street, Farmer City, M1l. 61842. (c) points in Iowa (tacked to (a) above) Applicant's representative: Mack Ste- irregular routes, transporting: Lumber, to serve points in Illinois, Indiana, Maryland, wood products and forest products, be- Ohio, Pennsylvania, and the District of phenson (same address as applicant). tween points in Berkshire County, Mass., Columbia; and (d) Minneapolis and St. Authority sought to operate as a common on the one hand, and, on the other, Paul, Minn., to serve points in Douglas, carrier,by motor vehicle, over irregular points in Maine, New Hampshire, Ver- Bayfleld, Ashland, Burnett, Washburn, routes, transporting: Floating boat Sawyer, Polk, Barron, Rusk, Price, Taylor. docks, ramps, materials, supplies, and mont, Massachusetts, Connecticut, Rhode St. Croix, Dunn, Chippewa, Clark, Pierce, Island, New York, Pennsylvania, New fixtures and accessories incidental to Pepin, Eau Claire, Buffalo, Jackson, Trem- completion, erection, and installation Jersey, Delaware, and Maryland. pealeau, and La Crosse Counties, Wis. If a hearing Is deemed necessary, thereof, from Galesburg, Ill., to points in No=.-Applicant states that the requested applicant re- the United States in and east of Mon- authority cannot be tacked with its exist- quests it be held at Minneapolis, Minn., or Chicago, IlL. tana, Wyoming, Colorado, and New ing authority. If a hearing Is deemed nec- Mexico. essary, applicant requests it be held at No. MC 106839 (Sub-No. 5), filed either Albany, N.Y., Hartford, Conn., or Nov.-Applicant states that the requested Boston, Mass. July 5, 1973. Applicant: LARSEN authority cannot be tacked with Its existing MOTOR LINES, INC., 440 Erato Street, authority. If a hearing Is deemed necessary, No. MC 106398 (Sub-No. 683), filed New Orleans, La. 70120. Applicant's rep- applicant requests it be hold at Pittsburgh, August 6, 1973. Applicant: NATIONAL resentative: Henry O'Connor, Jr., 1440 Pa. TRAILER CONVOY, INC., 1925 National Oil and Gas Building, New Orleans, La. Plaza, Tulsa, Okla. 74151. Applicant's 70112. Authority sought to operate as a No. MC 107295 (Sub-No. 663), filed representative: Irvin TUll (same address common carrier,by motor vehicle, over August 10, 1973. Applicant: PRE-AB as applicant). Authority sought to oper- regular routes, transporting: Refriger- TRANSIT CO., a corporation, 100 South ate as a common carrier,by motor vehi-" ants and such merchandise as is dealt in Main Street, Farmer City, Ill. 61842. Ap- cle, over irregular routes, transporting: by retail hardware and appliance stores, plicant's representative: Mack Stephen- Trailers, designed to be drawn by pas- between New Orleans, La., and its com- son (same address *as applicant). Au- senger automobiles in initial movements, mercial zone and Pascagoula, Miss.: thority sought to operate as a common from points in Iron County, Wis., to From New Orleans, La., over U.S. High- carrier,by motor vehicle, over irregular points in the United States (except way 90 and/or Interstate Highway 10- routes, transporting: Urethane products, Alaska and Hawaii). to Pascagoula, Miss., serving all inter- (1) from Linden,,N.J., to points in North mediate points and serving off-route Carolina, South Carolina, Virginia, and NoTr.-Dual operations and common con- Georgia, and (2) from Belvidere, trol may be involved. Applicant states that points. Ill., to the requested authority cannot be tacked points in the United States (exCept NoTE.-If a hearing is deemed necessary, Alaska and Hawaii). with Its existing authority. If a hearing is applicant requests it be held at New Orleans, deemed necessary, applicant requests it be La. NoTE.-Applicant states that the requested held at Duluth, Minn. authority cannot be tacked with its existing No. MC 106603 (Sub-No. 130), filed No. MC 107012 (Sub-No. 182) (correc- authority. If a hearing l deemed necessary, tion), filed June 7, 1973, published in the applicant requests it be held at Washington, August 8, 1973. Applicant: DIRECT D.C., or New TRANSIT FEDERAL REGISTER issue of August 2, 1973, York, N.Y. LINES, INC., 200 Colrain and republished, Street SW., Grand Rapids, Mich. 49508. as corrected this issue. No. MC 107295 (Sub-No. 664), filed AU- Applicant: NORTH AMERICAN VAN gust 16, 1973. Applicant: PRE-FAB Applicant's representative: Martin J. LINES, INC., Leavitt, P.O. Box 400, Northville, Mich. P.O. Box 988, Lincoln High- TRANSIT CO., . corporation, 100 South 48167. Authority sought to operate as a way East & Meyer Road, Fort Wayne, Main Street, Farmer City, Ill. 61842. Ap- Ind. 46801. Applicant's representative: plicant's representative: Mack Stephen- common carrier,by motor vehicle, over Terry G. Fewell (same address as appli- irregular routes, transporting: Salt and son (same address as applicant). Author- cant). Authority sought to operate as a ity sought to operate as a common salt products and materials and supplies common (except in bulk), used in the agricultural, carrier,by motor vehicle, over carrier, by motor vehicle, over irregular irregular routes, transporting: New fur- routes, transporting: Gypsum and water, treatment, food processing, whole- niture, new household sale grocery, and institutional supply in- furnishings, fix- gypsum products, composition board,in- tures, appliances, and equipment, and sulating materials, roofing and roofing dustries, in mixed loads with salt and salt new commercial products, from St. Clair, Mich., to points and institutional fur- materials, urethane and urethane prod- .nishings, fixtures, and equipment, all ucts, building and constructionmaterials, in Ohio. uncrated, from points in Washington NoTE.-Applicant and related materials, supplies, and ac- also holds contract car- and Oregon, to points in Alabama, Ari- cessories incidental thereto (except com- rier authority in MC 46240 and subs there- zona, Arkansas, California, Colorado, under, therefore dual operations may be in- modities in bulk), between the plantsite Florida, Georgia, Idaho, Iowa, Kansas, and warehousing facilities volved. Applicant states that the requested Kentucky, of the Celotex authority cannot be tacked with its existing Louisiana, Minnesota, Missis- Corp., located at points in Marion authority. If a hearing is deemed necessary, sippi, Montana, Nebraska, Nevada, New County, S.C., and points In Arkansas, applicant requests it be held at Washington, Mexico, North Carolina, North Dakota, Illinois, Indiana, Iowa, Kentucky, Mich- D.C., or Chicago, Ill. Oklahoma, Oregon, South Carolina, igan, Missouri, Ohio, Tennessee, and South Dakota, Tennessee, Texas, Utah, Wisconsin; restricted to the transporta- No. MC 106647 (Sub-No. 41), filed Virginia, August 1, 1973. Applicant: CLARK Washington, and Wyoming, re- tion of shipments originating at or des- TRANSPORT COMPANY, INC., P.O. stricted against the transportation of tined to points in the above-named Box 395, Chicago Heights, Ill. 60411. Ap- commodities which because of size or states. plicant's representative: Charles W. weight require the use of special No.--Applicant states that the requested Singer, 327 South LaSalle Street, Chi- equipment. authority cannot be tacked with Its exist- ing authority. If a hearing Is deemed neces- cago, Ill. 60604. Authority sought to No .- The purpose of this republication Is sary, applicant requests it be hold at either operate as a common carrier, by motor to indicate that applicant seeks to transport Chicago, or St. Louis, Ill., or Washington, D.C. uncrated commodities in lieu of crated com- vehicle, over irregular routes, transport- modities which was inadvertently previously No. MC 107295 (Sub-No. 665), filed Au- ing: Motor vehicles (in secondary move- published In error. Common control and dual gust 9, 1973. Applicant: PRE-FAB

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26991

TRANSIT CO., corporation, 100 South Iowa, Minnesota, Missouri, Nebraska, representative: Jim R. Gardner (same Main Street, Parmer City, 31L. 61842. Ap- North Dakota, and South Dakota. address as applicant). Authority sought plicant's representative: Mack Stephen- NoTr.--Common control may be involved. to operate as a common carrier,by mo- son (same address as applicant). Author- Applicant states that the requested authority tor vehicle, over Irregular routes, trans- ity sought to operate as a common cannot be tacked with its existing authority. porting: Camping equipment (except carrier, by motor vehicle, over irregular If a hearing Is deemed necessary. applicant vehicular) and equipment and supplies routes, transporting: Aluminum pipe and requests it be held at Minneapolis, inn used In the manufacture and packaging tubing, aluminum billets, aluminum No. MC 110525 (Sub-No. 1068), filed of camping equipment, from (1) St. dross, aluminum fittings and unfinished George, Utah. to points in Washington August 20, 1973. Applicant: CHEMICAL and California, and (2) points in MIs- aluminum shapes, from Ellenvi~le, N.Y. LEAMAN TANK LINES, INC., 520 East to points in the United States (except Lancaster Avenue, Downingtown, Pa. souri. to points in California, Idaho, Alaska, Hawaii, Minnesota, Iowa, Ne- 19335. Applicant's representative: Thom- Nevada, Oregon, Utah, and Washington. braska, Kansas, Missouri, Oklahoma, as J. O'Brien (same address as appli- Namo.-Aplillcant states that the requested and Texas).. cant). Authority sought to operate as a authority cannot be tacked with its exlsti authority. If a hearing is deemed necessary. Non -Applicant states that the requested common carrier,by motor vehicle, over applicant requests It be held at St. Louis, authority cannot be tacked with its exist- irregular routes, transporting: (1) Ce- Mo, or Eanss City, Mo. Ing authority. If a hearing is deemed neces- ment dust, in bulk, in tank vehicles, from sary, applicant requests it be held at Wash- No. MC 112822 (Sub-No. 286), filed Au- ington, D.C. points in Berks, Northampton, and Le- high Counties, Pa., to points In Delaware, gust 20, 1973. Applicant: BRAY LINES No. MC 107515 (Sub-No. 870), filed Au- Maryland, New York, and New Jersey: INC, P.O. Box 1191, 1401 North Little gust 22, 1973.- Applicant: REFRIGER- and (2) aqueous sulfuric acid, In bulk, in Street, Cushing, Okla. 74023. Applicants ATED TRANSPORT CO., INC., P.O. tank vehicles, from Rockville, Conn., to representative: Robert A. Stone (same Box 308, Forest Park, Ga. 30050. Appli- Adams, Mass. address as applicant). Authority sought cant's representative: Paul M. Daniell, Nwor.-Applicant states that the requested to operate as a common carrier,by mo- P.O. Box 872, Atlanta, Ga. 30301. Au- authority can be tacked In part (1) only tor vehicle, over irregular routes, trans- thority sought-to operate as a common at Fort Lee, N.T., to servo points In Masea- porting: (1) Wine, in mixed shipments carrier,by motor vehicle, over irregular chusetts, Rhode Island, and Connecticut. If with canned goods, from the plant and routes, transporting: Foodstuffs (except a hearing is deemed necesary, applicant re- storage facilities of Seneca Foods Corp. frozen foods and commodities in-bulk), quests It be held at New York, N.Y. at Pr sser, Wash., to points in Arizona, Arkansas, Colorado, Iowa, Kashsas, Mis- from Decatur, Ind., to points in Alabama, No. MC 111045 (sub-No. 107), filed Connecticut, Delaware, Florida, Georgia, August 10, 1973. Applicant: REDWING sourl, Nebraska, New Mexico, Oklahoma, Illinois, Kansas, Kentucky, Maine, Mary- Texas, Wyoming. South Dakota, North CARRIERS, INC., P.O. Box 426, Tampa, Minnesota, Wisconsin, Illinois, land, Massachusetts, Michigan, Minne- 'Fla. 33601. Applicant's representative: J. Dakota, sota, Mississippi, Missouri, ]Few Hamp- V. McCoy (same address as applicant). Idaho, Utah, and Indiana; and (2) shire, New Jersey, New York, North canned goods, from the plant and stor- Authority sought to operate as a com- of Seneca Foods Corp. at Carolina, Ohio, Pennsylvania, Rhode Is- mon carrier, by motor vehicle, over ir- age facilities land, South Carolina, Tennessee, Ver- Prosser, Wash., to points in South regular routes, transporting: Paint re- Wisconsin, and mont, Virginia, West Virginfa, Wisconsin moving compounds, in bulk, in tank Dakota, Minnesota, and the District of Columbia. vehicles, from Montgomery, Ala., to Illinois. Nom-Applicant states that the requested Wichita, Kans. Noxn-Applcant, states that the requested authority cannot be tacked with Its existing authority cannot be tacked with its existing authority. If a hearing is deemed necessary, Norv.-Appllcant states that the requested authority. If a hearing is deemed necessary applicant requests It be held at IndianapolLs, authority cannot be tacked with Its existing applicant requests It be held at Portland, Ind.- authority, If a hearing is deemed necessary, Ore . or Seattle, Wash. applicant requests It be held at Birmingham, No. MC 108375 (Sub-No. 33), fmed Au- Ala., or Philadelphia, Pa. No. MC 112822 (sub-No. 287), flied Au- gust 6,1973. Applicant: LEROY L. WADE gust 21, 1973. Applicant: BRAY LINES & SON, INC., 10550 1 Street, P.O. Box No. MC 112304 (sub-No. 70), flIed INC, P.O. Box 1191, 1401 North Little July 5, 1973. Applicant: ACE DORAN Street, Cushing, Okla. 74023. Applicant's 27053, Omaha, Nebr. 68127. Applicant's CO., a corpora- representative: Donald L. Stern, 530 Uni- HAULING & RIGGING representative: Robert A. Stone (same vac Building (7100 West Center Road), tion, 1601 Blue Rock Street, Cincinnnti, address as applicant). Authority sought; Ohio 45223. Applicant's representative: to operate as a commoircarrimr,by mo- Omaha, Nebr. 68106. Authority sought to 100 East Broad Street, operate as a common carrier,by motor A. Charles Tell, tor vehicle, over irregular routes, trans- Cincinnati, Ohio 43215. Authority sought porting: Preparedfoodstuffs, in vehicles vehicle, over irregular routes, transport- to operate as a common carrier,by motor ing: Used automobiles, from Omaha, equipped with mechanical refrigeration, Minnesota, Kansas, vehicle, over irregular routes, transport- from. Seelyville, Ind. to points in Ar- Nebr., to points in ing: Refractories and refractory prod- and South Dakota (except Lawrence, kansas, Missouri, Iowa, Minnesota, Wis- Custer, Meade, Pennington, Butte, and ucts (except commodities in bulk) from conusin, Texas, Oklahoma, Kansas, Ne- Counties, S. Dak.) ; restricted points in Greenup County, Ky., to points braska, South Dakota, North Dakota, Fall River Illinois, Indiana, Iowa, against traffie having had an immediate in Delaware, Montana, Wyoming, Colorado, New Mex- prior movement from the plantsites of the Maryland, Michigan, Minnesota, Mis- ico, Idaho, Washington, Oregon, Califor- sourl, New Jersey, New York. Ohio, nia, Nevada, Utah, and Arizona. Chrysler Motor Corp. Pennsylvania, Tennessee, Virginia, West No.---Applicant states that the requested Norr-ApplIcant states that the requesed Virginia, Wisconsin, and the District of cannot be tacked with its existing authority cannot be tacked, with Its existing Columbia. authority authority. If a hearing is deemed necessary, authority. If a hearing 13 deemed necessary, applicant requests it be held at Omaha, Nebr. NXr6=-Appllcant states that the requested applicant requests it be held at Iinneapolis, authority can be tacked at points In Greenup Liinn. or Chicago, Ill. No. MC 110420 (Sub-No. 687), filed County, Ky., to serve points east or south of July 30, 1973. Applicant: QUALITY Greenup. Ky., within the territorial scope of No. MC 113545 (sub-No. 12), filed Au- CARRIERS, INC., Bristol, Wis. (P.O. the authority sought herein, but applicant gust 21, 1973. Applicant: CORMAT Box 186), Pleasant Prairie, Wis. 53158. has no present intention to tack. If a hear- FORWARDING CO., INC., P.O. Box Applicant's representative: Fred H. Flgge ing Is deemed necessary, applicant requests 3057, Weehawken Branch, Union City, (same address as applicant). Authority it be held at Philadelphia, Pa., or-Washing- N.J. 07087. Applicant's representative: sought to operate as a common carrier, ton, D.C. Morton E. Kie, Suite 6193, 5 Worid by motor vehicle, over irregular routes, No. MC 112822 Sub-No. 284), filed Trade Center, New York, N.Y. 10048. Au- transporting: Lignin silonate, liquid July 26, 1973. Applicant: BRAY LINES thority sought to operate as a contract and dry, in bulk, in tank vehicles, from INC., P.O. Box 1191, 1401 North Little carrier,by motor vehicle, over Irregular points in Wisconsin, to points in Illinois, Street, Cushing, Okla. 74023. Applicant'ls routes, transporting: Radiopharmaceu-

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 26992 NOTICES I . ticals and medical isotopes, from Carl- Ala. 36401. Applicant's representative: NoT.-Applicant states that the requested stadt, N.J., to New York,,N.Y.; points in Robert E. Tate (same address as appli- authority cannot be tacked with Its exist- Nassau, Suffolk, Westchester, Putnam, cant). Authority sought to operate as a ing authority. If a hearing Is deemed neces- Dutchess, Rockland, Orange, Ulster, and sary, applicant requests It be held at Atlanta, common carrier, by motor vehicle, over Ga., or Washington, D.C. Sullivan Counties, N.Y.; and Fairfield, Irregular routes, transporting: Pipe, New Haven, and Hartford Counties, couplings, thereof, from the plantsites of No. MC 115826 (Sub-No. 253), filed Au- Conn., under contract with Mallinckrodt the Clow Corp., located at or near-Ben gust 6, 1973. Applicant: W. J. DIGBY, Nuclear. senville, Ill., and Coshocton, Ohio, to INC., 1960-31st Street, Denver, Colo. Nor.--If a hearing is deemed necessary, points in Iowa, Kansas, Missouri, and 8 0 21 7. Applicant's representative: applicant requests it be held at New York, Wisconsin. Charles J. Kimball, 2310 Colorado Na- N.Y. *NoT.--Applicant states that the requested tional Bank Building, 1600 Broadway, No. MC 113678 (sub-No. 508), filed authority cannot be tacked with its existing Denver, Colo. 80202. Authority sought August 3, 1973. Applicant:, CURTIS, authority. If a hearing is deemed necessary, to operate as a common carrier,by motor applicant requests it be held at Chicago, Ill., vehicle, over irregular routes, transport- INC., 4810 Pontiac Street, Commerce or Birmingham, Ala. City, Denver, Colo. 80022. Applicant's ing: Meat, meat poducts, meat byprod- representative: Richard A. Peterson, No. MC 115162 (Sub-No. 279), filed Au- ucts, and articles distributed by meat P.O. Box 81849, Lincoln, Nebr. 68501. gust 16, 1973. Applicant: POOLE TRUCK packinghouses as described In sections Authority sought to operate as a com- LINE, INC., P.O. Drawer 500, Evergreen, A and C of appendix I to the report In mon carrier,by motor vehicle, over ir- Ala. 36401. Applicant's representative: Descriptions in Motor Carrier Certifi- regular routes, transporting: Carpet or Robert E. Tate (same address a appli- cates, 61 M.C.C. 209 and 766 (except rugs, and carpet or rug padding and ma- cant). Authority sought to operate as a hides and commodities In bulk), from terial and supplies used in the installa- common carrier,by motor vehicle, over Dakota City, Nebr., and Emporia, Kans., tion thereof, from the plantsite and irregular routes, transporting: Brick, to points in Colorado and Wyoming, warehouse facilities of General Felt In- from points in Elmore and Montgomery NoT.-Applicant states that the requested dustries located at City of Commerce and Counties, Ala., to points in Escambia authority can be tacked with Its sub-20 at Pico Rivera, Calif., to points in Idaho, County, Fla. Denver, Colo., to provide a through Pervlco to points in California, but further Indicates Oregon, Washington, Arizona, New Mex- NoTE.Applicant7 states that the requested Ico, Utah, Colorado, and that It has no Present intention to tack. If a Nevada.. authority cannot be tacked with its existing hearing is deemed neceesary, applicant re- NoTE.-Commion control may be involved. authority. If a .hearing is deemed necessary, quests it be held at Denver, Colo., or Chey- Applicant states that the requested authority applicant requests it be held at either Mo- enne, Wyo. cannot be tacked with its existing authority. bile or Montgomery, Ala. No. MC 116045 (Sub-No. 39), filed July If a hearing is deemed necessary, applicant (Sub-No. 348), filed requests it be held at $Denver, Colo., or No. MC 115331 26, 1973. Applicant: NEUMAN TRANSIT Omaha, Nebr. August 16, 1973. Applicant: TRUCK CO., INC., P.O. Box 38, Rawlins, TRANSPORT, INC., 1931 North Geyer Wyo. 82301. Applicant's representative: No. MC 114457 (sub-No. 162), filed Road, St. Louis, Mo. 63131. Applicant's Leslie R. Kehl, 1600 Lincoln Center August 16, 1973. Applicant: DART representative: J. R. Ferris, 230 St. Clair TRANSIT Building, 1660 Lincoln Street, Denver, CO., a corporation, 780 North Avenue, East St. Louis, Ill. 62201. Author- Colo. 80203. Authority sought to operate Prior Avenue, St. Paul, Minn. 55104. Ap- ity sought to operate as a common car- as plicant's representative: Michael P. a common carrier, by motor vehicle, Zell rier, by motor vehicle, over irregular over irregular routes, transporting: (same address as applicant). Authority routes, transporting: (1) Trailers,trailer sought to operate as a common carrier, Liquid sulphur, in bulk, In tank vehicles, chassis (except thoe designed to be from the plantsIte, of Farmers Union by motor vehicle, over irregular routes, drawn by passenger automobiles), trailer transporting: Urethane products, from Central Exchange, located in Laurel, converter dollies, tractors, bodies and Mont., to the plantsite of Western Nu- Newton, Kans., to points in Arkansas, containers, in secondary truckaway and Missouri, Oklahoma, -clear, Inc., located at or near Riverton, and Texas. ,driveaway service, and (2) materials, Wyo. Nors.-Applicant states that the requested supplies and parts used in the manufac- authority cannot be tacked with its existing ltoTE.-Applicant states that the requested ture, assembly or servicing of the com- authority cannot be tacked with its existing authority. If a hearing is deemed necessary, modities described in (1) above, when applicant requests it be held at St. Paul, authority. If a hearing is deemed necessary, moving in mixed loads with such com- applicant requests It bo held at Denver, Colo. Minn., or Omaha, Nebr. modities, between points in North Da- No. MC 114890 (sub-No. 67), filed kota, South Dakota, Nebraska, Colorado, No. MC 116474 (Sub-No. 28), filed Au- July 20, 1973. Applicant: C. E. REY- Kansas, Oklahoma, Texas, Minnesota, gust 17, 1973. Applicant: LEAVITTS NO DS TRANSPORT, INC., P.O. Box A, Iowa, Missouri, Arkansas, Louisiana, Mis- FREIGHT SERVICE, INC., 3855 Mar- Joplin, Mo. 64801. Applicant's repre- sissippi, Tennessee, Illinois, Wisconsin, cola Road, Springfield, Oreg. 97477. Ap- sentative: Max G. Morgan, 600 Leininger Michigan, Indiana, Kentucky, Alabama, plicant's representative: David C. White, Building, Oklahoma City, Okla. 73112.. Ohio, West Virginia, New York, Pennsyl- 2400 Southwest Fourth Avenue, Port- Authority sought to operate as a com- vania, New Jersey, Delaware, Maryland,' land, Oreg. 97201. Authority sought to operate as a contract carrier,by mon carrier, by motor vehicle, over ir- Virginia, North Carolina, South Caro- motor lina, Georgia, and Florida. vehicle, over Irregular routes, transport- regular routes, transporting: Liquid fer- ing: (1) Treated poles and pilings, from tilizer solutions, in bulk, in tank vehicles, NoTE.-Applicant states that the requested authority cannot be tacked with its existing Eugene, Oreg., to points In Washington from Doniphan, Nebr., and Kansas City, authority. If a hearing is deemed necessary, and California (except Butte, Del Norte, Mo., to points in Kansas. applicant requests It be held at St. Louis, Mo., El Dorado, Humboldt, Lassen, Modo, Nevada, Placer, Plumas, Nor.-Applicant states that the requested or Washington, D.C. Shasta, Sierra, authority can be tacked under its lead car- Siskiyou, Sutter, Tehama, Trinity, and No. MC 115496 (Sub-No. 18) filed Au- Yuba Counties), under a continuing con- tificate at Military, Kans., to serve points in gust 23, 1973. Missouri, Oklahoma, Arkansas, and Texas; Applicant: LUMBER tract with L. D. McFarland Co., located under sub-No. 33, at a plantsite at or near TRANSPORT, INC., 306 First Street, at Eugene, Oreg.; and (2) treated poles Dodge City, Kans., to provide for service to Cochran, Ga. 31014. Applicant's repre- and pilings, (a) from Arlington, Wash., points in Colorado, Wyoming, Texas, Okla- sentative: James L. Flemister, 1220 First to points in Oregon and Nevada, and (b) homa, Missouri, Nebraska, and Iowa; and Federal Building, .Atlanta, Ga. 30303. from Eugene, Oreg., to points in Wash- with sub-No. 44,.at Atchison, Kans., to serve Authority sought to operate as a com- points in Iowa, Missouri, and Nebraska. If ington, Clark, Esmeralda, Lincoln, Min- mon carrier, by motor vehicle, over ir- eral and Nye Counties, Nev., and points 'a hearing is deemed necessary, applicant re- regular routes, transporting: Lumber, quests it be held at either Tulsa, Oklahoma in California (except Del Norte, Sis- City, Okla., or Kansas City, Mo. from the plant and warehouse sites of Conwall, Inc., located in Richmond and kiyou, Modoc, Trinity, Tehama, Plumas, No. MC 115162 (Sub-No. 278), filed Au- Wilkes Counties, Ga., to points in Vir- Sierra, Sutter, Nevada, Yuba, Butte, Las- gust 6, 1973. Applicant: POOLE TRUCK ginia, South Carolina, and North Caro- sen, Shasta, Placer and Humboldt Coun- LINE, INC., P.O. Drawer 500, Evergreen, lina. ties), under a continuing contract with

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 2699.3

J. H. Baxter & Co., located at San Mateo, I to the report in Descriptions in Motor TRUCKING, INC., P.O. Box 388, Latrobe, Calif. Carrier Certificates, 61 MrC.C. 209 and Pa. 15650. Applicant's representative: 766 (except hides and commodities in Paul P. Sullivan, 711 Washington Build- No.---Dual operations may be involved. ing, Washington, D.C. 20005. Authority If a hearing 4i deemed necessary, applicant bulk), from Emporia, Kans., to points requests it-be held at Portland, Oreg. in Arizona, California, Nevada, Oregon, sought to operate as a common carrier, Utah, and Washington, restricted to by motor vehicle, over irregular routes, No. MC 117610 (Sub-No. 11), filed traffic originating at the plantslte of transporting: Malt beverages, in con- August 16, 1973. Applicant: DERRICO Iowa Beef. Processors, Inc., located at tainers, and related advertising material TRUCKING CORP., 907 East 141st Emporia, Hans., and destined to the moving therewith, from Frankenmuth, Street, Bronx, N.Y. 10454. Applicant's" above-named States. Mich., to points in Connecticut, Dela- representative: Bert Collins, Suite 6193, ware, Maine, Maryland, Massachusetts, New York, N.Y. Nor.-Appllcaut states that the requested 5 World Trade Center, authority cannot be tacked with Its exist- New Jersey, Rhode Island, Vermont, Vir- 10048. Authority sought to operate as a ing authority. If a hearing Is deemed neces- ginia, and the District of Columbia, and contract carrier,by motor vehicle, over sary, applicant requests it be held at Kansas empty malt beverage containers on irregular routes, transporting: Paper- City. Mo. return. .board, box board,krait board, corrugated Norn-Appllcant holds a permit in MC and paper containers, cartons, boxes, No. MC 118202 (Sub-No. 14), filed July 19, 1973. Applicant: SCHULTZ 1165C4 and sub 22, therefore dual operations waste paper,rags and materials and sup- may be Involved. Applicant further states plies used in the manufacture and dis- TRANSIT, INC., P.O. Box 406,323 Bridge that the requested authoiity cannot be tribution thereof (except in bulk), be- Street, Winona, Mlnn. 55987. Applicant's tacked with its existing authority. If a hear- tween Whippany and Clifton, N.J., and representative: Eugene A. Schultz (same lug Is deemed necessary, applicant requests Riegelsville, Pa., on the one hand, and, address as applicant). Authority sought it be hold at Washington, D.C, or Boston, on the other, points in Nassau, Suffolk, to operate as a common carrier,by motor Ma"s. Westchester, Orange, Rockland Coun- vehicle, over irregular routes, transport- No. MC 119522 (sub-No. 25), filed ties, N.Y., and New York, N.Y., under ing: (1) Agriculturalfermentation com- July 27, 1973. Applicant: McLAIN contract with Whippany Paper. Board pounds and ingredients, (2) fertilizers TRUCKING, INC., 2425 Walton Street, Co., Inc. and ingredients, (3) animalminerals and Anderson, Ind. 46011. Applicant's repre- vitamins, (4) supplies, signs and mate- sentative: Donald W. Smith, 900 Circle Nor-If a hearing is deemed necessary, rials used in the sale of (1), (2), and (3) applicant requests It be held at New York, Tower, Indianapolis, Indl.46204. Author- N.Y. above, and (5) commodities, the trans- ity sought to operate as a common car- portation of which is partially exempt Au- rer, by motor vehicle, over Irregular No. MC 117848 (Sub-No. 7), filed under section 203(B) (6) of the Inter- routes, transporting: Antifreeze, engine gust 22, 1973. Applicant: FRED CAR- state Commerce Act when moving with Scran- coolant, heat transfer and de-icing prep- PENTIER, 1415 Luzerne Street, the above commodities (except commod- arations, from Alsip, IlL., on the one ton, Pa. 18504. Applicant's representa- ities in bulk, in tank vehicles), from Car- Street, in the United hand, and, on the other, points in Indi- tive: Kenneth R. Davis, 999 Union son City, Nev., to points ana and Missouri (except St. Louis and Taylor, Pa. 18517. Authority sought to States (except Alaska and Hawaii). Kansas City, Mo.). operate as a common carrier,by motor No=.-Applicant states that the requested Nar-Appllcant states that the requested vehicle, over irregular routes, transport- authority cannot be tacked with its existing authority cannot be tacked with Its exlstg ing: Bananas, from Baltimore, Md., to Is deemed necessary, authority. If a hearing authority. Applicant also holcs contract car- Scranton, Pa. applicant requests It be held at Minneapolis, Minn. or Washington, D.C. rier authority in MC 3465 sub-No. 39, there- -or.---Applicant states that the requested fore dual operatlons may boeInvolved. If a authority cannot be tacked with its existing No. MC 118341 (Sub-No. 2), filed hearing Is deemed necesz-y, applicant re- authority. If a hearing is deemed necessary, July 24, 1973. Applicant: VALLEY queats It be held at either New York, .Y., applicant requests it be held at Newark, TRUCKING CO., INC., P.O. Box 2298, Washington. D.C., or Indianapolls, Ind. NIT. (F.M. 802 and C'entral Avenue), Browns- No. MC 119789 (Sub-No. 174) (amend- No. MC 118039 (Sub-No. 20), filed ville, Tex. 78520. Applicant's representa- August 3, 1973. Applicant: MUSTANG ment), filed July 26, 1973, published ii tive: Joe T. Lanham, 1102 Perry-Brooks the Fnmznm REGISTER Issue, August 30, TRANSPORTATION, INC., 833 Warner Building, Austin, Tex. 78701. Authority as amended, this Street, SW., Atlanta, Ga. 30310. Appli- 1973 and republished, sought to operate as a common carrier, Issue. Applicant: CARAVAN REFRIG- cant's representative: Virgil H. Smith, by motor vehicle, over Irregular routes, ERATED CARGO, INC, P.O. Box 6188, 1587 Phoenix Boulevard, Suite 12, At- transporting: Frozen fodds and commod- to 1612 East Irving Boulevard, Dallas, lanta, Ga. 30349.. Authority sought ities which are partially exempt under Tex. 75222. Applicant~s representative: operate as a common carrier, by motor section 203(b) (6) of the act, when mov- Ralph W. Pulley, Jr, 4555 First National vehicle, over irregular routes, transport- ing in the same-vehicles and at the same Bank Building. Dallas, Tex. 75202. Au- ing: Screen woven cloth, wrought iron time, from Alamo, Laredo, McAllen, sheet- thority sought to operate as a common and steel pipe and plastic film or Monte Alto, Edinburg, Brownsville, Cor- carrier, by motor vehicle, over ir- ing, from the plantsite of X. S. Smith, pus Christi, San Antonio, and Harlingen, regular routes, transporting: Food- Inc., located at Eatontown, N.J., to points Tex., to Providence, R.I., Albuquerque, stuffs (except frozen foods, commodi- in the United States (except Alaska, Ha- N. Mex., and points in Iowa, Louisiana, ties in bulk, meats, meat products, waii, and New Jersey). Maine, Massachusetts, Kansas, Michi- meat byproducts, and articles distrib- NoTr. Applicant states that the requested gan, Kentucky, Maryland, Minnesota, uted by meat packinghouses), as de- authority cannot be tacked with its exist- Mississippi, Alabanmh, California, Dela- scribed in sections A and C of appendix I ing authority. If a hearing is deemed neces- ware, Illinois, New Hampshire, Missouri, to the report in Descriptions in Motor sary, applicant requests it be held at Atlanta, Arizona, Colorado, Florida, Indiana, New Ca. - Jersey, Nebraska, Arkansas, Connecticut, Carrier Certificates 61 M.C.C. 209 and No. MC 118142 (Sub-No. 52), filed Georgia, New York, Oklahoma, Tennes- 766, from Pittsburgh, Leetsdale, and August 21, 1973. Applicant:. M. BRUEN- see, West Virginia, North Carolina, South Chambersburg, Pa., Salem, N.J., Fre- GER & CO., INC., 6330 North Broadway, Carolina, Pennsylvania, Wisconsin, Ohio, mont, Toledo and Bowling Green, Ohio, Wichita, Kans. 67219. Applicant's repre- Vermont, and Virginia. to points n Texas, Oklahoma, Arkansas, sentative: John E. Jandera, 641 Harri- NoTr.-Applicant states that the requested Louisiana, Mi issippi, and Missouri. son Street, Topeka, Kans. 66603. Author- be tacked with authority cannot or will not Nor-The purpoe of this republication ity sought to operate as a common its existing authority. If a bearing Is deemed It be held at I- to add Toledo, Ohio as a point of orlgiL carrier,by motor vehicle, over irregular necessary, applicant requests Applicant states that the requested author- routes, transporting: Meat4, meat prod- either Brownsville, San Antonio, or Houston, Ity cannot be tacked with its existing au- Tex. ucts, meat byproducts and articles dis- thority. If a hearing is deemed necesary, tributed by meat packinghouses, as de- No. MC 119118 (sub-No. 36), filed applicant requests it be held at Washington, scribed in sections A and C of appendix July 16, 1973. Applicant: McCURDY D.C.

FEDERAL REGISTER, VOL 38, NO. 187-HURSDAY, SEPTEMBER 27, 1973 .26994 NOTICES

No. MC .119789 (Sub-No. 178), filed ward F. Bowes, 744lBroad Street. Newark, South Avenue West, Missoula, Mont, July 27, 1973. Applicant: CARAVAN RE- NJ. 07102. Authority sought to, operate 59801. Applicant's representative: Jer- FRIGERATED CARGO, INC, P.O. Box as 9. contract carrier, by motor vehicle, emy G. Thane, Savings Center Building, 6188, 1612 East Irving Boulevard, Dal- over irregular routes, transporting: (1) Missoula, Mont. 59801. Authority sought las, Tex. 75222. Applicant's representa- Frozen meats, frozen meat products, to operate as a contractcarrier, by motor tive: Ralph W. Pulley, Jr., 4555 First Na- frozen poultry, and. frozen poultry prod- vehicle, over irregular routes, transport- tional Bank Building, Dallas, Tex. 75202. uctsfroniMoosic, Pa., toManassas, Win- ing: Malt beverages and advertising mat- Authority sought to operate as a common hetster, and Norfolk, Va, and Charleston ter when moving in the same vehicle, carrier, by motor vehicle over irregular and Mt. Clare, W. Va, restricted to a from Seattle and Tacoma, Wash, to routes, transporting: Synthetic fabric transportation service to be performed points in California, and empty con- and synthetic yarn, from Waynesboro, under continuing contract or contracts tainers for recycling, from points in Cali- Va., to points in Arizona, California, with Polarized Products Division of Ten- fornia to Seattle, -Wash., Under contract Oklahoma, and Libertyville, nl., ancLMil- Da Brand Frozen Foods, Inc., located at with Carling Brewing Co., and Rainier waukee, Wis. Scranton, Pa.; and (2) frozen. seafood, Brewing Co., Inc., Seattle, Wash. NOTE.-Applicant states that the requested when moving in the same vehicle with Noms.-The purpose of this republication is authority cannot be tacked with. its existing the commodities described in part (1) to include Tacoma, Wash. as a point of ori- authority. If a hearing Is deemed necessary, above, from Exeter, Pa., to Baltimore, gin. If a hearing Is deemed nccezssry, appli- applicant requests it be held at Washing- Md., Alexandria, Manassas, Winchester, cant requests it be held at Seattle or Tacoma, ton, D.C. Norfolk, Roanoke, and Richmond, Va., Wash. By order of the Commirslon, dated No. MC 120841 (sub-No. 5), filed Au- and the District of Columbia, restricted August 22, 1973, said matter was directed for gust 15, 1973. Applicant: WALTER J. to a transportation service to be per- handling under modified procedure, and is formed undercontinuing contract now vacated and set aside. By the Conunla- DUNLAP AND W. A. BIRCKBICHLER, orcon- slon, Commissioner Murphy, September 14, a partnership, doing business as BLACK tracts with Phillips Seafood Kitchens, 1973. & WHITE EXPRESS, 21T American Ave- Inc., located at; Exeter, Pa. No. MC 124656 nue, Butler, Pa. 16001. Applicanfs repre- No.--f a hearing is deemed necessary, (Sub-No. 6) annota- sentative: John A. Vuono, 2310 Grant applicant requests It be held at Newark, N.J., tion), filed August 6, 1973, published in Building; Pittsburgh, Pa. 15219. Authority or Scranton, Pa. the FEDERAL REGISTER Issue of Septem- ber 13, 1973, and republished as cor- sought to operate as a common carrier, No. MC 124078 (Sub-No. by motor vehicle, over irregular routes, 558), filed rected, in part, this Issue. Applicant: transporting: Meats, meat productsMeat June 29, 1972. Applicant: SCHWER- JOHN LONG TRUCKING, INC., 1030 byproducts, dairy products, and articles MAN TRUCKING-CO., a corporation, 611 Denton Street, Sapulpa, Okla. 74060. Ap- distributedbymeat packinghouses,.asde- South 28 Street, Milwaukee, Wis. 53246. plicant's representative: Wilburn L. Wll- scribed in sections-A,. B, and C of appen- Applicants representative: James R. liamson, 280 National Life Building, 3535 dix I to the report in Descriptions in Mo- Ziperski (Same address as applicant). Northwest 58th Street, Oklahoma City, tor CarrierCertiftcates;,61 M.C.C. Authority sought to operate as a common Okla. 73112. 209 and carrier,by motor vehicle, over irregular 766, in refrigerated vehicles, from points Nor.-The purpose of this partial repub- in Westmoreland County, Pa., to points routes, transporting: Sodium sulfate, in llcatio Is to indicate the correct Docket No, in Pennsylvania on and west of U.S. bulk, from Danville, Ill., to. points in Ili- as MC 124656 (sub-No. 6) In lieu of MO Highway 15. nois, Indiana, Kentucky, Michigan, Mis- 124565 (sub-No. 6) as previously published, souri, Ohio, and Wisconsin. Therest of the notice remains as originally No,.--Applicant states that the requested published. authority cannot be tacked with its existing NoTE.--Common control may be involved. authority. If a hearing is deemed necessary, Applicant states that the requested authority No. MC 124711 (Suly-No. 21), filed Au- applicant requests it be held at Washington, can be tacked at La Salle, Ill., on chemicals, gust 17, 1973. Applicant: BECKER AND D.C. in bulk (except petroleumn products and fer- SONS, INC., P.O. Box 1050, El Dorado, tilizers), to serve points in Alabama, Ar- No. MC 123765 (sub-No. 3), filed Au-. kansas, Colorado, Georgia, Illinois, Iowa, Kans. 67042. Applicants representative: gust 22, 1973. Applicant: BARRY Kansas, Louisiana, Minnesota, Mississippi, T. M. BROWN, 600 Leininger Building, TRANSFER AND STORAGE CO., INC., Nebraska, North Dakota, Oklahoma, Pennsyl- Oklahoma City, Okla. 73112. Authority 120 East National Avenue, Milwaukee, vania, South Dakota; and part of Tennessee. sought to operate as a common carrier, If a hearing is deemed necessary, applicant by- motor vehicle, over irregular routes, Wis. 53204. Applicant's representative: requests it be-held at Chicago, Ill. Richard C. Alexander, 710 N. Plankinton transporting: Fertilizer and fertilizer Avenue, Milwaukee, Wis. 53203. Author- No. MC 1241;1 (Sub-No. 44), filed Au- materials,in bulk, in tank vehicles, from ity sought to operate as a common car- gust 13, 1973. Applicant: OHIO EAST- the nitrogen plant of Farmland Indus- rier, by motor 'vehicle, over irregular ERN EXPRESS, INC., P.O. Box 2297, 300 tries, located at Enid, Okla., to points in routes, transporting: Such merchandise West Perkins Avenue, Sandusky, Ohio Kansas, Colorado, Texas, Missouri, Ar- as is dealt in by retail departmeit stores, 44870. Applicant's representative: John kansas, and Louisiana, restricted to ship- between the retail outlets, storage facil- P. McMahon, 100 East Broad Street, Co- ments originating at the above named ities, and distribution centers of H. C. lIumbus, Ohio 43215. Authority sought to plantsite. Prange Co., located at Green Bay, Wis., operate as a common carrier,by motor NoTE.-Common control may be Involved. on the one hand, and, on the other, the vehicle, over irregular routes, transport- Applicant states that the requested author- retail outlets and storage facilities of ing: Foodstuffs (except frozen foods and Ity cannot be tacked with its existing au- H. C. Prange Co., at or near Rockford, commodities in bulk), from Decatur, thority. If a hearing is deemed neceszary, applicant requests it be hold at Mtn= City, Ill., restricted to traffic originating at or Inmd, to points in qonnecticut, Delaware, Mo., or Topeka, Kans. destined to the said retail ouuiets, stor- lyraryland, Maine,1Massachusetts, New age facilities and distribution-centers of Hrampshire, New Jersey, New York, Ohio, No. MC 124774 (Sub-No. 86) (annota- H. C. Prange Co. Pennsylvania, Rhode Island, Vermont, tion), filed May 7, 1973, published in tho Nos.-Applfcant states tht.t the requested Virginia, West Virginia, North Carolina, FEDERAL REGISTER Issue July 8, 1973, and authority cannot be tacked with its, existing and South Carolina republished as annotated, this Issue. Ap- authority. Applicant also plicant: MIDWEST REFRIGERATED holds contrast car- No r-Applicant states that the requested rier authority in IC 6031 sub 34, therefore EXPRESS, INC., 4440 Buckingham dual operations may be involved. authority cannot be tacked with its existing Common authority. If a hearing is deemed necessary, Street, P.O. Box 7344, Omaha, Nebr. control may also be involved. If a hearing Is 68106. Applicant's representative: Mar- deemed necessary, applicant requests it be applicant does not specify a location. shall D. Becker, 530 Univac Building, held at Milwaukee, Wis., or Chicago, Ill. No. MC 124505 (Sub-No. 15) (amend- Omaha, Nebr. 68106. No. MC 124073 (Sub-No. 7), filed Au- ment), filed May 7, 1973, published in gust 2, 1973. Applicant: ROY S. SAR- the F xDEAL REGISTER issue June 28, Norim.-The purpose of this partial republl- cation is to indicate the correct docket num- GEANT, INC., P.O. Box 95, Vienna, IT.J. 1973, and republished as amended, this ber as MO 124774 (sub-No. 86) in lieu of MO 07880. Applicant's representative: Ed- issue. Applicant: EUGENE TRIPP, 4624 134744 (sub-No. 86), previously, published in

FEDERAL REGISTER,, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26995

error. The rest of the notice remains as (c) materials, equipment and supplies involved. If a hearing is deemed necessary, originally published. used In the manufacture and distribution applicant requests it be held at Chicago, l, Wis. No. MC 125358 (Sub-No. 14), filed Au- of machines and machine tools (except or Milwaukee, gust 13, 1973. Applicant: MID-WEST commodities n bulk), between Belvidere, No. MC 129410 (sub-No. 4), filed TRUCK LINES, LTD., 1216 Fife Street, Il., on the one hand, and, on the other, August 20, 1973. Applicant: ROBERT Winnipeg, Manitoba, Canada. Appli- points in the United States (except BONCOSKY, INC., 4811 Tile Line Road, cant's representative: William S. Rosen, Alaska and Hawaii), under a continuing Crystal Lake, Ill. 60014. Applicant's rep- 630 Osborn Building, St. Paul, Minn. contract, or contracts with Sundstrand resentative: Irving Stfllerman, 29 South 55102. Authority sought to operate as a Corp., located at Rockford, IL LaSalle Street, Chicago, 'I1l. 60603. Au- contract carrier, by motor vehicle, over No.--f a bearing Is deemed neccZ-ary, thority sought to operate as a contract irregular routes, transporting: Parts, applicant requests It be hold at Chic3go, IlL carrier,by motor vehicle, over irregular equipment, materials and supplies used routes, transporting: Dairyproducts (ex- in the manufacture of tractors, combines, No. MC 127705 (Sub-No. 40), fled cept in bulk), in shipper-owned trailers, August 3, 1973. Applicant: KREVDA from the plant and warehouse facilities swathers and other farm equipment, Gas from Chicago and Havana, Ill.; Hutchi- BROS. EXPRESS, INC., P.O. Box 68, of Dean Foods Co., at or near Chemung, City, Ind. 46933. Applicant's representa- IIl., to the plant and warehouse facilities son and McPherson, Kans.; Henderson, tive: Donald W. Smith, 900 Circle Tower Ky.; Joplin, Mo.; Lebanon and Cookville, of Dean Foods Co, at or near Racine, Building, Indianapolis, Ind. 46204. Au- Wis., under contract with Dean Foods Tenn.; Dallas, Tex.; and Milwaukee and thority sought to operate as a common Racine, Wis., to the ports of entry on the CO. international boundary line between the carrier,by motor vehicle, over irregular Norz.-If a hearing is deemed necessary. routes, transporting: (1) Glass con- reques-ts It be held at Chicago, nl. United States and Canada, at or near tainers and closures therefor, (a) from applicant Pembina, N. Dakl, Noyes and Interna- Freehold, N.J., to points in Ohio and No. MC 129516 (Sub-No. 24), fled Au- tional Falls, Minn., and Detroit, Mich., Michigan and (b) from Lapel, Ind., to gust 1, 1973. Applicant: PATON'S INC., under contract with Versatile Manufac- points in Pennsylvania, West Virginia, 2300 Canyon Road, Ellensburg, Wash. turing, Ltd. New Jersey, Delaware, New York, and 98926. Applicant's representative: James NoTE.-Dual operations may be involved. If (2) returned glass containers and glass T. Johnson, 1601 IBN Building, Seattle, a hearing is deemed necessary, applicant re- cullet, (a) from points in Ohio and Wash. 98101. Authority sought to op- quests it be held at St. Paul, Ann- or Chi- Michigan to Freehold, N.J., and (b) from erate as a common carrier,by motor ve- cago, Ill. points in Delaware, West Virginia, Penn- hicle, over Irregular routes, transporting: No. MC 125708 (Sub-No. 133), filed Au- sylvania, New Jersey, and New York, to Fruit juices and fruit drinks,from points gust 17, 1973. Applicant: THUNDER- Lapel, Ind. in Orange County, Calif., to ports of en- BIRD MOTOR FREIGHT LINES, INC., NoTE.-Appllcant states that the requested try on the international boundary line Highway 32 East, Crawfordsvil, Ind. authority cannot be tacked with its existing between the United States and Canada, 47933. Applicant's representative: Don- authority. If a bearing Is deemed neccary, located at Idaho, Montana, and North ald W. Smith, 900 Circle Tower Building, applicant requests It be hold at Washington, Dakota. Indianapolis, Ind. 46204. Authority D.C. T-or.-Appllcant states that the requested sought to operate as a common carrier, -No. MC 128375 (Sub-No. 101), filed authority cannot be tacked with its existing by motor vehicle, over irregular routes, August 21, 1973. Applicant: CRETE authority. If a hearing Is deemed necessary, transporting: Plastic pipe, plastic con- CARRIER CORP., P.O. Box 81228, LIn- applicant reque,ts it be held at Seattle, duit, plstic or iron fittings and connec- coln, Nebr. 68501. Applicant's representa- Wasbh, or Portland, Oreg. tions, valves, hydrants and gaskets (ex- tive: Duane W. Acklie, P.O. Box 81228, No. MC 129828 (Sub-No. 2), fled July cept oil field commodities as defined in Lincoln, Nebr. 68501. Authority sought 26, 1973. Applicant: GLENN DAVIS AND Mercer-Ext. Oil Field Commodities, 74 to operate as a contract carrier,by motor DON R. DAVIS, a partnership, doing M.C.C. 459), from Columbia, Mo., to vehicle, over Irregular routes, transport- business as DAVIS BROS., P.O. Box 962, points in the United States in and east of ing: Rejected, returned,replacement, re- Missoula, Mont. 59801. Applicant's repre- North Dakota, South Dakota, Nebraska, called and obsolete motor vehicle parts, sentative: Joe Gerbase, 100 Transwest- Kansas, Oklahoma, and Texas, restricted accessoriesand relateditems, from points em Building, Billings, Mont. 59101. Au- to traffic originating at the plantslte and in the United States (except Alaska and thority sought to operate as a common storage facilities of the Clow Corp., lo- Hawaii), to the facilities of the Mare- carrier,by motor vehicle, over irregular cated at Columbia, Mo. mont Corp., located at or near Loudon, routes, transporting: Forest products, NoE.--Appllcant states that the requested Pulaski, and Nashville, Tenn., underocon- lumber, lumber products, particleboard, authority cannot be tacked with its existing tract with Maremont Corp. and chip board,from points in Washing- authority. If a hearing is deemed necessary, Nor-If a hearing Is deemed necezary, ton and Oregon, to points in North Da- applicant requests it be held at Chicago, Ml. applicant requests It be hold at Lincoln, kota, South Dakota, Minnesota, Wiscon- No. MC 126346 (Sub-No. 13), filed Nebr., or Chicago, nl. sin, and Iowa. July 30, 1973. Applicant: HAUPT CON- No. MC 128616 (sub-No. 13), filed Au- Torz.--Appllcant holds contract carrier au- TRACT CARRIERS, INC., P.O. Box 842, gust 20, 1973. Applicant: BANKERS thority In.MC 127349 (sub-No. 2 and 4) there- Wausau, Ws. 54401. Applicant's repre- DISPATCH CORP., 4970 South Archer fore, dual operations may be involved. Com- sentative: Charles W. Singer, 2440 E. mon control may also be involved. Applicant Avenue, Chicago, Ill. 60632. Applicant's Gtates that the requested authority cannot Commercial Boulevard, Fort Lauderdale, representative: Warren W. Wallin, 330 be tacked with its existing authority. If a Fla. 33308. Authority sought to operate South Jefferson Street, Chicago, ill. hearing is deemed necesary, applicant re- as a contract carrier,by motor vehicle, '60606. Authority sought to operate as a quests It be held at Portland. Oreg., or Spo- over irregular routes, transporting: (1) contract carrier,by motor vehicle, over kane, Wash. (a) Transmissionsand power pumps, (b) irregular routes, transporting: Commer- No. MC 133203 (Sub-No. 3), filed July parts and accessories for transmissions cial papers, documents, and written in- and power pumps, and (c) materials, 16. 1963. Applicant: COURIER, EX- struments (except coins, currency, and PRESS CORP., 440 Domino Court, Char- equipment and supplies used in the man- negotiable securities), as are used in the ufacture and distribution of transmis- lotte, N.C. 28201. Applicant's representa- conduct and operation of banks and tive: WIlliam P. King, 301 Tavern S4uare, sions and power pumps (except com- banking institutions, between Chicago, modities in bulk), between Ames, Iowa, 421 King Street, Alexandria, Va. 22314. Ill., on the one hand, and, on the other, Authority sought to operate as a common Denver, Colo., and La Salle and Rockford, points in Door, Langlade, and Menominee on the one hand, and, on the other, carrier,by motor vehicle, over irregular IlI., Counties, Wis., under contract with the routes, transporting: Audit and account- points in the United States (except Federal Reserve Bank of Chicago. ing media and otherbusiness records and Alaska and Hawaii); (2) (a) machines NoTE.-Applicant also holds common car- documents used in processingsuch media, andmachine tools, (b) parts and accesso- rier authority In MC 114533 and subs there- and commercial papers, documents, and ries for machines and machine tools, and under, therefore dual operations may be written instruments (except cash let-

FEDERAL REGISTER, VOL 38, NO. 187-THURSAY, SEPTEMBER 27, 1973 26996 NOTICES ters), between Richmond, Va., on the one storage facilities of Peyton Packing Co. ing, Cleveland, Ohio 44114. Authority hand, and, on the other, the District of (division of John Morrell & Co.), at or sought to operate as a contract carrier, Columbia; Baltimore, Md.; and points near points in El Paso County, Tex- to by motor vehicle, over irregular routes, in Montgomery and Prince Georges points in Alabama, Arkansas, Colorado, transporting: Such merchandise as is Counties, Md. Connecticut, Florida, Gdorgla, Maryland. dealt in by wholesale and retail general NoT.-Applicant holds contract carrier au- Massachusetts, New Jersey, New York, mercantile establishments and In con- thority in MC 133207, therefore dual opera- North Carolina, Ohio, . Pennsylvania, nection therein, materials and supplies tions may be Involved. Common control may South Carolina, Tennessee ,(except used in the conduct of such business also be involved. Further, applicant states Memphis), Virginia, and West Virginia. (except commodities that the requested authority can be tacked in bulk), between with its existing authority in its lead certif- NoTE.-Common control may be involved. Chicago, Ill., on the one hand, and, on icate MC 133203 at Richmond, Va., to provide Applicant states that the requested authority the- other, points in LaPorte, Newton, through service between point& in North cannot be tacked with its existing authority. and Jasper Counties, Ind., under con- Carolina, on the one hand, and, on the other, If a hearing Is deemed necessary, applicant tinuing contract or contracts with Mont- the District of Columbia, and points in Mary- requests it be held at Chicago, Il., or El Paso, gomery Ward & Co., Inc. land and Virginia. If a hearing is deemed nec- Tex. essary, applicant NoTE.-Dual operations and common con- requests it be held at either No. MC 134922 (Sub-No. 48), filed July trol may be Involved. If a hearing is deemed Richmond, Va.; Charlotte, N.C.; or Washing- necessary, ton, D.C. 23, 1973. Applicant: B. J. McADAMS, applicant requests it be hold at INC., Route 6, Box 15, North Little Rock, Chicago, Ill. No. MC 134291 (Sub-No. 3), filed Au- Ark. 72118. Applicant's representative: No. MC 135660 (Sub-No. 8), filed gust 9, 1973. Applicant: JOSEPH R. ST. L. C. Cypert (same address as applicant). July 31, 1973. Applicant: BROWNS- HILAIRE, doing business as ST. HI- Authority sought to operate as a common BERGER LAIRES DELIVERY SERVICE, ENTERPRISES, INC., RF!D 285 Em- carrier, by motor vehicle, over irregular No. 1, P.O. Box 243, Butler, Mo. 64730, mett Street, Bristol, Conn. 06010. Appli- routes, transporting: Sporting goods and Applicant's representative: John E. Jan- cant's representative: J. Alden Connors, recreational equipment, between Old dera, 641 Harrison Street, Topeka, Kans. 145 East 49th Street, New York, N.Y. Forge, Pa., and Bossier City, La. 10017. Authority sought to operate 66603. Authority sought to operate as a as a - Nor.--Applfcant states that the requested contract carrier, by motor vehicle, over contract carrier, by motor vehicle, over authority could be tacked at Bossier City, irregular routes, transporting: Plastic Irregular routes, transporting: Manu- L.a., to provide through service on westbound pipe, plastic tubing, plastic conduit, scripts, proofs, page proofs, art work, film traffic only under its pending docket in MC plastic molding, valves, magazines, printed matter, 134922 fittings, com- (except in (sub-No. 24), but it has no present pounds, joint sealers, bonding cement, bulk or tank vehicles), between the plant- intention to tack. If a hearing s deemed thinner, vinyl and accessories site of American Can. Co., Bristol Print- necessary, applicant requests it be held at used in the ing Division, at Scranton, Pa., or Little Rock, Ark. installation of such products, from Linn Bristol, Conn., and points Creek, Mo., to points in North Dakota, in Nassau and Suffolk Counties, N.Y., No. MC 134922 (Sub-No. 49), filed July New York, N.Y. commercial South Dakota, Montana, Wyoming, zone, Phila- 30, 1973. Applicant- B. J. McADAMS, Idaho, Utah, Nevada, Arizona, Callfor- delphia, Pa. commercial zone, Newark, INC., Route 6, Box 15, North Little Rock, nia, N.J., Wilmington, Oregon, and Washington, under Del., Baltimore, Md., Ark. 72118. Applicant's representative: contract with Central Missouri Pipe and Trenton, N.J., under contract with L. C. Cypert (sameaddress as applicant). Company. American Can Co., Bristol Printing Divi- Authority sought to operate as a common sion. Nor.-If a hearing Is doomed necessary, carrier,by motor vehicle, over irregular applicant requests it be hold na Kansas City, NoTE.-If a hearing is deemed necessary, routes, transporting: Common ground Mo. applicant requests it be held at Hartford, clay and ground soapstone, from Gon- Conn., or New York, N.Y. zales, Houston, Palestine, and Zavalla, No. MC 135813 (Sub-No.) filed Au- Tex., and Morgan City, La., to Alabama, gust 1, 1973. Applicant: PARR TRUCK- No. MC 134734 (Sub-Nb. 13), filed July ING SERVICE, INC., 829 Alsop Lane, 31, 1973. Applicant: NATIONAL TRANS- Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, and Tennessee. P.O. Box 1308, Owensboro, Ky. 42301. PORTATION, INC., Box 31, Norfolk, Applicant's representative: George M. Nebr. 68701. Applicant's representative: NoTE.-Applicant states that the requested authority cannot be tacked- with its existing Catlett, 703-706 McClure Building, Lanny N. Fause, P.O. Box 37096, Omaha, Frankfort, Ky. 40601. Authoritr sought Nebr. 68137. Authority sought to operate authority. If a; hearing is deemed necessary, applicant requests it be held at Little Rock, to operate as a common carrier,by motor as a contract carrier, by motor vehicle, Ark., or Houston, Tex- vehicle, over irregular routes, transport- over irregular. routes, transporting: ing: Aluminum and aluminum products, Cranberries and cranierry products, No. MC 135185 (Sub-No. 15), filed between points in Hancock County, Ky., from Kenosha, Wis., to points in August 15, 1973. Applicant: COLUM- on the one hand, and, on the other, Arkansas and points in Missouri west of' BINE CARRIERS, INC., 2149 South Davenport, Iowa. U.S. Highway 65, including Springfield, Clermont Street, Englewood, Colo. 80110. under contract with National Foods, Inc., Applicant's representative: Charles J. Nor.--Applicant states that the requested Kimball, 2310 Colorado authority cannot be tacked with its existing and Ocean Spray Cranberries, Inc. State Bank authority. If a hearing is deemed necessary, NoTE.-If a hearing Is deemed necessary, Building, 1600 Broadway, Denver, Colo. applicant requests It be held at Loulsvillo, applicant, requests it be held at Chicago, Ill., 80202. Authority sought to operate as a Xy., or Owensboro, Ey. or Mlilwaukee, Wis. contract carrier, by motor vehicle, over irregular routes, transporting: Cameras, No. MC 136384 (Sub-No. 5), fied 'No. MC 134783 (Sub-No. 6), filed June camera outfits, camera cases, projectors, August 8, 1973. Applicant: PALMER 21, 1973. Applicant: DIRECT SERVICE, photographicmaterial, and self develop- MOTOR EXPRESS, INC., P.O. Box 103, INC., P.O. Box 786, Plainview, Tex. 79072. ing film packs, from Cambridge, Need- Savannah, Ga. 31405. Applicant's repre- Applicant's representative: Charles J. ham Heights, Norwood, and Waltham, sentative: Frank D. Hall, Suite 713, 3384 Kimball, 2310 Colorado State Bank Mass.,. to Dallas, Tex., under contract Peachtree Road NE., Atlanta, Ga. 30320. Building, 1600 Broadway, Denver, Colo. with Polaroid Corp., located at Needham Authority sought to operate as a common 80202. Authority sought to operate as a Heights, Mass. carrier, by motor vehicle, over irregular common carrier, by motor vehicle, over routes, transporting: Nails, screws, and Irregular routes, transporting: Meats, Nor.-If a hearing is deemed necessary, fasteners, from Savannah, Ga., to points applicant requests - it be held at Boston, meat products, meat byproducts, and Mass. in Georgia, Florida, North Carolina, articles distributed by meat packing- South Carolina, Virginia, Tennessee, houses, as described in sections A and C No. MC 135280 (Sub-No. 9), filed Alabama, Kentucky, and West Virgin. I No=.-Applicant of appendix I to the Report in Descrip- July 5, 1973. Applicant: PEP LINES states that the requested TRUCKING CO., a corporation, 15120 tions in Motor Carrier Certificates, 61 authority cannot be tacked with Its existing Third Avenue, Highland Park, Mich. authority. If a hearing Is doomed necesary, M.C.C. 209 and 766 (except hides and 48203. Applicant's representative: J. A. applicant requests It be hold at Atlanta, Ga, commodities in bulk), from plantslte and Kundtz, 1100 National City Bank Build- or Washington, D.C.

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26997

No. MC 136640 (Sub-No. 4) (correc- In the United States (except Alaska and cant). Authority sought to operate as a tion), filed June 19, 1973, published In Hawaii). common carrier, by motor vehicle, over the FmERAL REGISTER issue of August 9i No=.---If a hearing is deemed necessary. regular routes, transporting: General 1973, republished in part as amended, In applicant requests it be held at Naahville, commodities (except those of unusual the FEDERAL REGISTER issue of August 23, -Tenn. value., household goods as defined by-the 1973 and corrected in third publication Commis.ion, classes A and B explosives, this issue. Applicant: ROBERT L. No. MC 138635 (Sub-No. 7), filed Au- commodities in bulk, and those retjuir- gust 8, 1973. Applicant: CALIFORNIA ALLEN, doing business as R. ALLEN WESTERN Ing special equipment), between Nash- TRANSPORT, P.O. Box 321, Pocomoke EXPRESS, INC., 650 East- ville, Tenn., and Central City, Ky.: (1) City, Md. 21851. Applicant's representa- wood Drive, Gastonla, N.C. 28052. Appli- From Nashville over U.S. Highway 431, tive: S. Michael Richards, 44 North Ave- cant's representative: John R. Sims, Jr. to Central City, and return over same nue, Webster, N.Y. 14580. Authority Suite 600 1707 H Street, NW., Washing- route; and (2) From NasLville over U.S. sought to operate as a contract carrier, ton, D.C. 20006. Authority sought to op- Highway 41 to Springfield, Tenn., to by motor vehicle, over irregular routes, erate as a common carrier,by motor ve- Junction US. Highway 431, thence over transporting: (1) Frozen onion. rings, hicle, over Irregular routes, transport- U.S. Highway 431 to Central City, and made from diced, fresh onions, when ing: Cotton knit underwear, from Co return over the same route, serving all moving in mixed .shipments with agri- (Marlboro County), S.C., and points In intermediate points between Russellville cultural commodities otherwise exempt Mullins and Marion Counties, S.C., to and Central City (except Russeliville) from economic regulations under section Los Angeles, National City, and Oakland, In (1) and (2) above, and serving Para- 203(b) (6) of the act, from Boston, Mass., Calif. dise, (Muhlenberg County), Ky. as an to points in Alabama, Arkansas, Dela- Norn.-Dual operations may b3 Involved. off-route point in (2) above. ware, Florida, Georgia, Indiana, Ken- Applicant states that the rcque:ted authority cannot be tacked with Its existing athority. I.om.- " a hearing is deemed necezary, tucky, Louisiana, Maryland, Michigan, If a hearing is deemed nec ,ary.applicant applicant reque-ts It be held at either Cen- North Carolina, New York, Ohio, Penn- tral City or Bowling Green, ly., or Yazshvil1e, sylvania, South Carolina, Tennessee, requests it be held at Charlotte. ZN.C. Tenn. Texas, Virginia, West Virginia, Illinois, No. MC 138821 (Sub-No. 2), filed Au- gust 8, 1973. Applicant: WHEELBERG No. MC 138953, filed July 16, 1973. Ap- Mississippi, Missouri, and New Jersey, plicant: GROWN MOVING AND STOR- and (2) canned foods, from Halwood, CO., a corporation, 8707 East Quarry Street, Manassas, Va. 22110. Applicant's AGE CO., a corporation, 180 Quint Street, Va, to points in California, Montana, San Francisco, Calif. 94124. Applicant's Oregon, and Washington, under contract representative: Francis J. Ortman, 1100 17th Street NW., Suite 613, Washington, representative: Daniel W. Baker, 10 with Boston Bonnie, Inc., and John W. Pine Street, Suite 2550, San Francisco, Taylor Packing Co., Inc. D.C. 20036. AuthorIty sought to operate as a contract carrier, by motor vehicle, Calif. 94111. Authority sought to oper- Xo=-The purpose of-this republication ate as a common carrier,by motor ve- Is to include the destination States of nlt- over irregular routes, transporting: Re- inloreeud concrete products and materials hicle, over irregular routes, transporting: nois, Mississippi, Missouri, and New Jersey Used houcehold goods, between points in in part. (1) above omitted in the previous used in the installation thereof, from the notice. If a, hearing is deemed necessary, ap- plantsite of Earley Studio, Inc., at or llarin, S3n Francisco, San Mateo, Santa plicant requests it be held at Boston, Mass., near Manassas, Va., to _3oints In Con- Clara, Alameda, Contra Costa, and or Washington, D.C. necticut, Delaware, Maryland, Massa- Solano Counties, Calif., restricted to transportation of traffic having a prior No. MC 138157 (Sub-No. 9), filed chusetts, New Jersey, New York, Penn- sylvania, Virginia, West Virginia, and or subsequent movement in containers July 29, 1973. Applicant: SOUTHWEST beyond the points authorized and further EQUIPMENT RENTAL, INC., doing the District of Columbia, under contract with Earley Studio, Inc. restricted to the performance of pickup business as, SOUTHWEST MOTOR and delivery service in connection with FREIGHT, P.O. Box 3561, 15006 Nelson NoTr-If a hearing Is deemed necesary, packing, crating and containerization or Avenue, City of Industry, Calif. 91744. applicant does not specify a location. unpacking, uncrating and decontaineri- Applicant's representative: Patrick E. No. MC 138949 (Sub-No. 1), filed- zatlon of such traffic. Quinn, P.O. Box 82028, 605 South 14th July 30, 1973. Applicant: RPTE-WAY Nor.--If a hearing I- deemed necezzary, Street, Lincoln, Nebr. 68501. Authority- DISTRIBUTORS, INC., 2606 Cartwright applicant reque ;t it be held at San. Fran- sought to operate as a common carrier, Street, Dallas, Tex. 75212. Applicant's cisco. Calif. - by motor vehicle, over irregular routes, replesentative: Billy R. Reid, 6103 transporting: Wood products, plastic Sharon Road, Fort Worth. Tex. 76116. No. MC 138973, filed July 26, 1973. Ap- products, toothpick dispensers, sporting Authority sought to operate as a contract plicant: EL DORADO MOVING AND goods, and sporting goods accessories, carrier,by motor vehicle, over irregular SHIPPING CORP., 437 Concord Avenue, from the plantsite of Forster Manufac- routes, transporting: (1) Dairy products New York, New York 10455. Applicant's turing Co., Inc., at ornear Wilton, Maine, and Dairy byproducts, in cartons, bottles, representative: Alan F. Wohlstetter, 1700 to Denver, Colo.; Jacksonville and Mi- and jugs, from Tulsa, Okla?, to Dallas, K Street NW.. Washington, D.C. 20006. ami, Fla.; San Francisco and Los Tex.; (2) ice cream and novelties, in Authority sought to operate as a common Angeles, Calif.; and Seattle, Wash. cartons, and empty plastic containers, carrier, by motor vehicle, over irregular No.---Appllcant states that the requested in straight or mixed- sdpmcnts, from routes, transporting: Used household authority cannot be tacked with its existing Houston, Tex., to Tulsa., Okla.; and (3) voods, In foreign commerce, between authority. If a hearing is deemed necessary, cardboard dairy products containers, points in that part of New Yor, N.Y, applicant requests it be held at Washington, from Fort Worth and Waco, Te., to commercial zone, as defined in the fifth D.C. Tulsa, Okla., under continuing contract supplemental report in Commercial No. MC 138481, filed June 29,1973. Ap- or contracts with Carnation Co., located Zones and Terminal Areas, 53 M.C.C. 451, plicant: TENNESSEE TRANSPORT, at Tulsa, Okla., restricted from, to or be- within which local operations may be conducted pursuant to the partial ex- INC., 1822 Parkway Towers, Nashville, tween the facilities of Carnation Co., emption of section 203(b) (8) of the In- Tenn. 37219. Applicant's representative: and to the above-named commodities terstate Commerce Act (the "exempt" Walter Harwood (same address as appli- transported in shipper owned or con- trolled zone), restricted to (1) traffic moving on cant). Authority sought to operate as a trailers. ocean bills of lading issued by a water common carrier, by motor vehicle, over Nor.--If a hearing 13 deemed nce.ary, carrier not subject to part III of the act irregular routes, transporting: Boats and applicant requests It be held at Dalls, Tex., parts, components and accessories when or Tulsa, Okla. and (2) traffic having a prior or subse- quent movement, by water, In containers, moving with boats, and related accesso- No. MIC 138952, filed July 9, 1973. Ap- ries and item used incidental to the serv- plicant: CENTRAL CITY EXPRESS, beyond the points authorized, and fur- ice and operation of such boats, from INC, 1822 Parkway Towers, Nashville, ther restricted to the performance of points in Davidson, Rutherford, Wilson, Tenn. 37219. Applicant's representative: pickup and delivery services in connec- and Hamilton Counties, Tenn., to points Walter Harwood (Same address as appil- tion with packing, crating and contain-

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 No. 187-Pt. 1-15 26998 298 NOTICES

erization or unpacking, uncrating, and of building, and brick, stone, sand, cin- LER, a partnership, doing business as decontainerization of such traffic. ders and steel, between points in St. WORLD WIDE CHRISTIAN TOURS, Nors.-Applicant states that the requested Joseph, TIlkhart, Allen, Grant, Marshall, 114 West Dixie, U.O. Box 506, Elizabeth, authority cannot be tacked with its existing Delaware, Madison,' Marion, Howard, Ky. 42701. Applicant's representative: authority. If a hearing is deemed necessary, Kosciusko, Tippecanoe, Vigo, Montgom' Emma Waldeck (same address as appli- applicant requests it be held at New York, ery, White, Boone, Hamilton, Monroe, cant). Authority sought to engage n op- N.Y. Shelby, Bartholomew, Wayne, and Fay- eration, in Interstate or foreign com- No. MC 138998 (Sub-No. 1), filed Au- ette Counties, Ind., and Chicago, Ill. merce, as a broker at Elizabeth, Ky. to gust 20, 1973. Applicant: BEE CEE BOAT NoE.--If a hearing Is deemed necessary, sell or offer to sell the transportation of MOVERS, LTD., 771 Forsman 'Avenue, applicant requests it be held at Chicago, Ill. passengersand their baggage In sightsee- ing and/or vacationing tours, between North Vancouver, British. Columbia, No. MC 139055, filed August 16, 1973. Canada. Applicant's representative: Elizabethtown, Ky., and points In Flor- Applicant: HUNT'S TRUCKING, INC., ida, Michigan, Virginia, North Carolina, George R. LaBissoniere, Suite 101, 130 112 Sunset Drive, Gallatin, Tenn. 37066. Andover Park East, Seattle, Wash. 98188. South Carolina, Pennsylvania, Ohio, Applicant's representative: Robert L. Maryland, the District of Columbia, Del- Authority sought to operate as a common Baker, 300 James Robertson Parkway, aware, New Jersey, New York, Rhode carrier, by motor vehicle, over irregular NashvilleTenn. 37201. Authority sought routes, transporting: Boats, on especially Island, Connecticut, Massachusetts, New to 'operate as a contract carrier, by Hampshire, Vermot, and Maine, constructed trailers, between points in motor vehicle, over irregular routes, Washington west of the Cascade Moun- transporting: Synthetic fabric, woven No=n.If a hearing Is doomed necessary, tain Range, and the international boun- from synthetic fibers and synthetic yarn, applicant requests it be hold at either dary line between the United States and Louisville, Bowling Green, Frankfurt, or from Waynesboro, Va., to points in North Lexington, Ky. Canada at or near Blaine, Lynden, and Carolina, South Carolina, and Georgia, Sumas, Washington. under contract with Thiokol Fibers Di- FREIGHT FORWARDER APPLICATIONS NoTr-If a hearing is deemed necessary, vision of Thiokol Chemical Corp., located No. FF 439 (amendment), filed May applicant requests it be held at Seattle, at Waynesboro, Va. 24, Wash. 1973, published In the FEDERAL Rra- Nor.-If a hearing Is deemed necessary, ISTER Issue of June 21, 1973, and repub- No. MC 139006, filed July 16, 1973. Ap- applicant requests it be held at Washington, lished, as amended, this Issue. Appli- plicant: RAPIER SMITH, 103 East For- D.C., or Nashville, Tenn. cant: EDCO 4EX-IBIT DRAYAGE CO., rest Averiue, Bardstown, Ky. 40004. "Ap- MOTOR CARRIER OF PASSENGER a corporation, 444 Treat Avenue, San plicant's representative: Robert H. Kin- Francisco, Calif. 94110. Applicant's rep- ker, 711 McClure Building, Frankfort, Ky. No. MC 138700 (Sub-No. 2), filed Au- resentative: Daniel W. Baker, 405 Mont- 40601. Authority sought to operate as a gust 2, 1973. Applicant: REDCLIFF BUS gomery Street, Suite 1400, San Francisco, common carrier, by motor vehicle, over LINES LTD., Box 304, Redcliff, Alberta, Calif. 94104. Authority sought to engage regular routes, transporting: General Canada. Applicant's representative: Ken in operation, in interstate commerce, as commodities (except those of unusual Van Wert (same address as applicant). a freight forwarder, through use of the value, classes A and B explosives, house- Authority sought to operate as a common facilities of common carriers by railroad, hold goods as defined by the Commis- carrier,by motor vehicle, over irregular express, water, air, and motor vehicle, in sion, commodities in bulk, and those re- routes, transporting: Passengers and the transportation of exhibits, displays, quiring special equipment), Between their baggage, in charter operations, be- and exhibit and display materials, sup- Chaplin and Bardstown, Ky., serving all ginning and ending at ports of entry in plies, equipment and booths, (1) from intermediate points: From Chaplin over Montana on the international boundary points in San Francisco, Los Angeles, U.S. Highway" 62 to Bardstown, and re- line betwen the United States and Can- Alameda, and Orange Counties, Calif., turn over the same route. ada, and extending to Great Fals, and to points in the United States (except Kalispell, Mont.; restricted Nom.-Common control may be Involved. to passengers Alaska and Hawaii), and (2) between If a hearing is deemed necessary, applicant moving in foreign commerce. points in San Francisco County, Calif., requests It be held at Louisville, Ky. NoTE.-If a hearing is deemed necessary, and points In Oahu County, Hawaii, applicant requests it be held at Billings, NoT.-The purpose of this republication No. MC 139037 filed July 19,1973. Ap- Mont., field office. plicant: RALPH STOOPS, Boggstown, is: (a) To indicate applicant's correct name: Ind. 46110. Applicant's representative: APPLICATIONS FOR FILING BROKERAGE and (b) to add the origin point of Orange Donald W. Smith, 900 Cirle LICENSES (PROPERTY) County, Calif., to the request for authority Tower in (1) above. If a hearing is deemed neces- Building, Indianapolis, Ind. 46204. Au- -No. MC 130207, filed August 6, 1973. sary, applicant requests it be hold at San thority sought to operate as a contract Applicant: JAMES W. PIERCE, 4015 Francisco, Calif. carrier,by motor vehicle, over irregular Camelot Dr., A-2, Raleigh, N.C. 27609. routes, transporting: (1) Steel pipe, from No. FF-444, filed September 13, 1973. Applicant's representative: James W. Applicant: CONTAINER MOVING IN- Youngstown, Ohio, to the plantsite of Pierce (same address as applicant). Au- Culligan Fyrprotexion, Inc., located at TERNATIONAL, INC., 4600 Eisenhower thority sought to engage in operation, in Avenue, Alexandria, Va. 22304. Appli- Indianapolis, Ind., under continuing con- interstate or foreign commerce, as a tract cant's representative: Alan P. Wohlstet- with Culligan Fyrprotexion, Inc., broker at Raliegh, N.C., to sell or offer and (2) highway guardrail, from Girard, ter, 1700 K Street, NW., Washington, to sell to common and contract, motor, D.C. 20006. Authority sought to engage Ohio, to Boggstown, Ind., under con- rail, water, and air carriers, the trans- tinuing contract in operation, in interstate commerce, as with Beaty Construc- portation of general commodities, be- tion Co. a freight forwarder, through use of the ginning and ending at points in North facilities of common carriers by railroad, NoT.E-If a hearing is deemed necessary, Carolina and extending to points in the motor vehicle, water, and express, In the applicant requests it be held at Indianapolis, United States (excluding Alaska* and Ind. transportation of used household goods, Hawaii). unaccompanied baggage and used auto- No. MC 139041, filed July 27, 1973. NoTE-If a hearing is deemed necessary, mobiles, between points In the United Applicant: FRED MASSAT, 3955 West applicant requests it be held at Raleigh or States' (including Hawaii but excluding 135th Charlotte, N.C. Street, Crestwood, Ill. 60445. Ap- Alaska), restricted to the transportatIon plicant's representative: Paul J. Maton, APPLICATIONS FOR FILING BROKERAGE of import-export traffic only, 10 South LaSalle Street, Suite 1620, Chi- LICENSES (PASSENGER) cago, Ill. 60603. Authority sought to ol5- NoTE.-Common control may be involved. erate as a common carrier,by motor ve- No. MC 130208, filed August 23, 1973. Applicant requests processing under modi- hicle, over irregular routes, fied procedure,- however, If a hearing Ib transporting: Applicant: EMIMIA WALDECKj HOW- deemed necessary applicant requests it he Building materials used in construction ARD SRYGLER, AND ROBERT SRYG- held at Washington, D. C.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 NOTICES 26999

APPLICATIONS (S) 3 -WHICH HLNmrNaG factured, dealt in, and marketed by man- North Carolina, Ohio, Oklahoma, Ore- WITHOUT ORAL HEARING HAS BEEN ufacturing chemists for the graphic arts gon., Pennsylvania, South Carolina, REQUESTED industry, in' containers, and. mataials Texas, Utah. Vermont, and Washington. and suppies used in the manufacture of under contract with Anchor Chemical No. MC 139038, filed August 7, 1973. said commodities Applicant: LEON R. GOinDSiTnH, doing (except commodities Co., Inc. in bulk); and (2) commodities other- No=.-Applcant states that the requested business as TERMINAL MOTOR EX- wise exempt under section 203(b) (6) of PRESS, 1711 East 15th Street, Lot An- authority cannot be tacked with Its exi3tng the act when transported in mixed ship- authority. If a hearing i deemed necessary. geles, Calif. 90021. Applicant's represent- applicant requests it be held at Los Angeles. ative: Jerry Solomon Berger, 9454 Wil- ments with those commodities named in Calif. shire Boulevard -Penthouse, Beverly (1) above, between points In ATabam , HIlls, Calif. 90212. Authority sought to Arizona, Arkansas, California, Colorado, By the Commission. operate as a contract carrier,by motor Georgia, Indiana, Kansas. Illinois, Lou- [sEAL] - EoMr L. OSWALD, vehicle, over irregular routes, transport- isiana, Massachusetts, Michigan, Missis- Secretary. Ing: (1) Specialty commodities, manu- sippi; Missouri, New Mexico, New York, IM Dac.73-290 Filed 9-26-73;8:45 am]

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SETEMBE. 27, 1973 27000 FEIERAL REGISTER CUMULATIVE LISTS OF PARTS AFFECTED-SEPTEMBER

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

1 CFR Page 7 CFR--Continued Page 7 CFR-Continued Page CPR checklist ------23771 354 ------23934 1134 ------24210 401 ------25907 1136 ------24210 3 CFR 725 ------23935 1137------9.4216 PROCLAMIATIONS: 777------25665 1138 ------24216 4239 ------. 24191 864 ------25427 1139 ------24210 4240 ------24193, 891 ------26706 1207 ------26354 4241 ------24881 905 ------25665 1421------.- 23035, 4242 ------26099 908 ------24215, 24634,25668,26006,26182,26904 4243 ------2610k 25431,25907,26353,26601,26903 1430 ------23939 4244 ------26179 910 ------24345, 24890, 25908, 26443 1866 ------24346 4245 ------26351 928 ------24345 PROPOSED RULES: 4246 ------26441 930------24890 EXECUTIVE 932------24215 20 ------25600 ORDERS: 26------23955,25186 11359 (superseded by 11737)_. 24883 944"------26108 948 25667 46------26207 11602 (superseded by E.O. ------52 ---- 24654, 24904, 24907, 24910 11738)------25161 981 ------25668, 26181 991 23771 301 ------26808 11635 (superseded by 11737)__ 24883 ------722 ------24911, 11659 (amended by 11737) --- 24883 1001 ------24216 905 1002 24216 ------26454 11737------24883 ------906 ------26384, 26614, 26615 11738------25161 1004------24216 927 1006------24216 ------26615 Presidential Documents other than 932 ------24910 -1007------24216 944 Proclamations and Executive 1011 ------24216 ------2607 Orders: 945 ------26384 1012 ------24216 981 ------Memorandum of August 17, 1013------24213 24911 1973 ------25903 1015 989 ------20720 ------24216 1007------25024 1030 ------24216 4 CFR 1030 ------23796,25448,25756 1033 ------24216 1032 400------24195 1036 ------24216 ------25756 405------24195 1046------25756 1040 ------24216 1049------PROPOSED RULES:, 1044------24216 25756 1046 1050 ------25186,251560 331 ------23971 ------24216 1060------25222 351 ------23971, 26072 1049 ------24216 1061 1050 ------25222 400 ------23971 ------24216, 26182 1062------25750 401 ------23971 1060 ------24216 1063 1061 ------25222 402------23971 ------24216 1064------25222 403 ------23971 1062 ------24216 1065------25222 404 ...... 23971 1063 ------24216 1068 1064 ------252222 ------24216 1069------25222 5 CFR 1065------24216 1070 ------25222 213 ------2344, 1068 ------24216 1071 ------25024 24885, 25165, 25907, 26181, 26353, 1069------24216 1073 ------24654, 25024 26443,26675,26797 1070 ------24216 1076 ------25222 335 ------26601 1071 ------24216 1078------25222 430 ------26601 1073 ------24216,26707 1079 ------25222 451 ------26601 1075 ------24216 1090 ------.------25024 630 ------26601 1076 ------24216 1094 ------25024 715 ------26601 1078 ------24216 1096------25024,29100 1079 ------24216 1097 6 ------25024 CFR 1090 ------24216 1098 ------25024 102------25427 1094 ------24216 1099 ------1096 25756 130------24213 ------24216 1102 ------25024 140 ------24214 1097 ------24216 1104------25282 150 ------23794, 1098 ------...... ---- 24216 1106------25282 23931, 24214, 24885, 25427, 25686, 1099 ------24216 1108 ------25024 26181,26611,26917 1101 ------24216 1120 ------. 25282 152------23794, 24214 1102------24216 1126 ------25282 155 ------24885 1106 ------24216 1127 ------2-25282 1108 24216 PROPOSED RULES: ------1128 ------25282 1120------24216 1129 Ch. I ------24917 1121------24216 ------25282 152 ------23806,24219,24667 1124------24216 1130 ------25282 7 CFR Page 1125------.-- 24216 1131------25282 1126 ------24216 1132 ------25282 2 ------24633 1127------24216 1138------25282 51 ------23931 1128 ------24216. 1140 52 ------24344, 25165, 26903 ------26729 1129 ------24216,26709 1701 56 ------26797 1130 ------24216 ------24660, 26910 201 ------25661,26800 1131 ------24216 8 CFR 250 ------24633 1132 ------24216 214 ------24891,26354 '301 ------... . ---- 25664 1133 ------24216 238 ------24891

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 FEDERAL REGISTER 27001

9 CFR Page 14 CFR--ConUnued Page 19 CFR-.Continued Page 73 ------24346,26904 302 -- ....------24894 rorom RuLEs-Continued 389 24895,26113 82 ------23940,26904 ------113 ------25995 94 ------24891,25669 399 ------23777,24642 114 - -....------. 25995 97 ------23940 PBOPOSED RULES: 1 . .23954 319------24640 25 26811,26939 142 ...... 25995 . . . . . - - - - 25450 25448 PROPOSED RULES: 37 ------.. 151------. 39 ------23962,26811 12 25995 92------26808 61 ....- 23962 94 ------24219 20 CFR Page 71------23804, 102------23957 404 -_ 26806, 26921 23969, 24222, 24914, 25195, 25451, 405------26718 104------23957 25452, 25696, 26007, 26389, 26730- 113------26118 26734,26812,26813, 26940 26860 - 381------24374, 26454, 26455 73 ------26732 ------26861 75" 23804,26735 26873 10 CFR 121 ------23962, 26811, 26939 704 ------26877 50 ------26354 135 ------._-26811 725....- -- 26042 26354 55 ------139 ------26389 PnoPos=n RULES: 110 ------23953 Ch. II------24660 405 .... 23802, 25448, 26132, 26616 PROPOSED.R'LES: 221 ------23804 725- 26069 24661 26813 241 ------24223, 31------298 ------23805, 24662, 26616 ------26813 21 CFR 32 ------372a ------24664 Ch.'T.... 26609 50 ------26814 389 ------24662 70 ------26735 8 24643 399 7 25453 924205 12 CFR 15 CFR 26 ------259835 201 ------23772 -25671 8 23777 204 ------25985 ------121-- 24354. 24643, 25437, 26447, 26909 256 ------25908 2392 207 ------26905 376 ------...... 23777,25446 135 ------17 ------26109 377 ------25184, 26206, 26908 135a ------26910 329 ------25432,26355 399 ------2908 135b ...------24355, 26355 26910 506 ------1000 ------25909,26676 24643,24895,25673,26183, 506a ------26355 1020 ----- 26697 135c .... 24355,24644,25673, 26183, 26910 525 ------26357 135e------.... 25674, 25676, 26910 23940,25433 1025 ------26699 - 25674 526 ------1030 ------26699 545 - - --- 24200, 26709, 26710 26703 1 _25437 546 ------24201 1035 ------14 6 .... 2 5 67 4 1040------26704 561 ------26110,26711 1050 26705 25674, 26183 563 ----24202, 26110, 26357, 26711, 26712 ------149d - - 25675 566 ------26112 16 CFR 191-... ------26910 570 26112 191b --- 26910 ------24352, 13 ------308 ------26447 PROPOSED FWLES: 24353,24634,25434-25436,26602 1308 26610 204------25703 1500 -...------27012 1401 ------26611 217 ------26468 1505 ------..-- 27012 PROPOSED RULES: 220 ------26009 PROPOSED RULES: 266 ------26469 1700 ------__- 25195 10 -25195 329 ------26391 27 ------2634 526------26736 17 CFR 12 1 ...... -2 4 3 7 4 ,1 43 7 5, 2 5 69 4 545 ------24228, 26133 210 ...... -26182 130------24220,26809 702 ------26216 211 ------24635 1. 25694 231 ------24635 141e------26006 13 CFR 241 -- 24635,26358,26716 273 ------26130 PROPOSED RULES: 251 ------24635 278 ... ------26007 24635 107 ------24028 271 ------23 CFR PROPOSED RULES: 14 CFR PROPOSED RULES: 230 ------24668 770 ..... 23969 Ch.I ------26444 240 ------....------26943 772 .... .------25696 39 ------23941, 270 ...... -.-26133,26816 24347, 24349, 24640, 24641, 25170, 275 ....------26816 25669, 25670, 25905, 26358, 26713, 24 CFR 26800,26905 18 CFR 42 - 25172,26113 71 ------23941, 200------.-25993 2 ------26603 201 .25676 23942, 24204, 24350, 24641, 24892, 1 R17 25171, 25433, 25905-25907, 26112, 26603 203-- 24637 26444, 26445, 26714, 26801, 26905, 19 CFR 205-24637, 24896 207__.------24637 26906 Ch. I ------25171 73------26445,26714,26906 213 ------24637 1------. ---- ..... 24354,25171 75------24204, 25171, 26715, 26907 220 24637 4 ..------24354 91 ------24893 221------24637 95 ------24893 PROPOSED RULES: 232_.-24637 97 ------24350,26446,26715,26907 1------24374,25185 234------. 24637 103------26446 10 ------25995 235 ------24638 208 ------24642 11 ------25995 236 ------24638 229 ...------26908 12 ------25995 241 ------.. 24638 240 ------26601 19 ------...------25993 242 -- --- 24638 241 ------24351, 26461 24 ------23954 244-- ---.-.-.-.------.- 24638, 24896 288 ------23772 25 ------25995 1700------23866

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 27002 FEDERAL REGISTER

24 CFR-Continued Page 32 CFR--Continued Page 40 CFR--Continued Page 1710 ------23866 883 ------26802 PROPOSED RULES-Continued 1715 ------23873 1285 ------24206 180----- 23806,24667,24918,25455 1720 ------23874 1453 ------24210 411------24462 1914 ------23943- PROPOSED RULES: 412------24460 23945, 24355-24357, 25677, 25678. 1604 ------25704 422------24470 25994,26113,26114,26367,26911 1623 ------26392 1915 ------24358, 24360, 26368 1626------26392 4-1 CFR PROPOSED RULES: 1628 ------26392 1-1 ------24210,26013 20 ------24222 1631 ------26392 1-2 ------26913 1-3 ------26914 42 ------26923 1632------26392 201 23803 1641 ------26392 1-7 ------26916 ------1-9:...------23782 205 ------26132 32A CFR 1-16 ------26916 242 ------26132 Ch.IV: 1-18 ------23791 244 ------26132 BP Notice 1------25175 3-16 ------24644 25 CFR Ch.-X: 8-4 ------20368 Reg. 1 8-16 ------26369 141 ------24638 Ch. XI 8-95 ------26360 251 ------L--- 25987 OIAB Rules and Procedures- 26103 101-25 ------26604 252 ------25988 Ch. XIIl: 105-64 ------26604 256 ------23945 EPO Reg. 3 ------23977 114-43------26370 PROPOSED RULES: PROPOSED RULES: 114-50 ------24649 221 ------23954, 23955, 26729 Ch. X------26005 42 CFR 243 ------26118 33 CFR 21 ------25683 117------25433, 26115 51 ------26194 26 CFR 51a ------26195 1------24206, 26184, 26911, 26912 127 ------24898 207 ------251176 51b ------26106 PROPOSED RULES: 401 ------24210 52 ------26196 1 ------26918 53 ------26196 PROPOSED RULES: 54 ------26197 28 CFR 117 ----- 24912-24914,25455,26938 55 ------26197 127 0 ------26910 ------23804 56------.------26197 57 ------26198 2 ------26652 35 CFR 26448 59 ------26198 17 ------5 ------25438 59a ------26109 29 CFR 51 ------26722 87 ------26190 201 ------26449 91 ------20200 36 CFR 205 ------26201 202 ------26449 50 ...... 24218 203 ------26449 206 ------26201 221 ------23948 208 .------26201 204 ----- L------26449 295 ------26723 205 ------26449 PROPOSED RULES: 206 ------26449 PROPOSED RULES: 50------26459 610 ------25988. 7 ------23796, 24912, 25185 81 ------26730 612 ------25989 614 ------25989 38 CFR 43 CFR 723 ------26718 1 ------24364 4 ------23948 1602 ------26719 2 ------24366 3830 ------24650 1907 ------25150 3 ...... 26804 4710------..-- 24650 1952 ------24896, 25172, 26449 17 ------24366, 26190 1953 ------24361 21------23948 PUBLIC LAND ORDERS: 36 ------25678 5169 (Amended by PLO 5396). 26376 PROPOSED RULES: 5170 (Amended by PLO 5395) . 26375 202 ------2i6919 PROPOSED RULES: 5171 (Amended by PLO 5389). 23371 206 ------26919 17 ------26393 5172 (Amended by PLO 5392). 26373 1910 - 24300, 24375,26207, 26459 21 ------26944 5173 (Amended by PLO 5391). 26372 39 CFR 5175 (Amended by PLO 5304) - 26375 30 CFR 5176 (Amended by PLO 5393). 26373 57 ------23781 235 ------26193 3000 ------24898 5177 (Amended by PLO 5397). 26377 PROPOSED RULES: 3001 24898 5179 (Amended by PLO 5389, ------5393, 5395, 5396, 5397) ----26370- 270 ------26807 26377 271 ------26807 40 CFR 35 ------24639,26358,26882 5180 (Amended by PLO 5388, 504 ------24024 5393, 5394, 5396, 5397) ----26370-- 50 ------25678 26377 31 CFR 52 ------24333, 26324 5181 (Amended by PLO 5388, 91------94897 80 ------26449 113 ------25439 5394)------26370-26377 315------24762, 26189 5186 (Amended by PLO 5393).. 26373 605 ------24898 120 ------26358 126 25681 5191 (See PLO 5311, 5392, 5394, ------5396,5397)------26370-26377 32 CFR 129 ------24342 162------26360 5192 (See PLO 5389,5393,5395, 166 ------25990 168 ...... 26360 5396, 5397)------26370-26377 18------i------266 301 ------26720 180 ------23781, 25440, 26450, 26913 5193 (See PLO 5393, 5394, 5395, 802 ------26190 5396, 5397)------26370-26377 806 ------26190 PROPOSED RULES: 809 ------23945 51------25697 5194 (See PLO 5388, 5394)._. 26370- 818b ------26801 52 ------23805,26390,26462 26377 881 ------26891 120------26209,26463 5213 (See 5391) ------26372

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 FEDERAL REGISTER 27003-27010

43 CFR-Continued Page 45 CFR-Continued Page 49 CFR Page PuBLic LND ORDER s-Continued 905 ------26201 1------24901, 24902, 26805 909 ------24900, 26201 170 ...... 23791 5250 (See PLO 5389, 53L3, 5395, PROPOSED RULES: 171 23792 5396, 5397)------26370-26377 ------26384 172 23792 5251 (See PLO 5393,,5394, 5396, 83------23792 5396, 5397) ------26370-26377 167 ------26768 190 26660 178 ...... 23792 5252 (See PLO 5391) ------26372 --- 25182 5253 (See PLO 5389) ------26371 221 ------24872 233 -- 23802 570 -- 23949,25685 5254 (See PLO 5393) ------26373 ------1003 26205 249 .... 5253 (See PLO 5396) ------376 ------26460 1033 ..... 23792, 5321 (See PLO 5391) ------26372 250..- - - 25450,26920 5383 ------25684 903 ------23912 23793, 23952, 24212, 24902, 25183, 25685,26205,26805 5387------26370 1048 24368 5388------26370 46 CFR 26603 ... 26371 5389 ..------PROPOSED RULES: 1115 ...... 23953, 24903, 25686, 26609 5390 ------6372 146------23959 112 ...... 24902,26726 5391 ------26372 1134 ..... 26205 160------26938 - - 26205 5392------26373 5393------26373 Ch. IV ...------26943 130 -...... 26805 5394 ------26375 542 .....-- - 23979 1307 ------...------26805 5395 ------26375 538 24228 ------1 3 ... 26806 5396 26373 ------47 CFR 1322 --- ...... ------26726 537 ------26377 0------24900,26724 PROPOSIM RULES: PROPOSED RULES: 1------26202 172 --.-...- ....---- .-- .- 24915 3000 ------26918 2 ------24901, 25180, 25991 173 ...... 24915 -~24915 3200------26918 13 ------25684 393 ---- 24223, 25452, 25696, 26461 23------24901 45 CFR 542 ---.-.-.-..--.-----.--- 23979 73------24367, 571 ---.-.--.-..--.-. 23804,26940 74------26274 25991, 26203, 26204, 26380, 26451, 1057. J24228 201 ------26320 26453 131 23979 205 ------26378,26804 74 ------25991, 25992, 26381 220 ------26320 81 ------24211,25180,25991 50 CFR 26379.26608 233 ------83 ------24368, 25180, 25992 20 ----- 23793,26609 234 ------26380 87------25684 32 .23793, 401 ------26320 89 ------24901 23794, 24212, 24369-24373, 24650-- 403 -- ..------26320 91 ------25182, 26381 24652, 25183, 25441-25445, 25686, 404 ------26320 93 ------.------24901 25992, 26115, 26116, 26205, 26381- 26320 97 ------24211 405 ------26383, 26727, 26728 406 26320 ------PRo-OSED RULES: 25445 --- 408 ------26320 61 --- -.------24920 253. ------26116 416 ------26320 73------25703, 901 ------26201 26008,26211,26212,26380,26463- PRoPosED RULES: 903 ------26201 26465 21.- 23796 OnA 9n9l1 97------26942 32------25693

FEDERAL REGISTER PAGES AND DATES--SEPTEMBER Pages Date 23765-23922 .... Sept. 4 23923-24184- 5 24185-24326------6 24327-24625------7 24627-24874 ------10 24875-2515L------11 25155-25420 ------.. . 12 25421-25654-. - - -- 13 25655-25895 ------14 25897-26091------17 26093-26171 ..------18 26173-26344--._ 19 26345-23433 .... 20 26435-26593 ------21 26595-26668- 24 26669-26790 ------25 26791-26883 .... -6 26885-27038 ...------27

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973

THURSDAY, SEPTEMBER 27, 1973 WASHINGTON, D.C.

Volume 38 K Number 187

PART 11-I

CONSUMER PRODUCT SAFETY COMMISSION

FEDERAL HAZARDOUS SUBSTANCES ACT REGULATIONS

Revision and Transfer

No. 187-Pt. -- 1 27012 RULES AND REGULATINS Title 16-Commercial Practices See. See. 1500.12 Products declared to be hazardous 1500.272 Costs chargeable In connection CHAPTER II-CONSUMER PRODUCT substances under section 3 (a) of with relabeling and recondition- SAFETY COMMISSION, the act. Ing inadmissiblo Imports. SUBCHAPTER C-FEDERAL HAZARDOUS 1500.13 Listing of "strong sensitizer" sub- - SUBSTANCES ACT REGULATIONS stances. Amrnorry.--Secs. 2-5, 10, 14, 74 Stat, 372- 1500.14 Products requiring special labeling 76, 378-79, as amended, 80 Stat, 1303-05, 83 PART 1500-HAZARDOUS SUBSTANCES under section 3(b) of the act. Stat. 187-89, 84 Stat. 1673 (15 U.S.C, 1201 AND ARTICLES; ADMINISTRATION AND 1500.15 Labeling of fire extinguishers. aid note, 1262-64, 1269, 1273) unless other- ENFORCEMENT REGULATIONS 1500.17 Banned hazardous substances. wise noted. PART 1505--REQUIREMENTS FOR ELEC- 1500.18 Banned toys and other banned af- § 1500.1 Scope of subchapter. ticles intended for use by chll- TRICALLY OPERATED TOYS OR OTHER Set forth ELECTRICALLY OPERATED ARTICLES dren. in this Subchapter C are the INTENDED FOR USE BY CHILDREN 1500.40 Method of testing toxic substances. regulations of the Consumer Product 1500.41 Method of testing primary irri- Safety Commission Issued pursuant to Revision and Transfer tant substances. and for the implementation of the Fed- 1500.42 Test for eye irritants. Effective May 14, eral Hazardous Substances Act as 1973, sec. 30(a) of 1500.43 Method of test for flashpoint of amended § the Consumer Product Safety Act (Pub. volatile flammable materials by (see 1500.3(a)(1)). L. 92-573, 86 Stat. 1231 (15 U.S.C. 2079 Tagliabue open-cup apparatus. § 1500.2 Authority. (a))); among other things, transferred 1500.44 Method for determining extremely flammable and flammable solids. Authority under the Fedeial Hazard- from the Secretary of Health, Education, 1500.45 Method for determining extremely ous Substances Act Is vested in the Con- and Welfare to the Consumer Product flammable and flammable con- sumer Product Safety Commission by Safety Commission functions under the tents of self-pressurized con- section 30(a) of the Consumer Product Federal Hazardous Substances Act. tainers. Safety Act (15 U.S.C. 2079(a)). Before May 14, 1973, the Commis- 1500.46 Method for determining flashpoint -stoner of Food and Drugs under dele- of extremely flammable opntents § 1500.3 Definitions. gated authority, promulgated regula- of self-pressurized containers. 1500.47 Method for determining the sound (a) Certain terms used in this part. tions under the Federal Hazardous Sub- pressure level produced by toy As used In this part: stances Act which appear in the Code of caps. (1) "Act" means the Federal Hazard- Federal Regulations as 21 CFR Parts 1500.81 Exemptions for food, drugs, cos- ous Substances Act (Pub, L. 86-613, 74 191 and 191b. The purpose of this docu- metics, and fuels. Stat. 372-81 (15 U.S.C. 1261-74)) as ment is to revise and transfer those reg- 1500.82 Exemption from full labeling and amended by: ulations. other requirements. (1) The Child 1500.83 Exemptions for small packages, Protection Act of 106 Accordingly, pursuant to sec 30(a) of minor hazards, and special cir- (Pub. L. 89-756, 80 Stat. 1303-05). the Consumer Product Safety Act, the cumstances. (ii) The Child Protection and Toy Consumer Product Safety Commissioni 1500.84 Exemption for unlabeled con- Safety Act of 1969 (Pub. L. 91-113, 83 hereby (1) deletes Parts 191 and 191b tainers. Stat. 187-90). from Title 21, Chapter I, and (2) revises 1500.85 Exemptions from classification as (Iii) The Poison Prevention Packaging and reissues the regulations under the banned hazardous substances. Act of 1970 (Pub. L. 91-601, 84 Stat. Federal Hazardous Substances Act as 1500.86 Exemptions from classification as 1670-74). a banned toy or other banned Parts 1500 and 1505, respectively, of Title article for use by children. (2) "Commission" means the Con- 16, Chapter II, Subchapter C, as set forth 1500.121 Labeling requirements; placement, sumer Product Safety Commission es- below. conspicuousness, and contrast, tablished May 14, 1973, pursuant to pro- Any provisions of 21 CFR Parts 191 1500.122 Deceptive use of disclaimers. visions of the Consumer Product Safety and 191b having delayed effective dates 1500.123 Condensation of label information. Act (Pub. L. 92-573, 86 Stat. 1207-33 (15 shall have the same delayed effective date 1500.125 Labeling requirements for accom- U.S.C. 2051-81)). in 16 CFR Parts 1500 and 1505, and these panying literature. (b) Statutorv definitions. Except for 1500.126 Substances determined to be the definitions given in section 2 (o) and are noted. "special hazards." The material is revised to update 1500.127 Substances with multiple hazards. (d) of the act, which are obsolete, the 1500.128 Label comment. definitions set forth In section 2 of the names, titles, cross-references, etc., and act are applicable to add and clarify certain definitions. The 1500.129 Substances named in the Federal to this part and are statutory definitions appearing in sec. 2 Caustic Poison Act. repeated for convenience as follows of the Federal Hazardous Substances 1500.130 Self-pressurized containers; label- (some of these statutory definitions are - ing. interpreted, supplemented, or provided Act (15 U.S.C. 1261) have been added to 1500.131 Methyl alcohol-base radiator anti- the regulations with alternatives In paragraph (0) of for convenience and are freeze; labeling. this section): set forth in 16 CFR 1500.3(b). The defi- 1500.132 Ethylene glycol-base radiatoranti- nitions that previously freeze; labeling. (1) "Territory" means any territory or appeared in 21 possession of the United States, Includ- CFR 191.1 have been clarified as to their 1500.133 Extremely flammable contact ad- ing the District of relationship to the statutory definitions hesives; labeling. Columbia and the 1500.201 Procedure for the issuance, Commonwealth of Puerto Rico but ex- and those that involve the latter are set amend- cluding forth In 16 CFR 1500.3(c). ment, or repeal of regulations the Canal Zone. declaring particular substances (2) "Interstate commerce" means (i) Since no new requirements are added to be hazardous substances or commerce between any State or territory by this revision, notice and public pro- banned hazardous substances. and any place outside thereof and (11) cedure are not prerequisites to this issu- 1500.210 Responsibility. commerce within the District of Colum- ance. 1500.211 Guaranty. bia or within any territory not organized Parts 1500 and 1505 of Title 16, Chap- 1500.212 Definition of guaranty; suggested with a legislative body. ter II, Subchapter C, read as follows: - forms. (3) "Person" includes an Individual, PART 1500-HAZARDOUS SUBSTANCES 1500.213 Presentation of views under sec-. partnership, corporation, and associa- AND ARTICLES; ADMINISTRATION AND tion 7 of the act. tion. ENFORCEMENT REGULATIONS 1500.14 Examinations and investigations; (4) (1) "Hazardous substance" means: samples. (A) Any substance or mixture of sub- Sec. IMPORTS stances which is toxic, corrosive, an Ir- IE00.1 Scope of subchapter. ritant, a strong sensitizer, flammable 1500.2 Authority. 1500.265 Imports; definitions. or combustible, or generates pressure 1500.3 Definitions., 1500.266 Notice of sampling. 1500.4 Human experience with hazardous 1500.267 Payment for samples. through decomposition, heat, or other substances. 1500.268 Hearing. means, if such substance or mixture of 1500.5 Hazardous mixtures. 1500.269 Application for authorization. substances may cause substantial per- 1500.7 Federal preemption of State and lo- 1500.270 Granting of authorization. sonal Injury or substantial illness dur- cal labeling requirements. 1500.271 Bonds. ing or as a proximate result of any

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 27013

customary or reasonably foreseeable han- (C) Produces death within 14 days in of the act that any word, statement, or dling or use, including reasonably fore-- half or more than half of a group of 10 other information appear on the label seeable ingestion by children, or more rabbits tested in a dosage of 200 shall not be considered to be complied (B) Any substance which the Com- milligrams or less per kilogram of body with unless such word, statement, or mission by regulation finds, pursuant welght, when administered by continuous other Information also appears I) on to the provisions of section 3(a) of the contact with the bare skin for 24 hours the outside container or wrapper, if any act, meet the requirements of section or less. there be, unless It is easily legible through 2(f) (1) (A) of the act (restated in (A) (i) If the Commlssonlnds that avail- the outside container or wrapper and above), able data on human experience with any (WI) on all accompanying literature (C) Any radioactive substance if,with substance indicate results different from where there are directions for use, writ- respect to such substance as used in a those obtained on animals in the dosages ten or otherwise. particular class of article or as packaged, and concentrations specified In para- (13) "Immediate container" does not the Commission determines by regula- graph (b) (6) (1) of this section, the hu- include package liners. tion that the substance, is sufficiently" man data shall take precedence. (14) "Misbranded hazardous sub- hazardous to require labeling in accord- (7) "Corrosive" means any substance stance" means a hazardous sub- ance with the act In order to protect which in contact with living tissue will stance (including a toy, or other article the public health. cause destruction of tissue by chemical intended for use by children, which is a (D) Any toy or other article intended action, but shall not refer to action on hazardous substance, or which bears or for use by children which the Commis- inanimate surfaces. contains a hazardous substance in such sion by regulation determines, in ac- (8) "Irritant" means any substance manner as to be susceptible of access by cordance with section 3(e) of the act, not corrosive within the meaning of sec- a child to whom such toy or other article presents an electrical, mechanical, or tion 2(i) of the act (restated In para- is entrusted) intended, or packaged in a thermal hazard, graph (b) (7) of this section) which on form suitable, for use in the household (ii) "Hazardous substance" shall not immediate, prolonged, or repeated con- or by children, if the packaging or label- apply to pesticides subject to the Fed- tact with normal living tissue will in- ing of such substance is in violation of an eral Insecticide, Fungicide, and Rodenti- duce a local inflammatory reaction. applicable regulation Issued pursuant to cide Act, to foods, drugs, and cosmetics (9) "Strong sensitizer" means a sub- section 3 or 4 of the Poison Prevention subject to the Federal Food, Drug, and stance which will cause on normal living Packaging Act of 1970 or if such sub- Cosmetic Act, nor to substances intended tissue through an allergic or photody- stance, except as otherwise provided by for use as fuels when stored in containers namic process a hypersensitivity which or pursuant to section 3 of the act (Fed- and used in the heating, cooking, or re- becomes evident on reapplication of the eral Hazardous Substances Act), fails to 'frigeration system of a house. qHazard- same substance and which is designated bear a label: ous substance" shall apply, however, to as such by the Commission. Before desig- (1) Which states conspicuously: any article which is not itself a pesti- nating any substance as a strong sensi- (A) The name and place of business cide within the meaning of the Federal tlzer, the Commission, upon considera- of the manufacturer, packer, distributor, Insecticide, Fungicide, and Rodenticide tion of the frequency of occurrence and or seller; Act but which is a hazardous substance severity of the reaction, shall find that (B) The common or usual name or within the meaning of section 2(f) (1) the substalpe has a significant potential the chemical name (if there be no com- of the Federal Hazardous Substances Act for causing hypersensitivity. mon or usual name) of the hazardous (restated in paragraph (b) (4) (1) of this (10) "Extremely flammable" shall ap- substance or of each component which section) by reason of bearing or contain- ply to any substance which has a flash- contributes substantially to its hazard, ing such a pesticide. point at or below 200 P. as determined unless the Commission by regulation per- (il) '"Hazardous substance" shall not by the Tagliabue Open Cup Tester; mits or requires the use of a recognized include any source material, special nu- "flammable" shall apply to any substance generic name; clear material, or byproduct material as which has a flashpoint of above 20" F., (C) The signal word "DANGE1" on defined in the Atomic Energy Act of to and including 800 F, as deter- substances which are extremely flam- 1954, as amended, and regulations issued as determined by the Tagliabue Open mable, corrosive, or highly toxic; pursuant thereto by the Atoaie Energy Cup Tester; and "combustible" shall ap- (D) The signal word "WARNIG" or Commission, ply to any substance which has a flash- "CAUTION" on all other hazardous sub- (5) "Toxic" shall apply to any sub- mined by the Tagllabue Open Cup stances; stance (other than a radioactive sub- Tester; and "combustible" shall apply (E) An affirmative statement of the stance) which has the capacity to pro- to any substance which has a flash- principal hazard or hazards, such as or illness to n point above 800 F. to and including "Flammable," "Combustible," "vapor throughduce personal ingestion, injury inhalation, tiothrough non, inhala , or absorp- Open150' F., Cup as Tester;determined except by thatthe Tagliabuethe 11am- Harmful," "Causes Burns," "Absorbed tion through any body suface, inability or combustibility of solids and Through Skin," or similar wording de- scriptive of the hazard; (6) (i) "Highly toxic" means any of the contents of self-pressurized con- substance which falls within any of the tainers shall be determined by methods (F) Precautionary measures dezcrib- following categories: found by the Commission to be generally ing the action to be followed or avoided, except when modified by rezulatfon-of (A) Produces death within. 14 days applicable to such materials or contain- the Commission pursuant to section 3 of in half or more than half of a group of ers, respectively, and established by reg- the act; 10 or more laboratory white rats each ulatlons issued by the Commission, whlch weighing between 200 and 300 grams, at regulations shall also define the terms (G) Instruction, when necessary or a single dose of 50 milligrams or less per "flammable," "combustible,' and "ex- appropriate, for fir -aid treatment; kilogram of body weight, when orally tremely flammable" in accord with such (H) The word "Poison" for any haz- administered; or methods. ardou substance which is defined as (B) Produces death within 14 days in (11) "Radioactive substance" means a "highly toxic" by section 2(h) of the half or-more than half of a group of 10 or substance which emits Ionizing radiation. act (restated in paragraph (b) (6) of this more laboratory white rats each weighing (12) "Label" means a display of writ- section); between 200 and 300 grams, when inhaled ten, printed, or graphic matter upon the ( Instructions for handling and stor- continuously for a period of 1 -hour or immediate container of any substance or, age of packages which require special less at an atmospheric concentration of in the cases of an article which is un- care in handling or storage; and 200 parts per million bf volume or less packaged or Is not packaged in an ia- (J) The statement (1) "Zeep out of of gas or vapor or 2 milligrams per liter mediate container intended or suitable the reach of children" or its practical by volume or less of mist or dust, pro- for delivery to the ultimate consumer, a equivalent, or,. (2) If the article Is in- vided such concentration is likely to be display of such matter directly upon the tended for use by children and is not a encountered by man when the substance article involved or upon a tag or other banned hazardous substance, adequate is used in any reasonably foreseeable suitable material affixed thereto. A re- directions for the protection of children manner; or quirement made by or under authority from the hazard; and

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 27014 RULES AND REGULATIONS

(ii) On which any statements required finds that the distribution for household volume or less of gas or vapor, or 2 milli- under section 2(p) (1) of the act (re- use of the hazardous substance involved grams per liter by volume or less of mist stated in paragraph (b) (15) (i) of this presents an imminent hazard to the pub- or dust, Is Inhaled continuously for 1 section) are located prominently and are lie health, the Commission may by order hour or less, if such concentration is in the English language in conspicuous published in the FEDERAL REGISTER give likely to be encountered by man when. and legible type in contrast by typogra- notice of such finding, and thereupon the substance is used in any reasonably phy, layout, or color with other printed such substance when intended or offered foreseeable manner; and/or matter on the label. for household use, or when so packaged (C) Rabbits (each weighing between "Misbranded hazardous substance" as to be suitable for such use, shall be 2.3 and 3.0 kilograms) when a dosage of also means a household substance as de- deemed to be a "banned hazardous sub- 200 milligrams or less per kilogram of fined in section 2(2) (D) of the Poison stance" pending the completion of pro- body weight is administered by continu- Prevention Packaging Act of 1970 if it is ceedings relating to the issuance of such ous contact with the bare skin for 24 a substance described in section 2(f)(1) regulations. " hours or less by the method described in of the Federal Hazardous Substances Act (16) "Electrical hazard"-an article § 1500.40.- (restated in paragraph (b) (4) (i) (A) of may be determined to present an elec- The number of aninals tested shall be this section) and its packaging or label- trical hazard if, in normal use or when sufficient to give a statistically signifi- ing is in violation of an applicable regula- subjected to reasonably foreseeable dam- cant result and shall be in conformity tion issued pursuant. to section 3 or 4 of age or abuse, its design or manufacture with good pharmacological practices. the Poison Prevention Packaging Act of may cause personal injury or illness by (2) To give specificity to the definition 1970. electric shock. of "toxic" in section 2(g) of the act (and (15) (1) "Banned hazardous substance" (17) "Mechanical hazard"-an article restated in paragraph (b) (5) of this sec- means: may be determined to present a mechan-, tion), the following supplements that (A) Any toy, or other article intended ical hazard if, in normal use or when definition: "Toxic" means any substance for use by children, which is a hazardous subjected to reasonably foreseeable dam- that producqs death within 14 days in substance, or which bears or contains a age or abuse, its design or manufacture half or more than half of a group of: hazardous substance in such manner as presents an unreasonable risk of per-. (1) White rats (each weighing between to be susceptible of access by a child to sonal injury or illness: 200 and 300 grams) when a single dose of whom such toy or other article is en- (i) From fracture, fragmentation, or from 50 milligrams to 5 grams per kilo- trusted; or disassembly of the article; gram of body weight is administered (ii) From propulsion of the article (or orally. Substances falling in the toxicity (B) Any hazardous substance intended, any part or accessory thereof); or packaged in a form suitable, for use range between 500 milligrams and 5 (iii) From points or other protrusions, grams per kilogram of body weight will in the household, which the Commission surfaces, edges, openings, or closures; by regulation classifies as a "banned be considered for exemption from some hazardous substance" on the basis of a (iv) From moving parts; or all of the labeling requirements of the (v) From lack or insufficiency of con- act, under §1500.82, upon a showing that finding that, notwithstanding such cau- trolg to tionary labeling as is or may be required reduce or stop motion; such labeling is not needed because of under the act for that substance, the (vi) As a result of self-adhering char- the physical form of the substances (sol- acteristics of the article; id, a thick plastic, emulsion, etc.), the degree or nature of the hazard involved (vii) Because the in the presence or use of such substance article (or any part size or closure of the container, human in households is such that the objective or accessory thereof) may be aspirated experience with the article, or any other of the protection of the public health or ingested; relevant factors; (viii) Because of instability; or (ii) White rats (each weighing be- and safety'can be adequately served only (ix) Because of any other aspect of the by keeping such substance, when so in- tween Z00 and 300 grams) when an at- tended or packaged, out of the channels article's design or manufacture. mospheric concentration of more than (18) "Thermal hazard"-an article of interstate commerce: Provided, That may 200 parts per million but not more than the Commission by regulation (1) shall be determined to present a thermal Z0,000 parts per million by volume of gas exempt from section 2(q) (1) (A) of the hazard if, in normal use or when sub- or vapor, or more than 2 but not more act (restated in paragraph (b) (15) (i) jected to reasonably foreseeable damage than 200 milligrams per liter by volume (A) of this section) articles, such ,as or abuse, its design or manufacture pre- of mist or dust, is inhaled continuously chemistry sets, which by reason of their sents -an unreasonable risk of personal for 1 hour or less, if such concentration functional purpose require the inclusion injury or illness because of heat as from is likely to be encountered by man when of the hazardous substance involved, or heated parts, substances, or surfaces. the substance Is used in any reasonably necessarily present an electrical, me- (c) Certain statutory definitions in- foreseeable manner: and/or chanical, or thermal hazard, and which terpreted,supplemented, or provided with (iii) Rabbits (each weighing between bear labeling giving adequate directions alternatives. The following items inter- 2.3 and 3.0 kilograms) when a dosage of and warnings for safe use and are in- pret, supplemenit, or provide alternatives more than 200 milligrams but not more tended for use by children who have to definitions set forth in section 2 of the than 2 grams per kilogram of body attained sufficient maturity, and may act (and restated in paragraph (b) of weight is administered by continuous reasonably be expected, to read and heed this section) : contact with the bare skin for 24 hours such directions and warnings, and (2) (1) To provide flexibility as to the by the method described in § 1500.40. shall exempt from section 2(q) (1) (A). of number of animals tested, the following The number of animals tested shall be the act (restated in paragraph (b) (15) is an alternative to the definition of sufficient to give a statistically significant (i) (A) of this section), and provide for "highly toxic" in section 2(h) of the act result and shall be in conformity with the labeling of, common fireworks (in- (and paragraph (b) (6) of this section): good pharmacological practices. "Toxic" cluding toy paper caps, cone fountains, "Highly toxic" means: also applies to any substance that Is cylinder fountains, whistles without re- (i) A substance determined by the "toxic" (but not "highly toxic") on the port, and sparklers) to the extent that Commission to be highly toxic on the basis of human experience. the Commission determines that such basis of human experience; and/or (3) The definition of "corrosive" In articles can be adequately labeled to pro- (it) A substance that produces death section 2(i) of the act (restated in para- tect the purchasers and users thereof. within 14 days in half or more than half graph (b) (7) of this section) Is inter- (i) Proceedings for the issuance, of a group of: preted to also mean the following: "Cor- amendment, or repeal of regulations (A) White rats (each weighing between rosive" means a substance that causes pursuant to section 2(q) (1) (B) of the act 200 and 300'grams) when a single dose visible destruction or irreversible altera- (restated in paragraph ( ) (15) (i) (B) of of 50 milligrams or less per kilogram of tions in the tissue at the site of contact. this section) shall be governed by the body weight is administered orally; A test for a corrosive substance Is provisions of section 701 (e), (f), and (g) (B) White rats (each weighing be- whether, by human experience, such tis- of the Federal Food, Drug, and Cosmetic tween 200 and 300 grams) when a con- sue destrubtion occurs at the site of ap- Act: Provided, That if the Commission centration of 200 parts per million by plication. A substance would be consid-

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 27015 ered corrosive to the skin if, when tested F. or less when subjected to friction, (9) In the definition of "label!"in sec- on the intact skin of the albino rabbit percussion, or electrical spark. tion 2(n) of the act (restated in para- by the technique described in § 1500.41, (iv) lammable solid" means a solid graph (b)12) of this section), a pro- the structure of the tissue at the site or substance that, when tested by the vision stipulates that words, statements, contact is destroyed or changed irreversi- method described in 1 1500.44, Ignites or other information required to be on bly in 24 hours or less. Other appropriate and burns with a self-sustained flame the label must also appear on all ac- tests should be applied when contact of at a rate greater than one-tenth of an companying literature where there are the substance with other than skin tissue inch per second along its major axis. directions for use, written or otherwise. is being considered. (v) "Extremely flammable contents of To make this provision more specific, (4) The definition of "irritant" in sec- self-pressurized container" means con- "accompanying literature'" is interpreted tion 2(j) of the act (restated in para- tents of a self-pressurized container to mean any placard, pamphIet, booklet, graph (b) (8) of this section) is supple- that, when tested by the method de- book, sign, or other written, printed;, or mented by the following: "Irritant" in- scribed in § 1500.45, a flashback (a flame graphic matter or visual device that pro- eludes "primary irritant to the skin" as extending back to the dispenser) is ob- vides directions for use, written or other- well as substances irritant to the eye or tained at any degree of valve opening wise, and that is used in connection with to mucou membrances. "Primary irri- and the flasbpoint, when tested by the the display, sale, demonstration, or mer- tant" means a substance that is not cor- method described in § 1500A6, Is less chandising of a hazardous substance In- rosive and that human experience data than 20' F. tended for or packaged in a form suit- indicate is a primary irritant and/or (vi) "Flammable contents of self-pres- able for use in the household or by means a substance that results in an surized container" means contents of a children. empirical score of five or more when self-pressurized container that, when (10) The definition of "misbranded tested by the method described in tested by the method described in hazardous substance" In section 2(p) of § 1kO.41. "Eye irritant" means a sub- § 1500.45, a flame projection exceeding the act (restated In paragraph (b) (14) of stance that human experience data indi- 18 inches is obtained at'ful1 valve open- this section) is supplemented by the fol- cate is an irritant to the eye and/or ing or a flashback (a flame extending lowing definitions or interpretations of means a substance for which a positive back to the dispenser) is obtained at any terms used therein: test is obtained when tested by the degree of valve opening. (1) "Hazardous substances Intended, or method described in § 1500.42. (7) The definition of "hazardous sub- packaged in a form suitable, for use in the (5) The definition of 4'strong sensi- stance" in section 2(f) (1) (A) of the act household" means any hazardous sub- .tizer" in section 2 (k) of the act (restated (restated in paragraph (b) (4) ()A) of stance, whether oz not packaged, that in paragraph (b) (9) of this section) is this section is supplemented by the fol- under any customary or reasonably fore- supplemented by the following: A "strong lowing definitions or Interpretations of seeable condition of purchase, storage, or allergic sensitizer" is a substance that terms used therein: use may be brought into or around a produces an allergenic sensitization in a (I) A substance or mixture of sub- house, apartment, or other place where substantial number of persons who come stances that "generates pressure people dwell, or In or around any related into contact with it. An allergic sensitiza- through decomposition, heat, or other building or shed including, but not lir- tion develops by means of an "antibody means" is a hazardous substance: Ited to, a garage, carport, barn, or storage mechanism" in contradistinction to a (A) If it explodes when subjected to shed. The term includes articles, such primary irritant reaction which does not an electrical spark, percussion, or the as polishes or cleaners, designed pri- arise because of the participation of an flame of a burning'paraffin candle for 5 marily for professional use but which are "antibody mechanism." An allergic re- seconds or less. available in retail stozes, such as hobby action ordinarily does not develop on (B) If it expels the closure of Its con- shops, for nonprofessional use. Also in- first contact because of necessity of prior tainer, or bursts its container, when held cluded are Items, such as antifreeze and exposure to the substance in question. it or below 130' F. for 2 days or less. radiator cleaners, that although princi- The sensitized tissue -exhibits a greatly (C) If it erupts from Its opened con- pally for car use may be stored in or increased capacity to react to subsequent tainer at a temperature of 130' F. or less around dwelling places. The term does exposures of the offending agent. Subse- after having been held in the closed not include industrial supplies that might quent exposures may therefore produce container at 1300 F. for 2 days. be taken into a home by a serviceman. severe reactions with little correlation (D) If It comprises the contents of a An article labeled as, and marketed solely to the amounts of excitant involved. A self-pressurized container. for, industrial use does not become sub- "photodynamic sensitizer" is a substance (ii) "Substantial personal injury or ill- Ject to this act because of the piossibility that causes an alteration in the skin or ness" means any injury or illness of a that an industrial worker may take a mucous membranes in general or to the significant nature. It need not be severe supply for his own use. Size of unit or skin or mucous membrane at the site of or serious. What is excluded by the word container is not the only index of contact so that when these areas are "substantial" is a wholly Insignificant whether the article is suitable for use in subsequently exposed to ordinary sun- or negligible injury or Illness. or around the household; the test shall light (or equivalent radiant energy) an be whether under any reasonably fore- inflammatory reaction (iI) , "Proximate result" means a re- seeable condition of purchase, storage, or will develop. sult that follows in the course of events (6) The following definitions are sup- use the article may be found in or around without an unforeseeable, intervening, a dwelling. plementary to the definitions of "ex- independent cause. tremely flammable" and "flammable" in (i1) "Conspicuously" in section 2 (p) (1) (iv) "Reasonably foreseeable handling of the act and 'prominently" and "con- section 2(1) of the act or are in response or use" includes to certain provisions of section 2(1) re- the reasonably foresee- spicuous" in section 2(p) (2) of the act garding the flammability of solids and able accidental handlingor use, not only mean that, under customary conditions of the contents of self-pressurized con- by the purchaser or intended user of the of purchase, storage, and use, the re- tainers (section 2(1) is restated in para- product, but by all others in a household, quired information shall be visible, no- graph (b) (10) of this section): especially children. ticeable, and in clear and legible English. (i)"Extremely flammable" means any (8) The definition of "radioactive sub- Some factors affecting a warning's prom- substance that has a flashpoint at or stance" In section 2(m) of the act (re- inence and conspicuousness are: Loca- below 20' F. as determined by the method stated in paragraph (b) (11) of this sec- tion. size of type, and contrast of printing tion) is supplemented by the following: against background. Also bearing on the described in § 1500.43. "Radioactive (ii) 'Flammable" means any substance substance" means a sub- effectiveness of a warning might be the stance which, because of nuclear insta- effect of the package contents if spilled that has a flashpoint of' above 20" F., bility, emits electromagnetic and/or par- on the label. to and includfng 80" F., as determined by ticulate radiation capable of producing - the method described in § 1500.43. ions in its passage throiqgh matter. § 1500.4 Humnn experience with haz- (iII) "Extremely flammable solid" Source materials, special nuclear mate- ardous substances. means a solid substance that Ignites and rial, and byproduct materials described (a) Reliable data on human experience burns at an ambient temperature of 80' in section 2(f) (3) of the act are exempt. with any substance should be taken into

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 27016 RULES AND REGULATIONS account In determining whether an ar- warnings, registration or Identification percent or more by weight of tolueno ticle Is a "hazardous substance" within numbers, disclosure of hazards, antidote (also known as toluol), xylene (also the meaning of the act. When such data information, ingredient statements, and known as xylol), or petroleum distillates give reliable results different from re- other similar labeling requirements. such as kerosene, mineral seal oil, naph- sults with animal data, the human ex- (d) Federal preemption does not ap- tha, gasoline, mineral spirits, stoddard perience takes precedence. ply to a State or local -ban on a house- solvent, and related petroleum distillates. (b) Experience may show that an ar- hold product. (4) Methyl alcohol (methanol) and ticle is more or less toxic, Irritant, or (e) Whenever a State or local Juris- mixtures containing 4 percent or more by corrosive to man than to test animals. diction has reason to believe that addl- weight of methyl alcohol (methanol). It may show other factors that are im- tional or different precautionary label- (5) Turpentine (including gum tur- portant in determining the degree of ing should be required for household sub- pentine, gum spirits of turpentine, hazard 'to. humans represented by the stances and articles, it should petition steam-distilled wood turpentine, sulfate substance. For example, experience shows the Commission to promulgate an ap- wood. turpentine, and destructively dis- that radiator antifreeze is likely to be propriate nationwide regulation. Such tilled wood turpentine) and mixtures stored in the household or garage and petitions should be submitted to the containing 10 percent or More by weight likely to be ingested in significant quan- Secretary, Consumer Product Safety of suchturpentine. tites by some persons. It also shows that Commission, Washington, D.C. 20207. (b) The Commission finds that the fol- a particular substance In liquid form is The Conimission will expedite consider- lowing substances present special haz- more likely to be Ingested than the same ation of any such petition. ards and that, for these substances, the substance In a paste or a solid and that § 1500.12 Products declared to be haz- labeling required by section 2(p) (1) of an aerosol Is more likely to get into the ardous substances under section 3 (a) the act is not adequate for the protection eyes and the nasal passages than a liquid. of the act. of the public health. Under section 3(b) § 1500.5 Hazardous mixtures. (a) The Commission of the act, the following specific label finds that the statements are deemed necessary to For a mixture of substances, the deter- following articles are hazardous sub- stances supplement the labeling required by sec- mination of whether the mixture is a within the meaning of the act tion 2(p) (1) of the act: "hazardous substance" as defined by sec- because they are capable of causing sub- tion 2(f) of the act (repeated in § 1500.- stantial personal injury or substantial (1) Diethylene glycol. Because dlethyl- 3 (b) (4)) should be based on the physical, Illness during or as a proximate result of ene glycol and mixtures containing 10 chemical, and pharmacological charac- any customary or reasonably foreseeable percent or more by weight of diethylene teristics bf the mixture. A mixture of sub- handling or use: glycol are commonly marketed, stored, stances may therefore be less hazardous (1) Charcoal briquettes and other and used In a manner Increasing the pos- forms of charcoal in containers for re- sibility of accidental ingestion, such or more hazardous than its components products because of synergistic or antagonistic re- tail sale and intended for cooking or shall be labeled with the signal heating. word "warning" and the statement actions. It may not be-possible to reach "Harmful If swallowed." a fully satisfactory decision concerning § 1500.13 Listing of "strolg sensitizer" the toxic, Irritant, corrosive, flammable, substances. (2) Ethylene glycol. Because ethylene sensitizing, or pressure-generating prop- glycol and mixtures containing 10 per- erties of a substance from what is known On the basis of frequency of occur- cent or more by weight of ethylene glycol about its components or ingredients. The rence and severity of reaction Informa- are commonly marketed, stored, and mixture Itself should be tested. tion, the Commission finds that the fol- used in a manner increasing the pos- lowing substances have a significant po- sibility of aceidential ingestion, such § 1500.7 Federal preemption of State tential for causing hypersensitivity and products shall be labeled with the signal and local labeling requirements. therefore meet the definition for "strong word "warning" and the statement (a) Section 18(b) of the act provides sensitizer" in section 2(k) of the act (re- "Harmful or fatal If swallowed." that any law, regulation, or ordinance of peated in § 1500.3(b) (9) ): (3) Benzene, toluene, xylene, Petroleum the States and political subdivisions (a) Paraphenylenediamine and prod- distillates. (1) Because inhalation of the thereof purporting to establish a pre- ucts containing it. vapors of products containing 5 percent cautionary labeling requirement for any (b) Powdered orris root and products or more by weight of benzene may cause substance or article intended or suitable containing it. blood dyscraslas, such products shall be for household use which differs from the (c)Epoxy resins systems containing labeled with the signal word "danger," requirements or exemptions of the act in any concentration ethylenediamine, the statement of hazard "Vapor harm- or the regulations or interpretations diethylenetriamine, and diglycidyl ethers ful," the word "poison," and the skull promulgated pursuant thereto shall be -of molecular weight of less than 200. and crossbones symbol. If the product null and void. The legislative history re- (d) Formaldehyde and products con- contains 10 percent or more by weight of veals that Congress intended by this pro- taining 1 percent or more of formalde- benzen6, It shall bear the additional vision to prevent a proliferation of differ- hyde. statement of hazard "Harmful or fatal ing labeling requirements for household (e)Oil -of bergamot and products if swallowed" and the additional state- products. containing 2 percent or more of oil of ments "If swallowed, do not Induce (b) Federal preemption applies (1) to bergamot. vomiting. Call physician immediately." household substances and articles re- § 1500.14 Products requiring special la- (11) Because products containing 10 quired to be labeled in accordance with beling under section 3 (b) of the act. percent or more by weight of toluene, the act and (2) to household substances xylene, (a)Human experience, as reported or any of the other substances and articles not required to be labeled in in listed in paragraph (a) (3) of this section accordance with the act because they (D the scientific literature and to the Poison Control Centers may be aspirated into the lungs, with re- are not "hazardous substances" as de- and the National Clear- sulting chemical pneumonltis, pneumo- fined by section 2(f) of the act (repeated ing House for Poison Control Centers, and opinions nia, and pulmonary edema, such prod- in §1500.3(b)(4)) or (ii) are exempt ok informed medical ex- ucts shall be labeled with the signal from labeling under a regulation promul- perts establish that the following sub- stances are hazardous: word "danger," the'statement of hazard gated by the Commission. Federal pre- "Harmful or fatal if swallowed," and emption applies to any nonuniform label- (1) Diethylene glycol and mixtures containing 10 percent the statements "If swallowed, do not in- ing requirement, regardless of whether it or more by weight duce vomiting. Call physician immedi- conflicts with or is incompatible with the of diethylene glycol. ately." Federal requirement. (2) Ethylene glycol and mixtures con- taining 10 percent (Ill) Because inhalation of the vapor of (c) Federal preemption applies to any or more by weight of products containing 10 percent or more labeling requirement intended to serve as ethylene glycol. by weight of toluene or xylene may cause or be a part of, or that is in the nature of, (3) Products containing 5 percent or systemic Injury, such products shall bear precautionary labeling. Precautionary more by weight of benzene (also known the statement of hazard "Vapor harm- labeling includes such information as as benzol) and products containing 10 fu" In addition to the statements pro-

FEDERAL REGISTER, -VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 27017

scribed in paragraph (b)(3) (1!) of this sonous gases formed when used to ex- quires use of such devices, is of a quantity section. tinguish flame or on contact with heat" no greater than required to control the (4) Methyl alcohol (methanol). Be- are required labeling. problem described, and Is where other cause death and blindness can result from (b) When substances are produced means ofcontrol are unavailable or the ingestion of methyl alcohol, the label that meet the definition of toxic In inadequate. for this substance and for mixtures con- § 1500.3 (c)(2), the signal word "Caution" (4) Iquid drain cleaners containing taining 4 percent or more by weight of or "Warning" and the statement of haz- 10 percent or more by weight of sodium this substance shall include the signal ard "Dangerous gas formed when used and/or potassium hydroxide; except that word "danger," the additional word "poi- to extinguish flame or on contact with this subparagraph shall not apply to such son," and the skull and crossbones sym- heat" are required labeling. liquid drain cleaners itpackaged in ac- bol. The statement of hazard shall in- (c)Regardless of whether paragraph cordance with a standard for special clude "Vapor harmful" and "Mlay be fa- (a) or (b) of this section applies, any packaging of such articles promulgated tal or cause blindness if swallowed." The substance or mixture of substances la- under the Poison Prevention Packaging label shall also bear the statement "Can- beled for use as a fire extinguisher that, Act of 1970 (Pub. . 91-601, 84 Stat. 1670- not be made nonpoisonous." if applied to an electrical fire, would 74 (15 U.S.C.1471-76)). (5) Turpentine. Because turpentine subject the user to the likelihood of elec- (5) Products containing soluble cya- (including. gum turpentine, gum spirits trical shock shall be conspicuously la- nide salts, excluding unavoidable manu- of turpentine, steam-distilled wood tur- beled "Caution: Do not use on electrical facturing residues of cyanide salts in pentine, sulfate wood turpentine, and de- wires." other chemicals that under reasonable structively distilled wood turpentine) and d) The statements specified in para- and foreseeable conditions of use will not products containing 10 percent or more graphs (a), (b), and (c)of this section result in a. concentration of cyanide by weight of such turpentine, in addi- shall be in addition to any other that greater than 25 parts per million. tion to oral toxicity resulting in systemic may be required under the act. All such (6)(1) Any paint or other similar poisoning, may be aspirated into the substances or mixtures of substances surface-coating material intended, or lungs with resulting chemical pneumoni- shall also bear the additional statements packaged in a form suitable, for use in. tis, pneumonia, and pulmonary edema, "Use in an enclosed place may be fatal" or around the household that: such products shall be labeled with the and "Do not enter area until well venti- (A) Is shipped in interstate commerce signal word "danger" and the statement lated and all odor of chemical has after December 31, 1973, and contains of hazard 'Harmful or fatal if swal- disappeared." lead compounds of which the lead con- tent (calculated as the metal) is in excess lowed." § 1500.17 Banned hazardous substances. (6) Charcoal.Charcoal briquettes and of 0.06 percent of the total weight of the other forms of charcoal in containers (a) Under the authority of section contained solids or dried paint film; or - for retail sale and intended for cooking 2(q) (1)(B) of the act, the Commssion (B) Is shipped in interstate commerce or heating. declares as banned hazardous substances between December 31, 1972, and Decem- the (i)- Because inhalation following articles because they ber 31, 1973, and contains lead com- of the carbon possess such a degree or nature of hazard pounds of which the lead content (calcu- monoxide produced by burning charcoal that adequate lated as the metal) is In excess of 0.5 Indoors or in confined areas may cautionary labeling can- cause not be written and the public health and Percent of the total weight of the con- serious injury or death, containers of safety can be served only tained solids or dried paint film. such products by keeping such shall bear the following articles out of interstate commerce: (it) Any toy or other article intended borderlined statement: (1)Mixtures that are Intended pri- for use by children that: marily for application to interior ma- (A) Is shipped in interstate commerce WARNING: Do Not Use for Indoor sonry walls, floors, etc., as a water repel-. after December 31, 1973, and bears any Heating or Cooking Unless Ventilation lant treatment and that are "extremely paint or other similar surface-coating Is Provided for Exhausting Fumes to flammable" within the meaning of sec- material containing lead compounds of Outside. Toxic Fumes may Accumulate tion 2(1) of and Cause Death. the act (repeated in which the lead content (calculated as the § 1500.3(b) (10)). metal) is in excess of 0.06 percent of the (2) Carbon tetrachioride and mixtures total weight of the contained solids or (i) For bags of charcoal the state- containing It (including carbon tetra- dried paintfllm; or ment specified in subdivision (i)of this chloride and mixtures containing it used (B) Is shipped in interstate commerce subparagraph shall appear within a in fire extinguishers), excluding un- between December 31, 1972, and Decem- heavy borderline in a color sharply con- avoidable manufacturing residues of car- ber 31,1973, and bears any paint or other trasting to that of the background, on bon tetrachloride inother chemicals that similar surface-coating material contain- both front and back panels in the upper under reasonably foreseeable conditions ing lead compounds of which the lead 25 percent of the panels of the bag at of use do not result in an atmospheric content (calculated as the metal) is in least 2 inches below the seath, and at concentration of carbon tetrachloride excess of 0.5 percent of the total weight least 1 inch above any reading material greater than 10 parts per million. of the contained solids or dried paint or design elements in type size as fol- (3) Fireworks devices intended to pro- film. lows: The signal word "WARNING" shall duce audible effects (including but not Nor.-Me effectivo date of paragraphs (a) appear in capital letters at least three- limited to cherry bombs, 2-80 salutes, (6) (1) (A) and (a) (6) (1) (A) were stayed eighths inch in height; the remaining silver salutes, and other large fire- by an order publzbed in the F=-zusz nzc- text of the warning statement shall be crackers, aerial bombs, and other fire- Is= of August 10, 1972 (37 FR 16078). printed in letters at -least three-six- works designed to produce audible effects, (7) General-use containing in height. and including kits and components garments teenths inch n- asbestos (other than garments having a § 1500.1& Labeling -of fire extinguish- tended to produce such fireworks) if the bona fide application for personal pro- audible effect is produced by a charge of ers. tection against thermal injury and so more than 2 grains of pyrotechnic com- constructed that the asbestos fibers will When a substance or mixture of sub- position; except that this provision shall not become airborne under reasonably stances labeled for use in or as a fire ex- not apply to such fireworks devices if all foreseeable conditions of use). tinguisher produces substances that are of the following conditions are met: toxic within the meaning of § 1500.3(c) (Sec. 701 (e), (f), (g), 52 Stat. 1055, as (i)Such fireworks devices are distrib- amended (21 U.S.C. 371 (e), (f), (g)).) (d)and (2) when used according to la- uted to farmers, ranchers, or growers bel directions to extinguish a fire, the through a wildlife management program § 1500.18 Banned toys and other banned containers for such substances shall bear administered by the U.S. Department of articles intended for use by children. the following labeling: the Interior (or by equivalent State or (a) Toys and other children's articles (a) When substances are produced local government agencies) ; and presenting mechanical hazards. Under that meet the definition of highly toxic (ii) Such distribution Is in response to the authority of section 2(f) (1) (D) of in §1500.3(c) (1), the signal word "Dan- a written application describing the the act and pursuant to provisions of sec- ger" and the statement of hazard "Pol- wildlife management problem that re- tion 3(e) of the act, the Commission has

FEDERAL REGISTER, VOL 38, NO. 187-THUSDAY, SEPTEMBER 27, 1973 27018 RULES AND REGULATIONS determined that the following types of finger, toe, or any other part of the anat- (1) Any electrically operated toy or toys or other articles intended for use by. omy to be Inserted, In whole-or In part, other electrically operated articlo in- children present a mechanical hazard and injured by being caught between the tended for use by children (as defined In within the meaning of section 2(s) of the coils of the spring or between the spring § 1505.1(a) (1)) that is introauced into act because in normal use, or when sub- and another part of the article. interstate commerce and which does not jected to reasonably foreseeable damage (iv) Holes in plates or tubes which comply with the requirements of Part or abuse, the design or manufacture pre- provide the possibility of Insertion, in 1505 of this chapter. sents an unreasonable risk of personal whole or in part, of a finger, toe, or any No.---Paragraph (b) (1) was originally pro- injury or illness: part of the anatomy that could then be mulgated as 21 CFR 191.a(b)(1) with an (1) Any toy rattle containing, either injured by the movement of another part effective date of September 3, 1973 (30 VR internally or externally, rigid wires,- of the article. 6138). sharp protrusions, or loose small objects (v) Design and construction that per- that have the potential for causing lac- mits accidental collapse while in use. § 1500.40 Medhod of testing toxic sub. erations, puncture wound injury, aspira- (7) Toys usually known as clacker balls stances. tion, ngestion, or other Injury. and consisting.of two balls of plastic or The method of testing the toxic sub- (2) Any toy having nolsemaking com- another material connected by a length stances referred to in § 1500.3(c) (1) (i) ponents or attachments capable of being of line or cord or similar connector (re- (C) and (2) (i) isas follows: dislodged by the operating features of the ferred to as "cord" in § 1500.86(a) (5)), (a) Acute dermal toxicity (single ex- toy or capable of being deliberately re- intended to be operated in a rhythmic posure). In the acute exposures, tho moved by a child, which toy has the po- manner by an upward and downward agent is held in contact with the skin tential for causing laceration, puncture motion of the hand so that the two balls by means of a sleeve for periods varying wound injury, aspiration, inkestion, or will meet forcefully at the top and bet- up to 24 hours. The sleeve, made of rub- other injury. tom of two semicircles thus causing a ber dam or other impervious material, is (3) Any doll, stuffed animal, or other "clacking" sound, which toys present a so constructed that the ends are rein- similar toy having internal or external mechanical hazard because their design forced with additional strips and should components that have the potential for or manufacture presents an unreason- fit snugly around the trunk of the ani- causing laceration, puncture wound in- able risk of personal injury from frac- mal. The ends of the sleeve are tucked, jury, or similar injury. ture, fragmentations, or disassembly of permitting the central portion to "bal- (4) Lawn darts and other similar the toy and from propulsion of the toy loon" and furnish a reservoir for the sharp-pointed toys usually intended for or its part(s). dose. The reservoir must have sufficient outdoor use andhaving the potential for .(b)" Electrically operated toys and capacity to contain the dose without causing puncture wound injury. other electrical operated children's arti- pressure. In the following table are given (5) Caps (paper or plastic) intended cles presenting electridal, thermal, and/ the dimensions of sleeves and the ap- for use with toy guns and toy guns not or certain mechanical hazards. Under proximate body surface exposed to the intended for use with caps if such caps the authority of section 2(f) (1) (D) of test substance. The sleeves may vary in when so used or such toy guns produce the act and pursuant to provisions of size to accommodate smaller or larger Impulse-type sound at a peak pressure section 3 (e) of the act, the Commission subjects. In the testing of unctuous ma- leved at or above 138 decibels, referred to has determined that the following types terials that adhere readily to the skin, 0.0002 dyne per square centimeter, when of electrically operated toys or other mesh wire screen may be employed in- measured in an anechoic chamber at a electrically operated articles intended for stead of the sleeve. The screen Is padded distance of 25 centimeters (or the dis- use by children present electrical, ther- and raised approximately 2 centimeters tance at which the sound source ordi- mal, and/or certain mechanical hazards from the exposed skin. In the case of dry narily would be from the ear of the child within the meaning of section 2 (r), (s), powder preparations, the skin and sub- using it if such distance is less than 25 and/or (t) of the act because in normal stance are moistened with physiological centimeters) in any direction from the use or when subjected to reasonably fore- saline 'prior to exposure. The sleeve or ource of the sound. This subparagraph is seeable damage or abuse, the design or screen Is then slipped over the gauze that an interim regulation pending further in- manufactilre may cause personal injury holds the dose applied vestigation to determine whether preven- or illness- by electric shock and/or pre- to the skin. In the tion of damage to the hearing of children sents an unreasonable risk of personal case of finely divided powders, the meas- requires revision hereof. injury or illness because of heat as from ured dose Is evenly distributed on cot- (6) Any article -known as a "baby- heated parts, substances, or surfaces, or ton gauze which s then secured to the bouncer." .walker-jumper," or "baby- because of certain mechanical hazards: area of exposure. walker" and any other similar article (referred to in this subparagraph as DmEssoNs o SLEVES Fo AcuTE DERMAL To'UTY TSr "article(s) '?) which is intended to sup- iTest anmal-Rabbit] port very young children while sitting, walking, bouncing, jumping, and/or re- feaurements In centimeters Range of-weight of Average area of expo- Averafo prcentaro of animals (grams) sure (square centi- total body surface clining, and which because of its design Diameter has any exposed parts capable of causing at ends Overafllengii meters) amputation,-crushing, lacerations, frac- tures, hematomas, bruises, or other in- 7.0 12.5 2,500--3,500 240 10.7 juries to fingers, toes, or other parts of the anatomy of young children. Included (b) Preparation of test animal. The slight leakage from the sleeve, which among, but not limited to, the design animals are prepared by clipping the may occur during the first few hours of features of such articles which classify skin of the trunk free of hair. Approxi- exposure, It is collected and reapplied. the articles as banned hazardous sub- mately one-half of the animals are fur- Dosage levels are adjusted in subsequent stances are: ther prepared by making epidermal abra- exposures (if necessary) to enable a cal- (I) The areas about the point on each sions every 2 or 3 centimeters longitu- culation of a dose that would be fatal to side of the article where the frame com- dinally over the area of exposure. The SO percent of the animals. This can be ponents are Joined together to form an abrasions are sufficiently deep to pene- determined from mortality ratios ob- "X" shape capable of producing a scis-. trate the stratum corneum (horny layer tained at various doses employed. At the soring, shearing, or pinching effect. of the epidermis) but not to disturb the end of 24 hours the sleeves or screens (ii) Other areas where two or more derma; that is, not to obtain bleeding. are removed, the volume of unabsorbed parts are joined in such a manner as to (c) Proceduresfor testing. The sleeve material (if any) is measured, and the permit a rotational movement capable is slipped onto the animal which is then of exerting a scissoring, shearing, or plated in a comfortable but immobilized skin reactions are noted. The subjects pinching effect. position in a multiple animal holder. Se- are cleaned by thorough wiping, ob- (iII) Exposed coil springs which may lected doses of liquids and solutions are served for gross symptoms of poisoning, expand sufficiently to allow an infant's introduced under the sleeve. If there Is and then observed for 2 weeks.

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 27019

§ 1500.41 Mlethod of testing primary Odan reotlen 0 Un rlw may be washed with sodium chloride so- irritant substances. Man) valmi lution U.S.P. or equivalent after the 24- Primary irritation to the skin is hour reading. measured by a patch-test technique on Cb) (1) An snimal',hall be considered the abraded and intact skin of the al- Erythcmation:2 and eschar frrma as exhibiting a positive reaction if the bino rabbit, clipped free of hair. A min- test substance produces at any of the Do ...... V readings ulceration of the cornea (other imum of six subjects are used in abraded Abmded Ua- - 3 and intact skin tests. Introduce under a ...... than a fine stippling), or opacity of the square patch, such as surgical gauze cornea (other than a slight dulling of measuring 1 inch by 1 inch and two sin- Subtotal_...... _ ...... 8 the normal luster), or inflamation of gle layers thick, 0.5 milliliter (in the case Edema fnmtlon: the iris (other than a slight deepening Intat k .... Ci of the folds (or rugae) or a slight cir- of liquids) or 0.5 gram (in the case of Do. .2 1 solids and semisolids) of the test sub- Do ----...... i ..... 72 2 cumcorneal Injection of the blood ves- stance. Dissolve solids in an appropriate sels), or if such substance produces in the conjunctivae (excluding the cornea solvent and apply the solution as for Subtotal .... __ ...... 4 liquids. The animals are immobilized and iris) an obvious swelling with par- with patches secured in place by ad- 12 tial eversion of the lids or a diffuse hesive tape. The entire trunk of the ani- crimson-red with Individual vessels not mal is then wrapped with an impervious Thus, the primary irritation score Is easily discernible. material, such as rubberized cloth, for 12--4=3. (2) The test shall be considered posi- tive if four or more of the animals in the the 2 -f our period o exposure. Tnis ma- terial aids in maintaining the test § 1500.42 Test for ye irritant%. test group exhibit a positive reaction. If patches in position and retards the evap- (a) (1) Six albino rabbits are used for only one animal exhibits a positive re- oration of volatile substances. After 24 each test substance. Animal facilities action, the test shall be regarded as hours of exposure, the patches are re- for such procedures shall be to designed negative. If two or three animals ex- moved and the resulting reactions are and maintained as to exclude sawdus, hibit a positive reaction, the test is re- evaluated on the basis of the designated wood chips, or other extraneous ma- peated using a different group of six values in the following table: . terlals that might produce eye irritation. animals. The second test shall be con- Skin reaction ValueI Both eyes of each animal In the test sidered positive if three or more of the Erythema and eschar formation: group shall be examined before testing, anilmal exhibit a positive reaction. if No eryt em,_...... ------o and only those animals without eye de- only one or two nimals in the second Very slight erythema (barely percep- fects or irritation shall be used. The test exhibit a positive reaction, the test tible) ------1 animal is held firmly but gently until shall be repeated with a different group Well-defined erythema ------2 quiet. The test material Is placed in of six animal. Should a third test be Moderate to severe erythema------3 one eye of each animal by gently pulling needed, the substance will be regarded Severeslight erythemaeschar formations(beet redness) (injuries to the lower lid away frome the eyeball to as an irritant If any animal exhibits a in depth) frto nr form a cup into which the test substance Edema formation: is dropped. The lids are then gently held positive response. (c) To assist testing laboratories and No edema ...... 0 together for one second and the animal other Interested persons in interpreting Very slight edema (barely perceptible- 1 is released. The other eye, remaining un- the results obtained when a substance Slight edema (edges of area well de- treated, serves as a control. For testing Is tested in accordance with the method fined by definite raising) ------2 liquids, 0.1 mIlliliter Is used. For solids described in paragraph (a) of this sec- Moderate edema (raised approximately or pastes, 100 milgrams of the test sub- 1 millimeter) ------ste tion, an "Illustrated Guide for Grading Severe edema (raised more than I rll- stance is used, except that for substances Eye Irritation by Hazardous Substances" limeter and extending beyond the in flake, granule, powder, or other par- will be sold by the Superintendent of area of exposure) - ...... 4 ticulate form the amount that has a Documents, U.S. Government Printing 1 The "value" recorded for each reading Is volume of 0.1 mlltliter (after compact- Office, Washington, D.C. 20402. The guide the average value of the six or more animals Ing as much as possible without crushing will contain color plates depicting re- subject to the test. or altering the individual particles, such sponses of varying intensity to specific Rs by tapping the measuring container) test solutions. The grade of response and Readings are again mde at the end of shall be used whenever this volume the substance used to produce the re- a total of 72 hours (48 hours after the weighs less than 100 milligrams. In such sponse will be indicated. first reading). An equal number of ex- a case, the weight of the 0.1 milliter test § 1500.43 Method of test for flasbpoint posures are made on areas of skin that dose should be recorded. The eyes are of volatile flammable materials by have been previously abraded. The abra- not washed following Instillation of test Taglialue open-cup apparatus. sions are minor incisions through the material except as noted below. scora stratum corneum, but not sufficiently (2) The eyes are examined and the 1. (a) Thi methcd describes a test pro- deep to disturb the derma or to produce grade of ocular reaction is recorded at ceduro for the determination of open-cup bleeding. Evaluate the reactions of the 24, 48, and 72 hours. Reading of reac- flshipolnts of volatile flammable- materiLs abraded skin at 24 hours and 72 hours, tions is facilitated by use of a binocular having fl'ohpolnta belo' 175* P. Add the loupe, hand silt-lamp, or other expert (b) This method. when applied to paints as described in this paragraph. and renin colutiona which tend to i over for erythema and eschar forma- means. After the recording of observa- values tions at 24 hours, any or all eyes may be or which are very viscous, gives les- repro- tion at 24 hours and at 72 hours for in- further examined after applying fluores- ducible results than when applied to solvents. tact skin to the values on abraded skin cein. For this optional test, one drop of OurLmn: or l.XsruoD at 24 hours and at 72 hours (four values). fluorescein sodium ophthalmic solution 2. The sample I- placed In the cup of a Similarly, add the values for edema U.S.P. or equivalent is dropped directly Tag Open Tester, and .heated at a slow but oonstant rate. A small test flame I- paszed formation at 24 hours and at 72 hours for on the cornea. After flushing out the at a uniform rate across the cup at specified intact and abraded skin (four values), excess flourescein with sodium chloride Intervals. The flashpolnt Is taken as the solution U.S P. or equivalent, Injured lowet temperature at which application of The total of the eight values is divided areas of the cornea appear yellow; this is the teot flamo causes the vapor at the sur- by four to give the primary irritation best visualized in a darkened room under face of the liquid to flash, that Is, Ignite but score; for example: ultraviolet illumination. Any or all eyes not continue to burn.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 No. 187-Pt. UI-2 27020 RULES AND REGULATIONS

APPARATUS of the cup on a diameter at right angles to the guide wire, or on a diameter passing 3. The Tag open-cup tester s Illustrated In through the center of the cup and the pivot Pig. 1. It consists of the following parts, of the taper. Place so that the bottom of which must conform to the dimensions the bulb Is %-Inch from the Inner bottom shown, and have the additional characteris- surface of the cup. If the old Tagliabue tics as noted: thermometer Is used, immerse to well cover (a) Copper bath, preferably equipped with the mercury bulb, but not the wide body a constant level overflow so placed as to of the thermometer. maintain the bath liquid level % inch below (d) Fill the glass cup with the sample the rim of the glacs cup. liquid to a depth just 2-inch below the (b) Thermometer holder. Support firmly edge, as determined by the leveling device. with ringatand and clamp. Place the guide wire or swivel device Thermometer. For flashpoints above (e) (c) and set the draft shield around F., use the ASTM Tag Closed Tester in position, 40' tester so that the sides form right angles range of +20 to +230* F., in the Thermometer, each other and the tester is well to- F. divisions, and conforming to thermom- with 1 ward the back of the shield. eter 9F. of ASTM Standard E 1. For flash- points from 20' F. to 40' F., use ASTM Tag (f) If a guide wire s used, the taper, Closed Tester, Low Range, Thermometer 5F. when passed, should rest lightly on the wire, For flashpoints below 20' F., use ASTM Ther- with the end of the jet burner just clear of mometer 33P. The original Tag Open-Cup the edge of the guide wire. If the swivel- and verti- (Paper Scale) Thermometer will be a permis- type holder is used, the horizontal sible alternate until January 1, 1962. It is cal positions of the jet are so adjusted that of a cir- calibrated to -20' P . the jet passes on the circumference (d) Glass test cup. Glass test cup (Fig. cle, having a radius of at least'6 inches, 2), of molded clear glass, annealed, heat-re- across the center of the cup at right angles through the ther- sistant, and free from surface defects. to the diameter passing in a plane %-inch above the (e) Leveling device. Leveling ddvice or mometer, and The taper should be guide, for proper adjustment of the liquid upper edge of the cup. in the "off" position, at one end or the in the cup (Fig. 3). This shall be made kept level swing, except when the flame of No. 18-gage polished aluminum, with a other of the is applied. projection for adjusting the liquid level when the sample is added to exactly -inch be- (g) Light tie ignition flame and adjust low the level of the edge or rim of the cup. it to form a flame of spherical form match- (f) "Micro," or small gas burner of suita- ing in size the %2-inch sphere on the ble dimensions for heating the bath. A apparatus. screw clamp may be used to help regulate the (h) Adjust heater source under bath so gas. A small electric heater may be used. that the temperature of the sample increases FIGuE 1--Tag open-aup flash tester. (g) Ignition taper, which is a small at a rate of 2 ±0.5* F. per minute. With straight, blow-pipe type gas burner. The viscous materials this rate of heating can- test flame torch prescribed in the method of not always be obtained. test for flash and fire points by Cleveland iIrNALTEZT Open Cup (ASTM designation: D 92) is satisfactory. 5. Determine an approximate flashpoint by (h) Alternative methods for maintaining passing the taper flame across the sample at the Ignition taper in a fixed horizontal plane intervals of 2* F. Each pass must be in above the liquid may be used, as follows: one direction only. The time required. to (1) Guide wire, %2-Inch in diameter and pass the Ignition flame across the surface of 3% inches in length, with a right-angle bend the sample should be 1 second. Remove -inch from each end. This wire is placed bubbles from the surface of the sample liquid snugly in holes drilled in the rim of the before starting a determination. Meticulous bath, so that the guide wire is %-inch -from attention to all details relating to the taper, the center of the cup and resting on the size of taper flame, and rate of passing the rim of the cup. taper is necessary for. good results. When (2) Swivel-type taper holder, such as is determining the flashpont of viscous liquids used in ASTM METHOD D 92. The height and those liquids that tend to form a film of and position of the taper are fixed by ad- polymer, etc., on the surface, the surface justing the holder on a suitable ringstand film should be disturbed mechanically each support adjacent to the flash cup. time before the taper flame is passed. shield, consisting of two rectan- (1) Draft REcoRzE Tzsrs gular sheets of noncombustible material, 24 inches x 28 inches, are fastened together 6. Repeat the procedure by cooling a fresh along the 28-inch side, preferably by hinges. portion of the sample, the glass cup, the bath A triangular sheet, 24 inches x 24 inches x 34 solution, and the thermometer at least 20* F. inches is fastened by hinges to one of the below the approximate flashpoint. Resume lateral sheets (to form a top when shield is heating, and pass the taper flame across open). The interior of the draft shield shall the sample at two intervals of 5* F. and then be painted a flat black. at intervals of 2* F. until the flashpoint PROCEDURE occurs. IGURE 2-Gla3S test cup. 4. (a) Place the tester on a solid table REPORTZnIG DATA free of per- free of vibration, in a location 7. The average of not less than three re- ceptible draft, and in a dim light. corded tests, other than the initial test, shall Run water, brine, or water-glycol sol 1- (b) be used in determining the flashpoint and tion into t] e bath to a predetermined level, flammability of the substance. which will fill the bath to -inch below the top when the cup is in place. An overflow ST NDARDIZATION is permissible for water-level control. FIGa 3-Leveling device or adjusting (c) Firmly support the thermometer verti- 8. (a) Make determinations in triplicate liquid level in test cup. cally halfway between the center and edge on the flashpoint of standard paraxylene and

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 27021 of standard Isopropy alcohol which meet the support It by means of metal rngstands, § 1500.47 Method for determining the following specifications: clamps, rings, or other suitable devices sound pressure level produced by toy (i) Speciflcations for p-zylene, flasltpoint as needed, so that the major caps. check grade. p-Xylene shall conform to the axis is following requirements: oriented horizontally and the maximum (a) Equipment required. The equip- ° ° surface is freely exposed to the atmos- ment for the test includes a microphone, Specific gravity: 15.56 C./15.56 C., 0.860 phere. minimum, 0.866 maximum. a preamplifier (if required), and an Bpfling range: 2* C. maximum from start to (b) Procedure. Place the prepared ozllloscope. dry point when tested in accordance with sample In a draft-free area that can be (1) The mlcrophone-preamplifer sys- the-method of test for distillation of in- ventilated and cleared after each test. tem shall have a free-field response uni- dustrial aromatic hydrocarbons (ASTM The temperature of the sample at the form to within ±2 decibels from 50 hertz designation: D 850), or the method of test time of testing shall be between 680 F. to 70 kilohertz or beyond and a dynamic for distillation range of lacquer solvents and 86* F. Hold a burning paraffin can- range covering the interval 70 to 169 and dlhlents (ASTM designation: D 1078). dle whose diameter Is at least 1 inch, so The range shall Include the boiling point decibels relative to 20 micronewtons per of pure p-xylene, which Is 138.35 C. that the flame is in contact with the square meter. Depending on the model, (281.03- F.). surface of the sample at the end of the the microphone shall be used at normal Purity: 95 ,ercent minimum, calculated in major axis for 5 seconds or until the or at grazing incidence, whichever gives accordance with the--method of test for- sample Ignites, whichever is less Re- the most uniform free-field response. determination of purity from freezing move the candle. By means of a stop- The microphone shall be calibrated both points of high-purity compounds (ASTM watch, determine the time of combus- before and after the test of a model of designation: D 1016). rom the experimen- tion with self-sustained flame. Do not cap. The calibration shall be accurate to tally determined freezing point, measured e.xceed 60 seconds. Extinguish flame by the method of test for measurement of within ±1 decibel. If the calibration is freezing points of high-purity compounds with a CO. or similar nondestructive of the pressure type or of the piston- for evaluation of purity (ASTM designa- type extinguisher. Measure the dimen- phone plus electrostatic actuator type, it tion: D 1015). sions of the burnt area and calculate the shall be corrected to free-field conditions rate of burning along the (ii) Speciftcations for isopropanol, ftash- major axis of In accordance with the manufacturer's point check grade. Isopropanol shall con- the sample. instructions. form to the following requirements: § 1500.45 Method for determining ex- (2) The oscilloscope shall be the stor- Specific gravity: 0.8175 to 0.8185 at 20° C./ tremely flammable and flammable age type or one equipped with a camera. 20' C. as determined by means of a cali- contents of self-pressurized contain- It shall have a response uniform to brated pycnometer. ers. within ±1 decibel from 50 hertz to 250 Distillation range: Shall entirely distill kilohertz or higher. It shall be calibrated (a) Equipment required. The test within a 1.0' C. range° which shall include to within ±1 decibel against an external the temperature 80.4 C. as determined by equipment consists of a base 8 inches voltage source periodically during the ASThf method D 1078. wide, 2 feet long, marked In 6-inch In- tests. tervals. A rule 2 feet long and marked ,Average these values for each compound. (b) Procedure. (1) Use the type pistol If the difference between the values for in inches is supported horizontally on that would ordinarily be used with the these two compounds is less than 15 ° P. the side of the base and about 6 inches caps being tested. Place the pistol and (8.50 C.) or more than 27' F. (16* C.), repeat above it. A paraffin candle 1 Inch or testing equipment so that neither the the determinations or obtain fresh standards -more In diameter, and of such height pistol nor the microphone is closer than (b) Calculate a correction factor as that.the top third of the flame is at the follows: 1 meter from any wall, floor, ceiling, or height of the horizontal rule, is placed other large obstruction. Locate the pistol X=92-A at the zero point In the base. and the microphone In the same hori- Y=71-B (b) Procedure. The test is conducted zontal plane with a distance of 25 centi- In a draft-free area that can be venti- meters between the diaphragm of the Correction= lated and cleared after each test. Place microphone and the position of the ex- 2 the self-pressurized container 'Where: at a dis- plosive. Measure the peak sound pressure A = Observed flash of p-xylene, and tance of 6 inches from the flame source. level at each of the six designated orien- B =Observed flash of sopropyl alcohol. Spray for periods of 15 seconds to 20 tations of the pistol with respect to the seconds (one observer noting the exten- Apply this correction of all determinations. measuring microphone. The 0' orienta- Half units In correction shall be discarded. sion of the flame and the other oper- tion corresponds to the muzzle of the ating the container) through the top pistol pointing at the microphone. The PRECISION third of the flame and at a right angle 900, 18W° , and 270' orientations are meas- 9. (a) For hydrocarbon solvents having to the flame. The height of the fame ured in a clockwise direction when look- flashponts between 60' P. and 110' P., re- should be approximately 2 inches. Take ing down on the pistol with its barrel peatability Is - F. and the reproducibility three readings for each test, and aver- ° horizontal, as illustrated by the following is.5 F. age. As a precaution do not spray large figure: (b) If results from two tests differ by quantities In a small, confined space. more than 10' F., they shall be considered Iree space of previously discharged 0 uncertain and should be checked. The cali- material. bration procedure provided n this method will cancel out the effect of barometric pres- § 1500.46 Method for determining flads- sure If calibration and tests are run at the point of extremely flammable con- same pressure. Data supporting the preci- tents of self-presurized containers. -900 sion are given in Appendix III of the 1956 2700 Report of Committee D-1 on Paint, Varnish, The apparatus used In the Tagllabue Lacquers and Related Products, Proceedings. Open-Cup Flashpont Apparatus as de- Am. Soc. Testing Mats., VoL 56 (1956). scribed in § 1500.43. Some means such as § 1500.44 Method for determining ex- dry ice In an open container Is used to tremely flammable and flammable chill the pressurized container. The 1800 solids. container, the flash cup, and the bath solution of the apparatus (brine of glycol. (2) The hammer and trigger orienta- (a) Preparation of samples-(1) may be used) are chilled to a tempera- tions are obtained by rotating the pistol Granules, powders, and pastes. Pack the ture of about 25" P. below zero. The about the axis of the barrel, when the sample into a flat, rectangular metal chilled container is punctured to exhaust pistol is in the 90 or 270' orientation, so boat With inner dimensions 6 Inches long the propellant. The chilled formulation that the hammer and the trigger are x 1 Inch wide x one-fourth Inch deep. is transferred to the test apparatus and each respectively closest to and In (2) Rigid and pliable solids. Meas- tested In accordance with the method de- the same horizontal plane with the ure the dimensions of the sample and scribed In § 1500.43. microphone.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 27022 RULES AND REGULATIONS , (3) Fire 10 shots at each of tee six under the act because of the size of the (3) Paper items such as newspapers, orientations, obtaining readings on the package or because of the minor hazard wrapping papers, toilet and cleansing oscilloscope of the maximum peak volt- presented by the substance or for other tissues, and paper writing supplies are age for each shot. Average the results good and sufficient reason. If the Com- exempt from the labeling requirements of the 10 firings for each of the six mission so finds, it shall detail the of section 2(p) (1) of the act (repeated In orientations. exemption granted and the reasons § 1500.3(b) (14) (1)) insofar as they apply (4) Using the orientation that yields therefor by an appropriate order in the to the products being considered hazard- the highest average value, convert the FEDERAL REGISTER. ous because of being "flammable" or value to sound pressure levels in decibels (c) Any person who believes a partic- "extremely flammable" as defined In relative to 20 micronewtons per square ular article should be exempted from be- § 1500.3(c) (6) (Ii) and (iv). meter using the response to the cali- ing classified as a "banned hazardous (4) Thread, string, twine, rope, cord, brated measuring microphone. substance" as defined by section 2(q) (1) and similar materials are exempt from the labeling requirements of section 2 § 1500.81 Exemptions for food, drugs, (A) of the act (repeated in § 1500.3(b) cosmetics, and fuels. (15) (i) (A)), because its functional pur- (p) (1) of the act (repeated In .§ 1500.3 pose requires inclusion of a hazardous (b) (14) (1)) insofar as they apply to the (a) Food, drugs, and cosmetics. Sub- substance, it bears labeling giving ade- products being considered hazardous be- stances subject to the Federal Food, quate directions and warnings for safe cause of being "flammable" or "ex- Drug, and Cosmetic Act are exempted use, and .it is intended for use by chil- tremely flammable" as defined in § 1500.- by section 2(f) (2) of the act; but where dren who have attained sufficient ma- 3(c) (6) (i1) and (iv). a food, drug, or cosmetic offers a sub- turity, and may reasonably be expected, (5) Laboratory chemicals Intended stantial risk of injury or illness from any to read and heed such directions and only for research or Investigational and handling or use that is customary or- warnings, may submit to the Commission other laboratory uses (except those In usual It may be regarded as misbranded a request for exemption under section 2 home chemistry sets) are exempt from under the Federal Food, Drug, and Cos- (q) (1) (B) (I) of the act (repeated in pro- the requirements of placement provided metic Act because its label fails to reveal viso (1) under § 1500.3(b) (15) (1)), pre- In § 1500.121 if all Information required material facts with respect to conse- senting facts in support of his conten- by that section and the act appears with quences that may resUlt from use of the tion. The Commission shall determine on the required prominence on the label article (21 U.S.C. 321(n)) when its label the basis of the facts submitted, and all panel adjacent to the main panel. fails to bear information to alert the other available Information, whether the (6) Small-arms ammunition paqkaged householder to this hazard. requested exemption is consistent with in retail containers Is exempt from the (b) Fuels. A substance intended to the purposes of the act. If the Commis- labeling requirements of section 2(p) (1) be used as a fuel is exempt from the re- sion so finds, it shall detail the exemp- of the act (repeated In § 1500.3(b) (14) quirements of the act when in contain- tion granted and the reasons therefor by (I)) if such containers' labels bear the ers that are intended to be or are in- an appropriate order in the FEDERAL following: stalled as part of the heating, cooling, or REGISTER. (I) The common or usual name of the refrigeration system of a house. A port- ammunition in the container; (d) On its own initiative, the Commis- (]i) The able container used for delivery or tem- sion may determine on the basis of avail- statement "Warning-Keep porary or additional storage, and con- able facts that a particular banned haz- out of the reach of children," or Its prac- taining a substances that is a hazardous ardous substance should be exempted tical equivalent; and substance as defined in section 2(f) of from section 2(q) (1) (A) of the act (re- (Iii) The name and place of business the act, is not exempt from the labeling peated in § 1500.3(b) (15) (i) (A)), be- of the manufacturer, .packer, seller, or prescribed in section 2(p) of the act, distributor. even though it contains a fuel to be used cause its functional purpose requires in- in the heating, cooking, or refrigeration clusion of a hazardous substance, it bears The term "ammunition" as used in this labeling giving adequate directions and subparagraph includes small-arms am- system of a house. warnings for safe use, and it is intended munition and loads for powder-actuated § 1500.82 Exemption from full labeling for use by children who have obtained tools in a form ready for use In a pistol, and other requirements. sufficient maturity, and may reasonably revolver, rifle, shotgun, or powder- (a) Any person who believes -a par- be expected, to read and heed such di- actuated tool, including blank cartridges ticular hazardous substance intended or rections and warnings. It the Commis- and shells. packaged in a form suitable for use in sion so finds, it shall detail the exemption (7) Rigid or semirigid ballpoint Ink the household or by children should be granted and teh ,reasons therefor by cartridges are exempt from the labeling exempted from full label compliance an appropriate order in the FEDERAL requirements of section 2(p) (1) of the otherwise applicable under the act, be- REGISTER. act (repeated In § 1500.3(b) (14) (1)), in- sofar as such requirements would be nec- cause of the size of the package or be- § 1500.83 Exemptions for small pack- cause of the minor hazard presented by - ages, mninor hazards, and special essary because the ink contained therein the substance, or for other good and suf- circumstances. is a "toxic" substance as defined in ficient reason, may submit to the Com- § 1500.3(c) (2) (1), If: mission a request for exemption under (a) The following exemptions are (I) The ballpoint ink cartridge is of Section 3(c) of the act, presenting facts granted for the labeling of hazardous such construction that the ink will, in support of the view that full compli- substances under the provisions of under any reasonably foreseeable condi- ance is impracticable or is not necessary § 1500.82: tions of manipulation or use, emerge only for the protection of the public health. (1) When the sole hazard from a sub- from the ballpoint end; The Commission shall determine on the stance in a self-pressurized container is (ii) When tested by the method de- basis of the facts submitted and all other that it generates pressure or when the scribed In § 1500.3(c) (2) (1), the ink does available Information whether the re- sole hazard from a substance is that it is not have an LD-50 single oral dose of quested exemption is consistent with ade- flammable or extremely flammable, the less than 500 milligrams per kilogram of quate protection of the public health and name of the component which contrib- body weight of the test animal; and safety. If the Commission so finds, it shall utes the hazardops need not be stated. (ill) The cartridge does not have a detail the exemption granted and the (2) Common matches, including book capacity of more than 2 grams of Ink. reasons therefor by an appropriate order matches, wooden matches, and so-called "safety" matches (8) Containers of paste shoe waxes, published in the FEDERAL REGISTER. are exempt from the paste auto waxes, and paste furniture (b) The Commission may on its own labeling requirements of section 2(p) (1) and floor waxes containing toluene (also initiative determine on the basis of facts of the act (repeated in § 1500.3(b) (14) known as toluol), xylene (also known as available to it that a particular hazard- (i) -insofar as they apply to the product xylol), petroleum distillates, and/or tur- ous substance intended or packaged in a being considered hazardous because of pentine in the concentrations described form suitable for use in the household or being "flammable" or "extremely flam- in § 1500.14(a) (3) and (5) are exempt by children should be exempted from full mable" as defined in § 1500.3(c) (6) (iii) from the labeling requirethents of labeling compliance otherwise applicable and (iv). § 1500.14(b) (3) (il) and (5) If the vis-

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 2-70-93

cosity of such products is sufficiently (12) Containers of dry Ink intended as such requirements would be necessary high so that they will not flow from their to be used as a liquid ink after the addi- because the salt contained therein is opened containers when inverted for 5 tion of water are exempt from the label- present in a quantity sufficient to render minutes at a temperature of 800 F., and ing requirements of section 2(p) (1) of the article "toxic" as defined in § 1500.3 are exempt from bearing a flammability the act (repeated in § 1500.3(b) (14) (1)) (3) (2) (1), provided that the labels of warning statement if the flammability and from the labeling requirements of such containers bear a conspicuous state- of such waxes is due solely to the pres- § 1500.14(b) (1) and (2) Insofar as such ment that the product contains salt. ence of solvents that have flashpoints requirements would be necesary because (17) The labeling of substances con- above 800 F.-when tested by the method the dried ink contained therein Is a toxic taining 10 percent or more of ferrous described in § 1500.43. substance as defined in § 1500.3(c) (2) (1) oxalate is exempt from the requirement (9) Porous-tip ink-marking devices and/or because the ink contains 10 per- of § 1500.129(f) that it bear the word are exempt from the labeling require- cent or more of ethylene glycol as de- "polson" which would be required for ments of section 2(p) (1) of the act (re- fined in § 1500.14(a) (2); provided that: such concentration of a salt of oxalic peated in § 1500.3(b) (14) (i)) and from (t)When tested by the method de- acid. the labeling requirements of § 1500.14 scribed in § 15C0.3(c) (2) (D,the dry Ink (18) Packages containing articles in- (b) (1), (2), and (3) (ii) and (iii) insofar concentrate does not have an LD-50 (le- tended as single-use spot removers, and as such requirements would be necessary thal dose, median; lethal for 50 percent which consist of a cotton pad or other because the ink contained therein Is a .or more of test group) single oral dose of absorbent material saturated with a toxic substance as defined in § 1500.3(c) less than 1 gram per kilogram of body mixture of drycleaning solvents, are ex- (2) Wi), and/or because the ink contains weight of the test animal empt from the labeling requirements of 10 percent or more by weight of toluene (ii)The dry ink concentrate enclosed section 2(p) (1) of the act (repeated In (also known as toluol), xylene (also in a single container does not weigh § 1500.3(b) (14) (W)) insofar as they ap- known as xylol), or petroleum distillates more than 75 milligrams. ply to the "flammable" hazard as defined as defined in § 1500.14(a) (3), and/or be- (il)The dry ink concentrate does not in § 1500.3(c) (6) (iv), provided that: cause the ink contains 10 percent or contain over 15 percent by weight of (I)The article is packaged in a sealed more by weight of ethylene glycol; pro- ethylene glycol. foll envelope; vided that: (13) Containers of liquid and semi- (I) The total amount of solvent in (i)The porous-tip Ink-marking de- solid substances such as viscous-type ench package does not exceed 4.5 milli- vices are of such construction that: paints, varnishes, lacquers, roof coatings, liters; and (A) The ink is held within the device rubber vulcanizing preparations, floor (ill) The article will Ignite only when by an absorbent material so that no free covering adhesives, glazing compounds, in contact with an open flame, and when liquid is within the device; and and other viscous products containing so Ignited, the article burns with a scoty (B) Under any reasonably foreseeable toluene (also known as toluol), zylene flame. conditions of manipulation and use, in- (also known as xylol), or petroleum dis- (19) Packages containing articles in- cluding reasonably foreseeable abuse by tillates in concentrations described in tended as single-use spot removers, and children, the ink will emerge only § 1500.14(a) (3) are exempt from the Ia- which consist of a cotton pad or other through the porous writing nib of the beling requirements of § 1500.14(b) (3) absorbent material containing methyl device; and (ii) insofar as that subdivision applies alcohol, are exempt from the labeling (ii) (A) The device has a capacity of to such toluene, xylene, or petroleum dis- requirements of § 1500.14(b) (4), if: not more than 10 grams of ink and the tillates, provided that the viscodty of (1)The total amount of cleaning sol- ink, when tested by methods described the substance or of any liquid that may vent in each package does not exceed in § 1500.3(c) (2) (i), has an ID-50 single separate or be present in the container 4.5 milliliters of which not more than 25 oral dose of not less than 2.5 grams per is not less than 100 Saybolt universal percent is methyl alcohol; and kilogram of boqy weight of the test ani- seconds at 1000 F. (ii) The liquid is completely held by mal; or (14) Customer-owned portable con- the absorbent materials so that no free (B) The device has a capacity of not tainers that are filled by retail vendors liquid Is within the packages marketed. more than 12 grams of ink and the ink, with gasoline, kerosene (kerosine), or (20) Cigarette lighters containing pe- when tested by methods described in other petroleum distillates are exempt troleum distillate fuel are exempt from § 1500.3(c) (2) (i), has an LD-50 single from the provision of section 2(p) (1) the labeling requirements of section 2(p) oral dose of not less than 3.0 grams per (A) of the act (which requires that the (1) of the act (repeated in § 1500.3(b) kilogram of body weight of the test name and place of business of the manu- (14) (i))and § 1500.14(b) (3) insofar as animal facturer, distributor, packer, or seller such requirements would be necessary (10) Viscous nitrocellulose-base ad- appear on the label of such contain- because the petroleum distillate con- hesives containing more than 4 percent ers) provided that all the other label tained therein is flammable and because methyl alcohol by weight are exempt statements required by section 2(p) (1) the substance Is named in § 1500.11(a) from the label statement "Cannot be of the act and §1500.14(b) (3) appear (3) as requiring special labeling, pro- be made nonpoisonous" required by on the labels of containers of the sub- vided that: § 1500.14(b) (4) if: stances named in this subparagraph. (I) Such lighters contain not more (i) The total amount of methyl alco- (15) Cellulose sponges are exempt than 10 cubic centimeters of fuel at the hol by weight in the product does not from the labeling requirements of sec- time of sale; and exceed 15 percent; and tion 2(p) (1) of the act and § 1500.14(b) (i) Such fuel is contained in a sealed (ii) The contents of any container (1) insofar as such requirements would compartment that cannot be opened does not exceed 2 fluid ounces. be necessary because they contain 10 without the deliberate removal of the (11) Packages containing polishing or percent or more of diethylene glycol as flush-set, screw-type refill plug of the cleaning products which consist of a car- defined in § 1500.14(a) (l), provided lighter. rier of solid particulate or fibrous com- that: (21) Containers of dry granular ferti- position and which contain toluene (also (i)The cellulose sponge does not con- lizers and dry granular plant foods are known as toluol), xylene (also known as tain over 15 percent by weight of dl- exempt from the labeling requirements xyloll, or petroleum distillates in the ethylene glycol; and of section 2(p) (1) of the act (repeated concentrations described in § 1500.14(a) (i) The diethylene glycol content is in §1500.3(b) (14)(1)) insofar as such (1) and (2) are exempt from the label- completely held by the absorbent cellu- requirements would be necessary be- ing requirements of § 1500.14(b) (3) (i lose material so that no free liquid Is cause the fertilizer or plant food con- if such toluene, xylene, or petroleum dis- within the sponge as marketed. tained therein is a toxic substance as tillate is fully absorbed by the solid, (16) Containers of substances which defined in § 1500.3(c) (2) (), provided semisolid, or fibrous carrier and cannot include salt (sodium chloride) as a com- that: be expressed therefrom with any rea- ponent are exempt from the labeling re- (U) When tested by the method de- sonably foreseeable conditions of quirements of section 2(p) (1) of the act scribed in § 1500.3(c) (2) (), the product manipulation. (repeated in § 1500.3(b) (14) (i))insofar has a single dose LD-50 of not less than

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 27024 RULES AND REGULATIONS

3.0 grams per kilogram of body weight of hazard as defined in § 1500.3(c) (7) (1), or its practical equivalent, and the name the test animal; provided that: and place of business of the manufac- (ii) The label of any such exempt dry (i) If the container is under pressure turer, packer, distributor, or seller. granular fertilizers discloses the identity both during storage and under conditions (27) Packaged fireworks assortments of each of the hazardous ingredients; of use, it shall be designed to withstand intended for retail distribution are ex- (ill) The label bears the name and a pressure of at least 6 times the charging empt from section 2 (p) (1) of the act (re- address of the manufacturer, packer, pressure at 70' F., except that carbon peated in § 1500.3(b) (14) (1)), If: distributor, or seller; and dioxide extinguishers shall be con- (I) The package contains only fire- (iv) The label bears the statement structed and tested in accordance with works devices suitable for use by the "Keep" out of the reach of children" or applicable Interstate Commerce Com- public and designed primarily to produce its practical equivalent. mission specifications; or visible effects by combustion, except that (22) Small plastic capsules containing (ii) If the container is under pressure small devices designed to produce audi- a paste composed of powdered metal only during conditions of use, it shall be ble effects may also be Included If the solder mixed with a liquid flux are ex- designed to withstand a pressure of not audible effect is produced by a charge of empt from the requirements of section less than 5 times the maximum pressure not more than 2 grains of pyrotechnic (1) of the act (repeated In § 1500.3- developed under closed nozzle conditions composition; 2(p) article in the as- (b) (14) (i)), if: at 70' F. or 1Y2 times the maximum pres- (ii) Each individual (1) The capsule holds not more than sure developed under closed nozzle con- sortment Is fully labeled and in con- one-half milliliter of the solder mixture; ditions at 120* F., whichever is greater. formance with the requirements of the (ii) The capsule is sold only as a com- (25) Cleaning and spot removing kits act and regulations thereunder; and ponent of a kit; and intended for use in cleaning carpets, fur- (1i) The outer package bears on the (i1) Adequate caution statements ap- niture, and other household objects; kits main display panel (or panels), within pear on the carton of the kit and on any intended for use in coating, painting, an- the borders of a rectangle and in the type accompanying labeling which bears di- tiquing, and similarly processing furni- size specified in § 1500.121, the caution rections for use. ture, furnishings, equipment, sidings, statement "WARNING-This aort- (23) Chemistry sets and other science and various other surfaces; and kits in- ment contains Items that may be haz- education sets intended primarily for use tended for use in photographic color ardous if misused and should be used by Juveniles, and replacement containers processing are exempt from the require- only under adult supervision. IlPOR- of chemicals for such sets, are exempt ments of section 2(p) (1) of the act (re- TANT-Read cautions on individual from the requirements of section 2 (p) (1) peated In § 1500.3(b) (14) (1)) and. from items carefully." of the act (repeated in § 1500.3(b) (14) the requirements of § 1500.14, provided (28) Packages containing felt pads Im- (I)), If: that: pregnated with ethylene glycol are ex- empt from the labeling requirements of (I) The immediate container of each (I) The immediate container of each hazardous substance in the kit is fully § 1500.14(b) (1), if: chemical that is hazardous as defined (I) The total amount of ethylene gly- the act and regulations thereunder labeled and in conformance with the re- in quirements of the act and regulations col in each pad does not exceed 1 gram; bears on its main panel the name of such and the appropriate signal word thereunder; and- chemical, (1i) The carton of the kit bears on the (1i) The liquid is held by the felt pad for that chemical, and the additional free ethylene glycol Is within statement "Read back panel before us- main display panel (or panels) within a so that no ing" (or "Read side panel before using," borderline, and in the type size specified the package. in § 1500.121, th& caution statement (29) Cigarette lighters containing bu- if appropriate) and bears on the back Isobutane fuel are exempt (or side) panel of the immediate con- "(Insert proper signal word as specified tane and/or of the appropriate in paragraph (a) (25) (ill) of this sec- from the labeling requirements of section tainer the remainder (1) of the act (repeated in § 1500.3 cautionary statement for the specific tion). This kit contains the following 2(p) chemical in the container; chemicals that may be harmful if mis- (b) (14) (1)) insofar as such requirements used: (List hazardous chemical compo- would otherwise be necessary because the (il) The experiment manual or other nents by name.) Read cautions on indi- fuel therein Is extremely flammable and instruction book or booklet accompany- vidual containers carefully. Keep out of under pressure, provided that: ing such set bears on the front page the reach of children." (i) The lighters contain not more than thereof, as a preface to any written mat- (ii) If either the word "POISON" or 12 grams of fuel at the time of sale: and ter in It

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 27 0-95

to read other cautionary instructions on (i) The methyl alcohol does not sepa- (2) The person who introduced the the tube of flux within. rate from the other Ingredients upon shipment or delivery is not the operator, (31) Visual novelty devices consisting standing or through any foreseeable use and the shipment or delivery Is made to of sealed units, each of which unit is a or manipulation; the establishment under a written agree- steel and (III) Theviscosityoftheproductisnot glass cell containing perchlo- 0 ment, signed by and containing the post roethylene (among other things), are less than 7,000 centlpdlses at 77 F, office addrezs of the person and the op- exempt from the requirements of unless the product is packaged in a pres- crator, and containing whatever specifi- § 1500.121(a) that would otherwise re- surized container and Is dispensed as a cations for the labeling of the hazardous quire a portion of the warning statement liquid unsuitable for drinking; and substance that are necessary to insure, If to appear on the glass face of the device, (iv) The labeling bears the statement such specifications are followed, that the provided that: "Contains methyl alcohol. Use only in hazardous substance will not be mis- Wi The device contains not more than well-ventilated area. Keep out of the branded within the meaning of the act 105 milliliters of perchloroethylene and reach of children." upon completion of the labeling. The contains no other component that con- (35) Individual blasting caps are person and the operator shall each keep tributes substantially to the hazard; and exempt from bearing the statement a copy of the agreement until 2 years (ii) The following cautionary state- "Keep out of the reach of childrcn" or after the final shipment or delivery under ment appears on the device (other than its practical equivalent, If: the agreement has been completed and on the bottom) in the type size specified (W Each cap bears conspicuously in shall make copie of the agreement avail- in.§ 1500.121 (c) and (d): the largest type size practicable the able for inspection upon request of any statement "DANGEROUS-BLASTING CAVTON-IF MRO=N, PESULTANT VAPORs properly authorized ofilcer or employee MAT.y BE HASSUL CAPS-EXPLOSIVE"; and of the Commisslon. (ii)The outer carton and any ac- (b) An exemption of P_ shipment or de- Contains perchloroethylene. Do not expose companying printed matter bear appro- livery of a hazardous substance under to extreme heat. If broken indoors, open prlate complete cautionary labeling. windows and doors until all odor of chemical paragraph (a) (1)of this section shl, at is gone. (36) Individual toy rocket propellant the beginning of the act of removing the Keep out of the reaclf of children. devices and separate delay train and/or shipment or delivery or any part thereof recovery system activation devices in- from the establishment, become void ab A practical equivalent may be substituted tended for use with premanufactured initio if the hazardous substance com- for the statement "Keep out of the reach model rocket engines are exempt from prising the shipment, delivery, or part of children." bearing the full labeling required by sec- is mlsbranded within the meaning- of the (32) Hollow plastic toys containing tion 2(p) (1) of the act (repeated in act when so removed. mineral oil are exempt from the labeling § 1500.3(b) (14) ()) insofar as such re- Cc) An exemption of a shipment orde- specified in § 1500.14(b) (3) iD, If: quirements would be necessary because (i) livery of a hazardous substance under The article contains no other in- the articles are flammable or generate paragraph (a)(2) of this section shall gredient that would cause it to possess pressure, provided that: become void ab nitio with respect to the the aspiration hazard specified in (I) The devices are designed and con- person who introduced the shipment or § 1500.14(b) (3) (ii); structed in accordance with the specifica- delivery Into interstate commerce upon (i) The article contains not more tions in § 1500.85(a) (8) or (9); refusal by that person to make available than 6 fluid ounces of mineral oil; (Cl) Each individual device or retail for inspection a copy of the agreement Cid The mineral oil has a viscosity of package of devices bears the following: as required by paragraph (a)(2) of this at least 70 Saybolt universal seconds at 1000 F.; (A) -The statement "WARN2IG- section. SLAMIABLE: Read instructions before (d) An exemption of a shipment or iv) The mineral oil meets the specifi- use"; other delivery of a hazardous substance cations in the N.F. for light liquid petro- (B) The common or usual name of the under paragraph (a)(2) of this section latum; and article; shall expire: v) The container bears the statement (C) A statement of the type of engine (1) At the beginning of the act of re- "CAUTION-Contains light liquid petro- and use classification; moving the shipment or delivery, or any latum NY_. Discard-if broken or leak (D)Instructions for safe disposal; and part thereof, from the establishment if develops." CE) Name and place of business of the haza doues substance comprising the (33) Containers of mineral oil having manufacturer or distributor; and shipment, delivery, or part is misbranded a capacity of not more than I fluid ounce (fii)Each individual rocket engine or within the meaning of the act when so and intended for use in producing a retail package of rocket engines distrib- removed; or smoke effect for toy trains are exempt uted to users is accompanied by an in (2) Upon refusal by the operator of from the labeling specified in § 1500.14- struction sheet bearing complete cau- the establishment where the hazardous (b)(3) (ii), if: tionary labeling and Instructions for safe substance is to be labeled, to make avail- (i)The mineral oil meets the specifi- use and handling of the individual rocket able for inspection a copy of the agree- cations in the N.F. for light liquid petro- engines. ment required by paragraph (a)(2) of - latum; this &ection. (ii) The mineral oil has a viscosity § 1500.84 Exemption for unlabeled con- of tainers. §1500.85 Exemptions from classifica- at least 130 Saybolt universal seconds at tion as banned hazardous substances. 1000 F.; (a)Except as provided by paragraphs (iii) The article contains no other in- (b) and Cc) of this section, a shipment (a) The term "banned hazardous sub- gredient that contributes to the hazard; or other delivery of a hnzardous sub- stances" as used in section 2(q) (1) (A) and stance that, in accordance with the prac- of the act shall not apply to the following tice of the trade, Is to be labeled in sub- articles provided that these articles bear (iv) The label declares the presence stantal quantity at an establishment labeling giving adequate directions and light liquid petrolatum and the name other than that where originally manu- warnings for safe use: and place of business of the manufac- factured or packed shall be exempt dur- (1) Chemistry sets and other science turer, packer, distributor, or seller. ing the time of introduction into and education sets intended primariy for (34) Viscous products containing more movement in interstate commerce -and Juveniles, and replacement components than 4 percent by weight of methyl alco- during the time of holding In that estab- for such sets, when labeled in accordance hol, such as adhesives, asphalt-base roof iishment from compliance with the label- with § 1500.83(a) (23). and tank coatings, and similar products, ing requirements of section 2(p) of the (2) Common fireworks devices suit- are exempt from bearing the special act (repeated in § 1500.3(b) (14)) if: able for use by the public (such as toy labeling required by § 1500.14(b) (3) (tD, (1) The person who introduced the paper caps, cone fountains, cylinder if: shipment or delivery into interstate fountains, whistles without report, and (i)The product contains not more commerce Is the operator of the estab- spariers, but not including fireworks than 15 percent by weight of methyl shipment or delivery into Interstate devices that may be confused with candy alcohol; is to be received and labeled; or or other food, such as "dragon eggs" and

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 27026 RULES AND REGULATIONS

"crackerballs," also known as "ball-type (v)Burn not longer than 12 seconds (4) Any article known as a "baby- caps"), If such devices are: each when used as directed. bouncer," "walker-Jumper," or "baby- (I) Designed to produce only visible (11) Fuses intended for igniting fuel walker" and any other similar article effects by combustion; or are pellets exempt under subparagraph (10) (referred to in this subparagraph as "ar- (ii) Designed to produce audible ef- of this paragraph. ticle(s)") described In § 1500.18(a) (0) fects, if the audible effect Is produced by (12) Kits Intended for construction of provided: a charge of not more than 2 grains of. model rockets and jet propelled model (i) The frames are designed and con- pyrotechnic composition, airplanes requiring the use of difluorodi- structed in a manner to prevent injury (3) [Reserved] chloromethane as a propellant, prbvided from any scissoring, shearing, or pinch- (4) Educational materials such as art the outer carton bears on the main panel ing when the members of the frame or materials, preserved biological speci- in conspicuous type size the statement other components rotate about a common mens, laboratory chemicals, and other "WARNING--Carefully read instruc- axis or fastening point or otherwise move articles intended and used for educa- tions and cautions before use." relative to one another; and tional purposes. (13) lammable wire materials Intend- (ii) Any coil springs which expand (5) Liquid fuels containing more than ed for elebtro-mechanical actuation and when the article Is subjected to a force 4 percent by weight of methyl alcohol release devices for model kits described, that will extend the spring to Its maxi- that are intended and used for operation in-subparagraph (12) of this paragraph, mum distance so that a space between of miniature engines for model airplanes, provided each wire does not exceed 15 successive coils is greater than one- boats, cars, etc. millgrams in weight. eighth inch (0.125 inch) are covered or (6)Novelties consisting of a mixture otherwise designed to prevent injuries; of polyvinyl acetate, U.S. Certified Colors, § 1500.86 Exemptions from classifica- and and not more than 25 percent by weight lion as a banned toy or other banned for blowing article for use by children. (iii) All holes larger than one-eighth of acetone, and Intended inch (0.125 inch) in diameter and slots, plastic balloons. (a)The term "banned hazardous sub- cracks, or hinged components In any (7) Games containing, as the sole haz- stance" as used in section 2(q) (1) (A) of portion of the article through which a ardous component, a self-pressurized the act (repeated In § 1500.3(b) (15) (i) container child could insert, In whole or In part, of soap solution or similar (A)) of the act shall not apply to the a finger, toe, or any other part of the foam-generating mixture provided that following articles: anatomy are guarded or otherwise de- the foam-generating component has no (1) Toy rattles described In § 1500.18 hazardsother signed to prevent Injuries; and than being in a self-pres- (a)(1) in which the rigid wires, sharp (iv) the articles are designed and surized container, protrusions, or loose small objects are (8) Model rocket constructed to prevent accidental col- propellant devices internal and provided that such rattles lapse while In use; and designed for use in light-weight, recover- are constructed so that they will not able, (v) The articles are designed and con- and reflyable model rockets, pro- break or deform to expose or release the structed in a manner that eliminates vided such devices: contents either in normal use or when (I) Are designed from any portion of the article the pos- to be ignited by ele- subjected to reasonably foreseeable dam- sibility of presenting a mechanical trlcal means, age or abuse. hazard through pinching, bruising, lac- (it)Contain no more than 62.5 grams (2) Dolls and .stuffed animals and (2.2 ounces) of propellant erating, crushing, breaking, amputating, material and other similar toys described in § 1500.18 or otherwise injuring portions of the produce less than 80 newton-seconds (a) (3) in which the components that (17.92 pound seconds) human body when in normal use or when of total impulse have the potential for causing lacera- subjected to reasonably foreseeable dam- with thrust duration not less than 0.050 tion, puncture wound injury, or other age or abuse; and second. similar injury are internal, provided such (ill) (vi) Any article which is introduced Are constructed such that all the dolls, stuffed animals, and other similar into interstate commerce after the effec- chemical ingredients are preloaded into toys are constructed so that they will not tive date of this subparagraph Is a cylindrical paper or similarly con- break or deform to expose such com- labeled: structed nonmetallic tube that will not ponents either in normal use or when (A) With a conspicuous statement of fragment into sharp, hard pieces. subjected to reasonably foreseeable dam- (iv) the name and address of the manufac- Are designed so that they will age or abuse. turer, packer, distributor, or seller; and not burst under normal conditions of use, (3) Lawn darts and similar sharp- (B) With a code mark on the article are incapable of spontaneous ignition, _pointed articles not intended for toy use and do not contain itself and on the package containing the any type of explosive and marketed solely as a game of skill article or on the shipping container, In or pyrotechnic warhead other than a for adults, provided such articles: addition to the invoice(s) or shipping small parachute or recovery-system ac- (i)Bear the following statement on document(s), which code mark will per- tivation charge. the front of the panel of the carton and mit future identification by the manu- (9) Separate delay train and/or re- on any accompanying literature: covery facturer of any given model (the manu- system activation devices intended facturer shall change the model number for use with premanufactured model whenever the article undergoes a signifl- rocket engines wherein all of the chemi- WAn-maN: Not a toy for use by chil- cant structural or design modification); cal ingredients are preloaded so the dren. May cause serious or fatal injury. and user does not handle any chemical in- Read instructions carefully. Xeep out (vii) The manufacturer or importer of gredient and are so designed that the of reach of children. the article shall make, keep, and main- main casing or container does not rup- tain for 3 years records of sale, distribu- ture during operation. tion, and results of inspections and tests (10) Solid fuel pellets intended foruse Such statement shall be printed in conducted in accordance with this sub- in miniature jet engines for propelling sharply contrasting color within a paragraph and shall make such records model jet airplanes, speed boats, racing borderline and in letters at least one- available at all reasonable hours upon cars, and similar models, provided such quarter inch high on the main panel of request by ny officer or employee of the solid fuel pellets: the container and at least one-eighth Consumer Product Safety Commission (i)Weigh not more than 11.5 grams inch high on all accompanying literature. and shall permit such officer or employee each. (ii) Include in the instructions and to inspect rules clear and adequate directions and and copy such records, to mako (ii) Are coated with a protective res- warnings for safe use including a warn- such stock inventories as he deems neces- Inous film. ing against use when any person or sary, and to otherwise check the correct- (iII) Contain not more than 35 percent animal is in the vicinity of the intended ness of such records. potassium dichromate. plan or target area. (5) Clacker balls described in § 1500.18 (a) (7) that have been designed, manu- (v) Produce a maximum thrust of not (iii) Are not sold by toy stores or store more than 72 ounces when used factured, assembled, labeled, and tested as' departments dealing predominantly in in accordance directed, toys with the following require- and other children's articles. ments, and when tested at the point of

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 2702T production or while in Interstate com- shall be vertically suspended by one ball the name and address of the manufac- merce or while held for sale after ship- and a 100-pound test applied to the bot- turer, packer, distributor, or seller. ment in interstate commerce do not ex- tom ball. Any breaking, fraying, or un- (B) To bear on the toy itself and/or ceed the failure rate requirements of the raveling'of the cord or any sign of slip- the package containing the toy and/or table in paragraph (a) (5) (vi) of this ping, loosening, or unfastening shall be the shipping container, in addition to the section: counted'as a failure within the meaning invoice(s) and shipping document(s), a (i) The toy shall be so designed and of the fourth column of the table in code or mark in a form and manner that -fabricatedthat: paragraph (a) (5) (vi) of this section. will permit future identification of any (A) Each ball: Weighs less than 50 (E) By additionally subjecting any given batch, lot, or shipment by the grams; will not shatter, crack, or chip; ring or other holding device to a 50- manufacturer. is free of cracks, flash (ridges due to im- pound test load applied to both cords; (C) To bear a conspicuous warning perfect molding), and crazing (tiny the holding device is to be securely fixed statement on the main panel of the retail surface cracks); and is free of rough or horizontally in a suitable clamp In such container and display carton and on any sharp edges around any hole where the a manner as to support 50 percent of the accompanying literature: That if cracks cord enters or over any surface with area of such holding device and the bals develop In a ball or if the cord becomes which the cord may make contact. Each are suspended freely. Any breaking, frayed or loose or unfastened, use of the ball is free of internal voids (holes, cavi- cracking, or crazing of the ring or other toy should be discontinued; and if a ring ties, or air bubbles) K the balls are made holding device shall be counted as a or loop or other holding device is present, of materials other-than those materials failure within the meaning of the fourth the statement "In uze, the ring or loop (such as ABS (acrylonitrile butadiene column of the table In paragraph (a) (5) must be placed around the middle finger styrene), nylon, and high-impact poly- (vi) of this section. and the two cords positioned over the styrene) that are injection-molded and (M) By cutting each ball tested in half forefinger and held securely between the possess high-impact characteristics. and then cutting each half perpendicu- thumb and forefinger," or words to that (B) The cord: Is of high tensile larly to the first cut into three or more effect which will provide adequate in- fibers that are braided pieces of approximately equal thickness. structions and warnings to prevent the strength, synthetic holding device from accidentally slipping or woven, having a breaking strength in Each portion is to be inspected before excess of 100 pounds; is free of fraying or and after cutting, and any ball showing out of the hand. Such statements shall any flash, crack, crazing, or internal be printed in sharply contrasting color any other defect that might tend to re- within a borderline and In letters at least duce its strength in use; is not molded in voids on such inspection is to be counted balls made of casting resins which tend as a failure within the meaning of the one-quarter inch high on the main panel fourth column of the table in paragraph of the container and at least one-eighth to wick up or run up on the outside of inch high on all accompanying literature. the cord; and is affixed to a ball at the (a) (5) (vi) of this section. Balls that are injection-molded and possess high- Cv) The manufacturer of the toy shall center of the horizontal plane of the ball make, keep, and maintain for 3 years when it is suspended by the cord. impact characteristics (such as injec- tion-molded balls made of ABS, nylon. records of sale, distribution, and results (C) When the cord is attached to the of inspections and tests conducted in ball by means of a knot, the end beneath or high-impact polystyrene) though 'exempt from the requirements that there accordance with this subparagraph and the knot is chemically fused or other- shall make such records available upon wise treated to prevent the knot from be no internal voids, must be tested to determine the presence of any flash. request at all reasonable hours by any slipping out or untying in use. officer or employee of the Consumer (ii) The toy shall be tested at the time crack or grazing. A transparent ball shall be subjected to the same requirements Product Safety Commission, and shall of production: permit such officer or employee to inspect (A) By using the sampling procedure except that it may be visually inspected without cutting. and copy such records and to make such described In the table in subdivision (vi) Inventories of stock as he deems neces- of this subparagraph to determine the (iI) The toy shall be fully assembled for use at time of .sale, including the sary and otherwise to check the correct- number of units to be tested. ness of such records. (B) By subjecting each ball tested to proper attachments of balls, cords, knots, 10 drops of a 5-pound steel impact rod loops, or other holding devices. (v) The lot size, sample size, and fail- (iv) The toy shall be labeled: ure rate for testing clacker bans are as or weight (2Y4-inch diameter with a flat head) dropped 4& inches in a vented steel (A) With a conspicuous statement of follows: or aluminum tube (2%-inch inside diam- eter) when the ball is placed on a steel Fallurnale Failure rata Numbr of units In batcb ribpment, Number of units In ccr -tudln-rrJect orgra r-igecton or cast iron mount. Any ball showing any delvcry;ot, or renl stodk randam ramp's vhcn tenn Ir when ti= per chipping, cracking, or shattering shall be counted as a failure within the meaning (D), CE), =d CF) in para- of the third column of the table 50 or 8.... graph (a) (5) (vi) of this section. 51 to . 1 (C) By Inspecting each ball tested for 91 1 1 smoothness of finish on any surface of 151 to-sO .... _32 1 the ball which may come in contact with 501S totoIO 1,W - ...... so0"O 42 the cord during use. A cotton swab shall 1,201 to ,.....15 2 6 3,201 to I0. 033 --.- n.o 3 iy be rubbed vigorously over each such sur- 10, 01 to 353... . 315 4 if face or area of the ball; if any cotton 35.001 to . . . Z0,OYO 6 25 150.001 to Z . . F,0 43 fibers are removed, the ball shall be ...... 1u Ga counted as a failure within the meaning 500,021 and ov.. of the fourth column of the table in sub- division (vi) of this subparagraph. The (vii) Applicability of the exemption tail stock has failed and thus is not toy shall also be checked to ascertain that provided by this subparagraph shall be exempted under this subparagraph from there is no visibly perceptible "wicking determined through use of the table in classification as a banned hazardous up" or "running up" of the casting resins paragraph (a) (5) (vi) of this sction. substance. on the outside of the cord In the vicinity A random sample of the number of arti- (6) Caps (paper or plastic) described where the ball is attached. cles as specified in the second column in § 1500.18(a) (5), provided: (D) By fully assembling the toy and of the table shall be selected according (I) Such articles do not produce peak testing the cord in such a manner as to to the number of articles in a particu- sound pressure levels greater than 158 test both the strength of the cord and lar batch, shipment, delivery, lot, or re- decibels when tested in accordance with the adequacy with which the cord is at- tail stock per the first column, A failure § 1500.47, and provided any such articles tached to the ball and any holding device rate as shown in either the third or producing peak sound pressure levels such as a tab or ring included in the fourth column shall indicate that the en- greater than 138 decibels but not greater assembly. The fully assembled article tire batch, shipment, delivery, lot, or re- than 158 decibels when tested in accord-

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 No. 187-Pt. II---- 27028 RUiE-S" AND REGULATIONS ance with § 1500.47 shallbear the-follow- mation under section 3 (b) of the act, may ment, the statement of the precaution- Ing statement on the carton and in the appear on the main panel; but if they ary measures will satisfy the require- accompanying literature in accordance do not, all such items not required by ments of section 2(p) (1) (F) and (G) of with § 1500.121: "WARNING-Do not paragraph (a) of this section to appear the act (repeated in § 1500.3(b) (14) (1) fire closer than 1 foot to the ear. Do not on the main panel shall be placed (F) and (G)). together in a distinctive use indoors." place elsewhere § 1500.125 Labeling requirements for (ii) Any person who elects to distribute on the label with' adequate contrast accompanying literature. toy caps in accordance with paragraph achieved by typography, color, or layout, (a) (6) (1) of this section shall promptly except that the name and place of busi- When any accompanying literature notify the Consumer Product Safety ness of the manufacturer, packer, dis- includes or bears any directions for use Commission, Bureau of Compliance, tributor, or seller may appear separately (by printed word, picture, design, or Washington, D.C. 20207, of their Inten- on the same or on a different panel. The combination thereof), such placard, tion and shall conduct or participate in type size used shall bear a reasonable pamphlet, booklet, book, sign, or other a program to develop caps that produce a relationship to the printing on the panel graphic or visual device shall bear all sound pressure level of, not more than involved and shall be no smaller than 10 the information required by section 2(p) 138 decibels when tested in accordance point unless the available label space of the act (repeated in § 1500.3(b) (14)). with § 1500.47. requires reductions, in which event it § 1500.126 Substances determined to bo (iII) Any person who elects to distrib- shall be reduced no smaller than 6 point "special hazards." ute caps in accordance with paragraph type unless-because of small label space (a) (6) (i) of this section shall, after an exemption has been granted under Whenever the Comission determines notification of his intentions to the Com- section 3(c) of the act and § 1500.83. that for a particular hazardous substance mission in accordance with paragraph (e) Collapsible metal tubes containing intended or packaged In a form suitable (a) (6) (ii) of this section, submit to the hazardous substances shall be labeled so for use in the household or by children, Consumer Product Safety Commission, that all items of label information re- the requirements of section 2(p) of the Bureau of Compliance, Washington, D.C. quired by section 2(p) (1) of the act (re- act (repeated in § 1500.3(b) (14)) arenot 20207, a progress report not less fre- peated in °1500.3(b)(14)(1)), or by adequate for the protection of the public quently than once every 3 months con- regulations prescribing additional infor- health and safety because of some spe- cerning the status of his program to de- mation, shall appear as close to the dis- cial hazard, the Commission, by an ap- velop caps that produce a sound level of pensing end of the container as possible. propriate order in the FEDERAL RzoisMrn, not more than 138 decibels when tested The size, placement, and conspicuousness shall specify such reasonable variations in accordance with § 1500.47. of these statements shall conform, with or additional label requirements that It paragraphs (a), (c), and (d) of this finds are necessary for the protection of § 1500.121 Labeling requirements; section. the public health and safety. Such order placement, conspicuousness, and (f) Unpackaged hazardous substances shall specify a date that Is not less than contrast. intended or in a form suitable for use in 90 days after the order is published (un- (a) The signal word, the statement or around a household or by children less emergency conditions stated In the of the principal hazard or hazards, and shall be labeled so that all items of in- order specify an earlier date) after which instructions to read carefully any cau- formation required by the act or by reg- any such hazardous substance intended, tionary information/that may be placed ulations in this part shall appear upon or packaged in a form suitable, for use elsewhere on the label shall appear. to- the article itself. In Instances where such in the household or by children that fails gether on the main panel of the label. labeling is impracticable because of the to bear a label In accordance with such Such information shall be placed to- size or nature of the article, the required order shall be deemed to be a misbranded gether and distinctively apart from other cautionary labeling must be displayed by hazardous substance. wording or designs. The necessary means of a tag or other suitable material § 1500.127 Substances with multiple prominence shall be achieved by place- that is securely affixed to the article so hazards. ment within the b6rders of a square or that the labeling will remain attached rectangle with or without a borderline, throughout conditions of merchandising (a) Any article that presents more and by use of suitable contrasts with and distribution to the ultimate con- than one type of hazard (for example, if the background achieved by distinctive sumer. The size, placement, and con- the article is both toxic and flammable) typography or color, and by both color spicuousness of these statements shall must be labeled with: An affirmative and typography when needed. conform with paragraphs (a), (c), and statement of each such hazard; the pre- (b) If the product is "highly toxic" as (d) of.this Section. cautionary measures describing the ac- tion to be followed or avoided for each defined in § 1500.3(c) (1), the labeling § 1500.122 Deceptive use of disclaimers. shall also include in conjunction with such hazard; instructions, when neces- the word "poison" the skull and cross- A hazardous substance shall not be sary or appropriate, for first-aid treat- bones symbol. The word "poison" is not deemed to have met the requirements of ment of persons suffering from the ill considered a signal word as that term is section 2(p) (1) and (2) of the act (re- effects that may result from each such used In paragraph (a) of this section or peated in § 1500.3(b) (14) (1) and (ii)) if hazard; instructions for handling and when required by § 1500.14. there appears in or on the label (or in storage of articles that require special any accompanying literature; words, care in handling and storage (c) The signal word and statement of because of hazard statements, designs, or other graphic more than one type of hazard presented shall be in capital letters. The material that in any manner negates or by the article; and the common or usual signal word (and the word "poison" if disclaims any of the label statements re- name (or the chemical required) shall be of a size bearing a rea- name if there Is sonable quired by the act; for example, the state- no common or usual name for each haz- relationship to the other type on ment "Harmless" or "Safe around pets" ardous component present in the article. the main panel, but shall not be less than on a toxic or irritant substance. 18 point (b) Label information referring to the type, and the size of the state- § 1500.123 Condensation of label-infor. possibility of one hazard may be com- ment of hazard shall not be less than 12 bined with parallel point type, unless the label space on the * mation. information con- container is too small to accommodate cerning any additional hazards presented Whenever the statement of the prin- by the article If the resulting condensed such type size. When the size of the label cipal hazard or hazards itself provides space requires a reduction statement contains all of the information in type size, the precautionary measures to be fol- needed for dealing with each type of haz- the reduction shall be made to a size no lowed or avoided, a clear statement of ard presented by the article. smaller than necessary and in no event the principal hazard will satisfy the re- to a size smaller than 6 point type. quirements of section 2(p) (1) (E) and § 1500.128 Label comment. (d) All the items of label information (F) of the act (rqpeated in § 1500.3(b) The Commission will offer informal required by section 2(p) (1) of the act (14) (1) (E) and (F)). When the state- comment on any proposed label and ac- (repeated in § 1500.3(b) (14) (1)), or by ment of precautionary measures in effect companying literature Involving a haz- regulations prescribing additional infor- provides instruction for first-aid treat- ardous substance If furnished with:

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 4 27029

(a) Complete labeling or proposed la- neutralized sodium hydroxide (NaOW, DANGER-POISOIN beling, which may be in draft form. including caustic soda and lye in a con- (S=UML M-M CZ0s3Z=u ST=OMa) (b) Complete quantitative formula. centratlon of 10 percent or more. (k) Silver nitrate, sometimes Imown MY BE FATAL OR CAUSE'BLNDINESS IF (C) Adequate clinical pharmacologi- SWALLOWED cal, toxicological, physical, and chemical as lunar caustic, and any preparation FLA?2ABEVAPOM HA='UL data applicable to the possible hazard containing silver nitrate (AcNO5) in a concentration of 6 percent or more. Contains methyl alcohol (methanol). of the substance. Cannot be made nonpolconous. Avoid con- (d) Any other information available U) Ammonia water and any prepara- tact with eyes. Uzc only In a well-ventilated that would facilitate preparation of a tion containing free or chemically un- area. Neep away from heat and open flame. suitable label, such as complaints of in- combined ammonia (NIL), including Do not store In open or unlabeled containers. juries resulting from the product's use ammonium hydroxide and "hartshorn," First aid: In case of contact with eyes or other evidence that would furnish in a concentration of 5 percent or more. flush thorou3hly with water. If swallowed, human-experience data. Induce vomiting (give a tablespoonful of salt § 1500.130 Self-pressurized contniners;, in a glass of warm water). nepeat until §1500.129 Substances named in the labeling. vomit fluid 13 clear. Call a physiclan ini- Federal Caustic Poison Act. (a) Self-pressurized containers that medlately. Keep out of the reach of children. The Commission finds that for those fail- to bear a warning statement ade- quate for the protection of the public (c) The words that are in capital let- substances covered by the Federal ters in the warning statement set forth Caustic Poison Act (44 Stat. 1406), the health and safet:y may be misbranded under the act, except as otherwise pro- In paragraph (b) of this section should requirements of section 2(p) (1) of the be printed on the main (front) panel or Federal Hazardous Substances Act (re- vided pursuant to section 3 of the act panels of the container in capital letters peated in § 1500.3(b) (14) (i)) are not (b) The following warning statement of the type size specified in § 1500.121(c), adequate for the protection of the public will be considered as meeting the re- e.cept that the word "Poison'" and the health. Labeling for those substances, in quirements of section 2(p) (1)of the act skull and errzbones symbol may appear the concentrations listed in the Federal (repeated in § 1500.3(b) (14) (W) If the on another panel with the balance of the Caustic Poison Act, were required to bear only hazard associated with an article I- cautionary information. The balance of the signal word "poison." The Commis- that the contents are under pressure: the cautionary statements may appear sion concludes that the lack of the desig- WARNING--CONTS UNDER PRESSURE together on another panel provided the nation "poison" would indicate to the front panel bears a statement such as consumer a lesser hazard and that such Do not puncture or Incinerate container. Do not expose to beat or store at tempera- '"Read carefully other cautions on wouldnot bein the interest of the public tures above 120* F. Keep out of the reach of panel." health. Under the authority granted in children. section 3(b) of the act, the Commission § 1500.132 Ethylene glycol-base radiator therefore finds that for the following The word "CAUTION" may be subsd- antifreeze; labeling. substances, and at the following concen- tuted for the word "WARNING". A (a) Ethylene glycol-base radiator anti- trations, the word "poison" is necessary practical equivalent may be substituted freeze distributed in containers intended instead of any signal word: for the statement "Keep out of the reach or suitable for household use may be (a) Hydrochloric acid and any prepa- of children." misbranded under the act if the con- ration containing free or chemically un- (c) That portion of the warning state- talners fail to bear a warning statement neutralized hydrochloric acid (HCI) in ment set forth in paragraph (b)of this adequate for the protection of the pub- a concentration of 10 percent or more. section in capital letters should be lic health and safety, except as other- (b) Sulfuric acid and any preparation printed on the main (front) panel of the wise provided pursuant to section: 3 of containing free or chemically unneutral- container in capital letters of the type the act. ized sulfuric acid (HSO,) in a concen- size specified in § 1500.121(c). The bal- (b) The following warning statements tration of 10 percent or more. ance of the cautionary statements may will be considered as meeting the re- (c) Nitric acid or any preparation appear together on another panel if the quirements of section 2(p) (1) of the act containing free or chemically unneutral- front panel also bears a statement such (repeated in § 1500.3(b) (14) U)) and ized nitric acid- (HNO,) in a concentra- as "Read carefully other cautions on § 1500.14(b) (1) with respect to ethylene tion of 5 percent or more. panel." glycol-base radiator antifreeze, with and d) If an article -has additional haz- without added sodium arsenite of over (d) Carbolic acid (CoH'OH), also 0.01 percent by weight, when the only known as phenol,- and any preparation ards, such as skln or eye Irritancy, tox- icity, or flnmmability, appropriate ad- hazard foreseeable is that caused by the containing carbolic acid in a concentra- ethylene glycol and (if present) the tion of 5 percent or more. ditional front and rear panel precau- tionary labeling is required. added sodium arsenite: (e) Oxalic acid and any preparation (1) Ethylene glycol antifreeze con- containing free or chemically unneutral- § 1500.131 Mrethyl alcohol.base radiator taining less than 0.01 percent by weight ized oxelic acid (HC:O'0 in a concentra- antifreeze; labeling. of sodium arsenite. tion of 10 percent or more. WAM-M G--IE&=ML 0-3 FATAL 37 SWALLOWEo (f) Any salt of oxalic acid and any (a) Methyl alcohol-base (methanol- preparation containing any such salt in base) radiator antifreeze distributed in Do no. drink antifreeze or solution. If a concentration of 10 percent or more. containers intended or suitable for swallowed, induce vomiting immediately. household use may be misbranded under Call a phyulclan. Ethylene glycol base. Do not (g) Acetic acid or any preparation the act if the containers fall to bear a store in open or unlabeled containers. Keep containing free or chemically unneutral- warning statement adequate for the pro- out of the reach of children. ized acetic acid (HC:HO02) in a concen- tection of the public health and Wfety, (2) Ethylene glycol antifreeze con- tration of 20 percent or more. except as otherwise providea pursuant taining 0.01 percent but no more than (h) Hypochlorous acid, either free or to section 3 of the act. 1 percent by weight of sodium arsenite. combined, and any preparation contain- (b) The following warning statement WAn rso-EHA,.n'u ox FA-- r. i SwAzLrowm ing the same in a concentration that will will be considered as meeting the require- yield 10 percent or more by weight of ments of section 2(p) (1) of the act (re- Do no' drink antifreeze or solution. If available chlorine. swallowed, induce vomiting Immediately. peated in § 1500.3(b) (14) ()) and Call a physican. Ethylene glycol base con- (I) Potassium hydroxide and any § 1500.14(b) (4) with respect to methyl taining sodium ar-enite (lezz than 1%). preparation containing free or chemi- alcohol-base radiator antifreeze when Antidote for sodium ar-enite: Dimercaprot CARY unneutralized potassium hydrox- the only hazard foreseeable Is that caused (BAL) to be administered only by a physi- ide (KOH), including caustic potash and by the methyl alcohol content and when clan. vienna.paste (vienna caustic), in a con- the article has a flashpont in the "flamn- Do not store in open or unlabeled con- centration of 10 percent or more. mable" range as that term is deflned In tainers. Keep out of the reach of children. (j) Sodium hydroxide and any prepa- section 2(1) of the act (repeated In Cc) The words that are In capital let- ration containing free or chemicallyun- § 15003(b) (10)): ters n the warning statements set forth

FEDERAL REGISTER, VOL 38, NO. 18T-THURSDAY, SEPTEMBER 27, 1973 27030 RULES AND REGULATIONS in paragraph (b) of this section should interested person, showing reasonable ing it to be signed, shall be considered be printed on the main (front) panel grounds therefor, propose the issuance, to have given it. Each person causing a or panels of the container or capital let- amendment, or repeal of any regulation guaranty or undertaking to be false is ters of the type size specified in provided for in section 3(a) or 2(q) of chargeable with violations of section 4 § 1500.121(c). The balance of the cau- the act, declaring particular substances (d) of the act. tionary. statements may appear together to be hazardous substances or banned § 1500.212 Definition of guaranty; sug- on another panel provided the front hazardous substances. The proposal shall gested forms. panel bears a statement such as "Read be published in the FEDERAL REGISTER, carefully other cautions on...... with an invitation for written comments. (a) A guaranty or undertaing re- panel." As soon as practicable after the com- ferred to In section 5(b) (2) of the act ments have been received, the Commis- may be: § 1500.133 Extremely flammable con- ,(1) Limited to a specific shipment or labeling. sion shall by order act upon such pro- tact adhesives; posal to declare the substance to be a other delivery of an article, in which (a) Extremely flammable contact ad- hazardous substance or banned hazard- case it may be a part of or attached to hesives, also known as contact bonding ous substance for purposes of the act, or the invoice or bill of sale covering such cements, when distributed in containers to amend or repeal any regulation previ- shipment or delivery; or intended or suitable for household use ously issued. (2) General and continuing, in which may be misbranded under the act if the (b) Within 30 days after publication case, In its application to any shipment containers fail to bear a warning state- of such order, any person who will be ad- or other delivery of an article, it shall be ment adequate for the protection of the versely affected thereby, if placed in ef- considered to have been given at the public health and safety. fect, may file objections and a request date such article was shipped or deliv- (b) The following warning statement for a public hearing. The objections ered, or caused to be shipped or delivered, is considered as the minimum caution- shall not be accepted for filing if they by the person who gives the guaranty or ary labeling adequate 'to meet the re- fail to establish that the objector will undertaking. quirements of section 2(p) (1) of the act be adversely affected by the regulation, (b) The following are suggested forms (repeated in § 1500.3(b) (14) (i)) with re- if the objections do not specify with par- of guaranty or undertaking referred to spect to containers of more than one-half ticularity the provisions of the regula- In section 5(b) (2) of the act. pint of contact adhesive and similar liq- tion to which objection is taken, or if (1) Limited ,formt for use on involceo uid or semiliquid articles having a flash- the objections do not state reasonable or bill of sale. point at or below 200 F. as determined by grounds. Reasonable g r o u n ds are the method in § 1500.43, when the only grounds from which it is reasonable to '(Name of person giving the guaranty hazard foreseeable is that caused by the conclude that facts can be established by or undertaking) extreme flammability of the mixture: reliable evidence at the hearing which hereby guarantees that no article listed here- will call for changing the provisions in Is misbranded within the meaning of the DANGER specified in the objections. Whenever Federal Hazardous Substances Act EXTRES=ELy FLAMMABLE legally valid objections have been filed, a VAPORS TAY CAUSE FLASH FIRE public hearing on the objections will be (Signature and post-oflco held. Vapors may ignite explosively. address of person giv- Prevent buildup of vapors-open all win- (c) As. soon as practicable after the ing the guaranty or dows and doors-use only with cross- time for filing objections has expired, undertaking) ventilation. the Commission shall publish a notice (2) General and continuing forms. Keep away from heat, sparks, and open in the FEDERAL REGISTER specifying the flame. parts of the order that have been stayed The article comprising each shipment or Do not smoke, extinguish all flames and by proper objettions, or, if no objections other delivery hereafter made by ...... pilot lights, and turn off stoves, heaters, elec- motors, have been filed, stating that fact. trio and other sources of ignition (d) [Reserved] (Name of person giving the guaranty or during use and until all vapors are gone. undertaking) Close container after use. (e) If the Commission finds that the Keep out of the reach of children. distribution of a hazardous substance to, or on the order of ------presents an imminent hazard to the pub- (c) The words that are in capital let- lic health, the Commission, by order in ters in the warning statement set forth- (Name and post-oico address of person to the FEDERAL REGISTER, will give notice of whom the guaranty or undertaking In given) in paragraph (b) of this section should such finding and, pursuant to section is hereby guaranteed, as of the date of such be printed on the main (front) panel or 2(q) (2) of the act, declare such sub- shipment or delivery, to be, on such date, not panels of the container in capital letters stance, when intended or offered for misbranded within the meaning of the Ved- of the type size specified in § 1500.121(c): household use or when so packaged as to eral Hazardous Substances Act. The balance of the cautionary informa- be suitable for such use, to be a "banned tion may appear together on another hazardous substance" pending comple- (Signature and post-off ceo panel provided the front panel bears a tion of statutory proceedings relating to address of person giv- statement such as "Read carefully other ing the guaranty or the issuance of such regulations. undertaking) cautions on ------panel," the blank (fW The General Counsel of the Com- being filled in with the identification of the specific mission is the designated officer upon (c) The application of a guaranty or label panel bearing the bal- whom a copy of any petition for judicial udertaking referred to in section ance of the cautionary labeling. It is 5(b) (2) recommended that a borderline be used review shall be served. Said officer is re- of the act to any shipment or in conjunction sponsible for filing in court the record other delivery of an article shall expire with the cautionary on which the order of the Commission is when such article, after shipment or labeling. based in accordance with 28 U.S.C. 2112. delivery by the person who gave such (d) If an article has additional haz- § 1500.210 Responsibility. guaranty or undertaking, becomes mis- ards, or contains ingredients listed in branded within the meaning of the act, § 1500.14 as requiring special labeling, The provisions of these regulations (16. appropriate additional front and rear C R, Subchapter C of Chapter I) with § 1500.213 Presentation of views under panel precautionary labeling is required. respect to the doing of any act shall be section 7 of the act. (a) Presentation of views § 1500.201 for applicable also to the causing of such under sec- Procedure the issuance, act to be done. tion 7 of the act shall be private and in- amendment, or repeal of regulations formal. The views presented shall be declaring particular substances to be § 1500.211 Guaranty. hazardous substances or banned haz- confined to matters relevant to the con- ardous substances. In the case of the giving of a guaranty templated proceeding. Such views may or undertaking referred to in section 5 be presented by letter or in person by (a) The Commission may, upon Its (b) (2) of the act, each person signing the person to whom the notice was own initiative or upon the petition of any such guaranty or undertaking, or caus- given, or by his representative. In case

FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 27031

such person holds a guaranty or under- liver, such sample. Upon receipt of the (3) A time limit, reasonable in the taking referred to in section 5(b) (2) of notice, the owner or consignee shall hold light of the circumstances, for comple- the act applicable to the article on which such hazardous substance and not dis- tion of the operations; and such notice was based, such guaranty or tribute it until further notice from the (4) Such other conditions as are nec- undertaking, or a verified copy thereof, area office director or the collector of cus- ssary to maintain adequate supervision shall be made a part of such presenta- toms of the results of examination of the and control over the article. tion of views. sample. (b) Upon receipt of a written request (b) Upon request, reasonably made, § 1500.267 Payment for samples. for extension of time to complete by the person to whom a notice appoint- such operations, containing reasonable ing a time and place for the presentation The Consumer Product Saftey Com- grounds therefor, the area office director of views under section 7 of the act has mission will pay for all import samples may grant such additional time as he been given, or by his representative, that are found to be in compliance with deems nececsary. such time or place, or both such time the requirements of the act. Billing for (c) An authorization may be amended and place, may be changed if the re- reimbursement should be made by the upon a showing of reasonable grounds quest states reasonable grounds therefor. owner or consignee to the Commis on therefor and the filing of an amended Such request shall be addressed to the area office headquarters In the territory application for authorization with the office of the Consumer Product Safety of which the shipment was offered for im-, area office director. Commission that issued the notice. port. Payment for samples will not be (d) If ownership of a hazardous sub- made if the hazardous substance Is found stance covered by an authorization § 1500.214 Examinations and investiga- to be in violation of the act, even though changes before the operations specified tions; samples. subsequently brought into compliance in the authorization have been com- Wheni any officer or employee of the under the terms of an authorliation to pleted, the original owner wil be held Commission collects a sample of a haz- bring the article into compliance. responsible, unless the new owner has ardous substance for analysis under the § 1500.268 Hearing. executed a bond and obtained a act, the, sample shall be designated as new authorization. Any authorization an official sample if records or other evi- (a) If it appears that the hazardous granted under this section shall super- dence is obtained by him or any other substance may be subject to refusal of sede and nullify any previously granted officer or employee of the Commission in- admission, the area office director shall authorization v'Ith respect to the article. dicating that the shipment or other lot give the owner or consignee a written of the article from which such sample notice to that effect, stating the reasons § 1500.271 Bonds. was collected was introduced or delivered therefor. The notice shall specify a place (a) The bonds required under section for introduction into interstate com- and a period of time during which the 14(b) of the act may be executed by the merce, or was in or was received in inter- owner or consignee shall have an oppor- owner or consignee on the appropriate state commerce, or was manufactured tunity to introduce testimony. Upon form of a customs single-entry or term within a Territory not organized with timely request, giving reasonable grounds bond, containing a condition for the re- a legislative body. Only samples so therefor, such time and place may be delivery of the merchandise or any part designated by an officer or employee of changed. Such testimony shall be con- thereof upon demand of the collector of the Commission shall be considered to fined to matters relevant to the admiLi- customs and containing a provision for be official samples bility of the hazardous substance, and the performance of conditions as may (a) For the purpose of determining may be introduced orally or in writing. legally be imposed for the relabeling or whether or not a sample is collected for (b) If such owner or consignee submits other action necessary to bring the analysis, the term "analysis" includes or indicates his intention to submit an hazardous substance into compliance examinations and tests. application for authorization to relabel wvith the act in such manner as is pre- (b) The owner of a hazardous sub- or perform other action to bring the haz- scribed for such bond In the customs stance of which an official sample is col- ardous substance into compliance with regulations In force on the date of re- lected is the person who owns the ship- the act, such testimony shall include evi- quest for authorization. The bond shall ment or other lot of the article from dence in support of such application. If be filed with the collector of customs. which the sample is collected. such application is not submitted at or (b) The collector of customs may can- prior to the hearing, the area office di- cel the liability for liquidated damages IMPORTS rector shall specify a time limit, reason- incurred under the above-mentioned § 1500.265 Imports; definitions. able in the light of the circumstances, for provisions of such a bond, if he receives filing such application. an application for relief therefrom, upon For the purposes of the regulations the payment prescribed under section 14 of the act: § 1500.269 Application for authoriza- of a lesser amount or upon tion. such other terms and conditions as shall (a) The term "owner or consignee" be deemed appropriate under the law means the person who has the rights of Application fbr atuhorization to re- and in view of the circumstances, but the a consignee under the provisions of the label or perform other action to bring collector shall not act under this- regu- Tariff Act of 1930 (sees. 483, 484, 485, 46 the hazardous substance into compliance lation in any case unless the area office Stat. 721 -as amended; 19 U.S.C. 1483, with the act may be flied only by the director is In full agreement with the 1484, 1485). owner or consignee and shall: action. - (b) The term "area office director" (a) Contain detailed proposals for means the director of the area office of bringing the article into compliance with § 1500.272 Costs chargeable in connec- the Consumer Product Safety Commis- the act. tion with relabeling and recondition- sion having jurisdiction over the port of (b) Specify the time and place where ing inadmissible imports. entry through which a hazardous sub- such operations will be carried out The cost of supervising the relabeling stance is imported or offered for import, and the approximate time for their or other action necessary in connection or such officer of the area office as he may completion. with an import of a hazardous-substance designate to act in his behalf in adminis- that fails to comply with the act shall tering and enforcing the provisions of § 1500.270 Granting of authorization. be paid by the owner or consignee who section 14 of the act. (a) When authorization contemplated files an application requesting such by § 1500.269 is granted, the area offce action and executes a bond,-pursuant to § 1500.266 Notice of sampling. director shall notify the applicant in section 14(b) of the act. The cost of When a sample of a hazardous sub- writing, specifying: such supervision shall include, but not stance offered for import has been re- (1) The procedure to be followed: be restricted to, the following: quested by the director of the area office, (2) That the operations are to be car- (a) Travel expenses of the supervising the collector of customs having jurisdic- ried out under the supervision of an officer. tion over the hazardous substance shall officer of the Consumer Product Safety (b) Per diem in lieu of subsistence of give to the owner or consignee prompt Commission or the Bureau of Customs, as the supervising officer when away from notice of delivery of, or intention to de- the case may be; his home station as provided by law.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 27032 RULES AND REGULATIONS

(c) Services of the supervising officer, § 1505.3 Labeling. (d) Markings. (1) The markings re- to be calculated at a fiat rate of $8 par quired on the toy by paragraph (b) of hour (which shall Include administrative (a) General.Electrically operated toys, and the instruction sheets and outer this section shall be of a permanent expense), except that such services per- nature, such as paint-stenciled, die- formed by a customs officer and subject packaging thereof, shall be labeled in ac- cordance with the requirements of this stamped, molded, or indelibly stamped. to the provisions of the Act of Febru- The markings shall not be permanently ary 13, 1911, as amended (see. section and any other applicable re- 5, 36 Stat. quirements of the Federal Hazardous obliterable by spillage of any material in- 901 as amended; 19 U.S.C. 267), shall be, tended for use with the toy and shall not calculated as provided Substances Act and regulations /promul- in that act. gated tthereunder. All labeling shall be be readily removable by cleaning with (d) Services of analyst, to be calcu- ordinary household cleaning substances. lated at a flat rate prominently and conspicuously displayed of $10 per hour (which under customary conditions of purchase, All markings on the toy and labeling of shall include the use of the chemical the shelf pack or package required by laboratories storage, and use. All required informa- and equipment of theoCon- tion shall paragraph (b) of this section shall con- sumer Product Safety Commission. be readily visible, noticeable, clear, and, except where coding is per- trast sharply with the background (e) The minimum charge for serv- (whether by color, projection, or inden- ices of mitted, shall be in legible English (other supervising officers and of ana- languages tation) and shall be readily visible and lysts shall be not less may also be included as ap- than the charge Ipropriate). Such factors governing label- legible. Such markings and labeling shall for 1 hour, and time after the first hour appear in lettering of a height not less shall be computed ing as location, type size, and contrast in multiples of 1 hour, against than that specified in paragraph (d) (2) disregarding fractional parts less than background may be based on necessary condensations to provide a rea- of this section, except that those words one-half hour. sonable display. shown in capital letters In paragraph (e) PART 1505-REQUIREMiNTS FOR ELEC- (b) Specific items. (1) The toy shall of this section shall appear in capital TRICALLY OPERATED TOYS OR OTHER be marked in accordance with the provi- lettering of a height not less than twice ELECTRICALLY OPERATED. ARTICLES sions of paragraph (d) of this section to that specified in paragraph (d) (2) of INTENDED FOR USE BY CHILDREN indicate: this section, See. (i) The electrical ratings required by (2) Minimum lettering heights shall 1505.1 Definitions. paragraph (c) of this section. be as follows: 1505.2 Scope of part. (ii) Any precautionary statements re- SURFACE AREA DISPLAYING U1,1AUiING, 1505.3 Labeling. quired by paragraph (e) of this section. LIDnIMUM I 5:GHT Or LrrIMnINo 1605.4 MAnufacturing requirements. (2) The shelf pack or package of the 1505.5 Electrical design and construction. Square inches 1Wliecs 1505.6 Performance. toy shall be labeled in accordance with Under 5------1/18 1505.7 Maximum acceptable surface tem- the provisions of paragraph (d) of this 5 or more and under 25------1/8 peratures. section to indicate: 25 or more and under 100------3/16 1505.8 Taximum acceptable material tem- (i) The date (month and year) of 100 or more and under 400 ------1/4 peratures. manufacture (or appropriate codes). 400 or more ------1/2 (ii) The electrical ratings required (e) Precautionary statements-l) AUrrrY.-Secs. 2(f) (1) (D), (r), (s), c) of this section. (t), 3(e)(1). 74 Stat. 372, 374, 375, as by paragraph General. Electrically operated toys shall amended 83 Stat. 187-89 (15 U.S.C. 1261, (iii) Any precautionary statements re- bear the statement: "CAUTION-ELEC- 1262). quired by paragraph (e) of this section. TRIC TOY." The shelf pack or package (3) Each toy shall be provided Nor.--This Part 1505 was originally pro- with and the instructions of such toys shall mulgated as 21 CPR Part 191b In the FEDERAL adequate instructions that are easily bear the statement in the upper right- REoSERa of March 7, 1973 (38 FR 6138), with understood by children of those ages for hand quarter of the principal display an effective date of September 3, 1973. which the toy is intended. The instruc- panel: "CAUTION-ELECTRIC TOY: tions shall describe the applicable instal- Not recommended for children under § 1505.1 Definitions. lation, assembly, use, cleaning, mainte- ----years of age. As with all electric nance (including lubrication), and other products, precautions should be observed (a) The following definitions apply to functions as this Part 1505: appropriate. Applicable pre- during handing and use to prevent elec- cautions shall be included as well as the tric shock." The blank in the preceding (1) The term "electrically operated information required by paragraphs (b) toy or other electrically statement shall be filled in by the manu- operated article (1) and (2) of this section. The in- facturer, but in no instance shall the intended for use by children" means any structions shall also contain a statement toy, game, or other manufacturer indicate that the article Is article designed, addressed to parents recommending that recommended for children under 8 years labeled, advertised, or otherwise intended the toy be periodically examined for po- for use by children which of age if it contains a heating element. is intended to tential hazards and that any potentially In the case of other electrically operated be powered by electrical current from hazardous parts be repaired or replaced. nominal 120 volt (110-125 products which may not be considered to v.) branch cir- (4) If a toy is produced or assembled be "toys" but are intended for use by cuits. Such articles are referred to in at more than one establishment, the toy children, the term "ELECTRICAPY this part in various contexts as "toy" or and its shelf pack or package shall have "electrically OPERATED PRODUC'" may be substi- operated toy." If the pack- a distinctive mark (which may be in tuted for the term "ELECTRIC TOY." age (including packing materials) of the code) identifying the toy as the product toy or other article is intended to be (2) Thermal hazards. (1) Toys having of a particular establishment. Type C or Type D surfaces (described in used with the product, it is considered c) Rating. (1) A toy shall be marked to be part of the toy or other article. § 1505.6(g) (2)) which reach tempera- to indicate its rating in volts and also in tures greater than those shown in para- This definition does not include compo- amperes and/or watts. nents which are powered by circuits of graph (e) (2) (ii) of this section shall be (2) If a toy utilizes a single motor as defined as hot and shall be marked where 30 volts r.m.s. (42.4 volts peak) or less, its only electric energy consuming com- or articles designed primarily for use by readily noticeable when the hot surface ponent, the electrical rating may be is in view with the statement: "HOT- adults which may be used incidentally marked on a motor nameplate and need by children. Do Not Touch." When the marking is on not be marked elsewhere on the toy if other than the hot surface, the word § 1,505.2 Scopeof part. the nameplate is readily visible after the "HOT" shall be followed by appropriate motor has been installed In the toy. descriptive words such as "Molten Mate- This part sets forth the, requirements (3) A toy shall be rated for alternating rial," "Sole Plate," or "Heating Element," whereby electrically operated toys and current only, direct current only, or both and the statement "Do Not Touch." An other electrically operated articles in- alternating and direct current. alternative statement for a surface in- tended for use by children (as defined in (4) Tha alternating current rating tended to be handheld as a functional § 1505.1(a) C)) are not banned toys or shall include the frequency or frequency pax of the toy shall be "HOT ------banned articles under § 1500.18(b) (1) of range requirement; if necessary because Handle Carefully," the blank being filled this chapter. of a special component. in by the manufacturer with a descrip-

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 9-7033 tion of the potential hazard such as (3) The manufacturer or importer ment failure. A toy operating with a gas "Curler" or "Cooking Surface." shall keep and maintain for 3 years after or liquid under pressure, such as an elec- (ii)Surfaces requiring precautionary production or importation of each lot trically operated steam engine, shall be statements of thermal hazards are those of toys (I) the material and production tested with respect to its explosion haz- exceeding the following temperatures specifications and the description of the ard and shall be provided-with a pres- when measured by the test described in quality assurance program required by sure relief device that will discharge in § 1505.6(g) (4): paragraph (a) (2) of this section. (ID the safest possible direction; that is, the results of all inspections and tests avoiding direct human contact and conducted, and (I) records of sale and avoiding the wetting of electrical Surfae type Thermal Temperature (1 1505.6 inertia distribution. These records shall be made contacts. 0)(2)) type 1 Degrees C. DegreesF. available upon request at reasonable (e) Insulating material. (1) Material 1 65 149 times to any officer or employee of the to be used for mounting uninsulated live C 2 75 167 Consumer Product Safety Commisslon. electrical elements shall be generally ac- o _3 85 185 ap- 4 95 203 The manufacturer or importer shall per- cepted as suitable for the specific D.-- _ -- 1 55 131 mit such officer or employee to Inspect plication, particularly with regard to D , 2 70 155 and copy such records, to make such in- insulation (voltage breakdown) D 3 s0 176 electrical D_--- _ 4 90 104 ventories of stock as he deems necessary, and good aging characteristics (no sig- and to otherwise verify the accuracy of nLflcant change in insulating character- I Thermal inertiatypes are defined in terms oflambda such records. istics over the expected lifetime of the esfollows: (4) Toys shal be constructed and fin- toy). TypType e 1:s2: GreaterMore than tha 0.0350.045 but (e.g., not most more met). than 0.0345 ished with a high degree of uniformity (2) Material used to insulate a heating and as fine a grade of workmanship as element from neighboring parts shall be 3: More than 0.0001 but not more than 0.0335 is practicable in a well-equipped manu- suitable for the purpose. If plain asbestos (e.g., most plastics).a facturing establishment. Each compo- in a glass braid is used to so insulate the Type 4:0.0031 orless (e.g., future p erlm with the re- The thermal inertia of amtedal can be obtained by nent of a toy shall comply heating element. It shall be tightly multiplying the thermal conductivity caeM.!e- quirements set forth In this part. packed and totally enclosed by the braid, grees C.) by the density (gmIcm.9) by the specifccheat (b) [Reserved] and the overall thickness, including the (caLlgmdegrees C.) (c) Protective coatings.Iron and stel braid, shall not be less than one-six- (3) Lamii hazards-(l) Replaceable parts shall be suitably protected against teenth inch. Hard fiber may be used for incandescent lamps. A toy with one or corrosion if the lack of a protective coat- electrically insulating bushings, washers, more replaceable incandescent lamps, ing would likely produce a hazardous separators, and barriers, but is not suffi- having a potential difference of more condition in normal use or when the toy cient as the sole support of uninsulated than 30 volts rms. (42.4 volts peak) be- Is subjected to reasonably foreseeable live metal parts. tween any of its electrodes or lampholder damage or abuse. (f) Enclosures-(1) General. Each toy contacts and any other part or ground, (d) Mechanicat assembly-(1) Gen- shall have an enclosure constructed of shall be marked inside the lamp com- eral. A toy shall be designed and con- protective material suitable for the par- partment where readily noticeable dur- structed to have the strength and rigid- ticular application, for the express pur- ing lamp replacement with the state- ity necessary to withstand reasonably pose of housing all electrical parts that ment: "WARNING-Do not use light foreseeable damage and abuse without may present a fire, shock, or other acci- bulbs larger than - watts", the blank producing or increasing a shock, fire, or dent hazard under any conditions of being filled in by the manufacturer with other accident hazard. An increase In normal use or reasonably foreseeable a number specifying the wattage rating hazards may be due to total or partial damage or abuse. Enclosures shall meet of the lamp. Such toys shall bear the structural collapse of the toy resulting in the performance requirements prescribed statement: "WARNING--Shock Hazard. a reduction of critical spacings, loosen- by § 1505.6(b). Pull plug before changing light bulb" on ing or displacement of one or more com- the outside of the lamp compartment ponents, or other serious defects. (2) Accessibility. An enclosure con- where it will be readily noticed before (2) Mounting. Each switch, lamp- taining a wire, splice, brush cap, con- gaining access to the lamp compartment. holder, motor, automatic control, trans- nection, electrical component, or unin- (ii) Nonreplacement incandescent former, and similar component shall be sulated live part or parts at a potential lamps. A toy which utilizes one or more securely mounted and shall be prevented of more than 30 volts r.m.s. (42.4 volts nonreplaceable incandescent la m p s from turning, unless the turning of such peak) to any other part or to ground: (other than pilot or indicator lamps) component is part of the design of the (I) Shall be sealed bywelding, riveting, shall be marked where clearly visible toy and produces no additional hazard adhesive bonding, and/or by special with the statement: "SEALED UNIT- such as reduced spacings below accept- screws or other fasteners not removable Do not attempt to change light bulb" or able levels or stress on the connection. with a common household tool (screw- equivalent. Friction between tight-fitting surfaces driver, pliers, or other sim lar house- (4) Water. If not suitable for immer- shall not be considered sufficient for pre- hold tool) used as intended; and sion in water, a toy cooking appliance venting the turning of components. The (RI) Shall have no opening permitting (such as a corn popper, skillet, or candy-. proper use of a suitable lockwasher or a entry of a 0.010-inch-diameter music maker) or other article which may con- keyed and notched Insert plus a suitable wire that could contact a live part. ceivably be immersed in water shall be "lockwasher for singe-hole mountings Cross-notch-head screws, spring clips, marked with the statement: "DAN- shall be acceptable. Each toy shall be bent tabs, and similar fasteners shall not GER-To prevent electric shock, do not designed and constructed so that vibra- be considered suitable sealing devices for immerse in water; wipe clean with damp tions occurring during normal operation enclosures since they are easy to remove cloth" or equivalent. and after reasonably foreseeable damage with common household tools. Bent tabs or abuse will not affect It adversely. shall be acceptable If, due to metal thick- § 1505.4 Manufacturing requirements. Brush caps shall be tightly threaded or ness or other factors, they successfully (a) General. (1) Only materials safe otherwise designed to prevent loosening. resist forceful attempts to dislodge them and suitable for the particular use for (3) Structural integrity. Heating ele- with ordinary tools. which the electrically operated toy is ments shall be supported In a substantial (3) Nonapplication.The requirements intended shall be employed. and reliable manner and shall be struc- of this paragraph are not applicable to (2) Toys shall be produced in accord- turally prevented from making contacts an insulating husk enclosure or equiv- ande with detailed material specifica- inside or outside of the toy which may alent that covers the electrodes of a re- tions, production specifications, and produce shock hazptrds. The current- placeable incandescent lamp and' its quality assurance programs. Quality as- carrying component(s) of the heating lampholder contacts. The primary func- surance programs shall be established element shall be enclosed, and the en- tion of an enclosure containing a lamp and maintained by each manufacturer to closure shall be designed or insulated to shall be to protect It from breakage dur- assure compliance with all requirements prevent the development of a shock or ing normal use or reasonably foreseeable of this part. fire hazard that may result from ele- damage or abuse.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 27034 RULES AND REGULATIONS

(g) Spacings. The distance, through cloth shall -be constructed to prevent (2) A toy requiring a power cord shall air or across the surface of an insulator, seepage of water into any electrically have a flexible cord that is permanently between uninsulated live metal parts active area that may produce a haz- attached to the toy. and a metallic enclosure and between ardous condition. (3) The perimeter of the face of the uninsulated live metal parts and all other § 1505.5 Electrical design and construe- attachment-plug cap shall be not less metal parts shall be suitable for the spe- tion. than five-sixteenths of an inch from cific application as determined by the any point on either blade of the plug, dielectric strength requirements pre- (a) Switches. (1) Switches and other (4) The body of the attachment-plug scribed by § 1505.6(e) (2). Electrical in- control devices of electrically operated cap shall decrease in cross section from sulating linings on barriers shall be held toys shall be suitable for the application the face but shall have an expansion of securely in place. and shall have a rating not less than that the body, after a suitable distance from (h) Special safety features-() Mov- of the load they control (see § 1505.6 the face, sufficient to provide an effective ing parts. If the normal use of a toy in- (e) (5) (ii) regarding electrical switch finger grip. volves accident hazards, suitable protec- overload). A switch that controls a re- (5) A flexible electrical power cord tion shall be provided for the reduction placeable incandescent lamp, electrode, provided on h toy shall be type SP-2 of such hazards to an acceptable mini- or lampholder contact which is at a po- (as defined in the "National Electrical mum. For example, rotors, pulleys, belt- tential of more than 30 volts rans. (42.4 Code," Chapter 4, article 400, pages 184- ing, gearing, and other moving parts volts peak) to any other part or to 194 (1971),2 published by the National shall be enclosed or guarded to prevent ground shall open both sides of the cir- Fire Protection Association), or its equiv- accidental contact during normal use or cuit and shall have a marked "OFF" alent, or a heavier general-use type, and when subjected to reasonably foreseeable position. A switch that may reasonably shall be not less than 5 feet nor more damage or abuse. Such enclosure or be expected to be subjected to tempera- than 10 feet in length when measured as guard tures higher than 50* C. (1220 F.) shall shall not contain openings that 0 the overall length of the attached cord permit entrance of a -inch-diameter be conitructed of materials which are outside the enclosure of the toy, includ- rod and present a hazardous condition. suitable for use at such temperatures. ing fittings, up to the face of the attach- (2) Switch marking. Any toy having (2) Switches shall be located and pro- ment-plug cap. one or more moving parts which perform tected so that they are not subject to (6) A flexible cord and plug shall have an inherent function of the toy and mechanical damage that would produce a current-carrying capacity of not less which may cause personal injury shall a hazard in normal use or from rea- than the ampere rating of the toy. have a switch that can deenergize the sonably foreseeable damage or abuse (see (7) Cords on toys which are Intended toy by a simple movement to a plainly § 1505.6(b)). to come in direct contact with water or marked "OFF" positioh. Momentary con- (b) Lamps. (1) A replaceable incan- other liquids during use shall be of a tact switches which are normally in the descent lamp having a voltage of more jacketed type. Cords on toys with which "OFF" position need not be so marked. than 30 volts ran.s. (42.4 volts peak) water or other liquids are to be indirectly (3) Electrically operated sewing ma- between any of its -electrodes or lamp- used (such as for cooling a mold) shall chines. Electrically operated toy sewing holder contacts and any other part or be plastic covered. machines shall be designed and con- ground shall be in an enclosure that has (8) Transformers in which the pri- structed to eliminate the possibility of at least one door or cover permitting mary coil connects directly to the branch a child's finger(s) being pierced by a access to the lamp. Such door(s) or circuit outlet shall not be subject to the needle. For the purpose of this subpara- cover(s) of the enclosure shall be so requirements of paragraphs (e) (2). (4), graph, a clearance of not more than five designed and constructed that they can- and (5) of this section. thirty-seconds of an inch below the not be opened manually or with a flat (f) Bushings. (1) At the point where a point of the needle when in its upper- bladed screwdriver or pliers. power supply cord passes through an most position or below the presser foot, (2) With all access doors and covers opening in a wall, barrier, or the overall If provided, shall be considered satis- closed, the lamp enclosure shall have no enclosure of a toy, a suitable and sub- factory. opening that -will permit entry of a stantial bushing, insulating bushing, or (4) Pressure relief valves. A pressur- straight rod 6 inches long and one-fourth equivalent shall be reliably secured In ized enclosure shall have an automatic inch in diameter if such entry would place and shaithave smooth surfaces and pressure relief device and shall be capa- present an electrical hazard. The lamp well-rounded edges against which the ble of withstanding hydrostatic pres- shall be located no less than one-half cord may bear. sure equal to at least five times the relief inch from any -inch-diameter open- . (2) If a cord hole s in wood, porcelain, pressure. ing in the enclosure. phenolic composition, or other suitable (5) Containers for heated materials. (3) A toy having one or more lamp- insulating material, the surface of the Containers intended for holding molten holders shall be designed and constructed hole Is acceptable without a bushing if compounds and hot liquids shall be de- so that no live parts other than the con- the edges of the hole are smooth and signed and constructed to minimize ac- tacts of the lampholders are exposed to well-rounded. Where a separate insulat- cidental spillage. A pot or pan having a contact by persons removing or replac- ing bushing is required, a bushing made lip and one or more properly located ing lamps. The shells of all. lampholders of ceramic material or a suitable molded pouring spouts and an adequately ther- for incandescent lamps shall be at the composition is acceptable If Its edges are mally insulated handle may provide sat- same potential. smooth and well-rounded. 1sfactory protection. Containers intended (4) If the potential between the con- (3) In no Instance shall a separate solely for baking need not be'designed tacts of a lampholder for a replaceable bushing of wood, rubber, or any of the and constructed to minimize accidental incandescent lamp and any other part hot-molded shellac-and-tar compositions spillage. Containers shall be of such-ma- or ground is greater than 30 volts r.ms. be considered acceptable. terial and construction that they will (42.4 volts peak), the contacts shall be (g) Wiring. (1) The internal wiring of not deform or melt when subjected to located in an insulating husk or equiva- a toy shall consist of suitable insulated the maximum operating temperature lent. conductors having adequate mechanical occurring during normal use or after (c) Transformers. Transformers that strength, dielectric properties, and elec- reasonably foreseeable damage or abuse. are integral parts of toys shall be of the trical capacity for the particular appli- (6) Water. Electrically operated toys 2-coil insulated type. cation. (such as toy irons) shall not be designed (d) Automatic controls. Automatic (2) Wireways shall be smooth and on-' or manufactured to be used with water controls for temperature regulation shall tirely free of sharp edges, burrs, fins, and except for toy steam engines or other have the necessary capacity and relia- moving parts that may abrade conductor devices in which the electrical compo- bility for their particular application. insulation. Each splice and connection nents are separate from the water res- (e) Power supply connections (cords ervoir and are completely contained in and plugs). (1) A toy shall be provided 2 Copies may be obtained from: National a sealed chamber. Toys requiring occa- with a suitable means for attachment Fire Protection Association, 60 Batterymarch sional or repeated cleaning with a wet to the power supply circuit. Street, Boston, MA 02110.

. FEDERAL REGISTER, VOL. 38, NO. 187-THURSDAY, SEPTEtMBER 27, 1973 RULES AND REGULATIONS 2-7035 shall be mechanically secure, shall pro- surface or surrounding structure which opening that may pinch the hand, or vide adequate and reliable electrical con- prevents access to a real or potential breakage of the means used to fasten the tact, and shall be provided with insula- hazard. An enclosure shall withstand handle or knob In place. tion at least equivalent to that of the impact, compression, and pressure tests (2) Crushingtest. The functional por- wire involved unless adequate spacing be- (see paragraphs (b) (1), (2), and (3)of tion of a handle or knob shall be sub- tween the splice and all other metal parts this section) without developing any jected to a crushing force Increasing to is permanently assured. openings above those specified, reduction 20 pounds over a period of 5 seconds and (3) A wire connector for making a of electrical spacings below those speci- maintained for 1 minute. The force shall splice in a toy shall be a type that is fied, or other fire, casualty, or shock be applied through two flat and parallel applied by a tool and for which the ap- hazards, including the loosening or dis- hardwood blocks, each at least 222 Inches plication force of the tool Is independent placement of components but excluding thick and each having dimensions of the force applied by the operator. breakage of a lamp. After completion of slightly exceeding those of the handle or (4) Soldered connections shall be made each test, the toy shall comply with the knob being tested. The crushing force mechanically secure before soldering. requirements of the dielectric strength between the blocks shall be exerted in (5) Current-carrying parts shall be test described in paragraph (e) (2) of any direction perpendicular to the major made of silver, copper, a copper alloy, or this section and, upon visual examina- axis of the handle or knob. other electrically conductive material tion, shall not evidence the development (3) Lilting test. The support portion suitable for the particular application. of any hazards. Rupture of a fuse shall of a handle or knob shall be subjected to (h) Strainrelief. (1) A means of strain be considered a test failure. a force equal to four times the weight of relief shall be provided to prevent me- (1) Impact test. A toy weighing 10 the object it is intended to support. The chanical stress on a flexible cord from pounds or less shall be dropped four direction of the lifting force shall be as being transmitted to terminals, splices, or times from a height of 3 feet onto a 2Y2 intended by the design of the toy and Interior wiring. inch thick concrete slab covered with shall be applied through a N-inch-wide (2) If suitable auxiliary insulation is 0.125 inch nominal thickness vinyl tile. strap through or around a handle or by provided under a clamp for mechanical The impact area shall be at least 3 square fingers or the equivalent on a knob. The protection, clamps of any material are feet. The test shall be conducted while force shall be applied over a period of 5 acceptable for use on Type SP-2 (as de- the toy is energized and operating and seconds through the center of gravity fined in the "National Electrical Code," with all dead metal of the toy that may of the toy and maintained for 1 minute. chapter -4, article 400, pages 184-194 be energized connected together electri- d)" Stability. A toy shall not overturn (1971)i published by the National Fire' cally and grounded through a 3-ampere while resting in an upright position on a Protection Association), or equivalent plug fuse. The toy shall be dropped in flat surface Inclined 15" from horizontal. rubber-insulated cord. For heavier types random orientation. After each drop the No spillage of molten material or hot of thermoplastic-insulated cord, clamps test sample shall be allowed to come to liquids from containers shall occur while may be without auxiliary insulation un- rest and examined and evaluated before the toy is operating in this position under less the clamp may damage the cord in- continuing. normal conditions of use. During this sulation. (2) Compression test. Any area on the 'test, casters, if any, shall be in the posi- (3) A flexible cord shall be prevented surface of the enclosure that Is accessible tion most likely to result In tipping, but from being pushed into the toy through to a child and inaccessible to fIlat-surface shall not be artificially held in one posi- the cord-entry hole if such displacement contact during the Impact test shall be tion to prevent a natural rotation to an- would result in a hazardous condition. subjected to a direct force of 20 pounds other position. (4) A knot in the cord shall not be for 1 minute. The force shall be applied (e) ELectrical-(l) Power input. The considered an acceptable means of strain over a period of 5 seconds through the actual current flow in a toy without a relief, but a knot associated with a loop axis of a %-:inch-diameter metal rod heating element shall not exceed 110 per- around a smooth, fixed structural com- having a flat end with the edge rounded cent of the rated value, and shall not ex- ponent shall be considered acceptable. to a radius of one thirty-Aecond of an ceed 5.5 amperes, at rated voltage. The () Additional requirements.Except for inch to eliminate sharp edges. The axis power input to a-toy with a heating ele- the electrodes of a replaceable incandes- of the rod shall be perpendicular to the ment shall not exceed 105 percent of the cent lamp and its lampholder contacts, a surface being tested. During the test the rated value at rated voltage. The power potential of more than 30 volts rms. toy shall rest on a flat, hard surface in input rating of a toy employing one or (42.4 volts peak) shall not exist between any test-convenient position. more incandescent lamps as the only any exposed live part in a toy and any (3) Pressuretest. If any portion of the power-consuming components shall be other part or ground. top of a toy has a flat surface measuring considered to be the total rated wattage 24 square inches or more and a minor § 1505.6 of such lamps. The rated voltage shall be Performance. dimension of at least 3 inches. that sur- considered to be the mean value of a (a) General. Electrically 'operated face shall be subjected to a direct verti- marked voltage range. toys and components thereof shall be cal pressure Increasing to 50 pounds (2) Dielectricstrength. (i)A toy shall tested by the appropriate methods de- over a period of 5 seconds and main- be capable of withstanding without. scribed in this section and shall pass the tained for 1 minute. The force shall be breakdown for 1 minute a 60-cycle-per- tests in such a manner as to provide the applied through a steel ball 2 inches in second (60 Hertz) essentially sinusoidal necessary assurance that normal use and diameter. During the test the toy shall potential of 1,000 volts applied between reasonably foreseeable damage or abuse be in an upright position on a flat, hori- live parts and any dead metal parts. will not produce a hazard or a potentially zontal solid surface. (il) If a toy employs a low-voltage sec- hazardous condition. The toy shall be c) Handles and knobs-(1) General. ondary winding (either in the form of a capable of passing all applicable tests For the purposes of tests in this para- conventional transformer or as an in- with any door, cover, handle, operable graph, the parts of a lifting handle on sulated coil of a motor), the toy shall also part, or accessory placed in any normal a toy that are within seven-sixteenths be capable of withstanding without position. A toy shall not present a fire, of an inch of the surface to which the breakdown for 1 minute a sinusoidal casualty, or shock hazard when operated handle is attached, or the parts of a lift- test potential applied between the high- continuously for 6 hours under condi- ing knob that are within one-fourth inch voltage and low-voltage windings. The tions of normal use and reasonably fore- of the surface to which the knob is at- test potential shall be applied at the seeable damage or abuse, including the tached, are considered to be for support rated frequency of the toy and shall have most hazardous position in which the purposes, and the remainder of the a value of 1,000 volts plus twice the rated toy can be left. handle or knob is considered to be gen- voltage of the high-voltage winding. The (b) Enclosures. For purposes of this erally functional in nature. A handle or test potential shall be supplied from a section, the term "enclosure" means any knob shall withstand crushing and lift- sultable capacity-testing transformer, the output voltage of which can be reg- 3 Coples may be obtained from: National Ing tests (see paragraphs c) (2) and ulated. The waveform of the test voltage Fire Protection Association, 60 Batterymarch (3) of this section) without fracture of shall approximate a sine wave as closely Street, Boston, MA 02110. the handle or knob, development of.an as pos3lble.

No. 187-Pt. II- FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 27036 RULES AND REGULATIONS

(iii) The applied test potential shall be "American National Standard for Leak- metal parts of the toy shall be so con- increased rapidly and uniformly from age Current for Appliances," approved nected as to be positive with respect to zero until the required test value is November 17, 1970' published by Amer- a single pole, current-rupturing device. reached and shall be held at that value ican National Standards Institute. The switch shall be operated at a rate for I minute. Unless otherwise specified, of not more than 10 cycles per minute. the toy shall be at the maximum operat- The toy shall then be removed from the humidity chamber, energized, and The performance of the toy shall be ing temperature reached in normal use considered unacceptable if the fuse In prior to conducting the tests. tested again after attaining its normal operating temperature. From these the grounding connection Is blown dur- (iv) The dielectric strength require- ing the test. ments of this subparagraph may also be measuremepts, a leakage current with no resistance shall be calculated and used (f) Hydrokinetic-(1) General. Elec- determined by subjecting the toy to a 60- trically operated toy steam engines shall cycle-per-second (60 Hertz) essentially to determine compliance. (v) For a toy whose outer enclosure be capable of performing acceptably sinusoidal potential of 1,200 volts for 1 when subjected to the tests described in second. If the dielectric strength is de- consists wholly or partly of insulating material, the term "dead metal part" this paragraph. termined by this method, the toy need (2) not means metal foil tightly wrapped around Preliminary test. The ultimate be in a heated condition. strength of the boiler assembly shall (3) Leakage current and repeated di- the exterior of the enclosure in a manner that covers, but does not enter into, any first be determined by applying a hydro- electric withstand tests. (i) Both before static pressure and after being enclosure openings. to the boiler with all open- conditioned, a toy in- ings blocked (the pressure-relie4 valve, tended to operate from a source exceed- (4) Motor operation. (I) A motor pro- vided as part of a toy shall be capable of steam exhausts, and any whistle or other ing 42.4 volts peak shall: accessory shall be removed (a) Not have a leakage current ex- driving its maximum normal load in the and the re- toy without introducing any potentially sulting openings sealed); however, a ceeding 0.5 milliampere, except that dur- water ing the interval hazardous condition. The performance or other type of gage shall be left beginning 5 seconds and in place. The hydrostatic pressure terminating 10 minutes after the toy is of the toy shall be considered unaccept- shall first able if, during the test, temperatures in be applied slowly and the ultimate value energized, the leakage current of which is attained toys with heating elements other than excess of those specified in § 1505.7 for shall be recorded. lamps shall not exceed 2.5 milliamperes; Type D surfaces are attained on any ac- (3) Pressure-relief test. A pressure and cessible surface. The performance of the gage shall be connected to the boiler as- toy shall also be considered unacceptable sembly which shall then be operated (b) Comply with the requirements of a normally. The pressure at which repeated dielectric if the rise in temperature during the the withstand test both test pressure-relief valve functions shall be with and without preheating. causes melting, scorching, embrittle- ment, or other evidence of thermal dam- noted while the engine Is shut off (if a (ii) All accessible parts of a toy shall age to the insulating material used to shutoff valve is provided) and with the be tested for leakage current. If an in- prevent exposure of live metal parts. whistle, if any, turned off. The test shall sulating material is used for the en- (ii) be discontinued and shall be considered a closure A motor-operated toy shall be or part of the enclosure, the leak- tested with the motor stalled if the con- failure If the observed pressure exceeds age current shall be measured using a one-fifth the value attained In the pre- metal foil struction of the toy is such that any with an area not exceeding -10 person can touch moving parts associated liminary test described In Paragraph by 20 centimeters in contact with. ac- with (f) (2) of this section. cessible the motor from outside the toy. The qurfaces of such insulating ma- performance of the toy shall be con- (4) Operating pressure test. If the terial. Where the accessible surface of sidered unacceptable boiler is still intact and no failure has insulating material if, during the test, is less than 10 by 20 temperatures higher than those specified occurred, the pressure-relief valve shall centimeters, the metal foil shall be the in § 1505.8 then be rendered inoperable and all same are attained or if tempera- size as the surface. The metal foil tures higher than those specified for ,other valves (such as a whistle and ex- shall be so applied that it will not affect Type C surfaces in § 1505.7 are attained haust from the assembly) shall be tightly the temperature of the toy. The acces- on any accessible closed. Operations shall be continued sible parts shall surface of the motor. be tested individually, (5) Overload-(i) Motor. A motor- until the presure becomes constant. This collectively, and from one part to control switch that is a part of a toy test shall be discontinued and shall be another. shall be horsepower-rated to cover the considered a failure If the observed pres- (iII) Following the initial leakage cur- load or shall be capable of performing sure exceeds one-third the value attained rent test, the toy shall be cooled down or acceptably when subjected to an over- In the preliminary test described in par- heated up to 320 C. (90* F.). The toy shall load test consisting of 50 cycles of opera- agraph (f) (2) of this section. During this then be conditioned for 48 hours in air test, all valves, ° tion by making and breaking the stalled- gaskets, Joints, and simi- at a temperature of 32°±2 C. rotor current of the toy at maximum lar components shall be sufficiently (89.60±3.60 F.) and with a relative rated voltage. There shall be no electrical tightened to prevent leakage. Rupture humidity of 90-95 percent. The specified or mechanical failure nor any visible of the boiler or of any other fittings sup- relative humidity shall be maintained burning or pitting of the switch contacts plied with the engine shall be considered Inside a closed compartment in which'a as a result of this test. a failure. saturated solution of potassium sulphate (ii) Switch. To determine if a motor- (5) Hydrostatic test. f there has been is kept in a suitable container. Leakage no failure, two previous untested toys current measurements control switch is capable of performing shall be made, as acceptably when, subjected to overload shall withstand for 1 minute a hydro- specified in paragraph (e) (3) (ii) of this conditions, the static pressure of 5 times the pressure section and before the toy toy shall be connected to is energized, a grounded supply circuit of rated fre- at which the safety valve operated or while the toy is in the humidity 3 times the constant pressure ob- compartment. quency and maximuln rated voltage with the rotor of the motor locked into posi- served with the presure-rellef valve in- (iv) With the connections intended tion. During the test, exposed dead metal operable, whichever is greater, During for the source of supply connected there- parts of the toy shall be connected to this test, all openings shall be blocked to and then connected to the ungrounded ground through (the pressure-relief valve, steam exhaust side of a a 3-ampere plug fuse power supply circuit having a such that any single pole, current-rup- from the assembly, and any whistle or voltage equal to 110 percent of the rated turing device will be located in the un- other outlet); however, a water or other voltage of the toy, the leakage current grounded conductor of the supply circuit. type of gage shall remain in place. Rup- through a noninductive 1,500-ohm re- If the toy is'ntended for use on direct ture of the boiler or of a gage shall be sistor connected between the grounded current, or on direct current considered a failure. side of the supply as well as circuit and each dead alternating current, the exposed dead. (g) Thermal-(I), General. The nor- metal part (accessible and inaccessible) mal operation of a toy Includes shall, when stable, perform- be measured in ac- 4 Copies may be obtained from: American ance in normal use and after being cordance with the test provisions estab- National Standards Institute, 1430 subjected to lished Broad- reasonably foreseeable dam- in ANSI Standard C 101.1-1971, way, New York, NY 10018. age or abuse likely to produce the

FEDERAL REGISTER,*1 VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 RULES AND REGULATIONS 27037

(3) Requirements. When tested under thermal contact will result from securely highest temperatures or, in the case of taping or cementing the thermocouple motor-operated toys, the load that most the conditions described in paragraph (g) (4) of this section, a toy shall not in place. If a metal surface is involved. closely approximates the severest con- or soldering the thermocouple ditions of normal use or reasonably fore- attain a temperature at any point suffi- brazing ciently high to constitute a fire hazard or to the metal may be necessary. The sur- seeable damage or abuse. face temperatures of a toy shall be (2) Classification.Parts or surfaces of to adversely affect any materials em- ployed and shall not show a maximum measured with the toy operating hi any a toy are classified according to their unattended condition (e.g., with and use or function as follows (for the pur- temperature higher than those estab- lished by §§ 1505.7 and 1505.8. These without opening and closing doors or poses of paragraph (g) (2) (v) (vi), and covers) for a sufficient period of time to (vii) of this section, accessibility shall maximum surface temperature require- ments are not applicable to educational- allow temperatures to become constant, be defined as the ability to reach a heated a thermo- 3 or hobby-type products such as lead- or. In the case of a toy with surface with a Y/-inch-diameter rod statically controlled heating element, for inches long) : casting sets and wood-burning tools which are appropriately labeled on the a sufficient period of time to determine (i) Type A. A part or surface of a toy at- by shelf pack or package as being intended the maximum surface temperature (such as a handle) likely to be grasped tained. A temperature shall be consid- the hand or fingers for the purpose of only for children over 12 years of age provided that the maximum surface tem- ered to be constant when three succes- carrying the toy or lifting a separable lid. slve readings taken at 15-minute inter- (ii) Type B. A part or surface of a toy perature of any such toy does not exceed or that reasonably required to accomplish vals indicate no change. that is (a) part of a handle, knob, Heating devices. Toy ovens, cast- similar component, as in Type A (de- the intended technical effect. Such toys (III) shall be provided-with specific instruc- ing toys, popcorn and candymakers, and scribed in-paragraph (g) (2) (1) of this insertion of any section), but which is not normally tions and the warning statements re- other toys requiring the § 1505.3 materials or substances shall be addi- grasped or contacted by the hand or fin- quired by and in accordance with (d) and (e), and shall be appropriately tionally tested by feeding crumpled strips gers for carrying (including parts of a into or an identified as educational or hobby-type of newspaper and tissue paper handle within seven-sixteenths of onto the toy In place of the intended inch of the surface to which the handle products. (4) Test conditions-() General. materials or substances. The test strips is attached and parts of a finger knob be conditioned for at least 48 hours within :V4 inch of the surface to which Tests shall be conducted while the toy shall is connected to a circuit of 60-cycle-per- in air at; a temperature of 25=:40 C. the knob is attached, if the remainder of ° humidity of the knob is large enough to be grasped), second (60 Hertz) current using the ma- (7°±7 F.) and a relative terials supplied with the toy or using 50 percent _5 percent. The test strips or (b) a handle, knob, or part that may be 2 inches wide by 8 inches long be touched but which need not be grasped materials otherwise intended to be used shall with the toy. Following such tests, the before crumpling. The crumpled paper for carrying the toy or lifting a lid, door, of or toy shall be energized for a 6-hour pe- shall occupy not more than 25 percent or cover (e.g., support part of a handle the accessible volume. The performance knob). riod to determine that no hazardous con- ditions would result from unattended use of the toy shall be considered unaccept- (iii) rype C. A part or surface of a toy within a 60-minute that can be touched by casual contact or of the toy. able if flaming occurs (it) Temperature. Normally, tests period following the attainment of nor- that, can be touched without employing temperatures. If a light the aid of a common household tool shall be performed at an ambient (room) mal operating temperature of 250 C. (77" F.); however, bulb is used for heating purposes, the test (screwdriver, pliers, or other similar be conducted using the largest watt- household tool) and that is either (a) a a test may be conducted at any ambient shall temperature within the range of 210 to age bulb that can be easily inserted into surface that performs an intended heat- the socket. ing function (e.g., the soleplate of a flat- 30* C. (69.80 to 86" F.). iron, a cooking surface, or a heating ele- (1i) Voltage. The toy shall be tested (h) Strain-relief test. (1) The strain- ment surface), or (b) a material heated at the -voltage indicated in the manu- relief means provided on the flexible by the element and intended to be used facturer's rating, or at 120 volts, which- power cord of a toy shall be capable of -asthe product of the toy, excluding pans, ever is greater. withstanding a direct pull of 35 pounds dishes, or other containers used to hold (5) Temperature measurements-l) applied to the cord for 2 minutes without the material to be cooked or baked if a General. Temperatures shall be meas- displacement of the strain-relief unit or common utensil or other device Is sup- ured by means of instruments utilizing a deformation of the anchoring surface plied with the toy and specific Instruc- thermocouples of No. 30 AWG (Ameri- that would produce a stress whicb. would tions are established for using such a de- can Wire Gage) wire (either copper and result in a potentially hazardous con- vice to remove the container from the constantan or iron and constantan) and dition. A 35-pound weight shall be at- heated area. potentiometer-type instruments that are tached to the cord and supported by the (iv) Type C marked. A Type C surface accurate and are calibrated in accord- toy In such a manner that the strain- which has been marked with a precau- ance with current good laboratory prac- relief means Is stressed from any angle tionary 6tatement of thermal hazards in tices. The thermocouple wire shall con- that the construction of the toy permits. accordance with § 1505.3(e) (2). form with the requirements for "speclal" The test shall be conducted with the elec- (v) Type D. An accessible part or sur- thermocouples as listed in the table of trical connection within the toy discon- face of a toy other than Types A, B, C, limits of error of thermocouples (Table nected. or E (see paragraphs (g) (I), (i), (ill) VII) in "American Standard for Tem- (2) The Initial 2-minute test shall be and (vii) of this paragraph). perature Mleasurement Thermocouples, conducted with the force vector parallel (vi) Type D marked. A Type D surface C96.1-1964-"' approved June 9, 1964, by to the longitudinal axis of the cord and which has been marked with a procau- American National Standards Institute, perpendicular to the anchoring.surface tionary statement of thermal hazards in Inc. The Standard was sponsored and of the strain-relief unit. Each test at accordance with § 1505.3(e) (2). published by the Instrument Society of other angles of stress shall be conducted in an America. for periods of 1 minute. The strain-re- (vii) Type E. A heated surface The thermo- oven or other article that is inaccessible (il) Test procedures. lief means is not acceptable if, at the couple junction and adjacent thermo- point of, disconnection of the cord, there or protected by an electrical-thermal be securely held Such interlocks shall couple lead wire shall Is any movement of the cord to indicate safety interlock. with the sur- prohibit the operation of a heating device in good thermal contact that stress would have resulted on the whenever -such surfaces are accessible face of the material whose temperature connections. and shall not allow accessibility to such (3) Except for toys weighing more surfaces until the temperatures of those Copies may be obtained from: Instrument than 10 pounds, the strain-relief unit have been reduced to levels be- Society of America, 530 William Penn Place, surfaces Pittsburgh, PA 15219. and its support base shall be designed low those established for Type D surfaces and constructed in such a manner that (paragraph (g) (2) Cv) of this section). Ls being measured. In most cases, good

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973 27038 RULES AND REGULATIONS

no indication of stress would result which § 1505.8 Maximum aecceptable material temperatures. would produce a hazard when the cord The maximum acceptable material temperatures for electrically operated toys is held firmly in place 3 feet from the shall be as follows (Classes 105, 130, A, and B are from "Motors and Generators," strain-relief unit and the toy is dropped Standard MG-1-1967' published by the National Electrical Manufacturers the 3 feet at any angle. Association): § 1505.7 lMaximum acceptable surface temperatures. Material Degrees C. Degrees F. The maximum acceptable surface temperatures for electrically operated Capacitors ------Q) () Class 105 insulation on windings2 or relays, solenoids, ete.: toys shall be as follows: T herm oeouplem ethod ...... -- 0 14 Rlesistancesmethod ------110 230 Class 130 insulation system ------110 230 Surface type 'Thermal Temperatures Insulation (as described Inertiat Varnished-cloth Insulation ------85 185 In § 1605.0 type C. oF. Fiber used as eletrical insulation ..------Q0 1ot (g)(2)) Class A Class B Class A Class II A ------1 Insulation on coil windings of a.c. motors (not Including universal A. .------2 motors) and on vibrator coils: A ------3 In open motors and on vibrator coils-thermocouplo or resist- B .------1 an c e m e th od- ...... 10 0 12 0 ' 2 12 21( B ------2 In totally enclosed motors-thermocoupl orresistancemethod. 105 125 221 257 B ------Insulation on coil windings of d.c. motors and of universal motors: C (unmarked).. I In open motors: 2 ------C (unmarked). 2 Thernoconplemethod ------q0 110 191 230 C (unmarked). 3 Resistancemethod ..------100 120 212 213 C (unmarked).. 4 In totally enclosed motors: C marked-. 1 Thermocouple method ..------5 115 203 n3. ------C marked 2 PhenolicResstnce composition3 method------105- - - - - 1255 221I...... 257 C marked ------3 Phenolccompsition - O 1400..... C marked ------4 Rubber- or thermoplastic-Insulated wires and cor& ------..... o 140 ...... D (unmarked)._ 1 Sealing compound ------(1) (8) D (unmarked)_ 2 Supporting surface while the toy is operating normally ------0 0 194...... D (unmarked).. 3 W ood and other similar com bustible m aterial ------...... ------0 194 ...... D (unmarked).. 4 D marked-._ 1 D marked ------2 75 167 1 Ifthe capacltorbas no marked temperature° limit theamalmum acceptable temperatre will be nmtmed to I o D marked-..-- 3 100 212 65 C. (149P F.) for an electrolytic type and 50 C. (1946 F.) for other than an electrolytio type. D marked ..... 4 125 257 2 The temperature indicated refers to the hottest spot on thooutsldo surface of the coil measured by the therino' (3) couplemethod. 3 The limitations on rubber- and thermoplastic-insulated wires and cords and on plienolle composition do not Apply if the Insulation or the phenolic has been Investigated and found to have special heat-resistant propertie,4 or I Thermal Inertia types are definedan terms of lambda If the Insulation meets the thermal requirements. as follows: 4 40 less than melting point. nost m als_ 5 104 less than melting point. Typo 2: More than 0.05 tbutnot more than 0.0045 (e.g.. glass). Dated September 20, 1973. Type 3: More than 0. 001 but not more than 0.0005 SADYE E. DUNm, (e.g., most plastics). Secretary,Consumer Product. Type 4: 0. 10or less (e.g.,futurepolymeromaterals). The thermal inertia of a material can be obtained by Salety Commission. multiplying the thermal conductivity (cal.em-seej IFRDoc.7 -20429 Fled9-26-73;: am] degrees C.) by the density (gm./cm.3) by the specific heat (cal./gm./degrees C.). Copies may be obtained from: National Electrical Manufacturers Association, 155 East 2All types. a No limit. 44th Street, New York, NY 10017.

FEDERAL REGISTER, VOL 38, NO. 187-THURSDAY, SEPTEMBER 27, 1973