WEDNESDAY, MAY 16, 1973 WASHINGTON, D.C. Volume 38 ■ Number 94

Pages 12791-12884 PART I

(Part II begins on page 12871)

(Part III begins on page 12879)

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.

PRESIDENTIAL MEMORANDUM— International Commis- sion of Control and Supervision in Vietnam and Laos declared eligible for defense articles and services...... 1..... 12799

EXECUTIVE ORDER— Designating the International Tele­ communications Satellite Organization (IN TELSAT) as an international organization entitled to enjoy certain privi­ leges, exemptions, and immunities...... —...... U 12797

OCEAN DUMPING— EPA interim regulations for permits; effective 5 -1 6 -7 3 ...... 12871

EMPLOYMENT GRANTS— Labor Department broadens definition of "underemployed persons” to ease entry into summer jobs program; effective 5 -1 6 -7 3 ...... 12803

LIGHTWEIGHT MOTOR VEHICLES— DOT removes safety standard exemption for vehicles (except trailers and motorcycles) of 1,000 pounds or less; effective 1 -1 —74...... » 12808 DOT proposes redefinition of motorcycles to exclude certain three-wheeled vehicles; comments by 7 -1 6 -7 3 .. 12818

RURAL HOUSING— USDA proposal on loans to nonprofit organizations; comments by 6 -1 8 -7 3 ...... 12815

FIREWORKS— FDA proposal to ban certain devices; com­ ments by 7-16-73 ...... ~c...... 12879

COMBINATION DRUGS— FDA withdraws approval of cer­ tain rauwolfia alkaloids; effective 5—16-73...... 12840

COLOR ADDITIVES— FDA approves use of pyrogallol and ferric ammonium citrate in certain surgical sutures; effective 7 -1 6 -7 3 ...... 12803

OVER TH E COUNTER DRUGS— FDA requests data on in­ gredients of contraceptives and other vaginal products; comments by 7-16-73 ...... 12840

HAZARDOUS MATERIALS— DOT postpones mandatory effective date for classification, packaging, and transpor­ tation of corrosives; comments by 6 -3 0 -7 3 .______12807

(Continued inside) HIGHLIGHTS— Continued

SAVINGS AND LOAN ASSOCIATIONS— FHLBB clarifies NATIONAL FOREST— Interior Department order opening short-term liquidity requirement; effective 5 -1 6 -7 3 ...... 12801 lands in California...... 12838 WHEAT— USDA proposed amendment to standards; com­ INTERSTATE HOUSEHOLD MOVERS— ICC begins in­ ments by 7 -1 5 -7 3 ...... 12814 vestigation of liability limitation practices; comments by 6 -2 5 -7 3 ...... ,...... ¿...... 12820 ADVISORY COMMITTEE MANAGEMENT— OMB proposed guidelines on access to transcripts of proceedings and AIRLINES— meetings; comments by 6-15-73 ...... 12851 CAB suspends requirement for notice of limited liability MEETINGS— for passenger death, injuries, or loss of luggage...... 12802 USDA: San Juan National Forest Multiple Use Advisory CAB notice of IACA agreement'on uniform standards Committee, 6-8-73 ...... 12838 and practices for charter flight eligibility; comments by Civil Service: Committee on Private Voluntary Agency 6 -4 -7 3 ...... 12844 Eligibility, 5 -2 2 -7 3 ...... 12848 EPA: Hazardous Materials Advisory Committee, 5—29 TOUR CONTRACTS— ICC begins rulemaking proceedings and 5-30—73...... „ 12849 to define passenger broker operating authority; comments Civil Rights Commission: Wisconsin State Advisory by 7 -3 0 -7 3 ...... 12822 Committee, 5-18-73 ...... 12848 Michigan State Advisory Committee, 5-17-73 ...... 12848 MOTOR CARRIERS— Proposal to extend time for filing Delaware State Advisory Committee, 5-18-73...... 12848 replies to ICC proceedings; comments by 7 -2 3 -7 3 ...... 12822 Illinois State Advisory Committee, 5 -2 4 -7 3 ...... 12848

Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on official Federal w S ® ^ holidays), by the Office of the Federal Register, National Archives and Records Service, General Services Cn 1at 0 Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat, 500, as amended; 44 U.S.C., 9 Ch- 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution c Is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. O no CL o The Federal R egister provides a uniform system for making available to the public regulations and legal notices issued by the Executive Branch of the Federal Government. These include Presidential proclamations and Executive orders and Federal agency documents having general applicability and legal effect, documents required to be published by Act of "p Congress and other Federal agency documents of public interest. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable 9 in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually •ao bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office* "O U Washington, D.C. 20402. n s j < There are no restrictions on the republication of material appearing in the Federal Register.

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 Contents

THE PRESIDENT ATOMIC ENERGY COMMISSION Proposed Rules Notices Approval and promulgation of Executive Order Carolina Power and Light Co.; State implementation plans; Designation of International Tele­ availability of final environ­ opportunity for public comment communications Satellite Or­ mental statement______12842 on proposed transportation ganization (INTELSAT) as an Philadelphia Electric Co., et al.; and/or land-use control strate­ international organization------12797 order for evidentiary hearing— 12842 gies; correction______12819 Memoranda: Power Authority of the State of Viable spores of microorganism New York, et al.; hearing_____ 12842 Bacillus Thuringiensis Berliner; Memorandum o f April 26, 1973, specification; correction______12819 to Secretary of State------12799 CIVIL AERONAUTICS BOARD Notices EXECUTIVE AGENCIES Rules and Regulations Tariffs of air carriers and foreign Hazardous Materials Advisory AGENCY FOR INTERNATIONAL air carriers; modification of stay Committee; meeting______12849 DEVELOPMENT of effective date of certain pro- FARMERS HOME ADMINISTRATION Rules and Regulations visions ______12802 Proposed Rules Public contracts and property Notices management ------12804 Hearings, etc.: Rural housing site loan policies; procedures; and authorizations. 12815 Notices A irlift International, Inc., et al_ 12843 Delegations of authority, rfedele- International Air Carrier Asso­ FEDERAL AVIATION ADMINISTRATION gations of authority concern­ ciation ______12844 Rules and Regulations ing contracting and other International Air Transport As­ Transition area; alteration; cor­ related functions: sociation ______12846 rection ______12802 Assistant Administrator for Overseas National Airways, Programs and Management In c ______12846 Proposed Rules Services______12834 Priority and nonpriority domes­ Control zone and transition area; Chief, Participation Agency De­ tic mail rates investigation— 12845 alteration; correction_¿-si___ 12818 velopment ______<12837 Joint-use restricted area and con­ Chief, Excess Property/Division, CIVIL RIGHTS COMMISSION trolled airspace; designation et al______12837 Notices and alteration; correction------12818 Chief, Regional Operations D i­ State Advisory Committee meet­ vision, et al______12836 FEDERAL CROP INSURANCE ings: CORPORATION Director, Office of Contract Delaware______... ____ 12848 Management______12836 Rules and Regulations I llin o is ______12848 Federal Crop Insurance: AGRICULTURAL MARKETING SERVICE M ich ig a n ______12848 Cotton ______12810 Rules and Regulations Wisconsin ______'.------12848 Grain sorghum______12810 G r a p e ______12811 Nectarines grown in C alifornia; CIVIL SERVICE COMMISSION limitation of shipments______12811 S u ga rcan e______12811 Rules and Regulations W h e a t ______12811 Proposed Rules Excepted service : Raisins produced from grapés Commerce Department______12801 FEDERAL HOME LOAN BANK BOARD grown in California; proposed Executive Office of the Presi­ Rules and Regulations changes in liquidated damages dent ______12801 Liquidity requirements; amend­ and adjustments o f allocations ment _____ 12801 of reserve tonnage______12814 Notices Wheat standards; proposed clari­ Committee on Private Voluntary FEDERAL MARITIME COMMISSION fication ______12814 Agency Eligibility; meeting------12848 Notices Notices COAST GUARD Claurence A. Harnett, d/b/a, C. A. Harnett Co.; revocation of inde­ Grain standards; Nebraska in­ Rules and- Regulations spection point_____ ;______12838 pendent freight forwarder li­ Hampton Roads, Va., and adja­ cense ____ ... ------12849 AGRICULTURE DEPARTMENT cent waters; establishment of Certificates of financial responsi­ See also Agricultural Marketing anchorage grounds------— 12804 bility (oil p ollu tion ); revoked— 12849 Service; Animal and Plant Financial responsibility to meet Health Inspection Service; COMMERCE DEPARTMENT liability incurred for death or Farmers Home Adm inistration; See National Oceanic and At­ injury to passengers or other Federal Crop Insurance Cor­ mospheric Administration. persons on voyages (casualty) _ 12849 poration; Forest Service. Indemnification of passengers for Rules and Regulations DEFENSE DEPARTMENT nonperformance of transporta­ See Engineers Corps. tion (performance)______12850 Authority delegations: Port of Seattle and American Mail Director, Office of Budget and DEUWARE RIVER BASIN COMMISSION Lines, LTD; agreements file d .. 12850 Finance______12809 Notices R. B. Comar, Inc., revocation of Director, Office of Management independent freight forwarder Services______128Î0 Trout Rim Reservior, environ- mental statement______12848 license ______12850 a n im a l AND PUNT HEALTH TMT Trailer Ferry, Inc., order of in s p e c t io n s e r v ic e ENGINEERS CORPS investigation and suspension__ 12850 Rules and Regulations Rules and Regulations FEDERAL POWER COMMISSION Scabies in cattle; area released Lights and day signals------_ 12804 Proposed Rules from quarantine______1______12801 ENVIRONMENTAL PROTECTION AGENCY Certain transport and/or sales of ARMY DEPARTMENT liquefied natural gas______12819 Rules and Regulations See Engineers Corps. Ocean dumping; interim criteria. 12871 (Continued on next page) 12793

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 12794 CONTENTS

Notices Proposed Rules LABOR DEPARTMENT Hearings, etc.: Fireworks; denial of petition; pro­ Rules and Regulations Arkansas-Missouri Power Co__ 12824 posed classification as banned Grants under Emergency Employ- Boston Edison Co______^___ 12824 hazardous substances______12880 ment A ct o f 1971______12803 Cities Service Gas Co______12824 Notices Consolidated Gas Supply Corp_ 12825 LAND MANAGEMENT BUREAU El Paso Natural Gas Co______12825 Certain combination drugs con­ Notices First National Bank, Dallas et taining Rauwalfia Alkaloids; California, order providing for a l ______12825 withdrawal of new drug appli- opening of lands______;____ 12838 Florida Power Corp_____ !_____ 12826 cation for approval______!____ 12840 Georgia Power Co______12826 Over-the-counter drugs and MANAGEMENT AND BUDGET OFFICE Getty Oil Co______12826 other vaginal products; safety and efficacy review______12840 Notices Great Plains Land Co______12826 Advisory Committee management; Great Southern Oil & Gas Co., FOREST SERVICE Ine ______12826 guidelines and . management Notices control ------12851 Gulf OU Corp______12827 San Juan National Fofest Multi- Illinois Power Co__ 1______12827 ple Use Advisory Committee; NATIONAL HIGHWAY TRAFFIC SAFETY James S. Smith, et al______12827 meeting ______12838 Kansas Gas and Electric Co__ 12828 ADMINISTRATION M cCulloch Interstate Gas C orp. 12828 HAZARDOUS MATERIALS REGULATIONS Rules and Regulations National Power Survey Techni­ BOARD Lightweight motor vehicles; Fed­ cal Advisory Committees and Rules and Regulations eral motor vehicle safety stand­ Task Forces; order designat­ Classification of corrosive hazards; ards ______12808 ing additional members____ 12828 postponement of mandatory ef­ Proposed Rules National Power Survey Execu­ fective date______12807 tive Committee; order desig­ Motorcycles and three-wheeled nating additional members_ 12828 HEALTH, EDUCATION, AND WELFARE vehicles; motor vehicle safety Orange and Rockland Utilities. 12829 DEPARTMENT stan dards______12818 Pennsylvania Power Co______12829 See Food and Drug Administra­ Sea Robins Pipeline Co______12829 tion. NATIONAL OCEANIC AND ATMOSPHERIC Sierra Pacific Power Co______12830 ADMINISTRATION INTERIOR DEPARTMENT Skelly Oil Co., et al______12830 Notices Southern Natural Gas Co_____ 12831 See Land Management Bureau. Bernd G. Wuersig; application for Tennessee Gas Pipeline Co____ . 12831 Notices Texas Eastern Transmission economic hardship exemption.. 12838 Badlands National Monument, Japanese Village, Buena Park, C orp ------12831 South Dakota; availability of Transcontinental Gas Pipe Line Calif.; hearing regarding appli­ C orp ------12831 final environmental statem ent. 12838 cation for economic hardship Union Texas Petroleum et al_ 12832 INTERSTATE COMMERCE COMMISSION exem ption______12840 Rules and Regulations National Vertical Control Net; FEDERAL RESERVE SYSTEM Car service orders: proposed change of name_____ 12840 Notices Central Iowa Railway and De­ Acquisition of banks: SECURITIES AND EXCHANGE velopment Co______12808 COMMISSION Commerce Bancshares, Inc_ 12832 Chicago and North Western First Bancshares of Florida___ 12832 Transportation Co______12809 Notices United Alabama Bancshares, Illinois Central Gulf Railroad Hearings, etc.: I n c ______12834 Co ______,______12808 Aadan Corp______12852 United Virginia Bankshares, Proposed Rules American Patriots Fund, Inc__ 12852 Inc.; amended notice______12834 Hathdel Inc., formation of one Passenger brokers; interpretation Arkansas Power & Light Co___ 12852 bank holding company______12833 of operating authorities______12822 Goodway Inc______12853 Financial General Bankshares, Petition to amend general practice Inc., et al______12832 rules ______12822 SMALL BUSINESS ADMINISTRATION Practices of motor common car­ First International Bancshares, Notices Inc.; order denying acquisition riers of household goods; limita­ o f bank______12833 tions of liability______12820 Disaster relief loan availability: Marine Bancorporation; proposed Notices Alabama______— — 12853 acquisition of Globe Finance Co. American Export Lines, Inc., et al.; K a n sa s_w______12853 of Opportunity, Inc______12833 container interchange contracts, STATE DEPARTMENT FEDERAL TRADE COMMISSION petition for investigation_____ 12854 Assignment of hearings______12854 See Agency for International De­ Rules and Regulations velopment. Prohibited trade practices; Illinois Illinois Central Gulf Railroad Co., Central Industries, Inc. and Mi­ exception from car service ru les. 12855 TARIFF COMMISSION das International Corp.; correc­ Motor carrier alternate route de­ tion ------12802 viation ...______12855 Notices FOOD AND DRUG ADMINISTRATION Motor carrier applications and Dual in-line reed relays; com­ certain other proceedings______12856 plaint received------12853 Rules and Regulations Motor carrier board transfer pro­ Food additives permitted in food TRANSPORTATION DEPARTMENT for human consumption; endo- ceedings ______12860 thall; correction______12802 Motor carrier temporary author- See Coast Guard; Federal Avia­ Pyrogallol and ferric ammonium ity applications (2 documents) _ 12860, tion Administration; Hazardous citrate; listing of color additives 12864 Materials Regulations Board; for drug use exempt from certi­ Motor carrier intrastate applica­ National Highway Traffic Safe­ fication ______12803 tions ______12866 ty Administration.

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 CONTENTS 12795

List of CFR Parts Affected

The following numerical*uide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today’s issue A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. In the last issue of the month the cumulative list will appear at the end of the issue. . “ 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.

40 CFR 3 CFR 14 CFR 71 ______12802 227______12872 Executive Orders: 9.9.1 ______12802 P roposed R ules: 11227 (revoked by EO 11718)------12797 P roposed R ules: 52______12819 11277 (revoked by EO 11718)------12797 180______12818 11718______12797 71 (2 documents)------______12818 73 ______12818 Presidential D ocuments O ther 41 CFR 12804 Than Proclamations and Ex ­ 16 CFR 7-1___ ecutive Orders: 7-2___ 12806 13 ______12802 12806 1973_ 12799 7-3___ Memorandum o f April 26, 7-4___ 12806 5 CFR 18 CFR 7-7___ 12807 7-8___ 12807 213 (2 docum ents)------______12801 P roposed R ules: 12807 157 ______12819 7-10— 7-12— 12807 7 CFR 7-16— 12807 2 (2 documents)------12809, 12810 21 CFR 401 (4 documents)------12810, 12811 ______12803 49 CFR 12811 8------411______121______12802 171 ______12807 tnfi _____ 12811 172 ______12807 P roposed R ules: 173 ______12807 Proposed R ules: 181 ______12880 _____ 12807 ____ 12814 174 ______26______191d______12880 175 ______- _____ 12807 989 ______12814 ______12807 _12815 177______1822______29 CFR 571______12808 1033 (3 documents) 12808, 12809 9 CFR 55______12803 73______12801 P roposed R ules: 33 CFR Chs X ______12822 12 CFR ______12804 1056______12820 110______12822 523 ______12801 2 0 1 ______12804 1100—,______

FEDERAL REGISTER. VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 12796 CONTENTS

REMINDERS (The items in this list were editorially compiled as an aid to F edekal R egister 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.)

Rules Going Into Effect Today Next Week’s Deadline for Comments on HAZARDOUS MATERIALS REGULA­ Note: There were no items published after Proposed Rules TIONS BOARD— Request for infor­ October 1, 1972, that are eligible for in­ MAY 21 mation for environmental impact clusion in the list of Rules Going I nto APHIS— Viruses, serums, toxins, and statements; Hazard Information Sys­ Effect T oday. tem...... 10117; 4-24-73; analogous products.... 7467; 3-22-73 Next Week’s Hearings Flammable, combustible, and pyro­ CUSTOMS— Foreign military personnel; M A Y 21 page no- phoric liquids; definitions.. 10118; IV,MT and date free entry privileges (including duty­ ILSRO— Wildwood Valley, Grenco Real 4-24-73 free alcoholic beverages)...... 9670; Estate Investment Trust et al; to be MAY 23 held at room 10150, HUD Building, 4 -1 9 -7 3 APHIS— Definition of importation. Washington, DC 20410...... 10974; EDUCATION OFFICE— Indian Elemen­ 9829; 4-20-73 FAA— Alteration of Salisbury, Md., con­ 5 -3 -7 3 tary and Secondary School Assistance trol zone and transition area.. 10011; LABOR— Recommendation of minimum Act ...... 10738; 5-1-73 4-23-73 wages for certain Puerto Rican indus­ EPA— Endosulfan; tolerances for resi­ tries...... 9031; 4-9-73 INDIAN AFFAIRS BUREAU— Issuance of MINES BUREAU— Metal and nonmetal- dues...... 9832; 4-20-73 patents in fee, certificates of compe­ lic underground mines, to be held at — Forms and guidelines for acquisi­ tency, removal of restrictions, and the Airport Holiday Inn, 4040 Quebec, tion of information from owners sale of certain Indian lands.... 10081; 4-23-73 Denver, Colo...... 10156; 4-25-73 and operators of point sources sub­ RECLAMATION BUREAU— Draft environ­ NHTSA— Occupant crash protection; ject to National Pollutant Discharge seatbelt interlock option...... 9830; mental statement for the initial stage Elimination System...... 9740; of Garrison Diversion Unit, N. Dak., 4-20-73 will be held in Minto, N. Dak., in the 4 -1 9 -7 3 SSS— Procedures for classification of Armony Arena...... 9448; 4 -1 6 -7 3 — Xylene; exemption from the require­ registrants...... 10016; 4-23-73 MAY 22 ment of a tolerance...... 9832; MAY 24 COMMERCE— Disposition of beached, 4 -2 0 -7 3 FAA— Designation and alteration of a joint-use restricted area and con­ stranded, injured, sick, forfeited, con­ FCC— Antenna monitors in standard trolled airspace in a portion of the fiscated, and dead marine mammals. broadcast stations with directional 12145; 5-9-73 VFR corridor between El Paso, Tex., antennas; standards for design and FEDERAL-STATE LAND USE PLANNING and Alamorgordo, N. Mex ... 10117; COMMISSION FOR ALASKA— Use and installation of sampling systems. 4-24-73 management of national interest 5666; 3-2-73 FCC— FM Broadcast stations in Tupelo, lands. Held at San Francisco, Calif. — Transmission of motion pictures for Miss...... 9835; 4-20-73 SBA— Loans to State and local develop­ 9188; 4-11-73 distribution to hotel rooms.. 2766; ment companies; increase of interest RECLAMATION BUREAU— Draft environ­ 1 -3 0 -7 3 mental statement for the initial stage rate of section 502 loans.... 10121; of Garrison Diversion Unit, N. Dak., — FM Broadcast stations; table of as­ 4-24-73 will be held in Minot, N. Dak., in the signments in Yakima, Wash...... MAY 25 Armory Arena...... 9448; 4-16-73 8754; 4-6-73 CAB— Uniform system of accounts and MAY 23 F&D— Nitrofuran drugs in the feed of reports for certificated air carriers; CEA— Prohibited trading in “ puts” and animals...... 9830; 4-20—73 accounting for vacation liability. 10162; 4-25-73 “calls” in nonregulated commodities; HEW— Solicitation documents; standard­ to be held in room 6451, South Build­ ized request for proposal and check­ ing, USDA, 14th Street and Independ­ Weekly List of Public Laws list. ence Avenue, SW., Washington, DC. This is a listing of public bills enacted by 11089; 5-4-73 9671; 4-19-73 Congress and approved by the President, tegetner INDIAN AFFAIRS BUREAU— General with the law number, the date of approval, FEDERAL-STATE LAND USE PLANNING the U.S. Statutes citation. Subsequent lists wm COMMISSION FOR ALASKA— Use and Forest Regulations; stum page value appear every Wednesday in the FEDERAL Kti>- ISTER, and copies of the laws may be obtainea management of national interest limitation increases.. 9828; 4—20-73 from the U.S. Government Printing Office. lands. Held at San Franicsco, Calif. NHTSA— Windshield defrosting and de- S. 50...... Pub. L. 93-29 9188; 4-11-73 fogging system; motor vehicle safety Older Americans Comprehensive Serv­ MAY 25 standard...... 7339; 3—20—73 FEDERAL-STATE LAND USE PLANNING ices Amendments of 1973 (Title IX of COMMISSION FOR ALASKA— Use and VA— Clauses for fixed-price construction act is cited as Older American Com­ management of national interest contracts...... 9837; 4—20-73 munity Service Employment Act.) lands. Held at Denver, Colo., and MAY 22 (May 3, 1973; 87 Stat. 30) Seattle, Wash...... 9188; 4 -1 1 -7 3 APHIS— Open dating; prohibitions and S. 1 4 9 4 -...... Pub. L. 93—31 MAY 26 requirements for labels and con­ Central Intelligence Agency employees, FEDERAL-STATE LAND USE PLANNING tainers...... 7398; 3—21—73 retirement (May 8, 1973; 87 Stat. 65) COMMISSION FOR ALASKA— Use and S. J. Res. 51...... Pub. L. 93-30 management of national interest — Viruses, serums, toxins, and anal­ lands. Held at Seattle, Wash. .. 9188; ogous products.... 8064; 3-28-73 National Historic Preservation Wee, 4 -1 1 -7 3 — First published at.... 3987; 2 -9 -7 3 designation (May 5, 1973; 87 Stat. 6

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 Presidential Documents

Title 3—The President EXECUTIVE ORDER 11718 Designating the International Telecommunications Satellite Organi­ zation (INTELSAT) as an International Organization Entitled To Enjoy Certain Privileges, Exemptions, and Immunities The International Telecommunications Satellite Organization (IN TELSAT) was established pursuant to the Agreement Relating to the International Telecommunications Satellite Organization (IN TE LSA T), which entered into force February 12, 1973, and the Operating Agreement signed pursuant thereto, TIAS 7532. The United States participates in the Organization pursuant to the authority of the Communications Satellite Act of 1962 (76 Stat. 419; 47 U.S.C. 701-744). NOW , THEREFORE, by virtue of the authority vested in me by section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288), it is ordered as follows: Section 1. (a) I hereby designate the International Telecommunica­ tions Satellite Organization (IN TELSAT) as an international organiza­ tion, as that term is defined in section 4(i) of the International Organizations Immunities Act, entitled to enjoy, on and after Febru­ ary 12, 1973, all of the privileges, exemptions, and immunities provided by section 2 (a) and (d) and section 4 (a), (c), (d), (e), and (f) of that act. (b) The foregoing designation is not intended to abridge in any respect any privileges, exemptions, or immunities which such organization may have acquired or may hereafter acquire by treaty, Congressional action, or other Executive order. Sec. 2. The representatives to the Board of Governors of INTELSAT and their alternates shall enjoy the same privileges, exemptions, and immunities that the representatives to the Interim Communications Satellite Committee and their alternates enjoyed pursuant to Executive Order No. 11227 of June 2, 1965. Sec. 3. Executive Order No. 11227 of June 2, 1965 (except for the purpose referred to in section 2 hereof), and Executive Order No. 11277 of April 30,1966, are hereby revoked.

T h e W h it e H o u s e , May 14, 1973. [FR Doc.73-9884 Filed 5-14-73 ;4:45 pm]

FEDERAL REGISTER, VOL. 38, N O . 9A— WEDNESDAY, MAY 16, 1973

THE PRESIDENT 12799

MEMORANDUM OF APRIL 26, 1973 [Presidential Determination No. 73-12] Eligibility To Receive Defense Articles and Services

Memorandum for the Secretary of State

T h e W h it e H o u se Washington, April 26,1973. Subject: Eligibility of the International Commission of Control and Supervision in Vietnam and the International Commission for Supervision and Control in Laos to Receive Defense Articles and Defense Services Under the Foreign Assistance Act of 1961, as Amended, and Under the Foreign Military Sales Act, as Amended. In accordance with the recommendation contained in your memo­ randum of March 26, and pursuant to the provisions of section 503 (a) of the Foreign Assistance Act of 1961, as amended, and section 3(a)(1) of the Foreign Military Sales Act, as amended, I hereby find that the furnishing of defense articles and defense services, by loan, grant and sale, to the International Commission of Control and Supervision in Vietnam and to the International Commission for Supervision and Con­ trol in Laos will strengthen the security of the United States and promote world peace. So that the Congress will be informed concerning the implementation of the Foreign Assistance Act and the Foreign Military Sales Act, you are requested on my behalf to report this finding to the Speaker of the House of Representatives and to the Chairman of the Senate Foreign Relations Committee.

This finding shall be published in the F e d e r a l R e g is t e r .

[FR Doc.73-9892 Filed 5 -1 5 -7 3 ; 10:07 am]

FEDERAL REGISTER, VOL. 38, N O . 94— WEDNESDAY, M A Y 16, 1973

12801 Rules and Regulations

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

Title 9— Animals and Animal Products 115, 117, 120, 121, 123-126, 134b, 134f; 37 FR Title 5— Administrative Personnel 28464, 28477.) CHAPTER I— ANIMAL AND PLANT CHAPTER I— CIVIL SERVICE Effective date.—The foregoing amend­ COMMISSION HEALTH INSPECTION SERVICE, DE­ PARTMENT OF AGRICULTURE ment shall become effective May 10,1973. PART 213— EXCEPTED SERVICE The amendment relieves restrictions SUBCHAPTER C— INTERSTATE TRANSPORTA­ Executive Office of the President TION OF ANIMALS (INCLUDING POULTRY] presently imposed but ho longer deemed AND ANIMAL PRODUCTS; EXTRAORDINARY necessary to prevent the spread of cattle Section 213.3303 is amended to show EMERGENCY REGULATION OF INTRASTATE ACTIVITIES scabies, and should be made effective that one position of Director, Congres-_ prom ptly in order to be a maximum bene­ sional Liaison, Special Action Office for PART 73— SCABIES IN CATTLE fit to affected persons. It does not appear Drug Abuse Prevention, is excepted Area Released From Quarantine that public participation in this rule- under schedule C. This amendment releases Harding making proceeding would make addi­ Effective May 16, 1973, § 213.3303 (j) tional relevant information available to (6) is added as set out below. County in New Mexico from the areas quarantined because of cattle scabies. the Department. § 213.3303 Executive Office of the Therefore, the restrictions pertaining to Accordingly, under the administrative President. „ the interstate movement of cattle from procedure provisions in 5 U.S.C. 553, it is found upon good cause that notice and ***** quarantined areas contained in 9 CFR part 73, as amended, do not apply to other public procedure with respect to the (j) Special Action Office for Drug the excluded area, but will continue to amendment are impracticable and un­ Abuse Prevention. * * * apply to the quarantined areas described necessary and good cause is found for (6) One Director, Congressional in § 73.1a. Further, the restrictions per­ making the amendment effective less Liaison. taining to the interstate movement of than 30 days after publication in the (5 U.S.C. secs. 3301, 3302, Executive Order cattle from nonquarantined areas con­ F ederal R egister. 10577; 3 CFR 1954-58 Comp. p. 218.) tained in said part 73 apply to the ex­ Done at Washington, D.C., this 10th United States Civil Serv­ cluded area. day o f May, 1973. Pursuant to provisions of the act of ice Commission, F. J. M ulhern, [seal] James C. Spry, May 29, 1884, as amended, the act o f February 2, 1903, as amended, the Administrator, Animal and Plant Executive Assistant Health Inspection Service. to the Commissioners. act o f M arch 3, 1905, as amended, and the act of July 2,1962 (21 U.S.C. 111-113, [FR Doc.73-9647 Filed 5-15-73; 8:45 am] [PR Doc.73-9629 Plied 5-15-73;8:45 am] 115, 117, 120, 121, 123-126, 134b, 134f>, Part 73, Title 9, Code of Federal Regula­ Title 12-— Banks and Banking tions, restricting the interstate move­ CHAPTER V— FEDERAL HOME LOAN PART 213— EXCEPTED SERVICE ment of cattle because of scabies, is hereby amended as fallows: BANK BOARD Department of Commerce In § 73.1a, paragraph (c) relating to SUBCHAPTER B— FEDERAL HOME LOAN BANK Section 213.3314 is amended to show the State of New Mexico is amended SYSTEM that one position of confidential assist­ to read: [No. 73-668] PART 523— MEMBERS OF BANKS ant to the Director, Bureau of the Cen­ § 73.1a Notice of quarantine. sus, is excepted under schedule C. * * * * * Amendment Relating to Liquidity Effective May 16, 1973, § 213.3314(d) (c) Notice is hereby given that cattle M ay 10, 1973. (4) is added as set out below. in certain portions of the State of New The Federal Home Loan Bank Board § 213.3314 Department of Commerce. Mexico are affected with scabies, a con­ by document No. 73-608 dated May 2, tagious, infectious, and communicable 1973, which was duly published in the ***** disease; and therefore, the following F ederal R egister on May 10, 1973 (38 (d) Bureau of the Census. * * * areas in such State are hereby quaran­ FR 12202), amended § 523.111 of the (4) One confidential assistant to thetined because of said disease: regulations for the Federal Home Loan Director. (1) Chaves County. Bank System (12 CFR 523.11) for the purposes of reducing the overall liquidity * * * * - * (2) Curry County. (3) De Baca County. requirement of each Federal Home Loan (5X7.8.°. secs. 3301, 3302, Executive Order (4) Guadalupe County. Bank member from 7 percent to 6Y2 per­ 10577; 3 CFR 1954-58 Comp. p. 218.) (5) Lincoln County. cent of its liquidity base and of reducing (6) Roosevelt County. United States Civil Serv­ each member’s short-term liquidity re­ (7) Torrance County. quirement from 3 percent to 2V2 percent ice Commission, (8) Quay County. [seal] James C. Spry, of such base. In order to clarify the Executive Assistant (Secs. 4-7, 23 Stat. 32, as amended; sees. 1 short-term liquidity requirement as so and 2, 32 Stat. 791-792, as amended; secs. to the Commissioners. amended, the Board considers it desir­ 1-4, 33 Stat. 1264, 1265, as amended; secs. 3 able to further amend said § 523.11 by [FR Doc.73-9628 Plied 5-15-73;8:45 am] and 11, 76 Stat. 130, 132; 21 U.S.C. 111-113, deleting the phrase “beginning with

FEDERAL REGISTER, VOL. 38, N O . 94— WEDNESDAY, M AY 16, 1973 12802 RULES AND REGULATIONS

January, 1972”, from the second sen­ 1973, in the penultimate line of the to include therein dollar limitations re­ tence of paragraph (a) thereof. As amendment to the Indiana, Pa., transi­ flecting the pending devaluation. Al­ amended, the 2% percent short-term tion area (§71.181), the word “each” though we think it would be inappro­ liquidity requirement is effective begin­ should read “east”. priate to amend ER-779 until such time ning with the first day o f May 1973, as Congress has acted upon the pending rather than being retroactive to Janu­ CHAPTER II— CIVIL AERONAUTICS devaluation, we recognize that, as a prac­ ary 1972. Accordingly, the Federal Home BOARD tical matter, international transactions Loan Bank Board hereby amends said Subchapter A— Economic Regulations already reflect the President’s action and § 523.11 by revising paragraph (a) there­ [Reg. ERr-801] carriers should be permitted to use ticket of to read as follows, effective May 16, stock based thereon. Accordingly, we are 1973: PART 221— CONSTRUCTION, PUBLICA­ hereby modifying ER-790 to provide TION, FILING, AND POSTING OF §523.11 Liquidity requirements. that, until further notice, carriers will TARIFFS OF AIR CARRIERS AND FOR­ not be considered to be in violation of (a) General.^ For each calendar month, EIGN AIR CARRIERS the applicable notice provisions of each member, other than a mutual sav­ Modification of Stay of Effective Date §§ 221.175 and 221.176 insofar as the ings bank as to which there is in effect Adopted by the Civil Aeronautics relevant liability limitations are ex­ the election provided for in paragraph pressed in the following amounts: (e) of this section, shall maintain an Board at its office in Washington, D.C: average daily balance of liquid assets on the 10th day of May 1973. Death or personal injury: $10,000. in an amount of not less than 6% per­ Part 221 o f the Board’s econom ic regu­ Checked baggage: $9.07 per pound ($20 per lations (14 CFR part 221) contains pro­ kilo). cent of the average daily balance of the Unchecked baggage: $400. member’s liquidity base during the pre­ visions which require certificated air car­ ceding calendar month, except as other­ riers and foreign air carriers availing It should be noted that the modifica­ wise provided in paragraphs (b) and themselves of limitations on liability to tion of ER-790 contained herein is per­ (d) of this section. For each calendar passengers for death or personal injury, missive rather than mandatory. Those month, each member, other than a and for loss, damage to, or delay in the carriers which continue to give notice mutual savings bank or an insurance delivery of passenger baggage, under the of liability consistent, with the provi­ company, shall maintain an average Warsaw Convention, to give notice of sions of ER-790 will not for that reason daily balance of short-term liquid assets such limitations in the form of ticket and be held to be in violation of the Board’s in an amount not less than 2% percent sign notices.1 The dollar limitations speci­ regulations, until further notice. of the average daily balance of the mem­ fied in these notices are intended to re­ (Sec. 204(a) of the Federal Aviation Act of ber’s liquidity base during the preceding flect the minimum liability requirements 1958, as amended, 72 Stat. 743; 49 U.S.C. calendar month, except as otherwise pro­ of the Convention, which are based on a 1324.) gold standard. After the dollar was de­ vided in paragraphs (b) and (d) of this By the Civil Aeronautics Board. section. valued in 1972,* the Board amended the * * * * * subject provisions to restate the dollar [ s e a l ] E d w i n Z . H o l l a n d , limitations allowable under the Conven­ Secretary. Since the above amendment is for the tion in view of the devaluation.® The [FR Doc.73-9719 Filed 5-15-73;8:45 am] purpose of clarification, *he Board here­ amendments became effective December by finds that notice and public procedure 18, 1972, but in order to permit carriers thereon are unnecessary under the pro­ to use up ticket stocks already on hand, Title 16— Commercial Practices visions of 12 CFR 508.11, and 5 U.S.C. the Board provided that carriers need 553(b); and, for the same reason, the CHAPTER I— FEDERAL TRADE not reflect the new dollar limitations in COMMISSION Board hereby finds that thé provision their ticket notices until March 15, 1973. regarding the publication of such Prior to that date, the President took [Docket No. C—2370] amendment for the minimum 30-day action directed toward a further deval­ PART 13— PROHIBITED TRADE period specified in 12 CFR 508.14 and 5 uation of the dollar. The Board there­ PRACTICES U.S.C. 553(d) prior to the effective date upon determined that, since enactment thereof shall not apply to the above Illinois Central Industries, Inc., and Midas- by Congress of this further devaluation International Corp. amendment; and the Board hereby pro­ would render the dollar limitations spec­ vides that such amendment shall become ified in ER-779 obsolete, no regulatory Correction effective as hereinbefore set forth. purpose would be served by requiring In FR Doc. 73-8446, appearing at page (Sec. 5A, 47 Stat. 727, as added by sec. 1, carriers which had not already revised 10707 in the issue o f Tuesday, May 1, 64 Stat. 256, as amended, sec. 17, 47 Stat. 736, their ticket stock in compliance with that 1973', in the second line under paragraph as amended; 12 U.S.C. 1425a, 1437. Reorgani­ regulation to do so while the further de­ zation plan No. 3 of 1947, 12 FR 4981, XI, “for a” should read “within”. 3 CFR, 1943-48, Comp., p. 1071.) valuation was pending. Accordingly, the Board stayed, until further notice, the By the Federal Home Loan Bank effectiveness of ER-779, insofar as it re­ Title 21— Food and Drugs Board. quired carriers to revise their passenger tickets* CHAPTER I— FOOD AND DRUG ADMINIS­ [ s e a l ] G r e n v i l l e L. M i l l a r d , Jr., TRATION, DEPARTMENT OF HEALTH, Assistant Secretary. A number of carriers have now indi­ cated that they must order new ticket EDUCATION, AND WELFARE [FR Doc.73-9707 Filed 5-15-73;8:45 ami stocks, and they request to be permitted SUBCHAFTER B— FOOD AND FOOD PRODUCTS PART 121— FOOD ADDITIVES Title 14— Aeronautics and Space 1 Sections 221.175 (special notice of limited liability for death or injury under the War­ Subpart D— -Food Additives Permitted in CHAPTER I— FEDERAL AVIATION ADMIN­ saw Convention) and 221.176 (notice of lim­ Food for Human Consumption ISTRATION, DEPARTMENT OF TRANS­ ited liability for baggage; alternative con­ PORTATION solidated notice of liability limitations). E n d o t h a l l [Airspace Docket No. 73-EA-8] a The enacted devaluation became effective Correction May 8, 1972. Public Law 92-268, March 31, PART 71— -DESIGNATION OF FEDERAL 1972. In FR Doc. 73-8368 appearing on page AIRWAYS, AREA LOW ROUTES, CON­ * ER-779, adopted November 14, 1972, 37 FR 10638 in the issue of Monday, April 30, TROLLED AIRSPACE, AND REPORTING 24657. 1973, make the follow ing changes: POINTS * E R -790, February 27, 1973, 38 FR 5838. It was also provided that those carriers who had 1. In the fifth line in the third column, Alteration of Transition Area already revised their ticket stocks in the the first word “methylakylamine” should Correction manner permitted by ERr-779 would not be read “dimethylalkylamine”. considered to be in violation of the applica­ In FR Doc. 73-8598 appearing on page ble regulations, insofar as such revised ticket 2. In the sixth and seventh lines of 10922 in the issue for Thursday, May 3, stock was used, until further notice. § 121.1248, the words ‘W-dimethylakly-

FEDERAL REGISTER. VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 RULES AND REGULATIONS 12803 amine” and “N-dimethylalklamine” exempt from the certification require­ brief in support thereof. Six copies of should read “N-dimethylalkylamine” and ments of section 706(c) of the act. all documents shall be filed. Received ob­ “N-dimethylalkylamine”. jections may be seen in the above office § 8.6 018 Ferric ammonium citrate. during working hours, Monday through (a) Identity. The color additive ferric Friday. SUBCHAPTER A— GENERAL ammonipm citrate consists of complex Effective date. This order shall become PART8 — COLOR ADDITIVES chelates prepared by the interaction of effective on July 16, 1973, except as to Subparl F— Listing of Color Additives for ferric hydroxide with citric acid in the any provisions that may be stayed by the Drug Use Exempt From Certification presence of ammonia. The complex che­ filing of proper objections. Notice of the lates occur in brown and green forms, are filing of objections or lack thereof will Pyrogallol and F erric A mmonium deliquescent in air, and are reducible by be announced by publication in the F ed­ C itrate light. eral R egister. The Commissioner of Food and Drugs, (b) Specifications. Ferric ammonium (Sec. 706(b)(1), (c)(2 ), ( d ) ;t74 Stat. 399, on the basis of a petition (CAP No. 13) citrate shall conform to the following 402-403; 21 U.S.C. 376(b)(1), (c )(2 ), (d).) submitted by Davis and Geek Division, specifications and shall be free from im­ American Cyanamid Co., Danbury, Conn. purities other than those named to the Dated May 10, 1973. 06813, and other relevant material, finds extent that such impurities may be Sam D. F ine, that pyrogallol and ferric ammonium ci­ avoided by good manufacturing practice: Associate Commissioner trate are safe under the conditions pre­ Iron (as Fe), not less than 14.5 percent and for Compliance. scribed in this order fo r use in coloring not more than 18.5 percent. [FR Doc.73-9751 Filed 5-15-73;8:45 am] plain and chromic catgut sutures for use Lead (as Pb), not more than 20 p/m. in general and ophthalmic surgery and Arsenic (as As), not more than 3 p/m . \ Title 29— Labor that certification is not necessary for the (c) Uses and restrictions. Ferric am­ protection of the public health. monium citrate may be safely used in SUBTITLE A— OFFICE OF THE SECRETARY Therefore, pursuant to provisions of combination with pyrogallol (as listed in OF LABOR the Federal Food, Drug, and Cosmetic § 8.6017 (21 CFR 8.6017) of this chap­ PART 55— GRANTS UNDER THE EMER­ (1 ), Act (sec. 706(b) (c) (2 ), (d ), 74 Stat. ter) , for coloring plain and chromic cat­ GENCY EMPLOYMENT ACT OF 1971 399,402-403 ; 21 U.S.C. 376(b) ( 1 ) , (c) (2 ), gut sutures for use in general and oph­ (d)) and under authority delegated to thalmic surgery subject to the following Miscellaneous Amendments v the Commissioner (21 CFR 2.120), part conditions: These amendments to the regulations 8 is amended by adding to subpart F the (1) The dyed suture shall conform in issued pursuant to the Emergency Em­ following new sections: all respects to the requirements of the ployment Act, Public Law 92-54, 85 Stat. § 8.6017 Pyrogallol. U.S.P. 146, 42 U.S.C. 4876, are promulgated in (a) Identity. The color additive pyro­ (2) The level of the ferric ammonium order: gallol is 1,2,3-trihydroxybenzene. citrate-pyrogallol complex shall not ex­ 1. To broaden the definition of “under­ (b) Specifications. Pyrogallol shall ceed 3 percent of the total weight of the employed persons” to include enrollees conform to the following specifications suture material. in the Neighborhood Youth Corps in­ and shall be free from impurities other (3) When the sutures are used for the school program regardless of their em­ than those named to the extent that purposes specified in their labeling, there ploying agencies. This will make it such impurities may be avoided by good is no migration of the color additive to possible for in-school enrollees to move manufacturing practice: the surrounding tissue. into summer employment under PEP without an intervening period of unem­ Melting point, between 130° and 133° C. (4) If the suture is a new drug, an Residue on ignition, not more than 0.1 per­ approved new drug application, pursu­ ployment. cent. , , ■. ant to section 505 of the act, is in effect 2. To make it clear that the 14-day Lead (as Fb), not more than 20 p/m (parts for it. minimum period of unemployment and per million). (d) Labeling. The labeling of the color the 30-day minimum interval before re­ Arsenic (as As), not more than 3 p/m . additive shall conform to the require­ hire by tiie program agent apply to par­ (c) Uses and restrictions. Pyrogallol ments of § 8.32 (21 CFR 8.32) o f this ticipants hired in programs funded with may be safely used in combination with chapter. discretionary funds. Incorporation by ferric ammonium citrate (as listed in (e) Exemption from certification. Cer­ reference of § 55.7(e) which would have § 8.6018 (21 CFR 8.6018) of this chapter), tification of this color additive is not made this clear was inadvertently omit­ for coloring plain and chromic catgut necessary for the protection of the pub­ ted from § 55.54(a) when it was last sutures for use in general and ophthalmic lic health and therefore batches thereof revised. surgery, subject to the follow ing restric­ are exempt from the requirements of sec­ Because the first of these amendments tions: tion 706(c) of the act. ’ is needed promptly in order to benefit (1) The dyed suture shall conform in Any person who will be adversely af­ students at the end of the school year, all respects to the requirements of the fected by the foregoing order may at any and the second corrects an error so that USP. time on or before June 15, 1973, file with these regulations conform to our present (2) The level of the ferric ammonium the Hearing Clerk, Department of policy, there is good cause not to publish citrate-pyrogallol complex shall not ex­ Health, Education, and Welfare, room notice of proposed rulemaking with op­ ceed 3 percent of the total weight of the 6- 88, 5600 Fishers Lane, Rockville, Md. portunity for comment. As they either suture material. 20852, written objections thereto. Ob­ waive a restriction or clarify an interpre­ (3) When the sutures are used for the jections shall show wherein the person tation which is already in effect, I find it purposes specified in their labeling, there filing will be adversely affected by the unnecessary to delay the effective date. is no migration of the color additive to order, specify with particularity the pro­ Accordingly, these regulations will be the surrounding tissue. visions of the order deemed objection­ effective when published. (4) If the suture is a new drug, an able, and state the grounds for the ob­ 1. Section 55.1 ( r ) ( l ) is amended to approved new drug application, pursuant jections. If a hearing is requested, the read as follows: to section 505 of the act, is in effect for it. objections shall state the issues for the "*) Labeling. The label of the color hearing, shall be supported by grounds § 55.1 Definitions. additive shall conform to the require­ factually and legally sufficient to justify ***** ments of §8.32 (21 CFR 8.32) o f this the relief sought, and shall include a de­ (r) “Underemployed person” means— chapter. tailed description and analysis of the fac­ (1) A person who is seeking full-time ^ E x e m p tio n from certification. Cer- tual information intended to be presented incation of this color additive is not in support of the objections in the event employment while working part time in h®°m!ary for the protection o f the public that a hearing is held. Objections may an in-school Neighborhood Youth Corps eaith and therefore batches thereof are be accompanied by a memorandum or program, or for an employer other than

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 12804 RULES AND REGULATIONS the employing agency from which he (12) Temporary anchorage for con­ regulations in the Federal R egister. The seeks work; or struction equipment T-5.—Anchorage revocation is set forth below. * * * * ♦ T-5 is a four-sided area southwest of the For the Chief of Engineers. 2. Section 55.54(a) is amended to readexisting North Island of the present as follows: Hampton Roads Bridge-Tunnel within James L. K elly, the following boundary: A line beginning Brigadier General, USA, § 55.54 Selection of participants. at a point at latitude 37° 00'07" N., longi­ Acting Director of Civil Works. (a) Paragraph (a), (b), (c), (e), and tude 76°19'12" W.; thence to latitude Pursuant to the provisions of section 7 (g) o f § 55.7 are incorporated herein. 36°59'58" N., longitude 76°19'04" W.; of the River and Harbor Act of August 8 * * * * * thence to latitude 36°59'57" N., longi­ 1917 (40 Stat. 266; 33 U.S.C. 1), §§201.1 tude 76°19'11" W.; thence to latitude through 201.16, and 201.20 governing Signed at Washington, D.C., this 11th 37°00'05" N., longitude 76°19'19" W.; day o f May 1973. lights and day signals for certain vessels .thence to the point of beginning. This operating on the “Great Lakes” and W. H. K olberg, anchorage is for the exclusive use of Assistant Secretary for Manpower. “Western Rivers” as defined in §201.1 barges and construction equipment used are hereby revoked effective upon pro­ [PR Doc.73-9738 Piled 5-15-73;8:45 am] in the construction of the second Hamp­ mulgation in the F ederal R egister in ton Roads Bridge-Tunnel. Any barge title 33 of identical regulations by the Title 33— Navigation and Navigable Waters mooring in this anchorage must be U.S. Coast Guard as §§ 90.31 through tended by a boat or boats capable of 90.46 as follow s: CHAPTER I— COAST GUARD, maneuvering the barge in case of emer­ DEPARTMENT OF TRANSPORTATION gency. §§ 201.1 through 201.16 (inclusive) and § 201.20 [Revoked] [CGD 73-99R] * * * * * PART 110— -ANCHORAGE REGULATIONS (Regs. April 3, 1973.) (Sec. 7, 40 Stat. 266; (Sec. 7, 38 Stat. 1053, as amended, sec. 6(g) 33 U.S.O. 1.) Hampton Roads, Va., and Adjacent Waters (1) (A ), 80 Stat. 937; (33 U.S.C. 471), (49 The purposes of these amendments to U.S.C. 1655(g)(1)(A )); 49 CFR 1.46(C)(1); [FR Doc.73-9624 Filed 5-15-73; 8:45 am] the anchorage regulations are to enlarge 33 CFR 1.05—1(c) (1).) an existing anchorage and to establish Effective date.—This amendment shall Title 41— Public Contracts and Property an additional anchorage for vessels used become effective on June 15, 1973. Management in the construction of the second Hamp­ Dated May 9,1973. CHAPTER 7— AGENCY FOR INTERNA­ ton Roads Bridge-Tunnel. TIONAL DEVELOPMENT, DEPARTMENT These amendments are based on a no­ J. D. M cCann, OF STATE tice of proposed rulemaking published in Captain, U.S. Coast Guard, Act­ PROCURING ACTIVITIES the Federal R egister on December 12, ing Chief, Office of Marine 1972 (37 FR 26436), and public notice Environment and Systems. Miscellaneous Amendments issued by the Commander, Fifth Coast [FR Doc.73-9745 Filed 5-15-73;8:45 am] 1. The following sections have been Guard D istrict on January 17, 1972. No revised to reflect the organizational comments were received in response to changes set forth in the AID general the public notice or notice of proposed CHAPTER II— CORPS OF ENGINEERS, notice of August 11,1972, and delegation rulemaking. DEPARTMENT OF THE ARMY o f authority No. 99. These amendments to § 110.168(a) en­ large the present anchorage T -l and es­ PART 201— GENERAL REGULATIONS PART 7-1— GENERAL tablish an additional anchorage. These Lights and Day Signals 2. Contents o f part 7-1 General. anchorages are needed to provide an­ § 7-1.253 [Amended] chorages for construction equipment, April 26,1973. barges, and a tugboat close to the site of The Department of the Army has in a. Delete § 7-1.253, “Assistant Admin­ the second Hampton Roads Bridge- the past issued regulations for lights and istrator” and insert “Reserved”. Tunnel. day signals for certain vessels operating § 7-1.453-2 [Amended] In consideration of the foregoing, part on the Great Lakes and their tributary 110 is amended by revising § 110.168(a) waters, on the Red River of the North, b. Delete “Assistant Administrator for (8) and by adding a new § 110.168(a) and on Western Rivers and their trib­ Administration” in § 7-1.453-2 and in­ ( 12) to read as follows: utaries which empty into the Gulf of sert “Assistant Administrator for Pro­ Mexico. The Coast Guard has issued gram and Management Services”. § 110.168 Hampton Roads, Va. and ad­ identical regulations for vessels operat­ Subpart 7—1.1 Introduction jacent waters. ing in harbors, rivers, and inland waters (a) * * * except the “Great Lakes” and “Western §§7-1.102 and 7-1.104-4 [Amended] (8) Anchorage T-l, construction Rivers”. The purpose of this revocation 3. Delete “ Assistant Administrator for equipment.—Anchorage T-l is a five­ is to eliminate this duplication of regula­ Administration ’ ’ in §§7-1.102 and sided area located between Phoebus tory effort by the Corps of Engineers and 7-1.104-4 and insert “Assistant Admin­ Channel and the existing North Island the Coast Guard and to place regulatory istrator for Program and Management and Trestle of the present Hampton responsibility for these activities exclu­ Services” . Roads Bridge-Tunnel within the follow­ sively with the Coast Guard. ing boundary: A line beginning at a Revocation of these regulations will § 7—1.103 [Amended] point of latitude 37°00'35" N., longitude become effective when the Coast Guard 4. Delete “Office of Administrative 76°19'19" W.; thence to latitude 37°- takes appropriate action to promulgate Services, A/AS” in § 7-1.103(b) and in­ sert “Office of Management Operations • 00'43" N., longitude 76°19'07" W.; identical regulations in part 90, title 33 thence to latitude 37°00'25" N., longi­ 5. Revise § 7-1.104-5 to read: of the Code of Federal Regulations. tude 76°18'58" W.; thence to latitude § 7 -1 .1 0 4 -5 Responsibility. 37°00'00" N., longitude 76°19'00" W.; Since this change is only procedural thence to latitude 37°00'15" N., longi­ in nature, the Under Secretary of the Responsibility for the development and tude 76° 19'10" W.; thence to the point Army has found that notice of proposed maintenance of AEDPR is assigned to of beginning. This anchorage is for the rulemaking and public procedures the Assistant Administrator for Program exclusive use of barges and construction thereto are unnecessary and that good and Management Services, and under equipment used in the construction of him, to the Director, Office of Contrae the second Hampton Roads Bridge- cause exists for making this revocation Tunnel. effective upon appropriate action by the Management, or such other officer as the m * ♦ * ♦ Coast Guard to promulgate identical Assistant Administrator may designate.

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 RULES AND REGULATIONS 12805

Amendments and revisions will be pre­ Contract Management, Support Division ministrator for Program and Manage­ pared in coordination with the General shall be allowed at least 10 working days ment Services, (2) the Director, Office of Counsel, and such other offices as may be prior to the submission of the deviation Contract Management, and (3) the Mis­ appropriate. request to the head of the procuring ac­ sion Directors or other officers in charge tivity, to effect the necessary coordina­ of overseas field activities who have been § 7-1.106 [Amended] tion with GSA and to submit comments. delegated procurement authority. 6. In § 7-1.106 delete “Office of Pro­ If the exigency of the situation requires § 7—1.253 [Reserved] curement” and insert “ Office o f Contract more immediate action, the requesting Management” . office may arrange with the Support Di­ 11. Delete § 7-1.253 “Assistant Admin­ 7. Amend § 7-1.107-3 to read as vision for a shorter review and coordi­ istrator” in its entirety and insert follows: nation period. The comments of GSA and “Reserved”. § 7-1.107—3 Procedure. the Support Division shall be made a part Subpart 7 -1 .3 General Policies of the deviation request file which is for­ (a) Deviations from FPR or AIDPR warded to the head of the procuring 12. Revise § 7-1.305-3 as follows: affecting one contract or transaction: activity. § 7—1.305—3 Deviations from Federal (1) Deviations which affect only one ***** specifications. contract or procurement will be made only after prior approval by the head of (d) Register of deviations. Deviations from Federal specifications the procuring activity. Deviation requests Separate registers shall be maintained will be handled as provided in AIDPR containing the inform ation listed in by the procuring activities of the devi­ 7-1.107. The head of the procuring ac­ paragraph (c) o f this section, shall be ations granted from FPR and AIDPR. tivity is responsible for assuring compli­ submitted sufficiently in advance of the Each deviation shall be recorded in its ance with the policies stated in the Fed­ effective date o f such deviation to allow appropriate register and shall be as­ eral procurement regulations. The Di­ adequate time for consideration and signed a control number as follows: the rector, Office of Contract Management, evaluation by the head o f the procuring symbol of the procuring activity, the ab­ will coordinate AID efforts and activities activity. breviation “DEV”, the fiscal year, the in this regard and will provide a central (2) Requests for such deviations may serial number (issued in consecutive liaison with the General Services Admin­ be initiated by the responsible AID con­ order during each fiscal year) assigned to istration. Except as the head of the tracting officer who shall obtain clear­ the particular deviation and the suffix procuring activity directs otherwise, the ance and approvals as may be required “c” if it is a class deviation, e.g., CM- procedures in FPR 1-1.305-3 is not to be by the head of the procuring activity. DEV-73-1, CM-DEV-73-2c. The control followed for cases which fall within the Ftior to submission o f the deviation re­ number shall be embodied in the docu­ exceptions described in AIDPR 7-1.305-2 quest to the head of the procuring activ­ ment authorizing the deviation and shall as well as in FPR 1-1.305-2. ity for approval, the contracting officer be cited in all references to the deviation. (e) Central record of deviations. §§ 7-1.310-7 and 7-1.310-10 [Amend­ shall obtain written comments from the ed] Office of Contract Management, Support Copies of approved deviations shall be Division. The Support Division shall nor­ furnished promptly to the Office of Con­ 13. Delete “Office of Small Business” mally be allowed at least 5 working days tract Management, Support Division, in §§ 7-1.310-7 and 7-1.310-10 and insert prior to the submission o f the deviation who shall be responsible for maintaining “Small Business Office”. request to the head of the procuring ac­ a central record of all deviations that Subpart 7-1.4 Procurement Responsibil­ tivity, to review the request and to sub­ are granted. ity and Authority (f) Semiannual report of class devi­ mit comments. If the exigency of the § 7-1.451-2 [Amended] situation requires more immediate ac­ ations. tion, the requesting office may arrange (1) AID contracting officers shall sub­ 14. Delete “ Assistant Adm inistrator for with the Support Division for a shorter mit a semiannual report to the Office Administration” in § 7-1.451-2 and insert review period. In addition to a copy of the of Contract Management, Support Divi­ “Director, Office of Contract Manage­ deviation request, the Support Division sion of all contract actions effected under m ent” . shall be furnished any background or class deviations to FPR and AIDPR 15. Revise § 7-1.451-3 as follow s: historical data which will contribute to which have been approved pursuant to paragraph (b) of this section. § 7—1.451—3 AID/Washington procur­ a fuller understanding of the deviation. ing activities. The comments of the Support Division ***** shall be made a part of the deviation re­ Subpart 7—1.2 Definition of Terms The procuring activities located in quest file which is forwarded to the head Washington are the Offices of Contract of the procuring activity. 8. Revise § 7-1.204 as follows: Management, Office of Management Op­ (3) Coordination with the Office of § 7—1.204. Head of the agency. erations, Office of International Train­ General Counsel, as appropriate, should ing, and Office of Public Safety. Subject “Head of the agency” means, for AID, to delegations of authority, the procur­ also be effected prior to approval of a the Administrator, the Deputy Admin­ deviation by the head o f the procuring ing activities are responsible for procure­ activity. istrator and the Assistant Administrator ment related to programs and activities (b) * * * for Program and Management Services. for their areas. The Office of Manage­ (2) Class deviations from the FPR 9. Revise § 7-1.205 as follows: ment Operations, which reports to the Assistant Administrator for Program and be considered jointly by AID and § 7—1.205 Procuring activity. GSA (FPR 1-1.009-2) unless, in the Management Services, is responsible for judgment of the head o f the procuring The procuring activities within AID administrative and program support activity, after due consideration o f the are: (1) The AID/Washington procuring procurements. The Offices of Interna­ objective of uniformity, circumstances activities, which are the Office of Con­ tional Training and Public Safety Preclude such join t effort. The head o f tract Management, Office of Manage­ have limited authority for the procure­ the procuring activity shall certify on ment Operations, Office of Public Safety, ment of training for participants. The T?e.°? ^ e deviation the reason for and the Office of International Train­ Office of Contract Management, which not obtaining GSA coordination. In such ing; and (2) the overseas field activities also reports to the Assistant Administra­ cases, the Office of Contract Manage- (including missions) which have been tor for Program and Management Serv­ eiKi ’ Division, shall be respon- delegated procurement authority. ices, is responsible for procurement 10. Revise § 7-1.206 as follow s: deviation notifying GSA of the class which do not fall within the responsibil­ (3) * * * § 7—1.206 Head of the procuring ac­ ity of other procuring activities or which tivity. "r*le reduest shall be processed in are otherwise assigned to it. General e same manner as paragraph (a) o f The heads of the procuring activities delegations to AID/Washington procur­ nis section, except that the Office of within AID are: (1) The Assistant Ad­ ing activities are published in the F ed-

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 12806 RULES AND REGULATIONS eral R egister and in chapter 100 o f the ing, and coordinating the Agency's small Subpart 7 -3 .8 Price Negotiation Policies AID M anual business (including minority business en­ and Techniques 16. Revise § 7-1.451-4 as follow s; terprises) program. § 7—3.807—3 [Amended] (b) The AID Small Business Office, § 7—1.451—4 Oversea» field procuring 29. Revise the last sentence of activities. which is headed by the Special Assistant for Small Business, who also serves as § 7-3.807-3 to read: “The head of the Mission Directors (as defined in the Minority Business Procurement Pol­ Agency includes those officials specified § 7-1.258) and specified subordinate in­ icy Manager, shall be specifically respon­ in AIDPR 7-1.204.” dividuals may be redelegated procure­ sible fo r: ment authority by the Assistant Admin­ istrator for Program and Management * * * 4c * PART 7-4— SPECIAL TYPES AND Services or his designee based on the (12) On proposed noncompetitive pro­ METHODS OF PROCUREMENT recommendation, and with the concur­ curements, recommending to the con­ Subpart 7 -4 .2 Architect-Engineer rence; of the regional bureau involved. tracting officer that the procurement be Services Mission Directors request a redelegation made competitive when, in the opinion § 7-4.202 [Amended] of authority through the appropriate re­ of the Office of Small Business, there are gional bureau, AID/W. The request small businesses or minority business en­ 30. Delete “Office of Small Business’’ should contain the amount desired and terprises believed competent to furnish in § 7-4.202 and insert “Small Business justification for this amount. The indi­ the required goods or services, and sup­ Office” . vidual, if other than the Mission Direc­ plying the contracting officer a list of 31. Revise § 7-4.203-1 (b) to read: tor, who will actually exercise this au­ such firms; § 7—4.203—1 Selection panel. thority must be named, along with his ***** ***** qualifications (see FPR 1-1.404-1). When § 7—1.702 [Amended] (b) Offices which have an interest will such designated individual leaves the 23. Delete “Office of Administrative be invited to observe and participate in post, the designation of a replacement the deliberations of the panel, if they as a contracting officer will require con­ Services” and “ (AS/CP)” in § 7-1.702(k) and insert “Office of Management Oper­ desire, through a nonvoting represent­ currence by AID/W in accordance with ative. the above. ations” in both places. Sufopart 7 -1 .1 0 — Publicizing Procurement § 7—4.203—2 [Amended] § 7—1.453—1 [Amended] Actions 32. Delete “Director, Office of Procure­ 17. Delete “Assistant Administrators § 7-1.1001 [Amended] ment” in § 7-4.203-2 (b) and insert “Of­ who are responsible for operations” in fice of Contract Management”. § 7-1.453-1 and insert “heads of the pro­ 24. Delete “Office of Small Business" curing activities”. in § 7-1.1001 (b) and insert in lieu thereof Subpart 7—4.53 Procurement Under the “Small Business Office”. AID Research and Analysis Program § 7-1.453-2 [Amended] § 7-4.5300 [Amended] 18. Delete “Assistant Administrator for 33. Delete “ Office o f Procurement, Administration” in the title and text of PART 7-2— PROCUREMENT BY FORMAL § 7-1.453-2 and insert “Assistant Ad­ ADVERTISING Contract Services Division” in § 7-4.5300 (b) and insert “Office of Contract Man­ ministrator for Program and Manage­ Subpart 7-2.4 Opening of Bids and ment Services”. agement, Central Operations Division” Award of Contract and revise the last sentence of § 7-4.5300 § 7-1.602 [Amended] §§ 7—2.406—3, and 7—2.406—4 [Amend­ (c) to read: “The procuring activity to 19. Delete “ Office o f Small Business” ed] which these programs are assigned is the in § 7-1.602 and insert “Small Business Office of Contract Management, Regional 25. Delete “Assistant AdministratorOperations Division.” Office” . for Administration” in §§ 7-2.406-3 and §§7-1.604, 7-1.605-3, 7-1.605-4, and 7-2.406-4 and insert, in lieu thereof, “As­ 34. Revise § 7-4.5301(d) to read as 7—1.606 [Amended] sistant Administrator for Program and follow s: Management Services”. 20. Delete “Assistant Administrator § 7—4.5301 Unsolicited research and for Administration” in §§ 7-1.604, 7- analysis proposals. 1.605-3, 7-1.605-4, and 7-1.606 and in­ ***** PART 7-3— PROCUREMENT BY sert “Assistant Administrator for Pro­ NEGOTIATION (d ) * ,* * gram and Management Services”. CD For research and analysis into the Subpart 7-3.1 Use of Negotiation Subpart 7-1.7 Small Business Concerns fields of education, economics, political, § 7-3.101-50 [Amended] social, and institutional development, and §§ 7-1.702, 7-1.704-3, 7-1.704, 7- planning and administration: Bureau for 1.704-5, 7-1.704-6, and 7-1.704-7 26. Delete “head of the procuring ac­ Program and Policy Coordination. • [Amended] tivity” from paragraph (d) (4) of § 7- (2) For research and analysis into the 21. Delete “Small Business Advisor”, 3.101-50 and insert “Assistant Adminis­ field of housing: Office of Housing. “Special Assistant for Small Business”, trator having primary responsibility for (3) For research and a n a ly s is into the and “Office of Small Business” ; and in­ the program”. field of population; Bureau for Popula­ sert “Small Business Office” wherever tion and Humanitarian Assistance. they appear in §§ 7-1.702 (d), (e), (f), Subpart 7-3.2 Circumstances Permitting (4) For research and analysis con­ (g )(2 ), (h ) 4 (k), 7-1.704-3 (g), (i), (1), Negotiation cerned with only one geographic region (ml, 7-1.704-4 (a), (b), 7-1.704-5(a), §§ 7-3.211, 7-3.212, and 7-3.213 (as applicable): 7-1.704-6 (a), (b) (1), (3), (c), (c) CD, [Amended] CD. Bureau for Asia; (ii) Bureau for Africa; (2), (d) (1), (2), (3), (e) (1), (2), (3), 27. Delete “including any Assistant (iii) Bureau for Latin America; and 7-1.704-7 (a), (a)(1), (b), and (c). Administrator” from §§ 7-3.211, 7-3.212, (iv) Bureau for Supporting Assistance. 22. Amend § 7-1.704-2 to read as fol­ and 7-3.213. ,(5) For research and analysis into tne lows; Subpart 7—3.6 Small Purchases fields of international training: Office oi § 7—1.704—2 The AID Small Business § 7—3.604—5 [Amended] International Training. . . Office. (6) For research and analysis inw 28. Delete “Office of Administrative fields other than th ose, cited in .pa^* (a) The Small Business Office is re­Services” in § 7-3.604-5 and insert “Office graphs (d) (1) through (5) of this sec- sponsible for administering, implement­ of Management Operations”. tion, e.g., agriculture, health, nutrition,

FEDERAL REGISTER, V O L 38, NO . 94— WEDNESDAY, M AY 16, 1973 RULES AND REGULATIONS 12807 and food from the sea: Bureau fo r Tech­ PART 7-12— LABOR Materials Regulations Board published nical Assistance. Subpart 7-12.8 Equal Opportunity in docket No. HM-57; amendment Nos. Employment 171-14, 172-14, 173-61, 174-14, 175-7, PART 7-7— CONTRACT CLAUSES 177-21 (37 FR 5946, 8383, 18918) pre­ Subpart 7 -7 .1 Fixed-Price Supply §§ 7-12.805-1 and 7-12.805-5 scribing new regulations for the classi­ Contracts [Amended] fication, packaging, marking, labeling, 35. § 7-7.101-1 (a) is revised as follows: 42. Delete “Office of Procurement” inand transportation of corrosive ma­ §§ 7-12.805-1 and 7-12.805-5 and insert terials. Compliance with the amend­ § 7-7.101—1 Definition. “Office of Contract Management”. ments has been authorized as of April 21, (a) The term “head of the agency”, 1972. However, the mandatory effective “Secretary”, or “Administrator”, as used date is specified as June 30, 1973. Also, herein means the Administrator, Deputy PART 7-16— PROCUREMENT FORMS on February 12, 1973, the Board pub­ Administrator, or Assistant Administra­ Subpart 7—16.9 Illustrations of Forms lished Notice 73-1 (38 FR 4270) under tor for Program and Management Serv­ this docket. The comment period closed §§7-16.954-1, 7-16.954-2, and 7-16.- on April 10,1973. However, the Board has ices of the Agency for International De­ 956—1 [Amended] velopment; and the term “his duly au­ not completed its study of the comments thorized representative” means any per­ 43. Delete “Office of Procurement, Con-, and therefore has yet to publish an son or persons or board (other than the tract Services Division” from the “Au­ amendment relative to this notice. contracting officer) authorized to act for thorized Ordering Activity” blocks in The Hazardous Materials Regulations the head of the agency. §§ 7-16.954-1, 7-16.954-2, and 7-16.956-1 Board has been developing what it con­ and insert “Office of Contract Manage­ siders final resolutions in several areas ment, Central Operations Division”. relating to such matters as open-head Subpart 7 -7 .5 0 Clauses for Cost § 7—16.960 [Amended] fiber drums, materials corrosive only to Reimbursement Type Contracts metals, viscosity of certain corrosive 44. Delete “Small Business Advisor” § 7-7.5001-16 [Amended] liquids, bottom unloading of cargo tanks, whenever it appears in the form in and handling of corrosives in the distri­ 36. Delete “ (PPC/PTIS/ARC)” from § 7-16.960 and insert “Small Business bution systems that are not packed, § 7-7.5001-16 (d ). Office” . marked, and identified as would be re­ §§ 7-7.5001-20, and 7-7.5002-5 Filing.—This notice should be filed in quired by HM-57. [Amended] front of the main text of the Agency for The Board is of the opinion that to International Development Procurement make HM-57 effective June 30, 1973, 37. Delete “Office of Small Business” Regulations. from §§7-7.5001-20 and 7-7.5002-5 with most of these matters unresolved Authority.—This AIDPR Notice No. would cause much confusion and admin­ wherever it appears and insert “Small 73-2 is an interim procurement instruc­ Business Office” . istrative difficulties and an undue bur­ tion and is issued pursuant to AIDPR den on carriers and shippers. The mat­ Subpart 7-7.51 Clauses for Basic Order­ 7-1.104-4. ters mentioned above, and others should ing Agreement for Engineering Services Effective date.—This notice is effec­ be fully resolved within the next 90 days. § 7—7.5101—2 [Amended] tive on May 11, 1973. It will be canceled The Board, therefore, considers it rea­ and superseded upon publication of its sonable and necessary to delay the man­ 38. Delete “ (PPC/PTIS/ARC)” from contents in an amendment to the AIDPR. § 7-7.5101-27(d). datory effective date. Accordingly, the Dated May 1, 1973. Board hereby gives notice that the man­ datory effective date for amendment Nos. James F. Campbell, PART 7-8— TERMINATION OF 171-14, 172-14, 173-61, 174-14, 175-7, CONTRACTS Assistant Administrator for 177-21 is changed from June 30, 1973, Program and Management Services. Subpart 7 -8.2 General Principles Appli­ to December 31, 1973. Voluntary com pli­ cable to the Termination for Conven­ [PR Doc.73-9693 Filed 5-15-73:8:45 am] ance continues to be authorized. Note ience and Settlement of Fixed-Price and that because of the wording in docket Cost-Reimbursement Type Contracts Title 49— Transportation HM-8; amendment No. 173-70 (38 FR 5292) paragraph 173.404(h), the previ­ §§ 7-8.211-1 and 7-8.211-2 CHAPTER I— DEPARTMENT OF TRANSPORTATION ously authorized corrosive labels will [Amended] thereby be authorized until January 1, 39. Delete “Assistant Administrator for SUBCHAPTER A— HAZARDOUS MATERIALS REGULATIONS 1975. Administration” wherever it appears in The Board also requests additional in­ §§ 7-8.211-1 and 7-8.211-2 (b) and insert [Docket No. HM-57; Arndt. Nos. 171-14, 172-14, 173-61, 174r-14, 175-7, 177-21] formation as follows from those persons “Assistant Administrator for Program concerned about the omission of a pro­ and Management Services” . Delete “ O f­ PART 171— GENERAL INFORMATION AND vision for open-head fiber drums in cor­ fice of Procurement, A/PROC” in § 7- REGULATIONS rosive liquid service. 8.211-2 (c) and insert “ Office o f Contract PART 172— COMMODITY LIST OF HAZ­ 1. Specific identification of these liq­ Management”. ARDOUS MATERIALS CONTAINING THE uids by maximum and minimum per­ SHIPPING NAME OR DESCRIPTION OF centages of corrosive ingredient in their PART 7 -1 0 — BONDS AND INSURANCE ALL ARTICLES SUBJECT TO PARTS formulations ; 170-189 OF THIS CHAPTER 2. Identification of what criterion in­ Subpart 7-10.1 Bonds PART 173— SHIPPERS dicates these materials to be corrosive § 7—10.106 [Amended] in the percentages identified, that is, skin PART 174— CARRIERS BY RAIL FREIGHT corrosive, or metal corrosive only, and 40. Delete “PROC/CSD” at the end of to what metal. § '-10.106(b), and insert “Office of Con­ PART 175— CARRIERS BY RAIL EXPRESS tract Management”. PART 177— SHIPMENTS MADE BY WAY 3. Identification of the minimum and OF COMMON, CONTRACT, OR PRIVATE maximum vicosity, in centipoises meas­ Subpart 7-10.3 Insurance— General CARRIERS BY PUBLIC HIGHWAY ured at 20° C., for the formulations pro­ § 7-10.302 [Amended] posed to be shipped in these drums. Classification of Corrosive Hazards; Post­ 41. Delete “Office of Procurement” at The Board cannot finalize its action ponement of Mandatory Effective Date in this area without this information. the end of § 7-10.302, and insert “Office On March 23, 1972, April 26, 1972, and The Board requests that this informa­ of Contract Management”. on September 16, 1972, the Hazardous tion be submitted before June 30,1973, to

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 No. 94— Pt. I ------a 12808 RULES AND REGULATIONS the Secretary, Hazardous Materials Reg­ 123 of the National Traffic and Motor § 1033.1133 Service Order No. 1133. ulations Board, Department of Trans­ Vehicle Safety Act (Public Law 92-548). portation, Washington, D.C. 20590. (a) Central Iowa Railway and De­ An additional comment concerned the velopment Company authorized to op­ Issued in W ashington, D.C., on May 11, inequity in treatment between three- erate over tracks abandoned by Chicago, 1973. and four-wheeled vehicles, the former Rock Island, and Pacific Railroad Com­ A l a n I. R o b e r t s , categorized as “motorcycles” for pur­ pany and to operate over tracks of Chi­ Secretary. poses of the standards and required to cago, Rock Island, and Pacific Railroad comply with fewer standards. By a sepa­ [PR Doc.73-9747 Filed 5-15-73;8:45 am] Company. The Central Iowa Railway and rate notice published today (38 FR Development Co. (CIRC), be, and it is 12818) the NHTSA is seeking to correct hereby, authorized to operate over tracks CHAPTER V— NATIONAL HIGHWAY TRAF­ this inequity by proposing a redefinition abandoned by the Chicago, Rock Island, FIC SAFETY ADMINISTRATION, DE­ of “motorcycle” which would exclude and Pâcific Railroad Co. (R I), between PARTMENT OF TRANSPORTATION most three-wheeled vehicles. Hills, Iowa, and Montezuma, Iowa. [Docket No. 72-20; Notice 2] In consideration of the foregoing, 49 (b) The CIRC be, and it is hereby, au­ CFR 571.7(a) is revised to read as thorized to operate over tracks of the RI PART 571— FEDERAL MOTOR VEHICLE follow s: between Iowa City, Iowa, and Hills, SAFETY STANDARDS § 571.7 Applicability. Iowa, a distance of approximately 7.73 Lightweight Motor Vehicles miles. (a) General.—Except as provided in (c) Application.—The provisions of This notice amends the Federal Motor paragraphs (c) and (d) of this section, Vehicle Safety Standards, 49 CFR part this order shall apply to intrastate, inter­ each standard set forth in subpart B of state, and foreign traffic. 571, by removing the general provision this part applies according to its terms excepting motor vehicles of 1,000 pounds (d) Nothing herein shall be considered to all motor vehicles or items of motor as a prejudgment of the application of or less curb weight other than trailers vehicle equipment the manufacture of and motorcycles (hereafter referred to the CIRC in finance docket No. 27367 which is completed on or after the effec­ seeking permanent authority to acquire as “lightweight vehicles”) from the ap­ tive date of the standard. plicability of the safety standards. and operate this line. The NHTSA published a notice of * * * 4s 4c (e) Effective date.—This order shall proposed rulemaking on August 16, 1972 Effective date.—January 1, 1974. become effective at 11:59 p.m., May 10, (37 FR 16553) proposing that the motor 1973. (Sec. 103, 119, Public Law 89-563, 80 Stat. (f) Expiration date.— The provisions vehicle safety standards apply to all ve­ 718, 15 U.S.C. 1392, 1407; delegation of au­ hicles regardless of weight. Comments thority at 38 PR 12147.) of this order shall expire at 11:59 p.m., generally favored the proposal. Those October 31, 1973, unless otherwise modi­ who opposed the proposal expressed con­ Issued on May 10, 1973. fied, changed, or suspended by order of this Commission. cern that standards compliance would J a m e s E . W il s o n , hinder development of small urban Associate Administrator, (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, vehicles. It was recommended that dif­ Traffic Safety Programs. 384, as amended; 49 U.S.C. 1, 12, 15, and 17 (2). Interprets or applies secs. 1(10-17), 15 ferent performance requirements be [PR Doc.73-9744 Filed 5-15-73;8:45 am] adopted for lightweight passenger cars (4), and 17(2), 40 Stat. 101, as amended, 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and 17 in some areas of the standards, such as (2).) those related to structural crashworth­ CHAPTER X— INTERSTATE COMMERCE iness. One commenter requested that COMMISSION It is further ordered, That copies of exemption not be discontinued, but he SUBCHAPTER A— GENERAL RULES AND this order shall be served upon the Asso­ be made available for vehicles with a REGULATIONS ciation of American Railroads, Car Serv­ curb weight o f up to 1,500 pounds. [S.O. 1133] ice Division, as agent o f the railroads subscribing to the car service and car The NHTSA has determined that the PART 1033— CAR SERVICE general exception of lightweight vehicles hire agreement under the terms of that from conformity with the standards can Central Iowa Railway and Development Co. agreement, and upon the American Short no longer be justified, and is hereby At a session of the Interstate Com­ Line Railroad Association; and that amending 49 CFR § 571.7(a) to remove notice of this order shall be given to the merce Commission, Railroad Service general public by depositing a copy in it. In so doing, it is mindful of the poten­ Board, held in Washington, D.C., on the tial effect of this action upon the devel­ the Office of the Secretary of the Com­ 7th day of May 1973. mission at Washington, D.C., and by fil­ opment of small, economical vehicles. As It appearing, that the Chicago, Rock it observed in the notice: ing it with the Director, Office of the Island, and Pacific Railroad Co. (Ill), in Federal Register. It remains true that vehicles in this weight docket FD 26445 has abandoned its line class have inherent disadvantages in meet­ between Hills, Iowa, and Montesuma, By the Commission, Railroad Service ing standards requiring, for example, struc­ Iowa; that the Central Iowa Railway Board. tural strength or considerable crush dis­ tance. Many other important standards, on and Development Co. (CIRC), in finance [sèal] R obert L. O swald, the other hand, such as those on lighting, docket No. 27367, has requested perma­ Secretary. braking, and glazing, should be attainable nent authority to acquire and operate [PR Doc.73-9726 Filed 5-15-73;8:45 am] by lightweight vehicles virtually as easily this line; that the RI has given its con­ as by heavier ones. It thus appears in the sent to the operation of this line and public interest to consider the needs and over certain of its other tracks by the [S.O. 1135] problems of lightweight vehicles on a CIRC pending conclusion of certain standard-by-standard basis (as is presently transactions between the RI and the PART 1033— CAR SERVICE done in the case of heavy vehicles, which re­ ceive differential treatment in several stand­ CIRC g that operation over this line by Illinois Central Gulf Railroad Co. the CIRC is necessary to provide unin­ ards), rather than by an across-the-board At a session of the Interstate Com­ exception. terrupted railroad service to shippers served by this line in the interest of the merce Commission, Railroad Service A manufacturer has the option of peti­ public and the commerce of the people; Board, held in Washington, D.C., on the tioning for amendment of any standard that notice and public procedure herein 9th day o f May 1973. / it feels is impracticable or inappropriate are impracticable and contrary to the It appearing, that the Penn Central for lightweight vehicles. Alternatively, it Transportation Co., George P. Baker, public interest; and that good cause ex­ Richard C. Bond, and Jervis Langdon, may be eligible to petition for temporary ists for making this order effective upon Jr., trustees (PC), is unable to operate exemption from one or more, standards less than 30 days’ notice. over its line between Hillsboro, 111., and upon one of the bases provided in section It is ordered, T hat: Litchfield, 111., because of track dam age

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 RULES AND REGULATIONS 12809

[S .0 .1136] agreement, and upon the American resulting from high water and flooding; PART 1033— CAR SERVICE Short Line Railroad Association; and that the Illinois Central Gulf Railroad that notice of this order shall be given Co. (ICG) has agreed to serve shippers Chicago and North Western Transportation to the general public by depositing a located on PC tracks at Litchfield, HI.; Co. copy in the Office of the Secretary of the that th e PC has consented to such use of At a session of the Interstate Com­ Commission at Washington, D.C., and its tracks by the ICG; that operation by merce Commission, Railroad Service by filing it with the Director, Office of the ICG over tracks of the PC at Litch­ Board, held in Washington, D.C., on the the Federal Register. field, HI., is necessary in the interest of the public and the commerce of the 9th day o f May 1973. By the Commission, Railroad Service It appearing, that the Chicago and people; that notice and public procedure Board. North Western Transportation Co. herein are impracticable and contrary (CNW), is unable to operate over its [seal] R obert L. O swald, to the public interest; and that good linft between Wisconsin Rapids, Wis., Secretary. cause exists for making this order effec­ and Nekoosa, Wis., a distance of approx­ [FR Doc.73-9725 Filed 5-15-73;8:45 am] tive u p o n less than 30 days’ notice. It is ordered, That: imately 6.7 miles, because of track con­ ditions; that CNW operations can be Title 7— Agriculture § 1033.1135 Service Order No. 1135. accomplished by use of tracks of the Soo Line Railroad Co. (SOO) between Subtitle A— Office of the Secretary of (a) Illinois Central Gulf Railroad Agriculture Company authorized to operate over Wisconsin Rapids, Wis., and Nekoosa, tracks of Penn Central Transportation Wis.; that the SOO has consented to PART 2— DELEGATIONS OF AUTHORITY Company, George P. Baker, Richard C. the use of such tracks by the CNW; BY THE SECRETARY OF AGRICULTURE Bond, and Jervis Langdon, Jr., trustees. that the operation by the CNW over the AND GENERAL OFFICERS OF THE DE­ The Hlinois Central Gulf Railroad Co. aforementioned tracks of the SOO is PARTMENT (ICG), be, and it is hereby, authorized necessary in the interest of the public Subpart J— Delegations of Authority by the to operate over tracks of the Penn Cen­ and the commerce of the people; that Assistant Secretary for Administration notice and public procedure herein are tral Transportation Co., George P. Baker, D irector, O ffice of B udget and F inance Richard C. Bond, and Jervis Langdon, impracticable and contrary to the pub­ Jr,, trustees (PC) at Litchfield, HI. lic interest; and that good cause exists Section 2.75(a), Title 7, Code of Fed­ (b) Application.—The provisions of for making this order effective upon less eral Regulations, is amended to authorize this order shall apply to intrastate, in­ than 30 days’ notice. the Director, Office of Budget and Fi­ terstate, and foreign traffic. It is ordered, That: nance to provide management support (c) Rates applicable.—Inasmuch as § 1033.1136 Service Order No. 1136. services for the National Finance Center this operation by the ICG over tracks of at New Orleans, La., and by agreement the PC is deemed to be due to carrier’s (a) Chicago and North Western with agency heads concerned to also pro­ disability, the rates applicable to traffic Transportation Company authorized to vide these services to other USDA ten­ moved by the ICG over these tracks of operate over tracks of Soo Line Railroad ants housed in the same facility. the PC shall be the rates which were Co. The Chicago and North Western Section 2.75(a) is amended to read as applicable on the shipments at the time Transportation Co. (CNW), be, and it is follow s: . of shipment as originally routed. hereby, authorized to operate over tracks of the Soo Line Railroad Co. (SOO), be­ § 2.75 Director, Office o f Budget and (d) Effective date.—This order shall Finance. become effective at 11:59 p.m., May 10, tween Wisconsin Rapids, Wis., and Ne­ 1973. koosa, Wis., a distance of approximately (a) * * * (e) Expiration date.—The provisions 6.7 miles. (7) Provide management support serv­ of this order shall expire at 11:59 p.m., (b) Application.—The provisions of ices for the National Finance Center June 30,1973, unless otherwise modified, this order shall apply to intrastate, in­ and by agreement with agency heads changed, or suspended by order o f this terstate, and foreign traffic. concerned to provide such services to Commission. (c) Rates applicable.—Inasmuch as other USDA tenants housed in the same this operation by the CNW over tracks facility. As used herein, the term man­ (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, of the Soo is deemed to be due to car­ agement support services shall include: 384, as amended; 49 U.S.C. 1, 12, 15, and 17 rier’s disability, the rates applicable to (2). Interprets or applies secs. 1(10-17), (i) Personnel, organization, and re­ traffic moved by the CNW over the lated service, with authority to take 15(4), and 17(2), 40 Stat. 101, as amended, tracks of the Soo shall be the rates 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and actions required by law or regulations to 17(2).) which were applicable on the shipments perform personnel management func­ at the time of shipment as originally tions including employment, classifica­ It is further ordered, That copies of routed. tion, organization, employee security, this order shall be served upon the Asso­ (d) Effective date.—This order shall and related matters. ciation of American Railroads, Car Serv­ become effective at 11:59 p.m., May 9, (ii) Procurement, property manage­ ice Division, as agent of tthe railroads 1973. ment, space management, communica­ subscribing to the car service and car (e) Expiration date.—The provisions tions, messenger, paperwork manage­ hire agreement under the terms o f that of this order shall expire at 11:59 p.m., ment, and related administrative serv­ agreement, and upon the American June 15, 1973, unless otherwise modi­ ices, with authority to take actions re­ Short Line Railroad Association; and fied, changed, or suspended by order of quired by law or regulation to perform that notice of this order shall be given this Commission. administrative services functions, but to the general public by depositing a copy (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, excluding contracting authority and ex­ in the Office of the Secretary o f the Com­ 384, as amended; 49 U.S.C. 1, 12, 15, and cluding authority to establish a manage­ mission at Washington, D.C., and by 17(2). Interprets or applies secs. 1(10-17), ment support directives system, which filing it with the Director, Office of the 15(4). and 17(2), 40 Stat. 101, as amended, have been delegated to the Director, Of­ Federal Register. 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and fice of Management Services. 17(2).) ***** By the Commission, Railroad Service It is further ordered, That copies of Board. Joseph R . W right, Jr., this order shall be served upon the As­ Assistant Secretary [seal] R obert L. O swald, sociation of American Railroads, Car for Administration, Secretary. Service Division, as agent of the railroads M ay 10, 1973. subscribing to the car service and car [FR Doc.73-9645 Filed 5-15-73;8:45 am] IFR Doc.73-9724 Piled 5-15-73;8:45 am] hire agreement under th'e terms of that

FEDERAL REGISTER, VOL. 38, N O . 94— -WEDNESDAY, M A Y 16, 1973 12810 RULES AND REGULATIONS

PART 2— DELEGATIONS OF AUTHORITY Kansas—Continued PART 401— FEDERAL CROP INSURANCE BY THE SECRETARY OF AGRICULTURE Morris Russell AND GENERAL OFFICERS OF THE DE­ Nemaha Saline Subpart— Regulations for the 1969 and PARTMENT Neosho Scott Succeeding Crop Years Osage Sedgwick Subpart J— Delegations of Authority by the Osborne Assistant Secretary for Administration Seward A ppendix—Counties D esignated for Ottawa Shawnee C otton C rop Insurance D irector, O ffice of M anagement Pawnee Smith Services Phillips Stafford Pursuant to authority contained in Pottawatomie Stanton § 401.101 of the above-identified regula­ Section 2.77(a), Title 7, Code of Fed­ Pratt Stevens tions, as amended, the following coun­ eral Regulations, is amended to empower Reno Sumner Republic ties have been designated for cotton crop the Director, Office of Management Serv­ Wabaunsee insurance for the 1974 crop year. ices, to authorize agency heads to pro­ Rice Washington Riley Wichita vide on-site management support serv­ Rooks Alabama ices for the various computer centers of Wilson Rush Woodson Barbour Hale USDA. Blount Henry Section 2.77(a) is amended to read as Missouri Cherokee Houston follow s: Atchison Henry Chilton Jackson Bates Vernon Coffee Lauderdale Colbert § 2.7 7 Director, Office o f Management Nebraska Lawrence Services. Conecuh Limestone Adams Madison Covington Madison (a) * * * Boone Nance Crenshaw Marshall (3) By agreement with agency heads Butler Nemaha Cullman Morgan of organizations located at USDA com­ Cass Nuckolls Dale Pickens puter centers, authorize such agency Clay Otoe Dallas Pike Colfax Pawnee De Kalb Shelby heads to provide on-site management Dodge support services for such computer cen­ Platte Escambia Talladega Fillmore Polk Etowah Tuscaloosa ters. As used herein, management sup­ Franklin Richardson Geneva port services include the services listed Gage Saline Arizona under subdivisions (i), (ii), and (iii) of Hall Saunders paragraph (a)( 2) o f this section. Hamilton Seward Maricopa Yuma Jefferson Thayer Joseph R. W right, Jr., Pinal Johnson Webster Assistant Secretary Kearney York Arkansas for Administration. Lancaster Arkansas Lee M ay 10,1973. New Mexico Ashley Lincoln Chicot [PR Doc.73-9646 Filed 5-15-73:8:45 am] Curry Lea Lonoke Clay Mississippi Oklahoma Craighead Monroe Crittenden CHAPTER IV— FEDERAL CROP INSUR­ Alfalfa Jackson Phillips Blaine Kay Cross Poinsett ANCE CORPORATION, DEPARTMENT Desha Prairie OF AGRICULTURE Caddo Kiowa Canadian Mayes Greene Randolph PART 401— FEDERAL CROP INSURANCE Craig Nowata Jackson Saint Francis Delaware Jefferson Woodruff Subpart— Regulations for the 1969 and Ottawa Garfield Texas Lawrence Succeeding Crop Years Grady Tillman California A ppendix—Counties D esignated for Grant Washita G rain Sorghum Crop Insurance South Dakota Fresno Madera Imperial Merced Pursuant to authority contained in Bon Homme Hanson Kern Charles Mix Riverside § 401.101 o f the above-identified regu­ Hutchinson Kings Tulare Davison Sanborn lations, as amended, the following coun­ Douglas Florida ties have been designated for grain sor­ T exas ghum crop insurance for the 1974 crop Jackson year. Bailey Hutchinson Bell Lamb Georgia Arizona Bosque Lubbock Baker Irwin Maricopa Yuma Briscoe McLennan Ben Hill Lee Pinal Calhoun Matagorda Brooks Miller Colorado Carson Milam Bulloch Mitchell Kit Carson Castro Moore Calhoun Randolph Kansas Collin Navarro Candler Sumter Crosby Nueces Clay Tattnall Allen Grant Dallam Ochiltree Anderson Gray Coffee Terrell Deaf Smith Oldham Colquitt Thomas Atchison Greenwood Denton > Parmer Barton Cook Tift Harvey Ellis Randall Crisp Bourbon Haskell Toombs Balls Refugio Decatur Turner Brown Jackson Floyd San Patricio Butler Dooly Worth Jefferson Fort Bend Sherman Early Chase Jewell Grayson Swisher Clay Johnson Guadalupe Travis Cloud Kearny Kentucky Coffey Hale Victoria Fulton Kingman Hansford Wharton Cowley Labette Hartley Wilbarger Louisiana Crawford Lincoln Hill Williamson Acadia Madison Dickinson Linn Hunt Doniphan Avoyelles Morehouse Lyon Bossier Douglas Marion (Secs. 506, 516, 52 Stat. 73, as amended, 77, as Natchitoches Elk amended; 7 tf.S.C. 1506,1516.) Caddo Pointe Coupee Marshall Caldwell Ellis McPherson Rapides Ellsworth [seal] D. W. M cEl wrath, Catahoula Red River Meade Concordia Finney Miami Acting Manager, Richland Franklin Federal Crop Insurance Corporation. East Carroll Saint Landry Mitchell Evangeline Geary Montgomery Tensas [FR Doc.73-9651 Filed 5-15-73;8:45 am] Franklin West Carroll

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 RULES AND REGULATIONS 12811 (Secs. 506, 516, 52 Stat. 73, as amended, 77, Mississippi T exas—Continued as amended; 7 U.S.C. 1506, 1516.) Alcorn Madison Ellis Matagorda Benton Monroe El Paso McLennan [ seal] D. W. M cElwrath, Bolivar Panola Falls Milam Acting Manager, Calhoun Pontotoc Fannin Navarro Federal Crop Insurance Corporation. Carroll Prentiss Floyd Nueces Chickasaw Quitman Fort Bend Parmer [FR Doc.73-9654 Filed 5-15-73;8:45 am] Coahoma Sharkey Garza Pecos De Soto Sunflower Grayson Presidio Hinds Tallahatchie Hale Reeves PART 411— GRAPE CROP INSURANCE Holmes Tippah Haskell Refugio Robertson Subpart— Regulations for the 1967 and Humphreys Tunica Hill Succeeding Crop Years Issaquena Union Hockley San Patricio Jefferson Davis Washington Hudspeth Swisher A ppendix—Counties D esignated for Lee Yazoo Hunt Terry G rape Crop I nsurance Leflore Knox Travis Lamar Victoria Pursuant to authority contained in Missouri Lamb Wharton § 411.1 of the above-identified regula­ Butler Pemiscot Limestone Wilbarger tions, the following counties have been Dunklin Scott Lubbock Williamson designated for grape crop insurance for Mississippi Stoddard Lynn the 1974 crop year. New Madrid Virginia New York New Mexico Greensville Southampton Chautauqua Seneca Chaves Eddy (Secs. 506, 516, 52 Stat. 73, as amended, 77, Niagara Steuben Dona Ana Lea as amended; 7 U.S.C. 1506, 1516.) Ontario Yates North Carolina Schuyler [ seal] D. W. M cElwrath, Anson Montgomery Acting Manager, Pennsylvania Bertie Moore Federal Crop Insurance Corporation. Erie Chowan Nash Cleveland Northampton [FR Doc.73-9655 Filed 5-15-73; 8; 45 am] (Secs. 506, 516, 52 Stat. 73, as amended, 77, Cumberland Pitt as amended; 7 U.S.C. 1506, 1516.) Edgecombe Richmond Robeson PART 401— FEDERAL CROP INSURANCE [ seal] D. W. M cElwrath, Franklin Acting Manager, Greene Rowan Subpart— Regulations for the 1969 and Rutherford Federal Crop Insurance Corporation. Halifax Succeeding Crop Years Harnett Sampson [FR Doc.73-9652 Filed 5-15-73;8:45 am] Hertford Scotland Appendix—Counties D esignated for Hoke Union W heat Crop I nsurance Iredell Warren Johnston Wayne Pursuant to authority contained in CHAPTER IX— AGRICULTURAL MARKET­ Lincoln Wilson' ING SERVICE (MARKETING AGREE­ § 401.101 of the above-identified regula­ MENTS AND ORDERS; FRUITS, VEGE­ Oklahoma tions, as amended, the following counties TABLES, NUTS), DEPARTMENT OF Beckham Jackson are hereby added to the list of counties AGRICULTURE Caddo Kiowa published January 18,1973 (38 PR 1726), [Nectarine Regulation 4] Grady Tillman Harmon Washita which were designated for wheat crop in­ PART 916— NECTARINES GROWN IN surance for the 1974 crop year. CALIFORNIA South Carolina Arizona Aiken Greenville Limitation of Shipments Allendale Hampton Maricopa Yuma This regulation requires that all Cali­ Anderson Kershaw Pinal fornia nectarines grade at least U.S. Bamberg Laurens California No. 1 Grade. It also provides additional Barnwell Lee Imperial Calhoun Lexington tolerances for: Fairly light colored Chester Marion (Secs. 506, 516, 52 Stat. 73, as amended, 77, smooth scars; form not considered Chesterfield Marlboro as amended; 7 U.S.C. 1506, 1516,) serious; and fairly smooth or smooth Clarendon Orangeburg [ seal] D . W . M cElwrath, russeting for two specified varieties. Darlington Saluda Acting Manager, Minimum sizes are established for cer­ Dillon Spartanburg tain specified nectarine varieties. Dorchester Sumter Federal Crop Insurance Corporation. Edgefield Williamsburg [FR Doc.73-9653 Filed 5-15-73;8:45 am] Findings.—(1) Pursuant to the Florence York amended marketing agreement and Or­ der No. 916 (7 CFR pt. 916), regulating Tennessee PART 401— FEDERAL CROP INSURANCE the handling of nectarines grown in the Carroll Lake State of California, effective under the Chester Lauderdale Subpart— Regulations for the 1969 and âpplicable provisions of the Agricultural Crockett Lawrence Succeeding Crop Years Marketing Agreement Act o f 1937, as Dyer Lincoln A ppendix—Parishes D esignated for Payette McNairy amended (7 U.S.C. 601-674), and upon Franklin Madison S ugarcane Crop Insurance the basis of the recommendations of the Gibson Obion Pursuant to ^authority contained in Nectarine Administrative Committee, es­ Giles Shelby tablished under the aforesaid marketing Hardeman Tipton § 401.101 of the above-identified regula­ agreement and order, and upon other Haywood Weakley tions, the following parishes have been available information, it is hereby found Henderson designated for sugarcane crop insurance that the limitation of shipments of nec­ T exas fo r the 1974 crop year. tarines, as hereinafter set forth, and in Austin Castro Louisiana the manner herein provided, will tend Bailey Cochran to effectuate the declared policy of the Bell Collin Ascension St. James act. Bosque Crosby Assumption St. John the Baptist (2) The recommendations by the Nec­ Brazos Culberson Iberia St. Martin Briscoe Dawson Iberville St. Mary tarine Administrative Committee reflect Burleson Deaf Smith Lafourche Terrebonne its appraisal of the nectarine crop and Calhoun Denton Pointe Coupee West Baton Rouge current and prospective market condi-

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 12812 RULES AND REGULATIONS

tions. Shipments of California nectarines disseminated among handlers of such specified in paragraphs (a) (4) (i) and are expected to begin on or about May 17, nectarines; and compliance with the (ii) of this section, measure not less than 1973. This regulation would terminate provisions of this regulation will not re­ 1% inches in diameter as measured by the existing grade regulation (effective quire of handlers any preparation there­ a rigid ring: Provided, That not more June 3,1972, through May 31,1973). The for which cannot be completed by the than 10 percent, by count, of the nectar­ grade requirements specified herein for effective time hereof. Such Committee ines in any container may fail to meet all varieties will prevent the handling meeting was held on April 24, 1973. such diameter requirement. from May 17, 1973, thorugh June 16, § 91 6.34 6 Nectarine Regulation 4. (5) During the period May 17, 1973, 1973, of any nectarines o f a lower grade through June 16, 1973, no handler shall than is hereinafter specified. Shipments (a) Order.—(1) Nectarine Regulationhandle any package or container of June of nectarine varieties being regulated by 1 (37 FR 8862, 10716) is hereby termi­ Belle, June Grand, May Grand, Red size are expected to begin on or about nated as of the effective date hereof. June, Sunbright, Sim King, or Sunrise the effective date of this regulation. The (2) During the period May 17, 1973, variety nectarines unless : size requirements provided herein will through June 16, 1973, no handler shall (i) Such nectarines, when packed in a prevent the handling, from May 17,1973, handle any package or container of any No. 22D standard lug box, are of a size through June 16,1973, of any nectarines variety of nectarines unless such nec­ that will pack, in accordance with the smaller in size than is hereinafter speci­ tarines grade at least U.S. No. 1: Pro­ requirement of a standard pack, not more fied, for the named varieties. Further­ vided, That nectarines 2 inches in diam­ than 108 nectarines in the lug box; more, the grade and size requirements eter or smaller, or 4 by 4 size or smaller, (ii) Such nectarines, when packed in a provided herein are necessary so as to shall not have fairly light colored, fairly standard basket, are of a size not smaller assure consumers of an appropriate sup­ smooth scars which exceed the aggre­ than a size that will pack a 4 by 4 stand­ ply of quality fruit diming the 1973 sea­ gate area of a circle three-eighths inch ard pack; or in diameter, and nectarines larger than 2 son and is in keeping with the objective (iii) Such nectarines, when packed in of maintaining grower returns at a level inches in diameter, or larger than 4 by 4 size, shall not have fairly light colored, any container other than the containers consistent with the public interest. specified in paragraphs (a) (5) (i) and (3) It is hereby further found that itfairly smooth scars which exceed an ag­ (ii) of this section, measure not less is impracticable, unnecessary, and con­ gregate area of a circle one-half inch in than 2 inches in diameter as measured by trary to the public interest to give pre­ diameter: Provided further, That an ad­ a rigid ring: Provided, That not more liminary notice, engage in public rule- ditional tolerance of 25 percent shall be than 10 percent, by count, of the nectar­ making procedure, and postpone the permitted for fruit that is not well ines in any container may fail to meet effective date of this regulation until 30 formed but not badly misshapen: Pro­ such diameter requirement. days after publication thereof in the vided further, That 25 percent o f the ( 6) During the period May 17, 1973, F ederal R egister (5 U.S.C. 553) in that, surface of each fruit of the Sun Free and through June 16, 1973, no handler shall as hereinafter set forth, the time inter­ Golden Grand varieties may be affected handle any package or container of vening between the date when informa­ by fairly smooth or smooth russeting. Early Sun Grand, Grandandy, Independ­ tion upon which this regulation is based (3) During the period May 17, 1973, ence, Moon Grand, Star Grand I, Star became available and the time when this through June 16, 1973, no handler may Grand n, Sim Flame, Sun Grand, or regulation must become effective in or­ handle any package or container of May Rose variety nectarines unless: der to effectuate the declared policy of Red variety nectarines unless: (i) Such nectarines, when packed in the act is insufficient; a reasonable time (i) Such nectarines, when packed in a a No. 22D standard lug box, are of a size is permitted, under the circumstances, No. 22D standard lug box are of a size that will pack, in accordance with- the for preparation for such effective time; that will pack, in accordance with the re­ requirements of a standard pack, not and good cause exists for making the quirements of-a standard pack, not more more than 96 nectarines in the lug box; provisions hereof effective not later than than 130 nectarines in the lug box; or the date hereinafter specified. A reason­ (ii) Such nectarines when packed in a (ii) Such nectarines, when packed in able determination as to the supply of, standard basket, are of a size not smaller any container other than in a No. 22D and the demand for, such nectarines, than a size that will pack 4 by 5 stand­ standard lug box, measure not less than which are currently regulated pursuant ard pack; or 2ys inches in diameter as measured by to Nectarine Regulation 3 (37 FR 8862, (iii) Such nectarines when packed in a rigid ring: Provided, That, not more 10716), must await the development of any container other than the containers than 10 percent, by count, of the nec­ the crop thereof, adequate information specified in paragraphs (a>(3) (i) and tarines in any container may fail to meet thereon was not available to the Nec­ (ii) of this section, measure not less than such diameter requirement. tarine Administrative Committee until 1% inches in diameter as measured by a (7) During the period May 17, 1973, the date hereinafter set forth on which rigid ring: Provided, That not more than through June 16, 1973, no handler shall an open meeting was held, after giving 10 percent by count of nectarines in any handle any package or container of due notice thereof, to consider the need container may fail to meet such diameter Autumn Grand, Clinton-Strawberry, for, and the extent of, regulation of ship­ requirement. Fantasia, Flame Kist, Flavor Top, Gold ments of such nectarines; interested (4) During the period May 17, 1973, King, Granderli, Grand Prize, Harry persons were afforded an opportunity to through June 16, 1973, no handler shall Grand, Hi-Red, Late Le Grand, Le submit information and views at this handle any package or container of Arm Grand, Red Grand, Regal Grand, Rich­ meeting; the recommendation and sup­ King, Crimson Gold, Grand River, May- ard’s Grand, Royal Grand, September porting information for regulation dur­ fair, or Zee Gold variety nectarines Grand, or Sun Free variety nectarines, ing the period specified herein were unless: unless: promptly submitted to the Department (i) Such nectarines, when packed in a (i) Such nectarines, when packed in a after such meeting was held; shipments No. 22D standard lug box, are of a size of the current crop of such nectarines No. 22D standard lug box, are of a size that will pack, in accordance with the that will pack, in accordance with the are expected to begin on or about the requirement of a standard pack, not effective date of this regulation; this reg­ requirements of a standard pack, not more than 112 nectarines in the lug box; more than 88 nectarines in the lug box; ulation should be applicable to all such or or shipments in order to effectuate the de­ (ii) Such nectarines, when packed in clared policy of the act; the provisions (ii) Such nectarines, when packed in a standard basket, are of a size not any container other than in a No. 22D of this regulation are identical with the smaller than a size that will pack a 3 by 4 standard lug box, measure not less than aforesaid recommendation of the com­ by 5 standard pack; 2*4 inches diameter as measured by a mittee, information concerning such (iii) Such nectarines, when packed in rigid ring: Provided, That not more than, provisions and effective time has been any container other than the containers 10 percent, by count, o f the nectarines

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 RULES AND REGULATIONS 12813 in any container may fail to meet such meaning as when used in the marketing diameter requirement. basket set forth in section 43592 o f the (8) When used herein, “diameter,” agreement and order. “U.S. No. 1,” and “standard pack” shall (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. have the same meaning as set forth in 601-674.) the U.S. Standards for Grades of Nec­ tarines (7 CFR 51.3145-51.3160); “stand­ Dated May 14, J973. ard basket” shall mean the standard P aul A. Nicholson, Agricultural Code of California; “No. 22 Deputy Director, Fruit and standard lug box” shall have the same Vegetable Division, Agricul­ meaning as set forth in section 43601 of tural Marketing Service. the Agricultural Code of California; and all other terms shall have the same [PR Doc.73-9879 Filed 5-15-73;8:45 am]

FEDERAL REGISTER, VOL. 38, N O . 94— WEDNESDAY, M AY 16, 1973 12814

______Proposed Rules______

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rulemaking prior to the adoption of the final rules.

DEPARTMENT OF AGRICULTURE substance, and otherwise distinctly low damages prescribed in § 989.159(g) (2) quality shall be upon the basis of the Agricultural Marketing Service (iii) on unauthorized disposition of cer­ grain as a whole. All other determina­ tain off-grade raisins from $200 per ton [ 7 CFR Part 2 6 ] tions shall be upon the basis of the grain to $400 per ton, and to increase the maxi­ WHEAT when free from dockage. mum amount prescribed in § 989.166(f) by which the committee may adjust a Clarification of Standards Public hearings on the proposed amendment will not be held but all per­ handler’s share of an offer of reserve The U.S. Grain Standards Act pro­ sons who desire to submit written data, raisins from 2 tons to 10 tons. vides for official U.S. standards to desig­ views, or arguments on this proposal The subpart is operative pursuant to nate the levels of quality of grain for should file them in duplicate with the the marketing agreement, as amended, voluntary use by producers, merchan­ Hearing Clerk, U.S. Department of Agri­ and order No. 989, as amended (7 CFR disers, and consumers in the domestic culture, room 112, Administration Build­ part 989; 37 FR 19621, 20022), regulating marketing of grain and for mandatory ing, Washington, D.C. 20250, not later the handling of raisins produced from use in the export marketing of grain. than July 15, 1973. Any persons who grapes grown in California. The amended Official grading service is provided under desire to submit their views orally in an marketing agreement and order, herein­ the act upon request of the applicant and informal manner should so advise the after referred to collectively as the payment of a fee to cover the cost of the Director, Grain Division, Agricultural “ order,” are effective under the Agricul­ service. Marketing Service, U.S. Department of tural Marketing Agreement Act of 1937, Statement of considerations.—Section Agriculture, 6525 Belcrest Road, H yatts- as amended (7 U.S.C. 601-674). The pro­ 26.314 of the TJ.S. Standards for Wheat ville, Md. 20782 [telephone 301— 436- posal was unanimously recommended by reads as follows: 87761 so that arrangements may be made the Raisin - Administrative Committee, § 26.314 Basis of determination. for such submission by said date. A sum­ hereinafter referred to as the “Commit­ tee,” established under the order. Each determination of dockage, moisture, mary of such views will be made and temperature, odor, garlic, live weevils or furnished for verification to the person Section 989.59(f) o f the order provides, other insects injurious to stored grain, and making the submission and if approved in part, that the committee shall estab­ distinctly low quality shall be upon the basis by him will be filed in the Office of the lish, with the approval o f the Secretary, of the grain as a whole. All other determina­ Hearing Clerk. All comments so filed will such rules and procedures as may be tions shall be upon the basis of the grain be available for public inspection at said necessary to insure adequate control over when free from dockage. office dining official hours of business off-grade raisins, other failing raisins, In administration of this section, de­ (7 CFR 1.27(b)). Consideration will be and raisin residual material. Pursuant to terminations of the presence of crotalaria given to all comments filed with the that authority, § 989.159(f) (2) provides, seeds, large stones, castor beans, broken in part, that any handler may ship, Hearing Clerk, and to all other informa­ transfer, or otherwise dispose of off-grade glass, animal filth, unknown foreign sub­ tion available to the U.S. Department of stances, and commonly recognized harm­ raisins, other failing raisins, and raisin ful or toxic substances have been and Agriculture, in arriving at a decision on residual material to or at points within are being made, with trade concurrence, the proposed amendment of the wheat the continental United States (other than on the basis of the wheat as a whole (i.e., standards. Alaska) for use in eligible nonnormal before the dockage has been removed) Copies of the current wheat standards outlets only after filing with the com­ in view of the fact that the presence of may be obtained from the Director, mittee a written application to make such materials is analogous to the con­ Grain Division, Agricultural Marketing such shipment, transfer or other disposi­ ditions which result in wheat being con­ tion and receiving its written approval Service, U.S. Department of Agriculture, thereof. Section 989.159(g) (2) (iii) pro­ sidered to be otherwise of distinctly low 6525 Belcrest Road, Hyattsville, Md. quality within the requirements of the vides that such application shall include wheat standards. 20782, or from any field office of the a provision for liquidated damages To conform the wording in § 26.314 Grain Division. Field office locations can wherein the handler in consideration of with this policy and thereby provide for be found in the telephone directory. the committee approving his application its continuation, and pursuant to section agrees that in the event any raisins or Done at Washington, D.C., on May 10, raisin residual material covered by the 4 of the Ü.S. Grain Standards Act (7 1973. U.S.C. 76), notice is hereby given accord­ approved application should be shipped to E. L. P eterson, ing to the administrative procedure pro­ points outside of the continental United Administrator, States, or to Alaska, or disposed of in visions of 5 U.S.C., section 553, that the Agricultural Marketing Service. U.S. Department of Agriculture has un­ other than eligible nonnormal outlets der consideration a proposed amendment [PR Doc.73-9740 Filed 5-15-73;8:45 am] that he shall pay to the committee the to clarify § 26.314 of the U.S. Standards, sum o f $200 as liquidated damages for each ton so shipped or disposed of. The for Wheat (7 CFR 26.314) to read as [7 CFR Part 989] follow s: com mittee concluded that the sum of RAISINS PRODUCED FROM GRAPES $200 per ton is not reflective of the value § 26.314 Basis o f determination. GROWN IN CALIFORNIA o f raisins in recent years and has there­ Each determination of dockage, mois­ Liquidated Damages and Adjustments of fore recommended that such sum be in­ ture, temperature, odor, garlic, live Allocations of Reserve Tonnage Raisins creased to $400 per ton. weevils or other insects injurious to Section 989.67(d) (5) provides that the stored grain, crotalaria seeds, large Notice is hereby given of a proposal to committee may adjust a handler’s share stones, castor beans, broken glass, ani­ amend subpart—Administrative rules or allocation of reserve tonnage by a mal filth, an unknown foreign substance, and regulations (7 CFR 989.101-989.176; minor quantity to avoid the cost of a commonly recognized harmful or toxic 37 FR 7148) to increase the liquidated physical transfer of such tonnage. Said

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 PROPOSED RULES 12815

Sec. section provides that the maximum Federal Regulations. This subpart G pre­ scribes the policies, procedures, and au­ 1822.261 General. quantity by which a handler’s share or 1822.262 Objectives. allocation may be adjusted shall be pre­ thorizations for making and processing 1822.263 Definitions. scribed in rules and procedures estab­ rural housing site (RHS) loans with the 1822.264 Eligibility requirements. lished by the committee with the ap­ following major revisions: 1822.265 Loan purposes. proval o f the Secretary. Section 989.166 1. Section 1822.263(d) is revised and 1822.266 Limitations. (f) provides, in part, that a handler’s § 1822.271(a) (4) deleted to clairfy that 1822.267 Special conditions. applicants applying for RHS loans do not 1822.268 Bates, terms, and source of funds. share of an offer of reserve tonnage may 1822.269 Security. be adjusted by not more than 2 tons have to be unable to get credit elsewhere. 2. Section 1822.264(a) (1) is revised to 1822.270 Technical, legal, and other services. so as to avoid the cost involved in the 1822.271 Processing applications. physical transfer of raisins. clarify the types of nonprofit organiza­ 1822.272 Loan closing. The recent amendment of the order tions that may be eligible for assistance 1822.273 Actions after sites are developed. provided for reoffers o f reserve tonnage and to eliminate the requirement that 1822.274 Subsequent RHS loans. remaining unsold from regular offers and organizations should have local commun­ 1822.275 Complaints regarding discrimina­ ity leaders as members. tion in opportunity to buy devel­ provided that the committee could sell oped sites. additional reserve tonnage raisins to a 3. Section 1822.265(a) is revised to pro­ vide additional guidelines for financing 1822.276 Special requirements for RHS sec­ handler whose regular allocation of such tion 523 loans (loans to organiza­ tonnage would provide insufficient ton­ offsite facilities. tions providing sites for self-help nage to fill a containerized shipping con­ 4. Section 1822.265(b) is revised to re­ housing). quire the State director to determine tainer. These changes may cause greater that engineering and legal fees, and clos­ Authority.— Sec. 510, 63 Stat. 437, 42 U.S.C. imbalances between a handler’s share 1480; orders of Acting Secretary of Agricul­ of a reserve offer and his physical in­ ing costs, to be paid with loan funds, are ture, 36 FR 21529, 37 FR 22008; order of As­ ventory of reserve tonnage raisins than reasonable and typical for the area. sistant Secretary of Agriculture for Rural have occurred in the past. Furthermore, 5. Section 1822.266 is revised fo r clar­ Development and Conservation, 36 FR 21529. ity and to permit loans up to $150,000 to increased operating expenses, including be approved without authorization from Subpart G— Rural Housing Site Loan the cost of labor and transportation, Policies, Procedures, and Authorizations have made the cost of transporting small the national office. 6. Section 1822.266(d) (2) is revised to § 1822.261 General. quantities o f raisins prohibitive. Based permit State directors to approve of the This subpart sets forth the policies upon these reasons, the committee con­ purchase of land from a member of the cluded that the 2-ton limit on such ad­ and procedures and delegates authority justments is unnecessarily restrictive applicant-organization. for making rural housing site (RHS) 7. Section 1822.266(g) is revised to loans under sections 523 and 524 o f the and recommended the maximum adjust­ limit payment of obligations incurred by ment be increased to 10 tons. Housing Act of 1949. Section 523 loans the applicant before the loan is closed are direct loans for the purchase and de­ Consideration will be given to any to those involved with the purchase of written data, views, or arguments per­ velopment of building sites for housing to land. be built by the self-help method; they taining to the proposal which are 8. Section 1822.267(e) is revised to re­ received by the hearing clerk, U.S. De­ have additional requirements which are quire development work to be awarded on contained in § 1822.276. partment o f Agriculture, room 112, Ad­ a competitive bid basis unless an excep­ ministration Building, Washington, D.C. tion is made by the State director. § 1822.262 Objectives. 20250, not later than May 25, 1973. All 9. Section 1822.269 is revised to require The basic objective of RHS loans is written submissions made pursuant to that a first mortgage be obtained on the this notice should be in quadruplicate to assist public or private nonprofit or­ property purchased or improved with an ganizations interested in providing sites and will be made available for public RHS loan. inspection at the office of the hearing for housing, to acquire and develop land 10. The former § 1822.271(b) (3) (iv) in rural areas. This land will be sub­ clerk during regular business hours (7 concerning the review and evaluation by CFR 1.27(b)). divided into adequate building sites and the county supervisor has been deleted. sold on a nonprofit basis to families eligi­ The proposal is to amend subpart— 11. The former § 1822.271(d)(2) is ble for low- and moderate-income sec­ administrative rules and regulations (7 deleted to eliminate the requirement that tion 502 rural housing (RH) loans, in­ CFR 989.101-989.176; 37 FR 7148) as the FHA county committee act on ap­ follows: cluding self-help housing; cooperative plications for RHS loans. rural cooperative housing (RCH) appli­ 1. Amend subdivision (iii) of § 989.159 12. Section 1822.271(a) concerning cants, and broadly based nonprofit rural (g) (2) by increasing the amount of eligibility has been deleted for clarity. All rental housing (RRH) applicants; and “$200” prescribed therein to “$400.” eligibility requirements are now con­ applicants eligible for housing and urban 2. Amend the second sentence of tained in § 1822.264. Development (HUD) sections 235 and 236 5 989.166(f) by increasing the quantity 13. The former § 1822.276(d) is now insured mortgages. 2 tons” prescribed therein to “ 10 tons.” § 1822.276(c) and has been revised to provide additional guidance on the in­ § 1822.263 Definitions. Dated May 10,1973. formation to be obtained as evidence on As used in this subpart: P a u l A . N ic h o l s o n , the need for sites for self-help housing. (a) A private nonprofit organization Deputy Director, Interested persons are invited to sub­ is a corporation which is owned and con­ Fruit and Vegetable Division. mit written comments, suggestions, or trolled by private persons, is organized [FR Doc.73-9644 Filed 5-15-73; 8:45 am] objections regarding the proposed and operated for purposes other than amendment to the Deputy Administrator making gains or profits for the corpora­ Comptroller, Fanners Home Administra­ tion or members, and is legally pre­ Farmers Home Administration tion, U.S. Department of Agriculture, cluded from distributing to its members room 5007, south building, Washington, [ 7 CFR Part 1 8 2 2 ] any gains or profits. D.C. 20250, on or before June 18,1973. All (b) A public nonprofit organization [FHA Instruction 444.8] written submissions made pursuant to is a nonprofit corporation other than r u r a l h o u s in g l o a n s a n d g r a n t s this notice will be made available for a private nonprofit corporation, includ­ Notice of Proposed Rulemaking public inspection at the Office o f the Dep­ ing a municipal corporation or other uty Administrator Comptroller during corporate agency of a State or local Notice is hereby given that the regular business hours (8:15 a.m.-4:45 government. armers Home Administration has under p .m .). (c) Rural areas means open country consideration proposed amendments to As proposed, the revised subpart G will or an incorporated or unincorporated subpart G of part 1822, title 7, Code o f read as follows: town, village, or other place which has

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 No. 94—pt. i- 12816 PROPOSED RULES

a population not over 10,000 according cluded for this purpose. If any such (4) Payment of any fee, charge, or to the latest figures, and is not a part of facilities are located off the site, the fol­ commission to any broker, negotiator, or or closely associated with an urban area, lowing requirements must be met: other person for the referral of a prospec­ and is rural in character. (1) The applicant will hold the title tive applicant of solicitation of a loan. (d) Development cost means the cost to the facility or have legally assured (5) Payment of any fee, salary, com- of purchasing and developing the sites right to use of the facility for at least mission, profit, or compensation to an including engineering and legal fees, the life of the mortgage and such title or applicant, or to any officer, director, streets, roads, utilities, minimum essen­ right shall be transferable to subsequent trustee, stockholder, member or agent of tial administrative costs, necessary owners of any of the sites. an applicant, except as provided in equipment, and estimated interest. (2) The facilities are provided for the § 1822.265(b). No contract or agreement (e) RHS section 523 loan means a loan exclusive use of the project or funds are for services to be paid for with loan funds to an organization which will provide limited to the prorated part of the total should be executed by the applicant sites for housing to be built by the self- cost of the facility according to the use without prior approval of the State help method. and benefit to the project. Also, a pro­ director. ( f ) RHS section 524 loan means a loan vision must be made for application as (e) Sale of developed sites.—The de­ to an organization which will provide extra payments on the rural housing site veloped sites may be sold only to: sites for housing to be built with no limi­ loan of ahy subsequent collection by the (1) Families having a low- or mod­ tation as to the method of construction borrower from other users or benefi­ erate-income who qualify for a section that will be used. ciaries of the facility. 502 RH loan or a section 235 HUD in­ (3) Adequate security can be obtained sured mortgage. § 1822.264 Eligibility requirements. without a mortgage based on the offsite (2) Nonprofit organizations eligible (a) Eligibility of applicant.— To be facilities. for an RRH or RCH loan or a HUD sec­ eligible for an RHS loan, the applicant (b) For the payment of necessary en­ tion 236 insured mortgage. must be a private or public nonprofit gineering fees, legal fees, and closing (f) Suitability of sites.—Sites will organization as defined in § 1822.263 (a) costs. When RHS funds are to be used meet the requirements of the planned or (b) which is authorized to provide for such purposes, the State director shall use; for example, individual housing or housing sites on a nonprofit basis. determine that the amounts to be paid multiple housing or any combination (1) If it is a private nonprofit orga­are reasonable and typical in the area thereof. Building sites must be well lo­ nization as defined in § 1822.263(a), it for the services performed. cated and designed to provide a desirable should also: (c) For the payment of actual cash living environment. Generally, a loan (i) Have at least three members who cost of incidental administrative ex­ will not be made for the development of reside in the community or surrounding penses such as postage, telephone, adver­ less than 10 units, but they need not be area where the sites will be located. The tising, and temporary secretarial help, if contiguous. membership may include local business­ funds to pay these expenses are not (g) Obligations incurred before loan men, developers, contractors, and others otherwise available. The estimated cost closing.—When» an applicant files an ap­ who are interested in helping develop of these items should be identified and plication for a loan, the county supervisor sites on a nonprofit basis. Public notice shown in the budget. will advise the applicant that develop­ must be given that the sites are available (d) To provide for needed landscap­ ment work must not be started and obli­ to any qualified purchaser and that the ing, planting, seeding, or sodding, or gations for work, materials, or land pur­ buyers may select any qualified builder. other necessary facilities related to build­ chase must not be incurred before the ings such as walks, parking areas, and loan is closed. If, however, the applicant (ii) If a new organization, plan to driveways. adopt articles of incorporation and by­ must incur obligations on the purchase laws that generally conform to sample § 1822.266 Limitations. of land such as exercising an option guidelines provided by the Farmers Home (a) Loan limits,—No loan will exceed which would expire before the loan is Administration (FHA), with changes ap­ the lesser of the development cost as de­ closed, the State director may authorize propriate to the purposes and powers of fined in § 1822.263(d) or the value of the the use of loan funds to pay such obliga­ an eligible applicant under this subpart. property as improved with the loan tinless tions only when he finds that all the fol­ The proposed articles and bylaws should the excess amount will be recovered lowing conditions exist: be reviewed by the Office of the General through assured refunds before the ma­ (1) The obligations were incurred Counsel (OGC) and adapted for use in turity of the loan, from sources such as after the applicant filed a written ap­ the respective States. utility companies for facilities financed plication for a loan. (b) Authorized representatives of ap­ with the RHS loan. (2) The applicant is unable to pay plicant.—The FHA will deal only with (b) Prior consent.—The prior author­ such obligations from its own resources the applicant or a bona fide representa­ ization of the national office is required or to obtain credit from other sources, tive of the applicant or the representa­ for the approval of loans resulting in an and failure to authorize the use of loan tive’s technical advisors. An authorized FHA principal indebtedness in excess of funds to pay such debts would impair the representative of the applicant must $150,000. applicant’s financial position. have no pecuniary interest in the award (c) Limits on controlling interest.— (3) The obligations were incurred for of the engineering, architectural, or con­ The prior- consent requirement in para­ authorized loan purposes and the land struction contracts, necessary equipment graph (b) of this section also applies to purchased meets FHA standards and or the purchase or development of the two or more organizations in which the requirements. land. same persons hold a majority of the (4) Payment of the obligations will § 1822.265 Loan puifrases. membership interests or constitute a ma­ remove any liens which have attached jority of the directors. to the property on account of the land RHS loans may be made to qualified (d) Limitations of use of loan funds.— purchase. applicants: Loans will not be made for: (a) For the purchase and development (1) The purchase of land in excess of § 1822.267 Special conditions. of adequate sites, including the construc­ the immediate and identified needs in the (a) Evidence of need.—Loans will b® tion of essential access roads, streets, locality. made on the basis of the applicant pro­ utility lines, and necessary equipment (2) The purchase o f land from a mem­ viding firm information as to the num­ which will become a permanent part of ber of an applicant-organization, or from ber of sites to be developed and evidence the development. If public water and another organization in which any mem­ of a need for the proposed building sites waste disposal facilities are not available ber of the applicant-organization has an in the locality. and cannot reasonably be provided on a interest, without prior consent of the (b) Nondiscrimination.—The bor­ State director. community basis with other financing, (3) Refinancing of debts, except in rower will be required to agree not to dis­ including FHA Water and Waste Dis­ accordance with paragraph (g) of this criminate or permit discrimination, posal Association loans, funds may be in­ section. accordance with FHA requirements.

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 PROPOSED RULES 12817

(c) Supervisory assistance.— Super­ surance Corporation. The county super­ (b) Title clearance and legal serv­ ices.—The applicant will be encouraged vision will be provided borrowers to the visor will see that funds for land pur­ to have the same designated attorney, extent necessary to achieve the objectives chase are paid to the seller simultane­ where practicable, perform the title of the loan and to protect the interests of ously with loan closing. After the loan clearance work in connection with the the Government. County supervisors will is closed, monthly reports will be pro­ purchase of land and the sale of the in­ counsel applicants in selecting locations vided to FHA of all disbursements made and income received by the borrower. dividual sites. that will provide essential services and (c) Contracts for legal services.—On facilities and will result in the devel­ Reports for each month will be submitted to the FHA county office during the first projects requiring more legal services opment of desirable residential than are customarily required for title communities. 10 days of the next month. No expendi­ tures will be made without prior FHA clearance alone, the applicant will be (d) Loan resolution.—A loan resolu­ required to have a written contract when tion will be adopted by the applicant’s consent for items which are not included in the FHA approved development cost loan funds will be used for legal services. board of directors or similar governing All such contracts will be subject to re­ body. Guidelines are available in all FHA estimate or for amounts greater than those set forth in such estimate. view and approval by the State director offices. If any provisions are not appro­ and, therefore, should be submitted to priate to a particular case, proposed sub­ (j) Insurance.—The State director will determine the minimum amounts him before execution by the applicant. stitute language should be submitted to Contracts will provide for the types of the national office with the recommenda­ and types of insurance the applicant will carry. service to be performed and the amount tions of the State director. of fees to be paid, either in lump sum (e) Development policies.—Develop­ (1) Suitable workman’s compensa­ tion insurance will be carried by the ap­ on the completion of all services or in ment will be planned and performed in installments as services are performed. accordance with subparts A and D of plicant for all its employees. (2) The applicant will be advised of (d) Engineering services.— On p roj­ part 1804, except that all contracts for ects requiring engineering services, a development work should be awarded the possibility of incurring liability and encouraged, or required when appropri­ written contract will be required between on a competitive bid basis unless an ex­ the engineer and the borrower. All such ception is made by the State director. In ate, to obtain liability insurance. (k) Bonding.—(1) The provisions of contracts will be subject to review and considering whether an exception should approval by the State director and there­ be made, the State director shall deter­ § 1804.4(d) (2) of this chapter pertaining to surety bonds are applicable to RHS fore should be submitted to him before mine that the proposed development execution hy the applicant. The form of costs are competitive with similar type loans. (2) The applicant will provide fidelitycontract must conform with standard of construction in the area. professional practices and describe the (f) Water and waste disposal facili­ bond coverage for its officers and em­ ployees entrusted with the receipt, cus­ types of services to be performed and ties.—If public water and waste disposal fees to be paid. facilities are not available and these tody, and disbursement of its funds and facilities will be provided on a commu­ the custody of any other negotiable or § 1822.271 Processing applications. readily saleable personal property. The nity basis with funds included in the (а) Application'—The application will RHS loan or with other financing, provi­ amount of the bond will be at least equal to the maximum amount of such funds be in the form of a letter to the county sion should be made to form an orga­ supervisor with the following informa­ nization with members who will provide including funds in bank accounts, and property that the applicant will have in tion included in or attached to the letter: continuing maintenance and manage­ (1) Name and address of applicant. ment of facilities. The cost of the facili­ its possession or control at any one time. If permitted by State law, the United (2) A copy of, or an accurate citation ties should be considered as a cost of to, the specific provisions of State law developing the sites and included in the States will be named coobligee in the under which the applicant is organized; price charged for the lots when they are bond. Form FHA 440-24, Position Fidelity a copy of the applicant’s articles of in­ sold. Schedule Bond, may be used if permitted corporation, bylaws, and other authoriz­ (g) .Compliance with local codes and by State law. ing documents; the names and addresses regulations.—Planning and development § 1822.268 Rates, terms, and source o f of the applicant’s members, directors, of sites will be for housing that will con ­ funds. and officers; and if another organization form with any applicable laws, ordi­ is a member of the applicant-organiza­ nances, codes, and regulations governing (a) Interest.—The interest rate will be specified in subpart A of part 1810 of tion its name, address, and principal such matters as construction, heating, this chapter. business. plumbing, electrical installation, fire (b) Repayment period.—Final pay­ (3) A current, dated, and signed finan­ prevention, health, and sanitation. cial statement showing assets, and liabili­ (h) Optioning of land.—If a loan in­ ment will be due 2 years after the date ties, together with information on the cludes funds to purchase real estate, the of the loan. When necessary to carry out the loan purposes, the national office may repayment schedule and status of each applicable provisions o f § 1821.15 o f this debt. chapter regarding options will be fo l­ authorize extension of maturity dates. As (4) General description of the project. lowed. After the loan is approved, the lots are sold before the final due date of (i) Location and size of tract or tracts county supervisor will have form FHA the note, the proceeds of the sales will be to be bought and/or developed. 440-35, Form Letter—Acceptance of applied on the account or, with the prior (ii) Number and size of individual Option, or other appropriate form o f ac­ approval of the national office, used in a sites planned together with a detailed ceptance, completed, signed by the appli­ manner consistent with the purposes of plot plan. cant, and mailed to the seller. the loan and the security interest of the (iii) Preliminary engineering plans, if (i) Use of and accountability for loan Government. available. —Supervised bank accounts will § 1822.269 Security. (5) Estimated cost and amount of loan . be used except when they are re­ needed. quired or authorized by the State director Each loan will be secured by a first mortgage on the property purchased or (б) Explanation of applicant’s finan­ a •

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 12818 PROPOSED RULES

(8) If facilities such as water and § 1822.275 Complaints regarding dis­ 1973, in the description o f the Roanoke, sewage systems, paved streets, and utili­ crimination in opportunity to buy Va., transition area (§71.181), in thé ties are not currently available, informa­ developed sites. seventh line the word “bearing” should tion on when and how they will be pro­ Any applicant wishing to purchase a be inserted between “296°” and “from”. vided. site financed by an RHS loan who be­ (9) Evidence of the need for the pro­ lieves he has been discriminated against posed sites in the locality by low- and because of race, color, creed, or national National Highway Traffic Safety moderate-income families and other origin may file a complaint with the Administration qualified applicants that are likely to be county supervisor or State director. Any [ 49 CFR Part 571 ] able to obtain financing for a home. such complaint will be handled in ac­ [Docket No. 73-12; Notice 1] (b) Completion of the docket.—I f the cordance with § 1822.97. county supervisor determines that the MOTOR VEHICLE SAFETY STANDARDS § 1822.276 Special requirements for applicant is eligible and the loan will be Motorcycles and Three-Wheeled Vehicles sound and proper, he should request the RHS Section 523 loans (loans to or­ applicant to make any needed revisions. ganizations providing sites for self- The purpose of this notice is to pro­ In addition to the items required in the help housing). pose an amendment of 49 CFR 571.3(b), application, the docket must include: Loans to organizations which will pro­ definitions, of the Federal motor vehicle (1) A plot plan and detailed prelimi­ vide sites for self-help housing (RHS sec. safety standards, to revise the definition nary plans and specifications for develop­ 523 loans) will be made under the pro­ of “motorcycle.” ment of the building sites. visions of this subpart with the follow­ Currently a “ m otorcycle” is defined as (2) A detailed cost breakdown of the ing exceptions: “a motor vehicle with motive power project for such items as land and rights- (a) Source of funds.—These will be di­ having a seat or saddle for the use of of-way, utility installations or connec­ rect loans made from the self-help fund. the rider and designed to travel on not more than three wheels in contact with tions, on-site improvements, engineering (b) Evidence of need.—Loans to newly and legal services, and estimated interest. the ground.” Thus, any powered three­ (3) If water and sanitary facilities are formed organizations will be made on the wheeled vehicle is a motorcycle under not publicly owned, a complete statement basis of the applicant’s providing firm this definition, even if it has an enclosed as to how they will be provided and de­ information as to the number of sites to passenger compartment and all the tails about their ownership and opera­ be developed and the names of eligible other usual characteristics of a passen­ tion. bona fide prospective purchasers who are ger car except the fourth wheel. The safety standards applicable to passenger (4) Satisfactory evidence of review and willing and able to build homes by the approval of the proposed development by cars are far more extensive than those applicable State and local officials whose self-help method and are assured of for motorcycles, covering more vehicle approval is required by State or local available financing. Loans to organiza­ systems and extending to passenger pro­ laws, ordinances, or regulations. tions currently involved or experienced tection as well. It is possible, therefore, (c) State office action— The State of­ in mutual self-help housing projects may that the present definitional dividing line between three and four wheels fice will approve or disapprove the loan, be made without the submission of a list or suggest that the loan docket be re­ would create a major incentive for man­ vised, or require additional information. of the names of prospective site pur­ ufacturers of small vehicles, such as chasers. In any case, however, there must those that may be developed in the fu­ § 1822.272 Loan closing. be definite evidence that enough families ture for personal urban transportation, Loans will be closed in accordance with are available who are eligible and willing to choose a three-wheeled design and applicable provisions of part 1807 of this to buy the sites when they are developed. thereby escape the necessity to conform chapter, any provisions set forth by the to many safety standards. It does not State director and instructions from the Dated May 8, 1973. appear that this would be in the public interest. Whatever the requirements for Office of the General Counsel. The forms F r a n k B. E l l io t t , to be used will be provided by FHA. Acting Administrator, lightweight vehicles may be in the fu­ § 1822.273 Actions after sites are de­ Farmers Home Administration. ture, there is no evidence before the veloped. NHTSA at this time that a dividing fine [PR Doc.73-9648 Piled 5-15-73;8:45 am] based on whether they have three or four The building sites will be sold on a wheels is rational. nonprofit basis to eligible families or or­ Any standards that apply to motor­ ganizations as described in § 1822.266(c). DEPARTMENT OF cycles are necessarily constrained by (a) An option, form FHA 440-34, Op­ TRANSPORTATION certain normal characteristics of tion to Purchase Real Property, will be Federal Aviation Administration powered two-wheeled vehicles; e.g., executed. The site will be clearly identi­ their lack o f an occupant enclosure, or fied by a land survey. [ 14 CFR Parts 71, 73 ] of static lateral stability, and their use (b) The sale price of each individual [Airspace Docket No. 73-SW-20] of handlebars for steering. The only type site will be based on its appraised value JOINT-USE RESTRICTED AREA AND of three-wheeled vehicle that appears and will not be more than an amount CONTROLLED AIRSPACE inherently to belong to this category is sufficient to pay a proportionate part of a motorized tricycle, such as those used the RHS loan and other actual costs of Proposed Designation and Alteration in police traffic control work, which from buying, developing, and selling the build­ Correction the saddle forward resembles a standard ing site. In FR Doc. 73-7842, appearing on page two-wheeled motorcycle in all respects. (c) The proceeds from sale of the 10117, in the issue o f Tuesday, April 24, The NHTSA recognizes that there are building sites will be applied on the RHS 1973, in the third line o f the third other, three-wheeled vehicles that have loan or, with the prior approval of the column, change longitude “ 106°00'00"” their own unique characteristics, and national office, used in a manner con­ to read “106°06'00"”. sistent with the purposes of the loan and that may have difficulty meeting some of security interest of the Government. The the safety standards for passenger cars sites will be released from the mortgage Federal Aviation Administration or trucks. Where they contain some in accordance with § 1872.3 o f this chap­ [ 14 CFR Part 71 ] structure that approaches a vehicle body ter or otherwise in accordance with prior shielding the occupants, however, their approval of the national office. [Airspace Docket No. 73—EA-29] differences from a two-wheeled motor­ CONTROL ZONE AND TRANSITION AREA § 1822.274 Subsequent RHS loans. cycle appear to become more significan A subsequent RHS loan is an RHS loan Proposed Alteration than their similarities. It is the tentative to an applicant indebted for an initial Correction RHS loan. Subsequent RHS loans will be judgm ent o f this agency that motorcyc e made on the same basis as initial RHS In FR Doc. 73-8615 appearing at page standards should not be applied *° suc loans. 10957 in the issue o f Thursday, May 3, vehicles.

FEDERAL REGISTER, VOL. 38, N O . 94— WEDNESDAY, M A Y 16, 1973 PROPOSED RULES 12819

The definition that is hereby proposed ENVIRONMENTAL PROTECTION the Natural Gas Act. Some also noted that, in any case, it was doubtful that the would limit the motorcycle category to AGENCY powered two-wheeled vehicles, plus Act was intended to cover the transpor­ three-wheeled vehicles without a full or [4 0 CFR Part 5 2 ] tation of LNG by motor carrier, barge, partial passenger enclosure. For purposes APPROVAL AND PROMULGATION OF and/or rail. of the definition, the presence of a wind­ STATE IMPLEMENTATION PLANS Subsequent to the filing of these re­ sponses, the Commission held in Distri- screen alone generally would not consti­ Notice of Opportunity for Public Comment tute an oocupant enclosure. The NHTSA gas (Opinions Nos. 613, 613-A) that LNG on Proposed Transportation and/or is a natural gas as defined in section 2(5) intends by this definition to exclude all Land-Use Control Strategies three-wheeled vehicles except the m otor­ of the Natural Gas Act and that the Com­ ized tricycles mentioned above, which Correction mission has jurisdiction over the sale are similar to conventional m otorcycles In FR Doc. 73-7926 appearing at page and transportation of LNG in interestate in most respects. 10119 of the issue for Tuesday, April 24, commerce to the same extent that it does In consideration of the foregoing, it 1973, in the fourth paragraph, in the over other natural gas. In Columbia LNG is proposed that the definition of “motor­ third line from the end the figure “ (E) ” (Opinions Nos. 622, 622-A), the Commis­ cycle” in 49 CFR 571.3(b) be amended to should read “ (H)”. sion held it had jurisdiction over the im­ read: portation of LNG. In both instances, the Commission reserved the question over “Motorcycle” means a two-wheeled [40 CFR Part 180] motor vehicle with motive power, or a the transportation of LNG in interstate three-wheeled motor vehicle with motive VIABLE SPORES OF MICRO-ORGANISM commerce by motor carrier, barge, and power and without a full or partial pas­ “BACILLUS THURINGIENSIS BERLINER” rail. The Commission hereby deter­ senger enclosure. Proposed Specification mines that it does not have jurisdiction Because of the removal of the exemp­ over the transportation of LNG by means tion for vehicles with a curb weight less Correction other than pipeline and terminates sec­ than 1,000 pounds, published today (38 In FR Doc.73-8370 appearing on page tion a and, where applicable, section c of FR 12818) the effect of the redefinition 10643 in the issue o f Monday, April 30, the rulemaking. would be to bring three-wheeled vehicles 1973, make the following changes in The Natural Gas Act was a remedial within the applicability of Federal motor § 180.1011(a) (4 ): statute enacted to eliminate abuses re­ vehicle safety standards for specific vehi­ 1. In the 13th line, the word “sport” vealed by the investigations of the Fed­ cle types. should read “spore”. eral Trade Commission.1 Prior to its en­ Interested persons are invited to sub­ 2. In the last line, “procedur” should actment, State regulatory commissions mit written data, views, and arguments read “procedure”. were able to regulate the rates charged on this proposal. Comments should refer by pipeline companies after the natural to the docket number and be submitted FEDERAL POWER COMMISSION gas reached the distribution companies to: Docket Section, National Highway within the States; however the State Traffic Safety Administration, room [ 18 CFR Part 157] commissions were unable to review the 5221, 400 Seventh Street SW., Washing­ [Docket No. R-377] largest factor making up the cost to the ton, D.C. 20590. It is requested but not EXEMPTION OF CERTAIN TRANSPORT consumer, i.e., thet cost of gas in inter­ required that 10 copies be submitted. All AND/OR SALES OF LIQUEFIED NATU­ state commerce. The goal of the pro­ comments received on or before the clos­ RAL -GAS posed legislation was precisely stated ing date indicated below will be con­ during the debates: sidered, and will be available in room Order Terminating Proposed Rulemaking Proceeding It gives the Federal Power Commission 5221 for examination both before and power to fix the cost of transportation of after the closing date. To the extent pos­ M a y 4, 1973. natural gas shipped in interstate commerce sible comments filed after the closing By notice of proposed rulemaking is­ and the wholesale price which may be date will be considered. However, the sued January 15, 1970 (35 FR 2076, charged for it at the consuming centers. The rulemaking action may proceed at any State commissions will continue to have Feb. 17, 1970), the Commission proposed authority to regulate the retail distribution time after that date, and comments re­ to amend its regulations under section of the gas after the enactment of this legisla­ ceived after the closing date and too late 7(c) of the Natural Gas Act by adding tion the same as they now have.2 for consideration in regard to the action a new regulation to exempt from the re­ will be treated as suggestions for future Congress also recognized that pipelines quirements of said section certain motor were then the only method of transpor­ rulemaking. The National Highway carrier, barge, and rail transport and/ Traffic Safety Administration will con­ tation o f gas. In 1937, Mr. Grosser in the or sale for resale of liquefied natural gas House and Mr. Brown in the Senate in­ tinue to file relevant material, as it be­ in interstate commerce. comes available, in the docket after the troduced a predecessor to the bill finally The proposed regulations sought to ac­ enacted.3 Their bill was equivalent in al­ closing date, and it is recommended that complish three specific goals: (1) To ex­ interested persons continue to examine most all respects with that finally en­ empt the transportation of LNG by acted and its declaration of purpose the docket for new materials. motor carrier, barge, or rail in interstate Manufacturers of vehicles that would spelled out the reasons which moved commerce from certification under sec­ Congress to pass the Natural Gas Act. In he motorcycles if the proposed tion 7(c) of the Natural Gas Act; (2) redefinition is adopted should consider to exempt from certification under sec­ it they stated: the options that the rulemaking action tion 7(c) of the Natural Gas Act, inci­ Declaration of Policy and Purpose oo lightweight vehicles affords before dental and limited sales for resale of Sec. 2 commenting on this proposal. LNG in interstate commerce by motor (b) * * * Comments closing date: July 16, 1973. carrier, barge, or rail when the*total sales Most natural gas is produced at long dis­ f *^roP°sefi effective date: six months in interstate commerce made by a sup­ tances from the consuming markets where romdate Publication of final rule in. plier did not exceed 625,000 gal of LNG in it is distributed by public utilities in re­ he Federal R e g ister. sponse to a general demand. It is necessary any one calendar year; (3) to require in order to reach such markets that the nat­ 7iaCSii!1« i 119, Public Law 89-563, 80 Stat. prompt notification and annual reporting ural gas be moved in interstate commerce thoH+w V'?r’C‘ 1392> 14°7; delegation of au­ to the Commission when such transporta­ through pipelines. thority at 49 C F R 1.51 and 501.8 ) tion and/or sale occurred. Issued on April 30, 1973. In response to the notice, 22 parties filed comments on the proposed regula­ 1S. Doc. No. 92, pt. 84-A, 70th Cong., 1st R obert L. Carter, sess. (1936). tion and a conference was held on 2 Congressional Record, voi. 81, pt. 6, p. Associate Administrator, November 17, 1970. Several o f the re­ 6726. Motor Vehicle Programs. spondents questioned whether the Com­ 2 HR. 5711 and S. 1919, 75th Cong., 1st sess. [FIR Doc.73-9743 Filed 5-15-73:8:45 am] mission had jurisdiction over LNG under (1937).

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 12820 PROPOSED RULES

(c) The exercise of Federal Jurisdiction is portion of its facilities. Section 7(c) Shipping Act, 1916, and the Intercoastal declared necessary in the public Interest to provides that no natural gas company regulate the part of said natural gas and Shipping Act, 1933, exempt tanker trans­ natural-gas pipeline industry which is not shall “construct” or “extend” any facili­ port of LNG from Federal economic subject to regulation by the several States, ties unless there is in force a certificate regulation. and to aid the States in the proper conserva­ of public convenience and necessity is­ It is apparent that, absent assertion tion and orderly production of this valuable sued by the Commission. Section 7(h) of FPC regulatory authority under the natural resource.4 specifically gives holders of certificates Natural Gas Act, a portion o f LNG trans­ We interpret the legislative history of of public convenience and necessity the ported in interstate and foreign com­ the act as indicating that the Congress power of eminent domain in the district merce will remain exempt from compre­ was addressing itself to regulation of courts of the United States in order to hensive economic regulation, because pipelines in order to eliminate demon­ obtain right-of-way for pipelines and some LNG is transported by private car­ strated abuses rather than to the regula­ equipment attendant to the operation rier and because as liquid bulk cargo in tion of all modes of transportation of gas thereof. These terms conceivably could tanker vessels it is expressly exempt from in interstate commerce. Congress never be applied to railroads, but all railroads regulation by the Interstate Commerce are common carriers and subject to ICC Commission and the Federal Maritime foresaw the transportation of natural jurisdiction. It is impossible, however, gas (liquefied natural gas) by any means Commission. We do not believe however, other than pipeline. In Western Union to realistically apply these terms to that the Commission has authority un­ trucks and barges. Tel. Co. v. Lenroot, 323 U.S. 490, 508 der the Natural Gas Act to fill these reg­ Twice the Supreme Court has held ulatory gaps. It is our opinion that leg­ (1945), Mr. Justice Jackson commented that areas of activity not specifically de­ on a problem not foreseen by the Con­ islative action is necessary if Congress lineated by statute were within the regu­ wishes to regulate this type of activity. gress: latory jurisdiction of the Interstate Ascertainment of the intention of Con­ Commerce Commission. In American The Commission finds gress in this situation is impossible. It is to Trucking Association Inc. v. United (1) The termination of the proposed indulge in a fiction to say that it had a specific Intention on a point which never States, 344 U.S. 298 (1953) petitioners, rulemaking in docket No. R-377 is ap­ occurred to it. Had the omission of direct operators of leased trucking equipment, propriate and necessary for carrying out prohibition of this employment been called claimed their operations were not within the provisions of the Natural Gas Act. to its attention, it might weli have supplied the jurisdiction of the Interstate Com­ (2) Compliance with the effective date it, for any reason we can see. Congress of merce Commission. The Court held provisions of section 553 of title 5 of the course has the, right to be indirect where it otherwise, although nowhere in the act United States Code is unnecessary. could be direct and to be obscure and confus­ was there an express or inferred dele­ The Commission, acting pursuant to ing where it could be clear and simple. But gation of power to control, regulate, or the authority granted by the Natural Gas had it determined to reach this employment, we do not think it would have done so by affect leasing practices, hi Cornell Act, as amended, particularly sections artifice in preference to plain terms. It is ad­ Steamboat v. United States, 321 U.S. 634 7(c) and 16 thereof (52 Stat. 825, as mitted that it is beyond the judicial power (1944), a towing company claimed that amended, 56 Stat. 83, 84, 52 Stat. 830; of innovation to supply a direct prohibition its operations did not fit under part m 15 U.S.C. (§717 F ( c ) , and 717

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 PROPOSED RULES 12821 common carrier practices which had the act, section 20( 11) basically provides the tariff provision questioned above, that items of high value which are lost effect of limiting the amount of damages that common carriers or damaged were or are items of extraor­ recoverable by shippers and receivers of * » * receiving property for transportation dinary value and were not declared as freight and concluded that many of such from a point in one State or Territory or such by the shipper at the time the bill practices were violative of the law, and the District of Columbia to a point in of lading was executed. This practice is particularly section 20(11) of the act. We another State, Territory, District of Colum­ intend to make a similar investigation bia or from any point in the United States often employed when the lost or dam­ to a point in an adjacent foreign country aged articles are such things as antiques here with respect to household goods car­ shall issue a receipt or bill of lading there­ or are musical instruments of unusual rier practices. We also intend to consider for and shall be liable to the lawful holder quality. The end result often is that the any regulations necessary to eliminate thereof for any loss, damage, or injury to carrier escapes all or a portion of its those limitation of liability provisions such property caused by it [or a carrier to liability and the shipper either accepts which are found to be in violation of the which the property has been delivered on Interstate Commerce Act. It is for the a through bill of lading], and no contract, the limited settlement offered or must receipt, rule, regulation, or other limitation resort to often expensive and extended purpose of investigating household goods of any character whatsoever shall exempt legal procedures. carrier liability limitation practices that such common carrier * * * from the lia­ The Supreme Court has repeatedly in­ the instant investigation proceeding is bility hereby imposed. terpreted section 20( 11) to prohibit car­ instituted. This proceeding does not appear to be The section further provides that such riers from publishing any rule, regula­ tion, or other limitation whatsoever, pur­ a major Federal action significantly af­ liability shall be for the full actual loss, fecting the quality of the human en­ damage, or injury caused by it or a porting to limit their liability. See e.g., Missouri Pacific R.R. v. Elmore & Stahl, vironment. carrier to which the property has been It is ordered, That based upon the fore­ delivered on a through bill of lading, 377 U.S. 134, 137-138 (1964); Secretary of Agriculture v. United States, 350 U.S. going explanation, and good cause ap­ notwithstanding any lim itation o f lia­ pearing therefor, a proceeding be, and it bility or limitation of the amount of re­ 162, 167-170 (1956); and Adams Express Co. v. Darden, 265 U.S. 265, 268 (1924). is hereby, instituted under the authority covery or representation or agreement of part n of the Interstate Commerce as to value in any such receipt or bill The court, in Missouri Pacific, supra, at 142, also noted: “Nothing can be added A ct (49 U.S.C. 301 et seq.), including of lading or in any contract, rule, regu­ more specifically sections 204(a) (1), 204 lation, or in any tariff filed with the In­ to or subtracted from the law by limita­ terstate Commerce Commission; and tions or definitions stated in tariffs.” As (a) (6) , 208(a), 216, 217, 219, 220, 222, any such limitation, without respect to previously stated, the only exception au­ and 223, and pursuant to 5 UjS.C. 553 and the manner or form in which it is sought thorizing a limitation on such liability 559 (the Administrative Procedure A ct), to be made is hereby declared to be un­ is contained in the proviso to section ( 1) to investigate the practices of motor lawful and void. The section does con­ 20( 11) permitting released rates. common carriers of household goods, in tain several provisos, only one o f which In this Commission’s pertinent Re­ interstate or foreign commerce, which is pertinent. That proviso allows express leased Rates Order, No. MC-505, of are aimed at limitation of liability in authorization by the Interstate Com­ June 7, 1966 (102 M.C.C. 277), re­ violation of sections 20(11) and 219 of merce Commission, by order, for the leased rates for carriers of household the Interstate Commerce Act, (2) to de­ establishment' and maintenance o f rates goods as defined in 49 CFR 1056.1(a) termine whether the facts and circum­ depending upon the value declared in were approved. Paragraph (b) of that stances require or warrant the adoption writing by the shipper or agreed upon order stated that “the released values of any regulation prohibiting certain in writing as the released value o f the provided herein may not be decreased,” limitation of liability provisions con­ property, in which case such declaration and paragraph (e) recites that “This sec­ tained in the tariffs and bills of lading or agreement shall have n o other effect tion does not constitute authority for es­ of such motor common carriers of house­ than to limit liability and recovery to tablishment of released rates or charges hold goods, and (3) for the purpose of an amount not exceeding the value so on any description of traffic other than taking such other and further action declared or released. Thus, released herein specifically indicated.” Nowhere as the facts and circumstances may jus­ rates, allowed by a specific order of the in that order is there even the implied tify or require. Commission, are the only exception to authority to exempt any household goods It is further ordered, That all motor the general rule set forth in section 20 article from all liability whether or not common carriers of household goods op­ (11) of the act. such article is expressly identified by the erating in interstate or foreign com­ Our investigations indicate that most shipper. As was recently held in Thomas merce within the United States and sub­ motor common carriers of household Electronics, Inc. v. H. W. Taynton Co., ject to the Interstate Commerce Act be, goods maintain tariff provisions (gen­ 277 P. Supp. 639, 642 (M.D. Pa. 1967), and they are hereby, made respondents erally set forth in the contract terms “Shippers have no legal duty to state the in this proceeding. All such motor com­ and condition^ of their bills of lading) value of their goods on the bill of lading mon carrier respondents shall submit as which state that they will not be liable and their failure to do so will not destroy part of their representations in this pro­ for physical loss o f or damage to the protection afforded them by section ceeding statements considering the fol­ documents, currency, money, jewelry, 20(11) of the Interstate Commerce Act.” lowing matters: (1) A list and descrip­ watches, precious stones or articles of ex­ Accordingly, the tariff rules, as set forth tion of presently utilized tariff provisions traordinary value from external causes in the household goods carriers’ bills of which limit liability, (2) a list and de­ while being carried or held in stor­ lading, which purport to limit liability as scription of presently utilized bill of lad­ age in transit, when those items are not described above appear to constitute an ing provisions which limit liability, (3) specifically listed on the bill o f lading; improper attempt by the household goods the bases for the belief that the above or for loss or damage caused by or re­ carriers to disclaim their liability by, provisions are lawful, and (4) the desir­ sulting from breakage of china, glass­ among other things, requiring notice ability of this Commission designing and ware, bric-a-brac or similar articles of a from the shipper of the nature of the adopting a uniform bill of lading and onttle or fragile nature unless packed by goods being shipped. other uniform shipping documents for the carrier or unless such breakage re­ We believe that these practices, in ad­ use by all motor common carriers of sets from negligence of the carrier dition to appearing to be in violation of household goods. when the shipper has released the value the law, are indicative of methods em­ It is further ordered, That the Bureau oi each article in the shipment to a ployed by the household goods moving of Enforcement of this Commission be, value not exceeding 60 cents per pound industry which tend to mislead the un­ and it is hereby, authorized and directed Per article. informed consumer. In Ex Parte No. 263, to participate in this proceeding. Practice which has been used by sev- rules, regulations, and practices of regu­ It is further ordered, That the Presi­ rvJJ lar8® household goods carriers, lated carriers with respect to the process­ dent’s Office of Consumer Affairs be, and we have discovered in our inves- ing of loss and damage claims, 340I.C.C. it is hereby, requested to participate in gations, is to take the position, under 515 (1972), we considered various m otor this proceeding.

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 \ 12822 PROPOSED RULES

It is further ordered, That no oral clusions would have upon the operations public inspection at the Offices of the In­ hearings be scheduled for the receiving of passenger brokers and all proper terstate Commerce Commission, 12th of testimony unless a need therefor means of alleviating any such effects as and Constitution, Washington, D.C., dur­ should later appear, but anyone inter­ may be found not to be in the public in­ ing regular business hours; that a copy ested in making representations as to the terest; and good cause appearing there­ be posted in the Office of the Secretary matters referred to above is hereby in­ fo r: Interstate Commerce Commission, Wash.! vited to do so by the submission of It is ordered, That, based on the fore­ ington, D.C., for public inspection; and written data, views, or argumente. An going explanation, a general investiga­ that a copy be delivered to the Director original and 15 copies of such data, tion and rulemaking proceeding be, and Division of the Federal Register, for pub­ views, or arguments, shall be filed with it is hereby, instituted under the author­ lication in the F ederal R egister as notice the Commission on or before June 25, ity of part n of the Interstate Com­ to all interested persons. 1973. All such statements will be con ­ merce Act, and 5 U.S.C. 553 and 559 (the sidered as evidence and as a part of the Administrative Procedure Act), to de­ By the Commission. record in this proceeding. velop information concerning ( 1) the [ seal] R obert L. Oswald, And it is further ordered, That notice lawfulness of conclusions reached by Secretary. of the institution of this proceeding be appellate division 1 in Trails West, Inc. v. given to the general public by depositing Continental Trailways, Inc., supra, and [FR Doc.73-9736 Filed 5-15-73;8:45 am] a copy of this order in the Office of the all alternatives thereto and consequences Secretary, Interstate Commerce Com­ thereof; ( 2) the effects such conclusions [ 49 CFR Part 1100 ] mission, Washington, D.C., for public would have upon the operations of pas­ [Ex Parte No. 55 (Sub-No. 9) ] inspection, and by delivering a copy senger brokers and all proper means of thereof to the Director, Division of the alleviating any such effects as may be MOTOR CARRIER LAWYERS ASSOCIATION Federal Register, for publication in the found not to be in the public interest; Petition for Institution of Rulemaking Federal R egister as notice to all inter­ (3) the formulation of any legislation Proceeding ested persons. that may be needed in the public in­ By the Commission. terest; and (4) the taking of such other M ay 11,1973. and further action as the facte and cir­ Petitioner’s representatives: Alvin J. [ seal] R obert L. O swald, cumstances may justify or require. M eiklejohn and V. Baker Smith, 123 Secretary. It is further ordered, That all licensed South Broad Street, Philadelphia, Pa. Note.—Written material or suggestions passenger brokers operating in interstate 19109. submitted will be available for public in­ or foreign commerce within the United By petition filed April 27, 1973, peti- spection at the offices of the Interstate States be, and they are hereby, made tioner seeks the amendment of rule 51 Commerce Commission, 12th Street and Con­ parties to this proceeding. (49 CFR 1100.51) of the Commission's stitution Avenue, Washington, D.C., during general rules of practice which at pres­ regular business hours. It is further ordered, That the Depart­ ment of Transportation and the Presi­ ent, allows an applicant or complainant [PR Doc.73-9727 Filed 5-15-73;8:45 am] dent’s Office of Consumer Affairs be, and whose application or complaint is being they are hereby, requested to become processed under the Commission’s modi­ fied procedure, 10 days after the filing of [ 49 CFR Ch. X ] parties to this proceeding and to present such information during the course of Protestants’ or defendants’ statements to [Ex Parte No. MC-87] this proceeding as may be useful in aid­ file a reply thereto. Petitioner seeks an PASSENGER BROKERS ing this Commission to resolve the above- amendment of this rule to permit 20 days mentioned issues. within which the complainant or appli­ Interpretation of Operating Authorities It is further ordered, That no oral cant may file its reply. Petitioner con­ At a general session of the Interstate hearings be scheduled for the receiving tends that it is the experience o f its mem­ Commerce Commission, held at its office of testimony in this proceeding unless a bers that (with but few exception s) the in Washington, D.C., on the 2d day of need therefor should later appear, but present 10-day rule does not p erm it suffi­ May, 1973. that parties or any interested persons cient time to prepare and submit a mean­ It appearing, that in No. MC-C-6759, may participate in this proceeding by ingful reply statement. It asserts that the Trails West, Inc. v. Continental Trail- submitting for consideration written major reason for its request for an addi­ ways, Inc., 115 M.C.C. 269 (1972), appel­ statements of facte, views, and argu­ tional 10 days to file replies is the deteri­ late division 1 concluded that in order ments on the subjects mentioned above, oration of the U .S . Postal S ervice to the effectively to execute a tour contract the or any other subjects pertaining to this point where it cannot be relied upon un­ passenger broker must sell and arrange proceeding. less time is of no importance. It repre­ for transportation only at the point It is further ordered, That any person, sents that protestants' and defendants’ which it is authorized to serve and the including the parties named above, in­ statements usually must be mailed to parties must mutually sign the contract tending to participate in the formal shippers for their comments and that at that point; pleadings stage in this proceeding by this additional use of the mail service It further appearing, that many pas­ submitting initial statements or reply results in further delays which compound senger brokers may have significantly de­ statements shall notify the Commission, the problem of filing within the presently veloped their operations upon the prem­ by filing with the Secretary, Interstate prescribed 10-day period. Petitioner ise that contracts need only be ap­ Commerce Commission, Washington, states that while the rule allows 10 days proved at an authorized point of service; D.C. 20423, on or before June 1,1973, the in which to file a reply statement, an ap­ and that now to require existing passen­ original and one copy of a statement of plicant or complainant often has as little ger brokers to adjust their operations to his intention to participate; that this as 1 day to prepare its statement and the standards enunciated by appellate Commission shall then prepare and make mail it to the Commission. Petitioner division 1 in No. MC-C-6759, may have a available to all such persons a list con­ concedes that the Commission is lenient substantial damaging impact on the op­ taining the names and addresses of all in granting extensions of time to file reply erations of such brokers; parties to this proceeding, upon whom statements, but states that the obtaining It further appearing, that for the rea­ copies of all statements must be filed, of additional time is costly and time con­ sons noted in the preceding paragraph, and that initial statements and reply suming both to the representative of the it would be in the public interest to in­ statements must be filed on or before carrier and the Commission’s over­ stitute a rulemaking proceeding ( 1) to July 30, 1973, and August 29, 1973, re­ burdened staff. explore tjie lawfulness of the conclusions spectively. No oral hearing is contemplated at tins reached in the report of appellate divi­ And it is further ordered, That a copy time, but anyone wishing to make sion 1 in No. MC-C-6759, and all alter­ of this order be served upon all the representations in favor, or against, the native thereto and consequences there­ parties; that written material or sug­ relief sought in the petition may do so by o f; (2) to determine the effects such con- gestions submitted will be available for the submission of written data, views, or

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 PROPOSED RULES 12823

arguments. An original and 15 copies of Notice to the general public of the such data, views, or arguments shall be matter herein under consideration will be filed with the Commission on or before given by depositing a copy of this notice July 23, 1973. A copy o f each representa­ in the Office of the Secretary of the Com­ tion should be served upon petitioner’s mission for public inspection and by fil­ representatives. Written material or sug­ ing a copy thereof with the Director, gestions submitted will be available for Office of the Federal Register. public inspection at the Office of the By the Commission. Interstate Commerce Commission, 12th [seal] R obert L. O swald, and Constitution, Washington, D.C., dur­ Secretary. ing regular business hours. [PR Doc.73-9737 Filed 5-15-73;8:45 am]

No. 94—Pt. I- FEDERAL REGISTER, VOL. 38, N O . 94— WEDNESDAY, M A Y 16. 1973 12824 Notices

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

FEDERAL POWER COMMISSION commencing December 9, 1972 and con ­ these dockets. W ith regard to the agree­ tinuing through September 30,1981. Dur­ ments in all the above dockets, Appli­ [Docket No. E-8156] ing the term of this agreement Applicant cant, pursuant to § 35.11 o f the Commis­ ARKANSAS-MISSOURI POWER CO. will make available to FG&E 40 MW of sion’s regulations, requests that the Notice of Proposed Changes in Rates and capacity and corresponding energy. The agreements filed herewith be permitted Charges payment provision of the agreement is an effective date by their terms of De­ designed to reimburse Applicant for fixed cember 9, 1972. M ay 8, 1973. and operating costs incurred by Appli­ Any person desiring to be heard or to Take notice that on April 25, 1973, cant as a result of supplying the con­ make any protest with reference to said Arkansas-Missouri Power Co. (Ark-Mo) tracted capacity and energy. application should, on or before May 30, tendered for filing a letter of agreement (2) The agreement filed in docket No. 1973, file with the Federal Power Com­ dated April 23, 1973, between Ark-M o E-8138 constitutes an initial rate sched­ mission, W ashington, D.C. 20426, peti­ and Arkansas Electric Cooperative Corp. ule providing for the purchase by New tions to intervene or protests in accord­ (Arkco) which relates to Ark-Mo’s PPC Bedford Gas and Edison Light Co. (New ance with the requirements of the Com­ rate schedule No. 31. Ark-Mo states that Bedford) of 11 percent of the capacity mission’s rules o f practice and procedure this agreement provides for the sale by from Applicant’s Pilgrim unit No. 1 and (18 CFR 1.8 or 1.10). All protests filed Ark-Mo of short-term firm power for corresponding energy. The term of this with the Commission will be considered the period June 1, 1973, through May 31, agreement commenced on December 9, by it in determining the appropriate ac­ 1974. Ark-M o estimates that the revenue 1972, and will continue through Decem­ tion to be taken but will not serve to from the sale will be about $1,277,600 for ber 9, 2000. The payment provision of the make the protestants parties to the pro­ the 12-month period. Ark-Mo requests agreement is designed to reimburse Ap­ ceeding. Persons wishing to become that the agreement be accepted for filing plicant for 11 percent of the fixed and parties to a proceeding or to participate to become effective on June 1, 1973. operating costs incurred by Applicant as as a party in any hearing therein must Any person desiring to be heard or to a result of the installation and operation file petitions to intervene in accordance protest said application should file a peti­ of said unit. Deliveries under said agree­ with the Commission’s rules. These ap­ tion to intervene or protest with the ment are to be made at the 345 kV bus plications are on file with the Commis­ Federal Power Commission, Washington, of the Canal Station, Sandwich, Mass. sion and available for public inspection. D.C. 20426, in accordance with §§ 1.8 and (3) The agreement filed in docket No. 1.10 o f the Commission’s rules o f practice K e n n e t h F. P lum b, E-8139 constitutes an initial rate sched­ Secretary. and procedure (18 CFR 1.8, 1.10). All ule providing for the purchase by Public such petitions or protests should be filed Service Co. of New Hampshire (Public [FR Doc.73-9663 Filed 5-15-73;8:45 am] on or before May 24, 1973. Protests will Service) of capacity and related energy be considered by the Commission in de­ from Applicant’s system. This agreement termining the appropriate action to be commenced on December 9,1972, and will [Docket No. RP73-106] taken, but will not serve to make pro­ CITIES SERVICE GAS CO. testants parties to the proceeding. Any continue through April 30,1974, with Ap­ person wishing to become a party must plicant providing capacity-of 100 MW Order Suspending Proposed Service Agree­ file a petition to intervene. Copies of this from December 9, 1972 through April 30, ment, Establishing Procedures, and Set­ are on file with the Commission and are 1973, and 40 MW from April 30, 1972 ting Date for Hearing through April 30,1974. The payment pro­ available for public inspection. M a y 8, 1973. vision of the agreement is designed to re­ K e n n e t h F. P l u m b , imburse Applicant for fixed and operat­ On April 9, 1973, Cities Service Gas Secretary. ing costs incurred as a result of supply­ Co. (Cities) filed a service agreement to [PR Doc.73-9662 Piled 5-15-73;8:45 am] ing the contracted capacity and energy. increase its daily maximum obligation (4) The agreement in docket No. E- to Union Gas System, Inc. (Union) under 8140 constitutes an initial rate schedule rate schedule P from 36,000 to 39,000 [Dockets Nos. E-8137, E-8138, E-8139, providing for the purchase by Montaup M ft8. E—8140] Electric Co. (Montaup) of 11 percent of In support of its filing, Cities states BOSTON EDISON CO. capacity from Applicant’s nuclear gen­ that the reason for the change is decreas­ erating unit and the energy correspond­ ing availability of gas from Union’s own Notice of Initial Service and Rate Schedules ing thereto. This agreement commenced production and from local production in M ay 8, 1973. on December 9, 1972, and will continue the areas of Union’s pipeline system. Out­ Take notice that on April 17, 1973, through December 9, 2000. The payment standing certificate authorization does Boston Edison Co. (Applicant), filed with provision of the agreement is designed to not contain volumetric limitations on the Federal Power Commission four sep­ reimburse Applicant for 11 percent of the sales to Union or to Cities’ other cus­ arate agreements and supporting data, fixed and operating costs associated with tomers. Cities proposes that the agree­ pursuant to § 35.12 of the Commission’s the installation and operation of said ment become effective April 23, 1973. regulations, for the purchase by various unit. Deliveries under this contract are to The Commission finds companies of capacity and related energy be made at the 345 kV bus of the Canal (1) The proposed service agreement from Applicant’s operation of its new Station, Sandwich, Mass. has not been shown to be ju stified an nuclear generating unit, designated Pil­ With regard to the agreements filed in docket No. E-8137, and docket No. may be unjust, unreasonable, unauiy grim unit No. 1. discrim inatory or preferential, or other­ (1) The Agreement filed in docket No.E-8139, the application states that New E-8137 constitutes an initial rate sched­ England Power Co. plans to file with the wise unlawful. ule providing for the purchase from Ap­ Commission transmission contracts pro­ (2) It is necessary and proper hi t © plicant of capacity and related energy by viding for delivery of the power pur­ public interest and to aid in the enfor Fitchburg Gas and Electric Co. (FG&E) chased under the subject agreements in ment of the provisions of the Naturai

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 NOTICES 12825

Gas Act that the proposed service agree­ [Docket No. CP73-292] taken but will not serve to make the pro­ ment be suspended and the use thereof EL PASO NATURAL GAS CO. testants parties to the proceeding. Any deferred as herein provided. person wishing to become a party to a (3) It is necessary and proper in the Notice of Application proceeding or to participate as a party in public interest and to aid in the enforce­ M ay 8, 1973. any hearing therein must file a petition ment of the provisions of the Natural Take notice that on April 30, 1973, to intervene in accordance with the Com­ Gas Act that the issues in this proceed­ El Paso Natural Gas Co. (Applicant) mission’s rules. ing be scheduled for hearing in accord­ P.O. Box 1492, El Paso, Tex. 79978 filed Take further notice that, pursuant to ance with the procedures set forth below. in docket No. CP73-292 an application the authority contained in and subject to the jurisdiction conferred upon the The Commission orders pursuant to section 7(c) of the Natural Gas Act for a certificate of public con­ Fédéral Power Commission by sections 7 (A) Pending hearing and decision on venience and necessity authorizing the and 15 of the Natural Gas Act and the issues relating thereto, the service agree­ construction and operation of certain Commission’s rules of practice and pro­ ment filed April 9, 1973, by Cities is natural gas tap facilities on its South­ cedure, a hearing will be held without suspended and the use thereof deferred ern Division System and the sale for further notice before the Commission on until September 23, 1973, and until such resale and delivery of natural gas to this application if no petition to inter­ further time as it is made effective in certain existing distributors for resale vene is filed within the time required the manner prescribed by the Natural to certain of Applicant’s right-of-way herein, if the Commission on its own re­ Gas Act. grantors on said system, all as more view of the matters finds that a grant of (B) Pursuant to the authority of the fully set forth in the application which the certificate is required by the public Natural Gas Act, the Commission’s rules is on file with the Commission and open convenience and necessity. If a petition of practice and procedure, and the reg­ to public inspection. for leave to intervene is timely filed or ulations under the Natural Gas Act, a Applicant states that in the course of if the Commission on its own motion be­ public hearing on the issues presented obtaining right-of-way easements for lieves that a formal hearing is required, in the application will be held commenc­ its Southern Division System facilities, further notice of such hearing will be ing June 19, 1973, at 10:10 a.m. (e.d.s.t.) certain grantors reserved the right to re­ duly given. in a hearing room of the Federal Power ceive gas service as partial consideration Under the procedure herein provided Commission, 825 North Capitol Street for granting the easement to Applicant. for, unless otherwise advised, it will be NE., Washington, D.C. 20426. An admin­ Applicant proposes to install four taps, unnecessary for Applicant to appear or istrative law judge to be designated by one each in Dona Ana County, N. Mex., be represented at the hearing. the Chief Administrative Law Judge Pecos County, Tex., Lamb County, Tex., shall preside at, and control, this pro­ K enneth F. P lumb, and Pinal County, Ariz., in order to ac­ Secretary. ceeding in accordance with the policies commodate gas requests from right-of- expressed in the Commission’s rules of way grantors—Dolores C. Wright, J. [FR Doc.73-9666 Filed 5-15-73;8:45 am] practice and procedure. Frank Pollard, Kenneth P. Hamilton (C) On or before May 30, 1973, Cities and Rodney Kleck. Applicant proposes [Docket No. RI73-275] shall prepare and serve its direct testi­ to deliver and sell natural gas to South­ mony and exhibits in support of its ap­ ern Union Gas Co. for resale to Delores FIRST NATIONAL BANK IN DALLAS, ET A L plication. C. Wright, to Pioneer Natural Gas Co. Notice of Petition for Special Relief (D) Any intervenors shall prepare and for resale to J. Frank Pollard and Ken­ serve their prepared testimony and ex­ neth P. Hamilton and to Southern Gas M ay 8, 1973. hibits, if any, in support o f their posi­ Corp. for resale to Rodney Kleck as a Take notice that on April 11, 1973, tions and in response to the submittals result of the right-of-way easements First National Bank in Dallas, trustee made in compliance with ordering para­ granted to Applicant. Applicant esti­ (Operator) et al. (Petitioner), P.O. Box graph

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 1&> 1973 12826 NOTICES the ultimate gas recoveries from 36.5 to increased rate, WR-7, and provide modi­ [Docket No. CI73-143] 42.5 (billion cubic feet); thus making fications to update the terms and condi­ GREAT PLAINS LAND CO. available to the interstate market an ad­ tions for wholesale electric service to ditional 6 billion cubic feet of gas which those customers. According to Georgia, Notice of Filing of Settlement Agreement could not otherwise be recovered from the proposed changes would increase M ay 8, 1973. this well. revenues from wholesale customers by Take notice that on April 24, 1973, Any person desiring to be heard or to approximately $17.5 million, if all whole­ Great Plains Land Co. (Great Plains) make any protest with reference to said sale delivery points were subject to the filed with the Commission a proposed petition should on or before May 24,1973, FPC electric tariff based upon usage for settlement agreement in docket No. file with the Federal Power Commission, the calendar year 1972. CI73-143. The agreement essentially es­ Washington, D.C. 20426, a petition to in­ Georgia alleges that the company’s tablishes a new sales price to Tennes­ tervene or a protest in accordance with cost of providing wholesale electric see Gas Pipeline Co. by Great Plains of the requirements of the Commission’s service have escalated steadily since the $0.30 per M ft3 of gas delivered from the rules of practice and procedure (18 CFR filing of its WR-6 rate which was based Seven Sisters Field of Duval County, Tex. 1.8 or 1.10). All protests filed with the upon a 1969 test year and that the in­ Such increased sales price is said to be Commission will be considered by it in creased rates are necessary in order to a reflection o f the costs of reworking determining the appropriate action to be provide the company with adequate rates the wells and adding a new compression taken but will not serve to make the to permit it to earn a fair return upon unit which was necessitated by declining Protestants parties to the proceeding. its property devoted to such service. volumes of gas in the field which caused Any party wishing to become a party to Georgia states that the present whole­ the well pressure to become so low as to a proceeding, or to participate as a party sale rate actually produced a return of make these wells nonoperational without in any hearing therein, must file a peti­ only 5.85 percent based upon 1971 opera­ further investment. tion to intervene in accordance with the tions and 5.96 percent based upon ad­ Copies of this settlement agreement Commission’s rules. justed 1972 operations. were served on all parties to this The proposed effective date of the K e n n e t h F . P l u m b , proceeding. Secretary. tariff changes is June 30, 1973. In ad­ Any person desiring to be heard or to dition, Georgia states that copies of the [PR Doc.73-9658 Piled 5-15-73;8:45 am] make any protest with reference to this revised tariff pages and billing com­ filing should on or before May 21, 1973, parisons have been mailed to all affected file with the Federal Power Commission, [Docket No. E-7679] customers and the Georgia Public Service 825 North Capitol Street NE., Washing­ Commission. FLORIDA POWER CORP. ton, D.C. 20426, petitions to intervene, Any person desiring to be heard or to protests or notices of intervention in Notice of Change in Location of Hearing protest said application should file a accordance with the requirements of the petition to intervene or protest with the M ay 8,1973. Commission’s rules o f practice and pro­ Federal Power Commission, Washington, cedure (18 CFR 1.8 or 1.10). All protests Notice is given that the hearing sched­ D.C. 20426, in accordance with §§1.8 and uled to convene in a hearing room of the filed with the Commission will be con­ 1.10 o f the Commission’s rules o f prac­ sidered by it in determining the appro­ Federal Power Commission in the above- tice and procedure (18 CFR 1.8, 1.10). entitled matter on May 17,1973, will con­ priate action to be taken but will not All such petitions or protests should be serve to make the protestants parties to vene in a room at the new Federal filed on or before May 24, 1973. Protests Power Commission location on the sec­ the proceeding. Persons wishing to par­ will be considered by the Commission ticipate as parties in any hearing therein ond floor of the Union Center Plaza in determining the appropriate action Building at 825 North Capitol Street NE., must file petitions to intervene in accord­ to be taken, but will not serve to make ance with the Commission’s rules. Washington, D.C. 20426, at the time Protestants parties to the proceeding. heretofore prescribed. Any person wishing to become a party K e n n e t h F . P lum b, Secretary. K e n n e t h F . P l u m b , must file a petition to intervene. Copies Secretary. of this application are on file with the [FR Doc.73-9670 Filed 5-15-73;8:45 am] [PR Doc.73-9667 Piled 5-15-73;8:45 am] Commission and are available for public inspection. [Docket No. CI73-717] K e n n e t h F . P l u m b , [Docket No. E-8170] Secretary. GREAT SOUTHERN OIL & GAS CO., INC. GEORGIA POWER CO. [FR Doc.73-9668 Filed 5-15-73;8:45 am] Notice of Application Notice of Proposed Changes in Rates and M a y 7,1973. Charges [Docket No. RI73—44] Take notice that on April 27, 1973, M a y 8, 1973. GETTY OIL CO. Great Southern Oil & Gas Co., Inc. (Ap­ Take notice that on April 30, 1973, p lican t), 604 Johnson Building, Shreve­ Georgia Power Co. (Georgia) tendered Notice of Postponement of Prehearing Conference port, La. 71101, filed in docket No. for filing the following proposed changes CI73-717 an application pursuant to sec­ in its FPC electric tariff, original volume M a y 8, 1973. tion 7(c) of the Natural Gas Act for a No. 1 for wholesale electric service to On April 9, 1973, a notice was issued certificate of public convenience and ne­ municipal electric systems and rural extending the time for the prehearing cessity authorizing the kale for resale and cooperatives: conference in the above-designated mat­ delivery of natural gas in interstate com­ Cover sheet. ter, until May 10, 1973, at 10 a.m., e.d.t. merce to Texas Gas Transmission Corp- First revised sheet 1. On May 1,1973, Getty Oil Co. filed a mo­ from the Mowata Field, Acadia Pansn, Second revised sheet 23. tion for issuance of certificate to sup­ La., all as more fully set forth in the ap­ Second revised sheet 24. First revised sheet 26. plement rate schedule and to terminate plication which is on file with the Com­ First revised sheet 27. proceeding in docket No. RI73-44. mission and open to public inspection. First revised sheet 28. Applicant proposes to sell approxi­ First revised sheet 29. Upon consideration, notice is hereby mately 4,000 M ft3 o f gas per m on th ior First revised sheet 30. given that the prehearing conference is 1 year from initial delivery at 35c/M ft a First revised sheet 31. postponed without date pending further 15.025 lb /in 2a within the contemplation First revised sheet 32. First revised sheet 33. order of the Commission. of § 2.70 of the Commission’s general Third revised sheet 35. K e n n e t h F . P l u m b , policy and interpretations (18 CFR 2-70) • Georgia states that proposed changes Secretary. It appears reasonable and consisten replace the present WR-6 rate with an [FR Doc.73-9669 Filed 5-15-73; 8:45 am] with the public interest in this case to

FEDERAL REGISTER. V O L 38, NO . 94— WEDNESDAY, M AY 16, 1973 NOTICES 12827 prescribe a period shorter than 15 days of § 2.70 of the Commission’s general mented, is proposed to become effective for the filing of protests and petitions policy and interpretations (18 CFR 2.70). 30 days after filing, pursuant to rule. to intervene. Therefore, any person de­ Applicant proposes to sell approximately Iowa-Illinois Gas & Electric Co. has con­ siring to be heard or to make any pro­ 300,000 M ft® of gas per m onth at 52 curred in the filing by Illinois Power. test with reference to said application cents per million Btu the first 10 months Any person desiring to be heard or to should on or before May 21, 1973, file and 54 cents per million Btu during the make any protest with reference to said with the Federal Power Commission, last 12 months, plus reimbursement of application should, on or before May 30, Washington, D.C. 20426, a petition to seven-eighths of taxes after February 6, 1973, file with the Federal Power Com­ intervene or a protest in accordance with 1973. mission, Washington, D.C. 20426, peti­ the requirements of the Commission’s It appears reasonable and consistent tions or protests to intervene in accord­ rules of practice and procedure (18 CFR with the public interest in this case to ance with the requirements of the 1.8 or 1.10). All protests filed with the prescribe a period shorter than 15 days Commission’s rules of practice and pro­ Commission will be considered by it in for the filing of protests and petitions to cédure (18 CFR 1.8 or 1.10). All protests determining the appropriate action to be intervene. Therefore, any person desir­ filed with the Commission will be con­ taken but will not serve to make the ing to be heard or to make any protest sidered by it in determining the appro­ protestants parties to the proceeding. with reference to said application should priate action to be taken but will not Any person wishing to become a party on or before May 21, 1973, file with the serve to make the protestants parties to to a proceeding or to participate as a Federal Power Commission, Washington, the proceeding. Persons wishing to be­ party in any hearing therein must file D.C. 20426, a petition to intervene or a come parties to a proceeding or to par­ a petition to intervene in accordance protest in accordance with the require­ ticipate as a party in any hearing therein with the Commission’s rules. ments of the Commission’s rules of prac­ must file petitions to intervene in accord­ Take further notice that, pursuant to tice and procedure (18 CFR 1.8 or 1.10). ance with the Commission’s rules. These the authority contained in and subject All protests filed with the Commission applications are on file with the Com­ to the jurisdiction conferred upon the will be considered by it in determining mission and available for public inspec­ Federal Power Commission by section 7 the appropriate action to be taken but tion. and 15 of the Natural Gas Act and the will not serve to make the protestants K e n n e t h F . P l u m b , Commission’s rules o f practice and pro­ parties to the proceeding. Any person Secretary. cedure, a hearing will be held without wishing to become a party to a proceed­ [FR Doc.73-9675 Filed 5-15-73;8:45 am] further notice before the Commission on ing or to participate as a party in any this application if no petition to inter­ hearing therein must file a petition to [Docket No. ID-1599 et al.] vene is filed within the time required intervene in accordance with the Com­ herein, if the Commission on its own mission’s rules. JAMES F. SMITH AND OTHER APPLICANT review of the matter finds that a grant Take further notice that, pursuant to LISTED HEREIN of the certificate is required by the pub­ the authority contained in and subject Notice of Applications lic convenience and necessity. If a peti­ to the jurisdiction conferred upon the tion for leave to intervene is timely filed, Federal Power Commission by section 7 M a y 8, 1973. or if the Commission on its own motion and 15 of the Natural Gas Act and the Take notice that the following appli­ believes that a form al hearing is re­ Commission’s rules of practice and pro­ cations were filed on the stated dates, quired, further notice of such hearing cedure, a hearing will be held without pursuant to section 305(b) of the Federal will be duly given. further notice before the Commission on Power Act, for authority to hold the posi­ Under the procedure herein provided this application if no petition to inter­ tion of officer or director of more than for, unless otherwise advised, it win be vene is filed within the time required one public utility, or the position of offi­ unnecessary for Applicant to appear or herein, if the Commission on its own re­ cer or director of a public utility and be represented at the hearing. view of the matter finds that a grant of officer or director of a firm authorized to the certificate is required by the public market utility securities, or the position K e n n e t h F . P l u m b , convenience and necessity. If a petition of officer or director of a public utility Secretary. for leave to intervene is timely filed, or and officer or director of a company [FRDoc.73-9671 Filed 5-15-73;8:45 am] if the Commission on its own motion supplying electric equipment to such pub­ believes that a formal hearing is required, lic utility. further notice of such hearing will be Any person desiring to be heard or to [Docket No. CI73-716] duly given. make any protest with reference to said GULF OIL CORP. Under the procedure herein provided application should on or before May 23, for, unless otherwise advised, it will be 1973, file with the Federal Power Com­ Notice of Application unnecessary for Applicant to appear or mission, Washington, D.C. 20426, peti­ M a y 7, 1973. be represented at the hearing. tions to intervene or protests in accord­ Take notice that on April 26, 1973, ance with the requirements of the Com­ K e n n e t h F . P l u m b , mission’s rules of practice and proce­ Gulf Oil Corp. (A pplicant), P.O. Box Secretary. 1589, Tulsa, Okla. 74102, filed in docket dure (18 CFR 1.8 or 1.10). All protests No. CI73-716 an application pursuant [FR Doc.73-9672 Filed 5-15-73;8:45 am] filed with the Commission will be con­ to section 7(c) of the Natural Gas Act sidered by it in determining the appro­ for a certificate of public convenience [Docket No. E-8101] priate action to be taken but will not and necessity authorizing the sale for serve to make the protestants parties resale and delivery of natural gas in ILLINOIS POWER CO. to the proceeding. Persons wishing to be­ interstate commerce to Transwestern Notice of Filing of Interconnection come parties to the proceeding or to par­ Pipeline Co. from Applicant’s interest in Agreement ticipate as a party in any hearing therein must file petitions to intervene in accord­ the Burton Flats W ell Nos. 1, 2, and 3, M a y 8, 1973. ance with the Commission’s rules. The Eddy County, N. Mex., all as more fully Take notice that on April 2, 1973, Illi­ set forth in the application which is on application is on file with the Commis­ nois Power Co. (Applicant) filed an in­ sion and available for public inspection. file with the Commission and open to terchange agreement, dated M arch 15, public inspection. 1973, with Iow a-Illinois Gas & Electric ^D-1599.. James F. 2-26-73 Fitchburg Gas & Co., which provides for the exchange of Smith. Electric Light Co. Applicant states that it proposes to ID-1692.. John W. 2-22-73 Appalachian Power commence the sale of natural gas within various classes of power under service Vaughan. Co. schedules initially made a part of the Kanawha Valley the contemplation o f § 157.29 o f the reg­ agreement and containing negotiated Power Co. ulations under the Natural Gas Act and rates or rates to be negotiated for spe­ Proposes to continue said sale fo r 22 cific transactions. The rate schedule, K e n n e t h F . P l u m b , months from the end of the 60-day emer­ which would supersede Illinois Power Secretary. gency period within the contem plation Co.’s rate schedule FPC No. 5, as supple­ [FR Doc.73-9682 Filed 5-15-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 12828 NOTICES

[Docket No. E-8151] increase in revenues of approximately T echnical Advisory Committee on Fuels KANSAS GAS & ELECTRIC CO. $1,340,862. McCulloch states that this Task Force—Environmental Considera­ proposed change in rates is made to cover tions and Constraints Notice of Proposed Changes in Rates and increases in the cost of transporting gas Robert Catlin, member, Director, Division Charges through its facilities to Colorado Inter­ of Environmental Affairs, Atomic Energy M a y 8,1973. state Gas Co., and to insure a reasonable Commission. Take notice that on April 23, 1973, rate of return. McCulloch states further Frank A. Collins, member, Operations Re­ that this rate request will be applicable search Analyst, Environmental Protection Kansas Gas & Electric Co. (Kansas) Agency. tendered for filing a letter agreement to sales of gas in Montana-Wyoming Harry Johnson, member, Assistant to the dated March 29,1973, supplementing the area. According to McCulloch, its total Assistant Director—Energy, U.S. Bureau of electric interconnection contract dated revenue for 1972 was $6,071,537. Mines. June 28, 1960, with Western Power Divi­ McCulloch requests that the monthly Joseph P. McCluskey, member, director, en­ sion of Central Telephone & Utilities detail requirement be waived with re­ vironmental affairs, Commonwealth Edison Corp. (Western) designated rate sched­ spect to this filing and that if waiver Co. ule FPC No. 101. The proposed effective is not granted, McCulloch requests an T echical Advisory Committee on Power date of this letter agreement is July 1, extension through June 1, 1973, to fu r­ Supply 1973. Kansas states that this letter nish the monthly detail supporting Arthur McZier, member, Assistant Admin­ agreement provides for the sale by schedule A through M, and appropriate istrator for Minority Enterprise, Small Busi­ Karisas of 30 MW of capacity from its certificates where such detail and certifi­ ness Administration. cates are applicable. La Cygne No. 1 unit for the 12-month Technical Advisory Committee on Research period beginning July 1, 1973. A ccord­ Any person desiring to be heard or to protest said application should file a and Development Task Force—Energy ing to Kansas, the rate to be paid to Conservation Research it for the capacity purchased will be petition to intervene or protest with the Federal Power Commission, Washington, Belmonte P. Cucolo, member, supervising $1.50 per kilowatt per month, payable engineer. Power Authority of the State of regardless of the specific unit’s avail­ D.C. 20426, in accordance with §§1.8 and New York. ability and the associated energy shall 1.10 o f the Commission’s rules o f prac­ be paid for at a rate of 3.50 mills/kWh. tice and procedure (18 CFR 1.8,1.10). All Technical Advisory Committee on Research Kansas states further that copies of this such petitions or protests should be filed and Development T ask Force—Energy letter agreement have been furnished to on or before May 23, 1973. Protests will Systems Research Western and the Kansas State Corpora­ be considered by the Commission in de­ Dr. Roger Carlsmith, member, energy pro­ termining the appropriate action to be gram staff, Oak Ridge National Laboratory. tion Commission. taken, but will not serve to make pro­ Dr. Eric Hirst, member, energy program Any person desiring to be heard or to testants parties to the proceeding. Any staff, Oak Ridge National Laboratory. protest said application should file a peti­ person wishing to become a party must Dr. M. H. Mickle, member, professor of electrical engineering, Camegie-Mellon Uni­ tion to intervene or protest with the Fed­ file a petition to intervene. Copies of this versity. eral Power Commission, Washington, application are on file with the Commis­ Dr. W..G. Vogt, member, professor of elec­ D.C. 20426, in accordance with §§ 1.8 and sion and are available for public trical engineering, Camegie-Mellon Univer­ inspection. sity. 1.10 o f the Commission’s rules o f prac­ K e n n e t h F . P l u m b , Frank E. Montmeat, member, forecast en­ tice and procedure (18 CFR 1.8, 1.10). Secretary. gineer, Public Service Electric & Gas Co., All such petitions or protests should be New Jersey. [FR Doc.73-9676 Filed $-15-73;8:45 am] Dr. Philip Palmedo, member, professional filed on or before May 16, 1973. Protests staff, Brookhaven National Laboratory. will be considered by the Commission in By the Commission. determining the appropriate action to be NATIONAL POWER SURVEY TECHNICAL ADVISORY COMMITTEES AND TASK taken, but will not serve to make pro­ [ s e a l ] K e n n e t h F . P lum b, FORCES Secretary. testants parties to the proceeding. Any Order Designating Additional Members person wishing to become a party must [FR Doc.73-9659 Filed 5-15-73;8:45 am] file a petition to intervene. Copies of this May 7, 1973.~ application are on file with the Commis­ The Federal Power Commission, by NATIONAL POWER SURVEY EXECUTIVE orders issued September 28, 1972, No­ ADVISORY COMMITTEE sion and are available for public inspec­ vember 2, 1972, and December 7, 1972, tion. established certain technical advisory Order Designating Additional Members K e n n e t h F . P l u m b , committees and task forces. M a y 7, 1973. Secretary. 2. M embership.—Additional members The Federal Power Commission, by [FR Doc.73-9673 Filed 5-15-73;8:45 am] of the technical advisory committees and order issued August 11, 1972, established task forces, as selected by the Chairman the Executive Advisory Committee of the [Docket No. RP73-103] of the Commission, with approval of the National Power Survey. Commission, are as follows: 2. Membership.— Additional members McCULLOCH INTERSTATE GAS CORP. to the Executive Advisory Committee, as T echnical Advisory Committee on Finance Notice of Proposed Changes in Rates and selected by the Chairman of the Com­ Charges Robert R. Fortune, member, senior vice president and treasurer, Pennsylvania Power mission, with the approval of the Com­ M a y 8, 1973. & Light Co. mission, are as follows: Take notice that on April 30, 1973, T echnical Advisory Committee on Fuels Hon.. James T. Lynn, member, Secretary, McCulloch Interstate Gas Corp. (Mc­ Stephen A. Wakefield, member, assistant Housing and Urban Development. Culloch) tendered for filing third revised secretary, Energy and Minerals, Department Mr. Timothy L. Jenkins, member, attorney, of the Interior. and chairman, board of directors, Washing­ sheet No. 11 to its FPC gas tariff, orig­ Mr. Wakefield replaces former Assistant inal volume No. 1. The proposed effec­ ton, D.C., Neighborhood Consumer Informa­ Secretary Hollis M. Dole. tion Center. tive date of such revised tariff sheet is Technical Advisory Committee on Fuels By the Commission. June 1, 1973. M cCulloch proposes to in­ Task Force—Administrative crease its presently effective rate sched­ [ s e a l ] K e n n e t h F. P lum b, Stephen A. Wakefield, member, assistant Secretary. ule PL-1 rates by 9.56C/M ft* (14.65 psco) secretary. Energy and Minerals, Department in order to provide an annual estimated of the Interior. [FR Doc.73-9660 Filed 5- 15- 73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 NOTICES 12829

{Docket No. E-7737] ' for filing new Penn rate schedules for its [Dockets Nos. OP73-87 and CP73-277] ORANGE & ROCKLAND UTILITIES municipal wholesale customers. The pro­ SEA ROBIN PIPELINE CO. posed effective date of these rate sched­ Notice of Motion for Approval of Proposed ules is July 1,1973. Notice of Application and Amendment to Settlement Penn states that the affected munici­ Application M a y 8, 1973. palities and the FPC numbers of the rate M ay 7, 1973. Take notice that on April 17, 1973, schedules in effect for each are as Take notice that on April 13,1973, Sea Orange and Rockland Utilities, Inc. (O. & follow s: Robin Pipeline Co. (A pplican t), 1525 R.) tendered for filing a m otion o f Rate Fairfield Avenue, Shreveport, La. 71158, Orange and Rockland Utilities Inc. for schedule filed an amendment to its application approval of proposed settlement in docket No. pending in docket No. CP73-87 pursuant New Wilmington______14 to section 7(c) of the Natural Gas Act No. E-7737. O. & R. also files service Wampum ______15 agreements between it and its subsid­ Zelienople______16 for a certificate of public convenience iaries as proposed settlement rate sched­ Ellwood City______17 and necessity authorizing the construc­ ule. O. & R. states that the executed Grove City______19 tion and operation of facilities in offshore agreements between O. & R. and its sub­ Louisiana to take into its pipeline system sidiaries which are appended to this Penn states further that the schedules additional supplies of natural gas. Take motion incorporate the additional provide for the following changes in further notice that on April 13,1973, Ap­ modifications which O. & R. now pro­ schedules now on file with the Commis­ plicant filed in docket No. CP73-277 an poses. According to O. & R. these addi­ sion for Penn’s municipal wholesale serv­ application pursuant to section 7(c) of tional modifications are (1) a clause ice customers: the Natural Gas Act for a certificate of which will permit a more proper deter­ 1. An increase in rates; public convenience and necessity au­ mination and billing o f Federal incom e 2. Addition of a fuel cost adjustment thorizing the increase of compressor tax expense associated with the service clause; and horsepower at its facility in block 149, being supplied, (2) a provision to reflect 3. Addition of a load shedding clause. Vermilion area, offshore Louisiana. The working capital and (3) changes in According to Penn, the reason for the proposals are more fully set forth in the language throughout the service agree­ increase in rates is that Penn’s return application and amendment which are ments so as to describe the determina­ on plant and property devoted to the on file with the Commission and open to tion of all of the cost o f service elements service of its municipal wholesale cus­ public inspection. in greater detail. O. & R. states further tomers has been declining and is no In its application in docket No. CP73- that the service agreements also reflect longer just and reasonable. The reason 87, among other things, Applicant pro­ the changes which were authorized by for the addition of a fuel cost adjustment poses to construct 4.1 miles o f 26- the Commission’s order o f April 6, 1973, clause is to smooth out the significant inch pipeline, looping the existing 24- in this docket. O. & R. requests that the effects on return occasioned by increases inch and 26-inch pipelines from block Commission waive the notice require­ in the cost of fossil fuel to Penn and 205, Eugene Island area to block 149 ments of its regulations so as to permit which may also be occasioned by a de­ Vermilion area, offshore Louisiana. Ap­ these service agreements to become effec­ cline in such prices, although no decline plicant states that it will require greater tive as of April 6,1973. is foreseen in the near future. The rea­ capacity pipeline than originally In addition O. & R. states that the pro­ son for the provision on load shedding planned due to an increasing supply; visions of this proposed settlement are is to give to the municipalitities a com­ and, therefore seeks, by way of the in­ not intended to be separable and if a mensurate share of the burden Penn has stant amendment, authorization to loop final order of the Commission approving undertaken in agreement with other in­ the existing pipeline with 30-inch pipe, this settlement is appealed, O. & R. re­ terconnected systems to shed load in un- instead of the proposed 26-inch pipe. Ac­ serves the right to withdraw the proposed derfrequehcy system conditions in order cording to Applicant, these requested fa­ settlement rate schedule within 30 days to enhance reliability of the coordinated cilities will enable it to deliver 1.185 mil­ of the receipt of the notice of appeal. systems network by reducing the impact lion thousand cubic feet of natural gas Any person desiring to be heard or to of widespread system operating problems. daily. Applicant estimates that the cost protest said application should file a peti­ In addition, Penn states that copies of the facilities will be $18,700,800 to be tion to intervene or protest with the financed with cash on hand. Federal Power Commission, W ashington, of this letter and the appropriate rate schedules have been sent this day to Applicant indicates that the proposal D.C. 20426, in accordance with §§ 1.8 and in the application in docket No. CP73- 1.10 of the Commission’s rules of prac­ the mayors of each of the municipalities 277 for authorization to increase the tice and procedure (18 CFR 1.8,1.10). All that are wholesale customers of Penn. compressor horsepower at its facility in such petitions or protests should be filed Any person desiring to be heard or to block 149, Verm ilion area, to 37,050 on or before May 16,1973. Protests will be protest said application should file a horsepower will be accomplished by up- considered by the Commission in deter­ petition to intervene or protest with the rating a 10,500-hp unit authorized in mining the appropriate action to be docket No. CP72-115 to 12,350 hp, and taken, but will not serve to make pro­ Federal Power Commission, Washington, by uprating two 7,000-hp units, for testants parties to the proceeding. Any D.C. 20426, in accordance with §§ 1.8 and which a temporary certificate is re­ person wishing to become a party must 1.10 o f the Commission’s rules o f prac­ quested in docket No. CP73-87, to 12,350 file a petition to intervene. Copies of this tice and procedure (18 CFR 1.8,1.10). All hp each. Applicant alleges that the up- application are on file with the Commis­ such petitions or protests should be filed rating is necessary due to a gas supply sion and are available for public inspec­ exceeding authorized and pending facili­ tion. on or before May 24, 1973. Protests will be considered by the Commission in ties’ capacity by 170,000 M ft3 (thousand K e n n e t h F . P l u m b , cubic feet) per day. The cost of uprating Secretary. determining the appropriate action to the aforementioned facilities to 37,050 [PR Doc.73-9677 Piled 5-15-73:8:45 am] be taken, but will not serve to make Pro­ compressor horsepower is $673,000 to be testants parties to the proceeding. Any financed from funds on hand. [Docket No. E-8159] person wishing to become a party must Any person desiring to be heard or file a petition to intervene. Copies of this to make any protest with reference to PENNSYLVANIA POWER CO. application are on file with the Commis­ said applications, as amended, should on or before May 29, 1973, file with the Notice of Proposed Changes in Rates and sion and are available for public inspec­ Charges Federal Power Commission, Washington, tion. D.C. 20426, a petition to intervene or a M a y 8, 1973. K e n n e t h F . P l u m b , Secretary. protest in accordance with the require­ notice that on April 30, 1973, ments of the Commission’s rules of prac­ nnsyivama Power Co. (Penn) tendered [PR Doc.73-9678 Filed 5-15-73;8:45 am] tice and procedure (18 CFR 1.8 or 1.10)

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 12830 NOTICES and the regulations under the Natural increase in the cost of power purchased posed increased rates be suspended for Gas Act (18 CFR 157.10). All protests from its supplier, Pacific Gas & Electric a long enough period to allow sufficient filed with the Commission will be con­ Co. (P.G. & E.) to become effective on inform ation to be furnished to deter­ sidered by it in determining the appro­ such date in docket No. E-7777 and that, mine appropriate rates. City of Fallon priate action to be taken but will not in any event its tariff sheets become ef­ urges that Sierra be required to file rates serve to make the protestants parties to fective simultaneously with P.G. & E.’s which will raise no more revenues than the proceeding. Any person wishing to increase. required to recover the cost of service become a party to a proceeding or to The Commission issued a public notice contained in the Stipulation plus the participate as a party in any hearing of the proposed rate increase on P.G. & E. rate increase, and that the pro­ therein must file a petition to intervene M arch 29, 1973, which was published in posed rates be suspended. in accordance with the Commission’s the F ederal R e g is t e r on April 6, 1973 Sierra is unquestionably entitled to rules. Persons who have heretofore filed (38 FR 8770). One of Sierra’s four exist­ include in its cost o f service the increased protests and petitions to intervene need ing customers, Truckee-Donner Public cost o f purchased power. The exact not file again. Utility District (Truckee), by letter filed amount o f that cost can be determined Take further notice that, pursuant to March 30,1973, states that it did not join only after rates are approved for P.G. the authority contained in and subject in the above mentioned stipulation and & E. in docket No. E-7777. The rights to the jurisdiction conferred upon the that Sierra’s proposed rate increase in of all parties will be preserved by con­ Federal Power Commission by sections 7 docket No. E-8092 does not change the solidating this docket with docket No. and 15 of the Natural Gas Act and the position Truckee has maintained in E-7706 et al. Commission’s rules of practice and pro­ docket No. E-7706, et al., now before an It is not our intent in consolidating cedure, hearings will be held without administrative law judge for initial deci­ these dockets to place in issue the pro­ further notice before the Commission on sion; i.e., that its rate is not contractually priety of including the increased cost of these applications if no petition to inter­ subject to a unilateral rate increase, purchased power in Sierra’s cost of serv­ vene is filed within the time required and, alternately, that the cost of service ice. It is also unnecessary for us to sus­ herein, if the Commission on its own to Truckee does not justify a rate in­ pend the effectiveness o f the proposed review of the matter finds that grants crease.* Mount Wheeler Power, Inc. rates since they are filed in purported of the certificates are required by the (Mount Wheeler), by letter filed March compliance with the settlement. Sierra public convenience and necessity. If a 21, 1973, objects to the M arch 15 filing,3 under that settlement may pass through petition for leave to intervene is timely stating that it had not entered into the to its customers the increased cost of filed, or if the Commission on its own stipulation and that the P.G. & E. rate purchased power from P.G. & E. and motion believes that a formal hearing increase was not applicable to Mount nothing more. To the extent that the is required, further notice of such hear­ Wheeler, but is an issue pending initial proposed rates include any increment ing will be duly given. decision. Mount Wheeler accordingly re­ over and above what will ultimately be Under the procedure herein provided quest that no action be taken by the determined to be just and reasonable for, unless otherwise advised, it will be Commission on the March 15 rate filing rates to P.G. & E. must be refunded by unnecessary for Applicant to appear or until the determination of the pending Sierra and its rates reduced accord­ be represented at the hearings. issues in docket No. E-7706 et al. ingly. Sierra, on April 6, 1973, filed a m otion The Commission orders K e n n e t h F . P l u m b , for waiver of the requirements of § 35.13 Secretary. of the Commission’s regulations under (A ) Docket No. E-8092 is consolidated [FR Doc.73-9679 Filed 5-15-73;8:45 am] the Federal Power Act and requested: with docket No. E-7706 et al., for the (i) Permission to supplement its March purposes herein set forth. (B) Upon determination of just and [Dockets Nos. E-7706, E-7750, and E-8092] 15 rate filing with the cost and revenue data attached to its motion; (ii) the con­ reasonable rates for P.G. & E. in docket SIERRA PACIFIC POWER CO. solidation of docket No. E-8092 with No. E-7777, Sierra shall pass through to its customers any refunds including in­ Order Providing for Hearing, Accepting Re­ docket No. E-7706 et al.; (iii) permission terest thereon received from P.G. & E. vised Tariff Sheets and Consolidating to make the proposed increased rates and shall file revised rates to reflect the Proceedings filed M arch 15, effective on April 28,1973, subject to refund pending the outcome of effects of lower rates, if any, charged by M a y 4,1973. Sierra’s proceedings in docket No. E-7706 P.G. & E. Such refund and filing, if neces­ Sierra Pacific Power Co. (Sierra) on sary, shall be made within 60 days from et al., and P.G. & E.s proceedings in the date the Commission issues a final M arch 15, 1973, tendered for filing in docket No. E-7777. order in docket No. E-7777. / docket No. E-8092 increased rates and In support of its request for waiver of charges contained in revised tariff sheets (C) Sierra’s requests for waiver of the cost of service and other data re­ § 35.13 and for an effective date of in its FPC Electric Tariff, original vol­ quirements of the Commission’s regula­ ume No. 1, proposed to become effective April 28, 1973, are granted. tions, Sierra states, inter alia, that the (D ) The Secretary shall cause prompt on April 28, 1973. The proposed rates proposed increase is not a general in­ would increase jurisdictional revenues by publication of this order in the F ederal crease but involves only a pass-on of an R e g is t e r . approximately $40,507 annually.1 actual increase in one component of cost, Sierra states that the proposed tariff that of purchased power resulting from By the Commission. sheets are submitted pursuant to para­ P.G. & E.’s increase in docket No. E- [ s e a l ] K e n n e t h F. P lu m b, graph 2 of article I of the “Stipulation of 7777 and that it has made a complete fil­ Secretary. Facts and Statement of Reserved Issues ing in com pliance with § 35.13 o f the [FR Doc.73-9680 Filed 5-15-73;8:45 am] for Briefing and Decision” (Stipulation), regulations in dockets Nos. E-7706 and placed into the hearing record in dockets E-7750. Nos. E-7706 and E-7750, which author­ Truckee and city of Fallon filed ob­ [Rate Schedule No. 128, et al.] izes Siera “ * * * to concurrently reflect jections to Sierra’s April 6 motion. SKELLY OIL CO., ET AL. the increase in its purchased power costs Truckee requests that Sierra’s request resulting from application of the in­ Notice of Rate Change for waiver be denied and that the pro- creased rates filed by P.G. & E. in docket M a y 8, 1973. No. E-7777, subject to rate reduction and 2 By order issued May 26, 1972, the Com­ Take notice that the producers listed refund by further order of the Commis­ mission denied Truckee’s motion for recon­ in the appendix attached hereto have sion.” Sierra requests that the rate in­ sideration of our order of Mar. 28,1972, which, filed proposed increased rates to the ap­ crease be permitted to become effective inter alia, denied Truckee’s motion to reject plicable area new gas ceiling based on on April 28, 1973, in order to reflect the the proposed increased rates. the interpretation of vintaging concepts 3 Mount Wheeler is a new wholesale cus­ set forth by the Commission in its tomer under Sierra’s FPC rate schedule No. 1 Fourth revised sheet No. 4 and third re­11, which is subject to investigation and opinion No. 639, issued D ecem b er 12, vised sheet No. 6. hearing in docket No. E-7750. 1972.

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 NOTICES 12831

The information relevant to each of cedure (18 CFR 1.8 or 1.10). All protests (Texas Eastern) tendered for filing origi­ these sales is listed in the appendix. filed with the Commission will be con­ nal sheets Nos. 458 through 462, consti­ Any person desiring to be heard or sidered by it in determining the appro­ tuting rate schedule X-64, and two copies to make any protest with reference to priate action to be taken but will not of first revised sheet No. 345 superseding said filing should on or before May 18, serve to make the protestants parties to original sheets Nos. 345 through 349, con ­ 1973, file with the Federal Power Com­ the proceeding. Any party wishing to be­ stituting notice of supersession of rate mission, W ashington, D.C. 20426, a come a party to a proceeding or to par­ schedule X-44, both of original volume petition to intervene or a protest in ticipate as a party in any hearing therein No. 2 of its FPC gas tariff. accordance with the requirements of the must file a petition to intervene in ac­ Texas Eastern states that rate schedule Commission’s rules o f practice and p ro- cordance with the Commission’s rules. X-64 is an exchange agreement dated September 23,1971, between Texas East­ Rate ern and Texas Gas Transmission Corp. Filing date Producer schedule Buyer Area which provides for the exchange of natu­ No. ral gas by Texas Eastern and Texas Gas. According to Texas Eastern, this agree­ Apr. 23,1978-= Skelly OU Co., P.O. Box 1650, 128 Lone Star Gas Co. . . Other southwest area. ment supersedes the previous exchange Tulsa, Okla. 74102. agreement between the parties dated No­ Apr. 30,1973.= Marathon Oil Co., 639 South Main 16 United Gas Pipe Line Southern Louisiana-. St., Findlay, Ohio 45840. Co. vember 27, 1959, filed as Texas Eastern’s Do...... - Amoco Production Co. (Operator) 114 Texas Gulf Coast. rate schedule X-44, and it also adds an et al., P.O. Box 3092, Houston, Tex. 77001. additional point of exchange and certain UUU-âC 112 ^ - - ¿to----- • '------Other southwest area. provisions with respect to title to and control of the gas and quality standards K e n n e t h F . P l u m b , which were not contained in the previous Secretary. exchange agreement. [FB Doc.73-9681 Filed 5-15-73;8:45 am] Texas Eastern requests waiver of the applicable provisions of the Commission’s [Docket No. RP73-64] TENNESSEE GAS PIPELINE CO. rules and regulations so as to permit rate SOUTHERN NATURAL GAS CO. Notice of Proposed Changes in Rates and schedule X-64 to become effective cm Charges May 1, 1973, which is the same date being Notice of Proposed Changes in Rates and M ay 8,1973.* requested by Texas Gas in filing its ex­ Charges change agreement with Texas Eastern, Take notice that on April 18, 1973, M ay 7, 1973. designated as X-44. Tennessee Gas Pipeline Co. (Tennessee), Take notice that on April 19, 1973, Any person desiring to be heard or to tendered for filing as part of the FPC protest said application should file a Southern Natural Gas Co. (Southern), gas tariff of Tennessee, sixth revised vol­ tendered for filing substitute second re­ petition to intervene or protest with the ume No. 2, duplicate copies of first re­ Federal Power Commission, Washington, vised sheet No. 4A (entitled original vised sheet No. 171. Tennessee states that PGA-1) to its FPC gas tariff, sixth D.C. 20426, in accordance with §§1.8 and this sheet is being filed for the purpose 1.10 of the Commission’s rules of prac­ revised volume No. 1, in compliance with of canceling rate schedule T-18. Tennes­ Commission’s letter order o f April 12, tice and procedure (18 CFR 1.8,1.10). All see states further that deliveries under such petitions or protests should be filed 1973, in docket No. RP73-64, Southern T-18 to The Greenwich Gas Co. termi­ states that second revised sheet No. 4A on or before May 16, 1973. Protests will nated April 1, 1973, under the terms of be considered by the Commission in de­ reflects (1) the base tariff rates pres­ the original contract. According to Ten­ ently in effect and (2) the redesign of termining the appropriate action to be nessee, revenues from these deliveries for taken, but will not serve to make pro­ Southern’s notes as a result o f the Com­ the first 3 months o f 1973 was $14,998. mission’s acceptance o f Sea Robin Pipe­ testants parties to the proceeding. Any Tennessee requests that the enclosed person wishing to become a party must line Co.’s “ alternate revised” tariff tariff sheets be made effective May 19, sheets. Southern also states that in­ file a petition to intervene. Copies of this 1973. application are on file with the Commis­ cluded herewith are schedules Nos. 1 Any person desiring to be heard or to through 4 supporting the deviation of sion and are available for public inspec­ protest said application should file a pe­ tion. the current adjustment to rates as pro­ tition to intervene or protest with the vided for in § 17.3(6) of the general K e n n e t h F. P l u m b , Federal Power Commission, Washington, Secretary„ tarms and conditions of Southern’s tariff. D.C. 20426, in accordance with §§ 1.8 and The proposed effective date of substitute 1.10 o f the Commission’s rules o f prac­ [FR Doc.73-9685 Filed 5-15-73;8:45 am] second revised sheet No. 4A is April 16, tice and procedure (18 CFR 1.8, 1.10). 1973. All such petitions or protests should be TRANSCONTINENTAL GAS PIPELINE Any person desiring to be heard or to filed on or before May 14, 1973. Protests Protest said application should file a will be considered by the Commission in CORP. Petition to intervene or protest with the determining the appropriate action to be Notice of Proposed Changes in Rates and federal Power Commission, Washington, taken, but will not serve to make pro­ Charges i in 20426, k1 accordance with §§ 1.8 and testants parties to the proceeding. Any l.io of the Commission’s rules of prac­ M ay 8,1973. tice and procedure (18 CFR 1.8, 1.10). person wishing to become a party must Take notice that on April 23, 1973, All such petitions or protests should be file a petition to intervene. Copies of this Transcontinental Gas Pipe Line Corp. •n u0n or before May 14, 1973. Protests application are on file with the Commis­ (Transco) tendered for filing as part of will be considered by the Commission in sion and are available for public inspec­ its FPC gas tariff, original volume, No. 2, determining the appropriate action to tion. the following sheets: e taken, but will not serve to make p ro- Fifth revised sheet No. 47. K e n n e t h F. P l u m b , Second revised sheet No. 59—A. estants parties to the proceeding. Any Secretary. First revised sheet No. 59-B. Person wishing to become a party must [FR Doc.73-9684 Filed 5-15-73;8:45 am] Original sheets No. 59-C through 59—G. e a petition to intervene. Copies of this Transco states that the proposed application are on file with the Com - TEXAS EASTERN TRANSMISSION CORP. changes comprise a part of rate schedule mission and are available fo r public X -ll, a transportation agreement be­ inspection. Notice of Exchange Agreement tween Transco and Sun Oil Co. Transco K e n n e t h F . P l u m b , M ay 3, 1973. states further that these changes add an Secretary. Take notice that on April 19, 1973, additional point of delivery and process­ [PR Doc.73-9683 Filed 5-15-73;8:45 am] Texas Eastern Transmission Corp. ing language to such transportation

FEDERAL .REGISTER, VOL. 38, N O . 94— WEDNESDAY, M AY 16, 1973 No. 94—pt I----- e 12832 NOTICES agreement. According to Transco these only insofar as said Boyd and Boyd “B” FINANCIAL GENERAL BANKSHARES, INC changes were authorized by certificate of leases cover two-thirds of the gas pro­ E T A L public convenience and necessity issued duced therefrom; and one-third of the Amended Notice April 9, 1973, in Transco’s docket No. gas produced from the said Weddell lease. CP73-9. In addition Transco states that It being specifically understood that the Financial General Bankshares, Inc., this sheet has a proposed effective date gas presently under contract to El Paso Washington, D.C., and its two wholly o f April 9, 1973, the date o f issuance of shall be effective as to one-third Boyd owned subsidiaries, the Morris Plan Corp. the certificate and the date the addi­ and Boyd “B” leases and two-thirds and Virginia Bankshares, Inc., both of tional point began to be used as an addi­ Weddell lease; and agree to commence Washington, D.C., have applied for the tional point of delivery. Transco re­ deliveries of all casinghead gas produced Board’s approval under section 3(a)(3) quests the Commission to waive such pro­ from, or allocated to, the lands last above of the Bank Holding Company Act (12 visions of its rules and regulations and described on or before April 1,1973. Fur­ U.S.C. 1842(a)(3)) to acquire 17,000 or grant whatever special permissions as ther, Stephens and Cass will cooperate more o f the voting shares o f Clarendon may be required to permit this filing to with Union Texas in obtaining a balance Bank & Trust, Alexandria, Va., but not become effective on such date. of the gas previously delivered to El Paso to exceed 80 percent o f the outstanding Any person desiring to be heard or to from the lands covered by gas purchase shares. The factors that are considered protest said application should file a contract dated March 31,1954, by supply­ in acting on the application are set forth petition to intervene or protest with the ing all gas settlement statements from El in section 3(c) of the Act (12 U.S.C. Federal Power Commission, Washington, Paso, and other material pertaining 1 8 4 2 (c)). D.C. 20426, in accordance with §§ 1.8 and thereto. Financial General Bankshares, Inc., is 1.10 of the Commission’s rules of prac­ Further, Stephens and Cass and Union also engaged in the following nonbank tice and procedure (18 CFR 1.8, 1.10). Texas, release each other mutually from activities: Mortgage banking, property All such petitions or protests should be any claim for damages on any matter development, and the financing, selling, filed on or before May 18, 1973. Protests asserted in this controversy. leasing and managing o f commercial will be considered by the Commission in Copies of the agreement were served on property together with both single and determining the appropriate action to all parties to this proceeding. multifamily residential property. In ad­ be taken, but will not serve tò make Any person'desiring to be heard or to dition to the factors considered under Protestants parties to the proceeding. make any protest with reference to this section 3 of the act (banking factors), Any person wishing to become a party filing should on or before May 29, 1973, the Board will consider the proposal in must file a petition to intervene. Copies file with the Federal Power Commission, the light o f the com pany’s nonbanking of this application are on file with the 825 North Capitol Street NE., Washing­ activities and the provisions and prohibi­ Commission and are available for public ton, D.C. 20426, petitions to intervene or tions in section 4 of the Act (12 U.S.C. inspection. protests in accordance with the require­ 1843). K enneth F. P lumb, ments of the Commission’s rules of prac­ The application may be inspected at Secretary. tice and procedure (18 CFR 1.8 or 1.10). the office of the Board of Governors or [PR Doc.73-9686 Piled 5-15-73;8:45 am] All protests filed with the Commission at the Federal Reserve Bank of Rich­ will be considered by it in determining mond. Any person wishing to comment the appropriate action to be taken but on the application should submit his [Docket No. RP72-103] will not serve to make the protestants views in writing to the Secretary, Board UNION TEXAS PETROLEUM, ET AL. parties to the proceeding. Persons wish­ of Governors of the Federal Reserve Sys­ ing to participate as parties in any hear­ tem, W ashington, D.C. 20551, to be re­ Notice of Filing of Settlement Agreement ing therein must file petitions to inter­ ceived not later than May 21, 1973 . M ay 8,1973. vene in accordance with the Commis­ Board of Governors of the Federal In regards Union Texas Petroleum, sion’s rules. Reserve System, May 8,1973. complainant v. Stephens & Cass, El Paso K enneth F. P lumb, Natural Gas Co., respondents. Secretary. [ seal] Chester B. F eldberg, Take notice that on M arch 27, 1973, [PR Doc.73-9687 Filed 5-15-73:8:45 am] Assistant Secretary o f the Board. Union Texas Petroleum (Union Texas) [PR Doc.73-9696 Filed 5-15-73;8:45 am] filed a proposed settlement in docket No. FEDERAL RESERVE SYSTEM RP72-103, which was certified to the Commission on April 10,1973, and which COMMERCE BANCSHARES, INC. FIRST BANCSHARES OF FLORIDA was supported by respondents in this Acquisition of Bank Acquisition of Bank docket, Stephens Cass and El Paso Natu­ Commerce Bancshares, Inc., Kansas First Bancshares of Florida, Boca ral Gas Co. (El Paso). City, Mo., has applied for the Board’s Raton, Fla., has applied for the Board’s The settlement agreement proposes, approval under section 3(a)(3) of the inter alia, that in consideration of the approval under section 3(a) (3) of the Bank Holding Company Act (12 U.S.C. Bank Holding Company Act (12 U.S.C. release by Union Texas of the Dean- 1842(a) (3 )) to acquire at least 80 percent formation covered by gas purchase con­ 1842(a)(3)) to acquire 80 percent or more of the voting shares of Commerce o f the voting shares o f First Bank of tract dated April 28, 1953, between W est Boca Raton, Boca Raton, Fla., a Lloyd H. Smith, Inc., Charles E. Merrill, Bank of Independence, National As­ sociation, Independence, Mo., a proposed proposed new bank. The factors that are Michael Judd, Lloyd H. Smith, and considered in acting on the application Paraffine Oil Corp. and Union Texas, new bank. The factors that are consid­ successors to Texas Gas Products Corp., ered in acting on the application are set are set forth in section 3 (c) of the Act (12 in underlying lands: forth in section 3(c) of the act (12 U.S.C. U.S.C. 1842(c)). 1 8 4 2 (c)). The application may be inspected at Ey2 of sec. 43, and Wy2 of NWy4 and SE% The application may be inspected at the office of the Board of Governors or of Nwy4 of sec. 44, block 36, T. 5 S., the office of the Board of Governors or at the Federal Reserve Bank of Atlanta. T&PRR Co. surveys. at the Federal Reserve Bank of Kansas Ni/2 and SW% of sec. 7, and Ey2 of NE& of Any person wishing to comment on the City. Any person wishing to comment on sec. 12, block B, L&SVRR Co. survey, all application should submit his views in in Reagan County, Tex. the application should submit his views in writing to the Reserve Bank to be re­ writing to the Reserve Bank to be re­ Stephens and Cass acknowledge the ceived not later than May 28, 1973. ceived not later than May 28, 1973. validity of gas purchase contracts dated March 31, 1954, between Oil & Gas, Inc., Board of Governors of the Federal Re­ Board of Governors of the Federal Re­ et al., and Union Texas, successors to serve System, May 8, 1973. serve System, May 8, 1973. Texas Gas Products Corp., covering the [seal] C hester B. F eldberg, described lands being the Boyd and Boyd Assistant Secretary of the Board. “B” leases and Weddell lease, insofar and [PR Doc.73-9695 Piled 5-15-73;8:45 am] [FR Doc.73-9698 Piled 5-15-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 NOTICES 12833

FIRST INTERNATIONAL BANCSHARES, charges, savings account rates, and serv­ The banking needs of the residents of INC. ices offered, among banks located in the Dallas area appear to be adequately served at the present tíme by existing Order Denying Acquisition of Bank Dallas and Arlington. The similarity in competitive behavior among banks in facilities. Consummation of the proposed First International Bancshares, Inc., these two areas apparently reflects the transaction would have little impact on Dallas, Tex., a bank holding company substantial integration of the two areas the convenience and needs of banking within the meaning of the Bank Holding that has occurred and that appears customers in the area. Accordingly, con­ Company Act, has applied for the Board’s likely to accelerate with the recent es­ siderations relating to the convenience approval under section 3 (a) (3) of the act tablishment and effectiveness of the and needs o f the communities to be served (12 U.S.C. 1842(a) (3 )) to acquire all o f North Central Texas Council of Gov- do not outweigh the adverse competi­ the voting shares (less directors’ qualify­ erments and the extensive economic de­ tive effects of the proposal. It is the ing shares) of the successor by merger to velopment that has been and should Board’s judgment that consummation of Arlington Bank & Trust, Arlington, Tex. continue to be induced by the regional the proposed acquisition would not be in (Bank). The bank into which Bank is to airport to be completed near Arlington the public interest and that the applica­ be merged has no significance except as a in the near future. tion should be denied. means to facilitate the acquisition of the Bank and applicant’s Dallas subsidiary On the basis of the record, the applica­ voting shares of Bank. Accordingly, the bank are only 20 miles apart. Applicant’s tion is denied for the reasons summarized proposed acquisition o f shares o f the suc­ Dallas bank derives a significant number above. cessor organization is treated herein as of demand deposit and commercial and the proposed acquisition of the shares of By order of the Board of Governors,2 industrial and installment loan accounts effective May 8,1973. Bank. from Bank’s service area and, although Notice of the application, affording op­ Bank is the largest bank in its service [ seal] T ynan Sm ith , portunity for interested persons to sub­ area, applicant’s Dallas bank has an Secretary of the Board. mit comments and views, has been given amount of commercial and industrial in accordance with section 3(b) of the loans outstanding to accounts in Bank’s [PR Doc.73-9697 Piled 5-15-73;8:45 am] act. The time for filing comments and service area that is six times larger than views has expired, and the Board has the amount of commercial and indus­ HATHDEL INC. considered the application and all com ­ trial loans outstanding at Bank. The ments received in light of the factors Dallas banking market is highly con­ Formation of Bank Holding Company set forth in section 3(c) of the Act (12 centrated with 62 percent of total market Hathdel Inc., New Bedford, Mass., has U.S.C. 1842(c)). deposits being held by the three largest applied for the Board’s approval under Applicant controls two banks with banking organizations; approval of this section 3(a) (1) of the Bank Holding aggregate deposits of $1.7 billion, repre­ application would aggravate this already Company Act (12 U.S.C. 1842(a)(1)) to senting 5.6 percent of the total commer­ high level of concentration. Bank is one become a bank holding company through cial bank deposits in the State, and is of the largest independent banks in the acquisition of 97.7 percent of the voting the largest bank holding company in market. It is especially attractive as a shares of The Illinois National Bank & Texas. (AH banking data are as of June Trust Co. of Rockford, Rockford, 111. The 30,1972.) Applicant’s acquisition o f Bank potential affiliate of a bank holding com­ pany making its intial entry into the factors that are considered in acting on • ($65.5 million in deposits) would not the application are set forth in section represent a significant increase in appli­ area. The acquisition of Bank by a banking 3(c) of the act (12 U.S.C. 1842(c)). cant’s share o f total deposits in the State. The application may be inspected at Applicant presently controls through organization not presently represented in the Dallas banking market would have the office of the Board of Governors or at direct stock ownership one bank in the the Federal Reserve Bank of Chicago. Dallas banking market, approximated by a salutary effect on the existing high degree of deposit concentration present Any person wishing to comment on the the Dallas RMA,1 and holds 23.4 percent application should submit his views in of total market deposits, thereby ranking in this market. The Board concludes, therefore, that the competitive factors writing to the Secretary, Board of Gov­ as the second largest of the 106 banking ernors of the Federal Reserve System, organizations in that market. Bank, the relating to this application are adverse; that consummation of the proposed Washington, D.C. 20551, to be received largest of six banks in Arlington, also not later than June 4, 1973. competes in this banking market and transaction would (1) eliminate some ex­ controls 1 percent o f total market de­ isting competition between applicant’s Board of Governors of the Federal Re­ posits thereby ranking as the eighth lead bank and Bank; (2) eliminate a serve System, May 8,1973. largest of the 106 banking organizations banking alternative in this concentrated in the market. If this application were market; (3) increase deposit concentra­ [ seal] Chester B. Feldberg, approved, applicant would remain the tion among the largest organizations in Assistant Secretary of the Board. the Dallas market; and (4) remove Bank second largest banking organization in [FR Doc.73-9699 Filed 5-15-73;8:45 am] the market and would control 24.4 per­ as a potential means of entry by other cent of total deposits. organizations not presently represented in this market. Accordingly, competitive MARINE BANCORPORATION There is substantial commuting be­ considerations require denial of this ap­ tween Dallas and Arlington. Traffic pat­ plication unless the anticompetitive ef­ Proposed Acquisition of Globe Finance Co. terns suggest considerable integration of fects of the proposal are outweighed by of Opportunity, Jnc. the two areas, and banks in each area benefits to the public in meeting the Marine Bancorporation, Seattle, Wash., use advertising media that reaches the convenience and needs of the commu­ has applied, pursuant to section 4(c) (8) other. Further, large Dallas banks serve nities to be served. of the Bank Holding Company Act (12 a significant number of commercial and U.S.C. 1843(c)(8)) and 5 225.4(b)(2) of industrial loan accounts in Arlington, The financial condition and manage­ rial resources and future prospects of ap­ the Board’s regulation Y, for permission and there appear to be no significant to acquire indirectly 90 percent of the differences in banking hours, service plicant and its subsidiary banks appear generally satisfactory. The financial con­ outstanding small loan accounts, to­ dition and managerial resources of Bank gether with furniture and equipment of RMA refers to Ranally metro area which are considered to be generally satisfac­ Globe Finance Co. of Opportunity, Inc., is defined as the central city plus every tory, and prospects for its future growth Opportunity, Wash., through applicant’s community, 8 percent or more of the total and development are favorable; its de­ 100 percent owned subsidiary, Commerce population of which, or 15 percent or more posits have increased approximately 63 tv, laiK>r force of which, commutes to central city, based on the census of percent during the last 5 years. Thus, * Voting for this action: Chairman Burns population. No. community, 35 percent or banking factors are consistent with ap­ and Governors Daane, Brimmer, Sheehan, ir. « , ^ e lftbor force of which is engaged proval but provide no significant support and Bucher. Absent and not voting: Gover­ 111 agriculture, is included in an RMA. for such action. nor Mitchell.

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 12834 NOTICES

Credit Corp., Seattle, Wash. Notice of the Board of Governors of the Federal Re­ or paid: Provided that redelegation of application was published on February 3, serve System, May 9, 1973. such authority shall not extend to 1973, in the Spokesman Review, a daily amendments or m odifications which (i) newspaper circulated in the city of [ seal] Chester B. F eldberg, Assistant Secretary of the Board. increase the amount payable to the con­ Spokane, Wash. tractor by $25,000 or more; or (ii) re­ Applicant states that the proposed [FR Doc.73-9701 Filed 5-15-73;8:15 am] lieve the contractor of the liability to subsidiary would engage in the activity make refund or restitution of $25,000 or of making small seemed and unsecured more. UNITED VIRGINIA BANKSHARES, INC. loans not in excess of 25 Vfe months and (2) W ith respect to those contracts subject to the restrictions and limitations Acquisition of Bank and grants referred to in paragraph specified in the Small Loan Act of the United Virginia Bankshares, Inc., l.A .(l) above, to make findings and de­ State of Washington (ch. 31.08 revised terminations with respect to advance code of Washington), consisting pri­ Richmond, Va., has applied for the Board’s approval under section 3(a) (3) payments, including those financed by marily of consumer loans to individual Federal Reserve letters of credit, and to borrowers. Such activities have been of the Bank Holding Company Act (12 U.S.C. 1842(a) (3)) to acquire 100 percent approve the contract provisions relating specified by the Board in § 225.4(a) (1) to such advance payments. This author­ of regulation Y as permissible for bank of the voting shares of the successor by merger to Citizens Bank of South Boston, ity shall not be redelegated, except with holding companies, subject to Board ap­ respect to advance payments on non­ proval of individual proposals in accord­ South Boston, Va. The factors that áre considered in acting on the application profit contracts with nonprofit educa­ ance with the procedures of § 225.4 tional or research institutions, including (b )(2 ). are set forth in section 3(c) of the act (12 U.S.C. 1842(c)). international organizations. Interested persons may express their (3) So m uch o f the function contained views on the question whether consum­ The application may be inspected at the office of the Board of Governors or in section 608(a) of the Foreign Assist­ mation of the proposal can “reasonably ance Act o f 1961, as amended (the Act), be expected to produce benefits to the at the Federal Reserve Bank of Rich­ public, such as greater convenience, in­ mond. Any person wishing to comment as consists of acquiring, storing, reno­ creased competition, or gains in effi­ on the application should submit his vating, rehabilitating, packing, crating, ciency, that outweigh possible adverse views in writing to the Reserve Bank to handling, transporting, and other acts effects, such as undue concentration of be received not later than May 29, 1973. related thereto, of property classified as resources, decreased or unfair competi­ domestic or foreign excess property pur­ Board of Governors of the Federal Re­ suant to the Federal Property and Ad­ tion, conflicts of interests, or unsound serve System, May 8,1973. banking practices.” Any request for a ministrative Services Act of 1949, as hearing on this question should be ac­ [ seal] Chester B. F eldberg, amended, or other property, in advance companied by a statement summarizing Assistant Secretary of the Board. of known requirements. The exercise of this function is subject to such limita­ the evidence the person requesting the [FR Doc.73-9702 FUed 5-15-73;8:45 am] hearing proposes to submit or to elicit at tions as to the funds made available the hearing and a statement of the rea­ and as to the furnishing of such prop­ sons why this matter should not be re­ DEPARTMENT OF STATE erty as are contained in section 608(a) o f the Act. solved without a hearing. Agency for International Development The application may be inspected at (4) To sign agreements with any the offices of the Board of Governors or [Delegation of Authority 99] agency of the U.S. Government to under­ at the Federal Reserve Bank of San ASSISTANT ADMINISTRATOR FOR PRO­ take specific projects or programs fi­ Francisco. GRAM AND MANAGEMENT SERVICES, nanced in whole or in part by A.I.D. This Any views or requests for hearing E T AL. delegation does not include authority to should be submitted in writing and re­ Delegation of Authority Concerning Con­ execute general agreements. ceived by the Secretary, Board of Gov­ tracting and Related Functions B. To the Assistant Administrator for ernors of the Federal Reserve System, Africa, the Assistant Administrator for W ashington, D.C. 20551, not later than 1. Pursuant to the authority delegatedAsia, the Assistant Administrator for June 5, 1973. to me by delegation of authority No. 104 Latin America, and the Assistant Admin­ from the Secretary of State, dated Nor istrator for Supporting Assistance, for Board of Governors of the Federal Re­ vember 3, 1961 (26 FR 10608), as the countries or areas within their re­ serve System, May 9, 1973. amended, I hereby delegate the following sponsibility, the authority to sign or ap­ [ seal] Chester B. F eldberg, authority to the following Assistant Ad­ prove the following: Assistant Secretary of the Board. ministrators with power to redelegate to (1) Country contracts for capital [FR Doc.73-9700 Filed 5-15-73;8:45 am] such officers as they may designate: projects financed in' whole or in part by A. To the Assistant Administrator foran A.I.D. grant. Program and Management Services the (2) P roject implementation orders- UNITED ALABAMA BANCSHARES, INC. following authority: technical services (PIO/T) . Acquisition of Banks (1) To sign or approve the following: C. To the Assistant Administrator for a. U.S. Government contracts financed Program and Policy Coordination, the United Alabama Bancshares, Inc., in whole or part by A.I.D.; Coordinator of the Office of Food for Dothan, Ala., has applied for the Board’s b. Country contracts for technical as­ Peace, the Director of the Office of Labor approval under section 3(a) (3) of the sistance activities financed in whole or in Affairs, and the Director of the Office of Bank Holding Company Act (12 U.S.C. part by an A.I.D. grant; Public Safety, the authority to sign 1842(a) (3)) to acquire at least 80 per­ c. Grants (other than grants to for­ project implementation orders-technical cent of the voting shares of First West­ services (PIO/T) for activities for which ern Bank, Bessemer, Ala.; First National eign governments or agencies of foreign governments) for technical assistance said officers have program responsibility. Bank of Eufaula, Eufaula, Ala.; and The D. To each director of an A.I.D. mis­ activities; Bank of Huntsville, Huntsville, Ala. The sion (or in countries where there is no factors that are considered in acting on d. Project implementation orders-tech- A.I.D. mission, the Chief of the diplo­ the application are set forth in section nical services (PIO/T) for activities for matic mission and the Assistant Admin­ 3(c) of the act (12 U.S.C. 1842(c)). which said Assistant Administrator has The, application may be inspected at istrator for Population and Humani­ the office of the Board of Governors or at program responsibility; tarian Assistance or his designee) the the Federal Reserve Bank of Atlanta. e. Amendments or modifications, made authority to sign or approve the follow­ Any person wishing to comment on the without consideration pursuant to Ex­ ing for disaster relief purposes subject application should submit his views in ecutive Order 11223, to A.I.D.-financed to the limitations of A.I.D. Manual Order writing to the Reserve Bank, to be re­ contracts with nonprofit institutions un­ No. 1563.1: ceived not later than June 5, 1973. der which contracts no fee is charged (1) U.S. Government contracts;

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 NOTICES 12835

(2) Grants, and any country contracts tive (including an embassy designated to Only the authority to execute transfer financed by such grants. so act) in a foreign country in which or transfer/trust agreements and to 2. Definitions.—For the purposes of there is a program or activity adminis­ make the determinations prescribed in this delegation of authority No. 99 and tered by A.I.D. section 607 (b) of the Act may be redele­ any redelegation pursuant thereto the (2) No. 36, dated September 16, 1963 gated to subordinate officers. following definitions shall apply: (29 FR 5353), as amended, is amended This delegation of authority shall be A. “U.S. Government contract” means by deleting in paragraph 2(a) (ix) the effective immediately.” any procurement contract to which the words “to U.S. banking institutions, or to [End of delegation No. 41.] U.S. Government is a party, and any U.S. suppliers”. (6) No. 60, dated April 28, 1965, is subcontracts entered into thereunder. (3) No. 37, dated April 9, 1964 (29 FR amended by deleting paragraphs C and B. “Country contract” means any 5911), is amended as follows: D.3 of attachm ent A. A.I.D.-financed contract, other than a a. Paragraph c of attachment A (7) No. 86, dated September 19, 1969 U.S. Government contract. thereto is revoked effective September (34 FR 15385), is amended by inserting C. “Technical assistance activity” 30, 1973, unless earlier revoked by action the following immediately before the pe­ means any activity except capital proj­ of the Assistant Administrator for Pro­ riod at the end of paragraph 2: ", but ects, program assistance, and commodity gram and Management Services, or his shall not include the authority to sign imports under sector assistance. delegee, which action shall have the con­ grants” . D. “Capital project” shall have the currence of the Assistant Administrator (8) No. 95, dated April 18, 1972 (37 definition ascribed to it in section 1.4b. for Africa. FR 8402), is amended as follows: of A.I.D. Manual Order 1442.1. b. Paragraph D.3 of attachment A is a. Section 2 is amended by deleting E. “Program assistance” shall have revoked. the words “and grants”. the definition ascribed to it in Manual (4) No. 38, dated April 10, 1964 (29 b. Section 3 is amended to read as Order 1101.1. FR 5280), as amended, is amended by follows; “Delegation of authority No. 3. The following A.I.D. delegations of adding in paragraph 1 the words “having 40, dated April 17, 1964 (29 FR 5695), as authority, or parts o f delegations of a membership consisting primarily of amended, is amended by inserting among authority, are hereby revoked or such foreign governments” after the the names of Assistant Administrators in amended: words “international organizations.” that delegation the title of the following A. The following delegations of au­ (5) No. 41, dated May 8, 1964 (29 FR officer: ‘Assistant Administrator, Popula­ thority are revoked: 6892), as amended, is amended to read tion and Humanitarian Assistance’.” (1) No. 15, dated May 22, 1962 (27 as follows: “Pursuant to the authority (9) No. 96, dated July 17, 1972 (37 FR FR 5152), as amended. delegated to me by delegation of author­ 16207), is amended by deleting para­ (2) No. 17, dated June 14, 1962 (27 ity No. 104, from the Secretary o f State, graphs 1(2) and 1(3). PR 5914), as amended. dated November 3, 1961 (26 FR 10608), E. The following delegations of au­ (3) No. 19, dated February 24, 1962 as amended, I hereby delegate authority thority are hereby amended by deleting (27 FR 10374), as amended. as follows: subparagraphs Nos. (2) and (3) effective B. Delegation o f authority No. 32, 1. To the Assistant Administrator, September 30, 1973, unless earlier re­ dated August 31, 1963 (28 FR 10801), as Asia; Assistant Administrator, Latin voked by action of the Assistant Admin­ amended, is revoked as of September 30, America; Assistant .. Administrator, istrator for Program and Management 1973, unless earlier revoked by action of Africa; and the Assistant Administrator, Services, or his delegee, which action the Assistant Administrator for Program Supporting Assistance; each for the shall have the concurrence of the Assist­ and Management Services, or his delegee, countries within their responsibilities, ant Administrator having responsibility which action shall have the concurrence the following functions pursuant to sec­ for the country involved : of the Assistant Administrator for Sup­ tion 607(a) of the Foreign Assistance Act (1) Delegation of authority No. 25, porting Assistance. o f 1961, as amended (the A c t), with re­ dated March 2,1963 (28 FR 2365) ; C. Delegation of authority dated No­ spect to the furnishing of services and (2) Delegation of authority No. 42, vember 26, 1954 (19 FR 8049), as commodities to friendly countries or to dated June 2,1964 (29 FR 8122) ; amended, from the Director, Foreign international organizations having a (3) Delegation o f authority No. 51, Operations Administration, to Directors membership consisting primarily of for­ dated August 10,1964 (29 FR 11851) ; and Acting Directors of U.S. Operations eign governments: (4) Delegation of authority No. 53, Missions is revoked as o f September 30, A. Making those determinations pre­ dated October 20, 1964 (29 FR 14860) ; 1973. scribed by section 607(a) of the Act; (5) Delegation of authority No. 55, D. The following delegations of au­ B. Authorizing the furnishing of such dated November 18, 1964 (29 FR 15928) ; thority are hereby am ended: services and commodities on an advance (6) Delegation of authority No. 58, (1) No. 28, dated May 2, 1963 (28 FR of funds or reimbursement basis; and dated February 10, 1965 (30 FR 2159) ; 4726), is amended by amending the first C. Signing transfer or transfer/trust (7) Delegation of authority No. 59, paragraph to read as follow s: “ Pursuant agreements. dated February 10, 1965 (30 FR 2159) ; to the authority vested in me by delega­ 2. To the Assistant Administrator, (8) Delegation o f authority No. 63, tion of authority No. 104 from the Secre­ Program and Management Services: dated November 6, 1965 (30 FR 14567) ; tary of State, dated November 3,1961 (26 A. With respect to the furnishing of (9) Delegation of authority No. 65, PR 10608), as amended, I hereby delegate services and commodities to interna­ dated January 27, 1967 (32 FR 2711) ; to each Director o f an A.I.D. mission the tional organizations having a member­ (10) Delegation o f authority No. 77, following authority: ship consisting primarily of foreign gov­ dated M arch 5, 1968 (33 FR 4477) ; a. To make the determinations pre­ernments, the American Red Cross and (11) Delegation of authority No. 79, scribed under section 607(a) of the For- voluntary nonprofit agencies registered dated July 15, 1968 (33 FR 10407) ; m?1 -^sststance Act, 1961, as amended, with and approved by the Advisory Com­ (12) Delegation of authority No. 81, (the Act) to permit the furnishing of mittee on Voluntary Foreign Aid, the dated October 8, 1968 (33 FR 15672) ; foreign excess property and related serv­ following functions pursuant to section (13) Delegation of authority No. 82, ices. Such authority shall be exercised 607(a) of the Act: dated October 8, 1968 (33 FR 15672) ; ^yw ith respect to foreign excess prop­ (1) Making the determinations pre­ (14) Delegation o f authority No. 83, erty located in the country for which the scribed by section 607(a) of the Act; dated December 13,1968 (34 FR 87) ; Person making the determination has (2) Authorizing the furnishing of such (15) Delegation of authority No. 89, responsibility. services and commodities on an advance dated January 22, 1971 (36 FR 1488) ; b- To make the determinations pre­ of funds or reimbursement basis; and and (3) Signing transfer or transfer/trust scribed under section 607(b) o f the Act. (16) Delegation o f authority No. 90, agreements. dated February 10, 1971 (36 FR 3134). ‘‘Mission” means the A.I.D. mission or B. Making the determinations pre­ F. Delegation of authority dated Sep­ 6 Principal A.I.D. officer or representa­ scribed in section 607(b) of the Act. tember 28,1960 (25 FR 9927), is amended

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 12836 NOTICES by deleting paragraphs Nos. 4 and 5. the following authority, with power to Any redelegation to a Mission Director 3a. To the extent that this delegation redelegate to such officers and employees or other officer in charge of an overseas of authority 99 delegates authority to as he may designate: field activity, or to a subordinate of such an officer who was delegated the same 1. To sign or approve the following: officer, issued pursuant to this redele­ authority under delegation of authority a. U.S. Government contracts financed gation shall have the concurrence of the No. 17, redelegations o f such authority in whole or part by A.I.D.; Assistant Administrator (or his delegee) issued pursuant to delegation of author­ b. Country contracts for technical having responsibility for the country in ity No. 17 are hereby continued in effect assistance activities financed in whole or which said activity ds located. according to their terms until modified, in part by an A.I.D. grant; The authority herein redelegated to the revoked, or superseded by action of such c. Grants (other than grants to for­ designated officer may be exercised by officer. eign governments or agencies of foreign persons who are performing th e func­ b. To the extent that this delegation governments) for technical assistance tions of such officer in an “ Acting” of authority No. 99 delegates authority activities; capacity. to an officer who was not delegated the d. Project implementation orders- Any official actions taken prior to the same authority under delegation of au­ technical services (PIO/T) for activities effective date hereof by officers duly au­ thority No. 17, any redelegation of such for which the Assistant Administrator thorized pursuant to superseded delega­ authority to a mission issued pursuant for Program and Management Services tions are hereby continued in effect, ac­ to delegation of authority No. 17 is has program responsibility; cording to their terms until modified, re­ hereby continued in effect according to e. Amendments or modifications, made voked, or superseded by action of the of­ its terms until September 30, 1973, un­ without consideration pursuant to Exec­ ficer to whom I have redelegated relevant less earlier modified, revoked, or super­ utive Order 11223, to A.I.D .-financed authority in this redelegation. seded by action of the officer to whom I contracts with nonprofit institutions Actions within the scope of this redele­ have delegated relevant authority in this under which contracts no fee is charged gation heretofore taken by the officials delegation or by action of the officers or paid: Provided, That this redelegatiom designated herein are hereby ratified and to whom relevant authority is redele­ of authority does not extend to amend­ confirmed. gated pursuant to this delegation. Any ments or modifications which (i) increase The following redelegations of author­ such action shall have the concurrence the amount payable to the contractor by ity are hereby revoked: of the Assistant Administrator (or his $25,000 or more; or (ii) relieve the con­ 1. Redelegation of authority to the Of­ delegee) having responsibility for the tractor of the liability to make refund fices of International Training and Pub­ country in which said mission is located. or restitution of $25,000 or more. lic Safety, dated May 12, 1971 (36 FR Any future redelegation to a mission is­ 2. With respect to those contracts and 9145; A.I.D. Manual Order 131.9.2) relat­ sued pursuant to this delegation shall grants referred to in paragraph 1 above, ing to contracting functions. also have the concurrence of such As­ to make findings and determinations 2. Redelegation of authority to the Di­ sistant Administrator or his delegee. For with respect to advance payments, in­ rector and Deputy Director, Office of the purposes of this paragraph “mis­ cluding those financed by Federal Re­ Procurement, dated February 15, 1968 sion” means the A.I.D. mission or the serve letters of credit, and to approve (33 FR 3348; A.ID. Manual O rder 131.- principal A.I.D. office or representative the contract provisions relating to such 9.4) relating to A.ID. agreements with (including an embassy designated to so advance payments. This authority is lim­ other Federal agencies. act) in a foreign country in which there ited to advance payments on nonprofit 3. Redelegation o f authority to the Di­ is a program or activity administered by contracts with nonprofit educational or rector, Office of Procurement e t al., dated A.I.D. research institutions, including interna­ September 30, 1970 (35 FR 15944; A.I.D. 4. Any official actions taken prior to tional organizations. Manual Order 131.9.5), relating to con­ the effective date hereof by officers duly 3. So much of the function contained tracting functions. authorized pursuant to delegations re­ in section 608(a) of the Foreign Assist­ This redelegation of authority shall be voked hereunder are hereby continued in ance Act o f 1961, as amended (the A ct), effective immediately. as consists of acquiring, storing, renovat­ effect, according to their terms until Dated May 1 ,1973. modified, revoked, or superseded by ac­ ing, rehabilitating, packing, crating, tion of the officer to whom I have handling, transporting, and other acts James F. Campbell, delegated relevant authority in this related thereto, of property classified as Assistant Administrator for delegation. domestic or foreign excess property pur­ Program and Management Services. 5. Actions within the scope of this suant to the Federal Property and Ad­ [FR Doc.73-9689 Filed 5-15-73:8:45 am] delegation and any redelegations here­ ministrative Services A ct of 1949, as under heretofore taken by the officials amended, or other property, in advance designated in such delegation or re-j of known requirements. The exercise of [No. 99.1.1] delegations are hereby ratified and this function is subject to such limita­ tions as to the funds made available and CHIEF, REGIONAL OPERATIONS confirmed. DIVISION, ET AL. 6. This delegation of authority shall as to the furnishing of such property as be effective immediately. are contained in section 608(a) of the Redelegation of Authority Regarding the Act. Contracting Function Dated April 27, 1973. 4. To sign agreements with any agency Pursuant to the authority delegated J ohn A. Hannah, of the U.S. Government to undertake to me by redelegation of authority No. Administrator. specific projects or programs financed in 99.1, dated May 1, 1973, from the As­ [FR Doc.73-9688 Filed 5-15-73;8:45 am] whole or in part by A.I.D. This delega­ sistant Administrator for Program and tion does not include authority to execute Management Services, I hereby redele- general agreements. grEtt/G • [No. 99.1] 5. To modify, revoke, or supersede A. To the Chief, Regional Operations DIRECTOR, OFFICE OF CONTRACT those redelegations which were issued Division; Chief, Africa Branch; Chiei MANAGEMENT prior to the issuance of delegation of au­ Latin America Branch; Chief, A®» thority No. 99 dated April 27, 1973, and Branch; Chief, Supporting Assistance Redelegation of Authority Concerning which were referred to in paragraph 3.b Contracting and Related Functions Branch; Chief, Central Operations Di­ of said delegation of authority. Any such vision; Chief, PHA Branch; Chief, TAO Pursuant to the authority delegated action shall have the concurrence of the Branch; Chief, Other Programs Brancn, to me by delegation of authority No. 99 Assistant Administrator (or his delegee) Chief, Support Division; Chief, Suppo from the Administrator of the Agency having responsibility for the country in Services Branch; and Chief, Overhea for International Development dated which said activity is located. April 27,1973,1 hereby redelegate to the 6. To make the determinations pre­ and Special Costs Branch, authority Director, Office of Contract Management scribed under section 607 (b) of the Act. sign or approve:

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 NOTICES 12837

(1) U.S. Government contracts fi­ financed by Federal Reserve letters of designated herein are hereby ratified nanced in whole or in part by A.I.D.; credit and to approve the contract pro­ and confirmed. (2) Country contracts for technical visions relating to such advance pay­ This redelegation of authority is effec­ assistance activities financed in whole or ments. This authority is limited to ad­ tive immediately. in part by an A.I.D. grant; vance payments on nonprofit contracts Dated May 2,1973. (3) Grants (other than grants to for­ with nonprofit educational or research institutions, including international or­ J ohn F. O w ens, eign government or agencies of foreign D irector, governments) for technical assistance ganizations. Office of Contract Management. activities; B. (1) To incumbents of the positions (4) Project implementation orders- in the Office of International Training [FR Doc.73-9691 Filed 5-15-73;8:45 am] technical services (PIO/T) for activities (SER/IT) and the Office of Public for which the Assistant Administrator for Safety (OPS) designated on the table [No. 99.1.3] Program and Management Services has below, and within the limits stated for program responsibility; CHIEF, EXCESS PROPERTY DIVISION, each position in the table, authority to ET AL. (5) With respect to those contracts sign or. approve the documents specified and grants referred to above, to make Redelegation'of Authority Regarding findings and determinations with respect therein for purposes related to the par­ Excess Property to advance payments, including those ticipant training program. A. Pursuant to the authority delegated Officers Authorized to Obtain Goods and Services Relative to the Participant Training Program to me by redelegation of authority No. 99.1, dated May 1, 1973, from the Assist­ Director, and his Deputy; Assist­ ant Administrator for Program and ant Director for Program and Management Services, I hereby redele­ Assistant Director for Program Support, and their Deputies, gate to certain officers the following au­ SER/IT thority: . . Director, and his Deputy; Chief, Chief, Participant Chiefs, Program 1. To the Chief, Excess Property Divi­ Training Division and his Support Branch, Division Training Development Training Specialists, Deputy, OPS IT/PSD/PS Branches, IT/PD IT/PD sion, and to the Chiefs, A.I.D. field offices of the Excess Property Division: So much « 0 000 Nil . ‘.$6,000...... Nil. Task orders against basic ordering of the function contained in section 608 ’ ...... agreement with universities or other (a) o f the Foreign Assistance Act o f 1961, educational institutions (including firms and organizations engaged in as amended (the Act), as consists of training) for participant training acquiring, storing, renovating, rehabili­ $50,000 . . Nil...... $6,000...... Nil. Contracts with universities or tating, packing, crating, handling, trans­ educational institutions (including porting, and other acts related thereto of firms and organizations engaged in property classified as domestic or foreign training) for participant training costs based on published catalog excess property pursuant to the Federal tuition prices or other published Property and Administrative Services mediums by which the institutions announce terms and conditions for Act o f 1949, as amended, or other prop­ enrollment. erty, in advance of known requirements. $7,600...... $7,600...... Nil______—— Nil. Interpreting (including translat­ ing) services contracts and field pro­ The exercise of this function is subject gram manager contracts. to such limitations as to the funds made $2,600...... $2,600...... $1,000...... $1,000. Purchase orders to effect pur­ available and as to the furnishing of such chases related to the participant training program in accordance with property as are contained in section 608 procedures set forth in Federal Pro- (a) of the Act. curement Regulations Subpart 1-3.6.1 2. With respect to the rehabilitation by a contractor listed in the General 1 This authority may also be executed by Field Program Managers, SER/IT. Services Administration regional term (2) Nothing herein shall be construed [No. 99.1.2] contract price schedules of property ac­ quired by the Agency for International to derogate from the authority of th< CHIEF, PARTICIPATING AGENCY STAFF Chief, Central Operations Division, anc Development pursuant to section 608(a) the contracting officers of the Division Redelegation of Authority of the Act: Office of Contract Management in theii Pursuant to the authority redelegated a. To the Chief, Excess Property Divi­ discretion, at any time to exercise any ol to me by redelegation of authority No. sion: To execute purchase orders for the functions herein delegated. 99.1, dated May 1, 1973, from the As­ services and supplies for rehabilitation The authority herein redelegated to th< sistant Administrator for Program and and spare parts support required in rela­ officers named above may not be furthei Management Services, I hereby redele­ tion to an item being rehabilitated. redelegated by such officers, but may b< gate to the Chief, Participating Agency b. To the Chiefs, A.I.D. field offices of exercised by duly authorized persons whc Staff, authority: the Excess Property Division: To inspect are performing the functions of suet 1. To sign and approve project imple­ and accept each item completed by the officers in an “ Acting” capacity. mentation orders-technical services contractor. The authorities redelegated herein ar< (PIO/T) for activities for which the As­ c. To the Chief, Logistics Service to be exercised in accordance witt sistant Administrator for Program and B ranch: regulations, procedures, and policies nov Management Services has program (1) To execute purchase orders for or hereafter established or modified anc responsibility. services and supplies for rehabilitation promulgated within the Agency for Inter­ 2. To sign agreements with' any and spare parts support required in rela­ national Development. agency of the U.S. Government to under­ tion to an item being rehabilitated. Actions within the scope o f this re- take specific projects or programs (2) To approve the contractor’s in­ delegation heretofore taken by the offi­ financed in whole or in part by A.I.D. voices for direct payment to the con­ cials designated herein are hereby rati­ This redelegation of authority does not tractor. fied and confirmed. include authority to execute general 3. To the Chief, Excess Property Divi­ This redelegation of authority shall tx agreements. sion, and to the Chiefs, A.I.D. field offices effective immediately. 3. The authority redelegated herein of the Excess Property Division: To make the determinations prescribed Dated May 2,1973. may not be further redelegated, but may be exercised by duly authorized persons under section 607(b) of the Act. John F. O wens, who are performing the functions of such B. The authorities herein redelegated D irector, officers in an “Acting” capacity. to the officers named above may not be Office of Contract Management. Actions within the scope of this re­ redelegated further by those officers, but IFR Doc.73-9690 Filed 5-15-73;8:45 am] delegation heretofore taken by the official may be exercised by persons authorized

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 12838 NOTICES by them to perform the functions of their Office of the Secretary Opportunity is hereby afforded all in­ office in an “Acting” capacity. [INT FES 73-22] terested persons to submit written data, C. The authorities herein redelegated PROPOSED WILDERNESS CLASSIFICA­ views, or arguments with respect to this are to be exercised in accordance with TION FOR BADLANDS NATIONAL MON­ matter to the Hearing Clerk, U.S. De­ the Federal Property Management regu­ UMENT, SOUTH DAKOTA partment of Agriculture, Washington, lations promulgated by the General Serv­ D.C. 20250. All written submissions shall ices Administration and with the policies, Notice of Availability of Final be in duplicate and shall be mailed to the regulations, and procedures promulgated Environmental Statement hearing clerk not later than June 15, within the Agency for International Pursuant to section 102(2) (C) of the 1973. All submissions made pursuant to Development. National Environmental Policy Act, the this notice will be made available for D. Actions within the scope of this- Department of the Interior has prepared public inspection at the office of the hear­ redelegation heretofore taken by the of­ a final environmental statement for pro­ ing clerk during regular business hours ficials designated herein are hereby rati­ posed wilderness classification for Bad­ (7 CFR 1.27(b)). Consideration will be fied and confirmed. lands National Monument, S. Dak. given to the written data, views, or argu­ E. This redelegation of authority shall The final environmental statement ments so filed with the hearing clerk and be effective immediately. considers the designation of 58,924 acres to other information available to the U.S. Dated May 2,1973. of Badlands National Monument as 'wil­ Department of Agriculture before final derness. determination is made with respect to J qjin F. O w ens, Copies are available from or for in­ this matter. D irector, spection at the following locations: Office of Contract Management. Done in Washington, D.C., on May 11, Midwest Regional .Office 1973. [FR Doc.73-9692 Filed. 5-15-73;8:45 am] National Park Service E. L. Peterson, 1709 Jackson Administrator. Omaha, Nebr. 68102 DEPARTMENT OF THE INTERIOR Badlands National Monument [FR Doc.73-9739 Filed 5-15-73;8:45 am] Bureau of Land Management P.O. Box 72 Interior, S. Dak. 57750 [S 4847, Projects Nos. 1354 and 507] Forest Service Dated M ay 8,1973. CALIFORNIA SAN JUAN NATIONAL FOREST MULTIPLE L aurence E. Lyn n , Jr., USE ADVISORY COMMITTEE Order Providing for Opening of Lands Assistant Secretary of the Interior. Notice of Meeting M ay 8,1973. [FR Doc. 73-9631 Filed 5-15-73;8:45 am] The San Juan National Forest Multiple Pursuant to the vacating order of the Use Advisory Committee will meet at 9 Federal Power Commission (38 Stat. DEPARTMENT OF AGRICULTURE a.m. at the REA Conference Room, on 6847, M arch 13, 1973), and by virtue of Agricultural Marketing Service Highway 160/550 south of Durango, the authority contained in section 24 of Colo., Friday, June 8,1973. the A ct o f June 10, 1920 (41 Stat. 1075; GRAIN STANDARDS The purpose o f this meeting is to: 16 U.S.C. 818), as amended, and in ac­ Nebraska Grain Inspection Points 1. Review the process we are using to get cordance with the authority redelegated Statement of considerations.—The public involvement in decisionmaking. to me by the Chief, Division of Technical Grand Island Chamber of Commerce 2. Discuss forest management priorities Services, California State Office, Bureau Grain Inspection Bureau, Grand Island, for the coming year. of Land Management, approved by the Nebr., has proposed that effective July 1, 3. Discuss the unit planning process being California State Director effective Janu­ used on the forest and the environmental 1973, its designation under section 3(m ) impact statements now being prepared for ary 12, 1972 (37 FR 491), it is ordered as of the U.S. Grain Standards Act (sec. 3, follow s: several roadless areas. 39 Stat. 482, as amended, 82 Stat. 762; 7 4. Review social-economic situation in San 1. The following described land with­ U.S.C. 75(m )) to operate an official grain Juan Basin as it relates to management ac­ drawn for project No. 1354 and project inspection agency at Grand Island and tivities on this national forest. No. 507 is hereby open to such disposi­ Hastings, Nebr., be transferred. The meeting will be open to the public. tion as may be made of National Forest The Hastings Grain Inspection Inc., lands: Persons who wish to attend should notify Hastings, Nebr., has applied for designa­ the Forest Supervisor, San Juan National That part of the N%SE]4. sec. 9, T. 7 S., R. tion (in accordance with § 26.97 of the 22 E., M.D.M., lying within the boundary of Forest, Durango, Colo. 81301, phone 247- regulations (7 CFR 26.97) under the 4874. Written statements may be filed project No. 1354 as shown on map exhibit K, U.S. Grain Standards Act) to operate an sheet 7A (FPC No. 1354-63) filed in the office with the Committee before or after the of the Federal Power Commission on June official grain inspection agency at Grand meeting. 21, 1937, and Island and Hastings, Nebr. This applica­ The Committee will establish rules for All portions of the SE>4, sec. 9, T. 7 S., R. tion does not preclude other interested public participation. At this meeting, the 22 E., M.D.M., lying within project No. 507 agencies and persons from making public will be given the opportunity to shown on a map designated “EW, Water similar applications. make oral statements at specified times Power, Williams, C.E. 3-20-24,” and filed in Other interested persons are hereby in the afternoon. the office of the Federal Power Commission given opportunity to make application for on June 3,1924. P aul F. Senteney, designation to operate an official inspec­ Acting Forest Supervisor. The areas described aggregate approxi­ tion agency at Grand Island and Hast­ mately 21.20 acres in Madera County, ings, Nebr., according to the requirements M ay 8,1973. Calif. in § 26.97 of the regulations (7 CFR [FR Doc.73-9625 Filed 5-15-73:8:45 am] 2. At 10 a.m. on June 22,1973, the land 26.97) under the U.S. Grain Standards shall be open to such forms of disposi­ Act. DEPARTMENT OF COMMERCE tion as may by law be made of the Na­ Note.—Section 7(f) of the Act (7 U.S.G. tional Forest lands. 79 (f)) generally provides that not more than National Oceanic arid Atmospheric Inquiries concerning the land should one inspection agency shall be operative at Administration any one time for any one city, town, or other ECONOMIC HARDSHIP EXEMPTION be addressed to the Bureau of Land Man­ area. agement, room E-2841, Federal Office Notice of Applications Building, 2800 Cottage Way, Sacramento, Members of the grain industry who Calif. 95825. wish to submit views and comments are Notice is hereby given that the follow­ requested to include the name of the per­ ing applicants have filed applications o W alter F. H olmes, son or agency, if any, which they recom­ economic hardship exemptions pursu Chief, Branch of Lands mend to be designated to operate an and Minerals Operations. official inspection agency at Grand Island to section 101 (c) of the Marine Ma ■ [FR Doc.73-9630 Filed 5-15-73;8:45 am] and Hastings, Nebr. Protection A ct of 1972 (16 U.S.C.

FEDERAL REGISTER, VOL. 38, N O . 94— WEDNESDAY, M AY 16, 1973 NOTICES 12839 et seq.), and § 216.13 of the interim regu­ ton, D.C., and Carowinds Park, Charlotte, nia during the period between May and lations governing the taking and import­ N.C. October 21, 1973, all animals to be taken ing of marine mammals (37 PR 28177). The applicant states: for the purposes of scientific research. 1. Bemd G. Wuersig, Division of Bio­ (1) The dolphins would be captured The applicants state: logical Sciences, State University of New from various parts of the Gulf of Mex­ (1) The taking of the animals would York at Stony Brook, Stony Brook, N.Y. ico, and the population of these animals be part of a scientific effort to understand 11790, telephone 516-246-5000, to cap­ is plentiful; the danger of environmental contamin­ ture by net and affix radio transmitting (2) The animals would be taken by ants to these species and compare their devices to as many as three dusky dol­ persons competent in the humane cap­ abilities and gross exposures to their phins (Lagenorhynchus obscuras) and to ture of dolphins, as soon as possible geographic location, their trophic level affix visual tags to as many as 12 dusky after the granting of a letter of (what they feed on), and their similar dolphins within one-half mile of the exem ption; evolution; shore of G olfo San Jose, Chubut, Argen­ (3) After capture the animals would (2) The 6 sea lions would be sub­ tina, between June and October 21, 1973. be transported to Lincoln County, N.C., adults over the age of four years, from The applicant states: by Quinlan Attractions personnel and a population thought to be over 50,000; (1) The tagging study will be under­ equipment, where they would be quaran­ (3) The seals would be subadults both taken to fulfill the requirements o f his tined for 30 days and examined by vet­ males and females, but not pups, year­ Ph. D. degree at the State University of erinary personnel from the Bowman lings, or pregnant females, from a popu­ New York at Stony Brook, and will be Gray Medical Center in Winston Salem, lation estimated at 300,000; under the direction of Dr. Charles W al­ N.C.; (4) Two of the six sea lions would cott, chairman, Department of Cellular (4) After this period of quarantine and be captured by nets at Ano Nuevo Island, and Comparative Biology, State Univer­ examination the animals would be Calif., during early September, trans­ sity of New York at Stony Brook, and Dr. trained by competent trainers at the ported in suitable cages by boat to shore, Roger Payne, the New York Zoological Quinlan Marine Attractions’ training taken by truck to the Biological Sonar Society, The Bronx, N.Y., both o f whom center; Laboratory, Fremont, Calif., kept for 3 will be in Argentina in the fall of 1973; (5) After training, two of the ani­ weeks under the supervision and care of (2) The animals will be captured by mals would be transported to the His­ a licensed veterinarian experienced with hoop net from a rubber boat within one- toric Wax Museum in Washington, D.C., marine mammals, and afterwards killed; half mile of shore and held for approxi­ and four of the animals would be trans­ (5) The remaining four sea lions would mately 1 minute while the tags are ported to Carowinds Park, Charlotte, be killed by high powered rifle August affixed; N.C., where they would be displayed for through October at Cape Arago, south (3) The radio tags will be fastened profit by the owners of these display of Coos Bay, Oreg.; by a single y*-inch teflon-coated cor­ facilities; (6) The 10 seals would be killed by rosible bolt fastened through the fore­ (6) At all times the animals would be high powered rifle between June and part of the dorsal fin, while the visual owned by the applicant and cared for October, 2 at each of the following 5 loca­ tags will be fastened through the rear and exhibited by agents of the applicant tions in waters off Oregon: The Colum­ of the fin; accompanying the animals; bia River estuary, Tillamook Bay, Win­ (4) That, as a graduate student work­ (7) He has been training, caring for, chester Bay (Umpqua River), lower Coos ing on a definite set and approved Ph. D. and observing dolphins for 10 years, and Bay, and Cape Arago; schedule, he has been allowed leave for has developed and helped develop the (7) If the exemption is not granted, the field research for the academic year very best practices for looking after and applicants, their colleagues, and the 1973-74, by which time he must attempt caring for dolphins and is presently en­ University of Oregon would suffer undue to complete his proposed work; gaged in medical research for the health economic hardship, the total aggregate of (5) That his faculty advisers will be of dolphins and related animals with the all such direct and indirect losses being in Argentina during thè fall o f 1973 to consultation of Dr. Sam Ridgeway, head approximately $91,000, in that ongoing supervise the research, and the research of the Navy Bio-Science Laboratory, U.S. research funded from several sources cannot be conducted after then since the Navy, California; would be suspended; several researchers laboratory from which the research will (8) The animals would be used for would be unemployed; and two graduate be conducted will be dismantled after educational and entertainment purposes, students and one postdoctoral research January 1974, and according to regula­ a recorded message would be broadcast fellow would face suspension of their re­ tions of the State University o f New before each performance to educate the search projects for at least 1 year, thus York at Stony Brook, field research can audience on dolphins and related ani­ losing at least 1 year of gainful employ­ be undertaken only under the supervi­ mals, and the animals would be viewed ment in the fields toward which they had sion of a qualified professor; by approximately 1,600,000 persons in studied; (6) If the exemption is not granted Charlotte, N.C., and approximately 700,- (8) The understanding of the mech­ he will have to change his research pro­ 000 persons in W ashington, D.C.; anism used by the species under study to gram and incur additional time in school (9) Failure to obtain an economic reduce the toxic effects of environmental and will lose time from gainful employ­ hardship exemption would subject him contaminants may prove beneficial to ment, and will suffer undue econom ic to serious contractual liability and con­ man and other terrestrial animals; hardship in that 4;he aggregate total of sequential damages, thus posing undue Documents submitted in connection monetary loss will be approximately economic hardship; and his inability to with these applications are available for 919,400; obtain the exemption would seriously in­ inspection in the office of the Director, (7) if the proposed project is no terrupt other programs or research and National Marine Fisheries Service. Any carried out, which is important in gain development which he hopes to engage documents deemed confidential will not fgf^now^ ge migrational habit in in connection with the Bowman Gray be available. ox the smaller odontocetes, it probabl Medical Center and the U.S. Navy, the All factual statements and opinions g ^ ev e? be carried out due to the pro total monetary value of such economic contained in this notice with respect to posed dismantling o f the New Yor hardship being approximately $100,000. oological Society's laboratory, whib 3. Drs. Donald R. Buhler and Bruce R. these applications are those supplied by ■ erected there for that purpose. Mate, and others, Environmental Health the applicants and do not necessarily no ‘ ,r; Ralph Quinlan, doing busines Sciences Center, Oregon State Univer­ reflect the findings or opinions of the Na­ as Quinlan Marine Attractions, Route : sity, Corvallis, Oreg. 97331, to take by tional Marine Fisheries Service. Lmcointon, N.C. 28092, to capture a shooting 4 California sea lions (Zalophus Dated May 11, 1973. S1i Atlantic bottle-nose dolphin califomianus) and 10 harbor seals stops truncatus) from various part (.Phoca vitulina richardi), and to cap­ R obert W. S choning, ° Gulf of Mexico between Jun ture by net, hold for 3 weeks and after­ Acting Director, National - O c t o b e r 21, 1973, for public displa wards kill 2 California sea lions, off the Marine Fisheries Service. he Historic Wax Museum, Washing coasts of Oregon and northern Califor­ [FR Doc.73-9640 Filed 5-15-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 No. 94— Pt. I ___7 12840 NOTICES

ECONOMIC HARDSHIP EXEMPTION FOR DEPARTMENT OF HEALTH, EDUCA­ 1. NDA 10-127; Raudonna Tablets MARINE MAMMALS TION, AND WELFARE containing reserpine, hyoscyamine sul­ Notice of Public Hearing Regarding fate, atropine sulfate, and scopolamine Application Food and Drug Administration hydrobromide; Mallinckrodt Pharma­ [DESI 9542; Docket No. FDC-D-535; NDA ceuticals, Division M allinckrodt Chemi­ Notice is hereby given pursuant to the 9-542, etc.] cal Works, Second and Mallinckrodt provisions of the Marine Mammal Pro­ Streets, St. Louis, Mo. 63160. tection Act o f 1972 (16 U.S.C. 1361 et CERTAIN COMBINATION DRUGS CON­ TAINING RAUWOLFIA ALKALOIDS 2. NDA 11V139; S olfo-Serpine Tablets seq.), and the Department of Commerce and Capsules containing reserpine, interim regulations (37 PR 28177) issued Notice of Withdrawal of Approval of New phénobarbital, and colloidal sulfur; Wm. in connection therewith, that a hearing Drug Applications P. Poythress & Co., Inc., 16 North Street, will be held for the applicant described On January 11, 1973, there was pub­ Richm ond, Va. 23217. below on May 25, 1973, beginning at 10 3. NDA 9-542; Sandril with Pyronil a.m. local time in the Customs Building, lished in the Federal R egister (38 FR 1295) a notice of opportunity for hear­ Tablets, containing reserpine and pyrro- room 2032, 300 South Ferry Street, Ter­ butamine phosphate; Eli Lilly & Co., P.O. minal Island, Calif. 90731, to consider an ing (DESI 9542) in which the Commis­ sioner of Food and Drugs proposed to Box 618, Indianapolis, Ind. 46206. application for an undue economic hard­ All ideptical, related, or similar prod­ ship exemption for Japanese Village, 6122 issue an order under section 505(e) of the Federal Food, Drug, and Cosmetic ucts, not the subject of an approved new K nott Avenue, Buena Park, Calif. 90621, drug application, are covered by the new telephone 714-522-8353, to take eight Act (21 U.S.C. 355(e)) withdrawing ap­ Atlantic bottlenose dolphins (.Turslops proval of the new drug applications for drug applications reviewed and are sub­ truncatus) for public display. A notice the subject drugs. The basis of the pro­ ject to this notice. See 21 CFR 130.40 (37 of receipt of this application was pub­ posed withdrawal of approval was the FR 23185, Oct. 31,1972). Any person who lack of substantial evidence that these wishes to determine whether a specific lished in the F ederal R egister on April 23,1973 (38 FR 10030), accompanied by a fixed combination drugs will have the product is covered by this notice should detailed summary of the application. effects that they purport or are repre­ write to the Food and Drug Administra­ Individuals and organizations may ex­ sented to have under the conditions of tion, Bureau of Drugs, Office of Compli­ press their views by appearing at this use prescribed, recommended, or sug­ ance (B D -300), 5600 Fishers Lane, Rock­ hearing or may submit written comments gested in the labeling and that each ville, Md. 20852. for inclusion in the official record to the component of such drugs contributes to The Commissioner of Food and Drugs, Regional Director, Southwest Region, the total effects claimed. pursuant to'the provisions of the Federal National Marine Fisheries Service, 300 A notice was published in the F ederal Food, Drug, and Cosmetic Act (sec. 505, South Ferry Street, Terminal Island, R egister o f February 8, 1972 (37 FR 52 Stat. 1053, as amended; 21 U.S.C. 355), Calif. 90731, telephone 312-891-9575. 2851), withdrawing approval of NDA and the Administrative Procedure Act Written comments will be accepted for 10-407 for Renir Tablets containing (5 U.S.C. 554), and under authority dele­ the official record provided they are post­ reserpine and ephedrine sulfate; for­ gated to him (21 CFR 2.120), finds that marked or received by midnight on June merly marketed for Beecham-Massengill on the basis o f new inform ation before 13, 1973. Pharmaceuticals, Division Beecham, Inc., him with respect to the drugs, evaluated 527 Fifth Street, Bristol, Tenn. 37620. together with the evidence available to Dated May 11,1973. Approval was withdrawn on the grounds him when the applications were ap­ R obert W . S choning, that reports required under section proved, there is a lack o f substantial Acting Director, National Marine 505(j) of the act (21 U.S.C. 355(j)) and evidence that the drugs will have the Fisheries Service. ' §§ 130.13 and 130.35 (e) and (f) o f the effects they purport or are represented to new drug regulations (21 CFR 130.13 and [FR Doc. 73-9639 Filed 5-15-73;8:45 am] have under the conditions of use pre­ 130.35) had not been submitted. At that scribed, recommended, or suggested in time no final effectiveness classification the labeling thereof. NATIONAL VERTICAL CONTROL NET of the drug had yet been made. The Therefore, pursuant to the foregoing conclusions described herein are appli­ findings, approval of the above new drug Proposed Action cable to that drug product. applications and all amendments and M ay 7, 1973. USV Pharmaceutical Corp., 1 Scars- supplements applying thereto is with­ Elevations of marked points (bench­ dale Road, Tuckahoe, N.Y. 10707, has drawn effective on May 16, 1973. Ship­ marks) in the National Vertical Control waived its opportunity for hearing con­ ment in interstate comrfierce of the Net are based on the “Sea Level Datum cerning the following drugs, stating that above-listed drug products or of any of 1929.” Since this datum was derived the drugs are no longer marketed (Nysco identical, related, or similar product, not from the overall average sea level of 26 Laboratories, Inc. was the former holder the subject of an approved new drug tide stations, the official elevation at any of the NDA’s ): application, is henceforth unlawful. 1. NDA 10-934; Reserpine with Pyril- particular one of these tide stations does Dated May 9,1973. not necessarily reflect the actual local amine Maleate Tablets and Nyscaps. 2. NDA 10-254; Belserp Tablets con­ Sam D. Fine, “mean sea level.” In order to avoid such Associate Commissioner apparent confusion and the costly errors taining reserpine, hyoscyamine sulfate, for Compliance. that may result through failure to con­ atropine sulfate, and scopolamine sider local sea level when engineering hydrobromide. [FR Doc,73-9750 Filed 5-15-73;8:45 am] projects are undertaken, it is proposed 3. NDA 11-291; Pedresin Tablets con­ to change the present name of the verti­ taining rescinnamine, thiamine mononi­ OVER-THE-COUNTER CONTRACEPTIVES cal control datum from the “Sea Level trate, and cobalamin concentrate. AND OTHER VAGINAL DRUG PRODUCTS Datum of 1929” to the “National Geodetic 4. NDA 10-164; Aminoserp Tablets Vertical Datum of 1929.” containing aminophylline and reserpine. Safety and Efficacy Review; Request for Data and Information This change is proposed to be effective None of the holders of the following on or before July 2, 1973. Comments on new drug applications or any other in­ The FDA is undertaking a review of all this proposed action may be directed to terested person has filed a written ap­ over-the-counter (OTC) drug products the Director, National Ocean Survey, pearance of election as provided by said for human use currently marketed in the NOAA, Rockville, Md. 20852. United States, to determine that these notice. The failure to file such an ap­ OTC products are safe and effective for R obert M. W hite, pearance constitutes an election by such their labeled indications. This review Administrator. persons not to avail themselves of the will utilize expert panels working with [FR Doc.73-9694 Filed 5-15-73;8:45 am] opportunity for a hearing: FDA personnel.

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 NOTICES 12841

A notice outlining procedures for this parties are encouraged to submit at this V. Efficacy data. review was published in the F ederal time all available safety data for these A. Individual active components. 1. Controlled studies. Register o f May 11, 1972 (37 FR 9464). ingredients, so that the conclusions 2. Partially controlled or uncontrolled To facilitate this review and a deter­ reached will reflect the best information studies. mination as to whether an OTC drug for available. 3. Documented case reports. human use is generally recognized as This panel is not charged with review­ 4. Pertinent marketing experiences that safe and effective and not misbranded ing the safety or effectiveness of the use may influence a determination on the efficacy under its recommended conditions of use, of these ingredients in nondrug prod­ of each individual active component. and to provide all interested persons an ucts such as cosmetics (e.g., feminine 5. Pertinent medical and scientific litera­ opportunity to present for. the considera­ vaginal sprays for which no drug claims ture. B. Combinations of the individual active tion of the reviewing experts the best are made). However, the conclusions of components. data and inform ation available to sup­ the panel with respect to these ingredi­ 1. Controlled studies. port the stated claims for all dosage ents for drug use may be utilized by the 2. Partially controlled or uncontrolled forms of contraceptives and vaginal drug Food and Drug Administration in deter­ studies. products such as creams, douches, foams, mining whether their use in cosmetics 3. Documented case reports. inserts, insufflators, jellies, powders, sup­ can continue to be justified. Thus, al­ 4. Pertinent marketing experiences that positories, and tablets, the administra­ though the report and monograph pre­ may influence a determination on the effi­ cacy of combinations of the individual active tion invites submission of data, published pared by this panel will cover only OTC components. and unpublished, and other information drug use, the conclusions may well have 5. Pertinent medical and scientific litera­ pertinent to all active ingredients in such a direct and substantial impact on all ture. preparations. uses of these ingredients in consumer C. Finished drug product. FDA is aware that the following is not products. 1. Controlled studies. a complete list, but only representative To be considered, eight copies of the 2. Partially controlled or uncontrolled of the kinds of active ingredients used data and/or views must be submitted, studies. in such products. FDA has conducted a preferably bound, indexed, and on stand­ 3. Documented case reports. literature search on each o f them : ard size paper (approximately 8 y2 by 11 4. Pertinent marketing experiences that Alum (aluminum potassium sulfate). inches). All submissions must be in the may influence a determination' on the efficacy Citric acid. format described below: of the finished drug product. p-Diisobutylphenoxypolyethoxyethanol. OTC Drug Review I nformation 5. Pertinent medical and scientific litera­ Lactic acid. ture. I. Label (s) and all labeling (preferably Nonoxynol 9 VI. A summary of the data and views set­ (Nonylphenoxypolyethoxyethanol). mounted and filed with the other data— Octyphenoxypolyethoxyethanol. facsimile labeling is acceptable in lieu of ting forth the medical rationale and purpose Phenylmercuric Acetate. actual container labeling). (or lack thereof) for the drug and its ingre­ Ricinoleic Acid. n . A statement setting forth the quanti­ dients and the scientific basis (or lack Sodium Perborate. ties of active ingredients of the drug. thereof) for the conclusion that the drug III. Animal safety data. In addition FDA is aware that the fol­ A. Individual active components. and its ingredients have been proven safe lowing ingredients are also used in such 1. Controlled studies. and effective for the intended use. If there is products and have been subject o f previ­ 2. PartiaUy controlled or uncontrolled an absence of controlled studies in the ma­ ous literature searches and those studies. terial submitted, an explanation as to why B. Combinations of the individual active such studies are not considered necessary bibliographies may be of value: components. Boric acid. 1. Controlled studies. must be included. Camphor. 2. Partially controlled or uncontrolled VII. If the submission is by a manufac­ Eucalyptol. studies. turer, a statement signed by the person re­ Menthol. C. Finished drug product. sponsible for such submission, that to the Thymol. 1. Controlled studies. best of his knowledge it includes unfavorable Zinc Sulfate. 2. Partially controlled or uncontrolled studies. information, as well as any favorable infor­ FDA’s literature search covered the IV. Human safety data. mation, known to him pertinent to an evalu­ United States of America literature and A. Individual active components. ation of the safety, effectiveness, and labeling other leading English language litera­ 1. Controlled studies. of such a product. Thus, if any type of sci­ ture published since 1950 from the fo l­ 2. Partially controlled or uncontrolled lowing sources: studies. entific data is submitted, a balanced sub­ 3. mission' of favorable and unfavorable data Medlars (NLM and S U N Y ). Documented case reports. 4. Pertinent marketing experiences that must be submitted. The same would be true FDA Clinical Experience Abstracts. may influence a determination as to the Quarterly Cum ulative Index M edicus. of any other pertinent data or information safety of each individual active component. submitted, such as consumer surveys or mar­ Current List o f M edical Literature. 5. Pertinent medical and scientific litera­ Index Medicus. ture. keting results. JAMA Subject Index. B. Combination of the individual active DeHaen Drugs in Use. components. In order to avoid duplication, inter­ RINGDOC. ested persons should not in their sub­ VETDOC. 1. Controlled studies. 2. Partially controlled or uncontrolled missions include published literature International Pharmaceutical Abstracts. studies. Excerpta Medica. 3. Documented case reports. listed in the FDA literature search. An Abstracts o f W orld M edicine. 4. Pertinent marketing experiences that abstract of all such literature will be Biological Abstracts. may influence a determination as to the Chemical Abstracts. provided to the panel. Upon request, the safety of combinations of the individual ac­ panel will be provided with the complete, bibliography of the literatu: tive components. 5. Pertinent medical and scientific liter­ article. Interested persons may, of sons.0rt«rches available to interested pe ature. course, refer to such literature in their C. Finished drug product. « M S * persons are also invited 1. Controlled studies. submissions by citation. t*a^a ?n any °ther active ingred 2. Partially controlled or uncontrolled Submissions or requests for copies of VQ^ i01r,use to contraceptives and oth studies. the bibliography of the FDA literature vaginal drug products. 3. Documented case reports. search should be forwarded to: th S ei'PDA*s aware that safety data < 4. Pertinent marketing experiences that may influence a determination as to the Food and Drug Administration, Bureau of r S t ^ €^ ents may be available as safety of the finished product. Drugs, OTC Drug Products Evaluation uehs « testing related to nondrug pro< 5. Pertinent medical and scientific liter­ Staff (BD-109), 5600 Fishers Lane, Rock­ s’ as cosmetics. All interest« ature. ville, Md. 20852.

FEDERAL REGISTER, VOL. 38, tJO . 94— WEDNESDAY, M A Y 16, 1973 12842 NOTICES

Submission of data must be on or before March 30, 1973, ordered a hearing to be [Docket No. 50-333] July 16,1973. held on the boiling water reactors iden­ POWER AUTHORITY OF STATE OF NEW (Federal Food, Drug, and Cosmetic Act, tified as the Peach Bottom Atomic Nu­ YORK AND NIAGARA MOHAWK POWER sec. 701; 21 U.S.C. 371.) clear Station, Units 2 and 3. These facil­ CORP. ities are owned by the applicants, Notice of Hearing Dated May 10,1973. Philadelphia Electric Qo., Public Service Electric & Gas Co.; Delmarva Power & The Atomic Energy Commission (the S a m D . F in e , Commission) by its notice of hearing Associate Commissioner Light Co., and Atlantic City Electric Co. Construction of these facilities, which pursuant to 10 CFR part 50, appendix D, for Compliance. are located in York County, Pa., was section B; “Notice of Consideration of [PR Doc.73-9749 Filed 5-15-73;8:45 am] authorized by provisional construction Issuance o f Facility Operating License permits Nos. CPPR-37 and CPPR-38 and Opportunity for Hearing” dated ATOMIC ENERGY COMMISSION issued by the Commission on January 31, September 21, 1972, ordered a hearing 1968. to be held pursuant to section B of ap­ [Dockets Nos. 50-400, 50-401, 50-402, 50-403] This hearing will be held pursuant to pendix D, 10 CFR part 2, to determine CAROLINA POWER & LIGHT CO. the Atom ic Energy Act o f 1954, as whether construction permit CPPR-71 is­ amended, the National Environmental sued by the Commission May 20,1970, for Availability of Final Environmental Policy A ct of 1969, and the regulations the James A. Fitzpatrick Nuclear Power Statement in 10 CFR part 50, “Licensing of Pro­ Plant, Unit 1, should be continued, modi­ Pursuant to the National Environmen­ duction and Utilization Facilities” and fied, terminated, or appropriately con­ tal Policy Act of 1969 and the U.S. Atomic 10 CFR part 2, “Rules of Practice.” The ditioned to protect environmental values. Energy Commission’s regulations in ap­ hearing will consider: (1) Whether con­ Farther, in the aforementioned notice pendix D to 10 CFR part 50, notice is sidering those matters covered in ap­ opportunity was given for interested par­ hereby given that the Final Environmen­ pendix D to 10 CFR part 50, the con­ ties to request a hearing with respect tal Statement prepared by the Commis­ struction permit for unit 3 should be to the issuance of the facility operat­ sion’s directorate of licensing, related to appropriately conditioned to protect en­ ing license for the James A. Fitzpatrick the proposed Shearon Harris Nuclear vironmental values; and (2) whether a Nuclear Power Plant, Unit 1, which is a Power Plant Units 1, 2, 3, and 4, to be facility operating license should be is­ boiling water nuclear reactor located on constructed by Carolina Power & Light sued for units 2 and 3. the southeast shore of Lake Ontario in Co., in Wake and Chatham Counties, The hearing will be conducted by the Oswego County, N.Y., and designed for N.C., is available for inspection by the Atomic Safety and Licensing Board (the operation at steady-state power levels public in the Commission’s public docu­ Board) appointed by the Commission in not to exceed 2,436 thmlMW. A request ment room at 1717 H Street NW., Wash­ the aforementioned notice of hearing. for hearing on the issuance o f the facility ington, D.C., and in the Wake County This Board consists of Dr. Ernest O. Salo, operating license was timely filed by two Public Library, 104 Fayetteville Street, Dr. Kenneth A. McCollom, as technical intervenors, Ecology Action and Su­ Raleigh, N.C. The Final Environmental Dr. Kenneth A. McCollom, as technical zanne P. Weber, in the form of a petition Statement is also being made available members, and Daniel M. Head, as for leave to intervene made pursuant to at the Clearinghouse and Information Chairman. the Commission’s rules of practice, 10 Center, 116 West James Street, Raleigh, A prehearing conference was held by CFR part 2. The Atomic Safety and Li­ N.C. 27603, and Research Triangle R e­ the Board in York, Pa., on April 16,1973, censing Board (the Board) appointed by gional Planning Commission, P.O. Box and April 24, 1973, in accordance with the Commission to conduct this proceed­ 12255, Research Triangle Park, N.C. §§ 2.751(a) and 2.752 of the Commis­ ing granted this request for hearing on 27709. sion’s rules of practice, 10 CFR part 2. the issuance of the facility operating li­ The notice of availability of the Draft As a result of this prehearing conference, cense by prehearing conference order Environmental Statement for the a prehearing conference order was issued dated March 29,1973. Shearon Harris Nuclear Power Plant by the Board on April 30, 1973, ruling on The purpose of this notice is to set the Units 1, 2, 3, and 4, and requests for the contentions that will be issues in hearing pursuant to 10 CFR part 50, ap­ comments from interested persons was controversy at the hearing. pendix D, section B, and the hearing published in the F ederal R e g is t e r on Please take notice and it is hereby with respect to the issuance of the facil­ November 22, 1972 (37 FR 24842). The ordered in accordance with the provisions ity operating license. The hearings shall comments received from Federal, State, of the Atomic Energy A ct o f 1954, as be consolidated. and local officials and interested mem­ amended, and the Commission’s rules of The aforementioned Board which will bers of the public have been included as practice, 10 CFR part 2, that the eviden­ conduct this consolidated hearing was appendixes to the Final Environmental tiary hearing in this proceeding is sched­ appointed by the Commission Janu­ Statement. uled to begin at 9 a.m. local time, on ary 23,1973, and consists of Dr. Kenneth Single copies of the Final Environmen­ Wednesday, May 30, 1973, in the Assem­ A. McCollom, Dr. Ernest O. Salo, as tech­ tal Statement may be obtained by writ­ bly Room, Administration Building, York nical members, and Daniel M. Head, as ing the U.S. Atomic Energy Commission, College of Pennsylvania, Country Club Chairman. W ashington, D.C. 20545, Attention: Dep­ Road, York, Pa. 17505, and shall run con­ The consolidated hearing will deter­ uty Director for Reactor Projects, Direc­ tinuously thereafter until all evidence has mine the issues set forth in the above torate of Licensing. been received or until continued by order referred to notice of hearing pursuant Dated at Bethesda, Md., this 11th day of this Board. to 10 CFR part 50, appendix D, section o f May 1973. Members of the public are invited to B, and will also determine, in consid­ attend this public hearing and they may ering the issuance of the facility operat­ For the Atomic Energy Commission. request to make limited appearances pur­ ing license, two contested issues raised G o r d o n K . D ic k e r , suant to § 2.715(a) of the Commission’s by the intervenors. These two contested Chief, Environmental Projects rules of practice, 10 CFR part 2. Oral or issues relate to the adequacy of the ap­ Branch No. 2, Directorate of written statements to be presented by plicants’ emergency plan and the capa­ Licensing. limited appearances will be received prior bility of the facility to meet the require­ [PR Doc.73-9803 Filed 5-15-73;8:45 am] to the start of the taking of evidence at ments of the Commission’s regulations the hearing. governing radioactive effluents. T hese is­ sues will be decided in accordance with [Dockets Nos. 50-277, 50-278] By order of the Atomic Safety and Li­ the requirements o f § 2.104(c) of _the censing Board. Commission’s rules of practice, 10 CFR PHILADELPHIA ELECTRIC CO., ET AL. Dated this 11th day o f May 1973, at part 2, which subsection is hereby incor­ Notice and Order for Evidentiary Hearing Washington, D.C. porated by reference. The Atomic Energy Commission (the D a n ie l M . H ead, Please take notice and it is hereby or­ Commission) by its “Notice of Hearing Chairman. dered, in accordance with the A tom ic on a Facility Operating License” dated [PR Doc.73-9801 Piled 5-15-73;8:45 am] Energy A ct of 1954, as amended, and the

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 NOTICES 12843

Commission’s rules of practice, particu­ to refrigerated trucks from Florida; that craft revenues totaling $37.9 million, operating expenses of $48.2 million, and larly 10 CFR 2.104(a), that the eviden­ the 10-percent increases proposed from Miami, Fort Lauderdale, and West Palm $10.3 million operating loss before taxes; tiary hearing in this proceeding is sched­ National operates no all-cargo aircraft uled to begin at 10 a.m., local time, on Beach, are excessive, unreasonable, and unlawful; and that an increase of only services. Monday, June 4,1973, in the second floor The four carriers present estimates courtroom, County Courthouse, East 2.5 percent on imported traffic is prej­ udicial to domestic floral producers in that the proposed rate increases will pro­ Oneida and Second Streets, Oswego, N.Y. duce a total of $4.1 million of additional 13216, and such hearing shall run con­ Florida. In support of their proposals, the annual revenue based on forecast 1973 tinuously thereafter until all evidence operations. The carriers estimated that, has been received or until otherwise con­ carriers state, inter alia, that the pro­ posed increases are necessary to help even with the proposed increases in tinued by order of this Board. effect, they will incur in 1973 an operat­ Members of the public are invited to offset the severe operating losses which carriers are presently suffering from ing loss of $25.2 million from their attend this public hearing and they may domestic air freight operations in both request to make limited appearances pur­ their domestic freight operations; that these increases should be considered as all-cargo and combination aircraft.® suant to § 2.715(a) of the Commission’s - The rate increases proposed, generally rules of practice, 10 CFR part 2. Oral or a measure of interim relief which will not unduly burden any shipper; that short- 2.5 to 5.0 percent, with a maximum of written statements to be presented by 10 percent for certain markets, appear limited appearances will be received prior haul markets have been increased by more than long-haul markets since rev­ moderate and should not have a severe to the start of the taking of evidence at impact on shippers. In addition, these in­ the hearing. enue for the shorter haul falls further below costs than in the long-haul; and creases are in line with those recently By order of the Atomic Safety and Li­ permitted by the Board fo r other carriers. censing Board. that the proposals are designed to help reduce directionality in rates. While the 10-percent increase in rates Dated this 11th day of May 1973, at In answer2 to the complaints, the car­ from Miami, Fort Lauderdale, and West Washington, D.C. riers contend that general commodity Palm Beach will be higher than those in other markets, the current rates from D aniel M. H ead, rates from Florida were reduced in 1962 Chairman. to meet competition, but that , south­ these points are often lower than from points involving shorter hauls. The pro­ [FR Doc. 73-9802 Filed 5-15-73;8:45 am] bound rates were never reduced, and, hence, the proper comparison of rates posals more closely aline the rates from is between southbound and cut flower those points with other rates on the car­ CIVIL AERONAUTICS BOARD and gladioli rates; that the cut flower riers’ systems. To a number of destina­ tions, the rates from Miami, etc., will [Dockets Nos. 25415, 25470; Order 73-5-59] rates are in all cases lower than the properly established general commodity still continue to be below the rates in AIRLIFT INTERNATIONAL, INC. E T AL. rate levels; that, rather than discrimi­ markets involving shorter hauls for most Domestic Air Freight Rate Investigation; nating, the proposals are following CAB weight breaks. Order of Suspension policy of reducing directional rate dif­ As indicated, our suspension does not ferences; that rates on cut flowers are include rate increases on cut flowers Adopted by the Civil Aeronautics where the rates proposed are equal to or Board at its office in Washington, D.C. higher than the general commodity rates because of the low density and high below the general commodity rates. We on the 10th day o f May, 1973. find no situation, as alleged by one com­ By tariff revisions1 marked to become claim incidents regarding floral traffic as compared with other types of traffic; plaint, where the increases proposed on effective May 17, 1973, A irlift Interna- domestic movements from Florida exceed national, Inc. (A irlift), Delta Air Lines, that the instant proposal would do no more than maintain the present differ­ the increases on import movements in Inc. (Delta), Eastern Air Lines, Inc. the same markets; in fact, no import (Eastern) and National Airlines, Inc. ential that exists between certain specific commodity rates on floral products and rates on flowers from Florida are pub­ (National) propose to increase their lished by the proponent carriers. We are domestic air freight rates summarized general commodity rates, and that no valid basis exists for changing this long also permitting increased rates on gladi­ as follows: oli, which are typically below the gen­ 1. All rates (except eastbound/north- standing relationship; that there now exists an anomalous situation where eral commodity rates. bound directional rates) The complainant, in support of its a. Markets o f 750 mi or less— 5.0 northbound rates from Miami, Fort Lauderdale, and West Palm Beach, are contention that higher rates will result percent; in diversion of traffic to surface, presents b. Markets of more than 750 mi— 2.5 lower than rates from Orlando even though mileage from Orlando is shorter data purporting to show that such diver­ percent. sion has occurred in the past. The Board, 2. Eastbound/northbound directional and that the proposed 10-percent in­ crease would help correct this situation. however, found that previous increases in rates (except Miami, Fort Lauderdale, rates have not been a substantial cause West Palpi B each)— 5.0 percent. All of the proposed rates come within the scope of the Domestic Air Freight for the reduction in traffic (order 72- 3. Northbound directional rates from 11-78). SAF has presented no additional Miami (to be common—rated with Fort Rate Investigation, docket 22859, and their lawfulness will be determined in data of significance that persuade us that Lauderdale and W est Palm Beach) — the proposed increases will have a mate­ 10.0 percent. that proceeding. The issue now before the Board is whether to suspend the rial effect upon the movement of this 4. All import general and specific com­ traffic. modity rates—2.5 percent. proposals or to permit them to become effective pending investigation. With respect to the rates on cut Complaints requesting suspension and flowers, in view of all relevant factors, investigation of the carriers’ proposals Upon consideration of all relevant fac­ tors, the Board finds that, with the ex­ the Board concludes that such rates have been filed by the Society of Ameri­ should be suspended to the extent that can Florists. The complaints allege, ception of the proposed rates on cut flowers in excess of the proposed general they exceed the rates proposed on gen­ mter alia, that the specific com m odity eral commodity shipments. The carriers rates on cut flowers are significantly commodity rates, suspension is not warranted. present no factual proof of the conten­ higher than the general com modity rates tion that flower shipments involve higher from Miami, contrary to the Board’s The Board finds that the carriers have adequately demonstrated a need for an costs than commodities generally. Nor ruling in order 70-5-2; that the cumula­ is any other arguments presented that tive effect of increases beginning in 1969 increase in air freight revenues. For the nas caused a serious trend toward di­ year ended December 31, 1972, A irlift, persuades us that flower shippers should version of cut flowers from air freight Delta, and Eastern report all-cargo air- «Airlift estimates a loss of $2.5 million, Delta $12.7 million, Eastern $9.1 million, and t«!®6.71810118 to Airline Tariff Publishers, 2 Answers were received from Delta, East­ nc,> Agent, Tariffs CAB 131 and 169. ern, and National. National $0.9 million.

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 12844 NOTICES

be charged higher rates than commodi­ The broad purpose of the agreement is any charterer found not charterworthy. ties in general.4 to give greater assurance of conformity IACA will circulate the report to each of Price stabilization consideration.—Sec­ of IACA operations to the regulations of its members and to IACA’s Director of tion 229.3 o f the Board’s Economic regu­ the Board and IACA, and to the dedica­ Enforcement. If any of the latter subse­ lations sets forth the criteria that must tion of the members of IACA to operate quently decides that the charterer is or be satisfied for Board approval of rate in the public interest and maintain the has become charterworthy and enters increases under the Price Stabilization confidence of the public and of those into a charter contract, it will so advise program. Based on the data before us, governmental agencies, charged under IACA which will circulate this informa­ the Board has determined that the rate law, with regulatory responsibility. In tion to its members. IACA’s Director of increases authorized herein satisfy these particular, the purpose of the agreement Enforcement will be responsible for re­ criteria. is to improve upon present (self) en­ viewing members’ compliance with the Accordingly, pursuant to the Federal forcement practices and t6 provide uni­ uniform standards and practices set forth Aviation Act o f 1958, and particularly form guidance to employees of the IACA in the agreement and will recommend to sections 204(a) and 1002 thereof, carriers who are concerned with or re­ carrier managements appropriate cor­ It is ordered that: sponsible for the sale of charter flight rection of deficiencies. 1. Pending hearing and decision by space. The agreement recognizes that the The agreement also establishes proce­ the Board, the increased rates, charges, pertinent governmental regulations are dures fo r the review o f an adverse deci­ and provisions described in appendix A the ultimate enforcement criteria, and it sion by any IACA member as to the char­ hereto6 are suspended and their use de­ is not the intention of these guidelines to terworthiness of a given group. These ferred to and including August 14, 1973, alter or supersede such regulations in any provide, in part, that a rejected applicant unless otherwise ordered by the Board way or to diminish the responsibility of may appeal in writing to IACA’s Direc­ and that no changes be made therein the carriers to comply with them. tor of Enforcement giving records, affi­ during the period of suspension except The foregoing is a summarization of davits, or other evidence which the ap­ by order or special permission of the section I of the agreement which essen­ plicant wishes to have considered.4 There­ B oard; tially is an introductory review of the after the Director of Enforcement will 2. The complaints filed by Society of problems sought to be resolved. Section conduct any investigation he deems ap­ American Florists in dockets 25415 and n presents examples of reported serious propriate and within 30 days issue a writ­ 25470 are dismissed, except to the extent and recurring enforcement problems ten decision affirming or reversing the indicated herein; and • focusing on charterworthiness of organi­ carrier’s decision, together with a state­ 3. Copies of this order shall be filed zations, solicitation, membership bona ment of the grounds on which his deci­ with the tariffs and served upon Airlift fides and charter costs; section III con­ sion is based. The agreement further International, Inc., Delta Air Lines, Inc„ cerns compliance procedures to be provides that nothing therein shall be Eastern Air Lines, Inc., National Air­ utilized by carrier management; section construed to lim it the right o f any appli­ lines, Inc., and Society of American IV prescribes compliance procedures of cant to request an advisory opinion from Florists. IACA; section V establishes an appeal the Board’s Bureau o f Operating Rights procedure for rejected charter appli­ either in lieu of or subsequent to an This order will be published in the cants; section VI establishes penalties appeal to IACA’s Enforcement Director. F ederal R egister. for violations of charter regulations by The members have also agreed that By the Civil Aeronautics Board. member carriers; section v n provides penalities for violation o f the charter | [ seal] E d w in Z. H olland, for cooperation with other carriers and regulations should be imposed. In this Secretary. associations; and section V m establishes respect IACA has established procedures [FR Doc.73-9722 Filed 5-15-73;8:45 am] the terms of effectiveness and termina­ fo r the appointment of an impartial per­ tion. Attachment I to the agreement con­ son to serve as a commissioner to rule [Docket No. 25525; Order 73-5-63] tains a basic carrier compliance checklist. on complaints filed by any member car­ INTERNATIONAL AIR CARRIER In short, the agreement represents a rier or the Association’s Director of En­ ASSOCIATION concerted attempt by the members of forcement against any other member al­ Order Deferring Action on Agreement IACA to define the problem; to illustrate leging any violation of part 208 or 214 various areas in which a chartering or­ Adopted by the Civil Aeronautics of the Board’s economic regulations.' Board at its office in Washington, D.C. ganization and/or its members may at­ Upon completion of various procedural on the 10th day of May 1973. tempt to circumvent or avoid the rules steps described in the agreement the The International Air Carrier Associa­ and regulations applicable to charters; Commissioner must decide whether a vio­ tion (IACA) / pursuant to section 412 of and to specify the extent to which each lation has been com mitted and issue a the Federal Aviation Act of 1958, as member of IACA is required to review written opinion stating his conclusions amended, (the Act) has filed on behalf and evaluate the representations of a and the grounds on which it is based. If of its members2 an agreement entitled prospective charterer, the legality of “Uniform Standards and Practices for the Commissioner determines that a vio­ Charter Flight Eligibility” (the agree­ solicitation promoting a charter, the lation has been committed he shall, sub­ ment)8 which has been made subject to bona fides of the members of the charter­ ject to reconsideration, impose a penalty prior Board approval. ing organization, and the misapplication which may be either a warning or a fine of the charter funds. * In its decision in docket 22157, United The mechanics of the agreement re­ Air Lines, Inc. Specific Commodity Rates on * At minimum tbe applicant must provide Periodicals, Floral Products, and Seafood, quire that each air carrier and foreign a copy of the rejected application and ai order 72-11-78, Nov. 20,1972, the Board stated air carrier party to the agreement desig­ correspondence relating thereto; a copy ° the applicants’ bylaws, articles o f incorpora­ it had, in order 70-5-2, instituting the inves­ nate a director of charter eligibility to tigation, noted that in certain instances the tion and constitution; a description of tn increases permitted for SCR’s might result review each charter application in ac­ chartering organization including its objec­ in rates higher than the comparable GCR’s in cordance with a checklist which is a part tives, purposes, and activities; a statement oi membership requirements and fee, if any, effect, and it cautioned United that it was of the agreement and to report to IACA expected to limit the increases in specific and a statement as to the purpose of t commodity rates to prevent such a result. proposed charter and manner of selection an 5 Appendix A filed as part of the original ways, Inc., Spantax, S.A., Transavia Holland solicitation of prospective participants. document. N.V., Trans International Airlines, Inc., and , 8 such Commissioner shall have no ot 1 The formation of IACA was approved sub­ World Airways, Inc. relationship with or economic interest in ject to various conditions by Order 72-1-12, 8 Appended thereto are agreements signed Association or any of its members, and snau January 6,1972. by eight member carriers by which they agree be retained subject to such terms and , _ aA/S Conair, Overseas National Airways, to be bound by the uniform standards and ditions as the Association’s Board of Dir Inc., S.A. de Transport Aerian, Saturn Air- practices for charter flight eligibility. tors shall establish.

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 NOTICES 12845 of not more than $10,000 for each paragraph be afforded a further period tion to the petition. No other responses violation. of 10 days within which to file rebuttal have been received. Elsewhere the agreement notes that to com m en ts;8 No final rate is in effect for the trans­ be fully effective, all carriers which en ­ 4. A copy of this order be served upon portation of mail in the three markets gage in charter transportation should be the Attorney General of the United cited by the Postmaster General. The included in any self-regulatory arrange­ States; the International Air Carrier As­ currently applicable temporary rates in ment. IACA offers to enter into such sociation and each of its members, the those markets are the rates established agreements with the members o f the In­ Air Transport Association, the Interna­ in the domestic service mail rate investi­ ternational Air Transport Association, tional Air Transport Association, and gation, order E-25610, dated August 28, the Air Transport Association of Amer­ the Department of Transportation; and 1967, as amended by order 68-8-67, ica and Air Charter Carrier Association5* 5. This proceeding shall be assigned dated August 15, 1968. These rates were for the exchange o f inform ation on non­ docket No. 25525. opened by order 70-12-48, dated Decem­ charterworthy groups. IACA also invites ber 8, 1970, instituting the pending in­ This order shall be published in the vestigation of domestic mail rates in other independent airlines and foreign F e d e r a l R e g i s t e r . supplemental air carriers to agree to be docket 23080. The Postmaster General’s bound by the agreement. By the Civil Aeronautics Board. petition in effect requests that the tem­ porary rates for nonpriority mail in these No comments objecting to approval of [ s e a l ] E d w i n Z. H o l l a n d , the agreement have been received. Secretary. markets be reduced to the rates estab­ The governing rules on which the lished for nonpriority mail in certain agreement is based are the Board’s Eco­ [FR Doc.73-9720 Filed 5-15-73;8:45 am] other States-Alaska markets in the nomic Regulations, particularly parts nonpriority mail rates case, order 70-4-9, 208 and 214 thereof. Both of these regu­ [Dockets Nos. 18381, 23080; Order 73-5-67] dated April 2, 1970, and currently appli­ lations and/or their observance are the cable to such mail on a temporary basis Subject of rulemaking proceedings now NONPRIORITY MAIL RATES pending outcome of the investigation in before the Board in Dockets 24788 and Priority and Nonpriority Domestic Service docket 23080.3 ASA states that it has no 24908, and in complaints filed by the Mail Rates Investigation; Order to Show objections, and nothing before us at Board’s Bureau of Enforcement against Cause present indicates that different nonpri­ various airlines and chartering organi­ Adopted by the Civil Aeronautics ority rates should be applicable to dif­ zations. Part 208 also is in issue in the Board at its office in Washington, D.C. ferent States-Alaska markets pending supplemental air carrier renewal pro­ on the 11th day o f May 1973. decision in docket 23080. ceeding, docket No. 23944. Therefore, The Postmaster General, on Janu­ We therefore tentatively find that: our action herein is not intended to pro­ ary 3, and February 5, 1973, filed a peti­ (1) The fair and reasonable tempo­ vide a vehicle for comment on parts 208 tion and a motion1 for leave to amend rary rates to be paid by the Postmaster and 214 or other pertinent regulations, the petition requesting amendment of General on and after January 3, 1973, since the cases noted either individually nonpriority mail rate order 70-4-9 to en­ for the transportation by aircraft of or collectively provide a more suitable compass nonpriority mail transported nonpriority mail as defined in order forum. between a point in the 48 contiguous 70-4-9, the facilities used and useful Upon consideration of the foregoing States, on the one hand, and a point therefor, and the services connected the Board believes that the IACA pro­ in Alaska, on the other, in operations therewith, between points in the 48 con­ posal may constitute a reasonable ap­ pursuant to the certificate of Alaska Air­ tiguous States and the District of Colum­ proach toward better control o f possible lines, Inc. (ASA), authorizing States- bia, on the one hand, and points in the violations of the Board’s regulations. The Alaska air transportation. Order 70-4-9 State of Alaska, on the other hand, to agreement is almost identical to one established the presently effective rates Alaska Airlines, Inc., Northwest Airlines, among the members of the National Air for the movement of nonpriority mail be­ Inc., Pan American World Airways, Inc., Carrier Association previously approved tween points within the 48 contiguous and Western Air Lines, Inc., for opera­ by the Board,® and does not appear to States and the District of Columbia, on tions over their routes as authorized raise any substantive issues not consid­ the one hand, and certain specified points under certificates of public convenience ered by the Board in that proceeding., in Alaska certificated for States-Alaska and necessity for States-Alaska air The agreement may raise unforeseen services, on the other. The Postmaster transportation, shall be the rates estab­ issues of interest to other persons in­ General states that while Kotzebue, lished by order 70-4-9, dated April 2, cluding chartering organizations, travel Nome, and Sitka are presently authorized 1970, computed in accordance with the agents, other air carriers and their asso- points in ASA’s States-Alaska service, provisions of that order, subject to such ciations, and the traveling public in gen­ they are not points named in order 70- retroactive adjustment as may be made eral. The Board has therefore decided 4-9. Thus, there is no basis for the pay­ in docket 23080. to defer action on the m atter, allowing an ment of the nonpriority rates for mail (2) The appendix to order 71-2-92, opportunity for such persons to file writ­ carried to those points in States-Alaska dated February 22, 1971, shall be ten comments in support of or in opposi­ service. On the other hand, the rates amended by adding “Kotzebue, Alaska,” tion to approval o f the agreement. fixed for the transportation of domestic “Nome, Alaska,” and “Sitka, Alaska” to Accordingly, it is ordered, That: priority mail were made applicable to the Class Z stations listed there, effective 1. Action on agreement CAB 22545-A3 points certificated for States-Alaska op­ January 3,1973. be and it hereby is deferred; erations without specifically naming the (3) The temporary service mail rates 2. Interested persons are hereby af­ points, and thus Sitka, Nome, and Kotze­ here fixed and determined are to be paid forded a period of 20 days from the date bue are encompassed within the domestic in their entirety by the Postmaster of service of this order within which to priority service rate order.2 The Post­ General. fue comments in support of or in oppo­ master General requests the same cover­ Accordingly, pursuant to the Federal sition to the agreem ent;7 age for nonpriority mail carried on Aviation Act o f 1958, and particularly 3. Persons who have filed timely com­ States-Alaska flights as that provided sections 204(a) and 406 thereof, and the ments in accordance with the foregoing for priority mail on those flights. Board’s regulations promulgated in 14 CFR, part 302, By letter o f January 12, 1973, ASA It is ordered, That: A'°PA ls an association of charter car advised the Board that it has no qbjec- 1. The motion of the Postmaster Gen­ r_? jm ich are affiliated with various sched' mea foreign air carriers. eral to file an amended petition herein is 21548, as amended, ap' 8 The 30-day period contemplated by para­ granted. P oved by Order 70-12-145, Dec. 28, 1970. graphs 2 and 3 will run consecutively. original and 19 copies of such com' 1 The motion will be granted. 3 These rates were also opened by and section8*19,11 ^ wlth the Board’s dockel 8 Order E-25610, Aug. 28, 1967, as amended placed under investigation by order 70-12-48, by order 68-8-67, Aug. 15, 1968. supra.

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 12846 NOTICES

2. All interested persons, and particu­ Aviation Act of 1958, as amended (the Act), the instant application does not appear to larly the Postmaster General, Alaska in order to permit ONA to establish a raise new substantive issues. Under these wholly-owned subsidiary to perform tra­ circumstances it does not appear that the Airlines, Inc., Northwest Airlines, Inc., ditional fixed base operations and other serv­ acquisition will be inconsistent with the Pan American World Airways, Inc., and ices, primarily maintenance, for Itself and public interest or that the requirements of Western Air Lines, Inc., are directed to other air carriers, at the Clinton County Air­ section 408 will be otherwise unfulfilled. show cause why the Board should not port, Wilmington,„ Ohio. Pursuant to authority duly delegated by adopt the foregoing proposed findings In support of the application, ONA states the Board in the Board’s regulations, 14 CFR and conclusions and fix, determine, and that the airport was decommissioned by the 385.13, it is found that the foregoing acqui­ publish the rates specified above; Air Force in 1972, and is now under the ju ­ sition should be approved without a hearing 3. Further procedure herein shall be risdiction of the Clinton County Board of pursuant to the third proviso of section Commissioners, which has entered into an 408(b) of the Act. in accordance with 14 CFR; part 302, agreement to lease hangars and other facili­ Accordingly, it is ordered, That: and, if there is any objection to the rates ties at the airport to ONA. In turn ONA has 1. The acquisition of a subsidiary for the or to tiie other findings and conclusions agreed to form a subsidiary company which purpose of operating the facilities at Clinton proposed herein, notice thereof shall be will provide airport operations and mainte­ County Airport, be and it hereby is approved. filed within 10 days after the date of nance services rather than performing these 2. ONA shall file in this docket within 10 service of this order, and if notice is filed, functions through« an internal division of days of the adoption thereof the corporate written answer and supporting docu­ ONA as it has been doing. name of the subsidiary referred to herein. ONA believes that it will benefit from the Persons entitled to petition the Board for ments shall be filed within 30 days after proposed relationship. The carrier has made review of this order pursuant to the Board’s date of service of this order; Clinton County the base for its DC-9 and regulations, 14 CFR 385.50, may file such 4. If notice of objection is not filed Plectra cargo operations, which includes petitions within 1Ô days after the date of this within 10 days, or if notice is filed and if Logair and Quicktrans as well as all com­ order. answer is not filed within 30 days after mercial cargo flights. The airport is conven­ This order shall be effective and become service of this order, all persons shall be iently close to Detroit, out of which ONA the action of the Civil Aeronautics Board operates a pattern of flights for the auto­ upon expiration of the above period unless deemed to have waived the right to a within such period a petition for review hearing and all other procedural steps mobile industry. By expanding its service into those customarily performed by a fixed thereof is filed, or the Board gives notice that short of a final decision by the Board, base operator and making these services, it will review this order on its own motion. and the Board may enter an order incor­ along with the DC-9 and Electra mainte­ [FR Doc.73-9723 Filed 5-15-73;8:45 am] porating the findings and conclusions nance facilities, available to the general pub­ proposed herein, and fix and determine lic, the subsidiary will be able to obtain the temporary rates specified herein; additional revenues which will ultimately [Docket No. 23333; Order 73-5-16] benefit ONA’s overall common carrier 5. If answer is filed presenting issues INTERNATIONAL AIR TRANSPORT for hearing, the issues involved in deter­ operations. In sum, the application points out that all ASSOCIATION mining the fair and reasonable tempo­ concerned interests—ONA, Clinton) County, rary rates herein shall be limited to those Order Relating to Specific Com m odity the city of Wilmington, and aviation in gen­ Rates specifically raised by such answers ex­ eral—will benefit by the development of the cept as otherwise provided in 14 CFR fixed base and maintenance services planned Issued under delegated authority on 302.307; by the subsidiary. According to the applica­ May 4,1973. 6. Notwithstanding the fixing and de­ tion the proposed control relationship does An agreement has been filed with the termining of the temporary rates for not pose any novel regulatory or public Board pursuant to section 412(a) of the interest questions not heretofore considered nonpriority mail as set forth above, this by the Board. Federal Aviation A ct o f 1958 (the Act) proceeding shall remain open as to such Thus, ONA submits that the Board should and part 261 o f the Board’s Economic rates pending the entry of an order approve its control of the subsidiary pursuant Regulations between various air carriers, fixing the final rates in docket 23080. to the nonhearing procedures in the third foreign air carriers and other carriers, proviso of section 408(b). The control rela­ 7. This order shall be served upon the embodied in the resolutions o f the Joint parties enumerated in paragraph 2 tionship will not affect the control of a direct above. air carrier, will not result in creating a Traffic Conferences of the International monopoly and will not restrain competition. Air Transport Association (IATA). The This order will be published in the Furthermore, the control relationship satis­ agreement, which was adopted at the F ederal R egister. fies all of the public interest standards here­ tofore considered by the Board. 15th meeting of the Joint Specific Com­ By the Civil Aeronautics Board. No comments or requests for a hearing modity Rates Board held in Geneva on have been received. [ seal] P h y l l is T . K aylo r, Notice of intent to dispose of the applica­ March 27-29,1973, has been assigned the Acting Secretary. tion without a hearing has been published above CAB agreement number. [PR Doc.73-9721 Piled 5-15-73;8:45 am] in the Federal R egister, and a copy of such The agreement proposes revisions to notice has been furnished to the Attorney General not later than the day following the specific commodity rate structure ap­ [Docket No. 25186] such publication, both in accordance with plicable within the North, Mid and South the requirements of section 408(b) of the OVERSEAS NATIONAL AIRWAYS, INC. Act. A tlantic; South Pacific; and JT 2/3 areas. These revisions, insofar as they Notice of Proposed Approval Upon consideration of the foregoing it is concluded that ONA is an air carrier, and would affect air transportation are out­ Notice is hereby given, pursuant to the that the subsidiary will be a person engaged lined in the attachments hereto, and re­ statutory requirements of section 408 (b) in a phase of aeronautics, both within the o f the Federal Aviation A ct o f 1958, as meaning of section 408 of the Act and that flect reductions from otherwise applicable amended, that the undersigned intends the control of the subsidiary by ONA is sub­ general cargo rates. ject to section 408(a) (6) thereof. It has been Pursuant to authority duly delegated to issue the attached order under dele­ further concluded that the acquisition does gated authority. Interested persons are not affect the control of an air carrier directly by the Board in the Board’s regulations, hereby afforded until May 25, 1973, engaged in the operations of aircraft in air 14 CFR 385.14, it is not found that the within which to file comments or request transportation, does not result in creating a subject agreement is adverse to the pub­ a hearing with respect to the action pro­ monopoly and thereby tend to restrain com­ posed in the order. petition, nor does it appear to jeopardize any lic interest or in violation of the Act, other air carrier. Furthermore, no person provided that approval is subject to the Dated at Washington, D.C., May 11, disclosing a substantial interest in this pro­ conditions hereinafter ordered. 1973. ceeding is currently requesting a hearing and it is found that the public interest does not Accordingly, it is ordered, That: [ s e a l ] W i l l i a m B. C a l d w e l l , Jr., require a hearing. The Board has previously 1. Agreement CAB 23644 be and hereby D irector, approved air carrier acquisitions of fixed base is approved, provided that approval Bureau of Operating Rights. operations1 and maintenance facilities2 and shall not constitute approval of the spe­ Order of Approval 1 Eastern Aviation Services, order E-25116, cific commodity descriptions contain Overseas National Airways, Inc. (ONA), May 9, 1967, docket 18214. requests exemption from or approval with­ 2 Modem Air Transport-American Airmo- therein for purposes o f tariff publica­ out hearing under section 408 of the Federal tive, order 70-5-36, May 8, 1970; docket 22152. tion; provided further that tariff filin£s

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 NOTICES 12847 shall be marked to become effective on A t t a c h m e n t I— Continued A t t a c h m e n t I— Continued not less than 30 days’ notice from the date of filing; and Specific commodity Specific commodity IATA rate IATA rate 2. The findings and approval herein commod------Market commod------Market pertaining to North Atlantic specific ity Item Cents per Minimum ity Item Cents per Minimum No.1 kilogram weight— No.1 kilogram weight— commodity rates shall not be deemed to Kilograms Kilograms m odify the findings and order of the Board in its decision in Agreements CANCELED RATES UNDER EXISTING COMMODITY INCREASED RATES UNDER EXISTING COMMODITY DESCRIPTIONS Adopted by IATA Relating to North At­ DESCRIPTIONS lantic Cargo Rates, Order 73-2-24 of (South Pacific) (North Atlantic) February 6, 1973, but are subject to all 0003 98 200 [Melbourne to Los 3391 114 100 Stockholm to 92 2,500 ) Angeles. provisions of such order. New York. 85 200 [Sydney to Los Persons entitled to petition the Board (South Pacific) 74 2,500 J Angeles. for review of this order pursuant to the 4201 183 100 Melbourne to Los 0007 89 200 I Do. - Angeles. 83 1,000 Board’s regulations, 14 CFR 385.50, may 100 Sydney to Los file such petitions within 10 days after 178 0495-._____ 89 200. ___ Do. Angeles. 4201-____J r 117 300 Melbourne to Los the date of service of this order. 4402 95 2,000 Do. Angeles. This order shall be effective and be­ 4701 183 100 (Melbourne to Los 111 300 Sydney to Los 130 500 i Angeles. Angeles. come the action of the .Civil Aeronautics 112 1,000 4402______186 100 [Sydney to New Board upon expiration of the above 207 100 Melbourne to 148 500 J York. 153 500 New York. 4978______142 100 Sydney to Los period, unless within such period a peti­ 133 1,000 Angeles. 178 100 } 6811______165 100 Do. tion for review thereof is filed or the 125 500 I Sydney to Los Board gives notice that it will review this 107 1,000 i Angeles. order on its own motion. 202 100 1 See applicable tariff for commodity descriptions. 148 500 [Sydney to New 2 Live animals—the- applicable general cargo rate will 131 1,000 I York. apply provided that rates with minimum weight over This order will be published in the 200 kilograms will not apply. Federal R e g is t e r . A t t a c h m e n t II [ seal] E d w in Z . H o l l a n d , Secretary. IATA com­ Specific commodity rate A t t a c h m e n t I modity Item Description Market No. Cents per Minimum kilogram Weight kilo- Specific commodity IATA rate grams commod------:------—:----- Market ity Item Cents per Minimum No.1 kilogram' weight— NEW OR CHANGED SPECIFIC COMMODITY DESCRIPTIONS AND RATES Kilograms (North Atlantic)

ADDED RATES UNDER EXISTING COMMODITY DESCRIPTION 4115______Aircraft engines weighing more 2 70 3000 Frankfurt to New York. than 3,000 kilograms each, ex- 3000 New York to Frankfurt. (North Atlantic) eluding parts. 4 2 70 203 100 Tel Aviv/Yafo to New York. 1204____ 78 500 Casablanca to 9610...... ____Cigar, cigarette, and pipe light- New York. ers. 1 1295—. 108 500 Nicosia to New (South Pacific) York. 2203. 107 500 Dakar to New 0005______Foodstuffs, including spices and 94 5001 Melbourne to Los Angeles. York. beverages. 1 88 1,000) 4765.. 84 200 New York to 80 2; 500) Vienna. 118 500 Melbourne to New York. 7440. 65 500) New York to 112 1,0001 60 1,000) Madrid. 89 500 95Ì2. 163 100 Lome to New 83 1,000 Sydney to Los Angeles. York. 75 2 ,5001 163 100 Ouagadougou to 113 5001 Sydney to New York. New York. 107 1,000) 9919. 91 200) Milan to New 3200_____ . .. Hand Tools 3...... 95 1,000 Auckland to Los Angeles. 76 500) York. 6012_____ Chemicals, dyes, fertilizers, and 310 500) Los Angeles to Melbourne. 9993 272 100 Dubai to New insecticides.4 290 1,000) York. 108 1,000 Moscow to New York. 1 Area changed to include area in parentheses. (Mid Atlantic) 2 Rates for U.S. points shown for information only. 1407. 2 Area changed to include JT23, Pacific, and South Atlantic. 82 500 San Juan, P.R. * New description. to Frankfurt. (South Pacific) A t t a c h m e n t III Attachment III—Continued 0007. 110 1,000 Los Angeles to NEW OR CHANGED SPECIFIC COMMODITY IATA commod­ Auckland. ity item No. Description 100 1,000 Los Angeles to DESCRIPTIONS 4303 Electronic data storage processing 0300 Noumea. IATA com­ 92 100 Honiara to Hono­ machines, digital and analog lulu. modity 0785.. 76 1,000 Nandi to New item No. Description computers and individual parts York. thereof, adding and/or calculat­ 1000. Points in TCI to 0130 Wines.1 ing machines, machines for dup­ 4201. points in TC3.2 0170 Cacao in raw product form.2 licating documents and letters, Melbourne to 0485 Pineapples.1 Los Angeles. typewriters.1 125 500 Sydney to Los 2090 Wool.1 4305 Portable electronic calculators.2 4266. Angeles. 2199 Yarn, thread, fibres, textiles, textile 4414 Radios, tape recorders, record play­ 101 500 Auckland to Los manufacturers, and wearing ap­ ers, including components and Angeles. parel, NES.3 100 2,000 Melbourne to accessories thereof.2 2220 Cotton Clothing.1 4429 Amplifiers, speakers, rhythm boxes, 4706. Los Angeles. 165 500 Auckland to New 2411 Shirts and blouses.1 and radios.2 6605 ' York. 3100 Cutlery.1 4446 Radios, tape recorders, record play­ 90 100 Papeete to Los 3987 Metal buttons and buckles.1 ers, including battery eliminators 9993 Angeles. 95 500 Auckland to Los 4206 Surface vehicle parts.* thereof.2 Angeles. Footnotes at end of table.

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M A Y 16, 1973 No. 94—Pt. I- -8 12848 NOTICES

Attachment III-—Continued Chairman, U.S. Civil Service Commission, the U.S. Commission on Civil Rights I AT A com­ 1900 E Street NW., W ashington, D.C. that a planning meeting of the Michi­ modity gan State Advisory Committee to this item No. Description I r v in g K a t o r , Assistant to the Chairman. Commission will convene at 10 a.m. on 4452___ Parts o f relays and transistors.9 May 17, 1973, at the Kellogg Center, 4487-__ Electric wall clocks.1 [PR Doc.73-9627 Piled 5-15-73;8:45 am] 4709___ Automatic ball bonders.2 Michigan State University, East Lansing’ 4745___ Mining, well, and pumping ma­ Mich. 48823. chinery.1 COMMISSION ON CIVIL RIGHTS Persons wishing to attend th is meet­ 6230___ Gases, compressed, liquefied, or DELAWARE STATE ADVISORY COMMITTEE ing should contact the chairman, or the solidified.1 Midwestern Regional Office of the Com­ 6507___ Medicaments.1 Agenda and Notice of Open Meeting mission, room 1428, 219 South Dearborn 6511___ Bismuth.2 Street, Chicago, 111. 60604. 7174___ Postage stamps, new.2 Notice is hereby given, pursuant to the 7604___ Wooden sheets and panels.6 provisions of the rules and regulations The purposes of this meeting shall 8479___ Electrical guitars and amplifiers of the U.S. Commission on Civil Rights, be to (1) finalize plans for June con­ appertaining thereto.2 that a planning meeting of the Delaware ference activity, “An Assembly for Action 9007_._ Imitation Jewelery, novelties, orna­ State Advisory Committee to this Com­ on Revenue Sharing,” and (2) meet with ments and watch bracelets— mission will convene at 12 noon on May conference cosponsors from the Institute excluding watches and clocks 18, 1973 at the YWCA, 908 King Street, for Community Development at Michi­ N.E.S.1 gan State University. 9047___ Helium gas cylinders.2 W ilmington, Del. 19801. 9470___ Pens and/or pencils.6 Persons wishing to attend this meeting This meeting will be conducted pur­ should contact the chairman, or the Mid- suant to the rules and regulations of Attachment IV Atlantic Regional Office, room 510, 2120 the Commission. CANCELED SPECIFIC COMMODITY DESCRIPTIONS L Street NW., Washington, D.C. 20424. Dated at W ashington, D.C., May 11, I AT A com­ The purpose of this meeting shall be to 1973. modity review plans and discuss current status I s a ia h T. C r e s w e l l , Jr., item No. Description of scheduled open meeting on the Dela­ Advisory Committee 0170___ Cocoa. ware Committee’s Prison project. Management Officer. 4305___ Accounting and booking ma­ This meeting will be conducted pursu­ chinery. ant to the rules and regulations of the [PR Doc.73-9811 Filed 5-15-73;8:45 am] 4443___ Telephone sets. Commission. 4429___ Resistance grids. 4446___ Technical equipment for posts and Dated at Washington, D.C., May 11, WISCONSIN STATE ADVISORY telegraphs and ministry of trans­ 1973. COMMITTEE port and aviation. 4452___ Electric irons. I s a ia h T. C r e s w e l l , J r., Agenda and Notice of Open Meeting 4709___ Machinery and tools used in air­ Advisory Committee Notice is hereby given, pursuant to craft construction. Management Officer. the provisions of the rules and regula­ 6511___ Bismuth citrate. 7174___ [PR Doc.73-9812 Filed 5-15-73;8:45 am] tions of the U.S. Commission on Civil Stamps, postage. Rights, that a planning meeting of the [PR Doc.73-9612 Filed 5-15-73;8:45 am] W isconsin State Advisory Committee to ILLINOIS STATE ADVISORY COMMITTEE this Commission will convene at 3 p.m. CIVIL SERVICE COMMISSION Agenda and Notice of Open Meeting on May 18, 1973, in room 5 of the Madison Federal Building, 215 Monona COMMITTEE ON PRIVATE VOLUNTARY Notice is hereby given, pursuant to the Avenue, Madison, Wis. 53703. AGENCY ELIGIBILITY provisions of the rules and regulations Persons wishing to attend this meeting Notice of Closed Meeting of the U.S. Commission on Civil Rights, should contact the chairman, or the that a planning meeting of the Illinois Pursuant to the provisions of section 10 State Advisory Committee will convene Midwestern Regional Office, room 1428, of Public Law 92-463, effective January 5, at 1 p.m. on May 24, 1973, in room 1428, at 219 South Dearborn Street, Chicago, 1973, notice is hereby given that the 219 South Dearborn Street, Chicago, 111. 111. 60604. Committee on Private Voluntary Agency 60604. The purposes o f this meeting shall be Eligibility will hold a closed meeting on Persons wishing to attend this meeting to (1) review Committee’s program plans May 22, 1973. The meeting will be held should contact the chairman, or the Mid­ in room 5A06A, Civil Service Commis­ for the Milwaukee Police-Community western Regional Office, room 1428, at sion Building, 1900 E Street NW., W ash­ Conference and (2) receive reports on ington, D.C., beginning at 2 p.m. and 219 South Dearborn Street, Chicago, 111. project plans in affirmative action by ending at approximately 4:30 p.m. 60604. outstate industry and affirmative action The Committee’s primary responsibil­ The purpose of this meeting shall be by the University of Wisconsin System. ity is to make recommendations to the to review the Illinois State Advisory Chairman of the Civil Service Commis­ This meeting will be conducted pur­ sion regarding eligibility of national vol­ Committee’s pending report on Educa­ suant to the rules and regulations of untary agencies to participate in the Fed­ tion in the Latin American Community the Commission. eral fund-raising program. At this meet­ with particular emphasis on Mexican Dated at Washington, D.C., May 11> ing the Committee will review applica­ American and Puerto Rican problems. tions for fund-raising privileges which This meeting will be conducted pursu­ 1973. have been submitted by voluntary orga­ I s a i a h T. C r e s w e l l , Jr., nizations to the Commission in compli­ ant to the rules and regulations of the Advisory Committee ance with the Federal Fund-Raising Commission. M anagem ent Officer. Manual. Dated at Washington, D.C., May 11, The meeting will be closed to the public [FR Doc.73-9810 Filed 5-15-73;8:45 am] under a determination to do so made 1973. I s a ia h T. C r e s w e l l , Jr., under the provisions of section 10(d) of DELAWARE RIVER BASIN Public Law 92-463. Additional informa­ Advisory Committee COMMISSION tion concerning this meeting may be Management Officer. [Docket No. D-72-227 CP] obtained by contacting the Office of the [FR Doc.73-9813 Filed 5-15-73;8:45 am] TR O U T RUN RESERVOIR 1 Area changed to include JT 2/3. MICHIGAN STATE ADVISORY COMMITTEE Environmental Statement 2 New description. * Deletions indicated by strikeovers, addi­ Agenda and Notice of Open Meeting In accordance with the National En tions by underscores. vironmental Policy Act of 1969 and *• Area changed to include the Pacific. Notice is hereby given, pursuant to the 5 Area changed to include Mid Atlantic. provisions of the rules and regulations of Delaware River Basin Commission s

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 NOTICES 12849 of practice and procedure (sec. 2-3.5.2) The meeting is open to the public. Any C. A. Hartnett Co., be returned to the notice is hereby given of the availability member of th’e public wishing to attend Commission for cancellation. of the Draft environmental statement as or participate or to present a paper It is further ordered, That Independ­ of May 10 which discusses the environ­ should contact Dr. Winfred F. Malone, ent Ocean Freight Forwarder license No. mental impact of the Trout Rim Reser­ staff science advisor, Hazardous Materi­ 180 be and is hereby revoked effectiye voir of the Borough of Boyertown in als Advisory Committee, 202-963-5117. April 25,1973. It is further ordered, That a copy of Earl Township, 2x/2 miles west of the May 11, 1973. Borough of Boyertown, Berks County, t h is order be published in the F ederal Pa. The Draft has been prepared by the A l b e r t C. T r a k o w s k i, R e g is t e r and served upon Clarence A. Commission based on the Borough of Acting Assistant Administrator Hartnett, doing business as C. A. Hart­ Boyertown’s environmental report by for Research and Monitoring. nett Co. A ar o n W . R e e s e . the consultants Glace and Glace of [FR Doc.73-9748 Filed 5-15-73:8:45 am] Harrisburg, Pa., and the Commission’s [FR Doc.73-9715 Filed 5-15-73:8:45 am] staff analysis of the proposed action. FEDERAL MARITIME COMMISSION The proposed action includes the con­ struction of an earthfill dam and re­ BON VIVANT CRUISES, INC. AND FREE­ CERTIFICATES OF FINANCIAL RESPONSI­ location of 1 mile o f highway L.R. 06053 PORT CRUISE LINES, LTD. BILITY (OIL POLLUTION) in creating the 42-acre, 330-million- Issuance of Casualty Certificate Notice of Certificates Revoked gallon water supply reservoir. Notice of voluntary revocation is here­ Copies of the D raft and the applicant’s Notice is hereby given that the follow­ ing have been issued a certificate of by given with respect to certificates of environmental report and supplements financial responsibility (oil pollution) may be examined in the library at the financial responsibility to meet liability incurred for death or injury to passen­ which had been issued by the Federal office of the Delaware River Basin Com­ Maritime Commission, covering the be­ mission, 25 State Police Drive, West gers or other persons on voyages pur­ suant to the provisions of section 2, Pub­ low-indicated vessels, pursuant to part Trenton, N.J., and in the library o f the 542 o f title 46 CFR and section 11, page Water Resources Association of the Dela­ lic Law 89-777 (80 Stat. 1356, 1357) and Federal Maritime Commission general 1 of the Federal Water Pollution Control ware River Basin, 21 South 12th Street Act, as amended. in Philadelphia. Copies of the applica­ order 20, as amended (46 CFR 540) : tion and Draft environmental statement Bon Vivant Cruises, Inc., c/o UB-GO Certificate are available for distribution to persons Travel, Inc., 633 Third Avenue, New York, No. Owner/Operator and Vessels A/S Holmen-Hellefos: Ingeborg or agencies upon request. N.Y. and Freeport Cruise Lines, Inc., Mer­ 01012— A public hearing on the proposed cantile Bank Building, P.O. Box 5, Free­ Rinde. port, Grand Bahama Island, Bahamas. 01064— Reinauer Transportation Compa­ action will be held at the May 23 meet­ nies Inc.: RTC No. 125. ing of the Delaware River Basin Com­ Dated May 9, 1973. 01270— N.V. Mailschip “ Rotterdam” : mission. Formal hearing notices will be F r a n c is C. H ttrney, Rotterdam. sent specifying the daté, time, and place Secretary. 01476— Baroness Shipping Co., Ltd.: At­ at least 10 days prior to the hearing. lantic Baroness. Comments on the subject D raft en­ [FR Doc.73-9712 Filed 5-15-73;8:45 am] 01506___ Maritima Mexicans, S.A.: Don vironmental statement may be submitted Lorenzo. 01765___ Caribbean Steamship Co., S.A.: to the Delaware River Basin Commission [Independent Ocean Freight Forwarder Carl Schmedeman. by public or private agencies or indi­ License No. 180] Suisse Atlantique Societe D’Arma­ viduals concerned with environmental 01805---- C. A. HARTNETT CO. ment Maritime: Los Andes. quality. In order to be considered by the 01854___ Southern Towing Co.: Commission, comments must be submit­ Order of Revocation STC 2507. ted no later than June 24, 1973. STC 2506. By letter dated M arch 29, 1973, Clar­ 01861___ BP Tanker Co., Ltd.: British Of- - W . B r in t o n W h it a l l , ence A. Hartnett, doing business as C. A. fleer, British Beacon. Secretary. Hartnett Co., 161 Prescott Street, East 01935___ Interessentskab MeUem Aktiesel- May 7,1973. Boston, Mass. 02128, was advised by the skabet Dampskibsselskabet Svendorg & Dampskibsselska­ [PRDoc.73-0626 Filed 5-15-73:8:45 am] Federal Maritime Commission that In­ dependent Ocean Freight Forwarder li­ bet AF 1912 Adtieselskab: Sofie cense No. 180, would be automatically Maersk, Dorthe Maersk. environmental p r o t e c t io n revoked or suspended unless a valid 02198---- The Peninsular & Oriental Steam AGENCY Navigation Co.: Garonne. surety bond was filed with the Commis­ 02283___ Naviera Aztlan, S.A.: Lian, Lian h a z a r d o u s m a t e r ia l s a d v is o r y sion on or before April 25, 1973. Dos. COMMITTEE Section 4 4 (c ), Shipping Act, 1916, pro­ 02341— Koninklijke Nederlandsche Stoom- vides that no independent ocean freight boot-Maatscgappi N.V.: Oranje Notice of Meeting forwarder license shall remain in force Nassau, Prins Der Nederlanden, Pursuant to Public Law 92-463, notice unless a valid bond is in effect and on Minos, Medon. is hereby given that a meeting of the file with the Commission. Rule 510.9 of 02358— A/S Ganger Rolf—A/S Bonheu— A/S Borga Den Norske Middel- Hazardous Materials Advisory Commit­ Federal Maritime Commission general havslinje A/S-r-A/S Jenlolinjen: tee will be held at 8:30 a.m., May 29-30, order 4, further provides that a license Borgen, Borgila, Borgsten. 1973, in room 3307, W aterside Mall, 401 will be automatically revoked or sus­ 02433— Arcadia Reederei G.M.B.H. & Co.: M Street SW., Washington, D.C. pended for failure of a licensee to main­ Arcadia Berlin. This is a regularly scheduled meeting tain a valid bond on file. 02477— American Dredging Co.: State of °* “be Committee. The agenda includes Clarence A. Hartnett doing business as Maryland, Herrick. staff director’s report, discussion of the C. A. Hartnett Co., has failed to furnish 02706 Partenreederei M /S “ Adrian” : Ad­ Pesticide Act, review o f toxic substan­ a valid surety bond. rian. ces, progress on herbicide report, en­ By virtue of authority vested in me by 02877__- Nippon Yusen Kabushiki Kaisha: vironmental monitoring program, risks the Federal Maritime Commission as set Awata Maru, Sanuki Maru. versus benefits in trace metals, carbon forth in manual of orders, Commission 02889___ Showa Kaiun K.K.: Haruna Maru. monoxide studies, hazardous waste man­ order No. 1 (revised), section 7.04(g) 02982___ The Shipping Corp. of India Ltd. : agement, ecosystem modeling, member (dated May 1,1972); Vishva Preyas. items of interest, reports by liaison rep­ It is ordered, That Independent Ocean 03073 Freighters, Inc.: Lumber Queen. resentatives from EPA program offices, Freight forwarder license No. 180 of 03135 Compania Naviera Lucretia S.A.: grants review, and adjournment. Clarence A. Hartnett, doing business as Lucretia.

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16, 1973 12850 NOTICES

Certificate tion of passengers for nonperformance amendment, the crane is to be initially No. Owner/Operator and Vessels of transportation pursuant to the provi­ purchased by AML, the purchase price 03141___ Tamar Shipping Co. Ltd.: Ionic sions of section 3, Public Law 89-777 (80 will then be paid to AML by the Port, and Queen. Stat. 1357, 1358) and Federal Mari­ subsequently, AML will reimburse the 03289___ Det Forenede Dampskibsselskab time Commission General Order 20, as Port through an adjustment in its rental. A /S : Alberta. amended (46 CFR Part 540) : The purpose of agreement No. T- 03382___ Endeavour Compañía Naviera, S.A.: Spalmatori Islands. Freeport Cruise Lines, Inc. and Freeport 2640-3 is to modify the basic agreement 03467___ Nichiro Gyogyo K.K.: Kuroshio Cruise Lines, Ltd., Mercantile Bank Build­ so as to allow AML to construct a new Maru No. 37, Kuroshio Maru No. ing, P.O. Box 5, Freeport, Grand Bahama yard office building and lunchroom for 32, Chichibu Maru. Island, Bahamas. its subsidiary, Western Stevedoring, at 03496___ OSG International, Inc., Liberia: Dated May 9,1973. the facility. The construction cost is to Clyde Ore. be provided by the Port, with AML 03500— Kyoyo Kisen K.K.: Kakogawa F r a n c is C . H u r n e y , amortizing the cost over a 40-year period. Maru, Kizugawa Maru. Secretary. 03557-.— Olsen Daughter A/S: Fruen. By order of the Federal Maritime 03 607___ Tank Barge 35, Inc.: Barge 102. [FR Doc.73-9713 Filed 5-15-73:8:45 am] Commission. 04002— Compagnie Des Messageries Mari­ tornes: Gallieni. Dated May 10, 1973. Mon River Towing Inc.: MRBL—24. PORT OF SEATTLE AND AMERICAN MAIL 04113— F r a n c is C . H u r n e y, 04173— Foss Launch & Tug Co.: Foss 98. LINE, LTD. Canada Steamship Lines Limited: Secretary. 04178— Notice of Agreement Filed Cover dale. [FR Doc.73-9716 Filed 5-15-73;8:45 am] 04184___ M/G Transport Services Inc.: Notice is hereby given that the follow­ Barge Intercity 24. ing agreement has been filed with the 04357___ Koninklijke Nedlloyd N.V.: Ou~ [Independent Ocean Freight Forwarder Commission for approval pursuant to License No. 273] werkerk. section 15 of the Shipping Act, 1916, as 04401___ Todd Shipyards Corp.: Popeye. R. B. COMAR, INC. 04563— United New York Sandy Hook amended (39 Stat. 733, 75 Stat. 763, 46 Pilots Association et al: New U.S.C. 814). Order of Revocation York. Interested parties may inspect and ob­ 04564— Yamashita-Shinnihon Kisen Kai- tain a copy of the agreement at the By letter dated April 4, 1973, R. B. sha: Yamawaka Maru. Washington office of the Federal Mari­ Comar, Inc., 194 East Bay Street, 04625— American Commercial Lines, Inc.: time Commission,, 1405 I Street, NW., Charleston, S.C. 29402, was advised by Chem IV. room 1015; or may inspect the agreement the Federal Maritime Commission that 05114___ N. V. Stoomvaaxtmaatschappij “ De independent ocean freight forwarder Maas” : Pendrecht. at the field offices located at New York, N.Y., New Orleans, La., and San Fran­ license No. 273 would be automatically 05147___ Arne Presthus Rederi A/S: Anna revoked or suspended unless a valid Presthus. . cisco, Calif. Comments on such agree­ 05500___ Petróleos Mexicanos: Petroquí­ ments, including requests for hearing, surety bond was filed with the Commis­ mica I. may be submitted to the Secretary, Fed­ sion on or before May 1, 1973. 05530— Consolidated Towing Co.: Melinda eral Maritime Commission, Washington, Section 44(c), Shipping Act, 1916, pro­ B. D.C. 20573, on or before June 5, 1973. vides that no independent ocean freight 05630— Newport News Shipbuilding & Dry Any person desiring a hearing on the forwarder license shall remain in force Dock Co.: Forebody of Tanker unless a valid bond is in effect and on Colorado. proposed agreement shall provide a clear and concise statement of the matters file with the Commission. Rule 510.9 of 05722-_- OBO Shipping Corp.: Hexagram. Federal Maritime Commission general 05735___ Solstad Rederi A/S Skips A/S upon which they desire to adduce evi­ Solhav & Co., Skips A/S Soltun dence. An allegation of discrimination or order 4, further provides that a license & Co.: Concordia Fonn, Sol unfairness shall be accompanied by a will be automatically revoked or sus­ Tulla, Soldrott. statement describing the discrimination pended for failure of a licensee to main­ 05895— Black Navigation Co., Inc.: Aniak, tain a valid bond on file. Stony. or unfairness with particularity. If a vio­ lation of the act or detriment to the R. B. Comar, Inc., has failed to furnish 05970— Toro Transportation Co.: Pete. a valid surety bond. 05978___ Goldwyn Shipping Co., Ltd.: commerce of the United States is alleged, Golden Venture. the statement shall set forth with par­ By virtue of authority vested in me by 05998— Navarino Shipping & Transport ticularity the acts and circumstances the Federal Maritime Commission as set Co. Ltd.: Humanity. said to constitute such violation or detri­ forth in manual of orders, Commission 06065— K/S Norfold A/S & Co.: Ross ment to commerce. order No. 1 (revised) § 7.04(g) (dated Sound. A copy of any such statement should May 1, 1972) ; 06389— Sears Oil Co., Inc.: Albany Sears. It is ordered, That independent ocean 06416— Kadmilos Compañía Maritirpa also be forwarded to the party filing the S.A.: Kadmilos. agreement (as indicated hereinafter) freight forwarder license No. 273 of R. B. 06492— Transitoil Corp.: Delaware, New and the statement should indicate that Comar, Inc., be returned to the Commis* Jersey. this has been done. sioh for cancellation. 06566— Occidental Petroleum Corp.: JLS Notice of agreements filed by: It is further ordered, That independent 2. ocean freight forwarder license No. 273 06570— Kristian Jebsen (U.K.) Ltd.: Mr. Alvin L. Sklow, Director of Real Estate, Borgnes. Port of Seattle, P.O. Box 1209, Seattle, be and is hereby revoked effective May l. 07042— Mundial Compañía Naviera S.A.: Wash. 98111. 1973. Adel fotis. Agreements Nos. T-2640-1, T-2640-2, i It is further ordered, That a copy 07119___ Armosy Corp.: Lattuga. and T-2640-3, between the Port of of this order be published in the F ederal By the Commission. Seattle (Port) and American Mail Line, R e g is te r and served upon R . B. Comar, Ltd. (AML), modify the basic agreement Inc. F r a n c is C . H u r n e y , between the parties, which provides for A aro n W . R eese. Secretary. the 5-year lease to AML of Terminal 25, [FR Doc.73-9714 Filed 5-15-73;8:45 am] [FR Doc.73-9717 Filed 5-15-73:8:45 am] Seattle, Wash. The purpose of agreement No. T2640-1 [Docket No. 73-26] FREEPORT CRUISE LINES, INC. AND is to modify the provisions relating to FREEPORT CRUISE LINES LTD. waiver of subrogation with respect to TM T TRAILER FERRY, INC. insurance under the basic agreement. Issuance of Performance Certificate Order of Investigation and Suspension The purpose of agreement No. T- Effective May 11, 1973, TMT Trailer Notice is hereby given that the follow­ 2640-2 is to provide for the purchase of ing have been issued a certificate of an additional mobile gantry crane for Ferry, Inc. (Thomas J. K irk la n d , Trus­ financial responsibility for indemnifica­ AML’s use at the facility. Under this tee) (TMT) proposes to amend the soutn- bound “Furniture, N.O.S.” item in

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 NOTICES 12851 tariff FMC-F No. 5 between Miami and this proceeding has been disposed of or CFR 502.72) with a copy to all parties Jacksonville, Fla., and ports in Puerto until the period of suspension has ex­ to this proceeding. Rico. The proposed changes will estab­ pired, whichever comes first, unless By the Commission. lish, inter alia, maximum rates of $825 otherwise ordered by the Commission. per 40 ft trailer not exceeding a capacity It is further ordered, That pursuant to [ s e a l ] F r a n c is C. H u r n e y , of 2,750 ft3 and $895 per 40 ft trailer ex­ section 16 first o f the Shipping Act, 1916, Secretary. ceeding this capacity. TMT’s currently a determination shall be made as to [FR Doc.73-9718 Filed 5-15-73:8:45 am] effective maximum charges on “Furni­ whether TMT’s current and/or proposed ture, N.O.S.” are $865 for either a 35 ft rates on “Furniture N.O.S.” give any un­ OFFICE OF MANAGEMENT AND trailer of 2,248 ft3 or a 40 ft trailer o f due or unreasonable preference or ad­ BUDGET 2 533 ft3. vantage to certain shippers or subject A protest was filed by Sea-Land Serv­ other shippers to any undue or unrea­ ADVISORY COMMITTEE MANAGEMENT sonable prejudice or disadvantage. ice, Inc. (Sea-Land) alleging that the Proposed OMB Guidelines proposed changes are violative of sections It is further ordered, That pursuant to 16 first and 18(a) of the Shipping Act, section 18(a) o f the Shipping Act, 1916, The Federal Advisory Committee Act, 1916, and rule 5(g) of Tariff Circular No. and section 4 of the Intercoastal Shipping Public Law 92-463, assigns to the Direc­ 3 (46 CFR 531.5(g)). Act, 1933, a determination shall be made tor of the Office of Management and An analysis of the tariff matter by the as to whether TMT’s current and/or pro­ Budget responsibility for prescribing “ad­ Commission’s staff has resulted in a rec­ posed rates on “Furniture, N.O.S.” are ministrative guidelines and management ommendation for suspension o f the pro­ just and reasonable. controls applicable to advisory commit­ posed changes and an investigation of It is further ordered, That copies of tees.” Pursuant to that authority and Ex­ both the current and proposed rates on this order shall be filed with the appro­ ecutive Order 11686 (1972), the Director “Furniture, N.O.S.” . The basis for this priate tariff schedules in the Bureau of has proposed issuance of guidelines im­ recommendation is the discrim ination in ­ Compliance of the Federal Maritime plementing section 11 of the act. herent in maximum rates which apply Commission. After comments on the guidelines have equally to equipment of widely divergent, It is further ordered, That TMT been received and analyzed, its provi­ sizes. Trailer Ferry, Inc. (Thomas J. Kirkland, sions will be revised as appropriate, and Upon consideration of the above mat­ Trustee), be named as respondent in this incorporated in the final guidelines im­ ters, the Commission is o f the opinion proceeding. plementing this act. that both TMT’s proposed and current It is further ordered, That Sea-Land Interested persons are invited to sub­ rates1 on “Furniture, N.O.S.” should be Service, Inc. be named as complainant mit legal and other comments on the made the subject of a public investiga­ in this proceeding in accordance with the tion and hearing to determine whether Commission’s rules of practice and pro­ proposed guidelines by June 15, 1973. they are unjust, unreasonable or other­ cedure. Such comments should be sent, in dupli­ wise unlawful under sections 16 first and It is further ordered, That the provi­ cate, to the Director, Office of Manage­ 18(a) of the Shipping Act, 1916, a n d /or sions of rule 12 of the Commission’s rules ment and Budget, Attention: Committee sections 3 and 4 of the Intercoastal Ship­ of practice and procedure which require Management Secretariat, New Executive ping Act, 1933, and good cause appearing, leave of the Commission to take testi­ therefore: Office Building, Washington, D.C. 20503, mony by deposition or by written inter­ with a copy to the Office o f Legal Counsel, It is ordered, That, pursuant to the rogatory if notice thereof is served with­ authority of section 22 o f the Shipping in 20 days of the commencement of the Department of Justice, Washington, Act, 1916, and section 3 of the Inter­ proceeding, are hereby waived for this D.C. 20530. coastal Shipping Act, 1933, an investiga­ proceeding inasmuch as the expeditious V e l m a N . B a l d w in , tion is hereby instituted into the lawful­ conduct of business so requires. The pro­ Assistant to the Director for Ad­ ness of the subject rates and charges for vision of rule 12(h) which requires leave ministration, Office of Man­ the purpose of making such findings and of the Commission to request admissions agement and Budget. orders as the facts and circumstances of fact and genuineness of documents if warrant. In the event that the tariff mat­ Guidelines for Section 11, Public Law notice thereof is served within 10 days of 92-463 ters hereby placed under investigation commencement of the proceeding, is are further changed, amended, or reis­ similarly waived. This section provides that copies of tran­ sued, such changes are hereby ordered to scripts of agency proceedings or advisory be made a part of this investigation. It is further ordered, That this pro­ committee meetings shall he made available It is further ordered, That pursuant ceeding be assigned for public hearing to any person at actual cost of duplication. before an administrative law judge of Section 11 does not impose a requirement to section 3, Intercoastal Shipping Act, that transcripts be made of agency proceed­ 1933, item No. 1097.1 on 13th revised the Commission’s Office of Administra­ tive Law Judges and that the hearing be ings or advisory committee meetings. Section page 96 of TMT Trailer Ferry Inc.’s 11 relates to the availability of transcripts Tariff FMC-F No. 5 is hereby suspended held at a date and place to be determined which are prepared as a result of other re­ and the use thereof deferred to and in­ by the presiding administrative law quirements. Under section 10(b) of the Fed­ cluding September 10,1973, unless other­ judge. eral Advisory Committee Act, the availability wise ordered by the Commission. It is further ordered, That (I) a copy of transcripts of advisory committee meet­ . “ J f further ordered, That there shall of this order bo forthwith served upon ings is subject to the provisions of the the respondent and complainant herein Freedom of Information Act, 5 U.S^3. 552(b). filed immediately by TM T Trailer A distinction should be made between the E 7 Inc< (Thomas J. Kirkland, Trus- and upon the Commission’s Bureau of cost of transcription services and the cost of "C61. a consecutively numbered supple­ Hearing Counsel, and published in the making copies of the transcript. The former ment to its tariff FMC-F No. 5 which F ederal R e g is t e r ; and (II) the respond­ is to be borne by the Government and not upplement shall bear no effective date, ent, complainant and Hearing Counsel passed on to participants in the proceeding _,a~1 ^Produce the portion of this order be duly served with notice of time and or other interested persons. In pricing the 5J*em the suspended matter is de- place of the hearing. copies of transcripts, “actual cost of duplica­ tion” should be understood to mean the price shall state that the afore- All persons (including individuals, cor­ that would be paid to a commercial dupli­ n susPended and may not be porations, associations, firms, partner­ cating firm in a competitive market. This t sea untl1 September 11, 1973, and that ships, and public bodies) having an in­ amount may therefore include overhead and Ph-^^P^ded matter may not be terest in this proceeding and desiring to profit. sed except as ordered herein until intervene herein should notify the Secre­ Each agency should assure that transcripts tary of the Commission promptly and file are made available within a reasonable time petitions for leave to intervene in ac­ of the proceeding or meeting. Regarding N Jft currently effective rate on “ Furnit agency proceedings, the determination of vised rvoîf ^.0wn in ltem 1097.1 on 11th cordance with rule 5(1) of the Commis­ timing (rush, daily, ordinary, etc.) should ** page 96 of TMT’s tariff FMC-F No. i sion’s rules of practice and procedure (46 be based upon the agency’s needs and also

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 12852 NOTICES

the reasonable needs of parties. Considera­ the representations as set forth therein, tion should be given to the requirements of a in this matter, including the date of the fair hearing and the nature of the which are summarized below. o f Investment Management Regulation proceeding. Applicant registered under the Act on ments thereof. August 24, 1970, by filing a Form N-8A, Contractual provisions should be used Notification of Registration. On that For the Commission, by the Division whereby parties or other persons, upon same date, Applicant filed a Form N-8R- o f Investment Management Regulation, advance request, may obtain copies of 1, Registration Statement under the Act pursuant to delegated authority. transcripts on a basis that will meet rea­ together with a Form S-5, Registration [ s e a l ] R o n ald F. Hunt, sonable time requirements imposed by Statement under the Securities Act of Secretary. the proceedings. There may be situations 1933 (1933 A ct), which 1933 A ct Regis­ [PR Doc.73-9635 Piled 5-15-73;8:45 am] in which a private party wishes to have tration Statement became effective on a transcript even sooner than that August 30, 1971. [70-5343] deemed reasonable by the agency. Al­ Applicant states that at a November 1, though the agency has no responsibility 1972, meeting o f its shareholders, the ARKANSAS POWER & LIGHT CO. to provide such earlier copy, it may wish holders of a majority of its outstanding Notice of Proposed Issue to provide a mechanism by which the shares approved the winding up and dis­ private party may pay the extra ex­ solution of Applicant, and that on No­ M a y 7,1973. pense entailed for such copy (i.e., the vember 10, 1972, Applicant filed for dis­ Notice is hereby given that Arkansas incremental cost resulting from the ex­ solution under the laws of the State of Power & Light Co. (Arkansas), Ninth pedited delivery). The agency should California. As o f March 13, 1973, there and Louisiana Streets, Little Rock, Ark. thereafter assure that copies can be ob­ were two beneficial owners of shares of 72203, an electric utility subsidiary com­ tained at actual cost of duplication by Applicant’s outstanding stock, and no pany of Middle South Utilities, Inc., a any person within a reasonable time. company owned more than 10 percent of registered holding company, has filed an Section 11 does not preclude agency said shares. application with this Commission, pur­ activities in handling indigent cases. No public offering of Applicant’s secu­ suant to the Public Utility Holding Com­ [PR Doc.73-9632 Piled 5-15-73;8:45 am] rities is being made presently and no such pany A ct o f 1935 (A c t), designating offering is presently proposed for the section 6(b) of the Act and rule 50 pro­ future. mulgated thereunder as applicable to the SECURITIES AND EXCHANGE Section 3 (c) (1) of the Act excepts from proposed transaction. All interested per­ COMMISSION the definition of an investment company sons are referred to the application, [File 500-1] any issuer whose outstanding securities which is summarized below, for a com­ are beneficially owned by not more than plete statement o f the proposed transac­ AADAN CORP. 100 persons, and which is not making and tion. Order Suspending Trading does not propose to make a public offer­ Arkansas proposes to issue and sell, M a y 7, 1973. ing of its securities. subject to the competitive bidding re­ Section 8(f) of the Act provides, in quirements of rule 50 promulgated under It appearing to the Securities and Ex­ pertinent part, that when the Commis­ the Act, $40 m illion principal amount of change Commission that the summary sion, upon application, finds that a regis­ its first mortgage bonds, ------percent suspension of trading in the common tered investment company has ceased to series due 2003 (B onds). The interest stock, $0.10 par value, and all other secu­ be an investment company, it shall so rate on the Bonds (which will be a multi­ rities o f Aadan Oorp., being traded other­ declare by order, and upon the taking ple of one-eighth of 1 percent) and the wise than on a national securities ex­ effect of such order the registration of price, exclusive of accrued interest, to be change is required in the public interest such company shall cease to be in effect. paid to Arkansas (which will be not less and for the protection of investors; Notice is hereby given that any inter­ than 100 percent nor more than 102% It is ordered, Pursuant to section 15 ested person may, not later than May 29, percent of the principal amount thereof) (c) (5) of the Securities Exchange Act of 1973, at 5:30 p.m., submit to the Com­ will be determined by the competitive 1934, that trading in such securities mission in writing a request fo r a hearing bidding. The Bonds will be issued under otherwise than on a national securities on the matter accompanied by a state­ Arkansas’ Mortgage and Deed of Trust exchange be summarily suspended, this dated as o f October 1, 1944, to Morgan order to be effective for the period from ment as to the nature of his interest, the May 8, 1973, through May 17, 1973. reason for such request, and the issues, Guaranty Trust Co. of New York and if any, of fact or law proposed to be con­ John W. Flaherty, as successor trustees, By the Commission. troverted, or he may request that he be as heretofore supplemented and as to be notified if the Commission should order further supplemented by a 24th supple­ [ s e a l ] R on ald P . H u n t , Secretary. a hearing thereon. Any such communica­ mental indenture to be dated as of June tion should be addressed: Secretary, Se­ 1, 1973, which includes a prohibition un­ [PR DOC.73-9633 Piled 5-15-73:8:45 am] curities and Exchange Commission, til June 1, 1978, against refunding the Washington, D.C. 20549. A copy of such Bonds with the proceeds of funds bor­ [811-2104] request shall be served personally or by rowed at a lower effective interest cost. mail (airmail if the person being served AMERICAN PATRIOTS FUND, INC. Arkansas proposes to use the net pro­ is located more than 500 miles from the ceeds from the sale of the Bonds for the Notice of Filing of Application point of mailing) upon Applicant at the payment of bank loans and commercial M a y 7, 1973. address stated above. Proof of such serv­ paper indebtedness approximating $3* ice (by affidavit, or in case of attorney m illion incurred or estimated to be in­ Notice is hereby given that American at law, by certificate) shall be filed con­ curred prior to the completion of the Patriots Fund, hue. (Applicant) , 39 Quail temporaneously with the request. At any proposed financing and to pay part oi Court, Walnut Creek, Calif., 94596, a time after said date, as provided by Rule the cost o f its 1973 construction program California corporation registered as a 0-5 of the rules and regulations promul­ (estimated at $170,600,000). Arkansas diversified open end management in­ gated under the Act, an order disposing estimates that it will require approxi­ vestment company under the Investment of the application herein may be issued mately $79 million of additional funas Company Act o f 1940 (A c t), has filed an by the-Commission upon the basis of the to finance its 1973 construction program application pursuant to section 8(f) of information stated in such application, , which funds are expected to be obtained the Act for an order of the Commission unless an order for a hearing upon said declaring that Applicant has ceased to be through short-term borrowings from application shall be issued upon request banks, the issuance and sale o f com­ an investment company as defined in the or upon the Commission’s own motion. Act. All interested persons are referred Persons who request a hearing, or advice m ercial paper, and the sale of securities, to the application, as amended, on file as to whether a hearing is ordered, will the nature and amount of which have with the Commission for a statement of receive notice of further developments not been determined.

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M A Y 16. 1973 NOTICES 12853

Pees and expenses to be incurred by suspension of trading in such securities Harvey Ness on such exchanges and otherwise than Haskell O sborne Arkansas in connection with the pro­ Hodgeman Ottawa posed transaction are estimated at $134,- on a national securities exchange is re­ Jackson Pawnee 000 including counsel fees o f $31,500 quired in the public interest and for Jefferson Pottawatomie and trustees’ fees o f $14,000. The fees the protection o f investors; K ingm an Pratt of counsel for the underwriters, to be It is ordered, Pursuant to sections 19 K iow a R en o paid by the successful bidders, are esti­ (a)(4) and 15(c)(5) of the Securities L abette R ice mated at $11,500. Exchange A ct of 1934, that trading in L in coln R ush The application states that the Ar­ such securities on the above-mentioned L inn Russell exchange and otherwise than on a na­ Lyon Saline kansas Public Service Commission and M arshall Sedgw ick the Tennessee Public Service Commis­ tional securities exchange be summarily M arion Seward sion have authorized the issuance and suspended, this order to be effective for Meade Shawnee sale of the Bonds; and that no other the period from May 8, 1973, through Miami Stafford State commission and no Federal com­ May 17,1973. M ontgom ery Stevens Sum ner mission, other than this Commission, By the Commission. M órris has jurisdiction over the proposed Nemaha Washington [ s e a l ] R on ald F. H u n t , transaction. Applications may be filed at the: Notice is further given that any in­ Secretary. terested person may, not later than [FRDoc.73-9634 Filed 5-15-73;8:45 am] Small Business Administration, Regional Of­ June 1, 1973, request in writing that a fice, 911 Walnut Street, Kansas City, Mo. 64106. hearing be held on such matter, stating SMALL BUSINESS ADMINISTRATION the nature of his interest, the reasons and at such temporary offices as are es­ for such request, and the issues of fact [Notice of Disaster Loan Area 967] tablished. Such addresses will be an­ or law raised by said application which ALABAMA nounced locally. Applications will be pro­ he desires to controvert; or he may re­ cessed under the provisions of Public quest that he be notified if the Commis­ Notice of Disaster Relief Loan Availability Law 92-385. sion should order a hearing thereon. Any A m e n d m e n t 3 Applications for disaster loans under such request should be addressed; Sec­ As a result of the President’s declara­ this announcement must be filed not retary, Securities and Exchange Com­ later than July 3, 1973. mission, Washington, D.C. 20549. A copy tion of the State of Alabama as a major of such request should be served person­ disaster area following severe flooding Dated May 4,1973. and tornadoes which began on or about ally or by mail (airmail if the person T homas S. K leppe, being served is located more than 500 March 14, 1973, applications for disaster Administrator. relief loans will be accepted by the Small miles from the point of mailing) upon [FR Doc.73-9638 Filed 5-15-73:8:45 am] the applicant at the above-stated ad­ Business Administration from flood vic­ dress, and proof of service (by affidavit tims in the following additional coun­ or, in case of an attorney at law, by ties: Baldwin, Escambia, and Mobile. TARIFF COMMISSION (See 38 FR 8700, 38 FR 9626, and 38 FR certificate) should be filed with the re­ [337—L-61] quest. At any time after said date, the 11378.) application, as filed or as it may be Applications may be filed at the: DUAL INLINE REED RELAYS amended, may be granted as provided Small Business Administration, District Of­ Notice of Complaint Received in rule 23 of the general rules and regu­ fice, 908 South 20th Street, Birmingham, Ala. 35205. The U.S. Tariff Commission hereby lations promulgated under the Act, or gives notice of the receipt on March 27, the Commission may grant exemption and at such temporary offices as are es­ 1973, of a com plaint under section 337 from such rules as provided in rules tablished. Such addresses will be an­ of the Tariff Act of 1930 (19 U.S.C. 1337), 20(a) and 100 thereof or take such other nounced locally. filed by Grigsby Barton, Inc., of Rolling action as it may deem appropriate. Per­ Applications for disaster loans under Meadows, HI., alleging unfair methods of sons who request a hearing or advice as this announcement must be filed not competition and unfair acts in the im­ to whether a hearing is ordered, will re­ later than July 2,1973. portation and sale of dual inline reed re­ ceive notice of further developments in Dated May 3,1973. lays which are embraced within the this matter, including the date o f the claims of TJ.S. Patent No. 3,575,678 owned hearing (if ordered) and any postpone­ T h o m a s S. K l e p p e , ments thereof. by the complainant. In addition, com­ Administrator. plainant is alleging unfaft methods of For the Commission by the Division [FR Doc.73-9637 Filed 5-15-73;8:45 am] competition and unfair acts in an alleged of Corporate Regulation, pursuant to agreement combination and conspiracy delegated authority. of respondent and others to form a group [Notice of Disaster Loan Area 979] to boycott and refuse to deal with [seal] R onald F . H u n t , Secretary. KANSAS Grigsby Barton, Inc., to refuse to accept any patent, and to act collectively to [PRDoc.73-9636 Filed 6-15-73;8:45 am] Notice of Disaster Relief Loan Availability relinquish or inhibit their individual As a result of the President’s declara­ freedom in dealing with Grigsby Barton, [File 500-1] tion of the State of Kansas as a major Inc., in violation of the antitrust laws disaster [irea following severe storms and of the United States. C. P. Clare & Co., GOODWAY INC. flooding, beginning on or about March 5, 3101 Pratt Boulevard, Chicago, HI., has Order Suspending Trading 1973, applications for disaster relief loans been named as either importing or offer­ May 7, 1973. will be accepted by the Small Business ing for sale the subject product. Administration from flood victims in the In accordance with the provisions of f^ e common stock, $0.10 par value following counties: § 203.3 of its rules of practice and pro­ AVv.G^°^way Inc-» being traded on the cedure (19 CFR 203.3), the Commission American Stock Exchange, pursuant tc A tch ison Coffey has initiated a preliminary inquiry into P ovisions of the Securities Exchange Barber C raw ford B arton D ickinson the issues raised in the complaint for p ” ?*- 1934 and all other securities oi the purpose of determining whether ooaway inc., being traded otherwise B ou rbon D on iph an Brow n Edwards there is good and sufficient reason for a on a national securities exchange; B utler E llsw orth full investigation, and if so whether the Chautauqua F ord Commission should recommend to the ^appearing to the Securities and Ex_ Cherokee G ray mnge Commission that the summary Clark Harper President the issuance of a temporary

FEDERAL REGISTER, VOL. 38, N O . 94— WEDNESDAY, M A Y 16, 1973 12854 NOTICES

exclusion from entry under section on file with the Commission, their can­ signments only and does not include 337(f) of the Tariff Act. cellation is not subject to suspension un­ cases previously assigned hearing dates. A copy of the complaint is available der section 15(7) of the act; The hearings will be on the issues as for public inspection at the Office of the And it further appearing, that the presently reflected in the official docket Secretary, U.S. Tariff Commission, 8th petition in No. 35831 presents issues sim­ of the Commission. An attempt will be and E Streets NW., Washington, D.C., ilar to those in the complaint in No. made to publish notices of cancellation and at the New York office of the Tariff 35835; and that these matters should of hearings as promptly as possible, but Commission located in room 437 o f the thus be handled concurrently; interested parties should take appropri­ Customhouse. W herefore, and for good cause: ate steps to insure that they are notified Information submitted by interested It is ordered, That the petition in No. of cancellation or postponements of persons which is pertinent to the afore­ 35831 be, and it is hereby granted to the hearings in which they are interested. mentioned preliminary inquiry will be extent indicated below; and that, in all No amendments will be entertained after considered by the Commission if it is re­ other respects, the petition be, and it is the date of this publication. ceived not later than June 26, 1973. Ex­ hereby, denied. It is further ordered, That, pursuant AB—8 sub 2, Denver & Rio Grande Western tensions of time for submitting informa­ Railroad Co., abandonment between Mont­ tion will not be granted unless good and to sections 1(14) (a), 12(1), and 13(2) rose and Ridgeway, Montrose and Ouray sufficient cause is shown thereon. Such of the Interstate Commerce Act, an in­ Counties, Colo., now being assigned hear­ information should be sent to the Sec­ vestigation be, and it is hereby, instituted ing July 10, 1973 (3 days), at Montrose, retary, U.S. Tariff Commission, 8th and into the matters and things discussed Colo., in a hearing room to be later E Streets NW., W ashington, D.C. 20436. above, to determine the extent of the designated. A signed original and 19 true copies of Commission’s jurisdiction, and to take MC-104523 sub 53, H u ston T ruck Line, Inc, each document must be filed. such action as may be warranted in the now being assigned hearing July 13, 1973 circumstances. (1 day), at Denver, Colo., in a hearing By order of the Commission: room to be later designated. It is further ordered, That the follow­ MC—108207 sub 365, Frozen Food Express, I seal] K enneth R. M ason, ing common carriers by railroad be, and lnc. , now being assigned hearing July 16, Secretary. they are hereby, made respondents in No. 1973 (1 w eek ), at Chicago, HI., in a hear­ ing room to be later designated. [PR Doc.73-9706 Filed 5-15-73;8:45 am] 35831: The Alabama Great Southern Railroad Co.; Central of Georgia Rail­ MC—78786 sub 268, Pacific Motor Trucking Co, way Co.; the Cincinnati, New Orleans, extension of common carrier operations, INTERSTATE COMMERCE and Texas Pacific Railway Co.; Georgia now being assigned hearing July 9, 1973 (3 weeks), at San Francisco, Calif, in a hear­ COMMISSION Southern and Florida Railway Co.; Illi­ nois Central Gulf Railroad Co.; Louis­ ing room to be later designated. [Nos. 35831; 35835] AB—5 sub 131, George P. Baker, Richard C. ville and Nashville Railroad Co.; Sea­ Bond, and Jervis Langdon, Jr, trustees AMERICAN EXPORT LINES, INC., ET AL. board Coast Line Railroad Co.; and of the property of Penn Central Trans­ Southern Railroad Co. portation Co, debtor, abandonment be­ Container Interchange Contracts; Petition It is further ordered, That No. 35835, tween Richmond and New Castle, Wayne for Investigation' be, and it is hereby, consolidated with and Henry Counties, 2nd, now being as­ At a session of the Interstate Com­ No. 35831 fo r disposition on a common signed Ju ly 16, 1973 (2 days), at Rich­ merce Commission, Division 2, held at its mond, Ind, in a hearing room to be later record. designated. office in Washington, D.C., on the 4th It is further ordered, That these pro­ AB-5 sub 132, George P. Baker, Richard C. day of May 1973. ceedings be assigned for oral hearing at B ond, and Jervis Langdon, J r , trustees of Upon consideration of the petition filed a time and place to be fixed hereafter. . the property o f Penn Central Transpor­ on April 16, 1973, by the Drug and Toilet It is further ordered, That the atten­ tation Co, debtor, abandonment between Preparation Traffic Conference (No. tion of other interested parties be, and El wood and Kokomo, Madison, Tipton, 35831) requesting the Commission to in­ it is hereby, directed to the provisions of and Howard Counties, Ind, now being as­ stitute an investigation into the lawful­ rule 73 of the Commission’s general rules signed July 19, 1973 (2 days), at Kokomo, lnd, in a hearing room to be later desig­ ness of the cancellations of marine con­ of practice, 49 CFR § 1100.73, which per­ nated. tainer interchange agreements by Illinois mits an appearance to be entered at the MC—83539 sub 359, C & H Transportation Co, Central Gulf Railroad Co., Louisville and hearing without filing a petition in inter­ Inc, now being assigned July 23, 1973 Nashville Railroad Co., Seaboard Coast vention or other pleading under the cir­ (1 week), at Chicago, 111, in a hearing Line Railroad Co., and the Southern cumstances set forth therein, and which room to be later designated. Raliway System (the Alabama Great makes persons entering such an appear­ AB-1 sub 12, Chicago and North Western Southern Railroad Co. ; Central of Geor­ ance parties to the proceeding. Transportation Co, abandonment between And it is further ordered, That notice Albert Lea, Minnesota, and Lake Mills, gia Railway Co.; the Cincinnati, New Or­ Iowa, in Freborn County, Minn, and Win­ leans, and Texas Pacific Railway Co.; of this action be given to the general pub­ nebago and W orth Counties, Iowa, now Georgia Southern and Florida Railway lic by depositing a copy of this order in being assigned hearing July 10, 1973 (2 Co.; and Southern Railway Co.) as well the office , of the Commission’s Secretary days), at Albert Lea, Minn, in a hearing as the lawfulness of the rates and charges and by delivering a copy to the Director, room to be later designated. on export-import traffic resulting from Division of the Federal Roister, for pub­ W -81 sub 3, M cAllister Lighterage Line, Inc, the cancellations of such agreements and lication in the F ederal R egister. et al, now being assigned July 23, 1973, at further requesting that the cancellations This is not a major Federal action sig­ the Offices of the Interstate Commerce Commission, Washington, D.C. be suspended by the Commission; and nificantly affecting the quality of the MC 51146 sub 300, Schneider Transport, Inc, the replies thereto filed on April 18,1973, human environment within the meaning et al, now being assigned July 24, 1973, at by the Illinois Central Gulf Railroad Co., of the National Environmental Policy Act the Offices of the Interstate Commerce and on April 22, 1973, by the Louisville of 1969. Commission, Washington, D.C. and Nashville Railroad Co.; and By the Commission, Division 2. AB 7’ sub 8, Chicago, Milwaukee, St. Paul> It appearing, that the cancellations of and Pacific Railroad Co. abandonment be­ the interchange agreements relating to [seal] R obert L. O swald, tween St. Clair Junction and St. Clair, in Secretary. F reeborn and B lue Earth Counties, Minn, marine trailers and containers raise n ow assigned June 6, 1973, will be held ® grave problems relating to coordinated [FR Doc.73-9729 Filed 5-15-73;8:45 am] the multipurpose room, city center, 2 intermodal transportation in the foreign Clark Street, Albert Lea, Minn. commerce of the United States and may MC 136744, Kashmark Trucking, Inc- how also result in rates, charges, rules, regu­ [Notice 243] assigned June 4, 1973, will be held at lations, and practices which are unlawful ASSIGNMENT OF HEARINGS Federal and TJ.S. courthouse, 316 Rooen Street, St. Paul, Minn. .. in that they may violate the national MC 135987 sub 2, R. A. Carbol Trailway Lta, transportation policy as well as sections M ay 11, 1973. Cases assigned for hearing, postpone­ now assigned May 14, 1973, at Sea 1(4), 1(5), l(6)*rl(ll), 1(13), 2, 3(1), 6, Wash, is canceled. __ „+.r71 and 7 of the Interstate Commerce Act: ment, cancellation or oral argument ap­ A B -1 su b 11, C hicago & North West* It further appearing, that, since the pear below and will be published only T ransportation C o , Abandonm ent betwe agreements are not contained in tariffs once. This list contains prospective as­ Hayfield and Austin, in Dodge and mow

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 NOTICES 12855

Counties, Minn., now being assigned bear­ Protests against the use of any pro­ Snyder, Tex., thence over U.S. Highway ing July 12, 1973 (2 days), at Austin, posed deviation route herein described 84 to Lubbock, Tex., and return over the Minn., in a hearing to be later designated. may be filed with the Interstate Com­ same route. MC-F-11716, Smith’s Transfer Corp.—pur­ chase—Trans-Illinois Express, Inc., and merce Commission in the manner and No. MC-43421 (deviation No. 32), M C-110683 sub 88, Smith’s Transfer Corp., form provided in such rules (49 CFR DOHRN TRANSFER CO., P.O. Box 1237, now being assigned hearing July 16, 1973 1042.4(c) (12)) at any time, but will not Rock Island, HI. 61202, filed April 27, (1 week), at Chicago, 111., in a hearing operate to stay commencement of the 1973. Carrier’s representative: Edward room to be later designated. proposed operations unless filed within G. Bazelon, 39 South La Salle Street, MC 124078 sub 518, Schwerman Trucking Co., 30 days from the date of publication. now assigned June 13, 1973, at St. Chicago, 111. 60603. Carrier proposes to Successively filed letter-notices of the operate as a common carrier, by motor Paul, Minn., is cancelled and application same carrier under the Commission’s dismissed. vehicle, of general commodities, with “Revised Deviation Rules—Motor Car­ certain exceptions, over a deviation [seal] R obert L. O swald, riers of Property, 1969,” will be num­ route as follows: From Peroria,-HI., over . Secretary. bered consecutively for convenience in Interstate Highway 74 to junction [FR Doc.73-9728 Filed 5-15-73;8:45 am] identification and protests, if any, should refer to such letter-notices by number. Illinois Highway 121 (near Morton, 111.), thence over Illinois Highway 121 to junc­ M otor Carriers of P roperty [S.O. No. 1112; Exception 5] tion U.S. Highway 66, thence over U.S. No. MC-9269 (deviation No. 1), BEST Highway 66 to junction Interstate High­ ILLINOIS CENTRAL GULF RAILROAD CO. WAY MOTOR FREIGHT, INC., 1765 way 270, thence over Interstate Highway Exception to Car Service Order Sixth Avenue South, Seattle,' Wash. 270 to St. Louis, Mo., and return over the same route, for operating conven­ It appearing, that there will be a large 98134, filed April 26, 1973. Carrier’s rep­ resentative : George R. LaBissoniere, 130 ience only. The notice indicates that shipment of concrete pipe originating at the carrier is presently authorized to Price, Miss., on the Illinois Central Gulf Andover Park East, Seattle, Wash. 98188. Carrier proposes to operate as a common transport the same commodities, over a Railroad Co. requiring the use of plain pertinent service route as follows: From flatcars of 140,000 lb or greater capacity; carrier, by motor vehicle, of general com­ modities, with certain exceptions, over a Peroria, 111., over U.S. Highway 24 to that assembly of the necessary cars Banner, HI., thence over Illinois High­ cannot be accomplished without the deviation route as follows; From Ice Harbor Dam site over unnumbered road way 9 to Canton, HI., thence over Illinois holding of a portion of the cars in excess Highway 78 to Virginia, 111., thence over of the time periods authorized by the to junction Washington Highway 124, thence over Washington Highway 124 Hlinois Highway 7B (formerly U.S. High­ provisions of service order No. 1112, sec­ way 67) to junction U.S. Highway 67, tion (a), paragraph (2). to junction U.S. Highway 395, thence over U.S. Highway 395 to Ritzville, thence over U.S. Highway 67 to junction It is ordered, That, pursuant to the Alternate U.S. Highway 67 (formerly authority vested in the Railroad Service Wash., and return over the same route, for operating convenience only. The U.S. Highway 67), thence over Alternate Board by service order No. 1112, Section U.S. Highway 67 to junction Highway 67, (a), paragraph (1), part (xiv), the Illi­ notice indicates that the carrier is pres­ ently authorized to transport the same thence over U.S. Highway 67 to St. Louis, nois Central Gulf Railroad Co. is hereby Mo., and return over the same route. authorized to assemble and hold for pipe commodities, over pertinent service loading at Price, Miss., a maximum of routes as follows: (1) From Spokane, No. MC-69116 (deviation No. 44), 46 empty plain flatcars of mechanical Wash., over Interstate Highway 90 SPECTOR FREIGHT SYSTEM, INC., designation FM regardless of the provis­ (formerly U.S. Highway 10) to junction 205 West Wacker Drive, Chicago, 111. ions of section (a), paragraph (2) of unnumbered highway known as the 60606, filed April 30, 1973. Carrier’s service order No. 1112. “Othello Cut-off” , approximately 12 miles representative: Edward G. Bazelon, 39 east of Moses Lake, Wash., thence over South La Salle St., Chicago, 111. 60603. # Effective May 5, 1973. unnumbered highway via Warden to Carrier proposes to operate as a common Expires May 21, 1973. Othello, Wash., and (2) from Othello, carrier, by motor vehicle, of general com­ Issued at Washington, D.C., May 5, Wash., over unnumbered highway to m odities, with certain exceptions, over 1973. * junction Washington Highway 17, deviation routes as follows: (1) From thence over Washington Highway 17 to Meridian, Miss., over Interstate Highway Railroad Service Board. junction U.S. Highway 395, thence over 59 to junction Interstate Highway 75, U.S. Highway 395 to junction Washing­ [seal] R obert L. O swald, thence over Interstate Highway 75 to Secretary. ton Highway 124, thence over Wash­ junction Interstate Highway 81, thence ington Highway 124 to junction over Interstate Highway 81 to junction {FR Doc. 73-9604 Filed 5-15-73;8:45 am] unnumbered highway, thence over un­ Interstate Highway 66, thence over numbered highway to Ice Harbor Dam, Interstate Highway 66 to junction Inter­ {Notice 18] Wash., and return over the same routes. state Highway 95, thence over Interstate No. MC-41432 (deviation No. 21), Highway 95 to Baltimore, Md.; (2) from m o to r c a r r ie r a l t e r n a t e r o u t e Meridian, Miss., over Interstate High­ DEVIATION NOTICES EAST TEXAS MOTOR FREIGHT LINES, INC., 2355 Stemmons Freeway, way 59 to junction Interstate Highway M a y 11, 1973. P.O. Box 10125, Dallas, Tex. 75207, filed 75, thence over Interstate Highway 75 to The following letter-notices of pro­ April 26, 1973. Carrier proposes to oper­ junction Interstate Highway 81, thence posals (except as otherwise specifically ate as a common carrier, by motor vehi­ over Interstate Highway 81 to junction n?"e^> each applicant states that there cle, of general commodities, with cer­ Interstate Highway 70, thence over Inter­ 5“ no significant effect on the quality state Highway. 70 to junction Interstate tain exceptions, over a deviation, route Highway 70-N, thence over Interstate ? “ le human environment resulting as follows: From Abilene, Tex., over U.S. iram approval of its application), to Highway 70-N to Baltimore, Md.; (3) Highway 80 to Roscoe, Tex., thence over from Meridian, Miss., over Interstate operate over deviation routes for oper- U.S. Highway 84 to Lubbock, Tex., and wxng convenience only have been filed Highway 59 to junction Interstate High­ return over the same route, for operat­ way 20, thence over Interstate Highway with the Interstate Commerce Commis- ing convenience only. The notice indi­ Hnt*er the Commission’s “Revised 20 to junction Interstate Highway 85, cates that the carrier is persently au­ thence over Interstate Highway 85 to aviation Rules—Motor Carriers of Prop­ thorized to transport the same commodi­ erty, 1969» (49 CFR 1042.4 (c) (11)) and junction Interstate Highway 95, thence ties, over a pertinent service route as over Interstate Highway 95 to Baltimore, ho ce thereof to all interested persons follows: From Abilene, Tex., over U.S. Md.; (4) from Nashville, Tenn., over . . ereby given as provided in such rules Highway 80 to Colorado City, Tex., Interstate Highway 40 to junction Inter­ (49 CFR 1042.4(c) (11) ). thence over Texas Highway 208 to state Highway 81, thence over Interstate

No. 94—pt. i-----g FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 12856 NOTICES

Highway 81 to junction Interstate High­ over New York Highway 31 to Weedsport, proval of its application), are governed way 66, thence oyer Interstate Highway N.Y., thence over New York Highway by the new special rule 1100 247 of the 66 to junction Interstate Highway 95, 31-B to junction New York Highway 5, Commission’s rules of practice, published thence over Interstate Highway 95 to thence over New York Highway 5 to Syra­ in the Federal R egister, issue of Decem­ Baltimore, Md.; (5) from Nashville, cuse, N.Y., and return over the same ber 3, 1963, which became effective Jan­ Tenn., over Interstate Highway 40 to routes. uary 1, 1964. junction Interstate Highway 81, thence No. MC-127602 (deviation No. 2), The publications hereinafter set forth over Interstate Highway 81 to junction DENVER-MIDWEST MOTOR reflect the scope of the applications as Interstate Highway 70, thence over FREIGHT, INC., 67 and “J” Streets, filed by applicant, and may include de­ Interstate Highway 70 to junction Inter­ Omaha, Nebr. 68117, filed April 26, 1973. scriptions, restrictions, or limitations state Highway 70-N, thence over Inter­ Carrier’s representative: Patrick E. which are not in a form acceptable to state Highway 70-N to Baltimore, Md.; Quinn, P.O. Box 82028, Lincoln, Nebr. the Commission Authority which ulti­ and (6) from Nashville, Tenn., over 68501. Carrier proposes to operate as a mately may be granted as a result of the Interstate Highway 40 to junction Inter­ common carrier, by motor vehicle, of applications here noticed will not neces­ state Highway 81, thence over Inter­ general commodities, with certain excep­ sarily reflect the phraseology set forth in the application as filed, but also will state Highway 81 to Syracuse, N.Y. (using tions, over a deviation route as follows: U.S. Highways 11 and 11-W, 78 and 29 eliminate any restrictions which are not From junction Minnesota Highway 15 acceptable by the Commission. were portions of Interstate Highways 59, and 60 at Madelia, Minn., over Minnesota 75, 81, 20, and 85 are incomplete in Highway 60 to junction U.S. Highway M otor Carriers of P roperty Alabama, Tennessee, Georgia, and North 169, thence over U.S. Highway 169 to APPLICATIONS ASSIGNED FOR ORAL HEARINGS Carolina), and return over the same junction Minnesota Highway 101, thence routes, for operating convenience only. over Minnesota Highway 101 to junction No. MC 33641 (sub-No. 101), filed The notice indicates that the carrier is Truck Highway 13, thence over Truck May 7, 1973. Applicant: IML FREIGHT, presently authorized to transport the Highway 13 to junction Interstate High­ INC., 2175 South 3270 West, P.O. Box same commodities,, over pertinent serv­ way 35-W, thence over Interstate High­ 2277, Salt Lake City, Utah 84110. Appli­ ice routes as follows: (1) Prom Meridian, way 35-W to the Minneapolis-St. Paul, cant’s representative: Carl L Steiner, 39 Miss., over Mississippi Highway 19 to Minn., city limits, thence over Interstate South La Salle Street, Chicago, 111. 60603. Philadelphia, Miss., thence over Missis­ Highway 35-W to junction U.S. High­ Authority sought to operate as a com­ sippi Highway 19 to Philadelphia, Miss., way 12, and return over the same route, mon carrier, by motor vehicle, over ir­ thence over Mississippi Highway 15 to for operating convenience only. regular routes, transporting: Iron and Ackerman, Miss., thence over Mississippi The notice indicates that the carrier is steel articles, as described in appendix V Highway 9 to Calhoun City, Miss., thence presently authorized to transport the to the Interstate Commerce Commission over Mississippi Highway 8 to Grenada, same commodities, over pertinent service report in Descriptions in Motor Carrier Miss., thence over U.S. Highway 51 to routes as follows: (1) From St. Paul- Certificates, Ex parte MC-45, 61 M.C.C. Memphis, Tenn., thence over U.S. High­ Minneapolis, Minn., over U.S. Highway 209 and 766 (except commodities which way 79 to Milan, Tenn., thence over U.S. 12 to junction Minnesota Highway lip, because of size or weight require special Highway 45 to junction U.S. Highway 45- east of Maple Plain, Minn., thence over equipment), (1) between points in Cali­ E, thence over U.S. Highway 45-E to Ful­ Minnesota Highway 110 to junction Hen­ fornia, on the one hand, and, on the ton, Ky., thence over U.S. Highway 45 to nepin County Road 6, thence over Hen­ other, points in Colorado, Idaho, Nevada, Vienna, HI., thence over Illinois Highway nepin County Road 6 to the east bound­ Oregon, Utah, Washington, and Wyom­ 146 to West Vienna, HI., thence over ary line of Carver County, thence over ing; (2) between points in Oregon and Illinois Highway 37 to Marion, HI., thence Carver County Road 20 to Watertown, Washington, on the one hand, and, on over Hlinois Highway 37 to Effingham, Minn., thence over Minnesota Highway the other, points in Colorado, Idaho, HI., thence over U.S. Highway 40 to 25 to junction Carver County Road 20, Nevada, Utah, and Wyoming; (3) be­ Indianapolis, Ind., thence over U.S. High­ thence over Carver County Road 20 to tween points in Utah, on the one hand, way 40 to junction U.S. Highway 22, the east boundary, line of McLeod and, on the other, points in Colorado, thence over U.S. Highway 22 to Harris­ County, thence over McLeod County Idaho, Nevada, and Wyoming; and (4) burg, Pa., thence over U.S. Highway 111 Road 6 to Winsted, Minn., and (2) from between points in Colorado, on the one to Baltimore, Md.; (2) from Nashville, Sioux City, Iowa, over U.S. Highway 75 hand, and, an the other, points in Idaho, Tenn., over U.S. Highway 70 to Atwood, to junction Iowa Highway 60, thence over Nevada, and Wyoming. Tenn., thence over U.S. Highway 79 to Iowa Highway 60 to the Iowa-Minnesota Note.—-Applicant states that the requested M ilan, Tenn., thence over U.S. Highway State line, thence over Minnesota High­ authority cannot be tacked with its exist­ 45 to junction U.S. Highway 45-E, thence way 60 to junction Minnesota Highway ing authority. over U.S. Highway 45-E to Fulton, Ky., 15, thence over Minnesota Highway 15 HEARING.—June 18, 1973 (1 week) thence over the route described in (1) to junction U.S. Highway 212, thence above to Baltimore, Md.; and (3) from 9 :3 0 a.m., d.s.t. (or 9 :3 0 a.m. U.S. stand­ over U.S. Highway 212 to junction Min­ ard time, if that time is observed), at Nashville, Tenn., over U.S. Highway 70 nesota Highway 261, thence over Min­ to Atwood, Tenn., thence over U.S. High­ Portland, Greg. Location of hearing room nesota Highway 261 to Winsted, Minn., will be by subsequent notice. way 79 to Milan, Tenn., thence over U.S. and return over the same routes. Highway 45 to junction U.S. Highway 45- No. MC 112989 (sub-No. 30), filed E, thence over U.S. Highway 45-E to Ful­ By the Commission. May 7, 1973. Applicant: WEST COASi ton, Ky., thence over U.S. Highway 45 to [seal] R obert L. O swald, TRUCK LINES, INC., P.O. Box 668, Coos Vienna, 111., thence over niinois Highway Secretary. Bay, Oreg. 97420. Applicant’s representa­ 146 to West Vienna, HI., thence over [PR Doc.73-9734 PUed 5-15-73;8:45 am] tive: John G. McLaughlin, 620 Blue Cross Hlinois Highway 37 to Marion, HI., thence Building, Portland, Oreg. 97201. Author­ over Hlinois Highway 37 to Effingham, ity sought to operate as a common car-• HI., thence over U.S. Highway 40 to [Notice 37] rier, by motor vehicle, over irreguia junction Ohio Highway 440, thence over MOTOR CARRIER APPLICATIONS AND routes, transporting: Iron and steel, a Ohio Highway 440 to Sugar Grove, Ohio, iron and steel articles, (1) between poin thence over U.S. Highway 40 to Colum­ CERTAIN OTHER PROCEEDINGS in California, on the one hand, and, on bus, Ohio, thence over U.S. Highway 23 M ay 11, 1973. the other, points in Oregon a n d W as to Delaware, Ohio, thence over U.S. High­ The following publications (except as way 42 to Cleveland, Ohio, thence over otherwise specifically noted, each ap­ ington; and (2) between points in Ore- U.S. Highway 20 to Silver Creek, N.Y., plicant (on applications filed after l and Washington. thence over New York Highway 5 to March 27, 1972) states that there will be [o t e .—Applicant states that the Buffalo, N.Y., thence over New York no significant effect on the quality of the hority cannot be tacked with its ex Highway 33 to Rochester, N.Y., thence human environment resulting from ap­ hority.

FEDERAL REGISTER, VOL. 38, N O . 94— WEDNESDAY, M AY 16, 1973 NOTICES 12857

HEARING.—June 18, 1973 (1 week), TON, doing business as KEYSTONE ages, in containers, from New York, 9:20 a.m., d.s.t. (or 9:30 a.m. U.S. stand­ TRUCKING CO., Rushford, N.Y., and N.Y., and Newark, N.J., to certain ard time, if that time is observed), at for acquistion by DAVID B. WORSTER, specified points in Pennsylvania; malt Portland, Oreg. Location of hearing room also of North East, Pa., of control of such beverages (except in bulk, in tank vehi­ will be by subsequent notice. rights through the purchase. Applicants’ cles) , from Newark, N. J., to certain speci­ attorneys: Joseph F. MacKrell, 23 West fied points in New York; advertising Applications f o r C e r t if ic a t e o r P e r m it 10th Street, Erie, Pa. 16501, and Edwin R. materials, when moving in mixed loads W h ic h A re T o B e P ro cessed C o n c u r ­ Ilardo, 20 Buffalo Street, Hamburg, N.Y. with malt beverages, from Newark, N.J., rently W it h A p p l ic a t io n U n der S e c ­ 14075. Operating rights sought to be to points in New York. Vendee is author­ tion 5 G overn ed b y S pe c ia l R u l e 240 transferred: Corrugated paper shipping ized to operate as a common carrier in to the E x t e n t A p p l ic a b l e containers, oil field supplies and equip­ New York, Ohio, Pennsylvania, Michigan, No. MC 35320 (sub-No. 135) (correc­ ment, builders’ supplies, and petroleum Indiana, Illinois, West Virginia, Massa­ tion), filed January 22, 1973, published products in containers, as a common car­ chusetts, Vermont, New Hampshire, Con­ in the Federal R egister March 14, 1973, rier over irregular routes, between points necticut, Rhode Island, New Jersey, Dela­ and republished as corrected this issue. in Pennsylvania within 10 miles of Brad­ ware, Maryland, Maine, Virginia, South Applicant: T.I.M.E.-DC, INC., P.O. Box ford, Pa., including Bradford, on the one Carolina, Alabama, Florida, Arkansas, 2550, 2598 74th Street, Lubbock, Tex. hand, and, on the other, points in New Iowa, Nebraska, Kansas, and the District 79408. Applicant’s representative: Wal­ York; malt beverages, in containers, and of Columbia. Application has been filed ter N. Bieneman, Suite 1700, One Wood­ empty containers, between points in for temporary authority under section ward Avenue, Detroit, Mich. 48226. McKean County, Pa., on the one hand, 210a(b). and, on the other, points in New York; No. MC-F-11862. Authority sought for Note.—The purpose of this republication is petroleum products in containers, from to add the commodities proposed to be trans­ control and merger by CITY TRANS­ ported, inadvertently omitted from previous Farmer’s Valley, Pa., and points within FER, INC., 13901 Mica Street, Santa Fe publication. 1 mile of Farmer’s Valley, to points in Springs, Calif. 90670, of the operating Connecticut, Massachusetts, New Jersey, The commodities are: General com­ rights and property of ANAHEIM and New York, except Buffalo, Rochester, TRUCK & TRANSFER CO., 505 South modities (except classes A and B explo­ Syracuse, Cortland, Binghamton, Elmira, sives, articles of unusual value, house­ Olean, and Jamestown, N.Y.; malt bev­ Anaheim Boulevard, Anaheim, Calif. hold goods as defined by the Commission, erages, in containers, from Newark, and 92805, and for acquisition by CHARLES commodities in bulk, and those requir­ Trenton, N.J., to Bradford, Pa.; petro­ W. OWEN, also of Santa Fe Springs, ing special equipment. The routes de­ leum products, in packages, in seasonal Calif. 90670, of control of such rights scribed in previous publication are un­ operations during the time the St. Law­ and property through the transaction. changed. This instant application is a rence Seaway is open for navigation, Applicant’s attorney: R. Y. Schureman, matter directly related to MC-F-11778 from Farmer’s Valley, Pa., to Port of Erie, 1545 Wilshire Boulevard, Los Angeles, Calif. 90017. Operating rights sought to published in the F ederal R egister, issue Pa.; petroleum products, as described in of February 7, 1973. I appendix XIII to the report in Descrip­ be controlled and merged : General com­ tions in Motor Carrier Certificates, 61 modities, with specified exceptions, as A pplications U n d er S e c t io n s 5 and M.C.C. 209, in containers, from Farmer’s a common carrier over irregular routes, 210a(b) Valley and Bradford, Pa., to points in between points in a described area of The following applications are gov­ New York, Connecticut, Massachusetts, eastern Los Angeles, Calif., and between erned by the Interstate Commerce Com­ and New Jersey; iron and steel rust pre­ points in such area on the one hand, mission’s special rules governing notice venting or removing compounds (other and, on the other, western Los Angeles, of filing of applications by motor car­ than petroleum), metal cutting, drawing, Los Angeles Harbor, and Long Beach, riers of property or passengers under and drilling compounds (other than pe­ Calif., between Los Angeles Harbor and sections 5(a) and 210a(b) of the In­ troleum) j brake fluid (other than petro­ Long Beach Harbor, Calif., on the one terstate Commerce Act and certain other leum), cleaning, washing, and scouring hand, and, on the other, points in Orange proceedings with respect thereto. (49 compounds, petroleum tar, compounded County, Calif., between points within 6 CFR 1.240). oil and greases and lubricating greases, miles of Anaheim, Calif., including Ana­ vehicle body sealer, sound deadening heim, between points in the Los Angeles Motor Carriers of P roperty compound, and oil emulsions, in con­ commercial zone as defined by the Com­ No. MC-F-11860. Authority sought for tainers, and petroleum and petroleum mission, on the one hand, and, on the control by ALCO TRANSPORTATION products as described in appendix XIII other, points in the Los Angeles Harbor CO., 1603 Chapin Road, Montebello, to the report in Descriptions in Motor commercial zone, as defined by the Com­ Cam. 90640, of CAMPORA FAST Carrier Certificates, 61 M.C.C. 209, in mission in Los Angeles, Calif., commer­ «HEIGHT, INC., 2525 Mariposa Road, containers and related advertising mate­ cial zone, 3 M.C.C. 248; m achinery and ®®**to*n* and for acquisition by rial, from Buffalo, N.Y., and Emlenton pipe, from Los Angeles, to Santa Fe DeNAULT, also of Montebello, and Farmer’s Valley, Pa., to points in Springs, Calif.; fertilifier and insecti­ S“ “ * 90640, of control of CAMPORA Illinois (except Chicago), and Indiana, cides, from Los Angeles Harbor, Long PAST FREIGHT, INC., through the ac­ with restriction, from Warren, Pa., to Beach Harbor, and San Diego Harbor, quisition by ALCO TRANSPORTATION points in Connecticut, Massachusetts, Calif., to Los Angeles, Azusa, Pomona, CO. Applicants’ attorney: Donald Mur- New Jersey, New Hampshire, New York, and Ontario, Calif., and points in Orange 9454 Wilshire Boulevard, suite Rhode Island, Vermont, and those in County, Calif.; Christmas trees, from 400, Beverly Hills, Calif. 90212. Operat- Maine on and south of Maine Highway Anaheim, Calif., to points in a described “ 16 rights sought to be controlled: Under 25, including Portland, Maine, and the area of California; alcohol and alcohol a certificate of registration in docket No. commercial zone thereof, as defined by products, from Anaheim, Calif., to Los MC-120936 (sub-No. 1), covering the the Commission; popcorn, corn chips, Angeles, Los Angeles Harbor, and Long ransportation of general commodities, corn twists, corn puffs, and fried pork Beach Harbor, Calif.; box shook, between a common carrier, in interstate com- skins, and raw corn when transported at Duarte, Redlands, and Pomona, Calif., ATe^ ’ within the State of California. the same time and in the same vehicle on the one hand, and, on the other, ALCO TRANSPORTATION CO., is au- with popcorn, corn chips, corn twists, Anaheim, Calif.; nails, between Ana­ .operate as a common carrier com puffs, and fried pork skins, from heim, Los Angeles, and Los Angeles Har­ fnr + forn*a‘ -Application has been filed the plantsites and facilities of Popped- bor, Calif., on the one hand, and, on the Right Com Co. in Marion and Wyandot other, points in Orange County, Calif.; 210a(b?P°rary au^ or^y under section Counties, Ohio, to points in Connecticut, citrus fruit products, wire, fertilizer, Maine, Massachusetts, New Hampshire, seed, tires and tubes, pipe, and machin­ MC-F-l 1861. Authority sought for New Jersey, New York, Pennsylvania, ery and supplies, used in citrus fruit Purchase by WORSTER MOTOR LINES, Rhode Island, and Vermont; malt bev­ packing plants, between Los Angeles, JNC., p.o. Box 110, North East, Pa., oi erages, from Newark, N.J., to certain Calif., on the one hand, and, on the ■ °Perating rights of DEAN THORN­ specified points in New York; malt bever­ other, points in Orange County, Calif.;

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 12858 NOTICES citrus fruit, between points in Orange Calif. 94025, of the operating rights and and Fort Worth, Tex., to points in a County, Calif., on the one hand, and, property of JOSEPH LEVINE TRUCK­ defined area of Texas, from the plant- on the other, points in Los Angeles Coun­ ING INC., 221 Governor Street, P.O. Box site and storage facilities of Wilson and ty, Calif.; uncrated airplanes, uncrated 1, East Hartford, Conn. 06108, and Co., near Hereford, Tex., to points in airplane 'wing sections, and uncrated for acquisition by CONSOLIDATED Oklahoma and Texas, from the plant- fuselages, between points in Los Angeles FREIGHTWAYS, INC., International site and storage facilities of National County, Calif., and under a certificate Building, 601 California Street, San Beef Packing Co. near Liberal, Kans., to of registration in docket No. MC-4983 Francisco, Calif. 94108, of control of such pointsin Oklahoma and Texas, from the (sub-No. 5), covering the transportation rights and'property through the trans­ plantsite of National Beef Packing Co., of general commodities, as a common action. Applicants’ attorneys: Robert C. located near Liberal, Kans., to points in carrier, in interstate commerce, within Stetson, 175 Linfield Drive, Menlo Park, Louisiana, Arkansas, Mississippi, and the State of California. CITY TRANS­ Calif. 94025, Eugene T. Liipfert, suite Alabama, from the plantsite of Armour- FER, INC., is authorized to operate as 1100, 1660 L Street NW., Washington, Dial, Inc., at Fort Madison, Iowa, to a common carrier in California.. Appli­ D.C. 20036, and Robert C. McNally, 1 points in Texas, with restrictions; pack­ cation has been filed for temporary au­ Constitution Plaza, Hartford, Conn. inghouse products, between Shreveport, thority under section 210a(b). 06103. -Operating rights sought to be La., and Marshall, Tex., on the one band, No. MC-F-11863. Authority sought for controlled and merged. General commod­ and, on the other, Longview, Kilgore, purchase by BULKMATIC TRANSPORT ities, excepting among others, classes Gladewater, Henderson, Tyler, Jackson­ CO., 12000 South Doty Avenue, Chicago, A and B explosives, household goods and ville, Palestine, Overton, Arp, Ironton, 111., 60628, of a portion of the operating commodities in bulk, as a common Carlisle, and Athens, Tex. (B) Bananas, rights of DAN LODESKY TRUCKING, carrier over irregular routes, between as a common carrier over irregular INC., P.O. Box 236, Gurnee, 111. 60031, Hartford, East Hartford, and West Hart­ routes, from Galveston, Tex., to Denver, and for acquisition by CARL DECANINI, ford, Conn., on the one hand, and, on Colo., Wichita Falls, Tex., and to points also of Chicago, 111. 60628, of control of the other, points in Connecticut. CON­ in Nebraska, Kansas, and Oklahoma, such rights through the purchase. Appli­ SOLIDATED FREIGHTWAYS CORP. from New Orleans, La., to Norfolk and cants’ attorneys: Edward G. Bazelon, 39 OF DELAWARE is authorized to operate Grand Island, Nebr., from Galveston, South LaSalle Street, Chicago, 111. 60603, as a common carrier in California, Ore­ Tex., to Kansas City, Mo., and points in and Irving Stillerman, 29 South LaSalle gon, Washington, Illinois, Minnesota, Texas with restrictions. MID-STATES Street, Chicago, 111. 60603. Operating Wisconsin, Montana, Colorado, Utah, TRUCKING CO., is authorized to op­ rights sought to be transferred: Expand­ Wyoming, Idaho, Indiana, Nevada, erate as a contract carrier in Illinois, ed perlite and diatomaceous earth, as a Ohio, Iowa, Michigan, Arizona, Kansas, Oklahoma, Nebraska, Missouri, Colorado, common carrier over irregular routes, Maryland, North Dakota, South Caro­ Kansas, and Texas. Application has been from the plantsite and storage facilities lina, Georgia, Alabama, Kentucky, North filed for temporary authority under sec­ of the Johns-Manville Perlite Corp. at Carolina, New York, Massachusetts, tion 210a(b). Rockdale, 111., to points in Indiana, Iowa, Oklahoma, Missouri, Texas, Louisiana, No. MC-F-11867. Authority sought for Ohio, Wisconsin, Missouri, Michigan, Pennsylvania, South Dakota, New Mex­ purchase by ROSS NEELY EXPRESS, Kentucky, and Nebraska. Vendee is au­ ico, Nebraska, West Virginia, Mississippi, INC., 1500 Second St., Pratt City Station, New Jersey, Connecticut, Alaska and the thorized to operate as a common carrier P.O. Drawer-B, Birmingham, Ala. 35214, in Indiana, Illinois, Iowa, Michigan, Wis­ District of Columbia. Application has not of the operating rights of W. R. RIVERS, been filed for temporary authority under consin, Missouri, Ohio, Kansas, Nebras­ INC., P.O. Box 1861, Mobile, Ala. 36610, ka, South Dakota, North Dakota, and section 210a(b). and for acquisition by ROSS NEELY, Minnesota. Application has not been No. MC-F-11866. Authority sought for JR., of Birmingham, Ala. 35214, of con­ filed for temporary authority under sec­ control and merger by MID-STATES trol of such rights through the pur­ tion 210a(b). TRUCKING CO., 514 East Hackberry chase. Applicants’ attorneys: Robert S. No. MC-F-11864. Authority sought for Street, Enid, Okla. 73701, of the operat­ Richard, 57 Adams Avenue, P.O. Box purchase by CHEMICAL EXPRESS ing rights and property of (A) GOV AN 2069, Montgomery, Ala. 36103, and Ed­ CARRIERS, INC., of the operating rights EXPRESS, INC., and (B) DENTON ward G. Villalon, 1032 Pennsylvania of CEMENT TRANSPORTS, INC., and PRODUCE, INC., both of 10386 Bickham Building, Pennsylvania Avenue, and 13th for acquisition by CHEMICAL EXPRESS Road, Dallas, Tex. 75235, and for acquisi­ Street, NW., Washington, D.C. 20004. CO., all of 1200 Simons Building, Dallas, tion by RAY F. HAYES, of Enid, Okla. Operating rights sought to be trans­ Tex. 75201, of control of such rights 73701, of control of such rights and prop­ ferred: General commodities, excepting through the purchase. Applicants’ attor­ erty through the transaction. Applicants’ among others, classes A and B explo­ ney: Leroy Hallman, 4555 First National attorney: Richard R. Sigmon, 1111 E sives, household goods and commodities Bank Building, Dallas, Tex 75202. Oper­ Street NW., Washington, D.C. 20004. Op­ in bulk, as a common carrier over regu­ ating rights sought to be transferred: erating rights sought to be controlled lar routes, between Leakesville, Miss., and Cem ent, in containers, as a common car­ and merged: (A) Meats, meat products Mobile, Ala., serving the intermediate rier over irregular routes, from the and meat byproducts, and etc., as a points of Lucedale, Miss., and those be­ plantsite of the Lone Star Cement Corp., common carrier over 'irregular routes, tween Lucedale, Miss., and Mobile, Ala., located at Maryneal, Tex., to points in between Oklahoma City, Okla., on the between Mobile, Ala., and Lucedale, New Mexico and Oklahoma. Vendee is one hand, and, on the other, points in Miss., serving all intermediate points, be­ authorized to operate as a common car­ a defined area of Texas, with restriction, tween Lucedale, Miss., and Poplarville, rier in Texas, New Mexico, Arkansas, between Oklahoma City, Okla., on the Miss., serving all intermediate points, Louisiana, Oklahoma, Colorado, Kansas, one hand, and, on the other, Beaumont, with restrictions. Vendee is authorized to Alabama, Mississippi, Missouri, Tennes­ Te£, and points on U.S. Highway 90 be­ operate as a common carrier in Ala­ see, Arizona, Utah, Georgia, Illinois, In­ tween Houston and Beaumont, Tex. (but bama. Application has been filed for tem­ diana, Ohio, North Carolina, South Caro­ not including Houston), and all points porary authority under section 210a (b ). lina, Wisconsin, Florida, Nebraska, Ken­ on U.S. Highway 75 between Houston No te: MC-99610 (sub-No. 14), is a directly tucky, Michigan, New Jersey, and Penn­ and Huntsville, Tex. (but not includ­ related matter. sylvania. Application has not been filed ing Houston), between Oklahoma City, No. MC-F-11868. Authority s o u g h tfo r for temporary authority under Section Okla., on the one hand, and, on the purchase by RUSSELL TRANSFER other, points in the Panhandle territory 210a(b). INC., 444 Glenmore Drive, Salem, va. of Texas, between Fort Worth, Tex., on 24153, of a portion of the operating rignis No. MC-F-11865. Authority sought for the one hand, and, on the other, to points and property of DAYTON TRANSPOK control and merger by CONSOLIDATED in a defined area of Oklahoma, from CORP., P.O. Box 338, Dayton, Va. 228

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 NOTICES 12859 anoke, Va. 24014, BERKELEY H. RILEY, irregular routes, from Omaha, Nebr., to quality of the human environment. In 3009 Dover Drive, Roanoke, Va. 24018, Sidney, Iowa, and points in Iowa within accordance with the Commission’s regu­ and VERNON S. CHURCH, Forest Hills, 25 miles of Sidney; feed, from points lations (49 CFR 1100.250) in Ex parte No. Wilkesboro, N.C. 28697, of control of in that part of Nebraska east and south 55 (sub-No. 4), Implementation-National such rights and property through the of a line beginning at the Nebraska- Environmental Policy Act, 1969, 340 ICC purchase. Applicants’ representative: Iowa State line and extending along 431 (1972), any protests may include a Liniel G. Gregory, Jr., P.O. Box 2278, U.S. Highway 30 to Grand Island, Nebr., statement indicating the presence or ab­ Roanoke, Va. 24009. Operating rights and thence along U.S. Highway 281 to sence of any effect of the requested Com­ sought to be transferred: Iron and steel the Nebraska-Kansas State line, includ­ mission action on the quality of the articles: angles, bars, beams, bridge steel, ing points on the indicated portion of the human environment. If any effect is channels, form s (structural), rivets, rods, highways specified, to points in Page, alleged to be present, the statement shall sheets, slabs, wire rope, and accessories Mills, and Fremont Counties, Iowa; com ­ include information relating to the rele­ for beams and joists, as a common car­ mercial feed, from Nebraska City, Nebr., vant factors set forth in Ex parte No. 55 rier over irregular routes, from Roanoke, to Percival, Iowa, and points in Iowa (sub-No. 4), supra, part (B )-(l)-(5 ), Va., to certain specified points in North within 10 miles of Percival; sand, from 340 ICC 431, 461. The proceeding will be Carolina, Tennessee, and West Virginia; Plattsmouth, Nebr., and points within handled without public hearings unless angles, bars, bases, beams, bridge steel, 15 miles of Plattsmouth to points in Page, protests are received which contain in­ channels, form s {structural), joists, pil­ Mills, and Fremont Counties, Iowa; live­ formation indicating a need for such ing, pipe (cast iron, plate or sheet), slabs, stock, from points in Iowa, to points in hearings. Any protests submitted shall be wire rope, and accessories for beams, Nebraska; building materials, from filed with the Commission no later than and joists, from Troutville, Va., to cer­ Nebraska City, Nebr., to points in Fre­ 30 days from the date of the first publi­ tain specified points in North Carolina, mont, Mills, Montgomery, and Page cation in the Federal R egister. Tennessee, and West Virginia. Vendee is Counties, Iowa; household goods, be­ R ahway V alley Co., authorized to operate as a common car­ tween Sidney, Iowa, and points in Iowa Lessee. rier in Virginia, Pennsylvania, New York, within 25 miles of Sidney, on the one Notice Illinois, Indiana, North Carolina, Mary­ hand, and, on the other, points in land, Delaware, New Jersey, South Caro­ Nebraska; household goods as defined by DELAWARE OTSEGO CORP. AND lina, West Virginia, and the District of the Commission, between Shenandoah, CENTRAL NEW YORK RAILROAD Columbia. Application has been filed for Iowa, .on the one hand, and, on the other, CORP., 1 Railroad Avenue, Coopers- temporary authority under section points in Illinois, Missouri, Nebraska, town, N.Y., hereby give notice that on 210a(b). Kansas, and Colorado; household goods the 9th day of April, 1973, they filed as defined by the Commission, and with the Interstate Commerce Commis­ No. MC-F-11869. Authority sought for emigrant movables, between Sidney, sion at Washington, D.C., an application purchase by CROUSE CARTAGE CO., Iowa, and points in Iowa within 100 miles for authority to acquire, control, and P.O, Box 151, Carroll, Iowa 51401, of a thereof, on the one hand, and, on the operate a line of railroad extending from portion of the operating rights and prop­ other, points in Nebraska, between Sid­ railroad milepost 273.25 at Richfield erty of (B) HEARTLAND EXPRESS, ney, Iowa, and points within 50 miles Junction, Oneida County, in a south INC., 911 West Sheridan, Shenandoah, thereof, on the one hand, and, on the thence easterly direction to~ railroad Iowa 51601, and of the operating rights other, points in Missouri; (BB) general milepost 295.02 near Richfield Springs, of (BB) LAWSON TRUCK LINE, INC., commodities, with exceptions, as a com­ Otsego County, N.Y., a distance of 21.77 Stanberry, Mo. 64489, and for acquisi­ mon carrier over regular routes, between miles. The line to be controlled, acquired, tion by PAUL E. CROUSE, also of St. Joseph and Stanberry, Mo., serving and operated includes the stations of Carroll, Iowa 51401, of control of such no intermediate points; livestock, from Bridgewater, West Winfield, Cedarville, rights and property through the pur­ Stanberry, Mo., to Kansas City, Kans., South Columbia, and Richfield Springs. chase. Applicants’ attorneys: William S. serving the intermediate and offroute The Delaware Otsego Corp. presently Rosen, 630 Osborn Building, St. Paul, points of Kansas City, Mo., and those controls the Cooperstown and Charlotte Minn. 55102, and Earl H. Scudder, within 10 miles of Stanberry. Vendee is Valley Railway Corp., which operates a 300 NSEA Building, P.O. Box 82028, authorized to operate as a common car­ line of railroad from Cooperstown Junc­ Lincoln, Nebr. 6850L Operating rights rier in Iowa, Indiana, "Illinois, Kansas, tion to Cooperstown, N.Y., a distance of sought to be transferred: (B) General Kentucky, Michigan, Missouri, Nebraska, 16 miles in Otsego County, N.Y. This commodities, with exceptions, as a com ­ and Ohio. Application has been filed application has been assigned Finance mon carrier over regular routes, between for temporary authority under section Docket No. 27350. In the opinion of the junction U.S. Highway 275 and Iowa 210a(b). applicants, the requested Commission Highway 184, and Essex, Iowa, serving action will have no effect on the quality the intermediate points of Randolph and RAHWAY VALLEY CO., lessee, Gal­ of the human environment. In accord­ Imegene, Iowa, between Omaha, Nebr., loping Hill Road, Kenilworth, Union ance with the Commission’s regulations and Clarinda, Iowa, serving all inter­ County, N.J. 07033, represented by (49 CFR 1100.250) in Ex parte No. 55 mediate points, between Essex, Iowa, and Messrs. Beekman & Bogue, 5 Kanover (sub-No. 4), Implementation-Nat’l En­ Omaha, Nebr., between Omaha, Nebr., Square, New York, N.Y. 10004, hereby vironmental Policy Act, 1969, 340 ICC and Percival, Iowa, between Omaha, gives notice that on the 8th day of 431 (1972), any protests may include a Nebr., and Thurman, Iowa, between March 1973, it filed an application with statement indicating the presence or ab­ Hamburg, Iowa, and Omaha, Nebr., from the Interstate Commerce Commission at sence of any effect of the requested Com­ Omaha, Nebr., to Hamburg, Iowa, serv­ Washington, D.C., assigned Finance Docket No. 27328, for authority to ac­ mission action on the quality of the ing various intermediate and off route human environment. If any effect is al­ P°ffits; livestock, between Hamburg, quire control by purchase of the Rahway owa, and St. Joseph, Mo., from Ham- Valley Line. Applicant is currently leas­ leged to be present, the statement shall nrg, Iowa, to Omaha, Nebr., serving ing the Rahway Valley Line and provides include information relating to the rele­ intermediate and offroute points; railroad service within Union County, vant factors set forth in Ex parte No. 55 tied feed, farm implements and N.J., over approximately 14 miles of (sub-No. 4), supra, part (B )-(l)-(5 ), 340 achinery, lumber, hardware, and coal, track, of which Rahway Valley Line owns ICC 431,461. The proceeding will be han­ approximately 3 miles. The purchase of ^mah.a» Nebr., to Percival, Iowa, dled without public hearings unless pro­ ■rong various intermediate and off- the Rahway Valley Line will not cause ™uie points; sand, from Plattsmouth, any change in the services presently pro­ tests are received which contain infor­ toPercival, Iowa, serving various vided. In the opinion of the applicant, mation indicating a need for such hear­ ^ 7rmediate offroute points; gen- the purchase of the Rahway Valley Line ings. Any protests submitted shall be commodities, with exceptions, over will have no significant effect on the filed with the Commission no later than

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 12860 NOTICES

30 days from the date of first publica­ ity of the human environment. In ac­ petroleum products in bulk, high explo­ tion in the F ederal R egister. cordance with the Commission’s regula­ sives, and commodities requiring special tions (49 CFR 1100.250) in Ex parte No. equipment, between Le Roy, N.Y., and D elaware O tsego Corp. and Central 55 (sub-No. 4), Implementation-Nat’l Buffalo, N.Y., serving all intermediate New Y ork R ailroad Corp. Environmental Policy Act, 1969, 340 ICC points. Notice 431 (1972), any protests may include a No. MC-FC-74347. By order of May 10, SOUTHERN RAILWAY CO. and NOR­ statement indicating the presence or ab­ 1973, the Motor Carrier Board approved FOLK SOUTHERN RAILWAY CO. sence of any effect of the requested Com­ the transfer to Carton Moving & Storage hereby give notice that on the 23d day of mission action on the quality of the hu­ Co., a corporation, Chatham, N.J., of cer­ April 1973, they have filed with the Inter­ man environment. If any such effect is tificate No. MC-43161 issued to John J. state Commerce Commission at Wash­ alleged to be present, the statement shall Herrsche, doing business as Midvale ington, D.C., a joint application under include information relating to ^he rele­ Movers, Lake Hiawatha, N.J., authorizing section 5(2) of the Interstate Commerce vant factors set forth in Ex parte No. the transportation of: Household goods, Act seeking trackage rights over certain 55 (sub-No. 4), supra, part (b )(l)-(5 ), between Newark, N.J., and points in spec­ lines of Seaboard Coast Line Railroad 340 ICC 431, 461. ified counties in New Jersey, on the one Co. in Raleigh, Wake County, N.C., which The proceeding will be handled with­ hand, and, on the other, points in Con­ was assigned Finance Docket No. 27361. out public hearings unless protests are necticut, Delaware, Maryland, Massa­ In accordance with the Commission’s received which contain information in­ chusetts, New Jersey, New York, Pennsyl­ regulations (49 CFR 1111.2(13), Nas dicating a need for such hearings. Any vania, Rhode Island, Virginia, and the amended May 16,*1972), Applicants state protests submitted shall be filed with the District of Columbia. Edward F. Bowes, the following: Commission no later than 30 days from attorney, 744 Broad St., Newark, N.J. (1) The names and addresses of appli­ the date of first publication in the F ed­ 07102. cants and their attorneys are: eral R egister. No. MC-FC-74420. By order of May 10, Southern Railway Co., P.O. Box 1808, By the Commission. 1973, the Motor Carrier Board approved Washington, D.C. 20013. S outhern R ailway C o. and the transfer to Imperial Drayage Com­ Norfolk Southern Railway Co., P.O. Box Norfolk Southern R ail­ pany, Inc., San Francisco, Calif., of the 2210, Raleigh, N.C. 27602. w ay Co. certificate of registration in No. MC- James L. Tapley, William H. Teasley, and 99322 (sub-No. 1) issued November 13, R. Allan Wimbish, P.O. Box 1808, [ seal] R obert L. O swald, 1963, to Leigh C. Hunt, doing business as Washington, D.C. 20013; attorneys for Secretary. Imperial Drayage Co., San Francisco, Southern Railway Co. [PR Doc.73-9735 Piled 5-15-73:8:45 am] Calif., evidencing a right to engage in John M. Simms, Vice President-General transportation in interstate or foreign Counsel, Norfolk Southern Railway [Notice 272] commerce corresponding in scope to the Co., P.O. Box 2210, Raleigh, N.C. 27602; service authorized in decision No. 51043, attorney for Norfolk Southern Railway MOTOR CARRIER BOARD TRANSFER dated January 25, 1963, issued by the Co. PROCEEDINGS Public Utilities Commission of California. (ii) The nature of the transaction is Synopses of orders entered by the George M. Carr, suite 1215,351 California for Southern and Norfolk Southern, rail Motor Carrier Board of the Commission St., San Francisco, Calif. 94104, attorney carriers subject to part 1 of the Inter­ pursuant to sections 212(b), 206(a), 211, for applicants. state Commerce Act,, to acquire track­ 312(b), and« 410(g) of the Interstate [seal] R obert L. O swald, age rights over certain lines of Seaboard Commerce Act, and rules and regulations Secretary. prescribed thereunder (49 CFR Part Coast Line Railroad Co. (SCL), at [FR Doc.73-9731 Filed 5-15-73;8:45 am] Raleigh, Wake County, N.C., to provide 1132), appear below: for an improved and workable inter­ Each application (except as otherwise change arrangement between Southern specifically noted) filed after March 27, [Notice 61] and Norfolk Southern. 1972, contains a statement by applicants that there will be no significant effect MOTOR CARRIER TEMPORARY (iii) (a) Southern and Norfolk South­ AUTHORITY APPLICATIONS ern seek trackage rights over the south­ on the quality of the human environ­ ward main track of SCL a distance of ment resulting from approval of the ap­ M ay 9,1973. 2,452 feet; and trackage rights over the plication. As provided in the Commis­ The following are notices of filing of northward main track of SCL a distance sion’s special rules of practice any inter­ application, except as otherwise specif­ of 1,145 feet; and authority incidental ested person may file a petition seeking ically noted, each applicant states that thereto to use jointly with SCL a con­ reconsideration of the following num­ there will be no significant effect on the necting lead track approximately 1,228 bered proceedings on or before June 5, quality of the human environment re­ feet in length; and for the construction 1973. Pursuant to section 17(8) of the sulting from approval of its application, and joint use of three crossover tracks Interstate Commerce Act, the filing of for temporary authority under section necessary to provide an improved inter­ such a petition will postpone the effective 210a(a) ofHhe Interstate Commerce Act change arrangement between Southern date of the order in that proceeding provided for under the new rules of ex and Norfolk Southern in Raleigh, Wake pending its disposition. The matters re­ parte No. MC-67 (49 CFR 1131) pub­ County, N.C. lied upon by petitioners must be specified lished in the Federal R egister, issue oi in their petitions with particularity. (b) Applicants Southern and Norfolk April 27, 1965, effective July 1» 19°5> Southern claim that presently they have No. MC-FC-74175. By order of May 8, These rules provide that protests to the an inadequate interchange arrangement 1973, the Motor Carrier Board approved granting of an application must be filed at Raleigh, N.C., and the proposed track­ the transfer to Empire State Motor Ex­ with the field official named in the Fed­ age rights over the lines of SCL will per­ press, Inc., Le Roy, N.Y., of the operating eral R egister publication, within 15 cal­ mit an improved interchange connection rights in certificate No. MC-38809 issued endar days after the date of notice of tn without the necessity of costly new track November 25, 1959, to Victoria M. Man- filing of the application is published in construction. cuso, Anthony A. Mancuso, Harold W. the F ederal R egister. One copy of sucn Mancuso, Donald Mancuso, and Francis protests must be served on the apphcan , (iv) The lines of SCL over which D. Mancuso, a partnership, doing busi­ or its authorized representative, if auy> Southern and Norfolk Southern seek ness as Empire State Motor Express, 8814 and the protests must certify that sue trackage rights are all located in Raleigh, East Main Road, Le Roy, N.Y., 14482, au­ service has been made. The proteste ni Wake County, N.C., with the approxi­ thorizing the transportation of general be specific as to the service which su mate distances involved set forth in (iii) commodities, with the usual exceptions, (a) above. protestant can and will offer, and mus between Le Roy, N.Y., and Rochester, consist of a signed original and 6 copies. N.Y., serving all intermediate points; and In the opinion of the applicants, the A copy of the application is on file, au Commission action requested by this ap­ general commodities, except household plication will have no effect on the qual­ goods as defined by the Commission, can be examined at the Office of the Sec

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 NOTICES 12861 retary, Interstate Commerce Commis­ contract carrier, by motor vehicle, over commodities (except household goods as sion, Washington, D.C., and also in field regular routes, transporting: General defined by the Commission, commodities office to which protests are to be trans­ commodities (except household goods as in bulk, and those requiring special mitted. defined by the Commission, commodities equipment), (1) between Rapid City, S. in bulk, and those requiring special Dak. and junction U.S. 18 and U.S. 85 at M otor Carriers of P roperty equipment), (A) between Rapid City, Mule Creek Junction, Wyo., from Rapid No. MC 41406 (sub-No. 33 TA), filed S. Dak., and Billings, Mont., serving all City, S. Dak. south over South Dakota April 30, 1973. Applicant: ARTJM intermediate points, and (B) between Highway 79 to junction U.S. 18, thence TRANSPORTATION SYSTEM, INC., Rapid City, S. Dak., over U.S. Highway over U.S. 18 to junction U.S. 85 and re­ 7105 Kennedy Ave., P.O. Box 2176, Ham­ 14 and Interstate Highway 90 to Sun­ turn; and (2) between Rapid City, S. mond, Ind. 46323. Applicant’s representa­ dance, Wyo., thence west over Interstate Dak. and Lusk, Wyo., from Rapid City, S. tive: William J. Walsh (same address as Highway 90 to junction U.S. Highway Dak. over South Dakota Highway 79 to applicant). Authority sought to operate 14 near Moorcroft, Wyo., thence west junction U.S. 385, thence south over U.S. as a common carrier, by motor vehicle, over U.S. Highway 14 to junction Inter­ 385 to junction U.S. 20, thence west over over irregular routes, transporting: Lead state Highway 90, thence north over In­ U.S. 20 to Lusk, Wyo. and return, for 180 oxide, dry in bulk, in tank trailers, from terstate Highway 90 to junction U.S. days. Hammond, Ind., to Conshohocken, Pa.; Highway 87, thence north over U.S. High­ Note.—Applicant seeks authorization to al­ Farmington, Mich.; Fremont, Ohio, and way 87 and Interstate Highway 90 to Bill­ low service to the commercial zones of all Louisville, Ky., for 180 days. Supporting ings, Mont., and return, for 180 days. service points provided for above and ap­ plicant intends to tack with its present shipper: Hammond Lead Products, Inc., Note.—Applicant seeks authorization to certificates. Applicant also intends to tack P.O. Box 308, 5231 Hohman Avenue, allow service to the commercial zones of all the various authority as sought herein at Hammond, Ind. 46325. Send protests to: service points provided for above and appli­ Lusk, Newcastle, and Mule Creek Junction, District Supervisor J. H. Gray, Bureau of cant intends to tack with its present certifi­ Wyo. and to tack all authorities as sought Operations, Interstate Commerce Com­ cates. Applicant also intends to tack at Rapid with the carrier’s existing routes at Rapid City, S. Dak., with all of the carrier’s exist­ City, S. Dak. mission, 345 West Wayne Street, room ing authority. 204, Fort Wayne, Ind. 46802. Supporting shippers: There are ap­ Supporting shippers: There are ap­ No. MC 44639 (sub-No. 69 TA), filed proximately 20 statements of support at­ proximately 92 statements of support at­ April 30, 1973. Applicant: L. & M. EX­ tached to the application, which may be tached to the application, which may be PRESS CO., INC., 220 Ridge Road, Lynd- examined here at the Interstate Com­ examined here at the Interstate Com­ hurst, N.J. 07071. Applicant’s representa­ merce Commission in Washington, D.C., merce Commission in Washington, D.C., tive: Herman B. J. Weckstein, 60 Park or copies thereof which may be examined or copies thereof which may be examined Place, Newark, N.J. 07102. Authority at the field office named below. Send pro­ at the field office named below. Send pro­ sought to operate as a common carrier, tests to: J. L. Hammond, District Super­ tests to: J. L. Hammond, District Super­ by motor vehicle, over irregular routes, visor, Bureau of Operations, Interstate visor, Bureau of Operations, Interstate transporting: Wearing apparel and ma­ Commerce Commission, room 369, Fed­ Commerce Commission, room 369, Fed­ terials and supplies used in the manufac­ eral Building, Pierre, S. Dak. 57501. eral Building, Pierre, S. Dak. 57501. ture of wearing apparel, between Weldon, No. MC 97699 (sub-No. 38 TA), No. MC 107678 (sub-No. 50 T A ), filed N.C., on the one hand, and, on the other, May 1, 1973. Applicant: HILL & HILL New York, N.Y., commercial zone, for filed April 30, 1973. Applicant: BARBER TRANSPORTATION CO., Deadwood TRUCK LINE, INC., 14942 Talcott 180 days. Supporting shipper: En Route Street, Mailing: P.O. Box 9698, Houston, Maternity Modes, Inc., 1350 Broadway, Avenue, P. O. Drawer 2047, Rapid City, S. Dak. 57701. Applicant’s representa­ Tex. 77015. Applicant’s representative: New York, N.Y. Send protests to: District Jay W. Elston, Bank of the Southwest Supervisor Joel Morrows, Bureau of Op­ tive: Leslie R. Kehl, suite 1600, Lincoln Center, 1660 Lincoln Street, Denver, Colo. Building, Houston, Tex. 77002. Authority erations, Interstate Commerce Commis­ sought to operate as a common carrier, sion, 970 Broad Street, Newark, N.J. 80203. Authority sought to operate as a 07102. common carrier, by motor vehicle, over by motor vehicle, over irregular routes, regular routes, transporting: (A) G en­ transporting: Animal feed, animal feed No. MC 51146 (sub-No. 318 TA), filed eral commodities (except household products, and products used in the man­ May 1, 1973, Applicant: SCHNEIDER goods as defined by the Commission, ufacture of animal feed, from the port of TRANSPORT, INC., 2661 South Broad­ commodities in bulk, and those requiring entry on the international boundary line way, P.O. Box 2298 (box Zip 54306), special equipment), (1) between Rapid at Sweetgrass, Mont., to points in Mon­ Green Bay, Wis. 54304. Applicant’s repre­ City, S. Dak. and Cheyenne, Wyo. serv­ tana, North Dakota, South Dakota, Wyo­ sentative: D. F. Martin (same address as ing all intermediate points, from Rapid ming, Colorado, and Utah, for 180 days. applicant). Authority sought to operate City, S. Dak., over U.S. 16 to Newcastle, Supporting shipper: Pillsbury Canada as a common carrier, by motor vehicle, Wyo., thence south over U.S. 85 to junc­ Ltd., 501, 206—Seventh Avenue SW., over irregular routes, transporting: tion Interstate 25, thence south over In­ Calgary, Alberta T2P OW8, Canada. Clothing on hangers and miscellaneous terstate 25 to Cheyenne, Wyo. and re­ Send protests to: John C. Redus, District department store merchandise in car­ turn; (2) between Lusk, Wyo. and Casper Supervisor, Bureau of Operations, Inter­ tons, from Secaucus, N.J., to Columbus, Wyo. serving all intermediate points, state Commerce Commission, P.O. Box Mansfield, and Lima, Ohio and Indianap­ from Lusk west over U.S. 20 to junction 61212, Houston, Tex. 77061. olis, Ind., for 180 days. Supporting ship­ Interstate 25, thence over Interstate 25 No. MC 107882 (sub-No. 28 T A ), filed per: The F&R Lazarus Co., a division of to Casper, Wyo. and return; (3) between May 1, 1973. Applicant: ARMORED Federated Department Stores, Inc., Rapid City, S. Dak. and Sheridan, Wyo. MOTOR SERVICE CORP., 160 Ewing- Columbus, Ohio 43216 (Jack R. Hessen- serving all intermediate points, from ville Road, Trenton, N.J. 08638. Author­ auer, traffic manager). Send protests to: Rapid City, S. Dak. over U.S. 14 and In­ ity sought to operate as a contract car­ district Supervisor John E. Ryden, terstate 90 to Sundance, Wyo., thence rier, by motor vehicle, over irregular ureau of Operations, Interstate Com­ west over Interstate 90 to junction U.S. routes, transporting: Silver bullion, from merce Commission, 135 West Wells 14 near Moorcraft, Wyo., thence west West Point and New York, N.Y., to any street, room 807, Milwaukee, Wis. 53203. over U.S. 14 to junction U.S. 90 near point in the commercial zone of Chicago, No MC 97699 (sub-No. 37 TA), Gillette, thence over U.S. 90 to Sheridan, 111., for 180 days. Supporting shipper: April 30, 1973. Applicant: BARBER Wyo. and return; and (4) between New­ General Services Administration, Fed­ TRANSPORTATION CO„ Deadwood castle, Wyo. and Moorcroft, Wyo., serv­ eral Supply Service, Washington, D.C. R tv? 6’ P'O. Drawer 2047, Rapid City, ing all intermediate points, from New­ 20406. Send protests to: Richard M. T LT™« Applicant’s representative: castle, Wyo. over U.S. 16 to Moorcroft, Regan, District Supervisor, Interstate i f r * Kehl, suite 1600, Lincoln Cen- Wyo. and return; and (B) Alternate Commerce Commission, Bureau of Oper­ irnoVvo * J-àPooln Street, Denver, Colo. routes for operating convenience only ations, 428 East State Street, room 204, Od. Authority sought to operate as a serving no intermediate points: General Trenton, N.J. 08608.

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 12862 NOTICES

No. MC 109847 (sub-No. 14 T A ), filed cola Road, Springfield, Oreg. 97477. Ap­ Mason City, Iowa, and Portage, Wis., to April 30, 1973. Applicant: BOSS-LINCO plicant’s representative: Earle V. White, Boston, Brockton, Holyoke, and Cam­ LINES, INC., 1 West Genesee Street, 210 Farley Building, Portland, Oreg. Au­ bridge, Mass.; Pittsburgh, Doylestown, Suite 450, Buffalo, N.Y. 14240. Authority thority sought to operate as a contract and Philadelphia, Pa.; and Jamestown sought to operate as a common carrier, carrier, by motor vehicle, over irregular and Rochester, N.Y., for 150 days. Sup­ by motor vehicle, over regular routes, routes, transporting: Laminated wood porting shipper: Associated Milk Pro­ transporting: General commodities (ex­ products; prefabricated wooden timbers; ducers, Inc., P.O. Box 61, Mason City, cept those of unusual value, class A and trusses, and beams; and accessories used Iowa 50401. Send protests to: Herbert w! B explosives, household goods as defined in the erection, construction^ and com­ Allen, Transportation Specialist, Bureau by the Commission, commodities in bulk, pletion of the foregoing when transported of Operations, Interstate Commerce and those requiring special equipment), therewith, from Riddle, Oreg., to points Commission, 875 Federal Building, Des serving Middleville and Newport, N.Y. as in California, under a continuing con­ Moines, Iowa 50309. off-route points in connection with ap­ tract with D. R. Johnson Lumber Co., plicant’s regular-route operations be­ for 180 days. Supporting Shipper: D. R. No. MC 128645 (sub-No. 5 TA), filed tween Syracuse, N.Y. and Perth Amboy, Johnson Lumber Co., Box 66, Riddle, May 1, 1973. Applicant: RAY L. KRALL, N.J. as defined in sub 5 to its certificate Oreg. 97469. Send protests to: A. E. P.O. Box 355, Carson, Wash. 98610. Ap­ MC-109847 dated March 6, 1959, for 180 Odoms, District Supervisor, Interstate plicant’s representative : David C. White, days. Commerce Commission, Bureau of Oper­ 2400 Southwest Fourth Avenue, Portland, ations, 450 Multnomah Building, 319 Oreg. 97201. Authority sought to operate Note.—Applicant intends to tack with as a contract carrier, by motor vehicle, MC-109847 (sub-No. 5). Southwest Pine Street, Portland, Oreg. 97204. over irregular routes, transporting: Ply­ Supporting shippers: (1) The E. J. wood for the account of Ellison’s In­ Willis Co., Middleville, N.Y. 13406; (2) No. MC 124078 (subrNo. 545 T A ), filed dustries, Inc., from Astoria, Oreg., to Borden, Inc., Newport, N.Y.; (3) Muel­ April 30,1973. Applicant: SCHWERMAN Washougal, Wash., for 180 days. Sup­ ler’s Cabinet Shop, P.O. Box 73, Fairfield TRUCKING CO., 611 South 28th Street, porting shipper: Ellison’s Industries, 722 Street, Middleville, N.Y. 13406; (4) Milwaukee, Wis. 53215. Applicant’s rep­ South 27th Street, Washougal, Wash. Country Town Gifts, Middleville, N.Y. resentative: Richard H. Prevette (same 98671. Send protests to: District Super­ 13406; (5) The Martin-Deichsel Leather address as applicant). Authority sought visor W. J. Huetig, Bureau of Operations, Co. Inc., Middleville, N.Y. 13406; (6) to operate as a common carrier, by motor Interstate Commerce Commission, 450 Soron Radio & Appliance Store Sales vehicle, over irregular routes, transport­ Multnomah Building, 319 Southwest and Service, Newport, N.Y.; and (7) Five ing: Sand, in bulk, in tank vehicles, from Pine Street, Portland, Oreg. 97204. Tuscaloosa, Ala., to La Grange, Ga., for and Dime, Main Street, Newport, N.Y. No. MC 129516 (sub-No. 14 TA), filed Send protests to: George M. Parker, Dis­ 180 days. Supporting Shipper: Hardy Sand Co., Evansville, Ind. 47701 (Harry April 30, 1973. Applicant: PATTONS, trict Supervisor, Bureau of Operations, INC., 2300 Canyon Road, Ellensburg, Interstate Commerce Commission, 612 P. Hardy, partner). Send protests to: District Supervisor John E. Ryden, Inter­ Wash. 98926. Applicants’ representative: Federal Building, 111 West Huron Street, James T. Johnson, 1610 IBM Building, Buffalo, N.Y. 14202. state Commerce Commission, Bureau of Operations, 135 West Wells Street, room 1200 Fifth Avenue, Seattle, Wash. 98101. No. MC 113828 (sub-No. 208 TA), filed 807, Milwaukee, Wis. 53203. Authority sought to operate as a common April 27, 1973. Applicant: O’BOYLE carrier, by motor vehicle, over irregular TANK LINES INC., Mailing: P.O. Box No. MC 126402 (sub-No. 11 TA), filed routes, transporting: Dehydrated potato 30006 Washington D.C. 20014, and Of­ April 30, 1973. Applicant: JACK WALK­ granules, from ports of entry on the fice: 5320 Marinelli Drive, Montrose In­ ER TRUCKING SERVICE, INC.,. 844 United States-Canada international dustrial Park, Rockville, Md. 20852. Ap­ Loudon Avenue, Lexington, Ky. 40508. boundary line lying in Idaho, Montana, plicant’s representative: Michael A. Applicant’s representative: George M. and North Dakota, to points in Washing­ Grimm (same address as applicant). Au­ Catlett, 703-706 McClure Building, ton, Oregon, California, Nevada, Idaho, thority sought to operate as a common Frankfort, Ky. 40601. Authority sought Utah, Arizona, Montana, Wyoming, Colo­ carrier, by motor vehicle, over irregular, to operate as a common carrier, by motor rado, New Mexico, North Dakota, South routes, transporting: Nitrogen solutions, vehicle, over irregular routes, transport­ Dakota, Nebraska, Kansas, Oklahoma, from Skyline Terminals, Inc., in Balti­ ing: Malt beverages, in containers, and Minnesota, Iowa, Missouri, Arkansas, more, Md., to points in Adams, Berks, related advertising material, and em pty Louisiana, Illinois, Texas, and Wisconsin Columbia, Cumberland, Dauphin, Lan­ malt beverage containers on return, for 180 days. Supporting shipper: Vaux- caster, Lebanon, Lycoming, York, North­ from: (1) Memphis, Tenn., to points in hall Foods Ltd., Marketing Division, 433- umberland, and Washington Counties, Nelson County, Ky.; (2) from Detroit, M Mayor Magrath Drive, Lethbridge, Al­ Pa.; Baltimore, Caroline, Charles, Fred­ Mich., to points in Clark County, Ky.; berta, Canada. Send protests to: District erick, Harford, Prince Georges, St. and (3) from Evansville, Ind., to points Supervisor W. J. Huetig, Bureau of Oper­ Marys, and Talbert Counties, Md.; in Clark County, Ky., for 180 days. Sup­ ations, Interstate Commerce Commis­ Albemarle, Carolina, Clark, Culpeper, porting shipper: Melvin Agee, Clark sion, 450 Multnomah Building, 319 Essex, Fairfax, Fauquier, Frederick, County Distributing Co., 6 Jefferson Southwest Pine Street, Portland, Oreg. King George, Loudon, Louisa, Northum­ Street, Winchester, Ky. 40391 and Wil­ 97204. berland, Prince William, Richmond, liam J. Smith, Bardstown Distributing No. MC 133219 (sub-No. 8 TA), filed Shenandoah, Spotsylvania, and West­ Co., Box 99, Bardstown, Ky. 40004. Send April 26, 1973. Applicant: PARKS moreland Counties, Va., for 180 days. protests to: R. W. Schneiter, District Su­ TRANSPORTS, INC., R.F.D. No. 2, Ash­ Supporting shippers: Swift Chemical pervisor, Interstate Commerce Commis­ land, Nebr. 68003. Applicant’s represent­ Co., P.O. Box 340, Glen Burnie, Md. sion, Bureau of Operations, 222 Bakhaus ative: Patrick E. Quinn, 605 South 14th 21061; Skyline Terminals, Inc., 1910 Rus­ Building, 1500 West Main Street, Lexing­ Street,' P.O. Box 82028, Lincoln, Nebr. sell Street, Baltimore, Md. 21230; and ton, Ky. 40505. 68501; Authority sought to operate as a Royster Co., P.O. Drawer 1940, Norfolk, No. MC 128075 (sub-No. 27 TA ), filed common carrier, by motor vehicle; over Va. 23501. Send protests to: Robert D. April 26,1973. Applicant: LEON JOHNS- irregular routes, transporting: Liqwd Caldwell, District Supervisor, Bureau of RUD, P.O. Box 447, Cresco, Iowa 52136. feed and liquid feed supplements, in bulk, Operations, Interstate Commerce Com­ Applicant's representative: Val M. Hig­ mission, 12th Street and Constitution in tank vehicles, from Lincoln, Nebr., to gins, 1000 First National Bank Building, points in Colorado, Iowa, Kansas, Mis­ Avenue NW., Washington, D.C. 20423. Minneapolis, Minn. 55402. Authority souri South Dakota, and Wyoming, for No. MC 116474 (sub-No. 26 TA), filed sought to operate as a common carrier, April 30, 1973. Applicant: LEAVITTS by motor vehicle, over irregular routes, 180 days. Supporting shipper: G o°ch FREIGHT SERVICE, INC., 3855 Mar-. transporting: Dairy products, from Milling & Elevator Co. (Division of ADM

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 NOTICES 12863

Milling Co.), Lincoln, Nebr. Send pro­ Oklahoma, and Texas, and (2) from No. MC 138395 (sub-No. 1 TA), filed tests to: Max H. Johnston, District Su­ points in Bernalillo County, N. Mex., to May 2, 1973. Applicant: DOUGLAS H. pervisor, Bureau of Operations, Inter­ points in . Montrose, Montezuma, La WEST, P.O. Box 1274, Salisbury, state Commerce Commission, 315 F e d ­ Plata, Rio Grande, and Archuleta Coun­ Md. 21801. Applicant’s representative: eral Building, Lincoln, Nebr. 68508. ties, Colo., for 180 days. Supporting ship­ Charles E. Creager, suite 523, 816 Easley No. MC 134401 (sub-No. 5 TA), filed per: Sagebrush Sales Co., P.O. Box 25021, Street, Silver Spring, Md. 20910. Au­ April 30, 1973. Applicant: SHERWOOD Albuquerque, N. Mex. 87125. Send pro­ thority sought to operate as a common W. HUME, doing business as HUME tests to: William R. Murdoch,.District carrier, by motor vehicle, over irregular Supervisor, Bureau of Operations, Inter­ routes, transporting: Scrap steel for EQUIPMENT CO., 141 Bell Street, Mil- state Commerce Commission, 1106 Fed­ ton, Ontario, Canada. Authority sought recycling purposes, from Salisbury, Md., eral Office Building, 517 Gold Avenue to Philadelphia, Pa., and Camden and to operate as a common carrier, by motor SW., Albuquerque, N. Mex. 87101. vehicle, over irregular routes, transport­ Burlington, N.J., for 180 days. Support­ ing: Agricultural machinery and imple­ No. MC 136899 (sub-No. 5 TA), filed ing shipper: H. D. Metal Co., Inc., ments and parts and attachments and May 2, 1973. Applicant: HIGGINS Boundary Street, ¿Salisbury, Md. 21801. material used in assembly and repair for TRANSPORTATION LTD., 824 Valley Send protests to: Robert D. Caldwell, agricultural machinery when moving in View Drive, Richland Center, Wis. 53581. District Supervisor, Interstate Commerce straight or mixed loads: (1) From Applicant’s representative: Michael Commission, Bureau of Operations, 12th Charles City and Ames, Iowa; Racine, Wyngaard, 125 West Doty Street, Madi­ Street and Constitution Avenue NW., Wis.; Hopkins, Minn.; Peoria, Gridley, son, Wis. 53703. Authority sought to op­ Washington, D.C. 20423. Mendota, Havana, Chicago, Quincy, and erate as a common carrier, by motor ve­ No. MC 138407 (sub-No. 1 TA) La Salle, HI.; Minneapolis, Minn.; Hess- hicle, over irregular routes, transporting: (amendment)-, filed March 23,1973, pub­ ton and Hutchinson, Kans.; Lafayette Plastic pipe and conduit, and materials, lished in the F ederal R egister issue of and Winamac, Ind.; Detroit and Buchan­ supplies, tools, and fittings used in the April 17, 1973, and republished as an, Mich.; Cleveland, Ohio; and Mid­ installation of plastic pipe and conduit, amended this issue. Applicant: LAH- land, Pa., to ports of entry on the in­ from Madison, Wis., to points in the MANN INTERNATIONAL CORP., 214 ternational boundary line between the United States (except Alaska and Ha­ West Elder Street, Cincinnati, Ohio United States and Canada at Port Huron waii) , for 180 days. Supporting shipper: 45210. Applicant’s representative: Lar- and Detroit, Mich., and Alexandria Bay, Hurlbut Plastic Pipe Corp., 1241 Gilson ence J. Lahmann (same address as ap­ Buffalo, Niagara Falls, and Lewiston, Street, Madison, Wis. Send protests to: plicant) . Authority sought to operate N.Y., to points in Canada, restricted to Barney L. Hardin, District Supervisor, as a common carrier, by motor vehicle, shipments moving for and on behalf of Bureau of Operations, Interstate Com­ over irregular routes, transporting: G en­ White-Cockshutt Farm Equipment with merce Commission, 139 West Wilson eral commodities, between the Greater its head office at Brantford, Ontario, and Street, room 202, Madison, Wis. 53703. Cincinnati Airport near Cincinnati, its dealers and distributors in Canada No. MC 138192 (sub-No. 1 TA), filed Ohio; the James M. Cox Municipal Air­ and (2) from Charles City, Iowa; South May 1, 1973. Applicant: JAMISON MO­ port, near Dayton, Ohio; and the Detroit Bend, Ind.; Hesston, Kans.; Racine and TOR LINES, INC., 516 Warren Avenue, Metropolitan Airport near Detroit, Mich., Appleton, Wis.; Albert Lea, Minn.; and Dade City, Fla. 33525. Authority sought restricted to traffic having a prior or Quincy, HI., to ports of entry on the to operate as a common carrier, by motor subsequent movement by air, for 180 international boundary line between the vehicle, over irregular routes, transport­ days. Supporting shippers: Pan Ameri­ United States and Canada at Port Huron ing: Plastic and paper containers and can World Airways, P.O. Box 75105, and Detroit, Mich.; and Alexandria Bay, component parts and accessories thereof, Greater Cincinnati Airport, Cincinnati, Buffalo, Niagara Falls, Lewiston, and from the plantsite and warehouse of Ohio 45275; British Overseas Airways Champlain, N.Y.; Swanton and Derby Major Plastics, Inc., at Deming, N. Mex.; Corp., 240 Hanna Building, Euclid Ave­ line, Vt., to points on the international Watsonville, Salinas, Los Angeles, Santa nue, Cleveland, Ohio 44115; Seaboard boundary line between Quebec and On­ Ana, and San Francisco, Calif., to points World Airlines, P.O. Box 81222, Cleve­ tario, Canada, and the United States, re­ in Georgia, Florida, Alabama, Tennessee, land Hopkins International Airport, stricted to shipments moving for and Louisiana, North Carolina, and South Cleveland, Ohio 44181; and Henry A. on behalf of the Cooperative Federee de Carolina, for 180 days. Supporting ship­ Wess, Inc., Gwynne Building, 602 Main Quebec and its affiliates, for 150 days. per: Major Plastics, Inc., 369 South Rob­ Street, Cincinnati, Ohio 45202. Send pro­ Supporting shippers: White Cockshutt ertson Boulevard, suite D, Beverly Hills, tests to: Paul J. Lowry, District Super­ Farm Equipment, a Division of White Calif. 90211. Send protests to: District visor, Bureau of Operations, Interstate Motor Corp. of Canada, Ltd., Brantford, Supervisor G. H. Fauss, Jr., Bureau of Commerce Commission, 5514-B Federal Ontario, Canada N3T 5R7 and Coopera­ Operations, Interstate Commerce Com­ Building, 550 Main Street, Cincinnati, tive Federee de Quebec, 1055 Rue Hu mission, Box 35008, 400 West Bay Street, Ohio 45202. Marche Central, C.P. 500, Station You- Jacksonville, Fla. 32202. «Ue, Montreal, Quebec, Canada. Send No. MC 138648 (sub-No. 1 TA) filed protests to: George M. Parker, District No. MC 138372 (sub-No. 1 TA), filed April 25, 1973. Applicant: ROBERT supervisor, Bureau of Operations, Inter­ April 30, 1973. Applicant: GOSHEN EASTHAM, doing business as ALTON state Commerce Commission, 612 Fed- TRANSPORT, INC., P.O. Box 76, Goshen, EMERGENCY DELIVERY, 228 Arbor erai Building, i l l West Huron Street, Oreg. 97401. Applicant’s representative: Drive, Alton, HI. 62002. Applicant’s rep­ Buffalo, N.Y. 14202 Earle V. White, 210 Farley Building, resentative: B. W. LaTourette, Jr., 1850 Portland, Oreg. 97201. Authority sought Railway Exchange Building, 611 Olive No. MC 135082 (sub-No. 2 TA), filed to operate as a contract carrier, by motor Street, St. Louis, Mo. 63101. Authority FaTTP^rvri97^ APPlicant: BURSCH vehicle, over irregular routes, transport­ sought to operate as a common carrier, •TOUCHING, INC., 415 Rankin Road NE. ing: Roofing granules, under contract by motor vehicle, over irregular routes, 3 ? e/ que- N* Mex- 87107. Authority with Herbert Malarkey Roofing Co., from transporting: Fabricated machine parts, hv 0 °Pefa^e as a'common carrier Minnesota Mining .& Manufacturing tractor and mobile equipment parts, mill y motor vehicle, over irregular routes Plant at or near Corona, Calif., to Port­ supply items, electrical parts and motors, 7w ^ ° i tmg: Lumber and lumber prod- land, Oreg., for 180 days. Supporting gauges and valves, and checks and money mp, ’Ä een P°ints in Colorado on the shipper; Malarkey Roofing Co., P.O. Box orders, restricted to emergency ship­ M * ■ £ and Points in Arizona, Nev 17217, Portland, Oreg. 97217. Send pro­ ments not exceeding 1,500 pounds, from on h , J£ansas’ Oklahoma, and Texas, tests to: A. E. Odoms, District Super­ any one consignor to any one consignee, v Ä T : hand, (1) from points ir visor, Bureau of Operations, Interstate on any day, between points in St. Louis ontrose, Montezuma, La Plata, Ric Commerce Commission, 450 Multnomah and St. Louis County, Mo. and Alton, wande, and Archuleta Counties, Colo., tc Building, 319 Southwest Pine Street, Hartford, Carlinville, Litchfield, Green­ to s in New Mexico, Arizona, Kansas Portland, Oreg. 97204. ville, Collinsville, and Belleville, HI., for

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M A Y 16, 1973 No. 94—Pt. i- ■10 12864 NOTICES

180 days. Supporting shippers: East Al­ ing, crating, and containerization or un­ cally noted, each applicant states that ton Supply Co., Inc., 328 Shamrock packing, uncrating, and decontaineriza­ there will be no significant effect on the Street, East Alton, 111. 62024; Lenhardt tion of such traffic, between points in the quality of the human environment re­ Tool & Die Co., 3100 E. Broadway, P.O. counties and cities of Fairfax County, sulting from approval of its application, Box 279, Alton, HI. 62002; and Chemico Va.; Prince William County, Va.; Prince for temporary authority under section Metals Corp., P.O. Box 187, Alton, HI. Georges County, Md.; Montgomery 210a(a) of the Interstate Commerce Act 62002. Send protests to: Harold C. Jolliff, County, Md.; Baltimore County, Aid.; provided for under the new rules of Ex District Supervisor, Bureau of Opera­ Anne Arundel County, Md.; Arlington parte No. MC-67 (49 CFR 1131), pub­ tions, Interstate Commerce Commission, County, Va.; City of Alexandria, Va.; lished in the F ederal R egister, issue of Leland Office Building, 527 East Capitol City of Fairfax, Va.; City of Falls April 27,1965, effective July 1,1965. These Ave., room 414, Springfield, HI. 62701. Church, Va.; City of Baltimore, Md.; the rules provide that protests to the grant­ No. MC 138658 TA, filed April 30, 1973. District of Columbia, Fauquier County, ing of an application must be filed with Applicant: CROSS TRANSPORTA­ Va. and Stafford County, Va., for 180 the field official named in the F ederal TION, INC., 100 Factory Street, Lewis, days. Supporting shippers: Empire R egister publication, within 15 calendar Kans. 67552. Applicant’s representative: Household Goods Shipping Company of days after the date of notice of the filing Clyde N. Christey, 641 Harrison, Topeka, New York, Inc., 187 Florida Street, of the application is published in the Kans. 66603. Authority sought to oper­ Farmingdale, N.Y. 11735, and Delcher F ederal R egister. One copy of such pro­ ate as a contract carrier, by motor ve­ Intercontinental Moving Service, Inc., tests must be served on the applicant, or hicle, over irregular routes, transporting: 4219 Central Avenue, P.O. Box 10880, St. its authorized representative, if any, and (1) Hydraulic cylinders, fittings, adapt­ Petersburg, Fla. 33733. Send protests to: the protests must certify that such serv­ ers, valves, pumps and motors; and hy­ Robert D. Caldwell, District Supervisor, ice has been made. The protests must be draulic coupling equipment, from the Bureau of Operations, Interstate Com­ specific as to the service which such pro- plantsite and/or storage facilities of merce Commission, 12th Street and Con­ testant can and will offer, and must con­ Cross Manufacturing, Inc. at or near stitution Avenue NW., Washington, D.C. sist of a signed original and six copies. Lewis, Hays, Pratt, and Kinsley, Kans., 20423. A copy of the application is on file, and and Lamar, Colo., to points in Alabama, No. MC 138662 TA filed May 1, 1973. can be examined at the Office of the Arkansas, California, Colorado, Con­ Applicant: JERRY M. GREEN, doing Secretary, Interstate Commerce Commis­ necticut, Delaware, Florida, Georgia, H- business as PALACE TRANSFER AND sion, Washington, D.C., and also in field linois, Indiana, Iowa, Kentucky, Louisi­ STORAGE CO., 3200 West Picacho, Las office to which protests are to be ana, Maine, Maryland, Massachusetts, Cruces, N. Mex. 88001. Applicant’s rep­ transmitted. Michigan, Minnesota, Mississippi, Mis­ resentative: Edwin E. Piper, Jr., 1115 M otor Carriers of Property souri, Montana, Nebraska, New Hamp­ Simms Building, Albuquerque, N. Mex. No. MC 730 (sub-No. 345 TA), filed shire, New Jersey, New York, North 87101. Authority sought to operate as a May 2, 1973. Applicant: PACIFIC IN­ Carolina, North Dakota, Ohio, Okla­ common carrier, by motor vehicle, over TERMOUNTAIN EXPRESS CO., 1417 homa, Pennsylvania, Rhode Island, irregular routes, transporting: Used Clay Street, P.O. Box 958, Oakland, Calif. South Carolina, South Dakota, Tennes­ household goods, unaccompanied bag­ 94604. Applicant’s representative: R. N. see, Texas, Vermont, Virginia, West Vir­ gage and personal effects, between points Cooledge (same address as applicant). ginia, Wisconsin, and Provo, Utah; (2) in Dona Ana, Otero, Luna, Hidalgo, and Authority sought to operate as a common steel tubes, bars and plates, and raw Grant Counties, N. Mex., for 180 days. currier, by motor vehicle, over irregular castings, from Hlinois, Indiana, Michi­ Restriction: The service authorized here­ routes, transporting: Benzoic acid, in gan, Ohio, Pennsylvania, Utah, and in is restricted to the transportation of bulk, in tank vehicles, from Kalama, Texas, to the plantsite and/or storage traffic having a prior or subsequent Wash., to Chattanooga, Tenn., for 180 facilities of Cross Manufacturing, Inc. movement, in containers, beyond the days. Supporting shipper: Velsicol at Lewis, Hays, Pratt, and Kinsley, Kans., points authorized and further restricted Chemical Corp., 341 East Ohio Street, and Lamar, Colo.; and (3) hydraulic to the performance of a pickup and Chicago, HI. 60611. Send protests to: cylinders, • fittings, adapters, valves, delivery service in connection with pack­ A. J. Rodriguez, District Supervisor, pumps and motors; hydraulic coupling ing, crating and containerization or un­ Bureau of Operations, Interstate Com­ equipment; steel tubes, bars and plates, packing, uncrating and decontaineriza­ merce Commission, 450 Golden Gate and raw castings, between the plantsite tion of such traffic. Supporting shippers: Avenue, Box 36004, San Francisco, Calif. and/or storage facilities of Cross Manu­ Republic Van & Storage Co., Inc„ P.O. 94102. facturing, Inc. at or near Lewis, Hays, Box 8635, Baltimore, Md. 21234; Sunpak Pratt, and Kinsley, Kans., on the one Movers, Inc., 100 West Harrison Plaza, No. MC 13134 (sub-No. 33 TA), filed hand, and, the plantsite and/or storage Seattle, Wash.; Rocky Ford Moving Vans, April 30, 1973. Applicant: GRANT facilities of Cross Manufacturing, Inc. Inc., P.O. Box 11, Midland, Tex. 79701; TRUCKING, INC., P.O. Box 256, Ohio at or near Lamar, Colo., on the other HC&D Forwarders International, Inc., State Route No. 93, North Oak Hill, Ohio hand, for 150 days. Supporting shipper: P.O. Box 4795, Howard, Calif. 94540; 45656. Applicant’s representative: A. Cross Manufacturing, Inc., 100 Factory Asiatic Forwarders, Inc., 335 Valencia St., Charles Tell, 100 East Broad Street, Street, Lewis, Kans. 67552. Send pro­ San Francisco, Calif. 94103; and Depart­ Columbus, Ohio 43215. Authority sought tests to: M. E. Taylor, District Supervi­ ment of the Army, Office of the Judge to operate as a common carrier, by motor sor, Bureau of Operations, Interstate Advocate General, Washington, D.C. vehicle, over irregular routes, transport­ Commerce Commission, 501 Petroleum 20310. Send protests to: William R. Mur­ ing: Buildings, fabricated, iron or steel, Building, Wichita, Kans. 67202. doch, District Supervisor, Bureau of knocked down and wrought iron or steel conduit 'pipe and conduit fittings, from No. MC 138659 TA filed April 27, 1973. Operations, Interstate Commerce Com­ mission, 1106 Federal Office Building, 517 Parkersburg, W. Va., to points in, ana Applicant: MODERN TRANSPORTA­ east of Wisconsin, Hlinois, Kentucky, TION SERVICE, INC., 458 South Pickett Gold Avenue SW., Albuquerque, N. Mex. 87101. Tennessee, Mississippi, and Louisiana, for Street, Alexandria, Va. 22304. Applicant’s 180 days. Supporting shipper: Walker/ representative: Arthur W. Appleby (same By the Commission. Parkersburg, P.O. Box 1828, Parkers­ address as applicant). Authority sought [ seal! R obert L. Oswald, burg, W. Va. 26101, attention: Robert to operate as a common carrier, by motor Secretary. Trevisol, distribution manager. Sen, vehicle, over irregular routes, transport­ [FR Doc.73-9730 Filed 5-15-73:8:45 am] protests to: H. R. White, District Super­ ing: Used household goods as defined by visor, Interstate Commerce Commission, the Commission, and unaccompanied Bureau of Operations, 3108 Federal Offlc baggage, restricted to the transportation [Notice 62] Building, 500 Quarrier Street, Charleston, of traffic having a prior or subsequent MOTOR CARRIER TEMPORARY W. Va. 25301. movement in containers, beyond the AUTHORITY APPLICATIONS No. MC 29910 (sub-No. 130 TA), fi^d points authorized, and further restricted May 10,1973. May 2, 1973. Applicant: ARKAN&a°* to the performance of pick-up and de­ The following are notices of filing of BEST FREIGHT, SYSTEM, INC., W livery service in connection with pack- application, except as otherwise specifl- South 11th Street, Fort Smith, ate.

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 NOTICES 12865

72901. Authority sought to operate as a of Operations, Interstate Commerce Bank Building, Phoenix, Ariz. 85012. Au­ common carrier, by motor vehicle, over Commission, Everett McKinley Dirksen thority sought to operate as a contract regular routes, transporting: General Building, 219 South Dearborn Street, carrier, by motor vehicle, over irregular commodities (except those of unusual room 1086, Chicago, 111. 60604. routes, transporting: Lumber, from that value, household goods as defined by the Note.—The purpose of this republication portion of California lying north of the Commission, commodities in bulk, and is to add (other than those designed to be northern boundaries of San Luis Obispo, commodities requiring special equip­ drawn by passenger automobiles), in initial Kern and San Bernardino Counties, Calif, ment), serving the Highland Industrial movements, which was omitted in error. and Phoenix, Ariz., to points in El Paso Park located in Calhoun, and Ouachita No. MC 112306 (sub-No. 16 TA), filed County, Tex., for 180 days. Supporting Counties, Ark., as an off-route point in May 2, 1973. Applicant: C AND R shipper: Capitol Lumber Co., 200 South connection with applicant’s regular route TRANSFER CO., a corporation, 1315 35th Avenue, P.O. Box 6336, Phoenix, authority, for 180 days. Supporting West Blackhawk Street, Sioux Falls, S. Ariz. 85005. Send protests to: Andrew V. Note.—Applicant does intend to tack with Dak. 57104. Applicant’s representative: Baylor, District Supervisor, Bureau of MC 29910. James W. Olson, 506 West Boulevard, Operations, Interstate Commerce Com­ Rapid City, S. Dak. 57701. Authority mission, 3427 Federal Building, 230 North shippers: Permaneer Corp., 201 Progress First Avenue, Phoenix, Ariz. 85025. Parkway, Maryland Heights, Mo. 63043; sought to operate as a contract carrier, International Paper Co., 220 East 42d by motor vehicle, over irregular routes, No. MC 134323 (sub-No. 44 TA ), filed Street, New York, N.Y. 10017; Baldwin transporting: Treated and untreated May 2, 1973; Applicant: JAY LINES, Electronics, Inc., Camden, Ark. 71701; posts, poles, pilings and lumber, from INC., 720 N. Grand Street, Mailing: P.O. Highland Industrial Park, a division of Whitewood, S. Dak., to points in Wiscon­ Box 4146, Amarillo, Tex. 79107. Appli­ Highland Resources, Inc.; Pace Co. sin, Illinois, and Detroit, Mich., for 180 cant’s representative: Clayton J. Logan Ordnance Systems, P.O. Box 3336, East days. Supporting shipper: Whitewood (same address as applicant). Authority Camden, Ark. 71701; and International Post and Pole, Whitewood, S. Dak., Glen sought to operate as a contract carrier, Telephone and Telegraph, Highland In­ Westberg, president. Send protests to: by motor vehicle, over irregular routes, dustrial Park. Send protests to: District J. L. Hammond, District Supervisor, Bu­ transporting: Fresh carcass lambs, from Supervisor, William H. Land, Jr., Inter­ reau of Operations, Interstate Commerce the plantsite of Swift & Co., Chino, Calif., state Commerce Commission, Bureau of Commission, room 369, Federal Building, to New York City, N.Y. and its commer­ Operations, 2519 Federal Office Building, Pierre, S. Dak. 57501. cial zone and Newark, N.J. and its com­ 700 West Capitol, Little Rock, Ark. 72201. No”. MC 113666 (sub-No. 75 TA), filed mercial zone, for 180 days. Supporting shipper: G. Dwight Weed, manager, No. MC 52460 (sub-No. 122 T A ), filed May 3, 1973. Applicant: FREEPORT TRANSPORT, INC., 1200 Butler Road, Motor Carrier Division, Swift Fresh May 2, 1973. Applicant: HUGH BREED­ Meats Co., a division of Swift & Co., 115 ING, INC., 1420 West 35th Street, P. O. Freeport, Pa. 16229. Applicant’s represen­ tative: Daniel R. Smetanick (same ad­ West Jackson Boulevard, Chicago, 111. Box 9515, Tulsa, Okla. 74107. Applicant’s 60604. Send protests to: Haskell E. Bal­ representative; Steve McCommas (same dress as above). Authority sought to op­ erate as a common carrier, by motor ve­ lard, District Supervisor, Interstate Com­ address as above). Authority sought to merce Commission, Bureau of Opera­ operate as a common carrier, by motor hicle, over irregular routes, transporting: Building materials and supplies (except tions, Box H-4395, Herring Plaza, Ama­ vehicle, over irregular routes, tiansport- rillo, Tex. 79101. ing: Unsymmetrical dimethylhydrazine in bulk), from Warwick, N.Y., to points (UDMH), from Rocky Mountain Arsenal, in Pennsylvania, Maryland, Virginia, No. MC 134323 (sub-No. 45 T A ), filed Ladora, Colo., to A n n is to n Army Depot, West Virginia, Connecticut, Ohio, Michi­ May 2, 1973. Applicant: JAY LINES, Anniston, Ala., for 180 days. Supporting gan, North Carolina, Tennessee, and In­ INC., 720 N. Grand Street, Mailing: P.O. shipper: Department of the Army, Curtis diana, for 180 days. Supporting shipper: Box 4146, Amarillo, Tex. 79107. Appli­ L. Wagner, Jr., Special Assistant to Judge Ridge Homes, a division of Evans Prod­ cant’s representative: Clayton J. Logan Advocate General, Washington, D.C. ucts Co., 1100 Ridge Pike, Conshohocken, (same address as above). Authority 20310. Send protests to; C. L. Phillips, Pa. 19428. Send protests to: John J. Eng­ sought to operate as a contract carrier, District Supervisor, Bureau of Opera­ land, District Supervisor, Bureau of Op­ by motor vehicle, over irregular routes, tions, Interstate Commerce Commission, erations, Interstate Commerce Commis­ transporting: Fresh meats as included w0? 24®> 01<* Pos* Office Building, 215 sion, 2111 Federal Building, 1000 Liberty in sections A and C of appendix I to the Northwest Third, Oklahoma City, Okla. Avenue, Pittsburgh, Pa. 15222. report in Descriptions in Motor Carrier 73102. No. MC 118202 (sub-No. 10 TA), filed Certificates, 61 M.C.C. 209 and 766, from April 19, 1973. Applicant: SCHULTZ the plantsite of Swift & Co., Tolleson, No. MC 52657 (sub-No. 704 TA) (Co Ariz., to New York, N.Y. and Philadel­ rection), filed April 17, 1973, publish« TRANSIT, INC., P.O. Box 503, 323 Bridge Street, Winona, Minn. 55987. Ap­ phia, Pa., for 180 days. Supporting ship­ in the Federal R egister issue of Ma^ per: G. Dwight Weed, manager, Motor 1973, and republished as corrected th plicant’s representative: Val M. Higgins, 1000 First National Bank Building, Min­ Carrier Division, Swift Fresh Meats Co., d™6, ApPlicant: ARCO AUTO CAI a division of Swift & Co., 115 West Jack- RIERS, INC., 2140 West 79th Strec neapolis, Minn. 55402. Authority sought Chicago, HI. 60620. Applicant’s repr to operate as a (common carrier, by motor son Boulevard, Chicago, 111. 60604. Send vehicle, over irregular routes, transport­ protests to: Haskell E; Ballard, District tentative: S. J. Zangri (same address Supervisor, Bureau of Operations, Inter­ PPUcant). Authority sought to opera ing: Manufactured mulch, from Findlay and Barberton, Ohio and Chicago, HI., state Commerce Commission, Box H - «s a common carrier, by motor vehicl 4395, Herring Plaza, Amarillo, Tex. 79101. t w 7 lrre£ular routes, transports to points in the United States (except aiiers and trailer chassis (other th£ Alaska and Hawaii), for 180 days. Sup­ No. MC 134323 (sub-No. 46 TA ), filed m,tSe ^igned to be drawn by passeng porting shipper: Environmental Products May 2, 1973. Applicant: JAY LINES, automobiles), in initial movements, : Corp., 10501 Taconic Terrace, Cincinnati, INC., 720 North Grant Street, Mailing: iruckaway service, from Durant, Brys Ohio 45215. Send protests to: District P.O. Box 4146, Amarillo, Tex. 79107. Ap­ twT x; ° kla” Bartow, Fla.; El Pas Supervisor A. N. Spath, Bureau of Opera­ plicant’s representative: Clayton J. r. York, N.Y., commercial zon tions, Interstate Commerce Commission, Logan (same address as above). Author­ S K Island> N Y-' Points in Fulton, I 448 Federal Building, 110 South Fourth ity sought to operate as a contract car­ S S and Clayton Counties, Ga.; Detro: Street, Minneapolis, Minn. 55401. rier, by motor vehicle, over irregular "iich commercial zone, for 30 days. Su] No. MC 129963 (sub-No. 3 TA ), filed routes, transporting: Fresh carcass shipper: Attention: Frank April 30, 1973. Applicant: FANN MC lambs, from the plantsite of Swift & Co., GaiimCn Jr'* Vice President, Peabot KELVEY, doing business as MC KELVEY Chino, Calif., to Boston, Mass, and its H o™ Corp., 500 Sherman Street, Gs TRUCKING, 5420 West Missouri, Glen­ commercial zone and Miami, Fla. and its n. Ohio 44833. Send protests to: Robe dale, Ariz. 85301. Applicant’s representa­ commercial zone, for 180 days. Support­ derson, District Supervisor, Bures tive: A. Michael Bernstein, 1327 United ing shipper: G. Dwight Weed, manager,

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 12866 NOTICES

Motor Carrier Division, Swift Fresh or foreign commerce within the limits of of Wilson and Montgomery Counties, Meats Co., a division of Swift & Co., 115 the intrastate authority sought, pursuant Kans., to the intersection of U.S. High­ West Jackson Boulevard, Chicago, HI. to section 206(a) (6) of the Interstate way 160 and the western boundary of 60604. Send protests to: Haskell E. Bal­ Commerce Act, as amended, October 15, Montgomery County, Kans., thence along lard, District Supervisor, Interstate 1962. These applications are governed by U.S. Highway 160 to its intersection with Commerce Commission, Bureau of special rule 1.245 of the Commission’s U.S. Highway 169, thence along U.S, Operations, Box H-4395, Herring Plaza, rules of practice, published in the F ed­ Highway 169 to the Oklahoirta-Kansas Amarillo, Tex. 79101. eral R egister, issue of April 11, 1963, State line. Also, to provide service be­ page 3533, which provides, among other tween the above-described area and the No. MC 136247 (sub-No. 6 TA ), filed things, that protests and requests for in­ following area. Points in that part of May 1, 1973. Applicant: WRIGHT formation concerning the time and place Kansas bounded by a line beginning at TRUCKING, INC., 1303 10th Street SE., of State commission hearings or other the Kansas-Oklahoma State line and ex­ Jamestown, N. Dak. 58401. Applicant’s proceedings, any subsequent changes tending north along U.S. Highway 169 to representative: Thomas J. Van Osdel, therein, any other related matters shall junction U.S. Highway 160, thence west 502 First National Bank Building, Fargo, be directed to the State commission with along U.S. Highway 160 to the Montgom­ N. Dak. 58102. Authority sought to which the application is filed and shall ery County line, thence along the western operate as a common carrier, by motor not be addressed to or filed with the boundary of Montgomery and Wilson vehicle, over irregular routes, transport­ Interstate Commerce Commission. County lines to the Greenwood County ing: Malt beverages and articles dis­ Kansas Docket No. 84,770-M, Route line, thence along the southern and west-, tributed by wholesale beverage-distrib­ em boundaries of Greenwood County to utors, from St. Paul, Minn, and Mil­ No. 7989, filed March 30,1973. Applicant: WICHITA-SOUTHEAST KANSAS U.S. Highway 54, thence east along U.S. waukee, Wis., to Glendive, Glasgow and Highway 54 to the Kansas-Missouri Bainville, Mont., for 180 days. Support­ TRANSIT, INC., 624 East Mbrris, Wichita, Kans. 67211. Applicant’s repre­ State line. Restriction: To provide no ing shippers: Coca Cola Bottling Co., service to, from, or between the points of Inc., 220 South Douglas, Glendive, Mont. sentative: John E. Jandera, 641 Harrison Street, Topeka, Kans. 66603. Certificate Arkansas City, Kans., and Oxford, Kans. 59330, and Crighton Distributors, Inc., Intrastate, interstate, and foreign com­ 507 First Street West, Williston, N. Dak. of public convenience and necessity sought to operate a freight service as fol­ merce authority sought. 58801. Send protests to: J. H. Ambs, Dis­ HEARING*—June 28, 1973, at the trict Supervisor, Bureau of Operations, lows: Transportation of general com­ Interstate Commerce Commission, P.O. m odities, except those of unusual value, State office building, fourth floor, Box 2340, Fargo, N. Dak. 58102. classes A and B explosives, household Topeka, Kans., at 10 a.m. Requests for goods as defined by the Commission and procedural information including the By the Commission. commodities in bulk. Between all points time for filing protests concerning this [seal] R obert L. O swald, in that part of Kansas lying on and east application should be addressed to the Secretary. and on and south of a line beginning at State Corporation Commission, fourth [FR Doc.73-9732 Filed 5-15-73;8:45 am] the Oklahoma-Kansas State line and ex­ tending north via Interstate 35W to its floor, State Office Building, Topeka, intersection with Kansas Highway 254, Kans., 66612, and should not be directed MOTOR CARRIER INTRASTATE thence along Kansas Highway 254 to El to the Interstate Commerce Commission. APPLICATIONS Dorado, Kans., thence along U.S. High­ M a y 11,1973. way 54 to the western boundary of By the Commission. The following applications for motor Greenwood County, Kans. (near Reece, [ seal] R obert L. Oswald, common carrier authority to operate in Kans.), thence south along the western Secretary. intrastate commerce seek concurrent and southern boundary of Greenwood motor carrier authorization in interstate County, Kans., to the western boundaries [FR Doc.73-9733 Filed 5-15-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M A Y 16, 1973 FEDERAL REGISTER 12867

CUMULATIVE LISTS OF PARTS AFFECTED— MAY The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during May.

1 CFR Page 7 CFR—Continued Page 14 CFR—Continued Page Ch. I ______10705 P roposed R ules—Continued 75______12734 9 0 6 ______91______12232 — ______12203 3 CFR 915______12611 95______12327 Proclamations: 918— ______11470, 12232 97______12203, 12329 4214 ______11433 944______12612 121______12203 4215 ____ - ______11435 953______14111353______12203 4216 ______—------12313 98 9____ j______12814 154— _____ 12204 4217—______12601 1006______11354 183 ______12203 221______12802 Executive O rders : 1079______10736 11227 (revoked by E.O. 11718) 1096______— _ 12232 241______10924 11277 (revoked by E.O. 11718) 1139______11024, 12405 252______12207 1201— ______12749 287_____ 10926 11541 superseded in part by 298______— 11067 EO 11717______12315 1207______10738 1701______10951, 12233 11717 _ 12315 P roposed R ules: 1822______12815 11718 ___ 12797 ' 39______11111-11113 Presidential D ocuments O ther 8 CFR 71______10956-10958, Than Proclamations and Exec­ 245______.1______11340 11113,11354,12216,12818 utive Orders: 73______12216, 12818 Memorandum of April 26, 9 CFR 1973—^— ^ — ______12799 75—______12216 12______10797 101______— 11354 4 CFR 73______10803, 10917, 12801 207 ______10816 404—______—______— 12319 7 6 ______20812201 ______10816 82______12093, 12325 212______10816 5 CFR 92______i ______10723 234_____ 12413 213— 11059, 11337, 11437, 12404, 12801 11 2______12093 244____ 10817 511— ______11337 114______* ______12093 249 ___:______10817 534______11337 33 1 ______10724 250 ______12413 870______12404 3 8 1 — ______J ______10725 296 ______10817 900______11059 P roposed R ules: 297 ______10817 6 CFR 30 1 ______11090 31 6 ______11090,11092 15 CFR 130------11062, 3 1 7 ______11090, 11092 Ch. I ll______12736 11413, 12201, 12319, 12607, 12608, 31 9______11090,11693 302______11068 12746 Proposed R ules: 10 CFR 16 CFR 102______12413 25------— ______10803 13______10707, 3 6 ------12733 1107, 10805, 11072, 11075, 11076, 7 CFR 5 0 ------11445 11446-11448, 12330-12334, 12802 2______10795, 12809, 12810 140------11066 5_____ 17 CFR — ______10795 P roposed R ules: 52______12729 5 0 ------, ______10815 239 ______12100 201______12729 240 ______11448, 11449, 12103 225______11437 12 CFR 249______— 12100 271______11338 20 1 ------12733' 301______; 10795, 12320 P roposed R ules: 331___ 22 0 ______11066, 12097 1______11089 _____ :______— 12320 22 6 ______12202 381 7 ~ r l ______12321 240— _____ 11472 265------10917 401______12810, 12811 523------1 2 202,128 01 411______12811 18 CFR 545------10918 510______12091 2 11449 5 8 2 a ______10919 ______729 ______10705 35______12114 722------11347, 12098 730 ______10706, 11338 101______12115 8 1i__ ' ______10915 Proposed R ules: 141______12Í16 905___ " ______12201 226— ------12240 154_____ :______12116 908___ .11062,12092,12321 • 50 6 ______10969 201 12117 910______11063,12321 50 6 a ____ 10969 12117 911__ 260______12322-12324 70 2 — : ------10743 916_ P roposed R ules : ------12811 917__ ------11064 13 CFR 2______12416 930__” ------11065, 12092 40 2 ------10920 154. _____ 12416 944______12603 157. 12416, 12819 1030— P roposed R ules: ------Í____ 11339 1121, ...... 123------12421 ------11340 19 CFR 1421___ III——” ------11441 14 CFR 1______10806 Proposed R ules: 4______10807, 11077 3 9 ______10920, 11340, 12325, 12326, 12734 26— 10______12736 _____ 12814 7 1 ______10707, 52______I 12—______10807 11348, 11353 10921-10923, 11067, 12203, 12327, Ch. VI— ___ _ 11094 P roposed R u l e s : Ch. IX___ ” 12604, 12734, 12802 10730, 11465 73______10923, 12735 1______10814

FEDERAL REGISTER, V O L 38, NO. 94— WEDNESDAY, M AY 16, 1973 12868 FEDERAL REGISTER

20 CFR Page 28 CFR Page 40 CFR Page 42 2 ______11450 0______12110 40______------12784 72 6 ______12494 52______126 96, 12702,12711 29 CFR 227- ______------12872 21 CFR 55___ .______12803 180____ 10720, 10939, 12214, 12215, 12216 2 ______11452 70______10714 Proposed R ules: 3 ______11077 204______10714 Ch. IV______10715 50____ — ____ —------11355 8______12803 52______. 11113,12238,12819 10______12396 541______11389 1602______— _____ ;______12604 60______------10820 90______12716 1 1 3 ______1902_2______12605 ------12239 121______— 10713, 124______— 10960,12416 1910______10715, 10929, 10930 12397, 12398, 12737, 12738, 12802 125______1952______10717 ______10960,12416 130______11077, 12211 1 3 3 ______------_ 10968 135______12399 P roposed R ules: 180______12818 135a______10714,10808 1910______12405 203 __ _ _ —______10821 135b______10808,10926,12399 Ch. V______— ------10856 135c______12211, 12399 30 CFR 135e______10714, 11078 41 CFR 135g______— 10808, 10926 Ch. I______10927 7-1______ch. y ______— ______12804 146e______12399 10927 7-2______12806 191______:_____ 11078 P roposed R u les: 7-3______i f ___ __ 12806 273______:______11080 211______11348 7 - 4 ______- ___ 12806 278______11452 216______11348 7-7______12807 295____ 12738 7 - 8 ______12807 P roposed R ules: 31 CFR 7-10______12807 8 ______—______11095 332______10808 7-12______12807 9 ______11095 7-16 .... 12807 27______12234 32 CFR 15-3-.______. . — ... 12214 10812 45______10952 202______...... 11454 101-6______10812 90______12720 809______101-7______. ______10934 101-8______10813 121______11096 881______146e______12129 ______10720 114-60______12401,12402 Ch. XVI______12134, 12135 191______10956, 12300, 12880 P roposed R ules: 191c______12300 1604__ .______— _____ 12742 3-3______— 11471 191d______12880 P roposed R ules: 278______12129 308______12119-12121, 1611______12620 42 CFR 12123, 12124, 12126, 12127, 12230 1612______12759 74______10721 1623______12620 84______tjï___ 11458 23 CFR 32A CFR P roposed R ules: 1______11086 ______12614 204______10810 Ch. X : 57______305______^______11341 OI Reg. 1___ 10725, 10811, 12746 43 CFR 720______11341 Ch. X I: 790_____ — ______12103 OIAB ______...... 12118 Subtitle A______10939 ___ 10940 1204______1810,12399 Ch. X II: C h .n ______— 12110 OPC Reg. 1_ 1821______24 CFR ______10811, 12401 1914 ______10928, 33 CFR Public Land O rders: 5344______— _ 11347 11081-11084, 12107, 12317-12319, 1______------12396 12603,12739,12740 110______12804 1915 ______11084, 12109 44 CFR 117______10720, 12396 401— —______11086,12743 P roposed R ules : 201______------12804 1700______11096 45 CFR P roposed R ules: 1710______11096 208 _ 12112 1720______11096 209______12217 220 _ 10782 1730______11096 221 10782 35 CFR _ 10782 25 CFR 222 111______...... 11346 226 10782 11______10927 233 10940 4 1 ______11085 36 CFR 249 _ 12112 52 11085 4______12211 252 _ 12112 10809 P roposed R ules: 7______12212 1068 141______11348 P roposed R ules: P roposed R ules: 221______,______10814 221______12749 mn 12407 Igg ______10738 26 CFR 186------12130 38 CFR 1______11344, 12740 1______12213 13______- ______10927 3 ______12213 46 CFR 3 1 ______11345, 12740 12403 5 3 ______11454, 12604 17______11085 10______11463,12403 30 1______11345 2 1 ______12110,12213 ------12403 Î219------12403 P roposed R ules: P roposed R u l e s : 1______10944,11087, 12405 21...... I_____;______12135 16______

FEDERAL REGISTER, VOL. 38, N O . 94— WEDNESDAY, M A Y 16, 1973 FEDERAL REGISTER 12869

46 CFR—Continued Pa§e 47 CFR—Continued Pase 49 CFR— Continued Page 42 ______12289 P roposed R ules: P roposed R u les: 44 ______„______12290 172 ______:______10960 45 12290 2______12750 21______12750 173 ______10960 561______10722 174 ______10960 151______— 10722 73______10743,10968, 12757 89______12619 178 ______10960 Proposed R u l e s : 179 ______:______10960 35______12749 49 CFR r 217______12617 56______12749 171______12807 Ch. X ______12759, 12822 74______12749 172 ______— ______12807 1056______12758, 12820 78_____ :______12749 93______- ______12749 173 ______12807 1100______12822 97______12749 174 ______12807 50 CFR 191______12749 175 ______12807 _____ 10943 196______12749 177______: ______12807 17— ______310______— _— 11471 ___ _ 10723 393______12133 28______536______12134 10810, 11464 571______10940,12808 32 ______10943, 11464 47 CFR 575______11347 33 ______0______10810,12743 260— ______12334 2.______11086-, 12743 1033___ 10941, 10942, 12606, 12808, 12809 5______— 12744 1123______12744 P roposed R ues: 15______12744 1207______12335 28______12232

FEDERAL REGISTER PAGES AND DATES— MAY Pages Date Pages Date 10699-10788______May 1 12085-12194— ______May 9 10789-10908______2 12195-12306______10 10909-11052__ .______3 12307-12594______11 11053-11329______4 Ì2595-12721______14 11331-11426______7 12723-12789____ 15 11427-12084______8 12791-12884______16

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973

WEDNESDAY, MAY 16, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 94

PART II

ENVIRONMENTAL PROTECTION AGENCY

Ocean Dumping

CRITERIA 12872 RULES AND REGULATIONS

Title 40— Protection of Environment public comment and revision, as out­ the dumping of these materials are given CHAPTER I— ENVIRONMENTAL , lined above. in § 227.3. The concentrations and quan­ PROTECTION AGENCY Dated May 9,1973. tities of materials identified in this sec­ SUBCHAPTER H— OCEAN DUMPING tion are based on the most current scien­ R obert W . F ri, tific knowledge and will be subject to re­ PART 227— CRITERIA Acting Administrator. vision as more knowledge of marine proc­ Pursuant to title I of the Marine Pro­ Chapter I of title 40 is amended by esses and ecosystems becomes available. tection, Research, and Sanctuaries Act adding as part of “Subchapter H, Ocean It is the goal of the ocean dumping per­ of 1972, Public Law 92-532 (hereinafter, Dumping,” part 227, as follows: mit program of the Environmental Pro­ the Act), the Environmental Protecion Sec. tection Agency to require development of Agency (EPA) published on April 5, 227.1 General grounds for the issuance of implementation plans for elimination of 1973, interim regulations, effective im­ permits. dumping of any materials in excess of mediately, describing procedures for ap­ 227.2 Prohibited acts. these concentrations and quantities as plication for, and issuance and denial 227.21 Materials for which no permit will rapidly as possible. of, permits for ocean dumping under the be issued. (e) The dumping of some types of Act. In the publication of the interim 227.22 Other prohibited materials. waste materials is subject to general reg­ regulations, it was announced that cri­ 227.30 Strictly regulated dumping. ulation and permission because of the 227.31 Materials requiring special care. teria to be used in the evaluation of per­ 227.32 Hazards to fishing or navigation. . ’minimal adverse environmental effects to mit applications would be published 227.33 Large quantities of materials. be anticipated by reason of such disposal. separately in part 227 of subchapter H. 227.34 Acids and alkalis. These generally permitted waste mate­ Published herewith are the aforemen­ 227.35 Containerized wastes. rials are described in § 227.5. tioned criteria for the evaluation of per­ 227.38 Materials containing living orga­ (f) Irrespective of other stated specific mit applications for ocean dumping nisms. requirements, no permit will be issued under Public Law 92-532. These criteria 227.40 Emergency permits and interim spe­ which would result in the violation of also satisfy the requirement of section cial permits. 227.41 Emergency permits. applicable existing State water quality 403(c) of the Federal Water Pollution 227.42 Interim special permits. standards. Control Act Amendments of 1972, Public 227.43 Implementation plans. (g) Materials may be'dumped at desig­ Law 92-500, which require, under the 227.50 Generally regulated dumping and nated disposal sites, to the extent that heading of “Ocean Discharge Criteria,” disposal acts. such materials conform to the criteria that EPA promulgate guidelines for de­ 227.51 Wastes of a nontoxic nature. described in this part. Additional dump­ termining the degradation of the waters 227.52 Solid wastes of natural origin. ing sites may be approved upon receipt of the territorial sea, the contiguous zone, 227.60 Disposal of dredged material. of information indicating that materials 227.61 Unpolluted dredged material. and the oceans, in compliance with 227.62 Disposal of unpolluted dredged ma­ may be disposed of at these sites without which permits under section 402 of terial. violating the Act or the provisions of this Public Law 92-500 must be issued after 227.63 Polluted dredged material. subchapter. Wherever feasible, the Ad­ promulgation. 227.64 Disposal of polluted dredged material. ministrator shall designate locations be­ These are issued as interim criteria, 227.65 Revision of test procedures. yond the edge of the Continental Shelf as part of the interim regulations pub­ 227.70 Definitions. recommended disposal sites. lished on April 5,1973, and are subject to 227.71 Limiting permissible concentrations. 227.72 Mixing zone. § 227.2 Prohibited acts. public comment before promulgation as 227.73 Release zone. part of the final regulations. Comments 227.74 Trace concentrations. § 227.21 Materials for which no permit on the interim criteria should be sub­ 227.75 High-level radioactive wastes. will be issued. mitted in writing to the Office of Air 227.80 Amendment of criteria. The dumping, or transportation for and Water Programs, Environmental Atjthobitt.—Public Law 92-532; Public dumping, of the following materials will Protection Agency, attention: Mr. T. A. Law 92-500. » not be approved by EPA under any cir­ Wastler, room 1102, Crystal Mall Build­ cumstances: ing 2, 1921 Jefferson Davis Highway, Ar­ § 227.1 General grounds for the issu­ (a) High-level radioactive wastes as lington, Va. 22202, on or before June 23, ance of permits. defined in § 227.75. 1973. (a) It is the policy of the Environ­ (b) Materials in whatever form (e.g., These interim criteria are also subject mental Protection Agency to regulate the solids, liquids, semiliquids, gases, or in a to revision as required by the promulga­ dumping of all types of materials into living state) produced for radiological, tion of applicable criteria and standards ocean waters and to prevent or to regu­ chemical, or biological warfare. by international bodies operating under late strictly the dumping into ocean (c) Materials insufficiently described the authority of international treaties waters of any material which would ad­ in terms of their physical, chemical, or and conventions to which the United versely affect human health, welfare, or biological properties to permit evalua­ States may become a party. amenities, or the marine environment, tion of their impact on marine Comments from interested members of ecological systems, or economic poten­ ecosystems. the public on the interim criteria will be tialities, or plankton, fish, shellfish, wild­ (d) Persistent inert synthetic or nat­ available for public inspection at the life, shorelines, or beaches. ural materials which may float or remain aforementioned address during normal (b) These criteria apply to the evalu­ in suspension in the ocean may not be working hours. ation of permit applications for the dumped. They may, however, be dumped These interim regulations shall become dumping of gaseous, solid, and/or liquid when they have been processed in such effective immediately. Public Law 92- matter of any kind or description. a fashion that they will sink to the bot­ 532 became effective on April 23, 1973, . (c) The dumping of some types of tom and remain in place. and accordingly permit applications must waste materials into the marine environ­ be processed immediately. These regula­ ment is prohibited because explicit legis­ § 227.22 Other prohibited materials. tions must go into effect immediately in lative requirements. Such prohibited Subject to the exclusion of paragraph order to be utilized for decisions on pend­ waste materials are identified in § 227.2. (e) of this section, the dumping, or ing permit applications. For this reason, (d) The dumping of some types oftransportation for dumping, of wastes it is necessary that these regulations take waste materials into the marine environ­ containing more than trace concentra­ effect immediately, and notice and pub­ ment is strictly regulated because of tions of the following materials will not lic procedure prior to their effective date known adverse dietrimental effects on be approved by EPA: would be impracticable, unnecessary, and the aquatic ecosystem or human health (a) Organohalogen compounds and contrary to the public interest. These and welfare. These materials and limit­ compounds which may form such sub­ regulations will, however, be subject to ing concentrations and conditions upon stances in the marine environment.

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 RULES AND REGULATIONS 12873

(b) Mercury and mercury compounds. (4) Petrochemicals, organic chemicals, vironmentally innocuous materials con­ (c) Cadmium and cadmium com­ and organic processing wastes, including, sidering the life expectancy of the con­ but not limited to: tainers and/or their inert matrix; and pounds. . , .. , (2) Materials to be disposed of are (d) Crude oil, fuel oil, heavy diesel Aliphatic solvents. present in such quantities and are of oil, and lubricating oils, hydraulic fluids, Phenols. such nature that only insignificant, and any mixtures containing these, Plastic intermediates and byproducts. Plastics. short-term localized adverse effects will taken on board for the purpose of dump­ occur should the containers rupture at ing, insofar as these are not regulated Amines. Polycyclic aromatics. any time; and under Public Law 92-500. Phthalate esters. (3) Containers are disposed of at (e) Paragraphs (a) through (d) of Detergents. depths and locations where they will this section do not apply to materials cause no threat to navigation or fishing. which are rapidly rendered harmless by (5) Biocides not prohibited elsewhere, physical, chemical, or biological proc­ including, but not limited to: § 227.36 Materials containing living or­ esses in the sea; provided they will not, Organophosphorus compounds. ganisms. if dumped, make edible marine orga­ Carbamate compounds. It is prohibited to dump sewage nisms unpalatable; or will not, if dumped, Herbicides. Insecticides. sludge, dredged material, or any other endanger human health or that of do­ material which would: mestic animals, fish, shellfish and (6) Oxygen-consuming and/or bio­ (a) Extend the range of biological wildlife. degradable organic matter. pests, viruses, pathogenic micro-orga­ (7) Radioactive wastes not otherwise § 227.30 Strictly regulated dumping. nisms or other agents capable of infest­ prohibited. ing, infecting, or altering the normal The dumping, or transportation for As a general policy, the containment populations of organisms, dumping, of certain materials may be of radioactive materials (see § 227.35) is (b) Degrade uninfected areas, or approved for ocean disposal only under indicated rather than their direct disper­ (c) Introduce viable species not indig­ special permit when it can be demon­ sion and dilution in ocean waters. enous to an area. strated that the quantities of wastes and (8) Materials on any list of toxic pol­ the methods of disposal will not result lutants published under section 307 (a) of § 227.40 Emergency permits and in­ in irreparable or irrevocable harmful Public Law 92-500, and materials desig- terim special permits. effects on the marine environment. Until i^ited as hazardous substances under § 227.41 Emergency permits. such time as specific quantitative criteria section 311(b)(2)(A) of Public Law After consultation with other appro­ are available for guidance, EPA approval 92-500. will be based on a case-by-case evalua­ priate persons, the Administrator may tion of each application. Evidence of the § 227.32 Hazards to fishing or naviga­ issue a special permit to dump materials acceptability of proposed acts of dump­ tion. described in § 227.22,* where there is ing will be required from the applicant Wastes which may present a serious demonstrated to exist an emergency re­ according to the criteria in §§ 227.31 obstacle to fishing or navigation may be quiring the dumping of such material, through 227.36. . disposed of only at dumping sites and which poses an unacceptble risk relat­ ing to human health and admits o f ‘no § 227.31 Materials requiring' special under conditions which will insure no interference ''with fishing or navigation. other feasible solution. Emergency refers care. to situations requiring action with a (a) Permits may be issued for the § 227.33 Large quantities o f materials. marked degree of urgency, but is not dumping of the materials described in Substances of a nontoxic nature which limited in its application to circumstances paragraph (b) of this section if the ap­ may damage the ocean environment due requiring immediate action. No emer­ plicant can demonstrate: to the quantities in which they are gency permit for the dumping of mate­ (1) Through the use of acceptable bio­ dumped, or which are liable to seriously rials described in § 227.22 shall be is­ assay or other scientific data that dump­ reduce amenities, may be dumped only sued without prior consultation with ing of the material in the proposed quan­ when the quantities to be dumped at a Department of State. tities and qualities will have minimal ad­ single time and place are controlled to § 227.42 Interim special permits. verse effects on the ocean environment; prevent damage to the environment or and to amenities. It is the intent of this program to pre­ (2) That the material proposed for vent or strictly regulate the disposal to dumping contains less than the limiting § 227.34 Acids and alkalis. the marine environment of any materials permissible concentration of total pol­ In the dumping of large quantities of damaging to that environment. The basis lutants as defined in § 227.71. acids and alkalis, consideration shall be for determining limiting permissible con­ (b) Wastes containing one or more of given: (a) To the effects of any change, centrations and quantities of known toxic the following materials shall be treated in acidity or alkalinity of the water at or otherwise damaging materials, based as requiring special care: the disposal site; and (b) to the poten­ on existing knowledge, is given in tial for synergistic effects or for the § § 227.22 and 227.3. When an applicant (1) The elements, ions, and compounds of: formation of toxic compounds in the wishes to dump any of the materials dumping area. Dumping conditions must listed in § 227.22 or § 227.33 in concentra­ Arsenic. be such as to produce no permanent tions in excess of the trace or limiting Lead. damage in the ocean environment. permissible concentrations, in addition Copper. Zinc. to evaluation of potential environmental § 227.35 Containerized wastes. impact a thorough review of the actual Selenium. (a) Wastes containerized solely for Vanadium. need for the dumping and possible al­ Beryllium. transport to the dumping site and ex-, ternatives will be made in evaluating the Chromium. pected to rupture or leak on impact or permit application, and the decision on Nickel. shortly thereafter must meet the require­ whether or not to grant an interim special ments of §§ 227.22, 227,31, 227,32, and permit will be based, in part, on consid­ (2) Organosilicon compounds and com­ 227.36. pounds which may form such substances eration of the following factors relative (b) Other containerized wastes will be to the need for and alternatives to in the marine environment. approved for dumping only under the (3) Inorganic processing wastes, in­ following conditions: dumping: cluding cyanides, fluorides, titanium di­ (1) The materials to be disposed of de­ (a) Degree of treatment feasible for oxide wastes, and chlorine. cay, or decompose or radiodecay to en­ the waste to be dumped, and whether or

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 12874 RULES AND REGULATIONS

not the waste material has been or will that they would be deposited or rapidly to the applicable State water quality be treated to this degree before dumping. dispersed without damage to benthic, de­ standards, for the propagation of fish (b) Manufacturing or other processes mersal, or pelagic biota. shellfish, and wildlife, and if the biota as­ resulting in the waste, and whether or not § 227.60 Disposal of dredged material. sociated with the material to be dredged these processes are essential, or if other are typical of a healthy ecosystem, tak­ less polluting processes could be used. The dumping of any material dredged ing into account the normal frequency (c) The relative environmental impact or excavated from the navigable Waters of dredging, the sediments can be rea­ and cost for ocean dumping as opposed to of the United States is regulated by the sonably classified as unpolluted. land disposal, deep-well injection, or U.S. Army Corps of Engineers. With re­ (c) If it produces a standard elutriate other possible alternatives, after the best spect to the dumping of such material in in which the concentration of no major practical waste treatment has been the ocean, the following definitions and carried out. criteria will be considered: constituent is more than 1.5 times the (d) Temporary and/or permanent ef­ concentration of the same constituent (a) Dredged materials are bottom sedi­ in the water from the proposed disposal fect of the dumping on alternative uses ments that have been dredged or exca­ site used for the testing. The “standard of the oceans, such as navigation, living vated from the navigable waters of the resources exploitation, nonliving re­ United States. In that sediments are elutriate” is the supernatant resulting source exploitation, scientific study, and from the vigorous 30-minute shaking of known to include and/or to exhibit a one part bottom sediment with four parts other legitimate uses of the oceans, as capacity for absorption and adsorption opposed to the impact on other parts of of a wide variety of chemical substances, water from the proposed disposal site the environment of alternate means of including manmade pollutants, the pres­ followed by 1 hourof letting the mixture disposal. ence or absence of pollutants within sedi­ settle and appropriate filtration or cen­ ments may be used as an index of the trifugation. “Major constituents” are §227.43 Implementation plans. history of exposure of the sediments to those water quality parameters deemed In no event will an interim special per­ critical for the proposed dredging and domestic and industrial discharges, as disposal sites taking into account known mit be granted for the dumping of mate­ well as urban and agricultural runoff. rials which violate the provisions of (b) Because the natural processes of point or areal source discharges in the § 227.22 or § 227.3 unless the permit ap­ sediment absorption, adsorption, deposi­ area, and the possible presence in their plicant can: (a) Demonstrate the need wastes of the materials in §§ 227.22 and tion, resuspension, and redeposition may 227.31. for the proposed dumping as compared alter the toxic or other pollutional prop­ to alternative locations and methods of erties of municipal, industrial, or runbff § 227.62 Disposal o f unpolluted dredged disposal or recycling, (b) demonstrate wastes incorporated into bottom sedi­ material. that the need for the proposed dumping ments, precise application of the criteria Material which is determined to be outweighs the potential harm which may of §§ 227.22 and 227.31 is not appropri­ unpolluted may be dumped at any site take place as a Result of such dumping, ate. Consequently, the criteria of the fol­ which has been approved for the dump­ and (c) provide a satisfactory imple­ lowing sections will be used in differ­ ing of settleable solid wastes of natural mentation plan covering future dumping entiating between unpolluted and pol­ origin. activities and fully adhere to the plan. luted dredged material. For industrial sources, any such plan (c) The dumping of dredged material § 227.63 Polluted dredged material. shall provide for: in the ocean will be permitted subject to Any dredged material which cannot (a) By not later than July 1, 1977, the the conditions outlined in §§ 227.61 be classified as unpolluted according to application of the best practicable tech­ through 227.64 unless there is evidence the requirements of § 227.61 is regarded nology currently available for the re­ that the proposed disposal will have an as polluted dredged material. moval of such materials, as determined unacceptable adverse impact on munici­ by the Administrator; pal water supplies, shellfish beds, wildlife, § 227.64 Disposal of polluted dredged (b) By not later than July 1, 1983, the fisheries (including spawning and breed­ material. application of the best availble technol­ ing areas), or recreational areas. Polluted dredged material may be dis­ ogy economically available for the re­ (d) Decisions concerning the disposal posed of in the ocean if it can be shown moval of such material, as determined by of dredged material in the ocean will be that the place, time, and conditions of the Administrator, which will result in based on considèrations of the actual dumping are such as to produce a mini­ reasonable further progress toward the' need for such disposal, alternatives to mum impact on the marine environment. goal of achieving compliance with the ocean dumping, the nature and extent When material has been found to be requirements of this part. of the environmental impact, and the polluted in accordance with § 227.61(c), § 227.50 Generally. regulated dumping economic costs or benefits involved. bioassay tests may be performed when and disposal acts. it can be shown that the results of such § 227.61 Unpolluted dredged material. tests can be used to assist in setting dis­ § 227.51 Wastes of a nontoxic nature. Dredged material may be classified as posal conditions. There is at present Liquid waste phases containing none unpolluted based on the known primary no adequate means to identify the po­ of the materials listed in §§ 227.22 and source(s) of the sediments, the history tential long-range harmful effects of the 227.31 may be regarded as basically non­ of its exposure to pollutants, and its leaching out of toxic and/or bioaccumu- toxic in the marine environment. Solid physical composition. If the sediments lative pollutants into the marine en­ waste phases containing any or all of the cannot be classified as unpolluted ac­ vironment after the dumping of pol­ materials listed in §§ 227.22 and 227.31 in cording to the following criteria, labora­ luted dredged material. To minimize the forms insoluble or soluble but not exceed­ tory analyses will be required. Dredged possibility of any such harmful effects, ing the trace or limiting permissible con­ material will be considered unpolluted if disposal conditions must be carefully centrations (see § 227.71) may also be it meets one of the following conditions : set, with particular attention being given regarded as nontoxic in the marine (a) The dredged material is composed to the following factors: environment. essentially of sand and/or gravel, or of (a) Disposal site selection.— (1) Dis­ any other naturally occurring sedimen­ posal sites should be areas where benthic § 227.52 Solid wastes of natural origin. tary materials with particle sizes larger life which might be damaged by the Solid wastes of natural minerals or than silts and clays, generally found in dumping is minimal. materials compatible with the ocean en­ inlet channels, ocean bars, ocean en­ (2) The disposal site must be located vironment may be generally approved trance channels to sounds and estuaries, such that disposal operations will cause for ocean disposal provided they are in­ and other areas of normally high wave no adverse effects to known nursery or soluble below the applicable trace or energy such as predominates at open productive fishing areas. Where prevail­ limiting permissible concentrations and coastlines. ing currents exist, the currents should are rapidly and completely settleable, or (b) If the water quality at and near be such that any suspended or dissolved they are of a particle size and density the dredging site is adequate, according matter would not be carried into known

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 RULES AND REGULATIONS 12875 nursery or productive fishing areas or within the same time period. The 0.01 of natural seawater at the dumping site populated or protected shoreline areas. factor is based on the best available cur­ or in an adjacent area not subject to (3) Disposal sites should be selected rent experience and is subject to revision dumping. whose physical environmental character­ or modification based on the general in­ § 227.75 High-level radioactive wastes. istics are most amenable to the type of crease in knowledge or specific informa­ dispersion desired. Environmental char­ tion on the effects of a specific waste. High-level radioactive waste means the aqueous waste resulting from the opera­ acteristics which may promote minimum § 227.72 Mixing zone. dispersion can include weak bottom cur­ tion of the first cycle solvent extraction system, or equivalent, and the concen­ rents, minimal bottom slopes, and the A mixing zone is the column of water existence of naturally occurring fine­ immediately contiguous to the release trated waste from subsequent extraction grained bottom sediments. Natural de­ zone, beginning at the surface oLJ;he cycles, or equivalent, in a facility for re­ pressions or borrow pits may provide de­ water and ending at the ocean floor, the processing irradiated reactor fuels or sirable site characteristics in some areas. thermocline or halocline, if one exists, or irradiated fuel from nuclear power Environmental characteristics which 20 meters, whichever is the shortest reactors. may promote maximum dispersion can distance. § 22 7.80 Amendment of criteria. include strong bottom currents, deep bot­ § 227.73 Release zone. In the event that the Administrator or tom slopes, and the existence of natu­ his delegate concludes that it is desirable rally occurring coarse-grained bottom A release zone is the area swept out to amend this part, he shall announce sediments. by the locus of points constantly 100 his intention of doing so by publishing (b) Dumping conditions.— (1) Times meters from the perimeter of the con­ notice thereof in the F ederal R e g is t e r , of dumping should be chosen, where pos­ veyance engaged in dumping activities, and shall thereafter follow the proce­ sible, to avoid interference with the sea­ beginning at the first moment in which dures prescribed in section 4 of the Ad­ sonal reproductive and migratory cycles dumping is scheduled to occur and end­ ministrative Procedures Act (5 U.S.C. of aquatic life in the disposal area. ing at the last moment in which dumping 553) . Any person proposing amendments (2) If the type of material involved is scheduled to occur. to this part shall notify the Adminis­ and the environmental characteristics of § 227.74 Trace concentrations. trator of the amendments so proposed, the disposal site should make either max­ and the justifications supporting the imum or minimum dispersion desirable, Trace concentrations, for the purposes amendments so proposed. Should the Ad­ the discharge from and movement of the of these regulations, are those concen­ ministrator reject the amendments so vessel during dumping should be in such trations in a waste of materials identi­ proposed, he shall notify the proponent a manner as to obtain the desired re­ fied in § 227.22 which do not exceed by of such action within 30 days of the date sult to the fullest extent feasible. one order of magnitude the concentra­ upon which such amendhients were given § 227.65 Revision o f test procedures. tion of the same constituent in a sample to him.

Test procedures and values mentioned' A p p r o v e d I n t e r i m D u m p in g Sit e s above are based on the best currently available knowledge and are subject to e p a REGION I revision and modification based on the Size Depth general increase of knowledge or specific Location (square (feet) Primary use information on the effects of the disposal miles) of dredged materials in the ocean. § 227.70 Definitions. Latitude and longitude § 227.71 Limiting permissible concen­ 44°14', 68°53'. 2.0 120 Dredged materials. 43°38', 70°10'. 2.0 100 Do. trations. 42°32', 70°40' 2.0 180 Do; 42°22', 70°40'. 2.0 174 Do. The limiting permissible concentration 41°24', 71°18'. 2.0 108 Do. is that concentration of a waste material 41°11', 71°32'. 2.0 126 Do; 41°09', 72°53'. 2.0 60 Do; or chemical constituent identified in 2.0 312 Toxic waste; § 227.31 in the material to be dumped 42°36\ 70°26'. which, on the basis of scientific data, is believed to produce no long-term adverse EPA REGION n environmental consequences, through -Size Depth bioaccumulation or otherwise, or in the Location (square (feet) Primary use receiving water which, after reasonable miles) . allowance for initial mixing in the mix­ ing zone, will not exceed 0.01 of a con­ Latitude and longitude centration shown to be toxic to appro­ 40°24', 73°51'...... 2.0 88 Mud. 40°23', 73°49'...... -...... -...... 2.0 103 Cellar dirt. priate sensitive marine organisms in a 40°26', 73°45'...... 2.0 90 Sludge. 96-hour bioassay, or 0.01 of a level other­ 40°20', 73°40'...... *...... - 2.0 80 Waste acid. 40°13', 73°46'...... 2.0 200 Wreck dumping. wise shown to be detrimental to the ma­ Manasquan River, 20° true, 600 yd from north jetty, 2.0 20 Sand (hopper dredge); rine environment. The 96-hour bioassay light near 40p6', 74°2\ and consequent 0.01 application factor Absecon Inlet, 140° true, 0.8 to 1.1 miles from south . . 2.0 20 Do. jetty light near 30°21', 74°23'. are to be the result of the testing of a Cold Spring Inlet, 240° true, 1.2 to 1.6 miles from 2.0 20 Do; specific concentration of the waste ma­ west jetty light, 38°55', 74°54'. * 106 nmi, 146° true, from Ambrose Light, 38°45', 624 6,000 Toxic chemical waste; terial in seawater from the dump site, or 73°16'. * . similar to water from the dump site, 19° 10' to 19°20'------—— - -— ------6,000 Chemical waste; 66°36' to 66°50'...... —-...... that causes a 50-percent mortality of ap­ Approximately 123 nmi southeast of Ambrose 6,000 Do; propriate sensitive marine organisms in Light, south of 39°0', north of 38°30', west of 72°0', east of 72°30'. the 96-hour test period, or that produces 18°11', 67°12'...... 2.0 .. Dredged materials; 18°30', 66°30'...... ------— ...... Do. another identifiable reliable physiologi­ 17°60', 66°32'...... 6,000 Conventional munitions; cal indicator of toxicity in such animals

FEDERAL REGISTER, VOL. 38, N O . 94— WEDNESDAY, M AY 16, 1973 A p p r o v e d I n t e r i m D u m p i n g 12876 S i t e s — Continued A p p r o v e d I n t e r i m D u m p i n g S i t e s — Continued

EPA REGION III EPA REGION VI

Size Depth Location Size Depth Primary use Location (square (feet) Primary use (square miles) (feet) miles)

Latitude and Longitude Latitude and longitude 38°46', 74°47'...... Calcasieu Pass, Area Ar, 29®45', 93®21'______...... 1.0...... 6+ Dredged materials; 2.0 40 Sewage sludge. Calcasieu Pass, Area B, 29°46', 93®20'______1.0...... 38°30' to 38°35'...... 1 6+ Do. 2.0 120 Neutralized acid wastes. Calcasieu Pass, Area C, 29°42', 93°21'._...... 5.0...... 18+ Do. 74°15' to 74®25'...... ; _ { Calcasieu Pass, Area D, 29®35, 93®17'._...... 5.0...... 38°20' to 38°25'...... 1 18+ Do. 2.0 150 Southwest Pass, 28°52', 89°31'.._...... 2.0...... 45+ Do. 74®10' to 74°20'...... " f Industrial salt waste. Waste disposal area, 27°44', 94°44', 27°28', 94°28' 38®0' to 38°20'...... 1 ___ 16 miles by 16 2,400 Chemical wastes; 73°0' to 74°20'...... J 2.0 6,000 Arsenic solutions. miles. Waste disposal area, 28?0', 28°20', 89°16', 89°35' ___ 20 miles by 20 2,400+ Do. 2Y\ miles east of Dam Neck, Va., near 36°4B', 75°55'.. 3.0 38 Sand. miles. 16 miles northeast of Cape Henry, Va. near 37°05'. 4.0 63 Silt and sand. __ 75°42'. Off Sabine Pass, Tex., Area A, 29°37', 93®50' ___ Approximately 5.. 24 Dredged materials: Off Sabine Pass, Tex., Area B, 29®37', 93°48'_____ Approximately 3.. . 30 Do. 37°50', 74®15'...... (>) 6,600 Conventional munitions. 33°15' to 33°30'...... Off Sabine Pass, Tex., Area C,- 29®40', 93°51'_____ Approximately 4.. 6 Do. 2.0 Unknown Dredged material. Off Galveston, Tex., Area A, 29°19', 94®40'___ ...... Approximately 36 Do. 2.5. Off Galveston, Tex., Area B, 29°20', 94°39'...... :___Approximately 30 Do. 13-mile radius. 2.5. Off Galveston, Tex., Area C, 29°17', 94°40'...... EPA REGION IV ___ Approximately 7.. 36 Do: Oft Galveston, Tex., Area D, 29°22', 94°43'______Approximately 8.. 12 Do;

Size Depth EPA REGION IX Location (Square (Feet) ■ Primary use

miles) REGULATIONS AND RULES Location Size (square miles) Depth Primary use Latitude and longitude (feet) Wilmington Harbor, 33°48', 78°02'...... 3.5 45 Sand and silt (hopper dredge). Morehead City,,34°39', 76°42'_...... 11.6 50 Do. Latitude and Longitude Georgetown Harbor, 33°11', 79°08'...... _II„ 1.0 28 Mostly sand and shell. 21°14', 157°54'...... 1.0...... I.... Port Royal Harbor, 32°09', 80°36':______1.4 20 Do. 1,620 Dredged materials; Port Royal Harbor 32°05', 80°36'...... 21°55', 159° 17'...... 1.0...... 2,760 Do. 1.0 21 Do. 21°50', 159°36'__...... 1.0...... 5,100 Do. Brunswick Bay, 31°02', 81°17'...... 2.0 29-36 Sand with some shell and silt. Savannah Bar, 31°57', 80°46'...... Ill 33°41', 118°10'...... 4...... 90 Do. 2.0 20-36 Do. 34°07', 119°10'___ I....* ...... 2.0____ ;...... 60 Do. Canaveral Harbor, 28®23', 80°34'...... II 1.6 31 Sand and silt. Feraandina Harbor, 30°42', 81°22'...... 37°35', 122°50'...... 2.0...... 254 Cannery wastes. 0.1 37 Sand, shell, and mud. 36°49', 121°50'...... 2.0...... 60 Fernandina Harbor, 30°42', 81°24,. . . J...... 0.1 33 Do. Dredged materials. Fort Pierce Harbor, 27°27f, 80°15'...... 37°46', 122°38'...... 1.0...... 36 Do. 0.3 39 Do. 30°36', 124°16'...... 1,500 ft diameter______70 Do. Jacksonville Harbor, 30°21', 81°18'...... 0.3 31 Sand and shell. Miami Harbor, 25°45', 80°05'___ ...... 37°46', 122°33' (Seal Rock)...... 1,950 yd long bearing 45° 65 Construction material. 0.13 41-68 Do. true, 1,300 yd wide bear­ Palm Beach Harbor, 2ß°46', 80®01'...... 5.2 26-57 Do. ing 135® true. Port Everglades Harbor, 26°06', 80°06'...... 0.1 24 Do. St. Augustine Harbor, 29°54', 81°15'...... 33°17', 118°JQ'...... 2.0...... Dry garbage and trash. 0.31 36 Fine sand. 32°33', 119°06';...... 2.0...... , Do. St. Lucie Inlet, 27°10', 80°09'...._...... 0.1 11 Sand and shell. Charlotte Harbor, 26®;39', 82°19'...... 32°35', 117°17'...... *...... 1,000-yd radius....______Dredged spoil. 0.7 29 Silty sand and sh ell. , 33°37', 118®40'..-...... 3-mile radius...... Toxics and chemicals. Tampa Harbor, 27°36', 82®45'...... 0.5 28 Poorly graded sand and shell. Tampa Harbor, 27°33', 82®51'._...... 40°46' ,124°16'...... 500 yd...... 70 Dredged materials. 0.9 32 Do. Crescent City, 210® true from Round 1,000 ft diameter...... 90 Rocks. Tampa Harbor, 27°38', 82?51'...... 0.9 24 Do. Rock, (41°43,124°12'). South of Mobile, Ala., 30° IB', 88° 06'...... 0,8 44-48 Dredged materials (hopper dredge). Noyo Harbor, 39°25', 123°50'______500 ft diameter______100 Sediment erosion material. Southeast of Gulfport, Miss., 30° 10', 88° 57'. 0.5 23-32 Do. San Francisco Bar, western end of ship- 5,000 yds long______Southeast of Gulfport, Miss., 30° 10', 89° 00' 0.4 23-32 Do. ping channel 2,500 ft south of channel 1,000 yds wide...... Dredged material. South of Pensacola, Fla., 30° 17', 87° 19'.__ 0.1 36-42 Do. (37°45', 122®36'). South of Pascagoula, Miss., 30° 12', 88° 33'... 0.2 30-40 Dd. Moss landing west of ocean pier (36°49', 2.O..______... 360 Do. South of Panama City, Fla., 30ä 07', 85° 46'. 0.5 40 Do. 121® 50'). Port St. Joe, Fla., 29° 50', 854 29'...... 0.1 , Unknown Do. 33°00', 118°55'...... 3-mile radius...... 3.000 Conventional munitions. Port St. Joe, Fla., 29° 53', 85° 31'...... 0.15 Unknown Do. 34®40',, 122®00'...... do...... South of Carrabelle, Fla., 29° 41', 84° 37'___ 12,000 Do. 1.0 36-42 Do. 37®40', 123°25'_...... do...... 6,600 Do. South of Carrabelle, Fla., 29° 40', 84° 39'. 1.0 36-42 Do. 31° 40', 76° 56'...... 21®26', 158°38'...... do...... 7,200 Do. (») 7,600 Conventional munitions. 30®20', 131°25'...... do...... 5.000 Do. 14®32', 120°10'...... 2-mile radius...... , 3,000 Do. 13-mile radius. 13°15', 144°15'______3-mile radius___»...... 6.000 Do.

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, MAY 16, 1973 RULES AND REGULATIONS 12877

A pproved I n t e r im D o m pin g S ite s— Continued

EPA REGION X

Location Size (square miles) Depth Primary use (feet)

Latitude and Longitude 0.3...... ’.... __ - ...... 130 Sand. 0.1 ...... 126 Do. 66 Gravel and sand. 0.2...... — -...... 25 Do. 0.2...... ------...... 50 Sand. n o . • ______60 Do. 2.0...... ; ______-...... 60 Do. 0.2...... ------70 Do. 2.0...... 90 Dredged materials. 2.0...... 30-36 Do. 2.0...... - ...... (>) Do. 2.0...... (») Do. 3-mile radius------8,300 Conventional munitions. 2.0...... -...... i l ____ (‘) Dredged materials. 2.0——— -—...... (») Do. 44° 36', 124° 06'...... 2.0...... — 0) Do.

EPA HEADQUARTERS oooEE/nooiKi 3-mil ft radius______— » 6,600 Conventional munitions and M 00, us 10...... — - ■ dredged spoil.

* Not speciflced. [PR Doc.73-9434 Filed 5-15-73; 8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 federal register ENSA, A 1, 1973 16, MAY WEDNESDAY, AHNTN D.C. WASHINGTON, oue 8 Nme 94 Number * 38 Volume AT III PART od n Du Administration Drug and Food DEPARTMENT O F F O DEPARTMENT WELFARE D N A and ar Substance s u o rd za a H Banned EDUCATION, EDUCATION, P roposed Classification as as Classification roposed P ieok Devices Fireworks HEALTH, HEALTH, Denial of Petition, Petition, of Denial 12880 PROPOSED RULES

DEPARTMENT OF HEALTH, Of the 216 injuries, firecrackers and bot­ local government agencies); and EDUCATION, AND WELFARE tle rockets were founds to have caused Cii) Such distribution is in response 86 (37 percent) and 24 (11.1 percent) in­ to a written application describing the Food and Drug Administration juries respectively. The hazard from wildlife management problem that re­ [2 1 CFR pts. 191, 1 91d] these articles is such that it cannot be quires use of such devices, is of a quan­ FIREWORKS DEVICES eliminated by cautionary labeling or by tity no greater than required to control redesign or improved standards of con­ the problem described, and is where Denial of Petition; Proposed Classification struction. The Commissioner therefore other means of control are unavailable as Banned Hazardous Substances concludes that all firecrackers and bot­ or inadequate. In the matter of classifying certain tle rockets should be classified as banned * * * * * fireworks devices as “banned hazardous hazardous substanpes. substances” within the meaning of sec­ A review of the* details of other fire­ § 191.65 Exemption from classification tion 2 (q )(l)(B ) of the Federal Haz­ works accidents reveals that many of as banned hazardous substances. ardous Substances Act: them were caused by malfunction of the (a) * * * In the F ederal R egister of April 5, device or by the individual’s behavior. (2) [Revoked]

1972 (37 FR 6868), the Commissioner The Commissioner concludes that if cer­ * * * * ♦ of Food and Drugs published two pro­ tain devices are constructed ¿according posals concerning fireworks devices. Part to reasonable safety standards, the haz­ A of the document gave notice that a ards can be greatly reduced or elimi­ PART'191d— FIREWORKS DEVICES petition had been filed by the National nated. Typical changes which will be re­ Sec. Society for the Prevention of Blindness quired by these standards are the use of 191d.l Scope. proposing to ban certain fireworks de­ safety fusing on all articles which em­ 191d.2 Prohibited chemicals. 191d.3 Puses. vices not presently’classified as banned ploy fusing and the adherence to mini­ 191d.4 Bases. hazardous substances. The Commissioner mum wall thickness specifications on 191d.5 Cone fountains. stated that available information was in­ tubular articles where burnout or blowout 191d.6 Cylindrical fountains. sufficient to support the proposal, and has been a problem. The standardization 191d.7 California candles. invited interested persons to submit ap­ of labeling requirements will alert par­ 191d.8 Spike and handle cylindrical propriate data. Part B of the document ents to the potential danger of all fire­ fountains. gave notice that the Commissioner pro­ works devices and the need for close 191d.9 Roman candles. posed to revoke the exemption permit­ 181d.I0 Skyrockets with sticks. adult supervision of children while han­ 191d.ll Wheels. ting certain fireworks devices to be used dling these articles. 191dl2 Illuminating torches. for bona fide crop protection purposes. Accordingly, the Commissioner finds 191d.l3 Gold sparklers. In the F ederal R egister of Febru­ that the degree or nature of the hazard 191d.l4 Colored (nongold) sparklers. ary 20, 1973 (38 FR 4666), the Commis­ involved in the presence or use of cer­ 191d.l5 Mines and shells. sioner published his conclusions and an tain fireworks devices in the household 191d.l6 Whistles without report. order concerning part B of the proposal. is such that the objective of the public 191d.l7 Toy smoke devices and flitter The effective date of that order was con­ health and safety can be adequately devices. firmed by a notice published in the F ed­ served only by keeping them out of the 191d.l8 Helicopter-type rockets. eral R egister of April 27, 1973 (38 FR 191d.l9 Party poppers. channels of interstate commerce. All fire­ 191d.20 Missile-type rockets. 10444). This present document concerns works devices for which safety standards 191d.21 Caps. the petitioner’s proposal. are not provided in proposed part 19 Id A variety of comments were received or that are not otherwise exempted are Authority.—Sec. 2(q) (1) (B ), (2), 74 Stat. concerning petitioner’s proposal. Some classified as banned hazardous substan­ 374, as amended; 80 Stat. 1304-1305; 15 U.S.C. comments favored banning all fireworks 1261 and sec. 701(e), 52 Stat. 1055, as ces by this proposal. amended; 21 U.S.C. 371 (e). devices; other comments opposed such The proposed safety standards will action; other comments stated that some, apply equally to imported fireworks de­ § 191d.l Scope. but not all, fireworks should be banned; vices as well as domestically manufac­ This part 191d presdtibes requirements and other comments expressed concern tured articles. Bona fide public display for certain fireworks devices. Such de­ about the number and type of injuries devices are not covered by this proposal vices shall comply with the general re­ associated with the use of fireworks. since they fall outside the scope of the quirements established by §§ 191d.2 Only a few comments submitted any act. through 191d.4 and the specific require­ f actual data. Therefore, pursuant to provisions of ments applicable to the particular type The data and other available informa­ the Federal Hazardous Substances Act of device established by §§ 191d.5 through tion have been reviewed, and the Com­ (sec. 2 (q )(1) (B ), (2), 74 Stat. 374, as 191d.21. Any fireworks device which missioner concludes that they are still amended 80 Stat. 1304-1305; 15 U.S.C. fails to conform to these requirements is insufficient to support petitioner’s pro­ 1261) and the Federal Food, Drug, n.r»d a banned hazardous substance and pro­ posal or a finding that all fireworks Cosmetic Act (sec. 701(e), 52 Stat. 1055, hibited from the channels of interstate should be classified as banned hazardous as amended; 21 U.S.C. 371(e)), and un­ commerce. In addition, those fireworks substances. The Commissioner therefore der authority delegated to him (21 CFR devices for which specific requirements denies the petition. 2.120), the Commissioner proposes to are not established (including but not The Commissioner, however, based on revise paragraph (a) (3) of § 191.9, to limited to firecrackers, cherry bombs, fireworks injury data available from the revoke paragraph (a) (2) of § 191.65 and M-80 salutes, silver salutes, aerial bombs, National Electronic Injury Surveillance to add a new part 191d to title 21, chapter bottle rockets, and devices that may be System reports, investigations of injuries I, as follows: confused with candy or other food such by FDA field offices, and from other as “ dragon eggs” and “cracker-balls” sources, concludes that certain changes § 191.9 Banned Hazardous Substances. in the fireworks regulations are necessary (a) * * * (also known as “ball-type caps”), and in order to adequately protect the public (3) All fireworks devices, except fire­including kits and components intended health and safety, works devices that comply with the re­ to produce such fireworks) are also Of 216 injuries investigated by or re­ quirements of part 191d of this chapter banned hazardous substances and pro­ ported to FDA, 38 were due to cherry or fireworks devices which meet all of hibited from the channels of interstate the following conditions: bombs, M -8Q salutes, and similar articles commerce. already classified as banned hazardous (i) The fireworks devices are distrib­ substances by 21 CFR 191.9(a)(3). In uted to farmers, ranchers, or growers § 191d.2 Prohibited chemicals. addition to these banned articles, fire­ through a wildlife management program Fireworks devices included in this part crackers and bottle rockets also produced administered by the U.S. Department of 191'd shall not contain any of the fol­ a significantly large number of injuries. the Interior (or by equivalent State or lowing chemicals;

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M A Y 16, 1973 PROPOSED RULES 12881

(a) Arsenic sulfide, arsenates, or ar- (f) The cone height-to-base-diameterwound and glued between all plies and ratio shall be not more than 3-to-l (for shall be thick enough to allow function­ senites. ing without burnout or blowout. (b) Boron. example, a 9-inch cone shall have at (c) Chlorates, except in colored smoke least a 3-inch-diameter base). (b) The inside diameter of the tube mixtures in which an equal or greater (gX The shower height of the cone shall not exceed 0.750 in. amount o f sodium bicarbonate is in ­ shall not be greater than 12 ft (no more (c) A clay backing shall be formed in place inside the composition tube by corporated. than 10 percent of the sparks may exceed (d) Gallates or gallic acid. a height of 12 ft), and the fire height ramming the clay backing charge firmly (e) Magnesium. shall not be greater than 6 in when against the previously rammed composi­ (f) Mercury salts. measured from the tube orifice. tion. The clay charge shall be at least 1 (g) Phosphorus (red or w h ite). (h) Pyrotechnic composition shall not inch long and shall withstand four drops (h) Picrates or picric acid. exceed 50 g per fountain. onto a hard surface (with the clay end (i) Thiocyanates. (i) Each device shall bear the follow­ down) from a height of 3 ft without (j) Titanium, except in particle size ing cautionary labeling: cracking, crumbling, or coming loose. (d) Clay used as a backing shall be greater than 100-mesh. W arning (or Caution) (k) Zirconium. sufficiently moistened with kerosene, lin­ FLAMMABLE (OR EMITS SHOWERS OF SPARKS, IF seed oil, lube oil, or other suitable binder § 191d.3 Fuses. MORE DESCRIPTIVE) to insure permanent effective adhesion (a) Fireworks devices included in this Use only under close adult supervision. inside the tube. part 191d that require a fuse shall: For outdoor use only. (e) All composition shall be solidly (l) Utilize only a safety fuse; that is, Place on level surface. rammed to prevent loosely compacted a thread-wrapped black powder train Light fuse and get away. charges, which has a minimum of two wraps of § 191d.6 Cylindrical fountains. (f) The inner tube shall be firmly thread in opposite directions and which glued to the outer tube (approximately has been coated at time of manufacture Cylindrical fountains with base shall 75 percent adhesion) in a manner that with a cellulose acetate solution or simi­ be constructed and labeled as follows: allows a minimum void of 4 inches at lar nonflammable coating.' (a) The tubes shall be made of con­ the bottom of the outer tube, which will (2) Utilize a fuse of sufficient length volute or spiral wound chipboard, jute, serve as a handle. to bum at least 3 seconds but not more or krait, or combinations of these, tightly (g) Pyrotechnic composition shall not than 6 seconds before ignition of the wound and glued between all plies and exceed 75 g per candle. device. shall be thick enough to allow function­ (h) The shower height of the candle (b) The fuse shall be securely at­ ing without blowout or burnout. shall not be greater than 12 ft (no more tached, utilizing glue or other adhesive, (b) The inside diameter of the tube than 10 percent of the sparks shall ex­ so that it will support either the weight shall not exceed 0.750 in. ceed a height of 12 ft), and the fire of the fireworks device plus 8 oz of dead (c) The height of the fountain, ex­ height shall not be greater than 6 inches weight or double the weight of the device, cluding base, shall not exceed 10 in. when measured from the tube orifice. whichever is less, without separation (d) All composition shall be solidly (i) No chokes or muzzle restrictions from the fireworks device. rammed to prevent loosely compacted shall be used. * (c) The outside end of the fuse shall charges. (j) Each device shall bear the follow­ be protected against accidental ignition (e) Cylindrical fountains shall have a ing cautionary labeling: clay backing at least as thick as the in­ by a covering of paper, tape, or other W a r n in g ( o r C a u t io n ) suitable material. side diameter of the cylindrical tube. (f) Clay used as a backing shall be EMITS SHOWERS OF SPARKS § 191d.4 Bases. sufficiently moistened with kerosene, lin­ Use only under close adult supervision. Fireworks devices included in this part seed oil, lube oil, or other suitable binder For outdoor use only. 191d that require a base shall utilize a to insure permanent effective adhesion Hold in hand at bottom of tube. base of wood or plastic (nonbrittle, inside the tube. Point away from body so that neither end medium-impact styrene). The minimum (g) Fountains shall have a stable base points toward body. horizontal dimension or the diameter of of wood or plastic (see § 191d.4) unless Light fuse. the base shall be equal to at least one- the ratio of tube height to outside § 191d.8 Spike and handle cylindrical third of the height of the device. The diameter is 2 to 1 or less. fountains. thickness of the base shall be at least one- (h) Pyrotechnic composition shall not half inch for any device 5 inches or more Spike and handle cylindrical fountains exceed 75 g per fountain. shall be constructed and labeled as fol­ in height and at least one-fourth inch (i) The shower height of the fountain for smaller devices. lows: shall not be greater than 12 ft (no more (a) Tubes shall be made of a convo­ § 191d.5 Cone fountains. than 10 percent of the sparks shall exceed lute or spiral wound chipboard, jute, or a height of 12 ft), and the fire height Cone fountains shall be constructed kraft, or a combination of these, tightly shall not be greater than 6 in when wound and glued between all plies and and labeled as follows: measured from the tube orifice. (a) The cones shall be made of chip­ shall be thick enough to allow function­ (j) Each device shall bear the follow­ ing without burnout or blowout. board and shall be thick enough to allow ing cautionary labeling: functioning without burnout or blowout. (b) The inside diameter of the tube (b) The height of the cone shall not W arning (or Caotion) * shall not exceed 0.750 in. exceed 12 in. FLAMMABLE (OR EMITS SHOWERS OF SPARKS, IF (c) The fountain’s height shall not ex­ (c) The pyrotechnic composition shall MORE DESCRIPTIVE) ceed 10 in. be rammed or tamped so that it does not Use only under close adult supervision.. (d) A clay backing shall be formed come loose during handling. For outdoor use only. in place inside the composition tube by .(d) The cone, upper and lower ends, Place on level surface (or—keep away from ramming the clay charge firmly against shall be sealed in a manner that prevents clothing and other flammable material). the previously rammed composition. The leakage of the pyrotechnic composition. Light fuse and get away. clay charge shall have a minimum fin­ ished thickness equal to the inside diam­ (e) The cone shall contain a fiber or § 191d.7 California candles, chipboard closure disk, of such diameter eter of the tube and shall withstand four as to have a minimum of %6-inch lip California candles shall be constructed drops onto a hard surface (with the clay against the cone wall, placed firmly and labeled as follows: end down) from a height of 3 ft without against the bottom of the composition (a) Tubes shall be made of convolutecracking, crumbling, or coming loose. and sealed to the wall by means of sili­ or spiral wound chipboard, jute, or (e) Clay used as a backing shall be cate, dextrine, or other suitable adhesive. kraft, or a combination of these, tightly sufficiently moistened with kerosene, lin-

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M A Y 16, 1973 12882 PROPOSED RULES

seed oil, lube oil, or other suitable binder (e) A portion of the base of the candle Stick butt end in ground. to insure permanent effective adhesion shall be left unloaded so that the empty Do not hold in hand. inside the tube. tube and clay protective charge are no Light fuse and get away. (f) All composition shall be solidly less than 3% in (5-ball), 6 in (8-ball), § 191d.l0 Skyrockets with sticks. rammed to prevent loosely compacted 7 in (10-ball) in total length. charges. (f) The candle shall be loaded by Skyrockets with sticks shall be con­ (g) Spikes and handles inserted into pressing or ramming so that the candle structed and labeled as follows: cylindrical fountains shall be made of mix between stars is tightly consoli­ (a) Tubes shall be made of tightly wood, plastic, or tightly wound paper dated and will provide a time interval glued, convoluate wound chipboard with with a minimum flat on the protruding between stars of at least 1 but not more the inside flap deckled and tightly glued end of one-eighth inch providing a blunt than 2 seconds. (b) The sticks shall be attached to tip. The spike or handle shall be inserted (g) The stars must be of proper size the driver by means of glue, staples, or into the fountain not less than 2 inches and firm enough to allow complete burn­ wire and shall be secure enough to pre­ and cemented firmly against the clay out before one-half of the descent from vent the stick from falling off during backing. Spikes or handles shall have an the apogee has been completed when transportation, handling, or functioning. exposed length of at least 4 in. launched from a 75° to 90° angle. (c) The rocket’s cone shall be securely (h) No chokes or muzzle restrictions (h) The top of the tube shall be left glued to the tube. shall be used. unloaded for at least 1 in. (d) The propellant charge shall be (i) Pyrotechnic composition shall not (i) If the roman candle has a spike, firmly pressed into the tube in a man­ exceed 75 g per fountain. the spike shall be a wooden dowel at ner that insures adequate lift-off and (j) The shower height of the fountain least 5 in long with at least 2 in pro­ height of functioning without ground shall not be greater than 12 ft (no more truding from the base of the tube. A bursts. than 10 percent of the sparks shall ex­ minimum flat of one-eighth in on the (e) The choke shall be made of fire­ ceed .a height of 12 ft) and the fire height protruding end shall provide a blunt tip. proof material and shall be sturdy shall not be greater than 6 inches when The spike shall be glued securely in the enough to insure proper functioning. measured from the tube orifice. tube. (f) Skyrockets containing stars shall (k) Each device shall bear the follow­ (j) Pyrotechnic composition shall not be so designed that the stars ignite near ing cautionary labeling: exceed 20 g per candle. the apogee of the rocket’s flight. (l) Spike fountains: (k) Each device shall bear the follow­ (g) Rockets shall be not less than 3 W a r n in g ( or C a u t io n ) ing cautionary labeling: inches or more than 6 inches long, ex­ cluding sticks. EMITS SHOWERS OF SPARKS W a r n in g ( or C a u t io n ) (h) To provide a stable flight and Use only under close adult supervision. SHOOTS FLAMING BALLS dimen­ For outdoor use only. eliminate premature bursts, the Use only under close adult supervision. sions of the body tube and stabilizing Stick firmly in ground in an upright For outdoor use only. position. stick shall be as follows: Do not hold in hand. Light fuse and get away. No. 2 No. 3 No. 4 No. 6 (2) Handle fountains: Inches Inches ■ I n c h e s I n c h e s W a r n in g ( or C a u t io n ) Minimum tube 0.1401...... 0.1401...... 0.1401...... 0.140.1 EMITS SHOWERS OF SPARKS wall thickness. Tube length_____ . 3 to 3.6...... 3 to 4.5...... 5 to 5.5...... 5.5 to 6. Use only under close adult supervision. Stick *...... ■„ - iKe by iH# by 15___ . . . Ji by by 15-16__ ... y i by by 16-19__ — H by K by 18-19. For outdoor use only. Hold in hand—point away from body. 1 Approximately 6 wraps of chipboard paper. Light fuse. s The stabilizing stick should have a square end, and a minimum of 10-12 inches of the stabilizing stick should extend below the tube. § 191d.9 Roman candles. (i) Pyrotechnic composition shall not shall be attached. Wheel items, such as Roman candles shall be constructed exceed 20 g per rocket. ground spinners, designed to function and labeled as follows: (j) Each device shall bear the follow­ on a flat surface are not required to (a) The candle shall contain no more ing cautionary labeling: have a grommet or nail. than 10 balls. W a r n in g ( or C a u t io n ) (e) Quick match or similar material (b) Tubes shall be made of tightly may be used as communication between glued, convolute wound clipboard with FLAMMABLE drivers and must be covered with paper the inside flap deckled and tightly glued. Use only under close adult supervision. or other suitable material. (c) Tube dimensions shall be: For outdoor use only. (f) Pyrotechnic composition shall not Place in wooden trough or iron pipe at 75° angle, pointing away from people or exceed 60 g per driver or 240 g per Tube 6-ball 8-ball 10-ball flammable material. wheel. Do not hold in hand. (g) Each device shall bear the follow­ Inches Inches Inches Light fuse and get away. ing cautionary labeling: Maximum inside diameter...... 0.438 0.438 0.438 § 191d.ll Wheels. W a r n in g ( or C a u t io n ) Minimum wall thickness...... 1 0.136 * 0.147 « 0.147 Wheels shall be constructed and FLAMMABLE (OR EMITS SHOWERS OF SPARKS, Length...... 10.6 to 12 14 to 15 17 to 18 labeled as follows: IF MORE DESCRIPTIVE) (a) Tubes shall be of such heavy wall Use only under close adult supervision. 1 With a minimum of 6. wraps of chipboard paper. or high-grade paper construction so that * With a minimum of 7 warps of chipboard paper. For outdoor use only. rupture will not occur during loading Attach securely by means of a nail through (d) A clay protective charge dampenedor functioning. the hole (or place on hard flat surface, for with kerosene, linseed oil, lube oil, or (b) Inside diameter of the tubes shall ground spinners). other suitable binder shall be rammed not exceed one-half inch. Light fuse and get away. into the base of the candle in no less (c) Drivers shall be securely attached than two increments. The total clay to the wheel by adhesive, wire, or staples § 191d.l2 Illuminating torches. charge shall be at least 1 in long so that they will not come loose in han­ Illuminating torches shall be con­ and shall withstand 4 drops onto a hard dling or functioning. structed and labeled as follows: surface (with the clay end down) from (d) The hole in the wheel shall be (a) Tubes shall be of such design ana a height of 3 ft without cracking, crum­ grommeted with metal, plastic, or wood. construction as to function safely and bling, or coming loose. A mounting nail of proper diameter reliably.

FEDERAL REGISTER, VOL. 38, NO. 94— WEDNESDAY, M AY 16, 1973 PROPOSED RULES 12883

(b) Composition shall be firmly com­ Hold in hand—point away from body, * Warning (or Caution) pressed by tamping, ramming, or rolling. clothing, or other flammable material (or FLAMMABLE v (c) The torch and its wrapping shall place upright on level ground. Do not hold Shoots whistle in air (if applicable). be constructed in a manner that prevents in hand, if more descriptive). Use only under close adult supervision. powder leakage. Light fuse (or light fuse and get away, if For outdoor use only. (d) Pyrotechnic composition shall not more descriptive). Do not hold in hand. exceed 100 grams per torch. Light fuse and get away. (e) Each device shall bear the follow­ § 19 1d .l3 Gold sparklers. § 1 9 1 d .l7 Toy smoke devices and flitter ing cautionary labeling : ' Gold sparklers shall be constructed devices. W a r n i n g ( o r C a u t i o n ) and labeled as follows: Toy smoke devices and flitter devices FLAMMABLE (OR EMITS SHOWERS OF SPARKS, IF (a) Gold sparkler composition shall shall be constructed and labeled as MORE DESCRIPTIVE) follows: not contain chlorate or perchlorate. Use only under close adult supervision. (a) Toy smoke devices shall be so de­ For outdoor use only. (b) Dimensions shall be as follows : signed that they will neither burst nor produce external flame on functioning. Type 8 Type 10 • Type 14 Type 20 Type 36 (b) Cylindrical tubes shall be made of chipboard, jute, or kraft and shall be

Minimum thickness of wire (gauge)1— . 20 20 16 16 10 tightly wound and glued. Minimum length of handle (inches)------3 3 5 6 10 (c) Smoke or flitter devices shall not Minimum length of item (in inches)----- 7 9 13 18 34 have a red or silver exterior, except Minimum number of items per package. 6 8 6 None None spherical flitter devices may have a silver i Steel wire is recommended; however, fireproofed paper, plastic, bamboo, and wood and wire of less diameter or exterior. lower melting point shall be acceptable if, in burning, the hot composition does not drop off but remains more or less (d) Plastic shall not be used as an intact and can be safely disposed. exterior material for toy smokes if the (c) Each package of sparklers shall (e) Outside diameter of the insert tube composition comes in direct contact with bear the following cautionary labeling: shall fit in mortar well enough to achieve the plastic. (1) On the front and back panels: insert function near the zenith of the (e) When potassium chlorate is used flight without an excessive amount of in the composition, at least an equal W a r n i n g ( o r C a u t i o n ) amount of sodium bicarbonate shall be f l a m m a b l e black powder. (f) Safety fuses complying with an integral part of the mixture. See side panels for other cautions. § 191d.3 shall be used between tubes on (f) Each immediate container (or each (2) On the side panels: multiple-tube unite as well as for initial individual device is not sold in a pack­ ignition. age) shall bear the following caution­ C a u t i o n (g) Delay fuses of the inserts shall be ary labeling. Use only under close adult supervision. long enough to allow functioning near Warning (or Caution) For outdoor use only. Do not touch glowing wire (or do not touch the zenith, and shall be suitably con­ FLAMMABLE (OR EMITS SHOWERS OF SPARKS, hot plastic, wood, etc., if more descriptive). structed to allow ignition from the lift IF MORE DESCRIPTIVE) charge and transferral to function the Hold in hand with arm extended away from Use only under close adult supervision. body. insert. For outdoor use only. Keep burning end or sparks away from (h) Item length shall not be greater Do not hold In hand. wearing apparel or other flammable material. than 12 inches and diameter shall not Light fuse and get away. § 191d.l4 Colored (nongold) sparklers. be greater than 2 y2 inches. Ratio of tube length to inside diameter shall be at least § 191d.l8 Helicopter-type rockets. (a) Colored (nongold) sparklers shall 4-to-l for proper lift. Helicopter-type rockets shall be con­ be constructed and labeled in accordance (i) There shall be a minimum throat structed and labeled as follows: with § 191d.l3, except that: of mortar above the top of the insert (a) Tubes shall be made with a strong, (1) The sparkler composition may of 1 inch. high quality paper or plastic, such as contain perchlorate. (j) The insert shall be constructed to pressbcard, wallet, or kraft (wax- (2) The device shall not be more than allow projection without deformation dipped), and shall be tightly convolute 10 inches long. and/or premature functioning. wound, and thick enough to prevent (b) A colored sparkler, or combina­ (k) Pyrotechnic composition shall not burnout or blowout. tion colored and gold sparkler, that con­ exceed 40 g per device. (b) The plastic or metal wing shall be tains perchlorate shall not exceed 5 g in (l) Each device shall bear the follow­ of sufficient size and/or proper design to total weight of pyrotechnic composition. ing cautionary labeling: lift the device within 2 seconds.

§ 191d.l5 Mines and shells. "■ W a r n i n g ( o r CAtmoN) (c) The wing shall be attached se­ Mines and shells shall be constructed curely to the tube by means of notching, e m i t s s h o w e r s o r s p a r k s ( o r s h o o t s f l a m i n g gluing, wiring, or rubberband so that it and labeled as follows: BALLS, IF MORE DESCRIPTIVE (a) Tubes shall be made of convolute will not come off during transportation, or spiral wound shipboard, jute, or kraft, Use only under close adult supervision. handling or functioning. For outdoor use only. (d) The powder charge shall be suffi­ or a combination of these, tightly wound Place on hard smooth surface (or place up­ and glued between all plies, and shall be ciently pressed into the tubes and dense right on level ground, if more descriptive). enough to achieve proper liftoff and thick enough to allow functioning with­ Do not hold in hand. out blowout or burnout. Light fuse and get away. height of functioning without duds or (b) Mines and shells shall have a stable ground bursts. base complying with § 191d.4. § 1 9 1 d .l6 Whistles without report. (e) Pressed, dampened clay protective (c) The lift charge shall be sufficient Whistles without report shall be con­ charges shall have dimensions and den­ to project the insert into the air and have structed and labeled as follows: sity that provide safety for the user and the insert function near the zenith of the (a) Tubes shall be made of plastic or shall withstand four drops onto a hard night so that no burning material will convolute or spiral wound paper, tightly surface from a height of 3 ft without wound and glued, and shall be thick cracking, crumbling, or coming loose. come close to the ground. Not more than (f) The height of flight should be such 35 s of black powder shall be used for enough to prevent bursting. Propelling the insert. as to produce any visible effect close to (b) Pyrotechnic composition shall be the apogee of flight. (d) Tube and base shall be of such pressed or rammed to prevent premature construction that an excess of 50 per­ (g) A standard helicopter rocket tube cent over the normal lift charge and deflagration. shall be 2.5-5 inches long with at least regular insert will not rupture the base (c) Each device shall bear the follow­ 0.125-inch-thick wall and no more than or tube. ing cautionary labeling: 0.75-inch inside diameter.

FEDERAL REGISTER, VOL. 38, NO . 94— WEDNESDAY, M AY 16, 1973 12884 PROPOSED RULES

(h) Helicopter rockets less than 2.5 (e) Each device shall bear the follow­such that stars or other effects will be inches long and/or with less than 0.125- ing cautionary labeling: ignited near the apogee. inch-thick wall shall not require a safety W a r n i n g ( o r C a u t i o n ) (h) The tube shall have a minimum fuse but shall comply with all the other wall thickness of one thirty-second inch requirements for these devices. FLAMMABLE and a maximum inside diameter of 0.900 (i) Pyrotechnic composition of heli­ Us© only under close adult supervision. inch and shall not be greater than 8 copter rockets shall not exceed 20 g. Do not point either end toward face or inches in length (excluding fins and nose (j) Each device shall bear the follow­ other person. cone). . Hold In hand—jerk string. ing cautionary labeling: (i) Each device shall bear the follow­ § 191d.20 Missile-type rockets. ing cautionary labeling: W a r n i n g ( o r C a u t i o n ) W a r n i n g ( o r C a u t i o n ) FLAMMABLE (OR EMITS SHOWERS OF SPARKS, Missile-type rockets shall be con­ IF MORE DESCRIPTIVE) structed and labeled as follows: FLAMMABLE (OR EMITS SHOWERS OF SPARKS (a) Tubes shall be made with a strong, IF MORE DESCRIPTIVE) Use only under close adult supervision. high quality paper or plastic, such as For outdoor use only Use only under close adult supervision. Place on hard, open surface. press board, wallet, or kraft (wax- For outdoor use only. Light fuse and get away. dipped ), and shall be tightly convolute Place on hard, open surface. wound, and thick enough to prevent Light fuse and get away. § 191d.l9 Party poppers. burnout or blowout. § 191d.21 Caps. Party poppers (also known by other (b) The plastic or metal fins or other names such as “Snappers,” “Champagne stabilizers shall be of such material and Caps (paper or plastic) shall comply Party Poppers,” and “Party Surprise dimensions as to prevent breakage or with the requirements of § 191.65a(a) Poppers” ) shall be constructed and warping. (6) of this chapter. labeled as follows: (c) The fins or other stabilizers shall Interested persons may on or before (a) Such devices shall consist of a be attached securely to the tube by July 16,1973, file with the Hearing Clerk, .hollow tube of plastic, chipboard, or gluing. Department of Health, Education, and other suitable material containing a (d) The cone shall be securely glued Welfare, room 6-88, 5600 Fishers Lane, small charge of friction-sensitive pyro­ to the tube so that leakage of powder Rockville, Md. 20852, written comments technic composition. will not occur during shipment or han­ (preferably in quintuplicate) regarding dling. this proposal. Comments may be accom­ Ob) Body tubes shall be constructed in panied by a memorandum or brief in sup­ such manner as to prevent rupture or (e) The powder charge shall be suffi­ port hereof. Received comments may be bursting when the device is activated. ciently pressed into the tubes and dense seen in the above office during working (c) Each device shall not contain more enough to achieve proper liftoff and hours, Monday through Friday. than 0.25 gr of pyrotechnic composition. height of functioning without duds or (d) Devices may contain soft paper ground bursts. Dated May 9,1973. or cloth inserts such as confetti, (f) The choke shall be made of fire­ Sam D. Fink, streamers, or party hats, provided any proof material and sturdy enough to in­ Associate Commissioner for such inserts are treated so as to be flame sure proper functioning. Compliance. retardant. (g) The height of the flight shall be [FR Doc.73-9540 Filed 5-15-73;8:45 am]

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