HIGHLIGHTS of THIS ISSUE This Listing Does Not Affect the Legal Status of Any Document Published in This Issue

TUESDAY, DECEMBER 7, 1971

WASHINGTON, D.C.

Volume 36 ■ Number 235

Pages 23191-23280

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.

SECURITY CLEARANCE PROGRAM FOR U.S. CITIZENS EMPLOYED DIRECTLY BY NATO, SEATO, AND CENTO— Presidential Executive order ...... ------— ...... -...... — 23197

ECONOMIC STABILIZATION— Pay Board amend­ ments on retroactivity; effective 11—14—71...... 23219

HISTORIC PLACES— National Park Service notice of additions to the National Register------23258

FOOD ADDITIVES— FDA approval of certain retention aids in paper packaging materials; effective 12—7—71 ..-...... 23202 FDA notice of petition for antistatic agent in certain packaging materials...... 23262

NEW ANIMAL DRUGS— FDA approval of levami- sole hydrochloride as an anthelmintic in the drink­ ing water of swine; effective 12—7—71______23203

ANTIBIOTICS— FDA certification of minocycline hydrochloride; effective 1 2-7-71 ...... 23204 FDA proposal on revisions of the hydroxylamine colorimetric assay; comments within 30 days.. 23236

FLOOD INSURANCE— HUD additions to insur­ ance eligibility and hazard areas lists (2 docu­ ments) ______- ______23214, 23215

OCCUPATIONAL SAFETY AND HEALTH STAND­ ARDS— Labor Dept, amended standards for ex­ posure to asbestos dust (3 documents); effective 12-7-71 ...... 23207, 23217

PROCUREMENT— Postal Service regulations on property and services...... 23216 (Continued inside) MICROFILM EDITION FEDERAL REGISTER 35mm MICROFILM

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Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERALKREGISTER Archives and Records Service, General Services Administration, Washington, D.C. 20408, Areo Code 202 A\ 1934 -0^? “Phone ■---- 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent qf Documents, U.S. Government Printing Office, Washington, D.C. 20402. 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 in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o f F ederal R egulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code o f F ederal R egulations is sold by the Superintendent of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal R egulations. HIGHLIGHTS— Continued

CONSCIENTIOUS OBJECTION— Air Force Dept, SECURITIES REGISTRATION— SEC proposals regulation on uniform procedures for in-service concerning wider availability of short form S-16; personnel ______...... 23209 comments by 1 -3 -7 2 ...... 23256

DANGEROUS CARGOES— Coast Guard regula­ SURVEYS OF MANUFACTURES—Commerce tion on packaging requirements for certain ma­ Dept, notice on 1971 annual survey...... 23258 terials; effective 3 -6 -7 2 ______..... 23218 NEW DRUGS— FDA notice on efficacy of certain TOBACCO— USDA proposal on allotments and adhesive tape removal solvent...... 23262 marketing quotas; comments within 30 days...... 23221 ENVIRONMENT— HANDICAPPED HOMEWORKERS— Labor Dept, AEC notices on nuclear facility construction proposals for employment outside work activities (9 documents)___ 23262-23266 centers; comments in 30 days______23235 GSA notice on guidelines for impact statement preparation ..‘...... 23274 Council on Environmental Quality notice on HAZARDOUS AIR POLLUTANTS— EPA proposals agency impact statements.-...... 23270 on standards for asbestos, beryllium and mercury; comments within 90 days______.... 23239 PACIFIC AIR FARES— CAB notice of schedule for receipt of comments...... 23268 BANK HOLDING COMPANIES— FRS postpone­ ment of hearing to 1-19-72; extension of com­ WOODSY OWL SYMBOL— USDA regulations on ment time to 2 - ll- 7 2 .„ ...... 23256 use of symbol; effective 1 2 -7-7 1...... 23220

Contents THE PRESIDENT ANIMAL AND PLANT HEALTH CENSUS BUREAU SERVICE Notices EXECUTIVE ORDER Rules and Regulations Annual surveys in manufacturing Security clearance program for Brucellosis; modified certified bru­ area; determination______23258 U.S. citizens employed directly cellosis areas______23199 by NATO, SEATO, and CENTO- 23197 ATOMIC ENERGY COMMISSION CIVIL AERONAUTICS BOARD Notices Notices EXECUTIVE AGENCIES Availability of applicants’ environ - Hearings, etc.: - mental reports: Air Caicos Ltd— ______23268 AGRICULTURAL STABILIZATION Carolina Power and Light Co__ 23262 Airlines Industrial Relations Consolidated Edison Company AND CONSERVATION of New York, Inc______23263 Conference______23268 SERVICE Consumers Power Co______23263 Continental Air Lines, Inc____ 23268 Nebraska Public Power District- 23264 International Air Transport As­ Proposed Rule Making Washington Public Power Sup­ sociation ______23268 ply System______23266 North Central Airlines, Inc____ 23269 Tobacco; allotment and market­ Consolidated Edison Company of ing quotas______23221 New York, Inc.; order confirm­ ing order for resumption of COAST GUARD AGRICULTURE DEPARTMENT hearing___.______23266 Rules and Regulations See Agricultural Stabilization and Determinations not to suspend construction activities pend­ Transportation or storage of ex­ Conservation Service; Animal ing completion of NEPA en­ plosives or other dangerous arti­ and Plant Health Service; Con­ vironmental reviews: cles or substances, and combus­ sumer and Marketing Service; Iowa Electric Light and Power tible liquids on board vessels; Co. et a l_ „ ______23263 Forest -Service; Packers and dangerous cargo containers-__ 23218 Stockyards Administration. Metropolitan Edison Co. et al. and Jersey Coltrai Power & Light Co______23264 COMMERCE DEPARTMENT AIR FORCE DEPARTMENT Pacific Gas & Electric Co_____ 23265 Rules and Regulations Virginia Electric and Power Co_ 23265 See Census Bureau; Import Pro­ Public Service Electric and Gas grams Office. Disposition of conscientious ob­ Co.; hearing on application for (Continued on next page) jectors ______23209 construction permits______23266 23193 23194 CONTENTS

CONSUMER AND MARKETING FEDERAL MARITIME HEALTH, EDUCATION, AND SERVICE COMMISSION WELFARE DEPARTMENT Rules and Regulations Notices See also Food and Drug Adminis­ Lettuce grown in lower Rio Associated Latin American Freight tration. Grande Valley of south Texas; Conferences and Association of Notices shipments limitations______23199 West Coast Steamship Compa­ Proposed Rule Making nies; wharfage and handling National Advisory Committee on charges; investigation______23271 Occupational S afe ty and Milk in Boston regional and cer­ Certificates of financial responsi­ Health; composition and func­ tain other marketing areas; bility (oil pollution); certificates tions; cross reference______23262 hearing on proposed amend­ issued______23272 ments to tentative marketing Consolidated Cargo Corp. et al.; HOUSING AND URBAN agreements and orders_____ 23222 independent ocean freight for­ Milk in Georgia marketing area; warder license applicants_____ 23272 DEVELOPMENT DEPARTMENT decision on proposed amend­ Equality Plastics, Inc., and Lead­ ments to marketing agreement See Federal Insurance Adminis­ ing Forwarders, Inc.; investi­ tration. and order______23223 gation and hearing______23273 Olives grown in California; post­ ponement of hearing regarding FEDERAL RESERVE SYSTEM IMPORT PROGRAMS OFFICE marketing a g reem en t and order______23222 Proposed Rule Making Notices Bank holding companies; delay of University of Texas at Austin et DEFENSE DEPARTMENT hearing regarding armored car al.; applications for duty-free See also Air Force Department. and cornier services______23256 entry of scientific articles____ _ 23259 Notices Rules and Regulations INDIAN AFFAIRS BUREAU New and/or combat serviceable Federal Open Market Committee; equipment for reserve forces_ 23209 current economic policy direc­ Proposed Rule Making tive; correction-______23273 ENVIRONMENTAL PROTECTION Lincoln First Banks, Inc.; pro­ Fort Hall Irrigation Project; basic posed acquisition of Lincoln- and other water charges______23221 AGENCY First/Baer Corp.; correction__ 23273 Notices Proposed Rule Making FISH AND WILDLIFE SERVICE Area Field Representative, River­ National emission standards for side Area Field Office; delega­ hazardous air pollutants; asbes­ Rules and Regulations tion of authority relating to tos, beryllium, mercury______23239 Sport fishing on Iroquois National lands and minerals______23258 Wildlife Refuge, N.Y______23220 ENVIRONMENTAL QUALITY FOOD AND DRUG INTERIOR DEPARTMENT COUNCIL ADMINISTRATION See Fish and Wildlife Service; Notices Indian Affairs Bureau; National Environmental impact statements; Rules and Regulations Park Service. public availability______23270 Bread and rolls, or buns; identity standard; confirmation of effec­ INTERSTATE COMMERCE tive date______23202 COMMISSION FEDERAL AVIATION Food additives; components of ADMINISTRATION paper and paperboard in con­ Notices Rules and Regulations tact with aqueous and fatty foods______23202 Assignment of hearings______23278 Airworthiness directive; Swear­ Minocycline hydrochloride; anti­ ingen airplanes.______23200 biotic certification-______23204 LABOR DEPARTMENT Alterations: New animal drugs; levamisole See also Labor Standards Bureau; Control zone______23201 hydrochloride______23203 Occupational Safety and Health Jet route segment______23202 Proposed Rule Making Administration; Wage and Hour Restricted area______23202 Division. Transition areas (3 docu­ Hydroxylamine colorimetric as­ ments) ______23201 say ------23236 Rules and Regulations Designation; transition area____ 23202 Notices Safety and Health standards for Proposed Rule Making Montecantini Edison, SP.A.; filing Federal supply contracts; stand­ Airworthiness directives; Marvel of petition for food additive___ 23262 ard for exposure to asbestos Schebler carburetors______23237 Solvent for external use in re­ d u st______23217 Area high routes; designation___ 23238 moval of adhesive tape from the Notices Control zone and transition area; skin; drugs for human use; effi­ alteration______23238 cacy study implementation__ _ 23262 National Advisory Committee on Occupational S afe ty and FEDERAL INSURANCE FOREST SERVICE Health; composition and func­ tions ______23277 ADMINISTRATION Rules and Regulations Use of “Woodsy Owl” symbol-__ 23220 Rules and Regulations Flood insurance program: GENERAL SERVICES LABOR STANDARDS BUREAU Areas eligible for the sale of ADMINISTRATION Rules and Regulations insurance______23214 Notices Safety and health regulations for Identification of special hazard Environmental statements; pro­ construction; standard for ex­ are a s______23215 cedures for preparation ____ 23274 posure to asbestos dust______23207 CONTENTS 23195

NATIONAL HIGHWAY TRAFFIC PACKERS AND STOCKYARDS SECURITIES AND EXCHANGE SAFETY ADMINISTRATION ADMINISTRATION COMMISSION Proposed Rule Making Rules and Regulations Notices Davis Ranch Horse Sale, et al.; Registration of certain securities; Federal motor vehicle safety changes in names of posted use of optional Form S-16— — 23256 standards; recodiflcation; cor­ stockyards______23261 Notices rection ______.____ 23220 Hearings, etc.: PAY BOARD Delmarva Power & Light Co— 23275 NATIONAL PARK SERVICE Rules and Regulations Louisiana Power & Light Co— 23277 Notices Stabilization of wages and sal­ MML Investment Co., Inc_____ 23276 National Register of Historic aries; retroactivity------23219 TRANSPORTATION DEPARTMENT Places; additions, deletions, or POSTAL SERVICE See Coast Guard; Federal Avia­ corrections------— 23258 tion Administration; National Rules and Regulations Highway Traffic Safety Admin­ OCCUPATIONAL SAFETY AND Procurement of property and serv­ istration. HEALTH ADMINISTRATION ices other than mail transporta­ tion services------23216 WAGE AND HOUR DIVISION Rules and Regulations Rural service; listing of approved Proposed Rule Making Occupational safety and health; manufacturers and suppliers of Employment of handicapped emergency standard for ex­ mailboxes and contemporary- clients in sheltered workshops; posure to asbestos dust------23207 style boxes------23216 change in conditions______23235 23196 CONTENTS List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative 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. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1971, and specifies how they are affected.

3 CFR 1098— 23222 135g______23203 1099__ — 23222 E xecutive Orders: 141______23204 1101____ 23222 145 ______23205 10865 (see EO 11633)______23198 1102_.___ 23222 146 ______23205 11633______23197 1103 _ 23222 147— ______23205 1104 _ 23222 150g______23205 6 CFR 1106____ 23222 20i___ 23219 1108____ 23222 P r o p o s e d R u l e s : 1120____ 23222 141______23236 7 CFR 1121____ 141a_____ ;_____ 23236 23222 148w______971______J______; 23199 1124 _ 23222 23236 P roposed R ules: 1125 _ 23222 24 CFR 1126____ 23222 724______23221 1127_— . 23222 1914 ______23214 932______23222 1128____ 23222 1915 ______23215 1001 ______23222 1129— 23222 25 CFR 1002 ______23222 1130 ______23222 1004__ 23222 1131 _ 23222 P r o p o s e d R u l e s : 1006 __ 23222 1132 _ 23222 221______23221 1007 (2 documents)______2322, 23223 1133 _ 23222 1011 ____ 23222 1134 _ 23222 29 CFR 1012 __ 23222 1136 ______23222 1518______23207 1013 ______23222 1137 _ 23222 1910______23207 1015______23222 1138 _ 23222 P r o p o s e d R u l e s : 1030______23222 525______1032 _____ 23222 9 CFR 23235 1033 __ 23222 32 CFR 1036------23222 78______23199 1040____ 23222 44______23209 1043—______23222 12 CFR 888e______23209 1044______23222 P roposed R ules: 3 5 ç p jj 1046______23222 222------23256 272_____ 1049 _ 23222 23220 1050 ______23222 14 CFR 39 CFR 1060------23222 1061______23222 39______23200 156______23216 1062______23222 71 (5 documents) 23201, 23202 601______23216 1063 ------23222 73— ______------23202 1064 ____ 23222 75______23202 40 CFR 1065 ------23222 P roposed R ules: P roposed R ules: 1068------23222 39__.____ ,_____ 23237 61______23239 1069 ------23222 71______23238 1070 ------23222 75______23238 41 CFR 1071 _ 23222 50-204______23217 1073____ 23222 17 CFR 1075 ___ 23222 P roposed R ules: 46 CFR 1076 ______23222 239______146______23218 1078 ------23222 23256 1079 ------23222 21 CFR 49 CFR 1090------23222 571______23220 1094------23222 17______23202 1096 ------23222 121______23202 50 CFR 1097 ------23222 135c____ 23203 33______23220 Presidential Documents

Title 3—The President EXECUTIVE ORDER 11633 Security Clearance Program for United States Citizens Employed Di­ rectly by the North Atlantic Treaty Organization, the South-East Asia Treaty Organization, and the Central Treaty Organization The United States now participates in the activities of the North Atlantic Treaty Organization (NATO), the South-East Asia Treaty Organization (SEATO), and the Central Treaty Organization (CENTO). The security regulations of these three treaty organizations provide that each participating nation shall be responsible for the security screening and security clearance of its own citizens before they are au­ thorized access to the Organization’s TOP SECRET, SECRET, or CONFIDENTIAL information. There is no existing program, however, under which United States civilians who are hired directly by these organizations can be screened and cleared for access to such Organiza­ tion’s TOP SECRET, SECRET, or CONFIDENTIAL information while so employed. It is, of course, in the interest of the United States that United States citizens who participate in the activities of NATO, SEATO, and CENTO as direct hire employees of the civil or military agencies of those organizations be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States. At the same time, it is a fundamental principle of our Government to protect against unreasonable or unwarranted encroachment on the freedom and privacy of individuals. I have determined that the provisions and procedures prescribed by this Order are necessary to assure the preservation of the integrity of the classified information of NATO, SEATO, and CENTO, and to protect the national interest. I have also determined that these provi­ sions and procedures recognize the rights.of individuals affected thereby and provide maximum possible safeguards to protect such rights. NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, and as Commander-in- Chief of the Armed Forces of the United States, it is ordered as follows:

Section 1. The Secretary of Defense shall establish a program and, by regulation, shall prescribe such specific requirements, restrictions, and other safeguards as he considers necessary for the administration of procedures whereby “Certificates of Security Clearance” for the United States citizens directly employed by civil or military agencies of NATO,

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23198 THE PRESIDENT SEATO, or CENTO may be provided to these international organiza­ tions when they so request. Such program shall also provide for the denial, revocation, or suspension of such* “Certificates.”

Sec. 2. Subject to the provisions of applicable international agree­ ments, the procedures established by the Secretary of Defense shall, insofar as is practical, be similar to those established by him pursuant to the authority vested in him by Executive Order No. 10865 of February 20, 1960, as amended.

Sec. 3. The substance of the criteria, safeguards, and procedures provided in Sections 2, 3 ,4, 5, 6, 7, and 9 of Executive Order No. 10865, as amended, shall be incorporated in the regulations of the Secretary of Defense governing the program established hereunder.

Sec. 4. Any authority vested in the Secretary of Defense by this Order may be delegated to the Deputy Secretary of Defense or an Assistant Secretary of Defense.

T h e W hite H ouse, December 3, 1971. [FR Doc. 71-17933, Filed 12-3-71; 3:28 pm]

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23199 Rules and Regulations

pose shipments, (f) Inspection, and (g) Marketing Agreement No. 144 and this Title 7— AGRICULTURE Definitions are hereby deleted and new part. paragraphs (d), (e), (f), and (g) are (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Chapter IX— Consumer and Market­ added to read as follows: 601-674) ing Service (Marketing Agreements § 971.312 Limitation of shipment. and Orders; Fruits, Vegetables, Dated December 1,1971, to become ef­ fective December 1, 1971. Nuts), Department of Agriculture (a) [Deleted! [Amdt. 1] * * * * * P aul A. Nicholson, (d) Minimum quantity. Any person Acting Director, Fruit and PART 971— LETTUCE GROWN IN may handle up to, but not to exceed two Vegetable Division, Consumer LOWER RIO GRANDE VALLEY OF cartons of lettuce a day without regard and Marketing Service. SOUTH TEXAS to inspection, assessment, and pack re­ [PR Doc.71-17826 Filed 12-6-71;8:49 am] quirements but must meet container re­ Limitation of Shipments quirements. This exception may not be Findings. Pursuant to Marketing applied to any portion of a shipment of Agreement No. 144 and Order 971 (7 over two cartons of lettuce. Title 9— ANIMALS AND CFR Part 971), regulating the handling' (e) Special purpose shipments. Let­ of lettuce grown in the Lower Rio Grande tuce not meeting pack or container re­ ANIMAL PRODUCTS Valley in South Texas (Cameron, Hi­ quirements of paragraphs (b) or (c) of dalgo, Starr, and Willacy Counties), this section may be handled for any pur­ Chapter I— Animal and Plant Health effective under the applicable provisions pose listed, if handled as prescribed, in Service, Department of Agriculture of the Agricultural Marketing Agreement subparagraphs (1) and (2) of this para­ SUBCHAPTER C— INTERSTATE TRANSPORTATION Act of 1937, as amended (7 U.S.C. 601 et graph. Inspection and assessments are OF ANIMALS AND POULTRY seq.), and upon the basis of the recom­ not required on such shipments. These mendation and information submitted by special purpose shipments are as follows: PART 78— BRUCELLOSIS the South Texas Lettuce Committee, es­ (1) For relief, charity, experimental Subpart D— Designation of Modified tablished pursuant to said marketing purposes, or export to Mexico, if, prior agreement and order, and upon other to handling, the handler pursuant to Certified Brucellosis Areas, Public available information, it is hereby found §§971.120-971.125 obtains a Certificate Stockyards, Specifically Approved that the amendment to the limitation of of Privilege applicable thereto and re­ Stockyards, and Slaug h tering shipments hereinafter set forth will tend ports thereon; and Establishments to effectuate the declared policy of the (2) For export to Mexico, if the han­ act. dler of such lettuce loads or transports it M odified Certified Brucellosis Areas Because of warm weather, lettuce now only in a vehicle bearing Mexican regis­ Pursuant to § 78.16 of the regulations being harvested in the Lower Rio Grande tration (license). in Part 78, as amended, Title 9, Code of Valley will not meet the 75 percent UJ3. (f) Inspection. (1) No handler may Federal Regulations, containing restric­ No. 1 grade requirement of the current handle any lettuce for which an inspec­ tions on the interstate movement of ani­ regulation. However, the lettuce being tion certificate is required unless an mals because of brucellosis, under sec­ harvested is clean, with good weight and appropriate inspection certificate has tions 4, 5, and 13 of the Act of May 29, appearance. Since there is a temporary been issued with respect thereto. 1884, as amended; sections 1 and 2 of the shortage of lettuce and the demand for (2) No handler may transport, or Act of February 2, 1903, as amended; that being harvested in Texas is expected cause the transportation of, by motor ve­ and section 3 of the Act of March 3, to continue relatively strong, the com­ hicle, any shipment of lettuce for which 1905, as amended (21 UJS.C. 111-113, mittee has recommended deletion of the an inspection certificate is required un­ 114a-l, 120, 121, 125), §78.13 of said current grade requirements. less each such shipment is accompanied regulation designating Modified Certified It is hereby found that it is impracti­ by a copy of an inspection certificate or Brucellosis Areas is hereby amended to cable and contrary to the public interest by a copy of a shipment release form read as follows: to give preliminary notice, or engage in (SPI-23) furnished by the inspection public rule making procedure, and that service verifying that such shipment § 78.13 Modified Certified Brucellosis good cause exists for not postponing the meets the current pack and/or container Areas. effective date of this amendment until requirements of this section. A copy of The following States, or specified por­ 30 days after publication ha the F ederal the inspection certificate, or shipment tions thereof, are hereby designated as Register (5 U.S.C. 553) in that (1) the release form applicable to each truck Modified Certified Brucellosis Areas: time intervening between the date when lot shall be available and surrendered Alabama. The entire State; information upon which this amendment upon request to authorities designated by Alaska. The entire State; is based became available and the time the committee. Arizona. The entire State; when this amendment must become ef­ (3) For administration of this part, Arkansas. The entire State; fective in order to effectuate the declared an inspection certificate or shipment re­ _ California. The entire State; policy of the act is insufficient, (2) com­ Colorado. The entire State; lease form required by the committee as Connecticut. The entire State; pliance with this amendment will not re­ evidence of inspection is valid for only Delaware. The entire State; quire any special preparations on the part 72 hours following completion of inspec­ Florida. The entire State; of handlers, (3) information regarding tion, as shown on such certificate or Georgia. The entire State; the committee’s recommendation has form. Hawaii. The entire State; been made available to producers and (g) Definitions. (1) “Wrapped” heads Idaho. The entire State; handlers in the production area, and (4) of lettuce refers to those which are en­ Illinois. The entire State; this amendment relieves restrictions on closed individually in parchment, plastic, Indiana. The entire State; the handling of lettuce grown in the pro­ or other commercial film (Cf AMS 481) Iowa. The entire State; duction area. Kansas. The entire State; and then packed in cartons or other Kentucky. The entire State; Regulation, as amended. In § 971.312 containers. Louisiana. The entire State; (36 F.R. 20031) paragraphs (a) Grade, (2) Other terms used in this section Maine. The entire State; (d) Minimum quantity, (e) Special pur- have the same meaning as when used in Maryland. The entire State;

No. 235-----2 FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23200 RULES AND REGULATIONS Massachusetts. The entire State; Wichita, Wilbarger, Williamson, Wilson, Interested persons have been afforded Michigan. The entire State; Winkler, Wise, Wood, Yoakum, Young, Za­ an opportunity to participate in the Minnesota. The entire State; pata, and Zavala Counties; Mississippi. Adams, Alcorn, Amite, Attala, Utah. The entire State; making of the amendment. Only one Benton, Bolivar, Calhoun, Carroll, Chicka­ Vermont. The entire State; response with two comments was re­ saw, Choctaw, Claiborne, Clarke, Clay, Coa­ Virginia. The entire State; ceived. One comment proposed that com­ homa, Copiah, Covington, De Soto, Forrest, Washington. The entire State; pliance with the proposed airworthiness Franklin, George, Greene, Grenada, Hancock, West Virginia. The entire State; directive be required of airplanes with Harrison, Hinds, Holmes, Humphreys, Issa­ Wisconsin. The entire State; 3,750 or more hours’ time in service quena, Itawamba, Jackson, Jasper, Jefferson, Wyoming. The entire State; rather than of airplanes with 2,250 or Jefferson Davis, Jones, Kemper, Lafayette, Puerto Rico. The entire area; and more hours’ time in service. The FAA Lamar, Lauderdale, Lawrence, Leake, Lee, Virgin Islands of the United States. The Lincoln, Lowndes, Madison, Marion, Marshall, entire area. does not agree. The 3,750 or more hours’ Monroe, Montgomery, Neshoba, Newton,_ time in service requirement before initial Noxubee, Oktibbeha, Panola, Pearl River, (Secs. 4, 5, 23 Stat. 32, as amended; secs. 1, inspection does not adequately consider Perry, Pike, Pontotoc, Prentiss, Quitman, 2, 32 Stat. 791—792, as amended; sec. 3, 33 the prior fatigue experience sustained by Rankin, Scott, Sharkey, Simpson, Stone, Stat. 1265, as amended; sec. 2, 65 Stat. 693; 21 U.S.C. 11-113, 114a-l, 120, 121, 125; 21 the Swearingen Model' SA26-T and Smith, Sunflower, Tallahatchie, Tate, Tippah, F.R. 16210, as amended, 9 CFR 78.16) SA26-AT wings before their installation Tishomingo, Tunica, Union, Walthall, War­ on Swearingen airplanes. The second ren, Washington, Wayne, Webster, Wilkinson, Effective date. The foregoing amend­ comment proposed that the center wing Winston, Yalobusha, and Yazoo Counties; ment shall become effective upon publi­ Missouri. The entire State; spar cap not be replaced when a fitting Montana. The entire State; cation in the F ederal R egister cracked by fatigue is found. A separate Nebraska. The entire State; (12-7-71). inspection program for the center wing Nevada, The entire State; The amendment adds the following spar cap was recommended. Since no /New Hampshire. The entire State; additional areas to the list of areas desig­ satisfactory inspection program has been New Jerseÿ. The entire State; nated as Modified Certified Brucel­ presented, and as a result of fatigue New Mexico. The entire State; losis Areas because it has been deter­ New York. The entire State; analysis and tests conducted by manu­ North Carolina. The entire State; mined that such areas come within the facturers and government agencies on North Dakota. The entire State; definition of §78.1(1): Victoria and aircraft and components with compara­ Ohio. The entire State; Wharton Counties in Texas. ble stress levels and structural configura­ Oklahoma. The entire State; The amendment imposes certain tion to that of Swearingen Model SA26 Oregon. The entire State; restrictions necessary to prevent the series airplanes, the FAA has determined Pennsÿlvania. The entire State; spread of brucellosis in cattle and re­ the necessity for the center wing spar cap Rhode Island. The entire State; South Carolina. The entire State; lieves certain restrictions presently im­ replacement when a fitting cracked by South Dakota. The entire State; posed. It should be made effective fatigue is found. As a result of tests and Tennessee. The entire State; promptly in order to accomplish its pur­ further evaluations currently being jnade pose in the public interest and to be of by the manufacturer, a satisfactory cen­ Texas, Anderson, Andrews, Angelina, Aransas, Archer, Armstrong, Atascosa, maximum benefit to persons subject to ter wing spar cap inspection program Austin, Bailey, Bandera, Bastrop, Baylor, the restrictions which are relieved. Ac­ may be developed. In this event the neces­ Bee, Bell, Bexas, Blanco, Borden, Bosque, cordingly, under the administrative pro­ sary amendment to the A.D. to reflect Bowie, Brazos, Brewster, Briscoe, Brooks, cedures provisions of 5 U.S.C. 553, it is this change will be considered. Brown, Burleson, Burnet, Caldwell, Cal­ found upon good cause that notices and In consideration of the foregoing, and houn, Callahan, Cameron, Camp, Carson, other public procedures with respect to pursuant to the authority delegated to Cass, Castro, Chambers, Cherokee, Child­ the amendment are impracticable, un­ me by the Administrator (31 F.R. 13697), ress, Clay, Cochran, Coke, Coleman, Collin, necessary, and contrary to the public in­ § 39.13 of Part 39 of the Federal Aviation Collingsworth, Colorado, Comal, Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crock­ terest, and good cause is found for mak­ Regulations is amended by adding the ett, Crosby, Culberson, Dallam, Dallas, ing the amendment effective less than 30 following new airworthiness directive : ederal Dawson, Deaf Smith, Delta, Denton, De days after publication in the F Swearingen. Applies to Models SA26-T and Witt, Dickens, Dimmit, Donley, Duval, R egister. SA26-AT with 2250 or more hours’ time Eastland, Ector, Edwards, Ellis, El Paso, Done at Washington, D.C., this 1st in service. Erath, Falls, Fannin, Fayette, Fisher, Floyd, Compliance required as indicated. Foard, Franklin, Freestone, Frio, Gaines, day of December 1971. To detect crackipg of certain wing center Galveston, Garza, Gillespie, Glasscock, Go­ F. J. Mulhern, sections and outer wing front spar structural liad, Gray, Grayson». Gregg, Grimes, Guade- Acting Administrator, components, accomplish the following: lupe, Hale, Hall, Hamilton, Hansford, Harde­ Anivial and Plant Health Service. (a) Within the next 50 hours time in serv­ man, Hardin, Harrison, Hartley, Haskell, ice after the effective date of this A.D., and Hays, Hemphill, Henderson, Hidalgo, Hill, [FR Doc.71-17825 Filed 12-6-71;8:49 am] thereafter at intervals not to exceed 100 Hockley, Hood, Hopkins, Houston, Howard, hours, visually inspect the lower wing skin Hudspeth, Hunt, Hutchinson, Irion, Jack, area adjacent to each outer wing panel front Jackson, Jasper, Jeff Davis, Jefferson, Jim spar attachment fitting for cracks. The area Hogg, Jim Wells, Johnson, Jones, Karnes, to be inspected includes the skin around the Kaufman, Kendell, Kent, Kerr, Kimble, King, Title 14— AERONAUTICS ten screws common to the skin and the Kinney, Knox, La Salle, Lamar, Lamb, Lam­ outboard wing attachment fitting outboard pasas, Lavaca, Lee, Léon, Liberty, Limestone, AND SPACE of the wing production break at WJS. 99. Lipscomb, Live Oak, Llano, Loving, Lub­ (1) If no wing panel skin cracks are found bock, Lynn, McCulloch, McLennan, McMul­ Chapter I— Federal Aviation Adminis­ during the inspections of this paragraph, len, Madison, Marion, Martin, Mason, Mav­ tration, Department of Transportation the inspections specified in paragraph (b) erick, Medina, Menard, Midland, Milam, must be performed thereafter at intervals Mills, Mitchell, Montague, Montgomery, [Airworthiness Docket No. 71-SW-55, not to exceed 500 hours. Moore, Morris, Motley, Nacogdoches, Navarro, Arndt. 39-1353] (2) If wing panel skin cracks are found Newton, Nolan, Ochiltree, Oldham, Orange, during the inspections of this paragraph, the Palo Pinto, Panole, Parker, Parmer, Pecos, PART 39— AIRWORTHINESS inspections specified in paragraph (b) must Polk, Potter, Presidio, Rains, Randall, Rea­ DIRECTIVES be performed thereafter at intervals not to gan, Real, Red River, Reeves, Refugio, Rob­ exceed 250 hours. Repair skin cracks in erts, Robertson, Rockwall, Runnels, Rusk, Swearingen Model SA26 Series accordance with standard practices outlined Sabine, San Augustine, San Jacinto, San Airplanes in AC 43.13—1 or in accordance with a method Patricio, San Saba, Schleicher, Scurry, approved by the Chief, Engineering and Man­ Shackelford, Shelby, Sherman, Smith, Som­ A proposal to amend Part 39 of the ufacturing Branch, FAA, Southwest Region. ervell, Starr, Stephens, Sterling, Stonewall, Federal Aviation Regulations to include „ (b) Within the next 50 hours time in Sutton, Swisher, Tarrant, Taylor, Terrell, an airworthiness directive requiring in­ service after the effective date of this A.D., Throckmorton, Titus, Tom Green, Travis, spection of the wing for cracks and re­ and thereafter at intervals as specified in Trinity, Terry, Tyler, Upshur, Upton, Uvalde, pair if necessary on Swearingen Models paragraph (a) above, remove the left and Val Verde, Van Zandt, Victoria, Walker, right front spar lower cover plates (inboard SA26-T and SA26-AT airplanes was pub­ and outboard of W.S. 99) and outer wing Ward, Washington, Webb, Wheeler, Wharton, lished in 36 F.R. 19912. front spar lower attachment bolts. Inspect

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 RULES AND REGULATIONS 23201 the left and right front spar lower cap at­ ments. All comments received were [Airspace Docket No. 71-CE-107] tachment fittings (inboard and outboard of favorable. PART 71— DESIGNATION OF FEDERAL W.S. 99) for cracks by visual and dye pene­ In consideration of the foregoing, Part trant methods. 71 of the Federal Aviation Regulations is AIRWAYS, AREA LOW ROUTES, (1) If no cracks are found, reinstall the amended, effective 0901 G.m.t., Febru­ CONTROLLED AIRSPACE, AND RE­ attachment bolt and cover plate. Use a new PORTING POINTS p/N 61475-14-72.9 washer assembly under ary 3,1972, as hereinafter set forth. the nut upon reinstallation of attachment In §71.181 (36 F.R. 2140), the Alteration of Transition Area bolt and torque assembly to 5,000 to 5,500 in Memphis, Tenn. (NAS), transition area lbs. Of torque. Bolts, nuts, washers, and is amended as follows: On page 18802 of the F ederal R egister spar fittings must be washed with methyl “* * * 8.5 miles east of the RBN dated September 22, 1971, the Federal ethyl ketone or lacquer thinner, and tight­ * * * .” is deleted and “* * * 8.5 miles Aviation Administration published a ened unlubricated. east of the RBN; within a 7-mile radius notice of proposed rule making which No te: This area is pictured in the Swear­ of Arlington Municipal Airport (latitude would amend § 71,181 of Part 71 of the ingen Model SA26-T and SA26-AT Mainten­ 35°16'58" N., longitude 89°40'22" W .); Federal Aviation Regulations so as to ance Manual in Figure 3-68. within 3 miles each side of the 161° bear­ alter the transition area at Tiffin, Ohio. (2) If fatigue cracks are found in any wing attachment fitting during the inspection re­ ing from Loosahatchie RBN (latitude Interested persons were given 45 days quired by this paragraph, replace the follow­ 35°17'04" N., longitude 89°40'19" W.), to submit written comments, suggestions, ing parts prior to further flight: extending from the 7-mile-radius area or objections regarding the proposed (i) Both right and left center and outer to 8.5 miles south of the RBN * * is amendment. wing panel lower front spar caps including substituted therefor. No objections have been received and the wing attachment fitting. • (Sec. 307(a), Federal Aviation Act of 1958, 49 the proposed amendment is hereby (ii) The skin panels adjacent to the outer U.S.C. 1348(a); sec. 6(c), Department of adopted without change and is set forth wing attachment fittings. Transportation Act, 49 U.S.C. 1655(c)) below. (3) If a stress corrosion crack is found in a wing attachment fitting, replace the af­ Issued in East Point, Ga., on Novem­ This amendment shall be effective 0901 fected fitting. A stress corrosion crack is ber 26, 1971. G.m.t., February 3, 1972. identified by its direction (spanwise) and its (Sec. 307(a), Federal Aviation Act of 1958, J ames R ogers, location (lower face of the wing attachment G. 49 U.S.C. 1348; sec. 6 (c), Department of fitting). Director, Southern Region. Transportation Act, 49 U.S.C. 1655(c)) (c) Replacement of parts required by par­ [FR Doc.71-17792 Filed 12-6-71;8:46 am] agraph (b) (2 ) will permit the establishment Issued in Kansas City, Mo., on Novem­ of new initial inspection times for the [Airspace Docket No. 71-CE-108] ber 18, 1971. inspections of paragraphs (a) and (b). The J ohn M. Cyrocki, new initial inspection time is 2,250 hours PART 71— DESIGNATION OF FEDERAL Director, Central Region. time in service after parts replacement. AIRWAYS, AREA LOW ROUTES, (d) Equivalent methods of compliance In § 71.181 (36 F.R. 2140), the follow­ with this A.D. must be approved by the Chief, CONTROLLED AIRSPACE, AND RE­ ing transition area is amended to read: Engineering and Manufacturing Branch, PORTING POINTS T if f in , O h io PAA, Southwest Region. (e) Notification in writing must be sent Alteration of Control Zone That airspace extending upward from 700 to Chief, Engineering and Manufacturing feet above the surface within a 7-mile radius Branch, FAA, Southwest Region, of the lo­ On page 18802 of the F ederal R egister of the Seneca County Airport (latitude cation and length of any cracks found dur­ dated September 22, 1971, the Federal 41°05'38'' N., longitude 83°12'45" W.); ing inspections required by this A.D. and Aviation Administration published a no­ within 3 miles each side of the 053° bearing also the total time in service of the com­ tice of proposed rule making which would from the Seneca .County Airport extending ponent at the time the crack was discovered. amend § 71.171 of Part 71 of the Federal from -the 7-mile-radius area to 8.5 miles (Report approved by the Bureau of the Aviation Regulations so as to alter the northeast of the airport. Budget under BOB No. 04-RO174.) control zone at Columbus (Ohio State [FR Doc.71-17794 Filed 12-6-71;8:46 am] This amendment becomes effective University Airport), Ohio. January 10,1972. Interested persons were given 45 days [Airspace Docket No. 71-CE-103] (Secs. 313(a), 601, 603, Federal Aviation Act to submit written comments, suggestions, of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. or objections regarding the proposed PART 71— DESIGNATION OF FEDERAL 6(c), Department of Transportation Act, 49 amendment. AIRWAYS, AREA LOW ROUTES, U.S.C. 1655(c)) No objections have been received and thè proposed amendment is hereby CONTROLLED AIRSPACE, AND RE­ Issued in Port Worth, Tex., on Novem­ PORTING POINTS ber 24, 1971. adopted without change and is set forth below. Alteration of Transition Area R. V. R eynolds, This amendment shall be effective Acting Director, Southwest Region. 0901 Gm.t., February 3, 1972. On page 19125 of the F ederal R egis­ ter dated September 29, 1971, the Fed­ [FR Doc.71-17799 Filed 12-6-71;8:46 am] (Sec. 307(a), Federal Aviation Act of 1958, -49 U.S.C. 1348; sec. 6 (c), Department of eral Aviation Administration published [Airspace Docket No. 71-SO-158] Transportation Act, 49 U.S.C. 1655(c)) a notice of proposed rule making which Issued in Kansas City, Mo., on Novem­ would amend § 71.181 of Part 71 of the PART 71—-DESIGNATION OF FEDERAL Federal Aviation Regulations so as to AIRWAYS, AREA LOW ROUTES, ber 18, 1971. J ohn M. Cyrocki, alter the transition area at Hunting- CONTROLLED AIRSPACE, AND RE­ Director, Central Region. burg, Ind. PORTING POINTS In § 71-171 (36 F.R. 2055) , the follow­ Interested persons were given 45 days Alteration of Transition Area ing control zone is amended to read: to submit written comments, suggestions, On October 15, 1971, a notice of pro­ C olum bus, Oh io (O h io S tate U niversity or objections regarding the proposed posed rule making was published in the Airport) amendment. Federal R egister (36 P.R. 20049), stating Within a 5-mile radius of the Ohio State No objections have been received and University Airport (latitude 40°04’40" N., that the Federal Aviation Administration longitude 83°04'30" W.); within 3 miles tl.o proposed amendment is hereby was considering an amendment to Part each side of the 273° and 090° bearings from adopted without change and is set forth 71 of the Federal Aviation Regulations the airport extending from the 5-mile-radius below. that would alter the Memphis, Tenn. zone to the 8.5 miles west and east of the airport excluding that portion within the This amendment shall be effective 0901 (NAS), transition area. Columbus, Ohio, control zone. This control G.m.t., February 3,1972. Interested persons were afforded an zone shall be effective from 0700 to 2300 (Sec. 307(a), Federal Aviation Act of 1958, opportunity to participate in the rule hours, local time, daily. 49 U.S.C. 1348; sec. 6 (c), Department of making through the submission of com­ [FR Doc.71-17793 Filed 12-6-71;8:46 am] Transportation Act, 49 U.S.C. 1655(c))

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 197 23202 RULES AND REGULATIONS Issued in Kansas City, Mo., on No­ areas for a test period of 6 months. The vember 18,1971. test period expires on February 19, 1972. Title 21— FOOD AND DRUGS J ohn M. Cyrocki, The Department of the Air Force has concurred in the extension of the time of Chapter I— Food and Drug Adminis­ Director, Central Region. designation to May 23,1972. tration, Department of Health, Ed­ In § 71.181 (36 F.R. 2140), the follow­ Since these amendments will relieve a ucation, and Welfare ing transition area is amended to read: burden on the public by extending joint- SUBCHAPTER B— FOOD AND FOOD PRODUCTS H untingburg, I nd. use of the areas for an additional period of time, notice and public procedure PART 17— BAKERY PRODUCTS That airspace extending upward from 700 hereon are unnecessary and may be feet above the surface within a 6-mile radius made effective upon publication in the Bread and Rolls, or Buns, Standard of of Huntingburg Airport (latitude 38*15'00" Identity: Confirmation of Effective N., longitude 86°57'00" W.) ; and within 3 F ederal R egister. miles either side of an 072 s bearing from the In consideration of the foregoing, Date Huntingburg Airport extending from the Part 71 of the Federal Aviation Regula­ In the matter of amending the 6-mile radius to 8 miles ENE of the airport. tions is amended, effective upon publica­ identity standard for bread (21 CFR [FR Doc.71-17795 Filed 12-6-71;8:46 am] tion in the F ederal R egister (12-7-71), 17.1) by listing sodium stearoyl-2- as hereinafter set forth. lactylate as an optional ingredient: Section 73.51 (36 F.R. 2349, 11905) is [Airspace Docket No. 71-CE-99] Pursuant to the provisions of the amended as follows: Federal Food, Drug, and Cosmetic Act PART 71—-DESIGNATION OF FEDERAL a. In R-5107F, White Sands Proving (sections 401; 701, 52 Stat. 1046, 1055-56, Grounds, N. Mex., the Time of designa­ as amended by 70 Stat. 919, 72 Stat. 948; AIRWAYS, AREA LOW ROUTES, tion is altered by deleting “February 19, CONTROLLED AIRSPACE, AND RE­ 21 U.S.C. 341, 371) and under authority 1972” and substituting “May 23, 1972” delegated to the Commissioner of Food PORTING POINTS therefor. and Drugs (21 CFR 2.120), notice is b. In R-5107G, White Sands Proving Designation of Transition Area Grounds, N. Mex., the Time of designa­ given that no objections were filed in On pages 18801 and 18802 of the F ed­ tion is altered by deleting “February 19, response to the order on the above- eral R egister dated September 22, 1971, 1972” and substituting “May 23, 1972” identified amendment published in the the Federal Aviation Administration pub­ therefor. F ederal R egister of August 28, 1971 (36 lished a notice of proposed rule making (Sec. 307(a), Federal Aviation Act of 1958, F.R. 17332). Accordingly, the amend­ which would amend § 71.181 of Fart 71 49 U.S.C. 1348(a); sec. 6 (c), Department of ment promulgated by the order became of the Federal Aviation Regulations so as Transportation Act, (49 U.S.C. 1655(c)) to designate a transition area at Crystal effective October 27,1971. Issued in Washington, D.C., on Novem­ Dated: November 26,1971. Lake, HI. ber 29, 1971. Interested persons were given 45 days H. B. H elstrom, R. E. Duggan, to submit written comments, suggestions, Chief, Airspace and Air Acting Associate Commissioner or objections regarding the proposed Traffic Rules Division. for Compliance. amendment. [FR Doc.71-17842 Filed 12-6-71;8:49 am] No objections have been received and [FR Doc. 71-17790 Filed 12-6-71;8:45 am] the proposed amendment is hereby adopted without change and is set forth [Airspace Docket No. 71-RM-13] PART 121— FOOD ADDITIVES below. This amendment shall be effective 0901 PART 75— ESTABLISHMENT OF JET Subpart F— Food Additives Resulting G.m.t., February 3,1972. ROUTES AND AREA HIGH ROUTES From Contact With Containers or (Sec. 307(a), Federal Aviation Act of 1958, Alteration of Jet Route Segment Equipment and Food Additives 49 U.S.C. 1348; sec. 6 (c), Department of Otherwise Affecting Food Transportation Act, 49 U.S.C. 1655(c)) On August 24, 1971, a Notice of Pro­ posed Rule Making was published in the Issued in Kansas City, Mo., on Novem­ Components op Paper and Paperboard in F ederal R egister (36 F.R. 16592) stat­ Contact w ith Aqueous and F atty F oods ber 18,1971. ing that the Federal Aviation Adminis­ J ohn M. Cyrocki, tration was considering an amendment The Commissioner of Food and Drugs, Director, Central Region. to Part 75 of the Federal Aviation Regu­ having evaluated the data in petitions In § 71.181 (36 F.R. 2140), the follow­ lations that would realign Jet Route No. (FAP 0B2525 and FAP 0B2526) filed by ing transition area is added: 84' segment between Mina, Nev., and Calgon Corp., Box 1346, Pittsburgh, Pa. Delta, Utah. Crystal L ake, III. 15230, and other relevant material, con­ Interested persons were afforded an cludes that the food additive regulations That airspace extending upward from 700 opportunity to participate in the pro­ feet above the surface, within a 4.5-mile posed rule making through the submis­ should be amended to provide for the safe radius of the Crystal Lake Airport (lattitude use of diallyldiethylammonium chloride 42°12'12" N., longitude 88°19'27'' W.); ex­ sion of comments. All comments received cluding the portion within the Chicago, 111., were favorable. polymer with acrylamide and diallyldi- transition area. In consideration of the foregoing, Part methylammonium chloride; and par­ [FR Doc.71-17796 Filed 12-6-71;8:46 am] 75 of the Federal Aviation Regulations tially hydrolyzed diallyldiethylammo­ is amended effective 0901 G.m.t., Febru­ nium chloride polymer with acrylamide ary 3, 1972, as hereinafter set forth. and diallyldimethylammonium chloride, [Airspace Docket No. 71-SW-62] In § 75.100 (36 F.R. 2371) Jet Route as retention aids in the manufacture of PART 73— SPECIAL USE AIRSPACE No. 84 text is amended by deleting “Current, Nev.;”. paper and paperboard in contact with Alteration of Restricted Area (Sec. 307(a), Federal Aviation Act of 1958, 49 aqueous and fatty foods. The purpose of these amendments is U.S.G. 1348(a); sec. 6 (c), Department of Therefore, pursuant to provisions of to extend the time of designation of the Transportation Act, 49 U.S.C. 1655 (c)) the Federal Food, Drug, and Cosmetic White Sands Proving Grounds, N. Mex„ Issued in Washington, D.C., on Novem­ Act (sec. 409(c)(1), 72 Stat. 1786; 21 R-5107F and the White Sands Proving ber 29,1971. U.S.C. 348(c) (1)) and under authority Grounds, N. Mex., R-5107G as joint-use H. B. H elstrom, delegated to the Commissioner (21 CFR airspace restricted areas. Chief, Airspace and Air 2.120), § 121.2526(a)(5) is amended by The restricted areas were changed Traffic Rules Division. alphabetically inserting in the list of sub­ from sole-use to joint-use restricted [FR Doc.71-17791 Filed 12-6-71;8:46 am] stances two new items, as follows:

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 RULES AND REGULATIONS 23203

§ 121.2526 Components of paper and paperboard in contact with aqueous and SUBCHAPTER C— DRUGS fatty foods. • * * • * • • PART 135c— NEW ANIMAL DRUGS (a) * * * IN ORAL DOSAGE FORMS (5) * * * PART 135g— TOLERANCES FOR RES­ List of substances Limitations IDUES OF NEW ANIMAL DRUGS IN • * * mm* FOOD Diallyldiethylammonium Chloride polymer For use only as a retention aid employed with acrylamide and diallyldimethylam- prior to the sheet-forming operation in Levamísole Hydrochloride monium chloride, produced by copolymer­ the manufacture of paper and paperboard izing acrylamide, diallyldiethylammonium and limited to use at a level not to exceed The Commissioner of Food and Drugs chloride and diallyldimethylammonium 0.05 percent by weight of the finished paper has evaluated a new animal drug appli­ chloride in a weight ratio of 50-2.5-47.5 and paperboard. cation (45-513V) filed by American respectively, so that the finished resin in Cyanamid Co., Agricultural Division, a 1 percent by weight aqueous solution has Post Office Box 400, Princeton, N.J. a viscosity of 22-25 centipoises at 22° C. as 08540, proposing the safe and effective determined by LVF-series Brookfield vis­ use of levamisole hydrochloride as an cometer using a No. 1 spindle at 60 r.p.m. anthelmintic in the drinking water of (or by other equivalent method). swine. The application is approved. Diallyldiethylammonium chloride polymer For use only as a retention aid employed In addition, an editorial change is with acrylamide and diallyldimethylam­ prior to the sheet-forming operation in monium chloride, partially hydrolyzed. the manufacture of paper and paperboard made to incorporate the code number The polymer is produced by copolymeriz­ and limited to use at a level not to exceed assigned to the sponsor in § 135.501 (21 ing acrylamide, diallyldiethylammonium 0.05 percent by weight of the finished paper CFR 135.501) chloride and diallyldimethylammonium and paperboard. Having considered the submitted data chloride in a weight ratio of 50-2.4-47.5 and other relevant material, the Com­ respectively, with 4.4 percent of the amide missioner concludes that a tolerance groups subsequently hydrolyzed to potas­ limitation for residues of levamisole sium carboxylate groups, so that the fin­ ished resin in a 1 percent by weight aque­ hydrochloride in edible tissues of swine ous solution has a viscosity of 22-25 centi­ treated with the drug is required in order poises at 22° C., as determined by a to insure that such tissues are safe for LVF-series Brookfield viscometer using a human consumption. No. 1 spindle at 60 r.p.m. (or by other equivalent method ). Therefore, pursuant to provisions of * * * * * * the Federal Food, Drug, and Cosmetic Act (sec. 512(i), 82 Stat. 347; 21 Ü.S.C. Any person who will be adversely af­ granted if the objections are supported 360b (i)) and under authority delegated fected by the foregoing order may at by grounds legally sufficient to justify to the Commissioner (21 CFR 2.120), any time within 30 days after its date the relief sought. Objections may be Parts 135c and 135g are amended as of publication in the F ederal R egister accompanied by a memorandum or brief file with the Hearing Clerk, Department in support thereof. Received objections follows: of Health, Education, and Welfare, Room may be seen in the above office during 1. Section 135C.18 is amended by revis­ 6-88, 5600 Fishers Lane, Rockville, Md. working hours, Monday through Friday. ing paragraph (c) and by adding a new 20852, written objections thereto in quin­ Effective date. This order shall become item 5 to the table in paragraph (f) as tuplicate. Objections will show wherein follows: the person filing will be adversely af­ effective on its date of publication in the fected by the order and specify with par­ F ederal R egister (12-7-71). § 135c.18 Levamisole hydrochloride. ticularity the provisions of the order Dated: November 26,1971. * m m m m deemed objectionable and the grounds R. E. Duggan, (c) Sponsor. See code No. 004 in for the objections. If a hearing is re­ Acting Associate Commissioner § 135.501(c) of this chapter. quested, the objections must state the is­ for Compliance. * * * * * sues for the hearing. A hearing will be [FR Doc.71-17844 Filed 12-6-71;8:50 am] (f) * * *

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, T971 23204 RULES AND REGULATIONS

Am ount Limitations Indications for use

• * * * * • * * * * * * 5. Levamisole 18.15 grams For swine, dissolve in water to provide 500 cubic Anthelmintic effective hydrochlo­ per bottle. centimeters of concentrate solution, add 10 against the following ride. cubic centimeters (2 teaspoons) of this concen­ nematode infections: trate solution to each gallon of drinking water; Large roundworms allow one gallon of medicated water for each 100 (Ascaris mum), nodular pounds of body weight of pigs to be treated; worms (Oesophagostomum before treating withhold water from pigs over­ spp.), and lungworms night; no other source of water should be of­ (Metastrongylus spp.). fered; pigs maintained under conditions of constant exposure to worms may require re- treatment within 4 to 5 weeks after the first treatment; do not administer within 72 hours of slaughter for food.

2. Section 135g.63 is revised to read 507, 59 Stat. 463, as amended; 21 U.S.C. as follows: 357) and under authority delegated to § 135g.63 Levamisole hydrochloride. the Commissioner of Food and Drugs A tolerance of 0.1 part per million is (21 CFR 2.120), Parts 141, 145, 146, and established for negligible residues of 147 are amended and a new Part 150g levamisole hydrochloride in the edible is established as follows to provide for tissues of cattle, sheep, and swine. certification of the antibiotic minocy­ Effective date. This order shall be ef­ cline hydrochloride. fective upon publication in the F e d e r a l R e g is t e r (12-7-71). pa r t 141— tests a n d m et h o d s o f (Sec. 512(1), 82 Stat. 347; 21 U.S.C. 360b(i) ) ASSAY OF ANTIBIOTIC AND ANTI­ Dated: November 19,1971. BIOTIC-CONTAINING DRUGS C. D. V a n H o t t w e l in g , Director, 1. Part 141 is amended: Bureau of Veterinary Medicine. a. In § 141.5(b) by alphabetically in­ [PR Doc.71-17774 Filed 12-6-7l;8:45 am] serting a new item in the table, as follows: MINOCYCLINE HYDROCHLORIDE Miscellaneous Amendments § 141.5 Safely test. Pursuant to provisions of the Fed­ ♦ * * * * eral Food, Drug and Cosmetic Act (sec. (b) * * *

Test Dose D iluent ------Route of (diluent Concentration in Volume in administration Antibiotic drug number as units or milligrams milliliters to as described in listed in of activity be adminis- paragraph (c) § 141.3) per milliliter tered to each of this section mouse

* * * * * * • * * Minocycline hydrochloride..;.. 3 2 m g___ _ .5 Do. * * * • * * * * * • * • * * * ♦ * * * ♦ * * b. In § 141.111 (a) and (b) by alphabetically inserting a new item in the respective tables, as follows: § 141.111 Microbiological turbidimetric assay. * * * * * * * (a) * * *

Working standard stock solutions Standard response line concentrations Drying conditions Diluent (solution Diluent (solu­ Final concentrations— Antibiotic (method number Initial solvent number as listed Final concen­ Storage time tion num ber units or micrograms as listed in in $ 141.102(a)) tration under refrigeration as listed in of antibiotic activity § 141.501) § 141.102(a)) per milliliter

* • • * • * • * * * • * * * * • * * • * * # * * .. 0.12VHC1__ — . 1 m g .. 2 days...... 2 0.070, 0.084, 0.100, 0.120, 0.143 Mg. • • • * * * • * * * * * • * • •'* * * ♦ « * * *

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 RULES AND REGULATIONS 23205

(b) • • * moisture, pH, minocycline content, iden­ tity, and crystallinity. Suggested (b) Hie batch for potency, sterility, volume of moisture, and pH. standardized Medium inoculum to (ii) Samples required: Antibiotic Test (nutrient be added to Incubation (a) The minocycline hydrochloride organism broth) each 100 tempera­ milliliters ture used in making the batch: 10 packages, of medium each containing approximately 500 (nutrient milligrams. broth) (b) The batch: (.1) For all tests except sterility: A Milliliters Degrees C. • • • * * * * * * * * * ♦ * * minimum of 20 immediate containers. Minocycline.. ... 0.2 37 (2) For sterility testing: 20 immedi­ • * * * * * * * * * * * ate containers, collected at regular in­ tervals throughout each filling operation. § 147.20 M inocycline hydrochloride (b) Tests and methods of assay—(1) powder for microbial susceptibility Potency. Proceed as directed in ,§ 141.- PART 145— ANTIBIOTIC DRUGS; DEF­ testing. 111 of this chapter, preparing the sam­ INITIONS AND INTERPRETATIVE (a) Requirements for certification— ple for assay as follows: Reconstitute as REGULATIONS (1) Standards of identity, strength, directed in the labeling. Dilute an ali­ quality, and purity. Minocycline hydro­ quot with O.lAf potassium phosphate 2. Part 145 is amended: chloride powder for microbial suscep­ buffer, pH 4.5 (solution 4), to the refer­ a. In § 145.3 by adding a new sub- tibility testing is minocycline hydrochlo­ ence concentration of 0.100 microgram paragraph to paragraph (a) and another ride with or without one or more suit­ of minocycline per milliliter (esti­ to paragraph (b), as follows : able buffers and diluents, packaged in mated) . § 145.3 Definitions of master and work­ vials and intended for use in clinical lab­ (2) Sterility. Proceed as directed in ing standards. oratories for determining in vitro the sus­ § 141.2 of this chapter, using the method ceptibility of micro-organisms to mino­ described in paragraph (e) (1) of that (a) * * * cycline. Each vial contains minocycline section. (46) Minocycline. The term "mino­ hydrochloride equivalent to 20 milligrams (3) Moisture. Proceed as directed in cycline master standard” means a spe­ of minocycline. The potency of each .§ 141.502 of this chapter. cific lot of minocycline designated by immediate container is satisfactory if it (4) pH. Proceed as directed in § 141.503 the Coimrfissioner as the standard of contains not less than 90 percent and not of this chapter, using the drug reconsti­ comparison in determining the potency more than 115 percent of its labeled tuted as directed in the labeling. of the minocycline working standard. content. It is sterile. Its moisture con­ (b) * * * tent is not more than 5.0 percent. When (46) Minocycline. The term “minocy­ reconstituted as directed in the labeling, PART 150g— MINOCYCLINE cline working standard” means a spe­ its pH is not less than 2.0 and not more HYDROCHLORIDE cific lot of a homogeneous preparation of than 4.0. The minocycline hydrochloride minocycline. used conforms to the standards pre­ 5. A new Part 150g is established con­ scribed by § 150g.l(a)(l) (i), (iii), (iv), sisting at this time of two sections, as b. In § 145.4(b) by adding a new sub- (v) , (vi), and (vii) of this chapter. follows: paragraph, as follows : (2) Packaging. The immediate con­ Sec. § 145.4 Definitions of the terms “unit” tainer shall be of colorless, transparent 150g.l Minocycline hydrochloride. and “microgram” as applied to anti­ glass, and it shall be a tight container 150g.ll Minocycline hydrochloride cap­ biotic substances. as defined by the U.S.P. It shall be so sules. ***** sealed that the contents cannot be used Au t h o r it y : The provisions of this Part (b) * * * without destroying such seal. It shall 150g issued under sec. 507, 59 Stat. 463, as amended; 21 U.S.C. 357. (49) Minocycline. The term "micro­ be of appropriate size to permit the gram” applied to minocycline means the addition of 20 milliliters of sterile diluent § 150g.l Minocycline hydrochloride. minocycline activity (potency) con­ when preparing a stock solution for use (a) Requirements for certification— tained in 1.1588 micrograms of the mino­ in making further dilutions for micro­ (1) Standards of identity, strength, cycline master standard. bial susceptibility testing. quality, and purity. Minocycline hydro­ (3) Labeling. In addition to the re­ chloride is the hydrochloride salt of 7- PART 146— ANTIBIOTIC DRUGS; PRO­ quirements of § 148.3(a) (3) of this chap­ ter, each package shall bear on its label dimethylamino - 6-deoxy-6-demethyltet- CEDURAL AND INTERPRETATIVE or labeling, as hereinafter indicated, the racycline. It is so purified and dried REGULATIONS following: that: (i) On its outside wrapper or container (1) Its potency is not less than 785 3. Part 146 is amended in § 146.8(b) (1) micrograms per milligram on an “as is” by alphabetically inserting a new item in and on the immediate container: basis. the fee schedule list, as follows : (a) The statement “For laboratory use only.” (ii) It passes the safety test. § 146.8 Fees. (b) The statement “Sterile.” (iii) Its moisture content is not less ***** (c) The batch mark. than 4.3 percent and not more than 8.0 (b) * * * (d) The number of milligrams of percent. (1) * * * minocycline in each immediate con­ (iv) Its pH in an aqueous solution Chargeable fee tainer. containing 10 milligrams of minocy­ Test per test * * * * * * (ii) On the circular or other labeling cline per milliliter is not less than 3.5 Minocycline content______72 within or attached to the package, ade­ and not more than 4.5. * * * * * * quate information for use of the drug in (v) It contains not less than 78.5 per­ * * * * • the clinical laboratory. cent and not more than 88.5 percent (4) Requests for certification; samples. minocycline on an “as is” basis. PART 147— ANTIBIOTICS INTENDED In addition to complying with the re­ (vi) It gives a positive identity test quirements of § 146.2 of this chapter, for minocycline hydrochloride. FOR USE IN LABORATORY DIAG­ each such request shall contain: NOSIS OF DISEASE (vii) It is crystalline. (i) Results of tests and assays on: (2) Labeling. It shall be labeled In 4. Part 147 is amended by adding a (a) The minocycline hydrochlorideaccordance with the requirements of new section, as follows: used in making the batch for potency, 1 148.3 of this chapter.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23206 RULES AND REGULATIONS (3) Requests for certification; sam­column. Firmly pack the column with 8 continue collecting the fourth eluate ples. In addition to complying with the grams ±0.1 gram of column support in until no more solvent drips from the requirements of ,§ 146.2 of this chapter, three increments. Between increments, column. each such request shall contain: tape the column lightly on the bench top. (v) Determination of minocycline con­ (1) Results of tests and assays on the Press each portion evenly and firmly with tent. Transfer the 8 milliliters of third batch for potency, safety, moisture, a glass tamping rod. Each portion should eluate contained in the 10-milliliter pH, minocycline content, identity, and be flat across the entire surface with no graduate to the 50-milliliter volumetric crystallinity. feathery edges creeping up the column flask containing the second eluate, and (ii) Samples required: 10 packages, walls. mix. Add 2 milliliters of absolute ethyl each containing approximately 300 (iii) Sample preparation. Weigh ac­ alcohol followed by 2 milliliters of acid- milligrams. curately a portion of sample equivalent alcohol reagent, dilute to mark with (b) Tests and methods of assay—(1) to 20 milligrams of minocycline, transfer chloroform and mix. Using a suitable Potency. Proceed as directed in § 141.111 to a 25-milliliter volumetric flask using spectrophotometer, 1.0 centimeter cells, of this chapter, preparing the sample for 4 milliliters of water, and swirl to dis­ and Ghloroform as the reference solvent, assay as follows: Dissolve an accurately solve. Dilute to mark with Reagent A and determine the absorbance of this solution weighed sample in sufficient 0.17V hydro­ shake well to insure complete solution. at 358 nanometers within 10 minutes chloric acid to give a stock solution of Pipet 1.0 milliliter of the sample solution after preparation of the solution. convenient concentration containing not into a 50-milliliter beaker containing 2 (vi) Determination of minocycline re­ less than 150 micrograms of minocycline grams of acid-washed diatomaceous lated compounds content. To the last 25- per milliliter (estimated). Further dilute earth and stir well. Transfer the sample- milliliter glass-stoppered graduate, add the stock solution with 0.1M potassium diatomaceous earth mixture to the col­ 2 milliliters of acid-alcohol reagent, phosphate buffer, pH 4.5 (solution 4), to umn as completely as possible and tamp dilute to 25 milliliters with chloroform, the reference concentration of 0.100 mi­ firmly. To rinse the 50-milliliter sample and mix. Using a suitable spectro­ crogram of minocycline per milliliter beaker, add 0.5 gram of column support photometer, 1.0 centimeter cells, and (estimated). and transfer to the top of the column chloroform as the reference solvent, de­ (2) Safety. Proceed as directed in and tamp firmly. termine the absorbance of this solution § 141.5 of this chapter. (iv) Column elution. Place the column" at 358 nanometers within 10 minutes (3) Moisture. Proceed as directed in in a suitable support and place a 25- after preparation of the solution. § 141.502 of this chapter. milliliter graduate under the column. (vii) Preparation of standard. Weigh Add 25 milliliters of 15 percent chloro­ accurately an amount of minocycline (4) pH. Proceed as directed in § 141.- form in cyclohexane to the column. When hydrochloride working standard equiva­ 503 of this chapter, using an aqueous so­ the level of this solvent reaches the lent to 20 milligrams of minocycline, lution containing 10 milligrams of mino­ charge at the top of the column, add 50 transfer to a 100-milliliter volumetric cycline per milliliter. milliliters of 30 percent chloroform in flask, and dissolve by adding 5 milliliters (5) Minocycline content—(i) Appara­ cyclohexane. Collect 22 milliliters of the of methyl alcohol. Dilute to mark with tus and reagents, (a) Glass chromato­ first eluate in the 25-milliliter graduate chloroform and mix. Pipet 4 milliliters graphic column (1.3 centimeters ID x 35 and discard. Replace the 25-milliliter into a 50-milliliter volumetric flask, add centimeters long). graduate with a 50-milliliter volumetric 40 milliliters of 30 percent chloroform in (b) Diatomaceous earth, acid-washed flask. Collect the second eluate in this cyclohexane, and swirl to mix. Add 2 (Celite 545 or equivalent). Slurry 200 50-milliliter volumetric flask until the milliliters of absolute ethyl alcohol fol­ grams of diatomaceous earth with 750 level of the solvent reaches the charge. lowed by 2 milliliters of acid-alcohol milliliters of 67V hydrochloric acid, for 10 Replace the 50-milliliter volumetric flask reagent, dilute to mark with chloroform, to 15 minutes in a glass vessel. Filter and with a 10-milliliter graduate and add 30 and mix. Using a suitable spectrophotom­ wash the diatomaceous earth with water milliliters of chloroform to the column. eter, 1.0 centimeter cells, and chloroform until the pH is neutral. Slurry the neu­ When the volume of the third eluate in as the reference solvent, determine the tral diatomaceous earth in 500 milliliters the graduate reaches 8 milliliters, replace absorbance of this solution at 358 of methyl alcoholethyl acetate mixture the 10-milliliter graduate with a 25- nanometers within 10 minutes after (1:1 by volume) for 10 to 15 minutes. Fil­ preparation of the solution. ter and vacuum dry the' diatomaceous milliliter glass-stoppered graduate and earth at 60° C. (c) EDTA solution: O.IM ethylenedia- (viii) Calculations for minocycline content. minetetraacetic acid disodium salt ad­ At X W. X potency of the standard in micrograms of minocyline justed to pH 6.0 with ammonium hydrox­ per m illig ram Percent minocycline “as is”= ------— “ ~~ 1 ~ ’’ ide. A.XW.X 10 (d) 20 percent polyethylene glycol 400 where i in glycerine: To 80 milliliters of glyc­ Aa=Absorbance of the combined second and third eluates of the sample. erin, add sufficient polyethylene glycol A»—Absorbance of the standard. 400 to make a volume of 100 milliliters. Wo= Weight in milligrams of sample. (e) Reagent.A (5 percent polyethylene W«=Weight in milligrams of the standard. glycol 400—glycerine mixture in EDTA A t X W» X potency of the standard in micrograms solution): To 95 milliliters of EDTA so­ of minocycline per milligram lution, add sufficient 20 percent polyeth­ Percent minocycline related compounds= ------’ ’ ylene glycol 400 in glycerine to make a -A.XW.X20 volume of 100 milliliters, and shake well. dr=Absorbance of the fourth eluate of the sample (minocycline related compounds). (/) Acid-alcohol reagent: Transfer 2 milliliters of hydrochloric acid to a 100- (ix) Column recovery— id) Procedure. Weigh accurately about 20 milligrams of milliliter volumetric flask, dilute to mark sample and proceed as directed in subdivision (vii) of this subparagraph. with absolute ethyl alcohol, and mix. (b) Calculations. a. x W. x potency of the standard in micrograms of minocycline (g) Column support: Place 200 grams minocycline per milligram of acid-washed diatomaceohs earth into Percent total minocycline of sample= ------—------:------a 2-liter wide-mouth bottle with a screw At X WaX 10 top and add 100 milliliters of Reagent A. where: Seal the bottle and shake vigorously. Roll Ad= Absorbance by direct measurement of unchromatographed sample solution. for 2 hours on a rolling mill until the dia­ Wo= Weight of sample for direct absorbance measurement. tomaceous earth is uniformly moistened. percent minocycline of sample+ percent minocycline related (ii) Column preparation. Place a small compounds of sample X100 circle of filter paper (Whatman No. 541 Percent column recovery =- or equivalent, about 1.2 centimeters in nercent total minocvdines of sample diameter) as a plug in the bottom of the FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 RULES AND REGULATIONS 23207

To be a valid assay, the percent column requisite to providing for its certification Signed at Washington, D.C., this 2d recovery should be 100 ±2 percent. have been complied with and since not day of December 1971. (6) Identity. Proceed as directed in delaying in so providing is in the public G. C. Guenther, § 141.521 of this chapter, using a 0.5 interest, notice and public procedure anl Assistant Secretary of Labor. percent potassium bromide disc prepared delayed effective date are not prerequi­ as described in paragraph (b) (1) of that sites to this promulgation. [FR Doc.71-17835 Filed 12-6-71;8:47 am] section. Effective date. This order shall be ef­ (7) Crystallinity. Proceed as directed fective upon publication in the F ederal Chapter XVII— Occupational Safety in § 141.504(a) of this chapter. R egister (12-7-71). and Health Administration, De­ § 150g.ll M inocycline hydrochloride (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. partment of Labor capsules. 357) PART 1910— OCCUPATIONAL SAFETY (a) Requirements for certification— Dated: November 21, 1971. AND HEALTH STANDARDS (1) Standards of identity, strength, quality, and purity. Minocycline hydro­ H. E. Simmons, Emergency Standard for Exposure to chloride capsules are composed of mino­ Director, Bureau of Drugs. Asbestos Dust cycline hydrochloride and one or more [FRDoc.71-17773 Filed 12-6-71;8:45 am] suitable and harmless lubricants and dil­ Pursuant to section 6(c) of the Wil- uents enclosed in a gelatin capsule. Each iiams-Steiger Occupational Safety and capsule contains minocycline hydro­ Health Act of 1970 (84 Stat. 1596, 29 chloride equivalent to 100 milligrams of Title 29— LABOR U.S.C. 655), Part 1910 of Title 29, Code minocycline. Its potency is satisfactory of Federal Regulations (36 F.R. 10466, Chapter XIII— Bureau of Labor May 29, 1971) is hereby amended in the if it is not less than 90 percent and not manner indicated below in order to pro­ more than 115 percent of the number of Standards, Department of Labor milligrams of minocycline that it is rep­ vide an emergency standard dealing with resented to contain. Its moisture content PART 1518— SAFETY AND HEALTH the exposure of employees to asbestos is not more than 12 percent. The mino­ REGULATIONS FOR CONSTRUCTION dust. cycline hydrochloride used conforms to In light of increasing information on the standards prescribed by § 150g.l(a) Standard for Exposure to Asbestos the results of exposure of employees to Dust airborne asbestos dust, including recent (1). studies by the National Institute for Oc­ (2) Labeling. It shall be labeled in ac­ Pursuant to section 4(b) (2) of the cupational Safety and Health and others, cordance with the requirements of § 148.3 Williams-Steiger Occupational Safety and recommendations by the American of this chapter. and Health Act of 1970 (84 Stat. 1592, Conference of Governmental Industrial (3) Requests for certification; sam­ 29 U.S.C. 653), § 1518.55 of Title 29, Code Hygienists (ACGIH), it is hereby deter­ ples. In addition to complying with the of Federal Regulations, is hereby mined that (1) exposure under the pres­ requirements of § 146.2 of this chapter, amended in the manner indicated be­ ent standard for asbestos dust in Table each such request shall contain: low in order to prescribe a new stand­ G-3, § 1910.93, of 12 fibers per milliliter (1) Results of tests and assays on: ard limiting the exposure of workers to greater than 5 microns in length or 2 (a) The -minocycline hydrochloride asbestos dust. The new standard limit­ million particles per cubic foot of air, used in making the batch for potency, ing the exposure of employees to asbes­ which is derived from an established Fed­ safety, moisture, pH, minocycline con­ tos dust is that adopted under section eral standard promulgated under the tent, identity, and crystallinity. 6(c) of the Williams-Steiger Occupa­ Walsh-Healey Public Contracts Act on (b) The batch for potency and tional Safety and Health Act of 1970 May 20, 1969, constitutes a grave danger moisture. and published in the F ederal R egister to employees exposed to this 8-hour (ii) Samples required: on this date. The standard is hereby de­ time-weighted average concentration; (a) The minocycline hydrochloride termined to be more effective than that and that (2) an emergency standard is used in making the batch: 10 packages, presently provided under § 1518.55 to necessary to protect employees from this each containing approximately 300 the extent that it prescribes minimum excessive exposure. The National Insti­ milligrams. levels of exposure to asbestos dust. tute for Occupational Safety and Health (b) The batch: A minimum of 30 Therefore, by operation of section 4(b) concurs that the proposed change in the capsules. (2) of the Act the new standard issued asbestos dust standard recommended by under section 6(c) supersedes the con­ (b) Tests and methods of assay—(1) the American Conference of Governmen­ struction safety standard relating to ex­ tal Industrial Hygienists should be the Potency. Proceed as directed in § 141.111 posure to asbestos dust. of this chapter, preparing the sample substantial base for the emergency for assay as follows: Place a representa­ Section 1518.55 is hereby amended by standard. tive number of capsules into a high-speed adding a new paragraph (c) thereto. As Action concerning the standard will be glass blender jar with sufficient 0.1 N amended § 1518.55 reads as follows: commenced under section 6(b) in the hydrochloric acid to give a stock solution § 1518.55 Cases, vapors, fumes, dusts, immediate future. Any notice of pro­ of convenient concentration containing and mists. posed rulemaking under section 6(b) will not less than 150 micrograms of mino­ * ♦ * * * give notice of the emergency standard as a proposed rule and also of any ap­ cycline per milliliter (estimated). Blend (c) Paragraphs (a) and (b) of this sec­propriate subsidiary proposals which may for 3 to 5 minutes. Remove an aliquot tion do not apply to the exposure of em­ be required under subparagraphs (5) and and further dilute with O.liJf potassium ployees to airborne asbestos dust. When­ (7) of section 6(b) relating to the ex­ phosphate buffer, pH 4.5 (solution 4), to ever any employee is exposed to airborne the reference concentration of 0.100 posure of employees to toxic substances. microgram of minocycline per milliliter asbestos dust, the requirements of Part 1910 is amended as follows: (estimated). § 1910.93a of this title shall apply. 1. Table G-3 following § 1910.93 (36 FJR. 15104, Aug. 13, 1971) is hereby (2) Moisture. Proceed) as directed in Effective date. This amendment shall § 141.502 of this chapter. amended by deleting the following: become effective upon publication in the Asbestos—12 fibers per milliliter greater than Data supplied by the manufacturer F ederal R egister (12-7-71). 5 microns in length or______2 Mppcf. concerning the subject antibiotic have (Sec. 4(b)(2), 84 Stat. 1592, 29 U.S.C. 653; Tremolite______5 Mppcf. 20mg./M* been evaluated. Since the conditions pre­ Secretary’s Order No. 12*-71,36 F.R. 8754) % SiO,

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 No. 235- 23208 RULES AND REGULATIONS

As amended, Table G-3 reads as be used to meet the exposure limits pre­ comply with the requirements of these follows: scribed in paragraph (a) of this section. subparagraphs relating to the operations T able G-3—Minebal D usts Where such engineering methods are not involved. The requirements of this para­ feasible, or do not otherwise reduce the graph are in addition to those prescribed Substance Mppcf • Mg/M3 concentrations below those prescribed in in paragraph (b) of this section. paragraph (a) of this section, respira­ (2) All hand- or power-operated tools Silica: tory protective devices shall be provided which produce asbestos dust such as, but Crystalline: and used in accordance with paragraph not limited to, saws, scorers, abrasive Quartz (respirable). 250 f lOmg/M* » (c) of this section. wheels, and drills shall be provided with %SiOj+5 %S,0»+2 (c) (1) (i) When the limits of ex­local exhaust ventilation and dust col­ Quartz (total dust). 30mg/Ma posure to asbestos dust prescribed in lectors in accordance with the American %SjOj+ 2 paragraph (a) of this section are ex­ National Standard Fundamentals Gov­ Cristobalite: Use M the ceeded and when engineering controls value calculated from the erning the Design and Operation of Local count or mass formulae for required by paragraph (b) of this section Exhaust Systems; ANSI Z9.2—1971. quartz. are not feasible or do not otherwise re­ Tridymite: Use MS the value (3) Employees exposed to the spraying calculated from the for­ duce the concentration of asbestos dust of asbestos or the demolition of pipes, mulae for quartz. below those prescribed in paragraph (a) structures, or equipment covered or in­ Amorphous, including natural of this section, the employer shall re­ diatomaceous earth...... 20 80mg/M* sulated with asbestos shall be provided quire the use of respiratory protective de­ with respiratory protective devices in %SiO, vices. The selection of respiratory accordance with paragraph (c) (4) of Silicates (less than 1% crys­ protective devices shall be limited to this section. talline silica): those specified in the remaining sub- • Mica...... 20 (e) Asbestos cement, mortar, coatings, v Soapstone...^...... 20 paragraphs of this paragraph (c). Talc...... 20 (ii) The employer shall require that grout, and plaster shall be mixed in Portland cement•_...... 50 closed bags or other containers. Graphite (natural)______15 each employee test his respiratory pro­ Coal dust (respirable fraction tective device before each use in order (f) Asbestos waste and scrap shall be less than 6% SiOj)...... 2.4mg/M» to insure a proper fit according to the collected and disposed of in sealed bags or For more than 5% SiOj...... 10mg/M3 manufacturer’s instructions. The em­ or other containers. ployer shall further provide for effective (g) All cleanup of asbestos dust and %SiOa+2 Inert or Nuisance Dust: training or supervision of employees in blowing shall be performed by vacuum Respirable fraction...... 15 6mg/M3 the testing of respiratory protective de­ cleaners. No dry sweeping shall be per­ Total d u st...... 50 15mg/Ma vices for fit before their use. formed. (2) For an atmosphere containing not 3. Section 1910.12 is amended by N ote: Conversion factors— more than 25 fibers per milliliter greater mppcfX35.3=million particles per cubic meter changing paragraph (a) in order to apply = particles per c.c. than 5 microns in length over an 8-hour the emergency standard prescribed in the average, or more than 50 fibers per milli­ • Millions of particles per cubic foot of air, based on new § 1910.93a, which is published in this impinger samples counted by light-field technics. liter over any period of 15 minutes, a document, to construction work which is 1 The percentage of crystalline silica in the formula reusable or single-use filter type respira­ is the amount determined from air-borne samples, ex­ subject to the Act. The amendment is cept in those instances in which other methods have been tor, operating with negative pressure necessary in light of the rule of regula­ shown to be applicable. during the inhalation phase of breathing, tory construction set forth in § 1910.5(c). i As determined by th"e membrane filter method at approved by the U.S. Bureau of Mines 430Xphase contrast magnification. As amended, § 1910.12 reads as follows: “ Both concentration and percent quartz for the appli­ under the provisions of 30 CFR Part 14 cation of this lim it are to be determined from the fraction (Bureau of Mines Schedule 21B), or a § 1910.12 Construction work. passing a size-selector w ith the following characteristics: valveless respirator providing equivalent (a) (1) Adoption and extension of es­ protection, shall be used. tablished safety and health standards (3) For an atmosphere containing not Aerodynamic diameter ■ Percent passing for construction. The standards pre­ (unit density sphere) selector more than 250 fibers per millilter greater scribed by Part 1518 of this title and in than 5 microns in length over an 8-hour effect on April 28, 1971, are adopted as 2 90 average, or more than 500 fibers per occupational safety or health standards 2.5 75 milliliter over any period of 15 minutes, Under section 6(a) of the Act and shall 3.6 50 5.0 25 a powered filter positive pressure res­ apply, according to the provisions 10 0 pirator approved by the U.S. Bureau of thereof, to every employment and place Mines under the provisions of 30 CFR of employment of every employee en­ The measurements under this note refer to the use of Part 14 (Bureau of Mines Schedule 21B) gaged in construction work. Each em­ an AEC instrument. If the respirable fraction of coal shall be used. dust is determined with a MRE the figure corresponding ployer shall protect the employment and to th at of 2.4 Mg/M3 in the table for coal dust is 4.5 Mg/M° (4) For an atmosphere containing places of employment of each of his more than 250 fibers per milliliter 2. A new § 1910.93a is added to Part employees engaged in construction work greater than 5 microns in length over by complying with the appropriate 1910. The new § 1910.93a reads as an 8-hour average a type C positive pres­ follows: standards prescribed by this paragraph. sure supplied-air respirator approved by (2) The standards prescribed in § 1910.93a Asbestos dust. the U.S. Bureau of Mines under the pro­ visions of 30 CFR Part 12 (Bureau of § 1518.55(c) of this title shall apply in (a) The 8-hour time-weighted aver­ Mines Schedule 19B) shall be used. the case of the exposure of any em­ age airborne concentration of asbestos ployee in construction work to airborne (5) The employer shall establish a asbestos dust. dust to which employees are exposed respirator program in accordance with shall not exceed 5 fibers per milliliter the requirements of American National ***** greater than 5 microns in length, as de­ Standard Practice for Respiratory Pro­ Effective date. These amendments termined by the membrance filter tection Z88.2—1969. shall become effective immediately upon method at 400-450 x magnification (4 (6) The respirators provided each em­ publication in the F édérai. R egister millimeter objective) phase contrast ployee shall be properly inspected, (12-7-71). illumination. Concentrations above 5 cleaned, repaired and stored. (Sec. 6 (c), 84 Sitat. 1596, 29 U.S.C. 655; Sec­ fibers per milliliter but, not to exceed 10 retary’s Order No. 12-71, 36 F.R. 8754) fibers' per milliliter, may be permitted (d) (1) When an employer has em­ up to a total of 15 minutes in an hour for ployees who are exposed to asbestos dust Signed at Washington, D.C., this 2d exceeding the limits prescribed in para­ day of December 1971. up to 5 hours in an 8-hour day. graph (a) of this section and the ex­ (b) Engineering methods, such as but posure results from the operations de­ G. C. G uenther, not limited to, enclosure, vacuum sweep­ scribed in the remaining subparagraphs Assistant Secretary of Labor. ing, and local exhaust ventilation, shall of this paragraph (d), the employer shall [FR Doc.71-17833 Filed 12-6-71;8:47 am]

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7- 1971 RULES AND REGULATIONS 23209 (3) Establish the same equipment and budgeting for the logistical support, Title 32— NATIONAL DEFENSE priorities for Selected Reserve hardware to include any repair or rebuild required units as for Active units having the same for equipment released to Reserve Forces Chapter I— Office of the Secretary of mobilization missions or deployment re­ as newer items are issued to the Active Defense quirements. Forces.) (4) Provide Selected Reserves with (5 ) When necessary for mobility train­ SUBCHAPTER B— PERSONNEL; MILITARY AND representative quantities of combat serv­ ing or to insure immediate access because CIVILIAN iceable equipment of a type which will of mobilization response times, issue the PART 44— NEW AND/OR COMBAT be issued to deploying hardware units supplies and equipment required in sup­ SERVICEABLE EQUIPMENT FOR (but which are currently not available port of mobilization plans directly to the unit for storage and maintenance. RESERVE FORCES to the Selected Reserves). (5) Program and budget for sufficient M aurice W. R oche, The Deputy Secretary of Defense ap­ logistical support to assure that equip­ Director, Correspondence and proved the following: ment will meet maintenance standards Directives Division OASD Sec. consistent with mobilization readiness (Comptroller). 44.1 Purpose and applicability. objectives. 44.2 Definitions. [PR Doc.71-17821 Filed 12-8-71:8:49 am] 44.3 Policies and responsibilities. (b) When a new hardware units is es­ tablished and designated in the Selected Au t h o r it y : The provisions of this Part 44 Reserve, the Secretaries of the Military Chapter VII— Department of the issued under 5 U.S.C. 301. Departments will: Air Force § 44.1 Purpose and applicability. (1) Accomplish paragraph (a) (1) SUBCHAPTER I— MILITARY PERSONNEL This part implements title 10, U.S. and (2) of this section. Code 264(b), “Reserve Forces Bill of (2) Insure that a complete Logistical PART 888e— DISPOSITION OF Rights and Vitalization Act” (Public Law Support Plan is prepared and that the CONSCIENTIOUS OBJECTORS 90-168) December 1, 1967, and estab­ receiving unit is thoroughly briefed Subchapter I of Chapter VII of Title lishes Department of Defense policy on its implementation prior to issuance 32 of the Code of Federal Regulations guidance for use by the Secretaries of the of equipment. This Plan shall contain Military Departments in procuring and maintenance concepts at organizational, is amended as follows: distributing items of new and/or combat intermediate and depot levels; proce­ A new Part 888e is added as follows: serviceable equipment to the Selected dures for acquisition and distribution of Sec. Reserve Forces of the armed forces under support and test equipment, spares and 888e.O Purpose. their jurisdiction. repair parts and technical data; develop­ ment of facilities; procedures for acqui­ Subpart A— General § 44.2 Definitions. sition, distribution and training of main­ 888e.2 Definitions. As used in this part. tenance personnel; and use of mainte­ 888e.4 Disposition of pending applications. (a) Sources of equipment. Initial pro­nance management and reporting sys­ Subpart B— Policy curement items, and excess equipment tems. 888e.6 National policy. that has been repaired and will be issued (c) To carry out the responsibilities 888e.8 Department of Defense policy. to the Reserve Forces. in paragraphs (a) and (b) of this sec­ Ob) Combat serviceable equipment. tion, the Secretaries of the Military De­ Subpart C— Criteria That equipment (not obsolete) that has partments will: 888e.l0 General. been serviced/repaired—suitable for de­ (1) Establish the same equipment pri­ ployment to combat. Subpart D— Procedures orities for Selected Reserve hardware 888e.l2 Preparation of application. (c) Hardware units. Selected Reserve units as for Active Force units commen­ units organized and equipped with new 888e.l4 Advice to applicant. surate with their assigned mission and 888e.l6 Statement (counseling concerning and/or combat serviceable equipment to readiness requirements. Within priority Veterans Administration bene­ serve as units when mobilized. categories Active units may be equipped fits). (d) Selected Reserves. As defined in firsts but Reserve units of a specific 888e.l8 Promotion of personnel who apply DOD Directive 1215.6, “Uniform Train­ readiness requirements will be equipped for conscientious objector status. ing Categories and Pay Groups within before Active units with a lower readi­ 888e.20 Required interviews. the Reserve Components”, August 25, ness requirement. 888e.22 Appointment of investigating officer. 1969.1 888e.24 Investigating officer’s report. (2) Replace noncombat (obsolete) 888e.26 Forwarding of application. § 44.3 Policies and responsibilities. equipment as a matter of priority, in 888e.28 Action at decision level. (a) The Secretaries of the Military cases where hardware units will not de­ 888e.30 Effect of unauthorized absence of Departments will provide combat service­ ploy with equipment on hand, issue rep­ applicant. resentative quantities of equipment with 888e.32 Status of applicant whose request is able equipment and logistical support to under consideration. the Selected Reserves of their Reserve which they will deploy to provide for fa­ components to satisfy approved training miliarization training; take follow-on Subpart E— Actions After Decisions and mobilization readiness requirements, action to fulfill all readiness training re­ 888e.34 Disposition instructions when 1-0 as follows: quirements and to store and earmark any status is approved. (1) Expeditiously procure, issue and remaining equipment quantities required 888e.36 Disposition instructions when 1-A-O maintain equipment of combat standard for mobilization. status is approved. quality in amounts required for the train­ (3) Program and budget sufficient lo­ 888e.38 Statement (counseling concerning ing ang mobilization of each hardware gistical support funds to assure that this designation as conscientious ob­ jector) . unit in the Selected Reserves of the Re­ equipment will meet maintenance stand­ 888e.40 Assignment to noncombatant duties. serve components. ards that are consistent with the readi­ 888e.42 DD Form 214. (2) Store, identify and maintain ad­ ness objectives of the Reserve Forces. 888e.44 Character of discharge. ditional equipment in the quality and (4) Initiate procedures to identify and 888e.46 Disposition of correspondence. quantity required by Selected Reserve track Reserve Force equipment and/or 888e.48 Assignment limitation. hardware units in the execution of mo­ procurement funds, as appropriate, 888e.50 Notifying Selective Service regard­ bilization plans. through the planning, programing, budg­ ing member who has not com­ eting, procurement and distribution pleted 180 days of active duty. 1 Piled as part of original. Copies available process. (Inherent in this requirement is Au t h o r it y : The provisions of this Part from the U.S. Naval Publications and Forms 888e issued under sec. 8012, 70A Stat. 488; Center, 5801 Tabor Avenue, Philadelphia, PA the capability of identifying Reserve 10 U.S.C. 8012, except as .otherwise noted. 19120, Attention: Code 300. Force assets separately, and projecting S ource: AFR 35-24, October 18,1971.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23210 RULES AND REGULATIONS § 888e.O Purpose. considered to be combatant duty unless conscientious objector by the Selective This part establishes uniform Air Force the individual concerned is personally Service System (SSS); or procedures governing an applicant who and directly involved in the operation of (ii) He requested classification as a claims status as a conscientious objector. weapons. conscientious objector before entering This part applies to all personnel of the (d) Noncombatant training. Any military service, and such request was Air Force and of its Reserve components. training which is not concerned with denied on the merits by the SSS, and his It is not an authority for discharge and the study, use or handling of arms or request for classification as a conscien­ may not be cited as such. It implements weapons. tious objector is based upon essentially Part 75 of this title. the same grounds or supported by essen­ § 888e.4 Disposition of applications tially the same evidence, as the request Subpart A— General pending. which was denied by the SSS. § 888c.2 Definitions. Applications initiated under AFR 35- (2) Nothing contained in this part 24, May 1, 1970, and dated prior to renders ineligible for classification as a The following terms apply for this October 18, 1971, will be processed to conscientious objector a member of the part: conclusion under that regulation. Air Force who possessed conscientious (a) Conscientious objection. A firm, objector beliefs before entering military fixed, and sincere objection to participa­ Subpart B— Policy service if: tion in war in any form or the bearing § 888e.6 National policy. (i) Such beliefs crystalized after re­ of arms by reason of religious training ceipt of an induction notice; and belief. Military service is a patriotic obliga­ (ii) He could not request classification (1) Class 1-0 conscientious objector. tion of every citizen who desires to share as a conscientious objector by the SSS A member who, by reason of conscien­ in the benefits and protections afforded because of SSS regulations prohibiting tious objection, sincerely objects to par­ by allegiance to the national aims, ob­ the submission of such requests after ticipation of any kind in war in any jectives, welfare, and security of the Government of the United States. The receipt of induction notice; and form. (iii) He makes application for classi­ (2) Class 1-A-O conscientious objec­ armed forces were established by Con­ gress as an instrument to insure the at­ fication as a conscientious objector tor. A member who, by reason of con­ within 72 hours after his induction. scientious objection, sincerely objects to tainment of the objectives through the participation as a combatant in war in preservation of peace and national sta­ (b) Because of the personal and sub­ any form, but whose convictions are such bility in a highly competitive and chang­ jective nature of conscientious objection, as to permit military service in a non- ing world. Nevertheless, Congress has the existence, honesty, and sincerity of combatant status. recognized that deep and Sincerely held asserted conscientious objection beliefs convictions against the use of force may cannot be routinely ascertained by ap­ Unless otherwise specified, the term place any citizen in a dilemma between plying inflexible objective standards and “conscientious objector” includes both conscience and patriotic obligation, and measurements on an “across-the-board” 1-0 and 1-A-O conscientious objectors. has therefore provided a means whereby basis. Requests for discharge or assign­ (b) Religious training and belief. Be­ these citizens may be excused from their ment to noncambatant training or serv­ lief in an external power or being or military obligation by receiving status as ice based on conscientious objection will, deeply held moral or ethical belief, to a conscientious objector. therefore, be handled on an individual which all else is subordinate or upon basis with final determination made at which all else is ultimately dependent, § 888e.8 Department of Defense (DOD) HQ USAF (airmen) or the Secretary of and which has the power or force to policy. the Air Force (officers) in accordance affect moral well-being. The external Consistent with the national policy ex­ with the facts and circumstances in the power or being need not be of an ortho­ plained in § 888e.6, Air Force personnel particular case and the policy and pro­ dox diety, but may be a sincere and who qualify under this part as bona fide cedures set forth in this part. meaningful belief which occupies in the conscientious objectors will be recognized life of its possessor a place parallel to to the extent practicable and equitable. Subpart C— Criteria that filled by the God of another, or, in Objection to a particular war will not be § 8 8 8 e.l0 General. the case of deeply held moral or ethical recognized as grounds for conscientious The criteria set forth in this section beliefs, a belief held with the strength objection. This policy will be executed provide policy and guidance in consider­ and devotion of traditional religious con­ subject to the following: ing applications for separation or for as­ viction. The term “religious training and (a) Administrative discharge prior tosignment to noncombatant training and belief” may include solely moral or ethi­ the completion of an obligated term of, service based on conscientious objection. cal beliefs even though the applicant service is discretionary with the Secre­ himself may not characterize these be­ (a) Consistent with the national pol­ tary of the Air Force, based on a judg­ icy to recognize the claims of bona fide liefs as “religious” in the traditional ment of the facts and circumstances in sense, or may expressly characterize conscientious objectors in the military the case. However, insofar as may be service, an application for classifica­ them as not religious. The term “reli­ consistent with the effectiveness and ef­ gious training and belief” does not in­ tion as a conscientious objector may be ficiency of the Air Force, a request for approved (subject to the limitations of clude a belief which rests solely upon classification as a conscientious objector considerations of policy, pragmatism, ex­ paragraph (a) of § 888e.8) for any and relief from or restriction of military individual. pediency, or political views. duties in consequence thereof will be (c) Noncombatant service or noncom­ approved to the extent practicable (1) Who is conscientiously opposed to batant duties (1-A-O) (used inter­ and equitable within the following participation in war in any form; changeably in this part). (1) Service in limitations: (2) Whose opposition is found on reli­ any unit of the armed forces which is (1) Except as provided in subpara­gious training and belief; and unarmed at all times. graph (2) of this paragraph, no member (3) Whose position is sincere and (2) Service in the medical department of the Air Force who possessed conscien­ deeply held. of any of the armed forces, wherever tious objection beliefs before entering (b) War in any form: The clause “war performed. military service is eligible for classifica­ in any form” should be interpreted in (3) Any other assignment the primary tion as a conscientious objector if: the following manner: function of which does not require the (i) Such beliefs satisfied the require­ (1) An individual who desires to use of arms in combat provided that such ments for classification as a conscien­ choose the war in which he will partici­ other assignment is acceptable to the in­ pate is not a conscientious objector dividual concerned and does not require tious objector pursuant to section 6(j) of under the law. His objection must be to him to bear arms or to be trained in the Universal Military Training and all wars rather than a specific war; their use. Service Act, as amended (50 U.S.C. App (2) A belief in a theocratic or spiritual (4) Service aboard an armed ship or 456(j)) and other provisions of law, and war between the powers of good and aircraft or in a combat zone will not be he failed to request classification as a evil does not constitute a willingness to

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 RULES AND REGULATIONS 23211 participate in “war” within the mean­ such membership, inquiry may properly proved by the Secretary of the Air Force ing of this part. be made as to the fact of membership, or HQ USAF. (c) Religious training and belief: and the teaching of the church, religious (h) The provisions of this part will (1) In order to find that an appli­ organization, or religious sect, as well as not be used to effect the administrative cant’s moral and ethical beliefs are the applicant’s religious activity. How­ separation of individuals who do not against participation in war in any form ever, the fact that the applicant may qualify as conscientious objectors, or in and are held with the strength of tradi­ disagree with, or not subscribe to, some lieu of administrative separation proce­ tional religious convictions, the appli­ of the tenets of his church does not nec­ dures such as those provided for unsuit­ cant must show that these moral and essarily discredit his claim. The personal ability or unfitness or as otherwise set ethical convictions, once acquired, have convictions of each individual will be forth in other Air Force directives. Indi­ directed his life in the way traditional controlling so long as they derive from viduals determined not qualified for con­ religious convictions of equal strength, his moral, ethical, or religious beliefs. scientious objector status, the separation depth and duration have directed the (e) Moreover, an applicant who isof whom would otherwise appear to be in lives of those whose beliefs are clearly otherwise eligible for conscientious ob­ the best interest of the Air Force, should found in traditional religious convic­ jector status may not be denied that be considered for administrative separa­ tions. In other words, the belief upon status simply because his conscientious tion under the provisions of other appli­ which conscientious objection is based objection influences his view concerning cable Air Force directives. Under no cir­ must be the primary controlling force the nation’s domestic or foreign policies. cumstances will administrative separa­ in the applicant’s life. The task is to decide whether the beliefs tion of these individuals be effected (2) A primary factor to be considered professed are sincerely held, and whether pursuant to this part. is the sincerity with which the belief is they govern the claimant’s actions both (i) Nothing in this part prevents the held. Great care must be exercised in in word and deed. administrative elimination, pursuant to seeking to determine whether asserted (d) The burden of establishing a claim law and regulations of the Air Force of beliefs are honestly and genuinely held. of conscientious objection as a ground any officer whose classification as a Sincerity is determined by an impartial for separation or assignment to noncom­ 1-A-O conscientious objector results in evaluation of the applicant’s thinking batant training and service is on the ap­ substandard performance of duty or and living in its totality, past and pres­ plicant. To this end, he must establish other cause for elimination. ent. Care must be exercised in determin­ by clear and convincing evidence: Subpart D— Procedures ing the integrity of belief and the (1) That the nature or basis of his consistency of application. Information claim comes within the definition of and § 888e.l2 Required information. presented by the claimant should be criteria prescribed in this part for con­ (a) A member of the Air Force who sufficient to convince that the claimant’s scientious objection, and seeks either separation or assignment to personal history reveals views and ac­ (2) That his belief in connection there­ noncombatant duties by reason of con­ tions strong enough to demonstrate that with is honest, sincere and deeply held. scientious objection will submit an ap­ expediency or avoidance of military serv­ The claimant has the burden of deter­ plication therefor through his unit com­ ice is not the basis of his claim. mining and setting forth the exact na­ mander to the CBPO-Special Actions (i) Therefore, in evaluating applica­ ture of his request; that is, whether for (SA) unit. The applicant will indicate tions the conduct of applicants, in par­ separation based on conscientious objec­ whether he is seeking a discharge or ticular their outward manifestation of tion (1-0) or for assignment to noncom­ assignment to noncombatant duties and the beliefs asserted, will be carefully batant training and service based on con­ will include that which is set forth in examined and given substantial weight. scientious objection (1-A-O). § 75.6 of this title. (ii) Relevant factors that should be (e) An applicant claiming 1-0 status (b) Applicants for 1-A-O status will considered in determining an applicant’s will not be granted 1-A-O status as a not be processed unless accompanied by claim of conscientious objection include compromise. a voluntary request for separation in ac­ training in the home and church; gen­ (f) Persons who were classified 1-A-O cordance with paragraph 3-8r, AFM 39- eral demeanor and pattern of conduct; by Selective Service prior to induction 16 (Separation Upon Expiration of Term participation in religious activities; will upon induction be transferred to a of Service for Convenience of Govern­ whether ethical or moral convictions training center, or station, for recruit ment, Minority, Dependency, and Hard­ were gained through training, study, training and will be subject to noncom­ ship) (airmen), or paragraph 16m, AFR contemplation, or other activity com­ batant service and training. They will 36-12 (Administrative Separation of parable in rigor and dedication to the be required to sign and date a statement Commissioned Officers and Warrant processes by which traditional religious as set forth in § 888e.38. Thereafter, upon Officers of the Air Force) (officers). Such convictions are formulated; credibility of completion of recruit training, they will requests by the applicant will be sub­ the applicant, and credibility of persons be assigned to noncombatant duty. They mitted by letter in the format prescribed supporting the claim. may be transferred to the medical corps, in § 888e.38. The request will be signed (iii) Particular care must be exer­ or a medical department or unit for fur­ and dated by the applicant and made a cised not to deny the existence of bona ther training, provided they meet the re­ part of the application prior to forward­ fide beliefs simply because those beliefs quirements therefor. Such persons when ing to the commander exercising special are incompatible with one’s own. assigned to medical units will not be al­ court-martial jurisdiction. (a) Church membership or adherence lowed to avoid the important or hazard­ to particular theological tenets are not ous duties which are part of the respon­ § 888e.l4 Advice to applicant. required to warrant separation or as­ sibility of all members of the medical Prior to processing the application the signment to noncombatant training and organization. Any person who does not unit commander will: service for conscientious objectors. . meet the requirements for this training, (a) Advise the applicant of the spe­ (b) Mere affiliation with a church or who fails to complete the prescribed cific provisions of section 3103 of title 38, other group which advocates conscien­ course of instruction, or who otherwise United States Code, regarding the pos­ tious objection as a tenet of its creed is cannot be assigned to this duty will be sible effects of discharge as a conscien­ not necessarily determinative of an ap­ assigned to other noncombatant duties. tious objector who refuses to perform plicant’s position or belief. N o t e : Because the Air Force does not nor­ military duty or refused to wear the uni­ (c) Conversely, affiliation with a mally induct members claiming conscientious form or otherwise to comply with lawful church or group which does not teach objector status, this DOD policy is for infor­ orders of competent military authority, conscientious objection does not neces­ mation only. and sarily rule out adherence to conscien­ (g) Commanders are authorized to re­ (b) Require the applicant to execute tious objection beliefs in any given case. turn to an applicant, without action, any the statement as shown in § 888e.l6. (d) Where an applicant is or has been second or subsequent application that is N o t e : 38 U.S.C. 3103 provides, in pertinent a member of a church, religious organiza­ based upon essentially the same grounds, part, that the discharge of any person on tion, or religious sect, and where his claim or supported by essentially the same evi­ the grounds that he was a conscientious of conscientious objection is related to dence, as a previous application disap­ objector who refused to perform military

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23212 RULES AND REGULATIONS duty or refused to wear the uniform or ably available) who will submit a writ­ be made under oath or affirmation. The otherwise to comply with lawful orders of ten report of psychiatric evaluation in­ competent military authority, will bar all hearing is not an adversary proceeding. rights (except government insurance) of dicating the presence or absence of any (3) The applicant may submit any ad­ such persons under law administered by the psychiatric disorder which would war­ ditional evidence that he desires (includ­ Veterans Administration based upon the rant treatment or disposition through ing sworn or unsworn statements) and period of service from which discharged or medical channels, or such character or present any witnesses in his own behalf, dismissed. The only exception is in cases in personality disorder as to warrant rec­ but he will be responsible for securing which it is established, to the satisfaction ommendation for appropriate adminis­ their attendance. The commander exer­ of the Administrator, that the member was trative action. This opinion and report cising special court-martial jurisdiction insane. will become part of the case file. If the will render all reasonable assistance in § 888e.l6 Statement (counseling con­ applicant refuses to participate or is making available military members of his cerning Veterans Administration uncooperative or unresponsive in the command requested by the applicant as benefits). course of the interviews, this fact will be witnesses. Further, the applicant will be included in the statement and report permitted to question any other witnesses I have been advised of the provisions filed by the chaplain and psychiatrist or who appear and tor examine all items in of 38 U.S.C. 3103 concerning possible medical officer. the file. nonentitlement to benefits administered (4) A verbatim record of the hearing by the Veterans Administration due to § 888e.22 Appointment of investigating is not required. If the applicant desires discharge from the military service as a officer. such a record and agrees to provide it conscientious objector under certain The commander exercising special at his own expense, he may do so. If he conditions. I understand that a discharge court-martial jurisdiction over, the ap­ elects to provide such a record, he must as a conscientious objector, who refused plicant will appoint an officer in the make a copy thereof available to the in­ to perform military duty or otherwise to grade of major or higher, to investigate vestigating officer, at no expense to the comply with lawful orders of competent the applicant’s claim. military authority, shall bar all rights, Government, at the conclusion of the based upon the period of service from N o t e : Staff judge advocates in the grade hearing. In the absence of a verbatim of captain or higher may be appointed as record, the investigating officer will sum­ which discharged, under any laws ad­ investigating officers. The officer so ap­ marize the testimony of witnesses and ministered by the Veterans Administra­ pointed will not be an individual in the permit the applicant or his counsel to tion except my legal entitlement (if any) chain of command of the applicant. If the examine the summaries and note for the to any war risk, government (converted) applicant is a commissioned officer, the in­ record their differences with the inves­ or National Service Life Insurance. vestigating officer must be senior in both temporary and permanent grades to the tigating officer’s summary. Copies of applicant. statements and other documents received (Date) in evidence will be made a part of the (a) Review of this part by investigat­ hearing record. (Signature of Member) ing officer. Upon appointment, the in­ vestigating officer will review this part. § 888e.24 Investigating officer’s report. (Typed name, SSAN, grade, USAF) During the course of his investigation, At the conclusion of the investigation, The preceding statement of (member’s the investigating officer will obtain all the investigating officer will prepare a name) was signed by him after he had. been necessary legal advice from the local written report which will contain the counseled by me. staff judge advocate or legal officer. following: (b) Conduct of hearing by investigat­ (a) A statement as to whether the (Date) ing officer. The investigating officer will applicant appeared, whether he was ac­ conduct a hearing on the application. companied by counsel, and, if so, the (Signature of officer who The purpose of the hearing is to afford latter’s identity, and whether the nature counseled member) the applicant an opportunity to present and purpose of the hearing were ex­ any evidence he desires in support of plained to the applicant and understood (Typed name, SSAN, grade, USAF) his application; to enable the investi­ by him. (b) Any documents, statements, and § 888e.l8 Promotion of personnel who gating officer to ascertain and assemble apply for conscientious objector all relevant facts; to create a compre­ other material received during the in­ status. hensive record; and to facilitate an in­ vestigation. formed recommendation by the investi­ (c) Summaries of the testimony of Upon initiation of action under this gating officer and an informed decision the witnesses presented (or a verbatim part, personnel awaiting promotion to on the merits by higher authority. In record of the testimony if such record all grades, both officers and airmen, will this regard, any failure or refusal of the was made). have promotion withheld in accordance applicant to submit to questioning under (d) A statement of the investigating with current procedures. The rationale oath or affirmation before the investi­ officer’s conclusions as to the underlying for withholding promotion is that, by gating officer may be considered by the basis of the applicant’s conscientious application, the individual places him­ officer making his recommendation and objection and the sincerity of the appli­ self in a position where his potential evaluation of the applicant’s claim. If cant’s beliefs, including his reasons for for future service is questionable. With­ the applicant fails to appear at the hear­ such conclusions. holding will be in effect until a final de­ ing without good cause, the investigating (e) Subject to § 888e.l0(e), the inves­ termination can be made in individual officer may proceed in his absence and tigating officer’s recommendations for cases. This policy complements the pro­ the applicant will be deemed to have disposition of the case, including his rea­ motion philosophy that promotions are waived his appearance. sons therefor. The actions recommended not awarded for past performance but (1) If the applicant desires, he will be will be limited to the following: for anticipated future service. entitled to be represented by counsel,' at (1) Denial of any classification as a § 888e.20 Required interviews. his own expense, who will be permitted conscientious objector; to be present at the hearing, assist the (2) Classification as 1-A-O conscien­ The applicant will be personally inter­ tious objector; or viewed by a chaplain who will submit a applicant in the presentation of his case, written opinion as to the nature and and examine all items in the file. (3) Classification as 1-0 conscientious basis of the applicant’s claim, and as to (2) The hearing will be informal in objector. the applicant’s sincerity and depth of character and will not be governed by (f) The investigating officer’s report, conviction. The chaplain’s report must the rules of evidence employed by courts- along with the individual’s application, include the reasons for his conclusions. martial except that all oral testimony all interviews with chaplains or doctors, presented must be under oath or af­ evidence received as a result of the in­ In addition, the applicant will be inter­ firmation. Ahy relevant evidence may be vestigating officer’s hearing, and any viewed by a psychiatrist (or by a medi­ received. Statements obtained from per­ other items submitted by the applicant cal officer if a psychiatrist is not reason- sons not present at the hearing need not in support of his case will constitute the

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 RULES AND REGULATIONS 23213

record. The investigating officer’s con­ be made to assign applicants to duties batant, I am requesting that (I be discharged within the command to which they are for the convenience of the Government in clusions and recommended disposition accordance with paragraph 3-8r, AFM 39-10 will be based on the entire record and assigned which will conflict as little as (airmen)) (my resignation be accepted in not merely on the evidence produced at possible with their asserted beliefs. How­ accordance with paragraph 16m, AFR 36-12 the hearings. A copy of the record will ever, members desiring to file application (officer)). be furnished to the applicant at the time who are on orders for reassignment are it is forwarded to the commander who required to submit applications at their appointed the investigating officer, and next permanent duty station. During the (Date) the applicant will be informed that he period applications are being processed, has the right to submit a rebuttal to applicants will be expected to conform to (Signature of Menjber) the report within 15 days after receipt the normal requirements of military serv­ of his copy of the record. ice and to perform satisfactorily such duties to which they are assigned. Appli­ (Typed name, SSAN, grade, USAF) § 888e.26 Forwarding of application. cants may be disciplined for violations of The preceding statement of (member’s Fifteen days after date the applicant the Uniform Code of Military Justice name) was signed by him after he had been was provided his copy of the record while awaiting action on their counseled by me. (paragraph (a) of § 888e.24) or upon applications. receipt of his rebuttal, whichever is sooner, CBPO-SA will forward the record Subpart E— Actions After Decisions (Date) case to the local staff judge advocate for § 888e.34 Disposition instructions when legal review. If necessary, the SJA may I—O status is approved. (Signature of officer who return the case through CBPO-SA to the counseled member) investigating officer for further investi­ Applicants requesting discharge who gation. When the record is complete, the are determined to be 1-0 conscientious objectors will be discharged for the con­ (Type name, SSAN, Grade, USAF) SJA will forward it to the commander venience of the Government with entry who appointed the investigating officer. in personnel records and discharge pa­ § 888e.40 Assignment to noncombatant The commander will forward it with his duties. personal recommendation for disposition, pers that the reason for separation is and reasons therefor, through each level conscientious objection. The type of dis­ Persons assigned to noncombatant in the chain of command. At each level, charge issued will be governed by the duties, and persons assigned to normal additional recommendations will be at­ applicant’s general military record and military duties by reason of disapproval tached. The last level in the chain of the pertinent provisions of AFM 39-10 of their application, will be expected to command will send at least two copies to (airmen) or AFR 36-12 (officers). The conform to the normal requirements of USAFMPC/DPMAKE (airmen) or Director of the Selective Service System military service and to perform satis-, USAFMPC /DPMAKO (officers), Ran­ will be promptly notified of the discharge factorily such duties to which they are dolph AFB TX 78148, in accord with AFM of those who have served less than 180 assigned. Violations of the Uniform Code 39-10 or AFR 36-12. days in the Armed Forces. Pending sepa­ of Military Justice by these members will ration, the applicant will continue to be be treated as in any other situation. § 888e.28 Action at decision level. assigned duties providing the minimum practicable conflict with his professed § 888e.42 DD Form 214. A final decision based on the entire beliefs and will be expected to conform If a member is discharged as a con­ record will be made by the Secretary of to the normal requirements of military scientious objector, items 11c, and 15, DD the Air Force (officers) and HQ USAF service and to perform satisfactorily such Form 214, “Armed Forces of the United (airmen). Any additional information duties to which he is assigned. Applicants States Report of Transfer or Discharge,” other than the official service record of will be completed. x the applicant considered by the Secretary may be disciplined for violations under the Uniform. Code of Military Justice § 888e.44 Character of discharge. of the Air Force or HQ USAF which is while awaiting discharge. adverse to the applicant, and which the If discharge is directed, the character applicant has not had an opportunity to § 888e.36 Disposition instructions. of discharge is determined by the mem­ comment upon or refute, will be made a Applicants requesting assignment to ber’s military record; the standards part of the record and the applicant will noncombatant duties who are determined established in AFR 36-12, or AFM 39-10, be given a 15-day opportunity from date to be Class 1-A-O conscientious objectors as appropriate; and the procedural of receipt of the additional information by the Air Force will be: guidelines in this part. to comment upon or refute the material (a) Assigned to noncombatant duty as before a final decision is made. The rea­ stated in § 888e.2, or § 888e.46 Disposition of correspond­ sons for an adverse decision will be made (b) Discharged from military service ence. a part of the record and will be provided at the discretion of HQ USAF (airmen) After final approval action is taken on to the individual. or SAF (officers). Each applicant will be an application, the CBPO Reenlistment § 888e.30 Effect of unauthorized ab­ required to execute the statement as and Separations Unit will include one sence o f applicant. shown in § 888e.38. copy of the approved correspondence re­ sulting in discharge in the Unit Person­ Processing of applications need not be § 888e.38 Statement (counseling con­ nel Record Group (UPRG). The UPRG abated by the unauthorized absence of cerning designation as conscientious will then be sent to USAFMPC/ the applicant subsequent to the initiation objector). DPMDRR, Randolph AFB TX 78148, of the application, or by the institution I have been counseled concerning designa­ according to AFM 35-14 (Military Per­ of disciplinary action or administrative tion as a conscientious objector. Based on my sonnel Records System). One copy of the separation proceedings against him. religious training and belief, I consider my­ self to be a conscientious objector within application, including statement of mem­ However, an applicant whose request for the meaning of the statute and regulations ber resulting in reassignment to non- classification as a conscientious objector governing conscientious objectors and am combatant duties and one copy of all dis­ has been approved will not be discharged conscientiously opposed to participation in approved applications will be filed in the until all disciplinary action has been combatant training and service. I request Unit Personnel Record Group in accord­ resolved. assignment to noncombatant duties for the ance with AFM 35-14. All other copies remainder of my term of service. I fuUy § 888e.32 Status of applicant whose understand that on expiration of my cur­ will be disposed of in accordance with request is under consideration. rent term of service I am not eligible for vol­ AFM 12-50 (Disposition of AF Documentation). To the extent practicable under the untary enlistment, reenlistment, or active service in the armed forces. § 888e.48 Assignment limitation. circumstances, during the period appli­ If I am determined to be a conscientious cations are being processed and until a objector (1-A-O status) and if a further CBPO-SA will provide CBPO-ASGN decision is made by the Secretary of the determination is made by HQ USAF that I with a copy of the correspondence ap­ Ab: Force or HQ USAF, every effort will cannot be effectively utilized as a noncom­ proving the individual for noncombatant

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23214 RULES AND REGULATIONS service as a basis for updating the assign­ objection early enough to permit the induct the Individual for the alternate ment limitation data in the PDS. remaining service in the civilian work service provided by the Military Selective program administered by Selective Serv­ Service Act. § 888e.50 Notifying Selective Service re­ garding a member who has not com­ ice. In such cases, the CBPO Special Ac­ tions Unit will notify the SSS promptly By the order of the Secretary of the pleted 180 days of active duty. Air Force. Bona fide conscientious objectors (1-0 of the date of discharge from military classification or 1-A-O, but discharge is service and of the fact that the indi­ Alexander J. P alenscar, Jr., directed) who are approved for discharge vidual has not completed 180 days of Colonel, U.S. Air Force, Spe­ active duty. The notification will be pre­ cial Activities Group", Office of with less than 180 days service, will be The Judge Advocate General. discharged for the convenience of the pared for the immediate commander’s Government by reason of conscientious signature. He will request the SSS to [FR Doc.71—17861 Filed 12-6-71;8:51 am]

Title 24— HOUSING AND HOUSING CREDIT Chapter VII— Federal Insurance Administration, Department of Housing and Urban Development SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM PART 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE List of Eligible Communities Section 1914.4 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: 1914.4 lis t o f eligible communities.

Effective date Map No. State map repository Local m ap repository of authorization State County Location of sale of flood Insurance for area

* * * *»* *** • * * California. Alameda....i.'.-i. Unincorporated i. ______Dec. 3,1971. areas. Delaware.. New C a s tle ..™ ...... — I 10 003 0000 04 Division of Soil and Water Conserva- Drainage Division, Department of Do. through tlon, Department of Natural Re­ Public Works, New Castle County I 10 003 0000 12 sources and Environmental Control, Engineering Bldg., Post Office Box Post Office Box 667, Georgetown, 165, Wilmington, D E 19899. D E 19947. Delaware Insurance Department, 21 The Green, Dover, Del. 1990L Indiana____ .... St. Joseph.—..... South Bend...™ .—.. ------Do. K entucky_____ H arlan------. . . Loyall------... ------— Do. Do______Jefferson______St. M atth ew s..______Do. M aryland..—______-______Baltimore------Do. M innesota_____ St. Louis------Cook------— Do. Missouri______Jefferson______Crystal City______Do. Do______St. Francois______F lat River______Do. New Jersey..__Mercer______Trenton______. . . I 34 021 3380 03 Department of Environmental Pro- City Engineer’s Office, City Hall, East Do. through tection, Division of Water Resources, State St., Trenton, N . J. 08608. I 34 021 3380 06 Box 1390, Trenton, N J 08626. New Jersey Department of Insurance, State House Annex, Trenton, N.J. 08626. Do...... do...... ship. " '.. .. | . . ______| Do. Mnrrlq ship. , __■____ *___ -______—, Do. Do. North Carolina. __m'm2 Do. areas. ______Do. Pennsylvania... Schuylkill_____ Tam aqua I 42107 8350 03----- Departm ent of Com m unity Affairs, Municipal Building, 320 !Ëûst Èroau Do. Borough. 1 42107 8360 04 Commonwealth of Pennsylvania, St., Tamaqua, PA 18252. Harrisburg, Pa. 17120. Pennsylvania Insurance Department, 108 Finance Bldg., Harrisburg, Pa. 17120. Do. Township. __„ . f. ______;____ ...______„—„ Do. Bofough. .... _ __- - _____ ———, Do. Borough. ______...... ______:______Do. Township. 1______—. — ..... ______H Do. ship...... ______.. ______Do. ------•• . Do. D o.______. . . ..■■■....•.‘.i Do. Township. Do. Borough. ' .... . ■ •: ______^ Do. Township. ______...___ ..._____ ...._____ Do. Do...... ____do...... Do.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 RULES AND REGULATIONS 23215

Effective date State County Location Map No. State map repository Local m ap repository of authorization of sale of flood insurance for area

Rhode Island... Washington__ _ N arragansett...— < 1 44 009 0137 04 Rhode Island Statewide Planning Tow n Clerk's Office, Town Hall, 66 Dec. 3,1971. through Program, Room 123-A, The State Rodman St., Narragansett, RI 1 44 009 0137 06 • House, Providence, R .1.02903. 02882. Rhode Island Insurance Division, 169 Weybosset St., Providence, R I02903. Tennessee...___ B lount...... M aryville.:.... — 147 009 1570 03 Tennessee State Planning Commis­ Office of the Building Official, C ity of Do. through sion, Room C2-208, Central Services Maryville, Municipal Bldg., Mary­ 1 47 009 1570 08 Bldg., Nashville, Tenn. 37219. ville, Tenn. 37811. Tennessee Department of Insurance and Banking, 114 State Office Bldg., Nashville, Tenn. 37219. Do...... 'Campbell...... Jacksboro-____ . . . 147 0131198 01...... d o ...... Town Hall, Town of Jacksboro, Post Do. Office Box 75, Jacksboro, T N 37757. D o ..:...... Loudon______... Lenoir C ity.... Do.

(Notional Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91—152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FH. 2680, Feb. 27, 1969) Issued: November 30, 1971. G eorge K. Bernstein, Federal Insurance Administrator. [FR Doc.71-17787 Filed 12-6-71;8:45 am]

PART 1915— IDENTIFICATION OF SPECIAL HAZARD AREAS ^ List of Communities With Special Hazard Areas Section 1915.3 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1915.3 List of communities with special hazard areas. * * * • * * *

Effective date of identification State County Location Map No. State map repository Local m ap repository of areas which have special flood hazards • * * • * • • * * *** *•* California...... Alameda___ U nincor por ated ...... — ...... Dec. 3,1971. areas. Delaware______New Castle. H 10 003 0000 04 Division of Soil and Water Conser- Drainage Division, Department of June 6, 1970 and through vation, Department of Natural Public Works, New Castle County Nov. 6,1970. H 10 003 0000 12 Resources and Environmental Con- Enginneerig Bldg., Post Office Box trol, Post Office Box 667, George- 166, Wilmington, DE 19899. town, D E 19947. Delaware Insurance Department, 21 The Green, Dover, Del. 19901. . Indiana...... :.. St. Joseph__ South Bend...... — ...... Dec. 3,1971. Kentucky___. . . H arlan_____ Loyall______...... -...... -...... - ...... Do. D o______Jefferson____ St. Matthews...... -...... ■-...... : ...... -...... -...... -X ...... Do. Maryland______Baltimore...... ; Do. Minnesota_____ St. Louis____ Cook______...... :——...... Do. Missouri______Jefferson.... Crystal City. — ...... - ...... — - Do. D o______-St. Francois. Flat River...... -...... Do. New Jersey____ Mercer______Trenton____ H 34 021 3380 03 Department of Environmental Pro- City Engineer's Office, City Hall, Jan. 15,1971. through tection, Division of Water Resources, East State St., Trenton, N.J. 08608. H 34 021 3380 06 Box 1390, Trenton, N J 08626. New Jersey Department of Insurance, State House Annex, Trenton, N.J. 08626. Do______do___ Hamilton Town­ Dec. 3,1971. ship. Do_____. . . . Union____ Hillside Town­ Do. ship. Do______Morris____ Madison Borough. Do. North Carolina. Carteret__ Beaufort______Do. Oregon______D ouglas... Unincorporated Do. areas. Do...... Marion____ Salem______Pennsylvania__ Schuylkill. Tam aqua H 42 107 8360 03... Department of Community Affairs, Municipal Building, 320 East Broad Feb. 9,1971. Borough. H 42 107 8350 04 Commonwealth of Pennsylvania, St., Tamaqua, PA 18262. Harrisburg, Pa. 17120. Pennsylvania Insurance Department, 108 Finance Bldg., Harrisburg, Pa. 17120. Do______Bucks______Upper Makefield - - - ...... - ...... Dec. 3,1971. Township. Do______Chester_____ Downingtown — — — ...... — ...... - ...... - ...... -____ ip Do. Borough. D o ..__... _____ d o ...... West Chester ...... -...... -...... - ...... J Do. Borough. Do------Cumberland. East Pennsboro —— ...... -...... Do. Township. Do------Delaware____ Chester Town­ - ...... — -...... 3 Do. ship. Do______...d o ____... Marple Township...... -—-----—-...... - ...... —- ...... ______... ____ .... ___ Do. Do______d o ....___ Upland Borough...... Do. Do______do______Upper Provi­ ...... — ...... Dec. 3, 1971; dence Town­ ship. Do------Lehigh...... Catasauqua . u Do. Borough. Do------Montgomery. Plym outh :=3 Do. Township. Do------Washington.. Union Township.. Z33 D O ; D o ...______do______West Brownsville Do. Borough.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 No. 235- 4 23216 RULES AMD REGULATIONS

Effective date of identification State County Location Map No. State map repository Local map repository of areas which have special flood hazards

Rhode Island__ ; ___ do. Narragansett. H 44 009 0137 01 Rhode Island Statewide Planning Town Clerk’s Office, Town Hall, 66 Sept. 18,1970. through Program, Room 123-A, The State Rodman St., Narragansett, RI H 44 009 0137 06 House, Providence, R.I. 02903. 02882. Rhode Island Insurance Division, 169 Weybosset St., Providence, RI 02903. Tennessee...... Blount. Maryville. H 47 009 1670 03 Tennessee State Planning Commis- Office of the Building Official, City of Nov. 17,1970. through sion, Room C2-208, Central Services Maryville, Municipal Bldg., Mary- H 47 009 1570 08 Bldg., Nashville, Tenn. 37219. ville, Tenn. 37801. Tennessee Department of Insurance and Banking, 114 State Office Bldg., Nashville, Tenn. 37219. Do______Campbell. Jacksboro-.. H 47 013 1198 01. —do...... Town H all, Town of Jacksboro, Post May 21,1971. Office Box 75, Jacksboro, T N 37757. Do...... L oudon.. Lenoir City...... Dec. 3,1971.

(National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (38 FR. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.O. 4001-4127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969) Issued; November 30, 1971. G eorge K. Bernstein, Federal Insurance Administrator. (FR Doc.71-17788 Filed 12-6-71;8:45 am]

Falls Stamping & Welding Co., Sears, Roebuck & Co., Post Office Box 153, 925 South Homan Avenue, Dept. 609, Title 39— POSTAL SERVICE Cuyahoga Falls, OH 44222. Chicago, IL 60607. Chapter I— United States Postal 1-2 1-2-C Service Fulton Corp., Southern Fabricators, Fulton, IL 61252. Post Office Box 7321, PART 156— RURAL SERVICE 1-1A-2—C Shreveport, LA 71107. General Housewares Corp., C Rural Boxes 800 West Willard Street, Steel City Manufacturing Co., The regulations in § 156.5 of Title 39, Muncie, IN 47302. Post Office Box 1115, Code of Federal Regulations, are C Youngstown, OH 44501. amended to update the listing of ap­ Hermitage Stamping Co., 1—1A—2—C proved manufacturers and suppliers of 7119 Cockrill Bend Industrial Road, Superior Sheet Metal Works Co., rural mailboxes and contemporary-style Post Office Box 7885, 3201-9 Roosevelt Avenue, Nashville, TN 37209. Indianapolis, IN 46218. boxes. Changes in office designations are 1 also made. 1-1A-2 Accordingly, in § 156.5 Rural boxes, Jackes-Evans Manufacturing Co., The Parker Co., make the following changes in paragraph 11737 Administration Drive, Route 14, Box 318R, St. Louis, MO 63141. Richmond, VA 23231. (a): 1-1A-2 C 1. Amend subparagraphs (2) and (5) to read as follows: Kelley Manufacturing Co., Waterloo Industries, Inc., Los Angeles Division, Post Office Box 209, § 156.5 Rural boxes. 5100 Santa Fe Avenue, Waterloo, IA 50704. (a) * * * Los Angeles, CA 90058. C (2) Drawings. Construction standards 1 -2 1 Traditional rural box size No. 1# and drawings for guidance in the manu­ Leigh Products, Inc., 1A Traditional rural box size No. 1A. facture of rural mailboxes may be ob­ Coopersville, MI 49404. 2 Traditional rural box size No. 2. tained by writing to the Delivery Services C C Contemporary-style suburban box (also Department, Customer Services Group, Macklanburg-Duncan Co., approved for ruse on rural routes). U.S. Postal Service, Washington, DC Post Office Box 25188, Oklahoma City, OK 73125. * * * * * 20260. 1 * * * * * 2. In subparagraph (3) of paragraph (5) List of approved manufacturers.Montgomery Ward & Co., (a) of § 156.5, change “Operations De­ 619 West Chicago Avenue, partment” to “Delivery Services Depart­ Following is a list of manufacturers and Chicago, IL 60610. suppliers of rural and contemporary- 1-1A-2-C ment”. style suburban mailboxes whose samples (39 U.S.C. 401) have been approved by the Postal Northern Fabricators Corp., Post Office Box 89, David A. Nelson, Service: Worthington, OH 43085. Senior Assistant Postmaster Babco Manufacturing, Inc., C General and General Counsel. 11677 Sheldon Street, Sun Valley, CA 91352. Northwest Metal Products Co., [FR Doc.71-17803 Filed 12-6-71;8:47 am] C Division of Noll Manufacturing Co., Post Office Box 10, Chicago Heights Furnace Supply Co., Inc., Kent, WA 98031. 96-104 East 22d Street, 1 Chicago Heights, IL 60411. PART 601— PROCUREMENT OF PROP­ 1-1A-2 Remington Hardware Co., Inc., ERTY AND SERVICES OTHER THAN Deshler Mail Box Co., 351 West Broadway, 101 East Maple Street, New York, NY 10013. MAIL TRANSPORTATION SERVICES Deshler, OH 43516. C 1-1A-2-C Subchapter H of Title 39, Code of Fed­ Rybolt Heater Co., eral Regulations (36 F.R. 12432) is E. Z. Manuf acturing Co., 615 Miller Street, Springfield, SD 57062. Ashland, OH 44805. amended by the addition of new Part (Door Conversion Kit for No. 2) 1-1A-2 601, reading as follows:

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 RULES AND REGULATIONS 23217

Sec. (b) Section 2 establishes procedures of the Federal Register, National Ar­ 601.100 Postal Contracting Manual; incor­ for purchase by formal advertising and chives and Records Service, General poration by reference. the determination of protests against Services Administration, Washington. 601.101 Effective date. 601.102 Applicability and coverage. award. D.C. 20408. 601.103 Content of Postal Contracting (c) Section 3 authorizes purchase by §601.105 Amendments to the Postal Manual. negotiation under certain prescribed cir­ Contracting Manual. 601.104 Availability of Postal Contracting cumstances and sets forth applicable Manual. procedures and techniques. Notice of changes made in the Postal 601.105 Amendments to the Postal Contract­ (d) Section 5 covers procurement Contracting Manual will be periodically ing Manual. from other Government agencies. published in the F ederal R egister. The Au th o rity : The provisions of this Part 601 (e) Section 6 prescribes procedures text of such changes will be filed with issued under 5 U.S.C. 552 (a), 39 U.S.C. 401, for effecting small purchases not in the Director, Office of the Federal Regis­ 404, 410, 411, 2008. excess of $5,000, or $10,000 in certain ter. Subscribers to the basic Manual will receive the amendments from the Gov­ § 601.100 Postal Contracting Manual; ■ circumstances. incorporation by reference. (f) Section 7 prescribes clauses for use ernment Printing Office. in various types of contracts. David A. Nelson, Section 552(a) of title 5, United States (g) Section 9 covers patents and the Senior Assistant Postmaster Code, relating to public information re­ acquisition of rights in data. General and General Counsel. quirements of the Administrative Proce­ (h) Section 10 sets forth policies and dure Act, provides in pertinent part that procedures governing bonds and insur­ Note: Incorporation by reference pro­ “* * * matter reasonably available to ance under contracts. visions approved by the Director of the the class of persons affected thereby is (i) Section 11 discusses the impact of Federal Register on December 3, 1971. deemed published in the F ederal Federal, State, and local taxes upon [FR Doc.71-17905 Filed 12-6-71; 8:51 am] R egister when incorporated by reference postal procurements, and provides therein with the approval of the Director clauses relating thereto. of the Federal Register.” In conformity (j) Section 12 implements, the labor with that provision, with 39 U.S.C. section statutes applicable to the Postal Service, Title 41— PUBLIC CONTRACTS 410(b) (1), and as provided in this part, and prescribes procedures governing the U.S. Postal Service hereby incorpo­ equal employment opportunity under AND PROPERTY MANAGEMENT rates by reference its Postal Contracting postal contracts. Manual (PCM), Publication 41, a loose- (k) Section 15 establishes cost prin­ Chapter 50— Public Contracts, leaf publication. ciples for use in postal contracts. Department of Labor §601.101 Effective date. (l) Section 16 illustrates procurement PART 50-204— SAFETY AND HEALTH forms and sets forth instructions for STANDARDS FOR FEDERAL SUPPLY The provisions of the Postal Contract­ their use. ing Manual are applicable, effective Jan­ CONTRACTS uary 1, 1972, with respect to all covered (m) Section 18 prescribes policies and procurement activities of the Postal procedures for leasing postal facilities. Standard for Exposure to Asbestos Service. However, the Manual or portions (n) Among others, sections 19-27 are Dust thereof may be placed into effect at an reserved for future use. Pursuant to section 4(b) (2) of the earlier time by individual procurement (o) Appendix A sets forth the Rules Williams-Steiger Occupational Safety officers of the Postal Service for procure­ of Practice before the Postal Service and Health Act of 1970 (84 Stat. 1592, 29 ment activities under their jurisdiction Board of Contract Appeals (Part 955 of U.S.C. 653), § 50-204.50 of Title 41, Code after December 7, 1971. this chapter). of Federal Regulations, is hereby § 601.102 Applicability and coverage. (p) Appendix B contains the Rules amended in the manner indicated below of Practice in Proceedings Relative to in order to prescribe a new standard (a) The Postal Contracting Manual Debarment and Suspension From Con­ limiting the exposure of workers to as­ applies to all Postal Service procurements tracting (Part 957 of this chapter). bestos dust. The new standard limiting of property services, except the purchase the exposure of employees to asbestos of mail transportation and related serv­ § 601.104 Availability of Postal Con­ tracting Manual. dust is that adopted under section ices by contract (see Part 619 of this 6(c) of the Williams-Steiger Occupa­ subchapter). Provisions relating to the (a) Copies of the Postal Contracting purchase of mail transportation and re­ tional Safety and Health Act of 1970 Manual, Publication 41, may be pur­ and published in the F ederal R egister lated services by contract may, however, chased from the Superintendent of Doc­ on this date. The standard is hereby be incorporated at a later date into the uments, U.S. Government Printing Office, determined to be more effective than that Postal Contracting Manual and may be Washington, D.C. 20402, at a cost of $6 presently provided under § 50-204.50 to subject to later incorporation by refer­ per copy (add $1.50 for foreign mailing). the extent that it prescribes minimum ence in the Code of Federal Regulations. This price includes entitlement to receive, levels of exposure to asbestos dust. There­ (b) The Postal Contracting Manual for an indefinite period, changes in the fore, by operation of section 4(b) (2) of supersedes interim regulations on the Manual which may be published from the Act the new standard issued under procurement of property and services time to time. The Manual may be ex­ section 6(c) supersedes the construction published in the F ederal R egister of amined during normal business hours at safety standard relating to exposure to June 30, 1971 (36 F.R. 12451). the U.S. Postal Service, Office of Pro­ asbestos dust. § 601.103 Content of Postal Contract­ curement, 12th and Pennsylvania Ave­ Section 50-204.50 is amended to read ing Manual. nue NW., Washington, DC 20260, and at as follows in order to apply the new The Postal Contracting Manual con­ the following U.S. Postal Service Re­ standard limiting the exposure of work­ sists of 27 sections, some of which are gional Procurement Branches: ers to asbestos dust: reserved for subsequent use, and two ap­ New York Metropolitan Region, 33d Street § 50—204.50 Gases, vapors, fum es, and Eighth Avenue, New York, NY 10098. dusts, and mists. pendices, as follows: Eastern Region, 1845 Walnut Street, PhU- (a) Section 1 covers general procure­ adelphia, PA 19101. (a) (1) Exposures by inhalation, in­ ment policies, including the delegation of Southern Region, Front Street, Memphis, gestion, skin absorption, or contact to procurement responsibilities and author­ TN 38101. any material or substance (i) at a con­ Central Region, 433 West Van Buren Street, centration above those specified in the ities; procedures for contracting with Chicago, H, 60699. small and minority-owned business con­ Western Region, 631 Howard Street, San “Threshold Limit Values of Airborne Francisco, CA 94106. Contaminants for 1968" of the American cerns, and concerns in labor surplus Conference of Governmental Industrial areas; and Buy American Act (b) A copy of the Postal Contracting Hygienists, except for the ANSI Stand­ preferences. Manual is on file with the Director, Office ards listed in Table I of this section and

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23218 RULES AND REGULATIONS except for the values of mineral dusts Effective date. This amendment shall Subpart 146.08— Railroad or High­ listed in Table n of this section, and (ii) become effective upon publication in the way Vehicles Loaded With Danger­ concentrations above those specified in F ederal R egister (12-7-71). ous Substances and Transported on Tables I and n of this section, shall be (Sec. 4(b) (2), 84 Stat. 1592, 29 US.C. 653; Board Ferry Vessels avoided, or protective equipment shall be Secretary’s Order No. 12-71, 36 F.R. 8754) provided and used. 2. Subpart 146.08 is amended by add­ (2) The requirements of this section Signed at Washington, D.C., this 2d ing § 146.08-31 to read as follows: do not apply to exposures to airborne day of December 1971. § 146.08—31 Exemptions concerning la­ asbestos dust. Exposures of employees G. C. G uenther, beling requirements. to airborne asbestos dust shall be subject Assistant Secretary of Labor. to the requirements of 29 CFR 1910.93a. Labels are not required on packages (b) To achieve compliance with para­ [FR Doc.71-17834 Filed 12-6-71;8:47 am] containing explosives or other dangerous articles or substances when the packages graph (a) of this section, feasible ad­ are: ministrative or engineering controls must (a) Loaded and unloaded under the first be determined and implemented in supervision of Department of Defense all cases. In cases where protective equip­ Title 46— SHIPPING personnel and are under escort by De­ ment in addition to other measures is Chapter I— Coast Guard, partment of Defense personnel in a sepa­ used as the method of protecting the em­ Department of Transportation rate vehicle. ployee, such protection must be approved (b) Cylinders containing compressed SUBCHAPTER N— DANGEROUS CARGOES gases classed as nonflammable, provided for each specific application by a com­ that the cylinders are carried by private petent industrial hygienist or other tech­ [CGFR 71-157] or contract motor carriers and are not nically qualified source. PART 146— TRANSPORTATION OR overpacked. T able II—Mineral D usts STORAGE OF EXPLOSIVES OR Subpart 146.21— Detailed Regula­ OTHER DANGEROUS ARTICLES OR tions Governing Inflam m able Substance Mppcf Mg/M* SUBSTANCES, AND COMBUSTIBLE Liquids LIQUIDS ON BOARD VESSELS Silica: 3. Subpart 146.21 is amended for the Crystalline: article “Acrolein (inhibited)” by adding Quartz (respirable)...... 260 * I0mg/M*»> Dangerous Cargo Containers in the 4th column (“Required conditions %8iO,+5 %SiO,+2 On pages 5246 and 5247 of the F ed­ for transportation—Cargo vessel”), of Quartz (total dust)...... 30mg/M8 eral R egister (36 F.R. 5246) which ap­ § 146.21-100 the words reading as fol­ % S10,+2 lows: Cristobalite: Use Vi the peared March 18, 1971, a notice of value calculated from the proposed rule making was published Cylinders (DOT-4B240, 4BA240, or 4BW240) count or mass formulae for complying with DOT regulations. quartz. which proposed an amendment to the Portable tanks (DOT—51) not over 20,000 Tridymite: Use H the value calculated from the for­ Dangerous Cargo Regulations. A public lbs. gr. wt. mulae for quartz. hearing was held on May 4, 1971, and Tank cars complying with DOT regulations Amorphous, including natural (trainship only). diatomaceous earth...... ¡.. 20 80mg/M* interested persons were given 65 days %SiOi in which to submit written comments Subpart 146.25— Detailed Regula­ tions Governing Poisonous Articles Silicates (less than 1% crys­ regarding the proposed regulations. talline silica): No objections have been received and 4. Subpart 146.25 is amended by re­ Mica______... 20 Soapstone...... 20 the proposed regulations are hereby vising the 4th column of § 146.25-100 for Talc...... - 20 the articles: Portland cement______60 adopted without change and are set forth' Graphite (natural)______16 below. (a) Cyanogen chloride containing less than Coat dust (respirable fraction 0.9 percent water; less than 6% SiOj)...... 2.4mg/M* or (R.S. 472 as amended, sec. 1, 19 Stat. 252 (b) Cyanogen gas; For more than 5% SiOj...... lOmg/M* sec. 6(b)(1), 80 Stat. 937; 46 U.S.C. 170, 49 (c) Rthyldichloroarsine; U.S.O. 1655(b)(1); 49 CFR 1.46(b)) (d) Lewisite; % SiO,+2 (e) Methyldichlorarsine; Inert or Nuisance Dust: Respirable fraction______15 6mg/M* Effective date. This amendment shall (f) Mustard gas; Total dust...... 60 15mg/M* become effective on March 6, 1972. (g) Phenylcarbylamine chloride; and (h) Poisonous liquid or gas, N.O.S. Dated: November 29, 1971. N ote: Conversion factors— to read as follows: mppcfX 36.3=million particles per cubic meter = particles per c.c. C. R. Bender, Required conditions for transportation ^ , • Millions of particles per cubic foot of air, based on Admiral, U.S. Coast Guard, lmpinger samples counted by light-field technics. Commandant. Cargo vessel < The percentage of crystalline silica in die formula is die amount determined from air-borne samples, Subpart 146.05— Shipper’s Require­ except in those instances in which other methods have Stowage: been shown to be applicable. ments Regarding« Packing, Mark­ “ On deck under cover.” i As determined by the membrane filter method at Outside containers: 430 X phase contrast magnification. ing, Labeling and Shipping Papers Steel cylinders (DOT-33, 3D) with m Both concentration and percent quartz for the valve protection cap or when without application of this limit are to be determined from cap in nonspecification strong wooden the fraction passing a size-selector with the following 1. Subpart 146.05 is amended by revok­ boxes marked with prescribed name of characteristics: ing § 146.05-15 (h). contents, prescribed label and the words “This side up” and the notation “Inside packages comply with pre- Aerodynamic diameter Percent passing Subpart 146.07— Railroad Vehicles, * * * scribed specifications.” * * * (unit density sphere) selector Cylinders (DOT-3A1800, 3AA1800 or Highway Vehicles, Containers or 3E1800). Spec. 3A and 3AA cylinders must not exceed 126 pound water ca­ 2 90 Portable Tanks Loaded With Explo­ pacity (nominal) and must have valve 2.5 75 sives or Other Dangerous Articles protection or be packed in strong 3.5 60 wooden or metal boxes as described in 5.0 26 and Transported on Board Ocean 49 C F R 173.327(a)(2). Spec. 3E1800 10 0 cylinders must be packed in strong Vessels wooden or metal boxes. The measurements under this note refer to the use of an AEC instrument. If the respirable fracdon of coal la. Section 146.07-25 (b) is amended dust is determined with a MRE die figure corresponding to th at of 2.4 Mg/M8 in the table for com dust is 4.6 Mg/M* by revoking the last sentence. [FR Doc.71-17831 Filed 12-6-71;8:49 am]

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 RULES AND REGULATIONS 23219 “Tandem relationship” means, for pur­ for 5 years or in the immediately pre­ Title 6— ECONOMIC poses of §201.13(c), a well-established ceding two consecutive basic and tandem mid consistently maintained practice agreements; and whereby the precise timing, amount, and (4) It can be shown that retroactivity STABILIZATION nature of general increases in wages and was either an established pay practice Chapter II— Pay Board salaries of a given appropriate employee or had been agreed to before November unit have so followed those of another 14,1971. PART 201— STABILIZATION OF such unit of employees of the same em­ (d) It is demonstrated to and ap­ WAGES AND SALARIES ployer or of other employers within a proved by the Pay Board, except as pro­ commonly recognized industry (such as vided in § 201.16, that the proposed Retroactivity standard industrial classification two- retroactive payment satisfies such fur­ The purpose of these amendments is digit category) that a general increase, in ther criteria as the Pay Board may here­ to set forth for public information and the normal operation of the practice, after establish to remedy severe guidance additions to the regulations re­ would have been put into effect and have inequities. lating to the stabilization of wages and been applicable to work performed on or P ar. 3. Subpart B of Part 201, relat­ salaries. These amendments incorpo­ before November 13, 1971, but for the ing to Pay Stabilization is amended by rate the substance of items (3), (4), and operation of the freeze. adding at the end thereof (but before the (5) of Appendix B—Interpretive Deci­ ♦ * * ♦ * ' appendices) the following new section: sions Adopted by the Pay Board, relating P ar. 2. Section 201.13 of the Stabiliza­ to tandem relationships, low-wage em­ § 201.16 Retroactivity; self-determina­ tion of Wages and Salaries Regulations tions ; criteria for severe inequities. ployees, and one-time benefits, respec­ (relating to retroactivity payments) is tively; item <3) of Appendix C-— amended to read as follows: Employers may make retroactive pay­ Definitional Decisions Adopted by the ments on their own determination, sub­ Pay Board, relating to tandem relation­ § 201.13 Scheduled increases in wages ject only to compliance checking by the ships; and item (3) of Appendix D— and salaries for services rendered Secretary of the Treasury (or his dele­ Procedural Decisions Adopted by the Pay after August 15, 1971, and before gate) in verification thereof, that they Board, relating to self-determinations. November 14,1971. qualify to make retroactive payments to As previously announced (36 F.R. 22581), Payments of scheduled increases in remove severe inequities in the follow­ each of the items described above is be­ wages and salaries for services rendered ing circumstances— ing deleted from its respective appendix by employees after August 15, 1971, and (a) An employee member of an ap­ because it has been incorporated in the before November 14, 1971, which were propriate employee unit earned $2 or regulations. In the case of item (2) of not made because prohibited by the less per hour straight time prior to the Appendix D, relating to ruling authority freeze, may be made retroactively if— freeze and would have become eligible in certain retroactivity cases, it has been (a) It is demonstrated to the Secretary without changing the nature or classi­ decided to retain such item in Appendix of the Treasury (or his delegate), with fication of his services for a pay increase D until procedures with respect to rul­ right of appeal to the Pay Board in the in the straight time hourly rate but for ings have been formulated by the Inter­ event of an adverse determination, that the operation of the freeze; or nal Revenue Service for incorporation the employer of the employees on whose (b) An employee member of an ap­ in regulations under this chapter. behalf such payment is being sought propriate employee unit, but for the op­ Pursuant to the authority vested in the raised the prices for his products or serv­ eration of the freeze, would have become Pay Board by the Economic Stabiliza­ ices prior to August 16, 1971, in anticipa­ eligible to receive a new or increased tion Act of 1970, as amended (Public tion of wage and salary increases sched­ benefit under a fringe benefit plan on Law 91-379, 84 Stat. 799; Public Law 91- uled to be paid to such employees after the happening of an event which ac­ 558, 84 Stat. 1468; Public Law 92-8, 85 August 15,1971. tually occurred during the freeze and Stat. 13; Public Law 92-15, 85 Stat. 38), (b) It is demonstrated to the Secretary which, by the nature of such event, can­ Executive Order No. 11627 (36 P.R. 20139, of the Treasury (or his delegate), with not occur after the freeze. Oct. 16, 1971), and Cost of Living Coun­ right of appeal to the Pay Board in the event of an adverse determination, that Example 1. A, an employee-member of an cil Order No. 3 (36 P.R. 20202, Oct. 16, appropriate employee unit in a company, 1971 ), the Pay Board hereby adopts these a wage and salary agreement or pay died on September 16, 1971. Pursuant to a following amendments to the regulations. schedule or practice adopted after Au­ collective bargaining agreement reached be­ Because of the need for immediate gust 15, 1971, succeeded an agreement, fore the freeze, A’s employer was to have guidance from the Pay Board with re­ schedule or practice that expired or ter­ increased his contribution to the group life spect to the provisions contained in these minated prior to August 16, 1971, and insurance plan applicable to such unit on retroactivity is demonstrated to be an September 1, 1971. Under the plan death amendments, it is hereby found imprac­ benefits were scheduled to be increased up ticable to issue such amendments with established past practice of an employer and his employees or retroactivity had to $2,000 per employee based on age and notice and public procedure thereon un­ length of employee service to the company. der 5 U.S.C., section 553(b), or subject been agreed to prior to November 14, The life insurer is willing to pay the increased to the effective date limitation of 5 1971. benefit to A’s estate if the employer will ret­ U.S.C., section 553 (d). (c) It is demonstrated to the Secre­ roactively pay the unit’s Increased contri­ tary of the Treasury (or his delegate), bution to the group life insurance plan. A Effective date. These amendments with right of appeal to the Pay Board retroactive payment may be made by the shall be effective on and after November in the event of an adverse determination, employer of the scheduled increase in group 14,1971. that in the case of a tandem relationship life insurance premiums for the appropriate (as defined specifically for this para­ employee unit in such a case to remedy the George H. Boldt, severe inequity to an employee such as A Chairman of the Pay Board. graph, in § 201.3) — who, because of his death during the freeze, (1) The basic agreement to which acould not become eligible for the increased Paragraph 4. Section 201.3 of the Sta­ tandem agreement is claimed was bilization of Wages and Salaries Regu­ benefit after the freeze ended. reached before August 16, 1971; Example 2. B, an employee-member of an lations (relating to definitions) is ' (2) The tandem agreement with re­ appropriate employee unit in a company, amended by revising the introductory spect to which retroactivity is claimed retired on October 31, 1971. Pursuant to a paragraph and by adding a new defini­ collective bargaining agreement reached be­ expired no more than 90 days after the fore the freeze, B’s employer was to have tion to be inserted alphabetically. These expiration of the basic agreement; increased the lump-sum payment on or after amended and added provisions read as (3) The tandem relationship betweenOctober 1, 1971, available to employees of follows: the unit for vacation accrued but not taken the basic agreement described in sub- prior to retirement. A retroactive increase in § 201.3 Definitions. paragraph (1) of this paragraph and the lump-sum payment of accrued vacation the tandem agreement described in sub- may be made to B who, because of his re­ Por purposes of this part, unless other­ tirement dining the freeze, could not be­ wise restricted herein— paragraph (2) of this paragraph was come eligible for the increased benefit after ***** clearly established as a past pay practice the freeze.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23220 RULES AND REGULATIONS

P ar. 4. The appendices immediately of Agriculture, or person designated to accordance with the exception provided following Part 201 are amended by de­ act for him. in the Department of Agriculture’s policy leting therefrom the following items: § 272.2 Use of official campaign mate­ published on July 24, 1971, in 36 F.R. Items (3), (4), and (5) of Appendix B; rials. 13804, it has been found and determined Item (3) of Appendix C; and Item (3) of that the advance notice procedure con­ Appendix D. Official materials produced for the tained in 5 U.S.C. 553 would be imprac­ “Woodsy Owl” campaign may be used ticable and contrary to public interest. [PR Doc.71-17960 Filed 12-6-71;9:05 am] without express approval from the Chief where such use is solely for the purpose, Effective date. These regulations shall of increasing public information regard­ become effective on the date of publica­ ing pollution abatement or environ­ tion in the F ederal R egister (12-7-71). Title 49— TRANSPORTATION mental enhancement. ~ T. K. Cowden, Chapter V— National Highway Traffic § 272.3 Public service use. Assistant Secretary of Agriculture. Safety Administration, Department The Chief may authorize the use of December 3,1971. of Transportation “Woodsy Owl” for noncommercial edu­ [FR Doc.71-17961 Filed 12-6-71;9:19 am] cational purposes, without charge, when PART 571— FEDERAL MOTOR such use is essentially as a public service VEHICLE SAFETY STANDARDS and will, in his judgment, contribute to Recodification public information and education con­ Title 50— WILDLIFE AND cerning pollution abatement or environ­ Correction mental enhancement. FISHERIES In F.R. Doc. 71-17612 appearing at § 272.4 Commercial use. Chapter I— Bureau of Sport Fisheries page 22902 in the issue of Thursday, The Chief may authorize the commer­ December 2,1971, the heading for § 571.- cial manufacture, importation, reproduc­ and Wildlife, Fish and Wildlife 108 in the second column of page 22909 Service, Department of the Interior should read “§ 571.108a Standard No. tion, or use of “Woodsy Owl” upon the following findings: PART 33— SPORT FISHING 108; Lamps, reflective devices, and as­ (a) That the authorized use of sociated equipment. (Reflecting amend­ “Woodsy Owl” will contribute to public Iroquois National Wildlife Refuge, ments effective Jan. 1, 1973).” information concerning pollution abate­ N.Y. ment or environmental enhancement. (b) That the proposed use is consist­ The following special regulation is is­ ent with the status of “Woodsy Owl” as sued and is effective on date of publica­ Title 36— PARKS, FORESTS, a national symbol of pollution abate­ tion in the F ederal R egister (12-7-71). ment and environmental enhancement § 33.5 Special regulations sport fish­ AND MEMORIALS and will not detract from such status. ing; for individual wildlife refuge (c) That a use charge, royalty charge, areas. Chapter II— Forest Service, or payment in kind which is reasonably New York Department of Agriculture related to the commercial value has been IROQUOIS NATIONAL WILDLIFE REFUGE PART 272— USE OF “WOODSY OWL” established. (d) That the applicant is, of all known Sport fishing on the Iroquois National SYMBOL interested parties, the best-qualified to Wildlife Refuge, Basom, N.Y., is permit­ Pursuant to the authority vested in further the goals and purposes of the ted on the areas designated by signs as the Secretary of Agriculture by 7 U.S.C. “Woodsy Owl” campaign. open to fishing. These open areas com­ 2201 and 16 U.S.C. 528-531, the addition (e) That, when an exclusive license is prising 26 acres during spring, summer of a new Part 272 to Title 36 of the Code requested, no other qualified applicant and fall, and 172 acres during the winter, of Federal Regulations is established. can be found who will provide compara­ are delineated on maps available at The purpose of the new part is to dele­ ble campaign support under a nonexclu­ refuge headquarters and from the Re­ gate to the Chief of the Forest Service sive license. gional Director, Bureau of Sport Fish­ authority to administer uses of the De­ (f) That such other conditions as the eries and Wildlife, U.S. Post Office and partment's new antipollution symbol, Chief may deem necessary in each case Courthouse, Boston, Mass. 02109. Sport “Woodsy Owl,” and to establish criteria have been established. fishing shall be in accordance with all applicable State regulations subject to under which such uses will be authorized. § 272.5 Unauthorized use. Chapter n of Title 36 of the Code of the following special conditions. Federal Regulations is revised to add The manufacture, importation, repro­ (1) The use of boats with motors is Part 272 to read as follows:. duction or use of “Woodsy Owl,” except not permitted. as provided, under §§ 272.2, 272.3, and (2) The use of boats after October ! Sec. 272.4, is unauthorized. 272.1 Definitions. is not permitted. 272.2 Use of official campaign materials. § 272.6 Power to revoke. (3) Fishing through the ice is permit­ 272.3 Public service use. It is the intention of these regulations ted only on Ringneck Marsh from Janu­ 272.4 Commercial use. ary 1 to March 1 and November 15 to 272.5 Unauthorized use. that the Chief, in exercising the authori­ December 31, ice conditions permitting. 272.6 Power to revoke. ties delegated hereunder, will at all times consider the primary purpose of foster­ (4) Leaving boats, structures, or Au th o rity : The provisions of this Part ing public information concerning pollu­ other equipment overnight is not 272 issued under 7 U.S.C. 2201 and 16 U.S.C. tion abatement and-environmental en­ permitted. 528-531. hancement. All authorities and licenses The provisions of this special regula­ § 272.1 Definitions. granted under these regulations shall be tion supplement the regulations govern­ (a) The term “Woodsy Owl,” as used subject to abrogation by the Chief at any ing fishing on wildlife refuge areas gen­ in these regulations, means the char­ time he finds that the use involved is in­ erally which are set forth in Title 50, acter, “Woodsy Owl,” originated by the jurious to the purpose of the “Woodsy Code of Federal Regulations, Part 33, Forest Service of the U.S. Department Owl” campaign, is offensive to decency and are effective through December 31, of Agriculture, or any facsimile thereof, or good taste, or for similar reasons, in 1972. addition to any other limitations and R ichard E. G riffith, or the name “Woodsy Owl,” or any name terms contained in the licenses. Regional Director, Bureau of or designation sufficiently similar as to Findings and determination. Availabil­ Sport Fisheries and Wildlife. suggest the character, “Woodsy Owl.” ity of “Woodsy Owl” merchandise to December 1, 1971. (b) The term “Chief” means the Chief support the 1972 campaign requires that of the Forest Service, U.S: Department producers be selected without delay. In [FR Doc.71-17862 Filed 12-6-71;8:50 am]

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23221 Proposed Rule Making

Per and subsequent crops be reissued to DEPARTMENT OF THE INTERIOR acre become applicable for the 1972-73 and (1) Port Hall Project: subsequent years. Bureau of Indian Affairs Basic rate for aU lands located with­ in the boundaries of Fort Hall The main purposes in amending the [ 25 CFR Part 221 1 Reservation ______$7. 75 regulations are to eliminate provisions Basic rate for all lands lying off the applicable to Burley and Maryland to­ FORT HALL IRRIGATION PROJECT Fort Hall Reservation______6. 50 bacco, since regulations for administer­ Proposed Basic and Other Water (2) Michaud Division, Fort Hall Res­ ing the Burley tobacco marketing quota ervation: poundage program for 1972-73 and sub­ Charges Basic rate for all lands except Deep sequent marketing years were issued as November 24, 1971. Well Units______— 11. 50 Part 726, and regulations for establish­ Basic rate for Deep Well Units___ 9. 00 These proposed regulations are being Additional rate for sprinkler irriga­ ing Maryland tobacco farm acreage al­ considered for issuance under the au­ tion when pressure is supplied by lotments are now contained in Part thority delegated to the Commissioner the project______3. 00 723; and to provide regulations for in­ of Indian Affairs by the Secretary of (3) Minor Units, Fort Hall Reserva­ corporating Public Law 92-144, approved the Interior in section 15(a) of Secre­ tion: by the President on October 23, 1971. tarial Order 2508 (10 BIAM 2.1) and Basic rate______— 4. 75 Public Law 92-144 amended the Agri­ redelegated by the Commissioner to the (b) In addition to the foregoingcultural Adjustment Act of 1938, as Area Director in 10 BIAM 3. charges, there shall be collected a min­ amended, to allow the transfer of Vir­ Notice is hereby given that it is pro­ imum charge of $5 for the first acre ginia fire-cured (type 21) and Virgina posed to modify § 221.32 of Part 221, or fraction thereof on each tract of land sun-cured (type 37) tobacco acreage al­ Subchapter T, Chapter I, of Title 25 of for which operation and maintenance lotments by lease, sale, or by owner the Code of Federal Regulations by bills are prepared. The minimum bill is­ across county lines within the State of changing the basic rate for annual oper­ sued for any area will, therefore, be the Virginia. Other significant changes pro­ ation and maintenance assessments on basic rate per acre plus $5. posed are as follows: the Fort Hall Project for calendar year 1. Section 724.68(c) would be amended 1972 and subsequent years. The basic R ichard M. Balsiger, to provide for use of Form ASCS-375 rate for lands within the boundaries of Acting Area Director. as a record of transfer of allotment and the Fort Hall Reservation would be [FR Doc.71-17807 Filed 12-6-71;8:47 am] quota. It would also provide that Form changed from $7.50 to $7.75 per acre. ASCS-375, when executed at the county The rate for lands lying off the reser­ office, may be used to meet the require­ vation would be reduced from $6.75 to ment that a copy of the lease agreement $6.50 per acre. DEPARTMENT OF AGRICULTURE between the parties involved must be filed with the county committee before The purpose of this modification is Agricultural Stabilization and a lease and transfer of an allotment and to adjust the assessment rate to more Conservation Service quota can be effective. accurately reflect the actual operation 2. Sections 724.68 (j) and (g) and and maintenance costs based on the pre­ [ 7 CFR Part 724 1 vious year’s operating experience and 724.70 (v) would be amended to clarify TOBACCO that subleasing of allotment and quota the anticipated program of work. is prohibited, and to clarify the effective The public is welcome to participate Allotment and Marketing Quotas date where cancellation, dissolution or in the rule making process of the Depart­ revision of transfer occurs. ment of the Interior. Accordingly, inter­ Notice of determinations to be made with respect to regulations per­ 3. Section 724.70(b) would be ested persons may submit written amended to eliminate the requirement comments, views or arguments with re­ taining to farm acreage allotments and farm marketing quotas for Fire-cured, for approval of the Deputy Administra­ spect to the proposed rates to the Area tor for late-filing leases where the late- Director,. Portland Area Office, Bureau Dark air-cured, Virginia sun-cured, Cigar-binder (types 51 and 52) and filing resulted from a misunderstanding of Indian Affairs, Post Office Box 3785, of filing requirements after oral discus­ Portland, OR 97208, no later than 30 Cigar-filler and binder (types 42, 43, 44, 53, 54, and 55) tobacco for the 1972-73 sion between the applicant and a repre­ days after publication of this notice in sentative of the county committee. the F ederal R egister. and subsequent marketing years. Pursuant to the authority contained 4. Sections 724.79 (a) and (b) would Section 221.32 of Chapter I, Title 25 in applicable provisions of the Agricul­ be amended to provide that whether a of the Code of Federal Regulations is re­ tural Adjustment Act of 1938, as nonquota kind of tobacco will be con­ vised to read as follows : amended, the Department is preparing to sidered as a kind of tobacco subject to § 221.32 Basic and other water charges. issue ^regulations for determination of marketing quotas will be determined on (a) In compliance with the provisions acreage allotments and marketing quotas the basis of classification in Service and of the Acts of March 1, 1907 (34 Stat. for the 1972-73 and subsequent market­ Regulatory Announcement No. 118 of the 1024), and August 31, 1954 (68 Stat. ing years. It is proposed that the reg­ former Bureau of Agricultural Economics 1026), the annual basic water charges ulations, including amendments and cor­ of the U.S. Department of Agriculture. for the operation and maintenance of the rections thereto, currently in effect for Prior to issuance of the proposed lands in non-Indian ownership and establishing farm acreage allotments and changes in the regulations, data, views, Indian-owned lands leased to a non- marketing quotas, the issuance of mar­ or recommendations pertaining thereto Indian or a nonmember of the Shoshone- keting cards, the identification of mar­ which are submitted to the Director, Bannock Tribe of the Fort Hall Indian ketings of tobacco, the collection and Commodity Stabilization Division, Agri­ Reservation, Idaho, to which water can refund of penalties, and records and re­ cultural Stabilization and Conservation be delivered for irrigation are hereby ports incident thereto for Fire-cured, Service, U.S. Department of Agriculture, Dark air-cured, Virginia sun-cured, Washington, D.C. 20250, will be given fixed for thé calendar year 1972 and sub­ Cigar-binder (types 51 and 52), and consideration. To be sure of considera­ sequent years until further notice as Cigar-filler and binder (types 42, 43, 44, tion, such submissions should be post­ follows: 53, 54, and 55) tobacco for the 1968-69 marked not later than 30 days after date

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23222 PROPOSED RULE MAKING of publication of this notice in the F ed­ [ 7 CFR Parts 1001, 1002, 1004, 1006, Notice is hereby given of a public hear­ eral R egister. All written submissions 1013, 1015, ing to be held at the U.S. Department of 1007, 1011, 1012, Agriculture (South Building, Jefferson made pursuant to this notice will be 1030, 1032, 1033, 1036, 1040, Auditorium), 14th and Independence made available for public inspection at 1043, 1044, 1046, 1049, 1050, Avenue, Washington, DC, beginning at 10 such times and places and in the manner 1060, 1061, 1062, 1063, 1064, am., on December 13, 1971, with respect convenient to the public business (7 CFR 1065, 1068, 1069, 1070, 1071, to proposed amendments to the tentative 1.27(b)). 1073, 1075, 1076, 1078, 1079, marketing agreements and to the orders, regulating the handling of milk in the Signed at Washington, D.C., on 1090, 1094, 1096, 1097, 1098, aforesaid marketing areas. December 1,1971. T099, 1101, 1102, 1103, 1104, The hearing is called pursuant to the 1106, 1108, 1120, 1121, 1124, Carroll G. Brunthaver, provisions of the Agricultural Marketing Acting Administrator, Agricul­ 1125, 1126, 1127, 1128, 1129, Agreement Act of 1937, as amended (7 tural Stabilization and Con­ 1130, 1131, 1132, 1133, 1134, U.S.C. 601 et seq.), and the applicable 1136, 1137, 1138 1 rules of practice and procedure govern­ servation Service. ing the formulation of marketing agree- [PR Doc.71-17852 Piled 12-6-71;8:50 am] v [Docket No. AO-14-A50, etc.] ments and marketing orders (7 CFR Part MILK IN THE BOSTON REGIONAL AND 900). CERTAIN OTHER MARKETING AREAS The purpose of the hearing is to re­ Consumer and Marketing Service ceive evidence with respect to the eco­ E 7 CFR Part 932 1 Notice of Hearing on Proposed nomic and marketing conditions which Amendments to Tentative Market­ relate to the proposed amendments, [Docket No. AO—352—A2 ] ing Agreements and Orders hereinafter set forth, and any appropri­ OLIVES GROWN IN CALIFORNIA ate modifications thereof, to the tenta­ ^PartP Marketing area Docket No. tive marketing agreements and to the Notice of Postponement of Hearing orders. Evidence also will be taken to deter­ With Respect to Proposed Further 1001 Boston Regional______AO-14r-A60. 1002 New York-New Jersey______AO-71-A63. mine whether emergency marketing con­ Amendment of the Marketing 1004 Middle Atlantic...... AO-160-A48. 1006 Upper Florida______AO-356-A9. ditions exist that would warrant omis­ Agreement and Order 1007 Georgia______AO-366-A9. 1011 Appalachian______AO-251-A14. sion of a recommended .decision under 1012 Tam pa Bay______AO-347-A13. the rules of practice and procedure (7 On September 3, 1971, the Assistant 1013 Southeastern Florida___ ...... AO-286-A21. Secretary issued a partial decision and 1015 Connecticut______AO-305-A29. CFR 900.12(d)) with respect to 1030 Chicago Regional______. AO-361-A6. referendum order (36 F.R. 18085) with 1032 Southern Illinois______... AO-313-A22. proposal(s) No. 1. 1033 Ohio V a lle y ...... AO-166-A42. The proposed amendments, set forth respect to further amendment of the 1036 Eastern Ohio-Western AO-179-A35. marketing agreement, as amended, and Pennsylvania. below, have not received the approval of 1040 Southern Michigan______AO-225-A24. Order No. 932, as amended (7 CFR Part 1043 TJpstate Michigan______AO-247-A17. the Secretary of Agriculture. 1044 Michigan Upper Peninsula___ AO-299-A19. Proposed by Milk Industry 932), which regulate the handling of 1046 Louisville-I^xington-Evans- AO-123-A39. olives grown in California, with amenda­ ville. Foundation: 1049 In d ian a.______AO-319-A19. tory action completed on October 21, 1060 Central Illinois______AO-355-A11. Proposal No. 1. The Class I price shall 1060 Minnesota-North Dakota_____AO-360-A7. be announced on the fifth of the month 1971 (36 F.R. 20355). Said decision con­ 1061 Southeastern Minnesota- AO-367-A6. tained notification that the hearing with Northern Iowa (Dairyland). preceding the month to which it is ap­ 1062 St. Louis-Ozarks______AO-10-A44. respect to that portion of material issue 1063 Quad Cities-D ubuque.______AO-105-A36. plicable. (The Minnesota-Wisconsin 1064 Greater Kansas. City______AO-23-A43. price of the preceding month, announced (8) not covered by said decision was 1065 Nebraska-Western Iowa____ _ AO-86-A26. reopened at that time, with the tentative 1068 Minneapolis-St. Paul______AO-17S-A29. on the fifth of the current month, shall 1069 Duluth-Superior______AO-163-A20. date for reception of further evidence 1070 Cedar Rapids-Iowa City _____AO-229-A27. be the basis for establishing Class I 1071 Neosho Valley...... AO-227-A27. prices for the following month.) being December 8, 1971. 1073 Wichita. Kans..-»...... AO-173-A27. Consolidated Olive Growers, Inc., the 1075 Black Hills, S. Dak...... AO-248-A14. Proposed by the Dairy Division, Con­ 1076 Eastern South Dakota______AO-260-A18. organization which originated the pro­ 1078 North Central Iowa______AO-272-A21. sumer and Marketing Service: 1079 Des Moines, Iowa______AO-296-A25. Proposal No. 2. Make such changes as posal embodied in said portion of ma­ 1090 Chattanooga, Term ______A0-266-A16. 1094 New Orleans,'La___... ______AO-103-A34. may be necessary to make the entire terial issue (8), has requested that the 1096 Northern Louisiana.______AO-257-A21. tentative hearing date of December 8, 1097 Memphis, Term______AO-219-A26. marketing agreement and the order con­ 1098 Nashville, Tenn______AO-184rA,32. form with any amendments thereto that 1971, be postponed indefinitely to provide 1099 Paducah, Ky______AO-183-A27. 1101 Knoxville, Tenn___ .... ______AO-195-A21. may result from this hearing. more time to refine the proposal in con­ 1102 Fort Smith, Ark______AO-237-A21. sultation with other principals in the 1103 Mississippi______AO-346-A16. Copies of this notice of hearing and 1104 Red River Valley______AO-298-A20. the orders may be procured from the olive industry. 1106 Oklahoma Metropolitan_____ AO-210-A32. 1108 Central Arkansas______AO-243-A23. Market Administrators of the respective In view of the stated reason for the 1120 Lubbock Plainview, Tex_____AO-328-A14. request for postponement, the hearing 1121 South Texas______AO-364r-A5. orders, or from the Hearing Clerk, Room 1124 Oregon-Washington. . ______AO-368-A5. 112-A, Administration Building, U.S. De­ tentatively scheduled to begin on 1125 Puget Sound, Wash______AO-228-A24. 1126 North Texas______AO-231-A38. partment of Agriculture, Washington, December 8, 1971, is hereby postponed 1127 San Antonio, Tex______i ___ AO-232-A24. until further notice. 1128 Central West Texas______AO-238-A27. D.C. 20250, or may be there inspected. j 1129 Anstin-Waco, Tex______AO-266-A2Q. 1130 Corpus Christ!, Tex______AO-259-A24. Signed at Washington, D.C., on De­ Dated: December 2,1971. 1131 Central Arizona______AO-271-A16. 1132 Texas Panhandle______AO-262-A23. cember 2, 1971. J ohn C. Blum, 1133 Inland Empire______AO-275-A23. J ohn C. Blum, Deputy Administrator, 1134 Western Colorado______AO-301-A13. Deputy Administator, 1136 Great Basin______AO-309-A18. Regulatory Programs. 1137 Eastern Colorado______AO-326-A17. Regulatory Programs. ] 1138 Rio Grande Valley______AO-335-A19. [FR Doc.71-17827 Filed 12-6-71;8:49 am] [FR Doc.71-17934 Piled 13-6-71;8:51 am] j

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23223

[ 7 CFR Part 1007 1 1. Pooling standards for a plant oper­ essary on at least 10 days during the ated by a cooperative association. month to haul substantial amounts of [Docket No. AO-366-A7] 2. Pricing point on diverted milk. milk from farms close to Eatonton to MILK IN THE GEORGIA MARKETING 3. Adoption of a Class I base plan. more distant pool plants and then return AREA the milk to Eatonton. Qualifying the F indings and Conclusions Eatonton plant as a pool plant will elimi­ Decision on Proposed Amendments The following findings and conclusions nate a substantial amount of uneconomic to Marketing Agreement and to on the material issues are based on evi­ hauling otherwise necessary. Order dence presented at the hearing and the A cooperative plant such as that at record thereof: Eatonton therefore can serve the market A public hearing was held upon pro­ 1. Pooling standards for a plant oper­more efficiently if it is a pool plant, but, posed amendments to the marketing ated by a cooperative association. Provi­ in view of the nature of the operation as agreement and the order regulating the sion should be made in the Georgia order described, the market performance re­ handling of milk in the Georgia mar­ for pooling a supply plant operated by a quired for pooling such a supply plant keting area. The hearing was held, pur­ cooperative association on the basis of operated by a cooperative association suant'to the provisions of the Agricul­ the cooperative’s overall performance in must be somewhat different from that tural Marketing Agreement Act of 1937, the market rather than solely on ship­ of other supply plants. The conditions as amended (7 U.S.C. 601 et seq.), and ments from the plant. for pooling such a plant should be that: the applicable rules of practice (7 CFR The proponent cooperative association (1) The plant is not a distributing plant; Part 900), at East Point, Ga., pursuant representing producers in the market (2) two-thirds or more of such coopera­ to notice thereof issued on April 5, 1971 operates a milk receiving and storage tive’s total member producer milk (in­ (F.R. 6830). facility at Eatonton, Ga. The cooper­ cluding such milk delivered directly from Upon the basis of the evidence intro­ ative plans to use the Eatonton receiving farms and from the association’s duced at the hearing and the record facility (1) to balance supplies of han­ plant (s)) is received during the month thereof, the Deputy Administrator, Reg­ dlers whose direct receipts from farms as producer milk at pool distributing ulatory Programs, on September 8, 1971, may be less than their current needs, and plants; and (3) such plant meets the filed with the Hearing Clerk, U.S. De­ (2) to assemble milk supplies in excess of order’s minimum shipping requirements partment of Agriculture, his recom­ handlers’ needs for disposal to manu­ for supply plants generally, subject to the mended decision containing notice of the facturing outlets. These are primary conditions set forth below. These condi­ opportunity to file written exceptions functions of proponent cooperative tions will insure that undue quantities thereto. association. of milk not regularly serving the Georgia The material issues, findings and con­ The principal manufacturing outlets fluid milk market will not be associated clusions, rulings, and general findings of for the Georgia reserve supply are lo­ with the Georgia pool. the recommended decision are hereby cated outside the State of Georgia. In In view of the fact that the Georgia approved and adopted and are set forth some cases, diversion of milk directly to market is one which is frequently in full herein with the following modifi­ such nonpool plants provides the most relatively short on supply (and the cations: efficient handling of the milk in excess of fact that there is some seasonal var­ With respect to Issue No. 2.: handlers’ needs. Because of the long dis­ iation in supplies), the cooperative 1. A paragraph is added following thetances usually involved, it is frequently in order to qualify a supply plant fifth paragraph. more economical, however, to receive the on terms somewhat diflerent from With respect to Issue No. 3.: milk first at Eatonton where the milk those applicable to other supply plants, 1. Under the heading “Adoption of a from small pickup tank trucks is reloaded should have a high proportion of its Class I base plan” a new heading is added into large over-the-road tankers. Receiv­ producer-member milk regularly sup­ following the second paragraph, the ing and assembling the milk at Eatonton plying the market. A supply plant, other eighth paragraph is revised, and two new results in a substantial reduction in the than one operated by a cooperative as paragraphs are added following the 11th cost of moving such reserve milk. described herein, must deliver at least paragraph. Pool plants under the Georgia order 50 percent of its receipts to pool dis­ are scattered over a wide area. In many tributing plants. When the milk of mem­ 2. Under the heading (b) “Represent­ instances the distributing plant may be ative period” the second paragraph is ber-producers which is delivered directly nearer to a producer’s farm than the from the farm to other pool plants, is revised and two new paragraphs are Eatonton receiving facility. Therefore, added following the second paragraph. considered as having been first received since all producer milk in the market is at the plant of the cooperative it is rea­ 3. Under the heading (d) “Initial pro­ delivered in bulk tanks, it normally is sonable to require as a basis for such duction history” all paragraphs are re­ more economical to move the milk di­ plant qualification that not less than vised except the first and sixth. rectly from the farm to a handler’s plant two-thirds of a cooperative’s member- 4. Under the heading (e) “Annual up­ than it is to haul the milk to Eatonton, producer milk be received at pool dis­ date of production history” the second receive It at the cooperative plant for tributing plants. paragraph is deleted, the third para­ purposes of qualifying the plant, reload In determining whether such coopera­ graph is revised, and a new paragraph it and then haul it back to a distributing tive plant meets the minimum 50 per­ is added following the third paragraph. plant which is closer to where the milk cent shipping requirement generally ap­ 5. Under the heading (f) “Factors to was produced. Consequently, very little plicable to supply plants in this market, be considered in updating production his­ milk actually is moved through the Ea­ all deliveries by the cooperative (acting tory” the seventh paragraph is deleted. tonton facility to supply Georgia dis­ as a bulk tank handler) on milk de­ 6. Under the heading (g) “New pro­ tributing plants even though it provides livered to pool distributing plants would ducers” two new paragraphs are added a supply-balancing function for the be considered as having been received following the ninth paragraph. Georgia market. first at the association’s plant qualifying 7. Under the heading (h) “Allocation If the Eatonton plant were not a pool under this provision. If the cooperative of Class I bases” a new paragraph is plant, at least some of the reserve supply were to operate more than one supply added following the third paragraph. of the market received at Eatonton still plant all such direct deliveries of member 8. Under the heading (i) “Base trans­ could retain pool status as diverted milk. producer milk to pool distributing plants fers” the 21st and 22d paragraphs are The order requires, however, that 10 would be assigned for this purpose to the revised. days’ production of each producer must supply plant nearest Atlanta. be received at a pool plant during each At the hearing, a proprietary handler 9. Under the heading (j) “Provisions month to be eligible for diversion on for allocation of hardship and inequity” the remaining days of the month. Since representative expressed concern that the seventh paragraph is revised. it is most economical to receive at the large volumes of distant milk could be The material issues on the record Eatonton facility each day the milk lo­ associated and pooled under the order if relate to: cated nearest the plant, it would be nec- a provision of this kind were adopted.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 No. 235-----5 23224 PROPOSED RULE MAKING However, it is concluded that the condi­ deliveries whether such milk is received prior to the effective date of the new tions for pool participation set forth at a pool plant, or is diverted therefrom Class I base plan. Consequently, produc­ herein will insure that only the regular to a nonpool manufacturing plant under ers who purchased 1970-71 base under reserve supply for the Georgia market Idle rules for diversion. the present seasonal base plan will not will be pooled. In an exception, producer organiza­ receive credit for production history as­ Additional supply plants of the co­ tions reiterated their objections to the sociated with such bases. All bases issued operative could qualify, of course, for continuation of pricing diverted milk at under the present plan must terminate pool supply plant status on the basis of. the point of actual receipt. For the rea­ on the effective date of a Class I base actual shipments from the plant to pool sons set forth herein such exception is plan, and production history associated distributing plants under the 50 percent overruled. with such bases earned under the present rule. 3. Adoption of a Class I "base plan.plan may not be transferred. 2. Pricing point on diverted milk. NoProducers supplying plants regulated by The only exception would be in the change should be made in the current the Georgia Federal order should have case of an intrafamily base transfer Georgia order with respect to the pricing the opportunity to decide whether the which occurred prior to the effective date point on diverted milk. Milk diverted proceeds from the sale of their milk of the new plan, in which the herd and from a pool plant to a nonpool plant should be distributed among them by farm were transferred with the base and should continue to be priced at the loca­ means of a Class I base plan issued in there was an uninterrupted continuation tion of the plant to which diverted rather conformity with the Agricultural Act of of the same dairy operation. In such case than the pool plant from which diverted, 1970. the production of the transferor pro­ as proposed. At the present time, producers under ducer would be considered as having been The purpose of the location adjust­ the Georgia order are paid in accordance delivered by the transferee producer. ment is to reflect the value of the milk at with the terms of a 12-month seasonal To alleviate this situation the recom­ the point of receipt. The uniform price base-excess plan. mended decision provided that the effec­ for base milk paid to producers for (1) The purpose of the Class I base tive date of the Class I base plan would diverted milk in this market should be plan. The purpose of the Class I base plan be delayed until March 1, 1972. This the price applicable at the plant of physi­ is to provide a method for producers reg­ would permit producers who purchased cal receipt, not the price applicable at ulated by the Georgia order individually base under the current seasonal base the plant where the milk was received to adjust production to meet the Class I plan, in the expectation that they would prior to diversion. When producer milk is needs of the market. Cooperative organi­ enjoy the benefit of such base until Feb­ moved from the farm to a nonpool plant zations representing a majority of the ruary 29, 1972, to gain a full return on at which no location adjustment applies, producers on the Georgia market pre­ their investment. the producer pays the cost of moving his sented all the testimony in favor of the Proponents of the Class I base plan milk to such plant. When milk is diverted proposed base plan. There was no oppo­ expressed the view that delaying the to a nonpool manufacturing plant at sition to the proposed base plan. How­ effective date until March 1 would pro­ which a location adjustment is applica­ ever, a proprietary handler representa­ vide an incentive to farmers to increase ble, it is appropriate that the difference tive suggested modifications regarding their production dining the coming Sep- in the price at such location be reflected certain aspects of the proposal. tember-January period in order to take in the uniform price received by the The proposed base plan is designed to advantage of the new plan. We cannot producer. adapt to changing supply-demand condi­ agree with this argument. Producers who Proponents of the change in the pric­ tions. Under it new producers coming increase their production, or who become ing point on diverted milk contended on the market would be able to earn, over producers, during the coming base-form­ that in the Georgia market, most manu­ a reasonable period of time, bases com­ ing period will receive approximately the facturing plants are located a consider­ parable to those of other producers. Sim­ same monetary returns for their milk and able distance from the market, and that ilarly, it would provide a means whereby earn the same production history for the cost of moving milk from the pro­ any producer desiring to increase his future base computations regardless of ducers’ farms to such plants sometimes production and thus earn additional base whether the present seasonal plan or the exceeds the cost of moving milk to the may do so. new Class I base plan is in effect. pool distributing plants. However, when Under the plan proposed herein pro­ A producer who increases production milk is priced at the plant from which ducer bases would be adjusted annually will receive only the excess price for diverted, this cost is borne instead by all to reflect changing supply-sales condi­ his additional production regardless of producers on the market since the tions. While the plan provides a means which plan is in effect. Similarly, a dairy amount of the location adjustment ap­ whereby new producers may earn bases farmer who begins production on Sep­ plicable at the point of receipt otherwise and established producers may increase tember 1, will receive the base price for would enhance the uniform price for base their bases, it also provides that base- 50 percent of his deliveries regardless of milk. holding producers who reduce their mar­ which plan is in effect. Pricing the milk at the point of receipt ketings will not be adversely affected. When Class I bases are computed on will insure that milk will not be moved This would be accomplished by providing March 1, 1972, the producer will receive uneconomical^ or undue distances at that a producer’s production history the same credit toward computing his other producers’ expense. It will further would not be reduced as long as he mar­ new production history and Class I base protect the uniform price for regular kets a volume of milk at least equal to under either plan. Thus, a delay until producer suppliers by eliminating the in­ his Class I base. March 1, 1972, will neither afford an in­ centive to associate with a plant in the In its brief, the proponent cooperative centive for a so-called “race for base”, central market dairy farmers whose milk organization stated that a number of nor will it affect the monetary returns of usually is received at a'distant point, and producers had purchased 1970-71 bases producers. Such a delay, however, will then to divert such milk to the plant of under the seasonal base plan. In order permit those producers who, in good usual receipt while drawing from the to provide an equitable transition from faith, acquired seasonal base by trans­ Georgia pool the applicable uniform the base-excess plan, presently a part of fer to avoid the financial loss they would price f .o.b. central market. the Georgia order, proponent stated that incur if the Class I base plan were made At the hearing and also in its brief, the all transfers of 1970-71 base under the effective at an earlier date. proponent cooperative association indi­ present plan, purchased by producers be­ In exceptions, producer organizations cated that the proposal to change the tween March 1971 and the effective date indicated that delaying the effective date pricing point on diverted milk should be of this order, should be assigned to them of the base plan alleviates some of the adopted to make it clear that diverted under the new base plan. There is no problems regarding transfers of seasonal milk may qualify as base milk under the basis, however, for such a transfer of bases. However, they stated that the Class I base plan. The Georgia order, as production history. The Agricultural Act method proposed in the recommended amended herein, makes it clear that a of 1970 does not provide that a producer decision for computing initial produc­ producer will receive credit under the be credited with production history as­ tion histories can penalize producers who Class I base*plan for all his producer milk sociated with a seasonal base purchased have purchased a seasonal base and a

FEDERAL REGISTER, V O L 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23225 dairy herd since March 1, 1971, and in­ These are the months in which Class I The other producer would deliver only creased their level of production accord­ sales by handlers regulated by the 152,000 pounds of milk and would re­ ingly. Such producers would be adversely Georgia Federal order are the highest ceive a base of only 993 pounds. Since affected because their assigned produc­ relative to the market supply. Use erf each produced 153,000 pounds during tion history at the outset of this Class I these 5 months will create production the 153-day period, each should receive base plan would not be consistent with Incentives consistent with Class I sales a base of 1,000 pounds. their current level of production. It was patterns of handlers regulated under the In addition, the use of a common di­ pointed out that a significant number of Georgia order. visor of 153 would work a hardship on base transfers have occurred since The representative period for the com­ a producer who may be off the market March 1, 1971, under the seasonal plan putation of initial production histories for a few days through no fault of his currently effective in the Georgia order. and Class I bases is the 12-month period own. A producer’s health permit may After careful consideration of the ex­ extending from March 1971 through be suspended temporarily because pesti­ ceptions it is concluded that the Initial February 1972. On March 1 of each suc­ cide residues are found in milk even production history of each producer ceeding year the succeeding 12-month though the source of that residue may should be based on each producer’s de­ period would be added to the representa­ have been purchased hay. A dairy farmer liveries during the September 1971- tive period until a 3-year period had been may intend to begin shipping milk to the January 1972 period only, as discussed accumulated. Thereafter a 3-year rolling market as a producer on September 1, later in this decision. Accordingly, in ad­ average would be used. Production data but his actual entrance on the market, dition to delaying the effective date until in the most recent period would be added for one reason or another, may be de­ March 1, 1972, as provided in the recom­ and the oldest data would be dropped. layed a few days. Other producers may mended decision, this decision provides In computing the production history of have milk rejected for high acidity re­ that Initial production history will be each producer only his production in the sulting from a power failure, or other computed on the producer’s average dally months of September through January circumstances over which the producer deliveries during the period of Septem­ would be used. His production history has no controL ber 1971 to January 1972. would be computed from his average The proponent cooperative organiza­ (2) A description of the Class I basedaily deliveries during these 5 months tions recognized these problems and in­ plan adopted, herein—(a) A summary of of each 12-month period. corporated a provision in the Class I the basic features of the Class I base The months of September through base plan which would allow a producer plan. The new Class I base plan adopted January are the months in which Class 8 days to correct the situation without herein generally follows the form of base I sales by handlers regulated by the penalty to the producer with respect to plan proposed by producer representa­ Georgia Federal order are the highest his Class I base. The 8-day grace period tives. relative to supply. Use of these 5 months is adequate and reasonable. Any pro­ Class I bases would be assigned to eligi­ to compute production histories will cre­ ducer problem covering failure of de­ ble producers on the effective date of the ate production incentives consistent with livery of more than 8 days’ production base plan and would be updated on Class I sales patterns of handlers regu­ should be considered by the hardship March 1 of each year thereafter. lated under the Georgia order. committee. The total Class I bases to be assigned In addition, this particular 5-month Accordingly, it is provided, that, in would equal 115 percent of the average period was chosen by producers because determining a producer’s average daily daily producer milk used in Class I dur­ it is the base-forming period for the deliveries during the September- ing the previous September-January seasonal base-excess plan now effective January period, his total deliveries will period. For the purpose of allocating in the current Georgia order. Since be divided by the number of days of Class I bases to producers, such quantity Georgia order producers have conducted production represented by such de­ would be prorated to the production their entire dairy operations including liveries or by 145, whichever is greater. history of each producer. feeding, breeding, and farm manage­ ment with this 5-month period as the (c) Production history period. The New producers coming on the market base forming months, it would be desir­ base plan provides for a 3-year rolling would be assigned Class I bases or base able to continue with the same Septem­ average to determine the production his­ milk at a time and in an amount depend­ ber-January period under the Class I tory of each producer for use in assign­ ing on the circumstances of their entry base plan. ing him a Class I base. In each such into the market. The various categories There are 153 days in the 5-month year (the 12-month period of March of new producers and the manner in period. However, dividing a producer’s through February), the average daily which their base assignments would be total deliveries during the representa­ deliveries of the producer during the made are specified in subsequent findings tive period by 153 creates inequities when months of September through January and conclusions. most producers are on every-other-day would be used to establish his produc­ (b) Representative period. With re­ delivery. tion history for that year. His 3-year spect to the representative period and For the most part, the milk of Georgia production history base would be the computation of production history, the order producers is picked up on an simple average of his daily producer Agricultural Act of 1970 provides: “and every-other-day basis. Producers de­ milk deliveries during the September- (f) a further adjustment, equitably to livering milk on the first day of Septem­ January period of each of the 3 years. apportion the total value of milk pur­ ber and every other day thereafter In addition to providing a method for chased by all handlers among producers through January 31 would have de­ each producer to share in the Class I on the basis of their marketings of milk livered 154 days’ production during the milk of the market in relation to his which may be adjusted to reflect the 5-month period. Producers picked up on marketings; over a period of 3 years, the utilization of producer milk by all September 2, and each succeeding alter­ order must provide for the assignment handlers in any use classification or nate day thereafter, would have de­ of bases to producers with a production classifications, during a representative livered only 152 days’ production during history of less than 3 years. period of 1 to 3 years, which will be auto­ the 5-month period. If the total volume The Agricultural Act of 1970 provides matically updated each year.” of milk delivered dining such period is that a new dairy farmer, upon becoming The representative period for the com­ divided by 153, one producer’s base is a producer under the order, will be as­ putation of production histories and enhanced and the other producer’s base signed a base consistent with the supply Class I basis would be a 3-year period is reduced as a result of the use of this and demand conditions on the market, consisting of three 12-month periods common divisor. the development of orderly and efficient extending from March of one year To illustrate—in the case of two pro­ marketing conditions and the interests through February of the next year. The ducers, each producing exactly 1,000 of producers under the order, other production of each producer to be pounds per day, one whose milk is re­ dairy farmers and the consuming pub­ credited to his production history each ceived on September 1, and on each al­ lic. The Act further provides that bases year would be his average daily deliveries ternate day thereafter, would have so assigned shall, for a period of not during the months of September through delivered 154,000 pounds of milk and more than 3 years, be reduced by not January in each such 12-month period. would receive a base of 1,007 pounds. more than 20 percent.

FEDERAL REGISTER, V O L 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23226 PROPOSED RULE MAKING In view of the-current and anticipated tive date of this base plan the market average Class I base during the most supply-demand situation in the market, administrator would update the produc­ recent September-January period, then it is provided that the production history tion history for each eligible producer on such producer’s production history would base of a new producer shall be reduced March 1 of each year thereafter. be reduced in proportion to the amount only for his first year on the market. Producers assigned an initial produc­ his average daily Class I base exceeds his (d) Initial production history. Follow­ tion history base on March 1,1972, would average daily delivery during the im­ ing the adoption of the base plan the be assigned a 2-year production history mediately preceding September through market administrator will compute and base on March 1, 1973. If such producer January. assign a production history for each eli­ increased his production during the Sep­ In effect, a producer who is assigned gible producer. The production history tember 1972-January 1973 period he a Class I base assumes the duty of sup­ for each producer will be computed on would have his production history base plying the market with a certain volume an average daily basis. increased by one-half of the amount of of milk. When he fails to deliver that The recommended decision provided the increase. The production history amount it is fitting that his assigned that the representative period to be used base so assigned would be effective from share of the market be reduced by the initially in computing the production March 1973 through February 1974. amount of his underproduction. This is history of the producer who had deliv­ Similarly, on March 1, 1974, a pro­ accomplished by reducing his produc­ ered producer milk continuously since ducer assigned a 2-year production his­ tion history base in proportion to his September 1969, would be either of 2 tory base on March 1, 1973, who in­ underdelivery of Class I base milk. Pro­ years (March 1969-February 1970 or creased his production during the period ponents proposed that the production March 1970-February 1971), whichever September 1973-January 1974 would history base be reduced by the amount represented his higher production during have his production history base in­ that the producer underdelivered his the months of September through Janu­ creased by one-third of the amount of base. ary, plus his average production during the increase in production above the ini­ Since Class I bases are a percentage the September-January period of the tial level. Such production history would of a producer’s production history, only year March 1971 to February 1972. be effective from March 1974 through by reducing his production history base However, as noted above, it has been February 1975. in proportion to his underdelivery of base concluded herein that the initial com­ On March 1 of each year thereafter milk, will the producer receive a new putation of production history base the average daily computation for the Class I base on the same basis as all should be determined on the basis of a most recent September-January period other producers on the market. producer’s average daily deliveries dur­ would be added and the oldest data It is provided, however, that in no ing September to January of the year would be deleted in computing the 3-year event shall a producer’s production his­ March 1971 to February 1972. rolling average production history for tory base be reduced by more than 25 Producers delivering producer milk on each producer. percent in any one year as a result not less than 100 days during the Sep­ A producer who had not been assigned of underdelivery. Proponents requested tember 1971-January 1972 period would ■ a production history previously but who such a modification on the basis that a be assigned an initial production history had delivered at least 90 days’ produc­ producer’s deliveries could not fall below base by the market administrator. Such tion prior to March 1 would be assigned 25 percent of his base, except in the case production history base would consist of a production history equal to his average of some catastrophe. Limiting produc­ his average daily deliveries during the daily deliveries during such period. The tion history reductions to 25 percent will 5-month period. production history base assigned to such limit the number of hardship claims A producer who delivered less than 100 producer would be 80 percent of his pro­ which will be submitted for review by days during the September 1971-January duction history. This initial allotment the hardship committee. 1972 period, but had delivered for at least would be updated by including his aver­ Under the Class I base plan adopted 90 days on March 1, 1972 would have a age daily deliveries in two subsequent herein, a producer could also modify his production history base equal to 80 per­ September-January periods until a 3- assigned production history through cent of his deliveries during his first year production history is established for such producer. After a 3-year production transfers. Thus, when a producer dis­ 3 months of delivery, adjusted to reflect history is established, the data for the poses of Class I base by transfer, he auto­ the seasonality of production on the most current September-January period matically transfers v a proportionate market. would be added and the oldest deleted. amount of the production history asso­ Producers delivering producer milk for (f) Factors to he considered in updat­ciated with such Class I base. Accord­ less than 90 days on the effective date of ing production history. The basic factors ingly, this amount of production history the base plan would have no initial pro­ to be considered in updating each pro­ duction history. Such producers would ducer’s production history on March 1 would be subtracted from that previously assigned to him in arriving at his updated be assigned a Class I base in accordance each year are: (1) His average daily production history. Similarly, production with the provisions applicable for new production dining the most recent Sep­ history associated with the acquisition of producers. tember-January period; and (2) his Class I base would be added to his as­ In view of the current and anticipated production history subject to adjust­ supply-demand situation in this market, ments for underdelivery, transfers, and signed production history. Also, any ad­ the 80 percent figure adopted herein for hardship. justment for hardship or inequity would use in the assignment of initial produc­ The Act of 1970 provides that a pro­ be accounted for in terms of a propor­ tion history to a producer who had de­ ducer may retain his previously assigned tionate amount of production history. livered milk for at least 90 days prior to production history even though he re­ This recognizes that a producer’s effec­ March 1, both on the effective date of duces his marketings, unless his market­ tive Class I base could change during the the order and on the occasion of subse­ ings fall below the level of his Class I year due to transfers. quent updating of production history, base. If an adjustment is necessary in a pro­ will contribute to orderly and efficient In updating the production history of ducer’s production history and Class I marketing conditions. It will afford rea­ each producer with regard to under­ base as a result of: (1) The acquisition sonable opportunity for the establish­ delivery, these rules would be applicable. or disposition of Class I base by transfer; ment of new production units, yet will If a producer delivers an amount equal or (2) the decision of the hardship com­ not disrupt the market for established to his Class I base times the number of mittee, such producer’s production (e) Annual update of production his­ days in the months of September history and Class I base would be up­ tory. Following the computation of an through January, his production history dated immediately or as of the effective initial production history on the effec- for the next year would not be reduced. date of the transfer or the hardship com­ producers. If a producer delivers less than his dally mittee’s action.

FEDERAL REGISTER, V O L 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23227 (g) Hew producers. The law requireswould be assigned Class I base milk in an signed to all producers serving the that a base be assigned to a new producer amount equal to 50 percent of his pro­ Georgia market. who comes on the market because the ducer milk deliveries each month. The proponent cooperative association nonpool plant to which he has been de­ A new producer coming on the market proposed the assignment of 110 percent livering milk becomes a fully regulated during the months of February through of the net Class I sales. However, a 10 plant under the Georgia order. His pro­ August would be assigned Class I base percent reserve would not provide an ade­ duction history and Class I base would be milk in an amount equal to 50 percent of quate reserve supply to fulfill Class I determined in the same manner as for a his deliveries each month, effective the needs in the market. Therefore, allocat­ producer who had been on the market, first day of the third pay period in which ing Class I bases equal to 110 percent of depending on his average daily milk de­ such producer delivers producer milk Class I use would be insufficient to meet liveries diming the productive history pe­ under the Georgia order. the changing day to day, weekend, and riod. Such Class I base would be assigned This method of assigning base milk to holiday supply-demand situations as well to him effective on the date on which he new producers will encourage new pro­ as the normal seasonal fluctuation asso­ becomes a producer under the Georgia duction units to enter the market at a ciated with milk production. order. time when their milk will not contribute The 115 percent figure adopted herein A Class I base would also be assigned to a burdensome supply. Paying new pro­ should provide an adequate supply to to a producer who had been a producer- ducers for 50 percent of their ffiilk as meet the fluid demand and provide the handler in the past. His production base milk will provide an incentive for necessary reserve to allow for the chang­ history and Class I base would be com­ such producers to come on the market ing supply-demand conditions. puted as if his milk production received and earn bases, rather than acquire base In their exceptions, producer organi­ at his plant had been delivered to a pool by transfer. This will tend to prevent zations excepted to the recommended de­ plant. bases from taking on an excessive value. cision providing for assignment of bases It is required under the law that a new In their exceptions proponent cooper­ equal to 115 percent of producer milk producer who previously delivered to a atives held that during the months of used in Class I, and continued to support nonpool plant and comes on the market June, July, and August the amount of their proposal which included the 110 as an individual (rather than because Class I base milk assigned non-base- percent figure. However, in the Georgia the plant to which he had been deliver­ holding producers should be adjusted by market 110 percent of producer milk used ing becomes regulated) be assigned a the same percentage as the Class I bases in Class I is not sufficient to meet the base within 90 days after his first de­ of base-holding producers during those total Class I disposition in the Georgia livery under the order. Such a base would months. As discussed below, Class I bases market. For this reason and the others be assigned only to a producer market­ are adjusted in June, July, and August stated herein the exception is overruled. ing milk from the same production facili­ to reflect the lower Class I utilization This plan provides that the total of ties from which he marketed milk during of producer milk. It is concluded that Class I bases to be assigned would be 115 the representative period. Under the pro­ the assignment of base milk to non-base­ percent of producer milk used in Class I posed Class I base plan, such a producer holding producers in these months by handlers in the market in the preced­ would be assigned to Class I base on the should likewise be adjusted to reflect the ing period of September through Janu­ first day of the third pay period in which seasonality of Class I sales. 'This action ary. The quantity of Class I milk used in he began producer milk deliveries under is necessary to insure uniform applica­ this computation would include: the Georgia order. Then he would be as­ tion of the seasonal adjustment to all (1) Total producer milk disposed of as signed a production history and a Class I producers entitled to receive the Class Class I by all regulated handlers during base computed from his deliveries to non­ 1 base price for a portion of their milk. the immediately preceding September- pool plants and to pool plants as if all January period: such deliveries had been to a pool plant. An attorney, representing six propri­ etary handlers, excepted to the failure to (2) Class I disposition of plants which For producer milk delivered in the period were nonpool plants during part or all prior to such assignment of Class I base assign base milk immediately to new producers commencing delivery to the of the September-January period and such a producer would receive only the which were pool plants in the second Class H price. market during the months of February- August. He stated that pricing all of a month preceding the effective date of the Another category of new producers in­ new plan; and cludes those who had not produced milk producer’s milk at the excess price for previously and have not acquired base by 2 months, if he enters the market dur­ (3) The Class I disposition of persons transfer. ing the February-August period, is un­ who were producer-handlers during part Such new producers would be assigned duly harsh and restrictive. However, for or all of the September-January period, base milk until a production history and the reasons stated herein this exception and in the second month preceding the Class I base can be established for such is overruled. effective date of the new plan have pro­ producers based on their deliveries in a The Agricultural Act of 1970 requires ducer status. subsequent September-January period. that if any producer delivers a portion of The total of such Class I disposition The effective date of the base assign­ his milk to plants not fully regulated by during the September-January period ment would vary depending upon the an order, his Class I base allocation would be multiplied by 115 percent and month in which such new producer en­ should be reduced accordingly. Therefore, averaged on a daily basis. The resulting ters the market. if a producer delivers a portion of his quantity would be prorated to the pro­ Under the base plan, adopted herein, milk to an nonpool plant (except by di­ duction history of individual producers. a new producer coming on the Georgia version) during the month, he would re­ The quantity prorated to each producer market during the September-January ceive no credit for base deliveries on the will be his “Class I base.” period when the milk is needed most be­ days on which milk was delivered to such For purposes of this proration, the re­ cause Class I sales are highest would be nonpool plants. His base milk for the lationship between Class I base and pro­ assigned Class I base milk immediately. month would be computed by multiply­ duction history will be expressed as a A new producer coming on the market in ing his Class I base by the number of days percentage called the “Class I base per­ other months when milk supplies have in the month on which his entire pro­ centage.” The Class I base percentage been more than adequate to meet fluid duction was delivered as producer milk. would be computed by dividing the sum needs in the Georgia market would not (h) Allocation of Class I bases. On theof the production history into the total be assigned Class I base milk until the effective date of this base plan, the Class I to be assigned, with the resulting third month of his delivery of producer market administrator will compute a ratio converted to a percentage by multi­ milk. In the interim, such producer “Class I base” for each producer based plying by 100 and rounding to the third would receive a price reflecting the low­ on his initial production history. The decimal place. est use classification for all his producer production history for each producer will Each year producers’ Class I base will milk deliveries. be adjusted by a ratio computed by divid­ be updated to reflect changes in Class I A new producer making his first de­ ing 115 percent of Class I sales in the sales and production history. The Class I livery of producer milk during the 1971-72 September-January period by milk quantity to be used for the updating months of September through January, the sum of the production history as- would be that disposed of by regulated

FEDERAL REGISTER, V O L 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23228 PROPOSED RULE MAKING handlers in the preceding September- tion. A producer building base from his is accompanied by a dispersal sale at January together with the Class I milk of own production must develop a produc­ which the herd and the base are dis­ any former nonpool plant which became tion history which would be in excess posed of simultaneously. When the en­ a pool plant and held pool plant status in of his allotted Class I base. To reduce tire herd is dispersed, the base of the January preceding the March 1 on which his production in accordance with his selling producer should be transferable the new bases are to be computed. The Class I base, a producer would have to on the same date. However, if applica­ Class I sales of former producer-handlers reduce his operation, which, after tion for transfer is not made within the would likewise be included if such persons possibly investing in expensive equip­ 5-day period, the transfer would be­ were producers in January preceding the ment, he would be reluctant to do. come effective as of the first day of the March 1 date. Acquiring a base by transfer, therefore, following month. The law also provides that an order would help a producer adjust his pro­ Partial transfers of base, in 100-pound may include a provision to encourage duction to his share of the market in a multiples, would be effective as of the seasonal adjustments in milk production. way which would be beneficial to him as first day of the month following that in The base plan adopted herein would pro­ well as to existing baseholders. which the application for transfer is vide for a seasonal reduction of Class I Providing for transfers of base also made to the market administrator. An bases in the summer months of June, would help established producers to ad­ exception is made for the month of July, and August. This reduction would just the scale of their operations. An March because a producer does not know reflect the decrease in the average daily established producer could purchase until March 5 of each year what his Class I sales during the summer months Class I base to cover an increase in his Class I base will be for the 12-month relative to the average daily Class I sales milk production, thus avoiding the period beginning March 1. in the other 9 months. The seasonal ad­ necessity of establishing a greater pro­ A producer who finds that his estab­ justment would encourage producers to duction history himself. A producer de­ lished base exceeds his anticipated pro­ increase production in the fall when siring to decrease the scale of his opera­ duction for the year will be permitted Class I sales are highest and milk is tion, perhaps as a result of ill health or to transfer that portion of his base in needed and to decrease production in the a shortage of labor, would have oppor­ excess of his requirements to another summer when Class I sales are lowest and tunity to do so. In the absence of trans­ producer effective as of March 1. For the milk supply is more than adequate fers, a producer may reluctantly continue such transfer to become effective on to meet the fluid demand. production at the same level. March 1, the signed application for Thus, on March 1 of each year the While base transfers would be per­ transfer must be received by the mar­ market administrator would: (1) Update mitted, the Act requires that bases should ket administrator no later than March 15. the production history for each producer; not take on an “unreasonable value.” The dates on which notice of transfer and (2) adjust the production history of Several features of the plan adopted must be filed with the market adminis­ each producer by a ratio reflecting the herein would keep bases from taking on trator are the same as those incorporated relationship between Class I sales and the an unreasonable value. The Class I base in the present seasonal base-excess plan. total amount of production history plan allows a new dairy farmer to estab­ They are equally appropriate for the allotted to producers under .the Georgia lish a production history for himself and Class I base plan. Hie reasons for the order. For June, July, and August each earn a full base over a 3-year period. adoption of these dates are set forth assigned Class I base is reduced season­ Thus, the producer does not have to in the decision of the Assistant Secre­ ally according to the relationship be­ buy a base to assure the base price for tary issued August 18, 1970 (35 F.R. tween Class I sales in June, July, and a portion of his milk production. There 13454), which is officially noticed. August compared with Class I sales in is less incentive for a new producer to To further insure that there will be the months of September through May buy base when he can earn one himself. no month-to-month transfers between on a daily average basis. Similarly, an established producer may producers or between groups of producers Following these three computations by increase his Class I base by building up to enhance unduly the returns of the the market administrator each producer a greater production history through his producers who are parties thereto, no would be assigned a share of the Class I own production. With the option of producer who has received base by-trans­ sales in the Georgia market. The assigned earning additional base himself, such fer will be permitted to dispose of any base would be effective for 1 year from producer will have less incentive to buy base to another producer until 3 full March 1 through February of the follow­ base under the Class I base plan. months have elapsed. Similarly, no pro­ ing year. (2) The rules regarding base transfers.ducer who has transferred base to Using the most current data to make Under the base plan, Class I bases estab­ another will be permitted to acquire the base computation, it is estimated that lished on producer milk deliveries for additional base by transfer until 3 full for each 100 pounds of production history not less than 100 days in the preceding months have elapsed. Such rules will during the September-January period, a September-J anuary period would be not interfere with the acquisition of ad­ producer would receive a Class I base of transferable. Allowing base transfers ditional base by a producer who intends approximately 90 pounds. This would be would facilitate adjustments by produc­ to increase his production on a long­ reduced to approximately 81 pounds for ers desiring to expand or contract their term basis, nor will they adversely affect the months of June, July, and August. operations. In addition, transfers of base the producer who is reducing the size (i) Base transfers—(1) The need forwould provide producers an opportunity of his operation and desires to dispose of base transfers. The Agricultural Act of for more economical milk production and base in excess of his anticipated 1970 provides that bases allocated to would contribute to the maintenance of production. producers may be transferable under an an adequate supply of milk for the mar­ In the case of jointly held bases, order pursuant to the terms and con­ ket. The following rules would be appli­ transfers of either the entire base or a ditions set forth in that order, includ­ cable to base transfers under the Class I portion thereof would be recognized only ing those which would prevent bases base plan adopted herein. if the application for transfer is signed taking on an unreasonable value. Con­ A producer may transfer his base in by each of the joint holders. In the case sidered by proponent to be an important its entirety or in multiples of 100 pounds. of bases held by estates or held in trust, part of the base plan as adopted herein, These limits are administratively practi­ the executor or trustee would have au­ the transfer provisions should be in­ cal and should be adequate. thority to sign an application for trans­ cluded in this order for several reasons. The transfer of an entire base may be fer of such base. Base transfers allow new producers to made effective as of the day on which A base established by two or more obtain base quickly and in a manner the transfer takes place, if the market persons, operating a dairy farm as joint which would not dilute the base pool. administrator receives an application owners or as a partnership, may be di­ This method promotes an orderly alter­ for such transfer within 5 days of the vided between the owners. Such division native to base building. Moreover, a pro­ transaction. Usually an entire base is will be effective on the first day of the ducer can plan his production in accord­ transferred only in the case of death or month following receipt of written noti­ ance with his share of title Class I sales the retirement of the producer. In the fication by the market administrator in­ from the beginning of his dairy opera- latter instance, the base transfer often dicating the agreed division and signed

FEDERAL REGISTER, V O L 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23229 by each baseholder (joint owner, part­ changing values of Class I base. The also. In the absence of some limitation, ner, heir, executor, or trustee). 1-year period adopted herein should be a producer-handler could easily switch The rules regarding base transfers dis­ sufficient to eliminate any incentive for to producer status, be assigned a full cussed thus far in these findings are a producer to engage in the practice of Class I base, and then sell it. A 1-year similar to the rules pertaining to base selling his base and obtaining a new one. time limitation on the transfer of base transfers with respect to the seasonal A similar situation and treatment by a former producer-handler will pre­ base-excess plan which is currently ef­ should apply to a producer assigned a vent such windfalls at the expense of fective under the Georgia order. Prom Class I base who ceases deliveries for a other producers. This 12-month waiting an administrative point of view, these period and then returns at a later time. period would begin to rim when the base rules have worked well in the current The base plan proposal provided that a is allotted to the producer-handler and Georgia order. Such rules would be producer assigned a Class I base who would apply to any family member who equally applicable and effective for the failed to ship producer milk during the receives this base via the intrafamily Class I base plan adopted herein, and immediately preceding 12 months and transfer provision. therefore should be continued. has not transferred his base would for­ The Class I base plan also should pro­ In addition to the rules regarding base feit such base and production history vide that a producer who desires to be­ transfers, which have been discussed al­ effective March 1. The 12-month period come a producer-handler must forfeit ready, certain other conditions are neces­ is excessive, however. Except for situa­ the maximum amount of Class I base and sary to discourage producers from selling tions beyond his control (which are cov­ production history base held at any time their bases and earning new bases. ered by the rules applicable to hardship) during the preceding 12-month period The base plan proposal provided that cessation of deliveries for as long as 90 before he can be designated a producer- a producer transferring his entire base to days would indicate that a producer no handler. This provision is necessary to another person would not be eligible to longer intended to continue regular sup­ assure that such a person does not re­ receive a base as a new producer for ply service to the market. ceive a windfall by having a Class I base 3 years after the effective date of such The Class I base plan should operate available for transfer and simultane­ transfer. to encourage a steady and reliable sup­ ously having exemption as producer- A producer who sells his entire base, ply for the market. It would not serve handler. This forfeiture should also be and resumes production at a subsequent this purpose if a producer could, of his required if producer-handler designa­ date, is not a new producer in the same own free will, cease deliveries to the tion is to be issued to any member of such sense as other nonbaseholding dairy market for an extended period, and then a producer’s family, any affiliate of such farmers. Therefore, he need not be as­ return to the market with the privilege a producer, or any business unit of which signed a Class I base subject to the same of receiving payment under the plan for such a producer is a part. This is neces­ terms and conditions as other dairy Class I base milk in the same amount sary in order to prevent windfall bene­ farmers who become producers for the as before he left the market. Therefore, fits. The definition of producer-handler first time under the order. it is provided that if a producer ceases is modified, therefore, to reflect this re­ Obviously, a dairy farmer who disposes producer milk deliveries for more than quirement that a former producer must of his entire Class I base by transfer does 90 consecutive days under this base plan forfeit his base before attaining pro­ so with the knowledge that he is thereby his assigned Class I base and production ducer-handler status. disposing of his privilege to receive re­ history will be forfeited. An intrafamily transfer involves the turns for his milk at the minimum base There would be only one exception to transfer of base from the baseholder to price under the order. He would be aware this rule. A producer who enters the mili­ a member of his immediate family (in­ that under these circumstances he would tary service would retain his Class I cluding transfers to an estate and from be eligible to receive only the excess base and the associated production his­ an estate to a member of the family), price as long as he has no base. tory until 1 year after such person is provided that the transfer implements Normally, he would receive a payment released from active military service. a continuous operation on the same farm in return for the sale of his base. If the A time limitation on transferring base with the same herd. payment so obtainable by sale is sub­ is another feature of this new Class I In instances where an intrafamily stantial, and the producer could get a base plan. With the exception of intra­ transfer has occurred under the present new base assignment without delay, there family transfers, Class I bases computed seasonal base-excess plan resulting in would be a strong incentive for many for producers established on deliveries of the maintenance of a continuing farm producers to engage in milk production in producer milk for less than 100 days dur­ herd production unit, the operation shall large part for the returns to be obtained ing the preceding representative period, be considered as one operation for estab­ by the sale of Class I base. Such a situa­ and bases computed for dairy farmers lishing production history base under tion would be contrary to the statutory who become new producers after the the new Class I base plan. Thus, the requirement that bases should not take effective date of this plan, may not be production delivered by the transferor on an unreasonable value. transferred until 12 months after the producer during base-earning periods Thus, if a producer disposes of his en­ effective date of the base assignment. prior to the effective date of the new tire Class I base by transfer, some time This provision will require a producer Class I base plan is assumed to have limitation on his reentry is justified. to demonstrate his ability and willing­ been delivered by the transferee for use However, the 3-year restriction is unduly ness to supply the market’s needs reg­ in computing a production history base restrictive. It is, therefore, provided that ularly before becoming eligible to trans­ under the new plan. a producer who disposes of his entire fer base. All producers shipping to a non­ (j) Provisions for alleviation of hard­ base by transfer and continues in pro­ pool plant which becomes a pool plant ship and inequity. The Agricultural Act duction or subsequently resumes produc­ would be assigned a Class I base. Such of 1970 requires that provision be made tion will not be eligible to be assigned a plant could get a short-term contract for the alleviation of hardship and in­ a base as a new producer for 1 year after in the marketing area and lose it a short equity among producers. Therefore, cer­ the date on which such producer trans­ time later. However, if such producers tain administrative guidelines should be ferred his entire base. are allowed to transfer their base im­ established for review of hardship claims Producer organizations excepted to the mediately, the producers shipping to that and the alleviation of hardship and in­ 1-year limitation on a producer’s reentry nonpool plant which became pooled un­ equities to producers under the Class I as a new producer after the sale of his der the Georgia order for a short time base plan adopted herein. entire base. They suggested that at least could sell their allotted bases—thereby Certain provisions are included in the a 2-year period would be necessary to in­ receiving a windfall gain—at the expense order to define circumstances for which sure that such producer would not gain of other producers remaining on the a producer may apply for relief. A pro­ a substantial profit by such action. The market, since the total assigned Class I ducer may apply for adjustment or al­ exact period of time necessary to remove base would be unchanged but the Class leviation of hardship or inequity if he any profit from such a transaction can­ I base percentage would be diluted. feels his production history is not rep­ not be determined precisely because of A time limitation on transfer of base resentative of his level of milk production the many variables, particularly the is needed for other types of producers because of conditions which are beyond

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23230 PROPOSED RULE MAKING his control (such as acts of God, disease, necessary expenses incurred in the ad­ wholesome milk, and be in the public pesticide residue, and condemnation of ministration of the order. The statute interest; and milk). Conditions over which a pro­ expressly requires that provision be made (c) The tentative marketing agree­ ducer could have exerted control through for the relief of hardship and inequity ment and the order, as hereby proposed prudent precautionary measures are among producers. It has been concluded to be amended, will regulate the han­ not cause for hardship adjustment. that the review of petitions for such re­ dling of milk in the same manner as, These conditions would include, for ex­ lief can be handled most effectively by a and will be applicable only to persons ample, inability to obtain adequate labor committee of producers. Hence, the ex­ in the respective classes of industrial or equipment failure during the repre­ pense associated with the operation of a and commercial activity specified in, a sentative base period. Producer Base Committee is one incurred marketing agreement upon which a The producer would be responsible for in the performance of an appropriate hearing has been held. filing a written request for review of any and necessary function of the order. R ulings on E xceptions hardship condition or inequity affecting Therefore, the order should provide that him. Such request would be submitted the necessary expenses incurred by the In arriving at the findings and con­ to the market administrator for future Producer Base Committee be paid from clusions, and the regulatory provisions of review by the hardship committee. A monies collected pursuant to the admin­ this decision, each of the exceptions re­ claimed hardship or inequity would set istrative assessment. ceived was carefully and fully considered forth the following: (1) Conditions that in conjunction with the record evidence. caused alleged hardship or inequity; (2) R uling on Objections To the extent that the findings and con­ extent of relief or adjustment requested; At the hearing a witness for the pro­ clusions, and the regulatory provisions of (3) basis upon which the amount of ponent cooperative association declined this decision are at variance with any of adjustment requested was determined; to answer certain questions on cross the exceptions, such exceptions are and (4) reasons why the relief or ad­ examination. The Hearing Examiner hereby overruled for the reasons pre­ justment should be granted. Such re­ upon being requested to compel the wit­ viously stated in this decision. quest must be filed within 45 days of ness to answer these questions ruled that Marketing Agreement and Order the date on which Class I bases are he was without authority to compel this issued, or of the occurrence to which it testimony. We affirm the ruling of the Annexed hereto and made a part is related. Hearing Examiner which has been fur­ hereof are two documents, a Marketing The market administrator would estab­ ther challenged in a brief filed in behalf Agreement regulating the handling of lish one or more “Producer Base Com­ of six proprietary handlers. milk, and an Order amending the order mittees”. A committee would consist of regulating the handling of milk in the R ulings on P roposed F indings and Georgia marketing area which have been five producers appointed by the market Conclusions administrator. The committee would decided upon as the detailed and appro­ review the requests for relief from hard­ Briefs and proposed findings and con­ priate means of effectuating the forego­ ship or inequity referred to it by the clusions were filed on behalf of certain ing conclusions. market administrator in a meeting called interested parties. These briefs, proposed It is hereby ordered, That this entire by the market administrator. The mar­ findings and conclusions and the evi­ decision, except the attached marketing ket administrator, or his designated rep­ dence in the record were considered in agreement, be published in the F ederal resentative, would be the recording making the findings and conclusions set R egister. The regulatory provisions of secretary at such meeting. The commit­ forth above. To the extent that the sug­ the marketing agreement are identical tee decision must be endorsed by at least gested findings and conclusions filed by with those contained in the order as three of the five members to represent interested parties are inconsistent with hereby proposed to be amended by the a committee quorum. the findings and conclusions set forth attached order which is published with Producer Base Committee recommen­ herein, the requests to make such find­ this decision. dations to deny any request would be ings or reach such conclusions are denied R eferendum Order T o Determine P ro­ final upon notification of the producer, for the reasons previously stated in this ducer Approval ; Determination of subject only to appeal by such producer decision. R epresentative P eriod; and Designa­ to the Director, Dairy Division within G eneral F indings tion of R eferendum Agent 45 days thereafter. Recommendations of The findings and determinations here­ It is hereby directed that a referendum the committee to grant a request, in inafter set forth are supplementary and be conducted and completed on or before whole or in part, would be transmitted in addition to the findings and determi­ the 30th day from the date this decision to the Director, Dairy Division, and nations previously made in connection is issued, in accordance with the proce­ would become final unless vetoed by the with the issuance of the aforesaid order dure for the conduct of referenda (7 CFR Director within 15 days after trans­ and of the previously issued amendments 900.300 et seq.), to determine whether mitted. thereto; and all of said previous findings the issuance of the attached order as The market administrator is author­ and determinations are hereby ratified amended and as hereby proposed to be ized to reimburse committee members for and affirmed, except insofar as such amended, regulating the handling of milk their services at $30 per day, and for findings and determinations may be in in the Georgia marketing area is ap­ necessary travel and subsistence ex­ conflict with the findings and determi­ proved or favored by producers, as de­ penses incurred in carrying out their nations set forth herein. fined under the terms of the order, as duties as committee members. Reim­ (a) The. tentative marketing agree­ amended and as hereby proposed to be bursement to committee members would ment and the order, as hereby proposed amended, and who, during the repre­ be from monies collected under the ad­ to be amended, and all of the terms and sentative period, were engaged in the ministrative expense fund. conditions thereof, will tend to effectu­ production of milk for sale within the At the hearing, a proprietary handler ate the declared policy of the Act; aforesaid marketing area. witness objected to financing the opera­ (b) The parity prices of milk as de­ It is hereby further directed that a tions of the Producer Base Committee on termined pursuant to section 2 of the separate referendum in which each in­ monies collected in the Administrative Act are not reasonable in view of the dividual producer has one vote be con­ Fund. In his brief, an attorney, repre­ price of feeds, available supplies of feeds, ducted and completed on or before the senting six fluid milk processors regu­ and other economic conditions which af­ 30th day from the date this decision is lated by the Georgia order, also objected issued, in accordance with the procedure to the use of administrative fund monies fect market supply and demand for milk for the conduct of referenda (7 CFR to pay for expenses associated with in the marketing area, and the minimum 900.300 et seq.), to determine whether the function of the Producer Base prices specified in the tentative mar­ the proposed base plan of payment to Committee. This same point was repeated keting agreement and the order, as producers’ as specified in the attached in exceptions. hereby proposed to be amended, are such order as amended and as hereby proposed However, the monies collected in the prices as will reflect the aforesaid factors, to be amended, regulating the handling administrative fund are to pay for the insure a sufficient quantity of pure and of milk in the Georgia marketing area is

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23231 separately approved or favored by pro­ fied in, a marketing agreement upon (a) Determine the aggregate amount ducers, as defined under the terms of which a hearing has been held. of producer milk in each class included the order as amended and as hereby Order relative to handling. It is there­ in the computation pursuant to § 1007.61 proposed to be amended, and who, during fore ordered that on and after the effec­ and the hundredweight of such milk that the representative period, were engaged tive date hereof the handling of milk is base milk and that is excess milk; in the production of milk for sale within in the Georgia marketing area shall be (b) Determine the value of the total the aforesaid marketing area. in conformity to and in compliance with hundredweight of milk Of producers The representative period for the con­ the terms and conditions of the order, specified in § 1007.114 (c) and (d) to duct of such referendum is hereby deter­ as amended; and as hereby amended, whom no base milk has been assigned by mined to be September 1971. as follows: multiplying such volume by the Class n The agent of the Secretary to conduct The provisions of the proposed mar­ price; such referendum is hereby designated to keting agreement and order amending (c) Determine the total value of ex­ be E. Hickman Greene. the order contained in the recommended cess milk by assigning such milk in series Signed at Washington, D.C., on De­ decision issued by the Deputy Adminis­ beginning with Class n to the hundred­ cember 2, 1971. trator, Regulatory Programs, on Sep­ weight of milk in each class as deter­ R ichard E. Lyng, tember 8, 1971, and published in the mined pursuant to paragraph (a) of this Assistant Secretary. F ederal R egister on September 14, 1971 section, multiplying the quantities so (36 F.R. 18425) shall be and are the assigned by the respective class prices Order1 Amending the Order, Regulating terms and provisions of this order, and adding together the resulting the Handling of Milk in the Georgia amending the order, and are set forth in amounts; Marketing Area full herein with the following (d) Divide the total value of excess F indings and Determinations modifications: milk in paragraph (c) of this section by 1. Sections 1007.111 and 1007.112 are the total hundredweight of such milk. The findings and determinations here­ revised. The quotient, rounded to the nearest inafter set forth are supplementary and 2. In § 1007.113 paragraphs (b) and cent, shall be the uniform price for ex­ in addition to the findings and deter­ (c) are revised. cess milk; minations previously made in connec­ 3. In § 1007.114 paragraphs (c) and (e) Multiply the total hundredweight tion with the issuance of the aforesaid (d) are revised. of excess milk by the uniform price for order and of the previously issued 1. In § 1007.10 the introductory text excess milk computed pursuant to para­ amendments thereto; and all of said is revised and a new paragraph (c) is graph (c) of this section; previous findings and determinations are added to read as follows: (f) Multiply the hundredweight of hereby ratified and affirmed, except in­ milk specified in § 1007.61(e) (2) by the sofar as such findings and determina­ § 1007.10 Podplant. uniform price for the month; tions may be in conflict with the findings “Pool plant” means a plant specified (g) Subtract the total values arrived and determinations set forth herein. in paragraph (a), (b), or (c) of this at in paragraphs (b), (e), and (f ) of this (a) Findings. A public hearing wassection that is not an other order plant, section from the amount resulting from held upon certain proposed amendments a producer handler plant, or an ex­ the computations pursuant to para­ to the tentative marketing agreement empt distributing plant. graphs (a) through (e) of § 1007.61; and and to the order regulating the handling ***** (h) Divide thè amount obtained in of milk in the Georgia marketing area. (c) For the purpose of qualifyingparagraph (g) of this section by the total The hearing was held pursuant to the a supply plant under paragraph (b) hundredweight of base milk determined provisions of the Agricultural Marketing of this section, a cooperative association in paragraph (a) of this section and sub­ Agreement Act of 1937, as amended (7 supplying pool distributing plants dur­ tract not less than 4 nor more than 5 U.S.C. 601 et seq.), and the applicable ing the month at least two-thirds of cents per hundredweight. The resulting rules of practice and procedure (7 CFR the producer milk of its members (in­ figure rounded to the nearest cent, shall Part 900). be the uniform price for base milk. Upon the basis of the evidence intro­ cluding both milk delivered directly from duced at such hearing and the record their farms and that transferred from 4. In § 1007.70 paragraph (a) (2) is thereof, it is found that: the supply plant(s) of the cooperative) revised and a new paragraph (a)(3) is may count (irrespective of other re­ added to read as follows : ( 1 ) The said order as hereby amended, quirements of § 1007.13(d)) as ship­ and all of the terms and conditions § 1007.70 Time and method of payment. thereof, will tend to effectuate the de­ ments from the plant to pool distributing clared policy of the Act; plants the milk delivered to pool distrib­ (a) * * * (2) The parity prices of milk, as de­ uting plants under § 1007.13(d); in the (2) On or before the 15th day of each termined pursuant to section 2 of the event the cooperative operates more than month at not less than the applicable Act, are not reasonable in view of the one supply plant, all such deliveries shall uniform prices for the quantities of base price of feeds, available supplies of feeds, be assigned, for this purpose, to the milk and excess milk received adjusted and other economic conditions which supply plant nearest Atlanta, Ga. by the butterfat differential computed affect market supply and demand for 2. In § 1007.14, a new paragraph (e) is pursuant to § 1007.71, and in the case of milk in the said marketing area, and the added to read as follows: base milk by the location differential computed pursuant to § 1007.72, subject minimum prices specified in the order § 1007.14 Producer-handler. as hereby amended, are such prices as to the following: will reflect the aforesaid factors, insure ***** (i) Less payments made pursuant to a sufficient quantity of pure and whole­ (e) If such person had been a pro­subparagraph (1) of this paragraph; some milk, and be in the public interest; ducer to whom a Class I base had been (ii) Less proper deductions authorized and assigned pursuant to § 1007.114, has for­ by such producer; and (3) The said order as hereby amended feited such Class I base in accordance (iii) If by such date such handler has regulates the handling of milk in the with the requirement of § 1007.116(c). not received full payment from the mar­ same manner as, and is applicable only §§ 1007.22,1007.23 [Revoked] ket administrator pursuant to § 1007.75 to persons in the respective classes of for such month, he may reduce pro rata industrial or commercial activity speci- 2a. Revoke §§ 1007.22 and 1007.23. his payments to producers by not more 3. Revise § 1007.61a to read as follows: than the amount of such underpayment. 1 This order shall not become effective un­ § 1007.61a Computation of uniform Payment to producers shall be completed ifies and until the requirements erf $ 900.14 prices for base milk and excess milk. thereafter not later than the date for oi the rules of practice and procedure gov- making payments pursuant to this para­ fiming proceedings to formulate marketing The market administrator shall com­ graph next following after receipt of the agreements and marketing orders have been pute uniform prices for base milk and balance due from the market adminis­ met. excess milk each month as follows: trator; and

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 K o . 235------6 23232 PROPOSED RULE MAKING (3) On or before the 15th day of theAs a producer he delivered milk of his (g) With respect to the computation month at not less than the Class n price own production during the designated of production history base pursuant to adjusted by the butterfat differential period without interruption sufficient to this section, the following rules shall computed pursuant to § 1007.71 for the cause forfeiture of base pursuant to apply: quantity of milk received from producers § 1007.116(a) ; and during such period (1) If a producer operated more than described in § 1007.114 (c) and (d) for (after the effective date of this provision) one farm at the same time, a separate whom no base milk has been computed. did not dispose of all his Class I base by computation shall be made with respect 5. The centerhead immediately pre­transfer. The production history base for to the average daily producer milk de­ ceding § 1007.110 and §§ 1007.110, 1007.- each producer on the effective date of liveries from each farm except that only 111, and 1007.112 are revoked and a new this provision shall be determined by the one computation shall be made with re­ centerhead and new §§1007.110 through market administrator as follows: spect to milk production resources and 1007.117 are substituted therefor. (a) The market administrator shall facilities of a producer-handler. determine a production history base for (2) Only one production history base Class I Base P lan each producer who delivered at least 100 shall be allowed with respect to milk § 1007.110 Definition of terms relating days’ production during the immediately produced by one or more persons where to the Class I base plan. preceding period of September-January the land, buildings, and equipment are For purposes of determination and as­ by computing his average daily producer jointly used, owned or operated. signment of the Class I base of each pro­ milk deliveries as defined in § 1007.110 § 1007.112 Updating of production his­ ducer the following terms are defined: (d) during such period. tory bases.. (b) For producers who delivered milk (a) “Production history” means the The production history base for each average daily marketings of a producer on less than 100 days during the imme­ diately preceding period of September- producer who has neither disposed of his during the production history period used entire base by transfer nor forfeited his for the determination of bases or the January, but at least 90 days prior to March 1, the market administrator shall base pursuant to § 1007.116(a) or after future updating of bases. having disposed of his entire base by (b) “Production history base” means a determine a production history base by multiplying such producer’s average transfer or forfeiture, has met the deliv­ quantity of milk in pounds per day as ery requirements prescribed in § 1007.113 computed pursuant to § 1007.111. daily producer milk deliveries during the months in which milk was delivered prior shall be determined by the market ad­ (c) “Production history period” means ministrator on March 1 of each year as the days or months to be used for the to March 1, by .80 and adjusting by a ratio obtained by dividing the average follows: computation of the production history (a) Effective March 1, 1973, the mar­ base of a producer. daily deliveries per producer during the most recent September-January period ket administrator shall update the pro­ (d) “Average daily producer milk de­ duction history base for each producer liveries” of any producer in any specified by the average daily producer milk deliv­ eries during the same months used for as follows: period used for computing a production such producer. (1) Subject to the provisions of sub­ history base means the total pounds of (c) Producers who have delivered milk divisions (i) and (ii) of this subpara­ producer milk delivered by the producer for less than 90 days prior to March 1 graph for a producer who is assigned an divided by the number of days’ produc­ shall have no initial production history initial history of production pursuant to tion represented by such deliveries: Pro­ base but shall be assigned a history of § 1007.111 (a) or (b) on the effective date vided, That for any September-J anuary production in accordance with the provi­ of this order, add the average daily milk period, the divisor shall be the actual sions applicable for new producers. deliveries of such producer during the days of production, or 145 whichever is Cd) For each producer not subject to period September 1972 through January greater. § 1007.114(d) who became a producer for 1973 to the production history bases (e) “Class I base” means a quantity this market subsequent to September 1, computed for such producer on the ef­ of milk in pounds per day computed pur­ 1971, because the plant to which he regu­ fective date of this order and divide the suant to § 1007.114 for which a producer larly delivered milk became a fully regu­ result by 2. (i) If during the immediately may receive the base milk price. lated plant pursuant to this order, a preceding September through January (f) “Base milk” means: production history base shall be deter­ period a producer delivered not less than (1) Milk received from a producer mined, if possible pursuant to para­ his daily Class I base multiplied by the which is not in excess of his Class I base graph (a) or (b) of this section based number of days in such period, then his multiplied by the number of days of pro­ on his deliveries of milk as if the non­ production history base shall not be re­ duction of producer milk delivered during pool plant to which he delivered had duced. (ii) If dining the immediately the month; and been a pool plant during the representa­ preceding period of September through (2) Milk received from a producer to tive period. January the producer’s average daily whom no Class. I base has been issued in (e) A producer not described pursuant producer milk deliveries were less than the amount determined for such pro­ to paragraph (d) of this section who his daily Class I base then such pro­ ducer pursuant to § 1007.114 (c) and (d). delivered milk to a nonpool plant (s) ducer’s production history base shall be (g) “Excess milk” means milk received prior to becoming a producer and who reduced in an amount proportionate to in excess of base milk from a producer is not subject to the provisions of the amount that his daily Class I base who is delivering base milk during such § 1007.114(c), shall have a production exceeds his average daily deliveries dur­ month. history base effective on the first day of ing the immediately preceding Septem­ the second month following the month ber through January period but in no § 1007.111 Computation of production in which he began delivereies of pro­ event, shall such producer’s production history base. ducer milk to a pool plant if a produc­ history base be reduced by more than 25 A “production history base” shall be tion history base can be computed pur­ percent. determined by the market administrator suant to paragraph (a) or (b) of this (2) For producers who had not pre­ for each producer eligible for such base section based on deliveries of milk from viously been assigned a production his­ on the effective date of this provision and the same farm on which he is now a tory base, a history of production shall on March 1 of each year thereafter. The producer as if the plaht(s) to which he computation of production history base delivered had been a pool plant (s) dur­ be determined by calculating such pro­ shall be subject to adjustments due to ing the preceding 12 months. ducer’s average daily producer milk acquisition or disposition by transfer of (f) For a producer who held pro­ deliveries during the period September Class I base or other modifications of ducer-handler status at any time subse­ 1972 through January 1973 and multi­ Class I base due to hardship or loss of quent to September 1, 1971, a production plying the result by 0.80. Class I base because of underdelivery of history base shall be calculated as pre­ base. For purposes of computation of scribed in paragraph (a) of this section (b) Effective March 1, 1974, the mar­ his production history base, a producer as if the milk of his own production re­ ket administrator shall update the pro­ shall be considered as having been on the ceived at his producer-handler plant had duction history base for each producer as market during any specified period if: been received at a pool plant. follows:

FEDERAL REGISTER, V O L 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23233

(1) Subject to the provisions of sub­ deliveries for such producer during the exceeds his average daily deliveries dur­ divisions (i) and (ii) of this subpara­ immediately preceding period of Sep­ ing the immediately preceding Septem­ graph for a producer who had a produc­ tember through January and shall add ber through January period, but in no tion history base for the 2 most recent such figure to the average daily producer event shall such producer’s production years, determine the average daily pro­ milk deliveries of the preceding two history base be reduced by more than 25 ducer milk deliveries dining the imme­ years and divide the result by 3. (i) If percent. diately preceding period September during the immediately preceding Sep­ (4) For producers who have not pre­ through January. Add the resulting tember through January period a pro­ viously been, assigned a production his­ amount to the production history base ducer delivered not less than his daily tory base, the market administrator shall determined for each of the 2 most recent Class I base multiplied by the number of assign a production history equal to such years and divide the result by 3 : (i) If days in such period, then his production producer’s average daily producer milk during the immediately preceding Sep­ history base shall not be reduced, (ii) If deliveries during the immediately pre­ tember through January period a pro­ during the immediately preceding Sep­ ceding period of September through ducer delivered not less than his daily tember through January period the pro­ January and multiply the result by 0.80; Class I base multiplied by the number ducer’s average daily producer milk de­ and of days in such period, then his produc­ liveries were less than his daily Class I (5) On March 1 of each year of which tion history base shall not be reduced: base then such producer’s production this plan is in effect, the market admin­ (ii) If during the immediately preceding history base shall be reduced in an istrator shall determine a production period of September through January amount proportionate to the amount that history base for producers who delivered the producer’s average daily producer his daily Class I base exceeds his average milk for less than 100 days in the im­ milk deliveries were less than his daily daily deliveries during the immediately mediately preceding period of September Class I base then such producer’s pro­ preceding September through January through January but who delivered milk duction history base shall be reduced period, but in no event shall such pro­ for at least 90 days prior to March 1 by in an amount proportionate to the ducer’s production history base be re­ determining such producers average amount that his daily Class I base ex­ duced by more than 25 percent. daily producer milk deliveries during the ceeds his daily deliveries during the im­ (2) Subject to the provisions of sub­ first 3 months in which the producer de­ mediately preceding September through divisions (i) and (ii) of this subpara­ livered milk to the market, multiplying January period, but in no event shall graph for a producer who had a pro­ the result by 0.80 and adjusting by a ratio such producer’s production history base duction history base for the two most obtained by dividing the average daily be reduced by more than 25 percent. recent periods, determine the average deliveries per producer during the most (2) Subject to the provisions of sub­ producer milk deliveries during the im­ recent September-January period by the divisions (i) and (ii) of this subpara­ mediately preceding period September average daily deliveries per producer graph for a producer who had a produc­ through January. Add the resulting during the same months used for such tion history base for 1 year, the market amount to the production history base producer. administrator shall determine his aver­ determined for each of the two most age daily producer milk deliveries dur­ recent periods and divide the result by § 1007.113 New producers. ing the immediately preceding period of 3. (i) If during the immediately preced­ The market administrator shall deter­ September through January and add ing September through January period mine a history of production for each such amount to the producer’s previous a producer delivered not less than his producer for whom a production history production history base and divide the daily Class I base multiplied by the num­ base was not determined pursuant to result by 2: (i) If dining the immedi­ ber of days in such period, then his pro­ § 1007.111 as follows: ately preceding period of September duction history base shall not be reduced, (a) Any producer who during the im­ through January a producer delivered (ii) If during the immediately preceding mediately preceding September through not less than his daily Class I base multi­ period of September through January January period delivered his milk to a plied by the number of days in such the producer’s average daily producer nonpool plant which became a pool plant period, then his production history base milk deliveries were less than his daily shall be assigned a history of production shall not be reduced: (ii) If during the Class I base then such producer’s pro­ on the same basis as other producers immediately preceding period of Sep­ duction history base shall be reduced in under the order as though the deliveries tember through January the producer’s an amount proportionate to the amount to the nonpool plant had been deliveries average daily producer milk deliveries that his daily Class I base exceeds his to a pool plant. were less than his daily Class I base, then daily deliveries during the immediately (b) Effective on the first day of the such producer’s production history base preceding September through January second month following the month in shall be reduced in an amount propor­ period, but in no event shall such pro­ which he began deliveries of producer tionate to the amount that his daily ducer’s production history base be re­ milk to a pool plant a producer who de­ Class I base exceeds his average daily duced by more than 25 percent. livered milk to a nonpool plant prior to deliveries during the immediately pre­ (3) Subject to the provisions of sub­ becoming a producer as defined in this ceding September through January pe­ divisions (i) and (ii) of this subpara­ order shall be assigned a production his­ riod, but in no event shall such producer’s graph for a producer who had a produc­ tory base on the same basis as if he had production history base be reduced by tion history base for 1 year, the market been a producer under the order and his more than 25 percent. administrator shall determine his aver­ deliveries to the nonpool plant had been (3) For producers who have not pre­ age daily producer milk deliveries during deliveries to a pool plant provided that viously been assigned a production his­ the immediately preceding period of in no event shall the production history tory base, the market administrator shall September through January and add base exceed the amount of milk actually assign a production history equal to such such amount to the producer’s previous delivered by such producer under this producer’s average daily producer milk production history base and divide the order. deliveries during the immediately pre­ result by 2. (i) If during the immediately (c) A producer who delivered no milk ceding period of September through Jan­ preceding period of September through to a nonpool plant or who delivered milk uary and multiply the result by 0.80; and January a producer delivered not less to a pool plant for less than 90 days prior (c) Effective March 1, 1975, and on than his daily Class I base multiplied by to March 1 of any year and who has not March 1 of each year thereafter the the number of days in such period, then acquired a history of production by market administrator shall update the his production history base shall not be transfer shall be assigned Class I base history of production for each producer reduced, (ii) If during the immediately milk pursuant to the provisions of as follows: preceding period of September through § 1007.114(c). (1) Subject to the provisions of sub­January the producer’s average daily divisions (i) and (ii) of this subpara­ producer milk deliveries were less than § 1007.114 Computation of Class 1 base graph for producers who have a produc­ his daily Class I base then such pro­ or base milk for each producer. tion history base covering 3 or more ducer’s production history base shall be On the effective date of this provision years, the market administrator shall reduced in an amount proportionate to and on March 1 of each subsequent year compute the average daily producer milk the amount that his daily Class I base the market administrator shall assign

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23234 PROPOSED RULE MAKING a Class I base to each producer who has (d)(1) A producer who, after having Application for transfer must be made a production history base. Class I bases forfeited or disposed of all of his Class to the market administrator on forms shall be assigned to producers described I base, either continues as a producer approved by the market administrator in § 1007.113 when they are issued pro­ on the market or discontinues deliveries and signed by the base holder(s), his duction history bases. Class I bases shall to the market and returns to the market heirs, executor, or trustee and by the per­ be computed as follows : as a producer, shall be assigned base son to whom such base is to be (a) Compute a “Class I base percent­ milk equal to 50 percent of his average transferred. age” as follows : daily deliveries of producer milk in such (c) A transfer of an entire base may (1) Determine the sum of Class I dis­ month multiplied by the number of days’ be made effective on any day of the positions during the preceding period of production delivered by such producer month if application for such transfer is September through January: during the month, such assignment to filed with the market administrator (1) Class I producer milk pursuant to be effective on the later of the following within 5 days thereafter. Otherwise, such § 1007.45(c), dates: the first day of the third month transfer shall be effective on the first (ii) The Class I disposition of plants following the month in which he recom­ day of the month following that in which during the period when they were non­ mences deliveries of producer milk on the application is made. pool plants, if such plants were pool market, or the first day of the twelfth (d) A transfer of a portion of a base plants in the preceding January, and month following the month in which shall be effective the first day of the (iii) The Class I disposition of his a producer who forfeits his base ceases month following that in which applica­ own production of a person who was a deliveries or a producer disposes of his tion for which such transfer is made */o producer-handler dining a portion of Class I base. For each of the months of the market administrator, except tha? a the year and who held producer status June, July, and August the base milk so portion of a base may be transferred to in the preceding January. computed shall be reduced by the per­ be effective on March 1 of any year if ap­ centage that the average daily pounds plication for such transfer is filed with Multiply the sum by 1.15 and divide the of producer milk classified as Class I in the market administrator no later than result by 153 : June, July, and August of the preceding March 15. (2) Divide the quantity computed pur­ year were less than the average daily (e) A producer who has received base suant to subparagraph (1) of this para­ pounds of producer milk classified as by transfer on or after March 1 of any graph by a quantity which is the total Class I in the immediately preceding year may not transfer any portion of the of production history bases computed months of September through May. Hie base for 3 full months following the ef­ pursuant to § 1007.111 or § 1007.112, production history period of such pro­ fective date of such transfer. whichever is applicable. The result shall ducer shall begin on the later of the (f) A producer who has transferred be converted to a percentage by multi­ following dates: The date on which he base on or after March 1 of any year may plying by 100 and rounding to the third first received payment for base milk or not receive additional base by transfer decimal place. Such percentage shall the first day of the first month eligible for 3 full months from the effective date be known as the “Class I base percent­ for use in a production history period of such transfer. age.” pursuant to § 1007.113. (g) A base which is jointly held or in (b) The Class I base of each producer (2) In the application of this provi­a partnership may be transferred in part with a production history base shall be sion, use of the same production facili­ or in its entirety only upon application determined by multiplying his produc­ ties by another person (or the same per­ signed by each joint holder or partner, tion history base by the “Class I base son under a different name) to produce his heirs, executors, or trustee and by percentage.” For each of the months of milk after the above described forfeiture the person to whom such base is to be June, July, and August the Class I base or transfer of base shall be considered transferred. so computed shall be reduced by the as a continuation of the operation by (h) A base which has been established percentage that the average daily the previous operator if the new operator by two or more persons operating a dairy pounds of producer milk classified as is a member of the immediate family of farm jointly or as a partnership may be Class I in June, July, and August of the the previous operator. It shall be applied divided among the joint holders or part­ preceding year were less than the aver­ also to any production facility to which ners if written notification of the agreed age daily pounds of producer milk classi­ a Class I base has not been assigned, division of base signed by each joint fied as Class I in the preceding months wherever located, operated by a person holder or partner, his heirs, executor, or of September through May. in which the producer who forfeited or trustee, is received by the market ad­ (c) A producer, other than a pro­ transferred his base has a financial in­ ministrator prior to the first day of the ducer pursuant to paragraph (d) of this terest if such facility commences pro­ month on which such division is to be section, who has no production history duction on or after the effective date of effective. base shall be assigned base milk each the transfer or forfeiture, or such pro­ (i) It must be established to the satis­ month until the first March 1 on which ducer acquired his financial interest in faction of the market administrator that he is eligible for a Class I base in an such person later than 3 months prior the conveyance of such base is bona fide amount equal to 50 percent of his aver­ to the effective date of the base trans­ and not for the purpose of evading any age daily deliveries of producer milk in fer or forfeiture. provision of this order, and comes within such month multiplied by the number § 1007.115 Transfer o f bases. the remaining provisions of this section. of days’ production delivered by such (j ) A transfer may be made only to a producer during the month (1) effective Production history and Class I basé producer (a person who is currently a with his first delivery of producer milk may be transferred pursuant to the fol­ producer on the market or who will be­ if he begins deliveries in the months of lowing rules and conditions: come a producer under the terms of the September through January, and (2) ef­ (a) A transfer of base means the order by the last day of the month of fective on the first day of the second transfer of both the production history transfer). month following the month in which he base and the Class I base associated with (k) In the case of an intrafamily began delivery if he begins deliveries in it at the time of transfer. The percentage transfer (including transfers to an estate the months of February through August. of Class I base transferred shall be ap­ and from an estate to a member of the For each of the months of June, July, plied to the total production history immediate family) all restrictions on and August the base milk so computed base held at the time of transfer to de­ transferring base applicable to the trans­ shall be reduced by the percentage that termine the corresponding amount of feror producer shall also apply to the the average daily pounds of producer production history transferred. transferee. milk classified as Class I in June, July, (b) The market administrator must and August of the preceding year were foe notified in writing by the holder of (l) A producer who receives a base less than the average daily pounds of Class I base of the name of the person pursuant to § 1007.111 (c) or (d) may producer milk classified as Class I in the to whom the Class I base is to be trans­ not transfer such base, other than pur­ immediately preceding months of Sep­ ferred, the effective date of the transfer, suant to paragraph (k) of this section, tember through May. and the amount of base to be transferred. for 1 year from the date of receipt.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23235

(m) A producer-handler who becomes quarantine, disease, pesticide residue, producer who entered into military serv­ a producer and receives a base may not condemnation of milk, or military service ice directly from employment in milk transfer that base for a period of 1 year of the producer or his son; production; from the date of receipt, except to a (3) Loss or potential loss of Class I (4) Recommendation of the Producer member of the immediate family pursu­ base pursuant to § 1007.116(a); Base Committee shall: ant to paragraph (k) of this section. (4) Loss or potential loss of Class I (i) If to deny the request, be final upon (n) A base which has been computed base because of underdeliveries pursuant notification to the producer, subject only from less than a full production history to § 1007.112; and to appeal by the producer to the Director, period may not be transferred, except as (5) Inability to transfer base due to Dairy Division, within 45 days after such an intrafamily transfer pursuant to para­ the provisions of § 1007.115 (1), (m), and notification; or graph (k) of this section. (n ). (ii) If to grant the request in whole or (o) If a base is held by a corporation, (b) The producer shall file with the in part, be transmitted to the Director, a change in ownership of the stock which market administrator a request in writ­ Dairy Division, and shall become final transfers control to a new person or ing for review of hardship or inequity not unless vetoed by such Director within 15 persons other than a member of the later than 45 days after notice pursuant days after transmitted. immediate family of the person trans­ to § 1007.116 with respect to requests ferring such stock will require a trans­ pursuant to paragraph (a) (1) or (2) (5) Committee members shall be re­ fer of bases and compliance with all base of this section, or not later than 45 days imbursed by the market administrator rules therein. after the occurrence with respect to re­ from the funds collected under § 1007.77 quests pursuant to paragraph (a) (3), for their services at $30 per day or por­ §1007.116 Miscellaneous base rules. (4), or (5) of this section, setting forth: tion thereof, plus necessary travel and The following base rules shall be ob­ (1) Conditions that caused the alleged subsistence expenses incurred in the per­ served in the determination of bases: hardship or inequity; formance of their duties as committee (a) A person who discontinues deliv­ (2) The extent of the relief or adjust­ members. ery of producer milk for a period of 90 ment requested; (d) The market administrator shall consecutive days after a Class I base is (3) The basis upon which the amount maintain files of all requests for allevia­ issued to him shall forfeit his production of adjustment requested was deter­ tion of hardship and the disposition of history, together with any Class I base mined ; and such requests. These files shall be open and production history base held pur­ (4) Reasons why the relief or adjust­ to the inspection of any interested person suant to the provisions of this order, ment should be granted. during the regular office hours of the except that a person entering the mili­ (c) One or more Producer Base Com­ market administrator. tary service may retain them until 1 year mittees shall be established and function [PR Doc.71-17856 Piled 12-6-71;8:50 am] after being released from active military as follows: service. (1) Each Producer Base Committee (b) As soon as production history shall consist of five producers appointed bases and Class I bases are computed by by the market administrator. DEPARTMENT OF LABOR the market administrator, notice of the (2) Each committee shall review the Wage and Hour Division amount of each producer’s production requests for relief from hardship or in­ history base and Class I base shall be equity referred to it by the market ad­ [ 29 CFR Part 525 1 given by the market administrator to the ministrator at a meeting in which the producer, to the handler receiving such market administrator or his representa­ EMPLOYMENT OF HANDICAPPED producer’s milk, and to the cooperative tive serves as recording secretary and at CLIENTS IN SHELTERED WORKSHOPS association of which the producer is a which the applicant may appear in per­ Proposed Change in Conditions member. Each handler, following receipt son if he so requests. of such notice, shall promptly post in a (3) Recommendations with respect to Pursuant to authority in section 14 of conspicuous place in his plant a list or each such request shall be endorsed at the the Fair Labor Standards Act of 1938, as lists showing the Class I base of each meeting by at least three committee amended (29 U.S.C. 214), Reorganization producer whose milk is received at such members and shall: Plan No. 6 of 1950 (3 CFR 1949-53 Comp., plant. (i) With respect to requests pursuant p. 1004), Secretary’s Orders Nos. 13-71 (c) As a condition for designation as to paragraph (a) CD, (3), (4), or (5) and 15-71 (36 F.R. 8755 and 8756), and a producer-handler pursuant to § 1007.- of this section, grant or adjust produc­ 29 CFR 525.19, I propose to amend Part 14, any person (including any member of tion history bases and average daily pro­ 525 of Title 29 of the Code of Federal the immediate family of such a person, ducer milk deliveries for prior years Regulations. This amendment would al­ any affiliate of such a person, or any where it appears appropriate, delay for­ low work activities centers to employ business of which such a person is a part) feiture of Class I base, restore forfeited handicapped workers in or about a home, who has held Class I base any time dur­ base or reduced average daily producer apartment, tenement, or room in a resi­ ing the 12-month period prior to such milk deliveries where appropriate, and dential establishment without the neces­ designation shall forfeit the maximum permit transfer of base not otherwise sity of obtaining a special industrial amount of Class I and production history possible under the order provisions. homeworker’s certificate for such base held at any time during such 12- (ii) With respect to requests pursuant persons. month period. to paragraph (a) (2) of this section, Part 525 provides for applications for § 1007.117 Hardship provisions. either reject the request or provide ad­ several different types of special certifi­ Requests of producers for relief from justment in the form of additional pro­ cates. Experience under these regulations hardship or inequity arising under the duction history base and average daily indicates that the present prohibition of provisions of §§ 1007.111 through 1007.- producer milk deliveries for prior years employment at home of clients of work 116 will be subject to the following: where it appears appropriate and the activities centers curtails the employ­ (a) After bases are first issued under effective date thereof of such adjustment. ment opportunities of those severely this plan and after bases are issued on In considering such requests the loss of handicapped workers who are unable to each succeeding March 1, a producer milk production due to the following shall come to the work activities centers. Ac­ may request review of the following cir­ not be considered a basis for hardship cordingly, this proposal would amend 29 cumstances because of alleged hardship adjustment: CFR Part 525 by deleting the phrase or inequity: (a) Loss of milk due to mechanical “except one for a work activities center” (1) He was not issued a Class I base; failure of farm tank or other farm equip­ contained in § 525.12. (2) His production history base is not ment; and Interested persons are invited to sub­ appropriate because of unusual condi­ (b) Inability to obtain adequate labor mit written data, views, or arguments tions during the base-earning period to maintain milk production, except that regarding the proposed amendment to such as loss of buildings, herds, or other hardship adjustment may be granted in Wage and Hour Division, U.S. Depart­ facilities by fire, flood or storms, official the case of a producer or the son of a ment of Labor, Washington, D.C. 20210,

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23236 PROPOSED RULE MAKING

Within 30 days of publication of this (b) Preparation of working standard § 141a.Ill Ampicillin trihydrate. notice in th e F ederal R egister. solutions. From the following table, se­ (a) * * * L. Section 525.12 would be amended to lect the diluent and final concentration (3) Hydroxylamine colorimetric assay. read as follows: as listed for each antibiotic working Proceed as directed in § 141.507 of this standards Dissolve and dilute an accu­ chapter. § 525.12 Industrial homework. rately weighed portion to the specified A special certificate Issued pursuant to final concentration and proceed as di­ * * * * . * th is part authorizes a sheltered workshop rected in paragraph (d) of this section. c. In § 141a.ll8 by revising paragraph to employ a handicapped worker in or (a) (3), as follows; about a home, apartment, tenement, or Diluent Final concen- (solution tration in § 141a.ll8 Sodium cloxacillin monohy­ room in a residential establishment, Antibiotic number as milligrams drate. without the necessity of obtaining a spe­ listed in per milliliter § 141.102(a)) of standard (a) * * * cial industrial homeworker’s certificate solution for such person under regulations of the (3) Hydroxylamine colorimetric assay. Administrator governing the employment Proceed as directed in § 141.507 of this Ampicillin...... Distilled 1.25 chapter. of industrial homeworkers; nor shall it water. Cephaloridine______do_____ 1.0 ***** be necessary for a sheltered workshop to Cephalothin______do_____ 2.0 obtain a special industrial homeworker’s Cloxacillin______1...... 1.25 d. In § 141a.I23 by revising paragraph certificate for handicapped workers Dicloxacillin______Distilled 1.25 (a) (3), as follows: water. working in or about a home, apartment, Methicillin______1______1.25 § 141a.l23 Sodium ampicillin. tenement, or room in a residential estab­ Nafcillin...... 1_...... ' 1.25 Oxacillin.______1____^_____ 1.25 (a) * * * lishment, who are earning the minimum Penicillin G______1______1.25 required under section 6 of the Act. Phenethicillin______1_____ . ____ 1.25 (3) Hydroxylamine colorimetric assay. Phenoxymethyl penicillin.. 17______1.25 Proceed as directed in § 141.507 of this (52 Stat. 1068, as amended; 29 U.S.C. 214) Procaine penicillin G____!.. 17______2.0 chapter. Signed at Washington, D.C., this 29th (c) Preparation of sample solutions. ***** day of November 1971. . From the following table, select the e. In § 141a;131(a) by adding a new H orace E. M enasco, diluent and final concentration as listed subparagraph (3), as follows: Administrator, Wage and Hour for each antibiotic. Dissolve an accurately § 141a.l31 Sterile sodinm nafcillin Division, U.S. Department of weighed portion of the sample, dilute to monohydrate. Labor. the appropriate final concentration, and (a) * * * [FR Doc.71-17841 Filed 12-6-71;8:50 am] proceed as directed in paragraph (d) of this section; if the product is pack­ (3) Hydroxylamine colorimetric as­ aged for dispensing, dilute an aliquot of say. Proceed as directed in § 141.507 of the stock solution (prepared as described this chapter. in the individual monograph) to the ap­ * * * * • DEPARTMENT OF HEALTH, propriate concentration and then proceed 3. It is proposed that Part 148 be as directed in paragraph (d) of this amended: EDUCATION, AND WELFARE section. a. In § 148w.l by revising paragraph Food and Drug Administration Cb), as follows: D iluent Final con­ (solution centration § 148w.l Sodium cephalothin. [21 CFR Parts 141, 141a, 148w 1 Antibiotic number as in milli­ ***** listed in grams per HYDROXYLAMINE COLORIMETRIC § 141.102(a)) milliliter of Cb) * * * ASSAY sample (1) * * * (i) Sample preparation. Dissolve an Notice of Proposed Rule Making Distilled 1.25 water. accurately weighed sample in sufficient Pursuant to provisions of the Federal Ampicillin trihydrate______do____— 1.25 1.0 percent potassium phosphate buffer, Cephaloridine...... 1.0 pH 6.0 (solution 1), for the microbiologi­ Food, Drug, and Cosmetic Act (sec. 507, Phenoxymethyl penicillin.. 17...... 1.25 59 Stat. 463, as amended; 21 U.S.C. 357) Potassium penicillin G ____ 1...... 1.25 cal agar diffusion assay, distilled water Potassium phenethicillin__ 1...... 1.25 for the iodometric assay or hydroxyla­ and under authority delegated to the Potassium phenoxymethyl 1...... L 25 Commissioner of Food and Drugs (21 penicillin. mine colorimetric assay, to give a stock CFR 2.120), it is proposed that Parts 141, Procaine penicillin G...... 17...... 2.0 solution of convenient concentration; Sodium ampicillin...... Distilled 1.25 141a, and 148w be revised as follows to water. also if it is packaged for dispensing, re­ bring the hydroxylamine colorimetric ___ do_____ 2.0 constitute as directed in the labeling. Sodium cloxacillin mono- 1...... 1.25 Then, using a suitable hypodermic assay up to date and to provide for its hydrate. Sodium dicloxacillin mono- Distilled 1.25 needle and syringe, remove all of the addition as an alternate potency test for hydrate. water. withdrawable contents if it is repre­ sodium cephalothin and cephaloridine; Sodinm methicillin mono- 1...... 1.25 hydrate. sented as a single dose container; or if 1. It is proposed that Part 141 be Sodium nafcillin mono- 1...... 1.25 the labeling specifies the amount of po­ hydrate. tency in a given volume of the result­ amended: Sodium oxacillin mono- 1_...... 1.25 a. In § 141.102(a) by adding a new hydrate. ant preparation, remove an accurately Sodium penicillin G...... 1...... 1.25 subparagraph (17), as follows: measured representative portion from each container. Dilute with either solu­ § 141.102 Solutions. * * * • * 2. It is proposed t h a t P a r t 1 4 1 a b e tion 1 or distilled water as specified (a) * * * above to give a stock solution of con­ (17) Solution 17 (5 percent methyl al­ amended: cohol in 1 percent potassium phosphate a. In § 141a.26 by revising paragraph venient concentration. buffer, pH 6.0). (a) (3), as follows: (ii) Assay procedures. Use any of the Methyl alcohol: 50.0 ml. § 141a.26 Procaine penicillin. following methods; however, the results 1 percent potassium phosphate buffer, pH (a) * * * obtained from the microbiological agar 6.0, q.s.: 1 ,000.0 mL (3) Hydroxylamine colorimetric assay.diffusion assay shall be conclusive. b. In § 141.507 by revising paragraphs Proceed as directed in § 141.507 of this * * * * * (b) and (c), as follows: chapter. (c) Hydroxylamine colorimetric as­ ***** § 141.507 Hydroxylamine colorimetric say. Proceed as directed in § 141.507 of assay. b. In 5 141a.lll by revising paragraph this chapter. • • • • * Oa) (3), as follows: *****

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23237

b. In § 148w.2 by revising paragraph soliciting comments regarding possible (2) Torque clamping screw on Marvel- (b), as follows: rule making action to correct loosening Schebler MA-3, MA-3A, MA-3PA, MA-3 SPA, or separation of the throttle arm from and MA-4SPA series carburetors to 15 to 20- § 148w.2 Cephaloridine. in. -lbs. and safety wire throttle arm to the throttle stop on Marvel Schebler throttle stop as shown in Illustration A. ♦ * * * * MA—3, MA-4, MA-4-5, and HA-6 series (3) Torque clamping screw on Marvel - (b) * * * carburetors used on various Teledyne Schebler MA-4-5, MA-4-5AA, MA-6AA, and (1) • * * Continental, Franklin, and Lycoming HA-6 series to 35 to 40-in. -lbs. if a 10-32 (i) Sample preparation. Dissolve an model engines. bolt and hexagonal head locknut is used or accurately weighed sample in sufficient The advance notice stated that con­ 20 to 28-ln. -lbs. if a 10-24 fiUister head screw 1.0 percent potassium phosphate buffer, sideration would be given all comments is used and safety wire throttle arm to throt­ pH 6.0 (solution 1), for the microbiologi­ received on or before July 17, 1971. Ap­ tle stop as shown in Illustration B, C, or D. cal agar diffusion assay, distilled water proximately 50 comments were received. This amendment is proposed under the for the iodometric assay or hydroxyla- The commentators’ answers to the six authority of sections 313(a), 601 and 603 mine colorimetric assay, to give a stock questions posed did not establish any one of the Federal Aviation Act of 1958 (49 solution of convenient concentration; area as the primary cause of the prob­ U.S.C. 1354(a), 1421 and 1423), and of also if it is packaged for dispensing, re­ lem. However, a significant number in­ section 6(c) of the Department of Trans­ constitute as directed in the labeling. dicated that the throttle arm required portation Act (49 U.S.C. 1655(c)). Then using a suitable hypodermic needle special care at installation and close ex­ Issued in Kansas City, Mo., on No­ and syringe, remove all of the withdraw­ amination at subsequent inspections. vember 24, 1971. able contents if it is represented as a After analyzing the comments and serv­ single dose container; or if the labeling ice reports, the Federal Aviation Admin­ Chester W. W ells, specifies the amount of potency in a istration is of the opinion that Part 39 Acting Director, given volume of the resultant prepara­ of the Federal Aviation Regulations Central Region. tion, remove an accurately measured should be amended by issuing an Air­ representative portion from each con­ worthiness Directive which would re­ tainer. Dilute with either solution 1 or quire throttle arms on carburetors now in distilled water as specified above to give service to be inspected, retorqued and a stock solution of convenient safety wired to the throttle stop so concentration. that the safety wire retains the arm on (ii) Assay procedures. Use any of the the stop. following methods; however, the results Interested persons are invited to par­ obtained from the microbiological agar ticipate in the making of the proposed diffusion assay shall be conclusive. rule by submitting such written data, * * • # . * views, or arguments as they may desire. Communications should identify the (c) Hydroxylamine colorimetric assay. docket number and be submitted in du­ Proceed as directed in § 141.507 of this plicate to the Director, Central Region, chapter. Attention: Regional Counsel, Airworthi­ Interested persons may, within 30 days ness Rules Docket, 601 East 12 th Street, after publication hereof in the F ederal Kansas City, MO 64106. All communica­ Register, file with the Hearing Clerk, tions received within 30 days after pub­ Department of Health, Education, and lication of the notice in the F ederal Welfare, Room 6-88, 5600 Fishers Lane, R egister will be considered before action Rockville, Md. 20852, written comments is taken upon the proposed rule. The pro­ (preferably in quintuplicate) regarding posals contained in this notice may be this proposal. Comments may be accom­ changed in the light of comments re­ panied by a memorandum or brief in ceived. All comments will be available, support thereof. Received comments may both before and after the closing date for be seen in the above office during work­ comments, in the Airworthiness Rules ing hours, Monday through Friday. Docket for examination by interested Dated: November 21, 1971. persons. In consideration of the foregoing, it is H. E. Simmons, proposed to amend § 39.13 of Part 39 of Director, Bureau of Drugs. the Federal Aviation Regulations by add­ [PR Doc.71-17777 Piled 12-6-71;8:45 am] ing the following new AD. Marvel Schebler: Applies to Models MA-3, MA-3A, MA3-PA, MA—3SPA, MA4-SPA, MA4—5, MA4—5AA, MA-6AA, and HA-6 DEPARTMENT OF carburetors used ou various Franklin (Aircooled), Continental, Lycoming, and Ranger engines. TRANSPORTATION Compliance : Required at next annual in­ spection, unless already accomplished. Federal Aviation Administration To prevent looseness or separation of the throttle arm, accomplish the following or [ 14 CFR Part 39 ] any equivalent procedure approved by Chief, [Docket No. 71—CE-IO-AD] Engineering and Manufacturing Branch, FAA, Central Region, Kansas City, Mo.:' CERTAIN MARVEL SCHEBLER SERIES (1) Inspect the throttle arm to verify that CARBURETORS it is bottomed against the shoulder on the throttle stop and positioned so that fuU Proposed Airworthiness Directive throttle travel Is obtained, and if not, loosen clamping screw and reposition arm and/or On May 18, 1971, an advance notice of re-rig control system in accordance with air­ proposed rule making was published in plane manufacturers’ maintenance instruc­ the F ederal R egister (36 F.R. 9026), tions to obtain these conditions. ILLUSTRAT ION B

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23238 PROPOSED RULE MAKING

[ 14 CFR Part 71 1 Delta VORTAC 220° True (191° Mag­ netic) and 040° True .(011° Magnetic) [Airspace Docket No. 71-AL-12] radials extending from 2 miles southwest CONTROL ZONE AND TRANSITION to 18.5-mile radius of the Big Delta VORTAC extending clockwise from the AREA 309* True (280* Magnetic) radial to the Proposed Alteration 006* True (337* Magnetic) radial. The action proposed herein would alter The Federal Aviation Administration the Big Delta, Alaska, control zone by is considering amending Part 71 of the increasing the length and width of the Federal’Aviation Regulations to alter the control zone extension to the northeast. Big Delta, Alaska, terminal airspace This is required by revised criteria and structure. provides controlled airspace to protect Interested persons may submit such aircraft executing the VOR and LFR written data, views, or arguments as they standard instrument approach proce­ may desire. Communications should be dures to Allen AAF when operating less submitted in triplicate to the Chief, Air than 1,000 feet above ground level. The Traffic Division, Alaskan Region, Federal control zone extension to the northwest Aviation Administration, 632 Sixth Ave­ would be canceled. The 700-foot transi­ nue, Anchorage, AK 99501. All commu­ tion area provides controlled airspace to nications received within 30 days after protect aircraft executing the prescribed publication of this notice in the F ederal instrument approach and departure pro­ R egister will be considered before action cedures beyond the limits of the control is taken on the proposed amendments. zone. The 700-foot transition area also No public hearing is contemplated at this provides protective airspace for instru­ time, but arrangements for informal con­ ment approaches and departures when ferences with Federal Aviation Adminis­ the control zone is not effective. tration officials may be made by contact­ ing the Chief, Air Traffic Division. Any These amendments are proposed under data, views, or arguments presented dur­ the authority of section 307(a) of the ing such conferences must also be sub­ Federal Aviation Act of 1958, 49 UJS.C. mitted in writing in accordance with this 1348(a) and section 6(c) of the Depart­ notice in order to become part of the ment of Transportation Act (49 U.S.C. record for consideration. The proposal 1655(c)). contained in this notice may be changed Issued in Anchorage, Alaska, on No­ in the light of comments received. vember 18, 1971. The official docket will be available for J ack G. W ebb, examination by interested persons at the Director, Alaskan Region. office of the Regional Counsel, Federal [FR Doc.71-17798 Filed 12-6-71;8:46 am] Aviation Administration, 632 Sixth Ave­ nue, Anchorage, AK 99501. Application of the U.S. Standard for [ 14 CFR Part 75 1 Terminal Instrument Procedures (TERPS) and revised criteria for estab­ [Airspace Docket No. 71-WA-20] lishment of terminal controlled airspace AREA HIGH ROUTE require amendments to the Big Delta, Alaska, control zone. Refined coordinates Proposed Designation of the airport reference point (ARP) The Federal Aviation Administration are also contained in this docket. The (FAA) is considering an amendment to following actions are proposed: Part 75 of the Federal Aviation Regula­ 1. Alter the Big Delta, Alaska, control tions that would designate an area high route from Phoenix, Ariz., to Bridgeport, zone by redesignating it as that airspace Tex. within a 5-mile radius of the Allen AAF, Amendments to Parts 71 and 75 of the Fort Greely, Alaska (latitude 63*59'37" Federal Aviation Regulations were pub­ N, longitude 145*43'08" W.) and within lished in the F ederal R egister (35 F.R. 4.5 miles each side of the Big Delta VOR- 10653) which established regulatory TAC 940* True (Oil* Magnetic) radial bases for the designation of specific area extending from the 5-mile-radius zone to high and low routes. 11 miles northeast. This control zone is Interested persons may participate in the proposed rule making by submitting effective from 0600 to 2200 local time such written data, views, or arguments daily, or during the specific dates and as they may desire. Communications times established in advance by Notice should identify the airspace docket num­ to Airmen. The effective date and time ber and be submitted in triplicate to the will thereafter be continuously published Federal Aviation Administration, Office in the Flight Information Publication of the General Counsel, Attention: Rules Docket, 800 Independence Avenue SW., Supplement Alaska. Washington, DC 20591. All communica­ 2. Designate the Big Delta, Alaska, tions received within 30 days after publi­ transition area as that airspace extend­ cation of this notice in the F ederal ILLUSTRATION Dv ing upward from 7(H) feet above the sur­ R egister will be considered before action [FR Doc.71-17718 Filed 13-6-71;8:45 am] face within 9.5 miles each side of the Big is taken on the proposed amendment.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEM6ER 7, 1971 PROPOSED RULE MAKING 23239 The proposal contained in this notice tion also has been given to the need to Other possible sources of beryllium are may be changed in the light of comments minimize the emission of hazardous being investigated, and those sources received. pollutants that; can accumulate in the which can potentially cause ambient con­ An official docket will be available for environment. centrations to exceed 0.01 ¿¿g/m3 will be examination by interested persons at the In many cases, information on possible included in revisions to this standard. Federal Aviation Administration, Office sources of the hazardous pollutants is not Mercury—Information currently avail­ of the General Counsel, Attention: Rules available in sufficient detail to determine able suggests that an ambient concen­ Docket, 800 Independence Avenue SW„ the need for emission standards. Investi­ tration level in the air below one (1) Washington, DC 20591. An informal gations are underway to fill these gaps in microgram per cubic meter is sufficient docket will also be available for exami­ knowledge, and the results of these in­ to protect the public health from illness nation at the office of the Regional Air vestigations may require modification of due to inhalation of mercury. However, Traffic Division Chief. these standards and inclusion of addi­ mercury is mobile in the environment, The FAA proposes to amend Part 75 of tional source categories for these and once released to the atmosphere may the Federal Aviation Regulations by des­ pollutants. cycle between air, land, and water for ignating an area high route as follows: Beryllium, mercury, and asbestos are long periods of time. Natural processes J990R Phoenix, Ariz., to Bridgeport, Tex. very different in the number and type of and living organisms can change mercury Reference facility, Theta/Rho, north lati­ sources and control options available; from one form to another, at times con­ tude/ west longitude therefore, each standard has been writ­ verting mercury into its most hazardous ten in a different manner to optimize forms. Therefore, when sufficient infor­ Phoenix, Ariz., 000.0/ 00.0, 33°25'53"/ 111°53'17' effectiveness and facilitate compliance. mation and understanding are available, St. Johns, Ariz., 168.4/63.5, 33,21'55"/ Asbestos—The proposed standards for it will be necessary to consider the 109° 11'49' asbestos are designed to minimize emis­ broader environmental problems caused Socorro, N, Mex., 187.1/67.3, 33*16'57"/ sions to the atmosphere. Because there is by mercury emissions to the atmosphere. 107#16'48' no suitable technique for sampling and The only industries known to be emit­ Roswell, N . Mex., 000.0/ 00.0, 33°20'15"/ analyzing asbestos in the ambient air or ting mercury in quantities and in a fash­ K M ^ 'lö ' in emission gases, the standards are ex­ Texioo, N. Mex., 169.1/68.7, 33°20'52'7 ion such that these facilities, assuming a 102°50'29' pressed as requirements for the operation negligible background level, may cause Abilene, 1Tex., 351.7/49.5, 33°18'28"/ of specific control equipment (or other the ambient concentration level to ex­ 90°5O'Q1" equipment of comparable effectiveness), ceed 1 fjS/ra.3 are the facilities producing Ardmore, Okla., 198.3/65.6, 33°14'16'7 or in situations where no control system mercury from ore and the mercury cell 97°45'58". is available as prohibitions on the use of chlor-alkali plants. These industries are This amendment is proposed under the asbestos. When acceptable source sam­ covered in this standard. Other sources authority of section 307 ( a) of the Federal pling and analytical methods are avail­ may emit mercury, but present informa­ Aviation Act of 1958 (48 U.S.C. 1348(a)) able and it is possible to delineate hazard­ tion indicates that these sources alone and section 6(c) of the Department of ous levels, these standards may be revised will not cause the ambient concentration Transportation Act (49 U.S.C. 1655(c)). to require compliance with a measured level to exceed 1 gg/m8. allowable emission. Investigations are underway to identify Issued in Washington, D.C., on Novem­ The sources covered in the asbestos all mercury sources and to quantify their ber 30,1971. standard are: Mining, milling, spraying, emissions into the air. As more informa­ H. B. H elstrom, and manufacturing. Specific examples of tion becomes available, this subpart will Chief, Airspace and Air emission sources which would be subject be revised, as necessary, to add additional Traffic Rules Division. to the proposed standards applicable to source categories. [FR Doc.71-17707 Filed 12-6-71;8:46 am] manufacturers of asbestos-containing products include, but are not limited to, The proposed regulations require ap­ manufacturers of the following products plication to the Administrator for ap­ when those products contain asbestos: proval for construction or modification Cement, textiles, paper and board, fric­ of any stationary source to which a ENVIRONMENTAL PROTECTION tion products, plastics, floor tiles, gaskets, standard prescribed in the regulations is packings, roofing felts, and insulation applicable. The Administrator will notify AGENCY products. the applicant of approval or disapproval . . E40 CFR Part 61 ] Beryllium—A maximum allowable con­ of such application within 60 days of centration of beryllium for ambient air receipt. A fee will be charged to defray NATIONAL EMISSION STANDARDS has been in use by the Department of part or all the costs of the review. The FOR HAZARDOUS AIR POLLUTANTS Defense and the Atomic Energy Com­ fee structure will be revised from time to mission for many years. This guideline time as experience with the program is Proposed Standards for Asbestos, has been used in the development of the developed. Beryllium, Mercury beryllium standards. The proposed stand­ Omitted from the proposed regulations Pursuant to section 112 of the Clean ards offer the owner or operator the are provisions for delegations of author­ option of measuring compliance by either ity to States under section 112(d)(1). Air Act as amended, the Administrator Nevertheless, it is the Administrator’s published in the F ederal R egister of emission testing or measurement of am­ March 31, 1971 [36 CFR Part 62] an bient concentration levels in the vicinity intention to encourage States to assume initial list of three hazardous air pollut­ of the plant. However, it is anticipated the principal responsibility for enforce­ ants which in his judgment may cause, that most sources will elect to comply ment of national emission standards for or contribute to, an increase in mortality with the given emission limitation. hazardous air pollutants. Toward this or an increase in serious irreversible, or Buildings or other obstructions in the end, procedures for delegating authority incapacitating reversible, illness. Publi­ vicinity of the source, or location in will be established early next year, after cation of the list constituted an an­ highly urbanized areas, may make it the States have submitted their plans for nouncement of the Administrator’s in­ impossible to design and locate a sam­ implementation of national ambient air tention of establishing, under section 112, pling network that provides sufficient quality standards. national emission standards for certain assurance that areas of maximum con­ In accordance with section 117(f) of source categories known to emit these centration are measured. the Act, publication of these proposed hazardous pollutants. These standards The known major sources of beryllium standards was preceded by consultation are based on information derived from are extraction plants, machine shops and with appropriate advisory committees, many sources, including health effects foundries handling beryllium or beryl­ independent experts, and Federal depart­ levels, meteorology, technical analysis of lium-containing alloys, ceramic plants ments and agencies. control capability, and consideration of using beryllium, rocket propellants con­ Interested persons may participate in taining beryllium, and incinerators burn­ this rule making by submitting written economic impact. The overriding consid­ ing beryllium-containing waste: These comments in triplicate to the Environ­ erations are health effects. Considera­ are covered in the proposed standards. mental Protection Agency, Office of Air

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 No. 235----- 7 23240 PROPOSED RULE MAKING Programs, Division of Compliance, Re­ Sec. (a) “Act” means the Clean Air Act (42 search Triangle Park, N.C. 27711. The 61.08 Approval by Administrator. U.S.C. 1857 et seq., as amended by Public Administrator will welcome comments on 61.09 Source reporting. Law 91-604, 84 Stat. 1676). 61.10 Bequest for waiver of compliance. (b) “Administrator” means the Ad­ all aspects of the proposed regulations, 61.11 Waiver. including economic and technological is­ 61.12 Emission tests and monitoring. ministrator of the Environmental Pro­ sues and on the proposed test methods. 61.13 Availability of information. tection Agency or his authorized repre­ All relevant comments received not later 61.14 State authority. sentative. than 90 days after the date of publication (c) “Commenced” means that an of this notice will be considered. Receipt Subpart B— National Emission Standards for owner or operator and a contractor to, of comments will be acknowledged, but Asbestos or affiliate of, such owner or operator the Office of Air Programs will not pro­ 61.20 Applicability. have entered into a binding agreement or vide substantive responses to individual 61.21 Definitions. contractual obligation to undertake and 61.22 Emission standards for asbestos. complete, within a reasonable time, a comments. 61.23 Referenced equipment specifications. Public hearings will be held as re­ 61.24 Substitute devices for the attainment continuous program of construction'or quired by section 112(b) (1) (B) of the of equivalent emission control. modification. d e a n Air Act. A notice of time, date, and (d) “Construction” means fabrica­ Subpart C— National Emission Standards for tion, erection, or installation of a sta­ place for these public hearings will be Beryllium published in the F ederal R egister within tionary source. 30 days of the publication date of these 61.30 Applicability. (e) “Emission test” means measure­ standards. Not later than 180 days after 61.31 Definitions. ment and analysis of emissions or other publication of the emission standards 61.32 Emission standards for beryllium. procedures used for the purpose of deter­ 61.33 Test methods and procedures—stack mining compliance with a standard for set forth below, the Administrator is re­ sampling. quired to promulgate such emission 61.34 Periodic stack sampling and reports. hazardous air pollutants. standards, unless he finds, on the basis 61.35 Waiver of periodic stack sampling and (f) “Existing source” means any sta­ of information presented at public hear­ . report requirements. tionary source which is not a “new ings, that the pollutants in question 61.36 Test methods and procedures—air source”. clearly are not hazardous. Accordingly, sampling. (g) “Modification” means any physi­ 61.37 Monitoring and reports—air sampling. cal change in, or change in the method all persons having scientific information 61.38 Election. pertinent either to the question of of operation of, a stationary source which whether asbestos, beryllium, and/or Subpart D— National Emission Standards for increases the amount of any hazardous mercury are in fact, hazardous within Beryllium— Rocket Motor Firing air pollutant emitted by such source or the meaning of section 112* of the d ean 61.40 Applicability. which results in the emission of any Air Act or to the question of the level 61.41 Definitions. hazardous air pollutant not previously of the various substances that consti­ 61.42 Beryllium emission standards. emitted, except that routine mainte­ tute a risk to public health are urged to 61.43 Test methods and procedures—air nance, repair, and replacement shall not sampling. be considered physical changes. present such information either by tes­ 61.44 Test method and procedures—stack (h) “New source” means any station­ tifying at the hearings or by submitting sampling. ary source, the construction or modifica­ the data for the hearings record. In ad­ 61.45 Monitoring and reports for air sam­ dition, all interested persons are specif­ pling. tion of which is commenced after the ically asked to present information on 61.46 Stack sampling and reports. publication in the F ederal R egister of the extent to which promulgation of proposed national emission standards for these emission standards for asbestos, Subpart E— National Emission Standard for hazardous air pollutants which will be beryllium, and mercury will be of bene­ Mercury applicable to such facility. 61.50 Applicability. (i) “Owner or operator” means any fit to the public health. In any testimony 61.51 Definitions. person who owns, leases, operates, con­ or written comments on the specific 61.52 Abbreviations. trols, or supervises a stationary source. points mentioned herein or on other 61.53 Emission standard for mercury. (j) “Start up of operation” means the matters relevant to this proposed rule 61.54 Test methods and procedures—mer­ beginning of routine operation of a sta­ making, all assertions and claims should cury ore processing facility. tionary source. be fully substantiated by factual infor­ 61.55 Periodic emission testing—mercury ore (k) “Stationary source” means any mation. processing facility. Summaries of the pertinent data used 61.56 Recordkeeping—mercury ore process­ building, structure, facility, or instal­ ing facility. lation which emits or may emit any in developing these standards are avail­ 61.57 Waiver of emission test require­ hazardous air pollutant. able free of charge from the Environ­ ments—mercury ore processing fa­ mental Protection Agency, Office of Air cility. § 61.03 Abbreviations. Programs, Research Triangle Park, N.C. 61.58 Test methods and procedures—mer­ The abbreviations used in this part 27711. cury cell chlor-alkall plant. have the following meanings: This notice of proposed rule making is 61.59 Periodic emission testing—mercury issued under the authority of sections cell chlor-alkall plants. cfm—Cubic feet per minute. 61.60 Recordkeeping—mercury cell chlor- ft2—Square feet. 112 and 114 of the d ea n Air Act, Public alkall plant. ft3—Cubic feet. Law 91-604, 84 Stat. 1713. 61.61 Waiver of emission test require­ °F—Degree Fahrenheit, W illiam D. R tjckelshatts, ments—mercury cell chlor-alkall in.—Inch. Administrator, facility. 1—Liter, Environmental Protection Agency. mg—Milligram, Subpart A— General Provisions ml—Milliliter. November 30, 1971. M—Molar. § 61.01 Applicability. nm—Nanometer. PART 61— n a t i o n a l em is s io n The provisions of this part apply to the v/v—Volume per volume. STANDARDS FOR HAZARDOUS AIR w.g.—Water gauge. owner or operator of any source which is W/V—Weight per volume. POLLUTANTS operated, or the construction or modifi­ Aig/m3—Micrograms per cubic meter. cation of which is commenced after the Subpart A— General Provisions %—Percent. Sec. date of publication in the F ederal R egis­ 61.01 Applicability. ter of proposed emission standards for § 61.04 Address. 61.02 Definitions. hazardous air pollutants which are ap­ All applications, requests, submissions 61.03 Abbreviations. plicable to such source. and inquiries under this part shall be 61.04 Address. 61.05 Prohibited activities. § 61.02 Definitions. addressed to the Environmental Protec­ 61.06 Determination of construction or As used in this part, all terms not de­ tion Agency, Office of Air Programs, Divi­ modification. sion of Compliance, Research Triangle 61.07 Application for approval for construc­ fined in these subparts shall have the tion or modification. meaning given them in the Act: Park, N.C. 27711.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23241

§ 61.05 Prohibited activities. (1) Notice of the information and period to assure that the health of per­ (a) After the effective date of any findings on which such intended denial sons will be protected from imminent emission standard prescribed under this is based, and endangerment. part, no person shall construct or modify (2) Notice of opportunity for such per­ (c) As used in this subpart, “imminent any stationary source subject to such son to present additional information or endangerment” means an Immediate risk standards without first obtaining written arguments, orally or in writing, to the of significant harm to the human body. approval of the Administrator in accord­ Administrator prior to final action on § 61.11 Waiver. such request. ance with this subpart, except under an (a) Based on the information pro­ exemption granted by the President un­ (d) A final determination to deny any request for approval will be in writing vided in any request under § 61.09 and der section 112(c) (2) of the Act. any other information, the Administrator (b) Ninety days after the effective date and will set forth the specific grounds on of any emission standard prescribed by which such denial is based. may grant a waiver of compliance with this part, no person shall operate any (e) Neither the submission of an ap­ the applicable emission standard for a stationary source in violation of such plication for approval or the Administra­ period not exceeding 2 years. standard except under a waiver granted tor’s granting of approval to Construct (b) Any such waiver shall be in writ­ by the Administrator in accordance with or modify shall: \ ing and shall: this subpart or under any exemption (1) Relieve an owner or operator of (1) Identify the source covered. granted by the President under section legal responsibility for compliance with (2) Specify the termination date of 112(c) (2) of the Act. any applicable provisions of this part or the waiver. of any applicable State or local require­ (3) Impose such reasonable conditions § 61.06 Determination of construction ment, or as the Administrator determines to be or modification. (2) Prevent the Administrator from necessary to assure installation of the Upon written application therefor by implementing or enforcing this part or necessary controls within the waiver pe­ an owner or operator, the Administrator taking any other action under the Act. riod and to assure protection of the will make a determination of whether §61.09 Source reporting. health of persons from imminent endan­ actions taken or intended to be taken by germent during the waiver period. such owner or operator constitute con­ (a) The owner or operator of any ex­ (c) Prior to finally denying any re­ struction or modification or the com­ isting stationary source to which a stand­ quest for a waiver pursuant to this sec­ mencement thereof within the meaning ard prescribed in this part is applicable tion, the Administrator will notify the of this part. shall, within 30 days after the effective person making such request of the Ad­ date of such standard, provide the Ad­ ministrator’s intention to issue such § 61.07 Application for approval for ministrator the following information: denial, together with: construction or modification. (1) Name and address of the owner or (1) Notice of the information and find­ (a) The owner or operator of any sta­ operator. ings on which such intended denial is tionary source to which a standard pre­ (2) Identification and location of the based, and scribed under this part will be or is ap­ source. (2) Notice of opportunity for such plicable shall, not less than 60 days prior (3) Brief description of the nature, person to present additional information to the date on which construction or size, design, and method of operation in­ or arguments, orally or in writing, to the modification is planned to commence, cluding description of any equipment Administrator prior to final action on submit to the Administrator an applica­ used for the measurement or control of such request. tion for approval of such construction or emissions. (d) A final determination to deny any modification. (b) Changes in the information pro­ request for a waiver will be in writing (b) A separate application shall be vided under paragraphs (a) (1) and (3) and will set forth the specific grounds submitted for each stationary source. of this section shall be provided to the on which such denial is based. (c) Each application shall include the Administrator within 90 days of such following: change. § 61.12 Emission tests and monitoring. (1) Nam© and address of the appli­ § 61.10 Request for waiver of compli­ (a) Emission tests and monitoring cant. ance. shall be conducted and results reported (2) Location or proposed location of in accordance with the test methods and the source, (a) The owner or operator of an exist­ reporting requirements set forth in this ing stationary source unable to operate in part. (3) Technical information describing compliance with a standard or standards the proposed nature, size, design, and (b) At the request of the Adminis­ prescribed in this part may request a trator, the owner or operator of a source method of operation of the source, in­ waiver of compliance with any applicable cluding a description of any equipment subject to this part shall provide, or emission standard under this part for a cause to be provided, emission testing to be used for measurement or control period not exceeding 2 years. of emissions. facilities as follows: (b) Any such request shall be in writ­ (1) Sampling ports adequate for test § 61.08 Approval by Administrator. ing and shall include: methods applicable to such source. (a) The Administrator will, within 60 (1) The owner’s or operator’s name (2) Safe sampling platform(s). days of receipt of application, notify the and address. (3) Safe access to sampling plat- owner or operator of approval or disap­ (2) Identification and location of the form(s). proval of construction or modification. source. (4) Utilities for sampling and testing (b) If the Administrator determines, (3) Technical information describing equipment. based on information included in an ap­ the nature, size, design, and method of § 61.13 Availability of information. plication submitted under § 61.06 or operation of the source, including a de­ other information that a stationary scription of any equipment used far (a) Emission data provided to, or measurement or control of emissions. otherwise obtained by, the Administrator source for which an application pur­ in accordance with the provisions of this suant to § 61.06 was submitted will, if (4) Description of the controls neces­ part shall be available to the public. properly operated not cause emissions in sary for compliance with the applicable violation of an applicable standard, he standard and plans for installation of (b) Any records, reports, or informa­ will approve the construction or modifi­ such controls. tion provided to, or otherwise obtained by, cation of such source. the Administrator in accordance with the (5) A time schedule for obtaining, pro­ provisions of this part shall be available (c) Prior to denying any request for ducing, or installing such controls. The to the public, except that upon a showing approval of construction or modification schedule should include interim meas­ satisfactory to the Administrator by any pursuant to this section, the Administra­ ures to achieve compliance. person that such records, reports, or in­ tor will notify the person making such (6) Description of the emission control formation, or particular part thereof request of the Administrator’s intention steps or other measures which will be (other than emission data), if made pub­ to issue such, together with: taken by the owner during the waiver lic, would divulge methods or processes

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23242 PROPOSED RULE MAKING entitled to protection as trade secrets of (f) “Air-swept drilling” means the were treated in fabric filter installations such person, the Administrator shall process of drilling holes in the earth in as described in § 61.23 (d). consider such records, reports, or in­ the presence of a forced or induced air (c) Emissions to the atmosphere from formation, or particular part thereof,, stream, but not a liquid stream or mist- buildings, structures, or facilities within confidential in accordance with the pur­ containing stream. which any fabricating or manufacturing poses of section 1905 of title 18 of the (g) “Wet drilling” means the process operation is carried on shall be limited as United States Code, except that such of drilling holes in the earth in the pres­ follows: records, reports, or information, or par­ ence of a forced liquid stream or mist- (1) Emissions, in direct forced gas ticular part thereof, may be disclosed to containing stream. streams, of particulate matter resulting other officers, employees, or authorized (h) “Particulate matter” means any from manufacturing or fabricating oper­ representatives of the United States con­ material, other than uncombined water, ations shall not exceed the amounts cerned with carrying out the provisions which exists in a finely divided form as a which would be emitted if such forced of the Act or when relevant in any pro­ liquid or solid. exhausts were treated in fabric filter in­ ceeding under the Act. (i) “Asbestos tailings” means any stallations as described in § 61.23(d) or, solid waste product of asbestos mining where approved by the Administrator § 61.14 State authority. or milling operations which contains because of special process conditions, in The provisions of this part shall not asbestos. wet collectors as described in § 61.23(f). be construed in any manner to preclude (j) “Visible emission” means, for the (2) Emissions of particulate matter any State or political subdivision thereof purpose of this subpart, any emission from any manufacturing or fabricating from: which is visually detectable. operation which continuously generates (a) Adopting and enforcing any emis­ (k) “Asbestos mill” means any facility visible emissions shall not exceed the sion standard or limitation applicable to engaged in the conversion of asbestos ore amount which would be emitted if the air a stationary source provided that such into commercial asbestos. containing such emissions were treated emission standard or limitation is not (l) “Manufacturing operation” means in fabric filter installations as described less stringent than the national emission the processing of commercial asbestos or in § 61.23(d) or, where approved by the standard for hazardous air pollutants ap­ the production of any product containing Administrator because of special process plicable to such source. commercial asbestos. conditions, in wet collectors as described (b) Requiring the owner or operator (m) “Fabricating” means the cutting, in § 61.23(f). of a stationary source to obtain permits, shaping, assembly, mixing or other al­ (3) Visible emissions of particulate licenses, or approvals prior to initiating tering of any manufactured product con­ matter from any manufacturing or fabri­ construction, modification, or operation taining commercial asbestos. cating operations in an area directly open of such source. to the atmosphere are prohibited. § 61.22 Emission standards for asbestos. (d) Visible emissions to the atmos­ Subpart B— National Emission (a) Emissions to the atmosphere from phere of asbestos particulate matter Standards for Asbestos asbestos mines shall be limited as follows: resulting from the repair or demolition of (1) Emissions of particulate matter any building or structure, other than a § 61.20 Applicability. from air-swept or dry drilling operations single-family dwelling are prohibited. The provisions of this subpart are ap­ shall not exceed those which would be (e) The spraying of asbestos is limited plicable to the following sources of at­ emitted from an air-swept or dry drill, as follows: mospheric asbestos: respectively, equipped with a fabric filter ( 1 ) The spraying of any product which Asbestos mines: device for collection of dust generated contains asbestos on any portion of a Asbestos mills; from drilling, as described in § 61.23(a). building or structure is prohibited. Buildings, structures, or facilities within (2) Emissions of particulate matter ( 2 ) The spraying of any product which which manufacturing or fabricating opera­ from wet drilling operations shall not ex­ contains asbestos in an area directly open tions involving the use of commercial as­ ceed those which would be emitted from to the atmosphere is prohibited. bestos are carried on; Buildings or structures which have been or a wet drill equipped with a cyclone gas (3) Emissions of particulate matter will be constructed or modified using asbestos cleaning device for collection of dust or from spraying of any product which con­ insulating products; mist generated from drilling as described tains asbestos, if such spraying is not Roadway facilities which would be surfaced in § 61.23(b). specifically prohibited in subparagraphs or resurfaced using asbestos tailings. (3) Visible emissions of particulate (1) or (2) of this paragraph, shall not matter from any mine road surfaced with exceed the amounts which would be § 61.21 Definitions. asbestos tailings are prohibited. emitted if the air containing such emis­ As used in this subpart, all terms not (b) Emissions to the atmosphere from sions were treated in fabric filter instal­ defined herein shall have the meaning asbestos mills shall be limited as follows: lations as described in § 61.23(d) or, given in the Act and in Subpart A of this (1) Visible emissions of particulate where approved by the Administrator be­ part. matter from asbestos ore dumps, open cause of special process conditions, in (a) “Asbestos” means any of six nat­ storage areas for asbestos-containing wet collectors as described in § 61.23(f). urally occurring, hydrated mineral sili­ materials, external conveyors for as­ (f) The surfacing or resurfacing of cates: Actinolite, amosite, anthophyllite, bestos-containing materials, or asbestos- any roadway with asbestos tailings is chrysotile, crocidolite, and tremolite. containing tailings dumps are prohibited. prohibited. (b) “Commercial asbestos” means any (2) Emissions of particulate matter § 61.23 Referenced equipment specifi­ variety of asbestos which is produced by from asbestos ore dryers shall not exceed cations. the concentration of asbestos ore. those which would be emitted from as­ (c) “Asbestos mine” means any facil­ bestos ore dryers equipped with fabric (a) Fabric filters referred to in § 61.22 ity engaged in the extraction of asbestos filter installations as described in § 61.23 (a) (1) are equipped with fabrics having ore from the earth for the purpose of (c). airflow permeabilities not exceeding recovering commercial asbestos. (3) Emissions of particulate matter 40 cfm/ft2. (d) “Air flow permeability” means the from air streams used to process as­ (b) Cyclone collectors referred to in volumetric rate of air flow in cfm, pro­ bestos ores or for exhausting particulate § 61.22(a) (2) are operated at not less duced by a pressure decrease of 0.5 in. matter resulting from milling operations than 7 in. w.g. pressure decrease as meas­ w.g. across a new, clean filtering fabric, shall not exceed the amounts which ured from the cyclone inlet to the outlet. divided by the area of the fabric in ft2. would be emitted if such air streams were (c) Fabric filters referred to in § 61.22 The test air stream is maintained at treated in fabric filter installations as (b) (2) are equipped with fabrics having nominal atmospheric pressure and described in § 61.23 (d). airflow permeabilities not exceeding 30 temperature. (4) Emissions of particulate matter cfm/ft2. (e) “Dry drilling” means the process from any milling operation Which con­ (d) Fabric filters referred to in § 61.22 of drilling holes in the earth in the ab­ tinuously generates visible emissions (b) (3) and (4), (c) (1) and (2), and sence of an applied liquid stream, mist- shall not exceed the amounts which (e) (3) are equipped with woven cotton containing stream or air stream. would be emitted if such air streams fabrics having airflow permeabilities not

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23243

exceeding 20 cfm/fta. No bypass devices these, the owner or operator shall make (j) “Total emissions” means the emis­ are utilized, and provisions are made for available to the Administrator perform­ sions of beryllium in any form or any emptying the collection hoppers without ance data on comparative tests, using compound, from all points within a sta­ creating visible emissions of particulate suitable standard test aerosols, on the tionary source including emissions from matter. substitute device and the device specified the disposal of beryllium contaminated (e) Fabric filter devices do not meet by the applicable standard. The perform­ waste. the descriptions in paragraphs (a), (c), ance data shall include, but not be § 61.32 Emission standards for beryl­ and (d) of this section if any of the fol­ limited to, the total mass efficiencies of lium. lowing conditions exist: the substitute device and the device (1) Leakage of gases, containing par­ specified by the applicable standard. A stationary source subject to this ticulate matter, from the control system (e) The total mass efficiency of any subpart shall, in accordance with the pro­ prior to filtration. substitute device for those specified by visions of § 61.38, elect to comply with (2) Tom or ruptured bags. § 61.23 (a), (c), or (d) shall not be less either paragraph (a) or (b) of this sec­ (3) Improperly positioned bags. than 99.9 percent. tion. « (4) Badly worn or threadbare bags. (f) The total mass efficiency of any (a) Total emissions to the atmosphere (f) Wet collectors referred to in substitute device for that specified by from sources subject to this subpart shall § 61.22(c) (1) and (2) and (e)(3) are of § 61.23(b) shall not be less than 85 not exceed 10 grams of beryllium in a 24- the high-eneirgy venturi type operated percent. hour day as measured in accordance with with a minimum gas. pressure decrease (g) The total mass efficiency of any Method 3 in the appendix. across the venturi throat of 40 inches w.g. substitute device for that specified by (b) Total emissions to the atmosphere (g) Wet collectors do not meet the § 61.23(f) shall not be less than 99.5 from sources subject to this subpart shall description in paragraph (f) of this sec­ percent. not exceed amounts which result in an tion if any of the following conditions outplant concentration of 0.01 micro­ exist: Subpart C— National Emission grams of beryllium per cubic meter of air (1) Leakage of gases containing par­ Standards for Beryllium averaged over a 30-day period, measured in accordance with a sampling network ticulate matter from the control system § 61.30 Applicability. prior to filtration. approved by the Administrator. (2) Operation at less than 40 inches The provisions of this subpart are ap­ § 61.33 Test methods and procedures— w.g. pressure decrease. plicable to the following sources: stack sampling. (3) Operation at a scrubbing medium Machine shops; Owners or operators electing to comply flow rate less than specified by the Ceramic plants; with § 61.32(a) shall comply with the re­ manufacturer for optimum collection Propellant plants; Foundries; quirements of this section and § 61.34. efficiency. Extraction plants; (a) All beryllium emissions shall be § 61.24 Substitute devices for the at­ Incinerators designed or modified for dis­ transported through stacks or ducts tainment of equivalent emission posal of toxic substances. which permit testing by the methods set control. § 61.31 Definitions. forth in Method 3 in the appendix to this part. (a) Compliance with any applicable As use in this subpart, all terms not standard of this subpart which refers to (b) All tests shall be conducted to in­ defined herein shall have the meaning dicate the weight emitted per 24-hour a control equipment specification in given them by the Act and in Subpart A § 61.23 shall be demonstrated in accord­ day. of this part. (c) Method 3 set forth in the appendix ance with this section if the referenced (a) “Beryllium” means the element control equipment is not used. to this part shall be used as follows: beryllium excluding any associated ele­ (1) The minimum sampling time shall (b) The owner or operator of the emis­ ments. sion source shall make available to the be 2 hours, and the minimum sampling (b) “Extraction plant” means a facil­ volume shall be 75 ft? as measured by the Administrator sufficient information as ity chemically processing beryllium ore to may be required to demonstrate that the gas meter. The total gas volume sampled beryllium metal, alloy or oxide, or per­ at stack conditions shall be calculated. substitute equipment will provide the forming any of the intermediate steps in degree of control which, in the judgment (2) The velocity of the effluents shall these processes. be determined at stack conditions. of the Administrator, is at least as strin­ (c) “Beryllium ore” means any ma­ (3) For each repitition, beryllium gent as that which would be achieved by terial mined, hand cobbed, or gathered in using the equipment specified in the ap­ emission expressed in grams per day any way specifically for its beryllium shall be determined in accordance with plicable standard. To the m aximum ex­ content. Method 3. tent practicable, the determination of (d) “Machine shop” means a facility equivalent degree of emission control will performing cutting, grinding, turning, § 61.34 Periodic stack sampling and be based upon operation at the actual honing, milling, deburring, lapping, elec­ reports* conditions at which the substitute device trochemical machining, hot rolling, (a) All existing sources shall be tested is or will be operated on the emission etching or other similar operations on within 3 months of the effective date of source. Factors which will be considered beryllium metal, alloys or oxide. these regulations and at least once every include, but are not limited to, collection (e) “Ceramic plant” means a manu­ 3 months thereafter. efficiency, reliability, and maintenance facturing plant producing commercial (b) All sources constructed after the practices associated with proper opera­ ceramic stock forms, ware, or other items effective date of these regulations shall tion of the substitute device. from beryllium oxide. be tested immediately upon start-up of (c) The owner or operator of the emis­ (f) “Foundry” means a facility en­ operations and at least once every 3 sion source shall submit to the Adminis­ gaged in the melting and/or casting of months thereafter. trator performance data including, but beryllium metal or alloy. (c) Samples shall be taken over such not limited to, total mass collection effi­ (g) “Propellant” means a fuel and a period or periods as are necessary to ciency of the substitute control device oxidizer physically or chemically com­ accurately determine the maximum emis­ under actual operating conditions or bined which undergoes combustion to sions which would occur in a 24-hour conditions which are representative of provide rocket propulsion. period. In the case of cyclic operations, those of the existing or planned operat­ (h) “Beryllium alloy” means any sufficient tests shall be made so as to ing conditions. metal to which beryllium is deliberately allow accurate determination or calcula­ (d) * In cases for which it is not reason­ added and contains more than 0.1 per­ tion of the emissions which will occur able, in the judgment of the Administra­ cent beryllium by weight. over the duration of the cycle. tor, to require an owner or operator to (i) “Propellant plant” means any fa­ (d) All samples shall be analyzed, and submit performance data which are cility engaged in the mixing, casting, or beryllium emissions shall be calculated based upon actual operating conditions machining of propellant that contains within 5 working days after collection of or conditions which are representative of beryllium. samples. A total emission exceeding the

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23244 PROPOSED RULE MAKING standard shall be reported to the Ad­ § 61.38 Election. § 61.42 Beryllium emission standards. ministrator immediately following deter­ (а) Owners or operators electing to (a) Emissions to the atmosphere from mination of such emission. comply with the standard in § 61.32(b) sources subject to this subpart shall not (e) A written test report shall be made shall so notify the Administrator within cause atmospheric concentrations of as soon as the calculations are com­ 30 days of the effective date of these beryllium to exceed 75 microgram min­ pleted and shall be retained available for standards. A report setting forth the in­ utes per cubic meter of air within 10 to 60 inspection by the Administrator for a formation listed below shall be submitted minutes, accumulated during any 2 con­ period of at least 2 years after the date to the Administrator for approval within secutive weeks, measured anywhere be­ of such report. 45 days of such effective date. yond the property line of such source or (f) Test reports shall include, as a The information shall include: at the nearest place of human habitation. minimum, detailed information on test­ (1) Description of sampling method. (b) If combustion products of motors ing and test calculations, records of op­ (2) Method of sample analysis. containing beryllium propellant are fired erations, unusual occurrences that might (3) Method and frequency of calibra­ into a closed tank, emissions from such affect emissions, and the calculations tion. tank shall not exceed 2 grams per hour correlating operations with test results (4) Averaging technique for determin­ and a maximum of 10 grams per day. sufficient to show maximum 24-hour ing 30-day average concentration, beryllium emissions. § 61.43 Test methods and procedures— (5) Identity and number of sampling air sampling. § 61.35 Waiver of periodic slack sam­ sites. Whether the sites are existing or pling and report requirements. proposed shall be indicated. (a) Compliance with the standard in (б) Sampling locations (address, co­ § 61.42(a) shall be determined in accord­ (a) After performance of initial emis­ ordinates, or distance and heading from ance with this section and § 61.46. sion tests, the requirements of § 61.34 plant). (b) Air sampling instruments and sites may be waived upon written application (7) Ground elevation and height above shall be selected to accurately reflect the to the Adm inistrator if in his judgment ground of sampling inlet. effect of rocket motor firing on ambient the installed control systems and the (8) Sampling location relative to ob­ air concentrations of beryllium near operating procedures are deemed ade­ structions. ground level. Such numbers and sites quate to insure the standard will be met. shall be approved by the Administrator. This waiver in no way prohibits the Ad­ (9) Meteorological and existing air sampling data used to determine relative (c) Ambient air concentrations of ministrator from requiring one or more distribution of ambient air concentra­ beryllium shall be determined according emission tests. tions surrounding the plant. to a method approved by the (b) Detailed information on necessary Administrator. requirements for waiver qualification (10) Plant and sampling area plots may be obtained by submitting a written showing emission points and sampling § 61.44 Test methods and procedures— request to the Environmental Protection sites. Topographic features significantly stack sampling. Agency, Office of Air Programs, Division affecting dispersion shall be indicated. (a) Compliance with the standard in of Compliance, Research Triangle Park, (11) Plant building heights. § 61.42(b) shall be determined in accord­ N.C. 27711. (12) Stack parameters necessary for ance with this section and § 61.46. § 61.36 Test methods and procedures— estimating dispersion (stack height, in­ (b) Test methods and procedures for air sampling. side diameter, exit gas temperature, and stack sampling in § 61.33 shall apply, with exit velocity or flow rate). the exclusion of requirements in § 61.34. Sources electing to comply with § 61.32 (b) shall comply with the requirements If the election is not made, the report § 61.45 Monitoring and reports for air of this section and § 61.37. not submitted, or the Administrator dis­ sampling. (a) Air sampling sites shall be located approves any portion of the air sampling (a) Ambient air concentrations shall in such a manner as is calculated to de­ network, compliance with the standard be measured during and after firing of tect m anm iim ambient air concentra­ will be determined under § 61.32(a). rocket motors and in such a manner that, tions of beryllium near ground level. (b) Prior to disapproving any report the effect of these emissions can be com­ (b) Ambient air concentrations of under paragraph (a) of this section, the pared with the standard. Such sampling beryllium shall be determined in accord­ Administrator will consult with repre­ techniques shall be approved by the ance with a method approved by the sentatives of the source for which the re­ Administrator. Administrator. port is submitted. Ob) Samples shall be analyzed and § 61.37 Monitoring and reports—air (c) If the Administrator at any time results shall be calculated before any has reason to believe an approved net­ subsequent rocket motor firing. sampling. work may not be sampling at points of (a) Ambient air shall be continuously mfl.ximum concentration, he may request (c) A written test report shall be monitored at all monitoring sites except changes in, or expansion of, the sampling made and shall be retained for inspection for a reasonable time allowance for in­ network. by the Administrator for a period of at strument maintenance and calibration, least 2 years after the date of the report. for changing filters, or for replacement of Subpart D— National Emission Stand­ (d) Test reports shall include, as a equipment needing major repair. ards for Beryllium-Rocket Motor minimum, detailed information on test­ (b) Filters shall be changed at least Firing ing and test calculations, a record of the every 4 days and shall be analyzed within rocket firing, and unusual occurrences 24 hours after collection. § 61.40 Applicability. that might affect emissions. (c) A written test report shall be made The provisions of this subpart are ap­ (e) A test result exceeding the stand­ and shall be retained, available for in­ plicable to rocket motor test sites. ard shall be reported to the Administra­ spection by the Administrator, for a pe­ § 61.41 Definitions. tor on the next business day following riod of at least 2 years after the date of determination of such test result. As used in this subpart, all terms not such report. § 61.46 Stack sampling and reports. (d) Test reports shall include, as a defined herein shall have the meaning m inim um , detailed information on test­ given them by the Act and in Subpart A (a) The provisions of this section are ing and test calculations, records of op­ of this part. applicable to monitoring and reporting erations, and unusual occurrences that (a) “Rocket motor test site” means beryllium emissions for determining com­ might affect emissions. any building, structure, or installation pliance with the standard of § 61.42(b). (e) A test result on any sample of more where the static test firing of a rocket (b) Each release of combustion prod­ than 0.03 ng/ms or the determination of motor is conducted. ucts to the atmosphere shall be moni­ an average 30 day concentration exceed­ (b) “Beryllium propellant” means any tored in such a manner as to show the ing 0.01 jug/m* shall immediately be re­ solid propellant incorporating beryllium maYimiim total emission during a 24- ported to the Administrator. particles as a fuel. hour period.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23245

(c) Samples shall be analyzed, and re­ § 61.54 Test methods and procedures— nuders and vent gases from the end boxes sults shall be calculated before any sub­ mercury ore processing facility. of the chlorine cells, for mercury par­ sequent rocket motor is fired. All facilities processing mercury ore ticulates and vapors using Method 1 in (d) A written test report shall be made shall be tested by Method 1 in the appen­ the appendix. The m inim um sampling and shall be retained for inspection by dix. The minimum sampling time shall be time shall be 2 hours, and the minimum the Administrator for a period of at least 2 hours, and the minimum sampling vol­ sampling volume shall be 50 ft* as meas­ 2 years after the date of such report. ume shall be 50 ft* as measured by the ured by the gas meter. For each repeti­ (e) Test reports shall include, as a gas meter. For each repetition, mercury tion, mercury emission expressed in minimum, detailed information on test­ emission expressed in pounds per day pounds per day shall be determined in ing and test calculations, a record of the shall be determined in accordance with accordance with Method 1. rocket firing, and unusual occurrences Method 1. (b) These facilities shall test their mer­ that might affect emissions. cury emissions in the ventilation effluents (f) A test result exceeding the stand­ § 61.55 Periodic emission testing— m er­ from the cell room using Method 2 in the ard will be reported to the Administra­ cury ore processing facility. appendix. The average emissions of mer­ tor immediately following determination (a) All existing sources shall be tested cury as vapor from long, narrow ventila­ of such test result. within 3 months of the effective date of tion ducts, square or rectangular open­ Subpart E— National Emission these regulations and at least once every ings or fans shall be determined as given 3 months thereafter. below using Method 2. Standard for Mercury (b) All sources constructed after the (1) Long, narrow ventilation ducts of § 61.50 Applicability. effective date of these regulations shall the cell room should be sampled at six be tested immediately upon start-up of equally spaced locations. Use the same The provisions of this subpart are ap­ operation and at least once every 3 sample train for all six samples which plicable to facilities processing ore to months thereafter. are taken consecutively. The samples recover mercury and facilities using mer­ (c) Samples shall be taken over such should be extracted at a rate proportional cury chlor-alkali cells to produce chlo­ a period or periods as are necessary to to the gas velocity at each point. The rine gas and alkali metal hydroxide. accurately determine the maximum minimum sampling time shall be 1 y2 § 61.51 Definitions. emissions which would occur in a 24-hour hours, and the minimum sampling vol­ As used in this subpart, all terms not period. In the case of cyclic operations, ume shall be 3.0 ft* as measured by the defined herein shall have the meaning sufficient tests shall be made so as to gas meter. The sample shall be collected given them in the Act and in Subpart A allow accurate determination or calcu­ in a manner described in Method 2. of this part. lation of the emissions which will occur (2) Square or rectangular openings (a) “Total mercury” means the ele­ over the duration of the cycle. with an area greater than 16 ft* shall ment mercury, excluding any associated (d) All samples shall be analyzed, and be split into eight sections. A sample elements, and includes mercury in par­ mercury emissions shall be calculated from the center of each section shall be ticulates, vapors, aerosols, and com­ within 5 working days after collection of taken as described in subparagraph (1) pounds. samples. A total emission exceeding the of this paragraph. Openings with less (b) “Mercury ore” means a mineral standard shall be reported to the Admin - than 16 ft* shall be split into four sec­ mined specifically for its mercury con­ istrator immediately following determi­ tions and a sample taken from the center tent. nation of such emission. of each section. (c) “Mercury ore processing facility” § 61.56 Record keeping—mercury ore (3) Velocities of effluents out of ven­ means a facility processing mercury ore processing facility. tilators shall be measured with a vane to obtain mercury. anemometer. (d) “Mercury chlor-alkali cell” means Written records of information ob­ (4) Fans used for ventilation of cell any device utilizing mercury as a cath­ tained in § 61.55 as well as other operat­ room shall be sampled. Fans with uni­ ode in an electrolytic proeess to produce ing data which will allow determination form discharges out the fan housing chlorine gas and alkali metal hydroxide. or calculation of mercury emissions for a shall be sampled in the center of air (e) “Denuder” means a horizontal or 24-hour period shall be established and flow. Volume shall be determined from vertical container which is part of a mer­ made available for inspection by the Ad­ the fan curve. Sample at a rate pro­ cury chlor-alkali cell and in which water ministrator. Such records shall be main­ portional to the average gas flow rate. and alkali-metal amalgam is converted tained for a period of at least two years The minimum sample time shall be 1V2 to alkali metal hydroxide, metallic mer­ from the date of the record. hours, and the minimum sampling vol­ cury and hydrogen gas in a short-cir­ § 61.57 Waiver of emission test require­ ume shall be 3.0 ft* as measured by the cuited, electrolytic reaction. ments— mercury ore processing fa­ gas meter. Fans with gas discharges out (f) “Hydrogen gas stream” means a cility. of the periphery of the fan housing shall hydrogen stream formed in the chlor- be sampled in the center of the gas flow (a) After performance of initial emis­ in a manner similar to that described alkali cell denuder. sion tests, the requirements of § 61.55 (g) “End box” means a container lo­ above. may be waived upon written application (5) Total mercury emitted per 24- cated on each end of a chlor-alkali cell to the Administrator if in his judgment which functions as a collection point for hour period from the cell room shall be the installed control system and the op­ the sum of emissions from all ventilators. mercury, amalgam, and brine. erating techniques are deemed adequate (h) “Cell room” means a structure to ensure the standard will be met. This § 61.59 Periodic emission testing— mer­ housing one or more mercury electrolytic waiver in no way prohibits the Admin­ cury cell chlor-alkali plant. chlor-alkali cells. istrator from requiring one or more emis­ (a) All existing sources shall be tested § 61.52 Abbreviations. sion tests. within 3 months of the effective date of (b) Detailed information on necessary these regulations and at least once every The abbreviations used in this subpart requirements for waiver qualifications 3 months thereafter. have the following meanings in both may be obtained by submitting a written (b) All sources constructed after the capital and lower case: request to the Environmental Protection effective date of these regulations shall Hg—mercury. Agency, Office of Air Programs, Division be tested immediately upon start-up of of Compliance, Research Triangle Park, operation and at least once every 3 § 61.53 Emission standard for mercury. N.C.27711. months thereafter. Emissions to the atmosphere from (c) Samples shall be taken over such a sources subject to this subpart shah not § 61.58 Test methods and procedures— period or periods as are necessary to ac­ exceed 2,300 grams of mercury per 24- mercury cell chlor-alkali plant. curately determine the maximum emis­ hour period (5.0 pounds per 24-hour- (a) All facilities operating mercury cell sions which would occur in a 24-hour pe­ period), as measured in accordance with chlor-alkali plants shall test their process riod. In the case of cyclic operations, suf­ techniques set forth in the appendix. gases, which are hydrogen from the de- ficient tests shall be made so as to allow

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23246 PROPOSED RULE MAKING accurate determination of the emissions trator from requiring one or more emis­ maintain an Isokinetic sampling rate and to determine sample volume. which will occur over the duration of the sion tests. 2.1.7 Barometer—To measure atmospheric cycle. (b) Detailed information on neces­ pressure to ±0.1 Inches Hg. (d) All samples shall be analyzed andsary requirements for waiver qualifica­ 2.2 Measurement of stack conditions mercury emissions shall be calculated tions may be obtained by submitting a (stack pressure, temperature, moisture and within 5 working days after collection of written request to the Environmental velocity). samples. A total emission exceeding the Protection Agency, Office of Air Pro­ 2.2.1 Pitot tube—Type S (Figure 1-2), or standard shall be reported to the Admin­ grams, Division of Compliance, Research equivalent, with a coefficient within ± 6 % istrator immediately following determi­ Triangle Park, N.C. 27711. over the working range. nation of such emission. M ethod 1— Determination of Mercury - in § 61.60 Record keeping—mercury cell P articulate and G aseous E m issio n s F rom Stationary Sources chlor-alkali plant. 1. Principle and applicability. Written records of information ob­ 1.1 Principle. Particulate and gaseous tained in § 61.59 as well as other operat­ emissions are isokinetically sampled from the ing data which will allow determination source and collected in acidic iodine mono- or calculation of mercury emissions for chloride solution. The mercury collected (in a 24-hour period shall be established the mercuric state) is reduced to elemental and made available for inspection by the mercury in basic solution by hydroxylamine Administrator. Such records shall be sulfate. Mercury is vaporized from the solu­ tion using a zero grade air stream and ana­ maintained for a period of at least 2 years lyzed using an atomic absorption spectro­ from the date of the record. photometer in the flameless mode. § 61.61 Waiver of emission test require­ 1.2 Applicability. This method is appli­ ments—mercury cell chlor-alkali fa­ cable for the determination of mercury in cility. particulate and gaseous emissions from sta­ tionary sources only when specified by the (a) After performance of initial emis­ test procedures for determining compliance sion tests, the requirements of § 61.59 with the Clean Air Act. 2.2.2 Differential pressure gauge—Inclined may be waived upon written application 2. Apparatus. manometer, or equivalent, to measure veloc­ to the Administrator if in his judgment 2.1 Sampling train. The design specifica­ ity head to within 10 % of the minimum the installed control system and the op­ tions of the particulate sampling train used value. erating techniques are deemed adequate by EPA (Figure 1-1) are described in APTD- 2.2.3 Temperature gauge—Thermocouple, to ensure the standard will be met. This 0581. Commercial models of this train are or equivalent, attached to the pitot tube waiver in no way prohibits the Adminis­ available. to measure stack temperature to within 1.5% of the m i n i m u m absolute stack temperature. 2.2.4 Pressure gauge—Mercury-filled U- tube manometer, or equivalent, to measure stack pressure to within 0.1 in. Hg. 2.2.5 Barometer — To measure atmos­ pheric pressure to within 0.1 in. Hg. 2.2.6 Thermometers—Wet and dry bulb. 2.3 Sample Recovery. 2.3.1 Leakless glass sample bottles—(one) 500 ml. and (two) 100 ml. with Teflon * lined tops. 2.3.2 Graduated cylinder—250 ml. 2.3.3 Plastic jar—one, approximately 300 ml. 2.4 Analysis. 2.4.1 Atomic absorption spectrophotom­ eter (A.AJ3.)—Perkin Elmer Model 303, or equivalent, with a cylindrical gas cell (ap­ proximately 1.5 in. O.D. x 7 in.) with quartz glass windows. 2.4.2 Analysis tube—100 ml., glass, bulb type, "Mae West”, with ground glass flittings. 2.4.3 Light source—Mercury vapor lamp. 2.4.4 Recorder—(one) to match output of atomic absorption spectrophotometer. 2.4.5 Trip balance—300 g. capacity, to measure to ±0.05 g. 3. Reagents. 3.1 Stock Reagent. 3.1.1 Potassium Iodide (K3) 25% W/V (weight/volume)—Dissolve 250 grams of KI Figure 1-1. Particulate-sampling train. in distilled water and dilute to 1 liter. 3.1.2 Hydrochloric acid (HC1)—concen­ 2.1.1 Nozzle—Stainless steel (816) with 2.1.3 Pitot tube—Type S, or equivalent, trated. sharp, tapered leading edge. attached to probe to monitor stack gas velocity. 3.1.3 Potassium iodate—reagent grade. 2.1.2 Probe—Pyrex* 1 glass with a heat­ 3.1.4 Distilled water. ing system capable of maintaining a mini­ 2.1.4 Filter Holder—Pyrex* glass. mum gas temperature of 250* F at the exit 2.1.5 Impingers—Five knpingers con­ 3.1.5 Iodine monochloride ( I d ) —1.0M— end during sampling to prevent condensation nected in series with glass ball joint fittings. to 800 ml. of 25% potassium iodide solution from occurring. Probes for sampling gas The first, third, fourth and fifth are of the (reagent 3.1.1), add 800 ml. of concentrated streams at temperatures In excess of 600* Greenburg-Smith design, modified by replac­ hydrochloric acid. Oool to room temperature. F and where length limitations are encoun­ ing the tip with a %-inch ID glass tube ex­ With vigorous stirring, slowly add 135 grams tered are subject to approval by the Admin­ tending to % Inch from the bottom of the of potassium iodate and continue stirring flask. The second lmplnger is of the Green­ until all free Iodine has dissolved to give a istrator. burg-Smith design with the standard tip. clear orange-red solution. Oool to room tem­ 2.1.6 Metering system—Vacuum gauge, perature and dilute to 1,800 ml. 1 Disclaimer—Mention of trade names or leak-free pump, therometers capable of 3.2 Sampling. commercial products does not constitute measuring temperature to within 5 *F , dry 3.2.1 Filter—Glass fiber, Mine Safety Ap­ endorsement by the Environmental Protec­ gas meter with 2 % accuracy, and related pliances 1106 BH*, or equivalent, numbered tion Agency. equipment, or equivalent, as required to for identification and preweighed.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23247

3.2.2 Absorbing solution, iodine mono- NUMBER OF DUCT DIAMETERS UPSTREAM* chloride (IC1) 0.1M—Dilute 100 ml. of the (DISTANCE A) 1.0M Id stock solution (reagent 3.1.5) to l liter with distilled water. This reagent is 0.5 1 A u t 2.0 2.5 stable for at least 2 months. 3.2.3 Wash acid—1:1 v/v nitric acid— water. 3.2.4 Distilled and deionized water. 3.2.5 Silica gel—Indicating type, 6 to 16 mesh, dried at 175° C (350° F) for 2 hours. 3.2.6 Soda lime— 6 to 16 mesh. 3.3 Analysis. 3.3.1 Sodium Hydroxide (NaOH) 10 N. 3.3.2 Reducing agent, 12% W/V hydroxyl- amine sulfate (NH4OH.l/2 H2S04), 12% W/V sodium chloride (N ad)—to 60 ml. of dis­ tilled water, add 12 grams of hydroxylamine sulfate and 12 grams of sodium chloride. Di­ lute to 100 ml. This quantity is sufficient for 20 analyses. 3.3.3 Aeration gas—zero grade air. 3.4 Mercury Standard Solutions. 3.4.1 Stock solution—Add 0.1354 grams of mercuric chloride (H gd2) to 80 ml. of 0.3N hydrochloric acid (HC1). After the mercuric chloride has dissolved, add 0.3N H d to adjust the volume of 100 nil. One ml. of this solution is equivalent to 1 mg. of free mercury. 3.4.2 Standard solutions—Prepare cali­ bration solutions of 0.1 /tg/ml, 0.4 Ag/ml, 0.6 /tg/ml, 1.0 yttg/ml, and 2.0 /»g/ml, by seri­ ally diluting the stock solution (3.4.1) with 0.3N H d. Store in glass-stoppered, glass bot­ (DISTANCE B) tles. These solutions are stable for at least 2 months. 4. Procedure. 4.1 Selection of a sampling site and mini­ mum number of traverse points. Figure 1-3. Mlnigium number of Iraverse points. 4.1.1 Select a sampling site that is, at least eight stack or duct diameters down­ 4.2 Cross-sectional layout and location 4.2.2 For rectangular stacks divide the stream and two diameters upstream from any flow disturbance such as a bend, expansion, of traverse points. cross section Into as many equal rectangular contraction, or visible flame. For rectangular 4.2.1 For circular stacks locate the tra­ areas as traverse points, such that the ra­ cross section, determine an equivalent diam­ verse points on at least two diameters ac­ tion of the length to the width of the ele­ eter from the following equation: cording to Figure 1—4 and Table 1—1. The mental areas is between one and two. Locate /(length) (width)\ traverse axes shall divide the stack cross sec­ the traverse points at the centroid of each equivalent diameter= 2 ( length+width ) tion Into equal parts. equal area according to Figure 1-5. eq. 1 - 1 4.1.2 When the above sampling site cri­ teria can be met, the minimum number of traverse points is four (4) for stacks 1 foot in diameter or less, eight (8) for stacks above 1 foot but 2 feet in diameter or less, and twelve (12 ) for stacks larger than 2 feet. * 4.1.3 Some sampling situations render the above sampling site criteria impractical. When this is the case, choose a convenient sampling location and use Figure 1-3 to determine the minimum number of tra­ verse points. 4.1.4 To use Figure 1-3 first measure the distance from the chosen sampling loca­ tion to the nearest upstream and down­ —:--- 1------stream disturbances. Determine the corre­ l sponding number of traverse points for each • ! • • i • ! distance from Figure 1-3. Select the higher * r 1 •Mi of the two numbers of traverse points, or " “*T...... a greater value, such that for circular stacks • j • 1 the number is a multiple of four, and for 1 rectangular stacks the number follows the j i criteria of section 4.2.2. elei • •1 • 4.1.5 Under no conditions should a sam­ ____1____1 i pling point be selected within 1 inch of Fl9ua»l*S. Cross section of rectangular stack divided Into t2 ecwtl the stack wall. area#, with ««verse points at centroid or each area.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 No. 235-----8 23248 23248 Table 1-1. Location o f‘traverse points In circular stacks tip and pulling a 15 in. Hg. vacuum. A at the first traverse point with the tip point­ leakage rate not in excess of 0.02 elm at a ing directly into the gas stream. Immediately (Percent of stack diameter from inside wall to traverse point) vacuum of 15 in. Hg. is acceptable. Release start the pump and adjust the flow to iso­ the vacuum on the train, and then turn off kinetic conditions. Sample for at least 5 Traverse the pump. Adjust the heater to provide a minutes cut each traverse point; sampling gas temperature of about 250°F at the probe time must be the same for each point. Main­ point outlet. Place crushed ice around the imping­ tain isokinetic sampling throughout the number Number of traverse points on a diameter sampling period. Nomographs are available yu a ers. Add more ice during the run to keep the 16 18 20 22 24 temperature of the gases leaving the last which aid in the rapid adjustment of the diameter 2 4 6 8 10 12 14 impinger at 70°F or less. sampling rate without other computations. 4.5 Particulate train operation. APTD-0576 details the procedure for using 1 14.6 6.7 4.4 3.3 2.5 2.1 1.8 1.6 1.4 1.3 1.1 1.1 4.5.1 For each run, record the data re­ these nomographs. Turn off the pump at the 2 85.4 25.0 14.7 10.5 8.2 6.7 5.7 4.9 4.4 3.9 3.5 3.2 quired on the example sheet shown in Fig­ conclusion of each run and record the final ure 1-6. Take readings at each sampling 75.0 29.5 19.4 14.6 11.8 9.9 8.5 7.5 6.7 6.0 5.5 readings. Remove the probe and nozzle from 3 point, at least every 5 minutes, and when the stack and handle in accordance with the 14.6 12.5 10.9 9.7 8.7 7.9 significant changes in stack conditions 4 93Í3 70.5 32.3 22.6. 17.7 necessitate additional adjustments in flow sample recovery process described in section 5 85.3 67.7 34.2 25.0 20.1 16.9 14.6 12.9 11.6 10.5 rate. To begin sampling, position the nozzle 4.6.

6 95.6 80.6 65.8 35.5 26.9 22.0 18.8 16.5 14.6 13.2 PLANT ______AMBIENT T B W K rU R t. 7 89.5 77.4 64.5 36.6 28.3 23.6 20.4 18.0 16.1 L O C A T IO N , OPERATOR _ 8 96.7 85.4 65.0 63.4 37.5 29.6 25.0 21.8 19.4 PATE 91.8 82.3 73.1 62.5 38.2 30.6 26.1 23.0 «U N WO. % S A M P LE BOX N O *. 10 97.5 88.2 79.9 71.7 61.8 38.8 31.5 27.2 VETER BOX N 0 ._ RPSD UE MAKING RULE PROPOSED 32.3 METER .H ^ _____ n 93.3 85.4 78.0 70.4 61.2 39.3 CFACTOR____ SCHEMATIC O f STACK CROSS SECTION 12 97.9 90.1 83.1 76.4 69.4 60.7 39.8 PRESSURE DIFFERENTIAL 13 94.3 87.5 81.2 75.0 68.5 60.2 ACROSS G A I SAMPLE TEMPERATURE ORIFICE AT DRY GAS MEIER SAMPLING * S T A T IC «TACK VELOCITY METER GAS SAMPLE IMPINGUI OUTLET 14 98.2 91.5 85.4 79.6 73.9 67.7 TRAVERSE POINT TIME PRESSU RE TEMPERATURE HEAD UH). VO LUM E INLET TEMPERATURE. Te m p e r a t u r e . NUMBER ft), min. . (Ps). In . Hg. ITS).*P U P j ) . 1 n .H z O (V n O fft * I T m |„ .l.* F r r m ^ . * p •F » p 15 95.1 89.1 83.5 78.2 72.8 16 98.4 92.5 87.1 82.0 77.0 17 95.6 90.3 85.4 80.6 18 98.6 93.3 88.4 83.9 19 96.1 91.3 86.8 20 98.7 94.0 89.5 21 96.5 92.1 22 98.9 94.5

23 96.8 TOTAL A v g . A v g . 24 98.9 AVERAGE A v g . Figure 1-6. Particulate field data.. 4.3 Measurement of stack conditions. 4.4 Preparation of sampling train. 4.3.1 Set up the apparatus as shown in 4.4.1 Prior to assembly, clean all glass­ 4.6 Sample recovery. No. 3. Place the filter and 100 ml of the 0.1M Figure 1-2. Make sure all connections are ware (probe, impingers, and connectors) by 4.6.1 (All glass storage bottles and IC1 in storage bottle No. 2 and the silica gel tight and leak free. Measure the velocity rinsing with the acid wash solution (reagent graduated cylinder must be precleaned as in the plastic jar. Seal and secure all storage head and temperature at the traverse points 3.2.3), tap water, 0.1M IC1, tap water, and in section 4.4.1). This operation should be containers for shipment. If an additional specified by sections 4.1 and 4.2. finally distilled water. Place a filter in the performed in an area free of possible mer­ test is desired, the glassware can be rinsed 4.3.2 Measure the static pressure in the filter assembly. Place 100 ml of 0.1 molar cury contamination. Disconnect the probe with distilled water and reassembled. How­ stack. (0.1M) iodine monochloride in each of the from the impinger train. Place the contents ever, if the glassware is to be out of use more 4.3.3 Determine the stack gas moisture first three impingers, and place approxi­ (measured to ± 1 ml) of the first three im­ than 2 days, the initial acid wash procedure using wet and dry bulb thermometers and mately 200 g. of preweighed silica gel in the pingers into storage bottle No. 1. Rinse the must be followed. ' available psychrometric charts. fourth impinger. Save 80 ml of the I d for probe and all glassware between it and the 4.7 Analysis. 4.3.4 Determine the stack gas molecular use as a blank in the sample analysis. Set up back half of the filter assembly with two 50 4.7.1 Apparatus preparation—Clean all weight from the measured moisture content the train and the probe as in Figure 1-1. ml portions of 0.1M IC1 solution. Add these glassware according to the procedure of sec­ and knowledge of the expected gas stream 4.4.2 Leak check the sampling train at rinses to storage bottle No. 1. For a blank, tion 4.4.1. Turn on the A.A.S. mercury lamp composition. the sampling site by plugging up the probe place 80 ml of the 0.1M IC1 in storage bottle and allow to warm up for 30 minutes prior

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23249 to analysis. Adjust the instrument settings 6.3 Volume of water vapor. HAUT______according to the Instrument manual, using n«* -, r------an absorption wavelength of 253.7 tun. PHjO RT. KUNKOw______„ Vw=Vi ■mtniiMrra.1». 4.7.2 Analysis preparation—Adjust the • M Hjo P. eq. 1-3 air delivery pressure and the needle valve nmiMiiHBag.nifc - to obtain an air flow of 1.3 1/min. The anal­ where: STATICPKSSV«B i t t a I*.H*______. . ______ysis tube should be bypassed at this time. V»a—Volume of water vapor in the gas sample ( s t a c k B B M ß t e ______SCHEMATIC Of STACK Purge the equipment for 2 minutes. Prepare conditions), cu. ft. CROSS SECTION a sample of mercury standard solution Vi.=Total volume at liquid collected in impinge« (3.4.2) according to Section 4.7.3. Place the and silica gel (see Figure 1-7), ml. analysis tube in the line, and continue aerat­ PBfO— Density of water, 1 g./mL stick T— ing until a maximum peak height is reached T n v M t p o i^ Velocity haul (Witte Mh,o=M olecular weight of water, 13 Ib./lb.-mole. on the recorder. Remove the analysis tube, nu m ber flush the lines, and rinse the analysis tube R=Ideal gas constant, 21 A3 inches Hg.-eo. ft. fib. with distilled water. Repeat with another T,=Absolute stack gas temperature, °R. P.=Absolute stack gas pressure, inches Hg. sample of the same standard solution. This . purge and analysis cycle is to be repeated until peak heights are reproducible. VOLUME Of LIOUIO 4.7.3 Sample preparation—Just prior to WATER COLLECTED analysis, transfer a sample aliquot of up to 50 ml to the cleaned 100 ml analysis tube. Ad­ IMPINGER SILICA GEL just the volume to 50 ml with 0.1M IC1 if VOLUME WEIGHT required. Add 5 ml of ION NaOH, cap tube ml R with a clean glass stopper and shake vigor­ FINAL ously. Add 5 ml of the reducing agent (re­ agent 3.3.2), cap tube with a clean glass INITIAL stopper and shake vigorously and immedi­ LtOUID COLLECTED ately place in sample line. 4.7.4 Mercury determination—After the TOTAL VOLUME COLLECTED « * m l system has been stabilized, prepare samples CONVICT W IGHT 01 WATER TO VOLUMI W DIVIDING TOTAL WEIGHT from each storage bottle according to section INCREASE BY DENSITY OF WATER. I l g Mi 4.7.3. The mercury content is read by com­ paring the peak heights of the samples to the * muME WA™> mi peak heights of the calibration solutions. If collected samples are out of the linear AVERAGE: range, the samples should be diluted. Pre­ figure 1-7. Analytical data. pare a blank from storage bottle No. 3 ac­ 6.4 Total gas volume. Figure l-e. Velocity traverse data. cording to section 4.7.3 and analyze to determine the reagent blank mercury level. 5. Calibration. Vtoui=V ».+ Vw. eq 1-4 W,=V‘ ( ? ) +V* ( ^ ) _Vb(Cl) 5.1 Sampling Train. eq. 1-6 5.1.1 Use standard methods and equip­ where: VTotai==Total volume of gas sample (stack where: conditions), cu. ft. W t—Total weight of mercury collected, Mg. ment as detailed in APTD-0576 to calibrate Vm>—Volume of gas through dry gas meter Vj=Total volume at condensed moisture and IC1 In the rate meter, pitot tube, dry gas meter, (stack conditions), cu. ft. sample bottle No. 1, ml. and probe heater. Recalibrate after each test VT|—Volume of water vapor in gas sample wi=Weight mercury found in sample aliquot from series. (stack conditions), cu. ft. sample bottle No. 1, jug. vi=Size of aliquot from sample bottle No. 1, ml. 5.2 Analysis. 6.5 Stack gas velocity. Vj=Total volume of absorbing solution in 1C1 in 5.2.1 Prepare a calibration curve for the sample bottle No. 2, ml. Use equation 1-5 to calculate the stack gas Wj=Weight of mercury found in aliquot from sample atomic absorption spectrophotometer by bottle No. 2, fig. analyzing the standard mercury solutions. velocity. vj=Aliquot size from sample bottle No. 2, ml. Plot the peak heights read on the recorder V t—Total volume of IC1 used in sampling, (implnger versus the weight of mercury in the stand­ T . A p contents + all wash amounts) ml. V .=K pCp Cb= Concentration of mercury in 0.1M IC1 solution ard solutions. Standards should be inter­ P.M. eq. 1-5 from sample bottle No. 3, mg./mL spersed with the sample analyses since the Ü calibration can change slightly with time. where: 6.7 Total mercury emission. Calculate the V, = Stack gas velocity, feet per second (f.p.s.). total amount of mercury emitted per day 6. Calculations. by eq. 1-7. 6.1 Average dry gas meter temperature, _ ft. / lb. V* stack temperature, stack pressure and aver­ R=0.00019^-V.A. _ 17 age orifloe pressure drop. See data sheet 9 sec. \lb. mole-°R/ V total eq. 1 7 (Figure 1-6). where: when these units are used. R —Rate of emission, Ibs./day. 6.2 Dry gas volume. Correct the sample C* -P ito t tube coefficient, dimensionless. Wt—Total weight of mercury collected, jug. volume measured by the dry gas meter to Ta —Average absolute stack gas temperature, °R. Vtotal “ Toted volume of gas sample (stack conditions), stack conditions by using equation 1- 2. A» “ Average velocity head of stack gas, Inches HjO cu. ft. (see Fig. 1-8). Va—Stack gas velocity, feet per second. Pa —Average absolute stack gas pressure, inches Hg; Aa=Stack area, ft.* V = V — PK. 4—^5 Ma —Molecular weight of stack gas (wet basis), the sum­ 6.8 Isokinetic variation (comparison of “■ “ Tm b*'^13.6 eq. 1-2 mation at the products of the molecular weight P, of each component multiplied by its volumetric velocity of gas in sample train to stack proportion in the mixture, ib./lb.-mole. velocity). where: Vma=Volume of gas sample through the dry gas meter lOd (stack conditions), eu. ft. Figure 1-8 shows a sample recording sheet A„0 V a = Volume of gas sample through the dry gas meter I=- (meter conditions), eu. ft. for velocity traverse data. Use tiie averages V. eq. 1-8 T ,—Average absolute temperature of stack gas, "R; PbM=Barometric pressure at the orifice meter, inches In the last two columns of Figure 1-8 to where: _ E g. determine the average stack gas velocity from I —Percent of isokinetic sampling. AH—Average pressure drop across the orifice meter, Vtotai“ Total volume of gas sample (stack conditions), inches H*0. equation 1-5. cu. ft. 13.6=Specific gravity of mercury; 6.6 Mercury collected. Calculate the total A„—Sample probe tip area, ft.*. P«=Average absolute pressure of stack gas, inches 0—Sample time, sec. Hg. weight of mercury collected by using eq. 1- 6. Va= Stack gas velocity, feet per second.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23250 PROPOSED RULE MAKING

6.8.1 Acceptable results. The following 2.1.2 Impingers—Four midget type. mlne sulfate and 12 grams of sodium chlo­ range sets the limit on acceptable isokinetic 2.1.3 D rying tube— One, packed w ith silica ride. Dilute to 100 mL This quantity is suffi­ sampling results : gel. cien t for 20 analyses. If 90% < I < 110%, the results are ac­ 2.1.4 Acid absorbing tube—One, packed 3.3.3 A eration gas— Zero grade air. ceptable; otherwise, reject the results and w ith soda lim e. 3.4 Mercury standard solutions. repeat the test. 2.1.5 Vacuum pump—Leakless, with ca­ 3.4.1 S to ck solution— Add 0.1354 gram s of 7. References. pacity to reduce pressure to 3 in. Hg. abs. mercuric chloride (HgCli) to 80 ml of 0AN hydrochloric acid (HOI). After the mercuric Addendum to Specifications for Incinerator ACID ABSORBING TU K Testing at Federal Facilities, PHS, NCAPC, chloride has dissolved, add 0.3N H Q to ad­ December 6,1967. just the volume to 100 ml. One ml of this Determining Dust Concentration in a Gas solution is equivalent to l mg of free Stream, ASME Performance Test Code m ercury. #27, New York, N.Y., 1957. 3.4.2 Standard solutions—Prepare calibra­ Devorkin, Howard, et al., Air Pollution Source tion solutions of 0.1 ¿g/ml, 0.4 #g/ml, 0.6 Testing Manual, Air Pollution Control Dis­ Ag/ml, 1.0 /tg/ml, and 2.0 Ag/ml by serially trict, Los Angeles, Calif., November 1963. diluting the stock solution (3.4.1) with 0.3N Hatch, W. R. and W. L. Ott, "Determination HC1. Store in glass-stoppered, glass bottles. of Sub-Microgram Quantities of Mercury These solutions are stable for at least 2 by Atomic Absorption Spectrophotometry,” months. Anal. Chem., 40: 2085-87, 1968. 4. Procedures. Mark, L. S., Mechanical Engineers’ Hand­ 4.1 Selection of sampling sites. book, McGraw-Hill Book Co., Inc., New 4.1.1 Long, narrow ventilation ducts of York, N.Y., 1951. the cell room shall be sampled at six equally Martin, Robert M., Construction Details of spaced locations. Isokinetic Source Sampling Equipment, 4.1.2 Square or rectangular openings with Figure 2-1. Hg sampling train. an area greater than 16 ft2 shall be split into Environmental Protection Agency, APTD- eight equal sections. A sample from the 0581. 2.1.6 Rate meter—Rotameter, or equiv­ center of each section shall be taken as de­ Methods for Determination of Velocity, Vol­ alent, to measure 0-10 scfh. (standard cubic scribed in section 4.1.1. Openings with less ume, Dust and Mist Content of Gases, feet per hour) flow range. than 16 ft2 shall be split into four sections Western Precipitation Division of Joy Man­ 2.1.7 Dry gas meter—With capacity to and a sample taken from the center of each ufacturing Co., Los Angeles, Calif. Bulletin measure gas sample volume to ± 1 %. section. WP-50,1968. 2.2 Measurement of exit gas conditions 4.1.3 Fans with uniform discharges out Perry, J. H., Chemical Engineers’ Handbook, (temperature, velocity, and pressure). the fan housing shall be sampled in the cen­ McGraw-Hill Book Co., Inc., New York, 2.2.1 Vane anemometer, commercial. ter of air flow. Fans with gas discharges out New York, 1960. 2.2.2 Temperature gauge, to measure exit of the periphery of the fan housing shall be Rom, Jérome J., Maintenance, Calibration, gas temperature to within 1.5% of minimum sampled in the center of the gas flow. and Operation of Isokinetic Source Sam­ absolute exit gas temperature. 4.2 Measurement of exit gas conditions. pling Equipment, Environmental Protec­ 2.2.3 Barometer, to measure atmospheric 4.2.1 Measure the exit gas temperature at tion Agency, APTD-0576. pressure to within 0.1 in. Hg. each sample site. Determine the average Shigehara, R. T., W. F. Todd, and W. S. Smith, 2.3 Sample recovery. temperature. Significance of Errors in Stack Sampling 2.3.1 Leakless glass sample storage bot­ 4.2.2 Measure the barometric pressure at Measurements, Paper presented at the An­ tles—Two (2), approximately 200 ml. with the time of the test. nual Meeting of the Air Pollution Control Teflon lined tops. 4.2.3 Velocities of effluents out of ventila­ Association, St. Louis, Mo., June 14-19, 2.3.2 Graduated cylinder—100 ml. tors shall be measured with a vane 1970. 2.4 Analysis. anemometer. Smith, W. S., et al., Stack Gas Sampling Im­ 2.4.1 Atomic absorption spectrophotom­ 4.2.4 Fan volumes shall be determined proved and Simplified with New Equip­ eter (A.A.S.), Perkin-Elmer Model 303, or from the fan curve. ment, APCA paper No. 67-119, 1967. equivalent, with a cylindrical gas cell (ap­ 4.3 Preparation of sampling train. Smith, W. S., R. T. Shigehara, and W. F. proximately 1.5 in. O. D. x 7 in.) with quartz 4.3.1 Prior to assembly, clean all glassa Todd, A Method of Interpreting Stack Sam­ glass windows. ware (probe, impingers and connectors) by pling Data, Paper presented at the 63rd 2.4.2 Analysis tube—100 ml., glass, bulb rinsing with the acid wash solution (reagent Annual Meeting of the Air Pollution Con­ type, “Mae West,” with ground glass fittings. 3.2 .2), tap water, and finally distilled water. trol Association, St. Louis, Mo., June 14-19, 2.4.3 Light source—Mercury vapor lamp. Place 15 ml of 0.1M iodine monochloride in 1970. 2.4.4 Recorder—(One) to match output each of the first three midget impingers. The Specifications for Incinerator Testing at Fed­ of atomic absorption spectrophotometer. fourth impinger is filled with silica gel. As­ eral Facilities, PHS NCAPC, 1967. 3. Reagents. semble the sampling train as shown in Standard Method for Sampling Stacks for 3.1 Stock reagent. Figure 2-1. Particulate Matter, In: 1971' Book of ASTM 3.1.1 Potassium iodide (KI) 25% W/V 4.3.2 Place a plug in the probe inlet and Standards, Part 23, Philadelphia, 1971, (weight/volume)—Dissolve 250 grams of KI leak check the sampling train by applying a ASTM Designation D-2928-71. in distilled water and dilute to 1 liter. vacuum of 10 in. Hg. to the system. If the Vennard, J. K., Elementary Fluid Mechanics, 3.1.2 Hydrochloric acid (HC1)—Concen­ leakage, as observed on the dry gas meter, John Wiley and Sons, Inc., New York, 1947. trated. exceeds 1 % of the desired sampling rate, M ethod 2—Determination op Mercury in 3.1.3 Potassium iodate—Reagent grade. locate and correct the leaks. Release the G aseous Em issio n s F rom Stationary S ources 3.1.4 Distilled water. vacuum on the train by carefully removing the plug from the probe inlet, then turn off 1. Principle and applicability. 3.1.5 Iodine monochloride (IC1) 1.0M— the pump. Place crushed ice around thè 1.1 Principle. Gaseous samples are col­ To 800 ml of 25% potassium iodide solution impingers. lected in impingers containing acidic iodine (reagent 3.1.1), add 800 ml of concentrated monochloride solutions. The collected mer­ hydrochloric acid. Cool to room temperature. 4.4 Sample collection. cury (in the mercuric state) is reduced to With vigorous stirring, slowly add 135 grams 4.4.1 Use the same sample train for all elemental mercury in basic solution by hy- of potassium iodate and continue stirring samples which are taken consecutively. The droxylamine sulfate. Mercury is vaporized until all free iodine has dissolved to give a samples should be extracted at a rate pro­ from the solution using zero grade air stream clear orange-red solution. Cool to room tem­ portional to the gas velocity at each point. and analyzed using an atomic absorption perature and dilute to 1,800 ml. The minimum sampling time and sample spectrophotometer in the flameless mode. 3.2 Sampling. volume shall be, respectively, 1 % hours and 1.2 Applicability. This method is appli­ 3.2.1 Absorbing solution, iodine mono­ 3.0 ft* as measured by the gas meter. cable for the determination of mercury in chloride (IC1) 0.1M—Dilute 100 ml of the 4.4.2 Position the probe tip at the desired gaseous emissions from stationary sources 1.0M IC1 stock solution (reagent 3.1.5) to 1 sampling point; record the initial reading only when specified by the test procedures for liter with distilled water. This reagent is on the dry gas meter, and additional data determining compliance with the Clean Air stable for at least 2 months. required. Start the pump. Establish the ini­ tial sampling rate at 2 scfh. Maintain con­ Act. 3.2.2 Wash acid—1:1 v/v nitric acid— 2. Apparatus. stant flow rate and maintain the ice level water. in the impinger bath throughout the run. 2.1 Sampling. See Figure 2-1. (Note: All 3.2.3 Distilled and deionized water. surfaces that come Into contact with the At the end of the run, turn off the pump and 3.3 Analysis. record the final reading on the dry gas meter. Iodine monochloride solution must be glass.) 3.3.1 Sodium hydroxide (NaOH) 10 N. Place a plug in the probe inlet, and remove 2.1.1 Probe—Pyrex* * glass, approximately 3.3.2 Reducing agent, 12% W/V hydrox- sampling train to sample recovery area. 5-6 mm. I.D. ylamine sulfate (NHsOH-1/2 H«SO*) 12% 4.5 Sample recovery. (All glass storage W/V sodium chloride (NaCl)—To 60 ml of bottles must be precleaned as in section * Trad e nam e. distilled water, add 12 grams of hydroxyla- 4.3.1). FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSEO RULE MAKING 23251 4.5.1 This operation should be performed cording to section 4.6.3 and analyze to de­ in an area free of possible mercury contami­ termine the reagent blank mercury level. wt=y1^ - v b(cb) eq. 2-3 nation. Disconnect the probe from the im- 5. Calibration. Vi pinger train. Place the contents (measured 5.1 Sampling train. where: to ± 1ml) of the first three impingers into 5.1.1 Use standard methods and equip­ Wt= Total weight of mercury collected, Mg. storage bottle No. 1. Rinse the probe and ment as detailed in APTD-0576 to calibrate Vi=Total volume of absorbing solution and IC1 wash in sample bottle No. 1, ml. all glassware up to and including the third the rate meter and the dry gas meter. Wi=Weight of mercury found in aliquot from sample impinger with 50 ml of 0.1M IC1. Place this 5.2 Analysis train. bottle No. 1, M g- rinse portion in storage bottle No. 1. For 5.2.1 Prepare a calibration curve for tbe vi=A liquot size from sample bottle No. 1, ml. a blank, place 80 ml of the 0.1M IC1 in sample atomic absorption spectrophotometer by Vb=Total volume of IC1 used in sampling (impinger contents+ail wash amounts) ml. jar No. 2. Seal and secure both storage bot­ analyzing the standard mercury solutions. Cb=Concentration of mercury in 0.1M IC1 solution tles for shipment. If an additional test is Plot the peak heights read on the recorder from sample bottle No. 2, Mg./ml. desired, the glassware can be rinsed with versus the weight of mercury in the standard distilled water and reassembled. However, if solutions. Standards should be interspersed 6.5 Total mercury emission. Calculate the the glassware is to be out of use more than with the sample analyses since the calibra­ total amount of mercury emitted per day by 2 days, the initial acid wash procedure must tion can change slightly with time. equation 2-4. be followed. 6. Calculations. 4.6 Analysis. 6.1 Gas sample volume at standard con­ R = 0.00019=^-VSAS eq. 2-4 ditions. Correct the sample volume measured V total 4.6.1 Apparatus preparation—Clean all where: glassware according to the procedure of sec­ by the dry gas meter to exit gas conditions R = Rate of emission, Ib./day. tion 4.3.1. Turn on the A.A.S. mercury lamp by using equation 2- 1 . W t=Total weight of mercury collected, Mg. and allow to warm up for 30 minutes prior Vtot»i=Total volume of gas sample (exit gas condi­ tions), cu. ft. to analysis. Adjust the instrument settings V,= Gas velocity at exit, feet per second. according to the instrument manual, using A,“ Cross-sectional area through which emission an absorption wavelength of 253.7 nm. occurs, ft1. where: 4.6.2 Analysis preparation—Adjust the air VmJ=Total volume of gas sampled at exit gas condi­ 7. References. delivery pressure and the needle valve to ob­ tions, ft*. tain an air flow of 1.3 1/min. The analysis Vm = Volume of gas sampled through the dry gas Hatch, W. R. and W. L. Ott, “Determination tube should be bypassed at this time. Purge meter at meter conditions, ft*. T m =Average absolute dry gas meter temperature, °R. of Sub-Microgram Quantities of Mercury the equipment for 2 minutes. Prepare a sam­ T, “ Average absolute exit gas temperature, °R. by Atomic Absorption Spectrophotometry,” ple of a mercury standard solution (3.4.2) ac­ Anal. Chern., 40 : 2086-87, 1968. 6.2 Volume of water vapor. cording to section 4.6.3. Place the analysis Rom, Jerome J., Maintenance, Calibration tube in the line, and continue aerating until and Operation of Isokinetic Source Sam­ a maximum peak height is reached on the V — y. __ L_ R —..-Lg pling Equipment, Environmental Protec­ recorder. Remove the analysis tube, flush the Wa V “MhjO Pb.r eq. 2-2 tion Agency, APTD-0576. lines and rinse the analysis tube with dis­ tilled water. Repeat with another sample of where: Method 3—Determination of B ery lliu m the same standard solution. This purge and V„=Volume of water vapor in gas sample (exit gas F rom Stationary S ources analyses cycle is to be repeated until peak conditions), cu. ft. Vi«“ Total volume of liquid collected in Impingers 1. Principle and applicability. heights are reproducible. and silica gel (see Figure 2-2), ml. 4.6.3 Sample preparation—Just prior to p h »o = Density of water, 1 g./ml. 1.1 Principle. Beryllium laden gases are Mhîo= Molecular weight of water, 18 lb.Ab. mol. withdrawn lsokinetically from the source, analysis, transfer a sample aliquot of tip to R “ Ideal gas constant, 21.83 inches Hg. cu. ft./lb. 50 ml to the cleaned 100 ml analysis tube. mole-°R. and the collected sample is digested in an Adjust the volume to 50 ml with 0.1M I d if T,=Average absolute exit gas temperature, °R. acid solution and analyzed by the atomic Pb»r= Barometric pressure, inches Hg. • required. Add 5 ml of ION NaOH, cap tube absorption procedure. with a clean glass stopper and shake vigor­ 6.3 Total gas volume. ously. Add 5 ml of the reducing agent (re­ 1.2 Applicability. This method is appli­ agent 3.3.2), cap tube with a clean glass stop­ Vtotal = VmB+Vw, cable for the determination of beryllium per and shake vigorously and immediately where: emissions only when specified by the test pro­ place in sample line. cedures for determining compliance with the Viot»i=Total volume of gas sample (exit gas conditions), 4.6.4 Mercury determination—After the cu. ft. Clean Air Act. system has been stabilized, prepare samples I Vm,“ Volume of gas through gas meter (exit gas condi­ 2. Apparatus. from each storage bottle according to section tions), cu. ft. V»,“ Volume of water vapor in gas sample (exit gas 2.1 Sampling train. The design specifica­ 4.6.3. The mercury content is read by com­ conditions), cu. ft. tions of the particulate sampling train used paring the sample peak heights to the peak 6.4 Mercury collected. Calculate thé total by EPA (Figure 3-1) are described in APTD- heights for the calibration solutions. Pre­ weight of mercury collected by using equa­ 0581. Commercial models of this train are pare a blank from storage bottle No. 2 ac­ tion 2-3. available.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23252 PROPOSED RULE MAKING

Figure 3-1. Particulate-sampling train. 2.1.1 Nozzle—Stainless steel (316) with 2.4.4 Volumetric flasks—1 liter. •harp, tapered leading edge. 2.45 Hot plate. 2.1.2 Probe—Pyrex* * glass with a heating 2.4.6 Perchloric acid fume hood. system capable of maintaining a minimum 3. Reagents. gas temperature of 250°P at the exit end . 3.1 Sampling. during sampling to prevent condensation 3.1.1 Filters—Millipore AA*, or equivalent, from occurring. When length limitations numbered for identification and preweighted. (greater than about 8 ft) are encountered at It is suggested that a Whatman 41 filter be temperatures less than 600 °F, Incology 825*,* placed immediately against the back side of or equivalent, may be used. Probes for sam­ the Millipore filter as a guard against break­ pling gas streams at temperatures In excess ing the Millipore filter. In the analysis of the of 600°P are subject to approval by the filter, the Whatman 41 filter should be in­ Administrator. cluded with the Millipore filter. 2.15 Pitot tube—Type S, or equivalent, 3.15 Silica gel—Indicating type, 6 to 16 attached^ to probe to monitor stack gas mesh, dried at 175*C (350°F) for 2 hours. velocity. 3.15 Water—Deionized doubly distilled. 3.1.4 Crushed ice. 2.1.4 Filter holder—Pyrex* glass with 35 Sample reoovery. heating system capable of maintaining a 35.1 Water—Deionized, double distilled. minimum temperature of 225°F. 355 Acetone—Reagents grade. 2.15 Impingers—Four impingers con­ 35 Analysis. nected hi series with glass ball Joint fittings. dined manometer, or equivalent, to measure 3.3.1 Water—Deionized double distilled. The first, third, and fourth impingers are of velocity head to within 10 % of the mirahmamn 355 Hydrochloric acid (H d )—Concen­ the Qreenburg-Smith design, modified by re­ value. trated. placing the tip with a y2 -inch ID glass tube 2.2.3 Temperature gauge—Thermocouple 3.35 Perchloric acid—Concentrated, 70%. extending to % Inch from the bottom of the or equivalent, attached to the pitot tube to 3.3.4 Nitric acid (HNO*) —Concentrated. flask. The second lmpinger Is of the Green - measure stack temperature to within 15% 355 Sulfuric add (HiSO«)—Concen­ burg-Smith design with the standard tip. of the m in im u m absolute stack temperature. trated. 2.1.6 Metering system—Vacuum gauge, 2.2.4 Pressure gauge—Mercury-filled U- 35.6 Standard 15 ppm (by weight) beryl­ leak-free pump, thermometers capable of tube manometer, or equivalent, to measure lium solution. Dissolve 100.0 mg of beryllium measuring temperature to within 5°F, dry stack pressure to within 0.1 in. Hg. In 700 ml of 50% (by weight) H^504 and gas meter with 2 % accuracy, and related 2.25 Barometer—To measure atmospheric dilute to a volume of 1,000 ml with double equipment, or equivalent, as required to pressure to within 0.1 In. Hg. distilled water. Dilute a 10 ml aliquot to maintain ah Isokinetic sampling rate and to 2.25 Thermometers—Wet and dry bulb. 1,000 ml with double distilled water, giving determine sample volume. 25 Sample recovery. a concentration of 1.0 ppm. 2.1.7 Barometer—To measure atmospheric 2.3.1 Probe brush—At least as long as 35.7 Nitrous oxide (N20) —98% minimum pressure to±0.i inch Hg. probe. purity. 2.2 Measurement of stock conditions 255 Glass wash bottles—Two. 25.3 Glass sample storage containers. 3.3.8 Acetylene. (stack pressure, temperature, moisture and 3.3.9 Compressed air. velocity). 2.3.4 Graduated cylinder—250 ml. 2.4 Analysis. 4. Procedure. 2.2.1 Pitot tube—Type S (Figure 3-2), or 2.4.1 Atomic absorption spectrophotom­ equivalent, with a coefficient within ±5% 4.1 Selection of a sampling site and mini­ over the working range. eter (A.A.S.), Perkin Elmer Model 303, or mum n u m b e r of traverse points. equivalent, with N-sO/acetylene burner. 4.1.1 Select a sampling site that is at 2.4.2 Beakers—150 ml, 400 ml. least eight stack or duct diameters down­ 8 Trade name. 2.4.3 Pipette—Volumetric, 10 ml. stream and two diameters upstream from

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23253 any flow disturbance such as a bend, ex­ traverse points is four (4) for stacks 1 foot pansion, contraction, or visible flame. For in diameter or less, eight (8) for stacks above rectangular cross section, determine an 1 foot but 2 feet in diameter or less and equivalent diameter from the following twelve (12) for stacks larger than 2 feet. equation: 4.1.3 Some sampling situations render the equivalent diameter= 2 ( . (width)\ above sampling site criteria Impractical. \ length ~ width ) When this is the case, choose a convenient eq. 3-1 sampling location and use Figure 3-3 to 4.1.2 When tiie above sampling site cri­ determine the minimum number of traverse teria can be met, the minimum number of points.

NUMBER OF DUCT DIAMETERS UPSTREAM* (DISTANCE A)

Figure 3-3. Minimum number of traverse points. 4.1.4 To use Figure 3-3, first measure the traverse points at the centroid of each equal distance from the chosen sampling location area according to Figure 3-5. to the nearest upstream and downstream disturbances. Determine the corresponding number of traverse points for each distance from Figure 3-3. Select the higher of the / two numbers of traverse points, or a greater value, such that for circular stacks the num­ ber is a multiple of four, and for rectangular stacks the number follows the criteria of section 4.2.2. 4.1.5 Under no conditions should a sam­ pling point be selected within one inch of figure 3-4. Cross section of circular stack showing location of the stack wall. - traverse points on perpendicular diameters. * 4.2 Cross-sectional layout and location of traverse points. 4..2.1 For circular stacks locate the trav­ erse points on at least two diameters ac­ cording to Figure 3-4 and Table 3-1. The traverse axes shall divide the stack cross section into equal parts. 4.2.2 For rectangular stacks divide the cross section into as many equal rectangular areas as traverse points, such that the ratio of the length to the width of the elemental Figure 3-5. Cross section of.rectangular stack dlvtded Into 12 equal areas is between one and two. Locate the areas, with traverse points at cqntrold of each area.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23254 PROPOSED RULE MAKING

Table 3-1» Location of traverse points in circular stacks (Percent of stack diameter from Inside-wall to traverse point) Traverse point number Number of traverse points on a diameter diameter 2 4 6 8 10 12 14 16 18 20 22 24 1 14.6 6.7 4.4 3.3 2.5 2.1 1.8 1.6 1.4 1.3 1.1 1.1 2 85.4 25.0 14.7 10.5 8.2 6.7 5.7 4.9 4.4 3.9 3.5 3.2 3 75.0 29.5 19.4 14.6 11.8 9.9 8.5 7.5 6.7 6.0 5.5 4 93.3 70.5 32.3 22.6 17.7 14.6 12.5 10.9 9.7 8.7 7.9 5 85.3 67.7 34.2 25.0 20.1 16.9 14.6 12.9 11.6 10.5 6 95.6 80.6 65.8 35.5 26.9 22.0 18.8 16.5 14.6 13.2 7 89.5 77.4 64.5 36.6 28.3 23.6 20.4 18.0 16.1 8 96.7 85.4 65.0 63.4 37.5 29,6 25.0 21.8 19.4 9 91.8 82.3 73.1 62.5 38.2 30.6 26.1 23.0 10 97.5 88.2 79.9 71.7 61.8 38.8 31.5 27.2 11 93.3 85.4 78.0 70.4 61.2 39.3 32.3 12 97.9 90.1 83.. 1 76.4 69.4 60.7 39.8 13 94.3 87,5 81.2 75.0 68.5 60.2 14 98.2 91.5 85.4 79.6 73.9 67.7 15 95.1 89.1 83.5 78.2 72.8 16 98.4 92.5 87.1 82.0 77.0 17 95.6 90.3 85.4 80.6 18 98.6 93.3 88.4 83.9 19 96.1 91.3 86.8 20 98.7 94.0 89:5 21 96.5 92.1 22 98.9 94.5 23 96.8 24 98.9 4.3 Measurement of stack conditions. tip and pulling a 15 in. Hg. vacuum. A leak­ 4.3.1 Set up the apparatus as shown in age rate not in excess of 0.02 cfm at a vacuum Figure 3-2. Make sure all connections are of 15 in. Hg. is acceptable. Adjust the heater tight and leak free. Measure the velocity to provide a gas temperature of about 250°F head and temperature at the traverse points at the probe outlet. Turn on the filter heat­ specified by sections 4.1 and 4.2. ing system. Place crushed ice around the 4.3.2 Measure the static pressure in the impingers. Add more ice during the run to stack. keep the temperature of the gases leaving 4.3.3 Determine the stack gas moisture the last impinger as low as possible and pref­ using wet and dry bulb thermometers and erably at 70°F, or less. available psychrometric charts. 4.5 Particulate train operation. 4.3.4 Determine the stack gas molecular 4.5.1 For each run, record the data re­ weight from the measured moisture content quired on the example sheet shown in Figure and knowledge of the expected gas stream 3-6. Take readings at each sampling point at composition. least every 5 minutes and when significant 4.4 Preparation of collection train. changes in stack conditions necessitate ad­ 4.4.1 Weigh to the nearest gram approx­ ditional adjustments in flow rate. To begin imately 200 g. of silica gel. Label a filter of sampling, position the nozzle at the first proper diameter, desiccate* ‘ for at least 24 traverse point with the tip pointing directly hours and weigh to the nearest 0.5 mg in into the gas stream. Immediately start the a room where the relative humidity is less pump and adjust the flow to isokinetic con­ than 50%. Place 100 ml of distilled water in ditions. Sample for at least 5 minutes at each of the first two impingers, leave the each traverse point; sampling time must third impinger empty, and place approxi­ be the same for each point. Maintain iso­ mately 200 g. of preweighed silica gel in the kinetic sampling throughout the sampling fourth impinger. Save a portion of the dis­ period. Nomographs are available which aid tilled water for use as a blank in the sample in the rapid adjustment of the sampling rate analysis. Set up the train without the probe without other computations. APTD-0576 de­ as in Figure 3-1. tails the procedure for using these nomo­ 4.4.2 Leak check the sampling train at graphs. Turn off the pump at the conclusion the sampling site by plugging up the probe of each run and record the final readings. Remove the probe and nozzle from the stack and handle in accordance with the sample ‘ Dry using Drierite* at 70°F±10<’F. recovery process described in section 4.6.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23255

Tm=Average absolute dry gas meter temperature, KAMT AMBIENT TEMPERATURE. °fi. location BAROMETRIC PRESSURE. Pb»r=Barometric pressure at the orifice meter, inches cm»»« ASSUMED MOISTURE, K . Hg. PAW HEATER BOR SETTING___ AH= Average pressure drop across the orifice meter, HUN NO- PROBE LENGTH, m.______inches HjO. SAMPLE K » WO. NOZZLE DIAMETER. I n .. 13.6=Specific gravity of mercury. ME TEA BOX WO. , PROBE HEATER SETTING. P.=Average absolute pressure of stack gas, inches Hg. ÜBTEÍa H , - C FACTO* , . . SCHEMATIC O f BTACX CAOBS SECTION 6.3 Volume of water vapor.

PRESSURE DIFFERENTIAL P H aQ ACROSS GAS SAMPLE TEMPERATURE RT. ORIFICE A T DRV GAS METER Vw =Vn SAMPLING STATIC s t u n t VELOCITY METER GAS SAMPLE IMPINGER M h j O P. T R A V 0 « POINT TIME PRESSURE TEMPERATURE HEAD UH). VOLUME INLET OUTLET TEMPERATURE. TEMPERATURE. NUMBER (a), mia. If f ) . 1«. Hfi. UP rI. toaHjO (Vm), ft3 IT m |( lK * F < T«out»'** •F • f where: V W(=Volume of water vapor in the gas sample (stack conditions), cu. ft. Vi0=Total volume of liquid collected In impingers and silica gel (see Figure 3-7), ml. />h 3o = Density of water, 1 g./ml. MH2o=Molecular weight of water, 18 lb./Ib.-mole. R=Ideal gas constant, 21.83 inches Hg-cu. ft./lb.- mole-°R. T,=Absolute stack gas temperature, °R. P,=Absolute stack gas pressure, Inches Hg.

VOLUME OF LIOUID TOTAL Avg. Avg. WATER COLLECTED AVERAGE Avg. IMPINGE It SILICA GEL Figure 3-6. Particulate Held data. VOLUME. WEIGHT ml II 4.6 Sample recovery. 4.7.2 Replace on a hot plate and evaporate 4.6.1 Exercise care in moving the collec­ to dryness in a perchloric acid hood. Cool and FINAL tion train from the test site to the sample dissolve the residue in 10 ml. of 25%, by INITIAL recovery area to minimize the loss of col­ volume, HC1. Samples Eire now ready for the lected sample or the gain of extraneous par­ atomic Eidsorption unit. The beryllium con­ LIOUID COLLECTED ticulate matter. Set aside portions of the centration of the sample must be within the TOTAL VOLUME COLLECTED 8* ml water and acetone used in the sample re­ CEilibration range of the A.A.S. If necessary, covery as blanks for analysis. Place the sam­ further dilution of sample with 25%, by vol­ CONVERT WEIGHT Of WATER TO VOLUME BY DIVIDING TOTAL WEIGHT ples in containers as follows: ume, HC1 must be performed to bring the INCREASE BY DENSITY OF WATER. (T 0 mil Container No. 1. Remove the filter and any sample within the calibration range. INCREASE, ff . . . i . . . » ...... loose particulate matter from the filter holder 4.7.3 Standardize the A.A.S. per section 5 —t! 8 mil VOLUME WATER, ml and place in this container and seal. of this method and analyze the siimples at Container No. 2. Measure the volume of 234.8 run using a nitrous oxide/acetylene Figure 3-7. Anntytical cinta. water from the first three impingers (to ± 1 flame. ml) and place the water in this container. 5. Calibration and standards. 6.4 Total gas volume. Place water and acetone rinsings of all sam­ 5.1 Sampling trEiin. ple-exposed surfaces between the filter and 5.1.1 Use standard methods and equip­ the fourth impinger in this container. Place ment as detailed in APTD-0576 to calibrate Vtotal—Vxn.+Vw. eq. 3—4 acetone washings from all sample-exposed the rate meter, pitot tube, dry gas meter and surfaces prior to the filter in this container probe heater. Recalibrate after each test where: sd so. series. Vtot«i=Total volume of gas sample (stack conditions), Container No. 3. Transfer the silica gel 5.2 Analysis. cu. ft. from the fourth impinger to the original con­ Vma=Volume of gas through dry gas meter (stack tainer and seal. Use a rubber policeman as 5.2.1 Standardization is made with proce­ conditions), cu. ft. an aid in removing silica gel from the dure as suggested by the A.A.S. manufacturer Vw,=Volume of water vapor In gas sample (stack with standard beryllium solution. The linear­ conditions), cu. ft. impinger. ity of working range should be established 4.7 Analysis (All glassware used In the with a series of standEird solutions. If col­ analyses must be acid cleaned by soaking in lected samples are out of the linear range, 6.5 Stack gas velocity. 50%, by volume, HNOs for 2 hours). the samples should be diluted. Use equation 3-5 to calculate the stEick 4.7.1 Handle each sample container as gas velocity. follows: 6. Calculations. Container No. 1. Transfer the filter and any 6.1 Average dry gas ineter temperature, loose pcirticulate matter from the sample con­ stack temperature, stack pressure and aver­ tainer to a 150 ml beaker. Add 35 ml concen­ age orifice pressure drop. See data sheet (Fig­ trated nitric acid. Heat on a hotplate for ure 3-6). V-= K’° V S . eq. 3-5 5 to 10 min. to destroy any organic matter. 6.2 Dry gas volume. Correct the sample Cool to room temperature and add 5 ml con­ volume measured by the dry gas meter to centrated sulfuric acid and 5 ml concentrated where: perchloric acid. Then proceed with step 4.7.2. stack conditions by using equation 3-2. V,=Stack gas velocity, feet per second (f.p.s.). Container No. 2. Place a portion of the Kp=86.48 — ~ (n ^ -----rroTs')^ when these units are sec. \lb. mole- R / water and acetone sample into a 150 ml AH used. P b»r + beaker and put on a hotplate. Add portions 13.6 C0=Pitot tube coefficient, dimensionless. of the remainder as evaporation proceeds and P. T a=Average absolute stack gas temperature, *R. evaporate to dryness. Cool the residue and Ap=Average velocity bead of stack gas, inches HiO add 35 ml concentrated nitric acid, 5 ml con­ eq. 3-2 (see Figure 3-8). centrated sulfuric acid, and 5 ml concen­ where: P.=Average absolute stack gas pressure, inches Hg. trated perchloric acid. Then proceed with Vm,=Volume of gas sample through the dry gas meter M,=Molecular weight of stack gas (wet basis), tba step 4.7.2. (stack conditions), cu. ft. summation of the products of the molecular Container No. 3. Weigh the spent silica gel Vm=Volume of gas sample through the dry gas meter weight of each component multiplied by its (meter conditions), cu. ft. volumetric proportion in the mixture, lb./Ib.- and report to the nearest gram. T,=Average absolute temperature of stack gas, *R j mole. ,

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7 , 1971 No. 231 9 23256 PROPOSED RULE MAKING

WAMT 6.8 Isokinetic variation (comparison of Standard Method for Sampling Stacks for DATE velocity of gas in sample train to stack Particulate Matter, In : 1971 Book of ASTM RUN NO. T velocity). standards, Part 23, Philadelphia. 1971, STACK DIAMETER, !»■ -t, ASTM Designation D-2928-71. BAROMETRIC PRESSURE, I«. Ha. 100 Vennard, J. K. Elementary Fluid Mechanics. STATIC PRESSURE W STACK t^ l . to. Ha. , t ____ Anfl John Wiley and Sons, Inc., New York, 1947. OPERATORS______„ SCHEMATIC OF STAC* V. ' . eq. 3-8 CROSS SECTION where: [FR Doc.71-17678 Filed 12-6-71)8:45 am] 1=Percent of isokinetic sampling. Vt<,ui=TotaI volume of gas sample (stack conditions), cu. ft. An=Sample probe tip area, ft*. Traverse poiRl Velocity head» Suck Temperature In. H^O • v £ 7 8= Sampling time, sec. number V,=Stack gas velocity, feet per second. FEDERAL RESERVE SYSTEM [12 CFR Part 222 ] 6.8.1 Acceptable results. The following range sets the limit on acceptable isokinetic BANK HOLDING COMPANIES sampling results: If 90% < I < 100%, the results are accept­ Delay of Hearing Regarding Armored able; otherwise, reject the results and repeat Car and Courier Services the test. 7. References. On November 10, 1971, the Board of Addendum to Specifications for Incinerator Governors announced that it would con­ Testing at Federal Facilities, PHS, NCAPO, duct a hearing December 10,1971, on the December 6,1967. issues involved in bank holding com­ Amos, M. D„ and Willis, J. B., “Use of High- Temperature Pre-Mixed Flames in Atomic panies engaging in armored car and Absorption Spectroscopy,” Spectrochim. courier services (36 F.R. 21897, Nov. 17, Acta, 22: 1325,1966. 1971). Determining Dust Concentration in a Gas In response to a “Motion for Extension Stream, ASME Performance Test Code of Time and Institution of Formal Rule- #27, New York, N.Y., 1957. making Proceedings” filed by counsel for Devorkin, Howard, et al., Air Pollution Source the National Courier Association and the Testing Manual, Air Pollution Control Dis­ National Armored Car Association, the trict, Los Angeles, Calif., November 1963. Board has postponed the hearing date to AVERAGE: Fleet, B., Liberty, K. V., and West, T. S., “A January 19, 1972. All views expressed in Study of Some Matrix Effects in the De­ written comments on the proposal that Figure 3*8, Velocity traverse data. termination of Beryllium by Atomic Ab­ sorption Spectroscopy in the Nitrous are received by February 11, 1972, will Figure 3-8 shows a sample recording sheet for Oxide-Acetylene Flame,” Talanta, 17: 203, be given consideration. velocity traverse data. Use the averages in the 1970. The Board has denied the request by last two columns of Figure 3-8 to deter­ Mark, L. S., Mechanical Engineers’ Hand­ the Associations that the hearing be con­ mine the average stack gas velocity from book, McGraw-Hill Book Co., Inc., New ducted under sections 556 and 557 of equation 3-5. York, N.Y., 1951. title 5, United States Code. The Board 6.6 Beryllium collected. Calculate the to­ Martin, Robert M., Construction Details of explored the question of the nature of tal weight of beryllium collected by using Isokinetic Source Sampling Equipment, hearings under section 4(c) (8) of the equation 3-6. Environmental Protection Agency, APTD- Bank Holding Company Act in January 0581. 1971 before its original proposal to im­ w t=Vj—1+ v2— —VwCw - vac . Methods for Determination of Velocity, Vi V2 Volume, Dust and Mist Content of Gases, plement that section. It concluded that eq. 3-6 Western Precipitation Division of Joy the law does not require a formal hearing where: Manufacturing Co., Los Angeles, Calif. in connection with the issuance of regu­ W t=Total weight of beryllium collected, pg. Bulletin WP-50,1968. lations under that section. The Board V i=T otal volume of HC1 in sample bottle No. 1, ml. reaffirms that conclusion. Wi—Weight beryllium found in sample aliquot from Perkin Elmer Standard- Conditions (Rev. sample bottle No. 1, pg. March 1971). By order of the Board of Governors, vi=Size of aliquot from sam ple bottle No. 1, ml. Perry, J. H., Chemical Engineers’ Handbook, V j=T otal volume of HC1 in sample bottle No. 2, ml. November 30, 1971. Wj=Weight beryllium found in sample aliquot from McGraw-Hill Book Co., Inc., New York, sample bottle No. 2, pg. N.Y., 1960. [seal] T ynan Smith, v j= Size of aliquot from sample bottle No. 2, m l. Rom, Jerome J., Maintenance, Calibration, Secretary of the Board. V ,=T otal volume of water used in sampling (impinger and Operation of Isokinetic Source Sam­ contents plus all wash amounts), ml. [FR Doc.71-17804 Filed 12-6-71;8:47 am] C»=Concentration of beryllium in water, pg./ml. pling Equipment, Environmental Protec­ V,=Total volume of acetone used in sampling (all tion Agency, APTD-0576. wash amounts), ml. C.=Concentration of beryllium in acetone, pg./mh Shigehara, R. T., W. F. Todd, and W. S. Smith, Significance of Errors in Stack 6.7 Total beryllium emission. Calculate Sampling Measurements, Paper presented SECURITIES AND EXCHANGE the total amount of beryllium emitted per at the Annual Meeting of the Air Pollu­ day by equation 3-7. tion Control Association, St. Louis, Mo., June 14-19,1970. COMMISSION Smith, W. S., et al., Stack Gas Sampling Im­ M 7 CFR Part 239 3 R = 0.00006 V.A.T eq. 3-7 proved and Simplified with New Equip­ [Release No. 33-5212] V total ment, APCA paper No. 67-119, 1967. where: Smith, W. S., R. T. Shigehara, and W. F. Todd, REGISTRATION OF CERTAIN R=Rate of emission, gms./day. A Method of Interpreting Stack Sampling Wt—Total weight of beryllium collected, ng. SECURITIES Vtoi.i=Total volume of gas samlpe (stack conditions), Data, Paper presented at the 63d Annual cu. ft. Meeting of the Air Pollution Control As­ Use of Optional Form 5-16 V .=Stack velocity, feet per second. sociation, St. Louis, Mo., June 14-19, 1970. A ,= Stack area, ft.* Specifications for Incinerator Testing at Fed­ Notice is hereby given that the Securi­ T-T otal time of stack operation, minutes/day; eral Facilities, PHS, NCAPC, 1967. ties and Exchange Commission has

fEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 PROPOSED RULE MAKING 23257 under consideration Certain amendments tional securities exchange whether the paid for soliciting the exercise of such to Form S-16 (17 CFR 239.27) under securities are to be offered on the ex­ warrants. It is proposed to amend the the Securities Act of 1933. This is a change or in the so-called “third mar­ general instruction as to use of the form special form which may be used for the ket”. The form would also be amended to provide that it applies only to trans­ registration of securities under the Act to permit its use to register securities ferable warrants. Hence, the form could by issuers which meet the requirements which are registered with the Commis­ not be used for securities which are to for the use of another special form, Form sion pursuant to section 12(g) of the be offered upon the exercise of nontrans- S-7 (17 CFR 239.26). That form is avail­ Securities Exchange Act of 1934, pro­ ferable options or other rights. able for use by companies which file re­ vided such securities are quoted on the Items 2 and 3 of the form would be ports with the Commission pursuant to automated quotation system of a na­ amended to require certain additional the Securities Exchange Act of 1934 and tional securities association. This would information as to the offering of the which meet certain tests, including a rec­ make the form available for securities securities, the transaction in which they ord of earnings and continuity of of such issuers quoted on NASDAQ, the were acquired if they were acquired management. quotation system of the National Associ­ within 2 years and the amount of other The chief purpose of tlie amendments ation of Securities Dealers, Inc. securities of the issuer owned by the to Form S-16 is to liberalize somewhat A further amendment would make the seller. Since this information may not form available for registration of securi­ be readily available to the public, the the provisions of the form with respect Commission feels that it should be dis­ to the conditions under which it may be ties of closed end management invest­ ment companies which are registered closed in the prospectus. used, so that it may be used by a larger An instruction would be added to Item group of companies. It is also proposed to under the Investment Company Act of 1940, have complied with the reporting 6 of the form calling attention to the amend certain items of the form to re­ necessity of filing consents of account­ quire certain additional disclosure in the requirements of that Act for at least 3 years, and comply with certain provi­ ants where certified statements are con­ prospectus. A brief description of the tained in reports or other documents proposed changes is set forth below. sions of Form S-7; provided securities of the same class as those to be registered incorporated by reference. The form may be used for the registra­ are registered on a national securities The text of the proposed amendmehts tion of securities which are to be offered exchange or are quoted on the automated are set forth in the Release 33-5212, for the account of persons, other than quotation system of a national securities copies of which have been filed as part the issuer, in the regular way on a na­ association. of this document with the Office of Fed­ tional securities exchange. It is the in­ The form may also be used for regis­ eral Register. Additional copies of this tent of the phrase “in the regular way” tration of securities to be offered upon release are available at the Securities that the form is to be used only for the conversion of convertible securities and Exchange Commission, Washington, unsolicited transactions. However, the of an affiliate of the issuer (i.e., a person D.C. 20549. use of the phrase “in the regular way” in a control relationship with the All interested persons are invited to has proved to be ambiguous since it has issuer), provided no commission or submit their views and comments on been given a different meaning in the other remuneration is paid for the solici­ the proposed amendments, in writing, to rules of certain exchanges. It is therefore tation of the conversion of such securi­ Charles J. Sheppe, Chief, Branch of proposed to omit the phrase from the ties. It is proposed to amend the rule as Regulations and Legislative Matters, rule as to the use of the form and to sub­ to use of the form to provide that the Division of Corporation Finance, Securi­ stitute therefor a requirement that the convertible securities must be outstand­ ties and Exchange Commission, Wash­ securities must be offered in unsolicited ing, since this is the intent of the present ington, D.C. 20549, on or before Janu­ transactions. Until the form is amended provision. ary 3, 1972. All such communications the staff will continue to construe the will be available for public inspection. phrase to refer to unsolicited transac­ The form may also be used for regis­ tions. tration of a third category of securities; By the Commission. It is proposed to amend the rule as namely, securities to be offered to the [seal] R onald F. H unt, to the use of the form to provide that holders of outstanding warrants upon Secretary. it may be used to register securities the exercise of such warrants, provided November 29,1971. which are listed and registered on a na- no commission or other remuneration is [FR Doc.71-17802 Filed 12-6-71;8:47 am]

FEDERAL REGISTER, V O L 36, M a 234— TUESDAY, DECEMBER 7, 1971 23258 Notices notice in .the F ederal R egister of March RHODE ISLAND DEPARTMENT OF THE INTERIOR 2 (pp. 3930-31) , April 6 (pp. 6526-28), Kent County May 4 (pp. 8333-36), June 3 (pp. 10811- Anthony, Greene, General Nathanael, Home­ Bureau of Indian Affairs 13), July 8 (pp. 12868-70), August 3 (pp. stead, 40 Taft Street. 14275-76), September 8 (pp. 18016-19), [Sacramento Area Office Redelegation E rnest Allen Connally, Order 1, Arndt. 2] October 5 (pp. 19409-10), and November 2 (pp. 20995-96). Further notice is hereby Director, Office of Archeology AREA FIELD REPRESENTATIVE, given that certain amendments or revi­ and Historic Preservation. RIVERSIDE AREA FIELD OFFICE sions, in the nature of additions, dele­ [FR Doc.71-17938 Filed 12-6-71:8:51 am] tions, or corrections to the previously Delegation of Authority Relating to published list are adopted as set out Lands and Minerals below. DEPARTMENT OF COMMERCE November 23, 1971. It is the responsibility of all Federal agencies to take cognizance of the prop­ Bureau of the Census This notice is published in exercise of erties included in the National Register authority delegated by the Secretary of as herein amended and revised in ac­ ANNUAL SURVEYS IN the Interior to the Commissioner of In­ cordance with section 106 of the National MANUFACTURING AREA dian Affairs by 230 DM 2 (32 F.R. 13938). Historic Preservation Act of 1966, 80 Notice of Determination This delegation is issued under the au­ Stat.-915,16 U.S.C. 470. thority delegated to the Commissioner The following properties have been de­ In conformity with title 13, United of Indian Affairs from the Secretary of molished and are hereby removed from States Code, sections 181, 224, and 225 the Interior in section 25 of Secretarial the Register: and due notice having been published on Order 2508 (10 BIAM 2.1) and redele­ October 15, 1971 (36 F.R. 29119), I have gated by the Commissioner to the Area IL L IN O IS determined that annual data to be de­ Directors in 10 BIAM 3. Cook County rived from the surveys listed below are The Sacramento Area Office Redelega­ Chicago, Chicago Stock Exchange, 30 North needed to aid the efficient performance tion Order 1 was published on page 14036 La Salle Street. of essential governmental functions and of the September 4, 1969, F ederal R eg­ OHIO have significant application to the needs ister (34 F.R. 14036) and subsequently of the public and industry. The data de­ amended on page 4142 of the March 5, Franklin County rived from these surveys, most of which 1970, F ederal R egister (35 F.R. 4142) . Columbus, University Hall, The Oval. have been conducted for many years, are Sacramento Area Office Redelegation not publicly available from nongovern­ Order 1 is being further amended to add The property listed below has been re­ mental or other Government sources. a new subsection (d) to section 2.5, Sur­ moved from the National Register be­ Report forms in most instances fur­ face leases and permits. This new sub­ cause it has lost its National Historic nishing data on shipments and/or pro­ section redelegates to the Riverside Area Landmark designation: duction and in some instances on stocks, Field Representative the Area Director’s CALIFORNIA u n f i l l e d orders, orders booked, consump­ authority relating to leases of tribal and Sonoma County tion, etc., will be required of all or a allotted lands for homesite purposes. sample of establishments engaged in the As amended, section 2.5 reads as Fort Ross vicinity, Fort Ross Chapel. production of the items covered by the follows: The following properties have been following list of surveys. The surveys Sec. 2.5 Surface leases and permits. added to the National Register since No­ have been arranged under major group ***** vember 2 (an asterisk denotes a National headings shown in the revised Standard (d) To the Area Field Representative, Historic Landmark): Industrial Classification/Manual (1967 Riverside Area Field Office. The author­ edition) promulgated by the Office of ity of the Area Director relating to leases COLORADO Management and Budget for the use of of tribal and allotted lands for homesite Clear Creek County Federal statistical agencies. purposes to members of the tribes under Silver Plume vicinity, Lebanon and Everett Major G roup 22—T extile Mil l P roducts the jurisdiction of the Riverside Area Mine Tunnels, northeast of Silver Plume, Cotton and synthetic woven goods finished. Field Office or to housing authorities. adjacent to Interstate 70 right-of-way. Narrow fabrics. Effective date. The effective date of CONNECTICUT Knit cloth. Yarn production. this delegation will be the date of signa­ New Haven County ture by the Area Director. Rugs, carpets, and carpeting. New Haven, *New Haven Green Historic Dis­ Major G roup 23—Apparel and Other F in ­ W illiam E. F inale, trict, bounded by Chapel, College, Elm, and ish e d P roducts M ade F rom F abrics and Area Director. Church Street. Sim ilar Materials Approved: November 29, 1971. MASSACHUSETTS Gloves and mittens. Middlesex County Apparel. J ohn O. Crow, Brassieres, corsets, and allied garments. Deputy Commissioner Arlington, Old Schwamb Mill, 17 Mill Lane Sheets, pillowcases, and towels. and 29 Lowell Street. of Indian Affairs. Major G roup 24—L umber and W ood [PR Doc.71-17806 Filed 12-6-71;8:47 am] Suffolk County P roducts, E xcept F urniture Boston, African Meetinghouse, 8 S m i t h Hardwood plywood. Street. Softwood plywood. National Park Service N E W YO RK Lumber. NATIONAL REGISTER OF HISTORIC Otsego County Major G roup 26—P aper and Allied P roducts PLACES Springfield, Hyde Hall, Glimmerglass State Pulp, and detailed grades of paper and board. Park, east of County Route 31. Additions, Deletions, or Corrections M ajor G roup 28—C hem icals and Allied OHIO P roducts By notice in the F ederal R egister of Sulfuric acid. February 20, 1971, Part n , there was Columbiana County Industrial gases. published a list of the properties included East Liverpool, East Liverpool Pottery, Inorganic chemicals. in the National Register of Historic southwest corner of Second and Market Pharmaceutical preparations, except blo- Places. This list has been amended by a Streets. logicals. FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 NOTICES 23259

Major Group 30—R ubber and Major Group 20—F ood and K indred tion to information on value of products Miscellaneous P lastics P roducts P roducts shipped and quantity data for selected Plastics products. Flour milling products. classes of products and quantity and cost Confectionery products. of selected fuels used. This survey, while Major Group 31—Leather a n d Major Group 22—Textile Mill P roducts conducted on a sample basis, will cover Leather P roducts all manufacturing industries. Data on Shoes and slippers (by method of construc­ Man-made fiber, silk, woolen, and worsted employment, payrolls, and inventories tion) . fabrics. Finishing plant report—broadwoven fabrics. for auxiliary establishments of manu­ Major Group 32—Stone, Clay, Piece goods inventories and orders. facturing companies such as central ad­ and Glass Broadwoven goods (cotton, wool, silk, and ministrative offices, manufacturers’ sales Consumer, scientific, technical, and indus­ synthetic). branches, warehouses, etc. will be in­ trial glassware. Consumption of wool and other fibers, and cluded, as well as data on plants under Fibrous glass. production of tops and noils. construction but not in operation. Major Group 33—Primary Metal Major Group 25—F urniture and F ixtures A survey of research and development I ndustries costs will be conducted also. The data to Mattresses and bedsprings. be obtained will be limited to total re­ Commercial steel forgings. Steel mill products. Major Group 26—P aper and Allied search and development costs of work Insulated -wire and cable. P roducts performed by the company, total cost of Magnesium mill products. Consumers of wood pulp. research and development work per­ Converted flexible packaging products. formed for the Federal Government, and, Major Group 34—F abricated Metal P rod­ for comparative purposes, total net sales ucts Except Ordnance, Machinery, and Major Group 28—Chemicals and Allied T ransportation Equipment and receipts, and total employment of P roducts the company. Steel power boilers. Superphosphates. In addition, a survey on shipments to, Heating and cooking equipment. Paint, varnish, and lacquer. or receipts for work done for, Federal Major Group 35—Machinery, Except Major Group 29—Petroleum Refining and Government agencies and their contrac­ Electrical R elated Industries tors and suppliers is planned. This sur­ Internal combustion engines. Asphalt and tar roofing and siding products. vey has been conducted annually since Tractors. 1966. It is designed to provide informa­ Farm machines and equipment. Major Group 30—Rubber and Miscellaneous tion on the impact of Federal procure­ Mining machinery and equipment. P lastics P roducts ment on selected industries and on the Air-conditioning and refrigeration equip­ Plastics bottles. economy of States, standard metropoli­ ment. Rubber. tan statistical areas, and geographic Office, computing, and accounting machines. Thermoplastics pipe, tube, and fittings. Pumps and compressors. regions. Selected air pollution control equipment. Major Group 31—Leather and Leather The report forms will be furnished to P roducts firms included in these surveys and addi­ Major Group 36—Electrical Machinery, Equipm ent, and Supplies Shoes and slippers. tional copies are available on request to the Director, Bureau of the Census, Radios, televisions and phonographs. Major Group 32—Stone, Clay, and Glass Washington, D.C. 20233. Motors and generators. Wiring devices and supplies. Flat glass. I have, therefore, directed that annual Switchgear, switchboard apparatus, relays, Glass containers. surveys be conducted for the purpose of Refractories. collecting the data hereinabove described. and Industrial controls. Clay construction products. Selected electronic and associated products. Dated: December 1,1971. Electric housewares and fans. Major Group 33—P rimary Metal Electric lighting fixtures. I ndustries G eorge H. Brown, Maj or -household appliances. Nonferrous castings. Director, Bureau of the Census. Major Group 37—T ransportation Iron and steel foundries. [FR Doc.71-17829 Filed 12-6-71;8:49 am] Equipm ent Major Group 34—Fabricated Metal P rod­ Aircraft propellers. ucts, Except Ordnance, Machinery, a n d T ransportation Equipment Office of Import Programs Major Group 38—Professional, Scientific, and Controlling I nstruments : Photo­ Plumbing fixtures. UNIVERSITY OF TEXAS ET AL. graphic and Optical Goods: Watches and Steel shipping barrels, drums, and pails. Clocks Closures for containers. Notice of Applications for Duty-Free Metal cans. Selected instruments and.related products. Entry of Scientific Articles Atomic energy products and services. Major Group 35—Machinery, Except Electrical The following are notices of the re­ ceipt of applications for duty-free entry The following list of surveys repre­ Construction machinery. sents’ annual counterparts of monthly Metalworking machinery. of scientific articles pursuant to section and quarterly surveys and will cover Typewriters. 6(c) of the Educational, Scientific, and only those establishments which are not Cultural Materials Importation Act of canvassed or do not report in the more Major Group 36—Electrical Machinery, 1966 (Public Law 89-651; 80 Stat. 897). frequent survey. Accordingly, there will E quipment, and Supplies Interested persons may present their be no duplication in reporting. The con­ Electric lamps. Fluorescent lamp ballasts. views with respect to the question of tent of these annual reports will be iden­ whether an instrument or apparatus of tical with that of the monthly and Major Group 37—T ransportation equivalent scientific value for the pur­ quarterly reports except for construc­ E quipment tion machinery which will additionally Aircraft engines. poses for which the article is intended call for data on shipments of power Complete aircraft. to be used is being manufactured in the cranes and shovels, concrete mixers, and Backlog of orders for aircraft, space vehicles, United States. Such comments must be attachments for contractors’ off-high­ missiles, engines, and selected parts. filed in triplicate with the Director, Spe­ Truck trailers. way type tractors. Also, reports on man­ cial Import Programs Division, Office of made fiber, silk, woolen, and worsted The Annual Survey of Manufactures fabrics, on finishing plants, and on piece Import Programs, Washington, D.C. will be conducted and will call for gen­ 20230, within 20 calendar days after the goods inventories listed below will call eral statistical data such as employment, for information relating to the monthly payroll, man-hours, capital expenditures, date on which this notice of application fluctuations of stocks and unfilled orders cost of materials consumed, gross book is pubished in the F ederal R egister. for woven fabrics in addition to the value of fixed assets, rental payments, Amended regulations issued under annual production data. . supplemental labor costs, etc., in addi­ cited Act. as published in the October 14,

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23260 NOTICES

1969 issue of the F ederal R egister, pre­ Docket No. 72-00152-33-46590. Appli­ tension; and (c) lymphoid cells at dif­ scribe the requirements applicable to cant: University of Hawaii, Department ferent stages of differentiation of their comments. of Anatomy, 1960 East-West Road, Hono­ immunologic functions. The article will A copy of each application is on file, lulu, HI 96822. Article: Ultramicrotome, also be used for teaching courses in Gen­ and may be examined during ordinary Model LKB 8800A. Manufacturer: LKB eral Pathology, Systemic Pathology; Commerce Department business hours at Produkter A.B., Sweden. Intended use of Surgical Pathology and Methods and the Special Import Programs Division, article: The article is intended to be Techniques of Electron Microscopy. Ap­ Department of Commerce, Washington, used in a research study of the uterus and plication received by Commissioner of D.C. its decidual reaction at the time of preg­ Customs: September 24, 1971. Docket No. 72-00146-00-46040. Appli­ nancy. Differences between pregnant and Docket No. 72-00157-50-02000. Appli­ cant: The University of Texas at Austin, pseudopregnant uteri will be observed cant: University of Colorado, Regent Purchasing Office, Box 7306, University to determine: (1) Enzymatic differences Hall, Room 122, Boulder, Colo. 80302. Ar­ Station, Austin, TX 78712. Article: High employing ultracytochemistry, (2) rela­ ticle: Anemometer, Mark II. Manufac­ voltage cables for electron microscope. tionships of hormonal control to enzyme turer: Rauchfuss Instrument & Staff Pty. Manufacturer: Siemens A.G., West Ger­ systems using ultracytochemistry and Ltd., Australia. Intended use of article: many. Intended use of article: The article autoradiography, (3) changes in cell The article will be used for weather is an accessory for an existing electron morphology using routine electron mi­ measuring in connection with studies in­ microscope. Application received by Com­ croscopy morphological techniques. Ap­ volving snow avalanches. Application re­ missioner of Customs: September 21, plication received by Commissioner of ceived by Commissioner of Customs: 1971. Customs: September 24, 1971. September 24,1971. Docket No. 72-00147-75-77000. Appli­ Docket No. 72-00159-01-07520. Appli­ cant: Princeton University, Princeton, Docket No. 72-00154-33-46070. Appli­ cant: Mount Sinai School of Medicine of N.J. 08540. Article: High dispersion mag­ cant: Columbia University, College of the City University of New York, 100th netic spectrometer. Manufacturer: Scan- Physicians and Surgeons, 630 West 168th Street and Fifth Avenue, New York, N.Y. ditronix Instrument A.B., Sweden. In­ Street, New York, NY 10032. Article: 10029. Article: Microcalorimeter. Manu­ tended use of article: The article is in­ Scanning electron microscope, JSM-U3. facturer: LKB Produkter A3., Sweden. tended to be used as an analyzer and de­ Manufacturer: Japan Electron Optics Intended use of article: The article will tector of nuclear fragments produced Laboratory Co.; Ltd., Japan. Intended use be used for the measurement of heat of from targets bombarded with ion beams of article: The article is intended to be reaction in the binding study of mor­ accelerated by the Princeton Isochronous used in conjunction with transmission phine to the brain membrane which is Cyclotron. Application received by Com­ electron microscopy and serum hormone extremely important for the understand­ missioner of Customs: September 24, determinations to study the cyclic ing of morphine addiction and possible 1971. changes which occur in the female geni­ treatment. The article will also be used Docket No. 72-00148-33-90000. Appli­ tal tract including the ovary, oviduct, in teaching advance courses in physical cant: Boston University School of Medi­ endometrium and cervix, and to relate and chemical techniques and in biophys­ cine, 80 East Concord Street, Boston, MA these findings to the physiology of re­ ical sciences. Application received by 02118. Article: Rotating anode X-ray production. Application received by Commissioner of Customs: September generator and attachment. Manufac­ Commissioner of Customs: September 27, 1971. turer: Elliot Automation Radar Systems 24, 1971, Docket N<5. 72-00160-00-14200. Appli­ Ltd., United Kingdom. Intended use of Docket No. 72-00155-33-01110. Appli­ cant: University of California, Los Ala­ article: The article is intended to be used cant: University of Southern California, mos Scientific Laboratory, Post Office in research involving cancer cell and School of Medicine, 2025 Zonal Avenue, Box 990, Los Alamos, NM 87544. Article: membrane structure studies. Application Los Angeles, CA 90033. Article: Amino Accessories for analyzing TV computer. received by Commissioner of Cutoms: acid analyzer. Manufacturer: Japan Manufacturer: Metals Research Limited, September 24,1971. Electron Optics Laboratory Co., Ltd., Ja­ United Kingdom. Intended use of article: Docket No. 72-00149-33-90000. Appli­ pan. Intended use of article: The article The articles are accessories for an exist­ cant: Boston University School of Medi­ is intended to be used in a research proj­ ing computer. Application received by cine, 80 East Concord Street, Boston, MA ect involving the study of collagen, a pro­ Commissioner of Customs: September 30, 02118. Article: X-ray diffraction camera. tein which is characterized by the pres­ 1971. Manufacturer: Elliot Automation Radar ence of a unique amino acid: hydroxy- Docket No. 72-00161-00-46040. Appli­ Systems, Ltd., United Kingdom. Intended proline. Specifically the article will be cant: Northeastern University, 360 Hunt­ use of article: The article will be used in used in the process of separating hy- ington Avenue, Boston, MA 02115. Ar­ research involving cancer cell and mem­ droxyproline from aspartic acid. Appli­ ticle: Large angle goniometer stage. brane structure studies. Application re­ cation received by Commissioner of Manufacturer: Japan Electron Optics ceived by Commissioner of Customs: Customs: September 24, 1971. Laboratory Co., Ltd., Japan. Intended September 24,1971. Docket No. 72-00156-33-46040. Appli­ use of article: The article is an accessory Docket No. 72-00151-01-78000. Appli­ cant: Indiana University-Purdue Uni­ for an existing electron microscope. Ap­ cant: Trenton State College, Department versity, 630 West New York Street, In­ plication received by Commissioner of of Chemistry, Trenton, N.J. 08625. dianapolis, IN 46202. Article: Electron Customs: September 30, 1971. Article: Nuclear magnetic resonance microscope, Model EM 300. Manufac­ Docket No. 72-00162-33-43780. Appli­ spectrophotometer. Manufacturer: Ja­ turer: Philips Electronic Instruments, cant: Veterans Administration Hospital, pan Electron Optics Laboratory Co., NVD, The Netherlands. Intended use of 1601 Perdido Street, New Orleans, LA Ltd., Japan. Intended use of article: The article: The article is intended to be used 70140. Article: Resparameter, Mark 4. article will be used as a research tool in in research for studies of the ultrastruc­ Manufacturer: P. K. Morgan, Ltd., teaching the fundamentals of research in ture of human tumors, human neo­ United Kingdom. Intended use of article: advance topics and senior research in plasms, and other lesions with the view The article is to be used for the purpose such experiments as determinations of of more precise delineation of the nature of measuring single-breath pulmonary chemical structures, chemical shifts as a of neoplasms examined on the Surgical diffusing capacity, an important part of function of metal organic bonding, liquid Pathology Service. Studies on the ultra­ pulmonary function testing. The article crystal structure variation as a function structure of melanosomes, premelano- will also be used in the training of resi­ of temperature and kinetic rate of deu­ somes and precursor cellular particulates dents and fellows in the fields of internal terium exchange in labile hydrogens of as part of a study on the pathogenesis of medicine and pulmonary diseases. Appli­ pyridinium salts. The article will also be melanoma will also be carried out. In ad­ cation received by Commissioner of Cus­ used in teaching courses in organic chem­ dition the article will be used for ultra- toms: September 30, 1971. istry, analytical chemistry, qualitative structural studies of (a) a variety of cy­ Docket No. 72-00163-33-19000. Appli­ organic chemistry, and advanced organic toplasmic aggregates derived from a cant: The Johns Hopkins University, chemistry. Application received by Com­ related degenerative etiology of which is Charles and 34th Streets* Baltimore, MD missioner of Customs: September 24, obscure; (b) the kidney in an experi­ 21218. Article: Digital density meter. 1971. mental study of mechanisms of hyper­ Manufacturer: Anton Parr K.G., Aus-

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 NOTICES 23261 tria. Intended use of article: The article by Commissioner of Customs: October 5, Mark II. Manufacturer: University of is intended to be used in research to give 1971. London, England. Intended use of arti­ information on the partial specific Docket No, 72-00168-00-78050. Appli­ cle: The article will be used to obtain in volume of proteins, whose physical pa­ cant: University of Arkansas Medical a rapid and automatic fashion a quantifi­ rameters are being studied. Studies on School, 4301 West Markham Street, Little able description of the structure of brain the size and shape of the proteins of Rock, AR 72201. Article: Circular di- specimens and blood smears, which is muscle are also currently in process. chroism attachment, Model CD-HC. important for the proper study of disease Application received by Commissioner of Manufacturer : Rehovoth Instrument in these tissues, as well as to train Ph.D. Customs: September 30, 1971. Ltd., Israel. Intended use of article: The students in the neurosciences and resi­ Docket No. 72-00164-99-64600. Appli­ article will be used as a mobile attach­ dent M.Ds working towards their spe­ cant: University of Washington, Depart­ ment to a recording spectrometer used cialty boards. Application received by ment of Civil Engineering FV-10, Room by graduate students for studying the Commissioner of Customs: October 5, 304 More Hall, Seattle, WA 98105. structure of proteins. Application re­ 1971. Article: BCURA flue dust sampling ap­ ceived by Commission of Customs: Octo­ Docket No. 72-00171-91-46040. Appli­ paratus. Manufacturer: Air Flow Devel­ ber 5, 1971. cant: University of Iowa, Department of opment Ltd., Canada. Intended use of Docket No. 72-00169-33-46040. Appli­ Botany, Iowa City, Iowa 52240. Article: article: The article is to be used in en­ cant: The University of Texas Medical Electron microscope, Model HU-12. gineering course CEWA 467: “Air Branch, Office of the Purchasing Agent, Manufacturer: Hitachi Ltd., Japan. In­ Pollution Source Testing and Equipment Galveston, Tex. 77550. Article: Electron tended use of article: The article will be Evaluation” and graduate student thesis microscope, Model EM 300. Manufac­ used in several research projects includ­ research projects in industrial plants turer: Philips Electronics Instruments, ing: (1) An investigation of chloroplast such as pulp mills, aluminium reduction The Netherlands. Intended use of article : ultrastructure in order to correlate cer­ plants, sewage sludge incinerators, coal- The article will be used to examine the tain alterations found in chloroplast fired furnaces etc. The best features from fine structure of cells of the endocrine membrane structure with changes ob­ various sampling trains will be adapted organs, liver, carotid body and heart; to served in the photosynthetic capacity of to the particular problems of the stu­ study, in detail, cytoplasmic crystals and a line of cultured plant cells; (2) the dents. Application received by Commis­ myelin; to study the fine structure of study of viruslike particles found in the sioner of Customs: September 30, 1971. sympathetic and parasympathetic para- nuclei of a line of cultured plant cells that has lost the ability to differentiate Docket No. 72-00165-01-77000. Appli­ ganglion cells together with the mech­ anism of release of their hormones; to in order to determine their location, cant: Northwestern University, 2145 origin and mode of transmission; and Sheridan Road, Evanston, IL 60201. Ar­ study cytochemical localization of acetyl- OoA carboxylase in hepatocytes and cells (3) the examination of isolated nucleic ticle: Electron spectrometer, ES 100B. acids from chloroplasts and viruslike Manufacturer: Associated Electrical In­ of the mammary gland; to study the effects of drugs on motoneurons of the particles. The article will also be used in dustries, United Kingdom. Intended use the Botany Department course 2:214, of article: The article will be used for spinal cord; to analyze the effects of cho­ lesterol inhibitors on the lens of the eye; electron microscopy, a one-semester X-ray excited photoelectron spectros­ course with an average enrollment of copy of solids, liquids, and gases with as well as for several other studies. Ap­ plication received by Commissioner of eight graduate students. Application re­ both polychromatic and monochromatic ceived by Commissioner of Customs: excitation and for ultraviolet radiation Customs: October 5,1971. October 5, 1971. excited photoelectron spectroscopy of Docket No. 72-00170-33-46095. Appli­ both solids and gases. The article will cant: University of Chicago, Pathology Seth M. Bodner, also be used in courses designed to fa­ Department, Billings Hospital, 950 East Director, miliarize graduate students with modem 59th Street, Chicago, IL 60637. Article: Office of Import Programs. chemical synthesis and analysis tech­ Computerized flying-spot microscope, [FR Doc.71-17832 Filed 12-6-71;8:49 am] nique. Application received by Commis­ sioner of Customs: September 30, 1971. Docket No. 72-00166-33-46040. Appli­ DEPARTMENT OF AGRICULTURE cant: State University of New York at Buffalo, School of Medicine, Department Packers and Stockyards Administration of Anatomy, 317 Capen Hall, Buffalo, DAVIS RANCH HORSE SALE ET AL. NY 14214. Article: Electron microscope, Model JEM 100B. Manufacturer: Japan Notice of Changes in Names of Posted Stockyards Electron Optics Laboratory Co., Ltd., Ja­ It has been ascertained, and notice is hereby given, that the names of the livestock pan. Intended use of article: The article markets referred to herein, which were posted on the respective dates specified will be used to determine the origin and below as being subject to the provisions of the Packers and Stockyards Act, 1921, structure of pigment material in aging as amended (7 U.S.C. 181 et seq.), have been changed as indicated below. cells and morphological ultrastructural Original name of stockyard, location, Current name of stockyard and features of such cells as well as to study and date of posting date of change in name the pathogenesis of intracranial tumors. C olorado The article will also be used for the training of graduate and medical stu­ Davis Ranch Sale Pavilion, Ft. Morgan, Nov. 22, Davis Ranch Horse Sale, Oct. 1, 1971. dents who will be carrying on research 1 9 6 1 . projects in partial fulfillment of the re­ G eorgia quirements for graduate degrees. Appli­ Bulloch Stock Yard, Statesboro, M ay 14, 1959 _____ Bulloch Stockyard, Inc., Nov. 1, 1971. cation received by Commissioner of Cus­ T exas toms: October 5, 1971. Docket No. 72-00167-00-46040. Appli­ Corsicana Livestock Co., Corsicana, Jan. 11, 1957 __ Corsicana Livestock M arket, Inc., M ay 1, cant: Indiana University-Indianapolis, 1 9 7 1 . 630 West New York Street, Indianapolis, North Houston Livestock Auction, Houston, N orth Houston Livestock, Inc., Oct. 4, Sept. SO, 1968. 1 9 7 1 . IN 46202. Article: Magazine for Univer­ Taylor Commission Company, Taylor, Feb. 27, Taylor Livestock Auction, Inc., Oct. 1, sal camera for electron microscope. 1 9 5 7 . 1 9 7 1 . Manufacturer: Siemens A. G., West Ger­ Done at Washington, D.C., this 1st day of December 1971. many. Intended use of article-. The ar­ G . H . H o p p e r , ticle is an accessory for an existing Chief, Registrations, Bonds, and Reports electron microscope ordered from the Branch, Livestock Marketing Division. same manufacturer. Application received IFB Doc.71-17853 Filed 12-6-71; 8:50 am ]

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23262 NOTICES

in th e F ederal R egister July 14,1970 (35 Office of the Secretary DEPARTMENT OF HEALTH, F.R. 11273). 2. Within 60 days from publication NATIONAL ADVISORY COMMITTEE EDUCATION, AND WELFARE hereof in the F ederal R egister, the ON OCCUPATIONAL SAFETY AND holder of any approved new drug appli­ HEALTH Food and Drug Administration cation for such drug is requested to sub­ Composition and Functions MONTECANTINI EDISON, S.P.A. mit a supplement to his application to provide for revised labeling, as needed, Cross R eference: For a document Notice of Filing of Petition for Food which is in accord with this issued jointly by the Department of Additive announcement. Health, Education, and Welfare and the 3. The drug is labeled to comply with Department of Labor regarding the com­ Pursuant to the provisions of the Fed­ all requirements of the Act and regula­ position and functions of the National eral Food, Drug, and Cosmetic Act (sec. tions. The labeling bears adequate direc­ Advisory Committee on Occupational 409(b)(5), 72 Stat. 1786 ; 21 UJ5.C. 348 tions and warnings under which a lay­ Safety and Health, see F.R. Doc. (b)(5)), notice is given that a petition man can use the drug safely and for the 71-17836, Department of Labor, infra. (FAP 2B2740) has been filed by Monte- purpose for which it is intended. cantini Edison, S.p.A.; P.za della Repub­ 4. The statement of identity which in­ blica, 16; 20124—Milano; Repubblica cludes the general pharmacological cate­ Italiana, proposing that § 121.2527 Anti­ gory or the principal intended action re­ static and/or antifogging agents in food- quired by § 1.102a (21 CFR 1.102a) shall ATOMIC ENERGY COMMISSION packaging materials and § 121.2569 Res­ appear in boldface type on the principal [Dockets Nos. 50-400, 50-401, 50-402, 50-403] inous and polymeric coatings for poly­ display panel. olefin films (21 CFR 121.2527, 121.2569) 5. The indications for use for the CAROLINA POWER AND LIGHT CO. be amended to provide for the safe use of probably effective indication shall be: Notice of Availability of Applicant's cetylpyridinium chloride as an antistatic For the removal of adhesive tape from the Environmental Report agent in polypropylene food-packaging skin. materials, and as an antistatic adjuvant Pursuant to the National Environ­ substance in resinous and polymeric The supplement should be submitted mental Policy Act of 1969 and the Atomic coatings for polyolefin films for food- under the provisions of § 130.9 (d) and Energy Commission’s regulations, notice contact use. (e) of the new drug regulations (21 CFR is hereby given that a report entitled 130.9 (d) and (e)) which permit certain Dated: November 24, 1971. “Applicant’s Environmental Report— changes to be put into effect at the earli­ Construction Permit Stage” submitted Virgil O. W odicka, est possible time, and the revised label­ by the Carolina Power and lig h t Co. is Director, Bureau of Foods. ing should be put into use within the 60- being placed in the Commission’s Public [FR Doc.71-17846 Filed 12-6-71;8:50 am] day period. Document Room at 1717 H Street NW„ 6. After 60 days following publication Washington, DC, and in the Wake County hereof in the F ederal R egister, any such Public Library, 104 Fayetteville Street, [DESI 2666] drug on the market without an approved Raleigh, NC 27601. The report is also new drug application and shipped within being made available to the public at SOLVENT FOR EXTERNAL USE IN RE-. the jurisdiction of the Federal Food, the Clearinghouse and Information Cen­ MOVAL OF ADHESIVE TAPE FROM Drug, and Cosmetic Act should be labeled ter,- Post Office Box 1351, Raleigh, NC THE SKIN in accord with this notice. 27602, and the Research Triangle A copy of the Academy’s report has Regional Planning Commission, Post Drugs for Human Use; Drug Efficacy Office Box 12255, Research Triangle Study Implementation been furnished to the firm referred to above. Communications forwarded in re­ Park, NC 27709. The Food and Drug Administration sponse to this announcement should be This report discusses environmental has evaluated a report received from the identified with the reference number considerations related to the proposed National Academy of Sciences-National DESI 2666, directed to the attention of construction of the Shearon Harris Research Council, Drug Efficacy Study the appropriate office listed below, and Nuclear Power Plant, Units 1, 2, 3, and 4 addressed to the Food and Drug Admin­ located in Wake and Chatham Counties, Group, on the following drug; N.C. Comments on the report may be Adhesivease Solution containing oxy- istration, 5600 Fishers Lane, Rockville, Md. 20852: submitted by Interested persons to the quinoline, cresol, and diethylene glycol Director, Division of Radiological and monoethyl ether acetate in kerosene; Supplements (Identify with NDA number): Environmental Protection, UJ3. Atomic S. F. Durst & Co., Inc., 5317 North Third Office of Scientific Evaluation (BD-100), Energy Commission, Washington, D.C. Street, Philadelphia, PA 19120 (NDA Bureau of Drugs. 20545. 2-666). Original new drug applications: Office of Sci­ entific Evaluation (BD-100), Bureau of A supplemental environmental report Such drug is regarded as a new drug Drugs. to include information required by the (21 UJ3.C. 321 (p)). The effectiveness Requests for the Academy’s report: Drug Ef­ Commission’s regulations in Appendix D classification and marketing status are ficacy Study Information Control (BD-67), to 10 CFR Part 50 implementing the described below. Bureau of Drugs. National Environmental Policy Act of A. Effectiveness classification. The All other communication regarding this an­ 1969 is expected to be submitted by Food and Drug Administration has con­ nouncement: Drug Efficacy Study Imple­ Carolina Power and Light Co. sidered the Academy’s report, as well as mentation Project Office (BD-60), Bureau After the reports have been analyzed other available evidence, and concludes of Drugs. by the Commission’s Director of Regula­ that in the absence of evidence showing This notice is issued pursuant to provi­ tion or his designee, a draft detailed the contribution made by oxyquinoline sions of the Federal Food, Drug, and statement of environmental considera­ and cresol, the drug is regarded as prob­ Cosmetic Act (secs. 502, 505, 52 Stat. tions related to the proposed action will ably effective for external use in removal 1050-53, as amended; 21 U.S.C. 352, 355) be prepared. Upon preparation of the of adhesive tape from the skin. and under the authority delegated to the draft detailed statement, the Commis­ B. Marketing status. 1. Marketing of Commissioner of Food and Drugs (21 sion will, among other things, cause to such drug with labeling which recom­ CFR 2.120). be published in the F ederal R egister a mends or suggests its use for the indica­ summary notice of the availability of tion for which it has been classified as Dated: Npvember 10,1971. the Applicant’s Environmental Reports probably effective may be continued for and the draft detailed statement. The 12 months as described in paragraphs S a m D . F i n e , summary notice will request, within (c), (e), and (f) of the notice “Condi­ Associate Commissioner seventy-five (75) days or such longer tions for Marketing New Drugs Evalu­ for Compliance. period as the Commission may determine ated in Drug Efficacy Study,” published [FR Doc.71-17843 Filed 12-6-71; 8:50 am] to be practicable, comment from inter -

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 NOTICES 23263 ested persons on the proposed action and the effect that the comments of Federal Dated at Bethesda, Md., this 23d day on the draft statement. The summary agencies and State and local officials of November 1971. notice will also contain a statement to thereon will be available when received. For the Atomic Energy Commission. the effect that the comments of Federal Dated at Bethesda, Md., this 23d day agencies and State and local officials P eter A. Morris, thereon will be available when received. of November 1971. Director, For the Atomic Energy Commission. Dated at Bethesda, Md., this 23d day Division of Reactor Licensing. of November 1971. P eter A. Morris, [PR Doc.71-17811 Filed 12-6-71;8:48 am] Director, For the Atomic Energy Commission. Division of Reactor Licensing. [Docket No. 50-331] P eter A. M orris, [PR Doc.71-17810 Piled 12-6-71;8:48 am] Director, IOWA ELECTRIC LIGHT AND POWER Division of Reactor Licensing. CO. ET AL. [Docket No. 50-255] [PR Doc.71-17809 Filed 12-6-71;8:47 am] Determination Not To Suspend Con­ CONSUMERS POWER CO. struction Activities Pending Com­ [Docket No. 50-247] Notice of Availability of Applicant’s pletion of NEPA Environmental CONSOLIDATED EDISON COMPANY Supplemental Environmental Report Review OF NEW YORK, INC. Pursuant to the National Environ­ The Iowa Electric Light and Power Co., Notice of Availability of Applicant’^ mental Policy Act of 1969 and the Atomic the Com Belt Power Cooperative, and the Supplemental Environmental Reports Energy Commission’s regulations, notice Central Iowa Power Cooperative (the is hereby given that a report entitled licensees), are the holders of construc­ Pursuant to the National Environ­ “Supplemental Information on Environ­ tion Permit No. CPPR-70 (the construc­ mental Policy Act of 1969 and the Atomic mental Impact of Palisades Plant” sub­ tion permit), issued by the Atomic En­ Energy Commission’s regulations in Ap­ mitted by the Consumers Power Co. is ergy Commission on June 22, 1970. The pendix D to 10 CFR Part 50, notice is being placed in the Commission’s Public construction permit authorizes the li- hereby given that reports entitled “Sup­ Document Room at 1717 H Street NW., censees to construct a boiling water plement No. 1 and Appendices Volumes Washington, DC, and in the Kalamazoo nuclear power reactor designated as the No. 1 and 2” and “Supplement No. 2” to City Hall, 241 West South Street, Kala­ Duane Arnold Energy Center, at a site the “Applicant’s Environmental Report— mazoo, MI 49006. The report is also being near Cedar Rapids in Linn County, Iowa. Indian Point Unit No. 2” submitted by the made available to the public at the The facility is designed for initial oper­ Consolidated Edison Company of New Office of Planning Coordination, Exec­ ation at approximately 1,593 megawatts York, Inc., are being placed in the Com­ utive Office of the Governor, Lewis Cass (thermal). mission’s Public Document Room at 1717 Building, Lansing, Mich. 48913. In accordance with section E.3 of the H Street NW., Washington, DC, and in This report discusses environmental Commission’s regulations implementing the office of Dr. Eugene W. Booth, Hend­ considerations related to the proposed the National Environmental Policy Act rick Hudson High School library, Al­ operation of the Palisades Nuclear Plant of 1969 (NEPA), Appendix D of 10 CFR bany Post Road, Montrose, N.Y. 10548. located in Covert Township, Van Buren Part 50 (Appendix D ), the licensees have The reports are also being made avail­ County, Mich. Comments on the report furnished to the Commission a wirtten able to the public at the New York State may be submitted by interested persons statement of reasons, with supporting Office of Planning Coordination, 488 to the Director, Division of Radiological factual submission, why the construction Broadway, Albany, NY 12207, and the and Environmental Protection, U.S. permit should not be suspended, in whple Metropolitan District Review Coordina­ Atomic Energy Commission, Washing­ or in part, pending completion of the tor, Office of Planning Coordination, ton, D.C. 20545. NEPA environmental review. 1841 Broadway, New York, NY 10023. A supplemental environmental report The Director of Regulation has con­ These reports discuss environmental to include information required by the sidered the licensees’ submission in the considerations related to the proposed Commission ’s regulations in Appendix D light of the criteria set out in section E.2 operation of the Indian Point Unit No. 2 to 10 CFR Part 50 implementing the Na­ of Appendix D, and has determined, after located in the town of Buchanan, West­ tional Environmental Policy Act of 1969 considering and balancing the criteria chester County, N.Y. Comments on the is expected to be submitted by Consumers in section E.2 of Appendix D, that con­ reports may be submitted by interested Power Co. struction activities at the Duane Arnold persons to the Director, Division of Ra­ After tiie reports have been analyzed Energy Center authorized pursuant to diological and Environmental Protection, by the Commission’s Director of Regula­ CPPR-70 should not be suspended pend­ UJS. Atomic Energy Commission, Wash­ tion or his designee, a supplemental ing completion of the NEPA environ­ ington, D.C.20545. draft detailed statement of environ­ mental review. In reaching this determi­ After the reports have been analyzed mental considerations related to the pro­ nation, consideration was given to IELP’s by the Commission’s Director of Regula­ posed action will be prepared. Upon prep­ commitment that construction of the tion or his designee, a supplemental draft aration of the supplemental draft de­ recreation-storage lake would not begin detailed statement of environmental con­ tailed statement, the Commission will, until March 1973, and that any change siderations related to the proposed action among other things, cause to be pub­ in this schedule would be submitted will be prepared. Upon preparation of the lished in the F ederal R egister a sum­ for review by the AEC before being supplemental draft detailed statement, mary notice of the availability of the implemented. the Commission will, among other things, applicant’s supplemental Environmental Further details of this determination cause to be published in the F ederal R eg­ Report and the supplemental draft de­ are set forth in a document entitled “Dis­ ister a summary notice of availability tailed statement. The summary notice cussion and Findings by the Division of of the Applicant’s supplemental Envi­ will request within thirty (30) days com­ Reactor Licensing, U.S. Atomic Energy ronmental Report and the supplemental ments from Federal agencies, State and Commission, Relating to Consideration draft detailed statement. The summary local officials, and interested persons on of Suspension Pending NEPA Environ­ notice will request, within thirty (30) the applicant’s supplemental Environ­ mental Review of the Construction Per­ days, comments from Federal agencies, mental Report and the supplemental mit for the Duane Arnold Energy Center, State and local officials, and interested draft detailed statement. The summary Docket No. 50-331.” persons on the Applicant’s supplemental notice will also contain a statement to Pending completion of the full NEPA Environmental Report and the supple­ the effect that the comments of Federal review, the holders of Construction mental draft statement. The summary agencies and State and local officials Permit No. CPPR-70 proceed with con­ notice will also contain a statement to thereon will be available when received. struction at their own risk. The deter-

FEDERAL REGISTER, V O L 36, NO. 234— TUESDAY, DECEMBER 7, 1971 No. 236 1 '10 23264 NOTICES mination herein and the discussion and the Three Mile Island Nuclear Generat­ ately conditioning the permits to protect findings hereinabove referred to do not ing Station Units 1 and 2, located cm environmental values. preclude the Commission, as a result of Three Mile Island, an island in the Any person whose interest may be af­ its ongoing environmental review, from Susquehanna River, in Londonderry fected by this proceeding, other than the continuing, modifying, or terminating the Township, Dauphin County, Pa., about 10 licensees, may file a request for a hearing construction permit or from appropri­ miles southeast of Harrisburg, Pa. Each within thirty (30) days after publication ately conditioning the permit to protect reactor is designed to operate initially at of this determination in the F ederal R eg­ environmental values. 2,452 megawatts (thermal). ister. Such request shall set forth the Any person whose interest may be af­ In accordance with section E.3 of the matters, with reference to the factors fected by this proceeding, other than the Commission’s regulations implementing set out in section E.2 of Appendix D, al­ licensee, may file a request for a hearing the National Environmental Policy Act of leged to warrant a suspension determi-f within thirty (30) days after publication 1969 (NEPA), Appendix D of 10 CFR nation other than that made by the Di­ of this determination in the F ederal Part 50 (Appendix D ), the licensees have rector of Regulation and set forth the R egister. Such a request shall set forth furnished to the Commission a written factual basis for the request. If the Com­ the matters, with reference to the fac­ statement of reasons, with supporting mission determines that the matters tors set out in section E.2 of Appendix factual submission, why the provisional stated in such request warrant a hearing, D, alleged to warrant a determination construction permits should not be sus­ a notice of hearing will be published in other than that made by the Director pended, in whole or in part, pending the F ederal R egister. of Regulation and shall set forth the fac­ completion of the NEPA environmental The licensees’ statement of reasons, tual basis for the request. If the Com­ review. furnished pursuant to section E.3 of Ap­ mission determines that the matters The Director of Regulation has con­ pendix D, as to why the provisional con­ stated in such request warrant a hearing, sidered the licensees’ submissions in the struction permit should not be suspended light of the criteria set out in section E.2 pending competion of the NEPA environ­ a notice of hearing will be published in mental review, and the document en­ the F ederal R egister. of Appendix D and has determined, after The licensees’ statement of reasons, considering and balancing the criteria in titled “Discussion and Findings by the furnished pursuant to section E.3 of Ap­ section E.2 of Appendix D, that construc­ Division of Reactor Licensing, U.S. pendix D, as to why the construction per­ tion activities involving the offsite por­ Atomic Energy Commission, Relating to mit should not be suspended pending tions of the transmission lines for the Consideration of Suspension Pending completion of the NEPA environmental Three Mile Island Nuclear Generating NEPA Environmental Review of the Pro­ review, and the document entitled “Dis­ Station Unit No. 2 should be suspended visional Construction Permits for the cussion and Findings by the Division of pending completion of those portions of Three Mile Island Nuclear Generating Reactor Licensing, U.S. Atomic Energy the NEPA environmental review. With Station Units 1 and 2, Metropolitan Commission, Relating to Consideration respect to the construction of the onsite Edison Co., and Jersey Central Power of Suspension Pending NEPA Environ­ portions of the Three Mile Island Nuclear & Light Co., Dockets Nos. 50-289 and mental Review of the Construction Per­ Generating Station, Units 1 and 2, we 50-320, November 22, 1971,” and the mit for the Duane Arnold Energy Colter, have balanced the environmental factors order to show cause are available for Docket No. 50-331,” are available for and concluded that these activities need public inspection at the Commission’s public inspection at the Commission’s not be suspended. Public Document Room, 1717 H Street, Public Document Room, 1717 H Street Further details of this determination NW., Washington, DC, and at the Gov­ NW., Washington, DC, and at the Cedar are set forth in a document entitled, ernment Publications Section, State Li­ Rapids Public Library, 428 Third Avenue “Discussion and Findings by the Division brary of Pennsylvania, Harrisburg, Pa. of Reactor Licensing, U.S. Atomic En­ Copies of the “Discussion and Findings” SE., Cedar Rapids, IA 52401. Copies of document and the order to show cause the “Discussion and Findings” document ergy Commission, Relating to Consider­ ation of Suspension Pending NEPA En­ may be obtained upon request addressed may be obtained upon request addressed to the U.S. Atomic Energy Commission, to the Atomic Energy Commission, vironmental Review of the Provisional Construction Permits for the Three Mile Washington, D.C. 20545, Attention: Di­ Washington, D.C. 20545, Attention: rector, Division of Reactor Licensing. Director, Division of Reactor Licensing. Island Nuclear Generating Station Units 1 and 2, Metropolitan Edison Co., and Dated at Bethesda, Md., this 29th day Dated at Bethesda, Md., this 26th day Jersey Central Power & Light Co., Dock­ of November 1971. of November 1971. ets Nos. 50-289 and 50-320, November 22, For the Atomic Energy Commission. For the Atomic Energy Commission. 1971.” In accordance with section E.4(a) of L. Manning Muntzing, L. M anning Muntzing, Appendix D, the Director of Regulation Director of Regulation. Director of Regulation. has served upon the licensees an order to [FR Doc.71-17812 Filed 12-6-71;8:48 am] show cause why the above-mentioned [FR Doc.71-17813 Filed 12-6-71;8:48 am] construction activities involving the off­ site portions of the transmission lines for [Dockets Nos. 50-289, 50-320] the Three Mile Island Nuclear Generat­ [Docket No. 50-298] METROPOLITAN EDISON CO. AND ing Station Unit 2 should not be sus­ NEBRASKA PUBLIC POWER DISTRICT JERSEY CENTRAL POWER & LIGHT pended pending completion of the NEPA environmental review that relate to these Notice of Availability of Applicant’s CO. matters. Among other things, the order Environmental Report to show cause provides that the licensees Determination To Suspend Certain may, within thirty (30) days of the date Pursuant to the National Environ­ Construction Activities Pending of the order, file a written answer to the mental Policy Act of 1969 and the Atomic Completion of NEPA Environmental order under oath or affirmation, and in­ Energy Commission’s regulations, notice Review forms the licensees of their right, within is hereby given that a report entitled the same period, to demand a hearing. “Applicant’s Environmental Report— Metropolitan Edison Co. is the holder Pending completion of the full NEPA Operating License Stage” submitted by of Provisional Construction Permit No. review, the holders of Provisional Con­ the Nebraska Public Power District is CPPR-40 issued May 18, 1968 for Unit struction Permits Nos. CPPRr-40 and being placed in the Commission’s Public No. 1, and Metropolitan Edison Co. to­ CPPR-66 proceed with construction at Document Room at 1717 H Street NW., gether with Jersey Central Power & Light their own risk. The determination herein Washingtn, DC, and in the Auburn Pub­ Co. are the holders of Provisional Con­ and the discussion and findings referred lic Library, 1118 15th Street, Auburn, struction Permit No. CPPR-66 issued No­ to above do not preclude the Commis­ NE 68305. The report is also being made vember 4, 1969 for Unit No. 2. The pro­ sion, as* a result of its ongoing en­ available to the public at the State Office visional construction permits authorize vironmental review, from continuing, of Planning and Programming, State the construction of two pressurized wa­ modifying or terminating the provisional Capitol, Box 94601, Lincoln, NE 68509, and the Southeastern Nebraska Joint ter nuclear power reactors, designated as construction permits or from appropri­

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 NOTICES 23265 Planning Commission, Humboldt, Nebr. furnished to the Commission a written Power Plant, Units 1 and 2, Dockets Nos. 68370. statement of reasons, with supporting 50-275 and 50-323” and the order to show This report discusses environmental factual submission, why the construction cause are available for public inspection considerations related to the proposed permits should not be suspended, in whole at the Commission’s Public Document operation of the Cooper Nuclear Station or in part, pending completion of the Room, 1717 H Street NW., Washington, located near the village of Brownville, NEPA environmental review. DC, and at the San Luis Obispo County Nemaha County, Nebr. Comments on the Free Library, 1354 Bishop Street, San report may be submitted by interested The Director of Regulation has con­ Luis Obispo, CA 93401. Copies of the persons to the Director, Division of sidered the licensee’s submission in light “Discussion and Findings” document and Radiological and Environmental Protec­ of the criteria set out in section E.2 of the order to show cause may be obtained tion, U.S. Atomic Energy Commission, Appendix D and has determined, after upon request addressed to the U.S. Washington, D.C. 20545. considering and balancing the criteria Atomic Energy Commission, Washington, A supplemental environmental report in section E.2 of Appendix D, that con­ D.C. 20545, Attention: Director, Division to include information required by the struction activities involving the off-site of Reactor Licensing. Commission ’s regulations in Appendix D right-of-way and constructing the second to 10 CFR Part 50 implementing the Na­ Diablo-Midway transmission line for the Dated at Bethesda, Md., this 29th day tional Environmental Policy Act of 1969 Diablo Canyon Nuclear Plant should be of November 1971. is expected to be submitted by Nebraska suspended pending completion of those For the Atomic Energy Commission. Public Power District. portions of the NEPA environmental re­ After the reports have been analyzed view. With respect to the construction of L. Manning Muntzing, by the Commission’s Director of Regula­ the Diablo-Gates transmission line and Director of Regulation, tion or his designee, a draft detailed the first Diablo-Midway transmission [FR Doc.71-17815 Filed 12-6-71;8:48 am] statement of environmental considera­ line, and the onsite portions of the Diablo tions related to the proposed action will Canyon Plant, we have balanced the en­ vironmental factors and concluded that [Dockets Nos. 50-338, 50-339] be prepared. Upon preparation of the these activities need not be suspended. draft detailed statement, the Commis­ Further details of this determination VIRGINIA ELECTRIC AND POWER CO. sion will, among other things, cause to be are set forth in a document entitled, published in the F ederal R egister a sum­ “Discussion and Findings by the Division Determination To Suspend Certain mary notice of availability of the Appli­ of Reactor Licensing, U.S. Atomic Energy Construction Activities Pending cant’s Environmental Reports and the Commission, Relating to Consideration of Completion of NEPA Environmental draft detailed statement. The summary Suspension Pending NEPA Environ­ Review notice will request, within seventy-five mental Review of the Construction Per­ (75) days or such longer period as the mits for the Diablo Canyon Nuclear The Virginia Electric and Power Co. Commission may determine to be practi­ Power Plant, Units 1 and 2, Dockets Nos. (the licensee), is the holder of Construc­ cable, comment from Interested persons 50-275 and 50-323.” tion Permits Nos. CPPR-77 and CPPR- on the proposed action and on the draft In accordance with section E.4(a) of 78 (the construction permits), issued by statement. The summary notice will also Appendix D, the Director of Regulation the Atomic Energy Commission on Feb­ contain a statement to the effect that the has served upon the licensee an order to ruary 19, 1971. The construction permits comments of Federal agencies and State show cause why the above-mentioned authorize the licensee to construct two and local officials thereon will be avail­ construction activities at the Diablo pressurized water nuclear power reactors able when received. Canyon Plant should not be suspended designated as the North Anna Power Sta­ Dated at Bethesda, Md., this 23d day pending completion of the NEPA envi­ tion Units 1 and 2 at the licensee’s site of November 1971. ronmental review that relate to these located in Louisa County, Va. Each re­ matters. Among other things, the order actor is designed for Initial operation For the Atomic Energy Commission. to show cause provides that the licensee at approximately 2,652 megawatts P eter A. Morris, may, within thirty (30) days of the date

FEDERAL REGISTER, V O L 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23266 NOTICES Commission, Relating to Consideration [Docket No. 50-397] [Docket No. 50-247] of Suspension Pending NEPA Environ­ WASHINGTON PUBLIC POWER CONSOLIDATED EDISON COMPANY mental Review of the Construction Per­ mits for the North Anna Power Station, SUPPLY SYSTEM OF NEW YORK, INC. Units 1 and 2, Dockets Nos. 50-338 and Notice of Availability of Applicant’s Order Confirming Order for 50-339.” Environmental Report Resumption of Hearing In accordance with section E.4(a) of Appendix D, the Director of Regulation Pursuant to the National Environmen­ In accordance with the provisions has served upon the licensee an order to tal Policy Act of 1969 and the Atomic made at the evidentiary hearing, which show cause why the above-mentioned Energy Commission’s regulations, notice recessed on November 17,1971, and con­ construction activities at the North Anna is hereby given that a report entitled firming the order as reflected in the Power Station should not be suspended “Applicant’s Environmental Report— transcript of that proceeding, pending completion of the NEPA en­ Construction Permit Stage” submitted by Wherefore, it is ordered, In accordance vironmental review that relate to these the Washington Public Power Supply with the Atomic Energy Act, as matters. Among other things, the order to System is being placed in the Commis­ amended,' and the rules of practice of show cause provides that the licensee sion’s Public Document Room at 1717 H the Commission, that the evidentiary may, within thirty (30) days of the date Street NW., Washington, DC, and in the hearing in this proceeding (Indian Point of the order, file a written answer to the Richland Public Library, Swift and Station Unit No. 2) shall resume at 9 order under oath of affirmation, and in­ Northgate Streets, Richland, WA 99352. a.m. on Tuesday, December 14, 1971 in forms the licensee of his right, within The report is also being made available the All-Purpose Room of the Springvale the same period, to demand a hearing. to the public at the Office of the Gover­ Inn, 500 Albany Post Road, Croton-on- Hudson, NY. Any person whose interest may be nor, State Planning Division and Com­ munity Assistance Division, 100 Insur­ Issued: December 3, 1971, German­ affected by this proceeding, other than ance Building, Olympia, Wash. 98501. the licensee, may file a request for a This report discusses environmental town, Maryland. hearing within thirty (30) days after considerations related to the proposed Atomic S afety and Licens­ publication of this determination in the construction of Hanford Numb«: Two, ing Board, F ederal R egister. Such request shall set located in Benton County, Wash. Com­ S amuel W. J ensch, forth the matters, with reference to the Chairman. factors set out in section E.2 of Appendix ments on the report may be submitted by interested persons to the Director, Divi­ [FR Doc.71-17931 Filed 12-6-71; 8:51 am] D, alleged to warrant a suspension sion of Radiological and Environmental determination other than that made by Protection, U.S. Atomic Energy Commis­ the Director of Regulation and shall set [Dockets Nos. 50-354, 50-355] forth the factual basis for the request. sion, Washington, D.C. 20545. If the Commission determines that the A supplemental environmental report PUBLIC SERVICE ELECTRIC AND GAS matters stated in such request warrant to include information required by the CO. a hearing, a notice of hearing will be Commission’s regulations in Appendix D published in the F ederal R egister. to 10 CFR Part 50 implementing the Na­ Notice of Hearing on Application for The licensee’s statement of reasons, tional Environmental Policy Act of 1969 Construction Permits is expected to be submitted by Wash­ furnished pursuant to section E.3 of Pursuant to the Atomic Energy Act Appendix D, as to why the construction ington Public Power Supply System. After the reports have been analyzed of 1954, as amended (the Act), and the permits should not be suspended pend­ regulations in Title 10, Code of Federal ing completion of the NEPA environ­ by the Commission’s Director of Regula­ tion or his designee, a draft detailed Regulations, Part 50, “Licensing of Pro­ mental review, and the document en­ duction and Utilization Facilities,” and titled “Discussion and Findings by the statement of environmental considera­ tions related to the proposed action will Part 2, “Rules of Practice,” notice is Division of Reactor Licensing, U.S. hereby given that a hearing will be held, Atomic Energy Commission, Relating to be prepared. Upon preparation of the draft detailed statement, the Commis­ at a time and place to be set in the future Consideration of Suspension Pending by an Atomic Safety and Licensing NEPA Environmental Review of the sion will, among other things, cause to be published in the F ederal R egister a Board (Board), to consider the applica­ Construction Permits for the North tion filed under the Act by the Public Anna Power Station, Units 1 and 2, summary notice of availability of the Applicant’s Environmental Reports and Service Electric and Gas Co. (the appli­ Dockets Nos. 50-338 and 50-339” and cant) , for construction permits for two the order to show cause are available the draft detailed statement. The sum­ mary notice will request, within seventy- boiling water nuclear reactors desig­ for public inspection at the Commis­ nated as the Newbold Island Nuclear sion’s Public Document Room, 1717 H five (75) days or such longer period as Street NW„ Washington, DC, and at the the Commission may determine to be Generating Station, Units 1 and 2 (the Board of Supervisors, Louisa County practicable, comment from interested facilities), each of which is designed for Courthouse, Louisa, Va. 23093. Copies of persons on the proposed action and on initial operation at approximately 3,293 the “Discussion and Findings” document the draft statement. The summary notice thermal megawatts. The proposed facili­ will also contain a statement to the effect ties are to be located at a site of approxi­ and the order to show cause may be ob­ mately 530 acres located in Bordentown tained upon request addressed to the that the comments of Federal agencies U.S. Atomic Energy Commission, Wash­ and State and local officials thereon will Township, Burlington County, N.J. The be available when received. proposed site is situated on Newbold ington, D.C. 20545, Attention: Director, Island, which is in the Delaware River Division of Reactor Licensing. Dated at Bethesda, Md., this 23d day approximately 5 miles south of the city Dated at Bethesda, Md., this 29th day of November 1971. limits of Trenton, N.J., and approxi­ of November 1971. For the Atomic Energy Commission. mately 11 miles northeast of the Phila­ For the Atomic Energy Commission. delphia city limits. The hearing will be P eter A. M orris, held in the vicinity of the site of the L. Manning Muntzing, Director, proposed facilities. Director of Regulation. Division of Reactor Licensing. The Board will be designated by the [PR Doc.71-17816 Piled 12-6-71:8:48 am] [FR Doc.71-17817 Filed 12-6-71:8:48 am] Atomic Energy Commission (Commis-

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 NOTICES 23267 sion). Notice as to its membership will the application and the record of the permitted at the time of the hearing in be published in the F ederal R egister, proceeding contain sufficient informa­ the discretion of the Board, within such prior to the convening of a prehearing tion, and the review by the Commission’s limits and on such conditions as may be conference in this matter on January 6, regulatory staff has been adequate, to fixed by the Board. Persons desiring to 1972. The time and place of the prehear­ support the findings proposed to be made make a limited appearance are requested ing conference will be set by the Board and to support, insofar as the Commis­ to inform the Secretary of the Commis­ and notice thereof will be published in sion’s licensing requirements under the sion, U.S. Atomic Energy Commission, the F ederal R egister. Act are concerned, the construction per­ Washington, D.C. 20545, not later than The date and place of the hearing will mits proposed to be issued by the Direc­ thirty (30) days from the date of publi­ be set at or after the prehearing confer­ tor of Regulation. cation of this notice in the F ederal R eg­ ence. 3h setting such date due regard In the event that this proceeding be­ ister. Any person whose interest may be shall be had for the convenience and comes a contested proceeding, the Board affected by the proceeding, who does not necessity of the parties or their repre­ will consider and initially decide, as the wish to make a limited appearance and sentatives, as well as of the Board mem­ issues in this proceeding, Item Nos. 1 who wishes to participate as a party in bers. Notice as to thé date and place of through 4 above as a basis for deter­ the proceeding must file a petition for the hearing will be published in the F ed­ mining whether construction permits leave to intervene. eral R egister. should be issued to the applicant. Petitions for leave to intervene, pur­ Upon completion of a favorable Safety The Commission has recently issued suant to the provisions of 10 CFR 2.714 Evaluation of the application by the AEC revised regulations for the implementa­ of the Commission’s rules of practice, regulatory staff, the Director of Regula­ tion in its licensing proceedings of the must be received in the Office of the tion will consider making affirmative National Environmental Policy Act of Secretary of the Commission, U.S. findings on Items Nos. 1-3 and a negative 1969 in Appendix D to 10 CFR Part 50. Atomic Energy Commission, Washington, finding on Item 4 specified below as a The instant proceeding is covered by D.C. 20545, Attention: Chief, Public Pro­ basis for the issuance of construction section D.l of said Appendix D. (A draft ceedings Branch, or the Commission’s permits to the applicant. detailed statement of environmental Public Document Room, 1717 H Street 1. Whether in accordance with the considerations has been circulated prior NW., Washington, DC, not later than provision of 10 CFR 50.35 (a) to the effective date of revised Appendix (a) The applicant has described the thirty (30) days from the date of publi­ D but the requirements of section A.l cation of this notice in the F ederal proposed design of the facilities includ­ through 9 of that Appendix D have not ing, but not limited to, the principal R egister. The petition shall set forth the yet been completed for this application.) interest of the petitioner in the proceed­ architectural and engineering criteria for In accordance with the provisions of the design, and has identified the major section D.l, the Board will proceed ex­ ing, how that interest may be affected features or components incorporated by Commission action, and the conten­ peditiously with consideration of the tions of the petitioner in reasonably spe­ herein for the protection of the health matters encompassed by items 1-4 above, and safety of the public; pending compliance with the require­ cific detail. A petition which sets forth (b) Such further technical or design ments specified in said Appendix D. The contentions relating only to matters out­ Information as may be required to com­ Commission will give further public side the Commission’s jurisdiction will plete the safety analysis and which can notice regarding hearing consideration be denied. A petition for leave to inter­ reasonably be left for later consideration, herein of matters covered by said Ap­ vene which is not timely will be denied will be supplied in the final safety anal­ pendix D. unless, in accordance with 10 CFR 2.714, ysis report; As they become available, the appli­ the petitioner shows good cause for fail­ (o) Safety features or components, if cation, the proposed construction per­ ure to file it on time. any, which require research and develop­ mits, the applicant’s summary of the A person permitted to intervene be­ ment have been described by the appli­ application, the report of the Commis­ comes a party to the proceeding, and has cant and the applicant has identified, sion’s Advisory Committee on Reactor all the rights of the applicant and the and there will be conducted, a research Safeguards (ACRS), and the Safety regulatory staff to participate fully in and development program reasonably Evaluation by the Commission’s regu­ the conduct of the hearing. For example, designed to resolve any safety questions latory staff, the applicant’s Environment he may examine and cross-examine wit­ associated with such features or com­ Report, the Commission’s Detailed State­ nesses. A person permitted to make a ponents; and ment on Environmental Considerations, limited appearance does not become a (d) On the basis of the foregoing, and the transcripts of the prehearing party, but may state his position and there is reasonable assurance that (i) conference and of the hearing, will be raise questions which he would like to such safety questions will be satisfacto­ placed in the Commission’s Public Docu­ have answered to the extent that the rily resolved at or before the latest date ment Room, 1717 H Street NW., Wash­ questions are within the scope of the stated in the application and completion ington, DC, where they will be available hearing as specified in the issues set put of construction of the proposed facilities, for inspection by members of the public. above. A member of the public does not and (ii) taking into consideration the Copies of those documents will be sent have the right to participate unless he site criteria contained in 10 CFR 100, the to the Trenton Free Public Library, 120 has been granted the right to intervene proposed facilties can be constructed and Academy Street, Trenton, NJ 08608, for as a party or the right of limited operated at the proposed location with­ inspection by members or the public dur­ appearance. out undue risk to the health and safety ing regular business hours. Copies of the An answer to this notice, pursuant to of the public. proposed construction permits, the the provisions of 10 CFR 2.705 of the 2. Whether the applicant is techni­ ACRS report, the regulatory staff’s Commission’s rules of practice, must be cally qualified to design and construct Safety Evaluation, and the Commission’s filed by the applicant not later than the proposed facilities; Detailed Statement on Environmental twenty (20) days from the date of pub­ 3. Whether the applicant is financially Considerations may be obtained, when lication of this notice in the F ederal qualified to design and construct the pro­ available, by request to the Director of R egister. Papers required to be filed in posed facilities; and the Division of Reactor Licensing, U.S. this proceeding may be filed by mail or 4. Whether the issuance of permits Atomic Energy Commission, Washing­ telegram addressed to the Secretary of for construction of the facilities will be ton, D.C. 20545. the Commission, U.S. Atomic Energy inimical to the common defense and Any person who wishes to make an oral Commission, Washington, D.C. 20545, security or to the health and safety of or written statement in this proceeding Attention; Chief, Public Proceedings the public. setting forth his position on the issues Branch, or may be filed by delivery to In the event that this proceeding is specified, but who does not wish to file the Commission’s Public Document not a contested proceeding, as defined by a petition for leave to intervene, may Room, 1717 H Street NW., Washington, 10 CFR 2.4 of the Commission’s rules request permission to make a limited DC. of practice, the Board will, without con­ appearance pursuant to the provisions Pending further order of the Board, ducting a de novo evaluation of the ap­ of 10 CFR 2.715 of the Commission’s rules parties are required to file, pursuant to plication, consider the issues of whether of practice. Limited appearances will be the provisions of 10 CFR 2.708 of the

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23268 NOTICES Commission's rules of practice, an origi- necticut Ave .ue NW., Washington, DC, contemplated that the AMTRAK super­ nal and 20 conformed copies of each before Examiner Milton H. Shapiro. visory/training personnel will be ob­ such paper with the Commission. In order to facilitate the conduct of servers on certain of the flights. While With respect to this proceeding, the the conference parties are instructed to on these flights the students will travel Commission has delegated to the Atomic submit to the Examiner and other par­ as on-board trainees and will observe Safety and Licensing Appeal Board the ties (1) proposed statements of issues; and assist with passenger-handling re­ authority and the review function which (2) proposed stipulations; (3) requests sponsibilities. Students will return to the would otherwise be exercised and per­ for information; (4) statement of posi­ Continental T raining Center in Los An­ formed by the Commission. tions of parties; and (5) proposed proce­ geles immediately following the outbound The Commission has established the dural dates. The Bureau of Operating flight from Los Angeles on the next regu­ Appeal Board pursuant to 10 CFR 2.785 Rights will circulate its material on or larly scheduled Continental flight. Con­ of the Commission’s rules of practice, and before December 23, 1971, and the other tinental’s exemption request relates cnly has made the delegation pursuant to parties on or before January 6,1972. The to the transportation of the trainees and paragraph (a) (1) of this section. The submissions of the other parties shall the supervisory/training personnel on Appeal Board is composed of Algie A. be limited to points on which they differ these flights, which will serve as train­ Wells, Esq., and Dr. John Buck, with a with the Bureau of Operating Rights. ing flights for them. The use of such third member to be designated by the flights is solely for the purpose of Dated at Washington, D.C., Decem­ training. Commission. ber 1, 1971. Previous notices published in the F ed­ We have concluded that the requested eral R egister (on February 25, March 4, [seal] R alph L. Wiser, exemption is warranted by the public 11, 18, and September 4, 1971) afforded Chief Examiner. interest in the unusual circumstances (a) an opportunity for any person wish­ [FR Doc.71-17848 Filed 12-0-71;8:50 am] described. Congress has found that ef­ ing to have his views on the antitrust ficient intercity railroad passenger serv­ aspects of the application presented to ice is a necessary part of a balanced the Attorney General for consideration [Docket No. 24013; Order 71-12-13] transportation system. The training to be: provided by Continental is of limited W submit such views and (b) for any CONTINENTAL AIR LINES, INC. person whose interest may be affected to extent, will promote the Congressional Order Granting Exemption policy, and is in the public interest. request a hearing on the antitrust aspects The Board finds that the enforcement of the application. No such views or re­ Adopted by the Civil Aeronautics of section 403 of the Act under the cir­ quests for hearing were received. Board at its offices in Washington, D.C., cumstances here involved would be an Dated at Germantown, Md.f this 3d on the 2d day of December 1971. undue burden upon Continental because day of December 1971. By application filed November 24, of the limited extent of, and the unusual 1971, Continental Air Lines, Inc. (Con­ circumstances affecting, such operation United States Atomic tinental) , requests an exemption pursu­ Energy Commission, and would not be in the public interest. ant to section 416(b) of the Federal Accordingly, pursuant to the Federal W. B. M cCool, Aviation Act of 1958 to permit Con­ Secretary of the Commission. Aviation Act of 1958, and particularly tinental to provide free transportation to section 416(b) thereof, [FR Doc.71-17932 Filed 12-0-71; 8:51 am] two groups of AMTRAK1 passenger It is ordered, That: service representatives and passenger Continental Air Lines, Inc., is hereby service supervisory training personnel on exempted from section 403 of the Act regularly scheduled flights between Los and Part 221 of the economic regulations CIVIL AERONAUTICS BOARD Angeles and various on-line points in insofar as necessary to permit it to pro­ [Docket No. 23105J conjunction with a training program vide the transportation described in its conducted by Continental for AMTRAK. application in Docket 24013. AIR CAICOS LTD. In support of its application Con­ This order will be published in the Notice of Hearing tinental states that it has entered into a contract with AMTRAK to train two F ederal R egister. Notice is hereby given pursuant to the groups of its passenger-handling per- By the Civil Aeronautics Board. request of Air Caicos Limited that the sonnel who will serve on board AMTRAK hearing in the above-entitled proceed­ trains in much the same fashion as Con­ [seal! H arry J. Zink, ing presently scheduled for December 7, tinental's hostesses do on Continental Secretary. 1971, is hereby postponed to 10 am., flights. Under the terms of the contract [FR Doc.71-17849 Filed 12-6-71;8:51 am] local time, January 17, 1972, in Room the training will be conducted at the 503, Universal Building, 1825 Connecti­ Continental Training Center in Los An­ [Docket No. 23480; Order 71-12-10] cut Avenue NW., Washington, DC, be­ geles. There will "be two classes of ap­ fore Exam iner Joseph L. Fitzmaurice. proximately 25 students each and two INTERNATIONAL AIR TRANSPORT The date for exchange of exhibits is AMTRAK supervisory/training person­ ASSOCIATION postponed to January 7,1972. nel. The first class will be conducted for a 2-week period beginning November 29, Order Regarding Fare Matters Dated at Washington, D.C., Decem­ 1971, and the second for a 2-week period ber 1,1971. beginning January 10, 1972. Training Adopted by the Civil Aeronautics flights would come at the end of the first Board at its office in Washington, DC., [ seal] R alph L. Wiser, on the 2d day of December 1971. Chief Examiner. week of the courses—on December 4—5, 1971, for the first and January 15-16, There have been filed with the Board, [FR Doc.71,—17847 Filed 12-6-71;8:50 am] 1972, for the second. pursuant to section 412(a) of the Federal Under the terms of the contract, dur­ Aviation Act of 1958 (the Act) and Part 261 of the Board’s economic regulations, [Docket No. 23267] ing the course of the program the stu­ dents will take part in observation and agreements between various air carriers, AIRLINES INDUSTRIAL RELATIONS training while aboard regularly sched­ foreign air carriers* and other carriers, CONFERENCE uled passenger flights of Continental op­ embodied in the resolutions of the erated between Los Angeles and cities Traffic Conferences of the International Notice of Prehearing Conference served by Continental. In addition, it is Air Transport Association (IATA), and nf maafinero IT) M liUlli. Plft»» Notice is hereby given that a prehear­ in the fall of 1971. ing conference in the above-entitled 1 AMTRAK is the National Railroad Passen­ The agreements, among other things, matter is assigned to be held on Janu­ ger Carp, created by Congress (Rail Pass­ embrace fare resolutions to apply on ary 18, 1972, at 10 a.m., local time, in enger Service Act of 1970, Public Law 91— North/Central Pacific routes effective Room 726, Universal Building, 1825 Con­ 518).

FEDERAL REGISTER, VOL. 36, NO. 234—TUESDAY, DECEMBER 7, 1971 NOTICES 23269 February 1, 1972,1 and on South Pacific the fares were generally revalidated at [Docket No. 20754; Order 71-12-1] and Western Hemisphere routes effec­ present levels subject to some technical tive April 1 and April 16, 1972, respec­ adjustments. In addition to establishing NORTH CENTRAL AIRLINES, INC. tively. The attached tableu sets forth new short-limit group inclusive tour Order To Show Cause a comparison of selected proposed fares fares between the United States and with the current fare structure in the Mexico, the Caribbean, and Central Adopted by the Civil Aeronautics principal areas. America, the agreements amend the Board at its office in Washington, D.C., Based on West Coast-Tokyo, the pro­ existing group inclusive tour fares by on the 1st day of December 1971. posed fares provide for increases, in a generally liberalizing the conditions on By petition in Docket 20754, North majority of the fares, ranging from $30 the use of these fares such as minimum Central Airlines, Inc. (North Central), to $40. Group inclusive tour fares and group size, duration of travel, stopover requested that the Board issue an order the affinity fare for a group of 70 passen­ privileges, and the minimum price for to show cause why its certificate of pub­ gers are proposed to be reduced, with ground accommodations. lic convenience and necessity for route reductions ranging from $30 to $75. It It has been the Board’s policy when­ 86 should not be amended so as to con­ would appear that the increases in fares ever possible to act on IATA fare agree­ solidate service to Land O’Lakes and to Japan are attributable to the prob­ ments submitted for its approval prior Rhinelander, Wis., with service to be lems associated with revaluation of the to the intended effective dates thereof. provided through the Rhinelander air­ Japanese currency and new en route The Board’s ability to do so, however, is port. By Order 69-5-139, dated May 29, facility costs which apply to all opera­ contingent upon the prompt filing by the 1969, the Board denied without prejudice tions involving Japan. To points other affected U.S. carriers of the appropriate the requested certificate amendment but than Japan, the fares remain essentially supporting documentation which re­ authorized North Central to temporarily at status quo; however, reductions of $50 mains incomplete at present. Consistent suspend its seasonal service (June 1 in the basic season group inclusive tour with the Board Order 71-11-97, dated through September 30) at Land O’Lakes fares and affinity fares for groups of 70 November 24, 1971, which revokes prior for 3 years, conditioned on the continua­ or more are established. Other pertinent Board orders* stabilizing fares, rates, tion of substitute air taxi service. On changes over the North/Central Pacific and charges for passengers and property, May 7, 1971, North Central renewed its relate to the conditions attached to use submissions by the carriers should in­ petition for an order to show cause.1 of the group inclusive tour fare which clude a statement as to whether the No answers to North Central’s petition provide for an extension of travel Price Commission has been informed of have been filecl. validity of from 30 to 35 days, a reduc­ the proposed increases and the basis it is Upon consideration of North Central’s tion to $200 in the minimum tour price,* contended that the increases are within request and other relevant facts, we have and a reduction in the minimum num­ the stabilization guidelines. decided to issue an order to show cause ber of passengers (from 15 to 10) during Since the agreements may contain con­ proposing to grant the requested the off season. In addition, new short troversial elements and are intended to consolidation. limit tours of 7 days to Hawaii and become effective in a relatively short We tentatively find and conclude that Alaska are proposed and CBIT fares will period of time, the Board believes it the public convenience and necessity be retained for Japanese originating desirable to establish a schedule for re­ require the amendment of North Cen­ passengers. ceipt of comments and replies thereto. tral’s route 86 so as to consolidate serv­ First-class and economy fares between For those agreements to become effec­ ice to Land O’Lakes and Rhinelander, the West Coast and points in the South tive on January 1,1972, and February 1, Wis., with service to be provided through Pacific are proposed to be increased by 1972, concerning fares over the North/ the Rhinelander airport. In support of 4 and 4.7 percent, respectively, with the Central Pacific, comments will be re­ our ultimate conclusion, we tentatively exception of fares to Papeete which re­ ceived no later than December 15, 1971, find and conclude as follows: main at status quo. All excursion fares and for those agreements scheduled to The proposed hyphenation should add are increased by approximately 4 per­ become effective April t, 1972, and to the economy of North Central’s op­ cent. A new resolution establishing low April 16, 1972, concerning fares in the erations. Since the Land O’Lakes airport group fares has been submitted which South Pacific and the Western Hemi­ will not accommodate North Central’s will replace the existing group-fare reso­ sphere, comments will be received by Convair 580 or DC-9 aircraft, the car­ lution. This new resolution provides for January 14,1972. rier would have to acquire or lease a round-trip fare between the West Coast Accordingly, it is ordered, That: small twin-engine aircraft to reinstitute and Sydney of $585 (compared with $706 Comments shall be submitted by inter­ service. North Central estimates— presently in effect) and is available to ested persons in accordance with the fol­ which estimate we find reasonable—that affinity groups of 25 passengers (15 as lowing schedule: the operation of a two-daily round-trip Land O’Lakes-Rhinelander service, with presently constituted) with stopovers For resolutions to be effective on January 1, limited to two in addition to the point 1972, and February 1, 1972—December 15, small aircraft, during the 4-month sea­ of turnaround. An additional resolution 1971. sonal period, would incur a $53,000 an­ would establish a group inclusive tour For resolutions to be effective on April 1, nual operating loss. We further tenta­ fare to and from most points in the South 1972, and April 16, 1972—January 14, 1972. tively find that the proposed hypenation Pacific for groups of 15 or more passen­ will not unduly inconvenience the pub­ gers for travel 14 through 35 days at $585 Replies to comments shall be submitted lic. In the last year of certificated serv­ between Los Angeles and Sydney plus a as follows: ice, Land O’Lakes enplaned only about minimum tour price of $140 for the mini­ For resolutions to be effective on January 1, eight passengers a day. With the deletion mum stay period and $10 per day there­ 1972, and February 1, 1972—December 29, of North Central, these passengers will after. Two stopovers are permitted plus 1971. have access to North Central’s service at the point of turnaround. For resolutions to be effective on April 1 , Rhinelander, 50 miles south.* Scheduled Long-haul fares in the Western Hemis­ 1972, and April 16, 1972—January 28, 1972. air taxi service between Land O’Lakes phere remain generally at status quo and Rhinelander has been provided din­ This order will be published in the ing the summer sessions since 1969 and with the exception of first-class and F ederal R egister. Land O’Lakes Flying Service has indi­ economy fares which are generally in­ By the Civil Aeronautics Board. cated that it will continue to provide the creased 4 percent and 1 percent each, service. Land O’Lakes did not file an ob­ respectively. In the short-haul markets, [seal] H arry J. Zin k , jection to the renewed petition of North Secretary. 1By Order 71-6-80, dated June 15, 1971, ^Effectiveness for certain off-peak fares is the Board granted a concurrent request for proposed for Jan. 1,1972. [FR Doc.71-17851 Filed 12-6-71;8:51 am] modification of the suspension authority. la Filed as part of the original document. 3 In addition to the services of Land O’Lakes * Presently the total tour package must Flying Service, area passengers have sched­ *71-8-78, 8/17/71; 71-9-51, 9/13/71; 71- uled air taxi service avaUable at Eagle River, equal the normal economy fare. 10-121, 10/27/71,and 71-11-36, 11/10/71. Wis., 18 miles south.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23270 NOTICES

Central for a certificate amendment the lake about 5b miles south of Platts­ burgh. Comments made by USDA; AEC, through show cause procedures. m e n on DOI, HUD, DOT, and N.Y..Office.oLParka Interested persons will he given 20 dá,ys and .Recreation. (ELR Order No. 1228, 35 following service of this order to show pages) (NTIS. Order No. PB-204 256-F) cause why the tentative findings and ENVIRONMENTAL QUALITY ENVIRONMENTAL IMPACT. Final, November 22 conclusions set forth herein should not Buffalo Creek Channel improvement proj­ be made final. We* expect such persons STATEMENTS ect, Meadow Grove, Nebr. Enlarging’ and to support their objections, if any, with straightening 5,700 feet of natural chan­ detailed answers; specifically setting Notice of Public. Availability nel, to provide, flood protection to village forth the findings and conclusions to Environmental impact statements re­ of. Meadow Grove. Comments made by which objection is taken. .Such objec­ USD A, EPA, DOI, Nebraska. Game and ceived by the Council on Environmental Parks Commission, Nebraska- Wildlife tions should be accompanied by argu­ Quality November 22—November 26,1971. Federation, Village of Meadow Grove, and ments of fact or law and should be No t e : At the head of the listing of state­ Chicago and Northwestern Railway Co. supported by legal precedent or detailed ments received from’each agency is the name (ELR Order No. 1259, 27 pages) (NTIS economic analysis. If an evidentiary of. an individual who can answer questions Order No. PB-202 081-F) hearing is requested, the objector should regarding those statements. Loup' River- flood control project, Colum­ state in detail why such a hearing is D epartm ent o p Agriculture bus, Nébr. Construction of a 28,480-foot levee averaging 8-toot height along the considered necessary and what relevant Contact: Dr. T. C. Byerly, Office of the Sec­ and material facts he would expect to es­ left bank. Comments < made by USDA, retary,* Washington, D.C. 20250, (202) HEW, DOI, four State agencies, the Gbv- tablish through such a hearing. Gen­ 388=-7803. eral, vague, or unsupported objections nor, and the Mayor of Columbus. (ELR FOREST SERVICE Order No. 1260, 31 pages) (NTIS: Order will not be entertained. NO. PB—200 769—F) Accordingly, it is ordered, That: Draft, November 22 1. All interested persons are directed PH—12, Rio las Vactas-Señorita Section, G eneral Services Administration to show cause why the Board should Santa Pe National Forest, Sandoval Contact: Rod Kreger, Deputy Administrator; not issue an order making final the ten­ County, N. Mex. Upgrading 15-mile por­ tion of dirt and gravel road to a paved General Services Administration-AD; tative findings and conclusions stated road. Involves loss of estimated maxi­ Washington, DC 20405, (202) 343-6077. herein, and amending North Central Air­ mum of 85 acres of productive forest Alternate Contact: Aaron Woloshin, Director, lines, Inc.’s certificate of public conven­ land. (ELR Order No. 1250, 14 pages) Office of Environmental Affairs, General ience and necessity for route 86 so as (NTIS Order No. PR-204 377-D) Services Administratlon-AD, (202) 343- to consolidate the separate points Land 4161. O’Lakes and Rhinelander, Wis., as a SOIL CONSERVATION SERVICE Final, November 19 single point, with service to be provided Final, November 15, 1970 Disposal of the Niagara Falls Army Chemi­ through the Rhinelander airport; cals Plant, Niagara Falls, N.Y., by com­ Red Lick Creek Watershed, Ky. Accelera­ petitive bidding. Plant consists of. 37 2. Any interested persons having ob­ tion of land treatment program and in­ buildings and 5.7 acres. Comments made jections to the issuance of an order mak­ stallation of tour floodwater retarding by Army COE, EPA, DOI, New York De­ ing final the proposed findings, conclu­ structures and one multiple purpose structure. Will inundate 6 miles of in­ partment of Environmental Conserva­ sions, or certificate amendment set forth term ittent stream channels, involve 244 tion, and Erie and Niagara Counties Re­ herein shall, within 20 days after service acres of land in sediment pools and gional Planning Board. (ELR Order No. of a copy of this order, file with the necessitate relocation of 10 families. 1237, 19 pages) (NTIS Order No. PB-200 Board and serve upon all parties to this Comments made by Army, HEW, DOI, 395-F) proceeding a statement of objections to­ and Appalachian Regional Commission. D epartm ent o f H ea lth , E ducation, gether with a summary of testimony, sta­ (ELR Order No. 1230, 14 pages) (NTIS and W elfare tistical data, and other evidence expected Order No. PB-204 255-F) to be relied upon to support the stated Contact: Robert Lanza, Office of the Assistant D epartment o f Defen se Secretary tor Health & Scientific Affairs, objections;8 Room 4062 HEWN, Washington, D.C. 3. If timely and properly supported ob­ DEPARTMENT OF ARMY 20202, (202) 962-2241. jections are filed, full consideration will Corps of Engineers be accorded the matters or issues raised Final, November 24 by the objections before further action Contact: Francis X. Kelly, Assistant for Con­ Indian Health Service Hospital. Tuba City, servation Liaison, Public Affairs Office, Ariz. Construction, of 125-bed hospital is taken by the Board; adjacent to existing hospital to provide 4. In the event no objections are filed, Office, Chief of Engineers, 1000 Independ­ ence Avenue SW., Washington, DC 20314, a comprehensive health program for all further procedural steps will be (202) 693-6329. 16,000 Navajo and Hopi Indians. Com­ deemed to have been waived and the ments made by DOC, DOD, EPA, HUD, Board may proceed to enter an order in Draft, November 17 DOI, and Arizona Department of Eco­ accordance with the tentative findings Supervision of the Harbor Permit Program nomic Planning and Development, (ELR and conclusions set forth herein; for Waste Disposal in the Atlantic Ocean, Order No. 1267, 40 pages) (NTIS Order New York. Continuation of issuance of No. PB-200 199—F) 5. A copy of this order shall be served permits for disposal of various types of upon North Central Airlines, Inc.; wastes at designated dumping grounds in Departm ent o f H o using and U rban Mayor, city of Rhinelander, Chairman, Outer New York Harbor. Contributes to Developm ent Board of Supervisors, town of Land pollution problems of New York Bight O’Lakes; and Governor, State of (over 13.5 million cubic yards disposed of ' Contact: Richard H. Broun, Director, En­ in fiscal year 1970).. (ELR Order No. 1225, vironmental and Land Use Planning Di­ Wisconsin; and 32 pages) (NTIS Order No. PB-204 vision, Washington, DC 20410, (202) 755- 6. This order may be amended or re­ 264-D) 6186. voked at any time in the discretion of Draft, November 18 Final, November 19 the Board without a hearing. Crescent City Harbor Navigation Project, New Community of Riverton; Monroe This order will be published in the Del Norte County, Calif. Construction of County, N.Y. Commitment to guarantee F ederal R egister. a T-shaped basin from deepwater, 20 up to $12 million for development over feet deep, 1,500 feet long, with a stem 16 years of 2,350 acres, with planned ul­ By the Civil Aeronautics Board. 1,000 feet long, extending 325 feet north timate population of about 25,600 resi­ [seal] H arry J. Zin k , of Citizens’ Dock and a 400-foot exten­ dents in 8,010 dwelling units; 170 acres Secretary. sion of the inner harbor breakwater. of commercial and community space will (ELR Order No. 1251, 32 pages) (NTIS be provided. Comments made by USDA, [PR Doc.71-17850 Piled 12-6-71;8:50 am] Order No. PB-204 380-D) AEC, FPC, GSA, HEW, DOI, DOT, New York Department of Environmental Con­ «All motions and/or petitions tor recon­ Final, November 19 servation and Genesee Finger Lakes sideration shall be filed within the period Valcour Harbor, Lake Champlain, N.Y. Con- ' Regional Planning Board, (ELR- Order allowed for filing objections and no further struction of a 700-foot long rubble- such motions, requests or petitions tor recon­ mound offshore breakwater to protect a No.- 1271, 123 pages) (NTIS Order No. sideration of this order will be entertained. 15.1-acre basin tor recreational craft on PB-201 391—F)

FEDERAL REGISTER, V O L 36, NO. 234— TUESDAY, DECEMBER 7, 1971 NOTICES 23271A

D epartm ent o f T ransportation South. Use of Maximo Park land requires is similar to the protests from each of the 4(f) determination. State job 15190-3422, Contact: Martin Convisser,1 Director, Office Governors of the above-named States. Federal job 1-75-7(42 ) 448. (ELR Order In view of the foregoing, the Commis­ of Program Co-ordination, 400 Seven.tJa No. 1242, 66 pages) (NTIS Order No. PB- Street SW., Washington, DC 20500, (202) 204 376-D) sion believes that a supplemental order 462-4357. Draft, November 18 should be issued to include the issues FEDERAL AVIATION AD MINISTATION US-250: Philippi, Barbour County, W. Va. raised by the Governor of the State of Construction of 4-lane bridge over Tygart Maryland in the proceeding. Draft, November 18 Valley River and relocation of US-250 Now, therefore, it is ordered, That pur­ Rockingham County Airport, N.C. Con­ beginning on US-119 to a point near struction of runway, taxiway, apron, and suant to sections 15 and 22 of the Ship­ Anglin Street, a length of 1.2 miles. Will ping Act, 1916, the Conferences and their lighting system with a VASI installed at involve acquisition of 43 homes, seven each end oi the runway. (EL® Order No. businesses and one church. Project F-117 member lines as shown in Appendix “A” 1236, 18 pages) (NTIS Order No. FR-204 (12). (ELR Order No. 1243, 34 pages) to the Order of Investigation served No­ 259— D) (NTIS Order No. PB-204 381-D) vember 19, 1971, be named respondents FEDERAL HIGHWAY ADMINISTRATION Draft, November 19 in this proceeding and that this pro­ SB 619: (State Street) Barberton, Summit ceeding is enlarged to include an investi­ Draft, November 16 County, Ohio. Construction of grade gation to determine whether the Con­ SR-101: Thurston County, Wash. Con­ separation over railroad tracks beginning ferences’ concerted action in publishing struction of interchange west of Mott- near Highland Avenue and ending 0.56 m j i . n Road intersection to replace and mile northwest along State Street. Will the subject rules and charges is in viola­ permit closure of that intersection and displace 17 families and three businesses. tion of section 205, Merchant Marine Act, the on-ramp near Ninth Avenue SB-101 Project US-385 (7), SUM-619-0.63. (ELR 1936, and section 15, Shipping Act, 1916, runs along corporate limits of Olympia Order No. 1248, 10 pages) (NTIS Order by preventing carrier members of such end Tumwater. (ELR Order No. 1224, 9 No. PB-204 378-D) Conferences from serving the Port of pages) (NTIS Order No. PB-204 258-D) Tudor and Muldoon Roads: Anchorage, Baltimore, at the same rates and charges Draft, November 11 Alaska. Upgrading .to four-lane, two-way County State Aid Highways 24 and 45: which such carrier members charge at facility from Junction of Seward High­ the nearest port already regularly served Courtland, Minn. Construction of a way and Tudor Road, east on Tudor Road bridge, construction of roadway em­ and north on Muldoon Road to Glenn by them; whether the subject rules will bankment and rerouting of Minnesota Highway, a distance of 7.2 miles. Project subject the State of Maryland and its River channel between Courtland and F-044-1 (5) and (6). (ELR Order No. products moving in foreign commerce, as SH-68. State Project Nos. SP 07-645-03, 1249, 22 pages) (NTIS Order No. PB-204 well as cargo normally moving in foreign SP 52-624-03, ER 71(38), and bridge No. 379—D) commerce via their ports, to undue and 52504. (El® Order No. 1227, 24 pages) Final, November 15 unreasonable prejudice in violation of (NTIS Order No. PB-204 265-D) 1-670: Kansas City, Mo. Construction of Draft, November 16 section 16 of the Shipping Act, 1916; 0.9 mile of six-lane freeway, mainly ele­ whether the subject rules will result in US-30: Benton and Linn Counties, Iowa. vated, from intersection of 1-29 and 35 to Construction of 14.4 miles of expressway 1-670 in Kansas. Will require 1.1 acres of the assessment of charges that will be on relocation beginning near intersection West Terrace Park; 4(f) determination unjustly discriminatory and unfair as with US-218 and ending near future in­ attached. Comments made by USD A, between the Port of Baltimore and other terchange with Iowa 149. Will disturb ports in violation of sections 15 and 17 some wildlife habitat and displace one EPA, DOI, DOT, Missouri Department of family and one business. (El® Order No. Community Affairs, Metropolitan Plan­ of the Shipping Act, 1916; whether the 1232, 10 pages) (NTIS Order No. PB-204 ning Commission—Kansas City Region, subject charges at the Port of Baltimore 263—D) and Kansas City Board of Park and Rec­ will result in the establishment of unjust Draft, October 29 reation Commissioners. Job No. 4-1-670- and unreasonable regulations and prac­ Trunk Highway 52: Olmsted County, Minn. 46; Project I-IG-670-1 (52). (ELR Order tices relating to the handling of property New routing to provide bypass of South No. 1229, 25 pages) (NTIS Order No. PB-204 254-F) at such ports, moving in foreign com­ Rochester in three segments, one com­ merce, in violation of section 17 of the pleted and one under construction. Last segment runs from TH-63 Junction to T imothy Atkeson, Shipping Act, 1916; whether the subject county road Junction. Will require use General Counsel. charges will be unjustly discriminatory of 131 acres of agricultural land and will [FR Doc.71-17830 Filed 12-6-71;8:49 am] or unfair as between shippers, exporters sever 13 farmsteads from remaining and importers engaged in foreign com­ lands. Project S.P. 5507 (T.H. 52), P. merce via the Port of Baltimore and 020-1 ( ). (EL® Order No. 1233, 20 shippers, exporters and importers en­ pages) (NTIS Order No. PB-204 262-D) gaged in foreign commerce via other Draft, November 19 FEDERAL MARITIME COMMISSION ports, in violation of sections 15 and 17 CR-204: Lorain County, Ohio. Upgrading [Docket No. 71-88 (Supp. Order 1) ] of the Shipping Act, 1916; and whether to four lanes of 1 mile of road beginning the subject charges will divert cargo from near Griswold Road intersection and ASSOCIATED LATIN AMERICAN ending near Elyria Avenue. Will require the natural direction of its flow through taking of four residences and four busi­ FREIGHT CONFERENCES AND AS­ the Port of Baltimore in violation of sec­ ness places. Project SU 1484(1) (EL® SOCIATION OF WEST COAST tion 8 of the Merchant Marine Act, 1920; Order No. 1234, 6 pages) (NTIS Order STEAMSHIP COMPANIES It is further ordered, That, pursuant to No. PB-204 261—D) section 16 First of the Shipping Act, 1916, Route 208 Freeway: Bergen and Sussex Wharfage and Handling Charges; respondents are ordered to show cause Counties, N.J. Construction of 21.4 miles why the subject rules and charges should of freeway from Oakland Borough to New Order of Investigation York line. Will involve taking of 308 acres not be set aside for the reasons enumer­ of watershed and recreational lands, 101 On November 19, 1971, the Commis­ ated above as advanced in the protest of residences and three commercial struc­ sion issued an order (Docket No. 71-88) the Governor of the State of Maryland; tures. 4(f) determination required. (EL® to determine whether subject Confer­ It is further ordered, That the Gov­ Order No. 1235) (NTIS Order No. PB-204 ences’ concerted action in publishing the ernor of the State of Maryland is hereby 260— D) rules and charges at issue, is in violation named a party in this proceeding; Draft, November 17 of section 205, Merchant Marine Act, It is further ordered, That in all other 1-75 (SB-93): St. Petersburg, Pinellas 1936; section 8, Merchant Marine Act, respects the order of November 19, 1971, County, Fla. Construction of 2-mile 1920; and sections 15, 16, and 17 of the herein shall remain in full force and multilane highway and related facilities Shipping Act, 1916, as advanced in the beginning near Sunshine Skyway North effect. Toll Plaza and ending at 89th Avenue protests of the Governors of the States of New York, New Jersey, and Pennsylvania. By the Commission. 1 Mr. Convissero office will refer you to the Subsequently, on November 24, 1971, a [seal] F rancis C. H urney, regtemai office from which the statement protest has been received from the Secretary. originated. Governor of the State of Maryland which [FR Doc.71-17858 Filed 12-6-71; 8:51 am]

FEDERAL REGISTER, VQL. 36, NO. 234—TUESDAY, DECEMBER 7, 19/1 No. 235— — a 23272 NOTICES

CONSOLIDATED CARGO CORP. ET AL. Certificate Owner/operator Certificate Owner/operator No. and vessels No. and vessels Independent Ocean Freight 01421... Bibby Line, Ltd.: 05577... Far-Eastern Shipping Co.: Forwarder License Applicants Herefordshire. Moskalvo. Lincolnshire. Paramushir. Notice is hereby given that the follow­ 02041... Dal mor Przedsiebiorstwo Polowow Primorye. ' ing applicants have filed with the Fed­ Dalekomorskich 1 Uslug S pg - Anri Barbyus. eral Maritime Commission, applications Rybackioh: 05578__ Baltic Shipping Co. : for licenses as independent ocean freight M/T Saturn. Anatoly Lunacharskiy. forwarders pursuant to section 44(a) of 02242. Dal Deutsche Afrika -Linlen 05579— Black Sea Shipping Co.: the Shipping Act, 1916 (75 Stat. 522 and G.m.b.H, & Co.: Kosmonavt Yurij Gagarin. 46 U.S.C. 841(b)). Woermann Sanaga. Partizan Bonlvur. 02292.__ Pacific Marine Transport Co., Ltd.: Leninogorsk. Persons knowing of any reason why Hongkong Evergreen, Deputat Lutsky. any of the following applicants should Hongkong Friendship. Solnechnogorsk. not receive a license are requested to 02306.._ Erling H. Samuelsens Rederi A/S: Admiral Ushakov. communicate with the Director, Bureau Anita. Divnogorsk. of Certification and Licensing, Federal 02344._. Empresa Lineas Marítimas Argen­ Mednogorsk. Maritime Commission, Washington, D.C. tinas: Sidor Kovpak. Rio Parana. 05580— Kamchatka Shipping Co.: 20573. 02877... Nippon Tusen Kabushiki Kaisha Kozyrevsk. Consolidated Cargo Corp., 2511 Biscayne (The Japan Mail Steamship 05838— Kabushikl Kaisha Ichimaru: Boulevard, Miami, FL 33137. Co., Ltd.): Shoyu Maru No. 8. Officers: Tsuruga Maru. 06061— Siderurgica Sicula De Navigazione Mark R. Benson, President-Treasurer, Law­ 02912— R & W Marine, Inc.: S PA .: rence E. Benson, Sr., Vice President, Wal­ Phyllis. Golfo Di Palermo. lace N. Maer, Secretary. 02940... J. S. Gissel & Co.: 06183— Lefka Naviera, S.A.: Glen Ellyn Storage Carp., 384 Duane Street, LTC—30. Theodohos. Glen Ellyn, IL 60137. 02975— Venture Shipping (Managers), 06197— Toledo Compania Naviera S.A. Officers: Ltd.: Panama: David Hennicke, President, Elizabeth Hen- Eastern Venture. Lingestroom. nicke, Vice President, Charles Hennicke, 02977.._ J. Ray McDermott & Co., Inc.: 06198— De Soto Compania Naviera S.A. Secretary-Treasurer. LBR-104A. Panama: McDermott No. 161. Grebbestroom. Greyhound Van Lines International, Inc., 13 McDermott No. 162. 06257— Montauk Oil Transportation East Lake Street, Northlake, IL 60164. McDermott No. 163. Corp.: Officers: McDermott No. 164. Vito Cirillo. Robert L. Hall, Jr., President, Robert Mc­ 02980— Rederi A/S Mimer & A/S Norfart: Costantino. Clure, Vice President, Charles A. Porter, Anmaj. Cirillo Bros. 162. Assistant Secretary, James W. Healy, 03077— Bulk Food Cariers, Inc.: 06360— Garland Transports, Inc. : Comptroller, R. fr. Shaffer, President, Grey­ Mary Ormston. Garland. hound Carp., G. T. Christie, Secretary, 03137— The Cunard Steam-Ship Co., Ltd.: 06374— Daiei Maritime Co., Ltd.: Greyhound Carp. Lumen. M/V Ta Fong. Arrow World, Inc., 621 South Pickett Street, Luminetta. M/VTaFu. Alexandria, VA 22304. Lumiere. 06384— Mercury Shipping Co., Ltd. : Officer and Directors: 03171— Saint Maria Maritime Co., Ltd.: Mercury Bay. J. H. Sills, President-Director, R. M. White, St. Maria. Mercury Lake. Director, L. A. Scott, Director, Vivian B. 03483— Sankyo Kaiun Kabushiki Kaisha: 06385— Regency Transportation Co., Ltd.: Runfola, Director. Kyosei Maru. Oedros Regent. 03917— Mobil Shipping Co., Ltd.: 06386— Panbaloo Shipping Co. S/A Dated: December 2,1971. Mobil Pegasus. Panama: 04184._. M/G Transport Services, Inc.: Neotis. By the Commission. M/G 23. 06387__ Grand Betelgeuse, Inc.: F rancis C. Htjrney, M/G 24. Grand Betelgeuse. Secretary. M/G 25. 06390___ Enterprise Campania Naviera S.A.: 04289— Dixie Carriers, Inc.: Leste. [PR Doc.71-17859 Piled 12-6-71;8:50 am] DXE-231—DC. 06392— Sofamar-Sociedade De Fainas De DXE—232—DC. Mar E Rio S.A.R.L.: 04410— Tenneco Oil Co.: Rio Zaire. CERTIFICATES OF FINANCIAL Z-100. 06394— Naviera Iberimex, S.A.: RESPONSIBILITY (OIL POLLUTION) 04640— McAllister Lighterage Line, Inc.: Lau. McAllister No. 10. 06395— Kommanditfesellschaft Leonx Ge­ Notice of Certificates Issued 04674— Pescanova, S.A.: sellschaft Fur Schiffahrt U. Noguerosa. Aussenhandel MBG & Co. : Notice is hereby given that the fol­ 04933— The Re vilo Corp.: I. G. Nichelson. lowing vessel owners and/or operators Barge No. 6. Papenburg. have established evidence of financial 05273— Compañía Marítima Rio Gulf, 06396— Shetland Marine Panama S.A.: responsibility, with respect to the vessels SA: Al barosa. indicated, as required by section 11 (p) Munatones. 0g398__ The B. F. Goodrich Chemical Co. 05537__ Empresa Navegación Mamíbisa: a division of the B. F. Good­ (1) of the Federal Water Pollution Con­ M/V Ignacio Agramonte. trol Act, as amended, and, accordingly, rich Co.: 05575— J. Rich Steers, Inc.: BFGO 101. have been issued Federal Maritime Com­ S 101. BFGC 102. mission Certificates of Financial Re­ S 102. BFGC 103. sponsibility (Oil Pollution) pursuant to SE 103. BFGO 104. Part 542 of Title 46 CFR. SE 104. BFGC 105. Concrete Mixer No. 67. 06399__ Tokumaru Kaiun K. K.: Certificate Owner/operator Derrick Barge No. 1. No. and vessels Daitoku Maru No. 8. Derrick Barge No. 3. 06402__ Regina Shipping Carp.: 01014.._ Robert Bornhofen Reederei: Derrick Barge No. 4. Whirley Derrick No. 2. Maria Voyazides. Coronado. 06404__ Ichizan Kinkai Kisen K. K.: 01033.__ Britain Steamship Co., Ltd. : Whirley Derrick No. 5. Lancashire. Derrick Barge No. 6. Ichizanunzen. 01087.._ Dampskibsselskabet Torm A/S: Derrick Barge No. 7. 06405.__ Daito Kaiun Kabushike Kaisha: Gerd. Whirley Derrick No. 8. Kensan Maru. 01255... Skjelbreds Rederi A/S, Kristian­ Whirley Derrick No. 9. 06408__ Thalasslos Flau toe Shipping Go. sand S: Whirley Derrick No. 10. S.A. Panama: M/S Nartrans Vision. A. Frame Derrick No. 11. Niriis.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 NOTICES 23273 Certificate Owner/operator Leading Forwarders, Inc. (Leading), device or means obtained or attempted No. and vessels acted as the customhouse broker for the to obtain transportation by water for 06409— India Steamship Go., Ltd.: inbound shipments to Equality. Leading property at less than the rates or charges Indian Splendour. Forwarders, Inc., is a licensed ocean which would otherwise be applicable. Indian Trust. freight forwarder holding FMC License It is further ordered, That it be deter­ Indian Triumph.. No. 437. The Commission is continu­ mined whether, because of the alleged Indian Strength. activities of Respondent, Leading For­ Indian Splendour. ously concerned with any and all activi­ Indian Tradition. ties of a licensed ocean freight forwarder warders, Inc., said Respondent continues Indian Security. which may detract from its fitness, will­ to qualify to be licensed as an ocean Indian Tribune. ingness, and/or ability to carry on the freight forwarder or whether its license 06412— Yokkalchi Enyo Gyogyo Kabushlkl business of forwarding as required by the should be revoked or suspended pursu­ Kaisha : Shipping Act. If a customhouse broker ant to section 44 of the Shipping Act, Sankaku Maru. were found to have acted illegally on 1916 and §§510.9 (a) and (e) of the 06413__ Nanayo Klsen Kabushlkl Kaisha: behalf of import clients it may not be Commission’s rules of practice and pro­ Daishowa Maru. 06414— Taygetos Shipping Go. S.A.: “fit” to assume the fiduciary responsi­ cedure, 46 CFR 510.9. Agenor. bilities required of a freight forwarder. It is further ordered, That Equality 06418— Caroslni Dott. Giovanni: The firm handled various documents Plastics, Inc., and Leading Forwarders, Capo Miseno. which properly identified the commodi­ Inc., be made respondents in this pro­ 06426— Bernuth Tankers, Inc.: * ties, and in at least three instances paid ceeding and that the matter be assigned, Jeane Hancock. the ocean freight charges for Equality. for hearing before an Examiner of the 06427__ Josefina Shipping Corp. S.A. Commission’s Office of Hearing Exam­ Panama: Section 16 of the Shipping Act of 1916 Koket. provides in part: “That it shall be un­ iners at a date and place to be announced 06428— Tuna Societa Per La Pesca lawful for any shipper, consignor, con­ by the Presiding Examiner. Ocenaica S.PJL signee, forwarder, broker, or other per­ It is further ordered, That notice of Tuna Prima. son or other officer, agent, or employee this order be published in the F e d e r a l 06431— Toda Klsen Kabushlkl Kaisha: thereof, knowingly mid willfully, di­ R e g is t e r and a copy thereof and notice Osha Maru. rectly or indirectly, by means of false of hearing be served upon respondents. 06444__ Stonehaven Tankers, Ltd.: billing, false classification, false weigh­ It is further ordered, That any person, Stonehaven. other than respondents, who desire to be­ 06445__ Alchiba Shipping Carp., Monrovia: ing, false report of weight, or by any Alchiba. other unjust or unfair device or means come a party to this proceeding and to 06446— Nike International Ooean Go. S.A.: to obtain or attempt to obtain transpor­ participate therein shall file a petition to Nike 1. tation by water for property at less than intervene with the Secretary, Federal 06447__ Twopark Shipping Co., Ltd.: the rates or charges which would other­ Maritime Commission, Washington, D.C. TroU Lake. wise be applicable.” 20573 with copies to respondents. 06448— Campeón Navegación S.A.: Therefore it is ordered, Pursuant to It is further ordered, That all future Taxiarchis. notices issued by or on behalf of the Com­ 06449— A/S Dione: section 22 of the Shipping Act, 1916, that Diskos. a proceeding is hereby instituted to de­ mission in this proceeding, including no­ Dianet. termine whether Equality Plastics, Inc„ tice of time and place of hearing or pre- Dinar. and/or Leading Forwarders, Inc., vio­ hearing conference, shall be mailed di­ Dimona. lated section 16 of the Shipping Act, 1916, rectly to all parties of record. Diagar a. by knowingly and willfully, directly or 06450— Hoover Shipping Co., Inc.: By the Commission. Anna Trader. indirectly, by means of false classifica­ [ s e a l ] F r a n c is C . H u r n e y , By The Commission. tion, or by any other unjust or unfair Secretary. F rancis C. H urney, Secretary. Bill of Lading D ate U nit Declared R ate Actual items R ate A ttem pted Nos. description shipped [FR Doc.71-17860 F led 12-6-71;8:50 am] savings 955-453374___ Ang. 11,1969 170 cartons. Plastic toys__ 34.75/40 Battery oper- 51.50/40 290.20 cu. ft. ated mixers. cu. f t [Docket No. 71-94] 955-453375..,. — .do....;... . . — do. ; . _ , ^ 955-453788 Ang. 31,1969 225 cartons. „ .d o ~ — '..d o ___ EQUALITY PLASTICS, INC., AND 955-463555...... Aug. 20,1909 048 cartons...... d o ___ __do____ 1040.17 LEADING FORWARDERS, INC. B attery operated automobile Order of Investigation and Hearing vacuum cleaners: The Commission has become aware 905-401494 — Oct. 13,1909 203 cartons. Bags.— 35.50/40 Plastic garment 38.25/40 22.11 that certain shipments consigned to CO. f t bags. cu. f t Equality Plastics, Inc, (Equality), dur­ 905-401313------O c t 2,1969 84 cartons.; T o y s..;— 36.00/40 Electric tanner- 51.26/40 43.23 ing the period of August 11,1969, through cu. f t sion beaters. CU. f t October 13, 1969, see Attachment A for a list of the shipments, appear to have [FR Doc.71-17760 Filed 12-6-71; 8 :45 am] been misclassified resulting in the as­ sessment of incorrect ocean freight LINCOLN FIRST BANKS, INC. charges. The bills of lading involved de­ FEDERAL RESERVE SYSTEM scribed'the five shipments as “Toys” or Proposed Acquisition of Lincoln First/ “Bags”, whereas the custom papers, FEDERAL OPEN MARKET COMMITTEE Baer Corp.; Correction shippers invoices, packing lists and in­ Current Economic Policy Directive of spections disclosed that the shipments In the notice regarding the application consisted of battery operated liquid mix­ August 24, 1971 of Lincoln First Banks, Inc., Rochester, N.Y., for permission to acquire voting ers, battery operated automobile vac­ Correction uum cleaners, electric immersion heat­ shares of Lincoln/Baer Corp., New York, ers, and plastic garment bags which were In F.R. Doc. 71-17330 appearing at N.Y., published in the F e d e r a l R e g is t e r subject to higher freight rates. The dif­ November 24, 1971 (36 PJt. 22335), the ference between the rate for the actual page 22697 in the issue for Saturday, second paragraph should be corrected November 27, 1971, the word “ships'* in to read: items shipped and the rate for “Toys” or “Applicant states that the proposed “Bags” for each shipment is also set the next to last fine on page 22697 should subsidiary would engage in domestic and forth below. read “shifts”. foreign commercial financing activities.

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23274 NOTICES Such activities have been specified by the air and water quality, nofse abatement and 2. Actions having no environmental im­ Board in § 225.4(a) of Regulation Y as control, pesticide regulation, solid waste dis­ pact. If a proposed action is determined not posal, and radiation criteria and standards. to be "a major Federal action significantly permissible for bank holding companies, 3. Responsible officials. The official Initially affecting the quality of the human environ­ subject to Board approval of individual responsible (1 ) for determining whether an ment” so as to warrant the preparation óf proposals in accordance with the proce­ action is “major” and will “significantly af­ an environmental statement, the responsible dures of § 225.4(b) fect the quality of the human environment” TCS official shall immediately notify the and (2) for preparation and submission of Office of Program Management, TCS, Central Board of Governors of the Federal Re­ environmental statements will be the Assist­ Office, in writing, and that office will so serve System, December 1,1971. ant Commissioner or the Regional Director, advise the Office of Environmental Affairs [seal] T ynan Smith, TCS, for those projects and actions within (ADF). The Central Office, TCS, upon con­ their jurisdiction. Staff support and assist­ currence from the Office of Environmental Secretary of the Board. ance will be furnished by the Office of Pro­ Affairs, will notify the TCS official when to [FRDoc.71-17805 Filed 12-6-71;8:47 am] gram Management. proceed with the action. 4. Procedures. Implementation procedures 3. Actions having an environmental im­ are contained in the attachment to this pact. If the responsible TCS official deter­ order. mines that the action constitutes a “major GENERAL SERVICES 5. Reports. The report required by this or­ Federal action significantly affecting the der is exempt from the reports control pro­ quality of the human environment,” an en­ gram. vironmental statement shall be prepared. ADMINISTRATION 4. Responsibility for environmental state­ William B. F oote, ENVIRONMENTAL STATEMENTS ment preparation in multiagency actions. Acting Commissioner, Transporta­ When two or more agencies are involved in tion and Communications Service. Procedures for Preparation an action, the “lead agency" (the one having Attachment 1 primary authority for committing the Fed­ Notice is hereby given of the procedures eral Government to a course of action) shall to be followed by the Transportation and 1. Determination of what is a “major Fed­prepare the statement. Where there is a Communications Service in preparing eral action significantly affecting the quality question as to primary authority, the Com­ of the human environment.” This is in large missioner, TCS, will report the conflict to environmental statements. part a Judgment based on the circumstances the Office of Environmental Affairs, for reso­ Dated: November 26, 1971. of the proposed action, and the determina­ lution. In cases where GSA 1s the “lead tion shall be included as a normal part of agency” but one or more other agencies have Elmer D. J ones, the decisionmaking process. partial responsibility for an action, the other Acting Commissioner, Transpor­ a. Types of major Federal actions requir­ agencies shall be requested to provide such tation and Communications ing environmental statements include: information to the responsible TCS official Service. (1) Recommendations or reports relating as may be necessary to prepare a suitable to legislation with a signflcant environmental and complete environmental statements as 1. Purpose. This order prescribes the pro­ impact; described below. cedures to be followed in implementing sec­ (2) Administrative actions such as proj­ 5. Preparation of draft environmental tion 102(2) (C) of the National Environ­ ects and continuing activities with a signifi­ statements, a. Each environmental state­ mental Policy Act of 1969 (Public Law cant environmental impact supported in ment shall be prepared in accordance with 91-190), hereinafter referred to as the Act, whole or in part by a Federal agency through the precept in section 102(2) (A) of the Executive Order 11514 of March 5, 1970, en­ contracts, grants, subsidies, loans, lease per­ Act that all agencies of the Federal Govern­ titled Protection and Enhancement of En­ mit, license, certificate, or other entitlement ment “utilize a systematic, interdisciplinary vironmental Quality, section 309 of the Clean for use; approach which will insure the integrated Air Act, as amended, and the Guidelines is­ (3) Establishment of environmental policy use of the natural and social sciences and sued by the Council on Environmental Qual­ including regulations and procedure making; the environmental design arts in planning ity (CEQ), for preparing environmental (4) Actions with significant environmental and decisionmaking which may have an statements, hereinafter referred to as the impact initiated as a result of projects or impact on man’s environment.” Guidelines, published in the F ederal R eg­ programs started prior to January 1, 1970, b. It is advisable, in the early stages of ister on April 23, 1971, Volume 36, Page 7724, the date of enactment of the Act; and draft environmental statement preparation, et seq. (5) Any proposed action which is likely for the responsible TCS official to consult 2. Background, a. Section 102 of the Act to be environmentally controversial. with those Federal, State, and local agen­ directs all Federal agencies (1) to develop b. Actions significantly affecting the hu­ cies possessing environmental expertise on methods and procedures which will insure man environment can be construed to be potential impacts of a proposed action. This that environmental amenities and values are those that: will assist in providing the necessary data given appropriate consideration in decision­ (1) Degrade environmental quality even and guidance for the analyses required to be making along with economic and technical if beneficial effects outweigh the detrimental included in environmental statements as considerations and (2 ) to prepare a detailed ones; described below. statement on major Federal actions and rec­ (2) Curtail range of possible bénéficiai ommendations or favorable reports on pro­ uses of the environment including irrevers­ c. Technical content: posals for legislation that would significantly ible and irretrievable commitments of (1) A description of the proposed action affect the quality of the human environment. resources; and/or a reasonable number of alternatives Executive Order 11514 of March 5, 1970, Pro­ (3) Serve short-term rather than long­ including the information and technical data tection and Enhancement of Environmental term environmental goals; adequate to permit a careful assessment of Quality, effectuates the purpose and policy (4) May be localized in their effect, but the environmental impact of proposed ac­ of this Act, and Guidelines implementing the nevertheless, have a harmful environmental tion (s) by commenting agencies. If appro­ Act have been issued by the CEQ. A copy of impact; and priate, three copies of site maps and/or top­ these Guidelines is Included as Attachment 2.1 (5) Are attributable to many small ac­ ographic maps at suitable scales shall be b. Section 309 of the Clean Air Act, astions, possibly taken over a period of time, provided; amended, provides that the Administrator that collectively have an adverse impact on (2) The probable impact of the proposed of the Environmental Protection Agency the environment. action (s) on the environment, including im­ (EPA) shall review and comment in writing c. Environmental subject areas include, pact on ecological systems such as wildlife, on the environmental impact of major Fed­ but are not limited to: fish, and marine life. Consequences of di­ eral actions to which section 102(2) (C) of (1) Ecological systems such as wildlife, rect and indirect impacts on the environ­ the Act applies when areas of EPA respon­ fish, and other marine life; ment shall be included in the analysis. For sibility are significantly affected. Further, (2) Human population distribution example, any effect of the action (s) on pop­ section 309 requires that all proposed legis­ changes and its effect upon urban conges­ ulation distributibn or concentration shall lation and regulations related or touching tion (including vehicular traffic), water be estimated and an assessment made of upon areas of EPA responsibility must be supply, sewage treatment facilities, other the effect of any possible change in popula­ submitted to the Administrator of EPA for public services, and threats to health; tion patterns upon the resources of the review and comment whether or not section (3) Actions which directly and indirectly area including land use, water supply, public 102(2) (C) applies. (See also paragraph 10, affect human beings through water, air, services, and traffic patterns; Attachment 1). EPA responsibilities include noise pollution and undesirable land use (3) Any probable adverse environmental patterns; and effects that cannot be avoided, such as water (4) Actions which impact upon the his­ or air pollution, undesirable land use pat­ 1 Attachment 2 is filed with the original toric, cultural, and natural aspects of our terns, damage to life systems, urban con­ document. national heritage. gestion, threats to health or other conse-

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 NOTICES 23275

ties shall indicate that the draft environ­ Upon concurrence the final statement will quences adverse to the environmental goals be sent to the Deputy Administrator for sub­ set out in section 101(b) of the Act: mental statement is based on the best infor­ (4) Section 102(2) (D) of the Act requires mation currently available. mission to CEQ. Public availability is pro­ the responsible agency to “study, develop, c. The Federal agencies that shall be asked vided automatically by the National Tech­ pnri describe appropriate alternatives to rec­ to comment on draft environmental state­ nical Information Service of the Department ommended courses of action in any proposal ments are those which have “jurisdiction by of Commerce. law or special expertise 'with respect to any 9. Time requirements for preparation and which involves unresolved conflicts concern­ submission of draft and final environmental ing alternative uses of available resources.” environmental impact involved” or "which A rigorous exploration and objective evalua­ are authorized to develop and enforce en­ statements, a. To the maximum extent prac­ vironmental standards.” These Federal agen­ ticable, no action is to be taken sooner than tion of possible alternative actions that 90 calendar days after a draft environmental might avoid some or all of the adverse en­ cies (depending on the aspect or aspects of vironmental effects is essential. Sufficient the environment involved) include com­ statement has been circulated for comment, ponents of the: and furnished to CEQ. Action also is not to analysis of such alternatives and their costs be taken sooner than 30 calendar days after and impact on the environment shall accom­ (1) Advisory Council on Historic Preser­ vation; the final text of the environmental state­ pany the proposed action (s) through the ment has been made available to CEQ and agency review process so as not to prema­ (2) Department of Agriculture; turely foreclose consideration of options (3) Department of Commerce; the public. If the final text of an environ­ which might have less detrimental effects; (4) Department of Defense; mental statement is filed at least 60 days (5) The relationship between local short (5) Department of Health, Education, and after a draft statement has been furnished Welfare; to CEQ and made public, the 30-day period term uses of man’s environment and the (6) Department of Housing and Urban De­ and 90-day period may run concurrently to maintenance and enhancement of long term velopment; the extent that they overlap. productivity shall be discussed. This in es­ (7) Department of the Interior; b. Time requirements prescribed in this sence requires assessment of the action (s) (8) Department of State; order shall be followed to the maximum prac­ for cumulative and long term effects from (9) Department of Transportation; ticable extent, except where (1 ) advanced the perspective that each generation is (10) Atomic Energy Commission; public disclosure of a proposed action will trustee of the environment for succeeding (11) Federal Power Commission; result in significantly increased costs to the generations; (12) Environmental Protection Agency; Government; (2) emergency circumstances (6) Any irreversible and irretrievable commitments of resources which would be and make it necessary to proceed without con­ involved in the proposed action (s) should (13) Office of Economic Opportunity. forming to time requirements; and (3) there It be implemented. Identify the extent to For actions specifically affecting the environ­ would be impaired program effectiveness if which the action (s) curtails the range of ment of their geographic Jurisdictions, the such time requirements were followed. Any beneficial use of the environment; and following Federal and Federal-State agen­ deviation from standard procedures must be (7) When prepared, a cost benefit analysis cies are also to be consulted: approved by the Office of Environmental on the proposed action(s) shall be included. (1) Tennessee Valley Authority; Affaire. d. Format requirements: (2) Appalachian Regional Commission; 10. Preparation and submission of other (1) ' A summary sheet shall be prepared in (3) National Capital Planning Commis­ reports under section 309 of the Clean Air accordance with the format prescribed in sion; Act, as amended. The Commissioner, TCS, Appendix 1 of the Guidelines and shall be (4) Delaware River Basin Commission; shall prepare reports for all proposed legisla­ attached to the environmental statement as and tion and regulations impacting on environ­ the second page; and (5) Susquehanna River Basin Commission. mental areas under the purview of EPA (See (2) A top sheet or title sheet shall also d. TCS officials circulating draft environ­ subparagraph 2(b), GSA Order TCS 1095.1). be prepared for each environmental state­ mental statements for comment shall have These reports shall be sent to the Office of ment. (See Attachment 3.) determined which of the above-listed agen­ Environmental Affairs for concurrence and, 6. Submission and distribution of draft en­cies are appropriate to consult on the basis as appropriate, to the General Counsel and/or vironmental statements, a. The copies of of the areas of expertise identified in Ap­ the Assistant Administrator for their con­ the draft environmental statement shall be pendix 2 of the Guidelines. Draft environ­ currence. The Deputy Administrator after transmitted to the Commissioner, TCS. The mental statements shall be submitted for signing the transmittal letter shall provide Commissioner, TCS, after review and approv­ comment to the regional contact points of the Administrator of EPA seven copies of the al, will submit the necessary copies of the agencies being consulted when such offices report. EPA shall have 45 calendar days in draft environmental statement first to the have been established pursuant to section 7 which to comment on the reports. General Counsel and then to the Office of of the Guidelines. Attachment 3 Environmental Affairs for their concur­ e. In implementing the provisions of sec­ rences prior to transmittal of the statement tion 309 of the Clean Air Act, as amended, DRAFT to the Deputy Administrator. After being the responsible official will submit to the Environmental Statement for the (Short signed by the Deputy Administrator, the appropriate regional office of EPA for review Title of the Proposed Action) as required by statement shall be submitted to CEQ, the and comment seven (7) copies of all draft section 102(2) (C) of the National Environ­ appropriate Congressmen, and governor. The environmental statements related to air or mental Policy Act of 1969 prepared by The draft environmental statement will auto­ water quality, noise abatement and control, General Services Administration (date). matically be made available to the public by pesticide regulation, solid waste disposal, and the National Technical Information Service radiation criteria and standards. [FR Doc.71-17780 Filed 12-6-71;8:45 am] of the Department of Commerce. 7. Preparation of final environmental b. Upon receipt of the signed copy of the statements. Whenever a draft environmental transmittal letter to CEQ the responsible statement is prepared, a final statement TCS official shall immediately send copies must also be prepared by TCS before the SECURITIES AND EXCHANGE of the draft environmental statement to proposed action can be initiated. Preparation the appropriate city mayor and to Federal, of the final statement entails attaching all State, and local agencies for comments. (See comments received on the draft statement COMMISSION also subpars. c, d, and e below.) In addition, from Federal, State, and local agencies and [70-5114] the comments of appropriate State, regional, officials, and a revision of the text of the or metropolitan clearinghouses (using the draft to take these comments into considera­ DELMARVA POWER & LIGHT CO. procedures in the Office of Management and tion. Budget Circular A-95 Revised) shall be so­ Copies of comments received by the Central Notice of Proposed Issue and Sale of licited unless the governor of the state in­ Office, TCS, shall be referred to the respon­ volved has designated some other point for sible TCS official for use in final environ­ Notes to Banks and to Dealer in obtaining this review. The allowable com­ mental statement preparation. Commercial Paper by Holding menting period for draft environmental 8. Submission and distribution of final en­ Company and Exception From statements shall be 30 calendar days, except vironmental statements. The responsible that EPA shall have a 45-day commenting TCS official shall transmit 10 copies of the Competitive Bidding period. All commenting parties shall be ad­ final environmental statement as soon as vised that if no reply is received within the practicable, together with the original and December 1,1971. appropriate period it will be presumed that two copies of each agency’s comments, to Notice is hereby given that Delmarva they have no comment to offer. However, if the Commissioner, TCS. The Commissioner, Power & Light Co. (Delmarva), 600 Mar­ requests for extensions are made, a maximum TCS, after review and approval will trans­ period of 15 calendar days may be granted mit the necessary copies of final text of the ket Street, Wilmington, DE 19899, a reg­ whenever practicable, except for EPA which environmental statement to the Office of the istered holding company, has filed an is held to its 45-day review period. The General Counsel and to the Office of Envi­ application with this Commission pur­ transmittal letters sent to commenting par­ ronmental Affaire for their concurrences. suant to the Public Utility Holding Com-

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23276 NOTICES pany Act of 1935 (Act), designating paper notes will be of varying maturities, general rules and regulations promul­ sections 6 and 7 of the Act and Rule with no such notes maturing more than gated under the Act, or the Commission 50(a) (5) promulgated thereunder as 270 days after the date of issue. Such may grant exemption from such rules applicable to the proposed transactions. notes, in denominations of not less than as provided in Rules 20(a) and 100 there­ All interested persons are referred to the $50,000* and not more than $1 million, of or take such oilier action as it may application, which is summarized below, will be issued and sold by Delmarva di­ deem appropriate. Persons who request for a complete statement of the proposed rectly to the dealer at a discount which a hearing or advice as to whether a hear­ transactions. will not be in excess of the discount rate ing is ordered will receive notice of fur­ Delmarva requests that, for the period per annum prevailing at the date of is­ ther developments in this matter, includ­ commencing January 1, 1972, and end­ suance for commercial paper of com­ ing the date of the hearing (if ordered) ing December 31, 1973, the exemptions parable quality and of the particular and any postponements thereof. from the provisions of section 6(a) of the maturity sold by issuers thereof to com­ For the Commission, by the Division of Act afforded to it by the first sentence mercial paper dealers. The application Corporate Regulation, pursuant to dele­ of section 6(b) of the Act, relating to states that no commercial paper notes gated authority. the issue of short-term notes, be in­ will be issued having a maturity of more [seal] R onald F. Hunt, creased from 5 percent to approximately than 90 days, at an effective interest Secretary. cost which exceeds that at which Del­ 9 percent of the principal amount and [FR Doc.71-17818 Filed 12-6-71;8:48 am] par value of the other securities of Del­ marva could borrow from banks. marva at the time outstanding. Del­ It is stated that no commission or fee marva proposes, under said exemption, to will be payable in connection with the [811-2165] issue and sell short-term notes (includ­ issue and sale of the commercial paper ing commercial paper) in an aggregate notes. The dealer, as principal, will re­ MML INVESTMENT CO., INC. face amount not to exceed $40 million offer such notes at a discount of one- Notice of Application for Order De­ to be outstanding at any one time. The eighth of 1 percent per annum less than proceeds from the issue and sale of the the prevailing discount rate to Delmarva. claring That Company Has Ceased short-term notes, including the com­ The notes will be reoffered in a manner To Be an Investment Company mercial paper, are to be utilized by Del­ which will not constitute a public offer­ November 30, 1971. marva to finance its 1972 and 1973 con­ ing to no more than 200 identified and struction programs, which are estimated designated customers in a list (non­ Notice is hereby given that MML In­ public) prepared in advance by the vestment Co., Inc., a Massachusetts cor­ at approximately $188,819,000. poration (Massachusetts Fund), c/o The notes to be issued to banks will dealer. Massachusetts Mutual Life Insurance aggregate not in excess of $16,500,000 The application states that Delmarva Co., 1295 State Street, Springfield, MA outstanding at any one time, and will expects to retire the bank notes and 01101, registered under the Investment mature not more than 180 days from the commercial paper from the net proceeds Company Act of 1940 (Act) as an open- date of issue and in any event not later of the sale of first mortgage bonds and/ end diversified management investment than December 31, 1973. The bank notes or equity securities prior to December 3Î, company, has filed an application pur­ will bear interest at the prime commer­ 1973. suant to section 8(f) of the Act for an cial bank rate, in effect as of the dates Delmarva requests exception from the order declaring that Massachusetts Fund the notes are executed and will be sub­ competitive bidding requirements of Rule has ceased to be an investment company. ject to prepayment at any time without 50 for the proposed issue and sale of its All interested persons are referred to the penalty except that the notes may not be commercial paper pursuant to paragraph application on file with the Commission prepaid in whole or in part from the (a) (5) thereof. Delmarva also requests for a statement of the representations proceeds of any subsequent bank loan at authority to file certificates under Rule made therein which are summarized a lower rate of interest. The company has 24 with respect to the issue and sale of below. maintained balances with these banks commercial paper within 30 days after The application asserts, among other averaging approximately $2 million or the end of each calendar quarter. things, that on July 28, 1971, a corpora­ 12 percent of its maximum authorized The application states that fees and tion was incorporated in Maryland under borrowings. If such balances were main­ expenses related to the proposed trans­ the name of MML Corp. (MML-Mary- tained solely to satisfy compensating bal­ actions are estimated at $10,400, includ­ land), and that on August 24,1971, Mas­ ance requirements," the effective interest ing legal fees of $2,000. It is further sachusetts Fund was merged into MML- cost qn such loans, assuming a 5% per­ stated that no State commission and no Maryland. MML-Maryland, the surviving cent prime rate, would be 6.5 percent. Federal commission, other than this corporation, then changed its name to The proposed borrowings will be effected Commission, has jurisdiction over the MML Investment Co., Inc. The applica­ from among banks in maximum amounts proposed transactions. tion further represents that Massachu­ as set forth below: Notice is further given that any inter­ setts Fund has not engaged in any busi­ Wilmington Trust Co., Wilming­ ested person may, not later than Decem­ ness, has ho securities outstanding, and ton, Del______$5,000, 000 ber 23, 1971, request in writing that a has ceased to have a corporate existence Bank of Delaware, Wilmington, through its merger with and into MLVEL- Del. ______.______3, 000, 000 heaimg be held on such matter stating Farmers Bank of the State of the nature of his interest, the reasons Maryland. Delaware, Wilmington, Del__ 1,800, 000 for such request, and the issues of fact or Section 8(f) of the Act provides, in per­ Delaware Trust Co., Wilmington, law raised by said application which he tinent part, that when the Commission, D e l.______1,600, 000 desires to controvert; or he may request upon application, finds that a registered First National Bank of Maryland, that he be notified if the Commission investment company has ceased to be an Salisbury and Baltimore, Md__ 6,100, 000 should order a hearing thereon. Any such investment company, it shall so declare request should be addressed: Secretary, by order and upon the effectiveness of Total ______16,500,000 Securities and Exchange Commission, such order the registration of such com­ Delmarva also proposes to issue and Washington, D.C. 20549. A copy of such pany shall cease to be in effect. sell, from time to time to mature not request should be served personally or Notice is further given that any inter­ later than December 31, 1973, commer­ by mail (airmail if the person being ested person may, not later than Decem­ cial paper in the form of short-term served is located more than 500 miles ber 21, 1971 at 5:30 p.m., submit to the promissory notes to an investment from the point of mailing) upon the ap­ Commission in writing a request for a banker and dealer in commercial paper, plicant at the above-stated address, and hearing on the matter accompanied by a A. G. Becker & Co., Inc. (dealer), of proof of service (by affidavit or, in case statement as to the nature of his inter­ up to $40 million face amount to be out­ of an attorney at law, by certificate) est, the reason for such request, and the standing at one time. The total amount should be filed with the request. At any issues, if any, of fact or law proposed to of commercial paper and bank loans time after said date, the application, as be controverted, or he may request that outstanding at any one time will not filed or as it may be amended, may be he be notified if the Commission should exceed $40 million. The commercial granted as provided in Rule 23 of the order a hearing thereon. Any such com-

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 NOTICES 23277 munication should be addressed: Secre­ It is further stated that there will be tional Safety and Health, hereinafter tary, Securities and Exchange Commis­ no special or separate fees and expenses referred to as the Committee, to advice, sion, Washington, D.C. 20549. A copy of in connection with the proposed trans­ consult with, and make recommenda­ such request shall be served personally action and that no State commission or tions to the Secretary of Labor and the or by mail (airmail if the person being Federal commission, other than this Secretary of Health, Education, and served is located more than 500 miles Commission, has jurisdiction over the Welfare on matters relating to the ad­ from the point of mailing) upon the ap­ proposed transaction. ministration of the Act. The Committee plicant at the address stated above. Proof Notice is hereby given that any inter- consists of 12 members to be appointed of such service (by affidavit or in case of tested person may, not later than De­ by the Secretary of Labor, four of whom an attorney at law by certificate) shall cember 22,1971, request in writing that a are to be designated by the Secretary of be filed contemporaneously with the re­ hearing be held on such matter, stating Health, Education,, and Welfare. quest. At any time after said date, as the nature of his interest, the reasons for 4. National Advisory Committee on provided by Rule 0-5 of the rules and such request, and the issues of fact or law Occupational Safety and Health—a. regulations promulgated under the Act, raised by said declaration which he de­ Membership. The Committee is a con­ an order disposing of the application, sires to controvert; or he may request tinuing advisory body of 12 members. herein may be issued by the Commission that^ he be notified if the Commission Two members will represent manage­ upon the basis of the information stated should order a hearing thereon. Any such ment, two members will represent labor, in said application, unless an order for request should be addressed: Secretary, two members will represent the occupa­ hearing upon said application shall be Sécurités and Exchange Commission, tional health professions, two members issued upon request or upon the Commis­ Washington, D.C. 20549. A copy of such will represent the occupational safety sion's own motion. Persons who request a request should be served personally or by professions, and four members will rep­ hearing or advice as to whether a hear­ mail (airmail if the person being served resent the public. The Secretary of ing is ordered will receive notice of fur­ is located more than 500 miles from the Health, Education, and Welfare will ther developments in this matter, includ­ point of mailing) upon the declarant at designate the two members representa­ ing the date of the hearing (if ordered) the above-stated address, and proof of tive of the occupational health profes­ and any postponements thereof. service (by affidavit or, in case of an at­ sions and two of the members represent­ For the Commission, by the Division of torney at law, by certificate) should be ative of the public. All the members will filed with the request. At any time after be selected upon the basis of their ex­ Corporate Regulation, pursuant to dele­ said date, the declaration, as filed or as perience and competence in the field of gated authority. it may be amended, may be permitted to occupational safety and health. All the [seal] R onald P. H unt, become effective as provided in Rule 23 members will be appointed by the Secre­ Secretary. of the general rules and regulations tary of Labor, who will designate one of [FR Doc.71-17801 Filed 12-6-71;8:46 am] promulgated under the Act, or the Com­ the public members as Chairman. mission may grant exemption from such b. Terms of membership. The present rules as provided in Rules 20(a) and 100 term of the members is 2 years. Upon [70-6120] thereof or take such other action as conclusion of the present term, the terms it may deem appropriate. Persons of membership shall be divided into four LOUISIANA POWER & LIGHT CO. who request a hearing or advice as classes, each consisting of three mem­ Notice of Proposed Transfer From to whether a hearing is ordered, will re­ bers. Members of the first class shall be Retained Earnings Account to Com­ ceive notice of further developments in appointed for a term of 1 year; members this matter, including the date of the of the second class shall be appointed for mon Capital Stock Account hearing (if ordered) and any postpone­ a term of 2 years; members of the third November 30, 1971. ments thereof. class shall be appointed for a term of 3 Notice is hereby given that Louisiana years; and members of the fourth class For the Commission, by the Division of shall be appointed for a term of 4 years. Power & Light Co. (LP&L), 142 Delaronde Corporate Regulation, pursuant to dele­ Street, New Orleans, LA 70114, an electric gated authority. Thereafter, members shall be appointed utility subsidiary company of Middle for regular terms of 4 years. At all times South Utilities, Inc. (»fiddle South), a [seal] R onald F- H unt, the Committee shall be composed of rep­ registered holding company, has filed a Secretary. resentatives of management, labor, and declaration with this Commission pur­ [FR Doc.71-17819 Filed 12-6-71;8:48 am] occupational safety and health profes­ suant to the Public Utility Holding Com­ sions, and of the public. Each member of pany Act of 1935 (Act), designating sec­ the Committee shall serve his full term tions 6(a) and 7 of the Act as applicable unless he resigns or becomes unable to to the proposed transaction. All inter­ DEPARTMENT OF LABOR serve in the judgment of the Secretary ested persons are referred to the decla­ of Labor because of disability or because ration, which is summarized below, for Office of the Secretary he ceases to be qualified to serve on the Committee because he is found no longer a complete statement of the proposed NATIONAL ADVISORY COMMITTEE transaction. to meet the representational require­ LP&L proposes to transfer from the Re­ ON OCCUPATIONAL SAFETY AND ments of the Act. In such cases, the Sec­ tained Earnings Account to the Common HEALTH retary of Labor may appoint for the re­ mainder of the unexpired term a new Capital Stock Account the sum of Composition and Functions $3,775,000. At August 31, 1971, after giv­ member who meets the same representa­ ing effect to the issue and sale of 1. Purpose. The purpose of this docu­ tional requirements, and is designated in 1,852,000 shares of common stock to ment is to describe the composition and the manner, of his predecessor. Middle South for $10 million (Holding the functions of the National Advisory c. Functions. The Committee shall ad­ Company Act Release No. 17304), LP&L Committee on Occupational Safety and vise, consult with, and make recommen­ had outstanding 22 million shares of Health, and to regulate its operations. dations to the Secretary of Labor, the common stock stated at $135,925,000 and 2. Authority. This document is issued Assistant Secretary of Labor for Occu­ retained earnings in the amount of jointly by the Secretary of Labor and the pational Safety and Health, the Secre­ $36,119,808. The proposed transaction Secretary of Health, Education, and Wel­ tary of Health, Education, and Wel­ would increase the Common Capital fare, pursuant to sections 7(a) and 8(g) fare, and any of their duly authorized Stock Account by $3,775,000 and reduce of the Williams-Steiger Occupational representatives, on matters relating to the Retained Earnings Account by a like Safety and Health Act of 1970 (84 Stat. the administration of the Act. amount. The declaration states that the 1597, 1600), and 5 U.S.C. 301 and 552. d. Meetings. (1) The Committee shall transaction is proposed for the purpose 3. Background. Section 7(a) of the hold no fewer than two meetings during of strengthening LP&L's capital structure Williams-Steiger Occupational Safety each calendar year. No meeting shall be for the benefit of holders of all classes of and Health Act of 1970 establishes a Na­ held except at the call of, or with the its securities. tional Advisory Committee on Occupa­ advance approval of: (i) The Secre*

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 23278 NOTICES tary of Labor, or the Assistant Secretary inappropriate. The purpose of any sub­ MC 113855 Sub 239, International Transport, Inc., now being assigned February 7, 1972, of Labor for Occupational Safety and committee is to give advice and make at Minneapolis, Minn., in a bearing room Health, or a duly authorized representa­ recommendations solely to the full Com­ to be later designated. tive; or (ii) the Secretary of Health, mittee and under no circumstances may MO 126196 Sub 6, Luveme S. Christensen, Education, and Welfare, or a duly au­ any subcommittee act outside this pur­ doing business as Christensen Truck Line, thorized representative. An agenda shall pose. The Chairman may appoint any now being assigned February 9, 1972, at be formulated or approved in advance member of a Subcommittee to act as Minneapolis, Minn., in a bearing room to by the person calling or approving the Chairman. Meeting of subcommittees be later designated. meeting, in consultation with the Chair­ shall be open to the public, and notice of MC-F 11240, Nestor, Inc.—Purchase (Por­ tion)—Thruway Freight I lines, Inc., now man. No particular form for the agenda subcommittee meetings shall be pub­ being assigned bearing January 14, 1972, in is prescribed. Members of the Committee lished in the F ederal R egister New York, N.Y., in a bearing room to be may propose items for the agenda to the 8. Assistance to the Committee. The Later designated. Chairman between meetings. Secretary of Labor or his duly authorized MC-C 7166, Travel Center of Waterbury, Inc. (2) Every meeting shall be conducted representative shall furnish the Com­ v. Continental Trail ways, Inc., et al., now in the presence of a duly authorized full­ mittee an executive secretary. He shall being assigned hearing January 10, 1972, time salaried officer or employee of the also furnish such secretarial, clerical, and at New York, N.Y., in a hearing room to be later designated. agency calling or approving the meeting. other services as are deemed necessary MC-C 7174 Sub 1, Greenville Bus Co., Revoca­ (3) A written record shall be made of to the conduct of its business. tion of certificate now being assigned bear­ each meeting of the Committee, includ­ 9. Consultation. The Secretary of La­ ing January 12, 1972, at New York, N.Y„ ing the names of all members present, bor and the Secretary of Health, Edu­ in a bearing to be designated later. their affiliation, and the capacity in cation, and Welfare, or their respective MC 133240 Sub 21, West End Trucking Co., which they attend. The minutes or tran­ authorized representatives, will consult Inc., now being assigned bearing January script of the meeting shall be available with each other, as necessary, concerning 13, 1972, at New York, N.Y„ in a bear­ the proper and effective utilization of ing room to be later designated. for public inspection. MC 134356, Gale Delivery, now assigned De­ (4) A copy of the agenda and the rec­ the Committee. cember 8, 1971, at New York, N.Y., post­ ord at each meeting shall be forwarded 10. Effective date. This document is ef­ poned to February 2, 1972, at New York, to the office of the Special Assistant for fective immediately. N.Y., in a bearing room to be designated Legislative Affairs of the Department later. of Labor, and to the Department Com­ Signed at Washington, D.C., this 14th No. 34543, Increased Suburban Fares—New mittee Management Officer, Department day of October 1971. Jersey and New York Railroad Co. and Erie Lackawanna Railroad Co., now as­ of Health, Education, and Welfare. J. D. H odgson, signed December 6,1971, at New York, N.Y., (5) Notice. Notice of any Committee Secretary of Labor. is postponed indefinitely. meeting shall be published in the F ed­ MO 134947, Masao Yamashiro, Contract Car­ eral R egister. Meetings of the Commit­ E lliot R ichardson, rier Application, assigned March 2, 1972, at tee shall be open to the public. Secretary of Health, Los Angeles, Calif., canceled and applica­ e. Quorum. A majority of the mem­ Education, and Welfare. tion dismissed. MC .133633 Sub 8, Highway Express, Inc., now bers of the Committee shall constitute a N ovember 22,1971. quorum, except that at least one man­ assigned January 10,1972, at Jackson, Miss., [PR Doc.71-17836 Piled 12-6-71; 8:40 am] Is postponed indefinitely. agement representative-member, one MC—F-11200, The Mason & Dixon Lines, labor representative-member and one Inc.—Purchase Econ, Inc., now assigned member representing the public must February 23, 1972, at Chicago, ML, in a be included in the majority which con­ bearing room to be designated later. stitutes the quorum. INTERSTATE COMMERCE MC—F-11218, Home Transportation Co.—Pur­ 5. Robert’s Rides of Order. The Chair­ chase (Portion)—Machinery Transports, man may, to the extent he deems ap­ MC—F—11235, Machinery Transports—Pur­ COMMISSION chase (Portion)—L. J. Wllenhofer Transfer, propriate, adopt Robert’s Rules of Order, ASSIGNMENT OF HEARINGS now assigned February 28,1972, at Chicago, Newly Revised, for the orderly proce­ 111., in a hearing room to be designated dure of the meetings of the Committee. D ecember 2, 1971. later. 6. Advice and recommendations. Any Cases assigned for hearing, postpone­ MC—FC-72950 K & B Mounting, Transferee advice or recommendations of the Com­ ment, cancellation or oral argument ap­ & Geo. F. Burnett Transferor, now assigned mittee shall be given or made with the pear below and will be published only February 22, 1972, at Chicago, HI., In a approval of a majority of all Commit­ once. This list contains prospective as­ bearing room to be designated later. tee members present. The Chairman MC—107295 (Sub-No. 519), Pre-Fab Transit, signments only and does not include now assigned March 3, 1972, at Chicago, shall include in the report of such ad­ cases previously assigned hearing dates. 111., in a hearing room to be designated vice or recommendations any concur­ The hearings will be on the issues as later. ring or dissenting views. Any member presently reflected in the Official Docket MC 111812 Sub 424, Midwest Coast Transport, may submit his own advice and recom­ of the Commission. An attempt will be now assigned March 2, 1972, at Chicago, mendations in the form of Individual made to publish notices of cancellation HI., in a hearing room to be designated views with respect to any matter which of hearings as promptly as possible, but later. has been considered by the Committee. interested parties should take appropri­ MC 124947 Sub 12, Machinery Transports, 7. Subcommittees. The Chairman may ate steps to insure that they are notified now assigned February 28,1972, at Chicago, appoint from among the members of the of cancellation or postponements of HI., in a hearing room to be designated hearings in which they are interested. later. Committee any number of subcommit­ MC 121399 Sub 1, Econ, Inc., now assigned tees for the purpose of assisting the Com­ MC 72442 Sub 35, Akers Motor Lines, IncM February 23, 1972, at Chicago, HI., in a mittee in carrying out its functions un­ assigned February 14, 1972, at Atlanta, Ga„ bearing room to be designated later. der this Act and this document. All the Is. canceled and transferred to Modified MC 12426 Sub 1, Groups Unlimited, Inc., as­ provisions of this document regarding Procedure. signed December 6,1971, at New York, N.Y., the powers and duties of the Chairman MC 107496 Sub 813, Ruan Transport Carp., is canceled and reassigned for bearing on and regarding the conduct of Committee now being assigned February 8, 1972, at January 31, 1972, at New York, N.Y., in a Minneapolis, Minn., In a bearing room to bearing room to be later designated. meetings are applicable to the Subcom­ be later designated. mittee Chairmen and the conduct of MC 108119 Sub 32, R L. Murphy Trucking [seal] R obert L. O swald, subcommittee meetings unless in the Oo„ now being assigned February 14, 1972, Secretary. judgment of the Chairman the applica­ a t Minneapolis, Minn., In a bearing room tion of any such provisions would be to be later designated. [FR Doc.71-17857 Hied 12-6-71;8:50 am]

FEDERAL REGISTER, VOL. 36, NO. 234— TUESDAY, DECEMBER 7, 1971 FEDERAL REGISTER 23279

CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

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 December.

3 CFR 7 CFR— Continued Page 14 CFR— Continued Page 10865 (see E O 11633)______2319« P roposed R ules—Continued 214______23145 11633______23197 1101______23222 217 ______23050, 23146 1102______23222 218 ______23146 5 CFR 1103 ______— 23222 241______23051 213—____ —______22899, 23135 1104 ______23222 243______23051 1106______23222 P roposed R ules: 6 CFR 1108______23222 39______23237 1120______23222 71^______22846-22848, 23076, 23238 201____ 23219 1121______23222 75______22848, 23238 1124 ______23222 7 CFR 1125 ______23222 16 CFR 1126 ______23222 500______22807 1127 ______23222 1____ 22814 722______22966 1128 ______23222 13___ 22815-22825 845_____ 23047 1129 ______23222 502 ______23056 907______¿L ____ 1____ 22975 1130 ______23222 503 ______23058 910_____ 22808, 23135 1131 ______23222 912 ______L 23048, 23135 1132 ______23222 1 7 CFR 913 ______22808 1______22810 929______22808 1133 ______23222 944______23136 1134 ______23222 270...... 22900 971______23199 1136 ______23222 P roposed R ules: 1137 ______23222 239 23256 987—i ______23137 1138 ______23222 P roposed R ules: 240 22994 s249 22994 724______1______232219 CFR 818______23069 76______23139 18 CFR 846______23071 78______23199 304______22901 928 ______22985 201______23139 929 ______23072 445 ______22810, 23112 P roposed R ules: 932-__;______.__ 23072, 23222 446 ______22810, 23112 11______22854 966______22831 447 ______.__ 22810, 23112 101______22855 987_____ 22831 104 ___ 22855 1001 ______1_____ 23222 P roposed R ules: 105 ______22855 1002 ______ï ______23222 11______23072 141______22855, 23163 1004______22831, 23222 301______23161 154______22855 1006 ______'___ 23222 312______23161 201______22855 1007 ______23222, 23223 327______23161 204______t ____ 22855 1011 ______23222 205 ______22855 1012 ______23222 10 CFR 260______22855 1013 _ 23222 1015______23222 20 23138 19 CFR 1030______23222 P roposed R ules: 19 ______23149 1032 ______23222 24______23150 1033 ______23222 30—•______22848 1036—------23222 40______22848 1040____ 23161,23222 50------22848, 22851 20 CFR 1043 ------23222 70------22848 614______22975 1044 ------23222 115------22848 P roposed R ules: 1046------23222 405. 22987 1049------23222 12 CFR 1050—------23222 2------— ------22979 21 CFR 1060— ______23222 226------22809 1061------23222 524 ______22979 2------22826 1062------23222 525 ______22979 14------23150 1063 ------'______23222 701 ______23140 17__------23202 1064 ------23222 703______.______;_____ 23048 121______22827, 22900, 23150, 23202 1065 -T------23222 P roposed R ules: 135______!__ 22829 1068______23222 207____ 22855 135a______22829 1069*------23222 220 ______22855 135c______23203 1070 ---- 23222 221 -- 22855 U35g______22827, 23203 1071 ------23222 222 ------23256 141------23204 1073------23222 545—------22992 141a______22827 1075 ____ 23222 145 ______23205 1076 -- 23222 14 CFR 146 ______23205 1078 ------23222 146a______,__ 22827 1079 ______23222 39______22809, 23048, 23140, 23200 146b______22829 1090------23222 71____ 22809, 22810, 23049, 23201, 23202 146c______22827 1094— ------23222 73------23049, 23202 146e______22827 1096 ------23222 75------:------23202 147 ___ 23205 1097 ------23222 97— ------23141 148k______23152 1098 ______23222 121------23050 150g_____ 23205 1099 _ ;______23222 212______23141 308—______;______22830

No. 2T3i •19 23280 FEDERAL REGISTER

21 CFR—Continued Page 3 2 A CFR 45 CFR Page P ropose!) R ules: P roposed R ules: 1068...... __...... 23065 15______L 23074 Ch. X...... ___ 23158 17______23074 141______23236 4 6 CFR 141a______23236 3 6 CFR 146______~___ 23218 141w______23236 272_____ 23220 P roposed R ules: 2 4 CFR 3 9 CFR 283______._ 22839 1914 ______23214 542______23069 1915 ______156_ 23215______- ______-___ 23216 601______23216 2 5 CFR 619______22811 4 7 CFR P roposed R ules: 221______— 23221 4 0 CFR P r o p o s e d R u l e s : 75______23077, 23078 2 6 CFR 2______—_ 23058 25______22899 P roposed R ules: 4 9 CFR P roposed R ules: 2______23077 1______23163 61___ 23239 7______—— 22812 571______1______22902, 23067, 23220 2 9 CFR 41 CFR 1270______23068 520______— 22976 3-1______•______22979 1271—___ 23068 541______22976 P r o p o s e d R u l e s : 1518__ ’______23207 3-16______23060 50-204______23217 1243______— 23078 1910______23207 60-2______23152 P roposed R ules: 114-25______-______— 22812 525—-:____ - 23235 114-26______—______22812 5 0 C FR 114-47______22812 17______— ______— 22813 31 CFR 32-______- ______22814 P roposed R ules: 4 3 CFR 33_____ 22814, 22983, 22984, 23157, 23220 223______- ______22985 Public Land Orders: P roposed R ules: 4582 (modified by PLO 5145) __ 23157 3 2 CFR 4962 (see PLO 5145)______23157 240______22841 44______23209 5081 (see PLO 5145)______23157 261______22986 888e______23209 5145______23157 276______22986

LIST OF FEDERAL REGISTER PAGES AND DATES— DECEMBER

Pages Date 22801-22894------Dec. 1 22895-23040______2 23041-23128__ 3 23129-23189______:______4 23191-23280______7

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