Federal Register, National Archives and Records Service, General Services Adminis

Vol.12-2-76, 41---o.=3 THURSDAY, -DECEMBER 2, 1976 PAGES 52857-52975

U *1934*. Whighlights

CHARTER FLIGHTS CAB adopts special regulations establishing new class designated as advance booking; effective 1-1-77....- 52865 COAL MINE HEALTH AND SAFETY Interior/MESA sets public hearing on proposed mandatory standards for training and retraining of coal miners; hearing 1-5 thru 1-7 and 1-10 thru 1-12-77 ... 52890 COMPRESSED GAS PACKAGES DOT/MTB extends comment filing date to 2-1-77 on merits of color coding ...... 52891 CRUDE OIL DOT Issues decision on Trans-Alaska pipeline petition for waiver of girth weld regulations .. ... 52933 ENERGY CONSERVATION Community Services Administration adopts rules on emergency programs; effective 12-2-76..... 52876 FREEDOM OF INFORMATION FTC amends procedures to be followed by non-Federal government agencies requesting records; effective 12-2-76 .... 52867 MOTOR VEHICLE LIGHTING DOT/NHTSA proposal revising mounting height requirements for clearance and identification lamps; comments by 1-13-77 ...... 52892 OUTER CONTINENTAL SHELF Interior/BLM makes protraction diagrams available to public 52909 PAROLE RELEASE, SUPERVISION AND PRISONER RECOMMITMENT Justice intent to consider adoption of regulations govern- Ing youth offenders and juvenile delinquents; comments by 1-24-77_._ . 52889 PRIVACY ACT OF 1974 International Trade Commission proposes additional 12-15-76routine uses to its system of records; comments by 52921 NASA implements changes to regulations; effective 11-22-76 52866 RURAL HOUSING LOANS USDA/FmHA proposes regulation regarding moratoriums on interest and principal payments; comments by _12-31-76_ -. . . 52888

1111M CONTINUED INSIDE reminders (The items In this list were editorially compiled as an aid to FEaDAL REGISTRr users. Inclusion or exclusion from this list has no legal significance. Since this list Is intended as a reminder, it does not include effective dates that occur within 14 days of publication.) HEW/FDA-Colistmethate sodium for Vancomucin hydrochloride; rovislon of Rules Going Into Effect Today injection; revocation for certify- working standard stock solution con- ing ...... 48100; 1-2-76 centration ...... 48099; 11-2-76 DOT/FAA-Standard instrument approach Registration of producers of drugs and Labor/ETA-Public Employment Service procedures; Ft. Leonard Wood, Mo., et listing of drugs in commercial dis- System; services for veterans ...... 48249: 11-2-76 al ...... %..45820; 10-18-76 tribution; revision of times for annual . . . registration ...... 48097; 11-2-76 Standard instrument approach proce- List of Public Laws dures; recgnt changes and additions; various States ...... 46433;10-21-76S 1-2 - lawNoTre: were Noreceived public by bills the whichOffice of havo the becomeFederal FCC-FM broadcast stations; table of as: Register for inclusion in today's lasT or signments; Indiana .... 47931; 11-1-76 Pusr c LAws.

AGENCY PUBLICATION ON ASSIGNED DAYS OF THE WEEK The six-month trial period ended August 6. The program is being continued on a voluntary basis (see OFR notice, 41 FR 32914, August 6, 1976). The foilowing agencies have agreed to remain in the program:

Monday Tuesday Wednesday Thursday Friday

NRC USDA/ASCS NRC USDA/ASCS DOT/COAST GUARD USDA.APHIS DOT/COAST GUARD USDA/APHIS DOT/NHTSA USDA/FNS DOT/NHTSA USDA/FNS

DOT/FAA USDA/REA DOT/FAA USDA/REA

DOT/OHMO CSC DOT/OHMO CSC DOT/OPSO LABOR DOT/OPSO LABOR HEW/FDX HEW/FDA Documents normally scheduled on a day that will be a Federal holiday will be published the next work day following the holiday. Comments on this program are still invited. Comments should be submitted to the Day-of-the-Week Program Coordinator, Office of the Federal Register, National Archives and Records Service, General Services Adminis. tration, Washington, D.C. 20408.

ATTENTION: For questions, corrections, or requests for information please see the list of telephone numbers appearing on opposite page.

gPublished daily. Monday through Friday (no publication on Saturdays, Sundays, or on official Federal '0 holidays), by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408, under the Federal Register Act '(49 Stat. 500, as amended; 44 U.SC., W ' Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CPR Ch. I), Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.O. 20402,

96 The FEDERAL REGISTER provides a uniform system for making available to' the public regulations and legal notices issued Federal agencies. These include Presidential proclamations and Executive orders and Federal agency documents having (by Federal agency general applicability and legal effect, documents required to be published by Act of Congress and other the day beforo documents of public interest. Documents are on file for public inspection in the Office of the Federal Register 0they are published, unless earlier flling is requested by the issuing agency. %w The FEDERAL REGISTER will be furnished by mail to subscribers, free of postage, for $5.00 per month or $50 per year, payable actually bound, " in advance. The charge for individual copies Is 75 cents for each issue, or 75 cents for-each group of pages as Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. in the FEDERAL REmsTzm. -There are no restrictions on 1he republication of material appearing

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 - INFORMATION AND ASSISTANCE Questions and requests for specific information may be directed to the following numbers. General inquiries may be made by dialing 202-523-5240. FEDERAL REGISTER, Daily Issue: PRESIDENTIAL PAPERS: Subscriptions and distribution ...... 202-783-3238 Executive Orders and Proclama- 523-5233 "Dial - a - Regulation" (recorded 202-523-5022 tions. summary of highlighted docu- Weekly Compilation of Presidential 523-5235 ments appearing in next day's Documents. issue). Public Papers of the Presidents.... 523-5235 Scheduling of documents for 523-5220 Index...... -...... publication. • 523-5235 Copies of documents appearing in 523-5240 the Federal Register. PUBLIC LAWS: Corrections ...... ------523-5286 Public Law dates and numbers- 523-5237 Public Inspection Desk--- ...... 523-5215 Slip Laws ...... 523-5237 Finding Aids ...... 523-5227 U.S. Statutes at Large...... 523-5237 Index ...... 523-5237 Public Briefings: "How To Use the 523-5282 Federal Register." U.S. Government Manual ...... 523-5230 -Code of Federal Regulations (CFR).. 523-5266 Automation ...... 523-5240 Finding Aids ..... ------....523-5227 Special Projects ...... 523-5240

HIGHLIGHTS---Continued

MEETINGS- Executive Office of President: President's Committee on Science and Technology, 12-16-76- 52900 Interior/BLM: Salmon District Multiple Use Advisory Board, 1-12-77 ...... 52910 VA. Educational Allowances Station Committee, Des Moines, 12-28-76 ...... 52949 CHANGED MEETINGS- FEA: Natural Gas Transmission and Distribution Ad- visory Committee, 12-10-76. 52905 NRC* Reactor Safety Study Working Group of the Reactor Safeguards Advisory Committee, 1-4-77- 52922

FEDERAL REGISTER, VOL 41, NO. ,233-THUSDAY, DECEMBER 2, 1976 contents AGRICULTURAL MARKETING SERVICE FARMERS HOME ADMINISTRATION Florida ...... ------52808 Rules , Proposed Rules Iowa ------52873 New Jersey ------52869 Grapefruit grown'in Ariz. and Account servicing: New York ------52874 Calif. ------52887 Routine; moratorium on pay- Oranges (navel) grown in Ariz. ments ------52888 North Carolina ---- L------52874 and Calif ------52886 Ohio : ------..------52871 -Notices Pennsylvania (5 documents).-. 52970, AGRICULTURE DEPARTMENT Disaster and emergency areas: 1 52872, 52875, 52876 Michigan ------52897 Rhode Island ------52808 See Agricultural Marketing Serv- Texas ------52869 ice; Farmers Home Administra- ADMINISTRATION Virginia; correction ------52868 tion; Forest Service. FEDERAL AVIATION Wisconsin ------52871 Rules BLIND AND OTHER SEVERELY FEDERAL MARITIME COMMISSION HANDICAPPED, COMMITTEE FOR IFR altitudes (2 documents- 52858, 52861 PURCHASE FROM -Restricted areas ------52858 Notices Transition areas (6 documents) _ 52857, Freight forwarder licenses: Notices 52858 Carlos Edmundo Plazas, et al.. 52897 Procurement list, k976, proposed FEDERAL POWER COMMISSION additions; correction ------52900 FEDERAL COMMUNICATIONS COMMISSION Notices CIVIL AERONAUTICS BOARD Htarings,etc.: Rules Rules Cities Service Gas Co ------52005 Accoitnts, records, and memoran- Experimental ,broadcast services: Columbia Gas Transmission da for air carriers, preserva- Remote pickup broadcast sta- Corp ------52905 tion: tions ------...... 52879 El Paso Alaska Co ------52906 Charters, advance booking; Notices El Paso Electric Co------52900 charter operators, preserva- Kansas Power and Light Co.... 52907 tion of records ------52865 Cable television: Pacific Interstate Transmission Charters, advance booking; edi- Proposed rulemaking notices, Co ------52907 torial changes ------52865 mailing to all systems, denial South Texas Natural Gas Gath- of request------52903 ering Co------52907 CIVIL SERVICE COMMISSION Revision of rules regarding Transcontinental Gas Pipe Line Rules leapfrogging, carriage'of local, Corp ------52007 Allowances and differentials: independent signaA, and non- Tucson Gas and Electric Co.... 52908 network programming exclu- Nonforeign areas, cost of living FEDERAL TRADE COMMISSION rates and area listing; correc- sivity - 52903 tion ------52857 Petitions for rulemaking filed, Rules granted, deniel, etc ------52901 Procedures and practice rules: COAST GUARD Satellite stations, construction, Freedom of Information re- etc.; applications ------52902 quests ------52867 Notices Hearings, etc.: Equipment, construction, and ma- Bedford Improved TV, Inc --- 52909 FISCAL SERVICE terials; approval ..------52929 Henderson All-Channel Cable- Notices COMMERCE DEPARTMENT vision, Inc------52902 Surety companies acceptable on See Maritime Administration.' FEDERAL DEPOSIT INSURANCE Federal bonds: - CORPORATION Puritan Insurance Co.; name COMMUNITY SERVICES ADMINISTRATION change ------52949 Rules Rules FISH AND WILDLIFE SERVICE C6mmunity Action Programs: Interest on deposits: Keogh (HR 10) plans; with- Rules Emergency Energy Conservation Fishing: Programs; reporting require- diawal .penalty exception; correction ------52857 Iroquois National Wildlife Ref- ments (Energy Data Form)_- 52876 uge, N.Y ------52886 DELAWARE RIVER BASIN COMMISSION FEDERAL DISASTER ASSISTANCE Monomoy National Wildlife ADMINISTRATION Refuge, Mass ------52685 Notices Seney National Wildlife Refuge, Public hearing ------52897 Notices Mich ------52885 Disaster areas: Hunting: DRUG ENFORCEMENT ADMINISTRATION Maryland ------52908 Lake Alice National Wildlife Rules Refuge, N. Dak. (4 docu- Schedules of controlled sub- FEDERAL ENERGY ADMINISTRATION ments) ------52884, 52885 stances: Notices Public access, entry, use, and rec- preparations- 52867 reation: Exempt chemical Meetings: Block Island National Wildlife ELECTRONIC FUND TRANSFERS, Natural Gas Transmission and Refuge, R.I ------52883 NATIONAL COMMISSION .Distribution Advisory Com- Cabeza Prieta National Wildlife mittee, change in date and Refuge, Ariz., et al------52881 Notices place ------52905 Ninigret National Wildlife Ref- Revised notice of meeting ------52922 uge, R.I ------52883 FEDERAL INSURANCE ADMINISTRATION Sachuest Point National Wild- EXECUTIVE OFFICE OF- THE PRESIDENT life Refuge, R.I------52884 Notices Rules Salt Meadow National Wildlife "Meetings: Flood Insurance Program, Na- Refuge, Conn------52883 President's Committee on Sci- tional; flood elevation deter- Trustom Pond National Wildlife ence and Technology ------52900 minations, etc.: Refuge, R.I ------52884

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 CONTENTS

FOREST SERVICE Notices NATIONAL HIGHWAY TRAFFIC SAFETY Notices Agreements under section 5a, ap- ADMINISTRATION Environmental statements; avail- plications for approval, etc.... 52951 Rules ability, etc.: Car service rules, mandatory; ex- Motor vehicle safety standards: Wallova-Whitman - National emptions (7 documents) __52950, 52951 Incorporation by reference, ad- Fourth section applications for Forest, Grande Ronde Plan- dress changes ...... 52880 ning Unit, Oreg . ------5289'7 relief ------52951 Hearings, assignment ------52950 Pioposed Rules HEALTH, EDUCATION, AND WELFARE Motor carriers: Motor vehicle safety standards: DEPARTMENT Transfer proceedings (2 docu- Lamps, reflective devices, and ments) ------52952 associated equipment -----. 52892 See Health Resources Administra- Petitions, applications, finance Notices tion. matters (including temporary authorities), railroad abandon- Motor vehicle safety standards; HEALTH RESOURCES ADMINISTRATION ment, alternate route deviations, exemption petitions, etc.: Proposed Rules and Intrastate applications.... 52953 Prevost Car, Inc.; bus window retention and release- ---- 52933 Grants: JUSTICE DEPARTMENT Sebring Vanguard, Inc.; occu- Medical facilities, public, con- pant crash protection ...-.. 52933 struction and modernization; See Drug Enforcement Adminis- correction ------5289:1 tration; Parole Commission. NATIONAL TRANSPORTATION SAFETY BOARD HEARINGS AN15 APPEALS OFFICE, LAND MANAGEMENT BUREAU INTERIOR DEPARTMENT Notices Notices Safety recommendations and ac- Notices Airport leases: cldent reports, availability, re- Applications, etc.: Alaska ------52908 sponses, etc------52926 Bishop Coal Co ------5291:1 Applications, etc.: Brushy Fork Mining Corp --- 5291:L Wyoming (2 documentsi_ 52910, 52911 NUCLEAR REGULATORY COMMISSION Christopher Coal Co------5291!a Meetings: Notices Clinchfield Coal CO ...... ------5291:3 Salmon District Multiple Use Meetings: J & M Coal Co ------5291:3 Advisory Board ------52910 Advisory Committee on Reactor Jim Walter Resources, Inc ... 5291:3 Opening of public lands: Oregon ------Safeguards, Reactor Safety Jones & Laughlin Steel Corp. 52909 Study Working Group, post- (2 documents) ------52914, 529115 Washington (2 documents) ----52910 Protraction poned -- 52922 Mid-Continent Coal and Coke diagrams filing, Natural Resources Defense Coun- Co. (2 documents) .... 52915, 529116 availability: I cil; Extension of comment pe- Permac, Inc------5291 Alaska ------52909 riod Plateau 7 Withdrawal and reservation Mining Co------5291' of Regulatory guides; Issuance and Scotts Branch Co ------529113 lands, proposed, etc.: I Nevada ------availability (2 documents) 52925 Smith Coal Co ------52911 52908 Applications, etc.: Twin Ridge Coal Co ..------52911 MANAGEMENT AND BUDGET OFFICE Carolina Power and Light Co. Virginia Pocahontas No. 5 Min- (2 documents) 52922 ing Co. (3 documents) - 52919, 52921O Notices Commonwealth Edison Co-____.52922 Westmoreland Coal Co ------5292:1 Clearance of reports; list of re- Florida Power and Light Co. (2 ---- HOUSING AND URBAN DEVELOPMENT quests (2 documents) 52927, 52928 documents) 52923 DEPARTMENT Georgia Power Co...... ------52923 MARITIME ADMINISTRATION Houston Lighting and Power See Federal Disaster Assistance Notices Co., et al-____--_. 52924 Administration; Federal Insur- Northeast Nuclear Energy Co, ance Administration. Applications, etc.: American Eagle Tanker Corp. et al (2 documents) ...... 52924 Portland General Electric Co___ 52925 INTERIOR DEPARTMENT et al ------52898 Sea Transport Corp. et al..... 52898 Public Service Co., N.H...... - 52925 See Fish and Wildlife Service; Virginia Electric and Power Co- 52925 Hearing and Appeals Office; MATERIALS TRANSPORTATION BUREAU Wisconsin Electric Power Co__ 52926 Land Management Bureau; Mining Enforcement and Safety Proposed Rules PAROLE COMMISSION Administration. Compressed gases in cylinders; Proposed Rules color coding system of Identifi- Prisoners, youth offenders, and INTERNATIONAL TRADE COMMISSION cation; inquiry; extension of time ------...... 52891 Juvenile delinquents; Parole, re- Notices lease, supervision, and recommitment ------52889 Privacy Act; system of records: MINING ENFORCEMENT AND SAFETY Additional routine uses------52921 ADMINISTRATION PENSION BENEFIT GUARANTY Proposed Rules CORPORATION INTERSTATE COMMERCE COMMISSION. Coal mine health and safety: Proposed Rules Rules Surface and underground Plan assets, allocation; correc- Railroad car service orders: mines; training and retrain- tion ..------52890 Hopper cars, return ------5288( ing of miners; hearings ---- 52890 POSTAL SERVICE Proposed- Rules NATIONAL AERONAUTICS AND SPACE -Motorcarriers: ADMINISTRATION Notices Environmental statement, Exemptions; agricultural coop- Rules draft. eratives ------5289 Rochester Management Sec- Privacy Act; Ilmplementation.... 52866 tional Center ------52928

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2. 1976 CONTENTS

SMALL BUSINESS ADMINISTRATION TRANSPORTATION DEPARTMENT TREASURY ILEPARTMENT Notices See aTso Coast Guard; Federal See Fiscal Service. Aviation Administration; Ma- Applications, etc.: teriaLs- Transportation Bureau; VETERANS ADMINISTRATION Fourth Street. Capital Corp....- 52929 National Highway Trafc Safety Notices License surrenders, Atlantic Small Administration. Meetings: Business Investment Corp., et Notices Station Committee on Educa- al 52929 Pipeline, trans-Alaska crude oil; tional Allowance ------52949 girth weld regulations, waiver petition ------52933

"THE FEDERAL REGISTER-WHAT IT IS AND HOWTO USEIT"~ Weekly Briefings at the Office of the Federal Register (For Details, See 41 FR 46527, Oct. 21, 1976) RESERVATIONS: JANET SOREY, 523-5282. JANETFR Register46527,TO theSOREY, OfficeUSE Oct. tiT"523-5282 of21, the 1976)IT (For"THERESERVATIONS: Details,Weekly ISFEDERAL ANDBriefingsSeeFederal 41 HOW REGISTER--WFIAT at list offcfr parts. affected inthis issue

The following numerical guide is a listof the parts of eachv title of the Code of Federal Regulations affected by documents published In today's Issue. A cumulative, listof parts affected, covering the current month to date, follows beginning with the second Issue of tha month. A Cumulative Ust of CFR Sections Affected is published separately at the end of each month. The guide lists the, parts and sections affected by documents published since, the revision date of each, title.

5 CFR 21 CFR 42 CFR ------.. 52857 1308 ...------52867 PROPOSED RULES: - 124------52891 7 CFR 24 CFR 907------52886 1916 (5 documents------52868,52869 45 CFR 909-...... 52887 1917 (10 documents) ---- 52870-52,876 1061 ------52876 PROPOSED RULES: 28 CFR 47 CFR 1861 ------52888 PROPOSED RULES: 74 ------52879 12 CFR 49 CFR 29 CFR 329 ------52857 571 ------52880 PROPOSED RuLEs: 1033 ------52880 14 CFR 2608 ------52890 PROPOSED RuLES: 71 (7 documents) ------52857, 52858 73------52858 30 CFR 172 ------52891 571 ------52892 95 (2 documents)------52858,52861 PROPOSED RULES: 249 (2 documents) ------52865 1047------52893 1212 ---- 52866 75 ------52890 ------77 ...... 52890 50 CFR 16 CFR 26 (6 documents) ------52881-52884 32 (4 documents) ------52884, 52885 4± ------52867 33 (3 documents) ------52885, 52886

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMbER 2, 1976 CUMULATIVE LIST OF PARTS AFFECTED DURING 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. 40 CFR 5 CFR 17 CFR-ConUnued 591 ------52857 PROPOSED RULES: 50 .... 52686 51 ------52692 230 ------52701 7 CFR 53 ------52692 136 ------52779 401 ------52643 21 CFR 907------52886 1308 ------52867 41 CFR ------52887 909__------3-16 ...... ------52676 989------52645 23 CFR 999------52646 PROPOSED RULES: 3-50 ------52676 1464 ------.-.------52647 CI. I ------52703 42 CFR PROPOSED RULES: 24 CFR PROPOSED RULES: 1861___ ------52888 1916 ------....------52868, 52869 124 ... ------52891 12 CFR 1917 ------52668, 52669, 52870-52876 45 CFR 329 --.------52857 PROPOSED RULES: 1061 ...... -52876 1917------52703-52705 52677 13 CFR 1800 ------107 ---- r------52647 28 CFR 47 CFR 52669 315 ------52648 % ...... ---- ....------73------.... 52677 ------52879 PROPOSED RULES: 71 ------14 CFR- .....---.-*- . ..----- .... 52685 2 ------.------52889 97 71 ------52857, 52858 PROPOSE o RULYS: 73 ------52858 29 CFR 95 ------52858, 52861 15-- 52705 95_. 52709 249 ------52865 PROPOSED RULES: 253 ------52658 2608------.-...... 5290 49 CFR 52866 1212 ------571... LrS: 30 CFR ------52880 PROPOSED R 52695,52696, 52889 ----..----- PROPOSED RULES: 1033-.- 52698 399 ------.------75------...... -....52890 PRoPOSE 16 CFR 77 ------52890 172- 52891 ---.. ------.-..-- 52892 571. 4------. ..------52867 32 CFR 104' .------52893 13 ------52659, 52660 890 ------52672 50 CFR 17 CFR 37 CFR 26 . .-- 52696, 52697, 52881-5283 32, 239 ------52662 PROPOSED RULES: 52884, 52885 270------. 52668 1------... -- 5270 33.-..-. ------52697,52885, 52886

FEDERAL REGISTER PAGES AND DATES--DECEMBER

Pages Dda 52643-52855 ------De. 1 52857-52975------2

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 I 52857 rules and regulations This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect most of which are keyed to and codified In the Code of Federal Regulations, which Is published under 50 titles pursuant to 44 US.C. 1510. The Code of Federal Regulations Is sold by the Superintendent of Documents. Prices of new* books are listed In the first FEDERAL REGISTER Issue of each month.

Title 5--Administrative Personnel § 71.181 [Amended] [Airspace Docket No. "6-EA--611 CHAPTER I-CIVIL.SERVICE COMMISSION 1. Amend Section 71.181 of Part 71 of PART 71-DESIGNATION OF FEDERAL PART 591-ALLOWANCES AND the Federal Aviation Regulations by des- AIRWAYS, AREA LOW ROUTES, CON- DIFFERENTIALS ignating an Easton, Pa. transition area TROLLED AIRSPACE AND REPORTING as follows: POINTS Cost of Living Allowance and Post V.STON., EA. .Differential-Nonforeign Areas Alteration of Transition Area 'That airspace extending upward from 700 On page 43185 of the FEDERAL REGISR Correction "feet above the surface within a 0.5-mlo " for September 30,, 1976, the Federal Avi- In FR Do. 76-34219 appearing at page radius of the center, 40"44'32" N., 75°14"35" W. of Easton Airport., Easton, Pa.; within an ation Administration published i pro- 51579 In the FEDERAL REGISTER of Tues- posed rule which would alter the Hor- das, November 8-m io radius of the center of the airport, 23, 1976, the following extending clockwis from a 248* bearing from nell, N.Y., Transition Area. borrectlonshould be made: the airport to a 0501 bearing from tho air- Interested parties were given 30 days On page 51582, first column, in Appen- port; within a210.5-mile radius of the center after publication in dix B in the table, the first entry "Amer- which to submit of the airport, extending clockwio from a written data or views. No Ican Samoa * * " the effective date objections to 060" bearing from the airport to a 0951 bear- the proposed regulations have been re- should read "June 8, 1975". Ing from the airport; within a 9.5-mile radius of -the center of the airport, extending ceived. In view of Title 12-Banks and Banking clockwise from a 095 bearing from the air- the foregoing, the proposed port to a 129- bearing from the airport; regulation is hereby adopted, effective within 8 miles CHAPTER Ill-FEDERAL DEPOSIT each° side of tho Allentown, 0901 GMT December 30, 1976. INSURANCE CORPORATION Pa., VOILTAC 085 radial extending from 12 miles east of the VORTAC to 20.5 mlle3 ewt (Sec. -307(a) of the Federal Aviation Act of SUBCHAPTER B-REGULATIONS AND o1958 ('12 Stat. 749; 49 ,.S.C. 1348), and sec. STATEMENTS OF GENERAL POLICY of the VORTAC. This tranition area Is effective from sunre to sunset, daily." a(c) of the Department of Transportation PARTS 329-INTEREST ON DEPOSITS Act (49 U.S.C. 1655 (c))) [FR Doc.76-35144 Filed 12-1-76;8:45 am] Keogh (HR 10) Plans Issued In Jamaica, N.YX, on Novem- Correction ber 17, 1976. [Airpace Docket No. WG-EA-C91 L. J. CsDnn u, In FRDoc. 76-34054 appearing at page Acting Director,Eastern Region. 50804, in the issue of Thursday, Novem- PART 71-DESIGNATION OF FEDERAL AIRWAYS, AREA LOW ROUTES, CON- § 71.181 [Amended] ber 18, 1976 the following correction * TROLLED AIRSPACE AND REPORTING should be made: POINTS 1. Amend § 71.181 of Part 71 of the On-page 50804, middle column, fourth Federal Aviation Regulations so as to paragraph, seventh linb, first word should Alteration of Transition Area amend the description of the Hornell, read "RAs". On page 43185 of the FmmEAL REGIS= N.Y.. transition area as follows: for Septeniber 30, 1976, the Federal Avi- Delete alt after "from a 290" bearing to Title 14-Aeronautics and Space ation Administration published a pro- a 319 be-rug from the airport." CHAPTER I-FEDERAL AVIATION ADMIN- Posed rule which would alter the Phila- [FR Dac.70-35146 Filed 12-1-76;8:45 am] ISTRATION DEPARTMENT OF TRANS- delphia, Pa., Transition Ar. PORTATION Interested parties were given 30 days ,-[Airspace Docket No. [A-irpace Docket "o. '16SO--891 76-EA-60] after publication In which to submit writ- PART 71--DESIGNATION OF FEDERAL PART 71-DESIGNATION OF FEDERAL ten data or views. No objections to the AIRWAYS, AREA LOW ROUTES, CON- 4 AIRWAYS, AREA LOW ROUTES, CON- TROLLED AIRSPACE AND REPORTING proposed regulations have been received. TROLLED AIRSPACE, AND REPORTING POINTS In view of the foregoing, the proposed POINTS Designation of Transition Area regula-ton is hereby adopted, effective Designation of Transition Area 0901 GMTIDecember 30,1976. On Page 43185-of the EDERAL REGISTR On September 20,1976, a noticeof pro- for September 30, 1976, the Federal (See. 307(a) of tho Federal Aviation Act of posed rulemaking was published In the 1958 (72 Stat. 749; 49 UMS.C. 1348). and wec.. Aviation Adminitration published a 6(c) of the Dei-artment of Transportatlon FaRAL Rramsr (41 FR 40499), stating proposed rule which would designate a. Act (49 UaC. 1655(c))) that the Federal Aviation Administration Easton, Pa., Transition Area. • was considering an amendment to Part Interested parties were given 30 days Issued in Jamaica, N.Y., on Novem- after publication In which to submit ber 17, 1976. 71 of the Federal Aviation Regulations written data or views. No objections to L".J. CAnDi ALw, that would designate the New Siyrna the proposed regulations have been Acting Director,Eastern Rcglon. Beach, Fla., transition area. ,received. Interested persons were afforded an 71.181 [Amended] In view of the foregoing, the proposed § opportunity to participate in the rule- regulation is hereby adopted, effective 1. Amend § 71.181 of Part 71 of the making through the submission of com- 0901 GMT December 30, 1976. Federal Aviation Regulations by amendments. All comments received were fa- (Sec. 307(a) of the Federal Aviation Act of Ing the description of the Philadelphla. 1958 (72 Stat. 749; 49 U.S.C. 1348), and sec. vorable. 6(c) of the Department of Transportation Pa., Transition Area as follows: In consideration of the foregoing, Part Act (49 US.C. 1655(c))) - Delete "within 2 miles each aide of the 71 of the Federal Aviation Woodstown, N.. VORTAO 330" radial," and Regulations is Issued In Jamaica, N.Y., on Novem- Insert the following In lieu thereof; "within amended, effective 0901 Gam.t., Febra- ber 17, 1976. 4.Z miles each side of the Woodstown, NTJ. ary 24, 1977, as hereinafter set forth. VORTAC 349' L. J. CADINALI radial:' In § 71.181 (41 FR 440), the following Acting Director,Eastern Region. [FR Doc.76-35145 Filed 12-1-76;8:45 am] transition area is added: FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52858 RULES AND REGULATIONS

INEW SMYRNA BEACH, FLA. in a change in the final approach course Long. 116o26'30"W.; to Lat. 3o&1'00"'N., That airspace extending upward from 700 bearings. It is necessary to alter the de- Long. 116033'30"W.; to Lat. 370100"N., feet above the surface within a 6.5-mile scription to reflect the change in bear- Long. 116034'00"W.; to Lat. 37o1l6'00"N., radius of New Smyrna Beach Airport (lat. ings. Since this amendment is minor in Long. 116'00O0"W.; to lat. 37o28'00"1N., 29*03'15" N., long. 80°56'54" W.); excluding nature, notice and public procedure Long. 11600O'00"W.: to Lat. 37028'00"N., that portion that coincides with the Daytona hereon are unnecessary. Long. 115035'00"W.; to Lat. 37o0'00".,. Beach transition area. Long. 115o35'00"W.; to Lat. 37006'00"N., In consideration of the foregoing, Part Long. 115056'O0"W.; to point of beginning, (Sec. 307(a), Federal Aviation Act of 1958 (49 71 of the Federal Aviation Regulations Designated altitudes. Unlimited. U.S.C. 1348(a)); sec. 6(c), Department of .is amended, effective 0901 G.m.t. Febru- Time of designation. Continuous. Transportation Act.(49 U.S.C. 1655(c) ).) ary 24, 1977, as hereinafter set forth. Using agency. Manager, United States Energy Issued in East Point, Ga., on Novem- In § 71.181 (41 FR 440), the Naples, Research and ,Development Administra- ber 15, 1976. Fla., transition area is amended as fol- tion, Las Vegas, Nav. PHIL lows: R-4808S LAS VECAS, NEv. M. SWATEK, ° Director, Southern Region. "* * * 0410 and 228 bearing from the Boundaries. Beginning at Lat. 38'00'00"N., (FR Doc.76-34837 Filed 12-1-76;8.A5 am] Naples IBN * * *" is deleted and "* * * Long. 116*26'30"W.; to Lat. 3041'00"N., 051 and Long 221*' beariags from the Naples RBN 11601445"W.; to Lat. 3641'00"N., (lat. 26°09'20 " N., long. 81°46'26" V.) Long. 116-26'30"W.; to point of beginning. is substituted therefor. [Airspace Docket No. 76-SO-84] Designated altitudes. Unlimited. Time of designation. Continuous. PART 71-DESIGNATION OF FEDERAL (Sec. 307(a), Federal Aviation Act of 1958 (49 Controlling agency. Federal Aviation Admin- AIRWAYS, AREA LOW ROUTES, U.S.C. 1348(a)), sec. 6(c), Department of istration, Los Angeles CON- Transportation ARTO Center, TROLLED AIRSPACE, AND REPORTING Act (49 U.S.C. 1655(c)).) Using agency. Manager, United States Energy POINTS Issued in East Point, Ga., on Novem- Research and Development Administra- ber 15, 1976. tion, Las Vegas, Nov. Alteration of Transition Area (See. 307(a), Federal Aviation Act of 108 On September 20, 1976, a notice of PHILLIP M. SWATEK, (49 U.S.C. 1348(a)); and. see. 6(o), Depart- proposed rulemaking was published in Director, Southern Region. ment of Transportation Act (40 U.S.C. 1065 (c)) .) the FEDERAL REGISTER (41 FR 40498), [FR Doc.76-34839 Filed 12-1-76;8:45 am] stating that the Federal Aviation Admin- Issued in Washington, D.C., on No- istration was considering an amendment vember 19, 1976. to Part (Airspace Docket No. 76-WE-28] 71 of the Federal Aviation Reg- WILLIAM E. ulations that would alter the Titusville, .PART 71-DESIGNATION OF FEDERAL BROADWATER, Fla., transition AIRWAYS, AREA LOW ROUTES, CON- Chief, Airspace and Air area. TraicRules Division. Interested persons were afforded an' TROLLED AIRSPACE, AND REPORTING opportunity to participate in the rule- POINTS [FR Doc.76-34840 Filed 12-1-70;8:45 am] making through the submission of com- ,PART 73--SPECIAL USE AIRSPACE ments. All comments received were SUBCHAPTER F-AIR TRAFFIC AND GENERAL favorable. Alteration of Restricted Area OPERATING RULES In consideration of the foregoing, Part The purpose of these amendments to (Docket No. 16289; Amdt. No. 95-2081 71 of' the Federal Aviation Regulations Parts 71 and 79-of the Federal Aviation PART 95--IFR ALTITUDES s amended, effective 0901 G.m.t., Febru- Regulations is to subdivide Restricted ary 24, 1977, as hereinafter set forth. Area R-4808 Las Vegas, Nev., and to des- Miscellaneous Changes In § 71.181 (41 FR1 440), the Titusvillh- ignate a portion of R-4808 as a joint use The purpose of this amendment to Fla., transition area is amended, to read: restricted area. The area encompassing Part 95 of the Federal Aviation Regula- airspace at or above 14,500 feet MSL is That airspace extending 'upward from 700 tions (14 CFR Chapter I) is to make included in the continental control area. changes in the IFR altitudes at which feet above the surface within an 8.5-mile The changes will not alter the external radius of the Titusville-Cocoa Airport (lat. all aircraft shall be flown over a speci- 28*30'42' N., long. 80°48'00" W.); within an- dimensions nor the present altitude des- fied route or any portion of a route. 8.5-mile radius of Kennedy Spaceport (lat. ignation. The using agency will remain LThese altitudes, when used in conjunc- 28136'531 N., long. 80*41'41" W.)'. the same as will the time of designation tion with the current changeover points (See. 307(a), Federal Aviation Act and scheduled activities. The joint use for theroutes of 1958 (49 change or portions of routes, also U.S.C. 1348(m)); see. 6(c), Department of will provide more flexible air- assure navigational coverage that Is ade- Transportation Act (49 U.S.C. 1655(c)).) space management and increase the re- quate and free lease of airspace when it is not in use by of frequency interference. Issued In East Point, Ga., on Novem- the using agency. Since situations exist which demand ber 15, 1976. Since subdivision of a restricted area immediate 'action in the, interest of PHILLIP M. SWATEK, is a minor amendment upon which the safety, I find that compliance with the Director, Southern Region. public is not particularly interested and notice and procedure provisions of the [FR Doc.76-34838 Filed 12-1-76;8:45 am] the action results in increased avail- Administrative Procedure Act Is im- ability of airspace to the public, notice practicable and that good cause exists and public procedure thereon are deemed for making this ameridment effective [Airspace Docket No. 76-SO-102] unnecessary. within less than 30 days from publica- PART 71-DESIGNATION . OF FEDERAL In consideration of the foregoing, Parts tion. AIRWAYS, AREA LOW ROUTES, CON- 71 and 73 of the Federal Aviation Reg- (Sees. 307 and 1110 of the Federal Aviation TROLLED AIRSPACE, AND REPORTING ulations are amended effective 0901 Act of 1958 (49 U.S.C. 1348 and 1510); and POINTS G.m.t., December 30, 1976, as hereinafter sec. 6(c) of the Department of Transporta- tion Act (49 US.C. 1655(c)).) Alteration of Transition Area set forth. , 1. Section 71.151 (41 FR In consideration The, purpose of this amendment to 345) is of the foregoing and amended as follows: "R-4808S Las Vegas, pursuant to the authority delegated to Part 71 of the Federal Aviation Regula- Nev." is added. me tions is to alter the Naples, Fla., transi- by the Administrator (24 FR 5662), tibn area. 2. In § 73.48 (4f FR 681) the descrip- Subpart C of Part 95 of the Federal tion of "R-4808 Las Vegas" is deleted and Aviation Regulations is amended as fol- The Naples transition area is de- the following lows, effective on December 1, 1976. scribed In § 71.181 (41 FR 440). In the is added: R-4808N LAS VEGAS, NEv. Issued in Washington, D.C., on No- description, extensions are predicated on vember 19, 1976. the 041" and 228" bearings from tl~e Boundaries. Beginning at Lat. 36-41'00"N., Naples RBN. The Naples RBN Long. 115*56'00"W.; to Lat. 36-11'00"N., LEROY A. XEITHI, is being Long 1.16*14'45"W.; to Lat. 36046'00"N., Acting Chief, relocated on the airpertwhich will result Long. 116o26'30"W.; to Lat. 36o51'00"N., Aircraft ProgramsDivision.

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 RULES AND REGULATIONS 62859

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§95.7024 JET ROUTE NO. 24 is a.ened to delete: FROM TO MEA JA Hill City, Kans. VORTAC Saina, Kans. VORTAC 180MO 45000

§95.7024 JET ROUTE HO. 24 is menaied y adding: FROM TO REA MAM Kiowa, Colo. VORTAC Hugo, Colo. VORTAC 18000 45000 Hugo, Colo. VORTAC Hays, Kans. VORTAC 18000 45000 Hays, Kans. VORTAC Salina, Kans. VORTAC 1800 45000

§95.7030 JET ROUTE NO. 301s amended to delete: FROM TO MEA MA Joliet, III. VORTAC o Ft. Wayne, Inl. VORTAC 1800J 45000 Ft. Wayne, Ind. VORTAC Appleton, Obio VORTAC 180 45%-0

§95.7030 JET ROUTE NO.30 Is amended by adding: FROM TO MEA MA Joliet, Ill. VORTAC Appleton, Ohio VORTAC 180-00 45C0

§95.7036 JET ROUTE HO. 36 is omended byadding: FROM TO MEA J.AA Mullen Pass, Mont. VORTAC Great Falls, Mont. VORTAC 18000 45C40 Great Falls, Mont. VORTAC INT 073 M rad Great Falls 1800 45000 VORTAC & 280 M rod Miles City VORTAC INT 073 M rod Great Falls VORTAC Diciinson, H.D. VORTAC 12SC00 45000 & 280 M rad Miles City VORTAC IMEA is eslatlished with a gap in navigation signal coverage.

§95.7063 JET ROUTE 80. 63 is amended to read In palt: FROM TO MEA MAA Tunno INT, N.Y. Kenncly, N.Y. VORTAC 24G00 45000

§95.7136 JET ROUTE NO. 136 Is amended by adding: FROM TO MAEA MM 5polcone, Wash. VORTAC Mullen Pass, Mont. VORTAC 18000 45000 Mullen Pass, Mont. VORTAC Billings, Mont. VORTAC 310C00 45000

§95.7151 JET ROUTE 1O. 151 Is emended by adding: FROM TO JAEA JA Whitehall, Mont. VORTAC Billings, Mont. VORTAC 18000 45000

§95.7154 JET ROUTE HO. 154 Is anendediy adding: FROM TO EA MA Sacramento, Calif. VORTAC Battle Mountain, Hev. VORTAC 29000 4500

§95.7158 JET ROUTE NO. 158 Is amended y adding: FROM TO REA Malad City, Ida. VORTAC Casper, Wyo. VORTAC JM Casper, Wyo. VORTAC Rapid City, S.D. VORTAC 11000 45O45000 Rapid City, S.D. VORTAC Aberden, S.D. VORTAC 11000

§95.7174 JET ROUTE HO. 174 is ocmede it read in ?ar: FROM TO REA MAM Hyannis, Mass. VORTAC Heen INT, Mass. um0 4500

FEDERAL REGISTER, VOL 41, NO. 233---THURSDAY, DECEMJE 2, 1976 RULES AND REGULATIONS

§95.7178 JET ROUTE HO. 178 is added to read: FROM TO MEA MAM Fort Wayne, Ind. VORTAC Appleton, Ohio VORTAC 18000 45000

§95.7196 JET ROUTE NO. 196 is added to read: FROM - TO MEA MAA Bryce Canyon, Utah VORTAC Meeker, Colo. VORTAC 33000 45000

§95.7197 JET ROUTE NO. 197 is added to read: FROM TO MEA OAA0 Gunnison, Colo. VORTAC Goodland, Kans. VORTAC 32000 45000 Goodland, Kans. VORTAC Wolbach, Neb. VORTAC 18000 4500 Wolbach, Nab. VORTAC -Sioux Falls, S.D. VORTAC 18000 45000

§95.7198 JET ROUTE NO. 198 is added to read: FROM TO MEA MA Linden, Calif. VORTAC Mina, Ney. VORTAC 23000 45000 Mina, Nev. VORTAC Wilson Creek, Ney. VORTAC 18000 45000 Wilson Creek, lev. VORTAC Meeker, Colo. VORTAC 33000 45000 §95.7199 JET ROUTE 1O. 199 is added to rgad: FROM TO MEA MAA Wilson Creek, Hey. VORTAC Delta, Utah. VORTAC 18000 45000 Delta, Utah VORTAC Meeker, Colo. VORTAC 33000 45000

§95.7200 JET ROUTE HO. 200 is added to read: FROM TO MEA MA Linden, Calif. VORTAC INT 004 Mrod Linden VORTAC 18000 45000 & 029 M rod Sacramento VORTAC INT 004 Mrod Linden VORTAC Battle Mountain, Ne,. VORTAC 29000 45000 & 029 M rod Sacramento VORTAC

§95.7201 JET ROUTE NO. 201 is added to read: FROM TO MEA MAA Myton, Utah VORTAC INT 040 Mrod Myton VORTAC 29000 45000 & 068 Mrod Rock Springs VORTAC INT 040 Mrod Myton VORTAC Scottsbluff, Nab. VORTAC 18000 45000 & 068M rod Rock Springs VORTAC

§95. 7202 JET ROUTE NO. 202 is added to read: FROM TO MEA MAA Fairfield, Utah VORTAC Rock Springs, Wyo. VORTAC 20000 45000 Rock Springs, Wyo. VORTAC Casper, Wyo. VORTAC 18000 45000

§95.7203 JET ROUTE NO. 203 is added to read: FROM TO MEA MM Billings, Mont. VORTAC Great Falls, Mont. VORTAC 18000 45000

§95.7204 JET ROUTE 110. 204 is added to read: FROM TO MEA MA Dupree, S.D. VORTAC Miles City, Mont. VORTAC 1800O 45000 Miles City, Mont. VORTAC Great Falls, Mont. VORTAC 18000 45000

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 RULES AND REGULATIONS 52,365 by an authorized representative of the 5953509 JET ROUTE HO. 509 is added Is feeJ: Board: FROM TO M.A MAA (1) All receipts and statements of U.S. Canadian, Border Houlton, Me. VOR 1800 450) travel agents and all other documents Houlton, Me. VOR U.S. Canadian Border 1e0i0 45CO,) which evidence or reflect deposits made by each charter participant; §95.7524 JET ROUTE NO. 524 Is added to fead: (2) All receipts and statements of FROM TO MEA J.AA travel agents and all other documents Levit INT, N.Y. U.S. Canadian Border 18000 450,2 which evidence or reflect commissions received, paid to, or deducted by travel §95.7553 JET ROUTE MO. 553 is amended to eod: agents In connection with the charter or FROM TO REA s&eries of charters; and Peck, Mich. VORTAC U.S. Canadian Border 18000 4500 (3) All statements, Invoices, bills, and receipts from suppliers for furnishing of goods or services In connection with the §95.7561 JET ROUTE HO. 561 is added to read: of charters. Presque Isle, Me. VORTAC . U.S. Canadian Border 180D0 400 charter or series (Sec. 204(a), 402 and 407 of the Federal §95.7570 JET ROUTE HO. 570 is amended to read: Aviation Act of 1958. as amended; 72 Stat- FROM TO - MEA MA '743, 757. and 7C6; 49 U.S.C. 1324, 1372, and Albany, N.Y. VORTAC U.S. Canadian Border 1801' 45X0 13"7.) By the Civil Aeronautics Board. §95.7582 JET ROUTE HO. 582 is amended to read: FROM TO MEA MAA PHrLLis T. K7AYoa, Presque Isle, Me. VORTAC U.S. Canadian Border 1800 45j*3 Secretary. 2"orz.-Tho record3 maintenance require- 2. -By amending Sub-part D as follows: ments in Section 249.9(a) have been approved by the US. General Accounting Office §95.8003 YOR FEDERAL AIRWAY CHAHGEOVER POl HTS under number B-180226 (RO295). AIRWAY SECGMENT CHANGEOVER POINT FR Doc.'Z-35455 Filed 12-1-7;8:45 am] FROM - TO DISTANCE FROM Dubois, Ida. VOR Dunoir, Wyo.VOR 68 Do;$ Dunoir, Wyo. VOR Boysen Reservoir, Wyo. VOR i5 Durnir IP.ez. ER-T7. .Amdt. 26. Docket No. 288521 Dunoir, WYo.VOR Riverton, Wyo. VOR IS Duroir PART 249-PRESERVATION OF AIR CAR- Via S alter ViaS alter RIER ACCOUNTS, RECORDS, AND [PR Doc.76-35143 Piled 12-1-76;8:45 am] MEMORANDA Editorial Amendment CHAPTER I-CIVIL AERONAUTICS 1. Amend 10.249.2 by adding a defini- Adopted by the Civil Aeronautics BOARD tion of "charter operator" to read as fol- Board at Its office in Washington, D.C.. SUBCHAPTER A-ECONOMIC REGULATIONS lows: October 27, 1976. [neg. ER-976, Amdt. 25, Docket No. 28852] § 249.2 Definitions. Effective: January 1, 1977. PART 249--PRESERVATION OF AIR CAR- For the purposes of this part: Adopted: October 27,1976. RIER ACCOUNTS, RECORDS, AND By notice of proposed rulemaking MEMORANDA "Charter operator" means: (1) any EDR-94/SPDR-42/ODR-12, 41 FR 7417 Preservation of Records ByAdvance citizen of the United States, as defined In (February 18, 1976) the Board proposed Booking Charter Operators section 101(13) of the Act (other than a adoption of a new Special Regulation (14 direct Adopted by the Civil Aeronautics air carrier) who is authorized CFR Part 371), establishing a new class under the provisions of Part 371, to en- of charter to be designated an Advance Board at its office in Washington, D.C, gage In the formation of groups for Booking Charter (ABC), along witlrvar- September 1,1976. transportation on Advance Booking ious Implementing amendments to other Effective: January 1.1977. Charters; or (2) any person not a citizen regulations, Including Part 249 (14 CFR Adopted: September 1,1976. of the United States, as deflneC In section Part 249). By SPR-110, 41 FR 3,7763 101(13) of the Act (other than a direct (September 8, 1976) the Board adopted By Notice of Proposed. Rulemaking foreign air carrier) who Is engaged in the its ABC proposal, and simultaneously EDR-294/SPDR-42/ODR-12, 41 FR 7417 formation of groups for transportation issued rules adopting the proposed im- (February 18, 1976) the Board proposed on Advance Booking Charters which plementing amendments, including ER- adoption of a new Special Regulation (14 originate in the United States in ac- 976, amending Part 249. CFR Part 371) establishing anew class of cordance with the provisions of Part 371, However, by inadvertence, the text of charter to be designated as an Advance and who holds a permit Issued pursuant the amendment to 1249.9(a), as set Booking Charter. At the same time, the to section 402 of the Act authorizing such forth In ER-976, did not accurately re- Board proposed various implementing transportation. flect the language of the proposed amendments to other of its Economic § 249.9 [Amended] amendment set forth in EDR-294/SPDR- Regulations, including Part 249 (14 CFR 2. Amend § 249.9 by revising para- 42/ODR-12. The purpose of this amend- graph (a) to read as follows: ifient is to make the appropriate edi- Part 249). By SPR-1I0, issued September torial correction. 1, 1976 the Board adopted its proposal to This editorial amendment is issued by authorize Advance Booking Charters, Ca) Every charter operator (as de- the undensigned pursuant to delegation and,for the reasons set forth therein,has fined in section 249.2) conducting a of authority from the Board to the Gen- charter or series of charters pursuant to eral Counsel In 14 CFR 385.19, and shall decided to adopt the proposed amend- Part 371 of this chapter shall retain for ments to Part 249. Accordingly, In con- become effective on January 1, 1977. two years after completion of a charter Procedures for review of the amendment sideration of the foregoing, the Board or a series of charters true copies of the are set forth in Subpart C of Part 385 hereby amends Part 249 of its Economic following documents at its principal or (14 CFR 385.50 through 385.54). Regulations (14 CFR Part 249) effective general office in the United Statei and Accordingly, the Board hereby amends January 1,1977, as follows: shall make them available upon request § 249.9 of its Economic Regulations (14

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52866, RULES AND REGULATIONS

CFR 249.9) by revising paragraph (a) as Privacy Act and amending 14 follows: CPR Chap- and (2) relating to keeping and main- ter V Part 1212 are here] y adopted as 'tatning a disclosure accounting; (c) (4) § 249.9 Period of preservation of rec- proposed. (A) through (F) relating to publishing ords by-tour operators, study group Effective date: These an annual system notice setting forth charterers, overseas military c langes are ef- person- fective as of November 22, 11976. name, location, categories of individuals nel. charter operators, and travel and records, routine uses, and policies group charter operators. Dated: November23, 1976. regarding storage, retrievability, access (a) Every tour operator (as defined in DUWAPU L. CROW, controls, retention and disposal of the § 249.2) conducting" a tour or series of Associate Deputy Ad ministrator. records; (e) (6), (7), (9), (10) and (11) tours pursuant to Part 378 or Part 378a relating to agency requirements for of this chapter or every charter operator § 1212.500 [Amended] maintaining systems; and '(1) relating (as defined in § 249.2) conducting a 1. Add the following paaragraphs (d) to criminal penalties. charter or series of charters pursuant to and (e) at the end of § 1212.500: (2) Reasons for exemption. The deter- Part 371 of this chapter shall retain for mination to exempt this system of rec- two ords has been years after completion of a tour or (d) Copies of all current made by the Administrator a series of tours, or of a charter or series -NASA system of NASA in accordance with 5 U.S.C. 552 of charters, notices as well as a copy of these regula- a(J) and this Subpart 7 for the reason true copies of the following tions shall be documents at its principal or general maintained for public ac- that the Inspection Division of the Of- office cess and Inspection in each NASA Infor- fice of Inspections and Security, NASA,' in the United States and shall mation center (see 14 CF make them available upon request by an .R. Part 1206, is a component of NASA whichp.erforms authorized representative Subpart 4 for the location of NASA in- as Its principal function activity pertain- of the Board: formation centers). An i (1) All receipts and statements of dividual may lug to the enforcement of criminal laws, travel 'address any inquiries conccerning NASA within the meaning of 5 U.S.C. 552a(J) agents, and all other documents systems of Prrivacy which evidence or reflect deposits made records and regula- (2). by each charter participant or tour par- tions to the appropirate N ASA informa- (b)- Security Records System (NASA tion center at the addresss set forth in 1OSECR) ticipant; 14 CFR (2) All receipts and statements of Part 1206, Subpart 4. (1) Sections of Act from which ex- travel agents, and all other documents (e) Responses to requests made In ac- empted. The Security Records System Is which cordance with this sectioni should nor- exempt from the following sections of evidence Or reflect commissions mally be made received by, paid to, or deducted by within 10 working days the Privacy Act (5 U.S.C. 552a): (c) (3) travel agents in connection of receipt of the request by the approprl- relating to access to the disclosure ac- with the tour ate system manager. or series of tours, or with the charter If th Isis not pos- counting; (d) relating to access to the or series of charters; and - sible, the request should be acknowledged records; (e) (1) relating to the type of in- within the 10-day period anidthe individ- formation (3) All statements, invoices, bills, and maintained in the records; ual informed as to when he may expect (e) (4) (G), (H) and (I) relating to receipts from suppliers for furnishing-of a response. goods or services in connection with the publishing In the annual system notice tour or series of tours, or with the char- § 1212.506 [Amended] information as to agency procedures for ter or series of charters. access and correction, and Information 2. Add the following pan graph (d)-at as to the categories of sources the end of § 1212.506: of rec- (Sees. 204(a) ana ords; and (f) relating to developing 407 of the Federal Aviation * * agency Act of 1958, as amended, 72 Stat. 743, 766 rules for gainifig access and mak- (49 U.S.C. 1324, 1377).). (d) In the event a request for access ing corrections. to a record under this sub] art is denied (2) Reasons for exemption. The deter- By the Civil Aeronautics Board. for any reason or access Iss not granted mination to exempt this system of rec- JAMES C. SCHULTZ, within 30 working days of receipt of the ords has been made by the Administra- General Counsel request, the individual sh all have the tor of NASA in accordance with 5 U.S.C. right to appeal. Such an arppeal shall [FR Doc.76-35457 Filed 12-1-76;8:45 am] be 552a(k) and this Subpart 7 for the fol- filed and processed under Ihe provisions lowing reasons: of 8§1212.603-607 of thlis Part. In (A) Personnel Security Records con- CHAPTER V--NATIONAL AERONAUTICS any determination by a sys tem manager tained in the system of records which AND SPACE ADMINISTRATION denying an individual's request for ac- are compiled solely for the purpose of cess made under this sectioni, the individ- determining suitability, eligibility or PART 1212-PROTECTION OF PERSONAL ual shall be informed in u ilting of- qualifications for Federal civilian cm- PRIVACY (1) The reasons for the refusal; and ployment, Federal contracts, or access to Privacy Act Regulations (2) The procedures to be followed to classified information are exempt under request a review of the reefusal by the The NationAl Aeronautics and Space the provisions of 5 U.S.C. 552a(k) (6), Administration Administrator or his desiginee, including but only to the extent that the disclosure (NASA) published on the mailing address (see § 1212.603). of page 43200 of the FEDERAL REGISTER of such material would reveal the Iden- September 30, 1976, a Notice of Proposed 3. Add the following § I 212.701 under tity of a confidential source. Rulemaking setting forth proposed Subpart 7: (B) Criminal Matter Records are con- changes to regulations implementing the § 1212.701 Systems of lRecords for taned in the system of records and are Privacy Act of 1974, Pub. L. 93-579, 88 which exemptions applyy. exempt under the provisions of 5 U.S.C, Stat. 1896. Public comment was invited Exemptions have been invoked, in 552a(k) (2) to the extent they constitute and interested persons were given until compiled for law accordance with § 1212.700,ords*for the fol- investigatorynocmn materialupss November 15, 1976, to submit comments lowing NASA systems of rec or enforcement purposes. regarding the proposed changes. No such (a) Inspections Divisior Case Files (C) The system of records Includes comments were received. (NASA 101DCF) records subject to the provisions of 5 Therefore, pursuant to the authority (1) -Sectionsof the Act Iram which ex- U.S.C. 552(b) (1) (required by Executivo vested by section 203(c) of th&National empted. The Inspections I)ivision Case order to be kept secret In the Interest of Aeronautics and Space Act of 1958, as Files system of records is exempt from national defense or foreign policy), and amended, 72 Stat. 429, 42 U.S.C. 2473(c), all sections of the Privacy Act (5 U.S.C. such records are exempt under 5 U.S.. and 5 U.S.C. 552a, the proposed changes 552a) EXCEPT the follow re;g:(c) )re- 52a(k) (1). -to NASA's regulations implementing the lating to conditions of disclo3sure; (c) (1) [FR Doc.764W 1ftled 12-1-70;8:45 am]

FEDERAL REGISTER, VOL. 41, NO. 233--THURSDAY, DECEMBER 2, 1976 RULES AND REGULATIONS 5M87 ! Therefore, Dursuant to section 202(d Title 16-Commercial Practices being or other animal and either (a) Abuse Pre- contains no narcotic controlled sub- of the Comprehensive Drug CHAPTER I-FEDERAL TRADE In such a form ventlon and Control Act of 1970 (21 stances and is packaged and under the authoritsr COMMISSION concentration that the package quan- U.S.C. 812(d)), or vested In the Attorney General by sec- SUBCHAPTER A-PROCEDURES AND RULES OF tity does not present any significant PRACTICE _, potential for abuse, (b) contains either tions 301 and 501(b) of the Act (21 PART 4-MISCELLANEOUS RULES a narcotic or non-narcotic controlled U.S.C. 821 and 871(b)) and delegated substance and one or more adulterating to the Administrator of the Drug En- Public Records, Confidential Informatlon, or denaturing agents In such a manner, forcement Administration by, and In ac- and Freedom of Information Act Requests or combination, quantity, proportion with, Regulations of the De- On February 21, 1975, the Federal that the preparation or cordance concentration, of Justice (Title 28 of the Code Trade Commission published in the Fzm- mixture does not present any potential partment ERAL REGmSE (40 CFR 7628) its revised for abuse, or (c) the formulation for of Fede al Regulations, Part 0). the rules relatingto requests for disclosure of such preparation or mixture Incorporates Administrator of the Drug Enforcement records. On May 29, 1975, the Commis- methods of denaturing or other means Adminstration hereby orders that Part sion published (40 FR 23278) certain so that the controlled substance cannot 1308 of Title 21 of the Code of Federal provision governing and therefore amendments to the in practice be removed, Regulations be amended as follows: from Congressional committees or mixture does not pre- requests the preparation by adding and federal government agencies. In sent any signficant potential for abuse. a. By amending § 1308.21W order to clarify and expedite'the proce- The Administrator further finds that the following chemical preparations: dure to be followed by non-federal gov- "exemption of the following chemical § 1308.24 Exempt chemical prepara- ernment agencies in requesting C6mms- preparations and mixtures is consistent ( tDon. sion records, the Commission, pursuant with the public health and safety as well to 15 U.S.C. 41 et seq. and 5 U.S.C. 552, as the needs of researchers, chemical (D S 5" amends § 4-11(b) by revising paragraph analysts, and suppliers of these products. <2), as follows: . Fain of pMdut Date of 4.11 Requests for disclosure of rec- Manufactu,' Product name and supplIces' c,&a!g No. § or supplies 2lPEsatn ords. *eo.Dickinson& Ilne Ecx I-k )I.--- Olam ThIas or tanpulm May WC,1575 Co. SebwarJian 1m3l., 1ml.aL (b) Requests from government age-, Division. committees. * . 2LEG cies and congressional BIo-RadILb...... lrumaunThymdSt mt i~gEIt. . Xit: 2C ta, ICCtest, Iuly (2) Requests from agencies of the fed- TSML. Vla: 19c Do. eral government should be addressed to Do.. Todine-12i the liaison officer for the requesting agen- * Do ..... naiblt Artl.TS _..___do__ Do. or, if there is none, to the General cy Do-...... ImmoblW-md Goat AntlRabblt Gamma -do- Do. Counsel for determination. Requests from Globulin. Do. non-federal agencies should be addressed Do.------_Do ...... - . BarbitalBsrbital BuffrBuffer- powder-----_ _ _ Pryt:bottla:250co-.-- Da. Is deter- to the General Counsel. If"it Do----- Quantimune Radlotrmmea=y T-1 Tracer, VW:h0cv. Do.. mined that the records are not exempt Iodine-ES. Bindlng Res^ent, Tdln-l=_ Bottl:.3 mL....." . -- DO- 5 U.S.C. 552(b), the request shall Do.- _- T.4 Campetitlve under rF Lsbs---..-.-- llarbitnl/ANS Buffer.-..... Polyethylrna vl: 4 oz--. Anr 20.57 If it is determined that the TIu nlolrar s.yLtCin MIM ln 1~5L300ml, 6inI- . 1575 be granted. Hoffmana-La Roche. Abusarca Posltve Ufeaontr-l. are exempt, the matter shall be In. Metabollte records INC Medical Diag. RIA-TEK T4 XRt.. _Kit: 10 tcm-s...-.- Apr. 20,193 to the Commission for final nostles Products, forwarded Da.Do. determination. Do...... L.ThyroxIne S--d--rd Y 1m., . ,Tbyroxlne Standsrd 5"_d______- Do. Do- -...... D...... Effective date: This amendment is ef- Do ...... ThyroIne Standard "I2 .. ...- d-.... Do...... L.Tbyroxlaa Standard '"2111 __ ------_ Do- fective December 2,1976. Do---... 125 l.Tb xne (I2I4)ANS__ __ VW: 10L... __ Do. Do...... Rabbit tIl.ThyroxIne Scrm (T-4 Firit Ant- _.ddo. - Do. By direction of the Commission dated Do-.Z.... _ -EK T . . KIt: 100 tezts... Do. 24, 1976. November Do...... Strile I erot Ncnmal Rabbltl.dlum Bl.,bla "0ml-----1 Do. CHARLES A. TOBI2r, talDutter. DoGa...... Ot AnU.l abblt Scrrm ('T-3Secand Anti. Vh* 5mL.. - Do. Secretary. body). lmL . M.by 2,1576 F'led 12-1-76;8:45 am] Ledeel e-abs.....--fU---- Coem Control-DIfud, ) L.sel1liZ. [WE Doc.76-35380 Nuclear Dincuostlcs, TET~ttA-STA2r~ n'tcnt, cialo Nos BottIoZn: 1.~14zn1~ SUIy 1,15745 LD0. (UJI1.O121 Do-.----'.. TETRULA-STAT~T9Duff er cata"o No. 0T~AB... Bottlo: 310za _ Do. Title 21-]Food and Drugs Utak Labs_ _ Toxienloy SmCotoDLd. esta!cg Nee. Bottltn 10n2.=..I... 3ay, 21,15f7G 44515 44846, 4147, 44618. CHAPTER Il-DRUG ENFORCEMENT AD- Do.....Toleo dre &introl-Drle, ,zi!e.No. D]tl: I oz...__ ... Do. MINISTRATION, DEPARTMENT OF JUS- ..... 4 ~51, 4421_, 442. ,_, TICE E. R. Squibb&Z Sons,, Anol t't, ldrr.ntC Amber polystyren vil My2,17 No. 0WM12 210 tabets perv1aL. PART 1308--SCHEDULES OF Inc. CONTROLLED SUBSTANCES 1308.24(1) by deleting the following chemical preparations: Exempt Chemical Preparations b. By amending § En- The Administrator of the Drug Manufacture Prouct name and ruppNe's c taloZ No. Form of prcdazt Date of forcement Administration has received or supplie applicatfon applications pursuant to § 1308.23 of Title 21 of the Code of Fedel Regula- Abbott Labs...... --- CE--.Armriate , NDC 04-023-z.1 NDC Foil souch: 43 by 4 in, Mar. 24,1575 chemical "tions requesting that several -offmnnn-LaRloche, Abuzere n ?u'ad1-Izazmnmu~ yfr Ccalz bY In.b. 6,1W preparations containing controlled sub- Inc. Mctabolte Pr"lere Urine Control. stances be granted the exemptions provided for in § 1308.24 of Title 21 of the Code of Federal Regulations. any findings of fact or conclusions of law The Administrator hereby finds that Effective date: This order is effective the Ad- December 2, 1976. Any person interested upon which the order Is based, each of the following chemical prepara- ministrator shall immediately suspend is intended for may file written comments on or obJec- tions and mixtures on or before Janu- the effectiveness of the order until he laboratory, industrial, education, or tions to the order application in light ary 26,1977. If any such comments or ob- may reconsider the special research purposes, is not Intended of the comments and objections filed. for general administration to a human jections raise significant Issues regarding

FEDERAL REGISTER, VOL 41, NO. 233--lHUSDAY, DECEMBER 2, 1976 52868 RULES AND REGULATIONS

Thereafter, the- Administrator shall re- must be based on knowledge of changed develop criteria for flood plain manage- instate, revoke or amend his original or- conditions or new scientific or technical ment. In order for the community to der as he determines appropriate. data. All interested parties are on notice continue participation in the National Dated: November 22, 1976. that until the 90-day period elapses, the Flood Insurance Program, the commu- Administrator's new determination of nity must use the modified elevations to PETER B. BENSINGER, elevations may itself be changed.. carry out the flood plain management Administrator, Any persons having knowledge or measures of the Pr~gram. These modified Drug Enforcement Administration. wishing to comment on these changes elevations will also be used to calculate [FR Doe.76-35355 Filed 12-1-76;8:45 am] should immediately notify: the appropriate flood insurance premium rates for new buildings Mr. Dayton.L. Cook, Director, Department of and their con- Title 24-Housing and Urban Development, Transportation and Environmental Serv- tents and for the second layer of insurance on existing buildings and contents, CHAPTER X-FEDERAL INSURANCE ices, City of Alexandria, 125 North Royal Street, Alexandria, Virginia 22314. - From the date of this notice, any per- ADMINISTRATION son has 90 days in which he can request SUBCHAPTER B-NATIONAL FLOOD Also, at this location is the map show- through the community that the Federal INSURANCE PROGRAM ing the new base flood elevations. This Insurance Administrator reconsider the [Docket No. P1-2134] map is a copy of the one that will be changes. Any request for reconsidera- printed. The numerous changes made in tion must be based on knowledge of PART 1916-CONSULTATION WITH the base flood elevations bn the Alex- LOCAL OFFICIALS changed conditions or new scientiflo or andria Flood Insurance Rate Map make technical data. All interested parties are Change Made in Determinations of City of it administratively infeasible to publish on notice in this notice all of the base flood that until the 90-day period Alexandria, Virginia, Base Flood Eleva- eleva- elapses, the Administrator's new deter- tion; Correction tion changes contained on the Alexandria mination of elevations may itself be The notice of changes made in deter- map. changed, minations of the City of Alexandria, Vir- (National Flood Insurance Act of 1968 (Title Any persons having knowledge or ginia, base flood elevations-published'on XIII of Housing and Urban Development Act wishing to comment on these changes 41 FR of 1968), effective January 28, 1969 (33 Fn Wednesday, October 6, 1976, in 17804, November 28, 1968), as amended, (42 should immediately notify: 44037 is hereby corrected to read: U.S.C. 4001-4128); and Secretary's delegation Mr. John Cowley, Qeneral Manager, City of On June 25, 1976, at 41 FR 26418, the of authority to Federal Insurance Adminis- Pensacola Beach, Santa Rosa Island Au- Federal Insurance Administrator pub- trator 34 F.R. 2680, February 27, 1969, as thority, P.O. Box 9008, Pensacola Bench, lished a list of communities with Special amended by 39 F.R. 2787, January 24, 1974.) Florida 32661. Flood Hazard Areas. The list included Flood Insurance Rate Maps for portions Issued: November 11, 1976. Also, at this location Is the map show- of Alexandria, Virginia. HOWARD B. CLARK, ing the new base flood elevations. This The Federal Insurance Administra- Acting Federal map is a copy of the one that will be tion, after consultation with the Chief Insurance Administrator. printed. The numerous changes made in the base flood elevations on the City of Executive Officer of the community, has iFR Doo.76-35464 Filed 12-1-76,8:45 am] determined that it is appropriate to Pensacola Beach Flood Insurance Rate modify the base (100-year) flood eleva- Map make it administratively infeasible to publish In this notice all of the base tions of some locations in Alexandria. [Docket No. F1-2134] These modified elevations are currently flood elevation changes contained on the in effect and amend the Flood Insurance PART 1916--CONSULTATION WITH City of Pensacola Beach, Florida map. Rate Map, which was in effect prior to LOCAL OFFICIALS (National Flood Insurance Act of 1968 (Title XIII of Housing and Urban Development Act this determination. A revised rate map Changes Made in Determinations of City of be published as soon as possible. The of 1968), effective January 28, 1969 (33 M- will Pensacola Beach, Santa' Rosa Island 17804, November 28, 1968). as amended, (43 modifications are made pursuant to Sec- Authority, Florida Base Flood Elevations U.S.C. 4001-4128); and Secretary's tion 206 of the Flood Disaster Protec- delegation - On June of authority to Federal Insurance Admils- tion Act of 1973 (Pub. L. 93-234) and 25, 1976, at 41 FR 26405, the trator 34 FZ 2680, February 27, 1969, ais are in accordance with the National- Federal Insurance' Administrator pub- amended by 30 FR 2787, January 24, 1974) Flood Insurance Act of 1968, as amended, lished a list of communities with Special (Title XIII of the Housing and Urban Flood Hazard Areas. The list included - Issued: November 15, 1976. Development Act of 1968, Pub. L. 90-448) Flood Insurance Rate Maps for portions HoWARD B. CLARN, 42 U.S.C. 4001-4128, and 24 CFR Part of the City of PensaCola Beach, Florida. Acting Federal 1916. The FederalInsurance Administration, Insurance Administrator. after consultation with the For rating purposes, the new com- Chief Execu- IFR Doc,76-35460 Filed 12-1-768:45 munity number is 515519A, and must be tive Officer of the community, has de- alul used for all new policies and renewals. termined that it is appropriate to modify Under the above-mentioned Acts of the base (100-year) flood elevations of [Docket No. EI-21341 1968 and 1973, the Administrator must some locations in the City of Pensacola develop criteria for flood plain manage- Beach. These modified elevations are PART 1916-CONSULTATION WITH ment. In order for the community to concurrently in effect and amend the Flood LOCAL OFFICIALS tinue participation in the National Flood Insurance Rate Map, which was In ef- Changes Made In Determinations of Narra- Insurance Program, the community fect prior to this determination. A re- gansett, Rhode Island, Base Flood Ele- must use the modified elevations'to carry vised rate map will be published as soon vations out the flood plain management meas- as possible. The modifications are made On June 25, 1976, at 41 FR pursuant to Section 206 of the 26415, the ures of the Program. These modified Flood Federal Insurance Administrator pub- Disaster Protection Act of.1973 (Pub. L. lished a list of communities elevations will also be used to calculate 93-234) and are in accordance with the with Special the appropriate flood insurance Flood Hazard Areas. The list included premium National Flood Insurance Act of 1968, Flood Insurance Rate Maps for portions rates for new buildings and their con- as amended, (Title XII of the Housing of Narragansett, tents and for the second layer of insur- and 'Urban Development Act of 1968, The Federal Insurance Administration, Pub. L. 90-448) 42 U.S.C. 4001-4128, and after consultation ance on existing buildings and contents. 24 CFR Part 1916. " with the Chief Execu- From the date of this notice, tive Officer of the community, has deter- any per- For rating purposes, the new commu- son has 90 days in which he can request mined that It is appropriate to modify nity number is 125138A, and must be used the through the community that base (100-year) flood elevations of the Federal for all new policies and renewals. some lbcatons in Narragansett. These Insurance Administrator reconsider tie Under the above-mentioned Acts of modified elevations are currently In ef- changes. Any request for reconsideration 1968 and 1973, the Administrator must fect and amend thdFlood Insurance

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 RULES AND REGULATIONS 52869

Rate Map, which was in effect prior to lished a list of communities with Special AdalnIsrator 34 F 2680, February 27,1969, this determination. A revised rate map Flood Hazard Areas. The list included as amended by 39 FR 2187, January 24,1974-) will be published as soon as possible. The Flood Insurance Rate Maps for portions Iss-ued: November 15,1976. modifications are made pursuant to Sec- of Brazorla County, which became the tion'206 of the Flood Disaster Protection Village of Oyster Creek in November, 3. ROBERr HUNTERx, Act of 1973 (Pub. L. 93-234) and are in- 1974. FederalInsurance Administrator. accordance~with te National Flood In- The Federal Insurance Administra- [FR Doc.76-35463 Filed 12-1.-76;8:45 ami surance Act of 1968, as amended, (Title tion, after consultation with the Chief of the Housing and Urban Devplop- Executive Officer of the community, has ment Act of 1968, Pub. L. 90-448) 42 determined that It is appropriate to [Docket N o. P -21341 U.S.C. 4001-4128, and 24 CFR Part 1916. modify the base (100-year) flood eleva- PART 1916-CONSULTATION WITH For rating purposes, the new corn- tions of some locations in Oyster Creek. LOCAL OFFICIALS munity number is 445402B, and must be These modified elevations are currently used Changes Made in Determinations of Town- for all new policies and renewals. in effect and amend the Flood Insurance ship of Wayne, New Jersey, Base Flood Under the above-mentioned Acts of Rate Map, which was In effect prior to Elevations 1968 and 1973, the Administrator must this determination. A revised rate map develop criteria for flood plain manage- will be published as soon as possible. The On June 25, 1976, at 41 FR. 26412, the ment. In order for the community to con- modifications are made pursuant to Sec- Federal Insurance Administrator pub- tinue participation in the National Flood tion 206 of the Flood Disaster Protection lished alist of communities with Special InsuranceProgram, the communitymust Act of 1973 (Pub. I.% 93-234) and are In Mlood Hazard Areas. The list included use the modified elevations to carry out accordance with the National Flood In- Flood Insurance Rate Maps for portions the flood plain management measures of surance Act of 1968, as amended, (Title of Wayne, New Jersey. the Program. These modified elevations Xi of the Housing and Urban Develop- The Federal Insurance Administration, will also be used to calculate the appro- ment Act of 1968, Pub. L. 90-448) 42 after consultation with the Chief Execu- priate flood insurance premium rates for U.S.C. 4001-4128, and 24 CFR Part 1916. tive Officer of the community, has deter- new buildings and their contents and for For rating purposes, the new commu- mined that It is appropriate to modify the second layer of insurance on existing nity number is 481255B, and must be the base (100-year) flood elevations of buildings and contents. used for all new policies and renewals. some locations in Wayne, New Jersey. From the date of this notice, any per- Under the above-mentioned Acts of These modified elevations are currently son has 90 days In which he can request 1968 and 1973, the Adminitrator must In effect and amend the Flood Insurance through the community that the Federal develop criteria for flood lan manage- Rate Map, which was in effect prior to Insurance Administrator reconsider the ment. In order for the community to con- this determination. A revised rate map changes. Any request for reconsideration tinue participation in the National Flood win be published as soon as possible. The must be based on knowledge of changed Insurance Program, the community must modifications are made pursuant to Sec- conditions or new scientific or technical use the modified elevations to carry out tion 206 of the Flood Disaster Protection data. All interested parties are on notice the flood plain management measures of Act of 1973 (Pub. L. 93-234) and are in that until the 90-day period elapses, the the Pfiogram. These modified elevations accordance with the National Flood In- Administrator's new determination of will also be used to calculate the appro- surance Act of 1968, as amended, (Title elevations may itself be changed. priate flood Insurance premium rates for = of the Housing and Urban Develop- Any persons having knowledge or wish- new buildings and their contents and for ment Act of 1968, Pub. L. 90-448) 42 ing to comment on these chariges should the second layer of insurance on existing -U.S.C. 4001-4128. and 24 CFR Part 1916. immediately notify: buildings and contents. For rating purposes, the new commu- Mr. Donald Martin, Town Mnager, Town From the date of this notice, any per- nity number is 345327A, and must be used Hqu, 66 Rodman Street, Narragansett, son has 90 days in which he can request for all new policies and renewais. Rhode Island 02882. through the community that the Fed- Under the above-mentioned Acts of Also, at this location is the map show- eral Insurance Administrator reconsider "1968 and 1973, the Administrator must ing the new base flood elevations. This the changes. Any request for reconsid- develop criteria for flood plain manage- map is a copy of the one that will be eration must be based on knowledge of ment. In order for the community to - printed. The numerous changes made in changed conditions or new scientific or continue Participation in the National ,the base flood elevations on the Narra- technical data, All interested parties are Food Insurance Program, the commu- gansett Flood Insurance Rate Map make on notice that until the 90-day period nity must use the modified elevations to it administratively infeasible to publish elapses, the Administrator's new deter- carry out the flood plain management in this notice all of the base flood eleva- measures of the Program. These modified tion changes contained on the Narragan- mination of elevations may itself be elevations will also be used to calculate sett map. changed. the appropriate flood insurance premium rates for new buildings and their con- (National Flood Insurance Act of 1968 (Title Any persons having knowledge or wish- tents and for the second layer of insur- XIII of Rousing and Urban Development Act ng to comment on these changes should of 1968). effective January 28, 1969 (33 FR immediately notify: ance on existing buildings and contents. 17804, November 28, 1968), as amended; (42 From the date of this notice, any per- U.S.C. 4001-4128); and Secretary's delega- Village Secretary, Village of Oyster Creek, son has 90 days In which he can request tion of authority to Federal Insurance Ad- 310 Elm Street, Oyster Creek, Texas 75-1. through the community that the Federal ministrator 34 FR 2680, February 27, 1969, as Also, at this location is the Map show- Insurance Administrator reconsider the amended by 39 FR 2787, January 24, 1974) ing the new base flood elevations. This changes. Any request for reconsideration Issued: November 15, 1976. map is a copy of the one that will be must be based on knowledge of changed conditions or new scientific or technical HOWARD B. CLARK, printed. The numerous changes made in data. All interested parties Acting Federal the base flood elevations on the Oyster are on notice Administrator. that until the 90-day period elapses, the Insurance Creek Flood Insurance Rate Map make Administrator's new determination of IFR Doc.6-35462 Filed J2-1-76;8:45 am]- it administratively infeasible to publish elevations may Itself be changed. I in this notice all of the base flood eleva- Any persons having knowledge or wish- [Docket No. FT-21341 tion changes contained on the Oyster ing to comment on these changes should immediately notify: PART 1916-CONSULTATION WITH Creek map. LOCAL OFFICIALS (National Flood Insurance Act of 1968 Honorable Newton E. Miller, Mayor, Town- (Title ship of Wayne, 475 Valley Road, Wayne, Changes Made in Determinations of Oyster XIII of Housing and Urban Development New Jercy 07470. Creek, Texas, Base Flood Elevations Act of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended; Also, at this location is the map show- On June 25, 1976; at 41 FR 26418, the (42 U.S.C. 4001-4128); a d Secretary's dele- Ing the new base flood elevations. This Federal Insurance Administrator pub- gatlon of authority to Federal Insurance map Is a copy of the one that will be

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52870 RULES AND REGULATIONS

printed. The numerous changes made in the base flood elevations on the Elevation Width in feet from bank of stream Wayne in feet to 100-yr flood boundary wlulg Flood Insurance Rate Map make it ad- Source of flooding Location above mean downstream ministratively infeasible to publish in sea'level Left Right this notice all of the base flood elevation changes contained on the Wayne map. Ohio River_: . Pitt & L.E. RR_ 72G 2,015 (National Flood Insurance Act of 1968 (Title River Ave ------26 760 Downstream corporate limit ------725 s0 XIII of HouSing and Urban Development Act Chartiers Creek.. Upstream corporate limit.. --... 7M1 70 of 1968), effective January 28, 1969 (33 FR Wind Gaplid ... 733 75 17804, November 28, 1968), as amended (42 ars n S------....e (cKxtended) ------...... 7*29 950 U.S.C. 4001-4128); and Secretary's delegation .. 785 .1) of authority to Federal Insurance Adminis- trator 34 FR 2680, February 27, 1969, as -Corporate limits. amended by 39 FR 2787, January 24, 1974.) (National Flood Insurance Act of 1963 (Title XIII of Housing and Urban Dovelopment Act Issued: November 15, 1976. -of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended 42 U.S.O. J. ROBERT HUNTER, 4001-4128; and Secretary's delegation of authority to Federal Inturanco Administrator, 34 Federal Insurance Administrator. FI 2680, February 27, 1969, as amended by 39 PR 2787, January 24, 1974.) [FR Doc.76-35461 Filed 12---76;8:45 am] - Issued: November 1, 1976. J. ROBERT HUNTEn, [Docket No. FT-2224] Federal Insurance Administrator. PART 1917-APPEALS FROM FLOOD [FRDoc.76-35325 Filed 12-1-76;8:45 am] , ELEVATION DETERMINATION AND JU- DICIAL REVIEW [Docket No. ZE-2447] Final Flood Elevation for the'Borough of agement measures that are consistent McKees Rocks, Allegheny County, Pa. PART 1917-APPEALS FROM FLOOD with these criteria and reflect the base ELEVATION DETERMINATION AND JU- flood elevations determined by the Sece- The Federal Insurance Administrator, DICIAL REVIEW retary-in accordance with 24 CFR Part in accordance with section 110 of the 1910. Food-Disaster Protection Act of 1973 Final Flood Elevation for the Borough of (Pub. L. 93-234), 87 Stat: 980, which Leesport, Berks County, Pa. In accordance with Part 1917, an opportunity for the community or In- added section 1363 to the National Flood The Federal Insurance Administrator, Insurance Act of 1968 (Title = of the dividuals to appeal this determination to in accordance with section. 110 of the or through the Housing and Urban Development Act of community for a period Flood Disaster Protection Act of 1973 of ninety (90) days has been provided, 1968 (Pub. L. 90-448), 42 U.S.C. 4001- (Pub. L. 93-234), 87 Stat. 980, -which 4128, and 24 CFR Part 1917 (Q 1917.10)), Pursuant to 1917.9 (a), the Administra- added section 1363 to the National Flood tor has resolved the appeals presented by hereby gives notice of his final determi- Insurance Act of 1968 (Title X of the nations of flood elevations for the Bor- the community. Therefore, publication of Housing and Urb'an DeveloiJment Act of this notice Is in compliance with ough of McKees Rocks, Allegheny Coun- 1968 (Pub. L. 90-448), 42 U.S.C. 4001- ty, Pennsylvania under § 1917.9 of Title 4128, and 24 CFR Part 1917 (Q 1917.10)), § -1917.10. 24 of the Code of Federal Regulations. hereby gives notice of his final deter- Final flood elevations (100-year flood) The Administrator, to whom the Sec- minations of flood elevations for the are listed below for selected locations. retary has delegated the statutory au- Borough of Leesport, Berks County, Maps and other information showing thority, has developed criteria for flood Pennsylvania under § 1917.9 of Title 24 the detailed outlines of the flood-prono plain management in flood-prone areas. of the Codaof Federal Regulations. areas and the final elevations are avail- In order to continue participation in the . The Administrator, to whom the Sec- National Flood Insurance Program, the able for review at Borough Hall, 222 Borough must adopt flood plain manage- retary has delegated- the statutory au- Spring Garden Street, Leesport. ment measures that are consistent with thority, has developed criteria for flood Accordingly,- the Administrator has these criteria and reflect the base flood plain management in flood-prone areas. determined the 100-year (i.e., flood with elevations determined by the Secretary In order to continue participation in the one-percent chance of annual occur- in accordance with 24 CFR Part 1910. National Flood Insurance Program, the rence) flood elevations as set forth In accordance with Part 1917, an 6p- Borough must adopt flood plain man- below: portunity for the community or individuals to appeal this determination to or through' the community for a period of Elevation Width In feet from bank of strxai ninety (90) in feet to 100-yr flood boundary hig days has been provided. Pur- Souree of flooding Locutlon above mean downstream suant to § 1917.9(a), the Administrator sea level has resolved the appeals presented by Left flight the community. Therefore, publication 7r0 of this notice is in compliance with Shunylkill River ----- Southeast corporate limits ...... 40 Apple St. (extended) ------.-...... 300 All § 1917.10. East Wall St ...... ------...... Shackamaxon St. (extended) ...... 310 Final flood elevations (100-year flood) Arlington Dr. (extended) ...... (I) are listed below for selected locations. Northwest corporate limits ------..- goo Maps and other information showing the detailed outlines of the flood-prone areas ICorporate limits. and the final elevations are available for review at the second floor in the Borough (National Flood Insurance Act of 1968 (Title XIII of Housing and Urban Development Act Building, Bell and Linden Streets, Mc- of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended; 42 U.S.C. 4001-4128; and Secretary's delegation of authority to Federal Insurance Administrator, 34 Kees Rocks. MR2680, February 27, 1969, as amendf1 by 39 FR 2787, January 24, 1974.) Accordingly, the Administrator has determined the 100-year (i.e., flood with Issued: November 1,1976. one-percent chance of annual occur- J. ROBERT HUNTER, - rence) flood elevations as set forth Federal Insurance Administrator. below: [FR Doc.76--35326 Filed 12-1-76;8:45 am]

FEDERAL REGISTER, VOL 41, NO. 23--THURSDAY, DECEMBER 2, 1976 RULES AND REGULATIONS 52871 [Docket No. FI-22801 City must adopt flood plain management PART 1917-APPEALS FROM FLOOD measures that are consistent with these ELEVATION DETERMINATION AND JU- criteria and reflect the base flood eleva- DICIAL REVIEW tions determined by the Secretary in ac- Final Flood Elevation for the City of cordance with 24 CFR.Part 1910. Ohio In accordance with Part 1917, an op- Bellbrook, Greene County, portunity for the community or individ- The Federal Insurance Administrator, uals to appeal this determination to or ,m accordance with section 110 of the through the community for a period of Flood Disaster Protection Act of 1973 ninety (90) days has been provided. Pur- (Pub. L. 93-234), 87 Stat. 980, which suant to § 1917.9(a), the Administrator added section 1363 to the National Flood has resolved the appeals presented by the Insurance Act of 1968 (Title XIII of the community. Therefore, publication of Housing and Urban Development Act of this notice is in compliance with 1968 (Pub. L. 90-448), 42 U.S.C. 4001- § 1917.10. 4128, and 24 CFR Part 1917 (§ 1917.10) ), Final flood elevations (100-year flood) hereby gives notice of his final determi- are listed below for selected locations. nations of flood elevations for the City of Aps and other information showing the Bellbrook, Greene County, Ohio under detailed outlines of the flood-prone areas § 1917.9 of Title 24 of the Code of Fed- and the final elevations are available for eraLRegulations. review at the City Building, 15 East The Administrator, to whom the Sec- Franklin Street. Bellbrook. retary has delegated the statutory au- Accordingly, the Administrator has de- thority, has developed criteria for flood termined the 100-year (i.e., flood with plain management in fl&dd-prone areas. one-percent chance of- annual occur- In order to continue participation in the rence) flood elevations as set forth National Flood Insurance Program, the below:

Elovatlen Width In ft:tfrom bank of strcm flood boundary Lda;~n Source of flooding Location ab.In fetmran downstreamto 1(0-yr ra level WLt Right

Sugar Creek ...... Periwinkle Dr. (extnded)...... 7 V0 0) S Crporaelmts. .. - ...... ,--. 1 f0( Little Sugar Creel..... Corporate limits (north) ..... 812 FZ 3:0 MapleState HlighwaySt. (extended)...... 725...------.------.. --- " 70SO 14060 Corporate limits (sout) ..... ---- -5 (3 210 Toss un-Run .. Corpoate limits (2est) . .10 2s0 15 80 1-30 --L- tt- e Sugar Creek .. . ..- --... . . Ed1 Brewster's Run . Corporte limits (west)... $33 203 120 Plantation Trail...... 848 940 5 Lakeman Dr ...... -- 81 170 370 Portage Pat..-..S13 1..9 1. Marcla Dr 33 100 210 Barnett Dr...... --.- " 110 145 Little Miami River Brookwood St ------774 ) 2,10 bypass (outside State Highway 725...----774 tt) 430 corp rate limits). Hess Rd. (e-tended) ...... ' 700 (North) Belair Circle (extended)..-- Vs 30

1 Corporate limits. (NatIonal Flood Xnsurance Act of 1968 (Title 2=II of Housing and Urban Development Act of 1968), effective January.28, 1969 (33 FR 17804, November 28, 1908), as amended; 42 U.S.C. 4001-4128; and Secretary's delegation of authority to Federal Insurance Administrator, 34 FR 2680, February 27,1969, as amended by 39 FR 2787, January 24, 1874.) Issued: November 1, 1976. J. OnERT Hurrua, Federal Insurance Administrator: [FR Doc.76-35324 Filed 12-1-76;8:45 am]

[Docket No. 'I-24491 minations of flood elevations for the PART 1917-APPEALS FROM FLOOD City of Oshkosh, Wisconsin under ELEVATION DETERMINATION AND JU- § 1917.8 of Title 24 of the Code of Fed- DICIAL REVIEW eral Regulations. The Administrator, to whom the Sec- Final Flood Elevation for the City of retary has delegated the statutory au- Oshkosh, Wis. thority, has developed criteria for flood The Federal Insurance Administrator, plain management in flood-prone areas. in accordance with section 110 of the In order to continue participation in the Flood Disaster Protection Act of 1973 National Flood Insurance Program, the (Pub. L. 93-234), 87 Stat. 980, which City must adopt flood plain management added section 1363 to the National lood measures that are consistent with these Insurance Act of 1968 (Title 3I of the criteria and reflect the base flood eleva- Housing and Urban Development Act of tions determined by the Secretary in ac- 1968 (Pub. L. 90-448), 42 U.S.C. 4001- cordance with 24 CFR Part 1910. 4128, and 24 CFR Part 1917 (§ 1917.10)), In accordance with Part 1917, an op- hereby gives notice of the final deter- portunity for the community or indi-

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 RULES AND REGULATIONS viduals to appeal this determination to Maps and other Information showing the or through the community for a period detailed outliies of the flood-prone areas of ninety (90) days has been provided. and the final elevations are available for Pursuant to § 1917.8, no appeals were re- review at City Hall, Oshkosh, Wisconsin ceived from the community or from In- 54701. dividuals Within the'community. There- Accordingly, the Administrator has fore, publication of this notice is In compliance with § 1917.10. determined the 100-year (i.e., flood with Final flood elevations (100-year flood) rence) flood elevations as set forth are listed below for selected locations. below:

Elevation Width from shorellno or bank of In feet stream (facing downstream) tQ Source of f0-ding Location above mean 100-yr floodboundary (feet) sea level Right Left

Fox Rive ...... CongressSt ----...... 750 1,000 30 Wisconsin Ave ------.-- 749 0 0 anSt. . .. 749 0 0

(National Flood Insurance Act of 1968 (Title II of Housing and Urban Development Act of 1968), effective January 28, 1969 (33 FR 17804, November28, 1968) .as amended; 42 U.S.O. 4001-4128; and Secretary's delegation of authority to Federal Insurance Administrator 34 FR 2680, February 27, 1969, as amended by 39 Fn 2787, January 24, 1974.) Issued: November 1, 1976. J. ROBERT HUNTER, Federal Insurance Administrator. [IFR Doc.76-35330 Filed 12-1-76;8:45 am]

[Docket No. Fl-2224] measures that are consistent with these PART 1917-APPEALS FROM FLOOD criteria and reflect the base flood eleva- ELEVATION DETERMINATION AND JU- tions determined by-the Secretary n ac- DICIAL REVIEW cordance with 24 CFR Part 1910. In accordance with Part 1917, an op- Final Flood Elevation for the City of portunity for the community or Indi- Wilkes-Barre, Luzeme County, Pa. viduals to appeal this determination to The Federal Insurance Admini tor, or through the community or a period In accordance with section 110 of the of ninety (90) days has been provided. Flood Disaster Protection Act of 1973 Pursuant to § 1917.9 (a), the Adminitra- (Pub. L. 93-234), 87 Stat. 986, which tor has, resolved the appeals prelented added section 1363 to the National Flood by the community. 'Therefore, publica- Insurance Act of 1968 (TItle XIII of the tion of this notice is in compliance with Housing and Urban Development Act of § 1917,10. 1968 (Pub. L. 90-448), 42 U.S.C. 4001- Final flood elevations (100-year flood) 4128, and 24 CFR Part 1917 (§-1917.10)), are listed below for selected locations. hereby gives notice of his final deter- Maps and other Information showing the minations of flood elevations for the detailed outlines of the flood-prone areas City of Wilkes-Barre, Luzerne- County, and the final elevations are available for Pennsylvania under § 1917.9 of Title 24 review at the maif-entrance of City Hall, of the Code of Federal Regulations. North Washington and East Market The Administrator, to whom the Sec- Streets, Wilkes-Barre. retary has delegated the statutory au- Accordingly, the Administrator has thority, has developed criteria for flood determined the 100-year (i.e., flood with areas. plain management in flood-prone occur- In order to continue participation in the one percent chance of annual National Flood Insurance Program, the rence) flood elevations as set forth City must adopt flood plain management below:

Elevation Width In feet from bank of stream in feet - to l0-yr food boundary facing Source of flooding Location above mean downstream sea level Lef Right

Susquehanna River ....ConRail bridge near Gordon Ave-... 46 210 West Market Street Bridge..... 548 110 North Street Bridge.------549 200 Corporat lmts ------551 1370 Solomon Creek ------Walter Street Bridge...... 540 730 ,WO Barney StreetBridge-__ ... __ 541 940 1,930 tStreetBridge- .542 _ 740 2.530 rni Street'Bridge.------543 680 ,500 Strauss Lano Bridge. ------555 240 110 Mill Creek----.--- Sidney Street Bridge 557 15 15 Mill Street BrUsge--...... 5 20 20 Mayock Street Bridgo ... 587 25 Corporate limits .....------598 z Laurel Run ...... ConRail bridge56...... -0 10 20 anRalbrdge near Railroad St...... U 10 20 Street Bridge... -575 10 15 Govier Street Bridge.-580 20 20

'Corlorate lhnlt

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 RULES AND REGULATIONS 52873

(National Blood Insurance Act of 1968 (Title = of Homing and Urban Development Act of 1968), effective January 28,1969 (33 PR 17804. November 23.19068). as amended: 42 U.S.C. 4001-4128; and Secretary's delegation of authority to Federal Insurance Admlnlstrator, 34 PR 2680, February 27.1969, as amended by 39 FR 2787, January 24, 1G74.) issued: Noveniberl, 1976. 3. Roana Htnm, FederalInsurance Administrator.

- [FR Doc.76-35328 Filed 12-1-70;8:45 am]

[Docket NO. P1-22561 ment measures that are consistent with flood PART 1917-APPEALS FROM FLOOD these criteria and reflect the base ELEVATION DETERMINATION AND JU- elevations determined by the Secretary DICIAL REVIEW in accordance with 24 CFR Part 1910. In accordance with Part 1917, an Final Flood Elevation for the County of opportunity for the community or Indi- Scott, Iowa viduals to appeal this determination to The Federal Insurance Administra- or through the community for a. period tor in accordance with section 110 of the of ninety (90) days has been provided. Flood Disaster Protection Act of 1973 Pursuant to §1917.9(a), the Adminis- (Pub. L. 93-234), 87 Stat. 980. which trator has resolved the appeals presented added section 1363 to the National Flood by the community. Therefore, publica- Insurance Act of 1968, (Title XIU of the tion of this notice is in compliance with Housing and Urban Development Act of § 1917.10. 1968 (Pub. L. 90-448), 42 U.S.C. 4001- Fnll flood elevations (100-year flood) 4128, and 24 CFRyPart 1917 (§ 1917.10)), are listed below for selected locations. hereby gives notice of his final deter- M.aps and other information showing thez minations of flood elevations for Scott detailed outlines of the flood-prone areas County, Iowa under § 1917.9 of Title 24 of and the final elevations are available for the Code of Federal Regulations. review at the bulletin board in the lobby The Administrator, to whom the of the Scott County Courthouse, 412 West Secretary has delegated the statutory au- 4th Street, Davenport, Iowa. thority, has developed criteria for flood Accordingly, the Administrator has areas. plain management In flood-prone determined the 100-year (i.e., flood with In order to continue participation In the National Flood Insurance Program, the one-percent chance of annual -occur- County must adopt flood plain manage- rence) flood elevations as set forth below:

EIeTatim Width in feet frm bank f 8stm la feet to How.y 9cod baundary fcing Source of flooding Lcatlon Above meam dwnMre " level Left right

3C =..20 Spencer Creek --- .. Essttre.- 07tm St...____eorpomte ... M912013 Wels Rd ------2Ferry 40 10 East ileyDr ------... L 10 210 Black Hawk Creek1... 75 ftupsteam of ... .. 7-2307 10 1.20 200 ft downstream of I-2. .... "I M" cm Duck Creek ...... County road ...... 300 210 Count...... 4 67. * 170 M i ----- 70 &W X10 Downstream corporat limlts...... C74 rd 4.0 1lsslsslppl Rver ---er- Upstream corporte Umtt...... ( Bowkers Teso rmned...69 () 2 Downstream corporate limit and city of ) 10 Le Clair

South Spencers Rd. (exendd)-.... W0 1.2 Dow crpora limit and city of 01 , Bettendor. Us n corporate limit and city of WA )2 Unn-ed r ---.---... M3 1,430 Downstream Muscatine County and 5M 93d Scott County.

1CorloatEImlt.. (National Flood Insurance Act of 19G8 ('Itle of Houing and Urban DeTelopniat Act. of 1968), effective January 28,1969 (33 PR 17804, November 28, 198), w anzended; 42 U.S.C. 4001-4128; and Secretary's delegation of authority to Federal Insurance AdminLstrato 3& PP 2680, February 27.1969, as amended.by 39 FR . 87, January 24, 1974.) Issued: November 1,1976. 1. RoMa HuNrr, Federal Insurance Administrator. [PR Doc.7&-35321 Flied 12-1-70;8:45 am]

FEDERAL REGISTER, VOL 41, NO. 233-THUSDAY, DECEMBER 2, 1976 52874 RULES AND REGULATIONS

[Docket No. FK-2448] Town must adopt flood plain manage- PART 1917-APPEALS FROM FLOOD ment measufes that are consistent with ELEVATION DETERMINATION AND -JU- these criteria and reflect the base flood DICIAL. REVIEW elevations determined by the Secretary in accordance with 24 CFR, Part 1910. Final Flood Elevation for the Town of Belhaven, N.C. In accordance with Part 1917, an opportunity for the community or indi- The Federal Insurance Administrator, viduals to appeal this determination to or In accordance with Section 110 of the through the community for a period of Flood Disaster Protection Act of 1973 ninety (90) days has been provided. (Pub. L. 93-234), 87 Stat. 980, which Pursuant to § 1917.8, no appeals were re- added Section 1363 to the National Flood ceived from the community or from indi- Insurance Act of 1968 (Title XIII of-the viduals within the community. There- Housing and Urban Developilent Act of fore, publication of this notice Is in com- 1968 (Pub. L. 90-448), 42 U.S.C. 40Q1- lpliance with § 1917.10. 4128, and 24 CFR Part 1917 (§ 1.917.10)), Final flood elevations (100-year flood) hereby gives notice of the final deter- are listed below for selected locations. minations of flood elevations for the Maps and other information showing the Town of Belhaven, North Carolina under detdlled outlines of the flood-prone areas § 1917.8 of Title 24 of the Code of Fed- and the final erevations are available for eral Regulations. review at Town Hall, Belhaven, North The Administrator, to whiom the Secre- Carolina 27810. tary has delegated the statutory author- Accor~lingly, the Administrator has ity, has developed criteria for flood plain determined the 100-year (i.e., flood with management in Ilood-prone areas. In one percent chance of annual occur- order to continue participation in the Na- rence) flood elevations as set forth 1 tional Flood Insurance Program, the below,

Elevation in feet Source of flooding Location abovo mean sea level

Pungo River and Entire towni, except tlie300northcranost feet of U.S. Route261 ...... -7 Fantego Creek.

(Natioxial Flood Insurance Act of 1968 (Title 2II of Housing and Urban Development Act of 1968), effective .January 28, 1969 (33 FR 17804, November 28, 1968), as amended; 42 U.S.C. 4001-4128; and Secretary's delegation of authority to Federal Insurance Administrator 34 FR 2680, February 27, 1969, as amended by 39 FR 2787, January 24, 1974.) Issued: November 1, 1976. J. RO BERT HUNTER, Federal Insurance Administrator. [FR Doc.76-35323 Filed 12-1-76;8:45 am]

[Docket No. PI-21671 Town-must adopt flood plain manage- PART 1917-APPEALS FROM FLOOD ment measures that are consistent with ELEVATION DETERMINATION AND JU- these criteria and reflect the base flood DICAL REVIEW elevations determined by the Secretary in accordance with 24 CFR Part 1910. Final Flood Elevation for the Town of In accordance with Part 1917, an op- Conklin, Broome County, N.Y. portunity for the community or individ- The Federal Insurance Administrator, uals to appeal this determination to or in accordance with section 110 of the through the community for a period of Flood Disaster Protection Act of 1973 ninety (90) days has been provided. Pur- (Pub. L. 93-234), 87 Stat. 980, which, suant to § 1917.9(a), the Administrator added section 1363 to the National Flood has resolved the appeals presented by the Insurance Act of 1968 (Title XIII of the community. Therefore, publication of Housing and Urban Development Act of this notice is in compliance with 1968 (Pub. L. 90-448), 42 U.S.C. "4001- § 1917.10. 4128, and 24 CFR Part 1917 (§ 1917.10)), Final flood elevations (100-year flood) hereby gives notice of his final determi- are listed -below for selected locations. nations of fldod elevations for the Town Maps and other information showing the of Conklin, Broome County, New York detailed outlines of the flood-prone areas under § 1917.9 of Title 24 of the Code of and the final elevations are available for Federal Regulations. review at the Town Hall Community The Administrator, to whom the Sec- Center, Conklin Road, Conklin. retary has delegated the statutory au- Accordingly, the Administrator has de- thority, has developed criteria for flood termihed the 100-year (i.e., flood with plain management In flood-prone areas. one-percent chance of annual occur- In order to continue participation in the rence) flood elevations as set forth National Flood Insurance Program, the below:,

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 RULES AND REGULATIONS 52ST

in Leet La 1W-r 1Iz_. bruodary fac. Source offloodlng abaw) mrnn d rura rza to-vc

Susquehanna Rivcr.__ South corporate liits--...... Route 304 bridge ... e...... rowers Rdd---. RiverBid. . .. 1.07 'tO 20 Kirkwood Street Brde...... Mt X0 40 North corporate limits ...... Little Snake Creek.. _ Brady 11111Rd ...... Murphy Rd. (extended)-_ _ _ .7W ' St=wsrd Rd. (extended) ... .. - - to,1 ~ Snake Creekand Cenaltde.... Snake Creek ...... South corporate limits ------Route 7A brldge.... ICeOrpoatelimits. (National Flood Insurance Act of 1968 (Title XIII of Hou31n and Urban D.aulopment Act of 1963), effective January 28, 1969 (33 FR 17804, November 23. 1968), a3 amended; 42 U.S.C. 4001-4128; and S 9 cretary's delegation or authority to Federal Innurance Administrator. 34 FR 2680, February 27. 1969, as amended by 39 FR 2787, January 24. 1974.) Issued: November 1, 1976. - 3. ROBERT HUZmZ, Federal Insurance Administrator. IFR Doc.76-35322 Filed 12-1-76;8:45 an]

[Docket No. FI-22151 with these criteria and reflect the base PART 1917-APPEALS FROM FLOOD flood elevations determined by the Secre- ELEVATION DETERMINATION AND JJ- tary In accordance wIth 24 CFR Part DICIAL REVIEW 1910. In accordance with Part 1917, an op- Final Flood Elevation for the Township of portunity for the community or individ- Jenkins, Luzerne County, Pa. uals to appeal this determination to or The Federal Insurance Administrator, through the community for a period of in accordance with section 110 of the ninety (90) days has been provided. Pur- 'Flood Disaster Protection Act of 1973 suant to § 1917.9(a), the Adminitrator (Pub. 93-234), 87 Stat. 980. which added has resolved the appeals presented by the section 1363 to the NationalFlood Insur- community. Therefore, publication of ance Act of 1968 (TitleXIII of the Hous- this notice is In compliance- with ing and Urban Development Act of 1968 § 1917.10. (Pub. L. 90-448), 42 U.S.C. 4001-4128, Final flood elevations (100-year flood) and 24 CF1R Part 1917 (§ 1917.10)), are listed below for selected locations. hereby givasnotice of his final determi- Maps and other information showing the nations of food-elevations for the Town- detailed outlines of the flood-prone areas ship of Jenkins, Luzerne County, Penn- and the final elevations are available for sylvania under § 1917.9 of Title 24 of the review at the Commissioner's Room. Code of Federal Regulations. Jenkins Township Volunteer Hose Com- -The Administrator, to whom the Sec- pany Building. 2 Second Street. Port retary has delegated the statutory au- Griffith, Pittston. Pennsylvania. thority, has developed criteria for flood Accordingly, the Administrator has de- plain management in flood-prone areas. In order to continue participation in the termined the 100-year (I.e.. flood with National Flood Insurance Program, the one-percent chance of annual occur- oTownship-must adopt flood plain man- rence) flood elevations as set fortix agement measures that are consistent below:

Elevattn Width In ftzct from bank or sfremm In f1 et to 100-yr I!Xd bcutndry bdn Source of flooding Lowatlon above mean downstran rza level Left Right

SusquehannaRiver- Cororate lmits..... EM 10 Coal St. (extended) . 70 Market St. (extended) w,0 _ StfSt- 453 _ Corporate limis...._...... 0

Source of flooding Locmt Area (uarakrel

31M Creek Reservoir-. Adjacent to southern boundary In central porton oftwnh 4,',C(0 Reservoiron Gardner Near southern boundary, east of northwest ez -ton a S&I8 Creek. Turnpike.

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52 876 RULES AND REGULATIONS

(National Flood Insurance Act of 1968 (Title XIII of Housing and Urban Development Act the reporting requirements as outlined of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended; 42 U.S.C. in § 1061.30-13. (Part 11 of CSA Instruc- 4001-4128; and Secretary's delegation of authority to Federal Insurance Administrator, 34 tion 6143-1a). FR 2680, February 27, 1969, as amended by 89 FR 2787, January 24, 1974.) This regulation Is effective Immediate- Issued: November 1, 1976. ly as the reporting requirements have J. ROBERT HUNTER, already been published in the FEDERAL Federal Insurance Administrator. REGISTER (July 15, 1976) and were [FR Doc.76-35327 Filed 12-1-76;8:45 am] adopted only after a 30 day comment period had elapsed. Effective date: December 2, 1976, [Docket-No. FI-2446] Township must ad6pt flood plain man- PART 1917-APPEALS FROM FLOOD agement measures that are consistent ROBERT C. CHASE, ELEVATION DETERMINATION AND JU- with these criteria and reflect the base Deputy Director. DICIAL REVIEW flood elevations determined by the Sec- A new Subpart (§§ 1061.31-1 through retary in accordance with 24 CPR Part Final Flood Elevation for the Township of 1061.31-6) is added to read as set forth 1910. below. Loyalsock, Lycoming County, Pa. In accordance with Part 1917, an op- Subpart-Emergency Energy Conservation The Federal Insurance Administrator, portunity'for the community or individ- -Programs (CSA Instruction 6143-2) in accordance with section 110 of the uals to appeal this determination to or See. Flood Disaster Protection Act of 1973 through the community for a period of 1061.31-1 . Applicability. (Pub. L. 93-234), 87 Stat. 980, which ninety (90) days has been provided. Pur- 1061.31-2 Definitions. added section 1363 to the National Flood suant to § 1917.9(a), the Administrator 1061.31-3 Purpose. Insurance Act of 1968 (Title XII of the has resolved the appeals presented by 1061.31-4 Policy. Housing and Urban Development Act of the community. Therefore, publication 1061.31-5 General Instructions. 1968 (Pub. L. 90-448), 42-U.S.C. 4001- of this notice is in compliance with 1061.31-6 Detailed Instructions for Com- 4128, and 24 CFR Part 1917 (Q 1917.10)), 11917.10. pleting Form 488 (EDF). hereby gives notice of his final deter- Final flood elevations (100-year flood) AuTHORITy: The provisions of this subpart minations of flood elevations for the are listed below for selected locations. issued under see, 602, 78 Stat, 630; 42 (1.., Township of Loyalsock, Lycoming Maps and other information showing the 2042. County, Pennsylvania under § 1917.9 of detailed outlines of the flood-prone areas Subpart-Emergency Energy Conservation Title 24 of the Code of Federal Regu- and the final elevations are available for Program (CSA Instruction 614,F-2) lations. review'at the Loyalsock Township Build- 1061.31-1 Applicabillty. The Administrator, to whom the Sec- ing, 2501 East Third Street, Wlliamsport. retary has delegated the statutory au- Accordingly, the Administrator has This subpart is applicable to all grant- thority, has developed criteria for flood ees (or administering agencies) receiving plain management in flood-prone areas. detei-mined the 100-year (i.e., flood with financial assistance under Title 1I, sec- In order to continue participation in the one-percent chance of annual occur- ton 222(a) (12) of the Community Serv- National Flood Insurance Program, the rence) flood elevations as set forth below: ices Act of 1974 when such assistance is administered by the Community Services Elevation Width in feet from bank of stream Administration. In feet to 100-yr flood boundary -facing Source of flooding Location above mean downstream § 1061.31-2 Definitions. s a level Left- Right (a) "Elderly" means persons who are sixty years of age or older. Lycoming Creek ...... Upstream corporate lmt...... 574 . 60 () (b) "Seasonal Farmworker" shall Route 15 ...... 569 1,040 Q mean a person Hayes Lane ------555 1,310 (' who during the preceding Liberty Dr- 550 1,560 ( twelve monthks worked at least 25 days Route ...... ---- -... 538 IN0 (I in farm work and worked less than 150 Downstream corporate 536 5 () West Branch Upstream corporate limit ...... 527 s0 consecutive days at any one establish- SusquIhanna Tinsman Ave. (extended)------520 320 ment. ",Seasonal Farmworker" includes River. Canfields Lane (extended) ------524 2,570 (1) Loyalsoek crock ---- Upstream corporate lmi ...... 566 () 5{0 both pngratory and nonnigratory Konkle Rd. (extended) ------538 () 210 farmworkers, but does not include non- Route 220 .....------52 () 70 ConRail ------...... ------,524 (1) 50 migratory individuals who are full-time students or supervisors or other farm- (National Flood Insurance Act oi 1968 (Title XIII of Housing and Urban Development Act workers. of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended; 42 U.S.C. (c) "Migrant farmworker" shall mean 4001-4128; and Secretary's delegation of authority to "Federal Insurance Administrator. 34 a seasonal farmworker who performs or FR 2680, February 27, 1969, as amended by 39 FR 2787, January 24, 1974.) has performed during the preceding Issued: November 1, 1976. " J. ROBERT HUNTER, twelve months agricultural labor which Federal Insurance Administrator. requires travel such that the worker is [FR Doc.76-35329 Filed 12-1-76;8:45 am] unable to return to his/her domicile (accepted place of residence) within the Title 45--Public Welfare munity Services Act of 1974. Section II same day., (d) "Handicapped" means those in- CHAPTER X-COMMUNITY SERVICES of that Instruction, (§ 1061.30-13) Re- ADMINISTRATION porting Requirements, established a uni- dividuals who meet the definition of form data collection and reporting sys- "handicapped" individuals as defined in PART 1061-CHARACTER AND SCOPE OF tem for all energy conservation activities section 7(6) of the Rehabilitation Act of SPECIFIC PROGRAMS and required submission of the Energy 1973, as amended, or Data Form. who are under a Emergency Energy Conservation Programs disability as defined in section 1614(3) (CSA Instruction 6143-2) The purpose of this subpart is to set forth in detail the procedures CSA (A) or 223(d) (1) of the Social Security On August 16, 1976 CSA adopted CSA grantees must follow in completing Act or in section 102(7) of the Develop- Instruction 6143-la (§ 1061.30-1 through and § 1061.30-14) which contains agency submitting quarterly the required Energy mental Disabilities Services and Facili- program policy for the Emergency En- Data Form (CSA Form 488). This regu- ties Act of 1970, as amended, or who aro ergy Conservation Program authorized lation in no way changes program-policy receiving benefits Under Chapter 11 or under section 222(a) (12) of the Com- published in CSA Instruction 6143-la or 15 of Title 38, United States Code.

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1776 RULES AND REGULATIONS 52877

(e) "Iindian Tribe" means any tribe, § 1061.31-6 Detailed instructions for space should be checked, and the non- band, nation, or other organized group completing CSA Form 488 (EDF). CAA areas should be listed. or community of Indians including any (a) Section I: Identifyinginformation. (b) Section II: Services. (1) The abil- Alaska Native village or regional or vil- (1) Name'of grantee (or administering ity to report the specialized information lage corporation as defined in or estab- agency). Self-explanatory. requested in the following categories de- lished pursuant to the Alaska Native (2) Staff assigned to energy. Enter the pends on the accuracy of a grantee's in- Claims Settlement Act (Public Law 92- numbers of full and part-time staff en- take system. Many grantees have devised 203; 85 Stat. 688) which (A) is recog- gaged in energy programming during the locally efficient In-take forms that pro- nized as eligible for the special programs quarterly reporting period. Include sub- vide us this kind of information. If, how- and -services provided by the United sidized labor, such as CETA or Title X ever, you have not devised such a system, States to Indians because of their status workers, but not volunteers. you may wish to take advantage of other as-Indians; or (B) is located on, or in (3) Quarter ending (month and year). grantee' experience and use the Op- proximity to, a Federal or State reserva- Enter the appropriate number of the tional Core Intake Form derived from tion or rancheria. I month ending the quarter, and last 2 that experience. Such forms can be sup- § 1061.31-3 Purpose. xdigits of the calendar year. (For example, plied by your Regional energy Co- ordinator. The purpose of this subpart is to re- a report for the quarter ending April 30, quire grantees who conduct projects un- 1976 should be Identified as: 04/16.) (2) Total services. Enter the total der section 222(a).(12) to periodically (4) Grantee No. Enter five-digit num- numbers served for each of the eligible submit CSA Form 488 Energy Data Form. ber assigned by CSA to each agency. It activities carried out by the project dur- This-form will accomplish the following: should not include action nuinbers or ing the reporting period. (For example, a (a) It will provide CSA with-a quar- fund source code letters. grantee operating a weatherization proj- terly picture of grantee provision of (5) State. State Identification should ect component and a crisis intervention services through eligible activities in En- be reported as the two-letter postal ab- service would enter the total number of ergy programming, as defined in CSA In- breviation. houses weatherized, e.g. 100, in the block struction 6143-la, with data on services (6) Service area. If the geographical (A) and the total number of clients to significant populations, indication of area in which energy activities are car- served in the crisis intervention compo- known universe of need, and an estimate ried out is the same as the CAA-coverage nent in block (B) e.g. 20. If no other en- of planned activities for the next quar- area, check the space In front of that ergy activities were carried out, no other terly reporting period- phrase. If, in addition you provide energy numbers would appear in this horizontal (b) It will provide h quarterly finan- services to some non-CAA areas, that row.) cial profile of-grantee energy program- -ming including all relevant financial data lI.Tt+'']I . | JO*YAI4,.(g[ct rPo + needed to assess the grantee's fiscal posi- "L'""H " : I .. I 20,. tion. I I I I.. -, I I _ _ _ § 1061.31-4 Policy. - Each grantee conducting projects under Section 222(a) (12) of the Commu- ...... I I I I ,am nity Services Act shall submit CSA Form- 488, Energy Data Form, to CSA on a quarterly basis. t . "- § 1061.31-5 General instructions. 20 . II I " (a) When to Report. CSA Form 488 K.,ooA i. I~ 1 i I____ (EDF) shall be submitted quarterly based on the grantee's program year, and UCyXT O ."? .5 I I L I I. in conjunction with the submission of IJ."It~L~ IIIP"Amme CSA Forms 315 and 315a. For example, if the program year starts on February 1, Under Toal Services you will find five show a substantial increase in planned EDF reports -would be prepared for the categories of special populations to whom weatherization activities, while a grantee quarters ending April 30, July 31, and the services may have been provided. The facing the onset of winter might plan October 31, and would be due in the ap- categories are not mutually exclusive, that fewer units could be weatherized. propriate offices 20 days after each of the so they may add up to more than the In either case, the estimate of services quarterly ending dates. total services figure. If, for instance, a planned should be as accurate as the (W Reporting delegate agency (ad- household served hadresidents that were current situation permits.) ministering agency) data. Each delegate both elderly and handicapped, that or administering agency household would appear in (5) Section III: Financial informa- shall submit a both 1.A. and tion. Report on each category completed CSA Form 488 to its grantee l.C. of funds who, in turn, shall submit a consolidated (3) Applicants on-file. Report on the expended during the reporting period by report to the funding office(s) as re- number of requests for services of each source of funds to carry out the services quired above. type accumulated by the project, but not shown in Section IL For example, if the yet served. (If, for example, weatherization of 100 houses is shown (c) Number of copies to prepare.Each the 100 In Section II the sources of funds for grantee shall prepare sufficient copies of houses weatijerized this quarter were the that first 100 to be done out of a total activity should appear in the Sec- CSA Form 488 (EDF) for each quarter of tion III column under weatherization. of a program year to make the distribu- 1000 requests, the applicants on file, but not yet served would remain at 900.) Suppose the total amount spent to tion shown below. weatherize those 100 houses was as fol- d) Where to send reports. (1) Each (4) Activities planned next quarter. lows: grahtee shall submit 2 copies of CSA Estimate ol services planned for the up- coming quarter in each of the eligible $10,000 of Section 222(a) (12) money. Form 488 to the funding office from 810,000 In PmHA loans. 'which support for its program is derived. activity areas carried out by the grantee. $5,000 of Title Xlabor. (2) Grantees receiving support (This figure should be a reasonable and $5,000 of CETA labor. from realistic more than one lunding office, shall send estimate of .the planned activ- $1,000 HCD Title L 2 copies to each. ities for the subsequent quarter's effort, 8500 local United Fund contrlbtalon. and should bear a logical relationship to (3) Timely and accurate completion of the anticipated expenditures shown on Each of these $ amounts should appear the Energy Data Form shall be a factor CSA Form 315. For example, a grantee as an Identified source of funds in the in assessing grantee capability and per- anticipating the addition of Title X weatherization formance in energy programming. column of SectIon 333; workersI during the next quarter might as shown below:

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 197( 52878 RULES AND REGULATIONS

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1976 (Memorandum Opinion and Order, SECTIOHIV. ltmXIm C'.ItRWTIOS FCC 76-1007, adopted October 29,1976), VOLUNTEERS MATf..RIALN )t.bt 5VVICES pending action on the petition for recon- VALUC PERSONHRS. SOURCE VALUE KIND VALUE sideration. 4. The Notice of Proposed Rule Mak- ing herein, released September 18, 1974, looked toward amendments in nearly all aspects of Part 74, SubpartD, concerning Remote Pickup Broadcast Stations. One proposal was to reduce bandwidth of certain channels in the 450 MHz band, thus increasing the number of frequencies available in this service. There was no proposal for any reallocation of the frequencies from the Remote Pickup Broad- cast Service to other services. 5. Thereafter, on November 8, 1974, NABER Bled a ietition for rule making, RM-2475, in which it sought, among other things, a reallocation of frequencies here involved from the Remote Pick- up Broadcast Service to the Business Ra- dio Service. Specifically, NABER requested that they be reduced from 100 kHz to 25 kHz and that the resulting total of 78 frequencies be allocated on the basis of 30 to the Remote Pickup Broadcast Service, 30 to the Business Radio Service and 18 to a "reserve" for future use based on a demonstrated neeL 6. NABER requested that its proposal be consolidated in the instant proceeding "which in part makes recommendations for allocation of the same 450 MHz frequencies." NABER also requested that "the Commission Issue a Notice of Pro- posed Rule Making to amend Parts 2, 74 and 91 of the Rules in accordance with the proposals set forth herein;" and, in addition, that "the Commission defer action on that portion of Docket No. 20189 which affects the frequencies involved herein (450-451 and 455-456) so that the proposals can be considered along with the relevant proposals in that docket." 7. NABER filed a comment-in the in- SrATENErTO RECIPISIsOF FEDERAL F DS. N.Nfrliebrmes .r shtfit"Olls wmybepalc-4t stant proceeding and incorporated by reference Its Petition for Rule Making, under Wsjprogr unless this r port is complitedndtld rild as z e by c-Tsj I C !3 :cdzbk:. RM-2475. NABER repeated in its com- [FR .OO.76-35155Pied 12-1-76;8:45 am] ment the requests for action set forth in Its petition. Title 47-Telecommunication- 8. The Report and Order herein held Order, released on July 12, 1976, herein. that the matter of reallocation of fre- CHAPTER I-FEDERAL . amending, in its entirety, Subpart D of quencies from the Remote Pickup Broad- COMMUNICATIONS COMMISSION Part 74 of the Commission's Rules and Regulations for remote pickup broadcast cast Service to other services, as proposed [Docket No. 20189;RI-1735; FCC 76-1065] stations. by NABER, was outside the scope of this AUXILIARY, proceeding and should be addressed in a PART -74-EXPERIMENTAL, 2. NABER claims prejudice from the separte proceeding. AND SPECIAL BROADCAST, AND OTHER Commission's Issuing the Report and PROGRAM 9. In its petition for reconsideration, Order herein before acting on NABER's NABER contends that the Commission Adopted: November 17,1976. petition for rule making filed on Novem- all split channels in ber 8, 1974 (RM-2475) to reallocate cer- action in retaining Released: November 29, 1976.' tain frequencies from the Remote Pick- the Reipote PickupABroadcast Service By the Commission: Commissioner Fo- up Broadcast Service to the Busines and proceeding with the licensing of sta- garty absent; Commissioner White not Radio Service, which the Commission tions on those channels prior to resolv- participating. held was outside the scope of this pro- Ing the frequency allocation issues raised by Its rule making petition, RM-2475, In the matter of amendment of Part ceeding and should be addressed In a para. 5 supra, is prejudicial to any future 74, Subpart D (Remote Pickup Broad- separate proceeding. action on that petition. NABER asserts . cast Stations) of the Commisson's Rules 3. The Motion for Stay was granted to that the Commission should defer action and Regulations. the extent that the effective date of the in this proceeding until It has considered 1. The National Association of Busi- Report and Order was postponed from NABER's petition for rule making. ness and Educational Radio (NABER) August 31, 1976, to November 1, 1976 10. The NationalAssociation of Broad- timely filed on August 18, 1976, a Peti- (Memorandum Opinion and Order, FCC casters (NAB) filed, on September 27, tion for Reconsideration and a Motion 76-810, ad6pted August 27, 1976) and 1976, an opposition to the petition for for Stay of the Commission's Report and from November 1, 1976, to November 22, reconsideration concluding that '"nas-

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 1 52880 RULES AND REGULATIONS

much as the Commission has allocated Since- this amendment is, for the pur- opinion of the Commissioh that an emer- considerable spectrum to meet land mo- pose of correcting inaccurate addresses gency exists requiring Immediate action bile's long term needs and Inasmuch as and does not affect any substantive to promote car service in the Interest of NABER's latest proposal Is groundless rights; notice and public procedure are public and the commerce of the people. and demonstrably unfeasible, NABER's notrequired and the amendment is made Accordingly, the Commission finds that Petition for Reconsideration can be effective ipon issuance. notice and public procedure are imprac- viewed as no more than a final, futile at- In consideration of the foregoing, ticable and contrary to the public inter- tempt to prevent the inevitable." (No § 571.5 of Title 49 of the Code of Federal est, and that good cause exists for mak- other oppositions were filed.) Regulations (49 CFR 571) is amended in ing this order effective upon less than 11. In its reply to the opposition (filed part o read as follows: thirty days' notice. October 7, 1976), NABER contends that It is ordered, 'That: "NAB fails to show that deferral of final § 571.5 Matter incorporated by refer- action in Docket No. 20189 with respect ence. § 1033.1237 Service Order 1237; Itegu- to channel bandwidth and frequency al- * * *. * * lations For Return of Hopper Cars. location until the- Commission acts on (b) * * * (a) Each common carrier by railroad NABER's Petition for Rule Making will (1) Standards-of the Societyl of Auto- subject to the Interstate Commerce Act prejudice NAB members." NABER as- motive Enginee- (SAE). They are pub- shall observe, enforce, and obey the fol- setts that "Where one of several compet- lished by the Society of Automotive En- lowing rules, regulations, and practices ng proposals for use of frequencies will gineers, Inc. Information and copies may with respect to its car service: prejudice the rights of other parties, be obtained, by writing to: Society of (1) Exclude from all loading and re- grant of even Interim authority is Jus- Automotive Engineers, Inc., 400 Com- turn to owner enipty, either via the re- tified only if It is * * imperatively nec- monwealth Drive, Warrendale, Pennsyl-' verse of the service route or direct, as essary * -* Community Broadcasting vania 15096. agreed to by the owner, all hopper cars Co. v. F.C.C., 107 U.S. App. D.C. 95, 104, (2) * * * owned by the following railroads: 274 F. 2d 753, 762," and that "NAB has (3) Standards of the United States of The Baltimore and Ohio Railroad Company demonstrated no imperative necessity for Ameria Standards Institute. They are Reporting Marks: B&O making additional remote pickup chan- published by the United States of Amer- Bessemer and Lako Erie Railroad Company nels available at once." ica Standards Institute. Information and Reporting Marks: B&LE 12. In a separate action, the Commis- copies may The Chesapeake and Ohio Railway Company be obtained by writing to: Reporting Marks: C&O sion has considered the NABER petition United States of America Standards In- for rule making, RM-2475, and has Consolidated Rail Corporation stitute, 1430 Broadway, New York, New Reporting Marks: BA-BWC-CNJ-' C- denied the petition on its merits (Memo- York 10013. DL &W-EL-EPR-LV-NRNYC-p0- randum Opinion and Order, FCC 76- * a a * a P&E-PRR-RDG-TOO 1064, adopted November 17, 1976). Louisville and Nashville Railroad Company 13. Consideration of the petition for Effective date: December 2, 1976. . Reporting Marks: L&N-NC--MON rule making is dispositive of NABER's (Sec. 103, 119, Pub. L. 89-563, 80 Stat. 718 Norfolk and Western Railway Company ground for its petition for reconsidera- (16 U.S.C. 1392, 1407) delegations of author- Reporting Marks: I ACY-N&W-NKP-. Ity at 49 CPR 1.50 and 49 CPR 501.8) P&WV-VGN-WAB tion. The Pittsburgh and Lake Erie Railroad Com- 14. In. view of the foregoing, it s or- Issued on November 24, 1976. pany dered, That, pursuant to Section 1.429 Reporting Marks: P&LS ROBERT L. CARTER, of the Commission's Rules and Regula- (2) Carriers named in paragraph tions and Section 405 of the Communica- Associate Administrator, (1) Motor Vehicle Programs. above are prohibited from loading all tions Act of 1934, as amended, NABER's hopper cars foreign to their lines and Petition for Reconsideration is granted to [F Doc.76-35232 Filed 12-1-76;8:45 am] must return such cars to the owner, the extent indicated above and in- all either via the reverse of the service route other respects is denied. or direct, as agreed to by the owner. 15. The CHAPTER X-INTERSTATE COMMERCE effective date of the rules pro- COMMISSION (b) For thdpurpose of improving car mulgated by. the Report and Order in utilization and the efficiency this proceeding was postponed from SUBCHAPTER A-GENERAL RULES AND of railroad Aug- REGULATIONS ,operations, or alleviating inequities or ust 31, 1976, to November 22, 1976, pend- [Rev. S.O. No. 1237] hardships, modifications may be author- ing action on NABER's Petition for Re- ized by the Chief Transportation Officer consideration (see para. 3, supra). Such PART 1033--CAR SERVICE of the car owner, or by the Director or action having been taken, the effective Regulations For Return of Hopper Cars Assistant to the Director, Bureau of Op- date of the said rules Is November 22, erations, Interstate At- a Session of the Interstate Com- Commerce Commis- 1976. sion. Modifications authorized by the car FEDERAL COMMNICATIONS merce Commission, Railroad Service owner must COMMISSION, Board, held in Washington, D.C., on the be confirmed In writing to 26th day of November, 1976. W. H. Van Slyke, Chairman, Car Service VINCENT J. MULLINS, Division, Association of American Rail- Secretary. It appearing that an acute shortage roads, Washington, D.C., for submission [FR Doc.76-35446 Piled 12-1-76;8:45 am] of hopper cars exists in certain sections to, and approval by the Director or As- of the country; that shippers are being sistant to the Director. deprived of hopper cars required for load- Title 49--Transportation ing coal, resulting in an emergency, forc- (c) No common carrier by railroad CHAPTER V-NATIONAL HIGHWAY TRAF- ing curtailment of their operations, and subject to the Interstate Commerce Act FIC SAFETY ADMINISTRATION, DEPART- thus creating great economic loss and shall accept from shipper any loaded MENT OF TRANSPORTATION reduced employment of their personnel; hopper car, described in this order, con- that coal stockpiles of several utility com- trary to the provisions of the order. PART 571-FEDERAL MOTOR VEHICLE (d) The term hopper SAFETY STANDARDS panies are being depleted; that hopper cars, as used in cars, after being unloaded, are being ap- this order, means freight ears having a Change of Addresses propriated and being retained in services mechanical designation listed under the This amendment updates the ad- for which they have not been designated heading "Class 'H'-Hopper Car Type" dresses given for the Society of Automo- by the-car owners; that present regula- in the Official Railway Equipment Reg- .ister, I.C.C.-R.E.R. tive Engineers, Inc., and tions and practices with respect to the No. 401 Issued by the United use, W. J. Trezise, or reissues thereof. States of supply, control, movement, distribu- America Standards Institute tion, exchange, Interchange, and return in § 571.5 of 49 CFR Part 571. of hopper cars are ineffective. It Is the 'Addition.

FEDERAL REG!STER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 . RULES AND REGULATIONS 528SI

(e) Application. The provisions of this Yuma, Arizona or at 1611 2nd Avenue, ArazouA AnD CALxronuIA order shall apply to Intrastate, Inter- AJo. Arizona, between the hours of 8 a m. CIBOLA NATIONAL W~iLDI REFUGE and 5- pm., Mondays through Fridays state, and foreign commerce. The Cibola National Wildlife Refuge, date. This order shall be- (except holidays). (f) Effective One permit will be required for each Arizona and California, is open to public come effective at 11:59 p.m., November access, use, and recreational activities 30,1976. vehicle entering the refuge, the driver of which must apply in person to receive from January 1 through December 31, (g) Expiration date. The provisions of the permit and a copy of the public use 1977, subject to the provisions of -Title this order shall expire at 11:59 pn., regulations. Each person entering the 50, Code of Federal Regulations, and all May 31, 1977, unless otherwise modified, refuge by means other than motorized applicable Federal and State laws and changed or suspended by order of this vehicles is also required to possess an regulations and all official signs posted Commission. entry permit, obtainable as required for In the area, and the following special (Sees. 1, 12, 15, and 17(2), 24 Stat. 379,-383. vehicular entry. conditions: '384, as amended; 49 US.C. 1,12,15 and 17(2). The provisions of this special regula- (1) Camp fires are permitted only in Interprets or applies Sees. 1(10-17), 15(4), tion supplement the regulations which designated areas. All other open fires are and 17(2), 40 Stat. 101, as amended, 54 Stat. prohibited. 15(4), and 17(2).) govern public access, use and recreation 911; 49 U.S.C. 1(10-17), on wildlife refuge areas generally which (2) Watersking is permitted only on it is further ordered, That a copy of are set forth in Title 50, Code of Federal the Colorado River. this order and direction shall be served Regulations, Part 26, and are effective (3) All motorized vehicles, including upon the Association of American Rail- through December 31,1977. motorcycles, are permitted only on de- roads, Car Service Division, as agent of veloped roads. Driving off roads or on all railroads subscribing to the car serv- HOFA GAT, RA uc roads closed by sign or barrier is pro- ice and car hire agreement under the The Kofa Game Range, Arizona, is hibited. teris of that agreement, and upon the open to public access, use, and recrea- (4) Carrying, possessing, or discharg- American Short Line Railroad Assocla- tional activities from January 1 through ing firearms on the refuge is prohibited, tiQn; and that notice of this order be December 31, 1977, subject to the pro- except that legal firearms may be used given to the general-public by depositing visions of Title 50, Code of Federal Regu- during open hunting seasons in desig- a copy in the Office of the Secretary of lations, and all applicable Federal and nated areas. the Commission at Washington, D.C., State laws and regulations and all official (5) Wildlife observation, photography, and by filing it with the Director, Office signs posted in the area. For purposes of and hiking are permitted. of the Federal Register protecting wilderness values and the The provisions of this special regula- By the Commission, Railroad Service fragile desert environments of the 660,- tion supplement the regulations which Board, members Joel E. Burns, Lewis R. 000-acrd Kofa Game Range, all motor- govern public access, use and recreation Teeple, and Thomas J. Byrne. Member ized vehicular travel is restricted to des- on wildlife refuge areas genrally which Joel E. Burns not partipicating. ignated routes of travel. Maps deline- are set forth In Title 50, Code of Federal ating such routes may be obtained at Regulations, Part 26, and are effective ROBERT L: OSWALD, the office of the U.S. Fish and Wildlife through December 31, 1977. Secretary. Yuma, Ari- Servie, 356 W. First Street, HAVA sU NATINAL WnDLIFE REFUGE [FR Doc.76-35533 Filed 12-1-76;8:45 am] zona between the hours of 8 am. and 5 pn., Mondays through Fridays (ex- The Havasu National Wildlife Refuge, Tite 50--Wildlife and Fisheries cept holidays). Arizona and California, is open to public Camping on the Kofa Game Range Is access, use, and recreational activities CHAPTER I-UNITED STATES FISH AND limited for each person to 14 days during from January 1 through December 31, WILDLIFE SERVICE, DEPARTMENT OF any 12-month period. Recreational (non- 1977, subject to the provisions of Title THE INTERIOR commIercial rockhounding, including 50, C9de of Federal Regulations, and all PART 26--PUBLIC ENTRY AND USE digging with simple hand tools, is per- applicable Federal and State laws and Cabeza Prieta National Wildlife Refuge, mitted only in the designated area-kmown regulations and all official signs posted in Ariz., et al. as Crystal HilI, described as follows: the area, and the following special con- GiA AM S.'MT hrwn MMaMM. ditions: The following special regulations are (1) Waterskling is permitted only on issued and are effective on January 1, T. 2 N., R. IS N7., the channelized segment of the Colorado 1977. Sec. 2, lots 3 and 4, StNW! and SW3.: Sec. 3, lots 1 to 4, inclusive, S 1N' and River except for that portion of the river § 26.34 Special regulations; puLlic ac- sS; called "Topock Gorge" which is deslg- cess, use, and recreation; for indibd- Sec. 4. lots 1 to 4. inclusive, S N{ and nated by buoys as being "Closed to Wa- ual wildlife-refuge areas. S%; terskilng". The north buoy line Is located Sees. 9 and 10; and the .ARIZONA between the 1-40 highway bridge Sec. 11, WI; A.T. & S.F. Railroad bridge. The south CABEZA PRIETA NATIONAL WfILDLIFE REFUGE Sec. 14, NWV4; Sec. 15, N1,S. buoy line Is located on an imaginary line The Cabeza Prieta National Wildlife between a point 200 yards south of the Refuge, Arizona, is open to public access, The areas described aggregate 3,684.39 southern entrance to Jops 1anding on use, and recreational activities from acres. the Arizona shoreline and a point 200 January 1 through December 31, 1977, On the remainder of the Kofa Game yards south of the southern entrance to subject to the provisions of Title 50, Code Range outside the designated Crystal Clear Bay on the California shoreline. of Federal Regulations, and all appli- Hill area, collecting of rocks or minerals, (2) The observer of a person in tow cable Federal and State laws and regu- or both, is restricted to materials that behind a boat shall continuously observe lations -and all official signs posted in are exposed and collectible without the the person(s) being towed and shall dis- the area. For purposes of protecting hu- use of tools. Digging, including the use play a flag immediately after the towed man safety as well as the fragile -envi- of simple hand tools, Is prohibited except person(s) falls into the water and during ronment of the 940,000-acre Cabeza in the designated area known as Crystal the time preparatory to skiing while the Prieta National Wildlife Refuge, all entry HilL person(s) Is still In the water. Such flag Into the refuge is subject to the posses- The provisions of this special regula- shall be a bilght or brilliant orange or red color, measuring no less-than 12 sion of a valid permit issued by the tion supplement the regulations which govern public access, use and recreation inches on each side, mounted on a han- Refuge Manager or his designated as- on wildlife refuge areas generally which dle, and displayed as to be visible in every sistant. Such permit may be obtained at are set forth in Title 50, Code of Federal direction. the offices of the U.S. Fish and Wildlife Regulations, Part 26, and are effective (3) Camping is restricted to tent and Service located at 356 W. First Street, through December 31, 1977. boat camping along the Arizona shore-

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52882 RULES AND REGULATIONS

line below the buoy line designating the The provisions of this special regula- lie access, use, and recreational activities southern entrance to Topock Gorge. tion supplement the regulations which from January Camping is also prohibited at Mesquite 1 through December 31, govern public access, use and recreation 1977, subject to the proisions of Title Bay. on wildlife refuge areas generally which 50, Code of Federal Recreational vehicles Regulations, and all and tent camp- are'set forth in Title 50, Code of Federal applicable Federal and State laws and ing is permitted at Five Mile Landing Regulations, Part 26, and are effective and Catfish Paradise regulations and all official signs posted In concessions for a through December 31,' 1977. the area, and the following special nominal fee, All camping is limited to con- IMPERIAL NATIONAL WILDLIFE REFUGE ditions: stays of no longer than 7 days. (1) Vehicular The Imperial access to designated (4) Boating is permitted in all waters National Wildlife Ref- roads on the Bosque del Apache National of the refuge except where restricted by uge, Arizona and California, is open to Wildlife Refuge appropriate signs. Wakeless public access, will be only through the speed only is use, and recreational activ- headquarters entrance. Refuge head- permitted east of the buoys on the Bill ities from January 1 through Decem- quarters Is ber 31, 1977, located on State Highway 1, Williams River and within the harbors subject to the provisions of eight miles south of San Antonio, Now of Five Mile Landing and Catfish Title 50, Code of Federal Regulations, Mexico. Paradise. and all applicable Federal and State laws (2) The refuge Is open to visitation (5) All wheeled vehicles, including and regulations and all official signs during the period from motorbikes, are permitted posted in the area, one-half hour on developed and the following before sunrise to one-half hour after roads and parking areas only. Driving off special conditions: sunset. roads or roads closed by sign or barrier (1) An area on the west end of Portions of the Bosque is prohibited. Martinez Lake, consisting del Apache Na- of approxi- tional Wildlife Refuge have been in- (6) Swimming, wading, scuba diving mately 175 acres, and an area of approxi- cluded in the National and skin diving are permitted mately 1,400 acres in the Wilderness Sys- except north end of tem under the Wilderness Act of 1964. where restricted by signs. Ferguson Lake, shall be closed to public Boundaries (7) Fies entry of these areas are appropri- may be built only in areas during the periods January 1 ately posted with "Wilderness Area" where camping is allowed. through March 1, 1977, inclusive, and (8) Litter October signs. The following special conditions facilities are provided only 1 through December 31, 1977, apply to the wilderness areas: for recreational users who are swimming, inclusive. (1) Fires boating, picnicking, (2) Waterskiing will be limited to camp stoves. fishing, hunting, and towing of any (2) Entry will be by foot only. hiking or camping. - device with a person(s) aboard, for recreational (3) Only backpack-type camping is (9) Additional attachments to mobile purposes is permitted only on permitted. ' homes and travel trailers located certain sections of at the main stream The provisions of this special regula- refuge concessions must be limited to (channel) of the Colorado River where tion cabanas, awnings, designated supplement the regulations which or similar types of by signs. In general, these govern public access, use and recreation shades that are easily removable; porta- open areas are the main stream of the Colorado on wildlife refuge areas generally which ble and ,not permanently fixed to the River in the Martinez and are set forth In Title groufid. They may Ferguson Lakes area and adjacent to 50, Code of Federal be equipped with the Regulations, Part 26, and are effective windbreaks of a similar portable nature Picacho State Recreational Area. Back- through December that do not completely enclose the sides, waters are closed to waterskiing. 31, 1977. but may not be utilized for regular liv- (3) The minimum altitude of aircraft OKLAHOiTA ing flying over the refuge or sleeping space or to house house- shall be 2,000 feet SALT PLAINS NATIONAL WILDLIFE REFU0V hold equipment other than lounge above ground level. furniture. (4) Boating is permitted in all waters The Salt Plains National Wildlife (10) Residents are required to main- of the.refuge except where prohibited by Refuge, Oklahoma, Is open to public tain their trailers and lots in a neat, appropriate signs and .in those areas access, use, and recreational activities orderly and hazard-free condition. closed to public entry. from January 1 through December 31, Trailer slabs, porches, and cabanas are (5) -Blocking of boat ramps or routes 1977, subject to the provisions of Title not to be used for permanent living space, of public access is prohibited. 50, Code of Federal Regulations, and all or for storage of household goods or (6) Hiking, sightseeing,. and photog- applicable Federal and State laws and other miscellaneous items with the ex- raphy are permitted except in those areas regulations and all official signs posted ception of lounge furniture. closed to public entry. in the area, and the following special No storage will be allowed under the (7). The removal or disturbance of conditions: mobile home, travel trailer or porch area. sand, gravel or rock is prohibited. (1) The public is permitted to enter The interior of the mobile hoine, travel (8) Camping; i.e., overnight camping, upon the Great Salt Plains from the west trailer, storage shed or storage yard are is prohibited. It has been'determined that along designated routes of travel to col- the only authorized storage areas. camping is detrimental to the accom- lect gypsufm (selenite) crystals from (11) Concession operators and tenants plishment of refuge wildlife ecological April 1 through October 15, 1977, inclu- will maintain their facilities and objectives. sive, and only on Saturdays, Sundays and residences in accordance with Title 25, (9) The removal or disturbance of holidays. Housing and Community Development; deadwood is prohibited. (2) For the purpose of collecting Chapter 5, Mobile Home Parks, Special (10) Pets are permitted only if they selenite crystals, vehicles will be allowed Occupancy Trailer Parks and Camp- are confined or kept on a leash not to only along such travel lanes and park- grounds; California Administration exceed 10 feet in length, one end of which ing areas as are posted for such activity. Code; State of California. is secured so as to restrict the movements (3) Each Individual may collect for (12) All trailers,* attachments and of the animal. his'personal use up to a maximum of 10 other structures on the lots must be capa- The provisions of this special regula- pounds plus one selenite crystal or ble of being removed within 24 hours of tion supplement, the regulations which selenite crystal cluster per day. - notice. All tires must remain on the govern public access, use and recreation (4) Digging for selenite crystals will mobile home or travel trailers at all on wildlife refuge areas generally which 'be 'confined to areas posted' for such times. are set forth in Title 50, Code of Federal activity. Regulations, (13) The mooring of unattended boats Part 26, and are effective The provisions of this special regula- is allowed only at designated boat slips through December 31, 1977. tion supplement the regulations which at Five Mile Landing and Catfish Para- NEW MExIco dise concessions. govern public access, use and recreation (14) Concession residents who are in BOSQUE DEL APACHE NATIONAL WILDLIFE on wildlife refuge areas generally which violation of refuge regulations may be REFUGE are set forth in Title 50, Code of Federal barred from living on or using refuge The Bosque del Apache National Wild- Regulations, Part 26, and are effective lands and facilities. life Refuge, New Mexico, is open to pub- through December 31, 1977.

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 RULES AND REGULATIONS

SEQUOYA" NATIONAL wILDLIFE REFUGE PART 26-PUBLIC ENTRY AND USE town, Rhode Island, 02813. and from the Regional Director, US. Fish and Wild- The SeqUoyah National Wildlife Ref- Salt Meadow National Wildlife Refuge, life Service, One Gateway Center, Suite uge, Oklahoma, Is open to public access, Connecticut 700, Newton Corner, Massachusetts use, and recreational activity from Jan- The following special regulations are 02158. uary 1 through December 31, 1977, sub- issued and are effective during the period The provisions of this special regula- ject to the provisions of Title 50, Code January 1, 1977 through December 31, tion supplement; the regulations which of Federal Regulations, all applicable 1977. govern recreation on wildlife refuge State laws and regulations Federal-and § 26.34 Special-rcgulations concerning areas generally, which are set forth in and all official signs posted in the area, public access use and recreation for Title 50, Code of Federal Regulations, and the following special conditions: individual wildlife refuges. Part 26, and are effective through De- (1) An area of approximately 2,200 cember 31, 1977. acres, south of Vian Creek and, east of ConnrECTCCut WILLIAM C. Asxr, the refuge tour road, shall be closed, as SALT MEADOW NATIONAL WILD rrnGc posted, to all public access during the Acting Regional Director, periods January 1 through March 31, Foot entry to the refuge Is permitted U.S. Fish and Wldlife Service. 1977, inclusive, and October 1 through during daylight hours, by advance res- NovriBnr, 26, 1976. ervation only, for the purpose of en- December 31, 1977, inclusive. This land Doz.76-35337 IFlcAd 12-1-76;8:45 am] is set aside to-provide an area of mini- vironmental education studies, hiking, jFr mum disturbance for waterfowl and nature study, and photography. Entrance other wildlife during the winter months. permits may be obtained for specific PART 26-PUBLIC ENTRY AND USE (2) Some refuge roads may be closed dates, by mall from the Refuge Manager, Ninigret National Wildlife Refuge, Box Ninigret National Wildlife Refuge, Rhode to vehicle entry from January 1 through Island March 31, 1977, inclusive, and October 1 307, Charlestown, Rhode Island '02813. tirough December 31, 1977, as -posted, Motor vehicles are limited to the desig- The following special regulations are to prevent disturbance of wintering and nated parking areas. Pets are not per- issued and are effective during the period migrating waterfowl. mitted on the refuge unless authorized January 1, 1977 through December 31, (3) Sightseeing, nature observation, in the entrance permit. 1977. photography and hiking are permitted. Information about the refuge, which § 26.34 Special regulations concerning (4) Picnicking is permitted only at the comprises approximately 180 acres, is public access, use.and recreation for Vian Creek Recreation Area. Picnic fires available from the Refuge Manager or individual wildlife refuges. from the Regional Director, U.S. Fish may be built at the recreation area only ISLAND in the fire grills provided or in camp and Wildlife Service, 1 Gateway Center, RHODE stoves or charcoal grills. Suite 700, Newton Corner, Massachusetts rumonnG IMTIONAL WILD=~ F=~GE (5) Overnight camping Is not permit- 02158. Entry on foot is permitted from sun- ted except for youth conservation groups The provisions of this special regula- which rise to sunset on designated routes unless supervised by adults. Permits must be tion supplement the regulations prohibited by postingfor the purpose of obtained in advance from the Refuge govern recreation on wildlife refuge forth in nature study, photography, and sight- Manager, Sequoyah National, Wildlife areas generally, which are set seeing. Pets are permitted if on a leash Refuge, 412 N. Maple, Sallisaw, Okla- Title 50 Code of Federal Regulations, not over 10 feet in length. homa. Part 26, and are effective through De- The entire refuge beach has no life- (6) Firearms are prohibited except cember 31, 1977. guards. Swimming will be at the visitor's during authorized hunting seasons when WILLIAM: C. AsHE, own risk. Access along designated routes only shotguns are permitted. Firearms Acting Regional Director, on the refuge for surf fishing and shell being transported n a motor vehicle must U.S. Fish and Wildlife Service. ilshing is permitted. Surf and shell fish- be unloaded and dismantled or cased. ing shall be In accordance with all state Possession of any firearm on the refuge NovEsMn 26, 1976. and local regulations. at night or in refuge areas closed to hunt- [R Doc.76-35380 111ed 12-1-76;8:45 sal Fires are permitted only on the ocean ing is prohibited. Long bows and arrows beach. No other fires are permitted at are permitted only as authorized in cur- other locations on the refuge. Camping, rent refuge hunting and State fishing PART 26-PUBUIC ENTRY AND USE tents, floating devices, and nudity are iegulations. Block Island National Wildlife Refuge, not permitted on the refuge. Nudity is (7) Boating is permitted in accordance Rhode Island defined as Intentional failure by persons with Federal and State regulations. The following special regulations are over 10 years of age to cover with fully (8) Waterskiing is prohibited in all Issued and are effective during the period opaque covering their own genitals, pubic refuge waters. January 1. 1977 through December 31, areas, rectal area or female breasts below (9) Pets must be kept in a vehicle or 1977. a point immediately above the top of the on a leash. Dogs may be used for hunting areola when in a public place. is accordance with refuge hunting § 26.34 Special regulations concerning Over-the-sand vehicles, snowmobiles, regulations. public access, use and recreation for air cushion, all terrain or other similar (10) Pecan picking is limited to one individual wildlife refuges. vehicles are not permitted on the refuge gallon per person per day.. RHODE ISLAND except for emergency and law enforce- mentpurposes. The provisions of this special regula- BLOCK ISLAND NATIONAL WILDLIFE REFUGE tion supplement the regulations which A map of the refuge is available from govern public access, use and recreation Entry by foot or motor vehicle on the Refuge Manager, Ninigret National on wildlife refuge areas generally which designated roads and trails Is permitted Wildlife Refuge, Box 307, Charlestown. are set forth in Title 50, Code of Federal during daylight hours for the purpose of Rhode Island 02813 or from the Regional Regulations, Part 26, and are effective nature study, photography, hiking, shell Director, U.S. Fish and Wildlife Service, through December 31,1977. - collecting, shell fishing, and surf fishing. One Gateway Center, Suite 700, Newton Surf and shell fishing shall be in accord- Corner, Massachusetts 02158. W. 0. NELSON, Jr., Regional Director, ance with all state and local regulations. The provisions of this special regula- AIbuquerue, N. fe. The refuge area, comprising 28 acres, tion supplement the regulations govern- Is delineated on maps available from the ing recreation on wildlife refuge areas NovEMBER 22, 1976. Refuge Manager, Ninigret National generally, which are set forth in Title [ R Doc.76-35385 Filed 12-1-76;8:45 am] Wildlife Refuge, P.O. Box 307, Charles- 50, Code of Federal Regulations, Part 26,

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52884 RULES AND REGULATIONS and are effective through December 31, PART 26-PUBLIC ENTRY AND USE Dakota, is permitted one-half hour before 1977. Truston Pond National Wildlife Refuge, sunrise to 1:00 P.M. C.D.T. each day WILLIAM C. AsHE, Rhode Island from October 2 through October 30 and Acting Regional Director, from one-half U.S. Fish hour before sunrise to 2:00 and Wildlife Service. The following special regulations are P.M. C.S.T. each day from October 31 issued and are effective during the period through December 12, 1976; and the NOVEMBER 24, 1976. January 1, 1977 through December 31, [FR Doc.76-35388 Filed 12-1-76;8:45 am] .hunting of ducks and coots Is permitted 1977. one-half hour before sunrise to sunset § 26.34 Special regulations concerning each day from October 2 through Novem- PART 26-PUBLIC ENTRY AND USE public access, use and recreation for ber 28 and from December 4 through De- hunting of com- Sachuest Point National Wildlife Refuge, individual wildlife refuges. cember 5, 1976; and the Rhode Island RHODE ISLAND mon snipe (Wilson's) is permitted one- half hour before sunrise to sunset each The following special regulations are TRUSTON POND NATIONAL WILDLIFE REFUGE day from September 18 through Novem- issued and are effective during the period Entry on foot is permitted from sun- ber 21, 1976; but only on the area des- January 1, 1977 through December 31, rise to.sunset on designated routes unless ignated by signs as open to public hunt- 1977. prohibited by posting for the purpose of ing. This open area, comprising 3,167 § 26.34 Special regulations concerning nature study, photography, and wild- acres, is delineated on a map available at public access, use and recreation for lands observations. Pets are permitted if the Wetland Management Office, Devils individual national wildlife refuges. on a leash not- over 10 feet in length. Lake, North Dakota, and from the Area Office, U.S. Fish and Wildlife RHODE ISLAND The entire refuge beach has no life- Service, guards. Swimming-will be at the visitor's P.O. Box 1897, Bismarck, North Dakota SACHUEST POINT NATIONAL WILDLIFE own risk. Access along designated routes 58501. Hunting shall be In accordance REFUGE on the refuge for surf fishing and with all applicable State and Federal reg- Entry on fodt is permitted from sun- shell fishing is permitted. Surf and shell ulations subject to the following con- rise to sunset on designated routes unless fishing shall be in accordance with all ditions: prohibited by posting, for the purpose of state and local regulations. 1. Vehicles must stay on established nature study, photography, and wild- Fires are permitted only on the ocean roads and trails. lands observation, Motor vehicle use is beach. No other fires are permitted~at 2. Retrieving zones will be designated restricted to designated routes and other locations on the refuge. Camping, by signs. parking areas. Pets are permitted if on a tents, floating devices and nudity are not The provisions of this special regula- leash not over 10 feet in length. permitted on the refuge. Nudity is de- tion supplement the regulations which The entire refuge beach has no life- fined as intentional failure by persons govern hunting on wildlife refuges gen- guards. Swimming will be at the visitor's over 10 years of age to cover with fully erally which are set forth in Title 50, own risk. Access along designated routes opaque covering their own genitals, pu- Code of Federal Regulations, Part 32, and on the refuge for surf fishing and bic areas, rectal area or female breasts are effective through December 12, 1970, shell fishing is permitted. Surf and shell below a point immediately above the top JAMES L. NELSON, fishing shall be in accordance with all of the areola when in a public place. Acting Project Leader, Devils state and local regulations. Over-the-sand vehicles, snowmobiles, Lake Wetland Management Fires are permitted only on the ocean air cushion, all terrain, or other similar District. vehicles are not permitted beach. No other fires are permitted at on the refuge [FR Doc.76-35391 Filed 12-1-76;8:46 am] other locations on the refuge. Camping, except for emergency and law enforce- tents, floating devices and nudity are not ment purposes. permitted on the refuge. A map of the refuge is available from *PART 32-HUNTING the Refuge Manager, Ninigret National Nudity is defined as intentional failure Lake Alice National Wildlife Refuge, N. Dak. by persons over 10 years of age to cover Wildlife Refuge, Box 307, Charlestown, with fully opaque covering their own Rhode Island 02813 or from the Regional The following special regulation is is- genitals, pubic areas, rectal area or Director, U.S. Fish and Wildlife Service, sued and Is effective on December 2, 1978, female breasts below a point immediately One Gateway Center, Suite 700, Newton § 32.22 Special regulations; upland above the top of the areola when in a Corner, Massachusetts 02158. game; for individual wildlife refuge public place. ,The provisions of this special regula- areas. ver-the-sand vehicles, snowmobiles, tion supplement the regulations-govern- NORTH DAKOTA air cushion, all terrain, or other similar ing recreation on wildlife refuge areas vehicles are not permitted 6n the refuge generally, which are set forth in Title 50, LAKE ALICE NATIONAL WILDLIFE REF1U0E except for emergency and law enforce- Public hunting of sharp-tailed grouse ment purposes. Code of Federal Regulations, Part 26 and are effective through December 31, 1977. is permitted on the Lake Alice National The refuge area, comprising approxi- Wildlife Refuge, North Dakota, from sun- mately 228 acres, is delineated on maps WILLIAM C. ASHE, rise to sunset September 18 through De- available from the Refuge Manager, Acting Regional Director, cember 12, 1976, and the hunting of gray Ninigret National Wildlife Refuge, Box- U.S. Fish and Wildlife Service. partridge (Hungarian) Is permitted from 307, Charlestown, Rhode Island 02813 or NOVEMBER 26, 1976. sunrise to sunset September 18 through from the Regional Director, U.S. Fish November 21, 1976; and the hunting of and Wildlife Service, One Gateway [FR Doc.76-35390 Filed 12-1-76;8:45 am] pheasants is permitted from sunrise to Center, Newton Corner, Massachusetts sunset October 16 through November 21, 02158. PART 32-HUNTING 1976; and the hunting of tree squirrels The provisions of this special regula- is permitted 'from sunrise to sunset Oc- tion supplement the regulations govern- Lake Alice National Wildlife Refuge, N. Dak. tober 2 through December 31, 1976 and ing recreation on wildlife refuge areas The following special regulation Is Is- the hunting of fox is permitted from one- generally, which are set forth in Title 50, sued and is effective on December 2, 1976. half hour before sunrise to sunset Oc- Code of Federal Regulations, Part 26 and tober 9, 1976 through February 28, 1977; § 32.13 Special regulations; migratory and the hunting of Jack rabbits, cotton- are effective through December 31, 1977. game birds; for individual wildlife Srefuge areas. tail rabbits, badger, skunks, raccoons and - WILLIAM C. ASHn, coyotes is permitted from one-half hour Acting Regional Director, NORTH DAKOTA before sunrise to sunset August 27, 1976 U.S. Fish and Wildlife I Service. LAKE ALICE NATIONAL WILDLIFE REFUGE through February 28, 1977; but only on NOVEMBER 26, 1976. the area designated by signs as open to Public hunting of geese on the Lake public hunting. This open area, compris- [FR Doc.76-35389 Filed 12-1-76;8:45 am] Alice National Wildlife Refuge, North ing 3,167 acres of the total refuge area

FEDERAL I9EGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 RULES AND REGULATIONS - 52885

is delineated on a map available at th and are effective, through November 21, §33.5 Special regulations; sport fi i- Wetland Management Office, Devils Lake 1976. ing; for individual wildlife r,-fue North Dakota 58301, and from the offic( JAEs L. NELsoN, areas.a of the Area Manager, U.S. Fish and Wild-- Acting Project Leader, Devils MASSAC31USETTS life Service, P.O. Box 1897, Bismarck Lake Wetland Management WXONOMOY NATIONAL WILLF REFUGE North Dakota 58501. Hunting shall be ir LDistrict. Sport fishing in tidal and fresh waters accordance with all -applicable State reg- IFR Ifc.76--35393 FIled 12-1-70;8:45 nm) ulations covering the hunting of sharp- Is permitted 24 hours per day from the tailed grouse, gray partridge; pheasants shorelines of the Monomoy National tree squirrels, foxes, rabbits, badgers I PART 32-HUNTING Wildlife Refuge, Chatham, Massachu- setts. Boats may be beached on the refuge raccoons, skunks, and coyotes subject tc 0 Lake Alice National Wildlife Refuge, N. Dak. the following special conditions:- and wilderness areas. No boats will be 1. Hunting is by foot travel only. AEI The following special regulation is permitted on the fresh water ponds. vehicles must remain on establiqlled issued and Is effective on December 2, Sport fishing shall be in accordance with roads and trails. 1976. all applicable State regulations. A map of the refuge is available from 2. All hunters must exhibit their hunt- § 32.32 Speciail regulations; big game; ing license, game and vehicle contents to the Refuge Manager, Great Meadows -Aildlife refuge areas. Federal and State offiders upon request for indiiiduail National Wildlife Refuge, 191 Sudbury - The provisions of this special regula-. NORTH DAKOTA Road, Concord, Massachusetts 01742, or tion supplement the regulations whicl LAKE ALICE NATIONAL WVILDLIFE nEFIICE from the Regional Director, U.S. Fish and govern hunting on wildlife refuge areas Wildlife Service, One Gateway Center, -- generally' which are set forth in Title 50, Public hunting of deer with bow and Suite 700, Newton Corner, Newton, Mas- Code of Feaeral Regulations, Part 32, and arrow on the Lake Alice National Wild- sachusetts 02158. are effective through August 31, 1977._ life Refuge, North Dakota, is permitted The provisions of this special regula- from 12:00 noon C.D.T. August 27, 1976 tion supplement the regulations which JAEs L. NELSON, until sunset that day, and from one-half govern sport fishing on wildlife refuge -Acting Project Leader, Devils hour before sunrise to sunset each day areas generally, which are set forth in - Lake Wetland- Management from August 28 through November 7, Title 50, Code of Federal Regulations. District. 1976 and from 12:00 noon C.S.T. Novem- Part 33, and are effective through De- [IFR Doc.76-35392Filed 12-1-76:8:45 nui ber 22, 1976 until sunset that day and cember 31. 1977. from one-half hour before sunrise to sunset each day from November 23 through WILLIAM C. AsHE, PART 32-HUNTING December 12, 1976, only on the area des- Acting Regional Director, Lake Alice National Vildlife Refuge, N. Dak. ignated by signs as open to hunting. This U.S. Fish anty Wildlife Service. The following special regulation -is is- open area, comprising 3,107 acres, Is de- NovwmBER 24, 1976. sued and is effective on December 2, 1976. lineated on a map available at the Wet- (FR Doc.7&-35395 land Management Office, Devils Lake, Filed 12-1-76;8:45 am) § 32.32 Special regulations; big game; North Dakota, and from the office of the for individual wildlife refuge areas. Area Manager, U.S. Fish and Wildlife PART 33-SPORT FISHING NORTH DAKOTA Service, P.O. Box 1897, Bismarck, North Dakota 58501. Hunting shall be in ac- Seney National Wildlife Refuge, Mich. LAKE ALICE xATIONAL vILDLIFE REFUGE cordance with all applicable State reg- The following special regulation is is- Public hunting of deer with guns on ulations covering the hunting of deer sued and Is effective on December 2,1976. the Lake Alice National Wildlife Refuge, with bow and arrow, subject to the fol- 33.5 Special regulation; sport fishing: North Dakota, is permitted from 12:00 lowing conditions: for individual wildlife refuge areas. noon C.S.T. November 12, 1976 to sunset (1) Hunting is by foot travel only. Ve- that day and from sunriseto sunset each hicles must remain on established roads MI1CIGAN day from November 13 through Novem- and trails only. SENEY NATIONAL WILDLIFE REFUGE ber 21, 1976, only on the area designated (2) All hunters must exhibit their Sport fishing on the Seney National by signs as open to hunting. This open hunting licenses, game and vehicle con- area, comprising 3,167 acres, is deline- tents to Federal and State officers upor Wildlife Refuge, Seney, Michigan is per- ated on a map available -atthe Wetland mitted on areas as described under request. special conditions below, and as deline- Management Office, Devils Lake, North The provisions of this special regula- Dakota, and from the office of the Area ated on maps available at refuge head- tion supplement the regulations which quarters and from the office of the Manager, U.S. Fish and Wildlife Service, govern hunting on wildlife refuge areas Regional Director, U.S. Fish and Wild- P.O. Box 1897, Bismarck, North Dakota generally which ard set forth in Title 50; 58501. Hunting shall be in accordance life Service, Federal Building, Fort Code of Federal Regulations, Part 32, and Snelling, Twin Cities, Minnesota 55111. with all applicable State regulations are effective through December 12, 1976. Sport fishing shall be in accordance with covering the hunting of deer with-guns subject to the following conditions. JAMS L. NELSON. all applicable State regulations subject Acting Project Leader DeMls to the following special conditions: 1. Hunting is by foot travel Only. Vehi- (1) Stream and ditches, open only cles must remain on established roads Lake Wetland Management Office. during the regular State trout fishing and trails only. season, are: 2. All hunters must exhibit their hunt- (FR Doc.76-35394 F led 12-1-70;8:45 am] (a) Driggs River from Highway M-23 'ing licenses, game and vehicle contents south to the Diversion Ditch. to Federal and State officers upon re- PART 33-SPORT FISHING (b) Walsh Creek and Ditch from High- quest. way M-28 south to C-2 Pool. The provisions of this special regila- - Monomoy National Wildlife Refuge, Mass. (c) Creighton River--entire length tion supplement the regulations which The following special regulation is through refuge. govern hunting on wildlife refuge areas issued and Is effective during the period (2) Manistique River, entire length generally which are set forth in Title 50, January 1, 1977 through December 31, through refuge, open from January 1, Code of Federal Regulations, Part 32, 1977. 1977 through December 31, 1977.

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52886 RULES AND REGULATIONS

(3) Pools are'open to fishing, daylight 14013 or from the Regional Director, quantities of Navel oranges'thatshould hours only, as follows: U.S. Fish and Wildlife Service, One Gate- be marketed during the next succeeding (a) All Pools-January 1, 1977 through way Center, Suite 700, Newton Corner, week. Such recommendation, designed to February 28, 1977. Massachusetts 02158. provide equity of marketing opportunity (b) Show Pools (located west of High- The provisions of this special regula- to handlers in all districts, resulted from way M-77 one-half mile north of the tion supplements the regulations which consideration of the factors enumerated Headquarters entrance road) from govern fishing on wildlife refuge areas in the order. The committee further ro- Memorial Day (May 30, 1977) through generally, which are set forth in Title 50, ports that the fresh market demand Labor Day (September 5, 1977). Code of Federal Regulations, Part 33, and for Navel oranges is fairly active for size (c) C-3 Pool-July 1, 1977 through are effective through December 31, 1977. 88s and larger, but weak for size 113's Labor Day (Sept. 5, 1977). WmLmm C. AsHE, and smaller. 'I (4) Night fishing, boats and the use Acting Regional Director, Prices f.o.b. averaged $4.61 a carton of minnows for bait are prohibited ex- U.S. Fisha and Wildlife Service. on a reported sales volume of 487 carlots cept on the Creighton and Manistique last week, compared with $4.95 per car- Rivers. NOVEmER 26, 1976. ton on sales of 360 carlots a week earlier. (5) Snowmobiles, All-Terrain Vehi- [FR.Dob.76-35397Filed 12-1-76;8:45 am.] Track and rolling supplies at 171 cars cles or motorized bikes are not allowed on were up 70 cars from last week. the refuge. Title 7-Agriculture (i1) Having considered the recommen- The provisions of this special regula- dation and information submitted by the tion supplement the regulations which CHAPTER IX-AGRICULTURAL MARKET- committee, and other available Informa- govern fishing on wildlife refuge areas ING SERVICE (MARKETING AGREE- tion, the Secretary finds that the respec- generally which are set forth in Title 50, MENTS AND ORDERS; FRUITS, VEGE. tive quantities of Navel oranges which Code of Federal Regulations, Part 33, and TABLES, NUTS) DEPARTMENT OF may be handled should be fixed as here- are effective through December 31, 1977. AGRICULTURE , nafter set forth. [Navel Orange Regulation 3891 (3) It Is hereby further found that It Joun R. FaY, , Refuge Manager, PART 907-NAVEL ORANGES GROWN IN is impracticable and contrary to the pub- Refuge. ARIZONA AND DESIGNATED ,PART OF lie interest to give preliminary notice, Seney National Wildlife CALIFORNIA engage in public rulemaking procedure, NovzEiBER 23, 1976. Limitation of Handling and postpone the effective date of this [FR Doc.76-35396 Filed 12-i-76;8:45 am] regulation until 30 days after publication This regulation fixes the quantity of hereof in the FEDERAL Rzaxsr=n (5 U.S.C. CaIifornia-Arizona Navel oranges that 553) because the time Intervening be- PART 33-SPORT FISHING may be shipped to fresh market during tween the date when information upon the weekly regulati6n period December which this regulatltn is based became Iroquois National Wildlife Refuge, N.Y. 3-9, 1976. It is issued pursuant to the available and the time this regulation The following special regulations are Agricultural Marketing Agreement Act must become effective in'order to effec- issued and, are effective during the pe- of 1937, as amended, and Marketing Or- tuate the declared policy of the act Is riod January 1, 1977 through December der No. 907. The quantity of Navel or- insufficient, and a reasonable time is 31, 1977. anges so -fixed was arrived at after con- permitted, under the circumstances, for for such effective time; and § 33.5 Special regulations; sport fish- sideration of the total available supply of preparation ing; for individual wildlife refuge- Navel oranges, the quantity currently good cause exists for making the provl- areas. available for market, the fresh demand sions hereof effective as hereinafter set Nzw YORK for Navel oranges, Navel orange prices, forth. The committee held an open meet- and the relationship of season average ing during the current week, after giving IROQUOIS NATIONAL WILDLIFE REFUGE returns to the parity price for Ndvel due notice thereof, to consider supply Sport fishing is permitted on all posted' oranges. and market conditions for Navel oranges waters designated by signs as open. § 907.689 Navel Orange Reguiltion 389. and the need for regulation; Interested Sport fishingts permitted in accordance persons were afforded an opportunity to with all applicable State and Federal (a) Findings. (1) Pursuant to the mar- submit Information- and views at this regulations subject to the following keting agreement, as amended, and Or- meeting; the recommendation and sup- special conditions: der No. 907, as amended (7 CFR Part porting information for regulation, In- (1) All areas, except the Feeder Canal 907), regulating the handling of Navel eluding its effective time, are Identical and Oak Orchard Creek areas, are closed oranges grown In Arizona and desig- with the aforesaid recommendation of to fishing from April I through July 14, nated part of California, effective under the committee, and Infornation con- 1977 and from October 1 through Noveim- the applicable provisjons of the Agricul- cerning such provisions and effective ber 30, 1977. tural Marketing'Agreement Act of 1937, time has been disseminated among (2) With the exception of ice fishing, as amended (7 U.S.C. 601-674), and upon handlers of such Navel oranges; it is the basis of the recommendations and in- necessary, in order to effectuate the do- fishing on refuge impoundments will be this limited to posted areas on dikes and formation submitted by the Navel Orange clared policy of the act, to make reg- roads. No wading or swimming is per- Administrative Committee, established ulatlon effective during the Period herein under the said amended marketing specified; and compliance with this regu- mitted. agreement and order, and upon other lation will not require any special prep- (3) No boats or otler flotation de- available information, it is hereby found aratlon on the part of persons subject vices will be permitted, except that boats that the limitation of handling of such hereto which cannot be completed on or without motors may be used on Oak Navel oranges, as hereinafter provided, before the effective date hereof. Such Orchard Creek from 'Knowlesville Road will tend to effectUate the declared policy committee meeting was held on Novem- to a wire two miles westward. Firearms of the act. ber 30, 1976. are not pbrmitted in boats. (2) The need for this regulation to llzh- (b) Order. (1) The respective quan- (4) Leaving boats, structures, or,other It the' respective quantities of Navel or- titles of Naval oranges grown in Arizona equipment overnight on the refuge is not anges that may be marketed from Dis- and designated part of California which permitted. trict 1, District 2, and District 3 during may be handled during the period (5) Refuge Is only open during day- the ensuing week stems from the produc- December 3, 1976, through December 9, light hours. tion and marketing situation confronting 1976, are hereby fixed as f6llows: Al fishing areas are delineated on the Navel orange industry. (i)District 1: 1,348,000 cartons: maps available at Refuge Headquarters, (i)The committee has submitted its (ii) District 2: Unlimited movemont; RF'D #1, Casey Road, Basom, New York recommendation with respect to the (iii) District 3: 1Q2,000 cartons.

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 RULES AND REGULATIONS 52887

(2) As usid in this section, "handled," as required in § 909.51 of said marketing ib) 10 percent for defects other than "District 1," "District 2," 'District 3," order. Grapefruit is reported to be of color, but not more than one-twentieth and "carton" have the same meaning as good quality this year, and average size of this amount, or one-half of 1 percent when used in said amended marketing is reported to be larger than last year. shall be allowed for decay and not more- agreement and order. This regulation is necessary during such than one-half, or 5 percent, shall be al- (Sees. 1-19. 48 Stat. 31, as amended; 7 U.S.C. period to prevent the handling of grape- lowed for any single defect caused by 601-674.) fruit of lower grades and Smaller sizes broken skins, sunburn, scars, or peel that than those herein specified, so as to pro- is more than 1 inch in thickness at the Dated: December 1,1976. vide fruit of acceptable quality in the stem end; or CHARLES R. BRADER, interests of producers and consumers (ID Any grapefruit which measure le s Deputy Director,Fruit and Veg- pursuant to the declared policy of the than 3i,; inches in diameter: Provided, etable Division, Agricultural - act. That such diameter requirement shall Marketing Service. (3) It is hereby further found that not apply to Individual pacl:ages contain- [FRI Doc.76-35753 Filed 12-1-76;12:25 pm) good cause exists for not postponing the ing 10 pounds or less in a lot and ineffective date of this regulation until 30 dividual packages containing more than days after publication thereof in the 10 pounds in a lot may contain not to [GrapefruitS Reg. 42 ] FEDERAL REGISTER (5 U.S.C. 553), because exceed 10 percent of grapefruit of a size the time Intervening between the date smaller than 3%f, inches in diameter, if PART 909-GRAPEFRUIT GROWN IN ARI- when information upon which this reg- the lot as a whole does not contain more ZONA AND DESIGNATED PART OF ulation Is based became available and than 5 percent of such size: CALIFORNIA the time when this regulation must be- Provided,further, That id determining Quality and Size Requirements come effective in order to effectuate the the percentage of grapefruit in any lot declared policy of the act Is insufficient; which are smaller than 3fo inches in During the period December 5, 1976, diameter, such percentage through August 31, 1977, this regulation and a reasonable time is permitted, under sbiall be based the circumstances, for preparation for only on the grapefrit in such lot which sets a minimum grade of U.S. No. 2, as are of a size 313 1,-inches and a minimum diam- such effective time. Shipments of grape- in diameter and herein modified, fruit in volume are expected on or about smaller. eter of 3-6116 inches for the handling effective time hereof; the recommenda- (2) Subject to the requirements of sub- of grapefruit grown in California and paragraph (1) (1) of this paragraph, any Arizona, except that initial handlers may tion and supporting information for regulation during the period December 5, handler may, but only' as the initial handle grapefruit smaller than 3-6/16 1976, handler thereof, handle grapefruit small- directly to destina- through August 31, 1977, were inches in diameter Promptly submitted to the Departmedt er than 3%r, inches in diameter directly tions in states other than California, aftei an open meeting of the Adminis- to a destination in Zones 4, 5, or 6 and if Arizona, Florida and Texas, providing trative Committee the grapefruit Is so handled to Zone 4, so handled to destina- on October 14, 1976; that grapefruit notice of the proposed regulation was the grapefruit does not measure less than tions in Washington, Oregon. Montana, published in the November 17, 1976. is- 3,ir. inches in diameter: Provided. That Idaho, Wyoming, Nevada, and Utah shall sue FEDERAL such diameter requirement shall not ap- measure not thai of the REGISTRn, and no ob- smaller 3-4/16 inches jections were received either to the reg- ply to individual packages containing 10 in diameter. The establishment of such ulation or to the proposed effective time; pounds or less in a lot and individual requirements under Marketing Order 909 It is necessary, packages containing more than 10 pounds is in order to effectuate the necessary to provide the market with declared policy of the act, to make this In a lot may contain not to exceed 10 fruit of acceptable quality in the Inter- regulation effective during the period percent of grapefruit of a size smaller ests of producers and consumers. hereinafter set forth, so as to provide than 3 i,inches in diameter, if the lot as Findings. (1) On November 17, 1976, minimum quality requirements for the a whole does not contain more than 5 notice of proposed rulemaking was pub- handling of such grapefruit,and compli- percent of such size: Provided, further, lished in the FEDERAL REGISTER (41 FR ance with this regulation will not require That in determining the percentage of 50695), regarding a proposed regulation any special preparation on the part of grapefruit In any lot which are smaller to be made effective pursuant to market- the persons subject thereto which cannot than 311 inches In diameter, such per- ing Order No: 909, as amended (7 CFR, be completed by the effective time hereof. centage shall be based only on the grape- Part 909), regulating the handling of fruit in such lot which are of a size 3" j1 fresh grapefruit grown in Arizona and § 909.342 GrapefruittRcgulation 42. Inches in diameter and smaller. designated part of California, effective (a) Order. (1) Except as otherwise (b) As used herein, "handler", "grape- under the applicable provisions of the provided in subparagraph (2) of this fruit", "handle", "Zone 4", "Zone 5", and Agricultural Marketing Agreement Act of paragraph, during the period Decem- "Zone 6" shall have the same meaning as 1937, as amended (7 U.S.C. 601-674). No ber 5, 1976, through August 31, 1977, no when used in said amended marketing comments regarding the proposal were handler shall handle from the State of order; the terms "U.S. No. 2" "fairly well received. The regulation was recom- California or the State of Arizona to any colored", "slightly colored", and "fairly -mended by the Administrative Commit- point outside thereof except Mexico: well formed" shall have the same mean- tee established pursuant to the said (I) Any grapefruit which do not meet ing as when used in the revised United marketing order. the requirements States Standards for Grapefruit (Cali- for the U.S. No. 2 grade fornia 'After consideration of all relevant mat- which for purpose of this section shall in- and Arizona), 7 OFR 51.925-51.- ters presented, including the 'proposal clude the requirement that the grapefruit 955; and "diameter"-shall mean the set forth in the-aforesaid notice, the rec- be fairly well colored, instead of slightly greatest dimension measured at right ommendation and information submitted -colored, angles to a line from the stem to the and including as a part of the blossom end of by the Administrative Committee and fairly well formed requirement, the re- the fruit. other available information, it is hereby quirement that the fruit be free from (Sec_- 1-19, 48 Stat. 31, as amended; 7 U.S.C. found that the limitation of handling of peel that Is more than 1 inch in thick- C02-674.) grapefruit, as hereinafter provided, will ness at the stem end (measured from the tend to effectuate the Dated: November 29. 1976, to become declared policy of flesh to the highest point of the peeD: effective December 5,1976. the act.- Provided, That in lieu of the tolerance (2) This regulation establishes mint- provided for the U.S. No. 2 grade, the CHARLS R. BRAnzR, mum grade and size requirements for following tolerances, by count, shall be Deputy Director, Fruit and - the handling of grapefruit. The regula- allowed for the defects listed: Vegetable Division, Agricul- tion is based upon an appraisal of the (a) 10 percent for fruit which is not turaZ Marketing Service. crop and prospective market conditions at least fairly well colored; IFR.DWc.76-35472 Fled 12-1-76;8:45 am)

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 proposedrules

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

DEPARTMENT OF AGRICULTURE E. Paragraph (d) has been revised (2) of this section, which has continued Farmers Home Administration and redesignated as new paragraph (e), until interest accruing on the loan catises and provides for procedure to follow in the amount of monthly or annual pay- S [ 7 CFR Part 1861] handling cancellations of interest at the ments required on the unpaid balance [FmHA Instruction 451.11 expiration of the final moratorium of the debt to exceed the borrower's re- period. payment ACCOUNT SERVICING POLICIES ability after the debt has been F. A new paragraph (d)Is added to reamortzed over the remaining term of Notice of Proposed Rulemaking Morato- provide for appeal by the borrower upon the loan unless all or part of the interest rium on Payments, Sections 502 and adverse action taken on the application which has accrued during the mora- 504 Rural Housing Loans for moratorium. torium period is cancelled. Notice is hereby given that the Farm- Interested -persons are Invited to sub- (b) Policy guidelines in granting ers Home Administration has under con- mit written comments, suggestions or moratorium. (1) Moratorium on prin- sideration certain revisions and addi- objections regarding the proposed revi- cipal and Interest payments on an RH tions to § 1861.10 of Subpart A of Part sions and additions to this Subpart to account may be granted provided: 1861, TItieT7, Code of Federal Regulations the office of the Chief, Directives Man- (I) The borrower: (A) Has exercised (37 FR 13703; 39 FR 25312). These revi- agement Branch, Farmers Home Admin- due diligence In an effort to pay sched- sions propose to authorize a moratorium istration, US. Department of Agricul- uled payments, real estate taxes, and on principal and interest payments and ture, Room 6316, South Agriculture property insurance premiums when due, cancellation of interest accrued during Building, Washington, D.C. 20250 on or and has complied with other conditions such moratorium to borrowers who, due before December 31, 1976. of the loan documents; and t to circumstances beyond their control,. All written submissions made pursu- (B) Requests a moratorium on pay- are unable to continue making payments ant to this notice will be inade available ments in accordance with paragraph (c) of such principal and interest when due for public inspection at the office of the of this section and appropriately docu- without unduly impairing their stand-. Chief, Directives Management Branch, ments the conditions causing his unduly during regular business hours (8:15 a.m. impaired standard of living. ard of living. While numerous editorial to 4:45 p.m.). changes are being made by these amend- (i) The county supervisor: (A) aInq ments to § 1861.10, the principal revi- As proposed § 1861.10 is revised to read as follows: ,verified the accuracy of the information sions and additions follow: received with the letter requesting a A. Paragraph- (a) (2) definition of § 1861.10 Moratorium on principal and moratorium on payments from the bor- "unduly impaired standard of living" is interest payments on sections 502 rower; and broadened and paragraph (a) (4) has and 504 loans. (B) Has determined after using nal been deleted. The term "family" has been A moratorium on principal and inter- other alternatives such as granting all removed from "Definitions." est payments may be granted on sections authorized interest credits, that a B. Paragraphs (b) (1) (i) (C) and (D). 502 and 504 RHloans, under section 505 moratorium on payments Is still neces- have been deleted. The requirements of of the Housing Act of 1949, upon de- sary and the family is eligible for such these paragraphs are containbd in Form termination that, due to circumstances moratorium on payments. FmHA 451-22, "Request for Moratorium beyond the borrower's control, the bor- (2) The County Supervisor is author- on Payments (Sections 502-504 RH rower is unable to continue making Ized to approve or disapprove an applica- Loans) ," which is available at any FmHA scheduled payments without unduly im- tion for a moratorium subject to the office. pairing his or her standard- of living. concurrence of the District Director, The C. Paragrapi (b) (1) (ii) (B) has been Cancellation of interest accrued during recommendations relative to a morato- revised to provide the granting of inter- the moratorium period may also be au- rium are made on Form FmHA 451-23, est credits as one of the alternatives used thorized in cases of extreme hardship. "Recommendations-,Moratorium (Sec- before granting a moratorium., (a)Definitions. As used in this para- tions 502-504 RH Loans)" which is avail- D. Paragraphs (b) (1) (i1), (b) (1) (iv), graph: able in all FmHA offices. The reasons and (b) (1) (v) and (b) (2) have been redesig- (1) "Scheduled payments" means the justification for approval or disapproval nated (b) (2), (b) (3), (b) (4) and (b) (5) amount of monthly or annual install- of-the moratorium will be noted or respectively, and are revised as follows: ment required by the promissory note as attached as additional information. An this amount may be modified by ay out- original and three copies will be pre- 1. To authorize County Supervisor standing Interest Credit Agreement, approval or disapproval of an applica- pared. If the inoratorium is granted, the Supplementary Payment Agreement, Ad- original will be sent to the borrower, one tion for moratorium subject to concur- ditional Partial Payment Agreement, or rence of the District Director; to restruc- copy will be retained In the County Office other written agreements. file, and one copy accompanied by a copy ture the distribution of Form FmHA 451- (2) 22, reflecting approval or disapproval of "Unduly impaired standard of liv- of Form FmHA 451-22 "Requests for application for moratorium; to provide ing" means that condition whereby the Moratorium on Payments (Sections 502- notification to borrower -of the action borrower, due to present illness or serl- 504 Rural Housing Loans)," will be sent taken on' application for moratorium ous injury to the borrower or dependent to the Finance Office. If the moratorium within 15 days after receipt in County members of the borrower's hQusehold is denied, the notification letter to the Office; and to provide notification to bor- which are no* being treated, or a sud- borrower will include the reasons for the rower of the right to appeal a denial for den or substantial reduction of income denial and the following statement: "If moratorium. such as that resulting from present un- you wish further consideration, you may employment, due to circumstances be- submit the reasons why you believe the 2. To allow a retroactive period of up yond his control, is unable to pay his to 30 days for the effective date of the application should be approved to the normal living expenses and scheduled State Director and request that he moratorium under certain conditions, payments as provided by the loan docu- and to authorize more than one mora- further consider your application for a ments. moratorium on payments. He is ------torium, subject to approval of the State (3) "Extreme hardship" means that Director. condition as described in paragraph (a) ------

FEDERAL REGISTER, VOL 41, NO. 233-THU6RSDAY, DECEMBER 2, 1976 PROPOSED RULES 528S8r

The borrower will be notified by letter visor on his application for moratorium. submit It along with the County Super- of the action taken within 15 days after On receipt of a request for review from a visor's recommendations to the State Di- his application for-a moratorium has borrower, the State Director will assizgn rector for his consideration ahd return been received in the County Ofce. a member of his staff to investigate and to the County Office. If the State Direc- (3) A moratorium may be granted for make recommendations to him on the tor approves the request for cancellation 6 months. Immediately before the end of appeal. The State Director, on receipt of of interest accrued during the moratori- each 6-month period or sooner if the the report from his staff member, wil um, the County Supervisor will mail to County Supervisor becomes aware of make a determination on the appeal. He the Finance Office Form FmuRA 451-21, a facts that substantially change the bor- .will notify the borrower in writing, of his copy of the new promissory note, and a rower's repayment ability, the Justifica- decision and also inform the District DI- copy of the approved cancellation of in- tion for a moratorium will be reviewed rector and the County Supervisor of the terest form, or if cancellation of interest by the County Supervisor and terminated action to be taken on the application. If was not considered or disapproved, he or extended for another 6-month period the application is disapproved, the State will proceed as in paragraph (e) (1) of if the facts so warant The extension Director will indicate the reasons for this section. will be accomplished by distributing new disapproval and will include the follow- (42 U.S.C. 1480; dclelatlon of authority by instruments as outlined in paragraph (b) ing statement in his letter to the bor- the Scc. of Agri., 7 C'!. 2.23; delegatIon of (2) of this section prior to the expira- rower: "If you wish to have the decision nuthority by the A--t. Sec. for Rural Develop- tion of the current moratorium. The mor- on your application reviewed, you may ment, 7 CFR 2.'0.) atorium will not be effective prior to the write to the Administrator explaining date the application for a moratorium why you believe your application for a Date: November23, 1976. was received in the County Offce, except moratorium should be approved. His ad- FTM.ur B. ExuOTT, that the moratorium may be retroactive dress is: Administrator, Farmers Home Administrator, for up to but not more than the previous Aaministration, U.S. Department of Ag- FarmersHome Administration. 30 days if the circumstances for which riculture, Washington, D.C. 20250." On IFR Mc.7G-35438 Fled 12-1-76;8:45 am] the moratorium is to be granted existed receipt of a request from a borrower that during the earlier period of time. No mor- the decision of the State 15irector be re- atorium may be extended beyond a date considered, the Administrator will ob- DEPARTMENT OF JUSTICE more than 3 years from the date of the tain a comprehensive report on the ap- Parole Commission initial moratorium. In no event will a plication for a moratorium from the- borrower be allowed more than a single State Director. In making his decision, E28 CFR Part2] moratorium, plus any extensions thereof, the Administrator will consider this In- PAROLE, RELEASE, SUPERVISION AND during the life of the loan, unless prior formation together with any additional RECOMMITMENT OF PRISONERS authorization is received from the State information that may be provided by the Youth Offenders and Juvenile Delinquents Director. At the end of the moratorium borrower and will notify the borrower by period and any extensions thereof, the letter (copy to the State Director) of his Purauant to the authority of 28 CF.R. borrower's account (as modified by any decision. If the decision is adverse to the Chapter 1, Part 0, Subpart V and 18 interest credit or interest cancellation borrower, the Administrator will indi- U.S.C. § 4203(a) (1), 90 Stat. 220, notice assistance), will be reamortize'd or proc- cate in his letter to the borrower the rea- is hereby given that the Parole Com- essed in the same manner as other FmHA sons for disapproval of his request. mission intends to consider adoption of accounts in accordance with § 1861.9. (e) Action at the expiration of the certain regulations listed below govern- (4) Interest will accrue during the final moratorium period. At the expira- ing parole, release, supervision and re- moratorium at the rate shown on the tion of the final moratorium period, the commitmedt of prisoners, youth offenders promissory note or, when appropriate, County Supervisor will: and Juvenile delinquents. the reduced interest rate applicable to (1) If he determines that the borrower All interested persons who wish -to the Interest Credit Agreement In effect. can make scheduled payments on the make comments or suggestions in connec- (5) Cancellation of any part or all of balance owed without cancellation of tion with these proposed regulations the interest which accrued during the part or all of the interest which accrued should send written statements to the moratorium plus any extension thereof, during the moratorium, submit to the United States Parole Commission, Fed- will be granted only in cases of extreme Finance Office, a copy of a completed eral Home Loan Bank Board Building, hardship, as defined in paragraph (a) (3) Form FmHA 451-37, "Additional Partial 320 First Street, Northwest, Washington, of this section. A request for cancellation Payment Agreement," or the original of D.C. 20537, Attention: Rulemaking Com- will be made in accordance with para- a completed Form FmlHA 451-21, "Re- mittee, All comments and suggestions graph -(e) of this section. quest for Reamortization of Real Estate should be received by January 24, 1977. (c) Letter of request for moratorium. Loan," and a copy of a new promissory § 2.10(b) (Proposed regulation). It has he County Supervisor will provide the note if these last two forms were pre- been proposed that a prisoner who re- borrower who wishes to apply for a mor- pared to establish a new repayment ceives a sentence for civil contempt of atorium on payments with four copies schedule. The date shown for "period court shall not receive credit toward the of Form FmHA 451-22, "Request for ending" on Form FmHA 451-21 for a service of any other term he Is serving Moratorium on Payments (Sections 502- section 502 RH loan will be no later than until the sentence of contempt is lifted. 504 RH Loans) ." The borrower, assisted 33 years from, the date the loan was Such a Policy appears to be dictated by by County Office personnel, will complete closed. The "period ending" date for a the consideration that a sentence of civil the applicable spaces on the form and section 504 RH loan wM1 be no later than contempt would otherwise have no effect sign and return all copies to the County 10, 15, or 20 years from the date the loan on prisoners already serving fixed term Supervisor. The County Supervisor will was closed, depending on the terms of sentence-. The text of the proposed rule forward a copy of the completed form the loan as. allowed by the provisions of is as follows: together with the original and two copies Subpart B of Part 1822 of this Chapter. 210(b) The imposition of a sentence of Form FiHA 451-23, for the concur- Otherwise, reamortization of direct or of imprisonment for civil contempt shall rence of the District Director. The Dis- insured loans will be handled In accord- Interrupt the running of any sentence of trict Director will indicate his determi- ance with the provisions of § 1801.9. imprisonment being served at the time nation of Form FrnHA 451-23 and return (2) If he determines that the borrower the sentence of civil contempt is im- all the forms to the County Supervisor. is unable to make the scheduled pay- posed, and the sentence or sentences so The County Supervisor will distribute the ments on the balance owed without can- interrupted shall not commence to run copies in accordance with paragraph (b) cellation of part or all of the interest again until the sentence of civil con- (2) of this section. which accrued during the moratorium, tempt is lifted. (d) Borrower'sappeal for review of ad- forward a completed Form FnIHA 451-23 § 2.10(c) (Proposed regulation). It has verse action. The borrower hay appeal In an orlginal and three copies to the also been proposed that a person com- to the State Director for review of ad- District Director. The District Director mitted under the Youth Corrections Act, Tverse action taken by the County Super- will complete his part of the form and 18 U.S.C. § 5010, or a person committed

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52890 PROPOSED RULES

under the Narcotic Addict Rehabilita- Item C El these proposed standards, stating the tion Act, 18 U.S.C. § 4253, shall not re- Age at first commitment (adult or grounds therefor, and to request a pub- ceive credit toward the service of the juvenile): 26 or older--- ...... 2 lic hearing on such objections. sentence for any period during which Written objections were timely filed that person has been in bail release, es- 18 to 25--_------1 17 or younger ------0 with the Administrator stating the cape, or absconder status. This provi- Item D [ grounds for objections and reqitesting a sion would be an exception, along with Commitment offense did not In- public hearing on the proposed §§ 75.2000 the proposed § 2.10(b) above, to the gen- volve auto theft or checks (for- through 75.2010 and §§ 77.2000 through eral rule that such sentences are served gery/larceny) ------1 77.2010. In accordance with section 101 uninterruptedly from the date of con- Otherwise ------0 (f) of the Act, a Notice of Objections viction (18 U.S.C. § 5017(c)) and equates Item E E] Never had parole revoked or been Filed and Hearing Requested was pub- absconding from a parolee's district of lished in the FEDERAL REGISTER for Sub- supervision committed for a new offense with escape from imprison- while on parole, and not a pro- part T of Part 75 on November 11, 1976 ment. The text of the proposed rule is bation violator this time ------1 (41 FR 49838) and for Subpart U of as follows: Otherwise ------O Part 77 on November 15, 1976 (41 FR 2.10(c) Service of the sentence of a Item F [] 50299). committed youth offender or a person No history of heroin or oplate Pursuant to section 101(g) of the Act dependence ------1------1notice is hereby given that a public hear, committed under the Narcotic Addict Otherwise ------0 Rehabilitation Act commences to run Item G [] ing will be held beginning at 9:00 a.m from the date of conviction and is inter- Verified employment (or full-time on Wednesday, January 5, 1977, and will rupted only when such prisoner or pa- school attendance) for a total of continue if necessary through PrIday, rolee (1) is on bail pending appeal; (2) at least 6 me during the last 2 January 7, 1977, In the House Chamber is in escape status; (3) has absconded yr in the community ------1 State Capital Building, Charleston, West from his or her district of parole super- Otherwise ------0 Virginia. The public hearing will resume vision; or (4) comes within the provi- Total score El at 9:00 a.m. on Monday, January 10, sions of subsection (b) of this section. Dated: November 26, 1976. 1977, and will continue if necessary through Wednesday, January 12, 1977, in § 2.20 (offense severity examples). In GEORGE J. REED, the proposed rules published at 41 FR, the auditorium (Rm. 269), Main Post Acting Vice Chairman, Office Building, 1823 Stout St., Denver, 19325 (May 12, 1976), at § 2.20 (Paroling United States ParoleCommission. policy guidelines), the previously used Colorado. The purpose of the public offense example of "organized vehicle [FR Doc.76-35294 Filed 12-1-76;8:45 am] hearing is to receive relevant evidence theft" ("high" severity category), was on the proposed training regulations. changed to read "vehicle theft for re- PENSION BENEFIT GUARANTY The following issues have been raised by sale". This change was overlooked in the CORPORATION the written comments and objections: final publication of those.rules at 41 FE, GENERAL 37316 (September 3, 1976). The Commis- E29 CFR Part 2608 1 sion intends that this error be corrected PENSION PLAN (1) Whether the Secretary of the In. and therefore proposes that vehicle theft terior has the authority to regulate train- Allocation of Assets; Supplemental Notice ing. for resale be substituted for "organized of Proposed vehicle theft" in the "high" offense se- Rulemaking (2) Whether training regulations are verity Correction necessary or justifiable. category. (3) What are the anticlapted costs of § 2.20 (proposed salient factor score In FR Doc. 76-31421 appearing on page the regulations. revision). Finally, it has been proposed 48492 in the FEDERAL REGISTER Of (4) Whether the assigned courses and' that the salient factor score at § 2.20 Wednesday, November 3, 1976, on page course hours are satisfactory or neces- be revised. The proposed scoring sys- 48493 the comment date in the last para- sary, for example, should cardiopulmo- tem drops two items: education (the graph should be corrected to read, "De- nary resuscitation (CPR) and explosives weakest of the items in predictive cember 3, 1976". training be mandatory for all miners and value) and living arrangements (an item should instruction in miners' rights and sometimes difficult to score reliably), DEPARTMENT OF THE INTERIOR fire protection be included, and modifies several others. The predic- (5) Whether the regulations should tive power of the revised device appears Mining Enforcement and Safety require miners to participate in the equivalent to the device presently in use. Administration training course. However, the revised device appears to E30 CFR Parts 75, 77 (6) Whether representatives of miners pose a substantial advantage in its reli- TRAINING AND RETRAINING OF should have input into the development ability in actual field scoring (i.e., it will MINERS and conduct of training programs, more accurately reflect the facts of each (7) Will MESA have the means to pro- case in the areas selected for measure- Notice of Public Hearing vide necessary assistance, and If not, ment). Thus, adoption of Pursuant to the authority vested in what impact will that have on enforce- the proposed ment. scoring system should provide for more the Secretary of the Interior under section 101(a) of the Federal Coal Mine (8) Whether training received by a consistent decision-making, with no loss Health and Safety Act of 1969, as qualified peison will satisfy the proposed of predictive power. Actual field predic- amended (83 Stat. 745; 30 U.S.C. 811 mandatory training. tive power may well increase slightly (a)), there were published in the FED- (9) Whether the requirements allow with the greater reliability in field scor- ERAL REGISTER for July 29, 1976 (41 FR adequate flexibility to permit centralized ing mentioned above. The proposed 31553 and 31556) notices proposing that training, on-the-job training, and other- Parts 75 and 77, Subchapter 0, Chapter wise allow training to vary according to device is set forth below: I, Title 30, Code of Federal Regulations, the particular operation. SALIENT FACTOR SCORE (10) Whether all experienced and in- Item A El be amended by adding a new Subpart T and a new Subpart U, respectively. The experienced miners must first complete No prior convictions (adult or proposed amendments pertain to the training before performing any work In juvenile) ------3 a coal mine. 1 or 2 prior convictions ------2 training and retraining of miners. 2 or 3 prior convictions ------1 Interested persons were afforded a pe- (11) Whether training for inexperienced and experienced miners should be 4 or more prior convictions ------0 riod in excess of 45 days following pub- Item B []- spread over a period of weeks or con- lication within which to submit to the centrated in the first few days of em- No prior incarcerations (adult or Administrator, Mining Enforcement and juvenile) ------"2 ployment. 1 or 2 prior Incarcerations ------1 Safety Administration, written com- (12) Whether there should be a pro- 3 or more prior incarcerations.... 0 ments, suggestions and objections to vision for conducting periodic unsohed-

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 PROPOSED RULES 52891

uled emergency evacuation drills under (30) Whether inexperienced miners (47) Should MESA promptly notify MTESA-supervision. should receive certificates from 31SA as the employer Upon approval of an in- (13) Should there be a provision for proof of training received. structor. periodic review of the adequacy of train- (31) Whether the operator should be §§ ing and how will the regulations be en- required to subilt "proof" to the repre- 75.2010 and 77.2010 forced. sentative of the miners that an inexperi- (48) Whether the records of training <14) Whether special provisions for enced miner has been trained. should be kept by the operator at the training at Accident -Prevention (AP) (32 Whether the words "precediLg mine or other specified location. mines should be included. initial employment" should be deleted The Assistant Administrator, Educa- (15) 'Whether the regulations should from §§75.2004(c) and 77.2004(c) to tion and Training, Mining Enforcement require periodic upgrading of the skills eliminate any conflict as to which em- and Safety Administration, will conduct of supervisory personnel. ployees are to be given training. the hearinz. §§ 75.2000 and 77.2000 (33) Whether relative to first aid and The hearing shall be conducted in an cardiopulmonary resuscitation (CPR) informal manner and a verbatim tran- (16) Whether the surface training training the operator is liable when an script will be maintained. All written regulations should exclude surface areas instructor fails to use or misuses the statements. charts and other data will of underground mines. proposed technique resulting in injury be received in the record. Within 60 days (17) Whether small operators and in- to the trainee miner. after completion of the hearing, the Sec- dependent contractors should be ex- (34) Whether once a miner is trained retary shall make findings of fact which -empted from complying with the training such training is sufficient although the shall be public. regulations. minerchanges jobs or mines. It is requested that persons who desire §§ 75.2001 and 77.2001 to testify at the hearing notify the As- §§ 752006 and 77.2006 sistant Administrator, Education and (18) Whether the terms "experienced (35) Whether training should be re- Trainifn, Mining Enforcement and miner," "inexperienced miner," "agent," "opening," "work- stoppages," "safe quired for all new work assignments. Safety Administration, Department of op- (36) Whether the acceptable work ex- the Interior, Room 528, Ballston Tower eratingprocedures,' "experienced fore- perience requirement for reassigned No. 3.4015 Wilson Boulevard, Arlington, men," "experienced machine or equip- Virginia 22203, ment operators" miners should be changed. telephone (703) 235-1400, and "interested persons" (37) Whether in § 77.2006(a) there Is no later than Friday, December 31, 1976. should be defined or clarified. a conflict between the term "on-the-job Copies of comments, suggestions and ob- §§ 75.2002 and 77.2002 training" and the wording "shall not jections fled may be examined at, or ob- (19) Should MESA "approve" training perform such new work duties until the tained from the Assistant Administrator, programs. training * * * has been completed." Education and Training. (20) Whether the time limits are suffi- (38) Whether §§ 75.2006 and 17.2006 Date: November 26,1976. cient for the operator to submit a train- would conflict with job bidding provisions or state laws. WmLrx~z L. Fisime, ing program for approval. Assistant Secretaryof the interior. (21) Whether prior MESA approval (39) Whether requirements for train- should be required for changes in in- Ing on new machinery and for dispatch- [FR Doc.7G-35439 Filed 12-1-7e;8:45 aml structors, course materials, and time al- ers should be written as separate regu- locations in approved programs. lations. DEPARTMENT OF HEALTH, (40) Whether the proficiency test re- §§ 75.2003 and 77.2003 quired of machine operators should be EDUCATION, AND WELFARE (22) Whether the regulations should recorded and attested to by signature. Fmalth Rezources Administration include a brief outline of course material, §§ 75.2007 and 77.2007 [42 CFR Part 124] a general description of teaching methods or guidelines for an acceptable pro- (41) Whether to include a provision to PROJECT GRANTS FOR PUBLIC MEDICAL the effect that If a training program is FACILITY CONSTRUCTION AND MOD- gram. ERNIZATION (23) Whether instructors should be ap- conducted during a regular shift, miners proved by MESA, and if so, whether the should be compensated at regular rates; Proposed Rulemaking if conducted on overtime, miners should criteria for approval should be set forth. Correction (24) Whether qualifications should be be compensated at premium rates. established for the company official re- (42) Whether the last two words of In FR Doe. 7C-34989, appearing atpage sponsible for health and safety training §§ 75.2007(b) (1) and 77.2007(b) (1), 52079 in the issue of Friday, November 26, at the "each miner," should be changed to "Job 1976, on page 52082, column 1, in para- mine. classification." (25) Whether under §§ 75.2003(c) and graph (iI), delete lines 4, 5 and 6 and 77.2003(c) the Chief of the Training §§ 75.2008 and 77.2008 substitute the following therefor: "such certificate of need program is conducted Center should specify in writing his rea- (43) Whether the reduction in amount sons for disapproving any phase or time by another agency of the State, a cur- of time for instruction provisions should rently effective certificate of need from reduction of a training program. be eliminated since operators may file (26) Whether the word "reasonable" such other agency which Is adopted by section 301(c) petitions for modification. the State Agency." should be inserted before the word "time" (44) Whether reductions in instruc- in §§ 75.2003(c) (1) and 77.2003(c) (1). tion (27) Whether the official responsible time permitted by the Chief of the DEPARTMENT OF for health and safety training must be Training Center should have the concur- TRANSPORTATION "at the mine" rehce of the District Manager. Materials Transportation Bureau (28) Whether an operator can proceed §§ 75.2009 and 77.2009 with phases of a training program that [49 CFR Part 172] have been approved or whether the entire (45) Whether MESA's program for [Pocket ITo. 3=-1411 approving instructors should be con- program must be approved before Imple- COLOR CODING OF COMPRESSED GAS mentation. ducted at regular intervals In the imme- PACKAGES diate region of the mine site. §§ 75.2004 and 77.2004 Advance Notice of Proposed Rulemaidng; (29) Whether the operator should bear (46) Should operators be given a sped- Postponement of Date for Filing Com- the burden of proof for demonstrating fled time to have instructors approved ments that a newly hired miner has received before the effective date of the training On September 30, 1976, the Office of prior training. program. Hazardous Materials Operations pub-

FEDERAL REGISTER, VOL 41, NO. 233-IURSDAY, DECEMBE1 2, 1976 52892 PROPOSED RULES

lished a notice (41 PR 43188) under Another argument advanced by ATA Is consideration as well in that visibility of Docket No. HM-141 soliciting comments that the 55 mph speed limit has reduced lower mounted lamps was more likely to concerning the merits of color coding of the differential in speeds between trucks be reduced by mud and snow in earlier compressed gas packages. The closing and Passenger cars which formerly may times when the nation's primary and date for filing comments was Novem- have contributed to rear-end collisions secondary road system was not as well ber 30, 1976. and that therefore the marking function developed as it is today. The NHTSA be- A request has been received from a of the lamps has lost its significance. lieves that if the height of these marker potential commenter who has asked for On the basis of information currently lamps serves the presumed safety pur- additional time to make a presentation available, the NHTSA has decided that pose, the location requirements should be based on Information and views to be the ATA petition merits Initiation of iretained. But if not, then there is no obtained from a more complete analyses rulemaking. Since' the arguments ad- longer a safety need to retain a design- of the proposal. Since the purpose of the vanced by ATA are generally applicable restrictive requirement. The comments notice was to obtain as much informa- to vehicles other than trailers, the pro- received in response to this notice will, tion and as many viewpoints as possible, posed amendment would include any of course, be carefully considered In we believe that additional time should motor vehicle required by Standard No. reaching a final decision. be allowed for such a purpose. In consid- 108 to be equipped with clearance and In accordance with the Secretary's di- eration of the foregoing, the date for fll- Identification lamps. The location re- rective to improve analysis and review of Ing comments on the notice under Docket quirements for clearance and Identifica- regulations (41 FR 16200), Implementing HM-141 Is changed from November 30, tion lamps were part of initial Standard the President's policy of regulatory re- 1976 to February 1, 1977. , No. 108, "based upon existing standards" form, the NHTSA has evaluated the ben- (49 U.S.. 1803, 1804, 1808; 49 CFR 1.53(e) in accordance with the mandate of sec- efits and other impacts of the proposal, and paragraph (e) (4) of App. A to Part 102.) tion 103(h) of the National Traffic and The proposed amendment, by eliminating Motor Vehicle Safety Act (15 U.S.C. 1392 a restriction, would impose no additional Issued in Washington, D.C., on Novem- (h)). The standards were those of the cost burden upon any regulated person. ber 26, 1976. Society of Automotive Engineers and the In consideration of the foregoing, It is C. H. THOMPsON, P.E., Bureau of Motor Carrier Safety, Federal proposed that 49 CFR 571.108, Motor HighWay Acting Director,Offiee of Administration, which pre- Vehicle Safety Standard No. 108 be HazardousMaterials Operations. scribed that these lamps be located at the top of the vehicle. The premise for these amended as follows: [FR Doc.76-35421 Filed am] 12-1-76;8:45 requirements appears to have been that § 571 EAmended] the height and width of over-size vehicles that are frequently slow moving should be 1. Paragraph S4.3.1.4 would be deleted. National Highway Traffic Safety 2. Administration distinctively marked in a way to alert In Table II, the requirements for Interested persons are invited to sub- identification lamps and clearance lamps [49 CFR Part 571] mit comments on the proposal. Coin- would be revised to read: [Docket No. 76-08; Notice 1] TABLE 11.-Location of required equipment (multipurpose pas8Cngcr Vchipics, fritcks, LAMPS, REFLECTIVE DEVICES, AND trailers,and buses of 80 or more inches overall width) ASSOCIATED EQUIPMENT Motor Vehicle Safety Standard, Item Location on- Helght above road surface measured front This notice proposes an amendment MIultipurpos passenger vehicles, Trailers center of Item oil of 49 CFR 571.108, Motor Vehicle Safety trucks, and buses vehicle at curb weight Standard No. 108, Lamps, Reflective De- vices, and Associated Equipment, to re- Identification On thfront-3amberlamps, as close On the front-None. On the front-No part vise mounting height requirements for lamps. as practicable to the top of the oftholamporsout. vehicle, at the same height, asclose gs shall extend clearance and identification lamps. as practicable to the vertical below the top of the Motor Vehicle Safety Standard No. 108 centerling with lamp centers veldclo's wintslileld, requires motor vehicles whose overall spaced not less than 6 in. or more than 12 In. apart. width is 80 inches or more to be equipped On the rear-3ved lamps at the same On the rear-3 red lamps at the same On the rear-No with clearance lamps and identification height, as close as practicable to the height, as close as practicable to the requirement. vertical centerline, with lamp vertical centerlino with lamp lamps. The Standard further requires centers spaced not less than 6 In. centers spaced not less than 6 In. that these lamps be mounted as close or more than 12 In. apart, or more than 12 in. apart. as practicable Clearance On the front-2 amber lamps, to On the front-2 amber lamps, to On the front-No to the top of the vehicle lamps. Indicate the overall width of the Indicate the overall width of the requirement (Table I), but allows a lower mounting vehicle I on each side of the verti- vehicle I on each side of the verti- of the clearance lamps if the rear cal centerline, at the same height, cal centerlino, at the same height. iden- and as near the top as practicable. tification lamps are mounted at the ve- On the rear-2 red lamps to indicate On the rear-2 red lamps to indicate On the rcar-No hicle's extreme height (S4.3.1.4). The the overall width of the vehicle, 1 the overall width of the vehicle, 1 requirement. on each side of the vertical center- on each side of the vertical center- American Trucking Associations Inc. line, at the same height, line, at the same height. / ("ATA") has petitioned for deletion-of S4.3.1.4 and any references to mounting height of clearance -and identification- ments should refer to the docket num- the rulemaking action may proceed at lamps on trailers, as contained in Table ber and be submitted to: Docket Section, any time after that date, and comments Ir. ATA argues that the current standard National Highway Traffic Safety Admin- received after the closing date and too results in anomalies, and that because istration, Room 5108, 400 Seventh Street, late for consideration in regard to the of the wide variety of body configurations S.W., Washington, D.C. 20590. It is reaction will be treated as suggestions for it is impossible to establish a uniformly quested but not required that 10 copies be submitted. future rulemaking. The NHTSA will con- applicable mounting height requirement tinue to file relevant material as it be- for these lamps. It argues further that All comments received before the close high lamp placement inhibits safety in of business on the comment closing date comes available in the docket after the inclement weather by depriving the fol- indicated below will-be considered, and closing date, and it is recommended that lowing driver "of the aggregate effect of will be available for examination in the interested persons continue to examine low-mounted identification and clearance docket at the above address both before and after that date. To the extent pos- the docket for new material. lamps found on almost all trailers ex- Comment closing date: January 13, cept van-type". It also argues that low- sible, comments filed after the closing mounted lamps are more easily gleaned date will also be considered. However, 1977. and likely to be maintained than higher other drivers of the presence of a po- Proposed effective date: Date of pub- ones, and less of a hazard since use of tentlal hazard using the road ahead., liation of amendment in the FEDEIAL a ladder Is not required to reach them. There appears to have been a practical REGISTER.

FEDERAL REGISTER, VOL. 41, NO.. 233-THURSDAY, DECEMBER 2, 1976 PROPOSED RULES 5-9893

(Sees. 103, 119, Pub. L. 89-663, 80 Stat. 718 statute or make minor modifications in scribed to Implement the provisions of (15 U.S.C. 1302, 1407); delegations of au- current regulations. Justification state- Pub. L. 90-433, contrary to expectations, thority at 49 CFR 1.50 e.ndi 49 CFn 501.8.) ments in support of the rules speak in have not resulted In substantially better Issued on November 16,1976. 'general terms about the sham co-op control of this situation. What was once problem. The statements omlt rational an isolateil area of concern has developed ROBERT L. CARTER, explanations of why the rules are neces- into a national problem. The number of Associate Administrator, sary or how they will assist in solving organizations claiming the exemption Motor-Vehicle Programs. specific problemg. In my view, our cur- has proliferated as well as has their IFR Doc.76-34996 Fled 12-1-76;8:45 am] rent regulations are adequate and the solicitation of traffic to the detriment of statute gives us the requisite authority the regulated transportation industry. -- INTERSTATE COMMERCE and guidelines we need to enforce the sec- Twenty-seven organizations registered tion 203(b) (5) exemption. - *ith the Commission in 1969 following COMMISSIO N By opposing the institution of this pro-- adoption of the filing requirements of E49 CFR Part 1047] ceeting, I do not mean to Imply any dis- § 1047.23. During 1970, 1 filing was re- [Ex Parte No. MC--75 (Sub-No. 1)] agreement with. the majority's percep- ceived, followed by 30 during 1971, 41 tion of the difficulties the agency faces during 1973, 41 during 1974, and 79 in- AGRICULTURAL COOPERATIVE TRANS- in this area However, we must under- 1975. Court action brought against a PORTATION EXEMPTION (MODIFICA- stand that regulations, old or new, do number of these cooperatives has re- .TION OF REGULATIONS) not enforce themselves. Thus, new regu- sulted in the production of evidence re- Notice of Proposed Rulemaking lations must promise some improvements vealing that a significant amount of tonnage normally handled by regulated rail At a General Session-of the Interstate before we plunge Into a proceeding which diverts scarce enforcement re- and motor carriers has been diverted Commerce Commission, held at its office from these two modes. It appears that on the 18th day of sources from the important task of polic- in Washington, D.C., ing compliance with the law. substantial volumes of such commodities November,- 1976. achieve as glass, meat, frozen foods, soap powd- That based upon the rea- I believe that we can better It is ordered, the results we are seeking by vigorously ers, chemicals, steel products, canned sons set forth in the attached notice, a enforcing the law. Those who file false foodstuffs, and drugs routinely have been proceeding, be, and Is hereby, instituted be prosecuted transported by firms operating pursuant pursuant to 5 U.S.C. 552, 553, and 569 Bop 102 statements should under 18 U.S.C. 1001 which carries a to the agricultural cooperative exemp- (the Administrative Procedure Act) and tion. For example, in a recent proceed- sections 203 and 204 of the Interstate penalty of five years in prison, a $10,000 fine, or both. Organizations which ex- Ing, a motor carrier, operating as an Commerce Act (49 U.S.C. 303 and 304). guidelines alleged exempt agricultural cooperative. It is further ordered,That the attached ceed -the specific percentage for non/member transportation of sec- was enjoined and restrained by a U.S. notice be, and it is hereby, adopted and District Court from engaging in unlawfiT incorporated by reference Into this tion 203(b) (5) should be brought before the courts where such activities may be operations, and a major chemical manu- order. facturer was likewise restrained from It is further ordered, That the Bureau permanently enjoined. We have specific authority in section 220(g) of the Act to using Its services. It was revealed that of Enforcement of this Commission, be, the chemical manufacturer had shipped and it is hereby, authorized and directed inspect co-op books and records to assist us in detecting and terminating unlaw- 27,426,000 pounds 'of chemicals durin to participate in -thisproceeding. 1974 and 13,842,000 pounds during tiih And it is further ordered, That notice ful conduct. The notice Indicates that we have had first 6 months of 1975 via the alleged of the institution of this proceeding shall cooperative which operated either as a be given to the general public by mailing modest success in terminating the transportation activities of Illegal co-ops. We carrier or broker. a copy of this order to the Public Utili- Listed below Is a tabulation of enforce- ties Commission or Board of each State should strengthen this favorable record and provide a meaningful deterrent to ment actions concluded by the Commis- having jurisdiction over motor trans- sion and the courts Involving unauthor- portation, by depositing a. copy of this chronic abusers of the law and our regulations. ized motor carrier operations by alleged order and the attached notice in the or sham cooperatives. Interstate Com- In view of the fact that this proceed Office of the Secretary, in- merce-Commisslon, Washington, D.C., for Ing is being instituted, I hope that .Xn'mner of enforcement aclons Public inspection, and by delivering a terested persons will take the opportunity to suggest changes in the law or Improved copy of the notice to the Director, Office Adm _nxativeCcvut of the Federal Register, for publication enforcement techniques to meet the in the EBERAL REGISTER as notice to problem. Constructive comments in these interested persons. areas may salvage some benefits from 19 ...... 3 5 an otherwise wasteful proceeding. By the Commission. (Commisioner 1.72...... ~ 0 r Christian dissenting and Commissioner NorIcE OF PROPOSED RULE AIII;O ...... Corber not participating). * Purpose: The purpose of this docu- -ROBERT -L OSWALD, ment is to notify the public that the In- Secretary. terstate Commerce Commission is proposing modifications to its regulations (A detailed summary of these actions Commissioner Christian, dissenting: which would, if adopted, (1) more clearly is available for public examination.) It I did not join my colleagues in voting to define the exemption from economic Is apparent that some action-must be institute this rulemaking proceeding be- regulation pLccorded motor vehicles con- taken to correct the adverse effect the cause I strongly believe that it will not trolled 'and operated by agricultural operations of the "sham" cooperatives offer no material -assistance in combat- cooperative associations or federations are having on surface modes of reg- ing the very serious problems it purports thereof, and (2) formulate new and re- ulated transportation. to address. I am taking the unusual step vised requirements concerning record Proposed regulations, and a short jus- of dissenting from the institution of this keeping and notice to the Commission tification for each, are set forth in Ap- proceeding because I am convinced that respecting certain transportation pro- pendix A to this notice. Briefly stated, new or changed rures are not required in vided in such motor vehicles.. the proposed rules will, amonk other this area. What is needed is the dedica- The continued expansion of unlawful things, (1) MLore clearly define an agri- tion of our energies to pursuing those motor carrier operations by alleged agricultural cooperative association and its who are abusing the exemption of section cultural cooperatives has increased our members consistent with the Agricultural 203(b) (5) of the Interstate Commerce concern as to the adverse Impact such Marketing Act, approved June 15, 1929, Act. unlawful operations may have on the as amended (12 U.S.C. 1141j), (2) Revise The notice issued today offers rules regulated transportation industry. The the definition of member transportation, which either track the language of the regulations (49 CFR 1047.20-23) pre- (3) Preclude the use of one-way trip-

FEDERAL REGISTER. VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52894 PROPOSED RULES leased vehicles In the provision of non- spirit of the Agricultural Marketing Act. the cooperative association. [In the case farm-nonmember transportation, (4) See Machinery Haulers, supra; Agricul- of a federation of cooperative associa- Establish record-keeping requirements tural Transp. Assn. of Tex. Investigation, tions, the term "member" means any regarding the provision of non-member 102 M.C.C. 527 (1966), affirmed Agricul- cooperative association] which has con- transportation, (5) Revise Form BOp- tural Transportation Association of sented to be, has been accepted as, and 102 (by which Notice of Intent is given Texas v. United States, 274 F. Supp. 528 is a member in good standing in accord- to the Commission) and the require- (N. D. Tex. 1967) ; Interstate Commerce ance with the constitution, bylaws, or ments for the filing and amending there- Commission v. Southwest Marketing As- rules of the federation of cooperative of, Including rules under which flings sociation, 315 F. Supp. 805 (N. D. Tex. associations. may be rejected, and (6) Provide for 1970); and Interstate Commerce Com- Justification: No substantive change Is public notifl6ation of filings made. mission v. KSI Farm Lines Co-Op, Inc., contemplated. This subsection simply No hearings will be.scheduled for the 407 F. Supp. 145 (E. D. Wis. 1976). Addi- has been rewritten for the purposes of receiving of testimony in this proceed- tionally, the extent to which such coop- clarification. ing, unless a need therefor should later eratives may engage in transportation (d) Farmer.The term "farmer" means appear, but Interested parties may par- activities and still retain their status as any individual, partnership, corporation, ticipate in this proceeding by submitting legitimate cooperatives has been a topic or other business entity to the extent for consideration written statements of of considerable contention. On numerous engaged in farming operations either as facts, views, and Arguments on the sub- occasions, the Commission- has become a producer of agricultural commodities jects mentioned above, or any other sub- aware of sham cooperatives which are, or as a farm owner. jects pertinent to this proceeding. An in reality, transportation entities which Justification: No change or addition original and 15 copies of such statements derive substantial revenues from the is proposed. The term "farmer" was spe- shall be fled with the Secretary, Inter- transportation of non-exempt-trafflc for cifically defined as- above In Machinery state Commerce Commission, Washing- non-member shippers. Such sham coop- Haulers, supra, at page 19, which defini- ton, D.C. 20423, on or before January 31, eratives exploit the considered exemption subsequently was accepted by the 1977. All such statements will be con- tion, operate as unregulated carriers, and Commission in Implementation of Pub. sidered as evidence and as part of the divert revenues from regulated, properly L. 90-433, supra, and in other proceed- record i thisproceeding. authorized carriers. ings. We wish to emphasize, however, It is clear that Congress by no means that a farmer qualifies as a member of By this Commission.- intended to sanction a cooperative as- a cooperative only to the extent it en- ROBERT L.,OSWALD, sociation's indiscriminate and unregu- gages in farming operations and that the Secretary. lated participation in for-hire trans- transportation of a member farmer's PROPOSED REVISIONS OF 49 CFR portation in open competition with regu- non-farm business traffic contsltutes PART 1047 lated carriers. Agricultural Transp. Assn. transportation "for non-members who v. FloridaPub. Serv., 108 M.C.C. 96, 103- are neither farmers, cooperative associa- (Proposed changes or additions are In italics 104 (1968). It is believed that, by appro- tions, nor federations thereof" as the and brackets.) priate revision of-this subsection, the ex- terms are used In § 1047.21 herein. A G S.crTox 1047.20 DEFINITIONS. tent to which legitimate cooperatives Carriers, Inc.-Investigation of Opera- may engage in transportation will be tions, 124 M.C.C. 250, 256 (1975). As used in the regulations in this part, more clearly delineated and that poten- (e) Interstate Transportation. The the following terms shall have the mean- tial abuses of 'the considered exemption term "interstate transportation" means ing shown: will, in some measure, be forestalled. See, transportation by motor vehicle in Inter- (a) Cooperative Association. The term in addition to the above-cited cases, state or foreign commerceas defined In' "cooperative association" means an as- Northwest Agricultural Cooperative As- Part 1I of the Interstate Commerce Act, sociation which conforms to the defini- sociation, Inc. v. Interstate Commerce as amended. tion"in the Agricultural Marketing Act, Commission, 350 F. 2d 252 (9th Cir. Justification: No change or addition Is approved June 15, 1929, as amended (12 1965), tert. denied, 382 U.S. 1011 (1966); proposed. U.S.C. 1141j), [and which is engaged in Ex Parte No. MC-75 (Sub-No. 1), Im- (f) Member Transportation.The term transportationonly as al incidental and plementation of P. L. 90-433-Agric. "member tran'rortaton" means trans- necessary adfunct to its primary busi- Coop. Exemption, 108 M.C.C. 799 (1969): portation performed by a cooperative ness enterpriseas a producer and proces- Interstate Commerce Commission v. association or federation of cooperative sor o/ agriculturalcoinmodities. The co- Milk ProducersMarketing Company, 405 associations for. ltqelf or for Its members operative association must, be operated F. 2d 639 (10th Cir. 1969); and Muni- but does not inclpde transoort-'tlon rer- and controlled by and for the benefit of tions CarriersConference, Inc. v. Amer- formed in furtherance of the nonfarm elected officers and directors.] Associa- ican Farm. Lines, 303 F. Supp. 1078 (W. business [of itself or] of such members. tions which do not conform to such def- D. Okia. 1969), aff'd. 440 F. 2d 944 (loth [Member transportation includes the inition are not eligible to operate under Cir. 1971). transportationof manufactured or proc- the partial exemption of section 203(b) (b) Federation of Cooperative Asso- essed commoditieg only to the extftt of (5) of the Interstate Commerce Act. ciations. The term "federation of coop- - a percentage ratio to raw aork'ultural Justification for proposed changes or erative associations" means a federation commodities which is no greaterthan the additions: The partial exemption of sec- composed of either two or more coopera- percentage ratio of manufactured or tion 203(b) (5) was enacted with a view tive associations, or one or more coop- Processed commodities to raw agricul- toward excusing from economic regula- erative associations and one or more tural commodities Produced bm the coop- tion the transportation activities of legit- farmers, which federation possesses no erative or the member for which trans- imate farmer cooperatives in order to greater powers or purposes than A coop- portation is performed. Member trans- foster the growth and development of erative association as defined in para- portation does not include transporta- such cooperatives In the public interest graph (a) of this section. Federations of tion performed for or on behalf o1 the and in accordance with the announced cooperative associations which do not United States or any of its agencies or purposes of, the6-Agricultural Marketing conform to such definition are not eligl- instrumentalities.] Act. Machinery HaulersAssn. v. Agricul- ble to operate under the partial exemp- Justification: The performance of tural Commodity Serp., 86 M.C.C.'5, 13 tion of section -203(b) (5) of the Inter- transportation In the furtherance of the (1961). Since the enactment of that sec- state Commerce Act. farm business of a cooperative or IMs tion, and its subsequent amendment in Justification: No change or addition members is, of course, the hallmark of 1968, the question of what constitutes a is proposed. the legitimate cooperative association legitimate farmer cooperative has come (c) Member. The term "member", [in transportation activity. On the other before the Commission and thecourts on the ease of a cooperative association, hand, extensive operations In the trans- numerous -occasions. We believe that the means any farmerl which has consented portation of manufactured and proc- proposed revision of. this subsection 'in to be, has been accepted as, and is a essed conmmodities and Government traf- this regard, Is consistent both with Com- member In good standing in accordance fie historically have been indicative of mission and court decisions and with the with the constitution, bylaws, or rules of sham cooperative transportation activi-

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEhMBER 2, 1976. PROPOSED RULES 52895 ties. The Commission has been able to 15 percent of its total Interstate trans- "Incidental and necessary" test of the identify a significant number of shippers portation services in any fiscal year, statute and of these regulations. Com- which have been engaged in the regular measured in terms of tonnage. (Such pare Machinery Haulers, supra; Agri- use of the sham cooperative for the in- transportation shall not include trans- cultural Transportation Association of tersbatd transportation of their manu- portation performed through the use of Texas, supra;Agricultural Transp. Assn. factured or processed commodities. Such one-way trip-leased vehclWs.l A coop- v. Florida,supra; Northwest, supra;Im- traftc, usually moved at depressed rates, erative association or federation of co- plementation of Pub. L. 90-433, supra; has been diverted from -regulated car- operative associations may transport Its Mil: Producers, supra; Munitions Car- riers, both motor'and rail. Such diver- own property, its members' property, riers, supra; and Southwest Marketing, sion continues to grow and to have con- that of other farmers, and the prolerty supra. We believe, then, that the pro- siderable impact on the operations of of other cooperatives of federations in posed revision of this section is war- legitimate regulated transportation en- accordance with existing law, except in- ranted. tities. The proposed changes in the defi- sofar'as the provisions of § 1047.22 may (b The base tonnage to which said nition of member transportation, thus, be applicable with respect to the limit on 15 percent limitation is applied is all are put forth with a view toward cur- member/nonmember transportation. tonnage of all kinds transported by the tailing the undersirable activities of the (a) The phrase "Incidental to Its pri- cooperative association of federation of sham cooperative. It is clear that trans- mary transportation operation and nec- cooperative associations in interstate or portation performed for or on behalf of essary for Its effective performance" foreign commerce, whether for itself, its the United States does not constitute means that the interstate transportation memb-rs or nonmembers, for or on be- member transportati6n. A G Carriers, of the cooperative association or federa- half of the United States or any agency supra;'Munitions Carriers, supra; and tion of cooperative associations for non- or instrumentality thereof, and that per- Interstate Commerce Commission v. Big members as described above is performed formed within the exemption provided by Sky Farmers and Ranchers Marketing with the same trucks or tractors em- section 203(b) (6) of the Act. Cooperative of Montana, 451 F. 2d 511 ployed,in a prior or subsequent trip in Justification: No change or addition (9th Cir. 1971). Regarding the proposed the primary transportatlon operation of Is proposed. percentage ratio limitations respecting the cooperative association or federa- SEcnorz 1047.22 No mnEBT &siOa-sa. the transportation of manufactured or tion, that it is not economically feasible TATio:: LInITAtroN AND RECORD KEEPING processed commodities, we believe that to operate the trucks or tractors empty the proposed rule would have the desired on return trips (outbound trips In cases (a) Overall limitation of nonmember effect of curtailing the undesirable ac- where the primary transportation op- transportation.Nd cooperative associa- tivities of the sham cooperative while eration is inbound to the association or tion or federation or cooperative asso- having little or no impact on the opera- federation), and that the additional In- clations which is required to give notice tions of the legitimate cooperative as- come obtained from such transportation to the Commission under § 1047.23 may sociation. Compare Agricultural Trans- is necessary to make the primary trans- engage in nonmember interstate transportation Association of Texas, supra; portation operation financially practica- portation for compensation in any fiscal and A G Carriers, supra. The proposed ble. year which, measured In terms of ton- change in the first sentence of this sub- nage, exceeds Its total interstate member Justification: As originally conceived, transportation in such fiscal year. section is put forth in recognition of the nonfarm-nonmember transportation the fact that-coollerative associations, or Justification: No change or addition provision of this section was intended to is proposed. federations thereof, may, to some extent, assist the cooperative in minimizing the engage in nonfarm business. See A G wasteful, empty return (or, as the case (b) rRecords of interstate transporta- Carrierg,supra, at page 257. We do not may be, outbound movement) of its tion when nonmember transportationis believe that transportation in further- equipment. Such provision has been performed. Any cooperative association ance of'such business may be deemed much abused, however. Cooperatives or federation of cooperative associations member transportation. have transported nonfarm-nonmember as defined in this Partperforming inter- (g) Non-member transportation.The trafc in back-to-back moves, in so- state transportation for nonmembers term "non-member transportation" shall prepare and retain for a period of called "sandwich moves", following long at least two means transportation performed by'a co- layovers, or prior or subsequent to ex- years written records of all operative association or federation of co- tensive deadheading. Mk Producers, interstate transportationperformed for operative assocations other than member supra; Munitions Carriers,supra; and members and nonmembers.Such records transportation as defined in (f), above. Southwest Marketing, supra. More sig- shall contain (a) the date of the ship- Justification: This subsection would be nificantly, It appears that many associ- ment, (b) the names and addresses of changed only by way of reference to a the consignorand consignee, C) 'the ori- ations, perhaps sham cooperatives, have gin and destinationof the shipment, revised subsection (f, above. Reference been engaging in extensive one-way (d) should be made to the justification set a descriptionof the articles in the ship- trip-leasing operations which, we be- (e) forth thereunder. - lieve, prostitute the intent of the non- ment, the number of packages and (h) Fiscal year. weight or volume of the shipment, (f) The term "fiscal year" farm-nonmember transportation au- the exact rate or rates assessed, (g) the means -the annual accounting period thorization. So extensive are such oper- adopted by the cooperative association or ations that It appears that a new indus- total charges to be collected including a lederation of cooperative assdciatons for try, that of "cooperative agent", has statement of the nature and amount of Federal income tax reporting any charges for special service and the purposes. come into being. The cooperative agent, points at which such special service was Justification: No change or addition is rather than acting out of a concern for rendered and (h) a description of the proposed. the expeditious, economical return of the cooperative's equipment, actively solicits equipment used eitherby unit number or SEcTIoN 1047.21 CoPUTATioN orF ToN- non-member traffIc to be moved in trip- license number and, in the event this xAGE ALLOWABLE IN NoNPAPm-Noxmra- leased equipment. As indicated above, equipment is non-owned, the name and BER TRANSPqRTATION address of its owners and drivers. This Congress and this Commission have information shall be available at the Interstate transportation performed by sought to aid cooperative associations in location specified by the cooperative in a cooperative association or federation of performing their agricultural functions, its Form BOp 102 filed with the Inter- cooperative associations for nonmembers not to allow them to go into the general state Commerce Commission pursuantto who are neither farmers, cooperativeas- trucking business. Machinery Haulers, § 1047.23.] [It is proposed that this new sdciations, nor federations thereof for supra; and Agricultural Transp. Assn. v. Florida, supra. Having given the Issue subsection be added.] compensation, 'except transportation Justification: Commission investiga- otherwise exempt under part II of the much consideration, we have come to the conclusion that the one-way trip-leasing tions of agricultural cooperatives neces- Act, shall be limited to that which is in- sary to verify the proporlety of the trans- cidental to its primary transportation operations of agricultural cooperatives portation of nonmember traffic are often operation and necessary for its effective (whether bona fide or not, see A G Car- seriously hampered by the lack of factual performance and shall inno event exceed riers, supra) can not be said to meet the records as well as by the failure of the

FEDERAL REGISTER, VOL 41, NO. 233--THURSDAY, DECEMBER 2, 1976 52896 PROPOSED RULES regulations to specify the minimum In- such operations, and prior to the com- (rather than "slgnifcant" changes) In formation required. Whereas bona fide mencement of such operations by all the information concerning officers, di- agricultural cooperatives almost in- otheis, and shall be in the form, contain rectors, and the location of records, the variably have available the necessary the information, and be served in the Commission Is assured that current In- information, it has been our experience manner called for in Form BOp 102, forniation Is available. Further, by re- that the sham cooperative, often finding Notice to Commission of Intent, to Per- quiring that changes be brought to the refuge in the lack of specificity of our form Interstate Transportation for Cer- Commission's attention at the risk of present regulations, does not have such tain Nonmembers Under Section 203(b) not having a valid notice on file the information available. The addition of (5) of the Interstate Commerce Abt Commission underscored Its concern for this subsection requiring that there be (§ 1003.1 of this chapter). [Such notice the present lack of current information, kept available certain minimum infor- must be filed with, the Commission an- The proposed modification will also mation relative to nonmember transpor- nually, not later than the 15th of Janu" provide for a revised BOp 102 (shown tation Is proposed with views both toward ary. Following the receipt of a properly below) containing more explicit and forestalling the activities of, the sham completed Form BOp 102, the inforna- timely information as to the names and cooperative and toward eliminating the tion contained therein will be published addresses, as well as the principal occu- needlessly large amount of time and in the Federal Register as public notice pation, of the cooperative's principal financial resources the Commission has, of the intent of the agriculturalcoopera- officers and directors. This data is needed in the past, been forced to expend in tive associationor federation of coopera- in order for the Commission's field staff developing from other sources informa- tive "associationsto conduct interstate properly and expeditiously to verify the tion which should, we think, be available for-hire transportationfor non-members bona fides of the filing cooperative. Un- at the source--the location specified by under section 203(b) (5) of PartIt of the der existing regulations, cooperatives are the cooperative in its Form BOp 102 filed Interstate Commerce Act. not required to list the specific address with the Commission. It should be noted Any changes in the information con- and principal occupation of their prin- that the proposal iequlres only trans- cerning offcers, directors, and location cipal officers on the BOp 102. This has portation information, not information of t~ansportation records in the notice been particularly troublesome, for we of the cooperative's other activities that on file shall be brought to the Commis- have found on all too many occasions ought not to be of concern to this Corn-. sion's tttention by the filing of a supple- that the so-called "sham" cooperatives, mission. Note, further, that the proposal mental Form BOp 102 within 15 days of when called upon by members of the field does not contemplate any prescribed tucz change. The failure to inform the staff, have been quite uncooperative and form but, rather, simply seeks transpor- Commission of such changes will void have used numerous tactics to circum- tation information as It applies to non- the notice on file and result in the Com- vent the law and our regulations and to member traffic. mission's acceptance of the filing being delay our investigation of their activities, SEcTION 1047.23. NoTIcs TO THE rescinded on the basis that it does not For instance, all too often a Commission COMMISSION constitute adequate notice to the Com- representative will call upon the prin- mission of the description of the entity cipal office of an alleged cooperative only Notice to the Commission of intent to which intends to perform the transpor- to find that none of the principal officers perform interstate transportation for tation. is present and the clerk in charge is not certain nonmembers. A cooperative asso- Additionally, forms which are incom- authorized either to permit the inspec- ciation or federation of cooperative as- plete or are not properly notarized will tion of the firm's records or to inform sociations which performs or proposes to be rejected by the Commission.] our representative of the addresses of its perform interstate transportation for principal officers. A requirement that nonmembers, who are neither farmers, Justification: The file of Forms BOp such information be furnished, at the cooperative associations, nor federations 102 as maintained by the Commission is time of the filing of the BOp 102 is, thereof cooperative associations, under sec- often lacking in current information. fore, necessary and in the public interest. tion 203(b) (5 of the Interstate Com- Codperatives frequently change officers, The provisions for the publication of merce Act, as amended July 26, 1968, directors, and location without notifying these filings In the FEDERAL REGISTER which transportation is not otherwise the Commission. Such actions prevent the Commission from making field con- will provide appropriate notice to inter- exempt under Part II of the act, shall ested carrier and shipper groups and will notify the Commission of its intent to tact or serving notices without absorbing perform such transportation. Such noti- -unnecessary, additional expense. By re- invite the submission of Information that fication shall be given within 30 days of quiring the annual filing of notice and could have a bearing upon the propriety the effective date of the regulations in the prompt (within 15 days) notification of the applicable filing, this part by those already engaged in of the Commission of any changes [FZ Doc.76-35218 Filed 12-1-76;8:45 Am]

FEDERAl REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 11 527 notices I This section of the FEDERAL REGISTER contains documents other than rules or proposed mUs that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rullngs delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing In this section.

DEPARTMENT OF AGRICULTURE Forest Service new facilty is expected to yield 1.8 mI1ion gallons per day. Farmers Home Administration GRANDE RONDE PLANNING UNIT G. Town of Clayton (D-76-/12 CP). A well [Notice of Designation Number A4041 Availability of Draft Environmental water supply project to augment public wa- Statement; Correction ter supplles in the Town of Clayton. Kent; MICHIGAN County. Del. The new faclllty, designated The notice of availability for the as Well No. 3. 13 expected to yield 360,000 Designation of Emergency Areas Grande Ronde Planning Unit, Wallowa- gallons per day. The Secretary of Agriculture has de- Whitman National Forest. Oregon. 0. Philadelphia Gas Works (D-76-55) A termined that farming, ranching, or USDA-FS-R6-DES(Ad)-76-15, that ap- cooling water discharge at the Richmond aquaculture operations have Plant B of the Gas Works, City of Phila- been sub- peared In the FEDERAL REGISTER V0lUe delphla, Pa. About 12.4 million gallons per stantially affected in certain Michigan 41, Number 157, Thursday, August 12. day of uncontaminated cooling water dL- Counties as a result of various adverse 1976,41 FR 34087, Is corrected to extend charges to the Delaware River. weather conditions shown in the follow- the review period to January 10, 1976 7. PFD/PennColor, Inc. (D-76-82). A cool- ln chart: due to additional roadiess areas being ing water discharge at the company's faclity MCHGANr identified. iA Doylestown Township, Bucks County, Pa. Antrim: Drought June 15-September 17, CURTIS IA. SWANSON. An untreated and uncontaminated dis- 1976; frost August 29, 31 and September 1, SRegional EnvironmentalCoordi- charge of about 100.000 gallons per day will 1976. discharge Into Pine Run Creek, a tributary nafor Planning, Programing of North Branch Ne3haminy Creek- Charlevoix: DroughtJune 1-August 30, 1976. and Budgeting. Cheboygan: Drought June 1-September 1. 8. Delmarra Power and Light Co. (D-76- 102). A water withdrawal test facility on 1976; frost August 29 aid September 1, NOVELMBER 26, 1976. 1976. the CheMapeake and Delaware Canal. New Delta: Drought May 20-September 27. 1976; [FR Doc.76-35466 Plied 12-1-70;8:45 am] Castle County, Del. About 1.4 millon gal- frost August 30, 1976. lons per day will be withdrawn from the Canal. pased through a well screen and re- Emmet: Drought June 1-August 31, 1976; DELAWARE RIVER BASIN frost August 31 and September 1, 1976. turned to the Canal adjacent to the with- Grand Traverse: COMMISSION drawal point. The project. is designed to Drought July 1-Septem- evaluate the uze and performance of the ber 10, 1976; frost September 1, 1976. COMPREHENSIVE PLANS well screen 'Rent: Drought June 20-August 31. 1976. over a period of one year. ILeelanau: Drought June 20-August 31, 1976. Public Hearing 9. Rollins En-iroerental Serrice. Inc.' Menominee: Drought June 15-October 21, (D-69-152-3). An Industrial waste treatment 1976. Notice Is hereby given that the Dela- project at the company's facilities in Logan ware River Basin Commission will hold Town'hip. Gloucester County, NT. Various Otsego: Dbought June 15-September 23, treatment measures will be applied against 1976; frost August 29, 31 and September 1, a public hearing on Wednesday, Decem- 1976. ber, 8, 1976, commencing at 2 p. The a max]mum wastewater flow of about one Ottawa: million gallons per day having a,muaximun Drought May 30-September 8. 1976. hearing will be held In the Raphael Peale total dLsolved roids; concentration of 6.000 Losses and damages to crops occurred as a Room (second floor) of the Holiday Inn- millgrams per liter. Treated result of the above-disasters. efluent wi Penn Center, 1800 Mfarket Street, Phila- discharge to Raccoon Creek, a tributary of Therefore, the Secretary has desig- delphla, Pa. The subject of the hearing the Delaware River, at specified periods dur- nated these areas as eligible for emer- will be applications for approval of the Lng the daly tidal cycle. gency loans pursuant to the provisions of following projects as amendments to Documents relating to the items listed the Consolidated Farm and Rural Devel- the Comprehensive Plan pursuant to Ar- above may be examined at the Commis- opment Act, as amended by Pub. T. 94-68, ticle 11 of the Comnpanct and/or as proj- slon's offices. Persons wishing to testify and the Provisions of 7 CFR 1832.3(b) ect alprovals pursuant to Section 3.8 of are requested to notify the Secretary including the recommendation of Gover- the Compact. prior to the hearing. nor William G. Miliken that such desig- 1. West Chester Municipal Authority (D- nation be made. 76-74 CP). A well water supply jproject to W. BRINT-oN WmrsxAL., Applications for emergency loans must augment public water supplies In East Brad. Secretary. be received by this Department no later Xord Township and several adjacent com- NovnEsR 24,1976. than January munitles In Chester County, Pa. Designated 17,1977, for physical losses as Wells Nos. 4 and 5, the two new facilities [PR Doc.Tr6-3547PFlied 12-1-76;8:45 am] and August 16, 1977, for production are expected to yield 252.000 and 216,000 losses, except that qualified borowers who gallons per day. respectively. FEDERAL receive intial loans pursuant to this des- 2. Perkiomen Woods Derclopment (D-76- MARITIME COMMISSION ignation may be eligible for subsequent 104 tP). A well water supply project to'serve CARLOS EDMUNDO PLAZAS ET AL loh ns. The urgency the Perkiomen Woods Development in Up- of the need for loans Independent Ocean Freight Forwarder in the designated areas makes it im- per Providence Township. Montgomery Coun- ty, Pa. Designated as Well No. 3, the new License Applicants practicable and contrary to the public facility Is expected to yield approximately Notice interest to- give advance notice of pro- 270,000 gallons per day. is hereby given that the follow-. posed rulemaking and invite public par- 3. Borough of Malvcrn (D-72-47 CP). A Ing applicants have filed with the Fed- ticipaton. well water supply project to augment pub- eral MLaritime Commission applications 11c water supplies In the.Borough of L~al- for licenses as independent oceaA freight Done at Washington, D.C., this 24th vern, Chester County. Pa. Three new wells, forwarders pursuant to section 44(a) of day of November, 1976. designated as Wells Nos. 0, 7 and 8. are ex- the Shipping Act, 1916 (Stat. 522 and* pected to provide a combined yield of 209,- 46 U.S.C. 841(b)). FwixB. ELLroTT, O00 gallonsper day. Administrator, 4. City of Camden (D-76-30 CP). A well Persons knowing of any reason why FarmersHome Administration. water supply project to augment public wa- any of the following applicants should ter supplies In the City of Camden. Camden not receive a license are requested to [R Doc76-35437 lled 32-1-76;8:45 az] County. N.J. Designated as Well No. 18. the communicate with the Director, Bureau

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52898 NOTICES of Certification and Licensing, Federal DEPARTMENT OF COMMERCE Any person haviffg an interest In the Maritime Commission, Washington, D.C. granting 20573. Maritime-Administration of any of the applications and who would contest a finding by the Carlos Emundo Plazas, P.O. Box 3845, Ter. [Docket No. S-5251 Board that the service now provided by Annex, Los Angeles, CA 90051. vessels of U.S. registry Donald W. Mosley, P.O. Box 9242, Metairle, AMERICAN EAGLE TANKER CORP. ET AL. Is Inadequate, LA 70055. must on or before December 9, 1976, no- Multiple Applications tify the Board's Gables Freight Forwarders, Inc., 318,1 S.W. Secretary, in writing, of 13th Street, Apt. 110, Miami, Florida 33134. Notice is hereby given that the follow- his interest and of his position, and file Officers: Armando Vega, Secretary; Hugo ing companies have filed applications a petition for leave to intervene In ac- Pantaleon, Manager; Rogello Fernandez, with the Maritime Subsidy Board (the cordance with the Board's Rules of Prac- President; Jose M. Garcia, Vice President. Board) pursuant to Title VI of the Mer- tice and Procedure (46 CFR Part 201). La-Rama Shipping Company (Martin L. chant Marine Act of 1936, as amended Each such statement of intercst and pe- Akins, dba), Box 80272, University of South (the Act), to renew their' operating- titioh to intervene with regard to any Carolina, Columbia, SC 29208. differential subsidy (ODS) contracts, application shall state whether a hear- Dependable Freight Forwarding Inc., 401 which will expire December 31, 1976, to ing is requested under section 005(c) of Broadway, New York, NY 10013. Officer: provide that they will expire Decem- the Act and, with as much Roopa Shewaram Sakhranl, Pres./Dlr./ specificity as Secretary. ber 31, 1977, unless extended, to operate possible, the facts that the intervenor the vessels listed, in the carriage would undertake Consolidated Freight Forwarding Interna- of ex- to prove at such tional, Inc., 2608 Two Houston Center, port bulk.raw and processed ag ricultural hearing. Houston, TX 77002. Officers: Rose G. Ben- commodities in the foreign commerce of In the event a hearing under section nett, President, Kenneth 1Z.Mahand, Sec./ the"United States (U.S.) from ports in 605(c) of- the Act is ordered to be held Treas. the U.S. to ports in the Union of Soviet with respect to the applications for re- Socialist Republics (U.S.S.R.). Dry and newal, Dated: November 29, 1976. the purpose of such hearing will liquid bulk cargoes may be carried from be to receive evidence relevant to (1) By the Federal Maritime Commission. the U.S.S.R. and other foreign ports in- whether the- applications herein de- bound to U.S. ports during voyages sub- scribed, with respect to the vessels to be FRANCIS C. HuRNEY, sidized Secretary. for-carriage of export bulk raw operated in an essential service and and processed agricultural -commodities served by citizens of the U.S., would be [F Doc.76-35458 Filed 12-1-76;8:45 am] to the U.S.S.R. in addition to the existing service or services, and if so, whether the service already provided by vessels Date of of U.S. reg- COmpany Contract No. -renewal Vessels istry is inadequate, and (2) whether in application the accomplishment of the purposes and policy of the Act additional vessels American Eagle Tanker Corp., 80 Broad St., MA/MSB-245 Nov. 17,1976 American Eagle. should be operated thereon. Now York, N.Y. 10004. If no Mathasen's Tanker Industries, Inc., Public ALAIMSB-212 Nov. 18,1976 Sohio Intrepid Sohlo Rcsolute, request for hearing and petition Ledger Bldg., Philadelphia, Pa. 19106. Joseph D. Ports. for leave to intervene is received within Monticello Tanker Co., 645 5th Ave., Now 'MA/MSB-.50 Nov. 16,1976 MonticelloVictory. the specified York, N.Y. 10022. time, or If the Board deter- Do ------lAjMSB-247 --- 'do ------Do. mines that petitions for leave to inter- Mount Vernon Tanker Co., 615 5th Ave., New MAjMSB-223 do...... Mount Vernon Victory. vene filed within the specified time York, N.Y. 10022. do Mount Washington Tanker Co., 615 Sth Ave., M.AISMB-22S .- do...... Mount Washington. not demonstrate *sufficient interest to Now York, N.Y. 10022. warrant a hearing, the Board will take Sun Transport Inc., P.O. Box 280, Clayton, MAAMSB-361 Nov. 19,1970 America Sun, Pennsylvania Sun, Del. 19700. such actions as may be deemed appro- Texas Sun. priate. Notice is hereby'given that Bolton be obtained prior to December 31, 1976, (Catalog of Federal Domestlo Assistane Shipping Program No. 11.504 Oporating-Dffrerntql Co., Inc. and Colby Shipping apply for ODS contracts which will ex- Subsidies (ODS).) Co., Inc., both of whom have applications pire on December 31, 1977 (unless ex- for ODS pending before the Board have tended) for the operation of the vessels Dated: November 26, 1976. filed subsequent applications with the listed below in the carriage of export bulk JAMES S. DANVSON, Jr., Board pursuant to Title VI of the Act to raw and processed agricultural com- either (1) renew their ODS contracts modities in the foreign commerce of the 1 - Secretary. until December 31, 1977 (unless ex- U.S. from ports in the U.S. to ports in [FR Doe.76-35378 Filed 12-1-70;8.45 ami tended) if the pending applications for the U.S.S.R. Dry and liquid bulk cargoes ODS contracts are approved prior to may be carried from the U.S.S.R. and [Docket No. S-520] other foreign ports inbound to U.S. ports December 31, 1976 (on which date they during voyages subsidized for carriage of SEA TRANSPORT CORP. ET AL. will expire) or (2) in the event that ap- export bulk raw and processed agricul- Multiple Applications proval of the pending applications cannot tural commodities to the U.S.S.R. Notice is hereby given that applications have 17i Date of been filed under the Merchant Company Contract No. renewal " Vessels Marine Act, 1936, as amended, for oper- application ating-differential subsidy with respect to bulk cargo carrying service in the U.S. Bolton Shipping Co., Inc., 410 Lakeville Rd., Lake Success, N.Y . ..------Nov. 17,1976 Pices. foreign trade, 110M0. Principally between the Colby Shipping Co., Inc., 410 Lakevillo Rd., Lake Success, N.Y....------do ...... Virgo. United States and the Union of Soviet 11040. Socialist Republics, to expire unless extended, on December 31, 1977. Full details concerning the U.S.- the Board grant the requested approvals, The following Applicants and/or re- U.S.S.R. export bulk raw and processed the vessels listed above will engage-in the lated persons or firms employ, or may agricultural commodities subsidy pro- described trade, on a full-time basis, employ, ships in the domestic inter- gram, including terms, conditions and during the indicated time period. Under coastal or coastwise services and have restrictions upon both the subsidized op- such approval, each voyage must be ap-, requested written permission of the erators and vessels, appear in Title 46 of proved for subsidy assistance prior to its Maritime Administration under section the Code of Federal Regulations, Part commencement,- and the Board will act 805(a) of the Merchant Marine Act, 294. on such requests as an administrative 1936, as amended, to engage in the do- For purposes of section 605(c) of the matter for which there is no requirement mestic intercoastal or coastwise services Act, it should be assumed that should for further section 605(c) notices. sTiecified. Such written permission is re-

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52899 quired if operating-differential s V. Name of appllcants: Globe Seaways, cello): Montpelier Tanker Company is -to be granted, notwithstandkr Inc. (Globe); Overseas Oil Carriers, I= (I49ntpelier); Mount Washington fact that a voyage in the proposec (Carriers); Ocean Clippers, Inc. (Clip- Ta nker Company (Mt. Washington). ice for which subsidy is sought pers); intercontinental Bulktank Corpo- Description of domestic service: The not be eligible for subsidy If the ration (Bulktank); Ocean Tankships applicants, Mt. Vernon, Monticello, engages in the domestic commerce Corporation (Tankshlpe); Ocean Trans- Montpeller. and Mt. Washington, al- United States on that voyage. portation Company, Inc. (Transporta- ates of one another, have each requested I. Name of applicants: Se Tra tion); sea Tankers, Inc. (Tankers); written permission to. directly or in- Corporation (Sea Transport) Bag] Overseas Bulktank Corporation (Over- dlrectly, own, operate or charter one or minal Tankers. Inc. (Eagle). seas). more vessels in the domestic intercoastal Description of domestic servlcc Description of domestic service: The or coastwise service, and to own a applicants, Sea Transport and applicants, 'Globe, Carriers, Clippers, pecuniary interest, directly or Indirectly affiliates of one another and of Bulktan. -Tankships, Transportation, in any person or concern that owns, Transporter, Inc.- (United), hav 'Tankers, and Overseas, affiliates of one charters or operates any vessels In the requested written permission fortt another, have each requested written domestic' intercoastal or coastwise tinued operation in noncontiguous permision to engage in domestic coat- service. wise service, and in domestic inten wise, intercoastal and non-contiguous IX Name of applicant: Ing-ram Ocean and coastwise service of the fol petroleum trades with the following Systems. Inc. (Ingram). vessels: tanker vessels: Description of domestic service: In- vessel Owner gram has requested written permission Ship Owne for itself to operate two tug/barge units .Eagle Charger ------Eagle, Overseas Anchorage.... Globe Eagle Leader.....------Eagle Overseas Joyce ----.... Carriers in U.S. coastwise service, and for Ingrain Eagle Traveler ...... Sea Trans Overseas Traveler.... Clippers Barge Company, Ingram Barge Inc., and Eagle Voyager...... Sea Trs Overseas A ..... Bulcktank Ingram Materials Inc., afliates of In- Eagle Transporter --- United Overseas Vivlan_ .... Tankshlps gram, to operate towboats and barges on Overseas NataHe...... the inland waterways. I. Name of applicants: Chas. I Overseas Aleutian.....- Transporta- X. Name of applicant: Mobil Oil Cor- Co., Inc. (Kurz); Keystone Shippi tion poration (Mobil). (Keystone); Keystone Tankshlp 4 Overseas Ulla ------Transporta- ration (Tankship) ; FredericksburE tion Description of domestic service: Mobil ping Company (Fredericksburg). Qverseas Valdez..-. Tanker has requested written permission to di- Overseas Alice-...... Tankers rectly or Indirectly, own, operate or char- -Description of ,domestic servicc Overseas Arctic ...... Overseas ter vessels in domestic intercoastal or applicants, Kurz, Keystone, Ta Overseas Juneau ...... Overseas coastwlse service, or to own pecuniary and Fredericksburg, affiliates of o: Interest, directly or indirectly, in any other, have each requested written per- VI. Name of applicants: Connecticut person or concern that owns. charters or mission for affiliated or associatecI com- Transport, Inc. (Connecticut); Mohawk James operates any vessel(s) in domestic inter- panies to operate up to a total of 31 U.S. Shipping Co., Inc. (Mohawk); coastal or coastwise service. 1ag vessels in the transport of liquid River Transport, Inc. (James); Wabash XL Name of applicant: Blackshlps, Inc. bulk cargoes within and betwei n the Transport, Inc. (Wabash); Willamette Description oLdomestic service: Black- followlng U.S. coastal areas, wit Ihfree Transport, Inc. (Willamette) ; Ogden Sea (Ogden Rio ships, Inc., acting by and through Gulf interchange of vessels among these areas, Transport, Inc. Sea); Oil Corporation, has requested written and with the maximum number of es- Grande Transport, Inc. (Rio Grande); permission to continue operation of the sels to be employed in the areas at any Ogden Merrimac Tansport, Inc. following vessels in domestic intercoastal one time specified: (Merrimac); Empire Transport, Inc. vessels (Empire); Penn Tanker Company or coastwise service, and that all other )7(Penn). vessels owned and/or operated by Gulf ------U.S. Gulf-Atlantic Coastwise " Description of domestic service: The Oil Corporation and other related com- U.S. Gulf-Atlantic-Puerto Rico ---- panies may continue operation in do- U.S. Atlantic-Gulf Intercoastal (in, applicants, Connecticut. Mohawk, James, eluding Alaska and Eawail) ------lo Wabash, Willamette, Ogden Sea, Rio meatic Intercoastal or coastwise service: Pacific Coas,-Alaska-Hawall- ...... is Grande, Merrimac, Empire, and Penn, Gullklng Gulfaclar have each re- Guikighr" Gulfspray Ifl Name -of applicant: Am.erlcan affiliates of one another, Gulfprinco Gulfsupreme Trading Transportation Compan y,mnc. quested written permission for the fol- Gulrqueen Gulfdeer (American). lowing vessels to engage in domestic in- Gufcrezst Gulflion Description of domestic service:. Amer- tercoastal or coastwise service: Gulroll Gulfseal lcan has requested written permss,Ion for Vcssel owner Gulfprlde Gulftiger itself and related companies to co ntinue James------.- James Any person, firm, or corporation hav- domestic services with the right toomove Mozawl ...... ------. ohawk ing any interest (within the meaning of any vessel from one domestic tr ade to PotoEac__ Empiro section 805(a)) in any application and another and/or from a foreign tr ade to YeUostof..._ ...... Rio Grando desiring to be heard on issues pertinent a domestic trade, The following U.S. flag" [gMerrimac Coumbia ------I-crrimaoOgden Sea to section 805(a) and desiring to submit vessels of the applicant operate-c'r may Connecticut------Connecicut comments or views concerning the appli- operate in various domestic trades Scorn- Ogden Wab=h..... Wabaah cation must, by close of business on De- mercially, under charfter to theN Ilitary Ogden Willamette...... Willametto cember 9, 1976. file same with the Secre- Sealift Command (MSC), or other : Ogde- Champion ...... Penn tary, Maritime Administration/Maritime American Trader (MSC) Ogden Chllenger-...... Penn Subsidy Board, in writing, in triplicate, Texas Trader (MSC) VIL Name of applicant: International together with petitfon for leave to inter- Baltimore Trader Ocean Transport Corporation (Interna- vene which shall state clearly and con- Washington Trader (ex-Thetis) tional). cisely the grounds of Interest, and the al- IV. Name of applicant: Ac ademy Description o; domestic service: Inter- leged facts relied on for relief. -Tankers, Inc. (Academy). national has requested written permis- If no petitions for leave to intervene Description of-domestic service: Acad- slon to own and operate the following are received within the specified time or emy has requested written permisi;lon to vessels in the domestic intercoastal or if It is determined that petitions filed do operate the SS's Thomns M and T,'omas coastwise service: Allegiance, Banner, not demonstrate sufficient Interest to Q n the domestic intercoastal md/or Bradford Island, Fort Hoskins, and warrant a hearing, the Maritime Admin- coastwise,.service, as well as pernisslon Council Grove. istration will take such action as may be for related companies, to operate in do-' VIII. Name of applicants: Mount deemed appropriate. mestic commerce serving offshore. drilling Vernon Tanker Company (Mt. Vernon); In the event petitions regarding the rigs. Monticello Tanker Company (Monti- relevant section 805(a) issues are re-

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2; 1976 52900 NOTICES celved from parties withi standing to be Teifative agenda ington, D.C., and KDKA-TV, Pittsburgh, heard, a hearing will be held, the purpose Pennsylvania, are all carried by Bedford of which will be to receive evidence un- Time TV, and because the 35-nile specified der section 805(a) relative to whether the zone of WTAJ-TV-but not the specified proposed opdrations (a) could result in I Discussions ofplans for committee structure, zones of the latter two stations-encoln- unfair competition to any person, firm, possible guest participants, and consult- passes the Bedford cable systeni, Gate- ants-Dr. R =0 ------8:30 way qualifies for the protection afforded or corporation operating exclsively in nr Considerations on the Federal Government the coastwise or intercoastal service, or organtztion for science end technology- by the rule. The Honorable c. 1ke00 In (b) would be prejudicial to the objects I L un------.----.------.....clL ------11:30 3. Gateway alleged that beginning and policy of the Act relative to-domestic IV Research needs and management in the April of 1974, repeated requests 1,were worldfood problem-Dr. 'arrison Brown1 made of Bedford TV to provide WTAJ- trade operations. Chairman of the NSF Study 'on Worl Domestic Assistance Pro- Food and Nutrition Problems ------12:30 TV with nonduplicatlon protection (Catalog of Federal V Considerations on the Federal Government against the duplicating network program No. 11.504 Operating-Differential Sub- organization for science and technology- sidies (ODS).) The Honorable Charles Mosher ------2:00 gramming of the two other CBS affiliates VI Adjourn_: ------330 carried on the system. Gateway has sub- By Order of the Maritime Subsidy mitted the affidavit of Mr. Ian K. Har- Board. P: E. CULBERTSON, rower, aplofficer of the licensee corpora- Date: November 26, 1976. Executive Director. tion, LIn which he claimed that after sending three written requests to Bedford JAMES S. DAwvsoN, Jr., [FR Doc.76-35577 Filed 12-1-76;8:45 am] TV seeking nonduplication protection for Secretary. WTJ-TV, a representative of the cable [FR Doc.76-35377 Filed 12-1-76;8:45 am] FEDERAL COMMUNICATIONS system notified him that such protection COMMISSION would be afforded. Harrower further COMMITTEE FOR PURCHASE FROM [Docket No. 20989; CSC-149 (PA1451); asserted that he complied with the Com- FCC 76-10361 mission's notification requirements by THE BLIND AND .OTHER SE- sending Bedford TV program schedules VERELY HANDICAPPED 1BEDFORD IMPROVED T.V.,, INC. concerning the WTAJ-TV network pro- PROCUREMENT LIST 1976 Request for Order To Show Cause gramming sought to be protected. In order to find whether deletion of dupli- Proposed Additions Adoptpd: November 9, 1976. cating programs was occurring, a moni- Correction Released: December 1, 1976. tor, Mr. Clifton Cornelus of Bedford, was view the cable In FR Doe. '76-33429 appearing on page 1.- Gateway Communications, Inc. employed by the station to REGISTER of Friday, WTAJ- programming offered by the system. Cor- 50047 in the FEDERAL (Gateway), licensee of Station nelius stated in an affidavit submitted by November 12, 1976, in the last paragraph, TV,_ (CBS, Channel 10) Altoona, Penn- occasions the third line should be corrected to sylvania, has filed a petition requesting Gateway that on four separate * * Committee on or before De- to issue an order direct- for approximately 12-hour periods, he read, "e the Commission viewed the "identical CBS Network pro- cember 15, * ing Bedford Improved T.V., Inc. (Bed- ford TV), operator of cable television grams being carried simultaneously on at Bedford, Pennsylvania," to Stations WTAJ-TV, WTOP-TV, and PRESIDENT'S COMMITTEE ON systems KDKA-TV." Based on the results of this SCIENCE AND TECHNOLOGY show cause why it should not be ordered to cease and desist from further viola- monitoring study, several contacts were MEETING tion of the network nonduplication pro- made with the cable system operator, but visions of section 76.92 (a) of the Com- Gateway alleged that it has faled to in accordance with the Federal Advi- receive a satisfactory response with re- Act, Pub.-L. 92-463, the missio's -Rules. Bedford TV filed a sory Committee to the petition in which It spect to Its nonduplication protection re- President's Committee on Science and response quests. Finally, Gateway stated that it Technology announces the following alleged that Gateway was not entitled to the protection afforded by that rule was unable to learn the subscriber count meeting: because none of the five communities for the Bedford system because no cur- Name: President's Committee on Sciende and served by Bedford TV was located wholly rent Annual Report of Cable Television Technology. the specified zone of WTAJ-TV. System (FCC Form 325) Is on file with Date: December 16, 1976. within 'the Commission, as required by section Time: 8:30 a.m. to 3:30 p.m. In its reply, Gateway sought to prove located 76.401, Place: New Executive Office Building, 726 that all five 'communities were TV maintained Rm. either in whole or in part within Its 4. In its reply Bedford Jackson Place, NW., 2008, Washington, that when Gateway first sought nondu- D.C. specified zone. plication protection In 1974, four of the Type of Meeting: Open. . 2. Section 76.92(a) of the Commis- person: Mr. Philip E. Culbertson, five communities served by the Bedford Contact Sion's Rules provides that a cable tele- system were exempt from the nondupli- Executive Director, President's Commit- vision, system operathbg "in whole or in tee on Science 8, Technology, Executive cation rule since at that time such pro- Office of the President, New Executive Office part within the 35-mile specified zone tection was not required of systems with Building, 726 Jackson Place, NV., Wash-' of any commercial television station" fewer than 500 subscribers. In 1974, the ington, D.C. 20500, Telephone (202) 395: which the systkn carries must delete Commission had proposed increasing the 4596. Anyone who plans to attend should exemption level of subscribers, and Bed- contact Mr. Culbertson by December 13." duplicating network programming of requested by ford TV asserted that it believed the Summary Minutes: May be obtained from lower priority signals when adoption of such a rule change would the Executive Director, President's Com- that station. Gateway maintains that then obviate required nonduplication mittee on Science and Technology. since WVTAJ-TV, a primary affiliate of Purpose of the committee: The President's protection for Gateway. Bedford TV Committee on Science and Technology was the CBS Television Network; and two stated that, from the sources availablo to established on October 29, 1976, to survey, other CBS affiliates, WTOP-TV, Wash- it, It appeared that the comniunity was examine and analyze the overall context of "Just outside the 35-mile zone of Al- Federal science, engineering and tech- 'These are:' (1) Bedford Township, the nology. The Committee shall submit a final %' Copies of five letters, purported by report of its activities, findings, conclu- location of Gateways headend, (2) Bedford Gate- sions and recommenlations to the Presi- -Borough, (3) Snake Spring Township, (4) way to have been sent to Bedford TV, re- East St.- Clair questing nonduplication protection %or dent not more than twenty-four months Napier Township, and (5) the from the time the Committee is activated. Township. WTAJ-TV were submitted by licensco.

" EDERAL REGISTER, VOL. 41, NO. 233--THURSDAY, DECEMBER 2, 1976 NOTICES 5-9901

toona." Bedford TV further alleged that section 76.95(b) for an exemption from Cable Television Bureau ARE MADE since Gateway never attempted to dem- the required provision of requested net- parties to this proceeding. onstrate in its requests for protection work nonduplication protection, even It is further ordered, That the Secre- tendered after the Commission's adop- though cable service is provided to five try, Federal Communications Commis- tion of section 76.92 in 1975 that Bedford separate communities. Since Bedford TV sion, shall send copies of this Order by was located within the specified zone of has not claimed that fewer than 1,000 certified mail, return receipt requested, WTAJ-TV it was "reasonable for Bed- subscribers are served by the aggregated to Bedford Improved T.V., Inc. ford to believe that protection was not system, the Bedford system clearly is not required in 1975." In this regard, Bedford subject to this exemption. Finally, we FTDERAL COnruNIcATIOXS TV maintained it attempted, using US. reject Bedford TV's proposed Interpre- Geological Survey Maps, to Vn;cENT J. lMuLINs, calculate the tation of this exemption to include a sys- Secretary. mileage from the Altoona reference point tem that, although serving more than to the "nearest boundaries of each of the 1,000 subscribers, has fewer than 1,000 [FR Doc.76-35448 Filed 12-1-76;8:45 am] political subdivisions served on the Bed- subscribers who reside within the spec- ford Township headend." From these ified zone of the station requesting pro- [FCC 76--1074; IVA 25581 calculations Bedford TV concluded that tection. The section 76.95(b) exemption while portions of each community were contemplates the total number of sub- COMMUNITY ANTENNA TELEVISION located within WTAJ-TV's specified scribers served by a cable system from a ASSOCIATION zone, no community was located totally common headend and not the locations Denying Petition for Rulemaking within that zone. Finally, Bedford TV of the individual subscribers' residences argued that even if the community of within the community served by the Adopted: November 17, 1976. Bedford falls within WTAJ-TV's speci- system. Released: November 26, 1976. fied zone, the cable system may qualify 7. Neither a current Annual Report of for an exemption from required nondu- Cable Television System, (FCC Form 325) By the Commission: Commissioners plication protection under section 76.95 nor a current Cable Television Annual Wiley Chairman; and Hooks concurring (b) of the Commission's Rules, if fewer Financial Report (FCC Form 326) has in the result; Commissioner Fogarty than 1,000 subscribers reside in the areas been filed with the Commission; thus 'absent. 'of the subject communities which fall Bedford TV appears to be In violation of In the Matter of amendment of Part within WTAJ-TV's specified zone. Sections 76.401 and 76.405. Bedford TV's 76 of the Commission's Rules and Regu- 5. Gateway stated, in its reply, that failure to comply with WTAJ-TV's re- lations relative to carriage of television Bedford TV's claim that five separate quests for network program nonduplica- signals in emergency situations. communities are served by a single head- tion protection appears to be in viola- 1. On June 13, 1975, the Community end does not challenge Gateway's allega- tion of section 76.92 of the Commission's Antenna Television Association filed a tion that Bedford TV operates a con- Rules, and the cable operator's argu- "Petition for Rulemaking" urging glomerate system serving more than ments that Its system either is located amendment of the Commission's rules 1,000 subscribers. In support of its as- outside the specified zone or is qualified relative to carriage of television broad- sertion that one entire community and for an exemption under section 76.95(b) cast stations by cable television systems more than half the area of the other four based on the number of its subscribers during emergency situations. Comments communities served by Bedford TV fall and the location of their residences are have been received from the National within the 35-mile zone, Gateway sub- not deemed satisfactory to support Its Cable Television Association which sup- mitted an affidavit by an engineering refusal to grant such protection. Hence, port CATA's petition. consultant who offered maps which he a hearing will be ordered.' 2. Specifically, CATA requests that the had prepared to demonstrate that the In view of the foregoing, the Commis- Commission adopt rules allowing for ca- 35-mile zone encompassed the following sion finds that a grant of the subject ble carriage of any television or radio percentages of the communities served by petition requesting issuance of an order broadcast stations on any or all channels Bedford TV: to show cause would serve the public in- of the system during periods of emer- Percentagewithin terest. gency such as floods, earthquakes, fuel Division: the 35-mile zone Accordingly, it Is ordered, That the tank explosions, airplane crashes, tor- Bedford Borough ------54 nadoes, etc. Often, CATA argues, vital Bedford Township ------59 "Petition for Issuance of Order to Show East St. Clair Township ------100 Cause," fled by Gateway Communica- Information is available earlier on dis- Napier Township ------76.5 tions, Inc. (WTAJ-TV), is granted. tant broadcast.stations which the cable Snake Spring Valley Township --- 75 It is further ordered, That pursuant system Is not entitled to carry. Moreover, to section 312 (b) and (c) of the Com- circumstances may be such that local 6. The Commission's staff has verified stations are unable to continue broad- that the five communities served by Bed- munications Act of 1934, as amended, Bedford Improved T.V., Inc., s directed casting, In which case subscribers would ford TV are located, at least in part, be deprived of any over-the-air infor- within the 35-mile specified zone of Al- to show cause why It should not be ordered to cease and desist from further mation. toana, Pennsylvania, to which Station 3. CATA states that discretion WTAJ-TV is licensed. Therefore, pursu- violation of Part 76 of the Commission's to "de- ant to Section 76.92, Station WTAJ-TV Rules and Regulations on Its cable tele- clare" an emergency and initiate car- is entitled to network nonduplication vision systems at Bedford, Pennsylvania. riage of unauthorized signals would rest protection against other stations car- It is further ordered, That Bedford solely on the local cable operator but be ried on Bedford TV's system and provid- Improved T.V., Inc., is directed to appear checked by subscriber complaints if nor- ing duplicative network programming. and give evidence with respect to the mal viewing patterns were disrupted Bedford TV's operations constitute a matters described above at a hearing to without an emergency. CATA asserts that conglomerate of commonly owned and be held before an Administrative Law such discretion, plus immunity from technically integrated cable television Judge at a time and place to be specified Commission sanction for misjudgments, systems since all communities are served by a subsequent order, unless the hear- is necessary to provide the Incentive for from a single headend; therefore, the ing is waived, in which event a written cable operators to make their facilities Bedford system does not qualify under statement may be submitted. avilable for emergency communications. It is further ordered, That Gateway The proposed iule also provides for noti- -Section 76.95(b) provides in pertinent Communications, Inc. and the Chief, fication to the Commission if unauthor- part: "The provisions of §§76.92 and 76.94 Ized transmissions are to extend for a shall not apply to a cable television system ' Bedford TV will be permitted to introduce period any longer than two hours. NCTA serving fewer than 1,000 subscribers or to a any mitigating or exculpatory evidence In- In Its comments reiterates CATA's con- conglomerate of commonly owned and tech- volving its refusal to grant WTAJ-TV non- tentions, argues that the public needs nically integrated systems serving fewer than duplication protection at the time of the access to diverse and different informa- 1,000 subscribers." hearing. tion, and suggests that the Commission

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52902 NOTICES should encourage, not simply permit, the and Henderson (supra), the petitioning 4. Section 76.61 (e)(2) was adopted as utilization of cable facilities as a means cable operators argued that 'a limited part of our Reconsideration of the Cable of providing Information to the public interpretation of the rule worked a par- Television Report and Order, FCC 12- during emergency situations. ticular hardship on his cable system. In 530, 36 FCC 2d 326 (1972). At paragraph 4. The Commission recognizes cable denying the waiver requests, the Com- 19 of that document It was stated that television's potential service to commu- mission affirmed that this Section au- one of the Commission's goals "has been nity residents in times of emergency, but thorizes Importation of an otherwise un- to assure that all cable subscribers have does not believe CATA's proposed rule authorized signal only when a station full network service available." and lat- normally carried does not clear a net- er, that "our analysis reveals that prim- would so facilitate or improve the serv- work program for local broadcast, or ary network affiliates generally carry a ice that this petition should be granted. when\that programming is not available high percentage of the programs offered The potential for abuse is of some con- via normally carried signals, and that by the networks so that the impact of cern to the Commission. A cable oper- it does not apply if the programming is this rule revision should be limited," ator could, on his own Initiative, deter- cleared on a delayed basis. Henderson Henderson has failed to convince us that mine that an emergency exists and to- now seeks relief by urging the Commis- section 76.61(e) (2) no longer serves its tally suspend the signal carriage rules. sion to expand the rule to include delayed original intent In the overall regulatory More to the point is whether carriage of network programming. scheme. Thus, the proposed expanded additional signals will provide informa- 3. As It argued in its special relief re- interpretation will be rejected. Rather, tion not already available to the com- quest, Henderson asserts that section Henderson and others in this proceeding munity. Perhaps a better solution would 76.61(e) (2) as presently construed af- have argued the particular hardships be the use of origination facilities by lo- fords "almost unlimited exclusivity" to 'they believe the rule imposes on their cal officials to consolidate, edit and dis- network affiliated stations in areas where operations. Commission regulation is sefilinate information to' the community. no other station of the same network general by nature and speclflc problems 5. In view of the foregoing, it is ordered, exists, this being contrary to the Com- should be resolved by means of special filed mission's policy of simultaneous non- That the "Petition for Rulemaking" relief. We recognize that Henderson al- by the Community Antenna Television duplication. It also argues that subscrib- Association filed June 13, 1975, is denied. ers may miss a program entirely if the ready has been disappointed pursuing local station chooses at a later time not that course of action, but It Is the ap- FEDERAL CO MBIUNICATIONS to broadcast the program. RVS Cable- propriate method for attaining relief CoMMIassioN, vision, 'Metro Cable Company, and the to be a VINCENT J. MULLINS, Natio'nal Cable Television Association from what we believe continues Secretary. generally support the petitioner's argu- purposeful regulation. I In view of the foregoing, it is ordered, [FR Doc.76-35443 Filed 12-1-76;8:45 am] ments. RVS states that additional problems. arise in communities where several That the "Petition for Rulemaking" filed distant signals are viewable off-the-air by Henderson All-Channel Cablevision, [FCC 76-1073; RM-24981 but cannot be carried on the cable sys- Inc., is denied. tem.2 Metro asserts that tape delayed HENDERSON ALL-CHANNEL COMnxNICATIONS CABLEVISION, INC. programs often create technical and pro- FEDERAL motional problems for the cable oper- COMMISSION, Denying Petition for Rulemaking ator, and the NCTA suggests the rule VINCENT J. M ULLINS,, Secretary. Adopted: November 17,1976. stifles cable television's attempt to "get moving" by restricing its ability to make [FR, Doc.76-35444 Filed 12-1-76:8:45 am] Released: November 30, 1976. viewing convenient for subscribers. The Commissioner oppositions argue that the present inter- By the Commission: [Report No. 1-293] Hooks concurring in the result; Com- pretation achieves the Commission's pol- missioner Fogarty absent., icy objective as stated in Henderson and INTERNATIONAL AND SATELLITE RADIO . In the Matter of Petition for Rulemak- Metro Cable, and that a change would undermine the ability of broadcast li- Applications Accepted for Filing ing to Amend section 76.61(e) (2) of the censees to serve the community by pro- NOVEMER 29, 1976. Commission's Rules. gramming for its specific needs. The. Applications listed herein have 1. On December 19, 1974, Henderson filed a 'Pe- been found, upon initial, review, to be All-Channel Cablevision, Inc. * * * * * tition for Rulemaking" (RM-2498) urg- acceptable for filing. The Commission re- section 76.61(e) (2) of (e) In addition to the television broadcast servese the right to return any of these ing an expanded signals carried pursuant to paragraphs (a) the Commission's Rules. Henderson first through (d) of this section, any such cable applications if, upon further examina- argued this position in a request for television system may carry: tion, it is determined they are defective special relief which subsequently was and not in conformance with the Com- Henderson All-Channel denied. See (2) C4ny television station broadcasting a mission's Rules, Regulations and Its Cablevisioh, Inc., FCC 74-1143, 49 FCC network program that will not be carried Final action will not be taken 2d 502 (1974) * The petition has evoked by a station normally carried on the system. Policies. several comments and ii-opposed by the Carriage of such additional stations shall be on any of these applications earlier than National Association of Broadcasters, -only for the duration of the network pro- 31 days following the date of this notice. and WEIE, Inc., licensee of W IF-TV grams not otherwise available, and shall not Section 309 (d) (1). (NBC, Channel 14), Evansville, Indiana. require prior Commission notification or approval In the certificating process. FEDERAL COMUNICATIONS Henderson has replied. 'RVS also provides an analysis of tele- COMMI SSION, 2. Presently section 76.61(e) (2) of the vision network programs broadcast in the VINCENT J. MULLINS, Rules permits the carriage of a network Milwaukee market (#23) during the months Secretary. program obtained from any 'broadcast .of September 1974 and February 1975. Its station if that program is not cleared by conclusions Indicate: SATELLrTE CoMZrUNxCATIONS SERVICE9 a broadcast station normally carried on (a) Total network programming not avail- 48-DSE-P-77 The Christian Broadcasting the system.2 In both Metro Cable (supra), able to the general public within the market, Network, Inc., Virginia Beach, Virginia. For Sept., 1974-55.75 hours; Feb., 1975-90.25 authority to construct, own and operate hours. a domestic communications satellite earth I A similar request also was denied by the (b) Total network programming delayed station at this location. Lot. 3648'07". Commission in Metro Cable Co., FCC 74-1083, to 'unreasonable" viewing hours. Sept., Long. 7611'40". Reo.freq: 3700-4200 211Hz 49 FCC 2d 376 (1974). 1974-34.5 hours: Feb., 1975-38 hours Trans. freq: 5925-425 MHz. EMlISSon 2Section 76.61(e) (2) states: (c) Total network programming not avail- 36000F9. With a 10 meter antenna. able or delayed in some manner. Sept., 1974-- 9 76.61 Provisions for first 50 major tele- [PIpDoc.76-35449 Filed 12-1-70:0:45 iral vision markets. 97.75 hours; Feb., 1975-149.40 hours.

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 529903

[FC'C 76-1072; RM-2539] ever, a rule change here could not be groups. We will continue to keep an eye PUBLIC NOTICE REQUIREMENTS FOR limited to those 2500. The Commlssion's on the problem and take action where CERTAIN CABLE TELEVISION SYSTEMS mandate Is to determine what regula- we feel it would be beneficial. tion would be n the public interest. Input Therefore, the "Request for Rulemak- Denying Petition for Rulemaking from the industry involved is vitally Ing" (RM-3539) filed by EMCO CATV, Adopted: November 17, 1976. important but is -nevertheless only one Inc., is denied. factor to be considered. A significant Released: November 30,1976. FEDERAL COMMUNICOATIONS number of formal comments on rule- CON assxlo-, By the Commission: Commissioner making proposals are received from the VnICENT J. MULIo S, Fogarty absent. public, from public interest groups, from Secretary. In the matter of amendment of section local governmental authorities and 1.412 to require that .certain public from other affected industries. It would [Fn Do. 76-35446 Flied 12-1-76;8:45 am] notices be mailed to all cable teleidsioh be inequitable to give special notice to 'systems. the cable industry but not to other in- [FCC 76-1071; BM-2488; n,-25371 1. EMCO CATV, Inc. has filed a "Re- terested parties. Thus the 2500 figure quest for Rulemaking" which proposes is only a starting point. In calendar year WELEVISION BROADCAST SIGNALS AND that section 1.412 of the Commission's 1975 there were 18 cable rulemaking PROGRAM EXCLUSIVITY Rules be amended by adding the follow- notices. This does not include the 19 " ing: time extension rulings or the 5 final ac- Denying Petitions for Rulemaking (e)Notice of any and all proposed rule tions. Obviously, the cost of the proposal Adopted: November 17, 1976. makings relative to Cable Television is not insignificant. Released: November 30, 1976. shall be mailed to all cable television 4. On the other hand the benefits of systems. the proposal do not appear to be signifi- By the Commission: Commissioner Hooks concurring in the result. EMCO argues that this procedure cant. Under the present system, if a cable should be adopted because (a) the cable operator cannot pick up the notices him- In the matter of revision of cable tele- ,television industry is relatively new; (b) self, he has four options. (a) He can rely vision rules regarding leapfrogging, car- on counsel or trade associations to keep riage of local independent signals, and there is a great deal of rule making non-network programming exclusivity. activity in the area and (c)the number him up to date. (b) There are a number of cable television systems to be noti- of trade magazines to which he can sub- In the matter of amendment of Sub- fied is relatively small. The National scribe. Some of these have special sec- part D and Subpart F of Part 76 of the Cable Television Association was the only tions designed to give notice of Com- Commission's Rules and Regulations commenting party. It supports the re- mission proceedings In addition to the with respect to carriage of television quest, agreeing with EMCO's statements information contained in articles. (c) He broadcast signals and program exclusiv- and arguing that such a rule would serve can subscribe to a distribution service Ity protection by cable television systems. the public interest by increasing par- which picks up the notices for him and ITRODUCTION ticipation in the rulemaking process. malls or delivers them. These companies will normally send all Commission re- 1. Pending is a request for rulemaking 2. The notice procedures used for cable leases and it is possible to get a more filed November 27, 1974 by Mr. Henry television Proceedings are the same as selective service. (d) He can spend $50 Geller pro se pursuant to Section 1.410 those used in all other areas of Commis- of the Commission's Rules and Regula- sion regulation. When a notice of pro- a year to subscribe to the FErrAL REG- posed rulemaking or other document isTER. It should be noted that the purpose tions. Petitioner requests that the Com- of the FEDaAL REGseR is to provide an mission adopt leapfrogging rules of the which may result in a rule change is type proposed in its August 5,1971 "letter issued, a public notice is prepared. The official economical method by which a Commission's Public" Information Office citizen can keep abreast of the activities of intent",' return to the independent makes it available to anyone that wants and proposals of the federal government. signal "significant viewing" definition to pick up a copy at 1919 MT Street, Wash- 5. All of these options have a cost to used in the "letter of intent;" delete the ington, D.C. There is no regular mailing the interested party. However, It is safe syndicated program exclusivity rules in list. On occasion notices are mailed by to say that most cable television opera- markets 51-100, and explore a modified the Commission to all regulatees in an tors belong to trade associations, sub- version of the proposed 1968 retransmis- industry. However, this is done only on scribe to trade magazines or retain com- slon content requirement. an ad hoc basis when it is felt that munications counsel as a normal course 2. Also pending is a Request for Rule- direct immediate communication is of doing business in their specialized in- making fled February 12, 1975 by the necessary. It should be noted that the dustry. Thus as a practical matter only National Assoclition of Broadcasters complete document Is also made avail- a small proportion of cable operators are (NAB). The NAB requests the Commis- able to the public and is normally printed left uninformed under our present notice sion to initiate a rulemaking looking to- in the FEDERAL REMGSTE. procedures. ward the amendment of the rules (§§ 76.- 3. Naturally we would prefer that all 6. In view of this and the fiscal con- 57, 76.59, 76.61, 76.63, 76.65, 76.91, 76.93, interested parties receive direct notice straints under which we operate, we do 76.95 and 76.97) governing the cariage of our rulemaking deliberations. Due to not feel that a rule change is in the pub- of television broadcast signals and the fiscal restraints, however, a line must lic interest. We are aware that situations provision of program exclusivity pro- be drawn somewhere. In considering arise whose importance or complexity tection by cable television systems. EMCO's request, its cost must be weighed dictates direct notice to the Commis- 3. In support of his request, Henry against its benefits. For purposes of this sion's regulatees and we will ollow that Geller argues that the Commission's decision we, estimate that the cost to procedure in appropriate cases. How- 1972 cable television rules were in im- Print and mail a public notice is 20 to ever, those situatiohs can best behandled portant respect not based on the Com- 30 cents.- This estimate covers only the on an ad hoc basis rather than by "mass mission's judgment as to what would best cost of a one page public notice. It does mailings" of all cable rule making serve the public interest, but rather on not include a copy of the actual docu- notices. Finally, we want to stress our- the need to adhere to the "consensus ment. The number of cable regulatees ongoing concern about keeping the pub- now on Me is approximately 2500. How- lic informed of Commission actions and 'In the cource of developing a cable tele- deliberations. One manifestation of that vlhlon regulatory program, the Commns-Ion, concern was the recent establishment of on August 5, 1971, directed a letter to the IThis Is a very rough estimate. Postage our Consumer Assistance Office. Another Congress outlining the rules on which there and paper cost are the only factors that can is the "Actions Alert", a weekly sum- was Comm-'=on agreement This "letter of be measured precisely. Other costs such as intent" is Appendix C to the Cable Tele- printing, labor, etc. are not budgeted sep- mary of Commission rule making actions vision Report and Order, FCC 72-108, 36 FCC arately and are difficult to estimate. which is available to public interest 2d 143 (19M2).

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52904 NOTICES"

agreement." Pdtitioner urges that the inappropriate attempt to have the Com- not support the Agreement, it Is still af- Commission can no longer validly ad- mission "foist upon CATV its own ver- fected by the results of it. The Commis- here to provisions that do not, in its slon of copyright liability." AMST, gen- sion is urged to revise Its cable rules In judgment, best serve the public interest erally disputes petitioner's legal and a way that takes cognizance of the lack in view of "the undisputed fact that the policy arguments and concludes that of copyright legislation. AMST likewise agreement is now a dead letter." As to his suggestions are not worthy of supports the NAB petition and urges leapfrogging and significant viewing serious consideration in a rulemaking that on an interim basis, additional dis- rules, it is suggested that the Commis- proceeding. tant signal authorizations be withheld sion return to consideration of those 7. The NAB petition generally urges pending the adoption of copyright leigs- rules proposed in the "letter of intent" the Commission to initiate rulemaking lation. prior to the consensus agreement. In- "with a view toward balancing the com- DIscussioN cluded among these rules is the proposal peting intdrests left unbalanced- by that distant signals carried could be NCTA's efforts to frustrate full imple- 11. We are open to proposals for " * * in effect, channels of independ- mentation of the Consensus." NCTA's changes in our cable televsiso:- rules and ent programming (conceivably a blend failure to support the type of copyright have in fact made a significant number of several distant stations). * * *" As legislation agreed to in the Consensus is of such changes over the course of the to significant viewing standards, a re- documented by citation to Congressional last few years both in response to peti- turn to use of one percent share of view- testimony supporting the adoption of tions for rule making and as the result Ing standard for independent stations, S. 1361 (Senate Copyright Bill), to state- of our own review of the rules, particu- rather than the two percent standard ments by NCTA officials that the parties larly in connection with our general ef- now had "moved on" from the Consensus, by forts to eliminate unnecessary rules and in the rules, is suggested. Finally, to simplify it is suggested that the syndicated pro- NCTA's refusal to support compulsory rules that are unduly com- gram exclusivity rules for markets 51- arbitration as a means of establishing plex. Additional changes in the rules may 100, "adopted largely as a result of copyright fees, and by NCTA's efforts to be anticipated in response to properly broadcaster pressure" be eliminated. The ha e the Commission amend its network documented petitions for rule making or syndicated exclusivity nonduplication as part of our own continuing review of rules in the top rules. For its part NAB the 50 markets would be retained as im- denies that its position regarding same- rules. Neither petition now before us, day however, provides an appropriate vehicle provenmtents over the "letter of intent" in network nonduplication protection for initiating further order to protect "the copyright owner's in the Rocky Mountain Time Zone or changes. concerning the carriage 12. To some extent events and changes continued 'ability to'produce program- of radio signals in Commission ming." a by cable systems violate the terms of the regulatory policies since 4. Although agreement. these petitions were filed have mooted the problem is said not tp them. The cable television leapfrogging be acute because of cable's slow growth, - 8. Citing the failure 'of the cable in- rules have been petitioner also suggests that some action dustry to-support deleted ' and rules spe- the Consensus Agree- cifically addressing distant signal sports may be necessary, in the absence of copy- ment and the Commission's own state- carriage have been adopted.0 right legislation, to bring cable within ments Moreover, in the Cable Television Report and the Congress has adopted a revised copy- the competitive TV programming dis- Order, supra, that it would have to re- tribution system. His suggestion is that right law and it would, therefore, not examine some aspects of its cable pro- appear appropriate to proceed as either the Commission consider, through the gram if copyright legislation were not the Geller or NAB petitions suggest in rulemaking process, requiring cable sys- passed, NAB asks the Commission to re- those areas where changes are suggested tems in the markets 1-100 to visit its 1972 cable rules and "readjust due to the absence of cable copyright obtain retransmission consent .of the copy- them to the realities that (1) the Con- payments. With respect to possible right owners as to distant signal carriagei sensus has not facilitatedypassage of changes in the syndicated exclusivity but on an overall basis; that if this consent copyright legislation, and (2) the NCTA's Is withheld, the cable rules, an inquiry has been commenced system may carry the failure to live up to the Consensus has which addresses these rules more programming but must enter into compul- undermined early passage of that par- sory arbitration to determine the financial ticularly and provides, we believe, a suit- legislation." - basis for grant of the consent. able forum to address the desirability of 9. Comments responsive to the NAB any possible changes in these rules. 5. These rule changes are urged as petition were filed by the National Cable 13. This leaves for consideration the necessary means of overcoming the Television Association, CBS Inc., and the points raised in the Geller petition con- Commission's continued and now illegal Association of Maximum Service Tele- cerning the continuation of rules that reliance-on the consensus agreement and casters. NCTAdefends its own -position the Commission allegedly adopted, not to promote the growth of cable, par- with respect to copyright legislation and because they were In the Commission's ticularly in markets 51-100. the consensus and urges that the peti- judgment in the public interest, but be- 6. Comments responsive to the Geller. tion be denied. NCTA particularly de- cause petition were filed by Jerrold Electronics, fends its role in the copyright area, stat- they were thought necessary to im- et al., the National Cable Television As- ing that it has worked for early passage plement as part of the inter-industry sociation (NCTA), and the Association of copyright revision legislation consist- "consensus agreement." Initially, it of Maximum Service Telecasters ent with the spirit of the Consensus should be made clear that we do not re- (AMST). Although denying the need for Agreement. Moreover,,it states, in view the "retransmission consent" require- gard the "consensus agreement" as a of Senator McClellan's determination document that somehow ment, the NCTA states it has no quarrel that the Bill should specify a fee binds the Com- with the suggestion that the rules be re- schedule, NCTA supported that view, a mission to the adoption or continuation viewed. Jerrold et al. objects to the re- course which "proved to be more clearly of particular regulations. We indicated, transmission consent proposal as an consistent with the spirit of the Con- at the time the Cable Television Report sensus Agreement that anything else [it] and Order was adopted, that the rules 2 could have Petitioner finds support for this state- done." NCTA finds the 1972 were subject to change and have In fact ment in the following language from Para- rules to be a starting point for finding the made numerous right formula for CATV legislation but changes in them. We graph 61 of the Cable- Television Report and have consistently rejected arguments Order, supra. "* * * adoption of the agree- not-a set of rules which must remain in ment does not mean that we would, absent force for a long period no matter what that particular rules could not be agreement, have opted in its precise terms- the public interest might dictate. changed because of the "consensus for the changes It contemplates * * *" 3It is also suggested, as being consistent 10. CBS supports the petition, urging that the Commission redress the imbal- with syndicated exclusivity in the top mar- 'fReport and Order In Docket 20487, FqC kets, that cable systems in markets 1-50 ance of competing interests created by its 75-1409, 57 FCC 2d 625 (1075). carry no distant sports without permission mistaken reliance on the Consensus r Report and Order In Docket 10417, FCO of the originating team or league. Agreement. CBS notes that, while it did 75-819, 54 FCC 2d 265 (1975).

FEDERAL. REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 5205

agreement,"I The point was made in the be held In Conference Room B, Old Labor Commission and open to public inspec- following language in the Report and Building, Constitution Avenue between tion. Order in Docket 20487, deleting the leap- 12th & 14th Streets, NW. Washington. Applicant proposes to transport for frogging rules- D.C. rather than the Auditorium at 2000 Fruehauf up to 1,800 Mc! of gas per day for use at Fruehauf's Decatur. Alabama, Wp cannot agree that the Commisson is pre- M Street, NW., Washington, D.C. as was cluded from adopting rules otherwise found previously announced. A notice of meet- facilities for a period of two years from to be in the public interest because they are ing was published In the Issue of Novem- the date delivery commences and there- at variance with the consensus agreement. ber 23,1976 (41 FR 51649). after, on a year-to-year basis. Coincident with the adoption of the very . Issued at Washington, It is stated that the transportation noted that D.C. on Novem- rules in question the ComnmisIon 1976. service is required by Fruehauf to offset It retained full freedom and, indeed, the re- ber 29, curtailments from its supplier, City of sponsibility to make changes in the rules as MICMAL F. Bum=, Decatur Gas Department (Decatur Gas), developments warranted. The possibility of General CounseL which has advised Fruehauf that it an- future changes in the leapfrogging rules was [FR'DOC.76-35540 Piled 11-29-70;4:39 p.m.] specifically noted. Such flexibility Is essential ticipates no gas will be available to to our cable television regulatory program Fruehauf during the winter months and and we believe that our action today con- FEDERAL POWER COMMISSION that there will be severe curtailments stitutes a reasoned and appropriate refine- during the summer months. . ment in our cable regulatory program. [Docket No. RP7G-13] It is stated that the gas to be trans- 14. It was the Commission's judgment CITIES SERVICE GAS CO. ported would be produced from wells in 1972 that it would be in the overall Notice of Filing of Stipulation and wholly owned by FrueKel, the energy public interest to adopt rules that closely Agreement subsidiary of Fruehauf, under an oper- followed the "consensus agreenient"- ating agreement with Appalachian Ex- that such rules not only served to pro- NovEERa 22. 1976. ploration, Inc. (Appalachian). It is fur- tect the television broadcast serve the Take notice that on November 11, 1976, ther stated that Abpplicant will receive public receives but held forth the best Cities Service Gas Company (Cities said volumes of gas into Its Line 0-880 in prospect of fostering cable television Service) filed a Stipulation and Agree- Guernsey County, Ohio, and Line 0-1460 growth within an appropriate and fair ment (Stipulation) applicable to Its jur- in Tuscarawas County, Ohio, at points to regulatory and legal context. The ques- lsdictional rates which became effective be agreed upon. Applicant..states that it tion for us now is whether all of the reg- subject to refund on March 23, 1976, In will redeliver like volumes of gas to Ten- ulations adopted at that time remain this proceeding. Cities Service states nessee Gas Pipeline Company, a Division justified. Although we are not prepared that the Stipulation would resolve all of of Tenneco Inc. (Tennessee Gas), at an at this time to say they are contrary to the issues in this proceeding, though existing point of delivery in Adams the public interest, all of the rules are certain Jntervenors have rezerved the Tonwnship, Guernsey County, Ohio. It is under review as part of our continuing right to file comments objecting to cer- further asserted that said gas will be re-regulation efforts. The petitions be- tain aspects of the settlement, and, fur- transported in turn by Tennessee Gas fore us do not contain any evidence that ther, certain issues will be subject to and Alabama-Tennessee Natural Gas aids us in making that judgment. We resolution upon final and non-appeal- Company (Alabama) for delivery to will, therefore, not institute the re- able order of the Commission on such Decatur Gas for ultimate delivery and quested rule making proceedings at this substantive rate issues in other proceed- use by Fruehauf. time. Our overall review will continue, ings. It is stated that the transportation by however, and we will remain receptive Cities Service states that coples of th6 Applicant would be subject to the limits to properly documented suggestions for Stipulation were served on all parties to of Its pipeline capacity and to Its serv- rule changes. the above-entitled proceeding. ice obligations to its CD, WS, SGES, G Accordingly, it is ordered, That the Anyperson desiring to comment upon and SGS customers and would be further captioned petitions for rule making the Stipulation should file initial com- limited to only those amounts required (RM-2488 and RM-2537) are -denied. ments with the Federal Power Commis- to offset curtailment of the high priority sion, 825 North Capitol Street, NE., requirements of Fruehauf. It is further 7EDEIIAL COMhMCAToJ;S Washington, D.C. 20426, on or before stated that Applicant's transportation COM3=ISSIoN, December 6, 1976, and reply comments charge for this service would be its aver- V3NCENT J. MULLIS, on or before December 27, 1976. Copies age system-wide unit storage and trans- Secretary. of the stipulation and agreement are on .mlsslon costs, exclusive of company-use [FR Doc.7-35'447 Filed 12-1-76;8:45 am] file and available for public inspection. and unaccounted-for gas, which Is 22.21 cents per Mcf, effective November 1, 1976. KE ETH F. PLU3M, Applicant states that It would retain for FEDERAL ENERGY Secretary. ADMINISTRATION company-use and unaccounted-for gas a [FR Doc.7-35426 Filed 12-1-76;8:45 am] percentage of the total volumes received NATURAL GAS TRANSMISSION AND for the account of Fruehauf which per- DISTRIBUTION ADVISORY- COMMITTEE centage is 3.1 percent, effective Novem- COLUMBIA GAS TRANSMISSION CORP. Change in Meeting Date and Place ber 1,1976. [Docket No. CP77-571 This notice is given to advise of a Applicant states that It did not con- Notice of Application sider the subject natural gas supply change in date and place of the meeting available for purchase because It was for the Natural Gas Transmission and NovmoExs 22, 1976. unsuccessful in earlier attempts to pur- Distribution Advisory Committee. The Take 'notice that on November 12, chase gas from Appalachian who had in- Committee will meet Friday, December 1976, Columbia Gas Transmission Cor- dicated that It could sell gas to better 10, 1976, at 9:30 am., rather than Thurs- poration (Applicant), 1700 MacCorkle advantage at intrastate rates. It Is fur- Avenue, SE., Charleston, West Virginia ther asserted that the well or wells from day, December 9, 1976. The meeting will 25314, filed in Docket No. CP'7-57 an which the gas to be transported is 6 Notice of Proposed Rule Making in Docket application pursuant to Section 7(c) of produced have been exclusively dedi- the Natural Gas Act and J 2.79 of the cated to FrueKel since July, 1975. .19995, FCC 74-335. 46 FCC 2d 1184, para- Commission's General Policy and Inter- It is stated that the said curtailment graphs 13 and 18 (1974). First Report and pretations (18 CFR 2.79), for a certifi- of natural gas by Dematur would not only Order in Docket 19995, FCC 75-413, 52 FCC cate of public convenience and neces- 2d 519, paragraph 20 (1975); Report and occasion economic hardship in Decatur, Order in Docket 20028, FCC 74-957.48 FCC 2d sity authorizing the transportation of where Freuhauf, as one of the city's larg- 699. paragraph 18 (1974); Report and Order natural gas on an interruptible basis on est employers, employs 525 people and In in Docket 20487, FCC 75-1409, 57 FCC 2d 625, behalf of Fruehauf Corporation (Frue- 1975 had a total payroll of $3,117,412, but paragraph 63 (1975). hauf), all as more fully set forth In the would- also adversely affect the manu- v57 FCC 2d 625, paragraph 63 (1975). appliciktlon which is on lile with the facturing of transportation equipment

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 5290G NOTICES and its component parts. It is stated that to and in conjunction with its existing ural gas per day from Alaska's Prudhoo a curtailment or shutdown of Fruehauf's natural gas pipeline facilities extending Bay Field. Applicants state that said gas Decatur plants would affect 16 other from the, International Boundary be- will be transported thrpugh the facili- Fruehauf plants in the United States tween Canada and the United States, to ties of Alaskan Arctic Gas Pipeline Com- and Canada resulting in employee lay-' Malin, Oregon, to authorize PGT to pany and Canadian Arctic Gas Pipeline offs and plant shutdowns. It Is further transport and sell certain quantities of Limited to the bifurcation point of the asserted that Alumex Corporation whith natural gas to Pacific Gas and -Electric Canadian Arctic system near Caroline, obtains aluminum siding from Freuhauf's Company (PGandE), and to authorize Alberta, then over facilities of Canadian Sheet Mill would be adversely affected. PGT to transport certain quantities of Arctic to the Alberta-British Columbia, Any person desiring to be heard or to natural gas for the account of Pacific border, and through the facilities of Al- Interstate Transmission Company (Pa- berta Natural Gas Company Ltd. to the make any protest with reference to said - application should on or before Decem- cific Interstate) and for other shippers to United States-Canadian border near ber 13, 1976; file with the Federal Power -western United States markets, all as Kingsgate, British Columbia. Commission, Washington, D.C. 20426, a part of the proposed Arctic Gas Project. It is stated that from Kingsgate. petition to intervene or a protest in ac- Concurrently, PGT has filed a similar British Columbia, the major portion Pf cordance with the requirmeents of the amendment to its application for a Presi- the gas will be transported by POT to Commission's Rules of Practice and Pro- §ential Permit pursuant to Executive Malin, Oregon, and will be delivered ti cedure (18 CFR 1.8 or 1.10) and the Order No. 10485 authorizing the con- PGandE who, It Is said, will transport Regulations under the Natural Gas Act struction, operation, maintenance and said gas to'Antioch, California. It Is (18 CFR 157.10). All protests filed with- connection of additional facilities at the further stated that PGandE proposes to the Commission will be considered by it United States-Canada Boundary near' install,'in California, 281.6 miles of 36- the appropriate action to Kingsgate, British Columbia, in Docket inch O.D. pipeline' to complete the loop- in determining No. CP74-242, and a similar conforming ing of the existing PGandE transmission be taken but will not serve to make the for au- protestants parties to the proceeding. amendment to its application system from Malin to the Antioch ter- to become a party to thority to Import at-the Kingsgate, minal and eight miles of 36-inch O.D. Any person wishing British Columbia, delivery point natural pipeline between the Antioch and Brent- a proceeding or to'participateas a party. peti- gas pursuant to Section 3 of the Natural wood terminals. in any hearing therein must file a Gas Act in Docket No. CP75-252. On It is estimated by POT that Initial tion to intervene in accordance with the NoVember 10, 1976, Pacific Interstate volumes of 22,000 Mcf per day would be CommissiOn's Rules. Transmission Company (Pacific Inter- delivered for Northwest Alaska to the Take further notice that, pursuant to state), 720 West Eighth Street, Los facilities of Northwest Pipeline Corpora- the authority contained in and subject to Angeles, California 90017, filed in Docket tion at Stanfield, Oregon, or other de- the jurisdiction conferred upon the Fed- No. CP75-248 a supplement to its appli- livery points In Washington, Idaho and eral Power Commission by Sections 7 and cation for an order authorizing the ex- Oregon. It Is stated that PG and E would 15 of the Natural Gas Act and the Com- portation from Alaska and the importa- take an initial 200,000 Mcf of gas per mission's Rules of Practice and Proce- tion of natural gas from Canada into day into Its general system supply. It Is dure, a hearing will be held without fur- -the United States. Pacific Interstate re- further stated that the remaining 437,000 ther notice before the Commission on this quests authorization to have Its North ,Mcf per day would be delivered for the application if-no petition to intervene is Slope gas transported to Kingsgate, account of Pacific Interstate to SoCal filed within the time required herein, if British Columbia, in the Western de- either directly at existing points of Inter- the Commission on its own review of the livery leg of the Arctic Gas Project as de- connection, or by exchange between the matter finds that a grant of the certi- scribed below. As stated above, it is also two systems. ficate is required by the public conveni- proposed that PGT transport said gas Any person desiring to be heard or to ence and necessity. If a petition for from Kingsgate to Malin, Oregon, make any protest with reference to said leave to intervene'is timely filed, Or if through PGT's proposed facilities as de- amendments and supplements should on the Commission on its own motion be- scribed herein at which point it is stated or before December 13, 1976, file with the lieves that a formalhearing is required, that said gas would be delivered to Federal Power Commission, Washington, further notice of such hearing will be PGandE system and transported to the D.C. 20426, a petition to intervene or a duly given. Southern California Gas Company sys- protest in accordance with the-require- Under the procedure herein provided tem (SoCal). Applicants' proposals are ments of the Commission's Rules of Prac- for, unless otherwise advised, it will be more fully set forth in the above-de- tice and Procedure (18 CFR 1.8 or 1.10) unnecessary for Applicants- to appear or scribed conforming amendments which and the Regulations under the Natural be represented at the hearing. are on file with the Commission and Gas Act 18 CFR 157.10). All protests filed open to public inspection. - with the Commission will be considered KENNETH F. PLUMB, PGT states that although its applica- by it in determining the appropriate ac- Secretary. tions and other filings in the above- tion to be taken but will not servo to [FR Doc.76-35434 Fled 12-1-76;8:45 am] styled consolidated proceedings have make the protestants parties to the pro- forwarded several alternative designs for ceeding. Any person wishing ot became a consideration, it has announced the se- party to a proceeding or to participate as [Docket NO. CP75-96, etc.] lection of a single route and design for a party in any hearing therein must file EL PASO ALASKA COMPANY, ET AL the western delivery leg of the Arctic a petition to intervene In accordance Notice of Amendments Gas Project. PGT. states that details -with the Commission's Rules. Persons and specifies of the selected design have having heretofore filed in the subject NOVEMBER 24, 1976. been introduced into evidence and makes again. Take notice that# pursuant to Section reference to certain exhibits of record. dockets need not do so 1.11(b) -of the Commission's Rules of POT further states that the purpose of KENNETH F. PLUMS, Practice and Procedure (18 CFR -1.11 its amendments is to conform its appli- Secretary. (b)), on November 10, 1976, Pacific Gas cations to the selection of the Arctic Gas [FR Doc.76-35429 Flied 12-1-76;8:45 am) Transmission Company (PGT), 245 western delivery system which is re- Market Street, San Francisco, California flected in such record evidence. 94105, filed in Docket No. CP74-241 an PGT states that the proposed western [Docket No. 6ER7'6-40] amendment to conform its pending ap- leg of the Arctic Gas Project is designed EL PASO ELECTRIC CO. plication for a certificate of public con- to transport gas from Arctic sources to venience and necessary pursuant to Sec- be acquired by Natural Gas Corporation Notice of Filing tion 7(c) of the Natural Gas Act to of California (NGC), Pacific 'Interstate NoVmnBE 22, 1976. evidence filed in these consolidated pro- and Northwest Alaska Company (North- Take notice that on October 28, 1976, ceedings so as to authorize PGT to con- west Alaska). It. is ftrther stated that struct and operate 591.9 miles of 36,inch the chosen design will-be capable of car- El Paso Electric Company (El Paso) filed O.D.911 psig natural gas pipeline parallel rying approximately 659,000 Mcf of nat- corrected tarlff sheets.

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52M07

EI Paso states that on October 13, 1976, taken, but will not serve to make the [Docket Nos. EP76-53 and RP7I-60] the Commission issued an Order Approv- protestants parties to the proceeding. SOUTH TEXAS NATURAL GAS GATHERING ing Settlement Agreement in the above- Any person wishing to become a party CO. referenced docket which, by Ordering must file a petition to intervene. Copies Paragraph (B) thereof, accepterc for of this application are on file with the Notice of Filing of Refund Report filing and permitted to become effective Commission and are available for public NovEmBR 23,1976. on March 1, 1976, those revised tariff inspection. Take notice that on November 5, 1976, sheets filed in conjunction with the KENNETH P. PLUM, South Texas Natural Gas Gathering Settlement Agreement on August 16, Secretary. Company (South Texas) tendered for 1976. [FR Doc.76-35,431 Filed 12-1-70;8:45 am] filing a letter pursuant to Ordering El Paso state that it has subsequently -Para-"aphs (C) and (D) of the Commis- discovered that Supplement No. 2 to Rate [Docket No. CP76-104, PGA77-1] sion's Order Approving Settlement Schedule -PC Nos. 18 and 19 thus ac- Agreement, issued Ceptember 24,1976, in cepted for filing contain a self-evident PACIFIC INTERSTATE TRANSMISSION CO. the captioned dockets. typographical error in the paragraph of each delineating "Availability" of electric Notice of Proposed Changes In FPC Gas South Texas states that by letter dated service thereunder. Tariff Pursuant to Purchased Gas Cost September 29, 1976, It tendered for filing Adjustment Provision revised rate schedules reflecting the El Paso, accordingly, now submits cor- terms of the above-referenced Order. rected pages for these schedules and re- NOVEMBER 24, 1976. quests that these pages be substituted These revised rate schedules have been Take notice that Pacific Interstate accepted by the Commisslon's letter order in lieu of their counterparts previously Transmission Company submitted. ("Pacific Inter- dated October 29, 1976. state") on November 22, 1976 tendered Ordering Paragraph (C) of the above- Any person desiring to'be heard or to for filing as part of Its FPC Gas Tariff, referenced order requires that within protest said filing should file a petition Original Volume No. 2, the following fifteen (15) days of the Commission's ac- to intervene or protest with the Fed- sheets: ceptance of these revised rate schedules, eral Power Commission, 825 North Cap- South Texas shall refund all amounts itol Street, N.E., Washington, D.C. 20426, Substitute Third Revised Sheet NTo. 4 col- Substitute Second Revised Sheet No. 5 lected in excess of the rates set forth in accordance )with §§ 1.8 and 1.10 of the therein together with interest calculated Commission's Rules of Practice and Pro- The proposed effective date of both of at 9 percent per annum. Ordering Para- cedure (18 CFR 1.8, 1.10). All such peti- these tendered tariff sheets and the rates graph (D) requires that a report be filed tions or protests should be filed on or reflected thereon is December 1, 1970. within fifteen (15) days after refunds are before December 6, 1976. Protests will be Pacific Interstate states that the tariff made showing certain data prescribed considered by the Commission in deter- sheets listed above are Issued pursuant mining the appropriate -action to Le therein. to the Purchased Gas Cost Adjustment In Its November 5, 1976, submittal, taken, but will not serve to make pro- (PGCA) testants parties to the proceeding. Any Provision as set forth in Sec- South Texas states that it collected no tion 16 of the General Terms and Con- amounts in excess of the rate, set forth person wishing to become a party must FPC file a petition to interevne. Copies of ditions of its Gas Tariff, Original in those rate schedules accepted by the this filing are on file with the Commis- Volume No. 2 and Ordering Paragraph Commisslon's October 29, 1976 order. sion-and are available for public inspec- (C) of Opinion No. 770-A. South Texas requests that the Corn- tion. Pacific Interstate states that the KENNETH mision accept Its November 5,1976, sub- F. PLUMB, change in Its rates incorporated in the mittaI as South Texas' compliance with Secretary. tendered tariff sheets reflectsboth a Gas the requirements of Ordering Paragraphs Cost Adjustment and a special Surcharge [FR Doc.76-1 5427 Flled 12-1-76;8:45 am] (C) and (D) of the above-referenced Adjustment and that both adjustments order. are related solely to Independent pro- Any person desiring to be-heard or to [Docket No. ER77-58] ducer filings actually filed with the Com- mislon on or before November 12, 1976, protest said filing should file comments KANSAS POWER ANIY LIGHT CO. pursuant to provisions of Opinion No. with the Federal Power Commission, 825 770-A. North Capitol Street, NY., Washington, -Notice of Change in Service D.C. 20426, on or before December 9, Pacific Interstate states that the Gas NOVEMBER 23, 1976. 1976. Comments wl be considered by Cost Adjustment is based on an annual- the Commission in determining Take notice that on November 15, ized gas cost increase resulting from such the ap- 1976, the Kansas Power and Light Com- producer filings of $1,396,684 and that propriate action to be taken. Copies of pany tendered for filing an amendment the special Surcharge Adjustment, ap- the filing are on file with the Commission to its wholesale Power Service Agree- plicable to the twelve month period com- and are available for public Inspection. ment with the Flint Hills Rural Electric mencing December 1, 1976. Is designed Xm.-zn= F. PLUBM, Cooperative Association, Inc. The to recover estimated costs of $485,395. Secretary. amendment calls for 1) a change in Any person desiring to be heard or to IFR Doc.G-35439 Filed 12-1-76;8:45 am] maximum capacity for two delivery protest said filing should file a petition points (Florence and West Council to intervene or protest with the Federal Grove), 2) the deletion of a delivery Power CommissIon, Washington. D.C. TRANSCONTINENTAL GAS PIPE LINE Point.at-Strong City and 3) the addition 20426, in accordance with §§ 1.8 and 1.10 CORP. of a new delivery point at South Alta of the Commission's Rules of Practice Vista. A copy of the amendment has Order Accepting Stipulation and Agreement and Procedure (18 CFR 1.8, 1.10). All To Hold Proceedings Temporarily in been served upon the Flint Hills Rural such petitions or protests should be filed Electric Abeyance and To Establish Further Cooperative Association, Inc. on or before December 10, 1976. Protests Procedures Any person desiring to be heard or to will be considered by the Commission in Novmxzz 16,1976. protest this application should file a pe- determining the appropriate action to be On October 18, 1976, pursuant to Sec- tition to intervene or protest with the taken, but will not serve to make pro- Federal Power Commission, 825-North festants parties to the proceeding. Any tion 1.28(a) of the Commission's Rules of Capitol Street, N.E., Washington, D.C. person wishing to become a party must Practice and Procedure, Presiding Ad- 20426, in accordance with § 1.8 and 1.10 file a petition to intervene. Copies of this mnibstrative Law Judge Benkin referred of the Commision's rules of Practice and filing are on file with the Commission to the Commission a joint motion of Staff Procedure (18 CFR 1.8 or 1.10). All such and are available for public inspection. petitions or protests should be filed on and Transcontinental Gas Pipe Line or -before December 17, 1976. Protests / KH'ENNETH .Pr.LU, Corporation (Transco) for leave to ap- will be considered by the Commission in Secretary. peal from the Administrative Law Judge determining the appropriate action to be IFR Doc.76-35432 Filed 12-1-76;8:45 aml Order Denying Motion To Hold Proceed-

FEDERAL REGISTER, VOL 41, NO. 233--THURSDAY, DECEMBER 2, 1976 52908 NOTICES

ings In Abeyance And Establishing New [Docket No. EI77-571 Procedural Dates. DEPARTMENT OF THE INTERIOR On September-30, 1976, Transco moved TUCSON GAS & ELECTRIC CO. Bureau of Land Management the Presiding Judge to hold the Instant Notice of Filing of Service Schedule D to [Serial No. F-23016] proceedings temporarily In abeyance Power Service Agreement LOUISIANA LAND AND EXPLORATION CO. pending the rehearing of Commissio NOvWEMR 23, 1976. Opinion No. 769, Tennessee Gas Pipe Application for Airport Lease Line Company, Docket No. RP73-113, Take notice that Tucson Gas & Elec- tric Company ("TGE") on November 15, Notice is hereby given that pursuant with reference to the treatment of ad- to vance payments. Attached to that mo- 1976 tendered for filing a Service Sched- the Act of May 24, 1928 (49 U.S.C 211- ule D dated November 1, 1976, entitled 214) The Louisiana Land and Explora- tion was a Stipulation And Agreement tion To Hold Proceedings Temporarily In Electric Power Wheeling Agreement, as Company has applied for an airport Abeyance And To Establish part of the Power Service Agreement lease for the following land: Furthef Pro- dated cedures submitted by Staff and Transco. May 28, 1976 _between TGE and PIANKS AERID]IN, ALASKA The subject Arizona Electric Power Cooperative, Inc. Stipulation and Agreement ("AEPCO'"). Copies of the T. 16 N., R. 28 E., would hold in abeyance the instant pro- filing were Sees. 31 and 32 protracted ceeding pending the Commission's deci- served upon AEPCO on November 3,1976. T. 15 N., Il. 28 Z., sion on rehearing in)Tennessee and re- Any person desiring to be heard or to Sec. 5 protracted. quire the parties within thirty days after make any application with reference to Commencing at a brass cap -monument at the -IV corner of said section 32; thence issuance of that decision to meet in- said Service Schedule D should file a formally for S. 7'08'0411 E.; 1,210.06 feet to the true the purposes of determining petition to intervene or protest with the point of beginning of,this description lying further procedures which would be ap- Federal Power Commission, ,at Alaska State Plane Zone 2 coordinates propriate in light thereof. Ten days 825 N. Capi- of y=4,449,548.76, xz±516,857.617, at lati- -thereafter Transco agrees to file a mo- tol Street, N.E., Washington, D.C. 20426 tude 66°10'26.507" N., longitude 141053'- 09.786"1 V.1 thence ' tion with the Presiding Judge requesting in accordance with §§ 1.8 and 1.10 of the S. 36-22'67"' ' E, 000 the reconvening of the instant proceed- Commission's Rules of Practice and Pro- feet; thence S. 53°37'03 W., 290 feet; ings. On October 6, 1976, the Judge is- thence S. 36*22'57"1 E., 4,600 feet; thelpco cedure (18 CFR 1.8, 1.10). All such peti- S. 53°37'03" W., 110 feet; thence along the sued an Order Denying Motion to Hold arc of a 100 foot radius curve to the right Proceedings In Abeyance on the grounds tions or protests should be filed on or before December a distance of 314.16 feet; thence N. 36- that there are no assurances that any- 17, 1976. Protests will 22157" W., 4,900 feet; thence N. 53057'03" thing would be gained by deferring the be considered by the Commission in de- E., 400 feet to the true point of beginning procedural dates. termining the appropriate" action to be and containing 17.234 acres, All bearingg and distances are Alaska State Plane Zone We will accept the appeal of Transco taken, but will not serve to malke the 2. and Staff to the determination by the protestants parties to the proceeding. Presiding Law Judge. The appropriate Any person wishing to become a party The purpose of this notice is to inform legal standard to be applied to any ad- the public that the filing of this applica- vance payment proceeding is one of sev- must file a petition to intervene. Copies tion segregates the described land from eral issues to be reconsidered by the of this Service Schedule D are to file all other forms of use or disposal under Commission in the rehearing of Opinion with the Commission 'and are available the public land laws. No. 769. Rehearing in Tennessee should for pubic inspection. Interested persons desiring to express resolve the present state of ambiguity their views should promptly send their KENNETH F. PLUMB, with reference to advance payments Secretary. name and address to the District Man- under Order No. 465 and under Order No. ager, Bureau of Land Management, Box 499. We feel that for the instant proceed- [FR Doc.76-35433 Filed 12-1-76;8:45 am] 1150, Fairbanks, Alaska 99707. ing to continue to fruition and result in RICHAnD H, LEDosquET, an initial decision being Issued before DEPARTMENT OF HOUSING AND District Manager. our final reconsideration of Opinion No. 769 would be wasteful of time, energy, URBAN DEVELOPMENT IFR Doc.76-35468 Filed 12-1-70;8:45 am) and money by all parties concerned. Our Federal Disaster Assistance determination in the Tennessee proceed- Administration [N-7957] ing may very well moot many of the ar- [Docket No. NED-374; FDAA-522-DR] guments which might reasonably be NEVADA made in advance of that determination. MARYLAND Notice of Termination of Proposed We will therefore accept .the appeal of Amendment to Notice of Major Disaster Withdrawal and Reservation of Lands Staff and Transco and order the instant proceedings to be held in abeyance pur- Notice of Major Disaster for the State NOVEM13ER 26, 1976. suant to the Stipulation and Agreement of Maryland dated October 14, 1976, is Notice of Energy Research and Devel- filed with the Administrative Law Judge hereby amended to include the following opment Administration's (formerly on September 30, 1976. area among those areas determined to Atomic Energy Commission) application, have been adversely N-7957, for withdrawal and reservation The Commission finds and orders. affected by the of lands for geothermal potential was That the appeal of Staff and Transco to catastrophe declared a major disaster by published as.FR Dc. No. 74-2 57, page the determination of the Presiding Ad- the President in his declaration of Octo- 3977 of the issue for January ministrative Law Judge issued October 31, 1974. 6, ber 14, 1976: Several modification notices were pub- 1976, should be and is hereby accepted, lished in the issues for April 11, June 13, and the Stipulation and Agreement, of The City of: Taneytown (Carroll County). October 31,"1974, March 20, 1975, Feb- Staff and Transco, filed with the Pre- ruary 12 and September 23, 1976. The siding Administrative Law Judge on Sep- (Catalog of Federal Domestic Assistance No. applicant agency has cancelled its ap- tember 30, 1976, should ba and Is hereby 14.701, Disaster Assistance.) plication as to the lands remaining. accepted. Dated: November 22, 1976. Therefore, pursuant to the regulations By the Commission. -contained in 2091.2-5(b) 1, the following TaoxAs P. DuNNE, lands, at 10:00 aan. on December 30, - KENNETH P. PLUMB, 7 Administrator,Federal Disaster 1976, will be relieved of the segregative Secretary. Assistance Administration. effect of the above-mentioned applica- [FR Doc.76-35428 Filed 12-1-76;8:45 am] [FR Doc.76-35459 Filed 12-1-76;8:45 am] tion.

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52n909

IMJOUnZTDIASLO WMfrRIAN, NEVADA T. 35 5.,3. 28E, sagebrush and native grasses with some Sec. 36. Ba'FALO VAILEY juniper. In the past, the lands have been T. 36S., I. 28 E, used for livestock grazing purposes. The T. 30 N., R. 41 E., Sec. 36, N% ,EI.SEINE'A, E11sw'A, Sec. 34, NW4. S',SSWI, NE14SE!,, and S',SSE'i. lands also have wildlife habitat values, T. 37 S., R. 28 E, and they will be managed, together with LEACH HOT SPRIIGS Sec. 16; adjoining national resource lands, for T. 31 N., R. 38 E., Sec. 36. multiple use. Sec. 14, All. T. 38 S.. I. 28 E., 4. Subject to valid existing rights, the T. 31 N., R. 39 E. (partially surveyed) Sec. 16; provisions of existing withdrawals, and Sec. 21, NEV, IB A, S1SNWI S,'; Sec. 36. the requirements of applicable law, the ,SW%, SE ; T. 39 S., n. 28 E., Sec. 22, N%, W SWV, SE 4 described 1 SEA; See. 16; lands n paragraph hereof See. 27, NW, WVSWV/, SEY4SW%, are hereby open (except as provided in Se. 28, All; Sec. 36, WNE%. W,_. and SEJ. Sec. 33, NSE4; T. 40 S., i. 28 E., paragraph 2 hereoD to operation of the Sec. 34, N NE , SEANE'A, NW%, S S. Sec. 16; public land laws, including the mining Sec. 36. laws (Ch. 2, Title 30 U.S.C.), and the A. JomN H1LLSA ER, T. 41 S., R, 28 E., mineral leasing laws. All valid applica- Acting Chief, Sec. 16, excepting and excluding that par- tions received at or prior to 10:00 am. Divisionof Technical Services. cel of land containing 13.20 acres conveyed to Lako County, Oregon, for road- Dec. 31, 1976, shall be considered as [FR Doc.76-35474 Fled 12-1-76;8:45 am] way purpozen by deed recooded at Book simultaneously filed at that time. Those 53, Page 301, State Records of Deeds. received thereafter shall be considered T. 35 S., 1. 29 E., - in the order offhing. [OB 72751 Sec. 36. 5. Inquiries concerning * the lands OREGON. T. 36 S., R. 29 E.. should be addressed to the Chief, Branch Sec. 16; of Lands and Minerals Operations, Bu- of Public Order Providing for Opening Sec. 36. reau of Land Management, P.O. Box Lands T. 37 S., R. 29 E., See. 16, NNE,. SWINE', W%. and 2965, Portland, Oregon 97208. 24, 1976. NOVELMER S,3; HAROLD A. Bamrms, 1. In an exchange of lands made under Sec. 36, NE%, NE4NW ' . S NW%,, and Chief, Branch of Lands and the provisions of section 8 of the Act of S%. Minerals Operations. June 28, 1934, 48 Stat. 1269, 1272, as T. 38 S., R. 29 E.. amended and supplemented, 43 U.S.C. See. 16: [FR Doc.76-35382 Fied 12-1-76;8:45 ami following lands have Sec. 36. 315g- (1970), the T. 39 S., n. 29 E., been reconveyed to the United States: Sec. 16; OUTER CONTINENTAL SHELF OFFICIAL WILLAMIETI'E MESIDIAN Sec. 36. PROTRACTION DIAGRAMS T. 40 S., n. 29 E., T. 25 S., R. 19 E., Sec. 16: Notice of Approval Sec. 25, S%. Sec. 36. 1. Notice is hereby given that, effective T. 23 S, R. 20 E., T. 41 S., R. 29 E., WV and WIE14. with this publication, the following OCS eSec. 36, lots 1, 2,3, and 4, 2 See. 16. T. 39 S., R. 22 E., • T. 36 S., 3. 30 E., omficlal Protraction Diagrams, approved Sec. 36, N NEY4, SNE, NWNW , Sec. 16; on the date indicated, are available, for SE4NW14NE SW'/, and SE. Sec. 36. Information only, in the Outer Continen- T. 28 S., R. 23 E., T. 37 S., 3. 30 E., tal Shelf Office, Bureau of Land Manage- Sec. 16, WY. Sec. 16; ment, Anchorage, T. 38 S., R. 23 E., Alaska. In accordance See. 36, WVNE , SE!4NE,, Wli, and Sec. 36. with TItle 43, Code of Federal Regula- T. 38 S., M.30 Z., tions, these protraction diagrams are SEY. Sec. 16; the T. 39 S., B. 23 E., Sec. 36. basic record for the description of min- See. 36, lots 1 to 7, inclusive, S! NW , T. 39 S., P. 30 E., eral and oil and gas lease offers in the N SW , and NWY4SE4. Sec. 16; geographic area they represent. T. 41 S., 3. 23 E., Sce. 36. Sec. 16, NEY4, EY2NW%, and SYA. O=ra Co-,rIrNAL SHEL PzoT=Acro. T. 40 S., R. 30 E., DzIAGcaZs T. 28 S, 11. 24 E, Sec. 16; Sec. 36. Sec. 36. Description Approval date T. 39 S., R. 24E, T. 41S, P3 30 E., NN 3-2 Cold Bay.-.... Sept. 30, 1976 Sec. 20, SENSE . Sec. 16. WN 4-1 Stepovak Bay___ Oct. 6, 1976 T. 40 S., R. 24 E., T. 40 S., 3. 31, E., NO 3-4 Cape Newenham_ Sept. 30, 1976 See. 36.. Sec. 16. NO 3-6 Oct. 2, 1976 T. 28 S., R. 25 E., T. 41 S.. I3 31 E., NO 4-1 Goodifew ____ Oct. 6, 1976 Sec. 16. Sec. 16. NO 4-3 Hagemelster Is- Sept. 30,1976 T.29 S., R. 25 E., - land. Sec. 1&- The areas described aggregate, after NO 4-4 Naknek ------Sept. 30, 1976 T. 40 S., R. 25 E., making the aforesaid exceptions, 32,- NO 4-7 Chlgnik -:-- Sept. 30, 1976 SEc.36, SENW4, NESWJ, and NW1% 044.78 acres in Lake and Harney Coun- NO 6------Oct. 27, 1976 NO 7-6 Oct. 27, 1976 T. 38 S., R. 26 E., ties. Sec.-36, W1 NEN, SE rilNW, 2. Sec. 36, T. 40 S., R. 24 E., Is in- 2. Copies of these diagrams are for sale NEV4SWY4, N SE/4 , and SEVeSE3. cluded in an existing geothermal re- at two dollars ($2.00). per sheet by the T. 38 S., R. 27 E, sources lease previously Issued by the Manager, Outer Continental Shelf Office, Sec. 16; State of Oregon. Bureau of Land Management, P.O. Box See. 36, N%, HY2SWA, and SEK. 3. The subject lands consist of wldely 1159, Anchorage, Alaska 99510. The T. 39 S., I. 27 E., scattered parcels generally located within street address is 800 "A" Street, Anchor- Sec. 16; 30 miles south and east of the Hart age, Alaska. Checks or Money Orders See. 36, lots 1 and 2, N, E1/SWI,, and Mountain National Antelope Refuge and should be made payable to the Bureau of T. 40 S, 3. 27 E., with some parcels In northeastern Lake Land Management. See. 36, excepting and excluding that and northwestern Harney Counties. Ele- vation JoiN A. HAGAs, parcel of land containing 22.20 acres varies from 4,000 to 6,500 feet Acting Manager,Alaska Outer conveyed to Lake 'County, Oregon, for abPve sea level, and the topography ContinentalShelf Office. roadway purposes by deed recorded at ranges from generally flat to steep and 9ook 53, Page 301, State Record of Deeds. rocky. Vegetation consists primarily of [FR Doc.76-35381 Piled 12-1-76;8:45 am]

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52910 NOTICES,

SALMON DISTRICT MULTIPLE USE The areas described aggregate 828.46 2. The United States did not acquire ADVISORY BOARD acres in Benton and Franklin Counties. any mineral rights with the land in sees. Meeting 2. A majority of the subject lands are 15 and 23. located approximately 14 miles west of 3. The subject land consists of one Notice is hereby given in accordance- the City of Richland in the Badger Slope large parcel of 992 acres and one small with Pub. L. 92-463 that a meeting of the area of Benton County. The remaining parcel of 40 acres located appeoximately Salmon District Multiple Use Advisory parcel of subject lands is located approxi- 12 miles east of the City of Richland in Board will be held beginning at 9:00 mately 15 miles northeast of the City the Badger Slope area of Benton County. a.m. January 12, 1977, at the Salmon of Pasco in the Juniper Forest area of Elevation varies from 800 to 1,465 feet District Office, Salmon, Idaho. Franklin County. Elevation varies from above sea level, and the topography Is The Advisory Board was established to 800 to 1,200 feet above sea level, and the rolling to semi-mountainous. Vegetation advise the Salmon District Manager on topography is generally rolling. Vegeta- consists primarily of sagebrush and na- matters relating to the use, manage- tion consists primarily of sagebrush and tive grasses. In the past, the land has ment, protection, and disposition of lands native grasses. In the past, the lands been used for livestock grazing purposes, and resources administered by the Bu- have been used for livestock grazing pur- and it will be managed, together with reau of Land Management within the poses, and the parcel located in the Juni- adjoining national resource lands, for SalmonDistrict. per Forest area has public recreational multiple use. The purpose of the meeting is to re- values. The lands will be managed, to- 4. Subject to valid existing rights, the view and discuss, (1) The Federal Land gether with adjoining national resource provisions of existing withdrawals, and Policy and Management Act of, 1976; lands, for niultiple use. the requirements of applicable law, the (2) Forestry program; (3) Challis EIS; 3. Subject to valid existing rights, the land described' in paragraph 1 hereof is (4) Wild Horses; (5) Oil and Gas leases; provisions of existing withdrawals, and hereby open (except as provided In para- and (6) other appropriate items. the requirements of applicable law, the graph 2 hereof) to operation of the pub- The meeting is open to the public. It lands described in paragraph 1 hereof lic land laws, including the mining laws is expected that 10 persons will be able are hereby open to operation of the pub- (Ch. 2, Title 30 U.S.C.), and the mineral to attend the session in addition to the lic land laws, including the mining laws leasing laws. All valid applications re- Committee members. Interested persons (Ch. 2, Title 36 U.S.C.) and the mineral ceived at or prior to 10 a.m. December may make written presentations to the leasing laws. All valid applications re- 31, 1976, shall be considered as simul- Committee or file written statements. ceived at or prior to 10:00 a.m. Decem- taneously filed at that time. Those re- Such requests should be made to the ber 30, 1976, shall be considered assimul- ceived thereafter shall be considered in official listed-below at least 10 days prior taneously filed at that time. Those re- the order of filing. to the meeting. ceived thereafter shall be considered in 5. Inquiries concerning the land should Further, information concerning this the order of filing. be addressed to the Chief, Branch of meeting may be obtained from Harry R. 4. Inquiries concerning the lands Lands and Minerals Operations, Bureau Finlayson, District Manager, P.O. Box should be addressed to the Chief, Branch of Land Management, P.O. Box 2965, 430, Salmon, Idaho, telephone (208) of Lands and Minerals Operations, Bu- Portland, Oregon 97208. ,reau of Land Management, P.O. Box 756-2201. Minutes of the meeting will be HAROLD A. BEIIENDS, available for public inspection and copy- 2965, P6rtland, Oregon 97208. FREDERICK S. CRAFTs, Chief, Branch of ing 2 weeks after the meeting at .the Lands and Minerals Operations. Salmon District Office, Highway 93 Acting Chief, Branch of [FR Doc.76-35470 Filed 12-1-76; 8:45 am] South, Salmon, Idaho. Lands and MineralsOperations. [FR Doc.76-35469 Filed 12-1-76;8:45 am] Dated: November 24, 1976. [Wyoming 57582] MARRY R. FVNLAYsONr, WYOMING DistrictManager. [OR 9657 (Wash.) ] Application [FR Doc.76-35471 Filed 12-1-76;8:45 am] WASHINGTON Order Providing for Opening of Public NovEMBER 24, 1976. Land Notice Is hereby given that pursuant [O. 12565 (Wash.) ] to section 28 of the Mineral NOVEMBER 24, 1976. Leasing Act WASHINGTON of 1920, as amended (30 U.S.C. 185), 1. In an exchange of lands made under Colorado Interstate Gas Company of Order Providing for Opening of Public the provisions of section 8 of the Act Lands Colorado Springs, Colorado, filed an ap- of June 28, 1934, 48 Stat. 1269, 1272, as plication for a right-of-way to construct 1. n an exchange of lands under the amended and supplemented, 43 U.S.C. 4 inch pipelines for the purpose of trans- provisions of section 8 of the Act of 315g (1970), the following land has been porting natural gas across the following June 28, 1934, 48 Stat. 1269, 1272, as reconveyed to the United States: described National Resource Lands: amended and supplemented, 43 U.S.C. WILLAMLrrI MFSDAN 315g (1970), the following lands have sxxTH rnlucI'AL MERIDZAN, wIYOMINO been reconveyed to the-United States: T. 9 N., n. 26 E., T. 16 X., R. 94 W., See. 14, SWI/4SWV4 and S/ 2 SE/ 4 SWV 1; Sec. 4, lot 2. Wn.LTA1MErIE MER IAD% Sec. 165, NW/SW/ 4 , W1 2W 2SWWSW1/ 4 , T. 17 N., n. 94 w., SE1/4SW/SW,/ . SSE/, and that por- T. 9 X., R. 26 E., 4 Sec. 12, SWY4 SWtI; - tion of the SW/4NW/ 4 lying southerly Sec. 14, E2sNE1/ , XS / , SWV4SE3: Sec. 19, lot 5, El/2 SE/4, and SW/4 SE1/4 , 4 4 except those parcels in said lot 5 con- of the south right-of-way line of U.S. Sec. 22, SW/SWV, EI/ SE/4: Highway 12; 2 taining 2.11 acres, more or less, as de- Sec. 34, N 2XW/w: 4 SWy4WMV!4, WV'Sw! , scribed in warranty deed to the United Sec. 22, N/ 2 ; SE'ASWY4. Sec. 23, IEY States. recorded September 25, 1975, in Sw /4 4, NW1/4NwlA, s YNW2/, Volume 300 at Page 1049, records of Ben- N 2S , that portion of the SENE/ The pipelines will transport natural lying southwesterly of a straight line gas from the Ladd Petroleum Federal No, ton County, Washington; drawn between the NY corner and the See.. 20, S/2, except that parcel In the SE/ 4 1-4-64 well in sec. 4, T. 16 N., R. 95 W., 4 EY4 corner of sald Sec. 23, the NEIINW/ 4 and the Ladd Petroleum Federal No. 1- SW 4 and SE/SW/ 4 containing 1.43 except the East 300 feet thereof, and acres, more or less, as described in war- 12-74 well in sec. 12, T. 17 N., R. 94 W., to that portion of the 81/2S% lying north- runty deed to the United States recorded erly of the north right-of-way line of points of connection with ti~cr existing September 25, 1975, in Volume 300 at l dcee County Road; P22 4 Inch pipeline In sec. 22, T. 17 N., n. Page 1049, records of Benton County, Sec. 24, SE/ SW . 94 W., Sweetwater County. Washington; 4 4 Sec. 21, W%. This area described contains, after The purpose of this notice is to Inform T. 10 N, 1. 32 E., making the aforesaid exception, 1,032 the public that the Bureau will be pro- Sec. 5, ENEy4 SW% and NW/ 4 NEI/SWIA. acres in Benton County. ceeding with consideration of whether

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52911

the application should be approved and, of the Federal Coal Mine Health and 6. Bishop's alternate method of com- if so, under what terms and conditions. Safety Act of 1969, 30 U.S.C. 861(c) pliance under section 75.305 will assure Interested persons desiring to express (1970), Bishop Coal Company has filed a a return airflow which is of sufficient their views should do so promptly. Per- petition to modify the application of 30 quantity and quality to provide full pro- son submitting comments should include CFR 75.305 to Its Bishop Mine No. 33-37, tection to miners in the section which their name and address and send them to located in McDowell County, West Vir- it serves. the District Manager, Bureau of Land ginia. 7. A requirement on the other hand, Management, 1300 Third Street, P.O. 30 CFR 75.305 provides: that miners enter the old workings to Box 670, Rawlins, Wyoming 82301. In addition to the pre-shift and daily ex- inspect and monitor the return airway aminations required by this Subpart D, ex- would result In a diminution of safety to ALrMA LUNDBERG, the miners because of the danger of roof Acting Chief, Branch of Lands aminations for hazardou3 conditions, including tests for methane, and for compliance falls. Bishop submits, therefore, that its and Minerals Operations. with the mandatory health or safety stand- alternate method of compliance with iFR Doe.76-35383 Filed 12-1-76;8:45 am] ards, shall be made at least once each week § 75.305 will at all times result in a high- by a certified person designated by the oper level of safety to miners than would erator in the return of each split of air where conformance to § 75.305 as written. [Wyoming 57583] it enters the main return, on pillar falls, at REQUEST FOR HEARInG OR COMMEvS WYOMING seals, In the main return, at least one entry of each Intake and return aircourze in its en- Persons interested in this petition may Application tirety, Idle workings, and. Insofar as safety considerations permit, abandoned areas. request a hearing on the petition or fur- NOVE MBER 24, 1976. Such weekly examination need not be made nish comments on or before January 3; Notice is hereby given that pursuant during any week In which the mine is Idle 1977. Such requests or comments must to section 28 of the Mineral Leasing Act for the entire week, except that such exam- be filed with the Office of Hearings and of 1920, as amended (30 U.S.C. 185), ination shall be made before any other miner Appeals, Hearings Division, U.S. Depart- Colorado Interstate Gas Company of returns to the mine. The perron making such ment of the Interior, 4015 Wilson Boule- Colorado Springs, Colorado, filed an ap- examinations and tests shall place his int- vard, Arlington, Virginia.22203. Copies plication for a right-of-way to construct tials and the date and time at the places ex- of the petition are available for inspec- amined, and If any hazardous condition Is tion at that address. two and four inch pipelines for the pur- 'found, such condition shall be reported to poses of transporting natural gas across the operator promptly. Any hazardous con- JAMSx R. RICnARns, the 'following described National Re- dition shall be corrected immediately. If such Director, source Lands: condition creates an Imminent danger, the Offe of Hearings and Appeals. operator shall withdraw all persons from the sm= PRI;nCAL ME=mIAN. WYOLUNG area affected by such condition to a safe area, Novz zER 22, 1976. T. 18 N., R. 98 W., except those persons referred to In section FR Doc.7G-35398 Filed 12-1-76;8:45 am] Sec. 24, SWI/NEV4. 104(d) of the Act, until such danger is T. 19 N., R. 101 W., abated. A record of these examinatlons tests. Sec. 2,,lot 4, SWNW , NjSW! , SE% and actions taken shall be recorded in ink or [Docket No. f 76X687] indelible pencil In a book approved by the SWV4, SY2 SE A; BRUSHY FORK MINING CORP. Sec. 12, NW 4NW . Secretary kept for such purpoe in an area on the surface of the mine chosen by the Petition for Modification of Application of The pipelines will transport natural mine operator to minimle the danger of Mandatory Safety Standard gas from Brown Federal 11-12 well in destruction by fire or other hazard, and the Sec. 12, T. 19 N., R. 101 W. to a point of record shall be open for Inspection by inter- Notice Is hereby given that in accord- connection with proposed F146 line in ested persons. The substance of Petitioner's ance with the provisions of section 301 sec. 2, T. 19 N., R. 101 W. and from this statement Is as followp: (c) of the Federal Coal Mine Health point into their existing Desert Springs 1. Bishop Coal Company petitions for and Safety Act of 1969, 30 U.S.C. 861(c) Gathering System in Sec. 3, T. 19 N., R. modification of the requirement that a (1970), Brushy Fork Mining Corpora- 101 W.; and from the No.:3 Delaney Rim tion has filed a petition to modify the weekly examination be made of the re- CFR Unit Well in sec. 24, T. 18 N., R. 98 W:, turn airway for the Dry Fork left section application of 30 75.1405 to its Sweetwater County. Brushy Fork No. 1 and No. 2 Mines I.D. No. 023. located in McDowell County, West The purpose of this notice is to inform 2. Attached as Exhibit A Is a map of Virginia. the public that the Bureau will be pro- the area of the Bishop Mine No. 33-37 30 CFR 75.1405 provides: ceeding with consideration of whether which is relevant to this Petition.' -the application should be approved and, 3. The return airway serves the section All haulage equipment acquired by an operator of a coal mine on or after March 30. if so, under what terms and conditions. currently being mined. A portion of the 1971, shall be equipped with automatic Interested persons desiring to express subject return airway passes through couplers which couple by Impact and un- their views should do so promptly. Per- some old workings in the mine. The roof couple without the necessity of persons going sons submitting comments should in- of the old workings is not supported, and between the ends of such equipment. All clude their name the area Is dotted with roof falls. Con- haulage equipment without automatic and address and send couplers in use in a mine on March 30, 1970, them to the District Manager, Bureau of sequently, the portion of the return airway which passes through the old work- shall also be so equipped within 4 years Land Management, P.O. Box 1869, Rock after March 30,1970. Springs, Wyoming-82901. ings cannot be walked without risk of serious bodily injury. The substance of Petitioner's state- AreALUNDBERG, 4. The falls which exist in the old ment is as follows: Acting Chief, Branch of Lands and workings have no effect on the velocity 1. The implementing regulation at 30 Minerals Operations. or quantity of air travelling the return CFR 75.1405-1 provides: [FR Doc.76-35384Filed 12-1-76;8:45 am] airway. The requirement of § 75.1405 with re- 5. Bishop proposes to monitor the con- spect to automatic couplers applies only to track haulage cars which are regu- Office of Hearings and Appeals ditions of the return airway in the area of the old workings by weekly tests of air larly coupled and uncoupled. [Docket No. M 76X703] quality and quantity at points where the 2. Section 75.1405-1 of the Regula- tions does not require installation of BISHOP COAL CO. return airway enters and exists the old workings. automatic couplers on Petitioner's supply Petition for Modification of Application of and other vehicles, which are more Mandatory Safety Standard specifically described herein. Such ve- 'Vshlblt A Is available for Inspection at hicles are not "haulage equipment" Notice is hereby given that in accord- the address listed In the last paragraph of within the meaning of the Act nor are ance with the provisions of section 301(c) this notice. they "track haulage cars which are xegu-

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52912 - NOTICES - larly coupled and uncoupled" within the In Petitioner's mine, provide less uniform Underground transformer stations, bat- horizontal and vertical alignment of au- tery-charging stations, substations, compres- meaning of the Regulation. sor stations, shops, and permanent pumps 3. Even if § 75.1405-1 did require that tomatic couplers and will cause excessive shall be- housed in fireproof structurea or vehicles be equipped with wear to, and/or jamming of, such cou- Petitioner's plers. areas. Air currents used to ventilato struc- automatic couplers, such provisions 11. In light of the conditions stated tures or areas onclosing electrical installa. should be modified, pursuant to section tions shall be coursed directly into the re- 301(c) of the Act, to permit utilization of above, use of automatic couplers in Peti- turn. Other underground structures Installed the drawbar and pin system, which pro- tioner's mine would present the follow- In a coal mine as the Secretary may prescribe vides equivalent or greater safety to ing hazards to safety: shall be of fireproof construction. miners than an automatic coupling sys- a. Excessive wear to automatic cou- The substance of Petitioner's state- tem. plers would result in accidental uncou- ment is as follows: 4. Petitioner's mines utilize an all-belt pling and possible derailment. The following factors prevent compli- conveyor system to transport coal from b. Automatic couplers which become ance with the aforementioned section: the underground working sections to the jammed or accidentally uncoupled would outside coal handling facilities. in almost every instance require miners 1. Pumps are located on old haulage 5. Use of the track -haulage system is to position themselves between vehicles from the pit mouth towards Lemley fan limited to transportation of men, sup- in order to effect the proper alignment which was mined 20 to 50 years ago. plies and equipment from the surface to for coupling. 2. The haulage is ventilated with In- the off-track loading point. Men, supplies Accordingly, the use of automatic cou- take air and there are no return airways. and equipment may be transported from plers, whether on or offtrack, in Peti- Pump 65+00 is 1 mile from a return and that point to the faces in vehicles capable tioner's mine would result In a diminu- pump 103+00 is 4,000 feet from a returm of traveling off-track. tion of safety to the miners in such mine. 3. Intake air that passes these pump 6. Men are usually transported on rail 12. The pin-and-drawbar couplers stations is not used to ventilate an active (on track) in self-propelled unit ve- which Petitioner. proposes to use in Its working section. hicles which are not regularly coupled mine are far less susceptible to excessive 4. The Sewickley Seam 80 feet above and uncoupled. Off rail (off-track) men wear, jamming or accidental uncoupling these pumps has been mined, eliminat- may be transported in self-propelled, from uneven alignment than automatic ing the practicability of drilling addi- rubber-tired vehicles or on skids pulled couplers and can be manipulated -with tional holes and venting to the surface. by self-propelled, ubber-tired tractors. much greater flexibility. The couplers in (Enclosed are Sewickley overlays of the 7. Supplies and equipment are nor- Petitioner's mine, therefore, would guar- pump locations.) 1 mally to be transported on rail (on track) antee no less than the same measure of 5. Pump stations are located in natural in "rubber/rail" vehicles, equipped with protection ,which would be afforded the basins and continuous operation is nec- retractable -rubber wheels. These -ve- miners by the use of automatic couplers essary to prevent flooding of the haulage. hicles are pulled on track by steel- at the affected mine. wheeled electrical locomotives. By en- The following procedures will be ob- gaging the rubber wheels, the vehicles REQUEST FOR HEARING OR COm MENTS served to provide no less than the same are able to operate off rail (off-track) Persons interested in this petition may measure of protection as required by where they are pulled by self-propelled, request a hearing on the petition or fur- § 75.1105: rubber-tired-tractors. All of Petitioner's nish comments on or before January 3, 1. Pumps will be housed in a fireproof supply cars which travel off rail (off- 1977. Such requests or comments must building; track) are "rubber/rail" vehicles. be filed 'with the Office of Hearings and 2. An automatic fire suppression devico 8. Because of the exclusive use of a Appeals, Hearings Division, U.S. Depart- will be installed in each of these pump belt conveyor system to transport coal, ment of the Interior, 4015 Wilson Boule- stations that will be activated by heat the use of automatic couplers on equip- vard, Arlington, Virginia 22203. Copies of sensors over the pump; ment traveling on or off rail (track) will the petition are available for inspection 3. Automatic closing steel doors that result in a diminution of safety to the at that address. will be activated by a heat sensory device miners in Petitioner's mine. will be installed; 9. Petitioner's mine is characterized by JAMES R. RicHARDs, entries having a relatively tighter, nar- Director, 4. No oil or combustible material will rower radius of horizontal curve and by Office of Hearingsand Appeals. be stored in the pump stations; 5. Electrical circuits will comply with bottom grades which are more pro- NOVEMBER 22, 1976. nounced and undulating than mines us- the requirements of the FEDERAL Ing track haulage to transport coal. The [FR Doc.76-35399 Filed 12-1-76;8:45 am]- REGISTER; uneven bottom contours, tight horizontal 6. A fire warning device (light or born) curves and the fixed position of the en- [Docket No. M 76-113] will be mounted along the mainline haul- gaged rubber wheels on rubber/rail cars age at the entrance to the pump stations traveling off-track distort the horizontal CHRISTOPHER COAL CO. to give visual or audible warning of a fire and vertical alignment needed for reli- Petition for Modification of Application of in pump stations. This warning device able functioning of automatic couplers Mandatory Safety Standard will be activated by heat sensory devices; and cause excessive wear to, and/or " Amended notice Is hereby given that and Jamming of, such couplers. 7. Inspection of these pumps stations 10. Since coal is not in accordance with the provisions of sec- to be transported tion 301(c) of the Federal Coal Mine will be made in compliance with the re- on Petitioner's tracks, the tracks and quirements of the Act. track roadbeds have not been construct- Health and Safety Act of 1969, 30 U.S.C. 861(c) (1970), Christopher Coal Com- REQUEST rog HEARING OR COMMsENTS ed to carry the 35- to 50-ton locomotives pany has filed a petition to modify the and the 10- to 30-ton coal cars typically application. of 30 CFR 75.1105 to its Purs- Persons interested In this petition may found in mines using track haulage to request a hearing on the petition or fur- transport coal. In such mines, heavy glove No. 15 MIne, Osage, Monongalia nisli comments on or before January 3, duty ballasting of the track roadbed and County, West Virginia. Notice was pub- 1977. Such requests on comments must track alignment by means of welded lished in Docket No. M 76-113 on June 29, be filed with the Office of Hearings and plates are designed to accommodate the 1976, of Christopher Coal Company's pe- Appeals, Hearings Division, U.S. Depart- extremely heavy locomotives and coal tition to modify the application of 30 ment of the Interior, 4015 Wilson Boule- cars and contribute substantially to re- vard, Arlington, Virginia 22203. Copies liable functioning of automatic couplers. CFR 75.1105 to its Humphrey No. 7 Mine. The lighter weight track and ballasting This notice hereby amends the previous 1Exhibits are available for inspection at designed to accommodate the relatively notice in Docket No. M 76-113. the address shown in the last paragraph c. lighter rubber/rail supply cars to be used 30 CFR 75.1105 provides: the notice.

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52913 of the petition are available for Inspec- of the complete system shall be con- The substance of Petitioner's state- tion at that address. ducted at least once a year. ment Is as follows: JAMs H.. RcHMcrS, () The fireproof structure or area 1. The alternate method the petitioner Director, enclosing the electric installation shall proposes to establish In lieu of the man- Ofce of Hearings and Appeals. be examined for hazardous conditions datory standard is onein which there is daily. employed manual devices, described In NOV=MER 22, 1976. (g) The record of the examinations for detail hereafter. [FR Doc.76-M500 Filed 12-1-76;8:45 am] electrical equipment required by Sections 2. The alternate method consists of 30 CFR 75.1805 and 30 CFA 75.1802 shall permanently coupling the mine cars into be kept on the surface and made avail- trips with the end cars provided with [Docket No. U 76X709] able to an authorizad representative of loose pins controlled by levers extending CLINCHFIELD COAL CO. the Secretary and to the miners in such to the clearance side of the cars. The Petition for- Modification of Application of mine. link at the fixed pin end will be on both MandatorySafety Standard 4. Enclosed with this petition Is a ends of the locomotive and iftalignment will be controlled, if required, Notice is hereby given that in accord- drawing entitled "Open Fork No. 2 Mine by a 37- ance with the provisions of section 301 Belt Transformer Isolation Plat" and a inch hand link aligner prior to coupling. ventilation map of Open Fork No. 2 Mine, Thus the coupling and uncoupling of the (e) of the Federal Coal Aine Health and locomotive to either end of the fixed Safety Act of 1969, 30 U..C. 861(c) describing the system of ventilation em- trip (1970), Clincbfield Coal Company has ployed and the location of the trans- will be safely accomplished by the cou- filed a petition former and belt drive dated August 24, pler or brakeman, standing outside of to modify the application the path of the cars and locomotive. of 30 ,QM 75.1105 to its Open Fork No. 2 Mine, located in Dickenson County, 5. Petitioner is confident that such con- 3. The alternate method will at al Virginia. ditions will, at all times, guarantee no times guarantee a standard of proteti:s 30 CFR 75.1105 provides: less than the same measure of protection no less than would be the application o. to the miners of such mine as the the mandatory standrd. Underground transformer stations, bat- ventilation requirements specified In tery-charging stations, substations, compres- § 75.1105. RrQ'orsT ron, HimmuG 67 Co==.-s sor stations, shops, and permanent pumps Persons interested mr: -shall be housed in fireproof structures or REQU.ST FOR HEAUm on C'Ow ;Ts in this petition areas. Air currents used to ventilate struc- request a hearin on the petition or fL- tures or areas enclosing electrical Installa- Persons interested In this petition may .nlsh comments on or before January Z. tions shall be- coursed directly Into the re- request a hearing on the petition or fur- 1977. Such requests or comments muz' turn. Other underground structures In- nish comments on or before January 3, be filed with the OJfice of Hearings nsi stalled in a coal mine as the Secretary may 1977. Such requests or comments must be Appeals, Hearings Division. US. Dzpart- prescribe shall be of fireproof construction. filed with the Office of Hearings and Ap- ment; of the Interior, 4015 'Wilson EouIe- The substance of Petitioner's *state- peals, Hearings Division, U.S. Depart- vard, Arlington, Virginia 22203. Copies o: ment is as follows: ment of the Interior, 4015 Wilson Boule- the petition are available for inspctionz 1. The Open Fork No; 2 Mine is located vard, Arlington, Virci a 22203. Copies at that adcfe-s. in the Upper Banner Seam, is opened by of the petition are available for inspec- Ja R. drifts and operates a total of five tion at that address. Ricr$ms. mech- Director, Oflice of anized units on a multiple shift opera- JArs R. RIcUMs, Hearingsand Appeal. tion. Director, 2. The Petitioner seeks modification of Offlce of Hearingsand Appeals. Novnu r.22, 1976. the regulation as it relates to the ventila- IFlR 3Dc.7C-S34V2 Fled 12-1-76,8:43 am!, tion of one Ensign 150 KVA belt trans- Noviram 22, 1976. former that is required to operate a Long [PR Pac.70.35401 Flied 12-1-70;8:45 am] Air-dox belt drive that is located in In- 1D.7-et; ITO. 217=2 take air courses where no return air JIM WALTER RESOURCES, JNC. courses are available. EDocket ITo. 1170-121 3. The Petitioner respectfully requests Petition for Modification of Application o" that since the belt transformer is located J AND M COAL CO. Mandatory Safety Standard in entries that are all intake entries that Petition for Modification of Application of Notice is hereby given that in accord- it be permitted an alternate method of Mandatory Safety Standard ance with the provisions of section 301 mebting the ventilation requirements Notice Is hereby given that in accord- (c)of the Federal Coal Mine Health and lsted-in 30 CFR 75.1105, subject to the ance with the provisions of section 301 Safety Act of 1969, 30 U.S.C. 961(cP following conditions: c of the Federal Coal Mine Health and (1970). Jim Walter Resources, Inc., has (a) The fireproof enclosure shall be Safety Act of 1969, 30 U.S.C. 861(c) filed a petition to modify the application equipped with automatically closing fire (1970), J and M Coal Company has filed of 30 CFR 75.326 to Its Mine No. 4. Io- doors activated by a thermal device with a petition to modify the application of cated In Tu-caloosa County, Alabam. an activation temperature no ° greater 30 CFR 75.1405 to its No. 2 Mne 30 CFR, '5.326 provides: than 200 F. Such (fof- doors shall be designed merly i. Duncan Mine), located in In any coal mine opened after :ra0- to enclose all associated electric com- Campbell County, Tennessee. 1970. the entrIcs used as intale and ratmrn ponents in a reasonably airtight en- air courzes shall be separated from belt closure in__ase of fire or excessive 30 CFR, 75.1405 piovldes: haulare entricz, and each opeator of cuch temperature. All haulage equipment acquired by an op- mine shall limit the velocity of the ca (b) The electric equipment shall be erator of a coal mine on or after march 2D. courscd throuf-gh belt haulage entrfe to the protected withka thermal device, rated at 1971. shall be equipped with automatic cou- amount nccessary to provide an adquate no greater than 200' F., designated to plers which couple by Impact and uncouple -upply of oxygen in such entries, and to In- remove incoming power. without the necesstty of porcona going be- sure that th3 air therein shill contain lezz (c) No combustible materials tween the ends of such equipment. All haul- than 1.0 volume per centun of methane, and shall be age equipment without automatic couplcrG such air sha not be used to ventilate aatle stored or allowed to accumulate in the in use In a mine on March 30. 1970, shall aleo vorzilng places. Whenever an authorized rc2- fireproof enclosure. be so equipped within four year-s after rczntativc of thq Zecretary frede, in the c- (d) The electrical equipment shall be March 20, 1970. of any coal mine opencd on or prior to Z-arch examined weekly, tested, and properly 20, 1070. which has b2en developed l.th ]maintained by a qualified electrician. more thn two entries, that the conditions %Theenclored drawing and map are avail- In the entricz, other than belt haulage en- (e) The fire suppressibn devices shall able for Inspection at the address listcd in Itric, are such a= to permit adequately the be examined weekly and a functional test the last paragraph of this notice. couroing of lntake or return air through

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, [JECEMER 2, 1976 52914 NOTICES such entries (a) the belt haulage entries manent type stoppings as required by 30 of the petition are available for inspec- shall not be used to ventilate, unless such CFR 75.326. The intake escapeway will tion at that address. entries are necessary to ventilate, active be separated from trolley haulage and working places, and (b) when the belt haul- belt haulage as required by 30 CFR JAMES R. RICHARDS, age entries are not necessary to ventilate the Director, active working-places, the operator of such 75.1707. Currently tha trolley haulage Office of Hearings and Appeals, mine shall limit the velocity of the air entry must be separated from the belt coursed through the belt haulage entries to haulage entry because of 30 CFR 75.326. NOVESER 22, 1976. the amount necessary to provide an ade- Petitioner alleges that experience at [IFR Doc.76-35403 Filed 12-1-768:45 aml quate supply of oxygen in such entries, and other mines in the area has Indicated to insure that te air therein shall contain that limitations of velocity on the belt less than 1.0 volume per centum of methane. .entry creates risks of pockets of methane [Docket No. ~f76X7061 The substance of Petitioner's state- in dead air spaces in the area of belt JONES AND LAUGHLIN STEEL CORP. ment is as follows: . entries. 1. Petitioner is the successor as of Jan- 8. Because of the foregoing, the Peti- Petition for Modification of Application of uary 26, 1976, to the Coal, Iron and tioner has determined that application Mandatory Safety-Standard Chemical Division of the United States of the above-quoted mandatory safety' Notice is hereby given that in accord- Pipe and Foundry Company. standard- at the Petitioner's mine has re- ance with the provisions of section 301 2. The No. 4 Mine was bpened July sulted in a diminution of safety to the (c) of the Federal Coal Mine Health and 1976, by sinking three concrete-lined miners in the mine. Petitioner proposes Safety Act of 1969, 30 U.S.C. 861(c) shafts approximately 2,000 feet, deep to an alternative method which will better (1970), Jones and Laughlin Steel Corp., the Blue Creek Coal Seam. The coal seam achieve the purposes sought to be'gained has filed a petition to modify the appli- averages 50 inches in thickness and the by such standard, which alternative cation of 30 CFR 75.305 to its Vegta No. cover ranges from 1,800 to 2,300 feet. method will at all times guarantee no 5 MIne, located In Washington County, less than the same measure'of protection, 3. The Petitioner's mining projections Pennsylvania. that would be afforded the miners by the 30 CFR 75.3'05 provides: include four three-entry mains, devel- application of such standards. Such oped on 150-foot centers due to the alternative method is as follows: In addition to the preshift and daily ex- extreme depth and limitations of the aminations required by this Subpart D, ex- pillar sizes. Longwall panels will be de- (a) Petitioner will in lieu of 30 CFR aminations for hazardous conditions, Includ- veloped on a three-entry system also 75.326 utilize its belt entries as intake ing tests for methane, and for compliance air entries. Such intake air entries will with the mandatory health or safety stand- with the same center distances as mains. be in addition to the regular intake air ards, shall be made at least once each week This number'of entries and mains can- entries. by a certified person designated by the opera- not be increased due to the -mine design, (b) The belt haulage entries used as tor in the return of each split of air wrhere It limitations and Inherent, roof stability intake air entries will be isolated from enters the main return, on pillar falls, at problems which would create greater' other intake air entries and return seals, In the main return, at least one entry hazards for the miners. of each Intake and return aircourse in Ira4 entries by the erection of permanent entirety, idle workings, and, Insofaras safety 4. The Blue Creek Coal Seam contains stoppings. This practice will maintain an considerations permit, abandoned areas. Surh large quantities of methane. The porosity escapeway ventilated with intake air'and weekly examinations need not be mad dur- of the seam is quite high and the separated from the belt entries and lug aniy, week in which the mine is idle for permeability of the seam is low. U.S. trolley haulage entries pursuant to pro- the entire week, except that such examina- Bureau of Mine officials have estimated visions of 30 CFR'75.1707. tion shall be made before any other miner the gas entrapment to exceed 450 cubic (c) Petitioner will continue to use ap- returns to the mine. The person making such feet of methane per ton of coal. This examinations and tests shall place his initials proved flame-resistant belts in its belt and the date and time at the places e"- condition requires large volumes of air to haulage entries, provide each belt drive amined, and if any hazardous condition is dilute and remove these large quantities with an automatic deluge system and fire found, such condition shall be reported to of methane from the working faces and sensor devices at 125-foot intervals along the operator promptly. Any hazardous con- the mii)e after mining. The high rate of these -belt haulage entries, provide high dition shall be corrected immediately, If such methane liberation dictates that the Pe- pressure water lines along these belt condition creates an imminent danger, the titioner have, at certain times, as much operator shall withdraw all persons from the haulage entries and outlets at 300-foot area, except those persons referred to in sec- as 20,000 cubic feet of air per minute to intervals along these lines and provide tion 104(d) of the Act, until such danger dilute and render harmless the gas, fire hoses, nozzles and other fittings at is abated. A record of these examinationm, whereas the Act only requires 3,000 cubic strategic locations. Petitioner will also te"ts, and actions talken shall be recorded In feet of air per minute. provide other safeguards whe4 necessary ink or indelible pencil in a 'book approved 5. The No.4 Mine is In the shaft con-- to control dust and prevent mine fires. by the Secretary kept for such purpose in an nection stage and therefore has exposed (d) Petitioner will install on all belt area on the surface of the mine chosen by little area for methane liberation. the mine operator to minimize the danger of entries used for intake air a type of car- destruction by fire or other hazard, and th Methane liberation may be as high as bon monoxide detection system that Is record shall be open for inspection by inter- 6,000,000-9,000,000 cubic feet of methane utilized by others in the mining industry ested persons. in a 24-hour period when full production under the supervision of MESA. is achieved. The substance of Petitioner's state- 9. The alternative method set forth ment Is as follows: 6. Because of the quantity of air needed hereinabove will provide no less than the to ventilate each working place, ex- 1. The mandatory safety standard of same measure of protection to the miners which Petitioner seeks a modification is tremely large quantities of air are needed at Petitioner's Blue Creek No. 4 Mine to operate each section. The Peti- 30 CFR 75.305 as applied to the return than that sought to be afforded by 30 air entries of the mine between Xefover tioner will seek to obtain an exception to CF1v 75.326. § 75.327-1 which limits the velocity of air Shaft and 43 Face-41 Face of the mine, on trolley haulage entries to no greater REQuzsT FOR HEARING OR COMMLIENTS 2. Petitioner feels that weekly exami- than 250 feet per minute. However, due Persons interested in this petition may nation of the return air entries, required to the large number of future sections request a hearing on the petition or fur- by 30 CFR 75.305, constitutes a signifi- and track branches, the intake capacity nish comments'on or before January 3, cant hazard to the safety and lives of of the track entries- for section use is 1977. Such requests or comments must miners. severely limited, leaving only one entry be filed with the Office of Hearings and 3. The subject return entries were de- for Intake air. Appeals, Hearings Division, U.S. Depart- veloped approximately 25 years ago. Over 7. The entries used for return, intake ment of the Interior, 4015 Wilson Boule- the years, timbers have deteriorated and and belt haulage are separated by per- vard, Arlington, Virginia 22203. Copies considerable spoiling has occurred

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52915

2. The mine has a set of rail cars de- and tamping cars, the only coupling around roof bolts and steel posts origi- the end nally placed during the mining cycle. signed specifically for the purpose of 30 which takes place is between CF2R 75.1305 consisting of a powder car, cars of the unit and the locomotives, in Today there are numerous roof falls and and adapter considerable wall spoiing. The return air a detonator car and a tamping material which case the pin and link entries are located in non-coal producing car. These cars are equipped with pin coupling equipment provides sufficient areas of the mine. and link couplers and are connected to latitude that it is not necessary for the 4. The area of the mine subject to this locomotives with pin and link-automatic car or locomotive to be moved to accom- Petition is adjacent to the area con- bumper coupler adapters. This set of rail plsh coupling and, therefore, there is cars is operated as a unit, stored and no risk incurred by an employee stepping sidered in Jones & Laughlin Steel Como- to ration, Vesta-Shannopin Coal Division v. loaded in a surface supply yard; after between the car and the locomotive loading, two locomotives are connected to effect the coupling. The same Is true in Z;Iznzng Enforcement and Safety Admfn- the istration, Petition for Modification, this unit of rail cars, one at each end; the the caSe of the coupling between unit of cars is then pulled into the mine, supply car and the locomotive. In the Docket No. M 75-7. car- 5. Petitioner proposes to install air stopped at the several locations where cae of coupling between supply monitoring stations for the purpose of the powder, detonafors and tamping dravw bar-supply car, the cars are inten- determining air flow and content of materials are to be unloaded and then tionally maintained at sufficient distance pulled out of the mine to be returned to permit the Introduction of the draw -methane in the return air entries, as a i3 means of guaranteeing that no less pro- to the supply yard for storage. Only at bar between them and, thus, there tection is afforded to miners in the mine this point are locomotives uncoupled. little if any danger of an employee being- The cars are never uncoupled or recou- trapped between these cars. than would be the case if the examina the tions required under 30 CFR 715.305 were pled in the mine. 7. It is Petitioners position that 3. The second set of mine rail cars specific equipment referred to in this Pe- conducted. that 6. Petitioner is prepared to comply with consists of six supply cars, each mounted tition and the method of operating the conditions set forth in the decision in with a center swivel rack in the midpoint equipment affords miners no-lezs a the referenced Docket Md 75-7. of the car. Three of the cars are 61t, feet measure of protection than the use of in length, the remaining three are 13 automatic couplers in normal rail car RQUESTF OR HEARING OR COsnxNTS feet in length. These cars are used to operations and, therefore, this petition Persons interested in this petition may transport materials such as track rail for modification of mandatory sfety request a hearing on the petition or fur- up to 39 feet in length, pipe up to 20 feet standard 30 CFR 751A405 should be nish comnents on or before January 3, in length, tampers up to 18 feet in length. granted. 1977. Such requests or comments must be steel beams up to 20 feet in, length and REQursu ron Hrsrx-.G on Co=susrs material too long to be fled 'with the Office of. Hearings and other similar petition may Appeals, Hearings Division, U.S. Depart- mounted on single cars for safe opera- Persons interested in this ment of the Interior, 4015 Wilson Boule- tion on mine track. In order to obtain request a hearing on the petition orfur- vard, Arlington Virginia 22203. Copies sufficient length between the swivel nish comments on or before January 3, racks for safe transportation 1977. Such requests or comments must be of the petition are available for inspec- mounted and Ap- tion at that address. upon mine track, extension draw bars are flied with the Offiee of Hearings used to separate the rail cars. Bars of 5- peals, Hearings Division, US. Depart- JsAMs R. i mcnZS, 15-foot length are used. The ment of the Interior, 4015 Wilson Boule- of root and Director, Offlce swivel rack mounted rail cars are vard, Arlington, Virginia 22203. Copies Hearings and Appeals. equipped with pin and link couplers. of the petition are available for hispec- NOVE=ER 22, 1976. Draw bars cannot be used with auto- tion at that address. R Doc.76-35401 led 12-1-76;8:45 am] matie couplers. The supply rail Cars are Jsisrs R. BRcEE=ws, [ loaded in a surface supply yard. pulled Director, into the mine by locomotives connected Office of Hearingsand AppeaL. fDocket No. M 76X7071 pin and link-automatic coupler with NovraxmEn 22, 1976. JONES AND LAUGHLIN STEEL CORP. adapters and are parked in the mine in areas adjacent to where the supplies will IPR Dac,76-35405 Fled 12-1-76;8:45 aml Petition for Modification of Application of be used. Frequently the locomotives are Mandatory Safety Standard uncoupled from the cars at theze Parking IDzclet ITO. U 7011 Notice is hereby- given that in accord- locations where the cars will remain un- ance with the provisions of section 301 til the supplies have been used or un- MID-CONTINENT COAL AND COKE CO. (e) of the Federal Coal Mine Health and loaded. Under any circumstances these Petition for Modification of Application of Safety Act of 1969, 30 U.S.C. 861(c) cars are not subjected to coupling and Safety Standard uncoupling on a routine day-to-day Mandatory (1970), J6nes and Laughlin Steel Cor- given that in accord- poration has filed a petition to modify basis. Notice Is hereby 4. In view of the foregoing, It is the ance with the provisions of section 301 the application of 30 CFR '5.1405 to Its Health end Mine, located in Greene position of Petitioner that the two dif- (c) of the Federal Coa3l Mine Shannopin ferent sets of rail cars described above Safety Act of 1969, 30 U.S.C. 861(c0 County, Pennsylvania. Ceke 30 CFR45.1405 provides: are not cars which are regularly coupled (1970), Mid-Continent Coal and and uncoupled and, therefore, Petitioner Company has filed a petition to modify All haulage eqipment acquired by an op- seeks a determination that these sets of the application of 30 CFR 7.215(h) to erator of a coal mine on or after March 30, rail cars are not subject to the standard its Dutch Creek No.1, Dutch Creek Xo. 2. 1971, shall be equipped with automatic cou- Bear Creek No. 4 plers which couple by impact and uncouple of 30 CFIV15.1405. L. S. Wood No. 3, and without the necessity of persons. going be- 5. The mandatory safety standard of Mines, all located in PitkLn County, tween the ends of such equipment. All haul- which Petitioner seeks a modification, if Colorado, age equipment without automatic couplers the determination requested in Para- 30 CFR 7.215(hi provides: in use in a mine on March 30, 1970, shall graph 4 above is denied, is 30 CFR '5.- (h) After October 31. 1975, nus- ra.'ue also be so equipped within four years after 1405 as it Is applied to the two sets of March 30, 1970. pile, and additionz to exlst ng refus- plc3:. rail cars. rball be conatructed in compacted Layers not The substance of Petitioner's state- 6. Petitioner believes that under the feet In thiclmez5 and sbll not practice and the ozcccdlng 2 ment is as follows: specialized operational havo any slope mecedIng 2 hoi-zontzl to I 1. In the operaiton of the mine, two limited use made of the two sets of rail sets of mine raf cars axe used for spe- cars at the mine, that the abzenco of vertical (approzimately 27') except; that+the sets of mine automatic coupling devices does not con- DLtrlat Manager m=y approve cons-truc+on cific unique -purposes. These layers exce-d- rail cars are used in mine operations stitute an additional hazard to employ- of a refuzo pile In compacted for limited purposes and restricted ees in the mine. Specifically It Is pointed In; 2 feet In thIciLmez and with elopes ex- conditions. out that in the case of powder, detonator ceedlng 27' whcre enuineering data su btan-

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, OECEISER 2, 1976 NOTICES tiates that a minimum safety factor of-l.5 mine working areas frequented by twden Pitkin and Gunnison Counties, for the refuse pile will be attained. miners. State of Colorado. The substance of Petitioner's state- (b) No access (except on foot for sub- 2. The refuse pile is a non-impounding ment is as follows: stantiMi distances) is available to the facility resulting from the discharge of 1. These mines are situated at mean areas of refuse discharge other than at trommel screen reject material. A nar- sea level elevations of approximately the very top or crest of the discharge rative report describing this facility is 10,000 ft, on the downslope of the easterly slopes. attached to this petition which report slope of Huntsman Ridge, a natural 1(c) Access to the overall area of ,the has been previously furnished to MESA.' geologic formation which forms the west- mine operations and particularly the 3. Since the preparation of the at- erly boundary of the Coal Creek drain- areas of refuse discharge is controlled tached report, several significant modi- age and, in part, the political boundary by Mid-Continent. fications have been made and practices between Pitkin and Gunnison Counties, (d) The refuse discharges are in the initiated with respect to this refuse pile: 'State of Colorado. very headwaters of part of the Coal creek (a) The unnamed tributary to Coal 2. Each of the refuse piles is a "Non- drainage and are so situated as to avoid Creek previously was proximate to the Impounding, Type IV, Ridge Dump" fa- significant encroachment upon natural refuse pile has been relocated away from cility resulting from the discharge of streams or regular tributaries to streams; the refuse pile by the construction of a trommel screen reject material. Narra- the coarse-ajature of the refuse material, dike, upstream from the refuse pile, tive reports describing each of the facil- the surrounding topography, and the hy- which diverts the tributary into an exist- ities, respectively, are attached to this draulic gradient preclude the retention ing, old channel of the tributary. petition, which reports have been pre- and impoundment of water resulting (b) The conformation of the refuse viously furnished to MESA. from snowmelt or run-off. pile has been remade with heavy equip- 3. The reject material discharges are REQUEST FOR HEARING OR COMMENTS ment, and the too of the slope of the dovmslope from the actual mine site refuse pile has been armoured or rip- working areas and upon the natural ter- Persons interested in this petition may rapped with boulders to add to its rain slope which exceeds the ratio of 2- request a hearing on the petition or fur- stability. feet horizontal to 1-foot vertical (2:1, or nish comments on or before January 3, (c) Wood, papers, oil cans and trali approximately 270 of slope). The natural 1977. Such requests or comments must be are being removed from the refuse pile terrain slopes (and the consequent re- filed with the Office of Hearings and Ap- as practicable. pose of the refuse discharges) are quite peals, Hearings Division, U.S. Depart- 4. Because of winter snow condition% severe and approach a ratio of 2-feet ment of the Interior, 4015 Wilson Boule- compaction of the refuse pile is not prac- horizontal to 1.5-fqet vertical (2:1.5, or vard, Arlington, Virginia 22203. Copies ticable; attempts at compaction during approximately 400 of slope, more or less). of the petition are available for inspec- winter months would result in snow being 4. Because of the steep terrain and tion at that address. introduced into the refuse pile and would severe winter snow conditions which JAMES R. RICHARDS, jeopardize the otherwise inherent stabil- exist approximately 6 months of, the Director, ity of the pile. year, actual mine site working areas are Office of Hearings and Appeals. 5. Because of the location of the refue limited and make conventional refuse pile in the bottom of a canyon, natural pilings at the immediate mine site work- NOVEMBER 22, 1976. snow accumulations are added to by wind ing areas impractical. Even if conven- [FR Doc.76-35406 Fled 12-1-76;8:45 am] drifts scoured from nearby slopes and tional refuse piles at the mine site work- deposited on the refuse pile; the resulting areas, or as they might be expanded, ing snow accumulations are substantial could be accommodated, it is believed ,[Docket No. M 76X708] as the winter months progress. that these would be more hazardous to MID-CONTINENT COAL AND COKE CO. 6. A safer practice would be to permit miners than the present refuse piles, be- uncompacted accumulations during the Petition for Modification of Application of winter months, and in the spring after cause: Mandatory Safety Standard (a) Expanded sites would increase the the winter snows have abated, to exam- danger from avalanche during winter Notice is hereby given that in accord- ine the pile and then to reconform the months to miners in the proximity of ance with the provisions of section 301 refuse pile in accordance with proper the refuse pile; (c) of the Federal Coal Mine Health and safety standards. Because of the size of Safety Act of 1969, 30 U.S.C. 861(c) the reject material which goes into the (b) Transport of the reject material (1970), Mid-Continent Coal and Coke refuse pile, and because of Its coarse would entail the handling and movement Company has filed a petition to modify nature, the discharge of runoff from of reject material down existing haul- the application of 30 CFR 77.215(h) to snow-melt can be accomplished without roads; this would result in a substantial its Coal Basin No. 5 Mine, located in dangerous accumulations in the uncom- increase in the volume of heavy truck Pitkin County, Colorado. pacted material. traffic on high mountain roads and would 30 CFR 77.215(h) increase accident probability, particu- provides: REQUEST FOR HEARING OR COMMENTS larly during winter months when snow (h) After October 31, 1975 new refuse piles Persons interested in this petition may and icy road conditions are presen, and and additions to existing refuse piles, shall be constructed in compacted layers not ex- request a hearing on the petition or fur- (c) The severe restrictions imposed by ceeding 2 feet In thickness and shall not nish comments on or before January 3, terrain and boundaries of land owner- have any'slope exceeding 2 horizontal to 1 1977. Such requests or comments must ship do not liermit the establishment of vertical (approxim.tely 27°) except that the be filed with the Office of Hearings and a downhill, central refuse pile except at District Manager may approve construction Appeals, Hearings Division, U.S. Depart- locations which would tend to be im- of a refuse pile in compacted layers exceed- ment of the Interior, 4015 Wilson Boule- ing2 feet in thickness and with slopes ex- pounding ° and potentially more danger- ceeding 27 where engineering data substan- vard, Arlington, Virginia 22203. Copies ous than the present refuse piles. tiates that a minimum safety factor of 1.5 of the petition are available for inspec- 5. The present refuse piles, because of 'for the refuse pile will be attained. tion at that address. terrain considerations and climatic con- ( RICOUARDd, ditions, present less of a hazard than The substance of Petitioner's state- JAMES R. ment is as follows: Director, those of the type and conformation con- Office of Hearings and Appeals. templated by the regulation because: 1. This mine is situated at a mean sea ,(a) The present refuse discharges are level elevation of approximately 9,500 NOVEMBER 22, 1976. feet, near the toe of the easterly slope of downslope and away from the actual [FR Doc.76-35407 Filed 12-1-708:45 am] Huntsman Ridge, a natural geologic formation which forms the westerly I The enclosed reports are available for In- T'he enclosed narrative report Is available spection at the address listed in the lest boundary of the Coal Creek drainage, for inspection at the address listed' in the paragraph of this notice. and, in part, the political, boundary be- last paragraph of this notice.

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES Z2f 17

[Docket No. 11 76X705] February 1959. Neither mine is inter- Plateau's policy that cars are never PERMAC, INC. connected with another mine or mines. dropped singly but always in pairs, and Pillars have been partially removed from the brakes are tested as quickly as pos- Petition for Modification of Application of the Hess &Hale Coal Co. Mine No. 5, but Mandatory Safety Standard sible after the cars are rolling, we have that is not expected to create an adverse limited the number of runaways to a very Notice Is hereby given that in accord- drainage situation. Mine maps of the arm few. ance with the provisions of section 301 (c) are available and can be furnished upon 4. The safety belt adds a danger to the of the Federal Coal Mine Health and request. car dropper, slowing down his reaction Safety Act of 1969, 30 U.S.C. 861(c) 4. Enclosed is a cros-sectional dia. 2 time to a brake failure. He camot get (1970), Permac, Inc.,has filed a petition gram of a typical sealed mine opening. off the lead car as quickly to catch and to modify the application of 30 CFR 5. Petitioner submits that the waiver apply the brakes of the second car. The 77.214(a) to its Permac, Inc., Preparation of the foregoing provision of the regula- belt also adds a danger In that it tends to Plant No. 1, located in Buchanan County, tions, if applied to the Petitioner's plant, "Virginia. will not create any lesser degree of safety become entangled with the car ladders, than is now maintained and Its imple- posing the hazard of literally hanging the 30 CFR 77.214(a) provides: dropper from the side of the car. Time is Refuse piles constructed on or after July 1, mentation would result in severe economic hardship to the Petitoner. the factor in whether the dropper can 1971 shall be located in areas which are a get off the car while It is still moving safe distance from all underground ifilne air- REQUEST FOR H J=4; On CO131uTS shafts, preparation plants, tipples, or other slowly enough. At a 4-percent grade a surface installations and such piles shall Persons interested in this petition may car will build up In a matter of seconds not be located over abandoned openings or request a hearing on the petition or fur- to a speed that will prevent a man from stesamlines. nish comments on or before January 3. getting off. If a man ,ere to ride a run- The substance of Petitioner's state- 1977. Such requests or comments must away car to the tipple or to impact with ment Is as follows: be filed with the Office of Hearines and the loaded cars, It would certainly kill or 1. Petitioner proposes to seal the Hess Appeals, Hearings Division, U.S. Depart- severely injure him. & Hale Coal Company Mine No. 5, which ment of the Interior, 4015 Wilson 5. At the speeds of a 4-percent grade has three openings, and the H. &B. Coal Boulevard, Arlington, Virginia 22203. and a run of 1,200 to 1,400 feet, rail cars Company Mine No. 6, which has two Copies of the petition are available for are destroyed or jump off the track. The openings, for use as a refuse disposal area Inspection at that address. least that happens is an impact so severe for its Preparation-Plant No. 1. Permac, JaUEs R. Prcumns, that the coal heaped above the car sides Inc., has surveyed other optional sites Director, is completely unloaded onto the other within a reasonable haulage distance of Office of Hearingsand Appeals. cars, down to or below the sides of the its preparation plant and believes this cars. NovEr=E 22, 1976. -site to be the best location from both an (I. The new 100-ton rail cars present a environmental and safety standpoint. - [FR DoC,76-,5408 FIled 12-1-768745 aml new danger to the car dropper if he must 2. In sealing these mine openings, wear a safety belt. The brake position is Petitioner proposes to remove from the [Docket No. M.70X7001 built In such a manner that the car drop- mine openings any mud, debris, etc., that per cannot see the track from the deck. might obstruct flow from the mine. A 6- PLATEAU MINING CO. If he must strap himself to the car he inch steel pipe (0.1-inch thickness) will Petition for Modification of Application of cannot see any object that may be in the be placed in the mine opening and in Mandatory Safety Standard such a manner as to keep the pipe from way. clogging with any debris which may flow Notice is hereby given that in accord- 7. The danger of a man falling from out of the mine interior. The pipe will ance with the provisions of section 301 the car is very slight. The brahe position extend approximately 10 feet into the (C) of the Federal Coal MTine Health and is provided with a large deck and there mine. Stone will then be placed in the Safety Act of 1969, 30 U.S.C. 801(c) are enough well-spaced hand holds to mine opening. This stone will be of 4 by (1970), Plateau Mining Company has enable the dropper to ride the car in a 12-inch material with a fines content, filed a petition to modify the application comfortable position. The ladders are upon visual inspection, of less than 15 of 30 CFR, 77.1607(x) to Its Star Point well built and placed so that the dropper percent. The stone will be placed into No. 1 ine, located in Carbon County, can easily move up and down without the mine opening to an approximate Utah. any awkward positions. -depth of 5 feet into the mine interior and 30 CFR 77.1607cx) provides: 8. By dropping the cars in pairs, not compacted as much as possible. This Per6sons shallcars. w ear Eafety belis v'hlle drop. allowing an inexperienced man to drop stone will also act as support for the ping railroad a car without an experienced man on mine opening and protection for the the second car and always testing the drainage pipe. The opening will then be The substance of Petitioner's statement is as follows: brakes as soon as possible after the car covered with a 2-foot thickness of im- 1. It is'the position of Plateau inina Is moving, serious injuries iesulting from pervious and noncombustible material, a brake failure can be elfminated. such as clay, to a height of 3 feet over Company and of the employees whose the roof of the opening. The 6-inch pipe duty it is to handle the cars that the REQUEST ron HERING oR CoMM.T-s will extend -approximately 30 safety belts are much more of a hazard feet from than they are a protective device. Persons interested in this petition may the mine opening where it will then drain requests a hearing on the into and through the filter blanket sys- 2. The car-handling facilities of Pla- petition or fur- tem of the refuse pile. All pipe connec- teau Mining Company are on a 4-percent nish comments on or before January 3, tions ox bends will be either of water- grade. The length of run from the empty 1977. Such requests or comments must tight weld connections or mechanical storage yard to the tipple is some 1,200 be filed with the Office of Hearings and gasket-type joints. The pipe will be feet The run of a loaded car is around Appeals, Hearings Division, U.S. Depart- sloped from the mine'openings so as to 1,400 feet. This places a car handier in ment of the Interior, 4015 Wilson Boule- allow it to drain freely. a dangerous position when dropping cars If he has a brake failure. vard, Arlington, Virginia 22203. Copies of 3. The two mines are located in the the petition are available for inspection Red Ash seam and have been driven or 3. Since the majority of the ranil cars advanced against the natural grade or that we must load are old, and the rail- at that address. dip of the coal seam; thus drainage from roads must use what cars are available, JAmtm R. RxcmAlus, within the mine is outward toward the we have had many brake failure. As it is Director,Office of mine openings. The Hess & Hale Coal Hearingsand Appeals. Co. Mine No. 5 has been inactive since 'The enclosed diagram is available for In- February 1969, and the H. & R. Coal Co. spection at tho addres listed In the last NovmnEn 22,1976. .A:ine No. 6 has been inactive since paragraph of this notice. IFRDoc.76-35409 Filed 12-1-76;8:45 am]

FEDERAL REGISTER, VOL 41, NO. 233---HUSDAY, DECEMBER 2, 1976 52918 NOTICES

[Docket No. M 76X6971 measure of protection aff6rded the min- face equipment, including shuttle cars, which ers at the affected mine by the manda- is employed in the active workings of each SCOTTS BRANCH CO. for -the following reasons: underground coal mine on and after Janu- torw standard with the for Modificalion of Application of ary 1, 1973, shall, in accordanco Petition (a) The Velocity of the ventilation air schedule of time specified in subpara-graphls Mandatory Safety Standard current at the working faces can and will (1), (2). (3), (4), (5), and (6) of thb para- Notcie is hereby given that in accord- be maintained at a consistently higher graph (a), be equipped with substantially ance with the provisions of section 301(c) level than would be provided by strict constructed canopies or cabs, located and n- of the Federal Coal Mine Health and compliance with the mandatory stand- stalled in such a maner that when the ows ard. ' orator is at the operating controls of such Safety Act of 1969, 30 U.S.C. 861(c) (b) The plan will provide a larger equipment he shall be protected from fIallo (1970), Scotts Branch Company has working area for personnel, suppliez and of roof, face, or rib, or from rib and face roll filed a petition to modify the application haulage equipment at the bottom of the The requirements of this padna-raph (a) of 30 CFR 75.326 to its Scotts Branch slope than would be available at the bot- shall be met as follovw*: Mine, located in Pike County, Kentucky. tom of the shaft. (1) On and after January 1, 1974, in coad 30 CFR 75.326 provides In pertinent mines having mining heights of 72 Inee or (c) Transporting personnel, supplies more; part: and equipment on the slope will be less (2) On and after July 1. 1974, in co.l minea In any coal mine opened after Mlarch 30, hazardous than installing a temporary having mining heights of 60 inches or more, 1970, the entries used as intake and return means of hoisting at the shaft. but less than 72 Inches; air courses shall be separated from belt (d) Under the proposed alternate (3) On and after January 1, 1975, in coal haulage entries, and each operator of such method, means of eOcape for personnel mines having mining heights of 48 inches or mine shall limit the, velocity of the air in emergencies will be provided that will more, but less than 60 inches, coursed through belt haulage entries to the not only be safer and faster than that (4) On and after July 1, 1075, in coal minc amount necessary to provide an adequate having mining heights of 30 inches or more, provided only by the shaft, but, in addi- but less than 48 inches; supply of oxygen in such entries, and to in- tion, two separate means of escape will sure that the air therein shall contain less (5) (i) on and after January 1, 107, in than 1.0 volume per centum oi, methane, and thereby be available. coal mines having mining heights of 30 of the coal will be ex- 30 inches. such air shall not be used to ventilate active (e) Extraction inches or more, but less than (ii) On and after July 1, 1077, in coal minez, working places. P * * pedited and, therefore, the period before the entries are connected underground having mining heights of 24 Inches or more. The substance of Petitioner's state- (and conventional ventilation is but less than 30 Inches, and ment is as follows: 1. The coalbed of the achieved) will be reduced. (6) On and after July I, 1978, In coal mcic. Scotts Branch Mine lies below drainage, having mining heights of less than 24 Inches "i.e.," below the water table, and the op- REQUEST rOR HEARING oL COMrnFrrS The substance of Petitioner's state- erator is in the process of gaining access Persons interested in this petition may ment is as follows: to said coalbed (the Pond Creek of Lower request a hearing on the petition or fur- 1. Petitioner feels that Installing can- Elkhorn Seam) by the shaft and slope nish comments on or before January 3, opies on the haulage equipment in this method. 1977. Such requests or comments must mine would create a hazard to the equip- 2. In lieu of the mandatory standard, be filed with the Office of Hearings and ment operators. the operator proposes to provide ventila- Appeals, Hearings Division, U.S. Depart- 2. Petitioner's haulage equipment con- tion on a temporary basis and only in the ment of the Interior, 4015 Wilson Boule- sists of one S&S battery motor which is initial phase of gaining access to the vard, Arlington, Virginia 22203. Copies 28 inches in height, and one Kersey bat- coalbed by separating intake and return of the petition are available for inspec- tery motor which Is also 28 Inches In air courses in the belt haulage entry tion at that address. height. (slope). The proposed method, involving, JA Es R. RicnAPms, 3. The No. IA Mine Is In the No. 4 seamn two phases or steps, is set forth on white Director,Office of which ranges from 30 to 34 inchle In print sketches attached hereto and made Hearings and Appeals. height. Petitioner Is constantly running a part hereof as Exhibits A, B and C into ascending and descending grade3 in showing, respectively, the "Initial" (pres- NOVEIMBER 22, 1976. this seam, resulting In dips in the coal- ent) stage and "Step 1" and "Step 2" of [FR Doc.76-35410 Filed 12-1-76;8:45 am] bed. Installation of canople3 on the the-Development and Ventilation Plan. equipment limits the vision of the oper- A white print sketch of the Portal Eleva- ators of the equipment, creating a haz- tion .of the Ventilation Plan is also at- [Docket No. M 76-581] ard to them as well as to the other em- tached to and made a part of this peti- SMITH COAL CO. ployees in the mine. 1 4. Petitioner feels that since the equip- tion as Exhibit D. for Modification of Application of 3. In connection with the alternate Petition ment operators' vision is limited and method, the operator will: Mandatory Safety Standard since their position In the decks .is (a) Continuously monitor the methane Notice is hereby given that in accord- cramped with the canopies Installed, that content of the air and will Immediately ance with the provisions of section 301(c) canopy Installation could be a contribut- shut off all underground power circuits of the Federal Coal Mine Health and ing factor in any accidents that may when methane content reaches 0.75 Safety Act of 1969, .30 U.S.C. 861(c) arise. percent; (1970), Smith Coal Company has filed a REQUEST FOR HEARNG on CoMrMITs (b) Maintain a twice-per-shift inspec- .petition to modify the allplication of 30 tion of the belt by certified personnel; CFR 75.1710 to its No. 1A Mine, located Persons interested in this petition may and in Letcher County, Kentucky. request a hearing on the petition or fur- (c) Provide for distribution of rock 30 CFR 75.1710 provides: nish comments on or before January 3, dusteso that the incombustible content of 1977. Such requests or comments must bo representative of the Sec- the combined coal dust, rock dust and An authorized filed with the Office of Hearings and Ap- retary may require in any coal mine where peals, Hearings Division, U.S. Depart- other dust In the return air course shall the height of the coMbed permits that elec- be no less than 80 percent and, in case of tric face equipment, including shuttle cars, ment of the Interior, 4015 Wilson Boule- the presence of methane, such minimum be provided with substantially constructed vard, Arlington, Virginia 22203. Copies per centum shall be increased at the rate canopies, or cabs, to protect the miners oper- of the petition are available for Inspec- of 0.4 percent for each 0.1 percent of ating such equipment from roof falls and tion at that address. methane. from rib and face rolls. 4. The alternate method will at all JAMES R. RIcARDS, times guarantee no less than the same A time schedule by which all mines Director, must comply with § 75.1710 is specified Office of Hearings and Appeals. by 30 CFA 75.1710-1(a) which provides: ' The enclosed Exhibits nre available- for NOVEMBER 22, 1976. (a) Except as provided in paragraph (f) inspection at the address listed in the last [FR Doc.76-35411 Filed 12-1-768:45 am] paragraph of this notice. of this section, all self-propelled electric

FEDERAL REGISTER, .VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 197t NOTICES 52n919

S[Docket No. Md76-2291 stalled in such a manner as to prevent the aormua ncssszay to provide an adequate canopies from striking the roof and Gupply of oxygen in such entrie , and to In- TWIN RIDGE COAL CO. the aure that the air therein shall contain iess possibly destroying roof support. Instal- than 1.0 volume per centum of methane. Petition for Modification of Application of lation of'canoples on the equipment al- Mandatory Safety Standard lows only a 23-inch vertical operating The substance of Petitioner's state- Notice is hereby given that in accord- compartment which limits the vision of ment Is as follows: ance with the provisions of section 301 the operators of the equipment, creating 1. This mine, lie Its five predece,-rs. (c) of the Federal Coal Mine Health and a hazard to them as well as to the other Beatrice, Virgia Pocahontas No. 1, Vir- Safety Act of 1969, 30 U.S.C. 861(c) employees in the mine. gInia Pocahontas No. 2, Virginia Poc- (1970), Twin Ridge Coal Company has 4. Petitioner feels that since the equip- hontas No. 3 and Virginia Pocahontas filed a petition to modify the application ment operators' vision is limited and No. 4, in the Pocahontas No. 3 Seam in of 30 CR9 75.1710 to its No. 2A M1ine,. since their position in the decks is Buchanan County has bean desined on located in Pike County, Kentucky. cramped with the canopies installed, the basis of two active longw all sections 30 CRF 75.1710 provides: that canopy installation could be a con- and necessary supporting continuous An authorized representative of the Sec- tributing factor In any accidents that miner &ectionsfor development and coal retary may require in any coal mine where may arise. and rock transportation by a track haul- the height of the coalbed permits that age system. The mine development is electric face equipment, including shuttle REQU S FOR HAnri; on Cow;Ts currently proceeding toward connecting cars, be provided with substantially con- Persons interested in this petition may the entries between air, man and suppIy, structed canopies, or cabs. to protect the request a hearing on the petition or fur- and slip shafts. miners operating such equipment from roof nish comments on or blfore January 3, 2. Large quantities of metha=e gas in falls and from rib and face rolls. 1977. Such requests or comments must the coalbed and adjacent strata are fore- A time schedule by which all mines be filed with the Office of Hearings and seen for the proposed mine based on the must comply with § 75.1710 is specified Appeals, Hearings Division, U.S. Depart- experience of the other mines. Thus, by 30 CPR 75.1710-1(a) which provides: ment of the Interior, 4015 Wilson Boule- large volumes of air and supplementary (a) Except as provided In paragraph (f) of vard, Arlington, Virginia 22203. Copies vertical ventilation gob drainage holes this section, all self-propelled electric face of the petition are available for in'-pcc- will be required to dilute and carry away equipment, Including shuttle cars, which Is tion at that address. the large amounts of methane expected employed in the active workings of each to be liberated. underground coal mine on and ufter Janu- JASs I. RIcHArDs, 3. Inherent roof conditions and a ory 1, 1973, shall, in accordance with the Director, Ofilce of maximum overburden of 2,600 feet.places -schedule of time specified In subparagraphb Hearfigsand ApmealT. strict limitations on the number of aix- (1), (2). (3), (4), (5), and (6) of this para- ways or entries that can be safely driven, graph (a), be equipped with substantially NoVt, r.n 23, 1976. constructed canopies or cabs, located and [FR Doc.70-35412 Filed 12 2 -7,8,45 fsM| so that multipurpose use of all entries installed in such a manner that when the can be provided under the beat kown operator is at the operating controls of such and accepted design parameters. equipment he shall be protected from falls [Docket No. M 70X603l 4. Petitioners proposal Is that dou'7Ae of roof, face, or rib, or from rib and face rolls. VIRGINIA POCAHONTAS NO. 5 MINING split face ventilation with each operatb0- The requiremients of this paragraph (a) shall CO. (mini-n or roof bolting) will be con- be met as follows: ducted on a separate split of alr. This (1) On and after January 1, 1974-, in coal Petition for Modification of Application of system has been utlized successfullv mines having mining heights of 72 inches or Mandatory Safety Standard since the first mine In this area was more, Notice is hereby given that in accord- opened in 1964. The method and/or sys- (2) On and after July 1, 1974, in coal mines having mining heights of 60 Inches ance with the provisions of section 301 tem has had the approval of Federal and or more, but less than 72 inches; (c) of the Federal Coal Mine Health State Inspection agencies and mine em- (3) On and after January 1, 1975, in coal and Safety Act of 1969, 30 U.S.C. 861(c) ployees for the Beatrice, Virginia Poca- mines having mining heights of 48 inches or (1970), Virginia Pocahontas No. 5 Mining hontas No. 1, Virginia Pocahontas No. 2. more, but less than 60 inches; Company has filed a petition to modify and Virginia Pocahontas No. 3 Minez. (4) On and after July 1, 1975, In coal the application of 30 CPU 75.326 to its For the Virginia Pocahontas No. 4 LUne mines having mining heights of 36 inches or Virginia Pocahontas No. 5 Mine, located the came system of operation has been more, hut less than 48 inches; .in approved on the basis of (5) (i) On and after January 1, 1976, in Buchanan County, Virginia. a Joint Stipula- coal mines having mining heights of 30 inch- 30 CM 75.326 provides: tion contained in the Petition for modi- es or more, but less than s6 inches, En any coal mine opencd after Tarch 30, fication of Island Creek Coal Company, (i) On and after July 1, 1977, in coal 1970, the entries uzed a3 intake and return Docket No. M 73-15, whereby a carbon mines having mining heights of 24 inches air courses shall be ceparatcd from belt monoxide detection system was Installed or more, but less than 30 inches, imd haulage entries, and each operator of such by MESA for investigative and testing (6) On and after July 1, 1978, in coal mine shall limit the velocity of the air purposes on all section3 with UMUWA and mines having mining heights of less than 24 coursed through belt haulage entrle to the company cooperation and assistance. Inches. amount necessary to provide an adequate supply of oxygen In such entrize, and to in- 5. For this new Virginia Pocahontss The substance of Petitioner's state- sure that the air therein chall contain lez.a No. 5 Mine, Virginia Pocahontas No. 5 ment is as follows: 1. Petitioner feels' than 1.0 volume per centum of methane, Mining Company hereby submits a Peti- that Installing canopies on the haulage and such air shall not be uced to ventilate tion for Modification of the application equipment in this mine would create a active working placc. Whenever an author- of section 303(y) (1) of the Federal Coal hazard to the equipment operators. Ized representative of the a-crcary flnd , In MinE calth and Safety Act of 1969 and 2. Petitioner's haulage equipment con- the cao of any coal mine opened on or prior 30 CFR 75.326 to allow similar minig to March 30, 1970. which has been developed -Aists of one 14 Joy loading machine, one with more than two entries, that the con- operations consistent with those con- spinner loader, two Mescher tractors, dltlons In the entries, other than belt haul- ducted in the above-mentioned mines one Kersey tractor, and one Paul's Re- age entries, are such as to permit adequately together with the Installation of a Col- pair Shop roof bolting machine. the coursing of intake or return air through lns MOM-I01 communication and moni- 3. The No. 2A Mine is in the Lower such entries, (a) the belt haulage entric: torlng system. A complete plan and ex- Elkhorn seam which ranges from 33 to shall not be used to ventilate, unl=s such planation of the proposed system of op- 48 inches in height. Petitioner is con- entries are nccesary to ventilate, active eration Is enclosed." working places, and (b) when the belt haul- stantly running into ascending and de- age entries are not nccessary to ventilate the scending grades in this seam, resulting active working places, the operator of such ITho enclced plan Is available for ins-pec- in dips in the coalbed. As a result of mine shall limit the velocity of the air tIon at the addre= listed in the l=t parc- these dips, the canopies have to be in- coursed through the belt haulage entries to graph of thi. notice.

FEDERAL REGISTER, VOL. 41, NO. 233--TURSDAY, DECEMBER 2, 1976 52920 NOTICES REQUEST FOR HEARING oR CoDMIEsnvS (mining or roof bolting) will be con- or near such belt. The Secrotary shall pro- Persons Interested in this petition may -ducted on a separate split of air. This ocribo a schedule for installing firo sup- request a hearing on the petition or fur- system has been utilized successfully pression devices on belt haulageways. nish comments on or before January 3, since the first mine In this area was The substance of Petitioner's state- 1977. Such requests or comments must opened in 1964. The method and/or sys- ment Is as follows: be filed with the Office of Hearings and tem has had the approval of Federal and 1, This mine, like its five predecezsori, Appeals, Hearings Division, U.S. De- State inspection agencies and mine em- Beatrice, Virginia Pocahontas No. 1, VIr- partment of the Interior, 4015 Wilson ployees for the Beatrice, Virginia Poca- ginia Pocahontas No. 2, Virginia Poca- Boulevard, Arlington, Virginia 22203. hontas No. 1, Virginia Pocahontas No. 2, hontas No. 3 and Virginia Pocahontas Copies of the petition are available for and Virginia Pocahontas No. 3 Mines. No. 4, in the Pocahontas No. 3 seam In inspection at that address. For the Virginia Pocahontas No. 4 Mine Buchanan County has been designed on the same system of operation has been JAM.S R. Rzcum s, the basis of two active longwall sections approved on the basis of a Joint Stipula- and necessary supporting continuous Director, tion contained in the Petition for Modifi- Oflice of Hearingsand Appeals. miner sections for development and coal cation of Island Creek Coal Company, and rock transportation by a track laul- NOVEMBER 22, 1976. Docket No. M 73-15, whereby a carbon age system. The mine development Is monoxide detection system was installed IFR Doe.76-35413 Filed 12-1-76;8.45 am] currently proceeding toward connecting by MESA for investigative and testing the entries between air, man and supply purposes on all sections with UMWA and and skip shafts. [Docket No. h76X6901 company cooperation and assistance. 2. Large quantities of methane gas in VIRGINIA POCAHONTAS NO. 5 MINING 5. For this new Virginia Pocahontas the coalbed and adjacent strata are fore- CO. No. 5 Mine, Virginia Pocahontas No. 5 seen for the proposed mine based on the Petition for Mining Company hereby submits a Pe- experience of the other mines. Thus, Modification of Application of tition for Modification Mandatory Safety Standard of the applica- large volumes of air and supplementary tion of section 311(f) of the Federal Coal vertical ventilation gob drainage holes Notice is hereby given that in accord- Mine Health and Safety Act of 1969 and will be required to dilute and carry away ance with the provisions of section 301 30 CFR 75.1101 to allow similar mining the large amounts of methane expected (c) of the Federal Coal Mine Health operations consistent with those con- to be liberated. and Safety Act of 1969, 30 UV..O. 861 ducted in the above-mentioned mines 3. Inherent roof conditions and a (c) (1970), Virginia Pocahontas No. 5 together with the installation of a Col- maximum overburden of 2,600 feet places: Mining Company has filed a petition to lins MCM-1o1 communication and mon- strict limitations on the number of air- modify the application of 30 CFR 75.- itoring system. A complete plan and ex- ways or entries that can be safely driven 1101 to its Virginia Pocahontas No. 5 planation of the proposed system of opso that multipurpose use of all entrle. Mine, located in Buchanan County, Vir- eration's enclosed., can be provided under the best :nnw'n ginia. REQ EsT FOR HEARIG OR COMMENTS and accepted design parameters. 30 CFR 75.1101 provides: 4. Petitioner's proposal is that double Deluge-type water sprays or foam gener- Persons interested in this petition may split face ventilation with each opera- atom automatically actuated by rise in tem- request a hearing on the petition or fur- tion (mining or roof bolting) will be con- perature, or other no less effective means nish comments on or before January 3, ducted on a separate split of air. Th.I approved by the Secretary of controlling 1977. Such requests or comments must system has been utilized successfully fire, shall be installed at main and second- be filed with the Office of Hearings and since the first mine In this area 'va ary belt-conveyor drives. Appeals, Hearings Division, U.S. Depart- opened in 1964. The method and/or sys- The substance of Petitioner's statement of the Interior, 4015 WIson Boule- tem has had the approval of Federal and ment Is as follows: vard, Arlington, Virginia 22203. Copies of State inspection agencies and mine em- 1. This mine, like its five predeces- thp petition are available for Inspection ployees for the Beatrice, Virginia Poca- sors, Beatrice, Virginia Pocahontas No at that address. hontas No. 1, Virginia Pocahontpz No. 2 1, Virginia Pocahontas No. 2, Virginia and Virginia Pocahontas No, 3 Mines. JAsS R. ERciXMs, For the Virginia Pocahontas Pocahontas No. 3 and Virginia Pocahon- Director, No. 4 line tas No. 4, In the Pocahontas No. 3 Seam Office of Hearingsand Appears. the same system of operation has been in Buchanan County has been designed approved on the basis of a Joint Stipula- on the basis of two active longwall sec- Novnmkit 22, 1976. tion contained, in the Petition for Modi- tions and necessary supporting continu- [FR Doc.76-35414 Filed 12-1-76;8.45 am] fication of Islnd Creek Coal Company, ous miner sections for development and Docket No. M" 73-15, whereby a carbon coal and rock transportation by a track monoxide detection system was installed haulage system. The mine development [Docket No. U 76X6911 by ESA for investigative and testing Is currently proceeding toward connect- VIRGINIA POCAHONTAS NO. 5 MINING purposes on all sections with UMWA and ing the entries between air, man and CO. company cooperation and assistance. supply and skip shafts. 5. For this new Virginia Pocahontaq Petition for Modification of Application of No. 5 Mine, Virginia Pocahontas No. 5 2. Large quantities of methane gas in Mandatory Safety Standard the coalbed and adjacent strata, are fore- .Mining Company hereby submits a 1eti- seen for the proposed mine based on the Notice is hereby given that in accord- tion for Modification of the application experience of the other mines. Thus, ance with the provisions of section 301 of section (c) of the Federal Coal Mine Health and 311(g) of the Federal Coal large volumes of air and supplementary Mine Health and Safety vertical ventilation gob drainage holes Safety Act of 1969, 30 U.S.C. 861(c) Act of 1969 and will be required to dilute and carry away (1970), Virginia Pocahontas No. 5 Min- 30 CFR 75.1103 to allow similar mining the large amounts of methane expected ing Company has ffid a petition to mod- operations consistent with those con- to be liberated. ify the application of 30 CIFR 75.1103 ducted in the above-mentioned mines to- to its Virginia Pocahontas 3. Initerent roof conditions and a max- No. 5 Mine, gether with the installation of a Collins imum overburden of 2,600 feet places located in Buchanan County, Virginia. 30 CPR 75.1103 provides: MCM-101 comminication and monitor- strict limitations on the number of air- ing system. A complete plan and expla- ways or entries that can be safely driven On or before May 29, 1970. devices shall be so that multipurpose use of all entries Installed on all such belts which will give a nation of fhe proposed system of opera- can be provided under the best known warning automatically when a fire occurs on tion is enclosed. and accepted design parameters. The enclosed plan is available for xThe enclosed 4. Petitioner's proposal is that double Inspec- plan is available for Inspoc- tion at the address listed in the last para- tion at the address listod in the lst parr . split face ventation with each operation graph or this notice. graph of this notice. I

FEDERAL REGISTER, VOL: 41, NO. 233--THURSDAV, DECEMBER 2, 1976 NOTICES 5-921 RZqVuST FOI BHEAXiG OR COMrENTS REQUZST FOR HrIM G OR COMM national Trade Commission 701 E Street Persons interested in this petition may Persons Interested in this petition may NW, Washington, D.C. 20436. The re- request a hearing on the petition or fur- request a hearing on the petition or fur- quest must include a copy of the applica- nish comments on or before January 3, nish comments on or before January 3, ble statute or ordinance authorizing the -g77, Such requests or comments must be 1977. Such requests or comments must be taxation of compensation and should filed with the Office of Hearings and Ap- filed with the Offlce of Hearings and Ap- indicate whether the authority of the. peals, Hearings Division, U.S. Depart- peals, Hearings Division, U.S. Depart- jurisdiction to tax the employee is based ment of the Interior, 4015 Wilson Boule- ment of the Interior, 4015 Wilson Boule- on place of residence, place of employ- Tard, Arlington, Virginia 22203. Copies of vard, Arlington, Virginia 22203. Copies ment, or both. the petition are available for inspection of the petition are available for inspec- Pursuant to a withholding agreement at that address. tion at that address. between a city and the Department of the Treasury (5 UZ.C. 5520), copies of JA=is R. RIcUMis, J S R. RnArxs., executed city tax withholding certificates Director, Director, shall be furnished the city in response Office of Hearingsand Appeals. Offce of Hcaringsand Appcals. to a written request from an appropriate NoVrBER 22,_ 1976. NoVEMsR 22,1976. city official to the Chief of Financial [SRDoc.76"54li1Ied Alana-ement, United States Interna- 12-1-76;8:45 am] [FR Doc.G-3M1 rilied 12-01;8:45 ami tional Trade Commission, 701 E street NV., Washington, D.C. 20436. [Docket No. X 76-6931 INTERNATIONAL TRADE In the absence of a withholding agree- COMMISSION ment, the social security number will be WESTMORELAND COAL CO. furnished only to a taxing jurisdiction Petition for Modification PRIVACY ACT OF 1974 . Mandatory of Application of which has furnished this agency with Safety Standard Additional Routine Uses evidence of Its independent authority to Notice is hereby given that in accord- Notice Is hereby given that the United compel disclosure of the social security ance with the provisions of section 301 States International Trade Commission number, in accordance with Section 7 of (c) of the Federal Coal Mine Health and in accordance with 5 U.S.C. 552a(e) (11), the Privacy Act, Pub.L. 93-579. Safety Act of 1969, 30 U.S.C. 861(c) as added by section 3 of the Privacy Act The Commission further proposes to (1970), Westmoreland Coal Company of 1974 (Pub. L. 93-579), proposes to add the following appendix cf "routine has filed a petition to modify the appli- establish the following additional "rou- usc s for all the systems of records which cation of 30 CFR 75.305 to its East Gulf the system of records It It maintains on individuals: Mine, located in Raleigh County West tine uses" on In the event that a system Virginia. . maintains on Identifiable individual. of records The U.S.LT.C. published on Septem- maintained by this agency to carry out Section 75.305 provides, in pertinent ber 16, 1976, in the FZDEML RJZGIsvu (41 its functions indicates a violation or part: FR 40045-40047) notice of three systems potential violation of law, whether civil, In addition to the preshift and daily exam- of records which It maintains on criminal or regulatory in nature, and inations required by this Subpart D, exami- individuals: whether arising by general statute or nations for hazardous conditions, including L Employment and Financial Disclo- particular program statute, or by regula- tests for methane, and for compliance with tion, rule or order issued pursuant there- _the mandatory health or safety standards, sure Records; to, the relevant records in the system of shall be irade at least once each "week by a I. Budgetary and Payroll-related records may be referred, as a "routine certified persoin designated by the operator Records; and in * * * at least one entry of each 're- r. Time and Attendance Rccords. use," to the appropriate agency, whether - turn air course In its entirety * . Federal State, local or foreign, charged Notice of adoption of the proposed sys- with the responsibility of investigating or The substance of Petitioner's state- tems notices was published in the Fun- prosecuting such violation or charged ment is as follows: ruL RotzsTER (40 FR 47078) on Octo- ber 10, 1975. with enforcing or Implementing the 1. Westmoreland requests modification statute, or rule, regulation or order issued of the application of the portion of 30 All other systems of records on Identi- pursuant thereto. CPR 75.305 set forth above with respect fiable individuals maintained by the A record from this system of records to the North Mains Barrier section of its U.SILT.C. are covered by the notices for may be disclosed as a "routine use" to a East Gulf Mine for the reason that the government-wide systems of records Federal, State or local agency maintain- application of such standard will result published by the Civil Service Commis- ing civil, criminal or other pertinent in- in a diminution of safety to the miners. sion onAugust 27,1975. formation, such as current licenses, if 2. The North Mains Barrier section of The Commlsslot proposes to amend necessary, to obtain formation relevant the East Gulf Mine consists of three' the Budgetary and Payroll-related Rec- to an agency decision concerning the entries driven into the left barrier of the ords system by a ding the following hiring or retention of any employee, the north main for a distance of approxi- "routine uses": Issuance of a security clearance, the mately 2,100 feet. The section is presently Routine uses of records maintained In letting, of a contract or the Issunce of a under retreat towyard the mouth of the this system shall include providing a license, grant or other benefit. north main and will be mined out by the copy of an employee's Department of A record from this system of records spring of 1977. This working section is the Treasury Form W-12, Wage and Tax may be disclosed to a Federal agency, in well ventilated by a fan located approxi- Statement, to the State, city, or other reronze to Its request, in connection vih mately 2,900 feet in by the section. The local jurisdiction which is authorized to the hiring or retention of an employee, return air courses for this section consist tax the employee's compensation. The the issuance of a security clearance, the of mined-out areas. Although these re- record will be provided in accordance reporting of an investigation of an em- turnair courses are open, Petitioner feels with a withholding agreement between ployee, the letting of a contract, or the that they are too dangerous to be trav- the State, city, or other Jurisdiction and Issuance of a license, grant or other eled and inspected weekly as required the Department of the Treasury pur- benefit by the requesting agency, to the by 30 CFR 75.305. suant to 5 U.S.C. 5516, 5517, or in the extent that the information is relevant 3. Petitioner avers that enforcement absence theof, pursuant to 5 U.S.C. and necezsary to the requesting agency's of the pertinent portion of 30 CER 75.305 5516, 5517, or 5520, or in the absence decision in the matter. 'to the North-Mains Barrier section of thereof, in response to a written request A record from this system of records this mine will severely diminish rather from an appropriate ofllcla of the tax- may be disclosed to anauthorized appeal than increase the overall .safety of the ing Jurisdiction to the Chief of Finan- grievance examiner, formal complaints miners. cial Management, United States Inter- examiner, equal employment opportunity

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52922 NOTICES investigator, arbitrator or other duly au- ber 22, 1976, page 51478, has-been post- [Docket No. 50-3241 thorized official engaged in investigation poned to January 4, 1977 to accommo- CAROLINA POWER AND LIGHT CO. or settlement of a grievance, complaint, date the schedules of invited participants. or appeal fled by an 6mployee. A record Issuance of Amendment To Facility from this system of records may be dis- Dated: November 29, 1976. Operating License closed to the United States Civil Service JOHN C. HOYLE, The U.S. Nuclear Regulatory Commis- Commission in accordance with the Advisory Committee sion (the Commission) has issued agency's responsibility for evaluation Management Officer. Amendment No. 23 to Facility Operating and oversight of Federal personnel [FR Doc.76X35440 Filed 12-1-76; 8:45 am] License No. DPR-62, issued to Carolina management. Power & Light Company (the licensee), A record from this system of records [Docket No. 50-324] which revised Technical Specifications may be disclosed to officers and em- CAROLINA POWER AND LIGHT CO. for operation of the Brunswick Steam ployees of a Federal agency for purposes Electric Plant, Unit No. 2 (the facility) of audit. Issuance of Amendment to Facility located in Brunswick County, North Operating License A record from this system of records Carolina. The amendment Is effective as may be disclosed to officers and employees The U.S. Nuclear Regulatory Commis- of its date of Issuance. of the General Services Administration sion (the Commission) has issued This amendment reduces the operating in connection with administrative serv- Amendment No. 22 to Fadility Operating limit minimum critical power ratio to ices provided to this agency under agree- License No.)PR-62, issued to Carolina 1.23 for fuel exposures of less than 6000 ment with GSA. Power & Light Company (the licensee), megawatt-days per ton, and lowers the which revised Technical Specifications red block monitor setpont to 106%. PU3LIC COMMENT ON ADDITIONAL for operation of the Brunswick Steam The application for the amendment "RoUINE USES" Electric Plant, Unit No. 2 (the facility) complies with the standards and require-' Written comments concerning the ad- located in Brunswick County, North Car- ments of the Atomic Energy Act of 1954, ditional "routine uses" are invited from olina. The amendment is effective as of as amended (the Act), and the Commis- interested persons pursuant to 5 U.S.C. its date of issuance. sion's rules and regulations, The Com- 552(a) (e) (11). Comments may be pre-, The amendment revises the limiting mission 'has made appropriate findings sented in writing to the Office of the Sec- conditions for operation and surveillance as required by the Act and the Commis- retary, United States International requirements for safety related shock sion's rules and regulations,in 10 CFR Trade Commission, 701 E Street NW., suppressors (snubbers). Chapter I, which are set forth In the Washington, D.C. 20436. All comments The application for the amendment license amendment. Prior public notice received not later than December 15, complies with the standards and require- of this amendment was not required ,1976, will be considered: In the absence ments of the Atomic Energy Act-of 1954, since the aniendment does not Involve a of Commission action to the contrary, significant hazards consideration. as amended (the Act), and the Commis- The Commission has determined that the proposed "routine uses" will become sion's rules and regulations. The Com- effective December 30, 1976. the issuance of this amendment will not mission has made appropriate findings as result in any significant environmental Issued: November 30, 1976. required by the Act and the Commission's rules and regulations in 10 CFR Chapter impact and that pursuant to 10 CFR By order of the Commission. 51.5(d)(4) an environmental Impact I, which are set forth in the license statement or negative declaration and KENNETH R. MASON, amendment; Prior public notice of this environmental impact appraisal need not Secretary. amendment was not required since the amendment does not involve a significant be prepared in connection with issuance [FR Doc.76-35659 Filed 12-1-76;8:45 am] of this amendment. hazards consideration. For further details with respect to this The Commission has determined that action, see (1) the application for NATIONAL COMMISSION ON the issuance of this amendment will not amendment dated August 11, 1076, (2) ELECTRONIC FUND TRANSFERS result in any significant environmental Amendment No. 23 to License No. DPR- impact and that pursuant to 10 CFR 62, and (3) the Commission's related REVISED NOTICE OF MEETING § 51.5(d) (4) an environmental impact Safety Evaluaton. All of these Items are The National Commission on Elec- statement or negative declaration and available for public Inspection at the tronic Fund Transfers intends to con- environmental impact appraisal need not Commission's Public Document Room, duct its meeting of December 3, 1976, be prepared in connection -with issuance 1717 H Street, N.W., Washington, D.C. which was previously announced in the of this amendment. and at the Southport Brunswick County FEDERAL REGISTER (41 FR 52345) in closed For further details with respect to this Library, 109 W. Moore Street, Southport, session. At this meeting the Commission- action, see (1) the application for amend- North Carolina 28461. A copy of Items (2) ers will discuss testimony which they ment dated October 5, 1976, (2) Amend- and (3) may be obtained upon requet have been inlited to present before the ment No. 22 to License No. DPR-62, and addressed to theU.S. Nuclear Regulatory United States Senate. The Commission (3) the Commission's related Safety Commission, Washington, D.C. 20555, has initiated procedures to obtain a writ- Evaluation. All of these items are avail- Attention: Director, Division of Operat- ten determinationof closing pursuant to able for public inspection at the Com- ing Reactors. Section 10(d) of the Federal Advisory mission's Public Document Room, 1717 this Committee Act. Inquiries should be di- H Street, N.W., Washington, D.C. and Dated at Bethesda, Maryland, rected to Ms. Janet Miller, 202/254-7400. at the Southport Brunswick County 16th day of November 1976. Library, 109 W. Moore Street, Southport, "For the Nuclear Regulatory Commis- Dated: December 1, 1976. North Carolina 28461. A copy of items sion, JAMES 0. HOWARD, Jr., (2) and (3) may be obtained upon re- A, Scuwrniuc n, GeneralCounsel. quest addressed to the U.S. Nuclear Operating Reactors Branch #1, [FR Doc.76-35750 Filed 12-1-76;11:50 am] Regulatory Commission, Washington, Division of Operating Re- D.C; 20555, Attention: Director, Division actors. of Operating Reactors. [FR Doc.76-35350 Filed 12-1-76;t:45 am] NUCLEAR REGULATORY COMMISSION Dated at Bethesda, Maryland, this [Docket Nos. 50-237, 50-29, 50-25t1 and, 15th day of November 1976. ADVISORY COMMITTEE ON REACTOR For the Nuclear Regulatory Commis- 50-2651 SAFEGUARDS REACTOR SAFETY STUDY COMMONWEALTH EDISON CO. AND IOWA- WORKING GROUP sion, - A. SCHWNENCER, ILLINOIS GAS AND ELECTRIC CO. Meeting Postponed Chief, Operating Reactors -Issuance of Aniendments to Facility'- The December 8, 1976 meeting of the Branch #1, Division of Oper- Operating Licenses ACRS Reactor Safety Study Working ating Reactors. The U.S. Nuclear Regulatory Commis- Group, announced in FR Vol. 41, Novem- [FR Doc.76-35349 Filed 12-1-76;8.45 am] sion (the Commission) has Issued

FEDERAL REGISTER, VOL. 41, NO. 23 -THURSDAY, DECEMBER 2, 1976 NOTICES

Amendment Nos. 17, 15, 35 and 34 to sion, Washington, D.C. 20555, Attention: heard on Debember 9, 1976 at 1:30 p.m. Facility Operating License Nos.DPR-9, Director, Division of Operating Reactors at the* Willste Building, 7915 Easter DPR-25, DPR-29 and DPR-30 (respec- Dated at Bethesda, Maryland, this 17th Avenue, Silver Spring, Maryland. tively), issued to the Commonwealtb day of November, 1976. Immediately following the discussion Edison Company' (and in the matter of of these matters, the Licensing Board License Nos. D]PR--29 and DPR-30, the For the Nuclear Regulatory Commis- will convene a prehearing conference in Iowa-nlinois Gas and Electric Com- sion. - South Dade Nuclear Units, Docket No. pany), which xevised Technical Spei- Drlms L.Zxwnr , P-636A, to consider pending discovery flcations for operation of Unit Nos. 2 Chic, Operating Reactors matters. The notice and order of this and 3 of the Dresden Nuclear Power Sta- Branch No. 2, Dirlfson of conference in Docket P-636A is being i-- tion (located in-Grundy County, Illinois) Operating Reactors. sued simultaneously with this Order. and Unit Nos. I and 2 of the Quad Cities [FR Doe.70-35132 Flicd 12-1-70:8:45 am) Becamuse the Seminole Coop eratives, Nuclear Power Station (located in Rock Intervenors In South Dade, Docket No. Island County, Illinois). These amend- P-636A, mayhave an interestin theTur- ments are effective as of their date of [Docket No. P-6364A key PointiSt. Lucie No. 2 considerations. issuance. FLORIDA POWER AND LIGHT CO. Seminole and its counsel are Invited to The amendments permit changes to attend and participata fully in both - the testing requirements for the standby Notice and Order Setting First Prehearing sions. Conference Order gas treatment system, make changes to It is so Ordered. clarify the intent of the curr nt require- Before the atomic safety and licensing ment on system fan *performance, and board. In the matter of Florida Power For the Atomic Safety and Licensis; change the frequency for tests and and Light Co. (South Dade Nuclear Board, sample analyses to be consistent with Units). Dated at Bethezda, Llaryland this 23rd the -operating cycle of the reactor. The Board will conduct a prehearing day of November 1976. Changes were made to the Bases to pro-- conference on December 9, 1976 as soon vide guidance on recommended filter re- after 1:30 p.m. as earlier business will IVAN W. 5:1=1 placement quality levels. Because modi- permit, at the Willste Butlding, 7915 Chairman. fications to thd plant are necessary to Eastern Avenue, Silver Spring, Mary- JER D. 'Z-351N Filed 12-1-76;6:45 =mi accomplish several of the testing and land. The Board will consider pending surveillance requirements, implementa- motions concerning discovery and any [Docket ieo. 5O--321 tion of the applicable Specifications and other outstanding matters. l Bases have been delayed until about De- Simultaneously with this Notice and GEORGIA POWER CO. OGLETHORPE cember 31, 1976. Interim requirements Order, the Intervention Board in Turkey ELECTRIC MFJ, BERSHIP CORP. Point Plant, 4, Nos. have been levied in these cases. Units 3 and Docket Issuance of Amendmeat to Facility The application for the amendments 50-250A and 50-251A and St Lucie Plant, Operating License complies with the standards and require- .Units 1 and 2, Docket Nos. 50-335A and menti of the Atomic Energy Act of 1954, 50-389A is issuing an order calling for The U.S. Nuclear Regulatory Commis- as amended (the Act), and the Commis- oral arguments in that proceeding at sion ithe Commisson) has issued sion's rules and regulations. The Com- 1:30 pm. December 9, 1976 at the same Amendment No. 24 tFacility Operating mission has made appropriate findings location. The prehearing conference in License No. DPR-57 issued to Georgia as required by the Act and the Commls- this proceeding will follow Immediately. Power Company and Oglethorpe Electriv Membership Corporation, which revisd sion's rules and regulations in 10 CFR It is so ordered. Chapter I, which are set forth in the Technical Specifications for operation of license amendments. Prior public notice Dated at Bethesda, Maryland this 23rd the Edwin I. Hatch Nuclear Plant, Unit bf these amendments was not required day of November 1976. No. 1, located in Appling County, since the amendments do not involve a For the Atomic Safety and Licensing Georgia. The amendment is effective as significant hazards consideration. Board. of Its date of Issuance. The Commission has determined that IVAr W. S=r, The amendment consists of changes to the issuance of these amendments will Chalrman. the Technical Specifications which will not result in any significant environ- lower the Main Steam Isolation Valve mental impact and that pursuant to 10 [FR Doc.76-35133 Filed 12-1-76;8:45 ml #MSIV) low main steamline pressure CTR 51.5(d) (4) an environmental im- closure set point from 880 p:ig to 025 pact statement or negative declaration [Docket Toz. 5O-635A, 00-369A. GO-2Z0A. prig. and environmental- impact appramsal 50-2351A The application for the amencmert need not be prepared in connection with complies with the standards and require- FLORIDA POWER AND LIGHT CO. (ST. ments of the Atomic Energy Act of 1934. issuance of these amendments. LUCIE PLANT, UNITS I AND 2) For further details with respect to this as amended (the Act), and the Commis- FLORIDA POWER AND LIGHT CO. (TUR- sion's rules and regulations. The Com- action, see (1) the application for KEY POINT PLANT, UNITS 3 AND 4) amendments dated March 5, 1975, (2) mL-ion has made appropriate findings as Amendment Nos. 17 and 15 to Order for Oral Arguments required by the Act and the Commission's License rules and regulations in 10 CrR Chap- Nos. DPR.-19 and DPR-25, and Amend- Before the Atomic Safety and Icens- ter I, which are ment Nos. 35 and 34 to License Nos. Ing Board. set forth in the license DPR-29 and DPR-30 and (3) the Com- The Board constituted to rule upon amendment. Prior public notice of this the Florida Cities' amendment was not required since the mission's concurrently issued related petition for leave to amendment Safety Evaluation. All of these items are intervene and request for' a hearing does not involve a sigficant available for public inspection at the wishes to be advised by oral arguments hazards consideration. Colmission's Public Document Room, concerning: The Commission has determined that the Issuance of this amendment will not -1717 H Street NW., Washington, D.C. and (1) What effect the granting of the for those items relating to Dresden Unit result in any significant environmental. intervention petition would have upon impact and that pursuant to 10 CFR Nos.2 and S at the Morris Public Library, the Issuance of a construction permit in 604 iberty Street, Morris, Illinois § 51.5 (d) (4) an environmental state- 60450, St. Lucie No. 2; ment, negative declaration or environ- and for those items relating to Quad (2) The authority of this Board to Cities 'Unit Nos. 1 and 2 at the Moline mental Impact appraisal need not be pre- order an antitrust hearing after the is- Pared in connection with Issuance of this Public Library, 504 17th Street, Moline, suance of the operating licenses for the Illinois 60625. A copy of items amendment. (2) and (3) Turkey Point units; and For further details with respect to this may be obtained upon request addressed (3) The applicability of 10 CER 2.20G action, see (IY the application for to the U.S. Nuclear Regulatory Commis- to antitrust matters. Arguments will be amendment dated April 4, 1975, supple-

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52924 NOTICES mented by letters dated October 9, 1975, necticut. The amendment is effective as ating License No. DPR-21 and Amend- June 23, 1970 and August 18, 1976, (2) of its date of issuance.- ment No. 20 to Facility Operating License Amendment No. 24 to License No. DPR- The amendment changed the Techni- No. DPR-65 issued to Northeast Nuclear 57 and (3) the Commission's related cal Specifications to remove a power Energy Company, The Connecticut Light Safety Evaluation. All of these items are level restriction which was associated and Power Company, the Hartford Elec- available for public inspection at the with previous operation of the facility tric Light Company, and Western Mas- Commission's Public Document Room, using excore detectors, and added a more sachusetts Electric Company, which re- 1717 H Street, N.W., Washington, D.C. restrictive remedial action in the event vised the Environmental Technical Spec- and at the Appling County Public Li- that the Axial ,Shape Index operating ifications for operation of the Millstone brary, Parker Street, Baxlay, Georgia Iinits are exceeded. Nuclear Power Station, Units Nos. 1 and 31513. _I The application for the amendment 2 (the facilities), located In the Town of A copy of items (2) -and (3) may be complies with the standards and re- Waterford, Connecticut. The amend- obtained upon request addressed to the quirements of, the Atomic Energy Act of merits areeffective as of their date of U.S. Nuclear Regulatory Commission, 1954, as amended (the Act), and the issuance. Washington, D.C. 20555, Attention: Di- Commission's rules and regulations. The The amendments modified the En- rector, Division of Operating Reactors. Commission has made appropriate find- vironmental Technical Specifications for the facilities to (1) delete survey, sam- Dated at Bethesda,' Maryland, this ings as required by the Act and the Com- mission's rules and regulations in 10 pling and measurement studies which 22nd day of November, 1976. CFR Chapter I, which are set forth in have been completed, (2) reduce the For the Nuclear Regulatory Commis- the license amendment. Prior public no- sampling frequencies and locations for sion, tice of this amendment was not required certain other programs and (3) clarify GEORGE LEAR, since the amendment does not involve a the effluent monitoring requirements of Chiel, Operating Reactors significant tiazards consideration. specifications 2.4.1.3.E and 2,4.2.3.D. Branch No. 3, Division of The Commission has determined that The applications for the amendments Operating Reactors. the issuance of this amendment will not comply with the standards and require- [FR Doc.76-35135 Filed 12-1-76;8:45 abn] result in dny significant environmental ments of the Atomic Energy Act of 1954, impact and that pursuant to 10 CFR 51.5 as amended (the Act), and the Commis- (d) (4) an environmental statement or sion's rules and regulations. The Com- [Docket Nos. 50-498A and 50-499A] negative declaration and environmental mission has made appropriate findings as impact appraisal need not be prepared required by the Act and the Conimis- HOUSTON LIGHTING AND POWER COM- sion's rules and regulations in 10 CFR PANY, ET AL (SOUTH TEXAS PROJECT, in connection with issuance of this amendment. Chapter I, which are set forth In the UNITS 1 AND 2) license amendments. Prior public notice Assignment of Atomic Safety and Licensing For further details with respect to this action, see -(1) the application for of these amendments was not required Appeal Board 6 amendrient dated July 21, 1976, (2) since the amendments do not Involve a significant hazards consideration. Notice is hereby given that, in accord- Amendment No. 21 to License No. DPR- ange with the authority in 10 CFR § 2.787 65, and (3) the Commission's related The Commission has prepared an en- (al, the Chairman of the Atomic Safety Safety Evaluation. All of these items are vironmental impact appraisal for the re- and Licensing Appeal Panel has assigned available for public inspection at the vised Technical Specifications and has the following panel members -to serve Commission's Public Document Room, concluded that an environmental Impact as the Atomic Safety and Licensing Ap- 1717 -H Street, N.W., Washington, D.C. statement for this particular action is not peal Board for this antitrust proceeding: and at the Waterford Public Library, warranted because there will be no sig- Rope Ferry Road, Waterford, Connecti- nificant environmental Impact attrib- AlanS. Rosenthal, Chairman utable to the proposed action. Richard S. Salzman ,cut 06385. For further details with respect to thia Jerome E. Sharfman A copy of items (2) and (3) may be obtained upon request addressed to the action, see (1) the applications for Dated: November 23, 1976. amendment dated April 19, 1976 (as sup- U.S. Nuclear Regulatory Commission, plemented by letter dated October 5, MARGARET E. Du PLO, Washington, D.C. 20555, Attention: Di- 1976) and August 18, 1976, (2) Amend- Secretaryto the Appear Board. rector, Division of Operating Reactors. ments Nos. 32 and 20 to Licenses Nos. [FR Doc.76-35136 Filed 12-1-76;8:45-am] Dated at Bethesda, Maryland, this 23 DPR-21 and DPR-65, and (3) the Com- day of November 1976. mission's related Safety Evaluation and [Docket No. 50-336] For the Nuclear Regulatory Commis- Environmental Impact Appraisal. All of sion, these items are available for public In- NORTHEAST NUCLEAR ENERGY CO. GEORGE LEAR, spection at the Commission's Public Doc- Er AL. Chief, Operating Reactors ument Room, 1717 H Street, N.W., Wash- Issuahce of Amendment to Facility Branch #3, Division o1 Op- ington, D.C. and at the Waterford Public ; Operating License erating Reactors. Library, Rope Ferry Road, Route 150, Northeast Nuclear Energy Company, [FR Doc.76-35138 Filed 12-1-76;8:45 am Waterford, Connecticut. the Connecticut Light ,and Power Com- A copy of items (2) and (3) may be ob- pany, the Hartford Electrio Light Com- [Dockets Nos. 50-245 and 50-3361 tained upon request addressed to the pany, and Western Massachusetts Elec- U.S. Nuclear Regulatory Commission, tric Comp~any. NORTHEAST NUCLEAR ENERGY CO., ET AL. Washington, D.C. 20555, Attention: Di- The U.S. Nuclear Regulatory Commis- rector, Division of Operating Reactors. sion (the Commission) - has issued Issuance of Amendments to Facility Op- Amendment No. 21 to Facility Operat- erating Licenses and Negative Declaration Dated at Bethesda, Maryland, this 23 ing License No. DPR-65, issued to North- Northeast Nuclear Energy Company, day of November 1976. east Nuclear Energy Company, The Con- For'the Nuclear Regulatory Commis- necticut Light and Power Company, The the Connecticut -Light and Power Com- sion, GEORGE Hartford Electric Light Company, and pany, the Hartford Electric Light Com- LEAR, pany, and Western Massachusetts Elec- Western Massachusetts Electric Com- Operating Reactors Branch No. pany, which revised Technical Specifi- tric Comlpany. The U.S. Nuclear Regulatory Commis- 3, Division of Operating Re- cations for operation of the Millstone actors. Nuclear Power Station, Unit No. 2, lo- sion (the Commission) has issued cated in the Town of Waterford, Con- Amendment No. 32 to Provisional Oper- [FR Doc.76-35137 Filed 12-1-76;8:45 Lml

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 5292.5

[Docket Nos. 50-514, 50-515] the appeals from the June 29, 1976 initial REGULATORY GUIDE PORTLAND GENERAL ELECTRIC CO., ET decision of the Licensing Board In this Issuance and Availability AL, (PEBBLE SPRINGS NUCLEAR proceeding is calendared for 9 am., Fr!- PLANT, UNITS I AND 2) day, December 10,1976, In the Courtroom The Nuclear Regulatory Commission of the Superior Court, Hillsborough has issued a new gude in Its Regulatory Order Scheduling Evidentary Hearing County Courthouse, 19 Temple Street, Guide Series. This series has been de- Confirming conference telephone calls Nashua, New Hampshire. veloped to describe and make available to of November 23 and 24, 1976, the evi- the publicmethods acceptableto theNRC For the Atomic Safety and Licensing staff of Implementing specific parts of dentiary hearing in this proceeding will Board. be resumed on January 18, 1977, at 9'30 Appeal the Commission's regulations and, in aan, local time, in the U.S. Court of Dated: November 23, 1976. some cases, to delineate techniques used by the staff in evaluating specific prob- ,Appeals Courtroom; The Pioneer Court- AAn Axur E. Du FLO, house, 555 S.W. Yamhill, Portland, lems or postulated accidents and to pro- Secretarjto the Appeal Board. concerning Oregon. [FR Doc.76-35139 1fleu 12-1-70;8:45 aml vide guidance to applicants As noted in the calls, all outstanding certain of the information needed by the matters, with the exception of need for staff In Its review of applications for permits and licens;es. power, will be included in the agenda for GUIDE this resumed hearing as follows: REGULATORY Regulatory Guide 4.13, "Performance, (1) Testimony of Intervenors' witness, Issuance and Availability Testing, and Procedural Specifications Mr. Loren Johnson (Tr. 3205)-he will The Nuclear Regulatory CommisIon for Thermoluminescence Dosimetry: be first witness. has issued a guide in Its Regulatory Guide Environmental Applications," provides (2) Testimony concerning the West Series. This series has been developed to minimum acceptable performance cri- Roosevelt alternate site Tr. 3205). escribe and make available to the pub- teria for TLD sysems used to measure (3) Board Witness, Dr. James Teeter c methods acceptable to the NRC staff levels of radiation in the environs of nu- (Tr. 3236). of implementing specific parts of the clear facilities. It also provides proced- -(4) Testimony concerning the matter Commission's regulations and, in some ures for calibration, field application, of uranium availability and utilization cases, to delineate techniques used by the and reporting. This guide endorses ANSI (Tr. 3092 and Board Memorandum dated staff in evaluating specific problems or Standard N545-1975, "Performance, November 8,1976). postulated accidents and to provide guid- Testing, and Procedural Specification (5) With reference to Appendix I, the ance to applicants concerning certain of for Thermoluminecence Dosimetry (En- submission by the Staff of a proposed the information needed by the staff In Its vironmental Applications) ." draft condition that would preserve the review of applications for permits and Comments and suggestions in connec- very low doses projected by the Staff as licenses. tion with (1) Items for inclusion in guidez part of the cost-benefit balance. (Tr. Regulatory Guide 1.114, Revision 1, currently being- developed or (2) im- 2895). "Guidance on Being Operator at the Con- provements In all published guides are (6) Implementation of the Supple- trols of a Nuclear Power Plant," describes encouraged at any time. Public com- mental General Statement of Policy re a method acceptable to the NRC staff for ments on Regulatory Guide 4.13 will, the Fuel Cycle-Revised Table S-8. complying with the Commisslon's regula- however, be particularly useful in eval- All the Parties agreed that written tions that require an operator to be pres- uating the need for an early revision if testimony'would be served by January 5, ent at the controls of a nuclear power received by January 31, 1977. 1977. The Board approved discovery by plant. This guide was revised as the result Comments should be sent to the Sec- the Intervenors concerning the uranium of public comment and additional staff retary of the Commission, U.S. Nuclear matter 'with the understanding that all review. ReaulatorY Commission, Washington, Parties would be prepared to cover this Comments and suggestions in connec- D.C. 20555, Attention: Docketing and matter at the evidentiary hearing in Jan- tion with (1) items for inclusion in guides Service Branch. uary. The Staff agreed to furnish imme- currently being developed or (2) im- Regulatory guides are available for in- diately to all the Parties appropriate ma- provements in all published guides are spection at the Commisson's Public Doc- terial on this subject in order that dis- encouraged at any time. Comments ument Room, 1717 H Street NW., Wash- covery could proceed expeditiously. The should be sent to the Secretary of the ington, D.C. Requests for single copies of Board expects the Parties to mutually Commission, U.S. Nuclear Regulatory Issued guides (which may be reproduced) agree on a suitable date for the submis- Commission, Washington, D.C. 20555, or for placement on an automatic dis- sion of any additional written testimony Attention: Docketing and Service Sec- tribution list for single copies of future on the uranium matter. tion. guides should be made in writing to the With respect to the resumption of the Regulatory guides are available for In- Director, Office of Standards Develop- evidentiary heari on the need for spection at the Commission's Public Doc- ment, U.S. Nuclear Regulatory Commis- power issue, the Skagit Board and this ument Room, 1717 H Street NW., Wash- sion, Washington, D.C. 20555. Telephone Board have tentatively set the schedule ington, D.C. Requests for single copies of requests cannot be accommodated. Reg- ulatory guides are not copyrighted and first week in March. - issued guides (which may be reproduced) for the or for placement on an automatic distri- Commission approval is not required to Issued at Bethesda, Md,, this 29th day bution list for single copies of future reproduce them. of November 1976. guides should be made In writing to the (S U.S.C. 052(a).) It is so ordered. Director, Office of Standards Develop- ment, U.S. Nuclear Regulatory Commis- Dated at Rockvlle, Maryland this 24th For the Atomic Safety and Licensing day of November 1976. Board, sion, Washington, D.C. 20555. Telephone JAmrs R. YORE, requests cannot be accommodated. Reg- For the Nuclear Regulatory Commis- sion, Chairman. ulatory guides are not copyrighted and Commission approval Is not required to ROBRT B. MM1oou, IFR Doc.76-35441 Filed 12-1-76;8:45 am] Director,Office of reproduce them. StandardsDeveopment. (5 U.S.C. 562(a).) [Docket Nos. 50-443; 50-444) [PR D0c.7G-a5352 Filed 12-1-76;8:45 ar.] Dated at Rockville, Maryland this 23rd PUBLIC SERVICE CO. OF NEW HAMP- SHIRE, ET AL (SEABROOK STATION, day of November 1976. VIRGINIA ELECTRIC AND POWER CO. UNITS I AND 2) For the Nuclear Regulatory Commis- po ket Ncs. 50-3w3, 5-3391 sion, Oral Argument Ro0ERT B. MMMoM, Availability of an Addendum to the Final 'Notice is hereby given that, in ac- Director, Environmental Statement cordance with the Appeal Board's Order Office of Standards Development. Pursuant to the National Environmen- of November 23, 1976, oral argument on [FR Doc.76-35141 Filed 12-1-76;8:45 am] tal Policy Act of 1969 and the United

-FEDERAL REGISTER, VOL-41, NO. 233--THURSDAY, DECEMBER 2, 1976 NOTICES

States Nuclear Regulatory Commission's tribution limits, and (3) appropriately In view of a recent request by Nuclear regulations in 10 CFR Part 51, notice is changing the reactor core description. - Engineering Company that the comment hereby given that an Addendum to the The' application for the amendment period be lengthened, the Commission is Final Environmental Statement pre- complies with the standards and require- hereby extending the time for filing pared by the Commission's Office of Nu- ments of the Atomic Energy Act of 1954, comments. clear Reactor Regulation has been Is- as amended (the Act), and the Commis- Accordingly, all interested persons who sued. The Addendum represents an up- sion's rules and regulations. The Com- desire to submit written comments or dated assessment of the environmental mission has made appropriate findings as suggestions concerning the petition for impacts associated with the proposed op- required by the Act and the Commission's rule making should send them to the eration of the North Anha Power Sta- rules and regulations in 10 CFR. Chapter Secretary of the Commission, Attention, tion, Unit Nos. 1 and 2, located in Louisa I, which are set forth in the license Docketing and Service Branch, United County, Virginia. Notice of the avail- amendment. Notice of Proposed Issuance States Regulatory Commission, Wai;i- ability of the Commission's Final En-- of Amendment to Facility Operating Li- ington, D.C. 20555 on or before Decent- vironmental Statement was published in cefise in connection with this action was ber 22, 1976. the FEDERAL REGISTER on April 6, 1973 (38 published in the FDERAL REGISTER on A copy of the petition for rule making FR 8760). September 9, 1976 (41FR38236). No re- is available for public Inspection In th, Copies of the Addendum have been quest for a hearing or petition for leave Commission's Public Document Room, transmitted to the Council on Environ- to intervene Was filed following notice of 1717 H Street, NW., Washington, D.C. mental Quality and copies are available the proposed action. A copy of the petition may be obtained for inspection by the public in the Com- The Commission has determined that by writing the Division of Rules and mission's Public Document Room at 1717 Records, Office of Administration, U.S. the issuance of this amendment will not Comntission. Wash- H Street, NW., Washington, D.C., the result in any significant environmental Nuclear Regulatory ington, D.C. 20555. Alderman Library, Manuscripts Depart- impact and that pursuant to 10 CFR ment, University of Virginia, Charlottes- § 51.5(d)(4) an environmental impact Dated this 1st day of December 1976 at ville, Virginia, and the office of the statement or -negative declaration and Washington, D.C. County Administrator, Board of Super- environmental impact appraisal need not visors, Louisa County Courthouse, For the Nuclear Regulatory Comri- be prepared in connection with Issuance sion, Louisa, Virginia. Copies are also available of this amendment. at the Division of State Planning and SALTUEL J. COiLu, For further details with respect to this Secretary of the Commission, Community Affairs, 1010 James Madison action, see (1) the application for [FR Doc.76-35736 Filed 12-1-76:10:47 ari - Building, 109 Governor Street, Rich- amendment dated July 30, 1976 as sup- mond, Virginia, and Thomas Jefferson plemented by letter dated October 11. PDC, 701 East High Street, Charlottes- 1976, (2) Amendment No. 22 to License NATIONAL TRANSPORTATION vlle, Virginia. No. DPR-24, and (3) the Commission's SAFETY BOARD Copies of the Addendum (Document related Safety Evaluation. All of these [N-AR 76-491 No. NUREG-0134) may be purchased items are available for public inspection from the National Technical Informa- at the Commission's Public Document CORRESPONDENCE CONCERNING tiori Service, Springfield, Virginia 22161, Room, 1717 H Street N.W., Washington, SAFETY RECOMMENDATIONS at a cost of $4.50 for printed copies and D.C. and at the Document Department, Receipt and Availability $3.00 for microfiche. University of Wisconsin, Stevens Point Letters in Response to Recommenda- Dated at Rockville, Maryland this 24th Library, ATTN: tr. Arthur M. Fish, Stevens Point, Wisconsin 54481. tions.-In answer to recommendatlons day of November 1976. previously issued, the National Trans- A copy of items (2) and (3) may be For the Nuclear Regulatory Commis- portation Safety Board has within the obtained upon request addressed to the sion. past week received letters from the fol- B. J. YOUNGBLOOD, U.S. Nuclear Regulatory Commission, lowing components of the U.S. Depart- Chief, Environmental Projects Washington, D.C. 20555, Attention: ment of Transportation: Branch 2, Division of Site Director, Division of Operating Reactors. FederalAviation Administration- Safety and Environmental Dated at Bethesda, Maryland, this 19th Letter of November 9 concerns recom- Analysis. day of November 1976. mendations A-76-85 and A-76-80 and [FR Doc.76-35351 Filed 12-1-76;8:45 am] For thp Nuclear Regulatory Conmis- supplements FAA letter of October 16 November 4, 1976). These sion, (41 F R 48617, JAD Es J. SHEA, recommendations were Issued as a result IDocket No. 50-2661 of the Board's special study, NTSB-AAS-. OperatingReactors Branch No. WISCONSIN ELECTRIC POWER CO.; 3, Division of/Operating Re- 76-3, "Nonfatal, Weather-Involved Gen- WISCONSIN MICHIGAN POWER GO. eral Aviation Accidents, 1964-1974," (See actors. 41 FR 34125, August 12, 1976, and 41 FR Issuance of Amendment to Facility [FJ Doc.76-35140 Filed 12-1-76;8:45 am] 37165, September 2, 1976.) The Novem- Operating License ber 9 letter is specific to the last three Notice Is hereby given that the U.S. [Docket No. PRD,1-20-71 of six means, or methods, recommended Nuclear Regulatory Commission (the by A-76-86 for implementing pilot edu- Commission) has issued Amendment No. NATURAL RESOURCES DEFENSE cation on hazards associated with un- 22 to Facility Operating License No. COUNCIL favorable winds during the landing, DIR-24 issued to Wisconsin Electric Extension of Comment Period regime. Power Company and Wisconsin Michigan Concerning method 4 of A-76-86, FAA Power Company which revised Technical On September 23, 1976, the Nuclear has requested its Flight Standards Tech- Specifications for operation of the Point Regulatory Commission published in the nical Division In Oklahoma City to study Beach Nuclear Plant Unit No. 1, located Federal Register (41 FR 41759) a notice the feasibility of issuing a new or re- in the Town of Two Creeks, Manitowac that a petition for rule making had been vised Exam-O-Gram to emphasize such County, Wisconsin. The amendment is ef- filed with the Commission on behalf of hazards (targeted for June 1977.) In fective as of its date of issuance. the Natural Resources Defense Council. answer to methods 5 and 6 of this recom- The amendment consists of changes in The petitioner requested the Commission mendation, FAA states that revised 14 the Technical Specifications that will al- to adopt interim regulations setting CFR 61.105 requires that an applicant for a private pilot certificate must have standards for shallow land disposal of low operation of Unit No. 1 in core Cycle logged ground Instruction from an au- 5 by (1) eliminating the fuel residence low-level radioactive wastes. Interested thorized instructor or show that he has time limit, (2) modifying the control rod persons were invited to comment on the satisfactorily completed Instruction in insertion limits and the core power dis- petition by November 22, 1976. recognizing critcical weather situations

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52927 from the ground and in flight, and the letter of June 1 (41 FR 24639, June 17, ber 21 stated, "We are satisfied that and use of aeronautical 1976) and the subsequent MTB/NTSB there is no need to change conclusions procurement and 9 Inasmuch as they are factually weather reports and forecasts. This ac- staff meeting of July 26. The recommen- 2 tion is-in preparation for an applicant's dation is one of four Issued following in- related to the circumstances of the ac- taking a written examination. To further vestigation of the explosion of a Burling- cident and not dependent upon test skid complement the intended increased ton Northern railroad tank car shipment numbers." The Board further noted, weather emphasis in new Parts 61 and of monomethylamine nitrate at We- "The marginal traction capability of the 141, FAA has also placed greater empha- natchee, Washington, August 6, 1974. pavement under the conditions experi- sis on the practical application of such (See 41 FR 10481, March 11, 1976.) enced at the time of the accident Is the knowledge in the new private pilot writ- With reference to the July 26 meeting, basis for our recommendations. (Ref- ten examinations relating to Part 61 (re- MTB states, "It was clear from the dis- erence recommendations H-76-29 and vised). Under new Part 61, both the cussion that what was needed was an H-76-30 Issued by the Board to the Com- private and commercial pilot flight tests educational program to broaden the misslon in connection with this acci- stress weather information, according to awareness of the manufacturer, shipper, dent.) VAA. or carrier to include the importance of The Safety Board's November 18 letter FAA, in a second letter dated Novem- product quality control It was agreed again calls the attention of the Director ber 9, has responded to recommendations that additional regulations would prob- of Highways of the State of Washington A-76-116 through A-76-119 which con- ably be less effective in a program which to the "two very obvious facts: (1) the cerned major structural alterations to makes the responsible parties more coeficient of friction on the Alsk. IPiper PA-23 aireraft. (See 41 FR 35088, aware of their actions." Accordingly, Way Viaduct on December 4, 1975, was August 19, 1976.) Re A-76-116, FAA re- MTB offers an Office of Hazardous Ma- insufficient to enable the accident truck viewed the reports of accidents involv- terials Operations publication, the OHM? traveling two miles per hour above the ing these airplanes and has not found Newsletter, as one vehicle to broaden the posted speed limit In a heavy rain, to any which are attributable to the long awareness: attached to MTB's letter is maintain its- vehicle-t-road stability, nose installation. FAA issued Airworthi- a copy of the October 1976 Issue in which and (2) under similar circumstances of ness Directive 72-21-07 on October 19, the M.TB Director addresses an open let- weather, speed, and vehicle type, other 1972, to cover production airplanes and ter to the public regarding '"product accidents could occur with possibly more revised the AD on April 29 to cover those quality control." drastic results!" Model PA-23-250 airplanes which had Further, the November 18 letter asked been modified. In view of this, FAA U.S. Coast Guard- the Commission to reconsider its re- states, "We do not consider a costly, Letter of November 10 provides an up- sponse 'after It has first complied with time-consuming search to locate modi- date on recommendation M-74-9 which recommendation H-76--29. That recom- fied airplanes to be justified." . was Issued as a result of the Investiga- mendation asked that skid tests be con- Regarding A-76-117, FAA has re- tion of the foundering of the M/V Mary- ducted on the vladuct roadway to deter- viewed AD 72-21-07 and considers it ap- land in Albemarle Sound, North Caro- mine whether there Is a problem relative plicable to Piper PA-23-250 airplanes ina December 18, 1971 (report No. to the road surface and, if such I- the only. FAA would "require separate as- USCG/NTSB-MAR-74-3). The recom- case, that the road surface be improved- sessments, substantiation, including mendation asked for the Coast Guard to The Board also suggested that, since It flight testing, for approval of long nose structure the results of Its towing ve.sel Jis so close to the anniversary date of the modifications to other-models." Re A-76- stability study into operating informa- accident, skid tests be run under tem- 118 and A-76--119, FAA is preparing a tion which could be uscd as a guide by perature conditions similar to those at notice to alert field inspectors of the the operators of towing vessels. Coast the time of the accident. need to obtain engineering approval for Guard states that the draft of "A Guide Coplc3 of letters rez~onding to Eafey future modifications related to installa- to Safety n Towing," referenced in Its rccemendatlon3 and Safety Board repUtE tion of the extended nose on Piper PA-23 July 20 letter (41 rR 32790, August 5, may be obtained at a cost of C4.0 for serv- airplanes. This notice will also contain 1976) is now under final review by the Ice and 20t per prge for reprcduction. An re- material covering the points raised In Coast Guard and the U.S. Coast Guard queats mnust b in writing, identified by FAA expects to Towing Industry Advisory Committee, recommendation number and date of pub- these recommendations. licatlon of this FEDERAL REGISTER notice. issue this notice within the next 45 days. publication expected early next year, Addre7s inquiries to: Publications unit. 11- FRAA, by letter of November 12, concurs The letter also notes that the towing tional Transportatlon Safety Board, Wash- with recommendation A-76-121, issued vessel stability study has been completed inston, D.C. 20594. contractor has recommend- following Board investigation of the and that the (Se. 307 of the Independent Safety B ard fatal spin and crash last January 17 of ed several design stability criteria for Act of 1974 (Pub. T 93-633, 83 StZt. 2172 (49 a Beech D95A in the airport traffic pat- safer towing; these recommendations U.c. I906)).) tern near Montgomery Airpark, Gai- are scientific In nature, and are not 41 FR 39845, adaptable for inclusion in the towing thersburg, Maryland. (See Register Liaison Officer. September 16, 1976.) To implement the publication. However, according to the Federal recommendation, :AA plans to (1) rec- Coast Guard, maJorsections.of the guides Nov=rmn 29, 1976. to flight instructors, through entitled "Towing Methods" and "Dan- ommend IFRDoo,76-35532 Piled 12-1-76;8:45 aml the FAA Flight Instructor Refresher gers in Tow Handling" will include ap- recommendations for use by Unit and industry organizations appropriate AND proved to conduct flight instructor towing vessel operators. OFFICE OF MANAGEMENT clinics, that they eliminate engine shut- Safety Board Reply to Rccommeinda- BUDGET downs at low altitudes; (2) provide this tlon Restonse.-Board letter of Novem- CLEARAMCE OF REPORTS same information- to other aviation ber 18 Is in further reply to the Wash- groups and recommend that they pass it ington State Highway Commission's let- List of Request to their members; and (3) prepare an ter of September 24, 1976, which ques- The following is a list of requests for operations bulletin advising FAA field tioned the Board use of certain friction clearance of reports intended for use in inspectors to apprise the aviation com- tests in reaching conclusions Nos. 2 and collecting information from the public munity of the dangers associated with 9 of the accident report (No. NTSB- received by the Office of Management- intentional engine shutdowns at low HAR-76-7) which followed Board inves- and Budget on Nov. 26, 1976 (44 U.S.C. altitudes. tigation of the crash of a gasoline truck 3509). The purpose of publishing this Materials TransportationBureau- and trailer last December 4 in a heavy list in the FMmmm R1cismH is to inform rainstorm at Seattle, Washington. (See thO public. Letter of November 12 is in reply to 41 FR 43255, September 30, 1976.) letter of October 27 re- The list includes the title of each re- Safety Board In reply to the Commilon'a Septem- quest received; the name of the agency questing further consideration of recom- proposed collection of In- mendation 1-76-4, and refers to AMB's ber 24 letter, the Safety Board on Octo- sponsoring the

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52928 NOTICES formation; the agency form number(s), Employer expenditures for selected com- Land Summary, HUD-5325, on ocealon. If applicable; the frequency with which pensation practices, manufaoturingp local authorities, Housing, Veteran, and the information is proposed to be col- mining, and construction establish- Labor Division, 395-332. lected; the name of the reviewer or re- ments, BLS 2868, annually, private non- Biweekly Report of Site Acquisition, HUD- viewing division within OMB, and an in- farm establishments, Straswer, A., 395- 51973, on occasion, local authorities, 5867. Housing, Veterans and Labor Divlson, dication of who will be the respondents Employment and Training Administration, 395-3532. to the proposed collection. Process evaluation of decentralizz-d CETA Request for Land Purchase Approval, Requests for extension which appear programs, MT-1062, single time, CETA HUD-51974, on occasion, local authiorl- to raise no significant issues are to be prime sidonsor staff and planning council, ties, Housing, Veterans and Labor Dlvi- approved after brief notice through this Strasser, A., 395-5867. slon, 395-3532. Bureau of Labor Statistics, Ral. handbook on 'Final Report on Completed Land Acquii-l release. estimating unemployment,- new entrant tion, HUD-5922, on occasion, local au- Further information about the Items and reentrant unemployment, on occasion. thoritics, Housing, Veterans and Labor on this daily list may be obtained from based on administrative records, strasser, Division, 95-532. A., 395-5867. the clearance office, Office of Manage- REVISIONS ment and Budget, Washington, D.C. PHLinw D. LARsEN. 20503 202-395-4529, or from the reviewer Budget and Management Officer. DEPARTMENT OF AGOIhtLTUnI listed. [ R Doc.76-35579 Fled 12-1-76;8:45 amI Statistical Reporting Service, Papaya Our- NTEW FORUS Toy (Hawaii), Quarterly, Papaya Growers,

NATIONAL SCIENCE FOUtTDATION Hulett, D, T., 395-4730. CLEARANCE OF REPORTS Packers and Stockyards Administration, Ap. "Reputational" Study of Major Innovations plication for Registration Under Packera In Four Fields of Sotence, singletime, List of Request and Stockyards Act (agencies or dealern selling livestock interstate), PSA 110, on Senior Scientists in Four Fields of Science, The following is a list-of requests for Lowry, R. L., 395-3772. occasion, livestock market agencies and clearance of reports intended for use in dealers, Mfarsha Traynham, 395-4529. DIPARTL NIT OF IOUInG AND URBANE collecting information from the public DEVELOPZ-EUU received by the Office of Management EXTENSION7S Administration (Office of Assistant Secre- and Budget on November 24, 1976 (44 GENERAL SERVICES ADPMNIST.ArION tary), Telephone Interview Guide On U.S.C. 3509). The purpose of publishing Application for Presentnig Now or Improved CDBG Environmental Review, singletime, this list in the FEDERAL REGISTER iS to in- Articles, GSAlI71, on occasion, private local government, community development form the public. directors, Housing Veterans an4 Labor enterprise supplies, Marsha Traynhatm, Division, C. Louis Mincannon, 395-3532. The list includes the title of each re- 395-4529. quest received; the name of the agency DEPARTMENT OF AGIOULTUIMt DEPARTENIT OF LADOR sponsoring the proposed collection of in- Foreign Agricultural Service, Regulatlou. Bureau of Labor Statistics, Directory of Na- formation; the agency form number(s), tional Unions and Employee Associations, Importation of Dairy Products Under 'ce - if applicable; the frequency with which tion 22, RT Control, on occasion, Import- unaffiliated intrastate and single-employer the information is proposed to be col- unions, BLS-2441 244 2441 B&C 2725, ors, Marsha Traynham, 305-4529. single time, labor organizations, Strasser, lected; the name of the -reviewer or re- Rural Electrification Administration, St.o-. A., 395-5867. viewing division within OMB, and an ment of Engineernig Fee-Telephone, RL A 506, on occasion, consulting engineera o indication of who will be the respondents DEPARTMENT OF T=E TarnE5DR REA telephone borrowers, Marsha Tra'yn- to the proposed collection. ham, 395-4529. Bureau. of Customs, Cargo Declaration, CP Requests for extension which appear to Agricultural Stabilization and Conzervation 1302-1302A, on occasion, shipping com- Service, Application for ASCs (Agrioul- panies, Tracey Cole, 395-5870. raise no significant issues are to be ap- tural Stabilization and Conservation Serv- DEPARTZIENT OF T"RANTSPORTATXON proved after brief notice through this ice) County Employment, ASCS-675, on release. occasion, applicants, Marsha Tiraynham, Departmental and other certification/agree- 395-4529. ment, annually, public service commis- ,Further information about the items PHiLLa D. L~nscN. sions, Caywood, D. P, 3P5-344a. on this daily list may be obtained fr3m Budgct and Management Offlcrr. Rzvwsrorr the Clearance Office, Office of Manage- [Fa.Doc.70-35580 Filed 12-1-76;8:45 rmt DEPARTMENT OF COsTIERc ment and Budget, Washington, D.C. Bureau of Census, Report On Production of 20503, (202-395-4529), or from the re- POSTAL SERVICE Truck Trailers, M-TIL, monthly, manu- viewer listed. ROCHESTER MANAGEMENT SECTIONAL facturing establishments, Cynthia Wiggins, FORSx CENTER AND GENERAL MAIL FACILITY 395-5631. Nzv N4ATIOIAL AERONAUTICS AND SPAfE DEPARTLET OF LADOR Preparation of Draft Environmonti ADmITErISTRATION . Statement Wage and Hour and Public Contracts Di- Requirements of Very Large Scientific Com- vision (ESA), Economic Survey Schedule, Consistent with section 775.6(a) of puters, single time, users of large scien- the proposed Environmental Statement WH-1, on occasion, busines firms, farms, tific computers, Information Systems Di- Lowry, R. L., 395-3772. Procedures published by the Postal Serv- vision, 395-3785. ice in the FEDERAL REGISTER on August 24, DEPARTMENT OF HEALT1, EDUCATION, AND 1976 (41 FR 35725), and being followed DEPARTMENT OF HEALTH, EDUCATON,AND WELFARE pending final adoption, the Postal Serv- VWELFAR Center for Disease Control, National Sur- ice gives early public notice of Its deci- Office of Education, institutional application veillance of Dialysis-Associated Hepatitis, sion to prepare a Draft Environn0lntil and nomination for a national teaching cDC-4.287, annually, directors of dialysis Impact Statement (DEIS) for its Roch- fellowship, OE 1131, on occasion, prospec- units, Richard Eisinger, 395-6140. ester Management Sectional Center and Social Security Administration, Specializa- tive faculty members with master's de- General Mail Facility project. gree, minimum. Marsha Traynham, 395- tion Survey of Public Reaction to Contact 4529. With Social Security, SSA-3394, single time. The DEIS will include an analysis of individual's visiting the impact of alternative facility opera- DEPARTMENT OF rLAOR selected Social Secu- rity Offices, Human Resources Division, C. tions proposals for the Rochester Maln- Bureau of Labor Statistics: Louis Kincannon, 395-3532. agement Sectional Center. This analysis Food Collection Schedule---collection DEPARTMENT OF HOUSNG AND URBAN will include the new General Mail a- schedule for new or replacement out- DEVELOP NT cility (GMF) to be located on Jefferson lets--food stores outlet Information. Avenue in Henrietta, New York, the pres- 2911, monthly, grocery stores, Strasser, A., Administration (Office of Assistant Secre- ent General Post Office (GPO) and Ve- 395-5867. tary): hicle Maintenance Facility (VMF) in Virgin Island Food Pricing For USDA, BLS Real Estate Settlement Record, HUD-51975, 2911.0, monthly, grocery stores, Strasser, on occasion, local authorities, Housing, Rochester, New York; the Sectional Con- A., 395-5867. Veterans and Labor Division, 395--3532 ter Facility (SCF) in Henrietta; the

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEAISER 2, 1976 NOTICES 52129 '

Twelve Corner Station in Brighton 'zone having jurisdiction by law or special ex- Matter- Involved in SBA's conzidera- 18); and the Southtown Station in Hen- pertise with respect to any environmen- tion of the application include the gen- rietta (zone 23). tal Impact involved. eral busine;s reputation and character On October 13, 1976, the Postal Service Requests for additional Information of the proposed owners and management. retained the Cannon Partnership, Grand should be addressed to Mr. WViltlam E. and the probability of succesfull opera- Island, New York, to prepare the DEIS. Finn, MISC Manager/Postmaster, 216 tions of the new company under their The Cannon Partneiship will be assisted Cumberland Street, Rochester, New management, including adequate profit- by Ecology and Environment. Inc., Buf- York 14603. ability and financial soundness, in ac- falo, New York. Roca P. CrA.o, cordance with the Act and Regulations. The.DEIS will meet the requirements Deputv GencraZCounsel. Notice I- further given that any per- of section 102(2) (C) of the National En- -[FFR Doe,76-35417 Filed 220-1-76,8:45 nml con may, not later than 15 days from the vironmental Policy Act of 1969, Pub. . date of publication of this Notice, sub- No. 91-190,42 U.S.C. 4321 et seq.; Title mit written comments on the proposed IV of the Intergovernmintal Cooperation SMALL BUSINESS SBIC to the Deputy Associate Admini.- Act of 1968, Pub. . No. 90-577,42 U.S.C. ADMINISTRATION trator for Investment, Small Business 4231-4233; Postal Service Environmental Adminiztration, 1441 "L" Street, NW, Statement Procedures, 39 CY.R. ATLANTIC SMALL BUSINESS Part INVESTMENT CORP. Wa.hhlngton, D.C. 20416. 775; and the court's decision in City of A copy of this notice will be published Rochester and Genessee, Finger Lakes License Surrenders in a newspaper of general circulation in Regional Planning Board v. U.S. Postal Notice is hereby given that the corpo- Cincinnati, Ohio. Service, Civil No. 76-4065 (2d Cir., Sept. rations listed below which have been in ICatalcg of Federal Deoacstic 3, 1976). A--iiqtauce Pro- the process of surrender for diverse pe- Grzun No. U2.011. Small Balne7-a Invscnrrb Upon preparation of the DEIS, notice riods of time since 1967, have surren- Companles) of its availability will be published in the dered their licenses to operate a, smali FzDERa, REGI', and comments will be Dated: November 24, 1976. business investment companies under invited from the public, from State and PE=. F. M cNr , local agencies which are authorized to the Small Buslne:. Investment Act of Depity Associate Admfnistrator develop and enforce environmental 1958 (Act), as amended (15 UB.C. 661 for Investmznt standards, and from Federal agencies et seq.) : FR Dcz.76-35419 Filed 12-1-7G;8:45 eml L~ at!tn Name Dh-.1 r, ,. DEPARTMENT OF TRANSPORTATION Atlantic Small Business Invesmnlt Cor...... -- - _-Atlantic City NJ...... Ifar. %lit - Chevron Captial Corp -..-FlNw York. N.Y ...... i mms 14, fa Coast Guard Conuneictut Venture Capital Corp .... Hartford, Cann-... I 01 raO 2 Equity Capital Corp ---- San Franc-ol, Calif. I [CGD 7G-2151 First Investment Capital Carp-. Aken, S.C.... Hawkeye Venture Capital CSrp... .Sioux City, IIw.-._.. ! lay 4,1.- EQUIPMENT, CONSTRUCTION, AND Lincoln Growth Capital Corp--...... laIytte. CnliL .... rIcr. 12. I1 OV6n'iaoi MATERIALS Medical Caiital Corp- Decatur, _ 1....lay 22,195 Medical & Ueneral Capital Fund. T, (The)In_.. . amalea, .... D..D -MUM.95 Appro'val Niotice Midwest Small Business rnvestment Co_.. .. Detroit, . $ Northwest Science Investment Cap...... - Portland. Orcs...-.. 21=3 ,t_' - .1- ' 1. Certain lawa and regulations (45 Norwood Capital Corp Grenvio, S.C ...... ay 19G 06,4o301o3 CER Chapter I) require that various Oklahoma Small Bus Investments, .c .. Oklahoma City, OkLs.._. 1 7. 5.1TM 01IAI-01R Pacific Coast Capital Corp . . .aayitte, CZIL ..... 7lay 4,.1 0"fl..-6115 Items of lifesaving, firefighting and mis- Techno Fund. Inc ...... - Columbus, Ohio._.__ Apr. 151 o40,1o1-0065 cellaneous equipment, constrnction, and Universal SBIC, Inc_ Now York, N.Y. ., Fcb. 21.lf- (CAl5)2P materials used on board vessels subject Webter Capital Corp.... Columbia, I...... I 10y Is~ IM' to Coast Guard inspection, on certain motorboats and other recreational yes- Under the authority vested by the Act to operate as a small b tsin investment sels, and on the artificial Islands and and pursuant to the Regulations promul- company (SBIC) undei the provLsions of fLed structures on the outer Continental gated thereunder, the surrender of the the Small Busine s nveatnent Act of Shelf be of types approved by the Com- licenses is accepted herewith and, ac- 1958 (the Act), as amtended (15 U.S.C. mandant, U.S. Coast Guard. The Purpose cordingly, all rights, privileges, and fran- 661 et seq.). zhises derived therefrom have been of this document i7 to notify all inter- The proposed office rs, directors and ested persons terminated. that certain approval shareholders are: have been granted as herein described (Catalog of Federal Domestic Assistaca Pro- during the period from September 24. gram No. 59.011. Small Business Inveztment Companies.) pc.ata! 1976 to October 1, 1976 (List No. 23-76). T1113 rtopd These actions were taken in accordance Dated: November 24,1976. Oc° f '~'- whrdt the procedures set forth in 46 CFR 2.75-1 to 2.75-50. JouN T. WETAcr, Roburt I. Lalincr, w PrA a. Zt 2 e uat Associate Administrator North White Trra CIr- dir Cr. 2 The statutory authority for equip- for do, Cindinnti. Ohio Finance-and Investent. ment, construction. and material ap- ucdnt c3 provals [FR Don.76-35418 Filed 12-1-76;8:45 am] Gary 31. llabincr, £52 Vh is generally set forth in sections E-t Farm Acre3 Dn., 367, 375, 390b, 416, 481, 489, 526p, and Cincdinust, Ohlo ,-lL David Spl----"i, 1 ... C3 1333 of Title 46, United States Code, sez- FOURTH STREET CAPITAL CORP. ClntiroU, Oh o.427c tlon 1333 of Title 43, United States Code. E~mIly MLatthers, 1517 S ' r.1X Inn a and section 198 of Title 50, United States [Proposa1 No. 05/05-0113] Eest Meill au. Ciln~in. r natt.0hlo4..5 oral =a~Ia. Code. The Secretary of Transportation Notice of Application fora license as a lhas delegated authority to the Com- Small Business Investment Company - mandant, US. Coast Guard with respet Notice is hereby given of the filing of The applicant will beain operations to these approvals (49 CFR 1.46(b)).The with a capitalization $520,000 and will specifications prescribed by an application with the Small Business of the Corn- Administration -(SBA) be a source of equity capital and long mandant, US. Coast Guard for certain pursuant to Sec- types of equipment, tion 107.102 of the SEA. Regulations (13 term loan funds for qui ied construction, and smal bust- materials are set forth in 46 CFR Parts CER 107.102 (1976)) by Fourth Street ness concerns. In addItion to financil 160 to 164. Capital Corp., 508 DixieTerminal Build- assistance, the applhc rMwill provide 3. The approrals listed in this doI- ing, Cincinnati, Ohio 45202 for a license mangement services to small concerns. ment shall be'in effect for a period of 5

FEDERAL REGISTER, VOL 41, NO. 233--THURSDAY, OECEIBER 2, 1976 52930 NOTICES years from the date of Issuance, unless Road, San Diego, California 92121, ef- 18 Type M3PFD, manufactured by Cy- sooner cancelled or suspended by proper fective September 28, 1976. (It super- authority, press Gardens Skis, Inc., Hoover Road, sedes Approval No. 160.064/772/0 dated P.O. Box 8, Cypress Gardens, Florida MATRINE BUOYANT DEVICE March 31, 1976 to show change of Model 33880, effective September 28, 1076. No.) Approval No. 160.064/1183/0, child, Approval No. 160.064/25/1, Model No. Approval No. 160.064/773/0, adult 818, vinyl dipped unicellular plastic foam Model No. NXS, cloth covercd unicellu- large, Model No. 6658, vinyl dipped uni- lar plastic foam "Sport and Ski Vest", "Man Overboard Buoy", manufactured cellular plastic foam "Water Ski in accordance Vest", manufactured in accordance with with U.S.C.G. Specifica- manufactured in accordance with U.S.C.G. tion Subpart 160.064 and UL/MD report Specification Subpart 160,064 U.S.C.G Specification Subpart 160.064 and UIL/MD report file No. MQ 274, Typo file No. MQ 7, Type IV PFD, manu- and UL/MD report file No. MQ 47, factured by Atlantic-Pacific Type III PI), manufactured by Float Gear, Manfactur- 331 PFD, manufactured by Medalist Inc., ng Corporation, 124 Atlantic Avenue, 7073 Arroyo Avenue, San Fernando, Water Sports, 11525 Sorrento Valley California 91340, effective September 29, Brooklyn, New York 11201, effective Road, San Diego, Californna 92121, ef- 1976. September 28, 1976. (It supersedes Ap- fective September 28, 1976. (It super- Approval No. 160.064/1184/0, child, proval No. 160.064/25/1 -dated June 19, sedes Approval No. 160.064/773/0 dated 1973 to show' change of Model No.) Model No. NSS, cloth covered unicellular March 31, 1976to show change of Model plastic foam "Sport and Ski Vest", man- Approval No. 160.064/451/0, child XX- No.) small, ufgctured in accordance with U.S.C,. Model No. 6657, vinyl dipped in- Approval No. 160.064/774/0, adult Specification Icellular plastic foam "Life Jacket and Subpart 160.064 and l/ X-large, Model No. 6658, vinyl dipped MD report file No, MQ 274, Type III Swim Vest", manufactured inaccordance unicellular plastic foam "Water Ski PED, with U.S.C.G. Specification Subpart 160. manufactured by Float Gear, Inc., Vest", manufactured in accordance with 707B Arroyo Avenue, San Fernando, 064 and UL/MXD report file No. MQ 47, U.S.C.G. Specification Subpart PF D, 160.064 California 91340, effective September 20, Type III manufactured by Medalist and UL/MD report file No. MQ 47, Type 1976. Water Sports, 11525 Sorrento Valley III PPD, manufactured by Medalist Approval No. 160.064/1185/0, adult, Road, San Diego, California 92121, ef- Water Sports, 11525 Sorrento Valley fective September 28, 1976. (It super- Model No. NMS, cloth covered unicellu- Road, San Diego, Califoria 92121, ef- lar plastic foam "Sport and Ski Vest", sedes Approval No. 160.064/451/0 dated fective September 28, 1976. (It super- manufactured March 29, 1976 to show change of Model in accordance with sedes Approval No. 160.064/774/0 dated U.S.C.G. Specification Subpart 100.064 No.) - March 31, 1976 to show change of Model and UlL/MD - Approval No. 160.06,1/452/0, child X- report file No.MQ 274, Typo N6.) III PFD, manufactured by Float Gear, small, Model No. 6657, vinyl dipped un- Approval No. 160.064/1126/0, 19-inch, icellular plastic foam "Life Jacket and Inc., 70713 Arroyo Avenue, San Fer- Model No. 819, vinyl dipped unicellular nando, California 91340, effective Sep- Swim Vest", manufactured in accord- plastic foam "Man Overboard Buoy", tember 29, ance with U.S.C.G. Specification Sub- 1876. manufactured in accordance with Approval No. 160.064/1186/0, adult, part 160.064 and UL/MD report file No. U.S.C.G. MQ III PFD, Specification Subpart 160.064 Model No. NS, cloth covered unicellular 47, Type manufactured by and UL/MD report file No. MQ 7, Medalist Water Sports, 11525 Sorrento Type plastic foam "Sport and Ski Vest", manu- IV PFID, manufactured by Atlantic- factured in accordance with U.S.C.G, Valley Road, San Diego, California 92121, Pacific Manufacturing Corporation, effective September 28, 1976. (It super- 124 Specification Subpart 160.064 and VL/ Atlantic Avenue, Brooklyn, New York MD report file No. MQ 274, Type nI sedes Approval No. 160.064/452/0 dated 11201, effective September 28, 1976. PFD, March 29, 1976 to show change of Model manufactured by Float Gear, Inc., Approval No. 160.064/1145/0, 15 x 15 707B Arroyo Avenue, San Fernando, No.) inch, Model No. BR15, Approval No. 160.064/641/0, cloth covered California 91340, effective September 29, child unicellular Plastic foam "Buoyant Cush- 1976. medium, Model No. 6658, v'imyl dipped ion", manufactured unicellular In accordance with Approval No, 160.064/1187/0, adult, plastic foam "Water Ski U.S.C.G. Specification Subpart 160.064 Model NM, Vest", manufactured in accordance with No. cloth covered unicellular and UL/MD report file No. MQ 7, Type plastic foam "Sport and Ski Vest", manu- U.S.C.G. Specification Subpart 160.064 IV and UL/MD PFD, manufactured by Atlantic- factured in accordance with U.S.C.G. report file No. MQ 47, Type Pacific Manufacturing Corporation, 124 Specification I3 PFD, manufactured by Medalist Subpart 160.064 and UL/ Atlantic Avenue, Brooklyn, New York MD report file No. MQ 274, Typo MI Water Sports, 11525 Sorrento Valley 11201, effective September PFD, Road, San Diego, California 92121, ef- 28, 1976. manufactured by Float Gear, Inc., fective September Approval No. 160.064/1150/0, adult, 707B Arroyo Avenue, San Fernando, Cal- 28, 1976. (It super- Model No. Ski Pro Tech 1, cloth covered ifornia sedes Approval No. 160.064/641/0 dated 91340, effective September 20, March unicellular plastic foam "Buoyant Vest", 1976. 30, 1976 to show change of Model manufactured in accordance No.) with Approval No. 160.064/1188/0, adult, U.S.C.G. Specification Subpart 160.064 Model No. NL,cloth covered unicellular Approval No. 160.064/771/0, child and UIL/MD report file No. plastic foam medium, MQ 18, Type "Sport and Ski Vest", manu- Model No. 6658, vinyl dipped III PFD, manufactured by Cypress Gar- factured in accordance with U.SC.G. unicellular plastic foam "Water Ski dens Skis, Inc., Hoover Road, P.O. Box Specification Subpart 160.064 and UL/ Vest", manufactured in accordance with - 8, Cypress Gardens, Florida 33880, ef- ID report file No. U.S.C.G. MQ 274, Type III PFD, Specification Subpart 160.064 fective September 28, 1976. manufactured by Float Gear, Inc., 707B and UL/MD report file No. MQ 47, Type Approval No. 160.064/1151/0, adult, Arroyo Avenue, San Fernando, California 311 PFD, manufactured by Medalist Model No. Ski Pro Tech 1, cloth covered 91340, effective -September 29, Water 1976. Sports, 11525 Sorrento Valley unicellular plastic foam "Buoyant Vest", Approval No. 160.064/1189/0, adult, Road, San Diego, California 92121, ef- manufactured , in accordance Model No. NXL, cloth fective with covered unicellular September 28, 1976. (It super- U.S.C.G. Specification Subpart 160.064 plastic foam .""Sport and Ski Vest", man- sedes Approval No. 160.064/771/0 dated and UL/MD report file No. MQ 18, Type ufactured n accordance with V.S.C.G. March 31, 1976 to show change of Model i PFD, manufactured by Cypress Gar- Specification Subpart 160.064 and UL/ No.) dens Skis, Inc., Hoover Road, P.O. Box MD report file No. MQ 274, Type III PFD, Approval No. 160.064/772/0, adult 8, Cypress.Gardens, Florida 33880, effec- manufactured by Float Gear, Inc., 707B medium, Model No. 6658, vinyl dipped tive September 28, 1976. Arroyo Avenue, San Fernando, California unicellular plastic foam "Water Ski Approval No. 160.064/1152/0, adult, 91340, effective September 29, 1976. Vest", manufactured in accordance with Model, Model No. Ski Pro Tech 1, cloth Approval No. 160.064/1190/0, child, U.S.C.G. Sepecification Subpart 160.064 covered -unicellular plastic foam "Buoy- Model No.BXS, cloth covered unicellular and UIL/MD report file No, MO 47, Type ant Vest", manufactured in accordance plastic foam "Boating Vest", manufac- III PFD, manufactured by Medalist with U.S.C.G. Specification Subpart tured in accordance with U.S.C.G. Spec- Water Sports, 11525 .Sorrento Valley 160.064 and UL/MD report file No. MQ Ification' Subpart 160.064 and UL/MD

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52931 report file No. MO 274. Type III PFD. Arroyo Avenue, San Fernando. Califor- manufactured by Float Gear. Inc., 707B San Fernando. Califor- manufactured by Float Gear, Inc., 707B nia 91340, for Taperflex of America, 558 Arroyo Avenue, Arroyo Avenue, San Fernando, California Library Street, San Fernando, California nia 91340, for Taperflex of America, 558 91340, effective September 29. 1976. 91341, effective September 29, 1976. Library Street, San Fernando, Califor- Approval No. 160.064/1191/0, child, Approval No. 160.014/1199/0, adult. nia 91341, effective September 2M, 1976. Model No. BSS, cloth covered unicellular Model No. iNMS,cloth covered unicellular Approval No. 160.064/1206/0, adult. unicellular plastic foam "Boating Vest". manufac- plastic foam "Sport and Skil Vest", man- Model No. BMS, cloth covered pl tic foam "Boatin- Ve.", manufao- tured in accordance with U.S.C.G. Spec- ufactured in accordance with U.S.C.G. ification Subpart 160.064 and UL/l'MD Specification Subpart 160.004 and UL/ tured in accordance with U.S.C.G. Spec- 160.064 and UL;LID report file No. MQ 274, Type III PFD, MD report file No. M0, 31, Type III PFD, 4leation Subpart file No. MQ 31. Type IE P D. manufactured by Float Gear, Inc., 707B manufactured by Float Gear. Inc., 707B report manufactured by Float Gear, Inc, 0B Arroyo Avenue, San Fernando, California Avenue, San Fernando, Calfor- Arroyo Arroyo Avenue, San Fernando, Califor- 91340, effective September 29, 1976. America, 558 nia 91340. for Taperflex of nIa 91340. for Taparflex of America, 553 Approval No. 160.064/1192/0, adult. Califor- Library Street, San Fernando. Library Street, S2n Fernando, Califor- Model No. BMS, cloth covered unicellular nia 91341. effective September 29, 1976. plastic foam "Boating Vest", manufac- nIa 91341, eFective SeptEmber 29, 1976. Approval No. 160.004/120/0. adult, Approval No. 160.04/120710, aduI. tured in accordance with U.S.C.G. Spe- Model No. NS.cloth covered unicellular cification' Subpart 160.064 and 1JL/MD Model 1,fo. ES, cloth covered unicellular plastic foam "Sport and Ski Vest", man- plastic foam "Boating Vest", manufac- report file No. MQ 274, Type I1 PFD. ufactured in accordance with U.S.C.G. manufactured by Float Gear, Inc.. 707B tured in accordance with U.S.C.G. Spec- 'Specification Subpart 160.014 arid UiL/ Arroyo Avenue, San Fernando, California iflcation Subpart 160.064 and UL, =D 1ED file No. MQ 31, TyT.e Mii pFD, 91340, effective September 29, 1976. report report file No. MQ 31, Type 1I P.D, Gear. Inc., 707B Approval No. 160.064/1193/0, adult, manufactured by Float manufactured by Float Gear, Inc., 707B California Model No. BS, cloth covered unicellular Arroyo Avenue, San Ferntindo, Arroyo Avenue, San Fernando, Califor- for of Amerlca. 550 plastic foam "Boating Vest", manufac- 91340. Taperfle' nia 91340, for Taperflex of America, 553 tured in accordance with U.S.C.G. Spe- Library Street, San Fernando, Califor- Library Street, San Fernando, Califor- 29, 970. cification Subpart 160.064 and ULIMD nia 91341, effective September nia 91341, effective September 29, 1976. report file No. MQ 274, Type IM PFD, Approval No. 160.064/1201/0. adult, Approval Io. 160.064/1203/0, adult. manufactured by Float Gear, Inc., 707B Model No. 1M, cloth covered unicellular Model No. BM, cloth covered unicellular Arroyo Avenue, San Fernando, California plastic foam "Sport and Ski Vest' man- plastic foam "Boating Ves ", manufac- 91340, effective September 29, 1976. ufactured in accordance with U.S.C.G. tured in accordance with U.S.C.G. Spec- Approval No. 160.064/11910, adult, Specification Subpart 160.004 and UL/ ification Subpart 160.064 and ULM Model No.oBM, cloth covered unicellular MD report file No. MQ 31, Type MI PED. report file No. MQ 31, Type flI PFED. plastic foam 'Boating Vest", manufac- manufactured by Float Gear. Inc., '707B manufactured by Float Gear, Inc.. 7071 tured in accordance with U.S.C.G. Spe- Arroyo Avenue, San Fernando, Califor- Arroyo Avenue, San Fernando, Califor- cification Subpart 160.064 and U1L/&D nia 91340, for Taperflex of America, 558 nia 91340. for Taperflex of America, 558 report file No. MQ 274, Type IM PFD, Library Street, San Fernando, California Library Street, San Fernando, Calif or- manufactured by Float Gear, Inc., 707B 91341, effective September 29, 1976. nIa 91341, effective September 29, 1976. Arroyo Avenue, San Fernando, California Approval No. 160.064/1202/0, adult. Approval No. 160.064/1209/0, adult, 91340, effective September 29, 1976. Model No. NL, cloth covered unicellular Model No. BL,. cloth covered unicellular Approval No. 160.064/1195/0, adult, plastic foam "Sport and Ski Veat", man- plasH foam "Boating Vest", manufac- Model No. BL, cloth covered unicellular ufactured in accordance with U.S.C.G. tured in accordance with U.S.C.G. S,ec- plastic foam "Boating Vest", manufac- Specification Subpart 160.064 and UL/ ificatlon Subpart 160.064 and UL'MD tured in accordance with U.S.C.G. Spe- MD report file No. MQ 31, Type Mfl PFD. report file No. MQ 31, Type I1E PFD. cification Subpart 160.064 and UL/IID" manufactured by Float Gear, Inc., 707B nmanufactured by Float Gear, Inc., 73"' report file No. MQ 274, TypeII PFD, Arroyo Avenue, San Fernando, Califor- Arroyo Avenue. San Fernando, Calffor- manufactured by Float Gear, Inc., 7073 nia 91340, for Taperflex of America, 558 nIa 91340, for Taperflex of America, 558 Arroyo Avenue, San Fernando, California Library Street, San Fernando. Callfor- Library Street, San Fernando, Calffor- 91340, effective September 29, 1976. nia 91341, effective September 29, 1976. nia 91341, effective September 29. 1976. Approval No. 160.064/1196/0, adult, Approval No. 160.064/1203/0, adult, Approval No. 160.064/121010, adult. unicellular Model No. BXL, cloth covered Model No. NXL, cloth covered unicellular Model No. B.M, cloth covered unicelluIar plastic foam 'Boating Vest", manufac- plastic foam "Sport and Si Vest, man- pltic fomn "Eoating Tes", mranufac- Spe- tured in accordance with U.S.C.G. ufactured in accordance with U.S.C.G. tured in accordance with U.S.C.G. Spec- Subpart 160.064 and UL/MD cification Subpart 110.004 and U)L/ Ification Subpart 160.064 and UL!MD report file No. MQ 274, Type MlI PFD, Specification A)I report file No. MQ 31, Type M PFD, report file No. MQ 31, Type III PFD. manufactured by Float Gear, Inc., 707B Float Gear, Inc, 7073 manufactured by Float Gear. Inc., 707B manufactured by Arroyo Avenue, San Fernando, California Fernando, Califor- Arroyo Avenue, San Fernando. Califor- Arroyo Avenue, San 91340, effective September 29, 1976. nia 91340, for Taperftem of America, 553 Approval No. 160.064/1197/0,' child, nia 91340, for Taperflex of America. 558 San Fernando. Callfor- Library Street, San Fernando. Califor- Model No. NXS, cloth covered unicellu- Library Street, effective September 29, 1976. 2D, nIa 91341, lar plastic foam "Sport and Ski Vest", nia 91341, effective September 1970. Approval No. 160.064/121110, child, manufactured in accordance with U.S. Approval No. 160.004/1204/0, child. .1odel No. TCXS, cloth covered unicel- C.G. Specification Subpart 160.064 and Model No. BXS, cloth covered unicellular lular plastic foam "Sport and Ski Vast". UL/MD report file No. MQ 31, Type 3I plastic foam "Boating Vest, manufac- manufactured in accordance with PFD, manufactured by Float Gear, Inc., tured in accordance with U.S.C.G. Speci- U.S.C.G. Specification Subpart 169.064 7073 Arroyo Avenue, San Fernando, fication Subpart 160.004 and UL/MD and UL/MD report file No. MQ 167, Type California 91340, for Taperflex of Amer- report file No. MQ 31, Type fI PFD, II PFED, manufactured by Float Gear. ica, 558 Library Street, San Fernando. manufactured by Float Gear, Inc., 707B Inc., 7073 Arroyo Avenue, San Fernando, California 91341, effective September 29, Arroyo Avenue. San Fernando, Callfor- California 91340, for Taperpro U.S.A., 1976. nia 91340. for Taperflex of America. 558 558 Librarty Street, San Fernando, Cali- Approval No. 160.064/1198/0, child: Library Stfeet, San Fernando, Califor- fornia 91341, effective October 1, 1976. Model No. NSS, cloth covered unicellular nia 91341, effective September 29, 1970. Approval No. 160.064/1212/0, child, TCSS, cloth covered unepl- plastjfoam "Sport and Ski Vest", manu- Approval No. 160.0G4/1203/0, child, Model No. Model BSS, cloth covered unicellular lular plastic foam "Sport and Ski VesV' factured, in accordance with U.S.C.G. plastic foam "Boating Ves', manufac- manufactured in accordance with Specification Subpart 160.064 and UL/ tured in accordance with U.S.C.G. Spec- U.S.C.G. Specification Subpart 160.064 MD report file No. MQ 31, Type III PFD, ification Subpart 160.064 and UL= and UL/1MD report file No. MQ 167, manufactured by Float Gear, Inc., 707B report file No. MQ 31, Type Ir pFD, Typa flI PFD, manufactured by Float

FEDERAt REGISTER, VOL. 41, NO. 233-THURSDAY, DECE1.,CEII 2, 1975 52932 NOTICES

Gear, Inc., 707B Arroyo Avenue, San PFD,manufactured by Eloat Gear, Inc., approved for sizes 11/2", 2", 2 % ", 3", i, ) d Fernando, California 91340, for Taper- 707B Arroyo Avenue, San Fernando, 4", manufactured by Crosby-Ashton, pro U.S.A., 558 Librarty Street, San California 91340, for Taperpro U.S.A., Wrentham, Massachusetts 02093, effcc- Fernando, California 91341, effective Oc- 558 Library Street, San Feinando, Cali- tive September 24, 1976. (It supersedet tober 1, 1976. fornia 91341, effective October 1, 1976. Approval No. 162.001/225/0 dated Augu,-t Approval No. 160.064/1213/0, adult, Approval No. 160.064/1220/0, adult, 11, 1971.) Model No. TAMS, cloth covered unicellu- Model No. TBMS, cloth covered unicellu- Approval No. 162.001/267/0, Cros-by lar plastic foam "Sport and Ski Vest", lar 'plastic foam "Boating Vest", manu- style HN-MS-65-9 nozzle type safety re- manufactured in accordance with U.S. factured in accordance with U.S.C.G. lief valve, Crosby Dwg. B49675 dated Feb- C.G. Specification Subpart 160.064 and Specification Subpart 160.064 and UL/ ruary 15, 1966, revised January 9, 1976, UL/MD report file No. MQ 167, Type fI MD report file No. MQ 167, Type EL approved for a maximum pressure of PFD, manufactured by Float Gear, Inc., PFD, manufactured by Float Gear, Inc., 1200 ps.i.g. at 6500 F., inlet size 3", man- 707B Arroyo Avenue, San Fernando, 707B Arroyo Avenue, San Fernando, ufactured by Crosby Valve and Gage California 91340, for Taperpro U.S.A., California 91340, for Taperpro U.S.A., Company, Wrentham, Massachusetts 558 Library Street, San Fernando, Cali- 558 Library Street, San Fernando, Cali- 02093, effective September 24, 1976. (It, fornia 91341, effective October 1, 1976. fornia 91341, effective October 1, 1976. supersedes Approval No. 162.001/267/0 Approval No. 160.064/1214/0, adult, Approval No. 160.064/1221/0, adult, dated August 11, 1071.) Model No. TAS, cloth covered unicellular Model No. TBS, cloth covered unicellular plastic foam "Sport and Ski Vest", man- plastic foam "Boating Vest", manufac- SAFETY RELIEF VALvES, LIQuEFIED ufactured in accordance with U.S.C.G. tured in accordance with U.S.C.G. Speci- Cor,=unssEo GAS Specification Subpart 160.064 and UL/ fication Subpart 160.064 and UL/MD re- Approval No. 162.018/74/0, Lonergan MD report file No. MQ 167, TypeI PFD, port file No. MQ 167, Type III PMD, man- D-10 Series (D-10D thru'D.-10R), D-12 manufactured by Float Gear, Inc., 707B ufactured by Float Gear, Inc., 707 Ar- Series (D-12D thru D-12R), D-20 Series Arroyo Avenue, San Fernando, Califor- royo Avenue, San Fernando, California (D-20D thru D-20R), D-22 Series (D- nia 91340, for Taperpro U.S.A., 558 Li- 91340, for Taperpro U.S.A., 558 Library 22D thru D-22R) Safety Relief Valves, brary Street, San Fernando, California Street, San Fernando, California 91341, manufactured by J. E. Lonergan Com- 91341, effective October 1, 1976. effective October 1, 197_. pany, P.O: Box 6167, Philadelphia, Penn- Approval No. 160.064/1215/0, adult, Approval No. 160.064/1222/0, adult, sylvania 19115, effective September 24, Model No. TAM, cloth covered unicellular Model No. TBM, cloth covered unicellu- 1976. (It supersedes Approval No. 162.- plastic foam "Sport and.Ski Vest", man- lar plastic foam "Boating Vest", manu- 018/74/0 dated September 2. 1971.) ufactured in accordance with U.S.C.G. factured in accordance with U.S.C.G. Approval No. 162.018/75/0, Lonergan Specification Subpart 160.064 and UL/ Specification Subpart 160.064 and DB-30 Series (DB-30F thru DB-30R), MD report file No. MQ 167, Type III PED, UL/MD report fle No. MQ 167, Type III DB-32 Series (DB-32F thru DB-32R), manufactured by Float Gear, Inc., 707B PFD,manufactured by Float Gear, Inc., DB-33 Series (DB-33F thru DB-33R), Arroyo Avenue, San Fernando, Califor- 707B Arroyo Avenue, San Fernando, DB-50 Series (DB-50F thru DB-50R). nia 91340, for Taperpro U.S.A., 558 Li- California 91340, for Taperpro U.S.A., DB-52 Series (DB-52F thru DB-521). brary Street, San Fernando, California 558 Library Street, San Fernando, Cali- DB-53 Series (DB-53F thru DB-53R) 91341, effective October 1, 1976. ' , fornia 91341, effective October 1, 1976. Safety Relief Valves, manufactured by Approval No. 160.064/1216/0, adult, . Approval No. 160.064/1223/0, adult, J. E. Lonergan Company, P.O. Box 6167, Model No. TAL, cloth covered unicellular Model No. TBXL,cloth covered unicel- Philadelphia, Pennsylvania 19115, effec- plastic foam "Sport and Ski Vest", man- _lular plastic foam "Boating Vest", manu- tive September 24, 1976. (It supersedes ufactured in accordance with U.S.C.G. ufactured in accordance with U.S.C.Q Approval No. 162.018/75/0 dated Septem-. Specification Subpart 160.064 and UL/ Specification Subpart 160.064 and ber 2, 1971.) MD report file No. MQ 167, Type III PFD, UL/MD report file No. MQ 167, Type ML Approval No. 162.018/76/0, Lonergan manufactured-by Float Gear, Inc., 707B PFD,manufactured by Float Gear, Inc., DB-10 Series (DB-10F thru DB-10R), Arroyo Avenue, San Fernando, Califor- 707B Arroyo Avenue, San Fernando, DB-12 Series (DB-12F thru DB-12R), nia 91340, for Taperpro U.S.A., 558 Li- California 91340, for Taperpro U.S.A., DB-20 Series (DB-201 thru DB-20R), brary Street, San Fernando, California 558 Library Street, San Fernando, Cali- DB-22 Series (DB-22F thru DB-22R) 91341, effective October 1, 1976. fornia 91341, effective October 1, 1976. Safety Relief Valves, manufactured by Approval No. 160.064/1217/0, adult, Approval No. 160.064/1224/0, adult, J. E. Lonergan Company, P.O. Box 6167, Model No. TAXL, cloth covered unicellu- Model No. TBXL, cloth covered unicel- Philadelphia, Pennsylvania 19115, effec- lar plastic foam "Sport and Ski Vest", lular plastic foam "Boating Vest'; manu- tive September 24, 1976. (It supersedes manufactured in accordance with U.S. factured in accordance with U.S.C.G. Approval No. 162.018/76/0 dated Septem- C.G. Specification Subpart .160.064 and Specification Subpart 160.064 and ber 2, 1971.) UL/MD report file No. 167, Type III PFD, UL/MD report Me No. MQ-167, Type III Approval No. 162.018/77/0, Lonergan manufactured by Float Gear, Inc., 707B PFD,manufactured by Float Gear, Inc., D-30 Series (D-30D thru D-30R), D-32 Arroyo Avenue, San Fernando, Califor- 707B Arroyo Avenue, San Fernando, Cal- Series (D-32D thru D-32R), D-33 Series, nia 91340, for Taperpro U.S.A., 558 ifornia 91340, for Taperpro U.S.A., 558 (D-33D thru D-33R), D-50 Series (D- Library Street, San Fernando, California Library Street, San Fernando, California 50D thru D-50R), D-52 Series (D-52D 91341, effective October 1, 1976. 91341, effective October 1.1976. thru D-52R), D--53 Series (D-53D thru Approval No. 160.064/1218/0, child, SAFETY VALvES (POWER BOILERS) D-53R) Safety Relief Valves, manufac- Model No. TBXS, cloth covered unicellu- tured by J. E. Lonergan Company, P.O. lar plastic 'foam "Boating Vest", manu- Approval No. 162.001/224/0, style HN- Box 6167, Philadelphia, Pennsylvania factured in accordafice- with U.S.C.G. MS-35-6, carbon steel body pop safety 19115, effective September 24, 1976. (It Specification Subpart 160.064 and UL/ valve, exposed spring, maximum pres- supersedes Approval No. 162.018/77/0 MD report file No. MQ 167, Type I PFD, sure 900 ps.i., maximum temperature dated September 2, 1971.) manufactured by Float Gear, Inc., 707B 6500 F., approved for sizes 11/2, 2", 21/211, Arroyo Avenue, San Fernando, Califor- 3", and 4", manufactured by Crosby- BACKFIRE FLAME CONTROL, GASOLINE E- GINES FLAME AnREsTrEas FOR MERCtIAN4T nia 91340, for Taperpro U.S-A., 558 Li- Ashton, Wrentham, Massachusetts brary Street, San Fernando, California 02093, effective September 24, 1976. (It VESSELS AND MOTORBOATS 91341, effective October 1, 1976. supersedes- Approval No. 162.001/224/0 Approval No. 162.041/44/0, Volvo back- Approval No. 160.064/1219/0, child, dated August 11, 1971.) fire flame arrester assembly without Model No. TBSS, cloth covered unicellu- spacer flange Identified as Model 825001 lar plastic foam "Boating Vest", manu- Approval No. 162.001/225/0, style HN- or with spacer flange Identified as Model factured in accordance with U.S.C.G. MS-36-6, carbon steel body pop'safety 834418, assembly consists of an arresting Specification Subpart 160.064 and UtL/ valve, -exposed spring, maximum pressure element; housing and cover with an MD report file No. MQ 167, Type III 850 p.s.l., maximum temperature 750 P., optional spacei flange and hose attach-

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52933

ment, manufactured by Volvo-Penta of tion in that the height of the opening Standard No. 208 requires seat belt America, Inc., P.O. Box 1546, Chesapeake, is 11 inches greater than Is required. assemblies to adjust by means of an Virginia 23320, formerly Chrysler Corpo- Petitioner has submitted photographs emergency-loching or automatic-locLing ration, effective September 24, 1976. (It showing three different human subjects retractor. Petitioner has reported that it supersedes Approval No. 162.041/44/(Y exiting through both the noncompliant manufactured 1,576 CitiCar passenger dated September 16, 1975 to show minor opening and one that meets the mini- cars between January 24, 1975, and Au- changes.) mum requirements of Standard No. 217, gust 7, 1976, with seat belt assemblies Approval No. 162.041/134/0, Volvo- which it believes demonstrates that It is lacking the required retractors. In sup- Penta flame control device, stainless steel "easier, safer, and faster to escape" port of its petition Sebring Vanguard cover, brass elements 0.016" thick, Model through the Prevost opening. Thee citcd "the small number of vehicles in No. 886662, shown on Volvo-Penta dwgs. photographs are available for examina- use by the public" and the adverse finan- 886662,-886600, 824663, B27004, 824699, tion in the agency's docket room, as in- cial impact-upon the company that a 824915 through 824920, and 824734, this dicated below. notification and remedy campaign would approval is for flame arresting elements Petitioner has not yet supplied the entail. Conforming assemblies, however, and housing only, carburetor assembly is number, model, and production period of are available and.will be used in future not included, identical to U.S.C.G. Ap- the buses involved but has been asked to production. Finally, the company be- proval No. 162.041/113/0 with air inlet do so. This material will be filed in the ieves that it is making a contribution to silencer added, inlet air silencer is for docket when it is received. the development of a practical alterna- dual carburetor engine, manufactured by This notice of receipt of a petition Is tive to the Internal combustion engine by Volvo-Pena of America, Inc., P.O. Box published under section 157 of the Na- marketing its electric vehicle. 1546, Chesapeake, Virginia-23320, effec- tional Tiaffic and Motor Vehicle Safety This notice of receipt of.a petition is tive September 24. 1976. (It supersedes Act (15 U.S.C. 1417) and does not repre- published under section 157 of the Na- Approval No. 162.041/134/0 dated Au- sent any agency decision or other ex- tional Traffic and Motor Vehicle Safety gust 11, 1971.) ercise of judgment concerning the merits Act (15 U.S.C. 1417) and does not repre- of the petition. sent any agency dedision or other exer- Dated: November 22,1976. Interested persons are Invited to sub- cise of judgment concerning the merits W. AT. BENKERT, mit written data, views and arguments of the petition. Rear Admiral, United States on the petition of Prevost Car, Inc. de- Interested persons are invited to sub- Coast Guard, Clh-ff. Office of scribed above. Comments should refer to mit written data, views'and arguments on MerchantMarine Safety. the docket number and be submitted to: the petition of Sebring. Vanguard, Inc.. deribed above. Comments should refer [FR Doc.76--35006 Filed 12-1-76;8:45 aml Docket Section, National Highway Traf- fic Safety Administration, Room 5108, to the docket number and be submitted *400 Seventh Street, SW,, Washington, to: Docket Section, National Highway National HighWayTraffic Safety D.C. 20590. It is requested but not re- Traffic Safety Administration, Room Administration quired that five copies be submitted. 5103, 400 Seventh Street, SW., Washing- [Docket No. IP76-11; Notice 1] All comments received before the close ton, D.C. 20590. It is requested but not re- of business on the comment closing date quired that five copies be submitted. PREVOST CAR, INC. indicated below will be considered. The All comments received before the close Petition for Exemption From Notice and application and supporting materials, of business on the comment closing date Recall for Inconsequential Noncompliance and all comments received after the indicated below will be considered. The application and supporting materials, Prevost Car, Inc. of Ste. Claire, Que- closing date will also be filed and will be considered to the extent possible. When and all comments received after the clos- bec, Canada, has petitioned to be ex- ing date will also be filed and will be empted from the notification and the petition is granted or denied, notice will be published in the FEDERAL RaxsTxn considered to the extent possible. When remedy requirements of the National the petition is granted or denied, notice Traffic and Motor pursuant to the authority indicated be- Vehicle Safety Act low. will be published in the FrarmLR== _(15 U.S.C. 1381, et seq.) for an apparent pursuant to the authority indicated noncompliance with 49 CFR 571.217, Comment closing date: January 3, below. 'Motor Vehicle Safety Standard No. 217, 1977. Comment closing date: January 3,1977. Bus Window Retention and Release, on (Sec. 102, Pub. L. 93-492. 88 Stat. 1470 (15 the basis that it is inconsequential as it U.S.C. 1417); delegations of authority at 49 (Sec. 102, Pub. L. 03-492, 83 Stat. 1470 (15 relates to motor vehicle safety. CFR 1.50 and 49 OF& 501.8.) U.S.C. 1417); delegatlons of authority at 49 Paragraph S5.2.1 of Standard No. 217 CFR 1.50 and 49 CER 5012.) issued on November 24, 1976. requires in part that the emergency roof Issued on November 24,1976. exit on a bus with a GVWR of more ROBERT L. CARTER, than 10,000 pounds provide "an opening Associate Administrator, RoBEaR L. CAar, large enough to admit unobstructed pas- Motor Vehicle Programs. Associate Administrator, sage, keeping a major axis horizontal at Motor Vehicle Progras, Piled 12-1-70;8:45 am] all times, of an ellipsoid generated by [FR Doc.76-35231 [FR Dec.73-33233 Filed 12-1-76;8:45 aml rotating about its minor axis an ellipse having a major axis of 20 inches and a [Docket No. IP76-12; Notice 11 minor axis of 13 inches." The ellipsoid Office of the Secretary SEBRING VANGUARD, INC. simulates the cross section of the human TRANS-ALASKA CRUDE OIL PIPELINE. body. Thisrequirement must be met Petition for Exemption From Notice and when the bus is ,oveturned on either Recall for Inconsequential Noncompliance Decision on Petition for Waiver of Girth Weld Regulations side. Therectangle formed by the Prevost Sebring Vanguard, Inc. from its na- opening 'should have had its long sides tional sales office at Columbia, Maryland, (OPSO Docket No. 76-12W; Notice 61 (24 inches) parallel to the sides of the has petitioned to be exempted from the I. BAcxarouxa bus but- instead the short sides (17 notification and remedy requirements of inches) are parallel to it. This means the National Traflic and Motor Vehicle A. Introduction. In January 1963 oil that the ellipsoid (20 inches) fails by a Safety Act (15 U.S.C. 1381 et seq.) for was discovered at Prudhoe Bay on the margin of lT/inches on each side to pass an apparent noncompliance with 49 northern slope of Alaska. The Prudhoe through the emergency roof exit. Petitioner's argument -that the non- CFR 571.208, Motor Vehicle Safety Bay field, which stretches about 30 miles coipliance is inconsequential as it re- Standard No. 208, Occupant Crash Pro- east-west and as much as 12 miles north- lates to notor vehicle safety is that al- tection, on the basis that It is inconse- south, consists of three different oil res- though" the width of thi opening is 3 quential as it relates to motor vehicle ervoir at depths between 5,500 and 10,- inche too narrow, there is a compensa- safety. 500 feet. Recoverable reserves from the

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, QECFJABE 2, 1976 52934 NOTICES

Prudhoe oil pool are estimated at 9.6 that system is generally described in the our most pristine geography. Approxi- billion barrels of oil and 26 trillion cubic final environmental impact statement is- mately half the 800-mile pipeline Is bur- feet of gas. suediby DOI-on March 20, 1972. ied, half Is elevated. It is burled In per- In June 1969 application was made to On January 12, 1974, the Secretary of mafrost, crosses unspoiled rivers and the Department of the Interior (DOI) for the Interior and the seven owner oil com- streams, and scales high mountains as it a right-of-way permit to build a pipeline panies signed the Agreement and Grant follows a route through spectacular flood across Federal lands in Alaska. In De- of Right-of-Way for the TAPS.- The plains, around glanrs and through pic- cember 1969 the National Environmental owner oil companies formed the Alyeska turesque canyons. Policy Act (NEPA) was enacted. It re- Pipeline Service Company (Alyeska), a B. Summary of weld defect problem. quires each agency of the Federal Gov- consortium to design, construct, and op- The agreement and Grant of Right-Of- ernment, before taking action, which erate the pipeline. Those seven "original Way executed by Alyes-ka and DOI stipu- might have an impact on, the environ- permittees" have increased to eight, with lates, among other things, that Alyesla ment, to consider alternative courses of a resulting shift in the original owner- shall design, construct, and operate the action and, after soliciting the views of ship shares. The new owner was British pipeline in accordance with Department other Federal agencies which have juris- Petroleum Pipelines, Inc. (BP), 'which of Transportstion (DOT) safety stand- diction over the environmental matters had previously exercised its. interest ards. Under the authority of the Tras- involved, to publish a statement describ- through Sohio Pipe Line Company. portation of Exploslves Act (18 USC 831- ing fully the environmental impact as- The original and current ownership of 35), the Office of Pipeline Safety Opera- sumed to result from the proposed action Alyeska is as follows: tions (OPSO) in the Materials Trans- to be taken. [In percentI portation Bureau (MTB) of DOT has In March 1970 a group of private con- established safety regulations for the servation organizations filed a lawsuit Ownf-r ceompanks Original Current design, construction, operation, and against the Secretary of the Interior in liare share maintenance of pipelines operated by the U.S. District Court for the District carriers engaged in Interstate and for- of Columbia. A .preliminary injunction Sobio Pipe Line Co------28. 08 33.3t eign commerce which transport liquid was granted in April 1970 restraining the ARCO Pipe Line Co ------,..0s 21.00 hazardous materials, including petro- Exxon Pipeline Co ------Z. 52 20.00 Secretary of the Interior from issuing a BP Pipelines, Ine ...... ------1%.81 leum and petroleum products (49 CFR permit for construction of the pipeline Mobil Alaska Pipeline Co ------. 6S 5.00 Part 195). until the requirements of XEPA were Union Pipeline Co -----.--- 3.32 1.66 Phillips Petroleum Co ------3.32 1. 6 The DOI-Alyeska agreement Imposes met. Amerada Hess Corp ------3.00 1.50 two requirements that exceed the re- During 1971 DOI prepared and proc- Total ------quirements of DOT pipeline safety regu- essed a draft environmental impact 100.00 100.00 lations. First, DOT requires that the statement. In March 1972 the Secretary quality of the girth welds of a liquid pipe- of the Interior issued the final environ- The TAPS is a 48-inch diameter, 800- line be. tested by one of a variety of non- mental impact statement and in May mile long pipeline traversing Alaska from destructive Inspection methods (49 CFR 1972 announced his intention to issue'the the northern slope at Prudhoe Bay to the 195.234(a)). The 'DOI-Alyeska contract construction permit. / ice-free port of Valdez on the southern specifies that such nondestructive test- On August 1972 the'U.S. District Court coast. The pipeline traverses 574 miles of ing on the main line be performed by for the District of Columbia ruled that Federal land 472 percent of the route), means of radiography. Secondly, the the environmental impact statement 187 miles of State of Alaska land (23 per- DOT regulations require that only 10 "reasonably met all requirements" of' cent) , and 39 miles of private lands (5 percent of a welder's daily output be NEPA and lifted the injunction prohibit- percent). The pipeline initially will have tested nondestructively, except in the ing the issuance of the pipeline permits. eight pump stations -and will deliver case of welds under rivers, streams, and The environmental groups appealed to 800,000 barrels per day. Within six other bodies of water, under rail and the U.S. Court of'Appeals for the District months the flow rate will be increased to highway rights-of-way, and other spec- of Columbia Circuit. On -February 9, 1,200,000 barrels per day. The maximum ified locations, where 100 percent test- 1973, the Court of Appeals reversed the capacity of the line (2,000,000 barrels ing is required (49 CFR 195.234(d) and DiStrict Court ruling and ordered the per day, or approximately 10 percent of (e)). DOI has required that all mainline District Court to reinstate the injunction United States daily consumption) would girth welds be tested. because the Secretary's peinit had ex- require a total of 12 pump stations. At The possibility of a problem regarding ceeded the width of the right-of-way present, however, there are not any firm the field girth weld quality first came to permitted under the Mineral Leasing Act plans to install those -four additional the attention of OPSO In early Septem- of 1920. pump stations. ber 1975, when Peter Kelley sued his Following that decision, Congress de- The pipe -for the main line was manu- former employer, Xetchbaw Industries. bated the merits of the proposed pipeline factured in Japan in 1970 in approxi- Ketchbaw was the contractor providing during the spring and summer of 1973. mately 100,000 40-foot and 60-foot sec- radiographic Inspection of girth welds on On November 16, 1973, Public Law 93-153 tions. At plants in Fairbanks and Val- the sections of the pipeline south of the was enacted amending the Mineral Leas- dez, Alyeska welded most of the 40-foot Yukon River. (The pipeline Is divided In- Ing Act of 1920 to increase the width of sections into 80-foot sections before dis- to five construction sections. Ketclibaw the right-of-way that the Secretary of tributing them to the pipeline right-of- did the radiography in Sections 1, 2 and the Interior could grant and authorizing way. 3.) The suit alleged falsification of some construction of the trans-Alaska pipeline As in the case of all pipeline construc- radiographs by IXetchbaw. system (TAPS). Title II of Public Law tion projects, the task of connecting On an inspection trip made during the 93-153 directed the Secretary and other some 60,000 sections of 48-inch-ptpe last two weeks in September 1975, OPSO appropriate Federal offices and agencies under field conditions includes proce- was informed of Alyeska's efforts to to issue and take all necessary action to dures for control of the quality of weld- audit the radiographs of girth welds. The administer and enforce rights-of-way, ing operations because the consequences purpose of this audit was to determine permits, leases, and other authorizations of an improperly-made weld could be how many welds did not have a cor- necessary for, or related to, the construc- substantial. The rupture of an oil or gas responding radiographic record and how tion, operation, and maintenance of the pipeline -under pressure is a potential many welds failed to meet DOT stand- TAPS, including roads and airstrips, as threat to the personal safety of anyone ards for quality. On- October 31, 1975, in the vicinity, can cause property dam- OPSO received the Alyeska audit report 1"Agreement and Grint of Right-of-Way age and, of course, results in the eco- for Section 3 of the pipeline. About the for Trans-Alaska Pipeline between the United nomic loss of the petroleum or gas. Of time of the receipt of the first audit re- States of America and Amerada Hess Cor- poration, et al." U.S. Government Printing primary Importance in the TAPS, how- port, OPSO was advised that the audit OMce: 1974-530-013. ever, is the potential damage to some of would extend to the entire pipeline.

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52935 (NBS) to prepare jeopardize the Integrity of either the welds -ield girth welding of the pipeline was Bureau of Standards involved or the pipeline system as a whole essentially halted due to winter condi- an analysis of test procedures and and, further that It i- not In the national tions from November 1975 to March 1976. methodology used by Alyeska and an Interest to excavate these welds to perform During the last week in March, DOT was assessment of the adequacy of the statis- repaih necesary to place them in strict informed by DOI that the Alyeska audit tical data base accrued In the course of compliance with applicable regulations. The was nearing completion and that a large their tests. NBS was also requested to w eld3 for which exemptions are ... requested number of welds and radiographs were provide its evaluation of any submitted only nominally fail to meet the dimensional found to be irregular. In early April, DOT fracture mechanics analysis, specifically limitations of applIcable regulations. It including provision for safety margins would serve no useful purpose to require wrote to DOI- and to Alyeska requesting remedil wori to literally comply with the a complete briefiing on the weld quality taking into consideration defect measure- regulations when the remedial work will not problem. ment uncertainties, projected normal op- contribute to the strength of the welds nor In response to this request, a meeting erating conditions, abnormal loading, to the ntegrity of the Pipeline System" was held in Anchorage on May 4 and 5, fatigue cycling, corrosion fatigue cycling, 1976, at which representatives of DOI, anticipated temperature ranges, and With respect to thb fracture mechanics other environmental conditions. study submitted in support of its petition, the State of Alaska, Alyeska, and DOT Alyeska stated: s were present. The scope, procedures and On August 12, 1976, OPSO issued a results of the audit were summarized. public notice stating that Alyeska had That Study proposs alternative allow- The complete audit" covered the esti- dvised DOT that it expected to petition able Ilaws for all types of weld discontinui- for waivers of provisions of DOT's pipe- tie. other than crac. The Study supports mated 30,800 radiographs of girth welds the proposed alternative allowable weld flaws - taken in 1975. The radiographs had been line safety regulations applicable to girth by fracture mechanics analyses using the read and reinterpreted and identifying welds on the TAPS (41 FRH 34375, Au- worst case fatigue stress spectrum. The cracz features of each of the radiographs had gust 13, 1976), and that it was antici- growth aualyses In the Study account for been put into a computerized data bank. pated that the petition would be sup- both cyclic and sustained stresses In the The audit identified 3,955 girth weld-ir- ported by a fracture mechanics analysis. mo:t deleterious cervice envlronments and regularities. Accordingly, in that notice OPSO set temperatures which will be present during were forth a preliminary determination of the operation or the Trans-Alasta Pipeline The girth weld irregularities System. separated into two general categories. information and data required for The final output or the Study at Part a in- processing any request for a waiver to The first category concerned missing, 0' conwst3s of proposed allowable flayw complete, duplicate, or otherwise de- allow girth weld defects or are burns not size diagrams plotting weld discontinuity fective radiographs of certain welds. piesently allowed by 49 CFR Part 195. depth versus weld discontinuity length In The second category concerned welds Subpart D, on the basis of a fracture accord with Requirement I of the Notice which, as a result of the Alyska audit, mechanics concept. In that same notice I PRzmsn . Notice o Anticipated Pet.- were found to be in violation of DOT reg- it was announced that NBS was serving tion for Waiver (41 FP&-i375, August 15, ulations. The DOT regulations in 49 CFR as technical consultant to OPSO and that 1070) 1. which Incorporates multiple safety and NBS evaluations and analyses would be factors resulting In highly conservative fla. 195.226 require repair of arc burns We request that discontinuties with dimen- in 49 CFR 195.228 require that welds be made part of the record of proceeding on Elons which fall below the applicable cur;e in accordance with Section 6 of Amer- any petition that Alyeska would file that be accepted under Requirement I of the No- ican -Petroluem Institute Standard 1104 relies upon the fracture mechanics anal- tice without 'urther remedial worle and that for Welding Pipelines and Related Facil- ysis. OPSO was given technical advice by exemptions from the requirement- of ap- ities (13th ed. 1973) CAPI 1104), which is NBS in the formulation of the conditions plIcable reglations be granted with respsct incorporated by reference in the regula- for a waiver included in the notice, in- to all weld3 Identillcd In Appendix I conun- tions. The majority of the weld irregu- eluding prelminary guidelines specifying Ing such discontnuities. larities which fell into the second cate- safety factors to be applied to the The petition requested that Parts 1, gory are welds which, because of size or measurements of defects of two for length 2. and 3 of Alyesls's "Fracture Me- type of defect, did not meet the standards anfl depth, and an additional safety fac- chanicm Study of Buried Girth Welds" be of acceptability established by Section 6 tor of -two for depth of planar defects made part of the record in this proceed- of API 1104, as referenced n'49 CFR when determined from radiographs. Ing. The 612 welds were represented by 195.228. • Docket No. 76-12W was established by Alyeska to have discontinuities deter- As a result of its audit, Alyeska in OPSO at that time to receive any writ- mined by radiographs to be in excess of M&y 1976 initiated a remedial weld pro- ten views or comments that interested the standards for acceptable welds set gram to repair, replace, or reradiograph persons wished to submit concerning the forth in Section 6 of API 1104, incorpo- each of the 3,955 irregularities. general discussion of the anticipated rated by reference in 49 CFR 195.228, or On August 5, 1976, Alyeska announced waiver petition, the statement of evalua- deviations from the standards in 49 CFR in a news release that it "will apply at tion requirements or the description of 195.226 relating to arc bums. this time for exceptions to strict pipeline the required information and data set On September 10, 1976, Alyeska sub- weld, specifications for 11 welds burled forth in that notice. Persons planning to mitted the fourth and final part of its beneath rivers" and "that other applica- file comments on that notice or on the tions mfay be filed later." Alyeska also in- anticipated petition who wished to be fracture mechanics study and requested dicated in that news release that in served with copies of future notices is- that it be made a part of the petition for support of its petition, it would present sued by OPSO in the matter were in- waiver. In that submission, Alyeska aLzo the results of tests being conducted by vited to file requests to be placed on the prezented a discussion of the safety fac- or for the British Welding Institute Notice Iailing List for Docket No. 70- tor OPSO required for consideration of (BWD. Those 'tests were intended to 12W. a petition in the August 13 notice (411. establish fracture toughness of girt On September 1. 1976, Alyeska flied a welds and parent metal by use of the petition for exemption from the require- 34375). Alyezs-a stated that: crack opening displacement (COD) ments of 49 CFR 195.228 and 49 CFR It seems appropriate - - - either l1)tt"t method, and impact toughness by use of 195.226 for 612 individual welds in the the multiple cafety factors be replaced by a the Charpy-V-notch test. The material hlgnlo factor applied to both dimensions of TAPS. OPSO issued a public notice of the critical defect size calculated from all of property values are needed for and were that petition.' In support of its petition, the worst caza conditions, the magnitude of used in a fracture mechanics analysis in- Alyeska asserted that: which should be In the order of 1.5 or 2, or tended to estimate the effects of weld ... the material trancaitted in support (2) that calculated defect depth be limited flpws of various types and dimensions on of this petition demonstrates that the In all cases to the depth of one weld layer, the risks of crack.formation and crack presence of the discontnultie in the welds Le.. 0.030 inch. including all safety factors. propagation. for which exemptions are requested does not In order to assist in the evaluation of Subsequently OPSO Issued three more fracture mechanics, OPSO, early in July public notices concerning the status of 1976,- contracted with the National 241 FR 38810. September 13.1976. the Departmental evaluation of this pe-

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52936 NOTICES titlon. The notice of October 7 A draft report of the Panel's evalua- for commencement of pipeline opera- announced that the comment period had tion entitled "Report of Panel on Frac- tions in 1977. For some streams with been reopened to the close of business-on ture Mechanics as a Method for Evalu- possible defective welds, the 1976 fish October 28, 1976, and that the Deputy ating the Structural Integrity of the window has already passed. This position Secretary of Transportation would con- Girth Welds on the Trans-Alaska Pipe- (Alyeska's) also emphasizes the possi- duct a public hearing on that date. The line," and dated October 25, 1976, was bility of damage (some of which may go purpose of the hearing would e to de- placed in the docket on that date. The undetected) to the pipeline during the termine (1) whether a fracture mechan- Panel's final report, 4rarying only edito- identification or correction processes, ics analysis can properly serve as an al- rally from its draft report, was subse- with consequent lessening of the Integ- ternate to 49 CFR Part 195 for these quently placed in the docket. rity of the pipeline. Alyeska's representa- welds and, If so, (2) whether the C. Environmental considerations. A tives also argue that all understream docketed material provides a valid basis broad range of environmental issues was crossing sections were hydrotested at the for applying a fracture mechanics an- raised during the planning and con- time of their construction.' alysis to the girth welds identified In the struction of the pipeline. One major con- Under the latter view, where the de- petition. cern Is protection against an oil spill fects are "minor" and not thought to The original number of 612 welds listed when the pipeline is in operation. In this pose a threat to the integrity of the line, in Alyeska's September 1 petition was re- regard' the environmental concern about or where it is simply a matter of checking duced through periodic withdrawals pipeline construction quality is virtually for possible defects, the argument ad- made by Alyeska to reflect repairs com- Identical to the safety concern, and max- vanced by Alyezka Is thatthe cure could pleted under its remedial weld program. imum environmental protection should prove worse than the supposed Illness. Alyeska, by letters dated September 10, be achieved by continued assurance that 16, and 24; October 1, 8, 13, 19, and 28; the structural integrity of the pipeline is' IL Drcisxox; and November 4 and 24, submitted re- not compromised during construction. On the bazis of a comprehensive revised lists showing the welds which were A second category of environmental view of all relevant material gathered repaired since the previous submission. aspects concerns construction effects, during the decisionmaking process, and As of November 18, 34 unrepaired welds arising principally from the disturbance after careful deliberation and consulta- and arc burns remained. Table I cate- or destruction of portions of the natural tion with DOT experts, I have decided for gorizes the type of defects, their location environment along the pipeline route. Specific construction impacts include the reasons set forth below to grant ex- on the circumference of the girth weld, from compliance with DOT the g6ographical location and the en- erosion, siltation, fish and wildlife dis- emptions vironmental aspects of that location.4 ruption, water quality, tundra destruc- welding standards 49 CFR 195.220 and. On October 1, 1976, NBS briefed DOT tion, and melting of pprmafrost. In gen- 195.228 for three specific girth welds of regarding its work, and described the eral these impacts do not appear to be the TAPS and to deny exemptions for information obtained and the current especially severe, in view of the magni- the remaining 31 girth welds listed in the status of the NBS fracture mechanics tude of the pipeline project and the vast- Alyeska waiver request and not yet re- analysis and weld defect measurement ness of the area through which it passes, paired by Alyeska. assessment for the girth welds up to that coupled with care exercised by Alyeska The three welds for which exemptiow time. In addition NBS provided a writ- in the construction work. are granted, weld numbers 90010, ten preliminary report summarizing that While the ovbrali quality of Alyeska's 90008R,,and 90021 in the Alyeska peti- briefing for the docket. The final, two work and the degree of its adherence to tion, contain a total of seven known de- volume, report titled "Consideration of the stipulations affects each of these fects. The three welds are located In tha Fracture Mechanics Analysis and Defect areas, the major concerns involved in area of the crossing of the Middle Fork Dimension Measurement Assessment for any program of identifying and correct- of the Koyukuk River. the Trans-Alaska Oil Pipeline Girth ing weld defects are impacts on marine The Middle Fork Is located In the Welds (NBSIR-76-1154)" was-submitted life in various streams. There Is agree- Yukon River.drainage basin north of the to OPSO on October 18, 1976. ment among environmental specialists Arctic Circle. The river is a typical In addition to technical support from that fisheries impacts are the major "braided" staeam with one or more chan- NBS, a panel of five experts (Panel) was problem in this area. There is not agree- nels, flowing through gravel or rocky convened on October 21 and 22 to assist ment as to the degree of seriousness. On areas and with frequent shifts or mean- DOT in evaluating fracture mechanics the one side It is claimed that the Im- ders of the min channel. The river sup- as a technique in determining the struc- pacts of digging up pipe from stream ports populations of several fish species, tural integrity of the TAPS. The 15anel beds for inspection and correction of The fish population Is considered to be of experts and their areas of expertise defects can be achieved without serious degradation of fisheries If the stipula- critically sensitive to disturbances In the were: Dr. Herbert.T. Corten, Professor river during the period from April 1 to of Theoretical and Applied Mechanics, tions are followed car'efuly, particularly October 30, and somewhat sensitive year University of Illinois (expert in fracture by scheduling work within established '"fsh windows!' round. mechanics analysis); Dr. Matthew The three welds are burled at a depth Creager, President of Del West Asso- Others argue that the impacts of de- of approximately 17 feet. They are not ciates (expert in fracture mechanics fect corrections on fisheries may be se- located within the limits of the present analysis and testing); Dr. Robert C. vere. They note that substantial understream channel, although this could McMaster, Regents Professor of Welding water excavation-with .consequent sil- change as the channel shifts during the and Electrical Engineering, Ohio State tation-could be required, up to 35' deep coming winter. Because of a high water University (expert in metallurgy, weld- in some cases with 3:1 or 4:1 side slopes. ing, nondestructive" testing and radiog- table and the nature of the stream bed, raphy); Dr. Warren F. Sayvage, Professor They also note that it would be Impos- any repairs of these welds would require risk of of Metallurgy and Director of.Welding sible to do this work within established large bell holes and considerable Insti- fish windows and still meet the schedule siltation to the stream and consequent Research, Rensselaer Polytechnic impact on the fish population, It ap- tute (expert In metallurgy and welding) ; pears, therefore, that a decision not to and Edward Criscuolo, Naval Surface SFish windows are those periods when con- Weapons Center (expert in welding and structloS can be undertaken in a given radiography). stream with little or no damage to its native oAlthough the preigat ailation hydrotest of fish. In some streams the annual fish win- river sections does nbt satisfy the require- dow may be an short as one month; in others ments of DOT regulations, before the pipe- 341 .'a 41.737, September 23; 41 FR 44207, October 7; and 41 FR 46488, October 21, 1976. it may be much longer. Depending on the line can be operated all such sections will be 4Tables and graphs referred to in the body location of the stream and the species inhab- subjected to another hydrotest which mcts' of this document are contained In the iting it, the fish window may occur at vir- the requirements In 49 OVR PFart 10, Sub- Appendix. tually any time of the year. part E.

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52M,' grant the requested exemptio s for these tions from existing standards without analysis, which is more complex than three welds would result in some adverse compromising pipeline lntegritfy ad LEEMmanalysis because the streszez- in environmental impact. while the decision secondly, whether the docketed techni- the structure cannot be analyzed using to grant the exemptions will not have cal information is adequate to enable a exact mathematfcs any adverse environmental impacts on fracture mechanics analysis to be niado The various fracture mecharnics anal- the stream or its fsh population if the of the defects in the TAPS weld- that yses performed specifically for the TAPS known defects do not present a risk of have been Identified by radiography ,a- are de-cribed in Part V and are sum- failure of the girth welds. failing to comply with DOT standards marized by the curi'es illustrated in Fig- On the basis of the results of expert and which have not been repaired. ure. 1-6 in the Appendix. These curves engineering analyses 2nd conservative These two issues are discused in Parts were derived using independent failure measurements and predictions, I have I and IV of this document. respectively, models that incorporated either LE=1 determined that the existence of the and my resolution of these issues in Part methods modified to account for plas- identified defects does not constitute a V. The DOT assessment of the public ticity or direc, EPFM analvticl methods. risk of failure at those connecting points comments on the various issues in thit Indeed, the fact that these different during the expected lifetime of the pipe- matter are set forth In the Appendi: amnlyses produced strallar results was an line. I have concluded. therefore, that (A-1 to 12). Important factor in my determination .reexcavation to repair those welds, with that fracture mechanics analysis could its attendant impact on the ecology of IIM FRACzurx lEcHzncs As A B.,%sis Foi In fact be applied to ductile materials the river, GRANlTING E EP11OrS n-OIu EisTn.G is not necessary. WIn STAINARDS such as the pipeline steel. Of the 31 remaining unrepaired welds The second specific question related to in the Alyeska Petition, eight were found Fracture mechanics is the study of the issue of the adequacy of fracture to be unacceptable and 21 were found to the effects of defect size and orientation mechanica analysis as a basis for grant- be acceptable on the basis of the fracture on the ability of a structure containing ing exemptions from existing standards mechanics analysis. Two welds were not cracks to resist fracture. This analysis Involves the treatment of noncrack de- evaluated because defect dimensions permitsl quantitative estimation of the fects as cracks in order to perform a were not provided. Thus, in addition to growth of cracks during the lifetime of fracture mechanics analysis. Fracture the three welds under the Koynkuk a structure. Many precedents exist for mech cs provides methods for esti- River, only 21 welds not yet repaired the use of fracture mechanics to evalu- mating the rate of growth and the ulti- might have been accepted. DOThas been ate the integrity of structures. Fracture mate size and stability of sharp cracl:s. informed, however, that 'the excavation analysis is used in the design of aircraft In material structures subjected to ap- has been completed to expose those 21 and space vehicles,-electrical power gen- plied loads. All DOT experts and con- welds in preparation for their repah. erating equipment, including nuclear sultants agree, on the basis of fracture (The eight unacceptable and two un- pressure vessels, and ship cargo tals mechanics analysis, that the effect of evaluated welds have also been re- used to carry liquefied natural gas. More estimated maximum stresses on sharp excavated for repair.) As a consequence, recently fracture mechanics has been cracLs over the lifetime of the pipeline most of the environmental and cost im.- applied to pipelines used to transport can be estimated, and that on this basis pacts of reexcavation, upon which oil from North Sea drilling rlg3 to Great some welds containing cracks might be Alyeska based its rwaiver petition, can- Britain and Norway. loyd's Register of considered as candidates for exemption not be avoided by grantin waivers for Shipping (London. Enrland) and Det from compliance with 49 CFR Part 195. those welds. Norske Veritas (Oslo, Norway), the agen- They argue, however, that acceptance of Moreover, the fracturemechanics anal- cies concerned with these pipelines, both ouch an alternative for actual cmels ysis submitted by Alye.ka in support of employ this analytical methodolouy to could constitute an unnecessary devia- their waiver petition, wbile technlcally resolve critical questions relative to pipe- tion .from that standard, the require- sound in general, contains some elements line safety. ments of which are that all welds con- of theoretical uncertainty when applied The issue of the adequacy of fracture talining cracks shall be replaced. to the problem of gauging the structural analysis as a basis for granting exemp- In order to analyze the possible growth integrity of the TAPS, and the empirical tions from existing standards can be re- of noncrack defects, however, all experts verification is very limited Until such solved if satisfactory answers to three and consultants concerned agreed that time as the principles of fracture me- specific technical question can be ob- such defects can be treated as sharp chanics are successfully proven and in- tained. The first of these questions LI crachs of equal size before any safety corporated into existing pipeline stand- concerned with the effectivenc-3 of frac- factors are applied. Cracks, due to their ards, waiver requests based on such anal- ture mechanics in analyzing crack sharp (notched) edges, have the high- ysis should be granted only if the analysis growth in the relatively ductile pipeline est strezs intensity factors of all possible provides a convincing and conservative steel used In the TAPS. welding fLw. It Is precisely this stress demonstration of structural integrity Fracture mechanics analysis was orig- ntensity acting at the notch that caus- and there is some compelling reason to inally developed to assess the ability of crack growth. There Is, therefore, a con- waive literal compliance with the exist- metals to resist brittle fracture. For such siderable conservatism implicit in treat- ing standards for girth welds. applications linear-elastic-fracture-me- Ing a., cracks the blunt or spherical flaw& I have decided, therefore, not to grant chanics (LEFaMD analysis could be used In the welds listed in the petition. An the requested waivers for those 21 welds because the metal was strezed to a added measure of conservatism accrues because there is mot any compelling rea- relatively low fraction of Its yield from the use in the analysis of the entire son to authorize Alyeska to discontinue strength and therefore behaved elastt- cally5 More recently fracture mechanics size of the perceived blunt flaw as the its program to repair those welds in order initial size of any crack that might evan- to bring them into compliance with the analysis has been extended to permit requirements of the DOT standards. consideration of more ductile materials tually Initiate from the flaw. The amount such as those used for nuclear reactor of conservatism imparted to the analysis The determination that waivers be pressure granted for three of the welds In the vessels, oil and gas pipelines, by these factors could not be quantified Alyeska petition was made only after a bridges and compressed gas cylindera. precisely by DOT ex.perts or consultants. thorough review by DOT experts and The extension to ductile materials, which I have, however, incorporated the Paners consultants of the technical information behave plastically, has been made po- contained in that Petition. In order to sible by the development of elastic- 8A material behaves pa3ltlcally rlien all make a decision based on this review it plastic-fracture-mechanics (EPFT1 or part of the deformn=ton introduced by was necessary to resolve two main is- loading remains after remo,,a of the IoaL sues addressed at the October 28 public T * A comparson of the variou anniytcal A material behave3 elasztically it. after modeLS uZd by the BritihcWelding Institute hearing: First., whether fracture me- being deformed under chanics analysis can Properly serve as a load. It returan to Ito for Alyo-lza. by NBS and by Profesor Irwin original, non-deformed state upon removal of the University of Maryland L3 given in th! basis for granting waivers for exemp- of the load. 14BS Final neport.

FEDERAL REGISTER, VOL 41, NO. 233-THUr$OAY, OSCEMIBER 2, 1976 52938 NOTICES engineering judgment regarding this Given the 'above, the Panel concluded August 13, 1976), was to assign a priori question into my resolution of this Issue. that the NBS curve without the OPSO a set of safety factors on flaw length and The third question relating to this issue safety factors was already conservative depth to be included In a fracture Involves the use of what engineers call by. a factor of approximately two and mechanics analysis. In support of this "safety factors" to provide a needed that additional safety factprs should only analysis, NBS conducted an extensive measure of conservatism of offset uncer- be applied to the measurement of de- critique of the various teclmiques used to tainties in the analysis as mentioned in fect depths from radiographs of the estimate depths from the radlographs,. the above paragraph and uncertainties in welds containing those defects. The These included the visual and densitom- the measurements of actual TAPS defect Panel's argument in this regard is that eter methods used by the Southwest sizes. A discussion of measurement safety factors should be applied directly Research Institute (SWRI) and the uncertainties is included in Part IV, to the points of analytical uncertainty. methotd used by the Rockwell Interna- infra. They considered that the OPSO safety tional (RI) radiographic experts. The In order to assure proper considera- factors did not meet this .test of direct NES conclusions were: tion by Alyeska of all perceived uncer-, applicability since: SWRI Densitometer-It Is not possible tainties, the FEDERAL REGISTER Notice 1. All DOT experts and consultants to assess the accuracy of this method in published by OPSO on August 13, 1976 agreed that defect lengths could be meas- a quantitative way; (41 FR 34375) set forth preliminary ured accurately (within one hundredth SWRII Visual-It Is difficult to assess guidelines in anticipation of the Alyeska of an inch), thereby obviating a safety this method since a controlled experi- petition. These preliminary guidelines factor of two on length; and ment has not been done. The NBS be- im- 2. The NBS in its Final Report de- lieves that this method will underesti- included a set of safety factors to be NBS did not provide posed on the measured lengths and es- clined to specify limits for the uncer- mate flaw depth, but trhiated depths of all weld defects and tainties in defect depth measurements, a limit for the maximum likely error: thereby making the NBS safety factors and arc burns included in the petition. This RI Method-The RI method Is po- particular set of safety factors will be on depth measurements appear some- referred to hereinafter as "the OPSO what arbitrary. tentially-capable of good accuracy and In conclusion, the NBS and the Panel there is Information presented to demon- safety factors" to distinguish them from strate that the RI depth measurement those recommended by others. , agree on the answer to the first major issue, namely, that fracture mechanics tend to be larger than those made by th, There is a difference of opinion among SWRI densitometer method.: the DOT experts and consultants, both can serve as a basis for granting waivers for exemptions from existing stand- According to NBS, the maximUm likely on the way in which safety factors error in the RI method might be deter- should be imposed and on the magnitude ards without compromising pipeline In- tegrity. This is also the view of the DOT mined using two different procedures. of the safety factors that should be used For the first, artificial defects of varlou for the application of fracture mechanics experts in OPSO and in the Office of the Assistant Secretary of Transportation for depths in sections of welds were madf, ,in the analysis of TAPS girth welds. The and radiographed. The depths of these INBS, which provided technical advice to Systems Development and Technology. Differences among these experts relate defects were determined from the l,0- OPSO prior to the publication of the lat- oratory-produced radiographs as e'n- ter's preliminary guidelines, tends to only to the degree of conservatism required, specifically as regards the choice pared with the depths of the defects t~l -t support the utilization of the OPSO were actually measured with a depth safety factors. The Panel, on the other of analytical models and factors of safety. gauge. In the second procedure, labora- hand, regards the OPSO safety factors tory radiographs were made of real weld as being too stringent on the basis of the i. ADEQUACY Or DOCKETED TECHNICAL defects In rejected welds. One radio- following analysis. INFORMATION graph was made with the X-ray beam In addition to the aforementioned passing through the weld perpendioulav treatment of non-crack defects as cracks The second major issue raised by the petition concerns the adequacy of the to the surface of the pipe and a second of the same size, the OPSO preliminary set of radiographs was made with tho guidelines recommended that all weld docketed technical information, in particular the measurement of weld defect X-ray beam perpendicular to the first defects be assumed to be located on the beam. From the second set of radi.,- outer surface of the weld where stress sizes from available radiographs, to enable a valid fracture analysis to be con- graphs, the actual depth of the real do, is a maximum. They-also recommended- fect was determined and compared wit' a "worst-case" analysis-that the frac- ducted for welds for which Alyeska seeks existing DOT stand- the estimated depth made by the 1I ture analyses Incorporate: maximum exemptions from method. over the lifetime of the ards. Consideration of this issue did not credible stresses produce unanimity of opinion among the The defect depth measured by RI pipeline; the maximum values of the could then be compared with the defect fatigue spectrun likely to be experienced DOT consultants and experts. Unani- mous opinion did prevail, however, with depth determined either by the depth over the life of the pipeline; and the gauge (flrt procedure) or by the perpen- maximum values for fracture toughness regard to three specific points. All DOT experts and consultants agree that: dicular X-ray method (second pro- and other material properties relating cedure) as is shown as the "bias" curve to pipe and weld strengths. In addition 1. The method developed by the NBS to determine the effective are burn in Figure 48, page 87 of the NBS Final the NBS recommended, and in its pre- Report. The bias curve could then be liminary guidelines OPSO agreed, that, depth, based on a measurement of the the radiograph, used to assess the uncertainty In the to incorporate additional factors of arc burn diameter from measured depth value. In this way a sta- safety, the length and depth of each non- is sound; 10 tistically-calculated uncertainty limit planar defect should be multiplied by 2. The NBS conclusion that lepgth could be determined. two before plotting it on the maximum- measurements can, in most cases, be made to accuracies of 0.010 inch Is cor- Even though this analysis was pro- allowable-defect-size curve that resulted vided in its Final Report, NBS did not from their analysis. Finally, an addi- rect; and provide any recommendations regardint' tional factor of two was recommended 3. It is difficult to measure precisely depth measurement error limits. for the depths of planar defects, the the depth of planar and nonplanar flaws measurement of which is more difficult The Panel felt that each aspect of the from the existing radiographs. In fact, problem (fracture models, materials test- than for nonplanar-defects. (Planar de- the way in which this should be done fects in the welds included in the petition was the main technical concern regarding, stress and fatigue spectrum, and flaw are (1) incomplete penetration of the estimations) should be reviewed and in- ing the adequacy of the docketed data. certainties identified before factors of first welding pass and (2) incomplete The NBS approach, as reflected in the fusion of the welding and parent metals safety were assigned. Therefore, while or of two successive welding passes. Non- FEDERAL REGISTER notice (41 FR 34375, the Panel agreed with the NBS conclu- planar defects in the welds included in sion that uncertainties exist in the esti- the petition are elongated slag inclusions 10This method Is described in the NBlS mation of depths from radiographs, the and various types of gas pockets.) Final Report in Section 3EL Panel assessed the limits of the uncer-

FEDERAL REGISTER, VOL 41, NO. 233--THURSDA Y, DECEMBER 2, 1976 NOTICES tait and proposed the Tollowing con- eral standards of general. cr pitvtir. nmc3, OFSO cuggests two factors tiat servative esdmation procedure: 'a) In applicability. would male such a conclusion appropri- the cases where densitometer measure- Having made these dettrmnation. it ate. The first o these factorz as noted ments were impractical in the field (Le., remains only to specify the criteria for by the Panel and dlscuzzad in Part I. defect widths less than 0.050 in.), the the acceptance or rejection of each TAPS supra, ia the de=ee of conservatism in- depths as reported by RI should be mul- weld in regard to eligibilty for exemption traduczd by the asumptions made for tiplied by a factor of two. (b) In the from compliance with 49 CFR Part 105. an3lytical tractability. Thesecond is thz cases where densitometer measurements These criteria are given in the form comparizon with experimental re-ut. were made by SWPI, the larger of the of the four curves illustrated in Figures albeit limited in number, as plotted in "'ikelynaximum case R" as developed by 1-4 of the Appendix and called the deci- Figure 74 of the LBS Final Report. Tiha l.S from the SWVFl measurements, or sion curves. It should be noted that. for curves, in Figurea 5 and 6 labelad "N3S twice the RI depth measurement, which- planar and nonplanar weld defects, the with OPSO safety factors" (thezs curves ever is larger, should be used. decision curves are those submitted by are labeled "Bealn-dcHcy-led and I have -determined that the Panel's Alyeska in support of Its waiver request Fong" in Figures 70 and 71 of the N3 approach to the bounding of the limits and that these curves are accepted with- Raporto define their results. of uncertainty in measurements of weld out the incorporation of the additional The Panel toY! a les con rvati:e defect depths is conservative and con- flaw size safety factors (identified above posture. In Its judgment the curve La- vincing and, therefore, have incorpor- as the OPSO safety factors) but with beled "Irwin" in Figures 5 and 6 (Fi- ated their approach in my decision. safety factors imposed on defect depth ures 70 and 71 of the 11BS Report' would V. REso~mrTO or TtcmrsL Issus measurements as recommended by the "most closely predict actual failures" for After Panel and as described in Part IV. The welds containing planar and nonplanar a careful consideration of the is- decision curves for are burns are com- defects. NBS, however, in their analysis sues and the technical advice provided posites of curves resulting from by DOT experts and consultants, I have the three of the Irwin paper noted that the graphs determined that: separate analyses submitted in the in the Irwin paper were scaled too small record. for NBS to mahe accurate calculations 1. Fracture mechanics analysis is ac- The curves in Figures 5 and 6 illus- and indicated that it would be neces-ary ceptable as a basis for granting exemp- for Irvn tions from existing standards in appro- trate the results of various alternative to provide a numerical table priate circumstances If such analysis analyses and recommendations. The Al- of values in order to obtain a definitive produces a convincing and conservative yeska curves for planar and nonplanar curve. Further, despite having made the estimate defects were derived using the proce- statement regarding the accuracy of the of structural integrity. dures described in the Draft British Irwin model, the Panel recommended for 2. The docketed material is sufficiently Standard Rules for Derivation of Ac- use as decision curves the NBS curves in complete to permit a convincing and con- ceptance Levels for Defects in FusIon Figures 5 and 6 without the OPSO safet7 servdtive fracture analysis to be made of certain Welded Joints. These procedures contain factors but with safety factors applied welds contained in the Alyeska built-in safety factors and have been de- directly to depth measurement. I hare petition. veloped on the basis of extensive testing decided, therefore, that the Irin curve The decision to accept fracture me- and analysis over the past several yearz cannot now be'used as a decizion curve chanics analysis as a basis for consider- by, principally, :B and Crnfileld Insti- for planar and nonplanar defect-. ing petitions for exemption from existing tute of Technology (Cranfleld), which A further ana7.ys by DOT experts e- DOT standards does not imply that such support the technical approach and the analysis should serve as a amined the effect of applying the Panel'- ueneral sub- information and data submitted in the recommendations (removing the OPSO stitute for DOT standards or API 1104. Alyeska, waiver petition. This particular In fact it is not possible fairly to cafety factors and applying a safety fac- compare technical approach and the information tor of at least two on depth estimates, the two approaches to providing a low and data provided risk of pipeline failure. The for application or to the Alyesla curves for-planar and fracture their analyses to specific TAPS welds nonplanar defects. These modified Alya - mechanics approach cannot yet be con- .were judged sidered a practical quality to be acceptable by all DOT Ia curves, shown in Figures 5 and 6 la- control tech- experts and consultants. In particular. beled "Upper bound decision curve," can nique since, as an actual Pefformance the TAPS-specIllc data were generated measure, it would require levels of inspec- then be compared to the nonplanar and by performing various laboratory tests Planar NBS curves containing the OPSO tion and analysis far beyond those ever on some 450 pipeline used in the construction of pipelines. material -.mples safety factor.. This comparison Indicates Such requirements, If imposed without from six TAPS production welds made thOt, for nonplanar defects, the modified in the field during both the 1975 and the Alycs"a curve is more conservative than considerable forethought would add sub- 1976 stantially to the construction cost and welding seasons. This information, the NBS curve and that, for planar de- while not sufficient to ascertain a sta- fects, the modified Alyesha curve is cofildadd to the cost to the eventual con- tisticay sumer of the product without a firm esti- adequate determination of the alightly less conservative than the NBS mate of attainable benefits. API 1104. on range of values of TAPS material prop- curve. In general, however, a7reement erties, is the most extensive TAPS-zpe- between the Alyes-ha curves and NBS the other hand, has been demonstrated to ciflc be a very successful standard, and com- data that was provided to DOT. The curves improves when the Alyezl= curre pliance with it can be readily established results of the Alyeska analysis are shoTn Is modified by the Panel recommenda- by quality control inspectors in Figures 5 and 6labeled "Alyes-tr curve tions. This result gives increased confi- in the feld. with OPSO safety While the workmanship standards of factors." dence in the technical evaluation of the API 1104 and the results of fracture .XBS was requested by OPSO to-ad- Alyeska approach by NBS and the Panel mechanics analysis are not directly dress the technical adequacy of the Al- since It reconciles certain apparent diff- comparable, they are compatible. The 'yeska waiver petition. The ZNBS ap- erences between them. Moreover, if the British have already incorporated aspects proach to this requirement Involved not waived defect points for planar and non- of fracture mechanics analysis into a only an examination of the adequacy of planar flaws (defect numbers 7, 13, and draft standard and an API standards the Alyeska/BWI/Cranfleld analysis but 14) are plotted on Figures 5 and 6, using group is presently studying whether to also the development of an independent in this case the measured flaw dimen- incorporate the new methods into the mathematical model for the conversion sions directly, It may be observed that API standards., As these initiatives proof the results of laboratory tests to max- they lie below even the most conserva- ceed toward the development of more imumn-allowable-defect-size curves for tive critical flaw size curve. precise yet workable quality standards for planar and nonplanar defects and for In summary, based on a thorough re- pipeline welds, DOT will continue to arc burns. view of the aforementioned analyses, I evaluate them for Possible use as Zed- Although NBS did not affirmatively have decided to use the Alyesiza curves as recommend that its results be used. even the decision curves for planar and noi- =Seo T abl 36b. -pages 9-5 Im the N3S with the OPSO safety factors specified ptanar defects without incorporating the Pinal sport. In their published preliminary guide- OPSO safety factors on defect siz'set

,FEDERAL REGISTER, VOL 41, NO. 233--THURSDAY, DECEMBER 2, 1976 52940 NOTICES forth in the August 13, 1976,'Federal with a safety factor of -two on the depth assessment of Information provided by (A) Register Notice, but with the safety fac- measurements. However, all DOT con- Written Comments to the Public Notice and tors as recommended by the Panel ap- sultants and experts agree that arc burn (B) Comments of Participants in the Public plied to depth measurements before plot- depths can be estimated accurately and erg. ting defect sizes as points on the graphs the necessity for the Panel's recoin- A. Warrr=- Cosrsnrrs To Tim PUIo Novet In Figures 1 and 2 to determine whether mended safety factor of two becomes The comment period to the notice on the they fall above or below the decision questionable. On the other hand, if the petition for waiver by Alyesia was initiated curves. If these points fall above the de- arc burn decision curve is used without by 41 FR 34375, August 13, 1070, and extended cision curves, they will not be considered the extraordinary safety factors and to the close of business "on October 28, 1070. eligible candidates for a waiver. If the without the Panel's factor of two on There were five commenters to the public points fall below the decision curves, and depth measurement, arc burns of depths notice: one commenter in favor of the petition for waiver, three comnimenters were if the defects represented by the points up to -0.32 Inches would be -considered against such anaction, and one commenter are sufficiently removed from other de- acceptable. This is more than halfway Was noncommittal. I fects in the same weld to be considered through even the thickest wall used in 1. The following commentor was not separately, they will be considered eligi- the TAPS pipe (0.562 Inch) and is not definitively for 'or against the petition for ble. A acceptable, waiver: In selecting the Alyeska curves for I have decided to incorporate a safety Profewor G. A. Zemansky, Oregon State planar and non-planar defects, I have factor of two on arc burn depths. The University, indicated that the following considerations be given regarding the petition placed strong reliance on the extent of decision curves in Figures 3 and 4 reflect for waiver: the British experience in the use of frac- that decision. In making this decision, (a) Recommended that the minimum an- ture mechanics to analyze the integrity I have weighed the issues discussed above ticipated service temperature used to doter- of welded structures in general, and pipe- and have Incorporated the safety factor mine minimum toughness be no higher than- lines in particular, and on' the affirma- of two on arc burn depths, primarily to ambient environmental temperatures during tion by NBS-and the Panel of that ap- account for the "scatter" in the NBS a shutdown where the pipe is located; preach. Their extensive laboratory tests data. This approach is recommended by DOT response: The toughness value used on -actual TAPS field welds was also an all DOT experts. in the fracture mechanics analyis wa the important factor, as was the acceptance Those welds containing arc burns for mum anticipated service temperature inr- of the Ayeska/BWI/CranfIeld work by which waivers might or might not be ing prolonged shutdown. the DOT experts, granted on the basis of fracture (b) Recommended that alternate accept- Table II lists the unrepaired welds mechanics analysis are listed in Tables able inspection methods for each weld not containing planar and nonplanar defects IV andIs V, Of respectively, perlorbe allowed capability unlezs whenthey compardare of equal to orrdl- su- which could be accepted on the basis of This action Is taken under the author- graphic methods; fracture mechanics analysis. Table III Ity of 18 USC 831-35, Section 6(e) (4) of gO response: All welds are bolp In- lists such welds which are not acceptable the Department of Transportation Act spected by radiographic methods. on the basis of such analysis. (49 USC 1655(e) (4)), and Section 203 of (c) It Is recommended that the laboratory The consideration of arc burns posed the Trans-Alaska Pipeline Authorization data not be accepted 'in application for a an especially interesting problem. DOT Act (Pub. L. 93-153). waiver-uniess the laboratory in question has Standard 49 CFR195.226 requires that been examined and found to be competent all arc burns must be ground out or cut Section 203(d) of the Trans-Alaska and reliable. out. NBS concluded, however, that use IPIpeline Authorization Act provides that DOT response: The Cranflold Institute and of the Alyeska curve with safety factors actions taken to complete the pipeline do British Welding Institute in England, re- of two on length and four on depth to not require further action under NEPA. taned by Alyeska to develop the fracturo determine acceptability of arc burns was Arguably this provision covers'the deci- mechanics analysis, are creditable labora- reasonable, except for the region of small sion on the Alyeska waiver petition, tories that have considerable standing in the defect lengths, where the Alyeska curve Nevertheless, in light of the important scientific community and have considerable expertise in welding technology and frae- defect depths. This rec- environmental consequences at issue, ture mechanics. The ES visited each lab- allows unlimited testing being cnduted ommendation led to my selection for use this action has been reviewed pursuant oratory, wtnesed as decision curves for arc burns the com- to the provisions of Section 102(2) (c) of in connection with Alyeska's petition, and posite curves illustrated in Figures 3 NEPA. A negative declaration which con- has commented favorably on their qualilca- and 4. cludes thdt the action will not have a tions. Having selected the form of the del- significant impact on the environment Is 2. The following commenter was in favor sion curve, It remained only to decide included in the docket and in the Appen- of the petition for waiver: sioncure,ony t I deidereaind ix o tis dcumnt.The American Petroleum Institute avsosrted the appropriate factors of safety to be, dx to this document,that the American Petroleum Institute- used. NBS again preferred its original Issued in Washington, D.C., on No- American Gas Assoclation Joint Committee recommendation of safety factors of two vember 26, 1976. on Oil and Gas Pipe Line Field Weldhnr: Practices, which is responsible for API 1104. on the length measurements of ar us JOHN W. BARNUM, have been discussing This a fracture mechanics preference was advanced despite the Deputy Secretary approach to flaw analysis and weld accept- incorporation in their Final Report of of Transportation. ability. A new section which would establish such an approach as an alternative to the a method for estimating the depth of arc ABBREVIATIONs acceptability criteria now contained in API burns, given the radiographic measure- API American Petroleum Institute Standard 110i4 is planned for inclusion in the ment of the "diameter" of the burns. BP British Petroleum Pipelines, Inc. 15th Edition of the Standard. The Panel, on the other hand, con- BWI British Welding Institute DOT response: Such action by thig Con- cluded that "axe burns less than one inch COD Crack opening displacement mittee lends credence to the possible use of in length intoduce no serious problems" DOI Department of the Interior fracture mechanics analysis as a basis for AnlDOT Department of Transportation establishing an alternative method of as- for the structural integrity of the TAPSu EPFMA Elastic-plastlc-fracture-mechancs suring the integrity of particular girth weldq While this contention is learned and LEFm Anear-elastic-fracture-mechanics on this pipeline. practical, it is insufficiently quantitative MTB Materials Transportation Bureau 3. The following commenters were not In for use in the specification of decision NIBS National Bureau of Standards- favor of granting the petition for waiver: curves for arc burns. NEPA National Environmental Policy Act Friends of the Earth. Washington, D.C4 If the Panel's recommendation for OPSO Office of Pipeline Safety Operations Trustees for Alaska, Anchorage, Alaska, and RI Rockwell International the Environmental Protection Agency, Wash- planar and nonplanar defects is applied SWRI Southwest Research Institute ington, D.C. to arc burns, the composite decision TAPS Trans-Alaska Pipeline System Friends of the Earth and Trustees for curves in Figures 3 and 4 could be used 'Ammx Alaska asserted in a joint letter that: The standards established by 40 CPM Part This Judgment canot be extended to-all ASSESSMENT OF PUBLC COMMENTS ON THE 195 were designed for pipelines construeted pipelines, however. More precisely it reflects In the 48 contiguous States, and althaugh the Panel's confidence in the particular steel n assessing the Alyeska petition for these same standards apply to TAPS, the used for the TAPS. waiver, the Department made the following TAPS is subject to unique environmental

FEDERAL 'REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 529M1 hazards such as ice crushing, river scouring, DOT response: The standards in 49 CFn tet meth'l, It muat be capable of givin; extrg ie cold temperatures, and high seismic Part 195 are considered minimum Federal accurate and reproducible results for a very risk, and therefore, the standards should not standards and the petition for waiver does wide range of materials. At prescnt, extensive be relaxed. The fragile environment of not contemplate relaxing thoso ctandards. development has bon done on the COD pro- Alaska, specifically the location of deficient Rather, it calls for using fracture mcchlanic cedure. the T-nteg4al method, and the In- girth welds in environmentally sensitive analys s as a basis for establIchIng an alter- strurented precraclkad Cbarpy-V-notch tezt areas, requires that DOT standards not be native method for assurlng the integrity of method for determining the fracture tough- relaxed. particular girth welds on this pipeline. ncss of relatively ductile metals. DOT' response: The petition for waiver does (b) Fracture mechanics analy-is vill be All three of these methods vere ue-d to not contemplate a relaxation of the DOT re- dliffcult to apply because: asses the toughness of the ppellUe weld quirement of pipeline inegrity. The use of (i) Izmted experience with this tech- metals. The variation in the toughnes values fracture mechanics is an alternative to re- nology in predicting flaw growth and fracture masured by thee methods is due to uncer- liance on workmaziship quality standards for behavior with steel ouch as the grade used in talntles In (1) dtormining precisely the assuring the acceptability of particular girth point at which fracture occurs in the teS welds on this pipeline. In making the frac- the Alaskan pipeline. DOT response: Fracture mechanics analy- specImen. (2) the effect. of specimen siz-e ture mechanics analysis, the worst antici- which Influences the amount of pl=mit7 pated service conditions of the actual Alaskan sis was originally developed to ac=c the ability of metals to rezist brittle fracture. For prior to fracture, and (3) the effect of strain environment were used. rate in the specimens. These uncertainties The Environmental Protection Agency ad- such applications lnear-elastlc-fracture-mechancs (LXXM) analysis could be ured be- must all ba accurately Inown and accounted vised against granting of the waiver unless for before a te- method can be fully accepted cause the metal was strezxd to a relatively a detailed environinental assessment of each as a standard tcst method. For low fraction of Ita yield strength and there- the present weld considered in the petition"IS made be- application, however. a lower bound fracture fore behaved elastically. More recently frac- cause: toughness value waa used and therefore the (a) The pipeline welds ture mechanics analysis has been extended will be subjected to uncertainties discussed above are of leIs a number of forces, Le., temperature stresses, to permit consideration of more ductile ma- differential settlement, s'ignificc. loss of ductility in ternis such as those used for oil and gas (iv) The Iac the material during prolonged of accurate measuremunts of shutdown and pipelines. The extension to ductile materla1. depth definition which are necessary seismic for ade- conditions, which an ordinary pipe- which behave plastically, has been made pos,- quato fracture mechanics line is not analysis. subjected to and for which cal- sible by the development of elastic-plastic- DOT respon e: As described in detanl in the oulations have not been specified In the de- fracture-mechanics (EPFM) analy.i, which IMS report, the measurement of defect depth sign criteria. is more complex than IMPM analys-is be- from field radiographs I- subject to possie DOT respose: The Alyeska structural de- cause the stresses In the structure cannot be sign criteria which was error. None of the methods that were used evaluated by OPSO analyzed using exact mathematics. The varl- could give precisly -noun defect depth did consider the various, combinations of ous fracture mechanics analyzes performed measurements for all slzes credible loads and forces which and types of de- the pipeline specifically for the TAPS (deccribed n Part fects. Nevrtheless. would be subjected to during its operation as discuszed in the re- V of this report) were developed ucing Inde- port of,the Panel, the defect depth can he and found that the criteria established by pendent failure models that incorporated Alyeska determined from the existing field radio- was reasonable and adequate. These either LETFM methods modified to account loads and forces were also graphs In such a marnner that the upper limit considered in the ifor plasticity or direct EPIM analytical of the depth can Alyeska fracture mechanics analysis which be defed when certain methods. The fact that these different analy- factors used the worst case instantaneous credible based on established engineering ex- sea produced similar results provides con- perience and Judgment stress and worst case fatigue stress spectrum are Included to as- In developing allowable vincing evidence that fracture mechanics ess the defect size. Therefore, it is nos-lble defect size curves. to def (b) A girth weld failure during startup analyses can be applied to ductile materials ne a conservative upper limit to the defect depth measurements when the leak detjction system Is Inoperative such as the pipeline steel, and use this ds- since the pipeline is not full could have dis- (U1) idmited experience dealing with the feet depth for esing the defects present astrous environmental consequences. stresses of the Arctic environment especially in the Welds and eatimating the growth of de- DOT response: This is unlikely to occur on the large diameter and high pressure pipes fects during the lfetimne of a structure. since it was found in the fracture mechanics used in the Alaskan pipeline. 2. The following two participants in the analysis that the maximum stres on the DOT response: Both liquid and gas pipe- public hearing favored the petition for waiv- girth welds is due to fatigue and prolonged lines up to 56-Inch diameter have been used er: Mr. M. L. Patton, Chairman and Chief shutdown, not during startup of the pipe- successfully elsewhere In the world. The prez- Executivo Officer, Alyesk% Pipeline Service line. sure in the pipe as well as the sbes in the Company; and Mr. . L. Von Rosenber. Sen- wall of the pipe are not above thoao currently ior Research Arsociate, Exxon Production B. COU==Szv OF PARTIcreANra W THE PUBLIC used in existing pipelines both In the United Re-earch Company. - H3.ARING States and abroad. The Alaskan pipeline do- In their comments they asarted that: On October 28, the Deputy Secretary of slgn stresses, in terms of the specified min- (a) Frare mechaic3 analysis demonstrates that most Transportation conducted a public hearing imum yield strength follows currently ac- dlscontinutles in the Aly- in this matter. Three persons cepted regulations Of more signilfcance Is eska welds in eOxces of these permitted by made presenta- API Standard 1104 do not impair the fitnBes tions: two In favor of the petition for waiver the fact that the toughness of the pipe is higher than that of similar pipe used at com- and rafety of the pipe or its ability to with- and one against such an action. The hear- parable stres levels. Based on fracture me- stand maximum stresses under all concelva- lag was transcribed electronically. and be- chanics analysts, this higher fracture tough- ble operating conditions. came part of the record in this proceeding. ness means that, at a given strms level, the DOT respone: All girth weld flaw sizes will 1. One participant in the hearing was allowable defect sizes are larger than In a be evaluated to aertain Whether they Im- against the petition for waiver. Bs. Pamela lower toughness pipe stressed to the same pair the nteZrity of the line. Rich, representing P*iends of the Earth, the level. (b) The Alyeska analysis includes conser- -Wilderness Society.'the Firbanks Environ- (iii) The lach of standard test methods to vative assumptions of critical flaw sizes, ome mental Center and Trustees for Alaska. establish fracture toughnes n the particu- two and four times greater than indicated in Ms. Rich asserted that: - lar grade of steel used In the Alastan practical experience. Additional safety fac- (a) The sta ndards in 49 CM Part195 are pipeline. tor= of two on both length and depth size DOT response: At present, the minimum standards which this project there Is not a for nonplanar flaws with an additional fac- single standard test method established should meet because Alyeska agreed to do so by tor of two applied to planar flaws when the the American Society for Testing tknd Ma- in the DOI-Alyesa Right-of-Way Agree- defect depth is determined by radio-graphy ment an because thes are stndards terials (ASTM) for determining the fracture Is unreasonably consrvative. estab- toughness or metals which exhibit substan- lsled by the industry themselves, which are DOT responzr: The decision curves for tial plasticity prior to fracture. The weld planar and consistently met on other pipeline construc- metals used in the TAPS behave in this nonplanar defects, Figures I and man- 2. do not tion. ner. It must be understood that, before Incorporate the OPSO safety factors a for length and depth.

FEDERAL REGISTER, VOL 41,.NO. 233-THURSDAY, DECEMBER 2, 1976 52942 NOTICES

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FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52943

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FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52944 NOTICES TIi 1iLi i ii i ivrFt ...... 'I i

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FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 5295 TA2BLE IL-velas acceptable by fractureI T~xrn U.lrch not acceptable by mechanics atalysis fracturo Deet Figure mechanics analys Mlyeska weld Not. nurnttct JklCtted Detect Fgr Alyeskas weld No. Rumbar plotted on- Are burms 14 well or irat ag-zcted. Planardefett-Ieompletepenetm- tion (Hi/1) 4 Noaplm=a$3 511...... detet-Gaspecet Si ------...... 2 1 11 2 Plmr dermet-lomplete Wmion; 1... 814--SIM ------...... 3 1 ...... 1% Sim ...... 1 ..... ,+...... 29SA, 2+

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SThlswdd not av-paWr be ' tt d,,tI&V%1k- dev1 a 142. w wah ftiRIx. No. 32r-Inaw 'ACKxdd ~41p !Lt cumv, ol Woupbanr dered-Hoeric4bea 09. 2. 1W,? 1, 1)cc' r:pabsds.ti;-I 81&? ...... 29 2 T~Azw W.--Arc buntS u(ceptubiC bY fracture mchankea analyia K40------a- 2 DThr<+t,,,+-ur-+ maw..---..---.-,- 2*3 slow2---81 ...... S0 ------.------O..... 212 2 ,4re $1442'...... burns Inbzact 011 3 $11 ... . KWesI 1o otanacctpt ab umfIn weld. rai-zrILngla of Urzadl cc, to =r burn.dLzm r Wed als contains acceptablhe ar bon In wed, .+ WWedoabaa able arbelri flbt tte , 1WCZr jtd tmnar1 dqptbOF gsX35 01"(11ha# 4t tatmvL

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FEDERAl REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52H46 NOTICES

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.II N'l]F1E1330.L.03=IU 52918 NOTICES

COMPARISON CURVES FOR PLANAR WELD DEFECTS NEGATIVE DECLARATION PURSUANT TO SEC- TION 102(2) (C) OF THE NATIONAL V-N- VIRONMENTAL POLICY ACT OF 1960 0.16 - As discussed in the Decision on Peti- tion for Waiver of Girth Weld Regula- 0.15 tiorls (OPSO Docket No. 76-12W, Notice 6, November 26, 1976), the Department of Transportation proposes to grant ex- 0.14 - -- emptions from compliance with DOT welding standaikds for three girth welds 'on the Trans-Alaska Pipeline and to 0.13 - - deny exemptions for 31 other girth welds for which waivers vere requested and which have not yet been repaired. 0.12 -The decision to grant the three exemptions is based upon extensive and detailed technical analysis, complemented by con- 0.11 - - sultation with numerous independent technical experts. The analyses and con- SAFETY FACTORS - .IRWIN CURVE WITH OPSO sultations support a conclusion that the 0.101 existence of the identified defects ih those three welds does not constitute a risk of failure at the identified welds 0.09 . - __ during the expected lifetime of the pipeline. concern 0.08. - I 1 - - - The major environmental which might aris'e in connection with the exemption is the possibility of a leak re- 0.07 ,ALYESKA CURVE WITH PANEL'S MINIMUM sulting from the defects in the welds, An SAFETY FACTOR OF 2 ON DEPTH - UPPER oil spill resultng from such a leak could BOUND DECISION CURVE do massive damage to the fragile ecosys- tem in which the pipeline is located. However, since-it is the conclusion of the technical analysis that the identified de- 0.08 ______.______fects do not constitute a risk of failure at the welds, it follows that there is not 7, /NBS CURVE WITH OPSO SAFETY FACTORS any Increased probability of a leak or oil spill. 0.04 - The three welds for which exemptions are granted under this decision are lo- 0.03 - - cated in the area of the crossing of the Middle Fork Koyukuk River. The Middle \-ALYESKA CURVE WITH OPSO SAFETY FACTORS Fork Koyukuk is located in the Yukon 0.02 - - - - ______River drainage basin north of the Arctic Circle. The river is a typical "braided" stream with one or more channels flowing through gravel or rocky areas and 0.01 - - -I with frequent shifts or meanders of the I main channel. The river supports popu- 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 0.10 0.11 0.12 lations of several fish species. The fish LENGTH(INCHES) population Is considered to be critically sensitive to disturbances in the river dur-' ing the period from April 1 to October 30, FIGURE16 and somewhat sensitive year round.

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 5294

The three welds are burled at a depth A new Certificate of Authority as an of approximately 17 feet. They are not acceptable surety on Federal bonds, located within the limits of the present dated October 1, 1976, has been issued by stream channel, although this could the Secretary of the Treasury to Puritan change as the channel shifts during the Insurance Company under sections 6 to coming winter. Because of a high water 13 of Title 6 of the United States Code, to table and the nature of the stream bed, replace the Certificate issued July 1,1976 any repairs of these welds would require (41 FR 28245, July 8, 1976) to the com- large bell holes and considerable risk of pany under Its former name, The Man- siltation to the stream and consequent hattan Fire and Marine Insurance Com- impact on the fish population. It appears, pany. The underwriting limitation of therefore, that a decision not to grant $414,000 previously established for the the requested exemptions for these three company remains unchanged. welds would result in some adverse en- The change in name of The Manhat- vironmental impact, while the decision tan Fire and Marine Insurance Company to grant the exemptions will not have does not affect its status or liabity with any adverse environmental impacts on respect to any obligation in favor of the the stream or its fish population since United States or in which the United the known defects do not present a risk States has an interest, which Itmay have of failure of the girth Welds. undertaken pursuant to the Certificate of With respect to the 31 welds for which Authority isued by the Secretary of the exemptions are denied, the same general Treasury. environmental considerations apply. Certificates of Authority expire on Eight of the welds are technically un- June 30 each year, unless sooner revoked acceptable, and a decision to approve an and new Certificates are issued on July 1, exemption for them would imply an In- so long as the companies remain qualified creased risk of failure, with resulting oil (31 CFR Part 223). A list of qualified leakage and environmental damage. companies is published annually as of Further, for all 31 welds the bell hole July 1, In Department Circular 570, with excavations have been completed and details as to underwriting limitations, thus any surface environmental disrup- areas in which licensed to transact surety tion associated with the repairs-has al- business and other information. Copies ready occurred. None of these 31 welds of the circular, when Issued. may be ob- are located in a stream crossing, so there tained from the Audit Staff, Bureau of are not any fish or water quality impacts Government Financial Operations, De- associated with the repairs. partment of the Treasury, W-shington, Envlronmental benefits would not as- D.C. 20226. erue from a decision at this time to grant exemptions on any of the 31 welds and Dated: November 22, 1976. adverse eifironmental impacts Will not D. A. PAwauA, occur as a result of denial-of the exemp- Comnmssfonzr, Bureauof tions. GorernmentFinancial Operations. I therefore conclude that a decision to JFR D0o.1G-35450 rlned 12-1-76;8:45 am] grant exemptions for weld numbers 90001C, 90008R, and 90021 and to deny VETERANS ADMINISTRATION- exemptions for the remaining unrepaired STATION COMMITTiE ON girth welds listed in the Alyeska waiver EDUCATIONAL ALLOWANCES will not -petition dated September 1, 1976, Meeting have any significant environmental Im- pacts, and that a environmental impact Notice is hereby given pursuant to Section V, Review Procedure and Hear- statement pursuant to section 102(2) (C) ing Rules, Station Committee on Edu- of the National Environmental Policy cational Allowances that on Tuesday, Act is not required for this section. December 28, 1976, at 1:00 pm., the JOHN W. BAnmMU, Des Moines Regional Office Station Deputy Committee on Fducational Allowances shall, at Room 1021, Federal Building, Secretary of Transportatfon. 210 Walnut Street, Des Moines, Iowa NovE=ER 26, 1976. . 50309, conduct a hearing to determine S.F Dloo.76-35373 Filed 12-1-76;8:45 am] whether Veterans Administration benefits to all eligible persons enrolled In Wings Over Iowa Flight School, Boone, DEPARTMENT OF THE TREASURY Iowa 50030, should be discontinued, as Fiscal Service provided in 38 CFR 21.4134, because a [flept. Circ. 570, 1976 nev., Supp. No. 5) requirement of law is not being met or SURETY COMPANIES ACCEPTABLE ON a provision of the law has been vio- FEDERAL BONDS lated. All Interested persons shall be permitted to attend, appear before, or Puritan Insurance Co. Change of Name file statements with the committee at The Manhattan Fire and Marine In- that time and place. surance Company, a New York corpora- Dated: November 23,1976. tion, has formally changed Its name to RoRnnT L. Wn;IT=S, Puritan Insurance Company, effective Director,VA Regiocna Office, 210 October 1, 1976. Documents evidencing Walnut Street, Des Moines, tle change of name are on file in the Iowa 50309. Treasury. [FI Do0.70-35420 Fied 12-1-76;8:45 am]

FEDERAL REGISTER, VOL 41, NO; 233--THURSDAY, DECEBEE 2, 1976 52950 NOTICES

INTERSTATE COMMERCE used by other carriers for transporting ATLANTA AND SAINT ANDREWS BAY COMMISSION traffic offered for shipments to points RAILWAY CO. ET AL remote from the car owners; and that Exemption Under Office of Hearings compliance Mandatory Car Sorvico with Car Servied Rules 1 and Rules [Notice 2021 2 prevents such use of plain boxcars owned it appearing, that the railroads named ASSIdNMENT OF HEARINGS by the railroads listed herein, resulting in unnecessary loss of utilization below own numerous 50-ft. plain box- NovEiza 29, 1976. of such cars. cars; that under present conditions there Cases assigned for hearing, postpone- It is ordered, That, pursuant to the are substantial surpluses of these cars ment, cancellation or oral argument ap- authority vested, in me by Car Service on their lines; that return of theso cars pear below and will be published only Rule 19, plain boxcars described in the to the owners would result in their be- once. This list contains prospective as- Ofiqcial Railway Equipment Register, Ig stored idle; that such cars can be signments I.C.C.-R.E.R. No. 401 issued by W. J. used by other carriers for transporting only and does not include traffic cases previously assigned hearing dates. Trezise, or successive issues thereof, as offered for shipments to point4; The hearings will be on the issues as having mechanical designation "XM", remote from the car owners; and that presently reflected in with inside -length 44-ft. compliance with Car Service Rules 1 the Official Docket 6 in. or less. and 2 regardless of door width and bearing prevents such use of these cars. of the Commission. An attempt will be resulting reporting marks assigned to the rail- in unnecessary loss of utiliza- made to publish notices of cancellation tion of of hearings as promptly as possible, but roads named below, shall be exempt from such cars. interested parties should take appropri- the provisions of Car Service Rules 1(aY, It is ordered, That pursuant to the au- ate steps to insure that they are notified 2(a), and 2(b). thority vested in me by Car Service Rule of cancellation or postponements of The Atchison, Topeka and Santa Fe Railway 19, 50-ft. plain boxcars described in the hearings in which they are interested. Company. Official Railway Equipment Registor. M -F 12836, Lime City Trucking Co., Inc. Reporting Marks: ATSF. I.C.C.-RE.. No. 401, issued by W. J Atlanta and Saint Andrews Bay Railway Trezise, or successive issues thereof, iui (Purchase) Robert 0. Evans, d.ba. John- , son Express Line and MC 20872 (Sub 16), Company. having mechanical designation "XIMI Lim6 City Trucking Co., Inc. now being Reporting Marks: ASAB. and bearing reporting marks asigned assigned February 28, 1977 (1 week) at TheBaltimore and Ohio Railway Company. to the railroads Reporting Marks: BO. named below, shall be Chicago, Illinois in a hearing room to be exempt from the provisions of Car Serv- later designated. Burlington Northern Inc. Reporting Marks: BN-CBQ-GN-NI'-SPS. ice Rules 1, 2 (a), and 2 (b). AB 57 (Sub-2), Soo Line Railroad Company The Chesapeake and Ohio Railway Company. Atlanta & Saint Andrews Bay Railway Com- Abandonment Between Race Junction and Reporting Marks: CO-PM. Race in Luce and Chippewa Counties, pany. Reporting Marks: ASAB. Chicago, Rock Island and Pacific Railroad The Baltimore and Ohio Railroad Company. Michigan now being assigned February 23, Company. 1977 (3 days) at Sault Ste. Marle, Michigan Reporting Marks: BO. Reporting Marks: RI-ROCK. The Chesapeake and Ohio Railway Company, in a hearing room to be later designated. Chicago, West Pullman & Southern Railroad MC 107743 (Subs- 41 and 42). System Trans- Reporting Marks: CO-PM. Company. Elgin, Joliet and Eastern Railway port, Inc., now assigned January 11, 1977 EJE. Company, at Chicago, Illinois; will be held in Room Reporting Marks: CWP. Reporting Marks: 1319 Everett McKinley Dirksen Building, The Denver and Rio Grande Western Rail- Green Mountain Railroad Corporation. 219 South Dearborn Street. road Company. Reporting Marks: GMRC. Greenville and Northern MC 129032 (Sub 20), Tom Inman Trucking, Reporting Marks: DRGW. Railway Company. Inc. now assigned January 25, 1977 at Chi- Detroit and Mackinac Railway Company. Reporting Marks: ORN. Reporting Marks: D&M-DM. Louisville and Wadley Railway Company. cago, Illinois is cancelled, application dis- Reporting Marks: missed. Elgin, Joliet and Eastern Railway Company. LW. Reporting Marks: EJE. Louisville, New Albany & Corydon Railroad AIC 142107 (Sub-i). H & 19 Trucking Co. now Company. being assigned January 25. 1977 Illinois TerminAl Railroad Company. (2 days) Reporting Marks: ITC. Reporting Marks: LWAO. at Chicago, Illinois in a hearing room to Missourl-KXansas-Texas Railroad Company. be later designated. Louisville and Nashville Railroad Company. Reporting Marks: CIL-L&N-kON-NC. Reporting Marks: BKTY-MECT. MC 107487 (Sub-6) Columbia City Freight New Jersey, Indiana & Illinois Railroad Com- Lines, Inc., now being assigned February 1, Louisville, New Albany & Corydon Railroad pany. 1977 (3 days), at Indianapolis, Ind., in a Company. Reporting Marks: NJIL hearing room to be later designated. Reporting Marks: LNAC. Norfolk and Western Railway Company. MC 110144 (Subs 17 and 18), Jack C. Rob- Missouri-Kansas-Texas Railroad Company. Reporting Marks: N&W-ACY '-NIPC. inson, d.b.a. Robinson Freight Lines, now Reporting Marks: 1TKT. P&WV-WAB. being assigned February 7. 1977 (1 week) Norwood & Missouri Pacific Railroad Company. I ReportingSt. Lawrence Railroad Company. at Morristown, Tennessee: in a hearing Reporting Marks: CEI-ldI-MP-TP. Marks: NSL. room to be later designated. Southern Railway Company. Pearl River Valley Railroad Company. Reporting Marks: PRV. 'ROBERT -. OSWeAD, Reporting Marks:. CG-NS-SA-SOU. St. The Pittsburgh and Lake Erie Railroad Comt. Secretary. Louis-San Francisco Railway Company. pany. Reporting Marks: SLSF. [FR Doc.76-35535 Filed 12--76; 8:45 am] Reporting Marks: P&LE. Union, Pacific Railroad Company. Raritan River Rail Road Company. Reporting Marks: UP. Reporting Marks: RR. [Rule 19; EX Parte No. 241; Rev. Exemption Western Maryland Railway Company. Sacramento Northern Railway. No. 129] Reporting Marks: WM. Reporting Marks: SN. St. Johnsbury & Lamoillo County Railroad. ATCHISON, TOPEKA AND SANTA FE Effective 12:01 am., November 30, Reporting Marks: SJL. RAILWAY CO. ET AL 1976, and continuing in effect until fur- Sierra Railroad Company. ther ordek of this Commission. Exemptiorn Under Mandatory Car Service Reporting Marks: SERA, Issued at Washington, Tidewater Southern Railway Company. Rules D.C., Novem- Reporting Marks: TS. It appearing that the railroads named ber 22, 1976. Toledo, Peoria & Western Railroad Company, ,herein own numerous 40-ft plain box- INTERSTATE COLTINImROE Reporting Marks: TPW. Cosrr-soN, Vermont Railway, Inc. cars; that under present conditions, Reporting Marks: VTR. there is virtually no demand for these LEwis R. TEEPLr, WCTU Railway Company. cars on the lines of the car owners; that Agent. Reporting Marks: WCTR. return of these cars to the car owners [FR Doc.76-35540 Filed 12-1--76;8:45 am] Western Maryland Railway Company. would Reporting Marks: WIMd result in their being stored idle Yreka Western Railroad Company. on these lines; that such cars can be Addition. Reporting Marks. YW.

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES

Effective November 29, 1976, and con- [Rule 19; Zx fPrte No. 241; Amdt. No. 4; Protests to the granting of an applica- tinuing in effect until further order of Exemption No. 108) tion must be prepared in accordance with this Commission. CHICAGO AND EASTERN ILLNOIS Rule 40 of the General Rules of Prac- RAILROAD CO. ET AL tice (49 CFR 10OAO) and fled mitin Issued at Washington, D.C., Novem- 15 days from the date of publication of ber 22,1976. Exemption Under Mandatory Car Service this notice In the Federal Register. INTEsTATE COm==CE Rules FSA No. 43284-Alfalfa Meal or Peietc COLMUSSION, In the matter of Chicago & Eastern from Various Points on the Missouri Pa- Lwis R. TEEPLE, Illinois Railroad Company, Consoldated clile PalroadCompany in Kanas. Filed Agent. Rail Corporation. Missouri-Illinols Rail- by Missouri Pacific Railroad Company I[P Doc.IG-35511 Piled 32-1-76;8:45 am] road Company, MLsourl Paciflo Railroad (No. 1140), for interested rail carriers. Company, and The Teas and Pacific Rate: on alfalfa meal or pellets , in car- Railroad Company. loads, as described In the application, [Rule 19; Ex Parte No. 241; Admt. ;o. 3; Upon further consideration of Exemp- from specified points in Kansas on the ;Exemption No. 122] tion No. 108 issued March 1. 1976. Mlsour Pacific Railroad Company, ta BALTIMORE AND OHIO RAILROAD CO. It is ordered, That, under authority Gulf Ports, viz.: Ama, Baton Rouge, Lake ET AL vested in me by Car Service Rule 19, Charles, Myrtle Grove (Plaquemine Par- Exemption No. 108 to the Mandatory Car Ish), New Orleans, Port Allen, Louisiana, Exemption Under Mandatory Car Service Service Rules ordered in Ex Parte No. also Beaumont Corpus Christi, Freeport, Rules 241 be, and It is hereby, amended to ex- Galveston Houston, Orange and Texas In the matter of The Baltimore and pire February 28,1977. City, Texas. Ohio Railroad Company, The Chesa- This amendment shall become effective Grounds for relief-Motor-truck and peake and Ohio Railway Company, Con- November 30, 1976. barge competition. solidated Rail Corporation, Western Tariff Supplement 84 to Missouri Pa- Issued at Washington, D.C., Novem- cific Railroad Company tariff 57-F, Maryland Railway Company. ber 22, 1976. LC.C. No. 518. Rates are published to Im- Upon further consideration of Exemp- l"xEnsTA=r Coznxacr come effective on January 1,1977. 2, 1976. Cousxsior;, tion No. 122 issued Apr1 By the Commission. It is ordered, That, under the author- Lizwrs R. TEurzx.- RoarnL Oswsaiu, ity vested in me by Car Service Rule 19, Agent. Exemption No-122 to the Mandatory Car [FR Doc.70-35543 Fled 2'.-1-70;8:45 am] Secretary. Service Rules ordered in Ex Parte No. [FR Da.-G-35530 Filed 12-1-76;8:45 amI 241, be, and It is hereby amended to ex- [Rule 19; Ex Porte No. 241; Amdt. 176 9; [Rule 19. F-i Prte No. 241, Amdt, No, 9LM- - pire February 28,1977. Exemption No. 941 emption Io. 93i This amendment shall become effec- DETROIT, TOLEDO AND IRONTON RAIL- tive November 30, 1976. ROAD CO. AND CONSOLIDATED RAIL GRAND TRUNK WESTERN RAILROAD CO. CORPORATION AND CONSOLIDATED RAIL CORPORATIOn- Issued at Washington, D.C., November 22,,976. Exemption Under Mandatory Car Service Exemption Under Mandatory Car Service IrrRSTATE COmmERCE Rules RuIes - - ComrnsSiON, Upon further consideration of Exemp- Upon further consideration of Fxemp- LEWIS R. TEEPLn, tion No. 94 issued February 5, 1975. tion No. 93 Issued January 15, 1975. Agent. It is ordered, That, under the authority It is ordered,That, under the authority IFR Doc.76-35539 Filed 12-1-76;8:45 am] vested in me by Car Service Rule 19, vested in me by Car Service Rule 19, Ex- Exemption No. 94 to the Mandatory Car emption No. 93 to the Mandatory Cz-r [Rule 19; Amdt. No. 13 to Exemption No. 63; Service Rules ordered In Ex Parte No. Service Rules ordered in Ex Parte N. 241, be, and it is hereby amended to ex- 241, be, and It Is hereby amended to ex- Ex rarte No. 241] pire February 28,1977. pire February 28,1977. BESSEMER AND LAKE ERIE RAILROAD This amendment -hall become effective This amendment shall become effective CO. AND CONSOLIDATED RAIL CORPO- November 30, 1976. RATION November 30,1976. Issued at Washington, D.C., Noven- Issued at Washington, D.C. Novejj- Exemption Under Provision of Mandatory ber 22, 1976. Car Service Rules ber 224976. TreRsTArE CourY nEr TrssArx Co.usxrCx Upon further consideration of Exemp- COur?:sssOx, tion No. 63 ssi-ed February 12, 1974. Lxwrs B. TExPLE, ivms R. TmwL It is ordered, That, under authority Agent. Agent. vested in meby Car Service Rule 19, Ex- [FR fDoc.6-350A2 Filed 12-1-76;0:45 am] I R B-ac.7-35538 Filed 12-1-76;8:45 cn emption No. 63 to"the Mandatory Car Service Rules ordered in Ex Parte No. FOURTH SECTION APPLICATION FOR cOcton &aAppllcation No.23; Amdt. No 91 241 be, and it Is hereby, amended to ex- RELIEF MIDDLE ATLANTIC CONFERENCE- pire February 28,1977. NOvwzr 29,1976. AGREEMENT This amendment shall become effec- An application, as summarized below, NOvEu ms 18,1976. tive November 30,1976. has been filed requesting relief from the The Commission is In receipt of an ap- Issued at Washington, D.C., November requirements of Section 4 of the Inter- plication in the above-entitled proceed- 22,1976. state Commerce Act to permit common Ing for aproval of amendments to the LVXRSTAs Z Co=MfcE carriers maamed or described in the ap- agreement therein approved. ComlrnssION, plication to maintain higher rates and Filed November 11, 1976 by: Lu~is R. TEEPLE, charges at intermediate points than . Herold, Executive Vice Preedeu6 Mid- Agent. those sought to be established at more do Atlantic Conference, P.O. Dox 1013, [PR Doc.76-35534 Piled 12-1-76;8:45 amj distant points. Wocbington, DO 20018 (Attorney-ln-Faet).

FEDERAL REGISTER, VOL 41, NO. 233-THUSDAY, DECEMBER 2, 1976 52952 NOTICES-

Bryce Rea, Jr., Rea,Cross & Auchincloss, 700 No. MC-FC-76447. By order entered feror: R. B. Greene Transportation, Inc., World Center Builng. 918 16th Street, November 26, 1976 the Motor Carrier Maple Street, Danielson, Connecticut NW., Washington, DC 20006 (of Counsel). Board approved the transfer to Feld- 06239. Applicants' Representative: Wil- The Amendments Involve: Increase man's Express, Inc., Boston, Mas., of liam J. Meuser, Attorney at Law, C6 from four to eight members of the direc- the operating rights set forth in Certifi- Cherry Street, Milford, Connecticut torships of the combined New England cate No. MC'51086 and No. MC 51086 06460. Authority sought for purchase by carrier group and provide procedures for (Sub-No. 4) issued March 15, 1965 and transferee of the operating rights, as set acomplishment; Embrace section 22 August 29, 1946, respectively to Rapid forth in Permits No. MC 125129 Subs-No. matters within the respective jurisdic- Transportation Company, Internal Rev- 1 and 2, issued June 13, 1966, and Octo- enue Service, successor in interest, Bos- ber 11, 1974, as follows: Glass containers. tion and procedures of the various terri- from the plant site of Knox Glass, Inc., torial rate and divisions committees; and ton, Mass. authorizing the transporta- make other changes pursuant to Ex Parte tion of general commodities over speci- at Dayville, Conn., to Cranston, R.I., and No. 297 (351 I.C.C. 437) by modifying the fied regular routes from, to, and between from*Dayville, Conn., to points in that specified points in the states of Massa- part of Massachusetts on and east of In- standing rate committee procedure In terstate Highway 91. Transferee present- section 1.6 so as to require recommendei chusetts, Rhode Island, and New Hamp- shire, and wool grease, textile machinery, ly holds no authority from this Commis- disposition advices give reasons for the sion. Application for temporary authori- action taken, require such committee to corrugated paper boxes, groceries, and turbines, over irregular routes from, to, ty under Section 210a(b) was denied by dispose of proposals within 120 days and Review Board No. 5 on June 4, 1976. maintain a record of unusual circum- and between specified points In the states stances preventing 120-day disposition, of Massachusetts, Rhode Island, and New No. MC-FC-76661, filed July 16, 1076, and give public notice of action of broad- Hampshire. James E. Mahoney, Esq. 84 Transferee: RUSSELL FRANCIS WAT- ened proposals in the disposition advice, State Street, Boston, Mass. 02109 TERS, doing business as SUPERIOR EXPRESSWAYS, 739 North Twenty- and, upon appeal, hold a rehearing to re- ROPERT L. OSWALD, on the proposal. Fifth Street, East St. Louis, IL 62205. consider its action Secretary. Transferor: Big Six Truck Service, Inc.. The complete application may be in- [PR Doc.76-35544 Filed 12-1-76;8:41S am] and-Alan J. Steinberg, Trustee, P.O. Box spected at the Office of the Commission, 148, St. Peters, MO. Authority sought for in Washington, D.C. purchase by transferee of the operating Any person desiring to protest and par- [Notice 801 rights of transferor as set forth iin ticipate in this proceeding shall notify MOTOR CARRIER BOARD TRANSFER Certificates Nos. MC 121014 Sub 2 and the Commission in writing within 30-days PROCEEDINGS MC 121014 Sub 3, Issued April 2, 1970, from the date of publication of this no- The following publications include and May 20, 1974, respectively, as fol- tice in the Federal Register. As provided -motor carrier, water carrier, broker, and lows: General commodities, over regu- by the General Rules of Practice of the freight forwarder transfer applications lar routes, between St. Louis, Mo., and Commission, persons other than appli- filed under section 212(b), 206(a), 211, St. Paul, Mo,, and between St. Louis, Mo., cants should fully disclose their inter- 312(b), and 410(g) of the Interstate and St. Peters, Mo.; calves, poultry, ma- est, and the position they intend to take Commerce Act. chinery, and machinery parts, over reg- with respect to the application. Other- Each application (except as otherwise ular routes, from Mt. Olive, Ill., to St. wise, the Commission, in Its discretion, specifically noted) contains a statement Louis, Mo.; and general commodities, may proveed to investigate and deter- by applicants that there will be no sig- over regular routes, except those of un- mine the matters invoIed, without pub- nificant effect on the quality of the usual value, livestock, Classes A and B lie hearing. human environment resulting from ap- explosives, household goods as defined by H. GoRaor Hommni, Jr., proval of the application. the Commission, commodities in bulk, Acting Secretary. and commodities requiring special equip- Protests against approval of the appli- ment, from St. Louis, Mo., to Mt. Olive, [FR Doc.76-3557 Filed 12-1-76:8:45 am] cation, which may include a request for Ill.; general commodities, over regular oral hearing, must be filed with the Com- routes except those of unusual value. mission within 30 days after the date of [Notice 791 Classes A and B explosives, household this publication. Failure seasonably to goods as defined by the Commission, MOTOR CARRIER 30ARD TRANSFER file a protest will be construed as a waiver commodities in bulk, and commodities PROCEEDINGS of opposition and participation in the requiring special equipment, between proceeding. A protest must be served DacarssR 2, 1976. Livingston, Ill., and St. Louis, Mo.; live- upon applicants' representative(s), or stock and agricultural commodities, over Synopses of orders entered by the Mo- applicants (if no such representative is irregular routes, from points In Macou- tor Carrier Board of the Commission pur- named), and the protestant must certify pin County, Ill., and those In Madison suant to Sections 212(b), 206(a), 211, that such service has been made. County, Ill., on U.S. Highway 66 and 312(b), and 410(g) of the Interstate Unless otherwise specified, the signed Illinois Highway 112, to St. Louis, Mo.: Commerce Act, and rules and regulations original and six copies of the 'protest and general commodities, over Irregular prescribed thereunder (49 CFR Part shall be filed with the Commission. All routes, except those of unusual value. 1132), apear below: protests must specify with particularity Classes A and B explosives, household Each application (except as otherwise the factual basis, and the section of the goods as defined by the Commission, specifically noted) filed after March 27, Act, or the applicable rule governing the commodities In bulk, and commodities 1972, contains a statement by applicants proposed transfer which protestant be- requiring special equipment, from St. that there will be no significant effect on lieves would preclude approval of the Louis, Mo., to points In Macoupin Coun- the quality of the human environment application. If the protest contains a re- ty, Ill., and those In Madison County, resulting from approval of the applica- quest for oral hearing, the request shall Ml., on U.S. Highway 66-and Illinols tion. As provided in the Commission's be supported by an explanation as to Highway 112. Transferee presently holds Special Rules of Practice any interested why the evidence sought to be prerented no authority from this Commission. Ap- person may file a petition seeking recon- cannot reasonably be submitted through plication has not been filed for tempor- sideration of the following numbered the use of affidavits. ary authority under Section 210a(b). proceedings on or before December 22, The operating rights set forth below No. MC-FC-76666, filed July 22, 1976. 1976. Pursuant to Section 17(8) of the are in synopses form, but are deemed Interstate Commerce Act, the filing of sufficient to place interested persons on Transferee: RESNO TRAVEL CEN- such a petition will postpone the effec- notice of the proposed transfer. TER, INC., 2220 Tulare Street, Fresno, tive date of the order in that proceed- No. MC-FC-76601, filed September 27, Calif. 93721. Transferor: Educational ing pending its disposition. The matters 1976. Transferee: INDEPENDENT Tours of California, Inc,, 3112 North '7th relied upon by petitioners must be speci- FREIGHT, INC., R.F.D. 1 Route 44, Box Street, Fresno, Calif. 93703. Applicants' fied In their petitions with particularity. 150, Putnam, Connecticut 06260. Trans- representative: Frederic A. Milnes,

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, OiSE, 2, 1916 NOTICES -52953

Jeannette, Ford City, Blairsville, Johns- Fresno Travel Center, Inc., 2220 Tulare ington, Pa., to -Washington, D.C., Balti- more, Md., and Scarsdale and New York, town, Altoona, and Warren, Pa., to Street, Fresno, Calif. 93721. Authority Cleveland, Ohio, with restrictions. sought for purchase by transferee of the N.Y., Fertilizer, over irregular routes, from Carteret, N.J., to points in Lehigh Bakery products, and empty containers operating rights of transferor, as set therefor,.between Pittsburgh, Pa., and forth in License No. MC 130020, issued County, Pa., from Baltimore, Md,, to points in Lehigh County, Pa.. municlpali- points In Jefferson, Columbiana, Mahon- May 23, 1967, as follows: To engage as a Lake, Geauga, ties other than Chapman, Pa., from Ing, Trumbull, Ashtabula, broker at Presno, Calif., in the transpor- Portage, Stark, Carroll, Cuyahoga, Sum- their baggage, Wilmington, Del., to points in Lehigh, tation of passengers and mit, and Medina Counties, Oh. Bakery in round-trip tours, in special and char- Northampton, Berks, Carbon, and Schuy- Pa., from Hagerstown, Md., products, between Pittsburgh, Pa., and ter operations beginning and ending at, kill Counties, Ohio. Empty containers to points in Lehigh and Carbon Coun- Ubrichsvlle, 'F resno, Calif., and extending to points in used In the transportation of bakery ties, Pa., potatoes, over irre ular routes, the United States (ncluding-Alaska but products, from Uhrichsvlle, Oh., to Pitts- 'excluding Hawai), subject to certain re- from points in Lehigh and Carbon Coun- Transferee burgh, Pa., Bakenj equipment, raterials, strictions. Transferee presently holds no ties, Pa., to Washington, D.C. and supplies, Incidental to the production authority from this Commission. Appli- presently holds no authority from this products, and empty containers been of ba:ery cation has not been fled for temporary Commission. Application has not bakery materials and supplies, over Sec- for authority. filed for temporary authority under irregular routes, between the plant site of tion 210a(b). No. MC-FC-766T3, fled July 28, 1976. Mallet & Company, Inc., in the Borough Transferee: DANIEL BOONE, doing No. MC-FC-7313, filed November 3, of Rozzlyn Farms, Alcaheny County, Pa., business as DANIEL BOONE TRUCK- 1976. Transferee: Edward C. Malley. on the one hand, and, on the other, ING, 15925 South darfield, Paramount, doing business as Malley Trucking, 2300 polnts in Ohio, Wes-t Virginia, Maryland. Calif. 90723. Transferor: Daniel Boone Palmer St., Pittsburgh, Pa. 15218. Trans- Maine, Massachusetts, Connecticut, and Arthur Costello, a partnership, doing. feror: Sanitary Transfer,. Inc., 126 Rhode Island, New York, Pennsylvania, business as Daniel Boone Trucking, 15925 Homestead Street, P.O. Box 8298, Pitts- North Carolina, Michigan, Missouri, New South Garfield, Paramount, Calif. 90723. burgh, Pa. 15218. Applicants' representa- Jersey, the District of Columbia, Ver- - Authority sought for purchase by trans- tive(s) : John A. Vuono, Attorney at Law, mont, New Hampshire, fiiarare, Vir- feree of the operating rights of trans- 2310 Grant Building, Pittsburgh, Pa. ginia, South Carolina, KentucTy, "en- feror, as set forth in Certificate No. MC 15219; John C. Botula, Attorney at Law; nessee, Georgia, Florida, Mississippi, 108200, issued August 4, 1967, as follows: 707 Grant Building, Pittsburgh, Pa. Alabama, Texas, Kansa, Indiana, 111i- General commodities, except those of 15219. Authority sought for purchasq by nols, and Wisconsin. With restrictions. unusual value, classes A and B explosives, transferee of the! operating rights of Transferee presently holds no authority has livestock, petroleum in bulk, commodi- transferor, as set forth in Certificates No. from this Commission. Application ties requirng special equipment, and MC 123308 and Subs 3 and 4, isued April been filed for temporary authority .under household goods as defied by the Com- 14, 1967, December 21, 1970 as corrected Section 210atbO. mission, between points in the Los An- January 19, 1971, and August 15, 1972 RorT I=. O,:7 , geles, Calif, Commercial Zone, as defined respectively as follows: Bakery products, - Secretary. by the Commission, on the one hand, and, materials, equipment, and supplies inci- on the other, steamship -piers and docks dental to the production of bakery prod- tPn Dan3C-35545 Filed 12-I-76;&:45 aml at Long Beach Harbor and Los Angeles ucts, potato chips, in containers, and for potato chips and Harbor, Calif. Transferee presently holds empty containers PETITIONS FOR MODIFICATION, INTER- over regular routes, be- no authority from this Commission. Ap- bakery products, PRETATION OR REINSTATEMENT OF beenfiled for temporary tween Pittsburgh, Pa., and Wheeling, W. RIGHTS AUTHORITY plication has not of OPERATING authority under Section 21Oa(b). Va., serving the intermediate point Hollidays Cove, W. Va., and the off-route The following petitions seek modifica- No. MC-FC-76746, filed October 29, point of Steubenville, Ohio, between tion or interpretation of exting operat- 1976. Transferee: Phillip K. Empson, Pittsburgh, Pa., bind Cleveland, Ohio, Ing rights authority,or reinstatement of R.D. No. 1, Ulysses, Pennsylvania 16948. serving the intermediate point of Akron, terminated operating rights authorit. Transferor: Robert W. Gibson, RD. No. Ohio, Between Pittsburgh, Pa., and An original and one copy of protests 1, Ulysses, Pennsylvania 16948. Appli- Youngstown, Ohio, serving no inter-, to the granting of the requested au- cants' representatives: John D. Lewis, mediate points. Between Pittsburgh, Pa., thority must be filed with the Commis- Cox, Wilcox, Owlett & Lewis, 19 Central and Canton, Ohio. serving no intermedi- slon on or before January 3, 1977- Such Avenue, Wellsboro, Pennsylvania 16901. ate points, between Pittsburgh, Pa., and protest shall comply with Special Rule Authority sought for purchase by trans- Clarksburg, W. Va., seving the inter- 247(d) of the Commisson's- General feree of that portion of the pperating mediate point of Fairmont, W. Va., be- Rules of Practice (49 CFR I1oo.247)1 and rights of transferor, as set forth in Cer- tween Pittsburgh, Pa., and Cumberland, shall include a concise statement of pro- tificate No. MC 124795, issued January -Md., serving no intermediate points. testant's interest in the proceeding and copies of its conflicting authorities. Veri- 24, 1963, as follows: Feed, from Niagara Bakery products, containers therelor, and Olean, filed statements in opposition should not Falls,. Buffalo, Rochester, and advertising matter used in con- N.Y_, to points in McKean, Potter, Cam- be tendered at this time. A copy of the nection therewith, and potato chips, in protest shall be served concurrently upon eron and Tioga Counties, Pa. Transferee containers, over irregular routes, From presently- holds no- authority from this petitioner's representative, or petitioner Pittsburgh, Pa., to Zanesville, Ohio, and representativeis named.. - Commission. Application has not been Huntington and Charleston, W. Va.; and in no filed for- temporary authority under Empty containersfor potato chips, from No. MC 126383 (Sub-Nos. 1 and 2o Section210a(b). Zanesville, Ohio, and Huntington and (Notice of Filing of Petition To Modify No. MC-FC-76817, fled November 5, Charleston, W. Va., to Pittsburgh, Pa. Territorial Description), filed Novem- 1976. Transferee: Wayne H. Kunkel, R.D. Bakery products, and materials, equip- ber 12, 1976. Petitioner: G & W TRANS- 1, Kempton, Berks'County, Pa. 19529. ment and supplies incidental to the pro- PORT, INC., 100 S. Adams St .Rockvile, Transferor: Ralph D. Weaver, Inc., 10th duction of bakery products, from Cleve- Md. 20850. Petitioner's representative: and Sumner Ave., Allentown, Pa 18102. land, Oh., to Greenville, Rochester, Gerald K. Gimmel, Suite 145, 4 Profes- Applicants' representative(s): Paul B. Butler, Charlerol, Brownsville, Dunbar, sonal Drive, GaltheTburg, Md. 20760. Kemmerer 1620 N. 19th St., Allentown, Connellsville, Jeannette, Ford City, Petitioner holds motor contract carrier Pa. 18104. Authority sought for purchase Blairsville, Johnstown, Altoona, and Permits in 11o. MC 126383 (Sub-Nos. 1 by transferee (lessee) of the operating Warren, Pa.; and Empty containersused rights of transferor, as set forth in Cer- in the transportation of the commodities 1 Copies of Specla Rule 247 (am amended) tificate No. MC 24491, issued November specified immediately above, from Green- can be obtained by writing to the Secretazr, 14,1963, as follows: Slate and slate prod- ville, Rochester, Butler, Charlerol, Interstate Commerce Commldon, Washing- vcis, over irregular routes, from Slat- Brownsville, Dunbar, Connellsvlle, ton, D.O. 20423.

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES and 2), issued May 5, 1967, authorizing tively, authorzing transportation (1) in ents thereof (except commodities In transportation (1) in MC 126383 (Sub- MC 135425 (Sub-No. 8) over irregular bulk), from points in IKansas, Kentucky, No. 1) over irregular routes, of malt routes, of such commodities as are dealt Minnesota, Montana, North Dakota, Now beverages, in containers, from New York, in by a manufacturer of power tools, and York, Nebraska, Oklahoma, South Dako- N.Y., and Newark and Elizabeth, N.J., to materials, supplies and equipment (ex- ta, Wisconsin and Wyoming, to St. Jo- Silver Spring, Md., and points in cept commodities in bulk) used in the seph, Mo., under a continuing contract, Montgomery County, Md., within 10 miles conduct of such business, between Hamp- or contracts, with Farmland Industries, of Silver Spring, under a continuing con- stead and Easton, Md., Tarboro and Inc.; Missouri Chemical Company; and tract, or contracts, with the Montgomery Fayetteville, N.C. and Lancaster, Pa., on Techne Corporation. The purpose of this County, Md., Department of Liquor Con- the one hand, and, on the other, points- republication is (1-to indicate that the trol; and (2) in MC 126383 (Sub-No. 2) in Arizona, California, Nevada, and actuhl grant of authority changes the over irregular routes, of (a) malt bever- Utah, under a continuing contract, or exception of the commodity description ages, in containers, from Philadelphia, contracts, with The Black and Decker to read: "commodities in bulk" In lieu and Norristown, Pa. to Silver Spring, Md., Manufacturing Company of Towson, of "liquids in bulk in tank vehicles"; and and points in Maryland within 5 miles of Md., and (2) in MC 135425 (Sub-No. 9) (2) to indicate the addition of Nebraska Silver Spring; and (b) empty malt bever- over irregular routes, of such. commodi- as a origin point. age containers, from Silver Spring, Md., ties as are dealt in by a manitfacturer and points in Maryland within 5 miles of power tools, and materials, supplies No. MC 130307 (republication), filed of Silver Spring, to Philadelphia and and equipment (except commodities in March 19, 1975, published in the FEDERAL Norristown, Pa., under a continuing con- bulk) used in the conduct of such busi- REGISTER Issue of May 8, 1975, and re- tract, or contracts, with the Montgomery ness, between Hampstead and Easton, published this issue. Applicant: TOUR- County Department of Liquor Control, of Md., Tarboro and Fayetteville, N.C., and PAX INTERNATIONAL INC., 247 West Montgomery County, Md. By the instant Lancaster, Pa., on the one hand, and, 12th Street, New York, N.Y. 10014. Ap- petition, petitioner seeks to modify the on the other, points in Oregon, Colorado plicant's representative: Shatzkn and territorial descriptions in both of the and Washington, under a continuing Cooper, 235 East 42nd Street, New York, above Sub-Nos. by deleting in each all contract or contracts with Black and N.Y. 10017. An Order of the Comiamission reference to Silver Spring, Md., and Decker Manufacturing -Company, of Review Board Number 4, dated October points within 5 or 10 miles thereof, as the Towgon, Md. By the instant petition, 5, 1976, and served October 13, 1976, finds case may be, and substituting in lieu petitioner seeks to add Cockeysville, Md. that the present and future public con- thereof the description "the facilities of as an additional base point to the au- venience and necessity require opera- the Montgomery County, Md., Liquor thdrity in both of the above Sub-Nos. tions by applicant at New York, N.Y., as Control Board in Montgomery County, a broker in arranging for transportation Md." REPUBLICATIONS OF GRANTS OF OPERAT- by motor vehicle, in foreign commerce, No' MC 135018 of: Passengers and their baggage, In spe- (Sub-No. 4) (Notice -FICATION cial and charter operations, In round- of Filing of Petition To Modify Permit), The following grants of operating October 27, rights authorities are republished trip tours beginning and ending at ports filed 1976. Petitioner: SEA- by or- of entry in the United HORSE TRANSPORT, INC., 11 South- der of the Commission to indicate a States, including side Road, P.O. Box 3707, Port Browns- broadened grant of athorty Alaska and Hawaii, that applicant Is fit, over that willing, and able properly to perform ville, Tex. 78520. Petitioner's representa- bre ned n tho over that tive: Michael J. Ogborn, 300 N.S.E.A. previously noticed in the FEDERAL REG- such service and to conform to the re- Building, P.O. Box 82028, Linoln, Nebr. 3IsTER. An original and one copy of pro- quirements of the Interstate Commerce 68501. Petitioner holds a motor contract tests to the granting of the authority Act and the Commission's rules and reg- carrier Permit in No. MC 135018 (Sub- must be filed with the Commission within ulations thereunder. The purpose of this No. 4), issued May 18, 1976, authorizing 30 days after the date of this FEDERAL republication is to (1) indicate the grant it to operate in foreign commerce in the REGISTER notice; Such protest shall com- of operation in round-trip tours; and (2) transportation over irregular routes of-: ply with Special Rule 247(d) of the Coin- indicate the grant of beginning and end- (1) materials, supplies, and equipment mission's General Rules of Practice (49 ing at ports of entry in the United States used in the manufacture, sale, and dis- CFR 1100.247) addressing specifically the including Alaska and Hawaii, In lieu tribution of electrical motors and equip- issue(s) indicated as the purpose for re- of between ports of entry along the In- ment, from Cleveland, Ohio, and Chicago, publication, and including a concise ternational Boundary line between the Ill., to Brownsville, Tex.; and (2) elee- statement of proteftant's interest in the United States and Canada, including trical machinery and equipment from\ proceeding and copies of its conflicting Alaska and Hawaii, on the one hand, Brownsville, Tex., to points in Illinois,\ authorities. Verified statements in oP- and, on the other, points in the United Michigan, Kentucky, Wisconsin, lndi- position shall not be tendered at this States, including Alaska and Hawaii, ana, and Texas, under a continuing con- time. A copy of the protest shall be No. MC 141985 (Republication), filed tract, or contracts, with Sheller-Glole served concurrently upon the carrier's' March 30, 1976, published in"the FEDERAL Corporation, of Toledo, Ohio, restricted representative, or carrier if no represen- REGIsTER issue of May 5, 1976, and re- in (1) and (2) above againse the trans- tative is named. published this issue. Applicant; TAB portation of commodities in bulk, or those No. MC 114239 (Sub-No. 33) (Repub- TRANSPORTATION, INC., 1631 Perrino which by reason of size or weight require lication), filed August 21, 1975, published Place, Los Angeles, Calif. 90023. Appli- the use of special equipment. By the in- in the FEDERAL REGISTER issue of October cant's representative: David P. Christ- stant petition, petitioner seeks to broaden 31, 1976, and republished as granted this ianson, 606 South Olive, Suite 825, Los the authority above (I) by authorizing issue. Applicant: FARRIS TRUCK LINE, Angeles, Calif. 90014. An Order by the operations in both interstate and foreign a Corporation, Faucett, Mo. 64448. Ap- Commission, Review Board Number 3, commerce; and (H) by adding Iowa and plicant's representative: Tom B. Kret- dated October 19, 1976, and served No- Ohio as destination states to (2) above, singer, Suite 910 Fairfax Building, 101 vember 4, 1976, finds that the present No. MC 135425 (Sub-Nos. 8 and 9) West Eleventh Street, Kansas City, Mo. and future public convenience and neces- (Notice of 'iling of Petition To Add 64105. An Order of the Commission Re- sity require operations by applicant in Base Points), filed November 10, 1976. view Board November 2, dated October interstate or foreign commerce, as a Petitioner: CYCLES LIMITED, a Cor- 27, 1976 and served November 18, 1976, common carrier by motor vehicle, over poratlon, P.O. Box 5'15, Jackson, Miss. finds that the present and future public irregular routes in th6 transportation of: 39208. Petitioner's representative: Mor- convenience and necessity require opera- Gratings,Footwalks, scaffolds, aluminum ton E. Kiel, Suite 6193, 5 World Trade tions by applicant In interstate or foreign lineal shapes, stainless steel sink frames, Center, New York, N.Y. 10048. Petitioner commerce, as a contract carrierby motor tables, hardware, ladders, plumbing, holds motor contract carrier Permits in vehicle, over plumbers fittings, plastic articles, alumi- irregular routes in the num boats, floating dock and houses or No. MC 135425 (Sub-Nos. 8and 9), issued transportation of Containers and bags, buildings, candy, gum, and cough drops, April 18, 1975 and June 9, 1976, respec- and agricultural pesticides and ingredi- between the facilities of TAB Trans-

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52955

portation, Inc., located in Los Angeles plicant states that there will be no sig- tions in Motor Carrier Certificates, 61 County, Calif.; on the one hand, and, on nificant effect on the quality of the hu- M.C.C. 209 and 766 (except hides and. -the other, points in Los Angeles, Orange, -ian environzient resulting from ap- commodities in bulk, in tank vehicles), San Diego, Riverside, San Bernardino, proval of its application. (1) from Denver, Colo, to points in Il- linois, Indiana, Kentuc-y, Michigan, Ventura, Santa Barbara and Kern Coun- No. MC 2052 (Sub-No. 9), filed No- ties, Calif. The purposeof this republica- Ohio and Wisconsin; (2) from the plant- vember 4, 1976. Applicant: BLAIR, site and storage, facilities of Morgan tion is to indicate the grant of authority TRANSFER, INC., 203 South 9th Street, -toadd to applicants commodity descrip- Colorado Beef, located at or near Fort Blair, Nebr. 68008. Applicant's represent- Morgan, Colo., to points in Illnois5,In- tion to include: Gratings, footwalks, ative: Patrick E. Quinn, P.O. Box 82028, scaffolds, aluminum lineal shapes, stain- diana, Iowa, Kentucky. Michigan, Ohio Lincoln, Nebr. 68501. Authority sought and Wisconsin; and (3) from the plant- less steel sink frames, tables, hardware, to operate as a common carrier,by mo- ladders, plumbing, plumbers fittings, site and storage facilities utilized by tor vehicle, over Irregular routes, trans- Sterling Colorado Beef Co., located at plastic articles, aluminum boats, floating porting: Meats, meat products, meat dock and houses or buildings. or near Sterling, Co., to points in Ili- by-products, and articles distributed by nols and Wisconsin. MOTOR-CARRIER, BROKER, WATER'CARRIER meat pacldnghouses, as described In Sections A and C of Appendix I to the NoTr.-Common control may h involved. AND- FREIGHT FORWARDER,. OPERATING If a bearing k, deemed neccz-ry, the apli- " RIGHTS APPLIcATIONS report in Descriptions in Motor Carrier cant requests to ha held at Denver, Colo. Certificates, 61 B.C.C. 209 and 76G (ex- The foliowing applications are gov- cept hides and commodities in bulk), No. MC 26739 (Sub-No. 89) fled No- erned by Special Rule 247 of the Com- from the facilities of Spencer Foods, vember 4, 1976. Applicant: CROUCH mission's General Rules of Practice (49 Inc., located at or near Schuyler, Nebr., FREIGHT SYSTEM[S, a Corporation, CPR § 1100.247). These rules provide, to points in Illinois, Iowa and Wisconsin. P.O. Box 1059, St Joseph, Mo. 64502. Ap- among other things, that a _protest to Note: If a hearing is deemed necessary. plIcant's representative: Roland Rice. the granting of an application must be the applicant requests It be held at 1111 E Street, N.W., Suite 618, Washing- filed with the Commission within 30 days Omaha, Nebr. of ton: D.C. 20004. Authority sought to op- after the date notice of filing of the erate as a common carrier,by motor ve- application is published in the FEDERAL No. M61C2900 (Sub-No. 293) (Partial REGISTER. Failure to seasonably to file a Correction), filed June 8, 1976, pub- hicle, over regular routes, transporting: protest will be construed-as a6waiver of lished in the FEDERAL REGSTr Issue of General Commodities (except those of opposition and participation in the pro- July 22, 1976, republished as corrected usual value, Ciases A and B explosives, ceeding. A protest under these rules this issue. Applicant: RYDER TRUCK household good as defined by the Com- should comply-with section.247(d) (3) of IMNES, INC., 2050 Kings Road, P.O. Box mission, commodities in bulk, and those the rules of practice which requires that 2408, Jacksonville, Fla. 32203. Appli- requiring special equipment), Between it set forth specifically the grounds upon cants representative: S. E. Somers, Jr. Topeka, cans. and junction U.S. High- ivhich it is made, contain a detailed (same address as applicant). The pur- way 277 (also U.S. Highwai 281) and statement of protestant's interest in the pose of this partial republication Ia to U.S. Highway 62, for the purpose of proceeding (including a copy of the indicate the request of "R"-ular Route joinder only, serving no intermediate specific portions of its authority which Authority" in lieu of "Irre ular Route points: From Topeka over the Kansas ,protestant believes to 4e in conflict with Authority" which was published in cror. Turnplko to junction Interstate Highway that sought in the application, and de- HEARING: On February 7, 1070, at 35, thence over Interstate Highway 35. to scribing in detail the method-whether 9:30 aam. Local Time, for (2) wveel at junction Olahoma Highway 7, thence by joinder, interline, or other means-by Atlanta, Ga., place to bo later deamlagtcd. over Oklahoma Highway 7 to junction which protestant would use such author- No. M C 11207 (Sub-No. 331) filed No- U.S. Hfghway 277 (also U.S. Highway ity to provide all or part of the service vember 5, 1976. Applicant: DEATON, 201), and return over the same route. proposed), and shall specify with par- INC., 317 Avenue W, P.O. Box 938, Bir- IIOE.-Common control may be involved. ticularity the facts, matters, and things mingham, Ala. 35201. Applicant's repre- If a hearing b deemed necezary, the appll- relied upon, but shall not include issues sentative: D6-ald-B. SWeeney, Jr., 601- cant rcque st it be held at Washington, D.C. or allegations phrased generally. Pro- 09 Frank Nelson Building, Birmingham, No. MC 29120 (Sub-No. 198) filed No- tests not in feasonable compliance with Ala. 35203. Authority sought to operate vember 1,1976. Applicant: ALL-AMERI- the requirements of the rules may be re- as a common carrier,by motor vehicle, CAN, INC., 900 West Dela ware, P.O. Box jected. The original and one copy of the over irregular routes, transporting: 769, Sioux Falls, S. Dak. 57101. Appli- protest shall be filed with the Commis- Brass, bronce and copper pipe, tubing, cant's representative: Ralph H. Jinks -sion, and a copy shall be served concur- fittings, rods, castings, and valves or the facilities of Mueller Brass (same address as applicant). Authority rently upon applicant's representative, cocks,from to operate as a carrier, or applicant if no representative is Co., located at or near Covington. Tenn., sought common to points in Alabama, Arkansas, Florida, by motor vehicle, over Irregular routes, named. If the protest includes a request transporting: Such commodities as are for oral heaxing, such requests shall meet Georgia, Kentucky, Louisiana, Missis- the requirements of section 247(d) (4) of sippl, Missouri, North Carolina, Okla- dealt in by retail and wholesale depart- the special -rules, and shall include the homa, South Carolina, Texas and Vir- ment and hardware stores (except com- certification required therein. Section ginia. modities in bulk), (a) from points in 247(f) further provides, in part, that an NOT=.-If a hearing I- deemed nccc=ary, Indiana, Kentucky, M chigan and Ohio, applicant who does not intend timely to the applicant requezts It bo held at either to Kansas City.,Mo.; and (b) from points Charlotte, N.C., or Birmingham. Ala. in Ilinols, Indian. Kentucky, Michigan, prosecute its application shall promptly Missouri. Ohio and Wisconsin, to Brook- request -dismissal thereof, and that fail- No. MC 25869 (Sub-No. 129) filed No- ure to prosecute an application iimder ings, S. Dak., restricted in (a) and (b) vember 8, 1976. Applicant: NOLTE above to the transportation of traffic dez- procedures ordered by the Commission BROS. TRUCK LINE, INC., 0217 Gil- will result in dismissal ol the applica- more Avenue, P.O. Box 7184, Omaha, tined to the facilities of Coast to Coast tiom Further processing steps will be by Nebr. 68107. Applicant's representative: Stores Central Organization, Inc. located Commission order -which will be served Donald L. Stern, Suite 530 Univac Bldg., at or near the above named destinations. on each party of record. Broadening 7100 West Center Road, Omaha, Nebr. lror.--Common control may be ln 'olved. amendments will not be accepted after 68106. Authority sought to operate as a f a hearing I- deemed necesc-ay. the appil- the date of this publication except for. common carrier,by motor vehicle, over cant requestl t be held at Mhinneapolis, MInn. good cause shown, and restrictive irregular routes, transporting: Meats, amendments-will not be entertainedfol- meat products, meat by-products, and No. MC 31389 (Sub-No. 220) filed No- lowing publication in the Federal Reg- articles distributed by meat paciang- vember 1, 1976. Applicant: MCLEAN ister of a notice that the proceeding has houses as described in Sections A and C TRUCKING COMPANY, a corporation, been assigned for oral hearing.Each ap- of Ap'pendlx I to the report in Descrip- 617 Wauhtown Street, P.O. Box 213,

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52956 NOTICES Nom.-If a hearing Is deemed necessary, authorized rogular route operations to Winston-Salem, N.C. 27102. Applicant's and from Manheim, Pa. , (same the applicant requests it be held at Cin- representative: David F. Eshelman, cinnati, Ohio. I Nos.--Conunor control may be lhvolved. address as applicant). Authority- sought to operate as a common carrier,by motor No. MC 41404 (Sub-No. 124) filed No- If a hearing is debmed necezsary, the appli- vehicle, over regular routes, transport- vember 1, 1976. Applicant: ARGO-COL- cant requests It be held at Washington, D.C., ing: General commodities '(except those LIER TRUCK LINES CORPORATION, or Philadelphia, Pa, of unusual value, Classes A and B explo- Fulton Highway, P.O. Box 440, Martin, No. MC 46737 (Sub-No. 50) filed No- GEORGE F.' sives, household goods as defined by the Tenn. 38237. Applicant's representative: vember 3, 1976 Applicant: - a Corporation, Commission, commodities in bulk and Mark L. Home (same address as ap ALGER COMPANY, Road, Dearborn Height"', those requiring special equipment), Serv- plicant). Authority sought to operate as 26380 Van Born Mich. 48125. Applicant's representative: ing the plantsite of Industrial Screw Con- a common carrier,by motor vehicle, over Meat, Martin J. Leavitt, 22375 Haggerty Rd., veyors, Inc., located at or near Joshua, irregular routes, transporting: and meat by-products, as P.O. Box 400, Northville, Mich. 48107. Tex., as an off-route point in connection meat products, A and C of Ap- Authority sought to operate as a com- with applicant presently authorized reg- described ,in Sections pendi I to the report in Descriptions in ular route operations. Motorad66(except CarrierCertificates, hides and 61commodities M.C.C. 209 monuarrie,regular routes, byamotor .transporting: v e Cement,e, I-in Nou.- Common contrbl may be involved. and 766 (rom hes and o bulk, from points in Monroe County, If a hearing Is deemed necessary, the appli- in bulk), from the plantsite of Irand 0' ch West cant requetss It be held at either Houston, Frost, Inc., located at Searcy, Ark., to Mich., to points In Kentucky and Tex. or Washington, D.C. points in Alabama, Georgia, Kentucky, Virginia. No. MC 31389 (Sub-No. 221) filed No- Louisiana, Mississippi, North Carolina, _NoTE.If a hearing Is deemed necenary, it be held at either vember 5, 1976. Applicant: MCLEAN South Carolina and Tennessee. -- Detroit,the applicant Mitch. orrequests Chicago, III. TR'UCKING COMPANY, a Corporation, NoT.-Common control may be involved. 617 Waughtown Street, Winston-Salem, If a hearing is deemed necessary, the ap- No. MC 47583 (Sub-No. 37) filed Octo- N.C. 27107. Applicant's representative: plicant requests-it be held at either Mem- ber 28, 1976. Applicant: TOLLIE INC., 1020 Sunshine David F. Eshelman, P.O.'Box 213, Win- phis, Tenn. or Little Rock, Ark. FREIGHTWAYS, ston-Salem, N.C. 27102. Authority sought No. MC 42011'(Sub-No. 25) filed No- Road, Kansas City, Kans. 66115. Appli- to operate as a common carrier, by motor vember 8, 1976. Applicant: D. Q. WISE & cant's representative: D. S. Hults, P.O, vehicle, over regular routes, transport- CO., INC., P.O. Box 1512 , Tulsa, Okla. Box 228, Lawrence, Kans. 66044. Author- ing: General commodities (except those 74115. Applicant's representative: Mar- ity sought to operate as a common car- of unusual value, Classes A and B explo- vin J. McDonald (same address as ap- rier, by motor "vehicle, over Irregular sives, household goods as defined by the plicant). Authority sought to operate as, routes, transporting: Fertilizerspreaders Commission, commodities in bulk, and a common carrier,by motor vehicle, over with poles detached and agricultural1im- t those requiring special equipment), irregular routes, transporting: Boards- plement repair parts other than hand Serving the plantsite and distribution building, wall and insulating,. from iron or steel in packages, from the plant[, to points in Kansad site of Tote Systems, a division of Hoover facilities of Mueller Brass Company, lo- Grand Prairie, Tex., i Oklahoma. Ball & Bearing Co. located at Lenox, cated at or near Fulton, Miss., as an off- aid i route point in connection with appli- a hearing Is deemed necessary, Iowa, to points in Alabama, Arkansas NOTE.-If Missouri, cant's regular route operations. the applicant requests it be held -at Dallas, Kansas, Louisiana, Mississippi, Tex. Oklahoma, Tennessee and Texas. control may be involved. NoTE.-Common Nos.-Common control may be involved. If a hdaring fsdeemed necessary, the appli- No. MC 44300 (Sub-No. 17) filed No- If a hearing is deemed necessary, the applicant requests it be held at either Charlotte, vember 3, 1976. Applicant: HESS CART- cant requests it be held at Xansas City, Mo, N.C. or Washington, D.C. AGE COMPANY, 17065 Hess Street, P.O. Box 3020, Melvindale, Mich. 48122. Ap- No. MC 48957 (Sub-No. 27) filed No- No. MC 39763 (Sub-No. 4) filed No- vember 10, 1976. Applicant: CROWN vember 3, 1976. Applicant: G. E. plicant's representative: Martin J. Leavitt, 22375 Haggerty Rd., P.O. Box MOTOR FREIGHT CO., a Corporation, GROGER TRUCK LINE, INC., 70 N 832 East 28th Street, Paterson, N.J. Main Street, Walton, Ky: 41094. Ap- 400, Northville, Mich. 48167. Authority sought to operate as a common carrier, 07513. Applicant's representative: S. S. plicant's 'representative: Robert H. Eisen, 370 Lexington Avenue, New York Kinker, 711 McClure Bldg., P.O. Box 464, by motor vehicle, over irregular routes, transporting: Cement, in bulk from City, N.Y. 10017. Authority sought to Frankfort, Ky. 40601. Authority sought operate as a common carrier, by motor to operate as a common carrier, by motor points in Monroe County, Mich., to points in 'Kentucky and West Virginia. vehicle, over irregular routes, transport- vehicle, over regular routes, transporting: Rayon, rayon yarn, rayon fibre, ing: General commodities (except those NoT.--If a hearing is deemed nicessary, rayon yarn products, rayon waste, syn- of unusual value, Classes A and B ex- the applicant requests it be held at-Detroit, thetic yarn, synthetic fibre, synthetic Ill. " plosives, household goods as defined by Mich., or Chicago, staple fibre and synthetic fibre products, the Commission, commodities in bulk, No. MC 45296 (Sub-No. filed'Octo from Front Royal, Va., to point$ In Con- and those requiring special equipment), ber 19, 1976. Applicant: H. M. WIT- necticut, Maryland, Massachusetts, New (1) Between the junction of Kentucky MYER, INC.,, doing business as WIT- Jersey, New York, Pennsylvania and Highway 17 and U.S. Highway 42 and the MYER EXPRES LINES, 15 South Wolf Rhode Island. junction of U.S. Highway 25 and Ken- Street, Manheiin, Pa. 17545. Applicant's Nor.-If a hearing is deemed necesary, tucky Highway 16, serving all intermedi- representative: A. David Millner, 167 the applicant requests it be held at lti-e ate points: From the junction "of Ken- Fairfield Road, P.O. Box 1409, Fairfield, New York, N.Y., or Philadelphia, Pa. tucky Highway 17 and U.S. Highway 42 N.J. 07006. Authority sought tp operate junction Ken- No. MC 52704 (Sub-No. 134) filed No- over U.S. Highway 42 to a common carrier,by motor vehicle, over Kentucky as vember 1, 1976. Applicant: GLENN MC- tucky Highway 18, thence over regular routes, transporting: Ge.n- Kentucky High- CLENDON TRUCKING COMPANY, Highway 18 to junction 'eral commodities (except those of pn- way 338 near Rabbit Hash, Ky., thence INC., P.O. Drawer "H", Opelika High- usual value, Classes A and B explosives, way, Lafayette, Ala. 36862. Applicant's south and east over Kentucky Highway household goods as defined by the Com- 338 to its junction with U.S. Highway 25, repersentative: Archie B. Culbreth, Suite mission, commodities in bulk, commodi- 246, 1252 West Peachtree St., N.W., At- thence over U.S. Highway 25 to junc- ties requiring special equipment, and 16, and return lanta, Ga. 30309. Authority sought to tion Kentucky Highway those injurious or contaminating to other and (2) Between operate as a common carrier, by motor over the same route; lading): Serving the premises of Arm- Beaverlick, Ky., and Walton, Ky., serving vehicle, over Irregular routes, transport- all intermediate points: From Beaver- strong Cork Company, in East Heinpfleld ing: Paper bags; wrapping paper and lick over Kentucky Highway 1292, to Township, Pa., as an off-route point in pulpboard, from St. Marys, Ga., to points in Alabama, Arkansas, Florida, Loulsi- Walton,-and return over the same route. connection with applicant's presently

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52957

ana, Maryland, Mississippi, North Caro- kota, Texas, Utah, Washington, Wiscon- Check, P.O. Box 855, Des Moines, Iowa lina, Oklahoma, South Carolina, Ten- sin and Wyoming. 50304. Authority sought to operate as a nessee, Texas and Virginia. Nom.-If a hearing Is deemed nece:rsry, common carrier,by motor vehicle, over NoT.-If a hearing Is deemed necessary, the applicant requests It be hold at Omaha, irregular routes, transporting: Liquid applicant requests It be held at Atlanta, Ga. Nebr. fertilizer and fertilizer ingredients, in No. MC 65626 bulk, in tank vehicles, from Maricopa (Sub-No. 30) filed No- No. MC 83539 (Sub-No. 44G), filed No- and Pima Counties, Ariz, to points in vember 3, 1976. Applicant: FREDONIA vember 1, 1976. Applicant: C & H California. EXPRESS, INC., Rte 60, P.O. Box 222, TRANSPORTATION CO., INC., 193C- Fredonia, N.Y. 14063. Applicant's repre- 2010 West Commerce St., P.O. Box 5976, Nory-Common control may be Involved Dallas, Tex. 75222. Applicant's repre- If a hearing Is deemed nece=,ary, the appli- sentative: E. Stephen Heisley, Suite 805, cant requezts It be held at either Phoenix, 666 Eleventh. Street, N.W., Washington, sentative: Thomas E. James (same ad- ArL. or De-, Moines , Iowa. D.C 20001. Authority sought to operate dress as applicant). Authority sought to as a common carrier, by motor vehicle, operate as a common carrier,by motor No. MC 105457 (Sub-No. 88), filed over irregular routes, transporting: vehicle, over irregular routes, transport- October 17, 1976. Applicant: THUR- Foodstuffs, (except in bulk), from ing: (1) Lifting or handling equipment, STON MOTOR LINES, INC., 600 John- Angola, N.Y., to points in Connecticut, machinery, and parts, from points in ston Road, Charlotte, N.C. 28206. Appli- Maine, Massachusetts, New Hampshire, Logan County, Okla., to points in cantos representative: J. V. Luckadoo Rhode Island, and Vermont. the United States (including Alaska, but (same address as applicant). Authority sought to operate as a common carrier, Nom.-If a hearing Is deemed necessary, excluding Hawaii); and (2) equipment, the applicant requests it be held at Buffalo, materials, parts and supples, from by motor vehicle, over irregular routes. N.Y. points in the United 5tates (including transporting: (1) Roofing, building and Alaska, but excluding Hawaii), to points insulating materials (except. iron and No. MC 66886 (Sub-No. 51) filed No- in Logan County, Okla. steel articles and commodities in bulk). vember 1, 1976. Applicant: BELGER Noe.-Common control may be involved. from the plantsite and warehouse facili- CARTAGE SERVICE, INC., 2100 Walnut If a hearing Is deemed necezary, the appll- ties of CertainTeed Corporation located St., Kansas City, Mo. 64108. Applicant's cant requests it be held at either Oklahoma in Granville County, N.C., to points in representative: Frank W. Taylor, Jr., City, Okla., or Washington, D.C. Alabama, Connecticu, Delaware, Flor- Suite 600, 1221 Baltimore Ave., Kansas Ida, Georgia, Kentucky, Maryland, M1is- City, Mo. 64105. Authority sought to No. MC 85934 (Sub-No.-68), filed No- szis.pp, Massachusetts, New Jersey,-New operate as a common carrier, by motor vember 3, 1976. Applicant: MCHIGAN York, North Carolina, Pennsylvanc vehicle, over irregular .routes, transport- TRANSPORTATION COMPANY, a Cor- Rhode Island, South Carolina, Tenne.- ing: (1) Water Aitering and water treat- poration, 3601 Wyoming, De-arborn, see, Virginia, West Virginia, and the ment equipment; and (2) municipal and Mich. 48121. Applicant's representative: District of Columbia; (2) materiatz industrial waste treatment equipment, Martin J. Leavltt, 22365 Haggerty Road, equipment and supplies used in the man- from the plantsites and storage facilities Northville, Mich. 48167. Authority sought ufacture, installation and distribution of of General Filter Company, at or near to operate as a common carrier, by mo- roofing and building materksls, from Ames, Iowa, to points in the United tor vehicle, over Irregular routes, tramn- points in Alabama, Connecticut, Del- States (except Alaska and HawaW, reporting: Cement, in bulk, from points in ware, Morda, Georgia, Kentucky, ary- stricted against commodities in bulk. Monroe County, Mich., to points in Ken- land,' Mi-,Isippl, Massachusetts, Net- No7E.-if a hearing Is deemed.necessary. tucky and West Virginia. Jersey, New York, North Carolina, Penn- applicant requests it be held at Des Moines, No1m-If a hearing Is deemed necks-nr, sylvania, Rhode Island, South Caroltr. Iowa, or Kansas City, Mo. the applicant sequests it be held at either Tennmessee, Virgini West Virginia, and No. MC 73688 (Sub-No. 72), filed No- Detroit, Mich. or Chicago, IM. the District of Columbia, to the plant- vember 8, 1976. Applicant: SOUTHERN No. MC 95876 (Sub-No. 195), filed No- site and warehouse facilities of Certain- TRUCKING INCORPORATION, 1500 vember 10, 1976. Applicant: ANDERSON Teed Corporation located in Granvile Orenda Avenue, Memphis, Tenn. 38107. TRUCKING SERVICE, INC., 203 Cooper County, N.C.; and (3) roofing, building Applicant's representative: John Paul Avenue North, P.O. Box 1377, St. Cloud, and insulating materials and materials Jones, P.O. Box 3140, Front Street Sta- Minn. 56301. Applicant's representative: equipment and supplies used in the man- tion, Memphis, Tenn. 38103. Authority Val M. Higgins, 1000 First National Bank ufacture, installation and distribution of- sought to operate as a common carrier, Bldg., Minneapolis, Minn. 55402. Author- roofing and building materials, between by motor vehicle, over irregular routes, ity sought to operate as a common car- the plantsites and warehouse facilities of transporting: Iron and steel articles, rier, by motor vehicle, over irregular CertainTeed Corporation located in from Memphis, Tenn. and West Mem- routes; transporting: Marble chIPs, from Granville County, N.C., on the one hand. phis, Ark., to points in Kansas and Mis- Platte County, Wyo., to points In Texas. and, on the other, the plantsites and warehousd facilities of CertainTeed Cor- souri (except those points on and east No=a--Common control may be involved. of Missouri Highway 51). poration located in Clarke and Chatham If a bearing is deemed neccszary, the appli- Counties, Ga. and York County, Pa. Nor.--If a hearing is deemed necessary, cant requests It be held atMinneapoliz, Mlnn. No-.--Common control may ba involvad the applicant requests it be held at Memphis, No. MC 96607 (Sub-No. 9), filed Octo- Tenn. If a hearing Is deomed necesary, the appli- ber 28, 1976. Applicant: RUCKER cant requea a consolidated hearing a, No. MC' 82841 (Sub-No. 200), filed No-. BROTHERS TRUCKING, INC., 1820 WaabIngton, D.C. vember 1, 1976. Applicant: HUNT Stewart, Tacoma, Wash. 98421. Appli- No. MC 106398 (Sub-No. 758), fled TRANSPORTATION, INC., 10770 IT' cant's representative: Michael D. Dup- November 8, 1976. Applicant: NA- Street, Omaha, Nebr. 68127. Applicant's penthaler, 515 Lyon Bldg., 607 Third TIONAL TRAILER, CONVOY, INC., 525 representative: Donald L. Stem, 530 Uni- Ave., Seattle, Wash. 98104. Authority South Main, P.O. Box 3329, Tulsa, O:a, vac Bldg., 7100 West Center Road, sought to operate as a common carrier, 74103. Applicant's representative: Irvin Omaha, Nebr. 68106. Authority sought by motor vehicle, over irregular routes, Tull (same address as applicant). Au- to operate as a common carrier,by mo- transporting: Prefabricatedhouses, from thority sought to operate as a common tor vehicle, over irregular routes, trans- Chehalls, Wash., to points in Montana. carrier, by motor vehicle, over irregular porting: (1) Metal roof deck and (2) NorT--If a hearing Is dcemcd necgzary, routes, transporting: Prefabricated Metal siding and accessories for (1) the applicant requests It be held at either building parts and accessories,from the above, from Norfolk, Nebr., to points in Seattle or Chehalls, Wash. plant site and storage facilities of H. H. Arizona, California, Colorado, Idaho, No. MC 99427 (Sub-No. 33), filed No- Robertson Company, located at Conners- Illinois, Indiana, Iowa, Kansas, Mich- vember 3, 1976. Applicant: ARZONA ville, Ind, to points in Arizona, Califor- nia,, Idaho, the Upper Peninsula of igan, Minnesota, Missouri, Montana, TANK LINES, INC., 3200 Ruan Center, M,ichigan, Minnesota, Nevada, New Mex- Nebraska, Nevada, New Mexico, North 666 Grand Avenue, Des Moines, Iowa ico, Oregon, Texas, Utah, Washington Dakota, Oklahoma, Oregon, South Da- 40309. Applicant's representative: E. and Wisconsin.

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY. DECEAIBE2 2, 1976 52958 NOTICES Noa.--Common control may 'be involved. Fairbury, Nebr., to points -in Arkansas. sites; and (d) the injecting or remoVzU If a hearing is deemed necessaWy. the appli- Kansas, Missouri, Oklahoma and Texas. of commodities into or from hole or cant requests it be 'held at Pinttsburgh, Pa. "NoTE.-Common control may be Itvolved. wells, between points In Connecticut, No. MC 106644 'Sub-No. 225), filed If a hearing Is deemed necessary, the z.ppll- Delaware, Florida, Georgia, Maine, October 26, 1976. Applicant: SUPERIOR cant requests it be held at either Omaha, Maryland, Massachusetts, New Hamp- TRUCKING COMPANY, INC., P.O. Box Nebr. or Kansas City, Mo. shire, New Jersey, New York, North 916, Atlanta, Ga. 30301. Applicant's rep- No. MC 107496 (Sub-No. 1056), filed Carolina, Rhode 'sland, South Carolina resentative: Hubert Johnson (same ad- November 4, 1976. Applicant: RUAN and Virginia on the one hand, and, on dress as applicant). Authority sought to TRANSPORT CORPORATION, 3200 the other lboints in the United States, In . operate as a common carrier, by motor Ruan Center, 666 Grand Avenue, Des eluding Alaska but excluding Hawaii. vehicle, over irregular routes, transport- Moines, Iowa 50309. Applicant's repre- No=.-Common control my be Involved ing: Aluminum, aluminum products, sentative: E. Check, P.O. Box 855. Des If a hearing is deemed necesary, the appli- and supplies, 'matertals and equipment, Moines, Iowa 50304. Authority sought to cant requests it be held at Hllouitn, Te:. used in the manufacture of aluminum operate as a common carrier,by motor San Francisco, Calif. and WwthIngton, ) 0 and aluminum products (except in bulk), vehicle, over irregular routes, transport- No. MC 109397 (Sub-No. 346), filed between the plantsltes of Alumax, Inc., Casa ing: (1) Soda ash, in bulk, from Law- November 1, 1976. Applicant: TRX- at Decatur, Ala., Grande, Ariz.; rence, Kans., to points in Iowa and Mis- STATE MOTOR TRANSIT CO., a Cor- Long Beach, Riverside, Visalia, Perris Valley, and Woodland, Calif.; Loveland, souri; and (2) liquid fertilizer, in bulk, poration, P.O. Box 113 (Bu. Rto I-1 Colo.; from Worthington, Minn., to points in east), Joplin, Mo. 64801, Applicant's rep- Ocala and Plant City, Fla.; Peach- Iowa, Nebraska, North Dakota and South resentative: A. N. Jacobs (same addresii tree City and Jonesboro, Ga.; Twin Falls, Dakota. - Idaho; Chicago and Morris, ILl; Leba- as applicant). Authority sought to oper- non, Bristol, and Franklin. Ind.; Mc- Nora.-Con)mon control may be involved. ate as a common carrier, by motor ve- If a hearing Is deemed necessary the appli- hicle, over irregular routes transporting: Pherson, Kans.; Frederick, Md.; Monte- cant requests it be held at 'either Omaha, Pre-cut buildings, and parts, attach- video, Minn.; St. Louis, Mo.: Hernando, Nebr. or Kansas City, Alo. ments, materials, and supplies, when Miss.; Reidsville, N.C.: Cleveland, Ohio; Tulsa and Checotah, Okla.: Stayton, No. 107515 (Sub-No. 1037), filed, No- moving with pre-cut buildings, from Mis- Oreg.; Bloomsburg, Pa.; Mansfield, Tex.; vember 3, 1976. Applicant: REFRIGER- soula, Mont., to points In the United Harrisonburg, Va.; Spokane and Fern- ATED TRANSPORT CO, INC., P.O. Box States (including Alaska, but excludin: dale, Wash.; and, Marchfleld, Wisc., on' 308, Forest Park, Ga. 30050. Applicant's Hawaii). the one hand, and, on the other, points representative: Alan E. Zerby, 3379 XoTE.-Common control may be luvol'gce in the United States (except Hawaii and Peachtree Road, N.E., Atlanta, Ga. 30326. If a hearing Is deemed necessary, applicat, requests it be held at Sat Lale City. Ut', Alaska). Authority sought to operate us a com- or Denver, Colo. Nor=. f a hearing ds deemed necessary, mon carrier, by motor vehicle, -over kr- applicant requests It be held at Washington, regular routes, transporting: ,Frozen No. MC 110166 (Sub-No. 22) (Correc- D.C., or Atlanta, Ga. meat and meat products, from the plant- tion), filed September 13, 1976, published No. MC 106674 (Sub-No. 216), filed site and facilities of iKerrylog "Ehrms, in the FzDSzRA Rcczsrsn Issue of Octo- 4, 1976. Applicant: ZC ILLI Inc., located in Nashville, Tenm., to ber 21,1976, and republished as corrected November points in Alabama, Arkansas, 'Georgia, this issue. Applicant: TENNESSEE MOTOR LINES, INC., F.O. Box 123, Remington, Ind. 47977. Applicant's rep- Maryland, Mississippi, Missouri, North CAROLINA TRANSPORTATION, INC., resentative: Jerry L. Johnson (Same Carolina, South Carolina and Virginia. 40 Nance Lane, P.O. Box 7308, Nashville, address as applicant)" Authority sought No.--If a hearing Is deemed. necessary, Tenn. 37210. Applicant's representative: to operate as a common carrier,by motor the applicant requests it be beld at Wash- J. C. Hutcheson (same address as appli- Ten. cant). Authority sought to operate as i vehicle, over Irregular routes, transport- vle, ing: common carrier,by motor vehicle, over Flexible polyether =urethane foam, No. MC 107678 (Sub-No. 61), filed No- regular routes, transporting: General from Middleton, Wis., to points in Illi- vember 8, 1976. Applicant: BILE. &BILL nois, Indiana, Iowa, Tichigan, Minne- commodities (except those of unusual TRUCK LINE, INC., P.O. Box .9698, value, Classes A and B explosives, build- sota and Missouri. Houston, Tex. 77015. Applicantis repre- ing contractors equipment, household NoTE.-If a hearing 4s deemed necessary, sentative: David A. Sutherlund, 1150 goods as defined by the Commission, the applicant requests it to be held at either Connecticut Ave., N.W., Suite 400, Wash- commodities in bulk,, and those requiring Chicago, Ill. or IndlanapolisInd. ington, D.C. 20036. Authority sought to special equipment), (1) Between Wadeo- No. MC 106674 (Sub-No. 218), filed operate as a common carrier,by motor boro, N.C. and Fayetteville, N.C, serving November 8, 1976. Applicant: SCH11LI vehicle, over irregular routes, transport- all intermediate points, and serving the MOTOR LINES, INC., P.O. Box 123, ing: (1) Machinery, equipment, mate- off-route points of Acme, Allenton, An- Remington, Ind. 47977. Applicant' Tep- rials and supplies used in, or in connec- tioch, Ashley Heights, Autryville, Ben- resentative: Jerry 1. Johnson (same ad- tion with, the discovery, -development, son, Bladenboro, Bonnie Doone, BUle, dress as applicant). Authority sought to production, refining, manufacture, proc- Bunn Level, Cameron, Camp LeJeune, operate as a common varrier,by motor essing, storage, transmission, and dis- Cedar Creek, Clinton, Coatq, Cumber-' vehicle, over irregular routes. transport- tribution of natural gas -and petroleum land, Daystrom, Duart, Dundarrach, ing: Fertilizer and fertilizer 'materials, and their products and by-product, and Dunn, East Laurinburg, East Lumberton, from Morris and Seneca, Ill., to points machinery, materials, equipment and Eastwood, Elizabethdown, Erwin, F air- In Indiana, Michigan, Minnesota, Ohio supplies used in, or in connection with mont, Falcon, Fort Bragg, Garland, Hill- the construction, operation, repair, serv- 'crest, Hope Mills, Keener, Kenansville, and Wisconsin. icing, maintenance and dismantling of NoTE.-If a hearing is d6emed necessary, Lakeview, Lemon, Springs, Lena, Lilting- pipe lines, including the stringing and ton, Linden, Lumber Bridge, Lumberton, the applicant 'requests it be held at either picking up thereof; and (2) earth drill- Chicago, Ill. or Indianapolis,Ind, Manchester, Manly, Maxton, McCain, ing machinery and equipment, and ma- Montrose, Parkersburg, Parkton, Pem- No. MC 107496 (Sub-No. 1055), filed chinery, equipment, materfals, supplies broke, Pinebluff, Pinehurst, PinevoW, November 3. 1976. Applicant: RUAN and pipe incidental to, used in, or in Pope Air-Force Base, Raeford, Red TRANSPORT CORPORATION, 3200 connection with (i.) the transportation, Springs, Remert, Rex, Roseboro, Row- Ruan Center. 666 Grand Avenue, Des installation, removal, operation, repair, land, St. Pauls, Salemburg, Sanford, Moines, Iowa 50309. Applicant's repre- servicing, maintenance, and dismantling Shannon, Southern Pines, Spout Springs, sentative: E. Check, P.O. Box 855, Des of drilling machinery and equipment, Spring Lake, Stedman, Swann Station, Moines, Iowa 50304. Authority sought to (b) the completion of holes or well 'Teachey, Timberland, Tobemory, Tokay, operate as a common carrier,by motor drilled; (c) the production, storage, and Turkey, Vander, Wade, Wakulla, War- vehicle, over Irregular routes, ,transwort- transmission of commodities resulting saw, and White Oak (Bladen County), Ing: Animal fats and o1s, 4n bulk, from from drilling operations at well or hole N.C.: From Wadesboro over U.S. High-

FEDERAL REGISTER, VOL. 41, NO. 231-THURSDAY, DECEMSER 2, 1976 NOTICES 52959

way 74 to Laurinburg, N.C., thence over No. MC 111011 (Sub-No. 32), filed No- First Federal Building, Detroit, Mich. U.S. Highway 401 to Fayetteville. vember 1, 1976. Applicant: NOERR 48226. Authority sought to operate as a (2) Between Raleigh, N.C. and Wilson, MOTOR FREIGHT, INC., 205 Washing- common carrier, by motor vehicle, over N.C., serving all Intermediate points, and toh Avenue, Lewistown, Pa. 17044. AppHl- irregular routes, transporting: Frozen serving the off-route points of Ayden, cants representative: William D. Taylor, foods, from the plant sites and warehouse Battleboro, Bethel, Chocowinity, Cone- 100 Pine St., Suite 2550, San Francisco, facilities of Chef-Pierre, Inc. located in toe, Dudley, Elm City, Everetts, Falkland, Calif. 94111. Authority sought to operate Grand Traverse County, Mich., to points Farmville, Fremont, Goldsboro, Grain- as a common carrier, by motor vehicle, In New Jersey and New York. gers, Greenville, Grifton, Grover, Hook- over Irregular routes, transporting: (1) Norn-If a hearing isdeemed necez-zry, erton, Jamesville, Kinstn, Lagrange, Brass rods or brass unfinlshed shapes, In the applicant requests it be held at eith-r Maclesfield, Maury, Mt. Olive, Nashville, straight or mixed loads, from Belle- Clicago, nL, ..r ing. Mich. or Washington Pactolus, Pine Tops, Plymouth, Rober- fonte, Pa., to Chickasha, Ola.; and (2) D.C. sonville, Rocky Mount, Saratoga, Sey- brass, scrap, from Chickasha, Okla., to nour-Johnson AFB, Sharpsburg, Snow Bellefonte, Pa. No. MC 113828 (Sub-No. 242), filed Hill, Tarboro, Walstonburg, Washington, November 4, 1976. Applicant: O'BO2L. Xorr,-If a hearing Is deemed nccc=rsy, TANK LINES, INC, P.O. Box 30006, Whitakers, Williamston, and Winters- the applicant requests It be hold at either Washington, D.C. 20014. Applicant's ville, N.C.: From Raleigh over U.S. High- Harrsburg Pa. or Chicago, Ill. way 64 to its junction with U.S. High- repreentative: William P. Sullivan, Fed- way 264, thence over U.S. Highway 264 No. MC 111812 (Sub-No. 525), flled eral Bar Building West, Suite 1030, 1819 to Wilson, N.C., and return over the same November 1, 1976. Applicant: IDWEST H Streek N.W., Washington, D.C. 20006. route; and (3) Between Asheville, N.C. COAST TRANSPORT, INC., 900 West Authority sought to operate as a com- and Florence, S.C., serving all intermedi- Delaware, Sioux Falls, S. flak. 57104. Ap- moa carrier,by motor vehicle, over Ir- ate points between Columbia and plicanVs representative: Ralph H. Jinks regular routes, transporting: Chemicals, Florence, including Columbia, and serv- (same address as applicant). Authority in bulk, from Gordon, Ga., to points in ing the off-route points of Auburn, Ben- sought to operate as a common carrier, Alabama, Florida, North Carolina, South nettsville, Bingham, Bishopville, Blen- by motor vehicle, over irresular routes, Carolina and Tennessee. heim, Brownsville, Cartersvllle, Cayce, transporting: Such commodities as are r4ao-If a hearing Is deemed ncecs.sy Centenary, Cheraw, Claussen, Clio, dealt in by retail and wholesale depar- the applicant requests it be held at Wash- Coward, Darlington, Dillon, Dovesville, ment and hardware stores (except coming-ton, D.C. modities In bulk), (1) from Los Angeles, Dunbar, EMngham, Elliott, Evergreen, Calif., Denver, Colo., and points In Con- No. MC 113855 (Sub-No. 363), filed Floyd, Floydale, Hartsville, Hyman, October 28, 1976. Applicant: INTERNA- Kingsburg, Kingstree, Lake City, Lake- necticut, Delaware, Illinois, Indiana, Kentucky, Maine, Maryland, Masachu- TIONAL TRANSPORT, INC., 2450 Mar- view. Lamar, Latta, Little Rock, Lydia. Ion Road SE, Rochester, Minn 55901. McBee, Marlon, Mars Bluff, Mullins, setts, Michigan, Missouri, New Hamp- shire, New Jersey, New York, Ohio, Penn- Applicant's representative: Alan Foss, Oak Grove, Oats, Olaxita, Pamplico, Pee 502 First National Bank Bldg, Fargo, Dee, Quincy, Rains, Remert, St. Charles, sylvania. Rhode Island, Vermont, Vir- ginia, West Virginia, Wisconsin, and the N. Dak. 58102. Authority sought to op- Sardis, Scranton, Sellers, Shiloh, Smith- erate as a common carrier, by motor boro, Society Hill, Springdale, Sumter, District of Columbia, to points In Brook- ings, S. Dak.; and (2) from points in vehicle, over irregular routes, transport- Timmonsville, Una, Wallace, Wsasky, ing: Self-propelled utility graders and and Zion, S.C.: From Asheville, N.C., over Connecticut, Delaware, Indiana, Ken- tucky, Maine, Maryland, Ma-sachusetts, self-propelled paving machines, trailers, U.S. Highway 25 -to Greenville, S.C., and partsfor the foregoing commodities, thence over t.S. Highway 276 to Michigan, New Hampshire, New Jersey, Junction New York, Ohio, Pennsylvania, Rhode from Gwinnett County, Ga., to points in Interstate Highway 26, thence over Inter- Island, Vermont, Virginia, West Virginia, the United States including Alasa, but state Highway 26 to Columbia, S.C., excluding Hawaii, and ports of entry on thence over Interstate Highway 20 to and the District of Columbia, to Kansas City, Mo., restricted in (1) and (2) above the International Boundary line between Florence, S.C. to the transportation of traffic destiried the United States and Canada to service NoTE.-The purpose of this republication to the facilities of Coast to Coast Stores points in Canada. is to clarify applicant's request for authority. Applicant states it has irregular route au- Central Organization, Inc., located at or Na.--Common control may be involved. thority to serve near Brookings, S. Dak., and Kansas City, If a hearin- is deemed neessary, the ap- all the points that will be Mo. plicant requests it be held at either Wash- served if this application is approved. This Ington, D.C. or application is in the nature of a conversion Nozm--Common control may be Involved. Atlanta, Ga. from irregular to regular route authority. Ap- If a hearing Is deemed necezzary, the ap- No. TAC 114457 (Sub-No. 273), bled plicant agrees to cancellation of that part of plicant requests it be held at St. PFaul, Mlinn. its irregular route authority necessary to October 28, 1976. Applicant: DART prevent duplication of authority. If a hearing No. MC 111940 (Sub-No. 66), filed No- TRANSIT COMPANY, a Corporation, Is deemed necessary, the applicant requests vember 8, 1976. Applicant: SMI 'S 2102 University Avenue, St. Paul, Mlnn. it be held at either Charlotte, Raleigh or TRUCK LINES, a Corporation, P.O. Box 55114. Applicant's representative: James Asheville, N.C. 88, R.D. No. 2, Muncy, Pa. 17756. Ap- H. Wills (same address as applicant). plIcant's representative: John M. Mussel- Authority sought to -operate as a com- No. MC 110878 (Sub-No. 37), filed No- ir- vember 8, 1976. Applicant: ARGO man, P.O. Box 1146, 410 North Third mon carrier, by motor vhicle, over TRUCKING COMPANY, INC., Lower Street, Harrisburg, Pa. 17108. Authority regular routes, transporting: Metal con- Heard Street, Elberton, Ga. 30635. Ap- sought to operate as a common earner, tainers and container ends, from Maes- plicant's representative: Frank D. Hal, by motor vehicles, over Irregular routes, sillon, Ohio to points in Colorado, Il- 3384 Peachtree Rd., transporting: Tires and tubes, materials, linoLs, Indiana, Iowa, Kanas, Kentucky. NE., Suite 713, Louisiana, Minnesota, Missouri, Ne- Atlanta, Ga. 30326. Authority supplies and equipment, for tire mount- sought to Ing and retreading, and relatedadvertis- brRxn, North Dakota, South Dakota, operate as a common carrier, by motor ing materials, from Findiay, Ohio, to Texas, West Virginia, and Wisconsin. vehicle, over irregular routes, transport- points in Pennsylvania (except Willisms- Ilorr-If a hearIng iLadeemed nec'"ary, ing: Ceramic tile,between Coleman, Te., port Pa.). the applicant reque ts it be held at elther on the one hand, and, on the other, points Nom-f a hearing Is demed ncec ary, St. Paul, Mlnn. or Cleveland, Ohio. in Alabama, Arkansas, Arizona, Cali- applicant requests it be held at Harr.burg. No. MC 114890 (Sub-No. 73), filed No- fornia, Florida, Georgia, Louisiana, Pa. or Washington, D.C. vember 2, 1976. Applicant: C. E. REY- Mississippi, Nevada, North Carolina, No. MC 113434 (Sub-No. 71), filed No- NOLDS TRANSPORT, INC, P.O. Box A, South Carolina, Tennessee, and Utah. * vember 5,. 1976. Applicant: GRA-BELL Joplin, Mo. 64801. Applicant's repre- TRUCK LINE, INC., 679 Lincoln Norx-If a hearing is deemed necessary, Avenue, sentative T. MS.Brown, 223 Ciudad Build- the applicant.Xequests it be held at Atlanta, Holland, Mich. 49423. Applicant's repre- ing, Oklahoma City, Okla. 73112. Au- Ga. sentative: Wllhelmina Boersna, 1600 thority sought to operate as a commrsn

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52960 NOTICES carrier, by motor .vehicle,over irregular International Corporation, locatea- at or Arizona. California, Colorado, Idaho, Ne- routes, transporting: finmas, mineral near Catawba, S.C. to points in Georgia. vada, Oregon, Utah and Washington, mixtures, feed, and jetfter materials restricted against the transportation of No.--Common control may be involved and compounds ud.ingretients thereof, 'commodities in bulk and further re- If a hearing Is deemed necezaary, the applt- from Galena, Kans., to points -n Arkan- stricted to traffic originating at the cant requests it be held at either Wki-.hint- sas, Colorado, I1linols, Indiana, Iowa, plant~ites of Champion International ton, D.C. or Philadelphia, Pa. Min- Kentucky, LouisIana, Michigan, Corporation. No. MC 117119 (Sub-No. 601), filed nesota, Mississippi, Missouri, Nebraska, o---If a hearing is deemed necessary, November 1, 1976. Applicant: WILLIS New Mexico, North Dakota, Ohio, Okla- the applicant requests it be held at Atlanta, SHAW FROZEN EXPRESS, INC., P.O. homa, South Dakota, 'Tennessee, Texas Ga. Box 188, Elm Springs, Ark. 72728. Ap- and Wisconsin. No. MC 115730 (Sub-No. 20), filed No- plicant's representative: L. M. McLean NoTr.-If a hearing is deemed necessary, vember 1, 1976. Applicant: THE MIC- (same address as applicant). Authority the applicant requests It be held at either KOW CORP., 531 S.W. 6th, Des Moines, sought to operate as a common carrier, Kansas City or St. Louis.Ido. - Iowa 50309. Applicant's representative: by motor vehicle, over Irregular routes, No. MC 115092 (Sub-No. 49), filed No- Cecil L. Goettsch, 1100 Des Moines Bldg., transporting: Ammoniacal liquor or aqua vember 2, 1976. Applicant: TOMA- Des Moines, Iowa 50309. Authority ammonia; ammonium, persul!ate;choem- HAWK TRUCKING. INC,, P.O. Box 0, sought to operate as a common carrier, icals, NOI; chrome sulphate solution; Vernal, Utah 84078. Applica-ni's repre-- -by motor vehicle, over irregular routes, copper sulfate (blue vitroil); nickel plat- sentative: Walter Kobos," 1016 Kehoe transporting: Plastic pipe, plastic con- ing solution, (2) (a) cleaning, scouring or Drive, St. Charles, I. 60174. Authority duit, plastic and iron fttings and con- washing compounds, or soap, liquid; and sought to operate us a common carrier, nections, valves, hydrants, and gaskets (b) cleaning, scouring or washing com- by motor vehicle, over Irregular routes, and related commodities used in the in- pounds, or soap, other than liquid or soap transporting: Cedar shales und shingles, stallation of plastic pipe and plastic con- powder, (3) compounds, paint, lacquer, from points in Washington. to points in duit (except commodities as described in varnish, gum, resin, plastic or adhesive Colorado, Oklahoma adTexas. Mercer Extension Otfield Commodities, increasing,reducing, removing, thickcn- Noxr.-If a bearing Is deemed necessary, 74 M.C.C. 459), from the pliantsite and ing or thinning; and (4) pumice stone., the applicant requests it -be held at either storage facilities of The Clow Corpora- from Newton, Salem and Westwood. Seattle, Wash.; Dallas, Tex.; or Los Angeles, tion located at or near Columbia, Mo., to Mass., to points in California anld Texas, Calif. points in Colorado, Iowa, Kansas, Min- restricted in (1), (2), (3), and (4) above nesota, Nebraska, New Mexico, North against the transportation of commodi- No. MC 115452 (Sub-No. 4), filed Oc- Dakota, Oklahoma, South Dakota, Tex- ties in bulk, and further restricted to the tober 28, 1976. Applicant: HUSBAND as, Wisconsin and Wyoming. transportation of commodities In vehi- TRANSPORT LIMITED, a Corporation, cles equipped with mechanical refrigera- 10 Centre Street, London,!Ontario, Can- No'r.--f a bearing Is deemed necessary, the applicant requests It be held at either tion. ada. Applicant's representative: Edward D.C. G. Villalon, 1032 'Pennsylvania Bldg., Chicago, Ill. or Washington, Norr.-Common control may be Involved No.MC 116063 (Sub-No. 148),fLiedNo- If a hearing Is deemed necessary, the appli- Pennsylvania Avenue & 13th St., N.W., cant requests It be hold at either Washing- Washington, D.C. 20004. Authority vember 3, 1976. Applicant: WESTERN- ton, D.C. or Boston, Mass. sought to operate as a common carrier, COMMERCIAL TRANSPORT, INC., 2929 by motor vehicle, over Irregular routes, West Fifth St, P.O. Box 270, Fort No. MC 117765 (Sub-No. 216), filed transporting: General commodities (ex- Worth, Tex. 76101. Applicant's represent- November 3, 1976. Applicant: HAHN cept those of unusual value, Classes A ative: W. H. Cole (Same address as ap- TRUCK LINE, INC., 5315 NV. 5th Street, and B explosives, household goods as-de- plicant). Authority sought to operate as P.O. Box 75218, Oklahoma City, Oklp. fined by the Commission, commodities in a common carrier,by motor vehicle, over 73112. Applicant's representative: n. E. bulk, and those requiring special equip- irregular, routes, transporting: Animal Hagan (same address as applicant). Alt- ment), between ports or entry on the fats and vegetable oils, in bulk, In tank thority sought to operate as a common International Boundaryline between the vehicles, from Jacksonville, Ill., to Rich- carrier, by motor vehicle, over irregular United States and Canada, located at mond, Utah. routes, transporting: Perlite, in bags Buffalo, Niagara Falls and 'Lewlston, Nor.-If a bearing Is deemed necessary, from the plant site of Persolito Producta N.Y., on the one hand, and, on the other, the applicant requests It be held at either located at or near Florence, Colo, to Buffalo and Niagara 'als, N.Y. restrict- Fort Worth or Dallas, Tex. points in Arkansas, Kansas, Oklahoma ed to foreign commerce only. and Texas. No. 14C 116077 (Sub-No. 374), filed NoTn.--Common control may be involved. November 8, 1976. Applicant: ROBERT- NoT.--If a hearing Is deemed necesiry, If a hearing Is deemed neoeary, the appli- the applicant requests it be hold at Oklahoma SON TANK LINES, INC., 2000 West Loop City, Oklahoma. cant requests It be held at Buffalo, N.Y. South, Suite 1800, Houston, Tex. 77027. No. MC 115496 (Sub-No. 45), filed No- Applicant's representative: Pat H. Rob- No. MC 117815 (Sub-No. 258). filed vember 1, 1976. Applicant: LUMBER ertson, P.O. Box 1945,500 West Sixteenth October 26, 1976. Applicant: PULLEY TRANSPORT, INC., P.O. Box 111, Coch- Street, Austin, Tex. 78767. Authority FREIGHT LINES, INC., 405 SE. 2Oth ran, Ga. 31014. Applicant's representa- sought to operate as a common carrier, Street, Des Moines, Iowa 50317. Appli- tive: Virgil H. Smith, 1587 Phoenix by motor vehicle, over irregular toutes, cants representative: Larry D. Knox. Blvd., Suite 12, Atlanta, Ga. 30349. Au- transporting: Black liquor, in bulk, in 900 Hubbell Building, Des Moines, Iowa thority sought to operate us a common tank vehicles, from Orange County, Tex., 50309. Authority sought to operate as a carrier,by motor vehicle, over irregular to points in Louisiana. common carrier, by motor vehicle, over irregular routes, transporting: Foodstuffs routes, transporting: (1) Ptwooa, from NOeT,-If a bearing Is deemed necessary, the plantsites of Champion Internation- the applicant requests it be held at either (except in bulk), from Carthage, Mo., al Corporation, located at or near Way- New Orleans, La. or Dallas, Tex. to points in Illinois, Iowa, Kansas, Min- cross, Ga., to points in South Carolina; nesota, Nebraska, North Dakota, South (2) piywood, paneling, .and composition No. MC 117119 (Sub-No. 603), filed Dakota and Wisconsin. board, from the plantsites of Champion November 1, 1976. .Applicant: WILLIS No..-If a bearing is deemed neec-=ry, International Corporation, located at or SHAW FROZEN EXPRESS, INC., P.O. the applicant requests It bo held at either near Orangeburg, S.C., to points in Box 188, Elm Springs, Ark. 72728. Appli- Chicago, Ill. or St. Louis, tfo. Georgia; (3) plywood, paneling, and cant's representative: L. M. McLean (Same address as applicant). Authority No. MC 117940 (Sub-No. 194) filed composition board, from the plantsltes October 28, 1976. Applicant: NATION- of Champion International Corporation, sought to operate as a comm~n carrter, WIDE CARRIERS, INC., P.O. Box 104, located at Charleston, S.CO, to points in by motor vehicle, over Irregular routes, Maple Plain, Minn. 55359, Applicant's Georgia; and <4) ompositfon hard- transporting: Chemicals (except in representative: Allan L. Tinmernln board, from the plantsites of Champion bulk), from Boonton, N.J., to points in (same address as applicant). Authority

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMSR 2, 1976 NOTICES 52961 "

sought to operate as a common. carrier, Wisconsin, to Phoenx. Ariz.. and points phernalia, from Camden, N.J.. to points by motor vehicle, over Irregular routes, in Oklahoma and Texas, restricted to the in the United States (except Alaska and transporting: (1) FLoor coverings, stair transportation of shipment- originating Hawaii I. t.eads, wall -tile, counter top coverings, at the facilities and plants4te3 of and Nor-Applicant holda contra-at carr mouldings, plumbers goods, citchen fix- utilized by Mlillbhouse Cheeze Corpora- authority In io. MO 126970 and vabs there- tures and accessories,batsroom and Zav- tion, and Associated Milk Producers, under, therefore dual operations may be in- atory fixtures and accessories, litchen Inc., at named origin; and destined to volved. Common control may al-o ba in- and bathroom cabinets and cabinet tops; named destinations. volved. If a hezring i- deemed necez-ary, th:e applicant rcquczto It be held at San Fraa- and (2) materials and supplies used in Non.-Applcant holds contract carrier class. Calif. the installation, maintenance, and repair authority in M.C 114769 and rub3 thereunder. of the commodities described in (1) therefore dual operations may ba Involved- No. MC 119789 (Sub-No. 3120, filed No- above, from points in Connecticut, Illi- Common control may alfo to involved. It a vember 1, 1976. Applicant: CARAVAN nois, Maine, Maryland, Massachusetts, hearing is deemed necez,ary, applicant requests It be held nt Houston. Ten. REFRIGERATED CARGO, INC, P.O. New Jersey, New York, North Carolina. Box 6188, Dfalls, Tex. 75222. Applicant's Ohio, Pennsylvania and Vermont, to No. 6C 118776 (Sub-No. 17 filed No- representative: James K. Newbold, Jr. points in Iowa, Minnesot.., North Dakota. vember 1, 1976. Applicant: C. L. CON- tsame addres as applicant). Authority South Dakota, and Wisconsin, restricted NORS, INC., 2700 Gardner Expresway, sou2ht to operate as a common carrier. to trami originating at named origins Quincy, I1. 62301. Applicant's reprezen- by motor vehicle, over irregular routes. and destined to facilities of or utilized tative Frank W. Taylor. Jr., Suite 600, transporting: Canned or preserved food- by Minnesota Tile Supply at named 1221 Baltimore Avenue, Kanas City, Mo. stuffs, from Aspers, Pa., to points in Ar- destinations. 64105. Authority sought to operate as a hanzas, Kansas. Louisiana, Mis-ouri, or.--Applicant holds contract carrier common carrier,by motor vehicle, over Olahoma and Texas. authority in MC 114789 and subs thereunder, irregular routes, transporting: (1) Beer 1or.-If a hearing is deemed necszarT. therefore dual operations may be involved. and advertising materials,from Detroit the applicant requet It be held at elth r ,Common control may :lso be Involved. If a Mich., to Hannibal, Mo. and Quincy, IIl.: 11Ow Yor. N .Y, or Waslington. D.C. hearing is deemed ;eeeaey. the applicant and (2) empty bottles, from Quincy, l. requests it be held at Minneapolis or St. and Hannibal, Mo., to Detroit, Mich. No. MC 121060 (Sub-No. 42) filed No- Paul, Minn. vember 5, 1976. Applicant: ARROW Nor=.-If a hearing Is deemed rx-ac=ary. TRUCK LINES, INC., P.O. Box 1416, Bir- No. MC 117940 (Sub-No. 195) filed the .applicant requests It be held at St Louis, November 1, 1976. Applicant: NATION- aIo. mingham, Ala. 35201. Applicant's repre- WIDE CARRIERS, INC., P.O. Box 104, sentative: William P. Jackson, Jr., 3425 Maple Plain, Mlnn. 55359. Applicant's No. MC 119632 (Sub-No. 71 filed No- North Washington Boulevard, P.O. Box representative: Allan L. TimmErman vember 5, 1976. Applicant: REED LINES. 1267, Arlington, Va. 22210. Authority INC., 634 Ralston Avenue, Defiance, Ohio sought to operate as a common carrimr (same address as applicant). Authority John sought to operate as a common carrier, 43512. Applicant's representative: by motor vehicle, over irregular routes. by motor vehicle, over irregular routes, P. McMahon, 100 East Broad Street, transporting: Building materials, con- transporting: Such merchandise as is Columbus, Ohio 43215. Authority sought ctruction materials and wallboard, ard dealt in by retail and wholesale depart- to operate as a common carrier,by motor materials and supplies used in the manu- ment and hardware stores (except com- vehicle, over irregular routes, transport- facture and distribution of building ma- modities in bulk and foodstuffs), (1) ing: (1) Such merchandfse as Is dealt in terials, construction materials, and wall- * from points in Connecticut, Delaware, or used by retail, wholesale, grocery, drug board. between the facilities of the '_Maine, Maryland, Massachusetts, New and food business houses (except frozen Celotex Corporation located at or near Hampshire, New Jersey, NewYbork, Ohio, commodities and commodities in bulk), Jacksonville, Fla., on the one hand, and Pennsylvania, Rhode Island, Vermont, from the plant sites or facilitle of A. E. on the other, points in Alabama, Florida, and the District of Columbia, to the fa- Staley Manufacturing Co., located at or Georgia, Kentucky, Louisana, Missis- ccilities of or utilized by Coast to Coast near Broadview, Ill., to point- in Con- sippl, North Carolina, South Carolina. Tennessee. Virginia and West Virginia. Stores Central Organization, Inc. located necticut, Delaware, Indiana, Kentucky at or near Crawfordsville, Ind.; and (2) Maryland, Massachusetts IfIchigan, Mis- Niom-If n. hcaring is deemed neceszry. from points in Connecticut, Delaware, souri, New Jersey, New York, Ohio, the applicant requesto it be held at Vah- Indiana, Maine, axyland, Massachu- Pennsylvania, Virginia, West Virginki lvgton, D.C. of setts, New Hampshire, New Jersey, New and the District Columbia; and (2) No. MC 123294 (Sub-No. 401 fld York, Ohio, Pennsylvania, Rhode Island, materialssupplies and equipment used or October 26, 1976. Applicant: WARSAW Vermont, and the District of Columbia, useful in the production, manufacturing, TRUCKING CO., INC., 1102 West to the facilities of or utilized by Coast packaging and distribution of the com- Winona, P.O. Box 784, Warsaw. Ind- to Coast Stores Central Organization modities in (1) above (except commod- 46580. Applicant's representative: Mar- Inc. located at points in Iowa, Minnesota, ities in bulk), frompoints in Connecticut, tin J. Leavitt, P.O. Box 400, Northville. Montana, Nebraska, North Dakota, Delaware, Indiana, Kentucky, Maryland, Mich. 48167. Authority sought to operate South Dakota, Wisconsin, and Wyoming Massachusetts, Michigan, Missouri New as a common carrier,by motor vehicle. and Kansas City, Mo., restricted to traffic Jersey, New York, Ohio, Pennsylvania. over h-re-"uar routes, transporting: (1 originating at named origins and' des- Virginia, Wes4 Virginia, and the District Foodstuffs, from the facilities of Little tined to named destinations. of Columbia, to the plant sites and stor- Crowe Foods, located at Warsaw, Ind._ E. on.- Applicant holds contract carrier age facilities of A. Staley Manufac- to points in Arkansas, Illinois, Iowa, authority in MG 114789 and subs thereunder, turing Co., located at or near Broad,lew, Kansas, Kentucky, Maryland, Michigan. therefore dual operations may be involved. Ill. Minnesota, Missouri, Nebrmzka, North Common control may also be nvolved. If a Norm.-If a hearing is deemed necza_-y, Dakota, Ohio, Pennsylvania, Tennezes. hearing is deemed necezsary, the applicant the applicant request3 It bo held at either Virginia, West Virginia and Wisconsin: requests it be held at Minneapolis, Minn. Columbus, Ohio or Chlca-o. MI. 42) coco powder, from Chicago, Ill., to No. MC 117940 (Sub-No. 196) filed No. MIC 119777 (Sub-No. 333) filed No- the facilities of Little Crowe Foods, Io- November 8, 1976. Applicant: NATION- vember 1, 1976. Applicant: LIGON cated at Warsaw, Ind.; (3) popcorn o!. WIDE CARRIERS, INC., P.O. Box 104, SPECIALIZED HAULER, INC., Hizhvay from Barrington, I., to the facilitie3 of MMaple Plain, Minn. 55359. Applicant's 85 East, Madisonville, Ky. 42431. Appli- Little Crowe Foods, located at Warsaw, representative: Allan L. Timmerman cant's representative: Carl U. Hurst, P.O. Ind.; (4) s y flour, from Gibson City, IlL, (same address as applicant). Authority Drawer "," Madisonville, Ky. 42431. to the facilities of Little Cro7w Foods. sought to operate as a common carrier, Authority sought to operate as a common locatd at Warmaw, Ind.; and (5) c2r- by motor vehicle, over irregular routes, carrier,by motor vehicle, over irregular tons, from St. Louis, Mo., to the facfif as transporting: Dair products (except routes, transporting: Lumber, lumber of Little Crowe Foods, lcanted at War- commodities in bulk), from points in products,plywood, and incidev.tal pare- aw, Ind.

FEDERAL REGISTER, VOL 41, NO. 233-THU3SDAY, OECEUSER 2, 1976 52962 NOTICES

Nom.-If a hearing Is deemed necessary, ter Bldg., 1660 Lincoln Street, Denver, anon, Bristol and Franklin, Ind.; Mc- applicant requests it be held at Chicago, Ill, Colo. 80203. Authority sought to operate Pherson, Kans.; Frederick, Md.; Mon- or Detroit, Mich. as a common carrier, by motor vehicle, tevideo, Minn.; St. Louis, Mo.; Hernando, No. MC 123407 (Sub-No. 335) filed over irregular routes, transporting: Steel Miss.; Reidsville, N.C.; Cleveland, Ohio; November 1, 1976. Applicant: SAWYER grinding balls, from the plantsites and Tulsa and Checotah, Okla.; Stayton, TRANSPORT, INC., South Haven- storage facilities of Capital Castings DI- Oreg.; Bloomsburg, Pa.; Mansfield, Tox.; Square, U.S. Highway 6, Valparaiso, Ind. vision, Midland-Ross Corporation, Harrisonburg, Va.; Spokane and Forn- 46383. Applicant's representative: located in Maricopa County, Ariz. to dale, Wash.; and Marshfield, Wis.: on Stephen H. Loeb (same address as appli- Mine and mill sites located In Lake, the one hand, and, on the other, pointo cant). Authority sought to operate as a Grand and Mineral Counties, Colo. in the United States (except Alaska and common carrier, by motor vehicle, over Nom.-If a. hearing is deemed necessary, Hawaii). irregular routes, transporting: (1) the applicant requests it bb held at Denver, No=.--Comnon control may be Involved. Paneling, vinyl-covered panels, hard- Colo. Hearing: On December 13, 1970, at 0:30 am board, composition board, gypsum board, Local Time, in the offices of the I.C.C., 12th plywood particle board, and materials, No. MC 124813 (Sub-No. 160) filed and Constitution Ave., WazhinGton, D.O. supplies and accessories used in the sale October 26, 1976. Applicant: UMTHUN and Installation thereof (except com- TRUCKING CO., a Corporation, 910 No. MC 125466 (Sub-No. 5) filed No- modities in bulk), from Hanahan, S.C., South Jackson Street, P.O. Box 166, vember 1, 1976. Applicant: V & P CAR- to points in and east of Colorado, Ne- Eagle Grove, Iowa 50533. Applicant's RIERS, INC., 665 Berrhman Street, braska, North Dakota, Oklahoma, South representative: James M. Hodge, 1980 Brooklyn, N.Y. 11208. Applicant's repro- Dakota and Texas; and (2) materials, Financial Center, Des Moines, Iowa sentative: Edward M. Alfano, 550 supplies and accessoriesused in the man- 50309. Authority sought to operate as a Mamaroneck Avenue, Harrison, N.Y. ufacture and installation of paneling, common carrier', by motor vehicle, over 10528. Authority sought to operate as a vinyl-covered panels, hardboard, com- irregular routes, transporting: Agricul- contract carrier,by motor vehicle, over position board, gypsum board, and ply- tural chemicals (except liquids in bulk), irregular routes, transporting: Materials, wood particle board (except commodi- from points in Iowa to points in Minne- supplies and equipment used In the man- ties In bulk), from points in and east sota, Nebraska, North Dakota, South ufacture of bicycles and children's veloci- of Colorado, Nebraska, North Dakota, Dakota and Wisconsin. pedes, from points in New Jersey, located Oklahoma, South Dakota and Texas, to Xo-r.--Appllcant holds contract carrier au- in the New York, N.Y. Harbor limits as Hanahan, S.C. -thority in MO 118468 and subs thereunder, defined in 49 CFR 1070.1, to North Bell- therefore dual operations may be involved. port, N.Y., under a continuing contract No=.--Common control may be involved. or contracts withIverson Cycle Corpora- If a hearing Is deemed necessary, the appli- If a hearing is deemed necessary, the applicant requests it be held at Washington, D.C. cant requests it be held at Minneapolis, tion, a wholly-owned subsidiary of Stel- Minn. ber Industries, Inc. No. MC 123407 (Sub-No. 336) filed Nam.-If a hearing is deemed nedessary, November 1, 1976. Applicant: SAWYER No. MC 124887 (Sub-No. 27) filed No- vember 3, 1976. Applicant: SHELTON the applicant requests it be held at Now TRANSPORT, INC., South Haven York, N.Y. Square, U.S. Highway 6, Valparaiso, Ind. TRUCKING SERVICE, INC., Route 1, 46383. Applicant's representative: Robert Box 230: AItha, Fla. 32421. Applicant's No. MC 126118 (Sub-No. 25) filed No- W. Sawyer (same address as applicant). representative: Sol H. Proctor, 1101 vember 5, 1976. Applicant: CRE TE CAR- Authority sought to operate as a common Blackstone Bldg., Jacksonville, Fa. RIER CORPORATION, P.O. Box 81228, carrier, by motor vehicle, over irregular 32202. Authority sought to operate as a Lincoln, Nebr. 68501. Applicant's repre- routes, transporting: Bentonite and common carrier,by motor vehicle, over sentative: Duanne W. Acklie (same ad- bentonite products (except commodities Irregular routes, transporting: Materials dress as applicant). Authority sought to in bulk), from points in Wyoming, to and supplies used in the manufacture operate as a common carrier,by motor Points in the United States (except and Installation of mobile and modular vehicle, over Irregular routes, transport- Alaska and Hawaii). homes, between the plantsite and facili- ing: Malt beverages, from Columbus" ties of Champion Home Builders -Co. Ohio and Williamsburg, Va., to Johnson No=-.-Common control may be involved. located at Cullman, Ala., and Plains and If a hearing s deemed necessary, the appli- City, Tenn. cant requests it be held at Denver, Colo. Thomasville, Ga., on the one hand, and, No=. -Appllcant holds contract carrlor on the other, points in Alabama, Ar- authority ift MC 128375 and subs thereunder, No. MC 123872 (Sub-No. 59) filed No- kansas, Florida, Georgia, Kentucky, therefore dual operations may be involved. vember 4, 1976. Applicant: W & L Louisiana, Mississippi, North Carolina, Common control may be involved. If a hear- MOTOR LINES; INC., P.O. Box 2607, South Carolina, Tennessee, Texas and ing is deemed necez3ary, the applicant roe- Hickory, N. Dak. 28601. Applicant's Virginia. quests it be hold t either Knoxville, Tenn. representative: or Lincoln, Nebr. Theodore Polydoroff, No.--f a hearing is deemed necessary, 1250 Connecticut Avenue, Suite 600, the applicant requests it be held at Atlanta, No. MC 126899 (Sub-No. 112) filed No- Washington, D.C. 20036. Authority Ga. vember 3, 1976. Applicant: USHER sought, to operate-as a common carrier, TRANSPORT, INC., 3925 Old Benton by motor vehicle, over irregular routes, No. MC 125433 (Sub-No. 89) filed No- vember 19, 1976. Applicant: F-B TRUCK Rd., P.O. Box 3156, Paducah, Ky. 42001. transporting: Cleaning, buffing and Applicant's representative: George M. polishing compounds, textile softeners, LINE COMPANY, a Corporation, 1945 South Redwood Road, Salt Lake City, Catlett, 703-706 McClure Bldg., Frank- lubricants,deodorants, dislnlec'ants, and fort, Ky. 40601. Authority sought to op- paints and stains (except in bulk, from Utah 84104. Applicant's representative: David J. Lister (same address as ap- erate as a common carrier, by motor the plantstte and shipping facilities of vehicle, over Irregular routes, trans- Economics Laboratory, Inc., located at plicant). Authority sought to operate as a common carrier, by motor vehicle, over porting: Tale, in bags, from Gouverneur, Joliet, Ill.,to points in Georgia, North N.Y., to Evansville, Ind. Carolina, South Carolina and points in irregular routes, transporting: Alumin- ium, aluminium products, and supplies, NX.-If a hearing is deemed nocck Zry, that part of Tennessee on and east of the applicant requests it be hold at either U.S. Highway 41. materials, and equipment used In the manufacture of aluminum and aluminum Evansville, Ind. or Louisville, Ky. NoTr.-If a hearing is deemed necessary, products (except in bulk), between the No. MC 127042 (Sub-No. 178) (Cor- the applicant requests It be held at Minne- plantsites of Alumax, apolis, Minn. Inc., located at rection) filed October 4, 1976, published Decatur, Ala.; Casa Grande, Ariz.; Long In the FEDERAL REGxsTER Issue of October No. MC 124230 (Sub-No. 28) filed Octo- Beach, Riverside, Visalia, Perris Valley 29, 1976, and republished, in part, a ber 28, 1976. Applicant: C. B. JOHNSON, and Woodland, Calif.; Loveland, Colo.; corrected this issue. Applicant: HAGEN, INC., P.O. Drawer "S", Cortez, Colo. Ocala and Plant City, Fla.; Peachtree INC., 3232 Highway 75 North, P.O. Box 81321. Applicant's representative: Ed- City and, Jonesboro, Ga.; Twin Falls, 98, Leeds Station ,Sioux City, Iowa 51108. ward T. Lyons, Jr., 1600 Lincoln Cen- Idaho; Chicago and Morris, Ill.; LEb- Applicant's representative: Robert o.

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52M

Tessar (same address as applicant). The Nor_.-If a hearing iS dCe Zad LWCC-ary. points in Loulzian, to points in the purpose of this partial republication is the applicant requeats It be held at either United States (except Alaska and ra- Chicago. Ill. or Dallas, Tmn to .correct applicant's name, which wa wail). incorrectly published as AGEN, INC. In No. MC 128639 (Sub-ITo. 11). filed No- Not.-I a hcarln3 Is deemed neceesery. lieu ofHAGEN, INC. The rest-of the pub- vember 8, 1976. Applicant: CURRIER tho applicant request- it be held at either lication remains the same. TRUCKING CORPORATION, 103 Ian- Baton Rouge, La. or Ft. WVorth, Tem. caster Road, Gorham, N.H. 03581. Appli- No. MC 127187 (Sub-No. 23) filed No- No. MC 129394 (Sub-No. 4) filed No- vember 4,1976. Applicant: FLOYD DUE- cant's representative: Frank J. Weiner. vember 1, 1976. Applicant: RONALD 15 Court Square, Boston, Mass. 02108.Au- HACKENBERGEB, doing business as NOW, :INC., 1728 Industrial Park Boule- thority sought to operate as a common vard, Fergues Falls, mln 56537. Ap- DON'S TRUCKING SERVICE, Routa earrier, by motor vehicle, over irregular 230, North, RFD No. 3, Norvnalk Oha plicant's representative: Gene P. John- routes, transporting: Woocpulp, between. Fargo, N. 44857. Appicants representative: Rlah- son, 425 Gate City Building, Berlin, N.H., on the one hand, and, on Dak. 58102. Authority sought to operate ard H. Brandon, 220 West Bridge Streat. the other, points in Massachusetts and P.O. Bx 97, Dublin, Ohio 43017. Author- as a common carrier,by motor vehicle, New York and the port of entry on the over irregular routes, transporting: Ani- iti sought to operate as a contract car- International Boundary line between the rier, by motor vehicle, over irregular a and Poultry feed, and animal and States and Canada, at or near United routes, transporting: Coal, in dump ve- Poultry feed ingredients, from points in Pittsburg, NUH Kansas, to p oints in Colorado, 'Idaho, hiclez, from points in Kentucky, west I NoT_.-if a hearlng is deemcd Montana-, Oregon, Utah and Wyoming. rccaary. Virginia and that part of Pennsylvanix applicant requessts It be held at Concord, on and west of U.S. Highway 119 and on NoE.--If a hearing is deemed necessary, N.H., or Boston, Mnass. the applicant requests it be held at either and south of Interstate highway 80 to Minneapois, or St. Paul Ainn. No. MC 28746 (Sub-No. 29) filed No- that part of Ohio on and north of US. vember 2, 1976. Applicant: DAGATA Highway 30, under a continuing con- No. MC 127834 (Sub-No. 116) filed No- NATIONAL TRUCKING CO.. a Corpor- tract with Federal Lime and Stone Com- vember 1, 1976. Applicant: CHEROKEE pany HAULING & RIGGING, INC., 540-42 ation, 3240 South 61st Street, Philadel- Merritt Avenue, NashvIlle, Tenn. 37203. phia. Pa. 19153. Applicant's reprezenta- 1orr.--If a hearing I- deemed nececary, tive: Edward J. Kiley, 1730 M Street, the applicant rcquezat it ba held at Coume- Applicant's representative: Carl U. N.W., Suite 501, Washington, D.C. 20036. bus. Ohio. Hurst, P.O. Drawer "'" M1adisonville, Authority sought to operate as a co=- Ky. 42431. Authority sought to operate No. MC 133485 (Sub-No. 18) filed Oc- mon carrier,by motor vehicle, over ir- tober 28, 1976. Applicant: IN'rERNA- as a common carrier,by motor vehicle, regular routes, transporting: Glas con- over irregular routes, transporting: TIONAL DETECTIVE SERVICE, INC, tainers, from the plantslte and storage 1828 Westminlster Street, Providence. Strand, wire ad spirals., iron and steel, facilities of Midland Glass Co., Inc., lo- from the plantsite and storage facili- RI 02909. Applicant's representative: cated at or near Cliffwoed. N.J.. to points Morris J. Levin, 1620 Eye Street, North- ties of Wiremil, Inc., at Sanderson, Fla., in New York. to points in the Unitpd States (except west. Washington, D.C. 20006. Authority Alaska and Hawaii). Norr-If a hearing Is deemed ncceezary. sought to operate as a common carrier. applicant requests It be held at WaValinton, by motor vehicle, over irregular routes. No=.-Common control may be involved. D.C., or Philadelphia, Pa. If a hearing is deemed necessary, the appli- transporting: Bullion, precious metals. cant requests it be held at JacTsonville. Fla., No. MC 129032 (Sub-No. 29) filed No- precious ores, precious stones, coins, or Atlanta, Ga. vember 8, 1976. Applicant: TOM fNMWTI jewelry, and rare objects, between Kel- logg, Idaho, Amarillo, El Paso and Lare- No. MC 128095 (Sub-No. 13) filed Oc- TRUCKING, INC., 6015 South 49th West Avenue, P.O. Box 9667, Tulsa, OIa.. do. Tex on the one hand, and, on the tober 28, 1976. Applicant: PARKER other, points in Connecticut, Massachu- TRUCK LINE, INC., Senter Drive, P.O. 74107. Applicant's representative: John setts, New Jersey. New York, Rhode Is- Box 1402, Tupelo, MIss. 38801. Applicant's Paul Fischer, 256 Montgomery Street, San Francisco, Calif. 94104. Authority land. Chicago, Ill, and points in Bucks. representative: James Easterling (same Cheater, Delaware, Montgomery and address as applicant). Authority sought sought to operate as a common carrier, by motor vehicle, over irregular routes, Philadelphia Counties, Pa. to operate as a common carrier, by motor transporting: Pet foods, from San Diego, involved. vehicle, over irregular routes, transport- IoTM--comon control mnay be Calif., to points in Arkansas, Illinois. In- If a bearing I-deemed necessry, the appli- ing: Spring assemblies, metallic, with diana, Iowa, Kansas, Kentucky, Louisi- cant request t be held at either New- Yorp. fixtures for davenports or sofas, from the ana, Michigan, Minnesota, MiszourL Ne- ?.Y. or Providence, I.L facilities of Super Sagless Corporation, braska, North Dakota, Ohio. Oklahoma, No. MC 133566 (Sub-No. 66) filed Oc- located at Tupelo, Miss., to points in the South United States (except Alaska and Dakota, Tennessee, Temas and tober 28, 1976. Applicant: GANGLOF & Hawaii). Wisconsin. DOWNHAM TRUCKING CO., INC., P.O. Nom.-Common control may ba Involed. Bon 479. Logansport, Ind. 46947. Appli- NOrT-If a hearing is deemed necessary, If a hearing Is deemed necc=.ary. the applcant's representative: Charles W. Bein- the applicant requests it be held at either cant requests It be held at San Dleo, Calif. Tupelb or Jackson. Ansz or z.emphis, Tenn. hauer, 1224 Seventeenth Street, N.W.. W-hington, D.C. 20036. Authority No. MC 128270 (Sub-No. 21) filed Oc- No. MC 129068 (Sub-No. 33) filed Oc- tober 28, 1976. Applicant: GRIFFM sought to operate as a common carrier, tolier 28, 1976. Applicant: REDIEHS IN- TRANSPORTATION, INC., 3002 S. by motor vehicle, over Irregular routes. TERSTATE, INC., 1477 Ripley Street, transporting: Meat, meat procfuets, East Gary, Ind. 46405. Applicant's repre- Douglas Blvd., Oklahoma City, Okla. 73150. Applicant's representative: G. meat by-products and article3 disri-b- sentative: Richard A. Kerwin, 1B0 North uted by meat Paeinghouses (except La Salle Street, Chicago, IL 60601. Au- Timothy Armstrong, Suite 200. 6161 N. May Avenue, Oklahoma City, 0hia. hides and commodities in bulW, as de- thority sought to operate as a common fined In Sections A and C of Appendix I carrier, by motor vehicle, over irregular 73112. Authority sought to operate as a common to the report in Descriitions in Motor routes, transporting: Iron -andsteel ar- carrier,by motor vehicle, over irregular routes, transporting: (1) Carrier Certificates 61 BEC.C. 209 and tices, between the plantsite and ware- 766, from the plant site and warehouse house facility of Nucor Steel Corporation, Trailers (mobile homes) designed to be drawn by passenger automobile In ini- facilities of Wilson Foods Corporation located at or near Jewett, Te., on the tial movement; and (2) buildings com- located at Albert Lea, Minn., to pointg one hand, and, on the other, points in plete or in sections mounted on wheeled in Connecticut, Delaware, Mine, Mary- Alabama, Arkansas, Colorado, Illinois, undercarriages, restricted In (1) and (2) land, Massachusetts, New Hampshire, Indiana, Kansas, Kentucky, Louisiana, New Jersey, New York, Pennsylvania, above against recreational vehicles, such RhOdo.Island, Vermont Virginia, and the Missouri, New Mexico. Oklahoma and as campers and travel trailers, and modu- District of Columbia, restricte to the Tenneskee. lar units or prefabricated buildings, from transportation of traffic originatingr at

FEDERAL REGISTER, VOL 41, NO. 233-THU2DAV, IDEEMISEI 2, 1976 52964 NOTICES the above named-origins and destined to thority gought to operate as a common Nora.-If a hearing Is deemed nccessary, the named destinations. carrier,by motor vehicle, over irregular the applicant requests It be held at Min- neapols, Minn. NoTS.-If a hearing Is deemed necessar, routes, transporting: Fluorspar,in bulk, the applicant requests it be held at either from the mine and plantsites of J. Irving No. MC 134922 (Sub-No. 200) filed Dallas, Tex. or Kansas City, Mo. Crowel, Jr. and Son, located at or near November 1, 1976. Applicant: B. J. Beatty, Nev., to points in California. No. MC 133591 (Sub-No. 28) filed McADAMS, INC., RoUte 6, Box 15, North October 26, 1976. Applicant: WAYNE NoTz.-Common control may be involved. Little Rock, Ark, 72118. Applicant's rep- DANIEL TRUCK, INC., P.O. Box 303, If a hearing is deemed necessary, the appli- resentative: Bob McAdams (same ad- cant requests it be held at Los Angeles, Calif. dress as applicant). Authority sought to Mount Vernon, Mo. 65712. Applicant's No. representative: Harry Ross, 58 South MC 134258 (Sub-No. 4) filed operate as a common carrier, by motor Main Street, Winchester, Ky. 40391. Au- November 1, 1976. Applicant: RALPH'S vehicle, over irregular routes, transport- thority sought to operate as a common TRANSPORT, LTD., a Corporation, 5 ing: Chemicals, plastics, and cleaning carrier, by motor vehicle, over irregular Seaton Street, St. John, New Brunswick, compounds (e.xcept commodities in bulk), routes, transporting: (1) Candy and con- Canada. Applicant's representative: between the planatsite and storage facili- fectioneries, (a) from St. Louis, Mo., to Francis E. Barrett, Jr., 10 Industrial ties of Georgia-Pacific Corporation, lo- points in Arizona, California, Colorado, Park Road, Hingham, Mass. 02043. Au- cated in Los Angeles County, Calif,, on Idaho, Kansas, Nebraska, Nevada, New thority sought to operate as a common the one hand, and, on the other, points Mexico, Oklahoma, Oregon, Texas, Utah, carrier, by motor vehicle, over irregular in Indiana, Iowa, -Kansas, Maryland, and Washington, restricted to movement routes, transporting: Lime, lime prod- Massachusetts, Missouri, New Jersey, of traffic that originates at plantsites and _ucts, limestone and limestone products, New York, Ohio, Pennsylvania, Tennes- storage facilities of Beatrice Foods Com- In dump vehicles, from ports of entry on see (except Humboldt), and Texas. pany, and its Switzer Licorice Division, the International Boundary line between No=.--- a hearing is deemed necesary, at St. Louis, Mo.; (b) from St. Louis, the United States and Canada, at or near the applicant requests it be held at either Mo., to points in California, Colorado, Fort Kent, Van Buren, Limestone, Fort Los Angeles, Calif. or Little Rock, Ark. Idaho, Nevada, New Mexico, Oregon, Fairfield, Mars Hill, Houlton and Calais, No. MC 135015 (Sub-No. 1) filed Utah, and Washington, restricted to Maine, to points in Maine, and extending November 1, 1976. Applicant: SOUTHI- movement of traffic that originates at to the transportation in foreign com- ERN TRANSIT CO., INC., 1211 South plantsites and storage facilities used by merce at Havelock and St. John, New 9th Street, Fort Smith, Ark. 72001. Ap- Sunmark, Inc., at St. Louis, Mo.; (c) Brunswick, Canada. plicant's representative: Don A. Smith, from plantsites and storage facilities of NoTE.-If a hearing is deemed necessary, 510 North Greenwood, P.O. Box 43, Fort L. S. Heath & Sons, Inc., at or near applicant requests it be held at Augusta or Smith, Ark. 72902.: Authority sought to Robinson, Ill., to points in Arizona, Cali- Portland, Maine. operate as a common carrier, by motor fornia, Colorado, Idaho, Nevada, New vehicle, over regular routes, transport- Mexico, Oregon, Utah and Washington, No. MC 134328 (Sub-No. 3) (Correc- tion) filed September 2, 1976, published ing: General commodities (except on- restricted to movement of traffic that modities in bulk, household goods as do- originates at plantsites and storage facil- in the FEDaA REzISTR issue of Octo- ber 15, 1976, and republished as corrected fined by the Commission, Classes A and ities of L. S. Heath & Sons, Inc., at or B. explosives, commodities of uniuntal near Robinsoi, II.; (d) from planksites tamis issue. Applicant: D &G TRUCKING CO., INC., 1450 Hamilton Ave., P.O. Box value, and commodities which because of and storage facilities of Nabisco Confec- size and weight require the use of spe- tions, Inc., at or near Danville, Ill., to 1004, Wynne, Ark. 72396. Applicant's representative: James N. Clay, M, 2700 cial equipment), Between Acorn, Ark., points in Arizona, California, Colorado, and the Junction of Arkansas Highway Idaho, Nevada, New Mexico, Oregon, Sterick Bldg., Memphis, Tenn. 38103. Au- thority sought to operate as a contract 253 and U.S. Highway 271, serving all in- Utah, and Washington, restricted to termediate points: From Acorn, Ark., movement of traffic that originates at carrier,by motor vehicle, over irregular route , traisporting: Swimming and over U.S. Highway 59 to the junction of plantsites and storage facilities of Na- wading pools, and parts attachments and U.S. Highway 271, thence over U.S. bisco Confections, Inc., at or near Dan- Highway 271 t6 its junction with Arkan- ville, I1.; and (e) from Elk Grove Village accessories therefor, from the plantsite of Doughboy Recreational, Inc. located sas Highway 253, and return over the and Itasca, Ill., to St. Louis, Mo., and same route. points in Arizona, California, Colorado, at Helena, Ark., to points in Arizona, Idaho, Nevada, New Mexico, Oregon, California, Nevada, New Mexico, Oregon, NoTE.-If a hearing is deemed necessary and Washington, under a continuing the applicant requests it be held at Fort Utah, and Washington, restricted to Smith, Ark. movement of traffic that originates at contract, or contracts, with Doughboy plantsite and storage facilities used by Recreational, Inc. No. MC 135410 (Sub-No. 5), filed No- Sunmark, Inc., and its subsidiaries, at Nor-The purpose of this republication vember 1, 1976. Applicant: COURTNEY Elk Grove Village and Itasca, Ill.; and is to indicate Oregon and a destination state J. MUNSON, doing business as MUNSON (2) Sandboxes, blackboards, chalkboards in lieu of Ohio as was erroneously published. TRUCKING, 700 South Main, Mon- If a hearing is deemed necessary, the appli- mouth, Ill. 61462. Applicant's repro- and furniture, from St. Louis, Mo., to can requests it be held at Memphis, Tenn. points in Arizona, California, Colorado, sentative: Jack H. Blanshan, Suite 200, Idaho, Nevada, New' Mexico, Oregon, No. MC 134477 (Sub-No. 126) iled 205 West Touhy Avenue, Park Ridge, Ill. Utah, and Washington, restricted to November 5, 1976. Applicant: SCHANNO 60068. Authority sought to operate as a movement of traffic that originates at TRANSPORTATION, INC., 5 West Men- common carrier,by motor vehicle, over plansites and storage facilities of Beat- dota Road, P.O. Box 3496, St. Paul, Minn. irregular routes, transporting: Meats, rice Foods Company, and its A. W. .55118. Applicant's representative: Robert meat products, meat by-products and Schwab Company division, at St. Louis, P. Sack, P.O. Box 6010, West St. Paul, articles distributed by meat packing- MO. Minn. 55118. Authority sought to oper- houses as described in Sections A and C Nos.-Applicant seeks by this application ate as a common carrier, by motor vehi- of Appendix I to the report in Descrip- to convert its Certificate in MC 133591, Sub 3 cle, over irregular routes, transporting: tions in Motor Carrier Certiflcates, 61 and other-subs, into a Permit of Public Con- Meat, meat products, meat by-products M.C.C. 209 and 766 (except hides and venience and Necessity. If a hearing is deemed and articles distributed by meat pack- commodities in bulk), from the plant- necessary, applicant requests it be held at inghouses, as described in Sections A and site and warehouse facilities of Wilson St. Louis, INTo. C of Appendix I to the report in Descrip- Foods Corporation located at Cedar No. MC 133708 (Sub-No. 26) filed "ionsin Motor. Carrier Certificates, 61 Rapids, Iowa, to points In Connecticut, November 8, 1976. Applicant: FIKSE M.C.C. 209 and 766 (except hides and Delaware, Maine, Maryland, Massachu- commodities hi bulk), setts, New Hampshire, New Jersey, Now BROS., INC., 12647 East South Street, from the plant- York, Pennsylvania, Rhode Island, Ver- Artesia, Calif. 90701. Applicant's repre- site and storage facilities of Armour & mont, Virginia, and the District of sentative: Carl H. Fritze, 1545 Wilshire Cdompany located at or near St. Paul, Columbia, restricted to the transporta- Blvd., Los Angeles, Calif. 90017. An- Minn., to points in Texas. tion of traffic originating at the above

FEDERAL REGISTER, VOL. 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52965

named origins and destined to the above shipments having a subsequent move- volved. If a hearing is deemed necessary, named destinations. ment by water, In marine cargo con- the applicant requests it be held'at St. No,.-If a hearing is deemed necessary. tainers; and (2) intermodal cargo con- Paul, Minn. the applicant requests it be held at either tainers and chassis fherefor, from MC 136605 (Sub-No. 19), filed No- Dallas, Tex. or Kansas City. Mo. Charleston, S.C., to points in Arkansas, No. Illinois, vember 1, 1976. Applicant: DAVIS filed Iowa, Kentucky, Minnesota, No. MC 135861 (Sub-No. 13), Missouri, Nebraska and Wisconsin. BROS. DIST.. INC., 2024 Trade Street, November 9, 1976. Applicant: LISA.MO- P.O. Box 1027, Missoula, Blont. 59301. TOR LINES, INC., P.O. Box 4550, Fort NorE.-Common control may be Involved. Applicant's representative: W. E. Seliski Worth Tex. 16106. Applicant's repre- If a hearing Is deemed necezary, the appli- (same addres:, as applicant). Authority, cant requests It be held at Atlanta, Ga. sentative: Billy R. Reid, P.O. Box 9093, sought to operate as a common earrer, Fort Worth, Tex. 76!17. Authority sought by motor vehicle, over irregular routes to operate as a contract carrier,by motor No. MC 136343 (Sub-No. 95), filed Oc- tober 27, 1976. Applicant: MIrLTON transporting: Lumber and wood prod- vehicle, over irregular routes, transport- TRANSPORTATION. ucts (except commodities in bulk in tank ing: Meats, meat products, meat by INC., P.O. Box 355, vehicles', Milton, Pa. 17847. Applicant's from Ports of Entry on the products, and articles distributed by representative: International Boundary line between the meat packinghouses as described in Sec- George A. Olsen, 69 Tonnele Avenue, Jersey City, N.J. 07306. Author- United States and Canada, located at or tions A and C of Appendix I to the report near Blaine, Sumas and Oroville, Wash., in Descriptionsin Motor CarrierCartifl- ity sought to operate as a common carrier, by motor vehicle, over irregular to points in North Dakota, South Dakota, cates, 61 M.C.C. 209 and 766 (ex.ept Minnesota, Nebraska, Iowa, Wisconsin, hides and commodities in bulk), from routes, transporting: Such commodities as are dealt in by wholesale Wyoming, Colorado, afd Utah, restricted the plantsite of Swift Fresh Meats Com- and retail to food stores and equipment, traffic originating in British Columbia, pany located at or near Gering, Nebr., materialsand Canada. to points in Alabama, Connecticut, Dela- supplies used in the conduct of such business Zom.M-ApplIcnt, holds contract carrier ware, Florida, Georgia, Indiana, Ken- (except commodities in bulk), between the facilities of Weis Mlarkets, Inc., authority in mC 127349 (Sub-Ito. 2), there- tucky, Maine, Maryland, Massachusetts, fore dual operatlons may be involved. If Michigan, Mississippi, New Hampshire, located at Sunbury, Northumberland and Milton, Pa., a hearing I- deemed necez.ary, the applicant New Jersey, New York, North Carolina, on the one hand, and, on reque .ta It be held at Billings or ,Lj-ouiz, Ohio, Pennsylvania, Rhode Island, South the other, points in Connecticut, Dela- Zront. Carolina, Tennessee, Virginia, Vermont, ware, Illinois, Indiana, Kentucky. Maine, Maryland, Massachusetts, Michigan, No. MC 13G713 'Sub-No. 7), filed No- West Virginia, and the District of vember 1, 1976. Applicant: Columbia, under a continuing New Jersey, New York, North Carolina, AERO contract, LIQUID TRANSIT, INC., or contracts with Swift Fresh, Meats Ohio, Rhode Island, Tennessee, Virginia 834 West Mlain and West Virginia. Street, Lowell, Mich. 49331. Applicant's Company. representative: Daniel J. Kozera, Jr., The Nor.-If a hearing Is deemed NoTE.-if a hearing is deemed necessary, nece-ary. McKay Tower, Grand Rapids, Mich. the applicant requests it be held at either the applicant requests It be held at either Harrisburg or Philadelphia, Pa. 49503; Authority sought to operate as a Fort Worth, Teax. or Chicago, M. common carrier, by motor vehicle, over No. MC 135936 (Sub-No. 18), filed No. MC 136343 (Sub-No. 90) filed No- irregular routes, transporting: Anhy- November. 3, 1976. Applicant: C & K vember 1, 1976. Applicant: MILTON drous ammonia, in bulk, in tank vehicles, IRANSPORT, INC., 503 Des Moines TRANSPORTATION, INC., P.O. Box from Huntington, Ind, to points in MIch- Street, P.O. Box 205, Webster City, Iowa 355, Milton, Pa. 17847. Applicant's repre- Igan and Ohio. sentative: George A. 50595. ' Applicant's representative: Olsen, 69 Tonnele I or--ApplIeant holds contract carrier Thomas E. Leahy, Jr., 1980 Financial Ave., Jersey City, N.J. 07306. Authority authority In 11o. MC 135012, therefore du2l Center, Des Moines, Iowa, 50309. Au- sought to operate as a common carrier, operations may be involved. If a hearing Li thority sought to operate as a common by motor vehicle, over irregular routes, deemed nezecary, the applicant requests it carrier,by motor vehicle, over irregular transporting: Suck commodities as are be held at either Lanrlng or Detroit, mich., routes, transporting: Meats, meat prod- dealt in by mail order houses and retail or Chicazo, Il ucts, meat by-products and articles department stores and equipment, mate- No. MC 136786 (Sub-No. 106), filed flistributed by meat packinghouses as rials and supplies used in the conduct of November 3, 1976. Applicant: ROBCO per Appendix-I, Sections A, B, and C, 61 such business (except commodities in TRANSPORTATION, INC., 309 5th Ave- . M.C.C. 209 and 766 -(except hides and bulk), from the freight consolidation nue Northwest, P.O. Box 12729, New commodities in bulk), from the plant- facilities of J. C. Penney Company, lo- Brighton, Minn. 55112. Applicant's rep- sites and -storage facilities of Spencer cated at or near Atlanta, Ga., to the resentative: Stanley C. Olsen, Jr., 7525 Foods, Inc., located at Spencer, Hartley breakbulk and catalog center facilities of Mitchell Road, Eden Prairie, Minn. 55343. and- Fort Dodge, Iowa and Schuyler, J. C. Penney Company. located at or near Authority sought to operate as a common Nebr., -to points in Connecticut, Dela- Columbus, Ohio. carrier,by motor vehicle, over irregular ware, -Maine, Maryland, Massachusetts, NorE.-I a hearing Is deemed necezary. routes, transporting: Printed matter, New Hampshire, New Jersey, New York. the applicant requests It be held at either from San Francisco, Calif., to points in Pennsylvania, Rhode .Island, Vermont New York. N.Y. or Washington. D.C. Alabama, Colorado, Florida, Georgia, Illi- and the District of Columbia. No. MC 136512 (Sub-No. 11), filed No- nois, Iowa, Kansas, Minnesota, Missouri, No. MC 136285 (Sub-No. 19), filed -vember 11. 1976. Applicant: SPACE Nebraska, North Carolina, Oklahoma. October 28, 1976. Afiplicant: SOUTH- CARRIERS, INC., 444 Lafayette Road, South Carolina, Utah, Virginia, and ERN INTERMODAL LOGISTICS, INC., St. Paul, Al-in. 55101. Applicants repre- Wisconsin. P.O. Box 143, Thomasville, Ga. 31792. sentative: James E. Ballenthin, 630 Os- Zlorz-If a hearing Is deemed necess z r Applicant's representative: William P. born Building, St. Paul, Minn. 55102. the applicant requests It be held at Minne- Jackson, Jx,? 3426 North Washington Authority sought to operate as ILcommon apolls, M1inn. Boulevard, P.O. Box 1267, Arlington, Va. carrier, by motor vehicle, over irregular No. MC 138134 (Sub-No. 71, filed 22210. Authority sought to operate as a routes, transporting: Clothing, fabric November 2, 1976. Applicant: DONALD common carrier,by motor vehicle, over synthetic and otherwise, and machinery, HOLLAND TRUCKING, INC., 1,300 Main irregular routes, transporting: (1) Meat, material, equipment, supplies, advertis- Street, Keokuk, Ioi-a 52632. Applicants meat products and meat by-products, ing nmterials and packaging used in the representative: Kenneth F. Dudley, 611 -and articles distributed by meat pack- ,manufacture; distribution and sale of Church Street, P.O. Box 279, Ottumwa. ingliouseg (except commodities in bulk), clothing and fabric, between Minne- Iowa 5'2501. Anthorlty sought to operate from points in Arkansas, Illinois, Iowa,' apolis-St. Paul, Minn.; Tulsa, Hominy as a contract carrier,by motor vehicle. Kentucky, * Minnesota, Missouri, Ne- and Pawnee, Okla.; Salisbury, Farming- over irregular routes, transporting: Corn braska, and Wisconsin, to Charleston, ton and St. Louis, Mo.: and Dallas and products, in containers, and materials. S:C., restricted to the transportation of Paris, Tex. Common control may be In- equipment and supplies used in the man-

FEDERAL REGISTER, VOL 41., NO. 233-THURSDAY, DECEMBER 2, 1976 52966 NOTICES

ufacture, processing, sale and distribu- No.-If a hearing is deemed necessary, pouches or wrappers,flat folded flat or In tion of corn products (except in bulk), the applicant requests it be held at either or Chicago, Ill. rolls requiring separation int6 individual between points in the United States, re- Washington, D.C. units with or without compliment of bag stricted to the transportation of traffic No. MC 139495 (Sub-No. 177), filed No- ties, from the plant site and storage originating at and/or destined- to the vember 1, 1976. Applicant: NATIONAL facilities of American Western Corpora- plantsites, warehouses or facilities owned CARRIERS, INC., 1501 East 8th Street, tion located at or near Placentia, Calir., or used by The Hubinger Company, un- P.O. Box 1358, Liberal, Kans. 67901. Ap- to Phoenix, Ariz., and points in Arkansas, der a continuing contract, or contracts, plicant's representative: Herbert Alan Colorado, Idaho, Louisiana, Missouri, with the Hubinger Company. Dubin, 1819 H Street, NW., Suite 1030, Montana, Nevada, New Mexico, Okla- NoTE.-If a hearing is deemed necessary, Washington, D.C. 20006. Authority sought homa, Oregon, South Dakota, Tcxa%, the applicant requests it be held at either to operate as a common carrier,by motor Utah and Washington, under a continu- Chicago, Ill. or Des Moines, Iowa. vehicle, over irregular routes, transporting contract or contriats with American No. MC 138469 (Sub-No. 33), filed Oc- ing: Floorcoverings, from Gonzales, Tex., Western Corporation. tober 26, 1976. Applicant: DONCO CAR- to points in the United States (except NoE.-If a hearing Is deemed nce - arv, RIERS, INC., P.O. Box 75354, Oklahoma, Alaska and Hawaii). the applicant requests it be held at Slow: City, Okla. 7.3107. Applicant's representa- Nor.--Applicant holds contract carrier au- Falls, S. Dak., or Sioux City, Iowa, tive: Joseph T. Bambriek, Jr., 217 Old thority in MC 433106 and subs thereunder; No. MC 140693 (Sub-No. 11), filed No- Airport Road, Douglassville, Pa. 19518. therefore dual operations may be involved. If a hearing is deemed necessary, the appli- vember 2, 1976. Applicant: BEER. Authority sought to operate as a common cant requests It be held at Washington, D.C. .TRANSPORTATION COMPANY, a Cor- carrier,by motor vehicle, over irregular porAtion, 1122 Germantown Avenue, routes, transporting: Colonialpine furni- No. MC 139906 (Sub-No. 9), filed N o- Philadelphia, Pa. 19123. ApplIcant's rep- ture and household accessories, viz: bath vember 1, 1976. Applicant: INTER- resentative: Edward J. Kiley, 1730 M seats, beds andl bed frames, clocks, cook- STATE CONTRACT CARRIER CORPO- Street, N.W., Suite 501, Washington, D.C. ing utensils, curtains, decorative plaques, RATION, P.O. Box 748, Salt Lake City, 20036. Authority sought to operate as a doll furniture, doll houses, dolls, earthen- Utah 84110. Applicant's representative: common carrier,by motor vehicle, over ware, fabric, figurines, metal chairs, mir- Richard A. Peterson, P.O. Box 81849, irregular routes, transporting: Glass rors, outdoor grills, outdoor lamps, out- Lincoln, Nebr. 68501. Authority sought containers, from the plantsite and stor- door lights, paint, pictures, plates, sewing to operate-as a common carrier,by motor age facilities of Midland Glass Co. Inc., sets, stairtreds, trash receptacles (SP), vehicle, over irregular routes, transport- located at or near Cliffwood, N.J,, to varnish stains, window boxes, from Frye- ing: Carpet, carpet cushion, and mate- points in New York. 'burg, Maine, and Conway, North Conway, rials,supplies and equipment, used in the Not.-If a hearing Is deemed necenary, and Ossippe, N.H., to Atlanta, Ga.: Bal- manufacture thereof (except commod- applicant requeit It be held at Washingtop, timore, Md.; Newark, N.J.; New York, ities in bulk, or those which because of D.C., or Philadelphia, Pa. N.Y.; Charlotte, N.C.; Columbia, S.C.; size or weight require the use of special Philadelphia, Pa.; Worcester, Mass.; handliig or equipment), from Salem, No. MC 141197 (Sub-No. 10), filed Greensboro, N.C.; Norfolk, Va.; Chatta- N.J., and points in Georgia, to Corpus November 1, 1976. Applicant: FLEIING- nooga, Tenn.; and the District of Co- Christi, Dallas, Houston, Laredo and San BABCOCK, INC., 4106 Mattox Road, lumbia. Antonio, Tex. Riverside,'Mo. 64151. Applicant's representative: Tom B. Kretsinger, 910 B 'ook- NoTE.-Applicant holds contract carrier NoTE.--Applicant holds contract carrier field Bldg., 101 West Eleventh authority in No. MIC 136375 and subs there- authority in MC 134599 and subs thereunder Street, under, therefore dual operations may be in: dual operatifns may be involved. If a hearing Kansas City, Mo. 64105. Authority sought volved. If a hearing is deemed necessary, the- is deemed necessary, applicant requests it be to operate as a common carrier,by motor applicant requests It be held at either Wash- held at Lincoln, Nebr., or Salt Lake City, vehicle, over irregular routes, transport- ington, D.C.; Oklahoma City, Okla.; or Bos.- Utah. ing: Petroleum coke, from Kansas City, ton, Mass. No. MC 139923 (Sub-No. 29),filed No- Mo., to points in Kansas and Missouri. No. MC 139193 (Sub-No. 49), filed Nb- vember 5, 1976. Applicant: MILLER No .-Common control may be involved, vember 3, 1976. Applicant: ROBERTS & TRUCKING CO., INC., P.O. Drawer "D", If a hearing is deemed necessary, the appli- OAKE,-INC,, 208 South LaSalle Street, 105 S. 8th St., Stroud, Okla. 74079. Appli- cant requests it be hold ht Kansas City, Me, Chicago, Ill. 60604. Applicant's represent- cant's representative: Dale- Ballard No. MC 141255 (Sub-No. 7), filed No- ative: Jacob J. Bi]llg, 2033 K Street, (same address as applicant). Authority vember 10, 1976. Applicant: TANDY NW., Washington, D.C. 20006. Authority sought to operate as a common carrier, TRANSPORTATION, INC., 3501 Fair- sought to operate as a contract carrier, by motor vehicle, over irregular routes, view, P.O. Box 7135, Fort Worth, To. by motor vehicle, over irregular routes, transporting: Vehicle parts, from the 76111. Applicant's representative: Ralph transporting: (1) Meat, meat products, plantsite and warehouse facilities of or W. Pulley, Jr., 4555 First National Bank meat byproducts and articlesdistributed utilized by Dana Corp. located at or near Bldg., Dallas, Tex. 75202. Authority by meat packinghouses as described in Lima, Ohio, Chelsea, Mich., Ft. Wayne sought to operate as a contract carrier, Sections A and C of Appendix I to the re- and Auburn, Ind., and Edgerton, Wis., to by motor vehicle, over Irregular routes, port in Descriptions in Motor Carrier points in Arizona California, Colorado, transporting: (1) Electronic equipment, Certificates, 61 M.C.C. 209 and 766 (ex- Nevada, New Mexico, Oklahoma, Oregon, materialsand supplies (except commodi- cept liquid commodities in bulk, in tank Texas, Utah and Washington. ties requiring the use of special equip- vehicles), from Sioux City and Esther- NoTE.-Applicant holds contract carrier ment), from Seattle, Wash,, to Ran- ville, Iowa, and St. Paul, Minn., to points authority in MC 139926 and sub (2) there- dolph, Mass.; (2) electronic equlpncnt, in Alabama, Florida, Georgia, Kentucky, under, therefore dual operations may be In- materialsand supplies (except commodi- Mississippi, North Carolina, South Caro- _volved. If a hearing is deemed necessary, the ties requiring the use of special equip- lina, and Tennessee; and (2) Such com- applicant requests it be held at either Ft. ment), from Los Angeles, Calif. to Ran- Wayne or Indianapolis, Ind. dolph, Mass.; (3) antennamasts (except modities as are used by meat packers in commodities requiring the use of special the conduct of their business, from points No. MC 140277 (Sub-No. 8), filed No- vember 3, 1976. Applicant: BILL BALL, equipment), from Tarrant City, Mo. to in Alabama, Florida, Georgia, Kentucky, doing business as, BILL BALL TRUCK- Randolph, Mass.; (4) electronic stands Mississippi, North Carolina, South Caro- ING, an individual, 131 West 18th Street, ED (except commodities requiring the lina, and-Tennessee, to Sioux City and Sioux Falls, S. Dak. 57105. Applicant's use of special equipment), from St. Louis, Estherville, Iowa, and St. Paul, Minne- representative, Bill Ball (same address Mo, to Randolph, Mass.; and (5) electronic equipment (except commodities sota,restricted In (1) and (2) above to a as applicant). Authority sought to op- requiring the use of special equipment), transportation service to be performed erate as a contract carrier,by motor ve- rom Mundelein, Ill., to Randolph, Mass., under a continuing contract or contracts hicle, over irregular routes, transporting: the operations authorized herein In (1) with John Morrell & Co. Commodity bags, evelopes, packets or through (5) are limited to a transpprta-

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES . 52967

tion service to be performed under L Nor.-If a hearing Lr deemed nece=ary 42nd Avenue Vest, Seattle, Wash. 98199. continuing contract or contracts witi the applicant requests it be held at Sax Applicant'Vs representative: Michael D. Tandy Corporation and its division. Franclsco, Calif. Duppenthaler, 515 Lyon Building, 60T NorT-If a hearing is -deemed necessary No. MC 142073 (Sub-No. 1), filed No- 3rd Avenue, Seatte, VWash. 98104. Au- the applicant requests it be held at elthei vember 1, 1976. Applicant: MELVIN 1. thority sought to operate as a contract Dallasaex. or Washington, D.C. STEPHENS, doing business as CIRCLE carrier, by motor vehicle, over irregular No. MC 141592 (Sub-No. 1), S TRUCKING, R. R. No. 1, Palmer, Ill routes, transporting: Horsemeat, in ve- filed Oc- hiIes equipped tober' 19, 1976. Applicant: ANTHONY E 62556. Applicant's representative: Roberd with mechanical refrig- FALSETTO, doing business as GOLDEi T. Lawley, 300 Relsch Bldg., Springfield, eration, from Stanwood and Chehalis, GATE VAN & STORAGE COMPANY Il1. 62701. Authority sought to operate a, Wash., to Chicago, IlL; Palestine, Tex-; 1431 W. Collins a contract carrier,by motor vehicle, ove: and the port of entry on the nterna- Street, Orange, Calif tional Boundary 92667. Applicant's representative:' Rob- irregular routes, transporting: (1) Mate- Line between the . ert J. Gallagher, rials, parts and supplies used In the United States and Canada located at or 1000 Connecticut Ave- near Detroit, Mich., nue, N.W., Suite 1200, Washington, D.C manufacture of grain storage and grain under a continuing 20036. Authority drying systems and steel buildings (ex- contract, or contracts, with Florence sought to operate as a Meat Sales, Inc. common carrier, by motor vehicle, over ceptinbulk), (a) from pointsInlndiana, irregular routes, transporting: Used Iowa, Kansas, Kentucky, MlsssMppl, Nom.-If a iearing is deemed necessary, the applicant reque-ts It be held at Seattle, household goods, in containers, festricted Missourl, Nebraska and Tennessee to WasV~h. o to the transportation of traffic having a* Taylorville, Ill.; and (b) between Taylor- prior or subsequent movement beyond ville, Ill., on the one hand, and, on the No. MC 142359 (amendment), filed the points authorized, and further re- other,'Falls City, Nebr.; and (2) grain August 16, 1976, published in the FEDErAL stricted to the performance of pickur storage and grain drying systems and RIoxsvn issUe of September 30,1976, and and delivery service in connection with steel buildings, from Taylorville, Ill., to republished as amended this issue. Ap- packing, crating, and containerization or points in the United States (except plicant: PORT FAST TRANSFER, INC., unpacking, uncrating, and decontaineri- Alaska and Hawail), under a continuing 1800 South Newkirk Street, Baltimore, iation of such traffic, between points in contract in (1) and (2) above with Circle Md. 21214. Applicant's representative: Orange, San Diego, Riverside, San Ber- Steel Corporation. Harold G. Hernily, Jr., 118 North St. nardino, and Los Angeles Counties, Calif. NoTE.-If a hearig Is deemed nececcary, Asaph Street, Alexandria, Va. 22314. Au- No.---If a hearing the applicant requests It be held at either thority sought to operate as a common is deemed necessary, St. Louis, Mo. or Chicao, Ill. the applicant does not specify a location. carrier,by motor vehicle, over irregular No. MC 142158 (Sub-No. 1), filed No- routes, transporting: (1) Containers, No. MC 141804 (Sub-No. 31), filed container chassis, and trailers (except November 5,1976. Applicant: WESTERN vember 5, 1976. Applicant: DAVID HESCH AND JEFEREY M. REGLIN, those designed to be drawn by passenger EXPRESS, division of Interstate Rental, automobiles); and (2) generalcommodi- Inc., a Corporation, P.O. Box 422, Good- doing business as REGLU AND HESCH TRUCKING AND EXCAVATING, Route ties (except motor vehlcles, commodities lettsville, Tenn. 37072. Applicant's rep- in bulk, Classes A and B explosives, - resentative: Richard A. Peterson, P.O. 1, Alma, Wis. 54610. Applicant's representative: C. E. deBruyn, 1745 Univer- household goods, and commodities which Box 81849, Lincoln, Nebr. 68509. Author- because of their size and weight require ity sought to. operate as a common sity Avenue, St. Paul, Minn. 55104. Au- car- thority sought to operate as a common special equipment), between Baltimore, rier, by motor vehicle, over irregular Md., and points in Anne Arunde, How- routes, transporting: Foodstuffs, un- carrer,by motor vehicle, over Irregular routes, transporting: Sand, gravel and ard, Baltimore, and Hartford Counties, frozen, in individually controlled and Md., restricted to traffic having an im- packaged portions (except meat, meat dirt, in bulk, in dump trucks and dump trailers (except tank vehicles), so mediate prior or subsequent movement products, and meat by-products), from by rail or water. the plantsite and storage facilities equipped that the load.Is ejected by of gravity, from Wabasha, Mlnn, to points 2orr.-ThnL proceeding I- aszigned for Serv-A-Portion Inc,. located at or near hearing on the 10th day of January, 1977 (1 Chatsworth, in Buffalo, Pepin and Trempealeau Coun- Calif., to points in that part ties, Wis. week), at 9:30 a.m. Local Time, Baltimore, of the United States bounded on the east Ad. Hearing room location will be by sub- by the Mississippi River and on the west Noe.-If a hearing is deemed necec3ary, requent notice. The purpose of this republi- by U.S. Highway 85. the applicant requests It be held at either cation I- to amend applIcant's requested St. Paul, or Linneapolis, lfinn authority. NoTE.-Common control may be involved. If a hearing is deemed necessary, the appli- No. MC 142268 (Sub-No. 5), filed Octo- No. MC 142378 (Sub-No. 1), filed Oc- cant requests it be held at either Los An- ber 29, 1976. Applicant: GORSKI BUL tober 21, 1976. Applicant: CENTRAL geles, Calif. or Lincoln, Nebr. TRANSPORT, INC., Walkerville P.O. Box DISPATCH, INC., 650 Manhattan Street, No. MC 142062 (Sub-No. 3), filed Octo- 2153, Windsor, Ontario, Canada N8Y Harvey, La. 70058. Applicant's represen- ber 29, 1976. Applicant: VICTORY 4R8. Applicant's representative: William tative: Harold R. Ainsworth, 2307 Amer- FREIGHTWVAY :SYSTEM, INC., P.O. B. Elmer, 21635 East Nine Mile Road, lean Bank Bldg., New Orleans, La. 70130. BOX 62, Sellersburg, Ind. 47172. Appli- St. Clair Shores, Mch. 48080. AuthorIty Authority sought to operate as a common cant's representative: William P. Jack- sought to operate as a common carrier, carrier,by motor vehicle, over irregular son, Jr., 3426 North Washington Boue- by motor vehicle, over Irregular routes, routes, transporting: Engine or motor yard, P.O. Box 1267, Arlington, Va. transporting: Animal feeds (except in parts and equipment and parts thereof 22210. Authority sought to operate as a bulk), from Sherburne, N.Y., to ports of used on ships and ocean going vessels for contract carrier, by motor vehicle, over entry on the International Boundary line the operation, maintenance and safety irregular routes, transporting: such. between the United States and Canada, of such ships and vessels, between points commodities as are distributed by whole- located at points in New York, Michigan, in the Parishes of Piaquemines, St. Ber- sale or institutional grocery or food busi- Minnesota, North Dakota, Montana, nard, Orleans, Jefferson, St. Charles, St. ness houses (except frozen commodities, Idaho and Washington, for furtherance John the Baptist, St. James, Ascension, fresh meats, and commodities in bulk), to Toronto, Ontario; Winnipeg, Mani- Iberville, East Baton Rouge, West Baton from points in San Joaquin, Santa Clara, toba; and Vancouver, British Columbia, Rouge, and Calcasieu, La.; Harrison and Stanislaus Counties, Calif., to points Canada. County, Miss.; Orange and Jefferson in Alabama, Illinois, Indiana, Kentucky, Norc.-Common control may be Involved. Counties, Tex., Bay Town, Houston and Galveston, Tex., Michigan, Mississippi, Ohio and Tennes- If a hearing Is deemed necessary, the appU- on the one hand, and, cant requests It be on the other, points in Cameron and Cal- see, restricted to held at either Washing- the transportation of ton, D.C., New York, N.Y. or Detroit. U5ch. houn Counties, Tex.; Jackson County, shipments under a continuing contract, No. MTC 142332 (Sub-No. 1), filed No- Miss.; Mobile and Baldwin Counties, or contracts, with Nuggett Distributors, vember 8, 1976. Applicant: MEAT Ala., restricted to the transportation of Inc. traflic moving in foreign commerce un- HANDLERS' EXPRESS, INC., 5403- der US. Custom's Bond.

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52968 NOTICES

NoTz.-f a hearing Is deemed necessary, No. MC 142615, fmed October 21, 1976. Mich. 49674. Applicant's representative: the applicant requests it be held at New Or- Applicant- AT.ILIO BRUNO, doing Martin J. Leavitt, 22375 Haggerty Road, leans, La. business as NAB TRANSPORT,, 17 Ber- P.O. Box 400, Northvlle, Mich. 48167. No. MC 142432 (Sub-No. 1), filed Oc- wyn Drive, Lake Ronkonkoma, N.Y. Authority sought to operate as a contract tober 27, 1976. Applicant: NORMAN R. 17779. Applicant's representative: Mor- carrier,by motor vehicle, over Irregular JACKSON, R.D. No. 1, Oxford, Pa. 19363. ton E. Kiel, Suite 6193, 5 World Trade routes, transporting: (1) Proccssed Iruit Applicant's representative: Alan Auck- Center, New York, N.Y. 10048. Authority products, from points In that part of enthaler, 1815 H Street, NW., Washing- sought to operate as a contract carrier, Michigan on and west of U.S. Highway ton, D.C. 20006. Authority sought to op- by motor vehicle, over irregular routes, 131 and Green Bay, Wis., to points erate as a common carrier, by motor ve- transporting: Knit goods, from Brent- in the United States (except Alaska and hicle, over irregular routes, transporting: wood, N.Y., to Waterbury, Conn.,under a Hawaii); and (2) materials,supplies and (1) Canned vegetables, from New Free- continuing contract, or contracts, with equipment used in the processing of fruit dom, Pa., to Phoenix, Ariz., Denver, Colo., Claridge Knits. from points In the United States (except Las Vegas, Nev., Portland, Oreg., Seattle, NoT.---If a hearing is deemed necessary, Alaska and Hawaii), to points in that Wash., Colton, Fresno, Milpitas, Rich- the. applicant requests it be held at New part of Michigan on and west of U.S. mond, Riverside, San Diego, Calif.,, and York, N.Y. Higwhay 131 andGreen Bay, Wis., under points in Alameda, San Matec, Los An- a continuing contract, or contracts, with geles, and Orange. Counties, Calif.; (2) No. MC 142616, filed October 29, 1976. Cherry Central Cooperative Inc,; Theresa baked goods, from Fleetwood, Pa., to Applicant: CASTLE SERVICE CORP., Friedman and Sons, and Interstate Denver, Colo.; -Columbus, Ga.; Peoria, 70 Cumsewogue Road, East Setauket, Brnands Corporation. Ill.; Chicago, IL:, and its commercial N.Y. 11733. Applicant's representative: Nor.-If a hearing Is deemed necessary, zone; Kansas City, Kans.; Sikeston, Mo.; -William Q. Keenan, 277 Park Avenue, the applicant requests it be held at either Oklahoma City, Okla.; Memphis, Tenn.; New York, N.Y. 10017. Authority sought Traverse City, Mich. or Chicago, IlL to operate as a contract carrier,by motor Dallas, Texas.; and points in Alameda, PASSENGER APPLICATIONS San Mateo,- Santa-'Clara, Los Angeles, vehicle, over irregular routes, transport- and Orange Counties, Calif.; and (3) ing: (1) Lamp and lighting fixture parts No. MC 61016 (Sub-No. 44), filed No- candy, from Reading, Pa., and it com- nade wholly or partially of glass or vember 1, 1976. Applicant: PETER PAN mercial zone; to Hopkins, Minn., Greens- vitreous materials; (2) glass and vitreous BUS LINES, INC., 1776 Main Street, boro, N.C.; Dallas, Tex.; and points in vases, trays and other decorative articles; Springfield, Mass. 01103. Applicant's Arizona, California, Oregon and Wash- and (3) materials and supplies used in representative: Frank Daniels, 15 Court ington. the manufacture of the commodities Square, Boston, Mass. 02108. Authority named in (1) and (2) above, (a) between NoT.-Applicant holds contract carrier sought to operate as a cpmmon carrier, Brooklyn, N.Y. and Cambridge, Ohio; by motor vehicle, over Irregular routes, authority in MC 139861, therefore dual op- N.Y. and Cam- erations may be involved. If a hearing Is (b) between Biooklyn, transporting: Passengersin special oper- deemed necessary, the applicant requests it bridge, Ohio, on the one hand, and, on ations, between Amherst, 'Hadley, be held at Philadelphia, Pa. or Washington, the other, Bono, Ark.; Los Angeles, Northampton, Easthampton, South Had- D.C. San Diego and San Francisco, Calif.; ley, Holyoke, Chicopee, "West Spring- Hialeah --and Tampa, Fla.; Cave in No MC 142465 (Sub-No. 1) (Correc- field, Westfield, Wilbraham, Palmer, Rock, Chicago and Elk Grove Village, Springfield, Agawam, Longmeadow and tion) ,.filed September 16, 1976, published Ill.; Indianapolis, Ind.; Arlington and in the.-EDERAL REGISTER issue of October East Longmeadow, Mass., on the one Mayfield, Ky.; Detroit, Mich.; Kosciusko, hand, and, on the other, the facilities of 21, 1976 as MC 14265 (Sub-No. 1) and Miss; Greensboro and Spruce Pine, N.C.; republished in part, as corrected this Hartford Jai-Alai, Inc., located at Hart- Cleveland and Painesville, Ohio; Phila- ford, Conn. Issue. Applicant: NORTHWEST TRANS- delphia and Pittsburgh, Pa.; Memphis, PORTATION SERVICE, INC., North Tenn.; Clarksburg, W. Va., and Milwau- NoE.-If a hearing is deemed necessary, 7511 Freya Street, Spokane,'Wash. 99210. the applicant requests it be held at Spring- kee, Wis., under a continuing contract, or field, Mass. Applicant's representative: Irene Warr, contracts, with Super Glass Manufac- 430 Judge Building, Salt Lake City, Utah turing Company and Cambridge Glass No. MC 73133 (Sub-No. 7), fied Oc- 84111. The purpose of this jartial repub- Company. tober 27, 1976. Applicant: MAYFLOWER lication Is to correct applicant's docket COACH CORP., 16 Hall Avenue, East- was published incorrectly Nor.-If a hearing Is deemed necessary, number which the appllqant requests it be held at New cheser, N.Y. 10709. Applicant's represent- as MC 14265 (Sub-No. 1) in lieu of MC York, N.Y. ative: Larsh B. Mewhinney, 235 Mama- 142465 (Sub-No. 1). The rest of the pub- roneck Avenue, White Plains, N.Y. 10605, lication remains the same. No. MC 142619, filed October 22, 1976. Authority sought to operate as a common Applicant: DASH TRANSPORTATION, No. MC 142614, filed. October 29, 1976. carrier, by motor vehicle, over regular INC., 10 Sumac Avenue, Spotswood, N.J. routes, transporting: Passengers and Applicant: VAN REES TRUCKING, 08884. Applicant's representative: Leon- INC., Sully, Iowa 50251. Applicant's rep- their baggage in the same vehicle with ard A. Jaskiewicz, 1730 M St., NW., Suite passengers, between White Plains, N.Y. resentative: Larry D. Knox, 900 Hubbell No. 501, Washington, D.C. 20036. Author- Des Moines, Iowa 50309. Au- and New Jersey Sports Complex, East Building, ity sought to operate as a contract car- thority sought to operate as a contract Rutherford, N.J., serving the intermedi- rier, by motor vehicle, over irregular ate points of Greenburgh, N.Y. and carrier, by motor vehicle, over irregular routes, transporting: Steel and -alumi- routes, transporting: General commodi- Yonkers, N.Y.: From White Plains, N.Y. num tubing,from the plantsite and ware- over Main Street to junction Central ties (except in bulk), between points in houses of Tubesales, located at Carroll Iowa, Missouri, Kansas, Nebraska, Min- Avenue, thence over Central Avenue to Stream, Ill., to Los Angeles, Calif.; At- junction Central Park Avenue In Green- nesota, Wisconsin, Illinois, Indiana, Ohio, lanta, Ga.; Cranbury, N.J.; and points in Michigan, and ports of entry on the In- burgh, N.Y., thence over Central Park Colorado, Illinois, Indiana, Iowa, Kan- Avenue to junction Tuckaho Road, ternational Boundary line between the sas, Michigan, :Minnesota, Missouri, located at thence over Tuckahoe Road to junction United States and Canada, Montana, Nebraska, North Dakota, Ohio, Saw Mill River Road, thence over Saw points in Michigan, for furtherance into South Dakota, Wisconsin, and Wyoming, Mill River Road to junction Ashburton the Province of Ontario, Canada, under under a continuing contract, or con- Avenue, thence over Ashburton Avenue a continuing contract, or contracts, with tracts, with Tubesales, located at Cran- to junction Palisades Avenue, thence Dieomatic, Incorporated (a division of bury, N.J. '- over Palisades Avenue to and through Magna International Ltd)., Benco Mfg., I No.--If a hearing is deemed necessary, Getty Square, in Yonkers, N.Y., Inc. (a division of Mieomatic, -Incor- the applicant requests it be held at either thence over South Broadway to the New York; N.Y. or Washington, D.C. boundary line of the City of New porated), and Mid-Iowa Steel, Inc. No. MC 142620, filed October 21. 1976. York, N.Y., thence over Broadway In NoTE.-f a hearing is deemed' necessary, of New York, N.Y. to West the applicant requests It be held at either Applicant: BAY VIEW ORCHARDS CO- -the City Des Moines. Iowa or Omaha, Nebr. - OPERATIVE, INC., Box 13, Omena, 179thoStreet, thence over 179th Street

FEDERAL REGISTER, VOL 41-, NO. 233-TURSDAY, DECEMaER 2, 1976 NOTICES 52969

to the George Washington Bridge, over irregular routes. tranpartisu An original and two copies or protests thence over the George Washington Passengers and their baggage, in special against the granting of the requested Bridge to Bridge Plaza. thence over operations, in round-trip sghtseeing authority must be filed with the Commis- 'Bridge Plaza to Interstate Highway and pleasure tours, and in round-trip sion within 30 days after the date of this 80, thence over .interstate Highway charter operations, between ports of FzDrAL REzosrzn notice. Such protest 80 to junction Interstate Highway 95, entry on the International Boundary line shall comply with Special Rules 240 c, thence over Interstate Highway 95 to between the United States and Canada. or 2400d) of the Commission's Genera! New Jersey Sports Complex, East located at points in Idaho and Washing- Rules of Practice (49 CFR 1100.240* and Rutherford, N.J.; and on return, From ton, on the one hand, and. on the other, shall include a coneLse statement of pro- New Jersey Sports Complex, East points in Arizona, California, Idaho. testant's Interest In the proceeding. '1 Rurtherford, N.J., over Interstate Nevada, New Mexico, Oregon, Utah, and copy of the protest shall be served con- Highway 95, thence over Interstate Washington, restricted to traffic originat- currently upon applicant's representa- Highway 95 to junction of Interstate ing at or destined to Merritt or Princeton, tive, or applicant, if no representative is Highway 80, thence over Interstate in the Province of British Columbia, named. Highway 80 to George Washington Canada. No. MIC-F-13012. Authority sought Bridge Plaza, thence over Bridge for No.--The purpose of this republication purchaze by PACK TRANSPORT, INC.. Plaza to the George Washington is to clarify applicant's requested authority. Bridge to the junction of West 178th 3975 South 300 Wes, Salt Lake City, UT. If a hearing Is deemed necvcary, the appli- 4107, of a portion of the operating Street,- in the City of New York, cant requests It be held at either Bellin-ham rights N.Y., thence over West 178th Street to or Seattle. Wash. of COLORADO-WYOMING TRANSFER the junction of Broadway, thence over CO., INC., 3360 Blake, Denver, CO., Broadway to the boundary line of the No. MC 142497 (Sub-No. 1), filed No- 80205, and for acquisition by Gwyn D. City of Yonkers, N.Y., thence over South vember 8, 1976. Applicant: ATLANTIC Davidson, Irene S. Davidson, and Max D. CHARTER BUS SERVICE, INC., 1551 Eliason, all of 4245 Qulnette Lane, Salt Broadway to and through Getty Square Azalea in the City of Yonkers, N.Y, thence over Garden Road, Norfolk, Va. 23502. Lake City, UT., 84117, of control of such Palisades Avenue to the junction of Applicant's representative: Steven L. rights through the purchase. Appli- -Ashburton Avenue, thence over Ash- Weiman, 4 Professional Drive, Suite 145, cants' attorney: Truman A. Stockton, burton Avenue to junction of Saw Gaithersburg, Md. 20760. Authority Jr, The 1650 Grant St., Bldg., Denver M River Road, thence over Saw sought to operate as a common carrier, CO., 80203. Operating rights sought to Mill River Road to the junction of Tuck- by motor vehicle, over irregular routes, be transferred: Lumber, as a common ahce Road, thence over Tuckahoe Road transporting: Passengers and their bag- carrierover irregular routes from points to the junction of Central Park Avenue, gage in round trip charter operations, In Albany and Platte Counties, Wyo., to thence over Central Park Avenue to the beginning and ending at Chesapeake, points in Nebraska and Colorado, with junction of Central Avenue in Green- Hampton, Newport Newrs, Norfolk, Ports- no transportation for compensation on burgh, N.Y., thence over Central Avenue mouth, Suffolk, and Virginia Beach. Va., return except as otherwise authorized, to the junction of Hamilton Avenue, and points in Essex, Gloucester, Isle of Vendee is authorized to operate as a White Plains, N.Y., and thence over Wight, James City, Lancester, Matthews. common carrier in Arizona, Colorado. Hamilton Avenue to the White Plains lliddlesex, Northumberland, Richmond, Idaho, Iowa, Minnesota, Montana, Ne- Bus Terminal. Westmoreland, and York Countle3, Va., braska, Nevada, New Mexico, North and extending to points in the United Dakota, Oregon, South Dakota, Utah, Nors_-If a hearing is deemed necessary. eae appicant requests it be held at either States, including Alaska, but excluding Washington. and Wyoming. Application 'White Plains or New York, N.Y. Hawaii, and including ports of entry on has been filed for temporary authority the International Boundary line between under section 210a(b). No. hC 140394 (Sub-No. 1), filed Octo- the United States and Canada. Nor,--1C 123631 (Sub-No. 51 Ls a dt- ber 28, 1976. Applicant: H. E. & A. NA- Nov--Common control may be Involvcd. rectly related matter. TIONAL CORPORATION, doing business If a hearing is deemed nece=ar, the appli- as ROBERT S HAWAII-HOLIDAY cant request3 It be held at Norfolk or Hmarp- No. MC-F-13019. Authority sought for LINES, 359 East Front Street, Covina, ton. Va. control by ARROW CARRIER CORP- Calif. 91723. Applicant's representative: BnoxEa APPcicAzzo ORATION, 160 Route 17, Rochelle Park John Guandolo, 1000 Sixteenth Street, N.J., 07662, of WRIGHT TRUCKING, NW., Washington, D.C. 20036. Authority No. LTC 130421, filed October 23, 1976. I1C., 16 Main Street, Lowell, MA, 01353, sought to operate as a common carrer, Applicant: MARVIN BARON AND and for acquisition by Paul S. Doherty, by motor vehicle, over irregular routes, MARION BARON, doing businez3 as Paul S. Doherty, Jr., and Shirley A. SHOWCASE TOURS, a Partnership. 2 Doherty, all of 160 Route 17, Rochelle transporting: Passengersand their bag- East Mill Drive, Great Neck, N.Y. 11021. gage, in round trip charter operations, Park, N.J., 07662, of control of WRIGHT beginning and ending at points in Los Applicant"s representative: Marvin Bar- TRUCKING, INC, through the acquisi- Angeles and Orange Counties, Calif., and on (same address as applicant). Author- tion by Paul S. Doherty. Paul S. Doherty at Claremont, Hemet, Oceanside, On- ity sought to engage in operation, in Jr., and Shirley A. Doherty. Applicants' tario, San Clemente, Sun City, and Up- interstate or foreign commerce, as a attorneys: A. David M1iner, P.O. Box land, Calif., and extending to points in broker at Great Neck, N.Y., to sell or 1409, 167 Fairfield Road, Fairfield, N.J.. Arizona, Colorado, Idaho, Montana, offer to sell the transportation of Passen- 07006, and Francis E. Barrett, Jr., 10 Nevada, New Mexico, Oregon, South gers and their baggage, in groupz, by Industrial Park Road, Hingham, MA., Dakota, Utah, Washington and Wyo- motor carrier, between points In the 02043. Operating rights sought to be con- ming. United States (except Alas-ha and trolled: Yarn, Cloth, wool, rayon, molzir. Hawaii). empty containers, textile machinery anc Nor-If a hearing is deemed necessary. the applicant requests it be held at Los No.--If a hearing La deemed nccezary. Vart., electrical appliances and supplie, Angeles, Calif. the bippllcant requests it be held at :7'ew radiators,and burlap, as a common car- Mincola, N.Y. ncr over regular routes, between West- No. MC 141875 (Sub-No. 2), (Correc- Fn;AzcE APPLirTxzo:.s ford, Mass, and Philadelphia, Pa.; be- tion), filed August 19, 1976, published in tween Lowell. Mass. and Providence, the F mu Rcrs=a issue of October 7, isOTICa R.T; Service I. authorized to and from 1976, and republished as corrected this The following applications -eek ap- all intermediate points on the above-spe- issue. Applicant: CURRIE BUS LINES, proval to consolidate, purchase, merge. cifled routes, and the off-route points of LTD., a Corporation, P.O. Box 1300, Mer- lease operating rights and properties, or Barre, Boston, Orange, Indian Orchard, ritt, British Columbia, Canada VOK 2BO. North Weymouth, acquire control through ownership of Cambridge, Haverhill, Applicant's representative: Henry C. Watertown Lynn, Pittsfield, and West- Winters, 1100 IBM Building. Seattle, stock, of rail carriers or motor carriers field, Mass., Bound Brook. South River Wash. 98101. Authority sought to operate pursuant to Sections 5(2) or 210i'b) of and Ps1ic, N.J., Norristown, Pa., Pas- as a common carrier, by motor vehicle, the Interstate Commerce Act. coag, RI., Uncasville, Stafford Springs,

MEDERAL REGISTER, VOL 41,,NO. 233-THURSDAY, OCEMBER 2, 1976 52970 NOTICES

Manchester, Mystic, Shelton, and Keh- 309 to Wilkes-Barre, Pa., thence east to -74 (formerly Connecticut Highway 15) sington, Conn., points and places within Dingsman Ferry, Pa., including Dings- and 30, serving no intermediate points: ten miles of Philadelphia, and those man Ferry, and points and places on the between East Hartford, Conn., and within 16 miles of Westford, Mass. Gen- .indicated portions of the highways spec- Wethersfield, Conn,, serving no inter- eral commodities, with exceptions from 'ified. General commodities, with excep- mediate points: General commodities Philadelphia, Pa., to Lower, Mass. Serv- tions from Lowell, Mass., to Philadel- with exceptions serving Merrimack, N.H., ice is authorized to all intermediate phia, Pa., serving the intermediate and as an off-route point in connection with points between Lowell,' Mass., and off-route points of Trenton, N.J., and carrier's authorized regular route opera- Bridgeport, Conn., including Bridgeport, South Chelmsford and Forge Village, tions to and from Lowell, Mazs., with and to those off-route points in Massa- Mass., between Lowell, Mass., and restrictions. Cotton and woolen piece chusetts within 25 miles of Lowell re- Newark, N.J., serving (1) all intermedi- goods, as a common carrier over irregu- stricted to delivery only; and from off- ate points in Massachusetts; (2) inter- lar routes, from Lawrence, Mass,, to route points within ten miles of Philadel- mediate points in Rhode Island within Bridgeport, and South Norwalk, Conn., phia, restricted, to pick-up, only. Yarn, 10 miles of Providence, R.I.; (3) the in- with no transportation for compensation from Westford, Mass., to Amsterdam and termediate point of'Providence, R.I.; (4) on return except as otherwise author- Clark Mills, N.Y., Grain and feed, from the off-r6ute points of Paterson, and ized:-general commodities, with excep- Philadelphia, Pa., to Providence, R.I., Bloomfield, N.J., and Middleboro, Mass.; tions, between New York, N.Y., and Holliston, Walpole, Scuthbridge and (5) off-route points located (A) in Mas- points in Bergen, Essex, Hudson, and Framingham, Mass.,' and points and sachusetts (1) within 25 miles of Lowell, Passaic Counties, N.J., on the one hand, places in Connecticut. Mopsticks, from and Boston, Mass., and (2) within 10 and, on the other, points In Massacliu- Irvington, N.J., to Providence, R.I., and miles of Providence, R.I., and (13) in setts on and east of a line beginning at points and places, in Connecticut and Rhode Island within 10 miles of Provi- the Vermont-Massachusetts State line ,Massachusetts. Wool softener, oil in con- dence, RI.; and (6) intermediate and and extending along U.S. Highway 5 to tainers, and trunks, from Nutley, Ba- off-route points in New York and New junction unnumbered highway (for- yonne, Jersey City, and Newark, N.J., to Jersey within 10 miles of the New York, merly portion U.S. Highway 5), thence Lowell, Mass., and points and places in N.Y., Commercial Zone, as defined by the along unnumbered highway through Massachusetts within 25 miles of Lowell, Commission in 1 M.C.C. 665, Including South Deerfield, Mass., to junction U.S, ,paper, from Groton and Lawrence, Mass., points in said commercial zone, between highway 5, thence along U.S. Highway 5 to Mystic and Kensington, Conn., and Lowell, Mass., and Taunton, Mass. serv- to the Massachusetts-Connecticut State Philadelphia, Pa. spraying materials, ing all intermediate points, the off-route line, Providence, R.I., and points in from Camden, N.J., to Middlefield, Storrs point of Middleboro, Mass. and off-route Rhode Island within 15 miles of Provi- and Quinebaugh, Conn., and points and points (1) in Massachusetts within 25 dence, R.I., textile mill products, between places in Middlesex County, Mass., miles of Lowell and Boston, Mass., and points in New Hampshire within one mile apples, from Barre and Westford, Mass., (2) within 10 miles of Providence, R.I., of junction U.S. Highway 3 and the and points and places in Massachusetts between West Brookfield, Mass., and Massachusetts-New Hampshire State within 15 miles of Westford, to Bridge- Palmer, Mass., serving all intermediate line, on the one hand, and, on the other, port, Conn., and New York, N.Y. points: New York, N.Y., and points in Bergen, Liquid petroleum products, in truck- Between Boston, Mass., and Auburn, Essex, Hudson, and Passaic Counties, load lots, from Petrolia, Pa., to Lbwell, Mass., serving all intermediate points, N.J. Vendee is authorized to operate as Lynn, Malden, and Chelsea, Mass., re- and off-route points in Massachusetts a common carrierin Connecticut, Dela- turn, with no transportation for -com- within 25 miles of Lowell and Boston, ware, Massachusetts, New Hampshire, pensation except as otherwise author- Mass.; between Boston, Mass., and New Jersey, New York, Pennsylvania, ized, to the above-specified origin points, Worcester, Mass., serving all intermedi- Rhode Island, and Vermont. Application machinery, between Westford, Mass., ate points, and off-route points in Mas- has been filed for temporary authority and points and places in Massachusetts sachisetts within 25 miles of Lowell and under section 210a(b). within 35 miles of Westford, on the one Boston, Mass.: between Littleton, Mass., hand, and, on the other, points and and Worcester, Mass., serving all inter- No. MC-F-13022. Authority sought for places in Connecticut, New Jersey, Rhode purchase by ONEIDA MOTOR mediate points, and off-route points in FREIGHT, INC., Commercial Avenue, Island, Massachusetts, New Hampshire, Massachusetts within 25 miles of Lowell those in New York on and east of New and Boston, Mass.: between Clinton, Carlstadt, N.J., 07072, of a portion of York Highway 14, and those in Penn- Mass., and Worcester, Mass., serving all the operating rights of EASTERN sylvania east of the Susquehanna River, intermediate points, and off-route points FREIGHT WAYS, INC., Sidney B. Gluck, used textile machinery, between points in Massachusetts within 25 miles of Trustee in Bankruptcy, c/o Edgar H. and places in Connecticut, Massachu- Lowell and Boston, Mass.: between Clin- Booth, Esquire, 405 Park Ave., N.Y., N.Y., setts, New Hampshire, and Rhode Is- ton, Mass., and Worcester, Mass., serv- 10022, and for acquisition by Donald T. land; and between points and places in ing all intermediate points, and off-route Singleton, 27 Lancaster Road, Tenafly, Connecticut, Massachusetts, Rhode Is- points in Massachusetts within 25 miles N.J., of control of such rights through land, and that part of New Hampshire of Lowell and Boston, Mass.: between the purchase. Applicants' attorneys: south of a line beginning at Portsmouth, Indian Orchard, Mass., and Long- William Biederman, Southgate Tower N.H., and extending northwest through meadow, Mass., serving all intermediate 371 7th Avenue, New York City, N.Y., Concord and Claremont, N.H., to the points: Leather and leather products, 10001, -and William W. Becker, 1819 H Connecticit River on the other, points rubber and rubber products, alcoholic Street, N.W., Suite 050, Washington, and places in New Jersey on and north beverages, radios, radio parts, woolen D.C., 20006. Operating rights sought to of New Jersey Highway 40, those in New and cotton piece goods, and webbing, be- be transferred: GeneraZ commodities, Jersey, south of New Jersey Highway 40, tween New York, N.Y., and Wilmington, with exceptions 'as a common carrier within ten miles of Camden, N.J., those Del., serving the intermediate point of over regular routes between North Ben- in New York on and east of New York Philadelphia, Pa., and with service over nington, Vt., and Albany, N.Y., serving Highway 14 and south of a line begin- this route restricted to the transporta- the intermediate point of Bennington, ning at the New York-Vermont State tion of shipments of said commodities Vt., and-intermediate and off-route line and extending west through Gran- moving between points authorized to be points in New Y6rk within 25 miles of ville, N.Y., to Oswego, N.Y., including served in Massachusetts and Rhode Is- Albany, N.Y.; between New York, N.Y,, Granville and Oswego, and those in land over the regular routes specified on the one hand, and, on the other, Buf- Pennsylvania east and south of a line herein above, on the one hand, and, on falo, N.Y., the intermediate points of beginning at Pennsylvania-Maryland the other, Philadelphia, Pa., and Wil- Albany, Amsterdam, Fonda, Rochester, State line and extending along U.S. mington, Del.: Alternate Routes for Op- St. Johnsville, Schenectady, Scotia, Sy- Highway 111 to York, Pa., thence along erating Convenience Only: General racuse and Utica, N.Y., and the off- U.S. Highway 30 to Lancaster, Pa., commodities, with exceptions, between route points of Canajoharle, Fort Plain, thence along U.S. Highway 222 to Allen- junction Connecticut Highways 15 and :ltonvllle, Gloversville, and Johnstown, town, Pa., thence along U.S. Highway 20, and Junction Connecticut Highways N.Y.; between Albany, N.Y., on the one

FEDERALt REGISTER, VOL. 41,' NO. 233-THURSDAY,, DECEMBER 2, 1976 NOTICES 52971 hand, and, on the other Rochester, N.Y.. for temporary authority under section of Wililmanset Easthampton, Millers the intermediate point of. St. Johnsville, 210a(b). Falls, and Turners Falls, MA. N.Y., and the off-route point of Johns- Nor-ApplIcant Intends to file a gate- Serving Springfield. MA., for purposes town, N.Y.; between Waterford, N.Y., vway elimination application that will be di- of joinder only; between Hartford, Ct and the intermediate point of Cohoes, rectly related to this proceading. and Boston, MA., as an alternate route N.Y., on the one hand, and, on the other, for operating convenience only, serving New York, N.Y.; from Niagara Falls No. MC-F-13023, authority sought for no intermediate points; restriction: the N.Y., and the off-route point of Solvay purchase by TRANSCON LINES, 101 authority granted in the two routes next (Onondaga County), N.Y., to New York, Continental Boulevard, El Sequndo, above shall not be severable, for the pur- N.Y.; from New York, N.Y., to Bingham- CA. 90245, of a portion of the operating poze of sale or otherwise, from other au- ton, N.Y., serving no intermediate points; rights of NATIONAL TRANSPORTA- thority held by carrier heralnk batween general commodities, with exceptions, as TION COMPANY, d.b.a. NATIONAL Boston, Ma and Framingham, MA., serv- a common carrier over irregular routes -TRANSPORT 101, Sidney B. Gluck, ing the intermediate and off-route points between Bennington, and North Ben- Trustee in Bankruptcy. c/o Edgar H. of Cambridge, Natick, and Wellesley, nindton, Vt., on the one hand, and, on the Booth, 405 Park Avenue, New York, NY MA; between New London, Ct and other, Albany. N.Y., and points in New 10022, and control of such rights through Providence. RI., serving the intermedi- York within 25 nnlesTof Albany; between the purchase. Applicants" attorneys: ate and off-route points of QuaTer Hill, New York, N.Y., Newark, N.J., and points Wentworth E. Griffin, 1221 Baltimore Uncasville, Norwich, Greenville, Jewett in New Jersey within 15 miles of Newark, Avenue, Kansas City, MO., 4105, and City, Plainfileld, Central Village, Water- on the one hand, and, on the other, William W. Becker, Suite 950. 1819 H field, Iontville, Oakdale, Norvichtown, points in Rensselaer, and Albany Coun- Street, N.W., Washington, D.C., 2000G. Yantlc, Gilman, Fitchville, Taftville, ties, N.Y.; between. Athens, and Sayre, Operating rights sought to be transfer- Oacum, Baltic, Hanover. Versaill"s Pa., on the one hand, and. on the other, red: General commodities, with excep- Moosup, and Waure-an, Ct., and Paw- points in New York; between Water- tions as a common carrier over reau•ar tuchet, Central Fall-, and Waverly, RI; town, N.Y., on the one hand, and, on and irregular routes. (A) Regular between New London, CT and Providence the other, points within five miles of Routes: between New Haven, CT., and RI., serving the intermediate and off- Messena, N.Y.; between. Niagara Falls, Hartford, Ct., serving the intermediate route points of Glasgo, Vountown. Ster- N.Y., on the one hand, and, on the other, and ott-route points of CollinsvUlle, Dur- lin, GaWes Ferry, Oneco, Preston, Led- points in Niagara. Erie, and Orleans ham, -Middletown, New Britain, Rock- yard, and Poquetanuck, Ct. and Green, ville and Rocky Hill, Ct., and Wcstfield. Summit, Counties, N.Y. MA., between Stratford, CT. and Tor- Coventry, Fk-svill%, Phenix, Between Buffalo, N.Y., on the one Natick, River Point, Artic, Center ie, rington, CT., serving all Intermediate Anthony. Washington, Pine Hill, Clay- hand, and, on the other, points in Erie, points, and the off-route points of Ban- Genesee, Niagara, and Wyoming Coun- ville, Thornton, and Liberty, RI; between tam, Bristol, Litchfleld, Oakvlle, Ply- New London, CT and Providence, RI. ties, N.Y.; between Batavia, N.Y., on the mouth, TerryvilIe, Watertown and Win- one hand, and, on the other, points in sted, Ct., between New Haven, Ct., and serving the intermediate and off-route (lenesee, and Monroe Counties, N.Y.; be- points of Pawatuck, Stonington, Mystie, Wilimantic, Ct., serving all intermediate West Mysic, tween Rochester, N.Y., on the one hand, points except those on U.S. Highway 5 Poquonock Bridge, Groton, and, on the other, points in Monroe, North Stonington and Noank, Ct. and between Hartford and New Haven, CT.. Westerly, Dunn's Comer. Wakefield, Genesee, Livingston, Orleans, Ontario, serving Meriden, CT. for purposes of Seneca, Wayne, and Wyoming Counties, Hamilton, East Greenwich, Apponaug. joinder only, and the off-route points of Hills Grove, East Providence, LaFayetti, N.Y.; between Auburn, N.Y., on the one Baltic, Groton, Jewett City, Lebanon, hand, and, on the other, points in Cayu- Exeter, Kenyons, Bradford, Shannock, Mansfield, Montvllle, Mystle, Nantlc, Watch Hill, West Warwick. Arcadia. ga, Onodaga, and Seneca Counties, N.Y.; North Btanford, Stafford Springs, Taft- between Syracuse, N.Y. on the one hand, Carolina, Wood River Junction, Alton. vile, Windham, North Windham, Daniel- Ashway, Wlte Rock, and PotterHill, RI, and, on the other, points in Onondaga, son, East Hampton, Essex, Kensington, Cayuga, Cortland, Madison, Oswego, (B) Irregular routes: betreen Voorhees- Norwichton, Oneco, Ponfret, Putnam, vile, NY., on the one hand, Seneca, Tompkins, and Wayne Counties, and Stonington, CT; between Bridge- and, on the N.Y.; between Utica, N.Y., on the one other Albany and Rensselaer, NY; be- port, CT. and New Milford, CT., serving tween Boston, Brookline, Newton, hand, and, on the other, points in the intermediate and off-route points of Need- Oneida, Madison, and Montgomery ham, Wellesley and Dover, MA; between Branchville, Brookvield, Cannondale, Boston, Framingham and Springfield. Counties, N.Y., and points in Herkimer Danbury, Georgetown, Long Hill. New- County, N.Y., south of Adirondack town, Stepney Deport, Wilton, Bethel, MA, on the one hand, and, on the other. Mountains Preserve; between Amster- points in Massachusetts on and east of Botaford, Bridgewater, Brookfleld Cen- U.S. Highway 5 and west dam, NY., on the one hand, and, on the ter, Easton, Hawleyville, New Canaan. of the Cape Cod other points in Schenectady County, Redding, Ridgefield, Sandy Hook, South- Canal. Vendee Is authorized to operate N.Y., and poits in Fulton, and Herkimer as a common carrierin Alabama, Arizo- bury, Weston, Woodbury, Canaan, Morris na, Arkansas, California, Colorado, Counties, N.Y., south of Adirondack and Roxbury. Ct., serving Norwalk, Ct., Con- Mountains Preserve; between Bingham- necticut, Delaware, District of Columbia, for purposes of joinder only; between Georgia, Idaho, Illinois, Indiana, Iowa. ton, N.Y, on the one hand, and, on the Waterbury, CT and Albany, N.Y., serv- Kansas.Kentucky, Louisiana, Maryland. other, points in Broome County, N.Y.; being the intermediate points of Waterville, tween Rensselaer, N.Y., on the one hand, Ma s sachusetts, Michigan, Missssippi. Thomaston, Torrington Norfolk and Mizsourl, Montana, Nebraska, Nevada, and, on the other, points in Rensselaer. Canaan, CT. Great Garrington, tA. and Albany, Montgomery, Saratoga, and New Jersey, New Mexico, New York, Chatham, Schodack Center and Rens- North Carolina, Ohio, Oklhoma, Ore;on, Schenectady Counties, N.Y.; from New selaer, NY, and the off-route points of York, N.Y., to Binghamton, Buffalo, Ful- Pennslyvanla, South Dakota, South Menands, Troy, Watervliet, Green Is- Carolina, Tennessee. Texas, Utah, Vir- ton, Rochester, Syracuse, and Waverly, land, Cohoes, Waterford, Kinderhook N.Y.; from Buffalo, Lockport, Syracuse, ginia, Washington, West Virginia, Wis- and Castleton, NY, and Houstanole and consin, and Wyoming. Application has Solvay, and Phoenix, N.Y., to New York, West Stockridge. MA. and Oakvlle, N.Y.; from Buffalo, N.Y., to Tarrytown, been filed for temporary authority under Watertown, New Hartford, Winsted, section N.Y.; between points in New York ex- Colebrook, Kent, Cornwall, Terryville, 210afb). cept points in New York, N.Y., and Nas- and Plymouth, CT., between Greenfleld, lNo.-Appllcant doez intend to join its regular route authority with the irreguIar sau and Suffolk Counties, N.Y, on the MA and Boston, AM, serving all inter- one hand, and, on the other, points in route authority sought to be acquired here- New Jersey. Vendee is authorized to op- mediate points; between Hartford, CT in. Tbi application Is directly related to an and Greenfield, IA., serving the inter- application iled by Carranos X-presa, In.. erate as a common carrierin New York, for authority to acquire a portion of the,op- New Jersey, Connecticut, Pennsylvania, mediate points of Northampton and erating right= of National Transport 201 in and Vermont. Application has been filed Deerfield, MA., and the off-route pIonts WC-F-13024.

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, OECEMBElt 2, 1976 52972 NOTICES

No. MC-F-13024. Authority sought for fined by the Commission, commodities to Martin, Tenn., thence over U.S. High- purchase by CARRANO'S EXPRESS, in bulk commodities requiring special way 45E to South Fulton, Tenn., and INCORPORATED, Route 17, Northford, equipment, and those injurious or con- return over the same route; (3) Between Connecticut 06472, of a portion of the taminating to other lading, as a com- South Fulton, Tenn. and Troy, Tenn, operating rights of NATIONAL TRANS- mon carrier over irregular routes be- serving all Intermediate points: From PORTATION COMPANY, d.b.a. NA- tween Philadelphia, Norristown, College- South Fulton, Tenn. over U.S. Highway TIONAL TRANSPORT 101, Sidney B. vile, _Graterford, Schwenkville, Boyer- 51 to Troy, Tenn., and return over the Gluck, Trustee in Bankruptcy, c/o Edgar town, Pottstown, Royersford, Spring same route; (4) Between Troy, Tenn. and H. Booth, 405 Park Avenue, New York, City, and Phoenixville, Pa. Vendee Is Au- Tiptonville, Tenn., serving all Inter- N.Y. 10022, and control of such rights thorized to operate as a common carrier mediate points: From Troy, Tenn. over through the purchase. Applicant's at- in Connecticut, Delaware, the District of Tennessee Highway 21 to Tlptonville, torneys: Thomas W. Murrett, 342 North Columbia, Maryland, Massachusetts,, Tenn., and return over the same route; Main Street, West Hartford, CT. 06117, New Jersey, New York, Ohio, Pennsyl- (5) Between Tiptonvlle, Tenn. and Wentworth E. Griffin, 1221 Baltimore vania, Rhode Island,- and Virginia. Ap- Dyersburg, Tenn., serving all intermedi- Avenue, Kansas City, MO. 64105, and plication has been filed for temporary ate points: From Tiptonvllle, Tenn. over William W. Becker, Suite 950, 1819 H authority under section 210atb). Tennessee Highway 78 to Dyersburg, Street, NW., Washington, D.C. 20006. NoT.--MC-1824 (Sub-No. 72) Is a directly Tenn., and return over the same route; Operating rights sought to be trans- related matter. (6) Between Dyersburg, Tenn. and ferred: General commodities, with ex- Brownsville, Tenn., serving all Inter- ceptions, as a common carrierover regu- OPERATING RIGHTS APPLICATION(s) DI- mediate points: From Dyersburg, Tenn. lar routes- between Perth Amboy, New RECTLY RELATED To FINANCE PROCEItD- over U.S. Highway 51 to the junction of Jersey and Hartford, Connecticut serv- INGS Tennessee Highway 20, thence over Ten- ing all intermediate points and the off- The following operating rights appli- nessee Highway 20 to the junction of route points of Freeport, Rockville Cen- cation(s) are filed in connection with Tennessee Highway 54, thence over Ten- ter, Hempstead, Glen Cove, and White pending Inance applications under Sec- nessee Highway 54 to Brownsville, Tenn., Plains, New York; Thompsonville and tion 5(2) of the Interstate Commerce and return over the same route, re- Windsor, Connecticut; and Chicopee, Act, or seek tacking and/or gateway stricted against traffic originating at or Chicopee Falls, Holyoke, Longmeadow elimination in connection with transfer destined to Brownsville, Tenn.; (7) Be- and Springfield, Massachusetts; Mata-. applications under Section 212(b) of the tween the junction of Tennessee High- wan, New Jersey, and points in Bergen, Interstate Commerce Act. .way 54 and Tennessee Highway 20 and Essex, Hudson and Union Counties, New An original and two copies of protests Bells, Tenn., serving all intermediate Jersey, those in Passaic County, New to the granting of the authorities must points: From the junction of Tenneee Jersey south and east of Pompton Lakes, be filed with .the Commission within 30 Highway 54 and Tennessee Highway 20 those in Middlesex County, New Jersey days after the date of this FEDERAL over Tennessee Highway 20 to Bells, on and east of New Jersey Highway S- REGISTER notice. Such protests shall com- Tenn., and return over the same route, 28, and those in the New York, New York ply with Special Rule 247(d) of the restricted against traffic originating at commercial zone, as defined by the Com- Commission's General Rules o Practice or destined to Bells, Tenn,; (8) Between mission in 1 M.C.C. 665; from Perth Am- (49 CFR 1100.247) and include a concise Dyersburg, Tenn. and Troy, Tenm., boy over unnumbered highway to junc- statement of protestan~s interest in the serving all intermediate points: From tion U.S. Highway 9, thence over U.S. proceeding and copies of its conflicting Dyersburg over U.S. Highway 51 to Troy, Highway 9 to Newark, New Jersey, authorities. Verified statements in op- and return over the same route. thence over U.S. Highway 1 to New Ha- position should not be tendered at this (9) Between Dyersburg, Tem. and ven, Connecticut and thence over U.S. time. A copy of the irotest shall be served Milan, Tenn., serving all Intermediate Highway 5 to Hartford, and return over concurrently upon applicant's repre- points: From Dyersburg over TenneoCe the same route. Vendee is authorized to sentative, or applicant if no representa- Highway 104 to its junction with Tennes- operate as a common carrier ii Connec- tive is named. see Highway 77, thence over Tennessee ticut. Application has been filed for tem- Each applicant states that there will be Highway 104 (also Tennessee Highway porary authority under section 210a(b). no significant effect on the quality of 77) to Milan, and return over the same route; (10) Between Trenton, Tenn,, and No.--Applicant -does -intend to join its the human environment resulting from approval of its application. Union City, Tenn., serving all intermedi- Irregular route authority with the regular ate points: From Trenton over U.S. route authority sought to be acquired here- No. MC 96961 (Sub-No. 3), filed In. This application Is directly related to Highway 45W to Union City, and return MC-P-13023. October 29, 1976. Applicant: WEST TEN- over the same route; (11) Between New- NESSEE MOTOR EXPRESS, INC., Fay- bern, Tenn. and Dyer, Tenn., serving No. MC-F-13025. Authority sought for dur Court, Nashville, Tenn. 37210. Appli- all intermediate points: From Newborn purchase by PRESTON' TRUCKING cant's representative: Don R. Binkley, over Tennessee Highway 77 to Dyer, and COMPANY, INC., 151 Easton Boulevard, 500 Court Square Building, Nashville, return over the same route; (12) Be- Preston, Maryland, 21655, of a portion of Tenn. 37201. Authority sought to operate tween Milan, Tenn. and Martin, Tenn., the operating rights of Century, Ltd., as a common carrier, by motor vehicle, serving all Intermediate points; From and Operator of Lansdale Transporta- over regular routes, transporting: Gen- Milan over U.S. Highway 45E to Martin, tion Co., Inc. and First Pennsylvania eral commodities (except commodities in and return over the same route; (13) Be- Bank, N.A. Holder of Power-of Attorney bulk, household goods and commodities tween Trenton, Tenn. and Bradford, of Lansdale Transportation Co., Inc., which because of size and weight require Tenn., serving all intermediate points: d.b.a. Century Express, Ltd.,Operator of special equipment), (1) Between Nash- From Trenton over Tennessee Highway Lansdale Transportation Co., Inc., 300 ville, Tenn., and-Humboldt, Tenn., serv- 54 to Bradford, and return over the same South Centre Street, Pottsville, PA ing Bruceton, Tenn., and all intermediate route; (14) Between Greenfleld, Tenn. 17901, and for acquisition by A. T. points between Bruceton and Humboldt: and McKenzie, Tenn., serving all inter- Blades, 151 Easton Boulevard, Preston, From Nashville, Tenn., over U.S. High- mediate points: From Greenfield over MD 21655, of control of such rights way 70 to Huntingdon, Tenn., thence Tennessee Highway 124 to McKenzie, and through the purchase. Applicants' attor- over alternate U.S. Highway 70 to At- return over the same route; (15) Between ney and representative: Thomas M. Au- wood, Tenn., thence over U.S. Highway McKenzie, Tenn. and Atwood, Tenn., chincloss, Jr., 918 16th Street, NW., No. 79 to Humboldt, and return over the same serving all intermediate points: From 700, Washington, DC 20006, and Joseph route, restrifted against the transporta- McKenzie over U.S. Highway 79 to At- Hoary, 121 South Main Street, Taylor, tion of traffic originating at or destined wood, and return over the same route; PA 18517. Operating rights sought to be to Humboldt: (2) Between Huntingdon, chanan, Tenn., serving all Intermediate transferred: General commodities, ex- Tenn. dfid South Fulton, Tenn., serving points: From Camden over Tennessee cept those of unusual value, classes, A all intermediate points; From Hunting- Highway 69 to Paris, thence over U.S, and B explosives, household goods as de- don, Tenn. over Tennessee Highway 22 -nE[ puu "u;),I, 'uopmuD uooM'oH (9T)

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 NOTICES 52973

Highway .641 to Puryear, thence over over U.S. Highway 127 to Jamestown, No. MC 263 (Deviation No. 22), GAR- Tennessee Highway .140 to Buchanan, Ky., thence over access and state high- RETT FREIGHTLINES, INC, P.O. Box and return over the same route; (17). ways to Wolf Creek Dn Site and re- 4048, Pocatello, Idaho 83201, flied No- Between. Paris, Tenn. and Dresden, turn over the same route; (4) Between vember 5, 1976. Carrier proposes to op- Tenn, serving all intermediate points: the junction of U.S. Highway 27 wIth erate cs a common carrier by motor From Paris over Tennessee, Highway 54 Kentucky Highway 90 near Burnside, Ky. vehicle, of general commodities, witr to Dresden, and return over the -same and Strunk, Ky., serving all intermediate certain exceptions, over a deviation route route. (18) Between Paris, Tenn. and points: From the junction of U.S. High- as follows: From Reno, Nev., over U.S. McKenzie, Tenn., serving all intermedi- way 27 with Kentucky Highway 90 over Highway 395 to Pendleton, Oreg., thence ate points: From Paris over U.S. High- U.S. Highway 27 to Strunk, Ky. and re- over Oregon Highway 11 to the Oregon- way 79to McKenzie, and return over the turn over the same route; and 450,Be- Washington border, thence over Wash- same route. (19) BetNeen Trenton, Tenn. tween Pine Knot, Ky. and Parkers Lake ington Highway 125 to junction U.S. and Alamo, Tenn., servii*k All intermedi- Ky., serving all Intermediate points: Highway 12, thence over U.S. Highway ate points: From Trenton over Tennessee From Pine Knot, Ky. over Kentucky 12 to Walla Walla, Wash., and return Highway 54 to Alamo, and return over Highway 9-4 to Williamsburg, Ky., thence over the same route for operating con- the same route. Alternate Routes: (20) over U.S. Highway 25W to Jellco, Ky., venience only. The notice indicates that Between Nashville, Tenn., and the junc- thence return over U.S. Highway 25W to the carrier is presently authorized to tion of Interstate Highway 40 and Ten- its jufiction with Kentucky Highway 90 transport the same commodities over a nessee Highway 20, serving authorized near Clio, Ky., thence over Kentucky pertinent serice route as follows: From points as off route points for purposes of Highway 90 to Parkers Lake, Ky. and re- Reno, Nev., over U.S. Highway 440 to joinder only: From Nashville over Inter- turn over the same route. Winnemucca, Nev., thence over U.S. state Highway 40 to its junction with Norr.-The purpo:e or this republication Highway 95 to Burns Junction, Oreg., Tennessee Highway 20, and return over Is to correct docket number MC 98770 Sub- thence over Oregon Highway 78 to the same route, as an alternate route for No. 5 in lieu of LTC 98760 Sub-No. 5. Appll- Burns, Oreg., thence over U.S. Highway operating convenience only. (21) Be- cant seeks to convert a Certificate or Rc3i- 395 to Pendleton, Oreg., thence over tween Humboldt, Tenn. and Bells, Tenn.: tration to a Certificate of Public Convenience Oregon Highway 11 to the Oregon- and Necessity. This Is a matter directly re- From Humboldt, Tenn. over U.S. High- Washington border, thence over Wash- way Alternate 70 to Bells, and return lated to a Section 5(2) finance proceeding in MC-F-12990, published in tho ington Highway 125 to junction U.S. over the same route, as an alternate FOCSAL R1GXSTrR lasue of October 21, 1070. If a bear- Highway 12, thence over U.S. Highway route for operating convenience only. ing LI deemed necezzary. the applicant re- 12 to Walla Walla, Wash., and return Note: The purpose of the filing is to con- quest, It be held at Lexington or Louisville, over the same route. vert applicant's Certificate of Public Ky. - Convenience and Necessity., This No. MIC 33641 (Deviation No: 119), matter Motor is directly related to a Section 5(2) fi- CAnnrEa ALTERnATE RouTE MIL FREIGHT, INC, 2175 So. 3270 nance proceeding No. MC-F-13011, pub- - DEVIATIONS West, P.O. Box 30277, Salt Lake City, lished in the FDERAL REGISTEh issue of The following letter-notices to operate Utah 84125, filed November 5, 1976. Car- November 18, 1976. over deviation routes for operating con- rier proposes to operateas a common carrier, by NoTE.-Common control may be Involved. venience only have been filed with the motor vehicle, of general If a hearing is deemed necessary, the appli- Commission under the Deviation Rules, commodities, with certain exceptions, cant requests it be herd at Nashville, Tenn. Motor Carrier of Property (49 CIR over a deviation route as follows: From jumction U.S. Highway 91 and U.S. No. MC 98776 (Sub-No. 5) (Correc- 1042.4(c) (11)). Protests against the use of any pro- Highway 93 over U.S. Highway 93 to tion), filed October 6i 1976, published in junction U.S. Highway posed deviation route herein described 30 near-Filer, the FEDERAL REGISTER issue as MC 98766 Idaho, and return over the same route Sub 5, republished as corrected this issue. may be filed with the Commission in the manner and form provided in such rules for operating convenience only. The no- Applicant: BARNETT ELDRIDGE, do- tice indicates that the carrier is presently ing business as ELDRIDGE TRUCK at any time, but will not operate to stay commencement of the proposed opera- authorized to transport the same com- LINE, N. Highway 27, P.O. Box 659, modities over a pertinent service route Somerset, Ky. 42501. ApplicnVs repre- tions unless filed within 30 days from the date of this FEDERmL REGTER notice. as follows: From junction U.S. Highway sentative: Robert M. Pearce, P.O. Box 93 and U.S. Highwmy 91 over U.S. High- 1111, Bowling Green, Ky. 42101. Au- Each applicant states that there will be no significant effect on the quality of way 91 to Brigham City, Utah, thence thority sought to operate as a com- over U.S. Hi hway 30S to Burley, Idaho, mon carrier, by motor vehicle, over the human environment resulting from approval of its request. thence over U.S. Highway 30 to junction regular routes, transporting: General U.S. Highway 93 near Filer, Idaho, and commodities (except those of unusual MOTOR CARRIERS OF PRopErTy return over the same route. value, Classes A and B explosives, household goods as defined by the Commission, No. IC 263 (Deviation No. 21), GAR- No. MC 109533 (Deviation No. 13), commodities in bulk and those requiring RETT FREIGHTLINES, INC., P.O. Box OVERNITE TRANSPORTATION COM- special equipment), (1) Between Lexing- 4048, Pocatello, Idaho 83201, filed No- PANY, P.O. Box 1216, Richmond, Va. ton, Ky. and Morehead, Ky., serving no vember 3, 1976. Carrier proposes to op- 23209,1fled November 16, 1976. Carrier inteimediate points, and serving More- eratb as a common carrier, by motor proposes to operate as a common carrier, -head, Ky. for purposes of joinder only: vehicle, of general commodities, over a by motor vehicle, of general commodities, From -Lexington, Ky. 'over US. Highway deviation route as follows: From Logan, with certain exceptions, over a deviation 60 to Morehead, Ky. and return over -Utah, over U.S. Highway 89 to Garden route as follows: From Suffolk, Va., over the same route; (2) Between Lexington, City, Utah. and return-over the same U.S. Highway 460 to junction Interstate Ky. and Albany, Ky., serving all inter- route for operating convenience only. Highway 95 near Petersburg, Va., thence mediate points between Lekington, Ky. The notice indicates that the carrier is over Interstate Highway 95 to junction and Monticello, Ky.: From Lexington, presently authorized to transport the U.S. Highway 1 near Washington, D.C. Ky. over U-:S. Highway 27 to its junction same commodities, over a pertinent serv- thence over U.S. Highway 1 to junction with Kentucky Highway 90, near Burn- ice route as follows: From Logan, Utah, Maryland Highway 198, thence over side, Ky., thence over Kentucky Highway over U.S. Highway 91 to Preston, Idaho, Maryland Highway 193 to Laurel, Md, .90 to its junction with U.S. Highway 127 thence over Idaho Highway 86 to Day- and return over the same route for oper- north of Albany, Ky., thence over U.S. ton, Idaho, thence over Idaho Highway ating convenience only. The notice indi- Highway 127 to Albany, Ky., and return. 35 to junctioA U.S. Highway 91, thence cates that the carrier is presently author- over the same route; (3) Between Lex- over U.S. Highway 91 to Junction U.S. ized to transport the same commodities Highway 30, thence over U.S. Highway over a pertinent service route as follow§: ington, Ky. andthe Bite of Wolf Creek 30 to Montpelier, Idaho, thence over U.S. From Suffolk, Va., over U.S. Highway Dam, near Jamestown, _Ky., serving All Highway 89 -to Garden City, Utah, and 58 to Franklin, Va., thence over U.S. intermediate points: From Albany, Ky., return over the same route. Highway 258 to Murfreesboro, N.C.,

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 52974 NOTICES thence over U.S. Highway 158 to Norlina, to Interchange No. 33 of the Northeast California Docket No. A 56706 (Partial N.C., thence over U.S. Highway 1 to Rich- Extension of the Penisylvania Turnpike, correction), filed October 6, 1976, pub- mond, Va., thence over Interstate High- and (3) From -junction Pennsylvania lished In the FEDERAL REGISTER iSSUe of way 95 to Washington, D.C.,.th-ence over Highway 611 and Interchange No. 27 of November 4, 1976, and republished as U.S. Highway 1 to Laurel, Md., and re- the Pennsylvania Turnpike, over the corrected this issue. Applicant: DITTO turn over the same route. Pennsylvania Turnpike to junction FREIGHT LINES, 1575 Industrial Ave- MOTOR CARRIER. ALTERNATE ROUTE Pennsylvania Turnpike with the North- nue, San Jose, Calif. 95112. Applicant's east Extension' of the Pennsylvania representative: Daniel W. Baker, 100 DEVIATIONS Turnpike, and return over the same Pine Street, San Francisco, Calif. 94111. NOTICE routes for operating convenience only. NoTE.-The purpose of this partial cor- The following letter-notices to operate The notice indicates that the carrier is rection is to indicate the correct territory over deviation routes for operating con- presently authorized to transport pas- sought in the Los Angeles Basin Territory venience only have been filed with the sengers- and the same property over a to read: Los Angeles Basin Territory in- Commission under the Deviation Rules, pertinent service route as follows: From cludes that area embraced by the fol- Motor Carrier of Passengers (49 CFR Wilkes-Barre, Pa., over Pennsylvania lowing boundary: Beginning at the point Highway 115 to Stockertown, Pa., thence the Ventura County-Los Angeles County 1042.2(c) (9)). Boundary Line intersects the Pacific Protests against the use of any pro- over unnumbered -highway to Easton, posed deviation route herein described Pa., thence over U.S. Highway 22 to Phil- Ocean; thence northeasterly along said may be filed with the Commission in the lipsburg, N.J., thence over unnumbered county line to the point It intersects State manner and form provided in such rules New Jersey Highways to Riegelsville, Highway 118, approximately two miles at any time, but will not operate to stay. N.J., thence across the Delaware River to west of Chatsworth easterly along State commencement of the proposed opera- -Riegelsville, Pa., thence over U.S. High- Highway 118 to Sepulveda Boulvard: tions unless filed within 30 days from the way 611 to Philadelphia, Pa., and return northerly along Sepulveda Boulevard to date of this Federal Register notice. over the same routes. Chatsworth Drive; northeasterly along Chatsworth Drive to the corporate Each applicant states that there will No. MC 54591 (Deviation No. 8), boundary of the City of San Fernando; be no significant effect on the quality SOUTHEASTERN TRALWAYS, INC., westerly and northerly along said corpo- of the human environment resulting 205 N. Senate Ave., Indianapolis, Ind. rate boundary of the City of San Fer- from approval of its request. 46204, filed November 4, 1976. Carrier's nando to Maclay Avenue; northeasterly MOTOR CARRIERS OF PASSENGERS representative: Lawrence Lindeman, along Maclay and Its prolongation to the Suite 1032, Pennsylvania Bldg., Pa. Ave. Los Angeles National Forest Boundary; No. MC 3600 (Deviation No. 3), & 13th St., N.W., Washington, D.C. 20004. FRANK MARTZ COACH COMPANY, southeasterly and easterly along the An- Carrier proposes to operate as a common geles National Forest and San Bernar- P.O. Box 1007, Wilkes-Barre, Pa. 18703, carrier, by motor vehicle, of passengers dino National Forest Boundary to Mill filed October 22, 1976. Carrier proposes and their baggage, and express and Creek Road (State Highway 38); \vest- to operate as a common carrier,by motor newspapers in the same vehicle with vehiele, of passengers and their baggage, passengers, over a deviation route as fol- erly along Ml Creek Road to Bryant and express and newspapers in the same Street; southerly along Bryant Street to lows: From Indianapolis, Ind., over In- and including the unincorporated com- vehicle with passengers, over a deviation terstate Highway 65 to Louisville, Ky., route as follows: From Riegelsville, Pa., munity of Yucaipa; westerly along Yu- and return over the same route for op- caipa Boulevard to Interstate Highway over Pa. Highway 611 to Easton, Pa., and erating convenience only. The notice in- 10; northwesterly along Interstate High- return over the same route for operating dicates that the carrier is presently au- Convenience only. The notice indicates .way 10 to 'Redlands Boulevard; north- thorized to transport passengers and the westerly along Redlands Boulevard to that the carrier is presently authorized same property over a pertinent service to transport passengers and the same Barton Road; westerly along Barton route as follows: -From Indianapolis, Road to La Cadena Drive; southerly property over a pertinent service -route Ind., over U.S. Highway 421 to Greens- as follows: From Riegelsville, Pa., across along La Cadena Drive to Iowa Avenue; burg, Ind., thence over Indiana Highway southerly along Iowa Avenue to State the Delaware River to junction unnum- 3 to junction Indiana Highway 62, thence bered highway, thence over unnumbered Highway 60; southeasterly along State over Indiana Highway 62 to Jefferson- Highway 60 and U.S. Highway 395 to highway via Finesville, Glen, Warren, ville, Ind., thence over the Ohio River and Alpha, N.J., to junction U.S. High- -Nuevo Road; easterly along Nuevo Road to Louisville, Ky., and return over the via Nuevo and Lakeview to State High-. way 22, thence over U.S. Highway 22 to same route. Easton, Pa., and return over the same way 79; southerly along State Highway route. M4OTOR CARRIER INTRASTATE- 79 to State Highway 74; thence westerly APPLICATION (S) to ,the corporate boundary of the City of No. MC-3600 (Deviation No. 4), Hemet; southerly, westerly, and north- FRANK MARTZ COACH COMPANY, NOTICE erly along said corporate boundary to P.O. Box 1007, Wilkes-Barre, Pa. '18703, The following application(s) for motor The Atchison, Topeka & Santa Fe right. filed November 11, 1976. Carrier proposes common carrier authority to operate in of-way; southerly along said right-of- to operate as a common carrier,by motor intrastate commerce seek concurrent way; to Washington Road; southerly vehicle, of passengersandtheir baggage, motor carrier authorization in interstate along Washington Road through and In- and express and newspapers in the same or foreign commerce within the limits of cluding the unincorporated community vehicle with passengers, over deviation the intrastate authority sought, pur- of Winchester to Benton Road; westerly routes as follows: From junction Penn- suant to Section 206(a) (6) of the Inter- along Benton Road to Winchester Road sylvania Highway 115 and the Northeast state Commerce Act. These applications (State Highway 79 to Jefferson Avenue; Extension of the Pennsylvania Turnpike ar& e6verned by Special Rule 245 of the southerly along Jefferson Avenue to U.S, (Interchange No. 36), over the Northeast Commission's General Rules of Practice -Highway 395; southerly along U.S. High- Extension of the Pennsylvania Turnpike (49 CFR 1100.245), which provides, way 395' to the Riverside County-San to junction Pennsylvania Turnpike, among other things, that protests and Diego County Boundary Line; westerly thence west over the Pennsylvania Turn- requests for information concerning the along said boundary line to "the Orange pike to Interchange No. 24 (Valley Forge -time and place of State Commission County-San Diego County Boundary Interchange), thence over Interstate lhearings on other proceedings, any sub- Line; southerly along said boundary line Highway 76 (Schuylkill Expressway) to sequent changes therein, and any other to the Pacific 'Ocean; northwesterly Philadelphia, Pa., with the following related matters shall be directed to the along the shoreline of the Pacific Ocean to point of beginning, including access routes: (1) From Blakeslee, Pa., State the point over Pennsylvania Highway 940 to Inter- Commission with which the appli- -of March Air Force Base, the rest re- change No. 35 of the Northeast Exten- cation Is filed and shall not be addressed mains the same. Hearing: Date, time and sion of the Pennsylvania Turnpike, (2) to or-filed with the Interstate Commerce place not yet fixed. Requests for pro- From Easton, Pa., over U.S. Highway 22 Commission. cedural information should be addressed

FEDERAL REGISTER, VOL. 41, -NO. 233--THURSDAY, DECEMBER 2, 1976 NOTICES 52975 to the Public Utilities Commission, State quests for procedural information should be addressed to the Oklahoma of California, State Building Civic Cen- should be addressed to the Oklahoma Corporation Commission, Jim Thorpe ter, 455 Golden Gate Avenue, San Fran- 1uor oration Commission, Jim Thorpe OMce Building, Oklahoma City, Okla. cisco, Calif. 94102 and should not be Office Building, Oklahoma City, Okla. 73105 and should not be directed to the directed to the Interstate Commerce 73105 and should not be directed to the Interstate Commerce Commission. Commission. Interstate Commerce Commission., Oklahoma Dochet No. MC 39435, filed Oklahoma Docket No. MC 23190 (Sub- Oklahoma Docket No. MC 23745 November 10, 1976. Applicant: AWAAS- No. 7) filed November 16, 1976. Appli- (Sub-No. 1), filed November 12, 1976. SADOR COACH LJMS, INC., 212 A cant: OKMULGEE EXPRESS, INC., 207 Applicant: TRIANGLE EXPRESS, Street N.W., Mami, Okla. 74354. Appli- North Cincinnati, Tulsa, Okla. 74101. Ap- INC., 1015 S.W. 2nd, Oklahoma City, cant's representative: I. E. Chenoweth, plicant's representative: Rufus H. Law- 1300 Mid-Continent Building, Tulsa, Okla. 73125. Applicant's representative: Okla. 74103. Certificate of Public Con- son, 106 BLxler Bldg., 2400 N.W. 23rd St., Charles D. Dudley, 3535 N.W. 58th Oklahoma City, Okla. 73107. Certificate venience and Necessity sought to operate Street, Suite 280, Oklahoma City. Okla. a freight service as follows: Transporta- of Public Convenience and Necessity 73112. Certificate of Pubilo Convenience sought to operate a freight service as fol- and Necessity sought to operate a tion of Passengers,baggage and express, lows: Transportation of General con- including charter rights over the follow- freight service as follows: Transporta- ing routes; Between Tulsa, Okla. and modifies, between Henryetta, Okla. and tion Generalcommodiffties, between Okla- Stigler, Okla.: From Henryetta, Okla. Oklahoma City, Okla. via U.S. Highway homa City, Okla. and Lawton, Oka.: 66, serving all intermediate points. Intra- via U.S. Highway 266 to junction U.S. 266 From Oklahoma City, Okla. via US. and S.H. 2, thence via S.H. 2 to Warner, state, interstate and foreign commerce Highway 62 to Its Joinder with the H.E. authority sought. HEARING: Date, and Olda. thence via S.H. 2 to junction S. Bailey Turnpike, thence via the HE. 2 and S.H. 9, thence via S.H. 9 to Stigler, place scheduled for January 24,1977,2nd Bailey Turnpike to its junction with U.S, Floor, Jim Thorpe Bldg, Oklahoma City, Okla., thence west from Stigler, Okla. Highway 281, thence via U.S. Highway via SM. 9 to the Indian Nation Turn- Okla., time not given. Requests for pro- 281- to Lawton, Okla., serving Oklahoma cedural information should be addressed pike, thence via the Indian National City, Lawton, Okla. and, the intermedi- to the Oklahoma Corporation Commis- Turnpike to Henryetta, Okla. serving all ate point of Fort Sill Military Reserva- intermediate points- and-the off-route sion, Jim Thorpe Office Building, Okla- tion, and return by the same route. In- homa City, Oka. 73105 and should not points of Checotah, Warner, Enterprise, trastate, interstate and foreign com- be directed to the Interstate Commerce Dewar, Grayson and Hitchita, Okla. In- merce authority sought. Hearing: Date, Commission. trastate, interstate and foreign com- time and place scheduled for January 31, merce authority sought. Hearing: Date, - 1977, at the Oklahoma Corporation Com- By the Commission. time and place scheduled for February mission, Jim Thorpe Oi1ce Building, Ron= L. OswALD, 7, 1977, at 9 aam., 2nd Floor, Jim Thorpe OJahoma City, Okla., (time not given). Secretary. Office Bldg., Oklahoma City, Okla. Re- Requests for procedural information [FR Doc.76-35372 FIed 12-1-76;8:45 am]

FEDERAL REGISTER, VOL 41, NO. 233-THURSDAY, DECEMBER 2, 1976 Just Released

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