MONDAY, FEBRUARY 26, 1973

WASHINGTON, D.C. Volume 38 ■ Number 37

Pages 5145—5228 PART I (Part II begins on page 5219)

HIGHLIGHTS OF THIS ISSUE

This listing does not affect the legal status of any document published in this issue. Detailed table of contents appears inside.

INVESTM ENT COMPANIES— SEC withdraws proposal pro- hibiting adjournment of shareholders meetings...... 5194

RELOCATION ASSISTANCE CLAIMS— HUD establishes grievance procedures; effective 3 -2 6 -7 3 ...... 5168

AUTOM OTIVE POLLUTION— EPA proposal on inspection and certification of new vehicles and engines; comments by 4 -2 7 -7 3 ...... 5183

FREEDOM OF INFORMATION— FPC rules on declassifi­ cation; effective 2 -2 6 -7 3 ...... T...... 5161

SS UNITED STATES— Commerce Dept, announces pur­ chase and solicits proposals for use; comments by 3 -3 0 -7 3 ...... 5197

UNFAIR TRADE PRACTICES— FTC cease and desist orders against false advertising, discriminatory pricing and flam­ mability violations (7 documents); effective 2—26-73..5156-5160

FEDERAL SURVIVORS INSURANCE— HEW proposal relat- ing'to evidence of death occurring outside the U.S.; com­ ments by 3 -2 8 -7 3 ...... 5182

LEVIES ON WAGES AND SALARIES— 1RS rules requiring prior notice to individuals affected; effective 2 -2 6 -7 3 ...... 5171

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

Rules Going into Effect Today This list includes only rules that were published in the Federal Register after October 1, 1972. Page no. and date COAST GUARD— Hutchinson River, N.Y.; drawbridge operation regulations.. 2428; 1 -2 6 -7 3 CUSTOMS BUREAU— Declaration and en­ try of articles...... 2448; 1—26—73 USDA— Information required for cotton and cotton products and for potatoes and potato products... 2445; 1 -2 6 -7 3

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FEDERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 HIGHLIGHTS— Continued antidumping — MEETINGS— Tariff Comm, notice of investigation and hearing on NASA: Earth Resources Technology Satellite Sym­ 4-10-73 about synthetic methione from Japan------5212 posium; 3—5 through 3—8—7 3 ------5208 Treasury Dept, initiates investigations on natural Research and Technology Advisory Council, Commit­ rubber tread from Italy and certain metal punching tee on Aeronautical Operating Systems, Ad Hoc Panel machines and expanded metal from Japan (3 docu­ on Aircraft Noise Reduction by Operational Flight ments) ...... -...... ——-...... 5195 Procedures; 3—6—73------5209 Federal Prevailing Rate Advisory Committee; 3—1, -8 , CORPS OF ENGINEERS LABS— Procedures for conduct­ -2 2 , and -2 9 -7 3 ...... 5205 ing work for governmental and private organizations; HEW: Secretary’s Advisory Committee on Automated effective 2—26—73...... *...... 5171 Personal Data Systems; 3 -1 through 3—3—73______5197 Nat’l Science Foundation: Advisory Panels for Political VETERINARY DRUGS— FDA approves use of dichlorvos Science, Earth Sciences, Research Management Im­ for horses; effective 2—26—73...... ' 5168 provement and Sociology; 3—9, —10, —12, —13, —15 and FEDERAL OPEN MARKET COMMITTEE— Publication of -1 6 -7 3 ...... -...... 5209 Economic Policy Directives of 11—20 and 21—72 and OMB: Business Advisory Council on Federal Reports; 12-19-72 (2 documents)...... 5206 3 -1 -7 3 ...... 5214

Contents

AGRICULTURAL MARKETING SERVICE CIVIL AERONAUTICS BOARD FEDERAL AVIATION ADMINISTRATION Rules and Regulations Rules and Regulations Proposed Rule Making VOR Federal airways; extension. 5182 Filberts grown in Oregon and Records available and exempted. _ 5152 Washington; amendment of ad­ Notices FEDERAL COMMUNICATIONS ministrative rules and regula­ Air Haiti, S.A.; prehearing con­ COMMISSION tions ______,_____ 5151 ference and hearing regarding Proposed Rule Making Proposed Rule Making foreign air carrier permit FM broadcast stations: Castalia and Sandusky, Ohio— 5192 Milk in Eastern Ohio-Western amendment; addition of New York, N.Y., as conterminal Colorado Springs, Colo______5192 Pennsylvania marketing area; . p o in t_____:______5199 Flint, M ich..______5193 decision on proposed amend­ ments to marketing agreement COAST GUARD Notices and to order______5176 Rules and Regulations Hearings, etc.: AGRICULTURE DEPARTMENT Transportation of dangerous arti­ Radio Telephone Company of cles or substances; phosphorous Gainesville, et al______5199 See also Agricultural Marketing pentasulfide ______5173 United Telephone Company of Service; A n i m a l and Plant O h i o ______5199 Health Inspection S erv ice ; Notices Farmers Home Administration; Equipment, construction, and ma­ FEDERAL MARITIME COMMISSION Rural Electrification Adminis­ terials; approval and termina­ Notices tration; Soil Conservation Serv­ tion of approval notice (5 docu­ Certificates of financial respon­ ice. ments) _____5220, 5222, 5223, 5226, 5227 sibility (Oil Pollution): Notices Issu ed______5201 COMMERCE DEPARTMENT R evok ed______5200 New York Produce Exchange; or­ See Maritime Administration. Issuance of certificate to Chinese der vacating designations as Maritime Transport, Ltd., and contract m ark ets______. 5197 CUSTOMS BUREAU Orient Overseas Lines, Inc.: . Rules and Regulations Casualty______5200 ANWALAND PLANT HEALTH INSPECTION Performance______5200 SERVICE Chromic acid from Australia; revocation of dumping finding. 5175 FEDERAL POWER COMMISSION Rules and Regulations Declaration and entry of articles; Meat products; storage in and dis­ correction ______5175 Rules and Regulations tribution from federally in­ National security information ; spected establishments_____ 5151 DEFENSE DEPARTMENT classification and declassifica- See Engineers Corps. t iò n ______5161 arm y d e p a r t m e n t Proposed Rule Making ENGINEERS CORPS See Engineers Corps. Utilization and conservation of Rules and Regulations natural gas; policy statement; a to m ic e n e r g y c o m m is s io n Laboratory investigations and extension of time______5194 Notices t e s t s ______—------5171 Notices Hearings, etc.: Duke power Co.; order for pre- ENVIRONMENTAL PROTECTION AGENCY Champlin Petroleum Co., et a l. 5203 hearing conference 5198 Metropolitan Edison Co. et~aU Proposed Rule Making Continental Oil Co______5203 Air pollution from new motor vehi­ Distrigas of New York Corp___ 5204 license8 ° n faciUty opiating cles and engines______5183 Georgia Power Co______5204 5198 hexafluoride; charges, Indiana and Michigan Electric FARMERS HOME ADMINISTRATION Co ______5205 t£ n ? T ? . services. specifica- Rules and Regulations Washington Water Power Co_ 5205 corr^tion Packaging; revisions; 5199 Organization and functions______5151 (Continued on next page) 5147

FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 5148 CONTENTS

FEDERAL PREVAILING RATE ADVISORY Rules and Regulations NATIONAL SCIENCE FOUNDATION: COMMITTEE Claims and payments; establish­ Notices Notices ment of grievance procedures_5168 Certain advisory panels; closed Committee meetings______5205 meetings ------5209 INTERIOR DEPARTMENT FEDERAL RESERVE SYSTEM See Fish and Wildlife Service; RURAL ELECTRIFICATION National Park Service. Notices ADMINISTRATION Acquisition of banks: INTERNAL REVENUE SERVICE Notices Barclays Bank Ltd. and Bar­ Rules and Regulations Basin Electric Power Cooperative; clays Bank International Levies on salaries and wages_____ 5171 availability of final environmen­ Ltd ______5205 tal Statement______5196 First International Bancshares, INTERSTATE COMMERCE COMMISSION I n c ______5208 SECURITIES AND EXCHANGE First National Financial Rules and Regulations COMMISSION * C o r p ______5208 Car service orders: Proposed Rule Making Federal Open Market Committee; Demurrage and free time at current economic policy direc­ p o rts ______5173 Adjournment of shareholders’ tive (2 documents)______— 5206 Northwestern Oklahoma Rail­ meeting and solicitation of addi­ First Florida Bancorporation; or­ road Co______¿______5174 tional proxies ; withdrawal of der approving merger of bank proposed rules______5194 Notices holding companies______5207 Notices Assignment of hearings______,__ 5212 First York Ban Corp.; formation Hearings, etc.: Exemptions under provision of of bank holding company______5208 Georgia Power Co______1 5269 Proposed acquisitions: mandatory car service rules: Atlantic and Western Railway Northeast Utilities and Western Bank of Virginia Co______5205 Massachusetts Electric Co__ 5210 Bankers Trust New York Corp_ 5206 Co. et al______5213 Central Railroad Company of Wasatch National, Inc.; “Grand­ SMALL BUSINESS ADMINISTRATION father” privileges______5208 New Jersey et al______5213 Motor carrier board transfer pro­ Notices FEDERAL TRADE COMMISSION ceedings ______:______5213 Creative Capital Corp.; approval Rules and Regulations of application for transfer of INTERSTATE LAND SALE REGISTRATION c o n tr o l______5211 Prohibited trade practices: OFFICE Colonial Carpet Mills, Inc., and Henry Franco______5156 Notices SOCIAL SECURITY ADMINISTRATION Credit Card Service Corp., and Hasty-Greene Investments, Inc.; Proposed Rule Making John P. Ferry______5157 hearing ______5197 Old age, survivors and disability Gimbel Brothers, Inc______5158 insurance; proof of death------5182 Marnacraft Carpet Co., Ltd., and MANAGEMENT AND BUDGET OFFICE Reginald W. Crouch______1— 5158 Notices SOIL CONSERVATION SERVICE Pan Pacific Carpets, Inc., and Business Advisory Council on Arnold Schoch______Z______5159 Notices Federal Reports; public meet­ United Fruit Co., et al______5160 Swan Creek Watershed Project, ing ______j.____ 5214 Villa Carpet -Mills, Inc., and Ala.; availability o f draft envi­ Willard L. Lewis______5160 MARITIME COMMISSION ronmental statement------— 5196 Notices FISH AND WILDLIFE SERVICE TARIFF COMMISSION SS United States; purchase of and Rules and Regulations solicitation of proposals for use_ 5197 Notices Merritt Island National Wildlife Electronic flash devices; complaint Refuge, Fla.; sport fishing_____ 5175 NATIONAL AERONAUTICS AND SPACE re ce iv e d ______5211 ADMINISTRATION Synthetic methionine; investiga­ FOOD AND DRUG ADMINISTRATION Notices tion and hearing..______- — 5212 Rules and Regulations Earth Resources Technology Sat­ Workers’ petition for determina­ Dichlorvos as an anthelmintic in ellite (ERTS—1) Symposium; re­ tion ; investigation: h orses______5168 sults and findings______5208 Johnson Shoes, Inc______5211 Use of mercury in cosmetics in­ NASA Research and Technology Shapiro Brothers Shoe Co., Inc_ 5212 cluding use as skin-bleaching Advisory Council, Committee on Uniroyal, Inc.______5212 agent in cosmetic preparations Aeronautical Operating Sys­ also regarded as drugs______5168 tems, Ad Hoc Panel on Aircraft TRANSPORTATION DEPARTMENT Noise Reduction by Operational See Coast Guard; Federal Avia­ HEALTH, EDUCATION, AND WELFARE Flight Procedures; meeting____ 5209 tion Administration. DEPARTMENT See also Food and Drug Adminis­ NATIONAL PARK SERVICE TREASURY DEPARTMENT tration; Social Security Admin­ istration. Notices See also Customs Bureau; Internal Intention to extend concession Revenue Service. Notices contracts: Secretary’s Advisory Committee Highland Light Development Notices on Automated Personal Data Area of Cape Cod National Antidumping proceeding: 5195 Expanded metal, of base metal, Systems; meeting------5197 Seashore ______5195 Ozark National Scenic River- from Japan------5196 Metal punching machines from HOUSING AND URBAN DEVELOPMENT ways (2 documents)______5195 DEPARTMENT Rock Creek Park Horse Centre, J a p a n ______See also Interstate Land Sale Reg­ I n c ______5196 Natural rubber thread from 5195 istration Office. Yosemite National Park, Calif— 5196 I t a l y ------—

FEDERAL REGISTER, VOL. 38, NO . 37— M O ND AY, FEBRUARY 26, 1973 CONTENTS 5119 List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. In the last issue of he month the cumulative list will appear at the end of the issue. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1973. and specifies how they are affected. 7 CFR 18 CFR 24 CFR 982______5151 3a______5161 42— ______5168 P roposed R u l e s : 1800______5151 26 CFR 2______5194 Proposed R u l e s: 301— 5171 1036 ______5176 19 CFR 33 CFR 4______5175 209------5171 9 CFR 6______5175 9 ______5175 318 ______5151 40 CFR 10 ______5175 P roposed R u l e s : 11______5175 14 CFR 85------1------— 5183 23______d175 310______------5152 123______5175 46 CFR Proposed R u le s: 148______5175 146—------5173 71_____ v,___ 153______5175 20 CFR 47 CFR P roposed R u l e s : 16 CFR P roposed R u l e s: 73 (3 documents)______5192, 5193 13 (7 documents) __ ...... 5156-5160 404______5182 49 CFR 21 CFR 17 CFR 1033 (2 documents) ______5173, 5174 3______5168 Proposed R u le s: 131______5168 50 CFR 270______135c______5168 33------5175

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973

5151 Rules and Regulations

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

Title 7— Agriculture sessment statement which he receives CHAPTER XVIII— FARMERS HOME ADMIN­ CHAPTER IX— AGRICULTURAL MARKET­ from the Board. This charge is the same ISTRATION, DEPARTMENT OF AGRI­ ING SERVICE (MARKETING AGREE­ as that used in the industry for similar CULTURE MENTS AND ORDERS; FRUITS, VEGE­ late payments. If the handler fails to pay SUBCHAPTER A— GENERAL REGULATIONS TABLES, N U TS), DEPARTMENT OF the delinquent amount, including the late [FHA Instruction 236.1] AGRICULTURE payment charge, within 60 days following the billing date, an additional 1 percent PART 1800— ADMINISTRATIVE PART 982— FILBERTS GROWN IN interest charge shall be applied monthly PROVISIONS OREGON AND WASHINGTON thereafter to the unpaid balance, includ­ Subpart A— Organization and General Late Payment and Interest Charges ing any accumulated interest. The Functions of the Farmers Home Admin­ On January 22, 1973, a notice of pro­ monthly interest rate of 1 percent is the istration posed rule making was published in the same as that generally used commer­ C o u n ty O ffices cially in computing charges on delin­ Federal R egister (38 PR 2178), regard­ Section 1800.4, Title 7, Code of Federal ing a proposal to amend the administra­ quent accounts. Regulations (31 FR 14109; November 4, tive rules and regulations (Subpart—Ad­ After consideration of all relevant mat­ 1966), is amended to clarify the composi­ ministrative Rules and Regulations; 7 ter presented, including that in the no­ tion and functions of county or area com­ CFR 982.432-982.471) by the addition of tice, the recommendation of the Filbert mittees to agree with existing Farmers anew § 982.461 establishing late payment Control Board, and other available in­ Home Administration policies and pro­ and interest charges for any handler formation, it is found and determined cedures. As amended, the last sentence of failing to pay his assessments within the that the charges hereinafter set forth are this section is revised to read as follows: time prescribed by the Filbert Control necessary to effectuate other provisions Board. The subpart is operative pursuant of the order. § 1800.4 County offices. to the marketing agreement, as amended, It is therefore ordered, That Subpart— * * * County or area committees, com­ and Order No. 982, as amended (7 CFR Administrative Rules and Regulations (7 posed uf three individuals residing in the Part 982; 37 FR 588), regulating the CFR 982.432-982.471) be amended by county or area, two of whom at the time handling of filberts grown in Oregon and adding a new § 982.461 reading as of appointment shall be farmers deriving Washington, and is effective under the follows: the principal part of their income from Agricultural Marketing Agreement Act farming, review applications for certain § 982.461 Late payment and interest of 1937, as amended (7 U.S.C. 601-674). charges. Farmers Home Administration assistance The proposal was unanimously recom­ and make certifications and recommen­ mended by the Filbert Control Board. The Board shall impose a late payment dations with respect to certain loans, Interested persons were given until charge on any handler failing to pay his grants, debt settlement, and release from January 31,1973, to submit written data, assessment within 30 days of the billing personal liability. date shown on the handler’s assessment views, or arguments with respect to the (Sec. 339, 75 Stat. 318, 7 U.S.C. 1989; Orders Proposal. None were received. statement received from the Board. Such of Acting Secretary of Agriculture, 36 FR amount shall be shown on the statement Section 982.61 of the order was 21529; 37 FR 22008) as the “Assessment Due”. The late pay­ amended (37 FR 588; January 14, 1972) ment charge shall be 5 percent of the Effective date. This revision shall be­ to authorize the Board to impose a late unpaid balance of that amount. In the come effective on February 26, 1973. Payment charge on any handler who event the handler fails to pay the delin­ rails to pay his assessment within the Dated: February 16,1973. quent amount, including the late pay- time prescribed by the Board. If the ment.charge, within 60 days following the J. R . H anson, nandler thereafter fails to pay the billing date, an additional 1 percent in­ x Acting Administrator, amount outstanding, including the late terest charge shall be applied monthly Farmers Home Administration. 5m ^ charSe> within the prescribed [FR Doc.73-3532 Filed 2-23-73;8:45 am] fimf’i i Board shall impose an addi- thereafter to the unpaid balance, includ­ tho charge in the form of interest on ing any accumulated interest. Any ine outstanding amount. Section 982.61 amount paid by a handler as assessments, Title 9— Animals and Animal Products ? Provides for the rate of such charges including any charges imposed pursuant CHAPTER III— ANIMAL AND PLANT arm* Proscribed by the Board, with the to this paragraph, shall be credited when HEALTH INSPECTION SERVICE (MEAT Vul of. the Secretary. The purpose AND POULTRY INSPECTION), DEPART­ est "^blishing a late payment and inter­ the payment is received in the Board’s MENT OF AGRICULTURE na,. £ arge is *° encouxage handlers to office. SUBCHAPTER A— MANDATORY MEAT piimi^i? H-ssessments promptly, thereby (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. INSPECTION .n aim g Board costs and avoiding 601-674) PART 318— ENTRY INTO OFFICIAL ESTAB­ pavnT-es resPect to handlers who LISHMENTS; REINSPECTION AND nay their assessments promptly. Dated February 20, 1973, to become PREPARATION OF PRODUCTS effective March 31, 1973. f a f S W 't o § 982.461, the Board will Storage in and Distribution From Federally cent S ^ late Payment charge of 5 per- P aul A. N ich olson, Inspected Establishments of State In­ dler fnui anPaid balance on any han- Deputy Director, Fruit and Veg­ spected Meat Products 30 finwc , Pay his assessment within etable Division, Agricultural Statement of considerations. On March Marketing Service, data S f i * billing date. The billing 2, 1972, there was published in the F ed­ ill be shown on the handler’s as­ [FR Doc.73-3531 Filed 2-23-73; 8 ¡45 am] eral R egister (37 F R 4356) in accordance

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 5152 RULES AND REGULATIONS with the administrative procedure pro­ ucts must not create any unsanitary con­ (7) Manual of ADP instructions for visions in 5 U.S.C. 553, a notice of pro­ dition or otherwise result in adulteration traffic and capacity data collection and posed rule making under the Federal of any products at the official establish­ related materials. Meat Inspection Act (21 U.S.C. 601 et ment or interfere with the conduct of (8) Manual of instructions to air car­ seq.) to amend the Federal meat inspec­ inspection under this subchapter. In ad­ riers for passenger origin-destination tion regulations (9 CFR Chapter III, Sub­ dition, such State inspected products survey statistics and related materials. chapter A) for the purpose of permitting must be stored separately and apart from (9) Observations of the Director to the storage in, intrastate distribution the federally inspected products in the air carriers, requesting or transmitting from, federally inspected establishments official establishment. specific information to supplement or of State inspected meat and meat prod­ * * * ♦ # amplify reports. ucts. Interested persons were given 60 (Sec. 21, 34 Stat. 1264, as amended, 21 U.S.C. (10) Passenger origin-destination di­ days in which to submit data, views or 621; 37 FR 28464, 28477) rectives, to supplement passenger O & D arguments regarding the proposed Manual. amendment. The amendment is the same as the (11) International Civil Aviation Or­ proposal set forth in the notice of rule ganization reports : Summarization of se­ Thirteen letters of comment were re­ making except for editorial changes for ceived, 11 of which favored the amend­ lected financial and statistical data. grammatical improvement and coordina­ (12) Reports of a miscellaneous na­ ment and two were in opposition to the tion of the amendment with other provi­ proposal. Those favoring the amendment ture filed pursuant to Board order. sions of the regulations (e.g., § 331.4) (13) Reports of ownership of stock did so because, in their judgment, it of­ under which certain State inspected fered more opportunity for business, and and other interests filed pursuant to Part products may enter official establish­ 245, Subpart B. was a positive gesture by the Department ments for preparation therein. regarding Federal-State relations. How­ (14) Settlement documentation filed It does hot appear that further public under Rule 215 of the Board’s rules of ever, two comments favoring the overall rule making procedures concerning the proposal did express opposition to the practice. amendment would make additional in­ (15) Civil penalty compromise records portion which would require that Federal formation available to this Department. and State inspected product be kept under Subpart H of the Board’s rules of Therefore under the administrative pro­ practice. separate while stored in a federally in­ cedure provisions in 5 U.S.C. 553 it is spected establishment. (16) Blind Sector Applications: Part found upon good cause that such further 216—copies of applications and authori­ Since the Act prohibits movement of proceedings are unnecessary and im­ zations in connection therewith. State inspected product in interstate practicable. (17) Travel Group Charters: Filings commerce unless it is within an exemp­ and other documents relating to Travel tion under the Federal Act, the Depart­ This amendment shall become effective upon April 1,1973. Group Charter filings under Part 372a ment decided that commingling of State (excluding names, addresses and phone and federally inspected products could Done at Washington, D.C., on Feb­ numbers of TGC participants). not be permitted because of the increased ruary 21, 1973. (18) Study Group Charters: Tour difficulty of supervising their handling C layto n Y eutter, Prospectuses and other documents relat­ and distribution. Assistant Secretary. ing to Study Group Charters under Part One comment opposed the amendment [FR Doc.73-3578 Filed 2-23-73;8:45 am] 373. on the grounds that State inspected (19) Overseas Military Personnel product is not equal to federally inspected Title 14— Aeronautics and Space Charter applications and authorizations, product, and because the burden of the and filings in connection therewith. separate storage requirements offset any CHAPTER II— CIVIL AERONAUTICS BOARD (20) Application of foreign charter business advantages. A second opposing SUBCHAPTER B— PROCEDURAL REGULATIONS carriers for approval of charter flights, comment was on the grounds-that it [Reg. PR-134, Arndt. 5] as required by specific Board order. would be impossible for USDA inspectors PART 310— INSPECTION AND COPYING Most of the above items represent new to adequately supervise control of the reports first required subsequent to the storage and distribution of the State in­ OF BOARD OPINIONS, ORDERS, AND RECORDS last update of the appendices in April spected product. The Department has 1970.1 In regard to items in existence determined that those States presently Records Available and Exempted prior thereto, the settlement documenta­ operating State inspection programs Adopted by the Civil Aeronautics tion filed under Rule 215 of the B oard ’s have requirements at least equal to the Board at its office in Washington, D.C., rules of practice is added to Appendix A requisite Federal requirements. Further, on the 20th day of February 1973. in light of the Board’s recent affirmation the Department believes that its inspec­ Appendix A of Part 310 contains a de­ of the public status of such materials. tion personnel and procedures are ade­ scription and location of Board records Similarly, civil penalty compromise rec­ quate to assure compliance with the re­ generally available for public inspection ords filed under Subpart H of the B oard ’s quirement for keeping separte the Fed­ and copying, and Appendix B lists Board rules of practice are now included in eral and State inspected products. records generally excluded from avail­ Appendix A to reflect the recent staff re­ Therefore, after due consideration of ability. The amendments herein bring lease of the subject materials in fu rth e r­ all relevant matters, including the com­ the appendices up to date. ance of the Board’s informational poli­ ments, Part 318 is amended by redesig­ The following items and reports not cies.3 \ nating the present provisions of § 318.1 previously listed in the appendices are In addition to the above listed items, (h) as § 318.1(h) (1), and by adding a added to Appendix A: to reflect the Board’s recent decision to new subparagraph (2) to § 318.1(h) as (1) Accounting and reporting direc­ release IATA documents to the* public, follows: tives to supplement the Uniform System there is included in Appendix A, and of Accounts and Reports. deleted from Appendix B, reference to § 318.1 Products and other articles en­ all IATA materials maintained at Board tering official establishments. (2) ADP instruction directives to sup­ ***** offices. plement Traffic and Capacity Data Col­ The following items are deleted from lection ADP Manual. (h) (1) * * * Appendix A: « (2> Meat, meat byproducts, and meat (3) Cooperative shippers associations (1) General interpretation letters, in­ food products bearing official marks reports (Form 244A). terpreting provisions of Uniform System showing that they were inspected and (4) Extension of credit to political of Accounts and Reports., passed under State inspection in any candidates reports (Form 183). State not designated in § 331.2 of this (5) Freight loss and damage claims subchapter may be received by official * See PR -110, effective Apr. 9, 1970. reports (Form 239). 2 See PR-127, effective May 16, 1972. establishments for storage and distribu­ (6) International Civil Aviation Or­ » The staff release has been noted ana P tion solely in intrastate commerce. The ganization statistical reports (ICAO proved by the Board. See Order 72-1 presence of such State inspected prod­ Form C ). adopted Nov. 28, 1972.

FEDERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 RULES AND REGULATIONS 5153 (2) Letters to Chief Accounting Offi­ In addition to the foregoing amend­ zation, they will be made effective im­ cers of air carriers requesting specific in­ ments, the locations of certain listed mediately. formation to supplement or amplify re­ items are being revised to reflect recent Accordingly, the Board hereby amends ports. organizational changes. Accordingly, Part 310 and Appendices A and B thereto, (3) Standard practice letters pre­ references to “Costs and Statistics Divi­ effective February 20, 1973, as follows: scribing standard accounting and re­ sion” are amended to “Statistical Divi­ 1. Amend § 310.3(b) to read as porting procedures, supplemental to Uni­ sion” ; references to “Regulations and follows: form System of Accounts and Reports. Reports Division” are amended to “Ac­ (4) Air freight forwarder statistics, counting Regulations Division” ; refer­ § 310.3 Exempted records. compiled from Form 244 semiannually. ences to “Statistical Reports Section” are * * * * * (5) Financial results of scheduled all­ amended to “Financial and Traffic Re­ (b) Appendix B to this part lists vari­ cargo operations, semiannual compila­ ports Section” ; and references to “Bu­ ous kinds of records which are “ex­ tion. reau of Enforcement, Consumer Com­ empted records” and therefore may be (6) Quarterly reports of traffic and plaint Section” are amended to “Office excluded from public availability. Ap­ financial data. of Consumer Affairs.” pendix B to this part is for the conveni­ (7) Documents relating to bulk inclu­ Finally, the text of Part 310 is amended ence and guidance of the public and is sive tours under Part 378A. to express the Board’s policy to release not an exhaustive listing; other records Each of the deleted categories of mate­ any record authorized to be withheld rials and reports are no longer compiled not listed therein may be subject to with­ under the exemptions of the Freedom of holding as “exempted records.” Any “ex­ or maintained at Board offices. In most Information Act unless it is determined instances, information and data con­ that the release of the record would be empted record” will be withheld from tained therein are now found in other inconsistent with the purpose of the ex­ public disclosure only where it is deter­ compilations and reports.® emption. This amendment serves to mined that the release of the record Two items are being added to Appen­ clarify the current regulations by pro­ would be inconsistent with the purpose dix B of Part 310. The first item, “Air viding a clear statement of the guiding o f the exemption. carrier service segment data submitted principle behind all Board determina­ (Sec. 204(a), Federal Aviation Act of 1958, under Part 241,” constitutes confidential tions regarding the release of informa­ commercial information and trade se­ as amended, 72 Stat. 734; 49 U.S.C. 1324; tion since the inception of the Freedom Freedom of Information Act, 81 Stat. 54 5 crets and is therefore being added to the U.S.C. 552) list of confidential matters set forth in of Information Act. section 4 of Appendix B. In addition, we Since the regulation is a rule of agency 2. Amend Appendices A and B in the are adding to Appendix B reference to procedure and practice, notice and pub­ form attached below. the names, addresses, and phone num­ lic procedure hereon are not necessary. bers of TGC participants listed in Travel By the Civil Aeronautics Board. Furthermore, since the amendments re­ Group Charter filings under Part 372a. [ seal] P h y l l is T . K aylo r, Such information constitutes both com­ flect present practice, policy and organi­ Acting Secretary. mercial and investigatory matter o f the A p p e n d i x A type exempted from disclosure under the Freedom of Information Act and is there­ DESCRIPTION AND LOCATION OP RECORDS GENERALLY AVAILABLE fore being added to the items set forth hi sections 4 and 7 of Appendix B. (N o t e : Any item may be withheld from disclosure if exempted, whether or not the item is listed herein) Aside from the aforementioned refer­ ence to IATA materials, certain other Agreements filed under section 412 of Federal Bureau of Operating Rights, Agreements Aviation Act: Copies of, and filings and rec­ Division. items listed in Appendix B are amended. ords in connection therewith. Section 7 of Appendix B is amended to indicate that the exemption governing Air freight forwarder applications and operat­ Bureau of Operating Rights, Supplemen­ ing authorizations, and filings in connection tary Services Division. law enforcement investigatory files solely therewith. covers formal and informal investigatory Aircraft lease or purchase transactions under hies of the Bureau of Enforcement or Bureau of Operating Rights, Agreements other Bureaus regarding alleged viola­ Part 299, Economic Regulations: Filings in Division. connection therewith. tions of the Federal Aviation Act or re­ quirements thereunder. Finally, we are Applications of foreign charter carriers for ap­ Bureau of Operating Rights, Supplemen­ amending the statement in section 4 of proval of charter flights, as required by tary Services Division. specific Board Order. B that “past or future matter uomitted to the Board in confidence but Blind sector applications: Part 216—Copies of Do. applications and authorizations in connec­ s°9r»o^Ano formal request under tion therewith. ho k ^ ®oar(f’s rules of practice fn bef ^ made and granted will be held Civil Aeronautics Board Manual: Instructions Public Reference Room. ^confidence by the Board to the extent to staff and index thereof. rieJi all°wable.” The amendment will Certification of Secretary of Civil Aeronautics Office of Secretary, Minutes Section. (Re­ lnd*cate, in accordance with Board. quest to be made to Public Reference «¡niJr Prac^ce’ that this provision refers Room .) pirtcf unpublished materials the dis- Charters: Requests for waivers of Board regu­ Bureau of Operating Rights, Supplemen­ 2??® °.f which would be inconsistent lations. tary Services Division. Civil penalty compromise records filed under Office of Secretary, Docket Section. Nation aS ^ °f the Preedom of Infor- Subpart H of the Board’s rules of practice. Conferences between Civil Aeronautics Board Do. 1972^ ®rder 72-11-121, adopted Nov. 28, and other persons, transcripts of. Consumer complaint files, as distinguished from Office o f Consumer Affairs. re w “ additional revision of Appendix A, investigation files. SXSSl ** Form 41 is deleted from Contracts of the Civil Aeronautics Board: Office of Facilities and Operations. loads of summarized passenger Contracts awarded; Invitations to bid. 41) e ^ ig h t stages (Schedule T-5, Form Correspondence relating to items listed In reason^or t h ? S^ y in€ligibIe Portion.” The Office o f Facilities and Operations, Com­ T-5 J the change is that the Schedule Appendix A. munications Services Section, and vari­ carriers10* & P&rt of the Form 41 b7 tbe ous Board offices. (Request to be made to Public Reference Room .)

No. 37—Pt. I-----a FEDERAL REGISTER, VOL. 38, N O . 37— M O ND AY, FEBRUARY 26, 1973 5154 DESCRIPTION AND LOCATION OF RECORDS GENERALLY AVAILABLE— C o n tin u e d DESCRIPTION AND LOCATION OF RECORDS GENERALLY AVAILABLE— C o n tin u e d Orders and Opinions of the Civil Aeronautics Dockets and related material: Office of Secretary, Docket Section. Agents: File showing agents designated for Board: Public Reference Room. service under section 1005(b) of Federal Copies of, including published bound vol­ umes “Civil Aeronautics' Board Reports.” Aviation Act. Office o f Secretary, Docket Section. Applications sent to the President under Index of, by subject, summarizing action section 801 of Federal Aviation Act: Card taken. Index-Digest of opinions and precedential Office o f Secretary, Indices Section. record of. Docket binders: Containing material of rec­ orders, and citation file. Public Reference Room. ord in docketed proceedings, and corre­ Weekly summaries of orders. Bureau of Operating Rights, Supplemen­ spondence in connection therewith. Overseas military personnel charter applica­ tions and authorizations, and filings in con­ tary Services Division. Docket indexes: Listing by docket number, the filings in each docket and Board nection therewith. Policy Statements of the Civil Aeronautics Public Reference Room. issuances in same. By name of applicant or petitioner, each Board; and index thereof. Do. application, petition, etc. bearing a new Postal Service: Contracts for the transporta­ tion of mail filed pursuant to 39 U.S.C. 5005. docket number. Do. By name of city, applications for service Public index. Do. to said city and disposition thereof. Published Board documents. Do. By name of carrier and by docket number, Regulations of the Civil Aeronautics Board; a description of pending applications. Table of contents of codified regulations. Documents served by Docket Section: Daily Reports of air carriers and related material: Accounting and reporting directives to sup­ Bureau of Accounts and Statistics, Ac­ record of. plement the Uniform System of Accounts counting Regulation Division. Oral arguments: List of, by date order. REGULATIONS D AN RULES Parties to individual docketed proceedings: and Reports. ADP instruction directives to supplement Bureau of Accounts and Statistics, Data Lists of, with addresses. Traffic and Capacity Data Collection ADP Processing Division. Flight schedules of air carriers. Office of Facilities and Operations, Records Services Section. Manual. Bureau of Operating Rights, Agreements Foreign aircraft permits: Copies of applica­ Bureau of Operating Rights, Supplemen­ Affiliates of air carriers, reports of ownership tions (Form 272), permits, reports of cargo tary Services Division. of stock and other interests under Part Division- operations (Form 321), and other filings in 246. Air carrier Form 41 reports, consisting of Public Reference Room. connection therewith. various financial and statistical schedules Forms used in dealing with the public: filed at various frequencies by each certifi­ Copies of forms. Office of Facilities and Operations, Publi­ cations Services Section. cated air carrier under Part 241. Air carrier “on-time” reports (Form 438), Do. List of forms showing number and title. Public Reference Room. Inclusive tours: Tour prospectuses and other Bureau of Operating Rights, Supplemen­ and quarterly compilations by market documents relating to inclusive tour charters tary Sendees Division. and carrier. y Air carrier passenger origin-destination sur­ Bureau of Accounts and Statistics, Sta' under Part 378. vey reports (Form 2787), domestic only. tistical Division. International Air Transport Association (IATA) Bureau of Economics, IATA Rates and resolutions, minutes, and other IATA ma­ Fares Section; Bureau of Operating (Subject to prior staff use. Cost of separa­ tion and deletion of confidential interna­ terial. Rights, Agreements Division. tional data for account of requestor.) Mail compensation: Office of Comptroller. Air freight forwarder reports (Form 244). Public Reference Room. Air carrier claims for mail pay (Forms 398 Air taxi operator reports required by various Bureau of Accounts and Statistics, Reports and 545). Control and Administration Division. Carrier payments memoranda (instructions Board orders. Air taxi operators: Commuter air carrier re­ Public Reference Room. regarding billin g). Class rate information on Form 548 (local ports of scheduled services (Form 298-C), service carriers). except Schedule T-l. Air taxi operators: Registration for exemp­ Bureau of Operating Rights, Supplemen­ Monthly listings of summarized passenger tary Services Division. loads by flight stages (Schedule T-5), ex­ tion under Part 298 (Form 298-A). Air taxi operators: Interests in and opera­ Do. cept subsidy ineligible portion. Summary of obligations and disbursements tions with large aircraft. Carrier accounting plans of specified ac­ Public Reference Room. , to air carriers (Form 470). counting and statistical procedures re­ Mileage records: Official Board records of Office of Facilities and Operations, Records quired to be filed by carriers under Part mileages. Services Section. Office of Secretary, Minutes Section. (Re­ 241. Minutes of the Civil Aeronautics Board: Ap­ Bureau of Operating Rights, Agreements proved minutes of the Board on matters that quest to be made to the Secretary.) Carrier officers and directors reports of Division. are not pending. ownership of stock and other Interests Opinions of the General Counsel. Public Reference Room. (Form 2786).

FEDERAL REGISTER, VOL. 38, NO. 37- -MONDAY, FEBRUARY 26, 1973 DESCRIPTION AND LOCATION OP RECORDS GENEXALLT AVAILABLE-----C on tin u ed DESCRIPTION AND LOCATION OP RECORDS GENERALLY AVAILABLE------c o n tin u e d Charter services performed for Military Air­ Public Reference Room. Public accountants reports and reconcilia­ Buerau of Accounts and Statistics, Reports lift Command (Form 243). tion with Form 41 reports. Control and Administration Division. Cooperative shippers association reports Do. Reports of ownership of stock and other in­ Bureau of Operating Rights, Agreements (Form 244A). terests filed pursuant to Part 245, Subpart Division. Extension of credit to political candidates Do. B. report (Form 183). Reports of a miscellaneous nature filed pur­ Office of Secretary, Docket Section. Extensions of time for report filing. Do. suant to Board order. Foreign air carriers reports of ciyil aircraft Do. Scheduled all-cargo services report (Form Public Reference Room. charters (Form 217). 242). Foreign indirect air carrier reports. Bureau of Accounts and Statistics, Reports Supplemental air carrier special reports, as Bureau of Accounts and Statistics, Reports Control and Administration Division. required under § 385.17(J). Control and Administration Division. Freight loss and damage claims reports Public Reference Room. Unaccommodated passenger reports (Form Public Reference Room. (Form 239). 250). Bureau of Accounts and Statistics, Reports Freight traffic and revenues in Puerto Rico Waivers of accounting and reporting require­ Do. market (Form T -9 4 ). Control and Administration Division. ments and record retention. Insurance certificates and notices: Route and service authorizations: Do. Office o f Facilities and Operations, Records Air freight forwarders certificates of in­ “Book of Official CAB Airline Route Maps Services Section. surance (Form 350). and Alrport-to-Airport Mileages (publi­ Air taxi operators certificates of insurance Bureau of Operating Rights, Supplemen­ cation) . (Form 257) and standard endorsements tary Services Division. Certificates of public convenience and neces­ (Form 262). sity. Supplemental air carriers: Certificates of Bureau of Accounts and Statistics, Reports Foreign air carrier permits. insurance and endorsements (Forms 606, Control and Administration Division. Historic and current records and indexes of 607 and 608). points served, airports, dates of service in­ REGULATIONS AND RULES Notice of cancellation of insurance by in­ Do. auguration, service deletions, suspensions surer (Form 609A). and restorations, and Board actions affect­ Notice of cancellation of insurance by car­ Do. ing carrier service authorizations. rier (Form 609B). Settlement documentation filed under Rule 215 Office o f Secretary, Docket Section. International Civil Aviation Organization Do. of the Board’s rules of practice. statistical report (ICAO Form C ). Statements of authorization for off-route Local service carrier summarized passenger Office of Comptroller. Bureau of Operating Rights, Supplemen­ charter trips by foreign air carriers (Part tary Services Division. loads by flight schedule (Schedule T-5), 212): Copies of applications for, filings in except subsidy ineligible portions. connection therewith and copies of author­ MAC charter services reports, consisting of Public Reference Room. izations. financial and statistical schedules (Form 243). Study group charters: Tour prospectuses and Bureau of Operating Rights, Supplemen­ Magnetic tapes prepared by the Board from other documents relating to study group tary Services Division. Bureau of Accounts and Statistics, Data charters under Part 373. reports filed by air carriers. Processing Division. Manual of ADP instructions for traffic and Do. Tariff matters: Bureau of Economics, Tariffs Section. capacity data collection and related ma­ Agent matters: terials. Alternate agents’ affidavits as to disability Manuals of air carrier accounts and reporting Bureau of Accounts and Statistics Account­ of principal tariff publishing agent. instructions prescribed by the Board. ing Regulation Division. Corporate tariff agents’ designation of is­ suing officer. Manual of instructions to air carriers for pas­ Bureau of Accounts and Statistics, Sta­ senger origin-destination survey statistics tistical Division. Powers of attorney (issued by carriers to and related materials. tariff publishing agents). Tariff publishing instructions (from car­ National Air Carrier Association (NACA), Bureau of Accounts and Statistics, Reports riers to agents). commercial charter exchange activity, Control and Administration Division. membership roster and flight data (Form Certifications of tariff publications and re­ 492). quests for copies. Concurrences (issued by carriers to tariff Origin-destination survey of airline passen­ Bureau of Accounts and Statistics, Statisti­ publishing carriers). ger traffic, domestic data and outputs. cal Division. Correspondence with carriers or agents re­ Observations of the Director to air carriers, Bureau of Accounts and Statistics, Ac­ questing correction of Part 221 violations requesting or transmitting specific infor­ counting Regulation Division. in tariffs. mation to supplement or amplify reports. Free or reduced-rate transportation: Passengers denied confirmed space (Form Public Reference Room. 251). Access to aircraft or free-transportation re­ quests (SF 160). Passenger origin-destination directives, to Bureau of Accounts and Statistics, Statis­ Application for, under § 223.8 o f Economic supplement Passenger O&D Manual. tical Division. Regulations. 5155

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 5156 RULES AND REGULATIONS

DESCRIPTION AND LOCATION OP RECORDS GENERALLY AVAILABLE----C o n t in u e d Federal Aviation Act or requirements there­ Carrier manuals containing instructions, under; and names, addresses, and phone numbers of TGC participants listed in Travel rules, regulations and practices govern­ Group Charter filings under Part 372a. ing issuance and interchange of passes. Reports by carriers of free transportation [FR Doc.73-3574 Filed 2-23-73;8:45 am] of technical representatives of aircraft manufacturers (§ 223.2 (c ), (d) of Eco­ Title 16— Commercial Practices nomic Regulations). Postponed Board actions: Notices of, on tar­ CHAPTER I— FEDERAL TRADE iffs filed on 45 days’ notice, and not acted COMMISSION upon by Board 15 days prior to effective [Docket No. C-2342] date, under § 399.36 of Policy Statements. PART 13— PROHIBITED TRADE Rejection notices. PRACTICES Special tariff permissions. Tariffs and tariff transmittal letters. Colonial Carpet Mills, Inc., and Tariff embargo notices. Henry Franco Trade agreements filed under Part 225 oi Subpart — Importing, manufacturing, Economic Regulations. selling, or transporting flammable wear: Waivers from Part 221 of Economic Regula* § 13.1060 Importing, manufacturing, tions. Trade association manuals. Bureau of Operating Rights, Agreements selling, or transporting flammable wear: Division.. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret Travel group charters: Pilings and other docu­ Bureau of Operating Rights, Supplemen­ or apply sec. 5, 38 Stat. 719, as amended, 67 ments relating to travel group charter filings tary Services Division. Stat. I l l , as amended; 15 U.S.C. 45, 1191) under Part 372a (excluding names, addresses [Cease and desist order, Colonial Carpet and phone numbers of TGC participants). Mills, Inc. et al., Union City, Calif., Docket No. C-2342, Jan.16,1973] Unpublished statistical compilations: Air carrier route miles statistics, quarterly Bureau of Accounts and Statistics, Finan­ In the Matter of Colonial Carpet Mills, compilations. cial and Traffic Reports Section. Inc., a Corporation, and Henry Interim quarterly financial reports of air car­ Do. Franco, Individually and as an Offi­ riers: Selective summarization of balance cer of the Corporation. sheet factors, first three quarters. Consent order requiring a Union City, International Civil Aviation Organization re­ Bureau of Accounts and Statistics, Reports Calif., manufacturer and seller of carpets Control and Administration Division. ports: Summarization of selected financial and rugs, among other things, to cease and statistical data. Votes of Board members: Pinal votes of Board Office o f Secretary, Minutes Section. (Re­ manufacturing, for sale, selling, import­ members in Board proceedings. quest to be made to Secretary.) ing, or distributing any fabric, material, or related product which fails to con­ form to an applicable standard of flam­ A p p e n d ix B of airline passenger traffic (international); MAC charter rate information submitted in mability or regulation issued under the TYPES OF RECORDS GENERALLY EXCLUDED advance of MAC rate proceedings; on-line provisions of the Flammable Fabrics Act, FROM AVAILABILITY origin and destination of traffic of commuter as amended. The following list contains by way of ex­ air carriers (Schedule T -l, Form 298-C); ma­ The order to cease and desist, includ­ ample those records which are “exempted terials related to informal subsidy confer­ ing further order requiring report of records” under this part. The examples of ences; air carrier service segment data sub­ compliance therewith, is as follows: exempted records are listed according to the mitted under Part 241; air carrier dr air It is ordered, That respondent Colonial carrier organization letters, information or applicable subsections o f 5 U.S.C. 552(b). Carpet Mills, Inc., a corporation, its suc­ (1) Documents classified pursuant to Ex­ views used in developing U.S. positions in ecutive Order No. 10501. Classified Board international aviation matters; and names, cessors and assigns, and its officers, and minutes and classified exhibits in formal addresses, and phone numbers of TGC par­ respondent Henry Franco, individually proceedings. ticipants listed in Travel Group Charter and as an officer of said corporation and (2) Personnel rules and practices. Piles filings under Part 372a. respondents’ agents, representatives, and pertaining to the Board’s personnel. (5) Inter/intra-agency memoranda. Board- employees directly or through any corpo­ Minutes involving items that are pending, ration, subsidiary, division, or other de­ Technical manuals and instructions per­ and Minutes not approved. taining to the Board’s audit oi carrier ac­ Reference or supporting material keyed to vice, do forthwith cease and desist from counts. the Board Minutes. manufacturing for sale, selling, offering (3) Material exempted "by statute. Matter Copies of Board decisions awaiting Presi­ for sale, in commerce, or importing into which heretofore has been exempted from dential action. the United States, or introducing, deliv­ public disclosure under sections 902(f) and Notation, calendar, and for information ering for introduction, transporting or 1104 of the Federal Aviation Act, or by spe­ memoranda. causing to be transported in commerce, cific Board order will continue to be exempt. Budget, management, program evaluation, or selling or delivering after sale or ship­ Such matters include carrier audit papers records disposal, research planning and pro­ and correspondence relating thereto, and gram llles. ment in commerce, any product, fabric, matters on which the Board has granted a Internal memoranda on'the Administra­ or related material; or manufacturing motion for nondisclosure pursuant to § 302.39 tive Conference of the United States. for sale, selling, or offering for sale, any of its rules of practice. Staff analyses not published by the Board. product made of fabric or related mate­ (4) ' Trade secrets and commercial or fi­ Files regarding Board requisitions, equip­ rial which has been shipped or received nancial information. Past or future matter ment, and space. in commerce, as “commerce,” “product, submitted to the Board in confidence but for Memoranda regarding interagency commit­ “fabric,” and “related material,” are de­ which no formal request under § 302.39 o f tees. fined in the Flammable Fabrics Act, as the Board’s rules of practice has been made Intergovernmental communications on and granted will be held in confidence by loan guarantee matters. amended, which product, fabric, or re­ the Board to the extent deemed allowable. Research and legislative reference files of lated material fails to conform to an This provision refers solely to unpublished the General Counsel. applicable standard or regulation con­ materials the disclosure of which would be Memoranda and studies regarding Board tinued in effect, issued or amended under inconsistent with the intent of the Freedom positions in international aviation matters. the provisions of the aforesaid Act. of Information Act. No assurance of with­ Developmental files, research materials, It is further ordered, That respondents holding material is implied by this, however, and workpapers. notify all of their customers who hav and affected persons should formally request (6) Invasion of personal privacy. Corre­ purchased or to whom have been deliv­ withholding under § 302.39 where they deem spondence and inquiries regarding Board ered the products which gave rise to tn it necessary to protect their interests. personnel. Examples of confidential matters under Individual personnel files and records. complaint, of the flammable nature recall this subsection include: Carrier accounting (7) Law enforcement investigatory files. said products and effect the manuals; local service carrier passenger loads Formal and informal Internal investigatory said products from such customers. by flight schedules (Schedule T-5, subsidy files of the Bureau of Enforcement or other It is further ordered, That the re­ ineligible portion); origin-destination survey Bureaus regarding alleged violations of the spondents herein either process *

FEDERAL REGISTER, VOL. 38, NO . 37— M O ND AY, FEBRUARY 26, 1973 RULES AND REGULATIONS 5157

products which gave rise to the com­ [Docket No. 8861] fers a loss or theft of credit cards is plaint so as to bring them into con­ PART 13— PROHIBITED TRADE legally responsible and will have to pay formance with the applicable standard PRACTICES for all goods and services obtained by un­ of flammability under the Flammable authorized use of his credit cards. Fabrics Act, as amended, or destroy said Credit Card Service Corporation, and John P. Ferry 2. Representing, directly or by implica­ products. tion, that the potential liability which a It is further ordered, That respondents Subpart—Advertising falsely or mis­ cardholder may incur through the un­ herein shall, within ten (10) days after leadingly: § 13.10 Advertising falsely or authorized use of his credit cards may service upon them of this order, file with misleading; § 13.73 Formal regulatory amount to sums large enough to cause the Commission a special report in writ­ and statutory requirements; § 13.225 large financial loss or financial ruin. ing setting forth the respondents’ inten­ Services. Subpart— Misrepresenting one­ 3. Representing, directly or by implica­ tions as to compliance with this order. self and goods—Services: § 13.1843 tion that respondents’ services can pro­ This special report shall also advise the Terms and conditions. Subpart—Neglect­ tect a credit cardholder from large Commission fully and specifically con­ ing, unfairly or deceptively, to make ma­ financial loss or financial ruin resulting cerning (1) the identity of the products terial disclosure: § 13.1852 Formal from unauthorized use of his credit cards. which gave rise to the complaint, (2) regulatory and statutory requirement; 4. Representing, directly or by implica­ the identity of the purchasers of said §13.1905 Terms and conditions. Sub­ tion, that a credit cardholder can incur products, (3) the amount of said prod­ part—Offering unfair, improper, and de­ any liability resulting from the unau­ ucts on hand and in the channels of com­ ceptive inducements to purchase or deal: thorized use of his credit cards, except to merce, (4) any action taken and any § 13.2015 Opportunities in product of the extent expressly provided for in Pub­ further actions proposed to be taken to service; §13.2080 Terms and conditions. lic Law 91-508. notify customers of the flammability of (Sec. 6, 38 Stat. 721; 15 TJ.S.C. 46. Interprets said products and effect the recall of 5. Failing to incorporate the following or applies sec. 5, 38 Stat. 719, as amended; notice clearly and conspicuously in any said products from customers, and the 15 U.S.C. 45) (Cease and desist order, Credit results thereof, (5) any disposition of Card Service Corp., et al., Alexandria, Va., written material offering the sale of re­ said products since January 21,1972, and Docket No. 8861, Jan. 19,1973). spondents’ credit card registration serv­ ice to the public: (6) any action taken or proposed to be In the Matter of Credit Card Service taken to bring said products into con­ Corp., a Corporation, Doing Busi­ Effective January 24, 1971, a Federal law provides that a cardholder has no liability formance with the applicable standard ness as Credit Card Service Bureau, of flammability under the Flammable for unauthorized use of his credit card unless and John P. Ferry, Individually and all of the following four conditions are met. Fabrics Act, as amended, or to destroy as an Officer of Said Corporation. If the card issuing company (1) has notified said products, and the results of such Order requiring an Alexandria, Va., you of your new limited liability, (2) * has action. Respondents will submit with provided you with a prestamped envelope by their report, a complete description of seller of memberships in a credit card which to notify them of a loss, (3) the card each style of carpet or rug currently in registration service, among other things contains an approved method of identifica­ inventory or production. Upon request, to cease representing that a credit card­ tion, and (4) the use occurred before the card respondents will forward to the Com­ holder is responsible for payment of all issuer is notified, then your liability is lim­ mission for testing a sample of any such goods and services obtained by unau­ ited to $50 per card. carpet or rug. thorized use of his credit cards; repre­ 6. Failing to incorporate the following It is further ordered, That respondents senting that potential liability incurred notice clearly and conspicuously in any notify the Commission at least 30 days through unauthorized use of his card radio or television commercial offering prior to any proposed change in the may amount to sums large enough to the sale of respondents’ credit card regis­ corporate respondent such as dissolu­ cause financial loss or ruin; representing tration service to the public: tion, assignment, or sale resulting in the that ^respondent’s service can protect credit cardholders from substantial A Federal law limiting liability to a maxi­ emergence of a successor corporation, mum of $50 per card protects you from the creation or dissolution of subsidiaries financial loss or ruin; failing to incorpo­ charges on lost or stolen credit cards. Along or any other change in the corporation rate in writen material or radio or tele­ with your membership application Credit which may affect compliance obligations vision commercials a statement to the Card Service Corp. will give you details con­ arising out of order. effect that a January 1971, Federal law cerning this law. limits liability to $50 for unauthorized It is further ordered, That the J 7. Failing to provide each prospective dividual respondent named hen use of credit cards; and failing to pro­ vide prospective customers with the customer who responds to a radio or tele­ promptly notify the Commission of t vision commercial offering the sale of above-required information. discontinuance of his present busin* respondents’ credit card registration or employment and of his affiliation w; The order to cease and desist, includ­ service with the notice required by para­ a new business or employment. Su ing further order requiring report of graph 5. compliance therewith, is as follows: notice shall include respondent’s curre It is further ordered, That respondents business or employment in which he It is ordered, That respondents Credit shall forthwith deliver a copy of this engaged as well as a description of 1 Card Service Corp., a corporation, its order to cease and desist to all present auties and responsibilities, successors and assigns, doing business and future personnel of respondents or It is further ordered, That the i as Credit Card Service Bureau or under other persons engaged in the offering for spondent corporation shall forthwi any other name, and its officers, and sale, or sale of respondents’ services or in istnbute a copy of this order to ea John P. Ferry, individually and as an any aspect of preparation, creation, on oi its operating divisions. officer of said corporation, and respond­ planning of advertising, and that re­ f further ordered, That the i ents’ agents, representatives, and em­ spondents obtain a signed statement ac­ Pondents herein shall, within sixty (6 ployees, directly or through any corpo­ knowledging receipt of said order by each nrJf ! ter service upon them of tl rate or other device, in connection with such person. in der> file with the Commission a rep< the advertising, offering for sale or sale It is further ordered, That respondents notify the Commission at least thirty mQ^fltlng setting forth in detail t of their credit card registration service, pnm«vrJand f°rm in which they ha (30) days prior to any proposed change complied with this order. through the sale of memberships or by within the corporate respondent, such as fssued January 16, 1973. any other device, in commerce, as “com­ dissolution, assignment or sale resulting merce” is defined in the Federal Trade in the emergence of a successor corpora­ By the Commission. Commission Act, do forthwith cease and tion, the creation or dissolution of sub­ tsEAL] C harles A . T o b in , desist from: sidiaries, or any other change in the cor­ Secretary. 1. Representing, directly or by impli­poration which may affect compliance [FR Doc.73-3518 Filed 2-23-73;8:45 am] cation, that a credit cardholder who suf­ obligations arising out of this order.

FEDERAL REGISTER, VOL. 38, NO. 37— M O ND AY, FEBRUARY 26, 1973 5158 RULES AND REGULATIONS

It is further ordered, That the respond­ wearing apparel, the manufacturer, im­ days after service upon it of this order, ents herein shall, within sixty (60) days porter or wholesaler of which has not file with the Commission a report in after service upon them of this order, file furnished a guaranty under section 8 (a) writing setting forth in detail the man­ with the Commission a report in writing, of the Flammable Fabrics Act, as ner and form in which it has complied setting forth in detail the manner and amended ; and which ladies’ scarves, arti­ with this order. form in which they have complied with cles of wearing apparel and fabric fail Issued January 17,1973. this order. to conform to an applicable standard or regulation, issued, amended, or contin­ By the Commission. Issued January 19,1973. ued in effect under the provisions *of the [ seal] C harles A . T obin, By the Commission. Commissioners aforesaid Act; provided, however, noth­ Secretary. Kirkpatrick and MacIntyre not partic­ ing herein shall accord to the respondent ipating. im m u n ity from any subséquent proceed­ [FR Doc.73-3520 Filed 2-23-73;8:45 am] ings under section 3, 6(a) or 6(b) of the [ seal] C harles A. T o b in ,1 Secretary. Flammable Fabrics Act, as amended. [Docket No. C-2343] Further, nothing herein shall limit the [FR Doc.73-3519 Filed 2-23-73;8:45 am] authority of the Commission to extend PART 13— PROHIBITED TRADE the terms of the order to products, fab­ PRACTICES [Docket No. C-2345] rics or related materials presently ex­ Marnacraft Carpet Co., Ltd., and cluded from this order in any subsequent Reginald W. Crouch PART 13— PROHIBITED TRADE proceeding against the respondent. PRACTICES Subpart—Importing, manufacturing, It is further ordered, That respondent selling, or transporting flammable wear: Gimbel Bros., Inc. notify all of its customers who have pur­ § 13.1060 Importing, manufacturing, Subpart—Importing, manufacturing, chased or to whom have been delivered selling, or transporting flammable wear. the products which gave rise to the com­ selling, or transporting flammable wear: (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret § 13.1060 Importing, manufacturing, sell­ plaint and who can reasonably be iden-r tified, of the flammable nature of said or apply sec. 5, 38 Stat. 719, as amended, 67 ing, or transporting flammable wear. Stat. I l l , as amended; 15 U.S.C. 45, 1191) products, and effect the recall of said [Cease and desist order, Marnacraft Carpet (Sec. 6, 38 Stat. 721; 15 TT.S.C. 46. Interpret products from such customers. Co., Ltd., et al., Dalton, Ga., Docket No. or apply sec, 5, 38 Stat. 719, as amended, 67 It is further ordered, That the re­ Stat. I l l , as amended; 15 US.C. 45, 1191) C-2343, Jan. 16, 1973] spondent herein either process the prod­ (Cease and desist order, Gimbel Bros., Inc., In the Matter of Marnacraft Carpet Co., ucts which gave rise to the complaint New York, N.Y., Docket No. C-2345, Jan. 17, Ltd., et al., a Corporation, and Regi­ so as to bring them into conformance 1973) nald W. Crouch, Individually and as with the applicable standard of flamma­ an Officer of the Corporation In the Matter of Gimbel Brothers, Inc., a bility under the Flammable Fabrics Act, Corporation as amended, or destroy said products. Consent order requiring a Dalton, Ga., Consent order requiring a New York It is further ordered, That the re­ manufacturer and seller of carpets and City manufacturer and seller of ladies’ spondent herein shall, within thirty (30) rugs, among other things, to cease manu­ scarves and other wearing apparel, days after service upon it of this order, facturing for sale, selling, importing, or among other things to cease manufac­ file with the Commission a special report distributing any fabric, material, or re­ turing, selling, importing, or dis­ in writing setting forth the respondent’s lated product which fails to conform to tributing any fabric, product, or related intentions as to compliance with this an applicable standard of flammability material which fails to conform to an order. This special report shall also ad­ or regulation issued under the provisions applicable standard of flammability or vise the Commission fully and specifi­ of the Flammable Fabrics Act, as regulation issued under the provisions cally concerning, (1) the identity of the amended. of the Flammable Fabrics Act, as products which gave rise to the com­ The order to cease and desist, includ­ amended. plaint, (2) the number of said products ing further order requiring report of The order to cease and desist, includ­ in inventory, (3) any action taken and compliance therewith, is as follows: ing further order requiring report of any further actions proposed to be taken It is ordered, That respondent Marna­ compliance therewith, is as follows: to notify customers of the flammability craft Carpet Co., Ltd., a corporation, its It is ordered, That respondent Gimbel of said products and effect the recall of successors and assigns, and its officers, Bros., Inc., a corporation, its suces- said products from customers, and of the and respondent Reginald W. Crouch, in­ sors and assigns, and its officers, agents, results thereof, (4) any disposition of dividually and as an officer of said cor­ representatives, and employees, directly said products since February 7,1968, and poration and respondents’ agents, repre­ or through any corporation, division or (5) any action taken or proposed to be sentatives, and employees directly or other device, do forthwith cease and taken to bring said products into con­ through any corporation, subsidiary, di­ desist from selling, offering for sale, in formance with the applicable standard vision, or other device, do forthwith cease commerce, or importing into the United of flammability under the Flammable and desist from manufacturing for sale, States, or introducing, delivering for in­ Fabrics Act, as amended, or destroy said selling, offering for sale, in commerce; troduction, transporting or causing to be products, and the results of such action. or importing into the United States, or transported in commerce, or selling or Upon request of the Commission the introducing, delivering for introduction, delivering after sale or shipment in respondent shall submit samples of transporting, or causing to be trans­ commerce, any ladies’ scarves; or any ladies’ scarves to the Commission. ported, in commerce; or selling or deliv­ article of wearing apparel, or fabric in­ It is further ordered, That respondent ering after sale or shipment in commerce, tended for use or which may reasonably notify the Commission at least 30 days any product, fabric, or related material, be expected to be used in an article of prior to any proposed change in the or manufacturing for sale, selling, or oi- wearing apparel, imported by or manu­ corporate respondent, such as dissolu­ fering for sale, any product made oi factured under the control or direction tion, assignment, or sale resulting in the fabric or related material which has been of Gimbel Bros., Inc., as the terms “com­ emergence of a successor corporation, the shipped or received in commerce, a» merce”, and “article of wearing apparel” creation or dissolution of subsidiaries or “commerce,” “product,” “fabric,” “ related material,” are defined in “ i are defined in the Flammable Fabrics any other change in the corporation which may affect compliance obligations Flammable Fabrics Act, as amend > Act, as amended; or any other article of arising out of this order. which product, fabric, or related materi wearing apparel, or fabric which is in­ It is further ordered, That the re­ fails to conform to an applicable stand­ tended for use or which may reasonably spondent corporation shall forthwith ard or regulation continued in cnee , be expected to be used In an article of distribute a copy of this order to each issued or amended under the provisio of its operating divisions. of the aforesaid Act. It is further ordered, That resjwnden 1 Appendices A and B filed as part of the It is further ordered, That the re­ original documents. spondent herein shall, within sixty (60) notify all of their customers who na

FEDERAL REGISTER, VOL. 38, NO. 37— M O NDAY, FEBRUARY 26, 1973 RULES AND REGULATIONS 5159 purchased or to whom have been de­ It is further ordered, That the respond­ fabric, or related material fails to con­ livered the products which gave rise to ent corporation shall forthwith distribute form to an applicable standard or regu­ this complaint, of the flammable nature a copy of this order to each of its oper­ lation continued in effect, issued or of said products and effect the recall of ating divisions. amended under the provisions of the said products from such customers. It is further ordered, That the respond­ aforesaid Act. It is further ordered, That the re­ ents herein shall within sixty (60) days It is further ordered, That respondents spondents herein either process the after service upon them of this order, notify all of their customers who have products which gave rise to the com­ file with the Commission a report in writ­ purchased or to whom have been de­ plaint so as to bring them into conform­ ing setting forth in detail the manner livered the products which gave rise to ance with the applicable standard of and form in which they have cpmplied this complaint, of the flammable nature flammability under the Flammable with this order. of said products and effect the recall of Fabrics Act, as amended, or destroy said» said products from such customers. Issued: January 16,1973. products. It is further ordered, That the re­ It is further ordered, That the provi­ By the Commission. spondents herein either process the sions of this order with respect to custo­ [ seal] C harles A. T obin , products which gave rise to the com­ mer notification, recall and processing Secretary. plaint so as to bring them into con­ or destruction shall be applicable to formance with the applicable standard “Modapt HD” style carpets as designated [FR Doc.73-3521 Filed 2-23-73; 8:45 am] of flammability under the Flammable in subparagraph 1 of paragraph 2 of the Fabrics Act, as amended, or destroy said complaint giving rise to this order, and [Docket No. C-2344] products. any other styles determined to be in vio­ PART 13— PROHIBITED TRADE It is further ordered, That respondents lation of the Flammable Fabrics Act, as PRACTICES herein shall within ten (10) days after amended, prior to the date of acceptance, service upon them of this order, file with by the Commission of the final compli­ Pan Pacific Carpets, Inc., arid the Commission a special report in writ­ Arnold Schoch ance report. ing setting forth the respondents’ inten­ It is further ordered, That respondents Subpart—Importing, manufacturing, tions as to compliance with this order. herein shall, within ten (10) days after selling, or transporting flammable wear: This special report shall also advise the service upon them of this order, file with § 13.1060 Importing, manufacturing, Commission fully and specifically con­ the Commission a special report in writ­ selling, or transporting flammable wear. cerning (1) the identity of the products ing setting forth the respondents’ inten­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret which gave rise to the complaint, (2) the tions as to compliance with this order. or apply sec. 5, 38 Stat. 719, as amended, 67 identity of the purchasers of said prod­ This special report shall also advise the Stat. I ll, as amended; 15 U.S.C. 45, 1191) ucts, (3) the amount of said products on Commission fully and specifically con­ (Cease and desist order, Pan Pacific Carpets, hand and in the channels of commerce, cerning (1) the identity of the products Inc. et al., Los Angeles, Calif., Docket No. (4) any action taken and any further which gave rise to the complaint, (2) the C-2344, Jan.16,1973) actions proposed to be taken to notify identity of the purchasers of said prod­ In the Matter of Pan Pacific Carpets, customers of the flammability of said ucts, (3) the amount of said products on Inc., a Corporation, and Arnold products and effect the recall of said hand and in the channels of commerce, Schoch, Individually and as an Of­ products from customers, and of the re­ (4) any action taken and any further ficer of Said Corporation sults thereof, (5) any disposition of said actions proposed to be taken to notify products since April 25,1972, and (6) any customers of the flammability of said Consent order requiring a Los Angeles, action taken or proposed to be taken to Calif., manufacturer and seller of carpets products and effect the recall of said bring said products into conformance products from customers, and the results and rugs, among other things to cease with the applicable stahdard of flamma­ manufacturing for sale, selling, import­ thereof, (5) any disposition of said prod­ bility under the Flammable Fabrics Act, ucts since March 17, 1972 and (6) any ing, or distributing any fabric, material, as amended, or to destroy said products, action taken or proposed to be taken to or related product which fails to conform and the results of such action. Respond­ bring said products into conformance to an applicable standard of flammabil­ ents will submit with their report, a com­ with the applicable standard of flam­ ity or regulation issued under the provi­ plete description of each style of carpet mability under the Flammable Fabrics sions or the Flammable Fabrics Act, as or rug currently in inventory nr produc­ Act, as amended, or to destroy said prod­ amended. tion. Upon request, respondents will for­ ucts, and the results of such action. Re­ The order to cease and desist, includ­ ward to the Commission for testing a spondents will submit with their report, ing further order requiring report of sample of any such carpet or rug. a complete description of each style of compliance therewith, is as follows: It is further ordered, That respondents carpet or rug currently in inventory or It is ordered, That respondent Pan notify the Commission at least 30 days Woauetipn.' Upon request, respondents Pacific Carpets, Inc., a corporation, its prior to any proposed change in the will forward to the Commission for test­ successors and assigns, and its officers, corporate respondent such as dissolution, as a sample of any such carpet or rug. and respondent, Arnold Schoch, individ­ assignment, or sale resulting in the It is further ordered, That respondents ually and as an officer of said corporation emergence of a successor corporation, notify the Commission at least 30 days and respondents’ agents, representatives, the creation or dissolution of subsidi­ prior to any proposed change in the cor­ and employees directly or through any aries or any other change in the corpo­ porate respondent such as dissolution, corporation, subsidiary, division, or other ration which may affect compliance ob­ ignment, or sale resulting in the emer- device, do forthwith cease and desist ligations arising out of the order. s nee of a successor corporation, the cre- from manufacturing for sale, selling, o f­ It is further ordered, That the individ­ on or dissolution of subsidiaries or any fering for sale, in commerce, or import­ ual respondent named herein promptly « change in the corporation which ing into the United States, or introduc­ notify the Commission of the discon­ a.ffec^ compliance obligations aris­ ing, delivering for introduction, trans­ tinuance of his present business or em­ ing out of the order. porting, or causing to be transported in ployment and of his affiliation with a new jf further ordered, That the individ- commerce, or selling or delivering after business or employment. Such notice ,n J 5 Pv°ndent named herein promptly sale or shipment in commerce, any prod­ shall include respondent’s current busi­ an™5!* ,f Commission of the discontinu- uct, fabric, or related material; or manu­ ness or employment in which he is en­ j present business or employ- facturing for sale, selling or offering for gaged as well as a description of his budn„and of bis affiliation with a new sale, any product made of fabric omre- duties and responsibilities. emPloyment. Suòli notice lated material which has been shipped It is further ordered, That the re­ np„„ b^ude respondent’s current busi- or received in commerce, as “commerce,” spondent corporation shall forthwith gaePfi r«employment bi which he is en- “product,” “fabric,” and “related ma­ dutSo^weU 35 a description of his terial” are defined in the Flammable distribute a copy of this order to each nuties and responsibilities. Fabrics Act, as amended, which product, of its operating divisions.

FEDERAL REGISTER, VOL. 38, N O . 37— M ONDAY, FEBRUARY 26, 1973 5160 RULES AND REGULATIONS

It is further ordered, That the re­ II. It is further ordered, That respond­ without the prior approval of the Fed­ spondents herein shall, within sixty (60) ent Harbor Banana Distributors, Inc., a eral Trade Commission, the whole or days after service upon them of this corporation, and its officers, representa­ any part of the stock, share capital, or order, file with the Commission a report, tives, agents, and employees, directly, assets of any concern engaged in the in writing, setting forth in detail the indirectly, or through any corporate or processing, sale, or distribution of manner and form in which they have other device, in or in connection with the bananas. complied with this order. offering to purchase or purchase of VI. It is further ordered, That re­ bananas in commerce, as “ commerce” is spondent Harbor Banana Distributors, Issued: January 16,1973. defined in the amended Clayton Act, do Inc., shall forthwith distribute a copy of By the Commission. forthwith cease and desist from: this order to each of its operating Knowingly inducing, or knowingly re­ divisions. ( [ seal] C harles A. T obin , Secretary. ceiving or accepting, from any seller a VET. It is further ordered, That re­ net price, which respondent knows or spondents United Brands, Inc., and Chi­ [FR Doc.73-3522 Filed 2-23-73;8:45 am] should know is directly, or indirectly by quita Brands, Inc., shall forthwith dis­ reason of differing terms and conditions tribute a copy o f this order to each of [Docket No. 8795-o] of sale, below the net price at which said their operating departments, divisions, products of like grade and quality are and subsidiaries engaged in the offering PART 13— PROHIBITED TRADE being sold by such seller to any other for sale, sale, or distribution of bananas. PRACTICES purchaser where respondent is competing VHL It is further ordered, That re­ United Fruit Co., et al. with the purchaser, or a customer of the spondents United Brands, Inc., Chiquita purchaser paying the higher net price. Subpart—Acquiring corporate stock or Brands, Inc., and Harbor Banana Dis­ III. It is further ordered, That Count tributors, Inc., shall notify the Federal assets: § 13.5 Acquiring corporate stock HI of the complaint be dismissed. or assets. Subpart—Discriminating in Trade Commission at least thirty (30) price under section 2, Clayton Act—Price IV. It is further ordered, That: days prior to any proposed change in Discrimination Under 2(a): § 13.715 1. Respondent Harbor Banana Dis­ their corporate organization, such as dis­ Charges and price differentials; § 13.785 tributors, Inc., a corporation, and its solution, assignment, or sale resulting in Terms and conditions—Knowingly In­ officers, directors, agents, representa­ the emergence of a successor corpora­ ducing or Receiving Discriminating Price tives, employees, subsidiaries, affiliates, tion, the creation or dissolution of sub­ Under 2 (f): § 13.855 Inducing and re­ successors, and assigns, within six (6) sidiaries, or any other change in the cor­ ceiving discriminations. months from the date of service upon poration that may affect compliance it of this order, shall divest, absolutely obligations arising out of this order. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46, interprets and in good faith, subject to the approval or applies sec. 2, 49 Stat. 1526; Sec. 7, 38 Stat. IX. It is further ordered, That re­ 731; as amended; 15 U.S.C. 13,18) (Cease and of the Federal Trade Commission, all spondents United Brands, Inc., and Chi­ desist order, United Fruit Co., et al., Long assets,'properties, rights and privileges, quita Brands, Inc., shall within sixty Beach, Calif., Docket No. 8795, Jan. 12, 1973) tangible and intangible, including, but (60) days after service on them of this not limited to, all plants, equipment, and order, file with the Commission a report In the Matter of United Fruit Co., a Cor­ machinery acquired by Harbor Banana poration, United Fruit Sales Corp., in writing setting forth in detail the Distributors, Inc., as a result of its ac­ manner and form in which they have a Corporation, and Harbor Banana quisition of the Charles C. McCann Co., Distributors, Inc., a Corporation complied with the order to cease and and Tradewinds Produce, Inc., together desist. Order requiring, the largest banana with the goodwill created by the use of X. It is further ordered, That Harbor jobber in the United States, located in such assets, and all additions and im­ Banana Distributors, Inc., shall within Long Beach, Calif., to sell its major com ­ provements thereto, of whatever de­ sixty (60) days after service on it of this petitor in the Los Angeles area which it scription, so as to restore that which order, and every sixty (60) days there­ acquired in 1968; to stop knowingly in­ formerly made up the Charles C. McCann after until it has fully complied with the ducing discriminatory prices; and to not Co., and Tradewinds Produce, Inc., as a provisions of this order, submit in writ­ make any acquisition of any banana firm viable competitive entity in the business ing to the Federal Trade Commission a for the next 10 years without prior Fed­ of processing, selling, and distributing report setting forth in detail the manner eral Trade Commission approval. bananas. and form in which it intends to comply, Order requiring the largest importer of 2. None of the assets, properties, is complying and/or has complied with bananas in the Los Angeles market, to rights, or privileges, described in para­ this order. All- compliance reports shall stop discriminating in price among pur­ graph IV, 1., of this order, shall be di­ include, among other things that will chasers of their bananas. vested directly or indirectly, to any per­ be from time to time required, a sum­ The order to cease and desist, includ­ son who is, at the time of the divestiture, mary of all contacts and negotiations ing further order requiring report of an officer, director, employee, or agent, with potential .purchasers of the stock compliance therewith, is as follows: or under the control or direction of, and/or assets to be divested under this I. It is ordered, That respondents respondent Harbor Banana Distributors, order, the identity of all such potential United Brands, Inc., successor to United Inc., or any of respondent’s subsidiary or purchasers, and copies of all written com­ Fruit Co., and Chiquita Brands, Inc., affiliated corporations, or owns or con­ munications to and from such potential trols, directly or indirectly, more than successor to United Fruit Sales Corp., purchasers. corporations, and their officers, repre­ one (1) percent' of the outstanding sentatives, agents and employees, di­ shares of common stock of Harbor Ba­ Issued: January 12, 1973. rectly, indirectly, or through , any nana Distributors, Inc. By direction of the Commission, with corporate or other device, in or in con­ 3. Pending divestiture, respondent Commissioner Dennison dissenting. nection with the sale of bananas in com? Harbor Banana Distributors, Inc., shall not make or permit any deterioration in [seal] C harles A. T obin, merce, as “commerce” is defined in the Secretary. amended Clayton Act, do forthwith any of the plants, machinery, buildings, cease and desist from : equipment, or other property or assets [FR Doc.73-3523 Filed 2-23-73;8:45 am] Discriminating in the price of such of the companies to be divested that may impair their present capacity or market products of like grade and quality by [Docket No. C-2346] selling to any purchaser at a net price value, unless such capacity or value is which directly, or indirectly by reason of restored prior to divestiture. PART 13— PROHIBITED TRADE differing terms and conditions of sale, is V. It is further ordered, That respond­ PRACTICES higher than the net price charged any ent Harbor Banana Distributors, Inc., Villa Carpet Mills, Inc., and other purchaser who competes in the shall not, for a period of ten (10) years Willard L. Lewis resale of respondents’ products with the from the date of service of this order, Subpart—Importing, manufacturing, purchaser, or with customers of the pur­ acquire, directly or indirectly, through selling, or transporting flammable w chaser paying the higher price. subsidiaries, joint ventures, or otherwise,

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 RULES AND REGULATIONS 5161

§ 13.1060 Importing, manufacturing, sell­ cerning (1) the identity of the products National Security Information and Ma­ ing, or transporting flammable wear. which gave rise to the complaint, (2) the terial” , March 8, 1972 (37 FR 5209, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret identity of the purchasers of said prod­ Mar. 10, 1972), and the National Se­ or apply sec. 5, 38 Stat. 719, as amended, 67 ucts, (3) the amount of said products on curity Council Directive of May 17, 1972 Stat. Ill, as amended; 15 U.S.C. 45, 1191) hand and in the channels of commerce, (37 FR 10053, May 19, 1972). (Cease and desist order, Villa Carpet Mills, (4) any action taken and any further ac­ The Commission’s regulations have Inc., et al., Calhoun, Ga., Docket No. C-2346, tions proposed to be taken to notify cus­ been approved by the Interagency Clas­ Jan. 29, 1973) tomers of the flammability of said prod­ sification Review Committee and are In the Matter of Villa Carpet Mills, Inc., a ucts and effect the recall of said products published herein. Corporation, and Willard L. Lewis, from customers, and the results thereof, The Commission finds : (5) any disposition of said products since Individually and as an Officer of (1) The notice and effective date pro­ Said Corporation January 13, 1972, and (6) any action taken or proposed to be taken to bring visions of 5 U.S.C. 553 do not apply with Consent order requiring a Calhoun, said products into conformance with the respect to the regulations here adopted. Ga., manufacturer and seller of carpets applicable standard of flammability un­ (2) It is appropriate and in the public and rugs, among other things to cease der the Flammable Fabrics Act, as interest in administering the Federal manufacturing for sale, selling, import­ amended, or to destroy said products, and Power Act and the Natural Gas Act to ing, or distributing any fabric, product the results of such action. Respondents adopt the regulations as herein ordered. or related material which fails to con­ will submit with their report a complete The Commission, acting pursuant to form to an applicable standard of flam­ description of each style of carpet or rug the provisions of the Federal Power Act, mability or regulation issued under the currently in inventory or production. as amended, particularly section 309 (49 provisions of the Flammable Fabrics Upon request, respondents will forward Stat. 858, 859; 16 U.S.C. 825h), the pro­ Act, as amended. to the Commission for testing a sample visions of the Natural Gas Act, as The order to cease and desist, including of any such carpet or rug. amended, particularly section 16 (52 further order requiring report of com­ It is further ordered, That respondents Stat. 830, 15 U.S.C. 717o), Executive pliance therewith, is as follows: notify the Commission at least 30 days Order 11652, March 8, 1972 (37 FR 5209, It is ordered, That respondent Villa prior to any proposed change in the cor­ March 10, 1972), and the National Secu­ Carpet Mills, Inc., a corporation, and its porate respondent such as dissolution, rity Council Directive of May 17,1972 (37 successors and assigns, and its officers, assignment, or sale resulting in the emer­ FR 10053, May 19, 1972), orders: and respondent Willard L. Lewis, in­ gence of a successor corporation, the (A) Subchapter A of Chapter I, Title dividually and as an officer of said cor­ creation or dissolution of subsidiaries or 18, Code of Federal Regulations is poration and respondents’ agents, rep­ any other change in the corporation amended by adding a new Part 3a as resentatives, and employees, directly or which may affect compliance obligations through any corporation, subsidiary, arising out of the order. follows: division, or other device, do forthwith General It is further ordered, That the individ­ Sec. cease and desist from manufacturing ual respondent named herein promptly for sale, selling, offering for sale, in 3a.1 Purpose. notify the Commission of the discontinu­ 3a.2 Authority. commerce, or importing into the United ance of his present business or employ­ Classification States, or introducing, delivering for ment and of his affiliation with a new introduction, transporting, or causing to business or employment. Such notice 3a.ll Classification of official information. be transported in commerce, or selling 3a.l2 Authority to classify official informa­ shall include respondent’s current busi­ tion. or delivering after sale or shipment in ness or employment in which he is en­ commerce, any product, fabric, or re­ 3a.l3 Classification responsibility and pro­ gaged as well as a description of his cedure. - lated material; or manufacturing for duties and responsibilities. seeing, or offering for sale, any Downgrading and Declassisfication product made of fabric or related m a- It is further ordered, That the re­ spondent corporation shall forthwith dis­ 3a.21 Authority to downgrade and declas­ inn which has been shipped or received sify. m commerce, as “ Commerce,” “product,” tribute a copy of this order to each of its operating divisions. 3a.22 Declassification and downgrading. • 811(1 “rented material” are 3a.23 Review of classified material for de- defined in the Flammable Fabrics Act, It is further ordered, That the re­ classification purposes. spondents herein shall within sixty (60) S Q+S.ende? ’ which Product, fabric or days after service upon them of this Classification Markings and Special anniiVow?la^ rial to conform to an Notations standard or regulation con- order, file with the Commission a report, in writing, setting forth in detail the 3a.31 Classification markings and special thp r>rv!n- e.ffec^ issued or amended under notations. provisions^ of the aforesaid Act. manner and form in which they have complied with this order. Access to Classified Materials ents ordered, That respond- havp ad 01 ^ customers who Issued: January 29,1973. 3a.41 Access requirements. deliverprtCnfSed ° r whom have been By the Commission. Security Officers to thi

No. 37—Pt. i. -3 FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 5162 RULES AN D REGULATIONS

G eneral (2) Secret. Secret refers to national eo

FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 RULES AND REGULATIONS 5163

Confidential in the FPC shall be exer­ nator who is then required by the Execu­ endar year following the year in which cised only by the Chairman, the Vice tive Order to reexamine the classifica­ it was originated, downgraded to Con­ Chairman, and the Executive Director. tion. fidential at the end of the fourth full When an incumbent change occurs in D eclassification and D owngrading calendar year following the year in which these positions, the name of the new in­ it was originated, and declassified at the cumbent will be reported to the Inter­ § 3a.21 Authority to downgrade and end of the 10th full calendar year follow­ agency Classification Review Committee, declassify. ing the year in which it was originated. NSC. (a) The authority to downgrade and (2) Secret. Information and material § 3a. 13 Classification responsibility and declassify information or material shall originally classified Secret becomes auto­ procedure. be exercised as follows: matically downgraded to Confidential at the end of the second full calendar year (a) Each FPC official who has classi­ (1) Information or material may be downgraded or declassified by the official following the year in which it was origi­ fying authority <§ 3a.l2) shall be held nated, and declassified at the end of the accountable for the propriety of the clas­ authorizing the original classification, by a successor or by a supervisory official of eighth full calendar year following the sifications attributed to him. Unnecessary either. year in which it was originated. classification and overclassification shall (3) Confidential. Information and ma­ be avoided. Classification shall be solely (2) Downgrading and declassification authority may also be exercised by an terial originally classified Confidential on the basis of national security con­ becomes automatically declassified at the siderations. In no case shall information official specifically authorized under regulations issued by the head of the De­ end of the sixth full calendar year fol­ be classified in order to conceal ineffi­ lowing the year in which it was ciency or administrative error, to pre­ partment listed in sections 2 A and B of Executive Order 11652, March 10, 1972. originated. vent embarrassment to the FPC or any ). It also shall show the office (4) In the case of classified informa­ marking for automatic downgrading' or of origin, the date of preparation and tion or material not officially transferred declassification, will be marked or desig­ classification and, to the extent practica­ under subparagraph (3) of this para­ nated by the Chairman or the Security ble, be so marked as to indicate which graph, but originated in a department or Officer designated by § 3a.51 hereof for Portions are classified, at what level, and agency which has since ceased to exist, automatic downgrading or declassifica­ which portions are not classified in order tion in accordance with the rules and to facilitate excerpting and other use. each department or agency in possession shall be deemed to be the originating regulations of the department or agency Material which merely contains refer­ which originally classified the informa­ ences to classified materials, which ref­ department or agency for all purposes. Such information or material may be tion or material. erences do not reveal classified infor­ (d) When the FPC official having clas­ mation, shall not be classified. downgraded and declassified after con­ sulting with any other departments or sification authority downgrades or can­ (c) Material classified under this pari agencies having an interest in the sub­ cels the classification of a document be­ snail indicate on its face the identity oi ject matter. fore its classification status changes au­ he highest authority authorizing th< (5) Classified information or material tomatically, each addressee to whom the classification. Where the individual whc transferred to the General Services Ad­ document was transmitted shall be no­ «gns or otherwise authenticates a docu- ministration for accession to the Archives tified of the change unless the addressee nu -et°r !tem bas also authorized the of the United States shall be downgraded has previously advised that the document assification, no further annotation a£ and declassified by the Archivist of the was destroyed. Addressees must be no­ 0 his identity is required. United States in accordance with Ex­ tified similarly when it has been deter­ (d) Classified information or mate- ecutive Order 11652, directives of the mined that a document must be up­ . f nmished to the United States by President issued through the National graded. government or international Security Council, and pertinent regula­ (e) When classified information from garuzation shall either retain its origi- tions of the departments and agencies. more than one source is incorporated into a new document or other material, the S L - r SIfication or be assigned a U.S, § 3a.22 Declassification and downgrad­ In eith-er case’ the classi- ing. document or other material shall be tion ^s!ure a degree of protec- classified, downgraded, or declassified in g0VeZ U1Va.lent to that required by the (a) When classified information of accordance with the provisions of Ex­ tion wbSh * °r *?ternational organiza- material no longer requires the level of ecutive Order 11652 and NSC directives materialClX ^urnisbed the information or protection assigned to it, it shall be thereunder applicable to the informa­ downgraded or declassified in order to tion requiring the greatest protection. classifi^leKever information or m preserve the effectiveness and integrity (f) All information or material classi­ mcoronroZ -an authorized offi. of the classification system. The Chair­ fied prior to June 1,1972, other than that other me./ - i1? ,another docum< man, Vice Chairman, and Executive Di­ described in paragraph (b) of this sec­ rector exercise downgrading and declas­ tion, is excluded from the General Clas­ the cS ssS 1 any person othe sification authority in the FPC. sification Schedule. However, at any time (b) Information and material classi­ after the expiration of 10 years from fied prior to June 1, 1972, and assigned the date of origin it shall be subject to witl to Group 4 under Executive Order 10501, classification review and disposition by as amended by Executive Order 10964, FPC provided : tion0rAm!tho-ld,er of classified inf unless declassified earlier by the original (1) A department or agency or mem­ and resSJZ1^1, the PPC shall o classifying authority, shall be declassi­ by the o rie iw 6 classification as ber of the public requests review; fied and downgraded in accordance with (2) The request describes the record feere is S ^ t0r- If tt 18 believe« the following General Declassification with sufficient particularity to enable the a s s iS i „e1SSary classification Schedule. FPC to identify it; and 0r that t,h Z classificati°n is imj <1) Top Secret. Information or ma­ (3) The record can be obtained with a c^ificatio„ ? 6nt 18 SUbject terial originally classified TOP SECRET reasonable amount of effort. 11652 th0 ZL under Executive becomes automatically downgraded to the p p c will so inform the

FEbERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 5164 RULES AND REGULATIONS be declassified under the following con­ and material available to the public to (e) For purposes of administrative de­ ditions: the extent permitted by law. terminations under paragraph (b), (c), (1) All information and material clas­ (b) Departments and agencies and or (d) of this section, the burden is on sified after June 1,1972, will, whether or members of the public may direct re­ the FPC to show that continued classifi­ not declassification has been requested, quests for review for declassification, as cation is warranted. Upon a determina­ become automatically declassified at the described in § 3a.22 (f), to : tion that the classified material'no longer warrants classification, it will be end of 3.0 full calendar years after the Office o f the Secretary, Federal Power Com­ date of its original classification except mission, Washington, D.C. 20426. declassified and made available to the re­ for such specifically identified informa­ quester if not otherwise exempt from disr tion or material which the Chairman The Office of the Secretary will assign closure under section 552(b) of titles, personally determines in writing to re­ the request to the appropriate Bureau U.S.C. (Freedom of Information Act) or quire continued protection because such or Office for action and will acknowledge other provisions of law. continued protection is essential to the in writing the receipt of the request. If (f) A request for classification review national security, or disclosure would the request requires the rendering of must describe thé document with suffi­ place a person in immediate jeopardy. services for which fair and equitable fees cient particularity to enable the FPC to In such case, the Chairman also will should be charged pursuant to title 5 of identify it and obtain it with a reason­ specify the period of continued classi­ the Independent Offices Appropriations able amount of effort. Whenever a re­ fication. Act, 1952, 31 U.S.C. 483a, the requester quest is deficient in its description of the shall be so notified. The Bureau or Office (2) All information and material clas­ record sought, the requester will be asked which is assigned action will make a de­ to provide additional identifying infor­ sified before June 1, 1972 and more than termination within 30 days of receipt or 30 years old will be systematically re­ mation whenever possible. Before deny­ explain why further time is necessary. If ing a request on the ground that it is viewed for declassification by the Ar­ at the end of 60 days from receipt of the chivist of the United States by the end unduly burdensome, the requester will be request for review no determination has asked to limit his request to records that of the 30th full calendar year following been made, the requester may apply to the year in which it was originated. In are reasonably obtainable. If the re­ the PPC Review Committee (paragraph quester then does not describe the rec­ his review, the Archivist will separate (g) of this section) for a determination. and keep protected only such information ords sought with sufficient particularity, Should the Bureau or Office assigned the or the record requested cannot be ob­ or material as is specifically identified action on a request for review determine by the Chairman in accordance with tained with a reasonable amount of ef­ that under the criteria set forth in sec­ fort, the requester will be notified of the paragraph (g)(1) of this section. In such tion 5(B) of Executive Order 11652 con­ case, the Chairman also will specify the reasons why no action will be taken and tinued classification is required, the of his right to appeal such decision. period of continued classification. requester will be notified promptly and, (3) The Executive Director, acting for (g) The FPC Review Committee will whenever possible, provided with a brief consist of the Executive Director, as the Chairman, is assigned to assist the statement as to why the requested infor­ Archivist of the United States in the Committee Chairman, the Secretary, and mation or material cannot be declassi­ the Director, Office of Public Informa­ exercise of his responsibilities indicated fied. The requester may appeal any such in paragraph (g) (2) of this section. He tion, as members. In addition to the ac­ determination to the FPC Review Com­ tivities described in this paragraph, the will: mittee and the notice of determination Review Committee has authority to act (i) Provide guidance and assistance to will advise him of this right. on all suggestions and complaints with archival employees in identifying and (c) The FPC Review Committee will respect to administration of Executive separating those materials originated in establish procedures to review and act Order 11652 and this Part 3a. PPC which are deemed to require con­ within 30 days upon all applications and tinued classification; and (h) The FPC Review Committee is also appeals regarding requests for declassi­ responsible for recommending to the (ii) Develop a list for submission to fication. The chairman, acting through chairman appropriate administrative ac­ the Chairman which identifies the mate­ the committee, is authorized to overrule tion to correct abuse or violation of any rials so separated, with recommendations previous determinations in whole or in provision of Executive Order 11652 or concerning continued classification. The part when, in its judgment, continued NSC directives thereunder, including no­ Chairman will then make the determina­ protection is no longer required. If the tifications by warning letter, formal rep­ tion required under paragraphs (g) (1) committee determines that continued rimand, and to the extent permitted by and (2) of this section and cause a list classification is required under the cri­ law, suspension without pay and removal. to be created which identifies the docu­ teria of section 5(B) of Executive Order ments included in the determination, 11652, it will promptly so notify the re­ (i) The Chairman of the Review Com* indicates the reason for continued classi­ quester and advise him that he may mittee will submit through the chair­ fication, and specifies the date on which appeal the denial to the Interagency man, FPC, a report quarterly to the In­ such material shall be declassified. Classification Review Committee. teragency Classification Review Commit­ tee, NSC, of actions on classification re­ (d) A request by a department or § 3a.23 Review of classified material for view requests, classification abuses, and declassification purposes. agency or a member of the public to re­ view for declassification documents more unauthorized disclosures. (a) All information and material clas­than 30 years old shall be referred di­ C lassification M arkings and Special sified after June 1, 1972, and determined rectly to the Archivist of the United Notations in accordance with Chapter 21, title 44, States, and he shall have the requested § 3a.31 Classification markings and spe* United States Code, to be of sufficient documents reviewed for declassification. cial notations. historical or other value to warrant pres­ If the information or material requested ervation shall be systematically reviewed has been transferred to the General (a) After the chairman, the vice chair* on a timely basis for the purpose of mak­ Services Administration for accession man, or the executive director deter­ ing such information and material pub­ into the Archives, the Archivist shall, to­ mines that classified information is con­ licly available according to the declassi­ gether with the chairman, halve the re­ tained in an original document or otn fication determination at the time of quested documents reviewed for declassi­ item, the appropriate marking, i-e" ~ classification. During each calendar year fication. Classification shall be continued cret or Confidential, will be applied as in­ the PPC shall segregate to the maximum in either case only when the chairman dicated herein. In addition, each class extent possible all such information and makes the personal determination indi­ fled document will reflect its date oi o material warranting preservation and cated in § 3a.22(g) (1). The Archivist gin and the Bureau, Office, or R.egl° d becoming declassified at or prior to the Office responsible for its preparation end of such year. Promptly after the end shall notify the requester promptly of issuance, and the identity of the mg of such year the FPC, or the Archives of such determination and of his right to authority authorizing the classifies _ the United States if transferred thereto, appeal the denial to the Interagency Where the individual who signs or oin shall make the declassified information Classification Review Committee. wise authenticates the document or o

FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 RULES AND REGULATIONS 5165 item has also authorized the classifica­ graph should be marked to the extent (3) The effective date. tion, no further annotation as to his practicable to show its classification (4) The person or unit taking the identity is required. Each classified doc­ category or that it is unclassified. action. ument will also show on its face whether (e) Letters of transmittal or other it is subject to or exempt from the Gen­ covering documents which are classified When classification changes are made, eral Declassification Schedule described solely because of classified enclosures or the classification markings themselves in § 3a.22(b). attachments, or which are classified in -a will be changed or canceled, and each (1) For marking documents which are lower category than such enclosures -or copy or item of the material will be subject to the General Declassification attachments, will bear either of the fol­ marked with the citation of authority. Schedule, the following stamp will be lowing markings, as appropriate. The notation below will be used for this used: (1) If the covering document is classi­ purpose: (Top Secret, Secret, or Confidential) Clas­ fied on its own, but has enclosures or Classification______sified b y ------Subject to General attachments of a higher classification, (changed) Declassification Schedule of Executive Order or is a component (i.e., an endorsement 11652, automatically downgraded at 2-year or comment) or a file in which other (canceled) To ______Intervals and declassified on December 31, components bear a higher classification: Effective on______(insert year) Regarded ______(date) (appropriate Under (2) For marking documents which are classification) authority o f______to be automatically declassified on a When (authorizing given event or date earlier than the Gen­ separated from ______official (identify or office) eral Declassification Schedule the fol­ higher B y ------_____ lowing stamp will be used: classified (person or office (Top Secret, Secret, or Confidential) Clas­ components) taking action) sified b y ------Automatically declas­ sified o n ------_ (2) If unclassified when separated (h) In addition to the foregoing (effective date or event) from its classified enclosures or attach­ marking requirements, warning notices ments: shall be displayed prominently on classi­ (3) For marking documents which are When the Attachments fied documents or materials as pre­ exempt from the General Declassifica­ Are Removed, This scribed below. When display of these tion Schedule the following stamp will Transmittal Letter be used: warning notices On the documents or Becomes Unclassified. other materials is not feasible, the warn­ (Top Secret, Secret, or Confidential) Clas­ (f) In addition to the classification ings shall be included in the written sified b y ------Exempt from General category markings prescribed above, the notification of the assigned classifica­ Declassification Schedule o f Executive Order tion. 11652, Exemption Category (Section 5B (1), first or title page of each classified docu­ (2), (3), or (4). Automatically declassified ment will contain instructions as appro­ (1) Restricted data. For classified in­ on______priate, in accordance with the following: formation or material containing re­ (effective date or event, if any ) (1) Regrading instructions. The de- stricted data as defined in the Atomic Energy Act of 1954, as amended: (b) Should the classifier fail to mark classification and downgrading notation, such document with one of the fore­ as described in § 3a.31(g) will be applied R estricted Data to classified documents only. The nota­ sting stamps, the document shall be This document contains restricted data deemed to be subject .to the General tion will not be carried forward to un­ as defined in the Atomic Energy Act of ^^classification Schedule. The person classified letters of transmittals or other 1954. Its dissemination or disclosure to any ®pis or finally approves a document cover documents. When such cover docu­ unauthorized person is prohibited. or other material containing classified ments are classified by their own content, they will be annotated with the notwith­ (2) Formerly restricted data. For mformation shall be deemed to be the classified information or material con­ assmer. If the classifier is other than standing instructions which pertain to the enclosures. taining solely Formerly Restricted Data, cn person he shall be identified on the as defined in section 142.d, Atomic En­ stamp as indicated. (2) “ Special Handling” notation. ergy Act of 1954, as amended: Classified information will not be re­ mlïl- docum®nts, the classification Formerly Restricted Data ¡gJJWW Secret and Confidential will be leased or disclosed to any foreign na­ tional without proper specific authoriza­ in m re^ printed, or written Unauthorized disclosure subject to ad­ ^considerably larger than those tion. This applies even when the ministrative and criminal sanctions. classified material does not bear the Handle as restricted data in foreign dis­ urn»»!? ^exfc of document. On doc- semination, section 114.b., Atomic Energy wiuch .are typewritten in elite, special handling notice described below. The special handling notice indicated Act, 1954. markinr,r the above only that the material has been reviewed than FhvS sh .ou ld be in letters not less (3) Information other than restricted and a specific determination made that (fata or formerly restricted data. For markwre€' Slxteenths inch in height. No the information is not releasable to for­ above at’ °^?er ^ban those indicated classified information or material fur­ a doci’i™!6 ,auth°rized to designate that eign nationals. If it is anticipated that nished to persons outside the Executive tion irf?wnt- °F material requires protec- the handling or distribution of a classi­ Branch of Government other than as fied document will make it liable to in­ The n ^ n 111 ere^ s of national security. advertent disclosure to foreign nationals described in paragraphs (h) (1) and (2) document8,11 .^afshication assigned to a of this section. o n t E l ^ ï.e oonaPicuously marked it will be marked with a separate special °u the mt3^? bottom of each page and handling notation, which will be carried National Security Information »forward to letters of transmittals or covers if°anSld? the front and back Unauthorized disclosure subject to crimi­ dorsemeltny' Letters of transmittal, en- other cover documents. The notation nal sanctions. reads: P aSo? nS; r°^ting slips’ or apy other (4) Sensitive intelligence information.. Special Handling Required Not Releasable to For classified information oisnaterial re­ Foreign Nationals lating to sensitive intelligence sources marking 01 (g) Whenever classified material is up­ and methods, the following warning no­ contain^?tr?Ver a classifted document graded, downgraded, or declassified, the tice shall be used, in addition to and in classStion1 Stmore than one security material will be marked to reflect: conjunction with those prescribed in formation °n cate&ory or unclassified fil­ (1) The change in classification. paragraph (h) (1), (2), or (3), of this iation, each section, part or para­ (2) The authority for the action. section, as appropriate:

FEDERAL REGISTER, VOL. 38, NO . 37— M O ND AY, FEBRUARY 26, 1973 5166 RULES AND REGULATIONS

Warning Notice—Sensitive Intelligence trol Officer and Security Officer is re­ est category of classified information Sources and Methods Involved sponsible. As used hereinafter, the terms stored therein. Active combinations are A ccess to C lassified M aterials Top Secret Control Officer and Security subject to the safeguarding and receipt­ Officer shall be interpreted as including ing requirements of this instruction. Su­ § 3a.41 Access requirements. the alternate Top Secret Control Officers perseded combinations become declassi­ (a) The Personnel Security Officer, and Security Officers. The FPC Security fied automatically and certificates of on a continuing current basis, will cer­ Officer is authorized and directed to in­ destruction therefore are unnecessary. tify to the Security Officer, the head of sure the proper application of the pro­ (f) Knowledge of or access to the com­ each bureau and office and each regional visions of Executive Order 11652 and of bination of a container used for the stor­ engineer, the names of officers and em­ this part. age of classified material will be given ployees who have been granted a secu­ (b) Regional Engineers are designated only to those appropriately cleared indi­ rity clearance for access to classified as Regional Security Officers for the pur­ viduals. who are authorized access to the material and the level of such clearance pose of carrying out the functions as­ information stored therein. (Top Secret, Secret, Confidential). The signed herein. (g) Combinations of containers used Personnel Security Officer will maintain (c) The Director, OAO, will appoint to store classified material will be accurate and current listings of person­ in writing appropriately cleared staff changed at least once a year. A combina­ nel who have been granted security members to act as couriers for trans­ tion will be changed also whenever any­ clearances in accordance with the stand­ mittal, as necessary, for classified infor­ one knowing or having access to it is ards and criteria of Executive Orders mation or material. transferred; when the combination has 10450 and 10865 and as prescribed by S torage and C u stody of C lassified been subjected to compromise; when the this part. I nform ation security classification of the container is (b) In addition to a security clear­ upgraded; and at any other time as may ance, staff members must have a need § 3a.61 Storage and custody of classi­ fied information. be deemed necessary. Combinations to for access to classified information or locks on security containers will be material in connection with the per­ (a) Unless specifically authorized by changed only by individuals having a formance of duties. The determination the Chairman or Executive Director, security clearance equal to the highest for the need-to-know will be made by classified information and materials category of classified material stored the official having responsibility for the within the Washington office will be therein. Changing lock combinations is a classified information or material. stored only in GSA-approved security responsibility of OAO. (See FPC Special (c) When a staff member no longer containers in the Office of Administra­ Instruction No. AM 2162.2, Periodic requires access to classified information tive Operations. Such containers will be Change of Combination bn Locks.) or material in connection with perform­ of steel construction with built-in, three- position, dial-type, manipulation-proof, (h) The individual who unlocks a con­ ance of official duties, the Personnel Se­ tainer will indicate the date and time curity Officer will administratively changeable combination locks. (b) A custodian and one or more alter­ and initial entry on GSA Optional Pom withdraw the security clearance. Addi­ 62. At the close of each workday, or when tionally, when a staff member no longer nate custodians will be assigned re­ sponsibility for the security of each con­ the container is locked at earlier time, needs access to a particular security the individual locking the container will classification category, the security tainer under his jurisdiction in which classified information is stored. Such as­ make the appropriate entry on GSA Op­ clearance will be adjusted to the classi­ tional Form 62. An individual other than signment will be made a matter of record fication category required. In both cases, the one who locked the container will by executing GSA Optional Form 63, this action will be without prejudice to check to insure that it is properly closed Classified Container Registration, and the staff member’s eligibility for a secu­ and locked and will make the appropri­ affixing it to the container concerned. rity clearance or upgrading of category ate entry on GSA Optional Form 62. " Custodians will be responsible for assur­ should the need again arise. When a container has not been opened ing that combinations are changed as during the day, the checker will enter (d) Access to classified information or required and that locking and checking the date and the notation “Not Opened” material originated by the PPC may be functions are accomplished daily in and make appropriate entry in the authorized to persons outside the Execu­ compliance with paragraphs (g) and (h) tive Branch of the Government engaged of this section. “ Checked By” column. in historical research and to former (c) GSA Optional Form 63 is a 3-sheet .(i) The red and white reversible Presidential appointees as provided in form, each sheet having a specific pur­ “ Closed-Open” cardboard sign will be paragraphs VI B and C of the NSC di­ pose and disposition, as follows: used on all classified containers to indi­ rective dated May 17,1972. The determi­ (1) Sheet 1 records the names, ad­ cate whether the container is open or nation of access authorization will be dresses, and home telephone numbers of locked. made by the Chairman. the custodian and alternate custodians. (j ) Typewriter ribbons used in the prep­ (e) Except as otherwise provided in Sheet 1 is affixed to the outside of the aration of classified information will be section 102 of the National Security Act container. safeguarded in the manner appropriate of 1947, 61 Stat. 495, 50 Ü.S.C. 403, clas­ (2) Sheet 2 records the combination for the degree of classification involved. sified information or material originat­ of the container and is placed inside Cloth ribbons are considered insecure ing in one department or agency shall Sheet 3, which is an envelope. until both upper and lower lines have not be disseminated outside any other (3) Sheet 3, an envelope, is a carbon been cycled through the typewriter at department of' agency to which it has copy of Sheet 1. When the container least twice. Carbon paper or film ribbons been made available without the consent combination is recorded on Sheet 2, it is are insecure at all times since the im­ of the originating organization. sealed inside Sheet 3 which is then for­ print thereon cannot be obliterated and such ribbon must be destroyed as classi­ S ecu rity O fficers warded to the FPC Top Secret Control Officer. fied waste. Insecure ribbons will not be § 3a.51 Designation of security officers. (d) GSA Optional Form 62, Safe or left in typewriters overnight but will be (a) The Director, Office of Administra­Cabinet Security Record, will be attached stored in appropriate classified container. tive Operations (OAO) is designated as conspicuously to the outside of each con­ A ccountability F or C lassified Materia1 Top Secret Control Officer and Security tainer used to store classified informa­ § 3a.71 Accountability for classified Officer for classified material for the tion. The form is used to certify the Federal Power Commission. The Direc­ opening and locking of a container, and material. tor, OAO, will designate alternate Top the checking of a container at the end (a) The Office of Administrative Op­ Secret Control Officers and alternated of each working day or whenever it is erations is the central control regis d Security Officers, who will be authorized, opened and locked during the day. for the receipt and dispatch of £jassl n(j subject to such limitations as may be (e) Combinations of containers used material in the Washington °®.c® 0f imposed by the Director, to perform the to store classified materials will be as­ maintains the accountability reg:mte duties for which the Top Secret Con- signed classifications equal to the high­ all classified material. In addition,

FEDERAL REGISTER, VOL. 38, NO. 37— M O NDAY, FEBRUARY 26, 1973 RULES AN D REGULATIONS 5167

Regional Engineer will maintain an ac­ and will be accomplished by burning in Use) green. In addition, the red back countability register for classified mate­ the presence of a “destroying official” sheet, FPC Label 23, will be used. With rial of which he has. custody. and a “witnessing official.” Destroying the exception of the FPC Form 55, no (b) With the exception of the Chair­ and witnessing officials will be alternate transmittal paper, or other material will man, Vice Chairman, and Executive Di­ Security Officers from OAO. A record of be placed over theTabel, and no writing rector, no individual, bureau, or office is destruction of each classified document will be applied thereon. authorized tojreceive, open, or dispatch will be maintained on FPC Form 1285, (d) The transmission or transfer of classfied material other than the author­ Classified Document Destruction Certifi­ custody of classified material outside of ized personnel in OAO or the Regional cate. In addition, the date of destruction the FPC Washington offices or the Re­ Engineers. Classified material received and the destruction certificate number gional Offices will be covered by FPC by other than the OAO or Regional Engi­ will be recorded on the file copy of FPC Form 1284, Classified Document Receipt neers will be delivered promptly and un­ Form 55 in the central control registry. and/or Tracer, prepared in duplicate opened to the Security Officer or Regional The original signed copy of the destruc­ (one post card and one paper copy). The Engineer in order that it may be brought tion certificate will be retained in the post card will be enclosed, along with under accountable control. central control registry. The duplicate the material being transferred, in the (c) Each classified document received copy will be retained by the destroying inner envelope, wrapping or container, by or originating in the PPC will be as­ official. Regional Engineers will follow and the paper copy retained in the cen­ signed an individual control number by these instructions for destruction of clas­ tral registry pending return of the signed the central control registry, OAO. Con­ sified material in their possession, except post card. trol numbers will be assigned serially that the destroying official shall be the (e) Classified material transmitted within a calendar year. The first digit of Regional Engineer and the witnessing outside of the FPC Washington offices the four-digit control number will indi­ official shall be any other individual hav­ or the Regional Offices will be dispatched cate the calendar year in which the docu­ ing appropriate security clearance. in two opaque envelopes or double ment was originated or received in the (i) It is the responsibility of any staffwrapped in opaque wrapping paper. The PPC. Control numbers assigned to top member who has knowledge of the loss outgoing material will be prepared for secret material'will be separate from the or possible compromise of classified in­ transmission by: sequence for other classified material and formation immediately to report the cir­ (1) Preparing and enclosing an ap­ will be prefixed by the letters “ TS” . Ex­ cumstances to the Director, OAO. The propriate receipt (see paragraph (d) of amples: Director, OAO, will notify the originat­ this section) in the inner envelope or 9006—Sixth classified document controlled by ing Department and any other interested wrapping. the central control registry in calendar year Department of the loss or possible com­ (2) Addressing, return addressing, and 1969. promise in order that a damage assess­ sealing or taping the inner envelope or TS 1006—Sixth Top Secret document con­ ment can be conducted. An immediate wrapping. trolled by the central control registry in (3) Marking the security classification calendar year 1971. inquiry will be initiated by the Director, OAO, for the purpose of taking correc­ and other required notations on the (d) The accounting system for controltive action and for recommendations to front and back of the inner cover. If the of classified documents will be effected the chairman, through the Review com ­ nature of the contents deem it neces­ through the use of FPC Form 55, Classi­ mittee, for appropriate administrative, sary or advisable, the inner cover may fied Document Control Record and R e­ disciplinary, or legal action. be marked with the following or a simi­ ceipt. This form will be used to: lar notation “To Be Opened By Ad­ (1) Register an accurate, unclassified T ransmittal of C lassified M aterial dressee Only.” When this notation is description of the document; its assigned § 3a.81 Transmittal of classified ma­ used, an appropriate “Attention” line control number; and the date it is placed terial. must be contained in the address on the under accountability. (a) A continuous receipting system, outer envelope to insure delivery to the (2) Serve as the accountability register using copies of FPC Form 55, will record intended recipient. for classified material. all transfers of classified items between (4) Enclosing the inner envelope or Rec°rd all changes in status or elements or officials within the FPC. wrapping in an opaque outer envelope CJif 17 document during its clas­ Receipts for transmittal of classified wrapper containing the appropriate ad­ sification life or the period it is retained items from the central registry to the dress information. These outer covers under accountability in the FPC. first recipient will be acknowledged on will not contain any of the markings , Serve as the principal basis for all copy number one (original) of FPt? contained on the inner cover. If the classified document inventory and tracer outer cover does not fully conceal the actions. Form 55. This copy will be returned to and become part of the central register, markings on the inner envelope or wrap­ ^ Serve as a receipt for the central where it will remain as an active record per, a sheet of plain paper should be transferrediS^ry w^en ^ le document is until the item is either destroyed or folded around the inner wrapper to transmitted outside the FPC control conceal the markings. For Top Secret documents only, registry system. Receipts for subsequent (f) Transmittal of Top Secret infor­

FEDERAL REGISTER, VOL. 38> N O . 37— M O ND AY, FEBRUARY 26, 1973 5168 RULES AND REGULATIONS in paragraph C(2), appendix B, of the 360b (i)) and under authority delegated tion Policies Act of 1970 (84 Stat. 1894- NSC Directive of May 17, 1972. to the Commissioner (21 CFR 2.120), 42 U.S.C. 4601), the Department is Part 135c is amended in § 135C.50 by re­ D ata I ndex S ystem amending Title 24, Part 42 of the Code vising the heading for paragraph (g) and of Federal Regulations to include a new § 3a.91 Data index system. adding a new paragraph (h) as follows: Subpart F entitled “Grievance Proce­ A data index system shall be estab­ § 135c.50 Dichlorvos. dures Relating to Claims and Payments.” lished for Top Secret, Secret, and Con­ ♦ * * * * This subpart is intended to prescribe the Department’s procedures for the imple­ fidential information in selected cate­ (g) Conditions of use in horses when gories prescribed by the Interagency mentation of section 213(b)(3) of the administered in grain. * * * Act, which provides that any person ag­ Classification Review Committee, in ac­ (h) Conditions of use in horses when cordance with section VII of the Na­ grieved by a determination as to eligi­ administered orally by syringe. (1) It is bility for a payment authorized by the tional Security Council Directive Gov­ recommended for the removal and con­ erning the Classification, Downgrading, Act or the amount of a payment may trol of first, second, and third instar bots have his application reviewed by the Declassification, and Safeguarding of (Gastrophilus intestinalis and G. na- National Security Information, May 17, head of the State agency receiving Fed­ salis), sexually mature and sexually im­ eral financial assistance. 1972. mature (4th stage) ascarids (Parascaris On May 20, 1972 (37 FR 10386), the equorum) in horses and foals. (B) The provisions of this order shall Department first published the grievance (2) The product is in the form of a gel take effect on February 26, 1973. procedures for public comment as a no­ which is administered directly from a (C) The Secretary of the Commis­ tice of proposed rule making. The De­ sion shall cause prompt publication of syringe onto the horse’s tongue. The pro­ partment has now considered the com­ duct is administered at a dosage level of this order to be made in the F ederal ments received and promulgates these 20 milligrams of dichlorvos per kilogram R egister and shall submit a signed orig­ grievance procedures to be effective inal and three certified copies thereof to of body weight for the removal of bots March 28, 1973. Principal changes and the Interagency Classification Commit­ and ascarids. The same dosage level is the Department’s response to significant tee. Copies of this order may be ob­ repeated every 21 to 28 days for the con­ trol of bots and ascarids. For the control comments are set forth below. tained in person from the Office of Pub­ A provision has been added to § 42.235 lic Information of the Federal Power of bots only, the repeat dosage is 10 milli­ grams per kilogram of body weight every (b) which requires the State agency to Commission, or by written request to the afford the claimant an opportunity for Secretary, Federal Power Commission, 21 to 28 days during bot fly season. (3) Do not use this product in animals an oral presentation, in the company of 441 G Street NW., Washington, DC an advisor if he so desires, within 15 days 20426. . simultaneously or within a few days be­ fore or after treatments with or exposure of the request. In addition, a new sen­ By the Commission. to cholinesterase-inhibiting drugs, tence has been added to this subsection pesticides or chemicals. Do not adminis­ which provides that matters discussed K enneth F. P lum b, in the oral presentation be summarized Secretary. ter in conjunction with or within 1 week of administration of muscle-relaxant and included as part of the State agency’s [FR Doc.73-3424 Filed 2-23-73;8:45 am] drugs, phenothiazine derived tranquil­ file on the individual’s claim. izers, or central nervous system depres­ In response to comments concerning Title 21— Food and Drugs sants. the need for assistance to claimants in preparing their complaints, a new sec­ CHAPTER I— FOOD AND DRUG ADMINIS­ (4) Do not use in horses which are se­ TRATION, DEPARTMENT OF HEALTH, verely debilitated or suffering from di­ tion, § 42.235(c), has been added. Tms EDUCATION, AND WELFARE arrhea or severe constipation, infectious subsection provides that the State disease, toxemia, or colic. Do not ad­ agency shall offer to provide assistance PART 3— STATEMENTS OF GENERAL minister to horses affected with chronic to the claimant and also notify him of POLICY OR INTERPRETATION alveolar emphysema (heaves) or other other available sources of assistance. PART 131— INTERPRETATIVE STATE­ respiratory conditions. This section also describes what should MENTS RE WARNINGS ON DRUGS AND (5) Do not use in horses intended for be included in the written request for DEVICES FOR OVER-THE-COUNTER food purposes. review. SALE (6) Federal law restricts this drug to The suggestion that claimants be al­ Use of Mercury in Cosmetics Including Use use by or on the order of a licensed vet­ lowed to review the files is accepted, m as Skin-Bleaching Agent in Cosmetic erinarian. this connection, § 42.27 provides tna Preparations Also Regarded as Drugs Effective date. This order shall be ef­ with certain exceptions or unless P? Correction fective February 26, 1973. hibited by State law a claimant maym- spect all files and records bearing upo (Sec. 512(1), 82 Stat. 347; 21 U.S.C. 360b(i)) In FR Doc. 73-159, appearing at page his claim. 853 for the issue of Friday, January 5, Dated: February 16,1973. While the suggestion that class 1973, in the second last line of paragraph be entertained has not been acceR t (d) (2) of § 3.92, the reference to “para­ C. D. V an H o u w elin g , Director, generally, § 42.275 now provides graph (d)(1)” should read “paragraph principles established in determination* Bureau of Veterinary Medicine. (d )(2 )” . reached by the State agency and n [FR Doc.73-3501 Filed 2-23-73;8:45 am] be applied in all similar cases, SUBCHAPTER C— DRUGS should insure that all claims wm PART 135c— NEW ANIMAL DRUGS IN Title 24— Housing and Urban Development treated in a fair and uniform mann • ORAL DOSAGE FORMS The suggestion that the State agenc SUBTITLE A— OFFICE OF THE SECRETARY, Dichlorvos as an Anthelmintic in Horses DEPARTMENT OF HOUSING AND assume the responsibility fo r requ , aye URBAN DEVELOPMENT HUD review, if a claimant wishesto The Commissioner of Food and Drugs his grievance reviewed, has not be has evaluated a new animal drug appli­ [Docket No. R-72-186] cepted. The Department believe , cation (48-237V) filed by Shell Chemical PART 42— RELOCATION PAYMENTS AND the interest of claimants will b ^ Co., a division of Shell Oil Co., Agricul­ safeguarded by requiring the . t tural Division,» 2401 Crow Canyon Road, ASSISTANCE AND REAL PROPERTY ACQUISITION UNDER THE UNIFORM agency to inform claimants of tne i e San Ramon, CA 94583, proposing use of to review by HUD and leabe tne dichlorvos as an anthelmintic in horses RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT tive to the claimant to file a requ when administered orally by syringe. The OF 1970 HUD review. I application is approved. It.u, was was suggested auggcai/cu that —-the thir^P^ . pn ^ Therefore, pursuant to provisions of Establishment of Grievance Procedures >rovided for in § 42.265, be e h . the Federal Food, Drug, and Cosmetic Pursuant to the Uniform Relocation he claimant. We believe that it w Act (sec. 512(1), 82 Stat. 347; 21 U.S.C. Assistance and Real Property Acquisi­ n the best interests of all mv

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 RULES AND REGULATIONS 5169

have the third party or parties mutually peals from State agency determinations shall enable the claimant to discuss his acceptable. In our opinion, this can best as to eligibility for, or the amount of, a claim with the head of the State agency be achieved by having both the claimant payment made under the regulations in or a designee (other than the person who and the State agency involved In the this part. State agencies shall establish made the initial determination) having selection of third parties. procedures to implement the regulations the authority to revise the initial deter­ The suggestion that the claimant have in this part. The State agency’s pro­ mination on the claim. The State agency an opportunity for a hearing with both cedures may include provisions not in­ shall make a summary of the matters the State agency and HUD has not been cluded in these procedures provided they discussed in the oral presentation and it incorporated in the regulations as it was are not inconsistent with the procedures should be included as part of its file. felt to be inconsistent with the appellae contained herein. (c) The written request for review. The claimant may include in his request for nature of HUD review. However, agency § 42.225 Right of review. procedures for holding a hearing with review any statement of fact within his witnesses and an opportunity for cross- Any claimant, meaning a person ag­ knowledge or belief, or other material examination. grieved by a determination as to eligibil­ which he feels has a bearing on his ap­ It was contended that State agencies ity for, or the amount of, a payment peal. If the claimant requests more time might not observe the time limits im ­ under the regulations in this part, may to gather and prepare additional ma­ posed by the regulaions unless there have his claim reviewed and reconsidered terial for consideration or review and were sanctions. In this regard, it was by the head of the State agency or his demonstrates a reasonable basis there­ suggested that unless State agencies authorized designee (other than the per­ for, he may be granted 30 days from the meet the time limits set forth in the son who made the determination in ques­ date of his request for review. If the regulations they would be required to tion) in accordance with the procedures claimant feels he is unable to prepare pay the claim from their own funds. An set forth in this subpart, as supplemented the written claim, the State agency shall alternative suggestion was to permit the by such procedures as the State agency offer to provide assistance to the claim­ claimant to forego any step the State shall have established for such review ant and further notify the claimant of agency did not complete within the and reconsideration. Where such a per­ other available sources of assistance. The requisite time, and if evidence was lost son is not satisfied with the State making of an oral presentation pursuant thereby, the facts would be assumed to agency’s determination after such re­ to paragraph (b) of this section shall not be as averred by the claimant. Before view and reconsideration, he is entitled be deemed a condition precedent to the implementing sanctions, the Department to review of his claim by HUD. Any per­ filing of a written request for review. would like the benefit of experience to son or class of persons may similarly seek (d) Time limits for filing written re­ establish what kind of sanctions, if any, review and revision of any schedule with quest for review. (1) A claimant desiring are needed and would be most effective. respect to payments under the regula­ review and reconsideration of the State If the Department discerns any con­ tions in this part. All the provisions of agency’s determination shall file a writ­ sistent failure to meet the time limits, this subpart shall be fully applicable to ten request for review with the State it will take steps to assure that claimans’ such claims for review and revision of agency either (i) within 6 months of the rights are fully protected. any schedule with respect to payments agency’s notification to the claimant of It was suggested that the regulations under the regulations in this part. its determination or (ii) prior to final closeout of the project which caused the be revised to provide for mutually bind­ § 42.230 Notification to claimant. ing arbitration. This suggestion has not displacement, whichever is earlier, but in been adopted because it is not clear If the State agency denies the eligi­ no event less than 30 days following the whether HUD can be legally bound by bility of a claimant for a payment or agency’s notification to the claimant of arbitration. disapproves the full amount claimed or its determination. refuses to consider the claim on its merits Accordingly, Part 42 is amended as (2) The time period specified in para­ follows: because of untimely filing or any other graph (d) (1) of this section shall be ex­ ground, the State agency’s notification tended if necessary so that a claimant §42.190 [Revoked] to the claimant of its determination shall who previously made requests pursuant 1. Subpart E is amended to revoke inform the claimant of its reasons there­ to paragraph (a) or (b> of this section 142.190. for and shall also inform the claimant shall have no less than 30 days from his 2. A new Subpart F is added to read of the applicable procedures for obtain­ receipt of the written explanation or as follows: ing State agency and HUD review of this from making the informal presentation, determination. Subpart F— Grievance Procedures Relating1 whichever is later, within which to file Claims and Payments § 42.235 Request for State agency re­ his-written request for review and recon­ Sec. view. sideration. 42.220 Purpose. § 42.240 State agency review. 42.225 (a) General. Any person who has a Right of review. right to seek review pursuant to § 42.225 42.230 Notification to claimant.. (a) General. The State agency shall 42.235 Request for State agency revlew. may, within the time limit specified in consider the request for review and shall 42.240 State agency review. paragraph (d) (1) of this section, re­ make a determination as to whether a 42.245 Request for HUD review. quest the State agency to provide him modification is necessary. This review 42.250 HUD review. with a full written explanation of its de­ 42.255 should be conducted by the head of the Review procedure In connection w: termination and the basis therefor if he State agency or his authorized designee refusals to waive time limitati feels that the explanation accompanying on filing of claims. (other than the person who made the 42.260 the payment of his claim or notice of the Extension of time limits. determination). A designee must have 42.265 agency’s determination was incorrect or Recommendations by third party the authority to revise the initial deter­ 42.270 inadequate. The State agency shall pro­ mination of the claim and any determi­ 42.275 Review of files by claimant. Effect of determination on otl vide such an explanation to the claim­ nation reached pursuant to an oral pres­ persons. ant within 15 days of its receipt of claim­ 42.280 entation. The State agency shall consider Construction of rules and res ant’s request. every complaint regardless of form. lations. (b) Informal presentation. Upon re­ 42.285 (b) Scope of review. The State agency Right to counsel. quest of the claimant, within the time 42.290 shall review and reconsider its initial Judicial review. limit specified in paragraph (d)(1) of determination of the claimant’s case in this section, the State agency shall, lig h to f: Partment ofTH Ìo ^ S*,C- 4601: 8ec- 7(d)> 1 within 15 days of the request, afford him t of HUD Act, 42 U.S.C. 3535 (d ). (1) All material upon which the State an opportunity to make an oral presenta­ agency based its original determination Ubpart f» 7 Ì 1ri.evance Procedure Pelati tion prior to filing a written request for » .. 10 c 'aims and Payments including all applicable rules and regu­ review pursuant to paragraph (c) of lations; 8 «•»<> Purpose. this section. The claimant may be rep­ (2) The reasons given by the claimant f0rthe»2 rS ?.f this subpart is to s resented by an attorney qr other person for requesting review and reconsidera­ guidelines for processing a of his choosing. This -oral presentation tion of his claim;

No. 37—pt. i- FEDERAL REGISTER, VOL. 38, NO. 37— M O NDAY, FEBRUARY 26, 1973 5170 RULES AND REGULATIONS

(3) Whatever additional written ma­ mination, and shall direct the State review of this decision in accordance with terial has been submitted by the claim­ agency to submit a copy of the complete the procedures set forth in § § 42.235 and ant; and file of the claimant’s case, including ma­ 42.240, except that such written request (4) Any further information which the terials upon which the State agency for review must be filed within 30 days State agency may, in its discretion, ob­ based its decision. The State agency shall of the claimant’s receipt of the State tain by request, investigation, or re­ forward this material to the Area Di­ agency’s determination. If after review­ search, to insure fair and full review of rector within 10 days of having been ing the claim the State agency deter­ the claim. directed to do so. mines that the time limits for filing (c) Determination on review by State (d) Time limit. The claimant shall fileclaims should be waived, the State agency. The final determination on re­ a written request for review of his claim agency shall promptly request HUD con­ view by the State agency shall include, with the Area Director within 30 days currence in accordance with § 42.215 and but is not limited to; from the date of receipt of the deter­ the claimant shall be so informed. (1) The agency’s decision on recon­ mination on review issued by the State (b) HUD review. If upon review the sideration of the claim; agency. State agency determines that the time limits for filing claims should not be (2) The factual and legal basis upon § 42.250 HUD review. which its decision is based, including any waived, the claimant should be so in­ pertinent explanation or rationale; (a) General. The Area Director shall formed in accordance with § 42.240(c). (3) A statement of claimant’s right issue his determination on review within If the claimant believes himself ag­ to seek within 30 days further review of 30 days from the date of receipt of the grieved by this determination, he may his claim by HUD and an explanation of last material submitted by the claimant then file a written request, in accord­ the steps the claimant must take to ob­ in accordance with § 42.245 or the date ance with the procedures of §§ 42.245 tain this review, including the address of of receipt of the complete file of claim­ and 42.250, to the Director of the Area the HUD Area Office which has responsi­ ant’s case from the State agency, which­ Office, which has responsibility for the bility for the locality wherein the dis­ ever is later. locality wherein the displacement oc­ placement occurred. (b) Scope of review. The Area Director curred, for a review of the reasonable­ (d) Time limits. (1) The State agency shall make his determination of the ness of the State agency’s determination shall issue its determination of review claimant’s case in light o f: in refusing to grant the waiver. If the within 30 days from receipt of the last (1) All material upon which the State Area Director determines that there was material submitted for consideration by agency based its original determination, good cause for the failure to file within the claimant in accordance with § 42.235. including all applicable rules and regu­ the time period of § 42.60, he shall then The State agency shall forward a copy lations; remand the claim to the State agency for of the determination to the HUD Area (2) The reasons given by the claimant consideration on the merits and the Office at the time the determination is for requesting review and reconsidera­ claimant shall be so informed. If the sent to the claimant. (Unless the context tion of his claim; Area Director concurs in the State indicates otherwise, “Area Office” and (3) Whatever written material has agency’s determination that a waiver “Director” shall be used in this subpart been submitted by the claimant; and should not be granted, both the State to refer to the Regional Office and the (4) Any „further information which agency and the claimant shall be in­ Regional Administrator where there is HUD may, in its discretion, obtain by formed that he may have a right to judi­ request, investigation, or research to in­ no area office.) cial review. sure a fair and full review of the claim. (2) In the case of complaints dis­ § 4 2 .2 6 0 Extension o f time limits. missed for untimeliness or for any other (c) Determination on review by HUD. The determination by HUD shall include, The time limits specified in §§ 42.235 reason not based on the merits of the and 42.245 - may be extended for good claim, the State agency shall issue a but need not be limited to: (1) The Area Director’s decision on cause by the State agency or by the Area statement as to why the complaint was Director, respectively. dismissed to the claimant and forward a reconsideration of the claim; copy to the HUD Area Office within 10 (2) Findings of fact and conclusions § 42.265 Recommendations by ¿ifi days from receipt of the last material of law, including any pertinent explana­ party. submitted by the claimant. tion or rationale; Upon agreement between the claimant § 42.245 Request for HUD review. (3) A statement of claimant’s right to and the State agency, a mutually ac­ seek judicial review. ceptable third party or parties may re­ (a) General. Any person who believes (d) Final determinations not based on view the claim and make advisory recom­ himself aggrieved as the result of the merits. A State agency’s refusal to re­ mendations thereon to the head of the final determination of his claim on re­ view a claim (e.g., because of claimant’s State agency for its final determination. view by the State agency may request failure to request such review within the The agreement between the claiman HUD review of his claim. The request required time period) shall be considered and the State agency may provide for an for HUD review shall be submitted to the as a “final determination” and upon the extension of the time limit for’ ® j. Director of the HUD Area Office which claimant’s request shall be reviewed by agency review set out in § 42.240(d). has responsibility for the particular lo­ HUD. If the Area Director finds that the reviewing the claim and making reco ' cality wherein the displacement occurred. State agency’s refusal to review the claim mendations to the State agency, th6tmr (b) Submission by claimant. The was unreasonable, the claim shall be re­ party or parties should be guided by claimant may include in his request for manded to the State agency for review provisions of § 42.240(b) and paragrap review by the Area Director any facts on its merits within 30 days of the State (c) (1) and (2) of § 42.240. The require within his knowledge or belief or other agency’s receipt of the remanded claim. ments of these sections and of parag p material which he feels will have a direct If the State agency’s refusal to hear the (c) (3) of § 42.240 remain fully aPP1 bearing on his claim: Provided, That claim is not found to have been unrea­ cable to the State agency. where the claimant submits material to sonable, the Area Director shall so notify § 4 2 .2 7 0 Review of files by claimant. HUD which was not submitted to the the claimant and inform him that he may State agency for review, HUD will pro­ have a right to judicial review. Except for confidential material, an vide the State agency an opportunity to . except to the extent specifically P review such new material and to submit § 42.255 Review procedure in connec­ hibited by law, a State agency snap, any comments it wishes to make. tion with refusals to waive time lim­ mit the claimant to inspect all ni itation on filing of claims. (c) Submission of State agency’s file. records bearing upon his claim ° Upon receipt of a request for review by (a) State agency review. Whenever aprosecution of his grievance. The HUD, the Area Director shall forward a State agency rejects a request by a claim­ agency may, however, impose reas0. . ^ ant for a waiver of the time limits pro­ copy of such request by certified mail, conditions on the claimant’s rig return receipt requested, to the State vided in § 42.60 for filing payment claims, agency which made the initial deter­ a claimant may file a written request for inspect.

FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 RULES AND REGULATIONS 5171

§42.275 Effect of determination on 6331-1 (c)(1) provides that the notice made under this section upon the salary other persons. of intent to levy upon salary or wages or wages of an individual with respect The principles established in all de­ may be given at the same time as the to any unpaid tax only after the district terminations by a State agency (unless notice and demand that is described in director or the director of the service modified by HUD) or by HUD shall be section 6303. Section 301.6331-1 (c) (2) center has notified such individual in Upplied to all similar cases regardless of provides special rules for jeopardy. Sec­ writing of his intention to make such whether or not a person has filed a writ­ tion 301.6331-1 (c) (3) provides that the levy. Such notice shall be given in per­ ten request for review. new rules are to be effective with respect son, left at the dwelling or usual place to levies made after March 31, 1972. of business of such individual, or shall be §42.280 Construction o f rules and reg­ On October 11, 1972, a notice of pro­ sent by mail to such individual’s last ulations. posed rule making was published in the known address, no less than 10 days be­ This subpart, and all applicable rules F ederal R egister (37 F R 21442) to revise fore the day of levy. If a notice has been and regulations on which State agency the rules relating to levies on salaries given under this paragraph with respect and HUD determinations are based, shall and wages. After consideration of all such to an unpaid tax, no further notice is be liberally construed so as to fulfill the relevant matter as was presented by in­ required in the case of successive levies statutory purpose as declared in section terested persons regarding the rules pro­ with respect to such unpaid tax. The 201 of the Act of “fair and equitable posed, the amendments are hereby notice required to be given under this treatment” in order that displaced per­ adopted as proposed without change. paragraph is in addition to, and may be sons “not suffer disproportionate inju­ (Sec. 7805, Internal Revenue Code of 1954, given at the same time as, the notice ries as a result of programs designed for 68A Stat. 917; 26 U.S.C. 7805) and demand described in § 301.6303-1. the benefit of the public as a whole.” (2) Jeopardy. Subparagraph (1) of [ seal! J oh n n ie M . W alters, this paragraph shall not apply to a levy § 42.285 Right to counsel. Commissioner of Internal Revenue. if the district director or director of the Any aggrieved party has a right to rep­ Approved: February 17,1973. service center has made a finding under resentation by legal or other counsel at paragraph (a) (2) of this section that the his own expense at any and all stages J o h n H . H all, collection of tax is in jeopardy. of the proceedings set forth in this sub­ Deputy Assistant Secretary of (3) Effective date. This paragraph part. the Treasury. shall apply with respect to levies made § 42.290 Judicial review. In order to provide regulations under after March 31,1972. section 6331(d) of the Internal Revenue [FR Doc.73-3592 Filed 2-23-73; 8:45 am] Nothing in this subpart shall in any Code of 1954 as added by section 211 of ¡way preclude or limit a claimant from the Revenue Act of 1971 (85 Stat. 520), Title 3 3 — Navigation and Navigable Waters seeking judicial review or receiving a fair the Regulations on Procedure and Ad­ I and impartial consideration of his claim ministration (26 CFR Part 301) are CHAPTER II— CORPS OF ENGINEERS, on its merits upon exhaustion of such ad­ amended as follows: DEPARTMENT OF THE ARMY ministrative remedies as are available [ER 1140-1-210] to him under this subpart. P aragraph 1. Section 301.6331-1 is amended by redesignating subsection PART 209— ADMINISTRATIVE Effective date. These regulations are (d) as (e), by adding a new subsection PROCEDURE effective as of March 26, 1973. (d) immediately after subsection (c), and by revising the historical note. As Laboratory Investigations and Tests J ames T . L y n n , Secretary of Housing amended, these redesignated, added, and This regulation establishes the policies and Urban Development. revised provisions read as follows: and procedures to be followed at Corps of Engineers laboratory installations j [FR Doc.73-3538 Filed 2-23-73;8:45 am] § 801.6331 Statutory provisions; levy and distraint. when investigations and tests are to be performed at these installations for Title 26— Internal Revenue Sec. 6331. Levy and distraint * * * (d) Salary and Wages— (1) In general. other governmental and private agen­ IlCFP n?Bh ; ,i iTERWAL REVENUE SER\ Levy may be made under subsection (a) upon cies and organizations. It applies to the 'CE, DEPARTMENT OF TH E TREASURY the salary or wages of an individual with re­ U.S. Army Engineer Waterways Experi­ SUBCHAPTER A— INCOME TAX spect to any unpaid tax only after the Sec­ ment Station (WES), the U.S. Army retary or his delegate has notified such in­ [T.D. 7253} Construction Engineering Research dividual in writing of his intention to make Laboratory (CERL), the U.S. Army PART 301— PROCEDURE AND such levy. Such notice shaT be given in per­ Engineer Topographic Laboratories ADMINISTRATION son, left at the dwelling or usual place of (E TL), the U.S. Army Coastal Engineer­ business of such individual, or shall be sent Levies on Salaries and Wages by mail to such individual's last known ing Research Center (C E R O , the U.S. address, no less than 10 days before the day Army Cold Regions Research and Engi­ apnLLn„°ilcl of Proposed rule makim of levy. No additional notice shall be required neering Laboratory (CRREL), the U.S. tow i ?g HLtbe Pederal R egister of Oc in the case of successive levies with respect Army Engineer Power Group (ENPG), S t s tn J? 72 (37 21442>> amend to such tax. the Soils, Concrete, and Hydraulic Lab­ and admiral ro ta tio n s on procedur (2) Jeopardy. Paragraph (1) shall not oratories of the Engineer Divisions, and tode? S raÌ10n (26 CPR p art 301! apply to a levy if the Secretary or his dele­ the Inter-Agency Sedimentation Proj­ gate has made a finding under the last sen­ ect. Revenue ÌÌ2f 6331f d) of the Interna tence of subsection (a) that the collection The 4°f 1954 were Proposed of tax is in jeopardy. This regulation establishes procedural ties and ^ f nts relate to levies on sal (e) Cross references. (1) For provisions, requirements of the Corps of Engineers, jhtions toThoeS 811(1 c°nform such regu relating,, to Jeopardy, see Subchapter A of and is, accordingly, promulgated without PftheRevemiP *?ade by section 21: Chapter 70. publication of a notice of proposed rule liter 011971 (85 Stat. 520) 02) For proceedings applicable to sale of making. It becomes effective February 26, [matter as wej\atlon of all such relevan seized property, see section 6335. 1973. persons S g ^ d i n ^ ente,d by interestet [Section 6331 as amended by sec. 104(a), § 209.340 Work for others in laboratory amendment the rules Proposed, th( Federal Tax Lien Act 1966 (80 Stat. 1135); investigations and tests. Posed are admM- Ì u 6 regulations as p ro sec. 211(a) Revenue Act 1971 (85 Stat. 520) j (a) Purpose. To define and establish out change P ^ ^y lbls docuineht with- P ar. 2. Section 301.6331-1 is amended policies and procedures applicable to by adding at the end thereof the follow­ the performance of investigations and |ls to requirTf6 °f these amendment! ing new paragraph: tests at Corps of Engineers laboratory fetary or ^ ° St cases that the Sec- § 301.6331—1 Levy and distraint. installations for other governmental and latice no w dfi!egate give an Individua ***** private agencies and organizations. (b) Applicability. This section ap­ Con h? Ì ? than 10 days Prior to le (c) Notice of intent to levy on salary salary or wages. Section 30 plies to the U.S. Army Engineer Water­ or wages— (1) In general. Levy may be ways Experiment Station (WES), the

FEDERAL REGISTER, V O L 38, NO. 37— M O NDAY, FEBRUARY 26, 1973 5172 RULES AND REGULATIONS

U.S. Army Construction Engineering R e­ an approved schedule of payment will be foreign governments when the total search Laboratory (CERL), the U.S. deposited with the installation perform­ estimated cost of each investigation or Army Engineer Topographic Laborato­ ing the work before any obligations or test is $5,000 or less. Approval is re­ ries (ETL), the U.S. Army Coastal Engi­ expenses in connection with the work quired when estimated or actual costs neering Research Center (CERC), the, are incurred; and when funds are being exceed this authority. Written requests U.S. A r m y Cold Regions Research and deposited on an approved schedule no for approval shall be addressed to the1 Engineering Laboratory (CRREL), the obligations or expenses will be incurred attention of the office codes cited at the U.S. Army Engineer Power Group in connection with the work in excess of end of subdivision (ii) of this (ENPG), the Soils, Concrete, and Hy­ funds on deposit. Charges shall include subparagraph. draulic Laboratories of the Engineer a surcharge of 15 percent of all appli­ (iv) The Director of WES is author­ Divisions, and the Inter-Agency Sedi­ cable costs, except under the following ized to perform sampling and testing of : mentation Project. conditions: cement and pozzolan for Federal, State, (c) Policy. (1) The policies and pro­ (i) When the final product will directly and local governmental requests and cedures covered herein extend and sup­ contribute to planning, design, research, justification for manpower increases will plement the services for State and local or construction activities in which Fed­ be submitted prior to the initiation of governmental units and are based upon eral funds are involved by grant or the work. Manpower authorization in­ the policy set forth by the Secretary of otherwise. . creases will require approval by HQDA Defense in Appendix A.1 (ii) Where an exception is granted (DAEN-EPA) WASH DC 20314. (2) Subject to the authority limitationsbased on a direct benefit to the Govern­ (f) Authority. The following delega­ contained in paragraph (f) of this sec­ ment. Adequate justification, outlining tions to perform investigations and tests tion, investigations and tests may be per­ the direct benefits which are expected apply to all except National Aeronautics formed for other agencies of the Federal to accrue to the Government, will be for­ and Space Administration for which ap­ Government, State and local govern­ warded to HQDA (DAEN-CWO-S) or proval must be obtained in accordance ments, foreign governments and private (DAEN-MER-D) or (DAEN-MCZ-S) with paragraph (g) of this section. firm s under the following conditions: WASH DC 20314, whichever is appropri­ (1) Major Corps of Engineers research (i) The work is performed on a cost ate, for review and approval prior to and development laboratories. The major reimbursable basis, or as a part of direct deletion of the surcharge. Corps of Engineers research and de­ funded programs for the Army Materiel (3) State and local governments. Workvelopment organizations are identified Command (AMC) or the Defense Map­ performed for State and local govern­ as follows: WES, CERL, ETL, CERC, ping Agency (DMA) as provided for in ments will be billed on a cost reimburs­ CRREL, and ENPG. paragraph (f) (1) (i) of this section. able basis in accordance with procedures (i) Subject to the provisions of para­ (ii) Performance of the work will not established in advance of performing the graph (i) of this section, the Director of interfere with performance of services work. WES, the Commander of ETL, and the essential to the mission of the Corps. (e) Manpower requirements for reim­Commander/Director of CRREL are (iii) Performance of the work will not bursable work. Primary responsibility authorized to perform direct funded wort require an increase in the permanent for providing additional facility staff for AMC in accordance with the appli­ staff of the facility. In exceptional cases, spaces required to conduct work for cable memorandum of understanding as consideration will be given to increasing noted below; or, in the case of ETL, for manpower authorizations to permit con­ other Department of Defense elements and other Federal agencies lies with the DMA subject to the approval of the duct of work for others in accordance Chief of Research and Development. with procedures referred to in paragraph sponsor. Where the DA, DOD, or Fed­ eral agency sponsor will not provide the (e) of this section. necessary spaces, and for work for all Memorandum of under­ (iv) Performance of the work will not standing included as other sponsors, where the total estimated Laboratory Agency require expansion of normal facilities. appendices1 cost of each investigation or test is (v) The work is within the scope of $30,000 or less. The appropriate Direc­ authorized activities of the laboratory WES...... AMC...... B torate will be advised of each investiga­ ETL...... AMC...... c at which the work is to be performed. tion or test having an estimated or actual CRREL.... . AMC...... D (vi) Performance of the work will not cost exceeding $5,000 (excluding cement ——.—-----*3 be adverse to the public interest. sampling and testing work covered in i Filed as part of the original. (vii) Written certification will be ob­ subdivision (iv) of this subparagraph). (ii) Except as provided for in subffiii- tained from private firms prior to the Reimbursable investigation and test sions (iv) and (v) of this subparagraph performance of investigations or tests, work for which the cost is estimated to the Director of WES, CERL, CERC, «™ that the results of the work to be per­ be in excess of $30,000 will not be initi­ ENPG, the Commander/Director formed will not be used Jn litigation or ated until authorization is received. CRREL, and the Commander of EiL for promotional purposes. Written requests for authorization to authorized to perform (viii) Work will not be performed for conduct work beyond the $30,000 limit work for Army agencies, Federal, S * foreign governments or private firms un­ and notification of all scheduled work and local governmental agencies w less it is firmly established that other costing between $5,000 and $30,000 shall out limitation on cost. Approval laboratory facilities capable of perform­ be submitted to the appropriate office quired prior to performance of samp ing the services are not available, or be­ code as follows: and testing of cement and P°zz° nts cause of location or for other reasons it private firms and foreign govermneh is clearly impractical to utilize other Laboratory Directorate Office Code when the total estimated or.act „„»peds laboratory services. of sampling and testing services " (d) Terms of providing reimburse­ WES...... Civil works...... DAEN-CWO-S $2,500. Requests for approval sn» ETL...... Mil engineering and DAEN- ment for work performed. (1) Federal Topo. MER-D addressed to DAEN-CWO-S. agencies. Reimbursement for work for CERL...... Military construction... DAEN-MCZ-S (v) The Director of CERL isjm ^ the Department of Defense, the Depart­ ENPG...... do...... DAEN-MCZ-S CERC...... Civil works...... DAEN-CWO-S ized to perform compliance tes ment of the Army, and other Federal CRREL...... Military construction... DAEN-MCZ-S paint for Federal, State, and * 0 ® ^ agencies will be in accordance with pre­ emmental agencies when the y scribed procedures. (iii) Except as provided for subdivis­annual cost of services for each T (2) Private concerns and foreign gov­ions (iv) and (v) of this subparagraph, does not exceed $5,000. Approva ernments. Funds to cover the total esti­ the Directors of WEC, CERL, ENPG and quired when the estimated a®“ - mated cost of the work or an initial in­ CERC and the Commander/Director of of compliance testing and rformed crement of the estimated cost based on CRREL and the Commander of ETL are vestigational and testing work P delegated authority to perform reimbur­ for these agencies exceeds Ijoif 1 Filed as part of the original. sable work for U.S. private firms and proval is required to perform

FEDERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 RULES AND REGULATIONS 5173

work for private firms and foreign gov­ (g) Authorization for NASA support. mitted in draft form to the sponsoring ernments when the estimated cost ex­ Testing, studies, and supporting research agency for approval prior to publication ceeds $500. Requests for approval shall and development for and funded- by unless otherwise specified. Distribution be addressed to DAEN-CWO-S. NASA must be authorized by Headquar­ will be made pursuant to instructions (2) Division laboratories, (i) General. ters, Department of the Army. Requests furnished by the sponsoring agency, and Division Engineers are delegated the au­ for such work received by laboratories a copy of each approved interim and thority to approve laboratory work for will be forwarded to the Office, Chief of final technical report will be furnished to Federal, State, and local governmental Engineers marked for the appropriate the appropriate office còde (see para­ agencies when the total estimated cost of office code. (See paragraph (f) (1) (ii) graph (f ) (1) (ii) of this section). In ad­ each investigation or test project is of this section.) dition, if not otherwise indicated for $10,000 or less. Division Engineers are (h) Submission of technical proposals. military-fimded work, furnish one copy also delegated the authority to approve (1) Corps of Engineers research and de­ of each interim and final report to laboratory work for private firms and velopment laboratories are authorized DAEN-MER-D. to submit technical proposals directly to foreign governments when the total (Engineer Reg. 1140-1-210, Dec. 29, 1972) estimated cost of each investigation or Federal agencies covering proposed work (Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012) test project is $2,500 or less. Approval is in their assigned fields except that pro­ required when the estimated or actual posals submitted to DMA must be sub­ For the Adjutant General. costs exceed these delegations of author­ mitted through DAEN-MER-D and the R . B. B elnap, ity. Requests for approval shall be ad­ Office of Research and Development, De­ Special Advisor to TAG. dressed to DAEN-CWO-S. partment of the Army, for approval. [PR Doc.73-3512 Filed 2-23-73;8:45 am] (ii) Sampling and testing of cement Copies of proposals which exceed the and pozzolan. The Division Engineer, delegation of authority contained in this North Pacific Division is delegated the section will be submitted simultaneously Title 46— Shipping authority to approve the sampling and to the Chief of Engineers marked for the CHAPTER I— COAST GUARD, testing of cement and pozzolan for Fed­ attention of the appropriate office code. DEPARTMENT OF TRANSPORTATION eral, State, and local governmental agen­ (2) The above authority for direct [CGD 72-171 A] cies without limitation on cost. Approval submission of technical proposals, does is required prior to performance of not include authority to perform work PART 146— TRANSPORTATION OR STOR­ sampling and testing of cement and when proposals are accepted. When an­ AGE OF EXPLOSIVES OR OTHER DAN­ GEROUS ARTICLES OR SUBSTANCES pozzolan for private firms and foreign other Federal agency requests that work covered by proposals be undertaken, au­ AND COMBUSTIBLE LIQUIDS ON governments when the total estimated BOARD VESSELS or actual cost of the sampling and test­ thority to proceed will be requested from ing service exceeds $2,500. Requests for DAEN-CWO-S, DAEN-MER-D, or Phosphorous Pentasulfide approval shall be addressed to DAEN- DAEN-MCZ-S as required by paragraph Correction CWO-S. (f) of this section. (3) North Pacific Division Hydraulic (i) Program documentation and re­ In FR Doc. 73-2474 appearing at page Laboratory, and San Francisco Bay Model ports. Program documentation and re­ 3981 in the issue for Friday, February 9, Hydraulic Laboratory. Division Engi­ ports will be submitted in accordance 1973, in Table E to § 146.22-100 the pe­ neers for each of these laboratories are with instructions provided by the spon­ nultimate item in the right hand column, delegated the authority to approve labo­ soring agency and to the Office, Chief of “Metal portable tank: (DOT-53, 56)” ratory work for Federal, State, and local Engineers, as directed herein. should be deleted. governmental agencies when the total (1) Copies of all formal program plan­ ning documentation, such as DD Form a • cos^ each investigation or Title 49— -Transportation 1634, submitted to the sponsoring agency ran is $5,000 or less. Approval is CHAPTER X— INTERSTATE COMMERCE J ,uolred when the estimated, or actual, for work which is supported from De­ COMMISSION partment of Defense military appropria­ 5 5 exceed this amount, and for all SUBCHAPTER A— GENERAL RULES AND orx for private organizations and for- tions and which have been budgeted and REGULATIONS programed by other than the Chief of shaii ^Pv®Pn®®hts_. Request for approval [Corrected S .0 .1121] aa be addressed to DAEN-CWO-S. Engineers will be furnished to the Office, Chief of Engineers, with two copies each PART 1033— CAR SERVICE Prf^\Jnier,^gency Sedimentation Proj- marked for DAEN-CWE-C, DAEN-MER- Demurrage and Free Time at Ports m ’iiu ', ^ n^ ony Falls Laboratory, Uni- D, and DAEN-MCZ-S. Tho rw?/ Minnesota, Minneapolis, Minn. (2) For military-funded, RDT & E At a session of the Interstate Com­ ttmriSS / Ct Engineer’ s t - Paul, is au- work, Research and Technology Work merce Commission, Railroad Service ProcurM«n04.Pfrfo.rm work re ls also authorized to agency, with copies furnished the appro­ priate office code. (See paragraph (f) (1) boxcars are impeding both the domestic calibration e«Pe:i^0Jmance of besting and (ii) of this section). and export movement of agricultural, that fabricatl°S- f° r U-S' Private firms mineral, forest,' and manufactured prod­ f°r commpvof bhis specialized equipment (4) Research, developmental, investi­ ucts and other commodities; that cer­ cost for «jprr181 Sale when the estimated gational, and testing work for others will tain existing tariff rules and regulations $2,000 or s a w 0f CorPs personnel is be appropriately reported in the consoli­ provide excessive free-time periods for proval is i f „ . or a single order. Ap- dated program summary and the quar­ loading or unloading at ports, and de­ single order c o i f f When the estimated terly progress summary reports. Author­ murrage, detention, or storage rates at ceeds $2 non P0S} for a Private firm ex­ ized strength of the laboratories on the levels below those applicable to domestic work duringaild when the total cost of consolidated summaries will show both freight; that such rules, regulations, and Private fimf year for any one total spaces and spaces allocated for demurrage, detention, or storage rates aPProval shalf t edS $6,000- Requests for military-funded RDT & E programs. are ineffective in securing prompt release (DAEN-OWFUv? e addressed to HQDA (5) Interim and final technical reports of cars held at the ports. It is the opin­ 20314 WE~Y) Washington, D.C. will be prepared as required by the spon­ ion of the Commission that an emer­ soring agency. These reports will be sub­ gency exists requiring immediate action

FEDERAL REGISTER, VOL. 38, N O . 37— M O NDAY, FEBRUARY 26, 1973 5174 RULES AND REGULATIONS to promote car service in the interest of percent (20%) of the total volume of loading or transshipment at the ports the public and the commerce of the rail carload freight forwarded in plain shall apply. people. Accordingly, the Commission boxcars and covered hopper cars. If the (ii) If no such rules with respect to finds that notice and public procedure required statement is not filed on or be­ arrival, run-around, or constructive are impracticable and contrary to the fore the date specified, cars unloaded or placement are published in the applicable public interest, and that good cause loaded by shippers located at ports and tariffs, the rules published in General Car exists for making this order effective engaging in the transfer of freight be­ Demurrage Tariff 4-1, ICC H-3.6, issued upon less than 30 days’ notice. tween rail and water carriers shall be by B. B. Maurer, supplements thereto, or It is ordered, That: fully subject to all of the requirements of reissues thereof, shall apply. this order. § 1033.1121 Service Order No. 1121. (b) Rules and regulations suspended. (ix) Exception. This order shall not The operation of all rules and regulations, (a) Demurrage and free time at ports.apply to cars of Mexican ownerships held insofar as they conflict with the provi­ Each common carrier by railroad sub­ at Texas Gulf ports. sions of this order, is hereby suspended. (x) Exception. This order shall not ject to the Interstate Commerce Act (c) Effective date. This order shall be­ shall observe, enforce, and obey the fol­ apply to emergency relief supplies, other come effective at 7 a.m., February 5,1973. lowing rules, regulations,, and practices than bulk grain or soybeans, when billed with respect to its car service: to an agency of the U.S. Government. (d) Expiration date. This order shall (1) Application, (i) The provisions of (2) Free time, (i) Not more than a expire at 6:59 a.m., July 31, 1973, unless this order shall apply to intrastate, inter­ total of 72 hours’ free time, excluding otherwise modified, changed, or sus­ state, and foreign commerce. Saturdays, Sundays, and holidays, shall pended by order of this Commission. (ii) This order shall apply to all plain be allowed for loading or unloading plain (Secs. 1, 12, 15, and 17(2), 24 Stat. 379,383, boxcars and to all covered hopper cars box (XM) cars or covered hopper (LO) 384, as amended; 49 U.S.C. 1,12,15, and 17(2). listed in the Official Railway Equipment cars at ocean, Great Lakes, or river ports Interprets or applies secs. 1 ( 10-17), 15(4), with freight requiring transfer between and 17(2), 40 Stat. 101, as amended, 54 Stat, Register, ICC R.E.R. No. 386, issued by 911, 49 U.S.C. 1(10-17), 15(4), 17(2)) W. J. Trezise, or reissues thereof, as bear­ rail and water carriers, either direct or ing railroad reporting marks and as hav­ through port elevators, wharves, docks, It is further ordered, That a copy of ing mechanical designations XM or LO, or warehouses. this order and direction shall be served respectively, held by or for shippers, con­ (ii) When plain box (XM) cars or cov­ upon the Association of American Rail­ signees, or their designated agents, at ered hopper (LO) cars are held by rail roads, Car Service Division, as agent of ocean, Great Lakes, or river ports; or at carriers at any point outside the port be­ the railroads subscribing to the car serv­ any station outside of such ports because cause of any condition attributable to ice and car hire agreement under the of any condition attributable to the ship­ the shipper or consignee, the combined terms of that agreement, and upon the per, consignee, or his designated agent, total of the free time allowed at the port American Short Line Railroad Associa­ and regardless of whether moved on rates and at the point where cars are held shall tion; and that notice of this order be designated as export or as rail-water, not exceed 72 hours, excluding Satur­ given to the general public by depositing or moved on rates also applicable to days, Sundays, and holidays. a copy in the Office of the Secretary of other traffic. (iii) If the maximum free time au­ the Commission at Washington, D.C., (iii) Ocean, Great Lakes, or river ports thorized in applicable tariffs is less than and by filing it with the Director, Office are hereby defined as being any station the 72-hour period described in para­ of the Federal Register. at which shipments are transferred be­ graph (i) of this section, the free-time By the Commission, Railroad Service tween rail carriers and water carriers, periods provided in such tariffs shall Board. whether by direct car-vessel transfer or apply. by intermediate handling through a port [seal] R obert L. Oswald, (3) Demurrage, detention, or storage Secretary. elevator, wharf, dock, or warehouse cap­ charges, (i) After the expiration of the able of both the loading and unloading free time described in paragraph (a) (2) [FR Doc.73-3560 Filed 2-23-73;8:45 am] of rail cars and the loading and unload­ of this section, demurrage charges at the ing of vessels. rates published for application on inter­ (iv) Multiple-car shipments are hereby state traffic in Item 930-J, section A of [S. 0 . 1123] defined as shipments made under tariff General Car Demurrage Tariff 4-1, ICC PART 1033— CAR SERVICE provisions specifically requiring the load­ H-36, issued by B. B. Maurer, supple­ Northwestern Oklahoma RailroadCo.,^ ing of two or more cars in order to qual­ ments thereto, or reissues thereof, shall thorized To Operate Over Certain TracKag« ify for the rate. apply. (See exception.) At a session of the Interstate (v) Constructive placement is hereby (ii) Exception. If the demurrage, de­ merce Commission, Railroad °e defined as the holding of a car by the tention, or storage rates authorized in Board, held in Washington, D.C., on carrier because of the inability of the the applicable tariffs are greater than consignee or shipper to receive it. those described in paragraph (a) (3) (i) 15th day of February 1973. It appearing, that the Missouri- ^ (vi) The terms “Loading”, “Unload­ of this section, such higher rates shall apply. sas-Texas Railroad Co. ing”, and “Forwarding Directions” as Finance Docket No. 26967, was autwj defined in Demurrage Rule 2, Item 905 (iii) Existing tariff rules requiring the ized to abandon its line serving of General Car Demurrage Tariff 4r-I, placement or release, as a unit, of all ICC H-36, issued by .B. B. Maurer, sup­ cars in a multiple-car shipment shall re­ ward, Okla.; that thatJ ^ 10^i?eposts main in effect. line between former MKT mu p plements thereto, or reissues thereof, 218.26 and 221.59 has been sold to r i shall apply to cars subject to this order. (iv) The demurrage, detention, or stor­ W. Pollock, Jr., doing business as c™ , (vii) The term “holidays” means holi­ age rates provided in paragraph (a) (3) western Oklahoma Railroad Co. ^ days as listed in Item 25 of General Car (i) of this section shall supersede all pub­ that the NWO, in Finance Docxe Demurrage Tariff 4-1, ICC H-36, issued lished storage charges expressed in cents 27310, has requested permanent .. per hundred-weight, per bushel, or other by B. B. Maurer, supplements thereto, or ity to acquire and operate thisit ^ reissues thereof. unit of measure, for all freight held at that operation over this trackag > ^ (viii) Exception. This order shall not ports in cars in excess of the free-time NWO is necessary to restore raw apply to cars loaded or unloaded at ports periods provided in paragraph (a) (2) service to shippers served by tn ^ by shippers which file on or before the of this section. age in the interest of the publi .a ^ 10th day of each month a verified state­ (4) Notices of arrival, constructive commerce of the people; __„ractica- ment stating that their rail-water traffic placement, etc. (i) Existing tariff provi­ public procedure herein areinterest; comprised less than twenty percent sions defining constructive placement ble and contrary to the public (20%) of the total volume of rail carload and establishing the requirements for the and that good cause exists i ^ placement, adjustment of run-arounds, freight unloaded from plain boxcars and this order effective upon less covered hopper cars' or that their water- the giving of arrival or constructive place rail traffic comprised less than twenty ment notice on freight destined for un­ days’ notice.

FEDERAL REGISTER, ” OL. 38, NO . 37— MONDAY,. FEBRUARY 26, 1973 RULES AND REGULATIONS 5175

It is ordered, That: § 33.5 Special regulations; sport fishing; page 2448 in the issue for Friday, Janu­ for individual wildlife refuge areas. § 1033.1123 Service Order No. 1123. ary 26, 1973, the following changes (a) Frank W. Pollock, Jr., doing busi­ F lorida should be made: ness as Northwestern Oklahoma Rail­ MERRITT ISLAND NATIONAL WILDLIFE REFUGE 1. The effective date, appearing just road Co., authorized to operated over Sport fishing on the Merritt Island Na­ above the signatures to the document, I certain trackage abandoned by Missouri- tional Wildlife Refuge, Titusville, Fla., is now reading “February 22, 1973”, should Kansas-Texas Railroad Co. Frank W. permitted only on the areas designated read “February 26,1973”. Pollock, Jr., doing business as North­ by signs as open to fishing. These open 2. a. In the parallel reference table western Oklahoma Railroad Co. (NWO) areas are delineated on a map available be, and he is hereby, authorized to oper­ appearing on page 2462 immediately fol­ ate over trackage abondoned by the at the refuge headquarters and from the lowing § 148.89, in the first line after the Missouri-Kansas-Texas Railroad Co. Regional Director, Bureau of Sport Fish­ heading the word “proposed” should (MKT) in the vicinity of Woodward, eries and Wildlife, Peachtree-Seventh read “revised”. Okla., between former MKT mileposts Building, Atlanta, Ga. 30323. Salt and b. In the portion of the table appear­ 218.26 and 221.59, a distance of approxi­ fresh water fish may be taken in accord­ ing in the third column of page 2462 the mately 3.33 miles, pending disposition of ance with all applicable State regulations the application of the NWO in Finance word “Supervised” in the heading to the Docket No. 27310, seeking permanent au­ except for the following special condi­ right-hand column should read “Super­ thority to acquire and operate this tions: seded” . trackage. (1) Sport fishing is permitted in the c. In the left hand column the 10th (b) Application. The provisions of this open areas year round except that fish­ and 11th figures from the bottom, now order shall apply to intrastate, interstate, ing may be prohibited at certain times and foreign tràfide. reading “ 148.85”, and “ 148.84”, respec­ (c) Nothing herein shall be considered when safety and operational factors by tively, should be reversed to read as a prejudgment of the application of NASA so require. At such times the area “ 148.84”, and “ 148.85”, respectively. the NWO in Finance Docket No. 27310, will be posted as closed. Bank fishing seèking permanent authority to acquire along Banana Creek is prohibited. Air and operate this line. thrust boats are not allowed on Refuge [TX>. 73-61] (d) Effective date. This order shall be­ waters. PART 153— ANTIDUMPING come effective at 12:01 a.m., February (2) Legal methods of fishing: 19,1973. Chromic Acid From Australia; Revocation (a) Attended rod and reel and/or pole (e) Expiration date. The provisions of of Dumping Finding and line permitted. this order shall expire at 11:59 p.m., On November 22, 1972, there was pub­ (b) Bow fishing with retrieving line at­ August 31, 1973, unless otherwise modi­ lished in the F ederal R egister (37 FR tached. fied, changed, or suspended by order of 24838) a notice of intent to revoke the this Commission. (c) Cast nets are permitted with not finding of dumping with respect to more than 7-feet length and not more i f r 8, 12, 15, and 17(2)» 24 Stat. 379, 383, chromic acid from Australia (T.D. 56130, M amended.‘ 42 U.S.C. 1, 12, 16, and than 14 feet in diameter and no less than published in the F ederal R egister of InterPrets or applies Secs. 1(10-17), 1 inch mesh. 15(4), and 17(2), 40 Stat. 101, as amended, March 21, 1964 (29 FR 3596)). M Stat. 911; U.S.C. 1(10-17), 15(4), 17(2)) (3) All State regulations must be 49 The above-mentioned notice set forth obeyed while fishing on the Refuge and J to farther ordered, That copies of the reasons for the proposed revocation fishing license must be carried on the tnis order shall be served upon the Asso- and interested parties were afforded an person to be exhibited to Federal or State J” l?? American Railroads, Car Serv- opportunity to make written submissions .„KtDl^Pon> as agent of the railroads officers upon request. No special Refuge in connection therewith. ubscribmg to the car service and car permit is required. No written submissions having been re­ S L agre! ment under the terms of that The provisions of this special regula­ agreement, and upon the American Short ceived, I hereby determine that, for the tion supplement the regulations which t w ir £ oad Association; and that no- reasons stated in the notice of intent to govern fishing on wildlife refuge areas tins order shall be given to the revoke, chromic acid from Australia is no generally which are set forth in Title 50, longer being, nor is likely to be, sold in at Wo “ r ° wrecary oi the Commissior Code of Federal Regulations, Part 33, and the United States at less than fair value, the and by minS « witt are effective through December 31, 1973. the Director, Office of the Federal Regis- and the finding of dumping with respect C. E dward C arlson, to such merchandise is hereby revoked. Regional Director, Bureau Section 153.43 of the Customs Regula­ Board^ 6 ^'ornrnission, Railroad Service of Sport Fisheries and Wildlife. tions is amended by deleting the follow­ February 14,1973. [seal] R obert L. O sw ald, ing from the list of findings of dumping . Secretary. [FR Doc.73-3544 Filed 2-23-73:8:45 am] currently in effect: 000.73-3561 Piled 2-23-73;8:45 am j Title 19— Customs Duties Merchandise Country T.D.

CHabJ*tle ^ Wildlife and Fisheries CHAPTER I— BUREAU OF CUSTOMS, DEPARTMENT OF THE TREASURY Chromic acid £S= 66130 *ES AND~WiVmSi0F SP0RT FISHf [T.D. 73-27] UFE SERVirFDLA S « f ,SH AND WI1 (Secs. 201, 407, 42 Stat. 11, as amended, 18; ■n terio r CE' d e p a r t m e Nt OF Tl PERSONAL DECLARATIONS AND EXEMPTIONS 19 UJS.C. 160, 173) Merritt m RT 33- SP°RT FISHING Declaration and Entry of Articles Tseal] E dward L. M organ, sland National Wildlife Refuge, Correction Assistant Secretary of the Treasury. In FR Doc. 73-1409, amending Parts 4, F ebruary 21,1973. 6, 9 ,10,11, 23,123, and 148, appearing at [FR Doc.73-3676 Filed 2-23-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 5176 Proposed Rule Making

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 resented by proponents and by the sup­ istration of the program. Subject to ap­ port now given to various advertising proval of the Secretary, it is empowered Agricultural Marketing Service and promotion programs in the market. to enter into contracts and agreements [ 7 CFR Part 1036 ] The proposed program, proponents with persons or organizations as deemed necessary to carry out such program. In [Docket No. AO 179-A37] claimed, is necessary to obtain more equitable participation by their mem­ addition, the Agency may recommend to MILK IN THE EASTERN OHIO-WESTERN bers and all other producers on the the Secretary amendments to the terms PENNSYLVANIA MARKETING AREA market. of the program and make such rules and Decision on Proposed Amendments to The spokesman for a cooperative rep­ regulations as are necessary to carry out Marketing Agreement and to Order resenting a relatively small number of its stated objectives. order producers opposed adopting the The powers, duties, and functions spe­ A public .hearing was held upon pro­ program because, he inferred, its cost cifically assigned to the Agency are of posed amendments to the marketing to producers would exceed the benefits a nature and scope to provide participat­ agreement and the order regulating the he expected they would derive from it. ing producers full and necessary author­ handling of milk in the Eastern Ohio- The enabling statute affords producers ity through their representatives on the Western Pennsylvania marketing area. Agency to develop and administer an The hearing was held, pursuant to the under an order the opportunity to de­ termine whether such a program should advertising and promotion program as provisions of the Agricultural Marketing authorized by the Act. (Participating Agreement Act of 1937, as amended (7 be adopted, and provides further that each individual producer may elect producers are those who have not re­ U.S.C. 60 et seq.), and the applicable quested refunds.) At the Agency’s initial rules of practice (7 CFR Part 900), at whether or not to participate in the program if it is adopted. formation, all producers under the order Cleveland, Ohio, on December 6, 1972, will be considered as participating pro­ pursuant to notice thereof issued on A producer who elects not to partici­ ducers. October 30,1972 (37 FR 23342). pate in the program will, upon proper The Act states that the Agency Upon the basis of the evidence intro­ application, be refunded the assessment “ * * * may designate, employ, and al­ duced at the hearing and the record made against his deliveries. Such refund locate funds to persons and organiza­ thereof, the Deputy Administrator, Reg­ will be made by the market administra­ tions engaged in such programs which ulatory Programs, on January 26, 1973 tor on a quarterly basis. The program meet the standards and qualifications (38 FR 3064) filed with the Hearing also provides for refunds to producers specified in the order.” The guidelines Clerk, U.S. Department of Agriculture, assessed under a mandatory advertising concerning this matter are set forth m his recommended decision containing and promotion program under the au­ the amendments to the order. Under the notice of the opportunity to file written thority of a State law. terms of such amendments the Agency exceptions thereto. The rate of 5 cents per hundredweight will develop and submit to the Secretary The material issues, findings and con­ on producer milk, which was proposed by for approval, programs and projects that clusions, rulings, and general findings producers, should be adopted. No other may provide for: (a) The establishment, of the recommended decision are hereby rate was proposed for consideration. A issuance, effectuation, and administra­ approved and adopted and are set forth somewhat similar program under the tion of appropriate programs or projects in full herein. authority of the State is now in effect for advertising and promotion of mill in New York and one has been proposed and milk products on a nonbrand baas, j The material issue on the record of for Pennsylvania. The programs for both (b) the utilization of the services of other the hearing relates to the adoption of an these States (in which the farms of a organizations to carry out Agency pm* advertising and promotion program. number of producers under this order grams and projects, if the Agency im® F indings and C onclusions are located) provide for the same 5-cent that such activities will benefit pm* rate as proposed here (and in several ducers supplying the market; and (c) me The following findings and conclusions other Federal orders). establishment, support, and conduct j on the material issue are based on evi­ Based on the quantity of milk mar­ research and development projects am j dence presented at the hearing and the studies that the Agency finds will ben record thereof; keted under the order in 1971 an assess­ ment rate of 5 cents per hundredweight all producers supplying the market I The order should provide for an ad­ will gross approximately $1.6 million The procedures adopted herein vertising and promotion program (here­ annually. Allowing for refunds to non­ ize a cooperative to select Agency m inafter also referred to as “program”) . participating producers and necessary bers to represent its participa1ting P The request for a hearing to include administrative costs, it can reasonably ducer members. It is provided, llKe an advertising and promotion program be expected that money which will be that Agency representatives for pa & in the order was submitted by four co­ available for advertising and promotion pating nonmembers will be electe¡L a(j. operatives . representing a substantial will be adequate to maintain an appro­ majority of the order’s producers. Two priate program and will compare favor­ ministrator among individual parl other cooperatives also supported adop­ ably with that presently being expended ing producers. If the number of P . tion of the program at the hearing. Pro­ in the eastern Ohio-western Pennsyl­ pating producer members of a coops ponents contended that a program is vania order market. tive is less than the minimum ^ needed to achieve and maintain in­ A definition of “Agency” is incorpo­ to qualify for a representative, w* > creased sales of milk and milk products rated in the order to identify the admin­ be included with participating n° and to compete with the promotional istrative body organized by producers bers in such referendum. ^ efforts on behalf of other food products. and cooperatives to expend the funds for Cooperatives may combine the r . There is substantial support for the advertising and promotional activities. ticipating memberships for tne p proposed program, as evidenced both by The Agency under the terms pre­ of selecting Agency members, sue rjj| the proportion of total producers rep­ scribed herein is responsible for admin­ bined participating membership

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 PROPOSED RULE M AKING 5177 be treated as a single group in deter­ sentatives that such producers together Agency shall be confined to those reason­ mining the number of Agency represent­ are authorized. ably necessary to carry out its responsi­ atives to be selected by such cooperatives. Following the closing date for nomi­ bilities as prescribed by the program. At Since cooperative members constitute nations, the market administrator shall the same time it should be recognized most producers under the order, the notify the nominees who are eligible for that these specified duties are not neces­ Agency members will be principally Agency membership and then shall con­ sarily all inclusive, and it may develop those persons selected by cooperatives. duct a referendum in which each such that there are other duties the Agency Such Agency members (selected by co­ participating producer shall have one may need to perform. operatives individually or in combina­ vote. The statute authorizing advertising tion) may be producers or individuals Since cooperatives may elect to com­ and promotion programs contemplates not engaged in milk production, e.g., em­ bine or not combine for purposes of se­ their surveillance by the Secretary. It ployees of cooperatives. The latter can lecting agency representation, it is pro­ provides that all funds collected under an be expected to reflect their cooperatives’ vided in the case of a cooperative with order for the purpose of a program shall views as fully as any participating pro­ less than the 1.5 percent that does not be used only for such purpose. It is essen­ ducer member of their respective combine, that the balloting of its par­ tial, therefore, that the Agency prepare cooperatives. ticipating producer members shall be on and submit to the Secretary for his If a cooperative with insufficient par­ an individual basis, the same as non­ approval budgets showing projected ticipating membership to select an members. This procedure will tend to amounts of available funds and how such Agency representative has not elected to promote equity between member and funds are to be disbursed. Also, in order combine with another cooperative (s) to nonmember producers in the selection of to make the audit necessary to establish achieve representation, its participating representation. Election of Agency mem­ that Agency funds are used only for au­ members may vote with participating bership will be determined on the basis thorized purposes, the market adminis­ nonmembers in a referendum to select of the nominee (or nominees) receiving trator or other representative of the Sec­ Agency members. The persons selected the largest number of eligible votes of retary must have access to all of the as Agency members through the referen­ participating producers. Agency’s records and access to, and the dum procedure should be producers who Each person selected for the Agency right to examine, any directly pertinent actively support the program. It is ap­ shall qualify by filing with the market books, documents, papers, and records of propriate, therefore, to require that such administrator a written acceptance of any organization performing advertising persons be participating producers. his willingness and intention to serve in and promotion activities for such-Agency. The makeup of the Agency as proposed such capacity. It is anticipated that any Proponents proposed that budgets be by producers, and here adopted, will allot eligible nominee included on the list that prepared and submitted for approval on a cooperative one Agency member for the market administrator is required to a quarterly basis. The Agency must be in 1.5 percent of participating producers circulate to participating nonmember a position to develop firm plans and make plus one additional member for each ad­ producers and certain participating commitments covering a sufficient for­ ditional 5 percent of participating pro­ member producers in the conduct of the ward period to insure a continuing viable ducers. For cooperatives with less than referendum, as discussed elsewhere in program. A calendar quarter is concluded 1.5 percent of participating producers these findings, would advise the market to be the minimum practical period for (that elect not to combine to achieve administrator promptly if he were not achieving this end and it is provided Agency representation) their participat­ willing to be a nominee. Notwithstanding, therefore that a budget shall be sub­ ing producer members together with it is possible that a person elected to mitted to the Secretary for his approval participating nonmember producers will membership or so designated by a coop­ prior to each quarterly period. be allotted Agency representation (as erative may not be able or may not wish All of the possible promotion and other a group) in the same manner. to accept the position. This requirement, authorized activities that the Agency Currently, more than 70 percent of therefore, is necessary in order that the may wish to pursue cannot be antici­ the approximately 8,800 producers under market administrator will know whether pated at this time. Therefore, the au­ the order are represented by 11 coopera­ or not the position has been filled. Such thority for the Agency to establish pro­ tives. Six of the 11 cooperatives each acceptance should be filed promptly after grams and projects is purposely left represent more than 1.5 percent of the notification in order that the formation broad and flexible to facilitate the timely producers on the market and therefore of the Agency can be prompt. development of such programs suitable each would be eligible to select at least The term of office of each member to prevailing circumstances in the one Agency member. The five coopera­ of the Agency as herein adopted is 1 market. tives that individually represent less year or until a replacement is designated Any promotion program or project the than 1.5 percent of the total producers by the cooperative association or is Agency may consider must comport with on the market could combine to obtain elected. the terms and conditions of the order Agency representation for their mem­ It is possible that an elected repre­ and be evaluated in terms of cost,-the bers or be represented together with par­ sentative may leave the market or other­ statutory objectives to be accomplished, ticipating nonmember producers. wise be unable to complete his term of the time required to complete the pro­ On the basis of selecting membership office. It is desirable, therefore, that some gram or project, and other such factors, as here proposed, it is expected that the procedure be provided for filling the in order to arrive at a sound decision as Agency will contain about 20 members. vacancy. It is concluded appropriate in to whether the program or project is An Agency membership of such size is such circumstance that the market ad­ justified. needed to achieve adequate representa­ ministrator appoint as his replacement The required budget submissions will tion of the producers serving this the then currently participating pro­ permit the Secretary to evaluate pro­ market. ducer who received the next highest jected programs in terms of the declared Under the program herein adopl number of eligible votes in the referen­ policy of the Act and also will serve as the market administrator will condut dum. policy guidelines for Agency members in referendum annually to determine r Actions to be taken by the Agency the conduct of their operations for each resentation on the Agency of the p are of such importance that a majority ensuing quarterly period. This will be ficipating producers who will not of the representatives should be required particularly helpful in the transition of ^presented on the Agency by a coope to be present at any meeting to consti­ Agency membership as the terms of office tute a quorum and any action taken by of individual members expire. Within 30 days after the effective date the Agency should require a majority of The Agency appropriately must follow th tile amended order and annually concurring votes of those present and prudent operating procedures in the fur­ .e^ea^er, the market administrator voting. therance of the best interests of pro­ tho- g*ve no^ce to all such producers of The Agency’s duties set forth in the ducers. It is required, therefore, that it ain opp°rtunity to nominate from order are generally necessary for the shall keep minutes of its meetings and a i?n? their groups Agency members discharge of its responsibilities. It is in­ such other books and records as will Q saaU specify the number of repre­ tended that activities undertaken by the clearly reflect all its transactions, and on

FEDERAL REGISTER, VOL. 38, NO. 37 — M O NDAY, FEBRUARY 26, 1973 No. 37-— P t. I ------5 5178 PROPOSED RULE M AKING request shall submit such books and rec­ provided in other orders. Specifically, a first day of the following month through ords to the Secretary for his examina­ producer desiring a refund on the assess­ the remainder of the calendar year un­ tion. It also shall provide for the bonding ments made against his marketings less rescinded by the producer. For the of all persons handling Agency funds would submit to the market administra­ refund request to be applicable during with surety thereon satisfactory to the tor his signed request, in the manner each subsequent year, a producer would Secretary. prescribed by the market administrator, be required to renew such request prior The amending order prescribes no spe­ within the first 15 days of the month (De to the beginning of each year. cific requirements of the Agency to pub­ cember, March, June, or September) pre One of the consequences of monthly lish an account of funds collected and the ceding the calendar quarter for which refunding is that the Agency would be use made thereof or to make releases of refund is requested. required to prepare budgets monthly. information concerning the operation Proponents requested that any appli­ As a result the cost of operating the of the program to producers and other cation for refund be made on forms pre Agency would increase. Refunding on a interested parties. Since the activities of scribed by the market administrator in monthly basis, rather than on the basis the Agency are under the direct super­ order that the market administrator of each calendar quarter, would result vision of the Secretary, it is not neces­ may have proper information to match also in a significant increase in admin­ sary to prescribe such requirements to requests with the proper account. They istrative expense incurred by the market insure the integrity of the program. indicated that unless appropriate safe­ administrator. However, since the degree of producer guards are provided it would be possible In deciding whether the added ex­ participation in the program, and thus for any handler, hauler, producer group pense of monthly refunds is warranted, its relative success, will depend in large or individual, not in accord with the pro­ consideration should be given to the size gram, to impede its effectiveness through part upon the interest and confidence it of the average refund. If the program generates among producers, the Agency the filing of a refund request in the name had been in effect during 1971, the undoubtedly will keep producers on the, of individual producers or by solicitation monthly refund to a producer would market fully informed of its milk pro­ of refund requests from individual pro­ have averaged $15. In view of the amount motion plans, projects, and activities. In ducers, without their full knowledge or of the deduction, it is concluded that a view of these considerations, it is not understanding of the nature of their, "producer desiring a refund would not necessary to prescribe specific informa­ action. be disadvantaged by quarterly refund­ It is concluded that the order should tional releases to producers and other ing to the extent that the added expense provide that a refund shall be accom­ of monthly refunding is warranted. parties. plished only through application filed The Agency should be authorized to with, and in the manner prescribed by, Producers who apply for a refund incur reasonable expense in its admin­ the market administrator and signed by should be required to renew their appli­ istration of the program, including the the producer. This will permit the mar­ cations once each quarter rather than employment and the fixing of compensa­ ket administrator to develop appropriate on a yearly basis. Since the program of tion of any person necessary to the exer­ procedures with respect to refund re­ the Agency is subject to change each cise of its powers and performance of its quests. quarter because of quarterly budgeting, duties. For example, the Agency may find all producers should be given an oppor­ To insure that producers have an it necessary to retain the services of an tunity each quarter to reappraise the awareness of the program and of their attorney from time to time to assist in program. For this reason producers re­ rights thereunder, it is provided that the the preparation of contracts, or to em­ ceiving a refund of any assessment under market administrator shall forward to ploy a stenographer, or other individu­ the advertising and promotion program each producer a copy of the amended al (s) to handle its recordkeeping and should be required to refile for such re­ order promptly when the program is ef­ bookkeeping functions. Other Agency fund quarterly. costs could be expected to involve miscel­ fectuated, and thereafter to new pro­ ducers. Proponents recognized that certain laneous office costs usually' associated elements of flexibility are necessary in with a business office. All refunds paid should be made by the procedure when a dairy farmer is It is appropriate and necessary that the market administrator directly to the not on the market during the specified Agency representatives be reimbursed producer requesting the refund. This is notification period in which requests for a primary consideration in assuring that for reasonable expenses incurred in at­ refunds are to be made. It was proposed tending meetings and while on other the payment of the money to the pro­ that a dairy farmer coming on the mar­ Agency business. This could involve ex­ ducer will be expedited and that the pro­ ket after such specified period and before penses for travel in private car, and ex­ ducer does, in fact, receive the money the beginning of the next regular period penses incurred for public transporta­ to which he is entitled. The market ad­ for requesting refunds be permitted to tion, meals, and lodging. It would be un­ ministrator is in possession of the infor­ request refund for the calendar quarter. reasonable to require members of the mation on which to determine the It was pointed out, however, that a Agency to bear such expenses incurred in validity of the request, and the identity dairy farmer coming on the market may the interest of all producers on the mar­ of the producer, or is in a position to ob­ have been a producer on another market ket. tain the necessary information for these where a similar program applies and . The Agency members therefore should purposes. Further, inasmuch as all the where he had requested refund for the have assurance that they will not be money involved in the program is in the calendar quarter or had opportunity to personally liable for the impact of their first instance collected by the market ad­ make such request. Proponents suggested official acts except for willful miscon­ ministrator, there is no reason for any that, ideally, one request by a producer duct, gross negligence, or any acts that other method of payment of refunds than should serve for all markets in which his are criminal in nature. To assure that directly from the market administrator milk is delivered and subject to program the Agency funds are used only for the to the individual producer. assessments. purpose contemplated by the Congress, A quarterly refund procedure, to­ The program should operate in such a it is provided that such funds shall not gether with the requirement that refund manner that an application property be used for political activities, or for in­ requests be made within the first 15 days submitted by a dairy farmer for refun fluencing governmental policy or acts. of the month immediately preceding the for a calendar quarter under one orae Although a specified assessment auto­ calendar quarter, should be provided so will be valid with respect to refund o matically will be withheld for the pro­ that the Agency may make quarterly program assessments on his milk und gram with respect to milk deliveries of budget estimates for each ensuing cal­ a second order. As a corollary, there all producers, the authorizing statute, endar quarter with reasonable assurance no need to provide a new producer op­ nevertheless, provides that producers not of the amount of money available for ex­ portunity to request refund if he wishing to participate in the program penditure in that quarter. has had such opportunity in anot*L_ shall have refunded the assessments One cooperative proposed that refund market. To do so would result in unnec . made on their milk. requests should be accepted by the mar­ sary duplication of the refund Pr0®e<" ,j.v As proposed, the procedure for obtain­ ket administrator during any month. and added expense. A second opportune ing a refund would be the same as now Such requests would be effective on the for such producers to request a reiu

FEDERAL REGISTER, VOL. 38, NO. 37— M O NDAY, FEBRUARY 26, 1973 PROPOSED RULE M AKING 5179

would also be inequitable compared to the marketing service fund nor the ad­ R ulings on P roposed F indings and the application of the order to producers ministrative fund should be charged with C onclusions who are afforded the opportunity only costs directly related to the administra­ in the specified 15-day period. tion of the program. The program is pro­ Briefs and proposed findings and con­ clusions were filed on behalf of certain * A producer who has not been under a ducer originated and should be self- sustaining. The expenses attendant to interested parties. These briefs, proposed Federal milk order where a similar pro­ findings and conclusions and the evidence gram exists, and who enters the market its administration appropriately should be borne by participating producers. in the record were considered in making after the regular refund notification pe­ the-findings and conclusions set forth riod applicable to a calendar quarter The statutory authority supports this position and makes it clear that this is above. To the extent that the suggested or comes on the market during such findings and conclusions filed by inter­ calendar quarter, should be permitted intended to be strictly a producer pro­ gram. In part the law states that “Estab­ ested parties are inconsistent with the to apply for refund of assessments for findings and conclusions set forth herein, such calendar quarter. lishing or providing for the establishment of * * * program * * * to be financed the requests to make such findings or Proponents recognized that the milk of reach such conclusions are denied for the by producers in a manner and at a rate some producers may be subject to de­ reasons previously stated in this decision. ductions under a State program requir­ specified in the order, on all producer ing a mandatory checkoff for a similar milk under the order. * * * All funds G eneral F indings advertising and promotion program. Pro­ collected under this subparagraph shall The findings and determinations here­ ponents held that a double assessment be separately accounted for and shall be inafter set forth are supplementary and was not intended and that refund to the used only for the purpose for which they in addition to the findings and determi­ producer should be made under the Fed­ are collected.” nations previously made in connection eral order of an amount equal to such To implement the program, it is neces­ with the issuance of the aforesaid order State assessment but not in excess of 5 sary that certain provisions of the cur­ and of the previously issued amendments cents per hundredweight. This procedure rent order be modified. thereto ; and all of said previous findings is provided for in the statute and should The provisions for computing the and determinations are hereby ratified be adopted. weighted average price must be modified and affirmed, except insofar as such find­ A part of the function of the market by inserting a new paragraph prescrib­ ings and determinations may be in con­ administrator in relation to handling of ing the deduction of 5 cents per hundred­ flict with the findings and determinations applications for refunds is the ascertain­ weight of producer milk from the set forth herein. ment of the amount of funds to be avail­ aggregate value included in the compu­ able to the Agency during the ensuing tation. It is through this procedure that (a) The tentative marketing agreement calendar quarter for use in the program. the advertising and promotion funds are and the order, as hereby proposed to be Under the procedure specifying that ap­ reserved. This, of course, has the result amended, and all of the terms and con­ plication for refunds should be made dur­ of reducing the weighted average price ditions thereof, will tend to effectuate the ing the first 15 days of the month pre­ by 5 cents. S declared policy of the Act; ceding the quarter, the market adminis­ The advertising and promotion moneys (b) The parity prices of milk as deter­ trator will have in hand information so reserved will be held in the producer- mined pursuant to section 2 of the Act from which to estimate the total of as­ settlement fund as a separate account for are not reasonable in view of the price sessments on milk during the ensuing disposition by the market administrator of feeds, available supplies of feeds, and quarter that will be available for dis­ in accordance with the terms and con­ other economic conditions which affect bursement to the Agency. Such estimate ditions prescribed under the advertising market supply and demand for milk in of available funds will be based, of course, and promotion program order provisions. the marketing area, and the m in im u m only on existing information at the be­ It is necessary also that appropriate prices specified in the tentative market­ ginning of the calendar quarter. Changes corollary changes be made in the provi­ ing agreement and the order, as hereby in producer numbers as well as other sions prescribing the obligations of a proposed to be amended, are such prices occurrences during the quarter will affect handler operating a partially regulated as will reflect the aforesaid factors, in­ somewhat the amount of money avail­ distributing plant and the obligations sure a sufficient quantity of pure and able. of any handler with respect to other wholesome milk, and be in the public Since this is a voluntary program source milk allocated to Class I (on which interest; and there should be no provision for disclo­ the pool obligation is the difference be­ (c) The tentative marketing agree­ sure by the market administrator regard­ tween the Class I and the weighted aver­ ment and the order, as hereby proposed ing the status of any producer under the age price) so that such handler’s pool to be amended, will regulate the handling Program. It will be incumbent upon the obligations will not be increased by 5 of milk in the same manner as, and will participants, through their Agency, to cents because of the change in the be applicable only to persons in the re­ conduct programs in a manner and of weighted average price. spective classes of industrial and com­ a nature to set the climate for maximum It is recognized that, unless otherwise mercial activity specified in, a marketing Participation by producers. provided for, an audit adjustment involv­ agreement upon which a hearing has It is possible that at some later date ing any handler’s balance of payment to been held. Producers could request termination of or from the producer-settlement fund R ulings on Exceptions ne^ rogram’ or the order provisions could also require v adjustments in the could be terminated by the Secretary on moneys to be turned over to the program In arriving at the findings and con­ a ffnding that they no longer tend to or refunded to producers. However, such clusions, and the regulatory provisions T«+Ci,Uate declared policy of the Act. adjustment normally would not involve of this decision, each of the exceptions the event that the provisions of the sufficient volumes of milk to significantly received was carefully and fully consid­ p ogram are terminated in their entirety, affect the moneys available to the pro­ ered in conjunction with the record evi­ nl.y ?^matoing uncommitted funds ap- gram. For this reason and because of the dence. To the extent that the findings p cable thereto should revert to pro- substantial administrative costs that and conclusions, and the regulatory pro­ J ? ? rs. s*nce such moneys are derived would be involved in reflecting audit ad­ visions of this decision are at variance pr y fr°m funds otherwise due produc- justment in adjusted payments to the with any of the exceptions, such excep­ • ouch uncommitted funds appropri- program, it is intended that such audit tions are hereby overruled for the rea­ a y should be deposited in the pro- adjustments shall not result in adjust­ sons previously stated in this decision. ucer-settlement fund for distribution ments of funds available to the program. M arketing A greement and O rder Other order modifications not specifi­ to producers. Annexed hereto and made a part Expenses incurred by the market ad- cally discussed herein are necessary and incidental to insure the proper function­ hereof are two documents, a marketing - S rator to the administration of the ing of the order to accommodate the ad­ agreement regulating the handling of f)f1l;gran^ should be charged against the vertising and promotion program as here milk, and an order amending the order rtising and promotion funds. Neither established. regulating the handling of milk in the

FEDERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 5180 PROPOSED RULE M AKING

Eastern Ohio - Western Pennsylvania sylvania marketing area. The hearing § 1 0 3 6 .7 1 Payments to the producer, marketing area which have been decided was held pursuant to the provisions of settlement fund. upon as the detailed and appropriate the Agricultural Marketing Agreement (a) * * * Act of 1937, as amended (7 U.S.C. .601 et means of effectuating the foregoing con­ (2) * * * clusions. seq.), and the applicable rules of prac­ It is hereby ordered, That this entire tice and procedure (7 CFR Part 900). (ii) The value at the weighted average decision, except the attached marketing Upon the basis of the evidence intro­ price applicable at the location of the plants from which received plus 5 cents agreement, be published in the F ederal duced at such hearing and the record with respect to other source milk for R egister. The regulatory provisions o f thereof, it is found that: the marketing agreement are identical ( 1 ) The said order as hereby amended, which a value is computed pursuant to with those contained in the order as and all of the terms and conditions § 1036.60(e). hereby proposed to be amended by the thereof, will tend to effectuate the de­ * * * * * attached order which is published with clared policy of the Act; 3. In § 1036.76, paragraph (b) (4) is re­ this decision. ( 2 ) The parity prices of milk, as deter­ vised as follows: mined pursuant to section 2 of the Act, R eferendum O rder T o D eterm ine P ro­ are not reasonable in view of the price § 1036.76 Payments by handler oper­ ducer A pproval; D etermination of of feeds, available supplies of feeds, and ating a partially regulated distrib­ R epresentative P eriod; and D esigna­ other economic conditions which affect uting plant. tio n of R eferendum A gent market supply and demand for milk in 4c 4> 4: 4c * It is hereby directed that a referendum the said marketing area, and the mini­ (b) * * * be conducted and completed on or before mum prices specified in the order as (4) Multiply the remaining pounds by the 30th day from the date this decision hereby amended, are such prices as will the difference between the Class I price is issued, in accordance with the pro­ reflect the aforesaid factors, insure a suf­ applicable at the location of the partially cedure for the conduct of referenda (7 ficient quantity of pure and wholesome regulated distributing plant (but not to CFR 900.300 et seq.), to determine milk, and be in the public interest; and be less than the Class III price) and the whether the issuance of the attached (3) The said order as hereby amendedweighted average price applicable at the order as amended and as hereby pro­ regulates the handling of milk in the location of the partially regulated dis­ posed to be amended, regulating the same manner as, and is applicable only tributing plant plus 5 cents (but not to handlirig of milk in the Eastern Ohio- to persons in the respective classes of be less than the Class III price); and Western Pennsylvania marketing area is industrial or commercial activity speci­ 4c 4c 4c 4c 4c approved or favored by producers, as de­ fied in, a marketing agreement upon 4. Immediately following § 1036.86, a fined under the terms of the order, as which a hearing has been held. new centerhead and new §§ 1036.110 amended and as hereby proposed to be Order relative to handling. It is there­ through 1036.122 are added as follows: amended, and who, during the repre­ fore ordered that on and after the effec­ sentative period, were engaged in the tive date hereof the handling of milk in A dvertising and P rom otion P rogram production of milk for sale within the the Eastern Ohio-Western Pennsylvania § 1036.110 Agency. aforesaid marketing area. marketing area shall be in conformity to The representative period for the con­ and in compliance with the terms and “ Agency” means the body made up of duct of such referendum is hereby de­ conditions of the order, as amended, and the persons selected pursuant to § 1036.- termined to be January 1973. as hereby amended, as follows: 113, which is authorized to expend funds, made available pursuant to § 1036.121(b) The agent of the Secretary to conduct The provisions of the proposed mar­ ( 1 ), on approval by the Secretary, for the such referendum is hereby designated to keting agreement and order amending purposes of establishing or providing for be Cleo C. Taylor. the order contained in the recommended establishment of research and develop­ Signed at Washington, D.C., on Feb­ decision issued by the Deputy Adminis­ ment projects, advertising (excluding ruary 21, 1973. trator, Regulatory Programs, on Janu­ brand advertising), sales promotion, ed­ ary 26, 1973 and published in the F ederal C layton Y eutter, ucational, and other programs, designed Assistant Secretary. R egister on February 1, 1973 (38 FR to improve or promote the domestic mar­ 3064) shall be and are the terms and keting and consumption of milk and its Order1 amending the order, regulating provisions of this order, amending the handling of milk in the Eastern products. Members of the Agency shall the order, and are set forth in full serve without compensation but shall be Ohio-Western Pennsylvania market­ herein, subject to the modifications in ing area. reimbursed for reasonable expenses in­ §§ 1036.120(b) and 1036.121(b) (3) and curred in the performance of duties as (d) ; F indings and D eterminations members of the Agency. 1. In § 1036.61, a new paragraph (c-1) The findings and determinations here­ is added and paragraph (g) is revised as § 1036.111 Composition of the Agency. inafter set forth are supplementary and follows: Each cooperative association or com­ in addition to the findings and determi­ bination of cooperative associations as nations previously made in connection § 1036.61 Computation of uniform price« provided for under § 1036.113(b) with 1.5 with the issuance of the aforesaid order percent or more of the total participat­ and of the previously issued amendments ***** ing producers (producers who have not thereto; and all of said previous findings (C-1) Subtract an amount computed requested refunds for the most recent and determinations are hereby ratified by multiplying the total hundredweight quarter) is authorized one Agency mem­ and affirmed, except insofar as such find­ of producer milk included pursuant to ber plus one additional Agency member ings and determinations may be in con­ paragraph (a) of this section by 5 cents; for each additional full 5 percent of tn flict with the findings and determina­ 4c * * * * participating producers it represents. tions set forth herein. (g) For the months specified in para­ Cooperative associations with less than (a) Findings. A public hearing was heldgraphs (h) and (i) of this section, sub­ 1.5 percent of-the total participating Pf°' upon certain proposed amendments to tract from the amount resulting from ducers that have elected not to combi the tentative marketing agreement arid the computations pursuant to para­ pursuant to § 1036.113(b), and partici­ to the order regulating the handling of graphs (a) through (d) of this section an pating producers who are not memo milk in the Eastern Ohio-Western Penn- amount computed by multiplying the of cooperatives are authorized .to' se* hundredweight of milk specified in para­ from such group, in total, one Age i This order shall not become effective un­ graph (e) (2) of this section by the member for the first full 1.5 percent P less and until the requirements o f § 900.14 of weighted average price plus 5 cents; one additional Agency member for ea the rules of practice and procedure govern­ ***** additional full 5 percent that such P ing proceedings to formulate marketing ducers constitute of the total particip agreements and marketing orders have been 2. In § 1036.71, paragraph (a) (2) (ii) is met. revised as follows: ing producers. For the purpose of

FEDERAL REGISTER. VOL. 38, NO . 37— ‘MONDAY, FEBRUARY 26, 1973 PROPOSED RULE M AKING 5181

Agency’s initial organization, all pro­ § 1036.115 Powers of the Agency. projects and studies that the Agency ducers shall be considered participating The Agency is empowered to: finds will benefit all producers under this producers. (a) Administer the terms and provi­ part. § 1036.112 Term of office. sions of the advertising and promotion § 1036.118 Limitation of expenditures The term of office of each member o f program within the scope of Agency by the Agency. the Agency shall be 1 year or until a authority pursuant to § 1036.110; (a) Not more than 5 percent of the replacement is designated by the cooper­ (b) Make rules and regulations to funds received by the Agency pursuant ative association or is otherwise appro­ effectuate the terms and provisions of to § 1036.121(b)(1) shall be utilized for priately elected. the advertising and promotion program; administrative expense of the Agency. (c) Recommend amendments to the (b) Agency funds shall not, in any § 1036.113 Selection of Agency mem­ Secretary; and bers. manner', be used for political activity or (d) With the approval of the Secre­ for the purpose of influencing govern­ The selection of Agency members shall tary, enter into contracts and agreements mental policy or action, except in recom­ be made pursuant to this section. Each with persons or organizations as deemed mending to the Secretary amendments person selected shall qualify by filing necessary to carry out advertising and to the advertising and promotion pro­ with the market administrator a written promotion programs and projects speci­ gram provisions of this part. fied in §§ 1036.110 and 1036.117. acceptance promptly after being notified (c) Agency funds may not be ex­ of such selection. § 1036.116 Duties of the Agency. pended to solicit producer participation. (a) Each cooperative association au­ The Agency shall perform all duties (d) Agency funds may be used only thorized one or more Agency members for programs and projects promoting the shall notify the market administrator of necessary to carry out the terms and pro­ visions of this program including, but not domestic marketing and consumption of the name and address o f each such mem­ milk and its products. ber who shall serve at the pleasure of the limited to, the following: cooperative. (a) Meet, organize, and select from § 1036.119 Personal liability. among its members a chairman and such (b) For the purpose of this section, other officers and committees as may be No member of the Agency shall be held cooperative associations may combine necessary and adopt and make public personally responsible, either individually their participating producer members such rules as may be necessary for the or jointly with others, in any way what­ and, if such combined total is 1.5 percent conduct of its business; soever, to any person for errors in judg­ or more of all participating producers, (b) Develop programs and projects ment, mistakes, or other acts, either of such cooperatives may select an Agency pursuant to §§ 1036.110 and 1036.117; commission or omission, of such member member(s) under the rules of § 1036.111 in performance of his duties, except for and paragraph (a) of this section. (c) Keep minutes, books, and records and submit books and records for exami­ acts of willful misconduct, gross negli­ (c) Selection of Agency members to nation by the Secretary and furnish any gence, or those which are criminal represent participating nonmember pro­ information and reports requested by the in nature. ducers and participating producer mem­ Secretary; bers of a cooperative association(s) § 1036.120 Procedure for requesting re­ funds. having less than 1.5 percent of the total (d) Prepare and submit to the Secre­ participating producers that have not tary for approval prior to each quarterly Any producer may apply for refund elected to combine pursuant to para­ period a budget showing the projected subject to the conditions set forth in this graph (b) of this section shall be super­ amounts to be collected during the section. vised by the market administrator in quarter and how such funds are to be (a) Refund shall be accomplished only the following manner: disbursed by the Agency; through application filed with, and in the (1) Promptly after the effective date (e) Employ and fix the compensation manner prescribed by, the market ad­ of this section, and annually thereafter, of any person deemed necessary to its ministrator and signed by the producer. the market administrator shall notify exercise of powers and performance of Only that information necessary to iden­ such participating producers of their op­ duties; tify the producer and the records relevant portunity to nominate one or more pro­ (f) Establish the rate of reimburse­ to the refund may be required of such ducers as Agency members and shall ment to the members of the Agency for producer. specify the number of members tu be expenses in attending meetings, and pay (b) Except as provided in paragraph selected. the expenses of administering the (c) of this section, the request shall be (2) Following the closing date for Agency; and submitted within the first 15 days of R a tion s, the market administrator (g) Provide for the bonding of all per­ December, March, June or September for ^ announce the nominees who are sons handling Agency funds in an milk to be marketed during the ensuing eligible for Agency membership and shall amount and with surety thereon satis­ calendar quarter beginning on the first °.n“4ct a referendum among producers factory to the Secretary. day o| January, April, July, and October, respectively. to vote. Election to membership § 1036.117 Advertising, research, edu­ 2 be determined on the basis of the cation, and promotion program. (c) A dairy farmer who first acquires minee (or nominees) receiving the producer status under this part after the argest number of eligible votes. If an The Agency shall develop and submit 15th day of December, March, June, or to the Secretary for approval all pro­ September, and prior to the end of the Agency member thus elected subse­ grams or projects undertaken under the quently discontinues producer status or ensuing calendar quarter may, upon ap­ authority of this part. Such programs or plication filed with the market adminis­ is otherwise unable to complete his term projects may provide for: trator pursuant to paragraph (a) of this 0 °®ce> the market administrator shall (a) The establishment, issuance, effec­section, be eligible for refund on all his appoint as his replacement the partici- tuation, and administration of appro­ marketings against which an assessment a mg producer who received the next priate programs or projects for the is withheld for the period from the date advertising and promotion of milk and mghest number of eligible votes. of his first marketing as a new producer milk products on a nonbrand basis; through the end of such calendar quar­ § 1036.114 Agency operating procedure. -*(b) The utilization of the services of ter: Provided; That, such eligibility for majority the Agency members other organizations to carry out Agency refund shall not apply to a person who programs and projects if the Agency nf tv. cons^tute a quorum and any action during the first 15 days of such Decem­ finds that such activities jvill benefit all ber, March, June or September, was a e ^.gency shall require a majority of producers under this part; producer under a Federal order under votinUrrmS V0^es those present and (c) The establishment, support, andwhich the same refund notification pe­ conduct of research and development riod applied and he did not appropriately

FEDERAL REGISTER, VOL. 38, NO. 37— M O NDAY, FEBRUARY 26, 1973 5182 PROPOSED RULE M AKING

submit' a refund application during such § 1036.122 Liquidation. § 404.704 Evidence as to death. period. This paragraph also shall be ap­ In the event that the provisions of this * * * * * plicable to all producers during the pe­ advertising and promotion program are (c) Where death occurs outside the riod between the effective date of this terminated, any remaining uncommitted paragraph and the beginning of the first United States. If death occurs outside funds applicable thereto shall revert to the United States, there must be fur­ full calendar quarter for which the op­ the producer-settlement fund. portunity exists for such producer to nished a report of the death by a U.S. request a refund pursuant to paragraph [FR Doc.73-3579 Filed 2-23-73;8:45 am] consul, or other agent of the State De­ (b) of this section. partment, bearing the signature and offi­ cial seal of such consul or agent; or a (d) A producer who, with respect to DEPARTMENT OF HEALTH, certified copy of the public record of any calendar quarter, has appropriately EDUCATION, AND WELFARE death issued by a foreign vital statistics filed request for refund of advertising or health department or agency; or other Social Security Administration and promotion program assessments on evidence of probative value. his marketings of milk under another [ 20 CFR Part 404 ] Federal order shall be eligible (on the [FR Doc.73-3546 Filed 2-23-73;8:45 am] [Reg. No. 4] basis of his request filed under the other order) for refund with respect to his FEDERAL OLD-AGE, SURVIVORS, AND DEPARTMENT OF TRANSPORTATION producer milk under this order against DISABILITY INSURANCE (1950-... ) Federal Aviation Administration which an assessment is withheld during Proof of Death such quarter. [ 14 CFR Part 71 ] Notice is hereby given pursuant to the § 1036.121 Duties of the market admin­ Administrative Procedure Act, as [Airspace Docket No. 72-SW-84] istrator. amended (5 U.S.C. 553) that the amend­ EXTENSION OF VOR FEDERAL AIRWAYS Except as specified in § 1036.116, the ment to the regulations (20 CFR Part market administrator, in addition to 404) as set forth below in tentative form Notice of Proposed Rule Making other duties specified by this part, shall is proposed by the Commissioner of Social The Federal Aviation Administration perform all the duties necessary to ad­ Security with the approval of the Secre­ (FAA) is considering an amendment to minister the terms and provisions of the tary of Health, Education, and Welfare. Part 71 of the Federal Aviation Regula­ advertising and promotion program in­ The proposed amendment to the regula­ tions that would extend VOR Federal cluding, but not limited to, the following: tions would eliminate the requirement airway No. 306 from Austin, Tex., to (a) Within 30 days after the effective that a certified copy of the public record Junction, Tex. date of this section, and annually there­ of death occurring outside the United Interested persons may participate in after, conduct a referendum to determine States be authenticated in all cases by the proposed rule making by submitting representation on the Agency pursuant the U.S. consul or other agent of the such written data, views or arguments as to § 1036.113(c); State Department. However, where the they may desire. Communications should probative value of any such evidence may identify the airspace docket number and (b) Set aside the amount subtracted be questionable, the Social Security Ad­ under § 1036.61 (c-1) into an advertising be submitted in triplicate to the Direc­ ministration reserves the right to require tor, Southwest Region, Attention: Chief, ' and promotion fund, separately ac­ verification or corroboration of such counted for, from which shall be dis­ Air Traffic Division, Federal Aviation evidence. bursed: Administration, Post Office Box 1689, Prior to the adoption of the proposed Fort Worth, T X 76101. All communica­ (1) To the Agency each month, all regulations, consideration will be given tions received on or before March 23, such funds less any necessary amount to any data, views, and comments relat­ 1973,. will be considered before action is held in reserve to cover refunds pursuant ing thereto which are submitted in writ­ taken on the proposed amendment. The to subparagraphs (2) and (3) of this ing to the Commissioner of Social Secu­ paragraph, and payments to cover ex­ proposal.contained in this notice may be rity, Department of Health, Education, changed in the light of comments penses of the market administrator in­ and Welfare Building, Fourth and Inde­ curred in the administration of the received. pendence Avenue SW., Washington, D.C. An official docket will be available for advertising and promotion program (in­ 20201, on or before March 28,1973. cluding audit). examination by interested persons at the Copies of all comments received in Federal Aviation Administration, Office (2) Refund to a producer the amount of the General Counsel, Attention: Rules of mandatory checkoff for advertising response to this notice will be available for public inspection during regular busi­ Docket, 800 Independence Avenue SW., and promotion programs required under Washington, DC 20591. An informal authority of State law applicable to such ness hours at the Washington Inquiries docket also will be available for examina­ producer but not more than 5 cents per Section, Office of Public Affairs, Social tion at the office of the Regional Air hundredweight of his milk for which Security Administration, Department of Traffic Division Chief. deductions were made pursuant to Health, Education, and Welfare, North § 1036.61(c-l). The proposed amendment would ex­ Building, Room 3193, 330 Independence tend VOR Federal airway No. 306 from (3) After the end of each calendar Avenue SW., Washington, DC 20201. Austin, Tex., via INT of Austin 279°T quarter, refund upon request pursuant (270°M) and Junction, Tex., 099°T (Secs. 205 and 1102, 53 Stat. 1368, as to § 1036.120 to a producer the deduc­ (089°M) radials to Junction. The ex­ tions applicable to his milk made pur­ amended; 49 Stat. 647, as amended; 67 Stat. 18, 631; 42 U.S.C. 405, and 1302) tension of V-306 would provide a shorter suant to § 1036.61 (c-1) for such calendar route from Austin to Junction for air­ quarter, less the amount of any refund Dated: January 22, 1973. space users who want to proceed west otherwise made to the producer pursuant R obert M . B all, bound departing or overflying Austin. to subparagraph (2) of this paragraph. Commissioner of Social Security. (c) Promptly after the effective date (Sec. 307(a) Federal Aviation Act of 1958 Approved: February 20, 1973. 49 U.S.C. 1348(a); sec. 6 (c) Department oi of this section, and thereafter with re­ Transportation Act 49 U.S.C. 1655(c)) spect to a. new producer, forward to each Caspar W . W einberger, producer a copy of the provisions of the Secretary of Health, Issued in Washington, D.C., on Feb' advertising and promotion program Education, and Welfare. ruaiy 16, 1973. (§§ 1036.110 through 1036.122). Subpart H of Regulations No. 4 (20 C harles H. N ewpol, (d) Make necessary audits to establish CFR 404.1 et seq.) is amended as follows: Acting Chief, Airspace ana Air Traffic Rules Division. that all Agency funds are used only for Paragraph (c) of § 404.704 is revised to authorized purposes. read as follows: - PR Doc.73-3507 Filed 2- 23- 73; 8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 PROPOSED RULE MAKING 5183

ENVIRONMENTAL PROTECTION formation that must be made available would implement sections 206 and 208 of AGENCY on the relationship between prototype the Clean Air Act. and production vehicles, and would state Dated: February 21, 1973. [4 0 CFR Part 85 ] that a test vehicle may be rejected if the Administrator finds that it was built us­ W ill ia m D. R tjckelshaus, CONTROL OF AIR POLLUTION FROM NEW Administrator. MOTOR VEHICLES AND NEW MOTOR ing a process substantially different from VEHICLE ENGINES the one to be used in building the cor­ Part 85 of Title 40 is hereby amended responding production vehicles. as follows: Motor Vehicle Certification Procedures 3. In 1971, approximately 9.7 million 1. Paragraph (a) of § 85.002 is Notice is hereby given that various sec­ new cars were sold in this country. About amended by adding a new paragraph tions of Part 85 of Title 40 of the Code 1.5 million, or 15 percent were imports. (26) reading as follows: of Federal Regulations are proposed to In the last 4 years, the imports’ share of § 85.002 Definitions. be revised to read as set forth below. the market has never been less than 10 Interested persons may participate in percent. (a) * * * this rulemaking proceeding by submit­ Without exception, the manufacturers (26) “EPA Inspector” shall mean any ting written comments in triplicate to: of these imports have located their cer­ officer or employee of the Environmental Norman D. Shutler, Director, Mobile Source tification testing facilities overseas. Protection Agency designated in writing Enforcement Division, Room 3220, Environ­ Nothing in the Clean Air Act or the regu­ by the Administrator (or by his desig­ mental Protection Agency, 401 M Street lations under it forbids that choice. How­ nee) as an EPA Motor Vehicle Emissions SW., Washington, DC 20460. ever, the proposed regulations make clear Control Inspector. All comments received on or before that all testing facilities, wherever lo­ 2. Paragraphs (a) and (c) of § 85.006 April 27, 1973, will be considered. All cated, are subject to the same record­ are revised to read as follows : comments will be made available for keeping and inspection requirements. public inspection. * Since these requirements are necessary § 85.006 Maintenance of records; sub­ mittal of information; right of entry. Final regulations, modified as the Ad­ to insure the integrity of the testing ministrator deems appropriate after con­ process, tests which are not subject to (a) The manufacturer of any new sideration of comments, will be promul­ them cannot be considered reliable. In motor vehicle subject to any of the gated as soon as practicable after such addition, to fail to apply these require­ standards or procedures prescribed in consideration. ments to facilities located overseas would this subpart (including certification test­ Explanatory statement. Four major discriminate unjustifiably against do­ ing) shall establish and maintain the purposes are intended to be served by mestic manufacturers in favor of their following adequately organized and in­ the proposed amendments. foreign competition. dexed records: 1. EPA practice under the Clean Air If these regulations are adopted as (1) General records, (i) Identification Amendments of 1970 has been, and will proposed, they will apply even to facili­ and description of all vehicles for which continue to be, to place a major share of ties located in jurisdictions where local testing is required under this subpart. the responsibility for certification test­ law forbids the kind of summary inspec­ (ii) A description of all emission con­ ing of motor vehicles on the applicant tions they allow. Though it is well trol systems which are installed on or in­ manufacturer. This approach, besides re­ established that American courts will not corporated in each such vehicle. lieving EPA of an administrative burden, order a person to disclose documents or (iii) A description of all procedures benefits the manufacturer by leaving its other information located in a foreign used to test each such vehicle. personnel in control of many aspects of jurisdiction that forbids such disclosure, (2) Individual records, (i) A brief his­ the testing organization. At the same the reason behind that rule is to avoid a tory of each new motor vehicle used for time, the inevitable conflict of interest conflict of laws, and is not applicable certification testing under this subpart imposed on the applicant makes stringent here. EPA will not attempt to make any from the time its construction was begun monitoring of these tests by EPA person­ inspections which it has been informed to the final EPA decision on whether or nel advisable to insure that the Adminis­ that local law forbids. However, if local not to issue a certificate. This history trator is provided with the accurate test law makes it impossible to do what is shall be in the form of a separate booklet data he must have before deciding that necessary to insure the accuracy of data or other document for each separate ve­ certification is in order. generated at a facility, no informed hicle in which shall be recorded: The proposed regulations codify and judgment that a ear is certifiable ean (a) A description of the process by extend some aspects of EPA practice in properly be based on that data. It is the which the vehicle was assembled, giving this field by spelling out exactly what responsibility of the manufacturer to lo­ specifically the place of assembly and other documents concerning cate its testing facilities in jurisdictions the person in charge of assembly. The eerafleation testing must be retained, where this situation will not arise. description shall specify the steps taken to insure that all construction processes, ¿or how long. The procedures by 4. Finally, the amendments would ex­ quality control measures, and assembly wnich the right of inspection contained pressly authorize the Administrator to Section 206(c) of the Clean Air Act withhold a certificate of conformity if techniques are reasonably likely to be implemented for production vehicles. Pin , exercised are also specified. the manufacturer who applies for it (i) naily the regulations provide that any employs a scheme which renders the (b) A complete record of all emis­ inf 6 . maintain or submit required emission control system partly or wholly sions tests performed (except tests per­ mormation or to permit required in- ineffective, or (ii) renders invalid the test formed by EPA directly), including ail will raise doubts about the results by which conformity is to be individual worksheets relating to each weiiv! *ty °t the data affected that may judged or (iii) otherwise circumvents the such test, or photostatic copies thereof, weu be serious enough to preclude EPA the date, time, purpose, and location of reliance on it. intent of the Act to assure that all new motor vehicles will comply with appli­ each test, the number of miles accumu­ *' Jthiess there is proof that produc- cable emissions standards over their lated on the vehicle when the test began mKiarfi/or a m°del year will closely re- useful lives. and ended, and the names of those tak­ te X î! X vehicles used for certification ing part in the test, specifically identify­ This notice of proposed rule making is ing the person in charge. the eeft «16 fact that prototype cars pass issued under authority of the following denna+v/X1011 tests is not sufficient evi- sections of the Clean Air Act, as (c) The precise dates and times of mee?3 tha t. the Production models will amended: 206 (sec. 206, 79 Stat. 994, as each mileage accumulation run, listing the m.nmiSslSns standards. Accordingly, amended by section 8(a), 84 Stat. 1694, both the milëage accumulated and the thafP„?Pose? regulations would provide 42 U.S.C. 1857f-5) ; 208 (sec. 207, 79 Stat. name of each driver or each operator of the automatic mileage accumulation respect ofWil1Ch are not in a11 material 994, 42 U.S.C. 1857f-6) ; and 301(a) (sec. a ctS , ?f the same design as a vehicle device. sidereriV^vX and certified will be con- 301(a), 81 Stat. 504, as amended by sec. (d) A record and description of all regidatifw be ^certified. The proposed 15(c), 84 Stat. 1713, 42 U.S.C. 1857g(a)). maintenance and other servicing per­ emulations would also increase the in­ The proposed regulations, if adopted, formed, giving the precise date and time

FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 5184 PROPOSED RULE M AKING of the maintenance or service, the rea­ and verifying correlation or calibration (ii) of this section are concerned, “op­ son for it, the person authorizing it, and of test equipment; and erating hours” shall mean any time dur­ the names of the persons performing it, (ii) To inspect and make copies of ing which an assembly line is running or specifically designating the person in any such records, designs, or other docu­ during which testing, maintenance, mile­ charge. The description shall indicate ments; and age accumulation, production or compila­ whether or not EPA specifically con­ (iii) To inspect any part or aspect of tion of records, or any other procedure or sented to the work and, if EPA did not, any such new motor vehicle and any activity related to certification testing, to shall list the provision of this subpart components to be used in the construc­ translation of designs from the test stage which, authorizes its performance. tion thereof. to the production stage, or to vehicle as­ (e) A record and description of each (3) In order to allow the Adminis­ sembly is being carried out in a facility. test performed to diagnose engine or trator to determine whether or not pro­ (iv) “Reasonable assistance” includes, emissions control system performance, duction motor vehicles conform in all but is not limited to, clerical, copying, giving the precise date and time of the material respects to the same design interpretation and translation services, test, the reason for it, the person au­ specifications which applied to a test ve­ the making available on request of per­ thorizing it, and the names of the per­ hicle for which a certificate of conform­ sonnel of the facility being inspected sons performing it, specifically identify­ ity has been issued, any manufacturer during their working hours to inform the ing the person in charge. The description shall admit any EPA Inspector on de­ EPA Inspector of how the facility op­ shall indicate why, in the opinion of the mand and on presentation of credentials erates and to answer his questions, and manufacturer, the average driver would to both the performance on request of emissions have requested similar tests t6 be per­ (i) Any facility where any document, tests on any new motor vehicle which is formed on such a vehicle in similar cir­ design, or procedure relating to the being, has been, or will be used for cer­ cumstances, and shall give supporting translation of the design and construc­ tification testing. reasons. tion of vehicles used for certification * * * * * (/) The precise dates and times that testing into production vehicles is lo­ 3. Subparagraph (1) of § 85.073-2(b) the vehicle was idle in storage. cated or carried on; and is revised to read as follows: (g) A brief description of what was (ii) Any facility where any motor ve­ being done by and to the vehicle during hicles to be introduced into commerce § 8 5 .0 7 3 —2 Application for certification. any time in the period covered by the are assembled. ***** history not accounted for by an entry On admission to any such facility, an (b) * * * under one of the previous headings. EPA Inspector shall be allowed to in­ (1) Identification and description of • (ii) 'Each such history shall be started spect and monitor any aspects of such the vehicles covered by the application on the day that construction of the ve­ assembly and other procedures, and to and a description of their emissions con­ hicle covered was begun, shall be updated inspect and make copies of any such trol systems, including a description of daily, and shall accompany the vehicle documents or designs, that are reason­ the construction processes, quality con­ through the testing process. ably related to the purpose of his entry. trol measures, and assembly techniques (4) Any EPA Inspector shall be fur­ (3) This paragraph shall apply to employed or to be employed in the certification testing of vehicles for the nished by those in charge of a facility build-up of each certification test 1974 model year and all subsequent model being inspected with such reasonable as­ sistance as he may request to help him vehicle. years. ***** (4) All records required to be main­ discharge any function listed in this tained under this subpart, shall be re­ paragraph. Each applicant for or recip­ 4. Section 85.073-3 is amended by in­ tained by the manufacturer for a period ient of certification is required to cause serting the following new sentence after "of six (6) years after issuance of all cer­ those in charge of a facility operated for the first sentence: tificates of conformity to which they its benefit to furnish such reasonable as­ § 85.073—3 Approval of procedure and relate. sistance without charge to EPA whether equipm ent; test fleet selections. or not the applicant controls the facility. * * * * * * * * The Administrator may disap­ (5) The duty to admit or cause to be (c) (D Any manufacturer who has admitted any EPA Inspector applies prove the use, in the build-up of any applied for certification of a new motor whether or not the applicant owns or test vehicle, of any construction process, vehicle subject to certification tests un­ controls the facility in question and ap­ quality control measure, or assembly der this subpart shall admit or cause to plies both to domestic and to foreign technique which he finds is substantially be admitted any EPA Inspector during manufacturers and facilities. EPA will different from that used, or which will operating hours on demand and on pres­ not attempt to make any inspections be used, in the construction of produc­ entation of credentials to any of the which it has been informed that local tion vehicles represented by such, test following: law forbids. However, if local law makes vehicle and which may reasonably be (1) Any facility where any such tests it impossible to do what is necessary to expected to affect the emissions perform­ or any procedures or activities connected insure that accuracy of data generated ance of such production vehicles ana with such tests are or were performed. at a facility, no informed judgment that may disapprove the use in certification (ii) Any facility where any new motor a vehicle or engine is certifiable can testing of any vehicle so constructea, vehicle which is being, was, or is to be properly be based on that data. It is the provided such difference is not attributa­ so tested is present. responsibility of the manufacturer to ble solely to the nature of the mass (iii) Any facility where any construc­ locate its testing facilities in jurisdic­ production process. tion process or assembly process used in tions where this situation will not arise. 5. Subparagraph (2) of § 85.073-29(b) the manufacture of such a vehicle is (6) For purposes of this paragraph: taking place or has taken place, is amended by adding the fouowms (iv) Any facility where any record or (i) “Presentation of credentials” shall after “established by the manuia other documents relating to any of the mean display of the document designat­ turer” : ing a person as an EPA Inspector, or a above are located. § 85.073-29 Testing by the Administra­ copy thereof. (2) Upon admission to any facility re-. tion. ferred to in subparagraph (1) of this (ii) Where vehicle, component, or en­ paragraph, any EPA Inspector shall be gine storage areas or facilities are con­ (b) * * * allowed: cerned, “operating hours” shall mean all times during which personnel other than (2) * * *: And further provided, Tha (i) To inspect and monitor any part if the Administrator has reason to or aspect of such procedures, activities, custodial personnel are at work in the lieve that any test data submitte and testing facilities, including, but not vicinity of the area or facility and have the manufacturer is not accurate o limited to, monitoring emissions tests access to it. (iii) Where facilities or areas other been obtained in violation of sxxyv and mileage accumulation, maintenance, vision of this part, the Administrate and vehicle soak and storage procedures, than those covered by paragraph (c) (6)

FEDERAL REGISTER, VOL. 38, NO. 37— M O NDAY, FEBRUARY 26, 1973 PROPOSED RULE M AKING 5185 may refuse to accept that data as the (1) The manufacturer has employed portunity for a hearing conducted in ac­ official data pending retesting or sub­ any element of design which senses cordance with § 85.005 hereof. However, mission of further information. temperature, vehicle speed, engine r.p.m., the Administrator may in his discretion ***** transmission gear, manifold or carbu­ direct that all argument and presenta­ 6. Section 85.073-30 is amended byretor vacuum, or any other parameter to tion of evidence be concluded within revising subparagraphs (1) and (2), by activate, modulate, delay or deactivate such fixed period not less than 30 days as amending the first sentence of para­ the operation of any part of the emission he may establish from the date that the graph (b)(3), and by adding a new control systems in any circumstances not first written offer of a hearing is made to paragraph (c) to read as follows: covered by the prescribed certification the manufacturer. To expedite proceed­ test procedures. The Administrator may, ings, the Administrator may direct that § 85.073—30 Certification. however, issue (or leave in effect) any the decision of the Presiding Office (who (a) (1) If, after a review of the test certificate if the manufacturer of such may, but need not, be the Administrator reports and data submitted by the man­ vehicle(s) demonstrates to the satisfac­ himself) shall be the final EPA decision. ufacturer, data derived from any addi­ tion of the Administrator that the em­ (ii) Except in cases of such fraud or tional testing conducted pursuant to ployment of such element of design is other misconduct as makes the certifica­ § 85.073-29, data or information derived consistent with the intent of the Act and tion invalid ab initio, shall extend no from any inspection carried out under this subpart to assure that all new motor further than to forbid the introduction § 85.006(c), and any other pertinent vehicles will comply with all applicable into commerce of vehicles previously data or information, the Administrator emissions standards during all condi­ covered by the certificate which are still determines that a test vehicle(s) meets tions of operation which may be en­ in the hands of the manufacturer. the requirements of the Act and of this countered in the course of the vehicle’s (5) The manufacturer may request in subpart, he will issue a certificate of useful life. the form and manner specified in para­ conformity with respect to such ve­ (ii) The manufacturer submits false graph (b) of this section that any de­ hicle (s) , except in cases covered by para­ or incomplete information in its applica­ termination made by the Administrator graph (c) of this section. tion for certification thereof; or under paragraph (c)(1) of this section (2) Such certificate will be issued for (iii) The manufacturer renders in­ to withhold or deny certification be re­ such period not more than one model accurate or invalid any test data which viewed in a hearing conducted in ac­ year as the Administrator may deter­ it submits pertaining thereto or other­ cordance with § 85.005. If the Adminis­ mine and upon such terms as he may wise circumvents the intent of the Act trator finds, after a review of the request deem necessary to assure that any new or of this subpart with respect to such and supporting data, that the request motor vehicle covered by the certificate vehicle; or raises a substantial factual issue, he shall will meet the requirements of the Act (iv) Any EPA Inspector is denied ac­ grant the request with respect to such of this subpart. Each such certificate cess on the terms specified in § 85.006(c) issue. shall contain the following language: to any facility which contains'any of the 7. Paragraph (a) of § 85.702 is following: amended by adding a new paragraph This certificate covers only those new motor (a) The vehicle, or vehicles which conform, in all material re­ ( 18), reading as follows : spects, to the same design specifications that, (b) Any components used or consid­ applied to a test vehicle as described in the ered for use in its construction, or § 85.702 Definitions. application for certification and which are (c) Any production vehicle which is (a) * * * produced during t h e ____model year pro­ or will be claimed by the manufacturer (18) “ÉPA Inspector” shall mean any duction period of the said manufacturer, to be covered by the certificate, or officer or employee of the Environmental as defined in 40 CFR 85.002(a) (3). (d) Any step in the construction of a Protection Agency designated in writing It is a term of this certificate that the vehicle described in setting fori warrant revocation or denial of certifi­ basis for his determination. used for certification testing under this cation under either paragraph (a) (1) (iv) subpart from the time its construction . * or (a) (1) (v) of this section, shall have was begun to the final EPA decision on any vebi ^w ith stan din g the fact tin the burden of establishing that conten­ whether or not to issue a certificate. This P r o v S c l6fSL may comPiy with oth< tion to the satisfaction of the Adminis­ history shall be in the form of a separate tratS mo, f -iiVs subpart, the Admini: trator. booklet or other document for each sepa­ of a rpH-UnW1+bdl°'ld or deny the issuanc (4) Any revocation or suspension of rate engine, in which shall be recorded: Pend or rovnvte °f conforinity (or su certification under paragraph (c)(1) of (a) A description of the process by has issued^6SSf such certificate whic this section shall: which the engine was assembled, giving vehicS)^ if:Wltl1 respect any sue (i) Be made only after the manufac­specifically the place of assembly and turer concerned has been offered an op­ the person in charge of assembly. The

No. 37—Pt. FEDERAL REGISTER, VOL. 38, NO. 37— M O NDAY, FEBRUARY 26, 1973 5186 PROPOSED RULE MAKING description shall specify the steps taken on presentation of credentials to any forbids. However, if local law makes it to insure that all construction processes, of the following: impossible to do what is necessary to quality control measures and assembly (1) Any facility where any such tests insure that accuracy of data generated techniques are reasonably likely to be or any procedures or activities connected at a facility, no informed judgment that implemented for production engines. with such tests are or were performed. an engine is certifiable can properly be (b) A complete record of all emissions (ii) Any facility where any new motor based on that data. It is the responsibil­ tests performed (except tests performed vehicle engine which is being, was, or is ity of the manufacturer to locate its test­ by EPA directly), including all individ­ to be so tested is present. ing facilities in jurisdictions where this ual worksheets relating to each such (iii) Any facility where any construc­ situation will not arise. test, or photostatic copies thereof, the tion process or assembly process used in (6) For purposes of this paragraph: date, time, purpose, and location of each the manufacture of such an engine is (i) “Presentation of credentials” shall test, the number of hours operating time taking place or has taken place. mean display of the document designat­ accumulated on the engine, when the (iv) Any facility where any records or ing a person as an EPA Inspector, or a test began and ended, and the names of other documents relating to any of the copy thereof. those taking part in the test, specifically above are located. (ii) Where engine or component stor­ identifying the person in charge. (2) Upon admission to any facility re­ age areas or facilities are concerned, “op­ (c) The precise dates and times of ferred to in subparagraph (1) of this erating hours” shall mean all times dur­ each accumulation o'f operating time on paragraph, any EPA Inspector shall be ing which personnel other than custodial the engine, listing both the number of allowed. personnel are at work in the vicinity of hours of operating time accumulated and (i) To inspect and monitor any part the area or facility and have access to it. the name of the person in charge of the or aspect of such procedures, activities, (iii) Where facilities or areas other run. and testing facilities, including, but not than those covered by paragraph (c) (6) (d) A record and description of all limited to, monitoring emissions tests and (ii) of this section are concerned, “op­ maintenance and other servicing per­ mileage accumulation, maintenance, and erating hours” shall mean any time dur­ formed, giving the precise date and time engine soak and storage procedures, and ing which an assembly line is running of the maintenance or service, the rea­ verifying correlation or calibration of or during which testing, maintenance, son for it, the person authorizing it, and test equipment; and mileage accumulation, production or the names of the persons performing it, (ii) To inspect and make copies of any compilation of records, or any other pro­ specifically designating the person in such records, designs, or other docu­ cedure or activity related to certification charge. The description shall indicate ments, and testing, to translation of designs from whether or not EPA specifically con­ (iii) To inspect any part or aspect of the test stage to the production stage, or sented to the work and, if EPA did not, any such new motor vehicle engine, and to engine assembly is being carried out in shall list the provision of this subpart any components to be used in the con­ a facility. which authorizes its performance. struction thereof. (iv) “Reasonable assistance” includes, (e) A record and description of each (3) In order to allow the Administrator but is not limited to, clerical, copying, test performed to diagnose engine or to determine whether or not production interpretation and translation services, emissions control system performance, motor vehicle engines conform, in all the making available on request of per­ giving the precise date and time of the material respects, to the same design sonnel of the facility being inspected test, the reason for it, the person au­ specifications, that applied to a test en­ during their working hours to inform the thorizing it, and the names of the per­ gine for which a certificate of conformity EPA Inspector of how the facility oper­ sons performing it, specifically identi­ has been issued, any manufacturer shall ates and to answer his questions, and the fying the person in charge. The descrip­ admit any EPA Inspector on demand and performance on request of emissions tests tion shall indicate why, in the opinion on presentation of credentials to both on any new m otor vehicle engine which of the manufacturer, the average driver (i) Any facility where any document, is being, has been, or will be used for would have requested similar tests to be design, or procedure relating to the certification testing. performed on such an engine in similar translation of the design and construc­ 9. Subparagraph (1) of § 85.773-2 (b) circumstances, and shall give support­ tion of engines used for certification test­ is revised to read as follows: ing reasons. ing into production engines is located or carried on; and § 8 5 .7 7 3 —2 Application for certification. (/) The precise dates and times that ***** the engine was idle in storage. (ii) Any facility where any motor ve­ hicle engines to be introduced into com­ (g) A brief description of what was (b) * * * merce are assembled. On admission to (1) Identification and description of being done by and to the engine during any such facility, an EPA Inspector shall any time in the period covered by the the engines covered by the application be allowed to inspect and monitor any history not accounted for by an entry and a description of their emissions con­ aspects of such assembly and other pro­ under one of the previous headings. trol systems, including a description oi cedures, and to inspect and make copies the construction processes, quality con­ (ii) Each such history shall be startedof any such documents or designs, that trol measures, and assembly techniques on the day that construction of the en­ are reasonably related to the purpose of. employed or to be employed in the build­ gine covered was begun, shall be updated his entry. up of each certification test engine. daily, and shall accompany the engine (4) Any EPA Inspector shall be fur­ * * * * * through the testing process. v nished by those in charge of a facility 10. Section 85.773-3 is amended by in­ (3) This paragraph shall apply to cer­ being inspected with such reasonable as­ tification testing of engines for the 1974 serting the following new sentence aive sistance as he may request to help him the first sentence: model year and all subsequent model discharge any function listed in this years. paragraph. Each applicant for or recipi­ § 8 5 .7 7 3 -2 Approval o f procedure and (4) All records required to be main­ ent of certification is required to cause equipm ent; test fleet selections. tained under this subpart shall be re­ those in charge of a facility operated for * * * The Administrator may disap­ tained by the manufacturer for a period its benefit to furnish such reasonable as­ prove the use, in the build-up °f * of six (6) years after issuance of all cer­ sistance without charge to EPA whether test engine, of any construction Pr<^, ’ tificates of conformity to which they or not the applicant controls the facility. quality control measure, or nsseIr llv relate. (5) The duty to admit or cause to be technique which he finds is substan * * * * * admitted any EPA Inspector applies different from that used, or whicn (c) (1) Any manufacturer who has whether or not the applicant owns or be used, in the construction of Pr9

FEDERAL REG:STER, VOL. 38, NO. 37— M O NDAY, FEBRUARY 26, 1973 PROPOSED RULE MAKING 5187 engine so constructed, provided such dif­ facturer, data derived from any addi­ (3) In any case in which certification ference is not attributable solely to the tional testing conducted pursuant to of an engine is proposed to be withheld, nature of the mass production process. § 85.773-29, data or information derived denied, revoked, or suspended under sub- 11. Subparagraph (2) of § 85.773-29 from any inspection carried out under paragraph (c) (1) (iv) or (c)(1) (v) of (b) is amended by adding the following § 85.706(c) , or any other pertinent data this section, and in which the Adminis­ after, “established by the manufacturer” : or information, the Administrator deter­ trator has presented to the manufac­ mines that one or more test engines of turer involved reasonable evidence that § 85.773—29 Testing by the Administra­ the certification test fleet do not meet a violation of § 85.706(c) in fact oc­ tor. applicable standards, he will notify the curred, the manufacturer, if it wishes * * * * * manufacturer in writing, setting forth to contend that, even though the viola­ 0» * * * the basis for his determination. tion occurred, the engine in question (2) * * *. And further provided, That * * * * * was not involved in the violation to a if the Administrator has reason to be­ (c) (1) Notwithstanding the fact thatdegree that would warrant revocation lieve that any test data submitted by the any engine(s) may comply with other or denial of certification under either manufacturer is not accurate or has been provisions of this subpart, the Adminis­ paragraph (a) (1) (iv) or (a) (1) (v) of obtained in violation of any provision of trator may withhold or deny the issu­ this section, shall have the burden of this part, the Administrator may refuse ance of a certificate of conformity (or establishing that contention to the sat­ to accept that data as the official data suspend or revoke any such certificate isfaction of the Administrator. pending retesting or submission of fur­ which has issued) with respect to any (4) Any revocation or suspension of ther information. such engine(s), if certification under paragraph (c) (1) of * * * * * (i) The manufacturer has employed this section shall : 12. Section 85.773-30 is amended by any element of design which senses tem­ (i) Be made only after the manufac­ revising subparagraphs (1) and (2) of perature, vehicle speed, engine r.p.m., turer concerned has been offered an op­ paragraph (a), by amending the first transmission gear, manifold or car­ portunity for a hearing conducted in ac­ sentence of paragraph (b)(3), and by buretor vacuum, or any other parameter cordance with § 85.706. However, the adding a new paragraph (c) to read as to activate, modulate, delay or deactivate Administrator may in his discretion di­ follows: the operation of any part of the emission rect that all argument and presentation control systems in any circumstances not of evidence be concluded within such § 85.773—30 Certification. covered by the prescribed certification fixed period not less than 30 days as he (a) (1) If, after a review of the test re­test procedures. The Administrator may, may establish from the date that the ports and data submitted by the manu­ however, issue (or leave in effect) any first written offer of a hearing is made facturer, data derived from any addi­ certificate if the manufacturer of such to the manufacturer. To expedite pro­ tional testing conducted pursuant to engine (s) demonstrates to the satisfac­ ceedings, the Administrator may direct § 85.773-29, data or information derived tion of the Administrator that the em­ that the decision of the Presiding Officer from any inspection carried out under ployment of such element of design is (who may, but need not, be the Adminis­ § 85.706, and any other pertinent data or consistent with the intent of the Act and trator himself) shall be the final EPA information, the Administrator deter­ this subpart to assure that all new motor decision. mines that a test engine (s) meets the vehicle engines will comply with all ap­ (ii) Except in cases of such fraud or requirements of the Act and of this sub­ plicable emissions standards during all other misconduct as makes the certifi­ part, he will issue a certificate of con­ conditions of operation which may be cation invalid ab initio, shall extend no formity with respect to such engine (s), encountered in the course of the engine’s further than to forbid the introduction except in cases covered by paragraph (c) useful life.. into commerce of engines previously cov­ of this paragraph. (ii) The manufacturer submits false ered by the certificate which are still (2) Such certificate will be issued foror incomplete information in its appli­ in the hands of the manufacturer. such period not more than 1 model cation for certification thereof; or (5) The manufacturer may request in year as the Administrator may deter­ (iii) The manufacturer renders inac­ the form and manner specified in para­ mine and upon such terms as he may curate or invalid any test data which it graph (b) of this section that any de­ deem necessary to assure that any new submits pertaining thereto or otherwise termination made by the Administrator motor vehicle engine covered by the circumvents the intent of the Act or of under paragraph (c) (1) of this section certificate will meet the requirements of this subpart with respect to such engine; the Act and of this subpart. to withhold or deny certification be re­ or viewed in a hearing conducted in ac­ Each such certificate shall contain the (iv) Any EPA Inspector is denied ac­ cordance with § 85.705. If the Adminis­ following language: cess on the terms specified in § 85.706(c) trator finds, after a review of the request ce!rtificate covers only those new motor to any facility which contains any of the and supporting data, that the request Hai16 engines which conform, in all mate- following: raises a substantial factual issue, he shall same design specifica- (a) The engine, or grant the request with respect to such sfHH^i . aPPlied to a test engine as de- issue. anrt 7., the application for certification (b) Any components used or consid­ nwi , ch are produced during t h e _____ ered for use in its construction, or 13. Paragraph (a) of § 85.802 is man? f y?ar Production period of the said (c) Any production engine which is amended by adding a new subparagraph manufacturer, as defined in 40 CFR 85.702 or will be claimed by the manufacturer (23), reading as follows: to be covered by the certificate, or marn,f ^ torm of this certificate that the § 85.802 Definitions. manufacturer shaU consent to all inspec- (d) Any step in the construction of an engine described in (c) of this subdivi­ (a) * * * (23) “EPA Inspector” shall cono„rneSC^ ed in 40 CFR 85.706(c) w h ic h DrodiinH eltller engtne certified, or any sion, or mean any officer or employee of the En­ or an? °n f ngine covered by the certificate, (e) Any records required by this part vironmental Protection Agency desig­ comniIt£i°iUCtion crrgtne which will when to be kept concerning any of the above. nated in writing by the Administrator certifSno+ H,6 clalmed to be covered by the (v) Any EPA Inspector is denied “rea­ (or by his designee) as an EPA Motor to comply With all t h e re - Vehicle Emissions Control Inspector. such an . S ° f ^ 85.706(c) with respect to any sonable assistance” (as defined in c S f l c a t l 6 may lead to revocation of th is § 85.706(c) ) in examining any of the 14. Paragraphs (a) and (c) of § 85.806 (c) Tt i 6 ? S sPecifled in 40 C F R 85.773-30 items listed in paragraph (c)(1) (iv) of are revised to read as follows: this ocrttfi8, . a term of this certificate that this section. reaso?J^ ?a?,eimay 136 re v o k e d for th e o th e r § 85.806 Maintenance of records ; sub­ 118 stated in § 85.773—30 (c). (2) The sanction of denial or revoca­ mittal of information ; right of entry. (b) * * * tion of a certificate may be imposed for the reasons in paragraph (c)(1) (ii), (a) The manufacturer of any new Poils a revlew of the test re- (iii), (iv), or (v) of this section only motor vehicle engine subject to any of ™ nd data submitted by the manu- when the infraction is substantial. the standards or procedures prescribed

FEDERAL REGISTER, VOL. 38, NO. 37— M O ND AY, FEBRUARY 26, 1973 5188 PROPOSED RULE MAKING in this subpart (including certification any time in the period covered by the merce are assembled. On admission to testing) shall establish and maintain the history not accounted for by an entry any such facility, an EPA Inspector shall following adequately organized and in­ under one of the previous headings. be allowed to inspect and monitor any dexed records: (ii) Each such history shall be started aspects of such assembly and other pro­ (1) Generic records, (i) Identification on the day that construction of the cedures, and to inspect and make copies and description of all engines for which engine covered was begun, shall be up­ of any such documents or designs, that testing is required under this subpart. dated daily, and shall accompany the are reasonably related to the purpose of (ii) A description of all emission con­ engine through the testing process. his entry. trol systems which are installed on or (3) This paragraph shall apply to cer­ (4) Any EPA Inspector shall be fur­ incorporated in each such engine. tification testing of engines for the 1974 nished by those in charge of a facility (iii) A description of all procedures model year and all subsequent model being inspected with such reasonable used to test each such engine. years. assistance as he may request to help him (2) Individual records, (i) A brief his­ (4) All records required to be main­ discharge any function listed in this tory of each new motor vehicle engine tained under this subpart, shall be re­ paragraph. used for certification testing under this tained by the manufacturer for a period Each applicant for or recipient of cer­ part from the time its construction was of six (6) years after issuance of all cer­ tification is required to cause those in begun to the final EPA decision on tificates of conformity to which they charge of a facility operated for its bene­ whether or not to issue a certificate. This relate. fit to furnish such reasonable assistance history shall be in the form of a separate * * * * * without charge to EPA whether or not booklet or other document for each sepa­ (c) (1) Any manufacturer who has ap­the applicant controls the facility. rate engine, in which shall be recorded: plied for certification of new motor ve­ (5) The duty to admit or cause to be (a) A description of the process by hicle engine subject to certification tests admitted any EPA Inspector applies which the engine was assembled, giving under this subpart shall admit or cause whether or not the applicant owns or specifically the place of assembly and to be admitted any EPA Inspector during controls the facility in question and ap­ the person in charge of assembly. The operating hours on demand and on plies both to domestic and to foreign description shall specify the steps taken presentation of credentials to any of the manufacturers and facilities. EPA will to ensure that all construction processes, following: not attempt tq make any inspections quality control measures and assembly (1) Any facility where any such tests which it has been informed that local techniques are reasonably likely to be im­ or any procedures or activities connected law forbids. However, if local law makes plemented for production engines. with such tests are or were performed. it impossible to do what is necessary to (b) A complete record of all emissions (ii) Any facility where any new motor insure the accuracy of data generated at tests performed (except tests performed vehicle engine which is being, was, or is a facility, no informed judgment that an by EPA directly), including all individual to be so tested is present. engine is certifiable can properly be based worksheets relating to each such test, or (iii) Any facility where any construc­ on that data. It is the responsibility of photostatic copies thereof, the date, time, tion process or assembly process used in the manufacturer to locate its testing fa­ purpose and location of each test, the the manufacture of such an engine is cilities in jurisdictions where this situa­ number of hours operating time accumu­ taking place or has taken place. tion will not arise. lated on the engine when the test began (iv) Any facility where any records or (6) For purposes of this paragraph: and ended, and the names of those taking other documents relating to any of the (i) “Presentation of credentials” shall part in the test, specifically identifying above are located. mean display of the document designat­ the person in charge. (2) Upon admission to any facility re­ ing a person as an EPA Inspector, or a (c) The precise dates and times of ferred to in subparagraph (1) of this copy thereof. each accumulation of operating time on paragraph, any EPA Inspector shall be (ii) Where engine or component stor­ the engine, listing both the number of allowed. age areas or facilities are concerned, hours of operating time accumulated and , (i) To inspect and monitor any part “operating hours” shall mean all times the name of the person in charge of the or aspect of such procedures, activities, during which personnel other than cus­ run. and testing facilities, including, but not todial personnel are at work in the vi­ (d) A record and description of all limited to, monitoring emissions tests cinity of the area or facility and have maintenance and other servicing per­ and mileage accumulation, maintenance, access to it. formed, giving the precise date and time and soak and storage procedures, and (iii) Where facilities or areas other of thé maintenance or service, the reason verifying correlation or calibration of test than those covered by paragraph (c) (6) for it, the person authorizing it, and the equipment; and (ii) of this section are concerned, “oper­ names of the persons performing it, ating hours” shall mean any time during specifically designating the person in (ii) To inspect and make copies of any such records, designs, or other docu­ which an assembly line is running or charge. The description shall indicate during which testing, maintenance, mile­ whether or not EPA specifically con­ ments; and (iii) To inspect any part or aspect of age accumulation, production or com­ sented to the work and, if EPA did not, pilation of records, or any other proce­ shall list the provision of this subpart any such new motor vehicle engine, and any components to be used in the con­ dure or activity related to certification which authorizes its performance. testing, to translation of designs from (e) A record and description of each struction thereof. (3) In order to allow the Administrator the test stage to the production stage, test performed to diagnose engine or or to engine assembly is being earned emissions control system performance, to determine whether or not production giving the precise date and time of the motor vehicle engines conform, in all ma­ out in a facility. test, the reason for it, the person author­ terial respects, to the same design speci­ (iv) “Reasonable assistance” includes, izing it, and the names of the persons fications that applied to a test engine for but is not limited to, clerical, copying- performing it, specifically identifying the which a certificate of conformity has interpretation and translation services, person in charge. The description shall been issued, any manufacturer shall ad­ the making available on request of per­ indicate why, in the opinion of the manu­ mit any EPA Inspector on demand and sonnel of the facility being inspected dur­ facturer, the average driver would have on presentation of credentials to both. ing their working hours to inform the requested similar tests to be performed (i) Any facility where any document, EPA Inspector of how the facility oper- ates and to answer his questions, ana on such an engine in similar circum­ design, or procedure relating to the trans­ the performance on request of emissions stances, and shall give supporting lation of the design and construction of reasons. engines used for certification testing into tests on any new motor vehicle engm which is being, has been, or will be use (/) The precise dates and times that production engines is located or carried the engine was idle in storage. on; and for certification testing. (g) A brief description of what was (ii) Any facility where any motor ve­ 15. Subparagraph 7 l) of § 85.873-2 (b) being done by and to the engine during hicle engines to be introduced into com­ is revised to read as follows:

FEDERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 PROPOSED RULE MAKING 5189

§ 85.873—2 Application of certification. upon such terms as he may deem neces­ circumvents the intent of the Act or of • • • * * sary to assure that any new motor vehicle this subpart with respect to such engine; (b) * * * engine covered by the certificate will or (1) Identification and description of meet the requirements of the Act and of (iv) Any EPA Inspector is denied ac­ the engine (s) covered by the application this subpart. Each such certificate shall cess on the terms specified in § 85.806(c) and a description of their emissions con­ contain the following language: to any facility which contains any of the trol systems, including a description of This certificate covers only those new motor following: the construction processes, quality con­ vehicle engines which conform, in all mate­ (a) The engine, or trol measures, and assembly techniques rial respects, to the same design specifications (b) Any components used or consid­ employed or to be employed in the build­ that applied to a test engine as described in ered for use in its construction, or the application for certification and which up of each certification test engine. .(c) Any production engine which is or are produced during th e______model year will be claimed by the manufacturer to ♦ * * * * production period of the said manufacturer, as defined in 40 CFR 85.802(a) (3). be covered by the certificate, or 16. Section 85.873-3 is amended by in­ (d) Any step in the construction of an serting the following new sentence after It is a term of this certificate that the manufacturer shall consent to all inspections engine described in (c) of this sub­ the first sentence: described in 40 CFR 85.806(c) which concern division, or § 85.873—3 Approval of procedure and either the engine certified, or any production (e) Any records required by this part equipment; test fleet selections. engine covered by the certificate, or any pro­ to be kept concerning any of the above. duction engine which will when completed (v) Any EPA Inspector is denied “rea­ * * * The Administrator may disap­ be claimed to be covered by the certificate. sonable assistance” (as defined in § 85.- prove the use, in the buildup of any test Failure to comply with all the requirements 806(c)) in examining any of the items engine, of any construction process, qual­ of § 85.806(c) with respect to any such engine may lead to revocation of this certificate as listed in paragraph (c)(1) (iv) of this ity control measure, or assembly tech­ section. nique which he finds is substantially specified in 40 CFR- 85.873-30(c). It is also different from that used, or which will a term of this certificate that this certificate (2) The sanction of denial or revoca­ may be revoked for other reasons stated in tion of a certificate may be imposed for be used, in the construction of produc­ § 85.873-30(c). tion engines represented by such test en­ the reasons in paragraph (c)(1) (ii), gine and which may reasonably be ex­ (b) * * * (iii), (iv), or (v) of this section only pected to affect the emissions perform­ (3) If, after a review of the test reportswhen the infraction is substantial. ance of such production engines, and and data submitted by the manufacturer, (3) In any case in which certification may disapprove the use in certification data derived from any additional testing of a engine is proposed to be withheld, testing of any engine so constructed, pro­ conducted pursuant to § 85.873-29, data denied, revoked, or suspended under vided such difference is not attributable or information derived from any inspec­ paragraph (a) (1) (iv) or (a)(1) (v) of solely to the nature of the mass produc­ tion carried out under § 85.806(c), or any this section, and in which the Admin­ tion process. other pertinent data or information, the istrator has presented to the manufac­ 17. Subparagraph (2) of § 85.873-29(b) Administrator determines that one or turer involved reasonable evidence that j* amended by adding the following after more test engines of the certification test a violation of § 85.806(c) in fact oc­ . established by the manufacturer” : fleet do not meet applicable standards, he curred, the manufacturer, if it wishes to will notify the manufacturer in writing, contend that, even though the violation § 85.873—29 Testing by the Administra­ occurred, the engine in question was not tor. - setting forth the basis for his determina­ tion. involved in the violation to a degree that * * * * * would warrant revocation or denial of (b) * * * certification under either paragraph (a) .. (2) * * *: And further provided, Ths (c) (1) Notwithstanding the fact that (1) (iv) or (a) (1) (v) of this section, shall the Administrator has reason to believ any engine (s) may comply with other have the burden of establishing that that any test data submitted by the man provisions of this part, the Administrator contention to the satisfaction of the utacturer is not accurate or has bee: may withhold-or deny the issuance of a Administrator. certificate of conformity (or suspend or ODtained in violation of any provision c (4) Any revocation or suspension of revoke any such certificate which has is­ ms part, the Administrator may refus certification under paragraph (c) (1) of ^accept that data as the official dat sued) with respect to any such engine (s ), if this section shall therinform^^11^ °r su^m^ssion of fur (i) The manufacturer has employed (i) Be made only after the manufac­ turer concerned has been offered an op­ * * * . • . any element o f design which senses tem­ perature, vehicle speed, engine r.p.m., portunity for a hearing conducted in r 18, Section 85.873-30 is amended b transmission gear, manifold or carbu­ accordance with § 85.805 hereof. How­ subparagraphs (1) and (2 ) o retor vacuum, or any other parameter to ever, the Administrator may in his dis­ L ? graph (a)’ by amending the firs activate, modulate, delay, or deactivate cretion direct that all argument and S n «nce of Para&raph (b )(3 ), and b the operation of any part of the emis­ presentation of evidence be concluded follows-a ^ par^graph (c) to read a sion control systems in any circumstances within such fixed period not less than 30 not covered by the prescribed certifica­ days as he may establish from the date that the first written offer of a hearing is § 85.873-30 Certification. tion test procedures. The Administrator may, however, issue (or leave in effect) made to the manufacturer. To expedite rJal. a f t e r a review of the tes any certificate if the manufacturer of proceedings, the Administrator may faptm-f arij ^a^a submitted by the manu such engine(s) demonstrates to the satis­ direct that the decision of the Presiding tionai 4 +ata derived from any addi faction of the Administrator that the Officer (who may, but need not, be the § 85 conducted pursuant t employment of such element of design is Administrator himself ) shall be the final EPA decision. from o ~ . data or information derive« consistent with the intent of the Act and $ *F JS r\lnspection carried out unde this part to assure that all new motor ve­ (ii) Except in cases of such fraud or or inform} Iand any other Pertinent dati hicles will comply with all applicable other misconduct as makes the certifica­ mine«! n^+tl0.n’ the Administrator deter emissions standards during all conditions tion invalid ab initio, shall extend no Quirpmilf a test engine(s) meets the re of operation which may be encountered further than to forbid the introduction he will Act and of this subpart in the course of the engine’s useful life. into commerce of engines previously cov­ with J 2 u? a certificate of conformit; (ii) The manufacturer submits false ered by the certificate which are still in case«! rmeCti ° such engiue(s), except ii or incomplete information in its appli­ the hands of the manufacturer. sect?on red by paragraph (c) of ta n cation for certification thereof; or (5) The manufacturer may request in the form and manner specified in para­ (iii) The manufacturer renders inac­ suchtSS* cei‘tificate will be issued fo: graph (b) of this section that any deter­ as theVrt^f- more tban 1 m°del yea: curate or invalid any test data which it mination made by the Administrator un­ e Administrator may determine an< submits pertaining thereto or otherwise der paragraph (c) (1) of this section to

FEDERAL REGISTER, VOL. 38t NO . 37— M ONDAY, FEBRUARY 26, 1973 5190 PROPOSED RULE M AKING

withhold or deny certification be re­ formed, giving the precise date and time and verifying correlation or calibration viewed in a hearing conducted in ac­ of the maintenance or service, the rea­ of test equipment; and cordance with § 85.805. If the Adminis­ son for it, the person authorizing it, and (ii) To inspect and make copies of any trator finds, after a review of the request the names of the persons performing it, such records, designs, or other docu­ and supporting data, that the request specifically designating the person in ments, and raises a substantial factual issue, he shall charge. The description shall indicate (iii) To inspect any part or aspect of grant the request with respect to such whether or not EPA specifically con­ any such new motor vehicle engine, and issue. sented to the work and, if EPA (fid not, any components to be used in the con­ 19. Paragraph (a) of § 85.902 is shall list the provision of this subpart struction thereof. amended by adding a new subparagraph which authorizes its performance. (3) In order to allow the Administra­ (23), reading as follows: (e) A record and description of eachtor to determine whether or not produc­ test performed to diagnose engine or tion motor vehicle engines conform, in § 85.902 Definitions. emissions control system performance, all material respects, to the same de­ (a) * * * giving the precise date and time of the sign specifications that applied to a test (23) “EPA Inspector” shall mean any test, the reason for it, the person au­ engine for which a certificate of con­ officer or employee of the Environmental thorizing it, and the names of the per­ formity has been issued, any manufac­ Protection Agency designated in writing sons performing it, specifically identify­ turer shall admit any EPA Inspector on by the Administrator (or by his des­ ing the person in charge. The description demand and oh presentation of creden­ ignee) as an EPA Motor Vehicle Emis­ shall indicate why, in the opinion of the tials to both. sions Control Inspector. manufacturer, the average driver would (i) Any facility where any document, 20. Paragraphs (a) and (c) of § 85.906 have requested similar tests to be per­ design, or procedure relating to the is revised to read as follows: formed on such an engine in similar translation of the design and construc­ circumstances, and shall give supporting tion of engines used for certification § 85.906 Maintenance of records; sub­ reasons. testing into production engines is located mittal of information ; right of entry. (/) The precise dates and times that or carried on; and (a) The manufacturer of any new the engine was idle in storage. (ii) Any facility where any engines to motor vehicle engine subject to any of (g) A brief description of what was be introduced into commerce are the standards or procedures prescribed being done by and to the engine during assembled. in this subpart (including certification any time in the period covered by the On admission to any such facility, an testing) shall establish and maintain history not accounted for by an entry EPA Inspector shall be allowed to inspect the following adequately organized and under one of the previous headings. and monitor any aspects of such as­ indexed records : (ii) Each such history shall be started sembly and other procedures, and to (1) Generic records, (i) Identification on the day that construction of the en­ inspect and make copies of any such and description of all engines for which gine covered was begun, shall be updated documents or designs, that are reason­ testing is required under this subpart. daily, and shall accompany the engine ably related to the purpose of his entry. (ii) A description of all emission con­ through the testing process. (4) Any EPA Inspector shall be fur­ trol systems which are installed on or (3) This paragraph shall apply to nished by those in chargé.of a facility incorporated in each such engine. certification testing of engines for the being inspected with such reasonable (iii) A description of all procedures 1974 model year and all subsequent model assistance as he may request to help him used to test each such engine. years. discharge any function listed in this (2) Individual records, (i) A brief his­ (4) All records required to be main­ paragraph. Each applicant for or re­ tory of each new motor vehicle engine tained under this subpart, shall be re­ cipient of certification is required to used for certification testing under this tained by the manufacturer for a period cause those in charge of a facility op­ subpart from the time its construction of six (6) years after issuance of all erated for its benefit to furnish such was begun to the final EPA decision on certificates of conformity to which they reasonable assistance without charge to whether or not to issue a certificate. relate. EPA whether or not the applicant con­ This history shall be in the form of a * * * * * trols the facility. separate booklet or other document for (c) (1) Any manufacturer who has ap­ (5) The duty to admit or cause to be each separate engine, in which shall be plied for certification of a new motor admitted any EPA Inspector applies recorded : vehicle engine subject to certification whether or not the applicant owns or (a) A description of the process by tests under this subpart shall admit or controls the facility in question, and ap­ which the engine was assembled, giving cause to be admitted any EPA Inspector plies both to domestic and to foreign specifically the place of assembly and during operating hours on demand and manufacturers and facilities. EPA will the person in charge of assembly. The on presentation of credentials to any not attempt to make any inspections description shall specify the steps taken of the following: which it has been informed that local to insure that all construction processes, (1) Any facility where any such tests law forbids. However, if local law makes quality control measures and assembly or any procedures or activities connected it impossible to do what is necessary to techniques are reasonably likely to be with such tests are or were performed. insure that accuracy of data generated implemented for production engines. (ii) Any facility where any new motor at a facility, no informed judgment that (b) A complete record of all emissions vehicle engine which is'being, was, or is an engine is certifiable can properly be tests performed (except tests performed to be so tested is present. based on that data. It is the responsibil­ by EPA directly), including all indi­ (iii) Any facility where any construc­ ity of the manufacturer- to locate its vidual worksheets relating to each such tion process or assembly process used in testing facilities in jurisdictions where test, or photostatic copies thereof, the the manufacture of such an engine is this situation will not arise. date, time, purpose and location of each taking place or has taken place. (6) For purposes of this paragraph: test, the number of hours operating time (iv) Any facility where any records or (i> “Presentation of credentials” shall accumulated on the engine, when the other documents relating to any of the mean display of the document designat­ test began and ended, and the names of above are located. ing a person as an EPA Inspector, or a those taking part in the test, specifically (2) Upon admission to any facility copy thereof. identifying the person in charge. referred to in subparagraph (1) of this (ii) Where engine or component stor­ (c) The precise dates and times of paragraph, any EPA Inspector shall be age areas or facilities are concerned, each accumulation of operating time on allowed “operating hours” shall mean all times the engine, listing both the number of (1) To inspect and monitor any part or during which personnel other than cus­ hours of operating time accumulated aspect of such procedures, activities, and todial personnel are at work in the vi­ and the name of the person in charge of testing facilities, including, but not cinity of the area or facility and have the run. limited to monitoring emissions tests access to it. (d> A record and description of all and mileage accumulation, maintenance, (iii) Where facilities or areas other maintenance and other servicing per­ and engine soak and storage procedures, than those covered by paragraph (c) («»

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 PROPOSED RULE M AKING 5191

(ii) of this section are concerned, “op­ 24. Section 85.974-30 is amended by transmission gear, manifold or carbure­ erating hours” shall mean any time dur­ revising subparagraphs (1) and (2) of tor vacuum, or any other parameter to ing which an assembly line is running or paragraph (a), by amending the first activate, modulate, delay or deactivate during which testing, maintenance, sentence of paragraph (b)(3), and by the operation of any part of the emission mileage accumulation, production or adding a new paragraph (c) to read as control systems in any circumstances not compilation of records, or any other pro­ follows : covered by the prescribed certification test procedures. The Administrator may, cedure or activity related to certification § 85.974—30 Certification. testing, to translation of designs from however, issue (or leave in effect) any the test stage to the production stage, or (a) (1) If, after a review of the test re­certificate if the manufacturer of such to engine assembly is being carried out ports and data submitted by the manu­ engine(s) demonstrates to the satisfac­ in a facility. facturer, data derived from any addi­ tion of the Administrator that the em­ (iv) “Reasonable assistance” includes, tional testing conducted pursuant to ployment of such element of design is but is not limited to, clerical, copying, § 85.974-29, data or information derived consistent with the intent of the Act and interpretation and translation services, from any inspection carried out under this part to assure that all new motor the making available on request of per­ § 85.906(c), and any other pertinent data vehicle engines will comply with all ap­ sonnel of the facility being inspected or information, the Administrator deter­ plicable emissions standards during all during their working hours to inform the mines that a test engine (s) meets the re­ conditions of operation which may be en­ EPA Inspector of how the facility oper­ quirements of the Act and of this sub­ countered in the course of the engine’s ates and to answer his questions, and the part, he will issue a certificate of con­ useful life. performance on request of emissions formity with respect to such engine (s), (ii) The manufacturer submits false tests on any new motor vehicle engine except in cases covered by subparagraph or incomplete information in its applica­ which is being, has been, or will be used (c) of this section. tion for certification thereof; or for certification testing. (2) Such certificate will be issued for (iii) The manufacturer renders inac­ 21. Subparagraph (1) of § 85-974-2 (b) such period not more than one model curate or invalid any test data which it is revised to read as follows: year as the Administrator may determine submits pertaining thereto or otherwise and upon such terms as he may deem circumvents the intent of the Act or of § 85.974—2 Application for certification. necessary to assure that any new motor this subpart with respect to such engine; * * * * * vehicle engine covered by the certificate or (b) * * * will meet the requirements of the Act and (iv) Any EPA Inspector is denied ac­ of this ' subpart. Each such certificate (1) Identification and description of cess on the terms specified in § 85.906(c) the engines covered by the application shall contain the following language: to any facility which contains any of the and a description of their emissions con­ This certificate covers only these new following: trol systems, including a description of motor vehicle engines which conform, in all (a) The engine, or the construction processes, quality con­ material respects, to the same design specifi­ cations that applied to a test engine as (b) Any components used or consid­ trol measures, and assembly techniques described in the application for certification ered for use in its construction, or employed or to be employed in the build­ and which are produced during th e ____ (c) Any production engine which is or up of each certification test engine. model year production period of the said will be claimed by the manufacturer to ***** manufacturer, as defined in 40 CFR 85.902 (a) be covered by the certificate, or (3). 22. Section 85.974-3 is amended by It is a term of this certificate that the (d) Any step in the construction of an inserting the following new sentence manufacturer shall consent to all inspections engine described in (c) of this subdivi­ after the first sentence: described in 40 CFR 85.906(c) which concern sion, or either the engine certified, or any production (e) Any records required by this part § 85.974—3 Approval of procedure and engine covered by the certificate, or any pro­ equipment; test fleet selections. duction engine which will when completed to be kept concerning any of the above. * * * The Administrator may dis­ be claimed to be covered by the certificate. (v) Any EPA Inspector is denied “ rea­ approve the use, in the build-up of any Failure to comply with all requirements of sonable assistance” (as defined in test engine, of any construction process, § 85.906(c) with respect to any such engine § 85.906(c)) in examining any of the may lead to revocation of this certificate as quality control measure, or assembly items listed in paragraph (c) (1) (iv) of specified in 40 CFR 85.974-30(c). It is also a this section. technique which he finds is substantially term of this certificate that this certificate different from that used, or which will may be revoked for other reasons stated in (2) The sanction of denial or revoca­ be used, in the construction of produc- § 85.974-30(c). tion of a certificate may be imposed for engines represented by such test the reasons in paragraph (c)(1) (ii), vemcle or engine and which may rea­ (b) * * * (iii), (iv) or (v) of this section only sonably be expected to affect the emis­ (3 ) If, after a review of the test reports when the infraction is substantial. sions performance of such production and data submitted by the manufacturer, (3) In any case in which certification data derived from any àdditional testing o 5?ies’ and may disapprove the use in of an engine is proposed to be withheld, certification testing of any engine so conducted pursuant to § 85.974-29, data denied, revoked, or suspended under constructed, provided such difference is or information derived from any inspec- paragraph (c)(1) (iv) or (c)(1) (v) of ot attributable solely to the nature of tiri carried out under § 85.906(c), or any this section, and in which the Adminis­ ue mass production process. other pertinent data or information, the trator has presented to the manufacturer Administrator determines that one or 23; Subparagraph (2) of § 85.974-29 involved reasonable evidence that a vio­ more test engines of the certification test amended by adding the following lation of § 85.906(c) in fact occurred, the fleet do not meet applicable standards, he er established by the manufacturer” : manufacturer if it wishes to contend will notify the manufacturer in writ­ that, even though the violation occurred, § 85.974-29 Testing by the Administra­ ing, setting forth the basis for his tor. the engine in question was not involved determination. in the violation to a degree that would ***** warrant revocation or denial of certifica­ (b) * * * (c) (1) Notwithstanding the fact that tion under either paragraphs (a) (1) (iv) That i t ' A n ^ further provided, any engine(s) may comply with other or (a) (1) (v) of this section, shall have to hoi* Administrator has reason provisions of this part, the Administrator the burden of establishing that con­ bv « J Ve any test data submitted may withhold or deny the issuance of a tention to the satisfaction of the ha* nianufacturer is not accurate or certificate of conformity (or suspend or Administrator. crovi obtained in violation of any revoke any such certificate which has is­ (4) Any revocation or suspension of mav raf1 ^bis Part, the Administrator sued) with respect to any such engine(s), certification under paragraph (c) (1) of officii,J8? to accePt that data as the if: this section shall: mission oftSF p+lnding retesting or sub- (i) The manufacturer has employed (i) Be made only after the manufac­ on of further information. any element of design which senses tem­ turer concerned has been offered an op­ perature, vehicle speed, engine r.p.m., portunity for a hearing conducted in

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 5192 PROPOSED RULE MAKING

accordance with § 85.905 hereof. How­ 4. This action is taken pursuant to au­o f 1934, as amended, it is proposed to ever, the Administrator may in his dis­ thority found in sections 4(i>, 5(d) (I>, amend the table of amendments in cretion direct that all argument and pres­ and 303 (r) of the Communications Act § 73.202(b) with respect to the cities entation of evidence be concluded within of 1934, as amended, and § 0.281(d) (8> listed below: such fixed period not less than 30 days o f the Commission’s rules. as he may establish from the date that Adopted: February 13, 1973. Channel No. the first written offer of a hearing is City made to the manufacturer. To expedite Released: February 14, 1973. Present Proposed proceedings, the Administrator may di­ [seal] W allace E. Johnson, Castalia, Ohio______249À rect that the decision of the Presiding Chief, Broadcast Bureau. Sandusky, O h io ...... 274 249A, 274 Officer (who may, but need not, be the Administrator himself ) shall be the final [FR Doc.73-3562 Filed 2-23-73;8:45 am] EPA decision. 4. In view o f the fact that Castalia and Sandusky are within 250 miles of the (ii) Except in cases of such fraud or [ 47 CFR Part 73 ] other misconduct as makes the certifica­ United States-Canadian border, and the tion invalid ab initio, shall extend no [Docket No. 19689; FCC 73-178J impact of the United States-Canadian further than to forbid the introduction FM BROADCAST STATIONS IN CASTALIA Agreement on FM assignments in such into commerce of engines previously cov­ AND SANDUSKY, OHIO communities, the proposed assignments are subject to concurrence by the Ca­ ered by the certificate which are still in Proposed Table of Assignments the hands of the manufacturer. nadian authorities. (5) The manufacturer may request in In the matter of amendment of 5. Showings required. Proponents of the form and manner specified in para­ § 73.202(b), table of assignments, FM either proposal are expected to file com­ graph (b) of this section that any deter­ Broadcast Stations. (Castalia and San­ ments indicating the public interest fac­ mination made by the Administrator un­ dusky, Ohio), Docket No. 19689, R M - tors involved in the proposal they ad­ der paragraph (c) (1) of this section to 1953. vance. This can be done, in large part, withhold or deny certification be re­ 1. On March 7, 1972, the Wayside by discussing the sociological, economic, viewed in a hearing conducted in accord­ Temple Church, Castalia, Ohio, filed a and governmental activities in the com­ ance with § 85.905. If the Administrator petition proposing the assignment of munity of their preference. In the event finds, after a review of the request and Channel 249A to Castalia, Ohio. Castalia a proponent is of the view that it has supporting data, that the request raises (1,045 population) is located in Erie made a sufficient public interest showing, a substantial factual issue, he shall grant County, about 7 miles southwest of San­ it should restate its intention to apply for the request with respect to such issue. dusky, Ohio. Channel 249A could be as­ the channel if it is assigned and, if signed to Castalia in conformance with [PR Doc.73-3591 Filed 2-23-73;8:45 am] authorized, to build the station promptly. the Commission's minimum mileage Failure to file may lead to denial of a separation rule and without affecting request. FEDERAL COMMUNICATIONS other assignments in the FM Table of 6. Cutoff procedures. The following COMMISSION assignments. Castalia has no local broad­ procedures will govern the consideration cast transmission service. Petitioner of filings in this proceeding. [47 CFR Part 73] states that a Class A FM station operat­ (a) Counterproposal advanced in this [Docket No. 19644] ing with maximum power and antenna height would serve, in addition to Cas­ proceeding itself will be considered, if FM BROADCAST STATIONS IN advanced in initial comments, so that COLORADO SPRINGS, COLO. talia, the cities of Sandusky, Huron, mast of Norwalk, Bellevue, Clyde, Port parties may comment on them in reply Proposed Table of Assignments; Order Ex­ Clinton, and Marblehead, having a com­ comments. They will not be considered, if tending Time for Filing Reply Comments bined population of 76,036 persons. He advanced in reply comments. In the matter of amendment of further states that such a station*would (b) With respect to petitions for rule § 73.202(b), Table of assignments, FM be a great asset to the communities by making which conflict with the proposals Broadcast Stations. (Colorado Springs, providing educational programing, by in this notice, they will be considered as Colo.), Docket No. 19644, RM-1886. promoting better business through ad­ comments in the proceeding, and public 1. The notice of proposed rule making vertisement, and by providing informa­ notice to this effect will be given, as long in the above-entitled proceeding was tion concerning the activities in and as they are filed before the date for filing adopted on December 6, 1972, and pub­ around the community. initial comments herein. If filed later lished in the Federal R egister Decem­ 2. It would appear that petitioner has than that, they will not be considered in ber 15, 1972, 37 FR 26740. The date for made a sufficient public interest showing connection with the decision in this filing comments has expired and the date to warrant issuance of a notice of pro­ docket. for filing reply comments is presently posed rule making as to this proposal. 7. Pursuant to applicable procedures February 12, 1973. However, it appears that assignment of set out in § 1.415 of the Commission’s 2. On February 12,1973, KYSN Broad­ Channel 249A to Sandusky, Ohio, rather rules and regulations, interested parties casting Co., by its attorney, filed a peti­ than to Castalia might be more in the may file comments on or before March tion for extension of time in which to public interest since the channel would 28, 1973, and reply comments on or be­ submit reply comments to and including then be available to Sandusky and to fore April 6, 1973. AH submissions by February 19, 1973. Counsel states that other communities located within 10 parties to this proceeding or persons they are in the process of compiling sta­ miles thereof (§ 73.203), which includes acting on behalf of such parties must tistical data in this proceeding and need Castalia, Sandusky (32,674 population) be made in written comments, reply com­ this extension of time to complete the is located in Erie County (75,909 popu­ ments, or other appropriate pleadings. work. Counsel further states that West­ lation) about 50 miles southeast of To­ 8. In accordance with the provisions ern Broadcasting Company, proponent ledo and presently has in operation a of § 1.419 of the Commission’s rules ana in this proceeding has no objection to Class IV AM station and a Class B FM regulations, an original and fourteen the grant of the additional time. station. Under our assignment criteria copies of all comments, reply comments, 3. It appears that the additional time Sandusky has a population the size of pleadings, briefs, or other documents is warranted and would serve the public which would warrant its assignment of a shall be furnished the Commission. ■ second FM channel. interest. Accordingly, it is ordered, That 9. All filings made in this proceeding the time for filing reply comments in 3. Accordingly, pursuant to the au­ Docket No. 19644 is extended to and in­ thority contained in sections 4(i), 303, will be available for examination by to' cluding February 20, 1973. and 307(b) of the Communications Act terested parties during regular business

FEDERAL REGISTER, VOL. 38, NO. 37— M O NDAY, FEBRUARY 26, 1973 PROPOSED RULE M AKING 5193 hours in the Commission’s Public Refer­ 30 miles and a population of 600,000. Ac­ Channel No. ence Room at its headquarters in Wash­ cording to 1967 statistics retail sales for City ington, D.C. (1919 M Street N W .). Genesee County totaled $728,269,009 Present Proposed Adopted: February 14, 1973. with 2,841 retail establishments. Flint’s 409 wholesale establishments had sales Flint, Mich____ . . . . 236,288A, 300 224A, 236, 288A Released: February 20, 1973. of $581 million in the standard metro­ 300. F ederal C ommunications . politan statistical area according to 1967 C o m m issio n ,1 statistics. The 1968 personal income was In view of the fact that Flint is within [seal] B en F. W aple, $3,860 per capita. The average annual 250 miles of the United States-Canadian Secretary. rate of growth 1959-68 was 7.73 per­ border the proposed assignment is sub­ cent. Three banks serve the Flint area ject to Canadian concurrence. [FRDoc.73-3563 Piled 2-23-73;8:45 am] with 57 branches. Deposits of the two 7. Authority fbr the action proposed locally based banks were $727,334,029 as herein is contained in sections 4(i), 303 [ 47 CFR Part 73 ] of September 30, 1970. Flint is served by and 307(b) of the Communications Act of two airlines, two railroads, and five bus 1934, as amended. [Docket No. 19688; PCC 73-176] lines.3 Both Family and Sherwood ap­ 8. Showings required. Comments are FM BROADCAST STATIONS IN pear to view the above statistics as an invited on the proposal discussed and set FLINT, MICH. indication of the need of Flint for an forth above. Proponents of the proposed Proposed Table of Assignments additional FM service and each pro­ assignment are expected to file com­ poses to apply for Channel 224A if as­ ments even if they only resubmit or in­ In the matter of amendment of signed to the community with the hope corporate by reference their former § 73.202(b), Table of assignments, FM of rapidly inaugurating a new local radio pleadings. They should also restate their Bfoadcast Stations (Flint, Mich.), voice. present intentions to apply for the chan­ Docket No. 19688, RM-1924. 4. Family’s engineering statement nel if it is assigned and, if authorized, to 1. On February 16, 1972, Flint Family shows that assignment of Channel 224A build the station promptly. Failure to file Radio, Inc. (Family), filed a petition with to Flint would meet our mileage separa­ may lead to denial of the request. this Commission requesting the assign­ tion requirements. Our engineering 9. Cutoff procedures. The following ment of FM Channel 224A to Flint, analysis indicates that the assignment of procedures will govern the consideration Mich. No other revisions in our Table of Channel 224A to Flint would foreclose of filings in this proceeding: Assignments were proposed. A statement future assignments on Channels 223 and (a) Counterproposals advanced in this in support of the petition was filed by 224A. The preclusion on Channel 223 proceeding itself will be considered, if Sherwood Broadcasting, Inc. (Sher­ occurs in a very limited area where the advanced in initial comments, so that wood) , a newly formed entity created for channel cannot be used efficiently. On parties may comment on them in reply the purpose of entering the broadcast­ Channel 224A, the zone of preclusion oc­ comments. They will not be considered, ing industry.1 curs in the Flint area where an assign­ if advanced iiyeply comments. 2. Genesee County, Mich, (population ment could be made to Mount Morris, (b) With respect to petitions for rule 444,341), contains the city of Flint, Mich, (population 3,778). Since Mount making which conflict with the proposal Mich, (roughly 60 miles northwest of Morris is located within 10 miles of in this notice, they will be considered as Detroit), which has 193,317 residents.2 Flint, the channel would be available comments in the proceeding, and public Our FM table presently has three FM for application at Mount Morris if it notice to this effect will be given, as long channels assigned to Flint, all of which were to be assigned to Flint. From a as they are filed before the date for filing are occupied: 236, WFBE, licensed to technical view, it is our judgment that initial comments herein. If filed later the Flint Board of Education; 288A, assignment of Channel 224A to Flint than that, they will not be considered in WWCK, licensed to Heritage Broadcast­ would result in an efficient use of the connection with the decision in this 's* Co-; and 300, WGMZ, licensed to FM frequencies because it cannot be docket. WGMZ, Inc. The following standard used at any other community in this 10. Pursuant to applicable procedures Broadcast stations are licensed in the area of the State. set out in § 1.415 of the Commission’s community: WAMM, licensed to WAMM, 5. Although we normally avoid inter­ rules and regulations, interested parties |nc. (a daytime-only service); WCZN, mixing classes of channels because lim­ May file comments on or before licensed to Heritage Broadcasting, Co. (a ited coverage channels when so inter­ March 28, 1973, and reply comments on aaytime-only service); WKMF, licensed mixed oftentimes lie" fallow, in this or before April 6, 1973. All submissions lOWKMF, Inc.; WTAC, licensed to Fu- instance we note that there are at this by parties to this proceeding or persons wa Communications, Inc.; WFDF, li- time two parties maintaining their in­ acting on behalf of such parties must be S ^ t o WFDF Flint Corp; and W TRX, tentions to promptly activate Channel made in written comments, reply com­ icensed to Eastman Broadcasting Co. 224A on its assignment to Flint. Ap­ ments, or other appropriate pleadings. • Ppints out that according to the parently it is their business judgment 11. In accordance with the provisions *on's channel assignment that a Class A channel is feasible at of § 1.419 of the Commission’s rules and q S V a community the size of Flint Flint in competition with 2 wide coverage regulations, an original and 14 copies of d have 4 to 6 commercial channels. FM stations.1 We note that their busi­ all comments, reply comments, plead­ respect to the need for an ness judgment is made with the knowl­ ings, briefs, or other documents shall be tionii nal F1VI service in Flint, peti- edge of the operation of one existing furnished the Commission. nilpri Kpnmarily relies on statistics com- Class A assignment (288A, WWCK) at 12. All filings made in this proceeding Flint. that r7 Chamber of Commerce of will be available for examination by in­ we a rp °K il? i ty ’ Among other things, 6. In view of the foregoing we find it in terested parties during regular business a e told the following: The commu- the public interest to propose the assign­ hours in the Commission’s Public Refer­ tnrirf Primary industry is the manufac- ment of FM Channel 224A to Flint, Mich. ence Room at its headquarters in Wash­ imat ^ ° aut°mobiles. There are approx- Accordingly, we propose, for considera­ ington, D.C. (1919 M Street NW .). tion, the following revision in our FM Flint6 y ^ manufacturing concerns in * Table of Assignments (§ 73.202(b) of our Adopted: February 14, 1973. Dennise^ l0Ting approximately 82,000 rules) with respect to the city listed Released: February 20, 1973. of 21 i^e city’s retail area has a radius below: whii* S UeS and a Population of 500,000 F ederal C ommunications ______e wholesale area has a radius of C o m m issio n ,1 8 Detailed statistics are also given for other [ seal] B en F . W aple, facets of the community, such as police and Secretary. was not tiniely filed but Is fire departments, hospitals, hotels, churches, [FR Doc.73-3564 Filed 2-23-73;8:45 am] JlUl n f°r ®°°U cause shown. libraries and educational institutions. 1970 U s r l ^ 011 flgures cited kre from the * One of which, WFBE, is a noncommercial ensus unless otherwise specified. educational station. 1 Commissioner Reid absent.

No. 37—P t.i___ 7 FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, T973 5194 PROPOSED RULE MAKING

SECURITIES AND EXCHANGE Investment company management 20a-l and by adding a new § 270.20a-4, are hereby withdrawn. COMMISSION must weigh carefully the decision whether to adjourn a shareholder meet­ By the Commission. [ 17 CFR Part 2 7 0 ] ing for the purpose of soliciting share­ [ seal] R onald F. H unt, [Release No. 10—7659; File No. S7-434] holders to obtain additional proxies in an effort ter secure sufficient votes to pass Secretary. ADJOURNMENT OF SHAREHOLDERS' a particular proposal or proposals. In F ebruary 6, 1973. MEETING AND SOLICITATION OF AD­ any case where shareholders clearly ex­ [FR Doc.73-3573 Filed 2-23-73;8:45 am] DITIONAL PROXIES press their disagreement and disinterest Withdrawal of Proposed Rule Making abstention, and thus fail to yield suffi- FEDERAL POWER COMMISSION in a proposal through negative votes or On March 31, 1972, the Securities and [ 18 CFR Part 2 ] Exchange Commission, published notice cient votes for passage, management (Investment Company Act Release No. must determine if an adjournment and [D ock'ts Nos. R-467, R-468] 7087, Securities Exchange Act Release additional solicitation is reasonable and in the interest of shareholders, or UTILIZATION AND CONSERVATION OF No. 9546) that it had under considera­ NATURAL GAS tion the adoption of proposed Rule 20a-4 whether such procedures would consti­ tute an abuse of management’s office. Proposed Policy Statement and Notice of (17 CFR 270.20a-4) under the Invest­ Proposed Rule Making; Extension of Time ment Company Act of 1940 (Act) (15 Where management embarks upon a U.S.C. 80a-l et seq.) and invited all in­ course of adjournment and additional F ebruary 16, 1973. terested persons to comment upon the solicitation, the Commission will con­ Commission regulations under the proposal. The rule would have prohibited sider whether such conduct appears to Natural Gas Act. Parts 153, 154,156, and constitute a breach of fiduciary duty any adjournment of a meeting of share­ 157. holders of a registered investment com­ under section 36(a) of the Act (15 U.S.C. The Independent Natural Gas Asso­ pany which related to a proposal requir­ 80a-35(a)). ciation of America, the Associated Gas ing shareholder approval if a quorum Among other factors the Commission Distributors, and the American Gas pursuant to State law were present at will consider will be the nature of the Association have filed requests for an such meeting. The Commission has con­ proposal, the percentage of Votes ac­ extension of time within which to file sidered the comments and suggestions tually cast, the percentage of actual neg­ comments in response to the “Notice of received and has decided to withdraw ative votes, the nature of the further Proposed Policy Statement with Request the proposed rule and to defer further solicitation and the information pro­ for Comments” in Docket No. R-467 (38 action on a rule at this time pending vided to shareholders with respect to the FR 1517), and the “Notice of Proposed further study. Such deferral should not reasons for such further solicitation Rulemaking and Request for Comments” be construed by registered investment (File No. S7-434). in Docket No. R-468 (38 FR 1519), issued companies and their counsel as an abate­ Proposed Rule 20a-4 is hereby with­ January 8, 1973, in_the above-designated ment of the Commission’s, concern with drawn. Additionally, a proposed techni­ matters. the problem of unwarranted adjourn­ cal amendment to Rule 20a-l published Upon consideration, notice is hereby ments of investment company share­ in the same notice, which would have given that the time is extended to and holder meetings or resolicitation of incorporated a reference to Rule 20a-4, including March 30, 1973, within which is also hereby withdrawn. any interested person may submit data, shareholders. Whether or not the Com­ Commission action. The Commission’s views, comments, or suggestions in writ­ mission will ultimately decide to adopt proposals to amend Part 270 of Chapter ing, in the above-designated matters. a rule in this area will be determined in II of Title 17 of the Code of Federal K enneth F. P lumb, large measure by the conduct of invest­ Regulations, which was published in Re­ Secretary. ment company management with respect lease Nos. 34-9546 and IC-7087 (37 FR [FR Doc.73-3590 Filed 2-23-73;8:45 am] to such solicitations in the future. 6758 April 4, 1972), by amending § 270.-

FEDERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 5195 Notices

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

DEPARTMENT OF TH E TREASURY ated, from Japan are being, or are likely the fact or likelihood of sales at less Office of the Secretary to be, sold at less than fair value within than fair value. the meaning of the Antidumping Act, A summary of information received [ATB 643.3 WT] 1921, as amended (19 U.S.C. 160 et seq.). from all sources is as follows: There is evidence on record concern­ EXPANDED METAL, OF BASE METAL, The information received tends to indicate FROM JAPAN ing injury to or likelihood of injury to or that the prices of the merchandise sold for Antidumping Proceeding Notice prevention of establishment of an indus­ exportation to the United States are less try in the United States. that the prices for home consumption. On January 12, 1973, information was Having conducted a summary investi­ This notice is published pursuant to received in proper form pursuant to gation as required by § 153.29 of the cus­ §§ 153.26 and 153.27, Customs Regula­ § 153.30 of the Customs Regulations (19 toms regulations (19 CPR 153.29) and CPR 153.30). tions (19 CPR 153.26, 153.27), indicating having determined as a result thereof a possibility that expanded metal, of that there are grounds for so doing, the [ seal] M a tth ew J. M arks, base metal, from Japan is being, or is Bureau of Customs is instituting an in­ Acting Assistant Secretary likely to be, sold at less than fair value quiry to verify the information submit­ of the Treasury. within the meaning of the Antidumping ted and to obtain the facts necessary to [PR Doc.73-3627 Piled 2-23-73;8:45 am] Act, 1921, as amended (19 U.S.C. 160 enable the Secretary of the Treasury to etseq.). Expanded metal,* of base metal, reach a determination as to the fact or f used primarily as flooring and plat­ likelihood of sales at less than fair value. DEPARTMENT OF THE INTERIOR forms for pedestrian traffic, and for dec­ orative purposes. A summary of information received National Park Service from all sources is as follows: There is evidence on record concern­ HIGHLAND LIGHT DEVELOPMENT AREA ing injury to or likelihood of in jury to The information received tends to indicate OF CAPE COD NATIONAL SEASHORE or prevention of establishment of an in­ that the prices of the merchandise sold for Notice of Intention To Extend Concession exportation to the United States are less than dustry in the United States. the prices for home consumption. Contract Having conducted a summary inves- Pursuant to the provisions of section 5 This notice is published pursuant to ™ on as required by § 153.29 of the of the act of October 9, 1965 (79 Stat. [«rfS ?8 R e la tio n s (19 CPR 153.29) § 153.30 of the customs regulations (19 CPR 153.30). 969; 16 U.S.C. 20), public notice is here­ and having determined as a result by given that on or before March 28,1973, r£freoL that tllere are grounds for so [ seal] M atth ew J. M arks, the Department of the Ulterior, through i ’ . e Bureau of Customs is institut- Acting Assistant Secretary the Director of the National Park Service, . indicating submitted and to obtain the facts nec­ Assistant Director, chines sinJi^ ^ metal punching ma- essary to enable the Secretary of the National Park Service. ' smgle-end type, manually oper­ Treasury to reach a determination as to [PR Doc.73-3539 Piled 2-23-73;8:45 am]

FEDERAL REGISTER, VOL. 38, l4o. 37— M ONDAY, FEBRUARY 26, 1973 I

» 5196 NOTICES

NATIONAL CAPITAL PARKS Riverways, Van Buren, Mo. 63965, for to be given preference in the renewal of information as to the requirements of the contract and in the negotiation of a Notice of Intention To Extend Concession the proposed permit. new contract. However, under the act Contract cited above, the Secretary is also required R andall R . P ope, . Pursuant to the provisions of section Superintendent, to consider and evaluate all proposals 5 of the Act of October 9, 1965 (79 Stat. received as a result of this notice. Any 989; 16 U.S.C. 20), public notice is hereby Ozark National Scenic Riverways. proposal to be considered and evaluated given on or before March 28, 1973, the D ecember 18,1972. must be submitted on or before March 28, Department of the Interior, through the [FR Doc.73-3540 Filed 2-23-73:8:45 ami 1973. Director of the National Park Service, Interested parties should contact the proposes to extend the concession con­ Chief o f Concessions Management, Na­ tract with Rock Creek Park Horse Cen­ OZARK NATIONAL SCENIC RIVERWAYS tional Park Service, Washington, D.C. tre, Inc., authorizing it to provide conces­ Notice of Intention To Issue a Concession 20240, for information as to the require­ sion facilities and services for the pub­ Permit ments of the proposed contract. lic within National Capital Parks for a Dated: February 14,1973. period of one (1) year from October 1, Pursuant to the provisions of section 1972, through September 30, 1973. 5, of the act of October 9, 1965 (79 Stat. Lawrence C. Hadley, The foregoing concessioner has per­ 969; 16 U.S.C. 20), public notice is hereby Assistant Director, formed its obligations under the ex­ given on or before March 28, 1973, the National Park Service. piring contract to the satisfaction of the Department of the Interior, through the [FR Doc.73-3543 Filed 2-23-73:8:45 am] Superintendent, Ozark National Scenic National Park Service, and therefore, Riverways, proposes to issue a conces­ pursuant to the act cited above, is en­ DEPARTMENT OF AGRICULTURE tiled to be given preference in the re­ sion permit to James and Mae Sullivan authorizing them to provide concession newal of the contract and in the nego­ Rural Electrification Administration facilities and service for the public at tiation of a new contract. However, under BASIN ELECTRIC POWER COOPERATIVE the act cited above, the Secretary is also Round Spring Unit, Ozark National required to consider and evaluate all Scenic Riverways for a period of one Availability of Final Environmental proposals received as a result of this (1) year from January 1, 1973, through Statement notice. Any proposal to be considered December 31, 1973. Notice is hereby given that the Rural and evaluated must be submitted on The foregoing concessioner has per­ Electrification Administration has pre­ or before March 28, 1973. formed its obligations under a prior pared a Final Environmental Statement Interested parties should contact the permit to the satisfaction of the Na­ in accordance with section 102(2) (C) Chief of Concessions Management, tional Park Service and, therefore, pur­ of the National Environmental Policy National Park Service, Washington, suant to the act cited above, is entitled Act of 1969, in connection with a loan D.C. 20240, for information as to the re­ to be given preference in the renewal application from Basin Electric Power quirements of the proposed contract. of the permit and in the negotiation of Cooperative of Bismarck, N. Dak. Tins a new permit. However, under the act loan application requests REA loan funds Dated: February 14, 1973. cited above, the National Park Service is to complete Stanton Unit No. 2 and ex­ L awrence C. H adley, also required to consider and evaluate tensive transmission facilities and to in­ Assistant Director, aU proposals received as a result of this stall an electrostatic precipitator for National Park Service. notice. Any proposal to be considered Stanton Unit No. 1. and evaluated must be submitted on or Additional information may be se­ [FR Doc.73-3542 Filed 2-23-73:8:45 am] before March 28, 1973. cured on request, submitted to the As­ Interested parties should contact the sistant Administrator—Electric, Ru™ OZARK NATIONAL SCENIC RIVERWAYS Superintendent, Ozark National Scenic Electrification Administration, U.S. De­ Riverways, Van Buren, Mo. 63965, for partment of Agriculture, Washington. Notice of Intention To Issue a Concession information as to the requirements of the DC 20250. The Final Environmental Permit proposed permit. Statement may be examined during reg­ Pursuant to the provisions of section 5, ular business hours at the offices of R andall R . P ope, of the act of October 9, 1965 (79 Stat. Superintendent, in the South Agriculture Building, l J 969; 16 U.S.C. 20), public notice is hereby Ozark National Scenic Riverways. Street and Independence AJenue given that on or before March 28, 1973, Washington, DC, Room 4310 or at the Department of the Interior, through D ecember 18,1972. borrower address indicated above. the Superintendent, Ozark National Sce­ [FR Doc.73-3541 Filed 2-23-73;8:45 am] Final REA action with respect to tn nic Riverways, proposes to issue a con­ matter (including any release of i cession permit to Dwight Terry and Rob­ may be taken after thirty (30) day , ert McSpadden authorizing them to YOSEMITE NATIONAL PARK only after REA has reached satisfactory provide concession facilities and service Notice of Intention To Extend Concession conclusions with respect to ttsen for the public at Big Spring Unit, Ozark Contract mental effects and after ■ National Scenic Riverways for a period quirements set forth in the Natio Pursuant to the provisions of section 5 of two (2) years from January 1, 1973, vironmental Policy Act of 1969 ha through December 31,1974. of the act of October 9,1965 (79 Stat. 969; 16 U.S.C. 20), public notice is hereby met. . The foregoing concessioner has per­ given on or before March 28, 1973, the Dated at Washington, D.d., this 1 formed its obligations under a prior per­ Department of the Interior, through the day of February 1973. mit to the satisfaction of the National Director of the National Park Service, D avid A. Hamil, Park Service and, therefore, pursuant to proposes to extend the concession con­ Administrator, the act cited above, is entitled to be given tract with Dr. Charles A. Woessner, au­ Rural Electrification Administration. preference in the renewal of the permit thorizing him to provide dental services and in the negotiation of a new permit. for the public at Yosemite National Park, [FR Doc.73-3580 Filed 2-23-73:8.45 am However, under the act cited above, the Calif., for a period of two (2) years from National Park Service is also required to Soil Conservation Service consider and evaluate all proposals re­ January 1, 1973, through December-31, ceived as a result of this notice. Any pro­ 1974. SWAN CREEK WATERSHED PR°J ALABAMA posal to be considered and evaluated The foregoing concessioner has per­ formed its obligations under the expired Notice of Availability of Draft must be submitted on or before March 28, Environmental Statement ^ ^ 1973. contract to the satisfaction of the Na­ Pursuant to section 102 (2) (C) of Interested parties should contact the tional Park Service, and therefore, pur­ Superintendent, Ozark National Scenic suant to the act cited above, is entitled National Environmental

FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 NOTICES 5197

1969, the Soil Conservation Service, U.S. August 15, 1966, has requested that such tion, and Welfare in the preparation of Department of Agriculture has prepared designations be vacated. analyses and recommendations which a draft environmental statement for the Issued this 20th day of February 1973. the Secretary determines will help the Swan Creek Watershed Project, Lime­ Department to take initiative in seeking stone County, Ala., USDA-SCS-ES-W S- Clayton Y eutter, to assure that the use of automated per­ (ADM) -73-31 (D ). Assistant Secretary. sonal data systems will be managed to The environmental statement con­ [FR Doc.73-3529 Filed 2-23-73;8:45 am] maximize their benefits and minimize cerns a plan for watershed protection their potential for harmful consequences. and flood prevention. The planned works DEPARTMENT OF COMMERCE (2) Members of Committee. The Com­ of improvement, include conservation mittee is chaired by Dr. Willis H. Ware, land treatment and 12.5 miles of chan­ Maritime Administration and is composed of the following other nel modification. SS “UNITED STATES" members: Layman Allen, Juan Anglero, This draft environmental statement Stanley Aronoff, William Bagley, Philip was transmitted to CEQ on January 30, Notice of Purchase and Solicitation of Burgess, Gertrude Cox, Patricia Cross, 1973. Proposals for Use Gerald Davey, Taylor DeWeese, Guy Copies are available during regular Notice is hereby given that pursuant to Dobbs, Robert Gallati, Florence Gaynor, working hours at the following locations: the provisions of Public Law 92-296 the John Gentile, Jane Hardaway, James Soil Conservation Service, USD A, South Assistant Secretary of Commerce for Impara, Patricia Lanphere, Arthur Mil­ Agriculture Building, Room 5227, 14th and Maritime Affairs, acting for and on be­ ler, Don Muchmore, Jane Noreen, Roy Independence Avenue SW, Washington, half of the Secretary of Commerce, pur­ Siemiller, Ruth Silver, Sheila Smythe, DC 20250. chased on February 6,1973, the passenger and Joseph Weizenbaum. Soil Conservation Service, Wright Building, liner SS United States from its former (3) Agenda for meeting. The meeting 138 South Gay Street, Auburn, AL 36830. owner. The Public Law permits the Mari­ will be devoted exclusively to the pur­ Copies are also available from the time Administration to sell or charter poses of considering and formulating ad­ National Technical Information Serv­ the vessel to a qualified operator for oper­ vice to be included in the Committee’s ice, U.S. Department of Commerce, ation under the American flag or to lay report to the Secretary. The meeting Springfield, Va. 22151. Please use name up the vessel in the National Defense will consist solely of the exchange of and number of statement above when Reserve Fleet. opinions, views, and judgments of mem­ ordering. The estimated cost is $3.25. The Maritime Administration is solicit­ bers on the proposed and tentative form­ Copies of the draft environmental ing proposals from qualified operators ulations of the report, and this discus­ statement have been sent for comment to interested in the purchase or charter of sion, if written, would fall within the various Federal, State, and local agencies the vessel for operation under the Amer­ fifth exemption from the mandatory dis­ as outlined in the Council on Environ­ ican flag. Proposals are to be submitted closure requirements of the Freedom of mental Quality Guidelines. Comments by March 30, 1973, and should be ad­ information Act (5 U.S.C. 5 5 2 (b )(5 )). are also invited from others having dressed to the Secretary, Maritime Ad­ Accordingly, in accordance with a deter­ knowledge of or special expertise on en­ ministration, Washington, DC 20235, and mination made by the Assistant Secre­ vironmental impacts. contain sufficient detail for the Maritime tary for Administration and Manage­ Comments concerning the proposed Administration to determine the in­ ment with the concurrence of the Office action or requests for additional infor­ tended use, and the economic feasibility of General Counsel ahd the Office of mation should be addressed to William B. of the project, as well the ability (finan­ Public Affairs, the meeting will be closed Lingle, State Conservationist, Soil Con­ cial and operational) of the proposed to the public pursuant to section 10(d) servation Service, Post Office Box 311, operator to undertake the project. of the Federal Advisory Committee Act Auburn, AL 36830. Dated: February 20, 1973. (Public Law 92-463). Comments must be received within 60 Any persons desiring information about days of the date the statement was trans­ By order of the Maritime Administra­ the Committee’s work may telephone mitted to CEQ in order to be considered tion. (202— 963-3003), or write to the Office m the preparation of the final environ­ James S. Dawson, Jr., of the Executive Director, Room 5517, mental statement. Secretary. HEW North Building, 330 Independence [FR Doc.73-3581 Filed 2-23-73;8:45 am] Avenue, SW., Washington, DC 20201. Eugene C. Buie, Acting Deputy Administrator David B. H. Martin, tor Watersheds, Soil Conser­ DEPARTMENT OF HEALTH, Executive Director. vation Service. EDUCATION, AND WELFARE February 20,1973. February 16,1973. Office of the Secretary [FR Doc.73-3547 Filed 2-23-73;8:45 am] [FR Doc. 73-3530 Filed 2-23-73;8:45 am] SECRETARY’S ADVISORY COMMITTEE ON AUTOMATED PERSONAL DATA SYSTEMS DEPARTMENT OF HOUSING AND Office of the Secretary Notice of Meeting URBAN DEVELOPMENT NEW YORK PRODUCE EXCHANGE A meeting of the Secretary’s Advisory Office of Interstate Land Sales Committee on Automated Personal Data Registration Order Vacating Designations as Contract Systems will be held as follows: from Market [Docket No. N-73-140; Adm. Div. Docket 9:30 a.m. to 6 p.m. on Thursday, March 1, No. Z—303] moditf^ V 0 section 7 of the Cor 1973, in room 5131 HEW north building, herebv Sf^ange Act (7 U.S.C. 11), 330 Independence Avenuft SW., Washing­ Hasty-Greerie Investments, Inc. NewYork i 6 Jihe desiSnations of tl ton, D.C.; from 9 a.m. to 6 p.m. on Fri­ Notice of Hearing York n v Produce Exchange of N< day, March 2, 1973, and from 9 a.m. to 1. Hasty-Greene Investments, Inc., its May 10 law ™°ntr?ct market effect! 3 p.m. on Saturday, March 3, 1973, at officers and agents, hereinafter referred was designs said exchanSe> whi< Skyline Inn, South Capitol and Eye to as Respondent, being subject to the Stains on as a contract market f Streets SW., Washintgon, D.C. provisions of the Interstate Land Sales oil, soybeanUnu 21, 1926, for cottonsei (1) Purpose of Committee. The Com­ Full Disclosure Act (Public Law 90-488) ber 8 man 01I’ and fallow on Decer (15 U.S.C. 1701 et seq.), received a notice February ii cot<;onseed meal < mittee was appointed to advise and as­ of proceedings and opportunity for hear­ y u > 1964> and for soybeans < sist the Department of Health, Educa­ ing dated January 3, 1973, which was

FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 5198 NOTICES sent to the developer pursuant to 15 It is so ordered. 1972 (37 FR 13360). The notice provided U.S.C. 1706(d) and 24 CFR 1710.45(b) (1) The Atomic Safety and Licensing that, on or before March 28, 1973, any in form in g the developer of information person whose interest may be affected by Board. obtained by the Office of Interstate Land the proceeding could file a petition for W alter W. K. B en n ett, leave to intervene in accordance with the Sales Registration showing that a change Chairman. had occurred which affected material requirements of 10 CFR Part 2, rules of facts in the developer’s statement of rec­ [FR Doc.73-3513 Filed 2-23-73;8:45 am] practice. A joint petition for leave to ord for Walden Ridge unit I, and the fail­ intervene was thereafter filed by Citizens for a Safe Environment and Environ­ ure of the developer to amend the per­ [Docket No. 50-289] tinent sections of the statement of record mental Coalition on Nuclear Power (pe- and property report. METROPOLITAN EDISON CO.f ET AL. tioners). The State of Pennsylvania also 2. The Respondent filed an answer petitioned to participate as a State pur­ Notice of Hearing on a Facility Operating suant to 10 CFR 2.715(c). As set out in dated January 17, 1973, in answer to the License allegations of the notice of proceedings the memorandum and order referred to Pursuant to the Atomic Energy Act' and opportunity for a hearing. above, a public hearing will be held; pe­ of 1954, as amended (the Act), the Na­ titioners will be admitted as a party, 3. In said answer the Respondent re­ tional Environmental Policy Act of 1969 and Pennsylvania as an interested State. quested a hearing on the allegations con­ (NEPA), and the regulations in Title 10, A prehearing conference or confer­ tained in the notice of proceedings and Code of Federal Regulations, Part 50, ences will be held by the Licensing opportunity for a hearing. “Licensing of Production and Utiliza­ Board, at a date and place to be set by 4. Therefore, pursuant to the provi­ tion Facilities,” and Part 2, rules of it, to consider pertinent matters in ac­ sions of 15 U.S.C. 1706(d) and 24 CFR practice, notice is hereby given that, cordance with the Commission’s rules of 1720.160(b) i It is hereby ordered, That subject to conditions set forth in a mem­ practice. The date and place of the hear­ a public hearing for the purpose of tak­ orandum and order of February 20, 1973, ing will be set by the Board at or after ing evidence on the questions set forth a hearing will be held on the pressurized the prehearing conference. Notices as to in the notice of proceedings and oppor­ water reactor identified as the Three- the dates and places of the prehearing tunity for hearing will be held before Mile Island Station, Unit 1 (the facility) conference and the hearing will be pub­ Paul N. Pfeiffer, Administrative Law of the applicants, Metropolitan Edison lished in the Federal R egister. The Judge, in room 7233, Department of HUD Co,, Jersey Central Power & Light Co., specific issues to be considered at the Building, 451 Seventh Street SW., Wash­ and Pennsylvania Electric Co. The hear­ hearing will be determined by the Licens­ ington, D.C., on March 7, 1973 at 10 a.m. ing will be held at a time and place to ing Board. The following time and procedure is be set in the future by the Atomic Safety For further details pertinent to the applicable to such hearing: All affidavits and Licensing Board (Licensing Board) matters under consideration, see the ap­ and a list of all witnesses are requested designated herein, to begin in the vicinity plication for the facility operating li­ to be filed with the Hearing Clerk, HUD of the facility in Dauphin County, Pa. cense dated June 25, 1970, _as amended; Building, Room 10150, Washington, D.C. Construction of the facility was author­ the licensees’ revised environmental re­ 20410, on or before February 28, 1973. ized by Provisional Construction Permit port dated February 11, 1972; and the 5. The Respondent is hereby notified No. CPPR-40, issued by the Atomic licensees’ Amendment No. 1 thereto, that failure to appear at the above- Energy Commission on May 18,1968. The dated March 3, 1972, the draft detailed scheduled hearing shall be deemed a de­ hearing will consider ( 1) whether, con­ statement on environmental considera­ fault and the proceeding shall be deter­ sidering those matters covered by Ap­ tions pursuant to 10 CFR Part 50, Ap­ mined against Respondent, the allega­ pendix D to 10 CFR Part 50, the provi­ pendix D, dated June 1972, and the Com­ tions of which shall be deemed to be true, sional construction permit should be mission’s final detailed statement on and an order suspending the statement continued, modified, terminated, or ap­ environmental considerations pursuant of record, herein identified, shall be is­ propriately conditioned to protect envi­ to 10 CFR Part 50, Appendix D, dated sued pursuant to 24 CFR 1710.45(b) (1). ronmental values, and (2 ) whether a December 1972, which are available for This notice shall be served upon the facility operating license should issue. public inspection at the Commission’s Respondent forthwith pursuant to 24 An operating license will be issued only Public Document Room, 1717 H Street CFR 1720.440. after appropriate findings are made by NW., Washington, DC, and at the Gov­ the Director of Regulation on the mat­ ernment Publication Section,' State Li­ Dated: February 20,1973. ters set out in 10 CFR 50.57A which are brary of Pennsylvania, Box 1601 (Edu­ By the Secretary. •not embraced by the Board’s decision, cation Building), Harrisburg, and upon compliance with the applica­ Copies of the Commission’s final detailed G eorge K. B ernstein, ble provisions of Appendix D to 10 CFR statement on environmental considera­ Interstate Land Sales Administrator. Part 50. tions pursuant to 10 CFR Part 50, Ap­ [FR Doc.73-3553 Filed 2-23-73;8:45 am] The instant facility is subject to the pendix D, dated December 1972, may u provisions of section C of Appendix D obtained by request to the Deputy Direc­ ATOMIC ENERGY COMMISSION to 10 CFR Part 50, which sets forth tor for Reactor Projects, Directorate procedures applicable to review of en­ Licensing, U.S. Atomic Energy Com m is­ [Dockets Nos. 50-269A etc.] vironmental considerations for produc­ sion, Washington, D.C. 20545. As they o ' DUKE POWER CO. tion and utilization facilities for which come available, the following docume Notice and Order for Prehearing construction permits were issued prior also will be available at the above 1° Conference to January 1, 1970. tions: (1) The report of the Advisory The Licensing Board shall consist of Committee on Reactor Safeguards on In the matter of Duke Power Co. Charles A, Haskins, Esq. (Chairman), application for a facility °Per,a„ n:Lar (Oconee Units 1, 2, and 3; McGuire Units Dr. M. Stanley Livingston and Dr. John cense for the Three-Mile Island Nu 1 and 2), Dockets Nos. 50-269A, 50-270A, R. Lyman. Mr. Ralph S. Decker has been Station Unit 1; (2) the safety evaluah 50-287A, 50-369A, 50-370A. designated as a technically qualified al­ prepared by the Directorate of Lice ’ Take notice that the fourth prehear­ ternate, and Max D. Paglin, Esq., has ( 3) the proposed facility °Pera”i^1.La. ing conference in the above-entitled been designated as an alternate qualified cense; and (4) the technical spe matter will be held commencing at 9:30 in the conduct of administrative pro­ tions, which will be attacli a.m. March 7, 1973, at 811 Vermont Ave­ ceedings. Appendix A to the proposed facn y nue NW„ Room 111, Washington, DC A “Notice of Consideration of Issuance •ating license, . ^ (Veterans Administration Building). of Facility Operating License and Notice Any person who wishes to m Issued at Washington, D.C., this 20th of Opportunity for Hearing” was pub­ *al or written statement to day of February 1973. lished in the Federal R egister on July 7, ceding but who has not filed a P

FEDERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 NOTICES 5199

for leave to intervene as noted above, Notice is hereby given that a prehear­ the best public coast station service based may request permission to make a lim­ ing conference in the above-entitled on the following considerations: ited appearance pursuant to the provi­ matter is assigned to be held on (1) Coverage area and its relation to sions of 10 CFR 2.715 of the Commis­ March 20, 1973, at 10 a.m. (local time) the greatest number of potential users; sion’s rules of practice. Limited in room 503, Universal Building, 1825 (2) Hours of operation; appearances will be permitted at the Connecticut Avenue NW., Washington, (3) Quality and variety of service; time of the hearing in the discretion of D.C., before Administrative Law Judge (4) Ability to effectively participate in the Licensing Board, within such limits Joseph L. Fitzmaurice. the maritime mobile radio safety system; and on such conditions as may be fixed Notice is also given that the hearing (5) Economic viability as affects li­ by it. Persons desiring to make a limited may be held immediately following con­ censee’s ability to provide continuous appearance are requested to inform the clusion of the prehearing conference un­ and uninterrupted reliable and efficient Secretary of the Commission, U.S. less a person objects or shows reason for service for at least 1 year; Atomic Energy Commission, Washing­ postponement on or before March 13, (6 ) Rates and charges; ton, D.C. 20545, on or before March 28, 1973. (7) Qualifications of management, op­ 1973. A person permitted to make a lim­ erators, and other personnel; and Dated at Washington, D.C., Febru­ ited appearance does not become a party, (8 ) Interconnections with landline fa­ but may state his position and raise ary 20, 1973. cilities. questions which he would like to have [seal} R alph L. W iser, b. To determine in the light of the evi­ answered to the extent that the ques­ Chief Administrative Law Judge. dence adduced on all the foregoing issues, tions are within the scope of the hearing [FR Doc.73—3575 Filed 2-23-73;8:45 am] which application should be granted. as specified above. A member of the pub­ 4. It is further ordered, That the lic does not have the right to participate FEDERAL COMMUNICATIONS burden of proceeding with the introduc­ unless he has been granted the right to tion of evidence on Issue a is placed on intervene as a party or the right of lim­ COMMISSION each applicant insofar as the respective ited appearance. [Dockets Nos. 19678-19680; FCC 73-142] items pertain to each of the parties. Issue An answer to this notice, pursuant to RADIO TELEPHONE COMPANY OF b is conclusory. the provisions of 10 CFR 2.705 of the GAINESVILLE, FLA., ET AL. 5. It is further ordered, That SUbpart Commission’s rules of practice, must be R of Part 81 of the rules shall be used as filed by the parties to this proceeding Memorandum Opinion and Order Desig­ the guide and referense source for the (other than the regulatory staff) on or nating Applications for Consolidated Hearing on Stated Issues preparation of exhibits showing the geo­ before March 16, 1973. graphical area in which satisfactory Papers required to be filed in this pro­ In re applications of Radio Telephone ship-shore maritime communications ceeding may be filed by mail or telegram Company of Gainesville, Gainesville, Fla., can be technically exchanged. Subpart addressed to the Secretary of the Com­ Docket No. 19678, File No. 426-M-L-62; R contains technical standards for com­ mission, U.S. Atomic Energy Commis­ W. Donald Molitor and Donald N. Moli- puting service areas for VHF maritime sion, Washington, D.C. 20545, Attention: tor doing business as Canaveral Com­ mobile coast stations. Chief, Public Proceedings Branch, or may munications, Cocoa, Fla., Docket No. . 6. It is further ordered, That to avail be filed by delivery to the Commission’s 19679, File No. 294-M-L-62; Marine themselves of an opportunity to be heard, Public Document Room, 1717 H Street Telephone Co., Inc., Miami, Fla., Docket each of the applicant parties, pursuant NW., Washington, DC. No. 19680, File No. 232-M—L-52; for a to § 1.221(c) of the rules, shall within Pending further order of the Licensing public- coast Class HI (VHF) radio sta­ 20 days of the mailing of this order file Board, parties are required to file, pur- tion to serve the Daytona Beach-New with the Commission, in triplicate, a S suant to the provisions of 10 CFR 2.708 Smyrna Beach, Fla., locality. written appearance stating an intention of the Commission’s rules of practice, an 1. The above applications are on file to appear on the date set for hearing original and 20 Conformed copies of each for a VHF Public Coast station to be and present evidence on the issues speci­ such paper with the Commission. located on the east coast of Florida in fied in this order. Pursuant J;o § 1.221(b) Dated at Germantown, Md., this 20th the Daytona Beach-New Smyrna Beach of the rules, the chiefs of the Safety and uay of February 1973. locality. This class of station provides Special Radio Services and Common public correspondence service to ships Carrier Bureaus are parties in this pro­ U.S. Atomic Energy Commission. and, pursuant to the Commission’s rules, ceeding, and will be served with copies Paul C. Bender, amended on August 14 and 22, 1972, in of all filings. Dockets Nos. 19360 and 19484, respec­ Secretary of the Commission. Adopted: February 7, 1973. tively, we authorize only one station of [FR Doc.73-3514 Piled 2-23-73;8:45 am] this class to serve such a locality under Released: February 14, 1973. circumstances here existing. Federal Communications URANIUM HEXAFLUORIDE 2. The applications, therefore, are. Commission,1 Charges, Enriching Services, Specifications, mutually exclusive under our rules be­ [seal] Ben F. W aple, and Packaging; Revisions cause all applicants propose to serve Secretary. essentially the same locality. Addition­ correction ally, the applications of Radio Telephone [FR Doc.73-3565 Filed 2-23-73;8:45 am] 4432 73~2879, appearin gal Company of Gainesville, and Marine Telephone Co., Inc., are mutually exclu­ [Docket No. 19072; FCC 73-131] aiy 14 i?7V ^ Ue of Wednesday, P sive because they propose to operate on Tabled lu73, ln the fourth colur UNITED TELEPHONE CO. OF OHIO “ the fourth number whicl the same working frequency; 162 MHz. _ ads -°-89” should read “-0.189 Thus, a hearing is needed to determine Memorandum Opinion and Order Remand­ which application should be granted. Ex­ ing Proceeding to Administrative Law cept as indicated otherwise by the issues Judge CIVIL AERONAUTICS BOAR below, the applicants are qualified for In re applications for renewal of li­ [Docket No. 24907] the grant of their applications. cense filed by United Telephone Co. AIR HAITI, S.A. 3. Accordingly, it is ordered, That the of Ohio; Docket No. 19072; . File Nos. above-entitled applications are desig­ 548-C2-R-70, 549-C2-R-70, for radio Notice of Prehearing Conference a nated for hearing at a time and place to common carrier stations KQA459 Hearing be specified in a subsequent order on and KQA651 in the Domestic public land Action*1 nf r£ arrier permit amend] the following issues. •«»£¡3 A S " York- * * « a. To determine comparatively which 1 Commissioner Johnson concurring in the applicant will provide the public with result; Commissioner H. Rex Lee absent.

FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 5200 NOTICES puting their own costs for providing CHINESE MARITIME TRANSPORT, LTD., mobile radio service at Lima, Ohio, and AND/OR ORIENT OVERSEAS LINE, INC. Bellefontaine, Ohio. competitive services. Although the 1. The Commission has under consid­ Guardband Proceeding is not directly Notice of Issuance of Performance eration the Initial Decision, FCC 72D-16, applicable to the applications under con­ Certificate of Administrative Law Judge Lenore sideration here, our discussion illus­ Security for the protection of the Ehrig, exceptions thereto and supporting trated our concern with competition public, indemnification of passengers for briefs, filed on April 6,1972, by Carpenter between United and competing non­ nonperformance of transportation. wireline carriers which use its intercon­ Radio Co. (Carpenter), Ohio Association Notice is hereby given that the follow­ of Radio Common Carriers (Associa­ nection facilities. We did not contem­ plate the narrow framework within ing have been issued a certificate of fi­ tion), and the Chief, Common Carrier nancial responsibility for indemnifica­ Bureau (Bureau), and a reply, filed April which the Presiding Judge interpreted Issue 2. It is incumbent upon United to tion of passengers for nonperformance 19, 1972, by United Telephone Co. of transportation pursuant to the provi­ of Ohio (United). Carpenter, Associa­ establish the costs upon which its charges for interconnection are based sions of section 3, Public Law 89-777 (80 tion, and the Bureau have requested oral Stat. 1357, 1358) and Federal Maritiine argument before the Commission, en and to have the burden of proving that Commission General Order 20, as banc. the charges are reasonable and do not 2. The captioned renewal applications give United unwarranted competitive amended (46 CFR Part 540) : were designated for hearing in a Mem­ advantage. Under the Presiding Judge’s Chinese Maritime Transport, Ltd., and/or orandum Opinion and Order, FCC 70— interpretation of the issue, such evidence Orient Overseas Line, Inc., c/o Orient 1154, released November 6, 1970, on is­ was not required for resolution of the Overseas Services, Inc., 311 California sues which included inter alia the fol­ issue. We are therefore unable to resolve Street, San Francisco, CA 94104. lowing: the issue based on the evidence of record. Dated: February 20, 1973. To determine whether United Tele­ 4. Accordingly, it is ordered, That the phone Co. of Ohio, in connection record is reopened and that the proceed­ Francis C. Hurney, Secretary. with the rates charged to miscellaneous ing is remanded to the presiding Admin­ common carriers and to others for inter­ istrative Law Judge for further proceed­ [FR Doc.73-3550 Filed 2-23-73;8:45 am] connection with the landline facilities of ings consistent with our opinion herein; United, has engaged in any pricing prac­ and CERTIFICATES OF FINANCIAL tices which are : 5. It is further ordered, That such re­ RESPONSIBILITY (OIL POLLUTION) (a) Anticompetitive or monopolistic; manded proceedings be conducted on an (b) In violation of any provision of expedited basis; and Notice of Certificates Revoked the Communications Act or contrary to 6. It is further ordered, That the re­ Notice of voluntary revocation is here­ the public interest standards thereof; quests for oral argument filed by Car­ by given with respect to Certificates of (c) In violation of any rule, decision, penter Radio Co., Ohio Association of Financial Responsibility (Oil Pollution) or policy of the Federal Communications Radio Common Carriers, and the Chief, which had been issued by the Fed­ Commission; Common Carrier Bureau, are denied. eral Maritime Commission, covering the and if so, whether the Commission Adopted: January 31, 1973. below-indicated vessels, pursuant to Part should • prescribe just and reasonable Interconnection charges, and what such Released: February 5, 1973. 542 of Title 46 CFR and section 11 (p) charges should be, pursuant to section Federal Communications (1) of the Federal Water Pollution Con­ 201(a) of the Act, 47 U.S.C. section 201 Commission,1 trol Act, as amended. (a ). [seal! Ben F. W aple, Certificate In resolving the designated issue, the Secretary. No. Owner/Operator and Vessels Graff-Wang & Evjen: Presiding Judge misconstrued the scope [PR Doc.73-3566 Filed 2-23-73;8:45 am] 01034— of the issue and confined her delibera­ Seafalcon. tions to “ whether United is charging a 01177— Freighters Transport Corp.: premium for a line to connect a miscel­ FEDERAL MARITIME COMMISSION Aegean Dolphin. 01248— A.S. Atlantic: laneous common carrier as distinct from CHINESE MARITIME TRANSPORT, LTD., N.V. Nederlandsch-Ameriiaanscbe ordinary business lines.” AND/OR ORIENT OVERSEAS LINE, INC. 01271___ Stoomvaart-MaatschappiJ. 3. In our designation order we noted Notice of Issuance of Casualty Certificate that Association alleged, inter alia, that Kamperdyk. United was discriminating in its charges Security for the protection of the Korendyk. .. public, financial responsibility to meet 01306— Shaw Savill & Albion Co. Lta.. to miscellaneous common carriers for Atlantic Jamican. interconnection as opposed to ordinary liability incurred for death or injury to passengers or other persons on voyages. 01320— Friedrich A. Detjen: business lines. It was our intention, how­ ILdk8*s. r ' ever, to consider United’s interconnec­ Notice is hereby given that the follow­ 01334— terican President Lines L tion pricing practices fully in order to ing have been issued a certificate of fi­ >resident Harding. assure that it was not engaged in any nancial responsibility to meet liability 01354— !. Hansen-Tangen: anticompetitive or monopolistic pricing incurred for death or injury to passen­ Greenland Sea. practices. In the designation order we gers or other persons on voyages pur­ 01609— r. Houtvaart: discussed at length our “concern for the suant to the provisions of section 2, /list. 01819— ig Line Ltd.: possibilities of competitive abuse where Public Law 89-777 (80 Stat. 1356, 1357) £ing Charles. wireline carriers compete with non-wire­ and Federal Maritime Commission Gen­ 01861— ». Tanker Co., Ltd.: line carriers” (Guardband Proceeding, 12 eral Order 20, as amended (46 CFR 540): British Lantern. FCC 2d 841 at 845 (1968), recon. den. 14 3ritish M erch a n t. Chinese Maritime Transport, Ltd., and/or 3ritish Victory. _ FCC 2d 296, affirmed sub nom. Radio Orient Overseas Line, Inc., c/o Orient 01905— n Line Steamers Ltd.. Relay, Inc. v. FCC, 409 F 2d 322 (2d Cir., Overseas Services, Inc., 311 California 1969) ), and we stressed the “ great sig­ Street, San Francisco, CA 94104. nificance we attach to competitive equal­ 01935— Dilted: February 20, 1973. SS Co. of 1912 Ltd.. ity between wireline and non-wireline 3ine Maersk. carriers.” The guidelines we established Francis C. Hurney, 02043___ omen Tankkilaiva 0 7 ^ in the Guardband Proceeding for pricing Secretary. Tankfartygs AB: practices in competitive situations pro­ [FR Doc.73-3549 Filed 2-23-73;8:45 am] W irta. . Qtpam NaV* vided that authorizations would be 02198---- ninsular & Oriental granted on the condition that wireline ig a tio n Co.: rrevaylor. carriers made their facilities available i Commissioner Johnson concurring in part :tieselskabet “Ocean . to competing non-wireline carriers at and dissenting in part; Commissioners Reid 02253— costs identical to those they use in com- and Wiley concurring in the result.

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 NOTICES 5201

Certificate Certificate Certificate Ho. Owner/Operator and Vessels No. Owner/Operator and Vessels No. Owner/Operator and Vessels 02258__Brussgaard Kiosteruds Skibsaks- 03841___ American Export Isbrandtsen 07265___ Kitanihon Gyogyo K.K. : jeselskap : Lines, Inc.: Yushomaru No. 2. Hermion. Constitution. 02292__Pacific Marine Transport Co., Ltd.: Independence: By the Commission. Hongkong Crusade. Exbrook. Francis C. Hurney, 02303__Interessentskapet Seahorse:, Exchester. Seahorse. Executor. Secretary. 02332__ Lykes Bros. S/S Co., Inc. : Exford. [FR Doc.73-3551 Filed 2-23-73:8:45 am] Norman Lykes. Export Adventurer. Lipscomb Lykes. Export Agent. Doctor Lykes. Export Aide. CERTIFICATES OF FINANCIAL 02341__Koninklijke Nederlandsche Stoom- Export Ambassador. RESPONSIBILITY Steamship CV Staghound. Co., Ltd.: as amended, and, accordingly, have been CV Sea Witch. issued Federal Maritime Commission City of St. Albans. 03901 Lodestone Shipping Corp., Mon­ City of Dundee. rovia: Certificates of Financial Responsibility 02603__Empresa Hondurena de Vapores, Lodestone. (Oil Pollution) pursuant to Part 542 of S.A.: 03958 Liberian Oriental Transports Inc.: Title 46 CFR. Olancho. World Oriental. Orica. 03968___ Zim-Israel Nav. Co. Ltd.: Certificate 02718__ Almajor Shipping Co. Ltd.: Deganya. No. Owner/Operator and Vessels Georgios Matsas. 04020 _ Skips A/S Agnes (Einar Saanum): 01092— Thor Dahls Hvalfangerselskap 02877__ Nippon Yusen Kabushiki Kaisha: Ronabay. A/S: Wakakusa Maru. 04021 _ Koppers Co., Inc.: Thorsholm. 03059___ Ionic Sociedad Anonyme: CKC—43. 01145— 1 Det Bergenske Dampskibsselskab: Aeolia. 04040__ Halfdan Ditlev-Simonsen & Co.: Team Vesta. 03174— Themis tóeles Maritime Co. Ltd.: Visund. 01172— H. Clarkson & Co., Ltd.: Themis tóeles. Velma. Silver Bridge. 03249__ Rederiet for M S. “ Polar Diamant” : 04080, _ _ Port Arthur Towing Co.: 01278— Leonhardt & Blumberg: Polar Diamant. GW 100. Albis. 03301__ Prudential-Grace Lines, Inc.: 04087___ Merichem C o.: 01305— Royal Mail Lines Ltd.: Santa Alicia. NMS—1400. Orbita. Santa Monica. 04113___ Mon River Towing, Inc.: 01306— Shaw Savill & Albion Co., Ltd.: 03322-,. Daiichi Chuo Kisen Kabushiki MRBL-12. Britis. Kaisha: GBL 2 (IOT2). Mayfield. Semantan Maru. 04119___ CIA Naviera La Molinera S.A.: 01428— The Ocean Steam Ship Co., Ltd.: Rocky Maru. La Molinera. Achilles. 03328—, Mid-Ohio Towing Inc.: 04250 _ Westminster Corp.: 01465— Scottish Ship Management Ltd.: Alton Zephyr. Preveza. Cape Grenville. 03397.. Mr. . Hilmar Reksten: 04251 _ AGACorp.: 01641— The Bank Line Ltd.: Corabank. Lucian. Athenoula. 01805— _ Suisse Atlantique Societe d’Arme- Vespasian. 04252— Rendondo Shipping Co., Inc.: ment Maritime S.A.: Julian. Keharitomeni, Londrina. 03447.. K.K. . Kyokuyo: 04357— Koninklijke Nedlloyd N.V.; 01905— The Ben Line Steamers Ltd.: Eemstroom. Kyoshin Maru No. 52. Benhiant. Kyokko Maru. 04648— Universal Bulk Carriers L td.: Benledi. Lankus. 03458.. Matsuoka . Kisen Kabushiki Kai­ Benavon. sha:. 04788___ Traverse Shipping, Inc.: 01930___ Aktieselskabet Dampskibsselska- Theomitor. Harriet Maru. bet Svendborg: 03474.. . 0 4 8 0 1 _Three R. Towing Co., Inc.: Helene Maersk. Nippon Suisan K K .: TC—5. Ehiko Maru. 01933— Dampskibsselskabet AF 1912 Ak- 04963— N. V. Zuid-Hollandsa Scheepvaart tieselskab: Kiso Maru. Maatschapplj: Shirane Maru. Hulda Maersk. Spitsbergen. 01935— Partnership Between Steamship Suzuka Maru. 05059— Oriental Central American Lines, Zao Maru. Co., Svendborg Ltd. Steam­ 03484. Inc.: ship Company of 1912 Ltd: Sanko Kisen K.K.: Oriental Fantasia. Wako Maru. Romo Maersk. 03600. 05222— Thalis Shipping Corp.: 02163— Rederiet “Ocean” A/S, Copen­ Bahamas Une, S.A.: Tidaholm. Lincoln Express. hagen: 03742. 05735___ Solstad Rederi A /S Skips A /S Bauer Dredging Co., Inc.: Erika Dan. Solhav & Co. Skips A /S Soltun 02332— Lykes Bros. S/S Co. Inc.: BDCO No. 28. & Co.: Dave Blackburn. LY—135. Scandia Falcon. LY—136. Russell B. Long. 05793— Zoya Compania Naviera S.A.: J. J. Mansfield. LY—137. Zoya. LY—138. ST-5. 06269— Paul & Helen Suchko/S & P Tow­ BDCO No. 32. LY—139. ing In c.: LY—140. C.S.E. Holland. SP 241. Barge 617. LY—141. 06583----- M.I.L. Tug & Salvage Ltd.: LY—142. BDCO No. 98. Foundation Vigilant. Bill Bauer. LY—143. 06604— Maritima Balboa, S.A.: LY—144. BDCO No. 52. Acuario. BDCO No. 85. LY—903. John H. Shary. 06758— Avion Shipping Co. Ltd.: 02344— Empresa Lineas Maritimas Argen- 03817. Aegis Myth. tinas: ueva SevUla Compañía Naviera ».A.: 07065— Sea Tankers, In c.: Rio Abaucan. Alpha Reserve. 02367— Princess Anne-Marie. Canadian Pacific (Bermuda) Ltd.: Gamma Reserve. G. A. Walker.

No. 37—pt. j;___ g FEDERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 5202 NOTICES

Certificate Certificate Certificate No. Owner/Operator and Vessels No. Owner/ Operator and Vessels No. Owner/Operator and Vessels 02384___ Kristiansands Tankrederi A/S, 05579— Black Sea Shipping Co. : , 06995— Druzhba. A/S Kristiansands Tankrederi Ivan Korobcov. Mir. II, Aksjeselskapet Avant and Kapitan Kadeckiy. LenkoranJ. Aksjeselskapet Skjoldheim: Kapitan Chirkov. Lebedin. Polyviking. 05624— P.N. Pertambangan Minjak Dan Leninakan. 02585___ K och Refining C o.: Gas Burn! Nasional (Perta- Lutsk. AOR-35. mina) : Ljudinovo. UM—90. Permina Samudra XII. Ljublino. 02903__ _ George Gibson & Co., Ltd.; Sally One. Lenino. , Abbotsford. 05743— Reederei Barthold Richters: Livny. 02911___ Sig. Bergesen D.Y. & Co.: Lloyd Estocolmo. Lisichansk. Bergeland. 05974— Slobodna Plovidbau Ljubotin. 02961--. Kobe Kisen Kabushiki Kaisha; Murter. Lugansk. Haiti Maru. 06130— Northern Shipping Co.: Lozovaya. 03139— Offshore Marine Ltd.: Maymaksa. Liski. Shetland Shore. Isakogorka. Leninabad. Orkney Shore. Bakaritsa. Lubny. 03214___ Salenrederierna Aktiebolag: Zolotitsa. Ljubertsy. Snow drift. 06248— Commercial Corp., “Sovrybflot” : Lukhovitsy. 03294__ Companhia De Navegacao Lloyd Ekliptika. Giuseppe Garibaldi. Brasileiro: 06305___ E. T. Barber doing business as Budapest. Itapura. Neches Shell Co., Inc.: Bukharest. Atagiba. Chemical 801. Warshawa. 03322___ Daiichi Chuo Kisen Kabushiki 06359---- Malaysian International Shipping Pekin. Kaisha: Corp. Berhad: Praha. Bristol Maru. Bunga Angsana. Phenjan. 03415___ Chiyoda Kisen K. K.: 06399___ Tokumaru Kaiun K. K. : Ulan-Bator. Sagami Maru. Daitoku Maru No. 15. Trud. Wakakusa Maru. Daitoku Maru No. 17. , 07039___ Rothschild Washington Stevedor­ 03432— Hinode Kisen Co., Ltd.: Daitoku Maru No. 3. ing Co.: Sagami Maru. Daitoku Maru No. 5. Big Red. 03453— Kyoei Tanker Kabushiki Kaisha: 06429— Ta Cheng Marine Co., Ltd. : 07065— Sea Tankers, Inc.: Tosa Maru. Fu Jen. Overseas Rose. Sankyo Kaiun Kabushiki Kaisha: Over seas' Evelyn. 03483— 06496___ Whaling City Dredge & Dock Kyokyu Maru. Corp.: 07145— Dai-Ho Industrial Co., Ltd.: 03501— Osaka Shosen Mitsui Senpaku K. Steel RR Carfloat No. 5649. Sun Light No. 20. K.: " Steel RR Carfloat No. 5851. 07151— Sea Containers Chartering, Ltd,: Arafura Maru. Steel RR Carfloat No. 635. Bergen Juno. 03519— Toko Shosen K. K .: Steel RR Carfloat No. 636. 07176— Great Fortune Navigation Co. S.A., Caucasus Maru. Steel RR Carfloat No. 637. Hong Kong: 03566__ Skibsaktieselskapet Aino, Skibsak- Steel Barge Hughes 137. _ Great Welfare. sjeselskapet viator, and Skib- Steel Barge No. “ 0.” Great Success. saksjeselskapet Viva: Federal Steam Navigation Co., Great Glory. 06498— Great Peace. Ancora. Ltd.: 03714— Pennzoil Co.: Wild Cormorant. - Great Power. DUVAL 1. 07230— Hassei Trading Corp.: DUVAL 2. 06583___ Eastern Canada Towing, Ltd.: Seaborne. DUVAL 3. Foundation Vigilant. 07265— Dohoku Suisan Kabushiki Kaisna: 03841— American Export Lines, In c.: Foundation Valiant. Choyomaru No. 81. Export Leader. 06616___ Oswego Shipping Corp.: 07278— Compania Trafico Naviero Sud- 03918— Mobil Shipping & Transportation “Oswego Harmony.” continental S.A. Panama: Co.: “Oswego Patriot.” Troms. Mobil Explorer “Oswego Courage.” 07325___ The Maersk Co., Ltd.: 04007— • Egon Oldendorff: 06775___ Whitco (Marine Services) Ltd.: Maersk Captain. GretkejOldendorff. Newcastle Clipper. 07366— Compagnie Maritime Des Charg * 04021— Koppers Co., Inc.: Teesside Clipper. urs Reunis: J.I.W. 103. Chrysanthema. Medelena. Inversiones y Finanzas Barberena 04149— Seattle Stevedore Co.: 06925— Bibby Bulk Carriers, Ltd.: 07432— Twin Harbor No. 2. English Bridge. S.A.: 04251 — AGA Corp. Australian Bridge. Fucsia. . Eleoussa. 07536— Cycladian Maritime Co. of Pana 06995— Novorossiisk Shipping Co.: 04252 ______Rendondo Shipping Co., In c.: Leonardo Da Vinci. S.A.: Grigoroussa. Cycladian. Fedor Poletaev. Erato Shipping, Inc.: S.A. Pesquera Industrial Gallega: 07550— 04573___ Giordano Bruno. Regent Azalea. Nuevo Mundo. Gallileo Galliley. Regent Violet. Guiseppe Verdi. 04617___ Inland Waterways, Inc. Begonia. Susan B. Rafael. Regent Cosmos. Gheorghe Gheorghiu Dezj. 04629___ Smit International (Antilles) Universal Lily. N.V.: Drezden. Regent Fleur. , Belgrad. Smit Enterprise. 07561— Gulf Atlantic Transport Corp.. Havana. Gatco 105. T ijn * 04793— Snam S.p.A.: Borodino. Agip Sicilia. 07588— Planta Colombiana de Soda m Sofia. Planta de Mamonal. 05036— Companhia Nacional De Navega­ Bratislava. 07590___ Vital! Naviera S.A.: cao: Gdynia. Amarante. Theopaes. . „. Varna. Partenreederei M/T. “Frisia . Arne Presthus Rederi A/S. 07599___ 05147— Gdansk. Frisia. Anna Presthus. Maurice Thorez. Anglomar B ulk Carriers Ltd.. Far-Eastern Shipping Co. : Otto Grqtevol. 07603— 05577— Hampton Lion. Adimiles. Rikhard Zorge. Barnaul. Julio Antonio Mella. 07610— Power Trust Co.: Bodaibo. Burgas. Erika Hendrik Fisser. , Komsomolets Ussuriyska. Komsomolets Kubani. 07616— I.A1.I. Industria Alimentari Komsomolets Spasska. Pyatidesyati-Ljetie Oktyabrya. S.P.A.:' 05578— Baltic Shipping Co.: Komsomolets Leningrado. Airone. Wamemunde. Mekhanik Afanasiev. Pellicano.

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 NOTICES 5203

Certificate Act (18 CFR 154.109(c)), so as to au­ Petitioner requests permission and ap­ Ho. Owner/Operator and Vessels thorize Petitioner to charge a base rate proval to abandon sales of residue gas to 91617— Yugen Kaisha Yasuchiyo Kaiun: in excess of the Other Oklahoma area Cities if, and only if, the Commission Taiho-Maru. ceiling rate for a sale of residue gas to fails, prior to July 1, 1973, to permit 07629— Alkmeon Naviera S.A.: Theokeetor. Cities Service Gas Co. (Cities) from the Petitioner to collect the proposed in­ Strimon Naviera S.A.: Witcher Processing Plant, Oklahoma creased rate of 35 cents per Mcf, without Theoforos. County, Okla.; or, in the alternative, refund obligation, for such sales. 07631— Meridionalpesca S.P.A.: Petitioner requests in an application filed Any person desiring to be heard or to De Giosa T. in Docket No. CI73-530 permission and Mohawk Shipping Corp., In c.: make any protest with reference to said 07632__ approval to abandon said sales of gas to application and petition should on or be­ Star Castor. Cities pursuant to section 7(b) of the [07635__ Helmos Shipping, Inc.: fore March 12,1973, file with the Federal Courier. Natural Gas Act, all as more fully set Power Commission, Washington, D.C. [07639__Avenir Navigation Co., Ltd. (of forth in the petition and application 20426, a petition to intervene or a protest Cyprus): which are on file with the Commission in accordance with the requirements of Avenir. and open to public inspection. the Commission’s rules of practice and ¡07641__ Jade Bay Shipping Co., Ltd.: Petitioner presently sells to Cities 78 procedure (18 CFR 1.8 or 1.10). All pro­ Jade Bay. percent of the residue gas available for tests filed with the Commission will be 07642__ Armadores Marisurf, Ltd.: sale that is processed at Petitioner’s Maribruna. considered by it in determining the ap­ 07644.. . Viceroy Shipping Ltd.: Witcher Processing Plant in accordance propriate action to be taken but will not Buena Esperanza. with an agreement with Cities dated serve to make the protestants parties to ¡07646__ Panoceanic Freight Transport, March 21, 1949, as amended. Petitioner the proceeding. Any person "wishing to Ltd.: sells said gas at 19.4 cents per Mcf at become a party to a proceeding or to par­ Anna. 14.65 p.s.i.a., plus B.t.u. adjustment, the ticipate as a party in any hearing therein 07647.. . Athenian Shipping Corp.: applicable area rate. It Is stated that the Fatris. must file a petition to intervene in ac­ remaining 22 percent of such residue gas cordance with the Commission’s rules. 07652. Emblema Hidalgo Navigation S.A. heretofore has been sold in intrastate of Panama: Take further notice that, pursuant to commerce to Oklahoma, Natural Gas Co. Kavo Vrettanos. the authority contained in and subject 0 7 6 5 3 ... Metropolitan Tankers, Ltd.: Petitioner states that on January 12, to the jurisdiction conferred upon the Marianna. 1973, it amended the March 21, 1949, 07656.. . Beliva Compania Naviera S /A .: Federal Power Commission by sections 7 agreement to provide, inter alia, for the and 15 of the Natural Gas Act and the Sovereign Ruby. sale of the aforementioned residue gas 07657__ Regent Daisy Shipping Co., S.A.: Commission’s rules of practice and pro­ The Laurel. at 35 cents per Mcf, effective January 1, cedure, a hearing will be held without ! 07658... Regent Tulip Shipping Co., S.A.: 1973. Petitioner requests waiver of further notice before the Commission on Juniper. § 154.109(c) which limits Petitioner to a the application for permission and ap­ 0 7 6 6 1 ... Partrederiet for MS Montmorency: 19.4-cent rate for the subject gas, and proval to abandon sales filed in Docket Montmorency. requests authorization to charge a basic No. CI73-530 if no petition to intervene 07662 Tankreederei______de Vries & Co. K. G.: rate of 35 cents. Thor Asgard. is filed within the time required herein, 07663 Molave______Bulk Carriers, Inc.: Petitioner states that in return for if the Commission on its own review of Dona Corazon II. new pricing provisions contained in the the matter finds that permission and Marine Leasing Corp.: January 13, 1973, amendment, it agrees approval for the proposed abandonment MPE-107. to sell aijd deliver to Cities the total vol­ 07673 ______are required by the public convenience Doncaster Shipping Co., Ltd.: ; ume of residue gas flowing from the and necessity. If a petition for leave to Sophie. Witcher Plant. It is stated that such an 07674 Sea______Traders Co., Ltd.: intervene is timely filed, or if the Com­ Elena. increased sale will assure approximately mission on its own motion believes that 07675 Harmony______Transport Corp., Inc.: 1,500 Mcf of additional gas per day for a formal hearing is required, further Unique Harriet. the interstate market. notice of such hearing will be duly given. Ì07678__ Tasmanian Transportation, Inc.: Petitioner further states that the gas Under the procedure herein provided Gohyo. ¡07680__ it sells to Cities is derived primarily from for, unless otherwise advised, it will be Tradewind Shipping Co., S.A.: volumes of casinghead gas that Peti­ Authentic. unnecessary for Applicant to appear or 07682__ Sembawang Shipping Co., Ltd.: tioner purchases under 30 contracts with be represented at the hearing. various producers at an average price of fWfiQR Silver Land, K enneth F . P lu m b, j ,DB&— Tanker Enterprises, In c.: 11 cents per Mcf. Petitioner states that Stolt Pasadena. all but three of the contracts between Secretary. By the Commission. Petitioner and these producers are on a [FR Doc.73-3589 Filed 2-23-73; 8 :45 am] year-to-year basis and that several of Francis C. Hurney, the producers have expressed their in­ [Docket No. G-6341] Secretary. tention to terminate their contracts with ^ Doc-73-3552 Filed 2-23-73; 8:45 am ] Petitioner unless Petitioner pays an in­ CONTINENTAL OIL CO. creased rate for the casinghead gas. Peti­ Notice of Application power commission tioner states that based upon the present FEDERAL rate of 19.4 cents per M cf of gas, plus F ebruary 16, 1973. [Docket No. CI73-530] B.t.u. adjustments, Petitioner is unable Take notice that on January 30, 1973, I CHAmPLIN PETROLEUM CO. ET AL. economically to pay higher rates for cas­ Continental Oil Co. (Applicant), Post inghead gas or even bid competitively for Office Box 2197, Houston, T X 77001, filed Application and Petition for Waiver of new and uncommitted supplies of gas in in Docket No. G-6341 an application pur­ Regulations this area. suant to section 7(b) of the Natural Gas rp , February 15,1973. Petitioner also states that since 1957 Act for permission and approval to there has been a 70 percent decline in the abandon the sale of natural gas to War­ champii10p ^ vti at on February 5, 1973, ren Petroleum Corp. (Warren) and al, (petiH™etr?leum Co' Operator), et volumes of gas produced in the field and delivered to the Witcher Plant due to the Skelly Oil Co. (Skelly) for resale in in­ Port Worth ^i-’ - ° st ° fflce Box 9365» depletion of reservoirs, decreasing well terstate commerce and pursuant to sec­ Action 4 76107, filed pursuant to tion 7(c) of the Natural Gas Act for an § 1.7(b) nf \vh ei* atural Gas Act and pressures, and the need to rework or recondition wells, and that the producers amendment of the order issuing a cer­ Practice and 6 Commission’s roles of have not been willing to undertake meas­ tificate of public convenience and neces­ Waiver * 1 **rocedure> a petition for ures necessary to sustain the deliveries sity in the instant docket by authorizing because of Petitioner’s inability to offer the sale of additional gas to El Paso 5ion’s regulationreguiations*109 under (C) °fthe the Natural Commis- Gas the producers a higher wellhead price. Natural Gas Co. (El Paso) pursuant to

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 5204 NOTICES

Applicant’s FPC Gas Rate Schedule No. [Docket No. CP73-205] Distrigas Corp. (Distrigas), has filed 85, all as more fully set forth in the ap­ DISTRIGAS OF NEW YORK CORP. an application in Docket No. CP73-78 for authority to import LNG from Algeria to plication which is on file with the Com­ Notice of Application mission and open to public inspection. the deepwater terminals located at Applicant states that as the result of February 15, 1973. Everett, Mass., and at Staten Island, reclassification of certain wells in Lea Take notice that on February 1, 1973, N.Y., owned by Distrigas’ affiliates, Dis­ County, N. Mex., from oil wells to gas Distrigas of New York Corp. (Applicant), trigas of Massachusetts Corp. and Ap­ wells by the New Mexico Conservation 125 High Street, Boston, MA 02110, filed plicant. It is stated that Applicant’s LNG Commission, Applicant proposes to in Docket No. CP73-205 an application terminal at Staten Island, N.Y., is now abandon percentage sales of casinghead pursuant to section 7(c) of the Natural under construction. gas from said wells to Warren and Skelly Gas Act for a certificate of public con­ Applicant states that it will buy from and to sell gas'well gas from said wells to venience and necessity authorizing the Distrigas approximately 58,000,000 Mcf El Paso. Applicant states that Warren transportation and sale for resale in in­ vaporous gas equivalent of LNG at 1,000 and Skelly sold residue gas from casing­ terstate commerce of liquefied natural B.t.u. per cubic foot, and Applicant pro­ head gas to El Paso and that Applicant gas (LNG) to certain gas distribution poses to sell approximately 13,000,000 proposes to sell gas to El Paso under its M cf vaporous gas equivalent of such LNG companies in the State of New Jersey, all to Public Service Electric & Gas Co., New FPC Gas Rate Schedule No. 85 at the as more fully set forth in the application rate of 17.9022813 cents per M cf at 15.025 Jersey Natural Gas Co., and South Jer­ which is on file with the Commission and psia. Applicant states further that the sey Gas Co., between November 15,1973 requested abandonment and certificate open to public inspection. and June 30,1975, allocated as follows: authorizations are required because the percentage contracts for the sales to (Volumes of LN G in thousands Mcf equivalent) Customer Kate schedule ------— Warren and Skelly pertain only to the Winter Summer Winter Summer sale of casinghead gas and the contract 1973-4 1974 1974-5 comprising Applicant’s FPC Gas Rate Schedule No. 85 pertains only to the sale Public Service Electric and Gas Co. ST-1. 4.000 1,000 4,000 X - 1 - . 1.000 ...... JS...... of gas well gas. New Jersey Natural Gas Co______ST-1. 420 ...... 620 Any person desiring to be heard or to South Jersey Gas Co__...------ST-1. 900 „ ...... - 1,103 make any protest with reference to said application should on or before March 12, Applicant states that the rates charged herein, if the Commission on its own re­ 1973, file with the Federal Power Com­ under Rate Schedule ST-1 will be $1.014 view of the matter finds that a grant of mission, Washington, D.C. 20426, a peti­ per million B.t.u. of LNG delivered in the the certificate is required by the public tion to intervene or a protest in accord­ summer months and $1.614 per million convenience and necessity. If a petition ance with the requirements of the B.t.u. for LNG delivered in the winter for leave to intervene is timely filed, or Commission’s rules of practice and pro­ months, and under Rate Schedule X -l, if the Commission on its own motion be­ cedure (18 CFR 1.8 or 1.10). All protests $2.07 per million B.t.u. of LNG. lieves that a formal hearing is required, filed with the Commission will be con­ It is stated that the sale of LNG pro­ further notice of such hearing will be sidered by it in determining the appro­ posed herein will significantly contribute duly given. priate action to be taken but will not toward meeting the pressing require­ Under the procedure herein provided serve to make the protestants parties to ments of Public Service Electric & Gas for, unless otherwise advised, it will be the proceeding. Any person wishing to Co., New Jersey Natural Gas Co., and unnecessary for Applicant to appear or become a party to a proceeding or to par­ South Jersey Gas Co. for supplemental be represented at the hearing. ticipate as a party in any hearing therein gas supplies. must file a petition to intervene in ac­ Kenneth F. Plumb, Any person desiring to be heard or Secretary. cordance with the Commission’s rules. to make any protest with reference to Take further notice that, pursuant said application should on or before [FR Doc.73-3588 Filed 2-23-73;8:45 am] to the authority contained in and sub­ March 12, 1973, file with the Federal ject to the jurisdiction conferred upon Power Commission, Washington, D.C. [Project 2336] the Federal Power Commission by sec­ 20426, a petition to intervene or a protest tions 7 and 15 of the Natural Gas Act in accordance with the requirements of GEORGIA POWER CO. and the Commission’s rules of practice the Commission’s rules of practice and Application forGrantof Easement and procedure, a hearing will be held procedure (18 CFR 1.8 or 1.10) and the F ebruary 15,1973. without further notice before the Com­ regulations under the Natural Gas Act mission on this application if no petition (18 CFR 157.10). All protests filed with Public notice is hereby given that ap* to intervene is filed within the time re­ the Commission will be considered by it lication for approval of an ea®em,Vl. quired herein, if the Commission on its in determining the appropriate action to ras filed December 11, 1972, under, own review of the matter finds that a be taken but will not serve to make the 'ederal Power Act (16 U.S.C. 791a-8 grant of the certificate amendment and protestants parties to the proceeding. y the Georgia Power Co. (correspond permission and approval for the pro­ Any person wishing to become a party nee to: Mr. I. S. Mitchell III, vice pre posed abandonment are required by the to a proceeding or to participate as a lent and secretary, Post Office Box » » public convenience and necessity. If a party in any hearing therein must file a itlanta, GA 30302), for project No. " ’ petition for leave to intervene is timely petition to intervene in accordance with nown as the Lloyd Shoals p roje> filed, or if the Commission on its own the Commission’s rules. ated on the Alcovy River, in Jasper motion believes that a formal hearing is Take further notice that, pursuant to fewton Counties, Ga. h required, further notice of such hearing the authority contained in and subject Georgia Power Co., licensee .frT . will be duly given. to the jurisdiction conferred upon the iloyd Shoals project No. 2336,1S . an Under the procedure herein provided Federal Power Commission by sections 7 :ommission authorization to ^an for, unless otherwise advised, it will be and 15 of the Natural Gas Act and the asement to Southern BeU Tei p ^ unnecessary for Applicant to appear or Commission’s rules of practice and pro­ ; Telegraph Co., for the be represented at the hearing. cedure, a hearing will be held without , submarine telephone cable ac ottom of the project reservoi Kenneth F . Plumb, further notice before the Commission on Secretary. this application if no petition to inter­ on Lake) at the location of ^ [FR Doc.73-3586 Filed 2-23-73;8:45 am] vene is filed within the time required Iridge (Georgia Highway No.

FEDERAL REGISTER, VOL. 38, NO. 37— M O NDAY, FEBRUARY 26, 1973 NOTICES 5205 cable will provide additional telephone [Docket No. E-8009] formation concerning these meetings facilities to customers in the Waters WASHINGTON WATER POWER CO. may be obtained by contacting the Chair­ Bridge area on the southern shore of the man, Federal Prevailing Rate Advisory Alcovy River. Terms of the proposed Filing of Supplemental Agreement Committee, Room 5451, 1900 E Street easement require that installation, use February 16, 1973. NW., Washington, DC. and maintenance of the cable will not Take notice that Washington Water David T. R oadley, endanger health, create a nuisance or Power Co. on January 9, 1973, tendered Chairman, Federal Prevailing otherwise be incompatible with the rec­ for filing a supplemental agreement No. Rate Advisory Committee. reational use of project lands and that 3 to FPC Rate Schedule No. 40.22. The February 21, 1973. following installation of the cable, the contract provides for service to Public land surface will be restored in such Utility District No. 2 of Grant County, [FB Doc.73-3548 Filed 2-23-73;8:45 am] manner as to prevent erosion and insure Wash., and the U.S. Bureau of Reclama­ that the environmental qualities, includ­ tion at Warden. FEDERAL RESERVE SYSTEM ing scenic value, of the project are not The Company states that the agree­ adversely affected. ment involves no change in rate, but was BARCLAYS BANK LTD. AND BARCLAYS Any person desiring to be heard or to executed solely to revise the transfer BANK INTERNATIONAL LTD. make protest with reference to said ap­ limit to reasonably reflect load require­ Acquisition of Bank plication should on or before March 26, ments. The demand limit is increased to 1973, file with the Federal Power Com­ Barclays Bank Ltd., and Barclays Bank 14,000 kilowatts. International Ltd., both of London, Eng­ mission, Washington, D.C. 20426, peti­ Any person desiring to be heard or to tions to intervene or protests in accord­ land, have applied for the Board’s ap­ protest said filing should file a petition proval under section 3(a) (3) of the Bank ance with the requirements of the to intervene or protest with the Federal Commission’s rules of practice and pro­ Holding Company Act (12 U.S.C. 1842(a) Power Commission, 441 G Street NW, (3)) to acquire 100 percent of the voting cedure (18 CFR 1.8 or 1.10). All protests Washington, DC 20426, in accordance filed with the Commission will be con­ shares (less directors’ qualifying shares) with §§ 1.8 and 1.10 of the Commission’s of Long Island Trust Co., Garden City, sidered by it in determining the appro­ rules of practice and procedure (18 CFR priate action to be taken but will not N.Y. The factors that are considered in 1.8, 1.10). All such petitions or protests acting on the application are set forth in serve to make the protestants parties to should be filed on or before March 2, a proceeding. Persons wishing to become section 3(c) of the act (12 U.S.C. 1842 1973. Protests will be considered by the (c ) ). parties to a proceeding or to participate Commisison in determining the appro­ as a party in any hearing therein must priate action to be taken, but will not The application may be inspected at file petitions to intervene in accordance serve to make protestants parties to the the office of the Board of Governors or with the Commission’s rules. The appli­ proceeding. Any person wishing to be­ at the Federal Reserve Bank of New cation is on file with the Commission and come a party must file a petition to in­ York. Any person wishing to comment is available for public inspection. tervene. Copies of this filing are on file on the application should submit his views in writing to the Secretary, Board K enneth F. Plumb, with the Commission and are available of Governors of the Federal Reserve Sys­ Secretary. for public inspection. tem, Washington, D.C. 20551, to be re­ [PRDoc.73-3587 Filed 2-23-73;8:45 am] K enneth F. Plumb, ceived not later than March 19, 1973. •: Secretary. Board of Governors of the Federal Re­ [Docket No. E—7740] [FR Doc.73-3584 Filed 2-23-73;8:45 am] serve System, February 16, 1973. i INDIANA AND MICHIGAN ELECTRIC CO. [seal] Michael A. Greenspan, FEDERAL PREVAILING RATE Application for Issuance of Subpoena Assistant Secretary of the Board. ADVISORY COMMITTEE Duces Tecum and Production of Docu­ [FR Doc.73-3515 Filed 2-2-73;8:45 am] mentary Evidence PAY SYSTEMS FOR FEDERAL EMPLOYEES F ebruary 16,1973. Notice of Meetings BANK OF VIRGINIA CO. l3

FEDERAL REGISTER, VOL. 38, NO. 37— M O NDAY, FEBRUARY 26, T 973 I 5206 NOTICES and of other insurance serving to pro­ Y as permissible for bank holding com­ stantially further, those of other indus­ tect collateral supporting extensions of panies, subject to Board approval of in­ trial countries have changed little. In credit made by the proposed subsidiary. dividual proposals in accordance with September the excess of U.S. merchan­ SUch activities have been specified by the procedures of § 225.4(b). The pro­ dise imports over exports remained large. the Board in § 225.4(a) of Regulation Y posed activities will not include the com­ In October rates of growth in the as permissible for bank holding com­ mercial lending and equipment leasing monetary aggregates changed relatively panies, subject to Board approval of in­ activities of Thrift Credit Corp., as that little from preceding months, with ex­ dividual proposals in accordance with the subsidiary will be disposed of prior to pansion in the narrowly defined money procedures of § 225.4(b). the acquisition of Public Loan. stock again quite moderate. Since mid- Interested persons may express their Interested persons may express their October interest rates generally have views on the question whether consum­ views on the question whether consum­ declined. mation of the proposal can “reasonably mation of the proposal can “reasonably In light of the foregoing developments, be expected to produce benefits to the be expected to produce benefits to the it is the policy of the Federal Open Mar­ public, such as greater convenience, in­ public, such as greater convenience, in­ ket Committee to foster financial condi­ creased competition, or gains in ef­ creased competition, or gains in effi­ tions conducive to sustainable real eco­ ficiency, that outweigh possible adverse ciency, that outweigh possible adverse nomic growth and increased employment, effects, such as undue concentration of effects, such as undue concentration of abatement of inflationary pressures, and resources, decreased or unfair competi­ resources, decreased or unfair competi­ attainment of reasonable equilibrium in tion, conflicts of interests, or unsound tion, conflicts of interests, or unsound the country’s balance of payments. practices.” Any request for a hearing on banking practices.” Any request for a To implement this policy, while taking this question should be accompanied by hearing on this question should be ac­ account of the effects of recent bank reg­ a statement summarizing the evidence companied by a statement summarizing ulatory changes, the committee seeks to the person requesting the hearing pro­ the evidence the person requesting the achieve bank reserve and money market poses to submit or to elicit at the hear­ hearing proposes to submit or to elicit conditions that will support more mod­ ing and a statement of the reasons why at the hearing and a statement of the erate growth in monetary aggregates this matter should not be resolved with­ reasons why this matter should not be over the months ahead than recorded in out a hearing. resolved without a hearing. the third quarter. The application may be inspected at The application may be inspected at By order of the Federal Open Market the offices of the Board of Governors the offices of the Board of Governors or Committee, February 15, 1973. or at the Federal Reserve Bank of at the Federal Reserve Bank of New Richmond. York. A rthur L. Broida, Deputy Secretary. Any views or requests for hearing Any views or requests for hearing should be submitted in writing and re­ should be submitted in writing and re­ [FR Doc.73-3534 Filed 2-23-73;8:45 am] ceived by the Secretary, Board of Gov­ ceived by the Secretary, Board of Gov­ ernors of the Federal Reserve System, ernors of the Federal Reserve System, FEDERAL OPEN MARKET COMMITTEE Washington, D.C. 20551, not later Washington, D.C. 20551, not later than than March 15, 1973. March 15, 1973. Current Economic Policy Directive Board of Governors of the Federal Re­ Board of Governors of the Federal Re­ In accordance with § 271.5 of its rules serve System, February 16, 1973. serve System, February 16, 1973. regarding availability of information, there is set forth below the Committee’s [ seal] M ichael A . G reenspan, [seal] M ichael A. G reenspan, Current Economic Policy Directive issued Assistant Secretary of the Board. Assistant Secretary of the Board. at its meeting held on December 19, 1972. [FR Doc.73^3516 Filed 2-23-73;8:45 am] [FR Doc.73-3537 Filed 2-23-73;8:45 am] The information reviewed at this meet­ ing, including strong recent gains in in­ dustrial production, employment, and FEDERAL OPEN MARKET COMMITTEE BANKERS TRUST NEW YORK CORP. retail sales, suggests that real output oi Proposed Acquisition of Public Loan Co., Current Economic Policy Directive goods and services is growing more Inc. In accordance with § 271.5 of its rules rapidly in the current quarter than in tne third quarter. The unemployment rate Bankers Trust New York Corp., New regarding availability of information, York, N.Y., has applied, pursuant to sec­ there is set forth below the Committee’s has declined. Wage rates increased pw in November, following 2 months of large tion 4(c) (8) of the Bank Holding Com­ Current Economic Policy Directive issued at its meeting held on No­ increases. Consumer prices rose conside - pany Act (12 U.S.C. 1843(c)(8)) and ably again in October, and wholesale § 225.4(b) (2) of the Board’s Regulation vember 20-21, 1972.1 prices rose sharply in November, i Y, for permission to acquire all of the The information reviewed at this overall deficit in the U.S. balance of P y voting shares of Public Loan Co., Inc., meeting, including recent data for in­ ments has remained substantial in rec Binghamton, N.Y. Notice of the applica­ dustrial production, employment, and re­ months, but there has been a mode ^ tion was published in newspapers of gen­ tail sales, suggests that real output of reduction in the excess of U.S. mere eral circulation in each of the 62 com­ goods and services is growing more dise imports over exports since last sp munities in New York, Pennsylvania, rapidly in the current quarter than in and New Jersey in which the consumer the third quarter. However, the unem­ and summer. . ,h. finance, sales finance, and reinsurance ployment rate has remained substantial. In November rates of ^r?,wthTi^ined activities of Public Loan Co., are con­ The increase in wages has been larger monetary aggregates generally « a i ducted. in recent months than earlier this year. moderate, but expansion m the na Consumer prices rose considerably in defined money stock quickened ^ Applicant states that the proposed December. In recent weeks most _ subsidiary would engage in the activities September, but the October rise in whole­ interest rates have tended upw • of making consumer finance loans and sale prices was small. In recent weeks, sales finance loans including purchas­ the current account deficit of the U.S. In light of the fore&oiiig d|ederal ing retail installment contracts. Appli­ balance of payments has been offset in ments, it is the policy of the cant indicates that two of Public Loan’s large part by capital inflows; while the Open Market Committee to foster wholly owned subsidiaries. Empire Life reserves of Japan have increased sub- cial conditions conducive to sus Insurance Co., and Commonwealth Life » J.V.O Co®' Insurance Co., both located in Wilming­ 1 The Record of Policy Actions of the Com­ The Record of Policy Actions ^ ¡j ton, Del., engage in reinsuring credit life mittee for the meeting of Nov. 20-21, 1972, is tee for the meeting of Dec' ’* copi«8 and accident and health insurance cov­ filed as part of the original document. Copies i as part of the originainocume ^ GoV. erage for Public Loan Co.’s borrowers. are available on request to the Board of Gov­ available on request to the B . was1' Such activities have been specified by ernors of the Federal Reserve System, Wash­ ors of the Federal Reserve Sys the Board in § 225.4(a) of Regulation ington, D.C. 20551. bon, D.C. 20551.

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 NOTICES 5207 real economic growth and increased em­ of the named organizations. The State wide competitor of First Florida in the ployment, abatement of inflationary of Florida is not a banking market in any reasonably foreseeable future. Further­ pressures, and attainment of reasonable meaningful sense; it is a political entity more, with respect to any particular equilibrium in the country’s balance of which encompasses a large number of market, such as the Tampa market, the payments. banking markets some of which are Board does not believe that the record To implement this policy, while taking interrelated. establishes that such entry is more than account of Treasury financing opera­ All of First Florida’s present subsidiary a possibility. tions and possible credit market develop­ banks are located in the northern two- With respect to Dade County the ments, the committee seeks to achieve thirds of Florida, and it is represented Board believes that, absent this pro­ bank reserve and money market condi­ in several of the major banking markets posal, it is probable that First Florida tions that will support slower growth in in that portion of the State. It is domi­ would enter de novo or through the monetary aggregates over the months nant in none. Its shares of total deposits acquisition of one of the smaller banks ahead than appears indicated for the and the market size of the most signifi­ or banking groups in that market. How­ second half of this year. cant related areas are as follows: Jack­ ever, due to the structure of banking in sonville $1,467 million (6 percent); Lake­ Dade County we do not believe that the By order of the Federal Open Market land $521 million (9 percent); Melbourne foreclosure of First Florida’s entry as an Committee, February 15, 1973. $310 million (21 percent); Orlando $1,- independent competitor would have any A rthur L. B roida, 102 million (7 percent); and Tampa substantial adverse effects on competi­ Deputy Secretary. $2,772 million (7 percent). United, on the tion in that market. Banking in Dade other hand, is concentrated in southern County has been becoming more and [PR Doc.73-3535 Filed 2-23-73;8:45 am] Florida. Five of its subsidiaries are lo­ more competitive. While the largest cated in the Dade County banking mar­ banking organization in the market holds FIRST FLORIDA BANCORPORATION ket, where it is the third largest banking approximately 24 percent of market de­ organization holding approximately 9 posits, the next five banking organiza­ Order Approving Merger of Bank Holding tions hold market shares ranging from Companies percent of deposits, and its remaining subsidiary is located in the nearby West approximately 10 percent to approxi­ First Florida Bancorporation, Tampa, Palm Beach area. Since the closest sub­ mately 5 percent. In addition to these Fla. (First Florida), a bank holding com­ sidiary banks of the proponents are over six organizations, the second and fourth pany within the meaning of the Bank 50 miles apart and the remaining subsid­ largest banking organizations in the Holding Company Act, has applied for iaries are more than 100 miles apart, and State established a competitive presence the Board’s approval under section 3(a) considering the nature of the bank, con­ in the market during 1972. Further, Edge (5) of the Act (12 U.S.C. 1842(a) (5)) summation of the proposal could not Act subsidiaries of some of the Nation’s to merge with United Bancshares of eliminate any significant amount of largest banks compete aggressively in Florida, Inc., Miami Beach, Fla. (United), competition. Miami for international banking busi­ under the certificate of incorporation of The U.S. Department of Justice, in ness. First Florida and the title of United First commenting on this proposal, agreed While consummation of the present Florida Banks, Inc. that it would eliminate no significant proposal would eliminate First Florida as Notice of receipt of the application, existing competition. With respect to the another potential entrant, the retail affording an opportunity for interested effect of the proposal on potential com­ banking customers in Dade County are persons to submit comments and views, petition, the Department felt that con­ presently served by 46 banking organi­ has been given in accordance with sec­ summation of the proposal would elimi­ zations. Foreclosure of the possibility of tion 3(b) of the Act. The time for filing nate the possibility that First Florida a 47th could hardly have adverse effects comments and views has expired some 8 would enter the Dade County market on competition for retail business; As months ago. The nature and scope of the through the establishment of a de novo to the customer in need of wholesale and subject proposal, hereafter discussed, in­ bank or “foothold” bank already in the regional banking services, the proposal, cluding its likely direct and indirect ef­ market and the possibility of United en­ rather than being anticompetitive, fect on banking competition in Florida, tering the Tampa banking market should in fact be procompetitive by has necessitated an unusual amount of through the same means. It therefore creating a fifth institution in the Miami staff analysis and Board study with the felt that consummation of the proposal market with established relationships in hoted lengthy processing period. In this would have an adverse effect on poten­ Jacksonville, Tampa, Orlando, Mel­ Process, the Board has considered the tial competition with respect to Dade bourne and other Florida communities entire record, including the application County and Tampa. Furthermore, the and having in the aggregate resources all comments received in light of Department felt that the proposed of approximately $1 billion. me factors set forth in section 3 (c) of merger “could trigger a wave of consoli­ With respect to the question whether the Act (12 U.S.C. 1842(c)). dations among other large Florida bank the proposal will have a significantly 55s* Florida controls 28 banks with holding companies and would have a adverse effect on competition due to the ggregate deposits of $587.2 million rep- significantly adverse effect on the com­ fact that it “could trigger” similar con­ sentmg 3.4 percent of deposits of com- petitive structure of banking throughout solidations among large Florida holding lftw*» * banks in Florida, and is the sixth the State.” , companies, the Board believes that each f banking organization in the The Board recognizes that consumma­ application before it should be decided tf, , ,United controls six banks with tion of the proposal would foreclose the on the merits of that particular appli­ deposits of $384.3 million repre­ possibility that United would expand to cation. As we have previously stated, in o H percent of aggregate deposits become a statewide competitor of First each subsequent application must also h Z ? „ ate’ and is Florida’s 12th largest Florida. However, the Board believes receive the approval of the Board and thp organization. Consummation of that a substantial adverse effect on po­ will be analyzed on the basis of the com­ Finri^0sed merger would result in First tential competition occurs only where petitive structure of the market and State cop*ro1 °* 5.7 percent of total there is a probability rather than a possi­ other facts existing at the time of Board nw ,. deposits, and the resulting orga- bility that substantial competition would consideration (57 Federal Reserve Bul­ j. would become the State’s fifth develop between the banking organiza­ letin 348). g st banking organization. Of course tions involved in the absence of the pro­ . The financial conditions and man­ posal. Taking into account the time lag agerial resources of First Florida, United, other ?frcentages have no significance and their respective groups of banks are *nan indicating the relative size involved in attempting to establish com­ petitive effectiveness through a “foot­ generally satisfactory and their prospects hold” or de novo entry, we do not believe appear favorable. These considerations are consistent with approval of the ap­ reflect hmfi«ata are as of June 30> 1972* 1 that the record in this case reflects a quisition«! comP&ny formations and plications. The primary banking needs excepffta f K 7 ed through Dec. 31, 1 probability that, absent this proposal, of the areas served by both holding com­ aata for First Florida are to date. United would expand to become a state­ panies appear to be adequately met at

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 5208 NOTICES the present time. However, consumma­ Board’s approval under section 3(a)(3) Wasatch amended its registration state­ tion of the proposal would create an­ of the Bank Holding Company Act (12 ment in November 1972, claiming to be other regional organization with re­ U.S.C. 1842(a)(3)) to acquire 100 per­ a bank holding company with respect to sources more appropriate to meeting cent of the voting shares of the succes­ both CSB and Idaho Bank & Trust Co., inter-regional needs. At the same time, sor by merger to the Cheboygan Bank, Pocatello, Idaho (IB&T). the Board does not believe that there Cheboygan, Mich. The factors that are The time given for filing comments, would be any noticeable adverse effects considered in acting on the application views or requests for a hearing on this on the competitive structure of Florida are set forth in section 3(c) of the Act matter has expired. After examining the banking if there were 26 rather than 27 (12 U.S.C. 1842(c)). facts and views presented regarding the organizations with deposits of over $100 The application may be inspected at status of Wasatch under the Act, the million. Considerations relating to the the office of the Board of Governors or Board has concluded, for the reasons convenience and needs of the commu­ at the Federal Reserve Bank of Chicago. summarized below, that the proposed nities to be served lend some weight Any person wishing to comment on the review of “grandfather” privileges of toward approval. It is the Board’s judg­ application should submit his views in Wasatch is moot. ment that the proposed transaction is writing to the Secretary, Board of Gov­ On December 31, 1970, Wasatch owned in the public interest and should be ernors of the Federal Reserve System, 13.99 percent of the shares of CSB and approved. Washington, D.C. 20551, to be received 4.23 percent of the shares of IB&T. (Wa­ On the basis of the record, the appli­ not later than March 19, 1973. satch is the successor to Mutual Supply cation is approved for the reasons sum­ Co., by statutory merger consummated marized above.* The transaction shall Board of Governors of the Federal Re­ in 1971; for the purposes of the not be consummated (a) before March serve System, February 20, 1973. Board’s consideration of this matter, 19, 1973, or (b) later than May 16, 1973, [ seal] M ichael A. G reenspan, Wasatch and its predecessor were treated unless such period is extended for good Assistant Secretary of the Board. as the same company.) On the same cause by the Board, or by the Federal [FR Doc.73-3569 Filed 2-23-73:8:45 am] date, additional shares of each of the Reserve Bank of Atlanta pursuant to two banks were owned, controlled, or delegated authority. voted by officers, directors, and share­ By order of the Board of Governors,8 FIRST YORK BAN CORP. holders of Wasatch. On the basis of the effective February 16,1973. Formation of Bank Holding Company facts before the Board, it concluded that attribution of these share holdings of [seal] T ynan Smith, First York Ban Corp., York, Nebr., individuals to Wasatch was not war­ Secretary of the Board. has applied for the Board’s approval un­ ranted and that, on December 31,1970, [FR Doc.73-3568 Filed 2-23-73;8:45 am] der section 3(a) (1) of the Bank Holding Wasatch did not control the election of Company Act (12 U.S.C. 1842(a)(1)) to a majority of the directors of either bank. become a bank holding company through Accordingly, the Board concluded that FIRST INTERNATIONAL BANCSHARES, acquisition of 95.1 percent or more of the INC. Wasatch is not a “company covered in voting shares of The First National Bank 1970” within the meaning of section 2(b) Acquisition of Bank of York, York, Nebr. The factors that of the Act (12 U.S.C. 1841(b)). First International Bancshares, Inc., are considered in acting on the applica­ On April 17,1972, C o m m e r c ia l Security Dallas, Tex., has applied for the Board’s tion are set forth in section 3(c) of the Bancorporation (Bancorporation) re­ approval under section 3(a) (3) of the Act (12 U.S.C. 1842(c)). ceived Board approval, pursuant to dele­ Bank Holding Company Act (12 U.S.C. The application may be inspected at gated authority, to acquire substantially 1842(a) (3)) to acquire 100 percent of the the office of the Board of Governors or all the shares of the successor by merger voting shares (less directors’ qualifying at the Federal Reserve Bank of Kansas to CSB. Consummation of the proposal shares) of the successor by merger to City. Any person wishing to comment on involved the exchange by Wasatch of its The Bank of El Paso, El Paso, Tex. The the application should submit his views shares of CSB for shares of Bancorpora­ factors that are considered in acting on in writing to the Secretary, Board of tion. According to information furnisnea the application are set forth in section Governors of the Federal Reserve Sys­ to the Board, at the present time, Wa­ 3(c) of the Act (12 U.S.C. 1842(c)). tem, Washington, D.C. 20551, to be re­ satch owns, controls, or holds w ith pow The application may be inspected at ceived not later than March 15, 1973. to vote approximately 14 p e rce n t oit the office of the Board of Governors or Board of Governors of the Federal shares of Bancorporation and less at the Federal Reserve Bank of Dallas. Reserve System, February 16, 1973. 5 percent of the shares of IB&T-O'11 Any person wishing to comment on the basis, the Board concluded that Wasa [seal] M ichael A. G reenspan, application should submit his views in does not control Bancorporation or in « Assistant Secretary of the Board.. writing to the Secretary, Board of Gov­ within the meaning of section 2(a; ernors of the Federal Reserve System, [FR Doc.73-3536 Filed 2-23-73;8:45 am] (A) or section 2 (a)(2)(B) of the Washington, D.C. 20551, to be received (12 U.S.C. 1841(a) (2)). Accordingly, » not later than March 19,1973. WASATCH NATIONAL, INC. Board regards Wasatch as not b®0® bank holding company at the Prese Board of Governors of the Federal Re­ “ Grandfather” Privileges serve System, February 20,1973. time. There appeared in the F ederal R eg­ [seal] M ichael A. G reenspan, ister of October 19, 1972,- a notice that Board of Governors of the Fede Assistant Secretary of the Board. the Board would be reviewing, pursuant Reserve System, February 15, 19? • [FR Doc.73-3570 Filed 2-23-73;8:45 am] to section 4(a) (2) of the Bank Holding [ s e a l ] M ic h a e l A. Gmehspan, Company Act (the Act) (12 U.S.C. 1843 Assistant Secretary of the B (a) (2) ), the nonbanking activities of FIRST NATIONAL FINANCIAL CORP. [FR Doc.73-3533 Filed 2-23-73:8:45 am] Wasatch National, Inc., Ogden, Utah Acquisition of Bank (Wasatch), that the company engaged in First National Financial Corp., Kala­ on, and continuously since, June 30,1968 NATIONAL AERONAUTICS AND mazoo, Mich., has applied for the (37 FR 22414). SPACE administration The proposed review of “grandfather” 2 Dissenting Statements of Governors [Notice 73-13] Brimmer, Bucher, and Robertson filed as privileges of Wasatch was based on the EARTH RESOURCES TECHNOLOGY part of the original document. Copies avail­ assumption, derived from the original SATELLITE (ERTS-1) SYMPOSIUM able upon request to the Board of Governors registration statement of Wasatch, that Results and Findings of the Federal Reserve System, Washington, Wasatch became a bank holding com­ D.C. 20551, or to the Federal Reserve Bank of NASA will hold a symposium on ^ Atlanta. pany with respect to Commercial Secu­ 3 Voting for this action : Chairman Bums rity Bank, Ogden, Utah (CSB), on D e­ it results obtained ir° . and Governors Mitchell, Daane and Sheehan. Resources Technology Voting against this action: Governors Rob­ cember 31,1970, as a result of enactment „ „ Sheraton ertson, Brimmer and Bucher. of the 1970 Amendments to the Act. FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 NOTICES 5209 New Carrollton, Md. (a suburb of Wash­ please contact Mr. Lee D. Goolsby, Area For further information, contact Miss Jean ington, D.C.). This satellite obtains spe­ Code 202-755-2366. DeBell, Program Director, Research Manage­ cial photographlike images of every part ment Improvement Program, Directorate for of the United States once every 18 days. March 6, 1973 National and International Programs, Room More than 100 papers are expected to be Time Topic 648, 1800 G Street NW., Washington, DC 20550. presented by principal investigators on 8:30 a.m____ Chairman and Recording Sec­ results and findings to date using data retary’s Reports—Review of Advisory Panel For Sociology from NASA’s ERTS-1 which was recommendations m a d e Date and time of meeting. 9 a.m. on March launched on July 23, 1972. The first 3 during last panel meeting 15 and 16,1973. days will cover the applications disci­ relative to two-s e g m e n t Location of meeting. Room 321; 1800 G plines—agriculture/forestry/range re­ noise reduction approaches. Street NW., Washington, DC 20550. 8:45 a.m___ sources, environmental quality, mineral Description of the develop­ Agenda. The agenda will be devoted to the ment and flight evaluation review' and evaluation of research proposals. and land resources, water resources, ma­ of two-segment avionics in rine resources, and mapping and chart­ For further information, contact Dr. Ron­ a B-727 aircraft. ald L. Ploch, Program Director, Sociology ing. The fourth day of the sym posium 1:00 p.m___ Description of the develop­ will include a summary review of the Program, Division of Social Sciences, Room ment and flight evaluation 205, 1800 G Street NW., Washington, DC highlights of the first 3 days, and presen­ of two-segment avionics in 20550. tations on practical uses of ERTS data. a DC-8. Since space is limited, registrations will 2:00 p.m __ Description of plans for re­ These meetings will not be open to the be accepted for the first 200 requests re­ ducing to practice other public in accordance with the determina­ approach techniques. tion by the Director of the National Sci­ ceived (based *upon the postmark date of 2:30 p.m___ Possible hazards of two-seg- written requests) on or before Febru­ ment approaches to other ence Foundation dated January 15, 1973, ary 28, 1973, and with each firm limited aircraft. pursuant to the provisions of section 10 to one or two registrants. (d) of the Federal Advisory Committee H omer E. Newell, Act. Anyone desiring to attend should write Associate Administrator, Na­ to Mr. John H. Boeckel, Deputy Project T. E. J enkins, tional Aeronautics and Space Assistant Director Manager, ERTS/Nimbus, Mail Code 430, Administration. Goddard Space Flight Center, Greenbelt, for Administration. Md. 20771. F ebruary 21, 1973. F ebruary 23,1973. Charles W. M athews, [FR Doc.73-3555 Filed 2-23-73;8:45 am] [FR Doc.73-3576 Filed 2-23-73;8:45 am] Associate Administrator for Ap­ plications, National Aeronau­ NATIONAL SCIENCE FOUNDATION tics and Space Administration. SECURITIES AND EXCHANGE COMMISSION [PR Doc.73-3554 Filed 2-23-73;8:45 am] CERTAIN ADVISORY PANELS Notice of Closed Meetings [70-5310] [Notice 73-14] Pursuant to the Federal Advisory GEORGIA POWER CO. Committee Act (Public Law 92-463) no­ NAu.oA ESEARCH AND tech n o lo g y AC Notice of Proposed Issue of First Mortgage VISORY COUNCIL, COMMITTEE Ol tice is hereby given of meetings of the Bonds for Sinking Fund Purposes AERONAUTICAL OPERATING SYSTEMS following committees including the indi­ F ebruary 20, 1973. wL mSS panel ON AIRCRAFT NOISI viduals to contact for further informa­ Notice is hereby given that Georgia 5If^£IION BY OPERATIONAL FLIGH PROCEDURES MEETING tion respecting each committee. The pur­ Power Co., 270 Peachtree Street, N W , pose of each of these advisory bodies is Atlanta, GA 30303 (Georgia), a public Notice of Meeting utility subsidiary company/, of The to provide advice and recommendations M arch 6, 1973. Southern Company, a registered holding as part of the review and evaluation company, has filed a declaration with . NASA Research and Technology process for specific proposals and proj­ dvisory Council, Committee on Aero this Commission pursuant to the Public nautica1 Operating Systems, Ad Hoi ects. * Utility Holding Company Act of 1935 (Act), designating sections 6(a) and 7 X L on Aircraft Noise Reduction b: Advisory Panel for Political Science of the Act and Rule 50(a) (5) promul­ n n u !1^ 8, PliSht Procedures will mee Date and time of meeting. 9 a.m. on gated thereunder as applicable to the O ^ 'i A 1?73- at U* Ames Researci March 9,1973. Moffett Field, Calif. 94035. Th< Location of meeting. Room 338, 1800 G proposed transaction. All interested per­ sons are referred ot the declaration, Room ^ W1^ be held in the Committe« Street NW., Washington, DC 20550. Agenda. The agenda will be devoted to the which is summarized below, for a com­ tion floor of tbe Administra- review and evaluation of research proposals. plete statement of the proposed trans­ Publi?™mnv5 (B-2p°>• Members of th( For further information contact Mrs. action. on a fiS U admitted to this meeting Bertha Rubinstein, Special Assistant, Di­ Georgia proposes, on or prior to June 1, the «¡enifi"COme"®rst"served basis UP tc vision of Social Sciences, Room 203, 1800 G Street NW., Washington DC 20550. 1973, to issue $11,797,000 principal is about Ah Capacity of tbe room, which amount of its First Mortgage Bonds, 2% Port to ti? xTASc?ns' A 11 visitors must re- Advisory Panel for Earth Sciences he NASA visitor gatehouse. percent series due 1980, under the pro­ Date and time of meeting. 9 a.m. on visions of its indenture dated as of March specklkt^A, Ad Hoc Panel consists oi March 9 and 10, 1973. 1, 1941, between Georgia and Chemical X i i L Chosen because of the back- Location of meeting. Rooms 642 and 650; Bank, as trustee, as amended and sup­ and^ot S experience of the individuals 1800 G Street NW., Washington, DC 20550. plemented, and to surrender such bonds tions it h r^?resentatives of organiza- Agenda. The agenda will be devoted to the to the trustee in accordance with the eratinyniohibeen asked to identify op- review and evaluation of research proposals. sinking fund provisions. The sinking fund derwav S a w ? 8’ review Programs un­ For further information contact Dr. Wil­ liam E. Benson, Section Head, Earth Sciences bonds are to be of the same series and hew investien ti6 res.ults> and recommend Section, Division of Environmental Sciences identical in all respects to the bonds techniaups ga^°ns to NASA concerning Room 310, 1800 G Street NW, Washington which were the subject of the Commis­ under whi u equipment» and conditions DC 20550. sion’s brder dated April 3, 1972 (Holding techiLnp h n°iSe abatement operational Advisory Panel For Research Management Company Act Release No. 17525), and are n e a S be flown safely ln the Improvement to be issued on the basis of unfunded net property additions, thus making VisorVpan 6’ ? 116 Panel SerVeS ^ 9X1 ad~ Date and time of meeting. 8:30 a.m. on March 12 and 13,1973. available for construction and other pur­ uian is m aWT y °nly' The current Chair- poses cash which would otherwise be re­ Location of meeting. Room 642; 1800 G « Perrarese- There are Street NW., Washington, DC 20550. quired to satisfy the sinking fund re­ outlined hoi ’ Tbe appr°ved agenda Is Agenda. The agenda will be devoted to the quirement or to purchase bonds for such “ be,ow- For turther information review and evaluation of proposals. purpose.

No. 37—Pt. I__ 9 FEDERAL REGISTER, VOL. 38, NO. 37— M O NDAY, FEBRUARY 26, 1973 5210 NOTICES

The fees and expenses to be paid by transactions. All interested persons are renew such notes) from time to time. Georgia in connection with the issuance referred to the declaration, which is sum­ The aggregate amount of all such notes of the bonds are estimated at $1,500, in­ marized below, for a complete statement at any one time outstanding will not ex­ cluding $1,000 for charges of the trustee of the proposed transactions. ceed $53,500,000. and $250 for counsel fees. It is stated that Northeast and WMECO, here together The proposed bank notes will each be the issuance of the sinking fund bonds is referred to as declarants, propose, from dated the date of issue, will have maxi­ subject to the authorization of the time to time but not later than Decem­ mum maturity dates of 9 months, with Georgia Public Service Commission and ber 31, 1973, to issue and sell short-term right of renewal, will bear interest at a that no other State commission, and no notes (including commercial paper) in rate per annum not in excess of the Federal commission, other than this an aggregate principal amount outstand­ prime rate (currently 6 percent per an­ Commission, has jurisdiction over the ing at any one time of not more than num) in effect at the lending bank on proposed transaction. (a) $125,000,000 in case of Northeast, and the date of issue, will be subject to pre­ Notice is further given that any inter­ (b) in case of WMECO, an amount not payment at any time at the company’s ested person may, not later than March to exceed $53,500,000 at any one time option without premium, and will be is­ 16, 1973, request in writing that a hear­ outstanding. Northeast intends to utilize sued no later than December 31, 1973, ing be held on such matter, stating the the proceeds from its sales (i) to make Although no formal commitments for nature of his interest, the reasons for capital contributions during 1973 of future borrowings have been made with such request, and the issues of fact or $30,000,000, $15,000,000, $10,000,000, and any bank, declarants expect to borrow law raised by said declaration which he $5,400,000, respectively, to its public util­ from lists of banks supplied herein; these desires to controvert; or he may request ity subsidiary companies, the Connecticut consist of 30 banks including five New that he be notified if the Commission Light & Power Company (CL&P), the York City banks in the case of Northeast, should order a hearing thereon. Any such Hartford Electric Light Company and 18 banks including four New York request should be addressed: Secretary, (HELCO), WMECO, and the Millstone City banks in the case of WMECO. De­ Securities and Exchange Commission, Point Company (Millstone); (ii) to make clarants state that with respect to the Washington, D.C. 20549. A copy of such open account advances not exceeding non-New York City banks normal work­ request should be served personally or by $5,000,000 during 1973 to its non-utility ing balances maintained with those mail (airmail if the person being served subsidiary, the Quinnehtuk Company banks are adequate to support the pro­ is located more than 500 miles from the (Quinnehtuk); and (iii) to supply funds posed credit lines, except that in the case point of mailing) upon the declarant at as needed to other subsidiary companies of borrowings from Pittsfield National the above-stated address, and proof of as heretofore or hereafter authorized by Bank, Pittsfield, Mass., required compen­ service (by affidavit or, in case of an the Commission. WMECO intends to sating balances will result in an effective attorney at law, by certificate) should be utilize the funds from its sales, together interest rate of 7.06 percent per annum, filed with the request. At any time after with its other available funds, to finance assuming a prime interest rate of 6 per­ said date, the declaration, as filed or as construction expenditures in 1973, esti­ cent. In respect of borrowings from the it may be amended, may be permitted to mated at $38,000,000. The open account New York City banks, it is stated that become effective as provided in Rule 23 of advances to Quinnehtuk will be used to compensating balances would in each the general rules and regulations pro­ purchase a generating site in Massa­ case result in an effective interest rate mulgated under the Act, or the Commis­ chusetts, which will ultimately be pur­ of 7.5 percent per annum, assuming a sion may grant exemption from such chased by one or more of Northeast’s mavimnm compensating balance of 20 rules as provided in Rules 20(a) and 100 utility subsidiaries. CL&P and HELCO percent and a prime rate of 6 percent. thereof or take such other action as it will apply the proposed capital contribu­ The proposed commercial paper notes may deem appropriate. Persons who re­ tions toward their 1973 construction pro­ will be issued in denominations of not quest a hearing or advice as to whether grams, estimated at $143,000,000 and less than $50,000 and not more than $1 a hearing is ordered will receive notice $79,000,000, respectively. Millstone will million, will have a maturity of not more of further developments in this matter, apply such contribution toward its nu­ than 270 days, will not be repayable prior including the date of the hearing (if clear fuel purchases in 1973 (see HCAR to maturity, and will be sold by declar­ ordered) and any postponements thereof. No. 17786). ants directly to Lehman Commercial Paper, Inc., a dealer in commercial paper, For the Commission, by the Division As of January 31, 1973, Northeast had outstanding $51,406,000 of short-term at the discount rate per annum prevail­ of Corporate Regulation, pursuant to ing at the date of issuance for comnJe^ delegated authority. promissory notes to banks and to a dealer in commercial paper, which notes were cial paper of comparable quality and oi [ seal] R onald F. H u n t , issued pursuant to Commission’s order of the particular maturity sold by PUp1^" Secretary. February 24, 1972 (HCAR No. 17464). utility issuers to commercial paper deal­ IFR Doc.73-3571 Filed 2-23-73:8:45 am] Upon this declaration becoming effective, ers. No commercial paper notes win oe no further borrowings will be incurred issued having a maturity of more than pursuant to said order. However, North­ days which have an an effective mre [70-5308] east proposes to renew and extend said est cost which exceeds the prime co ­ NORTHEAST UTILITIES AND WESTERN notes and to issue and sell up to an ad­ mercial bank rate at which declar MASSACHUSETTS ELECTRIC CO. ditional $73,600,000 of short-term notes could borrow from banks in an amoun (and to renew such notes) from time to at least equal to the principal amoun Notice of Proposed Issue and Sale of time, so that the aggregate amount of such commercial paper. No commiss Notes, Exception From Competitive or fee will be payable in connection wi Bidding, and Proposed Capital Contribu­ all such notes at any one time outstand­ the issuance and sale of the co m m e r tions to Subsidiary Companies ing, including notes authorized by said order of February 24,1972, will at no time paper. . . •February 20, 1973. exceed $125 million. The commercial paper dealer, as Pr Notice is hereby given that Northeast Pursuant to order of the Commission cipal, will reoffer the commercial pap* Utilities (Northeast), 174 Brush Hill dated December 28, 1971 (HCAR No. to institutional investors at a dis Avenue, West Springfield, MA 01089, a 17414) WMECO, as of January 31, 1973, of no more than Vs of 1 percent P t registered holding company, and its elec­ had outstanding $18,250,000 in short­ num less than the prevailing di * tric utility subsidiary company, West­ term notes to banks and to a dealer in rate to declarants in such ern Massachusetts Electric Company commercial paper and expects to issue to constitute a public offering. TTie (WMECO), have filed a declaration up to $6,000,000 additional such short­ mercial paper will be reoffered to . with this Commission pursuant to the term notes, prior to the effectiveness of more than 200 identified and d esig re(i Public Utility Holding Company Act the present declaration. WMECO pro­ customers in a list (nonpublic) pr P . . of 1935 (Act), designating sections 6, poses to renew and extend such notes or in advance by the dealer. It is a ^ 7, and 12(b) of the Act and Rules 45 to refund them with other similar notes, pated that the commercial paper and 50(a)(5)(B) promulgated there­ and to issue and sell up to an additional be held by customers to maturity,. ^ such customers desire to resell P under as applicable to the proposed $29,250,000 of short-term notes (and to

FEDERAL REGISTER, VOL. 38, N O . 37— M ONDAY, FEBRUARY 26, 1973 NOTICES 5211 maturity, the dealer, pursuant to a ver­ For the Commission, by the Division A copy of the complaint is available for bal repurchase agreement, will repur­ of Corporate Regulation, pursuant to public inspection at the Office of the Sec­ chase the commercial paper and reoffer delegated authority. retary, U.S. Tariff Commission, Eighth the same to others in the group of 200 and Ë Streets NW., Washington, D.C., [seal] R onald F. H unt, customers. Secretary. and at the New York office of the Tariff Declarants state that, unless otherwise Commission located in Room 437 of the [FR Doc.73-3572 Filed 2-23-73;8:45 am] authorized by the Commission, any of Customhouse. their bank notes or commercial paper Information submitted by interested outstanding at December 31, 1973, will SMALL BUSINESS persons which is pertinent to the afore­ be repaid from internal cash resources ADMINISTRATION mentioned preliminary inquiry will be or from the proceeds of long-term [License No. 02/07-0023] considered by the Commission if it is re­ financing. I ceived not later than March 20, 1973. Declarants request that the issue and CREATIVE CAPITAL CORP. Extensions of time for submitting infor­ sale of their commercial paper notes be Notice of Approval of Application for mation will not be granted unless good excepted from the competitive bidding Transfer of Control and sufficient cause is shown thereon. requirements of Rule 50 pursuant to Such information should be sent to the Pursuant to the provisions of § 107.701 Secretary, U.S, Tariff Commission, subparagraph (a) (5) (B) thereof in view of the Small Business Administration of the fact that current rates for com­ Eighth and E Streets NW;, Washington, (SBA) rules and regulations (13 CFR D.C. 20436. A signed original and nine­ mercial paper for prime borrowers such Part 107, 33 FR 236), a notice of filing as Northeast and WMECO are readily teen. (19) true copies of each document of an application for transfer of control must be filed. ascertainable by reference to daily finan­ of Creative Capital Corp., License No. cial publications and that it is not prac­ 02/07-0023, 99 Park Avenue, New York, Issued February 20,1973. ticable to invite competitive bids for NY 10016, was published in the F ederal commercial paper. Declarants further By order of the Commission. R egister on February 2, 1973 (38 FR request that the certificates under Rule 3222). [seal] K enneth R. M ason, 24 be filed on a quarterly basis with re­ Secretary. Interested persons were given an op­ spect to the commercial paper. [FR Doc.73-3503 Filed 2-23-73;8:45 am] It is stated that no fees or commissions portunity to send their comments to (including counsel fees) will be paid or SBA on the proposed transfer of con­ incurred, directly or indirectly, in con­ trol. No comments were received. [TEA—W—186] nection with the proposed transac­ Upon consideration of the application JOHNSON SHOES, INC. tions and that incidental services, and other relevant information, SBA estimated as $1,000 ('$500 for each declar­ hereby approves the transfer of control Workers’ Petition for a Determination; Notice of Investigation ant) , will be performed at cost by North­ of Creative Capital Corp., subject to any east Utilities Service Co., an affiliated other Federal or State approval which On the basis of a petition filed under service company. It is further stated may be necessary. section 301(a)(2) of the Trade Expan­ that no State commission and no Fed­ Dated: February 16,1973. sion Act of 1962, on behalf of the former eral commission, other than this Com­ workers of Johnson Shoes, Inc., Man­ mission, has jurisdiction over the pro­ D avid A. W ollard, chester, N.H., the U.S. Tariff Commis­ posed transactions. Associate Administrator for sion, on February 21, 1973, instituted an Notice is further given that any inter­ Finance and Investment. investigation under section 301(c) (2) of ested person may, not later than March [FR Doc.73-3545 Filed 2-23-73;8:45 am] the Act to determine whether, as a result 16,1973, request in writing that a hear­ in major part of concessions granted ing be held on such matter, stating the TARIFF COMMISSION under trade agreements, articles like or nature of his interest, the reasons for directly competitive with footwear for such request, and the issues of fact or [337—L-57] Women (of the type provided for in items law raised by said declaration which he ELECTRONIC FLASH DEVICES 700.20, 700.43, 700.45, and 700.55 of the Tariff Schedules of the United States) desires to controvert ; or he may request Notice of Complaint Received that he be notified if the Commission produced by said firm are being imported should order a hearing thereon. Any such The U.S. Tariff Commission hereby into the United States in such increased request should be addressed: Secretary, gives notice of the receipt on January 24, quantities as to cause,-or threaten to °ecurities and Exchange Commission, 1973, of a complaint under section 337 cause, the unemployment or underem­ Washington, D.C. 20549. A copy of such of the Tariff Act of 1930 (19 U.S.C. 1337), ployment of a significant number or pro­ equest should be served personally or filed by Honeywell, Inc. of Minneapolis, portion of the workers of such firm or y mail (airmail if the person being Minn., alleging unfair methods of com­ an appropriate subdivision thereof. f f VecLis lo.cated more than 500 miles petition and unfair acts in the importa­ The optional public hearing afforded om the point of mailing) upon the de- tion and sale of electronic flash devices by law has not been requested by the f ^ ab°ve-stated address, and which are embraced within the claims of petitioners. Any other party showing a p oof of service (by affidavit or, in case U.S. Patent Nos. 3,519,879 and R.E. 26,999 proper interest in the subject matter of attorney at law, by certificate) owned by the complainants. Ponder & the investigation may request a hearing, tir«« with the request. At any Best, Inc., 11201 West Pico Boulevard, provided such request is filed on or before fiiM a**er «aid date, the declaration, as Los Angeles, CA 90064 has been named March 8, 1973. « as it may be amended, may be as either importing or offering for sale The petition filed in this case is avail­ the subject product. viiîÜ?- become effective as pro- able for inspection at the Office of the rpoiii *hde.23 °f the general rules and In accordance with the provisions of Secretary, U.S. Tariff Commission, or fha r<0ns promulgated under the Act, § 203.3 of its rules of practice and pro­ Eighth and E Streets NW., Washington, frnm * 01?mission may grant exemption cedure (19 CFR 203.3), the Commission D.C., and at the New York City office of has initiated a preliminary inquiry into 2A(„\ rules as provided in Rules the Tariff Commission located in Room the issues raised in the complaint for the ac thereof or take such other 437 of the Customhouse. sons whÜ may deem appropriate. Per- purpose of determining whether there is good and sufficient reason for a full in­ By order of the Commission. to whWeth V ,T ,eSt a hearing or advice as vestigation, and if so, whether the Com­ ceivp hearing is ordered will re- Issued: February 21,1973. this further developments in mission should recommend to the Presi­ h eariï?/’ iPclpding the date of the dent the issuance of a temporary order [seal] K enneth R. M ason, of exclusion from entry under section Secretary. ments thereofdered* &nd any postpone- 337(f) of the Tariff Act. [FR Doc.73-3593 Filed 2-23-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 5212 NOTICES

[TEA—W—185] pear at the public hearing should be re­ once. This list contains prospective as­ signments only and does not include cases SHAPIRO BROS. SHOE CO., INC. ceived by the Secretary of the Tariff Commission, in writing, at its offices in previously assigned hearing dates. The Workers’ Petition for Determination; Washington, D.C., not later than noon, hearings will be on the issues as presently Notice of Investigation Thursday, April 5,1973. reflected in the Official Docket of the Commission. An attempt will be made to On the basis of a petition filed under Issued February 20,1973. section 301(a)(2) of the Trade Expan­ publish notices of cancellation of hear­ sion Act of 1062, on behalf of the workers By order of the Commission. ings as promptly as possible, but inter­ ested parties should take appropriate and the former workers of the Shapiro K enneth R . M ason, Bros. Shoe Co., Inc., Auburn, Maine, the Secretary. steps to insure that they are notified of cancellation or postponements of hear­ U.S. Tariff Commission, on February 20, [PR Doc.73-3504 Piled 2-23-73:8:45 am] 1973, instituted an investigation under ings in which they are interested. No section 301(c)(2) of the Act to deter­ amendments will be entertained after the mine whether, as a result in major part [TEA—W—184] date of this publication. of concessions granted under trade UNIROYAL, INC., MIDDLEBURY, CONN. AB 5 Sub 102, George P. Baker, Richard C. agreements, articles like or directly com­ Bond, Jervis Langdon, Jr., and Willard petitive with footwear for women (of Workers’ Petition for a Determination; Wirtz, trustees of the property of Penn the types provided for in items 700.20, Notice of Investigation Central Transportation Co., debtor, aban­ donment between Centerville and Lytle, 700.43, 700.45, and 700.55 of the Tariff On the basis of a petition filed under Warren and Montgomery Counties, Ohio, Schedules of the United States) pro­ section 301(a)(2) of the Trade Expan­ now being assigned May 7, 1973 (2 days), duced by said firm are being imported sion Act of 1962, on behalf of the former at Dayton, Ohio, in a hearing room to be into the United States in such increased workers of the Passaic, N.J., plant of Uni­ later designated. quantities as to cause, or threaten to royal, Inc., Middlebury, Conn., the U.S. MC-C-7936, Price Hill Coach Line, Inc. v. cause, the unemployment or underem­ Tariff Commission, on February 16,1973, Indiana Trails, Inc., MC 136895 Sub 2, ployment of a significant number or instituted an investigation under section White Lines, Inc., now being assigned May 9, 1973, at Dayton, Ohio (3 days), in proportion of the workers of such firm 301(c)(2) of the Act to determine a hearing room to be later designated. or an appropriate subdivision thereof. whether, as a result in major part of con­ MC 124174 Sub 90, Momsen Trucking Co., now The optional public hearing afforded cessions granted under trade agreements, being assigned May 14, 1973 (1 week), at by law has not been requested by the articles like or directly competitive with Chicago, 111. in a hearing room to be later petitioners. Any other party showing a hose of textile fibers or rubber, belting designated. proper interest in the subject matter of and belts for machinery of textile fibers MC 127042 Sub 103, Hagen, Inc., now being or of such fibers and rubber or plastics, assigned hearing May 9, 1973 (1 day), at the investigation may request a hear­ Chicago, JH,, in a hearing room to be later ing, provided such request is filed within flexible metal hose or tubing, and rubber designated. 10 days after the notice is published sheeting (of the types provided for in MC—C—7964, River Trails Transit Lines, Inc.— in the F ederal R egister. Items 357.90, 357.95, 358.05, 358.06, 358.14, Investigation and revocation of certificate, The petition filed in this case is avail­ 358.16, 652.09, 771.42, and 772.65 of the now being assigned hearing May 10, 1973 able for inspection at the Office of the Tariff Schedules of the United States) (2 days), at Chicago, HI., in a hearing room Secretary, U.S. Tariff Commission, produced by said firm are being imported to be later designated. into the United States in such increased MC-C—7879, A -l Corp., investigation and Eighth and E Streets NW., Washington, revocation of certificate of registration, DC, and at the New York City office of quantities as to cause, or threaten to now assigned March 13, 1973, at Boston, the Tariff Commission located in Room cause, the unemployment or underem­ Mass., will be held on the fifth floor, 105 437 of the Customhouse. ployment of a significant number or pro­ Causeway" Street. portion of the workers of such firm or an MC 115322 Sub 89, Redwing Refrigerated, Issued: February 20,1973. appropriate subdivision thereof. Inc., now assigned March 6, 1973, at Wash­ By order of the Commission. The optional public hearing afforded ington, D.C., is canceled and transferred to by law has not been requested by the pe­ modified procedure. [ seal] K enneth R. M ason, MC—C—7972, Deerfleet Lines, Inc.—Investiga­ Secretary. titioners. Any other party showing a tion and revocation o f certificates now proper interest in the subject matter of being assigned hearing April 10, 1973 ( [PR Doc.73-3506 Piled 2-23-73:8:45 am] the investigation may request a hearing, d a y ), at Boston, M^ss., in a hearing room provided such request is filed on or before to be later designated. , [AA1921—115] MC—C—7877, Southeastern Freight Lines, efc March 8,1973. al. v. Pool Freight Lines, Inc., now being SYNTHETIC METHIONINE FROM JAPAN The petition filed in this case is avail­ assigned hearing April 11, 1973 (2 able for inspection at the Office of the at Columbia, S.C., in a hearing room to oe Notice of Investigation and Hearing later designated. . Having received advice from the Treas­ Secretary, U.S. Tariff Commission, MC 2900, Ryder Truck Lines, Inc., now nei & ury Department on February 13, 1973, Eighth and E Streets NW., Washington, assigned hearing April 30, 1973 (1 wee j. at Knoxville, Tenn., in a hearing room that synthetic methionine from Japan is D.C., and at the New York City office of be later designated. . being, or is likely to be, sold at less than the Tariff Commission located in Room MC 71459 Sub 29, O. N. C. Freight System, fair value, the U.S. Tariff Commission 437 of the customhouse.' now assigned March 12, 1973, at Los has instituted an investigation under sec­ geles, Calif., is postponed indefinitely. tion 201 (a) of the Antidumping Act, 1921, Issued February 20,1973. MC 138143, Specialized Cartage, In® : les as amended (19 U.S.C. 160(a)), to deter­ By order of the Commission. ’ assigned March 8, 1973, at Los S ’ mine whether an industry in the United Calif., will be held in Room 7210, Feder States is being or is likely to be injured, [ seal] K enneth R . M ason, Office Building, 300 North Los Ang Secretary. StrOfit 1 q or is prevented from being established, NO. 35596, Wyoming Intrastate Freight B» ® by reason of. the importation of such [FR Doc.73-3505 Filed 2-23-73:8:45 am] and Charges—1972, now assigned Marc ^ merchandise into the United States. 1973, at Cheyenne, Wyo., will be he HEARING. A public hearing in connec­ INTERSTATE COMMERCE -DsvrtTvi oma. Porforai Btiildine. 2120 Lap tion with the investigation will be held in COMMISSION Avenue. . jnc., MC 97127 Sub 6, Batesville Truck_ f®’-sned the Tariff Commission’s Hearing Room, [Notice 185] common carrier application, now ... be Tariff Commission Building, Eighth and March 19, 1973, at Little Rock,eluding, ASSIGNMENT OF HEARINGS E Streets NW., Washington, D.C., begin­ held in Room 5404, Federal Office Bu F ebruary 21, 1973. 700 West Capitol Street. ning at 10 a.m., e.s.t., on April 10, 1973. MC-107912 Sub 17, Rebel Motor Freigh ’ ^ All parties will be given an opportunity to Cases assigned for hearing, postpone­ now being assigned hearing Apri ’ ring be present, to produce evidence, and to be ment, cancellation, or oral argument ap­ (1 week) at Jackson, Miss., m a room to be later designated. heard at such hearing. Requests to ap­ pear below and will be published only

FEDERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 NOTICES 5213

MC-F-11604, McBride Transportation, Inc.— [Ex Parte No. 241; Rule 19, 2nd Rev» (8) of the Interstate Commerce Act, the Purchase—0 & E Trucking Corp. (assignee Exemption 10] Alfred A. Rosenberg), and MC 80428 Sub filing of such a petition will postpone the 80, McBride Transportation, Inc., now as­ CENTRAL RAILROAD COMPANY OF effective date of the order in that pro­ signed for continued hearing February 26, NEW JERSEY ET AL. ceeding pending its disposition. The mat­ 1973, at Washington, D.C., postponed to Exemption Under Mandatory Car Service ters relied upon by petitioners must be March 12, 1973, at the offices of the Inter­ Rules specified in their petitions with partic­ state Commerce Commission, Washington, ularity. D.C. It appearing, that the railroads named MC 51146 Subs 284, 285, 286 and 287, Schnei­ herein own numerous 40-foot plain box­ No. MC-FC-74084. By order entered der Transport, Inc., now assigned February cars; that under present conditions, January 29, 1973, the Motor Carrier 27,1973, at Washington, D.C., is postponed there is virtually no demand for these Board approved the transfer to Nebraska indefinitely. Iowa Xpress, Inc., Council Bluffs, Iowa, MC 127042 Sub 102, Hagen, Inc., now being cars on the lines of the car owners; that assigned hearing May 3, 1973, at St. Louis, return of these cars to the car owners of the operating rights set forth in cer­ Mo., in a hearing room to be later desig­ would result in their being stored idle on tificates Nos. MC-69121 and MC-69121 nated. these lines; that such cars can be used (Sub-No. 2), issued by the Commission by other carriers for transporting traffic March 6, 1951, and July 25, 1968, respec­ [seal] R obert L. Oswald, offered for shipments to points remote tively, authorizing the transportation of Secretary. from the car owners; and that compli­ livestock, agricultural commodities, logs, [PR Doc.73-3556: Filed 2-23-73;8:45 am] ance with Car Service Rules 1 and 2 pre­ household goods, empty petroleum prod­ vents such use of plain boxcars owned by ucts containers, feed, farm machinery, [Ex Parte No. 241; Rule 19, 9th Rev. the railroads listed herein, resulting in farm machinery parts, agricultural im­ Exemption 1 2 ] unnecessary loss of utilization of such plements, agricultural implement parts, cars. fencing materials, hardware, petroleum ATLANTIC AND WESTERN RAILWAY CO. products, in containers, building mate­ E T AL. It is ordered, That pursuant to the authority vested in me by Car Service rials, powdered milk, new furniture, Exemption Under Mandatory Car Service Rule 19, plain boxcars described in the twine, roofing, emigrant movables, and Rules Official Railway Equipment Register, ICC general commodities, with the usual ex­ It appearing, that the railroads named R.E.R. No. 386, issued by W. J. Trezise, ceptions, from, to, or between points in herein own numerous plain boxcars; or successive issues thereof, as having Kansas and Missouri. William S. Rosen, that under present conditions, there is mechanical designation XM, with inside 630 Osborn Building, St. Paul, Minn. virtually no demand for these cars on length 44 feet 6 inches or less, and bear­ 55102, attorney for applicants. the lines of the car owners; that return ing reporting marks assigned to the rail­ No. MC-FC-74133. By order of Janu­ of these cars to the car owners would roads named below, shall be exempt from ary 26, 1973, the Motor Carrier Board result in their being stored idle on these the provisions of Car Service Rules 1 (a), approved the transfer to Arthur H. Ful­ fines; that such cars can be used by 2(a), and 2(b). ton, Stephens City, Va., of the operat­ other carriers for transporting traffic of­ The Central Railroad Company of New Jersey. ing rights in permits Nos. MC-133021 fered for shipments to points remote Robert D. Timpany, Trustee. (Sub-No. 2) and MC-133021 (Sub-No. 4) from the car owners; and that compli­ Reporting marks: CNJ. issued October 14, 1969, and May 10, ance with Car Service Rules 1 and 2 pre­ P 3 troit and Mackinac Railway Co. 1972, respectively, to John L. Wilson, vents such use of plain boxcars owned by Reporting marks: D&M. doing business as J. W. Trucking, Round the railroads listed herein, resulting in Manufacturers Railway Co. Hill, Va., authorizing the transportation unnecessary loss of utilization of such Reporting marks: MRS. of canned fruit juices, from Round Hill, cars. Va., to Baltimore, Md., and Washington, J t i s ordered, That pursuant to the au­ Effective February 15, 1973, and con­ D.C.; sugar (except in bulk), frozen thority vested in me by Car Service Rule tinuing in effect until further order of juices, concentrates, and containers, 1», Plain boxcars described in the Official this Commission. from Baltimore, Md., to Round Hill, Va.; Railway Equipment Register, ICC RER Issued at Washington, D.C., February sugar, frozen juices, and concentrates, no, 386, issued by W. J. Trezise, or suc­ 15, 1973. from Washington, D.C., to Round Hill, cessive issues thereof, as having mechani- Interstate Commerce Va.r apple cider, fruit concentrates, and ai designation XM, and bearing report- Commission, canned fruit juices, from Round Hill, Va., fig marks assigned to the railroads [seal] R. D. Pfahler, to points in Delaware, Florida, Maryland, named below, shall be exempt from the Agent. New Jersey, New York, North Carolina, Provisions of Car Service Rules 1(a), [FR Doc.73-3558 Filed 2-23-73;8:45 am] Pennsylvania, Ohio, Tennessee, and ¿(a), and 2(b). West Virginia, and materials, equipment, and Western Railway Company re­ and supplies used in the preparation porting marks: ATW. [Notice 215] and manufacture of apple cider, fruit icago & Illinois Midland Railway Company concentrates, and canned fruit juices, reporting marks: CIM. MOTOR CARRIER BOARD TRANSFER from points in the aforementioned des­ J? ~'a Salle and Bureau County Railroad PROCEEDINGS tination States to Round Hill, Va., sub­ R1~rmpany reporting marks: LSBC. Synopses of orders entered by the ject to the restriction that the opera­ Fredericksburg and Potomac Rail- Motor Carrier Board of the Commission tions authorized are limited to the trans­ SiomPany reporting marks: RFP. ™ ’J GOria & Western Railroad Company pursuant to sections 212(b), 206(a), 211, portation of traffic under a continuing reporting marks: TPW . 312(b), and 410(g) of the Interstate contract, or contracts, with Hill High Commerce Act, and rules and regulations eorVTrtRailway’ InC" rePorting marks: Rut Food Products, Inc., of Round Hill, Va. prescribed thereunder (49 CFR Part Charles E. Creager, Suite 523, 816 Eas­ Addlson & G-aleton Railroad Cor­ 1132), appear below: ley Street, Silver Spring, MD 20910, reg­ poration reporting marks: WAG. Each application (except as otherwise istered practitioner for applicants. F^hruary 15> M73, and con- specifically noted) filed after March 27, No. MC-FC-74142. By order of Janu­ 1972, contains a statement by applicants ary 26,1973, the Motor Carrier Board ap­ this CorSniSon. ^ fUrther °rder °f that there will be no significant effect on the quality of the human environ­ proved the transfer to Gerald M. Bjur- ar^l5?

FEDERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 5214 NOTICES

A. R. Fowler, 2288 University Avenue, St. points in Nassau and Suffolk Counties, Reports to be held in Room 10103, New Paul, Minn. 55114, applicant’s attorney. N.Y.; and returned shipments of the Executive Office Building, 726 Jackson above-specified destination points to the Place NW., Washington, DC, on March 1, No. MC-FC-74199. By order of Janu­ above described origins. The operations 1973, at 9:30 a.m. ary 26, 1973, the Motor Carrier Board authorized are limited a transportation The purpose of the meeting is to con­ approved the transfer to Dixon & duct Council business such as the Treas­ Douglas, Inc., Brooklyn, N.Y., of the service to be performed under a contract with 3M Business Products Sales, Inc. urer’s Report and reports of various operating rights in permits Nos. M C- Committees, to hear remarks from the 127965 (Sub-No. 2), MC-127965 (Sub- John L. Alfano, 2 West 45th Street, New Chief of the Statistical Policy Division, No. 3), and MC-127965 (Sub-No. 4> is­ York, NY 10036, Attorney for applicants. and to receive reports of recent actions sued December 20, 1965, June 25, 1968, [ seal] R obert L. O sw ald, by the Office of Management and Budget and November 20, 1970, respectively, to which affect the burden on business firms Leonard Dixon, doing business as D & D Secretary. [FR Doc.73—3557 FlTed 2-23-73;8:45 am] of reporting to Federal agencies. The' Express, Brooklyn, N.Y., authorizing the meeting will be open to public observa­ transportation of copying and photo­ tions and participation. graphic machines, materials and sup­ OFFICE OF MANAGEMENT AND Anyone wishing to participate should plies, except in bulk, in tank vehicles, BUDGET contact the Chief, Statistical Policy Divi­ from the warehouse of 3M Business sion, Room 10202B, New Executive Office Products Sales, Inc., at Teaneck, N.J., to BUSINESS ADVISORY COUNCIL ON Building, Washington, D.C. 20503, tele­ New York, N.Y., and points in Nassau FEDERAL REPORTS phone (202) 395-3730. and Suffolk Counties, N.Y.; copying and Notice of Public Meeting photographic machines and materials V elma N. B aldw in, and supplies, from the storage facilities Pursuant to Public Law 92-463, notice Assistant to the Director of 3M Business Products Sales, Inc., at is hereby given of a meeting of the for Administration. Paramus, N.J., to New York, N.Y., and Business Advisory Council on Federal [FR Doc.73-3689 Filed 2-23-73; 11:18 am]

FEDERAL REGISTER, VOL. 38, N O . 37— M O NDAY, FEBRUARY 26, 1973 FEDERAL REGISTER 5215

CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY

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 February. 3 CFR Page 7 CFR— Continued Page 10 CFR— Continued Page Proclamations: Proposed R ules— Continued Proposed R ules— Continued 2929 (see Proc. 4189)------4935 220_ ____ 4409 140 ______3336 3044 (suspended by Proc. 225_ ____ 4672 170.------— _____ 4272 245_ ____ 4409 4188) ______4497 12 CFR 3140 (see Proc. 4189)------4935 271— ___ 3988 3279 (amended by EO 11703) _ 3579 711— ___ 3986 211______3585,4571 (Superseded in part by OI 719— ____ 4407 303______4571, 4572 Reg. 1, Rev. 5, Admt. 53) _ 4259 722_ ____ 4407 523______4575 3822 (amended by Proc. 4189) - 4935 728_ ____ 4407 584______3039 3964 (see Proc. 4189)------4935 775_ ____ 4407 701______3586, 4749 4180 (suspended by Proc. 780— ____ 3071 721______3587 905— ____ 4979 4188)______4497 Proposed Rules : 4186 ______3503 929— ___ 3985 947— ____ 4407 546______3527 4187 ______3577 563______3527 4188 ______4497 980— __ _ 4261 563b______3527 4189 ______4935 1036. 3064, 5176 1062. ____ 4343 571_____- ______3527 Executive O rder: 1079. ____ 4346 722______4415 11703______3579 1099. ____ 4671 749____ 4779 1103. 3069, 4773 13 CFR 4 CFR 1421. 3607, 4408 Proposed Rules: 331...... 4237 1446. ____ 4408 1464. ____ 4346 107 (2 documents)______4518, 4519 5 CFR 1700- 3988, 4775 121______3413 213------3037, 3187, 3584, 4313, 4499, 4569 1701- 4581, 4979 14 CFR 352______3390 1816- ____ 3516 1890- ____ 3516 37------3587, 4660 Proposed R ules: 1890s. ____ 3988 39______3190, 3587, 4333, 4749 900______. ____ 4981 43------3587,4660 8 CFR 6 CFR 61------3156 204______3187 71— — ------3040, 130...------3187, 4238 238______3188 3190, 3505, 3506, 3588, 4240, 4241, Proposed R u les: 299______3188 4334, 4335, 4388, 4661, 4709, 4710, 130------3202 316a______3188 4942, 4943 499______3188 73------3191, 3506, 3589 7 CFR 75______3589, 424r, 4388, 4710 9 CFR 91______3156 2------3951 93------4335 51------3390 76____ _ 3309, 3397, 4313, 4383, 4937-4939 53 ------47 62 95------3310, 3311 78______3397, 4939 97------3589, 4506, 4943 54 ------3188 82______—- ______3585, 4314 58------4381 103______4389 92______4506 135------4660 94______4384 228______4241 201______4384 310------5152 “-1.9------3603, 3604 307______3189 400______4389 316 ------—______4384 7 0 4 ------3 9 5 1 1204______4575 ------3293, 3296, 4382 317 ------4384 318 _____^______5151 Proposed Rules : 730------3298 350______3189 65------3410 857------— ------43 82 905------3604 355______3189 71------3200, 381_____ 3189 3201, 3525, 3610, 3611, 4270, 4348- Z'------3037, 3604, 4499, 4770 445______3038 4350, 4414, 4716, 4717, 4775, 4776, IT®-...... —— 4570, 4770, 4940 447_____ 3038 4980,4981, 5182 75------4981 ...... 3189, 3298, 3954, 4570, 4941 Proposed R ules: — ------4941 93------——_ 4717 11______4408 141 ------4046 982------42 39 113______3987 207______3995 1040------5151 307______3988 212------1------3995 1043------4649 381______3988 378------3995 1049------: ------4649 1062 3299 10 CFR 15 CFR uaoll— ------4771 2______3398 Proposed Rules: 50______3955,4385 1800 4333 7 1801 ------5151 73______3038 ------— 3608 1804 ------4772 150______3039 30------4263 1822 4500 Proposed R ules: 16 CFR 1890s------3954, 4383 Pd ~~...... —...... — 3955 30______4351 13------3398-3400, Proposed R ules: 40______— 4351 3957, 3958, 4245, 4661, 4944, 5156- 52. 50______3073, 3334 5160 210 ...... — 3195 70—______3075, 3077, 4351 425______4896 ...... 4409 73 ___ 3080, 3082 600____ 4945

FEDERAL REGISTER, VOL. 38, N O . 37— M ONDAY, FEBRUARY 26, 1973 5216 FEDERAL REGISTER

17 CFR Page 21 CFR Paee 29 CFR— Continued Page 200,— ____ 3590, 3591, 3959 2 ... 4512, 4750 1902______------4669 240 _ 3591, 3902, 4315, 4401 3 ______3401, 5168 1910______— ------3598 241 3313 19______4710 1952______— ------3041 270 4315 37______- 3959 1977______------4577 275 4315 121______4390 Proposed Rules: 128b______3402, 3961 P roposed B u l e s : 130 ______4249, 4576 1910______------4979 1______4346 131 ______5168 1918______4516 230_____ — 4353, 4417, 4993 135a______3040 1952 ______—______4412 240______3100, 3339, 4353, 4994 135b______4318 270______5194 135c______3192, 30 CFR 3402, 4250, 4251, 4318, 4665, 5168 70______4393 18 CFR 135e______3309, 3402, 4390, 4665 7 5 ______j___ 3406, 3407, 4394,4974 1______4245 135g______3402, 4251 2______- — ______3401 141______- 4318 31 CFR 3______3401, 4245 144______3507 103 ______3508 3 a ______*— ______5161 148r______- ______4318 316______3446 11______3401 149b— ______— 3402, 4251 32 ______3401 150g______.______3403 Proposed Rules: 33 ______3401 191— _____ 4666 51______4918 34 ___ — ______3401 273______3598, 4319 35 ___ — ______3401 295______3403, 3598, 4512 32 CFR 36— ______3401 308______4514 1 0 0 ______3043 ______3401 45___ —■ P roposed R u l e s : 2 0 1 ______4509 101______4247, 4948 852______4670 104______4949 1— ______— ______3523 940______3962 141______- ______: 4248, 4950 18 ______4347 1472______4577 159______3401 19 _ 4347 1641 _____ 3599 201______4248, 4950 141_____ 4348 204______4952 295_____ 3989, 3990 Proposed Rules: 260______4245,4249, 4952 301____ 3195 641______3051 306______3591 1460______3413 801______—.______4662 22 CFR P roposed R u l e s : 41 ______— 457632A CFR 2______5194 51—______4667Ch. X : 3______4779 86______4252 OI Reg. 1____ 3407, 4259, 4716 35______- ___ 4275 207______3507 Ch. X I______3599 154______4415 201______4415 24 CFR Proposed Rules: 260______4415, 4779 4 2 ______5168 Ch. X : 420______— 4517 1914 _3404, 3405, 3581, 3582, 4668, 4953 OI Reg. 1__ 3600, 3985 19 CFR 1915______3583, 4669, 4954 1930 ______4508 33 CFR 1______4507, 4508 1931 ______4508 3509. 4510, 4511,4977 4______.4750, 5175 1932 ______4508 117______1 2 7 ______3409, 3509 6______— .3595, 5175 1934______3313 _ 5171 9— ______5175 209 .4390, 5175 10______25 CFR Proposed Rules: 11— ^______5175 4269 P roposed R u le s: 117 22______. 3192,4750 3087,4518 23______5175 112______— 4402 401______25______4750 123______5175 26 CFR 35 CFR 148,______5175 ______3040, 3963 153—______— ____ 5175 3189,3598,4253,4255, 4257-4259 101 - ______3963 101------__ 3 9 6 3 3 3314 P roposed R u l e s: 53______3314, 4324, 4577 3334 1—______147 36 CFR 3040 8______4515 301______4258, 5171 010 3509 12______4261 601______4954 « 7 ------— ______4 9 7 7 133______4515 P roposed R u l e s : Proposed R ules: 20 CFR 1______3334, 3985, 4337, 4342 0 4405 “ ------4 4 0 0 238______3596 28 CFR 404 ______3596, 3597 16 ______4391, 4952 . ------405 ______- ______3597 17 ______3566 3051,4710 410______—______3597 327______422______3597 29 CFR 37 CFR P roposed R u l e s: 7 0 - 3192 3045 401______3608 102. 3961 ------3 0 « 404______3609, 5182 460. 4508

FEDERAL REGISTER, 'VOL. 38, N O . 37— M ONDAY, FEBRUARY 26, 1973 FEDERAL REGISTER 5217

37 CFR—Continued Page 42 CFR— Continued Page 47 CFR— Continued Page Proposed R ules : P roposed R u l e s : P roposed R ules : 1 ______4581 37__------4263, 4268 1------_------3336 2 ______4581 51a— ------3991 2— ------4353 200___ 3991 25------4581 38 CFR 43 CFR 63------3995 3______4511 73------3337, 18______3385, 4978 Proposed R u l e s: 3998, 4358, 4582, 4676, 5192, 5193 3 ------P ublic 3202 L and O rders : 89------.___------3338, 4353 21______4522 5320______3194 91------3338 5328____ 3601 93__---- 3338 39 CFR P roposed R ules • 49 CFR 262______3599 2070____ 4403 1------, ----- :------3601 3001______3510, 4324, 4750, 4753 6250______4403 171,------___------4332, 4397 6290-______4403 173 -- 4397 40 CFR 174 ------: 4332, 4399 52 ______3599 45 CFR 175 ------4332, 4399 180______3045, 3511, 4330, 4394, 4670 185______3450 177------4399 1100______3981 Proposed R ules 192------4760 1105______3511 393—_—______4332 51 _ - ______3083 P roposed R u l e s : 395------3984, 4511 52 _ 3085,3526, 4518 571------3047, 3331, 3601, 4399 85______5183 190______3228 575*------4400 105______5038 220—1 ,______4608 1003______3389 180______4275, 4718 221 _ 4608 1033______,___ 3332, 201______3086 222 ___ !______4608 3333, 3512, 3514, 4401, 4667, 5173, 202______3087 226______;______4608 5174 233______3200 1150— ______3389 41 CFR 1206 ______3602 1-15______4753 46 CFR 1207 ______3602 3-l______4667 146______3981, 4394, 5173 1240______1______— 3602 8 -1 -______4511 206______4952 1249______—, ______3602 15-1------3964 548 ______3982 1311______1 ______3389 60-40______3192 60-50______3511 P roposed R ules : P roposed R u l e s : 101—4______3328 35___ 4516 172 ____ ;______4270 101-26______;______r 3964 56______4516 173 ______4270 101-42______3046 74______4516 178------, ______4270 101-43______3046 , 93______4516 391------3364 101-44------.___ 3046 111______4414 393______, ____ 3412 101-45------± ______3047 191______4516 571_—•______3201, 4776 114-50______3965 531______3412 536______3412, 4779 50 CFR Proposed R ules : 544______: 4982 28___ — ____ 3047, 3515, 3603, 4512 3-4------3072 33____ 3047, 3390, 4512, 4762, 4978, 5175 60-2------3071 47 CFR 250------4670 60-3______4413 0 _ 4577 1 ______3982 P roposed R u l e s : 42 CFR 73______3312, 3388, 3983, 4331, 4578 28------4405 64b—------4715 97____ 4577 240------3517

FEDERAL REGISTER PAGES AND DATES— FEBRUARY Pages Date Pages Date 3031-3179. Feb. 1 4307-4373. Feb. 13 3181-3285. 2 4375-4490. 14 3287-3377 5 4491-4562. 15 3379-3496 6 4563-4641. 16 3497-3570. „ 4643-4701 20 ‘ 4703-4742. 21 3571-3943. * 8 4743-4928. 22 3945-4229. 9 4929-5144. 23 4231-4306 12 5145-5228. 26

FEDERAL REGISTER, VOL. 38, NO . 37— M ONDAY, FEBRUARY 26, 1973 No. 37—Pt. i. ■10

MONDAY, FEBRUARY 26, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 37

PART II

DEPARTMENT OF TRANSPORTATION Coast Guard

Equipment, Construction, and Materials 5220 NOTICES

DEPARTMENT OF TRANSPORTATION dated September 7, 1967, and Bureau of person capacity, identified by general ar­ Mines Approval Label No. 13D-16, man­ rangement Drawing No. P-2 4-ID, revi­ Coast Guard ufactured by Scott Aviation Corp., 225 sion P dated September 15,1972, 46 CFR [CGD 73-19 N] Erie Street, Lancaster, NY 14086, effec­ 160.035-13(c) Marking, Weights: Condi­ tive December 12, 1972. (It is an exten­ tion “ A” =3,994 pounds; Condition “B” EQUIPMENT, CONSTRUCTION, AND MATERIALS sion of Approval No. 160.011/44/0 dated — 11,114 pounds, manufactured by Ma­ December 15, 1967.) rine Safety Equipment Corp., foot of Approval Notice Wycoff Road, Farmingdale, N.J. 07727, L ifeboat W in ch es for M erchant V essels 1. Certain laws and regulations (46 effective December 12, 1972. (It super­ CFR Ch. I) require that various items Approval No. 160.015/102/0, Model sedes Approval No. 160.035/397/6 dated of lifesaving, firefighting, and miscel­ LS-111D survival capsule launching June 3, 1969, to show change in con­ laneous equipment, construction, and winch; approved as an alternate to a struction.) lifeboat winch for a maximum lowering materials used on board vessels subject B uoyant V ests, K apok, or F ibrous Glass to Coast Guard inspection, on certain load of 11,000 pounds on a single fall; motorboats and other recreational ves­ identified by assembly drawing 56834 Approval No. 160.047/574/0, adult, sels, and on the artificial islands and revision C dated November 9, 1972, and Model AK—1, standard kapok buoyant fixed structures on the outer Continental drawing list dated October 20, 1972, ap­ vest, manufactured in accordance with Shelf be of types approved by the Com­ proved for use on non-self-propelled USCG Specification Subpart 160.047 mandant, U.S. Coast Guard. The pur­ drilling rigs, artificial islands, and fixed and UL/MD report file No. MQ 151, man­ pose of this document is to notify all structures with the Whittaker Survival ufactured by Ero Industries, Inc., 1923- interested persons that certain approvals Capsule, manufactured by Welin Davit 34 North Washtenaw Avenue, Chicago, have been granted as herein described and Boat Division, Lake Shore, Inc., Iron IL 60647, for Sears, Roebuck, and Co., 925 during the period from November 20, Mountain, Mich. 49801, effective De­ South Homan Avenue, Chicago, IL 60607, 1972, to December 13, 1972 (List No. cember 5,1972. effective December 7,1972. (It supersedes Approval No. 160.047/574/0 dated Sep­ 37-72). These actions were taken in D avits for M erchant V essels accordance with the procedures set forth tember 29,1969.) Approval No. 160.032/189/0, fixed grav­ in 46 CFR 2.75-1 to 2.75-50. Approval No. 160.047/575/0, child me­ ity davit, Type S-30-22; approved for a 2. The statutory authority for equip­ dium, Model CKM-1, standard kapok maximum working load of 20,000 pounds bouyant vest, manufactured in accord­ ment, construction, and material ap­ per set (10,000 pounds per arm) using provals is generally set forth in sections ance with USCG Specification Subpart two-part falls; identified by general ar­ 160.047 and UL/MD Report File No. 367, 375, 390b, 416, 481, 489, 526p, and rangement Drawing Dl-F-231, revision 1333 of title 46, United States Code, sec­ MQ 151, manufactured by Ero Industries, A dated October 30, 1972, and drawing Inc., 1923-34 North Washtenaw Avenue, tion 1333 of title 43, United States Code, list DL-S-30-22, revision A dated No­ and section 198 of title 50, United States Chicago, IL 60647, for Sears, Roebuck vember 15,1972, manufactured by Marine and Co., 925 South Homan Avenue, Chi­ Code. The Secretary of Transportation Safety Equipment Corp., foot of Wycoff has delegated authority to the Comman­ cago, IL 60607, effective December 7,1972. Road, Farmingdale, N.J. 07727, effective (It supersedes Approval No. 160.047/575/0 dant, U.S: Coast Guard with respect to December 8,1972. these approvals (49 CFR 1.46(b)). The dated September 29, 1969.) specifications prescribed by the Com­ M echanical D isengaging A pparatus, Approval No. 160.047/576/0, child mandant, U.S. Coast Guard for certain L ifeboat, for M erchant V essels small, Model CKS-1, standard kapok buoyant vest, manufactured in accord­ types of equipment, construction, and Approval No. 160.033/28/7, Rottmer materials are set forth in 46 CFR Parts ance with USCG Specification Subpart type, size 299 releasing gear, approved 160.047 and UL/MD Report File No. MQ 160 to 164. for maximum working load of 15,720 3. The approvals listed in this docu­ 151, manufactured by Ero Industries, pounds per set (7,860 pounds per h ook ), Inc., 1923-34 North Washtenaw Avenue, ment shall be in effect for a period of identified by arrangement Drawing No. 5 years from the date of issuance, un­ Chicago, IL 60647, for Sears, Roebuck WBA 7005, revision B dated October 23, and Co., 925 South Homan Avenue, Chi­ less sooner canceled or suspended by 1972, formerly manufactured by Welin proper authority. cago, IL 60607, effective December 7, Davit and Boat Division of Continental 1972. (It, supersedes Approval No. 160.- Copper & Steel Industries, Inc., and Lane G as M ask s, S elf-C ontained B reathing 047/576/0 dated September 29, 1969.) Lifeboat Division of Lane Marine Tech­ A pparatus, and S u pplied-A ir R espira­ Approval No. 160.047/638/0, adult, tors, for M erchant V essels nology, Inc., manufactured by Welin Davot & Boat Division, Lake Shore, Inc., Model AK-1, standard kapok buoyant Approval No. 160.011/43/0, Scott/ Iron Mountain, Mich. 49801, effective No­ vest, manufactured in accordance with Draeger BG-174 (800511-00), permissi­ vember 20, 1972. (It supersedes Approval USCG Specification Subpart 160.047 and ble self-contained 2 hour compressed No. 160.033/28/6 dated April 21, 1972, to UL/MD Report File No. MQ 149, manu­ oxygen breathing apparatus, Bureau of show change in construction.) factured by Miltco Products Corp., 129 Mines Approval No. 13D-16, only for use Emerson Place, Brooklyn, NY 11205, for with BM-13D-16 facepiece and BM- L ifeboats Elvin Salow Co., 15 East Street, Boston, 13D-16 sorbent canister, Scott assembly Approval No. 160.035/381/4, 24' x 8'. x MA 02211, effective December 7, 1972. Drawing No. 800511, revision F dated 3.5' fibrous glass reinforced plastic Approval No. 160.047/639/0, child me­ December 11, 1967, Modification Sheet (FRP), oar-propelled lifeboat, 40-person dium, Model CKM-1, standard kapok dated September 7, 1967 and Bureau of capacity, identified by general arrange­ buoyant vest, manufactured in accord­ Mines Approval Label No. 13D-16, man­ ment Drawing No. P-24-1A, revision G, ance with USCG Specification Subpart ufactured by Scott Aviation Corp., 225 dated September 15, 1972, 46 CFR 160.- 160.047 and UL/MD Report File No. MQ Erie Street, Lancaster, NY 14086, effec­ 035-13(c) Marking, Weights: Condition 149, manufactured by Miltco Products tive December 12, 1972. (It is an exten­ “A”=2,500 pounds; Condition “B” Corp., 129 Emerson Place, Brooklyn, Ni sion of Approval No. 160.011/43/0 dated =10,027 pounds, manufactured by Ma­ 11205, for Elvin Salow Co., 15 Easl December 15, 1967.) rine Safety Equipment Corp., foot of Street, Boston, MA 02211, effective ve- Approval No. 160.011/44/0, Scott/ Wycoff Road, Farmingdale, N.J. 07727, PATnhPi* 7 1Q79 Draeger BG-174 (800511-01), permissi­ effective December 13, 1972. (it super­ Approval No. 160.047/640/0, child ble self-contained 2 hour compressed sedes Approval No. 160.035/381/3 dated small, Model CKS-1, standard kapt* oxygen breathing apparatus, Bureau of May 21, 1969, to show change in con­ buoyant vest, manufactured in accor - Mines Approval No. 13D-16, only for use struction.) ance with USCG Specification Subpart with BM-13D-16 facepiece and BM- Approval No. 160.035/397/7, 24' x 8' x 160.047 and UL/MD Report File No. w* 13D-16 sorbent canister, Scott assembly 3.5' fibrous glass reinforced plastic 149, manufactured by Miltco pro(*u*L Drawing No. 800511, revision F dated (FRP), motor-propelled lifeboat, without Corp., 129 Emerson Place, Brooklyn, December 11, 1967, Modification Sheet radio cabin or searchlight (class 1), 37- 11205, for Elvin Salow Co., 15 East Stree,

FEDERAL REGISTER, VOL. 38, NO . 37— M O ND AY, FEBRUARY 26, 1973 NOTICES 5221

Boston, MA 02211, effective December 7, Specification Subpart 160.052 and UL/ dipped unicellular plastic foam “Water 1972. MD Report File No. MQ 132, manu­ Ski Jacket,” manufactured in accord­ factured by Goodenow Manufacturing ance with USCG Specification Subpart Buoyant Cu sh io n s, K apok, or F ibrous Co., 1363 West Sixth Street, Erie, PA 160.064 and UL/MD Report File No, MQ G lass 16505, effective December 7, 1972. (It 13, Type III Device, manufactured by Approval No. 160.048/32/0, group ap­ supersedes Approval No. 160.052/403/0 Groendyk Manufacturing Co., Inc. Route proval for rectangular and trapezoidal dated September 1, 1970.) II (south of town), Buchanan, Va. 24066, kapok buoyant cushions, USCG Specifi­ Approval No. 160.052/404/0, adult, effective December 7, 1972. cations Subpart 160.048, sizes and Model CV-L, nonstandard unicellular Approval No. 160.064/298/0, adult weights of kapok filling to be as per plastic foam buoyant vest, manufactured large, Model No. REC 1054, vinyl dipped Table 160.048-4(c) (1) (i), manufactured in accordance with USCG Specifica­ unicellular plastic foam “Water Ski by Miltco Products Corp., 129 Emerson tion Subpart 160.052 and UL/MD Re­ Jacket,” manufactured in accordance Place, Brooklyn, NY 11205, for Elvin port File No. MQ 132, manufactured with USCG Specification Subpart 160.064 Salow Co., 15 East Street, Boston, MA by Goodenow Manufacturing Co., 1363 and UL/MD Report File No. MQ 13, Type 02211, effective December 7, 1972. (It West Sixth Street, Erie, PA 16505, ef­ III Device, manufactured by Groendyk supersedes Approval No. 160.048/32/0 fective December 7, 1972. (It supersedes Manufacturing Co., Inc., Route 11 (south dated April 14,1970.) Approval No. 160.052/404/0 dated July 2, of town), Buchanan, Va. 24066, effective Buoyant V ests, U nicellular P lastic 1970.) December 7, 1972. F oam Approval No. 160.052/405/0, child Approval No. 160.064/371/0, adult medium, Model CV-M, nonstandard large, Model No. 1200, vinyl dipped uni­ Approval No. 160.052/304/0, adult, unicellular plastic foam buoyant vest, cellular plastic foam “Water Ski Vest,” Model LV-A, nonstandard unicellular manufactured in accordance with USCG manufactured in accordance with USCG plastic foam buoyant vests, manufac­ Specification Subpart 160.052 and UL/ Specification Subpart 160.064 and UL/ tured in accordance with USCG Specifi­ MD Report File No. MQ 132, manufac­ MD Report File No. MQ 24, Type III cation Subpart 160.052 and UL/MD Re­ tured by Goodenow Manufacturing Co., Device, manufactured by Quality Built port File No. MQ 132, manufactured by 1363 West Sixth Street, Erie, PA 16505, Products Co., Inc., 1832 East Commercial, Goodenow Manufacturing Co., 1363 West effective December 7,1972. (It supersedes Springfield, MO 65803, effective Novem­ Sixth Street, Erie, PA 16505, effective Approval Nq. 160.052/405/0 dated July 2, ber 21, 1972. December 7, 1972. (It ¡supersedes Ap­ 1970.) Approval No. 160.064/372/0, adult proval No. 160.052/304/0 dated April 29, medium, Model No. 1200, vinyl dipped 1968.) Approval No. 160.052/406/0, child small, Model CV-S, nonstandard uni­ unicellular plastic foam “Water Ski Approval No. 160.052/305/0, child me­ cellular plastic foam buoyant vest, manu­ Vest,” manufactured in accordance with dium, Model LV-M, nonstandard uni­ factured in accordance with USCG Spec­ USCG Specification Subpart 160.064 and cellular plastic foam buoyant vest, man­ ification Subpart 160.052 and UL/MD UL/MD Report File No. MQ 24, Type HI ufactured in accordance with USCG Report File No. MQ 132, manufactured Device, manufactured by Quality Built Specification Subpart 160.052 and UL/ by Goodenow Manufacturing Co., 1363 Products Co., Inc., 1832 East Commercial, MD Report File No. MQ 132, manufac­ West Sixth Street, Erie, PA 16505, effec­ Springfield, MO 65803, effective Novem­ tured by Goodenow Manufacturing Com­ tive December 7, 1972. (It supersedes ber 21, 1972. pany, 1363 West Sixth Street, Erie, PA Approval No. 160.052/406/0 dated July 2, Approval No. 160.064/373/0, adult 16505, effective December 7, 1972. (It 1970.) small, Model No. 1200, vinyl dipped uni­ supersedes Approval No. 160.052/305/0 cellular plastic foam “Water Ski Vest,” S pecial P urpose W ater S afety B uoyant dated April 29,1968.) manufactured in accordance with USCG D evices for D esignated U se O n A ll Approval No. 160.052/306/0, child Specification Sub part 160.064 and M otorboats and for G eneral U se O n small, Model LV-S, nonstandard unicel­ UL/MD Report File No. MQ 24, Type III M otorboats of C lasses A , 1, or 2 N ot lular plastic foam buoyant vest, manu­ Device, manufactured by Quality Built C arrying P assengers for H ire factured in accordance with USCG Spec- Products Co., Inc., 1832 East Commercial, mcation Subpart 160.052 and UL/MD Approval No. 160.064/294/0, child Springfield, MO 65803, effective Novem­ Report File No. MQ 132, manufactured small, Model No. REC 1050, vinyl ber 21, 1972. by Goodenow Manufacturing Co., 1363 dipped unicellular plastic foam “Water Approval No. 160.064/374/0, child West Sixth Street, Erie, PA 16505, effec­ Ski Jacket,” manufactured in accord­ medium, Model No. 1200, vinyl dipped tive December 7,1972. (It supersedes Ap- ance with USCG Specification Subpart unicellular plastic foam “Water Ski 5 2 « No* 160.052/306/0 dated April 29, 160.064 and UL/MD Report File No. MQ *a6o.) Vest,” manufactured in accordance with 13, Type III Device, manufactured by USCG Specification Subpart ¿60.064 and Approval No. 160.052/401/0, adult, Groendyk Manufacturing Co., Inc., Route UL/MD Report File No. MQ 24, Type n i Model BV-A, nonstandard unicellular II (south of town), Buchanan, Va. 24066, Device, manufactured by Quality Built P astic foam buoyant vest, manufactured effective December 7, 1972. Products Co., Inc., 1832 East Commercial, m accordant e with USCG Specification Approval No. 160.064/295/0, child Springfield, MO 65803, effective Novem­ wï w î 160052 and UL/MD Report File medium, Model No. REC 1051 vinyl ber 21, 1972. lwo « l02> manufactured by Goodenow dipped unicellular plastic foam “Water Approval No. 160.064/394/0, adult S/M, « f a c t o r i n g Co., 1363 West Sixth Ski Jacket,” maiiufactured in accordance Model No. 100D, cloth covered unicellular ber? ' PA 16505, effective Decem- with USCG Specification Subpart 160.- plastic foam “Yachtsman Buoyant Vest,” ifinne»« ^ supersedes Approval No. 064 and UL/MD Report File No. 13, Type manufactured in accordance with USCG 160.052/401/0 dated September 1, 1970.) III Device, manufactured by Groendyk Specification Subpart 160.064 and UL/ No. 160.052/402/0, child me- Manufacturing Co., Inc., Route 11 (south MD Report File No. MQ 47, Type III De­ luinr-’ii10^ b V-M, nonstandard unicel- of town), Buchanan, Va. 24066, effective vice, manufactured by Cut ‘N’ Jump Ski loam buoyant vest, manu- December 7,1972. Corp., 11525 Sorrento Valley Road, San ifinSf d ^ accordance with USCG Spec- Approval No. 160.064/296/0, adult .Diego, CA 92121, effective December 7, Renm.t™Subpart 160-052 and UL/MD small, Model No. REC 1052, vinyl dipped 1972. Oo ™eN°- MQ 132, manufactured by unicellular plastic foam “Water Ski Approval No. 160.064/396/0, adult SixthSt°W Manufacturing Co., 1363 West Jacket,” manufactured in accordance L/XL, Model No. 100F, cloth covered uni­ cemhpr^eeÎA?rie’ PA l 6505» effective De- with USCG Specification Subpart 160.064 cellular plastic foam “Yachtsman Buoy­ No lfin ni;o9/l2’ (It suPersedes Approval and UL/MD Report File No. MQ 13, Type ant Vest,” manufactured in accordance 1970.Î 052/402/0 dated September 1, III Device, manufactured by Groendyk with USCG Specification Subpart 160.064 Manufacturing Co., Inc., Route 11 (south and UL/MD Report File No. MQ 47, Type s n u iïfT i ,N°- !60.052/403/0, c of town), Buchanan, Va. 24066, effective HI Device, manufactured by Cut ‘N’ ceiiuiarM?deÀ Bv-S. nonstandard December 7, 1972. Jump Ski Corp., 11525 Sorrento Valley ufacturprtlaitic foam bu°yant vest, n Approval No. 160.064/297/0, adult Road, San Diego, CA 92121, effective De­ ured in accordance with Ui medium, Model No. REC 1053, vinyl cember 7, 1972.

FEDERAL REGISTER, VOL. 38, NO . 37— M O ND AY, FEBRUARY 26, 1973 5222 NOTICES

Approval No. 160.064/397/0, adult S/M , tive December 6,1972. (It is an extension used on board vessels subject to Coast Model No. 200H, cloth-covered unicellu­ of Approval No. 161.005/67/1 dated Guard inspection, on certain motorboats lar plastic foam “Sportsman Buoyant February 12,1968.) and other recreational vessels, and on the artificial islands and fixed structures Vest”, manufactured in accordance with S afety V alves (S team H eating B oilers) USCG Specification Subpart 160.064 and on the outer Continental Shelf be of UL/MD Report File No. MQ 47, Type III Approval No. 162.012/23/1, Series No. types approved by the Commandant, U.S. Device, manufactured by Cut ‘N’ Jump 12-200 pop safety valve, ASTM B62 Coast Guard. The purpose of this docu­ Ski Corp., 11525 Sorrento Valley Road, brass body, for steam heating boilers ment is to notify all interested persons San Diego, CA 92121, effective December and unfired steam generators Dwg. No. that certain approvals have been granted 7, 1972. 12-200, dated June 10, 1970, approved as herein described during the period Approval No. 160.064/398/0, adult for a maximum pressure of 15 p.s.i.g. in from December 14, 1972, to December L/XL, Model No. 200J, cloth-covered the following sizes: 27, 1972 (List No. 39-72). These actions unicellular plastic foam “Sportsman were taken in accordance -with the pro­ Buoyant Vest”, manufactured in accord­ Capacity cedures set forth in 46 CFR 2.75-1 to Part No. Size (inches) (pounds/hour) 2.75-50. ance with USCG Specification Subpart at 15 p.s.i.g. 160.064 and UL/MD Report File No. 2. The statutory authority for equip­ ment, construction, and material ap­ MQ 47, Type III Device, manufactured 12-205...... 2 2,500 by Cut ‘N’ Jump Ski Corp., 11525 Sor­ 12-206...... 3,529 provals is generally set forth in sections rento Valley Road, San Diego, CA 92121, 12-207...... 3 4,331 367, 375, 390b, 416, 481, 489, 526p, and effective December 7, 1972. 1333 of title 46, United States Code, sec­ Approval No. 160.064/421/0, adult manufactured by Consolidated Brass Co., tion 1333 of title 43, United States Code, small, Model No. 3015, cloth-covered uni­ Post Office Box 247, Matthews, NC 28105, and section 198 of title 50, United States cellular plastic foam “Flotation Jacket”, effective December 12, 1972. (It super­ Code. The Secretary of Transportation manufactured in accordance with USCG sedes Approval No. 162.012/23/0 dated has delegated authority to the Com­ Specification Subpart 160.064 and UL/ February 15, 1968 to show revision.) mandant, U.S. Coast Guard with respect MD Report File No. MQ 26, Type HI to these approvals (49 CFR 1.46(b)). The P ressure V acuum R elief V alves and specifications prescribed by the Com­ Device, manufactured by The Empress S pill V alves for T an k V essels Corp., 1144 South San Julian Street, mandant, U.S. Coast Guard for certain types of equipment, construction, and Los Angeles, CA 90015, effective Decem­ Approval No. 162.017/65/3, Figure No. materials are set forth in 46 CFR Parts ber 7,1972. • 110, pressure vacuum relief valve with lifting gear, atmospheric pattern, weight- 160 to 164. Approval No. 160.064/422/0, adult loaded poppets, bronze, Ni-Resist Type medium, Model No. 3015, cloth-covered 3. The approvals listed in this docu­ 2 (20 percent nickel cast iron) and stain­ ment shall be in effect for a period of 5 unicellular plastic foam “Flotation less steel Type 304, Dwg. No. 110-C, Alt. Jacket”, manufactured in accordance years from the date of issuance, unless 6 dated July 12, 1972, approved for 3", sooner cancelled or suspended by prop«1 with USCG Specification Subpart 160.064 4 ", 5 ", 6 ", 8 ", and 10" sizes, manufac­ and UL/MD Report File No. MQ 26, Type authority. tured by Mechanical Marine Co., Inc., L ifeboats III Device, manufactured by The Em­ 900 Fairmount Avenue, Elizabeth, NJ press Corp., 1144 South San Julian 07207, effective December 8,1972. (It su­ Approval No. 160.035/105/2, 26.0' x Street, Los Angeles, CA 90015, effective persedes Approval No. 162.017/65/3 9.0' x 3.8' steel, motor-propelled lifeboat, December 7,1972. dated August 12,1969.) Class 1, 48-person capacity, identified by Approval No. 160.064/423/0, adult general arrangement and construction large, Model No. 3015, cloth-covered uni­ B ackfire F lame C ontrol, G asoline E n ­ Dwg. No. 26-001-1 Rev. A dated Novem­ cellular plastic foam “Flotation Jacket”, g in e s; F lame A rresters; F or M er­ ber 19, 1972, this boat is built with manufactured in accordance with USCG chant V essels and M otorboats wooden or fibrous glass reinforced plas- Specification Subpart 160.064 and UL/ Approval No. 162.041/160/0, Barbron tic (FRP) removable interior, 46 CFR MD Report File No. MQ 26, Type III De­ backfire flame arrester, Part No. 57153B, 160.035-13(c) Marking, Weights: Con­ vice, manufactured by The Empress brass element, base and cover, also Part dition “ A” i=4,875 pounds; Condition Corp., 1144 South San Julian Street, Los No. 57153A, having anodized aluminum “ B ”=13,847 pounds, manufactured by Angeles, CA 90015, effective December 7, base and cover, opening in base is 4.250" Lane Lifeboat Division of Lane Marine 1972. in diameter, manufactured by Barbron Technology, Inc., 150 Sullivan Street, Brooklyn, NY 11231, effective Decem­ T elephone S ystem s, S ound-P owered Corp., 14580 Lesure Avenue, Detroit, MI 48227, effective December 5, 1972. ber 14, 1972. (It supersedes Approval No. Approval No. 161.005/66/1, sound- Approval No. 162.041/161/0, Barbron 160.035/105/1 dated December 22, 196/ powered telephone station, selective backfire flame arrester, Part No. 5713B, to show change in construction.) ringing, common talking, 19-station brass element, base and cover, also Part K its , F irst-A id, F or M erchant V essels maximum, bulkhead mounting, splash- No. 5713A, having anodized aluminum proof, with internal hand generator bell Approval No. 160.041/6/0, first-aid kit« base and cover, opening in base is 4.250" Model No. 24 L.B., assembly Dwg. No. i- and 115-volt a.c. or d.c. relay for addi­ in diameter, manufactured by Barbron tional signal, Dwg. 84-01, Alt. 1, dated 24-LB, revised January 14, 1953, mar*' Corp., 14580 Lesure Avenue, Detroit, Ml ing Dwg. No. 2-24-LB revised Jan­ December 14,1960, Model SWLR, for use 48227, effective December 5, 1972. in locations not exposed to the weather, uary 14, 1953, manufactured by manufactured by Hose-McCann Tele­ Dated: February 12,1973. Safety Equipment Division, K. W. Gf , phone Co., Inc., 524 West 23d Street, fen Co., Post Office Box 1306, Greenwich, G . H. R ead, CT 06830, formerly Pac-Kit Saiew New York, NY 10011, effective December Captain, U.S. Coast Guard, Act­ 6, 1972. (It is an extension of Approval Equipment Co., Inc., effective Decem­ ing Chief, Office of Merchant ber 18, 1972. (It is an extension o No. 161.005/66/1 dated February 12, Marine Safety. 1968.) Approval No. 160.041/6/0 dated [PR Doc.73-3447 Filed 2-23-73;8:45 am] Approval No. 161.005/67/1, sound- uary 3, 1968 and change of name « powered telephone station, selective manufacturer. ) ringing, common talking, 19-station [COD 73-26 N] S pecial P urpose W ater S afety B u o v ^ /npyimiim, bulkhead mounting, splash- D evices for D esignated use on EQUIPMENT, CONSTRUCTION, AND proof, with separately mounted hand MATERIALS M otorboats and for G eneral us generator bell and 115-volt a.c. or d.c. re­ M otorboats of C lasses A, 1» ° R lay for additional signal, Dwg. 85-01, Approval Notice C arrying P assengers for H ire Alt. 1, dated December 14, 1960, Model 1. Certain laws and regulations (46 Approval No. 160.064/369/0, SELR, for us^in locations not exposed to CFR Ch. I) require that various items of large, Model FJ55, cloth-covered urn the weather, manufactured by Hose- lular plastic foam “Camouflage McCanh Telephone Co., Inc., 524 West lifesaving, firefighting, and miscellaneous Coat”, manufactured in a c c o r d a n 23d Street, New York, NY 10011, effec­ equipment, construction, and materials FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 NOTICES 5223

USCG Specification Subpart 160.064 and Specification Subpart 160.064 and UL/ cal to that described in National Bureau UL/MD Report Pile No. MQ 29, Type i n MD Report Pile No. MQ 3, Type III of Standards Tests Report FR 3830 dated Device, manufactured by Stearns Manu­ Device, manufactured by Texas Water December 13, 1972, and Eastern Cold facturing Co., Division Street at 30th, St. Crafters, 912 North Beverly Drive, Storage Insulation letters dated May 15, Cloud, Minn. 56301, effective Decem­ Wichita Falls, T X 76307, for Hurtsboro 1972, and July 14, 1972, approved in a ber 22, 1972. Oak Flooring Co., Inc., Hurtsboro, Ala. nominal density of 3 pounds per cubic Approval No. 160.064/370/0 adult 36860, effective December 15, 1972. foot and in a 1-inch thickness, manu­ X-large, Model No. PJ55, cloth-coVered Approval No. 160.064/448/0, adult factured by Eastern Cold Storage Insu­ unicellular plastic foam “Camouflage medium, Model No. VAM, vinyl-dipped lation Co., 630 Third Avenue, New York, Hunter Coat”, manufactured in accord­ unicellular plastic foam “Sail ‘N’ Ski NY 10017, Plant: Cedar Grove, N.J., ance with USCG Specification Subpart Vest,” manufactured in accordance with effective December 27, 1972. 160.064 and UL/MD Report File No. MQ USCG Specification Subpart 160.064 and Dated: February 15, 1973. / 29, Type m Device, manufactured by UL/MD Report Pile No. MQ 3, Type IH Steams Manufacturing Co., Division Device, manufactured by Texas Water G. H. Read, Street at 30th, St. Cloud, Minn. 56301, Crafters, 912 North Beverly Drive, Captain, U.S. Coast Guard, Act­ effective December 22, 1972. Wichita Palls, TX 76307, for Hurtsboro ing Chief, Office of Merchant Approval No. 160.064/424/0, adult Oak Flooring Co., Inc., Hurtsboro, Ala. Marine Safety. S/M, Model No. 100DM, vinyl-dipped 36860, effective December 15, 1972. [FR Doc.73-3448 Filed 2-23-73:8:45 am] unicellular plastic foam “Yachtsman Approval No. 160.064/449/0, adult Buoyant Vest” , manufactured in accord­ large, Model No. VAL, vinyl-dipped uni­ [CGD 73-33N] ance with USCG Specification Subpart cellular plastic foam “Sail ‘N’ Ski Vest,” 160.064 and UL/MD Report Pile No. MQ manufactured in accordance with USCG EQUIPMENT,.CONSTRUCTION, AND 32, Type III Device, manufactured by Specification Subpart 160.064 and UL/ MATERIALS Cut ‘N’ Jump Ski Corp., 11525 Sorrento MD Report File No. MQ 3, Type HI Approval Notice Valley Road, San Diego, CA 92121, for Device, manufactured by Texas Water Mermatec, Inc., 11525 Sorrento Valley 1. Certain laws and regulations (46 Crafters, 912 North Beverly Drive, CFR Ch. I) require that various items of Road, San Diego, CA 92121, effective Wichita Palls, TX 76307, for Hurtsboro December 22, 1972. life-saving, firefighting, and miscellane­ Oak Flooring Co., Inc., Hurtsboro, Ala. ous equipment, construction, and mate­ Approval No. 160.064/425/0, adult 36860, effective December 15, 1972. I/XL, Model 100PM, vinyl-dipped unicel­ rials used on board vessels subject to lular plastic foam “Yachtsman Buoyant Approval No. 160.064/450/0, adult Coast Guard inspection, on certain Vest”, manufactured in accordance with X-large, Model No. VAXL, vinyl-dipped motorboats and other recreational ves­ USCG Specification Subpart 160.064 and unicellular plastic foam “Sail ‘N’ Ski sels, and on the artificial islands and UL/MD Report Pile No. MQ 32, Type HE Vest,” manufactured in accordance with fixed structures on the Outer Continental Device, manufactured by Cut ‘N’ Jump USCG Specification Subpart 160.064 and Shelf be of types approved by the Com­ Ski Corp., 11525 Sorrento Valley Road, UL/MD Report Pile No. MQ 3, Type III mandant, U.S. Coast Guard. The purpose San Diego, CA 92121, for Mermatec, Inc., Device, manufactured by Texas Water of this document is to notify all in­ 11525 Sorrento Valley Road, San Diego, Crafters, 912 North Beverly Drive, terested persons that certain approvals CA 92121, effective December 22, 1972 Wichita Palls, TX 76307, for Hurtsboro have been granted as herein described Approval No. 160.064/426/0, adult Oak Flooring Co., Inc., Hurtsboro, Ala. during the period from December 26, S/M, Model No. 200HM, vinyl-dipped 36860, effective December 15, 1972. 1972, to January 8, 1973 (List No. 3-73). unicellular plastic foam “ Sportsman B romotrifluoromethane-T y p e F ire These actions were taken in accordance Buoyant Vest”, manufactured in accord­ E xtinguishing S y ste m s with the procedures set forth in 46 CFR ance with USCG Specification Subpart 2.75-1 to 2.75-50. 160.064 and UL/MD Report File No. MQ Approval No. 162.035/2/1 Fyr-Fyter mandant, U.S. Coast Guard, for certain "2. Type III Device, manufactured by Marine Bromotrifluoromethane (CFaBr) 2. The statutory authority for equip­ Cut ‘N’ Jump Ski Corp., 11525 Sorrento Type Fire Extinguishing Systems for ment, construction, and material ap­ Valley Road, San Diego, CA 92121, for Hydrofoil Craft (Unmanned Spaces), provals is generally set forth in sections Mermatec, Inc., 11525 Sorrento Valley typical installation Dwg. No. C-9A730, 367, 375, 390b, 416, 481, 489, 526p, and r°ad, San Diego, CA 92121, effective Rev. 1 dated May 24,1965, manufactured 1333 of title 46, United States Code, sec­ December 22,1972 by Norris Industries, Fire & Safety tion 1333 of title 43, United States Code, Equipment Division, Post Office Box T Approval No. 160.064/427/0, adull and section 198 of title 50, United States WXL, Model No. 200JM, vinyl-dippe< 2750, Newark, NJ 07114, effective De­ Code. The Secretary of Transportation unicellular plastic foam- “ Sportsmai cember 15, 1972. (It is an extension of has delegated authority to the Comman­ Approval No. 162.035/2/1 dated Decem­ uoyant Vest”, manufactured in accord dant, U.S. Coast Guard, with respect ber 29,1967.) is«USCG Specification Subpar to these approvals (49 CFR 1.46(b) j. The ibO.064 and UL/MD Report Pile No. MC I ncombustible M aterials F or specifications prescribed by the Com­ 7£Pe *** Device, manufactured b; M erchant V essels mandant, U.S. Coast Guard for certain types of equipment, construction, and Vafi N ^ ump Ski c orP-» H525 Sorrento Approval No. 164.009/157/0, “ECISCO w““ ey San Diego, CA 92121, fo materials are set forth in 46 CFR Parts Incombustible Aluminum Foil Faced 160 to 164. Inc., 11525 Sorrento Valle; Fibrous Glass Insulation Blanket”, fi­ i w U San Diego, CA 97121, effectiv. 3. The approvals listed in this docu­ December 22, 1972. brous glass type incombustible material ment shall be in effect for a period of identical to that described in National 5 years from the date of issuance, un­ mivKPr0Val No- 160.064/446/0, chili Bureau of Standards Test Report FR less sooner canceled or suspended by uniJnfi Model No- VCM, vinyl-dippe< 3830 dated December 13, 1972, and East­ proper authority. Ves5?1lJar p!astic foam “ Sail ‘N’ Sk ern Cold Storage Insulation Co., letters Uspo ^PPlu-ctured in accordance wit! dated May 15,1972, and July 14,1972, ap­ Life Preservers, Fibrous Glass, Adult and UL/\m ? fClflcation Subpart 160.064 an< proved in a nominal density of 1-2 Child (Jacket T ype) Models 52.and 56 iw J P S !Porj ; mie No- MQ 3, Type n pounds per cubic foot and in a 1-inch Note: Approved for use on all vessels and motorboats. Crafted i.l? actured by Texas Wate thickness, manufactured by Eastern Wichita’won12 J£rorttl Beverly Drive Cold Storage Insulation Co., 630 Third Approval No. 160.005/15/0, Model 52 Oak 76307, for Hurtsbori Avenue, New York, NY 10017, Plant: adult fibrous glass life preserver, USCG 36860 Co,> Inc-> Hurtsboro, Ala Cedar Grove, N.J., effective December Specification Subpart 160.005, manu­ T 0> A ctive December 15, 1972 27, 1972. factured by Atlantic-Pacific Manufac­ 160.064/447/0, itdul Approval No. 164.009/161/0, “ ECISCO turing Corp., 124 Atlantic Avenue, cellular VAS’ vinyl-dipped uni Incombustible Aluminum Foil Faced Fi­ Brooklyn, NY 11201, effective January 4, lna S c tS S Cffoam “ SaU ‘N’ Ski Vest” brous Glass Marine Hull Board”, fibrous 1973. (It is an extension of Approval wactured m accordance with USCC glass type incombustible material identi­ No. 160,005/15/0 dated March 15, 1968.)

FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 5224 NOTICES

Approval No. 160.005/16/0, Model 56 eral arrangement drawing SPC-MM- W ork V est, U nicellular P lastic child fibrous glass life preserver, USCG 4002 (Rev. 6) dated October 5, 1972, and F oam Specification Subpart 160.005, manu­ drawing list SPC-MM-4, revised Octo­ factured by Atlantic-Pacific Manufac­ ber 6, 1972, manufactured by Switlik Approval No. 160.053/14/0, unicellu­ turing Corp., 124 Atlantic Avenue, Parachute Co., Inc., 1325 East State lar plastic foam work vest, drawing Nos. Brooklyn, NY 11201, effective January 4, Street, Trenton, NJ 08607, effective Jan­ 20, 21, and 22, and bill of materials dated 1973. (It is an extension of Approval uary 8,1973. (It supersedes Approval No. May 21, 1963, manufactured by Craw­ No. 160.005/16/0 dated March 15, 1968.) 160.051/13/1 dated August 16, 1967, to ford Manufacturing Co., Inc., Third and show change in design.) Decatur Streets, Richmond, Va. 23212 L ifeboat W inches for M erchant and 12th and Graham Streets. Emporia, Approval No. 160.051/14/1, 6-person V essels Kans. 66801, effective January 4, 1973. inflatable liferaft; identified by gen­ (It is an extension of Approval No. Approval No. 160.015/103/0, Type eral arrangement drawing SPC-MM- 160.053/14/0 dated March 20, 1968.) 55GH-MKHI lifeboat winch; approval is 6002 (Rev. 5) dated October 4, 1972, limited to mechanical components only and drawing list SPC-MM-6, revised F ire -P rotective S ystems and for a maximum working load of October 6, 1972, manufactured by Swit­ 11,000 pounds pull at the drums (5,500 Approval No. 161.002/10/0, combina­ lik Parachute Co., Inc., 1325 East State tion manual fire alarm station and test pounds per fall); identified by general Street, Trenton, NJ 08607, effective Jan­ arrangement drawing No. W1-F-002-H, station, for use in dry locations only, uary 8,1973. (It supersedes Approval No. manufactured by Henschel Corp., Ames- Revision B, dated June 7,1972, and draw­ 160.051/14/0 dated June 21, 1971, to ing list, Revision A, dated November 15, bury, Mass. 01913, effective January 3, show change in .design.) 1973. (It is an extension of Approval fro. 1972, manufactured by Marine Safety Approval No. 160.051/15/3, 8-person 161.002/10/0 dated February 13,1968.) Equipment Corp., Foot of Wycoff Road, inflatable liferaft; identified by gen­ Farmingdale, N.J. 07727, effective Jan­ eral arrangement drawing SPC-MM- T elephone S yst e m s, S oun d-P owered uary 2,1973. 8002 (Rev. 8) dated October 3, 1972, Approval No. 161.005/36/3, sound pow­ M echanical D isengaging A pparatus, and drawing list SPC-MM-8, revised ered telephone handset, Type 333 or Type L ifeboat, for M erchant V essels October 6,1972, manufactured by Switlik 331-1, identified by Drawing No A-257, Parachute Co., Inc., 1325 East State Alternate 5, revision 2 dated December 27, Approval No. 160.033/39/4, Rottmer Street, Trenton, NJ 08607, effective Jan­ 1957, for use with approved sound pow­ Type S-l releasing gear, approved for uary 8,1973. (It supersedes Approval No. ered telephone stations, manufactured by a maximum working load of 21,300 160.051/15/2 dated August 16, 1967, to Stromberg-Carlson Corp., Post Office pounds per set (10,650 pounds per hook), show change in design.) Box 1288, Charlottesville, VA 22902, ef­ identified by hoist gear assembly draw­ fective January 3, 1973. (It is an exten­ ing No. M-115-1, Rev. E dated March 15, Approval No. 160.051/16/3, 10-person inflatable liferaft; identified by gen­ sion of Approval No. 161.005/36/3 dated 1968, manufactured by Marine Safety Mar. 15,1968.) Equipment Corp., Foot of Wycoff Road, eral arrangement drawing SPC-LRC- Farmingdale, N.J. 07727, effective Jan­ 10002 (Rev. 8) dated October 3, 1972, S afety V alves: (P o w er B oilers) and drawing list SPC-MM-10, revised uary 3, 1973. (It is an extension of Ap­ Approval No. 162.001/229/0, Style HC- proval No. 160.033/39/4 dated March 15, October 6,1972, manufactured by Switlik Parachute Co., Inc., 1325 East State MS-35 carbon steel body pop safety valve, 1968, and change of address of nozzle type, exposed spring fitted with manufacturer.) Street, Trenton, NJ 08607, effective Jan­ uary 8,1973. (It supersedes Approval No. spring cover, 775 p.s.i. primary service K it s , F irst-A id, for M erchant V essels 160.051/16/2 dated August 16, 1967, to pressure rating, 675° F. maximum tem­ show change in design.) perature, approved for sizes \W* Approval No. 160.041/5/0-, first-aid kit, 2y2" , and 3", manufactured by Crosby Model G-12, assembly drawing No. B- Approval No. 160.051/18/3, 15-person Valve & Gage Co., Wrentham, Mass. 12596 dated September 9, 1952, manu­ inflatable liferaft; identified by gen­ 02093, effective January 5, 1973. (It su­ factured by Mine Safety Appliances Co., eral arrangement drawing SPC-LRC- persedes Approval No. 162.001/229/0 201 -North Braddock Avenue, Pittsburgh, 15002 (Rev. 7) dated October 3, 1972, dated February 27,1968.) PA 15208, effective January 3, 1973. (It and drawing list SPC-MM-15, revised October 6,1972, manufactured by Switlik Approval No. 162.001/230/0, Style HC- is an extension of Approval No. 160.041/ MS-36 carbon steel body pop safety valve, 5/0 dated February 16, 1968.) Parachute Co., Inc., 1325 East State Street, Trenton, NJ 08607, effective Jan­ nozzle type, exposed spring, fitted with P u m ps, B ilge, L ifeboat, for M erchant uary 8,1973. (It supersedes Approval No. spring cover, 775 p.s.i. primary service V essels 160.051/18/2 dated August 16, 1967, to pressure rating, 750° F. maximum tem­ show change in design.) perature, approved for sizes \xk'\ 2", Approval No. 160.044/5/1, size No. 3 2y2" , and 3 ", manufactured by Crosby lifeboat bilge pump, identified by gen­ Approval No. 160.051/19/3, 20-person Valve & Gage Co., Wrentham, Mass. eral assembly drawing No. 228, Revision inflatable liferaft; identified by gen­ 02093, effective January 5, 1973. (It su­ C, dated February 25, 1958, manufac­ eral arrangement drawing SPC-MM- persedes Apprpval No. 162.001/230/0 tured by Allied Marine Equipment Corp., 20002 (Rev. 7) dated October 4, 1972, dated February 27,1968.) Division of Tap-Rite Products, 204 Rail­ and drawing list SPC-MM-20, revised Approval No. 162.001/233/0, Style HC- road Avenue, Hackensack, NJ 07601, ef­ October 6,1972, manufactured by Switlik MS-65 carbon steel body pop safety valve, fective January 3, 1973. (It is an exten­ Parachute Co., Inc., 1325 East-State nozzle type, exposed spring fitted with sion of Approval No. 160.044/5/1 dated Street, Trenton, NJ 08607, effective Jan­ spring cover, 1,500 p.s.i. primary service March 15,1968.) uary 8,1973. (It supersedes Approval No. pressure rating, 675° F. maximum tem­ 160.051/19/2 dated August 16, 1967, to Approval No. 160.044/14/0, size No. 3 perature with standard inlet flange; lifeboat bilge pump, Model BM-519CG show change in design.) p.s.i. primary service pressure rating, identified by drawing No. P.C. 6514 dated Approval No. 160.051/20/3, 25-person 675° F. maximum temperature with op­ March 7, 1963, manufactured by Beck- inflatable liferaft; identified by gen­ tional inlet flange, approved for sizes son Manufacturing, Inc., Box 3336, eral arrangement drawing SPC-MM- iy 2" , 2 ", 2y2" , and 3” , manufactured Dy 25002 (Rev. 8) dated October 4, 1972, Bridgeport, CT 06605, effective Janu­ Crosby Valve & Gage Co., Wrentham, and drawing list SPC-MM-25, revised ary 3, 1973. (It is an extension of Ap­ Mass. 02093, effective January 5,1973. uj October 6,1972, manufactured by Switlik supersedes Approval No. 162.001/233/ proval No. 160.044/14/0 dated March 8, Parachute Co., Inc., 1325 East State dated February 27,1968.) 1968.) Street, Trenton, NJ 08607, effective Jan­ Approval No. 162.001/234/0, Style Hfc- I nflatable L iferafts uary 8,1973. (It supersedes Approval No. MS-66 carbon steel body pop safety valve, Approval No. 160.051/13/2, 4-person 160.051/20/2 dated August 16, 1967, to nozzle type, exposed spring fitted wi inflatable liferaft; Identified by gen­ show change in design.) spring cover, 1,500 p.s.i. primary servi

FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 NOTICES 5225 pressure rating, 750° F. maximum tem­ ary 5, 1973. (It supersedes Approval No. 2 V2 ", 700 p.s.i. primary service pressure perature with standard inlet flange; 1,275 162.001/248/0 dated February 27, 1968.) rating, 1,020° F. maximum temperature p.s.i. primary service pressure rating, Approval No. 162.001/249/0, Style with standard inlet flange, approved for 750° F. maximum temperature with op­ HS-MS-16 carbon steel pop safety valve, sizes 3 " and 4 ", 465 pjs.i. primary service tional inlet flange, approved for sizes flanged nozzle type, exposed spring fit­ pressure rating, 1,020° F. maximum tem­ iy2", 2” , 21/2", and 3", manufactured by ted with spring cover, 300 p.s.i. primary, perature with optional inlet flange, ap­ Crosby Valve & Gage Co., Wrentham, service pressure rating, 750° F. maximum proved for sizes IV2 " , 2", 2%", 3", and Mass. 02093, effective January 5,1973. (It temperature with standard inlet flange, 4", manufactured by Crosby Valve & supersedes Approval No. 162.001/234/0 100 p.s.i. primary service pressure rating, Gage Co., Wrentham, Mass. 02093, ef­ dated February 27,1968.) 750° F. maximum temperature with op­ fective January 5, 1973. (It supersedes Approval No. 162.001/235/0, Style HCA- tional inlet flange, approved for sizes Approval No. 162.001/254/0 dated Febru­ MS-37 alloy steel body pop safety valve, IV2 " , 2 ", 2Vz” , 3 ", and 4 ", manufaCr ary 27, 1968.) nozzle type, exposed spring fitted with tured by Crosby Valve & Gage Co., Wren­ F ire E xtinguishing S yst e m s, F oam T y p e spring cover, 700 p.s.i. primary service tham, Mass. 02093, effective January 5, pressure rating, 900° F. maximum tem­ 1973. (It supersedes Approval No. 162.- Approval No. 162.033/2/1, National perature with standard inlet flange; 775 001/249/0 dated February 27, 1968.) Aer-O-Foam Marine Foam Fire Extin­ p.s.i. primary service pressure rating, Approval No. 162.001/250/0, Style guishing Systems with Aer-O-Foam 900° F. maximum temperature with op­ HSA-MS-17 alloy steel body pop safety Liquid 3 percent Regular, Instruction tional inlet flange, approved for sizes valve, flanged nozzle type, exposed spring Sheet 626A revised January 27, 1970, iy2", 2", 21/2", and 3", manufactured by fitted with spring cover, 300 p.s.i. pri­ manufactured by National Foam System, Crosby Valve & Gage Co., Wrentham, mary service pressure rating, 900° F. Inc., Union and Adam Streets, West Mass. 02093, effective January 5,1973. (It maximum temperature with standard Chester, Pa. 19380, effective January 3, supersedes Approval No. 162.001/235/0 inlet flange; 70 p.s.i. primary service pres­ 1973. (It is an extension of Approval No. dated February 27,1968.) sure rating, 900° F. maximum tempera­ 162.033/2/1 dated March 26, 1968.) Approval No. 162.001/236/0, Style ture with optional inlet flange, approved F ire E xtinguishing S yst e m s, W ater HCA-MS-38 alloy steel body pop safety for sizes IV2 ” , 2 ", 21/£", 3” , and 4", S pray T y pe valve, nozzle type, exposed spring fitted manufactured by Crosby Valve & Gage with spring cover, 400 p.s.i. primary serv­ Co., Wrentham Mass. 02093, effective Approval No. 162.036/1/0, Akron Fog- hed Systems, water spray type fire ex­ ice pressure rating, 1,050° F. maximum January 5, 1973. (It supersedes Approval tinguishing systems, for tank vessel temperature with standard inlet flange; No. 162.001/250/0 dated February 27, 595 p.s.i. primary service pressure rating, 1968.) pump rooms, Foghed Models 1" BM-54, 1,050° F. maximum temperature with-op­ 1" DM—24, % " BM-15, i /2 " 5DM-34, and Approval No. 162.001/251/0, Style H S- V2 " DM-15, typical system drawing tional inlet flange, approved for sizes MS-45 carbon steel body pop safety 1/2", 2", 2y2" , and 3", manufactured by No. D-6636, Rev. C, dated March 6, 1962, valve, flanged nozzle type, exposed manufactured by Akron Brass Co., Post Crosby Valve & Gage Co., Wrentham, spring fitted with spring cover, 900 p.s.i. Mass. 02093, effective January 5, 1973. Office Box 86, Wooster, OH 44691, effec­ primary service pressure rating, 650° F. tive January 3, 1973. (It is an extension (It supersedes Approval No. 162.- maximum temperature, approved for 001/236/0 dated February 27, 1968.) of Approval No. 162.036/1/0 dated sizes IVz", 2 ", 2Y2 ", 3", and 4", manu­ Approval No. 162.001/239/0, Style March 20, 1968.) factured by Crosby Valve & Gage Co., Approval No. 162.036/2/0, Bete water HCA-MS-67 alloy steel body pop safety Wrentham, Mass. 02093, effective Janu­ valve, nozzle type, exposed spring fitted spray system for tank vessel pump ary 5, 1973. (It supersedes Approval No. rooms, nozzle Model Nos. N3S, N3WS, with spring cover, 1,500 p.s.i. primary 162.001/251/0 dated February 27, 1968.) service pressure rating, 900° F. maximum N5S, and N5WS, layout drawing Approval No. 162.001/252/0, Style H S- Nos. 4S-453-B, 4S-454-B, 4S-455-B, temperature with standard inlet flange; MS-46 carbon steel body pop safety 1.050 p.s.i. primary service pressure rat­ and 4S-456-B, all revised May 5, 1958, valve, flanged nozzle type, exposed spring manufactured by Bete Fog Nozzle, Inc., ing, 900° F. maximum temperature with fitted with spring cover, 900 p.s.i. pri­ optional inlet flange, approved for sizes 309 Wells Street, Greenfield, MA 01301, mary service pressure rating, 750° F. effective January 3,1973. (It is an exten­ 172", 2", 2Yz” , and 3", manufactured maximum temperature with standard cy Crosby Valve & Gage Co., Wrentham, sion of Approval No. 162.036/2/0 dated inlet flange; 850 p.s.i. primary service March 20, 1968.) Mass. 02093, effective January 5, 1973. pressure rating, 750° F. maximum tem­ (It supersedes Approval No. 162.- perature with optional inlet flange, ap­ I ncombustible M aterials for 001/239/0 dated February 27, 1968.) proved for sizes 1 % ", 2 ", 2 % " , 3 ", and M erchant V essels Approva! No. 162.001/240/0, Style 4", manufactured by Crosby Valve & HCA-MS-68 alloy steel body pop safety Approval No. 164.009/37/0, “Foster In­ Gage Co., Wrentham, Mass. 02093, ef­ sulfas Sealer 31-26” composition type in­ ™jye. nozzle type, exposed spring fitted fective January 5, 1973. (It supersedes combustible material consisting solely of with spring cover, 995 p.s.i. primary serv­ Approval No. 162.001/252/0 dated Febru­ ice pressure rating, 1,050° F. maximum Foster 31-26 Noncombustible Coating ary 27, 1968.) and Sealfas Open Weave Glass Cloth, wmperature with standard inlet flange; Approval No. 162.001/253/0, Style identical to that referred to in National 1 nnftoS,i* prim.ary service pressure rating, HSA-MS-47 alloy steel body pop safety Bureau of Standards Test Report No. tin i maximum temperature with op- valve, flanged nozzle type, exposed spring TG10210-1974:FP3363, dated April 30, li/1}, .m let flange, approved for sizes fitted with spring cover, 900 p.s.i. primary 1956, formerly “Fiberseal” ; also formerly Prl ii » and 3", manufactured by service pressure rating, 900° F. maxi­ “Foster Fiberseal Sealer,” manufactured Mo«c, nn/»a^ve & Gage Co., Wrentham, mum temperature with standard inlet Mass. 02093, effective January 5, 1973. by Foster Division, Amchem Products, flange; 700 p.s.i. primary service pressure Inc., Ambler, Pa. 19002, formerly Benja­ « supersedes Approval No. 162.- rating, 900° F. maximum temperature u1/240/0 dated February 27,1968.) min Foster Co., effective December,^, with optional inlet flange, approved for 1972. (It supersedes Approval No. 164.- A S N°- 162.001/248/0, Style sizes IV2 " , 2 ", 2y2" , 3", and 4” , manu­ 009/37/0 dated June 5, 1969, to show vaivp a 15 car^on steel body pop safety factured by Crosby Valve & Gage Co., change of name of manufacturer.) nozzIe type, exposed spring Wrentham, Mass. 02093, effective Janu­ Approval No. 164.009/78/0, “Foster In­ servipJ« h spring c°ver, 300 p.s.i. primary ary 5, 1973. (It supersedes Approval No. sulfas Adhesive 81-15” composition type teS S ilressure rating. 650° F. maximum 162.001/253/0 dated February 27, 1968.) incombustible material, identical to that ^mperature with standard inlet flange; Approval No. 162.001/254/0, Style referred to in National Bureau of Stand­ 650° p JPr , ary service pressure rating, HSA-MS-48 alloy steel body pop safety ards Test Report No. TG10210-2107: tionai temperature with op- valve, flanged nozzle type, exposed spring FR3634 dated December 3, 1963, manu­ l 1^'' 2^le«i/fl.ange’ approved tor sizes fitted with spring cover, 900 p.s.i. primary factured by Foster Division, Amchem service pressure rating, 1,020° F. maxi­ Products, Inc., Ambler, Pa. 19002, for­ mum temperature with standard inlet merly Benjamin Foster Co., effective De­ flange, approved for sizes IV2 " , 2 ", and cember 26, 1972. (It supersedes Approval

FEDERAL REGISTER, VOL. 38, NO . 37— M O NDAY, FEBRUARY 26, 1973 5226 NOTICES

No. 164.009/78/0 dated June 5, 1969, to motorboats and other recreational ves­ 460/0, 160.047/461/0, and 160.047/462/0 show change of name of manufacturer.) sels, and on the artificial Islands and were therefore terminated effective Jan­ Approval No. 164.009/80/0, Foster In­ fixed structures on the Outer Continen­ uary 2,1973. sulfas Coating 31-30, composition type tal Shelf be of types approved by the The Atlantic-Pacific Manufacturing incombustible material, Identical to that Commandant, U.S. Coast Guard. The Corp., 124 Atlantic Avenue, Brooklyn, NY referred to in National Bureau of Stand­ purpose of this document is to notify all 11201, no longer manufactures certain ards Test Report No. TG10210-2109: interested persons that certain approv­ kapok buoyant vests for Herter’s, Inc., FR3636 dated May 11, 1964, manu­ als have been terminated as herein de­ Waseca, Minn. 56093 and Approval Nos. factured by Foster Division, Amchem scribed during the period from Octo­ 160.047/511/0, 160.047/512/0, and 160.- Products, Inc., Ambler, Pa. 19002, for­ ber 31, 1972, to January 2,1973 (List No. 047/513/0 were therefore terminated merly Benjamin Foster Co., effective 1-73). These actions were taken in ac­ effective January 2,1973. December 26, 1972. (It supersedes Ap­ cordance wit the procedures set forth The Safegard Corp., Box 66, Station B, proval No. 164.009/80/0 dated June 5, in 46 CFR 2.75-1 to 2.75-50. Cincinnati, OH 45214, no longer manu­ 1969, to show change of name of manu­ 2. The statutory authority for equip­ factures certain kapok buoyant vests for facturer.) ment, construction, and material ap­ Life Products Co., 930 York Street, Cin­ cinnati, OH 45214 and Approval Nos. Interior Finishes for Merchant Vessels provals is generally set forth in sections 367, 375, 390b, 416, 481, 489, 526p, and 160.047/514/0, 160.047/515/0, and 160.- Approval No. 164.012/5/0, CCC-W - 1333 of title 46, United States Code, sec­ 047/516/0 were therefore terminated 408a, Type II, medium weight coated, tion 1333 of title 43, United States Code, effective January 2, 1973. Quality V-275, UL Serial A 34741, vinyl- and section 198 of title 50, United States The Crawford Manufacturing Co., Inc., coated fabric wall covering (Vicrtex), to Code. The Secretary of Transportation Third and Decatur Streets, Richmond, be applied with manufacturer's adhesive has delegated authority to the Com­ Va. 23212 and 12th and Graham Streets, F1460W, manufactured by L. E. Carpen­ mandant, U.S. Coast Guard with respect Emporia, Kans. 66801, no longer manu­ ter & Co., Wharton, N.J. 07885, effective to these approvals (49 CFR 1.46 (b)). The factures certain kapok buoyant vests for January 2, 1973. specifications prescribed by the Com­ The Bowman Products Division, Associ­ Approval No. 164.012/6/0, CCC-W- mandant, U.S. Coast Guard for certain ated Spring Corp., 850 East 72d Street, 408a, Type I, light weight coated, Quality types of equipment, construction, and Cleveland, OH 44103 and Approval Nos. V-152, UL serial A 34740, vinyl-coated materials are set forth in 46 CFR Parts 160.047/535/0, 160.047/536/0, and 160.- fabric wall covering (Vicrtex), to be ap­ 160 to 164. 047/537/0 were therefore terminated plied with manufacturer’s adhesive 3. Notwithstanding the termination effective January 2, 1973. F1460W, manufactured by L. E. Car­ of approval listed in this document, the The Billy Boy Products, Lie., Quincy, penter & Co., Wharton, N.J. 07885, effec­ equipment affected may be used as long Mich. 49082, no longer manufactures tive January 2, 1973. as it remains in good and serviceable certain kapok buoyant vests for Sears, Approval No. 164.012/7/0, CCC-W - condition. Roebuck and Co., 925 South Homan Ave­ 408a, Type I, lightweight laminate, Qual­ Lifeboats nue, Chicago, IL 60607 and Approval Nos. ity VW-73 (L), UL Serial F 22215, vinyl- 160.047/548/0 and 160.047/549/0 were coated fabric wall covering (Vicrtex), to The Marine Safety Equipment Corp., therefore terminated effective Decem­ be applied with manufacturer’s adhesive foot of Wycoff Road, Farmingdale, N.J. ber 27,1972. F1460W, manufactured by L. E. Car­ 07727, Approval No. 160.035/279/2 ex­ The Parkway Manufacturing Co., sub­ penter & Co., Wharton, N.J. 07885, effec­ pired and was terminated effective No­ sidiary of Crawford Manufacturing Co, tive January 2, 1973. vember 30,1972. Inc., Third and Decatur Streets, Rich­ Approval No. 164.012/8/0, CCC-W - The Marine Safety Equipment Corp., mond, Va. 23212, and 12th and Graham 408a, Type I, lightweight laminated plus foot of Wycoff Road, Farmingdale, N.J. Streets, Emporia, Kans. 66801, no longer tedlar, Quality VR-74 (R), UL Serial F 07727, Approval No. 160.035/442/1 ex­ manufactures certain kapok buoyant 9531, vinyl-coated fabric wall covering pired and was terminated effective Octo­ vests and Approval Nos. 160.047/550/0, (Vicrtex) to be applied with manu­ ber 31, 1972. 160.047/551/0, and 16Ó.047/552/0 were facturer’s adhesive F1460W, manu­ Buoyant Vests, Kapok, or Fibrous Glass therefore terminated effective Decem- factured by L. E. Carpenter & Co., ber 27,1972. Wharton, N.J. 07885, effective January 2, The Crawford Manufacturing Co., The Elvin Salow Co., 273-285 Congress 1973. Inc., Third and Decatur Streets, Rich­ Street, Boston, MA 02210, no longer Approval No. 164.012/9/0, CCC-W - mond, Va. 23212 and 12th and Graham manufactures certain kapok buoyant 408a, Type I, lightweight coated plus Streets, Emporia, Kans. 66801, no longer vests for West Products Co., Post Office tedlar, Quality VT-154, UL Serial F 9532, manufactures certain kapok buoyant Box 707, Newark, NJ 07101 and Approval vinyl-coated fabric wall covering (Vicr­ vests for Montgomery Ward & Co., Inc., Nos. 160.047/562/0, 160.047/563/0, anj tex), to be applied with manufacturer’s Post Office Box 8339, Chicago, IL 60680 160.047/564/0 were therefore terminatea adhesive F1460W, manufactured by L. E. and Approval Nos. 160.047/333/0, 160.- effective January 2,1973. Carpenter & Co., Wharton, N.J. 07885, ef­ 047/334/0, and 160.047/335/0 were there­ The Crawford Manufacturing Co, inc., fective January 2, 1973. fore terminated effective January 2,1973. Third and Decatur Streets, Richm ond The Stearns Manufacturing Co., Divi­ Va. 23212 and 12th and Graham Streets, Dated: February 15, 1973. sion Street at 30th, St. Cloud, Minn. Emporia, Kans. 66801, no longer manu­ G. H. Read, 56301, no longer manufactures certain factures certain kapok buoyant vests i Captain, U.S. Coast Guard, A ct­ kapok buoyant vests and Approval Nos. J. C. Penney Co., In c, 1301 Avenue ing Chief, Office of Merchant 160.047/351/0, 160.047/352/0, and 160.- the Americas, New York, NY 10019 a Marine Safety. 047/353/0 were therefore terminated Approval No. 160.047/571/0 was the JF R Doc.73-3449 Filed 2-23-73; 8:45 am] effective January 2,1973. fore terminated effective January 2, i • The Elvin Salow Co., 273-285 Congress The Steams Manufacturing C0-, Street, Boston, MA 02210, no longer sion Street at 30th, St. Cloud, M • [CGD 73-27 N] manufactures certain kapok buoyant 56301, no longer manufactures certain EQUIPMENT, CONSTRUCTION, AND vests and Approval Nos. 160.047/354/0, kapok buoyant vests and Approval • MATERIALS 160.047/355/0, and 160.047/356/0 were 160.047/595/0 was therefore terminate«/ therefore terminated effective January 2, effective January 2,1973. Termination of Approval Notice 1973. The Stearns Manufacturing Co, ^ 1. Certain laws and regulations (46 The Atlantic-Pacific Manufacturing sion Street at 30th, St. Cloud, M • CFR Ch. I) require that various items of Corp., 124 Atlantic Avenue, Brooklyn, NY 56301, no longer manufactures cert lifesaving, firefighting, and miscella­ 11201, no longer manufactures certain kapok buoyant vests and Approva neous equipment, construction, and ma­ kapok buoyant vests for Nautical Prod­ 160.047/596/0 and 160.047/597/0 *** terials used on board vessels subject to ucts, Inc., 130 Atlantic Avenue, Brooklyn, fhornfnvo ftffCCtiV6 ** Coast Guard inspection, on certain NY 11201 and Approval Nos. 160.047/ ber 27, 1972.

FEDERAL REGISTER, VOL. 38, NO. 37— M ONDAY, FEBRUARY 26, 1973 NOTICES 5227

The Tapatco, Inc., Post Office Box 49, 100/0 were therefore terminated effective Streets, Emporia, Kans. 66801, no longer Fairfield, CA 94533, no longer manufac­ January 2, 1973. manufactures certain unicellular plastic tures certain kapok buoyant vests for The Tapatco, Inc., Post Office Box 49, foam buoyant vests and Approval Nos. J. C. Penney Co., Inc., 1301 Avenue of Fairfield, CA 94533, no longer manu­ 160.052/132/1 and 160.052/133/1 were the Americas, New York, NY 10019 and factures certain unicellular plastic foam therefore terminated effective January 2, Approval Nos. 160.047/604/0, 160.047/ buoyant vests for Sears, Roebuck and 1973. 605/0, and 160.047/606/0 were therefore Co., 925 South Homan Avenue, Chicago, The Atlantic-Pacific Manufacturing terminated effective January 2, 1973. IL 60607, and Approval No. 160.052/122/0 Corp., 124 Atlantic Avenue, Brooklyn, NY The Atlantic-Pacific Manufacturing was therefore terminated effective De­ 11201, no longer manufactures certain Corp., 124 Atlantic Avenue, Brooklyn, cember 27, 1972. unicellular plastic foam buoyant vests NY 11201, no longer manufactures cer­ The Crawford Manufacturing Co., Inc., for Nautical Products, Inc., 130 Atlantic tain kapok buoyant vests for James Bliss Third and Decatur Streets, Richmond, Avenue, Brooklyn, NY 11201 and Ap­ and Co., Inc., Route No. 128, Dedham, Va. 23212 and 12th and Graham Streets, proval Nos. 160.052/144/0, 160.052/145/0, Mass. 02026 and Approval Nos. 160.047/ Emporia, Kans. 66801, no longer manu­ and 160.052/146/0 were therefore termi­ 616/0, 160.047/617/0, and 160.047/618/0 factures certain unicellular plastic foam nated effective January 2,1973. were therefore terminated effective Jan­ buoyant vests and Approval No. 160.052/ uary 2, 1973. 131/1 was therefore terminated effective The Crawford Manufacturing Co., Inc., The Outdoor Supply Co., Inc., Oxford, January 2, 1973. Third and Decatur Streets, Richmond, N.C. 27565, no longer manufactures cer­ Va. 23212 and 12th and Graham Streets, tain kapok buoyant vests for J. C. Penney Dated: February 15, 1973. Emporia, Kans. 66801, no longer manu­ factures certain unicellular plastic foam Co., Inc., 1301 Avenue of the Americas, G. H. R ead, New York, NY 10019 and Approval Nos. Captain, U.S. Coast Guard, Act­ buoyant vests for Montgomery Ward & 160.047/622/0, 160.047/623/0, and 160.- ing Chief, Office of Merchant Co., Inc., Post Office Box 8339, Chicago, 047/624/0 were therefore terminated ef­ Marine Safety. IL 60680 and Approval Nos. 160.052/ 150/0, 160.052/151/0, and 160.052/152/0 fective January 2, 1973. [PR Doc.73-3450 Filed 2-23-73; 8:45 am] Thé Atlantic-Pacific Manufacturing were therefore terminated effective Corp., 124 Atlantic Avenue, Brooklyn, January 2,1973. NY 11201, no longer manufactures cer­ [CGD 73-28 N] The Ero Manufacturing Co., 308 South tain kapok buoyant vests for Boy Scouts EQUIPMENT, CONSTRUCTION, AND William Street, Hazlehurst, GA 31539, of America, Supply Division, North MATERIALS no longer manufactures certain unicel­ Brunswick, N.J. 08902 and Approval No. lular plastic foam buoyant vests and 160.047/631/0 was therefore terminated Termination of Approval Notice Approval Nos. 160.052/153/0, 160.052/ effective January 2,1973. 1. Certain laws and regulations (46 154/0, and 160.052/155/0 were therefore The Elvin Salow Co., 273-285 Congress CFR Ch. I) require that various items of terminated effective January 2, 1973. Street, Boston, MA 02210, no longer lifesaving, firefighting and miscellaneous The Elvin Salow Co., 273-285. Congress manufactures certain kapok buoyant equipment, construction, and materials Street, Boston, MA 02210, no longer man­ vests for Wallace Manufacturing Co., used on board vessels subject to Coast ufactures certain unicellular plastic foam 273-285 Congress Street, Boston,- MA Guard inspection,.on certain motorboats buoyant vests and Approval Nos. 160.052/ 02210 and Approval Nos. 160.047/726/0, and other recreational vessels, and on 168/0, 160.052/169/0, and. 160.052/170/0 160.047/727/0, and 160.047/728/0 were the artificial islands and fixed structures were therefore terminated effective Jan­ ;*j®ref°re terminated effective January 2, on the outer Continental Shelf be of uary 2,1973. types approved by the Commandant, U.S. The Billy Boy Products, Inc., Quincy, Coast Guard. The purpose of this docu­ Buoyant Vests, U nicellular P lasti Mich. 49082, no longer manufactures ment is to notify all interested persons F oam certain unicellular plastic foam buoyant that certain approvals have been termi­ The Steams Manufacturing Co., Divi vests and Approval No. 160.052/189/0 was nated as herein described during the therefore terminated effective January 2, E i Street at 30th> St. Cloud, Mini period from December 22, 1972, to Jan­ 1973. imi I, l°nSer manufactures certai uary, 2, 1973 (List No. 2-73). These unicellular plastic foam buoyant vest actions were taken in accordance with The Billy Boy Products, Inc., Quincy, ana Approval Nos. 160.052/7/0, 160.052 the procedures set forth in 46 CFR 2.75-1 Mich. 49082, no longer manufactures cer­ .an,d 160.052/9/0 were therefor to 2.75-50. tain unicellular plastic foam buoyant terminated effective January 2, 1973. 2. The statutory authority for equip­ vests for Sears, Roebuck and Co., 925 ihe Safegard Corp., Box 14037, Pos ment, construction, and material ap­ South Homan Avenue, Chicago, IL 60607 W 6 Annex> Cincinnati, OH 45214, n provals is generally set forth in sections and Approval Nos. 160.052/215/0, 160.- ?lanufactures certain unicellula 367, 375, 390b, 416, 481, 489, 526p, and 052/216/0, 160.052/217/0, and 160.052/ Nao buoyant vests and Approve 1333 of title 46, United States Code, sec­ 218/0 were therefore terminatedl effective December 27,1972. l6nnJ/o0;052/22/0’ 160.052/23/0, an tion 1333 of title 43, United States Code, e L ° ti /2 / ° were therefore terminate section 198 of title 50, United States The Crawford Manufacturing Co., Inc., effective January 2, 1973. Code. The Secretary of Transportation Third and Decatur Streets, Richmond, Mich4? S Boy Pr°ducts, Inc., Quincj has delegated authority to the Com­ Va. 23212, no longer manufactures cer­ tain n«?8 »*5° lon&er manufactures cer mandant, U.S. Coast Guard with respect tain unicellular plastic foam buoyant vests ¿kstic foam buoyan to these approvals (49 CFR 1.46(b) ). The vests and Approval Nos. 160.052/226/1 160 Approval Nos. 160.052/28/( specifications prescribed by the Com­ and 160.052/227/1 were therefore termi­ t S S f / 0, -an? 160.052/30/0 wer mandant, U.S. Coast Guard for certain nated effective January 2, 1973. 1973 6 termmated effective January S types of equipment, construction, and The Gentex Corp., Carbondale, Pa. materials are set forth in 46 CFR Parts 18407, no longer manufactures certain I8tt7e CorP > Carbondale, Pe 160 to 164. unicellular plastic foam buoyant vests unicpi’inio,. ige5. manufactures certai: 3. Notwithstanding the termination of and Approval Nos. 160.052/231/0, 160.- and AonrAi ^^ftic foam buoyant vest approval listed in this document, the 052/232/0, and 160.052/233/0 were there­ »/o' im S " “ - 160-052/46/0, 160.052 equipment affected may be used as long fore terminated effective January 2, ■so 052/8?m 2/49/V 160.052/50/0, an as it remains in good and serviceable 1973. effective JamWere therefore terminate condition. The Parkway Manufacturing Co., sub­ S V ^ u u a r y 2 , 1 9 7 3 . sidiary of Crawford Manufacturing Co., fiox 329N°iiL Pr?,ducts Co., Post Offic B u oyan t V ests, U nicellular P lastic F oam Inc., Third and Decatur Streets, Rich­ m .a S t S S f’ S i OH 43724- no longe mond, Va. 23212 and 12th and Graham ■oam bunvo nS, cert‘un unicellular plasti The Crawford Manufacturing Co., Streets, Emporia, Kans. 66801, no longer l60.052/98/An^t S and APProval No! Inc., Third and Decatur Streets, Rich­ manufactures certain unicellular plastic /98/0. 160.052/99/0, and 160.052 mond, Va. 23212 and 12th and Graham foam buoyant vests and Approval Nos.

No. 37—Pt. h ---- 2 FEDERAL REGISTER, VOL. 38, NO . 37— M O ND AY, FEBRUARY 26, 1973 5228 NOTICES

160.052/240/1, 160.052/241/1, and 160.- 160.052/345/0, and 160.052/346/0 were The Crawford Manufacturing Co., 052/242/1 were therefore terminated ef­ therefore terminated effective Decem­ Inc., Third and Decatur Streets, Rich­ fective December 22,1972. ber 27, 1972. mond, Va. 23212, no longer manufactures The Noble Products Co., Caldwell, Ohio The Texas Water Crafters, Post Office certain unicellular plastic foam buoyant 43724, no longer manufactures certain Drawer 539, Wichita Falls, TX 76307, no vests and Approval No. 160.052/399/1 was unicellular plastic foam buoyant vests longer manufactures certain unicellular therefore terminated effective January 2, and Approval Nos. 160.052/286/0, 160.- plastic foam buoyant vests for Buddy 1973. 052/287/0, and 160.052/288/0 were there­ Schoellkopf Products, Inc., 4100 Plati­ The Crawford Manufacturing Co., Inc,, fore terminated effective January 2,1973. num Way, Dallas, TX 75237 and Ap­ Third and Decatur Streets, Richmond, The Ero Manufacturing Co., Hazle- proval No. 160.052/350/0 was therefore Va. 23212, no longer manufactures cer­ hurst, Ga. 31539, no longer manufactures terminated effective January 2, 1973. tain unicellular plastic foam buoyant certain unicellular plastic foam buoyant The Texas Water Crafters, Post Office vests for Montgomery Ward & Co., Inc., vests for Sears, Roebuck and Co., 925 Drawer 539, Wichita Palls, TX 76307, no Post Office Box 8339, Chicago, IL 60680 South Homan Avenue, Chicago, IL 60607 longer manufactures certain unicellular and Approval No. 160.052/400/1 was and Approval Nos. 160.052/295/0, 160.- plastic foam buoyant vests for Red Head therefore terminated effective January 2, 052/296/0, and 160.052/297/0 were there­ Brand Corp., Post Office Box No. 10956, 1973. fore terminated effective January 2,1973. 1348 Manufacturing Street, Dallas, T X The Atlantic-Pacific Manufácturing The Carlon Rubber Products Co., 1 75207 and Approval No. 160.052/351/0 Corp., 124 Atlantic Avenue, Brooklyn, New Haven Avenue, Derby, CT 06418, was therefore terminated effective Jan­ NY 11201, no longer manufactures cer­ no longer manufactures certain unicellu­ uary 2, 1973. tain unicellular plastic foam buoyant lar plastic foam buoyant vests for Miltco The Texas Water Crafters, Post Office vests for Boy Scouts of America, Supply Products Corp., 139 Emerson Place, Drawer 539, Wichita Palls, TX 76307, no Division, North Brunswick, NJ. 08902 Brooklyn, NY 11205 and Approval Nos. longer manufactures certain unicellular and Approval No. 160.052/410/0 was 160.052/322/0, 160.052/323/0, and 160.- plastic foam buoyant vests for Hurts- therefore terminated effective January 2, 052/324/0 were therefore terminated ef­ boro Oak Flooring Co., Inc., Hurtsboro, 1973. fective January 2,1973. Ala. 36860 and Approval No. 160.052/ B u oyan t V ests, U nicellular Poly­ The Goodenow Manufacturing, 1301 352/0 was therefore terminated effective eth ylen e F oam, A dult and Child West 18th Street, Erie PA 16502, no January 2, 1973. longer manufactures certain unicellular The Billy Boy Products, Inc., Quincy, The Crawford Manufacturing Co., Inc., plastic foam buoyant vests for Miltco Mich. 49082, no longer manufactures Third and Decatur Streets, Richmond, Products Corp., 139 Emerson Place, certain unicellular plastic foam buoyant Va. 23212 and 12th and Graham Streets, Brooklyn, NY 11205 and Approval Nos. vests and Approval No. 160.052/356/0 was Emporia, Kans. 66801, no longer manu­ 160.052/334/9, 160.052/335/0, and 160.- therefore terminated effective January 2, factures certain unicellular polyethyl­ 052/336/0 were therefore terminated ef­ 1973. ene foam buoyant vests and Approval fective January 2,1973. The Billy Boy Products, Inc., Quincy,^ Nos. 160.060/1/0, 160.060/2/0, and 160.- The Texas Water Crafters, Post Office Mich. 49082, no longer manufactures 060/3/0 were therefore terminated effec­ Drawer 539, Wichita Palls, T X 76307, no certain unicellular plastic foam buoyant tive January 2,1973. longer manufactures certain unicellular vests and Approval Nos. 160.052/357/0 The Crawford Manufacturing Co., Inc., plastic foam buoyant vests and Approval and 160.052/358/0 were therefore termi­ Third and Decatur Streéts, Richmond, No. 160.052/340/0 was therefore termi­ nated effective December 27, 1972. Va. 23212 and 12ths and Graham Streets, nated effective January 2, 1973. The Tapatco, Inc., Post Office Box 49, Emporia, Kans. 66801, no longer manu­ The Ero Manufacturing Co., 308 South Fairfield, CA 94533, no longer manufac­ factures certain unicellular polyethyl­ Williams Street, Hazlehurst, GA 31539, tures certain unicellular plastic foam ene foam buoyant vests for Mont­ no longer manufactures certain unicellu­ buoyant vests for Outdoor Supply Co., gomery Ward & Co., Inc., Post Office Box lar plastic foam buoyant vests for Sears, Inc., Oxford, N.C. 27565 and Approval 8339, Chicago, IL 60680 and Approval Roebuck and Co., 925 South Homan Ave­ Nos. 160.052/362/0, 160.052/363/0, and Nos. 160.060/4/0, 160.060/5/0, and 160. nue, Chicago, IL 60607 and Approval Nos. 160.052/364/0 were therefore terminated 060/6/0 were therefore terminated effec­ 160.052/341/0, 160.052/342/0 and 160.- effective December 27, 1972. tive January 2,1973. 052/343/0 were therefore terminated ef­ The Style-Crafters, Inc., Post Office Dated: February 15,1973. fective January 2,1973. Box 8277, Station A, Greenville, SC G. H. R ead, - The Atlantic-Pacific Manufacturing 29604, no longer manufactures certain Captain, U.S. Coast Guard, Act­ Corp., 124 Atlantic Avenue, Brooklyn, unicellular plastic foam buoyant vests ing Chief, Office of Merchant and Approvals Nos. 160.052/390/0, 160.- NY 11201, no longer manufactures cer­ Marine Safety. tain unicellular plastic foam buoyant 052/391/0, and 160.052/392/0 were there­ vests and Approval Nos. 160.052/344/0, fore terminated effective January 2,1973, [PR Doc.73-3451 Piled 2-23-73;8:45 am]

FEDERAL REGISTER, V O L 38, N O . 37— M O NDAY, FEBRUARY 26, 1973

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