19007

19087 19050 19029

19045 19025

19048 19029 19030

19054

19024

19059 .. . 19012 ...... ------...... 19051, 19052 ...... — ...... /9 3 4

...... No. 136—Pt. I- ...... — ...... 19030, 19033, 19041 ......

...... ___ ...... (Continued inside) ...... -Presidential proclama-

...... 19016 ...... ______...... _ ...... documents)______(4 EPA standards for control of air pollution 1—83; comments by 9 -1 7 —73 ÉPA proposed standards for in-use aircraft after 1 - FDA approves use of copper naphthenate solution; FDA notice of opportunity for hearing on Led-O-San; FHLBB proposals on ments); lending area comments restrictions (2 by docu­ 8-15-73 requests by 8 -1 6 -7 3 ...... - FRS amends discount rates effective effective 7—17—73...... 19025 HIGHLIGHTS OF THIS ISSUE (Part II begins on page 19087) WASHINGTON, D.C. Pages 19001-19103 This listingdoes notthe affect legal status table of contents appears inside. PESTICIDES— EPA specifications for Bacillus Thurin- TUESDAY, JULY 17, 1973 Volume 38 ■ Number 136 of any document published in this issue. Detailed pollutants - . ENVIRONMENT— Justice Department provides for public CAPTIVE NATIONS WEEK, 1973- AIRCRAFT EMISSIONS— comment on proposed judgments against discharge of INVESTIGATORY regarding RECORDS— criteria for discretionary access Justice Department policy NEW ANIMAL DRUGS— ness and surveillance program requirements; effective PART I giensis; effective 7—17—73 FOOD ADDITIVES— FDA provides for use of certain sub­ BANKS AND BANKING— boxes SMOKING ON AIRCRAFT— FAA proposal withdrawn. stances used effective 7 -1 7 in -7 3 ...... manufacture ...... — of polyolefin plastics; NUCLEAR POWER PLANTS— AEC amends fracture tough­ tion POSTAL SERVICE—meters, insured Regulations mail on indemnity packaging, claims, and postage rural mail­ of fire extinguishers; effective 8—17—73 MULTIENGINE AIRCRAFT— FAA clarifies certain opera­ OCCUPATIONAL SAFETY— OSHA regulations on selection 8 -1 6 -7 3 ...... PEANUTS— USDA quality regulations for 1973 crop.. tional rules; effective 8 -1 6 -7 3

July 17, 1973— Pages 19001-19103 REMINDERS

N o t e ; There were n o items published after October 1, 1972, that are eligible for inclusion in th e lis t o f R ules G oing Into Effect T oday.

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

T h e F ederal R egister provides a uniform system for making available to the public regulations and legal notices issued by the Executive Branch of the Federal Government. These include Presidential proclamations and Executive orders and Federal agency documents having general applicability and legal effect, documents required to be published by Act of Congress and other Federal agency documents of public interest.

T h e Federal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

There are no restrictions on the republication of material appearing in the F ederal R egister.

FEDERAL REGISTER, VOL. 38, NO . 136— TUESDAY, JULY 17, 1973 HIGHLIGHTS— Continued

SMALL BUSINESS— SBA revises loan policy; effective FREEZE REGULATIONS— CLC issues Questions and An­ 7-1-73 .....- ..... - ...... 19021 swers No. 18...... L- ..... 19046

ANTIDUMPING— Treasury Department tentative determi­ MEETINGS— n a tio n on polypropylene strapping from Japan; comments USDA: Okanogan National Forest Multiple Use Advisory by 8^16-73...... -...... — ...... ------..... 19054 Committee, 7—31—73.— ...... 19059 Nebraska National Forest Livestock Advisory Commit­ OCCUPANT CRASH PROTECTION— DOT proposes delay in tee, 7 -2 6 -7 3 ...... 19058 effective date for interlocking assembly requirements; National Advisory Council on the Education of Dis­ comments by 8—5—73...... 19049 advantaged Children, 7—26 and 7—27—73...... 19082

Contents

THE PRESIDENT Notices ENVIRONMENTAL PROTECTION AGENCY Duke Power Co.; order on motion Rules and Regulations Proclamation to amend and rescheduling of Captive Nations Week, 1973—— 19007 prehearing conference------19061 Emission standards and test pro­ cedures for aircraft______19087 EXECUTIVE AGENCIES Duquesne Light Co. et al.; estab­ Viable spores of microorganism lishment of Atomic Safety and AGRICULTURAL MARKETING SERVICE Bacillus thuringiensis Berliner; Licensing Board------19061 specification ______19045 Rules and Regulations Jersey Central Power and Light Proposed Rules M ilk in Quad-Cities-Dubuque Co.; assignment of members of marketing area; order suspend­ Atomic Safety and Licensing Emission standards for in-use air­ ing certain provisions___ »___— 19012 Appeal Board_!______19062 craft after January 1, 1983___ 19050 Minimum quality requirements; Notices Irish potatoes grown in Modoc CIVIL AERONAUTICS BOARD Comments on environmental im­ and Siskiyou Counties in Cali­ Notices pact statements and other ac­ fornia and in all Counties H earings: tions impacting the environ- in Oregon except Malheur m e n t______19068 C ou n ty ______19009 Air Traffic Conference of Amer­ Effluent Standards and Water O n ion s_____ I____I___ ;_;____ 19010 ica ______. 19062 Quality Information Advisory International Air Transport As­ Proposed Rules sociation ______19063 Committee; agenda and hear­ Expenses and rate of assessment: ings______19070 Cherries grown in certain states. 19047 CIVIL RIGHTS COMMISSION Kentucky; hearing on compliance Irish potatoes grown in Colo­ schedules; national ambient air rado in Area No. 2___ 19047 Rules and Regulations quality standards______19071 Tokay grapes grown in San State advisory committees; in­ Uniroyal Chemical; filing of peti­ Joaquin County, California— 19047 creases of minimum member­ tion regarding pesticide chemi­ Fresh pears, plums, and peaches ship ______19045 cal ______19071 grown in California; inquiry; correction ______19047 COMMERCE DEPARTMENT ENVIRONMENTAL QUALITY COUNCIL Notices See Domestic and International Notices Peanuts, incoming and outgoing Business Administration. Environmental impact state­ quality regulations; indemnifi­ ments; list of agencies___ !___ 19066 ca tio n ______19054 COMMITTEE FOR PURCHASE OF PROD­ UCTS AND SERVICES OF THE BLIND FEDERAL AVIATION ADMINISTRATION AGRICULTURE DEPARTMENT AND OTHER SEVERELY HANDICAPPED Rules and Regulations See Agricultural Marketing Serv­ Rules and Regulations ice; Animal and Plant Health Large and turbine-powered multi- Inspection Service; Forest Serv­ Editorial correction______19045 engine airplanes; charges for ice. certain operations______19024 COST OF LIVING COUNCIL Sikorsky S-61 helicopters; air­ ANIMAL AND PLANT HEALTH Rules and Regulations worthiness directive______19024 INSPECTION SERVICE Special freeze group questions and Proposed Rules Rules and Regulations answers ______19046 Bell model 47 series airplanes; Texas (Splenetic) Fever in cattle; airworthiness directive______19048 permitted dips______19012 DOMESTIC AND INTERNATIONAL Smoking on aircraft operated by ATOMIC ENERGY COMMISSION BUSINESS ADMINISTRATION air carriers, air travel clubs, and Notices commercial operators; with­ Rules and Regulations drawal of advance notice_____ 19048 Fracture Toughness and Surveil­ Bureau of East-West Trade; or­ lance Program requirements__ 19012 ganization and functions------19059 (Continued on next page) 19003

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19004 CONTENTS

FEDERAL COMMUNICATIONS FOOD AND DRUG ADMINISTRATION JUSTICE DEPARTMENT COMMISSION Rules and Regulations Rules and Regulations Notices Copper naphthenate solution; Consent judgments in actions to Canadian broadcast stations; list v eterin a ry------19025 enjoin discharges of pollutants. 19029 of new stations------19077 Distearyl pentaerythritol diphos­ Policy regarding criteria for dis­ phite; antioxidants and/or sta­ cretionary access to investiga­ FEDERAL POWER COMMISSION bilizers for polymers------19025 tory records of historical inter­ Proposed Rules Notices e s t ______19029 Future sales of natural gas from American Cyanamid Co.; Led-O-" LABOR DEPARTMENT ^ wells commenced on or after San; opportunity for hearing— 19059 Medical device classification See Occupational Safety and January 1, 1973; just and rea­ Health Administration. sonable national rates; correc­ panels request for nomination of members__ :______19060 tion ______19053 NATIONAL ADVISORY COUNCIL ON THE Notices FOREST SERVICE EDUCATION OF DISADVANTAGED CHIL­ Hearings, etc.: Notices DREN Appalachian Power Co------19071 Nebraska National Forest Live­ Notices Arizona Public Service Co__— 19071 stock Advisory Board; m eeting- 19058 Public meeting------19077 Atlantic Richfield Co. (2 docu­ Okanogan National Forest Multi­ ments) ______.____ 19071 ple Use Advisory Board; meet­ NATIONAL HIGHWAY TRAFFIC SAFETY C & K Petroleum, Inc----- ,------19071 ing ______19059 ADMINISTRATION Comisión Federal de Elec­ tricidad ______19071 HEALTH, EDUCATION, AND WELFARE Proposed Rules Duke Power Co. (2 documents) _ 19072 DEPARTMENT Occupant crash protection; post­ Exxon Corp. et al------19072 S ee Food and Drug Administra­ ponement of effective date------19049 Grand River Dam Authority (3 tion. docum ents)______19072, 19073 Notices New York State Electric and INTERIOR DEPARTMENT Citroen; petition for temporary Gas Corp______19073 Rules and Regulations exemption from motor vehicle Northern Natural Gas Co------19073 Golden Eagle Program; recrea­ safety standard______19061 Pennsylvania Electric Co------19073 tion fees; correction______19045 Richard H. Fleischaker------19074 OCCUPATIONAL SAFETY AND HEALTH Skelly Oil Co------19074 Notices ADMINISTRATION Deepwater ports; availability of Southwestern Electric Power Rules and Regulations Co ______- ___ 19074 draft environmental statem ent- 19054 Fire extinguishers; approval—- — 19030 Sun Oil Co. et al----- _—.------— 19075 INTERNAL REVENUE SERVICE Tennessee Gas Pipeline Co. (2 Regional Administrator; change d ocu m en ts)______- — - — 19075 Rules and Regulations in title______— ______— 19029 Texas Gas Transmission Corp— 19076 Declaration of estimated tax by United Gas Pipe Line Co. and individuals and waiver of pen­ POSTAL SERVICE Transcontinental Gas Pipe alty for underpayment by in­ Rules and Regulations Line Co______19076 dividuals of 1971 estimated income tax______19026 Forms and number of copies of docu m en ts______19045 FEDERAL RESERVE SYSTEM INTERSTATE COMMERCE COMMISSION Indemnity claims______19041 Rules and Regulations Rules and Regulations P a ck a g in g ------19030 Extensions of credit by Federal Kansas City, Missouri, Kansas Postage meters and meter stamps. 19033 Reserve banks; rate changes— 19016 City, Kansas; commercial zone- 19046 Rural boxes; criteria for custom Organization and channelling of built boxes______.V-— 19041 fu n ctio n s ------19017 Notices Assignment of hearings------19078 SMALL BUSINESS ADMINISTRATION Proposed Rules Atchison, Topeka, and Santa Fe Rules and Regulations Federal Savings and Loan Insur­ Railway Co. et al------19078 Business loan policy—------19021 ance Corporation; normal lend­ Fourth section application for ing territory— ------— 19052 r e lie f------19078 TRANSPORTATION DEPARTMENT Federal Savings and Loan Sys­ Green Mountain Railroad Corp.; tem; real estate loan percent- rerouting or diversion of traffic- 19078 See Federal Aviation Administra­ age-of-assets limitations-__ _ 19051 Motor Carrier Board transfer tion; National Highway Traffic proceedings------— 19079 Safety Administration. Notices Motor carrier temporary authority Citizens Bankshares Inc.; forma­ applications ______-—------19079 TREASURY DEPARTMENT tion of bank holding com pany. _ 19076 St. Johnsburg and Lamoille See also Internal Revenue Service. County Railroad; rerouting of First Alabama Bancshares, Inc.; Notices acquisition of bank______19077 t r a ffic ______19082 Suburban Bancorporation; ac­ Vermont Railway, Inc.; rerout­ Polypropylene strapping from quisition of bank------19077 ing of traffic------19082 Japan; antidumping------19054

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 CONTENTS 19005 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 the month the cumulative list will appear at the end of the issue. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1973, and specifies how they are affected.

3 CFR 13 CFR 29 CFR Proclamation : 120______19021 1910____ 19030 4229______— 19007 . Ch. XVII. 19029 14 CFR 6 CFR 19024 39 CFR 140______19046 ---- ^------19024 121______19030 7 CFR . „ „ „ „ P r o p o se d R u l e s : 144______19033 947 ______19009 act 19048 156------19041 980------— 19048 164------19041 1063______19012 123______19048 3001------19045 Proposed R u l e s : 127______19048 40 CFR 917______19047 135______19048 87 926______19047 19088 930______19047 18 CFR 180______19045 948 ______19047 P r o p o se d R u l e s : P r o p o se d R u l e s 9 CFR 2______19053 87_------19050 ISA 19053 1. qfr 72______19012 i s ? : : : : : : : : : : : : : 19053 10 CFR Ch. 51______19045 21 CFR 50______19012 43 CFR 121______19025 12 CFR 135a______19025 18_____ 19045 201______19016 45 CFR 500______19017 26 CFR 703____ 19045 501-______19017 1______19026 P roposed R u l e s : 301-______19026 49 CFR 545______19051 1048—_ 19046 561______28 CFR 19052 P r o p o se d R u l e s : 563______19052 50 (2 documents) 19029 571______19049

FEDERAL REGISTER, VOL. 38, N O . 136— TUESDAY, JULY 17, 1973 ■ u m Presidential Documents

Title 3—The President

PROCLAMATION 4229 Captive Nations Week, 1973

By the President of the United States of America

A Proclamation

As a nation we seek no imposition of our beliefs. But as human beings, we must always keep alive the hope that our great heritage of freedom will one day be enjoyed throughout the world.

As we make progress toward world peace and security, let us continue to show our sympathies for others who aspire to liberty and self- determination. In support of this sentiment, the Eighty-Sixth Congress on July 17, 1959, by a joint resolution, authorized and requested the President to proclaim the third week in July in each year as Captive Nations Week.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the week beginning July 15, 1973, as Captive Nations Week.

I call upon the people of the United States to observe this week with appropriate ceremonies and activities, and I urge rededication to the high purpose of individual liberty for all men.

IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of July, in the year of our Lord nineteen hundred seventy- three, and of the Independence of the United States of America the one hundred ninety-eighth.

[FR Doc.73-14724 Filed 7-16-73 ;9 :42 am]

FEDERAL REGISTER, VOL. 38, NO . 136— TUESDAY, JULY 17« 1973

19009 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 SO titles pursuant to 44 U.S.G. 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 to make test diggings without loss of the committee, which are similar to those in CHAPTER IX— -AGRICULTURAL MARKET­ potatoes so harvested. effect dming tile previous season, has ING SERVICE (MARKETING AGREE­ Shipments may be made to certain been disseminated among the growers MENTS AND ORDERS; FRUITS, VEGE­ special purpose outlets without regard and handlers of potatoes in the produc­ TABLES, NUTS), DEPARTMENT OF to minimum grade, size, cleanliness, and tion area; and compliance with this sec­ AGRICULTURE maturity requirements, provided that tion will not require any special prepara­ safeguards are used to prevent such tion of potato sorting and packing PART 947— IRISH POTATOES GROWN IN potatoes from reaching unauthorized equipment on the part of handlers sub­ MODOC AND SISKIYOU COUNTIES IN CALIFORNIA AND IN ALL COUNIIES IN outlets. ject thereto which cannot be completed OREGON EXCEPT MALHEUR COUNTY Shipments for use as livestock feed on or before the effective time hereof. within the production area or to speci­ Termination of regulations. Limitation Minimum Quality Standards and fied adjacent areas are exempt; a limit o f shipments § 947.331 effective July 24, Inspection Requirements to the destinations of such shipments is 1972, through October 15, 1973 (37 FR This regulation, designed to promote provided so that their use for the pur­ 14754-14756) shall be terminated upon orderly marketing of Oregon-Califomia pose specified may be reasonably assured. the effective date of this section. Shipments of potatoes between Districts potatoes, imposes minimum quality § 947.332 Handling regulation. standards and requires inspection of 2 and 4 for planting, grading, and stor­ fresh shipménts to keep low quality ing are exempt from requirements be­ During the period July 18, 1973, potatoes from being shipped to con­ cause these two areas have no natural through October 15,1974, no person shall sumers. division. Other districts are more clearly handle any lot of potatoes unless such Notice of rulemaking with respect to separated and do not have this problem. potatoes meet the requirements of para­ a proposed handling regulation to be For the same reason, potatoes grown in graphs (a ), ( b ), ( c ) , (d ), (e ), and (i) of made effective under Marketing Agree­ District 5 may be shipped without re­ this section, or unless such potatoes are ment No. 114 and Order No. 947, both gard to the aforesaid requirements to handled in accordance with paragraphs as amended (7 CFR Part 947), regula­ specified locations in Idaho, Washing­ (f), (g), (h), and (j) of this section. ting the handling of Irish potatoes grown ton, and Malheur County, Oregon, for (a) Grade requirements. All varieties— in the production area defined therein, grading and storing. Since no purpose U.S. No. 2, or better grade: Except that was published in the F e d er a l R e g is t e r would be served by regulating potatoes potatoes designated U.S. Commercial July 2,1973 (38 FR 17500)C This program used for charity purposes, such ship­ shall meet all of the requirements and is effective under the Agricultural Mar­ ments are exempt. Exemption of potatoes tolerances of U.S. No. 1, except that they keting Agreement Act of 1937, as for most processing uses is mandatory may be no more than “slightly dirty.” amended (7 U.S.C. 601 et seq.). under the legislative authority for this (b) Size requirements. All varieties—2 The notice afforded interested persons part and therefore shipments to process­ inches minimum diameter, or 4 ounces an opportunity to file written data, ing outlets are unregulated. minimum weight: Provided, That U.S. views, or arguments pertaining thereto Requirements for export shipments No. 1 potatoes for export may be iVz not later than July 9, 1973. None was differ from those for domestic markets; inches minimum diameter.. filed. while high quality standards are desired (c) Cleanliness requirements. All Findings. After consideration of all in foreign outlets, smaller sizes are more varieties and grades—As required in the relevant matters presented, including acceptable. Therefore, different require­ United States Standards for Grades of the proposal set forth in the aforesaid ments for export shipments are pro­ Potatoes, except that U.S. Commercial notice which was recommended by the vided. may be no more than “slightly dirty.” Oregon-Califomia Potato Committee, it Inspection requirements are waived in (d) M aturity (skinning) requirements. is hereby found and determined that this certain portions of District 4 because the (1) All varieties—no more than “moder­ handling regulation, as hereinafter set area is remote from inspection facilities ately skinned.” forth, will tend to effectuate the declared and this requirement would cause un­ (2) Not to exceed a total of 100 hun­ policy of the act. reasonable hardship to growers in the dredweight of potatoes may be handled The grade, size, quality, maturity and area. any seven day period without meeting pack requirements as provided herein It is hereby found that good cause these maturity requirements. Prior to are necessary to prevent potatoes of exists for not postponing the effective shipment of potatoes exempt from the quality or undesirable sizes from date of this section until 30 days after above maturity requirements, the han­ dler shall obtain from the committee a being distributed into fresh market publication in the F e d e r a l R e g is t e r channels. They will also provide con­ (5 U.S.C. 553) in that shipments of Certificate of Privilege. sumers with good quality potatoes con­ potatoes grown in the production area (e) Pack. Potatoes packed in 50 pound sistent with the overal quality of the are currently being marketed and the cartons must be U.S. No. 1 or better crop, and standardize the quality of the regulation should become effective at the grade. potatoes shipped from the production time herein provided to maximize the (f) Special purpose shipments. The area in order to provide the consumer benefits to producers and consumers. The m in im u m grade, size, cleanliness, pack, with a more acceptable product. Oregon-Califomia Potato Committee, and maturity requirements set forth in Exceptions are provided to certain of after due notice, held an open meeting paragraphs (a), (b), (c), (d), and (e) these requirements to recognize special June 13, 1973, to consider recommenda­ of this section shall not be applicable to situations in which such requirements tions for a handling regulation, and in­ shipments of potatoes for any of the would be inappropriate or unreasonable. terested persons were afforded an op­ following purposes. A specified quantity of potatoes may be portunity to submit their views at this (1) Certified seed, subject to applicable handled without regard to maturity re­ meeting; information regarding the pro­ safeguard requirements of paragraph (g) quirements in order to permit growers visions of the recommendations by the of this section.

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 No. 136— Pt. 1------2 19010 RULES AND REGULATIONS

(2) Livestock feed: Provided, That po­ Certificate. of Privilege shipment tatoes that are stored in mechanically tatoes may not be handled for such pur­ promptly after the date of shipment; refrigerated storage within 14 days of poses if destined to points outside of the (iv) Bill each shipment directly tothe inspection shall be 14 days exclusive production area, except that shipments the applicable receiver. o f the number o f days that the potatoes to the Counties of Benton, Franklin and (3) Each handler making shipments were held in refrigerated storage. Walla Walla in the State of Washington pursuant to paragraph (f) (7) of this (4) Any lot of potatoes previously in­ and to Malheur County, Oregon, may be section may ship such potatoes to persons spected pursuant to § 947.60(b) is not made, subject to the safeguard provi­ or firms designated as manufacturers of required to have additional inspection sions of paragraph (g) of this section. potato products by the committee and under § 947.60(b) after regrading, re­ (3) Planting: Provided, That potatoes shall: sorting, or repacking such potatoes, if may not be shipped for this purpose to (i) First apply to the committee for the inspection certificate is valid at the points outside of the district where and obtain a Certificate of Privilege to time of such regrading, resorting, or re­ grown, except that potatoes grown in make shipments for processing; packing the potatoes. District No. 2 or District No. 4 may be (ii) Make shipments only to those -(j) Definitions. (1) The terms “U.S. shipped between those two districts. firms whose names appear on the com­ No. 1,” “ U.S. Commercial,” “ U.S. No. 2,” (4) Grading or storing, under the fol­ mittee’s current list of approved manu­ and “moderately skinned” shall have the lowing provisions: facturers of potato products; same meaning as when used in the U.S. (1) Between districts within the pro­ (iii) Upon request by the committee, Standards fo r Potatoes (§§ 51.1540- duction area for grading or storing if furnish reports of each shipment pur­ 51.1566 o f this title as amended Febru­ such shipments meet the safeguard re­ suant to the applicable Certificate of ary 5, 1972, (37 FR 2745)) including the quirements of paragraph (g) of this Privilege; tolerances set forth therein. section. (iv) Mail to the office of the commit­ (2) The term “slightly dirty” means (ii) Potatoes grown in District No. 2 tee a copy of the bill of lading for each potatoes that are not damaged by dirt. or District No. 4 may be shipped for Certificate of Privilege shipment (3) The term “prepeeling” means po­ grading or storing between those two dis­ promptly after the date of shipment; tatoes which are clean, sound, fresh tricts without regard to the safeguard (v) Bill each shipment directly to the tubers prepared com mercially in a pre­ requirements of paragraph (g) of this applicable processor. peeling plant by washing, removing the section. (4) Each receiver of potatoes for outer skin or peel, trimming, and sorting (iii) Potatoes grown in District No. 5 processing pursuant to paragraph (f) of may be shipped for grading and storing this section shall: preparatory to sale in one or more of the to points in the Counties of Adams, (i) Complete and return an applica­ styles of peeled potatoes described in Benton, Franklin and Walla Walla in tion form for listing as a manufacturer § 52.2422 United States Standards for the State of Washington, or to Malheur of potato products; Grades o f Peeled Potatoes (§§ 52.2421- County, Oregon, subject to the safe­ (ii) Certify to the committee and to 52.2433 o f this title ). guard provisions of paragraph (g) of this the Secretary that potatoes received from (4) The term “other processing” has section. the production area for processing will (5) Charity : Provided, That shipments be used for such purpose and will not the same meaning as the term appear­ for charity may not be resold if they do be placed in fresh market channels; ing in the act and includes, but is not not meet the requirements of the market­ (iii) Report on shipments received as restricted to, potatoes for dehydration, ing order: And further provided, That the committee may require and the Sec­ chips, shoestrings, or starch, and flour. shipments in excess of 5 hundredweight retary approve. It includes only that preparation of po-- per charitable organization shall be sub­ (h) Minimum quantity exemption. tatoes for market which involves the ject to tiie safeguard provisions of para­ Any person may handle not more than graph (g) of this section. 19 hundredweight of potatoes on any day application of heat or cold to such an (6) Starch manufacture. without regard to the inspection require­ extent that the natural form or stability (7) Canning, freezing, prepeeling, and ments of § 947.60 and to the assessment of the commodity undergoes a substan­ “other processing,” as hereinafter de­ requirements of § 947.41 o f this part: tial change. The act of peeling, cooling, fined (including storage for such Provided, That no potatoes may be han­ slicing, or dicing, or the application of purposes). dled pursuant to this exemption which material to prevent oxidation does not (g) Safeguards. (1) Each handler do not meet the requirements of para­ making shipments of certified seed out­ graphs (a), (b), (c), and (d) of this constitute “other processing.” side the district where grown pursuant section. This exemption shall not apply (5) Other terms used in this section to subparagraph (1), of paragraph (f) to any part of a shipment which ex­ shall have the same meaning as when of this section shall obtain from the ceeds 19 hundredweight. used in Marketing Agreement No. 114, as committee a Certificate of Privilege, and (i) Inspection. (1) Except when re­ amended, and this part. shall furnish a report of shipments to lieved by paragraphs (f) or (h) of this the committee on forms provided by it. section, or by subparagraph (2) of this (Secs. 1-19, 48 Stat. 31, as amended, 7 U.S.C. (2) Each handler making shipments paragraph, no person shall handle pota­ 6 0 1 -6 7 4 ) of potatoes pursuant to paragraphs (f) toes without first obtaining inspection Dated July 12, 1973, to become effec­ (2), (4) (i), (4) (iii) , and (5) of this sec­ from an authorized representative of the tive July 18,1973. tion shall obtain a Certificate of Priv­ Federal-State Inspection Service. ilege from the committee, and shall: (2) Shipments originating in Modoc C h a r l e s R. B rader, (i) Upon request by the committee, or Siskiyou Counties of California, from Acting Deputy Director, Fruit furnish reports of each shipment pursu­ points over 40 airline miles from Merrill, and Vegetable Division, Agri­ ant to the applicable Certificate of Oregon, are not required to obtain Fed­ cultural Marketing Service. Privilege; eral-State inspection : Provided, That [PR Doc.73-14580 Filed 7-16-73;8:45 am] (ii) At the time of applying to the shippers agree to meet safeguard proce­ committee for a Certificate of Privilege, dures of the committee. or promptly thereafter furnish the com­ (3) For the purpose of operation under PART 980— VEGETABLES: IMPORT mittee with a receiver’s or buyer’s certifi­ this part, unless exempted from inspec­ REGULATIONS: ONIONS cation that the potatoes so handled are tion by the provisions of this section, Establishment of Minimum Quality to be used only for the purpose stated in each required inspection certificate is Requirements the application and that such receiver hereby determined, pursuant to § 947.60 This regulation will establish mini­ will complete and return to the commit­ (c), to be valid for a period of not to ex­ mum quality requirements for imported tee such periodic receiver’s reports that ceed 14 days following completion of in­ the committee may require; spection as shown on the certificate. The onions. (iii) Mail to the office of the commit­ validity period of an inspection certifi­ Notice of rulemaking regarding pro­ tee a copy of the bill of lading for each cate covering inspected and certified po­ posed requirements on the importation

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19011

of onions into the United States to be may be entered if they meet an average Advance made effective under section 8e of the tolerance for decay of not more than Ports Office N otice Agricultural Marketing Agreement Act 5 percent, provided they meet the other of 1937, as amended (7 U.S.C. 608e-l), requirements of this section. All Puerto Rico Darrell Me Neal------.. . 2 days was published in the June 29, 1973, F e d ­ (c) Minimum quantity. Any impor­ points. P.O. Box 10163, Santurce Santurce, Puerto Rico eral R e g is t e r (38 FR 17238). tation which in the aggregate does not 00908 The notice afforded interested persons exceed 100 pounds in any day, may be (Phone 809-783-2230 or an opportunity to file data, views, or imported without regard to the provi­ 4116) New York City. . Frank J. McNeal____ ... . 1 day arguments in regard thereto not later sions of this section. Rm. 28A Hunts Point than July 6, 1973. None was filed. (d ) Plant quarantine. Provisions of Bronx, New York 10474 Section 8e of the act provides that this section shall not supersede the re­ (Phone 212-991-7669-7668) whenever a Federal marketing order is strictions or prohibitions on onions New Orleans___ . Pascal J. Lamarea______. 1 day 5027 Federal Office Build­ in effect for onions, the importation of under the Plant Quarantine Act of 1912. ing onions shall be prohibited unless they (e) Designation of governmental in­ 701 Loyola Avenue comply with the grade, size, quality and spection service. The Federal or the New Orleans, Louisiana 70113 maturity provisions of such order. The Federal-State Inspection Service, Fruit (Phone 504-527-6741-6742) provisions hereinafter set forth comply and Vegetable Division, Agricultural All other points. . D. S. Matheson...... 3 days Fruit and Vegetable Divi­ with those which will become effective Marketing Service, United States De­ sion, AMS July 16, 1973, under Marketing Order partment of Agriculture, and the Fruit Washington, D.C. 20250 No. 958 for onions grown in Idaho and and Vegetable Division, Production and (Phone 202-447-5870) Malheur Comity, Oregon. It is not con­ Marketing Branch, Canada Department templated that any other marketing of Agriculture, are designated as gov­ (4) Inspection certificates shall cover order will have concurrent grade, size, ernmental inspection services for certi­ only the quantity of onions that is being quality and maturity provisions in effect fying the grade, size, quality and matu­ imported at a particular port of entry regulating onions until the spring o f 1974. rity of onions that are imported into the by a particular importer. Findings, (a) After consideration of United States under the provisions of (5) In the event the required inspec­ all relevant matters, including the pro­ section 8e of the act. tion is performed prior to the arrival posal set forth in the aforesaid notice, (f) Inspection and official inspection of the onions at the port of entry, the and other available information, it is certificates. (1) An official inspection inspection certificate that is issued must hereby found that the proposal as pub­ certificate certifying the onions meet show that the inspection was performed lished in the notice should be issued and the United States import requirements at the time of loading such onions for that imported onions comply with the for onions under section 8e of the act direct transportation to the United grade, size, quality and maturity re­ (7 U.S.C. 608e-l), issued by a desig­ States; and if transportation is by water, quirements, as hereinafter provided, ap­ nated governmental inspection service the certificate must show that the in­ plicable to onions produced in the United and applicable to a specific lot is re-- spection was performed at the time of States, and effective under Marketing quired on all imports of onions. loading onto the vessel. Order No. 958, as amended (7 CFR Part (2) Inspection and certification by the (6) Each inspection certificate issued 958) regulating the handling of onions Federal or Federal-State Inspection with respect to any onions to be im­ grown in designated counties of Idaho Service will be available and performed ported into the United States shall set and Malheur County, Oregon. This reg­ in accordance with the rules and regu­ forth, among other things: ulation is subject to amendment with lations governing certification of fresh (i) The date and place of inspection; adequate notice as domestic regulations fruits, vegetables and other products (ii) The name of the shipper, or appli­ are changed. (Part 51 of this title). Each lot shall cant; (b) It is hereby further found that be made available and accessible for in­ (iii) The commodity inspected; good cause exists for not postponing the spection as provided therein. Cost of (iv) The quantity of the commodity effective date of this regulation beyond inspection and certification shall be covered by the certificate; the time specified (5, U.S.C. 553) in that borne by the applicant. (v) The principal identifying marks on (1) the requirements established by this (3) Since inspectors may not be sta­ the containers; regulation are mandatory under section (vi) The railroad car initials and num­ 8e of the act; (2) all known onion im­ tioned in the immediate vicinity of some smaller ports of entry, importers of ber, the truck and trailer license number, porters were notified of the proposed the name of the vessel, or other identifi­ regulation; and (3) notice hereof was onions should make advance arrange­ ments for inspection by ascertaining cation of the shipment; and published in the June 29, 1973, F e d er al whether or not there is an inspector lo­ R e g ister (38 FR 17238), and such notice (vii) The following statement, if the is determined to be reasonable. cated at their particular port of entry. facts warrant; Meets import require­ For all ports of entry where an inspec­ ments of 7 U.S.C. 608e-l. § 980.112 Onion import regulation. tion office is not located, each importer (g) Reconditioning prior to importa­ Except as otherwise provided herein, must give the specified advance notice during the period beginning July 20, to the applicable office listed below prior tion. Nothing contained in this part shall 1973, and continuing through April 30, to the time the onions will be Imported. be deemed to preclude any importer from 1974, no person may import onions of reconditioning prior to importation any the yellow or white varieties unless such Advance shipment of onions for the purpose of Ports Office N otice onions are inspected and meet the re­ making it eligible for importation. quirements of this section. (h ) Definitions. For the purpose of this (a) Grade, size, and maturity require­ All Texas points.. L. M. D en bo...... ______1 day P.O. Box 107 section, “Onions” means all varieties of ments— ( 1) Yellow varieties. U.S. No. 2, San Juan, Texas 78589 (Phone 512-787-4091 or Allium cepa marketed dry, except de­ or better grade, IV2 inches minimum 6881) diameter. AH Arizona B. O. M organ...... 1 day hydrated, canned and frozen onions, points P.O. Box 1614 (2) White varieties. U.S. No. 2, or bet­ Nogales, Arizona 85621 onion sets, green onions, and pickling ter grade, 1 inch minimum diameter. (Phone 602-287-2902) onions. The term “moderately cured” All California D. P. Thompson______3 days (3) Yellow and white varieties. At least points 784 S. Central Avenue means the onions are mature and are “moderately cured.” Room 266 Los Angeles, California more nearly well cured than fairly well (b) Condition. Due consideration shall 90021 cured. “Importation” means release from be given to the time required for trans­ (Phone 213-622-8756) All Hawaii Stevenson Ching_____ ... 1 day custody of the United States Bureau of portation and entry of onions into the points. P .O . Box 5425, Pawaa United States. Onions with transit time Substation Customs. 1428 S. King Street from country of origin to entry into Honolulu, Hawaii 96814 (Seca 1-19, 48 St&t. 31, as amended; 7 the United States of ten or more days (Phone 808-941-3071) . UJ5.C. 601-674)

FEDERAL REGISTER, VOL. 38, NO . 136— TUESDAY, JULY 17, 1973 19012 RULES AND REGULATIONS

Dated July 11, 1973, to become effec farmers involved, retain producer status. amended, the Act of February 2,1903, as tive July 20, 1973. It is hereby found and determined that amended, and the Act of May 29,1884, as thirty days’ notice of the effective date amended (21 U.S.C. 111-113, 115, Î17 C h a r l e s R . B r ader, Acting Deputy Director, Fruit hereof is impractical, unnecessary and 120, 121, 123-126), § 72.13(b) (2) is contrary to the public interest in that: amended to read as follows : and Vegetable Division, Agri­ (a) This suspension is necessary to re­ cultural Marketing Service. flect current marketing conditions and § 72.13 Permitted dips and procedures. [FR Doc.73-14487 FiledJ7-16-73;8:45 am] to maintain orderly marketing condi­ ***** tions in the marketing area in that the (b ) * * * most efficient method of handling the CHAPTER X— AGRICULTURAL MARKET­ (2) Approved proprietary brands of a ING SERVICE (MARKETING AGREE­ market's reserve milk supply is move­ Dioxathion (D elnav®) emulsifiable MENTS AND ORDERS; MILK), DEPART­ ment directly from producers’ farms to concentrate used at a concentration of MENT OF AGRICULTURE milk manufacturing plants. This suspen­ 0.125 to 0.150 percent.2 sion would allow such handling during * * * * * [Milk Order No. 63] July and August 1973, while the dairy (Secs. 1, 2, 32 Stat. 791-792, as amended; PART 1063— MILK IN THE QUAD CITIES- farmers involved retain producer status; secs. 4 -7 , 23 Start;. 32, as am ended; secs. 1-4, DUBUQUE MARKETING AREA (b) This suspension order does not re­ 33 Stat. 1264, 1265, secs. 3 and 11, 76 Stat! Order Suspending Certain Provisions quire of persons affected substantial or 130, 132 as amended; 21 U.S.O. 111-113, 115 extensive preparation prior to the ef­ 117, 120, 121, 123-126, 134b, 134f; 37 FR This suspension order is issued pursu­ fective date; and 28464, 28477.) ant to the provisions of the Agricultural (c) Notice of proposed rulemaking was Marketing Agreement A ct o f 1937, as Effective date. The foregoing amend­ given interested parties and they were ment shall become effective July 17,1973. amended (7 U.S.C. 601 et seq .), and of afforded opportunity to file written data, the order regulating the handling of .milk views or arguments concerning this sus­ The amendment relieves certain re­ in the Quad Cities-Dubuque marketing pension. No views were received in oppo­ strictions presently imposed but no area. sition to the proposed suspension. longer deemed necessary to prevent the Notice of proposed rulemaking was Therefore, good cause exists for mak­ interstate spread of Texas fever ticks and published in the F ederal R egister (38 ing this order effective with respect to must be made effective promptly to be of FR 16878) concerning a proposed sus­ producer milk deliveries during July and maximum benefit to persons subject to pension of certain provisions of the or­ August 1973. the restrictions which are relieved. It der. Interested persons were afforded op­ It is therefore ordered, That the afore­ does not appear that public participation portunity to file written data, views, and said provisions of the order are hereby in this rulemaking proceeding would arguments thereon. suspended for the months of July and make additional relevant information After consideration of all relevant ma­ August 1973. available to the Department. Accordingly, under the administrative terial, including the proposal set forth (Secs. 1-19, 48 Stat. 31, as amended; 7 US.C. in the aforesaid notice, data, views, and 6 0 1 -6 7 4 ) procedures provisions in 5 U.S.C. 553, it is arguments filed thereon, and other avail­ found upon good cause that notice and able information, it is hereby found and Effective date: July 17,1973. other public procedure with respect to determined that for the. months of July Signed at Washington, D.C., on July 12, the amendment are impracticable and and August 1973, the following provi­ 1973. contrary to the public interest, and good sions of the order do not tend to effectu­ C l a y t o n Y e u t t e r , cause is found for making the amend­ ate the declared policy of the Act: Assistant Secretary. ment effective less than 30 days after In § 1063.14, the proviso which reads: publication in the F e d er a l R e g is t e r . [FR Doc.73-14582 Filed 7-16-73;8:45 am] “ Provided, That in any of the months Done at Washington, D.C., this 11th of July through January milk diverted Title 9— Animals and Animal Products day of July 1973. from the farm of a producer on more F. J. M u l h e r n , than the number of days that milk was CHAPTER I— ANIMAL AND PLANT HEALTH Administrator, Animal and Plant delivered to a pool plant from such farm INSPECTION SERVICE, DEPARTMENT Health Inspection Service. during the month shall not be deemed OF AGRICULTURE [FR Doc.73-14581 Filed 7-16-73;8:45 am] to have been received by the diverting SUBCHAPTER C— INTERSTATE TRANSPORTA­ handler.” TION OF ANIMALS (INCLUDING POULTRY) AND ANIMAL PRODUCTS; EXTRAORDINARY Title 10— Atomic Energy Statement of consideration. The sus­ EMERGENCY REGULATION OF INTRASTATE pension action will permit unlimited di­ ACTIVITIES CHAPTER I— ATOMIC ENERGY version of producer milk under the Quad PART 72— TEXAS (SPLENETIC) FEVER IN COMMISSION Cities-Dubuque order during July and CATTLE PART 50— LICENSING OF PRODUCTION August 1973. Permitted Dips AND UTILIZATION FACILITIES The suspension is requested by Mis­ The purpose of this amendment is to Fracture Toughness and Surveillance sissippi Valley Milk Producers Associa­ Program Requirements tion, Inc., Land O’Lakes, Inc., and Mid lower the concentration at which ap­ American Dairymen, Inc., to accommo­ proved proprietary brands of Dioxathion On July 3, 1971 the Atomic Energy date the handling of reserve milk on the (Delnav® may be used as a permitted Commission published in the Federal market. The seasonal increase in milk dip in official dipping for interstate R e g is t e r (36 FR 12697) proposed amend­ production in conjunction with a decline movement. ments to its regulations in 10 CFR Part in Class I sales has -created a surplus Statement of consideration. The En­ 50 which would add new appendices en­ m ilk disposal problem in this market. vironmental Protection Agency has titled, “Appendix G, Fracture Toughness Without the suspension much of the re­ recommended a change in the proposed Requirements,” and “Appendix H, Re- serve milk on the market would have to use pattern for Dioxathion (Delnav®) be moved from farms to pool plants and when used on beef cattle, horses, sheep 2 Care is required when treating animals then reshipped to manufacturing plants and goats which would reduce the maxi­ and in maintaining required concentration in order to remain pooled instead of mum concentration at which this prod­ of chemicals in dipping baths. Detailed in­ uct may be used from 0.160 percent to formation concerning the use of, criteria for, being moved directly from farms to man­ and names of proprietary brands of per­ ufacturing plants. The additional labor 0.150 percent. Such a concentration is mitted dips for which specific permission has and hauling costs involved with such within the effective range for disinfection been granted, and concerning the use of com­ m ilk movements would adversely affect purposes. pressed air, vat management techniques, and the economic handling of milk in excess Therefore, to conform with the En­ vatside tests, and other pertinent informa­ of fluid requirements. This suspension vironmental Protection Agency’s pro­ tion may be obtained from the U.S. Depart­ will allow more economic handling of the posed use pattern and pursuant to the ment of Agriculture, APHIS, Veterinary market’s reserve milk while the dairy provisions of the Act of March 3,1905, as Services, Hyattsville, Maryland 20782.

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19013 actor Vessel Material Surveillance Pro­ temperature. Fracture control would (5) The Charpy V-notch upper-shelf gram Requirements.” have been achieved by requiring the energy requirements for beltline region Interested persons were invited to sub­ “lowest pressurization temperature” at materials was set at 75 ft. lbs. for all mit written comments within 60 days. which system pressure could exceed 25 cases, without distinction as to the pre­ Upon consideration of the comments re­ percent of normal operating pressure, or dicted amount if irradiation damage. ceived and other factors involved, the at which the rate of temperature change (6) Fracture toughness requirements Commission has adopted the proposed could exceed 50°P/hr., to be the tem­ for the various components of the pres­ amendments with certain modifications perature at which the adjusted fracture sure boundary were separated to reflect in the form set forth below. energy exceeded a certain level, which comments suggesting that the rules fit Significant differences in Appendix G was higher for thick material than for the anticipated severity of service to from the amendments published for thin. which the component might be subjected. comment are: Many of the comments questioned the (7) The definition of “beltline region (1) Terminology was changed to be validity of the dependence placed on the of the reactor vessel” was broadened to consistent with that of the ASME Code.1 Charpy test by the proposed rule. The include more shell material above and (2) The method of combining the re­ thickness correction was considered ex­ below the core. sults of the Charpy and dropweight tests cessive for thick sections and inadequate Significant differences in Appendix H to get a combined measure of toughness for thin sections. Other comments asked from the amendments published for was changed. that the rules treat stresses more quan­ comment are: The proposed rule would have required titatively to take account of the opera­ (1) Terminology was changed to be characterization of the fracture tough­ tors’ ability to control pressure and rate consistent with that of Appendix G and ness of the ferritic materials in the re­ of temperature change and the de­ the ASME Code. In particular, the ad­ actor coolant pressure boundary in signers’ ability to calculate pressure and justment for irradiation effects is de­ terms of the temperature dependence of thermal stresses. Specifically, they urged scribed in these amendments as an ad­ two quantities: (a) Energy absorbed in the adoption of the approach that now justment of the reference temperature, appears in the 1972 Summer Addenda to Charpy V -notch impact tests (AfeTM 2 RT ndt, and the amount of temperature Standard A-370) and (t>) the nil- the ASME Code. The proposed rules were shift is determined by a slightly dif­ ductility transition (NDT) temperature also revised to reflect these comments. ferent treatment of the Charpy data obtained from dropweight tests (ASTM As required by these amendments, frac­ than that given in the proposed amend­ Standard E-208). Charpy tests were to ture control is achieved by requiring that ment. be run at appropriate temperatures to stress in the pressure boundary be lim­ characterize the transition from fully ited as a function of the metal tempera­ (2) Provision was made for accelerated ductile, “ upper shelf,” behavior to low - ture relative to the reference tempera­ irradiation capsules and for modifica­ tion of capsule withdrawn schedules energy, “ brittle,” behavior. To obtain a ture, RT ndt, and as a function of ma­ based on results of tests of specimens toughness characterization that de­ terial thickness according to the “K iB pended on both types of tests, the curve” given in the ASME Code. Taken that received the accelerated irradiation. “Charpy curve” was to be adjusted up­ from fracture mechanics, the term (3) A general provision for an in­ ward on the temperature scale to make “stress intensity factor” (K) defines a tegrated surveillance program was sub­ the 15 ft. lb. level correspond to the NDT quantity that is proportional to the prod­ stituted for the specific requirements temperature from the dropweight tests. uct of gross stress and the square root of given in the proposed rule. It appeared These amendments continue the re­ crack depth, and includes factors to ac­ from comments that it would be im­ quirement contained in the proposed rule count for crack shape and for the manner practical to meet' the requirements of that fracture toughness be measured by of loading. Critical values of K, deter­ the proposed rule for commonality of the Charpy test and the dropweight test. mined from tests in which precracked multiple reactors. However, to reflect comments urging specimens are loaded to failure, are a Appendices G and H are intended to consistency with the ASME Code, frac­ convenient measure of fracture tough­ implement General Design Criterion 31, ture toughness of the material is char­ ness, because differences in crack size and “Fracture Prevention of Reactor Coolant acterized by its reference temperature, shape and differences in manner of Pressure Boundary,” of 10 CFR Part 50, RTndt. This temperature is the higher loading between specimen and comp& Appendix A, “General Design Criteria value of the NDT temperature from the nent can be treated quantitatively. The for Nuclear Power Plants,” to the extent dropweight test or the temperature that Km curve in the ASME Code gives allow­ described below. The margin of safety is 60° F below the temperature at which able values of fracture toughness as a against brittle fracture will be controlled Charpy test data meet a specified tough­ function of temperature relative to more quantitatively by these amend­ ness level (50 ft. lbs. and 35 mils lateral RT ndt. The curve is based on data ob­ ments than by the proposed rule, par­ expansion >. tained from tests of large specimens in ticularly with regard to specific guide­ (3) The concept of a lowest pressuri­ the HSST ® program. Rather than re­ lines for the treatment of heatup and zation temperature given in the proposed quire the estimation of maximum ex­ cooldown conditions. Appendices G and rule was changed to a concept based on pected flaw size, these amendments re­ H track the language of the ASME Code fracture mechanics that allows a con­ quire that in areas of the reactor vessel and have adopted certain of its require­ tinuous buildup of pressure as a function remote from' discontinuities, the as­ ments but also include several key sup­ of temperature and wall thickness. sumed flaw size be proportional to wall plemental requirements. For the vessel The proposed rule would have required thickness. Thus, from the value of Km beltline, inservice requirements are a “thickness correction” whereby the at a given temperature, allowable stress based on the reference temperature as Charpy curve was to be shifted up the values are obtained that are inversely adjusted to account for irradiation dam­ temperature scale 7°P per inch of mate­ proportional to the square root of wall age. There is also an additional fracture rial thicknegs. The thickness correction thickness. toughness requirement in the form of would have been added to the shift re­ (4) Fracture control procedures de­shelf energy values from the Charpy quired for consistency between the two scribed in paragraph (3), above, are sup­ curve for the material in its unirradiated types of toughness tests to obtain a curve plemented in these amendments by a re­ condition. “adjusted fracture energy” versus quirement that whenever the core is Although the requirements of Ap­ critical, the metal temperature of the pendices G and H become effective on 1 American Society of Mechanical Engineers reactor vessel shall exceed specified August 16, 1973, the Commission rec­ B oiler and Pressure Vessel Code, section i n , values dependent on the concurrent ognizes that there may be an interim “ R u les for the Construction of Nuclear Power stress level. period when, for plants now under con­ P lan t Components,” 1971 Editipn, and struction, the method of compliance ad d en d a through the Winter, 1972 Addenda. ’ American Society for Testing and Mate­ * Heavy Section Steel Technology Program, with certain provisions may be deter­ rials. conducted at Oak Ridge National Laboratory. mined on a case-by-case basis. For

FEDERAL REGISTER, V O L 38, NO. 136— TUESDAY, JULY 17, 1973 19014 RULES AND REGULATIONS example, if the test data needed to es­ A ppendix G— F racture.Toughness material for which the predicted adjustment tablish certain fracture control require­ Requirements o f reference tem perature a t end of service life of the reactor vessel exceeds 50° F. ments are not available because they I. INTRODUCTION AND SCOPE I . "M a te ria l su rveillance program ” means were not required at the time material This appendix specifies minimum fracture th e provisions fo r th e placem en t o f reactor sampling was done, estimated values that toughness requirements for ferritic mate­ vessel beltline material specimens in the are appropriately conservative may be rials of pressure-retaining components of the reactor vessel, and th e program o f periodic acceptable. reactor coolant pressure boundary of water withdrawal and testing of such specimens Pursuant to the Atomic Energy Act of cooled power reactors to provide adequate to m on itor, over th e service life o f the vessel 1954, as amended, and sections 552 and margins of safety during any condition of changes in the fracture toughness properties normal operation, Including anticipated op­ of the beltline as a result of exposure to 553 of Title 5 of the United States Code, erational occurrences and system hydro­ neutron irradiation and the thermal environ­ the following amendments to Title 10, static tests, to which the pressure boundary m en t. Chapter I, Code of Federal Regulations, may be subjected over its service lifetime. J. “Integrated surveillance programs” Part 50, are published as a document The requirements of this appendix apply to means the combination of individual mate­ subject to codification to be effective on the following materials: rial surveillance programs as applied to one August 16,1973. A. Carbon and low-alloy ferritic steel plate, or m ore reactor vessels to yield results which forgings, castings, and pipe with specified 1. In § 50.55a o f 10 CFR Part 50, the serve to monitor the changes in fracture minimum yield strengths not over 50,000 psi. tou gh n ess properties fo r a group o f vessels. existing paragraph (i) is redesignated B. Welds and weld heat-affected zones in paragraph (j), a new paragraph (i) is the materials specified in section I.A. m . FRACTURE TOUGHNESS TESTS added, and subdivision (a) (2) (i) and C. Materials for bolting and other types of A. To demonstrate compliance with the the prefatory language in paragraph fasteners with specified minimum yield minimum fracture toughness requirements (a) (2) are amended to read as follows: strengths not over 130,000 psi. of sections IV and V of this appendix, fer­ Adequacy of the fracture toughness of ritic materials shall be tested in accordance § 50.55a Codes and standards. other ferritic materials shall be demonstrated with the ASME Code, section NB-2300, Each construction permit for a utiliza­ to the Commission on an individual case “Fracture toughness requirements for ma­ basis. terials.” Both unirradiated and irradiated tion facility shall be subject to the fol­ It. DEFINITIONS ferritic materials shall be tested for fracture lowing conditions, in addition to those A. “ASME Code” means the American So­ to u gh n ess properties b y m eans o f the Charpy specified in § 50.55: ciety of Mechanical Engineers Boiler and V-notch test specified by paragraph NB- ( a ) ( 1) * * * Pressure Vessel Code, section III, “Rules for 2321.2 of the ASME Code. In addition, when (2) As a minimum, the systems andthe Construction of Nuclear Power Plant required by the ASME Code, unirradiated components of boiling and pressurized Components” (unless another section is spec­ ferritic materials shall be tested by means water-cooled nuclear power reactors ified), 1971 Edition, and addenda through of the dropweight test specified by paragraph specified in paragraphs (c), (d), (e), (f), the Winter, 1972 Addenda.1 NB—2321.1 of the ASME Code. Provision shall (g), and (i) of this section shall meet B. “Ferritic material” means carbon and be made for supplemental tests in crucial low-alloy steels, higher alloy steels includ­ situations such as that described in Section the requirements described in those ing all stainless alloys of the 4xx series, and V.C. paragraphs, except that the American mar aging and precipitation hardening steels B. Charpy V-notch impact tests and drop- Society of Mechanical Engineers (here­ with a predominantly body-centered cubic weight tests shall be conducted in accord­ inafter referred to as ASME) Code N- stru ctu re. ance with the following requirements: symbol need not be applied, and the C. “System hydrostatic tests” means all 1. Location and orientation of impact test protection systems of nuclear power re­ preoperational system leakage and hydro­ specimens shall comply with the require­ actors of all types shall meet the re­ static pressure tests and all system leak­ ments of paragraph NB-2322 of the ASME age and hydrostatic pressure tests performed Code. quirements described in paragraph (h) during the service life of the pressure 2. Materials used to prepare test speci­ of this section, except as authorized by boundary in compliance with the ASME mens shall be representative of the actual the Commission upon demonstration by Code, section XI, “Rules for Inservice In­ materials of the finished component as re­ the applicant for or holder of a con­ spection of Nuclear Reactor Coolant Sys­ quired by the applicable rules of the con­ struction permit that: te m s.” struction code under which the component (i) Design, fabrication, installation, D. “Specified minimum yield strength” is built pursuant to § 50.55a, except that means the minimum yield strength (in the ferritic materials intended for the reactor testing, or inspection of the specified sys­ unirradiated condition) of a material speci­ vessel beltline region shall comply with the tem or component, is to the maximum ex­ fied in the construction code under which the additional requirements of section III.C. of tent practical, in accordance with gen­ component is built pursuant to § 50.55a. this appendix. erally recognized codes and standards, E. “Lowest service temperature” means the 3. Calibration of temperature instruments and compliance' with the requirements lowest service temperature as defined by and Charpy V-notch impact test machines described in paragraphs (c) through (i) paragraph NB-2332 of the ASME Code. used in impact testing shall comply with the of this section or portions thereof would F. “Reference temperature” means the requirements of paragraph NB-2360 of the reference temperature, RTndt, as defined in ASM E Code. result in hardships or unusual difficulties paragraph NB-2331 of the ASME Code. 4. Individuals performing fracture tough­ without a compensating increase in the G. “Adjusted reference temperature” ness tests shall be qualified by training and level of quality and safety; or means the reference temperature as adjusted experience and shall have demonstrated com­ * * * * * for irradiation effects (see Appendix H) by petency to perform the tests in accord with written procedures of the component manu­ (i) Fracture toughness requirements: ad d in g to RT ndt the temperature shift in the Charpy V-notch curve for the irradiated factu rer. Pressure-retaining components of the re­ material relative to that for the unirradiated 5. Fracture toughness test results shall be actor coolant pressure boundary shall material, measured at the 50 ft lb level or recorded and shall include a certification by meet the requirements set forth in Ap­ measured at the 35 mil lateral expansion the licensee or person performing the tests pendices G and H to this part. level, whichever temperature shift is greater. for the licensee that: a. The tests have been performed in com­ (j) Power reactors for which a notice H. “Beltline region of reactor vessel” means pliance with the requirements of this of hearing on an application for a pro­ the shell material (including welds and weld appendix, visional construction permit or a con­ heat-affected zones) that directly surrounds b. The test data are correctly reported and struction permit has been published on' the effective height of the fuel element identified with the ••material intended for a or before December 31, 1970, may meet assemblies and any additional height of shell pressure-retaining component, the requirements of paragraphs (c)(1), c. The tests have been conducted using (d)(1), (e)(1), and (f)(1) of this sec­ 1 Copies may be obtained from the Amer­ machines and instrumentation with avail­ tion instead of paragraphs (c) (2), (d) ican Society of Mechanical Engineers, United able records of periodic calibration, and (2), (e)(2), and (f)(2) of this section, Engineering Center, 345 East 47th Street, d. Records of the qualifications of the respectively. New York, N.Y. 10017. Copies are available Individuals performing the tests are avail­ for inspection at the Commission’s Public able upon request. 2. New Appendices G and H are added Document Room, 1717 H St. N.W., Washing­ C. In addition to the test requirements of to Part 50 to read as follows: to n , D .C . section III A., of this appendix, tests on ma-

FEDERAL REGISTER, V O L 38, NO . 136-—TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19015

terials of the reactor vessel beltline shall be safety applied to each term making up the material. The results shall provide the basis conducted in accordance with the following calculated stress intensity factor may be re­ for establishment of the adjusted reference minimum requirements: duced to 1.0. In no case shall the test tem­ temperature after annealing. The reactor 1. Charpy V -n o tc h (C r) impact tests shall perature be less than RT ndt+ 6 0 'F . vessel may continue to be operated only for be conducted at appropriate temperatures 3. Materials for piping (i.e., pipe, tubes that service period within which the pre­ over a temperature range sufficient to define and fittings), pumps, and valves (excluding dicted fracture toughness of the beltline the Cv test curves (including the upper-shelf bolting materials) shall meet the require­ region materials satisfies the requirements levels) in terms of both fracture energy and ments of paragraph G3100 of the ASME Code. of section IV.A.2., using the values of ad­ lateral expansion of specimens. Location and 4. Materials for bolting and other fasten­ justed reference temperature that include orientation of impact test specimens shall ers with nominal diameters exceeding 1 inch the effects of annealing and subsequent comply with ‘the requirements of paragraph shall meet the minimum requirements of 25 irradiation. NB-2322 of the ASME Code. mils lateral expansion and 45 ft lbs in terms E. The proposed programs for satisfying 2. Materials used to prepare test specimens of Charpy V-notch tests conducted at the the requirements of sections V.C. and V.D. for the reactor vessel beltline region shall be preload temperature or at the lowest serv­ taken directly from excess material and shall be reported to the Commission for re­ ice temperature, whichever temperature is view and approval on an individual case welds in th e vessel sh ell course (s) follow in g low er. completion of the production longitudinal basis at least 3 years prior to the date when B. Reactor vessels beltline materials shall the predicted fracture toughness levels will weld joint, and subjected to a heat treatment have minimum upper-shelf energy, as deter­ that produces metallurgical effects equiva­ no longer satisfy the requirements of sec­ mined from Charpy V -notch tests on unirra­ tio n V .B . lent to those produced in the vessel material diated specimens in accordance with para­ throughout its fabrication process, in accord­ graphs NR-2322.2(4) and 2322.2(6) of the Appendix H— R eactor Vessel M aterial ance w ith paragraph N B -2211 o f th e ASM E ASME Code, of 75 ft lbs unless it is demon­ Surveillance Program R equirements Code. W here seam less sh ell forgin gs are used, strated to the Commission by appropriate I. INTRODUCTION or where the same welding process is used data and analyses based on other types of for longitudinal and circumferential welds tests that lower values of upper shelf frac­ The purpose of the material surveillance in plates, the test specimens may be taken ture energy are adequate. program required by this appendix is to from a separate weldment provided that such C. Reactor vessels for which the predicted monitor changes in the fracture toughness a weldment is prepared using excess material value of adjusted reference temperature ex­ properties of ferritic materials in the re­ from the shell forging(s) or plates, as appli­ ceeds 200 °F shall be designed to permit a actor vessel beltline region of water cooled cable, the same heat of filler material, and thermal annealing treatment to recover mate­ power reactors resulting from their exposure the same production welding conditions as rial toughness properties of ferritic materials to neutron irradiation and the thermal en­ those used in joining the corresponding shell of the reactor vessel beltline. vironment, Under this program, fracture materials. toughness test data are obtained from mate­ V. INSERVICE REQUIREMENTS----REACTOR VESSEL IV. FRACTURE TOUGHNESS REQUIREMENTS rial specimens withdrawn periodically from BELTLINE MATERIAL the reactor vessel. These data will permit A. The pressure-retaining components of A. The properties of reactor vessel beltline the determination of the conditions under the reactor coolant pressure boundary that region materials, including welds, shall be which the vessel can be operated with ade­ are made of ferritic materials shall meet the monitored by a material surveillance pro­ quate margins of safety against fracture following requirements for fracture tough­ gram conforming to the “Reactor Vessel Ma­ throughout its service life. ness during system hydrostatic tests and any terial Surveillance Program Requirements” condition of normal operation, Including an­ set forth in Appendix H. n . SURVEILLANCE PROGRAM CRITERIA ticipated operational occurrences: B. Reactor vessels may continue to be op­ A. No material surveillance program is re­ 1. The materials shall meet the acceptance erated only for that service period within quired for reactor vessels for which it can standards of paragraph NB-2330 of the ASME which the requirements of section IV.A.2. are be conservatively demonstrated by analyt­ Code, and th e requirem en ts o f section s satisfied, using the predicted value of the ical méthods, applied to experimental data IV.A.2, 3 and 4 and IV.B. of this appendix. adjusted reference temperature at the end of and tests performed on comparable vessels, 2. For vessels, exclusive of bolting or other the service period to account for the effects making appropriate allowances for all un­ fasteners: of irradiation on the fracture toughness of certainties in the measurements, that the a. Calculated stress intensity factors shall the beltline materials. The basis for the pre­ peak neutron fiuence (E IMeV) at the end be lower than the reference stress intensity diction shall include results from pertinent of the design life of the vessel will not exceed factors by the margins specified in the ASME radiation effects studies in addition to the 1017 n /cm 2. Code Appendix G , “ P rotection A gain st N o n - results of the surveillance program of sec­ Ductile Failure”. The calculation procedures tio n V .A . B. Reactor vessels constructed of ferritic shall comply with the procedures specified in *C. In the event that the requirements of materials which do not meet the conditions the ASME Code Appendix G, but additional section V.B. cannot be satisfied, reactor ves­ of section II.A. shall have their beltline re­ and alternative procedures may be used if sels may continue to be operated provided gions monitored by a surveillance program the Commission determines that they provide all of the following requirements are satis­ complying with the American Society for equivalent margins of safety against fracture, fied : Testing and Materials (ASTM) Standard Rec­ making appropriate allowance for all uncer­ 1. An esentially complete volumetric ex­ ommended Practice for Surveillance Tests for tainties in the data and analyses. amination of the beltline region of the ves­ Nuclear-Reactor Vessels, ASTM Designation: b. For nozzles, flanges and shell regions sel including 100 percent of any weldments E-185-73,1 except as modified by this ap­ pendix. near geometric discontinuities, the data and shall be made in accordance with the re­ procedures required in addition to those quirements of Section X I of the ASME Code. C. The surveillance program shall meet specified in the ASME Code shall provide 2. Additional evidence of the changes in the following requirements: margins of safety comparable to those re­ fracture toughness of the beltline materials 1. Surveillance specimens shall be taken quired for shells and heads remote from dis­ resulting from exposure to neutron irradia­ from locations alongside the fracture tough­ continuities. tion shall be obtained from results of sup­ ness test specimens required by section III c. Whenever the core is critical, the metal plemental tests, such as measurements of of Appendix G. The specimen types shall temperature of the reactor vessel shall be dynamic fracture toughness of archive ma­ comply with the requirements of section high enough to provide an adequate margin terial that has been subjected to accelerated III.A. of Appendix G (except that drop weight of protection against fracture, taking into irradiation. specimens are not required). account such factors as the potential for overstress and thermal shock during antici­ 3. A fracture analysis shall be performed 2. Surveillance capsules containing the pated operational occurrences in the control that conservatively demonstrates, making surveillance specimens shall be located near of reactivity. In no case when the core is appropriate allowances for all uncertainties, but not attached to the inside vessel wall critical (other than for the purpose of low- the existence of adequate margins for con­ in the beltline region, so that the neutron level physics tests) shall the temperature of tinued operation. flux received by the specimens is at least as the reactor vessel be less than the minimum D. If the procedures of section V.C. do not high but not more than three times as high permissible temperature for the inservice sys­ indicate the existence of an adequate safety tem hydrostatic pressure test nor less than margin, the reactor vessel beltline region 1 Effective March 1, 1973. Copies may be ob­ 40°F above that temperature required by shall be subjected to a thermal annealing tained from the American Society for Test­ section IV.A.2.a. treatment to effect recovery of material ing and Materials, 1916 Race St., Philadel­ d. If there is no fuel in the reactor during toughness properties. The degree of such phia, Pa. 19103, either as a separate or (when the initial preoperational system leakage and recovery shall be measured by testing addi­ available) as part of the 1973 Annual Book hydrostatic pressure tests, the m in im u m per­ tional specimens that have been withdrawn of ASTM Standards, Part 30 and also in Part missible test temperature shall be deter­ from the surveillance program capsules and 31. Copies are available for inspection at the mined in accordance with paragraph G2410 annealed under the same time-at-tempera- Commission’s Public Document Room, 1717 of the ASME Code except that the factor of ture conditions as those given the beltline H St. NW., Washington, D.C.

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19016 RULES AND REGULATÍONS as that received by the vessel inner surface, plant shutdowns most closely approaching Title 12— Banks and Banking and the thermal environment is as close as the withdrawal schedule. practical to that of the vessel Inner surface. f. If accelerated irradiation capsules are CHAPTER II— FEDERAL RESERVE SYSTEM The design and location of the capsules shall employed in addition to the minimum re­ SUBCHAPTER A— BOARD OF GOVERNORS OF permit insertion of replacement capsules. quired number of surveillance capsules, the THE FEDERAL RESERVE SYSTEM Accelerated irradiation capsules, for which withdrawal schedule may be modified, taking PART 201— EXTENSIONS OF CREDIT BY the calculated neutron flux will exceed three into account the test results obtained from FEDERAL RESERVE BANKS times the calculated maximum neutron flux testing of the specimens in the accelerated at the inside wall of the vessel, may be used capsules. The proposed modified withdrawal Changes in Rates in addition to the required number of sur­ schedule in such cases shall be approved by veillance capsules specified in section H.C.3. the Commission on an Individual case basis. Pursuant to section 14(d) of the Fed­ 3. The required number of surveillance g. Proposed withdrawal schedules that dif­ eral Reserve Act (12 U.S.C. 357), and for capsules and their withdrawal schedules are fer from those specified in paragraphs a. the purpose of adjusting discount rates as follows: through f. shall be submitted, with a tech­ with a view to accommodating commerce a. For reactor vessels for which it can be nical justification therefor, to the Commis­ and business in accordance with other conservatively demonstrated by experimental sion for approval. The proposed schedule related rates and the general credit situ­ data and tests performed on comparable ves­ shall not be implemented without prior ation o f the country, Part 201 is amended sel steel, making appropriate allowances for Commission approval. all uncertainties in the measurements, that 4. For multiple reactors located at a singleas set forth below: the adjusted reference temperature estab­ site, an integrated surveillance program may 1. Section 201.51 is amended to read lished in accordance with section IV.B. will be authorized by the Commission on an in­ as follows: not exceed 100°F at the end of the service dividual case basis, depending on the de­ § 201.51 Advances and discounts for lifetime of the reactor vessel, at least three gree of commonality and the predicted se­ surveillance capsules shall be provided for verity of irradiation. member banks under sections 13 and subsequent withdrawal as follows: 13a. m . FRACTURE TOUGHNESS TESTS W it h d r a w a l S c h e d u l e The rates for all advances and dis­ A. Fracture toughness testing of the speci­ counts under sections 13 and 13a of the First capsule— One-fourth service life mens withdrawn from the capsules shall be Second capsule— Three-fourths service life conducted in accordance with the require­ Federal Reserve Act (except advances Third capsule— Standby ments of section i n of Appendix G, “Frac­ under the last paragraph of such section In the event that the surveillance speci­ ture Toughness Requirements.” 13 to individuals, partnerships, or cor­ mens exhibit, at one-quarter of the vessel’s B. The adjusted reference temperatures for porations other than member banks) service life, a shift of the reference tempera­ the base metal, heat-affected zone, and weld are: ture greater than originally predicted for metal shall be obtained from the test re­ similar material as recorded in the applicable sults by adding to the reference temperature technical specification, the remaining with­ the amount of the temperature shift in the Federal Reserve Bank of Rate Effective drawal schedule shall be modified as follows: Charpy test curves between the unirradiated material and the irradiated material, meas­ B o sto n «..___ - 7 ¡Toly 2, 1973 R e v is e d ured at the 50 foot-pound level or that 7 July 2. 1973 W it h d r a w a l S c h e d u l e Philadelphia.. ------TT— m 7 July 2, 1973 measured at the 35 mil lateral expansion 7 July 2, 1973 Second capsule— One-half service life level, whichever temperature shift is greater...... „ Lrrm—v 7 July 2, 1973 Third capsule— Standby The highest adjusted reference temperature ____ - ...____ , 7 July 2, »73 . ______b. For reactor vessels which do not meet and the lowest upper-shelf energy level of 7 July 2. 1973 — :__ rL- - r1|, 7 July 2, 1973 the conditions of section n.C.3.a. but for all the beltline materials shall be used to . ...______7 July 2, 1973 which it can be conservatively demonstrated verify that the fracture toughness require­ . . _ ■ ______- 7-J?£ July 2,1973 St. Louis______7-J£ July 2,1973 the conditions of section n .C .3 .b ., a t lea st C. The operating pressure and temperature Minneapolis.______7 - ji July 2,1973 five surveillance capsules shall be provided limitations established for the period of Kansas City______7-M July 2,1973 for subsequent withdrawal as follows: operation of the reactor vessel between any D allas...... 7-££ July 2,1973 San Francisco...______7-)i July 2, »73 W it h d r a w a l S c h e d u l e two surveillance specimen withdrawals shall be specified in the report, including any First capsule—At the time when the pre­ changes made in operational procedures to 3. Section 201.53 is amended to read dicted shift of the adjusted reference tem­ assure meeting such temperature limitations. perature is approximately 50 °F or at one- as follows: fourth service life, whichever is earlier. (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201) § 201.53 Advances to persons other than Second and third capsules— At approximately Dated at Germantown, Md., this 11th member banks. one-third and two-thirds of the time in­ terval between first and fourth capsule day of July 1973. The rates for advances under the last withdrawal. For the Atomic Energy Commission. paragraph of section 13 of the Federal Fourth capsule— Three-fourths of service life. Reserve Act to individuals, partnerships, Fifth capsule—Standby. G ordon M. G rant, d. Provision shall also be made for ad­ Acting Secretary of the Commission. or corporations other than member ditional surveillance tests to monitor the N o t e : Incorporation by reference provi­ banks secured by direct obligations of, effects of annealing and subsequent irradia­ sions approved by the Director of the Federal or obligations fully guaranteed as to tio n . Register on May 29, 1973. e. Withdrawal schedules may be modified principal and interest by, the United to coincide with those refueling outages or [FR Doc.73-14531 Filed 7-16-73;8:45 am] States or any agency thereof are:

FEDERAL REGISTER, V O L 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19017

Sec. counts that may be paid by Bank mem­ Rate Federal Reserve Bank of E ffective 500.5 District of Columbia savings and loan bers, other than those members the de­ associations. , - ______posits of which are insured in accordance 9 July 2,1973 Subpart B— General Organization New York— ^3 9 July 2,1973 with the provisions of the Federal De­ Philadelphia------s s b x j z z ----- k 9 July 2,1973 500.10 The Board. posit Insurance Act; prescribing rules Cleveland...... ------9 July 2,1973 500.11 Secretary to the Board. Pjrthmond l *?-_- T i v.53 9 July 2,1973 and conditions upon which a Federal Atlanta 1 . 33 Trrrrrrr:- _ ,3..53 9 July 2,1973 500.12 Congressional Liaison Officer. Home Loan Bank shall be authorized to Chicago JZ3 9 July 2,1973 500.13 Director of the Office of Management borrow, to pay interest upon its borrow­ St. Louis 1— ------9 July 2,1973 Systems and Administration. Minneapolis .33 9 July 2,1973 500.14 Director of the Office of Economic ings, and to issue obligations; issuing Kansas C ity i . ------;33 9 July 2,1973 upon such conditions as the Board may Palla« 1 ,-~7r^ rrr_i' ■ .33 9 July 2,1973 Research. San Francisco.- sr.- . — 9 July 2,1973 500.15 Director of the Office of Audits. prescribe consolidated Federal Home 500.16 Director of the Office of Communica­ Loan Bank bonds or debentures which tio n s. i A rate of 7 percent was approved, effective on the are the joint and several obligations of indicated dates on advances to nonmember banks, to 500.17 The General Counsel. all Federal Home Loan Banks; requiring be applicable in special circumstances resulting from 500.18 Director of the Office of Examinations examination of each Federal Home Loan implementation of changes in Regulation J (see 37 and Supervision. Bank at least annually; appointing four FR 12714). 500.19 Director of the Office of Industry De­ (12 U.S.C. 248(1). Interprets or applies 12 velopm ent. directors to the board of directors of each U.S.C. 357) 500.20 Director of the Office of the Federal Bank and conducting the election of the By order of the Board of Governors, Savings and Loan Insurance Cor­ remaining directors by the members; ap­ July 6,1973. ; poration. proving dividends paid by each Federal 500.21 Director of the Office of the Federal Hoine Loan Bank; and acting on applica­ [ s e a l ] C h e s t e r B. F eld b er g , Home Loan Banks. tions-for Bank membership. Secretary of the Board. 500.22 Director of the Office of Housing and Urban Affairs. § 500.3 The Federal savings and loan [PR Doc.73-14417 Piled 7-16-73;8:45 am] system. Subpart C— Procedures The Board is authorized under such CHAPTER V— FEDERAL HOME LOAN 500.30 General statement concerning pro­ BANK BOARD cedures and forms. rules and regulations as it may prescribe 500.31 Forms. to provide for the organization, incor­ SUBCHAPTER A— GENERAL 500.32 Offices of the Board; information and poration, examination, operation, and [Docket No. 73-852] submittals. regulation of Federal savings and loan PART 500— ORGANIZATION AND Au th o r ity: Sec. 17, 47 Stat. 736, as associations. .Under this authority, the CHANNELLING OF FUNCTIONS amended; 12 U.S.C. 1437, Reorg. Plan No. 3 of Board’s functions include, but are not 1947, 12 FR 4981, 3 CFR, 1943-48 Comp., p. limited to, regulation of the corporate PART 501— OPERATIONS 1071. structure of such associations, regulation Organization and Channelling of Functions Subpart A— Functions and Responsibilities of the distribution of their earnings, reg­ of the Board ulation of their lending and other invest­ June 20, 1973. ment powers, acting upon their applica­ The Federal Home Loan Bank Board § 500.1 General statement and statutory tions for branch offices, mobile facilities, has periodically published in the F ed er al authority. and satellite offices, the regulation of R e g ist e r statements of the general The Federal Home Loan Bank Board mergers, conversions, and dissolutions in­ course and method by which its functions (referred to in this subchapter as volving such associations, the appoint­ are channelled and determined. The last “Board”) is responsible for the admin­ ment of conservators and receivers for such statement was FR Doc. 67-7146 istration and enforcement of the Federal such associations, and the enforcement which was published in the June 24, Home Loan Bank Act, the Home Owners’ of laws, regulations, or conditions against 1967 issue of the F ed er al R e g is t e r (32 Loan Act of 1933, Title IV o f the Na­ such associations or the officers or direc­ FR 9041). These statements are not codi­ tional Housing Act, and with respect to tors thereof by proceedings under sec­ fied as part of the Board’s codified regu­ institutions subject to provisions of the tion 5 of the Home Owners’ Loan Act of lations. foregoing acts and title, the Bank Pro­ 1933, as amended. The Board considers it advisable to tection Act o f 1968, the Truth in Lending make certain minor changes and to § 500.4 The Federal Savings and Loan Act, and the Fair Credit Reporting Act. Insurance Corporation. codify its current rules on organization The members of the Board constitute and channelling of functions. Also, the the Board of Directors of the Federal The Federal Savings and Loan Insur­ Board considers it advisable to include Home Loan Mortgage Corporation, which ance Corporation is under the direction in such codification a list of certain was created by Title III of the Emergency of the Federal Home Loan Bank Board. forms which are available at the Federal Home Finance Act of 1970. The Corporation insures the accounts of Home Loan Banks. Accordingly, on the all Federal savings and loan associations basis of such considerations, the Federal § 500.2 The Federal Home Loan Bank and of other building and loan, savings Home Loan Bank Board hereby (1) system. and loan, and homestead associations and rescinds F ed er a l R e g is t e r Document 67- The Board supervises the Federal Home cooperative banks that are eligible for 7146 which was published in the F e d er a l Loan Banks created by the Federal Home insurance and the applications of which R e g ist e r on June 24, 1967 (32 FR 9041), Loan Bank Act and issues regulations have been approved by the Corporation. (2) redesignates § 500.10 of the general and orders for carrying out the purposes The Corporation regulates and examines regulations of the Federal Home Loan of the provisions of that Act. Savings insured institutions within the authority Bank Board (12 CFR 500.10) as § 501.2 and loan associations and other institu­ conferred by Title IV of the National of said regulations (12 CFR 501.2), and tions specified in section 4 of the Federal Housing Act and is authorized to enforce (3) amends Part'500 of said regulations Home Loan Bank Act that make long­ applicable laws, regulations, or condi­ (12 CFR Part 500) to read as set forth term home mortgage loans are eligible to tions against insured institutions or the below, effective July 17, 1973. become members o f a Federal Home Loan officers or directors thereof by proceed­ 1. The headings and the text of Bank. The functions of the Board with ings under section 407 of the National amended Part 500 are as follows: respect to the Banks and their members Housing Act, as amended. The Corpora­ Subpart A— Functions and Responsibilities of the include, but are not limited to, the fol­ tion also regulates and supervises sav­ Board lowing; prescribing the conditions upon ings and loan holding companies pur­ Sec. ■ which a Federal Home Loan Bank is au­ suant to the provisions of section 408 of 500.1 General statement and. statutory au­ thorized to make advances to its mem­ the National Housing Act, as amended. th o rity. bers and to nonmember borrowers; pre­ 500.2 The Federal Home Loan Bank System. § 500.5 District o f Columbia savings and 500.3 The Federal savings and loan system. scribing rules governing the payment and loan associations. 500.4 The Federal Savings and Loan Insur­ advertisement of interest or dividends on The Board exercises supervisory and ance Corporation. deposits, shares, or withdrawable ac­ regulatory authority over all building and

No. 136—Pt. i ---- 3 FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19018 RULES AND REGULATIONS

loan or savings and loan associations and forms control, and the maintenance of Bank Board and the Federal Savings and similar institutions of or doing business a manual of procedures. The Board’s Loan Insurance Corporation. The Di­ in or maintainig offices in the District of emergency planning program for the rector is also responsible for an annual Columbia. continuity of operations and relocation examination o f each Federal Home Loan Subpart B— General Organization of the agency in the event of an emer­ Bank. gency is also a function of this Division. § 500.10 The Board. The Division is responsible for conduct­ § 500.16 . Director o f the Office of Com- The Board is composed of three mem­ ing purchase and supply operations, munications. bers, not more than two of whom are sorting, receiving, and distributing mail, The Director of the Office of Com­ members of the same political party. The maintenance, transportation, acquiring munications is responsible for the com­ members are appointed by the President and allocating space, contract adminis­ munication of Board actions and policy with the advice and consent o f the Senate tration and other housekeeping functions to the public and news media and for for four year terms. The Chairman is for the Board. The Management Infor­ the preparation of responses to in­ designated by the President and is the mation Center is maintained as part of quiries of a general nature respecting chief executive officer of the Board. Exec­ this Division. A printing and reproduc­ such actions and policy. utive and administrative functions of the tion plant is operated by this Division, Board were transferred to the Chairman as authorized by the Congressional Joint § 500.17 The General Counsel. by Reorganization Plan No. 6 o f 1963. Committee on Printing. The General Counsel is the chief legal The Board is assisted by a staff that in­ (c) The Personnel Management Divi­ officer o f the Board and has, among cludes eleven Offices. sion is responsible for the development other functions, those set forth below. and execution of the personnel manage­ He is responsible for the representation § 500.11 Secretary to the Board. ment program of the Board. The pro­ of the Board and the Federal Savings The Secretary to the Board is respon­ gram includes recruitment, placement and Loan Insurance Corporation in ju­ sible for the secretarial functions of the and staffing; position classification and dicial proceedings in which the Board Federal Home Loan Bank Board and the wage administration; employee develop­ or the Corporation is involved as a party Federal Savings and Loan Insurance ment and training; employee-manage­ or as amicus curiae and in administra­ Corporation. The Secretary to the Board ment relations; health; and incentive tive proceedings under the Federal Home is responsible for the preparation and awards. The Director of the Personnel Loan Bank Act, the Home Owners’ Loan maintenance of the Minute Record of all Management Division is also responsible Act o f 1933, and Title IV of the National official actions of the Board and for the for carrying out the purposes of Execu­ Housing Act. He is resppnsible for ad­ authentication of documents. The Office tive Order No. 10450, as amended, as vising the Board with respect to inter­ of the Secretary provides general record Personnel Security Officer of the Board. pretations involving questions o f law, services for the Board through the Files (d) The Information Systems Division for the preparation of legislation sub­ and Docket Section, which is under the compiles and distributes information es­ mitted by the Board to Congress, for the direction and supervision of the Secre­ sential in measuring the operations of preparation of Board comments to Con­ tary to the Board. The Secretary to the the members of the Federal Home Loan gress upon pending legislation, and for Board is Liaison Officer to the F e d er a l Bank System, as well as that information the preparation of regulations. He is R e g is t e r . The same person may be the necessary to the internal operations of also responsible for dealing with general Secretary to the Board and the Director the Board itself. The Division is respon­ problems arising under the Adminis­ of an Office at the same time. sible for the planning, design, program­ trative Procedure Act and for dealing § 500.12 Congressional Liaison Officer. ming, operation, and maintenance of with legal problems arising under ap­ Electronic Data Processing systems for plications to the Board and the Federal The Congressional Liaison Officer is the Board and for furnishing technical Savings and Loan Insurance Corpora­ responsible to the Chairman for ensuring advice and assistance to other Offices and tion. appropriate co-ordination and communi­ Divisions in connection with Electronic cation with Congress. Data Processing operations. § 500.18 Director of the Office of Exam­ inations and Supervision. § 500.13 Director o f the Office o f Man­ § 500.14 Director of the Office of Eco­ agement Systems and Administration. The Director of the Office of Exami­ nomic Research. nations and Supervision is responsible The Director of the Office of Manage­ The Director of the Office of Economic for the performance of the responsi­ ment Systems and Administration is the Research is the principal economic ad­ bilities of the Board and the Federal Executive Assistant to the Chairman. The viser to the Board and is responsible for Savings and Loaii Insurance Corpora­ Director is responsible for the supervi­ the analysis of economic data, including tion with respect to the examination sion and administration of the Office of but not limited to the conditions and op­ and supervision of Federal savings and Management Systems and Administra­ erations of savings and loan institutions, loan associations under the Home Own­ tion, which is divided into four divisions: financial intermediaries, mortgage and ers’ Loan Act of 1933 and of State- The Comptroller’s Division, the Admin­ housing markets, and real estate mat­ chartered insured institutions, savings istration and Methods Division, the Per­ ters generally. The Director selects and and loan holding companies, and sub­ sonnel Management Division, and the In­ conducts economic studies that he deter­ sidiaries of savings and loan holding formation Systems Division. mines to be of need and value of the companies under Title IV of the Na­ (a) The Comptroller’s Division is re­ Board. The Director has joint responsi­ tional Housing Act. The Director is also sponsible for the administration and bility with the Director of the Office of responsible for advising the Board with management of the internal financial op­ Management Systems and Administra­ respect to matters of policy decision, erations of the Board and the Federal tion for the collection and internal use legislation, and regulation to which his Savings and Loan Insurance Corpora­ of savings and loan data and is respon­ functions of supervision and examina­ tion, including budgeting, accounting, sible for the dissemination of such data tion are related. The Director is respon­ the receipt and disbursement of funds, in statistical form outside the Board. sible for the management of the ex­ the control, processing, and payment of He is responsible for the economic analy­ amination process and the development expenses, and the maintenance of pay sis of merger applications with respect to and improvement of examination tech­ and leave records. This Division is also possible impact on competitipn; and niques and for the direction of super­ responsible for the preparation of the for assisting and co-ordinating the work visory and enforcement activities of the Board’s annual budget submissions to and programs of Federal Home Loan staff and agents of the Board and the the Office of Management and Budget Bank economists. Federal Savings and Loan Insurance and to the Congress. § 500.15 Director o f the Office o f Audits. Corporation. This Office supervises the (b) The Administration and Methods The Director of the Office of Audits is security programs of insured institu­ Division is responsible for internal man­ responsible for the continuing audit of tions required by the Bank Protection agement reports and studies, records and the operations of the Federal Home Loan Act of 1968 and the enforcement of the

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19019

Truth in Lending Act and the Pair reviewing the activities of the Banks and and . the Federal Savings and Loan In­ Credit Reporting Act. for directing and co-ordinating their surance Corporation may from time to operating procedures to ensure conform­ time require the completion by individ­ § 500.19 Director o f the Office of Indus­ ity with the goals and objectives of the uals or institutions of miscellaneous try Development. Board. The Director is responsible for es­ forms, questionnaires, reports, or other The Director of the Office of Industry tablishing standards of accounting, re­ papers. In each instance, the individual Development is responsible for the proc­ porting*, and financial analysis for the or institution is given actual and timely essing, review, and evaluation of certain Banks and for providing advice and as­ notice of the scope and contents of the applications to the Board and the Fed­ sistance to the Banks in their operations, papers in question. eral Savings and Loan Insurance Cor­ including but not limited to, data proc­ § 500.31 Forms. poration, except for those instances in essing, planning, and community activ­ which such applications are approved ity. He is also responsible for advising the (a) The following forms, which are by an agent or officer of the Board pur­ Board with respect to policy decisions re­ available at the offices of agents of the suant to delegated authority. Applica­ specting the Banks and making recom­ Board and the Federal Savings and Loan tions for which the Director is respon­ mendations concerning such matters as Insurance Corporation at the Federal sible concern the following matters: budgets, the elections of officers and Home Loan Banks, shall be used for the permission to organize a Federal sav­ counsel, salaries, dividends, and bylaw purposes indicated. ings and loan association; a branch of­ amendments. (1) Forms with permanent numbers, fice, limited facility branch office, satel­ excepting Savings and Loan Holding § 500.22 Director of the Office of Hous­ Company forms in the H and HC series: lite office, or mobile facility of an ing and Urban Affairs. existing Federal savings and loan asso­ Form ciation; insurance of accounts; con­ The Director of the Office of Housing 93 ______Confidential Report of Security version from Federal to State or from and Urban Affairs is responsible for ad­ Infdhnation and Protection State to Federal charter; membership in vising the Board on the subject of hous­ Devices: Report P-1 (Insured ing, urban problems, and minority affairs institution) the Federal Home Loan Bank System; 9 4 ______Confidential Report of Crimes a merger involving a Federal savings and for recommending policies pertain­ Against Insured Institutions: and loan association; voluntary dissolu­ ing thereto. This Office develops and Report P-2 (Insured institu­ tion of a Federal savings and loan asso­ implements programs in low- and mod­ tio n ) ciation; an increase in accounts of an erate-income housing, inner-city hous­ 1 0 7 ______Monthly Report of Selected insurable type through merger, consoli­ ing investment and rehabilitation, pre­ Financial Data (Insured in­ venting discrimination in lending and stitu tio n ) dation, or purchase of bulk assets; in­ 1 3 8 ______Application for Permission to vestment in a service corporation by a employment by the savings and loan in­ dustry, and assisting minority groups Organize a Federal Savings Federal savings and loan association; a and Loan Association change in office location; investment who apply for Federal charters or insur­ 138 (IS) Outline of Information to be in an office building; waiver or modifi­ ance of accounts. The Center for Execu­ Submitted in Support of an cation of a condition for insurance of tive Development is maintained as part Application for Permission to accounts or issuance of a Federal char­ of this Office. Organize a Federal Savings and Loan Association ter; release of pledged savings accounts Subpart C— Procedures 139 ______Confidential Biographical and or escrowed stock; extension of a lend­ § 500.30 General statement concerning Financial Report (Certain ap­ ing area; approval of designation of a procedures and forms. plications) reserve account as part of the Federal 140 ___ _ Application for Insurance of Ac­ insurance reserve; approval of amend­ (a) Rules and procedures of the Board counts (State-chartered ap­ ments to charter, bylaws, or security and the Federal Savings and Loan Insur­ p lica n t) forms; permission to issue subordinated ance Corporation are published in Chap­ 140(IS) Outline of Information to be debt securities; and other applications ter V of Title 12 of the Code of Federal Submitted in support of an Regulations and in supplementary mate­ Application for Insurance of for which the Director of this Office may Accounts or a Request for a be assigned responsibility. The Direc­ rial published in the Federal Register. Commitment to Insure Ac­ tor of this Office is also responsible for The statutes administered by the Board counts of a State-chartered planning and coordinating new programs and the rules and regulations promul­ institution to stimulate the development of the sav­ gated pursuant to such statutes prescribe 141 ______Request for a Commitment to ings and loan industry by encouraging the course and method o f the form al pro­ Insure Accounts (State- financially sound restructuring. cedures to be followed in proceedings of chartered institution) the Board or the Federal Savings and 142 ______Proposed Operating Budget § 500.0 Director of the Office o f the Fed­ Loan Insurance Corporation. These are (Insured institution) eral Savings and Loan Insurance supplemented where practicable by in­ 159______Preliminary Application for Corporation. Conversion into a Federal as­ formal procedures designed to aid the sociation—Exhibit J The Director of the Office of the Fed­ public and facilitate the execution of the 186__- ____ Application for Insurance of Ac­ eral Savings and Loan Insurance Cor­ Board’s functions. The informal proce­ counts (Federal Savings and poration is responsible for advising the dures of the Board consist principally in Loan Association and State- Board with respect to the policies and the rendering of advice and assistance » chartered applicant for Con­ operations of the Corporation. In co­ to members of the public dealing with version) the Board. Opinions expressed by mem­ 241______Emergency and Disaster Pre­ ordination with the General Counsel and paredness Measures (Insured the Director of the Office of Examina­ bers of the staff do not constitute an offi­ institution) tions and Supervision, the Director is cial expression of the views of the Board, 297______Affidavit (Pursuant to §§ 556.2 responsible for the development and im­ but do represent views of persons work­ and 571.5) plementation of plans of financial as­ ing with the provisions of the statute or 300______Reserve Agreement (Applicant sistance to prevent the default of regulation involved. for Federal charter or insur­ insured institutions. He is also respon­ (b) Information with respect to pro­ ance of accounts) sible for the implementation and settle­ 303______Statement of Condition (Fed­ cedures, forms, and instructions of the eral Savings and Loan Asso­ ment of the Corporation’s insurance ob­ Board and the Federal Savings and Loan cia tio n ) ligations and for the management and Insurance Corporation is available to the 443______Report of Liquidity Deficiency liquidation of assets acquired by the public at the headquarters of the Board (Bank member) Corporation as receiver or otherwise. or at the offices of the Federal Home 4 50 ______Application for Membership and Loan Banks. Forms of concern to the Subscription to Stock in Fed­ § 500.21 Director o f the Office o f the public consist principally of periodic eral Home Loan Bank Federal Home Loan Banks. financial reports and of applications to 457______Dividend Agreement—Exhibit A The Director of the Office of the Fed­ the Board or the Federal Savings and (State-chartered applicant eral Home Loan Banks is responsible for Loan Insurance Corporation. The Board for Insurance of Accounts)

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17# 1973 19020 RULES AND REGULATIONS

Form Form Form 458— Stockholder’s Affidavit (State- 754 ______Checklist of Supporting Docu­ 6 - T ------Petition for Charter (Charter chartered institution) ments for Branch Office K revised) 601 ------Pledge & Escrow Agreement Application (Federal Sav­ 7- T ------Petition for Charter (Charter (New Federal Savings and ings and Loan Association) N or K ) Loan Association) • 756 ______Checklist of Supporting Docu­ 8 - T ------Agreement for Operating Poli­ 602 ______Pledge & Escrow Agreement ments for Permission to cies (Insured institution) (Converted Association) Organize (Federal Savings 9 - T ------Outline of Information to be 603 ------Pledge & Escrow Agreement and Loan Association) Submitted in Support of an ( Insurance of Accounts) 774a______Semiannual report: State­ Application for Permission 6 31 _------Depositary and Interlock Report ment of Condition—Assets to Establish and Operate a (Insured institution) (Insured institution) Mobile Facility (Federal 638------Dividend Agreement (Applicant 774b & c ____ Semiannual report: State­ Savings and Loan Associa­ for a Charter for a Federal m en t of Condition—Liabili­ tio n ) Savings and Loan Associa­ ties, Net Worth (Insured 1 0 - T ------Subscription to Capital (Fed­ tio n ) institution) eral Savings and Loan 646 ______Lender’s Application for Bor­ 775 ______Semiannual report: Income Association) rower Approval and Firm and Expense (Insured insti­ 11- T ------Dividend Agreement (Unin­ Commitment of Housing Op­ tu tio n ) sured State-chartered Ap­ portunity Allowance (Bank 776 ______Semiannual report: Slow plicants for Conversion) m em ber) loans and Scheduled Items 1 2 - T — ------Affidavit of Transferor (Per­ 647 ______Lender’s Schedule of Housing (Insured institution) manent stock) Opportunity Allowance Pro­ 777 ______Semiannual report: Supple­ 1 3 - T _____ Affidavit of Transferee (Per­ grams (Bank member) mental Data (Insured insti­ manent stock) 660______Confidential Biographical and tu tio n ) 1 4 - T _____ Escrow of Permanent Stock— Financial Report (Holding 850 ___.-_____ Application for Permission to Resolution of Institution C om pany) Change Location of an Of­ Directors (under Exhibit 700______Application for Permission to fice (Federal Savings and “X ”); Certification Establish a Branch Office Loan Association) 1 5 - T _____ Escrow Agreement—Exhibit (Federal Savings and Loan 8 6 1 ______Application for Permission to “X ” (Permanent stock) Association) Establish a Satellite Office 1 6 - T _____ List of Stockholders 700 (IS) Applicant Instructions for a (Federal Savings and Loan 1 7 - T _____ Escrow of Permanent Stock— Branch Office (Federal Sav­ Association) Resolution of Institution ings and Loan Association) 873 ______Application for Permission to Directors (under Exhibit 7 09 ______Application for Permission to Establish a Limited Facility “W”); Certification Increase Accounts of an In­ Office (Federal Savings and 1 8 - T ______Escrow Agreement—Exhibit surable Type (State-chartered Loan Association) “W ” (Permanent stock) institution) 893 ______Determination of Compliance 1 9 - T _,------Substitute Stock Escrow 710 ______Application for Merger (Pur­ with Insurance Regulation Agreem ent suant to §§546.1, 546.2, and 563.13 2 0 - T _____ Applicant’s Instructions for 556.2) Extension of Lending Area 709/710 Applicant Instructions for (2) Savings and Loan Holding Com­ (Pursuant to § 563.9(b)) (IS) Preparation of Merger Appli­ pany forms (described more fully in 2 1 - T ______Escrow of Permanent Stock— cations (Pursuant to §§546.2 § 584.10 o f this ch a p ter): Form of Receipt and 563.22) Form (b) The following forms, which are 712 ______Statement of Condition (Sub­ H - ( b ) 3 ____ Registration Statement (Cor­ mitted with Form 709 or 710) poration as trustee) available at the offices of the Federal 713 ______Comparative Operating State­ H - ( b ) 4 ____ Registration Statement (Cred­ Savings and Loan Insurance Corpora­ ment (Submitted with Form itor as savings and loan tion, Federal Home Loan Bank Board 709 or 710) com pany) Building, 101 Indiana Avenue, NW„ 714 ______Part I & Part II—Report of H - ( b ) 5 ____ Registration Statement (Vot­ Washington, D.C. 20552, are prescribed Officers and Directors In Insti­ in g T ru st) for use by members of the public: tution “C” (Submitted with H - ( b ) 1 0 ___ Registration Statement Form Form 709 or 710) H -( b ) 11 __ Annual Report 400______Notice of Default (Loans) 718 ______Report of Permanent Stock H -( b ) 1 2 ___ Current Report H - ( d ) l ____ Application (Pursuant to 681______Affidavit as to Ownership in­ (Voting Shares) (Submitted terest in Non-qualifying with Form 709 or 710) § 584.3 (a ) ( 4 ) ) H - ( d ) 2 ____ Application (Pursuant to Joint Accounts 719 ____ _ Part I & Part II—Report of Ad- § 584.3 (a) (6)) 683____ :_____ Agreement to Indemify (Pay­ visory Board or Committee H - ( e ) l _____ Application under § 584.4 ment of Claim for Insur­ and Consultants for Institu­ H -( e ) 2 _____ Application under § 584.4 ance) tion “C” (Submitted with H—( e ) 3 _____ Application under § 584.4 844______Affidavit for Lost Passbook or Form 709 or 710) H - ( f ) ______Dividend Notification Certificate Claim for Insur­ 720 ___ _ Report of Assets, Savings and H -r(g) ______Application under § 584.6 ance and Assignment of In­ Mortgages (Submitted with HC-F ______Instructions: Form and Con­ sured Account Form 709 or 710) tent of -Financial State­ § 500.32 Offices o f the Board; informa­ 721 ______Institution Address List (Sub­ ments of Savings and Loan tion and submittals. mitted with Form 709 or 710) Associations Required in 722 __ __ _ Random Sampling of Savings Filings Pursuant to Section (a) The headquarters of the Federal Accounts Outstanding (Sub­ 408 of the National Housing Home Loan Bank Board is located at mitted with Form 709 or 710) Act, as amended 101 Indiana Avenue, NW, Washington, 723 _____ Report of Mortgage Loans Made (3) Forms with temporary numbers: D.C. 20552. General inform ation con­ (Submitted with Form 709 or cerning the Federal Home Loan Bank 710) Form 1- T __ Application for Authorization Board, the Federal Home Loan Bank 724 _^__ _ Report of Mortgage Recordings to Invest in Office Building system, the Federal savings and loan (Submitted with Form 709 or (Federal Savings and Loan system, or the Federal Savings and Loan 710) Association) Insurance Corporation may be obtained 7 41 ___ __ Pertinent Financial Ratios 2 - T ____ _ Application for Permission to in person at that location or by written (Submitted with Form 709 or Establish and Operate a 710) request addressed to the Secretary to the Mobile Facility (Federal Federal Home Loan Bank Board, 101 742 __ ___ Financial Footnotes and Com­ Savings and Loan Asso­ mentary (Submitted with cia tio n ) Indiana Avenue, NW, Washington, D.C. Form 709 or 710) 3 - T ______Application for Conversion 20552. 743 __ __ _ Application for Final Approval into a Federal Association (b) Sections 501.10 and 501.11 of the of Exact Location of Au­ (Charter K revised) general regulations of the Federal Home thorized Branch Office (Fed­ 4- T ...... Application for Conversion eral Savings and Loan Into a Federal Association Loan Bank Board set forth the purposes Association) (Charter N) for which the President of a Federal

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19021

Home Loan Bank or officer or employee (11) Federal Home Loan Bank of San Fran­ Title 13— Business Credit and Assistance cisco of a Federal Home Loan Bank when The Crown Zellerbach Building CHAPTER I— SMALL BUSINESS ADMINISTRATION designated by the Board may be agents One Bush Street of the Board and the Federal Savings San Francisco, California 94104 [R ev. 6] and Loan Insurance Corporation. Gen­ Los Angeles Branch Office eral inform ation concerning the Board, 615 South Flower Street PART 120— BUSINESS LOAN POLICY the Federal Home Loan Bank System, the Los Angeles, California 90017 On March 9, 1973, the Small Business District 11: Arizona, California, Nevada Administration published in the F e d e r a l Federal savings and loan system, or the (12) Federal Home Loan Bank of Seattle R e g is t e r Federal Savings and Loan Insurance 600 Stewart Street (38 FR 6409) a notice of pro­ Corporation may be obtained from Seattle, Washington 98101 posed rulemaking which consolidated District 12: Alaska, Hawaii and Guam, revision 5 and its several amendments. It agents of the Board and the Federal Idaho, Montana, Oregon Utah, Wash­ also deleted policy relating to disaster Savings and Loan Insurance Corpora­ ington, Wyoming loans, which policy has been added to tion at the offices of the Federal Home (c) A Chief Examiner in charge of a Part 123 of these regulations, effective Loan Banks. Submittals to the Board or staff of field examiners and office person­ July 1, 1973. It also proposed changes the Federal Savings and Loan Insurance nel is stationed in each of the Federal relating to refusals by lending institu­ Corporation should be made to the Home Loan Bank districts. Under the tions prior to SBA approval of direct direction of the Director of the Office loans, gambling activities involving the President of the Federal Home Loan sale of official State lottery tickets, and Bank of the district in which the sub­ o f Examinations and Supervision, each Chief Examiner is responsible for exam­ the one-time guaranty fee. The public mitting person or institution resides or is inations conducted in his district. The was invited to comment by March 29, located. The Federal Home Loan Banks address of the district office and, where 1973. Such comment has been received and their districts are as follows: it exists, of any branch office of a Chief and considered, and the proposed revi­ sion is adopted with minor modifications. (1) Federal Home Loan Bank of Boston Examiner may be obtained from the One Union Street, Boston, Massachu­ President of the Federal Home Loan This Revision 6 is effective as of July 1, setts 02108 Bank serving the Chief Examiner’s 1973, as follow s: District 1: Connecticut, Maine, Massa­ district. Sec. chusetts, New Hampshire, Rhode Is­ (d) The field offices of the Federal 120.1 Introduction. land, Vermont Savings and Loan Insurance Corporation 120.2 Business loans and guarantees. 120.3 -Terms and conditions of business (2) Federal Home Loan Bank of New York áre as follows: loans and guarantees. 60 Broad Street, New York, New York 900 Wilshire Boulevard 10004 A u t h o r i t y : 72 Stat. 387, as amended, 15 S u ite 840 District 2: New Jersey, New York, Puerto Los Angeles, California 90017 U.S.C. 636, sec. 5, 72 Stat. 385, 15 U.S.C. 634 Rico, Virgin Islands 10001 West Roosevelt Road (b ) ( 6 ) . (3) Federal Home Loan Bank of Pittsburgh Westchester, Illinois 60153 § 120.1 Introduction. Eleven Stanwix Street, Fourth Floor, Gateway Center 2. The heading and the text of § 501.2, (a) This part is established by the Pittsburgh, Pennsylvania 15222 form erly § 500.10, are as follow s: SBA to set forth principles and policies Philadelphia Branch Office § 501.2 Assessments. which will be followed in the granting Three Parkway Building and denial of financial assistance for 16th and Benjamin Franklin Parkway, Beginning with the assessment for the business loans to small business concerns. Philadelphia, Pennsylvania 19102 last half o f calendar year 1972, each It is not intended that this general state­ District 3: Delaware, Pennsylvania, West semiannual assessment under the provi­ ment of policy provide answers to all V irginia sions of subsection (b) of section 18 of questions which may arise in connection (4) Federal Home Loan Bank of Atlanta the Federal Home Loan Bank Act, as with specific applications. Coastal States Building amended, to meet the estimated ex­ (b) “Financial assistance” as used In 260 Peachtree Street, N. W . penses of the . Board shall be made on this part shall include direct loans made Atlanta, Georgia 30303 the following basis: Each Federal by SBA, immediate participation loans, District 4: Alabama, District of Colum­ Home Loan Bank will be assessed and guaranteed loans. bia, Florida, Georgia, Maryland, North such amount as may be necessary to Carolina, South Carolina, Virginia (c) “Financial institutions” as used in meet the Board’s expenses, such as­ this part shall include, but not be lim­ (5) Federal Home Loan Bank of Cincinnati sessment to be upon the several Banks ited to, banks and other lending institu­ 2500 DuBois Tower in the same proportion as the total paid- tions whose regular course of business Cincinnati, Ohio 45202 in value of capital stock of the respec­ District 5: Kentucky, Ohio, Tennessee entails the making of commercial, in­ tive Banks bears to the total paid-in dustrial and/or other loans of the type (6) Federal Home Loan Bank of Indianapolis value of capital stock of all the Banks at authorized to be made by SBA to eligible 2900 Indiana Tower the same point in time. For the assess- One Indiana Square small business concerns, and who other­ ment_for the first half of a calendar year, wise meet the criteria specified in Indianapolis, Indiana 46204 total paid-in value of capital stock shall District 6: Indiana, Michigan § 120.3(c). be determined from information con­ (7) Federal Home Loan Bank of Chicago tained in the reports of the respective § 120.2 Business Loans and Guarantees. 111 East Wacker Drive Banks as of November 30; and for the Basic principles governing the grant­ Chicago, Illinois 60601 assessment for the last half of the cal­ District 7: Illinois, Wisconsin ing and denial of applications for finan­ (8) Federal Home Loan Bank of Des Moines endar year, such determination shall be cial assistance: Federal Home Loan Bank Building made from information contained in the (a) Applications for financial assist­ Second at Center reports of the respective Banks as of May ance may be considered only when there Des Moines, Iowa 50309 31. is evidence that the desired credit is not District 8: Iowa, Minnesota, Missouri, * * * * * otherwise available on reasonable terms. North Dakota (9) Federal Home Loan Bank of Little Rock (Secs. 17, 18, 47 Stat. 736, 737, as amended; The financial assistance applied for shall . 1400 Tower Building 12 U.S.C. 1437, 1438. Reorg. Plan No. 3 o f be deemed to be otherwise available on Little Rock, Arkansas 72201 1947, 12 FR 4981, 3 CFR, 1943-48 Comp., p. reasonable terms, unless it is satisfac­ District 9: Arkansas, Louisiana, Missis­ 1071) torily demonstrated that: sippi, New Mexico, Texas (1) Proof of refusal of the required (10) Federal Home Loan Bank of Topeka By the Federal Home Loan Bank Board. financial assistance has been obtained Federal Home Loan Bank Building from — Seventh and Harrison Streets [ s e a l ] G r e n v il l e L. M il l a r d , Jr., (i) The applicant’s bank of account; Topeka, Kansas 66601 Assistant Secretary* District 10: Colorado, Kansas, Nebraska, (ii) If the amount of financial assist­ O klahom a [FR Doc.73-14557 Filed 7-16-73; 8:45 am] ance applied for is In excess of the

FEDERAL REGISTER, V O L 38, N O . 136— TUESDAY, JULY 17, 1973 19022 RULES AND REGULATIONS amount that the lender normally lends loan is to accomplish an expansion which cipal owners) is derived from gambling to any one borrower, then a refusal from is unwarranted in the light of the appli­ activities, except in those cases where a correspondent bank or from any other cant’s past experience and management an otherwise eligible small business con­ lending institution whose lending capac­ ability, or when the effect of making the cern obtains less than one-third of its ity is adequate to cover the financial as­ loan is to subsidize inferior management. gross income from its income or com­ sistance applied for; and (2) Where the purpose of the loan mission from the sale o f official state (iii) Not less than 2 financial institu­application is to effect a change in the lottery tickets under a state license. tions for direct loans in cities where the ownership of the applicant small busi­ (6) If the financial assistance is to population exceeds 200,000. ness concern, the loan may usually be provide funds to an enterprise primar­ approved where there is a reasonable ily engaged in the business of lending Proof of refusal must contain the date, justification for the change in ownership or investments or to any otherwise amount and terms requested, and the on the ground that the change will eligible enterprise for the purpose of fi­ reasons for not granting the desired promote the sound development or pre­ nancing investments not related or es­ credit. Refusals to advance credit should serve the existence of a small business sential to the enterprise; not be considered the full test of un­ concern; or will contribute to a well- (7) If the purpose of the financial as­ availability of credit and, where there is balanced national economy by facilitat­ sistance is to finance the acquisition, knowledge or reasons to believe that ing ownership of small business concerns construction, improvement, or operation credit is otherwise available on reason­ by persons whose participation in the o f real property which is, or is to be, held able terms from other sources, the finan­ free enterprise system has been pre­ primarily for sale or investment; cial assistance applied for cannot be vented or hampered, because of eco­ (8) If the effect of the granting of the granted notwithstanding the receipt of nomic, physical, or social disadvantages, financial assistance will be to encourage written refusals from such lending or because of disadvantages in the busi­ monopoly or will be inconsistent with the institutions. ness or residential locations. accepted standards o f the American sys­ (2) The financial assistance required (3) Where the purpose of the financial tem of free competitive enterprise; does not appear to be obtainable : assistance is to finance the construction, (9) Generally, if the financial assist­ (1) On reasonable terms through the acquisition, conversion, or operation of ance Would be used primarily in agricul­ public offering or private placing of secu­ recreational or amusement enterprises, tural activities. Agricultural activities rities of the applicant; any such enterprise must be open to the include, but are not limited to, the pro­ (ii) Through the disposal at a fair general public, it must be properly duction of food and fiber. Where the ap­ price of assets not required by the appli­ licensed by appropriate State or local plicant is engaged in an agricultural ac­ cant in the conduct of its existing busi­ authority, and the character and repu­ tivity and financial assistance has been ness or not reasonably necessary to its tation of the applicant will be given form ally declined by an Agency of the potential healthy growth; and special consideration. Federal Government or an agricultural (iii) Without undue hardship through (d) Financial assistance will not becredit service supervised by the Farm utilization of the personal credit or re­ granted by SBA: Credit Administration, such applicant sources of the owner, partners, manage­ (1) If the direct or indirect purposemay be eligible for financial assistance ment, or principal shareholders of the or result of granting such assistance from SBA: Provided, however, That an applicant; would be to— activity will not be eligible for financial (iv) Through other applicable Gov­ (1) Pay off a creditor or creditors o f assistance if it (i) produces (or in the ernment financing. the applicant who are inkdequately se­ last growing season produced) one or (b) It is the policy to stimulate and cured and are in position to sustain a more crops currently eligible for U.S. De­ encourage loans by banks and other loss. partment of Agriculture support pay­ lending institutions. (ii) Provide funds, directly or indi­ ment or production loan; (ii) is engaged ( 1 ) An applicant for a direct SBA loan rectly, for payment distribution, or as in the production of livestock or poultry, must show that an immediate participa­ a loan to owners, partners, or share­ including eggs, except for (a) the opjera- tion or guaranteed loan is not available. holders of the applicant which do not tion of a hatchery for the production of An applicant for an immediate partici­ change ownership interests in applicant. baby chicks for sale to others, provided pation loan must show that a guaranteed This shall not apply to ordinary com­ that the hatchery purchases from others loan is not available. pensation for services rendered. more than 50 percent of its eggs; or (b) (2) SBA’s share of immediate partici­ (iii) Refund a debt owed to a Small the operation of a commercial feed yard pation loans shall not exceed 75 percent for cattle or hogs where its income is de­ of the loan. Exceptions may be made in Business Investment Company. (iv) Replenish funds theretofore used rived from the service operation of hous­ cases when the participant’s legal lend­ ing and feeding animals, either owned by ing limit precludes a 25-percent partici­ for such purposes. (2) If the financial assistance will pro­ others or purchased from producers pation. In such cases the participant will solely for the purpose of fattening and be required to share in the loan to the vide or free funds for speculation in any kind of property, real or personal, resale prior to slaughter; or (c) the op­ extent of its legal lending limit but in eration of a commercial poultry feed no event less than 10 percent. In guar­ tangible or intangible; yard where its income is derived from anteed loans the exposure of SBA under (3) If the applicant is an eleemosy­ the service operation of housing and the guaranty may not exceed 90 percent nary institution or other nonprofit feeding poultry owned by others, even of the unpaid principal balance and ac­ enterprise: Provided, however, That this when such operation results in the pro­ crued interest. provision shall not be construed to bar duction of eggs; or (iii) is engaged in the - (3) No agreement to extend financial financial assistance to a cooperative if production of fish, unless the production assistance under the Small Business Act it carries on a business activity and the process or type of fish is novel, innova­ shall establish any preferences in favor purpose of such activity is to obtain tive, or experimental in nature. of a bank or other lending institution. pecuniary benefit for its members in the (10) Generally, if the financial assist­ (c) Assurance of repayment, change operation of their otherwise eligible small ance to be provided is for use in multi­ of ownership, and recreational and business concerns. An otherwise eligible level sales distribution plans. amusement enterprises. small business concern will not become ineligible because it is owned in whole § 120.3 Terms and conditions of busi­ (1) No financial assistance shall be ness loans and guarantees. extended unless there exists reasonable or in part by a nonprofit organization. assurance that the loan can . and will (4) If the applicant is a newspaper, (a) Maturities. The maturity of bus> be repaid pursuant to its terms. Rea­ magazine, book publishing company, ness loans made under the Small Busi­ sonable assurance of repayment will exist radio broadcasting company, television ness Act shall be restricted to the mini­ only where the past earnings record and broadcasting company, film production mum consistent with sound business future prospects indicate ability to repay company, or similar enterprise; practice. The maturity may not exceed the loan and other obligations. It will (5) If any part of the gross income 10 years, except that such portion of a be deemed not to exist when the proposed of the applicant (or of any of its prin­ loan made for the purpose of construct-

FEDERAL REGISTER, V O L 38, NO . 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19023 ing facilities may have a maturity not the same basis. When purchased by SBA, evaluating, disbursing, and servicing in excess of 15 years. the rate of interest to the borrower on commercial term, and other loans au­ (b) Charges and interest rates— (1) SBA’s share of the loan shall be per­ thorized to be made by SBA to small Charges. In guaranteed loans (those made cent per annum, except where the rate concerns. by a financial institution with which SBA of interest on the share of the loan of (2) Capital structure and financial has entered into an agreement to guar­ the financial institution is less than 5 V2 standing. Have an adequate capital antee as set forth in the Part 122 o f this percent per annum then the rate on structure aggregating not less than $200,- chapter), a guaranty charge shall be SBA’s share of the loan shall be at the 000, which must be so unimpaired or of payable by the financial institution to same rate, but not less than 5 percent such tangible nature to. be considered SBA for such agreement. The guaranty per annum. When SBA purchases its sound texcept that the $200,000 minimum charge shall be one-fourth of 1 percent guaranteed share, its payment to the shall not apply to institutions which are per annum o f the portion o f the loan -guaranteed participant of accrued inter­ subject to supervisory and examining which SBA has guaranteed, for guar­ est to the date of purchase shall be at control of State or Federal chartering, li­ antees approved prior to January 1,1973. the interest rate established by partici­ censing or similar regulatory authority) Effective January 1, 1973, the guaranty pant but shall not exceed an effective and, together with its existing or pro­ charge is set on a one-time basis at 1 rate of interest of 8 percent per annum, posed directors, officers, other employees, percent of the amount of the authorized and without any future adjustment for and other persons connected with its or­ guaranteed portion of the loan, and is any unpaid accrued interest in excess of ganization and operations, possess good payable at first disbursement by the par­ 8 percent per annum. character as well as general standing ticipating lender. For loans made under (v) The interest which a financial in­ and reputation in the community based a revolving line of credit with a maturity stitution pays SBA for temporary ad­ on their lending and other established of up to 12 months, the guaranty charge vances under the liquidity privilege in a financial ability and experience. is one quarter o f one percent of the guar­ guaranty loan agreement varies accord­ (3) Qualified management. Have and anteed portion payable initially by the ing to the approval date of SBA’s guar­ maintain in charge of operations quali­ participating lender at the time of SBA anty on a given loan. fied management which shall be avail­ approval of the line of credit. Longer ma­ (vi) From time to time SBA may pub­ able to the public during regular busi­ turities, or extensions, will be pro-rated lish in the F e d er a l R e g is t e r notices o f ness hours, and hold itself out to the on the basis of one quarter of one percent the maximum rates acceptable to SBA public as engaged in the making of com­ per annum, payable to SBA at the time of under the immediate participation and mercial, industrial and other loans of the approval of the extension of maturity. guaranty programs. >. type authorized to be made by SBA to (2) Interest, (i) Except as provided in (3) Service fees. In immediate par­ eligible small concerns. subdivision (iii) of this subparagraph, ticipation loans, and guaranteed loans (4) Supervisory and examining au­ interest on SBA’S share of immediate where SBA has purchased its portion, thority. Be operating subject to ap­ participation loans shall not exceed 5% made and serviced by a financial insti­ plicable supervisory and examining con­ percent per annum and where the rate tution, the financial institution may de­ trol of State or Federal chartering, of interest on the share of the loan of the duct a service fee only out of interest licensing or similar regulatory author­ bank or other financial institution is less collected for the account of SBA so long ity, or, in the absence of such control, be than 5% per annum then the rate of as the bank is servicing the loan: And authorized to and shall enter into a SBA’s share of the loan shall be at the provided, That such fee shall not be written agreement with SBA to submit same rate, but not less than 5 percent added to any amount which borrower is appropriate financial reports to SBA or per annum. Subject to the approval of obligated to pay under the loan. Where to make available for SBA examination SBA, a participating financial institu­ SBA’s share of the loan is 75 percent or its books, records, accounts and affairs tion may establish such rate of interest less, the service fee shall be three- deemed necessary and appropriate by on its share o f a loan as shall be legal and eighths of 1 percent per annum on the SBA to the protection of its interest in reasonable. Subject to the above guide­ unpaid principal balance of SBA’s share the transaction. lines, lending institutions may be given of the loan. Where SBA’s share is in ex­ (5) Absence of other financial or self- the option of utilizing a fluctuating rate cess of 75 percent of the loan, the service dealing interest in borrower concern. Not of interest. The fluctuations may occur fee shall be one-fourth of 1 percent per possess, nor may any of its officers, di­ no more than semiannually, and must annum on the unpaid principal balance rectors, stockholders owning ten (10) or rise or fall on the same basis. of SBA’s portion of the loan. more percent of any class of shares, in­ (ii) Direct loans: Except as provided (4) Closing fees. A closing fee equiva­ vestment advisers, or other associates in subdivision (iii) of this subparagraph, lent to one-eighth of 1 percent of SBA’s or affiliates, possess any interest directly interest on all direct loans which may be approved portion of the loan, or $10, or indirectly, in the small business con­ made by SBA shall be at the rate of 5 Vz whichever is the greater, shall be im­ cern (or in the case of a loan to a Local percent per annum except as may be posed upon all direct loans and immedi­ Development Company, the small busi­ otherwise required by reason of the pro­ ate participation loans made and serv­ ness concern to be assisted) by reason visions of the Servicemen’s Readjust­ iced by SBA which are authorized pur­ of a stock or warrants position, or as a ment Act of 1944, as amended. suant to section 7(a) of the Small Busi­ result of financing its own sales or busi­ (iii) Interest on SBA’s share of finan­ ness Act, as amended. The fee shall be ness operations (except that any such cial assistance, which may be extended paid to SBA prior to disbursement of the interest in the borrower by a small busi­ to Group Corporations shall be at the loan and shall be exclusive of any other ness investment company, duly licensed rate of 5 percent per annum. Subject to closing costs (such as recording fees and by SBA, associated or affiliated with a the approval of SBA, financial institu­ taxes, costs of title examination and title loan participant shall not disqualify such tions may establish such rate of interest insurance, and other charges incident to otherwise eligible loan participant). Con­ on their share of participation or guar­ the transaction) which are customarily cerns operating as a subsidiary or affiliate anteed loans as shall be legal and paid by the borrower. engaged primarily in lending for the reasonable. (c) Eligible loan participant. SBA ispurpose of financing the sale of products (iv) Except as provided in subdivision authorized by appropriate enabling leg­ or services or other business operations (iii) of this subparagraph, the interest islation to make participation loans to of an affiliate or parent concern are not rate on guaranteed loans, subject to the small concerns in cooperation with banks considered eligible. In the event the bor­ approval of SBA, may be established by or other lending institutions through rower shall be required to obtain per­ the participating financial institution at agreements to participate on an immed­ sonal insurance coverage (as contrasted a rate that shall be legal and reasonable. iate or deferred basis. In order to serve with hazard insurance to protect col­ Subject to the above guidelines, lending as an eligible loan participant in a par­ lateral) , it shall be only in such minimum institutions may be given the option of ticular loan transaction with SBA, the amounts and costs as are necessary to utilizing a fluctuating rate of interest. financial institution must— protect the loan. Such insurance cover­ The fluctuations may occur no more than (1) Capacity to service loan. Have theage shall be limited to declining term semiannually, and must rise or fall on continuing capacities for processing; policies, providing, a decrease in coverage

FEDERAL REGISTER, V O L 38, NO. 136— TUESDAY, JULY 17, 1973 19024 RULES AND REGULATIONS

consistent with the decreasing loan Branch, Federal Aviation Administration 1972 (37 FR 22798). Due consideration balance outstanding. New England Region; has been given to all comments pre­ (6) Ineiligibility of SBIC’s. Not operate (2) Thereafter, on a daily basis inspect the hinge fitting assemblies in accordance sented in response to the notice. Except as a small business investment company for minor editorial changes, and except duly licensed by SBA. with Section 2C of said Bulletin or later ap­ proved revisions or an equivalent method as specifically discussed hereinafter (Catalog of Federal Domestic Assistance approved as above; and these amendments and the reasons Program No. 59.012, Small Business Loans) (3) At each 150 hours time in service after therefor are the same as those in Notice the initial inspection described in (a) (1) or 72-28. Dated: July 1, 1973. approved equivalent period inspection, in­ spect the hinge fitting assemblies in ac­ The FAA received over 35 comments in A n t h o n y G. C h a s e , response to Notice 72-28. All but one Acting Administrator. cordance with Section 2G of said bulletin or later approved revisions or an equivalent favored adoption of the proposed amend­ [FR Doc.73-14508 Filed 7-16-73;8:45 am] method approved as above. ments to Subpart D o f Part 91. How­ (b) For aft fuselage upper and lower hinge ever, most of the commentators favoring Title 14— Aeronautics and Space fitting assemblies and upper and lower pylon adoption recommended that the list of hinge fitting assemblies S6120-65118-3, S6120- permissible charges in proposed § 91.181 CHAPTER I— FEDERAL AVIATION ADMIN­ 65118-4, S6120-65118-34, S6120-65121-0, (d) be changed so as to specifically per­ ISTRATION, DEPARTMENT OF TRANS­ S6120-75702—1, S6120-75702-2, S6120-66117-0, PORTATION mit charging for expenses that could be S6120-66117—2, S6120-66120-0, S6120-66120-2; attributed to a particular flight, although [Docket No. 73-NE-20; Arndt. 39-1686] ( 1 ) Within the next 15 days after the effec­ tive date of this AD, unless already accom­ they are not incurred as a direct result PART 39— AIRWORTHINESS DIRECTIVES plished, inspect the aft fuselage hinge fitting of that flight in that they are incurred irrespective of whether or not the flight Sikorsky S -6 1 Helicopters lugs and the pylon hinge fitting lugs in accordance with Section 2B of Sikorsky Serv­ is conducted. Such expenses include (1) Amendment 39-1216, AD 71-11-7, re­ ice Bulletin No. 61B20-6A dated June 18, salaries of flight crews employed by the quires visual inspection of tire fuselage 1973 or later approved revisions or an equi­ aircraft operator, (2) aircraft deprecia­ hinge fittings of specified Sikorsky S-61 valent Inspection method approved by the tion, (3) insurance premiums (hull and helicopters for cracks. After issuing Chief, Engineering and Manufacturing liability), (4) crew training costs, and Branch, Federal Aviation Administration, Amendment 39-1216, reports have been New England Région. (5) maintenance costs. In this regard, a number of means were suggested by received by the FAA indicating the oc­ (2) Thereafter, at intervals not to exceed currence of corrosion of certain of the 50 hours time in service from the last in­ commentators whereby these expenses fuselage hinge Sittings and the pylon spection, inspect the aft fuselage hinge fit­ could be recovered as charges for a par­ hinge fitting lugs which could result in ting lugs and the pylon hinge fitting lugs in ticular flight. failure of these hinge fitting assemblies. accordance with Section 2D of said Bulletin, With respect to the proposal in the Since this condition is likely to exist or later approved revisions, or an equivalent notice that a charge equal to 100 per­ or develop in other aircraft of the same inspection method approved as above; and cent of the cost of the fuel for the type design, an AD is being issued super­ (3) At each 150 hours time in service after flight be allowed instead of a specific seding AD 71-11-7 which will require an the initial inspection described in (b) (1) or approved equivalent period inspection, in­ computation of these expenses, a num­ inspection of the fuselage hinge fittings spect the aft fuselage hinge fitting lugs and ber of commentators contended that and pylon hinge fittings for corrosion in the pylon hinge fitting lugs in accordance such a provision would not, in many accordance with a revised Sikorsky with Section 2F of said Bulletin, or later cases, permit recovery of all of the ex­ Service Bulletin No. 61B20-6A, dated approved revisions or an equivalent inspec­ penses resulting from the operation of June 18, 1973. The visual inspection of tion method as approved above. the aircraft. However, the FAA believes, the fuselage hinge fittings required in (c) If a crack is found, remove and replace based on the information available to AD 71-11-7 is being retained with the the hinge fitting prior to further flight. it; that the allowance of such a charge modification that the previous compli­ (d) These inspections are not required on would provide for the recovery by the ance interval of 120 days is being the steel upper hinge fitting assemblies or operator of an amount that would rea­ changed to 150 hours time in service so on any hinge fitting assemblies in the T73 sonably approximate expenses not in­ as to make this inspection coincide with condition. (This supersedes AD -71-11-7) curred as a direct result of a particular the new inspection" for corrosion. This amendment becomes effective flight, but appropriately attributed Since a situation exists that requires July 27, 1973. thereto. This would, at the same time, Immediate adoption of this regulation, (Secs. 313(a), 601, 603, Federal Aviation Act relieve the FAA of the administrative it is found that notice and public pro­ of 1958, 49 U.S.C. 1345(a), 1421 and 1423; sec. burden of verifying in detail the various cedure hereon are impracticable and 6(c), Department of Transportation Act, 49 methods used by operators to compute good cause exists for making this amend­ U.S.C. 1655(c)) those expenses, in order to ensure that ment effective in less than 30 days. Issued in Burlington, Massachusetts a profit is not made. Accordingly, In consideration of the foregoing and on July 6, 1973. § 91.181(d) (10), as adopted, allows an pursuant to the authority delegated to additional charge equal to 100 percent me by the Administrator, 14 CFR 11.89 F e r r is J . H o w l a n d , of the expenses listed in § 91.181(d) (1), (31 FR 13697) , § 39.13 o f Part 39 of the Director, New England Region. and does not provide for authorization Federal Aviation Regulations is amended [FR Doc.73-14501 Filed 7-16-73;8:45 am] by the Administrator of any other by adding the following new AD: charge. It should be noted that, although the S i k o r s k y A ir c r a f t —Applies to all S-61A, [Docket No. 12326, Arndt. No.91-118] S61D, S-61E, S-61V and S-61L Heli­ FAA does not foresee compliance with copters certificated in all categories. PART 91— GENERAL OPERATING AND § 91.181(d) causing an unreasonable FLIGHT RULES Compliance required as indicated. burden on any operator, individual op­ To prevent fatigue failures of the rear Large and Turbine-Powered Multiengine erators who believe that the uniqueness fuselage and pylon hinge fitting assem­ Airplanes: Charges for Certain Operations of their particular situation justifies a blies, accomplish the following: specific charge not provided for in sub- (a) Foraft fuselage upper and lower hinge The purpose of these amendments to paragraph (d) may, of course, petition fitting assemblies S6120-65118-3, S6120- Subpart D of Part 91 of the Federal for an appropriate exemption in accord­ 65118—4, S6120-65118-34, S6120-65121-0, Aviation Regulations is to clarify and ance with the procedures contained in S6120—75702—1 and S6120-75702-2: more specifically prescribe those items Part 11. (1) Within the next 15 hours time in serv­that may be charged under § 91.181. ice after the effective date of this AD, unless The National Air Transportation Con­ Interested persons have been afforded ferences, Inc., in its comment on the already accomplished, inspect the hinge an opportunity to participate in the mak­ fittings in accordance with Section 2A of notice, suggested that the word “reg- ing of this amendment by a notice of Sikorsky Service Bulletin No. 61B20-6A istered” be inserted before the word dated June 18, 1973 or later approved revi­ proposed rulemaking (Notice 72-28) is­ sions or an equivalent method approved by sued on October 20, 1972, and published “owners” in proposed § 91.181(c) (3), iu the Chief, Engineering and Manufacturing in the F e d er a l R e g is t e r on October 25, order to prevent abuse of this provision

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19025 through attempts to conceal the sale of (c) As used in this section provide for the safe use of tiistearyl air transportation under the guise of (1) A “time sharing agreement” means pentaerythritol diphosphite as an anti­ temporary ownership of an aircraft. The an arrangement whereby a person leases oxidant and/or stabilizer in the manu­ PAA agrees with this comment. Section his airplane with flight crew to another facture of polyolefin plastics intended 47.3(b) (1) provides that no person may person, and no charge is made for the fo r food contact use. operate an aircraft that is eligible for flights conducted under that arrange­ The Commissioner of Food and Drugs, registration under section 501 of the ment other than those specified in para­ having evaluated the data in the peti­ Federal Aviation A ct of 1958, unless that graph (d) of this section; tion, and other relevant material, con­ aircraft has been registered by its (2) An “interchange agreement” cludes that the proposal should be owner. Accordingly, proposed § 91.181(c) means an arrangement whereby a per­ adopted for the petitioned additive un­ (3), as adopted, is clarified by inserting son leases his airplane to another person der the preferred chemical nomencla­ the word “registered” before the words in exchange for equal time, when ture, as set forth below. “joint owners” wherever they appear. needed, on the other person’s airplane, Therefore, pursuant to provisions of (Secs. 313(a), 601, Federal Aviation Act of and no charge, assessment, or fee is the Federal Food, Drug, and Cosmetic 1958; 49 U .S.O . 1 3 5 4 (a ), 1421; sec. 6 ( c ) , De­ made, except that a charge may be made Act (sec. 409(c)(1), 72 Stat. 1786; 21 partment of Transportation Act; 49 U.S.C. not to exceed the difference between the U.S.C. 348(c) (1)) and under authority 1655(c)) cost of owning, operating, and maintain­ delegated to the Commissioner (21 CFR ing the two airplanes; 2.120), § 121.2566(b) is amended by al­ In consideration of the foregoing, and (3) A “joint ownership agreement” phabetically adding to the list of sub­ for the reasons given in Notice 72-28, means an arrangement whereby one of stances a new item as follows: Part 91 of the Federal Aviation Regula­ the registered joint owners of an air­ § 121.2566 Antioxidants and/or stabi­ tions is amended, effective August 16, plane employs and furnishes the flight 1973, as follows: lizers for polymers. crew for that airplane and each of the * * * * * 1. Section 91.181 is amended as fo l­ registered joint owners pays a share of lows: the charges specified in the agreement. (b) List o f substances: a. By amending subparagraphs (3) Limitations (d) The following may be charged, as • * * * * * through (5), and subparagraph (7) of expenses of a specific flight, for trans­ paragraph (b ); portation as authorized by paragraphs Cyclic neopentanetet- For use only at b. In paragraph (b) (9), by amending rayl bis (octadecyl levels not to ex­ (b) (3) and (7) and (c) (1) of this sec­ phosphite); the ceed 0.25 percent the parenthetical phrase “other than tion: phosphorus content by weight of olefin transportation” to parenthetically read (1) Fuel, oil, lubricants, and other Is In the range of polymers comply­ “other than transportation by air”; additives. 7.8-8.2 weight per­ in g w ith § 121.2501 c. By amending paragraph (c); and (2) Travel expenses of the crew, In­ cen t. (c), Items 1.1 or by cluding food, lodging, and ground 2.1. d. Adding a new paragraph (d) to read transportation. as follows: (3) Hangar and tie-down costs away Any person who will be adversely af­ from the aircraft’s base of operations. fected by the foregoing order may at any § 91.181 Applicability. (4) Insurance obtained for the spe­ time on or before August 16, 1973 file * # * * * cific flight. with the Hearing Clerk, Department of (b) * * * (5) Landing fees, airport taxes, and Health, Education, and Welfare, Room (3) Flights for the demonstration of similar assessments. 6- 88, 5600 Fishers Lane, Rockville, MD an airplane to prospective customers (6) Customs, foreign permit, and 20852, written objections thereto. Objec­ when no charge is made except for those similar fees directly related to the flight. tions Shall show wherein the person filing will be adversely affected by the order, specified in paragraph (d) of this (7) In flight food and beverages. section; specify with particularity the provisions (8) Passenger ground transportation. of the order deemed objectionable, and (4) Flights conducted by the operator (9) Flight planning and weather con­ state the grounds for the objections. If of an airplane for his personal trans­ tract services. a hearing is requested, the objections portation, or the transportation of his (10) An additional charge equal to shall state the issues for the hearing, guests when no charge, assessment, or shall be supported by grounds factually fee is made for the transportation; 100 percent o f the expenses listed in subparagraph (1) of this paragraph. and legally sufficient to justify the relief (5) The carriage of officials, employ­ sought, and shall include a detailed de­ ees, guests, and property of a company Issued in Washington, D.C., on July 9, scription and analysis of the factual in­ on an airplane operated by that com ­ 1973. formation intended to be presented in pany, or the parent or a subsidiary o f A l e x a n d e r P. B u t t e r f ie l d , support of the objections in the event that company or a subsidiary of the par­ Administrator. that a hearing is held. Objections may be ent, when the carriage is within the [FR Doc.73-14502 Filed 7-16-73;8:45 am] accompanied by a memorandum or brief scope of, and incidental to, the business in support thereof. Six copies of all docu­ of the company (other than transporta­ Title 21— Food and Drugs ments shall be filed. Received objections tion by air) and no charge, assessment may be seen in the above office during or fee is made for the carriage in excess CHAPTER I— FOOD AND DRUG ADMINIS­ working hours, Monday through Friday. of the cost of owning, operating, and TRATION, DEPARTMENT OF HEALTH, maintaining the airplane, except that no EDUCATION, AND WELFARE Effective date. This order shall become charge of any kind may be made for the SUBCHAPTER B— FOOD AND FOOD PRODUCTS effective July 17,1973. carriage of a guest of a company, when PART 121— FOOD ADDITIVES (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. the carriage, is not within the scope of, 3 4 8 ( c ) ( 1 ) ) and incidental to, the business of that Subpart F— Food Additives Resulting From company. Contact With Containers or Equipment Dated: July 10,1973. and Food Additives Otherwise Affecting * * * • •_— * S a m D . F i n e , Food Associate Commissioner (7) The carriage of property (other than mail) on an airplane operated by a A ntioxidants a n d / o r S t a b il iz e r s f o r for Compliance. person in the furtherance of a business P o l y m e r s [FR Doc.73-14572 Filed 7-16-73;8:45 am] or employment (other than transporta­ By publication in the F e d er a l R e g ­ tion by air) when the carriage is within is t e r o f January 20, 1972 (37 FR 889), SUBCHAPTER C— DRUGS the scope of, and incidental to, that busi­ notice was given that a petition (FAP PART 135a— NEW ANIMAL DRUGS FOR ness or employment and no charge, as­ 2B2759) had been filed by Weston OPHTHALMIC AND TOPICAL USE sessment, or fee is made for the carriage Chemical Inc., 103 Spring Road, Monta- than those specified in paragraph vale, NJ 07645, proposing that § 121.2566 Copper Naphthenate Solution, Veterinary (d) of this section; Antioxidants and/or stabilizers for pol­ The Commissioner of Food and Drugs ***** ym ers (21 CFR 121.2566) be amended to has evaluated a supplemental new ani-

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 No. 136— Pt. i- 19026 RULES AND REGULATIONS mal drug application (12-991V) filed by Friday, M arch 23, 1973 (38 FR 7567), form such regulations to sections 207 Ayerst Laboratories, Div. of American amendments to the Income Tax Regula­ and 209 o f the Revenue Act of 1971 (85 Home Products Corp., 685 Third Ave., tions (26 CFR Part 1) and the Regula­ Stat. 512, 517), relating to declaration of New York, NY 10017, proposing the safe tions on Procedure and Administration estimated tax by individuals and waiver and effective use of copper naphthenate (26 CFR Part 301) were proposed in of penalty for underpayment by individ­ solution, veterinary for the treatment of order to conform such regulations to the uals of 1971 estimated income tax, was horses, cattle, swine, sheep, goats, and provisions of sections 207 and 209 of the published in the F e d e r a l R e g is t e r (38 FR dogs. The supplemental application is Revenue Act of 1971 (85 Stat. 512, 517), 7567). No comments were presented by approved. relating to declaration of estimated tax interested persons regarding the rules Therefore, pursuant to provisions of by individuals and waiver of penalty for proposed. The regulations as proposed the Federal Food, Drug, and Cosmetic underpayment by individuals of 1971 are hereby adopted. A ct (sec. 512(1), 82 Stat. 347; 21 U.S.C. estimated income tax. No comments were (Sec. 7805, Internal Revenue Code of 1954 360b (i)) and under authority delegated presented by interested persons regard­ 6 8A 'S ta t. 917; 26 TT.S.C. 7805) - to the Commissioner (21 CFR 2.120), ing the notice of proposed rule making. [ s e a l ] D o n a l d C . A l e x a n d e r , Part 135a is amended by adding a new The proposed amendments of the Income Commissioner o f Internal Revenue. section as follows: Tax Regulations (26 CFR Part 1) and the Regulations on Procedure and Admin­ Approved: July 11,1973. § 135a.51 Copper naphthenate solution, istration (26 CFR Part 301) are adopted J o h n H . H a l l , veterinary. by this document. Deputy Assistant Secretary of (a) Specification. The drug contains The new regulations conform to the the Treasury. 37.5 percent copper naphthenate in a changes made in section 6015(a) of the In order to conform the Income Tax suitable solute. Code by section 209 of the Revenue Act Regulations (26 CFR Part 1) and the (b) Sponsor. See code No. 038 in o f 1971. Under paragraph (a ) of the Regulations on Procedure and Adminis­ § 135.501(c) of this chapter. revision to § 1.6015(a)-1, the income tration (26 CFR Part 301) to the provi­ (c) Conditions of use. (1) It is used in level at which a declaration of estimated sions o f sections 207 and 209 o f the Reve­ the treatment of lesions in horses, cat­ tax must be filed is increased over that nue Act of 1971 (85 Stat. 512, 517), such tle, swine, sheep, goats, and dogs includ­ under prior law to amounts in excess of regulations are amended as follows: ing footrot, ringworm, wounds, for dry­ $20,000 for a single person, a head of P a r a g r a p h 1. Section 1.6015 is amended ing up superficial sores, for drying household, a surviving spouse, or a mar­ by revising section 6015(a) and by adding necrotic material for subsequent re­ ried individual whose spouse does not to the historical note. These revised and moval, to keep open lesions clean, and receive wages and amounts in excess of added provisions read as follows: for treating udder sores. It is used in $10,000 for a married individual where cattle for treating heal cracks, hoof both spouses receive wages. The income § 1.6015 (a ) Statutory provisions; decla­ punctures, and dehorning wounds. It is level remains at amounts in excess of ration o f estimated income tax by used in horses for treating thrush, $5,000 for a married individual if either individuals. scratches, and for toughening hooves spouse is a nonresident alien, if they are Sec. 6015. Declaration of estimated income (spongy). It is used in dogs for treating separated under a decree of divorce or of tax by individuals— (a ) Requirement of dec­ cracked skin over elbows and for tough­ separate maintenance, or if they have laration. Except as otherwise provided in this section, every individual shall make a dec­ ening foot pads. different taxable years. A declaration is laration of his estimated tax for the taxable (2) Necrotic material should be re­ also required if gross income is expected year if— moved prior to application if damage is to include more than $500 of income (1) The gross income for the taxable year extensive. The drug is applied daily, from sources other than wages. However, can reasonably be expected to exceed— if a scab is present, the drug should be no declaration is required if the esti­ (A) $20,000, in the case of— applied once a day until the scab is easily mated tax can reasonably be expected (1) A single individual, including a head removed; then the drug is applied every to be less than $100. These amounts were of a household (as defined in section 2(b )) or other day until fully healed. After de­ a surviving spouse (as defined in section 2 increased over those under prior law. ( a ) ) ; or horning, the drug is applied to the open All of these changes are effective for tax­ (ii) A married individual entitled under wound with a swab. able years beginning after December 31, subsection (b) to file a joint declaration with (3) Do not use on teats of lactating 1971. his spouse, but only if his spouse has not dairy animals. New § 1.6654-4 provides, pursuant to received wages (as defined in section 8401 section 207 o f the Revenue Act of 1971, (a) ) for the taxable year; or Effective date. This order shall be ef­ (B) $10,000, in the case of a married indi­ fective July 17, 1973. that, in the case of individuals, the pen­ alty prescribed by section 6654(a) and vidual entitled under subsection (b) to file (Sec. 513(1), 82 Stat. 347; 21 U.S.C. 360b(i)) a joint declaration with his spouse, but only § 1.6654-1 for underpayment of esti­ if both he and h is spouse have received wages Dated: July 11, 1973. mated tax shall not apply in certain cases (as defined in section 3401(a)) for the tax­ to taxable years beginning after Decem­ able year; or C . D . V a n H q u w e l in g , ber 31, 1970, and ending before Janu­ (C) $5,000, in the case of a married indi­ Director, Bureau of ary 1, 1972. Generally, those taxpayers vidual not entitled under subsection (b) to Veterinary Medicine. for whom the penalty is waived are sin­ file a joint declaration with his spouse; or [FR Doc.73-14573 Filed 7-16-73;8:45 am] gle persons (or married persons not en­ (2) The gross income can reasonably be titled to file a joint return) whose gross expected to include more than $500 from sources other than wages (as defined in sec­ Title 26— Internal Revenue income does not exceed $10,000, heads tion 3401(a)). of households and surviving spouses if Notwithstanding the provisions of this CHAPTER I— INTERNAL REVENUE SERV­ their gross income does not exceed ICE, DEPARTMENT OF THE TREASURY subsection, no declaration is required if the $20,000, and married individuals enti­ estimated tax (as defined in subsection (c)) SUBCHAPTER A— INCOME TAX tled to file a joint return whose aggre­ can reasonably be expected to be less than [T.D. 7282] gate gross income does not exceed $100. PART 1— INCOME TAX; TAXABLE YEARS $20,000. However, the waiver does not [Sec. 6015(a) as amended by sec. 5, Act of BEGINNING AFTER DECEMBER 31, 1953 apply if the taxpayer had more than $200 Sept. 14, 1960 (Pub. Law 86-779, 74 Stat. ($400 in the case of married taxpayers 1000); sec. 1 03 (j)(l), Foreign Investors Tax SUBCHAPTER F— PROCEDURE AND Act 1966 (80 Stat. 1554); sec. 803(d) ( 7) , Tax ADMINISTRATION entitled to file a joint return) in income from sources other than wages. Reform Act 1969 (83 Stat. 684); sec. 209, Rev. PART 301— PROCEDURE AND Act 1971 (85 Stat. 517) ] ADMINISTRATION Adoption of amendments to the regu­ lations. On Friday, March 23, 1973, no­ P a r . 2 . Section 1.6015 (a)-1(a) as Declaration of Estimated Tax by Individuals tice of proposed rule making with respect amended by revising the caption of sub- and Waiver of Penalty for Underpayment to the Income Tax Regulations (26 CFR paragraph (1) and so much iff such sub- by Individuals of 1971 Estimated Income Part 1) and the Regulations on Proce­ paragraph as precedes subdivision CD Tax dure and Administration (26 CFR Part thereof, by redesignating such revised By a notice of proposed rulemaking 301) under sections 6015 and 6654 o f the subparagraphs (1) and (2) as subpara­ appearing in the F e d e r a l R e g is t e r for Internal Revenue Code of 1954 to con­ graphs ( 2 ) and (3) respectively, by to*

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19027

serting immediately before such redesig­ years beginning after December 31, (2) A surviving spouse (as defined in nated subparagraph (2) a new subpara­ 1970) or a surviving spouse (as defined section 2(b)); or graph (1) , and by revising paragraphs In section 2(b) for taxable years ending (ii) The gross income can reasonably (c) and (e ). These revised, redesignated, before January 1, 1971, or as defined in be expected to include more than $200 and added provisions read as follows: section 2(a) of the Code as amended by from sources other than wages (as de­ the Tax Reform Act of 1969 for taxable fined in section 3401(a)). . 8 1.6015(a)—1 Declaration o f estimated years beginning after December 31, * * * * * income tax by individuals. 1970); (c) Exemption of spouse. For the pur­ (a) Requirement— (1) Taxable years (2) A married individual not entitled pose of determining whether a declara­ beginning after December 31,1971. W ith under section 6015(b) to file a joint dec­ tion of estimated tax is required under respect to taxable years beginning after laration with his spouse; or the provisions of paragraph (a) (3) of December 31, 1971, a declaration o f es­ (3) A married individual entitled un­ this section, a married person filing a timated income tax by an individual is der section 6015(b) to file a joint decla­ separate declaration may not take into not required if the estimated tax (as de­ ration with his spouse, but only if the account the exemption of his spouse, if fined in section 6015(c)) can reasonably aggregate gross income of such indi­ his spouse has, or is reasonably expected be expected to be less than $100. In all vidual and his spouse for the taxable year to have, gross income, or is reasonably other cases a declaration o f estimated can reasonably be expected to exceed expected to be the dependent of another income tax shall be made by every indi­ $10,000; or taxpayer for the taxable year. vidual if the following conditions are met (b) $10,000, in thq case o f— * * * * * and if such individual is not a nonresi­ (1) A head of household (as defined dent alien individual who is excepted in section 1(b) (2) for taxable years end­ (e) Examples. The application of the under section 6015 (i) and § 1.6015 ( i ) - l ing before January 1, 1971, or as de­ provisions of this section may be illus­ from the requirements of making a fined in section 2(b) of the Code as trated by the following examples: declaration: amended by the Tax Reform Act of Example (I). H maintains as his home a (i) The gross income for the taxable 1969 for taxable years beginning after household which is the principal place of year can reasonably be expected to December 31, 1970); or abode of himself and his two dependent chil­ exceed— (2) A surviving spouse (as defined in dren. H’s wife died in 1970 and he has not (a) $20,000, in the case o f— remarried. H and his wife filed a joint return section 2(b) for taxable years raiding be­ for 1970. H’s salary from January 1 to June (1) A single individual including a fore January 1, 1971, or as defined in 30,1972, is at the annual rate of $18,000. How­ head o f a household (as defined in sec­ section 2(a) of the Code as amended by ever, effective July 1, 1972, his annual salary tion 2(b)) or a surviving spouse (as de­ the Tax Reform Act of 1969 for taxable is increased to $24,000, and under the facts fined in section 2( a ) ) ; or years beginning after December 31, then existing it is reasonable to assume that (2) A married individual entitled un­ 1970); or his salary for the remaining portion of 1972 der section 6015(b) to file a joint dec­ (ii) The gross income can reasonablywlU remain unchanged and that his total laration with his spouse, if his spouse has be expected to include more than $200 salary for the year will, therefore, be $21,000. not received wages (as defined in sec­ from sources other than wages (as de­ Since H is a surviving spouse (as defined in section 2(a )) and his gross income can rea­ tion 3401(a)) for the taxable year; or fined in section 3401(a)). sonably be expected to exceed $20,000, he is (b) $10,000, in the case of a married (3) Taxable years beginning before required to file a declaration of estimated tax individual entitled under section 6015(b) January 1, 1967. With respect to taxable for 1972. Since it was not reasonable to as­ to file a joint declaration with his spouse, years beginning before January 1, 1967, sume that H’s gross income for 1972 would if both he and his spouse have received and after December 31, 1960, a decla­ exceed $20,000 until July 1972 (after June 1 wages (as defined in section 3401(a)) for ration of estimated income tax by an and before September 2), H is not required the taxable year; or individual is not required if the esti­ to file a declaration until September 15, 1972. (c) $5,000, in the case o f a married mated tax (as defined in section 6015(c)) However, if H’s estimated tax (as defined in section 6015(c)) can reasonably be expected individual not entitled under section can reasonably be expected to be less to be less than $100, he is not required to file 6015(b) to file a joint declaration with than $40. In all other cases a declaration a declaration of estimated tax. See section his spouse; or shall be made by every citizen of the 6073 and §§ 1.6073-1 to 1.6073-4, inclusive, (ii) The gross income can reasonably United States, whether residing at home for rules as to when a declaration must be be expected to include more than $500 or abroad, every individual residing in filed. from sources other than wages (as de­ the United States though not a citizen Example (2). H, a taxpayer making his fined in section 3401 ( a ) ) . thereof, every nonresident alien who is return on the calendar year basis, has an (2) Taxable years beginning after De­a resident of Canada, Mexico, or Puerto annual salary of $12,000 in 1972. W, H’s cember 31, 1966, and before January 1, wife, received- wages (as defined in section Rico and who has wages subject to with­ 3401(a)) in December 1972. W did not re­ 1972. With respect to taxable years be­ holding at the source under section 3402, ceive wages prior to December. Assuming ginning af ter December 31,1966, and be­ and every nonresident alien who has that H and W are entitled to file a Joint fore January 1, 1972, a declaration o f been, or expects to be, a resident of declaration of estimated tax under section estimated income tax by an individual is Puerto Rico during the entire taxable 6015(b), H would not be required to file a not required if the estimated tax (as de­ year, if— declaration for 1972 until January 15, 1973, fined in section 6015(c)) can reasonably (i) The gross income for the taxablesince prior to December 1972 W had not re­ be expected to be less than $40. In all year can reasonably be expected to ex­ ceived wages. Since W received wages after ceed— September 1, 1972, H must file a declaration other cases a declaration of estimated on or before January 15, 1973, because, under income tax shall be made by every in­ (a) $5,000, in the case of— the rule contained in paragraph (a) (1) (i) dividual if the following conditions are (1) A single individual other than a (b) of this section, H’s gross Income could met and if such individual is not a non­ head of a household (as defined in sec­ reasonably be expected to exceed $10,000 for resident alien individual who is excepted tion Kb) (2)); or 1972. However, no declaration would be re­ under section 6015(i) and § 1.6015(i)-l (2) A married individual not entitled quired if H’s estimated tax (as defined in from the requirement of m a k in g a dec­ under section 6015(b) to file a joint dec­ section 6015(c)) could reasonably be ex­ laration: laration with his spouse; or pected to be less than $100. No declaration is required prior to January 15, 1973, because, (i) The gross income for the taxable (3) A married individual entitled under the rule contained in paragraph (a) year can reasonably be expected to under section 6015(b) to file a joint dec­ (1) (l) (a) (2) of this section, H’s gross in­ exceed— laration with his spouse, but only if the come for 1972 could not reasonably be ex­ (a) $5,000, in the case of— aggregate gross income of such individ­ pected to exceed $20,000. (1) A single individual other than aual and his spouse for the taxable year Example (3). P is a taxpayer making his can reasonably be expected to exceed return on the calendar year basis. P is en­ head of a household (as defined in sec­ gaged in the practice of hi3 profession on tion 1(b)(2) for taxable years ending $10,000; or his own account and has gross income of before January 1, 1971, or as defined in (b) $10,000, in the case of— $2,000 from such profession for the 2 months section 2(b) of the Code as amended by (D A head of a household (as defined of January and February 1972. He reason­ the Tax Reform Act of 1969 for taxable in section 1 (b) (2)); or ably expects that his gross income from his

FEDERAL REGISTER, V O L 38, NO. 136— TUESDAY, JULY 17, 1973 19028 RULES AND REGULATIONS profession will continue to average $1,000 subparagraphs (3) and (4) of this para­ taxable year under section 6013). Thus, each month throughout the year and that graph, the number of calendar months in for example, even if the aggregate gross he will have no income from any other source a taxable year preceding the date pre­ during 1972. Since P has gross income which income of a husband and wife (entitled does not constitute wages subject to with­ scribed for payment of an installment of under section 6013 to file a join t return holding, he is required to file a declaration estimated tax. For the rule to be applied for the taxable year) does not exceed of estimated tax for that year since he has in determining taxable income for any $20,000, the waiver of the penalty for income of more than $500 from sources other period described in subparagraphs (3) underpayment o f estimated tax shall not than wages, unless he reasonably expects and (4) of this paragraph in the case of a apply if the husband and wife have, in his estimated tax to be less than $100. taxpayer who employs accounting peri­ the aggregate, income from sources other Example (4). S, a married taxpayer, has ods (e.g., 13 4-week periods or four 13- than wages in excess o f $400. been regularly employed for many years. As of January 1, 1972, his weekly wages are week periods) none of which terminates Par. 7. Section 301.6015 is amended $305. For many years, S has also owned stock with the end of the applicable period de­ by revising section 6015(a) and by add­ in a corporation which has regularly paid scribed in subparagraph (3) or (4) of ing to the historical note. These revised him annual dividends ranging from $575 to this paragraph, see paragraph (a) (5) of and added provisions read as follows: $600. Because his gross Income can reason­ § 1.6655-2. See § 1.6654-4. for certain ably be expected to include more than $500 cases where the imposition of the addi­ § 301.6015 Statutory provisions; decla­ from sources other than wages, S is required tion to the tax prescribed by section ration o f estimated income tax by to make a declaration of estimated tax for 6654(a) shall not apply with respect to individuals. 1972, unless he reasonably expects his esti­ taxable years beginning after December Sec. 6015. Declaration of estimated in­ mated tax to be less than $100. 31, 1970, and ending before January 1, come tax by individuals— (a ) Requirement * * * * • of declaration. Except as otherwise provided 1972. In this section, every individual shall make P ar. 3. Immediately after the histor­ P ar. 5. Section 1.6654-4 is redesignated a declaration of his estimated tax for the ical note of § 1.6654 is inserted the fol­ as § 1.6654-5. taxable year if— lowing: P ar. 6. The following section is inserted (1) The gross income for the taxable year Sec. 207. [Revenue Act of 1971] Waiver of immediately following § 1.6654-3: can reasonably be expected to exceed— penalty for underpayment of 1971 estimated (A) $20,000, in the case of— § 1.6654—4 Waiver of penalty for under­ (1) A single individual, including a head income tax— (a ) Waiver of penalty. N otw ith ­ payment of 1971 estimated tax by an standing any other provision of law, section of a household (as defined in section 2(b)) individual. 6654(a) of the Internal Revenue Code of or a surviving spouse (as defined in section 1954 (relating to addition to tax for failure (a) In general. Section 207 of the Reve­ 2 ( a ) ) ; or by individual to pay estimated income tax) nue Act of 1971 provides that, in the case (il) A married individual entitled under shall not apply to any taxable year begin­ subsection (b) to file a Joint declaration of individuals, the penalty prescribed by with his spouse, but only if his spouse has ning after December 31, 1970, and ending be­ section 6654(a) and § 1.6654-1 for under­ fore January 1,1972— not received wages (as defined in section (1) if gross Income for the taxable year payment of estimated tax shall not apply 3401 (a)) for the taxable year; or does not exceed $10,000 in the case of— in certain cases to taxable years begin­ (B) $10,000, in the case of a married indi­ (A) A single individual other than a head ning after December 31,1970, and ending vidual entitled under subsection (b) to file of a household (as defined in section 2(b) before January 1,1972. The penalty shall a joint declaration with his spouse, but only of such Code) or a surviving spouse (as de­ be waived only if the taxpayer meets one if both he and his spouse have received fined in section 2(a) of such Code); or wages (as defined in section 3401(a)) for of the gross income requirements con­ the taxable year; or (B) A married individual not entitled tained in paragraph (b) of this section under section 6013 of such Code to file a (C) $5,000, in the case of a married indi­ joint return for the taxable year; or and if the limitation contained in para­ vidual not entitled under subsection (b) to (2) If gross income for the taxable year graph (c) of this section is not applicable. file a joint declaration with his spouse; or does not exceed $20,000 in the case of— (b) Gross income requirement. Except (2) The gross income can reasonably be expected to include more than $500 from (A) A head of a household (as defined in as provided in paragraph (c) of this sec­ tion, the waiver provided in paragraph sources other than wages (as defined in sec­ section 2(b) of such Code); or tion 3401(a)). (B) A surviving spouse (as defined in sec­ (a) of this section shall be applicable tion 2(a) of such Code); or only— Notwithstanding the provisions of this sub­ (3) In the case of a married individual en­ (1) If the gross income for the taxablesection, no declaration is required if the titled under section 6013 of such Code to file year does not exceed $10,000 in the case estimated tax (as defined in subsection (c)) a Joint return for the taxable year, if the of— can reasonably be expected to be less than aggregate gross income of such individual and (1) A single individual who is neither $ 100 . his spouse for the taxable year does not ex­ a head of a household (as defined in sec­ ***** ceed $20,000. tion 2(b )) nor a surviving spouse (as de­ [Sec. 6015 as amended by sec. 74, Technical (b ) Limitation. Subsection (a) shall not fined in section 2( a ) ) , or Amendments Act 1958 ( 72 Stat. 1660); sec. apply if the taxpayer has income from sources 5(a), Act of Sept. 14, 1960 (Public Law 86- other than wages (as defined in section 3401 (i'i) A married individual not entitled 779, 74 Stat. 1000); sec. 1(a)(1), Act of (a) of such Code) in excess of $200 for the under section 6013 to file a join t return Sept. 25, 1962 (Public Law 87-682, 76 Stat. taxable year ($400 in the case of a husband for the taxable year, or 575); sec. 102 (a) and (d), Tax Adjustment and wife entitled to file a Joint return under (2) If the gross income for the taxable Act 1966 (80 Stat. 38); sec. 301 (J), Foreign section 6013 of such Code for the taxable year does not exceed $20,000 in the case Investors Tax Act 1966 (80 Stat. 1554); sec. y e a r ). of— 301(b) (12), 803(d) (7), and 944, Tax Reform [Sec. 207, Rev. Act 1971 (85 Stat. 512) ] (i) A head of a household (as defined Act 1969 (83 Stat. 586, 684, 729); sec. 209, Rev. Act 1971 (85 Stat. 517) ] Par. 4. Section 1.6654-2 is amended by in section 2(b)) or revising so much of paragraph (a) as (ii) A surviving spouse (as defined in Par. 8. Immediately after the historical follows subparagraph (4) to read as fol­ section 2(a)), or note of § 301.6654 is inserted the fol­ lows: (3) If the aggregate gross income for lowing: the taxable year does not exceed $20,000 § 1.6654—2 Exceptions to imposition of Sec. 207. [Revenue Act of 1971] Waiver of in the case of a married individual (en­ penalty for underpayment of 1971 estimated the addition to the tax in the case o f titled under section 6013 to file a join t re­ individuals. income tax— (a ) Waiver of penalty. Notwith­ turn for the taxable year) and his spouse. standing any other provision of law, sec­ (a) In general. * * * (c) Limitation. Notwithstanding any tion 6654(a) of the Internal Revenue Code In the case of a taxpayer whose taxable other provision of this section, the of 1954 (relating to addition to tax for waiver provided in paragraph (a) of this failure by individual to pay estimated in­ year consists of 52 or 53 weeks in accord­ come tax) shall not apply to any taxable ance with section 441(f), the rules pre­ section shall not be applicable if, in the year beginning after December 31, 1970, and scribed by paragraph (b) of § 1.441-2 taxable year, the taxpayer has income ending before January 1,1972— shall be applicable in determining, for from sources other than wages (as de­ (1) If gross income for the taxable year purposes of subparagraph (1) of this fined in section 3401(a)) in excess of does not exceed $10,000 in the case of— paragraph, whether a taxable year was a $200 ($400 in the case o f a husband and (A) A single individual other than a head year of 12 months and, for purposes of wife entitled to file a joint return for the of a household (as defined in section 2(b)

FEDERAL REGISTER, VOL. 38, NO. 136-— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19029

of such Code) or a surviving spouse (as de­ the court, any written comments, views vestigatory files compiled for law enforce­ fined in section 2(a) of such Code); or or allegations relating to the proposed ment purposes that are more than fifteen (B) A married individual not entitled judgment. The Department shall reserve years old and are no longer substantially under section 6013 of such Code to file a related to current investigative or law joint return for the taxable year; or the right (1) to withdraw or withhold its (2) If gross income for the taxable year consent to the proposed judgment if the enforcement activities, subject to dele­ does not exceed $20,000 in the case of— comments, views and allegations con­ tions to the minimum extent deemed (A) A head of a household (as defined in cerning the judgment disclose facts or necessary to protect law enforcement ef­ section 2(b) of such Code); or considerations which indicate that the ficiency and the privacy, confidences, or (B) A surviving spouse (as defined in proposed judgment is inappropriate, im­ other legitimate interests of any person section 2(a) of such Code); or proper or inadequate and (2) to oppose named or identified in such files. Access (3) In the case of a married individual an attempt by any person to intervene may be requested pursuant to the De­ en titled under section 6013 of such Code to partment’s regulations in 28 CFR Part file a Joint return for the taxable year, if in the action. the aggregate gross income of such indivi­ (c) The Assistant Attorney General 16 A, as revised February 14, 1973, which dual and his spouse for the taxable year does in charge of the Land and Natural Re­ set forth procedures and fees for process­ not exceed $20,000. sources Division may establish proced­ ing such requests. (b) Limitation. Subsection (a) shall not ures for implementing this policy. Where (c) The deletions referred to above will apply if the taxpayer has income from sources it is clear that the public interest in the generally be as follows: other than wages (as defined in section 3401 policy hereby established is not compro­ • (1) Names or other identifying infor­ (a ) of such Code) in excess of $200 for the mation as to informants; taxable year ($400 in thp case of a husband mised, the Assistant Attorney General and wife entitled to file a Joint return under may permit an exception to this policy (2) Names or other identifying infor­ section 6013 of such Code for the taxable in a specific case where extraordinary mation as to law enforcement personnel, y e a r). circumstances require a period shorter where the disclosure of such information than 30 days or a procedure other than would jeopardize the safety of the em­ [Sec. 207, Rev. Act 1971 (85 Stat. 512) ] stated herein. ployee or his family, or would disclose Par. 9. Section 301.6654-1 is amended information about an employee’s assign­ Dated: July 11,1973. to read as follows: • ments that would impair his ability to Elliott R ichardson, work effectively; § 301.6654—1 Failure by individual to pay estimated income tax. A ttorney General. (3) Unsubstantiated charges, defama­ [PR Doc.73-14518 Filed. 7-16-73;8:45 am] tory material, matter involving an un­ For regulations under section 6654, see warranted invasion of privacy, or other §§ 1.6654-1 to 1.6654-5, inclusive, o f this matter which may be used adversely to chapter (Income Tax Regulations). [Order No. 528-73] affect private persons; [PR Doc.73-14585 Piled 7-16-73;8:45 am] PART 50— STATEMENTS OF POLICY (4) Investigatory techniques and pro­ cedures; and Policy Regarding Criteria for Discretionary Title 28— Judicial Administration (5) Information the release of which Access to Investigatory Records of His­ would deprive an individual of a right CHAPTER I— DEPARTMENT OF JUSTICE torical Interest to a fair trial or impartial adjudication, [Order No. 529-73] Under and by virtue of the authority or would interfere with law enforcement PART 50— STATEM ENTS OF POLICY vested in me by section 509 o f Title 28 of functions designed directly to protect in­ the United States Code, Part 50 of Title dividuals against violations of law. Consent Judgments in Actions To Enjoin 28 of the Code of Federal Regulations Discharges of Pollutants (d) This policy for the exercise of ad­ is amended by adding at the end thereof ministrative discretion is designed to This order establishes a policy of the the following new section: further the public’s knowledge of mat­ Department of Justice of affording an § 50.8 , Policy with regard to criteria for ters of historical interest and, at the opportunity for public comment before discretionary access to investigatory same time, to preserve this Department’s the Department consents to a proposed records o f historical interest. law enforcement efficiency and protect judgment in an action to enjoin dis­ the legitimate interests of private per­ charges of pollutants into the environ­ (a) In response to the increased de­ sons. ment. mand for access to investigatory files of By virtue of the authority vested in historical interest that were compiled by Dated: July 11,1973. the Department of Justice for law en­ me by 28 U.S.C. 509, 510, and 5 U.S.C. Elliott L. R ichardson, 301, Part 50 o f Chapter I of Title 28, forcement purposes and are thus Attorney General. Code of Federal Regulations, is amended exempted from compulsory disclosure by adding the following § 50.7 at the end under the Freedom of Information Act, [PR Doc.73-14517 Piled 7-16-73;8:45 am] thereof: the Department has decided to modify to the extent hereinafter indicatqpl its Title 29— Labor § 50.7 Consent judgments in actions to general practice regarding their discre­ enjoin discharges o f pollutants. CHAPTER XVII— OCCUPATIONAL SAFETY tionary release. Issuance of this section AND HEALTH ADMINISTRATION, DE­ (a) It is hereby established as the pol­ and actions considered or taken pursuant PARTMENT OF LABOR icy of the Department of Justice to con­ hereto are not to be deemed a waiver of the Government’s position that the ma­ REGIONAL ADMINISTRATOR; CHANGE IN sent to a proposed judgment in an ac­ TITLE tion to enjoin discharges of pollutants terials in question are exempted under into the environment only after or on the Act. By providing for exemptions in Pursuant to section 8 (g)(2) of the condition that an opportunity is afforded the Act, Congress conferred upon agen­ Williams-Steiger Occupational Safety persons (natural or corporate) who are cies the option, at the discretion of the and Health Act o f 1970 (29 U.S.C. 657), not named as parties to the. action to agency, to grant or deny access to exempt 29 CFR 1911.5, and Secretary o f Labor’s comment on the proposed judgment materials unless prohibited by other law. Orders Nos. 12-71 (36 FR 8754) and 13- prior to its entry by the court. Possible releases that may be considered 73, Chapter X V II o f Title 29 of the Code (b) To effectuate this policy, each pro­ under this section are at the sole discre­ of Federal Regulations is hereby posed judgment which is within the scope tion of the Attorney General and of those amended to replace in all instances the of Paragraph (a) of this section shall persons to whom authority hereunder term “Regional Administrator” with the be lodged with the court as early as feas­ may be delegated. term “Assistant Regional Director.” ible but at least 30 days before the judg­ (b) Persons outside the Executive Signed at Washington, D.C., this 10th ment is entered by the court. Prior to Branch engaged in historical research day o f July 1973. entry of the judgment, or some earlier projects will be accorded access to infor­ John S tender, specified date, the Department of Justice mation or material of historical interest Assistant Secretary o f Labor. will receive and consider, and file with contained within this Department’s in- [PR Doc.73-14520 Piled 7-16-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 136— TUESDAY, JULY 17, 1973 19030 RULES AND REGULATIONS

PART 1910— OCCUPATIONAL SAFETY Signed at Washington, D.C., this 10th eral Government agencies may obtain it AND HEALTH STANDARDS day of July 1973. as the current revision of Federal Stand­ J o h n S t e n d e r , ard 75 from established distribution Fire Extinguishers; Approval Assistant Secretary of Labor. points. On page 15317 o f the F ederal R egister [PR Doc.73-14519 Piled 7-16-73:8:45 am] o f July 29, 1972, there was published a § 121.3 Packaging for mailing. notice of proposed rulemaking regard­ (a) Preservation. It is the responsibil­ ing amendments to §§ 1910.157 and * Title 39— Postal Service ity of the mailer to provide protection 1910.160 o f Title 29, Code o f Federal CHAPTER I— U.S. POSTAL SERVICE against deterioration or degradation of Regulations. Interested persons were the contents. Preshipment testing is given 30 days in which to submit writ­ PART 121— PACKAGING practiced by the airline carriers and by ten objections, data, views, and argu­ Regulations dealing with the packag­ many company managers to determine ments concerning the proposed amend­ ing of matter to be mailed have been re­ the effectiveness of their packaging as ments, and to request a hearing, if vised as to requirements and criteria for well as the durability and the quality of desired. No objections have been re­ containers, cushioning, closure, rein­ their product. The mailer should be ceived, and no hearing has been re­ forcement, and marking. aware of the characteristics of the item quested. The proposed amendments are Publication of the revisions in the F ed ­ he is mailing, the transit time, and the hereby adopted, for the reasons set forth e r a l R e g is t e r is effective immediately. mail handling and transportation envi­ in the July 29 notice, without change Sec. ronment. Postmasters and customer and are set forth below. 121.1 Packaging adequacy. services representatives will keep cus­ Effective date. These amendments 121.2 Definitions. tomers advised on service and transit shall become effective on August 17,1973. 121.3 Packaging for mailing. times for parcel post. 121.4 Marking.' (b) Containers acceptable for mail­ 1. In § 1910.157, paragraph (b )(1 ) is 121.5 Mailability. ing— (1) Boxes, (i) Paperboard boxes, revised to read as follows: A u t h o r i t y : 39 U .S .C . 401. similar to suite boxes, are acceptable for § 1910.157 Portable fire extinguishers. easy and average loads up to 10 pounds. * * * * * § 121.1 Packaging adequacy. (ii) M etal-stayed paperboard boxes (b) Selection of extinguishers— (1) Articles accepted for mailing shall be are acceptable for easy and average loads General. The selection of extinguishers prepared according to the general cri­ up to 20 pounds. for a given situation will depend upon the teria and regulations specified herein. (iii) Solid and corrugated fiberboard character of the fires anticipated, the boxes are acceptable for easy and aver­ § 121.2 Definitions. age loads up to the following weight construction and occupancy of the indi­ (a) Types of loads. In the transporta­ vidual property, the vehicle or hazard to lim its: tion industry there are three recognized (A) 175 pound test board up to 20 be protected, ambient-temperature con­ types of loads. They are determined by ditions, and other factors. The number pounds. the contents, degree of protection, and (B) 200 pound test board up to 45 of extinguishers required shall be deter­ the strength of the package. The types mined by reference to paragraph (c) of pounds. of loads are: (C) 275 pound test board up to 70 this section. Approved fire extinguishers ( 1) An easy load. Items of moderate shall be used to meet the requirements pounds. density, which completely fill the con­ (iv) Wood, metal or plastic boxes are of this section. tainer, or items packaged in interior con­ acceptable for all types of loads depend­ • * * * * tainers which completely fill the outer ing on the adequacy of their construc­ 2. In § 1910.160, paragraphs (b) (1) mailing container. Easy loads are not tion, their ability to withstand the forces and (c) (1) (iv) are revised to read as readily damaged by puncture or shock of shock and pressure, and their poten­ follow s: and do not shift or otherwise move within tial as a source o f damage to other items. the package or present a hazard to other Boxes with difficult loads to out of town § 1910.160 Fixed dry chemical extin­ parcels. destinations will be reinforced with guishing systems. (2) An average load. Moderately con­ banding about e very six inches in each of ***** centrated items, which are packed di­ the two directions around the package. (b) Alarms and indicators— (1) G en­ rectly into a shipping container or which (v) The size of the box must be ade­ eral. Alarms and/or indicators are used may be subjected to an intermediate quate to contain the item(s) and provide stage of packing, and which provide par­ to indicate the operation of the system, enough extra space for cushioning mate­ tial support to all surfaces of the con­ rial. If the box is too large and the load is hazard to personnel, or failure of any tainer. Average loads may be prepack­ not properly blocked and cushioned, the supervised device or equipment. The de­ aged by wrapping or by positioning in contents will shift in transit. If it is too vices may be audible or visual. The type, partitions or paperboard boxes or by small, the cushioning will not be effec­ number, and location of the devices shall other means which provide some support tive and container failure is liable to be such that their purpose is satisfac­ to the faces of the package. occur. torily accomplished. (3) A difficult load. Items which re­ (vi) Good, rigid used boxes with all quire a high degree of protection to pre­ flaps intact are acceptable. If a box of the ***** vent puncture, shock or distortion either desired size cannot be found, a larger one (c) Inspection and maintenance— (1) to themselves or the package. Fragile may be cut down as shown in Illustration Inspection and tests. * * * items, delicate instruments, high density, 1. Bend the four sides over the articles small bulk items, etc., which do not sup­ which have been cushioned in the box (iv) Between the regular annual in­port the mailing container are not ac­ and close and band as in illustration 7. spection or tests, the system shall be ceptable in paperboard or fiberboard Illustration 2 shows a method o f making inspected visually or otherwise by com­ boxes or bags or wraps of any type. an acceptable container by using two petent personnel, following a predeter­ (b) Other definitions. The “ Glossary o f boxes of the same general dimensions from which the flaps have been removed. mined schedule. Packaging Terms” also defines terms frequently used in the packaging field. (2) Outside wraps for boxes. Paper- * * * . * * This joint Government-industry devel­ board and fiberboard boxes may be (Sec. 6, Public Law 91-596, 84 Stat. 1593 oped document may be obtained from wrapped as shown in Illustration 3. Clo­ (29 UJ3.C. 655), Secretary of Labor’s Order the Packaging Institute Inc., 342 Madi­ sure and reinforcement may be accom­ No. 12-71 (36 FR 8754) ) son Avenue, New York, NY 10017. Fed­ plished by the use of tape, twine, or cord.

FEDERAL REGISTER, VOL. 38, NO . 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19031

See paragraph (d) of this section. Al­ ILLUSTRATION 3 vided their seams are equivalent in though wrapping paper equivalent to a strength to the basic material. regular large grocery bag, 60 pounds basis (iv) Bales and bundles are acceptable weight, may be used as an outside cover within postal weight limits provided they for boxes, it is preferable that paper are adequately compressed and rein­ wrappers be omitted if the box itself con­ forced to contain the material. stitutes an adequate shipping container. (4) Envelopes. Envelopes are accept­ (3) Bags, bales, bundles and wraps. able as containers for stationery, pub­ Bags, bales, bundles and wraps shall not lications, and similar material up to one be accepted with difficult loads. The con­ pound in weight and one inch in thick­ tents in bags, bales, bundles and wraps ness. Many other items may be mailable will be compressed whenever possible: in large envelopes or flats if stiffeners (i) Paper bags and wraps are accept­ provide a flat and stable surface. Pens, able for easy loads of up to five pounds bottle caps, and similar items are not ac­ when they are at least 60 pounds basis ceptable in letter size envelopes because weight, the strength of the average large they could burst the envelope and dam­ grocery bag, and the items are immune age mail processing equipment or injure from impact or pressure damage. A com ­ employees. bination o f plies adding up to or exceed­ (5) Fiberboard Tubes and Similar ing 60 pounds is not acceptable (e.g. three Long Packages. Fiberboard tubes and plies of 20 pound basis weight paper). similar long packages are acceptable pro­ Reinforced bags are acceptable for easy viding their length does not exceed 10 and average loads of up to 10 pounds. times their girth. As a minimum, the Nonreinforced loose-fill padded bags are strength of the tube ends must be equal not acceptable as exterior containers, ex­ to the tube sidewall strength, except cept when the exterior ply is at least 60 when the contents are lightweight rolled items. Crimped, masking, or cellophane pounds basis weight. taped end closures are not acceptable (ii) Plastic bags shall, as a minimum, for other than lightweight, rolled items. be at least four mil thick polyethylene or Tape must completely encircle the seams equivalent for easy loads up to five on friction slide closures of mailing tubes. pounds and six mil for easy loads up to ILLUSTRATION S (6) Cans and drums. Cans and drums 10 pounds. Experience indicates that are acceptable with positive closures. plastic bags, which will stretch and resist Generally, friction closures by them­ puncturing, are more durable than most selves are not acceptable. Protruding de­ nonreinforced paper bags and provide a vices, such as locking rings, shall be high degree o f waterproofness. However, shielded by padding to prevent injury to the ordinary plastic bag is to be avoided. Postal employees, equipment or other ILLUSTRATION 1 mail. MARK PESIRED HEIGHT OF BOX (A). (c) Cushioning. (1) Cushioning ab­ sorbs and distributes forces caused by shock and vibration. Examples of cush­ ioning materials are foamed plastics, rubberized hair, corrugated fiberboard, and loose fill material, such as polysty­ rene, excelsior and shredded newspapers. Illustrations 4, 5 and 6 show ways of us­ ing cushioning material for packaging odd shaped items, picture frames, fragile ceramic articles and electronic equip­ ment. (2) Loose fill cushioning must over­ fill the container prior to closure to hold the item and prevent its movement to an outside surface of the container or to other items in the package, but the cush­ ioning should not distort the container. Combinations of several types of cush­ ioning should not distort corrugated fi­ berboard pads and less dense, loose fill material are most effective in force dis­ tribution. Shock and pressure forces must be dissipated over as much of the surface of the item as possible. (3) When several items are within a Clii) Cloth bags are acceptable for easy package they must be protected from en d average loads o f up to 10 pounds pro­ each other as well as from external

FEDERAL REGISTER, VOL. 38, NO . 136— TUESDAY, JULY 17, 1973 19032 RUJLES AND REGULATIONS forces. Concentrated heavy items must ILLUSTRATION 6 not illustrated, including those of irregu­ not be packaged with fragile items un­ lar shapes and soft wrapped items. Pack­ less extreme care is exercised to separate ages properly closed with reinforced tape the items from each other. Heavy items are substantially stronger than are par- pels closed with nonreinforced paper must be adequately blocked and braced. tape. (d) Closure and reinforcement— (1) (2) Adhesive. Adhesive is a general General. Closure and reinforcement of term covering cement, glue, mucilage, packages are primary considerations in paste, thermoplastic adhesive, etc. An the preparation and acceptability of any adhesive must cover at least 50% of the parcel. The principal methods of closure box flaps and should be applied not more and reinforcement employ gummed and than y* inch from the ends of the box flaps. pressure sensitive tapes, adhesives, strap­ . (4) Strapping, twine, and cord. When ping, twine and cord; staples for boxes nonpressure sensitive strapping, twine, or and bags; and various friction closures, cord is used for closure and reinforce­ screw caps and locking devices for cans ment, it should encircle the package at and similar containers. least once girth wise and lengthwise over the sides, ends and tops of rectangular ILLUSTRATION 1 containers and bundles. Twine and cord PACK CUSHIONING MATERIAL IN must be at least 20 pounds tensile OTTOM OF CARTON-WRAP EACH strength and must be secured at an inter­ ^SEPARATELY. section at least once on each side. Strap­ ping includes both metallic and non- metaUic banding and pressure sensitive filament tape. Loose strapping, especially metal, is not acceptable because it con­ stitutes a hazard to employees and equip­ ment and does not reinforce the container. (2) Tape, (i) Tape is used for closure, (5) Staples and steel stitching. Staples sealing and reinforcement of containers. and steel stitching are acceptable pro­ Cellophane and masking tape shall not be viding they are spaced not more than 2y2 used for closure or reinforcement of inches apart and not more than 1*4 packages, but may be used to augment inches from the ends of the box. Boxes adhesive closures on envelopes or to that do not meet these requirements may cover staples on bags. Pressure sensitive, be made acceptable by application of a filament reinforced tape is recommended. strip of three-inch-wide tape in the gap (ii) Gummed paper tape must be at between the staples or by strapping to least 60 pounds basis weight kraft. This compensate for the gap in the staple tape is widely used for closure and seal­ closure. Illustration 8 shows staple and ing, but is not adequate for reinforce­ PACK WRAPPED augmented staple closures. ITEMS IN CENTER ment. Reinforced kraft paper tape is OF CARTON AND considerably more durable than plain ILLUSTRATION 7 PACK MATERIAL AROUND AND OVER. kraft tape, and takes less time and tape ADEQUATE CLOSURE INADEQUATE CLOSURE OVERFILL SLIGHTLY for an equal closure. The adhesives on KRAFT PAPER TAPE WITH CUSHIONING gummed tapes must be adequately dis­ This is o cnt-lliicliMit top* available in many width* and strengths. b must W correctly opplied, MATERIAL TO HOLD both as to positioning 'and adhesion, and most be graded in use according to the site, shop*, and solved prior to application, by the use of weight of the package. It is pat adequate lor heavy packages. Of particular importance to the STEMS IN PLACE. warm water with a wetting agent, and obsoivto necessity lor fully toping down the arvds of tho package flaps. [y% ILLUSTRATION S must be firmly applied with the tape ex­

PLACE PACKING MATERIAL IN tending at least three inches over the | BOTTOM OF CARTON. P U C E adjoining side of the box. improper ap­ 'INSERT IN CENTER OF PACKING. plication results when the gummed ad­ hesive is not activated or when thè water is absorbed by the fibrous container. The tape must be kept from freezing for at

\ REINFORCED KRAFT PAPER TAPE least an hour. Care should be taken when This tap# is abavi 3 inches wide add is campo sad of severo! lenta ate d layers with Women!» run­ extremely cold temperatures are antici­ ning bath lengthwise and across. It is extremely break resistant and has «celleol odheiive pated. Even properly applied gummed tapes tend to crack under these conditions. (iii) Pressure sensitive tapes come with various paper, cloth or plastic back­ «RAPEAcgSi ings, both plain and reinforced, and may be readily applied at any temperature above freezing. Application, especially in PRESSURE SENSITIVE FILAMENT TAPE This tape Is composed of f i laments imbedded in pressura sensitive adhesive. I» Is extremely stronfl below freezing temperature, requires tnat and only short strips are needed So accomplish effective doserà. H is impcriont lo rope down me thè tape be rubbed down well to assure adhesion. Pressure sensitive tape should be used on the container in the same way as gummed tapes. (iv) Illustration 7 shows proper and improper methods of applying reinforced place m insert ■ H p and gummed paper tapes and reinforced PACKING MATERIAL. pressure sensitive tapes. Tapes can also Hotei bunting of comers, especially toped feints, «ep ha be used to close other types of packages

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19033

HiVSTRATIOH S Number 2 grade pencil. Package surfaces Strapping in center if gap which will not retain an adhesive stamp, postage meter impression, ball point pen or pencil markings are not acceptable. § 121.5 Maflability. (a) Acceptability. Acceptability of packaging is a principal criteria of mail- ability. No item shall be packaged so that its contents may harm mail handling personnel or equipment. Fragile items must be packaged to withstand the mail processing and transportation environ­ ment. Heavy items must be braced and cushioned to prevent damage to other mail. Some general classes of items which cause a continuing problem due to pack­ aging deficiencies are described in this section. Further information may be ob­ (d) Aerosols. Aerosol containers with tained from parcel post window clerks, inadequate friction cap closures, or dock foremen, and mailing require­ other nonpositive means to prevent acci­ ments personnel. Requests for exceptions dental discharge of contents, are a source to the prohibitions set forth herein shall of loss of contents and contamination to be submitted for a ruling to the Office other mail. These cans must be so con­ of Mail Classification, Finance Depart­ structed as to preclude accidental dis­ ment, U.S. Postal Service, Washington, charge of contents in the mail. This may D.C. 20260. be accomplished through the use of re­ (b) Publications. Publications and cessed valves, screw thread caps, tape stationery-type items ranging from closures or other means of preventing packages of several single sheets to hard discharge. back books weighing several pounds each R oger P . C raig , constitute a major source of loose-in - Deputy General Counsel. § 121.4 Marking. the-m ail items. Problems occur because (a) General. Marking by the mailer of unrestrained, concentrated or shift­ [PR Doc.73-14515 Piled 7-16-73;8:45 am] . must be by a material which is not read­ ing contents, and the use of containers, ily water soluble of which can easily be internal packaging, closures and rein­ PART 144— POSTAGE METERS AND rubbed off or smeared and will be sharp forcements which are inadequate. Publi­ METER STAMPS and clear at a distance of two feet. It is cations and stationery-type items ex­ Postage Meters and Meter Stamps recommended that the name and address ceeding one inch in depth or one pound of the sender and addressee also be in­ in weight should not be accepted in en­ Regulations codified under Part 144 serted within the package to aid in de­ velopes. Publications in packages must with respect to postage meters, have been livery if the address on the package is revised. Matters affected by this revision be unitized by tying or banding or include but are not limited to prepay­ defaced. through the use of partitions or close fit­ (b) Special markings. Special mark­ ting interior containers to prevent shift­ ment of reply postage by postage meter ings as identified shall be placed in an stamps; payment of metered postage; ing. Illustration 9 gives several exam­ failure to make required daily entries; area below the postage and above the ples of unitizing this type material. Boxes name of the addressee: use of fluorescent ink; appropriate dating of publications must be adequately of metered mail; deposits of mail in post (1) Fragile markings shall be applied closed and should be reinforced with to any package containing delicate items office other than where meter is licensed. metal, nonmetallic or tape strapping. . Section 144.4(c) dealing with manda­ such as glass and electrical appliances. (c) Liquids. Liquids, particularly gal­ Identification of contents is not required. tory use of fluorescent ink for postage lon containers with friction top closures, imprints on letter size metered mail took ' (2) Perishable markings shall be ap­ are a source of loss and damage to other plied to any package which will degrade effect on July 1, 1973. This requirement mail and Postal equipment. As a general was published as an amendment to or decompose rapidly such as meat, prod­ rule, containers of liquid with only fric­ uce, plants, „or certain- chemical samples. § 144.4 in 37 FR 17830 as corrected in tion top closures are not acceptable. SI FR 18466. (3) Handling markings, such as DO Screw caps, soldering, clips or other NOT BEND, should be used only when Part 144 has, as indicated above, al­ means must be employed to effect clo­ ready been revised by the Postal Service. contents are protected with stiffeners. sure. Glass and other breakable con­ (4) Words implying expedited han­ Publication in the F ederal R e g ister is tainers with a capacity of over 4 fluid effective immediately. dling, such as RUSH DO NOT DELAY, ounces must be cushioned with an ab­ shall not be used on any package except sorbent material sufficient to take up all Sec. those intended for shipment as special leakage in case of breakage inside a 144.1 Postage meters. delivery or special handling mail. 1442 Meter license. sealed waterproof container. Containers 144.3 Setting meters. (5) Unauthorized labels which do not of liquid with a capacity of over 32 fluid 144.4 Meter stamps. designate the address, nature of con­ ounces shall not be acceptable for mail­ 144.5 Mailings. tents, or handling are not permitted. Ob­ ing unless cushioned as above and pack­ 144.6 Security. solete markings will be obliterated. Con­ aged within another sealed waterproof 144.7 Post office meters. tainers improperly identified as to con­ container, such as a can or plastic bag. 144.8 [Reserved] tents are not acceptable; e.g., a box 144.9 Manufacture and distribution of post­ The outer shipping container must be of age meters. marked as containing seafood which sufficient strength to provide physical contains dry goods. A u t h o r i t y : 39 US.C. 401, 404. protection to the contents. Exceptions to (c) Marking surf aces. Marking meth­ § 144.1 Postage meters. ods or surfaces shall be of such type as this procedure must be submitted for a to permit postal endorsements to be mailability ruling as prescribed in § 123.8 (a) Use of meter stamps. (1) Postage made by hand stamp, ball point pen, or of this title. may be paid by printing meter stamps

FEDERAL REGISTER, V O L 38, NO. 136— TUESDAY, JULY 17, 1973 No. 136—Pt. I- 19034 RULES AND REGULATIONS with a postage meter on any class of (ii) Any photographic, mechanical,any scheme or enterprise of an unlawful mail. Metered mail is entitled to all or electronic process, or any combina­ character, for nonuse during any con­ privileges and subject to all conditions tion of such processes, other than hand­ secutive 12 months, or for any failure of applying to the various classes of mail. the licensee to comply with the regula­ (2) Meter stamps may be used to pre­ writing, typewriting, or handstamping, tions governing the use of postage pay reply postage on letters and post­ may be used to prepare the address side meters. cards under the following conditions: of reply mail prepaid by meter stamps. (2) The meter license holder will be (i) Meter stamps must be printed di­The address side must be prepared both notified by the postmaster if the license rectly on the envelope or card that bears as to style and content in the following is to be canceled and the reasons for the return address of the meter license cancellation. Form 3604, Nonuse of Mail­ holder in an amount sufficient to pre­ form without the addition of any matter ing Permit or Meter License, may be used pay in full the first-class or airmail rate. other than a return address: if cancellation for nonuse is being con­ sidered. If no written statement of ob­ jection is filed by the license holder (Meter stamp to within ten days, the postmaster will can­ be placed here) cel the license. If a written statement is filed, the appeal shall be referred by the postmaster to the Finance Department, NO POSTAGE STAMP NECESSARY Mail Classification Division, for resolu­ POSTAGE HAS BEEN PREPAID BY tion. The Mail Classification Division will John Doe Company notify the license holder of the decision 123 Tremont Street, through the postmaster. If a meter li­ New York, N.Y. 10010 cense is revoked, the postmaster will note the date and reason for cancellation on Form 3601-A (see paragraph (a) o f this section ). § 144.3 Setting meters. (iii) Reply mail prepaid by meterpost office where his metered mail will stamps will be delivered only to the ad­ be deposited. No fee is charged. On ap­ (a) Requirement. A customer may not dress of the meter license holder. If the proval, the postmaster will issue a have any postage meter in his possession address is altered, the mail will be held license. until it has been set, sealed, and checked for postage. (b ) 'Responsibilities of licensee. (1)into service by the Postal Service. The (3) Postage meter stamps for zeroAfter a meter has been delivered to a manufacturer will bring the meter to the postage shall not be affixed to items de­ licensee, he must keep it in his custody post office where it is to be regularly set livered by other carriers since this would until returned to the authorized manu­ for setting and sealing prior to delivery give the -impression of Postal Service facturer or to the post office. A customer to the customer. delivery. may not have a meter in his possession (b) Place. Meter settings, including (b) Description of meters. Postage unless it has been set, sealed, and checking meters in and out of service, meters are made to print single, several, checked into service by the Postal Serv­ will be done only by designated em­ or all denominations of postage. They ice. Avoiding the payment of postage ployees at the post office, station, or contain in one sealed unit the printing through tampering with or misusing a branch where the metered mail will be die or dies and two recording counters. meter is punishable by law. deposited, except as provided for in para­ One adds and keeps a total of all postage (2) The licensee must efiter in the graph (d) (5) of this section. Postal em­ printed by the meter. The other subtracts Daily Record of Meter Register Read­ ployees will not be sent out of the post and shows the balance of postage re­ ings, Form 3602-A, the figures appearing office to set meters except under pro­ maining in the meter, after the use of in the ascending and descending regis­ grams authorized by the regional mail which it will lock. From time to time, ters each day the meter is operated. Fail­ classification branch. Contract stations mailers take the meter to the post office ure to make such entries will be consid­ and branches are not authorized to set to have this counter set for additional ered grounds for revocation of a meter meters. postage, which is added to the balance license. If at any time the sum of the (c) Payment. (1) Payment must be remaining. Payment must be made for two figures does not equal the total en­ made for postage at the time the meter each additional setting. tered in the Form 3602-A at the last set­ is set. Payment may be made by cash, (c) Meter manufacturers, (i) Postage ting, the meter should be taken immedi­ check, money order, or by a withdrawal meters may be leased from authorized ately to the post office, station, or branch from a trust fund previously established manufacturers who are held responsible where it was set for examination. The with the post office for that purpose. See by the Postal Service for the control, post office will provide Form 3602-A section 142, Fiscal Handbook F-l, re­ operation, maintenance, "and replace­ when the meter is initially set. Addi­ garding the acceptance of checks. Trust ment, when necessary, of meters manu­ tional copies will be provided as the accounts may be established when the factured by them. The following manu­ forms are filed. monthly mailing of a licensee is $500 facturers are presently authorized to (3) The meters in the custody of the or more. No activity in the account over lease meters to mailers: licensee and his records relating to meter a 60-day period shall be grounds for (i) ADS-Anker Data Systems Mid­ transactions must be immediately avail­ closing of the account by the post office west, Inc., Postalia Division, 2021 Swift able for examination and audit by the and returning the trust funds to the Drive, Oak Brook, IL 60421. Postal Service upon request. mailer. (ii) National Cash Register Co., Day- (4) If a meter is not reset within a 6- (2) Receipts for payment to a trust ton, OH 45409. month period, it must be presented to­ account shall be made on Form 3544, (iii) Pitney-Bowes, Inc., Pacific and gether with related Forms 3602-A for Post Office Receipt for Money. The orig­ Walnut Sts., Stamford, CT 06904. examination at the post office, station, inal will be given to the customer, the (iv) The Singer Co., Business Ma­ or branch where it is regularly set. duplicate sent to the office maintaining chine Div., 2350 W ashington Ave., San (5) If the meter’s printing or record­ the cash book, and the triplicate retained Leandro, CA 94577. ing mechanism is in any way faulty, it by the employee setting the meter. Trust shall be immediately taken to the post account transactions shall be recorded § 144.2 Meter license. office, station, or branch where it is reg­ on Form 25, Trust Fund Account, kept (a) Application. A customer may ob­ularly set to be checked out of service. on the individual account by the em­ tain a license to use a postage meter by Under no circumstances, shall the faulty ployee setting the meter. Daily totals of submitting Application for a Postage meter be used. the money received for such trust funds Meter License, Form 3601-A (or a form (c) Revocation. (1) A license may be shall be listed on the Daily Cash Report, supplied by the manufacturer), to the revoked if a meter is used in operating Form 1412. x

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19035 (3) Receipts for individual meter set­initial setting or withdrawal, or reports where the mailings are made and the tings shall be made on Form 3603, R e­ a meter lost, stolen, recovered or found, completed Form 3603 will then be sent to ceipt for Postage Meter Settings, in ac­ he shall provide a copy of an installation the mailer. - cordance with paragraph (d) (2) of this or withdrawal form. This shall be for­ (vi) Mail must be presented at a des­ section. warded to the office where the meter files ignated receiving point in the post office (d) Examination and Setting.— (1) are kept (see paragraph (g) of this sec­ by the mailer’s representative. It may not Examination, (i) When meters are tion. be consigned to the post office in bulk by brought in for reset or examination in (3) Transfer of units. When units are freight, express, or other earner. The accordance with paragraph (b) (2) of transferred from one meter to another, a postmaster may not act as the mailer’s this section, they shall be examined to note shall be made after the entries on representative and the Postal Service has determine if they operate properly or Forms 3602-A for both meters and Form no responsibility for the articles until have been tampered with. 3610 as required by subparagraph (2) of they are actually accepted in the mail. (ii) Meters not reset within a 6-month this paragraph, indicating the value of (vii) Matter sent to other post offices period shall be examined, if practicable, the units transferred and the serial num­ for mailing must be shipped in private by an employee not assigned to setting ber of the postage meter from (to) which containers. Post offices will not furnish postage meters. the units were transferred. When addi­ mail sacks for this purpose. The total (iii) Meters shall be examined to de­ tional units are purchased at the time of weight of containers such as cartons, termine whether the seal, register win­ transfer, a receipt Form 3603 shall be crates, etc., which must be lifted by dows, break-off screws, top cover, lock prepared for the additional units pirn- postal employees shall not exceed 70 cover, or other visible parts, have been chased in accordance with subparagraph pounds. broken or tampered with, and whether (2) of this paragraph. (4) Setting meter for use at another (viii) When the use of a meter is dis­ the die hub or meter drum is locked in continued, the meter shall be presented home position. I f evidence of tampering post office. The postmaster who serves the . place where a mailer is located may to the post office where it was set, for or breakage is found, retain the meter checking out of service. Any postage ad­ and promptly notify the postal inspector set a meter to be used in paying postage on mail presented at another post office justment will be made by the postmaster in charge. where the mailings have been made. (iv) Serial numbers shall be checked when it will be a convenience to the to see that they agree with those listed mailer. Before doing so the following re­ (5) Changing place of setting meter. on Form 3610, Record o f Postage Meter quirements must be met: (i) When the place of setting is changed Settings, and that the total o f the twp (i) The postmaster must obtain con­to a different branch or station of the registers equals the last entry in column firmation from the Regional Assistant same post office, Form 3610 shall be re­ 8 of Form 3610. I f the meter is not reg­ Postmaster General, Mail Processing, in tained by the office, branch, or station istering properly, it shall be checked out the region where the post office of mail­ which previously set the meter. The read­ of service in accordance with paragraph ing is located, that the post office of ings on the registers and the office, (e) of this section. mailing has adequate facilities for han­ branch, or station where future settings (v) Instances where daily entries are dling the mail. This is intended to im­ are to be made shall be recorded on obviously not being made should be prove coordination between the Postal Form 3610 and a horizontal line <|rawn brought to the attention of the super­ Service and the mailer as to which point under this last entry. Form 3610 shall be visor for consideration of license revo­ of mailing can provide the best service retained for 3 years. cation. An entry shall be made on Form by virtue of acceptance and transporta­ (ii) A new Form 3610 will be prepared 3610 when an examination (but no reset) tion facilities. The postmaster shall re­ and sent to the office which will make has been made. quest this confirmation by memorandum, future resets. It shall have one entry (2) Setting, (i) Prior to setting, meters describing the nature of the material to stating office, branch, or station which shall be examined in accordance with be mailed (letter size, flats, etc.), volume, previously did resets and the register subparagraph (1) of this paragraph. classes and frequency of mailing, and the readings when transferred. When appro­ (ii) Record descending and ascend­ desired place of mailing. priate, tiie second office can obtain this ing register readings before reset and ' (ii) The mailer must obtain a meter information by telephone and prepare their sum on Form 3603, prepared in license from the post office where the the new Form 3610. triplicate. Verify that the sum agrees mailing is to be presented. When the (6) Reporting receipts. In filling out with the last entry in column 8 o f Form license is received, it must be presented the Daily Cash Report (Form 1412 or 3610 and column C of Form 3602-A. to the mailer’s local post office with the 1412-A, as appropriate) stations, (iii) Set the meter in accordance with meter for setting. The license will be re­ branches, and main office window unit the manufacturer’s instructions. ^ turned to the licensee. personnel shall list the total of payments (iv) Seal the meter using official USPS (iii) The postmark die must show the received for deposit in metered postage sealing pliers furnished by the manu­ name of the post office of mailing. A trust accounts as trust accounts receipts. facturer. Assure that the seal is properly separate meter must be used for each The total of cash receipts for meter re­ affixed and thoroughly compressed. After post office. sets shall be listed as Metered Postage, sealing, the lead seal shall be checked to (iv) Payment for each meter setting A /C 40220. Duplicate copies of the cor­ make sure it cannot move on the wire. must be made by check or money order responding Forms 3603 and 3544 shall be (v) Record readings of descending and payable to the postmaster at the post attached to the Daily Cash Report. Trust ascending registers’ readings (after set­ office where mailings will be made. See fund transactions shall be recorded on a ting) on Form 3603 and complete the section 142.1, Handbook F -l, regarding Form 3083, Trust Accounts Receipts and form. acceptance of checks. Checks must be Withdrawals, and forwarded with the (vi) If payment is to be made by with­ presented to the local post office when Daily Cash Report to the chief account­ drawal from a trust account, record the the meter is set. Trust funds will not be ant (or person designated to keep the transaction on Form 25 maintained for utilized to pay for setting such meters. cash, book) with copies of corresponding that account by the employee setting the (v) The employee setting the postage Forms 3603. meter. / meter will complete Form 3618, Local (7) Meter setting supplies. The manu­ (vii) Post inform ation from Form 3603 Setting of Postage Meter Licensed at facturer furnishes the postmaster with to Form 3610 and complete the Form Another Office, in duplicate. The original instructions for setting various types of 3610 entry. of this form with the check and a meters and provides keys to the locks on (viii) The original copy of Form 3603 stamped, self-addressed envelope (fur­ the recording mechanism, a stylus (used shall be given to the customer with the nished by the mailer for return of Form in setting meters), lead seals and a seal­ meter and Form 3602-A. Copy 2 of Form 3603) will be sent in a post office penalty ing device. Protect these items to prevent 3603 shall be sent to the holder of the envelope to the postmaster where the their use by unauthorized persons. Keep cash book, and copy 3 shall be kept in the mailings are to be made. The duplicate the instructions in the binder holding receipt book by the meter setter. shall be retained by the employee setting Forms 3610. Requisition additional copies (ix) When a meter manufacturer’s the meter. A record of each setting shall of the manufacturer’s setting instruc­ representative brings in a meter for be entered on Form 3610 at the office tions from the nearest branch or head-

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19036 RULES AND REGULATIONS quarters office of the meter manufac­ the number of the meter and the number other facts what postage adjustment, if turer. Requisition additional supplies of and value of units transferred. When any, is necessary. Return the meter rec­ lead seals from the headquarters office of units of postage are refunded, show ord book to the meter user. In case of the meter manufacturer. Requisition the amounts and method of payment. doubt regarding proper postage adjust­ fallowing forms from your supply office (v) Form 3602-A must be submitted ment, report all facts to the Finance De­ when the first application for a postage by the user when the meter is checked partment, Mail Classification Division, meter license is received at your office: out of service. Enter in the book, below for instructions. 3083 Trust Accounts Receipts and With­ the last entry, the readings of both reg­ ( f ) Refunds for unused meter stamps. draw als. isters before and after checkout, the Refunds for unused meter stamps will be 3601- A Application for a Postage Meter amount of postage transferred, and the made in accordance with paragraph (e) L icense. metfer it was transferred to. Make an en­ o f § 147.2 of this title. 3602— A Daily Record of Meter Register try on Form 3602-A of the second meter (g) Records—files. Three basic files R eadings. indicating the amount of postage trans­ shall be kept for meters and meter li­ 3603 Receipt for Postage Meter Settings. ferred and the meter it was transferred censees: an alphabetical file o f licensed 3604 Nonuse of Mailing Permit or Meter L icense. from. If the meter record book does not meter users, an alphabetical file of meter 3610 Record of Postage Meter Settings. show the ascending and descending reg­ licensees and meters currently in use by 3616 Report of Quarterly Verification of ister readings, totals, and dates for the them, and a numeric file of postage me­ Metered Mail. last three settings, enter these in the ters. These files will be maintained in the 3619 Permit Number Record. book from the inform ation on Form 3610 main post office. They shall not be dup­ 3977 Duplicate Key Envelope. and notify the supervisor. If Form 3602- licated at branches, stations, or other lo­ (8) Custody of meter setting keys. A c­A is not available, furnish a report to the cations but shall be kept so that infor­ curate custody records of meter keys will manufacturer stating that fact, furnish­ mation is readily obtainable by telephone be maintained by post offices. Duplicate ing register readings, totals, and dates or other means. Additional information keys will be kept in Duplicate Key En­ after each of the last three settings. State concerning accounting records for Postal velope, Form 3977, and safeguarded in also the amount of postage transferred Service owned meters is contained in accordance with the instructions on the to another meter. Return Form 3602-A § 144.7(d). envelope. A semiannual verification of to the licensee unless the meter was (1) License file. A central file shall be keys will be made, with the entry for faulty (see subparagraph (2) of this par­ maintained o f all currently licensed users each key being initialed and dated as agraph). The licensee shall keep Form o f postage meters. This file shall consist evidence of verification. The loss of any 3602-A for at least one year after date of approved Forms 3601-A (top portion key shall be immediately investigated of final entry. of form). Canceled licenses shall be and reported to the regional mail classifi­ (vi) Enter date of discontinuance on maintained for a period of one year and cation branch and the meter manufac­ numerical file record card for each meter then disposed of. turer. If a key is subsequently recovered, checked out of service. (2) Meter user file. This file consists promptly notify the regional mail clas­ (vii) Turn the meter over to the meter of cards filed alphabetically by licensee, sification branch and the manufacturer. manufacturer’s representative with the listing the manufacturer and serial num­ Keys no longer required at an office and lock unsealed. Provide the manufacturer ber of meters in use. As meters are with­ emergency requests for meter setting with Form 3602-A if the meter was drawn, delete from the list by simply keys will be sent to the sectional center. faulty. drawing -a line through the serial num­ (e) Checking meter out of service— (2) Checkout of faulty meter, (i)ber. This file and the numeric file shall (1) Checkout procedures; (i) When a When a meter is presented for checkout be kept where they will be available for mailer brings in a meter which he no because of mechanical failure, follow the use any time the post office is open for longer requires or in which the printing procedures in subparagraph (1) of this business or mail is being processed. and recording mechanism fails to record paragraph. (3) Numeric file. This file shall con­ its operations correctly, promptly check (ii) Upon request of the manufac­ sist o f cards for each meter set by post the meter out of service. Notify the man­ turer, furnish a photostat copy of Form office, branch, or station. Cards shall ufacturer’s representative to call for the 3610 for any meter checked out because contain the make, model, and serial meter, if the meter user has not notified of faulty operation. Send the copy di­ number of the meter and list the name him. rectly to the manufacturer. of the meter user, date of installation, (ii) Unused postage in the meter may (iii) After examination of a meter and date when withdrawn or reported be transferred to another meter used by withdrawn because of apparent faulty lost or stolen. operation affecting registration, the the licensee and registered at the same § 144.4 Meter stamps. post office, or the postmaster may refund manufacturer will return the meter rec­ the amount in accordance with provi­ ord book directly to the postmaster with (a) Designs. The types, sizes, and sions of paragraph (e) of § 147.2 o f this a detailed statement explaining why the styles of meter stamps are fixed when title if the total readings of the as­ meter failed to function properly. The meters are approved by the Postal Serv­ cending and descending registers are manufacturer may also recommend an ice for manufacture. Only approved de­ equal to or less than the total settings appropriate postage adjustment. Deter­ signs may be used. Some approved de­ shown on the Form 3610. If the total o f mine from the manufacturer’s report and signs are illustrated below. the register readings of the defective meter exceeds the total settings, deduct excess from the amount shown in the descending register to determine the amount of postage to be refunded or transferred. When a meter fails to lock out and prints stamps in excess of the amount for which set, collect the addi­ tional amount due from the mailer in cash. Convert the collection into postage- due stamps of a high denomination, affix the stamps to a sheet of paper, cancel and deliver them to the meter user as a receipt for postage collected. Do not fur­ nish any other receipt. (iii) Clear the descending register to zero or to lowest possible setting. (iv) Record on Form 3610 the date, reason, and whether unused units were transferred to another meter, including FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19037

(b) Legibility. Meter stamps must be Service. The plates may not be used to receipt regardless of time shown in post­ legible and not overlap. Illegible or over­ print postal endorsements on maiL marks or meter stamps. lapping meter stamps will not be counted Slogans must not be objectionable or (4) Examination. Examine mail while in determining postage paid. misleading. being routed for distribution to deter­ mine that it is properly prepared. This (c) Fluorescent ink. The use of fluo­ § 144.5 Mailings. rescent ink will be mandatory for postage examination may be made by a selective imprints on letter-size metered mail e f­ (a) Preparation. The mailer must check of the pieces as they are dis­ fective July 1, 1973. Failure to use fluo­ bundle, box, or otherwise package mail­ tributed. Metered mail bearing the wrong rescent ink may result in the revocation ings of 5 or more letter-type pieces with date of mailing see § 144.4(g) will be run of the meter license. Letter-size mail is the addresses facing in one direction. through a canceling machine or other­ defined as being from 41/4" to IIV2 ” This prevents the pieces from becoming wise postmarked to show the proper long, 3 " to 6 % " wide, and .006" to .25" mixed with other mail which has to be date. Form 3749 will be used by post­ thick. r -, m i 1 faced, canceled, and postmarked in the masters to call irregularities to the at­ (d) Meter stamps on tape. When post office. Properly prepared metered tention of the mailer. If the same ir­ meter stamps are printed on tape, only mail can go directly to distribution and regularity is repeated, the postmaster tape approved by the Postal Service may thereby be expedited in dispatch. Metered will notify the head of the firm or his be used. mail not properly bundled, boxed, or authorized agent in writing. If a mailer (e) Position. Meter stamps must be otherwise packaged as required will be disregards such notices on dating of printed or stuck in the upper right cor­ reported by telephone or personal visit mail, the postmaster may refuse to ac­ ner of the envelope, address label, or tag. to the mailer or his authorized agent. A cept the mail, or if the mail has already (f) Content. Meter stamps must show record of this action will be maintained been accepted, he may return the mail city, State, meter number, and amount by the postmaster on Form 3749, Irregu­ with instructions to enclose it in new en­ of postage for all classes of mail. When it larities in the Preparation of Mail Mat­ velopes bearing the correct date in the is necessary to print multidenomination ter. If the mailer or his agent disregards meter stamp. such reports and irregularities are re­ meter stamps on more than one tape, the § 144.6 Security. circle showing the post office must ap­ peated, the mail will be retained by the pear on each tape. postmaster and the mailer immediately (a) Quarterly Verification. (1) The (g) Date of mailing. (1) Dates shown notified by telephone so that the mailing postal data center provides each post in the meter postmark of any type or can be picked up for proper preparation office with a quarterly meter control list kind of mail shall be the actual date of before acceptance and dispatch. Each of postage meters used for mailings at deposit except when the mailing piece class and denomination should be that post office. These listings should be is deposited after the last scheduled col­ bundled separately. Special delivery and checked for accuracy in accordance with lection of the day. When deposit is made airmail should always be bundled sep­ section 236.4, Handbook F -l. after the last scheduled collection of the arately or located on the top of a bundle. (2) Area mail processing units and day, mailers are encouraged but not re­ (b) Place of Mailing. (1) Metered mail, post offices which do initial distribution quired to use the date o f the next sched­ other than bulk mailings- of third-class of originating mail will take a sam­ uled collection. mail may be deposited in any street col­ pling of local originating metered mail (2) The month, day, and year must be lection box, mail chute, receiving box, co­ (letters and parcels including those bear­ shown in the meter postmark on all first- operative mailing rack, or other place ing Postal Service meter stamps) during class, airmail, and priority mail (heavy where mail is accepted, which is under a different day of each quarter. Sample pieces), and on all registered, certified, the jurisdiction of the post office shown sizes will depend on the number of insured, COD, special delivery, and spe­ in the meter stamp. To secure faster dis­ meters under license at the office, the cial handling mail, except prepaid reply patch, metered mail should be deposited total volume of local originating metered postage, whether the postmark is printed at the main post office or a station or mail, classes of metered mail, and the directly on the mailing piece or on a branch thereof. diversity of mailings. Five to twenty- separate tape. (2) To expedite dispatch and as a con­five percent of the meters set at the of­ (3) The month and year must be venience to meter users, limited quanti­ fice should be included in the sampling, shown on meter postmarks printed on a ties of airmail, special delivery, and with larger offices using the lower per­ separate tape for second-, third-, and other first-class mail may be deposited centage figure and smaller offices the fourth-class pieces. The day may be at offices other than the one which ap­ higher. This sampling is designed to: omitted. Mailing pieces postmarked on pears in the meter stamp. A limited (i) Detect use of unauthorized meters a separate tape with only the month and quantity is considered to be the quantity (ii) Detect altered metered stamps year may be accepted during the month of mail a secretary might deposit in a (iii) Detect improper metered mail shown and through the third day of the mail receptacle on the way home from procedures by mailers, especially incor­ following month when, in the judgment work. rect postmarks. of the postmaster, the mailing was un­ (c) Handling of Metered Mail— (1) (3) Employees making the sample avoidably delayed prior to its deposit Mailed at stations and branches. At shall be familiar with the requirements with the Postal Service. stations and branches where mail is not of part 144 and shall be provided with (4) The date (day, month, or year) is processed, keep metered mail separate copies of Forms 3616 and 3749. not required to be shown on meter post­ from other types of mail insofar as pos­ (4) Local originating metered mail marks printed directly on a second-, sible so that the advantages of the sepa­ with other than a local postmark shall third-, or fourth-class mailing piece. ration are not lost at the time of process­ be listed on a separate Form 3616, a (5) The date shall not be shown on ing. When the quantity warrants, place separate Form 3616 being used for each meter postmarks used to prepay reply metered mail in pouches, sacks, or postmark. hampers, labeled Metered Mail. When postage in accordance with § 144.1(a) (2). (5) Metered mail being sampled should (h) Hour o f Mailing. The hour of m ail­ the quantities are too small be be sepa­ rately pouched or sacked, tie the pieces also be examined for alterations or ing may be shown only on first-class, air, counterfeit impressions. Suspect impres­ or special delivery mail, and then only securely in bundles, labeled M etered Mail so that they may be identified and sions should be immediately reported to when it is mailed in time to be dispatched the supervisor. Alterations may be indi­ at the hour shown. promptly separated in the distributing unit from other types of mail. cated by: (i) Meter Slogan and Ad Plates. Li­ (i) Peculiar tint of ink. censees may print advertising matter (2) Postmarking. Do not postmark simultaneously with meter stamps within metered mail, except as required in (ii) Smudged or uneven impressions. space limitations. Licensees must obtain 332.35 of the Postal Service Manual and (iii) Digits which are out of line or the plates for advertising from author­ subparagraph (4) of this paragraph. vary in size. ized manufacturers of meters to assure (3) Distribution. Send metered mail (iv) Impressions which appear to have suitable quality and content in accord­ to distribution points as soon as re­ been altered manually by pen and ink ance with the requirements of the Postal ceived. Distribute in order of priority of or other means.

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19038 RULE'S AND REGULATIONS (6) Metered mail being sampled should, of the designated supervisor except dur­ anteed against all defects in materials also be examined for improper mailing ing the period the meter is assigned to and workmanship for 1 year after instal­ practices such as wrong date and im­ the meter operator. The duplicate key lation. Request nearest authorized manu­ proper preparation- Form 3749 shall be will be recorded and retained in protec­ facturer's representative for free service prepared for each irregularity observed. tive custody. during the 1-year guarantee. For other (7) An employee who did not partici­ (3) Settings. Meters must be set by an repairs see part 623 o f the Postal Service pate in the sampling shall check the employee authorized to set customer’s Manual. Forms 3616 against the numeric listing meters. A meter machine operator must (9) Slogan Ad Plates. Except as pro­ of meters set by the post office. Discrep­ never set his own meter. Record initial vided in subparagraph (4) o f this para­ ancies which cannot be resolved shall be setting and all other information called graph do not use slogan die plates in reported to the regional mail classifica­ for on Form 3609-PO, Control for Post post-office owned meters. tion branch. Office Meter. Set each meter at least once (d) Accounting— (1) Employees ac­ (8) Forms 3616 for mail having other each 6 months. Limit settings to multi­ countable. (i) Designate a supervisor or than local postmarks shall be forwarded ples of $100.00. other employee not assigned to operating to the appropriate postmaster to deter­ (4) Conversion to postage due. (i) the meter as responsible to check the mine if they are authorized. These Forms Meters are converted to postage-due use daily' accountability o f postage printed 3616 shall be filed with Forms 3616 de­ by installing a snap-in die plate which by a meter. He shall check the meter in veloped during that office’s quarterly imprints the words Postage Due to the and out of service daily for the operator verification. Postmasters shall report use left of the postmark circle. Dies are fur­ and see that it is protected as provided in of unauthorized meters to the regional nished by the Western Area Supply Cen­ paragraph (c) (7) of this section. mail classification branch. ter, Parts Section, Topeka, KS 66601. (ii) A meter operator is responsible (9) The regional mail classification Requisition on, Form 4984, Repair Parts for all postage printed by a meter while branch shall attempt to resolve reports Requisition. Include the model of meter it is checked into his service; and for of unauthorized meters by comparison with all requests. locking the machine'' and safeguarding with lists of stolen meters and by discus­ (ii) Requisition a portable meter the key dining temporary absences. He sion with meter manufacturers. Meters stand to move the meter between post­ shall use an informal receipt, or back of that are unauthorized or which have pre­ age-due units and receiving windows Form 3602-PO, when meter is tinned viously been reported stolen shall be re­ when it is used in a dual capacity. over to a relief clerk during lunch or ported to the Inspection Service and to (iii) Meter operators .assigned to re­ other short period. the manufacturer. The reporting post ceiving mail from the public may not (2) Preparation and verification of ac­ office shall be advised of any action also deliver postage due mail to window counting records.— (i) Form 3602-PO. taken. callers. This is an accountable form , serially (b) Lost and stolen meters. Report the (5) Affixing meter stamps. Sell meter numbered, used daily to record meter loss, theft, or recovery of any lost or postage for packages or parcels of all register readings and remittance of cash. stolen meters immediately to the local classes, and for occasional letters pre­ Each day the meter operator shall record postmaster, to the mail classification sented by mailers of parcels. Affix meter the meter number, unit or station name, branch for the region in which the meter stamps to the mail in presence of mailer. date, and ascending and descending reg­ is licensed for use, and to the local po­ Do not use a meter for quantities of let­ ister readings. The designated supervisor lice. Reports shall include the meter ters or circulars. Do not sell meter stamps shall verify the readings of registers and model and serial number; the date, loca­ to be taken from the post office to be put then turn over the lever key to the oper­ tion and details of the loss or theft; and on parcels elsewhere. You may sell to ating clerk. At the end of his tour, the a copy of the police report when appli­ collectors, stamps of meters installed at meter operator shall record the ascend­ cable. parcel post and registry receiving win­ ing and descending register readings. dows provided the stamps are for small The difference between the beginning § 144.7 Post office meters. amounts and are for philatelic purposes and ending readings represent postage (a) Criteria for use. Omnidenomina- only. Do not issue stamps showing “.00” for which the meter operator is account­ tion postage meters are assigned to par­ in the indicia or for less than 5 cents. able. The designated supervisor must cel post and registry windows and post­ Do not sell postage-due imprints except verify readings and initial Form 3602-PO age-due units at post offices and classified to collect postage-due. A meter operator when checking a meter out of service or stations and branches meeting the cri­ should submit unused meter stamps daily when transferring it to another operator. teria in section 641.444 of the Postal that are printed in error with Form 3533, (ii) Form 3609-PO. (A ) Form 3609- Service Manual. Post - office - owned Application and Voucher for Refund of PO shall be retained by the director, office meters are not assignable to contract Postage and Fees, to postmaster for full of finance, chief accountant or the indi­ stations or branches. refund. Do not hold these stamps longer vidual in charge of the office cash rec­ (b) Requests for meters. Requests for than one week in any case. ords. The first meter setting shall be postage meters shall be made in accord­ (6) Ink and tape. Use only tape and recorded directly in Form 3609—PO. All ance with section 641.444 of the Postal red ink furnished by the Postal Service. other settings are reported on Form 3602- Service ManuaL Requisition from the supply center. Use PO and posted to Form 3609-PO. (c) Operation of meter— (1) Instruc­ green ink in meters used exclusively for (B) A copy of Form 3602-PO must be tions by meter manufacturer. A repre­ postage-due mail. Green ink must be ob­ kept with Form 3609—PO and the total sentative of the manufacturer will in­ tained from meter manufacturer or their amount of postage posted once each ac­ struct employees how to operate the local representative in accordance with counting period on Form 3609—PO. The device at time of installation. local procurement authority in chapter 6 numerical sequence o f Forms 3602-PO (2) K eys, (i) Two different keys areo f the Postal Service Manual. must be verified. needed to operate a postage meter. One (7) Protection of meter heads. R e­ (3) Ascending register reversion. The key is required to unlock the meter oper­ move meter heads and place in a safe ascending register on reaching its maxi­ ating lever and must be used each day or locked cabinet overnight and at other mum will revert to zero and start a new the machine is operated. A different key, times when operator is temporarily ab­ ascending record. When this occurs, the which is the same as the key used to sent from his station and adequate sur­ meter operator shall record the closing open customers’ meters at time of set­ veillance cannot be maintained over the ascending register on Form 3602-PO as ting, is required to open the meter unit meter head to prevent its misuse by un­ though it had not reverted by recording to set an amount of postage in the device. authorized persons. the carry-over digits in parentheses, as The manufacturer will not furnish an (8) Repairs. Postage meters are guar­ fo r example: additional meter setting key if you al­ ready have one. Descending register beginning.______120000 Ascending register end ------i 1) 006^ Descending register end______40000 Ascending register beginning------9980000 (iD Duplicate keys are provided for the meter operating lever of each Amount remitted: $800.00 machine. One key will be kept in custody

FEDERAL REGISTER, V O L 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19039

When Form 3602-PO is received by the tion to the Finance and Administration card, or by a combination of the two employee maintaining records on Form Department, in person or in writing. On methods. The housing must be of such 3609-PO, appropriate notation of the qualification and approval, the applicant construction that it is impossible to alter date of reversion shall be made on the will be authorized in writing to manu­ the readings of the ascending register Form 3609-PO. Thereafter, readings of facture postage meters and to lease them except by normal operation, or to gain the ascending register will be recorded in to mailers. The name of the manufac­ access to the internal mechanism, except the usual manner without addition o f the turer will be listed in the Postal Service for setting the descending register as digit in parentheses. Manual. provided in subparagraph (3) of this (4) Remittance. Money collected (3) Suspension. The U.S. Postal Serv­ paragraph, without mutilation. through postage meter operations must ice may require a manufacturer to sus­ (5) The printing die must either con­ be remitted daily as near the end of the pend production and distribution of any form in design to one already in use or tour as possible. The original of Form or all of his models of postage meters be approved by the Finance and Admin­ 3602-PO must accompany Form 1412 or pending investigation to determine istration Department. It must include the 1412-A Daily Cash Report. I f Form 1412 whether his authorization should be re­ serial number of the meter and identifi­ or 1412-A is not used, send remittance voked and the Postal Service will fully cation of the manufacturer, and be so with Form 3602-PO. advise him of the facts which may war­ constructed or shielded that it is not (e) Use by contract stations and rant such action. The manufacturer will practically possible without proper regis­ branches.— (i) Privately owned meters. be given an opportunity to demonstrate tration in the ascending and descending Although post-office-owned meters are or achieve compliance with all the lawful register to obtain imprints fraudulently. not furnished to contract stations and requirements within a reasonable, speci­ (6) The meter die must include a post­ branches, the contractor may at his own fied time limit. mark to print the name of the city and expense and option obtain a postage (4) Revocation. Authorization may be State from which mail is dispatched and meter to collect postage on parcels pre­ revoked if the manufacturer engages in the date of mailing. The postmark must sented by patrons. any scheme or enterprise of an unlawful be printed at the left of but adjacent to (2) Accountability, (i) Settings of me­ character or fails to comply with any of the denomination stamp and may be ters for contract stations shall be made the provisions o f part 144. either included in an overall design with at the post office or classified station or (b) Specifications. Postage metersthe denomination stamp or separated branch designated by the postmaster. must incorporate all of the following me­ from it. Provision must be made so that (ii) If meter is used exclusively for chanical features and safeguards: the date may be either printed or omitted mailings of customers, follow instructions (1) A postage meter may be either the as required by the U.S. Postal Service on in paragraph (b) (3) of this section and detachable portion containing the print­ the various classes of mail. Provision may reduce stamp credit. Furnish Form 3602- ing die and registering mechanism of a be made to print an hour of mailing PO to contractor and require submission mailing machine, or it may be complete either within or in a close position out­ of form with daily remission of meter in itself. In either case, it must be suit­ side the postmark. Provision may also be funds. able for the mailer to bring to the post made to print designations such as “Non­ (iii) If meter is also used by contrac­ office for setting. profit Org.”, and the like, adjacent to tor to pay postage on his own mail, re­ (2) A postage meter may be capable and in the same operation with the quire payment for each setting at the of printing one denomination of postage meter stamp. The denomination die must time meter is set. Contractor will reim­ and registering the number of such im­ not be completely exposed at any time burse himself for meter postage applied pressions made (single denomination); during the process of installing or re­ to customers’ parcels. or it may be capable of printing several moving postmark dies, daters, hour type, (iv) Account for all settings of non­ denominations and registering either or special designation slugs or when post-office owned meters used at con­ multiples of the smallest unit printed changing the date. tract stations in the same manner as (multidenomination) or the currency (7) Provision may be made in a meter customer meters. See Handbook F -l. value of the impressions made (omni­ for a meter slogan or ad plate to print § 144.8 [Reserved] denomination) . The printing die or dies, to the left of and adjacent to the post­ counters and counter-actuating mech­ mark. The size and position of a slogan § 144.9 Manufacture and distribution of anism must be inseparable in the unit or meter ad must be such that it will not postage meters. brought to the post office for setting. interfere with or obschre the meter stamp (a) Authorization to manufacture and (3) In each postage meter, there must or postmark and it must be possible to l&ase— (1) Qualification. Any concern de­ be two accurate and dependable counting install the plate easily without exposing siring authorization to manufacture and devices, one ascending and registering the meter stamp die. Plates must be made lease postage meters for use by mailers the total imprinted, the other descending of suitable, durable material which will under § 144.1(c) must qualify as follows: and registering the balance of the last not soften or disintegrate while in use. (1) Satisfy the U.S. Postal Service as setting remaining unused. The descend­ They must be well fitted and so securely to its integrity and financial responsi­ ing register must actuate a locking mech­ fastened to the printing mechanism that bility. anism preventing further operation of they will not become loose or detached or (ii) obtain approval of at least one the meter after the register has reduced otherwise interfere with proper opera­ model postage meter incorporating all to an amount less than the largest de­ tion of a meter. the mechanical features and safeguards nomination printable in one operation or (8) The entire mechanism must be of specified in paragraph (b) of this section. to zero. The descending register must be such solid, substantial, and dependable (iii) Have, or establish, and maintain so constructed as to be easily set at the construction as to protect the U.S. Postal under its supervision and control ade­ post office for any amount of postage or Service amply against loss of revenue quate manufacturing facilities suitable to number of impressions within its ca­ from fraud, manipulation, misoperation, carry out to the satisfaction of the pacity, prepaid by the mailer. or breakdown. Finance and Administration Department (4) The entire mechanism must be en­ (c) Testing and approval— (1) Sub­ the provisions of paragraph (d) of this cased in a substantial housing. The mission of each model. Each model meter section. Such facilities shall be subject descending register must be accessible to proposed for manufacture must be ap­ to inspection by representatives of the the post office by means of a door proved by the Finance and Administra­ Finance and Administration Department. equipped with a suitable lock and with tion Department, after being tested by (iv) Have, or establish, and maintain provision for a post office seal. The the National Bureau of Standards, or the adequate facilities for the control, dis­ ascending register and all other mech­ U.S. Postal Service Laboratory, at the tribution, and maintenance of postage anism must be so shielded as not to be expense of the manufacturer. A prelimi­ meters and their replacement when accessible even when the door is open. nary working model which meets the necessary. The readings of both registers must be specifications in paragraph (b) of this (2) Application. Any person or con­ easily obtainable at any time between section may be submitted for tentative cern seeking authorization to manufac­ operations, either by visibility through approval. No meters of any model may ture postage meters may make applica­ closed windows, or by imprint on tape or be distributed or used for payment of

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19040 RULES AND REGULATIONS postage until a complete unit made to manufacturer must exercise due care to complete record by serial number of all production drawings and specifications prevent loss or theft of keys or of serially meters manufactured, showing all move­ has been submitted, tested, and ap­ numbered postage printing dies or com­ ments of each from the time it is pro­ proved, except as may be specifically au­ ponent parts, such as denomination duced until it is scrapped, and the read­ thorized for preliminary field testing. printing dies, which might be used in ing of the ascending register each time (2) Security examination. Each model some manner to defraud the Government it is checked into or out of service meter proposed for manufacturer will be of postal revenues. All serially numbered through a post office. These records must examined to see that it incorporates all printing dies produced should be. ac­ be subject to inspection at any time dur­ the mechanical features and safeguards counted for by assembly into meters or ing business hours by officials of the U.S. required by paragraph (b) of this section by evidence of mutilation or destruction. Postal Service. These records may be and that it amply protects the U.S. Postal Postage printing dies removed from destroyed 3 years after the meter is Service against loss of revenue. meters and not suitable for reassembly scrapped. (3) Endurance test. Each model of must also be mutilated beyond the pos­ (ix) Cancel his lease agreement with meter proposed for manufacture must sibility of use, or be completely any mailer whose meter license is can­ pass without error or breakdown the fol­ destroyed. celed by the U.S. Postal Service and re­ lowing described printing cycle endur­ (4) Destruction of meter stamps. All move his meter promptly. ance test which includes operation of the meter stamps printed in the process of (x) Maintain a permanent record by printing mechanism with proper regis­ testing dies or meters must be collected serial number of all meter keys issued to tration of the selected postage value in and destroyed daily. postmasters as well as those sections of both the ascending and descending (5) Inspection of new and rebuilt tiie manufacturer’s establishment in registers : m eters. All new and rebuilt meters must which their use is essential preferably (i) For meters that operate at 100 or be carefully inspected before leaving the in the form of signed receipt cards. Re­ more printing cycles per minute—4 mil­ manufacturer’s meter service station. port the loss or theft of any of his meter lion cycles.—For meters that operate at (6) Keys and setting equipment. The setting keys, or the recovery of lost or less than 100 printing cycles per minute meter manufacturer must furnish keys stolen keys, to the Regional Postmaster (and cannot be used interchangeably on and other essential equipment for setting General. power base machines that operate at 100 his meters to all post offices under whose (xi) Examine each meter withdrawn or more printing cycles per minute) — jurisdiction his meters are licensed for from service for failure to record its 2 million cycles. use. These items must be protected and operations correctly and accurately, and (ii) For multi- and omni-denomina­ shall not be furnished to persons not report to the U.St Postal Service the tion meters, postage value selection ele­ authorized by the U.S. Postal Service to mechanical condition or fault which ments shall be tested for one-half mil­ have them. caused the failure. See § 144.3(d). lion operations. A complete operation (e) Distribution.— (1) Facilities. Au­ (xil) Submit such other reports to the includes selection of a value and return thorized manufacturers must maintain U.S. Postal Service as may be required to zero. adequate facilities for the distribution, from time to time. (iii) Balance register lockout operation control, and maintenance of postage - (f) Maintenance— (1) Replacement. shall be performed at the start of, at in­ meters. All such facilities are subject to The manufacturer must maintain his tervals during, and at the end of the inspection by representatives of the meters in proper operating condition for printing cycle test. Finance and Administration Depart­ mailers by replacing them when neces­ (4) Approval. The U.S. Postal Service ment. sary or desirable to forestall mechanical reserves the right before approval to re­ (2) Controls. Each authorized manu­ breakdown. quire additional examination and test­ facturer is required to: (2) Inspection of meters in use. The ing as necessary to resolve any areas of (i) Retain title permanently to all manufacturer must have all of his meters doubt regarding the security or endur­ meters of his manufacture except such in service with mailers inspected at least ance characteristics of any meter which as may be purchased by the U.S. Postal twice annually at approximate six- is proposed for manufacture. Service for use in post offices. month intervals. Inspections must be (5) Deposit of specimen meter. One (ii) Lease his meters only to mailers sufficiently thorough to determine that production model o f each meter approved to whom meter licenses have been issued each meter is clean, in proper operating must be deposited with the Finance and by the post office. condition, is recording its operations cor­ Administration Department, and no (iii) Supply only those meter slogan rectly and accurately, that neither the changes affecting the basic features or or ad plates that meet the requirements post office seal nor any seal placed by safeguards may be made thereafter with­ of the U.S. Postal Service for suitable the manufacturer to prevent access to out Postal Service approval. quality and content. the mechanism has been removed or (6) Tests after approval. Additional (iv) Deliver meters to post offices or tampered with, and that there are no meters from current manufacture must postal stations only—never to mailers other indications of tampering. A speci­ be submitted to the National Bureau of until set and sealed at a post office. men printing of .00tf shall be run off and Standards, or the U.S. Postal Service, for (v) Take reasonable precautions in the ascending and descending registers test, at the expense of the manufacturer, the transportation and storage of his checked to insure that they do not as may be requested by the Finance and meters to prevent their reaching the change. The meter register readings Administration Department, U.S. Postal hands of unauthorized individuals. must be compared with the control figure Service. (vi) Report the loss or theft of any of last recorded by the postal setting em­ (d) Safeguards— (1) Materials and his meters, or the recovery of any lost ployee In the meter user’s Form 3602-A, workmanship. All meters must closely or stolen meters, immediately to the local Daily Record of Meter Register Readings, adhere to the quality in materials and postmaster, the local police, and the Re­ to confirm the accuracy of the registers. workmanship of the- approved produc­ gional Postmaster General for the region If the post office control figure has not tion model and must be manufactured in which the meter is licensed for use. been recorded, obtain such figure im­ with suitable jigs, dies, tools, etc., to (vii) Report to the appropriate postal mediately from post office to confirm ac­ assure proper maintenance and inter­ data center of the U.S. Postal Service curacy of registers. Any irregularities changeability of parts. each time a meter is presented at a post found in the operation of a meter at any (2) Breakdown tests. At reasonably office for initial setting or to be checked time or any improper usage of a meter frequent intervals, the manufacturer out of service—the report to include the must be reported immediately to the must take meters at random from pro­ name and address of. the mailer, the post mailer’s postmaster, and appropriate duction and subject them to breakdown office or postal station through which it steps must be taken to have the meter tests to make certain that quality and was handled, and the. readings of both discontinued. performance standards are maintained. registers at the time the meter left or (3) Repair of internal mechanism. Re­ (3) Protection of printing dies and was returned to the manufacturer’s pos­ pair or reconditioning of meters involv­ keys. During the process of fabricating session. ing access to internal mechanisms must parts and assembling postage meters, the (viii) Maintain at his headquarters a be performed only within a factory or

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19041 suitable meter repair department under Sec. of whether the article was new or used, the direct control and supervision of the 164.6 General instructions for filing reg­ or price of materials used and labor, if manufacturer. Meters must be checked istered mail claims. handmade. 164.7 Acceptance and initial preparation of (iv) Statement of value from a reputa­ out of service through the post office of registered mail claims. setting before they are opened or any 164.8 Additional post office responsibilities ble dealer. internal repairs are undertaken. (registered mail claims) . (v) Catalog value of a similar article. (vi) Paid repair bills, estimates of re­ (g) Notice of “proposed changes in Authority : 39 U5.C. 401. regulations. So far as may be consistent pair costs, or appraisals. with the public interest, before any § 164.1 General instructions on filing an (e) Assignment of responsibilities. (1) changes are made in the regulations in insured (including C.O.D.) mail Post offices, classified stations and this Part 144, the U.S. Postal Service will cla im . branches will: (1) Accept claims when evidence o f in­ give notice of any proposed changes suf­ (a) Who may file. A claim for loss or ficiently far in advance of the proposed surance, statement of value (if claim is damage of insured (including c.o.d.) for $50 or more), and required signatures effective date to enable persons who mail may be filed by either the mailer manufacture or who may be interested are furnished. or the addressee. (ii) Assist customers in preparation of in manufacturing ' postage meters, a (b) How to file— (1> Domestic claims. reasonable opportunity to be heard and Form 3812. A customer may file a claim at any post (iii) Complete post office portion of to adjust their operations to accord with office, classified branch, or station. Form the proposed changes if they are adopted. Forms 3812. 3812, Request for Payment of Domestic (iv) Route completed Forms 3812 in R oger P. C ra ig , Postal Insurance, dated Nov. 1971 or accordance with section 164.4. Deputy General Counsel. later, is used to request payment for the (2) The St. Louis Postal Data Center [PR Doc.73-14398 Piled 7-16-73;8:45 am] loss or damage of insured mail. The form will adjudicate and pay or disallow all is a four-part shap-out set which in­ domestic insured and c.o.d. mail claims. cludes two copies of Form 1510-A, In­ PART 156— RURAL SERVICE quiry for the Loss or Rifling of Mail Mat­ § 164.2 Acceptance and preparation of ter, and one copy o f Form 3841, Post O f­ insured mail claims. Custom Built Rural Mailboxes fice Record of Claim. DO NOT COM­ (a) Filed by mailer. (1) The accepting Regulations dealing with approval by PLETE A SEPARATE FORM 1510 or postal employee will complete items 1 the Postal Service of the quality of rural FORM 3841 FOR INSURED OR C.O.D. through 10 on Form 3812. Type or print mailboxes are amended to indicate the CLAIMS. legibly with a ballpoint pen. Press hard. criteria for custom built boxes. Accord­ (2) International claims. Claims for Item 1. Check the appropriate block to in­ ingly, paragraph (a) o f § 156.5 Rural international insured mail are to be han­ dicate type of claim. boxes is amended, effective July 17, 1973, dled in accordance with Parts 17-73 of Item 2. Indicate use of airmail, if ap­ by the addition of subparagraph (6) to this title. p licab le. read as follows: (c) When to file— (1) Loss claims. Item 3. Check the appropriate block to in­ Customers may not file a claim for loss dicate category of the claim. § 156.5 Rural boxes. until 30 days after the date of mailing. Item 4. Indicate special delivery service, if applicable. (а ) * * * (2) Damage claims. Customers may Item 5. Enter city, State and ZIP Code of (б) Custom built rural mailboxes. file damage claims immediately. mailing post office (not necessarily the post Postmasters are authorized to approve (3) Insurance (including C.O.D.) office where the claim is being filed). If the rural mailboxes constructed by individ­ claims. Indemnity claims must be filed package was mailed at a station or branch, uals who for esthetic or other reasons within one year from the date the article use the appropriate ZIP Code. do not wish to use an approved manu­ was mailed, unless the claimant can es­ Item 6. Enter the date the package was factured box. The custom built box must tablish that the delay was not his fault. m ailed . conform generally to the same require­ In case of doubt, accept the claim and Item 7. Enter the date the claim is being outline the details for postal data center filed . ments as approved manufactured boxes Item 8. Enter city. State and ZIP Code of relative to the flag, size, strength and evaluation. post office of address. quality o f construction. (d) Information required— (1) Evi­ Item 9. Enter amount of postage paid, in­

* * * * * dence of insurance. The customer must cluding special fees such as special delivery submit evidence that the package was or special handling. (39 U.S.C. 401). insured. Acceptable evidence includes Item 10. Enter amount of insurance fee R oger P. C raig, either: paid . Deputy General Counsel. (1) The original insurance receipt is­ (2) Assist the customer in completing J u l y 12, 1973. sued at time of mailing. Business firms items 11 through 14 and items 17 and 18 [PR Doc.73-14526 Filed 7-16-73;8:45 am] may annotate the appropriate - line (s) in o f Form 3812 to the extent possible as their firm mailing book Claim filed on follow s: (date), and submit a photocopy with the Items 11 and 12. Names and addresses of PART 164— INDEMNITY CLAIMS claim form. mailer and addressee. The maUer should in­ (ii) The wrapper, if it has the name dicate the payee by checking the payee block previously designated “Payment for and address of both the mailer and the Losses,” are now designated as “ Indem­ in either item 11 or 12. If payee is a third addressee and the appropriate insurance party, do not check either block; complete nity Claims.” The regulations have been endorsement. the customer portion of the identification rewritten to implement procedures to ex­ (2) Evidence of valve. The customer Slip to indicate payee. pedite the processing of insured mail (in­ (including Government agencies which Item 13. Describe the articles lost or dam­ cluding c.o.d.) indemnity claims. aged; indicate the purchase price, the ap­ have insured official mail) must submit proximate year of purchase, whether the arti­ Publication of the revisions in the F ed ­ evidence of value for claims o f $50 or cle was new or used, or the price of ma­ eral R egister is effective immediately. more. The Postal Service will not under­ terials used and labor, if handmade. Describe Sec. take to obtain estimates of value. Accept­ the items in sufficient detail for the postal 164.1 Generai instructions on filing an in­ able evidence may include any one of data center to determine that the value sured (including c.o.d.) mail claim. the following: claimed is not excessive. Attach a supple­ 164.2 Acceptance and preparation of insured (i) Sales receipt. mentary sheet of paper to the claim form if mail claims. (ii) Invoice. necessary. 164.3 Disposition of the damaged article. Item 14. Enter the total amount claimed 164.4 Disposition of the claim. (iii) Completion of item 13 of the claim excluding postage. 164.5 Additional post office responsibilities form as to purchase price of the article, Item 15. Leave blank. (insured mail claim s). approximate year of purchase, indication Item 16. Leave blank.

FEDERAL REGISTER, V O L 38, NO. 136— TUESDAY, JULY 17f 1973 No. 136—Pt. I- 19042 RULES AND REGULATIONS

Item, 17. Complete if package was commer­ Item 7. Enter the date the claim is being Other Identification (at option of customer). cially insured. Include policy number, name filed . Name and Address of Payee. and address of insurance company and Item 8. Enter city, State and ZIP Code of amount of deductible, if appropriate. post office of address. (5) Review the claim form before the Item 18. Have the mailer sign and enter bis Item 9. Enter amount of postage paid. addressee leaves the post office to assure telephone number in appropriate block. If Item 10. Enter amount of insurance fee that: the> claim is being filed by a business firm, paid, if possible. (i) The addressee has signed the claim the firm name should be entered in the sig­ form and completed the Postal Insurance nature block and the firm's representative (2) Assist the customer in'completing Claim Identification portion of the form, should sign the block labeled By. the following items o f Form 3812 to the if applicable; and Item 19. Leave blank. extent possible: (ii) All necessary available supporting (3) The accepting postal employee will Item s 11 and 12. Names and addresses of documents ( bill of sale, invoice, repair bill com plete items 20, 21 and 22 (if ap­ mailer and addressee. Check the payee block or estimate of repairs) are attached to plicable) o f Form 3812. in either item 11 or 12 only if the claim is for the back of claim form. repair of a partially damaged article. Item 20. Date stamp and Initial. Item 13. Describe the articles lost or dam­ § 164.3 Disposition of the damaged Item 21. Check the appropriate block to aged; indicate the purchase price, the ap­ article. Indicate evidence of insurance. Endorse the proximate year of purchase, whether the (a) For a totally damaged article that insurance receipt and wrapper Claim Filed, article was new or used, or the price of mate­ date stamp and initial it. Return it to the rials used and labor, if handmade. Describe will have little or no salvage value such customer and instruct him to keep it until the items in sufficient detail for the postal as smashed glassware, allow the customer the claim is settled. data center to determine that the value to retain the article if he so desires, Item 22. Location of the damaged article: claimed is not excessive. Attach a supple­ otherwise destroy it. If the totally dam­ (i) If the mailer has possession of the mentary sheet of paper to the claim form, if aged article will have salvage value re­ damaged article, he must display it to the necessary. tain it for 60 days then forward it to your Item 14. Enter the total amount claimed dead parcel post branch oh the next accepting postal employee to verify ac­ excluding postage. tual damage. Item 15. Complete for loss claims only. weekly dispatch. Use Form 3831 Receipt (ii) If the claim is for partial damage, for Articled) Damaged in Mails. If cus­ Item 16. Complete for c.o.d. claims only. tomer’s claim is denied, article is to be check the appropriate block to indicate Item 17. Complete if package was com­ that the customer will retain possession mercially insured. Include policy number, returned upon request. of the article. name and address of insurance company and (to) For partially damaged articles, re­ amount of deductible, if appropriate. turn the article to the customer. N o t e : Under no circumstances should the accepting postal employee arrange to have Item 18. Leave blank. § 164.4 Disposition of the claim. the article repaired. Item 19. Have the addressee sign and enter his telephone number in appropriate block. (a) The accepting clerk should for­ (iii) If the claim is for total damage, If the claim is being filed by a business firm, ward the partially completed claim form, disposition of the article will be at the the firm name should be entered in the signa­ with the available supporting documen­ option of the Postal Service. If the ture block and the firm’s representative tation attached, to: ' totally damaged article will have little should sign the block labeled “By”. (1) The claims and inquiry section, Or no salvage value, the article may be (3) The accepting postal employee will if one exists, or returned to the customer if he so desires. (2) The employee within the post office If the totally damaged article will have complete items 20, 21 and 22 (if applic­ able) o f Form 3812. who has been designated to handle in­ salvage value, dispose of it in accordance surance claims. with §164.3 of this title. Item 20. Date stamp and initial. ' (b) Final preparation of the claim (4) Enter the following information on Item 21. Check the appropriate block to in­ form at the accepting post office (except lower portion of Form 3812, Postal In ­ dicate evidence of insurance. Endorse the in­ APO/FPO claims and Canal Zone surance Claim Identification. surance receipt and/or wrapper Claim Filed, date stamp and initial it. Return it to the claims—See paragraph (d) of this sec­ Mailer’s Name and Address. customer and instruct him to keep it until tion)—is completed as follows: Addressee’s Name and Address. the claim is settled. (1) Assign a nine-digit number in the Other Identification (at optipn of cus­ Item 22. Location of the damaged article: space provided at the top of Form 3812. to m er) . (i) If the customer has possession of The claim number is composed of the six Name and Address of Payee as Designated digit post office finance number and a b y M ailer. the damaged article, he must display it to three digit sequential number beginning (5) Review the claim form before the the accepting postal employee to verify with 001 and continuing through 999. mailer leaves the post office to assure actual damage. When the total of claims initiated that: (ii) If the claim is for partial damage, reaches 999, begin again with 001. (i) The mailer has designated the check the appropriate block to indicate (2) Forward to block: Check the ap­ payee; signed the claim form; and com­ that the customer will retain possession propriate box to indicate to whom the pleted the postal insurance claim identi­ of the article. claim form will be forwarded. fication portion of the form; and N o t e : Under no circumstances should the (3) Detach and file copy 4 of the claim (ii) All necessary available supporting accepting postal employee arrange to have form set (Form 3841, Post Office Record documents (bill of sale, invoice, repair bill the article repaired. of Claim) alphabetically by mailer’s or estimate of repairs) are attached to (iii) If the claim is for total damage, name. the back of claim form. disposition of the article will be at the op­ (4) Leave copies 2 and 3, Form 1510-A, (b) Filed by addressee attached to the claim form set. (1) The accepting postal employee willtion of the Postal Service. If the totally (5) Select the appropriate form letter complete items 1 through 10 on Form damaged article will have little or no sal­ of instructions and attach it to the front 3812, as appropriate. Type or print legibly vage value, the article may be returned of the claim form set as follows: with a ballpoint pen. Press hard. to the csutomer if he so desires. If the to­ (i) Loss Claim Filed by Mailer, Form Item 1. Check the appropriate block to in­ tally damaged article will have salvage Letter 3861. dicate type of claim. value, dispose of it in accordance with (ii) Damage Claim Filed by Mailer, Item 2. Indicate use of airmail, if applic­ section 164.3. able. Form Letter 3862.-.' Item 3. Check the appropriate block to in­ (4) Enter the following inform ation on (iii) Damage Claim Filed by Addressee, dicate category of the claim. lower portion o f Form 3812, Postal Insur­ Form Letter 3863. Item 4. Indicate special delivery service, if ance Claim Identification, only if the (6) Prepare a pre-addressed, penalty applicable. claim is for repair of a partially damaged reply envelope as follows: Item 5. Enter city: State and ZIP Code of mailing post office, i f know n. article: Postal Data Center Item 6. Enter the date the package was Mailer’s Name and Address. P.O. Box 14677 mailed, if known. ^ Addressee’s Name and Address. St. Louis, Mo. 63180

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19043

Attach the envelope to the claim form (1) Completion of a claim form initi­ (iii) If the second customer does not set. ated at another post office. respond unthin 15 days, send Form Letter (c) Send the claim form set with the If a customer comes into your office 3865 Inquiry on Status of Indemnity appropriate form letter and pre­ with any one of the form letters men­ Claim, to the St. Louis Postal Data Cen­ addressed postal data center envelope tioned in § 164.4(b) (5) and a partially ter and annotate Form 3841. as follows: completed Form 3812, comply with the (3) Depending upon the response from (1) Loss or c.o.d.—to the addressee. following procedures: the postal data center, proceed as (2) Damage claim—t o the second cus­ (1) Bead carefully the form letter follow s: tomer (either mailer or addressee). See which transmitted directions to the G) If the postal data center indicates exceptions in paragraph (c) of th is customer. that the claim has "been received, anno­ section. (ii) Assist the customer in completing tate the Form 3841 appropriately and (3) Exceptional damage claims. his portion o f the Form 3812 in accord­ inform the customer who initiated the (i) If the mailer has possession of the ance with the directions in the form inquiry. damaged article and submits proof that letter. (ii) If the postal data center has no it was received by the addressee in a (iii) Place the completed Form 3812 record of the claim, prepare and process damaged condition, or that it was re­ and all other material which the cus­ a duplicate Form 3812 in accordance with turned from the office of address as un­ tomer has received into the pre­ § 164.5 (c>. deliverable, do not send the claim form addressed postal data center envelope (c) Duplicate claims. (1) The initiat­ to the addressee. Forward it directly to and mail. ing post office will prepare and process a the St. Louis Postal Data Center for (2) Verification of insurance receipt. duplicate claim as follows: certification and payment. When the addressee has filed a damage (1) Use the inform ation on the original (ii) If repairs to a partially damaged claim and the amount of indemnity Form 3841 to complete as much of the article have been paid for by the ad­ claimed exceeds $50, the mailer must pre­ duplicate Form 3812 as possible. Enter dressee, forward the claim directly to the sent his insurance receipt for verifica­ the same claim number that appeared on St. Louis Postal Data Center without the tion at any post office, classified station, the original Form 3812. The signature of statement or signature of the mailer, or branch. Accept the insurance receipt, the customer who initiated the claim and provided you can determine from the the partially completed Form 3812, and the supporting documents are not neces­ insurance endorsement on the wrapper the form letter of instructions from the sary. that the insurance fee paid was suf­ mailer. Comply with the following pro­ (ii) Mark the top o f the Form 3812 ficient to have purchased insurance to cedures: Duplicate. cover the cost of repairs. Otherwise for­ (i) Read carefully the form letter (iii) Annotate the original Form 3841 ward to the mailer for his evidence of which transmitted directions to the cus­ to indicate that a duplicate claim has insurance in accordance with paragraph tomer. been initiated. Do not detach the Form (b) (5) (iii) of this section and para­ (ii) Complete items 9 and 10 on Form 3841 from the duplicate claim form set. graph (c )(2 ) of this section. 3812. (iv) Select the appropriate form letter (d) When preparing and forwarding (iii) Assist the customer in completing of instructions to the customer (see APO/FPO and Canal Zone Claims: his portion o f the Form 3812 in accord­ § 164.4(b) (5)) and attach it to the front (1) Determine whether or not the ance with the directions in the form of the claim form set. mailer is still in an overseas area. Fre­ letter. (v) Prepare a pre-addressed, postage quently APO/FPO and Canal Zone claims (iv) Endorse the insurance receipt paid envelope as follows: can be settled locally without contacting Claim Filed, date stamp and initial it. Postal Data Center the port post office and the claim form Return the receipt to the customer and P.O. Box 14677 set can be forwarded directly to the St. instruct him to keep it until the claim is St. Louis, MO 63180 Louis Postal Data Center. settled. Attach the envelope to the claim form (2) If the claim cannot be settled (v) Date stamp and initial item 24 of set. locally, prepare the claim form set as Form 3812. (vi) Complete Form Letter 3866, Du­ you would for ordinary domestic claims (vi) Place the completed Form 3812 plicate Insurance Claim, and attach it to except do not enter a claim number and and all other material which the the front of the claim form set. do not detach copy 4 (Form 3841). customer has received into the pre­ (vii) Forward the entire package to (3) Select and attach the appropriate addressed postal data center envelope the post office which serves the second form letter and forward as follows: and mail. customer. (i) Overseas Military Mail—to the (b) Follow up on the status of a claim. (2) Upon receipt of a duplicate claim postmaster at the port post office identi­ (1) Provided at least 30 days (75 days for form set, the post office which serves the fied in the mailer’s or addressee’s surface APO/FPO and Canal Zone mail) second customer should read carefully address. have elapsed since the claim was ini­ and comply with the instructions in Form (ii) Canal Zone Mail—to the Post­ tiated, process the customer’s inquiry as Letter 3866. master, New Orleans, LA 70113. follow s: (e) Port post office responsibilities are: (1) Forward Form Letter 3864, Insur­ § 164.6 General instructions for filing (1) Upon receipt of an APO/FPO or ance Claim Follow-up, and a penalty, registered, mail claims. Canal Zone claim initiated by another pre-addressed return envelope direct to (a) Who may file. A claim for loss of post office, take the following action: the second customer involved in the registered mail may be filed only by the (1) Enter your own claim number. claim. mailer. Claims for damage may be filed (ii) Detach and file copy 4 (Form 3841) (ii) Annotate Form 3841 to show the by either the mailer or addressee. of the claim form set. date on which the follow up letter was (b ) How to file— (1) Domestic Claims. (iii) Forward the claim form set on to sent. A customer may file a claim at any post the next contact point. (2) Depending upon the response from office, branch, or station. At a first and the second customer, proceed as follows: second-class post office, branch or sta­ (2) When the claim form set is re­ (i) / / the second customer indicates tion, use Form 565, Application for In­ turned to your office: nonreceipt of the initial Form 3812, pre­ demnity for Registered Mail, to file a (i) Annotate the Form 3841 appropri­ pare and process a duplicate Form 3812 claim. At a third or fourth-class post ately. in accordance with § 164.5(c). office, the postmaster must send a mem­ (ii) Forward the claim form set to the (ii) If the second customer indicates orandum to the local Postal Inspector- St. Louis Postal Data Center for adjudi­ that the claim has been completed and in-Charge. This memorandum must cation and payment. forwarded to the postal data center, identify the nature of the loss, the regis­ § 164.5 Additional Post Office responsi­ annotate the Form 3841 appropriately tration number, the address of both bilities (insured mail claim s). and inform the customer who initiated mailer and addressee, and the date of (a) General Assistance to Customers. the inquiry. mailing.

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19044 RULES AND REGULATIONS (2) International claims. Claims for Item 7. Fill in name and address of the (5) Send the completed claim form International registered mail are to be payee. and the necessary documentation to the handled in accordance with Parts 71-73 Item 8. Enter the amount claimed. local Postal Inspector-in-Charge. Item 9 and 10. Have the mailer date and (b) Office of address. (1) Request the of this title. sign the claim form. (c) When to file— (1) Loss claims. Item 11. Enter the name and ZIP Code of addressee to appear. I f addressee has pos­ Customers may not file a claim until a . the post office where the claim is filed. session of the damaged article, it must Form 1510, Inquiry fo r the Loss or Rifling Item 12-20. Enter the required informa­ be presented for inspection. of Mail Matter, has been processed. tion. Use the mailer’s copy of the registered (2) Complete claim form received from (2) Damage claims. The sender or ad­ mail receipt for this information. Verify this the office of mailing. (See § 164.7(b).) dressee may file claims for damage information against post office record. En­ (3) Enter on Form 3841 the date and dorse post office record Claim Filed, date and disposition of claim. File by the name of immediately. and initial. * (3) Registered indemnity claims. Must Item 22. Enter date the claim is filed or the the mailer. be filed within one year from the date date the Form 1510 was initiated. (4) Forward completed Form 565 and the article was mailed, unless the claim­ Item 23. Have the postmaster or his desig­ documentation to the local Postal In­ ant can establish that the delay was not nated representative sign the form. spector-in-Charge. . his fault. In case of doubt, accept the Item 33. Complete for damage claims. (c) Follow up on the status of a claim. claim and outline the details for postal (2) Complete lower portion of the (1) Provided at least 90 days have data center evaluation. form , Registry Claim Identification. elapsed since the claim was initiated, (d) Information required— (1) Evi­ (This information is to be identical to process the customer’s inquiry by send­ dence of registration. The customer must that contained in blocks 4,5 and 7.) ing a memorandum requesting status to submit evidence that the article was (3) Record the claim on Form 3841 in the: registered. Acceptable evidence includes duplicate. Show the amount of indem­ Postal Data Center either: nity claimed. File the original by the P.O. Box 14677 (1) The original registered mail receipt name of the mailer and attach duplicate St. Louis, MO 63180 issued at the time of mailing. copy o f the claim. Do not file with records The memorandum must identify the na­ (ii) The wrapper which must have the of insurance claims. names and addresses of both the mailer ture of loss, registration number, the ad­ (4) Send claim and accompanying dress of both mailer and addressee, the and addressee and the appropriate reg­ Form 1510 (for loss claim s) to the post istered mail endorsement. date of mailing and date the claim was office of address for completion of the filed. (2) Evidence of value. Hie customer claim form. (including Government Agencies which (2) Depending upon the response from have registered Official Mail) must sub­ (b) Filed by the addressee. (1) The ac­ cepting employee will complete items 2 the postal data center proceed as mit evidence of value for registered fo llo w s :. claims. Acceptable evidence includes: thru 6, if practicable and items 24 thru (1) If the postal data center indi­ (1) Sales receipt. 28. Complete from your delivery records. cates that the claim has been received, (ii) Invoice. Item 29. Date signed by addressee. annotate the Form 3841, as appropriate, Oil) Statement of value from a repu­ Item 30. Obtain the necessary Information and inform the customer who initiated table dealer. from the customer. Make answer as complete the inquiry. (iv) Paid repair bills, estimates of re­ as possible. (ii) If the postal data center has no pair costs or appraisals. Item 31. Obtain signature of the addressee record of the claim, they will provide (v) Statement of cost for duplication or ow ner. Item 33. Complete for damage claims. further instructions. iand premium for surety bond when claim (d) Duplicate claims. (1) Duplicate is for loss of securities or certificates of (2) Enter the following information on claims shall not be accepted or submitted stock. the lower portion of Form 565, Registry unless requested by the St. Louis Postal (3) Evidence of loss or damage, (i) Claim Identification: Data Center or the Mail Classification For loss claims, a Form 1510 must have Mailer’s Name and Address Division, Finance Department, at been processed. Addressee’s Name and Address Headquarters. (ii) For damage claims, the article Other Identification (at option of customer) (2) When instructed, the initiating with the packaging must be presented Name and Address of Payee as designated by post office will prepare and process a either by the claimant or at the second m ailer. duplicate claim as follows: post office. (3) Record the claim on Form 3841 in (i) Use the information on the origi­ (e) Assignment of responsibilities. (1) duplicate. Show the amount of indemnity nal Form 3841 to com plete as much of Post offices, stations and branches will claimed. File the original by the name of the duplicate Form 565 as possible. accept and process claims upon presenta­ the mailer and attach duplicate copy to The signature of the customer who initi­ tion of the required information. the claim. Do not file with records of in­ ated the claim and the supporting doc­ (2) The St. Louis Postal Data Center surance claims. uments are not necessary. will adjudicate and pay or disallow all (4) Send claim and accompanying (ii) Mark the top of the Form 565 domestic registered mail claims. Form 1510 (for loss claim s) to the office Duplicate. (iii) Annotate the original Form 3841 § 164.7 Acceptance and Initial prepara­ of mailing for completion of the claim form . to indicate that a duplicate claim has tion of registered mail claims. been initiated. (a) Filed by mailer. (1) The accepting § 164.8 Additional Post Office responsi­ (iv) Process through normal channels. bilities (registered mail claim s). postal employee will complete items 2 § 164.9 Recovery of articles after pay­ through 23 and item 33 on Form 565. (a) Office of mailing. (1) Request the ment, overpayments, erroneous or Type or print legibly with a ball point mailer to appear with the necessary doc­ improper indemnity claim payments, pen. umentation. Do not release the claim or indemnity refunds. Item, 2. Check appropriate block to indicate form to the mailer. (a) Disposition of article. When a lost, the type of claim. (2) Complete claims for damaged reg­ registered, insured, or c.o.d. article is Item 3. Indicate if the article was commer­ istered articles received from the office cially insured. If yes, give the policy number, recovered, the payee may accept the name and address of the insurance company of address. (See § 164.7(a) .) article and reimburse the Postal Serv­ and amount of deductible, if appropriate. (3) Endorse registered mail receipt ice for the full amount paid if the ar­ Item 4. Enter the name, address and ZIP Claim Filed, date and initial. Return the ticle is undamaged, or such amount as Code of the mailer. receipt to the customer and instruct him may be determined equitable by the . Item 5. Enter the name, address and ZIP to keep it until the claim is settled. Postal Service if the article is damaged Code of the addressee. (4) Enter on Form 3841 the date and Item 6. List and describe the lost, missing or has depreciated in value or if the or damaged articles. For damage claims, de­ disposition of claim. File by n&me of the scribe packing in detail. mailer. contents are not intact.

FEDERAL REGISTER. VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19045 (b) Handling reimbursement. I f re­ original and 24 fully conformed copies of inated by the subsequent spore-har­ imbursement is tendered representing each document required or permitted to vesting procedure. an overpayment, erroneous or improper be .filed under this part. The copies need ***** payment, or a voluntary indemnity re­ not be signed but shall show the full Any person who will be adversely af­ fund, accept it and issue a receipt. Send name of the person signing the original fected by the foregoing order may at any all reimbursements to the St. Louis Postal document and the certificate of service time on o r' before August 16, 1973, file Data Center with the applicable certify­ attached thereto. with the Hearing Clerk, Environmental ing office claim number and date of By the Commission. Protection Agency, Room 3902A, 4th & certification. Personal checks, money or­ M Streets, SW., Waterside Mall, Wash­ ders, or other negotiable instruments [ s e a l ] J o s e p h A. F is h e r , Secretary. ington, D.C. 20460, written objections should be made payable to the Postal thereto in quintuplicate. Objections shall Service. If the instrument is made pay­ [FR Doc.73-14527 Filed 7-16-73;8:45 am] show wherein the person filing will be able to the postmaster, he should sign adversely affected by the order and his name and restrictively endorse it Title 4 0 — Protection of Environment specify with particularity the provisions Pay to Postal Service and remit as above. CHAPTER I— ENVIRONMENTAL of the order deemed objectionable and Do not mark an entry in the cashbook. the grounds for the objections. If a hear­ (c) Control over recovery claims. PROTECTION AGENCY SUBCHAPTER E— PESTICIDE PROGRAMS ing is requested, the objections must When an overpayment, erroneous, or state the issues for the hearing. A hear­ improper indemnity claim payment is PART 180— TOLERANCES AND EXEMP­ ing will be granted if the objections are disclosed and repayment is not tendered, TIONS FROM TOLERANCES FOR PESTI­ supported by grounds legally sufficient report it to the Director, St. Louis Postal CIDE CHEMICALS IN OR ON RAW to justify the relief sought. Objections Data Center, by memorandum, to be AGRICULTURAL COMMODITIES may be accompanied by a memorandum placed under accounts receivable control. Subpart D— Exemptions From Tolerances or brief in support thereof. R o g e r C r a ig , P. V ia b l e S p o r e s o f M icroorganism Bacillus Effective date. This order shall become Deputy General Counsel. Thuringiensis B e r l in e r ; S pecification effective on July 17,1973. [FR Doc.73-14568 Filed 7-16-73;8:45 am] A notice was published by the Environ­ (Sec. 408(e), 68 Stat. 514; 21 U.S.C. 346(e)) mental Protection Agency in the F ed er a l Dated: July 11,1973. R e g is t e r o f April 30, 1973 (38 FR 10643), CHAPTER HI— POSTAL RATE proposing that bacteriological and toxi­ H e n r y J . K o r p , COMMISSION cological specifications set forth in § 180.- Deputy Assistant Administrator [O rder 36] 1011 be amended to include a toxicity for Pesticide Programs. PART 3001— RULES OF PRACTICE AND test to determine the presence of /3-exo- [FR Doc.73—14587 Filed 7-16-73;8:45 am] PROCEDURE toxin to insure that B. thuringiensis products are free of this toxin. Form and Number of Copies of Documents Title 41— Public Contracts and Property One comment was received from Ab­ Management J u l y 12,1973. bott Laboratories in favor of the pro­ The Commission’s rules of practice posal, noting that prior to the 1970’s, CHAPTER 51— COMMITTEE FOR PUR­ currently require persons filing docu­ U.S. manufacturers of Bacillus thurin­ CHASE OF PRODUCTS AND SERVICES OF THE BLIND AND OTHER SEVERELY ments to provide an original and 14 fully giensis products used strains that did HANDICAPPED conformed copies to the Secretary (PRC produce /3-exotoxin and that such prod­ rules of practice 10(c)). Our experience ucts did contain /3-exotoxin. No requests Correction demonstrates that the filing of fourteen for referrals to an advisory committee In FR Doc. 73-12216 appearing at page copies has proved to be insufficient to were received. 16316 in the issue o f Thursday, June 21, meet the needs of the Commission and its It is concluded that the proposal should 1973, the words “ Proposed Rules” which staff. Indeed, in the first postal rate pro­ be adopted. appear at the top of each page should ceeding and the pending mail case, the Therefore, pursuant to provisions of read “Rules and Regulations”. Chief Administrative Law Judge presid­ the Federal Food, Drug, and Cosmetic ing at those proceedings found it nec­ Act (sec. 408(e), 68 Stat. 514; 21 U.S.C. Title 43— Public Lands: Interior essary to order a greater number of 346a (el), the authority transferred to copies to be filed (Postal Rate and Pee the Administrator of the Environmental SUBTITLE A-— OFFICE OF THE SECRETARY Increases, Tr. 4/508; Mail Classification Protection Agency (35 FR 15623), and OF THE INTERIOR Schedule, Tr. 1/135-36) . The Commis­ the authority delegated by the Adminis­ PART 18— RECREATION FEES sion Staff’s need for 25 copies derives trator to the Deputy Assistant Adminis­ Golden Eagle Program from two factors; (1) The size and com­ trator for Pesticide Programs (36 FR plexity of rate increase and mail classi­ 9038), § 180.1011(a) is amended by add­ Correction fication proposals submitted by the ing a new subparagraph (4), as follows: In FR Doc. 73-11266 appearing at page Postal Service and (2) each case is essen­ 14829 in the issue o f Wednesday, June 6, tially a prototype regulatory proceeding. § 180.1011 Viable spores of the micro­ organism Bacillus thuringiensis Ber­ 1973, the section heading now designated Accordingly, section 10 of the rules of liner; exemption from the require­ “ § 18.7 Validation and display of en­ practice is hereby amended to require the ment of a tolerance. trance permits”, should read “ § 18.7 Fees filing of 25 copies1 as follows; (a) * * * for single-visit permits.” § 3001.10 Form and number of copies (4) Spore preparations shall be free of documents. of the Bacillus thuringiensis /3-exotoxin Title 45— Public Welfare ***** when tested with the fly larvae toxicity CHAPTER VII— COMMISSION ON CIVIL (c) Number of copies. Except for cor­test (“Microbial Control of Insects and RIGHTS Mites,” R.P.M. Bond et al., p. 280 ff„ respondence or as otherwise required by PART 703— OPERATIONS AND FUNC­ the Commission, the Secretary, or the 1971). This specification can be satisfied either by determining that each master TIONS OF STATE ADVISORY COMMITTEES presiding officer in any proceeding, all seed lot brought into production is a Officers persons shall file with the Secretary, an Bacillus thuringiensis strain which does Chapter VII of Title 45 of the Code not produce /3-exotoxin under standard is amended by revising § 703.5(a) to read 1 In appropriate cases, the requirement manufacturing conditions or by periodi­ for filing 25 copies could be modified, pur­ cally determining that /3-exotoxin syn­ as set forth below. This amendment in­ suant to Rule 22. thesized during spore production is ellm- creases the minimum membership of the

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19046 RULES AND REGULATIONS

Commission’s state advisory committees It is ordered, That § 1048.8 as pre­ Special P eeeze G roup Questions and from 5 to 11. scribed in this proceeding on August 28, A nsw ers No. 18 § 703.5 Officers* 1970 (49 CFR 1048.8), be, and it is hereby, 1. Q. Are court costs covered by the freeze? vacated and set aside, and the revision A. Yes. Court costs are considered fees or (a) Membership. Subject to exceptionsset forth in the findings in the attached charges which state or local governments made from time to time by the Com­ report is hereby substituted in lieu charge for services provided by them and may mission to fit special circumstances, the thereof. (49 Stat. 543, as amended 544, not be increased during the freeze. See Q & a State committee shall consist of at least as amended 546, as amended, 49 U.S.C. N o. 8, question 5. 11 members appointed by the Commis­ 302, 303, and 304.) 2. Q. During the freeze may a dentist pass sion. Members of the State committee It is further ordered, That this order on the increased cost of gold used in fillings? shall serve for a fixed term to be set by shall become effective on August 1, 1973, A. No. Under no circumstances may a den­ the Commission upon the appointment and shall continue in effect until further tist pass on increased costs of gold during of a member, subject to the duration of the freeze period. Gold is subject to the freeze order of the Commission. price rules. Therefore, the price of domestic advisory commitees as prescribed by the And it is further ordered, That notice gold may not increase. Furthermore, a dentist charter: Provided, That members of the of this order shall be given to the general who purchases imported gold is considered to State committee may, at any time, be public by depositing a copy thereof in physically transform the gold when he uses removed by the Commission.. the office of the secretary of the Com­ it to make fillings. Consequently, any in* ***** mission by filing a copy thereof with the creases in the cost of imported gold may not Director, Office of the Federal Register. be passed on. Effective date. This amendment shall 3. Q. A law firm rents a suite of offices and become effective on July 17, 1973. By the Commission, Review Board five parking spaces in a commercial building. S t e p h e n H o r n , Number 2. The landlord intends to increase the amount Vice Chairman. he charges for the use of the parking spaces. [ s e a l ] J o s e p h M . H a r r in g t o n , Is an increase in the amount charged for the [PR Doc.73-14498 Filed 7-16-73; 8:45 am] Acting Secretary. use of a parking space subject to the freeze? [PR Doc.73-14559 Piled 7-16-73;8:45 am] A. Generally the rental of a parking space Title 49— Transportation is a sale of a service and is subject to the freeze. Thus, in instances where the rent of CHAPTER X— INTERSTATE COMMERCE Title 6— Economic Stabilization the parking space is determined separately COMMISSION CHAPTER I— COST OF LIVING COUNCIL from the rent for the commercial or residen­ SUBCHAPTER A— GENERAL RULES AND tial property, the amount charged for the REGULATIONS PART 140— COST OF LIVING COUNCIL parking space is subject to the freeze. The FREEZE REGULATIONS [No. MO-C—258 (Sub-No. 3) ] separate determination may be made either Special Freeze Group Questions and by a distinct agreement or by a separate com­ PART 1048— COMMERCIAL ZONES putation which is part of the lease for the Answers No. 18 commercial or residential property. However, Kansas City, Mo.-Kansas City, Kans., These “Questions and Answers”, when the parking space is rented as part of a Commercial Zone which are issued by the Cost of Living residence or in conjunction with the rental Council's Freeze Group, are designed to of commercial space, it is exempt from the Order. At a session of the Interstate freeze as the rental of real property if the Commerce Commission, Review Board provide immediate guidance in under­ rent for the parking space is not determined Number 2, held at its office in Washing­ standing and applying the new freeze separately from that for the commercial or ton, D.C., on the 1st day of June 1973. regulations (Part 146 o f Title 6 o f the residential space. It appearing, that on August 28, 1970, Code of Federal Regulations). To achieve 4. Q. An oil company owns gas stations Review Board Number 3 entered its re­ the broadest publication, these are here­ and leases them to retail dealers. The his­ port and order, 112 M.C.C. 103, in this by added to Appendix A o f Part 140. torical practice has been to charge the dealers proceeding specifically defining the zone Since they provide guidance of general sent on the basis of the numbers of gallons adjacent to and commercially a part of applicability and are subject to clarifi­ of gasoline pumped by the dealer (e.g., 1.5$ cation, revision or revocation, they do per gallon times number of gallons pumped Kansas City, Mo.-Kansas City, Kans.; equals the rent). May the oil companies raise It further appearing, that by joint pe­ not constitute legal rulings with respect the rent of the station to 2$ per gallon? tition filed March 5, 1973, the Blue to specific fact situations. A. Yes. Rentals of real property are not Springs Chamber of Commerce and Blue (Economic Stabilization Act of 1970, as subject to the freeze. Springs Industry, Inc., seek redefinition amended, Pub. L. 92-210, 85 Stat. 743; Pub. 5. Q. Company A acquires Company B and and extension in certain respects of the L. 93-28, 87 Stat. 27; E.O. 11723, 38 PR 15765; Company B becomes a division of Company Kansas City, Mo.-Kansas City, Kans., Cost of Living Council Order No. 30, 38 PR A. The two companies had different prices for commercial zone limits; 16267) their products. What prices may be charged And it further appearing, that investi­ Issued in Washington, D.C., on July 14, after the acquisition? gation of the matters and things involved 1973. - A. The price ceilings in force at the time in said petition having been made, and J a m e s W . M cL a n e , of acquisition do not change. The ceilings said board having made and filed a report Director, that were applicable to the products of Com­ herein containing its findings of fact and Special Freeze Group. pany B continue to apply to sales made from conclusions thereon, which report is Appendix A of Part 140 is amended by that division of the merged Company. hereby made a part hereof; adding the following: [PR Doc.73-14747 Piled 7-16-73; 10:58 am]

FEDERAL REGISTER, V O L 38, NO . 136— TUESDAY, JULY 17, 1973 19047

______Proposed Rules______

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

DEPARTMENT OF AGRICULTURE (b) That there be fixed, at five and Administrative Board, during the 1973- one-half cents ($0.055) per standard 74 fiscal period, May 1, 1973 through Agricultural Marketing Service package or equivalent quantity of Tokay April 30, 1974, will amount to $107,200. [ 7 CFR Part 917 ] grapes, the rate of assessment payable (2) The rate of assessment for such FRESH PEARS, PLUMS, AND PEACHES by each handler in accordance with period, payable by each first handler in GROWN IN CALIFORNIA § 926.46 of the aforesaid marketing accordance with § 930.41 to be fixed at agreement and order. $1.00 per ton o f cherries. Notice of Proposed Rule Making; (c) Terms used in the marketing (3) Unexpended assessment funds in Correction agreement and this part shall, when used excess of expenses incurred during the In the notice of proposed rulemaking herein have the same meaning as is given fiscal period ended April 30, 1973, shall relative to the continuance of Pear Reg­ to the respective term in said marketing be carried over as a reserve in accordance ulation 3 (§ 917.432; 38 FR 17182) the agreement and this part. with § 930.42(a) of said marketing order. final date for the submission of data, All persons who desire to submit writ­ Terms used in the order shall, when views, or arguments pertaining to such ten data, views, or arguments in connec­ used herein, have the same meaning as action was omitted. Therefore, the fol­ tion with the aforesaid proposals should is given to the respective term in said lowing is added to said notice which file the same, in quadruplicate, with the order and “ton of cherries” shall mean appeared in the July 11, 1973 F e d er a l Hearing Clerk, United States Depart­ 2,000 pounds of raw cherries. R e g iste r (38 FR 18469) : ment of Agriculture, Room 112, Admin­ All persons who desire to submit writ­ All persons who desire to submit writ­ istration Building, Washington, D.C. ten data, views, or arguments in connec­ ten data, views, or arguments for con­ 20250, not later than July 27, 1973. All tion with the aforesaid proposals should sideration in connection with the pro­ written submissions made pursuant to file the same, in quadruplicate, with the posed amendment shall file the same, in this notice will be made available for Hearing Clerk, United States Department quadruplicate, with the Hearing Clerk, public inspection at the office of the of Agriculture, Room 112, Administration United States Department o f Agricul­ Hearing Clerk during regular business Building, Washington, D.C. 20250, not ture, Room 112, Administration Building, hours (7 CFR 1.27(b)). later than July 29, 1973. All written sub­ Washington, D.C. 20250, not later than Dated July 12,1973. missions made pursuant to this notice July 23, 1973. All written submissions will be made available for public inspec­ made pursuant to this notice will be C h a r l e s R . B r ader, tion at the office of the Hearing Clerk made available for public inspection at Acting Deputy Director, Fruit during regular business hours (7 CFR the office of the Hearing Clerk during and Vegetable Division, Agri­ 1 .2 7 (b )). cultural Marketing Service. regular business hours (7 CFR 1.27(b)). Dated:. July 12,1973. [FR Doc.73-14578 Filed 7-16-73:8:45 am] Dated: July 12,1973. C h a r l e s R . B r ader , C h a r l e s R. B r ader, Acting Deputy Director, Fruit Acting Deputy Director, Fruit [ 7 CFR Part 930 ] and Vegetable Division, Agri­ and Vegetable Division, Agri­ CHERRIES GROWN IN CERTAIN STATES cultural Marketing Service. - cultural Marketing Service. Notice of Proposed Rulemaking Regarding [FR Doc.73-14579 Filed 7-16-73;8:45 am] [FR Doc.73-14577 Filed 7-16-73;8:45 am] Approval of Expenses and Fixing of Rate of Assessment for 1973-74 Fiscal Period [ 7 CFR Part 948 ] and Carryover of Unexpended Funds [ 7 CFR Part 9 2 6 ] IRISH POTATOES GROWN IN COLORADO TOKAY GRAPES GROWN IN SAN JOAQUIN This notice invites written comments IN AREA NO. 2 COUNTY, CALIF. relative to proposed expenses of $107,200 for administration of the marketing Proposed Expenses and Rate of Notice of Proposed Rule Making Regarding order activities for the 1973-74 fiscal pe­ Assessment Approval of Expenses and Fixing of Rate riod. It also proposes a $1.00 per ton as­ Consideration is being given to the of Assessment for 1973—74 Fiscal sessment rate to be paid by each handler approval of the expenses and rate of as­ Period as his pro rata share in support of the sessment, hereinafter set forth, which Consideration is being given to the fol­ marketing program. Both amounts were were recommended by the Area Com­ lowing proposals submitted by the Indus­ recommended unanimously by the Cherry mittee for Area No. 2 established pur­ try Committee, established under the Administrative Board. suant to Marketing Agreement No. 97 marketing agreement, as amended, and Consideration is being given to the fol­ and Order No. 948, both as amended (7 Order No. 926, as amended (7 CFR Part lowing proposals submitted by the Cherry CFR Part 948). 926) , regulating the handling o f Tokay Administrative Board, establish under This marketing order program regu­ grapes grown in San Joaquin County, Order No. 930 (7 CFR Part 930), regulat­ lates the handling of Irish potatoes California, effective under the applicable ing the handling of cherries grown in grown in the State of Colorado and is provisions of the Agricultural Marketing Michigan, New York, Wisconsin, Penn­ effective under the Agricultural Mar­ Agreement Act of 1937, as amended (7 sylvania, Ohio, Virginia, West Virginia, keting Agreement Act o f 1937, as U.S.C. 601-674), as the agency to ad­ and Maryland, effective under the appli­ amended (7 U.S.C. 601 et seq.). minister the terms and provisions there­ cable provisions of the Agricultural Mar­ All persons who desire to submit writ­ of: keting Agreement Act of 1937, as ten data, views, or arguments in con­ (a) That expenses which are reason­ amended (7 U.S.C. 601-674), as the nection with these proposals may file the able and likely to be incurred by the agency to administer the terms and pro­ same, in quadruplicate, with the Hearing Industry Committee, during the period visions thereof. Clerk, Room 112-A, United States De­ April 1, 1973, through March 31, 1974, (1) That expenses that are reasonable partment of Agriculture, Washington, will amount to $55,215. and likely to be incurred by the Cherry D.C. 20250, before August 6, 1973. All

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19048 PROPOSED RULES written submissions made pursuant to Interested persons are invited to par- cigarettes, cigars, and pipes by persons this notice will be made available for ticipiate in the making of the proposed in the passenger compartments of air­ public inspection at the office of the rule by submitting such written data, craft operated by air carriers, air travel Hearing Clerk during regular business views, or comments as they may desire.

FEDERAL REGISTER, VOL. 38, NO. T36— TUESDAY, JULY 17, 1973 PROPOSED RULES 19049 mended that the FAA restrict smoking isting in the United States). The report Issued in Washington, D.C., on July 9, in aircraft, generally basing their recom­ observed that these low concentrations of 1973. mendations on the view that since smok­ tobacco smoke contaminants “result from J a m e s F . R u d o l p h , ing has been clearly shown to be injuri­ the rapid exchange of air aboard the Director, ous to the health of smokers, exposure aircraft (the equivalent of one complete Flight Standards Service. to tobacco smoke is probably injurious air change each 3-4 minutes) and the to the health of nonsmokers. However, a relative pollution-free air entering the [FR Doc.73-14504 Filed 7-16-73;8:45 am] number of those commentators conceded aircraft at cruising altitudes of the test that as yet there is no conclusive medi­ flights.” Oh the basis of the low levels DEPARTMENT OF cal evidence to support their contention. of contaminants measured, the report TRANSPORTATION The medical evidence submitted by concluded that “inhalation of the by­ products from tobacco smoke generated National Highway Traffic Safety petitioners and by commentators on the Administration notice rests primarily on experiments as a result of passenger smoking aboard conducted in either unventilated or commercial aircraft does not represent a [ 49 CFR Part 571 ] poorly ventilated enclosures, or on sur­ significant health hazard to nonsmoking [Docket No. 69-7, Notice 28; Docket No. 2-6, vey studies which did not identify the passengers”. N otice 7] A significant number of persons among tobacco smoke concentrations that were OCCUPANT CRASH PROTECTION involved. The FAA sees no positive cor­ the commentators to the notice and the relation between the environmental con­ passengers abroad the test flights of the Postponement of Effective Date FAA/HEW study complained of adverse ditions that apparently^ prevailed dur­ This notice proposes the postpone­ ing these experiments and those that physical reactions (beyond mere annoy­ ance) from exposure to tobacco. How­ ment of the effective date of the require­ actually prevail on modem transport air­ ments of Standards Nos. 208, Occupant craft in which the air in the passenger ever, the problem created by smoking on passenger-carrying aircraft for persons Crash Protection, and 216, Roof Crush compartment is replaced approximately Resistance, applicable to the upcoming every three minutes during flight. Fur­ suffering from allergies or from diseases which may be aggravated by the possible model year, from August 15, 1973, to thermore, the ventilation systems of to­ September 1, 1973, in response to a peti­ day’s transport aircraft are unique in irritating effect of tobacco smoke is no greater than that which they must face tion by Chrysler Corporation. that fresh air enters the passenger cabin Standard No. 208, 49 CFR 571.208, Oc­ through numerous openings in the ceil­ in places open to the public such as res­ taurants and stores. cupant Crash Protection, contains re­ ing and is vented out directly through quirements for vehicle occupant restraint the walls and floors of the cabin. Un­ A number of commentators referred to the Surgeon General’s 1972 report en­ systems in several time phases. These re­ like the ordinary ventilation system that quirements were last amended on June creates a flow of air throughout the en­ titled “The Health Consequences of Smoking.” However, that report did not 20, 1973, 38 FR 16072 (Docket No. 69-7, tire room, air entering the passenger Notice 27). The next phase of require­ cabin through a ceiling opening takes contain evidence of any hazard to the health of nonsmokers from tobacco ments, which includes an option requir­ the most direct route to the floor and smoke generated in a well-ventilated en­ ing starter interlocks, is to begin on Au­ walls. vironment. In fact, the Surgeon General gust 15,1973, as the rule presently stands. A number of commentators suggested stated publicly that he could not say with Standard No. 216, R oof Crush Resistance, that in view of the lack of medical evi­ certainty that exposure to tobacco smoke is also presently scheduled to go into ef­ dence as to the effects of smoking on is causing serious illness in nonsmokers fect on that date. nonsmokers in a well ventilated environ­ since the long term research necessary Chrysler Corporation has petitioned ment similar to today’s modem transport for such a finding has not yet been done. for a 17-day postponement of the Au­ aircraft, a decision on whether to fur­ By reason of the foregoing, the FAA gust 15 effective date with respect to both ther regulate passenger smoking should has determined the further rule-making standards, to September 1, 1973, Chrys­ await the outcome of the joint FAA/ action with respect to the smoking of ler states that factors beyond its con­ HEW study mentioned in the notice. cigarettes, cigars, and pipes by persons trol have threatened to delay the build­ That study was conducted during 1970 in passenger compartments of aircraft out of their 1973 models beyond the Au­ and 1971, and a report entitled “ Health operated by air carriers, air travel clubs, gust 15 date. These factors are said to Aspects of Smoking in Transport Air­ and commercial operators would not be include “slow delivery and shortages of craft,” was issued in December 1971. appropriate at this time, and that Notice parts from suppliers, unscheduled plant Cabin air measurements were made dur­ 70-14 should be withdrawn. The with­ shutdowns due to excessively warm ing 20 long-range flights in B-707, DC-8, drawal of this notice, however, does not weather and unauthorized labor disputes, and B-747 aircraft, and during 8 short- preclude thè F A A from issuing sim ilar short supplies of gasoline for plants due range flights in B-727, R-737, DC-9, and notices in the future or commit the FAA to the energy shortage and new Canadian BAC-111 aircraft. Seat occupancy was to any course of action. import restrictions, supplier labor dis­ 100 percent on the long-range flights and It should be noted that the Civil Aero­ putes, and several other equally uncon­ averaged 60 percent on the short-range nautics Boai*d has recently amended its trollable factors.” Chrysler said that in­ flights. About 50 percent of the passen­ regulation (14 CFR Part 252; 38 FR ability to complete the 1973 model rim gers smoked during the long-range 12207), to require domestic airlines to before the changeover date required by flights; 32 percent during the short- provide designated “no-smoking” areas the standard would result in “economic range flights. Four air-sampling loca­ aboard their aircraft. The Board justified loss to Chrysler workers, suppliers, and tions (distributed along the length of its action on the grounds that exposure to Chrysler Corporation and its stock­ the cabin) were used on the long-range to tobacco smoke in airline aircraft holders”. Chrysler also notes that sev­ flights; three on the short-range flights. annoys and discomforts nonsmoking pas­ eral other new standards or amendments The results of that environmental sam­ sengers to an unacceptable degree. go into effect on September 1, 1973 (No. pling revealed very low levels of each In consideration of the foregoing, the 124, Accelerator Control Systems, No. 217, contaminant measured, much lower than advance notice of proposed rulemaking Bus Window Retention and Release, No. those recommended in occupational and published in the F e d er a l R e g is t e r on 101, Control Location, etc., and No. 215, environmental air quality standards March 25, 1970 (35 FR 5045) and circu­ Exterior Protection). (Threshold Limit Values of Airborne lated as Notice 70-14, entitled “Smoking The NHTSA recognizes that the Au­ Contaminants, adopted by the American on Aircraft Operated by Air Carriers, Air gust 15 date was chosen as approximately Conference of Governmental Industrial Travel Clubs, and Commercial Opera­ the end of the normal changeover period Hygienists, 1971; Ambient Air Quality tors,” is hereby withdrawn. for much of the industry, and did not Standards of the Environmental Protec­ (Sec. 313(a), 601, Federal Aviation Act of originally intend to restrict these change­ tion Agency, March, 1970; and the stand­ 1958; 49 U.S.C. 1354(a), 1421; sec. 6(c), De­ over practices. Except for allowing a ard for ammonia adopted in Ontario, partment of Transportation Act; 49 U.S.C. slightly delayed build-out of the current Canada—no standard for ammonia ex­ 1 6 5 5 (c )) year’s production, this agency is unaware

FEDERAL REGISTER, V O L 38, NO . 136— TUESDAY, JULY 17, 1973 No. 136—Pt. I ------7 19050 PROPOSED RULES of any substantial effect of the requested portation in accordance with section 232 Though the exact costs of this program delay in the effective dates in question. of the Act. cannot be estimated accurately, since In light of the foregoing, it is proposed Section 231 also directs the Adminis­ the technology is still undergoing de­ that Standard No. 208, Occupant Crash trator to conduct a study of the extent velopment, it is expected to fall between Protection, 49 CFR 571.208, be amended to-which aircraft emissions affect air 1 and 5 percent of the cost of complete by changing the date o f August 14, 1973, quality in air quality control regions new engines. (The cost o f the engine appearing in S4.1.1 to August 31, 1973, throughout the United States, and the makes up only a small fraction of the and by changing the date of August 15, technological feasibility of controlling total cost o f an Airline tick et). The 1973, appearing in S4.1.2 to September 1, such emissions. The report of such a standards contained in this notice are 1973. It is further proposed that the study, “Aircraft Emissions: Impact on being proposed after consultation with effective date of Standard No. 216, 49 Air Quality and Feasibility of Control,” the Secretary of Transportation in order CFR 571.216, be changed from August 15, was published on December 12,1972, and to assure appropriate consideration of 1973, to September 1, 1973. copies are available upon request free of aircraft safety. However, the Department Interested persons are invited to sub­ charge from the Office of Public Affairs, of Transportation has advised that it is mit comments on the proposal. Com­ Environmental Protection Agency, impossible to make conclusive judgments ments should refer to the docket number W ashington, D.C. 20460. as to the effects of an emission stand­ and be submitted to: Docket Section, Final standards, which are being pub­ ard on aircraft safety until engines de­ National Highway Traffic Safety Admin­ lished in the F e d e r a l R e g is t e r concur­ signed to meet that standard have been istration, Room 5221, 400 Seventh Street, rently with this notice of proposed rule developed, constructed, and tested. SW., Washington, D.C. 20590. It is re­ making, have specified limits on emis­ Therefore, there will be continuing con­ quested but not required that 10 copies sions from a variety of new and in-use sultation on this issue between this be submitted. aircraft engines. These standards were Agency and that Department, both prior All comments received before the close derived following extensive analysis of to and after promulgation of the stand­ of business on the comment closing date the comments submitted in response to ards. Should the Secretary of Trans­ indicated below will be considered, and the December 12, 1972 proposal. One portation determine at any point that an will be available for examination in the change from the proposal was to adjust emission standard cannot be met within docket at the above address both before the emissions limits required for newly the specified time without creating a and after that date. To the extent pos­ manufactured engines in 1979 upwards sible, comments filed after the closing safety hazard, appropriate modifications to levels which match the goals of re­ will be made to that standard or its ef­ date will also be considered by the Ad­ search projects presently planned and in fective date. ministration. However, the rulemaking progress within the National Aeronautics action may proceed at any time after 40 CFR Part 87 as modified by this and Space Administration and the amendment would be applicable to in- that date, and comments received after United States Air Force. It can be con­ the closing date and too late for consid­ use aircraft gas turbine engines of Class cluded that these levels, though some­ T2 and o f rated power o f 29,000 pounds eration in regard to the action will be what less stringent than those first pro­ treated as suggestions for future rule- of thrust or greater beginning January 1, posed by EPA, have the advantage of 1983. making. The Administration will con­ being achievable by design approaches tinue to file relevant material, as it be­ which do not significantly increase the Interested persons may submit written comes available in the docket after the space requirements of the combustor data, views, or arguments (in quadrupli­ closing date, and it is recommended that sections of existing engines. In fact some cate) in regard to the proposed regula­ interested persons continue to examine of this research is being carried on tions to the Administrator, Environ­ the docket for new material. through contracts with two of the major mental Protection Agency, Attention: Comment closing date: August 5,1973. manufacturers of aircraft gas turbine Mobile Source Air Pollution Control Pro­ Proposed effective date: Date of pub­ engines, and the contractural require­ gram, Office of Air and Water Programs, lication of the amendment. ments include demonstration testing in Washington, D.C. 20460. All relevant ma­ full scale test rigs based on current en­ terial received on or before Sept. 17,1973, (Secs. 108, 119, Pub. L. 89-563, 80 Stat. 718, will be considered. 15 U.S.C. 1392, 1407; delegation of authority gine types produced by these manufac­ at 38 FR 12147). turers. Comments submitted shall be available Therefore, it appears entirely feasible for public inspection during normal busi­ Issued on July 13,1973. to apply this developing pool of technol­ ness hours at the Office of Public Af­ J a m e s E . W i l s o n , ogy to retrofit of existing aircraft gas fairs, Environmental Protection Agency, Associate Administrator, turbine engines, following the introduc­ Fourth and M Streets, SW., Washington, Traffic Safety Programs. tion of the revised standards applicable D.C. 20460. [FR Doc.73-14725 Piled 7-16-73;9:55 am] to newly manufactured engines in 1979. This notice of proposed rule making is The technology necessary to meet issued under the authority of Section 231 these standards is still in an early devel­ of the Clean Air Act, as amended (42 ENVIRONMENTAL PROTECTION U.S.C. 1857f-9). AGENCY opment stage. EPA intends to monitor closely the development of this technol­ Date: July 6,1973. [ 40 CFR Part 87 ] ogy through the NASA, Air Force, and other related programs and to reassess R o b e r t W. F r i, CONTROL OF AIR POLLUTION FROM Acting Administrator. AIRCRAFT AND AIRCRAFT ENGINES by January 1, 1976 the standards finally promulgated. This reassessment may re­ Subpart D of Part 87 of Title 40 of the Proposed Emission Standards for In-Use sult in additional rulemaking action to Code of Federal Regulations is proposed Aircraft After January 1,1983 ensure that the best technology then to be amended as follows : Section 231 of the Clean Air Act, as available can be reflected in the stand­ ards. Subpart D— Exhaust Emissions (In-Use amended by Public Law 91-604, directs Aircraft Gas Turbine Engines) the Administrator of the Environmental Through the proposed retrofit pro­ Protection Agency to “establish stand­ gram, the nation will benefit from the re­ § 87.31 Standards for exhaust emissions. ards applicable to emissions of any air ductions in emissions from large com­ ***** pollutant from any class or classes of mercial aircraft on the earliest schedule (d) Exhaust emissions from each in- aircraft or aircraft engines which in his that is both technically and econom­ use aircraft gas turbine engine of Class judgment cause or contribute to or are ically practicable. This will contribute to likely to cause or contribute to air pollu­ the maintenance of acceptable ambient T2 and of rated power of 29,000 pounds tion which endangers the public health or air quality levels in and around major air of thrust or greater, beginning January welfare.” Regulations ensuring compli­ terminals along with the other measures 1, 1983, shall not exceed: ance with these standards are required being promulgated concurrently with (1) Hydrocarbons—0.8 pound/1,000 pound- to be issued by the Secretary of Trans­ this proposal. thrust-hours/cycle

FEDERAL REGISTER, VOL. 38, NO. 136— -TUESDAY, JULY 17, 1973 PROPOSED RULES 19051

(2) Carbon monoxide—4.3 pounds/1,000 lending area”. A loan on the security of area, these insured loan exceptions would pound-thrust-hours/cycle jsuch properties located beyond the be unnecessary and would be deleted. (3) Oxides of nitrogen—3 pounds/1,000 association’s regular lending area is Section 545.6-7 (c) (2) (iii) provides pound-thrust-hours/cycle subject to the “general” 20-percent-of- that otherwise .qualifying loans secured (4) Smoke— Smoke number from Figure i. assets category of § 545.6-7(c) (1). As a by other dwelling units or a combination (e) The standards set forth In para­result, a loan on the security of a single­ of dwelling units, including homes, and graphs (a), (b), (c), and (d) of this family dwelling or on the security of a business property involving only minor section refer to a composite gaseous emis­ home or combination of home and busi­ or incidental business use may not be sion sample representing the operating ness property which is located beyond placed in the special category if, at the cycle set forth in the applicable sections the association’s regular lending area but time the loan is allocated to that cate­ of Subpart G of this part and exhaust within the State in which the associa­ gory, the Federal association’s net worth smoke emissions emitted during opera­ tion’s home office is located must be is less than 5 percent of the average of tions of the engine as specified in the included within the general 20-percent- the association’s savings account bal­ applicable sections of Subpart H of this of-assets category. The Board proposes ances as of the close of the three pre­ part, and measured and calculated in to increase “regular lending area” to in­ ceding calendar years. The Board pro­ accordance with the procedures set forth clude the entire State and the 100-mile poses to amend § 545.6-7 (c) (2) (iii) to in those subparts. radius from the home office whether provide that such loans may be placed [FR Doc.73-14492 Filed 7-16-73;8:45 am] within or without the State, and thereby in the special 20-percent-of-assets cate­ remove loans on the security of such gory if, at the time the loan is allocated properties So located from the general to that category, the lending Federal FEDERAL HOME LOAN BANK BOARD 20-percent-of-assets category. association meets the net worth require­ [ 1 2 CFR Part 545 ] Under paragraph (c) (1) (i) of § 545.6-7 ment set forth in Insurance Regulation [No. 93-921] any loan on the security of other dwell­ 563.13. ing units (defined in § 541.10-3; gener­ Accordingly, the Federal Home Loan FEDERAL SAVINGS* AND LOAN SYSTEM ally multi-family apartment loans) falls Bank Board hereby proposes to amend Real Estate Loan Percentage-of-Assets within the general 20-percent-of-assets said §§ 545.6-6 and 545.6-7 (c) (2) (ill) to /Limitations category without regard to the location read as set forth below. of the security property. However, loans Interested persons are invited to sub­ J u l y 3, 1973*- made on other dwelling units located mit written data, views, and arguments The Federal Home Loan Bank Board within regular lending area also may be to the Office of thé Secretary, Federal considers it advisable to amend §§ 545.6- placed in the “special” 20-percent-of- Home Loan Bank Board, 101 Indiana 6 and 545.6-7 of the rules and regulations assets category of § 545.6-7 (c) (2) assum­ Avenue, NW., W ashington, D.C. 20552, by for the Federal Savings and Loan System ing that the other requirements of that August 15,1973, as to whether these pro­ (12 CFR 545.6-6, 545.6-7) for the pur­ category are met also. Again, a- loan posals should be adopted, rejected, or poses described herein. By a companion made on an apartment building located modified. Written material submitted will document (Document No. 73-922; July 3, beyond regular lending area but within be available for public inspection at the 1973) the. Board proposes collateral the State presently must be included above address unless confidential treat­ amendments to §§ 561.22 and 563.9 o f within the general category and may not ment is requested or the material would the rules and regulations for Insurance be included in the special category. If not be made available to the public or of Accounts (12 CFR 561.22, 563.9). regular lending area included the entire otherwise disclosed under § 505.6 of the Section 5(c) of the Home Owners’ State and the 100-mile radius from the general regulations of the Federal Home Loan Act of 1933 (12 U.S.C. 1464(c)) home office whether within or without Loan Bank Board (12 CFR 505.6). provides that Federal associations “shall the State, then such an apartment loan lend their funds only * * * on the se­ could be included within the special, cate­ § 545.6—6 Lending area. curity of first liens on real property gory. The same result would apply to The regular lending area of a Federal within 100 miles of their home office or the type of security property described as association consists of the area; (a) within the State in which such home of­ “a combination of dwelling units, includ­ Within the State in which such associa­ fice is located * * * .” Pursuant to that ing homes, and business property in­ tion’s home office is located; (b) within language, the Board in § 545.6-6 has con­ volving only minor or incidental business any portion of à circle with a radius of fined the “regular lending area” of a Fed­ use” (defined in § 541.11-1). 100 miles from such association’s home eral association to the area within a ra­ This same result would apply to cer­ office which is outside of the State in dius of 100 miles from such an associa­ tain participation loans. A participation which such association’s home office is tion’s home office both within and with­ interest in a loan on the security of a located; and (c) in the case of a Fed­ out the State in, which such home office single-family dwelling, a home, or com­ eral association which is converted from is located and an additional area within bination of home and business property a State-chartered institution, beyond a radius of 100 miles from each branch located beyond regular lending area but the areas specified in paragraphs (a) or agency of such an association to the within the State must be placed in either and (b) of this section but within which extent that such additional area is also the general category or the “participa­ area such association made loans while within the State in which the associa­ tion” 20-percent-of-assets category in operating under State charter. Each con­ tion’s home office is located. (There is a § 545.6-7 (c) (3). If regular lending area verted association that desires to con­ further provision for additional lending included the entire State and the 100- tinue to make loans beyond the areas area for Federal associations which have mile radius from the home office whether specified in paragraphs (a) and (b) of converted from State-chartered institu­ within or without the State, such par­ this section but in the areas in which tions) . In so prescribing the regular lend­ ticipation loans could be made without it made loans while operating under ing area of Federal associations, the percentage-of-assets limitations. State charter shall file with the Board a Board has not granted the full lending Section 545.6-7 provides an exception map showing the areas within which area available in section 5(c). This from the regular lending area require­ such association made loans while op­ restriction on regular lending area is a ment for insured loans secured by a erating under State charter. For the basis for certain real estate loan percent- single-family dwelling, a home, or com­ purpose of this section, the term “State” age-of-assets restrictions in § 545.6-7. bination of home and business property shall include the District of Columbia, Under paragraph (a) of § 545.6-7 a located more than 100 miles from an the Commonwealth of Puerto Rico, and loan on the security of a single-family office of the Federal association but the possessions of the United States; dwelling, a home or combination of home within the State in which the associa­ and a county, parish, or similar political and business property is not subject to a tion’s home office is located. These ex­ subdivision of a State is the unit of percentage-of-assets limitation if such ceptions appear in § 545.6-7 (a) (1) (i), “area” in which a converted association a loan, among other things, is made on (c) (1) (ii) (b), (c) (1) (iii) (b) and (c) (2) made loans beyond the areas specified the security of any such property located (i). If the Board adopts the proposed in paragraphs (a) and (b) of this sec­ within the Federal association’s “regular amendment increasing regular lending tion while operating under State charter.

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19052 PROPOSED RULES

§ 545.6—7 Percentage limitations on for Federal associations. The Board pro­ treatment is requested or the material real estate loan investments. poses to make a similar expa-nsion of would not be made available to the public * * * * - * “normal lending territory” for all insured or otherwise disclosed under § 505.6 of (c) Percentage limitations for otherinstitutions. Normal lending territory is the general regulations of the Federal loans. Except as specified in paragraphs defined by the Board in Insurance Regu­ Home Loan Bank Board (12 GFR 505.6). lation 561.22 and is the same area as (a) and (b) of this section, no Federal § 561.22 Normal lending territory. association may make any investment regular lending area, except that the in a real estate loan unless the amount 100-mile radius from an insured institu­ (a) Scheduled items not in excess of 4 of such investment can be allocated tion’s principal office, branch office or percent. “Normal lending territory” for within one or more of the 3 percentage- agency office is reduced to 50 miles if the an insured institution which, at the close limitation categories specified in this insured institution has scheduled items of its most recent semiannual period, paragraph. In the case of a loan invest­ (other than assets acquired in a merger had scheduled items (other than assets ment which is specified as allocable to instituted for supervisory reasons) in ex­ acquired in a merger instituted for more than one of the 3 categories, all cess of 4 percent of its specified assets. supervisory reasons) not in excess of or part of any allocation to any one of Normal lending territory is used prin­ 4 percent o f its specified assets means such categories may be reallocated at cipally in § 563.9 (nationwide lending) the territory: (1) Within the State in and § 563.9-1 (participation loans). For which such institution’s principal office any time to another one of such cate­ is located; (2) within any portion of a gories, if applicable. example, an investment by an insured institution in a conventional whole loan circle with a radius of 100 miles from * * * * * secured by improved real estate located such institution’s principal office which (2) Special 20-percent-of-assets cate­beyond normal lending territory but is outside of the State in which such gory. The following investments, not to within the State in which the insured institution’s principal office is located; exceed at any one time an amount equal institution’s principal office is located is and (3) beyond (1) and (2) of this para­ to 20 percent of the association’s assets, a “nationwide loan” and is subject to the graph (a) but within which territory the are allocable to this category: any loan, 15 percent-of-assets limitation of § 563.9 institution was operating on June 27, or participation interest in a loan, on (e). The same is true under § 563.9-1 (b) 1934. the security of other dwelling units or a for the 40 percent-of-assets limitation (b) Scheduled items in excess of 4 per­ combination of dwelling units, includ­ on participation loan investments on the cent. “Normal lending territory” for an ing homes, and business property in­ security of improved real estate located insured institution which, at the close volving only minor or incidental business beyond normal lending territory but of its most recent semiannual period, had use, if— within the State. scheduled items (other than assets ac­ * * * * ♦ The Board proposes to amend § 561.22 quired in a merger instituted for super­ in order to expand normal lending terri­ visory reasons) in excess of 4 percent of (iii) at the time of the allocation totory to include the entire State in which its specified assets means the territory: this category, the association’s net worth an insured institution’s principal office (1) Within the portion of the State in (as defined in § 561.13 o f this chapter) is located plus the territory within any which the institution’s principal office meets the net worth requirement of portion of a circle with a radius of 100 is located which is within a radius of 50 § 563.13 o f this chapter. miles which is outside of such State. The miles from such principal office or from ***** Board does not propose to change the each place of business which has been (Sec. 6, 48 Stat. 132, as amended; 12 U.S.C. provision for “grandfathered” normal approved in writing by the institution’s 1464. Reorg. Plan No. 3 of 19T4, 12 PR 4981, lending territory or the reduction in nor­ appropriate supervisory authority as a 3 CER, 1943-48 Comp., p. 1071) mal lending territory caused by having branch office, agency office, or sim ilar a scheduled items ratio in excess of 4 place of business for such institution; By the Federal Home Loan Bank percent. Board. (2) within any portion of a circle with Paragraph (b) of § 563.9 limits to 20 a radius of 50 miles from such institu­ [ s e a l ] E xjgene M . H e r r in , percent-of-assets the loans which an in­ tion’s principal office which is outside of Assistant Secretary. sured institution having a scheduled the State in which such institution’s items ratio in excess of 4 percent may [PR Doc.73-14558 Piled 7-16-73;8:45 am] principal office is located; and (3) beyond make on the security of real estate lo­ 50 miles from such institution’s principal cated between 50 and 100 miles from the office but within which territory the [1 2 CFR Parts 561, 563 ] principal, branch, agency or other ap­ institution was operating on June 27, [No. 73-922] proved office of the institution. In con­ 1934. nection with expanding normal lending FEDERAL SAVINGS AND LOAN territory to include the entire State, the (c) Definitions. For the purpose of this INSURANCE CORPORATION section, the term “State” includes the Board proposes to make a conforming District of Columbia, the Commonwealth Normal Lending Territory change to § 563.9(b) to substitute the State-wide limitation for the 100-mile of Puerto Rico, and the possessions of the J u l y 3,1973. limitation. United States; and a county, parish, or The Federal Home Loan Bank Board Accordingly, the Federal Home Loan similar political subdivision of a State considers it advisable to amend §§ 561.22 Bank Board hereby proposes to amend is the unit of “territory” in which the in­ and 563.9 of the rules and regulations for said §§ 561.22 and 563.9(b) to read as set stitution was operating on June 27, 1934. Insurance of Accounts (12 CFR 561.22, forth below. § 563.9 Nationwide lending. 563.9) for the purposes described herein. Interested persons are invited to sub­ * * * * * By a companion document (Document mit written data, views, and arguments No. 73-921; July 3, 1973) the Board pro­ (b) Loans "beyond normal lending terri­ to the Office of the Secretary, Federal tory when scheduled items exceed 4 per­ poses collateral amendments to §§ 545.6-6 Home Loan Bank Board, 101 Indiana and 545.6-7 of the rules and regulations cent. Any insured institution may, to the Avenue, NW., Washington, D.C. 20552, by extent that it has legal power to do so, for the Federal Savings and Loan System August 15, 1973, as to whether these (12 CFR 545.6-6, 545.6-7). proposals should be adopted, rejected, or make or purchase whole loans in an ag­ By said Document No. 73-921, the modified. Written material submitted gregate amount not exceeding 20 percent Board proposes to amend § 545.6-6 in will be available for public inspection at of its assets on the security of real order to expand “regular lending area” the above address unless confidential estate located outside its normal lend-

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 PROPOSED RULES 19053 ing territory but within the State in FEDERAL POWER COMMISSION April 11, 1973 and published in the F e d ­ which its principal office is located. e r a l R e g is t e r April 23,1973 38 F R 10014; ***** [ 18 CFR Parts 2,154,157 ] APPENDIX C, Tabulation, Under column (Secs. 402, 403, 48 Stat. 1256, 1257, 88 JUST AND REASONABLE NATIONAL headed “Interstate Volumes Rates” Over amended? 12 U.S.O. 1725, 1726. Reorg. Plan RATES FOR FUTURE SALES OF NAT­ No. 3 of 1947, 12 PR 4081, 3 CFR, 1943-48 URAL GAS FROM CERTAIN WELLS columns (n), (o), and (p) should be Comp-, P- 1071) [Docket No. R-389-B] changed to read “Intrastate Volumes and By the Federal Home Loan Bank Rates” . Order Prescribing Procedures; Correction Board. K e n n e t h F . P l u m b , [ s e a l ] E u g e n e M . H e r r in , A p r il 27,1973. S e c re ta ry . Assistant Secretary;• In the Notice of Proposed Rulemaking [FR Doc.73-14536 Piled 7-16-73;8:45 am] [PR Doc.73-14583 Piled 7-16-73; 8:45 am] and Order Prescribing Procedures, Issued

FEDERAL REGISTER, VOL. 38, N O . 136— TUESDAY, JULY 17, 1973 19054 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 THE TREASURY sioner of Customs in time to be received Agriculture and various handlers of pea­ by his office on or before August 16,1973. nuts (30 FR 9402) and upon recommen­ Office of the Secretary * This tentative determination and the dation of the Peanut Administrative POLYPROPYLENE STRAPPING FROM statement of reasons therefor are pub­ Committee established pursuant to such JAPAN lished pursuant to § 153.33 of the Cus­ agreement and other information it is Antidumping; Notice of Tentative Negative toms regulations (19 CFR 153.33). hereby found that the appended Incom­ ing Quality Regulation-—1973 Crop Pea­ Determination [ s e a l ] E d w a r d L . M o r g a n , Assistant Secretary of the Treasury. nuts, Outgoing Quality Regulation—1973 July 12, 1973. Crop Peanuts and the Terms and Condi­ Information was received on Decem­ [FR Doc. 73-14709 FUed 7-16-73;8:45 am] tions o f Indemnification— 1973 Crop Pea­ ber 20, 1972, that polypropylene strap­ nuts, which modify or are in addition ping from Japan was being sold at less DEPARTMENT OF THE INTERIOR to the provisions o f sections 5, 31, 32 and than fair value within the meaning of 36 of said agreement will tend to effec­ the Antidumping Act, 1921, as amended Office of the Secretary tuate the objectives of the Agricultural (19 U.S.C. 160 et seq.) (referred to in [ENT DBS 73-37] Marketing Agreement Act of 1937, as this notice as “the Act”) . This informa­ DEEPWATER PORTS amended, and o f such agreement and tion was the subject of an “Antidumping should be issued. Proceeding Notice” which was published Availability of Draft Environmental The Peanut Administrative Committee in the F e d er a l R e g is t e r of January 19, Statement has recommended that the appended In­ 1973, on page 1945T. Pursuant to section 102(2) (c) of the com ing Quality Regulation— 1973 Crop I hereby make a tentative determina­ National Environmental Policy Act of Peanuts, Outgoing Quality Regulation- tion that polypropylene strapping from 1969, Public Law 91-190, the Department 1973 Crop Peanuts and the Terms and Japan is not being, nor likely to be, sold of the Interior has prepared a draft en­ Conditions of Indemnification—1973 at less than fair value within the mean­ vironmental statement for deepwater Crop Peanuts, be issued so as to imple­ ing o f section 201 (a) of the Act (19 U.S.C. ports and invites written comments on or ment and effectuate the provisions of 160(a)). before August 16, 1973. the aforementioned sections of the mar­ Statement of reasons on which this The statement was developed for pro­ keting agreement. The 1973 peanut crop tentative determination is based. Analy­ posed legislation to authorize the Secre­ year begins July 1 and procedures and sis of information from all sources re­ tary of the Interior to license the con­ regulations for operations under the vealed that the proper basis, of compari­ struction and operation of deepwater agreement should be established thereby son for fair value purposes is between port facilities located on the Outer affording handlers maximum time to purchase price and the adjusted home Continental Shelf. plan their operations accordingly. The market price of such or similar mer­ Copies of the draft statement are handlers of peanuts who will be affected chandise. available for inspection at the following hereby have signed the marketing agree­ Purchase price was calculated by de­ locations: ment authorizing the issuance hereof, ducting inland freight from the f.o.b. they are represented on the Committee purchaser’s warehouse price. Office of Communications, Room 7218, De­ which has prepared and recommended The adjusted home market price was partment of the Interior, Washington, D.C. 20240, telephone (202) 343-3171; these quality regulations and terms and based on the delivered customers’ prem­ conditions of indemnification for ises price, with a deduction for inland Office of Public Affairs, Bureau of Land Man­ agement, Room 5643, Department of the approval. freight. Adjustments were made for dif­ Interior, Washington, D.C. 20240, telephone Upon consideration of the Committee ferences in the merchandise and, where (202) 343-5717. recommendation and other available in­ appropriate, for diff(Terences in packing. formation the appended Incoming Qual­ Using the above criteria, purchase Single copies may be obtained by writ­ ity Regulation— 1973 Crop Peanuts, Out­ price was found to be higher than the ing the Office of Public Affairs, Bureau of going Quality Regulation— 1973 Crop adjusted home market price of such or Land Management, Room 5643, Depart­ Peanuts, and the Terms and Conditions similar merchandise. ment of the Interior, Washington, D.C. of Indemnification—1973 Crop Peanuts In accordance with §§ 153.33(a) and 20240. are hereby approved. L a u r e n c e E. L y n n Jr., 153.37, Customs regulations (19 CFR Dated: July 11, 1973. 153.33(a), 153.37), interested parties may Secretary of the Interior. present written views or arguments, or J u l y 9 , 1 9 7 3 . C h a r l e s R . B r ader , request in writing that the Secretary of Acting Deputy Director, the Treasury afford an opportunity to [FR Doc.73-14500 Filed 7-16-73;8:45 am] Fruit and Vegetable Division. present oral views. DEPARTMENT OF AGRICULTURE I n c o m in g Q u a l i t y R e g u l a t io n —1973 Any requests that the Secretary of the C r o p P e a n u t s Treasury afford an opportunity to pre­ Agricultural Marketing Service The following modify section 5 of the sent oral views should be addressed to [Marketing Agreement 146] the Commissioner of Customs, 2100 K peanut marketing agreement and modify Street, NW„ Washington, D.C. 20229, in 1973 PEANUT CROP or are in addition to the restrictions of time to be received by his office not later Incoming and Outgoing Quality section 31 on handler receipts or acquisi­ than 10 calendar days from the date of Regulations and Indemnification tions of 1973 crop peanuts: publication of this notice in the F e d er a l (a) Modification of section 5, para­ Pursuant to the provisions of sections R e g is t e r . Such requests must be accom­ graphs (b), (c) , and (d). Paragraphs (b ), panied by a statement outlining the is­ 5, 31, 32, 34 and 36 of the marketing (c), and (d) of section 5 of the peanut sues wished to be discussed. agreement regulating the quality of do­ marketing agreement are modified as to Any written views or arguments should mestically produced peanuts heretofore 1973 crop farmers stock peanuts to read likewise be addressed to the Commis­ entered into between the Secretary of respectively as follows:

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 NOTICES 19055

(b) Segregation 1. “Segregation 1 pea­ which are not stacked at harvest time Committee which shall be used only for nuts” means farmers stock peanuts with may contain up to 12 percent moisture; information purposes. not more than 2 percent damaged ker­ and (2) for seed peanuts produced in the (h) Warehouse storage facilities. Han­ nels nor more than 1.00 percent con­ Southwestern area, they may contain up dlers shall report to the Committee, on cealed damage caused by rancidity, mold to 10 percent moisture. a form furnished by the Committee, all or decay and which are free from visible However, any such seed peanuts with vis­ storage facilities or contract storage fa­ Aspergillus fiavus. ible Aspergillus fiavus shall be stored and cilities which they will use to store ac­ (c) Segregation 2. “Segregation 2 pea­ shelled separate from other peanuts, and quisitions of 1973 crop Segregation 1 nuts” means farmers stock peanuts with any residual not used for seed shall not farmers stock peanuts and all such stor­ more than 2 percent damaged kernels be used or disposed of for human con­ age facilities must be reported prior to or more than 1.00 percent concealed sumption unless it is determined to be storing of any such handler acquisitions. damage caused by rancidity, mold or de­ wholesome by chemical assay for afla- All such storage facilities must be of cay and which are free from visible toxin. A handler whose operations may sound construction, in good repair, built Aspergillus fiavus. include custom seed shelling, may receive a,nd equipped so as to provide suitable (d) Segregation 3. “Segregation 3 pea­ custom shell, and deliver for seed pur­ storage and sufficient ventilation to pre­ nuts” means farmers stock peanuts with poses farmers stock peanuts and such vent moisture condensation and provide visible Aspergillus fiavus. peanuts shall be exempt from the Incom­ adequate protection for farmers stock (b) Moisture. Except as provided under ing Quality Regulation requirements and peanuts. All breaks or openings in the paragraph (e) Seed peanuts, no handler therefore shall not be required to be in­ walls, floors or roofs of the facilities shall sba.il receive or acquire peanuts contain­ spected and certified as meeting the In­ have been repaired so as to keep out ing more than 10 percent moisture: Pro­ coming Quality Regulation requirements moisture. Elevator pits and wells must be vided, That peanuts of a higher mois­ and the handler shall report to the Com­ kept dry and free of moisture at all ture content may be received and dried mittee as requested the weight of each times. Insect control procedures must be to not more than 10 percent moisture lot of farmers stock peanuts received on carried out in such a manner so as to prior to storing or milling. On farmers such basis on a form furnished by the prevent undesirable moisture in the stor­ stock, such moisture determinations shall Committee. However, handlers who may age facilities. The Committee may make be rounded to the nearest whole num­ acquire seed peanut residuals from their periodic inspections of storage facilities ber; on shelled peanuts, the determina­ custom seed shelling operations or from and farmers stock peanuts stored in such tions shall be carried to the hundredths another seed sheller or producer who has facilities to determine if handlers are place and shall not be rounded to the or has not signed the marketing agree­ adhering to these requirements. nearest whole number. ment shall hold and/or mill such resid­ (i) Shelled peanuts. Handlers may ac­ (c) Damage. For the purpose of de­ uals separate and apart from other re­ quire from other handlers shelled pea­ termining damage, other than concealed ceipts or acquisitions of the handler and nuts (which originated from “Segrega­ damage, on farmers stock peanuts, all such residuals which meet Outgoing tion 1 peanuts”) that fail to meet the percentage determinations shall be Quality Regulation requirements may be requirements of the Outgoing Quality rounded to the nearest whole number. disposed of by sale to human consump­ Regulation. Any lot of such peanuts (d) Loose shelled kernels. Handlers tion outlets and any portion not meet­ must be accompanied by a valid inspec­ may separate from the loose shelled ker­ ing such requirements shall be disposed tion certificate for grade factors, an nels received with farmers stock peanuts, of by sale to oil stock or crushing. aflatoxin assay certificate and must be those sizes of whole kernels which ride

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19056 NOTICES in U.S. splits and other edible quality splits” shall not exceed 2 percent. The bearing the official stamp o f the Federal peanuts not of U.S. grade. Pall through term “fall through” as used herein, shall or Federal-State Inspection Service to in such peanuts shall not exceed 4 per­ mean sound split and broken kernels and each filled bag in the lot. The tag shall cent except that fall through consisting whole kernels which pass through spec­ be sewed (machine sewed if shelled pea­ of either split and broken kernels or ified screens. Screens used for determin­ nuts) into the closure of the bag except whole kernels shall not exceed 3 percent ing fall through in peanuts covered by that in plastic bags the tag shall be in­ and fall through of whole kernels in this subparagraph (a) shall be as fol­ serted prior to sealing so that the official Runners, Spanish or Virginia “with lows : stamp is visible. Any peanuts moved in bulk or bulk bins shall have their lot Screen Openings identity maintained by sealing the con­ / Type veyance and if in other containers by Split & broken kernels Whole kernels other means acceptable to the Federal or Federal-State inspectors and to the Virginia..,______i%4 inch round. ______x 1 inch slot. Committee. All lots o f shelled or cleaned Runners_____ j,__ inch round______- ______x % inch slot. inshell peanuts shall be handled, stored, Spanish & Valencia 4 inch round______*%4 x % inch slot. and shipped under positive lot identifi­ cation procedures. (Runners, Spanish or Virginia “with Sub-samples “ 1-A” and “1-B” shall be (e) Reinspection. Whenever the Com­ splits” means shelled peanuts which do accompanied by a notice of sampling, mittee has reason to believe that not contain more than (a) 15 percent signed by the inspector, containing, at peanuts may have been damaged or splits, (b) for Runners or Spanish 2.00 least, identifying information as to the deteriorated while in storage, the Com­ percent whole kernels which will pass handler (shipper), the buyer (receiver) mittee may reject the then effective through 15/64 x 3/4 slot screen and for if known, and the positive lot identifica­ inspection certificate and may require Virginias a 15/64 x 1 slot screen, and (c) tion of the shelled peanuts. A copy of the owner of the peanuts to have a re- otherwise meet the specifications of U.S. such notice on each lot shall be sent to inspection to establish whether or not No. 1 grade). the Committee office. All assay sub­ such peanuts may be disposed of for (b) Cleaned inshell peanuts. No han­ samples shall be positive lot identified human consumption. dler shall ship or otherwise dispose of and sub-samples “2-A” and “2-B” held (f) Inter-plant transfer. Until such cleaned inshell peanuts for human con­ for 30 days,'after delivery of sub-samples time as procedures permitting all inter­ sumption: (1) W ith more than 1.00 per­ “ 1-A” and “1-B”, and delivered for assay plant and cold storage movements are cent kernels with mold present unless a upon call of the laboratory or the Com­ established by the Committee, any han­ sample of such peanuts, drawn by an mittee and at the Committee’s expense. dler may transfer peanuts from one plant inspector of the Federal or Federal-State The cost of drawing the 48-pound sam­ owned by him to another of his plants or Inspection Service, was analyzed chem­ ple and the preparation of the resultant to commercial storage, without having ically by laboratories approved by the sub-samples and postage for mailing the such peanuts positive lot identified and Committee or by an Agricultural Market­ sub-samples “1-A” and “1-B” shall be certified as meeting quality requirements, ing Service laboratory (hereinafter re­ borne by the handler. When the sub­ but such transfer shall be only to points ferred to as “AMS laboratory”) and samples “1-A” and “1-B” have not been within the same production area and found to be wholesome relative to afla- analyzed within 30 days from date of ownership shall have been retained by toxin; (2) with more than 2.00 percent delivery of the “1-A” and “1-B” sub­ the handler. Upon any transferred pea­ peanuts with damaged kernels; (3) with samples and a second set of “2-A” and nuts being disposed of for human con­ more than 10.00 percent moisture; or (4) “2-B” sub-samples must be drawn, the sumption, they shall meet all the re­ with more than 0.50 percent foreign cost of drawing, grinding, preparation quirements applicable to such peanuts, material. and mailing such sub-samples shall be (g) Loose shelled kernels, fall through for the account of the holder of the pea­ and pickouts. (1) Loose shelled kernels (c) Pretesting shelled peanuts. Each nuts. Cost of the assay on the “1-A” handler shall cause appropriate samples which do not ride screens with the fol­ and “1-B” sub-samples shall be for the lowing slot openings: Runner—1%4 x % of each lot of shelled peanuts to be drawn account of the buyer of the lot and of the by an inspector of the Federal or Federal- inch; Spanish and Valencia—1^ x % “2-A” and “2-B” sub-samples for the inch; Virginia—*%4 x 1 inch; shall be State Inspection Service. The gross Committee’s account. If the handler amount of peanuts drawn shall be large disposed of only by sale as domestic oil elects to pay for the assay of the “1-A” stock or by crushing. Fall through and enough to provide for a grade analysis, sub-sample, he shall charge the buyer for a grading check sample and for one when he invoices the peanuts, and if pickouts shall also be sold as domestic 48-pound sample for aflatoxin assay. The oil stock or crushed. For the purpose of more than one buyer, on a pro rata basis. this regulation: the term ‘‘non-edible 48-pound sample shall be ground by the The results of each assay shall be re­ Federal or Federal-State inspector, AMS ported to the buyer listed in the notice quality peanuts described in paragraph or designated laboratories in a “sub- (g) (1)” means loose shelled kernels, fall of sampling and, if the handler desires, through, and pickouts; the terms “loose sampling mill” approved by Committee. to the handler. Four sub-samples of a size specified by shelled kernels” means peanut kernels the Committee shall be drawn from the If a buyer is not listed in the notice . or portions of kernels completely free of ground portion of the sample diverted by of sampling the results of the assay shall their hulls, either as found in deliveries the “sub-sampling mill” during the be reported to the handler who shall of farmers stock peanuts or those which grinding process. Two of the resulting promptly cause notice to be given, to fail to ride the screens (U. S. No. 1 sub-samples from the 48-pound sample the buyer of the contents thereof and screens) in removing whole kernels; the shall be designated as “ 1-A” and “2-A”. such handler shall not be required to term “fall through” has the same mean­ The two remaining sub-samples shall be furnish additional samples for assay. ing as in paragraph (a) of this regula­ designated as “ 1-B” and “2-B”. The sub­ (d) Identification. Each lot of shelledtion; and the term “ pickouts” means samples designated “1-A” and “1-B” or cleaned inshell peanuts shipped or those peanuts removed at the picking shall be sent as requested by the handler otherwise disposed of for human con­ table, by electronic equipment, or other­ or buyer, for aflatoxin assay to an AMS sumption shall be identified by positive wise during the milling process. laboratory or a laboratory listed on the lot identification procedures. For the (2) All loose shelled kernels, fall most recent Committee list of approved purpose of this regulation, “positive lot through and pickouts shall be kept sep­ laboratories that can provide analyses identification” of a lot of shelled or in­ arate and apart from other milled pea­ results on such samples in 36 hours. The shell peanuts is a means of relating the nuts that are to be shipped into edible sub-samples designated as “2-A” and inspection certificate to the lot covered channels. Each such category of peanuts “ 2-B” shall be held as aflatoxin check- so that there can be no doubt that the shall be bagged separately in suitable new samples by the Federal or Federal-State peanuts delivered are the same ones de­ or clean, sound, used bags or placed in Inspection Service, AMS or designated scribed on the inspection certificate. bulk containers acceptable to the Com­ laboratories and shall be analyzed only Such procedure on bagged peanuts shall mittee. Such peanuts shall be inspected in AMS or designated laboratories. consist of attaching a lot numbered tag by Federal or Federal-State inspectors

FEDERAL REGISTER, V O L 38, NO. 136— TUESDAY, JULY 17, 1973 NOTICES 19057 in lots of not more than 100,000 pounds tion because of excessive damage or “Custom blanching” means the proc­ and a certification made as to moisture minor defects. To be eligible for disposal ess which Involves blanching peanuts, and foreign material content. into human consumption outlets, such and the subsequent removal of damaged (3) Each category of non-edible qual­ peanuts, after blanching, must meet peanuts for the purpose of eliminating ity peanuts described in paragraph (g) specifications for unshelled peanuts, aflatoxin from the lot. The process may (I) shall be identified by positive lot damaged kernels, and minor defects as be applied to either an original lot or the identification procedures set forth in listed in the outgoing quality regulation new lot which results from remilling. paragraph (d) but using a red tag. Such and be accompanied by an aflatoxin Custom blanching shall be performed peanuts may be disposed of only by certificate determined to be negative by only by those firms determined by the crushing into oil and meal or destroyed, the Committee. Committee to have the capability to re­ unless other disposition is authorized by (i) Residuals from seed peanuts.move the aflatoxin and who agree to such the C om m itt e e and all dispositions shall Handlers who receive and custom shell terms, conditions and rates of payment be reported to the Committee on such for seed purposes farmers stock peanuts as the Committee may find to be accept­ forms and at such times as it prescribes. (which have not been inspected and able. Such peanuts shall be deemed to be “re­ certified as meeting the incoming quality If the Committee and the Agricultural stricted” peanuts and the meal produced regulation) shall hold and mill peanuts Marketing Service conclude that such lot therefrom shall be used or disposed of as acquired as residuals from such opera­ is not suitable for remilling or custom fertilizer or other non-feed use. To pre­ tions separate and apart from peanuts blanching, the lot shall be declared to vent use of restricted meal for feed, acquired as Segregation 1 farmers stock. crushing and shall be disposed of by de­ handlers shall either denature it or re­ Likewise, any such residuals received or livery to the Committee at such point as strict its sale to licensed or registered acquired from a handler or non-handler, it may designate. The indemnification U.S. fertilizer manufacturers or firms shall be held and milled separate and payment for peanuts in such a lot shall engaged in exporting who will export apart in the same manner. Residuls that be the indemnification value of the pea­ such meal for nonfeed use or sell it to meet requirements of the outgoing qual­ nuts, as hereinafter provided, plus actual the aforesaid fertilizer manufacturers. ity regulation may be disposed of by sale costs of any necessary storage. Trans­ However, peanuts other than pickouts to human consumption outlets or to an­ portation expenses (excluding demur­ and meal from peanuts other than pick­ other handler and any portion not meet­ rage) from the handler’s plant or storage outs in specifically identified lots of not ing such requirements shall be disposed to the point within the Continental more than 50 tons each, may be sampled of by sale to an oil mill for crushing or United States where the rejection oc­ by Federal or Federal-State inspectors, by crushing. curred and from such point to a delivery or by the Area association if authorized point specified by the Committee shall by the Committee, and tested for afla­ T e r m s a n d C o n d it io n s o f I n d e m n if ic a ­ be included in the indemnification pay­ toxin by laboratories approved by the t io n — 1973 C r o p P e a n u t s ment if the lot is found by the Commit­ Committee or operated by the Agricul­ For the purpose of paying indemni­ tee to be unwholesome as to aflatoxin tural Marketing Service, at handler’s or ties on a uniform basis pursuant to sec­ after such lot had been certified negative crusher’s expense, and if such meet tion 36 of the peanut marketing agree­ as to aflatoxin prior to being shipped or Committee standards, the meal may be ment effective July 12, 1965, each han­ otherwise disposed of for human con­ disposed Of for food use. dler shall promptly notify or arrange for sumption by the handler pursuant to (4) Notwithstanding any other pro­ the buyer to notify the Manager, Peanut requirements of the “Outgoing Quality vision of this regulation or o f the In ­ Administrative Committee of any lot of Regulation— 1973 Crop Peanuts” . Pay­ coming Quality Regulation applicable to cleaned inshell or shelled peanuts, milled ment shall be made to the handler as 1973 crop peanuts, a handler may trans­ to the outgoing quality requirements and soon as practicable after delivery of fer such “restricted” peanuts to another into one of the categories listed in the the peanuts to the Committee. The sal­ plant within his own organization or final paragraph of these terms and con­ vage value for peanuts declared for transfer or sell such peanuts to a ditions, on which the handler has with­ crushing shall be paid to, and retained crusher for crushing. Sales or transfer held shipment or storage or the buyer, by, the Committee to offset indemnifica­ of restricted peanuts to persons not including the user division of a handler, tion expenses. handlers under the agreement shall be has withheld usage due to a finding as If it is concluded that the lot should made only on the condition that they to aflatoxin content as shown by the re­ be remilled or custom blanched, ex­ agree to comply with the terms of this sults of chemical assay. To be eligible penses shall be paid by the Committee paragraph (g) including the reporting for indemnification, such a lot of peanuts on those lots which, on the basis of the requirements. shall have been inspected and certified inspection occurring prior to shipment, (h) Peanuts failing quality require­ as meeting the quality requirements of contained not more than 1.00 percent ments. Handlers may sell to other the agreement, shall have met all other damaged kernels other than minor de­ handlers shelled peanuts (which origi­ applicable regulations issued pursuant fects. Lots with damage in excess of nated from Segregation 1 peanuts) that thereto, including the pretesting require­ 1.00 percent on such inspection shall be fail to meet the Outgoing Quality Reg­ ments in (a) and (c) of the “Outgoing remilled without reimbursement from ulation requirements heretofore spec­ Quality Regulation—1973 Crop Peanuts”, the Committee for milling, freight, or ified. Lots o f peanuts disposed o f in and the lot identification shall have been temporary storage and handling but this manner must be accompanied by a maintained. If the Committee con­ otherwise shall be indemnifiable the valid grade inspection certificate, an cludes, based on assays to date or further same as lots with not more than 1.00 per­ aflatoxin assay certificate and must be assays, that the lot is so high in aflatoxin cent damage. positive lot identified. Transactions made that it should be handled pursuant to The indemnification value of peanuts in this manner shall be reported to the these Terms and Conditions and such is delivered to the Committee for indemni­ Committee by hoth the seller and buyer concurred in by the Agricultural Mar­ fication shall be as listed in the final on a form provided by the Committee. keting Service, the lot shall be accepted paragraph of these terms and conditions. Any such peanuts acquired by handlers for indemnification. If the lot is covered The indemnification payment on pea­ pursuant to paragraph (i) of the incom­ by a sales contract, the lot may be nuts declared for remilling, and which ing quality regulation shall be held and rejected to the handler. contain not more than 1.00 percent milled separate and apart from other re­ In an effort to make such eligible pea­ damaged kernels other than minor de­ ceipts or acquisitions of the receiving nuts suitable for human consumption, fects, shall be the indemnification value handler and further disposition shall be and to minimize indemnification costs, referable to the weights of peanuts lost regulated by the requirements specified in the remilling process and not cleared heretofore. the Committee and the Agricultural M ar­ for human consumption, plus temporary Handlers may blanch or cause to have keting Service shall, prior to disposition storage, except as hereinafter restricted, blanched peanuts failing to meet specifi­ for crushing cause all suitable lots to be plus an allowance for remilling of one cations of the outgoing quality regula­ remilled or custom blanched or both. cent per pound on the original weight,

FEDERAL REGISTER, V O L 38, NO . 136— TUESDAY, JULY 17, 1973 No. 136—Pt. i- 19058 NOTICES

less IV2 percent of the indemnification dence of remilling or custom blanching spect to any claim filed with the Com­ value multiplied by the original weight. and clearance of the lot for human con­ mittee on 1973 crop peanuts on or after However, the 1 y2 percent deduction shall sumption as the Committee may require the filing date of a claim under such not apply to peanuts whose appropri­ and the delivery of the peanuts not contract, except upon the Committee’s ate samples for pretesting, drawn and cleared for human consumption to the finding that acceptance o f such contract assayed in accordance with paragraph delivery point designated by the Com­ was inadvertent; and for purposes of this (c) of the “Outgoing Quality Regula­ mittee. If a suitable reduction in the provision a claim shall be deemed to be tion—1973 Crop Peanuts”, were deter­ aflatoxin content is not achieved on any filed when notice of possible rejection is mined to be not indemnifiable as to lot which is remilled or custom blanched first given to the Committee. aflatoxin. Transportation expenses (ex­ or both, the Committee shall declare the Any handler who fails to conform to cluding demurrage) from the handler’s entire lot for indemnification. However, the requirements of paragraph (h) of plant or storage to the point within the the Committee shall refuse to pay in­ the “Incoming Quality Regulation— Continental United States where the re­ demification on any lot(s) where it has 1973 Crop Peanuts” shall be ineligible for jection occurred and from such point to reason to believe that the rejection of any indemnification payments until such a delivery point specified by the Com­ the peanuts arises from failure of the condition or conditions are corrected to mittee shall be included in the indemni­ handler to use reasonable measures to the satisfaction of the Committee. fication payment if the lot is found by receive and withhold from milling for Categories eligible for indemnification the Committee to be unwholesome as to edible use those Segregation 3 peanuts and values for each category are as fol­ aflatoxin after such lot had been certi­ tendered to him either directly by a lows: fied negative as to aflatoxin prior to producer or by a country buyer, com­ Cleaned inshell peanuts— being shipped or ^ otherwise disposed of mission buyer or other like person. for human consumption by the handler Remilling may occur on the premises (1) U.S. Jumbos, 24 cents per pound (shelled pursuant to requirement of the “Out­ of any handler signatory to the market­ basis) (2) U.S. Fancy Handpicks, 24 cents per going Quality Regulation—1973 Crop ing agreement or at such other plant as pound (shelled basis) Peanuts”. On lots on which the remilling the Committee may determine. However, (3) Valencia—Roasting Stock, 24 cents per is not successful in making the lot whole­ if the Committee orders remilling of a pound (shelled basis) 1 some as a aflatoxin, the idemnification lot which has been found to contain U.S. Grade shelled peanuts— payment shall be reduced by an addi­ aflatoxin prior to shipment from the tional 4 percent of the indemnification locality of original milling, the Com­ (1) UJS. No. 1, 24 cents per pound value multiplied by the original weight mittee shall not pay freight costs should (2) U.S. Splits, 24 cents per pound (3) U.S. Virginia Extra-Large, 26 cents per if the lot is declared for custom blanch­ ,the handler move said lot to another pound ing. If such peanuts are declared for cus­ locality for remilling. (4) U.S. Virginia Medium, 24 cents per pound tom blanching after remilling, the in­ Claims for indemnification on peanuts demnification payment shall be the of the 1973 crop shall be filed with the Shelled peanuts " with splits”— blanching cost, plus any temporary stor­ Committee at least 60 days prior to (1) Runners with splits which do not con­ age, the transportation costs from origin December 31, 1974. tain more than 15 percent splits or 2 (whether handler or buyer premises) to Each handler shall include, directly or percent whole kernels which will pass point of blanching and on unsold lots by reference, in his sales contract the through a 16/64 x 3/4 slot screen, 24 from point of blanching to handler’s following provisions: cents per pound. (2) Spanish with splits which do not con-. premises and the indemnification value Should buyer find peanuts subject to in­ tain more than 15 percent splits or 2 of the weight of reject peanuts removed demnification under this contract to be so percent whole kernels which will pass from the lot. On lots which are custom high in aflatoxin as to provide possible through a 15/64 x 3/4 slot screen, 24 blanched without remilling, the indemni­ cause for rejection, he shall promptly notify cents per pound. fication payment shall be determined in the seller and the Manager, Peanut Admin­ (3) Virginias with splits which do not con­ the same manner but it shall be reduced istrative Committee, Atlanta, Georgia. Upon tain more than 15 percent splits or 2 a determination of the Peanut Administra­ percent whole kernels which will pass by V/2 percent of the indemnification tive Committee, confirmed by the Agri­ value multiplied by the original weight. through a 15/64 x 1 slot screen, 24 cultural Marketing Service, authorizing re­ cents per pound. However, the 1 % percent deduction shall jection, such peanuts, and title thereto, if However, peanuts in any of the above cate­ not apply,to peanuts whose appropriate passed to the buyer, shall be returned to the gories shall not be eligible for indemnifica­ samples for pretesting, drawn and as­ seller. Seller shall not be precluded from re­ tion if such peanuts: (1) were milled from sayed in accordance With paragraph (c) placing such peanuts if he so elects. seed peanut residuals as referred to in the of the “Outgoing Quality Regulation— Seller shall, prior to shipment of a lot of last sentence of paragraph (e) of the In­ shelled peanuts covered by this sales con­ coming Quality Regulation and paragraph 1973 Crop Peanuts” , were determined to tract, cause appropriate samples to be drawn be not indemnifiable as to aflatoxin. (i) of the Outgoing Quality Regulation for by the Federal or Federal-State Inspection 1973 Crop Peanuts; (2) failed the Outgoing Moreover, no indemnification payments Service from such lot, shall cause the sam­ Quality Regulation for 1973 Crop Peanuts shall be paid on any lot of peanuts where ple (s) to be sent to an AMS laboratory or due to excessive damage and minor defects the Committe determines that the cus­ if designated by the buyer, a laboratory listed and such peanuts were subsequently tom blanched peanuts from such a lot on the most recent Committee list of ap­ blanched to remove such excess damage and has-been sold at a price lower than the proved laboratories to conduct such assay, minor defects pursuant to paragraph (h) of indemnification value on the original red for an aflatoxin assay and cause the labora­ such regulation; and (3) when shipped for skin lot at the time the indemnification tory, if other than the buyer’s to send one human consumption outlets contained more copy of the results of the assay to the buyer. than a total of 1.25 percent unshelled pea­ claim was filed with the Committee. The laboratory costs shall be for the account nuts and damaged kernels or a total of 2.00 Claims for indemnification on 1973 of the buyer and buyer agrees to pay them percent unshelled peanuts, damaged kernels crop peanuts may be filed by any handler when in voiced, by the laboratory or, in the and minor defects. event the seller has paid them, by the seller. sustaining a loss as result of a buyer [FR Doc.73-14506 Filed 7-16-73;8:45 am] withholding from human consumption Any handler who fails to include such a portion or all the product made from provisions in his sales contract shall be a lot of peanuts which has been deter­ ineligible for indemnification payments Forest Service mined to be unwholesome due to afla­ with respect to any claim filed with the NEBRASKA NATIONAL FOREST toxin. ih e Committee shall pay, to the Committee on 1973 crop peanuts covered LIVESTOCK ADVISORY COMMITTEE extent of the raw peanut equivalent by the sales contract. Notice of Meeting value of the peanuts used in the product In addition, should any handler enter so withheld, such claims as it determines into any oral or written sales contract The Nebraska National Forest Live­ to be valid. which fixes the level of aflatoxin at which stock Advisory Committee will meet at Payment shall be made to the handler rejection may be made and hence con­ claiming indemification or receiving the flicts with these terms and conditions, 1 Inshell peanuts with not more than 25 rejected lot as soon as practicable after the handler doing so will not be eligible percent having shells damaged by discolor­ receipt by the Committee of such evi­ for indemnification payments with re­ ation, which are cracked or broken, or both.

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 NOTICES 19059

8 P.M., CDT, July 26, 1973, at the Forest Capital G oods and Production M aterials the Federal Food, Drug, and Cosmetic Service Office, Halsey, Nebraska. D ivision Scientific and Electronic Act (21 U.S.C. 360b(e)) withdrawing ap­ The purpose of this annual meeting is Equipment D ivision proval of NADA No. 6—226V and all amendments and supplements thereto on to discuss various grazing resource man­ Each division shall, for the products agement practices. the grounds that new information before under its jurisdiction, administer export him with respect to the drug evaluated The meeting will be open to the public. controls in accordance with the Export Persons who wish to attend should notify together with the evidence available to Administration Act and the Equal Ex­ him at the time of approval of the appli­ the District Ranger, Bessey Ranger Dis­ port Opportunity Act and the policies trict, Halsey, Nebraska 69142, phone cation shows there is a lack of substantial and procedures established by the Office evidence that the drug will have all of (308) 533-2257. of Export Control; determine and take The Committee has established the the effects it purports or is represented appropriate action on export license ap­ to have under the conditions of use pre­ follow ing rules for public participation: plications; conduct technical analyses of 1. Members of the public may present scribed, recommended, or suggested in products, including potential end-use ap­ the labeling. oral statements at any time during dis­ plications, to determine and recommend cussions. All identical, related, or similar prod­ the extent of controls to be applied; and ucts not the subject of an approved new 2. Any member of the public who render assistance to industry and other wishes to do so should file a written animal drug application are covered by Government agencies on export control the NADA reviewed. Any manufacturer statement with the committee, either be­ problems within its jurisdiction. fore or after the meeting. or distributor of such an identical, re­ The organization chart for the Bureau lated, or similar product is an interested J ames A. Lees, of East-West Trade, referenced in Sec­ person who may in response to this notice Acting Forest Supervisor. tion 2, is amended as depicted in the submit data and information, request that the NADA not be withdrawn, re­ July 9, 1973. attached organization chart. A copy of the chart is on file with the original of quest a hearing, and participate as a [PR Doc.73-14521 Filed 7-16-73; 8:45 am] this document in the Office of the Fed­ party in any hearing. Any person who eral Register. wishes to determine whether a specific OKANOGAN NATIONAL FOREST MULTI­ Steven Lazarus, product is covered by this notice should PLE USE ADVISORY COMMITTEE Director, Bureau of write to the Bureau of Veterinary Medi­ East-West Trade. cine, Division of Compliance, 5600 Fishers Notice of Meeting Lane, Rockville, MD 20852. Approved: ~_ The Okanogan National Forest Mul­ In accordance with the provisions of Judith S. Chadwick, tiple Use Advisory Committee will meet section 512 of the act and the regulations Director, Directorate of promulgated thereunder (21 CFR Part at 8:00 p.m. on July 31, 1973, in the Administrative Management. second floor Conference Room of the 135), the Commissioner hereby gives the Forest Supervisor’s Office at 219 Second [FR Doc.73-14499 Filed 7-16-73; 8:45 am] applicant and any other interested per­ Avenue South, Okanogan, Washington. son an opportunity for a hearing to show The puropse of this meeting is to dis­ DEPARTMENT OF HEALTH, why approval of the NADA should not be cuss land use planning and proposed EDUCATION, AND WELFARE withdrawn. trial and area restrictions fo r 1974. The applicant and any interested per­ The meeting will be open to the public. Food and Drug Administration son is required to file, on or before Au­ The Committee will accept comment [Docket No. FDC-D-638; NADA No. 6-226V] gust 18, 1973, with the Hearing Clerk, from the public during the meeting and Food and Drug Administration, Room public members are encouraged to speak AMERICAN CYANAMID CO. 6-88, 5600 Fishers Lane, Rockville, MD up at any time to express their views on Led-O-San; Notice of Opportunity for a 20852, a written appearance electing land use planning and proposed trail and Hearing whether or not to avail himself of the area restrictions for 1974. In an announcement published in the opportunity for a hearing. Failure of an Written statements may be filed with F ederal R egister of September 5, 1970 applicant or any other interested person the Committee until August 10, 1973. (35 FR 14168, DESI 901V) the Commis­ to file a written appearance of election Send them to Okanogan National Forest sioner of Food and Drugs announced the by August 16,1973 will constitute an elec­ Supervisor, Post Office Box 950, Okano­ conclusions of the Food and Drug Ad­ tion by him not to avail himself of the gan, WA 98840. ministration following evaluation of re­ opportunity for a hearing. ports received from the National Acad­ If no person elects to avail himself of G erhart H. Nelson, emy of Sciences—National Research the opportunity for a hearing, the Com­ Forest Supervisor. Council, Drug Efficacy Study Group, on missioner without further notice will enter a final order withdrawing approval July 6, 1973. Led-O-San (a product which contains o f the application. [PR Doc.73-14514 Piled 7-16-73;8:45 am] calcium polysulfide and hexachloro- phene), new animal drug application If an applicant or any other interested (NADA) No. 6-226V; marketed by Amer­ person elects to avail himself of the op­ DEPARTMENT OF COMMERCE ican Cyanamid Co., P.O. Box 400, Prince­ portunity for a hearing, he must file, on Domestic and International Business ton, NJ 08540. or before August 16, 1973, a written ap­ Administration The announcement invited the holder pearance requesting the hearing, giving the reasons why approval of the NADA [Order 46-2, Arndt 1] of said NADA and any other interested person to submit pertinent data on the should not be withdrawn, together with BUREAU OF EAST-WEST TRADE drug’s effectiveness. American Cyanamid a well organized and full factual analysis Organization and Functions Co. responded to the announcement by of the data he is prepared to prove in submitting revised labeling and manu­ support to his opposition. A request for J u n e 1, 1973. facturing data. By letters of August 29, a hearing may not rest upon mere allega­ This order effective June 1, 1973 1972 and February 21,1973, the Food and tions or denials, but must set forth spe­ amends the material appearing at 38 FR Drug Administration requested addi­ cific facts showing that a genuine and 9329 of April 13, 1973. tional manufacturing data and revised substantial issue of fact requires a hear­ DIBA Organization and Function labeling. Such data have not been ing (21 CFR 135.15(b)). Order 46-2, dated December 4, 1972, is If review of the data submitted by an hereby amended as follows: submitted. applicant or any other interested per­ 1. In Section 8., Office of Export Con­ Therefore, notice is given to the holder son warrants the conclusion that there trol, section 8.06 is amended to read: of the NADA and to any other interested exists substantial evidence demon­ .06 The product/licensing divisions as person that the Commissioner proposes strating efficacy of the product for the stated below: to issue an order under section 512(e) of labeling claims involved, the Commis-

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19060 NOHCES

sioner will rescind this notice of oppor­ Administration, Department of Health, the office of the Hearing Clerk, Food and tunity for a hearing. Education, and W elfare, Rm, 6-88, 5600 Drug Administration, Department of If review of the data in the application Fishers Lane, Rockville, MD 20852, dur­ Health, Education, and Welfare, Rm. and the data submitted by the applicant ing regular working hours Monday 6-88, 5600 Fishers Lane, Rockville, MD or any other interested person in a re­ through Friday, and may be purchased 20852. quest for a hearing, together with the from the National Technical Informa­ The Commissioner is forming two ad­ reasoning and factual analysis warrants tion Service (NTTS), 5285 Port Royal ditional panels, for obstetrical and the conclusion that no genuine and sub­ Road, Springfield, VA 22151.) gynecological devices and for gastroin­ stantial issue of fact precludes the with­ The Cooper committee recommended testinal and urology devices. drawal of approval of the application, the an immediate, systematic review of ex­ Notice is hereby provided for all in­ Commissioner will enter an order of with­ isting medical devices, and classification terested persons to nominate qualified drawal making findings and conclusions of these devices into three categories: physicians, engineers, or scientists to on such data. (1) Those requiring premarketing clear­ serve on each of these two panels. If, upon the request of the new animal ance, (2) those for which standards Nominations for these qualified experts drug applicant or any other interested would be appropriate, and (3) those are invited from individuals and from person, a hearing is justified, the issues which should be exempt from prémar­ consumer, industry, and professional or­ will be defined, an administrative law keting review and standards. The Secre­ ganizations, and should be sent to: tary requested that the Commissioner of judge will be named, and he shall issue, Dr. Carl W . Bruch, as soon as practicable after August 16, Food and Drugs immediately undertake Food and Drug Administration, 1973, a written notice of the time and an industry-wide inventory of existing Office of Medical Devices (CM -120), place at which the hearing will com­ medical devices, and their classification 5600 Fishers Lane, mence. All persons interested in identical, into the above three categories, pending Rockville, MD 20852. introduction and enactment of appropri­ Nominations must state that the per­ related, or similar product® covered by ate new medical device legislation. the NADA will be afforded an oppor­ son nominated is aware of the nomina­ tunity to appear at the hearing, file In 1972, an inventory of existing med­ tion, is interested in becoming involved briefs, present evidence, cross-examine ical devices was developed. Information in this effort, and appears to have no witnesses, submit suggested findings of for this inventory was obtained by send­ conflict of interest. A complete curric­ fact, and otherwise participate as ¡a ing questionnaires to over 4000 address­ ulum vitae must be enclosed with each party. The hearings contemplated by this ees in the United States. From the ap­ nomination. Nominees shall be qualified notice will be open to the public except proximately 2000 replies received, 1100 by training, education and experience that any portion of the hearing that manufacturers in the United States were in the field of medical devices and have concerns a method or process the Com­ identified as supplying medical devices. particular expert knowledge in the missioner finds entitled to protection as From these manufacturers a list of ap­ specialty area concerned. proximately 8000 devices was developed. a trade secret will not be open to the The Commissioner has concluded that public, unless the respondent specifies The classification of devices which each panel should also include one non­ otherwise in his appearance. was requested by the Secretary has been voting representative of the consumer Requests for a hearing and/or elec­ initiated by dividing all devices into 14 interests, and one non-voting represent­ tions not to request a hearing may be separate categories generally based on ative of the regulated industry. Accord­ seen in the office of the hearing clerk medical specialties. These are: Ortho­ ingly, any group or organization inter­ pedics; cardiovascular; dental; anesthe­ ested in participating in the selection (address given above) during regular siology; obstetrical and gynecology; gas­ business hours, Monday through Friday. of an appropriate representative of the troenterology and urology; radiology; consumer interests or o f the regulated This notice is issued pursuant to pro­ neurological disease; ear, nose and visions of the Federal Food, Drug, and industry, for each o f the six panels throat; ophthalmology; plastic and gen­ designated above, is requested to write Cosmetic Act (sec. 512(e), 82 Stat. 343- eral surgery; physical medicine; clinical 351; 21 U.S.C. 360b(e)) and under the to Dr. Bruch stating this interest. After pathology; and general and personal use. receipt of all such letters, the Commis­ authority delegated to the Commissioner The Commissioner has established the (21 CFR 2.120). sioner will request that the interested first four panels to review and classify consumer groups and organizations and Dated: July 9, 1973. devices that fall within their respective industry groups and organizations con­ medical specialty areas. These panels sult among themselves and each desig­ S a m D . F i n e , are: Associate Commissioner nate a single non-voting member for each for Compliance, Orthopedics: panel. It will be the responsibility of the Victor H. Frankel, M.D., Ph.D. non-voting consumer and industry mem­ [PR Doc.73-14570 Filed 7-16-73;8:45 am] Charles H. Epps, Jr., M.D. Floyd J. Jergesen, M.D. bers of the panel to represent the con­ Jacquelin Perry, M.D. sumer and industry interests in all MEDICAL DEVICE CLASSIFICATION Albert H. Burstein, Ph.D. deliberations. PANELS Horace Grover, Ph.D. Cardiovascular : To be considered, nominations of ex­ Request for Nominations for Members John J. Collins, Jr., M D. perts to serve on the two panels now be­ In his message to the Congress on con­ Nina Starr Braunwald, M.D. ing formed, and letters from consumer sumer affairs on October 30, 1969, the Clarence Dennis, M.D. and industry groups and organizations Jerome Liebman, M.D. President requested the Secretary of Arthur Miller, Sc.D. expressing an interest in participating Health, Education, and Welfare, to de­ D en tal : in the selection of a consumer and an termine the scope and nature of addi­ John W. Stanford, PhD. industry non-voting member for each of tional legislative controls to protect the Garrett V. Ridgley, DD.S. public against unreasonable risk of in­ Robert B. Wolcott, DD.S., M.S. the six panels, must be received on or jury or illness from medical devices. The W . Arthur George, D.D.S. before September 1, 1973. Secretary established a Study Group on George E. Myers, D.D.S. The Commissioner has also determined Medical Devices for this purpose under David B. Mahler, PhD. Anesthesiology : that a procedure for the functioning of the chairmanship of Theodore Cooper, Leslie Rendell-Baker, M D. these panels should be published as a M.D., Director of the National Heart and James A. Meyer, M.D., LTC, MC proposal for comment in the F ederal Lung Institute. The Study Group com­ Eugene L. Nagel, M.D. pleted its report, entitled “Medical De­ Stanley W . Weitzner, M.D. R e g is t e r . Such a procedure is now in vices: A Legislative Plan,” in September Penelope Cave Smith, M.B. preparation and will be published in the 1970. (The report o f the Study Group is Arnold St. J. Lee, B.A. near future. Pursuant to this procedure, available for public review at the office The curriculum vitae of each panel an opportunity will be provided for all of the Hearing Clerk, Food and Drug member is available for public review at interested persons to present information

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 NOTICES 19061

and views to the panels for their con­ vide a detailed analysis of how the ve­ In view of motion filed by Applicant sideration in the classification process. hicle provides an overall level of safety dated July 10, 1973, to amend paragraph equivalent to or exceeding the overall (1) o f Board Order of June 15, 1973, and Dated: July 9,1973. level of safety of nonexempted motor the telephone conference calls between S a m D. P in e , vehicles, including (§ 555.6(d) (1) (iv)) the Parties and the Board on July 10 and Associate Commissioner the results of any tests conducted on the 11, at which time the Parties indicated far Compliance. vehicle demonstrating that its overall support of the motion, and since the Par­ [FR Doc.73-14571 Filed 7-16-73;8:45 am] level of safety exceeds that which is ties have demonstrated substantial achieved by conformance to the stand­ progress toward voluntary compliance of DEPARTMENT OF ards. No such analysis or test was sub­ discovery, the scheduled time for the'fil­ mitted by Citroen. In fact, the petition ing of certain second round discovery TRANSPORTATION provided no information at all on the requests, previously set for July 20, 1973, National Highway Traffic Safety overall level of safety of either the Cit­ is hereby suspended, pending further Administration roen SM or of any nonexempted vehicles. discussion at a prehearing conference to be held on August 2,1973. [Docket No. EX73-3; Notice 2] In the judgment of this agency, listing features such as power steering and hy­ Accordingly, the prehearing confer­ CITROEN dropneumatic suspension does not begin ence now scheduled for July 24, 1973, is Petition for Temporary Exemption from to satisfy the requirement of establish­ hereby postponed and rescheduled for Motor Vehicle Safety Standards ing an objective measure of a vehicle’s August 2, 1973, at 9:30 a.m., local time, The National Highway Traffic Safety overall level of safety. Indicating the at the U.S. Tax Court, Room 2142, 1111 Administration has decided to deny S. A. margin by which the performance levels Constitution Avenue, NW, Washington, Automobiles Citroen an exemption of its of individual standards are exceeded also D.C. 20044. adds little to the picture. In practical SM model from com pliance with the pen­ terms, all conforming vehicles must ex­ It is so ordered. dulum test requirements of Federal Motor The Atomic Safety and Licensing Vehicle Safety Standard No. 215, E xterior ceed those levels. The two central con­ cepts of this statutory basis are (1) over­ Board. * Protection. all levels of safety, and (2) comparison Issued at Washington D.C. July 11, Notice of petition for the exemption of the vehicle in question with other ve­ was published in the F e d er a l R e g is t e r hicles. It is true that these concepts may 1973. on May 14, 1973 (38 FR 12636), and an W a l t e r W. K. B e n n e t t , opportunity afforded for comment. Cit­ be novel and complex, but Citroen made Chairman. no attempt whatever to deal with them roen applied for exemption pursuant to [FR Doc.73-14509 Filed 7-16-73;8:45 am] section 123(a)(1)(D) of the National in its petition. Traffic and M otor Vehicle Safety Act Although for the above reasons the pe­ of 1966 (15 U.S.C. 1410(a) (1) (D )) which tition must be denied, and further issues [Dockets Nos. 50-440, 50-441] need not be reached, there appears to be requires it to demonstrate that to man­ DUQUESNE LIGHT CO. ET AL. date compliance with Standard No. 215 serious doubt as to whether Citroen has would prevent [it] from selling a motor adequately shown that requiring com­ Establishment of Atomic Safety and vehicle whose overall level o f safety is pliance would prevent the sale of the Licensing Board equivalent to or exceeds the overall level SM within the meaning of section 123 In the matter of Duquesne Light Co., of safety of nonexempted motor vehicles. (a) (1)(D ). Given the evident size and Ohio Edison Co., Pennsylvania Power In support of its petition Citroen listed competence of the petitioner, there is no Co., The Cleveland Electric Illuminating several features o f the SM vehicle for question that it is financially and tech­ Co., The Toledo Edison Co. nologically capable of bringing the SM which exemption was sought. These On July 11,1973, the Commission pub­ were: (1) A self-leveling hydropneumatic into conformity with the standard in question. Its position is that the cost of lished in the F e d er a l R e g is t e r , 38 FR suspension that provies constant vehicle 18481, a notice o f hearing to consider height and exceptional dynamic stability doing so is out of proportion with the quantity of vehicles produced and would the applications filed for construction (roadholding); (2) power steering With permits for the Perry Nuclear Power self-returning and self-centering capa­ be impossible to depreciate. Considering the wide variety of vehicles in all price Plant, Units 1 & 2. The notice indicated bility; (3) high pressure power brakes that the Safety and Licensing Board for with front-rear repartitioning; (4) very ranges whose manufacturers are assum­ ing the burden of achieving conformity, this proceeding would be designated at low center of gravity; and (5) a cruising a later date, and that notice of its mem­ speed in excess o f 125 m i/h . Citroen also the situation presented by Citroen does not appear to be a standard preventing bership would be published in the F e d ­ submitted figures intended to show that e r a l R e g is t e r . it exceeded the minimum requirements the sale of the SM, within the intended of several motor vehicle safety standards. meaning of the statute. Pursuant to the Atomic Energy Act of In order to achieve compliance, Citroen The Citroen petition is accordingly 1954, as amended, the regulations of Title seated that the fron t and rear ends of denied. 10, Code of Federal Regulations, Part 2 (Rules of Practice) and the notice of the SM would have to be redesigned, at (Sec. 3, Public Law 92-548, 86 Stat. 1159, 15 an estimated cost o f $1,183,000. This fig­ U.S.C. 1410; delegation of authority at 38 hearing referred to above, notice is ure does not include costs to redesign and F R 1 2 1 4 7 ). hereby given that the Safety and Licens­ ing Board in this proceeding will consist retest the vehicle’s cooling system. Be­ Dated: July 3,1973. cause of the vehicle’s low production, 19 of Dr. Frank F. Hooper, Mr. Gustave A. units a day for all markets, Citroen J a m e s E . W i l s o n , Linenberger, and John B. Farmakides, stated that it had no plans to bring the Associate Administrator, Esq., Chairman. Dr. George A. Ferguson SM into compliance with Standard No. Traffic Safety Programs. has been designated as a technically 215. Failure to obtain an exemption [FR Doc.73-14528 Filed 7-16-73;8:45 am] qualified alternate and John F. Wolf, would mean that Citroen would termi­ Esq., has been designated as an alternate nate its participation in the American ATOMIC ENERGY COMMISSION qualified in the conduct of administra­ market with respect to vehicles manu­ tive proceedings. factured on or after September 1, 1973, [Docket No. 50-269A, etc.] The positions and mailing addresses of since the SM is its only product cur­ DUKE POWER CO. the Board members are as follows: rently offered for sale. No comments were filed supporting the Order on Motion To Amend, and Resched­ 1. John B. Farmakides, Esq., Chairman, petition. Opposing the petition were the uling of Prehearing Conference an attorney member of the Atomic Safety and Licensing Board Panel, U.S. Atomic Center for Auto Safety and the State of In the matter of Duke Power Co. Energy Commission, Washington, D.C. 20545. Hawaii. (Oconee Units 1, 2, and 3; McGuire Units 2. Dr. Frank F. Hooper, School of Natural Section 123(e) of the Act and 49 CFR 1 and 2 ); Dockets Nos. 50-269A, 50-270A, Resources, University of Michigan, Ann 555.6(d) (1) require a petitioner to pro­ 50-287A, 50-369A, 50-370A. Arbor, Michigan 48104.

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19062 NOTICES

3. Mr. Gustave A. Linenberger, a technical Its standing committees, by subscription; prove the Agreement on an interim member of the Atoanio Safety and licensing to submit proposals to ATC for its con­ basis. We believe that this approach will Board Panel, U.S. Atomic Energy Commis­ sideration; to submit written views on sion., Washington, D.C. 20545. provide the Board with the fullest evi­ 4. John F. W olf, Esq., Alternate Chairman, matters pending before ATC and its dentiary record, provide for maximum Wolf, Sheehan & Wolf, 1015 18th Street, standing committees; and, in limited cir­ decisional flexibility, and permit a deci­ NW., Washington, D.C., 20005. cumstances, to appear in person at ATC sion on all facets of the ATC bylaws at 5. Dr. George A. Ferguson, Alternate, Pro­ meetings to present views. The Agree­ the same time. We note, in this connec­ fessor of Nuclear Engineering, Howard Uni­ ment also would permit action on ATC tion, that there are no objections to ap­ versity, Washington, D.C. 20001. mail votes to be stayed, in certain cir­ proval of the Agreement; on the con­ As provided in the notice of hearing, cumstances, if certain non-members of trary, those parties addressing them­ the date and place of a prehearing con­ ATC object to specific mail vote pro­ selves to the Agreement suggest that it ference and of a hearing will be sched­ posals. Agreement CAB 16485-A2 in its represents a step in the right direction. uled by the Board and will be published entirety, as well as the explanatory com­ Under all the circumstances, we find that in the F e d er a l R e g is t e r . ments filed by ATC with this agreement, approval of the agreement on an interim are attached hereto as an Appendix. basis would be in the public interest. Dated at: Washington, D.C., July 12, No objections to approval of this Our pendente lite approval, however^ 1973. Agreement have been received. should not be construed as a prejudg­ N a t h a n ie l H . G o o d r ic h , At the present , time the bylaws of ATC ment of any of the issues in the “Investi­ Chairman, Atomic Safety (Agreement CAB 16485) are under re­ gation” (including the proper extent of and Licensing Board Panel. view in the “ATC Bylaws Investigation,” non-member participation in ATC delib­ [FR Doc.73-14529 Filed 7-16-73;8 :45 am] Docket 23542. Public hearings have re­ erations) and such approval is expressly cently been concluded, briefs have been conditioned upon the Board’s right to submitted to the Administrative Law disapprove or otherwise modify the [Docket No. 50-363] Judge, and supplemental briefs were re­ agreement at the end of the “Investiga­ JERSEY CENTRAL POWER & LIGHT CO. cently filed on June 29, 1973. Among the tion.” As conditioned,, it is found , that Assignment of Members of Atomic Safety issues in the “Investigation” is the ques­ temporary approval of Agreement CAB and Licensing Appeal Board tion of whether ATC procedures afford 16485-A2 is in the public interest. non-members adequate notice of pending In the matter of Jersey Central Power ATC proposals and adequate opportu­ Accordingly, it is ordered, That : & Light Co. (Forked River Nuclear Gen­ nity for non-members to participate in 1. The m otion of ATC for consolidation erating Station, Unit No. 1). ATC deliberations. be and it hereby is granted; Notice is hereby given that, in accord­ By motion filed June 12,1973, the Con­ 2. Agreement CAB 16485-A2 be and it ance with the authority in 19 CFR § 2.787 ference has requested that the Board hereby is temporarily approved ; 1 (a), the Chairman of the Atomic Safety consolidate the Agreement with the “In­ 3. The approval granted in ordering and Licensing Appeal Panel has assigned vestigation” since the Agreement repre­ paragraph 2 may be amended or revoked the following panel members to serve as sents a fundamental amendment of the in the discretion of the Board without the Atomic Safety and Licensing Appeal ATC bylaws with respect to third-party hearing. Board for this proceeding: participation which should be examined This order shall be published in the Alan S. Rosenthal, Chairman as part of an orderly completion of the Dr. John H. Buck, Member Board’s decision-making process in the F e d er a l R e g is t e r . Michael C. Farrar, Member “Investigation.” The Conference argues By the Civil Aeronautics Board. further that the basic issues regarding Dated: July 11, i973. [ s e a l ] * E d w i n Z . H o l l a n d , the Agreement are already part of the Secretary. M a r g a r e t E. Dtr F l o , “Investigation,” that the same parties Secretary to the are involved, and that consolidation will Appendix Appeal Board. be conducive to the proper dispatch of AIR TRAFFIC CONFERENCE RESOLUTION [FR Doc.73—14530 Filed 7-16-73;8:45 am] the Board’s business and will not unduly N O N -M E M B E R PARTICIPATION IN ATC MATTERS delay the proceeding. Answers to the mo­ CIVIL AERONAUTICS BOARD tion have been filed by the American Resolved, that, Effective 30 days after ap­ proval by the Civil Aeronautics Board: [Docket No. 23542; Order 73-7-41] Society of Travel Agents (ASTA), the National Passenger Traffic Association, 1. Subject to concurrence of the Board of ATC BYLAWS INVESTIGATION AND AIR Directors of the Air Transport Association, and the Bureau. They do not oppose con­ the By-Laws of the Air Traffic Conference are TRAFFIC CONFERENCE OF AMERICA solidating the agreement for final deci­ amended in the following respects: Order of Temporary Approval and Consoli­ sion in the “Investigation” in view of the A. Add the following language to the end dation Regarding Non-member Partici­ identity of the issues, but request that of Article IX , paragraph A: pation in ATC Matters the Board approve the agreement on an Provided, further, however, that if the Ex­ interim basis so that consolidation does ecutive Secretary receives a timely written Adopted by the Civil Aeronautics not result in delay. The National Air objection from any person who is permitted Board at its office in Washington, D.C., to appear in person before the Conference Transportation Conference (NATO op­ pursuant to regulations adopted by the Con­ on the 11th day o f July 1973. poses the motion on the ground that The Air Traffic Conference of America ference under the provisions of paragraph D consolidation would lead to significant of Article IX , stating in detail the reasons for (ATC) has filed with the Board, pursu­ delay and that there are no public in­ such objection, the provisions of this para­ ant to section 412 (a) o f the Federal Avia­ terest considerations sufficient to war­ graph allowing committee recommendations tion Act (49 UJS.C. 1382(a) ) and Part rant the requested consolidation. NATC to become automatic Conference action shall 261 of the Board’s Economic Regulations nonetheless argues that the agreement be stayed until the Executive Committee re­ (14 CFR Part 261), amendments to the represents a “constructive step” and that views thè objection. If in the opinion of the bylaws of ATC and a resolution entitled Executive Committee the objection should be there need be no conflict between routine discussed by the Conference, the resolution "Participation by Non-Members in Air Board action under a non-hearing pro­ Traffic Conference Meetings.” These may be included on the Conference agenda cedure and Ultimate disposition of the for action, or discussion, at the discretion of amendments and this resolution^ have “Investigation” by the Administrative the Executive Committee; otherwise the pro­ been designated Agreement CAB 16485- Law Judge and the Board, including the cedures allowing for automatic Conference A2, and the Agreement is, by its terms, question of what conditions should be action shall operate as if there had been no to become effective 30 days after its ap­ ordered with respect to any approval of objection. proval by the Board. the ATC bylaws. The Agreement, briefly, would permit Upon consideration of the matters iSuoh approval shall continue only until non-members of ATC to obtain copies of presented, the Board has decided to grant 60 days after final Board action in the ATC the agenda and minutes of ATC and of the motion for consolidation and to ap­ Bylaws Investigation, Docket 23542-

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 NOTICES 19063

As stated in the minutes of the November B. A d d the following new paragraph “D” tion represents, the names and addresses of 16-17, 1972 meeting of the Air Traffic Con­ to A r t i c l e IX: its officers and directors and a showing of ference, a special three man committee was ‘‘D. The Conference may establish by res­ instances where it has represented users on appointed to consider non-member partici­ olution procedures governing the conduct of aviation issues. With respect to the right to pation in Conference matters. The accom­ its meetings including the method by which appear described in this paragraph, the fol­ lowing procedures shall be followed: panying resolution emanates from recom­ it will receive the views of persons outside of mendations of that committee. the Conference, and may, in accordance with 1. If an appearance is allowed under the Representatives of ART A, ASTA, NATC and Conference procedures, act upon matters terms of this paragraph for purposes of pre­ NPTA met separately with and presented presented by such persons during tt^e course senting a proposal or proposals, the non­ member proponent of such proposal (s) must their views to the committee during the de­ o f Conference business." furnish the Executive Secretary with a writ­ velopmental stage of the committee’s recom­ 2. The following resolution entitled “Par­ ten statement of his proposal(s) forty (40) mendations. ABTB was invited to attend but ticipation by Non-Members in Air Traffic days in advance of the Conference meeting its representative stated that their organi­ Conference Meetings” is adopted: at which such non-member is to appear. zation found the present means of coordi­ Participation b y N o n -M e m b e r s i n A i r 2. If an appearance is allowed under the nation and input to be satisfactory. Repre­ T r a f f ic C o n f e r e n c e M e e t in g s terms of this paragraph for the purpose of sentatives of AAA met separately with the submitting views on a matter pending on the ATC staff and their views were forwarded The procedures contained in this resolu­ Conference agenda, the non-member submit­ to the committee prior to the development of tion are in addition to and not in lieu of any ting such views must furnish the Executive the committee’s recommendations. In addi­ feting resolutions which provide for par­ Secretary with a written statement outlining tion an appointment was made to meet with ticipation by non-members in Air Traffic what such non-member intends to state in ACAP but its representative failed to keep Conference m eetin gs. his appearance no later than fourteen (14) the appointment. A. Any person shall have the right to re­ days in advance of the Conference meeting Most of the parties wanted to be heard ceive copies of the agenda of any and all at which such non-member is to appear. on matters affecting them, and wanted this standing committees and the Conference, 3. The written statements in 1 & 2 above to be done before final Conference action. pm.» vote proposals and the decision reached, must be in sufficient detail as to inform the The ATC adopted resolution on third party and the minutes of the standing working Executive Committee and the Members of participation fulfills these desires, while committees and the Conference. Provided, the substance of such proposal (s) or views. still, hopefully, leaving the Conference with that documents requested under this para­ 4. The total time allotted to all appear­ the flexibility it needs to carry on its work. graph shall be subject to those charges which ances before a Regular Conference Meeting In summary, the resolution, in addition to may be promulgated and assessed by the shall not exceed 25 percent of the aggregate participation areas presently covered by Executive Secretary fo r th e costs o f produc­ time scheduled for such Conference or not other Conference resolutions including the tion and distribution. The Executive Secre­ to exceed four hours, whichever is less. travel agency dialogue meetings, provides for tary shall send a reasonable nu m ber o f copies a. The apportionment of time for individ­ the following: of each and every document described in this ual appearance shall be determined by the 1. The agenda of the Conference and any paragraph to th e C iv il A eron au tics Board for Executive Secretary: Provided, however, T h a t of its standing working committees would its information and use. no individual appearance shall exceed 30 be made available to the public prior to the B. Any person may submit a specific writ­ minutes in any event, unless the Executive meeting concerned on a subscription basis ten proposal on any subject to the Executive Committee extends such time upon a show­ at a charge to cover the costs of production Secretary w ho sh a ll refer such proposal, ing of need, or the Conference extends such and distribution. The charge would be estab­ where appropriate, to a standing working time at its will. lished by the Executive Secretary. Copies of committee or the Conference within the b. The right to appear shall be limited to these agenda would also be filed with the terms of reference of such standing working the representative (s) of the non-member in CAB for its use. (Copies of Conference agenda committee or the Conference. A written re­ connection with and limited to his presen­ are presently sent to the CAB, but not prior sponse shall be provided to the proponent of tation or his statement of views. No other to Conference meetings.) the proposal upon request. Any person may person shall have such a right. 2. The Conference and standing working submit written views on any matter pending Provided, however, That the Executive committee minutes would be made available before any stan d in g w orking com m ittee or Committee of ATC, in its discretion, may to the public also on a subscription basis. the Conference. Provided, however, that any schedule a Special Meeting of the Confer­ (Copies of Conference minutes are presently document submitted to the Executive Secre­ ence in lieu of above rights to appear at sent to the CAB.) tary for consideration by any standing work­ a Regular Conference Meeting in order to 3. Written proposals could be made by any ing committee or the Conference shall be­ receive the proposal (s) or presentation of person to any standing working committee come the property o f th e M em bers and m ay any non-member. or to the Conference through a central point be used by any Member or Members in any Adopted: Air Traffic Conference Meeting, for decision as to where such proposals manner desired. May 3-4, 1973. By-law changes approved by should be directed. C. Any air carrier having a Certificate of ATA Board of Directors, May 16, 1973. 4. Written views could be made by any per­ Public Convenience and Necessity from the Effective: 30 days after approval of the son on any matter pending before any stand­ Civil Aeronautics Board to perform sched­ Civil Aeronautics Board. ing working committee of the Conference uled route air transportation, any associa­ Filed with the Civil Aeronautics Board by also to a central point to allow for proper distribution. tion composed substantially of carriers of letter dated May 29, 1973. passengers or cargo by air, any association 5. Non-member representative bodies and representing travel agents on a national E x p l a n a t o r y C o m m e n t s A T C R e s o l u t io n air carriers, as specifically defined, may ap­ basis, or any association which previously N o n -M e m b e r P articipation i n ATC M a t ­ pear in person at Conference meetings to demonstrates satisfactorily to the Executive t e r s make proposals, or to comment on proposals Committee that it actually represents a sub­ These comments are offered in explanation pending before the Conference which would stantial number of users of air transporta­ of the provisions of the accompanying reso­ have a direct impact on such non-member. tion on a national basis shall have the right lution of the Air Traffic Conference, adopted Procedural conditions on appearances were to appear in person subject to the approval at the May 3-4, 1973 Conference meeting, deemed essential and therefore written into the resolution so that on the one hand non- of the Executive Committee, with or through which establishes formalized procedures for members having important contributions counsel, at a Conference meeting for the ex­ the participation by non-members in ATC press purpose: matters. The resolution includes two amend­ could be heard, while on the other hand the (a) To present a proposal or proposals ments to the ATC By-laws, one of which work of the Conference would not be unduly disrupted or unreasonably expanded. which could otherwise be properly before the provides procedures for the stay of effec­ We believe the action by the Conference Conference for action, and on subjects which tiveness of unanimous recommendations of adequately provides for appropriate input to could be discussed without the need for prior standing working committee upon the re­ the Conference from non-members. Civil Aeronautics Board approval to dis­ ceipt of objection to such recommendations cuss, or, from certain parties. The other By-law [FR Doc.73-14574 Filed 7-16-73;8:45 am] (b) To present views on any pending mat­ amendment empowers the Conference to ter which the Conference has on its agenda establish procedures for non-member par­ for action. Provided, however, Prior written ticipation in Conference matters. In addi­ [Docket No. 23338; Order 73-7-28] showing is directed to the Executive Secre­ tion, the resolution also includes the spe­ tary of the Conference detailing how the cific procedures for such non-member INTERNATIONAL AIR TRANSPORT matter in question will have a financial or participation. ASSOCIATION property impact or will have an impact on On May 16, 1973, the ATA Board of Di­ Order Regarding Reduced Fares for Cargo the services rendered by or for such rectors approved the amendments to the Con­ Sales Agents non-member. ference By-laws, as required by Article XIV The demonstration required above shall be of those By-laws. The entire resolution will Adopted by the Civil Aeronautics in a d e in part by a written statement contain­ become effective thirty (30) days after ap­ Board at its office in Washington, D.C., ing the actual number of users such assoc ia- proval by the Civil Aeronautics Board. on the 10th day o f July 1973.

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19064 NOTICES

By Order 73-3-99, dated March 26, (AFFA) ; Emery Air Freight Corporation portation of its cargo sales agents and 1973 action was deferred on the subject (Emery) ; International Air Freight to prohibit basing reduced-fare ticket portion of an agreement, adopted by the Agents Association (IAAA) ; and the Na­ eligibility solely upon agent sales for International Air Transport Association tional Customs Brokers and Forwarders IATA carriers. (IATA), dealing with revision of the Association of America, Inc. (NCBFAA). AFFA opposes adoption of the pro­ basis upon which reduced-fare conces­ Pan American and TWA urge approval posed agreements as filed, and main­ sions for United States-based IATA of the proposed agreement.* TWA claims tains in general that past Board policy cargo agents are allocated. The general the new program represents significant towards foreign-based agents discrimi­ effect of the revision is to establish an improvement over the present system, al­ nates against U.S.-based cargo agents incentive program geared to agents' leges that allocation of reduced-fare and forwarders and acts to promote im­ productivity in place of the present allo­ tickets by agency location is obsolete ports and discourage exports contrary cation of a fixed number of tickets for since IATA now registers its agents by to national policy. AFFA asserts that a each agency location. Presently, each country rather than by individual lo­ com plete reversal o f past Board deci­ IATA-approved agency location receives cation and that in any event the num­ sions is needed to eliminate the compet­ two tickets annually, at a 75-percent dis­ ber of locations is not a reliable index itive advantage accorded foreign-based count from the otherwise applicable air of growth and progress in air cargo sales. cargo agents and forwarders and that fare. The new proposal entitles eaeh Both carriers contend that sales volume U.S. and foreign-based cargo agents and agency registered in a particular country is more clearly related to the agent’s ac­ forwarders should be put on an equal to two 75-percent discount tickets re­ tual travel requirements since it is a relia­ basis. Specifically, AFFA contends that gardless of the number of locations it ble index of productivity and that the in­ the instant agreement is not prompted operates. The new productivity feature stant agreement, since it is geared to by, a real need for change; that the would allot two additional tickets at a cargo sales productivity, is an equitable changes proposed result from problems 50-percent discount of the applicable system of allocating reduced-rate au­ associated with IATA’s internal admin­ first-class or normal economy fare for thorizations. istrative changes; that IATA carriers each 100 percent (or fraction thereof) by Pan American maintains that the have arbitrarily reduced the discount to which an agent’s total international sales amount of actual reduced-fare travel by 50 percent for tickets awarded under the exceed the annual average for the coun­ cargo agents would not materially in­ productivity feature; that the burden try of registration.1 The maximum an­ crease or decrease under the new agree­ falls upon IATA to justify these changes; nual allowance of these tickets would be ment, since many multi-location agents that the current system satisfied Board set at 40. are also among the most productive sin­ requirements that such fares for agents Action on the resolution was deferred gle location agents; that opportunities be related to their need for business for a 30-day period3 in order to allow for such travel would increase somewhat travel and the likelihood of promoting time for the carrier parties to submit for productive single location agents; air cargo traffic; that the new formula data relating to the numbers of reduced- and that the reduced discount available unjustly discriminates against cargo fare tickets issued under the existing would hot adversely affect the cargo agents and forwarders in favor of pas­ system in 1972 and estimates of issuance agent’s business travel plans, since busi­ senger agents who receive more reduced- had the proposed system been in effect, ness itineraries are generally brief and fare tickets under a different formula; and to grant interested persons and par­ tightly scheduled thus preventing cargo and that the proposed formula would ties an opportunity to comment on the sales agent use of discount fares avail­ wreak great hardship on U.S. forwarder/ resultant effect of the resolution on the able to tourists. agents due to decreased tickets received number of reduced-fare tickets available Seaboard opposes the agreement. While and discounts offered. to individual agents or on the cargo indicating that reduced-fare travel for AFFA urges, at a minimum, retention agency industry as a whole. cargo agents is an effective market de­ of the status quo but recommends adop­ Data and/or comments have been re­ velopment tool, Seaboard feels that the tion of similar allocation procedures as ceived from Compagnie Nationale Air proposed agreement is inherently dis­ afforded foreign cargo agents (except France (Air France); American Airlines, criminatory and will penalize IATA reduced-fare tickets for spouses). Alter­ Inc. (American); Delta Air Lines, Inc. agents selling for Seaboard since these natively, AFFA suggests two 75 percent (Delta); Eastern Air Lines, Inc. (East­ sales will not be included in the produc­ discount tickets plus additional 75-per­ ern) ; The Flying Tiger Line Inc. (Flying tivity base for ticket allotment thus re­ cent discount tickets per each additional Tiger); Lufthansa German Airlines ducing Seaboard’s sales and increasing $500,000 gross billings; or two 75-percent (Lufthansa); Northwest Orient Airlines, sales of Seaboard’s IATA competitors, discount tickets per qualified employee. Inc. (Northwest); Pan American World and that its overall competitive position AEI, Emery, IAAA, and NCBFAA like­ Airways, Inc. (Pan American); Trans will be impaired. Seaboard also claims wise express opposition to the instant World Airlines, Inc. (TW A); Seaboard that the existing reduced-fare system is agreement, citing objections and recom­ World Airlines, Inc. (Seaboard); Air Ex­ discriminatory since, as a non-IATA all­ mendations similar to those expressed by press International Corporation (AEI) ; cargo carrier, it cannot itself provide re­ AFFA. Additionally, AEI and Emery Air Freight Forwarders Association duced-fare passenger transportation for especially advocate equal treatment for its sales agents and carriers able to per­ air freight forwarders vis-a-vis U.S. cargo agents. Specifically, Emery states 1 Country averages, as well as each agent.’s form such service are generally IATA allotment, are to be determined by the IATA members and will not honor Seaboard’s that sales generated as an air freight Agency Administrator on the basis of annual requests for reduced-fare carriage, and forwarder will not count in their produc­ reports already required of each agent under alleges that past Board refusal to condi­ tivity base with consequent reduction in terms of the IATA Cargo Agency Agreement. tion a reduced-fare resolution for trans­ their reduced-fare tickets. Finally, $1,000,000 would be used as the average for portation of foreign-based cargo agents NCBFAA alleges the proposed agreement any country whose actual average exceeds to require IATA carriers to honor Sea­ discriminates against the small-volume that amount. Reports submitted for a given board requests for such carriage has hurt agent in favor of the large-volume agent year would be used to calculate quotas for and will reduce the small agent’s travel the following year. its westbound business/ The carrier, 2 We shall also herein act upon an IATA therefore, requests the Board to impose opportunity.to expand cargo traffic; and resolution dealing with reduced-fare con­ conditions requiring IATA carriers to therefore recommends that all U.S. cargo cessions for foreign-based IATA cargo agents. honor reduced travel requests for trans- agents be given equal travel rights. This resolution allows each agent registered Upon consideration of the comments for a specific country to be issued two 75- and data received, the Board reiterates percent discount tickets by each carrier per * American has filed comments in support its view that continuation of a program year; a maximum of 40 75-percent discount of TWA’s position. tickets under the productivity feature, based 4 See Order 72-8-99, dated August 23, 1972 granting reduced-fare concessions to upon commissionable sales; 20 additional in which the Board disposed of Seaboard’s cargo agents is warranted. The produc­ 50-percent discount tickets; and includes petition to reconsider Order 72-5-59 approv­ tivity feature incorporated in the instant reduced-fare travel provisions for spouses of ing reduced-fare transportation for foreign- agreement seems to conform sufficiently IATA-approved cargo agents. based cargo agents. with previously-stated Board policy that

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 NOTICES 19065 a system of reduced-fare concessions sales; therefore, air freight forwarder rier party to the agreement has provided should be closely related to actual busi­ consolidations (under their own tariffs rationale as to why the discounts and the ness requirements of each agent in the and waybills) would appear not eligible fares upon which they would be based promotion of air cargo transportation. for inclusion in the productivity base. It should Vary. Turning first to claims by various par­ has iong been the Board’s opinion that Historically, all reduced-rate tickets ties that approval of the differing reso­ those acting in their own behalf as an air have been authorized at a 75-percent dis­ lutions pertaining to U.S.-based cargo freight forwarder should not be granted count from the otherwise applicable air agents and. to foreign-based cargo agents free or reduced-rate transportation since fare. While it appèars that the total al­ would discriminate against the former such transportation would constitute an location of reduced-fare tickets would not in favor of the latter,, the Board, has his­ unlawful refund or remittance of valu­ materially change under the new con­ torically declined to exercise jurisdiction able consideration to a special class of cept, the agents receiving reduced-rate over foreign-based cargo agents noting ^shipper.5 We believe it consistent with tickets under the productivity aspect of that they operate under differing laws this position that sales generated by an the program would be required to pay and that their activities are more appro­ agent acting in this capacity should be more for their transportation than pre­ priately the concern of their respective excluded from the productivity base viously. In the absence of information governments. The Board has aiso noted, upon which reduced-fare tickets would from the carriers, we are unable to dis­ to a lesser degree, the practical difficul­ be extended. cern any circumstances which would ties of enforcement. Moreover, to require Seaboard urges that the Board require warrant such an increase in total cost more restrictive standards, with respect extension of the reduced-fare privileges to the agent for what is essentially the to travel into the United States, in order granted IATA agents to agents acting on same amount of reduced-rate travel. Ac­ to achieve uniform ity among agents mov­ behalf of non-IATA carriers; specifically, cordingly we will condition our approval ing in “air transportation” as defined by we are requested to condition our ap­ of the agreement to require that all the Act could serve to create a greater proval of the resolution so as to require tickets granted under the resolution incentive for the sale of cargo transpor­ IATA carriers to honor Seaboard’s re­ shall be based on the same discount; i.e, tation between other countries and thus quests for reduced-fare carriage for 75 percent of the otherwise applicable negatively affect U.S. interests. There­ agents acting in its behalf and to require fare. fore, we shall herein approve that por­ inclusion of sales by these agents in the The Board, acting pursuant to sections tion of the agreement dealing solely with productivity base for ticket allocation. 102, 204(a) and 412 o f the Act, does not IATA cargo agents based outside the We can perceive no basis from the com­ find that the following resolutions, which U.S., subject to standard conditions. ments received to go beyond the issue are incorporated in the agreement as in­ Nor are we persuaded that differences here before us, that is the issue of dicated, are adverse to the public interest in the allocation of reduced-fare tickets whether or not the IATA carriers’ pro­ or in violation o f the A ct: Provided, That between cargo sales and passenger sales gram for agents acting on their behalf is approval is subject to the conditions agents constitute a discrimination. It a reasonable one. Seaboard has not stated herein; would appear to us that such differences demonstrated injury and, in view of past stem from variations between the two usagf of reduced-fare tickets, it does not Agreement IATA activities, in the nature of customers, C.A.B. No. Title Application appear that these privileges are of such 23616 businesses, and employees. We do not significance as to create an unfair com­ perceive any basis at this time on which petitive situation vis-a-vis IATA car­ R-3 203a... Reduced Fares for i; 2:3; 1/2; to require identical allocation systems riers. In the last analysis, the agents’ Cargo Agents 2/3; 3/1; for IATA cargo sales and passenger sales . reward stems from commissions on their (U.S.A. Only). 1/2/3. agents. sales and profits from their activities. As to the contention of NCBPAA that Moreover, we would think it irrational Provided that with respect to Resolu­ the agreement would discriminate for IATA carriers to deny IATA-approved tion 203a: against small agents, we believe that agents reduced-fare transportation be­ (1) Free or reduced-rate transporta­ evaluation of data submitted by the air­ cause those agents also act in behalf of tion for United States-based agents shall lines indicates that the reverse is more non-IATA carriers. Such practice would be limited to the extent permitted by the likely to occur. According to data sub­ constitute a patent demonstration that provisions of Resolution 203a and shall mitted by the IATA carriers, the loca­ the basic reduced-fare program is ma­ not be provided under entertainment or tion allocation would afford approxi­ nipulated for purposes having nothing to instruction provisions of other cargo mately 355 agents two 75-percent tickets do with the development of the air trans­ agency resolutions, e.g., Resolution 810b— and 76 agents more than two tickets. portation cargo market, but instead rep­ Section J, and Resolution 811b— Para­ Under the productivity concept 343 resent a manipulable reward system con­ graph ( 1) (e) ; agents would receive two tickets while trary to Board policy. Nevertheless, in (2) All reduced-rate transportation au­ 88 agents would receive more than two. order to make explicit our understand­ thorized under the provisions of the res­ Moreover, the total number of tickets ing that an IATA agent who also holds olution shall be provided at a discount accorded agents registered by country is appointments from non-IATA carriers of 75 percent of the otherwise applicable expected to increase from 1406 to 1484. shall not be excluded or limited from fare; and We also note that of a total 1706 tickets obtaining reduced-fare transportation on authorized in 1972 (including 320 tickets IATA carriers because of such appoint­ (3) Notwithstanding any provision or for 160 agents still registered under the ment, we will attach appropriate condi­ interpretation of said resolution, IATA- location concept) only 34.5 percent or tions to our approval of the resolutions. àpproved agents shall not be precluded 590 were actually used, indicating that or limited in obtaining reduced-fare Finally we come to the question of the transportation on IA'TA carriers because U.S.-based IATA cargo sales agents are percentage discount to be offered. As in­ not utilizing all the tickets available to such agents act pursuant to appoint­ dicated, the two regular tickets allocated ments received from non-IATA carriers. them under the present system. . annually to each agent on a country-of- Although TWA indicates that sales registration basis are to be discounted 75 Agreement IATA generated by an agent in his capacity as percent from the otherwise applicable C.A.B. No. Title Application an air freight forwarder, which are not fare. However, the tickets granted in pro­ 23616 commissionable, would be included in the portion to an agent’s productivity would productivity base for purposes of allo­ be discounted only 5P percent, and that R -4-—...... 203c— Reduced Fares for 1; 2; 3; 1/2; cating reduced-fare tickets, our exami­ only from the full normal fare. Several Cargo Agents 2/3; 3/1; nation of the agreement suggests other­ objections specifically directed at this (Except U.S.A.). 1/2/3. wise. The agreement specifically states issue have been raised, and no U.S. car- that determination of average sales must Provided, That with respect to Res­ be in accordance with the provisions of 8 International Airfreight Forwarder In­ olution 203c; IATA Resolution 821, Subparagraph (5) vestigation, 27 C.A.B. 658, 663-667, decided (1) Approval of the provisions em­ (e>, which refers only to commissionable November 6, 1958. bodied in said agreements, insofar as they

No 136— Pt I____ 9 FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19066 NOTICES are applicable in air transportation as (ELR ORDER # 31118) (NTIS ORDER # EIS Tennessee defined by this Federai Aviation A ct o f 73 1118D) The statement refers to the proposed issu­ Little Slate Creek, Nezperce National 07/05 ance of a full-term (5-year) special Nuclear 1958, shall noti; be construed as: Forest Materials License to U S . Nuclear, Inc. for (a) An exemption from the require­ Idaho the operation of a fuel element fabrication ments of filing tariff provisions as a con­ Proposed is the implementation of the Little plant. The facility will have on site at any dition precedent under section 403 of the Slate Creek Unit Plan,-which calls for multi­ given time a maximum of 100kg of U-235. Federal Aviation A ct o f 1958 to the is­ ple use management of 43,690 acres of the Only unirrigated uranium will be processed suance of passes to any person described Little Slate Creek Drainage District, Nez­ There will be discharge of small quantities in said agreements; perce National Forest. Recommended in the of chemicals and uranium to the nearby (b) A determination as to whether a plan is development beginning with the environs. (135 pages) harvest of 193 million board feet of mature COMMENTS MADE BY: AHP USDA COE violation of Section 404 of the Federal timber over a 15 year period and the con­ DOC BEW HUD DOI DOT EPA FPC TV A Aviation Act o f 1958 would result from struction of a mid ^elevation main access (ELR ORDER # 31095) (NTIS ORDER # the issuance of passes pursuant to such route through the drainage. Adverse impact EIS 73 1095F) agreements whether or not tariff provi­ will include the loss of roadless qualities, in­ D epartment of Commerce sions applicable thereto have previously creases in soil disturbance, and increased been filed with the Board; and hazard to water quality. (80 pages) Contact: Dr. Sidney R. Galler (c) An, exemption from the provisions (ELR ORDER # 31121) (NTIS ORDER # EIS Deputy Assistant Secretary for 73 1121D) Environmental Affairs of the Board’s Economic Regulations re­ Multiple Use, North Bridger Mountains, 07/05 Department of Commerce lating to tariffs for free or reduced-rate Gallatin N.F. Washington, D.C. 20230 transportation; and Montana (202) 967-4335 County: Gallatin (2) Notwithstanding any provision or Economic D evelopment Administration interpretation of said resolution, IATA- Proposed is the implementation of a Multiple approved agents shall not be precluded Use Management Plan for the North Bridger Draft Date or limited in their obtaining reduced- Mountains, Bozeman Ranger District, Gal­ Yamhill County Bridge 07/03 latin National Forest. Total area is 60,000 Oregon fare transportation on IATA carriers be­ acres, of which 42,000 acres is National Forest County: Yamhill cause such agents act pursuant to ap­ lands. Included will be construction of a new Proposed is the construction of a bridge and pointments received from non-IATA road and improvement of others, harvesting connecting approaches across the Willamette carriers. of timber, and maintaining roadless areas. River at Mile 62.8. Approximately 84 acres Accordingly, it is ordered, That: Five thousand acres of roadless area will be of land will be committed to the project. lost; there will be a loss of game cover and (225 pages) » Agreement C.A.B. 23516, R-3 and R-4, increases in soil disturbance. (40 pages) (ELR ORDER # 31106) (NTIS ORDER # EIS be and hereby is approved subject to the (ELR ORDER # 31116) (NTIS ORDER # EIS 73 1106D) conditions stated herein. 73 1116D) This order will be published in the Final D epartment of D efense F ederal R egister. Bitterroot National Forest 07/06 Contact: Mr. Robert L. Gilliat Montana Office of General Counsel By the Civil Aeronautics Board. County: Ravalli Room 3E977 The statement considers the implementation Department of Defense [ seal! E d w in Z . H olland, of a revised Multiple Use Plan for the Moose The Pentagon Secretary. Creek Planning Unit of the Forest. The plan Washington, D.C. 20301 [FR Doc.73-14575 Filed 7-16-73;8:45 am] considers the construction of roads and the (202) OX 5-3272 cutting (including clearcutting) of timber Final Date in selected sections of 20,000 acres of Forest, Air Installations Compatible Use Zones 07/02 COUNCIL ON ENVIRONMENTAL and management for recreation in others. QUALITY The plan will affect water and air quality The proposal is the publishing of a policy (the latter due to the burning of log slash), which would recognize the characteristics of ENVIRONMENTAL IMPACT STATEMENTS natural landscapes, and wildlife habitat. air installations operations as incompatible List of Statements Received (177 pages) with certain possible land uses in the vicinity COMMENTS MADE BY: EPA of the installation. The policy would define Environmental impact statements re­ (ELR ORDER # 31130) (NTIS ORDER # EIS the methods by which compatible use zones ceived by the Council on Environmental 73 1130F) may be determined and delineated, and re­ quire that the Military Departments develop Quality from July 2 through July 6,1973. A tom ic Energy Co m m issio n programs to establish compatible use zones. Note: At the head of the listing of state­ Contact: For Non-Regulatory Matters: Methods would range from local zoning, ment received from each agency is the name Mr. Robert J. Catlin, Director, through state legislation, and acquisition of of an individual who can answer questions .Division of Environmental Affairs restrictive easements or fee title by the Fed­ regarding those statements. Washington, D.C. 20545 eral Government. The establishment of com­ D epartment op Agriculture (202) 973-5391 patible use zones would promote the develop­ For Regulatory Matters: ment of non-poise sensitive activities in the Contact: Dr. T.C. Byerly Mr. A. Giambusso, Deputy Director high noise area. (140 pages) Office of the Secretary for Reactor Projects, Directorate COMMENTS MADE B Y : EPA DOC HEW HUD Washington, D.C. 20250 of Licensing DOI DOT (202) 447-7803 (202) 973-7373 (ELR ORDER #i 31098) (NTIS ORDER # EIS Forest Service Washington, D.C. 20545 Draft Date Draft Date 73 1098F) Northern Region’s Slash Disposal 07/05 Nine Mile Point Nuclear Station 07/05 Department of Defense, Ar m y Corps Program New York The statement discusses the Northern Re­ Contact: Mr. Francis X . Kelly Proposed is the conversion of the current Director, Office of Public Affairs gion’s Slash Disposal Program. Slash treat­ provisional operating license, held by the ment options include: treatment with pre­ Attn: DAEN-PAP Niagara Mohawk Power Corporation, to a full Office of the Chief of Engineers scribed fire; mechanical treatment; isola­ term license. Unit 1 of the Station employs tion and/or limited treatments; and no U.S. Army Corps of Engineers a boiling water reactor to produce 1850 MWt, 1000 Independence Avenue, S.W. treatment. Adverse impact may occur to air from which 610 MWe (net) are generated. quality and soil stability. (ELR ORDER Washington, D.C. 20314 Exhaust steam is cooled.by a once-through '# 31110) (NTIS ORDER # EIS 73 1110D) (202) 693-7168 flow of water from Lake Ontario, with dis­ Draft Date Winter Park Management, Arapaho- 07/05 charge at 6 degree above ambient. Transmis- National Forest .sion line right-of-way has required 1640 Pottstown Flood Protection Project 07/03 Colorado acres. (196 pages) Pennsylvania County: Grand (ELR ORDER # 31109) (NTIS ORDER # EIS The proposed project consist of 2 miles of The statement refers to the management of 73 1190D) channel improvements in the Schuykill River the Winter Park Management Unit of the Arapaho National Forest, in order to protect Final and removal of a construction in Manatawny Its suitability for winter sports activities, Oak Ridge Consolidated Industrial Creek which exists under High Street Bridge. and to expand its capacity. (44 pages) Paris: 07/02 Loss of aquatic life will occur. (24 pages)

FEDERAL REGISTER, V O L 38, NO . 136— TUESDAY, JULY 17, 1973 NOTICES 19067

(ELR ORDER #131105) (NT1S ORDER # EIS County: Broward B ureau of Outdoor R ecreation 73 1105D) The proposed action is the construction of Final Date Hay Creek, Birdsboro 07/05 a larger and more advanced sewage collection Transmission Line, Lake Tahoe State Pennsylvania and treatment system. Total capacity will Park 07/03 C o u n t y : Berks be expanded from 19.5 MGD to 38 MGD. Nevada The proposed project is the construction of Among the project measures are: m ulti- The proposed project is the construction of le v e e s and floodwalls along portions of Hay media filtration, nitrification, and breakpoint 16 miles of 120 kV overhead transmission line, C r e e k . East Main and East First Street chlorination at the Port Everglades and Coral from Carson City, across Lake Tahoe State B r i d g e s will be raised by 9 and 7 feet re­ Ridge Plants; redirection of the flow from Park, to Incline Village. The line will ad­ spectively, to accommodate the levees and the Executive Airport Plant to north versely affect the scenic and recreation values floodwalls. An increase in water turbidity Broward; interconnection among several of the part. (95 pages) w i l l occur. (32 pages) plants; and related work. Completion of the COMMENTS MADE B Y : USDA COE EPA DOI (ELR ORDER # 31114) (NTIS ORDER #i EIS project will allow continued area population (ELR ORDER # 31107) (NTIS ORDER # EIS 73 1114D) growth. (The statement “Ocean Outfalls and 73 1107F) Final Other Methods of Treated Wastewater Dis­ D epartment of T ransportation Tred Avon River, Maryland 07/05 posal in Southeast Florida,” NTIS # EIS 73 Maryland 049IF, 3/22/73, should be considered part of Contact: Mr. Martin Convisser, Director C o u n t y : Talbot the statement by reference.) Office of Environmental Quality The proposed project is the hydraulic dredg­ COMMENTS MADE BY: USDA HUD HEW 400 7th Street, S.W. ing of a channel in the Tred Avon River for DOI (ELR ORDER # 31100) (NTIS ORDER Washington, D.C. 20590 navigation purposes. The project will disturb # EIS 73 HOOF) (202) 466-4357 or remove benthic organisms, such as oysters F ederal Aviation Administration and clams; temporarily increase turbidity G eneral Services Administration Draft Date and silt load of the rivers; and remove 57 Contact: Mr. Rod Kreger acres of agricultural land for spoil, thus de­ Acting Administrator Boston Logan International Airport 07/06 Massachusetts stroying the wildlife habitat. Increases in GSA-AD noise will occur. (62 pages) Washington, D.C. 20405 The proposed project is to improve the in­ strumentation of Runway 15R by providing COMMENTS MADE BY: USDA USCG USN (202) 343-6077 optimum siting for the electronic components DOC EPA (ELR ORDER # 31122) (NTIS Final Date of the Instrument Landing System (ILS) and ORDER # EIS 73 1122F) Dwight D. Eisenhower Library 07/05 to install additional visual and electronic Willamette and Columbia Rivers 07/05 Kansas Washington Oregon navigational aides. The project will claim 40 County: Dickinson acres of marsh and with it marinelife. An in­ The statement refers to the proposed con­ The proposal is for major improvements crease in water pollution will occur. (58 struction of a 40' deep navigation channel, at the Dwight D. Eisenhower Library. In­ pages) (1600' wide), at Slaughters Bar; and a cluded are the acquisition of land; the con­ (ELR ORDER # 31131) (NTIS ORDER # EIS 40' x 1200' turning basin at Longview Bridge. struction of additional parking facilities; 73 1131D) Dredged spoil will be deposited at Lord Is­ the construction of a Visitors’ Center; and land, Slaughters Bar, and Howard Island (at the completion of landscaping. These are in­ Federal High w ay Administration 3.1 million cu. yds. initially and 450,000 cu. tended to accommodate the increasing num­ Draft Date yds. annually thereafter). Approximately 509 ber of visitors. 'There will be adverse impact County Highway 30 and Ala. Route 229 07/05 acres of wildlife habitat will be lost to the from construction disruption. (63 pages) Alabama project. County: Macon Elmore (68 pages) COMMENTS MADE B Y : AEC USDA DOT EPA Proposed is the continuation of Macon COMMENTS MADE BY: USDA USCG DOI GSA HUD2 DOI (ELR ORDER # 31113) County Highway 30 to Milstead and the re­ DOT EPA (ELR ORDER # 31123) (NTIS (NTIS ORDER # EIS 73 1113F). construction of Alabama Route 229 from M il- ORDER # BIS 73 1123F) Courthouse and Federal Office 07/03 stead to Tallasee. Total length of the project is approximately 9.47 miles. Approximately Environment Protection Agency Building, Dayton Ohio 195 acres of agricultural land will be com­ Contact: Mr. Sheldon Meyes The statement refers to the construction of mitted to the project; one tenant family will Director, Office of Federal Activi­ a new Courthouse and Federal Office Build­ be displaced. (15 pages) ties ing in Dayton. The building will accommo­ (ELR ORDER # 31120) (NTIS ORDER # EIS Room 3630 Waterside Mall date the U.S. Courts, a postal station, and 73 1120D) Washington D.C. 20460 twelve other Federal agencies. The facility U 8 . Highway 30, Nebraska 07/02 (202) 755-0940 will have a gross area of approximately 162,- Nebraska Draft Date 000 square feet in nine stories and a base­ County: Dawson Sewage Treatment Plant, Fulton and Cobb ment, and will house approximately 440 em­ The project involves the reconstruction of Counties 07/06 ployées. (60 pages) 1.84 miles of US 30 through the City of Lex­ Georgia ington. The reconstruction involves substi­ COMMENTS MADE B Y : AHP USDA AEC Counties: Fulton, Cobb tuting a storm sewer for existing open drain­ DOC EPA HEW HUD DOI DOT (ELR ORDER The statement refers to projects-which have age ditches; constructing a 4-lane divided been funded or are proposed for' funding. # 31102) (NTIS ORDER # EIS 73 1102F) and undivided roadway section in place of Included are interceptor sewers, pumping Department op I nterior the 2-lane rural roadway section; and pro­ stations and force mains, and expansions viding a sidewalk, lighting and signalizatlon. to the existing Bay Creek sewage treatment Contact: Mr. Bruce Blanchard Two properties will be served to acquire ad­ plant. Sanitary sewage will be treated prior Director, Environmental Project ditional right-of-way. Water and air pollu­ to discharge to the Chattahochee River. Review tion will occur during construction; the The primary* adverse impact of. the action is Room 7260 ambient noise level will increase. (12 pages) the stimulation of secondary effects caused Department of the Interior (ELR ORDER # 31101) (NTIS ORDER # EIS by urban development, including a reduc­ Washington, D.C. 20240 73 1101D) tion of the aesthetic values of the Chattaho­ (202) 343-3891 Draft Date chee River corridor. (105 pages) U.S. Route 4, Vermont 07/03 Bureau of Land M anagement (ELR ORDER # 31135) (NTIS ORDER # EIS Vermont 73 1135D) Final Date County: Rutland Marion Sewage System 07/06 Wild Free-Roaming Horse and Burro Proposed is the construction of approximately North Carolina Management 07/06 4.3 miles of US Route 4 on new location. The project will be a 4-lane divided, oontrolled- The statement refers to proposed regulations County: McDowell access facility and involves structures at five The statement refers to the proposed con­ for the protection, management, and control locations. Three hundred and nine acres are struction of wastewater pumping stations, of wild free-roaming horses and burros on required for right-of-way. One residence, one force mains, interceptor sewers, and a waste- land administered by BLM. The regulations vacant house and one wood products busi­ water treatment plant with discharge to the would authorize a system of management ness will be displaced; two farm operations will be affected. (123 pages) Catawba River. Adverse Impact will include which would enable maintenance of strong, construction disruption, the loss of flora, and health herds in a quality habitat. The dedi­ (ELR ORDER # 31103) (NTIS ORDER # EIS soil erosion. (78 pages) cation of habitat to horses and burros would 1102D) (ELR ORDER # 31133) (NTIS ORDER # EIS limit availability of forage and habitat for Final Date 73 1133D) other animals. (136 pages) Soda Springs Overpass 07/06 Idaho Final Date COMMENTS MADE B Y : AEC DOD DOI County: Caribou Sewage System, Fort Lauderdale " 07/02 (ELR ORDER # 31134) (NTIS ORDER # EIS Three alternate routes for the construction Florida 72 1134F) of a highway railroad grade separation struc-

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19068 NOTICES ture on State Highway 34 are considered in mental Policy Act of 1969 and section 309 lation proposed by Federal agencies, and this statement. Project length is 0.3 mile. of the Clean Air Act, as amended, the The number of families and businesses dis­ any other proposed actions reviewed and placed will depend upon the route selected. Environmental Protection Agency (EPA) commented upon in writing pursuant to (40 pages) has reviewed and commented in writing section 309(a) of the Clean Air Act, as on Federal agency actions impacting the COMMENTS MADE BY: AHP DOI EPA HUD amended, during the referenced review­ HEW (ELR ORDER # 31126) (NTIS ORDER environment contained in the following ing period. The listing includes the Fed­ # EIS 73 1126F) appendices during the period of June 1, eral agency responsible for the proposed 1973, and June 15,1973. Railroad Grade Separation Replace­ action, the title of the action, a ment, Ohio 07/03 Appendix I contains a listing of draft summary of the nature of EPA’s com­ Ohio environmental impact statements re­ ments, and the EPA source for copies of County: Defiance viewed and commented upon in writing thè comments as set forth in Appendix Proposed is the construction of a four-lane during this review period. The list in­ V. facility and grade separation to carry North cludes the Federal agency responsible Appendix V contains a listing of the Clinton Street (S.R. 15-18-66) over the Nor­ for the statement, the number and title folk and Western Railroad. Three families, names and addresses of the sources for of the statement, the classification of copies of EPA comments listed in Appen­ two businesses and two vacant dwellings will the nature of EPA’s comments as defined be displaced by the project. The noise level dices I, m , and IV. will increase, with the increase in traffic vol­ in Appendix n , and the EPA source for Copies o f the EPA Order 1640.1, set­ umes. (52 pages) copies of the comments as set forth in ting forth the policies and procedures Appendix V. COMMENTS MADE B Y : EPA state agencies for EPA’s review of agency actions, may (ELR ORDER # 31104) (NTIS ORDER # EIS . Appendix II contains the definitions be obtained by writing the Public In­ 73 1104F) of the classifications of EPA’s comments quiries Branch, Office of Public Af­ U.S. 82 07/02 on the draft environmental impact state­ fairs, Environmental Protection Agency, Texas ments as set forth in Appendix I. Washington, D.C. 20460. Copies of the County: Grayson Appendix i n contains a listing of final draft and final environmental impact The statement refers to the proposed con­ environmental impact statements re­ statements referenced herein are avail­ struction of a connector between existing viewed and commented upon in writing U.S. 82 and proposed U .S .82. Project length able from the originating Federal depart­ is 1.4 miles. Adverse effects include acquiring during this reviewing period. The listing will include the Federal agency respon­ ment or agency or from the National additional grass and wooded area for right- Technical Information Service, tr.S. De­ of-way and displacing two homes. (65 pages) sible for the statement, the number and COMMENTS MADE B Y : USDA COE EPA title of the statement, a summary of the partment of Commerce, Springfield, Vir­ (ELR ORDER # 31099) (NTIS ORDER # ginia 22151. EIS 73 1099F) nature of EPA’s comments, and the EPA State Route 193, Snake River Bridge 07/02 source for copies of the comments as set Dated: July 5,1973. Washington forth in Appendix V. S heldon M eyers, County: Asotin Whitman Appendix IV contains a listing of pro­ Proposed is the construction of a highway D irector, Office of bridge across the Snake River for State Route posed Federal agency regulations, legis­ Federal Activities. 193, in the vicinity of Clarkston. The struc­ ture will be 1,450 feet long and will span a A p p e n d ix I section of the river scheduled for inundation DRAFT ENVIRONMENTAL IMPACT STATEMENTS FOR WHICH COMMENT'S WERE ISSUED BETWEEN JUNE 1, 1973 AND in 1975 as part of the Lower Granite Dam JUNE 15, 1973 Reservoir. Adverse effects may occur as a result of erecting piers within the reservoir area and constructing bridge approaches (116 General Source for pages) Identifying Number Title Nature of Copies of Comments Comments COMMENTS MADE BY: EPA COE DOC HUD DOI DOT state and local agencies (ELR ORDER # 31094) (NTIS ORDER # Department of Agriculture EIS 73 1094F) D-AFS-61133-CO____ -____ St. Louis Peak Roadless Area, Henderson East, ER-2 I Colorado. U.S. Coast G uard D-AFS-65020-MT.______Timber Management Plan on Kootenai National Forest, LO-2 I Draft Date Montana. Route 18 Extension Fixed Highway D-AFS-82067-NM______Vegetation Control with Herbicides in State of New LO-1 G ’ Mexico. x Bridge 07/05 D-DOA-36249-MS______Sowashee Creek Watershed, M i s s i s s i p p i. .._____ .... ER-2 E New Jersey v D-D O A-24054r-MI______Application of Sewerage Sludge to Agriculture Land, LO-2 F County : Middlesex Michigan. Proposed is the extension of existing Route D-SCS-36259-TX______Paluxy River Watershed, Somervell County, Texas.™ . LO-2 G 18 from north of New Street, New Brunswick Department of Commerce D-DOC-03039-HI______Establishment of Synethetic Natural Gas Plant in LO-1 J to River Street in Piscataway Township. A Honolulu, Hawaii. fixed highway bridge will be constructed over D-EDA-28001-NC______Water System for New Community, Soul City, North ER-2 E the navigable water of thè Raritan River. Carolina. Adverse effects of the action are the elimina­ D-EDA-39023-IA______Rathbun Regional Rural Water System, Phase I, Iowa. ER-2 H tion of a portion of the historic Delaware and Raritan Canal by filling in; loss of approxi­ Carps of Engineers mately 18 aefes of Section 4(f) parkland; D-COE-32411-ME______. ___ Scarboro River Navigation Project, Scarboro, Maine____ LO-2 B increased air and noise pollution; and en­ D-COE-34074-AL...... Jones Bluff Lock and Dam, Alabama River Basin,ER-2 ' E croachment on Ivy Hall, a registered histor­ Alabama. ical site. (130 pages) D-COE-35073-RI___ ... Providence River and Harbor, Rhode Island______ER-2 B D-COE-36244-LA______. . . . . Red River below Denison Dam, West Agurs Levee, LO-2 G (ELR ORDER # 31117) (NTIS ORDER # Louisiana. EIS 73 1117D) D-COE-36245-TX__ .... ______Red River below Denison Dam, Days Creek, Arkansas' LO-2 G T im o t h y Atk eso n , D-COE-36246-TX__ -_™__ ;™ Red River below Denison Dam, McKinney Bayou, ER-2 G General Counsel. [FR Doc.73-14494 Filed 7-16-73;8:45 am] D-COE-36264-CA______Wildcat and San Pablo Creeks Flood Control Study, LO-1 J California. D-COE-36266-OK...... i_____ Deep Fork Logjam Deep Fork River, Oklahoma. _ = ™ ER-2 G D-COE-36267-TX...______Zacate Creek, Flood Control, Laredo, Texas..;______LO-2 G ENVIRONMENTAL PROTECTION D-COE-36277-NM______Rio Grande and Tributaries, Rio Pueroco and Rio LO-1 G AGENCY Salado, New Mexico. D-COE-81130-CA______San Francisco Bulk Mail Center, Sacramento, California. LO-1 I ENVIRONMENTAL IMPACT STATEMENTS D-COE-39018-TX______Operation and Maintenance, Belton Lake, Texas______LO-2 G AND OTHER ACTIONS IMPACTING THE ENVIRONMENT Departm ent of Defense Availability of EPA Comments D-USN-11037-00...... ___ . . . . Proposed Removal of Tower on Argus Island, Bermuda. LO-1 A Pursuant to the requirements of sec-* Delaware River Basin Commission tion 102(2) (C) of the National Environ­ D-DRB-39021-PA______Trout Run Earthfill Dam, Berks County, Pennsylvania. LO-2 D

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 Category 3— Inadequate The Agency has requested more Information General Source for Identifying Number Title Nature of Copies of EPA believes that the draft Impact state­ and analysis concerning the potential envi­ Comments Comments ment does not adequately assess the environ­ ronmental hazards and has asked that sub­ mental impact of the proposed project or stantial revision be made to the Impact Fiderai Pow er Commission action, or that the statement inadequately D-FPC-05431-WI...... Chippewa Reservoir Project #108, W isconsin...... — - LO-2 F analyzes reasonable available alternatives. statement... General Services Adm inistration D-GSA-81122-CA...... Government Acquisition of North American Rockwell ER-2 J Building, Los Angeles, California. A p p e n d ix IH D epartm ent o f the Interior D-BOR-61142-MN...... Spirit Mountain Recreation Area, Minnesota...____.... LO-2 . F D-NPS-24Q53-CA...... Water Pollution Abatement Projects, Sequoia National LO-I J FINAL ENVIRONMENTAL IMPACT STATEMENTS FOR WHICH COMMENTS WERE ISSUED BETWEEN JUNE 1, 1973 AND JUNE IS, Park, California. 1978 D-NPS-60072-AK.. , ...... Glacier Bay Wilderness, Glacier Bay National Monu­ LO-1 K ment, Alaska. D-NPS-61132-WY„_„i—.. Transpark Road, Bighorn Canyon National Recreation LO-2 I Area, Wyoming. Source for LO-1 K Indentifying No. Title General nature of comments copies of D-NPS-61144-AK___ Katmai Wilderness, Alaska-...------comments D-SFW-64Q10-PA.»..*---- Construction and Oparation of Allegheny National Fish LO-1 D Hatchery, Pennsylvania. Departm ent of Transportation D-F A A-51265-S D...... Desmet Municipal Airport, Desmet, South Dakota------LO-1 I F-COE-36232- Four mile run local flood pro- EPA concluded that the project as proposed not , D-FAA-51266-UT...... Roosevelt City Airport, Roosevelt, Utah------LO-1 I VA. tection project, city of entail an unacceptable effect on aspects of D-FAA-51273-WV...... Logan County Airport, West Virginia------4 LO-1 D Alexandria and Arlington environmental quality subject to its regulatory D-FAA-51281-WV...... Wood County Airport, Parkersburg, West Virginia...... LO-1 D County, Virginia. authority. However, the pro ect fails to incor­ D-FHW-41793-MD. Maryland Route 43, Baltimore County; Maryland...... 3 D porate suggested measures which could max­ D-FHW -41745-C O _ ...... Project No. M-5323(001), South Kipling Street, Denver, EU-3 I imize its positive contribution to environmen­ Colorado. tal quality. These measures relate particularly D-FHW-41789-NY._...... Hornell, North-South Arterial, Steuben County, New ER-2 0 to comprehensive planning of flood control in Y ork. relation to land-use and development1 and to D-FHW-41773-WA_,___... 1-90 Ashel Curtis Interchange to Snoqualmie, Washing- LO-1 K preservation of wetlands. F-COE-30914- Cowanesque lake project, EPA has reservations concerning the environ­ D D-FHW-41815-SC...... Greenville County, Reedy River Freeway, South ER-2 E PA. Tioga County, Pennsyl­ mental effects of the project as proposed in the Carolina. , __ . , vania. final statement. The final statement indicates D-FHW-41816-PA...... A-4952, Section 1, Richmond Avenue, York, Pennsyl­ LO-2 D that euthropbication of the proposed reservoir vania. _ is like. The proect plan incorporates use of D-FHW -41829-1A ...... - Clinton-Mississippi Highway, Feliciana Parish, State ER-2 H chemical control algal growths; EPA believes

Route 67, Iowa. „ . __ _ , alternatives to chemical controls should be NOTICES D-FHW-41859-W A...... Skookumchuck Creek to Heckman Ranch, U.S. High­ LO-1 K used where possible. Water released'from the way 95, Washington. dam may contain a reduced concentration of dissolved oxygen. There is no provision in the tial safeguards which might be utilized may project plan to require downstream flood ' Appendix II plain zoning as a local cooperation measure. not adequately protect the environment from EPA believes that the issues raised in our DEFINITION OF CODES FOE THE GENERAL NATURE hazards arising from this action. The Agency comments on the final statement be resolved OF EPA COMMENTS recommends that alternatives to the action before construction of the project is initiated. be analyzed further (including the possi­ F-COE-39004- Nawiliwili Small Boat Har- EPA found that the'final statement substan­ J. ENVIRONMENTAL IMPACT OF THE HI: bor, Kauai, Hawaii. tially resolved the environmental concerns ACTION bility of no action at all). raised on the draft statement. Tennessee Valley Authority LO— Lack of Objection ADEQUACY OF THE IMPACT STATEMENT F-TVA-00011- Browns Ferry Nuclear Plant, EPA expressed environmental reservations with A TN: units 1,2, and 3, Tennessee. respect to the proposed project. The major EPA has no objections to the proposed ac­ Category 1— Adequate concern centers on the environmental effects tion as described in the draft impact state­ The draft Impact statement adequately that could arise from the operations of the proposed cooling system. EPA made several ment; or suggests only minor changes in the sets forth the environmental impact of the recommendations which, will minimize the proposed action. proposed project or action as well as alterna­ environmental effects created during opera­ tives reasonably available to the project or tion. ER— Environmental Reservations Departm ent of Transportation action. The draft statement was not submitted to EPA E EPA has reservations concerning the envi­ F-FHW-41769- SR 29 (Project F-031-1) Category 2— Insufficient Information TN: Morgan County, Tennessee for review. However, EPA has no objections ronmental effects of certain aspects of the to the proposed project as reflected in the final proposed action. EPA believes that further EPA believes that the draft Impact state­ statement. study of suggested alternatives or modifica­ F-FHW 41702- Multi-Agency Open Cut, EPA generally agrees with the proposed proj­ E ment does not contain sufficient Information KY: * Pikeville, Pike County, ect. However, the final statement did not pro­ tions is required and has asked the originat­ to assess fully the environmental impact of Kentucky vide sufficient details needed for the evalua­ ing Federal agency to reassess these aspects. the proposed project or action. However, tion of the control of se4ps and springs which drain mined out slams of coal. Discussion was EU— Environmentally Unsatisfactory from the information submitted, the Agency is able to make a preliminary determination also absent on maintenance and inspection. F-FHW-41559- West Virginia Route 56, Ra- The final statement adequately resolves the is­ D EPA believes that the proposed action is of the Impact on the environment. EPA has WV: venswood connector to 1-77, sues raised by EPA on the draft statement. unsatisfactory because of its potentially requested that the originator provide the Jackson County, West Vir­ harmful effect on the environment. Further­ information that was not Included in the ginia more, the Agency believes that the poten- draft statement. 19069

FEDERAL REGISTER, VOL. 38, i. 136— TUESDAY, JULY 17, 1973 19070 NOTICES

A ppe n d ix IV is necessary because the prospective timing and effectiveness of abatement action under REGULATIONS, LEGISLATION AND OTHER FEDERAL AGENCY ACTIONS FOR WHICH COMMENTS WERE ISSUED BETWEEN other provisions of the Act are not com­ TONE t, 1973 AND TONE 15, 1073 mensurate with the nature and seriousness of the problems identified by the above Source for criteria, and Agency Title '/ General Nature of Comments copies of comments 6. Adequate data are available to estab­ lish an effluent standard meeting, the re­ quirements of the Act. Interstate Commerce Commission L-ICC-53021-00: Federal-aid Railroad Act of EPA supports the intent of the proposed act. A The purpose of the hearings noticed 1973. However, EPA is concerned over the exclusion from the act of environmental considerations hereby will be to consider such scientific beyond the general statement expressed under and technical inf orm ation as is pertinent the congressional findings and declaration of purpose in title I. to the determinations required to be made by the Administrator when pro­ posing effluent standards for toxic pol­ A p p e n d i x V Standards and Water Quality Informa­ lutants. SOURCES FOR COPIES OF EPA COMMENTS tion Advisory Committee (“the Commit­ The hearings may be adjourned to tee” ) established pursuant to section 515 A. Director, Office of Public Affairs subsequent dates in order to obtain fur­ Environmental Protection Agency of the Federal Water Pollution Control ther information. 401 M Street, S.W. Act, as amended, 33 U.S.C. section 1251 Additional information concerning Washington, D.C. 20460 et seq. (“the Act”), The first hearing will the hearings may be obtained by writing B. Director of Public Affairs be held on July 30, 1973 at 9:30 a.m. in Dr. Martha Sager, Chairman, Effluent Region I Boom D-23, O’Hare Inn, 6600 N. Mann­ Standards and Water Quality Informa­ Environmental Protection Agency heim Road, Rosemont, Illinois. The sec­ Room 2303 tion Advisory Committee, environ­ ond hearing will be held on August 1* mental Protection Agency, Room 821, John P. Kennedy Federal Building 1973 at 9:30 a .m. in Room 1750, Environ­ Boston, Massachusetts 02203 Crystal Mall, Building 2, Washington, C. Director of Public Affairs mental Protection Agency, 26 Federal D.C. 20460. The hearings will be held Region II Plaza, New York, New York. The third pursuant to the direction of the Chair­ Environmental Protection Agency hearing will be held on August 3,1973 at man and in accordance with hearing Room 847 9:30 a.m. in Room 218, Environmental procedures published in the F ederal 26 Federal Plaza Protection Agency, 100 California Street, R egister on Wednesday, April 11, 1973, New York, New York 10007 San Francisco, California. The hearings D. Director of Public Affairs at pages 9179-80. Certain persons or or­ Region III will be open to the public. ganizations may be invited by the Com­ Environmental Protection Agency On Friday, July 8, 1973, the Acting mittee to appear and give oral testi­ Curtis Bldg., 6th and Walnut Streets Administrator o f the Environmental Pro­ mony. Others desiring to appear and Philadelphia, Pennsylvania 19106 tection Agency published a proposed list give oral testimony should contact the E. Director of Public Affairs of toxic pollutants in the F ederal R eg­ Committee at 703/557-7390 or may re­ Region IV ister at pages 18044-45 in accordance quest the opportunity to appear by tele­ Environmental Protection Agency with section 307(a)(1) of the Act. The Suite 300 graphic notice or letter to Dr. Sager at 1421 Peachtree Street, N.E. proposed list consisted of the following the address listed above. Due to limi­ Atlanta, Georgia 30309 pollutants: tations of time, it may be necessary to F. Director of Public Affairs L i s t o f T o x i c P o l l u t a n t s limit the number of witnesses who may Region V appear and give oral testimony. Wit­ Environmental Protection Agency 1. Aldrin (1, 2, 3, 4, 10, 10-hexacbloro- 1, nesses will ordinarily be limited to 15- 1 N. Wacker Drive 4, 4a, 5, 8, 8a hexahydro- 1, 4, 5, 8 - endo- Chicago, Illinois 60606 exodimethanonaphthalene) Dieldrin (1, 2, 3, minute presentations to be followed by G. Director of Public Affairs 4, 10, 10-hexachloro- 6, 7 - epoxy-1, 4, 4a, 5, 15-minute periods of questions from the Region VI 6, 7, 8, 8a-octahydro-1, 4-endo, exo-5, 8-dime- Committee. Environmental Protection Agency thanonapbthalene) Although the opportunity to appear 1600 Patterson Street 2. Benzidine and its salts (para-para'-di- and give oral testimony must necessarily Dallas, Texas 75201 aminobiphenyl) be limited because of the short time H. Director of Public Affairs 3. Cadmium and all cadmium compounds 4. Cyanide and all cyanide compounds available to the Committee to hold pub­ Region VI lic hearings and obtain additional in­ Environmental Protection Agency 5. DDD(TDE) 1,1- dichloro-2, 2-bis (para- 1735 Baltimore Street chlorophenyl) -ethane DDE (dichlorodi- formation pursuant to the provisions of Kansas City, Missouri 64108 phenyldichloroethylene) 1, 1- dichloro-2, 2- section 515 o f the Act, all persons desir­ I. Director of Public Affairs bis (para-chlorophenyl)- ethylene DDT (di- ing to submit written statements or Region VIII chlorodiphenyltrichloroethane) 1, 1, 1-tri- testimony to the Committee are encour­ Environmental Protection Agency chloro-2, 2-bis (para-chlorophenyl)- ethane aged to do so. Such statements or testi­ 6. Endrin (1, 2, 3, 4, 10, 10-hexachloro-6, Lincoln Tower, Room 916 mony should clearly indicate the pol­ 1860 Lincoln Street 7-epoxy-l, 4, 4a, 5, 6, 7, 8, 8a-octahydro-l, 4- Denver, Colorado 80203 endo-endo-15, 8-dimethanonaphthalene) lutant or pollutants concerned and J. Director of Public Affairs 7. Mercury and all mercury compounds should be addressed to the “ Effluent Region IX 8. Polychlorinated biphenyls (PCB’s) Standards and Water Quality Informa­ Environmental Protection Agency 9. Toxaphene (chlorinated camphene) tion Advisory Committee” at the address 100 California Street Pollutants chosen for inclusion on this San Francisco, California 94102 initial list meet the following criteria: listed above. K. Director of Public Affairs Statements presented at the hearings Region X 1. There is evidence that, either directly Environmental Protection Agency or through transformation or bioaccumula­ or otherwise submitted to the Commit­ 1200 6th Avenue tion, they are toxic, as defined by section tee will be available to the public pur­ Seattle, Washington 98101 502(13), at extremely low concentrations in suant to section 10(b) of the Federal [FR Doc.73-14396 Filed 7-16-73;8:45 am] water, and 2. They are discharged in significant Advisory Committee Act (Public Law amounts from point sources, and 92-463, 86 Stat./770), subject to the as­ EFFLUENT STANDARDS AND WATER 3. Point source discharges are known to sessment of reasonable reproduction QUALITY INFORMATION ADVISORY have resulted in incidents involving the types of adverse effects cited in section charges. Requests for such information COMMITTEE 502(13), and/or should be directed to Dr. Martha Sager, Agenda and Notice of Public Hearings 4. There is a significant potential for the Chairman, Effluent Standards and Water occurrence or recurrence of such incidents Notice is hereby given of three public as a result of point source discharges, and Quality Information Advisory Commit­ hearings to be held by the Effluent 5. Standard setting under section 307(a) tee, Environmental Protection Agency,

FEDERAL REGISTER, V O L 38, NO. 136— TUESDAY, JULY 17, 1973 NOTICES 19071

Room 821, Crystal Mall, Building 2, FEDERAL POWER COMMISSION North Capitol Street, N.E., Washington, D.C. 20426. Washington, D.C. 20460. [Docfeet No. E-7775] Dated July 11,1973. K enneth F. P lumb, APPALACHIAN POWER CO. Secretary. R obert Sansom, L. Change in Time Assistant Administrator for [FR Doc.73-14539 Filed 7-16-73;8:45 am] Air and Water Programs. July 6,1973 [PR Doc.73-14586 Filed 7-1 6-73 ;8 :45~am] On July 2, 1973, the attorney for Bed­ [Docket No. CI73-691] ford, et al. requested that the prehear­ ing conference scheduled for July 10. ATLANTIC RICHFIELD CO. h e a r in g o n c o m p l ia n c e s c h e d u l e s 1973 at 10 a.m. by notice issued June 1, Notice of Application; Correction FOR THE STATE OF KENTUCKY 1973, be changed to the afternoon. M ay 8, 1973. Cancellation Notice Upon consideration, notice is hereby given that the time for the commence­ In the Notice of Application, Issued The public hearing scheduled for ment of the prehearing conference on April 20, 1973 and published in the Fed­ Thursday, July 26, 1973, in Frankfort, July 10, f973 is changed to 2 p.m. eral R egister April 26, 1973, 38 FR Kentucky (38 FR 16187), is hereby can­ 10331: Second paragraph, last line: Sub­ celled. This hearing was to be held for K enneth F. P lumb, stitute the number “2,250,000” for the the purpose o f permitting public par­ Secretary. number “ 75,000.” ticipation in the development of com­ [FR Doc.73-14537 Filed 7-16-73;8:45 am] K enneth F. Plumb, pliance schedules for certain air pollution Secretary. sources subject to Kentucky’s plan for implementing national ambient air qual­ [Docket No. E-8294] [FR Doc.73-14532 Filed 7-16-73;8:45 am] ity standards. Cancellation is necessi­ ARIZONA PUBLIC SERVICE CO. tated by the recent court decision in Notice of Extension of Agreement [Docket No. CI73-697] “East Kentucky R ural Electric Coopera­ tive Corp., et. al. v. EPA,” Case No. 72- July 10, 1973. C & K PETROLEUM, INC. 1629 (6th Cir., June 28, 1973), and a re­ Take notice that Arizona Public Postponement of Hearing lated case (72-1632) which vacated the Service Company (Arizona) on June 11, Administrator’s approval of the Ken­ 1973, tendered for filing an extension of July 6,1973. tucky implementation plan. A hearing Arizona Public Service Company, Rate On July 6, 1973, Staff Counsel re­ on proposed compliance schedules for Schedule FPC No. 10 to an expiration quested that the hearing scheduled for Kentucky will be held at a future time date of July 31,1974. Arizona states that July 9,1973, by order issued May 29,1973, which will be announced in the F ederal the extension is necessary to prepare the in above-designated matter be postponed Register. physical plant necessary to effectuate the because of a conflict in the schedule of agreement contained in the rate sched­ Administrative Law Judge Litt. The re­ ''A lan G . K ir k II, quest states that all parties agree to the Acting Assistant Administrator ule. Arizona also says that all parties to the agreement concur in the extension. request. for Enforcement and General Upon consideration, notice is hereby Counsel. Any person desiring to be heard or protest said application should file a pe­ given that the date of the hearing is Ju l y 12,1973. tition to intervene or protest with the postponed to July 13, 1973, at 10:00 a.m. in a hearing room of the Federal Power [PR Doc.73-14602 Filed 7-16-73;8:45 am] Federal Power Commission, 825 North Capitol Street, N.E., Washington, D.C. Commission at 825 North Capitol Street, 20426, in accordance with the Commis­ N.E., Washington, D.C. 20426. UNIROYAL CHEMICAL sion’s rules of practice and procedure. K enneth F. P lumb, Notice of Filing of Petition Regarding All such petitions or protests should be Secretary. Pesticide Chemical filed on or before July 24, 1973. Protests [FR Doc.73-14540 Filed 7-16-73;8:45 am] will be considered by the Commission in Pursuant to provisions of the Federal determining the appropriate action to be Food, Drug, and Cosmetic Act (sec. 408 taken, but will not serve to make pro- [Docket No. E-8057] (d)(1), 68 Stat. 512; 21 U.S.C. 346a(d) testants parties to the proceeding. Any COMISION FEDERAL DE ELECTRICIDAD (D ), notice is given that a petition (PP person wishing to become a party must 3F1408) has been filed by Uniroyal file a petition to intervene. Copies of this Application for Permit To Export Electric Chemical, Division of Uniroyal, Inc., application are on file with the Com­ Energy Bethany, CT 06525, proposing establish­ July 5,1973. ment of tolérances (40 CFR Part 180) mission and are available for public for residues of the plant regulator suc­ inspection. Take notice that on February 28, 1973, cinic acid 2,2-dimethyl hydrazide in or K enneth F. Plumb, Comisión Federal de Electricidad (Ap­ on the raw agricultural commodities to­ Secretary. plicant) filed with the Federal Power matoes at 40 parts per million and cran­ [FR Doc.73-14538 Filed 7-16-73;8:45 am] Commission, pursuant to Executive berries and pears at 20 parts per million. Order No. 10485, dated September 3,1953, and the Commission’s regulations there­ The analytical method proposed in the [Docket No. CI73-691] under, an application for a Presidential petition for determining residues of the ATLANTIC RICHFIELD CO. Permit authorizing the construction, plant regulator is a colorimetric proce­ operation, maintenance and connection dure in which the residue is hydrolyzed Notice Changing Date and Time of Hearing of certain electric transmission facilities with 50 percent sodium hydroxide. The at the international border between the resulting unsymmetrical dimethyl hydra­ July 9, 1973. On July 6, 1973, Atlantic Richfield United States and Mexico. The facilities zine is distilled and reacted with triso­ for which authorization is sought include dium pentacyanoamine ferrate to form Company requested that the hearing one 3-phase electric power line operating a specific red color at pH 5. The color is fixed by the order issued July 2, 1973, be nominally at 138,000 volts, 60 Hertz, and measured spectrophotometrically at 490 rescheduled. The request states that extending across the international border and 600 nanometers. Transwestem agrees with the request. from a point near Laredo, Texas to Nuevo Dated: July 11, 1973. Upon consideration, notice is given Laredo, Tampico, Mexico. Applicant has that the time and date of the hearing indicated to the Commission that the line Henry J. K orp, will be used in the interchangd’Of electric Deputy Assistant Administrator in the above matter is changed to July 16, energy with an electric system in Mexico for Pesticide Programs. 1973, at 1:30 p.m. in a hearing room of and that any transmission to Mexico will [FR Doc.73-14588 Filed 7-16-73;8:45 am] the Federal Power Commission at 825 be in accordance with an authorization

FEDERAL REGISTER, V O L 38, NO. 136— TUESDAY, JULY 17, 1973 19072 NOTICES from the Commission, pursuant to Sec­ sidered by it In determining the appro­ ity (Correspondence to: Mr. Richard W. tion 202(e) of the Federal Power Act, for priate action to be taken but will not Lock, General Manager, Grand River transmission of electric power and energy serve to make the protestants parties to Dam Authority, P.O. Drawer G, Vinita, across the international border for use a proceeding. Persons wishing to become Oklahoma 74301) for constructed Proj­ in Mexico. parties to a proceeding or to participate ect No. 1494, known as the Pensacola Any person desiring to be heard or to as a party in any hearing therein must Project, located on the Grand River a make any protest with reference to said file petitions to intervene in accordance navigable waterway o f the United States, application should on or before July 20, with the Commission’s rules. The appli­ in Craig, Delaware, Mayes, Muskogee, 1973, file with the Federal Power Com­ cation is on file with the Commission Ottawa, Rogers, Tulsa, and Wagoner mission, Washington, D.C. 20426, peti­ and available for public inspection. Counties, Oklahoma, and McDonald County, Missouri. tions to intervene or protests in accord­ K enneth F. P lumb, ance with the requirements of the Com­ Secretary. Applicant requests Commission ap­ mission’s rules of practice and procedure proval o f its proposal to sell 1.93 acres (18 CFR 1.8 or 1.10). All protests filed [FR Doc.73-14542 Filed 7-16-73;8:45 am] of land within the project boundary and with the Commission will be considered of its revised project boundary to ex­ by it in determining the appropriate ac­ [Docket No. E-7994] clude this land from the Project. The tion to be taken but will not serve to tract involved would be used by the Town make the protestants parties to the pro­ DUKE POWER CO. of Disney, Mayes County, Oklahoma as a ceeding. Persons wishing to become Extension of Time, Postponement of public park. The tract is located 800 feet parties to the proceeding or to partici­ Prehearing Conference and Hearing east o f the end of Pensacola Dam and ad­ pate as a party in any hearing therein jacent to lands previously conveyed to Ju ly 5,1973. must file petitions to intervene in ac­ the Town of Disney on which a com­ cordance with the Commission’s rules. On June 29,1973, Electricities of North munity recreation building has been The application is on file with the Com­ Carolina, Piedmont Municipal Power constructed. mission and available for public Systems, and the municipalities of Any person desiring to be heard or to inspection. Easley, Gaffney, Greenwood, Greer, make protest with reference to said ap­ M ary B. K idd, Laurens, Newberry, Prosperity, and Rock plication should on or before August 13, Acting Secretary. Hill, all of South Carolina, filed a motion 1973, file with the Federal Power Com­ to extend the procedural dates fixed by [FR Doc.73-14541 Filed 7-16-73;8:45 am] mission, W ashington, D.C. 20426, peti­ order dated May 23, 1973 in the above tions to intervene or protests in accord­ designated matter. ance with the requirements of the Com­ [Project No. 2681] Upon consideration, notice is hereby mission’s rules of practice and procedure DUKE POWER CO. given that the procedural dates are modi­ (18 CFR 1.8 or 1.10). All protests filed fied as follows: Application for Withdrawal with the Commission will be considered Prehearing Conference September 11, 1973 by it in determining the appropriate ac­ July 6, 1973. (10 a.m., EDT) tion to be taken but will not serve to make Public notice is hereby given that an Service of Testimony and Exhibits by Inter­ the protestants parties to a proceeding. veners September 25,1973 Persons wishing to become parties to a application was filed July 3, 1972, under Service of Rebuttal Evidence by Duke Octo­ the Federal Power Act (16 U.S.C. 791a- ber 9,1973 proceeding or to participate as a party 825r) by the Duke Power Company (Cor­ Cross Examination October 23, 1973 (10 in any hearing therein must file peti­ respondence to: Mr. Carl Horn, Jr., Pres­ a.m., EDT) tions to intervene in accordance with the ident, Duke Power Company, P.O. Box K enneth F. P lumb, Commission’s rules. The application is on 2178, Charlotte, North Carolina 28201), Secretary. file with the Commission and available for approval of withdrawal of applica­ [FR Doc.73-14543 Filed 7-16-73;8:45 am] for public inspection. tion for minor license for Walnut Cove K enneth F. P lumb, Project No. 2681, located on the Dan Secretary. River in Stokes County, North Carolina. [Docket Nos. RI73-81, et oZ.] [FR Doc.73-14544 Filed 7-16-73;8:45 am] The cities of Greensboro, High Point, EXXON CORPORATION, ET AL. Reidsville, Thomasville, and Winston- Correction Salem are within a radius of approxi­ [Project 1494] mately 30 miles. June 21,1973. The project is comprised of a 427-foot In the Order Providing for Hearing on GRAND RIVER DAM AUTHORITY long, 26-foot high concrete dam, with and Suspension of proposed changes in Application for Change in Land Rights integral powerhouse, in the following rates, and allowing rate changes to Be­ July 6,1973. sections: (a) A 60-foot long west bulk­ come Effective subject to refund, Issued Public notice is hereby given that ap­ head, (b) a 38-foot long powerhouse, (c) March 2,1973 and published in the Fed­ plication for change in land rights was a 36-foot long sluice gate section with eral R egister March 12, 1973, 38 FR three 5-foot square sluiceways, (d) a 141- 6726: APPENDIX A Docket No. RI73- filed June 1, 1970, under the Federal foot long spillway with 4-foot flashboards 220, Skelly Oil Company Under column Power Act (16 U.S.C. 791a-825r) by the to elevation 638.33 feet, and (e) a 71- headed Supplement Number change 2 Grand River Dam Authority (Corre­ foot long spillway section at elevation spondence to: Mr. Richard W. Lock, to 3. General Manager, Grand River Dam Au­ 638.33 feet, and (f) an 81-foot long east K enneth F. Plumb, abutment; a reservoir at elevation 638.33 Secretary. thority, P.O. Drawer G., Vinita, Okla­ homa 74301) for constructed Project No. feet covering approximately 44 acres; a [FR Doc.73-14533 Filed 7-16-73;8:45 am] concrete and brick powerhouse contain­ 1494, known as the Pensacola Project, ing two generating units, each rated at located on the Grand River, a navigable 272 kw; and appurtenant facilities. [Project 1494] waterway o f the United States, in Craig, GRAND RIVER DAM AUTHORITY Deleware, Mayes, Muskogee, Ottawa, Any person desiring to be heard or to Rogers, Tulsa and W agoner Counties, make protest with reference to said ap­ Application for Change in Land Rights Oklahoma, and McDonald County, Mis­ plication should on or before August 27, 1973, file with the Federal Power Com­ July 6,1973. souri. mission, Washington, D.C. 20426, peti­ Public notice is hereby given that ap­ Applicant requests Commission ap­ tions to intervene or protests in accord­ plication for change in land rights was proval of its proposal to sell approxi­ ance with the requirements of the filed February 16, 1967, supplemented mately 1.5 acres of land within the proj­ Commission’s rules of practice and pro­ April 12, 1973, and April 19, 1973, under ect boundary to Shangri-La Lodge. The cedure (18 CFR 1.8 or 1.10). All protests the Federal Power Act (16 U.S.C. 791a- proposed sale involved property on which filed with the Commission will be con­ 825r> by the Grand River Dam Author­ Shangri-La Lodge has previously con-

FEDERAL REGISTER, V O L 38, N O . 136— TUESDAY, JULY 17, 1973 NOTICES 19073 structed an effluent holding basin. The allowed placement of public utilities file a petition to intervene. Copies of this holding basin is presently formed by a services. application are on file with the Commis­ dike which would be elevated ¿lightly Any person desiring to be heard or to sion and are available for public above an elevation o f 755.0 feet m jsl. to make protests with reference to said ap­ inspection. prevent the treated effluent from running plication should on or before August 10, M ary B. K idd, directly into Grand Lake the Project 1973, file with the Federal Power Com­ Acting Secretary. reservoir. The land involved is in Dela­ mission, Washington, D.C. 20426, peti­ [FR Doc.73-14547 Filed 7-16-73;8:45 am] ware County, southwest of Grove, Okla­ tions to intervene or protests in accord­ homa. ance with the requirements of the Com­ Any person desiring to be heard or to mission’s rules of practice and procedure [Docket No. RP72-127] make protest with reference to said ap­ (18 CFR 1.8 or 1.10). All protests filed NORTHERN NATURAL GAS CO. plication should on or before August 13, with the Commission will be considered 1973, file with the Federal Power Com­ by it in determining the appropriate ac­ Further Extension and Postponement of mission, Washington, D.C. 20426, peti­ tion to be taken but will not serve to Prehearing Conference and Hearing tions to intervene or protests in accord­ make the protestants parties to a pro­ J uly 6,1973. ance with the requirements o f the Com­ ceeding. Persons wishing to become par­ On July 2, 1973, Staff Counsel filed a mission’s rules of practice and proce­ ties to a proceeding or to participate as motion for a further extension of the dure (18 CFR 1.8 or 1.10). All protests a party in any hearing therein must file procedural dates set by the notice issued filed with the Commission will be con­ petitions to intervene in accordance with May 15, 1973 in the above-designated sidered by it in determining the appro­ the Commission’s rules. The application matter. The motion states that no party priate action to be taken but will not is on file with the Commission and avail­ to the proceeding objects to the motion. serve to make the protestants parties to able for public inspection. a proceeding. Persons wishing to become Upon consideration, notice is hereby parties to a proceeding or to participate K enneth F. P lumb, given the procedural dates are further as a party in any hearing therein must Secretary. modified as follow s: file petitions to intervene in accordance [FR Doc.73-14546 FUed 7-16-73;8:45 am] Staff Service Date September 11,1973 with the Commission’s rules. The appli­ Intervener Service Date October 2,1973 cation is on file with the Commission Northern Natural Rebuttal Service Date Oc­ [Docket No. E-8256] tober 16,1973 (10 a.m., EDT) and is available for public inspection. Prehearing Conference and Hearing Date "NEW YORK STATE ELECTRIC AND GAS November 6,1973 (10 a.m., EST) K enneth F. Plumb, CORP. Secretary. K enneth F. P lumb, Amendment to Filing [PR Doc.73—14545 Piled 7-16-73; 8:45 am] Secretary. July 5,1973. [FR Doc.73-14548 Filed 7-16-73;8:45 am) [Project 2183] Take notice that on June 28,1973, New York State Electric and Gas Corporation GRAND RIVER DAM AUTHORITY (New York) tendered for filing a letter [Project 309] Application for Change in Land Rights agreement dated June 19, 1973, which PENNSYLVANIA ELECTRIC CO. constitutes an amendment to the agree­ July 6,1973. ment dated May 25, 1973, between New Application for Renewal Public notice is hereby given that ap­ York and Central Hudson Gas and Elec­ July 6,1973. plication for approval of change in land tric Corporation (Central Hudson). New Public notice is hereby given that ap­ rights has been filed under the Federal York states that the earlier agreement plication for approval to grant a re­ Power Act (16 U.S.C. 791a-825r) by provides for the sale by New York to newal of a lease for 2.5 acres of project Grand River Dam Authority (Corre­ Central Hudson of 42,000 kilowatts of lands for recreational use to the Com­ spondence to: Mr. L. M. Packard, firm capability and associated energy for monwealth of Pennsylvania on behalf of General Manager, Grand River Dam Au­ the period commencing on June 1, 1973, the Pennsylvania Fish Commission, has thority, P.O. Drawer G, Vinita, Okla­ and terminating on June 30, 1973. been filed under the Federal Power Act homa 74301) within the boundaries of New York submits that the later agree­ Project No. 2183, known as the Mark­ (16 U.S.C. 791a-825r) by Pennsylvania ment filed herewith extends the term of Electric Company (Correspondence to: ham Ferry Project, located in Mayes and the earlier agreement to August 1, 1973, Craig Counties, Oklahoma. Mr. W. R. Thomas, Secretary and Treas­ and also amends to provide for the sale urer, Pennsylvania Electric Company, Grand River Dam Authority, Licensee of 45,000 kilowatts of firm capability and 1001 Broad Street, Johnstown, Pennsyl­ for the Markham Ferry Project No. 2183, [associated energy from July 1, 1973, vania 15907) in Piney Project No. 309, requests Commission, approval for the through July 31, 1973, and 7,000 kilo­ located on the Clarion River in Clarion sale of two parcels o f land (totalling watts of firm capability and energy from County, Pennsylvania. 10.96 acres) within the project boundary. August 1, 1973, to August 31, 1973. Esti­ The Licensee is currently operating The first tract, comprising 2.46 acres, mated revenues to be derived over the tiie project under an annual license and is located in the following described sub­ two month period from this amendment will continue in that status until the division: Indian Meridian, T. 21 N., R. total $289,151. An effective date of July 1, Commission acts on the Licensee’s ap­ 20 E., Section 22 N ^N E ^S W i/4NE y4 1973, is requested. plication for a new license under section Mayes County, Oklahoma. The owner Any person desiring to be heard or to 15 of the Federal Power Act. has constructed on this tract a public protest said application should file a The application seeks approval of a use and recreational facility consisting petition to intervene or protest with the proposed amendment to the original of a marina, camping and picnic area, Federal Power Commission, 825 North ten years lease agreement which expired and trailer facilities for permanent and Capitol Street, N.E., Washington, D.C. June 1, 1972. The proposed amendment transient use. 20426, in accordance with § 1.8 and § 1.10 to. the lease would reactivate the original The second tract, comprising 8.5 acres, of the Commission’s rules of practice and lease on a year to year basis, with the is located in subdivision Indian Meri­ procedure (18 CFR 1.8, 1.10) . All such period running from October 14, to Oc­ dian, T. 21 N„ R. 20 E„ Section 22, petitions or protests should be filed on or tober 13. S^NEV^SW^NE^ and that part of the before July 23, 1973. Protests will be The present recreational site includes S^NW^SW^NE^ lying east of the considered by the Commission in deter­ a picnic area, fishing access, and a boat K.O. & G. Railroad and above the 625 mining the appropriate action to be ramp. The Pennsylvania Fish Commis­ feet countour in Mayes County, Okla­ sion intends to expand its present dock homa. The transferee has constructed taken, but will not serve to make pro­ facilities and to sublease to a third party on a portion of the tract a water and testants parties to the proceeding. Any the right to operate a concession stand septic system, a trailer court and has person wishing to become a party must and boat livery. The License further

FEDERAL REGISTER, V O t. 38, NO. 136— TUESDAY, JULY 17, 1973 No. 136—Pt. i ---- io 19074 NOTICES states that the rights proposed to be ticipate as a party in any hearing therein tain conditions, the applicable area rate granted will have no adverse affect on must file petitions to intervene in ac­ may be exceeded or producer’s refund the operation of the project. cordance with the Commission’s rules. obligation be discharged if, from May 6, Any person desiring to be heard or to Persons who have heretofore filed pro­ 1971 to January 1, 1976, producers make protest with reference to said tests and petitions to intervene need not “ dedicate” or “ commit” reserves in Texas application should on or before Au­ file again. Gulf Coast Area to jurisdictional sales. Petitioner requests that the reserve gust 13,1973, file with the Federal Power K enneth F. Plumb, Commission, Washington, D.C. 20426, Secretary. related to the contract between Peti­ petitions to intervene or protests in ac­ tioner and Transco be declared by the cordance with the requirements of the [FR Doc.73-14550 Filed 7-16-73;8:45 am] Commission as “dedicated” or “com­ Commission’s rules of practice and pro­ mitted” as o f the date of initial delivery cedure (18 CFR 1.8 or 1.10). All protests [Docket No. RI73-313] and not as of the dates of either the filed with the Commission will be con­ contract between Petitioner and Transco sidered by it in determining the appro­ SKELLY OIL CO. or the issuance and acceptance of the priate action to be taken but will not Notice of Petition temporary certificate under which it serve to make the protestants parties to commenced deliveries. a proceeding. Persons wishing to become J uly 6, 1973. In the alternative, Petitioner requests parties to a proceeding or to participate Take notice that on May 29, 1973, that the Commission grant special relief as a party in any hearing therein must Skelly Oil Company (Petitioner), P.O. pursuant to § 2.76 o f the Commission’s file petitions to intervene in accordance Box 1650, Tulsa, Oklahoma 74102, filed, general rules of practice and procedure with the Commission’s rules. The appli­ pursuant to section 4 of the Natural Gas promulgated in Commission Order No. cation is on file with the Commission and Act and section 1.7(b) of the Commis­ 481, issued April 12, 1973. To support its available for public inspection. sion’s rules of practice and procedure, request for special relief, Petitioner a petition for a clarification of the terms states that: “Skelly should not be penal­ K enneth F. P lumb, “dedication” or “commitment” to the ized for signing the contract at an early Secretary. interstate market or, in the alternative, date or seeking Commission approval [FR Doc.73-14549 Filed 7-16-73;8:45 am] for special relief in Docket No. RI73-313 both of which were far in advance of pursuant to Commission Order No. 481, anticipated production * * issued April 12, 1973. Petitioner requests Any person desiring to be heard or to [Docket No. CI73-762] the Commission to issue an order for a make any protest with reference to said RICHARD H. FLEISCHAKER waiver of the January 1, 1976, mora­ petition should on or before July 23,1973, Amendment to Application torium date for filing for a rate increase file with the Federal Power Commission, in excess of the applicable area rate pre­ 825 North Capitol Street, N.E., Washing­ July 6, 1973. scribed in Opinion No. 595, Area Rate ton, D.C., 20426, a petition to intervene or Take notice that on June 22, 1973, Proceeding, et al. (Texas Gulf Coast a protest in accordance with the require­ Richard H. Fleischaker (Applicant), Area), Docket Nos. AR64-2, et al., 45 ments of the commission’s rules of prac­ Singer-Fleischaker Oil Company, P.O. FP.C. 674 (1971), appeal pending sub- tice and procedure (18 CFR 1.8 or 1.10), Box 663, Oklahoma City, Oklahoma nom. Public Service Commission for the All protests filed with the Commission 73101, filed in Docket No. CI73-762 an State of New York, et al. v. F.P.C., No. will be considered by it in determining amendment to the application filed on 71-1828, (D.C. Cir.)„ the appropriate action to be taken but May 7, 1973, in said docket pursuant to Petitioner, and other interested par­ will not serve to make the protestants section 7(c) of the Natural Gas Act for ties, drilled a well in 1969 which resulted parties to the proceeding. Any party a certificate of public convenience and in discovery of a substantial reserve of wishing to become a party to a proceed­ necessity authorizing the sale for resale natural gas. On September 1, 1970, Peti­ ing, or to participate as a party in any and delivery of natural gas in interstate tioner entered into a contract for the hearing therein, must file a petition to commerce to Panhandle Eastern Pipe sale of natural gas with Transcontinental intervene in accordance with the Com­ line Company from acreage in Beaver Gas Pipe Line Corporation (Transco). mission’s rules. County, Oklahoma, all as more fully set Sales to Transco described in the ap­ K enneth F. Plumb, forth in the amendment which is on file plication are made from Block A-76, Secretary. with the Commission and open to public Brazos Area, Federal Domain, Offshore inspection. Matagorda County, Texas. [FR Doc.73-14551 Filed 7-16-73:8:45 am] In his application of May 7, 1973, Ap­ On March 1,1971, Petitioner requested plicant stated that he intends to sell up and was granted a Temporary Certifi­ [Docket No. E-7711] to 2,000 M cf o f gas for one year at 50.0 cate. Petitioner’s acceptance of the SOUTHWESTERN ELECTRIC POWER CO. cents per M cf at 14.65 psia, subject to temporary certificate was filed with the upward and downward Btu adjustment, Commission on April 1, 1971. Deliveries Order Providing for Hearing: Correction within the contemplation of § 2.70 of of natural gas to Transco under the M arch 21, 1973. the Commission’s General Policy and In­ temporary certificate commenced on In the Order Providing for Hearing, terpretations (18 CFR 2.70). Applicant June 23, 1972, from the well drilled in now proposes to sell gas at 45.0 cents per Issued March 20, 1973 and published in 1969, in accordance with the contract the Federal R egister M arch 26,1973 FR M cf of gas at 14.65 psia subject to up­ dated September 1,1970. ward and downward Btu adjustment. 38(7849): Add Footnote1: Commission Opinion No. 595, Texas Any person desiring to be heard or to Gulf Coast Area Rate, was issued May 6, Tex-La has formally waived its right make any protest with reference to said 1971, Therefore, the date of issuance of to such increase in a telegram to the amendment should on or before July 23, Opinion No. 595 was prior to the initial Commission dated July 1, 1972. Under 1973, file with the Federal Power Com­ delivery date of the natural gas, but the circumstances, it is evident that mission, Washington, D.C. 20426, a peti­ subsequent to the dates of the contract tion to intervene or a protest in accord­ waiver was conditioned upon cancella­ between Petitioner and Transco, and to tion of the Company’s prior rate sched­ ance with the requirements of the the issuance and acceptance of the tem­ Commission’s rules of practice and pro­ ule being rejected, so Tex-La will not be cedure (18 CFR 1.8 or 1.10). All protests porary certificate. In Ordering Paragraph (G) of Opin­ precluded by this waiver from increasing filed with the Commission will be con­ its rates to the Company. sidered by it in determining the appro­ ion No. 595, the Commission promulgated priate action to be taken but will not § 154.111 o f the régulations under the K enneth F. P lumb, serve to make the protestants parties to Natural Gas Act and n ot § 154.107 (d) as Secretary. the proceeding. Any person wishing to Petitioner states in its application. This become a party to a proceeding or to par­ regulation provides that subject to cer­ [FR Doc.73-14534 Filed 7-16-73;8:45 am]

FEDIRAI. REGISTER, VOL. 38, N O . 136— TUESDAY, JULY 17, 1973 NOTICES 19075

[Bate Schedule No. 9, etc.] filed with the Federal Power Commission, will be considered by it in determining SUN OIL CO., ET AL. Washington, D.C. 20426, a petition to the appropriate action to be taken but intervene or a protest in accordance with will not serve to make the protestants Rate Change Filings the requirements of the commission’s parties to the proceeding. Any person Ju l y 6, 1973. rules of practice and procedure (18 CFR wishing to become a party to a proceed­ Take notice that the producers listed 1.8 or 1.10). All protests filed with the ing or to participate as a party in any in the Appendix attached hereto have Commission will be considered by it in hearing therein must file a petition to filed proposed increased rates to the ap­ determining the appropriate action to be intervene in accordance with the Com­ plicable area new gas ceiling based on taken but will not serve to make the pro­ mission’s rules. the interpretation of vintaging concepts testants parties to the proceeding. Any Take further notice that, pursuant to set forth by the Commission in its Opin­ party wishing to become a party to a the authority contained in and subject ion No. 639, issued December 12, 1972. proceeding or to participate as a party to the jurisdiction conferred upon the The information relevant to each of in any hearing therein must file a peti­ Federal Power Commission by sections 7 these sales is listed in the Appendix. tion to intervene in accordance with the and 15 of the Natural Gas Act and the Any person desiring to be heardjor to Commission’s rules. Commission’s rules of practice and pro­ make any protest with reference to said K e n n e th F . P lu m b , cedure, a hearing will be held without filings should on or before July 16, 1973, Secretary. further notice before the Commission on this application if no petition to inter­ APPENDIX vene is filed within the time required herein, if the Commission on its own Bate review of the matter finds that a grant Filing'Date Producer Schedule B u y » Area No. of the certificate is required by the pub­ lic convenience and necessity. If a peti- tion.for leave to intervene is timely filed, 6-18-73. . i - _ Sun Oil Company...... 9 Tennessee Gas Pipeline Com- Texas Gulf Coast. P.O. Box 2880 pany. or if the Commission on its own motion Dallas, Texas 75221. believes that a formal hearing is re­ 6-25-73...... Exxon Corporation______’___ 6 “ “ P.O. Box 2180 quired, further notice of such hearing Houston, Texas 77001 will be duly given. “ “ 11 “ “ « 15 Texas Eastern Transmission “ Under the procedure herein provided Corporation. for unless otherwise advised, it will be “ “ 34 United Gas Pipe Line Company. South Louisiana. " “ 39 Southern Natural Gas Company. Other Southwest unnecessary for Applicant to appear or Area. be represented at the hearing. [FB Doc.73-14552 Filed 7-16-73;8:45 am] M a r y B. K idd, Acting Secretary. [PB Doc.73-14553 Piled 7-16-73;8:45 am] [Docket No. CP73-339] duced from their respective interests in TENNESSEE GAS PIPELINE CO. Block 33 to it for 20 years or until the gas is depleted. On the same data, Applicant [Docket No. CP70-185] Notice of Application contracted with Continental and Cities TENNESSEE GAS PIPELINE CO. J u l y 10, 1973. Service to transport the other half of the Notice of Petition To Amend Take notice that on June 21, 1973, natural gas produced from said area Tennessee Gas Pipeline Company, a divi­ to a point onshore adjacent to Appli­ Ju l y 6, 1973. sion of Tenneco Inc. (A pplicant), P.O. cant’s Sabine-Kinder pipeline. After very Take notice that on June 25, 1973, Box 2511, Houston, Texas 77001, filed in limited development of the area, Appli­ Tennessee Gas Pipeline Company, a Di­ Docket No. CP73-339 an application pur­ cant presently estimates that 70 million vision of Tenneco Inc. (Petitioner), P.O. suant to section 7(c) of the Natural Gas Mcf of recoverable natural gas are avail­ Box 2511, Houston, Texas 77001, filed in Act for a certificate of public convenience able to it and plans to take into its own Docket No. CP70-185 a petition to amend and necessity authorizing the construc­ system through the proposed facilities the Commission’s order issued pursuant tion and operation of pipeline facilities approximately 50,000 Mcf of gas per day. to section 7(c) of the Natural Gas Act in the East Cameron Block 33 Area, off­ Applicant also proposes to transport an on June 22, 1970 (43 FPC 937) in said shore Louisiana, and the transportation estimated 25,000 Mcf of gas per day for docket so as to authorize Petitioner to of natural gas for Continental Oil Com­ Continental and an estimated 25,000 Mcf sell gas to the Springfield Gas Light pany (Continental) and Cities Service of gas per day for Cities Service through Company (Springfield) under Petition­ Oil Company (Cities Service), all as more the proposed facilities at 4.39 cents per er’s CD-6 rate schedule, all as more fmly fully set forth in the application which is Mcf for 20 years or until the gas is de­ set forth in the petition to amend which on file with the Commission and open to pleted. It is stated that Continental and is on file with the Commission and open public inspection. Cities Service have filed applications to public inspection. Applicant proposes to construct ap­ seeking Commission authorization for •The Commission by order of May 31, proximately 0.4 mile of 16-inch pipeline the proposed sale to Applicant in Docket 1973, in the subject docket, denied Pe­ extending from a Continental-Cities Nos. CI73-744 and CI73-728, respectively. titioner’s tender, pursuant to section 4 Service production platform to the end Applicant states that it needs the de- of the Natural Gas Act, of the gas pur­ of Applicant’s existing 16-inch pipeline liverability and supply that the new gas chase agreement of January 10,1973, be­ in the said area of offshore Louisiana source will provide in order to assure an tween Petitioner and Springfield, which and approximately 14.42 miles o f 16-inch uninterrupted supply of gas to itself and changed the service previously author­ pipeline extending from Applicant’s pipe­ its customers and to offset declines in ized from that under Petitioner’s G-6 line in East Cameron Block 16 to a point gas supplies from other sources. rate schedule to that under Petitioner’s of interconnection on Applicant’s 26-inch Any person desiring to be heard or to CD-6 rate schedule. The Commission’s line near the Grand Chenier Processing make any protest with reference to said order did not preclude Petitioner from Plant in Cameron Parish. The total eost application should on or before August 6, seeking separate authority to change its of the proposed facilities is $4,779,500 file with the Federal Power Commission, service to Springfield pursuant to sec­ and will be financed from general funds Washington, D.C. 20426, a petition to tion 7 of the Natural Gas Act. and/or borrowings under the Applicant’s intervene or a protest in accordance with Petitioner requests herein that the revolving credit agreements. the requirements of the Commission’s Commission’s order be amended to per­ It is stated that on November 14,1972, rules of practice and procedure (18 CFR mit it to sell gas to Springfield under its Applicant signed gas purchase contracts 1.8 or 1.10) and the regulations under CD-6 Rate Schedule in lieu of the G-6 with Continental and Cities Service dedi­ the Natural Gas Act (18 CFR 157.10). rate schedule. It is stated that although cating one-half of the natural gas pro­ All protests filed with the Commission the total annual volume of gas supplied

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19076 NOTICES to Springfield and the daily volume of presently effective Quantity Entitlements. ference, the Presiding Administrative 40,725 Mcf will not change, Petitioner In our order of June 15, 1973, we Law Judge will reconvene the hearing does propose to increase the daily volume found that the proposed tariff filing, ex­ for the purpose of ruling on all data re­ limit for delivery at the Agawam deliv­ cept for future Quantity Entitlements by quests or any other relevant matters pre­ ery point to 34,075 Mcf from the maxi­ Texas Gas, should be suspended for- one sented. Thereafter the hearing will be mum daily quantity of 29,322 Mcf and day and the use thereof deferred. A public recessed, and on or before October 4, the daily volume limit for delivery at hearing should now be held to test the 1973, the parties shall file answering the East Longmeadow delivery point to validity of the objections raised to im­ testimony and exhibits, if any. The hear­ 16,875 M cf from the maximum daily plementation of the priority-of-service ing will then convene on October 24, quantity o f 11,403 M cf, pursuant to the categories for curtailment purposes set 1973, at 10 a.m. (e.d.t.) in a hearing room gas purchase agreement o f June 1, 1973, forth in Texas Gas’ proposed curtailment of the Federal Power Commission, Wash­ between Petitioner and Springfield. procedure as well as to determine the ington, D.C., for the purposes of incor­ The purpose of the proposed service reasonableness of Texas Gas’ other re­ porating into the record the testimony change is to enable Springfield, which vised tariff provisions under the Natural and exhibits heretofore filed in this pro­ is building a natural gas liquefaction, 'Gas Act. We will also set forth the pro­ ceeding and of commencing cross-exam­ storage and vaporization facility at East cedures for that hearing. ?. ination. Longmeadow, Massachusetts, to divert Since Texas Gas’ proposed curtailment (D) A Presiding Administrative Law an estimated 1,000,000 M cf o f gas pur­ procedures conform to the procedures set Judge to be designated by the Chief Ad­ chased from Petitioner during the sum­ forth in our Statement of Policy, Order ministrative Law Judge—See Delegation mer months and store it for vaporiza­ No. 467-B, issued March 2, 1973, in of Authority, 18 CFR 3.5(d)—shall pre­ tion and sale during the winter to Docket No. R-469, we are of the view side at, and control these proceedings in Springfield’s high priority customers. that interveners opposing the proposed accordance with the policies expressed in Any person desiring to be heard or to procedures should be required to submit the Commission’s Rules of Practice and make any protest with reference to said testimony and exhibits in support of any Procedure and the purposes expressed in petition to amend should on or before deviations therefrom, in Texas Gas’ pro­ this order. August 3, 1973, file with the Federal posed curtailment plan, as well as in sup­ By the Commission. Power Commission, Washington, D.C. port of their objections to other tariff 20426, a petition to intervene or a pro­ provisions contained in Texas Gas’ filing [ seal] M ary B. K idd, test in accordance with the requirements o f May 17, 1973. Texas Gas, on the other Acting Secretary. of the Commission’s rules of practice and hand, should submit evidence supporting [FR Doc.73-14556 Filed 7-16-73;8:45 am] procedure (18 CFR 1.8 or 1.10) and the its revised tariff provisions other than Regulations under the Natural Gas Act those relating to priority of service dur­ (18 CFR 157.10). All protests filed with ing curtailed deliveries. [Docket No. CP73-309] the Commission will be considered by it After distribution of the aforesaid evi­ UNITED GAS PIPE LINE CO. AND in determining the appropriate action to dence, we believe that a conference TRANSCONTINENTAL GAS PIPE LINE CO. be taken but will not serve to make the should be scheduled to endeavor to settle Notice of Application; Correction Protestants parties to the proceeding. the issues raised in this proceeding. If Any person wishing to become a party the conference does not result in a settle­ June 19,1973. to a proceeding or to participate as a ment, we will hereinafter set forth the In the notice o f application, issued party in any hearing therein must file a procedures to be followed for the trial of June 11, 1973 and published in the petition to intervene in accordance with this proceeding. F ederal R egister June 22, 1973, 38 PR the Commission’s rules. The Commission finds. 16435: CAPTION: Add United Gas Pipe It is necessary and proper in the public Line Company * K enneth F. Plumb, interest and to aid in the enforcement K enneth F. P lumb, Secretary. of the provisions o f the ^Natural Gas Act Secretary. [FR Doc.73-14554 Filed 7-16-73;8:45 am] that the Commission enter upon a hear­ [FR Doc.73-14535 Filed 7-16-73;8:45 am] ing concerning the lawfulness of the pro­ posed changes in Texas Gas’ FPC Gas [Docket No. RP72-64] Tariff and that the issues in this pro­ FEDERAL RESERVE SYSTEM TEXAS GAS TRANSMISSION CORP. ceeding be scheduled for hearing in ac­ CITIZENS BANKSHARES INC. cordance with the procedures hereinafter Order Establishing Hearing and set forth. Formation of Bank Holding Company Conference Procedures The Commission orders. Citizens Bankshares Incorporated, St. July 9, 1973. (A) On or before August 13, 1973, Francis, Kansas, has applied for the By order issued June 15, 1973, in this Texas Gas and interveners shall file their Board’s approval under section 3(a)(1) proceeding, the Commission suspended cases-in-chief providing evidentiary sup­ of the Bank Holding Company Act (12 until June 18, 1973, certain proposed re­ port for their respective positions in U.S.C. 1 8 4 2(a)(1)) to become a bank vised tariff sheets1 to Texas Gas Trans­ regard to the issues herein which have holding company through acquisition of been described heretofore in the recital mission Corporation’s (Texas Gas) FPC 96 percent or more of the voting shares above. of The Citizens State Bank, St. Francis, Gas Tariff, Third Revised Volume No. 1.® (B) Pursuant to the authority of the Kansas. The factors that are considered These revisions to Texas Gas’ tariff per­ Natural Gas Act, particularly sections 4, in acting on the application are set forth tain, among other things, to curtailment 5 and 15 thereof, the Commission’s rules in section 3 (c) o f the ^Act (12 U.S.C. procedures, applicability of force majeure of practice and procedure, and the regu­ 1 84 2(c)). provisions to all failures of gas supply, lations under the Natural Gas Act (18 The application may be inspected at CFR, Chapter I)., a public hearing shall recovery of demand charge adjustments the office of the Board of Governors or be held in this proceeding on Septem­ at the Federal Reserve Bank of Kansas resulting from curtailment, imposition of ber 5, 1973, at 10 a.m. (e.d.t.) in a hear­ City. Any person wishing to comment on an overrun penalty, and extension of the ing room of the Federal Power Com­ the application should submit his views mission, Washington, D.C., for the in writing to the Reserve Bank to be »Designated as Original Sheet No. 92-C, purpose of incorporating into the record First Revised Sheet Nos. 90, 91, 92—A, and the testimony and exhibits previously received not later than July 22, 1973. 92—B, Second Revised Sheet No. 79 and Third distributed.. Immediately thereafter the Board of Governors of the Federal Re­ Revised Sheet No. 92. Presiding Administrative Law Judge will serve System, July 10, 1973. a Additionally, the Commission deferred de­ convene a conference for the purpose of cision on acceptance for filing of First Re­ endeavoring to settle the issues involved [ seal] T heodore E. Allison, vised Sheet Nos. 148 through 152 of that Assistant Secretary Volume, pending disposition of the issue in this proceeding. of the Board. raised concerning the revised tariff provisions (C) In the event that a settlement of filed by Texas Gas on May 17, 1973. the issues does not result from said con­ [FR Doc.73-14524 Filed 7 -16-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 NOTICES 19077 FIRST ALABAMA BANCSHARES, INC. 1842(a) (3)) to acquire 90 percent or will vary according to subcommittees. Acquisition of Bank more of the voting shares of Farmers The National Advisory Council on the and Mechanics National Bank, Freder­ Education of Disadvantaged Children is First Alabama Bancshares, Inc.,* Bir­ ick, Maryland. The factors that are con­ established under section 148 of the Ele­ mingham, Alabama, has applied for the sidered in acting on the application are mentary and Secondary Education Act Board’s approval under section 3(a) (3) set forth in § 3(c) of the Act (12 U.S.C. (20 U.S.C. 2411) to advise the President of the Bank Holding Company Act (12 1 84 2(c)). and the Congress of the effectiveness of U.S.C. 1842(a) (3)) to acquire 80 percent The application may be inspected at compensatory education to improve the or more of the voting shares of First the office of the Board of Governors or educational attainment of disadvan­ National Bank o f Athens, Athens, Ala­ at the Federal Reserve Bank of Rich­ taged Children. bama. The factors that, are considered mond. Any person wishing to comment The gathering is called to facilitate in acting on the application are set forth on the application should submit his subcommittee sessions. The 6 individual in section 3(c) of the Act (12 U.S.C. views in writing to the Secretary, Board subcommittees will have separate assign­ 1842(c)). of Governors of the Federal Reserve Sys­ ments and will meet in separate The application may be inspected at tem, Washington, D.C. 20551, to be re­ locations. the office of the Board of Governors or ceived not later than August 4, 1973. Because of limited space for the public at the Federal Reserve .Bank of Atlanta. Board of Governors of the Federal Re­ meeting o f subcommittees July 26 and 27, Any person wishing to comment on serve System, July 9,1973. all persons wishing to attend should call the-application should submit his views for reservations at Area Code 202/632- in writing to the Secretary, Board of [ sealJ T heodore E. A l l is o n , 5221 by July 23,1973. Governors of the Federal Reserve Sys­ Assistant Secretary tem, Washington, D.C. 20551, to be re­ of the Board. Further information regarding sub­ committee sessions can be obtained from ceived not later than August 4,1973. [FR Doc.73-14523 Filed 7-16-73;8:45 am] this office at the above number. [seal] T heodore E . A l l is o n , Records shall be kept of all Council Assistant Secretary NATIONAL ADVISORY COUNCIL ON proceedings and shall be available for of the Board. public inspection at the Office of the [FRDoc.73-14525 Filed 7-16-73;8:45 am] THE EDUCATION OF DISADVAN­ National Advisory Council on the Educa­ TAGED CHILDREN tion of Disadvantaged Children, located Notice of Public Meeting in Room 202,1717 H Street, NW., Wash­ SUBURBAN BANCORPORATION ington, D .C .20006. Notice is hereby given, PL 92-463, that Acquisition of Bank the next meeting of the National Ad­ Signed at Washington, D.C. on July 11, Suburban Bancorporation, Hyattsville, visory Council on the Education of Dis­ 1973. Maryland, has applied for the Board’s advantaged Children will be held at 1:00 R oberta L o v eh e im , approval under section 3(a)(3) of the p.m. July 26, 1973 through July 27, 1973 Executive Director. Bank Holding Company .Act (12 U.S.C. at 3:00 p.m. The location of the meeting [FR Doc.73-14522 Filed 7-16-73;8:45 am]

FEDERAL COMMUNICATIONS COMMISSION [Canadian List 311] CANADIAN STANDARD BROADCAST STATIONS Notification List

Ju l y 6,1973. List of new stations, proposed changes in existing stations, deletions, and corrections in assignments of Canadian standard broadcast stations modifying the assignments of Canadian broa dcast stations contained in the Appendix to the Recommenda­ tions of the North American Regional Broadcasting Agreement Engineering Meeting January 30,1941.

Antenna Ground system Proposed date Call Letters Power kW Antenna Schedule Class of commencement (ft) No. of Length of operation radiais (ft!)

1 0 6 0 k H z CJRP _ . Quebec, Quebec N 46 41 08 W 71 19 54 (Now in 50D/10N DA-2 U n operation). n i f i k H z (New! . The Pas, Manitoba N 53 48 50 W 101 16 33...... 1D/0.5N ND-175 u IV 135 120 324 E.LO. 6 7.74

I 8 6 0 k H z CHAT, - . St. Pamphile, Quebec N 46 58 58 W 69 48 38 (Assign- 1 DA-1 U m ment of call letters).

[seal] H arold L. K assens, Acting Chief, Broadcast Bureau, Federal Communications Commission. [FR Doc.73-14468 Filed 7-16-73:8:45 am]

FEDERAL REGISTER, VOL. 88, NO. 136— TUESDAY, JULY 17, 1973 19078 NOTICES

INTERSTATE COMMERCE 19, the railroads named herein, and their Rutland, Vermont, because of track COMMISSION short line connections, are hereby au­ damage from flooding. thorized to use and to accept from ship­ It is ordered, That: [Notice 297] pers shipments of grain originating at (a) The Green Mountain Railroad ASSIGNMENT OF HEARINGS stations located to Kansas, Nebraska, Corporation, being unable to transport and Oklahoma when loaded into plain traffic over its line between Gassetts, July 12,1973. 40-ft. narrow-door boxcars of various Vermont, and Rutland, Vermont, because Cases assigned for hearing, postpone­ ownerships without regard to the re­ of track damage from flooding, that car­ ment, cancellation or oral argument ap­ quirements of Car Service Rule 2. rier is hereby authorized to reroute or pear below and will be published only Exception. This exemption shall not divert such traffic via any available route once. This list contains prospective as­ apply to plain boxcars subject to Asso­ to expedite the, movement. The billing signments only and does not include ciation of American Railroads Car Relo­ covering all such cars rerouted shall cases previously assigned hearing dates. cation Directive No. 44. carry a reference to this order as author­ The hearings will be on the issues as ity for the rerouting. presently reflected in the Official Docket Effective 11:59 p.m., July 7, 1973. (b) Concurrence of receiving roads to of the Commission. An attempt will be Expires 11:59 p.m., July 18, 1973. be obtained. The railroad desiring to di­ made to publish notices of cancellation Issued at Washington, D.C., July 3, vert or reroute traffic under this order of hearings as promptly as possible, but shall receive the concurrence of other interested parties should take appro­ 1973. I nterstate Commerce railroads to which such traffic is to be priate steps to insure that they are noti­ diverted or rerouted, before the rerout­ fied of cancellation or postponements of Commission, R. D. Pfahler, ing or diversion is ordered. hearings in which they are interested. No Agent. (c) Notification to shippers. Each car­ amendments will be entertained after rier rerouting cars in accordance with the date of this publication. [FR Doc.73-14564 Filed 7-16-73;8:45 am] this order shall notify each shipper at No. MC—113678, Sub 442, Curtis, Inc., No. the time each car is rerouted or di­ MC-115841 Sub 412, Colonial Refrigerated FOURTH SECTION APPLICATION FOR verted and shall furnish to such shipper Trans, & No. MC-117883 Sub 158, Subler RELIEF the new routing provided under this Transfer, Inc., is continued to Septem­ order. ber 18, 1973 at the Offices of the Interstate Ju l y 12, 1973. (d) Inasmuch as the diversion or re­ Commerce Commission, Washington, D.C. An application, as summarized below, routing of traffic is deemed to be due to MC 114290 Sub 64, Exley Express, Inc., now has been filed requesting relief from the carrier disability, the rates applicable to being assigned hearing October 9, 1973 (1 requirements of section 4 of the Inter­ traffic diverted or rerouted by said Agent day), at Olympia, Wash., in a hearing room state Commerce Act to permit common shall be the rates which were applicable to be later designated. carriers named or described in the ap­ at the time of shipment on the shipments MO 20824 Sub 31, Commercial Motor Freight, plication to maintain higher rates and as originally routed. Inc., now being assigned hearing Septem­ charges at intermediate points than (e) In executing the directions o f the ber 17, 1973 (1 week), at Indianapolis, In­ those sought to be established at more Commission and of such Agent pro­ diana, in a hearing room to be later designated. distant points. vided for in this order, the common car­ MC 134460 Sub 8, American Transport Sys­ Protests to the granting of an appli­ riers involved shall proceed even though tem, Inc., now being assigned hearing Sep­ cation must be prepared in accordance no contracts, agreements, or arrange­ tember 13, 1973 (1 day), at San Francisco, with Rule 1100.40 o f the General Rules ments now exist between them with re­ Calif., in a hearing room to be later of Practice (49 CPR 1100.40) and filed ference to the division of the rates of designated. within 15 days from the date of publica­ transportation applicable to said traffic. tion of this notice in the Federal R eg­ [seal] R obert L. O swald, Divisions shall be, during the time this Secretary. ister. order remains in force, those voluntarily FSA No. 42713—Brewers' Grains and agreed upon by and between said car­ [FR Doc.73-14560 Filed 7-16-73; 8:45 am] Malt Sprouts from, to and Between riers; or upon failure of the carriers to Points in I FA, Southwestern and WTL so agree, said divisions shall be those Territories. Filed by Western Trunk Line hereafter fixed by the Commission in [Ex Parte 241; Rule 19, 3rd Rev. Exemption 43] Committee, Agent, (No. A-2686), for in­ accordance with pertinent authority con­ terested rail carriers. Rates on brewers’ ferred upon it by the Interstate Com­ ATCHISON, TOPEKA, AND SANTA FE grains, dried, in bulk; also malt sprouts, merce Act. RAILWAY CO., ET AL. in bulk or in bags, in carloads, as de­ (f) Effective date. This order shall be­ Exemption Under Mandatory Car Service scribed in the application, from, to and Rules between points in Illinois Freight As­ come effective at 11:30 a.m. July 2,1973. sociation, southwestern, and western (g) Expiration date. This order shall To: The Atchison, Topeka and Santa trunk-line territories. expire at 11:59 p.m., September 30,1973, Pe Railway Company, Burlington North­ Grounds for relief—Revision in car­ unless otherwise modified, changed, or ern Inc., Chicago and North Western load minimum weights. Transportation Company, Chicago, Rock suspended. Island and Pacific Railroad Company, Tariffs—Supplement 30 to Western It is further ordered, That this order Trunk Line Committee, Agent, tariff 120- Missouri-Kansas-Texas Railroad Com­ shall be served upon the Association of pany, Missouri Pacific Railroad Com­ L, I.C.C. No. A-4868, and other sched­ ules named in the application. Rates are American Railroads, Car Service Divi­ pany, St. Louis-San Francisco Railway sion, as agent of all railroads subscribing Company, Union Pacific Railroad Com­ published to become effective on Au­ pany. gust 12,1973, and later. to the car service and car hire agree­ It appearing, that there is a massive By the Commission ment under the terms of that agreement, and upon the American Short Line Rail­ harvest of wheat in progress in the states [seal] R obert L. O swald, of Kansas, Nebraska, and Oklahoma; Secretary. road Association; and that it be filed with that presents supplies of plain boxcars the Director, Office of the Federal Regis­ [FR Doc.73-14561 Filed 7-16-73;8:45 am] owned by the railroads serving these ter. states are inadequate to move the newly harvested grain to terminal elevators for [Rev. S.O. 994, I.C.C. Order 104] Issued at Washington, D.C., July 2, safe storage; that use of available plain 1973. boxcars owned by other carriers for GREEN MOUNTAIN RAILROAD CORP. movements of this grain will substan­ Rerouting or Diversion of Traffic I nterstate Commerce, Commission, tially augment the car supplies of the In the opinion of R. D. Pfahler, Agent, railroads named herein. [seal] R. D. Pfahler, the Green Mountain Railroad Corpora­ Agent. It is ordered, That pursuant to the au­ tion is unable to transport traffic over its thority vested in me by Car Service Rule line between Gassetts, Vermont, and [FR Doc.73-14563 Filed 7-16-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 NOTICES 19079 [Notice 314] Frick Building, Pittsburgh, Pa. 15219 cally noted, each applicant states that MOTOR CARRIER BOARD TRANSFER attorney for applicants. there will be no significant effect on the PROCEEDINGS No. MC-FC-74521. By order of July 11, quality of the human environment re­ sulting from approval of its application, Synopses of orders entered by the 1973, the M otor Carrier Board approved the transfer to OC Transportation Co., for temporary authority under section Motor Carrier Board o f the Commission 210a (a) of the Interstate Commerce Act pursuant to sections 212(b ), 206(a), 211, Inc., Beverly, N.J., of the operating rights in Permits Nos. M C-114332, M C-114332 provided for under the new rules of Ex 312(b), and 410(g) of the Interstate Parte No. MC-67, (49 CFR Part 1131) Commerce Act, and rules and regulations (Sub-No. 4), MC-114332 (Sub-No. 5), and MC-114332 (Sub-No. 6) issued Jan­ published in the F ederal R egister, issue prescribed thereunder (49 CFR Part o f April 27, 1965, effective July 1, 1965. 1132), appear below: uary 12,1968, May 19,1971, December 23, 1969, and August 30, 1972, respectively, to These rules provide that protests to the Each application (except as otherwise granting of an application must be filed specifically noted) filed after March 27, Rayburn Trucking, Inc., Elizabeth, N.J., authorizing the transportation of (1) with the field official named in the Fed­ 1972, contains a statement by applicants eral R egister publication, within 15 that there will be no significant effect on such merchandise as is dealt in by whole­ sale, retail, and chain grocery and food calendar days after the date of notice the quality of the human environment of the filing of the application is pub­ resulting from approval o f the applica­ business houses, and in connection there­ with, equipment, material, and supplies lished in the Federal R egister. One copy tion. As provided in the Commission’s of such protests must be served on the Special Rules o f Practice any interested used in the conduct of such business, be­ tween points in a defined area of New applicant, or its authorized representa­ person may file a petition seeking re­ tive, if any, and the protests must certify consideration of the following numbered Jersey, Delaware, and Pennsylvania; (2) fruits, vegetables, farm products, poul­ that such service has been made. The proceeding on or before August 6, 1973. protests must be specific as to the service Pursuant to section 17(8) o f the Inter­ try, and sea food, from points in Dela­ ware, New Jersey, and Pennsylvania, to which such protestant can and will offer, state Commerce Act, the filing of such and must consist of a signed original and a petition will postpone the effective date points in the territory indicated above; (3) groceries and grocery store supplies, six (6) copies. of the order in that proceeding pending A copy of the application is on file, and its disposition. The matters relied upon from Philadelphia, Pa., to Baltimore, Md., and points in New Jersey; (4) sugar, can be examined at the Office of the Sec­ by petitioners must be specified in their retary, Interstate Commerce Commis­ petitions with particularity. from Edgewater and Linden, N.J., to points in New York and New Jersey sion, Washington, D.C., and also in field .Finance Docket No. 27297. By order office to which protests are to be within 40 miles of Edgewater, and sugar transmitted. entered July 5, 1973, the M otor Carrier and sugar products, in containers, from Board approved the transfer to C-Line New York, N.Y., and Linden, N.J., to M otor Carriers op Property Forwarding Co., Inc., Warwick, Rhode points in New Jersey (except Linden) Island, of that portion of Fourth No. MC 26396 (Sub-No. 80 TA) filed and New York within 40 miles of Colum­ June 25, 1973 A pplicant: POPELKA Amended Permit and Order No. FF-96, bus Circle, New York, N.Y., and (5) wear­ issued September 6, 1972, to New Eng­ TRUCKING CO. doing business as THE ing apparel and component parts used WAGGONERS P.O. Box 990 201 W. Park land Forwarding Company, Inc., North in the manufacture thereof, between Bergen, N.J., authorizing operations, in Livingston, Mont. 59047 Applicant’s rep­ New York, N.Y., and Elizabeth and Mid­ resentative: Wayne Waggoner (same ad­ interstate commerce, as a freight for­ dlesex, N.J., on the one hand, and, on the warder o f commodities generally, be­ dress as above) Authority sought to op­ other, Miami, Fla., restricted to the erate as a common carrier, by m otor tween New York, N.Y., points in Nassau, transportation of traffic in foreign com­ Westchester, and Rockland Counties, vehicle, over irregular routes, transport­ merce having a prior or subsequent in g: (1) Meat scraps, blood meal, bone N.Y., and Passaic, Essex, Union, Hudson, movement by water or air, and limited Middlesex, and Bergen Counties, N.J., on meal, in bulk and bags; and (2) B enton­ to a transportation service performed ite, in bulk and bags: (1) from the plant the one hand, and, points in Philadel­ under a continuing contract, or con­ phia, Delaware, and Montgomery Coun­ sites of Billings, Rendering, Midland Em­ tracts, with Trade Wind Fashions, Ltd., pire Packing Company, Pierce Packing, ties, Pa., Camden and Gloucester Coun­ of New York, N.Y. Charles J. Williams, ties, N.J., Baltimore, Md., points in and Montana Beef Industries, at or near 47 Lincoln Park, Newark, N.J. 07102 At­ Billings, Mont.; Great Falls Meat Com­ Baltimore, Anne Arundel, Prince torney for applicants. George’s, Montgomery, and Howard pany, at or near Great Falls, Mont.; Counties, Md., Alexandria, Va., Arling­ No. MC-FC-74522. By order of July 3, Western Montana By-Products, at or ton and Fairfax Counties, Va., and the 1973, the Motor Carrier Board approved near Missoula, Mont.; and Miles City District of Columbia, on the other; and the transfer to Harry Charles Freeman, Rendering Company, at or near Miles between points in the areas above de­ D /B/A New Basin Homing Pigeon Train­ City, Mont., to points in Minnesota, scribed, on the one hand, and, points in ing, Brooklyn, N.Y. 11234, o f Certificate Iowa, South Dakota, North Dakota, Rhode Island, and Bristol, Suffolk, Mid­ No. MC-114556 issued May 18, 1971, to Washington, and Oregon; (2) from the dlesex, Norfolk, Plymouth, Essex, and Walter Dittenheimer, Howard Beach, plant sites of American Colloid at or near Worcester Counties, Mass., on the other, N.Y. 11414, authorizing the transpor­ Belle Fourche, S. Dak., to points in Min­ restricted against the transportation of tation of Homing pigeons, from Brook­ nesota, Iowa, South Dakota, North Da­ traffic having a prior or subsequent lyn and Queens Boroughs, N.Y., to Wil­ kota, Nebraska, Wisconsin and Illinois, movement in foreign commerce. Ronald mington, DeL, Aberdeen, Md., Char­ for 180 days. SUPPORTING SHIPPER: N. Cobert, 1730 M St., N.W., Washington, lottesville and Danville, Va., Washing­ Wellens & Co., Inc., 6700 France Avenue D.C. 20036 and W illiam J. Lippman, 1819 ton, D.C., points in New Jersey, and those South, Minneapolis, Minn. 55435. SEND H St., N.W., Washington, D.C., attorneys in that part of Pennsylvania east of the PROTESTS TO: Paul J. Labane, District for transferee and transferor, respec­ Susquehanna River. Morris .Honig, 150 Supervisor, Bureau of Operations, Inter­ tively. Broadway, New York, N.Y. 10038, attor­ state Commerce Commission, Rm. 222 ney for applicant. U.S. Post Office Bldg., Billings, Mont. Nq. MC-FC-74512. By order of ‘July 5, 59101. 1973, Motor Carrier Board approved the [seal] R obert L. O swald, No. MC 52921 (Sub-No. 23 TA) filed transfer to H. and H. Hauling, Inc., 469 •Secretary. Main St., Brookville, Pa., 15825, o f the June 26, 1973 Applicant: RED BALL, operating rights in Certificate No. MC- [FR Doc.73-14566 Filed 7-16-73;8:45 am] INCr 317 E. Lee (Collins Bldg.) P. O. Box 128047 (Sub-No. 1), issued December 4, 520 Sapulpa, Okla. 74066 Applicant’s representative: Lewis C. Johnson 200 1970, to Clark R. Ingram, R.D. #1, ■ . _ [Notice 91] Weedville, Pa., 15868, authorizing the Law Bldg. 500 W. 7th Tulsa, Okla. 74119 transportation of coal, from points' in MOTOR CARRIER TEMPORARY Authority sought to operate as a com ­ Huston Township (Clearfield County), AUTHORITY APPLICATIONS mon carrier, by motor vehicle, over ir­ regular routes, transporting: Paper and Pa., and points in Elk County, Pa., to Ju l y 6, 1973. Points in Erie, Chautauqua, and Niagara paper products, from the plant site and The following are notices of filing of storage facilities of Olinkraft, Inc., Mon­ Counties, N.Y. Arthur J. Diskin, 806 application, except as otherwise specifi­ roe and West Monroe, La., to points in FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19080 NOTICES Arkansas, Colorado, New Mexico, Okla­ ING COMPANY, P.O. Box 333, Newberry, nomah Bldg., 319 S.W. Pine Street, Port­ homa, Missouri and Texas, for 180 days. S.C. 29108. Applicant’s representative: land, Oreg. 97204. SUPPORTING SHIPPER: H. T. Nichols, Terry P. W ilson, 919 Eighteenth Street N.o. MC 119789 (Sub-No. 164 TA) filed Traffic Manager, Olinkraft, Inc., P. O. NW., Washington, D.C. 20006. Authority June 27, 1973 Applicant: CARAVAN Box 488, W est Monroe, La. 71291. SEND sought to operate as a common carrier, REFRIGERATED CARGO, INC. P.O. PROTESTS TO: C'. L. Phillips, District by motor vehicle, over irregular routes, Box 6188 1612 East Irving Blvd. Dallas^ Supervisor, Bureau of Operations, Inter­ transporting: Urethane and urethane Tex. 75222 Applicant’s representative: state Commerce Commission, Rm. 240- products, from the facilities of the Celo- James K. Newbold, Jr. (same address as Old P. O. Bldg., F t W orth, Tex. 73102. tex Corporation at or near Elizabeth­ above) Authority sought to operate as town, Ky., to points in Virginia, North a common carrier, by m otor vehicle, over No. MC 100666 (Sub-No. 248 TA) filed Carolina, South Carolina, Georgia and May 31, 1973 Applicant: MELTON irregular routes, transporting: Meats, Florida, for 180 days. SUPPORTING meat products, and meat by-products, TRUCK LINES, INC. 1129 Grimmett SHIPPER: The Celotex Corporation, Drive P. O. Box 7666 Shreveport, La. and articles distributed by meat packing­ Tampa, Fla. 33607. SEND PROTESTS houses, as described in Sections A and C 71107 Authority sought to operate as a TO: District Supervisor E. E. Strotheid, common carrier, by motor vehicle, over of Appendix I to the report in Descrip­ Bureau of Operations, Interstate Com­ tions in Motor Carrier Certificates 61 irregular routes, transporting: Plastic merce Commission, 300 Columbia Build­ pipe, from Rolla, Mo., to points in Ar­ M.C.C. 209 and 766 (except hides and ing, 1200 Main Street, Columbia, S.C. commodities in bu lk ), from Liberal, kansas, Illinois, Iowa, Kansas, Louisiana, 29201. Mississippi, Nebraska, Oklahoma, and Kans., to points in Michigan and Ohio, Texas, for 180 days. SUPPORTING No. MC 114606 (Sub-No. 6 TA) filed for 180 days. RESTRICTION: Restricted SHIPPER: Some Industries, Inc., Pipe June 26,1973. Applicant: S. F. DOUGLAS to the transportation of traffic originat­ Div., Box 1235, Rolla, Mo. 65401, Mr. TRUCK LINE, INC., 587 First Street SW „ ing at the plant site and storage facili­ John L. Ellis, Customer Service Mgr. P.O. Box 2766, New Brighton, Minn. ties o f National Beef Packing Company, SEND PROTESTS TO: Paul D. Collins, 55112. Applicant’s representative: F. H. Inc., and destined to the named destina­ District Supervisor, Interstate Commerce Kroeger, 2288 University Avenue, St. tions. SUPPORTING SHIPPER: Na­ Commission, Bureau of Operations, T - Paul, Minn. 55114. Authority sought to tional Beef Packing Company, P.O. Box 9038 U.S. Postal Service Building, 701 operate as a common carrier, by m otor Q, Liberal, Kans. 67901. SEND PRO­ Loyola Avenue, New Orleans, La. 70113. vehicle, over irregular routes, transport­ TESTS TO: Gerald T. Holland, Trans­ ing: Sugar, other than liquid, in bulk, in portation Specialist, Interstate Com­ No. MC 107295 (Sub-No. 649 TA) filed tank vehicles, from Chaska, Minn., to merce Commission, Bureau of Opera­ June 22, 1973 Applicant: PRE-FAB Fremont, Nebr., for 180 days. SUPPORT­ tions, 1100 Commerce Street, Room TRANSIT CO 100 South Main Street ING SHIPPER: American Crystal Sugar 13C12, Dallas, Tex. 75202. P.O. B ox 146 Farmer City, HI. 61842 Company, P.O. Box 419, Denver, 'Colo. Applicant’s representative: Bruce J. 80201. SEND PROTESTS TO: District No. MC 123048 (Sub-No. 262 TA) filed Kinnee (same address as above) Au­ Supervisor Raymond T. Jones, Bureau June 26, 1973 Applicant: DIAMOND thority sought to operate as a common of Operations, Interstate Commerce TRANSPORTATION SYSTEM, INC. carrier, by motor vehicle, over irregular Commission, 448 Federal Bldg., 110 S. 1919 H am ilton Avenue P.O. Box A routes, transporting: Cabinets, wooden, 4th Street, Minneapolis, Minn. 55401. Racine, Wis. 53401 Applicant’s repre­ parts thereof and counter tops, with or sentative: Carl S. Pope (same address without vinyl covering or plastic, set up No. MC 114896 (Sub-No. 7 TA) filed as applicant) Authority sought to oper­ or knocked down, from the Boise Cas­ June 26, 1973 Applicant: PUROLATOR ate as a common carrier, by motor vehi­ cade Corporation facilities at Fendwick, SECURITY, INC. Suite 1001 1341 W. cle, over irregular routes, transporting: Paw Paw and Moorefield, W. Va., and M ockingbird Lane Dallas, Tex. 75202 Agricultural tractors and parts therefor Berryville, Orange and Winchester, Va., Applicant’s representative: William E. when transported in same vehicle at the to all points in the continental United Fullingim (same address as above) Au­ same time, from Milwaukee, Wis., to States, for 180 days. SUPPORTING thority sought to operate as a contract points in Illinois and Iowa, for 180 days. SHIPPER: Charles G. Wise, Mgr., Trans­ carrier, by motor vehicle, over irregular SUPPORTING SHIPPER: Deere & portation Commerce, Boise Cascade Cor­ routes, transporting: Food coupons, be­ Company, Transportation Department, poration, P.O. Box 7747, Boise, Idaho tween all points in the United States 400 19th Street, Moline, HI. 61265, (S. H. 83707. SEND PROTESTS TO: Harold C. (except Alaska and Hawaii), for 180 Lane, Supervisor, Truck Transporta­ Jolliff, District Supervisor, Bureau of days. SUPPORTING SHIPPER: General tion). SEND PROTESTS TO: District Operations, Interstate Commerce Com­ Services Administration, Chief, Con­ Supervisor John E. Ryden, Interstate mission, Leland Office Building, 527 East tracts and Negotiations Branch, Wash­ Commerce Commission, Bureau of Oper­ Capitol Avenue, Room 414, Springfield, ington, D.C. 20406. SEND PROTESTS ations, 135 West Wells Street—Room 807, H I. 62701. TO: Transportation Specialist Gerald T. Milwaukee, Wis. 53203. Holland, Interstate Commerce Commis­ No. MC 107496 (Sub-No. 900 TA) filed sion, Bureau o f Operations, 1100 Com­ No. MC 125785 (Sub-No. 21 TA) filed June 26,1973 Applicant: RUAN TRANS­ merce Street, Room 13C12, Dallas, Tex. June 25, 1973 Applicant: SATURN EX­ PO RT CORPORATION P.O. Box 855 75202. PRESS, INC. 8716 L Street Omaha, Nebr. (Box zip 50304) Keosauqua Way at Third No. MC 116474 (Sub-No. .27 TA) filed 68127 Applicant’s representative: Donald St. Des Moines, Iowa 50309 Applicant’s L. Stem 530 Univac Building Omaha, representative: E. Check (same address June 26, 1973 A pplicant: LEAVITTS FREIGHT SERVICE, INC. 3855 Marcola Nebr. 68106 Authority sought to operate as above) Authority sought to operate as as a contract carrier, by m otor vehicle, a common carrier, by motor vehicle, over Road Springfield, Oreg. 97477 Appli­ cant’s representative: David C. White over irregular routes, transporting: Edi­ irregular routes, transporting: LPG, in ble corn products and pretzels, from bulk, in tank vehicles, from Watertown, 2400 S.W. Fourth Avenue Portland, Oreg. 97201 Authority sought to oper­ Terre Haute, Ind., to Omaha, Nebr., for Wis., to points in Iowa, Illinois, and Min­ 180 days. SUPPORTING SHIPPER: nesota, for 150 days. SUPPORTING ate as a contract carrier, by motor ve­ hicle, over irregular routes, transporting: K itty Clover Division, Fairmont Foods SHIPPER: Hydrocarbon, Inc., 765 North Co., 24th & Martha Streets, Omaha, ChUrch Street, Watertown, Wis. 53094. Laminated wood products, for the ac­ Nebr. SEND PROTESTS TO: District SEND PROTESTS TO: Herbert W. Allen, count o f Rosboro Lumber Company, from Springfield, Oreg., to points in Arizona, Supervisor Carroll Russell, Bureau of Transportation Specialist, Bureau of Operations, Interstate Commerce Com­ Operations, Interstate Commerce Com­ for 180 days. SUPPORTING SHIPPER: Rosboro Lumber Company, P.O. Box mission, 711 Federal Office Building, mission, 875 Federal Building, Des Omaha, Nebr. 68102. Moines, Iowa 50309. 1098, Springfield, Oreg. 97477. SEND PROTESTS TO: District Supervisor A. No. MC 128343 (Sub-No. 25 TA) filed No. MC 114552 (Sub-No. 85 TA) filed E. Odoms, Bureau of Operations, Inter­ June 25, 1973 Applicant: C-LINE, INC. June 25,1973. Applicant: SENN TRUCK­ state Commerce Commission, 450 Mult­ Tourtellot Hill Road Chepachet, R.L

FEDERAL REGISTER, V O L 38, NO. 136— TUESDAY, JULY 17, 1973 NOTICES 19081 02814 Applicant’s representative: Ron­ sought to operate as a contract carrier, ucts, meat byproducts and articles dis­ ald N. Cobert 1730 M Street, N.W. by motor vehicle, over irregular routes, tributed by meat packing houses as de­ Washington, D.C. 20036 Authority transporting: Cheese and cheese food scribed in Sections A and C of Appendix sought to operate as a common carrier, products, (1) from Hilbert, Wis. and I to the report in Descriptions in Motor by motor vehicle, over irregular routes, Weyauwega, Wis., to points in Connecti­ Carrier Certificates, 61 MCC 209 and 766, transporting: Cinder blocks, from W ar­ cut, Delaware, District of Columbia, from the facilities of Missouri Beef Pack­ wick, R.I., to Fitchburg, Harwich, Lex­ Maryland, Massachusetts, New Jersey, ers, Inc. at or near Boise, Idaho, to points ington and Lowell, Mass., fo r 180 days. New York, Pennsylvania, Rhode Island, in Washington, California, Oregon, Ne­ SUPPORTING SHIPPER: Cinder Prod­ Virginia and West Virginia and (2) from vada, Idaho and Utah, fo r 180 days. ucts Corporation, 399 Kilvert Street, Somerville, Mass., to points in Connecti­ SUPPORTING SHIPPER: Missouri Beef Warwick, R.I. 02886. SEND PROTESTS cut, Delaware, District of Columbia, Illi­ Packers, Inc., 630 Amarillo Bldg., Am­ TO: Gerald H. Curry, District Super­ nois, Maryland, Michigan, New Jersey, arillo, Tex. 79101, (N. L. Cummins, Vice visor, Bureau of Operations, Interstate New York, Pennsylvania, Rhode Island, President—Physical Distribution). SEND Commerce Commission, 187 Westminster Virginia, West Virginia, and Wisconsin, PROTESTS TO: District Supervisor Lyle Street, Providence, R .1 .02903. for the account of Chumey Company, D. Heifer, Interstate Commerce Commis­ No. MC 128659 (Sub-No. 3 TA) filed Inc., for 180 days. SUPPORTING SHIP­ sion, Bureau o f Operations, 5239 Fed­ June 27, 1973 Applicant: ORBITAL PER: Chumey Company, Inc., 39 Med­ eral Building, 125 South State Street, ford St., Somerville, Mass. 02143 (Paul Salt Lake City, Utah 84111. TRANSPORT, INC. 2647 Karen Street R. McGee, Vice President). SEND PRO­ Bellmore, N.Y. 11710 Applicant’s rep­ TESTS TO: District Supervisor John E. No. MC 138760 TA filed June 27, 1973 resentative: Arthur J. Piken One Lefrak Ryden, Interstate Commerce Commis­ Applicant: ABRAMS TRUCKING COM­ City Plaza Hushing, N.Y. 11368 Au­ sion, Bureau of Operations, 135 West PANY 3011 San R afael Tampa, H a. 33609 thority sought to operate as a contract Wells Street Room 807—Milwaukee, Wis. Applicant’s representative: N. W. Abrams carrier, by motor vehicle, over irregular 53203. (same address as above) Authority routes, transporting: Glass Bottles, from sought to operate as a contract carrier, Wharton, North Bergen, Millville and No. MC 136713 (Sub-No. 1 TA) filed by motor vehicle, over irregular routes, Freehold, N.J. and Orangeburg, N.Y., June 26,1973. Applicant: AERO LIQUID transporting: Dry bulk materials in to Garden City and Patchogue, N.Y, un­ TRANSIT, INC. 834 West Main Street, dump or side unloading compartmentized der contract with PepCom Industries, Lowell, Mich. 49331. Applicant’s repre­ vehicles, from or to the plant site loca­ Inc., for 180 days. SUPPORTING SHIP­ sentative: Daniel J. Kozera, Jr., 715 tions of Kerr-McGee Chemical Corp. in PER: PepCom Industries, Inc., Roosevelt McKay Tower, Grand Rapids, Mich. Alabama, Horida, Georgia, Mississippi, Field, Garden City, N.Y. 11530. SEND 49502. Authority sought to operate as a North Carolina and South Carolina, for PROTESTS TO: Anthony D. Giaimo, common carrier, by motor vehicle, over 180 days. SUPPORTING SHIPPER: District Supervisor, Interstate Commerce irregular routes, transporting: Liquefied Kerr-McGee Chemical Corp., Kerr-Mc­ Commission, Bureau of Operations, 26 petroleum gases, in bulk, in tank vehi­ Gee Center, Oklahoma City, Okla. SEND Federal Plaza, New York, N.Y. 10007. cles, from points in Kent County, Mich., PROTESTS TO: District Supervisor to points in Indiana, for 180 days. SUP­ No. MC 134323 (Sub-No. 52 TA) filed Joseph B. Teichert, Interstate Commerce PORTING SHIPPER: Ben Geib, Assist­ Commission, Bureau of Operations, 5720 June 26, 1973 Applicant: JAY LINES, ant Manager, A&E Transportation, Inc., INC. 720 N. Grand Street P.O. Box S.W. 17th Street, Room 105, Miami, Fla. 5010 N. Post Road, Indianapolis, Ind. 33155. 4146 (Box zip 79105) Amarillo, Tex. 46226. SEND PROTESTS TO: C. R. 79107 Applicant’s representative: Gailyn Hemming, District Supervisor, Inter­ No. MC 138765 (Sub-No. 1 TA) filed Larson, P.O. Box 80806 Lincoln, Nebr. state Commerce Commission, Bureau of June 25, 1973 A pplicant: YODER’S 68501 Authority sought to operate as a Operations, 225 Federal Building, Lan­ MILK TRANSPORT, INC. 8 Salisbury contract Carrier, by motor vehicle, over sing, Mich. 48933. Street Meyersdale, Pa. 15552 Applicant’s irregular routes, transporting: Meats, representative: Harold E. Miller (same meat products, meat by-products and ar­ No. MC 138165 (Sub-No. 1 TA) filed address as above). Authority sought to ticles distributed by meat packinghouses June 25, 1973. Applicant: CANUCK operate as a contract carrier, by m otor as described in Sections A and C of Ap­ CARRIERS, Ltd., 1514 Meridian Road, vehicle, over irregular routes, transport­ pendix I to the report in Descriptions in N.E., Calgary, Alberta, Canada. Appli­ ing: Processed milk and dairy products, Motor Carrier Certificates, 61 MCC 209 cant’s representative: Joe Gerbase, 404 from Cumberland, Md., to (1) points in and 766, from the facilities of Missouri North 31st Street, Billings, Mont. 59101. Allegany and Washington Counties, Md.; Beef Packers, Inc. at or near Boise, Authority sought to operate as a con ­ (2) points in Bedford, Blair, Cambria, Idaho, to points in Arizona, California, tract carrier, by motor vehicle, over ir­ Fulton, Huntington, Franklin, and Colorado, Connecticut, Delaware, Illinois, regular routes, transporting: Farm ma­ Somerset Counties, Pa.; and (3) points Indiana, Iowa, Kansas, Maine, Mary­ chinery and component parts thereof, in Monongalia, Preston, Taylor, Barbour, land, Massachusetts, Michigan, Missouri, from Hesston, Kans. and Logan, Utah, Randolph, Tucker, Hardy, Mineral, Nebraska, Nevada, New Jersey, New to points on the International Boundary Hampshire, Morgan and Berkeley Coun­ Hampshire, New Mexico, New York, Line between the United States and ties, W. Va., for 180 days. SUPPORTING Ohio, Oklahoma, Oregon, Pennsylvania, Canada, at or near Pembina and Portal, SHIPPER: Country Belle Cooperative Rhode Island, Texas, Utah, Vermont, N. Dak., and Sweetgrass, Mont., for 180 Farmers, 1623 Saw Mill Rim Boulevard, Virginia, Washington, West Virginia, days. SUPPORTING SHIPPER: Hesston Pittsburgh, Pa. 15210. SEND PROTESTS Wisconsin, and the District of Columbia, Industries, Ltd., 770 9th Avenue S.E., TO: James C. Donaldson, District Su­ for 180 days. SUPPORTING SHIPPER: Calgary, Alberta, Canada. SEND PRO­ pervisor, Bureau of Operations, Inter­ N. L. Cummins, Vice President-Physical TESTS TO: Paul J. Labane, District state Commerce Commission, 2111 Fed­ Distribution, Missouri Beef Packers, Inc., Supervisor, Bureau of Operations, Inter­ eral Building, Pittsburgh, Pa. 15222. 630 Amarillo Bldg., Amarillo, Tex. 79101. state Commerce Commission, Rm. 222 SEND PROTESTS TO: Haskell E. Bal­ U.S. Post Office Building, Billings, Mont. No. MC 138847 TA filed June 27, 1973 lard, District Supervisor, Interstate 59101. Applicant: AINSWORTH TRUCK Commerce Commission, Bureau of Op­ LINES, INC. Ainsworth, Iowa 52201 Ap­ No. MC 138274 (Sub-No. 2 TA) filed plicant’s representative: Kenneth F. erations, Box H-4395 Herring Plaza, June 25, 1973 Applicant: SHIPPERS Amarillo, Tex. 79101. Dudley P.O. Box 279 Ottumwa, Iowa BEST EXPRESS, INC. 1656 West 14600 52501 Authority sought to operate as a No. MC 134890 (Sub-No. 3 TA) filed South Riverton, Utah 84065 Applicant’s common carrier, by motor vehicle, over June 18, 1973. A pplicant: MARION’S representative: Chester A. Zyblut 1522 K irregular routes, transporting: (1) Poly­ TRANSPORT, INC. 2380 North 124th Street, N.W. Washington, D.C. 20005 Au­ ester resin panels, from Williamsburg, Street, Wauwatosa, Wis. 53226. Appli­ thority sought to operate as a common Iowa, to points in Arizona, Arkansas, cant’s representative: Carlo Benvenuto carrier, by motor vehicle, over irregular California, Colorado, Illinois, Indiana* (same address as above). Authority routes, transporting: Meats, meat prod­ Kansas, Michigan, Minnesota, Missouri,

FEDERAL REGISTER, VOL. 38, NQ. 136— TUESDAY, JULY 17, 1973 No. 130—Pt. I-----l i 19082 NOTICES Nebraska, Nevada, Oklahoma, Oregon, [Rev. S .0 .994; Rev. I.C.C. Order 79, railroads to which such traffic is to be Texas, Utah, Wisconsin, and Wyoming, Arndt. 3] diverted or rerouted, before the rerouting and (2) architectural crushed rock, from ST. JOHNSBURY AND LAMOILLE COUNTY or diversion is ordered. points in the named destination states RAILROAD (c) Notification to shippers. Each car­ to Williamsburg, Iowa, for 180 days. Rerouting or Diversion of Traffic SUPPORTING SHIPPER: Poly-Cast rier rerouting cars in accordance with Systems, Inc., P.O. Box 660, Williams­ Upon further consideration of Revised this order shall notify each shipper at burg, Iowa 52361. SEND PROTESTS TO : I.C.C. Order No. 79 (St. Johnsbury & La­ the time each car is rerouted or diverted Herbert W. Allen, Transportation Spe­ moille County Railroad) and good cause and shall furnish to such shipper the cialist, Bureau of Operations, Interstate appearing therefor: new routing provided under this order. Commerce Commission, 875 Federal It is ordered, That: (d) Inasmuch as the diversion or re­ Bldg., Des Moines, Iowa 50309. Revised I.C.C. Order No. 79 be, and it is hereby, amended by substituting the routing of traffic is deemed to be due to No. MC 138848 TA filed June 25, following paragraph (g) for paragraph carrier disability, the rates applicable to 1973 Applicant: MEDICAL DELIVERY (g) thereof: traffic diverted or rerouted by said Agent SERVICE, INC. 630 West 26th Street New York, N.Y. 10001 Applicant’s rep­ (g) Expiration date. This order shall shall be the rates which were applicable resentative: Robert B. Pepper 168 Wood- expire at 11:59 p.m., September 3, 1973, at the time of shipment on the ship­ bridge Avenue Highland Park, N.J. 08904 unless otherwise modified, changed, or ments as originally routed. Authority sought to operate as a con ­ suspended. (e) In executing the directions of the tract carrier, by motor vehicle, over ir­ It is further ordered, That this amend­ ment shall become effective at 11:59 p.m., Commission and of such Agent pro­ regular routes, transporting: Blood and vided for in this order, the common car­ urine samples, and supplies for securing July 15, 1973, and that this amendment samples, and EDP (analysis) reports, shall be served upon the Association of riers involved shall proceed even though in passenger automobiles, between the American Railroads, Car Service Divi­ no contracts, agreements, or arrange­ plantsite of Biochemical Procedures, sion, as agent of all railroads subscribing ments now exist between them with ref­ Hillside, N.J.; New York, N.Y.; points to the car service and car hire agreement erence to the division of the rates of in Nassau and Suffolk Counties, N.Y.; under the terms of that agreement, and upon the American Short Line Railroad transportation applicable to said traffic. and points in Fairfield, New Haven, and Divisions shall be, during the time this Hartford Counties, Conn., for 180 days. Association; and that it be filed with the SUPPORTING SHIPPER: Biochemical Director, Office of the Federal Register. order remains in force, those voluntarily Procedures, 1350 Liberty Avenue, H ill­ Issued at Washington, D.C., July 6, agreed upon by and between said car­ side, N.J. 07207. SEND PROTESTS TO : 1973. riers; or upon failure of the carriers to Paul W. Assenza, District Supervisor, Bu­ so agree, said divisions shall be those reau of Operations, Interstate Commerce I nterstate Commerce Commission, hereafter fixed by the Commission in Commission, 26 Federal Plaza, New York, accordance with pertinent authority con­ N.Y. 10007. [SEAL] R : D. PFAHLER, Agent. ferred upon it by the Interstate Com­ No. MC 138850 TA filed June 21, merce Act. 1973 Applicant: OHIO VALLEY TRANS­ [FR Doc.73-14565 Piled 7-16-73:8:45 am] PORT, INC. 762 M arion Road Cincin­ (f ) Effective date. This order shall be­ come effective at 9:00 a.m., July 2, 1973. nati, Ohio 45215 Applicant’s representa­ [Rev. S.O. 994, I.C.C. Order 103] tive: Charles H. Schaffner 317 Scott (g) Expiration date. This order shall Street Covington, Ky. 41011 Authority VERMONT RAILWAY, INC. expire at 11:59 p m ., July 31, 1973, unless sought to operate as a contract carrier, Rerouting or Diversion of Traffic otherwise modified, changed, or sus­ by motor vehicle, over irregular routes, pended. transporting: Paper and paper products, In the opinion of R. D. Pfahler, Agent, (1) from Florence, Ky., to all points in the Vermont Railway, Inc., is unable to It is further ordered, That this order Ohio; (2) from Florence, Ky., to Ham­ transport traffic - over its line between shall be served upon the Association of mond and Gary, Ind.; Chicago, 111.; and Rutland, Vermont, and White Creek, American Railroads, Car Service Divi­ Detroit, Mich.; and (3) from Cincin­ New York, because of bridge damage. sion, as agent of all railroads subscribing nati, Ohio, to Florence, Ky., for the ac­ It is ordered, T hat: to the car service and car hire agreement count of Equitable Bag Co., Inc., for 180 (a) The Vermont Railway, Inc., being under the terms of that agreement, and days. SUPPORTING SHIPPER: Equi­ unable to transport traffic over its line table Bag Co., Inc., 7600 Empire Drive, between Rutland, Vermont, and White upon the American Short Line Railroad Florence, Ky. 41042. SEND PROTESTS Creek, New York, because of bridge dam­ Association; and that it be filed with the TO: Paul J. Lowry, District Supervisor, age, that carrier is hereby authorized to Director, Office of the Federal Register. Bureau of Operations, Interstate Com­ reroute or divert such traffic via any merce Commission, 5514-B Federal available route to expedite the move­ Issued at Washington, D.C., July 2, Building, 550 Main Street, Cincinnati, ment. The billing covering all such cars 1973. Ohio 45202. rerouted shall carry a reference to this order as authority for the rerouting. I nterstate Commerce By the Commission. Commission, (b ) Concurrence of receiving roads [seal] R . D. Pfahler, [ seal] R obert L. O swald, to be obtained. The railroad desiring to Agent. Secretary. divert or reroute traffic under this order [PR Doc.73—14567 Piled 7-16-73:8:45 am] shall receive the concurrence of other [FR Doc.73-14562 Piled 7-16-73:8:45 am]

FEDERAL REGISTER, V O L 38, NO . 136— TUESDAY, JULY 17, 1973 FEDERAL REGISTER 19083

CUMULATIVE LISTS OF PARTS AFFECTED— JULY

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 July.

3 CFR Page 7 CFR— Continued Page 12 CFR— Continued Page Executive O rders: 1464______18663 Proposed R ules—Continued 1823______17725 11157 (amended by EO 11728)___ 18861 225______18565 11641 (revoked by EO 11727)____ 18357 P roposed R u l e s : 545______17738, 19051 11676 (revoked by EO 11727)_____ 18357 70______...... 18032 561______19052 11708 (amended by EO 11727)_____ 18357 301______17501 563______19052 11710 (amended by EO 11729)___ 18863 725______18254 11712 (superseded by 11726)______17711 917______...... 18469,19047 11726 - 17711 925 ______18670 13 CFR 11727 ______18357 926 ______19047 107------17827 11728 ______18861 930______19047 112___— ------17933 11729 ______18863 946______18670 113------17830 947—______17500, 18672 120------19021 Proclamations : 948______18672, 18898, 19047 123------— ______18238 4228 ______17825 1002______18033 305 ______18869 4229 ______190071030______.£______18672 306 ------18869 Presidential D ocuments O ther 1046______17733 309------18869 T han Proclamations and Ex ­ 1065______18035 P roposed R u le: ecutive O rders: 1140______18681 Memorandum of June 13______18231 1701—______18383 121______17850,17851 1832______18040 5 CFR 8 CFR 14 CFR 213__ 17827, 18359, 18445, 18540, 18541 100______17713 21______17491 335______18445 212______18868 39___ 18243 430__------18445 214______18359 18247_18442,1864r ,l8870,19024 451______— 18446 245______18359 61______17492 630------— ______18446 63______17492 715------r__ 18446 9 CFR 65____ 17492 900______17920 71—______18011, 18456 71—1 ______18244, 72 ______18011,18541,19012 18245,18363, 18442, 18642, 18643, 6 CFR 73 ______— 18011, 18234 18870, 18871 140------17489-17491, 74 ______18011 91______17493,19024 17720, 17721, 18359, 18441, 18551- 76 ______17713, 18542 97______18012, 18544 18553,19046 77 ______18012 103______17831 78 ______18012 133______17493 7 CFR -80______18012 137______17493 82______...... 18362 15___ - . 17925 139______r ______17714 210— 83______17439 141______17493 ______17722 314______18665 215__ ------17722 379______17935 220— 322______18868 1250______17936 ____ — 17723 331______18869 225— ______17723 381______18869 Proposed R ules: 246______18447 250______17724 P roposed R u l e s : 39______18684,19048 265______17724 318—______18682 71______17510, 270 ______:______17724 319______18683 17734, 17848, 18255, 18383-18385, 271 ______17845 325______18682 18470, 18563, 18685, 18904 295______17725 381______18681 75______17510, 18385 722___ 93_------17511 18451,18452 10 CFR 401___. 17437,_18661 121------19048 725___ 4______17927 123_____ 19048 ______18233 50______864__ - _ 18453 19012 127______19048 905— 18026, 18360 170______18443 129______•______18255 908___ 17846, 18554 P roposed R u l e s : 135______19048 910 ______18027, 18661 20—______18908 250------18471 911 ______288______17736 18027,18662 12 CFR 915______17437 399______17736 921 ______18662 201______------— 19016 204______------18869 922 ______17846, 18554 15 CFR 923 ______18663 217______------18641 8------17938 942______19009 221—______------18363 944 ______17438, 18028 226______18457, 18458 372------17814 945 ______18865 329______18543 375 ------17814 958______18867 500 ______19017 376 ------18467 980— 501 ______19017 377 --- - 17815, 18028, 18030, 18555 ______19010 526______1063______19012 ______18459 386------1______17815 1076—, ______17439 529______17929 1125—, 545______T 7 ~ m ,7 Ä 18461 ______48234 16 CFR 1139—, ______18234 563______18461 1201—, ______17725 P roposed R u les : 4______18545 1421—, ______18663 220______18690 13------18364-18366, 1446— _____ 18453 222____ 1____ 18691 18462,18463,18643-18651

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19084 FEDERAL REGISTER

17 CFR Page 21 CFR— Continued Page 30 CFR—Continued page 231-______..___ 17715,18366 135e______17834 81------_ 18668 241______18366 135g------_____ 18545 82------18668 271______18366 141a______18246 90------18668 275______17833 295______17440 308______17717, 18013 31 CFR P roposed R u l e s : Proposed R ules: 51 ------—------18668 1______18469 260 ------——------18372 240______17739,18915 121______18684 261 ------___------— 18372 132______18041 18 CFR 273______18556 Proposed R ules: 301______18032 223_------18897 101______18873 308______17499, 17733, 18469 104____i*______18873 311______18032 32 CFR 201______18874 300------1------17959 204______18874 22 CFR 1704______17961 302______17944 1812------18372 41______18875 • P roposed R u l e s : 141______17945 33 CFR 2______19053 201______18015 110 ______18372 154______19053 209______17948 157______19053 117------— ______18546 127______17440, 17441 23 CFR 19 CFR 1______18368 Proposed R u les: 1______17444 117____ 18563 4______17444 1230______18664 6______17444 24 CFR 36 CFR 7 ______17445 7— ______;______17841 8 ______17445 1______17949 io_:______17445 130______ÿ______18546 37 CFR 11 ______17446 201___ 17717 2______18876 12 ______17446 1914 ___ 17440, 38 CFR Page 17718, 18236, 12837, 18547, 18653, 13 ______17446 18____ 17965 14 ______17446 18877 36______18373 16______17446 1915 ______17719, 18237, 18654 18______;____ 17446 39 CFR 25 CFR 19______17446 111 ______17841 22______17447 132______18547 121______19030 24 ______17447 ______126______18373,18655 25 ______17447 26 CFR 144 ______19033 123______17447 1______18531,19026 145 ______18548 133 ______17447 31-,______18368 148______17841 134 ______17447 301______19026 156______18877,19041 141 ______17447 164______19041 Proposed R ules: 142 ______17461 171______18878 143 ______;_ 17463 1______17727 256____ 17841 144 ______-__ 17464 301______18897 747______17841 • 145______17469 28 CFR 3001______19045 146 ______17470 Proposed R ules: 17470 0______18380, 18381, 18877 147 ______152______,_ 17512 151 ______17470 5______£ _____ 18235 9______18381 310_____ 1- ______17512 152 ______17477 320____ 7______17512 153— ______18382 9a______18381 12— ______18235 158 ______17482 40 CFR 159 ______17482 42______17955 50______19029 7______17968 172______17487 52 ______17682, 17726, 18652, 18878,18879 174______17487 29 CFR 85______17441 31______17956 87______19088 20 CFR 452______18324 124______18000 308______17717, 18013 780______17726 125______18000 405______18978 ch. xvm______19029 180______18442, 18548, 18652, 19045 1910______18464, 19030 Proposed R ules: Proposed R ues: 1952______17834,17838 . 35______— - 17736 404 18383 P roposed R u les: 52______—______17683, 405 18620 29______18556 17688, 17689, 17699, 17737, 17782, 1910______18900 17793,17799,18938,18986 1927______18900 85______— 18686 21 CFR 87___ 19050 “ 3______—__ 18101 30 CFR 129______18044 121 ______17717, 55 ______18665 180______17511 18101,18245,18246, 18367,19025 56 ______18666 122 ______18101 41 CFR 57 ______18666 ______17441 128______: ______18102 58 ______18666 1-18— 130______—______18875 18666 5A-1__ 18247, 18548 70 ______18373, 18548 132______18875 18667 5A-2__ 71 ______5A-3__ ___ 18549 135______18102 18667 135a______19025 75_____ 5A-14v_ __ _ 18247 135b______18246 77____ 18667 5A-16_ 18247, 18374 135c______18463, 18545 80_____ 18667 5A-53_ __;__ 18248

FEDERAL REGISTER, V Q L 38, NO. 136— TUESDAY, JULY 17, 1973 FEDERAL REGISTER 19085

41 CFR—Continued Page 45 CFR— Continued Page 49 CFR Page 5A-72______;______18249 P roposed R u l e s : 7___ ------18659 5A-73______= ~ 18549 102______18557 21 — ------i ------17996 5A-75______18374 167______18518 57.1------17842 5A-76^___ 18250 185______18899 1002 ------18379 15-16______18880 190______18778 1033. — ______17843, Ch. 51______19045 205______18616 17845, 18024-18026, 18151, 18465, 101-6______17972 233______18254 18659, 18660, 18876 101-11__ - ______18016 249 ______18616 1048 ______19046 42 CFR 250 ______18618 1056. ______18253 Proposed R u l e s : 46 CFR 1322. ______18253 * 54______— _____ 18042 146______18235, 18884 P roposed R ubles : 57_____ 18557 283______18022 71______17734 43 CFR P roposed R u l e s : 213______18905 17— ______17975 Ch. 1______17848 221___ 18906 18______19045 174______17501 391______18904 3540______18883 248 ______17508 571______17511, 18564, 19049 249 ______17508 1005______17849, 18471 Public L and O rders: 1106 ______18257 5345______18017 47 CFR 1107 ______18387 5348______18549 0 ------18550 1307______18691 1 ______18886 45 CFR 73_____ 18374, 18376, 18464, 18886, 18896 50 CFR 80______17978 74______18376 186______- ______18017 97^______18250 20______17841 28— ______18550 233______18549 P roposed R ules : 611______17984 32______c ____ 17443, 18379 61—*______18256 258______...... 18550 703______19045 64___ 18908 1010______— 17986 73__ 18256,18564,18688, 18669, 18915 P roposed R ules 1110___ *______17991 83______18256 20______18670

FEDERAL REGISTER PAGES AND DATES— JULY

Pages Date 17705-17817______July 3 17819-18004______5 18005-18223______6 18323-18349______9 18351—18432______10 18433-18523______11 18525-18634______12 18635-18853______13 18855-19000______' 16 19001-19103______17

FEDERAL REGISTER, V O L 38, NO . 136— TUESDAY, JULY 17, 1973

TUESDAY, JULY 17, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 136

PART II

ENVIRONMENTAL PROTECTION AGENCY

CONTROL OF AIR POLLUTION FROM AIRCRAFT AND AIRCRAFT ENGINES

Emission Standards and Test Procedures for Aircraft

No. 136—Pt. II---- 1 19088 RULES AND REGULATIONS Title 40— Protection of Environment Based on testimony and comments dur­ The present regulations are based on the ing the public hearings, the engines need to control emissions occurring under CHAPTER I— ENVIRONMENTAL 3,000 feet, to protect ambient air quality PROTECTION AGENCY which power supersonic transport air­ craft are not technically capable of in urban areas. PART 87— CONTROL OF AIR POLLUTION achieving as low emissions levels as other The effective date for the completion FROM AIRCRAFT AND AIRCRAFT ENGINES large turbine engines by using equivalent of the JT3D smoke control retrofit has Emission Standards and Test Procedures combustor design technology. The rea­ been delayed until 1978 to allow time for for Aircraft sons for this include the following: the development of the necessary new (1) Some such engines employ after­ combustor components. This deferral is Section 231 of the Clean Air Act, as based upon the manufacturers’ com­ amended by Public Law 91—604, directs burners for thrust augmentation during take off and acceleration at cruising ments that the additional time is neces­ the Administrator of the Environmen­ sary to solve problems relating to com­ tal Protection Agency to “establish speeds. This type of device involves com­ bustion at relatively low pressures in the ponent durability. standards applicable to emissions of any The proposed 1976 standards applica­ air pollutant from any class or classes of engine' tailpipe and consequent greater loss of hydrocarbons and carbon monox­ ble to carbon monoxide and hydrocarbon aircraft or aircraft engines which in his emissions from newly manufactured tur­ judgment cause or contribute to or are ide to the atmosphere. (2) All such engines known to EPA bine engines have been deleted. Deletion likely to cause or contribute to air pol­ o f the 1976 standards is based upon the lution which endangers the public health operate at compressor ratios much lower than engines designed for subsonic air­ manufacturers’ comments that insuffici­ or welfare.” Regulations ensuring com­ ent lead time is available to allow intro­ pliance with these standards are required craft. This means that at low speed, low altitude conditions, where the “ram” duction of changes in all newly manu­ to be issued by the Secretary of Trans­ factured engines to achieve these levels portation in accordance with section 232 pressure rise is small, these engines bum more fuel, and hence emit greater total by that date. To relax the standards to of the Act. levels which could be achieved this Section 231 also directs the Adminis­ quantities of hydrocarbons and carbon quickly would eliminate any useful im­ trator to conduct a study of the extent monoxide than do the high pressure ratio pact which they might have on ambient to which aircraft emissions affect air subsonic engines. Comments demon­ strated that this is a necessary design air quality. It was concluded that efforts quality throughout the United States, could be more effectively directed toward and the technological feasibility of con­ tradeoff to ensure that these engines achieving substantially greater emissions achieve maximum efficiency (best possi­ trolling such emissions. The report of reductions than those proposed at a later such a study, “Aircraft Emissions: Im­ ble fuel consumption) throughout a com­ plete flight. point in time, i.e„ 1979. pact on Air Quality and Feasibility of Following a detailed study of the com­ Control,” has been published and copies (3) In addition, the supersonic engines ments plus consultation with the Na­ of the report are available upon request do not employ the high bypass ratio tur­ tional Aeronautics and Space Adminis­ free of charge from the Office of Public bofan principle which contributes to the tration and the Air Force, the originally Affairs, Environmental Protection excellent fuel economy and low pollutant proposed 1979 standards applicable to Agency, Washington, D.C. 20460. emission capability of the engines which gas turbine engines have been revised On December 12, 1972, a notice of power most large subsonic engines, since to become essentially equivalent to emis­ proposed rule making was published in the relatively large diameter (or frontal sion levels being used as design goals the F ederal R egister (Volume 37, Num­ areas) of this type of engine would cause by these two agencies in planned and ber 239) which described standards limit­ excessive aerodynamic drag in aircraft current research and development proj­ ing emissions from aircraft and aircraft flying at mach 2-3 flight speeds. ects. A new set of standards, applicable engines. As required by section 231 of A separate class has been established to newly certified large engines only, has the Act, the Administrator held public for engines which power supersonic air­ been set fo r January 1, 1981, to reflect hearings with respect to the proposed air­ craft. Exhaust emission standards for the introduction of the same types of craft emission standards. One was held this class will be based on the best avail­ advanced combustor design technology in Boston, Massachusetts, on January 29, able combustQr design technology ex­ originally expected in 1979. The tech­ 1973, and another in Los Angeles, Cali­ pected in 1979 and later, but with due nology necessary to meet these 1981 fornia on February 6, 1973. Testimony consideration for the inherently higher standards is in an early development was presented at these hearings by emission characteristics of supersonic stage. EPA intends to monitor closely twenty-two representatives of domestic aircraft engines under landing/takeoff the development of this technology and foreign manufacturers and operators cycle conditions, as discussed above. through programs sponsored both by of aircraft and aircraft engines and other These standards Will represent the same other federal agencies and by industry. interested parties. Additional detailed level of emissions reduction from cur­ If it should become evident that the comments were provided subsequent to rent supersonic aircraft, through applica­ standards as promulgated cannot be the hearings by thirty-one organizations. tion of the same types of combustor de­ achieved by . the technology approaches Consideration has been given to all sign technology, as will be required of explored in these programs, additional relevant material presented and a num­ subsonic aircraft, though the absolute rule making action will be considered to ber of amendments have been made to hydrocarbon and carbon monoxide levels ensure that the best technology avail­ the regulations as proposed. will be several times higher. Standards able is reflected in the standards. These Changes have been made in the engine will be proposed for this class of engines two changes respond to the many com­ classification system. A separate class within 60 days. ments received which stated that the was created for turboprop engines be­ Consideration will also be given to de­ emissions reductions originally proposed cause, after considering the comments, velopment of ground handling proce­ for 1979 -could not be achieved this the proposed equivalency between shaft dures specifically applicable to supersonic quickly using currently known technol­ horsepower and jet thrust was not consid­ aircraft which would further reduce ogy. It is estimated that approximately 6 ered acceptable for all operating condi­ their inherently greater pollution char­ years are needed to translate combustion tions over the landing/take off (LTO) acteristics during operations at large research findings into production en­ cycle. Except for the creation of special metropolitan airports. gines which are fully certified and flight classes for the JT3d and JT8D engines, It is recognized by the EPA that poten­ tested for safe usage in aircraft. which was done in order to require smoke tial problems have been identified relat­ The method for specifying smoke lim­ retrofits on separate schedules, turbine ing to upper atmosphere effects of su­ its has been changed to reflect a sliding engines over 8,000 lbs. thrust which personic aircraft and to a lesser extent scale of values chosen to be proportional power subsonic aircraft have been put subsonic aircraft operations. The work to thrust for engines to be produced after into one class. This over-8,000 lbs. thrust in progress under the Department of 1979. It now represents a more flexible class represents essentially all turbines Transportation Climatic Impact Assess­ approach than specifying an absolute used in commercial air transportation, ment Program will be closely monitored number for an entire class of engines except for the supersonic aircraft to be by the EPA, in order that the present and is fundamentally sounder for appli­ ^introduced during the next few years. regulations can be adjusted if necessary. cation to future engine designs whose

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19089 thrust characteristics are not known evaluating aircraft gas turbine smoke posed regulations had not adequately now. This change will better ensure that behavior should be substituted for the demonstrated a compelling need for the actual visibility characteristics of the indirect filtration system described in emission standards applicable to air­ exhaust plumes from newly designed en­ the regulations, to facilitate direct cor­ craft. EPA does not feel that the mini­ gines are within limits consistent with relation of the method used to certify mal evidence offered by these com­ protection of the public welfare, i.e.', pro­ engines with a technique which could menters in support of their claim rep­ tection of visibility and personal well­ be employed for enforcement purposes. resents a valid basis for deciding that being. Unfortunately, the Ringleman system is aircraft emissions do not contribute to The proposed standards controlling not suited to the precise evaluation of air pollution endangering health or crankcase emissions from piston engine efigine smoking characteristics. More­ welfare in areas surrounding airports. aircraft have been deleted because it has over, during test cell operation, the A new Part 87 of Title 40, Code of been concluded based on comments re­ plume cannot be viewed directly and its Federal Regulations, is hereby adopted ceived that introduction of these sys­ appearance is not the same as it would and establishes: tems could induce safety hazards and in be under the conditions of altitude and (a) Fuel venting emission standards any case would provide relatively little visual contrast which exist in flight. for new and in-use aircraft gas turbine reduction in emissions. The exhaust Therefore the prescribed filter reflec­ engines. emissions standards applicable to piston tance method and associated sampling (b) Exhaust emission standards for engines have been retained as proposed, systems have been retained. new and in-use aircraft gas turbine effective for engines produced after De­ Some commenters felt that the simu­ engines. cember 31, 1979, to allow needed addi­ lated landing/take-off cycle used as a (c) Exhaust emission standards for tional time for development. In addi­ basis for the numbers derived in the new aircraft piston engines. tion, comments expressed condem over standards should be altered to make it (d) Exhaust emission standards for the safety of the measures expected to more representative of an average LTO new aircraft. be used by the manufacturers of such operation instead of reflecting peak traf­ (e) Test procedures applicable to air­ engines to achieve the standards. There­ fic times at metropolitan air term in als. craft gas turbine engines and aircraft. fore, the EPA will monitor closely the de­ This comment was rejected, since the (f) A test procedure applicable to velopment of the technology necessary to justification for the aircraft standards aircraft piston engines. meet these 1980 standards. I f it should is largely based on protecting air quality In judging the need for the regula­ become evident that the standards as in and around large metropolitan air tions, the Administrator has determined promulgated cannot be achieved at that terminals during adverse conditions. The (1) that the public health and welfare time by design techniques which are safe short term National Ambient Air Quality is endangered in several air quality con­ and in other respects airworthy, addi­ Standards (40 CFR Part 50) are not trol regions by violation of one or more tional rule making action will be con­ written to be exceeded more than once of the national ambient air quality sidered to ensure that the best technology per year. Thus the LTO cycle is based standards for carbon monoxide, hydro­ available is reflected in the standards. on typical adverse conditions. carbons, nitrogen oxides, and photo­ Many comments were received asking Several commenters recommended chemical oxidants, and that the public that EPA develop suitable correction fac­ that standards not be set at all for thfe welfare is likely to be endangered by tors for differences in ambient tempera­ 1979 and later period, pending the de­ smoke emissions; (2) that airports and tures, pressures and humidity levels at velopment of technology capable of aircraft are now, or are projected to be, locations where emissions testing would achieving significant known emission significant sources of emissions of car­ be carried out. The EPA is in agreement reductions. EPA considers that the pub­ bon monoxide, hydrocarbons, and nitro­ with the need to develop such factors, so lished standards will haye a significant gen oxides in some of the air quality as to allow for these influences, as is done effect on stimulating the rate of progress control regions in which the national in other EPA standards applicable to of technological development and spur ambient air quality standards are being highway vehicles. Projects are being its rapid introduction into, flight appli­ violated, as well as being significant started to define these relationships so cations. The standards are based on sources of smoke; and therefore (3) that as to allow introduction of suitable cor­ NASA and Air Force-sponsored research maintenance of the national ambient air rection factors as soon as possible. already in progress, as well as engineer­ quality standards and reduced impact of In addition, the final rules contain ing evaluations sponsored by EPA. The smoke emissions requires that aircraft other technical amendments and clari­ standards reflect reductions from pres­ and aircraft engines be subject to a pro­ fying modifications to the testing and ent emission levels resulting from modi­ gram of control compatible with their measurement procedures. fied designs to existing engine compo­ significance as pollution sources. Accord­ A number of additional basic criti­ nent^, based on the application of known ingly, the Administrator has determined cisms of the proposed regulations were control technology. It should be empha­ that emissions from aircraft and aircraft considered in the analysis which led to sized that the standards set by EPA may engines should be reduced to the extent tiie revised standards, but were rejected reflect technology which may reasonably practicable with present and developing for the reasons identified below: be obtained within a given time frame technology. The standards proposed Some commenters pointed out that but which is not yet available. Section herein are not quantitatively derived the timing of the initially proposed 231(b) of the Act expressly contemplates from the air quality considerations dis­ standards was too late to be of any value “development and application of the cussed in the study report cited above to the states in their implementation requisite technology” (emphasis added). but, instead, reflect EPA’s judgment as Plans aimed at meeting ambient air Commenters representing general avi­ to what reduced emission levels are or quality standards by 1975. However, con­ ation interests opposed the introduction will be practicable to achieve for turbine sideration of other comments presented of emission standards applicable to pis­ and piston engines. at the hearings plus information on the ton engine aircraft, on the grounds that In general, the influence of the regula­ availability of emission reduction tech­ compliance would require introductions tions, will be to contribute to the mainte­ nology in the study accompanying the of exhaust system reactors which Would nance of the quality of the air in and proposal, and consideration of the lead have drastic and costly effects on the around major air terminals throughout time necessary to introduce such tech­ configuration of the entire aircraft. The the post-1975 era in which air traffic nology into manufactured products and Agency has concluded that sufficient evi­ is undergoing expansion. The timing of certify them for safety considerations, dence is already available in the form of these- standards is such that they will made it impossible to design standards measured emissions data on current air­ not make contributions to achievement to achieve meaningful air quality reduc­ craft to indicate that the proposed stand­ of the ambient air pollution levels re­ tions which would be implemented any ards can be met by improved fuel man­ quired by 1975 through the state imple­ agement and will not require exhaust sooner than the regulations now specify. mentation programs, although they will system reactors. influence attainment of those levels Several commenters recommended A number of commenters felt that the where extensions until 1977 are granted that the Ringleman visual system for report cited in the preamble to the pro- for the ambient standards.

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19090 RULES AND REGULATIONS The total cost o f tiñese requirements will be made to that standard or to its Sec. to the airline industry is estimated at 141 effective date. 87.92 Test procedure. 87.93 Sampling and analytical system for million dollars over a ten year period. (Section 231 of the Clean Air Act, as amended measuring exhaust emissions. This represents for newly designated (42 U.S.C. 1857f-9) ) 87.94 Information to be recorded. commercial engines an increase in cost of 87.95 Calibration and instrument checks. at most 3 percent. All equipment costs Dated: July 6, 1973. 87.96 Sampling procedures. (including engines) used in commercial 87.97 Test run. R obert W . F ri, 87.98 Chart reading. air transport account for only 13 percent Acting Administrator. of the airline ticket dollar. Thus, it is be­ 87.99 Calculations. lieved that imposition of the schedule of In Title 40 of the Code of Federal 87.100 Compliance with emission standards. standards set forth in this regulation is Regulations, a new part, Part 87, is to Appendix A—Instrumentation (Aircraft Gas too small to have any impact on the con­ be added as follow s: Turbine Engine Measurements). Appendix B—Instrumentation (Aircraft Pis­ tinued growth of air transportation in a Subpart A— General Provisions ton Engine Measurements). fashion healthy and beneficial to the Sec. Authority : Sec. 231 of the Clean Air Act, economy. 87.1 Definitions. as amended (42 U.S.C. 1857f-9). The standards promulgated for piston 87.2 Abbreviations. type aircraft are expected to result in 87.3 General requirements. Subpart A—General Provisions significant fuel savings. (29 million dol­ 87.4 Test conditions. § 87.1 Definitions. lars over ten years). The technology ex­ 87.5 Special test procedures. pected to be used to achieve 1979 and 87.6 Aircraft safety. (а) As used in this part, all terms not 1981 standards for turbines is not ex­ w$ubpart B-— Engine Fuel Venting Emissions (New defined herein shall have meaning given pected to result in fuel consumption pen­ and In-Use Aircraft Gas Turbine Engines) them in the A ct: alties. Similarly, there is no inconsistency 87.10 Applicability. (1) “Act" means the Clean Air Act, as or conflict presently envisioned between 87.11 Standard for fuel venting emissions. amended by Public Law 91-604. the imposition of the above standards Subpart C— Exhaust Emissions (New Aircraft (2) “Administrator” means the Ad­ and the .compliance of aircraft with noise Gas Turbine Engines) ministrator of the Environmental Pro­ control regulations during the same 87.20 Applicability. tection Agency to whom the authority period. 87.21 Standards for exhaust emissions. involved may be delegated. It is intended that the attainment of Subpart D— Exhaust Emissions (In-Use Aircraft (3) “Aircraft” means any airplane for any standards proposed herein not result Gas Turbine Engines) which a U.S. standard airworthiness cer­ in the increased emission of any sub­ 87.30 Applicability. tificate or equivalent foreign airworthi­ stance for which a standard is not pro­ 87.31 Standards for exhaust emissions. ness certificate is issued. (4) “Aircraft engine” means a pro­ posed if such emission could endanger Subpart E— Exhaust Emissions (New and In-Use public health or welfare. The Adminis­ Aircraft Piston Engines) pulsion engine which is installed in or which is manufactured for installation trator intends to remain informed 87.40 Applicability. throughout engine and aircraft develop­ 87.41 Standards for exhaust emissions (new in an aircraft. ment and certification programs to per­ aircraft piston engines). (5) “Aircraft gas turbine engine” mit him to determine at the earliest 87.42 Standards for exhaust emissions (in- means a turboprop, turbofan, or turbojet possible time if the emissions of a sub­ use aircraft piston engines). aircraft engine. stance are likely to endanger the public Subpart F— Exhaust Emissions (New and In-Use (б) “New aircraft gas turbine engine” health or welfare. Therefore, the Ad­ Aircraft) means an aircraft gas turbine engine ministrator may subsequently publish in 87.50 Applicability. which has never been ip. service. (7) “New aircraft piston engine” the F ederal R egister a list of those sub­ 87.51 Standards for exhaust emissions (new stances whose emissions are liable to in­ aircraft). means an aircraft piston engine which 87.52 Standards for exhaust emissions (in- has never been in service. - crease as a result of the installation or use aircraft). incorporation of any system or com­ (8) “In-use aircraft gas turbine ponent, including fuel additives, designed Subpart G— Test Procedures for Engine Exhaust engine” and “in-use aircraft piston Gaseous Emissions (Aircraft and Aircraft Gas engine” mean an aircraft gas turbine to enable an aircraft or aircraft engine Turbine Engines) to conform to any prescribed standard. engine or aircraft piston engine (as ap­ 87.60 Introduction. propriate) which is in service. In the event such a list of substances is 87.61 Turbine fuel specifications. so published, appropriate testing and 87.62 Test procedure (propulsion engines). (9) “ Newly certified aircraft gas sampling methods and/or analytical 87.63 Test procedure (auxiliary power turbine engine” means an aircraft gas techniques will be proposed under the u n i t s ) . turbine engine which is originally type normal rule making procedures after 87.64 Sampling and analytical system for certified on or after the effective date of measuring exhaust emissions. the applicable emission standard. consultation with the Department of 87.65 Information to be recorded. Transportation. 87.66 Calibration and instrument checks. (10) “Rated power” means the maxi­ The standards contained in this notice 87.67 Sampling procedures. ‘ - mum power/thrust available for take­ are being promulgated after consultation 87.68 Test run. off at standard day conditions as ap­ with the Secretary of Transportation in 87.69 Chart reading. proved for the engine by the Federal Avi­ order to assure appropriate consideration 87.70 Calculations. ation Administration. of aircraft safety. However, the Depart­ 87.71 Compliance with emission standards. (11) “Standard day conditions” means ment of Transportation has advised that Subpart H— Test Procedures for Engine Smoke standard ambient conditions as described it is impossible to make conclusive judg­ Emissions (Aircraft Gas Turbine Engines) in the United States Standard Atmos­ ments as to the effects of an emission 87.80 Introduction. phere, 1962, (i.e., temperature=59°F, 87.81 Fuel specifications. relative humidity= 0%, and pressure standard on aircraft safety until engines 87.82 Sampling and analytical system for designed to meet that standard have been measuring smoke exhaust emis­ =29.92 inches Hg). developed, constructed, and tested. sions. (12) “Power setting” means the power Therefore, there will be continuing con­ 87.83 Information to be recorded. output of an engine in terms of pounds sultation on this issue between this 87.84 Calibration and instrument checks. thrust for turbojet and turbofan engines 87.85 Test procedures. and shaft horsepower for turboprop and agency and that Department, both prior 87.86 Test run. to and after promulgation of the stand­ 87.87 Determination of SN. piston engines. ards. Should the Secretary of Transpor­ 87.88 Calculations. (13) “Pound-thrust/hr.” means pounds tation determine at any point that an 87.89 Compliance with emission standards. of thrust for 1 hour. emission standard cannot be met within Subpart I— Test Procedures for Engine Exhaust (14) “Shaft horsepower” means only Gaseous Emissions (Aircraft Piston Engines) the measured shaft power output of an the specified time without creating a 87.90 Introduction. auxiliary power unit, turboprop, or piston safety hazarcL appropriate modifications 87.91 Gasoline fuel specifications. engine. L

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19091 (15) “Auxiliary power unit” means FAA Federal Aviation Administration, or aircraft engine that is not susceptible any engine installed in or on an aircraft Department of Transportation. to satisfactory testing by the procedures exclusive of the propulsion engines. FID Flame ionization detector. set forth herein. Prior to taking action (16) “Class T l” means all aircraft tur­ H /C Hydrogen to carbon atomic ratio. HC Hydrocarbon (s). on any such application, the Administra­ bofan or turbojet engines except engines Hg Mercury. tor shall consult with the Secretary of of Class T5 of rated power less than 8,000 hp. Horsepower. Transportation. pounds thrust. hp.-hr. Horsepower-hr. (17) “Class T2” means all turbofan or hr. Hour(s). § 87.6 Aircraft safety. turbojet aircraft engines except engines in.HgV. Inches of mercury, vacuum. The provisions of this part will be re­ of Class T3, T4, and T5 of rated power I.D. Inside diameter, vised if at any time the Secretary of lb. Pound (s). of 8,000 pounds thrust or greater. LTO Landing takeoff, Transportation determines that an (18) “Class T3” means all aircraft gas min. Minute (s). emission standard cannot be met within turbine engines of the JT3D model mm. Millimeter (s), the specified time without creating a family. Nj First-stage rotor speed. safety hazard. (19) “Class T4” means all aircraft gas N3 Second-stage rotor speed or ni­ turbine engines of the JT8D model trogen (as applicable). Subpart B— Engine Fuel Venting Emissions family. N3 Third-stage rotor speed. (New and in-Use Aircraft Gas Turbine NO Nitric oxide. Engines) (20) “Class T5” means all aircraft gas NOa Nitrogen dioxide. turbine engines employed for propulsion NO* Oxides of nitrogen, NO and NOa. § 87.10 Applicability. of aircraft designed to operate at super­ NDIR Nondispersive infrared analyzer. The provisions of this subpart are ap­ sonic flight speeds. 0 3 Oxygen. plicable to each new aircraft gas turbine (21) “Class PI” means all aircraft pis­ Os Ozone. engine of classes T2, T3, T4, and T5 ton engines, except radial engines. * p.p.m Parts per million by volume. manufactured on or after January 1, (22) “Class P2” means all aircraft p.p.m.C Parts per million carbon. PT7 Total pressure at station 7. 1974, and all in-use aircraft gas turbine turboprop engines. R. Rankine. engines of classes T2, T3, T4, and T5 be­ (23) “Taxi/idle (in) ” means those air­ r. p m . Revolutions per minute. ginning January 1, 1974, and each new craft operations involving taxi and idle s. c.f .h. Standard cubic feet per hour, aircraft gas turbine engine of Classes between the time of landing roll-out and s.cff.m. Standard cubic feet per minute, Tl and P2 manufactured on or after final shutdown of all propulsion engines. sec. Second (s). January 1, 1975 and all in-use aircraft (24) “Taxi/idle (out)” means those SHP Shaft horsepower SN Smoke number. gas turbine engines of classes Tl and aircraft operations involving taxi. and P2 beginning January 1, 1975. idle between the time of initial starting TIM Time in mode. TT Total temperature at station 7. of the propulsion engine(s) used for the ° Degree. § 87.11 Standard for fuel venting emis­ taxi and turn onto duty runway. % Percent. sions. (25) “Exhaust emissions” means sub­ § 87.3 General requirements. (a) No fuel venting emissions shall be stances emitted to the atmosphere from discharged into the atmosphere from any the exhaust discharge nozzle of an air­ (a) This part provides for the approval new or in-use gas turbine engine sub­ craft or aircraft engine. or acceptance by the Administrator or ject to the subpart. (26) “Fuel venting emissions” means his agents of testing and sampling meth­ (b) Conformity with the standard set all raw fuel, exclusive of hydrocarbons ods, analytical techniques, and related forth in paragraph (a) shall be deter­ in the exhaust emissions, discharged equipment not identical to those speci­ mined by inspection of the method de­ from aircraft gas turbine engines during fied in this part. Before he approves or signed to eliminate. these emissions. all normal ground and flight operations. accepts any such alternate, equivalent, or otherwise nonidentical procedures SubpartC— Exhaust Emissions (New (27) “Smoke” means the matter in Aircraft Gas Turbine Engines) exhaust emissions which obscures the or equipment, the Administrator shall transmission of light. consult with the Secretary of Transpor­ § 87.20 Applicability. tation in determining whether or not (28) “Smoke number (SN) ” means the the action requires rule making under The provisions of this subpart are ap­ dimensionless term quantifying smoke sections 231 and 232 o f the Clean Air plicable to all aircraft gas turbine en­ emissions. Act, as amended, consistent with the gines of the classes specified beginning (29) “Oxides of nitrogen” means the Secretary’s responsibilities under sec­ on the dates specified. sum of the amounts o f the nitric oxide tion 232 o f the Act. § 87.21 Standards for exhaust emissions. and nitrogen dioxide contained in a gas (b) Under section 232 o f the Act, the sample as if the nitric oxide were in the Secretary ,of Transportation issues reg­ (a) Exhaust emissions of smoke from form of nitrogen dioxide. ulations to insure compliance with each new aircraft gas turbine engine of (30) “Calibration gas” means a gas of this part and all amendments thereof. class T4 manufactured on or after Janu­ known concentration which is used to ary 1, 1974, shall not exceed: Smoke (c) With respect to aircraft of foreign number of 30. establish the response curve of an registry, these regulations shall apply analyzer. in a manner consistent with any'obliga­ (b) Exhaust emissions of smoke from (31) “Span gas” means a gas of known tion assumed by the United States in any each new aircraft gas turbine engine of concentration which is used routinely to treaty, convention or agreement between class T2 and of rated power of 29,000 set the output level of an analyzer. the United States and any foreign coun­ pounds thrust or greater, manufactured try or foreign countries. on or after January 1, 1976 shall not § 87.2 Abbreviations. exceed: Applicable smoke number from § 87.4 Test conditions. The abbreviations used in this part Figure 1. have the following meanings in both up­ The complete engine as configured for per and lower case: final acceptance testing, including all abs. Absolute. accessories which might reasonably be APU Auxiliary power unit. expected to influence emissions to the ASA American Standards Association. atmosphere excluding auxiliary gearbox- ASTM American Society for Testing and mounted components required to drive Materials. aircraft systems and service air bleed, b. hp. Brake horsepower. shall be functional for all testing in this c. fih. Cubic feet per hour. part. c.f.m. Cubic feet per minute. O* Centigrade. § 87.5 Special test procedures. Cubic centimeter. COj Carbon dioxide. The Administrator may, upon written CO Carbon monoxide. application by a manufacturer or opera­ EPR Engine pressure ratio. tor of aircraft or aircraft engines, pre­ " Fahrenheit. scribe test procedures for any aircraft

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19092 (c) Exhaust emissions of smoke from (d) Exhaust emissions from each air­ plicable to all in-use aircraft gas turbine United States of the classes specified be- each new aircraft gas turbine engine of craft gas turbine engine of the classes- jgngines certified for operation within the ginning on the dates specified. class T3 manufactured on or after Janu­ specified below manufactured qn or after: ary 1,1978 shall not exceed: smoke num­ (ii) Carbon monoxide______3 p o u n d s/1,000 pound-thrust hours/cycle ber o f 25. January 1,1979, shall not exceed: (iii) Oxides of nitrogen______3 pounds/1,000 pound-thrust hours/cycle (iv) Smoke ______Smoke number from Figure 1. (1) Class T l: (1) Hydrocarbons v______1.6 pounds/1,000 pound-thrust hours/cycle "ip rf.31 Standards for exhaust emissions. culated, in accordance with the proce­ ( i i ) Carbon monoxide______9.4 pounds/1,000 pound-thrust hours/cycle dures set forth in this subpart. (a) Exhaust emissions of smoke from (e) In addition to the requirements (ill) Oxides of nitrogen______3.7 pounds/1,000 pound-thrust-hours cycle each in-use aircraft gas turbine engine ( i v ) Smoke ______Smoke number from Figure 1. imposed by paragraphs (a), (b), and (c) of Class T4, beginning January 1, 1974, (2) Class T2.T3, or T4: of this section, each in-use aircraft gas (i) . Hydrocarbons ______0.8 pound/1,000 pound-thrust hours/cycle shall not exceed: Smoke number of 30. turbine engine shall not exceed the level (ii) Carbon monoxide______4.3 pounds/1,000 pound-thrust hours/cycle (b) Exhaust emissions of smoke from of the emissions applicable to such en­ (iii) Oxides of nitrogen____ >______3 pounds/1,000 pound-thrust hours/cycle each in-use aircraft gas turbine engine gine when it was new. ( i v ) Smoke ______; Smoke number from Figure 1. of class T2 and of rated power of 29,000 pounds thrust or greater, beginning Subpart E— Exhaust Emissions (New and January 1, 1976, shall not exceed: Ap­ In-Use Aircraft Piston Engines) plicable Smoke number from Figure 1. § 87.40 Applicability. (c) Exhaust emissions of smoke from The provisions of this subpart are ap­ each in-use aircraft gas turbine engine plicable to all aircraft piston engines of of class T3, beginning January 1, 1978 class PI beginning on the date specified. shall not exceed: Smoke number of 25. (d) The standards set forth in para­ § 87.41 Standards for exhaust emissions REGULATIONS AND RULES graphs (a), (b), and (c) of this section (new aircraft piston engines). refer to exhaust smoke emissions emitted (a) Exhaust emissions from each new during operations of the engine as speci­ aircraft piston engine manufactured on fied in the applicable sections of Subpart or after December 31, 1979, shall not H of this part, and measured and cal­ exceed:

INQINI RATEO POWER (1000 SHAFT HORSEPOWER! (i) Hydrocarbons ______0.00190 pound/rated power/cycle

PIQURE I • SMOKE STANDARD (ii) Carbon monoxide.______:___ 0.042 pound/rated power/cycle (iii) Oxides of nitrogen.______0.0015 pound/rated power/cycle. (3) Class P2: (i) Hydrocarbons ______4.9 pounds/1,000 horsepower-hours/cycle (b) The standards set forth in para­ the level applicable to such engine when (ii) Carbon monoxide— ______. ____ 26.8 pounds/1,000 horsepower-hours/cycle graph (a) of this section refer to a com­ it was new. (iii) Oxides of nitrogen______12.9 pounds/1,000 horsepower-hours/cycle posite gaseous exhaust emission sample (iv) Smoke ______1_____ Smoke number from Figure 2. Subpart F— Exhaust Emissions (New and representing the operating cycle set In-Use Aircraft) (4) The smoke number for each en­ (e) Exhaust emissions from each forth in the application sections of Sub­ § 87.50 Applicability. gine shall be determined by obtaining newly certified aircraft gas turbine en­ part I of this part and measured and The provisions of this subpart are ap­ the smoke number corresponding to the gine of Classes T2, T3, or T4 manufac­ calculated in accordance with the pro­ plicable to all aircraft beginning on the engine rated power from Figure 1 for cedures set forth in that subpart. date specified. turbofan or turbojet engines and Figure tured on or after January 1, 1981, shall § 87.51 Standards for exhaust emissions 2 for turboprop engines. not exceed: § 87.42 Standards for exhaust emissions (new aircraft). , (in-use aircraft piston engines). (a) Exhaust emissions resulting from (i) Hydrocarbons ______0.4 pound/1,000 pound-thrust hours/cycle Exhaust emissions from each in-use the generation of onboard power from aircraft piston engine manufactured on each new aircraft manufactured on or (f j The standards set forth in para­ this part, and measured -and~rsiculated or after January 1,1979, shall not exceed after January 1, 1979, shall not exceed: graphs (a), (b), (c), (d), and (e) of this in accordance with the procedures set section refer to a composite gaseous forth in those subparts. - (i) Hydrocarbons .1 ______0.4 pound/1,000 hp.-hr. of power output emission sample representing the oper­ (ii) Carbon monoxide______5 pounds/1,000 hp.-hr. of power output ating cycles set forth in the applicable Subpart D— Exhaust Emissions (In-Use (iii) Oxides of nitrogen______3 pounds/1,000 hp.-hr. of power output. sections of -Subpart G of this part, and Aircraft Gas Turbine Engines) exhaust smoke emissions emitted during (b) The standards set forth in para- the exhaust, crankcase, and fuel vent- operations of the engine as specified in § 87.30 Applicability* graph (a) of this section refer to exhaust ing emissions from the propulsion en- the applicable sections of subpart H of The provisions of this subpart are ap- emissions from new aircraft exclusive of gines mounted on such aircraft.

FEDERAL REGISTER, VOL. 38, I. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19093

(c) In determining conformity of air­ ent. Additives used for the purpose of the manufacturer’s recommended power craft with the standards set forth in smoke suppression (such as organo- setting for idle. paragraph (a) of this section, all auxil­ metallic compounds) shall not be (b) Emission testing shall be conducted iary power units shall be operated under present. on warmed-up engines which have the conditions set forth in the applicable § 87.62 Test procedure (propulsion en­ achieved a steady operating temperature. sections of Subpart G of this part and gines). emissions measured and calculated in § 87.63 Test procedure (auxiliary power accordance with those procedures. (a)(1) The engine shall be tested in units) . each of the following five engine oper­ § 87.52 Standards for exhaust emissions ating modes which simulate aircraft (a) In determining compliance with (in-use aircraft). operation to determine its mass emission the aircraft emission standards under Exhaust emissions from each in-use rates and work output. Subpart F of this part, each auxiliary aircraft manufactured on or after Jan­ Actual power setting, that when cor­ power unit shall be tested at its maxi­ uary 1, 1979, resulting from generation rected to standard day conditions, cor­ mum load condition as indicated by its of onboard power shall not exceed the responds to the following percentage of power output, exhaust gas temperature, level of the emission standards appli­ rated power. or turbine inlet temperature to deter­ cable to such aircraft when it was new. mine its mass emission rate and work output. The work output shall be deter­ Subpart G— Test Procedures for Engine Mode Class T1 or P2 Class T2, T3, or T4 mined as a combination of shaft energy Exhaust Gaseous Emissions (Aircraft output and actual bleed air energy con­ and Aircraft Gas Turbine Engines) Taxi/idle (out)__ ... See subparagraph (2) tent. The bleed air equivalent horsepower § 87.60 Introduction. of this paragraph. for APU’s shah be determined as follows: Takeoff______... 100— ...... 100 Except as provided under § 87.5, the Climbout...... 90...... 85 Work Output=0.341W (Tbieed—Tm ) , where Approach______... 30...... 30 W =b leed airflow In lbs/sec, Tbi«ed=measured procedures described in this subpart Taxi/idle (in)...... See subparagraph (2) shall be the test program to determine of this paragraph. bleed air temperature in °F, and T = co m ­ the conformity of new and in-use air­ pressor inlet temperature in °P. craft gas turbine engines with the appli­ (2) The taxi/idle operating modes (b) Emission testing shall be con­ cable standards set forth in this part. shall be carried out at a power setting ducted on warmed-up auxiliary power -The procedures shall also be used to in accordance with applicable Federal units which have achieved a steady op­ determine emissions from auxiliary Aviation Administration regulations, at erating temperature. power units in determining conformity of new and in-use aircraft with the applicable standards set forth in this part. (a) The test consists of operating the engine at prescribed power settings on an engine dynamometer (for engines producing primarily shaft horsepower) or thrust measuring test stand (for en­ gines producing primarily thrust). The exhaust gases generated during engine operation are sampled continuously for specific component analysis through the analytical train. (b) The exhaust emission test is de­ signed to measure hydrocarbons, carbon monoxide, carbon dioxide, and oxides of nitrogen concentrations and determine mass emissions and engine work output through calculations during a simulated aircraft landing-takeoff cycle (LTO). The LTO cycle is based on time in mode data during high activity periods at major airports. The test for propulsion engines consists of at least the following five modes of engine operation: Taxi/ idle (out), takeoff, climbout, approach, Figure 3. SAMPLING SYSTEM AND INSTRUMENT and taxi/idle (in). The mass emission ARRANGEMENT and work output for the modes are com­ (c) In determining compliance withcants, dryers, water traps, or related bined to yield the reported values. The the aircraft emission standards under equipment may be used to treat the ex­ test for auxiliary power units consists of Subpart F of this part, auxiliary power haust sample flowing to the oxides of one mode: Full load. units shall be tested prior to installation nitrogen measurement instrumentation. (c) When an engine is tested for ex­ in aircraft. NOx instrument configuration must be such that condensation is avoided haust emissions on an engine dynamom­ § 87.64 Sampling and analytical system eter or test stand, the complete engine for measuring exhaust emissions. through the instrument. The extent of shall be used with all accessories which water vapor and carbon dioxide inter­ might reasonably be expected to influ­ (a) Schematic drawing. Figure 3 is a ference on the carbon monoxide analyzer ence emissions to the atmosphere in­ schematic drawing of the exhaust gas shall be determined by passing a range stalled and functioning but excluding sampling and analytical system which of known concentrations of carbon auxiliary gearbox-mounted components sh^ll be used for testing under the regu­ dioxide and water vapor through the required to drive aircraft systems and lations in this subpart. Additional com­ instrument and observing the response. service air bleed. ponents such as instruments, valves, If the effect is greater than 2 percent oT solenoids, pumps, and switches may be § 87.61 Turbine fuel specifications. measured CO levels, all subsequent meas­ used to provide additional information urements shall be corrected for these For exhaust emission testing, fuel and coordinate the functions of the com­ meeting the specifications, ASTM D1655- ponent systems. Parallel installation of interferences. latest version-Jet A. shall be used. Non- CO and COa instruments are an accepta­ (c) Component description (exhaust metallic additives as specified in ASTM ble alternate configuration of Figure 3. gas sampling system ). The following Dl655-latest version-Jet A. may be pres­ (b) Water removal devices. No desic- components shall be used in the exhaust

FEDERAL REGISTER, V O L 38, NO. 136— TUESDAY, JULY 17, 1973 19094 RULES AND REGULATIONS gas sampling system for testing under present in the sample be converted to flow rate as when analyzing samples. the regulations in this subpart. nitric oxide before analysis. Other types (1) Adjust analyzers to optima (1) Sampling probe. (i) Probe design of analyzers may be used if shown to performance. concept: The, probe shall be made of yield equivalent results and if approved (2) Zero the hydrocarbon analyzer stainless steel. If a mixing probe is used, in advance by the Administrator. See with zero grade air and the carbon mon­ all sampling holes shall be of equal Appendix A of this part. oxide, carbon dioxide, and oxides of diameter. Total probe orifice area shall be § 87.65 Information to be recorded. nitrogen analyzers with zero grade nitro­ su6h that the principal pressure drop (at gen. The allowable zero gas impurity con­ least 80 percent) through the probe The following information, as appli­ centrations should not exceed 0.1 p.p.m. assembly shall be taken at the orifice cable, shall be recorded with respect to equivalent carbon response, 1 p.p.m. car­ (or orifices). each test. bon monoxide, 350 p.p.m. carbon dioxide, (ii)''Probe orientation and sampling (a) General. (1) Facility performing and 0.1 p.p.m. nitric oxide. location: test. (3) Set the CO and CO2 analyzer gains (a) A minimum of 12 sampling points (2) Description of test equipment in- to give the desired range. Select desired shall be used. Either mixing or individual cludihg the probe and sampling and ana­ attenuation scale of the HC analyzer and probes are acceptable. lytical train. adjust the electronic gain control to give (b) A minimum of three different (3) Instrument operator. the desired full scale range. Select the radial positions shall be used in each of (4) Test stand operator. desired scale o f the NO» analyzer and four sampling quadrants. (5) Fuel identification, including H/C adjust the phototube high voltage supply (c) If the minimum of 12 sampling ratio and additives, if any. or amplifier gain to give the desired points are used, the points in circum­ (b) Aircraft (in which engine will be range. ferentially adjacent sampling areas shall installed) description. (1) Manufacturer. (4) Calibrate the HC analyzer with be separated in any direction by a dis­ (2) Model number. propane (air diluent) gases having nom­ tance less than 0.1 tailpipe radius or 0.1 (3) Serial number (if known). inal concentrations equal to 50 and 95 annular height, as applicable. If the (4) User. percent o f full scale of each range used. number of sampling points (n) is greater (5) Engine installation position. Calibrate the CO analyzer with carbon than 12, they shall be equal in number (c) Engine description. (1) Manufac­ monoxide (nitrogen diluent) gases and in each quadrant or sector and the mini­ turer. the CO2 analyzer with carbon dioxide mum separations specified above shall (2) Model number. (nitrogen diluent) gases having nominal be reduced by a factor = 12/n. (3) Serial number. concentrations equal to 30, 60, and 90 (d) The axial sampling plane shall (4) Time since overhaul and other per­ percent o f full scale o f each range used. be as close to the plane of the exit tinent maintenance information. Calibrate the NOx analyzer with nitric nozzle as engine performance parameters (d) Test data. (1) Test number. oxide (nitrogen diluent) gases having permit but in any case, shall be within (2) Date. nominal concentrations equal to 50 and one exit nozzle diameter of the exit (3) Time. 95 percent of full scale of each range plane. (4) Ambient temperature and engine used. The actual concentrations should (e) In all cases, the probe shall be inlet temperature. be known to within ± 2 percent of the designed to obtain a representative (5) Barometric pressure. true values. sample over the area of the entire ex­ (6) Relative humidity. (7) Sample line temperature. Line (5) Compare values obtained on the haust nozzle, on both mixed fan engines the CO and C02 analyzers with previ­ and nonmixed fan engines as well as temperature shall be taken at a mini­ mum of three locations, two of which ous calibration curves. Any significant turbojets, turboprops and auxiliary change reflects some problem in the sys­ power engines. shall be the probe outlet and instrumen­ tation inlet. tem. Locate and correct problem, and (/) The multipoint probe shall be de­ recalibrate. Use best judgment in select­ signed to minimize the errors due to (8) Sample line residence time. (9) All pertinent instrument informa­ ing curves for data reduction. Log gain pollutant stratification, whether the reading. stratification is due to combustor design, tion such as tuning, gain, full scale range. mixing or lack of mixing, or engine de­ (10) Recorder charts: Identify zero, (6) Check the NOx to NO converter sign such as mixing of fan and core air. span, exhaust gas sample traces, and op­ efficiency by the following procedure. Use (2) Sample transfer. The sample shall erating mode. the apparatus described and illustrated be transferred from the probe to the (11) Date of most recent analytical as­ in Figure 4. analytical instruments through a heated sembly calibration and identification (i) Attach the NO/N2 supply (150-250 sample line of either stainless steel or number, if any. p.p.m.) at Ca, the 0 2 supply at Ci and Teflon of 0.18- to 0.32-in. I.D. The sample (e) Operating mode data. (1) Nominal the analyzer inlet connection to the effi­ lines shall be maintained at a tempera­ power setting. ciency detector at Cs. If lower concen­ ture o f 150° ± 5 ° C. Sample flow rate from (2) Actual power setting (pounds, trations of NO are used, air may be used the engine to the instruments is 2 sec. or thrust, horsepower, etc.). in place of Os to facilitate better control less. The sample line length from the (3) Ni speed, revolutions per minute. of the N02 generated during step (iv). probe exit to the instruments shall be of (4) N2 speed and Ns, if applicable, rev­ (ii) With the efficiency detector variac minimum length, but in no case greater olutions per minute. off, place the NO* converter in bypass than 80 feet. (5) Measured fuel flow, pounds/hour. mode and close valve V3. Open valve (d) Component description (exhaust (6) Air flow, pounds/second and MV2 until sufficient flow and stable read­ gas analytical system ). The following method of determination. ings are obtained at the analyzer. Zero components shall be used in the exhaust (7) Bleed air flow, pounds/second and and span the analyzer output to indi­ gas analytical system for testing under pressure (APU’s only). cate the value of the NO concentration the regulations in this subpart. The (8) PT7. being used. Record this concentration. analytical system provides for the de­ (9) EPR. (iii) Open valve V3 (on/off flow con­ termination of hydrocarbon concentra­ (10) TT7. trol solenoid valve for 0 2) and adjust tions by flame ionization detector (11) Pollutant concentration, from valve MV1 (Os supply metering valve) analysis, the determination of carbon recorders, in percent or parts per million to blend enough Oa to lower the NO con­ monoxide and carbon dioxide concentra­ by volume, and parts per million carbon centration (ii) about 10%. Record this tions by nondispersive infrared analysis for hydrocarbons. concentration. and the determination of oxides of nitro­ (iv) Turn on the ozonator and increase gen concentrations by chemilumines­ § 87.66 Calibration and instrument its supply voltage until the N O concen­ cence analysis of exhaust samples. The checks. tration of (iii) is reduced to about 20% chemiluminescence method of analysis (a) Calibrate the analytical assemblyof (ii). NOs is now being formed from requires that the nitgrogen dioxide at least once every 30 days. Use the same the N O + O s reaction. There must always

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19095 be at least 10% unreacted NO at this analyzers. (Power is normally left on giving each probe a weighting factor point. Record this concentration. infrared and chemiluminescence ana­ equal to the number of sample points in that particular probe. F u tu re * - NO* CONVERTER EFFICIENCY DETECTOR lyzers; but when not in use, the chopper motors of the infrared analyzers are (10) Recheck zero and span points at turned off and the phototube high volt­ the end of the test and also at approx­ age supply of the chemiluminescence imately one hour intervals during the analyzer is placed in the standby posi­ test. If either has changed by ±2 percent tion.) The following sequence of opera­ of full scale, the test shall be rerun after tions shall be performed in conjunction instrument maintenance; Provided, That with each series of measurements: if it is impractical to repeat the test, a (1) Check the sampling system for correction based on an interpolation any leaks that could dilute the exhaust which is linear with time is acceptable gas and replace or clean sample line for'Corrections within ±4 percent. filters. (b) Sample system contamination. (1) (2) Introduce the zero grade gas at Care shall be taken to avoid loading of the same flow rates used to analyze the the sampling system with raw fuel dis­ test samples and zero the analyzers. Ob­ charge during engine starting. tain a stable zero on each amplifier (2) When the sample probe is in the meter and recorder. Recheck after tests. exhaust stream and sampling is not in (3) Introduce spqn gases and set the process, a back purge with air or an c2 ^2 * CONNECTOR CO and CO2 analyzer gains, the HC ana­ inert gas may be necessary to protect the NO/N2 SUPPLY lyzer sample capillary flow rate and elec­ probe and sample line from particulate (v) When a stable reading has been tronic gain control, if provided, and the buildup which could affect smoke and obtained from (iv), place the NOx con­ NOx analyzer high voltage supply or hydrocarbon readings. Check sample line verter in the convert mode. The analyzer amplifier gain to match the calibra­ for contamination each time the instru­ will now indicate the total NOx concen­ tion curves. In order to avoid corrections, ment zero and span points are checked. tration. Record this concentration. span and calibrate at the same flow rates Use the following procedure to check the used to analyze the test samples. Span sample line: (vi) Turn off the ozonator and allow gases should have concentrations equal (i) Immediately after instrument zero the analyzer reading to stabilize. The to approximately 80 percent of each and span measurements and necessary mixture NO+02 is still passing through range used. If gain has shifted signif­ adjustments are complete, introduce hy­ the converter. This reading is the total icantly on the CO or COa analyzers, drocarbon zero gas near the sample NOx concentration o f the dilute NO span check tuning. If necessary, check calibra­ probe. If the instrument zero reading gas used at step (iii). Record this con­ tion. Respan at least at end of test but increases by more than 5 percent of the centration. not less than once per hour. Show actual scale in use, the sample line shall be (vii) Close valve V3. The NO concen­ concentrations on chart. Log gain read­ purged or cleaned as required, to bring tration should be equal to or greater than ings. the zero within limits. the reading of (ii) indicating whether (4) Check zeros; repeat the procedure (11) When the requirements of (i) the NO contains any N 02. in subparagraphs (1) and (2) of this have been met, introduce hydrocarbon Calculate the efficiency of the NOx paragraph, if required. span gas into the inlet of the sampling converter by substituting the concentra­ (5) Check sample line temperature system. If the instrument span reading tions obtained during the test into the and sample residence time. To check is different by more than ±5 percent from following equation. sample residence time: the correct setting for the scale in use, (i) Introduce HC span gas into sam­ the sample line shall be pinged or pling system at sample inlet and simul­ cleaned, as required, to bring the span % Efl-=<5^J® xl00% taneously start timer. within limits. (ii) When HC instrument indication The efficiency of the conventer should § 87.68 Test run. be greater than 90 percent. Adjusting is 15 percent of span concentration, stop the converter temperature may be timer. A test run shall consist of operating needed to maximize the efficiency. Effi­ (iii) I f elapsed time is more than 2.0 the engine in accordance with §§ 87.62 ciency checks should be made on each seconds, make necessary adjustments. or 87.63, as applicable. During the test analyzer range using an NO span gas (iv) Repeat (i) through (iii) with rum the engine shall not be operate at concentration appropriate to the instru­ CO, C02, and NO instruments and span a power setting above normal idle power gases. before beginning the test sequence of ment range. (6) Check instrument flow rates and (viii) If the converter efficiency is not § 87.62. The engine shall be operated in pressures. the sequence called for under these sec­ greater than 90 percent, the cause of the *(7) The engine shall be operated in inefficiency shall be determined and cor­ tions, unless an alternate procedure is each operating mode until emission agreed to in writing by the Administra­ rected before the instrument is used. levels have stabilized as indicated by a (ix) The converter efficiency shall be tor before such testing is conducted. If constant instrument reading or recorder repeat runs at full takeoff power are nec­ checked at least once weekly and prefer­ output. This stabilized reading shall be ably once daily. essary, they may be conducted after the recorded and used in calculating mass last idle nm in the test sequence. (b) Verifications and instrument emission rates as called for in Section checks shall be performed in accordance 87.70. § 87.69 Chart reading. with § 87.67 on in-use systems. Verifica­ (8) Measure, HC, CO, CO2, and NOx Determine the HC, CO, CO2, and NOx tion and instrument checks shall be per­ concentrations of the exhaust sample at concentrations of the exhaust sample formed before and after each test, but the various modes called for in §§ 87.62 during the various modes from the in­ not less than once per hour. or 87.63, as appropriate. strument deflections or recordings, mak­ (c) For the purposes of this section, (-9) If individual probes are used, the ing use of appropriate calibration charts. the term “zero grade air” includes arti­ number to be reported (for each com­ ficial “air” consisting of a blend of ponent) shall be the arithmetic average § 87.70 Calculations. nitrogen and oxygen with oxygen con­ of the values obtained at each sampling (a) The final reported test results centrations between 18- and 21-mole point. If mixing probes are used, the shall be computed by use of the follow­ percent. number to be reported shall be the aver­ ing formulas: (1) Hydrocarbon: § 87.67 Sampling procedures. age of the values of the several probes, (a) HC, CO, CO2, and NOx measure­ HC pounds/1,000 pound-thrust-hrs. or Sum of the HC mass/mode of ea. mode ^ ments. Allow a minimum of 2 hours 1,000 hp.-hr., as appropriate/cyde = Sum of the work output of ea. mode warmup for the CO, C02, HC, and NOx

FEDERAL REGISTER, VOL. 38, NO . 136— TUESDAY, JULY 17, 1973 No. 136—Pt. H---- 2 19096 (2) Carbon monoxide: (3) procedures described in this subpart shall (I) Mhc= M olecular weight of methane, CO pounds/1,000 pound-thrust hrs. or= Sum of the CO mass/mode of ea. mode be the test program to determine the Mhc= 16.04. 1.000 hp.=hr., as appropriate/cycle Sum of the work output of ea. mode conformity of new and in-use gas tur­ (II) Mco=Molecular weight of carbon bine engines with the applicable stand­ (3) Oxides o f nitrogen: monoxide. ards set forth in this part. The test is (ill) Mno =Molecular weight of nitrogen NO* poundsA.OOO pound-thrust hrs. or Sum of the NOx mass/mode of ea. mode 2 dioxide. essentially the same as that described in 1.000 hp. =hr., as appropriate/cycle” Sum of the work output of ea. mode (iv) Me= Atomic weight of carbon. §§ 87.60-87.62, except that the test is (b) The pollutant mass and work output per mode shall be computed by use of (v) M h= Atomic weight of hydrogen, designed to determine the smoke emis­ the following formulas: Mh= 1.008. sion level at various operating points (vi) a= Atomic hydrogen-carbon ratio of (1) HC mass/mode= HC emission rate x TIM. representative of engine usage in air­ fuel. (2) CO mass/mode= CO emission rate x TIM. craft. Other smoke measurement sys­ (3) NO* mass/mode= NOx emission rate x TIM. (4) For each operating mode: tems may be used if shown to yield equiv­ (4) Work output of each mode=power (In 1000 pounds thrust of 1000 horsepower) alent results and if approved in advance (I) (HC) = Concentration of hydrocarbons by the Administrator. x TIM. in the exhaust sample in parts per mil­ (c) The emission rates for each mode shall be computed by use of the following lion carbon equivalent, i.e., equivalent § 87.81 Fuel specifications. formulas: propane x 3. N (II) (CO) = Concentration of carbon mon­ Fuel having specifications as provided oxide i n . the exhaust sample in parts per in Section 87.61 shall be used in smoke (1) HC emission rate=------million by volume. emission testing. (M c + « M h ) (ill) (CO2) = Concentration of CO in the § 87.82 Sampling and analytical system exhaust sample In volume percent. for measuring smoke\exhaust emis­ (iv) (NOx) = Concentration of oxides of sions. nitrogen in the exhaust sample in parts per

(2) CO emission rate=------million by volume, N O +N O 2. (a) Schematic drawing. Figure 5 is a REGULATIONS AND RULES (Mc+ »M h) (v) F=M ass rate of fuel flow in pounds schematic drawing of the exhaust smoke per hour. sampling and analytical system which (NOx) M n o j ' 10< F (5) TIM=Time in mode as specified in shall be used in testing under the regu­ (3) NOx emission rate= lation in this subpart. paragraph (d) of this section, divided by (Mc+ xMh) (^ + (C 03)H -^ ) (b) Component description. The fo l­ 60 to yield time in mode in hours. lowing components shall be used in the id) The times in mode (TIM) shall be emitted during an operational mode as specified in Section 87.62 and paragraph § 87.71 Compliance with emission stand­ sampling and analytical system for test­ as specified below: ards. (d) of this paragraph. ing under the regulations in this subpart. Time in mod (minutes) Class T1 Class T2, (iii) NOx mass/mode=Total mass of Compliance with each emission stand­ (1) Sample size measurement. A wet or P2 T3 or T4 oxides of nitrogen emissions in pounds ard by any aircraft or aircraft engine or dry positive displacement meter shall shall be determined by comparing the emitted during an operational mode as be used to measure sample size to an (1) Taxi/idle (out)...... 19 19 pollutant level in pounds/1,000 pound- accuracy of ± 0.01 standard cubic foot. (2) Takeoff...... 0.5 0.7 specified in Section 87.62 and paragraph thrust hours/cycle or pounds/1,000 hp.- (3) Climbout...... 2.5 2.2 Pressure and temperature shall be meas­ <4) Approach______4.5 4.0 (d) of this section. hr./cycle as calculated in § 87.70(a) witli (5) Taxi/idle (in)______•______7.0 7.0 (2) (i) HC emission rate=Pounds/hour the applicable emission standard under ured immediately upstream of the meter. of exhaust hydrocarbons emitted in an this part. The pollutant level for the Accuracy shall be no less than ±0.10 in. (e) Meaning of symbols: operational mode. cycle shall not exceed the standard. Hg and ±4° F., respectively. If a dry type (1) (i) HC mass/mode=Total mass of (ii) CO emission rate=Pounds/hour meter is used, it may be located between hydrocarbon emissions in pounds emitted Subpart H— Test Procedures for Engine the filter holder and the vacuum pump. during an operational mode as specified of exhaust carbon monoxide emitted in Smoke Emission (Aircraft Gas Turbine in Section 87.62 and paragraph (d) of an operational mode. Engines) (2) Sample flow rate measurement. (iii) NOx emission rate=Pounds/hour Sample flow rate shall be measured with this section. § 87.80 Introduction. (ii) CO mass/mode=Total mass car­ of exhaust oxides of nitrogen emitted in a rotameter with accuracy of no less than bon monoxide emissions in pounds an operational mode. Except as provided under § 87.5, the ± 0.02 cubic foot per minute.

FEDERAL REGISTER, VOL. 38, 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19097

Flow

D (Spot diameter) = 0.$0 to 1.50 in«

0 = 5° to 7.5°

cf m 20° to 30 °

Figure 6 -FILTER HOLDER SCHEMATIC DIAGRAM (4) Sampling probe. The sample probe and procedure shall be the same as used to show compliance with § 87.64(c). ( 5 ) Sampling lines. The sampling lines shall be straight through with no kinks or loops, and no bends having a radius of less than 10 line diameters. Sampling line inside diameter shall be within 0.18 to 0.32 inch. The sampling line section F i g u r e 5 - SAMPLING SYSTEM SCHEMATIC from the probe exit to valve A entrance DIAGRAM shall be of minimum length, not greater (3) Filter holder. The filter holder spot surface is not greater than two. Re­ than 7 5 feet, with a m i n i m u m of fittings or other breaks. Line material shall be shall firmly clamp the filter material so quired elements of the filter holder de­ that overall system leakage does not ex­ such as to not encourage build-up of ceed that provided in § 87.84(c). The sign are given in Figure 6. The filter either particulate matter or static elec­ holder internal geometry shall be such holder shall be made of corrosion resist­ tric charge, such as stainless steel or that the variation of SN over the sample ant material. copper.

FEDERAL REGISTER, V O L 38, NO . 136— TUESDAY, JULY 17, 1973 19098 RULES AND REGULATIONS ( 6) Valving. Four valve elements shall until this cleanliness requirement has (f) Sampling procedure: The proce­ be provided. Valve A shall be a quick been met. dure for smoke sampling at each power acting, full-flow, flow diverter with (c) Leak check. The following proce­setting shall be as follows: “closed,” “sample,” and “bypass” posi­ dure shall be used to leak check the (1) With valve D closed and valve A tions. Valve A may consist of two valves, system. set at the “bypass” position, charge the provided that they are interlocked so (1) Clamp clean filter material into lines with exhaust gas for 1 minute that one of the pair cannot act inde­ the holder. minimum. Reestablish flow rate at pendently of the other. Valves B and C (2) Close valve A, full open valves B, 0.50±0.02 c.f.m. as required, using shall be throttling valves used to estab­ C, and D. valve C. lish a system flow rate. Valve D shall be (3) Run the vacuum pump for 5 (2) Open valve D. a shutoff valve used in isolating the filter minutes. (3) Set valve A to “sample,” allow holder. All valves shall be made of cor­ The system shall be satisfactory if no the chosen sample volume to pass, then rosion resistant material. more than 0.20 standard cubic foot passed set valve A to “bypass.” (7) Vacuum pump. The vacuum pump through the volume meter during 5 min­ (4) Close valve D and clamp clean fil­ shall have a no-flow vacuum capability utes. The system shall not be used until ter material into the holder. of at least 22 in. Hg. V., and full-flow this requirement has been met. (5) Repeat subparagraphs (2) through capacity of 1 s.c.f.m. minimum. (4) o f this paragraph for at least three (8) Reflectometer. A reflectometer § 87.85 Test procedures. more sample sizes in accordance with conforming to ASA standard for diffuse (a) The engine shall be operated as paragraph (c) of this section. reflection density, number Ph2.17-1958, provided in § 87.62. The leak check and § 87.86 Test run. shall be used. The diameter of the reflec­ cleanliness check requirements of § 87.84 tometer light beam on the filter paper shall be confirmed before and after each With respect to engine operation, the shall be no more than one-half of “D,” engine test. The test shall be repeated test run shall be conducted in accord­ the diameter of the filter spot. The al­ if the requirements of § 87;84 are not ance with § 87.68. lowable range of “D” is given in Figure 6. confirmed. § 87.87 Determination of SN. (9) Filter material. The filter material (b) Precautions: The material being shall be Whatman No. 4 filter paper or measured is composed of low-micron Smoke spot analysis shall be made equivalent approved by the Administra­ .and/or submicron size agglomerated par­ with a reflectometer as, specified in § 87.82(b) (8) . The backing material tor. ticles. Precautions should be taken to as­ sure that steady state conditions have shall be black with a maximum absolute § 87.83 Information to be recorded. been achieved prior to taking a sample. reflectance of 3 percent. The reflectance The following information shall be re­ To prevent material accumulation, the reading of each spot shall be used to corded with respect to each test in addi­ system shall not be left in a no-flow con­ Rs tion to that information called for in dition when exhaust gas is contained. calculate SN by: SN= 100 (1------), where § 87.65 (a) through (c). (c) Sampling: Not less than 1 minute Rw (a) Sample temperature. shall be allowed to assure that the sys­ Rs=absolute reflectance of the sample (b) Sample pressure. tem is fully charged with a representative spot. Rw=absolute reflectance of clean (c) Actual sample, volume at sampling gas sample. The sampling flow rate shall filter material. conditions. be maintained at 0.50±0.02 c.f.m. At § 87.88 Calculations. (d) Actual sample flow rate at sam­ least fom sample sizes shall be taken pling conditions. within the range of 0.00765 to 0.115 lb. (a) Calculation of W. The sample (e) Leak and cleanliness checks sub­ of exhaust gas per square inch of filter. weight (W) shall be calculated by: stantiation as required by § 87.84 (b) Samples shall be taken both above and PV and ( c ) . below 0.0230 lb. of exhaust gas per square W (lb.) =1.326— , where P and T are T § 87.84 Calibration and instrument inch of filter. sample pressure and temperature in checks. (d) Temperature control: The gas units of inches of mercury absolute and temperature from the sampling probe en­ degrees Rankine, respectively, measured (a) Reflectometer calibration. The re­ trance to the filter material shall be flectometer required by § 87.82(b) (8) immediately upstream o f the volume above the dew point temperature. All meter. V is measured sample volume in shall be calibrated in accordance with lines and valves shall be lagged and/or manufacturer’s specifications. cubic feet. heated as necessary to meet this (b) Calculation of W/A. The sample (b) System maintenance. The need for requirement. cleaning or replacement shall be deter­ weight in pounds per square inch of filter (e) Preparation for each power set­ spot area (W /A) shall be calculated for mined by conducting the following clean­ ting: The following shall be done to pre­ liness check: each sample size taken. pare the system at each power setting: (c) Plotting SN versus W/A. All SN (1) Full open valves B, C, and D. (1) Set valve A to “bypass,” close (2) Use the vacuum pump and alter­ shall be plotted versus W /A on semilog nately set valve A to “bypass” and “sam­ valve D. coordinates, with W /A as the logarithmic (2) Draw exhaust gas for 5 minutes abscissa. A straight line shall be fitted ple” to purge the entire system with minimum, then use valve C to set flow clean air for at least 5 minutes. to these points using the method of least (3) Set valve A to “bypass.” rate at 0.50±0.02 c.f.m. squares. Such a line shall be produced (3) Clamp clean filter material into for each power setting specified. (4) Close valve D and clamp clean the holder. filter material into the holder. Open (4) Open valve D. (d) Plotting reporting values of SN valve D. (5) Set valve A to “sample” and use versus power setting. Values o f SN shall (5) Set valve A to “sample,” reset back valve B to again set the flow rate to be read from the straight line functions to “bypass” after 1 standard cubic foot 0.50±0.02 c.f.m. This shall be done of paragraph (c) of this section for of air per square inch of filter area has quickly before particulate buildup on W/A=0.0230 lb/sq. in. These SN are the filter causes excessive pressure drop. the values to be reported and shall be passed through the filter material. (6) Set valve A to “bypass” and close If the filter spot exhibits SN greater valve D. presented by plotting them as ordinate than 3, the system lines must be cleaned (7) Clamp clean filter material into versus power setting as abscissa on rec­ or replaced. The system shall not be used the holder. tangular coordinates.

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19099

Engine Exhaust Duct r O

NOTE: 1. The sample line between the converter and the NOx analyzer and the converter bypass sample line shall be heated, if necessary, to prevent water condensation. t o 2 . 5 liters/min. ÌS9 Water Trap 3. Unrestricted outlet with flowrate of 2 liters/min. if: nominal.

Water Figure 7 Trap Drain Piston Engine Sampling System and Instrument Arrangement § 87.89 Compliance with emission stand­ ulated aircraft landing-takeoff cycle ation to determine its mass emission ards. (LTO). The LTO cycle is based on time rates: Compliance with each emission stand­ in mode data during high activity periods Power setting (percent ard shall be determined by comparing at major airports. The test consists of Mode of rated power) the plot of SN versus power setting from five modes of engine operation: Taxi/ Taxi/idle (ou t)._ See subparagraph (2) § 87.88 with the applicable emission idle (out), takeoff, climbout, approach, of this paragraph and taxi/idle (in). The mass emissions Takeoff — ------100 percent standard under this part. The SN at C lim bou t ------See subparagraph (3) every power setting shall not exceed the for the modes and engine rated power are combined to yield the reported of this paragraph standard. A p p r o a c h ______40 percent values. * Taxi/idle (in) ____ See subparagraph (2) Subpart I— Test Procedures for Engine (c) When an engine is tested for ex­ of this paragraph Exhaust Gaseous Emissions (Aircraft haust emissions on an engine dynamom­ Piston Engines) eter or test stand, the complete engine (2) Tlie taxi/idle operating modes § 87.90 Introduction. shall be used with all accessories, which shall be conducted in accordance with might reasonably be expected to in­ the manufacturer’s recommended power Except as provided under § 87.5, the setting. procedures described in this subpart fluence emissions to the atmosphere, in­ stalled and functioning. (3) The climbout operating mode shall shall be the test program to determine be conducted in accordance with the the conformity of new and in-use air­ § 87.91 Gasoline fuel specifications. manufacturer’s recommended power set­ craft piston engines with the applicable ting: Provided, That the power setting standards set forth in this part. For exhaust- emission testing, fuel meeting the specifications of ASTM shall be between 75 and 100 percent of (a) The test consists of operating the rated power. engine at prescribed power settings on D910 latest version for grades 80/87 or (b) Emission testing shall be conducted an engine dynamometer or test stand. 100/130 (as applicable) shall be used. on warmed-up engines which have The exhaust gases generated during The lead content and octane rating of achieved a steady operating temperature. engine operation are sampled continu­ the fuel shall be in the range recom­ ously for specific component analysis § 87.93 Sampling and analytical system through the analytical train. mended by the engine manufacturer. for measuring exhaust emissions. (b) The exhaust emission test is de­ § 87.92 Test procedure. (a) Schematic drawing. Figure 7 is a signed to measure hydrocarbon, carbon schematic drawing of the exhaust gas monoxide, and oxides of nitrogen con­ (a) (1) The engine shall be tested in sampling and analytical system which centrations and determine mass emis­ each of the following five engine operat­ shall be used for testing under the regu­ sions through calculations during a sim­ ing modes which simulate aircraft oper­ lations in this subpart. Additional com-

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19100 RULES AND REGULATIONS ponents such as instruments, valves, (2) Model number. the CO or CO analyzers, check t uning solenoids, pumps, and switches may be (3) Serial number. If necessary, check calibration. Respan used to provide additional information (4) Displacement. at least at end of .test but not less than and coordinate the functions of the com­ (5) Type, manufacturer, and model of once per hour. Show actual concentra­ ponent systems. carburetion. tions on chart. Log gain readings. (b) Water removal devices. No desic­ ( 6) Cylinder configuration. (4) Check zeros; repeat the procedure cants, dryers, water traps, or related (7) Turbocharger manufacturer and in subparagraphs ( 1) and (2) of this equipment may be used to treat the ex­ model, if applicable. paragraph if required. haust sample flowing to the oxides of (d) Test data.— (1) Test number. (5) Check sample line temperature nitrogen measurement instrumentation. (2) Date. and. sample residence time. To check Temperature control shall be provided (3) Time. sample residence time: , for NOx sample lines, hardware and in­ (4) Ambient temperature and engine (1) Introduce HC span gas into sam­ strument to prevent water condensation. inlet temperature. pling system at sample inlet and simul­ (c) Component description (exhaust (5) Barometric pressure. taneously start timer. gas sampling system). The following ( 6) Relative humidity. (ii) When HC instrument indication components shall be used in the exhaust (7) Sample line temperature. is 15 percent of span concentration, stop gas sampling system for testing under ( 8) Sample line residence time. timer. the regulations in this subpart: (9) All pertinent instrument informa­ (iii) If elapsed time is more than 2.0 (1) Sampling probe. The probe will be tion such as tuning, gain, full scale range. seconds, make necessary adjustments. made of stainless steel of at least one- (10) Recorder charts: Identify zero, (iv) Repeat (i) through (iii) with CO, fourth inch outside diameter extending span and exhaust gas sample traces. CO2, and NO instruments and span gases. across the diameter of the engine ex­ (e) Operating mode data.— ( 1) Nom­ (6) Check instrument flow rates and haust duct. The gas sample will be drawn inal power setting. pressures. through a minimum of 5 holes in the (2) Actual power setting, horsepower. (7) The engine shall be operated in sample probe distributed uniformly (3) Speed, revolutions per minute. each operating mode until emission levels across the inside diameter of the engine (4) Absolute manifold pressure, inches have stabilized as indicated by a con­ exhaust duct. Where the engine has two mercury. stant instrument reading or recorder or more exhaust pipes, the pipes shall be (5) Measured fuel flow, pounds per ouput. This stabilized reading shall be combined into a common exhaust pipe of minute. recorded and used in calculating mass sufficient length to provide for good (6) Air flow, pounds per minute and emission rates §s called for in § 87.99. mixing. ~- method of determination. (8) Measure HC, CO, CO2, and NOx (2) Sample transfer. The sample shall (7) Pollutant concentration, from re­ concentrations of the exhaust sample be transferred from the probe to the corders, in percent or parts per million at the various modes called for in § 87.92. analytical instruments through a stain­ by volume, and parts per million, carbon (9) Recheck zero and span points a't less steel or Teflon sample line. Sample for hydrocarbons. the end of the test and also at approxi­ flow rate from the engine to the instru­ mately one hour intervals during the § 87.95 Calibration and instrument test. If either has changed by ± 2 per­ ments shall be such that the transport checks.. time from exhaust pipe to instruments is cent of full scale, the test shall be rerun 2 seconds or less. Calibration and instrument checks after instrument maintenance: Provided, (-d) Component description (exvhaust shall be performed in accordance with That if it is im practical to repeat the gas analytical system). The analytical § 87.66 except that daily calibration and test, a correction based on interpolation system provides for the determination of instrument checks shall be performed in linear with time is acceptable for cor­ hydrocarbon concentrations by flame accordance with § 87.96. rections within ±4 percent. (b) Carbon balance. As a test of rep­ ionization detector analysis, the deter­ § 87.96 Sampling procedures. mination of carbon monoxide and carbon resentative sample collection, a carbon dioxide concentrations by .nondispersive (a) HC, CO, CO*, and NOx measure­ balance shall be calculated from air and infrared analysis and the determination ments. Allow a minimum of 2 hours fuel flow data. This balance shall be of oxides of nitrogen concentrations by warmup for the CO, CO, HC and NOx within ±5 percent of that calculated chemiluminescence analysis of exhaust analyzers. (Power is normally left on from exhaust gas constituents or the test samples. The' chemiluminescence method ¡infrared and chemiluminescence ana­ will be invalidated. Fuel flow data shall of analysis requires that the nitrogen di­ lyzers; but when not in use, the chopper be derived by measurement during the oxide present in the sample be converted motors of the infrared analyzers are test for which emissions are to be cal­ to nitric oxide before analysis. Other turned off and the phototube high Volt­ culated. Air flow data preferably is from types of analyzers may be used if shown age supply of the chemiluminescence direct measurement but if such measure­ to yield equivalent results and if ap­ analyzer is placed in the standby posi­ ment is impractical, the data shall be proved in advance by the Administrator. tion.) The following sequence of opera­ taken from air consumption curves gen­ See appendix B of this part. tions shall be performed in conjunction erated for the particular model of engine with each series of measurements: under test. § 87.94 Information to be recorded. (1) Check the sampling system for (c ) Sample system contamination. (1) The following information, as appli­ any leaks that could dilute the exhaust Care shall be taken to avoid loading of cable, shall be recorded with respect to gas. the sampling system with raw fuel dis­ each test: (2) Introduce the zero grade gas at charge during engine starting. (a) General. (1) Facility performing the same flow rates used to analyze the (2) When the sample probe is in the test. test samples and zero the analyzers. Ob­ exhaust stream and sampling is not in (2) Description of test equipment in­ tain a stable zero on each amplifier me­ process, a back purge with air or an inert cluding the probe and sampling and ter and recorder. Recheck after tests. gas may be necessary to protect the probe analytical train. (3) Introduce span gases and set the and sample line from hydrocarbon (3) Instrument operator. CO and CO analyzer gains, the HC ana­ buildup. . (4) Test stand operator. lyzer sample capillary flow rate and elec­ Check sample line for contamination (5) Fuel identification including H/C tronic gain control, if provided, and the each time the instrument zero and span ratio and additives, if any. NO, anaylzer high voltage supply or am­ points are checked. Use the following (b) Aircraft (in which engine will be plifier gain to match the calibration procedure to check the sample line: installed) description. (1) Manufacturer. curves. In order to avoid corrections, span (i) Immediately after instrument zero (2) Model number. and calibrate at the same flow rates used and span measurements and necessary (3) Serial number (if known). to analyze the test samples. Span gases adjustments are complete, introduce hy­ (4) User. should have concentrations equal to ap­ drocarbon zero gas near the sample (c) Engine description.—(1) Manufac­ proximately 80 percent of each range probe. If the instrument zero reading in­ turer. used. If gain has shifted significantly on creases by more than 5 percent of the

FEDERAL REGISTER, VOL 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19101 scale in use the sample line shall be § 87.98 Chart reading. of nitrogen in the exhaust gas, assuming purged or cleaned as required, to bring Determine the HC CO, C02, and NOx they are in the form of nitrogen dioxide, the zero within limits. concentrations of the exhaust sample in pounds per cubic foot at 68°P. and (ii) When the requirements of para­ during the various modes from the in­ 760 mm. Hg pressure (0.119 lb./cu . ft .). graph (c) (2) (i) of this section have been strument deflections or recordings mak­ (5) (i) HC conc.=hydrocarbon con­ met, introduce hydrocarbon span gas ing use of appropriate calibration charts. centration of the exhaust sample in near the sample probe. If the instru­ CO and C 0 2 measurements shall be con­ pounds per minute carbon equivalent, ment span reading is different by more verted to a wet basis by multiplying the i.e., equivalent propaneX3. than ±5 percent frpm the correct setting recorded concentrations by a conversion (ii) CO conc.=Carbon monoxide con­ for the scale in use, the sample line shall factor calculated in accordance with centration of the exhaust sample in be purged or cleaned, as required to bring good engineering practices for rich or parts per million by volume. the span within limits. lean mixtures as appropriate from actual (iii) NOx conc.=Oxides of nitrogen § 87.97 Test run. air and fuel flow measurements or from concentration of the exhaust sample in parts per million by volume. A test run shall consist of operating air consumption curves generated for the particular model of engine under test. (6) TTM=Time in mode as specified the engine in accordance with § 81.92. in paragraph (d) of this section divided The engine shall be operated in the § 87.99 Calculations. by 60 to yield time in mode in hours. sequence called for under that section without intervening operating points un­ (a) The final reported test results § 87.100 Compliance with emission less an alternate procedure* is agreed to shall be computed by use of the follow­ standards. in writing by the Administrator before ing formulas : Compliance with each emission stand­ such testing is conducted. (1) Hydrocarbon: ard shall be determined by comparing the pollutant level to pounds/rated Sum of the HC mass/mode of ea. of the modes power/cycle as calculated in accordance HC pounds/rated power/cycle= Engine rated power (horsepower) with § 87.99, with the applicable emis­ sion standard under this part. Tie pol­ (2) Carbon monoxide: lutant level for the cycle shall not exceed the standard. Sum of the CO mass/mode of each of the mtydes A p p e n d ix A — I nstrumentation (A irc raft CO pounds/rated power/cycle= Engine rated power (horsepower) G as T u r b in e E n g in e M easurements ) (3) Oxides of nitrogen: (a ) NDIR instruments. Nondispersive in­ frared (NDIR) analyzers shall be used for Sum of the NOx mass/mode of ea. of the modes the continuous monitoring of carbon mon­ oxide and carbon dioxide. NO* pounds/rated power/cycle= Engine rated power (horsepower) The NDIR instruments operate on the principle of differential energy absorption (b) The pollutant mass per mode shall (2) CO mass/mode=CO emission rate from parallel beams of infrared energy. The be computed by use of the following x TIM. energy is transmitted to a differential detec­ (3) NOx mass/mode=NOx emission tor through parallel cells, one containing a formulas: rate x TIM. reference gas, and the other, sample gas. The (1) HC mass/mode=HC emission rate '(c) The emission rates shall be com­ detector, changed with the component to be puted by use of the following formulas: measured, transduces the optical signal to x TIM. an electrical signal. The electrical signal thus generated is amplified and continuously re­ corded. The NDIR analyzer used in accord­ (1) HC emission rate=v exhaustXdensity HCX-^ ance with Subpart H of this part shall meet the following specifications: (2) CO emission rate=v exhaustXdensity COX ^ qqq qqq' ( 1) Response time (electrical). 90 percent full scale response in 0.5 second or less. Zero • NOr cone drift—Less than ±1 percent of full scale in (3) NOx emission rate=v exhaustXdensity NOxX ^ ^ 2 hours on most sensitive range. Span drift— Less than ±1 percent of full scale in 2 hours on most sensitive range. Repeatability— f-1 (d) The time-in-mode (TIM) shall be (ii) CO emission rate=pounds/hour of percent of full scale. Noise— Less than 1 per­ as specified below (in minutes) : exhaust hydrocarbons emitted in an op­ cent of full scale on most sensitive range. Cell temperature—Minimum 50° C. main­ (1) Taxi/idle (o u t ) ______12.0 erational mode. (iii) NOx emission rate=pounds/hour tained within ±2° C. (2) Takeoff _____ 0 .3 (2) Range and accuracy. (3) C lim b ou t______5. 0 of exhaust oxides of nitrogen emitted in (4) Approach ______6 .0 an operational mode. Accuracy excluding (5) Taxi/idle (in )______4 .0 Range interferences ,(3) V exhaust=Total engine exhaust Carbon monoxide: (e) Meaning of symbols: volume flow rate in terms of cubic feet 0 to 100 p.p.m __ ±2 percent of full scale (1) (i) HC mass/mode=Total mass of per hour at 68°P. and 760 mm. Hg pres­ 0 to 500 p.p.m __ ±1 percent of full scale hydrocarbons emissions in pounds sure. V exhaust shall be calculated in 0 to 2500 p.p.m __ ±1 percent of full scale emitted during an operational mode as accordance with good engineering prac­ Carbon dioxide: specified in § 87.92 and paragraph (d) of tices from actual air and fuel flow meas­ 0 to 2 p ercent___ ±1 percent of full scale this section. urements or from air consumption curves 0 to 5 percent___ ±1 percent of full scale (ii) CO mass/mode= total mass of car­ generated for the particular model of (3) All NDIR instruments shall be equip­ bon monoxide emissions in pounds engine under test. ped with cells of suitable length to measure exhaust concentrations within the ranges en­ emitted during an operational mode as (4) (i) Density HC=Density of hydro­countered to the indicated accuracy. Range specified in § 87.92 and paragraph (d) of carbons in the exhaust gas, assuming an changes shall be accomplished either by the this section. average carbon to hydrogen ratio of use of stacked sample cells or changes in (iii) NOx mass/mode==total mass of 1:1.85, in pounds per cubic foot at 68°P. the electronic circuitry, or both. oxides of nitrogen emissions in pounds and 760 mm. Hg pressure (0.0359 Ib./cu. (b ) Total hydrocarbon analyzer (1) G en­ emitted during an operational mode as f t ). eral design specifications. The measurement specified in § 87.92 and paragraph (d) of (ii) Density CO—Density of carbon of total hydrocarbon is made by an analyzer this section. monoxide in the exhaust gas in pounds using a flame ionization detector (FID). With this type detector an ionization current, (2) (i) HC emission rate=pounds/hour per cubic foot at 68°P. and 760 mm. Hg proportional to the mass rate of hydrocarbon of exhaust hydrocarbons emitted in an pressure (0.0726 lb./cu. ft.). entering a hydrogen flame, is established be­ operational mode. (iii) Density NOx=Density of oxides tween two electrodes; the small current is

FEDERAL REGISTER, VOL. 38, NO. 136— TUESDAY, JULY 17, 1973 19102 RULES AND REGULATIONS

measured by an electrometer amplifier and The difference between the response to pro­ continuously recorded. pane in nitrogen and response to propane in The analyzer shall be fitted with a con* diluent containing 10 percent 02 shall not stant-temperature oven housing the detector exceed 2 percent. If the 2 percent specification and sample-handling components. It shall cannot be met by Changing the sample flow maintain temperature within ±2*C. of the rate or burner parameters, such as air and/or set point, which shall be within 155s to fuel-flow rate, the detector shall be modi­ 165°C. fied or replaced. The detector and sample handling com­ (ill) Linearity and relative response. ponents shall be suitable for continuous (a) With analyzer optimized in accordance operation at temperatures to 200 °C. with paragraph (b) (3) (i) of this section, (2) The FID analyzer used in accordance the instrument linearity shall be checked for with Subpart G of this part shall meet the the ranges covering the range o f analysis following specifications: using propane in air at nominal concentra­ Response time (electrical)—90 percent of tions of 30, 60, and 90 percent full scale of full scale in 0.5 seconds or less. each range. The deviation of a best-fit curve Noise—±1 percent of full scale on most 8ESP0KSE VS. EBEL FLOW from a least-squares best-fit straight line sensitive range. (d) To determine the optimum air flow, should not exceed 2 percent of the value at Repeatability—±1 percent of lull scale. use fuel flow setting determined above and any point. If this specification is met, con­ Zero drift—Less than ±1 percent of full vary air flow. A typical curve for response centration values may be calculated by use scale in 2 hours on all ranges. versus air flow is shown in the following of a single calibration factor. If the deviation Span drift—Less than ±1 percent of full figure: exceeds 2 percent at any point, concentration values shall be read from a calibration curve scale in 2 hours. prepared during this alignment procedure. Linearity—Response with propane in air (b) A comparison of response to the differ­ shall be linear with ± 2 percent over the ent classes of compounds shall be made using range of 0 to 2,000 p.p.m.C. (individually) propylene, toluene, n-hexane, and propane, each at 20 to 50 p.p.m.C concen­ A ccu racy: tration in air. If the response to propylene, 0 to 10 p.p.m .C— ±5 percent of full scale toluene or n-hexane differs by more than 5 with propane cali­ percent from the response to propane, check bration gas. instrument operating parameters. Reducing 0 to 100 p.p.m.C_ ± 2 percent of full scale sample flow rate improves uniformity of with propane cali­ response. bration gas. (c ) Oxides of nitrogen analytical system. 0 t o 1,000 The chemiluminescence method utilizes the ± 1 percent of full scale p .p .m .C ______principle that nitric oxide (NO) reacts with with propane cali­ ozone (0„) to give nitrogen dioxide (N02). bration gas. and oxygen (0 2) . Approximately 10 percent of 0 to 2,000 RESPONSE VS. AIR FLOW the N02 is electronically excited. The transi­ p .p .m .C ______± 1 percent of full scale After the optimum flow settings have been tion of excited N02 to the ground state yields with propane cali­ a light emission (600-2600 nanometer region) bration gas. determined these flows are to be measured and recorded for future reference. at low pressures. The detectable region of (3) Total hydrocarbon analyzer shall have (ii) Oxygen effect. Check the response of this emission depends on the PM-tube/op- tical filter being used in the detector. The an initial alignment as follows: the detector with varied concentrations of intensity of this emission is proportional to (i) Optimization of detector response, (a) oxygen in the sample following the steps outlined below; this test shall be made with the mass flow rate of NO into the reactor. Follow manufacturer’s instructions for in­ oven temperature at the set point and with The light emission can be measured utilizing strument startup and basic operating adjust­ gas flow to the detector at optimum condi­ a photomultiplier tube and associated ment. Fuel shall be 60 percent helium, 40 tions, as determined in paragraph (b) (3) (i) electronics. percent hydrogen containing less than 2 of this section. (1) The method also utilizes the principle that the thermal decomposition of N02 i.e„ p.p.m.C. hydrocarbon. Air shall be “hydro­ (a) Introduce nitrogen (Na) zero gas and zero analyzer; check zero using hydrocarbon- (2N02^2N 0+02), is complete at about carbon-free” grade containing less than 2 free air; the zero should be the same. 600°C. The rate constant for the dissociation p.p.m.C. ... (b) The following blends of propape shall of N02 at 600°C. is approximately 106 (liters/ (b) Set oven temperature at 160°±5°C. be used to determine-the effect of oxygen mole-second). A 6-foot length of one-eighth and allow at least one-half horn after oven ( 0 2) in th e sample. inch outside diameter, 0.028 inch wall thick­ ness, flawless stainless steel tubing resistance reaches temperature for the system to equili­ Propane in N2. Propane in 10% ±0.5% O 2 and balance N2. heated using a low voltage, high current brate. The temperature is to-be maintained Propane in zero grade air (refer to 87.66 power supply to a temperature of 650 °C. at set point ±2°C. (c)). provides sufficient residence time at a sam­ (c) Introduce a mixture of propane in air The volume concentration of propane in ple flow rate of 700 cc. per minute (1.5 at a propane concentration of about 500 the mixture reaching the detector should be c.f.h.) for essentially complete conversion p.p.m.C. Vary the fuel flow to burner and about 500 p.p.m.C, and the concentration of of nitrogen dioxide to nitric oxide. Other both the 02 and hydrocarbon should be converter designs may be used if shown to determine the peak response. A change in known within ±1 percent of the absolute yield equivalent results. zero may result from a change in fuel flow; value. The zero shall be checked after each (2) The method permits continuous mon­ therefore, the instrument zero should be mixture is measured; If the zero has changed itoring of NOx concentrations over a wide checked at each fuel-flow rate. Select an then the test shall be repeated. range. Response time (2 to 4 sec. is typical) operating flow rate that will give near maxi­ The response to propane in air shall not is primarily dependent on the mechanical mum response and least variation in re­ differ by more than 3 percent from the re­ pumping rate at the operating pressure of sponse to propane in the 10 peroent-02/90 thé reactor. The following . figure is a flow sponse with minor fuel-flow variations. A percent-N2 mixture, nor differ by more than schematic illustrating one configuration of typical curve for response versus fuel flow 5 percent from the response to propane in the major components required for the oxides is shown in the following figure. nitrogen. of nitrogen analytical system.

FEDERAL REGISTER, VOL 38, NO. 136— TUESDAY, JULY 17, 1973 RULES AND REGULATIONS 19103

(b) The FID analyzer used for measure­ ment of hydrocarbons in accordance with Subpart I of this part shall meet the follow­ ing specifications: Response time (electrical)—90 percent of full scale in 0.5 seconds or less. Noise— ±1 percent of full scale on most sensitive range. Repeatability— ± 1 percent of full scale. Zero drift—Less than ±1 percent of full scale in 2 hours on all ranges. Span drift—Less than plus or minus of full scale in 2 hours. Linearity—Response with propane in air shall be linear with +2 percent over the range of 0 to 20,000 p.p.m.C. A ccu racy: 0 to 100 p.p.m.C ____ ±5 percent ofjfull scale with propane cali­ bration gas. 0 to 1,000 p .p .m .C __ ±2 percent of full scale with propane cali­ bration gas. 0 to 10,000 p.p.m.C- ±1 percent of full scale with propane cali­ bration gas. (c) The oxides of nitrogen analyzer used for measurement of oxides of nitrogen in OXIDES OP NITROGES ANALYTICAL SYSTEM accordance with Subpart I of this part shall (3) The oxides of nitrogen analyzer used Appendix B— I nstrumentation (A ircraft meet the following specifications: in accordance with Subpart G of this part Piston Engine M easurements) Response time (electrical)—90 percent of shall meet the following specifications: (a) The NDIR analyzers used for continu­ full scale in 0.5 second or less. Response time (electrical)—90 percent of ous monitoring of carbon monoxide and car­ Noise— Less than 1 percent of full scale. full scale in 0.5 seconds or less. bon dioxide in accordance with Subpart I Repeatability— ±1 percent of full scale. Noise—Less than 1 percent of full scale. of this part shall meet the following specifi­ Zero drift—Less than ±1 percent of full Repeatability— ± 1 percent of full scale. ca tio n s: scale in 2 hours. Zero drift—Less than ±1 percent of full (1) Response time (electrical—90 percent Span drift—Less than ±1 percent of full scale in 2 hours. full scale response in 0.5 second or less. scale in 2 hours. Span drift—Less than ±1 percent of full Zero drift— Less than ±1 percent full scale Linearity— Linear to within ± 2 percent of in 2 hours on most sensitive range. Span scale in 2 hou rs. full scale on all ranges. Linearity—Linear to within ± 2 percent of drift—Less than ±1 percent of full scale in Accuracy— ±1 percent of full scale on all full scale on all ranges. 2 hours on most sensitive range. Noise— Less than 1 percent of full scale on most sensitive scales. Accuracy—±1 percent of full scale on all range. (d) The dynamometer, test stand, and scales. (2) Range and accuracy: other instruments for measurement of power (d) The dynamometer test stand and other output and air and fuel flow measurement instruments for measurement of power out­ Range Accuracy excluding instrumentation in accordance with Subpart put and the fuel flow measurement instru­ Carbon monoxide, interferences 1 of this part shall be accurate to within mentation in accordance with Subpart G 0-12 percen t____ ± 1 percent o f fu ll scale. ± 2 percent at all power settings. of this part shall be accurate to within ± 2 Carbon dioxide, 0— percent at all power settings. 15 percent._____ ± 1 percent o f fu ll scale. [FR Doc.73-14493 Filed 7-16-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 136— TUESDAY, JULY 17, 1973 No. 136— Ft. n - MICROFILM EDITION FEDERAL REGISTER 35mm MICROFILM

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