27536 27530 27514 27509 27538 27530 27536 27528 - 27534 — 27510 ...... 27560 ...... 1 ...... 27507 27545-27547 27528, 27529 .

27523, 27524 .. .. : : ...... documents); - ...... (2 ...... " ...... r...... (Continued inside) ......

-......

...... ;...... Advisory Committee search, on 10-10 Coal Mineand 10-11—73 Safety and Re­ TREASURY DEPARTMENT: Comptroller of the Cur­ INTERIOR DEPARTMENT: Baker District Advisory Board, Policies and Practices of the Thirteenth National Bank USDA declares and reprorates 1973 quota USDA deficits for requires no proportionate shares for 1974 rency’s Regional Advisory Region, Committee 1 0 -1 9 -7 3 on ...... Banking Hawaii and Peru sugarbeet crop..-- 12-11-73 and 1-15-74..:. CLC allows Phase IV price increases for rubber tire and istered, practical, and trained nurses CLC Phase IV pay and price regulations for certain reg­ effective effective 10—1—73..... tube products; effective 10—8—73...... 1 1 -5 -7 3 PUBLIC ASSISTANCE— HEW proposal on determin­ products from Haiti and Korea (3 documents); effective PESTICIDES— EPA establishes tolerances for certain RADIOACTIVE MATERIALS— AEC issues regulatory guide MEETINGS— 1 0 -1 -7 3 ... Board extends disclosure statement filing requirements; PEANUTS— USDA proposes 1974 crop determinations; HIGHLIGHTS OF THIS ISSUE ing paternity of children receiving aid; comments by steel steel wire rope from Japan...., DEFENSE CONTRACTS— Cost Amounting Standards SUGAR— comments by 10—15—73 chemicals in or on raw ments); agricultural commodities effective (3 10—4—73 docu­ METHAQUALONE— Justice Department classifies as on measurement of certain radionuclides in milk.. TEXTILES— CITA renews import limitations on certain ANTIDUMPING— Tariff Commission determination on effective effective 4— 1—74 Safety Commission exempts from lead content restric­ ECONOMIC STABILIZATION— Schedule II controlled substance; effective 10—4—73 27516 ARTISTS' PAINTS AND SUPPLIES— Consumer Product tions; effective 12—3—73...-. of any document published in this issue. Detailed table ofcontents appears inside. This listing does notthe affect legal status THURSDAY, OCTOBER 4, WASHINGTON, 1973 D.C.

October 4, 1973— -Pages 27501-27574 REMINDERS

(The items in this list were editorially compiled as an aid to F ederal R egister users. Inclusion or exclusion from this list has no legal significance. Since this list is intended as a reminder, it does not include effective dates that occur within 14 days of publication.) Rules Going Into Effect Today page no. and date FCC— Licensing of non-type accepted transmitters to U.S. government con­ tractors...... 23519, 8—31—73 FRS— Reserves of member banks; reserve percentage requirements...... 25984, 9 -1 7 -7 3

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 Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C., & Cil’ 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution ls made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

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FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 HIGHLIGHTS— Continued

USDA: Pacific Northwest Forestry Research Advisory EPA: Hazardous Materials Advisory Committee, 10-15 and 10-16-73 ...... 27548 Committee, 10—25 and 10—26—73...... 27537 AEC: General Advisory Committee, 10-16 through NASA: Ad Hoc Synthesis Review Panel for Evaluation 1 0 -1 8 -7 3 ...... -...... —*...... 27539 of Lunar Data Analysis and Synthesis Program, 11-5 CLC: Food Industry Wage and Salary Committee, through 1 1 -8 -7 3 ...... 27554 1 0 -1 1 -7 3 ...... -...... »...... — - 27548

Contents

AGRICULTURAL MARKETING SERVICE CIVIL AERONAUTICS BOARD Notices Rules and Regulations Notices Mattresses; flammability stand­ ard; correction______27548 Cherries; free and restricted per­ Hearings, etc.: centages for 1972-73 fiscal Aerlinte Eireann Teoranta------27540 COST ACCOUNTING STANDARDS BOARD period ------— 27512 American Airlines Inc------27540 Rules and Regulations Shell eggs; voluntary grading American Airlines, Inc.; and Disclosure statement; filing re­ standards, grades, and weight Frontier Airlines Inc------27541 quirements and contract classes; correction------27509 Domestic passenger fare in­ awards______27507 Valencia oranges grown in Ari­ creases ______r— 27541 zona; lim itation o f handling— 27511 Miami-Los Angeles competitive COST OF LIVING COUNCIL nonstop case______:— 27543 Rules and Regulations AGRICULTURAL STABILIZATION AND Mowhawk segments 8 and 9 CONSERVATION SERVICE Phase IV pay regulations; pay ad­ renewal case______27544 justments affecting employees in Rules and Regulations the health industry______27529 Sugar; requirements, quotas, and CIVIL SERVICE COMMISSION Phase TV price regulations; cer­ quota deficits for 1973------27509 Rules and Regulations tain rubber products price in­ Sugarbeets; determination of pro­ Conversion rules for rates of basic creases ______27528 portionate shares for 1974 crop . 27510 p a y ------27509 Phase TV price regulations; self- Proposed Rules Excepted service: employed registered, practical, Peanuts; 1974 national marketing Civil Rights Commission____ _ 27508 and trained nurses______27528 quota and acreage allotments— 27530 Environmental Protection Agen­ Notices c y ______27508 Delegations of authority: AGRICULTURE DEPARTMENT General Services Administra­ Administrator, Office of Health; See Agricultural Marketing Serv­ tion ______27508 compliance certificates_____ 27548 ice; Agricultural Stabilization Housing and Urban Develop­ Director, Energy Policy Office; and Conservation Service; Ani­ ment Department______27509 stabilization of propane mal and Plant Health Inspec­ United States Information prices ______27548 tion Service; Forest Service. A g e n cy ______27508 Food Industry Wage and Salary Committee; closed meeting___ 27548 AIR FORCE DEPARTMENT COMMERCE DEPARTMENT See Maritime Administration. CUSTOMS SERVICE Rules and Regulations Notices Court martial manual; partial im­ COMMITTEE FOR THE IMPLEMENTATION Foreign currencies; certification plementation; correction------L- 27523 OF TEXTILE AGREEMENTS of exchange rates------27534 Notices ANIMAL AND PLANT HEALTH INSPECTION DEFENSE DEPARTMENT SERVICE Entry or withdrawal from ware­ house for consumption: See Air Force Department. Rules and Regulations ^ Certain cotton textiles and DRUG ENFORCEMENT ADMINISTRATION Modified certified brucellosis products from Haiti and the Rules and Regulations areas ______m------27512 Republic of Korea (2 docu­ Methaqualone and its salts; reg­ ments) ______27545, 27546 ATOMIC ENERGY COMMISSION istration of manufacturers, dis­ Certain wool and man-made tributors, and dispensers of con­ Notices fiber textile products from the trolled substances______27516 Environmental and siting regula­ Republic of Korea______27547 tory guides; issuance and avail­ Notices ability ------27538 COMPTROLLER OF THE CURRENCY Afro-American Pharmacy, Inc.; General Advisory Committee; Notices revocation of certificate of reg­ istration ______27534 meeting ______27539 Regional Advisory Committee on Georgia Power Co.; notice and Banking Policies and Practices ENVIRONMENTAL PROTECTION AGENCY order for special prehearing of the Thirteenth National Rules and Regulations con feren ce______27539 Bank Region; meeting______27534 Tolerances and exemption from Liquid metal fast breeder reactor pesticide tolerances: program; environmental impact CONSUMER PRODUCT SAFETY COMMISSION 3,5-Dichloro - 2V(1,1 - dimethyl- statem en t______1______27540 2-propynyl) benzamide_____ 27524 Portland General Electric Co., et Rules and Regulations. 4,6-Dinitro-o-cresol and its so­ al.; order convening hearing__ 27539 Hazardous substances; lead-con­ dium salt______27523 Toledo Edison Co. and Cleveland taining artists’ paints and re­ O ryzalin ______27524 Electric Illuminating Co.; avail­ lated materials; exemption ability of initial decision______27540 from banning______27514 (Continued on next page) 27503

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 t 27504 CONTENTS

Notices HEALTH, EDUCATION, AND WELFARE NATIONAL AERONAUTICS AND SPACE Hazardous Materials Advisory DEPARTMENT ADMINISTRATION Committee; meeting______27548 See Food and Drug Administra­ Notices Identification and control of pol­ tion; Social and Rehabilitation NASA Ad Hoc Synthesis Review lution from salt water intrusion; Service. Panel for Evaluation of Lunar availability o f report______27549 INTERIM COMPLIANCE PANEL (COAL Data Analysis and Synthesis Thompson-Hayward Chemical Co. Program; meeting______27554 et al.; denial of registrations__ 27549 MINE HEALTH AND SAFETY) Notices FEDERAL AVIATION ADMINISTRATION SECURITIES AND EXCHANGE Omar Mining Co. et al; applica­ COMMISSION Rules and Regulations tion for renewal permits; op­ Alteration of control zone------27514 portunity for hearing______27553 Rules and Regulations Mooney Model M20 Series Air­ Permission for independent pub­ planes; airworthiness directive. 27513 INTERIOR DEPARTMENT lic accountants to perform cer­ tain audit procedures; reporting FEDERAL HOME LOAN BANK BOARD See also Fish and Wildlife Service; Land Management Bureau; material inadequacies______27515 Notices Mines Bureau. Midwestern Fidelity Corp.; receipt Proposed Rules of application for permission to Notices Annual report of members, bro­ acquire control of savings asso­ Availability of environmental kers, and dealers; amendments ciation ______;______—_---- 27549 statements: to form ..:__ ^______27531 FEDERAL POWER COMMISSION Crow ceded area coal lease, Notices M o n t______27537 Notices Cumberland Gap National His­ Hearings, etc.: Hearings, etc.: torical Park, Ky., Tenn., Va_ 27537 A. M. Capital Corp______27554 Colorado Interstate Gas Co----- 27549 Continental Vending Machine Minnesota Power & Light C o... 27549 INTERSTATE COMMERCE COMMISSION C o r p ______27555 Suburban Propane Gas C o r p ... 27550 Harris, Upham Tax-exempt Notices F u n d ______27556 FEDERAL RESERVE SYSTEM Assignment of hearings__ ... ____ 27560 John Hancock Bond Fund, Inc. Notices Motor carrier board transfer pro­ and John Hancock Distribu­ Acquisition of bank: , ceedings.______27561 tors, In c______27557 American Bancorporation____ 27550 Motor carrier, broker, water car­ Koracorp Industries Inc______27558 American National Holding Co_ 27550 rier, and freight forwarder ap­ New England Mutual Life In­ Central Bancshares of the South plications __ -______27561 surance Co. et al______27558 Inc ______— ______27551 JUSTICE DEPARTMENT Royal Business Funds Corp___ 27558 First Tennessee National Corp_ 27551 Stratton Group Ltd______27559 Michigan National Corp------27552 See Drug Enforcement Adminis­ tration. Sumitomo Chemical Co. Ltd__ 27559 Northeast Bancorp Inc______27552 TelePrompTer Corp...______27559 Forest Lake Finance Co.; forma­ LABOR DEPARTMENT Westminster Bond Fund Inc. tion of bank holding company et a l______27559 and proposed retention and con­ See Wage and Hour Division. tinuation of insurance agency LAND MANAGEMENT BUREAU SOCIAL AND REHABILITATION SERVICE activities ______— 27551 Fort Worth National Corp.; order Notices Proposed Rules approving retention of banks__ 27551 Alaska; proposed withdrawal and Establishment of paternity and Standard and Chartered Banking reservation o f lands______27536 securing support for children re- .. Group, Ltd. ; order approving ac­ Baker District Advisory Board; ceiving aid to families with de­ quisition o f M ocatta Metals Inc_ 27552 meeting ______27536 pendent children______!_ 27530 FISCAL SERVICE MARITIME ADMINISTRATION TARIFF COMMISSION Rules and Regulations Rules and Regulations Payment to financial organiza­ Merchant Marine training:, ad­ Notices tions for credit to accounts of mission and training of mid- Steel wire rope from Japan; clari­ employees; revised regulations. 27521 sh ipm en ______27525 fication of determination___ __ 27560 FISH AND WILDLIFE SERVICE War risk insurance; miscellaneous am endm ents______27524 TRANSPORTATION DEPARTMENT Rules and Regulations Seamen’s service awards______27525 See Federal Aviation Administra­ Certain national wildlife refuges; Notices hunting and fishing (5 docu­ tion. m ents). . . ______27526-27528 Construction of tankers of about 400,000 DW T; com putation of TREASURY DEPARTMENT FOOD AND DRUG ADMINISTRATION foreign cost; notice of intent__ 27537 See Comptroller of the Currency; Notices Tanker construction program; re­ Customs Service; Fiscal Service. Prior sanctioned direct human visions to construction specifica­ food ingredients; availability of tions ______.yi 27537 WAGE AND HOUR DIVISION inform ation; correction______27538 Waterman Marine Corp.; applica­ tion ______27538 Rules and Regulations FOREST SERVICE .Certain agricultural labor; Notices MINES BUREAU Clarification of employment Pacific Northwest Forestry Re­ Notices s ta tu s ______27520 search Advisory Committee; Advisory Committee on Coal Mine Clarification of recordkeeping meeting ______27537 Safety and Research; meeting... 27536 requirements for employers.. 27520

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 CONTENTS 27505 List of CF R 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.

4 CFR 9 CFR 31 CFR 351...... ______27507 78~ — ------27512 209— _____ — ...... 27521 14 CFR 32 CFR 5 CFR 39______27513 883...... 27523 213 (5 documents) 27508, 27509 71______—— 27514 40 CFR 531______- ______...... 27509 16 CFR — . 180-(3 docum ents)______27523, 27524 27514 6 CFR 1500...... ——. 45 CFR 150...... ______27528 17 CFR 27515 P roposed R ules: 152—______27529 240— ------249____—______jw. 27515 235______:------27530 7 CFR P r o p o s e d R u l e s : 46 CFR 56-___ - ____- ______27509 249...... - - - 27531 308______27524 811______—————— 27509 a« prp 310— ______- ______27525 850______27510 r r ,CFR 908______— ______27511 301...... —— 27516 350...... 27525 930______------27512 29 CFR 50 CFR P r o p o s e d R u l e s : 516______27520 32 (4 documents) ------27526, 27527 729—______— ...... 27530 780...... 27520 33------27528

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973

27507 Rules and Regulations

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

Title 4— Accounts require that contracts awarded in either With respect to the potential workload CHAPTER III— COST ACCOUNTING Federal Fiscal Year 1972 or 1973 should required in compliance reviews, Govern­ STANDARDS BOARD be considered. Contractors who meet the ment agencies have always had a respon­ threshold amount in either year would be sibility for reviewing contractor account­ SUBCHAPTER E— DISCLOSURE STATEMENT required to file Disclosure Statements, ing practices and the use of those PART 351— BASIC REQUIREMENTS effective April 1, 1974. practices for Government contract cost­ Filing Requirements and Contract Awards The Board believes that the inclusion ing. The Disclosure Statement provides of the amount of subcontract awards in a benchmark which should facilitate The purpose of this publication by the the Disclosure Statement filing require­ such reviews in the future. Moreover, Cost Accounting Standards Board is to ment would be appropriate because sub­ the Board is advised that most Disclo­ modify Part 351, Basic Requirements, contracts, unless specifically exempt, are sure Statements filed under the existing of its rules and regulations. A proposed subject to the Board’s Standards, rules $30 million^threshold have been reviewed modification to Part 351 was published in and regulations. The Board recognizes, for adequacy, and compliance reviews the F e d e r a l R e g is t e r o f July 27, 1973 however, that there is a lack of records are now being made as a part of other (38 FR 20101). That proposal was a re­ relative to the nature of subcontracts routine audit work. vision of an earlier proposal published awarded during fiscal years 1972 and The need to provide manpower spaces on May 21, 1973. Thirty-three sets o f 1973. Because o f this, the Board con ­ to support Board requirements is to be comments were received in response to cluded that it is inappropriate to include expected. The advantages of the ex­ the July publication and after consider­ subcontracts in the determination of the panded disclosure requirement, however, ing those comments (discussed below), threshold amount for filing Disclosure are many. For example, another defense the Board is today publishing an amend­ Statements at this time. agency strongly endorsed the Board’s ment to its rules relative to the require­ The amendments being published proposal to reduce the threshold because ment for the submission of Disclosure today thus limit consideration to the dol­ of the useful information provided in Statements by defense contractors. . lar value of prime contracts only. The Disclosure Statements to contracting of­ The Board’s July 27 proposal required Board wishes to point out, however, that ficers and auditors. Additionally, one that, in determining who must file Dis­ future levels of the threshold amount agency previously reported to the Board closure Statements, only negotiated may call for inclusion of the dollar value that the Disclosure Statement, has be­ contracts of the type which are subject of subcontract awards in the calculation. come a valuable tool in giving the nego­ to Cost Accounting Standards were to be Contractors are hereby advised that they tiator more cost visibility while another considered. All commentators who dealt may be required to determine the dollar referred to the Statement as a significant with this matter supported the proposal. value of negotiated defense subcontract asset for use in reviewing contract pro­ The Board, therefore, in the amend­ awards subject to Cost Accounting posals. After considering the agencies’ ments being published today, specifically Standards beginning with July 1, 1973. coihments referred to above, the Board limits the contract awards to be included Contractors and subcontractors may find has concluded that a reduction in the in the computation of a contractor’s vol­ it advantageous to begin to identify mid threshold is desirable and within the ume of defense contracts in determining accumulate the value of such awards capabilities of the agencies’ staffs to re­ whether the revised filing requirement separately: view the additional statements that has been met, to those of the type sub­ A major defense agency commented would be submitted. ject to the Board’s jurisdiction. The that reduction of the threshold at this The Board’s July proposal included an Board recognizes that Standards were timg would be premature. It stated that effective date o f January 1, 1974. The not required in contracts in Fiscal Year a large number of Disclosure Statements Board has concluded that additional time 1972. In view o f this, the amendment would now be required from contractors between the publication of these amend­ refers to “negotiated national defense less likely to have sophisticated account­ ments and the effective date of the re­ prime contracts of the type which are ing systems. Consequently, greater duced threshold should be given to al­ subject to Cost Accounting Standards.” agency manpower efforts would be re­ low agencies to prepare fully to handle This filing requirement, therefore, in­ quired to review them for adequacy. Also, the additional volume of Disclosure cludes all negotiated defense prime con­ the agency expressed concern with the Statements that will be submitted. Also, tracts in excess of $100,000 except those upcoming work required for compliance additional time will further assure that where the negotiated price is based on reviews and the possibility of negotia­ contractors meeting the new threshold (1) established catalog or market prices tion of price adjustments relative to requirement can complete the Disclosure of commercial items sold in substantial Standards. Finally, it stated that a num­ Statement without interference with the quantities to the general public or (2) ber of manpower spaces have already prospective award of contracts. For these prices set by law or regulation, or con­ been provided in order to support Board reasons, the amendments being pub­ tracts which are otherwise exempt. requirements. The agency suggested that lished today require that contractors The amendment being published today a threshold reduction be deferred until meeting the threshold must submit a by the Board to reduce the dollar level after July 1,1974. Disclosure Statement in order to receive above which filing of a Disclosure State­ The Board believes that Disclosure a covered contract after April 1,1974. ment will be required excludes from the Statements from “contractors less likely Nine commentators urged the Board computation the amounts of all subcon­ to have sophisticated accounting sys­ to provide an exemption for profit cen­ tracts and those negotiated defense tems” would seem to be especially needed ters, divisions, etc., which are predom­ prime contracts not subject to Cost Ac­ by the Government in order to know inately commercially oriented and which counting Standards. In view of this ex­ more precisely how such contractors ac­ have only a small dollar volume or per­ clusion, the Board is providing that if count for their costs. Additionally, the centage of covered defense contracts. The the dollar volume of prime contract Government has gained a great deal of Board has announced that it is initiating awards to be considered exceeds $10 m il­ experience in reviewing the Disclosure a study to consider the establishment of a lion, the contractor will be required to Statements already received, which minimum dollar amount or percentage of submit a Disclosure Statement. Also, in should aid review of newly submitted covered contract effort below which con­ computing the amount, the amendments statements on an expeditious basis. tractors’ profit centers and divisions

FEDERAL REGISTER, VOL. 38, NO . 192— THURSDAY, OCTOBER 4, 1973 27508 RULES AND REGULATIONS would be exempt from Board Standards, Board’s current rules and regulations, (5) One Special Assistant to the Di­ rules and regulations, including the dis- The, new § 351.41 will be located immedi- rector. closure requirement. In any case, the^ately. after § 351.4 which will become * * * * * Board has concluded that $10 million in 351.40. (5 U.S.C. secs. 3301, 3302; E.O. 10577, 3 OFR covered contracts on a company wide The following modifications to Part 1954-58 Comp. p. 219) basis is a significant dollar volume and 351 of the Board’s regulations are being that it warrants establishment of the made today in view of the foregoing: United S tates Civil Serv­ requirement for submission of a Disclo­ A new § 351.41 is added to read as ice Commission. sure Statement. follow s: [seal] James C. Spry, Two commentators objected to the es­ Executive Assistant to tablishment of an absolute dollar amount § 351.41 Filing requirement. the Commissioners. of awards as a basis for determining the In addition to those contractors and [FR Doc.73-21135 Filed 10-3-73;8:.45 am] requirement for filing a Disclosure State­ subcontractors required to submit Dis­ ment. They suggested that a percentage closure Statements pursuant to § 351.40, of overall business would be more appro­ each company, which together with its PART 213— EXCEPTED SERVICE priate. This kind of information is not subsidiaries received net awards total­ available at the present time. In estimat­ ing more than $10 million of negotiated United States Information Agency ing the number of Disclosure Statements national defense prime contracts of the Section 213.3328 is amended to show that would be submitted at any threshold type which are subject to Cost Account­ that one position of Special Assistant amount, and relating that number of ing Standards in either Federal Fiscal to the Assistant Director (Motion Pic­ Year 1972 or 1973, must submit a com ­ statements to the agency’s capability to ture and Television Service) is excepted process them, the Board uses statistics pleted Disclosure Statement. (Note.— on contract awards maintained by de­ This § 351.41 is a separate section and under Schedule C. fense agencies. Because of this, for the does not alter the requirement of Effective October 4,1973, § 213.3328(1) present the Board has retained the re­ § 351.40 with respect to contractors and is added as set out below. - subcontractors subject to that section or quirement to compute the threshold § 213.3328 U.S. Information Agency. amount for filing a Disclosure Statement with respect to § 403.70 of the Board’s in terms of a dollar volume of contract- Standards.). * * * * * awards. The study discussed above may Section 351.50 Contract awards is (1) One Special Assistant to the As­ provide information to allow the Board modified by adding a new paragraph (c) sistant Director (Motion Picture and to consider use of a percentage of cov­ to réad as follows: Television Service). ered contracts in relation to total busi­ /§ 351.50 Contract awards. (5 T7.S.C. secs. 3301, 3302; E.O. 10577, 8 CFR ness as a factor in setting future thres­ 1954-58 Comp. p. 219) hold requirements. ♦ * * * * While not specifically related to the (c) A fter April 1, 1974, no révélant United States Civil Serv­ Board’s proposal o f July 27, 1973, the Federal agency shall award any national ice Commission, Board has received a number of oral in­ 'defense contract subject to this regula­ [ seal] James C. Spry, quiries concerning the intent of the sec- j tion to any contractor required to submit Executive Assistant to ond sentence of § 351.120(d) of the a Disclosure Statement under § 351.41 the Commissioners. Board’s regulations, which states: unless such submission has been made or [FR Doc.73-21137 Filed 10-3-73;8:45 am] Revised data for items 1.4.0 through 1.7.0, post-award submission has been author­ 8.1.0 and 8.2.0 must be submitted annually at j ized pursuant to § 331.60. the beginning of the contractor’s fiscal year. Section 351.70. Submission is modified PART 213— EXCEPTED SERVICE The Board did not intend that the I by deleting the last sentence of the sec- General Services Administration tion and inserting in lieu thereof : changes to these items should be con- v Section 213.3337 is amended to show sidered in counting the number of § 351.70 Submission. changes which would necessitate the re­ that one position of Special Assistant to submission of an entire Disclosure State­ * * * Within ten days after the prime the Deputy Administrator is expected ment. This information, which relates to contractor or subcontractor receives no­ under Schedule C. the volume of business, should be sent to’ tice that his Disclosure Statement, or Effective October 4,1973, § 213.3337(a) any amendment thereto, has been de­ the recipients of Disclosure Statements (14) is added as set out below, only on an annual basis and only if the termined to be adequate, he shall submit responses to the items in the Disclosure a copy of the Statement or amendment § 213.3337 General Services Administra­ Statement on file require a change. If on as appropriate to the Cost Accounting tion. a year-to-year basis, the sales data re­ Standards Board, 441 G Street N.W., (a) Office of the Administrator. * * * main such that the contractor would Washington, D.C. 20548. (14) One Special Assistant to the check the same box in the Disclosure Deputy Administrator. Statement, the Board’s rules and regula­ A rthur S choenhaut, tions do not require resubmission of data Executive Secretary. (5 U.S.C. secs. 3301, 3302; E.O. 10577, 3 CFR 1954-58 Comp. p. 218) concerning these particular items. [FR Doc.73-21152 Filed 10-3-73:8:45 am] The Board’s July 27 proposal included United States Civil Serv­ a requirement that contractors were to Title 5— Administrative Personnel ice Commission, submit a copy of their Disclosure State­ [ seal] James C. Spry, 1 ment to the Board only after a determi­ CHAPTER I— CIVIL SERVICE COMMISSION Executive Assistant to nation of adequacy has been made of the PART 213— EXCEPTED SERVICE the Commissioners. Statement. All commentators who dealt Environmental Protection Agency [FR Doc.73-21133 Filed 10-3-73;8:45 am] with this point supported this proposal, and it is included in the amendment be­ Section 213.3318 is amended to show ing published today. that one position of Special Assistant to PART 213— EXCEPTED SERVICE Today’s publication is numbered in the Director, Office of Public Affairs, is consonance.with the new numbering svs- excepted under Schedule C. Commission on Civil Rights tem published on (September sTl97SP as Effective October 4,1973, § 213.3318(c) Section 213.3356 is amended to show part of the proposal seFTorth TrT38 Fed­ (5) is added as set out below. that one position of Special Assistant to eral R egister 171 at page 23971 et seq. the Staff Director is excepted under Pending adoption of the September 5, § 213.3318 Environmental Protection proposal, references to §§ 331.60T,3M 4tl^~ Agency* Schedule C. 351.50, and 351.70 refer to §§ 331.6, 351.4,V * * * * * Effective Oct. 4, 1973, § 213.3356(e) is 351.5 and 351.7 respectively o f the (c) Office of Public Affairs. * * * added as set out below.

FEDERAL REGISTER, VOL. 38, NO . 192— THURSDAY, OCTOBER 4, 1973 RULES AND REGULATIONS 27509

§ 213.3356 Commission on Civil Rights. the two corresponding rates of basic pay CHAPTER VIII— AGRICULTURAL STABILI­ ZATION AND CONSERVATION SERVICE * * * * * in effect on and after such a date. (3) If an employee is receiving basic (SUGAR), DEPARTMENT OF AGRICUL­ (e) One Special Assistant to the Staff pay immediately before the effective date TURE Director (5 U.S.C. secs. 3301, 3302; E.O. of his pay adjustment at a rate in excess SUBCHAPTER B— SUGAR REQUIREMENTS AND 10577, 3 CFR 1954-58 Comp. p. 219) of the maximum rate of his grade, he QUOTAS United States Civil Serv­ shall receive his existing rate of basic [Sugar Beg. 811, Arndt. 7] ice Commission, pay increased by the amount of increase PART 811— CONTINENTAL SUGAR [ seal] James C. S pry, made by the pay adjustment under 5 REQUIREMENTS AND AREA QUOTAS Executive Assistant to U.S.C. 5305 in the maximum rate for the Commissioners. his grade. Requirements, Quotas, and Quota Deficits for 1973 [PR Doc.73-21134 Filed *10-3-73;8:45 am] (4) If an employee, immediately be­ fore the effective date of his pay adjust­ Basis and purpose and bases and con­ ment, is receiving, pursuant to section siderations. This amendment is issued PART 213— EXCEPTED SERVICE 2(b) (4) of the Federal Employees Salary pursuant to the authority vested in the Department of Housing and Urban Increase Act o f 1955, an existing aggre­ Secretary of Agriculture by the Sugar Development gate rate of pay determined under sec­ Act of 1948, as amended (61 Stat. 922, tion 208(b) of the Act of September 1, as amended; 7 U.S.C. 1101), hereinafter Section 213.3384 is amended to show 1954 (68 Stat. 1111), plus subsequent in­ referred to as the “Act”. The purpose that one position of Deputy Assistant to creases authorized by law, he shall re­ of this amendment to Sugar Regulation the Secretary for Programs for the El­ ceive a aggregate rate Of pay equal to 811, as amended, is to determine and derly and the Handicapped is expected the sum of his existing aggregate rate prorate or allocate the deficits in quotas under Schedule C. of pay on the day preceding the effective established pursuant to the Act. Effective Oct. 4,1973, § 213.3384(a) (54) date of his adjustment, plus the a m o u n t Section 204(a) of the Act provides that is added as set out below. of increase made by the pay adjustment the Secretary shall, as often as facts are § 213.3384 Department of Housing and under 5 U.S.C. 5305 in the maximum ascertainable by him but in any event not Urban Development. rate of his grade, until (i) he leaves his less frequently than each 60 days after (a) Office of the Secretary. position, or (ii) he is entitled to receive the beginning of each calendar year, de­ aggregate pay at a higher rate by reason termine whether any area or country ***** of the operation of any provision of law; will not market the quota for such area (54) One Deputy Assistant to the Sec­ but, when this position becomes vacant, or country. retary for Programs for the Elderly and the aggregate rate of pay of any subse­ On the basis of the latest information the Handicapped. quent appointee thereto shall be fixed in on sugar production and planned mar­ ***** accordance with applicable provisions of ketings by Hawaii during the balance of (5 TJ.S.C. secs. 3301, 3302; E.O. 10577. 3 CFR law. Subject to paragraph (a) (4) (i) and this year, it is herein found that Hawaii 1954-58 Comp. p. 218) (ii) of this section, the amount of the will be unable to fill its sugar quota by increase authorized by this section shall 42,000 short tons, raw value. Therefore, United States Civil Serv­ be held and considered for the purposes a deficit is herein determined in the 1973 ice Commission, of section 208(b) of the Act of Septem­ quota for Hawaii of 42,000 short tons, [seal] James C. Spry, ber 1, 1954, to constitute a part of the raw value. Executive Assistant to existing rate of pay of the employee. the Commissioners. On the basis of information which (b) Rates of basic pay authorizedrecently became available to the Depart­ [FR Doc.73-21136 Filed 10-3-73;8:45 am] under section 5303 of title 5, United ment, Peru will be able to market only States Code, paid to an employee sub­ 426,245 short tons, raw value, o f its 1973 quota and a deficit of 8,549 short tons, PART 531— PAY UNDER THE GENERAL ject to the General Schedule shall be SCHEDULE raw value, is hereby declared. The deficit adjusted in accordance with § 530.307. declared reduces the deficits previously Conversion Rules for Rates of Basic Pay (b) (1) of this chapter. prorated to Peru by 8,549 tons. Part 531 is amended to provide the (5 U.S.C. 5305; E.O. 11721, 38 FR 13717) On the basis of information recently received by the Department, Nicaragua regulations to convert rates of pay for United States Civil S erv­ employees at the time of adjustments to will be able to supply only 75,000 short ice Commission, tons, raw value, of quota sugar to the the General Schedule pay rates under [ seal] James C. Spry, 5 U.S.C. 5305. United States during 1973. Therefore, Executive Assistant to the Nicaragua will be unable to accept its Effective October 1, 1973, § 531.205 is Commissioners. amended as set out below. prorata 'share of deficits determined [FR Doc. 73-21191 Filed 10-8-73;8:45 am] and prorated herein. § 531.205 Pay conversion rules for rates The section 202 quota and deficit pro­ o f basic pay in the General Schedule Title 7— Agriculture rations assigned to Honduras and that at the time of a pay adjustment under part, of the Nicaraguan deficit proration 5 U.S.C 5305. CHAPTER I— AGRICULTURAL MARKETING it is not able to supply are prorated to SERVICE (STANDARDS, INSPECTIONS, (a) On the effective date of a pay ad­ other Central American Common MARKETING PRACTICES), DEPART­ Market countries. justment under 5 U.S.C. 5305, the rate of MENT OF AGRICULTURE basic pay of an employee subject to the The Hawaiian deficit is reallocated General Schedule shall be initially ad­ PART 56— VOLUNTARY GRADING OF by allocating 30.08 percent to the Repub­ justed, except as provided in paragraph SHELL EGGS AND U.S. STANDARDS, lic of the Philippines and the balance to (b) of this section, as follows: GRADES, AND WEIGHT CLASSES FOR Western Hemisphere countries. The def­ (1) If an employee is receiving basic SHELL EGGS icit determined for Peru represents part pay immediately before the effective date Miscellaneous Amendments of deficits previously allocated to it and of his pay adjustment at one of the rates Correction is herein reprorated to other Western of a grade in the General Schedule, he Hemisphere countries. shall receive the rate of basic pay for the In FR Doc. 73-20432 appearing at page The marketing opportunities within corresponding numerical rate of the 26797 for the issue o f September 26,1973, the basic quotas established for Hawaii make the following changes: In Table 1 grade in effect on and after such date. and Puerto Rico and within the Section of § 56.217 the heading should read 202 quotas established for foreign coun­ (2) If an employee is receiving basic “ Table 1.— Summary of U.S. Consumer tries will not be limited as a result of pay immediately before the effective date Grades for Shell Eggs.” And the last en­ deficit determinations and prorations of his pay adjustment at a rate between try for “Grade B” under the heading provided in this Part 811. two rates of a grade in the General “Quality required” should read “80 per­ It is hereby determined that deficits Schedule, he shall be paid the higher of cent B or better.” previously declared and those declared

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 N 6 .192------2 27510 RULES AND REGULATIONS herein constitute all known deficits on countries on the basis of quotas deter­ short tons, established pursuant to sec­ which data are currently ascertainable mined under section 202 of the Act. tion 202(d) of the Act. Of the quantity by the Department. * * * * * of 1,126,020 short tons established pur­ suant to section 202(b) of the Act, only The computation of the quota for the 3. Section 811.23 is amended by amend­ West Indies has been revised pursuant 59,920 short tons, raw value, may be ing paragraphs (b) and CO to read as filled by direct-consumption sugar pur­ to section 202(d) (4) of the Act to reflect follow s: a shortfall of 54,796 short tons, raw suant to section 207(d) of the Act. value in its 1972 quota entitlement. The § 811.23 Quotas for foreign countries. (c) For the calendar year 1973, the Department inadvertently excused the * * * * * prorations to individual foreign coun­ West Indies o f their 1972 quota short (b) For the calendar year 1973, thetries other than the Republic of the fall on the basis of force majuere, but quota for the Republic of the Philippines Philippines, pursuant to section 202 o f since the West Indies exported is 1,440,052 short tons, raw value, repre­ the Act, are shown in columns (1) and substantial quantities of sugar to the senting 1,126,020 short tons, established (2) of the following table. Deficits and United kingdom in 1972 a force majuere pursuant to section 202(b) of the Act, deficit prorations are shown in column finding cannot be applicable. This (3) . Total quotas and prorations are amendment reduces the 1973 quota es­ 286,253 short tons, established pursuant tablished for the West Indies under Sec­ to section 204(a) o f the Act and 27,779 shown in column (4). tion 202 o f the Act by the amount o f Temporary the shortfall and also reduces deficits quotas and Deficits and Total quotas declared for it by a like amount. The Countries Basic quotas prorations deficit and prorations pursuant to prorations adjusted 1973 quota for the West Indies Sec. 202 (d) 1 in effect prior to this action remains unchanged. (l) (?) (!) (‘ ) By virtue of the authority vested in Short tons, raw value the Secretary of Agriculture by the Act, • -V 405,584 146,484 162,878 714,946 Part 811 of this chapter is hereby Mexico...... —- 358,689 129,546 144,045 632,280 Brazil...... '____ 349,817 126,342 140,482 616,641 amended by amending §§ 811.21, 811.22, 250,322 90,408 85,515 426,245 and 811.23 as follow s: West Indies______89,650 30,464 -59,907 60,207 Ecuador...... 51,649 18,655 20,742 91,046 1. Section 811.21 is amended by Argentina______48,480 17,510 19,469 85,459. amending paragraph (a) (2) to read as Costa Rica...... - 43,727 15,793 21,779 81,299 Colombia______43,093 15,564 17,306 75,963 follows : Panama____ . ______40.875 14.762 -3,137 52,500 Nicaragua...... 40.875 14.762 19,363 75,000 § 811.21 Quotas for domestic areas. Venezuela...... —...... 38,974 14,077 -21,149 31,902 Guatemala....______37,390 13,504 18,623 69,517 (a) * * * El Salvador...... 27,250 9,842 13,574 50,666 (2) It is hereby determined, pursuant 21,547 7,781 8,653 37,981 19,645 7,096 -11,446 15,295 to section 204(a) of the Act, for the 7,605 2,746 -10,351 0 calendar year 1973, the Domestic Beet 4,119 1,488 1,654 7,261 4; 119 1,488 1,654 7,261 Sugar Area, Hawaii and Puerto Rico will 159,065 44,951 0 204,016 be unable by 49,000, 42,000, and 765,000 66,224 18,715 0 84,939 short tons, raw value, respectively, to 63,689 17,999 0 81,688 44; 994 12,715 0 57,709 fill the quotas established for such areas Fiji Islands______~ 34,855 9,850 0 44,705 in paragraph (a) (1) of this paragraph. 23,448 6,626 0 30,074 Swaziland______...... ^. 23,448 6,626 0 30,074 Pursuant to section 204(b) of the Act, Thailand______;------14,576 4,118 0 18,694 the determination of such deficits shall Malawi______-...... — 11,724 3,313 0 15,037 Malagasy R epublic...... 9,506 2,686 0 12,192 not affect the quotas established in para­ 5,351 0 0 5,351 graph (a) (1) of this paragraph. Ireland...... i . - . i . . . 2,340,290 .805,911 569,747 3,715,948 * * * * * Total.

2. Section 811.22 is amended by amend­ i Proration of the quotas withheld from Cuba, Southern Rhodesia, Bahamas, Uganda, and West Indies. ing paragraph (a) to read as follows: * * * * * SUBCHAPTER G— DETERMINATION OF PROPORTIONATE SHARES § 811.22 Proration and allocation of (Secs. 201, 202, 204, and 403; 61 Stat. 923, as [Docket No. SH—320] deficits in quotas. amended, 924, as amended, 925, as amended, (a) The total deficits determined inand 932; and 7 U.S.C. 1111, 1112, 1114 and PART 850— DOMESTIC BEET SUGAR quotas established under section 202 o f 1153) PRODUCING AREA the Act in short tons, raw value, are as Effective date. In order to promote Proportionate Shares for Farms for 1974. follows: Domestic Beet Sugar Area orderly marketing, it is essential that this Crop of Sugarbeets Not Required 49,000; Hawaii 42,000; Puerto Rico amendment be effective immediately so The following determination is issued 765,000; the West Indies 59,907; Panama pursuant to section 302 of the Sugar Act 3,137; Honduras 10,351; Venezuela 21,149 that all persons selling and purchasing sugar for consumption in the continental of 1948, as amended. and Haiti 11,446. The deficits for the do­ 1. Section 850.234 is revised to read as mestic areas, thé West Indies, Venezuela, United States can promptly plan and follow s: Haiti, and Panama totaling 951,639 tons market under the changed marketing op­ are reallocated by allocating 30.08 per­ portunities. Therefore, it is hereby deter­ § 850.234 Proportionate shares, for the cent or 286,253 tons to the Republic of 1974 crop o f sugarbeets not required. mined and found that compliance with the Philippines and by prorating the re­ It is determined for the 1974 crop of maining 665,386 tons to Western Hemi­ the notice, procedure, and effective date sugarbeets that, in the absence of pro­ sphere quota countries with quotas in requirements of 5 U.S.C. 553 is unneces­ portionate shares, the production of effect in accordance with section 204(a) sary, impracticable and contrary to the sugar from such crop will not be greater of the Act, except such prorations to the public interest and this amendment shall than the quantity needed to enable the West Indies, Panama, Venezuela, Haiti, be effective September 28, 1973. area to meet its quota for 1975, the cal­ Nicaragua and Peru are limited so that endar year during which the larger part total quotas for each country will not ex­ Signed at Washington, D.C., on Sep­ of the sugar from such crop normally ceed 60,207, 52, 500, 31,902, 15,295, 75,000, tember 28,1973. will be marketed, and provide a normal and 426,245 tons, respectively. The sec­ carryover inventory. Consequently, pro­ tion 202 quota and deficit prorations to K enneth E. Frick, portionate shares will not be in effect in Honduras plus that part of the deficit Administrator, Agricultural Sta­ the Domestic Beet Sugar Producing Area proration to Nicaragua that it will be bilization and Conservation fo r the 1974 crop. Service. unable to fill are reprorated to other (Secs. 301, 302, 403, 61 Stat. 929, 930, as Central American Common Market [PR Doc.73-21043 Filed 9-28-73;3:45 pm] amended, 932; 7 U.S.C. 1131,1132,1153)

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 RULES AND REGULATIONS 27511

S tatement op Bases and Considerations tion that acreage should be restricted tion of the total available supply of Va­ whenever the area can provide a normal lencia oranges, the quantity of Valencia Section 302 of the Sugar Act, as carryover inventory. A representative of oranges currently available for market, amended, provides, in part that the Sec­ all sugarbeet processors also recom­ the fresh market demand for Valencia retary shall determine for each crop year mended that farm proportionate shares oranges, Valencia orange prices, and the whether the production of sugar from not be established. An organization of relationship of season average returns to any crop of sugarbeets will, in the ab­ farmers submitted a brief recommending the parity price for Valencia oranges. sence of proportionate shares, be greater that shares not be considered at this than the quantity needed to enable the § 908.752 Valencia Orange Regulation tim e. 452. area to meet its quota and provide a Determination. This determination normal carryover inventory, as esti­ provides that proportionate shares will (a ) Findings. (1) Pursuant to the mar­ mated by the Secretary for such area for not be established for farms in the Do­ keting agreement, as amended, and Or­ the calendar year during which the mestic Beet Sugar Producing Area for der No. 908, as amended (7 CFR Part larger part of the sugar from such crop the 1974 crop o f sugarbeets. 908), regulating the handling of Valen­ normally would be marketed. Such de­ The effective inventory of beet sugar cia oranges grown in Arizona and desig­ termination may be made only after due on January 1, 1973, was about 2,869,000 nated part of California, effective under notice and opportunity for an informal tons. Although the 1973 crop is unre­ the applicable provisions of the Agricul­ public hearing. stricted, the estimated production from tural Marketing Agreement Act o f 1937, General. Sugarbeet acreage has not the crop suggests that the effective in­ as amended (7 U.S.C. 601-674), and upon been restricted since the 1966 crop, al­ ventory on January 1, 1974, will be lower the basis of the recommendations and in­ though restrictions on the 1970 crop were than a year earlier by 300,000 tons if this formation submitted by the Valencia Or­ established in October 1969 and then re­ year’s adjusted quota is fully marketed. ange Administrative Committee, estab­ scinded in April 1970 because of lower The effective inventory would then rep­ lished under the said amended marketing than anticipated sugar production from resent only 70 percent of the area’s 1974 agreement and order, and upon other the 1969 crop and indications that total marketing opportunities, assuming that available information, it is hereby found planting would be less than the acreage 1974 requirements are established at 11.7 that the limitation of handling of such tentatively allotted for the 1970 crop. million tons. That level would be about Valencia oranges, as hereinafter pro­ Plantings to the 1972 crop were about 424,000 tons below the bottom of the vided, will tend to effectuate the declared 1,407,215 acres even though acreage re­ range suggested as appropriate in the policy of the act. strictions were not established. Beet legislative history of the 1965 Sugar Act (2) The need for this regulation to sugar production from the 1972 crop is amendments. limit the respective quantities of Va­ estimated at 3,663,000 short tons, raw After a thorough review of the latest lencia oranges that may be marketed value, (preliminary) or about 29,000 tons information available, it is determined from District 1, District 2, and District 3 less than the marketing opportunity for that the production of sugar from the during the ensuing week stems from the calendar year 1972. Effective inventory 1974 crop o f sugarbeets, in the absence production and marketing situation con­ on January 1, 1973, was only about of proportionate shares, will not be fronting the Valencia orange industry. 152,000 tons higher than that o f a year greater than the quantity needed to en­ (i) The committee has submitted its earlier and represents about 80.8 per­ able the Domestic Beet Sugar Area to recommendation with respect to the cent of the total 1973 quota for the area, meet its quota and provide a normal quantities of Valencia oranges that as compared with 73.6 percent the pre­ carryover inventory. should be marketed during the next suc­ vious year. These percentages are well ceeding week. Such recommendation, de­ Accordingly, I hereby find and con­ signed to provide equity of marketing op­ below the range o f 82 to 90 percent sug­ clude that the foregoing determination gested as appropriate by the Senate portunity to handlers in all districts, re­ will effectuate the applicable provisions sulted from consideration of the factors Finance Committee when the Sugar Act o f the Sugar Act o f 1948, as amended^ was amended in 1965. enumerated in the order. The committee Proportionate shares were not estab­ Effective date October 4,1973. further reports that the fresh market de­ lished for the 1973 crop of beets. Plant­ Signed at Washington, D.C., on Sep­ mand for Valencia oranges continues to ings to the 1973 crop o f about 1,280,000 tember 28,1973. improve. Prices f.o.b. averaged $3.95 per acres at average yields indicates sugar carton on a sales volume o f 640 carlots production of about 3,200,000 tons. This K enneth E. F rick, during the week ended September 27, would be about 349,000 tons less than the Administrator, Agricultural Sta­ 1973, compared with $3.72 per carton on adjusted 1973 marketing quota currently bilization and Conservation sales of 576 carlots a week earlier. Track in effect for the area, Assuming the area Service. and rolling supplies at 339 cars were up will market its full adjusted quota in [FR Doc.73-21154 Filed 10-3-73:8:45 am] 40 cars from last week. 1973, the effective inventory on Janu­ (ii) Having considered the recom­ ary 1, 1974, would be reduced by an mendation and information submitted equivalent quantity^ CHAPTER IX— AGRICULTURAL MARKET­ by the committee, and other available Public hearing. At the public hearing ING SERVICE (MARKETING AGREE­ information, the Secretary finds that the held in Denver, Colo., on August 9, 1973, MENTS AND ORDERS; FRUITS, VEGE­ respective quantities of Valencia oranges views and recommendations were re­ TABLES, NUTS), DEPARTMENT OF which may be handled should be fixed as quested on the need for establishing pro­ AGRICULTURE hereinafter set forth. portionate shares fo r the 1974 crop. In [Valencia Orange Regulation 452] (3) It is hereby further found that it is impracticable and contrary to the pub­ the notice of hearing, persons proposing PART 908— VALENCIA ORANGES GROWN the establishment o f proportionate shares lic interest to give preliminary notice, en­ IN ARIZONA AND DESIGNATED PART gage in public rule-making procedure, were asked to include recommendations OF CALIFORNIA on the details of a program. and postpone the effective date of this Representatives testifying on behalf of Limitation of Handling section until 30 days after publication sugarbeet growers recommended that This regulation fixes the quantity of hereof in the F ederal R egister (5 U.S.C. California-Arizona Valencia oranges that 5é3) because the time intervening be­ proportionate shares not be established tween tiie date when information upon for the 1974 sugarbeet crop. They gener­ may be shipped to fresh market during the weekly regulation period October 5- which this section is based became avail­ ally agreed that the Department’s esti­ 11, 1973. It is issued pursuant to the Ag­ able and the time when this section must become effective in order to effectuate the mate of an effective inventory on Janu­ ricultural Marketing Agreement Act of ary 1, 1974, o f about 2,569,000 tons or 70 declared policy of the act is Insufficient, percent o f the area’s probable 1974 mar­ 1937, as amended, and Marketing Order and a reasonable time is permitted, under keting quota is a reasonable expectation. No. 908. The quantity of Valencia oranges the circumstances, for preparation for The representatives restated their posi­ so fixed was arrived at after considera- such effective time; and good cause exists

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27512 RULES AND REGULATIONS for making the provisions hereof effective Findings. (1) Pursuant to Marketing Title 9— Animals and Animal Products as hereinafter set forth. The committee Order No. 930 (7 CPR Part 930), regulat­ CHAPTER I— ANIMAL AND PLANT HEALTH held an open meeting during the current ing the handling of cherries grown in INSPECTION SERVICE, DEPARTMENT week, after giving due notice thereof, to Michigan, New York, Wisconsin, Penn­ OF AGRICULTURE consider supply and market conditions sylvania, Ohio, Virginia, West Virginia, SUBCHAPTER C— INTERSTATE TRANSPORTA­ for Valencia oranges and the need for and Maryland, effective under the appli­ TION OF ANIMALS (INCLUDING POULTRY) regulation; interested persons were af­ cable provisions of the Agricultural Mar­ AND ANIMAL PRODUCTS; EXTRAORDINARY EMERGENCY REGULATION OF INTERSTATE forded an opportunity to submit infor­ keting Agreement A ct o f 1973, as ACTIVITIES mation and views at this .meeting; the amended (7 U.S.Ç. 601-674), and upon recommendation and supporting infor­ the basis of the recommendations of the PART 78— BRUCELLOSIS mation for regulation during the period Cherry Administrative Board, established Modified Certified Brucellosis Areas specified herein were promptly submitted under the aforesaid amended marketing to the Department after such meeting order, and upon other available infor­ This amendment deletes the following was held; the provisions of this section, mation, it is hereby found that the re­ areas from the list of areas designated as including its effective time, are identical lease of reserve pool cherries, as here­ Modified Certified Brucellosis Areas in with the aforesaid recommendation of inafter provided, will tend to effectuate 9 CFR 78.13 because it has been deter­ the committee, and information concern­ the declared policy of the act. mined that such areas no longer come ing such provisions and effective time has (2) The recommendation by the within the definition of § 78.1 (i) : Benton been disseminated among handlers of Cherry Administrative Board for the re­ and Poweshiek Counties in Iowa; Henry such Valencia oranges; it is necessary, in lease of frozen cherries from the reserve and Sullivan Counties in Missouri; Hi­ order to effectuate the declared policy of pool is consistait with the supply of dalgo and Kenedy Counties in Texas. the act, to make this section effective frozen cherries available to commercial The following county was deleted from the list of Modified Certified Brucellosis during the period herein specified; and channels and prospective demand for such cherries. Areas in 9 CFR 78.13 on the specified compliance with this section will not re­ date: Seminole County in Oklahoma on quire any special preparation on the part (3) It is hereby further found that it is impractical and contrary to the public July 19,1973. Since said date, it has been of persons subject hereto which cannot interest to give preliminary notice and determined that this county again comes be completed on or before the effective engage in public rule making procedure, within the definition of §78.1(1); and date hereof. Such committee meeting was as this amendment relieves restrictions therefore, it has been redesignated as a on the handling of cherries grown in the Modified Certified Brucellosis Area. held on October 2,1973. Pursuant of § 78.16 of the regulations (to) Order. (1) The respective quanti­ production area included under Market­ ing Order No. 930. (9 CFR 78.16) issued under provisions of ties of Valencia oranges grown in Arizona Order. A new subparagraph (2) is the Act of May 29,1884, as amended; the and designated part of California which added to paragraph (a) of § 930.501 Free Act of February 2,1903, as amended; the may be handled during the period Octo­ and restricted percentages for the 1972- A ct o f March 3, 1905, as amended; and ber 5, 1973 through October 11,1973, are 73 fiscal period (37 FR 13789; 38 FR the Act of July 2,1962 (21 U.S.C. 111-113, 114a-l, 115,117,120,121,125,134b, 134f), hereby fixed as follows: 12092). As so amended said § 930.501 reads as follows: § 78.13 o f said regulations designating (1) District 1: Unlimited; Modified Certified Brucellosis Areas is (ii) District 2: 675,000 cartons; § 930.501 Free and restricted percent­ hereby revised to read as follows; ages for the 1972—73 fiscal period. (iii) District 3 r “Unlimited.” § 78.13 Modified Certified Brucellosis (2) As used in this section, “handled”, (a) The free percentage and restricted Areas. percentage applicable to all cherries ac­ “District 1”, “District 2”, “District 3”, (a) All States of the United States are and “carton” have the same meaning as quired during the fiscal period May 1, 1972, through April 30, 1973, shall be 85 hereby designated as Modified Certified when used in said amended marketing Brucellosis Areas except Iowa, Missouri, percent and 15 percent, respectively. Oklahoma, and Texas. agreement and order. (1) Seventy-five (75) percent of the (Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.C. volume of the reserve pool established (b) Each of the following States is 601-674) pursuant to § 930.54, with the aforemen­ hereby designated as a Modified Certi­ fied Brucellosis Area except for the coun­ Dated October 3,1973. tioned restricted percentage cherries, shall be offered for sale to eligible han­ ties named: Charles R. B rader, dlers by the Cherry Administrative Board (1) Iowa except Benton and Powe­ Deputy Director, Fruit and during the period starting 12:01 p.m. shiek Counties. Vegetable Division Agricul­ May 8,1973, and ending 12 noon May 18, (2) Missouri except Henry and Sulli­ tural Marketing Service. van Counties. 1973, in accordance with the conditions (3) Oklahoma except Dewey County. [PR Doc.73-21330 Filed 10-3-73; 12:19 pm] governing the sale of reserve pool cherries. (4) Texas except Hidalgo and Kenedy (2) Twenty-five (25) percent of the Counties. PART 930— CHERRIES GROWN IN MICH­ volume of the reserve pool, established (Secs. 4-7, 23 Stat. 32, as amended; secs. 1 IGAN, NEW YORK, WISCONSIN, PENN­ pursuant to § 930.54, with the aforemen­ and 2, 32 Stat. 791-792, as amended; sec. 3, SYLVANIA, OHIO, VIRGINIA, WEST VIR­ 33 Stat. 1265, as amended; sec. 2, 65 Stat. 693; GINIA, AND MARYLAND tioned restricted percentage cherries, and secs. 3 and 11, 76 Stat. 130, 132; 21 US.C. shall be offered for sale to eligible han­ 111-113, 114a-l, 115, 117, 120, 121, 125, 134b, Free and Restricted Percentages of Cherries dlers by the Cherry Administrative Board 134f; 37 PR 28464, 28477, 38 PR 19141, 9 CPR for the 1972—73 Fiscal Period dining the period starting 12:01 p.m. No­ 78.16.) vember 1, 1973, and ending 12 noon No­ This amendment releases the remain­ Effective date. The foregoing amend­ ing 25 percent of the reserve pool which vember 11, 1973, in accordance with the ment shall become effective October 4, was established under the order’s 1972 conditions governing the sale of reserve 1973. crop free and restricted percentage reg­ pool cherries. The amendment imposes certain re­ ulation. Handlers, eligible under the strictions necessary to prevent the order, will be offered such an amount (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) spread of brucellosis in cattle and re­ during the 10-day period November 1 lieves certain restrictions presently im­ through November 11, 1973. A determi­ Dated September 26, 1973. posed. It should be made effective nation as to the need for such a release Charles R . B rader, promptly in order to accomplish its pur­ was based upon all available informa­ Deputy Director, Fruit and pose in the public interest and to be of tion on market prices for frozen cherries Vegetable Division, Agricul­ maximum benefit to persons subject to and level of supplies currently available tural Marketing Service. the restrictions which are relieved. It to the market. [FR Doc.73-21163 Filed 10-3-73; 8:45 am] does not appear that public participation

FEDERAL REGISTER, V O L 33, NO . 192— THURSDAY, OCTOBER 4, 1973 RULES AND REGULATIONS 27513 in this rulemaking proceeding would which may result in binding or seizure of the Manual or other FAA approved procedure, joints and loss of flight control or collapse for removal and replacement of links. Service make additional relevant information of the landing gear, accomplish the Bulletins, Service Letters and Service In­ available to the Department. following; structions referenced in this A.D. may be Accordingly, under the administrative (a) Within 25 hours time in service after obtained from Mooney Aircraft, Louis procedure provisions of 5 U.S.C. 553, it July 10, 1972, unless already accomplished Schreiner Field, Kerrville, Texas. is found upon good cause that notice and within the last 25 hours time in service, and (c) At the next lubrication as required in other public procedure with respect to thereafter at intervals not to exceed 12 cal­ (a) and thereafter at the same interval as the amendment are impracticable, un­ endar months from the last inspection or specified in (a), perform a landing gear re­ 100 hours time in service from the last in­ traction test and check the landing gear necessary, and contrary to the public spection, whichever comes first, lubricate rigging. Information regarding rigging and interest, and good cause is found for all flight control systems and landing gear torque preload may be found in Mooney Serv­ making it effective less than 30 days after system rod end bearings with a silicone ice Bulletin No. M20—35A dated 7-11-60 for publication in the Federal R egister. spray lubricant or with an FAA approved Models M20 and M20A, Mooney Service In­ Done at Washington, D.C., this 28th equivalent lubricant. struction No. M20-32 dated 11-3—72 for other day of September 1973. (b) Within the next 50 hours time in serv­ models or later FAA approved revisions. Spe­ ice after July 10, 1972, unless already ac­ cial tools supplied by Mooney Aircraft as E. E. Saulmon, complished, instaU retracting links, P/N noted in the reference documents or FAA Deputy Administrator, Veteri­ 530003-13 (1 ea.) and 510011-13 (2 ea.) on approved equivalent tools are required for nary Services, Animal and all M20B, C, E, F, and G aircraft and on proper preload rigging. Plant Health Inspection M20D models coverted to a retractable gear, This supersedes Amendment 39-1455 Service. or equivalent parts approved by the Chief, Engineering and Manufacturing Branch, (37 FR 11462), A.D. 72-12-2 as amended [FR Doc.73-21122 Filed 10-3-73;8:45 am] Flight Standards Division, Southwest Re­ by Amendment 39-1482 (37 FR 13336). gion, FAA, Fort Worth, Texas. The new links This amendment becomes effective Title 14— Aeronautics and Space incorporate grease fittings and improved overcenter travel resulting in lower preload October 10, 1973. CHAPTER I— FEDERAL AVIATION ADMIN­ rigging. New links are not required if the (Secs. 313(a), 601 and 603, Federal Aviation ISTRATION, DEPARTMENT OF TRANS­ existing installations use -13 links which Act of 1958 (49 U.S.C. 1354(a), 1421, and PORTATION have grease fittings. (Reference Mooney Serv­ 1423) ; sec. 6(c) of the Department of Trans­ [Airworthiness Docket No. 72-SW—26; Amdt. ice BuUetin M20-155 dated 6—15—67, or later portation Act (49 U.S.C. 1655(c)).) 39-1729] FAA approved revision.) No te : For M20 and M20A models the pres­ Issued in Fort Worth, Texas on Sep­ PART 39— AIRWORTHINESS DIRECTIVES ent retract links are to be modified by the tember 21, 1973. addition of grease fittings as shown in fig­ Mooney Model M20 Series ures 1 and 2 attached. Follow procedures in H enry L. Newman, A proposal to amend Part 39 of the Mooney M20/M20A Service and Maintenance Director, Southwest Region. Federal Aviation Regulations to include an Airworthiness Directive requiring a /NSTñLL MSISaOZ-l landing gear retraction test, inspection q &e b s e F/TT/H6S Z Places of the landing gear rigging, lubrication of bearings and installation of new landing inkl £ E E . L' P b r t N o . 5 0 3 Z gear links on Mooney Model M20 Series airplanes to supersede Amendment 39- 1455, as amended by Amendment 39- (ZEE) 1482, was published in 38 FR 22042. Interested persons have been afforded an opportunity to participate in the mak­ ing of the amendment. Comments were N o V0 PeiLL .70 Pee/* received from Mooney Aircraft request­ ing a change in the reference material and additional instructions for use of the rigging tools. These comments have been incorporated into the A.D. ■1I- Another commentator suggested that .it the retraction test be required only at 12 V calendar month intervals rather than at 100 hour or 12 calendar month intervals. This suggestion has been rejected since it could require an additional check in some cases and permit excessive opera­ tion without a check in other cases. In consideration of the foregoing, and A h itQ û m u pursuant to the authority delegated to me by the Administrator (31 FR 13697), § .39.13 of Part 39 of the Federal Aviation ¡ft Regulations is amended by adding the bu. following new airworthiness directive: > — *■ N o 3 Drill .SS& DEfr»-< Mooney. Applies to Mooney Models M20, M20A, M20B, M20C, M20D, M20E, M20F, T * u * H,-28 UA/r ABTHO .ftó H .2.0D eep and M20G airplanes. TUP SB Tup Compliance required as indicated. To prevent corrosion and/or misrigging in B í l Z the flight control and landing gear systems [FR Doc.73-21021 Filed. 9-3-73;8:45 am]

FEDERAL REGISTER, V O L 38, N O . 192— THURSDAY, OCTOBER 4, 1973 27514 RULES AND REGULATIONS

[Airspace Docket No. 73-SO-63] gust 10, 1972 (37 FR 16078). (Note: In a ardous Substance Act and regulations PART 71— -DESIGNATION OF FEDERAL revision/transfer issuance published thereunder. AIRWAYS, AREA LOW ROUTES, CON­ September 27, 1973 (38 FR 27017), 21 Therefore, pursuant to provisions of TROLLED AIRSPACE, AND REPORTING CFR 191.9 was recodified as 16 CFR the Federal Hazardous Substances Act POINTS 1500.17.) (sec. 2 (f)(1 )(A ), (q ), 74 Stat. 372, 374, The portions of 21 CFR 191.9(a) (6) (i), as amended 80 Stat. 1304-05; 15 U.S.C. Alteration of Control Zone now 16 CFR 1500.17(a) (6) (i) , that be­ 1261(f)(1)(A), (q)) and the Federal The purpose of this amendment to came effective classify as a banned haz­ Food, Drug, and Cosmetic Act (sec. Part 71 of the Federal Aviation Regula­ ardous substance any paint or other 701(e), (f), (g), 52 Stat. 1055-56, as tions is to alter the Meridan, Miss. (NAS similar surface-coating material in­ amended 70 Stat. 919, 72 Stat. 948; 21 Meridan) control zone. tended, or packaged in a form suitable, U.S.C. 37i(e), (f), (g)) and under au­ The Meridian (NAS Meridian) control for use in or around the household that thority vested in the Commission by the zone is described in § 71.171 (38 FR 351). is shipped in interstate commerce be­ Consumer Product Safety Act (sec, In the description, a portion of the effec­ tween December 31, 1972, and Decem­ 30(a), 86 Stat. 1231; 15 U.S.C. 2079(a)) : tive time is shown as “ 0900 to 1900 hours, ber 31, 1973, and that contains lead It is ordered, That § 1500.17(a) (6) of 16 local time, Sunday and Federal legal holi­ compounds of which the lead content CFR (38 FR 27017) be amended by add­ days.” Effective October 15, 1973, the ef­ (calculated as the metal) is in excess of ing thereto a new subdivision (i) (D ), as fective time on these days will be “ 1,200 0.5 percent of the total weight of the follow s: to 2,200 hours, local time, Sunday and contained solids or dried paint film. Federal legal holidays.” It is necessary to The proposed exemption notice of § 1500.17 Banned hazardous substances* alter, the description to reflect this January 4, 1973, contained a provision (а) * * * change. Since this amendment is minor suspending application of the effective (б) (i) * * * in nature, notice and public procedure portions of 21 CFR 191.9(a) (6) (i), now (D) The provisions of paragraph (a) hereon are unnecessary. 16 CFR 1500.17(a) (6) (i), to artists’ (6) (i) of this section do not apply to ar­ In consideration of the foregoing, paints and related materials pending tists’ paints and related materials. Part 71 of the Federal Aviation Regula­ promulgation of an order acting on the ♦ ♦ * * * tions is amended, effective 0901 G.m.t., proposal. Any person who will be adversely af­ October 15,1973, as hereinafter set forth. The subject proposal was issued by the fected by the foregoing order may, on or In § 71.171 (38 FR 351), the Meridian, Food and Drug Administration pursuant before November 5, 1973, file with the Miss. (NAS Meridian) control zone is to provisions of the Federal Hazardous Secretary, Consumer Product Safety amended as follows: Substances Act and under authority Commission, W ashington, D.C. 20207, “ * * * 0900 to 1900 hours, local time, delegated to FDA by the Department of written objections thereto. Objections Sunday and Federal legal holidays * * *” Health, Education, and Welfare. The shall show wherein the person filing will is deleted and “ * * * 1,200 to 2,200 hours, proposal, however, is being acted on by be adversely affected by the order and local time, Sunday and Federal legal holi­ the Consumer Product Safety Commis­ specify with particularity the provisions days * * *” is substituted therefor. sion because effective May 14, 1973, sec­ of the order deemed objectionable and tion 30(a) of the Consumer Product This amendment is made under the au­ the grounds for the objections. If a hear­ Safety Act (Public Law 92-573, 86 Stat. ing is requested, the objections must state thority of Sec. 307(a) of the Federal 1231; 15 U.S.C. 2079(a)) transferred Aviation Act of 1958 (49 U.S.C. 1348(a)) the issues for the hearing, and such ob­ functions under the Federal Hazardous jections must be supported by grounds and of Sec. 6(c) of the Department of Substances Act from the Secretary of Transportation Act (49 U.S.C. 1655(c)). legally sufficient to justify the relief Health, Education, and Welfare to the sought. Objections may be accompanied Issued in East Point, Ga., on Septem­ Consumer Product Safety Commission. by a memorandum or brief in support ber 25,1973. In -response to the proposal of Jan­ thereof. All documents shall be filed in Phillip M. Swatek, uary 4, 1973, 26 comments favoring the sextuplícate. Received objections may be Director, Southern Region. subject exemption were received from seen in the Office of the Secretary, sev­ [PR Doc.73-21132 Piled 10-3-73;8:45 am] individual artists (amateur and profes­ enth floor, Air Rights Building, 7315 W is­ sional), associations of artists (amateur consin Avenue, Bethesda, Md., during Title 16— Commercial Practices and professional), art educators, inter­ working hours, Monday through Friday. ested persons, and manufacturers, dis­ Effective date. This order shall become CHAPTER II— CONSUMER PRODUCT tributors, and retailers of artists’ SAFETY COMMISSION effective on December 3,1973, except as to supplies. No adverse comments were any provisions that may be stayed by the SUBCHAPTER C— FEDERAL HAZARDOUS received. SUBSTANCES ACT REGULATIONS filing of proper objections. Notice of the H ie principal supportive arguments in filing of objections or lack thereof will be PART 1500— HAZARDOUS SUBSTANCES the responses are as follows: given by publication in the F ederal R eg­ AND ARTICLES; ADMINISTRATION AND 1. The use of lead carbonate* (also ister. ENFORCEMENT REGULATIONS known as white lead, flake white, erem- The suspension of application of effec­ Lead-Containing Artists’ Paints and Related nitz white, and silver white) is essential tive portions of 21 CFR 191.9(a) (6) (i>, Materials; Exemption From Banning for certain techniques used by artists now 16 CFR 1500.17(a) (6) (i), to artists’ who work in the oil paint medium, and In the matter of exempting lead- paints and related materials, announced no substitute is available for such lead in the proposal o f January 4, 1973, and containing artists’ paints and related carbonate. materials from classification under 16 2. Because of the relatively high cost mentioned in the preamble of this docu­ CFR 1500.17(a) (6) (i) as banned haz­ of artists’ paints, these materials are un­ ment, shall continue pending confirma­ ardous substances: likely to be used as household paints. tion of the effective date of this order. 3. Artists’ paints and related mate­ In the F ederal R egister o f January 4, (Sec. 2 (f)(1 )(A ), (q), 74 Stat. 372, 374, as rials are not likely to be ingested by chil­ amended 80 Stat. 1304-05, 15 UJ3.C. 1261(f) 1973 (38 FR 799), the Food and Drug dren after the paints have been applied (1) (A ), (q); sec. 701(e), (f), (g), 52 Stat. Administration, for reasons given, issued to canvas or other artwork surfaces. 1055-56, as amended 70 Stat. 919, 72 Stat. 948, a proposal in the above-identified mat­ The comments and other relevant 21 XJ.S.C. 371(e), (f), (g); sec. 30(a), 86 Stat. 1231, 15 VJS.C 2079(a)) ter. The banning regulation involved, material having been considered, the § 191.9(a) (6) (i), was promulgated. Commission concludes that the proposed Dated September 28, 1973. March 11,1972 (37 FR 5231), and, except exemption should be adopted; however, Sad ye E. D unn, for subdivision (i) (a) thereof, was con­ artists’ paints and related materials Secretary, Consumer Product firmed as having become effective shall continue to be subject to all other Safety Commission. April 25,1972, by an order published Au- applicable provisions of the Federal Haz­ [PR Doc.73-21083 Filed 10-3-73;8:45 am]

FEDERAI REGISTER, VOL. 38, NO . 192— THURSDAY, OCTOBER 4, 1973 RULES AND REGULATIONS 27515

Title 17— Commodity and Securities prise basis, where appropriate, nor would well as money differences reported in Exchanges the amendment limit the accountant in response to confirmation requests. In the scope of his. preliminary procedures addition, the member, broker or dealer CHAPTER II— SECURITIES AND would be required to report data on aged EXCHANGE COMMISSION or preclude the accountant from per­ forming those procedures again at the fails, transfers and stock dividends. The [Release No. 34-10398] audit date where in his judgment it is statistical data submitted by the re­ PART 240— GENERAL RULES AND REGU­ necessary to do so. The amendment spondent on Part m would be required LATIONS, SECURITIES EXCHANGE ACT would require the independent public to be signed by him. OF 1934 accountant if he performed any of the M aterial Inadequacies audit procedures prescribed in Items 2, PART 249— FORMS, SECURITIES AND The Audit Requrements of Form X - EXCHANGE ACT OF 1934 3, 4, or 6(c)-(g), excluding Item 6(e) (v) of the Audit Requirements, to perform 17A-5 as well as the proposed amend­ Permission for Independent Public Account­ all such procedures as of the same date. ments to the Form provide that the inde­ ants To Perform Certain Audit Proce­ Those procedures which would be re­ pendent public accountant shall, based dures; Reporting of Material Inadequa­ quired to be performed as of the same upon his audit, comment upon any mate­ cies date would include the securities count rial inadequacies found to exist in: (a) The Securities and Exchange Com­ and comparison of that count with the The accounting system, (b) the internal mission today announced the adoption underlying books and records; verifica­ accounting control, (c) the procedures of amendments to Rule 17a-5 and Form tion of those items in transfer or transit; for safeguarding securities, and (d) the X-17A-5 thereunder to permit independ­ balancing of all positions in securities, practices and procedures employed in ent public accountants to perform audit spot and future commodities; and, con­ complying with Rule 17a-13 and in the procedures prior to the audit of the fi­ firming in writing customer accounts resolution of securities differences. nancial statements of brokers or dealers. (including both money balances and se­ The Commission has received in­ In announcing the adoption of these curities positions), accounts with broker- quiries as to what constitutes a material amendments, the Commission has also dealers or others and details of fails, se­ inadequacy reportable under the above clarified in this release the responsibil­ curities borrowed or loaned; and, bank audit requirements. The determination ities of accountants with respect to the loans. It should be noted, however, the of what constitutes a material inadquacy reporting of material Inadequacies dis­ scope of the overall audit procedures of necessity involves the application of closed pursuant to his audit. would not be changed from the present judgment to specific factual circum­ On July 25, 1973 in Securities Ex­ requirements. stances and therefore the term is not change Act Release No. 10297, 38 FR The proposal has been revised to re­ subject to any all-encompassing or self- 20904 the Commission proposed to quire that if the independent public ac­ limiting definition. In an effort to pro­ amend Rule 17a-5 and Form 17A-5 to countant chooses to perform the proce­ vide some guidance to both the securities permit the independent accountant dures set forth above preliminary to the industry and the independent public ac­ greater flexibility in conducting his an­ audit date those procedures shall be per­ countants who serve that industry, the nual audit of a broker or dealer. A num­ formed not more than 190 days prior to Commission is setting forth its views in ber of broker-dealers, who because they the financial statement date. This change this regard. are public companies, are required to is intended to give the accountant greater A material inadequacy in the controls file reports annually on Form 10K under flexibility in performing preliminary pro­ referred to above which is expected to the Securities Exchange A ct o f 1934 as cedures when in his judgment such flexi­ be reported includes any condition which well as Form X-17A-5 with the Commis­ bility is desirable but would preclude has. contributed substantially to or If sion would therefore undergo two audits preliminary work performed at a date appropriate corrective action is not annually. The Commission has adopted too near the prior year audit. taken, could reasonably be expected to these amendments to Rule 17a-5, Form Form X-17A-5 is amended to require (a) inhibit a broker or dealer from X-17A-5, and the Audit Requirements the member, broker or dealer to file 45 promptly completing securities transac­ thereof under the Securities Exchange days after the date of the preliminary tions or promptly discharging his re­ Act of 1934 to eliminate duplicate costs work Part in of Form X-17A-5 contain­ sponsibilities to customers, other broker- and reporting, and which we believe will ing a report signed by the independent dealers or creditors; (b) result in mate­ lead to more effective audits and more public accountant which; (1) describes rial financial loss; (c) result in material uniform reporting of financial data by the scope of the examination; (2) states misstatements of the broker or dealer’s brokers and dealers. that the statistical information required financial statements; or (d) result in vio­ The Commission has carefully consid­ to be reported is fairly presented; (3) lations of the Commission’s recordkeep­ ered the comments received and a sum­ comments upon any material inadequa­ ing or financial responsibility rules or mary of the amendments follow. cies found to exist in the accounting sys­ rules which the accountant is specifi­ cally required to review pursuant to Summary of the Amendments tem, the internal accounting control and procedures for safeguarding securities; Rule 17a-5 and Form X-17A-5 there­ The proposed amendment to Rule and (4) indicates any corrective action under. 17a-5 would require the member, broker taken or proposed. The accountant’s re­ In this regard, it is the Commission’s or dealer to notify the Regional Office of port and any report of material inade­ view that both the public interest and the Commission for the region in which quacies as well as Part III shall be the broker-dealer community are not the firm has its principal place of busi­ confidential.1 properly served if weaknesses are con­ ness any time that preliminary audit Part m requires the respondent mem­ sidered material only after such inade­ work which requires the filing of Part ber, broker or dealer to report securities quacies have resulted in substantial III of Form X-17A-5 is commenced and differences both with and without related financial loss. Accordingly, it is incum­ that forty-five (45) days thereafter the money differences, commodity differ­ bent upon the independent public ac­ broker or dealer shall file the Answers to ences, unreconciled items reflecting dif­ countant to report those inadequacies Part III of Form X-17A-5 with the ap­ ferences between money balances on which in the exercise of his professional propriate regional office as required by requests for confirmations, including judgment could reasonably be expected subparagraph (a) (2) of Rule 17a-5. customers’ statements, and the appro­ to result in a substantial adverse impact The proposal amends the audit re­ priate general ledger control accounts as if appropriate corrective action is not quirements of Form X-17A-5 to permit promptly taken, irrespective of the finan­ the independent public accountant, at cial condition of the broker-dealer. 1 The Commission has examined the ques­ The text of the amendments to Rule his option, to perform preliminary audit tion of whether reports submitted on Part procedures with respect to his audit en­ III of Form X-17A-5 should be treated as 17a-5 and Form X-17A-5 follows: gagement. The amendment would not confidential and the Commission is satisfied Paragraph (a) (2) of § 240.17a-5 is preclude the independent public account­ that it may and should treat such reports as amended by adding a new subdivision ant from performing an audit on a sur­ confidential. (iv) to read as follows:

FEDERAL REGISTER, VOL. 38; N O . 192— THURSDAY, OCTOBER 4, 1973 27516 RULES AND REGULATIONS

§ 240.17a—5 Reports to bte made by cer­ notes receivable related to subordinated bor­ describes the scope of the examination, (2) tain exchange members, brokers and rowings. As of the audit date confirmation of states the accountants opinion that Part dealers. both money balances and securities positions III presents fairly the statistical information shall be obtained). required to be reported and (3) comments (а ) * * * *' ; * # * * upon any material inadequacies found to (2) * *-'* (iv) the member, broker or exist based upon the scope of his prelimi­ dealer shall on the date on which a Form X-17A-5 shall be amended by nary examination in (A) the accounting preliminary audit examination com­ adding after Part II a new Part HE which system, (B) the internal accounting control, mences, if the preliminary audit proce­ shall be entitled Answers to Part m of (C) procedures for safeguarding securities, dures performed requires a report on Form X-17A-5 and shall read as follows: and (D) indicating any corrective action Part m of Form X-17A-5, notify in A nswers to Part H I op F orm X -17A -5 taken or proposed. writing the Regional Office of the Com­ (a) The member, broker or dealer shall (b) The following questions shall be mission for the region in which the mem­ submit an accountants report which (1) answered by the respondent. ber, broker or dealer has its principal place of business that such preliminary, Note 1 Note 1 audit examination has commenced and Number Money balances Market value of items " ...... - ■ ■ ...... - shall file as required by this paragraph Debit Credit Long Short (a) (2), not later than 45 days there­ after, a duplicate original of Part HE of 1. Securities (Note 2): (a) Securities differences without differences in related Form X-17A-5, signed by a office, part­ money balances: (i) Long. ner or principal, with such Regional Of­ (ii) Short. fice which shall be deemed confidential. (b) Securities differences with differences in related money balances: * * * * * (i) Long value and related money balances. (ii) Short value and related money balances. The Audit Requirements of Form X - 2. Commodities (Notes 2 and 3): 17A-5 are hereby amended by inserting a (a) Number and amount of unresolved reconciling money items: new paragraph after the first full para­ (i) Debit. (ii) Credit. graph and making a conforming amend­ (b) Number and market value of unresolved future con­ ment to the paragraph following the tract differences after comparison and.balancing with proprietary and customers’ positions:' newly inserted paragraph of those (i) Long. ' ■ x (ii) Short. requirements as .follows: 3. Money Balances: The audit shall be made in accordance (a) Unreconciled items reflecting differences between the appropriate general ledger control accounts and with generally accepted auditing standards money balances on requests for confirmations, and shall include a review of the accounting including customers’ statements: system, the internal accounting control and (i) Debit. procedures for safeguarding securities in­ (ii) Credit. (b) Number and amount of money differences reported cluding appropriate tests thereof for the pe­ in response to confirmation requests: riod since the prior examination date. It shall (i) Debit. include all procedures necessary under the (ii) Credit. circumstances to substantiate the assets and 4. Aged item as of the date of the fail confirmations: liabilities and securities and commodities (a) Number of items, ledger debit balances and long secu- positions as of the date of the response to - rity valuations of fails to deliver: the financial questionnaire and to permit the (i) 40 to 49 days old. (ii) 50 to 59 days old. expression of an opinion by the independent (iii) 60 days or more. public accountant as to the financial condi­ (b) Number of items, ledger credit balances and short tion of the respondent at that date. Based security valuation of falls to receive over 30 days old. upon such audit, the accountant shall com­ (c) Number of items and market value of transfer positions over 40 days old which had not been confimfed in ment upon any material inadequacies found writing within such 40 day period b y the transfer to exist in: (a) The accounting system; (b) agent. the internal accounting control; (c) proce­ (d) Number of items and market value of stock divi­ dures for safeguarding ‘ securities; (d) the dends and similar distributions receivable outstand­ practices and procedures employed in com­ ing more than 30 days after payable date. plying with Rule 17a-13 and in the resolution of securities differences; and (e) shall indi­ N otes cate any corrective action taken or proposed. (1) The terms long and short as used in reporting securities and commodity differences shall reflect the differences The independent public accountant may on the securities or commodities records of the respondent. The terms debit and credit as used in reporting money perform audit procedures at any time which differences shall reflect potential losses to the respondent or liabilities of the respondent unknown parties, respectively. he may deem appropriate; however, if the (2) The amounts reported under securities, commodities and money balances shall be those items which have not been satisfactorily differences shall include, but not necessarily be limited to, the following: procedures prescribed in Items 2, 3, 4 and (a) Securities count differences; 6(c)-(g), excluding Item 6(e) (v), are per­ (b) Differences between the positions reflected in the requests for confirmation, including customers accounts, formed at a date other than the audit date, and the securities record; _ - then all such aforementioned procedures (c) Differences reported in responses to requests for confirmation, except that immaterial differences reported in responses to confirmation of customers’ accounts may be excluded; shall be performed as of the same date, which (d) Differences between securities positions as reflected in the trading and investment accounts of the respondent shall not be more than 190 days prior to the dud the securities record* financial statement date. (e) Any securities positions which were reflected on the securities record at the preliminary examination date which were not susceptible to either count or confirmation (but shall not include dividends payable). The scope of the audit shall include the (3) Differences reported under commodities shall include commodities cleared on an exchange and commodities following procedures, but nothing herein cleared through another member, broker or dealer. shall be construed as limiting the audit or (Secs. 17(a), 23(a), 48 Stat. 897,901, secs. 4, permitting the omission of any additional Title 21— Food and Drugs audit procedures which an independent ac­ 8, 49 Stat. 1379, sec. 15, 52 Stat. 1076 sec. 10, countant would deem necessary under the 48 Stat. 580t_15 U.S.C. 78s(a), 78w(a)) CHAPTER II— DRUG ENFORCEMENT AD­ circumstances. As part of his audit the inde­ Statutory Basis. These amendments MINISTRATION, DEPARTMENT OF JUS­ pendent public accountant shall: are hereby adopted under the Securities TICE id * * * * Exchange Act of 1934, particularly sec­ PART 1301— REGISTRATION OF MANU­ Item 6(g) of the audit requirements is tions 15(c)(3), 17(a), 10(b), and 23(a) FACTURERS, DISTRIBUTORS, AND hereby amended to read as follows: thereof and are effective immediately. DISPENSERS OF CONTROLLED SUB­ STANCES (б) (g) Borrowings and accounts covered By the Commission. by “satisfactory subordination agreements” Methaqualone and Its Salts (The procedure to be performed at the pre­ [ s e a l ] G e o r g e A. F i t z s i m m o n s , A notice dated April 6, 1973, and pub­ liminary audit date may be limited to obtain­ Secretary. lished in the F e d e r a l R e g is t e r on ing written confirmation of borrowings of S e p t e m b e r 20, 1973. securities covered by subordination agree­ April 11,1973 (38 FR 9170), as amended ments and securities held as collateral to [FR Doc.73-21114 Filed 10-3-73;8:45 am] on April 17, 1973, and published on FEDERAL REGISTER, VOL. 38, NO. 192— -THURSDAY, OCTOBER 4, 1973 RULES AND REGULATIONS 27517

April 23, 1973 (38 PR 10010), proposed sentially that the Bureau had failed to chronic movements of the body and a variety placement of methaqualone and its salts meet one of the statutory prerequisites to of other symptoms (Fort 55). the listing of the drug under Schedule II be­ 6. The standard drug in the sedative hyp­ in Schedule II of the Comprehensive cause of a failure to show that abuse of the notic class are the barbiturates (Fort 56). Drug Abuse Prevention and Control Act drug “may lead to severe psychological or In the strict sense, methaqualone is a non­ of 1970 (Public Law 91-513). All inter­ physical dependence” (ALJ Exhibit 7). barbiturate hypnotic (Brown 210). Neverthe­ ested persons were given thirty days Subsequent to Rorer’s request for a hear­ less, there is a substantial element of re­ after publication to submit their objec­ ing, prehearing conferences were held on semblance between methaqualone and the tions, comments, or requests for hearing. June 15 and June 29, 1973. The evidentiary barbiturate hypnotics in terms of the chemi­ On May 14, 1973, Covington and hearings were held on July 17 and 18 and cal and pharmacological properties of this Burling, Counsel for William H. Rorer, August 1 and 2, 1973. The record was closed drug (Brown 210). As far as methaqualone’s on the last day of hearings and proposed pharmacology and biochemistry is concerned, Inc. (Rorer), a principal manufacturer findings and replies were filed by the parties it is almost indistinguishable from the short­ and distributor of methaqualone under on August 31 and September 14,1973. acting barbiturates (Brown 218, 227) .* the trade name Quaalude, requested a Rorer does not contest the Drug Enforce­ The accepted medical use for the barbitu­ hearing concerning the proposed place­ ment Administration’s findings that metha­ rate drugs is to relieve tension, anxiety, ment of the drug methaqualone in qualone and its salts: stress or to induce sleep. Another common Schedule II. 1. Have a high potential for abuse; and use is as an adjunct in the treatment of cer­ Subsequent to Rorer’s request for a 2. Have a currently accepted medical use tain forms of epilepsy and as a preanesthetic hearing, prehearing conferences were in treatment in the United States. medication (Fort 57). The sole issue to be decided is whether Methaqualone, like the barbiturates, is held on June 15 and June 29, 1973. The the abuse of methaqualone “may lead to medically prescribed for sedation or for the evidentiary hearings were held on July 17 severe psychological or physical dependence.” induction of sleep. It is also used nonmedi- and 18 and August 1 and 2, 1973. The This matter is now before the undersigned cally for the same reasons as other sedative record was closed on the last day of for final consideration of DEA’s notice of hypnotics, viz., a user would use it in terms hearings and proposed findings and re­ proposed rulemaking, Rorer’s comments and of turning on, feeling good, getting high, plies'were filed by the parties on Au­ requests for hearing, the evidence, the pro­ escaping, or relaxing (Fort 64-65). gust 31 and September 14,1973. posed findings of fact, conclusions and briefs Methaqualone would be closest to the As a result of those hearing, Admin­ filed by counsel for the Government and for short-acting barbiturates such as pentobar­ Rorer. Consideration has been given to the bital and secobarbital. By short-acting, it is istrative Law Judge Theodor P. von proposed findings of fact, conclusions and meant that the drug has a quick onset of Brand, submitted the following Recom­ briefs filed by the parties and all proposed action somewhere between two and six hours mended Decision which has been re­ findings of fact and conclusions not herein (Fort 67). viewed and adopted without modification specifically found or concluded are rejected; 7. The therapeutic dose of methaqualone by the Acting Administrator, Drug En­ the undersigned, having considered the en­ for sedation would be 75 to 150 milligrams. forcement Administration. tire record herein, makes the following rec­ There is an increasing practice of using the ommended findings of fact and conclusions larger tablet, namely, 150 milligrams al­ Before the United States Department of drawn therefrom: \ though 75 milligrams was previously indi­ Justice, Drug Enforcement Administration. cated as satisfactory. A therapeutic dose for In the matter of scheduling of Methaqr R ecommended F indings of Fact hypnosis, namely, sleep induction, would be ualone and its salts (Docket No. 73-11). 1. Methaqualone is a depressant drug of 300 milligrams. The drug is also manufac­ R ecommended D ecision the sedative hypnotic group (Fort 54). tured in tablets of 400 milligrams and 500 2. A drug is any biologically active sub­ milligrams (Fort 68). Theodor P. von Brand, Administrative Law stance that alters the physiology or chemis­ 8: Use of a drug means that the person has Judge; Robert J. Rosthal, Esq., Harold D. try of the body whether used in the treat­ consumed it. Abuse of a drug means that Murry, Jr., Esq., and Richard Ona'Lebovitz, ment of illness or used for non-medical social part of drug use where heavy use measure- Esq., Counsel for the Drug Enforcement purposes (Fort 53). ably impairs health, and/or social or voca­ Administration; Covington and Burling, 3. The psychoactive or mind-altering cate­ tional function. For example, drug abuse Washington, D7C., by Eugene I. Lambert, Esq., gory of drugs comprises those drugs whose may impair the body organs such as the liver, and Christopher M. Little, Esq.; Thomas E. primary effect is on the mind or conscious­ impair faculties while driving, or lead to Quay, Esq., Fort Washington, Pennsylvania, ness of the individual (Fort 53). interpersonal conflict associated with heavy Counsel for William H. Rorer, Inc. 4. The central nervous system depressants use of the drug (Fort 69-70). Prelim inary Statement are drugs that relieve anxiety (sedatives) or 9. Physical dependence means addiction induce sleep (hypnotics) (Rorer Exhibit 2, and includes the elements of tolerance and This is a rulemaking proceeding pursuant p. 10). withdrawal illness or abstinence syndrome to the provisions of the Controlled Substances The depressant drugs are one of the major (Fort 70, 11, 74). Act, Public Law 91—513 (1970), 21 U.S.C. subtypes of the psychoactive or mind-alter­ 10. Tolerance is an adaptive process by Section 801 et seq. By notice dated April 6, ing drugs. They decrease or dampen the elec­ the body’s cells or the body as a whole to 1973, as amended on April 17, 1973,1 the D i­ trical and chemical activity of the brain be­ an alien compound such as a drug. It is rector of the then Bureau of Narcotics and ginning with the frontal areas and then with measurable by pharmacological or bio­ Dangerous Drugs (BNDD) 2 found that meth­ progressive dosages, spread to involve the chemical tests (Brown 237). aqualone and its salts: lower centers of the brain on to and includ­ The practical consequence of tolerance is 1. Have a high potential for abuse; ing control of respiration and heart action that an individual must take increasing 2. Have a currently accepted medical use (Fort 53-54). amounts of a particular substance to dbtain in treatment in the United States; and The depressant drugs are comprised of the the same effect (Matthew 253). 3. May, when abused, lead to severe physi­ sedative hypnotic group which includes the Tolerance is part of the withdrawal syn­ cal and psychological dependence. barbiturates, methaqualone, and a variety drome since it is highly probable that an in­ On the basis of those findings, the Direc­ of other drugs. The narcotics such as heroin, dividual who has become tolerant to a drug tor proposed an amendment of 21 CFR morphine, codeine, and methadone are also will exhibit the withdrawal or abstinence 1308.12, by listing the drug methaqualone syndrome when the drug is stopped (Matthew included among the depressant drugs (Fort 253-54, Fort 74). In the case of the sedative in Schedule II pursuant to the provisions of 54). the Act. hypnotics, tolerance and the withdrawal syn­ 5. The sedative hypnotic drugs which work drome always go together (Matthew 254). On May 14, 1973, William H. Rorer, Inc. on the central nervous system, tend to pro­ 11. The abstinence syndrome is evidenced (Rorer) 3 requested a hearing concerning the duce drowsiness, diminish alertness and de­ by symptoms such as restlessness, agitation, proposed amendment of the list of drugs con­ crease inhibitions. They impair muscular co­ a fast pulse, and frequently, sweating. This tained in Schedule II of the Bureau’s regu­ ordination and to some extent vision, as well may progress through various stages to toxic lations (ALJ Exhibit 4). In its comments on as judgment, reasoning, and memory. These psychosis and epileptic fits (Matthew 257). the Bureau’s proposal, Rorer contended es- results vary with the dosage consumed (Fort • Toxic psychosis is characterized by hal­ 54-55). lucinations and delusions similar to delirium *38 FR 9170 (1973), 38 FR 10010 (1973). The short-term effect of a large dose of a tremens from alcohol withdrawal (Matthew 2 BNDD is one of the predecessor agencies depressant drug or of a sedative hypnotic 257). of the present Drug Enforcement Administra­ drug may progress into stupor and coma. tion (DEA). If the dose is sufficient in a concentrated 3 Rorer is a principal manufacturer and time period, it may lead to death with the * The opinion of Dr. Brown, who is a clini­ distributor of methaqualone under the brand terminal stages of the individual’s comatose cal biochemist, is entitled to particular name Quaalude (ALJ Exhibit 4). state sometimes involving convulsions or weight on this point.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 No. 192- 27518 RULES AND REGULATIONS

12. Severity of physical dependence is tion of the entire clinical course of with­ ord. In this connection, the Government con­ measured primarily in terms of the duration drawal. Correct medical procedure and ethical tends that the term should be equated with and danger of the withdrawal symptoms considerations require that treatment be meaning “might lead tp” or “could lead to” exhibited (Wieland 438). instituted to prevent the dangerous or life- severe psychological or physical dependence. 13. The barbiturate-alcohol type depend­ threatening symptoms of the later stages There is no precedent affording guidance ence is the severest kind of physical or psy­ of withdrawal (Fort 88, Matthew 258, Deutsch on this subject. The Act does not define the chological dependence occurring with the 481). term “may lead” nor does the legislative his­ mind-altering drugs (Port 100-01, Deutsch 18. The abuse of methaqualone may lead tory in the form of the Senate and House re­ 473-74). In the case of sedative-hypnotic de­ to severe physical dependence (Findings 9 ports give specific guidance on this issue. It pendence, there is central nervous system to 17, supra). is evident, however, from the text of the involvement and withdrawal will precipitate 19. “ * * * In general, a person is con­ statute that the scheduling of drugs there­ serious syndromes such as convulsions, de­ sidered as psychologically dependent upon under is intended to be a prophylactic meas­ lirium and organic psychoses which can be drugs when the physical sensation or psycho­ ure before a drug becomes a public health life threatening (Deutsch 473). logical state brought about through the use problem in the form of addiction, i.e., severe of the drug is of such a nature that he de­ physical or psychological dependence. This is While withdrawal may be fatal in the case sires the repetition of the sensation or state, clear from the plain meaning of the word of the sedative hypnotic drugs, this does not and feels more or less psychological disturb­ “may” which requires that the Government occur in the case of narcotics (Fort 79). ance or distress during periods of abstinence demonstrate that the drug has this potential. 14. A clinical study on 116 patients poisoned from the drug.’r “ Comprehensive Drug Abuse Moreover, the statute in this respect does not with methaqualone correlating blood levels Prevention and Control Act of 1970“ (H. Rep. impose a quantitative standard. The dispute of the drug with degree of consciousness, ob­ No. 91—1444 (Part 1) 91st Cong. 2nd Sess. between the Government and Rorer as to the jectively demonstrated the development of 1970 at 7; See also Fort 106 and Deutsch adequacy of the proof and the weight to be tolerance in the case of methaqualone with 477-78). attributed to certain of the testimony should respect to 42 individuals (Brown 219-20, Dr. Deutsch, who treated seven abusers of be evaluated in the light of those considera­ Matthew 256-57; Government Exhibit 20). methaqualone, testified that if treatment tions. Tolerance to methaqualone on the part of had not interrupted the withdrawal syn­ The proposed findings and supporting ar­ seven patients was established by the admin­ drome, these individuals would have been gument principally raise the question of how istration of a sodium pentobarbital6 toler­ expected to develop the abstinence syndrome much weight should be accorded to the ex­ ance tests. Such patients were also given with a significant chance of going on to the pert testimony where there is a conflict be­ pentobarbital for the purpose of treatment, major withdrawal symptoms such as con­ tween the witnesses or with other items of the average patient requiring more than 200 vulsions and toxic psychosis, which are life evidence. An administrative agency, how­ milligrams of pentobarbital, indicating a threatening (Deutsch 484, 473). ever, is not precluded by conflicts in the rather marked dependence on this type of 20. Physical and psychological dependence evidence from passing on the weight to be drug (Deutsch 482). Detoxification of such overlap (Port 108). Nevertheless, a person accorded to the testimony and other por­ individuals with gradually reduced doses of may have severe psychological dependence in tions of the evidentiary record and making pentobarbital took approximately three the case of a particular drug without being findings thereon. See Korber Hats Inc. v. weeks (482-83). physically dependent on it, and it is possible FTC, 3 li F.2d 358, 362 (1st Cir. 1962); Carter 15. Proof that individuals may become to be severely psychologically dependent on Products Inc. v. FTC, 268 F.2d 461, 491 (9th tolerant to methaqualone demonstrates that a drug without exhibition of withdrawal Cir. 1959) cert, denied 361 U.S. 884 (1959); abuse of this drug may lead to physical de­ symptoms (Wieland 467). NLRB v. Nevada Consolidated Copper Oorp., pendence. In the case of the sedative hyp­ 21. The symptoms of psychological depend­ 316 U.S. 105, 106 (1942). notics, such as methaqualone, tolerance is ence range from mild symptoms such as feel­ The main thrust of Rorer’s argument is one of the indicia of the withdrawal syn­ ings of uneasiness and restlessness through that the testimony of the DEA witnesses is drome (Finding 10, supra). manifestations such as a compulsion or crav­ speculative since none had observed severe 16. The fact that sedative hypnotic drugs ing for the drug so that the individual can­ withdrawal or psychological symptoms re­ can be cross-substituted indicates they are not function without it (Fort 106-07). sulting from methaqualone abuse. The testi­ of equal dependence liability (Fort 86-87). 22. Case histories taken by Dr. Lional mony of Dr®. Fort, Matthew and Deutsch, on the basis of their observations of abusers of 17. In the case of withdrawal from metha­ Deutsch, a New York physician in charge of the inpatient detoxification service at Queens methaqualone and their assessment of the qualone, a patient would be expected to go histories of such individuals that abuse of through the minor side effects appearing Hospital, demonstrate that persons abusing methaqualone exhibited a craving for the the drug has severe physical dependence lia­ after eight hours or more. These symptoms bility, however, cannot be dismissed as un­ would then continue over the next 24 to 28 drug lasting from two weeks to a month or more, relapsed after discontinuance, and founded speculation. These experts clearly hours. The patient would then have a sig­ have the qualifications to make such a judg­ nificant chance. of going on to the major persisted in use of the drug despite social pressure (Deutsch 477). ment based on their assessment of with­ withdrawal symptoms such as convulsions, drawal symptoms exhibited in the early organic psychosis, and delirium (Deutsch 23. Abuse of methaqualone may lead to stages and on their evaluation of the histories 484). A computer study of the symptoms of severe psychological dependence (Deutsch taken from and Interviews with methaqua­ patients, who by history had taken metha­ 477, Fort 114, 107-08, Findings 20-22, supra). lone abusers. This evidence supports the qualone daily, when they could not get the D iscussion — finding that there is a probability that drug, demonstrated that they had an ab­ methaqualone abuse may lead to severe phys­ stinence syndrome indistinguishable from This is a case of first impression. It is evi­ ical dependence. Neither the demeanor or the individuals taking tuinal or seconal (Deutsch dently the first contested rulemaking pro­ testimony of these witnesses gave any indi­ 476). ceeding under the Controlled Substances Act cation that they would engage in specula­ Opinion testimony such as that of Dr. pertaining to the scheduling of a drug under tion on questions of this nature. Their testi­ Matthew, Dr. Fort, and Dr. Deutsch based on Section 202 of the statute (21 U.S.C. Sec­ mony that the failure to treat patients prior an examination of and interviews with abus­ tion 812). to the onset of major withdrawal symptoms ers of methaqualone, that abuse of this drug The Government and Rorer disagree both would be dangerous and contrary to sound has severe physical dependence liability is on the meaning of the applicable statutory medical practice is convincing. Under the cir­ persuasive (Fort 106, 113-14, 170-71, Deutsch standard, namely: cumstances, a prognosis by expert opinion 484, 473, Matthew 258) .* The record demon­ of this nature as to the consequences of drug strates their qualifications to make such a “Abuse of the drug or other substances may lead to severe psychological or physical abuse is within the comtemplation of the judgment based on their evaluation of with­ statute whose purpose is to prevent a public drawal symptoms exhibited in the early dependence” health problem before it arises. stages or on their assessment of histories and the weight which would be accorded to There are additional reasons for not re­ taken from methaqualone abusers. Such the testimony of the witnesses and certain jecting the opinion of DEA’s experts for fail­ opinions need not be based on an examina- of the exhibits as well as the inferences ure to meet a standard of hard medical evi­ which may be drawn therefrom. dence. Clinical observation by physicians in­ It is Rorer’s position that the term “may volves not only what the physician sees with 6 Pentobarbital is a short-acting barbitu­lead to” should be construed as meaning rate (Fort 67). “can be expected to lead in a significant per­ his eyes but also requires an exercise of judg­ 6 Dr. Matthew of the Regional Poisoning centage of cases” to severe psychological or ment as to the significance of the patient’s Treatment Center in Royal Infirmary in physical dependence. DEA argues on the con­ report of his subjective state.7 The opinion Edinburgh, United Kingdom, has personally trary, that the imposition of such a stand­ observed about 50 individuals severely ad­ ard cannot be justified either from the leg­ dicted to methaqualone (258). islative history or on the basis of this rec­ 7 See Wieland, Tr. 441.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 RULES AND REGULATIONS 27519 of the DEA witnesses, based on their observa­ B ecommended Conclusions of Law chem ical designation, listed in § 1308.12 tion of patients and evaluation of the histo­ A. Under the Controlled Substances Act Cel o f this chapter. ries of drug abusers constitutes such an ex­ of 1970 (21 UJ3.C. 801 et seq.). * * * * * ercise of judgment and should be regarded 1. The Controlled Substances Act of 1970 as reliable.8 Finally, the view of the DEA wit­ was Intended to protect the public health 2. Section 1308.12 of Title 21 of the nesses that the abstinence syndrome is best and safety by establishing a system of con­ Code of Federal Regulations be amended established through determining tolerance trol procedures for drugs with a potential by adding a new paragraph (e) to read is evidently an accepted scientific concept fen: abuse. as follows: which should not be rejected as speculative.® 2. These controls include registration re­ Turning specifically to the Issue of psy­ quirements, export and import restrictions, § 1308.12 Schedule II. chological dependence, the testimony of the labeling and packaging requirements, pro­ * * # * * DEA experts, and in particular, that of Dr. duction quotas, recordkeeping procedures Deutsch, who carefully recorded the histories (e) Depressants. Unless specifically and reports, order forms and prescription excepted or unless listed in another of methaqualone abusers is persuasive. Cer­ restrictions. tainly, his findings based on detailed histories 3. The controls are effected through a sys­ schedule, any material, compound, mix­ cannot be considered as conjectural. The tem of scheduling drugs or other substances ture, or preparation which contains any opinion evidence of the DEA witnesses com­ according to criteria set forth in the Con­ quantity of the following substances hav­ pels the finding that there is a probability trolled Substances Act of 1970 relating to ing a depressant effect on the central that abuse of methaqualone will lead to legitimate medical use and abuse potential. nervous system, including its salts, iso­ severe psychological dependence. Considera­ 4. Methaqualone is a drug, with a high tion has been given to the testimony of mers, and salts of isomers whenever the potential for abuse and a currently accepted existence of such salts, isomers, and salts Dr. Wieland that although there may be medical use in treatment in the United cases of methaqualone abuse leading to States within the meaning of 21 U.S.C. 812 of isomers is possible within the specific severe psychological dependence, this is “not. (b )(2 )(A ) and 21 U.S.C. 812(b)(2)(B ), as chemical designation: dealing in probabilities.” (Tr. 467). To the Borer has stipulated. (1) Methaqualone______2565 extent that Dr. Wieland’s views on this point 5. The Government has proved by sub­ conflict with those of Dr. Deutsch, the stantial evidence of record that the abuse of * * * * * opinion of the latter appears entitled to more the drug methaqualone may lead to severe The requirements imposed upon the weight in the light of his empirical work psychological dependence within the mean­ substances controlled by this order shall on this point demonstrated by the record. ing of 21 U.S.C. 812(b)(2)(C ). Since an individual may have severe psy­ become effective as follows: 6. The Government has proved by sub- 1. Registration. Any person who man­ chological dependence without exhibiting staintial evidence of record that the abuse symptoms of the withdrawal syndrome, a of the drug methaqualone may lead to severe ufactures, distributes, engages in re­ fortiori observation of the full clinical course physical dependence within the meaning of search, imports or exports any of these of withdrawal cannot be prerequisite to a 21 U.S.C. 812(b) (2)(C ). substances or who proposes to engage finding' as to the existence of severe psy­ in the manufacture, distribution, impor­ chological dependence. T heodor P. von Brand, Administrative Law Judge. tation, or exportation of, or research Although there are conflicts in the evi­ with, any of these substances, shall ob­ dence between the testimony of DEA’s ex­ Based on the investigations of the tain a registration to conduct that ac­ perts and those of Borer, the Government, Drug Enforcement Administration and by a clear preponderance of the evidence, tivity on or before November 5, 1973. has established that abuse of methaqualone after careful consideration of the Recom­ 2. Security. These substances must be and its salts may lead to severe psychological mended Decision printed above, as well manufactured, distributed and stored in and physical dependence. There is no in­ as the entire record herein, and upon the accordance with §§ 1301.71, 1301.72(a), dication in tiie testimony of DEA’s experts scientific and medical evaluation and 1301.73, 1301.74(a), 1301.75, and 1301.76 that severe psychological or physical depend­ recommendation of the Secretary of o f Title 21 o f the Code o f Federal Regula­ ence would be limited to an insignificant Health, Education and Welfare, received tions on or before January 3, 1974. In number of instances if abuse of the drug pursuant to Section 201(b) of the Com­ were unchecked. the event that this imposes special hard­ prehensive Drug Abuse Prevention and ships, the Drug Enforcement Adminis­ Control Act o f 1070 (21 UJS.C. 8 1 1 (b )), tration will entertain any justified 8 Consideration has been given to the con­the Acting Administrator, Drug Enforce­ tention of Borer that Government Exhibit 20 requests for extensions of time. demonstrates that methaqualone does not ment Administration, finds that metha­ 3. Labeling and packaging. All labels lead to severe psychological or physical de­ qualone and its salts: on commercial containers of, and all pendence. This exhibit and Dr. Matthew’s (1) Have a high potential for abuse; labeling of, any of these substances testimony at Tr. 254-57 and 272-76 are cited (2) Have a currently accepted medi­ which are packaged after April 15, 1974, for the proposition that 42 persons proven cal use in treatment in the United shall comply with the requirements of tolerant to methaqualone were abruptly State»; and withdrawn from the drug and not a single §§ 1302.03-1302.05 and 1302.08 o f Title 21 (3) May, when abused, lead to severe of the Code of Federal Regulations. In case of severe physical or psychological with­ physical and psychological dependence. drawal symptoms reported. However, the ar­ the event this effective date imposes spe­ ticle is devoted to the treatment of metha­ Therefore, under the authority vested cial hardships on any "manufacturer", as qualone poisoning by conservative manage­ in the Attorney General by section 201 defined in section 102(14) of the Con­ ment such as avoidance of diueresis and does (a) (21 U.S.C. 811(a)) and delegated to trolled Substances Act, 21 U.S.C. 802(14), not appear to address itself to the withdrawal the Administrator of the Drug Enforce­ the Drug Enforcement Administration problem as such. Individuáis tolerant to the ment Administration by § 0.100 of Title drug are not necessarily poisoned (Tr. 260- will entertain any justified requests for 28 of the Code of Federal Regulations an extension of time. 61). As a result, the silence with respect to (see 38 FR 18380, July 2, 1973), it is withdrawal of an article devoted to treat­ 4. Quotas. Quotas on these substances ment of Mandrax poisoning affords an un­ hereby ordered that: will be established to take effect on Jan­ certain basis for drawing an inference con­ 1. Section 1301.02 o f Title 21 o f theuary 1, 1974. All interested persons re­ flicting with the testimony of Dr. Matthew. Code of Federal Regulations be amended quired to obtain quotas shall submit ap­ His express testimony that he treated persons by adding a new paragraph (b) (10) to plications pursuant to § 1303.22 o f Title considered dependent on methaqualone with barbituarates or a strong tranquilizer with a read as follows: 21 of the Code of Federal Regulations on or before November 15, 1973. barbiturate and that persons tolerant to the § 1301.02 Definitions. drug, on withdrawal, could be expected to 5. Inventory. Every registrant required display the abstinence syndrome is persua­ ***** to keep records who possesses any quan­ sive and not vitiated by the possible conflict­ (b) * * * tity of any of these substances shall take ing inference drawn from the article in ques­ (10) Each of the substances having a an inventory, pursuant to §§ 1304.11- tion. Moreover, as DEA states, Dr. Matthew 1304.19 of Title 21 of the Code of Federal did not testify with respect to the article ex­ depressant effect on the central nervous cept on the development of tolerance and the system, including its salts, isomers, and Regulations, of all stocks of those sub­ stances on hand on November 5,1973. treatment of Mandrax poisoning. salts of isomers whenever the existence 8 See Dr. Deutsch’s citation of Cecil and 6. Records. All registrants required to Loeb, a “classical textbook of medicine” , on of such salts, isomers, and salts of keep records pursuant to §§ 1304.21- this point (Tr. 481). Isomers is possible within the specific 1304.27 of Title 21 o f the Code o f Federal

FEDERAL REGISTER, VOL. 38, NO . 192— THURSDAY, OCTOBER 4, 19/3 27520 RULES AND REGULATIONS

Regulations shall maintain such records a notice of a proposed amendment clari­ quired by this section. Duplicate records on these substances commencing on the fying the employment status of record­ of hours and earnings are not required. date on which the inventory of those keeping requirements for agricultural The requirements will be considered met substances is taken. labor supplied by crew leaders where the if the employer who actually pays the 7. Reports. All registrants required to farmer has the power to direct, control employees maintains and preserves the file reports with the Drug Enforcement or supervise the work of, or to determine records specified in § 516.33(c). Administration pursuant to §§ 1304.37- the pay rates or method of payment for, (52 Stat. 1060, as amended; 29 U.S.C. et seq.) 1304.41 o f Title 21 o f the Code o f Federal laborers to conform to the recent court Regulations shall report on the inventory decisions in Hodgson v. Okada (C.A. 10), Effective date. This amendment shall taken under paragraph 5 above and on 20 WH Cases 1107 and Hodgson v. Griffin be effective October 4,1973. all subsequent transactions. & Brand (C.A. 5 ), 20 WH Cases 1051, Signed at Washington, D.C. this 28.th 8. Order forms. Each distribution of which affirm the employer status of the day o f September, 1973. any of these substances on or after No­ farmer and crew leader. See also Mitchell vember 5,1973, shall utilize an order form v. Hertzke, 234 F.2d 183, 12 WH Cases W arren D. Landis, pursuant to Part 1305 of Title 21 of the 879 (C.A. 10). These decisions hold a Acting Administrator, Wage and Code of Federal Regulations except as farmer to be a joint employer where, in Hour Division, U.S. Depart­ permitted in § 1305.03 of that title. addition to the advantages of harvest m ent o f Labor; 9. Importation and exportation. All accruing to him as owner of the crop [FR Doc.73-21118 Filed 10-3-73;8:45 a.m.] importation and exportation of any of from the work of the laborers, he has the substances on and after November 5, the power to direct, control or supervise 1973, shall be in compliance with Part this work, or to determine their pay rates PART 780— EXEMPTIONS APPLICABLE TO 1312 o f Title 21 o f the Code o f Federal or method of payment. AGRICULTURAL COMMODITIES, PROC­ Regulations. Interested persons were invited to sub­ ESSING OF AGRICULTURAL COMMODI­ 10. Criminal liability. Pursuant to mit written data, views or comments on TIES, AND RELATED SUBJECTS UNDER Title 21 of the Code of Federal Regula­ or before July 27,1973. All relevant mat­ THE FAIR LABOR STANDARDS ACT tions § 1308.48, the Acting Administrator, ter which was submitted has been care­ Clarification of Employment Status of Drug Enforcement Administration fully considered and I have decided to Certain Agricultural Labor hereby finds that: adopt the proposed amendment as set Pursuant to the Fair Labor Standards 1. Individuals are taking methaqualone forth below. A ct o f 1938 (Pub. L. 75-718, 52 Stat. 1060, in amounts sufficient to create a hazard Therefore, pursuant to the Fair Labor Standards Act o f 1938 (Pub. L. 75-718, 29 U.S.C. 201 et seq.) as amended, R eor- to their own health or the safety of the ganization Plan No. 6 o f 1950 (3 CFR com munity; 52 Stat. 1060, 29 U.S.C. 201 et seq.) as amended, Reorganization Plan No. 6 of 1949-53 Comp., p. 1004) and Secretary’s 2. There exists significant diversion of Orders Nos. 13-71 and 15-71 (36 FR methaqualone from legitimate channels; 1950 (3 CFR 1949-53 Comp., p. 1004) and Secretary’s Orders Nos. 13-71 and 15-71 8755-6), I hereby amend Part 780 of 3. Persons are taking methaqualone on Title 29 of the Code of Federal Regula­ their own initiative rather than on the (36 FR 8755-6), §516.33 of Part 516 Title 29, Code of Federal Regulations, is tions. This Part is amended to conform advice of a physician. to the recently decided cases of Hodgson 4. Methaqualone is being used in sui­ amended to read as follows: 1. In § 516.33 paragraph (a) and thev. Okada (C.A. 10), 20 WH Cases 1107 cides and attempted suicides as well as and Hodgson v. Griffin & Brand (C.A. 5), causing other injuries resulting from un­ introductory text of (b) are revised and a new paragraph (g) is added as follows: 20 WH Cases 1051. See also M itchell v. supervised use. Hertzke, 234 F.2d 183, 12 WH Cases 877 Therefore, the Acting Administrator § 516.33 Employees employed in agri­ (C.A. 10). These decisions hold a farmer finds that conditions of Public Health culture. to be a joint employer where, in addition and Safety necessitate that any activity to the advantages of harvest accruing to with any of the substances, not author­ (a) No records, except as required under paragraph (f) of this section, need him as owner of the crop from the work ized by, or in violation of, the Controlled of the laborers, he has the power to di­ Substances Act or the Controlled Sub­ be maintained by an employer who did not use more than 500 man-days of agri­ rect, control or supervise their work, or to stances Import and Export Act, con­ determine their pay rates or method of ducted after October 4, 1973, shall be cultural labor in any quarter of the preceding calendar year, unless it can payment. unlawful, except that any person who is Notice of proposed rule making and op­ not now registered to handle these sub­ reasonably be anticipated that more than 500 man-days of agricultural labor portunity for public hearing are not re­ stances but who is entitled to registra­ quired. This amendment merely repre­ tion under those Acts may continue to (including agricultural workers supplied by crew leaders if the farmer has the sents clarification in interpretative conduct normal business or professional rulings which are deemed advisable to practice with those substances between power to direct, control or supervise the work, or to determine pay rates or reflect the holding in these court decis­ the date on which this order is published ions. Therefore notice and public proce­ and the date on which he obtains or is method of payment) will be used in at least one calendar quarter of the cur­ dure thereon are contrary to the public denied registration. rent calendar year. interest. 11. Other. In all other respects, this This amendment shall be effective Oc­ order is effective on October 4,1973. (b) If it can reasonably be anticipated that the employer will use more than tober 4,1973. Dated October 2, 1973. 500 man-days of agricultural labor (in­ 1. Paragraph (c) o f § 780.305 is added cluding agricultural workers supplied by John R . Bartels, Jr., to read as follow s: Acting Administrator, Drug En­ crew leaders if the farmer has the power to direct, control or supervise the work, § 780.305 500 man-day provision. forcement Administration, * * * ♦ * U.S. Departm ent of Justice. or to determine pay rates or methods of payment, but not counting members of (c) A farmer whose crops are har­ [FR Doc.73-21243 Filed 10-3-73;8:45 am] the employer’s immediate family and vested by an independent contractor is hand harvest laborers as defined in sec­ considered to be a joint employer with Title 29— Labor tion 13(a)(6)(B) of the Act), the em­ the contractor who supplies the harvest CHAPTER V— -WAGE AND HOUR DIVISION, ployer shall maintain and preserve pay­ hands if the farmer has the power to DEPARTMENT OF LABOR roll records containing the following in­ direct, control or supervise the work, or formation with respect to each worker: PART 516— RECORDS TO BE KEPT BY m • * * • to determine the pay rates or method of EMPLOYERS payment for the harvest hands. (See (g) Where a farmer and a bona fide in­§ 780.331.) Each employer must include Clarification of Recordkeeping Require­ dependent contractor or crew leader are ments for Certain Agricultural Labor joint employers of agricultural laborers, the contractor’s employees in his man- On June 27,. 1973, there was published each employer is responsible for main­ day count in determining whether his in the F ederal R egister (38 F R 16909) taining and preserving the records re­ own man-day test is met. Each employer

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 RULES AND REGULATIONS 27521 will be considered responsible for compli­ (3) Make mandatory the formerly per­ (3) Recurring annuities and benefits. ance with the minimum wage and child missive use of composite checks under (b) The regulations in this part do not labor requirements of the Act with re­ certain circumstances for payments of supersede, and shall not be used to cir­ spect to the employees who are jointly •net pay to employees. cumvent, the requirements of particular employed. Interested persons were given 30 days statutes, Executive orders or other ex­ within which to submit written comments ecutive branch regulations; for example, 2. Paragraph (d) o f § 780.331 is revisedand the comments received have been see Civil Service Commission regulations to read as follows: duly considered. at 5 CFR Part 550, Subpart C, issued pur­ §7 8 0 .3 3 1 Crew leaders and labor con­ The Department finds in accordance suant to 5 U.S.C. 5525. Savings allot­ tractors. with 5 U.S.C. 553(d) (2) that there is no ments under the regulations in this part * * * * * good cause to postpone the effective date shall not be used as a means to pay dues of the revision, since it represents a com­ to labor organizations. (d) Whether or not a labor contractorbination of rules interpretative of Fed­ or crew leader is found to be a bona fide § 209.2 Definitions. independent contractor, his employees eral statutes and of statements of Treas­ ury policy. Therefore, the proposed re­ As used in these regulations: are considered jointly employed by him vision is hereby adopted, effective on (a) “Agency” means any department, and the farmer who is using their labor agency, independent establishment, if the farmer has the power to direct, Oct. 4, 1973, subject to the following control or supervise the work, or to deter­ changes: board, office, commission, or other estab­ mine the pay rates or method of pay­ 1. In § 209.4(c), the period at the end lishment in the executive, legislative (ex­ ment. (Hodgson v. Okada (C.A. 10) , 20 of the text is deleted; a comma substi­ cept the Senate and House of Representa­ WH Cases 1107; Hodgson v. Griffin & tuted therefor, and the following lan­ tives), or judicial branch of the Gov­ Brand (C.A. 5) 20 WH Cases 1051; guage added after the comma : “and thè ernment, any wholly owned or controlled Mitchell v. Hertzke, 234 F.2d 183, 12 WH disbursing officer shall draw the checks Government corporation, and the mu­ Cases 877 (C.A. 10).) In a join t employ­ in that manner if the financial organiza­ nicipal government of the District of ment situation, the man-days of agricul­ tion has agreed to such an arrangement.” Columbia; tural labor rendered are counted toward 2. In § 209.5(b) (3), a period is sub­ (b) “Financial organization” means the man-days of such labor of each em­ stituted for the comma after the word any bank, savings bank, pavings and loan ployer. Each employer is considered “check” where that word first appears. association or similar institution, or Fed­ equally responsible for compliance with The language following is deleted. eral or State chartered credit union; the Act. With respect to the recordkeep­ 3. In § 209.5(c), the period at the end (c) “Employee” means (1) when used ing regulations in 29 CFR 516.33, the em­ of the text is deleted; a comma substi­ in reference to allotments of pay for sav­ ployer who actually pays the employees tuted therefor, and the following lan­ ings accounts, a civilian employee of an will be considered primarily responsible guage added after the comma: “and the agency, and (2) when used otherwise, a for maintaining and preserving the rec­ disbursing officer shall draw the check in civilian employee of an agency or a mem­ ords of hours worked and employees’ that manner if the financial organization ber of a uniformed service; has agreed to such ah arrangement.” earnings specified in paragraph (c) of (d) “Beneficiary” means a person or §516.33. 4. In § 209.6(b) (2), the word “ad­ dresses” is changed to read “address.” persons receiving an annuity or benefit (52 Stat. 1060, as amended; 29 U.S.C. 201 payment or other recurring payment un­ et seq.) Dated September 28,1973. der Federal law, other than a payment of Signed at Washington, D.C., this 28th f seal] John K . Carlock, salary or wages or pay and allowances; day of September 1973. Fiscal Assistant Secretary. (e) “Allotment of pay for a savings ac­ Sec. count” means an authorization from an W arren D. Landis, 209.1 Scope of regulations. employee for a recurring payroll deduc­ Acting Administrator, Wage and 209.2 Definitions. tion from salary or wages due, in a spec­ Hour Division, U.S. Depart­ 209.3 Allotments of pay for savings ac­ ified dollar amount, to be remitted to a m ent o f Labor. counts. 209.4 Payments of net pay for employees. financial organization of his choice, for [FR Doc.73-21119 Filed 10-3-73;8:45 am] 209.5 Recurring payments for beneficiaries. credit to his savings account; 209.6 Identification of financial organiza­ • (f) “Savings account” means an ac­ Title 31— Money and Finance: Treasury tion office to receive remittances count (single or joint) for the purchase for allotments of pay. CHAPTER II— FISCAL SERVICE, 209.7 Depositor account numbers. of shares (other than shares of stock) or DEPARTMENT OF THE TREASURY 209.8 Service charge. for the deposit of savings in any financial organization, the title of which account SUBCHAPTER A— BUREAU OF ACCOUNTS 209.9 Financial organization as agent. 209.10 Acquittance to the United States. includes the name of the authorizing PART 209— PAYMENT TO FINANCIAL OR­ 209.11 Financial organization not Govern­ employee; GANIZATIONS FOR CREDIT TO AC­ ment depositary. (g) “Net pay” means the amount of COUNTS OF EMPLOYEES 209.12 Procedural instructions. salaries or wages of civilian employees On August 15 in the F ederal R egister AUTHORITY: R.S. 3620, as amended, 31 and pay and allowances of members of at page 22032 to 22034, the Department U.S.C. 492. the uniformed services remaining due of the Treasury published a Notice of § 209.1 Scope of regulations. after all payroll deductions for allot­ Proposed Rulemaking to revise its exist­ ments of pay for savings accounts and ing regulations governing payments to fi­ (a) The regulations in this part govern other purposes and all other payroll nancial organizations for credit to ac­ the regular remittance to financial or­ deductions; counts of employees at 31 CFR Part 209 ganizations of Federal payments which (h) “Recurring payment” means a (also appearing as Department Circular are for credit to the accounts of em­ benefit, annuity, or other payment which No. 1076, R evised). The main purposes ployees and beneficiaries, as defined is made repeatedly at regular intervals. of the proposed revision are to: herein, including payments for: (1) Include drawing of checks in favor ( 1 ) Full amounts of salaries and wages § 209.3 Allotments of pay for savings of financial organizations for any class of of civilian employees, and pay and allow­ accounts. recurring payments, as authorized by ances of members of the uniformed serv­ (a) Any employee whose place of em­ ices; Public Law 92-366 (31 U.S.C. 492(d)) ap­ ployment is within the United States (2) Allotments of pay for savings ac­ may authorize an allotment of pay for a proved on August 7,1972; counts (available hereunder only to ci­ savings account under these regulations, (2) Emphasize that Civil Service Com­ vilian em ployeesl) ; and provided that allotments of pay for sav­ mission regulations exclusively govern i-See 32 CFR Part 59—Voluntary Military ings are not otherwise available to the allotments to pay membership dues in Pay Allotments, issued pursuant to 37 U.S.C. employee under the regulations referred labor organizations; and 701-706, for military allotments for savings. to in § 209.1(b).

FEDERAL REGISTER, VOL. 38, N O . 192— THURSDAY, OCTOBER 4, 1973 27522 RULES AND REGULATIONS

(b) The head of an agency shall effec­the name of the employee as stated on § 209.6 Identification o f financial or­ tuate such allotments of pay for savings the check. ganization office to receive remit­ accounts: (c) Whenever, under the procedures tances for allotments of pay. (1) If the employee provides the set out in paragraph (b) of this section, (a) Except as authorized in accordance agency with a written request (on a form payments are made by an agency on the with paragraph (b) of this section, re­ promulgated by the Treasury or such same regularly recurring dates to five or mittances covering allotments of pay for agency-adapted form as may be ap­ more employees who designate the same savings accounts in behalf of all em­ proved by the Treasury for the purpose) financial organization, the head of the ployees designating the same financial which designates the financial organiza­ agency shall authorize the appropriate organization shall be forwarded uni­ tion and such financial organization, by disbursing officer to draw the check for formly to a single office of such financial endorsement thereon, states its willing­ the total amount in favor of that organi­ organization notwithstanding the fact ness to act in this respect as agent of zation for credit to the accounts of the that the employees may otherwise make the employee and to accept, as its ex­ several employees, and the disbursing of­ deposits to their accounts at different pense, the service charge specified in ac­ ficer shall draw the check in that manner branch offices of such financial organiza­ cordance with § 209.8 which is to be if the financial organization has agreed tion. In executing the form required pur­ deducted from the aggregate total of the to such an arrangement. suant to § 209.3, each employee will be allotments remitted; * § 209.5 Recurring payments for bene­ expected to ascertain from the financial (2) If the allotment is a fixed amount, ficiaries. organization the address of its single in round dollars (no cents), to be de­ office which is to receive remittances. In ducted in each successive payroll (until (a) The head of an agency may au­ thorize the appropriate disbursing officer any event, the financial organization, in canceled by the employee, in writing, or executing the form, shall: otherwise terminated); to make a recurring payment to a bene­ ficiary by sending to the financial or­ (1) Review the address inserted and, (3) If not more than two such allot­ ganization designated by that bene­ if necessary, correct it to conform with ments for any employee shall be in effect ficiary a check that is drawn in favor of the requirements of this section; at any tim e; that organization and is for credit to the (2) Insert, in the space provided, the (4) To the extent that the amount of account of that beneficiary, in lieu of “employer identification number” as­ salary or wages becoming due an em­ payment by check drawn to his order. signed to it by the Internal Revenue ployee for any pay period thereafter is (b) The procedure set out in para­ Service, Department of the Treasury. sufficient to cover (i) in the case of a graph (a) of this section may be adopted Such identification numbers, which are single allotment, the full amount thereof, only: susceptible of imiversal application in or (ii) in the case of two allotments, the (1) If the beneficiary to whom the re­ identifying each individual financial aggregate amount of both. In making any curring payment is to be made provides organization as a whole, will be used in determinations under this subparagraph, the agency with a written request (on a agency payroll systems to facilitate the all payroll deductions otherwise required form promulgated by the Treasury or assembly of all of its payroll deductions shall have priority over those authorized applicable to the same financial organi­ by this section; and such agency-adapted form as may be approved by the Treasury for the pur­ zation;, and (5) Regardless of the manner in which pose) which designates the financial (3) Identify the block specified on the the allotment for savings ultimately will organization; form which indicates conformance with be disposed of by the employee (which is (2) For the full amount of the recur­ the requirement for a single remittance at his own discretion), except that the ring payment becoming due on succes­ point in the financial organization. purpose of the allotment may not cir­ sive payment dates (until the request is (b) A financial organization which cumvent statutes, Executive orders, and canceled by the beneficiary in writing); maintains its savings accounts at branch other executive branch regulations (see and offices only and which cannot comply § 209.1(b)). (3) For payments for credit to an ac­ with the requirements of paragraph (a) § 209.4 Payments of net pay for em­ count, designated by the beneficiary to of this section, on the basis that its own ployees. whom the recurring payment is to be internal transmission of deposit credits made, the title of which includes the from a single remittance point to its re­ (a) Any employee may request that spective branch offices is impracticable, the full amount of net pay due him, in name of the beneficiary as stated on the check. may certify to that effect by identifying lieu of being paid by check drawn to his the block provided for this purpose on order, be paid to him regularly by check (c) Whenever, under the procedures set out in paragraph (a) of this section, the form required by § 209.3. Such cer­ drawn, in favor of a financial organiza­ tification shall serve to waive the require­ tion of his choice, for credit to his recurring payments are made to two or more beneficiaries who designate the ments of paragraph (a) of this section account. on the basis that the financial organiza­ (b) The head of an agency shall au­ same financial organization, the head of the agency, may, after consultation with, tion cannot otherwise agree to accept re­ thorize the appropriate disbursing offi­ mittances for credit to accounts of cer to pay an employee by sending to the and approval by, the Fiscal Assistant Secretary of the Treasury, authorize the employees designating such financial financial organization designated by that organization. Such financial organization employee a check that is drawn in favor appropriate disbursing officer to draw a single check for the total amount in favor shall: of that organization and for credit to (1) Establish a standardized series of the account of that employee. This pro­ of that organization for credit to the ac­ counts of the several beneficiaries, and numeric codes consisting of three digits cedure shall be used only: (001 through 999) to be used uniformly (1) If the employee provides the the disbursing officer shall draw the check in that manner if the financial in identifying each of its branch offices agency with a written request (on a required to receive remittances; form promulgated by the Treasury or organization has agreed to such an such agency-adapted form as may be ap­ (2) Insert, in the spáce provided on arrangement. the form, its “employer identification proved by the Treasury for the purpose) (d) The procedures set out in this sec­ which designates the financial organiza­ number” and, as a parenthetical suffix, tion. tion shall not be used for allotting a part its three-digit code identifying the ap­ (2) For the full amount of net pay be­ of a recurring payment or for effectuat­ plicable branch office consistent with the ing an assignment of a recurring address of that office as shown on the coming due on successive payrolls (until form ; and the request is canceled by the employee payment. in writing); and (e) The Fiscal Assistant Secretary will (3) Make such inter-office adjustments (3) For payments for credit to any of deposit credits as may become neces­ initiate, as appropriate, joint Treasury- sary in the event a remittance to one account (single or joint) designated by agency consideration of application of branch office includes credit for a par­ the employee, the title of which includes the procedures set forth in this section. ticular savings account at a different

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 RULES AND REGULATIONS 27523 branch office, whether by reason of an The death of that employee or benefici­ data, views, or arguments submitted to inconsistency in the initial designation ary revokes the authority of the financial the Commissioner of Accounts, U.S. De­ of the branch office code on the form or organization to credit the amount to the partment of the Treasury, Washington, otherwise. account of that individual. In the case of D.C. 20226, and received not later than September 14, 1973. Pursuant to 31 CFR § 209.7 Depositor account numbers. a check covering a payment to one em­ ployee or beneficiary, the proceeds of 1.4(b), 36 FR 13835, comments submitted Based on the forms submitted by em­ which cannot be credited to the account in response to this notice are available ployees and beneficiaries pursuant to because of death or any, other reason, to the public upon request therefor un­ §§ 209.3, 209.4 and 209.5, agencies shall the financial organization shall promptly less confidential status for the submis­ use depositor account numbers supplied return the check to the issuing disburs­ sion has been requested and approved. by the financial organization as an iden­ ing officer or remit its own check in an [PR Doc.73-21115 Piled 10-3-73;8:45 am] tification of the account to be credited, equal amount, with a statement in either in addition to the name and social secu­ case identifying the reason therefor and rity account number of the employee or the individual. In the case of a check Title 32— National Defense beneficiary. Records supporting checks covering payment to more than one em­ CHAPTER VII— DEPARTMENT OF THE issued pursuant to § 209.3, § 209.4(c) and ployee or beneficiary, a portion of which AIR FORCE § 209.5(c) shall be so identified. Individ­ cannot be credited to an account because SUBCHAPTER I— MILITARY PERSONNEL . ual checks issued pursuant to § 209.4(b) of death or for any other reason, the fi­ PART 883— MILITARY JUSTICE and § 209.5(a) shall be identified, as a nancial organization shall promptly re­ minimum, with the name and depositor mit to the agency responsible for making Correction account number of the employee or bene­ payment a check in an amount equal to Section 883.3(a)(3), as published in ficiary. The United States shall not as­ that portion which could not be properly 38 FR 26803, September 26, 1973, should sume responsibility for the correctness credited to the account, with a statement be corrected to read as follows: of such depositor account numbers, and identifying the individual and the reason the name and/or social security account for refund. § 883.3 [Corrected] number of the employee or beneficiary to (a) * * * whom payment is to be made will govern § 209.10 Acquittance to the United , States. (3) The sentence of the court as ap­ the crediting of the account. proved or affirmed and any subsequent (a) A financial organization which reduction by clemency or otherwise. § 209.8 Service charge. receives checks under the procedure set The Government’s cost in the admin­ out in §§ 209.3, 209.4 and 209.5 shall com ­ By order of the Secretary of the Air istration of the system established by ply with the provisions of 31 CFR Part Force. § 209.3 shall be recovered by each agency 360—Indorsement and Payment of John W . Fahrney, on the basis of standard (Government- Checks Drawn on the Treasurer of the Colonel, USAF Chief, Legislative wide) rates established in these regula­ United States, in particular 31 CFR Division, Office of The Judge tions. The total service charge applicable 360.8. A financial organization’s endorse­ Advocate General. to a remittance to a financial organiza­ ment shall constitute a guaranty of the tion, derived by application of the stand­ continued existence of the beneficiary for [PR Doc.73-21079 Piled 10-3-73;8:45 am] ard rates, shall be automatically col­ whom it receives payment. lected from the financial organization by (b) Payment by the United States of Title 40— Protection of Environment deduction from the total amount to be a check drawn in favor of and prbperly CHAPTER I— ENVIRONMENTAL remitted. endorsed by the financial organization PROTECTION AGENCY (a) Subject to revision from time to designated by an employee or benefici­ SUBCHAPTER E— PESTICIDE PROGRAMS time on the basis of studies of Govern­ ary to whom payment is to be made ment-wide costs incurred, the standard shall, if the check or accompanying PART 180— TOLERANCES AND EXEMP­ rates shall be: record properly specifies that employee’s TIONS FROM TOLERANCES FOR PESTI­ or beneficiary’s name and/or social se­ CIDE CHEMICALS IN OR ON RAW AGRI­ (1) Six (6) cents for each payroll de­ CULTURAL COMMODITIES duction stated on the record which is to curity account number, constitute a full accompany the aggregate remittance acquittance to the United States for the 4,6-Dinitro-o-Cresol and Its Sodium Salt (for all administrative and payrolling amount of such payment. An order was published in the F e d e r a l costs in the agency); plus § 209.11 Financial organization not R e g is t e r o f June 11, 1973 (FR 15365), (2) Twelve (12) cents for each remit­ - Government depositary. establishing an interim tolerance of 0.02 tance, as a single charge for the entire A financial organization to which a part per million for residues of 4,6-dini- record accompanying the remittance, re­ check is drawn under the procedures set tro-o-cresol and its sodium salt in or on gardless of the number of payroll deduc­ out in §§ 209.3, 209.4 and 209.5 does not the raw agricultural commodity apples tions listed (for all check preparation thereby become a Government depositary from application of these plant regulators and mail preparation costs in the dis­ to apple trees at the blossom stage as and shall not advertise itself as one be­ fruit-thinning agents. bursing office, including postage). cause of that fact. (b) In accordance with the provisions Accordingly, 4,6-dinitro-o-cresol and of section 501 of the A ct of August 31, § 209.12 Procedural instructions. its sodium salt should have been listed as 1951, 65 Stat. 290 (31 U.S.C. 483a), the Procedural instructions for the guid­ members of the class of pesticides known total service charge collected pursuant ance of agencies in the implementation as dinitrophenols (§ 180.3(e) (6)) since to this section shall be covered into the of these regulations and a new form to 4,6-dinitro-o-cresol is also 2,4-dinitro-6- Treasury as miscellaneous receipts un­ request the remittance of recuring pay­ methylphenol. less the agency has statutory authority ments to financial organizations will be Therefore, § 180.3 Tolerances for re­ otherwise to dispose of the credit. issued by the Commissioner of Accounts. lated pesticide chemicals is amended by The several forms presently in use to § 209.9 Financial organization as agent. alphabetically inserting the item “4,6- request remittance of the full amount of A financial organization which receives net pay to a financial organization, and Dinitro-o-cresol and its sodium salt” in checks ‘ under the procedure set out in the form presently used to request an the list of dinitrophenol pesticides in §§ 209.3, 209.4 and 209.5 does so in each allotment of pay for credit to a savings paragraph (e) (6) of this section. case as the agent of the employee or account with a financial organization Since the order established by this beneficiary who has designated the fi­ nancial organization to receive the check (Standard Form No. 1198), will be document merely corrects an oversight and credit his account. Such a financial continued. and is noncontroversial, notice, public organization may revoke its agency by Prior to adoption of the proposed: re­ procedure, and delayed effective date are notice to the employee or beneficiary. vision, consideration will be given to any not prerequisites to this promulgation.

FEDERAL REGISTER, VOL. 38, NO . 192— THURSDAY, OCTOBER 4, 1973 27524 RULES AND REGULATIONS

Effective date. This order shall become the issues for the hearing. A hearing will Therefore, pursuant to provisions of effective October 4, 1973. be granted if the objections are su p p orted the Federal Food, Drug, and Cosmetic Dated October 1,1973. by grounds legally sufficient to justify the Act (sec. 408(d)(2), 68 Stat. 512; 21 relief sought. Objections may be accom­ U.S.C. 346a(d) (2 )), the authority trans­ Henry J. K orp, panied by a memorandum or brief in sup­ ferred to the Administrator of the En­ Deputy Assistant Administrator, port thereof. vironmental Protection Agency (35 FR for Pesticide Programs. Effective date. This order shall become 15623), and the authority delegated by [FR Doc.73-21164 Filed 10-3-73;8:45 am] effective October 4, 1973. the Administrator to the Deputy Assist­ ant Administrator for Pesticide Pro­ (Sec. 408(d) (2), 68 Stat. 512; 21 U.S:C. 346a grams (36 FR 9038), § 180.317 is revised PART 180— TOLERANCES AND EXEMP­ (d )(2 )) to read as follow s: TIONS FROM TOLERANCES FOR PESTI­ Dated September 2?, 1973. CIDE CHEMICALS IN OR ON RAW AGRI­ § 180.317 3,5-Dichloro-JV-(l,l-dimethyl- CULTURAL COMMODITIES H enry J. K orp, 2-propynyI)benzamide; tolerances Deputy Assistant Administrator for residues. Oryzalin for Pesticide Programs. Tolerances are established for residues A petition (PP 3F1347) was filed by [FR Doc.73-21081 FUed 10-3-73;8:45 am] of the herbicide 3,5-dichloro-lV-(l,l-di- Manco Products Co., Division of Eli Lilly methyl-2-propynyl) benzamide and its and Co., Indianapolis, IN 46206, in ac­ metabolites (calculated as 3,5-dichloro- cordance with provisions of the Federal PART 180— TOLERANCES AND EXEMP­ N- (l,l-dimethyl-2-propynyl) benzamide) Food, Drug, and Cosmetic Act (21 U.S.C. TIONS FROM TOLERANCES FOR PESTI­ in or on raw agricultural commodities as 346a), proposing establishment of toler­ CIDE CHEMICALS IN OR ON RAW AGRI­ follow s: . ances for negligible residues of the herbi­ CULTURAL COMMODITIES . 5 parts per million in or on fresh for­ cide oryzalin (3,5-dinitro-N4,lV4-dipropyl- 3,5-DichIoro-N-(l,l-Dimethyl-2-Propynyl) age and hay of alfalfa, clover, crown sulfanilamide) in or on the raw agricul­ Benzamide vetch, sainfoin, and trefoil. tural commodities soybean forage, soy­ 2 parts per million in or on endive bean hay, and soybeans at 0.1 part per A petition (PP 3F1317) was filed by Rohm and Haas Co., Independence Mall (escarole) and lettuce. million. 0.2 part per million in kidney and liver Subsequently, the petitioner amended West, Philadelphia, PA 19105, in accord­ ance with provisions of the Federal Food, of cattle, goats, hogs, horses, poultry, and the petition by withdrawing the request­ sheep. ed tolerances for negligible residues of the Drug, and Cosmetic Act (21 U.S.C. 346a), proposing establishment of tolerances for 0.02 part per million (negligible resi­ herbicide in or on soybean hay and soy­ due) in eggs, milk, and meat, fat, and bean forage. combined residues of the herbicide 3,5- dichloro-N-(1,1- dimethyl - 2 - propynyl) meat byproducts (except kidney and Based on consideration given the data liver) of cattle, goats, hogs, horses, poul­ submitted in the petition and other rele­ benzamide and its metabolites (calcu­ try, and sheep. vant material, it is concluded that: lated as the herbicide) in or on the raw Any person who will be adversely af­ 1. The herbicide is useful for the pur­ agricultural commodities alfalfa, clover, fected by the foregoing order may at any pose for which the tolerance is being es­ crown vetch, sainfoin, trefoil at 15 parts time on or before Nov. 5, 1973, file tablished. per million; kidney and liver of cattle and with the Hearing Clerk, Environmental 2. There is no reasonable expectation of poultry at 1 part per million; and eggs, Protection Agency, Room 1019E, 4th & residues in eggs, meat, milk, or poultry, milk, and meat, fat, and meat byproducts M Streets SW., Waterside Mall, Wash­ and § 180.6(a) (3) applies. (except kidney and liver of cattle and ington, D.C. 20460, written objections 3. The tolerance established by this poultry) of cattle, goats, hogs, horses, thereto in quintuplicate. Objections shall order will protect the public health. poultry, and sheep at 0.05 part per mil­ show wherein the person filing will be Therefore, pursuant to provisions of lion (negligbile residue). adversely affected by the order and spec­ the Federal Food, Drug, and Cosmetic Subsequently, the petitioner amended ify with particularity the provisions of Act (sec. 408(d)(2), 68 Stat. 512; 21 the petition by (a) reducing the pro­ the order deemed objectionable and the U.S.C. 346a(d) (2) ), the authority trans­ posed tolerances for residues in or on grounds for the objections. If a hearing ferred to the Administrator of the En­ alfalfa, clover, crown vetch, sainfoin, and is requested, the objections - must state vironmental Protection Agency (35 F.R. trefoil from 15 parts per m illion to 5 parts the issues for the hearing. A hearing will 15623), and the authority delegated by per million; (b) revising the proposed tol­ be granted if the objections are sup­ the Administrator to the Deputy Assist­ erances for residues in kidney and liver of ported by grounds legally sufficient to ant Administrator for Pesticide Pro­ cattle and poultry at 1 part per million justify the relief sought. Objections may grams (36 FR 9038), Part 180 is amended to include goats, hogs, horses, and sheep be accompanied by a memorandum or by adding a new section as follows: at 0.2 part per million; and (c) changing the proposed tolerances for residues in brief in support thereof. § 180.304 Oryzalin; tolerances for resi­ eggs, milk, and meat, fat, and meat by­ Effective date. This order shall be­ dues. products (except kidney and liver of cat­ come effective October 4, 1973. A tolerance is established for negligi­ tle and poultry) of cattle, goats, hogs, (Sec. 40ft(d) (2), 68 Stat. 512; 21 U.S.C. 346a ble residues of the herbicide oryzalin (3,5- horses, poultry, and sheep at 0.05 part (d )(2 )) dinitro-N4,N4-dipropylsulfanilamide) in per m illion (negligible residue) to 0.02 or on the raw agricultural commodity part per million (negligible residue) in Dated October 1, 1973. soybeans at 0.1 part per million. eggs, milk, and meat, fat, and meat by­ Henry J. K orp, Any person who will be adversely products (except kidney and liver) of Deputy Assistant Administrator affected by the foregoing order may at cattle, goats, hogs, horses, poultry, and for Pesticide Programs. sheep. any time on or before November 5, 1973 [FRDoc.73-21165 Filed 10-3-73;8:45 am] file with the Hearing Clerk, Environ­ JBased on consideration given the data mental Protection Agency, Room 1019E, submitted in the petition and other rele­ Title 46— Shipping 4th & M Streets, SW, Waterside Mall, vant material, it is concluded that: CHAPTER II— MARITIME ADMINISTRA­ Washington, D.C. 20460, written objec­ 1. The herbicide is useful for the pin- TION, DEPARTMENT OF COMMERCE tions thereto in quintuplicate. Objections pose for which the tolerances are being SUBCHAPTER G— EMERGENCY OPERATIONS shall show wherein the person filing will established. [General Order 75, 2d Rev., Arndt. 31] be adversely affected by the order and 2. Residues of the herbicide in eggs, specify with particularity the provisions meat, milk, and poultry will not exceed PART 308— WAR RISK INSURANCE of the order deemed objectionable and the proposed tolerances. Miscellaneous Amendments the grounds for the objections. If a hear­ 3. The tolerances established by this In FR Doc. 73-5126, appearing in the ing is requested, the objections must state order will protect the. public health. F ederal R egister issue of March 16,1973

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 RULES AND REGULATIONS 27525

(38 FR 7117) Part 308 was amended to standards. No person who has been dis­ are hereby published in the Federal reflect the following changes: . missed or compelled to resign from the R egister without notice of proposed rule- Amend § 308.6 Period of interim U.S. Military Academy, the U.S. Naval making. binders and renewal procedure, § 308.106 Academy, the U.S. Air Force Academy, Part 350 o f Chapter II of Title 46 of Standard form of war risk hull insur­ the U.S. Coast Guard Academy, the U.S. the Code of Federal Regulations is ance interim binder and optional dis­ Merchant Marine Academy, or a State revised to read as follows: bursements insurance endorsement, Maritifne Academy for improper conduct Sec. § 308.206 Standard form o f war risk pro­ is eligible for appointment as a Midship­ 350.1 Purpose. tection and indemnity insurance interim man at the U.S. Merchant Marine Acad­ 350.2 Korean Service Bar. binder, and § 308.305 Standard form of emy. No person whose last discharge 350.3 Vietnam Service Bar. Second Seamen’s war risk insurance in­ from any branch of the military service 350.4 Procedure for purchase. terim binder, by changing the expiration was under conditions other than honor­ 350.5 Replacements. dates contained therein to read “mid­ able is eligible for appointment as a 350.6 Unauthorized sale. night October 7, 1973, G.m .t.” Midshipman. A u thority : P.L. 84-759, 70 Stat. 605, De­ The same is hereby further amended (d) Investigation. To be eligible for partment of Commerce Order 10-8 (38 FR appointment, all candidates must be 19707, July 23, 1973), Administrator’s Order by changing the expiration dates con­ 2 (amended) (November 27, 1972). tained therein to read “midnight April 7, completely loyal to the United States and 1974, G.m .t.” must meet the requirements established § 350.1 Purpose. (Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. by the Department of the Navy for desig­ The purpose of this part is to prescribe 1114) nation as Midshipman; U.S. Naval Re­ regulations pursuant to P.L. 84-759, 70 serve. Candidates for appointment will be Dated October 1, 1973. Stat. 605, governing the issuance of serv­ required to execute documents for the ice ribbon bars to masters, officers and By Order of the Assistant Secretary of purpose of a suitability and security in­ crew members of United States ships in Commerce for Maritime Affairs. vestigation. Appointment as a Midship­ recognition of their service in areas of man, USNR, is a condition of admission. danger during the operations by Armed Aaron Silverman, (e) No waivers. No waivers of aca­ Assistant Secretary. Forces of the United States in Korea demic or physical requirements will be and Vietnam, and the replacement of' [ PR Doc.73-21159 Filed 10-3-73; 8:45 am ] granted. awards previously issued for service in (§204, 49 Stat. 1987, as amended; 46 U.S.C. the United States Merchant Marine dur­ SUBCHAPTER H— TRAINING 1114; § 216, 53 Stat. 1182, as amended; 46 ing World War H, under earlier Acts of U.S.C. 1126) (General Order 97, Rev., Arndt. 2] Congress and Executive Orders, now. (Catalog of Federal Domestic Assistance Pro­ repealed. PART 310— MERCHANT MARINE gram No. 11.507 UJS. Merchant Marine Acad­ TRAINING ' emy (Kings Point)). § 350.2 Korean Service Bar. A red, white, and blue umbra silk rib­ Subpart C— Admission and Training of Dated October 1,1973. Midshipmen at thé United States Mer­ bon bar, one and three-eights inches chant Marine Academy By Order of the Assistant Secretary of wide by three-eighths inch long, may be Commerce for Maritime Affairs. issued, in accordance with the procedure Effective on October 4, 1973, § 310.53 set forth in § 350.4 of this part, to each of this subpart C which was published Aaron Silverman, Assistant Secretary. master, officer or member of the crew of in the Federal R egister on April 11,1973 any United States ship who, between (38 FR 9166) is revised to read as follows : [FR Doc.73-21158 Filed 10-3-73;8:45 am] June 30, 1950 and September 30, 1953, § 310.53 General requirements for eligi­ served in the waters adjacent to Korea bility. SUBCHAPTER J— MISCELLANEOUS within the following bounds: [General Order 81,. Revised] From a point at latitude 39°30' N., longi­ (a) Citizenship. All candidates nomi­ tude 122°45' E.; southward to latitude 33° N., nated are required to be male citizens of PART 350— SEAMEN'S SERVICE AWARDS longitude 122°45' E.; thence eastward to the United States except: (1) Certain Pursuant to the authority vested in the latitude 33° N., lofigitude 127*55' E.; thence nominees fronyAmerican Republics other northeastward to latitude 37°05' N., longitude than the United States and from the Secretary of Commerce by P.L. 84-759, 133° E., thence northward to latitude 40*40' Trust Territories of the Pacific, specifi­ 70 Stat, 605, and delegated to the Assist­ N., longitude 133° E., thence northeastward cally provided for in § 310.64; and (2) ant Secretary for Maritime Affairs by to a point on the east coast of Korea at the Department of Commerce Order 10-8 (38 juncture of Korea with the U.S.S.R. such nominees of the Governor of Ameri­ FR 19707, July 23, 1973) the Seaman’s can Samoa who may be American na­ Service Awards regulations (46 CFR § 350.3 Vietnam Service Bar. tionals but not citizens. This provision is Chapter II, Part 350) have been revised. A red, blue and yellow silk ribbon bar, not to be construed to permit any such These regulations relate to the issuance one and three-eighths inches wide by person who is a national but not a citizen of service ribbon bars to masters, offi­ three-eighths inch long, may be issued, in of- the United States to be entitled to any cers and crew members of United States accordance with the procedure set forth office or position in the U.S. Merchant ships who served in areas of danger dur­ in § 350.4 of this part, to each master, Marine by reason of his graduation from ing the operations by Armed Forces of officer, or member of the crew of any the Academy until such person shall have the United States in Korea and Vietnam, United States ship who, between July 4, become a citizen. and the replacement of awards previously 1965, and August 15, 1973, served in the (b) Age. A candidate must be not less issued for service in the United States waters adjacent to Vietnam within the than 17 years of age and must not have Merchant Marine during World War II, passed his 22nd birthday on July 1 of the following bounds: under earlier Acts of Congress and Ex­ From a point on the east coast of Vietnam calendar year in which he seeks to be ap­ ecutive Orders, now repealed. The revi­ pointed as a Midshipman. However, a at the juncture of Vietnam with China sion establishes August 15, 1973 as the southeastward to 21° N. Lat., 108° E. Long.; waiver may be granted for veterans of termination date of qualified service thence southeast to 18* N. Lat., 108° E. Long.; the armed services an the basis of 1 time for award of the service ribbon bar thence southeastward to 17* 30' N. Lat., Ill* month for every month in the service up for service in waters adjacent to Vietnam. E. Long.; thence southward to 11* N. Lat., to age 24. The revision also indicates a change in Ill* E. Long.; thence southeastward to 7° N. (c) Character. A candidate must be of the authorized distributor of the ribbon Lat., 105* E. Long.; thence westward to 7° good moral character. The Assistant Sec­ N. Lat., 103° E. Long.; thence northward to bars and provides a procedure for re­ 9° 30' N. Lat., 103* E. Long.; thence north­ retary of Commerce for Maritime Affairs placing lost certification cards. may reject the nomination of any candi­ eastward to 10* N. Lat., 104*27' E. Long.; The Seamen’s Service Awards regula­ thence northward to a point on the west date whose character is incompatible tions involve a function of military affairs coast of Vietnam at the juncture with Cam­ with U.S. Merchant Marine Academy and consequently have been revised and bodia.

FEDERAL REGISTER, V O L 38, NO. 192— THURSDAY, OCTOBER 4, 1973 No. 192------4 27526 RULES AND REGULATIONS

§ 350.4 Procedure for purchase. By Order of the Assistant Secretary of § 32.12 Special regulations; migratory Commerce for Maritime Affairs. game birds; for individual wildlife (a) Application for the Korean Serv­ refuge' areas. ice Bar and Vietnam Service Bar shall A aron S ilverman, be made to the Office of Maritime Man­ Assistant Secretary, New M exico power, Maritime Administration, Depart­ [FR Doc.73-21160 Filed 10-3-73;8:45 am] BITTER LAKE NATIONAL WILDLIFE REFUGE ment of Commerce, Washington, D.C.‘ 20230. The application should include the Public hunting of ducks, geese, coots seaman’s complete name, mailing ad­ Title 50— -Wildlife and Fisheries and sandhill cranes on the Bitter Lake dress, Book or “Z” number, the name or CHAPTER I— BUREAU OF SPORT FISH­ National Wildlife Refuge, New Mexico, names of ships on which the seaman ERIES AND WILDLIFE, FISH AND WILD­ is permitted as follows: Ducks, geese and served, and dates of service. If found to LIFE SERVICE, DEPARTMENT OF THE coots, from November 6, 1973, through be eligible, a certification card will be INTERIOR January 20, 1974, inclusive; sandhill cranes, from October 27, 1973, through supplied to the applicant. PART 32— HUNTING (b) The Korean Service Bar, Viet­ January 27, 1974, inclusive, but only on nam Service Bar or a replacement of a J. Clark Salyer National Wildlife Refuge, the area designated by signs as open to bar described in § 350.5(a) (1) of this part N. Dak. hunting. This open area, comprising 3,320 may be purchased from the authorized The following special regulation is acres, is delineated on maps available distributor, A & N Trading Company, 714 issued and effective on October 4, 1973. at refuge headquarters, 13 miles north­ east of Roswell, New Mexico* and from 12th Street, NW., W ashington, D.C. 20005 § 32.12 Special regulations; migratory at a cost of fifty-five cents, prepaid by the Regional Director, Bureau of Sport game birds; for individual wildlife Fisheries and Wildlife, Post Office Box check or money order, payable to the refuge areas. vendor. Certification cards need not be 1306, Albuquerque, New M exico 87103. presented to the authorized vendor in North D akota Hunting shall be in accordance with all applicable State and Federal regulations order to purchase the boards. However, J. CLARK SALYER NATIONAL WILDLIFE REFUGE the wearing of any Merchant Marine covering the hunting of ducks, geese, decoration by other than authorized per­ Public hunting of geese on the J. Clark coots and sandhill cranes. sonnel is prohibited by law. Salyer National Wildlife Refuge, North The provisions of this special regula­ Dakota, is permitted from September 29 tion supplement the regulations which § 350.5 Replacements. through November 18, 1973, and the govern hunting on wildlife refuge areas (a) (1) The following may be replaced hunting of ducks and coots is permitted generally which are set forth in Title 50, if the bar is lost, destroyed, or rendered from September 29 through November 18, Code of Federal Regulations, Part 32, unfit for use, without fault or neglect on 1973, and the hunting of common snipe and are effective through January 27, the part of the owner: (Wilson’s) is permitted from Septem­ 1974. (1) Korean Service Bar. ber 29 through November 16, 1973, but O klahoma (ii) Vietnam Service Bar. only on the area designated by signs as SEQUOYAH NATIONAL WILDLIFE REFUGE (iii) Ribbon bars, previously issued for open to migratory waterfowl hunting. service in the United States Merchant This open area comprising 2,850 acres is Public hunting of ducks, geese and coots on the Sequoyah National Wildlife Marine during World War II, pursuant delineated on a map available at the ref­ to earlier Acts of Congress and Execu­ Refuge, Oklahoma, is permitted as fol­ tive Orders, now repealed. The ribbon uge headquarters, Upham; North Dakota, lows: Ducks and coots, from October 27 bars include the following: and from the Area Office, Bureau of Sport to November 18,1973, inclusive, and from (A) Atlantic War Zone Bar. Fisheries and Wildlife, Federal Building, December 8, 1973, through January 13, (B) Pacific War Zone Bar. Bismarck, North Dakota 58501-. Hunting 1974, inclusive; geese, from October 8, (C) Mediterranean—Middle East War shall be in accordance with all applicable through November 11,1973, inclusive, and from November 30, 1973, through Janu­ Zone Bar. State and Federal regulations subject to (D) Combat Bar. ary 5, 1974, inclusive, but only on three (E) Defense Bar. the following special conditions: areas designated by signs as open to (F) Victory Medal Bar. <1) Blinds—Temporary blinds of ap­ hunting. These open areas are delineated (2) The procedure set forth in section proved material may be constructed. on maps available at refuge headquar­ 350.4(b) of this part is to be complied (2) Retrieving zones—Retrieving zones ters, Sallisaw, Oklahoma, and from the with when purchasing a replacement. will be designated by signs. Possession of Regional Director, Bureau of Sport Fish­ eries and Wildlife, Post Office Box 1306, (b) The following decorations may be firearms in retrieving zones is prohib­ replaced at cost upon application to the Albuquerque, New M exico 87103. Hunting Office of Maritime Manpower, Maritime ited. shall be in accordance with all applicable Administration, Department of Com­ The provisions of this special regula­ State and Federal regulations covering merce, W ashington, D.C. 20230. tion supplement the regulations which the hunting of ducks, geese and coots (1) Distinguished Service Medal. govern hunting on wildlife refuges gener­ subject to the following special (2) Meritorious Service Medal. ally which are set forth in Title 50, Code conditions: (3) Mariner’s Medal. "(1) Hunting weapons of any kind are (4) Victory Medal. of Federal Regulations, Part 32, and are (5) Merchant Marine Medal. effective through November 18,1973. prohibited in areas not posted as open (6) Honorable Service Button. R obert C. F ields, to public hunting, except the Kerr-Mc- (c) If certification cards are lost or R efuge Manager, J. Clark Sal~ Clellan Navigation Channel where weap­ destroyed, replacements may be obtained yer National Wildlife Refuge, ons must be cased or broken down. upon application to the* Office of Mari­ Upham, North Dakota. (2) Camping or possession of firearms time. Manpower, Maritime Administra­ on the refuge at night is prohibited. tion, Department of Commerce, Wash­ September 26,1973. ington, D.C. 20230. [FR Doc.73-21121 Filed 10-3-73;8:45 am] The provisions of this special regula­ tion supplement the regulations which § 350.6 Unauthorized sale. govern hunting on wildlife refuge areas PART 32— HUNTING The sale of any Merchant Marine dec­ generally which are set forth in Title 50, orations by anyone other than an au­ Certain National Wildlife Refuges Code of Federal Regulations, Part 32, thorized distributor is prohibited by law. The following special regulations are and are effective through January 13, Dated October 1,1973. issued and are effective October 4, 1973. 1974.

FEDERAL REGISTER, VOL. 38, NO . 192— THURSDAY, OCTOBER 4» 1973 RULES AND REGULATIONS 27527

T ishomingo National W ildlife R efuge established for the regulation of the § 32.12 Special regulations; migratory hunting activity and shall furnish infor­ game birds; for individual wildlife Public hunting of ducks, geese and mation pertaining to their hunting, as refuge areas. coots on the Tishomingo National Wild­ requested. V ermont life Refuge, Oklahoma, is permitted only (7) Hunters must remain in their as­ on the area designated by signs as open signed blinds in Zone 1 and Zone 3, MISSISQUOI NATIONAL WILDLIFE REFUGE to hunting. This open area, comprising leaving them only to place decoys, re­ The public hunting of migratory game 3,170 acres, is delineated on maps avail­ trieve birds and decoys, or return to the birds on the Missisquoi National Wild­ able at refuge headquarters, Tishomingo, check station. Hunters may leave their life Refuge, Vermont is permitted only Oklahoma, and from the Regional Di­ blinds to check out only at 9:30 AM on the areas delineated on maps avail­ rector, Bureau of Sport Fisheries and and 11:30 AM. able at refuge headquarters, RD 2, W ildlife, Post Office Box 1306, Albu­ The provisions of this special regula­ Swanton, Vermont, 05488 and from the querque, New M exico 87103. Hunting tion supplement the regulations which Regional Director, Bureau of Sport Fish­ shall be in accordance with all appli­ govern hunting on wildlife refuge areas eries and Wildlife, U.S. Post Office and cable State and Federal regulations cov­ generally which are set forth in Title 50, Courthouse, Boston, Massachusetts ering the hunting of ducks, geese and Code of Federal Regulations, Part 32, coots subject to the following special 02109. Hunting shall be in accordance and are effective through January 13, with all applicable Federal and State reg­ conditions: 1974. (1) Ducks and coots may be him ted in ulations covering the hunting of migra­ T exas Zones 1 and 2 from one-half hour before tory game birds subject to the following special condition: 1. In the open area sunrise to 11:45 AM on Tuesdays, Thurs­ BRAZORIA NATIONAL WILDLIFE REFUGE south and east of State Route 78, with days, Saturdays, Sundays and National Public hunting of ducks, geese and holidays, from October 27 through No­ the exception of the lakeshore marsh coots on the Brazoria National Wildlife along Maquam Bay, no permanent blinds vember 18, 1973, inclusive, and from De­ Refuge, Texas, is permitted only on the are allowed. All materials used in blind cember 8,1973, through January 13,1974, area designated by signs as open to hunt­ inclusive. Duck hunting in Zone 2 will be construction must be removed from the ing. This open area, fcomprising approxi­ area daily. restricted to hunters with retrievers. mately 2,000 acres of Rattlesnake Island Geese may be hunted (Zone 3 only) The provisions of this special regula­ on the southeast side of the Intracoastal tion supplement the regulations which from one-half hour before sunrise to Waterway and adjacent to Christmas. 11:45 AM on Tuesdays, Thursdays, Sat­ govern hunting on wildlife refuge areas Dram and Bastrop Bays, is delineated on generally, which are set forth in Title 50, urdays, Sundays and all National holi­ maps available at refuge headquarters, days, from October 27 through Novem­ Code of Federal Regulation, Part 32, and Angleton, Texas, and from the Regional are effective through December 14, 1973. ber 11, 1973, inclusive, and from Novem­ Director, Bureau of Sport Fisheries and ber 39, 1973, through January 3, 19T4, W ildlife, Post Office Box 1306, Albu­ September 25,1973. inclusive. querque, New M exico 87103. Hunting R ichard E. G riffith, (2) An experimental program to eval­ shall be in accordance with all applicable Regional Director, Bureau of uate field use of iron shot shells will be State and Federal regulations subject to Sport Fisheries and Wildlife. conducted this season by the Bureau of the following special conditions: [FR Doc.73-21086 Filed 10-3-73;8:45 am] Sport Fisheries and Wildlife on the Tish­ (1) The open season for hunting ducks omingo National Wildlife Refuge. Iron and coots on the refuge extends from shot shells are available only in 12 gauge; November 10 through November 25,1973, PART 32— HUNTING therefore, shotguns of this gauge will be inclusive, and from December 8, 1973 the only legal firearm used in this hunt. through January 20, 1974, inclusive. Missisquoi National Wildlife Refuge, Vt. (3) Each hunter, as he checks into the (2) The open season for geese on the The following special regulation is is­ hunting area, will purchase from the refuge extends from October 29 through sued and is effective during the period check station attendant his iron shot for November 25, 1973, inclusive, and from November 15, 1973 through December 1, use in the hunt. All unused iron shot will December 8, 1973 through January 20, 1973. be retained by the hunter. It will be ille­ 1974, inclusive. gal to possess any other shells within the § 32.32 Special regulations: Big game; (3) Access to the hunting area is en­ for individual wildlife refuge areas. hunt area. tirely over public water routes. Travel (4) Sky-busting (in excess of 45 yards) across the refuge mainland to and from Vermont is against area regulations. Hunters in the area open to hunting is not per­ missisquoi national wildlife refuge violation will be removed from the blinds mitted. and their season’s hunting privileges will The provisions of this special regula­ The public hunting of deer on the Mis­ be revoked. tion supplement the regulations which sisquoi National Wildlife Refuge, Ver­ (5) In Zone 3 thirty-five goose blinds govern hunting on wildlife refuge areas mont is permitted only on the areas de­ are provided, and hunters will be as­ lineated on maps available at refuge signed to blinds by applying for a blind generally which are set forth in Title 50, reservation. Temporary blinds may not Code o f Federal Regulations, Part 32, and headquarters, RD 2, Swanton, Vermont be constructed in Zone 3. Eight duck are effective through January 20, 1974. 05488, and from thè Regional Director, blinds are provided in Zone 1, and hunt­ Bureau of Spori; Fisheries and Wildlife, ers will be assigned to these blinds on September 28, 1973. U.S. Post Office and Courthouse, Boston, first-come first-choice basis. Construc­ W. O. Nelson, Jr., Massachusetts 02109. Hunting shall be in tion of temporary blinds may be done in Regional Director, Bureau of accordance with all applicable State reg­ the pothole area in Zone 1. These blinds Sport Fisheries and Wildlife, may be placed where desired after giving Albuquerque, New Mexico. ulations covering the hunting of deer, subject to the following special condition: due consideration to safety and hunting [FR Doc.73-21088 Filed 10-3-73;8:45 am] opportunities of other sportsmen, but 1. During the regular season, rifles blinds must be at least 80 yards apart. may not be used on that part of the ref­ (6) Hunting in Zone 3 is by applica­ PART 32— HUNTING uge lying east of the Missisquoi River. tion, and actual blind assignment is de­ Missisquoi National Wildlife Refuge, Vt. The provisions of this special regula­ termined by a punchboard. Hunters will be accepted into Zone 1 on a first-come The following special regulation is is­ tion supplement the regulations which first-choice basis. All hunters, upon en­ sued and is effective during the period govern hunting on wildlife refuge areas tering or leaving the area, shall report at October 3, 1973 through December 14, generally, which are set forth in title 50, designated checking stations as may be 1973. Code of Federal Regulations, Part 32,

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27528 RULES AND REGULATIONS and are effective through December 1, period basis (e.g., per day, per-hour, or section; provided, however, that they 1973. per-shif t). shall otherwise be subject to the regula­ September 25,1973. Because the fees of these nurses are tions of Subpart I of Part 152 of this title strictly time-based and are -integrally governing pay adjustments in the health R ichard E. G riffith, related to pay adjustments of similarly industry. The term “fees”, as used in this Regional Director, Bureau of employed personnel in the larger labor section, includes those fees established Sport Fisheries and Wildlife. market, the Council believes it to be more for private duty nurses by a central {PR Doc.73-21087 Filed 10-3-73; 8:45 am] equitable to regulate the fees charged registry or association. by these particular nurses under the [PR Doc.73-21224 Piled 10-2-73; 1:00 pm] regulations governing pay adjustments PART 33— SPORT FISHING in the health industry rather than as Big Lake National Wildlife Refuge, prices charged by noninstitutional pro­ PART 150— COST OF LIVING COUNCIL viders of health services under the price PHASE IV PRICE REGULATIONS Arkansas regulations. This regulation also applies Special Rule No. 2—7-Certain Rubber The following special regulations are to fees established by a central registry Products Price Increases issued and are effective on October 31, or association for private duty nurses. 1973. The Council’s general wage and salary Special Rule No. 2 governing certain standard of a 5.5 percent increase per rubber products price increases is being § 33.5 Special regulations; sport fishing; annum, established in Phase II and in issued pursuant to the authority of for individual wildlife refuge areas, effect on January 10, 1973 would apply. § 150.220 of the Phase IV price regula­ tions. A rkansas Because the purpose of this amend­ ment is to provide immediate guidance The Cost of Living Council conducted BIG LAKE NATIONAL WILDLIFE REFUGE and information with respect to the ad­ public hearings on September 17,1973, to Trotline fishing on Big Lake National ministration of the Economic Stabiliza­ take testimony with respect to the impact Wildlife Refuge, Arkansas, will close on tion Program, the Council finds that on the economy on proposed price in­ October 31, 1973 rather than on Novem­ further notice and procedure thereon is creases by the rubber industry. The Coun­ ber 23, 1973 as previously announced. . impracticable and that good cause exists cil, having reviewed the hearing record, This action is necessary due to fluctuat­ for making it effective in less than 30 considered other data presented to the ing water levels and the failure of fisher­ days. Interested persons may submit Council and having analyzed the Notices men to pick up trotlines when not in use, communications regarding these regula­ of Proposed Price Increases submitted to thereby creating a safety hazard. Trot­ tions. Communications should be ad­ the Council, has concluded that, notwith­ lines must be removed from the refuge dressed to the Office of General Counsel, standing the fact that the proposed price by October 31,1973. All other regulations Cost of Living Council, Washington, D.C. increases were generally cost justified, pertaining to sport fishing remain in 20508. the implementation at this time, of full effect. In consideration of the foregoing, Sub­ prices increases for rubber tires and tube The provisions of these special reg­ part O of Part 150 of Chapter 1 of Title products would be of such magnitude and ulations supplement the regulationsr 6, Code of Federal Regulations is amend­ would have such an impact upon the which govern fishing on wildlife refuge ed as set forth below, effective October 1, economy as to be unreasonably inconsist­ areas generally which are set forth in 1973. ent with the goals of the Economic Sta­ Title 50, Code of Federal Regulations, (Economic StabUization Act of 1970, as bilization Program. Therefore, pursuant Part 33, and are effective through De­ amended, Pub. L. 92-210, 85 Stat. 743 (12 to the authority of § 150.154 of the Phase cember 31, 1973. U.S.C. 1904, note); Pub. L. 93-28, 87 Stat. 27; IV price regulations, the Council has con­ E.O. 11695, 38 PR 1473, E.O. 11730, 38 PR cluded that orders must be issued defer­ P hillip S. M organ, 19345, Cost of Living Council Order No. 14, ring the price increases prenotified by Acting Regional Director, Bu­ 38 FR 1489). firms in the rubber industry. By virtue of reau of Sport Fisheries and this special rule, the Council is setting W ildlife. Issued in Washington, D.C., on Octo­ ber 1, 1973. forth the general terms and conditions September 28,1973. J ohn T . D unlop, which it will apply to these proposed Director, Cost of Living Council. rubber price increases. The Council will [PR Doc.73-21120 Filed 10-3-73;8:45 am] supplement this special rule by individ­ 1. Subpart O of the table of sections ual decisions and orders issued to the Title 6— Economic Stabilization at the beginning of Part 150 is amended firms which have filed prenotifications. CHAPTER I— COST OF LIVING COUNCIL by adding the following section number These decisions and orders will imple­ and heading: § 150.503 Self-employed ment the general provisions of this spe­ PART 150— COST OF LIVING COUNCIL registered, practical, and trained nurses. cial rule as to each such individual firm PHASE IV PRICE REGULATIONS 2. Subpart O of Part 150 is amended in a manner consistent with the special Self-Employed Registered, Practical, and by adding a new § 150.503 to read as rule. Trained Nurses follow s: In consideration of the foregoing the The purpose of this amendment is to § 150.503 Self-employed registered, prac­ Appendix following Subpart J of Part add a new § 150.503 to Subpart O of Part tical, and trained nurses. 150, Title 6, Code of Federal Regulations 150 o f Title 6, Code o f Federal Regula­ Registered, practical, and trained is amended by adding Special Rule Num­ tions relating to price adjustments by nurses who charge fees for their services ber 2 as set forth below. certain registered, practical, and trained based solely on fixed time units, includ­ nurses. These nurses are presently con­ ing, but not limited to an hourly, shift, (Economic Stabilization Act of 1970, as sidered to be noninstitutional providers amended, Pub. L. 92-210, 85 Stat. 743; Pub. L. or daily basis are not subject to the price 93-28, 87 Stat. 27; E.O. 11695, 38 FR 1473; of health services thus making the fees adjustment provisions of § 150.502. Not­ E.O 11730, 38 FR 19345; Cost of Living Coun­ they charge subject to the price stabili­ withstanding the provisions of 6 CFR cil Order No. 14; 38 PR-1489) zation regulations. 300.19 or of any other economic stabili­ The Cost of Living Council has deter­ zation regulations, these registered, prac­ Issued in Washington, D.C., on Octo­ mined that the 2.5 percent. annual ag­ tical and trained nurses may adjust their ber 2,1973. gregate price increase limitation of Price fees within the guidelines established in J ohn T. D unlop, Stabilization Regulation 6 CFR 300.19 6 CFR 300.18(d) governing permissible Director, causes certain inequitable results when aggregate wage and salary increases in­ Cost of Living Council. applied to independent or self-employed curred by institutional providers of Special R ule Number 2 registered, practical, and trained nurses health services and included in determin­ 1. Scope. This special rule applies to all who charge for their services on a time ing allowable price increases under that firms which have prenotified proposed price

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 RULES AND REGULATIONS 27529 increases for tire and tube rubber products preamble to that amendment the Cost In 6 CFR Part 152, § 152.92 is amended in Standard Industrial Code 3011. of Living Council has determined that by designating the existing material as 2. Rubber products. Proposed price in­ the fees charged by certain self-employed paragraph (a) and by adding a new creases for tire and tube rubber products paragraph ( b ) . As amended, § 152.92 may be implemented in accordance with registered, practical, and trained nurses the provisions of this paragraph. are more equitably controlled under the reads as follows:. a. No firm may place into effect a price regulations governing pay adjustments in § 152.92 Pay adjustments affecting em­ increase on these rubber products (SIC 3011), the health industry rather than under, ployees in the health industry. prior to October 8,1973. the regulations governing prices charged b. Effective October 8, 1973, firms may in­ by noninstitutional providers of health (a) General. Pa: adjustments affect­ crease prices above base prices for these rub­ services. Since these nurses are not other­ ing employees in the health industry- re­ ber products which do not exceed, on the wise covered by the Phase IV pay regula­ main subject to the classification, pre- average, a dollar-for-dollar pass-through of tions, a conforming amendment is neces­ notification, and reporting'requirements one half of the allowable prenotified price of the Council and the rules and regula­ increase. sary to include them within the coverage c. Effective January 1, 1974, firms may re­ of Subpart I. tions of the Pay Board in effect on Janu­ submit proposed price increases for these Because the purpose of this amend­ ary 10, 1973. The Cost of Living Council rubber products. ment is to provide immediate guidance shall succeed to and assume all applicable 3. Decisions and orders. The Council will and information with respect to the ad­ rights, duties, and obligations of the Pay issue to each firm prior to October 8, 1973, ministration of the Economic Stabiliza­ Board contained therein. Whenever au­ a decision and order specifying implementa­ tion Program, the Council finds that thorizations from or reports to the Pay tion of proposed price increases for these further notice and procedure thereon is rubber products in accordance with the pro­ impracticable and that good cause exists Board are required under those rules and visions of this special rule. for making it effective in less than 30 regulations, such authorizations shall be 4. Reservation. This rule may be modified, days. Interested persons may submit obtained from and reports made to the revoked or otherwise altered by the Council communications regarding this amend­ Council in the form and within the time in accordance with the provisions of the ment. Communications should be ad­ required under regulations of the Pay Phase IV price regulations. dressed to the Office of General Counsel, Board in effect on January 10,1973. Cost of Living Council, Washington, D.C. [FR Doc.73-21323 Filed 10-3-73; 10:45 am] 20508. (b) Special rule. For purposes of this In consideration of the foregoing, Sub­ subpart, the term “pay adjustments af­ PART 152— COST OF LIVING COUNCIL part I of Part 152 of Chapter 1 of Title 6, fecting employees in the health industry” PHASE IV PAY REGULATIONS Code of Federal Regulations is amended includes payments to self-employed reg­ as set forth below, effective October 1, istered, practical, and trained nurses who Pay Adjustments Affecting Employees In 1973. the Health Industry charge fees for their services based solely (Economic Sabilization Act of 1970, as on fixed time units including, but not The purpose of this amendment is to amended, Pub. L. 92-210, 85 Stat. 743 (12 add a new paragraph to § 152.92 o f Sub­ U.S.O. 1904, note); Pub. L. 93-280, 87 Stat. limited to, an hourly, shift, or daily basis, part I of Part 152 of Title 6, Code of 27; E.O. 11695, 38 FJt. 1473, E.O. 11730, 38 and who are subject to the provisions of F.R. 19345, Cost of Living Council Order No. § 150.503 o f this chapter. For purposes of Federal Regulations in order to conform 14, 38 F.R, 1489). this paragraph, the term “fees” includes Subpart I to an amendment being made Issued in Washington, D.C. on October to Subpart O of Part 150 o f Title 6, Code those fees established by a central reg­ 1, 1973. istry or association for such nurses. of Federal Regulations which adds a new John T. D unlop, § 150.503. For reasons set forth in the Director, Cost of Living Council. [FR Doc.73-21226 Filed 10-2-73;!: 00 p.m.J

FEDERAL REGISTER, V O L 38, N O . 192— THURSDAY, OCTOBER 4, 1973 27530 ______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 2. The amount of the national acreage(Sec. 1102, 49 Stat. 647 (42 U.S.C. 1302). allotment. (Catalog of Federal Domestic Assistance Agricultural Stabilization and Conservation Program No. 13.761, Public Assistance-Main­ Consideration will be given to data, tenance Assistance (State Aid).) Service views, and recommendations pertaining [ 7 CFR Part 729 ] to the proposed determinations covered^ Dated September 5, 1973. PEANUTS by this notice which are submitted in' James S- D wight, Jr., writing to the Director, Tobacco and Administrator, Social and Proposed Proclamation With Respect to Peanut Division, Agricultural Stabiliza­ Rehabilitation Service. 1974 National Marketing Quota, National tion and Conservation Service, United Acreage Allotment, Apportionment of States Department of Agriculture, Wash­ Approved September 28, 1973. National Acreage Allotment to States ington, D.C. 20250. All written submis­ F rank Carlucci, The Secretary of Agriculture is re­ sions made pursuant to ths notice will Acting Secretary. quired by section 358(a) of the Agricul­ be made available for public inspection tural Adjustment Act o f 1938, as at such times and places and in a man­ Part 235 o f Chapter II of Title 45 of amended (7 U.S.C. 1358(a)), to proclaim, ner convenient to the public business (7 the Code of Federal Regulations is between July 1 and December 1 of each CFR 1.27(b)). All submissions must, in amended by adding a new § 235.75, as calendar year, the amount of the na­ order to be sure of consideration, be post­ set forth below: tional marketing quota for peanuts for marked not later than October 15, 1973. § 235.75 Establishing paternity and se­ the crop produced in the next succeed­ Signed at Washington, D.C., on Sep­ curing support for children receiving ing calendar year. The amount of such tember 28, 1973. Aid to Families with Dependent Chil­ quota is the total quantity of peanuts dren. which will make available for marketing K enneth E. P rick, (a) State plan requirements. A State a supply of peanuts from the crop with Administrator, Agricultural Sta­ plan under title IV-A of the Social Se­ respect to which the quota is proclaimed bilization and Conservation curity Act must provide: equal to the average quantity of pea­ Service. (1) For a program, with respect to nuts harvested for nuts during the five [PR Doc.73-21138 PUed 10-3-73:8:45 am] children receiving AFDC, under which years immediately preceding the year the agency will undertake: in which such quota is proclaimed, ad­ DEPARTMENT OF HEALTH, (1) To establish the paternity of, and justed for current trends and prospective EDUCATION, AND WELFARE secure support for, a child born out of demand conditions. wedlock, and Section 358(a) of the act further pro­ Social and Rehabilitation Service (ii) To secure support for a child de­ vides that the national marketing quota [4 5 CFR Part 2 3 5 ] serted or abandoned by his parent, from for peanuts shall be converted to a na­ such parent or any other legally liable tional acreage allotment by dividing ADMINISTRATION OF FINANCIAL person, using reciprocal arrangements such quota by the normal yield per acre ASSISTANCE PROGRAMS with other States to obtain or enforce of peanuts for the United States deter­ Establishing Paternity and Securing Sup­ court orders for support. mined by the Secretary on the basis of port for Children Receiving Aid to Fam­ (2) For the establishment of a single the average yield per acre of peanuts ilies With Dependent Children organizational unit in the State agency in the five years preceding the year in Notice is hereby given that the regu­ and in large local agencies to administer which the quota is proclaimed, with such the program' referred to in paragraph adjustment as may be found necessary lations set forth in tentative form below are proposed by the Administrator, So­ (a) (1) of this section. to correct for trends in yields and for (3) For cooperative arrangements with abnormal conditions of production af­ cial and Rehabilitation Service, with the approval of the Secretary of Health, appropriate courts and law enforcement fecting yields. officials: Section 358(a) of the act also requires Education, and Welfare. The proposed regulations relate to establishing .pater­ (i) To assist the agency in carrying that the national marketing quota be a out the program, and with respect to any quantity of peanuts sufficient to provide nity of children bom out of wedlock and securing support for such children and other matters of common concern; a national acreage allotment of not less tions thereto which are submitted in (ii) To reimburse them for such as­ than 1,610,000 acres. deserted, and are receiving APDC. sistance; and Section 358(c) (1) of the act (7 U.S.C. (iii) To provide them with pertinent 1358(c)(1)) provides that the national Prior to the adoption of the proposed regulations, consideration will be given information needed in locating putative acreage allotment for any year shall be or deserting fathers, establishing pater­ apportioned among the States on the to any comments, suggestions, or objec- tios thereto which are submitted in nity and securing support, including im­ basis of their shares of the national acre­ writing to the Administrator, Social and mediate referral of the case record when age allotment for the most recent year Rehabilitation Service, Department of requested by law enforcement officials, in which such apportionment was made. Health, Education, and Welfare, 330 In­ under agreement that such information Pursuant to this provision of the act, dependence Avenue, SW, Washington, will be used only for the intended pur­ the national acreage allotment for the D.C. 20201, before Nov. 5, 1973. pose. 1974 crop of peanuts will be apportioned Comments received will be available for (4) That the agency will cooperate to States on the basis of their shares of public inspection in Room 5224 o f the with the State welfare agencies respon­ the 1973 national acreage allotment. Department’s offices at 330 C Street, SW, sible for the AFDC program in other The subjects and issues involved in the proposed determinations are: Washington, D.C., on Monday through States, in locating the parent of an AFDC 1. The amount of the national mar­Friday of each week from 8:30 a.m. to S' child against whom a support petition keting quota. p.m. (area code 202-962-4451). has been filed' in another State, and in

FEDERAL REGISTER, VOL. 38, NO. 192— -THURSDAY, OCTOBER 4, 1973 PROPOSED RULES 27531 attempting to secure the parent’s com­ tion in the computation of the reserve 2. The valuations of customers’ fully paid pliance with a court order for support, requirement prescribed by* Rule 15c3-3 securities and excess margin securities in re­ when such parent is now residing in the spondent’s physical possession or control and a schedule setting forth such com­ need not be included in the answers. For the agency’s own State. putation at the financial statement date. purpose of this questionnaire the terms (5) That clearance procedures estab­ 2. Requiring separate reporting under “fuUy paid securities,” “excess margin secu­ lished with the Internal Revenue Serv­ Question 4E of balances with clearing rities” and “physical possession or control” ice will be used to secure the address of organizations representing securities shall have the meanings found in the appli­ parents of AFDC children whose location borrowed or failed to deliver and securi­ cable provisions of Rule 15c3-3. is unknown and who are failing to com­ ties loaned or failed to receive. The following question in Part I of the ply with existing court orders for sup­ 3. Changing the reporting require­ port payments or against whom petitions ments of Question 6—Customers’ Secu­ Questionnaire would be amended to read for orders of support have been filed. rity Accounts as follows: as follows: (6) That the State agency shall submit (a) Question 6A—Cash Accounts— Question 1—Bank Balances and Other De­ monthly statistical report of paternity from reporting accounts which are “cur­ posits. and child support activities in the form rent” within the meaning of section 4(c) State separately total of each kind of de­ and containing the information pre­ of Regulation T 1 to reporting such ac­ posit (cash and/or market value of securi­ scribed by the Secretary. counts as being “governed” by section ties) with adequate description. This shall (b) Federal financial participation. 4(c) of Regulation T. include cash on hand; cash in banks repre­ senting funds subject to immediate with­ (1) Federal financial participation at (b) A new Question 6H for reporting drawal; “Special Reserve Bank Account for the 50 percent rate is available for the fully paid securities borrowed from cus­ the Exclusive Benefit of Customers” ; “Spe­ following: tomers pursuant to specific written agree­ cial Account for the Exclusive Benefit of (1) Costs, including salaries and ex­ ment. Customers” ; cash in banks subject to with­ penses, of State or local agency staff (c) A new Question 61 to report the al­ drawal restrictions; cash and securities seg­ engaged in locating and . planning with lowance for customers’ accounts doubt­ regated pursuant to regulations of any deserting or putative fathers; assessing ful of collection by class of accounts. agency of the Federal Government, any state, potentials and determining appropriate any national securities exchange or national 4. Clarifying the Audit Requirements securities association; contributions to clear­ actions; developing voluntary support; to indicate that (a) the scope of the re­ ing organizations incident to membership; assisting relatives to file petitions for the view and tests of the accounting system, deposits with clearing organizations in con­ establishment of paternity; reuniting internal accounting control and proce­ nection with commitments; guaranty and families; cooperative planning with ap­ dures for safeguarding securities shall be margin deposits; good faith deposits (see propriate courts and law enforcement Note 3 to Question 14); drafts with securities sufficient to provide “reasonable assur­ attached deposited for collection. officials; collection of support payments, ance that any material inadequacies ex­ accounting for such funds, and deter­ Note.—In support of the amount in the isting at the date of the examination “Special Reserve Bank Account for the Ex­ mining the effect of support funds on would be disclosed” ; * (b) the report on clusive Benefit of Customers” submit a sched­ eligibility or assistance payments. the above review shall be filed concur­ ule of the computation required under Rule (ii) Cost, including direct and indirect, rently with the report on Form X-17A-5; 15c3-3(e) in the form prescribed in Exhibit of reimbursing courts and law enforce­ and, (c) if the review did not disclose any A of Rule 15c3-3. The computation shall be ment officials under plans of cooperation material inadequacies the accountant as of the audit date and shall be accom­ panied by a reconciliation of the amounts set approved by the single State agency for shall so report. their assistance to the State or local forth in the schedule with the amounts agency in respect to its program to secure 5. Adding Items 10 and 11 to the Audit reported elsewhere in this Questionnaire. A support and establish paternity. Requirements relating to review of com­ schedule shall be submitted even though no pliance with: deposit was required to be maintained as a (2) Federal financial participation at result of the computation unless the member, the 75 percent rate is available in the cost (a) Section 4(c) of Regulation T. broker or dealer is exempt from Rule 15o-3-3 of training provided to public welfare (b) Paragraphs (e) and (f) of § 221.2 by any provision of paragraph (k) of that staff by court and other law enforcement of Regulation U. rule. If the member, broker or dealer was not officials. (c) The provisions of Rule 15c3-3. required to maintain a “Special Reserve Bank Account for the Exclusive Benefit of Custom­ (3) Federal financial participation is 6. Requiring separate disclosure of ers” because he was exempt from Rule 15c not available in the ordinary adminis­ amounts receivable from others for se­ 3-3, a note shall so state. trative costs of the judiciary system. curities shipped “free” to such parties. Question 4—Other Open Items With [PE Doc.73-21139 Filed 10-3-73;8:45 am ] In addition, a number of minor changes have been made to clarify exist­ Brokers and Dealers. Items A, B, and SECURITIES AND EXCHANGE ing requirements. Note 1 would be amended and Items E, F, COMMISSION The amendments are proposed to be and Note 4 added as follows: adopted pursuant to the provisions of the State separately totals of ledger debit bal­ [ 17 CFR Part 2 4 9 ] Securities Exchange Act of 1934, par­ ances; ledger credit balances; long security [Release No. 34^10392] ticularly sections 10(b), 15(c)(3), 17(a) valuations; short security valuations, and and 23(a) thereof. classify as follows; ANNUAL REPORT OF MEMBERS, BROKERS The text of the proposed amendments A. Securities borrowed (i.e., amount to be AND DEALERS received from others upon return to them of to Form X -17A -5 are set forth below: securities borrowed by respondent): Notice of Proposed Amendments to General Instruction B. 2 shall be 1. For settlement of customers’ transac­ Form X-17A-5 amended to read as follows: tion. In view of the developments in the a. Short sales. securities industry since 1967 which have b. All other transactions. affected the auditing and regulation of 1 Regulation T of the Board of Governors 2. For settlement of accounts reportable brokers and dealers the Commission to­ of the Federal Reserve System, 12 CFR 220.4 under 8 or 9.B. (c). 3. For settlement accounts reportable un­ day announced a proposal to amend 3 This change is necessary to clarify that der 9A, 10,11 and 12. Form X-17A-5 (17 CFR 249.617), the the scope of the accountant’s review required B. Securities failed to deliver (i.e., amount annual report of members, brokers and shall extend over the entire area of account­ to be received from brokers and dealers upon dealers pursuant to section 17(a) of the ing control rather than be limited to the ex­ delivery of securities sold by respondent): Securities Exchange Act o f 1934 and Rule tent necessary to provide “a basis for reliance 1. Customers’ securities. 17a-5 thereunder. The principal pro­ thereon and for the determination of the resultant extent of the tests to which audit­ 2. Securities reportable under 8 or 9JB. posed amendments are intended to revise ing procedures are to be restricted”. See 3. Securities reportable under 9A., 10, 11 and improve the content of the annual American Institute of Certified Public Ac­ and 12. report and the audit requirements by: countants—Statement on Auditing Stand­ C. Securities loaned (Le„ amount to be 1. Requiring separate reporting of cer­ ards 1, Codification of Auditing Standards paid to others upon return of securities tain amounts given specific considera­ and 'Procedures, particularly at 150.02. loaned by respondent):

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27532 PROPOSED RULES

1. Customers’ securities. 1. Accounts with debit balances. 7 and 8 to Question 6 shall not apply to this 2. Securities reportable under 8 or 9.B. 2. Accounts with credit balances. Question. 3. Securities reportable under 9.A, 10, 11 B. Seemed Accounts : and 12. 1. Accounts with debit balances. Question 10—Trading and Investment D. Securities failed to receive (i.e., amount 2. Accounts with credit balances. Accounts of Respondent. to be paid to brokers and dealers upon re­ C. Partly seemed accounts (accounts liq­ A new note 4 would be added as fol­ ceipt of securities purchased by respondent): uidating to a deficit) : 1. For customers. 1. Accounts with debit balances. lows: 2. For accounts reportable under 8 or 9.B. 2. Accounts with credit balances. Notes.— 1. Ledger balances may be com­ 3. For accounts reportable under 9.A, 10, 11 D. Unsecured accounts. bined with respect to all security accounts, and 12. E. Accounts with credit balances having and also with respect to all spot (cash) com­ a. Sold at a date of report. open contractual commitments. modity accounts. b. Unsold at date of report. F. Accounts with free credit balances. 2. Treasury stock of respondent shall not E. Balances with clearing organizations G. Excess Margin Securities and Fully Paid be included hereunder. (representing securities borrowed or failed to Securities Not in Possession or Control: 3. In the case of a sole proprietor, see deliver; and securities loaned or • failed to 1. Fully paid securities not in physical General Instructions B.9. receive): / possession or control and excess margin se­ 4. State separately or in a footnote short 1. For customers. curities for which instructions to place in seemity valuations attributable to principal 2. Securities reportable under Questions 8 physical possession or control had beèn Is­ sales to customers included in the answer to and 9.B. sued and which are not in physical posses­ Question 10.A. 3. Securities reportable under Questions sion or control. 9.A, 10,11 and 12. 2. Excess margin securities for which in­ Question 13—Other Accounts, etc. F. Free shipments (i.e., amount to be re­ structions to place in physical possession or This question would be amended to ceived from others for securities already sent control had not been issued. read as follows: to them not accompanied by documents re­ H. Fully paid securities borrowed from cus­ quiring payment upon delivery); tomers pursuant to specific written agree­ State details (ledger balances, valuations Notes.— 1. Where it is impractical or un­ ments. of securities and spot (cash) commodities; duly expensive to allocate all securities bor­ I. Allowance for customers’ accounts status of future commodity positions; and rowed and loaned and all securities failed to doubtful of collection. any other relevant information) of any ac­ deliver and failed to receive to each category Notes.—1. All unsecured cash accounts counts which have not been included in one in A, B, C and D, proper allocation shall be shall be reported under D and partly seemed of the answers to the above questions. These made to the extent feasible and all other accounts deemed doubtful of collection shall shall include: accounts for exchange mem­ such ledger balances and security valuations be reported under C. berships; furniture, fixtures, and other fixed shall be reported under Items A.3, B.3, 0.1, or * * * * * assets; valuation reserves; funds provided or D.l, respectively. deposited by the respondent as margin in 2. State separately or in a- footnote the 6. State separately or in a footnote, de­ joint accounts; revenue stamps; dividends totals of ledger debit balances; ledger credit scription, quantity, price and valuation of receivable, payable and unclaimed; floor balances; long security valuations; short se­ any specific seemity included in the long brokerage receivable and payable, commis­ curity valuations, for transactions outstand­ security valuations at B.l and C.1 and which sions receivable and payable, advances to ing 30 calendar days or longer included in exceeds 15 percent of the aggregate securi­ salesmen and other employees; commodity the answers to Question 4.B, (Securities ties valuations reported at these two ques­ difference account; goodwill; organization Failed to Deliver); and Question 4.D. (Secu­ tions. expense, prepaid expenses and deferred rities Failed to Receive). The amounts re­ 7. State parenthetically or in a footnote charges; liability reserves; mortgage payable; ported for Question 4.B shall be classified in the aggregate market valuation of fully paid other liabilities and deferred credits; market accordance with the period that the trans­ securities reported under G.l for which in­ value of securities borrowed (other than for actions have been outstanding; 30 to 39 cal­ structions to place in physical possession or delivery against customers’ sales) to the ex­ endar days; 40 to 49 calendar days; 50 to 59 control had not been issued. tent to which no equivalent value is paid or calendar days; and 60 or more calendar days. 8. State separately or in a footnote the credited; drafts payable (issued in settlement 3. Where it is impractical or unduly ex­ amount of seemities included under G.l on of customers’ credit balances); long security pensive to allocate the ledger balance to each the audit date which had not been reduced to count difference valuations; and other ac­ category in E, a net amount may b© reported possession or control within the time periods counts not specifically mentioned herein. and the balance shall be so indicated. Secu­ specified in the subparagraphs of Rule 15c3- Notes.—1. Any liability reported under rity valuations shall be allocated to E.l, 2 3(d) and indicate any subsequent disposition this question secured by collateral in any and 3 to the extent feasible and all other of such amounts. form shall be identified by reference to the such security valuations shall be reported 9. State separately or in a footnote the allo­ related, collateral. under E.l. cation of the allowance for customers’ ac­ 2. State in a footnote (a) long seemity The caption to Question 5 would be counts doubtful of collection to each of the count difference valuations and short se­ several categories of customers’ debit emity count difference valuations classified amended to read as follows: balances. in accordance with the date of the physical Question 5-—Valuation of Securities and count and verification pursuant to Rule 17a-5 Spot (Cash) Commodities in Box, Deposi­ Question 8—Accounts of Officers and or 17a-13 in which they were discovered, and tories, Transfer and Transit. Directors. (b) the value of long security count differ­ The present note would be redesig­ The note would be redesignated Note 1 ences sold and short security count differ­ and the Note 2 would be added: ences bought-ln to resolve differences since nated Note 1 and the following Note 2 the last report on Form X-17A-5 classified in would be added: Notes.—1. If an individual is both an offi­ accordance with the date that the related Notes.—1. Question 5 requires entries in cer and a director, classify the accounts differences were discovered. short valuation column only. under 8A. 3. State in a footnote the number of se­ 2. State separately or in a footnote the 2. All “excess margin” and “fully paid se-. curities in which there were long security market value of securities which have been curities” of officers and directors shall be re­ count differences; the number in which there in transfer in excess of 40 calendar days and ported together and Notes 7 and 8 to Question were short seemity count differences; and have, not been confirmed to be in transfer by 6 shall not apply to this Question. the total number of securities in which there the transfer agent or the issuer during the Question 9—General Partners’ Indi­ were positions as of the audit date. 40 days. 4. State separately or in a footnote (a) the Question 6—Customers’ Security Ac­ vidual Accounts. market value of stock dividends, stock splits counts. Items A, G and Note 1 would be A new Note 3 would be added as fol­ and similar distributions receivable outstand­ lows: ing over 30 calendar days, (b) market value amended and Items H, I and Notes 6, of short security count difference valuations 7, 8 and 9 would be added as follows: Notes.—1. Total valuations of “exempted over 30 calendar days old, and (c) ledger State separately totals of ledger debt bal­ seemities” reported in answer to Question credit balances and short security valuations ances; ledger credit balances; long security 9.A shall be stated separately. in all suspense accounts over 30 calendar valuations; short security valuations and 2. The noncapital accounts of partners days. classify as follows: other than general partners shall be included A. Cash accounts (i.e., accounts governedeither with customers’ accounts in the appro­ Audit Requirements. The introductory by Section 4(c) of Regulation T of the Board priate classifications of Question 6 and 7 or, paragraph and Item 2 would be revised of Governors of the Federal Reserve System) where apnl’ cable, in Question 12. and Items 10 and 11 added as follows which have both unsettled money balances 3. All “excess margin” and “fully paid se­ and positions in securities: emities” shall be reported together and Notes (deletions are lined through):

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 PROPOSED RULES 27533

The audit shall be made in accordance 2. Account for by physical examination (c) If respondent is exempt from Rule with generally accepted auditing standards and comparison with the books and records: 15c3-3, the independent public accountant and shall include a review of the accounting all securities, including customers’ fully shall ascertain that the conditions of the system, the internal accounting control and paid and excess margin securities; material exemption were being complied with as of procedures for safeguarding securities in­ amounts of currency and tax stamps; ware­ the examination date and that no facts came cluding appropriate tests thereof for the pe­ house receipts; and other assets on hand, to his attention to indicate that the exemp­ riod since the prior examination date. The in vault, in box or otherwise in physical tion had not been complied with during the scope of such review and tests shall be suf­ possession. Control shall be maintained over period. ficient to provide reasonable assurance that such assets during the course of the physical (Sections 17(a), 23(a), 48 Stat. 897,901, sec. any material inadequacies existing at the examination and comparison. 4, 8, 49 Stat. 1379, sec. 5, 52 Stat. 107, sec. 10, date of the examination would be disclosed. (10) Review and test respondent’s proce­ 78 Stat. 580, 15 U.S.C. 78s (a), 78w (a).) The audit shall include all procedures neces­ dures relating to: sary under the circumstances to substantiate (a) Compliance with the requirement for All interested persons are invited to the assets and liabilities and securities and the prompt payment for securities pursuant submit their views and comments on the commodities positions as of the date of the to section 4(c) of Regulation T of the Board foregoing proposals to amend Form X - responses to the financial questionnaire and of Governors of the Federal Reserve System; 17A-5 to George A. Fitzsimmons, Secre­ to permit the expression of an opinion by the and, independent public accountant as to the fi­ (b) Compliance with requirements to tary, Securities and Exchange Commis­ nancial condition of the respondent at that hypothecation of customers’ and respond­ sion, 500 North Capitol Street, NW., date. Based upon such audit, the accountant ent’s securities pursuant to section 22112(e) Washington, D.C. 20549, on or before O c­ shall concurrently comment upon any ma­ and (f) of Regulation U of the Board of Gov­ tober 31, 1973. Such communications terial inadequacies found to exist in: (a) the ernors of the Federal Reserve System. should refer to File No. S7-496. All such accounting system; (b) the internal ac­ - (11) (a) Review the procedures followed in communications will be available for making the periodic computations and counting control; (c) procedures for safe­ deposits required under the provisions of public inspection. guarding securities; and, (d) the practices paragraph (e) and Exhibit A of Rule 15c3-3. By the Commission. and procedures whose review is specified in (b) Review the procedures followed in ob­ Items 8, 9, 10 and 11 below; and shall indi­ taining and maintaining physical possession [ s e a l ] G e o r g e A. F i t z s i m m o n s , cate any corrective action taken or proposed. or control of all fully paid and excess margin Secretary. If the audit did not disclose any material securities of customers as required under the S e p t e m b e r 14, 1973. Inadequacies, the accountant shall so report. provisions of Rule 15c3-3. [FR Doc.73-21131 Filed 10-3-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 No. 192- -5 27534 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 India rupee: 824(d)), and pursuant to the authority September 17, 1973...... $0.1290 granted to the Director of the Bureau of Comptroller of the Currency September 18, 1973______. 1285 Narcotics and Dangerous Drugs, under September 19, 1973______.1290 REGIONAL ADVISORY COMMITTEE ON September 20, 1973______. 1290 § 0.100, Title 28, Code of Federal Regula­ BANKING POLICIES AND PRACTICES OF September 21, 1973...... 1290 tions, as amended, the Director coinci­ THE THIRTEENTH NATIONAL BANK Ireland pound: dent with the issuance of this Order to REGION September 17, 1973______$2.4110 Show Cause, ordered the Immediate Sus­ September 18, 1973______2.4165 Notice of Closed Meeting pension of the above BNDD Registration. September 19, 1973______2.4180 This action was taken in view of the seri­ Pursuant to section 10(a) (2) of the September 20, 1973______v 2- 4210 ous nature of the aforesaid criminal vio­ Federal Advisory Committee Act (Pub­ September 21, 1973_____ —______2.4240 lation and the material misstatement lic Law 92-463), notice is hereby given New Zealand dollar: For the period September 17 through Sep' and falsification, and therefore, the Di­ that a closed meeting of the Comptroller tember 21,1973, rate of $1.4750. rector determined that for the respond­ of the Currency’s Regional Advisory Norway krone: ent to retain its Certificate of Registra­ Committee on Ranking Policies and September 19, 1973_...... $0.1805 tion, during the pendency of these pro­ Practices of the Thirteenth National United Kingdom pound: ceedings, would result in imminent Bank Region will be held at 9 a.m. on September 17, 1973—______$2.4110 danger to the public health and safety. October 19, 1973, at the Lone Mountain September 18, 1973—...... 2.4165 Thereafter, the respondent requested a Guest Ranch, Rig Sky, Montana. September 19, 1973—______2.4180 September 20, 1973— 2.4210 hearing in the matter and, on June 21, The purpose of this meeting is . to as­ September 21, 1973— 2.4240 1973, that hearing was held before sist the Regional Administrator and Charles W. Schneider, Administrative Comptroller of the Currency in a contin­ [SEAL] R . N. M arra, Law Judge. Following that hearing, pro­ uing review of bank regulations and poli­ Director, Appraisement and posed findings of fact and conclusions of cies. The meeting will also apprise agency Collections Division. law were submitted to Judge Schneider officials of current conditions and prob­ [FR Doc.73-21117 Filed 10-3-73:8:45 am] by the Office of Chief Counsel, Drug En­ lems banks are experiencing in the Thir­ forcement Administration. teenth National Bank Region. DEPARTMENT OF JUSTICE On July 13, 1973, Judge Schneider filed It is hereby determined pursuant to the following recommended findings of section 19(d) of Public Law 92-463 that Drug Enforcement Administration fact and conclusions of law, and his rec­ the meeting is concerned With matters [Docket No. 73-10] ommended decision, with the Drug En­ listed in section 552(b) of Title 5 of the forcement Administration: United States Code and particularly with AFRO-AMERICAN PHARMACY, INC. exceptions (3), (4), and (8) thereof, and Revocation of Certificate of Registration On "May 9, 1972, the Bureau issued to the is therefore exempt from the provisions Respondent Pharmacy registration certificate of section 10 (a)(1) and (a)(3) of the On March 22,1973, the Director of the No. AA3905239, bearing an expiration date of Bureau of Narcotics and Dangerous June 30, 1973. The registration authorized Act (Public Law 92-463) relating to open the Respondent to dispense certain con­ meetings and public participation there­ Drugs issued an Order to Show Cause to A fro-Am erican Pharmacy, Inc., 2400 trolled substances pursuant to the provi­ in. sions of section 303 of the Act. This Regis­ West Madison Street, Chicago, Illinois, tration was a renewal of similar annual cer­ Dated September 28, 1973. as to why its Certificate of Registration tificates Issued to the Respondent by the [ s e a l ! J a m e s E . S m i t h , (BNDD Registration NO. AA3905239), is­ Bureau for the 2 previous years, 1971 and Comptroller of the Currency. sued on May 9, 1972, should not be re­ 1972. voked “ * * * for the reasons that on or The Respondent’s registration certificates [PR Doc.73-21116 Filed 10-3-73;8:45 am] about April 5, 1972, Clifford T. Green, for the years ending June 30, 1972 and June President of Afro-American Pharmacy, 30, 1973 were issued pursuant to separate Inc., was convicted of a violation of the written applications therefor executed on be­ United States Customs Service laws of the State of Louisiana, a felony half of the Respondent by Clifford T. Green [T.D. 73-274] on, respectively, April 2, 1971 and May 2, violation of said laws relating to con­ 1972. According to the Respondent’s 1972 FOREIGN CURRENCIES trolled substances, as defined by the Annual Report, Clifford T. Green is the Re­ Comprehensive Drug Abuse Prevention spondent’s president and sole director. The Certification of Exchange Rates and Control Act of 1970; and on May 2, only other officer of the Respondent listed in The Federal Reserve Rank of New 1972, he executed an Application for R eg­ that report is Henry G. Fort, secretary- York, pursuant to section 522(c), Tariff istration, under the Controlled Sub­ treasurer. Act of 1930, as amended (31 U.S>C. 372 stances A ct o f 1970, as President of the Each of the applications in 1971 and 1972 applicant corporation, whereon he denied required answer to the following question: (c)), has certified the following rates of “ (b) Has the applicant or any officer or exchange which varied by 5 per centum ever having ‘. . . been convicted of a partner of the applicant been convicted of a or more from the quarterly rate pub­ felony under State or Federal law relating felony under state or federal law relating to to the manufacturer, distribution, or dis­ lished in Treasury Decision 73-190 for the the manufacture, distribution or dispensing pensing of controlled substances,’ thereby of controlled substances?” following countries. Therefore, as to en­ materially falsifying the Application for In each instance the application bears the tries covering merchandise exported on Registration of Afro-American Phar­ response “no” to that question. These repre­ the dates listed, whenever it is necessary macy, Inc. required to be filed by the sentations were false. The record discloses for Customs purposes to convert such Controlled Substances Act.” that on March 29, 1962, Clifford T. Green was In addition, and in accordance with convicted in a State Court in the State of currency into currency of the United Louisiana of the unlawful sale of a narcotic States, conversion shall be at the follow­ the provisions of section 304(d) of the drug, namely 30 Dilaudid tablets» “in viola­ ing daily rates: Controlled Substances Act (21 U.S.C. tion of [Louisiana] R.S. 40:962.” On April 10,

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27535

1962 Green was sentenced by the Court to as may be relevant to and consistent with Regulations of the Bureau (21 CFR serve a term of 10 years at hard labor In the the public health and safety/ 301.45(d)) provide that upon service of Louisiana State penitentiary. I take Judicial The Attorney General has by order as­ any order of suspension or revocation notice that the Criminal Code of Louisiana signed to the Director of the Bureau, the registrant shall immediately deliver defines as a felony a crime punishable by im­ subject to the general supervision of the his certificate of registration, and any prisonment at. hard labor (Louisiana R.S. order forms in his possession to the near­ 14:2). Attorney General, the exercise of the Dilaudid is a trade name for a chemical powers and performance of the functions est office of the Bureau. In addition, the substance known as dihydro morphinone hy­ vested in the Attorney General by the subsection requires the registrant, as in­ drochloride, which is a controlled substance Act. (28 Code of Federal Regulations, structed by the Director, to deliver all under schedule II (a) (1) section 202(c) of Chapter 1, subpart R, 0.100, p. 31.) controlled substances in his possession the Act (21U.S.C. 812).» Section 304 o f the A ct provides that to the nearest office of the Bureau or to On May 10,1965, on recommendation of the a registration under section 303 may be authorized agents, or to place them un­ Louisiana Board of Pardons, the Governor Of der seal.7 Louisiana pardoned Clifford T. Green. Specif­ suspended or revoked if the registrant ically, Green was granted a “full pardon with has materially falsified an application or Conclusions of fact and law. It is ap­ restoration of citizenship.” Under Louisiana been convicted of a felony relating to a parent from the foregoing facts that law an executive pardon does not wipe out controlled substance.6 Opportunity for Clifford T. Green materially falsified the the conviction or the determination of guilt. hearing thereon is provided the regis­ applications for registration on behalf It merely restores civil and political rights trant in accordance with the Federal of Respondent Pharmacy, inasmuch as lost as a consequence of the conviction.8 Administrative Procedure Act, 5 U.S.C. he had, contrary to his declarations in In connection with the Order to Show 551 et seq. __ the applications, been previously con­ Cause of March 22, 1973, the Director of the Section 304 of the Act further provides victed of a felony under the laws of the Bureau of Narcotics and Dangerous Drugs State of Louisiana relating to a sub­ ordered Agent Ronald R. Boerner of the that, in cases where he finds an Imminent Chicago Office of the Bureau to make per­ danger to public health or safety, the stance defined in the Act as a controlled sonal service of the Order on Clifford T. Attorney General may in his discretion substance. The executive pardon did not Green, and also to take control of any related suspend any registration simultaneously nullify the conviction or constitute a re­ items then in possession of the Respondent with the institution of proceedings for mission of guilt. Under the provisions of and Green: specifically controlled substances, revocation of the registration, such sus­ Section 304 of the Act and the applicable the certificate of registration, and order pension to continue in effect until final Regulations, the Director was conse­ forms. Boerner made personal service of the quently authorized, as he did, to suspend Order to Show Cause on Green on April 6, disposition of the proceedings.8 1973. However, Green, through and upon the Section 304 of the Act further provides the registration and to require surrender advice of counsel, refused to surrender any that upon suspension of a registration to the Bureau of the certificate of regis­ tration, order forms, and the controlled of the material. So far as the record discloses, all controlled substances owned or pos­ those items continue to be in the possession substances in the possession of the Re­ and control of the Respondent and Green. sessed by a registrant pursuant to the spondent. As has been seen, Green, the On November 13, 1972, Green was arrested registration may, in the discretion of the representative, agent, and alter ego of on a charge of violation of the Act, specifi­ Attorney General, be placed under seal. the Respondent, refused to surrender cally illegal distribution of controlled sub­ these materials to the Bureau. In the stances and criminal conspiracy. On June 7, circumstances Green’s refusal was the 1973, Green and other individuals, among «Thus, section 303 states, in part: The At­ them Henry G. Port, were indicted in the torney General shall register an applicant to action of the Respondent. U.S. District Court Northern Division of distribute a controlled substance * * * unless It has also been seen that Green is Illinois, for felony offenses in violation of the he determines that the issuance of such reg­ presently under indictment, instituted Act, through the medium inter alia of Re­ istration is inconsistent with the public in­ apparently as a consequence of investi­ spondent. Green is presently free on bond terest. In determining the public interest, the gation by the Bureau, for substantial vio­ awaiting trial. foUowing factors shall be considered: lations of the Act, through the medium, The applicable provisions of the Act. ***** inter alia, of Respondent Pharmacy. The Act (section 302) requires that every (3) prior conviction record of applicant Under these circumstances it is clear person who manufactures, distributes or under Federal or State laws relating to the and it is found that the Director appro­ dispenses any controlled substance shall mo.niifftnt.ure, distribution or dispensing of priately suspended the registration of the obtain annually a registration issued by such substances; Respondent and correctly demanded sur­ the Attorney General, in accordance with ***** render of the controlled substances, the (5) such other factors as may be relevant rules and regulations promulgated by certificate of registration, and the order him. to and consistent with the public health and safety. forms in possession of the Respondent. Section 303 of the Act provides inter alia that the Attorney General shall reg­ 6 Thus section 304 states in part: It is further clear and it is also found ister an applicant to distribute controlled SEC. 304. (a) A registration pursuant to sec­ that under these circumstances contin­ tion 303 to manufacture, distribute, or dis­ substances if consistent with the public pense a controlled substance may be sus­ ued registration of the Respondent is at interest. In determining whether regis­ pended or revoked by the Attorney General this time inconsistent with public health tration is so consistent, the section fur­ upon a finding that the registrant— and safety. Consequently, effectuation of ther provides that, among other matters, (1) has materially falsified any applica­ the policies bf the statute require that there shall be considered the prior con­ tion filed pursuant to or required by this viction record of the applicant under fed­ title or title IH; the registration o f Respondent Pharmacy eral or state laws relating to the manu­ (2) has been convicted of a felony under be revoked, and I so recommend.8 facture, distribution or dispensing of con­ this title or title HI or any other law of the United States, or of any State, relating to trolled substances, and such other factors any substance defined in this title as a con­ 7Thus Section 304(f) states in part: trolled substance. (f) In the event the Attorney General sus­ »The substances controlled by that sub- 8 Thus section 304(d) provides: pends * * * a registration granted under Sec­ paragraph are described in the Act as, (d) The Attorney General may, in his dis­ tion 303, all controlled substances owned or “Opium and opiate, and any salt, com­ cretion, suspend any registration simultane­ possessed by the registrant pursuant to such pound, derivative, or preparation of opium or ously with the institution of proceedings un­ registration at the time of suspension * * * opiate.” der this section, in cases where he finds that may, in the discretion of the Attorney Gen­ Dilaudid is a derivative of morphine, which there is an imminent danger to the public eral, be placed under seal. in turn is a derivative of .opium. Dilaudid has health or safety. Such suspension shall con­ 8 Though the registration expired on June addictive characteristics similar to morphine. tinue in effect until the conclusion of such 30, 1973, a formal order of revocation is nec­ »See Verneco, Inc. v. Fidelity Co., 219 So. proceedings, including judicial review there­ essary in view of the fact and nature of the 2d 508 (1969); State v. Gowland, 179 So. 41 of, unless sooner withdrawn by the Attorney illegality Involved In securing the registra­ (1938); State ex rei Collins v. Lewis, 35 So. General or dissolved by a court of competent tion, and in order to fully effectuate the 816 (1904) . jurisdiction. policies and purposes of this Act.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27536 NOTICES

I hereby certify and forward to the laws would not be compatible with this Containing approximately 1,100 acres Administrator the entire record in the use. In the North Tongass National Forest, above-entitled matter. On or before November 5,1973, all per­ Alaska, 12 miles northwest of Juneau, Recommended decision. Based upon sons who wish to submit comments or Alaska. the foregoing findings of fact and con­ suggestions in connection with the pro­ Curtis V. M cVee, clusions, I recommend to the Drug En­ posed withdrawal may present their views State Director. forcement Administration that registra­ in writing to the undersigned officer of [FR Doc.73-21125 Filed 10-3-73;8:45 am] tion AA3905239 issued to Afro-American the Bureau o f Land Management, 555 Pharmacy, me., Chicago, Illinois, remain Cordova Street, Anchorage, Alaska 99501. suspended, and further, that it be re­ Departmental regulation 43 CFR BAKER DISTRICT ADVISORY BOARD voked by the Administrator. 2351.4(c) provides that the authorized Therefore, in accordance with the pro­ officer of the Bureau of Land Manage­ Notice of Meeting visions o f § 316.66, Title 21, Code o f Fed­ ment will undertake such investigations Notice is hereby given that the Baker eral Regulations, and in view of the fore­ as are necessary to determine the exist­ District Advisory Board will hold meet­ going Findings of Fact, Conclusions of ing and potential demand for the lands ings on December 11, 1973, and Janu­ Law and Recommended Decision, it is and their resources. He will also under­ ary 15,1974, at 9 a.m., at the Conference the Administrator’s opinion that the Re­ take negotiations with the applicant Room, Room 235, Federal Building, spondent has materially falsified its Ap­ agency with the views of adjusting the Baker, Oregon. The agenda for the ini­ plication for Registration, under the Con­ application to reduce the area to the tial meeting will include considering ap­ trolled Substances Act, as a retail phar­ minimum essential to meet the appli­ plications and making recommendations macy, executed on May 2, 1972, and its cant’s needs, to provide for the maximum for grazing privileges on national re­ President has been convicted of a felony, concurrent utilization of the lands for source lands for the 1974 grazing year, under the laws of the State of Louisiana, purposes other than the applicant’s, to and discussion of proposed rulemaking. relating to controlled substances, as de­ eliminate lands needed for purposes more The agenda for the second meeting will fined by the Controlled Substances Act. essential than the applicant’s, and to include hearing protests on proposed al­ Therefore, under the authority vested reach agreement on the concurrent man­ location of grazing privileges, reports of in the Attorney General by section 304 of agement of the lands and their resources. district programs and proposed plans for the Comprehensive Drug Abuse Preven­ The authorized officer will also pre­ following fiscal year, wildlife reports. tion and Control Act of 1970 (21 U.S.C. pare a report for consideration by the The meetings will be open to the pub­ 824), and redelegated to the Administra­ Secretary of the Interior who will deter­ lic as space is available. Time will be tor of the Drug Enforcement Adminis­ mine whether the lands will be with­ available for a Limited number of brief tration, by section 0.100, as amended, drawn as requested by the applicant statements by members of the public. Title 28, Code of Federal Regulations, the agency. s Those wishing to make an oral statement Administrator hereby orders that the The determiation of the Secretary on should inform the Advisory Board Chair­ Certificate of Registration of Afro-Amer­ the application will be published in the man prior to the meeting of the Board. Any interested person may file a written ican Pharmacy, Inc., (BNDD Registra­ Federal R egister. A separate notice will statement with the Board for its con­ tion No. AA3905239), be, and hereby is be sent to each interested party of record. revoked, effective October 4, 1973. sideration. The Advisory Board Chair­ If circumstances warrant, a public man is Harlan Wendt, Bridgeport, Ore­ Dated October 1,1973. hearing will be held at a convenient gon 97819. W ritten statements should John R. B artels, Jr., time and place, which will be announced. be submitted to Mr. Wendt, c/o District Acting Administrator, The land involved in this application is Manager, Bureau of Land Management, P.O. Box 589, Baker,,Oregon 97814. Drug Enforcement Administration. described as follows: A lbert R omeo, [FR Doc.73-21244 Filed 10-3-73;8:45 am] M o n t a n a C r e e k D istrict Manager. WATER INFLUENCE ZONE AND RECREATION AREA September 27,1973. DEPARTMENT OF THE INTERIOR North Tongass National Forest Bureau of Land Management Copper River Meridian, Alaska [FR Doc.73-21084 Filed 10-3-73;8:45 em] Beginning at a point S. 66° 10' W., 37.5 ALASKA chains from corner No. 2 of USS 3820, this BUREAU OF MINES Proposed Withdrawal and Reservation of point being the true point of beginning, thence N. 66° 10' E., 37.5 chains to corner Lands Advisory Committee on Coal Mine Safety No. 2; thence N. 10°28' E., 28.5 chains to Research; Notice of Meeting September 24, 1973. corner No. 3; thence N. 3°52' W., 58.9 chains to corner No. 4; thence S. 85°58' W., 41.5 Notice is hereby given that the Advi­ The Forest Service, Department of chains to corner No. 5; thence N. 3°43' W., Agriculture, has filed an application, sory Committee on Coal Mine Safety Re­ 19.8 chains-to corner No. 6; thence S. 86°06' search will meet October 10 and 11,1973, serial number AA-8402, for withdrawal W., 19.8 chains to corner No. 7; thence N. of lands described herein from location 3° 44' W., 59.3 chains to corner No. 8; thence commencing at 9 am. in Room 260, and entry under the public mining laws. S. 84°56' W., 20.3 chains to corner No. 9; Building A, Bureau of Mines complex, The withdrawal would designate the thence N. 3°57' W., 60.1 chains to corner 4800 Forbes Street, Pittsburgh, Pennsyl­ lands as a water influence zone and recre­ No. 10; thence S. 86°05' W., 39.3 chains to vania. The purpose of the Committee is ation area. The Forest Service desires comer No. 11; thence N. 4° 12' W., 19.7 chains to consult with and to make recommen­ to corner NO. 12; thence S. 85°33' W., 31.0 dations to the Secretary on matters in­ that the tract be preserved in a near chains to corner No. 13; thence S. 4°08' E„ natural condition because any disturb­ volving or relating to coal mine safety 30.0 chains to corner No. 14; thence N. 85° 10' research. The meeting will be open to ance of this significantly scenic area E., 20.3 chains to corner No. 15; thence S. would adversely affect its value for pub­ 4°08' E., 29.8 chains to corner No. 16; thence the public on October 10, 1973. On Octo­ lic purposes. The area contains no recre­ N. 86°29' E., 10.2 chains to corner No, 17; ber 11, 1973, the committee will meet in ation developments, but it is a popular thence S. 3° 32' E., 40.0 chains to corner No. Executive Session at which there will be and important widely dispersed recrea­ 18; thence N. 85°27' E., 29.5 chains to comer considered proposed research contracts tion area. It is heavily used for fishing, No. 19; thence S. 3°32' E., 39.4 chains to which contain commercial or financial sightseeing and observing a variety of corner No. 20; thence N. 86°55' E., 10.1 chains information which is privileged or con­ to corner No. 21; thence S. 3°39' E., 39.6 fidential matter under 5 U.S.C. 552(b) wildlife. Future use of this area is ex­ chains to corner No. 22; thence N. 85°43' E., pected to increase in proportion to in­ 40.2 chains to comer No. 23; thence S. 3°25' (4). This session will not be open to the creased population and tourism. An ap­ E., 79.5 chains to corner No. 1, the point of public. Persons desiring further informa­ propriation of the land under the mining beginning. tion concerning this meeting may contact

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27537

Dr. Earl T. Hayes, Department of the In­ Office of the Secretary Merchant Marine Act, 1936, as amended, terior, Bureau of Mines, Room 3610, Tele­ [INT FES 73-54] to compute the estimated foreign cost of phone <202) 343-5643. the construction of tankers of about The agenda of the two-day meeting is CUMBERLAND GAP NATIONAL HISTOR­ 400,000 dwt. set forth below. ICAL PARK, KY., TEN N ., VA. Any person, firm or corporation having Dated September 28, 1973. Notice of Availability of Final any interest (within the meaning of sec­ Environmental Statement tion 502(b)) in such computations may S tephen A. W akefield, Pursuant to section 102(2) (c) of the file written statements by the close of Assistant Secretary, business on November 1, 1973, with the Energy and Minerals. National Environmental Policy Act, the Department of the Interior has Secretary, Maritime Subsidy Board, Maritime Administration, Room 3099B, A genda prepared a final environmental statement Department of Commerce Building, 14th Advisory Committee on Coal Mine for Proposed Wilderness Classification for Cumberland Gap National Historical and “E” Streets NW., Washington, D.C. Safety Research, Eleventh Meeting, 20230. Room 260, Bldg. A, Bureau o f Mines, 4800 Park, Kentucky, Tennessee, and Virginia. Forbest Street, Pittsburgh, Pa., Octo­ The final environmental statement Dated October 1,1973. ber 10 and 11,1973. considers the designation of 6,375 acres in Cumberland Gap National Historical By order of the Maritime Subsidy Oct. 10—Presentations by various coal oper­ Park as wilderness. Additionally, 3,810 Board Maritime Administration. ators on safety research needs. acres are recommended as potential A aron Silverman, 9:00 a.m_____ Presentation by Consolida­ wilderness. Assistant Secretary. tion Coal Co. Copies are available from or for in­ [FR Doc.73-21161 Filed 10-3-73;8:45 am] 10:30 a.m__ _ Presentation by Bethlehem spection at the following locations: Steel Corp. 12:00 noon__ Lunch. Southeast Regional Office, National Park 1:00 p.m.___ _ Presentation by Eastern As­ Service, 3401 Whipple Avenue, Atlanta, TANKER CONSTRUCTION PROGRAM sociated Coal Corp. Georgia 30344. Recommended Revisions to Standard 2:30 p.m.___ _ Presentation by United Cumberland Gap National Historical Park, Specification for Merchant Ship Con­ States Steel. P.O. Box 840, Middlesboro, Kentucky 40965. struction 4:00 p.m------Adjourn. Dated October 1, 1973. Notice is hereby given that the Mari­ Oct. 11—9:00 a.m.—Executive session. Re­ time Subsidy Board pursuant to Final view of coal operators research needs and John M. Seidl, formulation of Advisory Committee recom­ Deputy Assistant Opinion and Order of the Maritime Sub­ mendations. Closed to the public. Secretary of the Interior. sidy Board, Docket No. A-75, Served August 30, 1973 considers it necessary to 12:00 noon__ Lunch. [PRDoc.73-21141 Filed 10-3-73:8:45 am] amend certain provisions of section 70 1:30 p.m___ - Continuation of Executive Session. of the Standard Specifications for Mer­ DEPARTMENT OF AGRICULTURE chant Ship Construction, which specifies [PR Doc.73-21085 Filed 10-3-73;8:45 amj Forest Service sensitivity requirements for oily water content meters and oily water separators PACIFIC NORTHWEST FORESTRY Office of the Secretary in terms of parts per million (ppm) of RESEARCH ADVISORY COMMITTEE oil. The current level of sensitivity, estab­ [INT DES 73-59J Notice of Meeting lished when the Specifications were origi­ CROW CEDED AREA COAL LEASE, WEST­ nally issued, is 10 ppm. However, the MORELAND RESOURCES MINING PRO­ The Pacific Northwest Forestry Re­ Board has determined that no meters or POSAL, MONT. search Advisory Committee will meet separators are commercially available for 8-5:30 p.m., October 25 and 8-3:30 p.m., vessels that can measure or separate Notice of Availability of Draft October 26, at the Forestry Sciences Lab­ Environmental Statement reliably down to a level of 10 ppm. As a oratory near Olympia, Washington. consequence, the Board had requested Pursuant to section 102(2X0 of the The purpose of this meeting is to re­ that the Staff recommend a standard National Environmental Policy Act of view the forest research program in in­ which at present is technically feasible 1969, the Department of the Interior has tensive timber culture of the Pacific and appropriate and to present its views prepared a draft environmental state­ Northwest Forest and Range Experiment concerning the necessity for supple­ ment for the issuance of leases for strip Station, U.S. Forest Service. menting the environmental impact state­ mining of coal from approximately 1,100 The meeting will be open to the public. ment concerning the Tanker Construc­ acres of land. The coal rights belong to Persons who wish to attend should notify tion Program. the Crow Indians. Written comments are Dr. Robert E. Buckman, Pacific North­ The Staff has recommended to the invited before November 19,1973. west Forest and Range Experiment Sta­ Board that a standard of 50 ppm be tion, U.S. Forest Service, P.O. Box 3141, Copies are available for inspection at established for oil content meters. Such Portland, Oregon 97208; telephone No. the following locations: a standard reflects the best technology 503-234-3361, Ext. 4909. Written state­ currently available and will provide sig­ Division of Environmental Quality, Bureau of Indian Affairs, Room 3429, Interior ments may be filed with the committee nificant control of the operational pol­ Building, Washington, D.C. 20240, tele­ after the meeting. lution from tankers to protect the marine phone (202) 343-2139. environment. It is well below the com­ R obert E. B uckman, parable standard for 100 ppm contained Office of the Billings Area Director, Bureau Director. of Indian Affairs, 316 North 26th Street, in the recommended IMCO performance Billings, Montana 59101, telephone (406) [FR Doc.73-21080 Filed 10-3-73;8:45 am] requirements concerning such devices. 245-6315. Full flow oily water separators have Single copies of the draft statement DEPARTMENT OF COMMERCE not been developed to date. Should these separators become available, a standard may be obtained by writing to the Com­ Maritime Administration of 50 ppm is considered by the Staff to missioner o f Indian Affairs or the Billings CONSTRUCTION OF TANKERS OF ABOUT be technically feasible and should be Area Director. 400,000 DWT applicable to separators as well as to Dated October 1, 1973. Computation of Foreign Coot; Notice of content meters. Intent Accordingly, it is recommended that J ohn M. Seidl, Section 70 of the Maritime Administra­ Deputy Assistant Secretary Notice is hereby given of the intent of tion Standard Specification for Mer­ of the Interior. the Maritime Subsidy Board, pursuant to chant Ship Construction be revised to [PR Doc.73-21142 Filed 10-3-73:8:45 am] the provisions of section 502(b) of the read as follows:

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27538 NOTICES

S ection 10—POLLUTION ABATEMENT subject to the cargo preference statutes 1973, and corrected at page 24233 in the SYSTEMS AND EQUIPMENT including 10 U.S.C. 2631, 46 U.S.C. 1241, issue for Thursday, September 6, 1973, * * * * # and 15 U.S.C. 616a. the quotation that reads “ (36 FR 12984) ” Interested parties may inspect this ap­ should read “ (36 FR 12094) ” , 4. Bilge and ballast systems; plication in the office of the Secretary, * * * * * Maritime Subsidy Board, Room 3099-B, ATOMIC ENERGY COMMISSION (c) Tank Vessels * * * Department of Commerce Building, (3) Alternatively, an effective oil/water Fourteenth and E Streets NW., Washing­ ENVIRONMENTAL AND SITING separator system of full flow capacity ton, D.C. 20230. REGULATORY GUIDES equivalent to at least one main cargo Any party having an interest in such Notice of Issuance and Availability oil pump shall be installed with auto­ application and who would contest a matic shut-down of effluent when the finding of the Board that the service now The Atomic Energy Commission has oil content exceeds 50 ppm. provided by vessels of United States reg­ issued a guide in its Regulatory Guide (d) Oily water separators. Approved istry for the worldwide carriage of liquid series. The Regulatory Guide series has separators installed in the bilge and bal­ and dry bulk cargoes, not subject to the been developed to describe and to make last system shall be capable of producing cargo preference statutes, moving in the available to the public methods accept­ an effluent containing not more than 50 foreign commerce of the United States able to the AEC Regulatory staff for im­ ppm. or in any particular trade in the foreign plementing specific parts of the Commis­ (e) Oil content meters. An oil content commerce of the United States is inade­ sion’s regulations and, in some cases, to meter shall be installed in each bilge quate, must, on or before October 24, delineate techniques used by the staff in and oily ballast overboard discharge line. 1973 notify the Secretary, Maritime Sub­ evaluating specific problems or postu­ The oil content meter shall be fitted with sidy Board, in writing of his interest and lated accidents and to provide guidance an alarm device set to operate at a pre­ of his position and file a petition for leave to applicants concerning certain infor­ set value to shut-down the pump or to intervene in accordance with the mation needed by the staff in its review an appropriate valve in the discharge Board’s Rules of Practice and Procedure of applications for permits and licenses. line automatically when the oil content (46 CFR Part 201). Each such statement The new guide is in Division 4, “Envi­ in the overboard discharge exceeds 50 of interest and petition to intervene shall ronmental and Siting.” Regulatory Guide ppm. state whether a hearing is requested 4.3, “Measurements of Radionuclides in The Staff is of the opinion that the under section 605(c) of the Merchant the Environment—Analysis of 1-131 in recommended revisions of the Standard Marine Act, 1936, as amended, and with Milk” provides a procedure for analyzing Specifications do not require a supple­ as much specificity as possible the facts 1-131 in milk with improved sensitivity ment to the environmental impact state­ that the intervenor would undertake to over conventional methods. The calcu­ ment concerning the Tanker Construc­ prove at such hearing. lated potential dose to the thyroid of tion Program. The effectiveness of meter­ In the event that a section 605(c) infants that would result from 1-131 ing devices is noted in the statement and hearing is ordered to be held, the pur­ levels detectable by this method repre­ the establishment of a practically obtain­ pose of such hearing will be to receive sents only a small fraction of estab­ able standard will not significantly af­ evidence relevant to whether the service lished radiation protection standards. fect control of operational pollution already provided by vessels of U.S. regis­ Regulatory Guides are available for from tankers. try for the worldwide movement of inspection at the Commission’s Public Any person having an interest in this liquid and dry bulk cargoes in the for­ matter may file comments by close of eign oceanborne commerce of the United Document Room, 1717 H Street NW., business November 5, 1973 with the Sec­ States is inadequate and whether in the Washington, D.C. Comments arid sugges­ retary, Maritime Subsidy Board, Mari­ accomplishment of the purposes and tions in connection with improvements time Administration, Room 3099-B, De­ policy of the Act additional vessels should in the guides are encouraged and should partment of Commerce Building, 14th be operated in such service. be sent to the Secretary of the Commis­ and E Streets NW, Washington, D.C. If no request for hearing and petition sion, U.S. Atomic Energy Commission, 20230. for leave to intervene is received within the specified time, or if the Maritime Washington, D.C. 20545, Attention: Dated October 1, 1973. Subsidy Board determines that petitions Chief, Public Proceedings Staff. Requests By the order of the Maritime Subsidy for leave to intervene filed within the for single copies of the issued guides Board Maritime Administration. specified time do not demonstrate suffi­ /which may be reproduced) or for place­ cient interest to warrant a hearing the A aron Silverman, ment on an automatic distribution list Maritime Subsidy Board will take such Assistant Secretary. for single copies of future guides should action as may be deemed appropriate. [PR Doc.73-21163 Filed 10-3-73;8:45 am] be made in writing to the Director of (Catalog of Federal Domestic Assistance Pro­ Regulatory Standards, U.S. Atomic gram No. 11.504 Operating-Differential Sub­ [Docket No. S-394] sidies (ODS)) Energy Commission, Washington, D.C. 20545. Telephone requests cannot be WATERMAN MARINE CORP. Dated October 1, 1973. accommodated. Notice of Application By order of the Maritime Subsidy Other Division 4 Regulatory Guides Notice is hereby given that Waterman Board. currently being developed include the Aaron Silverman, Marine Corporation has filed an applica­ following: tion for operating-differential subsidy on Assistant Secretary. [FR Doc.73-21162 Filed 10-3-73;8:45 am] Measurements of Radionuclides in the En­ four (4) ore/bulk/oil carriers (to be vironment—Sampling and Analysis of Plu­ constructed) o f approximately 80,000 tonium in Soil deadweight tons each. Waterman Marine DEPARTMENT OF HEALTH, Measurements of Radionuclides in the En­ Corporation is the parent of Waterman EDUCATION, AND WELFARE vironment—Analysis of Sr-89 and Sr-90 Steamship Corporation, holder of op­ Measurements of Radionuclides in the En­ erating-differential subsidy contracts for Food and Drug Administration vironment—Analysis of 1-129 in Milk liner operations. Said vessels are pro­ STATUS OF REVIEW OF GRAS AND PRIOR Dated at Bethesda, Maryland this 27th SANCTIONED DIRECT HUMAN FOOD d a y of September 1973. posed for operation worldwide in the for­ INGREDIENTS eign commerce of the United States ex­ For the U.S. Atomic Energy Commis­ cept for intermediate voyages between Notice of Availability of Information sion. foreign ports as part of a round voyage Correction L e s t e r R o g e r s , between United States ports, in the car­ In FR Doc. 73-15206 appearing at page Director of Regulatory Standards. riage of liquid and dry bulk cargoes not 20054 in the issue of Thursday, July 26, [FR Doc.73-21078 Piled 10-3-73; 8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27539

{Docket No. 50-424, et al.] environmental issues set forth in the time, in Courtroom 204, United States GEORGIA POWER CO. September 21, 1972 Notice of Hearing, Court of Appeals, The Pioneer Court­ 37 FR 20344, September 29, 1972. house, Portland, Oregon 97204. Notice and Order for Special Prehearing All members of the public are entitled II. Successive Evidentiary Hearings Conference to attend the special prehearing confer­ will be held encompassing both proceed­ In the matter of Georgia Power Com­ ence, as well as any subsequent prehear­ ings. The contested proceeding on the pany (Alvin W. Vogtle Nuclear Plant ing conference and the evidentiary hear­ application for a facility operating li­ (Units 1,2, 3 and 4 )). ing itself. cense will precede the mandatory pro­ Take notice, that pursuant to the It is so ordered. ceeding on environmental issues relat­ Atomic Energy Commission’s “Notice of ing to the construction permit. In the Issped at Washington, D.C., this 28th event that the hearings have not been Hearing on Application For Construction day o f September 1973. Permits,” dated April 26, 1973, and in completed by Friday afternoon, Novem­ accordance with section 2.751a of said A t o m i c S a f e t y a n d L i ­ ber 2nd, the hearings will reconvene Commission’s restructured rules of prac­ c e n s in g B o a r d , during the week of November 5-9 and tice, a special prehearing conference will T h o m a s W. R e i l l y , beyond should that prove necessary. be held in the subject proceeding on Oc­ Chairman. in. All persons who have requested the tober 16,1973, at 9:30 a.m., local time, in [FR Doc.73-21077 Filed 10-3-73;8:45 am] opportunity to make a limited appear­ the City County Municipal Building, ance will be afforded an opportunity to Court Room 320, 530 Green Street, state their views or to file a written state­ Augusta, Georgia 31902. [Docket Nos. 50-344, 50-344-OL] ment on the first day of the hearings or at such other times as the Licensing This Special Prehearing Conference is PORTLAND GENERAL ELECTRIC CO. ET AL. preliminary to a hearing that will be Board may for good cause designate. held, at a time and place to-be set in the Order Convening Hearings Issued at Washington, D.C., this 28th future by the Atomic Safety and Licens­ In the matter of Portland General day o f September 1973. ing Board (Board), to consider the ap­ Electric Company, the City of Eugene, plication filed under the Act by the Oregon and Pacific Power & Light Com­ A t o m i c S a f e t y a n d L i ­ Georgia Power Company (the applicant), pany (Trojan Nuclear Plant). c e n s in g B o a r d , On December 29,1972, the U.S. Atomic R o b e r t M . L a z o , for construction permits for four pres­ Chairman. surized water nuclear reactors desig­ Energy Commission published in the nated as the Alvin W. Vogtle Nuclear F e d e r a l R e g is t e r (37 FR 28770) a Notice [FR Doc.73-21076 Filed 10-3-73;8:45 am] Plant Units 1, 2, 3 and 4 (the facilities), of Hearing Pursuant to 10 CFR Part 50, each of which is designed for initial op­ Appendix D, Section B, to consider en­ eration at approximately 3411 thermal vironmental issues relating to Construe- . GENERAL ADVISORY COMMITTEE megawatts, with a net electrical output tion Permit No. CPPR-79, issued on Feb­ Notice of Meeting ruary 8, 1971, to Portland General Elec­ of approximately 1100 megawatts. The O c t o b e r 1, 1973. proposed facilities are to be located at tric Company; The City of Eugene, Ore­ Burke County, Georgia. The hearing will gon; and Pacific Power & Light Company In accordance with the purposes of be scheduled to begin in the vicinity of (the licensees), which had authorized section 26 of the Atomic Energy Act of the site of the proposed facilities. the construction of the Trojan Nuclear 1954, as amended (42 U.S.C. § 2036), the The special prehearing conference will Plant at the licensees’ site on the west General Advisory Committee will hold a shore of the Columbia River in Colum­ meeting on October 16-18, 1973 at the deal with the following matters: AEC Headquarters in Germantown, 1. Any Motions addressed to the Atomic bia County, Oregon. Subsequently, on February 23, 1973, Maryland, and in Room 1115, 1717 H Safety and Licensing Board, Street, NW., Washington, D.C. 2. Identification of the key issues in the the Commission published a combined proceeding, “Notice of Receipt of Application for The following constitutes that portion 3. Discussion of any steps necessary for Facility Operating License; Notice of of the Committee’s agenda for the above further identification of issues, Consideration of Issuance of Facility meeting which will be open to the public: 4. Consideration of intervention petitions [Operating] License and Notice of Op­ Tuesday, October 16, Ropm A-410 at AEC to allow the Board to make such preliminary portunity for Hearing” (38 FR 5004) in Headquarters, Germantown, Maryland. or final determination of the status of the this proceeding which resulted in the de­ 1:30-3:00 p.m.—Briefing on program of Con­ parties as may be appropriate, trolled Thermonuclear Re­ 5. Establishment of the need for discovery cision by the Atomic Safety and Licens­ search Division. and the time required for such discovery, ing Board (Board) to hold a hearing to 3:00-4:30 p.m.—Brief!ing on activities of if any, consider the issuance of an operating Office of Planning and 6. Establishment of schedules for further license in view of the Board’s granting of Analysis. action in the proceeding, and a petition to intervene filed by a member 7. Such other matters as may aid in the of the public. In addition to the above agenda items, orderly disposition of the hearing. Accordingly, the Board issued a “No­ the Committee will meet with members tice of Hearing on a Facility Operating of AEC Headquarters offices and hold The attorneys for the respective parties executive sessions not open to the public are hereby directed to confer id advance License” dated May 21, 1973, which was published in the F e d e r a l R e g is t e r on under the authority of section 10(d) of of the special prehearing conference Public Law 92-463 (Federal Advisory (either in person or by telephone) and May 25, 1973 (38 FR 13771). Both matters having come before the Committee Act) to exchange opinions report to the Board at the time of said and formulate recommendations on the conference on the prospects for : Board at the Prehearing Conferences held on July 19 and September 10, 1973, above topics and other matters. I have 1. Settlement, determined that it is necessary to close 2. An agreed schedule for discovery, and all parties having been present and participating, dates convenient for the portions of the meeting to discuss cer­ 3. Any stipulations which would limit the tain information that is privileged and matters in controversy or the number of convening of the Evidentiary Hearings witnesses and exhibits to be offered at the in this proceeding have been agreed falls within exemption (4) o f 5 U.S.C. evidentiary hearing. upon. 552(b); and to exchange opinions and formulate recommendations, the discus­ At the special prehearing conference, Wherefore, it is ordered, In accord- ' anee with the Atomic Energy Act, as sion of which, if written, would fall the Board will hear oral argument on the within exemption (5) of 5 U.S.C. 552(b). outstanding petitions to intervene. The amended, and the rules of practice of the petitioners as well as the parties, will be Commissibn, that Evidentiary Hearings It is essential to close such portions of the given an opportunity to be heard in this in this proceeding shall convene as fol­ meeting to protect the free interchange regard. lows. of internal views and avoid undue inter­ Ihis Board will be concerned with the I. Evidentiary Hearings shall convene ference with Commission and Committee health and radiological safety issues and on October 30, 1973, at 10 a.m., local operation.

FEDERAL REGISTER, VOL. 38, NO . 192— THURSDAY, OCTOBER 4, 1973 27540 NOTICES

Practical considerations may dictate [Docket No. 50—346] provided by the Applicants to the Com­ alterations in the above agenda or TOLEDO EDISON CO. AND CLEVELAND mission’s staff to eliminate or signifi­ schedule. ELECTRIC ILLUMINATING CO. cantly reduce those effects; (3) a re­ The Chairman is empowered to con­ quirement that the Applicants shall, dur­ Availability of Initial Decision of Atomic ing the time of operating license review, duct the meeting in a manner that in Safety and Licensing Board and Notice of his judgment will facilitate the orderly submit proposed environmental Techni­ Issuance of Amendment to Construction cal Specifications which assure that the conduct of business. Permit With respect to public participation in environmental impact of operation are the above agenda items, thé following Pursuant to the National Environmen­ not significantly different from those de­ requirements shall apply: tal Policy Act of 1969 and the United scribed in the Final Environmental (a) Persons wishing to submit written States Atomic Energy Commission’s Statement; (4) a requirement that the statements on those agenda items may regulation in Appendix D, Sections design of the facility will be such that, do so by mailing 12 copies thereof, post­ A.9 and A .ll, to 10 CFR Part 50, by careful operation, the total residual marked no later than October 10, 1973, notice is hereby given that an Initial chlorine concentration in the effluent will to the Secretary, General Advisory Com­ Decision, dated September 13, 1973, be 0.1 ppm or less, not to exceed two mittee, U.S. Atomic Energy Commission, was issued by the Atomic Safety and (2) hours/day. Washington, D.C. 20545. Such comments Licensing Board in the above cap­ The Commission has found that the shall be based upon the above agenda tioned proceeding which authorized provisions of the amendment complies items. issuance of an amendment to Construc­ with the requirements of the Atomic (b) Questions may be propounded only tion Permit No. CPPR-80 to The Toledo Energy Act of 1954, as amended, and the by members of the Committee. Edison Company and The Cleveland Commission’s regulations published in 10 (c) Seating for the public will be avail­ Electric Illuminating Company (Appli­ CFR Chapter I and has concluded that able on a first-come, first-served basis. cants). The construction permit is for the issuance of the amendment will not Persons wishing to attend the open por­ the Davis-Besse Nuclear Power Station, be inimical to the common defense and tion of the meeting should check in at a pressurized water reactor facility which security or to the health and safety of the North Lobby receiption desk, AEC is designed for initial operation at ap­ the public. Headquarters, Germantown, Maryland. proximately 2633 megawatts (therm al), Single copies of the Initial Decision, (d) Copies of minutes of public ses­ which is located in Ottawa County, Ohio. Amendment No. 2 to CPPR-80, and of sions will be made available for copy­ The Initial Decision is available for in­ the Final Environmental Statement may ing, in accordance with the Federal Ad­ spection by the public in the Commis­ be obtained by writing the U.S. Atomic visory Committee Act, on or after No­ sion’s Public Document Room at 1717 H Energy Commission, Washington, D.C. vember 16, 1973 at the Atomic Energy Street NW., Washington, D.C., and m 20545, Attention: Deputy Director for Re­ Commission’s Public Document Room, the Ida Rupp Public Library, Port Clin­ actor Projects, Directorate of Licensing. 1717 H Street, NW., Washington, D.C., ton, Ohio 43452. The Initial Decision is Dated at Bethesda, Maryland this 28th upon payment of all charges required by also being made available at the Office of day o f September 1973. law. the Governor, State Clearinghouse, 62 East Broad Street, 2d Floor, Columbus, For the Atomic Energy Commission. R o b e r t A. K o h l e r , Ohio 43215. R o b e r t L. F e r g u s o n , Acting Advisory Committee Based upon the record developed in Management Officer. Acting Chief, Pressurized Water the above captioned matter, the Initial Reactors Branch No. 4, Direc­ [FR Doc.73-21227 Filed 10-2-73; 1:00 pm] Decision modified in certain respect the torate of Licensing. contents of the Final Environmental Statement relating to the construction [FR Doc.73-21127 Filed 10-3-73;8:45 am] LIQUID METAL FAST BREEDER REACTOR of the Davis-Besse Nuclear Power Sta­ PROGRAM tion prepared by the Commission’s Di­ CIVIL AERONAUTICS BOARD Preparation of Environmental Impact rectorate of Licensing. A copy of this [Docket No. 25772] Statement Final Environmental Statement is also Notice is hereby given that in accord­ available for public inspection at the AERLINTE EIREANN TEORANTA ance with the National Environmental above designated locations. Reassignment of Proceeding on Foreign Air Policy Act the U.S. Atomic Energy Com­ Pursuant to the provisions of 10 CFR ■Carrier Permit Service to Boston as In­ mission has commenced the preparation Part 50, Appendix D, Section A ll, notice termediate Point of an environmental impact statement is hereby given that the Final Environ­ mental Statement is deemed modified to This proceeding, heretofore assigned on the Liquid Metal Fast Breeder Reactor for prehearing conference and hearing (LMFBR) program. the extent that the findings and conclu­ sions relating to Environmental matters before Administrative Law Judge Ross I. Copies of documents to be.utilized in Newmann, (38 FR 23988, September 5, the preparation of this statement will be contained in the Initial Decision are dif­ ferent from those contained in the Final 1973), is hereby reassigned to Adminis­ available for Inspection at the AEC Pub­ trative Law Judge Louis W. Somson. Fu­ lic Document Room, 1717 H Street, NW., Environmental Statement. As required by Washington, D.C. Section A .ll of Appendix D, a copy of the ture communications should be adressed All interested persons desiring to sub­ Initial Decision, which modifies the Final to Judge Somson. mit suggestions for consideration in con­ Environmental Statement, has been transmitted to the Council on Environ­ Dated at Washington, D.C., Septem­ nection with the preparation of the draft ber 28,1973. environmental impact statement should mental Quality and is being made avail­ send them in duplicate to Dr. James L. able to the public as noted herein. [ s e a l ] R a l p h L. W i s e r , In accordance with the Commission’s Chief Administrative Law Judge. Liverman, Assistant General Manager regulations in 10 CFR Part 2, notice is [FR Doc73—21146 Filed 10-3-73;8:45 am] for Biomedical and Environmental Re­ hereby given that pursuant to the Initial search and Safety Programs, U.S. Atomic Decision, Amendment No. 2 to the con­ Energy Commission, Washington, D.C. struction permit has been issued by the [Docket No. 25855] 20545, on or before November 22, 1973. Commission’s Directorate of Licensing. AMERICAN AIRLINES, INC. The amendment adds conditions to the Dated at Germantown, Maryland this permit ior the protection of the environ­ Prehearing Conference on Forty Passenger 28th day o f September 1973. ment which include: (1) establishment Non-Affinity Group Fare Between Boston For the Atomic Energy Commission. of an environmental monitoring pro­ and Chicago Notice is hereby given that a prehear­ P a u l C. B e n d e r , gram; (2) a requirement that, if harm­ Secretary of the Commission. ful effects or evidence of irreversible ing conference in the above-entitled mat­ ter is assigned to be held on October 30, ]FR Doc.73-21126 Filed 10-S-73;8:45 am] damage are detected, a plan of action be

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27541

1,973, at 2:00 p.m. (local time), in Room general passenger fare increases of five established in Phase 7 and other phases 503, Universal Building, 1825 Connecti­ to eight percent, were filed by American of the DPFI. Nevertheless, as will be dis­ cut Avenue NW., Washington, D.C., be­ Airlines, Inc. (American), Braniff Air­ cussed in greater detail, the carriers’ fo r e Administrative Law Judge Richard ways, Inc. (Braniff), Continental Air justifications are in many respects incon­ M . HartsoCk. Lines, Inc. (Continental), Delta Air sistent with those standards. Nor have In order to facilitate the conduct of the Lines, Inc. (Delta), Eastern Air Lines, they established a persuasive basis for conference parties are instructed to sub­ Inc. (Eastern), National Airlines, Inc. failing to apply those standards in sup­ mit one copy to each party and four cop­ (National), Northwest Airlines, Inc. port of the fare proposals here before ies to the Judge of (1) proposed state­ (Northwest), United Air Lines, Inc. us. ments of issues; (2) proposed stipula­ (United), Western Air Lines, Inc. (West­ Our review of the various fare-increase tions; (3) requests for information; (4) ern), and Hughes Air Corp. d.b.a. Air- proposals focuses on three key areas— statement of positions of parties; and west (Airwest). All tariff revisions were the appropriate load factor standard to (5) proposed procedural dates. The Bu­ made to Airline Tariff Publishers, Inc., be employed, the methodology to be used reau of Economics will circulate its mate­ Agent, Tariff, CA.B. No. 136.1 in making the discount fare adjustment rial on or before October 23,1973, and the The tariffs are before the Board for as required by Phase 5, and cost in­ other parties on or before October 29, consideration by virtue of Order 73-9-56T, creases. Each of these areas is discussed 1973. The submissions of the other par­ September 13, 1973 removing the pre­ separately below. ties shall be limited to points on which scriptive provisions of Order 72-8-50, our Load-Factor Standard. The Board es­ they differ with the Bureau o f Economics, Phase 7 decision which had established tablished the 55 percent long-term load- and shall follow the numbering and let­ domestic passenger fares. The result is factor standard against which general tering used by the Bureau to facilitate the first occasion to pass upon overall revenue increase proposals such as are cross-referencing. industry-wide fare-increase proposals now before us must be measured in Dated at Washington, D.C., Septem­ since the Board’s decision in the various Phase 6B. No carrier made the necessary ber 28,1973. phases of the Domestic Passenger-Fare adjustments to meet the 55 percent load Investigation (DPFI). The ratemaking factor standard in its tariff justification. [ s e a l ] R a l p h L. W i s e r , principles set forth in those opinions In the DPFI we adopted an interim Chief Administrative Law Judge. must be applied in this review. load-factor standard because traffic [FR Doc.73-21148 Filed 10-3-73;8:45 am] The thnist of the carriers’ respective growth was virtually nil (actual load fac­ justifications is that the traffic growth tors had dropped well below 50 percent), rate this year has fallen well below that and in light of “the lack of guidance” [Docket No. 25397] anticipated, that costs have risen at a which would have been available had the AMERICAN AIRLINES, INC. AND FRONTIER rapid rate and are continuing to do so, Board been in a position to establish AIRLINES, INC. and that their rate of return on invest­ load-factor standards earlier.3 However, ment falls far short of the Board’s stand­ Notice of Hearing on Route Exchange we have twice indicated our intention to Agreement ard. Accordingly, the carriers argue that adopt the 55 percent load-factor stand­ a fare increase is essential to prevent a ard before now, and the carriers have Notice is hereby given, pursuant to the deterioration in their financial condi­ provided no persuasive argument for con­ provisions of the Federal Aviation Act of tion. A more detailed summary of the tinued application of the interim stand­ 1958, as amended, that a hearing in the justifications, along with a summary of ard. While traffic growth has not been above-entitled proceeding will be held on the various complaints and answers spectacular, it has achieved a respectable October 30, 1973, at 10:00 a.m. (local thereto, is set forth in Appendix B.2 level since the Board’s AprU 1971 deci­ time) in Room 1031 North Universal Upon consideration of the tariff filings, sion. Moreover, the carriers, have had Building, 1875 Connecticut Avenue NW., the justifications, complaints, answers, more than two and one-half years’ no­ Washington, D.C., before Administrative and all relevant matters the Board con­ tice of the Board’s intention regarding Law Judge Thomas P. Sheehan. cludes that each of the proposals here application of a standard load factor, For information concerning the issues under consideration may be unjust, un­ and there no longer is valid reason to fur­ involved and other details in this pro­ reasonable, unjustly discriminatory, un­ ther postpone its implementation. ceeding, interested persons are referred duly preferential, unduly prejudicial, or Much ado is made in the various justi­ to the prehearing conference report, otherwise unlawful and should be investi­ fications that the Board’s revenue passen­ served August 3, 1973, the supplemental gated. We further conclude that the ger-mile forecast in Phase 7 was too high. prehearing conference report, served fares should be suspended pending The fact remains, however, that the car­ August 22, 1973, and other documents investigation. riers forecasts were even higher. Yet in this docket on file in the Docket sec­ Our conclusion is based on the car­ they have been able, unilaterally or tion of the Civil Aeronautics Board; riers’ failure to establish that the re­ through capacity agreements, to restrain Dated at Washington, D.C., September quested increases are warranted when capacity in the face of disappointing de­ 28,1973. their tariff justifications are measured mand. In the final order on fare level against the DPFI ratemakirig standards. the Board noted that the carriers, when [ s e a l ] T h o m a s P . S h e e h a n , When we vacated Order 72-8-50, our Administrative Law Judge. faced with the reality that profitable action was limited to the issue of maxi­ operations will be dependent upon re­ [FR Doc.73-21147 Filed 10-3-73;8:45 am] mum fare level and did not encompass sponsible capacity control, have shown a the ratemaking standards and policies far greater ability than their representa­ [Docket No. 25936; Order 73-9-108] 1A summary of the proposed tariff revi­ tions to the Board would indicate. PROPOSED DOMESTIC PASSENGER FARE sions, and effective dates is contained in Ap­ For the year 1971, the carriers oper­ INCREASES pendix A hereto, filed as part of original ated 183 billion available seat miles as document. contrasted with the 204.1 billion they had Order of Investigation and Suspension 2 Appendix B filed as part of original docu­ Adopted by the Civil Aeronautics ment. The American Society of Travel Agents, earlier forecast. Trends in load factor Board at its office in W ashington, D.C. Inc. (ASTA) has filed a motion for leave to indicate the industry is capable of main­ intervene for the limited purpose of respond­ taining and improving its load factor, on the 28th day of September 1973. ing to various allegations put forth by the By tariff revision posted July 26, 1973, National Passenger Ikafflc Association, Inc. and that it has so demonstrated. In our and marked to become effective Septem­ (NPTA) concerning the commercial practices opinion, permitting these proposed in­ of travel agents. Also, NPTA has filed a mo­ creases to go into effect on the basis of ber 15, 1973, Trans W orld Airlines, Inc. tion to strike designated portions of TWA’s (TWA) proposed to increase the level of answer to the complaint which it feels are its domestic passenger fares within the unfounded and improper characterizations 3 The Board’s decisions implementing of its association. Neither motion is a proper Phase 6B of the DPFI are set forth in Order 48 contiguous states by seven percent. document at this stage, and accordingly, the 71- 4-60, decided April 9, 1971, and Order Subsequently, tariff revisions containing motions will be denied. 72- 8-50, decided August 10, 1972.

FEDERAL REGISTER, VOL. 38, NO . 192— THURSDAY, OCTOBER 4, 1973 No. 192- 27542 NOTICES other than the long-term standard would mechanism for effectuating the Phase 5 in the five to eight percent range now be contrary to the Board’s continuing ef­ decisions with regard to all other discount before the Board are warranted.7 forts toward a rational balance between fares. To this end, the Board has in­ 4 Accordingly, pursuant to the Federal capacity and traffic. structed its staff to prepare a notice of Aviation A ct of 1958, and particularly In light of the foregoing, the Board proposed rule making that would estab­ sections 204, 403, 404, and 1002 thereof, finds that proposed fare increases must lish reporting requirements for promo­ It is ordered, That: be tested against the long-term 55 per­ tional fare proposals and for reports to 1. An investigation be instituted to de­ cent load-factor standard, and in this be filed at the conclusion of the tempo­ termine whether the fares and provisions connection we reiterate here our earlier rary period for which any such fares are described in Appendix E8 attached comments on the subject: authorized. The rule-making notice will hereto, and rules, regulations, and prac­ At this juncture, we again wish to empha­ also propose in greater particularity just tices affecting such fares and provisions, size that we will not permit present and how the Phase 5 principles may be effec­ are or will be unjust, unreasonable, un­ future fare levels to be burdened by the tuated in the future, including the man­ justly discriminatory, unduly preferen­ operation of capacity which is inconsistent ner in which the Board may apply the tial, unduly prejudicial, or otherwise un­ with the level permitted under our load- adjustment of revenues and economic lawful, and if found to be unlawful, to factor standards. In this connection, we dbsts related to the load-factor standard determine and prescribe the lawful fares reiterate our intention, as set forth in the for those discount fares which continue and provisions, and rules, regulations, or tentative decision, to implement the long­ term load-factor standard for fare-level pur­ in effect or are permitted in the future. practices affecting such fares and pro­ poses one year hence. The Board views with Costs. The final key ingredient in the visions; great concern published reports of carrier carriers’ failure to justify their fare in­ 2. Pending hearing and decision by the plans to make significant additions to ca­ creases is their demonstration of cost Board, the fares and provisions described pacity in 1972, particularly in the face of load increases. The DPFI opinions indicate in Appendix E hereto are suspended and factors which are still below our interim that overall industry revenues will be their use deferred to and including De­ standards and which are unlikely to rise to considered and fares established on an the long-term standard of 55 percent by the cember 29,1973, unless otherwise ordered end of this year. The achievement by the industry-wide basis. Only a few carriers by the Board, and that no changes be industry of the return on investment deemed have purported to show cost increases on made therein during the period of sus­ reasonable by the Board is dependent upon an industry basis. Equally important, pension except by order or special per­ the realization of the standard load factor; most submissions are deficient in that mission of the Board; failure to earn the aUowable return due to they reflect cost increases without regard 3. Except to the extent granted herein, Improvident increases in capacity will be to productivity. Typically, the carriers’ the complaints in Dockets 25777, 25819, borne by carrier management and sharehold­ cost presentations have merely adjusted 25829, 25830, 25860, 25861, 25872, 25884, ers, and not by the traveling public. (Order operating expenses to account for actual 72-8-50.) 25885, 25886, 25887, 25888, 25889, 25910, cost increases on a this year-last year and 25912 are hereby dismissed; Discount fares. In the decision in Phase basis. Increases in raw costs alone, how­ 4. The motion of the National Pas­ 5 of the DPFI, the Board concluded that ever, are not a valid basis for fare in­ senger Traffic Association, Inc. to strike fare levels would henceforth be calcu­ creases. A cost inflation factor net of designated portions of the answer of lated on a hypothetical .full normal-fare productivity must be derived and the Trans World Airlines, Inc. and the mo­ base, i.e., as if the discount fares were carriers’ failure to do this, with appro­ tion of the American Society of Travel not a part of the fare structure. Only four priate supporting data, is a serious weak­ Agents, Inc. for leave to intervene for a carriers purported to make the necessary ness in their justifications. The use of limited purpose, filed in Docket 25777, are adjustments in their tariff justifications. revenue ton-mile or available ton-mile hereby dismissed; We must also conclude those attempts costs, properly adjusted to reflect vari­ 5. The proceeding ordered herein be that were made were deficient. ances in unit growth rates and load fac­ assigned for hearing before an Admin­ Our examination of industry revenue tor, should provide an indication of true istrative Law Judge of the Board at a need reflects adjustment regarding net cost change. time and place hereafter to be desig­ discount-fare traffic to eliminate those Our review of the carriers’ tariff justi­ nated; and specifically dealt with in Phase 5.4 We fication submissions reveals various de­ 6. Copies of this order will be filed in have used the findings of Phase 5 in mak­ partures from the DPFI ratemaking the aforesaid tariffs and served on ing these adjustments. We first elimi­ standards as outlined above.8 First, no American Airlines, Inc., Braniff Airways, nated all generated traffic and revenues carrier used a 55 percent load-factor Inc., Continental Air Lines, Inc., Delta and made the load factor adjustment. standard, and all others used either a 52.5 Air Lines, Inc., Eastern Air Lines, Inc., The revenues related to the remaining percent standard or made no adjustment Hughes Air Corp. d.b.a. Airwest, Na­ traffic (diverted traffic) were adjusted to to any standard. Second, only four car­ tional Airlines, Inc., Northwest Airlines, reflect the fu ll-fare level. riers— American, Delta, Eastern, and Inc., Trans World Airlines, Inc., United For the reasons that the Board ordered United—made a uiscount-fare adjust­ Air Lines, Inc., Western Air Lines, Inc., a phased cancellation of the discount ment, and as best we can determine from General Services Administration, Na­ fares found unlawful and adopted a tional Passenger Traffic Association, Inc., phased approach to the 55 percent load- their submissions, none of the adjust­ factor standard, we conclude that this ments made measure up to the provisions and the Honorable John E. Moss, et al., same conservative approach is appropri­ of the policy set forth in the Phase 5 de­ ate for present purposes with respect to cision. Third, no carrier presented a cost 7 The Honorable John E. Moss, et al, Mem­ full implementation of the Phase 5 bers of Congress (MOC) contend that the projection which properly recognized proposed Increases should be suspended be­ decision.5 productivity. cause they may not result in a net increase However, the Board has concluded that In summary, in the absence of appli­ in gross revenues as intended. Fare elas­ a rule-making proceeding should be in­ cation of the long-term load-factor ticity is, of course, a very complex and im­ stituted to consider an appropriate precise factor. It was the subject of extensive standard of 55 percent, appropriate consideration through the formal hearing * Appendix D, filed as part of original docu­ discount-fare adjustments, and a proper process in the DPFI. While we would agree measurement of costs/productivity, we with MOC that fare elasticity may vary with ment, shows for the 12 months ended changes in the economic climate, we have no March 31, 1973 (48 states) revenue, expense, are unable to conclude that fare increases reason to believe that the —.7 coefficient de­ and investment data adjusted to reflect termined in the DPFI is not a valid basis for elimination of the discount fares, as well as measuring the impact of fare adjustments on application of the 55 percent load-factor •Appendix C, filed as part of the original document, contains a brief summary, by car­ traffic at the present time. standard. 8 Filed as part of original document. 6 c.f. Order 72-12-18, p. 76. rier, of the methodology each employed.

FEDERAL REGISTER, VOL. 38, NO . 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27543

Members of Congress, which are hereby Law Judge, however, and for the first rial, including quantitative measure­ made parties to this proceeding, and the time in the proceeding, National, the ments, if appropriate. The parties will American Society of Travel Agents, Inc. incumbent carrier, took the position that provide the sources of any data con­ This order will be published in the any decision to certificate a nonstop tained in their comments and shall competitive carrier would constitute a F e d e r a l R e g is t e r . clearly identify, in detail, any estimates major Federal action significantly affect­ or hypotheses employed, and the bases By the Civil Aeronautics Board • ing the quality of the environment and thereof. If further procedures are re­ [ s e a l ] E d w i n Z . H o l l a n d , that a detailed environmental statement quested, the objector should state in de­ Secretary. is required in advance of a decision on tail why such procedures are considered the merits in this case. Judge Dapper necessary, what relevant material or [PR Doc.73-21151 Filed 10-3-73;8:45 am] rejected National’s argument and con­ data the objector would expect to pre­ cluded, on the basis of the data available sent or establish, and why such material [Docket No. 24694; Order 73-9-102] to him, that a competitive award would is necessary to the Board’s decision­ MIAMI-LOS ANGELES COMPETITIVE not constitute a major Federal action sig­ making process and cannot be estab­ NONSTOP CASE nificantly affecting the quality of the lished or presented hi written form in human environment. The carrier renews the objector’s comments. General, vague, Order its argument on brief to the Board. or unsupported objections or comments Adopted by the Civil Aeronautics We have again reviewed our earlier from parties will not be entertained. Board at its office in Washington, D.C., conclusion, and Judge Dapper’s more re­ Thereafter, it is the Board’s intention on the 27th day o f September, 1973. cent findings, in light of the swiftly to proceed expeditiously to final decision Administrative Law Judge William H. evolving standards enunicated by the in this case.5 Dapper issued an initial decision in the courts since the institution of this pro­ While the Board does not believe that above-entitled case and, by Order 73-6- ceeding. We note that Judge Dapper further procedures in this case are neces­ 78, June 19,1973, the Board granted dis­ found basically that the addition of three sarily required under the judicial de­ cretionary review of the initial decision landings and take-offs at the Los Angeles cisions interpreting NEPA, we are none­ on its own initiative. In accordance with International Airport and the Miami In­ theless desirous of complying with the the review schedule set out in that order, ternational Airport8 will represent only spirit as well as the letter of the statute. briefs to the Board were filed on Au­ a minor quantitative and qualitative The procedures outlined above will allow gust 13, 1973. One o f the matters raised change from the existing operations at for a full and adequate examination of in the briefs concerns the environmental either airport. It also appears that the the possible environmental consequences impact of a possible award in this pro­ addition of these few frequencies will re­ which could flow from a decision in this ceeding. For reasons outlined below, the sult in no cumulative adverse effect in case and represent our best effort at Board has determined to defer the review view of the generally declining volume fulfilling the purposes of NEPA in the proceedings temporarily to permit a of aircraft movements at both airports. context of the proceeding as it is now fuller exploration of the environmental And, finally, Judge Dapper considered before us.® question/ the effect of a competitive award on fuel Accordingly, it is ordered, That: At the time this proceeding was com­ consumption and found that the increase 1. The proceedings on review be and menced, the Board did not believe that in such consumption would be quite they hereby are deferred until further any decision in this case would come small and that the benefits of competi­ notice; within the category of actions covered by tion outweighed whatever minor adverse 2. The Director, Bureau of Operating the National Environmental Policy Act effect increased fuel consumption may Rights, shall have an appropriate en­ of 1969 (NEPA). The proceeding did not cause. (I.D. 96-100). Thus, there is no vironmental statement prepared and involve one of the types of cases which basis on the record before us for altering circulated;7 the Board had determined, in its Policy our earlier judgment that any decision 3. Comments with respect to the en­ Statement implementing NEPA, would in this case will not result in a major Federal action significantly affecting the vironmental statement shall be sub­ generally constitute a major Federal ac­ quality of the environment. mitted by the parties and other inter­ tion significantly affecting the quality of ested persons within 45 days of the date the human environment. See § 399.110 o f Nonetheless, the Board wishes to give the Board’s policy statements. Rather, it the fullest consideration to the environ- of circulation by the Director, Bureau involved merely the possible restoration mentar questions raised by National. of Operating Rights. Thus, while we do not necessarily believe of nonstop competitive service between This order will be published in the Miami and Los Angeles which had origi­ that more comprehensive consideration or explication is required,4 we shall never­ F e d e r a l R e g is t e r . nally been authorized by the Board in theless instruct the Director, Bureau of By the Civil Aeronautics Board. 1969 and which had, in fact, been op­ Operating Rights, on behalf of the erated between October 1, 1969 and Au­ Board, to prepare a statement with re­ [ s e a l ] E d w i n Z . H o l l a n d , gust 1, 1972. Thus, our instituting order spect to the environment for considera­ Secretary. did not invoke the special procedures tion and comment by the parties, other [FR Doc.73-21150 Filed 10-3-73;8:45 am] outlined in § 399.110 of the Board’s policy environmentally concerned Federal agen­ statements. Order 72-8-95, August 23, 1972.® cies, and other interested persons. We expect the parties to this proceeding, in 5 We anticipate that the Bureau Director As Judge Dapper has indicated, none particular, to address themselves with will assign the highest priority to the speedy of the participants in the proceeding preparation of the environmental statement, specificity to any conclusion or factual consistent with the need for a thoroughgoing disputed the Board’s decision in this statement with which they disagree, and exploration of the various matters required regard at the time of the prehearing to document their disagreement, objec­ to be analyzed. conference or during the evidentiary tions, or comments with detailed mate- 6 Compare City of New York v. United hearing. On brief to the Administrative States, 337 F.Supp. 150 and 344 F.Supp. 929 (E.D.N.Y. 1972) (3-Judge court) and Arizona 8 No applicant proposed more than three Public Service Company v. FPC, No. 72-1636 8 Appendices A through E filed as part of round trips between Los Angeles and Miami. (D.C. Cir. July 30, 1973). the original document. ' 4 See Hanley v. Mitchell, 460 F.2d 640 (2d 7 The Director is hereby authorized to make 1 At our direction, the Associate Chief Ad­ Cir.), cert, denied 409 U.S. 990 (1972) and such reque-.'-s for data and other material of ministrative Law judge, on September 12, Hanley v. Kleindienst, 471 F.2d 823 (2d Cir. the parties as he deems necessary for the 1973, deferred oral argument until further 1972). Specifically, we do not imply that a preparation of the environmental statement. notice. formal environmental impact statement (as The parties will be expected to comply fuUy * Compare, by way of example, Northeast opposed to a negative declaration) is neces­ with such requests and any procedural dates Corridor VTOL Investigation, Order 71-1-74, sarily required for a full consideration of in connection therewith established by the January 15,197L environmental matters in this case. Director.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27544 NOTICES

[Docket No. 20472; Order 73-9-100] gers by 1973. Similarly, we observed that benefits in other markets or throughout the air transportation system. Similarly, MOHAWK SEGMENTS 8 AND 9 RENEWAL traffic in the Rochester market had once CASE again begun to rise. The most recent the profits and passengers gained by one available data show that traffic in both carrier from an award of new route au­ Order of Remand markets actually declined in the period thority may be offset by lower load fac­ Adopted by the Civil Aeronautics FY 1971 to FY 1972 to a level o f about tors and consequent profits lost by other Board at its office in Washington, D.C., 60,000 local O&D and connecting passen­ carriers or the industry in the aggregate. on the 27th day o f September, 1973. gers each, or about 80-85 passengers in Further, an award to a subsidized carrier By Order 72-12-121 decided December each direction. The most recent segment may improve that carrier’s subsidy pic­ 27,1972, the Board issued a tentative de­ load factor data also indicate that ture when only the single award is con­ cision in the above-entitled proceeding neither incumbent carrier is operating sidered, although the net effect on the in which it concluded that Allegheny at high load factors.3 This recent experi­ system may be unsatisfactory if traffic to Airlines should be authorized to provide ence raises substantial questions regard­ be carried pursuant to the new award will nonstop service between Rochester and ing our underlying findings regarding the be drawn from services which will remain Syracuse, N.Y., on the one hand, and economic prospects of Allegheny’s pro­ subsidy eligible, to the overall detriment Philadelphia, Pa., on the other. In issuing posed operations, the effect on incum­ of the carrier, other subsidized carriers, that tentative decision, the Board noted bent carriers, and the public benefits and the Federal Treasury. On remand we that it had recently remanded several which Allegheny’s proposed operations expect the parties and the Administrative other route proceedings for additional would provide.4 Under these circum­ Law Judge to carefully focus on these evidentiary hearings in order to reassess stances, we do not believe that it is matters. ■ possible changed economic circumstances desirable to make final our tentative de­ Finally, we are unable to conclude at or to appraise the impact of mergers on cision without further analysis. Rather, the present time that the remanded pro­ carrier selection considerations. None­ it is our judgment that the questions ceeding will result in a major Federal theless, it was anticipated that the Board presented are best resolved by a remand action significantly affecting the quality could resolve the issues in this proceed­ of the proceeding to permit a full evi­ of the human environment within the ing on the basis of the existing record dentiary exploration of all these matters meaning of the National Environmental and recent officially noticeable data. Ex­ on the basis of the most recent available Policy Act of 1969 (NEPA). The case will ceptions to our tentative decision and data. not involve one of the types of proceed­ briefs have now been filed by Eastern Air In reopening the proceeding, we wish ings which the Board has determined, in Lines and United Air Lines, the incum­ to emphasize our intention to consider its Policy Statement implementing bent carriers. These carriers argue basi­ certain matters that are of particular NEPA, would generally constitute a cally that their existing service is suffi­ importance to the Board. The air trans­ major Federal action significantly affect­ cient, that traffic has declined recently, portation system is slowly emerging from ing the quality o f the environment and and that future traffic needs do not re­ a period of lagging traffic growth and we perceive no special circumstances quire the authorization of competitive overcapacity and the Board is now en­ which would otherwise bring this partic­ service. Allegheny Airlines and the City gaged in a long-range program looking ular case within our general guidelines. of Philadelphia and the Philadelphia toward a rationalization of the existing See sec. 399.110 of the Board’s Policy system and an improvement in the eco­ Statements. The three airports directly Chamber of Commerce filed in support involved — Philadelphia International of the Board’s tentative decision.1 nomic health of the industry. The earn­ ings prospects of the carriers, however, Airport, Rochester Municipal Airport, Upon consideration of the matters pre­ and Hancock Field—already receive a sented, the Board has determined to re­ still remain somewhat uncertain. In such an atmosphere the Board ¿nust be more substantial volume of service and we do mand the proceeding to the Adminis­ not believe that a possible increase of trative Law Judge for further hearings than usually careful in appraising all of the various costs and benefits that a one or two departures at Syracuse and and a new initial decision.8 Rochester, or four departures at Phila­ Our tentative decision concluded, in route award might have on the air trans­ portation system and on the public, delphia, with the small jet equipment part, that projected traffic levels would likely to be employed, will represent more enable Allegheny to conduct an economi­ which, in the end, can only be served by the maintenance of a healthy industry. than a minor quantitative or qualitative cally sound operation leading to a subsidy change in the existing environmental need reduction within the reasonably This is particularly so since today’s air transportation network is highly inte­ conditions at these airports.® near future. As a corollary, we concluded Nonetheless, the Board wishes to give that competitive awards in the two grated and the service benefits flowing to the public in a particular market, if con­ appropriate consideration to all the en­ markets would not adversely affect either vironmental questions which may be pre­ of the incumbent carriers. As noted sidered solely in the narrow framework sented. Therefore, we shall invoke the above, those conclusions were necessarily of a single route award, may be out­ procedures outlined in our Policy State­ based on a somewhat stale record and weighed by a reduction in the public ment implementing NEPA and shall also certain officially noticeable data avail­ instruct the Director, Bureau of Operat­ able at the time. More recent information ing Rights, to prepare *a statement with suggests that anticipated traffic trends »United’s average load factors have not exceeded 50 percent in any month during respect to the environment for consider­ relied upon in reaching those conclusions ation and comment by the parties, other may not have materialized. For exam­ the 12-month period ended May 1973; the carrier’s average load factors have, in fact, environmentally concerned Federal ple, we noted that traffic in the Syracuse been in the 38%-45% range during many of agencies, and other interested persons. market was growing at a substantial rate these months. Similarly, Eastern’s average In accordance with section 399.110 of (better than 18 percent between Calendar monthly load factors have ranged between the Board’s Policy Statements, the Board 1970 and 1971) and could reach the 37% and 54% over the same period. Although neighborhood o f 100,000 annual passen- service segment data is generally not subject to public disclosure, the Board finds that it 5 Philadelphia is a large hub served by is in the public interest to disclose the in­ eleven certificated carriers and generated 1 Allegheny’s brief was accompanied by a formation which it does in this order. 81.000 annual scheduled aircraft departures motion for leave to file an unauthorized * We do note, on the other hand, that Alle­ in the year ended December 1972. Rochester document. Eastern has requested permission gheny now suggests that its recent merger is a medium hub served by three certificated to file a response to Allengheny’s brief. We will permit it to offer certain new beyond carriers and generated almost 23,000 sched­ shall grant both motions. services which it could not provide prior to uled departures during calendar 1972. Syra­ «We shall dismiss that portion of the the merger and which, of course, were not cuse is also a medium hub served by four application which requests Binghamton- considered at all in this proceeding. Such certificated carriers and generated almost Washington authority. As noted in our tenta­ services could include, for example, first 20.000 scheduled departures in calendar 1972. tive decision, Allegheny indicated that it single-plane service in the Syracuse/Roches- In the original phase of this case, Allegheny would not prosecute the Binghamton-Wash- ter-Norfolk/Newport News markets (about proposed to operate two daily round trips ington portion of Mohawk’s original appli­ 6,000 passengers traveled in the Norfolk- each in the Rochester-Philadelphia and cation. Syracuse market alone in FY 1972). Syracuse-Philadelphia markets.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27545 encourages participation in this proceed­ This order will be published in the Haiti in Category 51. The letter published ing, in accordance with the Rules of F e d e r a l R e g is t e r . below also cancels and supersedes that Practice, by the appropriate Federal, By the Civil Aeronautics Board.7 directive. S e t h M . B o d n e r , State and local agencies and by other [ s e a l ] E d w i n Z. H o l l a n d , interested persons to the end of insur­ Secretary. Chairman, Committee for the ing that a complete record is developed Implementation of Textile which will permit full consideration of [PR Doc.73^-21149 Filed 10-3-73;8:45 am] Agreements, and Deputy As­ environmental factors. sistant Secretary for Re­ Accordingly, it is ordered, That: COMMITTEE FOR THE IMPLEMEN­ sources and Trade Assistance. 1. The amended certificate tentatively TATION OF TEXTILE AGREEMENTS Com mittee for th e Implementation of issued to Allegheny Airlines for route 97 T extile A greements CERTAIN COTTON TEXTILES AND COTTON pursuant to Order 72-12-121, Decem­ C ommissioner of Cu sto m s, ber 27,1972, and the findings upon which TEXTILE PRODUCTS PRODUCED OR MANUFACTURED IN HAITI Department of the Treasury, the issuance of said certificate was based, Washington, D.C. 20229. be and they hereby are rescinded; Entry or Withdrawal From Warehouse for September 28,1973. Consumption 2. The above-entitled proceeding, here­ D ear Mr . C ommissioner : This directive inafter entitled the Philadelphia-Roch- S e p t e m b e r 28, 1973. cancels and supersedes the directive issued ester/Syracuse Case, be and it hereby is to you on April 25, 1972, as amended, by the reopened and remanded to the Adminis­ On November 3,1971, the United States Chairman of the Committee for the Imple­ trative Law Judge for a further hearing Government, in furtherance of the ob­ mentation of Textile Agreements regarding and a new initial decision; jectives of, and under the terms of, the imports of cotton textUe products in cate­ 3. The remanded proceeding shall de­ Long-Term Arrangement Regarding In­ gory 51, produced or manufactured in Haiti. termine whether the public convenience ternational Trade in Cotton Textiles Under the terms of the Long-Term Ar­ done at Geneva on February 9,1962, con­ rangement Regarding International Trade in and necessity require the authorization Cotton Textiles done at Geneva on Febru­ of competitive nonstop service between cluded a comprehensive bilateral cotton textile agreement with the Government ary 9, 1962, pursuant to the bilateral cotton Philadelphia, Pa., on the one hand, and textUe agreement of November 3, 1971, be­ Syracuse and Rochester, N.Y., on the of Haiti concerning exports of cotton tween the Governments of the United States other hand, and, if so, which carrier or textiles and cotton textile products from and Haiti, and in accordance with the proce­ carriers should be authorized to provide Haiti imported into the United States dures of Executive Order 11651 of March 3, the required service;8 over a five-year period beginning on Oc­ 1972, you are directed to prohibit, effective tober 1, 1971, andr extending through October 1, 1973 and for the twelve-month 4. Motions to consolidate applications, period extending through September 30, 1974, and motions or petitions seeking modifi­ September 30, 1976. Among the provi­ sions of the agreement are those estab­ entry into the United States for consump­ cation or reconsideration of this order, tion and withdrawal from warehouse for con­ may be filed by parties to this proceed­ lishing an aggregate limit for the 64 cat­ sumption of cotton textile products in Cate­ ing and other interested persons no later egories, and within the aggregate limit gories 39, 51, 53, 54 and 63, produced or than 21 days from the service date of this specific limits on Categories 39, 53, and manufactured in Haiti, in excess of the fol­ order, and answers to such pleadings 54 for the third agreement year begin­ lowing levels of restraint: shall be filed no later than 7 days there­ ning October 1, 1973. Twelve-Month after; The agreement also provides for the Category Levels of Restraint 5. This proceeding shall be conducted establishment of consultation levels of 39 ______dozen pairs___ 220, 500 in accordance with the standards estab­ 385,875 square yards equivalent for each 5 1 ______dozen__21, 682 lished in 14 CFR 399.110: Provided, That category not having a specific limit, in 5 3 ------do___ 20, 687 the Director, Bureau of Operating Rights, Categories 39 through 63 for the agree­ 5 4 ------do___ 33,075 63 ______pounds__ 83, 886 shall have a draft statement with respect ment year beginning October 1, 1973. to the environment prepared and cir­ Pursuant to paragraph 16 of the agree­ In carrying out this directive, entries of culated at least 15 days prior to the date ment, the United States Government has cotton textile products in Categories 39, 53, of the hearing to be held pursuant to decided to control imports in Categories and 54, produced or manufactured in Haiti paragraph 2; 51 and 63 at these levels for the agree­ and which have been exported to the United ment year beginning October 1,1973. Ac­ States from Haiti prior to October 1, 1973, 6. A copy of this order shall be served shall, to the extent of any unfilled balances, upon the follow ing: cordingly, there is published below a let­ be charged against the levels of restraint (a) The Departments of Commerce; ter o f September 28, 1973 from the established for such goods during the period Health, Education, and Welfare; Hous­ Chairman of the Committee for the Im­ October 1, 1972 through September 30, 1973. ing and Urban Development; Interior; plementation of Textile Agreements to In the event that the levels of restraint es­ and Transportation; the Commissioner of Customs, directing tablished for such goods for that period have (b) The Environmental Protection that the amounts of cotton textile prod­ been exhausted by previous entries, such ucts in Categories 39, 51, 53, 54, and 63 goods shall be subject to the levels set forth Agency and the Council on Environ­ in this letter. mental Quality; produced or manufactured in Haiti, Entries of cotton textile products In Cate­ (c) The Governors of the States of Which may be entered or withdrawn gories 51 and 63, produced or manufactured New York and Pennsylvania; from warehouse for consumption in the in Haiti and which have been exported to the (d) The Bureau of Environmental United States for the twelve-month pe­ United States from Haiti on or after Octo­ Protection of the New York State De­ riod beginning October 1, 1973, and ex­ ber. 1, 1973, shall be subject to the levels set partment of Law (80 Center Street, New tending through September 30* 1974, be forth in this letter. York, New York 10013), the New York limited to the designated levels. The let­ The levels of restraint set forth above are State Department of Environmental ter published below and the actions pur­ subject to adjustment pursuant to the pro­ .Conservation (50 Wolf Road, Albany, suant thereto are not designed to imple- visions of the bilateral agreement of No­ New vember 3, 1971, between the Governments of York 12201), and the Pennsylvania ment^all the provisions of the bilateral the United States and Haiti which provide, Department of Environmental Resources agreement, but are designed to assist in part, that within the aggregate limit, the (South Office Building, Harrisburg, only in the implementation of certain of limits of certain categories may be exceeded Pennsylvania 17120). by not more than 5 percent; for the limited its provisions. carryover of shortfalls in certain categories 7. The motions of Allegheny Airlines Previously, the Chairman of the Com­ to the next agreement year; and for admin­ and Eastern Air Lines for leave to file mittee for the Implementation of Textile istrative arrangements. Any appropriate ad­ an unauthorized document be and they justments pursuant to the provisions of the Agreements issued a directive pursuant bilateral agreement referred to above, will hereby are granted. to the bilateral agreement prohibiting be made to you by further letter. entry of cotton textile products from A detailed description of the categories In 8 Any award made in the remanded pro­ terms of T.S.U.S.A. numbers was published ceeding shall be ineligible for subsidy. The in the F ederal R egister on April 29, 1972 (37 application for Binghamton-Washington au­ 7 Murphy, member, dissenting and issuing FR 8802), as amended on February 14, 1973 thority is dismissed. statement filed as part of original document. (38 FR 4436).

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27546 NOTICES

In carrying out the above directions, entry signed to implement all of the provisions International Trade in Cotton Textiles done into the United States for consumption shall of the bilateral agreement, as amended, at Geneva oh February 9, 1962, pursuant to be construed to include entry for consump­ but are designed to assist only in the the bilateral Cotton Textile Agreement of tion into the Commonwealth of Puerto Rico. December 30, 1971, as amended, between the The actions taken with respect to the Gov­ implementation of certain of its provi­ Governments of the United States and the ernment of Haiti with respect to imports sions. Republic of Korea, and in accordance with of cotton textiles and cotton textile products Seth M. B odner, the procedures of Executive Order 11651 of from Haiti have been determined by the Chairman, Committee for the March 3, 1972, you are directed to prohibit, Committee for the Implementation of Tex­ Implementation of Textile effective October 1, 1973, and for the twelve- tile Agreements to involve foreign affairs month period extending through Septem­ functions of the United States. Therefore, the Agreements, and Deputy As­ ber 30, 1974, entry into the United States for directions to the Commissioner of Customs, sistant Secretary for Re­ consumption and withdrawal from warehouse being necessary to the implementation of sources and Trade Assistance, for consumption, of cotton textiles and cot­ ton textile products in categories 7, 9/10, such actions, fall within the foreign affairs Com m ittee for the I mplémentation of 18/19/26 printcloth only), 22/23, 26 (duck exception to the rule-making provisions of 5 T extile Agreements U.S.C. 553. This letter will be published in fabric), 27/26 (other than duck fabric and the F ederal R egister. Commissioner of Cu sto m s, printcloth), part of 31, 34/35, 38, 39, 45, Department of the Treasury, 46/47, 48, 49, 50, 51, 52, 53, 54, 55, 60, and Sincerely, Washintgon, D.C. 20229. ' parts of 64 (tablecloths, napkins, and zipper Seth M. Bodner, September 28, 1973. tapes only), produced or manufactured in the Chairman, Committee for the Im­ Republic of Korea in excess of the following plementation of Textile Agree­ D ear M r. Commissioner : Under the terms ments, and Deputy Assistant Sec­ of the Long-Term Arrangement Regarding twelve-month levels of restraint: retary for Resources and Trade 12-month Assistance. levels of [FR Doc.73-21234 Filed 10-2-73;4:14pm] Category ~ restraint ______square yards— 799,452 In i^ " ------a ° „ _ _ 4 , 836, eso CERTAIN COTTON TEXTILES AND COTTON 18/19/26 (prlntdotu only»)------— ------TEXTILE PRODUCTS PRODUCED OR ¡£ £35 »2 MANUFACTURED IN THE REPUBLIC OF KOREA 27/26 (other than duck fabric and printcloth)®------d o.— . sib, » is Entry or Withdrawal From Warehouse for 31 (only T.S.U.S.A. No. 366.2740)------. . . .piece*. _ *>520.558 Consumption 34/35 ------184’, 682 September 28,1973. _Q ______dozen pairs 177,037 On December 30, 1971, the United 4 5 ------______- ______dozen__ 47,968 00,7* ______square yards equivalent— 1,783,115 States Government, in furtherance of the 46/41------______dozen.. 15,228 objectives of, and under the terms of, 46 ------...... - ______do____ 39,972 the Long-Term Arrangement Regarding 4 » ------______dQ____ 67 157 International Trade in Cotton Textiles o u ------^ ______dQ____ 91, i38 done at Geneva on February 9, 1962, o i ------——------...... r? ______d o .— 47,968 concluded a new comprehensive bilateral „ ------_------d o.___ 15,228 agreement with the Government of the 5 3 ------______d o .... 71, 951. Republic of Korea concerning exports of c c ------do____ 15,228 cotton textiles and cotton textile prod­ 60 ------— ^ - ______do____ 41, 574 ucts from Korea to the United States. 64 (only TJ5.U.S.A. Nos.: 366.4500, 366.460», and 366.4700)------pounds._ 730> 6®® Subsequently, the agreement was 64 (only T.S.UJS.A. No._347.3340)------— do------»9. 538 amended by limiting the product cover­ i In Category 26, the T.S.U.S.A. Nos. for printcloth are: age of the specific export limitation for 320 34 322. 34 327.__34 Category 31 to she«) towels (also known 321 34 326 34 328— 34 as wiping cloths); and by deleting the s The T.S.U.S.A. Nos. for duck fabric are: specific export limitation for Category 63. 320 _ 01 through 04, 06, 08 326— 01 through 04, 06, 08 Among the provisions of the agreement, 321 _ 01 through 04,06,08 327— 01 through 04,06, 08 as amended, are those establishing spe­ 322 _ 01 through 04, 06, 08 328— 01 through 04, 06,08 cific export limitations on Categories 7, • i n category 26, all T.S.U5.A. Nos. not included in footnotes 1 and 2. 9/10, 18/19/26 (printcloth), 22/23, 26 (duck fabric), 27/26 (other than duck In carrying out this directive, entries of agreement year; and for administrative ar­ fabric and printcloth), 31 (shop towels), cotton textiles and cotton textile products rangements. Any appropriate adjustments 34/35, 38, 39, 45, 46/47, 48, 49, 50, 51, 52, in the above categories produced or manu­ pursuant to the provisions of the bilateral 53, 54, 55, 60, and parts of 64 (table­ factured in the Republic of Korea, which agreement refered to above, will be made to have been exported to the United States from you by further letter. cloths, napkins, and zipper tapes only), A detailed description of the categories for the fourth agreement year beginning the Republic of Korea prior to October 1, 1973, shall, to the extent of any unfilled in terms of T.S.U.S.A. numbers was published October 1,1973. balances be charged against the levels of re­ in the Federal R egister on April 29, 1972 There is published below a letter of straint established for such goods for the (37 FR 8802), as amended on February 14, September 28, 1973 from the Chairman twelve-month period beginning October 1, 1973 (38 FR 4436). of the Committee for the Implementa­ 1972, and extending through September 30, In carrying out the above directions, entry tion of Textile Agreements to the Com­ 1973. In the event that the levels of restraint into the United States for consumption shall for the twelve-month period ending Septem­ be construed to include entry for consump­ missioner of Customs, directing that the ber 30, 1973 have been exhausted by previous tion into the Commonwealth of Puerto Rico. amounts of cotton textiles and cotton entries, such goods shall be ^subject to the The actions taken with respect to the Gov­ textile products in the above categories, levels of restraint set forth in this letter. ernment of the Republic of Korea and with produced or manufactured in the Repub­ The levels of restraint set forth above are respect to imports of cotton textiles and cot­ lic of Korea, which may be entered or subject to adjustment pursuant to the pro­ ton textile products from the Republic of withdrawn from warehouse for con­ visions of the bilateral agreement of Decem­ Korea have been determined by the Commit­ ber 30, 1971, as amended, between the Gov­ tee for the Implementation of Textile Agree­ sumption in the United States for the ments to involve foreign affairs functions of twelve-month period beginning on Octo­ ernments of the United States and the Re­ public of Korea which provide, in part, that the United States. Therefore, the directions ber 1, 1973, and extending through Sep­ within the aggregate limit, the limits of cer­ to the Commissioner of Customs, being nec­ tember 30, 1974, be limited to certain tain categories may be exceeded by not more essary to the implementation of such ac­ designated levels. This letter and the than five percent; for the limited carryover tions, fall within the foreign affairs excep­ actions pursuant thereto are not de­ of shortfalls in certain categories to the next tion to the rule-making provisions of 5 U.S.C.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27547

553. This letter will be published in the Com m ittee fob th e I mplementation of T extile A greements F e d e r a l R egister. Commissioner of Cu stom s, Sincerely, Department of the Treasury, Seth M. B odner, Washington, D.C. 20229. Chairman; Committee for the Im­ September 28, 1973. plementation of Textile Agree­ D ear Mr. Commissioner: Under the provisions of the bilateral Wool and Man-Made Fiber ments, and Deputy Assistant Sec­ Textile Agreement of January 4, 1972, as amended, between the Governments of the United retary for Resources and Trade States and the Republic of Korea and in accordance with the procedures of Executive Order Assistance. 11651 of March 3, 1972, you are directed to prohibit, effective October 1, 1973 and for the [FR Doc.73-21235 Filed 10-2-73;4:15 pm] twelve-month period extending through September 30, 1974, entry into the United States for consumption and withdrawal from warehouse for consumption of wool textile products in Categories 104 and 120; man-made fiber textile products in Categories 200-205 and 241-243, CERTAIN WOOL AND MAN-MADE FIBER as a group, and the nine constituent categories comprising that group; Categories 206-213, TEXTILE PRODUCTS PRODUCED OR as a group, and the eight constituent cateories comprising that group; and Categories 214- MANUFACTURED IN THE REPUBLIC OF 240, as a group, and the 27 constituent categories comprising that group, 'ih excess of the KOREA following twelve-month levels of restraint : Entry or Withdrawal From Warehouse for Category 12-month levels of restraint Consumption 104 ------.------1,536,169 square yards. 1 2 0 ------'------320,447 numbers. S e p t e m b e r 28, 1973. 200-205 and 241-243------,__------s------37,450,400 square yards equivalent. On January 4, 1972, the United States *200 — ------_------1,709,402 pounds. Government concluded a comprehensive *201 ---- 1------96,339 pounds. bilateral wool and man-made fiber tex­ *202 ------1,724,138 pounds. tile agreement with the Government of *203 ------___*------147,059 pounds. the Republic of Korea concerning ex­ *204 ------_------121,359 pounds. ports of wool and man-made fiber textiles *205 ------V.______142,450 pounds. *24 1______:------4,545,455 square feet. from the Republic of Korea to the United *242 ------______------___------64,103 pounds. States over a five-year period beginning *243 ______256,410 pounds. October 1, 1971 and extending through 206-213 ——______18,887,700 square yards equivalent. September 30, 1976. Subsequently, the *206 ______.______500,000 square yards. agreement was amended (1) to remove *207 _____ •______500,000 square yards. men’s and boys’ trousers from Category *208 ------10,000,000 square yards (of which not more 222 and include them in Category* 224, than 8,000,000 square yards may be in providing subceilings for men’s and boys’ TSUSA Nos. 338.3044 and 338.3045). knit suits and separate coats, including *209 ______500,000 square yards. suit-type coats and jackets, in Category *2 1 0 ______900,000 square yards. 224; and (2) to provide a subceiling for 211 ______,*______2,004,636 pounds. tie fabrics within the limit established *212 ______;______500,000 square yards. for Category 208. Among the provisions *213 ______'.______134,615 pounds. of the agreement, as amended, are those 214-240 ______’______348,971,900 square yards equivalent. *214 ______198,300 dozen pairs. establishing export limitations for the *215 ______j______163,043 dozen pairs. third agreement year beginning O cto­ 216 ______136,438 dozen. ber 1, 1973 on wool textile products in *21 7______6,736 dozen. Categories 104 and 120; and man-made *218 ______414,365 dozen. fiber textile products in Categories 200- 219 ______f______3,386,991 dozen. 205 and 241-243, as a group, as well as *220 ______'______28,090 dozen. on the nine individual categories within 221 ______2,565,103 dozen. the group; man-made fiber textile prod­ Part 222 (excluding TSUSA Nos. 380-0428 and 732,794 dozen. ucts in Categories 206-213, as a group, 380.8165) . as well as the eight individual categories *223 ______437,500 dozen. within the group; and man-made fiber *224/part 222 (only TSUSA Nos. 380.0428 and 5,580,692 pounds (of which not more than textile products in Categories 214-240, 380.8165) . 1,282,051 pounds may be in TSUSA No. as a group, as well as the twenty-seven 380.8160 and not more than 769,231 pounds individual categories within that group. may be in TSUSA Nos. 380.8150 and Accordingly, there is published below 380.8155). 8, letter of September 28, 1973 from the *225 ______42,105 dozen. *226 ______210,843 dozen. Chairman o f the Committee for the Im ­ *227 ______25,641 pounds. plementation of Textile Agreements to 228 _____ ,______r______702,002 dozen. the Commissioner of Customs directing 229 ______704,876 dozen. that the amounts of wool and man-made *230 ______.,______11,038 dozen. fiber textile products in the above cate­ *2 3 1 ______3,922 dozen. gories produced or manufactured in the *232 ______3,849 dozen. Republic o f Korea which may be en­ *233 ______9,390 dozen. tered or withdrawn from warehouse for 234 ______3,521,435 dozen. consumption in the United States for 235 ______1,302,967 dozen. the twelve-month period beginning Oc­ *236 ______19,663 dozen. tober 1, 1973, and extending through *237 ______126,667 numbers. September 30,1974, be limited to the des­ 238 ______174,741 dozen. ignated levels. The letter published be­ *239 _.______12,500 dozen. low, and the actions pursuant thereto are *240 ______z.____ 1,043,210 pounds. not designed to implement all of the ♦Consultation categories—levels established in accordance with provisions of paragraph 3 Provisions o f the bilateral agreement, but of the wool and man-made fiber textile agreement with the Republic of Korea. are designed to assist only in the imple­ mentation of certain o f its provisions. In carrying out this directive entries of goods during the period October 1, 1972 wool and man-made fiber textile products through September 30, 1973. In the event S e t h M . B o d n e r , in the above categories, produced or manu­ that the levels of restraint for that period Chairman, Committee for the factured in the Republic of Korea, which have been exhausted by previous entries, Implementation of Textile have been exported to the United States such goods shall be subject to the levels set Agreements, and Deputy As­ prior to October 1, 1973, shall, to the extent forth in this letter. sistant Secretary for Re­ of any unfilled balances be charged against The levels of restraint set forth above are sources and Trade Assistance. the levels of restraint established for such subject to adjustment pursuant to the pro-

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27548 NOTICES visions of the bilateral agreement of Jan­ 2. The authority hereby delegated is by Cost of Living Council Order No. 39, uary 4, 1972, as amended, between the Gov­ in addition to the authority delegated 38 FR 22909 (August 27, 1973). ernments of the United States and the to the Administrator, Office of Health, 4. This order shall be effective Republic of Korea which provide in part immediately. that within the aggregate and applicable by Cost of Living Council Order No. 35. J o h n T . D u n l o p , group limits, limits on certain categories may Issued in Washington, D.C. on Octo­ be exceeded by not more than 5 percent; for Director, for George P. Shultz, ber 1, 1973. Chairman, Cost of Living the limited carryover of short-falls in certain J o h n T. D u n l o p , categories to the next agreement year; for Council. limited inter-flber flexibility between cotton Director, Cost of Living Council. textile and man-made fiber textile products of [FR Doc.73-21225 Filed 10-2-73;! :00 pm] O c t o b e r 2, 1973. the comparable category; and for adminis­ [FR Doc.73-21310 Filed 10-3-73;9:ll am] trative arrangements-. A detailed description of the wool and [Cost of Living Council Order 44] man-made fiber textile categories in terms of DIRECTOR, ENERGY POLICY OFFICE FOOD INDUSTRY WAGE AND SALARY TSUSA numbers and conversion factors was COMMITTEE published in the Federal R egister on Delegation of Authority; Stabilization of April 29, 1972 (37 Fit 8802), as amended on Propane Prices Notice of Closed Meeting February 14,1973 ( 38 FR 4436). Pursuant to the provisions of the Fed­ In carrying out this directive, entry into On August 12,1973, the Director of the the United States for consumption shall be Energy Policy Office acting under the eral Advisory Committee Act (Public construed to include entry for consumption authority of section 203(a)(3) of the Law 92-463, 86 Stat. 770) notiee is here­ into the Commonwealth of Puerto Rico. Economic Stabilization A ct o f 1970, as by given that the Food Industry Wage The actions taken with respect to the amended, issued proposed regulations and Salary Committee, established under Government of the Republic of Korea and for a mandatory allocation program for the authority of section 212(f) (iv) of with respect to imports of wool and man­ propane, 38 FR 23977 (September 5, Executive Order 11695, and Cost of Liv­ made fiber textile products from the Re­ 1973). On September 7,1973, the Director ing Council Order No. 14, will meet at public of Korea have been determined by the 10:00 a.nu, Thursday, October 11, 1973, Committee for the Implementation of Tex­ held a public hearing on the proposed tile Agreements to involve foreign affairs regulations and on all phases of the pro­ at 2025 M Street NW., Washington, D.C. functions of the United States. Therefore, posed propane allocation program. The agenda will consist of discussions the directions to the Commissioner of Cus­ Propane production represents less leading to recommendations on specific toms, being necessary to the implementation than 2 percent of the petroleum indus­ Phase H and Phase III wage cases in the of such actions, fall within the foreign affairs try’s output of finished refined products.. food area, and future wage policy. exception to the rule-making provisions of 5 Since the above stated meeting will U.S.C. 553. This letter will be published in It is therefore a very small part of the total universe of petroleum products sub­ consist of discussions of future food wage the F ederal R egister. ject to price stabilization regulations of policy and Phase H and HI cases for de­ Sincerely, the Cost of Living Council. Moreover one cision, pursuant to authority granted me Seth M. B odner, by Cost of Living Council Order 25,1 have Chairman, Committee for the Im­ of the high priority uses of propane is in agriculture for crop-drying and related determined that the meeting would fall plementation of Textile Agree­ within exemption (5) of 5 U.S.C. 552(b) ments, and Deputy Assistant Sec­ purposes. In view of the record size of retary for Resources and Trade crop harvests this year, immediate di­ and that it is essential to close the meet­ Assistance. version of adequate propane supplies ing to protect the free exchange of in­ ternal views and to avoid interference (FR Doc.73^21233 Filed 10-2-73;4:12 pm] may be needed to meet anticipated heavy demand in the agricultural sector in the with the operation of the Committee. CONSUMER PRODUCT SAFETY fall and winter months immediately Issued in Washington, D.C., on Octo­ ahead. These factors led the Council and ber 3,1973. COMMISSION the Energy Policy Office to conclude that H e n r y H . P e r r i t t , Jr., (DOC FF 4-72] authority with respect to price stabiliza­ Executive Secretary, tion of propane should be lodged with Cost of Living Council. MATTRESSES the Energy Policy Office which has pre­ Notice of Amendments to Flammability pared the mandatory propane allocation [FR Doc.73-21322 Filed 10-3-73; 10:45 am] Standard program in order to coordinate effec­ Correction tively in this case the use of price and ENVIRONMENTAL PROTECTION mandatory allocations as a means of as­ AGENCY In FR Doc. 73-11273, appearing at page suring that limited supplies fulfill the 15095 in the issue of Friday, June 8,1973, most essential uses of propane. HAZARDOUS MATERIALS ADVISORY In the second column on page 15096, in Therefore, pursuant to the authority COMMITTEE the first sentence of paragraph (j), the vested in me by Executive Order No. Notice of Meeting word “quality” should read “quantity”. 11695, it is hereby ordered as follow s: 1. There is delegated to the Director Pursuant to Public Law 92—463, notice of the Energy Policy Office all of the is hereby given that a meeting of the COST OF LIVING COUNCIL Hazardous Materials Advisory Commit­ [Order No. 35A] authorities delegated to the Chairman of the Cost of Living Council by Executive tee will be held at 8:30 a.m., October 15- ADMINISTRATOR, OFFICE OF HEALTH Order No. 11695 insofar as they pertain 16, 1973, in Room 3307, Waterside Mall, 401 M Street, SW., Washington, D.C. Delegation of Authority to stabilizing the prices of propane under the Economic Stabilization Act o f 1970, This is a regularly scheduled meeting Pursuant to the authority vested in me as amended, including, without limita­ of the Committee. The agenda includes as Director of the Cost of Living Coun­ tion, the power and duty to make the Staff Director’s report, a discussion of cil by Cost of Living Council Order Nos. determinations and take the actions re­ factors limiting environmental measure­ ments, research on effects of pesticides 14 and 29, it is hereby ordered as follows: quired or permitted by the Act and the 1. There is delegated to the Adminis­ power to redelegate any of the authority and other toxicants on aquatic life, the trator, Office of Health, subject to the effect of proposed supplemental control thereunder. systems on air pollution, environmental general policy guidance of and in coor­ 2. For the purposes of this order, “pro­ studies in California, progress on the ni­ dination with the Director of the Cost of pane” means a hydrocarbon whose chem­ Living Council, or his delegate, authority trogen study, progress of the hexachloro- to make decisions and issue certificates ical composition is predominantly C3Hs, benzene study, progress on the herbicide of compliance to designated state certi­ and includes propane-butane mixes. study, review of asbestos in the environ­ fying agents pursuant to section 300.18 3. The authority delegated herein is in ment, member items of interest, reports (i) of Title 6, Code of Federal Regu­ addition to the authority delegated to and comments of program liaison repre­ lations. the Director of the Energy Policy Office sentatives.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27549

The meeting Is open to the public. Any Application FEDERAL POWER COMMISSION member of the public wishing to attend or Company name and city: No. participate or to present a paper should ' Smith-Douglass, Norfolk, VA_ 4185-LEN [Docket Nos. RP72-122, RP73-93] contact Dr. Winfred F. Malone, Acting 4185-LRT COLORADO INTERSTATE GAS CO. Staff Director, Hazardous Materials Ad­ 4185—LRI visory Committee, (703) 557-7720. 4185-LRO Motion To Substitute Tariff Sheets Helena Chemical Co., Mem- S e p t e m b e r L . D. A t t a w a y , phis, TN___ !______5905-ERI 25, 1973. Deputy Assistant Administra­ 6905—ERO Take notice that on September 17, tor for Research and Develop­ Cleveland Chemical Co., 1973, Colorado Interstate Gas Company m ent. Cleveland, MS______8867-GE (CIG), filed a motion to make effective 8867-EO and substitute certain tariff sheets in the September 28,1973. Ring Around Products, Mont­ above dockets. [FR Doc.73-21166 Filed 10-3-73;8:45 am] gomery, AL______8934-IE Riverside Chemical Co., Mem­ CIG asserts that this motion effectu­ phis, TN______; 9779-ENN ates the Commission order of April 27, 9779-ENR 1973, in Docket No. RP73—93 wherein IDENTIFICATION AND CONTROL OF POL­ it stated: LUTION FROM SALT WATER INTRUSION 9779-ROO Gold Kist, Inc., Atlanta, GA_ 2269-RAE If approval in Docket No. CP73-184 has Availability of Report Olin Corp., Little Rock, AR__ 1258-0AL not been granted by October 1, 1973, CIG 1258-OAA The Environmental Protection Agency must file appropriate substitute rates to 1258-OAT reflect the continuation of its ownership of report “Identification and Control of 1258-0AI Pollution from Salt Water Intrusion,” the production properties which are the sub­ for use on cotton against the cotton pest ject of that docket, and appropriate rates has been completed in accordance with reflecting those facilities subject of Docket seetion 304(e) (.1*2) (E) of P.L. 92-500. complex, have been denied pursuant to Nos. CP73—44, CP73-100, CP73-174, CP73-237, the provisions of section 3 of the Federal A limited number of copies are available CP73-238 and CP73-250 certified on or before Insecticide, Fungicide and Rodenticide October 1, 1973. from the Office of Public Inquiries, En­ Act, as amended (86 Stat. 981). The rea­ vironmental Protection Agency, Wash­ sons for denial are set forth in the order CIG states that only the facilities in­ ington, D.C. 20460. Copies will be avail­ o f the Administrator, filed June 14, 1972 volved in Docket No. CP73-184 have not yet been certified; therefore, this filing able in approximately six weeks from the and published in the F e d e r a l R e g is t e r of July 7, 1972 (37 FR 13369), and the is necessary to effectuate the Commis­ Superintendent of Documents, U.S. Gov­ sion’s order. An effective date of Octo­ ernment Printing Office, Washington, failure of the applicant to submit data in support of the application, as required ber 1, 1973, is requested. The tariff sheets D.C. 20402. by section 3(c) (1) of the Act. are to be also substituted in Docket No. RP72-122, a filing pursuant to CIG’s pur­ R o b e r t L. S a n s o m , Dated October 1, 1973. Assistant Administrator chased gas adjustment clause for the same reasons. for Air and Water Programs. H e n r y J . K o r p , Deputy Assistant Administrator Responses to and comments on CIG’s S e p t e m b e r 28, 1973. for Pesticides Programs. motion should be filed with the Federal [FR Doc.73-21082 Filed 10-3-73;8:45 am] Power Commission, 825 North Capitol, [FR Doc.73-21167 Filed 10-3-73;8:45 am] NE., Washington, D.C. 20426 on or be­ fore October 5, 1973. Any party who has THOMPSON-HAYWARD CHEMICAL CO. FEDERAL HOME LOAN BANK BOARD previously intervene need not do so ET AL. again. MIDWESTERN FIDELITY CORP. Notice of Denial of Registrations K e n n e t h F . P l u m b , Notice of Receipt of Application for Per­ Secretary. Notice is hereby given that applications mission To Acquire Control of Savings [FR Doc.73-21168 Filed 10-3-73;8:45 am] for registrations of pesticides contain­ Association ing DDT (l,l,l-trichloro-2,2-bis(p-chlo- O c t o b e r 1, 1973. rophenyl) ethane) by the Thompson- Notice is hereby given that the Federal [Docket No. E-8248 ] Hayward Chemical Co. et al. (application Savings and Loan Insurance Corpora­ MINNESOTA POWER & LIGHT CO. tion has received an application from the numbers listed below) : Midwestern Fidelity Corporation, Mil­ Notice of Applications Application ford, Ohio, a unitary savings and loan S e p t e m b e r 26,1973. Company name and city: No. holding company, for approval of ac­ Take notice that on May 31, 1973, Thompson-Hayward Chemical quisition of control of The Buckeye Sav­ Co., Kansas City, KS______148-RRGE Minnesota Power & Light Company (Ap­ ings Association, Cincinnati, Ohio, under plicant) tendered for filing pursuant to Daly-Herring Co., Kinston, the provisions of section 408(e) of the NC ______240—ENT section 203 of the Federal Power Act and Woolf oik Chemical Works, National Housing Act, as amended (12 Part 33 of the regulations issued there­ Fort Valley, GA______769-UEA U.S.C. 1730a(e) ), and § 584.4 of the reg­ under, an agreement for the sale to Co­ 769-UET ulations for Savings and Loan Holding operative Power Association o f 24.03 769-UEI Companies, said acquisition to be effected miles of Applicant’s 230 kV electric trans­ Valley Chemical Co., Green­ by the purchase for cash of shares of mission line No. 915 for the sum of $854,- ville, MS______!______1063—REN said company by Midwestern Fidelity Carolina Chemical, Inc., West 478.69. The proposed transaction will Corporation. Following said purchase eliminate the charge for wheeling power Columbia, SC______1191-GRO The Buckeye Savings Association will be 1191-GEL as provided in the Integrated Transmis­ 1191—GEU merged into Keystone Savings Associa­ sion Agreement between the parties 1191-GEN tion, a subsidiary of Midwestern Fidelity dated August 25, 1967 (R ate Schedule 1191-GEG Corporation. Comments on the proposed FPC No. 89), and Applicant files accord­ W. R. Grace & Co., Memphis, acquisition should be submitted to the ingly Supplement No. 1 thereto, dated TN------2124-TIA Director, Office of Examinations and Su­ February 28, 1973, pursuant to section 2124-TIL pervision, Federal Home Loan Bank 205 of the Federal Power Act and Part Stephens Industries, Dawson, Board, W ashington, D.C. 20552, on or GA ...... 2459—ELG 35 of the regulations. Applicant requests V; 2459—ELE before November 5, 1973. (1) dating of the Bill of Sale back to Standard Spray & Chemical [ s e a l ] E u g e n e M . H e r r i n , April 30, 1973, and (2> an effective date Co., Lakeland, FL______3238-AO Assistant Secretary, for the rate schedule supplement of May Southern Agricultural Chemi­ Federal Home Loan Bank Board. 1,1973. cals, Kingstree, SC______3743-GRE Any person wishing to be heard or to 3743-GRG [FR Doc.73-21144 Filed 10-3-73; 8:45 am] make any protests with reference to such

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 No. 192------7 27550 NOTICES filed proposed increased rates to the ap­ the State. Since Bank is a proposed new Applications should on or before Octo­ bank, consummation of the acquisition ber 5, 1973, file with the Federal Power plicable area new gas ceiling based on the interpretation of vintaging concepts set would neither eliminate existing com­ Commission, Washington, D.C. 20426, petition nor increase immediately Ap­ petitions or protests in accordance with forth by the Commission in its Opinion No. 639, issued December 12,1972. plicant’s share of commercial bank the requirements of the Commission’s deposits either in Michigan or in the Al­ rules of practice and procedure (18 CFR The information relevant to each of these sales is listed in the Appendix legan market. 1.8 or 1.10). All protests filed with the Bank will be located in downtown Al­ Commission will be considered by it in below. Any person desiring to be heard or to legan, Michigan, a town of 4,516 people determining the appropriate action to according to the latest Census. Currently, be taken but will not serve to make the make any protest with reference to said filings should on or before October 4, there is only one bank in downtown Al­ Protestants parties to the proceeding. legan and it is controlled by a competitor, Persons wishing to become parties to a 1973, file with the Federal Power Com­ The First National Bank & Trust Com­ proceeding or to participate as a party mission, Washington, D.C. 20426, a peti­ pany of Michigan, Kalamazoo, Michigan. in any hearing therein must file peti­ tion to intervene or a protest in accord­ tions to intervene in accordance with the The closest bank to Allegan is a branch Commission’s rules. The Applications are ance with the requirements of the of Applicant’s subsidiary, American Na­ tional Bank & Trust Company of Michi­ on file with the Commission and are Commission’s rules of practice and pro­ cedure (18 CFR 1.8 or 1.10). All protests gan, located in West Allegan, 4 miles available for public inspection. from downtown Allegan. Applicant will filed with the Commission will be con­ K enneth F. P lumb, seek permission to spin off the branch Secretary. sidered by it in determining the appro­ at West Allegan which will be acquired priate action to be taken but will not by Bank and operated as its branch. [PR Doc.73-21170 Filed 10-3-73;8:45 am] serve to make the protestants parties to Thus, the convenience and needs of the proceeding. Any party wishing to be­ those presently using the West Allegan [Rate Schedule Nos. 5, et al.] come a party to a proceeding or to par­ branch will continue to be served as well as those residents who need or desire SUBURBAN PROPANE GAS CORP. ticipate as a party in any hearing there­ downtown banking facilities. Bank is Rate Change Filings in must file a petition to intervene in approximately 12.5 miles from' the next accordance with the Commission’s rules. September 26,1973. closest office of a subsidiary of Applicant in Plainwell, from which it is separated Take notice that the producers listed K enneth F. P lumb, Secretary. by 4 banking offices of a competitor bank. in the Appendix attached hereto have Establishment of Bank should not ad­ A p p e n d ix versely affect present or potential competition. Filing date Producer Sctodule The financial condition, management, and future earnings prospects of both Bank and Applicant are satisfactory and 6 Arkansas Louisiana Gas Other Southwest Area. Sept. 7, 1973.. Suburban Propane Gas are consistent with approval. Corp., P.O. Box 206, Co. Whippany, N.J. 07981. There is no evidence that the conveni­ 43 Tennessee Gas Pipeline C o.. Texas Gulf Coast. Sept. 11,1973. Texas Oil & Gas Corp., ence and needs of the Allegan market Fidelity Union Tower Bldg., Dallas, Tex. 75201. are not being adequately met. However, 80 United Gas Pipe Line Co... Do. D o...... establishment of another bank in down­ Texaco, Inc., P.Ó. Box 14 Panhandle Eastern Pipe Hugoton-Anadarko. Sept. 20, 1973. Line Co. town Allegan will offer an alternative to 52332, Houston, Tex. 77052. those residents who prefer to do their [PR Doc.73-21171 PUed 10-3-73;8:45 am] banking downtown. Thus, the factors re­ lating to convenience and heeds of the AMERICAN NATIONAL HOLDING CO. community to be served are consistent FEDERAL RESERVE SYSTEM with approval. It is the Board’s judg­ Order Approving Acquisition of Bank AMERICAN BANCORPORATION ment that the acquisition of the shares American National Holding Company, of the proposed bank is in the public Acquisition of Bank Kalamazoo, Michigan, a bank holding interest and that the application should American Bancorporation, Columbus, company within the meaning of the Bank be approved. Ohio, has applied for the Board’s ap­ Holding Company Act, has applied for On the basis of the record, the appli­ proval under section 3(a) (3) of the Bank the Board’s approval under section 3 (a) cation is approved for the reasons sum­ Holding Company Act (12 U.S.C. 1842(a) (3) of the Act (12 U.S.C. 1842(a) (3)) to marized above. The transaction shall not (3)) to acquire up to 100 percent of the acquire all of the voting shares (less di­ be consummated (a) before the thirtieth voting shares of The American Bank of rectors’ qualifying shares) of The Amer­ calendar day following the effective date Central Ohio, Harrisburg, Ohio. The fac­ ican National Bank in Western Michigan, of this order or (b) later than three tors that are considered in acting on the Allegan, Michigan, a proposed new bank months after that date and (c) The application are set forth in section 3(c) (‘Bank” ) . American National Bank in Western of the Act (12 U.S.C. 1842(c)). Notice of the application, affording op­ Michigan, Allegan, Michigan, shall be The application may be inspected at portunity for interested persons to sub­ opened for business not later than six the office of the Board of Governors or at mit comments and views, has been given months after the effective date of this order. Each of the periods described in the Federal Reserve Bank of Cleveland. in accordance with section 3(b) of the Act. The time for filing comments and (b) and (c) may be extended for good A n y person wishing to comment on the views has expired, and the Board has cause by the Board, or by the Federal application should submit his views in considered the application and all com­ Reserve Bank of Chicago pursuant to writing to the Secretary, Board of Gov­ ments received in light of the factors set delegated authority. ernors of the Federal Reserve System, forth in section 3(c) of the Act (12 By order of the Board of Governors,1 Washington, D.C. 20551, to be received U.S.C. 1842(c)). effective September 27, 1973. Applicant controls 6 banks, with total not later than October 22,1973. deposits of approximately $212.9 million [seal] Chester B. Feldberg, Board of Governors of the Federal Re­ representing less than 1 percent of the Secretary of the Board. serve System, September 27, 1973. total commercial deposit in Michigan. [PR Doc.73-21091 Filed 10-3-73;8:45 am] (All banking data are as of December 31, [seal] T heodore E. Allison, 1 Voting for this action: Vice Chairman Assistant Secretary 1972). The acquisition of Bank will not Mitchell and Governors Brimmer, Sheehan, of the Board. affect Applicant’s ranking as the six­ Bucher, and Holland. Absent and not voting: [PR Doc.73-21092 PUed 10-3-73;8:45 am] teenth largest banking organization in Chairman Burns and Governor Daane.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27551

CENTRAL BANCSHARES OF THE SOUTH, Minnesota. The factors that are consid­ Bank, Fort Worth, Texas (Riverside INC. ered in acting on the application are set Bank), acquired subsequent to Decem­ Acquisition of Bank forth in section 3(c) of the Act (12 U.S.C. ber 31, 1970, without the prior approval 1842(c)). Forest Lake Finance Company, of the Board. Applicant states that the Central Bancshares of the South, Inc., Forest Lake, Minnesota, has also applied, shares in each bank are held by the trust Birmingham, Alabama, has applied for pursuant to section 4(c) (8) of the Bank department of The Fort Worth National the Board’s approval under section 3(a) Holding Company Act (12 U.S.C. 1843 Bank, Fort Worth, Texas, Applicant’s (3) of the Bank Holding Company Act (c) (8)) and § 225.4(b) (2) of the Board’s lead banking subsidiary.1' (12 U.S.C. 1842(a) (3 )) to acquire 80 Regulation Y, for permission to retain Notice of the applications, affording percent or more of the voting shares of the assets and continue to engage in opportunity for interested persons to sub­ The First State Bank of Oxford, Oxford, the activities of a general insurance mit comments and views, has been given Alabama. The factors that are consid­ agency in a town o f less than 5,000 peo­ in accordance with section 3(b) of the ered in acting cm the application are set ple. Notice of the application was pub­ Act. The time for filing comments and forth in section 3(c) of the Act (12 lished on September 13, 1973, in the views has expired, and none has been U.S.C. 1 84 2(c)). Forest Lake Times, a newspaper circu­ timely received. The Board has con­ The application may be inspected at lated in Forest Lake, Minnesota. sidered the applications in light of the the office of the Board of Governors or Applicant states that it would continue factors set forth in section 3(c) of the at the Federal Reserve Bank of Atlanta. to sell ordinary life and casualty Insur­ Act (12 U.S.C. 1842(c)). Any person wishing to comment on the ance including commercial fire, auto­ Applicant controls eight banks3 with application should submit his views in mobile and general liability insurance. aggregate deposits of about $930 million, writing to the Secretary, Board of Gov­ Such activities have been specified by the representing 2.7 percent of the total de­ ernors of the Federal Reserve System, Board in § 225.4(a) of Regulation Y as posits o f commercial banks in the State.® Washington, D.C. 20551, to be received permissible for bank holding companies, Applicant ranks as the fifth largest not later than October 22, 1973. subject to Board approval of individual multi-bank holding company and sixth Board of Governors of the Federal Re­ proposals in accordance with the proce­ largest banking organization in Texas. serve System, September 26, 1973. dures of § 225.4(b). Additionally, Applicant controls between Interested persons may express their [seal] T heodore E. Allison, views on the question whether consum­ 24.4 and 24.9 percent of the voting shares Assistant Secretary mation of the proposal can “reasonably of two other banks located in the Fort of the Board. be expected to produce benefits to the Worth banking market, holding aggre­ [FB Doc.73-21093 Filed 10-3-73;8:45 am] public, such as greater convenience, in­ gate deposits o f $74.2 million. Applicant creased competition, or gains in effi­ also owns 5 percent of the shares of First ciency, that outweigh possible adverse National Bank, Paducah, Texas ($6.8 FIRST TENNESSEE NATIONAL CORP. effects, such as undue concentration of Acquisition of Bank resources, decreased or unfair .competi­ million in deposits). In addition to the shares which are the subject of this ap­ First Tennessee National Corporation, tion, conflicts of interests, or unsound Memphis, Tennessee, has applied for the banking practices.” Any request for a plication, Applicant currently owns or Board’s approval under section 3(a)(3) hearing on this question should be ac­ controls 28.858 percent of Fort Worth companied by a statement summarizing Bank and 28.639 percent of Riverside of the Bank Holding Company Act (12 the evidence the person requesting the U.S.C. 1 84 2(a )(3 )) to acquire 100 per­ hearing proposes to submit or to elicit Bank. cent of the voting shares of the succes­ at the Jiearing and a statement of the Fort Worth National Bank ($582 mil­ sor by merger to Mosheim Bank, reasons why this matter should not be lion in deposits) is the largest of 44 Mosheim, Tennessee. The factors that resolved without a hearing. banks in the Fort Worth RMA, the are considered in acting on the applica­ The application may be inspected at tion are set forth in section 3(c) of the relevant banking market, and controls the offices of the Board of Governors or approximately 26.8 percent of deposits Act (12 U.S.C. 184 2(c)). at the Federal Reserve Bank of Minne­ The application may be inspected at apolis. of commercial banks in that area. Both the office of the Board of Governors or Any views or requests for hearing Fort Worth Bank and Riverside Bank at the Federal Reserve Bank of St. Louis. should be submitted in writing and re­ Any person wishing to comment on the ceived by the Secretary, Board of Gov­ 1Fort Worth National Bank acquired 69i application should submit his views in ernors of the Federal Reserve System, shares of stock in Fort Worth Bank between writing to the Secretary, Board of Gov­ Washington, D.C. 20551, not later than April 1, 1971, and October 8, 1971; and 1,010 ernors of the Federal Reserve System, October 22, 1973. shares of stock in Biverside Bank between Washington, D.C. 20551, to be received April 1, 1971, and May 19, 1972. Section 3(a) net later than October 22, 1973. Board of Governors of the Federal Re­ of the Act provides, in part, that where stock serve System, September 27, 1973. is acquired after December 31,1970, with sole Board of Governors of the Federal discretionary authority to exercise voting Reserve System, September 26,1973. [ seal] T heodore E. Allison, rights, prior approval of the Board is re­ Assistant Secretary quired. Where prior approval has not been [seal] T heodore E. A llison, of the Board. secured, as in the case of a trustee who may Assistant Secretary acquire shares without prior notice, an ap­ o f the Board. [FB Doc.73-21098 Filed 10-3-73;8:45 am] plication is to be filed with the Board within [FR Doc.73-21094 Filed 10-3-73;8:45 am] 90 days after the shares are acquired. If the Board denies the Application, the acquiring FORT WORTH NATIONAL CORPORATION bank must dispose of the shares, or of its Order Approving Retention of Banks sole discretionary voting rights within two FOREST LAKE FINANCE CO. years after the Board’s denial. Applicant Formation of Bank Holding Company and The Fort Worth National Corpora­ states it was unaware that Board approval Proposed Retention and Continuation of tion, Fort Worth, Texas, a bank holding was required in order to retain the shares Insurance Agency Activities company within the meaning of the Bank which are the subject of this Order. Holding Company Act, has applied for a Bank of Forth Worth, Biverside State Forest Lake Finance Company, Forest the Board’s approval under section 3(a) Bank and Tarrant State Bank, all located Lake, Minnesota, has applied for the (3) of the Act (12 U.S.C. 1842(a) (3)) to in Forth Worth, are deemed subsidiaries for Board’s approval under section 3(a) (1) purposes of the Bank Holding Company Act of the Bank Holding Company Act (12 retain indirect ownership, with sole dis­ by virtue of Applicant’s fiduciary holdings in cretionary voting authority, of 691 vot­ said banks and § 2(a) (5) (A) of the Act. U.S.C. 1842(a)(1)) to become a bank 8 All banking data are as of December 31, holding company through acquisition of ing shares of Bank of Fort Worth, Fort 1972, and reflect bank holding company for­ 95 percent or more of the voting shares Worth, Texas (Fort Worth Bank) and mations and acquisitions approved by the of Forest Lake State Bank, Forest Lake, 1,010 voting shares o f Riverside State Board through August 31, 1973.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4 , 1973 27552 NOTICES

operate in the Port Worth RMA‘ and side Bank are not significant competi­ ticut Bancorp, Inc., Hartford, Connecti­ control 2.2 and 1.9 percent of market de­ tors in the Fort Worth mortgage market. cut, a multi-bank holding company, posits respectively. In view of the close Accordingly, it is the Board’s conclusion which engages through a subsidiary in affiliation of Applicant’s lead bank with that approval would not adversely affect the activities of a finance company. The Port Worth Bank and Riverside Bank, competition in mortgage banking in the factors that are considered in acting on which has existed in various forms since Fort Worth area. Foster Financial Cor­ the application are set forth in section 1946 when both banks were organized by poration and its subsidiary, Westcliff 3(c) of the Act (12 U.S.C. 1842(c)). individuals associated with Applicant’s Company, are engaged in land develop­ The application may be inspected at lead bank, and the present ownership by ment, which is not a permitted activity the office of the Board of Governors or Applicant’s stockholders or Applicant of under § 225.4(a) of Regulation Y. (See at the Federal Reserve Bank of Boston. 58.3 percent o f Port W orth Bank and 61 1972 Federal Reserve Bulletin 429). Ap­ Any person wishing to comment on the percent of Riverside Bank, it appears plicant has agreed to divest such activity application should submit his views in that there is no present meaningful com­ within a two-year period (38 Federal writing to the Secretary, Board of Gov­ petition between any of Applicant’s sub­ Register 8694). ernors of the Federal Reserve System, sidiary banks and Port Worth Bank and Applicant's banking and nonbanking Washington, D.C. 20551, to be received Riverside Bank. It appears unlikely that activities remain subject to Board re­ not later than October 23, 1973. any significant competition would de­ view, and the Board retains the author­ Board of Governors of the Federal Re­ velop between Applicant’s lead bank and ity to require Applicant to modify or serve System, September 27, 1973. either Port Worth Bank or Riverside terminate its nonbanking activities or Bank in the future, due to the described holdings if the Board at any time de­ [ seal] T heodore E. A llison, relationship and the absence of any evi­ termines that the combination of Appli­ Assistant Secretary of the Board. dence indicating a probability that the cant’s banking and nonbanking activities [FR Doc.73-21100 Filed 10-3-73;8:45 am] relationship will not continue indefi­ is likely to have adverse effects on the nitely. Irrespective of the affiliation of public interests. both banks with Applicant, no signifi­ STANDARD AND CHARTERED Accordingly on the basis of the record, BANKING GROUP LTD. cant adverse effect on existing or future the applications are approved for the competition in the Fort Worth market reasons summarized above. Order Approving Acquisition of is likely in view of the small market share Mocatta Metals, Inc. of both banks. Moreover, the principal By order of the Board of Governors,® functions between the banks and Appli­ effective September 25, 1973. Standard and Chartered Banking cant’s lead bank differ. The former serve Group Limited, London, England, a bank [ seal] Chester B. F eldberg, holding company within the meaning of primarily as a source of individual or Secretary of the Board. retail banking services, while the latter the Bank Holding Company Act, has serves as a source of cQrporate or whole­ [FR Doc.73-21097 Filed 10-3-73;8:45 am] applied for the Board’s approval, under sale banking services. With respect to section 4(c) (8) of the Act and § 225.4(b) of the Board’s Regulation Y, to acquire Applicant’s other banking subsidiaries, MICHIGAN NATIONAL CORP. the Board finds that approval of the ap­ 30 percent of the voting shares of plications would not eliminate any sig­ Acquisition of Bank Mocatta Metals, Inc., New York, New nificant existing or future competition. Michigan National Corporation, York, a corporation to be formed under Furthermore, as the transactions involve Bloomfield Hills, Michigan, has applied the laws of Delaware (Mocatta), which neither an expansion of Applicant nor for the Board’s approval under section would be a successor corporation to Mo­ an increase in the banking resources con­ 3(a)(3) of the Bank Holding Company catta Metals Corporation of New York trolled by it, approval of the transactions Act (12 U.S.C. 1842(a)(3)) to acquire and thereby to indirectly acquire voting would not result in any adverse effects on 100 percent of the voting shares (less shares of the following corporations, a competing area bank. directors’ qualifying shares) of Valley which are wholly owned subsidiaries National Bank, Flint Township, Genes- of Mocatta Metals Corporation of The financial and managerial resources New York: Iron Mountain Depository and prospects of Applicant, its subsid­ see County^ M ichigan, a proposed new iaries, and both Fort Worth Bank and bank. The factors that are considered in Corporation, New York, New York; Riverside Bank are regarded as satisfac­ acting on the application are set forth in Mocatta Commodities Corporation, New tory and consistent with approval of the section 3(c) o f the Act (12 UJS.C. 1842 York, New York; Brody, White & (O). Company, New York, New > York; applications. The convenience and needs Mocatta Clearing Corporation, New of the area involved would not be af­ The application may be inspected at fected by consummation of Applicant’s the office of the Board of Governors or York, New York; and I.M.D. Chicago, proposal. at the Federal Reserve Bank of Chicago. Inc., Chicago, Illinois, Mocatta would Applicant owns directly three princi­ Any person wishing to comment on directly, and indirectly through its pal nonbanking subsidiaries acquired be­ the application should submit his views wholly owned subsidiaries, engage in the tween June 30, 1968, and December 31, in writing-to the Reserve Bank to be re­ activities of buying and selling gold and 1970. One of these, Foster Financial Cor­ ceived not later than October 14, 1973. silver bullion and silver coin, dealing in poration, Fort Worth, Texas, engages in Board of Governors of the Federal Re­ the mortgage banking business and is the exchange and silver futures, and arbi- second largest mortgage firm in Fort serve System, September 27, 1973. traging gold and silver in markets Worth in terms of its mortgage servicing [seal] T heodore E. Allison, throughout the world, and also in such portfolio.5 Fort Worth Bank and River- Assistant Secretary of the Board. incidental activities as are necessary to [FR Doc.73-21099 Filed 10-3-73;8:45 am] carry on the foregoing activities. Such * RMA refers to Ranally Metro Area which activities have not previously been deter­ is defined as the central city plus every com­ mined by the Board to be closely related NORTHEAST BANCORP, INC. munity, 8 percent or more of the total pop­ to banking or managing or controlling ulation of which or 15 percent or more of the Acquisition of Bank labor force of which, commutes to the cen­ banks as to be a proper incident thereto. tral city, based on the Census of Population. Northeast Bancorp, Inc., New Haven, Notice of the application, affording op­ No community, 35 percent or more of the Connecticut, has applied for the Board’s labor force of which is engaged in agricul­ portunity for interested persons to sub­ ture, is included in an RMA. approval under section 3(a)(5) of the mit comments and views on whether such s Applicant’s other principal nonbanking Bank Holding Company Act (12 U.S.C. activities are closely related to banking, interests include a savings and loan associa­ 1842(a) (5)) to merge with First Connec- tion which it is required to divest under an as well as the public interest factors, has order of the United States Court of Appeals been duly published (38 FR 26160). The for the Fifth Circuit; and an insurance 6 Voting for this action: Vice Chairman time for filing comments and views has brokerage company which is also subject to Mitchell and Governors Brimmer, Sheehan, ten year “grandfather” privileges at this and Holland. Absent and not voting: Chair­ expired and none has been timely re­ time. man Burns and Governors Daane and Bucher. ceived.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27553

Applicant,1 which is organized under tial banking operations in the gold-pro­ ing in platinum and palladium and other the laws of England and has its head ducing countries of Africa. Based on the commodities within six months after office in London, England, owns 100 per­ facts of record, the Board finds that buy­ consummation of the proposal. This de­ cent of the outstanding voting stock of ing and selling gold and silver bullion termination is subject to the Board’s au­ The Chartered Bank, an international and silver coin, dealing in exchange and thority to require reports by and make banking organization with its head office silver futures and arbitraging gold and examinations of holding companies and in London, England. The Chartered Bank silver in markets throughout the world their subsidiaries and to require such owns 100 percent of the outstanding vot­ are activities closely related to banking modification or termination of the ac­ ing stock of The Chartered Bank of or managing or controlling banks.® tivities of a holding company or any of London, San Francisco, California, which Applicant is not presently engaged in its subsidiaries as the Board finds neces­ has total deposits in the United States of these activities in the New York market sary to assure compliance with the pro­ approximately $51 million.2 Both Ap­ so that consummation of the proposal visions and purposes of the Act and the plicant and The Chartered Bank became would eliminate no existing competition. Board’s regulations and orders issued bank holding companies as a result of While it is possible that Applicant could thereunder, or to prevent evasion thereof. the 1970 Amendments to the Bank Hold­ enter the field de novo, there are a con­ ing Company Act of 1956. By order of the Board of Governors,7 siderable number of large, New York effective September 27, 1973. The present proposal is part of a City based, banks and Edge Corporations transaction involving Applicant’s pur­ which could be considered to be potential [ s e a l ] C h e s t e r B. F e l d b e r g , ' chase from Hambros Bank» Ltd., London, entrants and consummation of the pro­ Secretary of the Board. England of Mocatta & Goldsmid Ltd., posal would have no adverse effects on [PR Doc.73-21101 Filed 10-3-73;8:45 am] one of London’s five major bullion deal­ potential competition. There is no evi­ ers (all five major British gold dealers dence in the record indicating that con­ are subsidiaires of British banks). m this summation of the proposed transaction INTERIM COMPLIANCE PANEL connection, Applicant proposes to pur­ would result in any undue concentration (COAL MINE HEALTH AND SAFETY) chase 30 percent o f M ocatta. M ocatta, of resources, unfair competition, conflicts OMAR MINING CO. ET AL. with its head office to be located in New of interest, or unsound banking practices. York City, will engage in the activities of As previously indicated, Mocatta is to Applications for Renewal Permits; Notice of buying and selling gold and silver bullion be formed under the laws of Delaware as Opportunity for Public Hearing and silver coin, dealing in exchange and a successor to Mocatta Metals Corpora­ Applications for Renewal Permits for silver futures and arbitraging gold and tion of New York, which historically has Noncompliance with the Interim Manda­ silver in markets throughout the world.® had a strong and close affiliation with tory Dust Standard (2.0 mg/m3) have Mocatta Metals Corporation of New York, Mocatta & Goldsmid Ltd., London, Eng­ been received as follow s: the corporation to which Mocatta will land, one of the five principal bullion (1) ICP Docket No. 20245, OMAR MINING succeed, had gross revenues o f $208 m il­ dealers in England. Since Applicant ^in­ COMPANY, Chesterfield No. 5 Mine, lion for the year ending April 30, 1972. tends to acquire a controlling interest in Mine ID No. 46 01791 0, Madison, West As adjuncts to its bullion activities, Mocatta & Goldsmid in a separate trans­ Virginia: Mocatta will wholly own five subsidiaries action not requiring prior Board ap­ Section ID No. 004-0 (#2 Mains). which will account for a negligible (2) ICP Docket No. 20284, AMHERST COAL proval, Applicant has stated that it will COMPANY, Paragon Mine, Mine ID amount of Mocatta’s revenues. These continue this strong working association No. 46 01367 0, Slagle, West Virginia: corporations essentially will be used between Mocatta and Mocatta & Gold­ Section ID No. 009-0 (Road 725). either to provide vault and handling smid. Specifically, Applicant has stated Section ID No. 010-0 (Road 719). services necessarily incidental to Mocat­ that it will cause Mocatta & Goldsmid Section ID No. 012-0 (Road 737). ta’s bullion activities or to hold member­ to make available to Mocatta facilities Section ID No. 013-0 (Road 742). ship for M ocatta on commodity ex­ in bullion of up to $50 million in London, Section ID No. 014-0 (Road 731). changes where bullion and coin are to provide Mocatta with an office con­ (3) ICP Docket No. 20393, HERMIT COAL traded. COMPANY, No. 1 Mine, Mine ID No. tiguous to Mocatta & Goldsmid’s trading 46 01602 0, Hermit, West Virginia: National banks and Edge Act corpora­ room in London, and to provide Mocatta Section ID No. 002 (4th left off 1st tions, which are organized pursuant to with vault, fixing facilities, administra­ right mains). section 25A of the Federal Reserve Act, tive assistance, management information each have the express statutory power to services, computer services and other In accordance with the provisions of purchase and sell bullion, coin and ex­ technical assistance which will make Section 292(b) (4) (30 U.S.C. 842(b) (4)) change. The seven major dealers in gold Mocatta a more efficient competitor bet­ of the Federal Coal Mine Health and and silver bullion in New York include ter able to serve U.S. purchasers and sell­ Safety Act of 1969 (83 Stat. 742, et seq., two national banks4 and one State mem­ ers of gold and silver bullion in the New Public Law 91-173), notice is hereby ber bank.5 The United States Treasury York market. In addition, this association given that requests for public hearing as licenses United States dealers to buy gold of Mocatta with a strong financial affili­ to an application for renewal may be filed for the purpose of selling it to United ate, Mocatta & Goldsmid, adds to the within 15 days after publication of this States users. The dealers rely almost ex­ stability of Mocatta in counterpart trad­ notice. Requests for public hearing must clusively on foreign gold for their sup­ ing, which is of public benefit in a volatile be filed in accordance with 30 CFR Part plies since the major U.S. producer sells market, and prevents any possible de­ 505 (35 FR 11296, July 15, 1970), as directly to users. Many of the gold bullion terioration of Mocatta’s financial posi­ amended, copies of which may be ob­ dealers are also engaged in buying and tion relative to bullion dealers abroad. tained from the Panel cm request. selling silver bullion or coin and making A copy Of the application is available Based upon the foregoing and other for inspection and requests for public a market in silver futures. The bullion considerations reflected in the record, the market hi New York is closely tied to the Board has determined that the balance hearing may be filed in the office of the London and Zurich markets. The activi­ of the public interest factors the Board Correspondence Control Officer, Interim ties of Mocatta would complement the is required to consider under section 4(c) Compliance Panel, Room 800, 1730 K international banking operations of Ap­ (8) is favorable. Street, NW., Washington, D.C. 20006. Accordingly, the application is hereby plicant, including especially its substan- G e o r g e A. H o r n b e c k , approved, subject to the condition that Chairman, 1 As of December SI, 1972, Applicant pos­ Mocatta terminate its activities in deal- Interim Compliance Panel. sesses total assets of approximately $7 billion. 1 As of June 30,1973. * Mocatta also deals In platinum and pal­ O c t o b e r 1,1973. 3 Mocatta presently sells options contracts ladium and engages in a limited amount of [PR Doc.73-21128 Piled 10-3-73;8:45 am] on futures but Applicant has committed it­ trading in other commodities. Such activities self to cease this activity upon consummation are not authorized for national banks and the of the proposal. Board finds that they are not closely related 7 Voting for this action: Vice Chairman 4 Republic National Bank of New York and to banking. Applicant is required to terminate Mitchell and Governors Brimmer, Sheehan, Rhode Island Hospital Trust National Bank. these activities within six months after con­ Bucher and Holland. Absent and not voting: 6 State Street Bank of Boston. summation of the proposal. Chairman Burns and Governor Daane.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27554 NOTICES

NATIONAL AERONAUTICS AND SECURITIES AND EXCHANGE standing; that Applicant has no other SPACE ADMINISTRATION COMMISSION securities outstanding; that as of July 13, 1973, Applicant’s outstanding common [Notice 73-76] [Rel. No. 8009] stock was beneficially owned by 95 per­ NASA AD HOC SYNTHESIS REVIEW PANEL A.M. CAPITAL CORP. sons; and that no company owns as much as 10 percent of Applicant’s outstanding FOR THE EVALUATION OF LUNAR DATA Notice of Amended Application for Order ANALYSIS AND SYNTHESIS PROGRAM common stock. Applicant states that no Declaring That Company Has Ceased To public offering of its securities is pres­ Notice of Meeting Be an Investment Company ently being made nor is any such offering The NASA Ad Hoc Synthesis Review S e p t e m b e r 28, 1973. presently proposed. Panel for the Evaluation of Lunar Data On February 16, 1972, a notice was is­ Section 3(c)(1) of the Act excepts Analysis and Synthesis Program will sued (Investment Company Act Release from the definition of investment com­ meet at the Goddard Space Plight Center No. 7003) of the filing by A.M. Capital pany any issuer whose outstanding se­ on November 5 through 8, 1973. The Corporation, 22 East 40th Street, New curities are beneficially owned by not meeting will be held in the Auditorium York, N.Y., (Applicant), a Delaware more than lOff'persons, and which is not of Building 26. The meeting is open to corporation registered as a closed-end, making and does not presently propose to members of the public during the open non-diversified investment company make a public offering of its securities. portion, from 9:00 a.m. to 11:15 a.m. under the Investment Company Act of This section also provides, that for the on November 5, to within the 170 seat 1940 (Act), of an application pursuant purposes of this exception, “beneficial capacity of the room. The remainder of to section 8(f) of the Act for an order ownership by a company shall be deemed the meeting will be closed because the of the Commission declaring that Appli­ to be beneficial ownership of one person; Panel will be considering information of cant had ceased to be an investment except that if such company owns 10 per a proprietary nature. company. The notice gave interested per­ centum or more of the outstanding voting The NASA Ad Hoc Synthesis Review sons an opportunity to request a hearing securities of the issuer, the beneficial Panel serves in an advisory capacity to and stated that an order disposing of ownership shall be deemed to be that of the National Aeronautics and Space Ad­ the matter might be issued on the basis the holders of such company’s outstand­ ministration to review proposals for of the information stated therein unless ing securities (other than short-term Lunar Data Analysis and Synthesis. The a hearing should be ordered. No request pap er).” Section 8(f) of the Act provides, in per­ Panel has 27 members including the for a hearing has been filed, the Com­ mission has not ordered a hearing and tinent part, that when the Commission, Chairman, Mr. Floyd I. Roberson. For the Commission has not issued an order upon application, finds that a registered further information regarding the meet­ disposing of that application. investment company has ceased to be an ing, please contact Mr. Leon Kosofsky: Notice is hereby given that Applicant investment company, it shall so declare area code 202-755-1602. The agenda for has filed amendments to the application. by order, and upon the taking effect of the meeting is as follows: The application, as amended (amended such order the registration of such com­ application), still requests an order of pany shall cease to be in effect. Section 5 November 1973 the Commission pursuant to section 8(f) 8(f) further provides, that an order ITE M (1 ) of the Act declaring that Applicant has thereunder may be made upon conditions 9:00-11:15 a.m__ ___ Dr. Hinners will report ceased to be an investment company. necessary f r the protection of investors. the Status of the Whereas the application as originally The proposed liquidation and dissolu­ Lunar Exploration filed contemplated the continued exist­ tion of Applicant is to be carried out, as Program and Mr. ence of Applicant as a corporation, under noted hereinabove, after the Commission Roberson will brief the amended application it is proposed issues the requested order declaring that Panel members on that Applicant be liquidated and dis­ Applicant has ceased to be an investment guidelines for eval­ solved following the issuance of the company and pursuant to a Plan of Com­ uation of proposals. order requested pursuant to section 8(f) plete Liquidation and Dissolution (Plan). ITE M (2 ) of the Act. As more fully described below, Background of proposal relating to ap­ 11:15-4:30 p.m_____ The Panel will meet it appears that applicant has sustained plicant’s loss. On the basis of Applicant’s in closed session to and conceivably could sustain losses as balance sheet at July 31, 1972, Appli­ evaluate and cate­ a result of the purchase in 1970 by Ap­ cant’s assets totalled $1,590,113. Of this gorize Lunar I>ata plicant of undeveloped land located in amount, $268,820 consisted of cash and Analysis and Syn­ Florida in contravention of Applicant’s certificates of deposit; $1,151,916 con­ thesis proposals. fundamental investment policies and of sisted of securities at market value, in­ 6 November 1973 (Closed Session) the provisions of sections 13(a)(3) and cluding $503,987 representing the value 9:00 a.m.-4:30 p.m_Item (2) Continued. 23(a) of the Act. Under the terms of the of 101,050 restricted shares (5.5 percent) proposed program for the liquidation and of the common stock of Restaurant As­ 7 November 1973 (C losed Session ) dissolution of Applicant, certain stock­ sociates Industries, Inc. (taken at 95 per­ 9:00 a.m.—4:30 p.m Item (2) Continued. holders of Applicant will, in effect, make cent of market va lu e); and $160,549 rep­ specified payments to Applicant relating resented the cost of its investment in 8 November 1973 (C losed Session) to the latter’s losses and will enter into land. At the same date, Martin Brody, IT E M (3 ) arrangements which are designed to pro­ a director of Applicant, and James H. 9:00 a.m.-2:30 p.m__ The Panel will review tect Applicant against further losses as Slater, Applicant’s President and Treas­ evaluations and rec­ a result of the aforesaid purchase of the urer, owned approximately 39.8 percent ommend proposals Florida land. and 18 percent, respectively, of Appli­ in priority for the All interested persons are referred to cant’s outstanding common stock. The Lunar Data Analy­ the application on file with the Commis­ land, carried on Applicant’s balance sis and Synthesis sion for a statement of the representa­ Program. sheet at cost of $160,549, was acquired by 2:30 p .m______. Adjourn. tions therein, which are summarized Applicant on April 15, 1970, for cash and below. H o m e r E . N e w e l l , Applicant and its status. Applicant a mortgage in the amount o f $120,000, Associate Administrator, Na­ registered under the Act on May 24,1961, which is payable with interest at the rate tional Aeronautics and Space by filing a Notification of Registration on of 7 percent per annum in semiannual Administration. Form N-8A. Applicant represents that it installments of $7,500 each plus interest S e p t e m b e r 26,1973. has 500,000 shares of authorized common on the 15th days of April and October. [FR Doc.73-21131 Filed 10-3-73;8:45 am] stock of which 99,312 shares are out­ On April 15, 1973, Applicant sold such

FEDERAL REGISTER, VOL. 38, NO . 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27555

land for a price o f $160,000 paid as fo l­ cant upon the sale by it of the Florida ber 24, 1973, at 5:30 p.m., submit to the lows: $30,000 in cash; $75,000 by the pur­ property, the Plan provides as follows: Commission in writing a request for a chaser’s assumption of the first mortgage (a) Brody and Slater and members of hearing on the matter accompanied by on the property; and $55,000 by the pur­ their families and business associates a statement as to the nature of his in­ chaser’s delivery of a purchase money owning 89.38 percent o f the outstanding terest, the reason for such request, and second mortgage to Applicant payable, stock of Applicant will waive any claim the issues of fact or law proposed to be as to interest only, at the rate of l l/2 for reimbursement for their share of controverted, or he may request that he percent per annum on the unpaid bal­ such loss. The portion of such loss which be notified if the Commission shall order ance on April 15,1974, and April 15,1975, would otherwise be borne by the holders a hearing thereon. Any such communica­ and as to principal in the amount of of the remaining 10.62 percent of Appli­ tion should be addressed: Secretary, $18,333.33 plus such interest on April 15, cant’s stock (Minority Stockholders) in Securities and Exchange Commission, 1976, $18,333.33 plus interest on April 15, the amount o f $5,745.42 (10.62 percent of -W ashington, D.C. 20549. A copy of such 1977, and $18,333.34 plus interest on the claimed loss of $54,100) will, in effect, request shall be served personally or by April 15, 1978. Notwithstanding the pur­ be paid to such Minority Stockholders by mail (airmail if the person being served chaser’s assumption of the first mort­ Brody and Slater through the deduction is located more than 500 miles from the gage, Applicant remains contingently of $2,872.21 from the cash amounts dis­ point of mailing) upon Applicant at the liable thereon. Applicant paid brokerage tributable to each of these two individ­ address stated above. Proof of such serv­ commissions of $16,000 on such sale to uals and the distribution of the entire ice (by affidavit, or in case of an at­ MacLaren and Anderson, Boca Raton, amount so withheld ($5,745.42) pro rata torney-at-law, by certificate) shall be Florida. to the Minority Stockholders. filed contemporaneously with the request. The application states that, despite the (b) Brody and Slater agree to in­ At any time after said date, as provided sale by Applicant of the Florida land for demnify and hold Applicant harmless by rule 0-5 of the rules and regulations $160,000, Applicant sustained a loss of from any liability or expense which it promulgated under the Act, an order dis­ $54,100 as a result of its purchase of such may incur in connection with the $75,000 posing of the amended application property because of various acquisition balance due on the first mortgage on the herein may be issued by the Commission and carrying charges, including taxes, Florida property. To secure the respec­ upon the basis of the information stated Interest, and maintenance, and the loss tive obligations of Brody and Slater, the in said amended application, unless an of use of money paid by-reason of the amount o f $37,500 is to be deducted from order for hearing upon said amended purchase, as well as brokerage commis­ the cash distributable to each of these in­ application shall be issued upon request sions paid and other expenses incurred dividuals and the total so deducted ($75,- or upon the Commission’s own motion. with respect to the Florida property. 000) is to be held in escrow in an interest Persons who request a hearing or advice The plan. In general, the Plan provides bearing account for the benefit of Brody as to whether a hearing is ordered, will as follows: and Slater. Sixty days after the due date receive notice of further developments in 1. Promptly after the effective date of of each installment of the principal of this matter, including the date of the such first mortgage, an amount equal to the Plan, Applicant shall send each hearing (if ordered) and any postpone­ stockholder notice of his rights under the principal payment due at such date plus Plan, including the right to obtain interest earned on the escrowed fund ments thereof. promptly his pro rata distribution in shall be released from escrow, unless, For the Commission, by the Division kind of Applicant’s holdings of shares of prior to expiration of such period, Ap­ of Investment Management Regula­ plicant or its counsel shall have been Restaurant Associates Industries, Inc. tion, pursuant to delegated authority. (Restaurant) upon giving Applicant notified in writing by the holder of the written notice within 30 days of his elec­ first mortgage or Brody or Slater has [ seal] G eorge A. Fitzsimmons, tion to receive such distribution. Distri­ knowledge that the payment then due Secretary. bution of Restaurant shares in kind to has not been made. [PR Doc.73-21106 Piled 10-3-73:8:45 am] the persons so electing shall be made The second mortgage on the promptly following the receipt of such Florida property in the amount of $55,- election. Upon the expiration of such 30 000 now held by Applicant is to be as­ CONTINENTAL VENDING MACHINE CORP. day period, Applicant shall sell the shares signed to Brody and Slater in considera­ [Pile No. 500-1] of Restaurant which are not,to be dis­ tion of the payment by each to Applicant tributed in kind and shall distribute the of $27,500 through the deduction- of Order Suspending Trading such amounts from the cash payments proceeds thereof pro rata to the stock­ September 26, 1973. holders who did not elect to receive dis­ distributable to each of them under the tribution in kind. Plan. It appearing to the Securities and Ex­ 2. On July 10, 1973, Applicant owned 4. The $2,500 principal amount of 15 change Commission that the summary promissory notes of Chari Trading Corp. year State of Israel coupon bonds, due suspension of trading in the common (Chari) in the principal amount of 1985, owned by Applicant are to be dis­ stock, 104 par value, of Continental $28,472.27 (including interest to ma­ tributed to Brody and Slater in lieu of Vending Machine Corporation, and the turity) due monthly from August 1973, an amount of cash equal to the face 6 percent convertible subordinated de­ to December 1973, which notes are car­ amount of such bonds and otherwise ried on the books of Applicant at $21,- distributable to them. bentures due September 1, 1976, being 106.10. On the effective date of the Plan 5. Except as otherwise provided above, traded otherwise than on a national Applicant will sell the Chari notes which all proceeds of the disposition of assets, securities exchange is required in the have not matured to Abraham F. Wechs- after deduction for and allowances for public interest and for the protection of ler, a substantial stockholder o f Appli­ expenses shall be distributed to share­ investors; cant and father-in-law of the President holders of Applicant in proportion to the number of shares held by each such It is ordered, pursuant to section 15 of Applicant, for a price equal to the face (c) (5) of the Securities Exchange Act of amount of the notes discounted to ma­ shareholder. turity at the rate of 9 percent per annum. 6. Any distributions remaining un­ 1934, that trading in such securities 3. With respect to (i), the $54,100 claimed by stockholders shall be de­ otherwise than on a national securities posited in a special account for the bene­ which Applicant states it lost as a result exchange be summarily suspended, this fit of the persons entitled thereto. order to be effective for the period Sep­ of its purchase of the Florida property, 7. The Plan has been approved by the (ii) the contingent liability of Applicant board of directors of Applicant and by tember 27, 1973, through October 6,1973. for the balance o f $75,000 due on the the requisite affirmative vote o f holders By the Commission. first mortgage on such property, and (iii) of Applicant’s shares. [ seal] G eorge A. Fitzsimmons, the purchase money second mortgage in Notice is further given that any inter­ Secretary. the amount of $55,000 taken by Appli­ ested person may, not later than Octo­ [PR Doc.73-21102 Filed 10-3-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27556 NOTICES

[Bel. No. 8011] Each unit for a particular series will tributed to unitholders on the next dis­ represent a fractional undivided interest tribution date; and (2) if Bonds are sold HARRIS, UPHAM TAX-EXEMPT FUND in that series and will be redeemable. In in order to provide funds necessary to Notice of Filing of Application for Order of the event that any unit shall be re­ meet redemptions each unitholder will Exemption deemed, the portion of the fractional un­ receive his pro rata portion of the pro­ September 28, 1973. divided interest represented by each unit ceeds from the Bonds sold. In such in­ Notice is hereby given that Harris, outstanding will be increased. Units will stances, a unitholder may receive in his Upham Tax-Exempt Fund c/o Harris, remain outstanding until redeemed or distribution funds which constitute capi­ Upham & Co., 120 Broadway, New York, until the termination of the Agreement.. tal gains since the value of the port­ New York 10005, (A pplicant), a unit in­ The Agreement may be terminated by folio Bonds redeemed or sold may have vestment trust registered under the In­ 100 percent agreement of the unit hold­ increased since the date of initial deposit. vestment Company Act of 1940 (A ct), has ers or, in the event that the value of the As has been stated, paragraph (b) of filed an application pursuant to section Bonds shall fall below an amount speci­ rule 19'b-l provides that a unit invest­ 6(c) of the Act for an order exempting fied for each series, upon direction of the ment trust may distribute capital gains Sponsor to the Trustee, or by the Trustee received from a “regulated investment its First and all subsequent National and company” within a reasonable time after State Series from the provisions of sec­ without such direction, respectively. tion 14(a) of the Act and Rules 19b-l Section M ia ) . Section 14(a) of the Act receipt. Applicant states that the pur­ and 22c-l under the Act. All interested requires that a registered investment pose behind such provision is to avoid persons are referred to the application company (a) have a net worth of at least forcing unit investment trusts to ac­ on file with the Commission for a state­ $100,000 prior to making a public offer­ cumulate capital gains distribution re­ ing of its securities, (b) have previously ceived throughout the year as the result ment of the representations therein, of acts of their portfolio investment com­ which are summarized below. made a public offering and at that time Applicant is registered under the Act have had a net worth of $100,000 or (c) panies. Applicant states that it too should as a unit investment trust and has filed have made arrangements for at least not have to hold until the end of its tax­ a registration statement on Form S-6 $100,000 to be paid in by 25 or fewer per-, able year any involuntary realized capital under the Securities Act of 1933. Harris, sons before acceptance of public sub­ gains. Applicant contends that retention Upham & Co., Inc. presently acts as spon­ scriptions. of such involuntary realized capital gains sor of the Applicant (Sponsor). The ob­ Applicant seeks an exemption from the by Applicant until the end of its taxable jective of each series offered by the Ap­ provisions of section 14(a) in order that year would clearly be to the detriment of plicant will be income through invest­ they may make a public offering of units the unitholders. ment in long-term tax-exempt bonds. of each series as described above. In con­ In support of the requested exemption, Each series of Applicant will be governed nection with the requested exemption the Applicant states that the dangers by a trust agreement (Agreement) under from section 14(a), the Sponsor has against which rule 19b-l is intended to which the Sponsor (or succeeding spon­ agreed as follows: (A) to refund, on de­ guard will not exist in connection with sor) will act as such, United States Trust mand and without deduction, all sales any Series of Applicant, since neither Ap­ Company of New York will act as trustee charges paid by purchasers of units in plicant nor the Sponsor has control over (Trustee), and Standards and Poors the initial public offering of a series if, the events which could trigger capital Corporation will act as evaluator (Evalu­ within 90 days from the time that the gains. Applicant seeks to make a com­ ator) . Each Agreement will contain Registration Statement relating to such bined distribution of principal, including standard terms and conditions of trust series becomes effective, either (i) the capital gains, and interest each month, common to all series. Pursuant to each net worth of such series shall be reduced and states that any capital gains in such Agreement, the Sponsor will deposit with to less than $100,000, or (ii) such fund distribution will be clearly indicated as the Trustee in excess of $3,000,000 prin­ shall have been terminated: (B) to in­ such in accompanying reports to unit- cipal amount of tax-free municipal struct the Trustee on the date of deposit holders. In addition, it is alleged that the bonds (Bonds), and simultaneously the of each series that in the event that re­ amounts involved in a normal distribu­ Trustee will deliver to the Sponsor demption by the Sponsor of units con­ tion of principal will be relatively small registered certificates representing in stituting a part of the unsold units shall in comparison to the normal interest dis­ excess of 3,000 units, which will repre­ result in that series having a net worth tribution. sent the entire ownership of each series. of less than $2,000,000, the Trustee shall Rule 22c-l. The Sponsor, while not The units will then be offered for sale terminate the series in the manner pro­ obligated to do so, intends to maintain a to the public by the Sponsor. All of the vided in the Agreement and distribute market for the units by continuously Bonds deposited with the Trustee will be any municipal bonds or other assets de­ offering to purchase units and selling interest bearing obligations of states and posited with the Trustee pursuant to the those units owned by it. These purchases territories of the United States and Agreement as provided therein. and sales will usually be made at prices political subdivisions and authorities Rule 19b-l. Rule 19b-l(a) under the equal to the net asset value per unit of thereof, the interest on which is exempt Act provides, in substance, that no reg­ Applicant as determined by the Evalua­ from Federal income taxation. It should istered investment company which is a tor once each week. Evaluation will be be noted that the Bonds will not be “regulated investment company”, as de­ made at the expense of the Applicant. pledged or be in any other way subjected fined in section 851 of the Internal Rev­ Applicant contends that additional to any debt by the Applicant at any time enue Code, shall make more than one evaluations would be so costly as to after the Bonds are deposited with the distribution of capital gains in any one significantly impair the interests of unitholders. Trustee. taxable year. Paragraph Ob) of the rule Each series will consist of Bonds, such contains a similar prohibition for a com­ The Sponsor has undertaken to adopt Bonds as may continue to be held from pany not a “regulated investment com­ a procedure whereby the Evaluator, with­ time to time in exchange or substitution pany” . but permits a unit investment out a formal evaluation, will provide the for any of the Bonds upon certain re­ trust to distribute capital gain distribu­ Sponsor with estimated evaluations on funds, accrued and undistributed interest tions received from a “regulated invest­ trading days. In the case of a repurchase, and undistributed cash. Certain of the ment company” within a reasonable time if the Evaluator cannot state that the Bonds may from time to time be sold after receipt. previous Friday’s price is at least equal under the special circumstances set forth Applicant proposes to make monthly to the current bid price, the Sponsor will in the Agreement, or may be redeemed or distributions of principal and interest to order, and the Applicant will pay for, a may mature in accordance with their unitholders of a series. Distributions of full evaluation which shall determine the terms. The proceeds from such disposi­ principal constituting capital gains to repurchase price. In case of resale by tions will be distributed to unit holders unitholders may arise in two instances: the Sponsor, if the Evaluator cannot and not reinvested. There is, no provi­ (1) if an issuing authority calls or re­ state that the previous Friday’s price is sion for the sale and reinvestment of the deems an issue held in the portfolio, the no more than one-half point ($5.00 per Bonds. sums received by Applicant will be dis­ $1,000.00 principal amount o f underlying

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27557 bonds) greater than the current offering tober 18, 1973, at 5:30 p.m., submit to Applicants request exemption, to the price, a full evaluation will be ordered. the Commission in writing a request for extent set forth below, from Section 22 Thus, a unitholder wishing to sell his unit hearing on the matter accompanied by (d) of the Act which provides, in per­ wiU not receive less from the Sponsor a statement as to the nature of his in­ tinent part, that no registered invest­ than he might have received from the terest, the reason for such request and ment company or principal underwriter Applicant upon redemption, and a pur­ the issues of fact or law proposed to be shall sell any redeemable security to the chase of such units from the Sponsor will controverted, or he may request that he public except at a current offering price not pay more for a unit than approxi­ be notified if the Commission shall order described in the prospectus. mately the current net asset value per a hearing thereon. Any such communica­ Under the proposed contract between unit. tion should be addressed: Secretary, Se­ Bond Fund and Underwriter, the Under­ Rule 22c-l provides, in part, that re­ curities and Exchange Commission, writer will receive compensation in the deemable securities of registered invest­ Washington, D.C. 20549. A copy of such amount of the sales charge ranging, as ment companies may be sold, redeemed, request shall be served personally or by a percentage of the amount invested, or repurchased at a price based on the mail (airmail if the person being served from 8.7 percent to 1.01 percent, depend­ current net asset value (computed on is located more than 500 miles from the ing on the amount invested (or 8 percent each day during which the New York point of mailing) upon Applicant at the to 1 percent, as a percentage of the of­ Stock Exchange is open for trading not address stated above. Proof of such fering p rice ). less frequently than once daily as o f the service (by affidavit or in case of an Exemption is requested to enable pro­ time of the close of trading on such Ex­ attorney at law by certificate) shall be ceeds derived from death claims and ma­ change) which is next computed after filed contemporaneously with the re­ tured endowments of fixed dollar poli­ receipt of a tender of such security for quest. At any time after said date, as cies issued by John Hancock to be ap­ redemption or of an order to purchase or provided by Rule 0-5 of the Rules and plied to the purchase of Bond Fund sell such security. Regulations promulgated under the Act, shares within the first 60 days after the Applicant states that the rule has two an order disposing of the application date of the check in payment of such purposes: (1) to eliminate or to reduce herein may be issued by the Commission insurance at a sales charge equal to one- any dilution of the value of outstanding upon the basis of the information stated half the rate otherwise applicable. redeemable securities of registered in­ in said application, unless an order for Applicants point out that persons who vestment companies which might occur hearing upon said application shall be purchase shares with insurance proceeds through the sale, redemption or repur­ issued upon request or upon the Com­ of fixed dollar policies will have already chase of such securities at prices other mission’s own motion. Persons who re­ incurred a charge for sales expenses in than their current net asset values; and quest a hearing or advice as to whether connection with such fixed dollar poli­ (2) to minimize speculative trading prac­ a hearing is ordered, will receive notice cies that is larger than the sales charge tices in , the securities of registered in­ of further developments in this matter, applicable to purchase payments for vestment companies. including the date of the hearing (if or­ Bond Fund shares. Applicants also state The secondary market activities of dered) and any postponements thereof. that one-half of the normal sales charge more appropriately reflects the selling Sponsor, which may be the manner in For the Commission, by the Division which unitholders will divest themselves effort and expense involved in these cir­ of Investment Management Regulation, cumstances. of shares and the manner for the ac­ pursuant to delegated authority. quisition by investors of new shares, may Section 6(c) authorizes the Commis­ be deemed to violate Rule 22c-l because [ s e a l ] G e o r g e A. F i t z s i m m o n s , sion upon application conditionally or of the absence of daily pricing. Applicant Secretary. unconditionally to exempt any person, argues, however, that the purposes of [FR Doc.73-21107 Filed 10-3-73:8:45 am] security, or transaction, or any class or Rule 22c-l will not be offended by the classes of persons, securities, or trans­ Sponsor’s secondary market activities. actions, from the provisions of the Act Applicant asserts that the pricing of [Rel. No. 8001] or the Rules and Regulations promulga­ units by the Sponsor in the secondary JOHN HANCOCK BOND FUND, INC. AND ted thereunder, if and to the extent that market will in no way dilute the assets JOHN HANCOCK DISTRIBUTORS, INC. such exemption is necessary or appropri­ of Applicant, and that unitholders will ate in the public interest and consistent benefit from the Sponsor’s pricing pro­ Notice of Application for Order Granting with the protection of investors and the cedure in the secondary market, since Exemption purposes fairly intended by the policy and they will normally receive a higher re­ S e p t e m b e r 27, 1973. provisions of the Act. purchase price for their units than they Notice is hereby given that John Han­ Notice is hereby given that any inter­ could by redeeming their units at the cock Bond Fund, Inc., 200 Berkeley ested person may not later than October current net asset value and that this will Street, Boston, MA 02117 (Bond F und), 24,1973, at 5:30 p.m„ submit to the Com­ be accomplished without the cost bur­ a diversified, open-aid investment com­ mission in writing a request for a hear­ den to the Applicant of daily evaluations pany registered under the Investment ing on the matter accompanied by a of the unit redemption value. Company Act of 1940 (Act), and John statement as to the nature of his inter­ Applicant also contends that specula­ Hancock Distributors, Inc., 285 Columbus est, the reason for such request, and the tion in units of any Series is unlikely Avenue, Boston, MA 02117 (Under­ issues of fact or law proposed to be con­ because price changes are limited in re­ writer), proposed underwriter for Bond troverted; or he may request that he be spect to the kind of bonds which will be Fund shares (hereinafter collectively notified if the Commission shall order a held by such Series. called “Applicants” ) have filed an appli­ hearing thereon. Any such communica­ Section 6(c) of the Act provides that cation pursuant to section 6(c) of the tion should be addressed: Secretary, Se­ the Commission may, upon application, Act for an order of the Commission ex­ curities and Exchange Commission, conditionally or unconditionally exempt empting Applicants, to the extent noted Washington, D.C. 20549. A copy of such any person, security, or transaction, or below, from the provisions of section 22 request shall be served personally or by any class or classes of persons, securities, (d). Bond Fund was organized by John mail (airmail if the person being served or transactions from any provisions of Hancock Advisers, Inc., a wholly owned is located more than 500 miles from the the Act or of any rule or regulation subsidiary of John Hancock Mutual Life point of mailing) upon Applicants at the under the Act, if and to the extent such Insurance Company (John Hancock). addresses stated above. Proof of such exemption is necessary or appropriate John Hancock Distributors, me. Is a service (by affidavit, or in the case of an in the public interest and consistent with wholly owned subsidiary of John Han­ attorney-at-law, by certificate) shall be the protection o f investors and the pur­ cock Advisers, Inc. All Interested per­ filed contemporaneously with the re­ poses fairly intended by the policy and sons are referred to the application on quest. At any time after said date, as provisions of the Act. file with the Commission for a statement provided by rule 0-5 of the rules and Notice is further given that any in­ of the representations therein which are regulations promulgated under the Act, terested person may, not later than Oc­ summarized below. an order disposing of the application will

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 No. 19! -8 27558 NOTICES be issued as of course following said date tion from section 22(d) of the Act to the ed exemption is necessary and appro­ unless the Commission thereafter orders extent specified therein. All interested priate in the public interest and consist­ a hearing upon request or upon the Com­ persons are referred to the application on ent with the protection of investors and mission’s own motion. Persons who re­ file with the Commission for a statement the purposes fairly intended by the policy quest a hearing or advice as to whether of the representations therein, which are and provisions of the Act. a hearing is ordered will receive notice summarized below. Section 6(c) of the Act provides that of further developments in this matter, New England Life is a mutual life in­ the Commission, by order upon applica­ including the date of the hearing (if or­ surance company organized Under Mas­ tion, may conditionally or uncondition­ dered) and any postponements thereof. sachusetts law in 1835. The Funds are ally exempt any persons or transactions open-end diversified management invest­ from any provision or provisions of the For the Commission, by the Division ment companies registered under the Act, if and to the extent that such ex­ of Investment Management Regulation, Act. NELESCO, a wholly-owned subsid­ emption is necessary or appropriate in pursuant to delegated authority. iary of New England Life, is the princi­ the public interest and consistent with [ seal] G eorge A. F itzsimmons, pal underwriter for the Funds. the protection of investors and the pur­ Secretary. Section 22(d) provides, in pertinent poses fairly intended by the policy and [FR Doc.73-21108 Filed 10-3-73;8:45 am] part, that no registered investment com­ provisions of the Act. pany or principal underwriter shall sell Notice is further given that any inter­ any redeemable security to any person ested person may, not later than Octo­ KORACORP INDUSTRIES, INC. except at a current public offering price ber 24, 1973, at 5:30 p.m., submit to the [FUe No. 500-1] described in the prospectus. The Section Commission in writing a request for a has been construed as prohibiting varia­ hearing on the matter accompanied by a Order Suspending Trading tions in the sales load except on a uni­ statement as to the nature of his inter­ September 26, 1973. form basis. est, the reason for such request and the Shares of the Funds are offered to issues of fact or law proposed to be con­ The common stock, $1 par value, of the public at net asset value plus a maxi­ Koracorp Industries, Incorporated being troverted, or he may request that he be mum sales charge of 8 percent of the pub­ notifiifi if the Commission shall order a traded on the New York Stock Exchange lic offering price and such charge is re­ hearing thereon. Any such communica­ and the Pacific Coast Stock Exchange duced on purchases involving $10,Odb or pursuant to provisions of the Securities tion should be addressed: Secretary, Se­ more.1 curities and Exchange Commission, Exchange Act o f 1934 and all other se­ Applicants request an exemption from curities of Koracorp Industries, Incor­ Washington, D.C. 20549. A copy o f such section 22(d) of the Act to permit the request shall be served personally or by porated being traded otherwise than on a application of amounts payable under national securities exchange; and mail (airmail if the person being served insurance contracts (other than such is located more than 500 miles from the It appearing to the Securities and Ex­ contracts which constitute securities of change Commission that the summary point of mailing) upon Applicants at the an “open-end investment company” as address stated above. Proof of such serv­ suspension of trading in such securities defined under the Act) issued by New on such exchanges and otherwise than on ice by affidavit (or in case of an attorney- England Life (e.g., the death benefit at-law by certificate) shall be filed con­ a national securities exchange is required under life policies, the maturity value of in the public interest and for the protec­ temporaneously with the request. At any endowment contracts and the cash sur­ time after said date, as provided by Rule tion of investors; render value of life insurance and an­ It is ordered, pursuant to sections 19(a) 0-5 of the Rules and Regulations promul­ nuity contracts) to purchase shares of gated under the Act, an order disposing of (4) and 15(c) (5) of the Securities Ex­ the Funds at reduced sales charges as change Act o f 1934, that trading in such the application will be issued as of course securities on the above mentioned ex­ follow s; following said date unless the Commis­ changes and otherwise than on a na­ Amount of Single Sales Charge as sion thereafter orders a hearing upon re­ tional securities exchange be summarily Payment at Public Percentage of quest or upon the Commission’s own mo­ suspended, this order to be effective for Offering Price: Offering Price tion. Persons who request a hearing, or the period from September 27, 1973 Less than $10,000------s------.----- 4.0 advice as to whether a hearing is ordered, through October 6,1973. $10,000 but less than $25,000______3.5 will receive notice of further develop­ $25,000 but less than $50,000______. 2.75 ments in the matter including the date By the Commission. $50,000 but less than $100,000------2.0 of the hearing (if ordered) and any post­ $100,000 but less than $250,000------1.5 [seal] G eorge A. F itzsimmons, $250,000 but less than $500,000-—---- 1.25 ponements thereof. Secretary. $500,000 but less than $1,000,000_____ 1.0 For the Commission, by the Division [FR Doc.73-21103 Filed 10-3-73;8:45 am] $1,000,000 and over______0.5 of Investment Management Regulation, Applicants assert that since the premi­ pursuant to delegated authority. [seal] G eorge F itzsimmons, [Rel. No. 8002] ums paid on the insurance contracts con­ A. stituting the source of the insurance pro­ Secretary. NEW ENGLAND MUTUAL LIFE INSURANCE ceeds applied to purchase shares of the [FR Doc.73-21109 Filed 10-3-73;8:45 am] CO., ET AL. Funds will already have been subjected Notice of Filing of Application for an Order to sales charges and since the sales ef­ [Rel. No. 8007] Exempting Applicants forts involved in sales of this type will be markedly reduced as compared with sales ROYAL BUSINESS FUNDS CORP. S eptember 28,1973. to new prospects, the proposed exemption Notice of Proposal To Terminate Notice is hereby given that New Eng­ does not involve unfair discrimination Registration land Mutual Life Insurance Company and is in fact necessary to avoid unneces­ Notice is hereby given that the Com­ (New England Life), 501 Boylston Street, sary and inequitable duplication of sales mission proposes, pursuant to Section Boston, MA 02117, and NEL Equity Fund, charges to purchasers of this class. Ap­ 8(f) of the Investment Company Act of Inc., NEL Growth Fund, Inc., NEL In­ plicants also assert that the proposed 1940 (A c t), to declare by order upon its come Fund, Inc., and New England Life exemption presents no significant threat own motion that Royal Business Funds Side Fund, Inc. (Funds) and NEL to the orderly distribution of redeemable Corporation (Funds), 60 East 42nd St., Equity Services Corporation (NELESCO) investment company securities. Accord­ New York, N.Y. 10017, registered under (New England Life, the Funds, and ingly, Applicants assert that the request- the Act as a closed-end, non-diversified NELESCO hereinafter collectively re­ management investment company, has ferred to as Applicants) have filed an ceased to be an investment company as iO n the date of filing of the application, application pursuant to section 6(c) of the registration statement under the Securi­ defined in the Act. the Investment Company Act of 1940 ties Act of 1933 of NEL Income Fund, Inc., Flings was organized as a New YorK corporation on November 9, 1959, and (Act) for an order granting an exemp­ was not yet effective.

FEDERAL REGISTER, VOL. 38, NO . 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27559 filed a Form N-8A Notification of Regis­ the American Stock Exchange pursuant [Pile No. 500-1] tration and a Form N-5 Registration to provisions of the Securities Exchange TELEPROMPTER CCRP. Statement with the Commission on No­ Act of 1934 and all other securities of vember 13,1963. Stratton Group Ltd., being traded other­ Order Suspending Trading The Commission’s records indicate wise than on a national securities ex­ ' September 26, 1973. that on December 30,1965, Funds’ share­ change; and It appearing to the Securities and Ex­ The common stock, $1 par value, of holders approved the merger of Funds TelePrompTer Corporation being traded with and into Venture Capital Corpora­ change Commission that the summary on the New York Stock Exchange pur­ tion (Venture), also a registered invest­ suspension of trading in such securities ment company, and that the shares of on such exchanges and otherwise than suant to provisions of the Securities Ex­ on a national securities exchange is re­ change Act of 1934 and all other securi­ Venture were distributed to the share­ ties of TelePrompTer Corporation being holders of Funds. Funds presently has no quired in the public interest and for the assets and no shareholders and has protection of investors; traded otherwise than on a national se­ ceased doing business as an investment It is ordered, pursuant to sections 19(a) curities exchange; and company. (Venture subsequently changed (4) and 15(c) (5) of the Securities Ex­ It appearing to the Securities and Ex­ its name to Royal Business Funds Cor­ change Act of 1934, that trading in such change Commission that the summary poration.) securities on the above mentioned ex­ suspension of trading in such securities Section 8(f) of the Act provides, in change and otherwise than on a national pertinent part, that when the Commis­ securities exchange be summarily sus­ on such exchanges and otherwise than sion, upon application or upon its own pended, this order to be effective for the on a national securities exchange is re­ motion, finds that a registered invest­ period from September 27,1973, and con­ quired in the public interest and for the ment company has ceased to be an in­ tinuing through October 6,1973. protection of investors; vestment company, it shall so declare by By the Commission. It is ordered, pursuant to sections 19 order, and upon the effectiveness of such (a)(4) and 15(c)(5) of the Securities order which may be issued upon the Com­ G eorge A. F itzsimmons, mission’s own motion where appropriate, Secretary. Exchange Act o f 1934, that trading in the registration of such company shall [FR Doc.73-21104 Piled 10-3-73;8:45 am] such securities on the above-mentioned cease to be in effect. exchange and otherwise than on a na­ Notice is further given that any inter­ [File No. 1-5000] tional securities exchange be summarily ested person may, not later than Octo­ suspended, this order to be effective for SUMITOMO CHEMICAL COMPANY, LTD. ber 25,1973, submit to the Commission in the period from September 27, 1973, and writing a request for a hearing on the Notice of Application To Withdraw From continuing through October 6,1973. matter accompanied by a statement as to Listing and Registration the nature of his interest, the reason for By the Commission. such request, and the issues, if any, of September 26, 1973.. The above-named issuer has filed an [seal] G eorge A. Fitzsimmons, fact or law proposed to be controverted, Secretary. or he may request that he be notified if application with the Securities and Ex­ the Commission should order a hearing change Commission pursuant to section [PR Doc.73-21105 Piled 10-3-73;8:45 am] thereon. Any such communication should 12(d) of the Securities Exchange Act of 1934 and rule 12d2-2(d) promulgated be addressed: Secretary, Securities and [Rel. No. 8017] Exchange Commission, Washington, thereunder, to withdraw the specified se­ D.C. 20549. A copy of such request shall curity from listing and registration on WESTMINSTER BOND FUND, INC., ET AL. the American Stock Exchange, Inc. be served personally or by mail (air­ Notice of Application Exempting Applicants mail if the person being served is located The reasons alleged in the application more than 500 miles from the point of for withdrawing this security from listing September 27,1973. mailing) upon Funds at the address and registration include the following: Notice is hereby given that Welling­ stated above. Proof of such service (by There has been limited trading in the ton Fund, Inc., Valley Forge, Pennsyl­ affidavit, or in the case o f an attorney- issue; the most recent transaction oc­ curred in January of 1970, and vania 19482, W indsor Fund, Inc., Ivest at-law, by certificate) shall be filed con­ Fund, Inc., Wellesley Income Fund, Inc., temporaneously with the request. At any Reporting ^requirements for listing time after said date, as provided by rule (particularly adjustments for consoli­ W. L. Morgan Growth Fund, Inc., Ex­ 0-5 of the rules and regulations promul­ dated financial statements) have entailed plorer Fund, Inc., Trustees’ Equity Fund, gated under the Act, an order disposing additional accounting expenses. Inc. (collectively the Funds), Westmin­ of the matter will be issued as of course The American Stock Exchange does not ster Bond Fund, Inc. (Westminster) following said date unless the Commis­ object to this application to withdraw, and Wellington Management Company and the Company has represented that sion thereafter orders a hearing upon re­ (WMC) (hereinafter collectively called quest or upon the Commission’s own mo­ it will continue to furnish to the Com­ tion. Persons who request a hearing or mission certain periodic reports. Applicants) have filed an application advice as to whether a hearing is ordered Any interested person may, on or be­ pursuant to section 6(c) of the Invest­ will receive notice of further develop­ fore October 9, 1973, submit by letter to ment Company Act of 1940 (Act) for an ments in this matter, including the date the Secretary of the Securities and Ex­ order exempting Applicants from section of the hearing (if ordered) and any post­ change Commission, Washington, D.C. 22(d) of the Act and rule 22d-l there­ ponements thereof. 20549, facts bearing upon whether the application has been made in accordance under. All interested persons are referred For the Commission, by the Division of with the rules of the Exchange and what to the application on file with the Com­ Investment Management Regulation, terms, if any, should be imposed by the mission for a statement of the represen­ pursuant to delegated authority. Commission for the protection of inves­ tations made therein which are sum­ [seal] G eorge A. Fitzsimmons, tors. An order granting the application marized below. Secretary. will be issued after the date mentioned above, on the basis of the application Applicants state that each of the Funds [PEDoc.73-21110 Piled 10-3-73:8:45 am] and any other information furnished to and Westminster are registered under the Commission, unless it orders a hear­ the Act as open-end diversified manage­ STRATTON GROUP, LTD. ing on the matter. ment investment companies and offer For the Commission, by the Division [File No. 500-1] their shares to the public on a continuous of Market Regulation, pursuant to dele­ basis at net asset value plus varying Order Suspending Trading gated authority. sales charges depending on the amount September 26,1973. [seal] G eorge A. Fitzsimmons, purchased. WMC is the principal under­ The Common stock, $.25 par value, of Secretary. writer and investment manager of each Stratton Group, Ltd., being traded on [PR Doc.73-21111 Piled 10-3-73;8:45 am] o f the Funds and Westminster.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27560 NOTICES

The investment objective of Westmin­ interest and consistent with the protec­ truck tire cord of cable construction spe­ tion of investors and the purposes fairly cially packaged for protection against mois­ ster is to provide the highest level of ture and atmosphere. income consistent with the conservation intended by the policy and provisions of The evidence presented to the Commission of capital by investing in investment- the Act. establishes that the tire cord in question is grade bonds and other fixed-income se­ Notice is further given that any inter­ a highly specialized product used in the rub­ curities. Applicants propose to offer to ested person may, not later than Octo­ ber industry for making truck tires. Brass shareholders of Westminster the option ber 23, 1973, at 5:30 p.m., submit to the plating of the individual wires facilitates of having their income dividends rein­ Commission in writing a request for a the chemical bond between the rubber and vested at net asset value (without a sales hearing on the matter accompanied by a the metal. The specialized nature of the statement as to the nature of his interest, product makes it unsuitable for the ordinary charge) in shares of any of the Funds. rises of steel wire rope of comparable size. Once a shareholder elects this option, the reason for such request, and the is­ The evidence also establishes that there such dividends will be reinvested auto­ sues, if any, of fact or law proposed to be is no domestic source producing a competi­ matically at the selected Fund’s net asset controverted, or he may request that he tive tire cord. The imported tire cord has not value determined on the Westminster be notified if the Commission should or­ prevented domestic firms from going forward dividend payment date, provided, how­ der a hearing thereon. Any such com­ with plans to build facilities to produce a ever, that such dividends may be rein­ munication should be addressed: Secre­ comparable tire cord in the United States. vested (1) in Explorer Fund subject to tary, Securities and Exchange Commis­ It is also noted that the complainants in sion, Washington, D.C. 20549. A copy of this proceeding stated at the hearing (TR. 7) a minimum investment of $5,000 and (2) and in their brief (p. 5) that this product in Trustees’ Equity Fund only by tax- such request shall be served personally was not included in their complaint, and that exempt or corporate investors. No sales or by mail (airmail if the person being they “do not consider it part of the steel wire commissions will be received by WMC or served is located more than 500 -miles rope industry as we will define it.” from the point of mailing) upon Appli­ any sales representative on such rein­ Sincerely yours, vestments. All costs, if any, will be borne cants at the address stated above. Proof by WMC. of such service (by affidavit, or in case of Catherine B edell, Section 22(d) of the Act provides, in an attorney-at-law, by certificate) shall Chairman. pertinent part, that no registered invest­ be filed contemporaneously with the re­ By order of the Commission. quest. At any time after said date, as pro­ ment company or principal underwriter Issued September 28,1973. thereof shall sell any redeemable security vided by rule 0-5 of the rules and regula­ issued by such company to any ^person tions promulgated under the Act, an or­ [ s e a l ] K e n n e t h R. M a s o n , except at a current offering price de­ der disposing of the application herein Secretary. scribed in the prospectus. may be issued by the Commission upon [PR Doc.73-21143 Filed 10-3-73:6:45 am] Applicants contend that the proposed the basis of the information stated in reinvestment option is designed to give said application, unless an order for shareholders of Westminster an oppor­ hearing thereon shall be issued upon re­ INTERSTATE COMMERCE tunity to build capital by investing their quest or upon the Commission’s own mo­ COMMISSION income, at no sales charge, in a fund em­ tion. Persons who request a hearing or [Notice No. 355] phasizing capital growth as a primary or advice as to whether a hearing is ordered secondary objective while conserving will receive notice of further develop­ ASSIGNMENT OF HEARINGS their initial capital in a relatively stable ments in this matter, including the date O c t o b e r 1, 1973. bond fund. of the hearing (if ordered) and any post­ Oases assigned for hearing, postpone­ Applicants assert that the proposed re­ ponements thereof. ment, cancellation or oral argument ap­ investment could be accomplished indi­ By the Commission. pear below and will be published only rectly pursuant to an offer of exchange once. This list contains prospective as­ permitted by section 11 of the Act with­ [ seal] G eorge A. F itzsim m o n s, signments only and does not include out the necessity of an exemption from Secretary. cases previously assigned hearing dates. section 22(d). Currently each of the [PR Doc.73-21112 Filed 10-3-73;8:45 am] The hearings will be on the issues as pres­ Funds and Westminster offer an ex­ ently reflected in the Official Docket of change privilege whereby shareholders TARIFF COMMISSION the Commission. An attempt will be made of any of the Funds can exchange all or to publish notices of cancellation of hear­ a portion of their holdings into one of [AA1921—124] ings as promptly as possible, but inter­ the other Funds for a service charge of STEEL WIRE ROPE FROM JAPAN ested parties should take appropriate $5 without the payment of a sales com­ steps to insure that they are notified of mission. Thus, a Westminster share­ Clarification of Determination in Investiga­ cancellation or postponements of hear­ holder could presently reinvest his divi­ tion of Steel Wire Rope From Japan ings in which they are interested. No dends in additional shares of West­ The Tariff Commission sent the fol­ minster and exchange such shares for amendments will be entertained after shares of any of the Funds without pay­ lowing clarifying statement with regard October 4, 1973. ment of a sales charge. to its Investigation No. AA1921-124, Steel MC 118610 Sub 14, L & B Express, Inc., now Applicants state that any written offer Wire Rope from Japan, to the Secretary assigned hearing ' October 30, 1973, at under the proposed reinvestment option o f the Treasury on September 27, 1973. Frankfort, Ky., will be held in the 4th Floor will be made by means of a statutory Hearing Room, State Qffi.ce Building. Honorable George P. Shultz, Secretary of the MC 125820 Sub 7, Elk Valley Freight Line, prospectus of the Fund into which the Treasury, Washington, D.C. 20226. Inc., now assigned October 29, 1973, at dividends would be reinvested. In addi­ Dear Mr. Secretary: Montgomery, Ala., will be held in GSA Con­ tion, any shareholder exercising this op­ The Commission, with letter of Septem­ ference Room, 8th Floor, Aronov Building, tion will receive a current prospectus of ber 7, 1973, transmitted to you its determi­ 474 S. Court Street. the Fund into which his dividends are be­ nation in Investigation No. AA1921-124, Steel MC 29642 Sub 9, Five Transportation Com­ ing reinvested at least once each year. Wire Rope from Japan. In that determination pany, now assigned November 26, 1973, at A shareholder will be permitted to cancel the Commission found an industry in the Atlanta, Ga., will be held in Room 556 Fed­ the reinvestment arrangement at any United States is being injured by reason eral Building, 275 Peachtree Street NE. time upon written notice to the Fund’s of the importation of steel wire rope from MC 115841 Sub 441, Colonial Refrigeration Japan that is being, or is likely to be, sold Transportation, Inc., now assigned Novem­ Transfer Agent. at less than fair value within the meaning ber 26, 1973, at Atlanta, Ga., will be held Section 6(c) of the Act provides, in per­ of the Antidumping Act, 1921, as amended. in Room 305, 1252 W Peachtree Street NW tinent part, that the Commission may The Commission wishes to clarify the MC 117565 Sub 86, Motor Service Company, conditionally or unconditionally exempt above determination with the explanation Inc., now assigned hearing November 26, any person or transaction from any pro­ that it did not intend to include in its af­ 1973, will be held in Room 228, Federal vision of the Act if such exemption is firmative determination an imported prod­ Office Building, 85 Marconi Boulevard, Co­ necessary or appropriate in the public uct described as brass electropated steel lumbus, Ohio.

FEDERAL REGISTER, VOL. 38, NO. 192-— THURSDAY, OCTOBER 4, 1973 NOTICES 27561

MC-C-8088, Point Express, Inc.—Investiga­ Maryland, West Virginia, New Jersey, restricted to operations to be performed tion and Revocation of Certificates—now New York, Massachusetts, Connecticut, assigned hearing November 27,. 1973, will under a continuing contract or con­ be held in Room 228, Federal Office Build­ Illinois, Rhode Island, the District .of tracts with the Riverton Corporation, of ing, 85 Marconi Boulevard,- Columbus, Columbia, Richmond, Va., and Chatta­ Riverton, Va. Daniel B. Johnson, 716 Per­ Ohio. nooga, Tenn. Christian V. Graf, Esquire, petual Building, 1111 E Street NW., MC 119789 Sub 155, Caravan Refrigerated 407 North Front Street, Harrisburg, Pa. Washington, D.C. 20004, attorney for Cargo, Inc., now assigned hearing Novem­ 17101, Attorney for applicants. applicants. ber 29, 1973, will be held in Room 228, Fed­ eral Office Building, 85 Marconi Boulevard, No. MC-FC-74704. By order of Sep­ [seal] R obert L. Oswald, Columbus, Ohio. tember 25,1973, the Motor Carrier Board Secretary. MC-F-11778, T.I.M.E.-DC, Inc.—Control and approved the transfer to Ralph C. Hut- [FR Doc.73-21156 Filed 10-3-73;8:45 am] Merger—Husman Express Co., MC 35320 tick, Philadelphia, Pa., of Certificate No. Sub 135, T.I.M.E.-DC, Inc., now assigned MC-116717 issued August 10, 1959, to hearing December 3, 1973, will be held in George F. Paravicini, doing business as [Notice No. 78] Room 228, Federal Office Building, 85 Mar­ coni Boulevard, Columbus, Ohio. D. L.. W. Transportation Co., Philadel­ MOTOR CARRIER, BROKER, WATER CAR­ I&SM 27070, Increased Class Rates for Short phia, Pa., authorizing the transportation RIER, AND FREIGHT FORWARDER Hauls To and From The South, now as- of wire, cable, paper boxes, sheet metal APPLICATIONS singed December 3, 1973, at Washington, work, air conditioners, elevators, and D.C., is canceled. pharmaceutical goods between Philadel­ September 28, 1973. MC-113678 Sub 484, Curtis, Inc., is continued phia, Pa., on the one hand, and, on the The following applications (except as to October 24, 1973 (2 days), at the Offices other, points in specified parts of New otherwise specifically noted, each appli­ of the Interstate Commerce Commission, Jersey. Mr. Edwin L. Scherlis, Attorney cant (on applications filed after Mar. 27, Washington, D.C. at Law, 1209 Lewis Tower Building, 15th 1972) states that there will be no signifi­ [seal] R obert L. O swald, and Locust Streets, Philadelphia, Pa. cant effect on the quality of the human Secretary. 19102. environment resulting from approval of [FR Doc.73-21157 Filed 10-3-73;8:45 am] No. MC-FC-74724. By order entered its application), are governed by special September 24, 1973, the M otor Carrier rule 1100.2471 of the Commission’s gen­ Board approved the transfer to C and H eral rules of practice (49 CFR, as [Notice No. 366] Truck Lines, Inc., Spartanburg, S.C., of amended), published in the F ederal R eg­ MOTOR CARRIER BOARD TRANSFER Certificate of Registration No. MC-56956 ister issue of April 20, 1966, effective PROCEEDINGS (Sub-No. 1), issued February 12, 1964, May 20,1966. These rules provide, among other things, that a protest to the grant­ Synapses of orders entered by the to C. W. Johnson and Harry N. Johnson, doing business as C. and H. Truck Line, ing of an application must be filed with Motor Carrier Board of the Commission the Commission within 30 days after pursuant to sections 212(b), 206(a), 211, Spartanburg, S.C., evidencing a right to engage in transportation in interstate or date of notice of filing of the applica­ 312(b), and 410(g) of the Interstate tion is published in the F ederal R eg­ Commerce Act, and rules and regulations foreign commerce, in the transportation of commodities in general, between points ister. Failure seasonably to file a pro­ prescribed thereunder (49 CFR Part test will be construed as a waiver of op­ 1132), appear below: and places in Spartanburg County and between points and places in Spartan­ position and participation in the pro­ Each application (except as otherwise ceeding. A protest under these rules specifically noted) filed after March 27, burg County and points and places in South Carolina. James C. Creal, 188 West should comply with section 247(d) (3) of 1972, contains a statement by applicants the rules of practice which requires that that there will be no significant effect on Main St., Spartanburg, S.C. 29301, at­ torney for applicants. it set forth specifically the grounds upon the quality of the human environment which it is made, contain a detailed resulting from approval of the applica­ No. MC-FC-74726. By order entered statement of protestant’s interest in the tion. As provided in the Commission’s September 24, 1973, the M otor Carrier proceeding (including a copy of the Special Rules of Practice any interested Board approved the transfer to Duncan specific portions of its authority which person may file a petition seeking recon­ Transportation Co., a Corporation, River­ protestant believes to be in conflict with sideration of the following numbered ton, Va., of the operating rights set forth that sought in the application, and de­ proceedings on or before October 24, in Permits Nos. MC-124652 (Sub-No. 1), scribing in detail the method—whether 1973. Pursuant to section 17(8) of the MC—124652 (Sub-No. 4 ), MC-124652 by joinder, interline, or other means—by Interstate Commerce Act, the filing of (Sub-No. 5), MC-124652 (Sub-No. 7), which protestant would use such author­ such a petition will postpone the effective and MC—124652 (Sub-No. 8 ), issued by ity to provide all or part of the service date of the order in that proceeding the Commission April 28, 1964, Febru­ proposed), and shall specify with partic­ pending its disposition. The matters re­ ary 10, 1966, July 11, 1967, January 16, ularity the facts, matters, and things lied upon by petitioners must be specified 1970, and March 1, 1973, respectively, to relied upon, but shall not include issues in their petitions with particularity. Julian F. Duncan, doing business as Dun­ or allegations phrased generally. Pro­ No. MC-FC-74667. By order of Sep­ can Transfer, Riverton, Va., authorizing tests not in reasonable compliance with tember 25,1973, the Motor Carrier Board the transportation of masonry and mor­ the requirements of the rules may be approved the transfer to Lester T. Sheely, tar cement, from Riverton, Va., to points rejected. The original and one (1) copy doing business as H & S Towing Service, in Connecticut, Delaware, Florida, of the protest shall be filed with the Com­ Camp Hill, Pennsylvania,, of the operat­ Georgia, Indiana, Kentucky, Maryland, mission, and a copy shall be served con­ ing rights in Certificate No. MC-123813, Massachusetts, Michigan, New Jersey, currently upon applicant’s representa­ issued November 15, 1971, to Lester T. New York, North Carolina, Ohio, Penn­ tive, or applicant if no representative is Sheely and Dale R. Henry, doing busi­ sylvania, Rhode Island, South Carolina, named. If the protest includes a request ness as H & S Towing Service, Camp Hill, Tennessee, Virginia, West Virginia, and for oral hearing, such requests shall meet Pennsylvania, authorizing the transpor­ the District of Columbia; and materials, the requirements of section 247(d) (4) of tation of wrecked,- damaged, disabled, equipment, and supplies used in the the special rules, and shall include the and repossessed motor vehicles, by manufacture of masonry cement and certification required therein. truckaway method, by use of wrecker mortar cement, from points in Dela­ ware, Maryland, New Jersey, North Section 247 ( f ) o f the Commission’s equipment only (excluding the trans­ rules of practice further provides that portation of vehicles for the United Carolina, West Virginia, Pennsylvania, States Government) , between points in New York, Ohio, South Carolina, Ten­ Dauphin and Cumberland Counties, Pa., nessee, Connecticut, Rhode Island, Mich­ 1 Copies of special rule 247 (as amended) on the one hand, and, oh the other, can be obtained by writing to the Secretary, igan, Indiana, Kentucky, Georgia, Flor­ Interstate Commerce Commission, Washing­ Points in Ohio, Indiana, Delaware, ida, and Massachusetts, to Riverton, Va., ton, D.C. 20423.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27562 NOTICES each applicant shall, if protests to its ap­ off-route points in connection with car­ convenience only in connection with car­ plication have been filed, and, on or be­ rier’s regular-route operations; (5) Serv­ rier’s regular-route operations, serving fore December 3, 1973, notify the Com­ ing points in Pennsylvania on and east of no intermediate points, and serving the mission in writing (1) that it is ready U,S. Highway 220 and south of a line ex­ termini for purposes of joinder only; to proceed and prosecute the applica­ tending from Towanda, Pa. along U.S. (6) Between junction Interstate High­ tion, or (2) that it wishes to withdraw the Highway 6 to Wyalusing, Pa., thence way 87 and Interstate Highway 90 and application, failure in which the applica­ along Pennsylvania Highway 706 to junc­ Fort Lee, Mass.; From junction Inter­ tion will be dismissed by the Commission. tion U.S. Highway 11, thence along U.S, state Highway 87 over Interstate High­ Further processing steps (whether Highway 11 to junction with Pennsyl­ way 90 to Fort Lee, Mass., and return over modified procedure, oral hearing,✓ or vania Highway 106, thence along Penn­ the same route, as an alternate route for other procedures) will be determined sylvania Highway 106 to junction with operating convenience only in connection generally in accordance with the Com­ Pennsylvania Highway 652, thence along with carrier’s regular-route operations, mission’s general policy statement con­ Pennsylvania Highway 652 to the Penn­ serving no intermediate points, and serv­ cerning motor carrier licensing proce­ sylvania-New Jersey State line (formerly ing termini for purposes of joinder only; dures, published in the F ederal R egister U.S. Highway 106) as off-route points in (7) Between junction Interstate High­ issue of May 3,1966. This assignment will connection with carrier’s regular-route way 87 and Interstate Highway 90 and be by Commission order which will be operations; and (6) Serving points in Jersey City, N.J.; From junction Inter­ served on each party of record. Broaden­ New Jersey on and south of U.S. High­ state Highway 87 and Interstate High­ ing amendments will not be accepted way 40 and* on and west of a line begin­ way 90 over Interstate Highway 87 to after the date of this publication except ning at Pittsgrove, N.J., and extending junction New Jersey Highway 17, thence for good cause shown, and restrictive along New Jersey Highway 77 to Bridge- over New Jersey Highway 17 to Interstate amendments will not be entertained fol­ ton, N.J. in a southeasterly direction to Highway 80, thence over Interstate High­ lowing publication in the Federal Reg­ Beaden Point, N.J. as off-route points way 80 to junction Interstate Highway ister of a notice that the proceeding has in connection with carrier’s regular-route 95, thence over Interstate Highway 95 been assigned for oral hearing. operations; end (B) general commodi­ to junction Interstate Highway 78, ties (except commodities in bulk, and thence over Interstate Highway 78 to No. MC 531 (Sub-No. 294), filed Class A and B explosives); (1) Serving Jersey City, and return over the same July 23, 1973. Applicant: YOUNGER points in Illinois on and south of a line route, as an alternate route for operating BROTHERS, INC., 4904 Griggs Road, beginning at New Boston, HI. and extend­ convience only in connection with car­ P.O. Box 14048, Houston, Tex. 77021. ing along Illinois .Highway 17 to junc­ rier’s regular-route operations serving no Applicant’s representative: Wray E. tion U.S. Highway 34 at or near Nekoma, intermediate points and serving the Hughes (same address as applicant). Au­ HI. and thence along U.S. Highway 34 to termini for purposes of joinder only; (8) thority sought to operate as a common Chicago, HI. including points on the Between Buffalo, N.Y. and Harrisburg, carrier, by motor vehicle, over irregular indicated portion of the Highway spe­ Pa.; From Buffalo over U.S. Highway 20 routes, transporting: Chemicals, in bulk, cified as off-route points in connection to junction New York Highway 63, thence from the plantsite of Dow Chemical, with carrier’s regular-route operations; over New York Highway 63 to junction U.S.A. at or near Flaquemine, La., to (2) Between Bluefield, Va. and junction New York Highway 245, thence over New points in the United States (except Interstate Highway 77 and Interstate York Highway 245 to junction U.S. Alaska and Hawaii), restricted to ship­ Highway 70 (near Cambridge, O h io ); Highway 15, and thence over U.S. High­ ments originating at said plantsite. From Bluefield, Va. over Interstate High­ way 15 to Harrisburg and return over the Note.—Common control may be involved. way 77 to junction Interstate Highway 70 same route, as an alternate route for Applicants states that the requested author­ and return over the same route, as an operating convenience only in connection ity can not be tacked with its existing au­ alternate route for operating convenience with carrier’s regular-route operations, thority. If a hearing is deemed necessary, only in connection with applicant’s regu­ serving no intermediate points; and (9) applicant requests it be held at New Orleans, lar-route operations and serving the Between Binghamton, N.Y. and junction La., or Houston, Tex. termini for the purpose of joinder only; UB. Highway 15 and New York Highway No. MC 4963 (Sub-No. 40), filed (3) Between Buffalo, N.Y. and Syracuse, 17; From Binghamton, N.Y. over New June 25, 1973. Applicant: ALLEGHANY N.Y.; From Buffalo over Interstate York Highway 17 to U.S. Highway 15 and CORPORATION, doing business as Highway 90 to Syracuse, and return over return over the same route, as an alter­ JONES MOTOR, Bridge Street and the same route, as an alternate route for nate route for operating convenience only Schuylkill Road, Spring City, Pa. 19475. operating convenience only in connection in connection with carrier’s regular-route Applicant’s representative: Roland Rice, with carrier’s regular-route operations operations, serving n o' intermediate Suite 618, Perpetual Building, Washing­ serving no intermediate points, and serv­ points, and serving the termini for pur­ ton, D.C. 20004. Authority sought to op­ ing Syracuse for the purpose of joinder poses of joinder only. Note: Common erate as a common carrier, by motor ve­ only; (4) Between Syracuse, N.Y. and control was approved in M C-F 11221. By hicle, over regular routes, transporting: Allentown, Pa.; From Syracuse over this application, applicant seeks to elimi­ (A ) General commodities (except those Interstate Highway 81 to junction Inter­ nate the necessity of performing service of unusual value, livestock, classes A and state Highway 81E, thence over Interstate through various gateways. If a hearing is B explosives, household goods, as defined Highway 81E to junction Interstate deemed necessary, applicant requests it by the Commission, commodities in bulk, Highway 80, thence over Interstate be held at Washington, D.C. and commodities, requiring special equip­ Highway 80 to junction Pennsylvania No. MC 11207. (Sub-No. 336), filed Au­ ment), (1) Serving points'in Connecti­ Highway 115, thence over Pennsylvania gust 15,1973. Applicant: DEATON, INC., cut as off-route points in connection with Highway 115 to junction Pennsylvania 317 Avenue W, P.O. Box 938, Birming­ carrier’s regular-route operations; (2) Highway 512, thence over Pennsylvania ham, Ala. 35201. Applicant’s representa­ Serving points in Massachusetts as off- Highway 512 to junction Interstate High­ tive: A. Alvis Layne, 915 Pennsylvania route points in connection with carrier’s way 78, and return over the same route, Building, Washington, D.C. 20004. Au­ regular-route operations; (3) Serving as an alternate route for operating con­ thority sought to operate as a common points in Virginia on and west of the line venience only in connection with carrier’s extending from the Virginia-North Caro­ regular-route operations serving no carrier, by motor vehicle, over irregular lina State line along U.S. Highway 15 to intermediate points and serving Syracuse routes, transporting: Composition build­ Warrenton, Va., thence along U.S. High­ for the purpose of joinder only; (5) Be­ ing boards, and parts materials, and ac­ way 211 to the District of Columbia-Vir- tween Syracuse, N.Y. and the junction of cessories incidental to the transportation ginia Boundary line, including points on Interstate Highway 87 and Interstate and installation thereof, from Greenville, the indicated portions of the highways Highway 90; From Syracuse over Inter­ Miss., to Memphis, Tenn. specified as off-route points in connection state Highway 90 to junction Interstate Note.—Applicant states that the requested with carrier’s regular-route operations; Highway 87, and return over the same authority cannot be tacked with its existing authority. If a hearing is deemed necessary, (4) Serving points in North Carolina as route, as an alternate route for operating

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27563 applicant requests it be held at Washington, thence over Illinois Highway 47 to commodities in bulk, and commodities D.C. or Memphis, Tenn. Hebron, and return over the same route, requiring special equipment), (1) be­ No. MC 11220 (Sub-No. 133), filed serving Lake Geneva for the purpose of tween the junction of UJS. Highway 66 joinder only; (4) Between Elkhom, Wis. and Illinois Highway 48 and Decatur, July 19, 1973. Applicant: GORDONS HI., as an alternate route for operating TRANSPORTS, INC., 185 West McLe- and Lake Geneva, Wis.: Prom Elkhom over U.S. Highway 12 to Lake Geneva, convenience only, in connection with ap­ more Avenue, P.O. Box 59, Memphis, plicant’s regular-route operations, serv­ Tenn. 38101. Applicant’s representative: and return over the same route, serving Lake Geneva for the purpose of joinder ing no intermediate points, with service W. P. Goodwin (same address as appli­ at the junction of U.S. Highway 66 and cant) . Authority sought to operate as a only; (57 Between Richmond, HI. and Lake Geneva, W is.: Prom Richmond over Illinois 48, for the' purpose of joinder common carrier, by motor vehicle, over only; Prom the junction of U.S. Highway regular routes-, transporting: General U.S. Highway 12 to Lake Geneva, and return over the same route, serving Lake 66 and Hlinois 48 over Hlinois 48 to commodities (except those of unusual Decatur, HI., and return over the same value, classes A and B explosives, house­ Geneva for the purpose of joinder only; (6) Between Lake Geneva, Wis. and Mil­ route; and (2) between Decatur, HI., hold goods as defined by the Commis­ and Peoria, HI., as an alternate route for sion, commodities in bulk and those re­ waukee, Wis.: Prom Lake Geneva over quiring special equipment), (1) Between Wisconsin Highway 36 to Milwaukee, operating convenience only, in connec­ and return over the same route, serving tion with regular-route operations, and Minneapolis, Minn, and Kansas City, serving Lincoln, HI., for the purpose of Mo.: Prom Minneapolis over Interstate Lake Geneva and Burlington, Wis. and Highway 35-W to junction Interstate junction Wisconsin Highway 36 and Wis­ joinder only; From Decatur, HI., over consin Highway 43 for the purpose of Illinois Highway 121 via Lincoln to Pe­ Highway 35, thence over Interstate oria, and return over the same route. Highway 35 to Kansas City and return joinder only; (7) Between Kenosha, Wis. over the same route, as an alternate and Burlington, Wis.: Prom Kenosha Note.—If a hearing is deemed necessary, route for operating convenience only in over Wisconsin Highway 43 to Burling­ applicant requests it be held at Dallas, Tex. connection with carrier’s regular route ton, and return over the same route, No. MC 52861 (Sub-No. 31), filed Au­ operations, serving no intermediate serving Burlington, Wis. for the purpose gust 15, 1973. Applicant: WILLS points and serving Kansas City, Mo. for of joinder only; (8) Between the junc­ TRUCKING, INC., 5755 Granger Street, the purpose of joinder only. Restriction: tion of Wisconsin Highway 50 and Wis­ Cleveland, Ohio 44113. Applicant’s rep­ Service may not be rendered over the consin Highway 75 and the junction of resentative: Paul P. Berry, 88 East Broad above described route involving traffic Wisconsin Highway 75 and Wisconsin Street, Columbus, Ohio 43215. Authority originating at, destined to or inter­ Highway 20: From junction Wisconsin sought to operate as «a common carrier, changed at points in the Kansas City, Highway 50 and Wisconsin Highway 75 by motor vehicle, over irregular routes, Kans.-Kansas City, Mo., commercial over Wisconsin Highway 75 to junction transporting: Fluorspar, in bulk, in zone; (2) between Minneapolis, Minn, Wisconsin Highway 20, and return over dump vehicles, between points in Wayne and Chicago, 111.: From Minneapolis the same route, serving junction Wiscon­ County, Mich., on the one hand, and, over Interstate Highway 94 to junction sin Highway 11 and Wisconsin Highway on the other, points in Indiana, Illinois, 75 for the purpose of joinder only; Interstate Highway 90, thence over In­ and Ohio. terstate Highway 90 to Chicago and re­ (0) Between Racine, Wis. and the junc­ turn over the same route, as an alternate tion of Wisconsin Highway 20 and Wis­ Note.—Applicant states that the requested consin Highway 36: From Racine over authority cannot be tacked with its existing route for operating convenience only, in authority. If a hearing is deemed necessary, connection with carrier’s regular route Wisconsin Highway 20 to junction Wis­ applicant requests it be held at Columbus, operations, serving no intermediate consin Highway 36, and return over the Ohio. points, and serving Chicago, HI. for the same route; (10) Between Racine, Wis. purpose of joinder only. Restriction: Re­ and Milwaukee, Wis.: From Racine over No. MC 52953 (Sub-No. 42), filed stricted to traffic moving from, to or Wisconsin Highway 31 to junction Wis­ July 9, 1973. Applicant: ET & WNC through points in Tennessee. consin Highway 32, thence over Wiscon­ TRANSPORTATION COMPANY, a cor­ sin Highway 32 to Milwaukee, and poration, 132 Legion Street, Johnson Note.— Common control may be involved. City, Tenn. 37601. Applicant’s represent­ If a hearing is deemed necessary, applicant return over the same route; (11) Be­ requests it be held at Memphis, Tenn. or tween Peru, 111. and Wenona, HI.: From ative: H. M. Cook, P.O. Box 449, John­ Washington, D.C. Peru over U.S. Highway 51 to Wenona, son City, Tenn. 37601. Authority sought and return over the same route; (12) to operate as a common carrier, by motor No. MC 19553 (Sub-No. 35), filed Between Dixon, 111. and Peoria, 111.: vehicle, over regular routes, transport­ July 5, 1973. Applicant: KNOX MOTOR Prom Dixon over U.S. Highway 26 to ing: General commodities (except those SERVICE, INC., P.O. Box 359, Rockford, junction Interstate 180, thence over of unusual value, classes A and B explo­ 111. 61105, Applicant’s representative: Interstate Highway 180 to junction Illi­ sives, household goods, as defined by the' Leonard R. Kofkin, 39 South La Salle nois Highway 29, thence over Illinois Commission, commodities in bulk, and Street» Chicago, 111. 60603. Authority Highway 29 to Peoria, and return over those requiring special equipment), serv­ sought to operate as a common carrier, the same route, in (1) through (12) ing Chatsworth and Eton, Ga., as off- by motor vehicle, over regular routes, above as alternate routes for operating route points in connection with appli­ transporting: General commodities (ex­ convenience only, in connection with cants regular-route operations. cept those of unusual value, classes A carrier’s regular route operations, serv­ Note.—Common control may be Involved. and B explosives, household goods as de­ ing no intermediate points. If a hearing Is deemed necessary, applicant fined by the Commission, commodities requests it be held at Chattanooga, Tenn. or Note.—If a hearing is deemed necessary, in bulk, and those requiring special Atlanta, Ga. equipment), (1) Between Darien, Wis. applicant requests it be held at Chicago, 111. and Harvard, 111.: Prom Darien over U.S. No. MC 41432 (Sub-No. 134) , filed No. MC 59117 (Sub-No. 41), filed Au­ Highway 14 to Harvard, and return over July 30, 1973. Applicant: EAST TEXAS gust 9, 1973. Applicant: ELLIOTT the same route; (2) Between Lake MOTOR FREIGHT LINES, INC., 2355 TRUCK LINE, INC., 101 East Excelsior, Geneva, Wis. and the junction of Wis­ Stemmons Freeway, P.O. Box 10125, Dal­ P.O. Box 1, Vinita, Okla. 74301. Appli­ consin Highway 50 and Wisconsin High­ las, Tex. 75207. Applicant’s representa­ cant’s representative: Wilburn L. Wil­ way 15: Prom Lake Geneva over W iscon­ tive: W. P. Furrh (same address as ap­ liamson, 280 National Foundation Life sin Highway 50 to junction W isconsin plicant) . Authority sought to operate as Building, 3535 Northwest 58th, Oklahoma Highway 15, and return over the same a common carrier, by motor vehicle, over City, Okla. 73112. Authority sought to route, serving Lake Geneva for the pur­ regular routes, transporting: General operate as a common carrier, by motor pose of joinder only; (3) Between Lake commodities (except those of unusual vehicle, over irregular routes, transport­ Geneva, Wis, and Hebron, HI.: Prom value, classes A and B explosives, live­ ing: Fertilizer and fertilizer materials, Lake Geneva over W isconsin Highway stock, rock, gravel, sand, household from the plantsite of Farmland Indus­ 120 to junction Illinois Highway 47, goods as defined by the Commission, tries, Inc. Nitrogen Plant, located at or

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27564 NOTICES near Enid, Okla., to points in Arkansas, ada boundary line over Interstate High­ and other storage tanks, when said com­ Kansas, Missouri, Oklahoma, and Texas, way 94 to Detroit, and return over the modities are not moving as oilfield equip­ restricted to traffic originating at the same route, restricted against the trans­ ment, as follows: The holder of this au­ above named origin. portation of traffic interlined or origi­ thority may transport the above-named nating at or destined to Port Huron, Note.—Applicant states that the requested commodities together with its attach­ authority cannot be tacked with its existing Mich.; and (2) Irregular routes: Be­ ments and its detached parts thereof authority. If a hearing is deemed necessary, tween the plantsite and facilities of Ford between incorporated cities, towns and applicant requests it be held at Oklahoma Motor Company, Romeo, Mich., and the villages only when the commodity to be City, Okla. or Kansas City, Mo. International Boundary line between the transported weighs 4,000 pounds or more No. MC 64932 (Sub-No. 518), filed Au­ United States and Canada located at in a single piece or when such com­ gust 17, 1973. Applicant: ROGERS Port Huron, Mich. modity, because of physical characteris­ tics other than weight, requires the use of CARTAGE CO., a corporation, 10735 Note.—Applicant states that the requested South Cicero Avenue, Oak Lawn, HI. authority cannot be tacked with its irregular “Special devices, facilities or equipment” 60453. Applicant’s representative: Carl routes. If a hearing deemed necessary, ap­ for the safe and proper loading or un­ plicant requests it be held at Detroit, Mich., loading thereof; absorbers (scrubbers); L. Steiner, 39 South La Salle Street, Chi­ Chicago, 111., or Washington, D.C. cago, HI. 60603. Authority sought to op­ air or gas lift equipment; amplifiers, erate as a common carrier, by motor ve­ No. MC 96719 (Sub-No. 3 ), filed seismic; anodes, magnesium; armatures hicle, over irregular routes, transport­ May 31, 1973. Applicant: THRASHER (heavy) and parts; assemblies, backside, ing: (1) Hydrogen, in bulk, in tank TRUCKING COMPANY, a corporation, casinghead, Christmas tree, stuffing, vehicles, from Painesville, Ohio to Coun­ P.O. Box 116, Monahans, Tex. 79756. Ap­ knock-off screen setting, seating and set tryside, HI.;" (2) waste acid, in bulk, in plicant’s representative: Jerry Prest- shoe; asphalt plant; asphalt or pipe line tank vehicles, from Clinton, Hid., to ridge, P.O. Box 1148, Austin, Tex. 78767. coating, in barrels or drums; bailers; Toledo, Ohio, and (3) liquid chemicals, Authority sought to operate as a common barges, benders, pipe; blowout pre­ in bulk, in tank vehicles, from South carrier, by motor vehicle, over irregular venters, boons, crane, truck, dragline, Bend, Hid., to points in Hlinois, Michigan, routes, transporting: Oilfield equipment derrick and tractor; brakes and parts; Ohio, and Wisconsin. and pipe, when moving as oilfield equip­ bridges, portable; buckets, clam shell, ment; pipe, when it is to be used in the dragline and shovel; bug blowers; cable Note.—Applicant states that the requested construction of pipe lines of any and tool drilling machines; cable tools; cab authority cannot be tacked with its existing heads; chains, leading, in barrels; casing authority. If a hearing is deemed necessary, every other character or use other than applicant requests it be held at Chicago, 111. oilfield equipment, between the points spiders; chlorine and other chemicals in within the area covered by the existing steel cylinders or tanks (not tank No. MC 73688 (Sub-No. 63), filed July certificate of the applicant; except that trucks); gas compressors; connection 16, 1973. Applicant: SOUTHERN the applicant is prohibited from trans­ racks; conveyors; core barrels; coring TRUCKING CORPORATION, 1500 porting pipe when not moving as oilfield units; clutches (heavy); crown blocks; Orenda Avenue, Memphis, Tenn. 38107. equipment, where both origin and desti­ crank shafts (heavy); cross-arms and Applicant’s representative: Charles H. nation are places on the certificated their hardware; cross-ties; cylinder, en­ Hudson, Jr., 601 Stahlman Building, routes of regular route common carrier gine and compressor; dehydration units; Nashville, Tenn. 37201. Authority sought motor carriers, when such pipe is less derrick ramps; derrick starting leg; der­ to operate as a common carrier, by m otor than four inches (4” ) in diameter and rick skids; derrick steps; derrick sub­ vehicle, over irregular routes, transport­ is also less than twenty-eight feet (28') structure; drill bits; drill collars; drilling ing: Laminated wood products, (1) from in length; trenching machines, tractors, line; drilling hose; draw works; drilling Vicksburg and Magee, Miss, and Pine drag lines, back fillers, caterpillars, road rig machinery; elevators; elevator bails; Bluff, Ark., to Memphis, Tenn., and (2) building machinery, batch bins, ditching engine sub-structures; empty cylinders; from Vicksburg, Miss., to Pine Bluff, machinery, bulldozers, heavy mixers, extensions, derrick base; engine com­ Ark. finishing machinery, power hoists, pound; finger boards; floor skids; fronts, Note.—Applicant states that the requested cranes, heavy machinery, pile driving rig or derrick; fishing tools; fouble authority cannot be tacked with its existing rigs, paving machines and equipment, boards; fuel oil and gasoline (not in­ authority. If a hearing is deemed necessary, graders, construction equipment, boilers, cluding movement in tank trucks or tank applicant requests it be held at Memphis, scrapers, irrigation and drainage ma­ trailers); garages, portable; guards, Tenn. chinery, road maintainers, electric mo­ chain and belt; grief stems or kelly No. MC 87689 (Sub-No. 10) , filed July tors, pumps, transformers, circuit joints; guns, mud; gravity meters; heat 2,1973. Applicant: INTER-CITY TRUCK breakers, turbines, bridge construction exchangers; hooks; jack shafts; kelly LINES LIMITED, Box 900, Station “ U” , equipment, shovels, planes, lathes, air and pipe straightener; ladders, derrick; Toronto 18, Ontario, Canada. Applicant’s compressors, rotaries, prefabricated light plants; machinery, pipe screening, representative: William J. Hirsch, Suite houses, bulk station storage tanks, heavy pipe screwing, pipe slatting, pipe thread­ 444, 35 Court Street, Buffalo, N.Y. 14202. tanks, pump machinery, erection ma­ ing or cutting, pipe wrapping; water well Authority sought to operate as a com ­ chinery and equipment, refinery machin­ machinery, water well surveying machin­ mon carrier, by motor vehicle, over regu­ ery and equipment, boats and prefabri­ ery; milling machine; marsh buggies; lar and irregular routes, transporting: cated steel girders, threshing machines, magnetic field balances; magnetometers; General commodities (except those of sawmill machinery, telephone and tele­ masts; monorail systems; mud boats; unusual value, Classes A and B explo­ phone and telegraph poles, creosote and mud houses; mud mixers; mud tanks; sives, household goods as defined by the other pilings, heavy furnaces or ovens, mufflers (heavy); mouse holes; nipples, Commission, commodities in bulk, and pipe (including iron, steel, concrete, com­ iron, cement; perforators; planers, commodities requiring special equip­ position or corrugated), punches, presses, power; plow; poles, gin; power transmis­ ment), (1) Regular routes: (a) Serving iron or steel girders, beams, columns, sion equipment (towers); pressure de­ the plantsite and facilities of Ford Motor posts, channels and trusses, generators vices; rails, steel; railroad engines, cars Company, Romeo, Mich., as an off-route and dynamos, iron and steel castings, and equipment; rat holes; radiators point in connection with carrier’s regu­ sheets, and plates, industrial hammers, (heavy); reamers; reinforcing steel; lar-route operations from and to Detroit, industrial machinery, including laundry, retorts, iron or steel; river clamps; rods, Mich.; (b) Between the port of entry on ice making, air conditioning, baker, bot­ reinforcing and sucker (single and the United States-Canada boundary line tling, gin, crushing, dredging, mill, brew­ bundles); recording equipment; road at or near Port Huron, Mich., and De­ lumber; rig timbers; seismic shooting troit, Mich., as an alternate route for op­ ery, textile, water plant and wire erating convenience only, in connection covering, twisting or laving, derricks, equipment; slips; Shale shakers; screens; with carrier’s regular route operations, hoists, steam or internal combustion substitutes; speed reducers; smoke serving no intermediate points: From the engines^ rollers, power shovels, safes, stacks; starting units; stand pipes; port of entry on the United States-Can­ vaults, bank doors, and gasoline, fuel oil swivels; suctions; spears and fishing

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27565 tools; takeoffs, power; tool joints; use of “special devices, facilities, or plicant’s representative: Edward G. towers, treating plants; tongs; traveling equipment” for the safe and proper load­ Villalon, 1032 Pennsylvania Building, blocks; tubing and tubing heads; valves; ing or unloading and transportation Pennsylvania Avenue and 13th Street V-belt drives; utility houses; welding thereof; aircraft; aircraft engines; air­ NW., Washington, D.C. 20004. Authority machines; wire line, rope or cable, on craft fuselages; aircraft service trucks; sought to operate as a common carrier, reels; lift equipment; anchors; angles balls, crushing or grinding; bins; blast­ by motor vehicle, over irregular routes, (heavy ) ; mud, including drilling mud ing sand in sacks; blowers; coils; cul­ transporting: (1) Equipment, materials, and conditioners (not including move­ verts; feeders, livestock; filters and filter and supplies, used in the manufacture of ments in tank trucks or tank trailers); elements; grease racks; harvesters; muf­ mobile homes, (2) material handling propellers or shafts; blades, including bit, fler stacks; pier tubing; poles, power; equipment; equipment, materials, and scraper and grader; boring machines or rotor blades; scales; spreaders or appli­ supplies used in the manufacture of ma­ mills, including parts and equipment; cators; sprinkler systems; street sweep­ terial handling equipment and (3) parts, dam and power plant machinery and ers; steel strand, in rolls or on reels; sub­ attachments, and accessories used in equipment (control gates); collars, in­ ject to the following restriction: The connection with the commodities de­ cluding drill or pipe; counter-balances, holder of this authority may transport scribed in (1) and (2) above, between including counter shafts and weights; the above-named commodities (begin­ Winfield, Ala., on the one hand, and, on hoppers; printing machines; telephone ning with the commodity “Aircraft” ) the other, points in the United States equipment (cables, reels, switchboards); together with attachments and detached (except Alaska and Hawaii), restricted tools in boxes and houses; trailer, parts thereof, between points in the pick­ against the transportation of commodi­ mounted units, including mounted work- up and delivery limits of the regular ties in bulk. over units; treaters; blocks; jacks route common carrier motor carriers in Note.—Common control may be involved. (heavy); joints, including expansion or incorporated cities, towns and villages Applicant stated that the requested authority kelly; core drilling machines; core drill­ only when the commodities to be trans­ cannot be tacked with applicant’s existing ing equipment; protectors (attached to ported weigh 4,000 pounds or more in a authority to render an additional service. If pipe); and heaters, when not moving as single piece or when such commodities, a hearing is deemed necessary, applicant re­ oilfield equipment as. follows: The holder because of physical characteristics other quests it be held at Birmingham, Ala. or of this authority may transport the than weight, require the use of “special Washington, D.C. above-named commodities (beginning devices, facilities or equipment” for the No. MC 99610 (Sub-No. 16) (Cor­ with the commodity “Absorbers” ) to­ safe and proper loading or unloading and rection), filed July 27, 1973, published gether with its attachments and its transportation thereof. The term “special in the FR issue of September 7,1973, and detached parts thereof, between points devices, facilities or equipment” is con­ republished as amended, this issue. Ap­ in the pick-up and delivery limits of the strued to mean only those operated by plicant: ROSS NEELY EXPRESS, INC., regular route common carrier motor car­ motive or mechanical power, and all 1500 Second Street, Pratt City, Birming­ riers in incorporated cities, towns and commodities to be transported beginning ham, Ala. 35214. Applicant’s representa­ villages only when the commodity to be with “Articles of iron, steel and other tive: Edward G. Villalon, 1032 Pennsyl­ transported weighs 4,000 pounds or more metals or materials”, together with at­ vania Building, Pennsylvania Avenue in a single piece or when such com­ tached and detached parts thereof and 13th Street NW., Washington, D.C. modity, because of physical character­ must require special equipment for the 20004 and Robert S. Richard, 57 Adams istics other than weight, require the use safe and proper loading or unloading Avenue, P.O. Box 2069, Montgomery, Ala. of “special devices, facilities or equip­ and transportation thereof. RESTRIC­ 36103. Authority sought to operate as ment” for the safe and proper loading or TIONS: (1) no territory granted herein a common carrier, by motor vehicle, over unloading and transportation thereof. shall be greater than the holder’s pres­ irregular routes, transporting: Pipe, fit­ The term “special devices, facilities or ent authority on oil field equipment; (2) tings, hydrants, valves, and parts and ac­ equipment,” is construed to mean only no duplicating authority in holder will cessories for the aforenamed items (ex­ those operated by motive or mechanical result from any grant herein; (3) the cept commodities in bulk), from the power; and all commodities to be trans­ authority granted herein shall be non- facilities of United States Pipe and ported, beginning with “trenching ma­ severable from holder’s existing oil field Foundry Company at or near Birming­ chines”, together with attached and authority; (4) the authority granted ham and Bessemer, Ala., to points in detached parts thereof, must require herein shall not include: (a) liquid or Tennessee, Georgia, Florida, North Caro­ specialized equipment for the safe and dry fungible commodities in bulk; (b) lina and South Carolina, restricted to proper loading or unloading and trans­ oil field equipment; (c) household goods the transportation of traffic originating portation thereof; Articles of iron, steel and used office furniture and equipment; at the facilities of United States Pipe and other metals or materials, individ­ and (d) pipe as authorized in the “Wales and Foundry Company at or near Bir­ ually or in bales or bundles, viz: Plates; Record” ; and (5) no authority granted mingham and Bessemer, Ala. posts; angles; forms; sheets; rounds; herein shall authorize transportation of Note.—The purpose of this republication channels; beams; ingots; piling; billets; any commodity authorized by either the is to clarify the commodity description. If blooms; reinforcing rods; bars or flats; “Wales Record” or “Union City Record” a hearing is deemed necessary, applicant re­ wire mesh; pipe; tubing; wire rod; slab; to the extent authorized in such records; quests it be held at Birmingham, Ala., or skelp; cattle guards; conduit; forgings; Washington, D.C. guard rails; scaffolding and scrap metal between points in Texas. " Note.—Applicant states that the requested No. MC 106497 (Sub-No. 83), filed (including crushed, mashed or flattened August 21, 1973. Applicant: PARKHILL motor vehicles); concrete products, pre­ authority can be tacked with existing au­ thority in its lead certificate MC 109101 Subs TRUCK COMPANY, a Corporation, P.O. stressed or reinforced. The holder of this 4, 5 ,8 and 10 (in combination with lead Box 912 (Business Route 1-44 East), authority may transport the above com­ certificate) and Sub 7 at points in “West Joplin, Mo. 64801. Applicant’s representa­ modities (beginning with the commodity Texas” to serve points in New Mexico, Okla­ tive: A. N. Jacobs, P.O. Box 113, Joplin, “Articles of iron, steel and other metals homa, Arizona, Kansas and Missouri. This Mo. 64801. Authority sought to operate as or materials” ) together with attach­ is a matter related to a finance proceeding in MC-PC 74538. Applicant seeks by this a common carrier, by motor vehicle, over ments and detached parts thereof be­ irregular routes, transporting: Machin­ tween points in the pick-up and delivery application to convert its Certificate of Reg­ limits of the regular route common car­ istration into a Certificate of Public Conven­ ery and equipment used in carpet tufting, ience and Necessity. If a hearing is deemed finishing, and manufacturing, between rier motor carriers in incorporated cities, necessary applicant requests it be held at towns and villages only when the com­ Dallas, Tex. Chattanooga, Tenn., on the one hand, modity or commodities to be. transported and, on the other, points in the United weigh 2,000 pounds or more in a single No. MC 99610 (Sub-No. 15), filed States (except Alaska and Hawaii). piece or in bales or bundles, or when such July 23, 1973. Applicant: ROSS NEELY Note.—Common Control may bfe involved. commodities because of physical charac­ EXPRESS, INC., 1500 Second Street, Applicant states that the requested authority teristics other than weight, require the Pratt City, Birmingham, Ala. 35214. Ap­ oannot be tacked with its existing authority.

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 No. 192- 27566 NOTICES'

If a hearing is deemed necessary, applicant ment) , serving the plantsite of Brothers Pennsylvania, Tennessee, Texas, Wis­ requests it be held at New Orleans, La., oof Furniture Corporation, Inc., at or near consin, restricted to traffic originated at Memphis, Tenn. Livermore, Ky., as an off-route point in Greenville, Ohio. No. MC 107295 (Sub-No. 666), filed connection with applicant’s regular- Note.:—Applicant states that the requested August 9, 1973. Applicant: PRE-FAB route operations. authority can be tacked with its existing TRANSIT CO., a Corporation, 100 South Note.— If a hearing is deemed, necessary, authority in: (A) Sub-No. 673 at Syracuse, Main Street, Fanner City, 111. 61842. Ap­ applicant requests it be held at Louisville, N.Y., to serve points in Massachusetts, New plicant’s representative: Mack Stephen­ Ky. Hampshire, Rhode Island, Connecticut, and Vermont; and (B) Sub-No. 924 (1) at son (same address as applicant). Au­ No. MC 108460 (Sub-No. 49) , filed Au­ Georgia, North Carolina, and points in that thority sought to operate as a common gust 13, 1973. Applicant: PETROLEUM part of Tennessee on and east of U.S. High­ carrier, by motor vehicle, over irregular CARRIERS COMPANY, a Corporation, way 27 to serve points in South Carolina, routes, transporting: Plywood and ply­ 5104 West 14th Street, P.O. Box 762, Virginia, and West Virginia; and (2) at wood panels and plywood products, from Alabama, Florida, Illinois, Indiana, and Mis­ Sioux Falls, S. Dak. 57101. Applicant’s souri to serve points in Harris County, Texas. Los Angeles, Calif., Galveston, Tex., and representative: Gary Mundhenke (same Charleston, S.C., to points in the United If a hearing is. deemed necessary, applicant address as applicant) . Authority sought requests it be held at Cincinnati, Ohio. States (except Alaska and Hawaii). to operate as a common carrier, by motor Note.—Applicant states that the requested vehicle, over irregular routes, transport­ No; MC 110988 (Sub-No. 300), filed authority cannot be tacked with its existing ing: Petroleum products, in bulk, in tank August 15, 1973, Applicant: SCHNEI­ authority. If a hearing is deemed necessary, vehicles, from Mankato, Minn, to points DER TANK LINES, INC., 200 West Cecil applicant requests it be held at Washington, in South Dakota. Street, Neenah, Wis. 54956. Applicant’s D.C. representative: David A. Petersen, P.O. Note.—Common control may be involved. Box 2298, Green Bay, Wis. 54306. Au­ i No. MC 107743 (Sub-No. 24), filed July Applicant states that the requested authority 20, 1973. Applicant: SYSTEM TRANS­ cannot be tacked with its existing authority. thority sought to operate as a common PORT, INC., East 6523 Broadway, Spo­ If a hearing is deemed necessary, applicant carrier, by motor vehicle, over irregular kane, Wash. 99206. Applicant’s repre­ requests it be held at Sioux Falls, S. Dak. routes, transporting: Chemicals, in bulk, sentative: S. J. Cully, Jr. (same address or Minneapolis, Minn. in tank vehicles,, between Oconto Falls, as applicant). Authority sought to oper­ Wis., and points in Arkansas, Alabama, No."MC 110365 (Sub-No. 5), filed July Delaware, Florida, Georgia, Kentucky, ate as a common carrier, by motor vehi­ 18, 1973. Applicant: WARD MAUST, cle, over irregular routes, transporting: Louisiana, Maryland, Mississippi, New DONALD MAUST AND DWIGHT Jersey, North Carolina, Oklahoma, (1) Buildings, complete, knocked down, MAUST, a partnership, doing business as and in sections, and materials and sup­ South Carolina, Tennessee, Texas, Vir­ MAUST BROTHERS, Rural Delivery 4, ginia, and West Virginia. plies used in the construction and erec­ Berlin, Pa. 15530. Applicant’s represent­ tion thereof, and (2) building materials, ative: S. Harrison Kahn, Suite 733, In­ Note.—Common control may be involved. and iron and steel articles, from Milwau- vestment Building, Washington, D.C. Applicant states that the requested author­ ke, Wis., to points in North Dakota, Mon­ ity cannot be tacked with its existing au­ 20005. Authority sought to operate as a thority. If a hearing is deemed necessary, tana, Wyoming, Idaho, Washington, common carrier, by motor vehicle, over applicant requests it be held at Washington, Oregon, Utah, and Colorado. Note: Ap­ irregular routes, transporting: (1) Po­ D.C. plicant states that the requested au­ tato chips, corn chips, cheese curls, pop­ thority cannot be tacked with its existing corn, and pretzels, from Berlin, Pa., to No. MC 112582 (Sub-No. 42), filed authority. If a hearing is deemed neces­ August 10, 1973. Applicant: T. M. ZIM­ Ashland, Ky., and points in Maryland, MERMAN COMPANY, a Corporation, sary, applicant requests it be held at New Jersey, New York, Ohio, Virginia, Milwaukee, Wis., or Chicago, m. West Virginia, and "the District of Co­ Rural Delivery No. 2, P.O, Box 380, Chambersburg, Pa. 17201. Applicant’s 1 No. MC 107906 (Sub-No. 29), filed July lumbia; (2) empty containers used for representative: John Ms Musselman, 5, 1973. Applicant: TRANSPORT potato chips, Corn chips, cheese curls, P.O. Box 1146, 410 North Third Street, MOTOR EXPRESS, INC., P.O. Box 958, popcorn, and pretzels, and materials arid Harrisburg, Pa. 17108. Authority sought Fort Wayne, Ind. 46801. Applicant’s rep­ supplies used in the manufacture of the to operate as a common carrier, by mo­ resentative: Carl L. Steiner, 39 South La above named commodities, from Ashland, tor vehicle, over irregular routes, trans- Salle Street, Chicago, 111. 60603. Author­ Ky., and points in Maryland, New Jersey, portingr Frozen foods, from Wellston, ity sought to operate as a common car­ New York, Ohio, Virginia, West Virginia, Ohio, to points in Connecticut, Dela­ rier, by motor vehicle, over regular and the District of Columbia, to Berlin, ware, Maine, Maryland, Massachusetts, routes, transporting: General commodi­ Pa.; and (3) fertilizer and fertilizer in­ New Hampshire, New Jersey, New York, ties (except those of unusual value, gredients, and feed and feed ingredients, Pennsylvania, Rhode Island, Vermont, classes A and B explosives, household between points in Somerset County, Pa., Virginia, West Virginia, and the District goods as defined by the Commission, com­ on the one hand, and, on the other, poipts of Columbia, and return shipments from modities in bulk, and those requiring in Maryland, New Jersey, New York, the above named distinations to the special equipment) . serving the plantsite Ohio, Virginia, and West Virginia. above named origin. and warehouse facilities of Anaconda N ote.— Applicant states that the requested Note.—Applicant states that the requested Aluminum Company at or near Sebree, authority cannot be tacked with its existing authority cannot be tacked with its ex­ Ky., as an off-route point in connection authority. If a hearng is deemed necessary, isting authority. Common control may be with applicant’s regular-route opera­ application requests it be held at Pittsburgh, involved. If a hearing is deemed necessary, tions. Pa. applicant requests it be held at Harrisburg, Pa., or Washington, D.C. Note.—If a hearing is deemed necessary, No. MC 110525 (Sub-No. 1067), filed applicant requests it be held at Louisville, Ky. August 15, 1973. Applicant: CHEMICAL No. MC 112750 „(Sub-No. 301), filed LEAMAN TANK LINES, INC.,. 520 East No. MC 107906 (Sub-No. 30), filed July 9, 1973. Applicant: PUROLATOR Lancaster Avenue, Downington, Pa. COURIER CORP:, 2 Nevada Drive, Lake July 26, 1973. Applicant: TRANSPORT 19335. Applicant’s representative: MOTOR EXPRESS, INC., P.O. Box 958, Success, N Y. 11040. Applicant’s repre­ Thomas J. O’Brien (same address as ap­ sentative: Russell S. Bernhard, 1625 K Fort Wayne, Ind. 46801. Applicant’s rep­ plicant) . Authority sought to operate as resentative: Carl L. Steiner, 39 South La Street NW., Washington, D C. 20006. Au­ a common carrier, by motor vehicle, thority sought to operate as a contract Salle Street, Chicago, 111. 60603. Author­ over irregular routes, transporting: ity sought to operate as a common car­ carrier, by motor vehicle, over irregular Resins and plastics, in bulk, in tank ve­ routes, transporting: Commercial papers, rier, by motor vehicle, over regular routes, hicles, from Greenville, Ohio, to points transporting: General commodities (ex­ documents written instruments and busi­ cept those of unusual value, classes A ih Alabama, Florida, Georgia, Illinois, ness records (except currency and nego­ and B explosives, household goods as de­ Indiana, Iowa, Kentucky, Missouri, tiable securities) , as are used in the busi­ fined by the Commission, commodities in Maine, Michigan, Minnesota, Mississippi, ness of banks and banking institutions, bulk, and those requiring special equip­ New York, New Jersey, North Carolina, (1) between Windsor Locks, Conn., on

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, T973 NOTICES 27567 the one hand, and, on the other, West ginia, and Wisconsin, restricted to traffic Chemical Company, located at or near Gloucester, R.I., (2) between Boston, originating at the facilities of Terminal Weeks, La., to the plantsite of Humko Mass., on the one hand, and, on the Ice & Cold Storage, located at or near Products, located at or near Memphis, other, Wolfeboro, N.H., (3) between Bettendorf, Iowa, and destined to the Tenn.; (3) aluminum sulphate, in bulk, points in Franklin County, Mass., and named destination points. in tank vehicles, from Ferguson (Law­ rence County), Miss., to points in Tex.; Hartford County, Conn., (4) between In­ Note.—Common control may be involved. dianapolis, Ind., and Hamilton, Mich.; Applicant states that the requested authority and (4) syrup, in bulk, in tank vehicles, and (5) between Chicago, HI., on the one oannot be tacked with its existing authority. from the plantsite of Southdown Sugar hand, and, on the other, points in Door, If a hearing is deemed necessary, applicant Company located at or near Southdown Langlade, and Menominee Counties, requests it be held at Chicago, 111. (Terrebonne Parish), La., to Louisville, Wis., under contract with banks and Ky. No. MC 114604 (Sub-No. 20), filed Au­ banking institutions. gust 7, 1973. Applicant: CAUDELL Note.—Applicant states that the requested Note.—Dual operations and common con­ TRANSPORT, INC., State Farmers Mar­ authority can be tacked with its existing au­ trol may be involved. Applicant states that ket, Forest Park, Ga. 30050. Applicant’s thority: In (1) above with its (a) Sub 212 the requested authority cannot be tacked on cement at Houston, Tex., to serve points with its existing authority. If a hearing is representative: Christian V. Graf, 407 in Alabama, Florida and Georgia, restricted deemed necessary, applicant requests it be North Front Street, Harrisburg, Pa. to traffic having a prior movement by water; held at Washington, D.C., or New York, N.Y. 17101. Authority sought to operate as a (b) in (2) above with its Sub 44 from points common carrier, by motor vehicle, over in Twiggs, Wilkinson, Washington and De­ No. MC 112801 (Sub-No. 146), filed irregular routes, transporting: Canned catur Counties, Ga.; Sub 111 from Flatonia, August 15, 1973. Applicant: TRANS­ and preserved foodstuffs, from the dis­ Tex.; Sub 188 from points in Walker County, PORT SERVICE CO., a corporation, 2 tribution facility of Heinz U.S.A., located Tex.; Sub 166 from points in Gaston County, Salt Creek Lane, Hinsdale, HI. 60521. Ap­ Fla.; Sub 214 from points in Jefferson at Greenville, S.C., to points in Alabama, County, Ga via the Morton Chemical Com­ plicant’s representative: Carl L. Steiner, Georgia, Mississippi, Tennessee, and the pany at Weeks, La.; to provide a through 39 South La Salle Street, Chicago, HI. New Orlean, Louisiana, commercial zone, service in the transportation of clay from 60603. Authority sought to operate as a restricted to traffic originating at and each of the points named in (b) to Mem­ common carrier, by motor vehicle, over destined to points in the above-named phis, Tenn.; (c) in (3) above with its base irregular routes, transporting: Chemi­ States. certificate, and Subs 6, 89 and 136 at points cals, in bulk, in tank vehicles, from the in Harris and Brazoria Counties, Tex., to Note.—Applicant states that the requested provide a through service on aluminum sul­ plantsite of Armak Chemical Co., Grundy authority cannot be tacked with its existing County, 111. to points in Alabama, Arkan­ phate from points in Ferguson (Lawrence authority. If a hearing is deemed necessary; County) Miss., to points in the United States sas, Connecticut, Hlinois, Indiana, Kan­ applicant requests it be held at Washington, with exceptions; and (d) in (4) above with sas, Maryland, Massachusetts, Missouri, D.C., or Pittsburgh, Pa. its Subs 68 and 100 from Houston and Corpus New Jersey, New York, North Carolina, Christ!, Tex. at the plantsite of Southdown Ohio, Pennsylvania, Texas, Oklahoma, No. MC 115840 (Sub-No. 92), filed July Sugar Company at or near Southdown (Terr- Virginia, Wisconsin, Iowa, Minnesota, 5, 1973. Applicant: COLONIAL FAST bonne Parish), La., to provide a through serv­ Kentucky, and Michigan. FREIGHT LINES, INC., 1215 Bankhead ice on syrups to Louisville, Ky. If a hearing Highway West, Birmingham, Ala. 35202. is deemed necessary, applicant requests it be Note.—Applicant states that the requested Applicant’s representative: Roger M. held at New Orleans, La., or Dallas, Tex. authority cannot be tacked with Its existing Shaner, P.O. Box 10327, Birmingham, authority. If a hearing is deemed necessary, No. MC 116077 (Sub-No. 347), filed applicant requests it be held at Omaha, Nebr. Ala. 35202. Authority sought to operate July 26, 1973. Applicant: ROBERTSON as a common carrier, by motor vehicle, TANK LINES, INC., 2000 West Loop No. MC 113855 (Sub-No. 283), filed over irregular routes, transporting: Iron August 10, 1973. Applicant: INTERNA­ South, Suite 1800, Houston, Tex. 77027. and steel articles (except commodities in Applicant’s representative: Pat H. Rob­ TIONAL TRANSPORT, INC., 2450 Mar­ bulk), from New Castle, Pa., to points in ion Road SE., Rochester, Minn. 55901. ertson, 401 First National Life Building, the United States on and east of a line Austin, Tex. 78701. Authority sought to Applicant’s representative: Alan Foss, beginning at the mouth of the Missis­ 502 First National Bank Building, Fargo, operate as a common carrier, by motor sippi River, and extending along the Mis­ vehicle, over irregular routes, transport­ N. Dak. 58102. Authority sought to op­ sissippi River to its junction' with the ing: Chemicals, in bulk, from the plant- erate as a common carrier, by motor ve­ western boundary of Itasca County, hicle, over irregular routes, transporting: site of Dow Chemical, U.S.A., located at Minn., thence northward along the west­ or near Plaquemine, La., to points in the Self-propelled commodities, weighing less ern boundaries of Itasca and Koochi­ than 15,000 pounds, from Nunda, N.Y., to United States (except Alaska and Ha­ ching Counties, Minn., to the interna­ waii) ; restricted to shipments originat­ points in the United States including tional boundary line between the United ing at the above named plantsite. Alaska but excluding Hawaii. States and Canada (except Pennsylva­ nia) , Arkansas, Louisiana, Oklahoma, Note.—Applicant states that the requested Note.—Applicant states that the requested authority cannot be tacked with its existing authority cannot be tacked with its existing and Texas. auhority. If a hearing is deemed necessary, authority. If a hearing is deemed necessary, Note.—Common control was authorized by applicant requests it be held at New Orleans, applicant requests it be held at Chicago, 111. the Commission in Docket No. MC—F-7304. La., or Houston, Tex. No. MC 114019 (Sub-No. 250), filed Au­ Applicant states that the requested authority can be tacked with its existing authority, No. MC 116763 (Sub-No. 266), filed gust 17, 1973. Applicant: MIDWEST but no new operations could be provided. If August 8, 1973. Applicant: CARL SUB- EMERY FREIGHT SYSTEM, INC., 7000 a hearing is deemed necessary, applicant re­ LER TRUCKING, INC., North West South Pulaski Road, Chicago, HI. 60629. quests it be held at Philadelphia, Pa., or Street, Versailles, Ohio 45380. Applicant’s Applicant’s representative: Arnold L. Washington, D.C. representative: H. M. Richters (same ad­ Burke, 127 North Dearborn Street, Chi­ No. MC 116077 (Sub-No. 346), filed dress as applicant). Authority sought to cago, HI. 60602. Authority sought to op­ operate as a common carrier, by motor erate as a common carrier, by motor ve­ June 28, 1973. Applicant: ROBERTSON TANK LINES, INC., 2000 West Loop vehicle, over irregular routes, transport­ hicle, over irregular routes, transporting: ing: Canned and preserved foodstuffs, Foodstuffs, and nonedible foods, from South, Suite 1800, Houston, Tex. 77027. Applicant’s representative: Pat H. Rob­ (1) from the plant or warehouse facili­ Bettendorf, Iowa, to points in Connecti­ ties of Heinz U.S.A., located at Holland, cut, Delaware, Illinois, Indiana, Iowa, ertson, Suite 401, First National Life Building, Austin, Tex. 78701. Authority Mich.; Iowa City and Muscatine, Iowa; Kansas, Kentucky, Maine, Maryland, Salem, N.J.; Toledo, Bowling Green and Massachusetts, Michigan, Minnesota, sought to operate as a common carrier, by motor vehicle, over irregular routes, Fremont, Ohio; Mechanicsburg, Leets- Missouri, Nebraska, New Hampshire, transporting: (1) Cement, from Houston, dale, Chambersburg, and Pittsburgh, Pa., New Jersey, New York, North Dakota, Tex., to points in Alabama, Florida, and and Henderson, N.C., to the distribution Ohio, Pennsylvania, Rhode Island, South Georgia; (2) ground clay, in bulk, in tank facility of Heinz U.S.A., located at Green­ Dakota, Vermont, Virginia, West Vir­ vehicles, from the plantsite of Morton ville, S.C.; and (2) from the distribution.

FEDERAL REGISTER, VOL. 38, NO . 192— THURSDAY, OCTOBER 4, 1973 27568 NOTICES

facility of Heinz U.S.A, at Greenville, hearing is deemed necessary, applicant re­ man D. Smith Company ; and (2) maga­ S.C., to points in Alabama, Georgia, Mis­ quests it be held at Washington, D.C., or zines and advertising matter shipped sissippi, Tennessee, and New Orleans, Buffalo, N.Y. with magazines, from Woodbridge, N.J., Louisiana, commercial zone, restricted to No. MC 123405 (Sub-No, 33), filed to Baltimore, Md., and the District of traffic originating at and destined to August 8, 1973. Applicant: FOOD Columbia, under contract with Norman points in the above-named States. TRANSPORT, INC., P.O. BOX 1041, York, D. Smith Company. Note.—Applicant states that the requested Pa. 17405. Applicant’s representative: Note.—The purposes of this republication authority cannot be tacked with its existing Christian V. Graf, 407 North Front are to: (1) Include Baltimore, Md., and the auhority. If a hearing is deemed necessary, Street, Harrisburg, Pa. 17101. Authority District of Columbia, in the destination areas applicant requests it be held at Washington, sought to operate as a common carrier, described in (1) above; (2) add Norman D. D.C., or Pittsburgh, Pa. by motor vehicle, over irregular routes, Smith as an additional contracting shipper to the authority described in (1) aJbove; and No. MC 120648 (Sub-No. 3), filed transporting: Canned and preserved (3) extend the authority requested to in­ July 9, 1973. Applicant: SUTHERLAND foodstuffs, (1) from the plant or ware­ clude Part 2. If a hearing is deemed neces­ TRANSPORTATION CORP., 100 All- house facilities of Heinz, U.S.A. located at sary, applicant requests it be held at New wood Avenue, Central Islip, N.Y. 11722. Holland, Mich.; Iowa City and Musca­ York, N.Y. Applicant’s representative: John P. Ty­ tine, Iowa; Salem, N.J.; Bowling Green and Fremont, Ohio; and Mechanicsburg, No. MC 124078 (Sub-No. 554), filed nan, Esq., 65-12 69th Place, Middle Vil­ June 25, 1973. Applicant: SCHWERMAN lage, N.Y. 11379. Authority sought to Chambersburg, Leetsdale, and Pitts­ burgh, Pa., to the distribution facility of TRUCKING CO., a corporation, 611 operate as a common carrier, by motor South 28 Street, Milwaukee, Wis. 53246. vehicle, over irregular routes, transport­ Heinz U.S.A., located at Greenville, S.C.; and (2) from the distribution facility of Applicant’s representative: Richard H. ing: General commodities (except classes Prevette (same address as applicant). A and B explosives, articles of unusual Heinz U.S.A. located at Greenville, S.C., to points in Alabama, Georgia, Missis-, Authority sought to operate as a common value, commodities in bulk, and those re­ carrier, by motor vehicle, over irregular quiring special equipment), (1) between sippi, Tennessee, and the New Orleans, La., commercial zone, restricted in (1) routes, transporting: (1) Foundry core New York, N.Y., and the terminal facili­ compounds, liquid, in bulk, from Mil­ ties of: (a) Acme Fast Freight, Inc. at and (2) above, to traffic originating at and destined to the above-named points. waukee, wis., to Birmingham, Ala., and North Bergen, N.J.; (b) P. Callahan, Inc., New Orleans, La.; (2) furfural alcohol, in at Jersey City, N.J.; (c) Eastern Freight- Note.— Common control may be involved. bulk, from Memphis, Tenn., to Milwau­ ways, Inc., at Carlstadt, N.J.; and (d) Applicant states-that the requested authority kee, Wis.; and (3) chemicals in bulk, Landsdale Transportation Co., Inc., at cannot be tacked with its existing authority. from Houston, Tex., to Milwaukee, Wis. Carlstadt, N.J., for interchange of freight If a hearing is deemed necessary, applicant requests it be held at Washington, D.C., or Note.—Applicant holds contract carrier au­ traffic only, and (2) between New York, Pittsburgh, Pa. thority under MC 113832 Sub 68, therefore N.Y., on the one hand, and, on the other, dual operations may be involved. Common all points in Nassau and Suffolk Counties, No. MC 123407 (Sub-No. 134), filed control may also be involved. Applicant states N.Y. July 19, 1973. Applicant: SAWYER that the requested authority can be tacked i Note.—Common control may be involved. TRANSPORT, INC., South Haven at Milwaukee and West Allis, Wis., to serve Applicant seeks to convert its Certificate of Square, U.S. Highway 6, Valparaiso, Ind. points in Iowa, Minnesota, Illinois, Upper Registration in MC 120648 (Sub-No. 1) into 46383. Applicant’s representative: Robert and Norway, Mich. Applicant has no present a Certificate of Public Convenience and Ne­ W. Sawyer (same address as applicant). Intention to tack. Persons interested in the cessity. If a hearing is deemed necessary, Authority sought to operate as a common tacking possibilities are cautioned that fail­ applicant requests it be held at New York, ure to oppose the application may result in carrier, by motor vehicle, over irregular an unrestricted grant of authority. If a hear­ N.Y. routes, transporting: (1) General com­ ing is deemed necessary, applicant requests j No. MC 123048 (Sub-No. 270) (clari­ modities in containers and (2) em pty it be held at Milwaukee, Wis., or Chicago, 111. fication) , filed July 5, 1973, published in containers, between points in the United States (except Alaska and Hawaii). No. MC 125708 (Sub-No. 132), filed the Federal R egister issue August 9, and August 10, 1973. Applicant: THUNDER- republished as clarified, this issue. Ap­ Note.—Common control may be involved. BIRD MOTOR FREIGHT LINES, INC., plicant: DIAMOND, TRANSPORTATION Applicant states that the requested authority Highway 32 East, Crawfordsville, Ind. SYSTEM, INC., 1919 Hamilton Avenue, cannot be tacked to provide any additional- 47933. Applicant’s representative: Don­ Racine, Wis. 53401. Applicant’s repre­ new service. If a hearing is deemed necessary, applicant does not specify a location. ald W. Smith, 900 Circle Tower Building, sentative: Paul C. Gartzke, 121 West Indianapolis, Ind. 46204. Authority Doty Street, Madison, Wis.. 53703. Au­ No. MC 123778 (Sub-No. 19) (amend­ sought to operate as a common carrier, thority sought to operate as a common ment), filed July 11, 1973, published in by motor vehicle, over irregular routes, carrier, by motor vehicle, over irregular the F ederal R egister issue of August 9, transporting: Knocked down steel build­ routes, transporting: (1) Air condition­ 1973, and republished as amended, this ings and iron and steel articles, from ing, heat transfer and refrigeration issue. Applicant: JALT CORP., doing Portland, Tenn., to points in Alabama, equipment and blowers and (2) attach­ business as UNITED NEWSPAPER DE­ Arkansas, Illinois, Indiana, Iowa, Ken­ ments and parts for the commodities LIVERY SERVICE, 75 Cutters Lane., tucky, Michigan, Minnesota., Missouri, named in (1) above, from Buffalo, N.Y., Woodbridge, N.J. 07095. Applicant’s rep­ Ohio, Pennsylvania, and Wisconsin, re­ to Ports of Entry on the international resentative: Morton E. Kiel, Suite 6193, stricted to traffic originating at Portland, boundary line between the United States 5 World Trade Center, New York, N.Y. Tenn., and destined to the above-named and Canada, at Buffalo and Niagara 10048. Authority sought to operate as a destination states. Falls, N.Y., and to points in Arizona, Cal­ contract carrier, by motor vehicle, over Note.—Applicant states that the requested ifornia, Colorado, Idaho, Illinois, Indi­ irregular routes, transporting: Nevus- authority cannot be tacked with its exist­ ana, Iowa, Kansas, Kentucky, Michigan, papers (otherwise exempt from ing authority. If a hearing is deemed neces­ Minnesota, Missouri, Montana, Nebras­ economic regulations under Section sary, applicant does not specify a location. 203(b) (7) of the Act) when trans­ ka, Nevada, New Mexico, North Dakota, No. MC 126038 (Sub-No. 11), filed Au­ Ohio, Oklahoma, Oregon, South Dakota, ported in the same vehicle with a regulated commodity, from Wood- gust 17, 1973. Applicant:, PENINSULA Texas, Utah, Washington, Wisconsin, bridge, N.J., to Wilmington, Del., PRODUCTS, INC., Route 1, Box 143, and Wyoming. Baltimore, Md., the District of Columbia, Scappoose, Oreg. 97056. Applicant’s rep­ resentative: David C. White, 2400 South­ Note.—The purpose of this republication and points in New Jersey and Connecti-. is to indicate that applicant seeks to trans­ cut, and those in that part of Pennsyl­ west Fourth Avenue, Portland, Oreg. port attachments and parts in either sepa­ vania on and east of U.S. Highway 15, 97201. Authority sought to operate as a rate or combined movements with the com­ and those in New York on and east of contract carrier, by motor vehicle, over modities described in (1) above. Applicant irregular routes, transporting: Wooden states that the requested authority cannot New York Highway 14, under contract be tacked with its existing authority. If a with Midnight Publishing Corp. and Nor­ shakes and shingles, from points in

FEDERAL REGISTER, VOL. 38, NO, 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27569

Clallam, Jefferson, Grays Harbor, and routes, transporting: (1) Acids (except Note.—If a hearing is deemed necessary, Snohomish Counties, Wash., to points in in bulk), from Port Newark, N.J., to Ash­ applicant requests it be held at San Fran­ California, under contract with Wesco tabula, Ohio; and Lafayette, Ind.; (2) cisco, Calif., or Los Angeles, Calif. Cedar, Inc., located at Eugene, Oreg. Coal tar dyes (except in bulk), (a) from No. MC 133133 (Sub-No. 7), filed Au­ Note.—If a hearing is deemed necessary, Coventry, R.I.; and Elizabethport, Port gust 8, 1973. Applicant: FULLER MO­ applicant does not specify a location. Newark, Bayonne, Murray Hill, and TOR DELIVERY CO., a corporation, 802 Branchburg, N.J., to Akron, Ohio; Elk No. MC 126585 (Sub-No. 6), filed Puum Street, Cincinnati, Ohio 45202. Ap­ Grove Village, and Chicago, 111.; St. Louis, plicant’s representative: David A. Cald­ August 14, 1973. Applicant: L. BRETON Mo.; Texas City and Kennedy, Tex.; and TRANSPORT, LTD., Lime Ridge, Que­ well, 900 Tri-State Building, Cincinnati, North Hollywood, Calif.; (b) from Port Ohio 45202. Authority sought to operate bec, Canada. Applicant’s representative: Newark and Elizabethport, N.J., to Cov­ Edwin W. Free, Jr., P.O. Box 892, Barre, as a common carrier, by motor vehicle, entry, R.I., and (c) from Coventry, R.I., over irregular routes, transporting: Salt, Vt. 05641. Authority sought to operate to Port Newark and Bayonne, N.J.; (3) as a contract carrier, by motor vehicle, (1) from points in Hamilton County, dye intermediates (except in bulk), (a) Ohio, to points in Hlinois, Indiana, Ken­ over irregular routes, transporting: Lime, from Port Newark, Bayonne, Murray in bulk and bags, from ports of entry tucky, Pennsylvania, West Virginia, Vir­ Hill, Branchburg, and Elizabethport, ginia, and the lower peninsula of Michi­ on the international boundary line be­ N.J., to North Hollywood, Calif.; (b) from tween the United States and Canada lo­ gan, and (2) from Chicago, HI., to points Murray Hill, Branchburg, and Port New­ in Indiana, Ohio, and Michigan. cated at points in Maine, New Hamp­ ark, N.J., to Elk Grove Village and Chi­ Note.—Applicant holds contract carrier shire, and Vermont, to points in Con­ cago, .; (c) from Port Newark and necticut, New Jersey, New York, and 111 authority in MC 74857 (Sub-No. 6), there­ Elizabethport, N.J., to Coventry, R.I.; and fore, dual operations may be involved. Ap­ Rhode Island, under contract with Do­ (d) from Coventry, R.I., to Port Newark plicant states that the requested authority minion Lime Ltd., located at Lime Ridge, and Bayonne, N.J.; (4) chemicals (ex­ cannot be tacked with its existing authority. Quebec, Canada. cept in bulk), (a) from Coventry, R.I.; If a hearing is deemed necessary, applicant Note.—If a hearing is deemed necessary, Port Newark, Bayonne, Murray Hill, and requests it be held at Columbus, Ohio, or applicant requests it be held at either Burl­ Branchburg, N.J.; and Delaware City, Lexington, Ky. ington or Montpelier, Vt. Del., to Chicago and Elk Grove Village, No. MC 133419 (Sub-No. 7) (Correc­ No. MC 127848 (Sub-No. 6), filed July 111.; Texas City and Kennedy, Tex.; and tion) , filed May 14,1973, published in the 26, 1973. Applicant: WAYNE W. SELL North Hollywood, Los Angeles, and San F e d e r a l R e g is t e r issue of July 6, 1973, CORP., 236 Winfield Road, Sarver, Pa. Leandro, Calif.; (b) from North Holly­ and republished, as corrected, this issue. 16055. Applicant’s representative: Je­ wood, Calif., to Denver, Colo.; Elk Grove Applicant: WILLIAM PFOHL TRUCK­ rome Solomon, 3131 United States Steel Village, 111.; and Bayonne and Port New­ ING CORP., 83 Pfohl Road, Cheekto- Building, Pittsburgh, Pa. 15219. Author­ ark, N.J.; (c) from Port Newark and waga, N.Y. 14225. Applicant’s represent­ ity sought to operate as a common car­ Elizabethport, N.J., to Coventry, R.I.; ative: Edward B. Murphy, 1103 Liberty rier, by motor vehicle, over irregular and (d) from Coventry, R.I., to Port Bank Building, Buffalo, N.Y. 14202. Au­ routes, transporting: Lime, in tank ve­ Newark and Bayonne, N.J.; (5) plastics thority sought to operate as a common hicles, from points in 'Ohio, West Vir­ and plastic film or sheeting (except in carrier, by motor vehicle, over irregular ginia, New York, and Virginia, to Branch- bulk), (a) from Coventry, R.I.; Port routes, transporting: Salt, in dump ve­ ton (Butler County), Pa. Newark, Bayonne, Murray Hill, and hicles, fom Port of Buffalo (Erie County), Branchburg, N.J.; and Delaware City, N.Y., to (1) Foster Township, (2) City Note.—Applicant states that the requested authority cannot be tacked with its exist­ Del., to Menasha and New London, Wis.; of Bradford, and (3) Bradford Town­ ing authority. If a hearing is deemed neces­ Des Moines, Iowa; Rockford, Elk Grove ship (McKean County), Pa., and points sary, applicant requests it be held at Pitts­ Village, and Chicago, HI.; and North in McKean, Warren, Erie, Venango, Pot­ burgh, Pa. Hollywood, Los Angeles, Visalia, and San ter, Elk, and Cameron Counties, Pa. Leandro, Calif.; and (b) from North No. MC 128515 (Sub-No. 3), filed Au­ Note.—The purpose of this republication gust 17,1973. Applicant: PAUL’S HAUL­ Hollywood, Calif, to Delaware City, Del.; is to redescribe the origin territory of appli­ ING, LTD., 272 Oak Point Road, Winni­ (6) W ax (except in bulk), from Bridge­ cation. Applicant states that the requested port, Pa., and Gulfport, Miss., to Bridge­ authority cannot be tacked with its existing peg, Manitoba, Canada. Applicant’s rep­ port, Pa.; Chicago and Elk Grove Village, authority. If a hearing is deemed necessary, resentative: ^Daniel C. Sullivan, 327 S. 111.; Oklahoma City, Okla.; McPherson, applicant rectuests it be held at Buffalo, N.Y. LaSalle Street, Chicago, HI. 60604. Au­ thority sought to operate as a common Kans.; San Francisco and North Holly­ No. MC 134599 (Sub-No. 88), filed Au­ wood and Los Angeles, Calif.; (7) print­ gust 10, 1973. Applicant: INTERSTATE carrier, by motor vehicle, over irregular ing plates, from Cpventry, R.I.; Port routes, transporting: Commodities, in CONTRACT CARRIER CORP., P.O. Box bulk, between the ports of entry on the Newark, Bayonne, Murray Hill, and 748, Salt Lake City, Utah 84110. Appli­ international boundary line between the Branchburg, N.J.; and Delaware City, cant’s representative: Richard A. Peter­ United States and Canada, in Minnesota Del., to Chicago and Elk Grove Village, son, P.O. Box 81849, Lincoln, Nebr. and North Dakota, on the one hand, and, HI.; North Hollywood, Los Angeles, and 68501. Authority sought to operate as a on the other, points in North Dakota, San Leandro, Calif.; (8) Cornstarch (ex­ contract carrier, by motor vehicle, over South Dakota, Minnesota, Illinois, Wis­ cept in bulk), from Decatur, HI., to Som­ irregular routes, transporting: Magnetic consin, Iowa, Montana, Idaho, Washing­ erville, N.J.; (9) Food preservatives recording tape, in cassettes or reels, from ton, and the upper peninsula of Michi­ (except in bulk), (a) from Coventry, City of Industry, Calif., to points in the gan, restricted to' the transportation of R.I.; and Port Newark, Bayonne, Murray United States (except Alaska, California, traffic moving in foreign commerce. Hill, Branchburg, and Elizabethport, Hawaii, Montana, and Wyoming), under N.J., to North Hollywood, Calif.; (b) continuing contract with Mattel, Inc. Note.—Applicant states that the requested from Port Newark and Elizabethport, authority cannot be tacked with its existing Note.—If a hearing is deemed necessary, N.J., to Coventry, R.I.; and (c) from applicant requests it be held at Lincoln, authority. If a hearing is deemed necessary, Coventry, R.I., to Port Newark and Bay­ applicant requests it be held at Minneapolis, Nebr. or Salt Lake City, Utah. Minn. onne, N.J.; (10) reproduction paper, (a) from Murray Hill, Branchburg, and Port No. MC 134631 (Sub-No. 18), filed Au­ No. MC 129510 (Sub-No. 7), filed July Newark, N.J., to Elk Grove Village and gust 20, 1973. Applicant: SCHULTZ 17, 1973. Applicant: ENGLUND EQUIP­ Chicago, HI.; and (b) from Murray Hill TRANSIT, INC., 323 East Bridge Street, P.O. Box 406, Winona, Minn. 55987. Ap­ MENT CO., 740 Old Stage Road, Salinas, and Branchburg, N.J.; and Delaware Calif. 93901. Applicant's representative: plicant’s representative: Eugene A. John Paul Fischer, 140 Montgomery City, Del., to Los Angeles and San Lean­ Schultz (same address as api>]jeant). Street, San Francisco, Calif. 94104. Au­ dro, Calif., under a continuing contract Authority sought to operate as a con­ thority sought to operate as a contract or contracts with American Hoechst tract carrier, by motor vehicle, over carrier, by motor vehicle, over irregular Corp. and its affiliates. irregular routes, transporting: Radio,

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27570 NOTICES phonograph, television, and stereo cabi­ N ote.—If a hearing is deemed necessary, plicant requests it be held at Omaha, Nebr., nets, record changer bases, and special applicant requests it be held at San Fran­ or Minneapolis, Minn. boxes, with or without mechanisms, from cisco, Calif. No. MC 138461 (Sub-No. 1), filed July Red Wing and Winona, Minn., and their No. MC 136512 (Sub-No. 3), filed Au­ 9, 1973. Applicant: YUCCA MOVING & respective commercial zones, to Seattle, gust 13, 1973. Applicant: SPACE CAR­ STORAGE CO., a Corporation, 720 West Wash., and Jessup, Md., and their re­ RIERS, INC., 444 Lafayette Road, St. Organ Street, Las Cruces, N. Mex. 88001. spective commercial zones, and points Paul, Minn. 55101. Applicant’s represent­ Applicant’s representative: Alan F. in Massachusetts, under contract with ative: William S. Rosen, 630 Osborn Wohlstetter, 1700 K Street NW., Wash­ Winona Industrial Sales Corp. Building, St. Paul, Minn. 55102. Author­ ington, D.C. 20006. Authority sought to operate as a common carrier, by motor Note.—Dual operations may be involved. ity sought to operate as a common car­ If a hearing is deemed necessary, applicant rier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ requests it be held at Minneapolis, Minn., routes, transporting: General commodi­ ing: Used household goods, as defined by or Washington, D.C. ties (except those of unusual value, the Commission, between points in Hi­ dalgo, Grant, Luna, Sierra, Dona Ana, No. MC 134806 (Sub-No. 15), filed Au­ classes A and B explosives, household goods as defined by the Commission, and Otero Counties, N. Mex., restricted to gust 20,1973. Applicant: B-D-R TRANS­ the transportation of traffic having a PORT, INC., P.O. Box 813, Brattleboro, commodities in bulk, and those requiring special equipment because of size or prior or subsequent movement beyond Vt. Applicant’s representative: Francis said points, in containers, and further J. Ortman, 1100 17th Street NW., Suite weight), from St. Cloud, Minn., to Los Angeles and Oakland, Calif.; Denver, restricted to the performance of pickup 613, Washington, D.C. 20036. Authority and delivery service in connection with sought to operate as a contract carrier, Colo.; Wichita, Kans.; St. Louis, Mo.; Omaha, Nebr.; Dallas, Tex., and Seattle, packing, crating, and containerization or by motor vehicle, over irregular routes, unpacking, uncrating, or decontaineriza­ transporting: (1) Footwear and such Wash., restricted to the transportation commodities as are dealt in by retailers for a bill of lading wherein Fingerhut tion of such traffic. of ski equipment and tennis equipment, Corporation is the shipper and the traffic Note.—If a hearing is deemed necessary, between the plantsite and warehouse fa­ is destined to post offices for immediately applicant requests it be held at Las Cruces, cilities of Head Ski Division of AMP subsequent movement by U.S. mail. or Albuquerque, N. Mex. Incorporated located in Boulder County, Note.—Common control may be involved. No. MC 138552 (Sub-No. 2) (Correc­ Colo., on the one hand, and, on the other, Applicant states that the requested author­ tion) , filed July 9, 1973, published in the ity can be tacked at Brownwood, Tex., and Salt Lake City, Utah; Reno, Nev.; Buf­ F e d e r a l R e g is t e r issue of August 30, Columbia, Mo., to provide a through service falo, N.Y.; Springfield, Mass.; Talcott- from St. Cloud, Minn., to Springfield, Nev., 1973, and republished, as corrected, this ville, Conn., and Cranbury, N.J., and (2) and Weatherford, Okla. If a hearing is issue. Applicant: MILTON McCOMBS, such commodities as are dealt in by re­ deemed necessary, applicant requests it be JR., 2006 North Central Avenue, Tifton, tailers of tennis equipment, from Cran­ held at St. Paul, Minn. Ga. 31794. Applicant’s representative: bury, N.J., to Talcottville, Conn., under Ronald D. Peterson, 1729 Gulf Life contract with Head Ski Division, AMF No. MC 138018 (Sub-No. 4), filed Au­ Tower, Jacksonville, Fla. 32207. Authority Incorporated. gust 15, 1973. Applicant: REFRIGER­ sought to operate as a common carrier, ATED FOODS, INC., 3200 Blake Street, Note.—If a hearing is deemed necessary, by motor vehicle, over irregular routes, P.O. Box 1018, Denver, Colo. 80201. Ap­ transporting: Gypsum (calcium sulfate), applicant requests it be held at Denver, plicant’s representative: Truman A. Colo, or Boston, Mass. in bulk, in dump vehicles, from points in Stockton, Jr., The 1650 Grant Street Florida to points in Alabama and No. MC 136021 (Sub-No. 4), filed Building, Denver, Colo. 80203. Authority Georgia. July 12, 1973. Applicant: MUN COR, sought to operate as a common carrier, INC., Rural Delivery No. 1, Box 293A, by motor vehicle, over irregular routes, Note.—The purpose of this republication is to correctly describe the commodity to be Conemaugh, Pa. 15909. Applicant’s rep­ transporting: (1) Meats, meat products, transported, and to denote that the trans­ resentative: J. Lee Miller, 400 Porter meat byproducts, dairy products and portation of the commodity is in bulk, in Building, Pittsburgh, Pa. 15219. Author­ articles distributed by meat packing­ dump vehicles. If a hearing is deemed nec­ ity sought to operate as a contract car­ houses, as described in Sections A, B and essary, applicant requests it be held at Jack­ rier, by motor vehicle, over irregular C of Appendix I to the report in Descrip­ sonville, Fla. routes, transporting: Hydraulic oils, tions in Motor Carrier Certificated, 61 No. MC 138756 (Sub-No. 2), filed Au­ mine gear lubricants, and mine grease M.C.C. 209 and 766 (except hides and gust 20, 1973. Applicant: DUBLIN FAST lubricants, in bulk, in tank vehicles, from commodities in bulk), from Wagner, FREIGHT, INC., Dublin Court, P.O. Box (1) Sewaren, N.J., and Buffalo, N.Y., to S. Dak., to points in Arizona, California, 2255, Dublin, Calif. 94566. Applicant’s Mundy’s Comer, Pa., (2) Mundy’s Cor­ Colorado, Idaho, Illinois, Iowa, Kansas, representative: Daniel W. Baker, 100 ner, Pa., to Bayard and Thomas, W. Va., Minnesota, Missouri, Montana, Nebraska, Pine Street, Suite 2550, San Francisco, and (3) West Brownsville, Pa., to points Nevada, New Mexico, Oregon, Utah, Calif. 94111. Authority sought to operate in Ohio and Pennsylvania, under con­ Washington, Wisconsin, and Wyoming; a common carrier, by motor vehicle, over tract with Service Processing Company. and <2) (a) meats, meat products and irregular routes, transporting: General Note.—If a hearing is deemed necessary, meat byproducts, as described in (1) commodities (except those of unusual applicant requests it be Held at Pittsburgh, above (except hides and commodities in value, classes A and B explosives, house­ Pa. bulk), and (b) materials, supplies, and hold goods as defined by the Commission, No. MC 136480 (Sub-No. 1), filed Au­ equipment used by meat packers in the commodities in bulk, and commodities gust 22, 1973. Applicant: RUSSELL conduct of their business, from points in requiring special equipment), from San PARSONS, Rural Delivery No. 4, Dallas, Arizona, California, Colorado, Idaho, Francisco and Oakland, Calif., to Dublin, Pa. 18612. Applicant’s representative: Illinois, Iowa, Kansas, Minnesota, Mis­ Calif. Kenneth R. Davis, 999 Union Street, souri, Montana, Nebraska, Nevada, New Note.—If a hearing is deemed necessary, Taylor, Pa. 18517. Authority sought to Mexico, Oregon, Utah, Washington, Wis­ applicant requests it be held at San Fran­ operate as a common carrier, by motor consin, and Wyoming, to Wagner, cisco, Calif. vehicle, over irregular routes, transport­ S. Dak., restricted in (1) and (2) above, No. MC 138792 (Sub-No. 1), filed Au­ ing: Wax candles, foodstuffs, and wine, to traffic destined to the named destina­ gust 8, 1973. Applicant: D. J. VISKOE from Bridgeton, East Rutherford, Eliza­ TRUCKING, INC., Gemmell, Minn. beth, Farmingdale, and Vineland, N.J.; tion points. 56643. Applicant’s representative: F. H. Long Island City, Maspeth, Newburgh, Note.—Applicant states that the requested Kroeger, 2288 University Avenue, St. New York, and Penn Yan, N.Y., and La authority cannot be tacked with its existing Paul, Minn. 55114. Authority sought to authority. Applicant also holds contract car­ Grange, HI., to Los Angeles and South rier authority in MC 124377 and subs there­ operate as a common carrier, by motor San Francisco, Calif.; Portland, Oreg., under, therefore dual operations may be in­ vehicle, over Irregular routes, transport­ and Seattle, Wash. volved. If a hearing is deemed necessary, ap­ ing: Fence panels, pickets, posts and

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 NOTICES 27571

rails, and shingles, (1) from Northome, Authority sought to operate as a common by motor vehicle, over irregular routes, Minn., to points in Alabama, Arizona, carrier, by motor vehicle, over irregular transporting: Wrecked, disabled, and Arkansas, Colorado, Georgia, Illinois, routes, transporting: General commodi­ repossessed motor vehicles and trailers Indiana, Iowa, Kansas, Kentucky, Lou­ ties (except bulk household goods) hav­ and replacements therefor; requiring the isiana, Mississippi, Missouri, Nebraska, ing prior or subsequent movement by air, use of wrecker equipment, between points New Mexico, North Carolina, North Da­ between points in Winnebago, Ogle, in Georgia on the one hand, and, on the kota, Tennessee, Texas, Utah, and Wyo­ McHenry, Boone, Stephenson Counties, other, points in Minnesota, Iowa, Mis­ ming, (2) from Little Fork, Minn., to HI., and Rock County, Wis., on the one souri, Arkansas, Louisiana, Mississippi, Chicago, 111., commercial zone, Denver, hand, and, on the other, O’Hare Field, Tennessee, Kentucky, Hlinois, Wiscon­ Colo., commercial zone, Grand Island Chicago, 111. sin, Michigan, Indiana, Alabama, and Lincoln, Nebr., Oklahoma City, Note.—If<*a hearing is deemed necessary, Florida, South Carolina, North Caro­ Okla., commercial zone, St. Louis, Mo., applicant requests it be held at Chicago, 111. lina, Virginia, West Virginia, Ohio, commercial zone, Sioux Falls, S. Dak., New York, Vermont, New Hampshire, and Wichita, Kans., and (3) from the No. MC 139020 (Sub-No. 2), filed Maine, Massachusetts, Connecticut, facilities of Allied Fence Co., located at August 20, 1973. Applicant: MONTGOM­ Rhode Island, Pennsylvania, New Jersey, Tulsa, Okla., to points in Arizona, Colo­ ERY G. DUKES, Route 2, Eden, Md. Maryland, Texas, Oklahoma, Kansas, rado, New Mexico, and Texas. 21822. Applicant’s representative: Daniel Delaware, and the District of Columbia. B. Johnson, 716 Perpetual Building, 1111 Note.—If a hearing is deemed necessary E. Street NW., Washington, D.C. 20004.. Note.—If a hearing is deemed necessary, applicant requests it be held at Duluth or applicant requests it be held at Atlanta, Ga., Minneapolis, Minn. Authority sought to operate as a contract carrier, by motor vehicle, over irregular or Washington, D.C. No. MC 138902 (Sub-No. 2) (correc­ routes, transporting: Feed, feed ingredi­ A p p l i c a t i o n (s) f o r F i l i n g B r o k e r a g e tion) , filed July 5, 1973, previously pub­ ents, animal care products, and garden L ic e n s e s lished in the F e d e r a l R e g is t e r issue of supplies (except in bulk, in tank vehi­ September 7, 1973, and republished this cles), (1) from points in Maryland, No. MC 12763 (Sub-No. 2), filed July 23, issue. Applicant: ERB TRANSPORTA­ Pennsylvania, Virginia, and the District 1973. Applicant: UNIVERSAL TRAVEL TION CO., INC., P.O. Box 65, Crozet, Va. of Columbia, to Delmar, Del.; and (2) AGENCY, INC., 540 Audubon Building, 22932. Applicant’s representative: Harry from Delmar, Del., to points in Delaware, 931 Canal Street, New Orleans, La. 70112. C. Ames, Jr., 666 11th Street NW„ Wash­ Maryland, and Virginia east of the Applicant’s representative: Charles J. ington, D.C. 20001. Authority sought to Chesapeake Bay and south of the Chesa­ Williams, 47 Lincoln Park, Newark, N.J. operate as a common carrier, by motor peake and Delaware Canal, under con­ 07102. Authority sought to engage in vehicle, over irregular routes, transport­ tract with Red-White Mills, Inc., located operation, in interstate or foreign com­ ing: Frozen foods, between Crozet, Va., at Delmar, Del. merce, as a broker at New Orleans, La., on the one hand, and, on the other, to sell or offer to sell the transportation Note.—If a hearing is deemed necessary, points in Kentucky, Maryland, North of passengers and their baggage, in spe­ applicant requests it be held at Washington, cial and charter operations, between Carolina, Pennsylvania, Virginia, West D.C. ' Virginia, and the District of Columbia. points in the United States, including No. MC 139044 (Sub-No. 1), filed Alaska and Hawaii, restricted to pas­ Note.—The purpose of this republication August 29, 1973. Applicant: DALLAS sengers having a prior movement by air. is to indicate the correct Docket No. as MC 138903 (Sub-No. 2) in lieu of MC 138974 as TOWING SERVICE, INC., 2308 South Note.—If a hearing Is deemed necessary, previously published. The rest of the notice Kentucky, Evansville, Ind. 47714. Appli­ applicant requests it be held at New Orleans, remains as originally published. If a hearing cant’s representative: Warren C. Mober- La. is deemed necessary, applicant requests it be ly, 777 Chamber of Commerce Building, held at Washington, D.C. Indianapolis, Ind. 46204. Authority No. MC 130210, filed August 22, 1973. Applicant: GATEWAY TRAVEL SERV­ No. MC 138976 (amendment), filed sought to operate as a common carrier, * by motor vehicle, over irregular routes, ICE, INC., 29 Thompson Street, Win­ July 2, 1973, published in the F e d e r a l transporting: Wrecked and disabled chester, Mass. 01890. Applicant’s repre­ R e g is t e r issue, September 7, 1973 and vehicles and replacement vehicles, in sentative: George H. Littel, Jr., 29 republished this issue. Applicant: FRED wrecker service, between points in Ken­ Thompson Street, Winchester, Mass. E. FARRIS, Faucett, Mo. 64448. Appli­ tucky, Indiana, Hlinois, Arkansas, Ohio, 01890. Authority sought to engage in cant’s representative: Patrick E. Quinn, Tennessee, and Missouri. operation, in interstate or foreign com­ 605 South 14th Street, P.O. Box 82028, merce, as a broker at Winchester, Mass, Lincoln, Nebr. 68501. Authority sought to Note.— Applicant states that the requested to sell or offer to sell the transportation operate as a contract carrier, by motor authority cannot be tacked with its existing authority. If a hearing is deemed necessary, of passengers and their baggage in spe­ vehicle, over irregular routes, transport­ applicant requests it be held at Indianapolis, cial or charter operations from Win­ ing: (1) Pulpboard, flbreboard, pulpboard Ind., or Washington, D.C. chester, Stoneham, Melrose, Woburn, and flbreboard products, and supplies Lexington, Arlington, Wakefield, Read­ used in the manufacture and processing No. MC 139056, filed August 16, 1973. ing, Burlington, and Malden, Mass., to thereof, from the plantsite of Hoerner- Applicant: WAYNE AYCOCK TRUCK­ points in the United States (except Waldorf Corp. at St. Joseph, Mo., to ING, INC., Route 2, Box 84, Pikeville, Alaska and Hawaii). points in Nebraska, Kansas, and Iowa; N.C. 27863. Applicant’s representative: H. Martin Lancaster, P.O. Box 916, Note.—If a hearing is deemed necessary, and (2) materials and supplies used in applicant requests it be held at JBoston, the manufacturing and processing of Goldsboro, N.C. 27530. Authority sought Mass. pulpboard, flbreboard, and pulpboard to operate as a common carrier, by motor and flbreboard products from points in vehicle, over irregular routes, transport­ A p p l i c a t i o n (S) f o r F i l i n g W a t e r Nebraska, Kansas, and Iowa to the plant- ing: Talc and clay, from points in New C a r r ie r site of Hoerner-Waldorf Corp. at St. Jo­ York, Kentucky, and Tennessee, to points No. W-381 (Sub-No. 18), filed Au­ seph, Mo., under a continuing contract in North Carolina. gust 13, 1973. Applicant: FEDERAL or contracts with Hoerner-Waldorf Corp. Note.— If a hearing is deemed necessary, BARGE LINES, INC., 611 East Marceau Note.—The purpose of this republicatlon applicant requests it be held at either Raleigh Street, St. Louis, Mo. 63111. Applicant’s is to add part (2) above. If a hearing is or Wilmington, N.C. representative: Richard J. Hardy, 425 deemed necessary, applicant requests it be No. MC 139060, filed August 10, Thirteenth Street NW., Washington, D.C. held at Kansas City, Mo. 1973. Applicant: THURMAN’S, INC., 20004. Authority sought to engage in op­ No. MC 138995 filed July 13, 1973. Ap­ 1080 Northeast 4 Lane Highway, Mari­ eration, in interstate or foreign com­ plicant: S & M CARTAGE, INC., 6990 etta, Ga. 30062. Applicant’s representa­ merce as a common carrier by water in 11th Street, Rockford, HI. 61109. Appli­ the transportation of commodities gen­ tive: Ariel V. Conlin, 53 Sixth Street erally, and by towing vessels in the per­ cant’s representative: Angelo N. Gaziano, NE., Atlanta, Ga. 30308. Authority formance of general towage; (l)(a) be­ 322 Chestnut Street, Rockford, HI. 6110L sought to operate as a common carrier, tween ports and points along the Ohio

FEDERAL REGISTER, VOL. 38, N O . 192— THURSDAY, OCTOBER 4, 1973 27572 NOTICES

River below Pittsburgh, Pa., the Alle­ Stillwater, Minn., to its confluence with Note .—Common control may be Involved. the Mississippi River, (c) the Illinois Wa­ If a hearing is deemed necessary, applicant gheny River below Kittanning, Pa., the requests It be held at St. Louie, Mo. Monongahela River below Fairmont, W. terway, and Lake Michigan between Va., the Licking. River below Ryland Waukegan, HI., and Gary, Ind., inclu­ No. W-1269 Sub-No. 1, filed Sep­ Lakes, Ky., including all ports named; sive, (d) the Missouri River from Sioux tember 17, 1973. Applicant: JAMES O. (b) between ports and points along the City, Iowa, to its confluence with the LAFFERTY, LAWRENCE A. TONN, Tennessee River, and its tributaries, be­ Mississippi River, (e) the Gulf Intra- WAYNE R. BRYAN (a partnership), low Knoxville, Tenn., the Cumberland coastal Waterway from the Mississippi 1130 North Jantzen, Portland, Oreg. River and its tributaries below Carthage, River to Mobile, Ala., but not including 97217. Applicant’s representative: James Tenn., the Green River and its tributar­ traffic originating and terminating be­ O. Lafferty (same address as appli­ ies below its headwaters, the Hiwassee tween these points, (f) the Mobile, Tom- cant). Authority sought to engage in River below the head of navigation, in­ bigbee, Warrior, and Black Warrior Riv­ operation, in interstate or foreign com­ cluding all ports named; (c) between ers including the Locust and Mulberry merce as a common carrier by water in ports and points listed in (a) and (b); Forks of the Black Warrior River and the transportation of passengers in Com­ and (d) between ports and points listed Short Creek, including the ports named, mon Carrier and Charter Operations (1) in (a) and (b) on the one hand, and, on except as authorized in (1) above, (g) Between all ports and points along the the other, (2) St. Paul and Minneapolis, the Mississippi River-Gulf Outlet Chan­ Columbia River in Washington and Minn., St. Louis, Mo., Burlington and Du­ nel, and

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 FEDERAL REGISTER 27573

CUMULATIVE LISTS OF PARTS AFFECTED— OCTOBER

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 October.

1 CFR Page 18 CFR Page 33 CFR Page CFR checklist. 27211 2_____ 27351 P r o p o s e d R u l e s : 27414 3 CFR 19 CFR 117. Proclamations P r o p o s e d R u l e s : 35 CFR 4247-______27279 1______27399 105______27386 4 CFR 4______27399 119______27386 351___ - ______—______27507 6______27404 38 CFR 8______27399 5 CFR 12______27399 3______27353 213______27211, 27351, 27508, 27509 18______27399 P r o p o s e d R u l e s :. 531______: ______27509 19 ___ 27399 21______— 27228 20 ___ 6 CFR 27399 39 CFR 24______27399 150______27289, 27290, 27528 56______27399 P r o p o s e d R u l e s : 152___ 2—______27529 127______27399 132______27304 7 CFR 147______27399 40 CFR 2______— ______— 27281 175______27404 51______27286 56______27509 20 CFR 180 (3 documents) 27523,27524 220______27281 401______27282 P r o p o s e d R u l e s : 41 CFR 725______27355 410______27406 9-7______27287 728-______27211 416______27406, 27412 9-12______27392 811______27509 9-16______27288 850______27510 21 CFR 9-18____ ;______27392 863______27377 45______27353 9-51______27288 908— ______27212, 27511 135a______27353 14-7______27288 930______27512 146o— ______27353 60-10______27215 981______27381 273______27282 45 CFR 1207______27382 301______27516 1421______27212 P r o p o s e d R u l e s : P r o p o s e d R u l e s : 123______27223 Proposed Rules: 19______27299 235______27530 729______27530 273______27406 958______27405 46 CFR 9591_____ 27297 24 CFR 35____ 27354 966______27405 162___ 27354 445______27216 308____ 27524 9 CFR 1914 ______27216, 27217, 27387 310____ 1915 ______27217 27525 78------— ____ — - 27512 350____ 27525 P r o p o s e d R u l e s : Proposed Rules: P r o p o s e d R u l e s : 1710______27227 303------1______27298 160______27415 317—------27229 26 CFR 47 CFR 381------27229 301______— 27215 21______27218 12 CFR 23______27218, 27386 584______27212 28 CFR 73 ______27218 14 CFR 0______27285 74 ______27218 78______27218 39— ------' ______27382, 27513 29 CFR 87______27218 71------27292-27294, 27382, 27383, 27514 516—______27520 89______27218 73------27292-27294 780______27520 91______27218 139------27294 1952______27388 93______27218 261------27384 302------..„I ____ 27384 31 CFR P r o p o s e d R u l e s : 25______27228 Proposed Rules: 209______tl___ 27521 73-______27303 71------27300, 27301 73------27415 32 CFR 49 CFR 15 CFR 883_____ — ____ 27523 1033_____ — __ 27218, 27354 P r o p o s e d R u l e s : 377------1______27220 32A CFR 231______27302 16 CFR Ch. x m : 571______27227,27303 1001______27214 EPO Reg. 3______27397 1307______27228 1500------27514 P r o p o s e d R u l e s : 50 CFR 17 CFR Ch. VI: DMS Reg. 1 (including Reg. 1, 10— ______- 27387 240___ 27515 32 _____ 27219, 27289, 27526, 27527 249—------27515 Dirs. 1 and 2 )______27264 DPS Reg. 1______27264 33 ______27528 Proposed Rules: DPS Order 1______27270 P r o p o s e d R u l e s : 249------27531 DPS Order 2______27271 260______27405

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973 27574 FEDERAL REGISTER

FEDERAL REGISTER PAGES AND DATE— OCTOBER

Pages Date 27205-27272______.______Oct. 27273-27343______27345-27499______

27501-27574______^ U M H

FEDERAL REGISTER, VOL. 38, NO. 192— THURSDAY, OCTOBER 4, 1973

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LAWS AFFECTED TABLES FOR 1956-1970

V olumes 70-84 U nited States Statutes at Large

Lists all prior laws and other Federal instruments which were amended, repealed, or otherwise affected by the provisions of public laws enacted during the years 1956-1970. Includes index of popular name acts affected in Volumes 70-84 .

t 1 Price: $8.15 domestic postpaid; W & J f M 'U ^^î«rk î> WÊM $7.50 GPO Bookstore Compiled by Office of the Federal Register» National Archives and Records Service, ¡ ¡ ¡ ¡ g /"■'‘fir' General Services Administration i g s p j? * 3 S ' K . ’ . • ' ■ Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 ' f | 1 I ' m ' ...... J