3210K

3210B

3210A 3257 3235 3224 3224 3224 .. .. 3218 ...... 3256 . 3238 i . —...... 3219 ......

...... 3225 ...... 3225 ...... '......

...... L ......

...... 3256

......

3236 ...... documents); comments 2-19-75.by .. 3275 ...... (3 2-7-75 2-6 thru 2-8-75...... 2-7-75 3257 2-11, 2-13, and 2 -2 5 -7 5 ...... Test Equipment," and 2—13 2-14-75 poses and other recordkeeping labeling, require­ ments ARD— CPSC issues policy statement and pro­ Delivery Delivery Programs; comments by 3-21-75..... Instructional Instructional Scientific Equipment Subpanel, Program Black Population for the 1980 Census, 2-27 and source products; comments by 3-21-75 Advisory Advisory Panel for Regulatory Biology, 2-6 and Advisory Advisory Panel for Metabolic Biology, 2-6 and Advisory Advisory Panel for 2-6 Neurobiology, and 2-7-75.... 3257 Telegraph Telegraph and Téléphoné Consultative Committee, Defense Science Board Task Force on “Electronic Panel, 2-6-75 2-28-75 2-10-75 StudyGroup 1, 2-13-75 committee committee on Atlantic Generating Station and Float­ ing Nuclear Plant, 2-^4—75 PART II: CHILDRENS SLEEPWEAR FLAMMABILITY STAND­ unless exempted, persons convicted of certain crimes effective effective 1—20—75...... HEW/PHS proposes amount spent by Health Services HEW/SSA proposes price regulations for multiple- from from working in employee benefit plan organizations; National National Science Foundation: tain human medical uses. final final aggregate production quotas for certain drugs; effective effective 1-20-75...... USDA/AMS: Flue-Cured Tobacco Advisory Committee, tablishes use of single form; effective 2-19-75 National National Endowment for the Humanities: Education Commerce/SESA: Census Advisory Committee on the DOD: DOD: Defense Advisory Group on Electronic Devices, State: U.S. National Committee for the International Air Force: AFROTC Advisory Panel, 1—27—75.. AEC: Advisory Committee on Reactor Safeguards Sub­ MONDAY, MONDAY, JANUARY 20, 1975 HIGHLIGHTS OF THIS ISSUE PART I statusthe legal Thisaffect does listing not of any document published in this published document in any issue.of Detailed WASHINGTON, D.C. RADIOPHARMACEUTICALS— AEC amends fuies for cer­ MAXIMUM ALLOWABLE COST FOR DRUGS— Pages 3210A—3283 Volume 40 ■ Number 13 table of contents table of appears inside. CONVICT EMPLOYMENT— Justice/Parole Board prohibits, CONTROLLED SUBSTANCES—Justice/DEA issues 1975 MEETINGS— U.S. CITIZEN IDENTIFICATION CARDS— NS Justice/1 es­

January 17, 1975— Pages 3210A-3283

* « rem inders

(The items in this list were editorially compiled as an aid to Federal 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 HEW/FDA— Antifungal antibiotics; revised minimum potency limit for nystatin. 43832; 12-19-74 DOT/FAA— Noise standards; aircraft type and airworthiness certification.— 43830; 12-19-74 FHLBB— Operations; branch office applica­ tions...... 43707; 12-18-74 ICC— General rules of practice; shipper certification requirements...... 43725; 12-18-74

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^ ^ ( ¡ ¡ , 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 j y l L Administration, Washington, D.O. 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C., ch. 15) nnrt the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I ) . Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

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FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 contents

AGENCY FOR INTERNATIONAL Notices EQUAL EMPLOYMENT OPPORTUNITY DEVELOPMENT Authority delegations: COMMISSION Notices Assistant Secretary for Science Rules Authority delegation, revocation:— and Technology------1----- 3235 E m p l o y m e n t discrimination Affairs Officer, Venezuela------3224 Organization and f unctions: charges; deferral.______3210M National Bureau of Standards— 3235 Proposed Rules AGRICULTURAL MARKETING SERVICE National Technical Informa­ Section 706 agencies______3220 Rules tion Service ______3235 Handling limitations: Patent Office______3236 FEDERAL AVIATION ADMINISTRATION Oranges (Navel) grown in Ariz. CONSUMER PRODUCT SAFETY Rules and designated part of Calif— 3214 COMMISSION Control zone.______3210K Milk marketing areas: Proposed Rules Lake Mead area------.------3214 Transition area______3210K Children’s sleepwear, sizes 7 Proposed Rules Proposed Rules through 14; labeling, record­ Grade standards: VOR Federal airway and tempo­ keeping, and other require­ rary restricted areas; correc­ Grapefruit and orange, canned, ments (2 documents)_____ 3276, 3279 for salad; correction and ex­ tion ______3220 tension of time (2 docu­ Notices Notices ments) ------. 3217 Children’s sleepwear; policy state­ Commissioning of airport traffic Grain standards: ment ______' 3282 control towers: Weighted average, mechanical DEFENSE CIVIL PREPAREDNESS AGENCY Sugar Grove, HI------3247 sampler inspection, etc.; ex­ Twin Falls, Idaho______3247 Rules tension of time------3217 Walla Walla, Wash______3247 Milk marketing areas: * Nondiscrimination on Federally Lake Mead area------3218 assisted programs------3212 FEDERAL COMMUNICATIONS COMMISSION Notices DEFENSE DEPARTMENT Proposed Rules Meetings: See also Air Force. Cable television annual financial Flue-Cured Tobacco Advisory Notices Committee______— ------3235 report; extension of time__----- 3223 Meetings: Notices AGRICULTURE DEPARTMENT Electron Devices, Advisory Group on_.______-— 3225 Hearings, etc.: See Agricultural Marketing Serv­ Belo Broadcasting Corp. and ice; Soil Conservation Service. Defense Science Board Task Force on Electronic Test Wadeco, Inc------3242 AIR FORCE Equipment______3224 Communications Satellite Corp_ 3243 Notices General World Administrative Environmental statement; F-15 DRUG ENFORCEMENT ADMINISTRATION Radio Conference------— 3245 Howell, Jimmie H., and Aaron J. beddown at Langley AFB, Va.; Notices Wells ______3244 hearing______3224 Controlled substances, schedules Vegas Instant Page and WUI/ Meetings: I and II; 1975 final aggregate TAS of Las Vegas, Inc------3245 AFROTC Advisory Panel------3224 production quotas_____------3225 FEDERAL ENERGY ADMINISTRATION ATOMIC ENERGY COMMISSION ECONOMIC OPPORTUNITY OFFICE Rules Rules Rules Administrative procedures; can- Byproduct material, human uses; Community action programs; suc­ group licensing for medical v cellation of hearing------3210D cessor authority------______3213 uses______3210B FEDERAL HIGHWAY ADMINISTRATION Licensing; quality assurance cri­ EDUCATION OFFICE teria ______3210C Notices Notices Notices Rhode Island; proposed action Applications, etc.: Applications closing dates: j p la n ______3247 Commonwealth Edison Co_____ 3237 Library Resources Program; Li­ ' f e d e r a l p o w er c o m m iss io n Meetings: brary Research and Demon­ Reactor Safeguards Advisory stration Program; Library Notices Committee ______3238 Training Program; changes. 3236 Natural gas: Certificates of public conven­ CIVIL AERONAUTICS BOARD ENERGY RESEARCH AND DEVELOPMENT Notices ience and necessity; applica­ ADMINISTRATION tions, abandonment of service Hearings, etc.: Notices and petitions to amend (2 International Air Transport AS' Authority delegations: documents)------3253, 3254 sociation (2 documents)____ 3239 “ Small producer” certificates; Ozark Air Lines, Inc______3239 Administrator, ERDA______3242 Official seal; adoption______3242 applications ------3256 CIVIL SERVICE COMMISSION Hearings, etc.: Notices ENVIRONMENTAL PROTECTION AGENCY Arkansas Louisiana Gas Co----- 3247 Chattanooga Gas Co______3248 Noncareer executive assignments: Notices Lone Star Gas Co______3248 Defense Department (2 docu­ Marathon Oil Co______3249 ments) ______3239,3240 Pesticide registration; applications (2 documents)______3240, 3241 Mississippi River Transmission COMMERCE DEPARTMENT Pesticides: C o r p ______3249 See also Social and Economic Sta­ Kemin Industries, Inc.; intent National Power Survey Coordi­ tistics Administration. to cancel registration______3240 nating Committee______3250 (Continued on next page)

FEDERAL REGISTER, VÖL. 40, NO. 13— MONDAY, JANUARY 20, 1975 iii CONTENTS

New York State Electric & Gas Penn Central Transportation Co.; PUBLIC HEALTH SERVICE C o rp ______:______3250 authorization______3263 Proposed Rules Northern Natural Gas Co_____ 3251 Health services delivery programs; . Potomac Edison Co______3251 JUSTICE DEPARTMENT maximum allowable cost for Tenneco Oil Co., et al______3251 drugs ------3218 Texas Gas Transmission Corp. See also Drug Enforcement Ad­ (3 documents)______3251, 3252 ministration; Immigration and SECURITIES AND EXCHANGE Transwestern Pipeline Co____ 3252 Naturalization Service. COMMISSION United Gas Pipe Line Co____,___ 3252 Rules Proposed Rules Utah Power & Light Co______3253 Freedom of information; fees and FEDERAL RESERVE SYSTEM Employee benefit plans, partici­ charges______3222 Notices pation; exemption procedures_321 OK Notices Applications, etc.: Option plans: United Banks of Colorado______3237 LABOR DEPARTMENT American Stock Exchange, Inc_ 3258 FISH AND WILDLIFE SERVICE See Wage and Hour Division. Hearings, etc.: American Agronomics Corp____ 3258 Notices LAND MANAGEMENT BUREAU BBI Inc______3260 Endangered species permits, appli­ Burmah Oil Company Ltd_____ 3260 cations: Notices Canadian Javelin Ltd______3257 Berry, Robert B______3232 Withdrawal and reservation of Nicoa Corp______3260 National Zoological Park (2 land, proposed, etc. : SMALL BUSINESS ADMINISTRATION documents)______3225, 3228 Kansas; correction______3225 San Diego Zoological Garden_ 3230 Rules Spotila, James R ______3231 NATIONAL FOUNDATION ON THE ARTS Disaster loans______3210D GEOLOGICAL SURVEY ANÒ THE HUMANITIES Notices Notices Notices Applications, etc.: Geothermal resources areas: Mid-Atlantic Fund, Inc,______3260 C aliforn ia______3234 Meetings : Orangeco Investment Co______3261 Utah ______3234 Education Panel______3256 Disaster areas : Massachusetts ______.____ _ 3260 h e a l t h , E d u c a t io n , a n d w e l f a r e NATIONAL LABOR RELATIONS BOARD DEPARTMENT Puerto Rico______!______3261 See Education Office; Public Proposed Rules SOCIAL AND ECONOMIC STATISTICS Health Service; Social Securi­ Freedom of information; fees and ADMINISTRATION ty Administration. charges; correction______3220 Notices HOUSING AND URBAN DEVELOPMENT Meetings: DEPARTMENT NATIONAL PARK SERVICE Census Advisory Committee on Rules Black Population in 1980 Cen­ Notices Power of attorney; list of at- sus ______3236 torneys-in-fact; correction____3210K Environmental statements: Big Bend National Park, Tex_ 3234 SOCIAL SECURITY ADMINISTRATION IMMIGRATION AND NATURALIZATION SERVICE Proposed Rules Rules NATIONAL SCIENCE FOUNDATION Health insurance for aged and dis­ abled ; allowable cost for drugs 3219 Inspection; U.S. citizen identifi­ Notices cation card______3210A Meetings: , SOIL CONSERVATION SERVICE INTERIM COMPLIANCE PANEL (COAL Metabolic Biology Advisory Notices MINE HEALTH AND SAFETY) Panel ______3256 Notices Neurobiology Advisory Panel___ 3257 Environmental statements: Applications, etc.: Regulatory Biology Advisory Lacassine Watershed Project, Carmella Coal & Minerals, Panel ______3257 L a .______3235 In c ______3237 Science Education Projects Ad­ visory Panel______3257 STATE DEPARTMENT INTERIOR DEPARTMENT See also Agency for International See Fish and Wildlife Service; PANAMA CANAL Development. Geological Survey; Land Man­ agement Bureau; National Park Rules Notices Service. Civilian Policy Coordinating Meetings: B o a rd ______3213 U.S. National Committee for In ­ INTERSTATE COMMERCE COMMISSION ternational Telegraph and Rules PENNSYLVANIA AVENUE DEVELOPMENT Telephone Consultative Com­ Freedom of information; inspec­ CORPORATION mittee, Study G rou p!------3224 tion of records______3215 Rail service continuation sub­ Notices TRANSPORTATION DEPARTMENT sidies, standards for determin­ Charter amendments: See Federal Aviation Administra­ ing; correction______‘______3215 Community Advisory Group____ 3257 tion; Federal Highway Adminis­ Notices Owners and Tenants Advisory tration, Hearing assignments______3262 B o a rd ______3257 Motor carriers : WAGE AND HOUR DIVISION Irregular route property car­ POSTAL SERVICE Notices riers; gateway eliminations_ 3263 Proposed Rules Temporary authority; termina­ Learners and student workers; tions ______3263 Freedom of, information; fee certificates authorizing employ­ Transfer proceedings______3262 schedules______3220 ment at special minimum wages 3261

iv FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 list of cfr ports offected

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, follows beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1974, and specifies how they are affected.

7 CFR 16 CFR 32 CFR » 907______...... 3214 P ropose© R u l e s : 1811______3212 1139______3214 Ch. n ______3276 35 CFR P roposed R u l e s : 302— j______3279 253______3213 ..... 3217 26______17 CFR 5? (9 rinr.rnnentfi) __ 3217 39 CFR 1139______3218 P roposed R u l e s : P roposed R u l e s : 200______3222 8 CFR 262______3220 _ 3210A 20 CFR 235-______42 CFR 299______W ______3210A P roposed R u l e s : P roposed R u l e s : 10 CFR 405______3219 50______3218 35...... ______3210B 24 CFR 50-_____—...... — ______3210C 45 CFR 300...... ______3210K 205...... —______3210D 1060-_____ 3213 13 CFR 28 CFR 47 CFR 123...... 3210D 4a______;______...... 3210K 29 CFR P roposed R u l e s : 14 CFR 76______3223 71 (2 documents)______...... 321 OK 1601______—...... ______3210M P roposed R u l e s : P roposed R u l e s : 49 CFR

71...... ______3220 103______...... 3220 1001— ______3215 73...... ______3220 1601______...... 3220 1125-______3215

FEDERAL REGISTER, VOL. 40, NO. 13— MQNDAY, JANUARY 20, 1975 V FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JANUARY

The following numerical guide is a list of parts of each title of the Code Federal Regulations affected by documents published to date during January.

l CFR 1 CFR— Continued 7 CFR— Continued P roposed R u l e s : P residential D o c u m e n t s O th er P roposed R u l e s — Continued 203------*______2709 T h a n P roclamations or E x e c u ­ t iv e O r ders: 1006__ .____ — _ 2589 1007______; ------2589 2 CFR Memorandum of December 30, 1011______2589 1974______1221 1012______2589 P roposed R u l e s : Message to Congress___ '_____ 1637 1013______— 2589 2------s.______2592 Notice of International Trade 1015______2589 Negotiations_!____.______2670 1030______2589 3 CFR 1032 ______2589 5 CFR 1033 ______2589 P roclamations : 213—______1499,1681, 2173, 2435, 2575 1036______2589 4339______749 294______2436 1040______, ______2589 352______1223 1044______2589 E x e c u t iv e O rders: P roposed R u l e s : 1046______2589 €073 (Revoked in part by EO 1049 ___. ______2589 11825)______1003 2401_____;______2214 1050 ______2589 6260 (Revoked by EO 11825) __ 1003 7 CFR I960______2589 6359 (Revoked in part by EO 1061______^____ 2589 11825)______:______1003 2______2419,2991 1062______:______2589 6556 (Revoked by EO 11825) __ 1003 6 ______2791 1063 ______2589 6560 (See EO 11825)______1003 51______2791 1064 ______2589 10289 (Revoked in part by EO 180______1026 1065 ___ — _ 2589 11825)______1003 220______1499 1068______2589 10896 (Revoked by EO 11825) _ 1003 270 ______1882 1069 ______2589 10905 (Revoked by EO 11825) _ 1003 271 ____ i,______1884,2204 1070 ______2589 11037 (Revoked by EO 11-825) _ 1003 272 ____ 1894 1071 ______2589 11126 (Council continued by 273 _ 1897 1073______2589 EO 11827)______1217 274 ______:______1899 1075 ______2589 11145 (Committee continued * 301______1223 1076 ______2589 by EO 11827)___ 1217 401______1701,1703 1078 ______2589 11183 (Commission continued 722______1704,2992 1079 _;______2589 by EO 11827)______1217 730______1027 1090______2589 874______1028 1094______. ______2589 11287 (Committee continued qn>i 97Q9 by EO 11827)______1217 1096______— ______2589 11342 (Committee continued 907____ :_::::::;:~T5Y,T2~2~8~, 1704,3214 - 1097______2589 by EO 11827)______1217 910 ______753, 1228, 2205, 3004 1098 ___. ______2589 11415 (Committee continued 911 ______2793 1099 ______2589 by EO 11827)______1217 912 ______2206,3004 1101______2589 11472 (Committee continued 913 ______2206,3005 1102______2589 by EO 11827)______1217 915 ______2677 1104______2589 11562 (Council continued by 916 _ 1499 1106______2589 EO 11827)______i__ 1217 944______,______2793 1108______2589 11583 (Council continued by 971______1028,2794 1120______2589 EO 11827)______1217 981______3005 1121______7,2589 11625 (Council continued by 1139______2694,3214 1124______2589 EO 11827) 1217 1421____ 1029 1125—______2589 11667 (Committee continued 1434______2726 1126______7,2589 by EO 11827) — ______1217 1474______£______1705 1127 ______7,2589 11753 (Council continued by 1806______2420 1128 ______7,2589 EO 11827)______1217 1822______1229 1129 ___. ______7,2589 11756 (See EO 11824)____ 751 P roposed R u l e s : 1130 ______7,2589 11768 (Amended by EO 11331) _ 2413 20______1711 1131 ______2589 11776 (Committee continued 26______2208, 3217 1132 ______2589 by EO 11827)______1217 52------3217 1133 ______2589 11807 (Council continued by 55------1706,2694 1134 ______— 2589 EO 11827)______1217 56— ______1706,2694 1136 ______2589 11814 (See EO 11834)______2971 59------1706, 2694 1137 ______2589 11824 ___ 751 68______3007 1138- 1______2589 11825 ______1003 70------1706,2694 1139— ___ 2589, 2695, 3218 11826 ______1004 220______2697 1207______2697 11827 _t______1217 916 ------1515 1434______2726 11828 ______1219 917 ______1516 8 CFR 11829 ______1497 980 ______2819 11830 ______2411 981 ______2589 214______. 2794 11831 ______2413 989______787, 788 235______3210A 11832 _ 24)5 1001 ______2589 299______3210A 11833 ______2673 1004______2589 P roposed R u l e s : 11834 ______2971 1002 ______2589 103______2817

Vi FEDERAL REGISTER, VOL; 40, NO. 13— MONDAY, JANUARY 20, 1975 FEDERAL REGISTER

9 CFR 14 CFR— Continued 18 CFR— Continued 73_____ 757 36—______1029, 2173, 2797 P roposed R u l e s : 78______2173 39______1, 1—. 1077 91______A______— 2691 2,1036,1037,1232,1682, 2797, 2978, 2 —. 2716 97______757 2979 3 „ . 1077 113-_____ 757,2691,2692 71______299, 154 2716 304______— ______2575 1038, 1507, 1508, 1682, 2421, 2422, 157. 2716 305 ______2576 2577, 3210K 317______2576 73______299, 1038 19 CFR 445______.______1500 75______— 299 171______——______2797 447______1500 91___— ______2420 P roposed R u l e s : 95______2577 P roposed R u l e s : 1———— 5 97______—— 1232 112 ______788 4______2437 121______——______1039 152-______2437 113 ______788 228— ______2797 114 ______— 788 174______2437 239 ______1039 177______2437 288______1040 10 CFR ' 201______— 2452 ______1230 372a______1233 1 20 CFR 2 ______;______2973, 2974 P roposed R u l e s : 35______-______— 3210B 404 ______1233, 2683 21______1061, 2823405 ______1022, 3219 50 ______„2974, 3210C 36______1061, 2823 51 ______2978 416—______1508 39______1711 614______3 205____r,______3210D 49______- ______2445 210 ____i______2795 71______- 1059- P roposed R u l e s : 211 __ 2560,2692 1061, 1518, 2824, 2825; 3220 405______797, 1057 212 __ 2795 73______—...... 1518, 3220 730______— 791 P roposed R u l e s : 91______—______1072 21 CFR 9______2714 310______2826 2______2580,2979 19 ______799 385______2826 389___ 2826 29______2798 20 _ 799 121____ 2580, 2581, 2683, 2798, 2799, 2980 40______2209 401______2446 1206— ...... ——...... 2716 135______1013, 2422 51______„ ______1005 135c______1013, 1014 170______3010 15 CFR 135e______1013, 2422, 2800 2 0 7 „...... 2212 377______1041,2174 450______1512 12 CFR 399______1041 1308—______— ______1236 225 ______;...... 2677 923______1683 P roposed R u l e s : 226 ______1681 P roposed R u l e s : 132-—!______J______265______1505 133____- ______4____— ...... 2821 P roposed R u l e s : 940______- ______— 8 7...... _...... 2836 16 CFR* 1304—_____ 787 1308___ 787 226____ 1717 2______760 309______2715 3— ______761 22 CFR 329______1______2212 4______— 761 22______2800 404___ „244 9 13______- ______761 505—____ 2715 51______1512 1500______1480 61- 523______1277 ____ 2423 524______1277 P roposed R u l e s : P roposed R u l e s : 525 ______1277 4...... 2450 6 __. 2443 526 ______— ______1277 438 ______2450 42_ 1515 532____ 1277 439 ______2451 212 2442 544 ------3011 Ch. I I ______3276 545______1076,1278, 3011 302 _ _ 3279 23 CFR 556— ______1278 1500——" 1480,'1488,'1491,'2211, 2212 490— ...... 2581 561______1076,3011 1512______1493,2211,2212 625______- 2179 563------1076, 3011 1700______—...... — 2827 712...... — 2179 571______1279 P roposed R u l e s : 588______1279 17 CFR 602______2590 200— ______1009,3222 655— ...... - 2708 720...... 2591 210______1012 24 CFR 211___ -2678 58___ ———...... —...... _ 1392 13 CFR 231______1695, 2678 203_____ 2800 101------2419 240 ______1012, 2678205______3^ 2800 107______;______1230,1231 241 ______1695, 2678207______2800 249______— ______1013 120______1682 213-___——______2800 251____ 2678 123___ 3200 220___— ———————______2801 301------1029 P roposed R u l e s : 221___2801 304______2796 1...... 789 232______2801 P roposed R u l e s : 200______234 ______—______2801 102------3014 210______1078,235 1079______————————— 2801 240-______1079, 1520,1719, 2215 236——————————— —____ 2801 14 CFR 249______1079 241— — — — —————_— 2801 21______1029, 2173, 2420, 2576, 2797 242— .______.____ :______2802 23—_____ 2577 18 CFR 244______2802 25______2577 2_...... 2579 300______2683, 3210K 29______2420 260_...... — ______2680 570_;______- 2582

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 Vll FEDERAL REGISTER

24 CFR— Continued 35 CFR 43 CFR 1914 _ 766, 767, 2180, 2181, 2424, 2125 67______— _ —_ 2204 4110______2812 1915 ______767, 776, 2182-2203, 2425 253— ______3213 P u b l ic I jAnd O r ders: Proposes R oles: 36 CFR 5462______1017 1280______1902 7— ______762 P roposed R u l e s : 25 CFR P roposed R u l e s : 2920______2818 Proposed R ules: 404 ______2447 3500______2590 221______— _____ 787 405 ______2447 3520—______2590 26 CFR 38 CFR 45 CFR I _ 1014, 1236, 1238, 1697, 2683, 2802 75______» ______1242 3 1237 3______- ______1241 36______— ______1513 141______1017 I I ______1016 177______2813 20_____ 1240 P roposed R u l e s : 233______2435 25____ 1240 1 ______-C______2829 1060______3213 roposed u l e s P R : 39 CFR P roposed R u l e s : 1______1044, 1250, 2694, 3007 281______- ______2179 19______2707 31______1251 63______1516 301______- ______1044 P roposed R u l e s : 99— ______1208,2208 262______3220 27 CFR 103______— 8 3001______2451 182______l ______3007 4______1240 189______1053 40 CFR 28 CFR 250______2707 52______2585,2802 1100______•______3014 4a______3210K 60______- ______2803 46 CFR , ' P roposed R u l e s : 120______;______—___1041 16______2443 180____ 1042,1043,1241, 2179,2586, 2803 35-______2689 406— ______'915 78______2689 29 CFR 418______2650 97______2689 99______— 2360 426____ 2952 196______— 2689 512 ______4 427______- _____ - ______1874 221______2434 1601______3210M 428______-______2334 503______-______2983 1952______*______1512 429 _____ ,______2804 432______902 P roposed R u l e s : 2555______, ______2203 30______2707 P roposed R u l e s : P roposed R u l e s : 151______2707 70______2705 52______1711, 2212, 2448, 2832, 2833 283______2445 103______2591,3220 171______- ______2528, 3010 538______1280 180______1276,1519,2448 1208______2451 47. CFR 1601______3220 406______921 1610______3011 415— ______1712 0__ l______2985 1908______2703 418______2654 2______— ______1243,2813 1910______797, 2822 426 ______„______2963 5______- ____2813 1952______1082 427 ______1879 73______1700 428—______2347 76______2690 31 CFR 429______2833,2834 81______2435, 2986, 2988 316______754 432______912 83______2986 443______2352 87_____ 2988 P roposed R u l e s : 89______2988 1 ______2836 41 CFR 91______1021, 2988 223— ______786,2694 1-1______2810 93______!—______2988 32 CFR 1-2______2811 95______1243, 2988 1-7______._____ 2812 97______2988 737______1402 9-7_i______1______— 2587 99______— ______2989 1459______- ______i' 1240 9-12______.____ 2587 P roposed R u l e s : 1470______1240 9-16______2587 1811______3212 14-1_____ 2812 21______800 14-3 ______2812 73______801, P roposed R u l e s : 1714, 1716, 2449, 2710, 2712, 286 ______2208 Ck. 51______2980 161-18______— _ 2587 2713, 2828 1608______2593 76_____ 3223 Ch. X IX ______3010 105-63— ______2668 P roposed R u l e s : 33 CFR 49 CFR 105-60____ 2838 173______— ______— ...... 2435 110______1016, 2688 178-____-______:______2435 127______1016 42 CFR 217______2690 210___ 2582 P roposed R u l e s : 571______4, 1246, 1248, 2989 P roposed R u l e s : 23______1204 1001______3215 209______2816 50______- ______- 3218 1033______1700, 2587, 2691, 2990-2991 263______1612 59______— 2823 1064______,1248 380______1619 66______3074 1125______- ______1624, 3215 384______1620 72______8 1208—______i______2500

Vlü FEDERAL REGISTER, V O L 40, NO. 13— MONDAY, JANUARY 20, 1975 FEDERAL REGISTER

49 CFR— Continued P roposed R u l e s : 213------1076 395______2208 571— ------__------10 575------1273 581______10 Ch. V I______2534 1001------1718 * - 1124______801

50 CFR 28______— 762, 763,1701 » 33------764,1701, 2815 216______a______764

P roposed R u l e s : 17______5 21_____;___ ;____.______2444 216______2820 219—______2820

FEDERAL REGISTER PAGES AND DATES— JANUARY

Pages Date 1-747------______Jan. 2 749-1002—______3 1003-1216______6 1217-1495______7 1497-1679—— ______8 1681-2172______9 2173-2409______10 2411-2573______13 2575-2671______14 2673-2790______15 2971-3210______17 3210A-3283______20

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975

3210A rules onci 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 8— Aliens and Nationality include the condition of consent to void­ livery of such card shall be made only CHAPTER I— IMMIGRATION AND NATU­ ance of the card and to eliminate the in the United States. RALIZATION SERVICE, DEPARTMENT provision for automatic voidance of the (f) Replacement. If a U.S. citizen iden­ OF JUSTICE card if found in the possession of a per­ tification card has been lost, mutilated son other than the one to whom it was or destroyed, the person to whom such PART 235— INSPECTION OF PERSONS issued. card was issued may apply for a new APPLYING FOR ADMISSION 4. Proposed § 235.10 is amended by the-card (Form 1-197) in accordance with PART 299— IMMIGRATION FORMS addition of a new paragraph (h) to the provisions of this section. I f subse­ U.S. Citizen Identification Card clarify that a valid citizen identification quent to issuance of an identification card heretofore issued on Form 1-179 card the holder’s name has been changed Reference Is made to the notice of pro­ shall continue to be valid. by marriage or by order of a court of posed rule making which was published The proposed rules, as modified, are competent jurisdiction, application for a in the F ederal R egister on March 7,1974 hereby adopted: new card may be made in accordance (39 FR 8924) pursuant to section 553 of Section 235.10 is revised to read as with the provisions of this section. A Title 5 of the United States Code (80 follows: mutilated card may be replaced only if Stat. 383) and in which-there were set it is surrendered to the Service. A card in forth the proposed amendments to 8 CFR § 235.10 U.S. Citizen Identification Card. a changed name may be issued only if § 235.10 pertaining to the issuance of (a) General. Solely as a convenience the previously-issued card is surrendered, -United States citizen identification cards. to facilitate identification in the United unless it was lost or destroyed, and a cer­ The representations which were re­ States by immigration officers and entry tified copy of the marriage record or ceived concerning the proposed rules of over land borders from foreign contig­ court decree ordering the name change March 7, 1974, have been considered. In uous territory, a citizen who is phy­ is submitted. The holder of an identifica­ addition to minor editorial changes, the sically present in the United States may tion card which is in poor condition be­ proposed rules have been amended in the apply for a U.S. Citizen Identification cause of improper lamination or which following respects: Card, Form 1-197, to the Service office contains an error made by the Service 1. Proposed § 235.10 (a) is amended by having jurisdiction over the place where may be issued a new one without submit­ adding at the end thereof a new sentence he is present. Possession of the card shall ting a fee or application upon surrender for the purpose of making it clear that “A not be mandatory for any purpose. A U.S. of the original card. U.S. citizen identification card is and citizen identification card is and never (g) Surrender and voidance— (1) In ­ never ceases to be the property of the ceases to be the property of the United stitution of proceeding under section 236, United States.” States. 242 or 342 of the Act. A U.S. citizeiriden- 2. Proposed § 235.10(f) is amended to (b) Eligibility. No United States citi­ tiftcation card shall be surrendered pro­ specify the procedure for obtaining a zen shall be eligible for an identification visionally to a Service office upon noti­ citizen identification card in lieu of one card unless he is physically present in fication by the district director of such lost, mutilated, or destroyed, or in a the United States at the time of applica­ office of institution of a proceeding under changed name; to clarify the conditions tion therefor and at the time of issuance section 236, 242 or 342 of the Act against under which a card may be replaced of the card and, if other than a native- the person to whom the card was issued. without fee, and to provide for its re­ born citizen, has been issued a certificate The card shall be returned to such per­ placement in such circumstances without of naturalization or citizenship. son if the final order in the proceeding the submission of an application, as well does not result in the voidance of the as without fee. (c) Application. An application for an identification card shall be made on. document pursuant to this paragraph. A 3. For greater clarity, the material in U.S. citizen identification card shall be proposed § 235.10(g) has been divided Form 1-196, accompanied by the fee re­ quired under § 103.7 of this chapter and deemed void automatically if the person into four subparagraphs. That portion of one photograph 1 y2 inches by 1 % inches, to whom it was issued is determined to proposed § 235.10(g) which concerns the be an alien in a proceeding conducted provisional surrender to the Service of a and evidence of his brith in the United States or, in the case of a United States pursuant to section 236 or 242 of the Act, citizen identification card upon notifica­ citizen who was not bom in the United or if a certificate, document, or record tion that the validity of the card is being relating to such person is cancelled pur­ investigated, has been designated § 235.10 States, a certificate of naturalization or citizenship. The applicant, when notified suant to section 342 of the Act. (g) (2), and has been modified to provide (2) Investigation of validity of iden­ for the return of such provisionally-sur­ to do so, and his parent or guardian, if one is acting in his behalf, shall appear tification card, A U.S. citizen identifica­ rendered card if the investigation does in person before an immigration officer tion card shall be surrendered provision­ not result in an adverse determination. ally to a Service office upon notification The proposed regulation has been further in the United States for examination under oath or affirmation upon the ap­ by the district director of such office that modified to provide that in the event of plication. the validity of the card is being investi­ a tentative adverse determination, the (d) Denial of application. If the de­ gated. The card shall be returned to the applicant shall be notified thereof, of the person who surrendered it if the investi­ basis therefor, and afforded an opportu­ cision of the district director is that the application shall be denied, notification gation does not result in a determination nity to see and to rebut the reverse evi­ adverse to his claim to be a United States dence, and to present evidence on his own thereof and the reasons therefor shall be furnished the applicant. No appeal shall citizen. When an investigation results in behalf, which shall be considered in. de­ a tentative determination adverse to the termining the validity of the card. That lie from the denial of an application by the district director. applicant’s claim to be a United States portion of proposed § 235.10(g) concern­ citizen, the applicant shall be so notified ing the automatic voidance of a citizen (e) ^Issuance of identification card. I f the applicant establishes his citizenship by certified mail directed to his last identification card issued to a person who and eligibility to the satisfaction of the known address. The notification shall in­ admits alienage, has been designated district director, the identification card form the applicant of the basis for such § 235.10(g) (3), and has been modified to shall be issued to the applicant. The de­ determination and of the intention of the

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3210B RULES AND REGULATIONS district director to declare the card void Title 10— Energy from restrictions under regulations cur­ unless within 30 days the applicant ob­ CHAPTER I— ATOMIC ENERGY rently in effect, it may become effective jects and demands an opportunity to see COMMISSION without the customary 30-day notice. and rebut the adverse evidence. Any re­ Pursuant to the Atomic Energy Act of buttal, explanation or evidence presented PART 35— HUMAN USES OF 1954, as amended, and Sections 552 and by the applicant shall be included in the BYPRODUCT MATERIAL 553 of Title 5 of the United States Code, record of proceeding. The determination Group Licensing for Certain Medical Uses the following amendment to Title 10, whether the applicant is a United States Notice is hereby given of the amend­ Chapter I, Code of Federal Regulations, citizen shall be based on the entire rec­ ment of the Atomic Energy Commission’s Part 35 is published as a document sub­ ord and the applicant shall be notified of regulation “ Human Uses of Byproduct ject to codification. such determination. I f the determination Material,” 10 CFR Part 35. In § 35.100, paragraphs (a) (3), (4), is that the applicant is not a U.S. citizen, Section 35.100 of 10 CFR Part 35 lists (13) and (b) (21) are amended; para­ he shall be notified of the reasons there­ groups of medical uses of radioisotopes graph (b) (23) is renumbered (b) (24); for, and the card shall automatically be that have similar requirements for user a new paragraph (b) (23) is added; deemed void. No appeal shall lie from the training and experience, facilities and paragraph (c) (3) (viii) is amended and district director’s decision. equipment, and radiation safety proce­ a new paragraph (c) (3) (ix) is added to (3) Admission of alienage. A U.S. citi­ dures. Under the procedures set out in read as follows: zen identification card shall be deemed § 35.14 of 10 CFR Part 35, an application void if the person to whom it was issued § 35.100 Schedule A-Groups o f medical for a specific license for any medical use uses o f byproduct material. admits in a statement signed before an immigration officer that he is an alien o f byproduct material specified in one (a) Group I. Use of prepared radio­ or more of the groups in § 35.100 is con­ and consents therein to the voidance of pharmaceuticals for certain diagnostic sidered by the Commission as an appli­ the card. Upon the signing of such state­ studies involving measurements of up­ cation for all of the uses within the group ment the card shall be surrendered to the take, dilution and excretion. This group immigration officer. or groups that include the use or uses does not include uses involving imaging (4) Surrender of void card. A void U.S. specified in the application. and tumor localizations. citizen identification card which has not On July 17,1974, the Commission pub­ * * * * * lished in the F ederal R egister (39 FR been returned to the Service, shall be sur­ (3) Iodine 131 as iodinated human rendered forthwith to an immigration 26143) amendments to 10 CFR Part 35, to become effective on January 13, 1975, serum albumin (IHSA) for determina­ officer or to the issuing office of the tion of blood and blood plasma volume Service. which added several new uses to the ex­ isting groups I and I I of § 35.100 Sched­ and for studies of cardiovascular func­ (h) U.S. citizen identification card ule A and established new groups III, tion and protein turnover; previously issued on Form 1-179. A valid IV, V, and VI of § 35.100. The notice of (4) Iodine 125 as iodinated human U.S. citizen identification card issued on proposed rulemaking that was published serum albumin (IHSA) for determina­ Form 1-179 shall continue to be valid, in the F ederal R egister on January 21, tion of blood and blood plasma volume and for studies of cardiovascular func­ but shall be subject to the provisions of 1974 (39 FR 2384) on this amendment of § 35.100 stated that the groups of tion and protein turnover; this section. licensed uses would be amended from ***** § 299.1 [Amended] time to time to add new radiopharma­ (13) Chromium 51 as feodium chromate The list of forms in § 299.1 Prescribed ceuticals, sources, devices, and uses as for determination of red blood cell vol­ they are developed. forms is amended by deleting therefrom ume and studies of red blood cell survival The use of (1) iodine 125 and iodine time and gastrointestinal blood loss; the reference to “Form 1-179 (1-1-73) 131 as iodinated human serum albumin ***** Identification Card for Resident Citizen (IHSA) for studies of cardiovascular in the United States.” function and protein turnover, (2) (b) Group II. Use of prepared radio­ chromium 51 as sodium chromate for pharmaceuticals for diagnostic studies (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) studies of gastrointestinal blood loss, (3) ‘involving imaging and tumor localiza­ The basis and purpose of the above- technetium 99m as labeled sulfur colloid tions. prescribed regulations are to modify the for bone marrow imaging, and (4) tech­ ***** current procedure of issuing two different netium 99m as labeled stannous pyro­ (21) Technetium 99m as labeled sulfur phosphate for bone imaging have be­ types of United States citizen identifica­ colloid for liver, spleen, and bone marrow come well-established clinical procedures imaging; tion cards (Form 1-179 and Form 1-197) and radiopharmaceuticals for these uses ***** to provide for the issuance of a single have been approved or licensed by the type of citizen identification card, Form Food and Drug Administration. Section (23) Any byproduct material in a radiopharmaceutical prepared from a 1-197; to specify the eligibility require­ 35.100(c) (3) authorizes the use of re­ reagent kit listed in paragraph (c) (3) of ments and procedure for applying for a agent kits for the preparation of, and the clinical use of, certain radiophar­ this section for a use listed in that card, or a replacement card, as well as maceuticals. In order that medical insti­ paragraph; the conditions for surrender and void­ tutions and physicians may obtain these (24) Any byproduct material in a ance of the card. radiopharmaceuticals in prepared form radiopharmaceutical and for a diagnostic In accordance with long-standing from radiopharmacists instead of making use involving imaging for which a “No­ tice of Claimed Investigational Exemp­ practice, and as explicitly set forth in their own preparation from reagent kits, the radiopharmaceuticals prepared from tion for a New Drug” (IND) has been § 235.10(a), the United States citizen reagent kits listed in § 35.100(c) (3) will accepted by-the Food and Drug Admin­ identification card will continue to be be added, as prepared radiopharmaceuti- istration (FDA). made available solely for the convenience cals, to § 35.100(c) (2). * * * * * of those United States citizens who wish An editorial correction is also made (c) Group III. Use of generators and to apply for it. Possession of the card is in § 35.100(c) (3) (viii) to authorize the reagent kits for the preparation and use not mandatory for any purpose. use of distannous etidronate complex, for of radiopharmaceuticals containing by­ bone imaging, instead of disodium etidro­ Effective date. This order shall become product material for certain diagnostic nate from which the complex is pre­ uses. effective February 19,1975. pared. ***** Because this amendment relates solely Dated: January 14,1975. (3) Reagent kits for preparation of to procedural matters, the Commission technetium 99m labeled: L. F. C h a p m a n , Jr., has found that good cause exists for Commissioner of Immigration omitting notice of proposed rulemaking, * * * * * and Naturalization. and public procedure thereon, as unnec­ (viii) Distannous etidronate complex [FR Doc.75-1697 Filed 1-17-75;8:45 am] essary. Since the amendment relieves for bone imaging;

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 RULES AND REGULATIONS 3210C

(ix) Stannous pyrophosphate for bone activities be prescribed and accomplished 1. Guidance on Quality Assurance Require­ imaging. in accordance with written instructions ments During Design and Procurement Phase * * * # ♦ or procedures, also requires additional of Nuclear Power Plants, WASH-1283, Re­ vision 1, dated May 24, 1974; Effective date. This amendment be­ assurance of quality to be provided by verification of the correct performance 2. Guidance on Quality Assurance Require­ comes effective on January 20,1975. ments During the Construction Phase of of these activities by means such as Nuclear Power Plants,” WASH—1309, dated (Sec. 161, Pub. L. 83-703-, 68 Stat. 948 (42 checking, reviewing, inspecting, testing, U.S.C. 2201) ) May 10, 1974; and and auditing. Execution of a quality as­ 3. Guidance on Quality Assurance Require­ Dated at Bethesda, Md., this 15th day surance program which complies with ments During the Operations Phase of of January 1975. Appendix B thus involves both the per-, Nuclear Power Plants,” WASH-1284, dated / For the Atomic Energy Commission. formers; e.g., designer, welder, power October 26, 1973. plant operator, and those persons and L . M a n n in g M u n t z in g , ’ organizations accomplishing quality as­ The comments on the notice of pro­ Director of Régulation. surance functions; e.g., design reviewer, posed rule making, in general, supported [PR Doc.75-1831 Piled 1-17-75;8:45 am ] inspector, or tester. the concept that the Commission should One of the matters with which Cri­ be flexible in determining acceptability terion I deals is the organizational of licensee proposed organizational ap­ PART 50— LICENSING OF PRODUCTION proaches to quality assurance provided AND UTILIZATION FACILITIES relationship of the persons and organiza­ tions which are assigned the quality that the licensee explicitly establishes Quality Assurance Criteria— Permissible and delineates the functional relation­ Organizational Relationships assurance functions of (1) assuring that the quality assurance program is estab­ ships that are a part of his quality as­ On April 19, 1974, the Atomic Energy lished and executed and (2 ) verifying surance program. Commission published in the F ederal that an activity has been correctly per­ Additionally, comments stated that R eg ister (39 FR 13974) for public com­ formed. Criterion I now requires that Criterion I did not clearly state that the ment a proposed amendment to 10 CFR such persons and organizations shall execution of the quality assurance pro­ Part 50, Appendix B, “Quality Assurance have sufficient authority and organiza­ gram involved both the performers who Criteria for Nuclear Power Plants and tional freedom to identify quality prob­ achieve the quality objectives and the Fuel Reprocessing Plants.” The purpose lems; to initiate, recommend, or provide verifiers who assure that the required of the amendnîent is to clarify the intent solutions; and to verify implementation quality objectives have been attained. of Criterion I, “Organization,” with re­ of solutions. The intent of these organi­ As a result of valid criticisms in this gard to permissible organizational rela­ zational requirements is to assure that regard, Criterion I has been revised to tionships. All interested persons were in­ those persons and organizations per­ indicate that activities affecting the vited to submit comments or suggestions forming quality assurance functions have safety-related functions include both the in connection with the proposed amend­ the required degree of freedom from performing functions and the quality ment by June 3, 1974. other organizational responsibilities, assurance functions. Criterion I has also The proposed amendment was pro­ such as cost and scheduling, which could been revised to include a requirement posed as a result of the questions raised conflict with their quality assurance for establishment and delineation in by the decision of the Atomic Safety and functions. writing of the authority and duties of Licensing Appeal Board in Common­ It was recognized in establishing the those responsible for attaining quality wealth Edison Co. (LaSalle County Nu­ organizational requirements in Criterion objectives as well as those performing clear Station Units 1 and 2) ALAB-153, I that the degree of separation or inde­ quality assurance functions. R A I 73-10, 821 (October 19, 1873) and pendence of the persons and organiza­ Comments also recommended clari­ Consumers Power (Midland) ALAB-147, tions performing quality assurance func­ R A I 73-9, 636 (September 18, 1973), (re­ tions can affect their ability to carry out fication of the phrases “quality assur­ consideration denied, ALAB-152, R A I these functions. While it is desirable from ance functions” and “directing and man­ 73-10, 816 (October 5, 1973)). These one point of view to have persons and aging the quality assurance program.” questions concerned the organizational organizations performing quality assur­ Clarification has been accomplished by relationships where personnel perform­ ance functions completely separated, or­ defining quality assurance functions as ing a quality assurance function reported ganizationally, from individuals who (a) assuring that an appropriate quality to a field project manager or superin­ have significant responsibility for per­ tendent who was concerned with only formance of the work (including but not assurance program is established and the single project to which he was then limited to cost and schedule responsi­ effectively executed, and (b) verifying assigned and had cost and schedule re­ bility) , that same separation may in some that activities affecting the safety-re­ sponsibility for that project. instances hinder the quality assurance lated functions have been correctly per­ Appendix B establishes quality assur­ persons and organizations in performing formed. Since the execution of the ance requirements for the design, con­ their functions. The greater the inde­ struction, and operation of those struc­ pendence or separation, for example, the quality assurance program involves both tures, systems, and components of nu­ more difficult it may be in some in­ the performers and the verifiers, the clear power plants and fuel reprocessing stances to maintain lines of communica­ phrase “directing and managing the plants that prevent or mitigate the con­ tion in identifying quality problems and quality assurance program,” which ap­ sequences of postulated accidents that initiating corrective action. A number of pears in the last sentence, has been could cause undue risk to the health and variables affect the establishment of a ■ T safety of the public. The pertinent provi­ quality assurance organization that will changed to “ assuring effective execution sions of Appendix B apply to all ac­ be consistent with Criterion I. The var­ of any portion of the quality assurance tivities which affect the safety-related iables include, but are not limited to, the program.” functions of such structures,# systems, size of the organization, its organiza­ Comments also recommended clarifi­ I and components. tional structure, the type of activity being I cation of the last sentence of the pro­ The intent of the quality assurance performed, and the location or locations posed rule to eliminate the implication criteria provided in Appendix B .to 10 where the work is being performed. CFR Part 50 is to require that all ac­ Guidance as to implementation of a that only one individual may be respon­ tivities affecting the safety-related func­ quality assurance program that includes sible for the quality assurance program tions of nuclear facility structures, sys­ the concepts embodied in the amend­ at a given location. As a result of this tems, and components be accomplished ment set forth below is contained in the comment, a change has been made to in a systematic and controlled manner following publications: 1 permit the situation where, at a location; so that there is a high degree of assur­ e.g., construction site or engineering and ance that these activities are performed 1 These documents are available for inspec­ tion at the Commission’s Public Document procurement building, there may be correctly. Appendix B, in addition to re­ Room, 1717 H Street, NW „ Washington, D.C., quiring that these activities be per­ and copies may be obtained from the Na­ more than one individual responsible for formed in a systematic and controlled tional Technical. Information Service, 5285 assuring effective execution of different manner such as / by requiring that the Port Royal Road, Springfield, Virginia 22151. portions of the program. It should be

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1 3210D RULES AND REGULATIONS

recognized, however, that overall con­ quired authority and organizational free­ most changes incorporated herein are trol must be provided to assure that dom. Irrespective of the organizational struc­ the result of statutory enactments, it has these different portions of the program ture, the individual(s) assigned the respon­ been administratively determined that are coordinated and consistent with the sibility for assuring effective execution of any portion of the quality assurance program good cause exists not to postpone the overall program requirements. at any location where activities subject to effective date of this amendment until Comments also requested elimination this Appendix are being performed shall have 30 days after publication in the F ederal of the phrase “pressures of production” direct access to such levels of management R eg ister . However, we invite comment in describing the authority and organiza­ as may be necessary to perform this function. on the rules and regulations published herein. Send all comments to Einar tional freedom required for the verifi­ Effective date. This amendment be­ Johnson, Acting Associate Administra­ cation function. Since it was not in­ comes effective on February 19, 1975. tended that this phrase be limited to tor for Finance and Investment, 1441 L facets of manufacturing or fabrication; (Sec. 161, Pub. Law 83-703, 68 Stat. 948 (42 Street, NW „ Washington, D.C. 20416. e.g., machining or welding, that phrase USC 2201)) This revision is effective January 20, has been deleted. The revision now states Dated at Germantown, Md. this 14th 1975. the broader meaning intended; i.e., suf­ day of January 1975. Sec. ficient independence from cost and 123.0 Explanation of regulations. scheduling when opposed to safety con­ For the Atomic Energy Commission. 123.1 General. * siderations. In this broader sense, the P a u l C. B e n d e r , 123.2 Eligibility. thought encompasses such activities as Secretary of the Commission. 123.3 Purposes of loans. 123.4 Where to apply. design and procurement. [FR Doc.75-1821*Filed l-17-75;8:45 am] 123.5 Amount of loan and interest rates. Pursuant to the Atomic Energy Act of 123.6 Collateral. 1954, as amended, and sections 552 and 123.7 Federal Flood Insurance. 553 of Title 5 of the United States Code, CHAPTER II— FEDERAL ENERGY 123.8 Repayment. . the following amendment to Title 10, ADMINISTRATION 123.9 Step-by-step procedure for disaster Chapter I, Code of Federal Regulations, loan applicant. PART 205— ADMINISTRATIVE 123.10 Cooperation with American Red Part 50, Appendix B, is published as a PROCEDURES AND SANCTIONS Cross. document subject to codification. Cancellation of Public Hearing 123.11 State grants. •* Criterion I of Appendix B is amended 123.12 Obtaining loan fundS. to read: On December 18, 1974, the Federal 123.13 Administration of loans. 123.14 Fees and charges. I. Organization Energy Administration issued an emer­ gency amendment to § 205.26 and § 205.36 123.15 Extension of loans, including RFC The applicant1 shall be responsible for the of Part 205, Chapter n , Title 10, Code of loans. establishment and execution of the quality Federal Regulations (39 FR 44030, De­ 123.16 Restriction against loans to certain assurance program. The applicant may dele­ felons. gate to others, such as contractors, agents, cember 20,1974). A public hearing on the 123.17 Certification o f use of loan proceeds. or consultants, the work of establishing and amendment was scheduled for January 123.18 Compliance with consumer protec­ executing the quality assurance program, or 21, 1975. tion laws. Only ope request to make an oral pres­ any part thereof, but shall retain responsi­ A u t h o r it y : 72 Stat. 385, 387, as amended; bility therefor. The authority and duties of entation was received by FEA prior to 83 Stat. 125, 742; 15 U.S.C. 636. persons and organizations performing ac­ 4:30 p.m., January 13, 1975, and that re­ tivities affecting the safety-related functions quest was subsequently withdrawn. § 123.0 Explanation of regulations. of structures, systems, and components shall Therefore, FEA hereby gives notice that (a) The regulations in this part set be clearly established and delineated in writ­ the public hearing is cancelled. ing. These activities include both the per­ forth the information and procedures generally followed in Physical and other forming functions of attaining quality ob­ R o bert E. M o n t g o m e r y , Jr., jectives and the quality assurance functions. General Counsel. types of Disaster loans. However, be­ The quality assurance functions are those of cause of the emergency nature of floods, (a) assuring that an appropriate quality J a n u a r y 16, 1975. hurricanes, earthquakes or other simi­ assurance program is established and [FR Doc.75-1973 Filed 1-17-75; 11:15 am] lar catastrophes, the regulations cannot effectively executed and (b ) verifying, such anticipate all of the contingencies, prob­ as by checking, auditing, and inspection, lems, and needs which may arise in any that activities affecting the safety-related Title 13— Business Credit and given disaster. The SBA therefore ad­ functions have been correctly performed. Assistance The persons and organizations perform­ vises that the regulations in this part ing quality assurance 4 functions shall CHAPTER I— SMALL BUSINESS must be, and are subject to change with­ have sufficient authority and organiza­ ADMINISTRATION out advance notice and publication in tional freedom to identify quality prob­ [Rev. 9] the F ederal R eg iste r . lems; to initiate, recommend, or provide (b) SBA will, however, make every ef­ solutions; and to verify implementation of PART 123— DISASTER LOANS fort to publicize changes of substance solutions. Such persons and organizations The last revision of SBA rules and and procedure by whatever means prac­ performing quality assurance functions shall ticable under the circumstances, includ­ report to a management level such that this regulations, Part 123, was published required authority and organizational free­ July 9, 1973, effective July 1, 1973. Since ing, but not limited to press releases to dom, including sufficient independence from that time Pub.' LI 93-237, dated January newspapers, radio and television sta­ cost and schedule when opposed to safety 2, 1974, and Pub. L. 93-386, dated August tions, posting notices in public places, considerations, are provided. Because of the 23, 1974, have been enacted. These laws and by direct mailings (when possible) many variables involved, such as the number authorized loans to small businesses to affected persons. Publication in the of personnel, the type of activity being per­ economically injured as the result of F ederal R egister of appropriate regu­ formed, and the location or locations where Federal and other regulations, base clos­ latory changes will follow at the earliest activities are performed, the organizational ings, and the energy shortage. In order practicable time. structure for executing the quality assurance to incorporate these loan programs, as program may take various forms provided § 123.1 General. that the persons and organizations assigned well as that relating to economic injury (a) SBA is authorized to make or guar­ the quality assurance functions have this re- for meeting water pollution control re­ antee loans where necessary or appro­ quirements enacted by Pub. L. 92-500, priate to victims of floods, riots and civil dated October 18, 1972, this revision is disorders, and other catastrophes to re­ 1 While the term “applicant” is used in necessary. It also adds new sections on these criteria, ' the requirements are, habilitate or replace damaged or lost Federal Flood insurance, and State physical property (Physical-Loss Disas­ of course, applicable after such a person grants to disaster victims, and clarifies has received a license to construct and ter Assistance). operate a nuclear power plant or a fuel several minor issues. Since these changes (b) SBA is also authorized to make or reprocessing plant. These criteria will also and additions involve matters peculiarly guarantee loans where necessary or ap­ be used for guidance in evaluating the ade­ within the.responsibility of the Agency propriate to a small business concern: quacy of quality assurance programs in use in view of the need to coordinate policies (1) Located in an area declared to be by holders of construction permits and op­ erating licenses. affecting all of its programs, and because a major disaster, area by the President FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 * RULES AND REGULATIONS 3210E

or declared to be a natural disaster area (8) To make additions to or altera­amount of a loan. In loans made for by the Secretary of Agriculture, or phy­ tions in the equipment, facilities (in­ Physical-Loss Disaster Assistance, Sub­ sical disaster area declared by SBA after cluding the construction of pretreatment stantial Economic Injury Assistance and April 1, 1970, if SBA determines that the facilities and interceptor sewers), or Product Disaster Assistance, SBA may concern has suffered substantial eco­ methods of operation to meet water pol­ authorize loans for the repayment of nomic injury as a result of such disaster lution control requirements established interim financing used solely to alleviate (Economic Injury Assistance); under the Federal Water Pollution Con­ the disaster-caused injury. Proceeds of (2) To assist in reestablishing its busi­ trol Act, if SBA determines that the con­ these types of disaster loans (physical, ness, continuing in business at its exist­ cern is likely to suffer substantial eco­ economic injury, and product) may also ing location, in purchasing a business, or nomic injury without SBA assistance be used for the purpose of providing in establishing a new business, if SBA (Water Pollution Control Assistance). small business concerns with working determines that the concern has suf­ (c )(1 ) “ Financial Assistance” as used capital, the payment of operating ex­ fered substantial economic injury as a in this part shall include direct loans penses, and any purpose for which loans result of its displacement by, or location made by SBA, immediate participation may be made under section 7(a) of the in, adjacent to, or near, a federally aided loans, and guaranteed loans. Small Business Act (USC 636(a)), sub- urban renewal program or a highway (1) In an immediate participation , ject to the limitations set forth in this project or any other cofistruction con­ loan either SBA or the financial institu­ Part 123. Working capital loans are structed by or with funds provided in tion makes the loan and the other party limited to operating expenses and work­ whole or in part by the Federal Gov­ purchases an agreed percentage of the ing capital losses resulting from the dis­ ernment (Displaced Business Disaster loan. SBA participation shall not exceed aster. Assistance); 90 percent of the outstanding amount of (2) Limitations on assistance, (i) (3) To continue or reestablish its the loan. Farmers, stockmen, and others primarily business if SBA determines that the con­ (ii) In guaranteed loans the financial engaged in agricultural activities. Farm­ cern has suffered substantial economic institution makes the entire loan and ers, stockmen^ and others engaged pri­ injury, as a result of the inability of such SBA'is obligated to purchase pursuant to marily in agricultural activities are not concern to process or market a product its guaranty agreement not more than eligible for SBA disaster loan assistance. for human consumption because of 90 percent of the outstanding loan and No disaster loan funds will be provided disease or toxicity occurring in such accrued interest in the event the bor­ to an otherwise eligible applicant which product through natural or undeter­ rower has defaulted. Default as used in would be used primarily in a farming or mined causes, or because of animal this subsection means nonpayment of other agricultural activity, which is nor­ disease (Product Disaster Assistance); principal or interest when due, or non- mally eligible for emergency assistance (4) To make additions to or altera­ compliance with essential loan con­ from the Farmers Home Administration tions in its plant, facilities, or methods ditions. of the U.S. Department of Agriculture, of operations to meet requirements im­ (iii) SBA has the right at any time toexcept where the disaster area is located posed on such concern pursuant to any purchase the guaranteed percentage of beyond the territorial jurisdiction of any Federal Law, any State Law enacted in any guaranteed loan. other Federal agency otherwise author­ -conformity therewith, or any regulation (2) “Financial Institutions” as used ized to provide such assistance. or order of a duly authorized Federal, In this part shall include, but not be (ii) Religious, eleemosynary, nonprofit, State, regional, or local agency issued limited to, banks and other lending in­ and other organizations. Religious, elee­ in conformity with such Federal Law, stitutions whose regular course of busi­ mosynary, and nonprofit organizations if SBA determines that such concern ness entails the making and servicing of are eligible for physical disaster loans. is likely to suffer substantial economic commercial, industrial and/or other (3) Evidence of loss. Assistance may injury without SBA assistance (Regu­ loans of the type authorized to be made be extended only to applicants deter­ latory Economic Injury Assistance); by SBA to eligible small business con­ mined by SBA to have suffered substan­ (5) Which is directly and seriously cerns, and who otherwise meet the cri­ tially the disaster loss (beneficial owner­ affected by the significant reduction of teria specified in Part 120 of SBA’s rules ship as well as legal title may be consid­ Federal support for any project as a and regulations. ered in determining who suffered the result of any international agreement § 123.2 Eligibility. loss); it will not be extended (i) if the limiting the development of strategic applicant suffers flood loss as a result of arms or the installation of such arms or (a) Disaster loans for physical prop­action by a Federal agency which causes facilities. SBA must determine that a erty loss, or for substantial economic in­ flooding of an area where the Govern­ small firm is likely to suffer substantial jury as a result of major or natural ment has been held harmless under a economic injury without SBA assistance. disasters/ or inability to process or mar­ lease agreement covering a flowage ease­ Refinancing of existing indebtedness is ket a product because of disease or toxic­ ment, or (ii) where a substantial change authorized under this program. (Stra­ ity through natural or undetermined of ownership occurred after the disaster. tegic Arms Economic Injury Assist­ causes, or animal disease. Substantial change of ownership does ance) ; ( 1) General-scope of assistance. Fi­not include those instances in which a ( 6) To continue business at its exist­ nancial assistance may be extended to contract of sale had been entered into ing location, reestablish its business, or rehabilitate or replace property dam­ prior to the disaster and the transaction to purchase or establish a new business, aged or lost as a result of a disaster con­ -is completed after the disaster. if SBA determines that the concern has cerning which an appropriate SBA (4) Substantial economic injury as­ suffered, or will suffer substantial eco­ notice is published in the F ederal sistance— (i) Disaster declaration. An nomic injury as a result of the closing by R e g ister . Applicants for physical disas­ area must be declared to be a major dis­ the Federal Government of a major mili­ ter loans include but are not limited to aster area by the President, a disaster tary installation under the jurisdiction home or property owners, businesses of area by the Administrator of SBA,' or of the Department of Defense, or as a any size, and nonprofit institutions. Ap­ declared to be a natural disaster area by result of a severe reduction in the scope plicants for economic injury type of as­ the Secretary of Agriculture or his and size of operations at a major mili­ sistance must be small business concerns designee. tary installation (Base Closing Assist­ as defined in Part 121 of these regula­ (ii) Location. An otherwise eligible ance) ; tions. Such assistance will be considered small business concern must be located (7) Which is seriously and adversely on an individual basis in the light of in the disaster area as defined by the affected by a shortage of fuel, electrical circumstances of the applicant and of disaster declaration made as provided in energy, or energy-producing resources, the particular disaster, and will be pro­ paragraph (a) (4) (i) of this section. or by a shortage of raw or processed vided as SBA determines it to be neces­ (5) Product disaster assistance— (i) materials resulting from such shortages, sary or appropriate to relieve the dis­ Disaster declaration. The Administrator if SBA determines that such concern has tress and hardships attendant upon the of SBA makes all product disaster dec­ suffered or is likely to suffer substantial larations. disasters. The age of any adult applicant economic injury without SBA assistance (ii) Scope. An otherwise eligible small (Emergency Energy Shortage Assist­ may not be considered in determining business concern is eligible for product ance) ; whether a loan should be made or the disaster assistance to continue or rees-

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1075 3210F RULES AND REGULATIONS tablish its business if SBA determines following a period of disaster. Bee para­ must be a small concern seeking to com­ that the concern has suffered substan­ graph (a) (2) of this section. ply with standards established under tial economic injury as a result of the (2) Special Considerations—Displaced the Occupational Safety'and Health Act inability of such concern to process or business loans. At the discretion of SBA, of 1970. Based upon its inspection the market a product for human consump­ an applicant for a displaced business appropriate Federal or State authority tion because of disease or toxicity oc­ loan may be considered eligible for as­ issues a notice of deficiency or similar curring in such product through natural sistance to purchase or construct other notice to the firm. The notice is the basis or undetermined causes. Such eligibility premises whether or not such applicant upon which the applicant determines the includes loans to persons who are en­ owned the premises occupied by the busi­ amount and use of proceeds of an Oc­ gaged in the business of raising livestock ness. cupational Safety and Health Loan nec­ (including but not limited to cattle, hogs, (3) Special Considerations—Regula­ essary to correct the deficiencies cited. and poultry), and who suffer substan­ tory Economic Injury Assistance. To A copy of the notice of deficiency from tial economic injury as a result of ani­ qualify for a regulatory economic in­ the inspection authority must accom­ mal disease. jury assistance loan, an applicant must pany any formal application for a loan. (b) Displaced business, regulatory, be a small concern seeking to com­ Plant operators may, on their own initia­ strategic arms, base closing, emergency ply with standards imposed by Fed­ tive, undertake action to meet OSHA energy shortage, and water pollution eral, State or other regulatory au­ standards. I f major construction or re­ control economic injury loans. thorities concerned with such matters modeling is needed, the report of a li­ (1) General—Scope of assistance— as consumer protection or occupa­ censed professional engineer and/or (i) Limitations on assistance. Availabil­ tional safety and health. In addition, architect or other qualified professional ity of funds from other sources. Personal the’ following special considerations ap­ is required and must be submitted with and/or business assets must be used ply to various types of regulatory eco­ the loan application. by the applicant to the greatest extent nomic injury assistance loans: (iv) Air Pollution and Other Regula­ feasible without causing undue hardship (i) Coal mine health and safety loans. tory Economic Injury Loans. Compliance to overcame economic injury. In addi­ To qualify for a coal mine health and with regulations issued pursuant to the tion, private credit to the extent obtain­ safety loan, an applicant must be a Clean Air Act of 1970 creates eligibility able on reasonable rates and terms must small coal mine which is required to for economic injury loans. However, ap­ be used prior to obtaining economic in­ meet standards imposed by the Coal plicants for other types of regulatory jury assistance. Mine Health and Safety Act of 1969. economic injury loans will be found eli­ (ii) Farmers, stockmen, and others Coal mine services are not eligible for gible only if they seek to comply with primarily engaged in agricultural activ­ a Coal Mine Health and Safety Loan laws or regulations made effective after ities. Farmers, stockmen and others en­ since they do not come under the juris­ January 2, 1974. Applicants for such gaged primarily in agricultural activi­ diction of the Bureau of Mines. Based loans must furnish a copy of the law or ties are subject to the eligibility criteria upon its inspection, the Bureau of Mines regulation requiring compliance, and set forth in § 120.2(d) (9) of these rules issues a notice of deficiency or similar such other documentation as SBA may and regulations. notice to the coal mine operator. The require. (iii) Types of small business concerns. notice is the basis upon which the appli­ (4) Special Consideration— Strategic Religious, eleemosynary, and nonprofit cant determines the amount and use of Arms Economic Injury Loans. An ap­ organizations are not small business proceeds of a Coal Mine Health and plicant must be a small business con­ concerns. Gambling activities, financ­ Safety Loan necessary to correct the de­ cern and may be a small real estate ing, and those engaged in speculative ficiencies cited. A copy of the notice of developer, or a person or small firm activities, are not small business con­ deficiency from the Bureau of Mines holding realty for lease or rent for the cerns for the purpose of economic in­ must accompany any formal application production of income. jury loans. Therefore they are ineligible for a loan. All applications must be sup­ (5) Special Considerations— Base Clos­ for disaster assistance except for Physi- ported by sufficient information so that ing Loans. To qualify for a Base Closing cal-Lcxss Disaster Assistance. Small SBA will be able to determine the eco­ Loan, an applicant must be a small busi­ newspapers, radio and T V stations, and nomic life of the mine. ness concern or a small real estate devel­ similar enterprises are eligible to apply (ii) Consumer protection loans. To oper or person or small firm holding for economic injury assistance. Pawn qualify for a Consumer Protection Loan, realty for lease or rent for the produc­ shops are eligible to apply if more than an applicant must be engaged in meat, tion of income. In the case of real estate- 50 percent of income for the previous poultry, or egg processing, and be seeking related activities, such activities must year resulted from the sale of used mer­ to effect additions to or alterations in its have been the primary source of the chandise rather than interest on loans. equipment, facilities, or methods of oper­ owner’s income. Persons or firms holding realty for lease ation to meet requirements imposed by (6) Special Considerations — Emer­ or rent for the production of income, or the Egg Products Inspection Act, the gency Energy Shortage Loans. To qualify all real estate developers, are not small Wholesome Poultry Products Act, or the for an Emergency Energy Shortage business concerns for economic injury Wholesome Meat Act of 1967, or State Loan, an applicant must be a small busi­ assistance except that such persons or Laws enacted in conformity therewith, ness concern which (except for Vietnam- firms are eligible to apply for assistance if the Administration determines that Era Veterans) has been operated suc­ under the Strategic Arms or Base Clos­ such concern is likely to suffer substantial cessfully for 3 years preceding the date ing Economic Injury Assistance Pro­ economic injury without such a loan. of the loan application. Loan funds may grams. A cooperative association may The amount of the loan is limited to such be used for working capital, refinancing qualify as a small business concern if upgrading as is determined by SBA to be of debt, or to convert to a different fuel each of its members qualify as a small necessary and adequate to meet the re­ source. business concern. A consumer cooper- quirements of the appropriate law. (7) Special Considerations— Water tive will not qualify as a small business Plant Inspection. Based upon its inspec­ Pollution Control Loans, (i) To qualify concern. tion, the appropriate Federal or State for a Water Pollution Control Loan, an (iv) Substantial economic injury. As­ authority issues a notice of deficiency applicant must be a small concern seek­ sistance may be extended only to appli­ or similar notice to the firm. The notice ing to comply with standards established cants determined by SBA to have suf­ is the basis upon which the applicant under the Federal Water Pollution Con­ fered substantial economic injury. It will determines the amount and use of pro­ trol Act. (ii) Statement of Compliance. not be extended if SBA determines from ceeds of a Consumer Protection Loan As a pre-requisite to the filing of a for­ the circumstances that the applicant as­ necessary to correct the deficiencies mal loan application, the applicant must sumed the loss or possibility of loss from cited. A copy of the notice of deficiency provide SBA with a written statement from EPA or, if appropriate, the State, the disaster. Therefore, applicants shall from the inspection authority must ac­ company any formal application for a that the additions or alterations in­ not be eligible, for example, where their loan. volved are necessary and adequate to concerns have been acquired or estab­ (iii) Occupational Safety and Health comply with one or more of such appli­ lished, or where a substantial change of Loans. To- qualify for an Occupational cable requirements established under the ownership therein occurred, during or Safety and Health Loan, an applicant Federal Water Pollution Control Act. FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 RULES AND REGULATIONS 3210G

§ 123.3 Purposes o f loans. will be provided by SBA for any future ness at the new location less any funds received from disposal of equipment (a) Physical-loss disaster assistance. physical-loss disaster damage to the owned at location from which displaced; (1) The purpose of these loans is to re­ property located at the site from which (v) Increases in the cost of fixed store a victim’s home or homes (includ­ the disaster victim was relocated. SBA shall require the borrower to execute and charges, such as rents, insurance, and ing a mobile home used as a residence utility bills for a reasonable period of of the applicant) or business property record in the local office where records of property ownership are recorded a time; as nearly as possible to predisaster con­ (vi) Moving expenses not compen­ dition. A loan to an individual may be document which shall give notice of this sated for from some other source where used to repair or replace damaged or lost qualification to all subsequent purchasers and encumbrancers of real property lo­ the distance moved is less than 100 miles; furniture and other household belong­ (vii) Purchase of equipment to up­ ings or personal effects, except for irre­ cated at the disaster site. The recorded grade the business in a new location placeable or extraordinarily expensive notice of disaster disqualification may be where such upgrading is necessary. items. Funds may be used to repair or canceled (released or terminated) by the (3) Where realty is needed, no loan replace destroyed or damaged inventory, recording of a determination issued by shall provide funds which would increase machinery, or equipment. I f the disaster SBA that adequate flood control meas­ the square footage of: victim elects to construct a new home or ures have been effected to protect the (i) Land space to mpre than one-half new business facilities on a different site, property from future flood damage. the loan may be used for such purpose. (b) Substantial economic injury as­ greater than that owned or occupied prior to displacement: Provided, how­ However, any such loan shall not exceed sistance. The purpose of these loans is ever, That additional space to meet the the estimated cost of restoring or re­ solely to provide relief to small busi­ placing the damaged or destroyed prop­ ness concerns for substantial economic minimum requirement of a local building code such as for parking space may be erty, plus amounts eligible for refinanc­ injury sustained as a result of a major ing of existing liens or mortgages, and or natural disaster declared by the Presi­ approved, or where SBA finds that the SBA’s lien position shall be at least as dent or Secretary of Agriculture, or SBA type of buiiding being constructed ne­ strong as It would have been if the vic­ declared physical disaster. Personal cessitates additional land. tim had restored in the original loca­ and/or business assets must be used by (ii) Building space to more than one- tion. SBA shall cancel any loan made the applicant to the greatest extent fea­ third greater than that owned or oc­ in connection with a disaster occurring sible, without undue hardship, to alle­ cupied prior to displacement. on er after January 1,1972, and prior to viate the injury incurred. In addition, (d) Product disaster assistance. The April 20, 1973, if declared by the Pres­ private credit to the extent obtainable on purpose of these loans is to assist small ident or the SBA Administrator, but in reasonable rates and terms must be used business concerns to reestablish or to no event shall such cancellation of a prior to obtaining disaster loan assist­ continue their business when they have loan exceed $5,000 and the cancellation ance from SBA. Loans may be used for suffered substantial economic injury as shall not apply to any amount refi­ working capital and to pay financial ob­ the result of inability of such concerns to nanced. Loans made in connection with ligations which the borrower would have market or process a product because of a disaster occurring on or after April 20, been able to pay had it not been for the disease or toxicity occurring in such 1973, will not be canceled in any amount. loss of revenue resulting from the disas­ products through natural or undeter­ (2) Refinancing: Only where property ter. Unrealized net profits or a drop in mined causes, or animal disease. Loans suffers damage of 30 percent or more sales not disaster-related may not be con­ may be used to provide working capital of the market value at the time of the sidered in arriving at the amount of in­ to support the business until such time disaster, a part or all of existing liens jury incurred. No funds may be author­ as it is reestablished and to pay financial as they apply to the specific real prop­ ized which would provide for the obligations which the borrower would erty lost or damaged may be refinanced payment of any dividends, distributions, have been able to pay if it had not been, by a part of the SBA loan. Such refinanc­ bonuses, or for disbursements to owners, for the loss of revenue resulting from the ing shall be limited to an amount which partners, officers, or stockholders not di­ disaster. Financial assistance may not is no greater than the disaster-caused rectly related to the performance of be used for the replacement of equipment damage or loss in business loans, or home services. or expansion of facilities except as SBA loans approved as the result of disaster (c) Displaced business assistance. (1) may determine to be necessary or appro­ occurring on and after July 1, 1973. In The purpose of these loans is to assist priate for the concern properly to proc­ the case of a home loan, the monthly any small business concern in continuing ess a product to insure its fitness for repayment of principal and interest in business at its existing location, in human consumption. Unrealized net may not be less than the amount of such reestablishing its business, or in pur­ profits or a drop in sales not disaster- payment made prior to the refinancing chasing a business, if the Administration related may not be considered in arriv­ loan, on any loan approved as the result determines that such concern has suf­ ing at the amount of injury incurred. No of a disaster occurring prior to July 1, fered substantial economic injury as the funds may be authorized which would 1973. Refinancing of personal property result of its displacement by, or location provide for the payment of any dividends, is not permitted in disaster home loan?. in, adjacent to, or near, a federally aided distributions, bonuses, or for disburse­ Refinancing is permitted only when the urban renewal program or a highway ments .to owners, partners, officers, or uninsured (or otherwise uncompensated project or any other construction con­ stockholders, not directly related to the for) damaged property is to be repaired, structed by or with funds provided in performance of services. rehabilitated, or replaced. whole or in part by the Federal (e) Coal mine health and safety assist­ (3) Any disaster victim located in a re­ Government. ance. The purpose of these loans is to stricted building area (flood-prone, urban (2) These loans may be used toassist small coal mines to effect additions renewal, or other area where rebuilding provide: to or alterations in the equipment, facil­ is prevented by action of appropriate (i) Working capital necessary to carry ities or operating methods in order to authority) that suffers real property the concern until resumption of normal meet the requirements of the Federal damage is presumed to have sustained a operations; Coal Mine Health and Safety Act of 1969, total loss and may obtain funds for such (ii) Replacement costs to owners of if SBA determines that such coal mine purposes as are prescribed in paragraph realty less net amounts received for in­ is likely to suffer substantial economic ( a ) ( 1) of this section and such other demnification of the realty from which injury without SBA assistance. Working funds as may be determined necessary the owners have been displaced; capital may be provided to: by SBA to reestablish the borrower’s (iii) Funds for nonowners of the (1) Replace working capital expanded real property at the new location. In any premises from which displaced to pur­ incidentally for compliance, such as situation where physical-loss disaster as­ chase or construct premises if no suitable meeting construction time limits; sistance is provided to relocate real prop­ rental property is available; (2) Furnish funds, when construction erty outside of a flood disaster-prone (iv) Purchase of machinery and is involved and the operations are there­ area, no future flood disaster assistance equipment necessary to carry on busi- by curtailed, to meet continuing fixed

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 321CH RULES AND REGULATIONS costs such as payment on equipment of the proposal for either voluntary com­ capital and to pay financial obligations notes or mortgage payments; pliance or corrections of violations of which the concern would have been able (3) Help finance startup costs; standards established pursuant to the to meet if it had not lost income because (4) Finance changes in methods of op­ Occupational Safety and Health Act. of the base closing or reduction at the eration required by examining authori­ (h) Aid to major sources of employ­ military installation. Proceeds may also ties. Approval of these loans is contin­ ment. The purpose of loans authorized be used for relocating the business, start­ gent upon receipt by SBA of a notice of under section 237 of the Disaster Relief ing a new business, or refinancing exist­ deficiency from the Bureau of Mines, and Act of 1970 is to enable an industrial or ing indebtedness. the opinion from the Bureau that upon commercial enterprise, which consti­ (1) Water Pollution Control Assistance. completion of the additions or altera­ tuted a major source of employment in The purpose is to assist small business tions proposed in the loan application, an area suffering a major disaster de­ concerns to effect additions to or altera­ the coal mine will be in compliance with clared by the President, and which is no tions in the equipment, facilities (includ­ the provisions of the Federal Coal Mine longer in substantial operation as a re­ ing the construction of * pretreatment Health and Safety Act of 1969. sult of such disaster, to resume opera­ facilities and interceptor sewers), or (f) Consumer protection assistance. tions in order to assist in restoring the methods of operation to meet water pol­ (1) The purpose of these loans is to economic viability of the disaster area. lution control requirements established assist small business concerns to effect A major source of employment as used in under the Federal Water Pollution Con­ additions to or alterations in the equip­ this part is defined as; trol Act, if SBA determines that such ment, facilities, or methods of operation (1) A concern which employed 10 per­ concern is likely to suffer substantial of such concern to meet requirements cent or more of the entire work force of a economic injury without SBA assist­ established pursuant to the Egg Prod­ geographically identifiable community, ance. Funds may be loaned for the pur­ ucts Inspection Act of 1970, the Whole­ no larger than a county; or poses stated in paragraph (e )(i), (ii), some Meat Act of 1967, and the Whole­ (2) A concern which employed 10 per­ and (iv) of this paragraph. Approval of some Poultry Products Act of 1968, if cent, or more of the total work force in these loans is contingent upon receipt SBA determines that such concern is an industry within the major disaster by SBA of a written statement by EPA likely to suffer substantial economic in­ area; or or, if appropriate, the State, that the jury without SBA assistance. (3) Any business firm within the additions or alterations involved are nec­ (2) Construction funds may be loanedmajor disaster area which employed 1,000 essary and adequate to comply with one to: or more employees. or more of such applicable requirements (i) Construct a new building, even (i) Strategic arms economic injury established under the Federal Water in a new location, to replace an old assistance. The purpose of these loans is Pollution Control Act. to assist or to refinance the existing building where remodeling is not feas­ § 123.4 Where to apply. ible; or to replace rented quarters when indebtedness of any small business con­ needed rental arrangements cannot be cern directly and seriously affected by A single copy of an application on a obtained. Upgrading may not exceed the the significant reduction of the scope or form provided by SBA may be filed with corresponding criteria in paragraph (c) amount of Federal support for any proj­ the Regional or District Office, or Dis­ ect as a result of any international agree­ (3) of this section; aster Branch Office, if one has been es­ ment limiting the development of strate­ tablished, which is most convenient to (ii) Comply with inspection author­ gic arms or the installation of strategic the applicant. If a bank is participating ity requirements issued to a new plant arms or strategic arms facilities, if two copies of the application should be already under construction on Janu­ SBA determines that such concern is filed with the bank which will send-one ary 1, 1971, and owned by a concern not likely to suffer substantial economic in­ copy to SBA. previously involved in the activity in jury without SBA assistance. Loan pro­ which it intends to engage, but falling ceeds may be used for working capital § 123.5 Amount o f loan and interest within the control of any one of the con­ and to pay financial obligations which rates. sumer protection acts. Working capital the applicant would have been able to (a) The amount of any disaster loan may be provided for the purposes stated meet if he had not lost income because of shall not exceed the actual physical loss in paragraph (e), (i), (ii), (iii), and significant reduction of the scope or or economic injury suffered as a result of (iv) of this section. Approval of these amount of Federal support for the stra­ a disaster except as may be permitted loans is contingent upon receipt by SBA tegic arms project. under § 123.3 (a ), (2), (3), (c), (e), (f); of a letter of survey to the plant oper­ (j) Emergency Energy Shortage Loans. (g), (h ), (i), (j), (k), and (1). ator from the U.S. Department of Agri­ The purpose of these loans is to assist ~ (1) (i) SBA’s share of a direct or im­ culture or appropriate State authority, small business concerns which have been mediate participation loan to any small and an acceptance of the operator’s pro­ or are likely to be seriously and adversely business concern and/or any of its affili­ posal for correcting the deficiencies cov­ affected by a shortage of fuel, electrical ates shall not exceed $500,000 in the ered by the letter, from the agricultural energy, energy producing resources, or aggregate for any one disaster, except inspection authority. raw or processed materials. Proceeds of in those cases where the Administrator (g) Occupational safety and health the loans may be used to: ( 1) meet busi­ finds substantial hardship. assistance. The purpose is to assist small ness obligations which could otherwise (ii) Such dollar limitation also applies business concerns to adequately and effi­ have been met; (2 ) finance changes in ciently effect additions to or alterations methods of operation to convert to an to loans made to any other entity eligi­ in the equipment, facilities, or operating adequate energy supply source; (3) fi­ ble to receive disaster assistance other methods of such business, in order to nance changes in other methods of op­ than homeowners and householders. comply with the applicable standards eration which will allow for continued Provided, however, the foregoing dollar limitations do not apply to economic in­ issued pursuant to section 6 of the Occu­ existence of the business; (4) furnish pational Safety and Health Act of 1970, funds to meet continuing fixed costs; jury loans as described under § 123.3 (b ), or adopted by a State pursuant to a plan (5) refinance short term debt; (6) fur­ (c), (d), (e), (f), (g), (i), (j), (k), or approved under section 18 of .that Act, if nish funds to bring and keep current (1), nor to loans made under § 123.3(h). SBA determines that such concern is payments required on long term debt (2) SBA’s share in a direct or in an im­ likely to suffer substantial'economic in-, against fixed assets, for a reasonable mediate participation loan to any home- jury without SBA assistance. Construc­ period of time; (7) provide for working owner, including all members of the tion funds may be loaned for the pur­ capital; (8) refund loans from other household, shall not exceed $50,000 for poses stated in paragraph (f ) (2) (i) and lenders when the terms are too burden­ repair or replacement of the land or (ii) of this section. Working capital may some for the small concern, or when building, and shall not exceed $10,000 to be provided for the purposes stated in such loans were for short term to meet repair or replace household goods and paragraph (e) (i), (ii), (iii), and (iv) of the emergency situation. personal items: Provided, however, That this section. Approval of these loans is (k) Base Closing Assistance. The pur­ SBA’s share of any such loan or loans contingent upon the receipt by SBA of pose of base closing loans is to assist to repair or replace a home and house­ an approval of the compliance authority small concerns by providing working hold goods for any homeowner shall

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 RULES AND REGULATIONS 32101 not exceed $55,000 in the aggregate for January 1, 1972, and prior to April 20, available to the borrower. I f all of these any one disaster, excluding eligible re­ 1973, except that loans made in connec­ conditions do not exist at the time of financing in an amount not to exceed tion with natural disasters declared only disbursement, the borrower must agree the lesser of the physical damage to the by the Secretary of Agriculture and to purchase flood insurance at such time real property or the amount of loan made which occurred during this period shall during the life of the loan as the insur­ to repair such property. Persons bear an interest rate of 3 percent per ance becomes available. living in a damaged home who are annum; and at a rate not to exceed 5 § 123.8 Repayment. not dependents of the homeowner may. percent per annum on loans made in also apply for disaster assistance for per­ connection with disasters occurring on (a) Generally, disaster loans shall be sonal property loss, up to $10,000. The or after April 20, 1973. In any loan made repaid in monthly installments begin­ cancellation feature, up to $5,000; ap­ under this subsection, except for loans ning not later than 5 months from the plies to these loans as well as to loans to approved as the result of disasters oc­ date of the note. For loans made under the homeowner, for disasters occurring curring prior to July 1, 1973, deferment sections 7(b) (1),, (2), and (4) of the between January 1, 1972, and April 20, may be made in payments of principal Small Business Act, payments of princi­ 1973. or interest, or both, for a period not to pal or interest, or both, may be deferred (3) SBA’s share of immediate partici­ exceed 3 years. In participation or during the first 3 years of the term pation loans shall not exceed 90 percent guaranteed loans, the interest rate on of the loan. The maturity of the loan will of the loan. In guaranteed loans, the ex­ the participating institution’s share shall be geared to the borrower’s ability to re­ posure of SBA under the guaranty may be at a rate considered as reasonable by pay. Final maturity of the loan shall not exceed 90 percent of the unpaid prin­ SBA at the time of approval. not exceed 30 years. During a deferment cipal balance and accrued interest. (2) For Disaster relief as describedperiod SBA may, upon request of the (4) A guranteed loan (wherein the en­ under § 123.1(b), (2), (4), (5), (6), (7), participant in the loan, purchase its and ( ), interest on SBA’s share of fi­ tire loan is disbursed by a private lend­ 8 participation. I f necessary to avoid de­ nancial assistance shall be at a rate de­ ing institution) may be made, in addition fault, SBA may assume the borrower’s termined by SBA in conformity with the to the direct loan, for the total amount obligation to the participant for the statutory formula set forth in the Small balance of the deferment period, provided of an applicant’s physical loss or the Business Act, as amended, except that econoinic injury suffered, only if the ap­ the borrower agrees to reimburse SBA in no case shall the interest rate charged for such payments. In addition, for dis­ plicant has utilized funds available from on loans made under § 123.1(b) (4) be its own resources and the proceeds of asters occurring on or after January 1, lower than on loans made under § 123.1 1972, but prior to July 1, 1973, in case of insurance or condemnation awards. Such (a). Interest on the participating in­ guaranteed disaster loans in conjunction a home loan to an individual who by rea­ stitution’s share shall be at a rate con­ son of retirement, disability, or other with or exclusive of a direct loan shall sidered by SBA to be legal and reason­ not exceed the full amount of such loss similar circumstances relies for support able. on survivor, disability, or retirement or economic injury, except to the ex­ (d) Major sources of employment. In tent of allowable refinancing. benefits under a pension, insurance, or the case of a major disaster declaration other'program, SBA may consent to the (5) Where an applicant’s total phys­ by the President, Physical-Loss Disaster ical loss or economic injury exceeds the suspension of the payments of principal Assistance and Substantial Economic In ­ during the lifetime of the individual and dollar limitations imposed in this para­ jury Assistance Loans may be made graph on SBA’s share of direct or im­ his spouse for so long as SBA determines without dollar limitations, to any non- that making such payments would mediate participation disaster loans, agricultural enterprise which has been then the balance of such loss may be constitute, a substantial hardship. a major source of employment and is no (b) Displaced business loans may have assisted by a guaranteed loan. SBA’s longer in substantial operation, to enable other repayment terms if circumstances participation in or guaranty of any dis­ such enterprise to resume operations and indicate the need, including ( ) a mora­ aster loan may not exceed 90 percent of restore the economy of the area. Loan 1 the total amount of the loan. payments may be deferred for a period torium on principal payment (not inter­ (b) In physical-loss disaster assist­ of 3 years. est) not exceeding the 12 months which immediately follow disbursement; (2 ) ance, all direct and indirect costs attrib­ § 123.6 Collateral. utable to restoring, rehabilitating, or small amortization payments during the replacing property damaged or destroyed (a) The Small Business Act, as first few years, increasing in later years; by the disaster, including necessary up­ amended, contains no specific require­ or (3) any other reasonable terms to fit grading in order to comply with codes ments with respect to collateral as se­ the applicant’s individual circumstances. existing and enforceable at the time of curity for a disaster loan, nor has SBA (c) Except as described elsewhere in the disaster, or the time of the issuance established any rigid rule in regard to paragraphs (a) and (b) of this section, of the building permit, will be considered collateral. However, SBA requires appli­ and in the case of borrowers whose in­ by SBA in determining the amount of cants to pledge whatever collateral they come is received on an annual or seasonal loan. An SBA disaster loan may not in­ can furnish. SBA will give consideration basis, all loans shall be repaid in equal clude any amount to cover losses which to the moral risk involved and to evi­ monthly installments which will include have been compensated for by insurance dence showing a reasonable prospect principal and interest. . or other sources, or other relief- sources, that the loan will be repaid. § 123.9 Step-by-step procedure for dis­ such as the American Red Cross. Sums (b) Evaluation of collateral: In dis­ aster loan applicant. paid to a disaster victim subsequent to aster loan cases the same general ap­ his filing an application by insurance proach to establishing values will be (a) An applicant for physical-loss dis­ companies representing the indemnifica­ used as for business loans keeping in aster assistance shall: tion of loss in whole or in part for which mind the emergency and the urgency (1) Make a list of his damaged, de­ the disaster victim is requesting SBA fi­ incident to a disaster loan. stroyed, or lost. property showing in as much detail as possible the extent of nancial assistance shall be paid by the § 123.7 Federal flood insurance. borrower to the SBA for the reduction damage or loss, and, if possible, original of his loan. Applicants for SBA loans under this cost of the property, desired to be re­ (c) Interest rates on disaster loans are Part 123 must purchase Federal flood paired or replaced recognizing that the as follows: insurance prior to disbursement of the burden of proof of loss is on the ap­ (1) For disaster relief described underloan when the following conditions plicant; § 123.1(a), (b), (1), and (3), the in­ exist: (2) When deemed appropriate by SBA, terest rate shall be as follows: On SBA’s (a) the property to be constructed orobtain from a reliable contractor, sup­ share of financial assistance, interest repaired is located in a floodprone area plier, or repairman, as appropriate, a as identified by the Federal Insurance shall be 3 percent per annum for dis­ signed estimate (in duplicate) of the cost asters occurring between January 1 and Administration; (b) the property is December 31, 1971; at 1 percent per an­ within a special hazard area on an FIA of repairing damaged property or of re­ num for disasters occurring between map; and (c) Federal flood insurance is placing property which has been lost or

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3210J RULES AND REGULATIONS damaged beyond repair, for which funds (3) List all payables which are delin­ lished under the Federal Water Pollu­ are requested ; quent; tion Control Act. (3) Make an overall estimate of his (4) List any additional or replacement (k) Any entity other than a home- losses; equipment that will be required reason­ owner applying for SBA disaster assist­ (4) Prepare a list of both his debts and ably to upgrade operations in new loca­ ance must agree not to discriminate on assets and a financial statement; tion, with allowances for any other re­ the basis of race, color, sex, or national (5) If the proposed loan is to rehabili­ coveries from disposal or trade-in of ex­ origin, including but not limited to em­ tate his business, prepare a record of his isting equipment; ployment practices. See Parts 112 and business earnings and expenditures for (5) Advise if additional inventories 113 of these rules and regulations. the 3 years preceding and make a profit will be required or if different grades of § 123.10 Cooperation with American and loss statement; items must be carried to meet demands of Red Cross. (6) Obtain a disaster loan application new location and effect on working capi­ form from a local bank or the nearest tal position; In its physical-loss program of assist­ SBA office; (6) Furnish proj ection of sales, normal ance to disaster victims, SBA maintains (7) Furnish the “Applicant’s Agree­ percentage of profits, and fixed expense, close coordination with the American ment of Compliance,” SBA Form 601 (see for a period of approximately 2 years Red Cross. In many cases, rehabilita­ § 122.1(f) of this chapter) if such loan following relocation in order to establish tion assistance is given jointly by the results in the alteration, rehabilitation, reasonable ability to repay loan; Red Cross and SBA with part of the ap­ construction, coversion, extension, or re­ (7) Make a list of collateral to be of­ plicant’s losses being covered by a grant pair of buildings, or other improvements fered as security for repayment of the from the Red Cross and part by a loan to real estate, where the contract exceeds loan, showing in detail any existing ob­ through SBA. $ 10,000. ligations or liens against such collateral; § 123.11 State grants. (8) Submit such other information as (8) Furnish the “Applicant’s Agree­ SBA may require in order to verify or ment of Compliance,” SBA Form 601 if Under I*ub. L. 93-288 States may au­ support the information on hand to per­ such loan results in the alteration, re­ thorize grants up to $5,000 to certain mit an application to be properly eval­ habilitation, construction, conversion, disaster victims in Presidentially de­ uated and acted upon, including the extension, or repair of buildings or other clared disasters. Disaster victims (a) names and addresses of any persons hav­ improvements to real property, where who sustain only personal property ing an interest in the lost or damaged the contract exceeds $10,000; damage and (b) who are unemployed property, and the names and addresses vd) An applicant for Coal Mine Health and whose principal source of income of any persons who sustained a separate and Safety Assistance shall follow the (over 50 percent), is derived solely from loss at the applicant’s location and who procedures in paragraph (b) of this sec­ welfare payments, or social security pay­ may file a separate application. tion, and in addition shall furnish a no­ ments, are presumed to lack ability to (9) Submit the above information to tice of deficiency from the Bureau of repay an SBA loan. Such persons are therefore deemed to be ineligible for SBA the nearest SBA disaster or other field Mines. loan assistance. Such persons shall be office, preferably in person, within the (e) An applicant for Consumer Pro­ immediately referred to state represent­ time limit established for the filing of tection Assistance shall follow the pro­ atives who are charged with the duty of applications. SBA will accept applica­ cedures in paragraph (b) of the sec­ tion, and in addition shall furnish a let­ processing state grants. However, those tions after such time limit only when disaster victims who desire to do so may SBA determines that an extreme hard­ ter of survey from the U.S. Department of Agriculture or appropriate State au­ file a formal application with the SBA ship existed and the late filing was the in order to obtain a formal decision con­ result of causes substantially beyond thority. (f) An applicant for Occupational cerning their eligibility or ineligibility the control of the applicant. for financial assistance from the SBA. (b) An applicant for Substantial Safety and Health Assistance shall fol­ low the procedures in paragraph (b) of Disaster victims who meet the income Economic Injury or Product Disaster criteria above and who have real estate Assistance shall: this section, and in addition shall fur­ nish an approval of the compliance au­ damage should apply for SBA disaster (1) Furnish a statement of the ex­ assistance. When repayment ability is tent to which his business has been in­ thority of the proposal for either volun­ tary compliance or corrections of viola­ totally lacking or very marginal, the ap­ jured by the disaster conditions; plication must be declined. (2) For purposes of comparison, fur­ tions of standards established pursuant nish financial and operating conditions to the Occupational Safety and Health § 123.12 Obtaining loan funds. Act. covering the current period and a 12 (a) Once a disaster loan has been ap­ (g) An applicant for Strategic Arms month period of normal operations prior proved by SBA, the disaster victim may to the disaster; Economic Injury Assistance shall fol­ low the procedures in paragraph (b) of obtain the loan funds upon compliance (3) List any accounts and notes re­ with conditions of SBA’s loan authoriza­ ceivable which are delinquent due to the this section, and in applicable cases ex­ tion. plain fully the need for any refinancing disaster conditions; (b) If the approved loan is an im­ (4) Explain fully the reasons for any of debt owed by the applicant. (h) An applicant for Emergency En­ mediate participation or guaranteed abnormally large and burdensome in­ loan, the bank will notify the disaster ventories; ergy Shortage Assistance shall follow the procedures in paragraph (b) of this victim of the loan approval, terms and (5) List all payables which are delin­ conditions, and arrange with him for quent due to the disaster as well as cur­ section, and in applicable cases explain fully the need for any refinancing of actual closing of the loan. rent accruals; (c) I f the loan is a direct loan, the dis­ (6) Point out any adopted or planned debt owed by the applicant. (i) An applicant for Base Closing As­ aster victim will be notified by SBA of economies in operation designed to re­ the loan approval, terms and conditions. duce costs of doing a lessened volume of sistance shall follow the procedures in business. paragraph (b) of this section. § 123.13 Administration o f loans. (j) An applicant for Water Pollution (c) An applicant for Displaced Busi­ Control Assistance shall follow the pro­ Participation and guaranteed loans ness Disaster Assistance shall: cedures in paragraph (b) of this section, closed by the bank will be administered (1) Finnish financial and operating and in addition shall furnish a written by the bank, and participation or direct statements for the current years to date Statement issued by the Environmental loans closed by SBA will be administered and for the past 3 fiscal or calendar Protection Agency (or if appropriate the by SBA. years; State) certifying that the additions, al­ § 123.14 Fees and charges. (2) Furnish figures on actual or con­ terations, or methods of operation are templated reduction or loss of income (a) Service fees. No service fees shall and profits and estimate of period of time necessary and adequate to comply with be charged by participating institutions income and profits will be reduced; pollution control requirements estab­ for loans described in £123.1 (a ), (b ),

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 RULES AND REGULATIONS 3210K

(1), and (3). For loans described in § 123.18 Compliance with consumer [Airspace Docket No. 75-SO-l] § 123.1 (b), (2), (4), (5), ( 6), (7), and protection laws. PART 71— DESIGNATION OF FEDERAL (8), a service fee is permitted for those Any recipient of an approved disaster AIRWAYS, AREA LOW ROUTES, CON­ financial institutions servicing Immedi­ loan for any noncommercial purpose and TROLLED AIRSPACE, AND REPORTING ate participation loans, or deferred par­ for which security is required shall be POINTS ticipation loans where SEA has pur­ entitled to rescind said loan pursuant to Alteration of Control Zone chased its portion, on loans approved on the Consumer Credit Protection Act, or after July 1, 1969. The participating Public Law 90-321, and Regulation Z of The purpose of this amendment to Part 71 of the Federal Aviation Regula­ institution may deduct, only out of in­ the Federal Reserve Board, 12 CFR Part tions is to alter the Anniston, Ala., con­ terest collected for the account of SBA, 226. a service fee of three-eighths of 1 percent trol zone. (Catalog of Federal Domestic Assistance Pro­ The Anniston control zone 1° described per annum where the SBA’s share is 75 gram Nos. 59.001, 59.002, 59.008, 59.010, 59.014, percent or less or of one-fourth of 1 in § 71.171 (40 FR 354). In the descrip­ 59.017, 59.018, 59.020, 59.022, 59.023, and tion, an extension is predicated on the percent where SBA’s share is more than 59.024) 75 percent. Such fees arc permitted only Talladega VOR 085° radial. Since the so long as the participating institution Dated January 15, 1975. VOR A Instrument Approach Procedure to Anniston-Calhoun County Airport has is servicing the loan. This fee shall not T h o m a s S. K l e p p e , be added to any amount which borrower Administrator. been cancelled, this extension is no longer required. It is necessary to amend the is obligated to pay under the loan. Par­ [FR Doc.75-1834 Filed 1-17-75;8:45 am] ticipating institution shall not make a description to delete this extension. Since service Charge to borrower for handling this amendment is less restrictive in na­ Title 14— Aeronautics and Space construction loans or accounts receivable ture, notice and public procedure hereon and inventory collateral. CHAPTER I— FEDERAL AVIATION ADMIN­ are unnecessary. (b) Guaranty charge. A guaranty fee ISTRATION, DEPARTMENT OF TRANS­ In consideration of the aforegoing, Part will be charged to the lendtr with respect PORTATION 71 of the Federal Aviation Regulations is to all guaranteed disaster loans as is [Airspace Docket No. 74—WE—20] amended, effective immediately, as here­ set forth for business loans in § 120.3 (b ), inafter set forth. PART 71— DESIGNATION OF FEDERAL In § 71.171 (40 FR 354), the Anniston, except that no fee will be charged in AIRWAYS, AREA LOW ROUTES, CON­ those cases where the lender elects to Ala., control zone is amended as follows: TROLLED AIRSPACE, AND REPORTING “ within 1.5 miles each side of Talladega charge an interest rate of 5 % percent or POINTS less on the loan. VOR 085° radial, extending from the 5- (c) Closing fee. No closing fee will be Alteration of Transition Area mile radius zone to the VO R;’’ is deleted from the description. charged with respect to closing of any On December 6, 1974 a notice of pro­ disaster loan authorized in this part. posed rule making was published in the (Sec. 307(a), Federal Aviation Act of 1958 (49 U.S.C. 1348(a) ); sec. 6 (c ), Department of F ederal R eg ister (39 FR 42696) stating § 123.15 Extension o f loans, including Transportation Act (49 TJ.S.C. 1655(c))) RFC loans. that the Federal Aviation Administration was considering an amendment to Part Issued in East Point, Ga., on January 9, Actions taken by SBA pursuant to 71 of the Federal Aviation Regulations 1975. the authority of section 7 (c)(1 ) of the that would alter the description of the P h i l l i p M . S w a t e k , Small Business Act, as amended, are Santa Ynez, California Transition Area. Director, Southern Region. limited to such periods of time as appear Interested persons were given 30 days [FR Doc.75-1691 Filed 1-17-75; 8:45 am] necessary to avoid the forced liquida­ in which to submit written comments, tion of loans. Generally, a sequence of suggestions or objections. No objections short extensions will be granted rather Title 24— Housing and Urban have been received and the proposed Development than one lengthy one. Extensions are amendment is hereby adopted without only granted under this section when it change. CHAPTER III— GOVERNMENT NATIONAL appears that no other course of action Effective date. This amendment shall MORTGAGE ASSOCIATION, DEPART­ will result in a greater and earlier recov­ MENT OF HOUSING AND URBAN DE­ ery of the indebtedness. No such exten­ be effective 0901 G.m.t., March 27, 1975. VELOPMENT sion may be made on any loan having a (Sec. 307(a) , Federal Aviation Act of 1958, SUBCHAPTER A— INTRODUCTION maturity in excess of 20 years. as amended, (49 U.S.C. 1348(a)); sec. 6 (c), Department of Transportation Act (49 U.S.C. [Docket No. R-74^210] § 123.16 Restriction against loans to 1655(c)) PART 300— GENERAL certain felons. Issued in Los Angeles, California, on List of Attorneys-in-Fact No person who has been convicted of January 10, 1975. committing a felony during and in con­ Correction L y n n L. H i n k , nection with a riot or civil disorder shall In FR Doc. 74-23780 appearing at page be permitted, for a period of 1 year after Acting Director, Western Region. 36583 in the issue of Friday, October 11, the date of his conviction, to receive any 1974, in the list of attorneys-in-fact in benefit under any law of the United In § 71.181 (40 FR 441) the description § 300.11(c) the name now reading “ Jose States providing relief for disaster of the Santa Ynez, Calif. Transition area Sotor, Jr.” should read “ Jose Soto, Jr.” victims.- is amended to read as follows: § 123.17 Certification o f use of loan Santa Y n e z, Calif. Title 28— Judicial Administration proceeds. That airspace extending upward from 700 CHAPTER I— DEPARTMENT OF JUSTICE Recipients of SBA disaster loans de­ feet above the surface within a 5-mile radius PART 4a— PROCEDURES GOVERNING scribed in § 123.1(a), (b), (1), and (3) of Santa Ynez Airport (latitude 34°36'25'' N„ APPLICATIONS FOR CERTIFICATES OF are required to file a certification, and longitude 120°04'30" W.), within 5 miles EXEMPTION UNDER THE EMPLOYEE evidence in support of such certification, each side of the Santa Barbara VORTAC 291® RETIREMENT INCOME SECURITY ACT that the loan proceeds have been prop­ radial extending from the 5-mile radius area OF 1974 erly used. Any loan recipient who wrong­ fully misapplies such loan proceeds shall to 35 miles west of the VORTAC and within Emergency Regulations be civilly liable to the SBA Adminis­ 1.5 miles each side of the Gaviota VORTAC Section 411(a) of the Employee Re­ trator in an amount equal to one and 009° and 178° radials from the five mile tirement Income Security Act of 1974 one-half times the original principal radius area to 1 mile south of the VORTAC. prohibits any person convicted of any of amount of the loan. [FR Doc.75-1692 Filed 1-17-75;8:45 am ] certain specified crimes from serving or

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3210L RULES AND REGULATIONS being permitted to serve as an adminis­ apply to the Board for a Certificate of (7) Veterans’ Administration claim trator, fiduciary, officer, trustee, custo­ Exemption from such a prohibition. number and regional office handling dian, counsel, agent, or employee of any § 4a.3. Contents o f application. claim, if any. employee benefit plan or as a consultant (8) A listing (not including traffic to any employee benefit plan for a period A person applying for a Certificate of offenses for which a fine of not more of five years after his conviction or the Exemption shall file with the Office of than $25 was imposed or collateral of not end of his imprisonment for such offense, General Counsel, U.S. Board of Parole, more than $25 was forfeited) by date and unless he is granted a certificate of ex­ 320 First Street, NW., Washington, D.C. place of all arrests, convictions for fel­ emption by the Board of Parole. Emer­ 20537, a signed application under oath, onies, misdemeanors, or offenses and all gency regulations are hereby adopted to in 10 copies, which shall set forth clearly imprisonment or jail terms resulting establish procedures for processing ap­ and completely the following informa­ therefrom, together with a statement of plications for such certificates of exemp­ tion: the circumstances of each violation tion. Because of the need for emergency (a) The name and address of the ap­ which led to arrest or conviction. operating regulations to process cases of plicant and any other names used by (9) Whether applicant was ever on persons presently barred from employ­ the applicant and dates of such use. probation or parole, and if so the names ment by the Act, the Board finds under (b) A statement of all convictions and of the courts by which convicted and 5 U.S.C. 553(b) (3) (B) that notice and imprisonments which prohibit the appli­ the dates of conviction. public procedure are impracticable for cant’s service under the provisions of (10) Names and locations of all em­ these regulations. section 411(a) of the Act. ployee benefit plans and all labor organi­ This Part 4a shall become effective on (c) Whether any citizenship rights zations or employer groups with which January 20, 1975. were revoked as a result of conviction or the applicant has ever been associated Sec. imprisonment and if so the name of the or employed and all employers or em­ 4 a. 1 Definitions. court and date of judgment thereof and ployee benefit plans which he has ad­ 4>a.2 Who may apply for Certificate of Ex­ the extent to which such rights have been vised or represented concerning em­ emption. restored. 4a.3 Contents of application. ployee organizing concerted activi­ (d) The name and location of the em­ ties, or collective bargaining activities, 4a.4 Supporting affidavits; additional in­ ployer and a description of the office or formation. together with a description of the duties 4a.5 Character endorsements. paid position, including the duties performed in each such employment or 4a.6 Institution of proceedings. thereof, for which a Certificate of Ex­ association. 4a.7 Notice of hearing. emption is sought. (11) A statement of applicant’s net 4a.8 Hearing. (e) A full explanation of the reasons worth, including all assets held by him or 4a.9 Representation. or grounds relied upon to establish that 4a. 10 Waiver of oral hearing. in the names of others for him, the the applicant’s service in the office or amount of each liability owed by him or 4a.ll Appearance; testimony; cross-exami­ employment for which a Certificate of nation. by him together with any other person, 4a.l2 Evidence which may he excluded. Exemption is sought would not be con­ and the amount and source of all income 4a.l3 Record for decision. trary to the purposes of the Act. during the immediately preceding five 4a.14 Examiner’s recommended decision; (f) A statement that the applicant years. ' exceptions thereto; oral argument does not, for the purpose of the pro­ ( 12) Any other information which the before Board. ceeding, contest the validity of any con­ applicant feels will assist the Board in 4a.l5 Certificate of Exemption. viction. 4a.16 Rejection of application. making its determination. § 4a.4 Supporting affidavit ; additional (b) The Board may require of the ap­ Au t h o r it y : Sec. 411 of the Employee Re­ information. plicant such additional information as it tirement Income Act of 1974, Pub. L. 93-406, and the Administrative Procedure Act, 5 (а) Each application filed with the deems appropriate for the proper con­ Ü.S.C. 551-559. sideration and disposition of his applica­ Board must be accompanied by a signed tion. Cross R eference: For Organization State­ affidavit, in 10 copies, setting forth the ment, Board of Parole, see Subpart V of Part following concerning the personal -his­ § 4a.5 Character endorsements. O of this chapter. tory of the applicant: Each application filed with the Board § 4a.1 Definitions. (1) Place and date of birth: I f the must be accompanied by letters or other applicant was not bom in the United forms of statement (in three copies) As used in this part: States, the time of first entry and port (a) “Act” means the Employee Re­ from six persons attesting to the charac­ of entry, whether he is a citizen of the ter and reputation of the applicant. Such tirement Income Security Act of 1974 United States, and if naturalized, when, (Pub. L. 93-406). persons shall not include relatives by where and how he became naturalized blood or marriage, prospective employ­ (b) “Board” means the United States and the number of his Certificate of Board of Parole. N aturalization. ers, or persons serving in any official ca­ pacity with any employee benefit plan, (c) “Secretary” means the Secretary (2) Extent of education, including of Labor or his designee. labor organization, group or association names of schools attended. of employers dealing with labor organi­ (d) “ Employer” means the employee (3) History of marital and family zations or industrial labor relations benefit plan with which an applicant status, including a statement as to group. under § 4a.2 desires to serve in a capacity whether any relatives by blood or for which he is ineligible under section marriage are currently serving in any § 4a.6 Institution of proceedings. capacity with any employee benefit plan 411(a) of the Act. All applications and supporting docu­ or with any labor organization, group or (e) All other terms used in this part ments received by the Board shall be shall have the same meaning as identical association of employers dealing with or comparable terms when those terms labor organizations or industrial labor reviewed for completeness by the Office are used in the Employee Retirement relations group, or currently advising or of General Counsel of the Board and Security Act of 1974 (Pub. L. 93-406). representing any employer with respect if complete and fully in compliance with to employee organizing concerted activ­ the regulations of this part the Office of § 4a.2 Who may apply for certificate o f ities, or collective bargaining activities; General Counsel shall accept them for exemption. (4) Present employment, including Any person who has been convicted of office or offices held, with a description filing. any of the crimes enumerated in section of the duties thereof. § 4a.7 Notice o f hearing. 411(a) of the Act whose service, present (5) History of employment, including or prospective, as described in that sec­ military service, in chronological order. Upon the filing of an application, the tion is or would be prohibited by that ( б) Licenses held, at the present time Board shall: section because of such a conviction or a or at any time in the past five years, to (a) Set the application for hearing on prison term resulting therefrom may possess or carry firearms. a date within a reasonable time after its

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 RULES AND REGULATIONS 3210M filing and notify by certified mail the § 4a. 11 Appearance; testimony; cross- Title 29— Labor applicant of such date; examination. CHAPTER XIV— EQUAL EMPLOYMENT (b) Give notice, as required by sec­ (a) The applicant shall appear and, OPPORTUNITY COMMISSION tion 411(a) of the Act, to the appro­ except as otherwise provided in § 4a.10 priate State, County, or Federal prose­ PART 1601— PROCEDURAL shall testify at the hearing and may REGULATIONS cuting officials in the jurisdiction or cross-examine witnesses. jurisdictions in which the applicant was (b) The Secretary and others to whom Deferral of Employment Discrimination convicted that an application for a Cer­ notice has been sent pursuant to § 4a.7 Charges tificate of Exemption has been filed and shall be afforded an opportunity to ap­ By virtue of the authority vested in it the date for hearing thereon; and pear and present evidence and cross- by section 713(a) of Title V II of the Civil (c) Notify the Secretary that an ap­ examine witnesses, at any hearing. Rights Act of 1964, as amended, 42 U.S.C. plication has been filed and the date (c) In the discretion of the Board or 2000e-12(a), 78 Stat. 265, the Equal for hearing thereon and furnish him a presiding officer, other witnesses may Employment Opportunity Commission copy of the application and a copy of the testify at the hearing. (hereinafter referred to as the Commis­ supporting affidavit, sion) hereby amends Title 29, Chapter § 4a.12 Evidence which may be ex­ § 4a.8 Hearing. cluded. XIV, Part 1601 of the Code of Federal Regulations. The hearing on the application shall The Board or officer presiding at the The amendments set forth changes be held at the offices of the Board in hearing may exclude irrelevant, imma­ necessary to implement section 706 of the Washington, D.C., or elsewhere as the terial, or unduly repetitious evidence. ^Act which requires the deferral of Board may direct. The hearing shall be § 4a. 13 Record for decision. charges of alleged unlawful employment held before the Board, before one or practices to appropriate State and local more members of the Board, or before The application, the supporting affi­ authorities (706(c) ) and the according by one or more examiners appointed as davit and the transcript of the testimony the Commission of “substantial weight” provided by section 11 of the Adminis­ and oral argument at the hearing, to­ to final findings and orders made by trative Procedure Act (5 U.S-C. 3105) gether with any exhibits received, shall State and local authorities (706(b) ). The as the Board by order shall determine. be made parts of the record for decision. amendments necessitated conforming Hearings shall be conducted in accord­ changes in the procedures for withdrawal ance with sections 7 and 8 of the Ad­ § 4a.14 Examiner’s recommended de­ cision ; exceptions thereto ; oral argu­ of designation of “ 706 Agencies” , and ministrative Procedure Act (5 U.S.C. provide for withdrawal of designation 556, 557). ment before Board. Whenever the hearing is conducted by only upon the motion of the Commission. § 4a.9 Representation. an examiner, at the conclusion of the This does not prevent an individual or an organization from requesting ’ the The applicant may be represented be­ hearing he shall submit a recommended fore the Board by any person who is a decision to the Board, which shall in­ Commission to initiate withdrawal pro­ member in good standing of the bar of clude a statement of findings and con­ cedures. Prior to these revisions, § 1601.12 (c) the Supreme Court of the United States clusions, as well as the reasons therefor. or of the highest court of any State or The applicant and the Secretary may and (d) provided for three (3) catego­ territory of the United States, or the file with the Board, within 10 days after ries of State and local Fair Employment Practice (FEP) Agencies which included District of Columbia, and who is not having been furnished a copy of the “ 706 Agencies”, “provisional 706 Agen­ under any order of any court suspending, recommended decision, exceptions there­ cies” and “provisional notice agencies”. enjoining, restraining, or disbarring him to and reasons in support thereof. The 1 The present revisions provide for two (2) from, or otherwise restricting him in, Board may order the taking of additional categories of State and local FEP Agen­ the practice of law. Whenever a person evidence and may request the applicant cies, “ 706 .Agencies” and “notice agen­ acting in a representative capacity* ap­ and others to appear before it. The Board cies” ; and also provide that a State or pears in person or signs a paper in prac­ may invite oral argument before it on local agency may be granted “706 tice before the Board, his personal such questions as it desires. appearance or signature shall constitute Agency” status for certain bases of dis­ a representation to the Board that under § 4a. 15 Certificate o f exemption. crimination and not for others. the provisions of this part and applicable The applicant and the Secretary shall Before a State and local authority can law he is authorized and qualified to be served a copy of the Board’s decision be designated a “ 706 Agency,” it must represent the particular person in whose and order with respect to each applica­ comply with the procedures outlined and behalf he acts. Further proof of a per­ tion. Whenever the Board’s decision is meet the criteria established by the Com­ son’s authority to act in a representative that the application be granted, the mission and enunciated in § 1601.12(f). capacity may be required. When any Board shall issue a Certificate of Exemp­ The Commission defers charges to “ 706 applicant is represented by an attorney tion to the applicant. The Certificate of Agencies” (1601.12(c)) and accords “sub­ stantial weight” to their final findings at law, any notice or other written com­ Exemption shall extend only to the stated employment with the prospec­ and orders. Those State or local agencies munication required or permitted to be which have not as yet been designated given to or by such applicant shall be tive employer named in the application. as “ 706 Agencies” are categorized by the given to or by such attorney. If an ap­ § 4a.16 Rejection o f application. Commission as “ Notice Agencies” § 1601.- plicant is represented by more than one No application for a Certificate of Ex­ 12(e). The Commission, in the case of “ Notice Agencies,” merely notifies said attorney, service by or upon any one of emption shàll be accepted from any agencies of the receipt of charges filed such attorneys shall be sufficient. person whose application for a Certifi­ within their jurisdiction. Agencies may § 4a.l0 Waiver o f oral hearing. cate of Exemption has been denied by be added as “Notice Agencies” by public notice issued by the Commission. The Board, upon receipt of a statement the Board within the preceding twelve from the Secretary that he does not ob­ months. Dated: January 15, 1975. 1 However, pursuant to notice published in ject, and in the absence of any request the Federal R egister on December 31, 1974, for oral hearing from the others to whom M a u r ic e H. S ig le r , Vol. 39, No. 252, Page 45235, the Commission notice has been sent pursuant to § 4a.7 Chairman, extended to March 1, 1975 the “Provisional U.S. Board of Parole. 706 Agency” status of those State and local may grant an application without re­ agencies which had been previously so desig­ ceiving oral testimony with respect to it. [P R Doc.75-1783 Piled 1-17-75:8:45 am] nated.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3210N RULES AND REGULATIONS

These amendments to the Commis­ agency terminates its proceedings within the Commission, is operational and sion’s procedural regulations shall be­ sixty (60) (or, where appropriate, 120) processing charges filed under the State come effective on January 20, 1975. days without notification to the Commis­ or local law. Section 1601.12 is revised to read as sion of such action the Commission will (d) Notwithstanding that a charge is follows: consider the charge to be filed with the required to be deferred pursuant to this § 1601.12 Deferrals to Stale and local Commission on the date the person mak­ section or that the deferral period has authorities. ing the charge was notified of the termi­ not expired, the Commission may com­ nation. mence judicial action for immediate, (a) In order to give full weight to the (iv) The 60-day (or, where appropri­ temporary or preliminary relief pursu­ policy of section 706(c) of the Act, which ate, 120-day) period shall be deemed to ant to section 706(f) (2) of the Act. affords State and local fair employment have commenced at the time such docu­ (e) Deferral is not required where practice agencies that come within the ment is mailed or delivered to the State there is an Agency which does not satisfy provisions of that section an opportunity or local authority. Upon notification of the requirements of paragraph (c) of to remedy. alleged discrimination con­ the termination of State or local proceed­ this section. Where the Commission de­ currently regulated by Title V II and State ings or the expiration of 60 (or 120) termines that a State or local agency or local law, the Commission adopts the days, whichever occurs first, the Com­ does not come within the definition of a following procedures with respect to al­ mission will consider the charge to be 706 Agency for purposes of a particular legations of discrimination filed with the filed with the Commission and will com­ basis of discrimination, it shall so notify Commission where there is no evidence mence. processing the case. the State or local agency in writing and that such allegations were earlier pre­ (v) In cases where the document is give reasons therefore. The Commission sented to an appropriate 706 Agency. It submitted to the Commission within 180 shall, however, notify a State or local is the intent of the Commission to there­ days from the date of the alleged viola­ agency of the filing of charges for which by encourage the maximum degree of tion but beyond the period of limitation the State or local agency is not a 706 effectiveness in the State and local agen­ of the particular 706 Agency, the Com­ Agency; for such purposes the State or cies. The Commission shall endeavor to mission shall assume jurisdiction over local agency will be deemed a “Notice maintain close communication with the the charge upon its receipt. In such cases Agency” . State and local agencies with respect only notice of the filing of the charge (f) Because of the large number of to all matters forwarded to such agen­ shall be given the State or local agency State and local fair employment practice cies and shall provide such assistance to involved. agencies, only those agencies which State and local agencies as is permitted (A ) In cases where the document is notify the Commission of their qualifica­ by law and as is practicable. It is the ex­ submitted to the Commission more than tions under subsection (c) of this section perience of the Commission that because 180 days from the date of the alleged vi­ and request designation as “ 706 Agen­ of the present procedures, persons who olation but within the period of limita­ cies” or “Notice Agencies” or both will seek the aid of the Commission are often tion of the particular 706 Agency, the be eligible for such designation. Such confused and even risk loss of the protec­ case shall be deferred pursuant to the notification must be submitted by writ­ tion of the Act. Accordingly, it is the in­ procedures set forth above: Provided, ten request to the Commission’s Region­ tent of the Commission to simplify filing however, That unless the Commission is al Director in whose region the State or procedures for parties in deferral States earlier notified of the termination of the local agency is located. The request shall and localities and thereby avoid the ac­ State or local proceedings, the Commis­ inelude the following materials and in­ cidental forfeiture of important Federal sion will consider the charge to be filed formation: rights. with the Commission on the 300th day (1) A copy of the agency’s fair em­ (b) The following procedures shall be following the alleged discrimination and ployment practices law and any rules, followed with respect to cases arising in will commence processing the case. regulations and guidelines of general the jurisdiction of “ 706 Agencies” to Where the State or local agency ter­ interpretation issued pursuant thereto. which the Commission defers as further minates its proceedings prior to the (2) A chart of the organization of the defined in paragraph (c) of this section. 300th day following the alleged act of agency responsible for administering and (1) Any document, whether or notdiscrimination, without notification to enforcing said law. verified, received by the Commission as the Commission of such termination, the (3) The amount of funds made avail­ provided in § 1601.7, which may consti­ Commission will consider the charge to able to or allocated by the agency for tute a charge cognizable under Title VII, be filed with the Commission on the date fair employment purposes. shall be deferred to the appropriate 706 the person making the charge was noti­ (4) The identity and telephone num­ Agency, as further defined in paragraph fied of the termination. ber of the agency attorney whom the (c) of this section, as provided in the (vi) In any case where the State or Commission may contact in reference to procedures set forth below: local agency has not formally notified any legal questions that may arise in the (i) All such documents shall be dated the Commission of the termination of process of its review of the agency’s and time stamped upon receipt. the State or local proceedings, the Com­ application. (ii) A copy of the original document mission shall serve the notice required by (5) A statement certifying the follow­ shall be transmitted by registered mail, 1601.13 within 10 days from the date it ing: return requested, to the appropriate State becomes aware of the termination of (i) That the State or political sub­ or local agency, or, where the State or such proceedings. division has a fair employment practice local agency has consented thereto, by (c) 706 Agency Defined: For the pur­law; certified mail, by regular mail or hy hand poses of this section and § 1601.10, the (ii) That such law authorizes the ap­ delivery. term “706 Agency” shall refer to an plicant agency or authority to grant or (iii) The aggrieved party and any per­ agency to which a charge is deferred. A seek relief from employment practices son filing a charge on behalf of an ag­ State or local agency may be granted 706 found to be illegal under such law or grieved party shall be notified, in writing, Agency status for certain bases of dis­ that it authorizes the agency to institute that the document which he or she sent crimination and not for others. A charge criminal proceedings; to the Commission has been forwarded shall be deferred where a State or a (iii) That such agency or authority to the State or local agency pursuant to political subdivision of a State has a has been established and is operational the provisions of section 706(c), and that State or local law prohibiting the un­ and processing charges filed under such unless the Commission is notified to the lawful employment practice alleged, and law. contrary, on the termination of State or said State or local law authorizes a State (g) Where both State and local 706 local proceedings, or after 60 (or, where or local agency to grant or seek relief Agencies exist, the Commission reserves appropriate, 120) days have passed, from the unlawful employment practice the right to defer to the State 706 Agen­ alleged or to institute criminal proceed­ whichever occurs first, the Commission cy only. However, if the Commission de­ will consider the charge to be filed with ings with respect thereto, and such State the Commission and commence process­ or local agency has been established and, termines that it would best serve the ing the case. Where the State or local at the time the charge is submitted to purposes of the Act, it may defer to

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 RULES AND REGULATIONS 3211 either or both State and local 706 in paragraph (f) of this section; or, (2 ) available for inspection by interested Agencies. consideration of the agency’s perform­ persons. (h) The continued designation of a ance as set forth in paragraph (j ) of this (2) The conference officer shall pre­ 706 Agency for certain bases of dis­ section. Whenever the Commission has pare his or her proposed findings and crimination will be dependent upon the reason to believe that such designation recommended determination, a copy of 706 Agency’s continuing operation and as a 706 Agency no longer serves the which shall be served on the agency. ability to grant or seek relief or to in­ Interest of effective enforcement of Title Within 20 days after such service the stitute criminal proceedings with respect V II, it may, after following the proce­ agency may file written exceptions. After to those bases of discrimination. dures below, including the opportunity the expiration of the period for filing ex­ (i) Commission Determinations: The for a conference provided for in para­ ceptions, the conference officer shall cer­ Commission, after examining the ma­ graph (1) of this section, withdraw such tify the entire record, including his or her terials and application required in para­ designation. Before taking such action it proposed findings, and recommended de­ graph (f) of this section and after ap­ shall notify the 706 Agency of its pro­ termination and exceptions thereto to the plying criteria outlined in paragraph (c) posed withdrawal of such designation. Commission, which shall review the rec­ of this section, shall make a determina­ Such notification shall set forth the rea­ ord and issue a final determination. tion. sons for the proposed withdrawal and (3) Such determination shall become (1) .If the Commission determines that provide the agency not less than 15 days effective by the issuance and publication an agency shall be designated as a 706 to submit data, views, and arguments in of an amendment to paragraph (m) of Agency, it shall notify the agency that opposition and to request a conference this section. it proposes to issue such designation. in accordance with paragraph (1) of this (m) Designated 706 Agencies: The ac­ Such proposed designation shall be pub­ section. Such proposed withdrawal of tions of the Commission in designating lished in the F ederal R eg ister and shall designation shall also be published in the 706 Agencies, and in withdrawing such provide any person or organization not F ederal R e g ister and shall provide any designations, from time to time, will be less than 15 days in which to file written persons or organizations who take an stated in amendments to this paragraph comments with the Commission. I f after interest at least 15 days in which to file and published in the F ederal R egister evaluating any comments so received, written comments on the proposal with as and when such actions are taken. The the Commission is still of the opinion the Commission and to request a confer­ designated 706 Agencies are: that issuance of the proposed designa­ ence. I f a request for a conference in ac­ Alaska Commission for Human Bights tion as published in the F ederal R egister cordance with paragraph ( 1) of this sec­ Baltimore Community Relations Commission is appropriate, it shall effect such design- tion is not received within the time pe­ Bloomington Human Bights Commission tion by issuance and publication of an riod provided, the Commission shall eval­ Colorado Civil Bights Commission amendment to paragraph (m) of this uate any arguments or comments it has Connecticut Commission on Human Bights section. Thereafter, the procedure in received from the agency and from any and Opportunities paragraph (b) of this section and persons and organizations who take an Dade County Pair Housing and Employment Commission § 1601.10 shall be followed for charges interest. If, after such evaluation, the in the jurisdiction of the 706 Agency. Delaware Department of Labor Commission still is of the opinion that District of Columbia Office of Hum an Rights (2) I f the Commission determines designation should be withdrawn because East Chicago Human Relations Commission that any agency shall not be designated it has determined that such designation Gary Human Relations Commission as a 706 Agency, it shall notify the no longer serves the interest of effective Idaho Commission on Human Bights applicant agency of its decision and such enforcement of Title VH, the Commis­ Illinois Pair Employment Practices Commis­ notice shall provide the reason(s) why it sion shall so notify the Agency. The with­ sion purposes not to designate the agency and Indiana Civil Bights Commission drawal shall be effected by the issuance Iowa Commission on Civil Bights shall grant it not less than 15 days to and publication of an amendment to request a conference concerning the Kansas Commission on Civil Bights Paragraph (m) of this section. Kentucky Commission on Human Bights matter in accordance with paragraph (1) In order to provide a State or local Massachusetts Commission Against Dis­ ( 1) of this section. agency full opportunity to present its crimination

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3212 RULES AND REGULATIONS

(Sec. 713(a), 78 Stat. 265 (42 U.S.C. sec. VI. It governs and is applicable to finan­ measures necessary to effectuate this agree­ 2000e—12 (a )) ) cial assistance programs of the Defense ment. If any personal property or real prop­ This amendment is effective on Janu­ Civil Preparedness Agency and is not re­ erty, or interest therein, or structure thereon ary 20, 1975. published herein. The DoD Regulation is provided or improved with the aid of does, however, require responsible De­ Federal financial assistance extended to the Signed at Washington, D.C. this 13th Applicant by DCPA, or if such assistance is partment officials to take certain imple­ in the form of personal property or real prop­ day of January 1975. menting actions. The Regulation in this erty, or interest therein or structure, thereon, J o h n J. P o w e l l , Jr., part specifies these actions as applicable then this assurance shall obligate the Appli­ Chairman. to DCPA. cant or in the case of any transfer of such property, any transferee, for the period dur­ [PR Doc.75-1729 Piled l-17-75;8:45 am ] § 1811.2 Definitions. ing which the property is used for a purpose The terms used herein shall have the for which the Federal financial assistance is Title 32— National Defense meanings ascribed in § 300.2 of the DoD extended or for another purpose involving Regulation. In addition, the following the provision of similar services or benefits, or CHAPTER XVIII— DEFENSE CIVIL for the period during which it retains owner­ PREPAREDNESS AGENCY terms have the following meanings: ship or possession of the property whichever (a) “ CPG 1-9” means Civil Prepared­ is longer. In all cases, this assurance shall PART 1811— NONDISCRIMINATION IN ness Guide issued by DCPA entitled FEDERALLY ASSISTED PROGRAMS OF obligate the Applicant for the period during “Nondiscrimination in the Civil Defense which the Federal financial assistance is ex­ THE DEFENSE CIVIL PREPAREDNESS Program.” tended to it by DCPA. AGENCY (b) .“DCPA” means the Defense Civil This assurance is given in consideration This revision is undertaken in order Preparedness Agency. of and for the purpose of obtaining any and to update this implementing regulation (c) “Director” means the Director, all Federal grants, loans, contracts, prop­ as to referenced documents, and to delete DCPA. erty, discounts or other Federal financial assistance extended after the'date hereof unnecessary repetition of provisions (d) “DoD Regulation” means Depart­ to the Applicant by the DCPA, including promulgated by the Department of De­ ment of Defense regulation, 32 CFR Part installment payments after such date on ac­ fense under 32 CFR Part 300. 300. count of arrangements for Federal financial Chapter X V III of Title 32 of the Code (e) “Regional Director” means a Re­ assistance which were approved before such of Federal Regulations is amended by gional Director of DCPA. date. The Applicant recognizes and agrees revising Part 1811 to read as follows: that such Federal financial assistance will § 1811.3 Applicability. be extended in reliance on the representa­ Sec. This part applies to any program for tions and agreements made in this assur­ 1811.1 Purpose. ance, and that the United States shall have 1811.2 Definitions. which Federal financial assistance is au­ the right to seek judicial enforcement of 1811.3 Applicability. thorized under a law administered by the this assurance. This assurance is binding on 1811.4 Assurances required. Director pursuant to delegation or agree­ the Applicant, its successors, transferees, 1811.5 Compliance information. ment. These programs are listed in CPG and assignees, and the person or persons 1811.6 Conduct of investigations. 1-9. whose signatures appear below are au­ Au t h o r it y : Department of Defense regu­ thorized to sign this assurance on behalf lation, 32 CFR 300.14, 29 PR 19294, Dec. 31, § 1811.4 Assurances required. of the Applicant. 1964. (a) Except as provided in paragraph (c) Copies of the assurance required § 1811.1 Purpose. (d) of this section, every applicant for by paragraph (a) of this section shall be Federal financial assistance (including, submitted by an applicant for civil de­ (a) The purpose of the regulation in withopt limitation, assistance in the pro­ fense Federal financial assistance to this part is to implement with respect to vision of a civil defense facility) to carry DCPA in the manner described in CPG Federally assisted programs of the De­ out a civil defense program shall execute 1-9 and other DCPA guidance material. fense Civil Preparedness Agency (a De­ an assurance that the program will be (d) Pursuant to the DoD Regulation partment of Defense component) the conducted or the facility operated in primary recipients (i.e., States) of as­ regulation of the Secretary of Defense compliance with all requirements im­ sistance under Section 205 of the Fed­ entitled “Non-Discrimination in Feder­ posed by or pursuant to the DoD Regu­ eral Civil Defense Act submit Statements ally Assisted Programs of the Depart­ lation and this part. Execution of this of Compliance (including methods of ad­ ment of Defense— Effectuation of Title assurance is a condition to approval of ministration) in the manner prescribed VT of the Civil Rights Act of 1964.” (32 any application for Federal financial as­ in CPG 1-9 and other DCPA guidance CFR Part 300). The purpose of the DoD sistance and of the extension of any material. Regulation is to effectuate the provisions assistance thereunder. (e) The extent to which an assurance of Title VI of the Civil Rights Act of will be required of subgrantees, subal- 1964 (hereafter referred to as the “Act” ) (b) The assurance required by para* locatees, contractors, transferees, succes­ to the end that no person in the United graph (a) of this section will be on DCPA Form 856. The assurance covers all DCPA sors in interest, and other participants States shall, on the ground of race, color, will be specified by the Director in CPG or national origin, be excluded from par­ Federal financial assistance afforded a recipient. The text is as follows: 1-9 and other DCPA guidance material. ticipation in, be denied the benefits of, (f) Assurances and Statements of or be otherwise subjected to discrimina­ Name of A pplicant______hereby Compliance (including methods of ad­ agrees that it will comply with Title VI of the tion under any program or activity re­ ministration) submitted to the Office of ceiving Federal financial assistance from Civil Rights Act of 1964 (P.L. 88-352), all requirements imposed by or pursuant to the Civil Defense, Department of the Army any component of the Department of (the predecessor to DCPA) in the man­ Defense. Regulation of the Department of Defense 32 CFR Part 300 (issued as Department of De­ ner prescribed in regulatory material of (b) Pursuant to the DoD Regulation, fense Directive 5500.11, May 27, 1971) and that office are considered as submitted the Director, DCPA, has been designated all requirements of DCPA Regulation 32 CFR to DCPA and need not be resubmitted. by the Assistant Secretary of Defense Part 1811 issued pursuant to the Department An assurance or a Statement of Com­ (Manpower and Reserve Affairs) as a of Defense Regulation to the end that, in pliance (including methods of admin­ accordance with Title VI of that Act, the De­ “ responsible Department official” respon­ istration), unless withdrawn by the re­ sible for implementing within the De­ partment of Defense Regulation and the partment of Defense the DoD Regulation DCPA Regulation, no person in the United cipient is considered binding for so long States shall, on the ground of race, color, or as the recipient receives Federal financial in connection with the administration national origin be excluded from participa­ of laws extending financial assistance tion in, be denied the benefits of, or be assistance from DCPA. for civil defense purposes. otherwise subjected to discrimination under § 1811.5 Compliance information. (c) The DoD Regulation, as amended, any program or activity for which the Appli­ (a) Compliance reports. Each re­ has been approved by the President and cant receives Federal financial assistance from' the Defense Civil Preparedness Agency, cipient shall keep records and submit contains all basic regulatory material (herein called DCPA); and hereby gives as­ through the Regional Director, to th •> necessary for proper effectuation of Title surance that it will immediately take any Director timely, complete and accura* :

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 RULES AND REGULATIONS 3213 compliance reports at such times, and in other information indicates a possible Effective on January 20, 1975, § 253.4 such form and containing such informa­ failure to comply with this part. The is revised to read as follows: tion, as the Director may determine to investigation should include, where ap­ § 253.4 Canal Zone Civilian Personnel be necessary to enable him to ascertain propriate, a review of the pertinent prac­ Policy Coordinating Board. whether the recipient has complied or is tices and policies of the recipient, the complying with this part. The times for circumstances under which the possible (a) Continuation. The Canal Zone submission of such reports, which shall noncompliance with this part occurred, Civilian Personnel Policy Coordinating be not less often than annually, and the and other factors relevant to a determi­ Board is continued. form therefor shall be specified in CPG nation of whether the recipient has (b) Composition. The Board shall be 1-9 and in other DCPA guidance ma­ failed to comply with this part. composed of a chairman and two other terial. In general, recipients should have (d) Resolution of matters. (1) If an members. The Secretary of the Army available racial and ethnic data showing investigation pursuant to paragraph (c) shall appoint one member who shall serve the extent to which members of minority of this section indicates a failure to com­ as permanent chairman. The Governor groups are beneficiaries of Federally as­ ply with this part, the Director will so and the Commander in Chief will serve sisted programs. In any case where a inform the recipient and the matter will as members. The extent to which any primary recipient extends Federal fi­ be resolved by informal means whenever member may serve through a representa­ nancial assistance to any other recipient, possible. I f it has been determined that tive designated by him will be deter­ such other recipient shall also submit the matter cannot be resolved by in­ mined by the Board. such compliance reports to the primary formal means, action will be taken as (c) Functions. The Board shall: recipient as may be necessary to enable provided in thè DoD Regulation. (1) Perform the functions and exer­ the primary recipient to carry out its (2) If an investigation does not war­cise the authorities delegated to it by the obligations imposed pursuant to this rant action pursuant to subparagraph (1) regulations in this part. part. of this paragraph, the Director will so (2) Provide leadership and advice in (b) Access to sources of information. inform the recipient and the complain­ all aspects of personnel management that Each recipient shall permit access by ant, if any, in writing. are not covered by paragraph (c) ( 1) of the Director, through the Regional (e) Intimidatory or retaliatory acts this section to promote uniformity of Director or his other authorized repre­ prohibited. No recipient or other person policies and practices among the Depart­ sentatives, during normal business hours shall intimidate, threaten, coerce, or dis­ ments to the extent compatible with to such of his books, records, accounts, criminate against any individual for the their separate missions and governing and other sources of information, and its purpose of interfering with any right or rules. facilities as may be pertinent to ascer­ privilege secured by section 601 of the (2 C.Z.C. 142, 155, 76A Stat. 16, 19; 35 CFR tain compliance with this part. Where Act or this part or because he has made 251.2) any information required of a recipient a complaint, testified, assisted, or par­ is in the exclusive possession of any ticipated in any manner in an investiga­ Dated January 10, 1975. other institution or person and this in­ tion, proceeding, or hearing under this H o w a r d H . C a l l a w a y , stitution or person shall fail or refuse part. The identity of complainants shall Secretary of the Army. not be disclosed except when necessary to furnish this information, the recipient [FR Doc.75-1700 Filed l-17-75;8:45 am] shall so certify in its report and shall set to carry out the purposes of this part in­ forth what efforts it has made to obtain cluding the conduct of any investigation, the information. hearing, or judicial proceeding arising Title 45— Public Welfare (c) Information to beneficiaries and thereunder. CHAPTER X— OFFICE OF ECONOMIC participants. Each recipient shall make This revision is effective on January OPPORTUNITY available to participants, beneficiaries, 20, 1975. PART 1060— GENERAL CHARACTERIS­ and other interested persons such infor­ (Catalog of Federal Domestic Assistance Pro­ TICS OF COMMUNITY ACTION PRO­ mation regarding the provisions of this gram Numbers: 12.300, 12.301, 12.302, 12.305, GRAMS part and its applicability to the program 12.306, 12.308, 12.309, 12.310, 12.312, 12.314, Subpart— Successor Authority to the Office under which the recipient receives Fed­ 12.315, 12.316, 12,319, 12.321, 12.322, 12.324, of Economic Opportunity eral financial assistance, and make such 12.325) information available to them in such On January 4, 1975, the President manner as is set forth in CPG 1-9 and Dated: January 10, 1975. signed into law the “Headstart, Economic in other DCPA guidance material in or­ Jo h n E. D a v is , Opportunity, and Community Partner­ der that such persons may be appraised Director, Defense Civil ship Act of 1974”. The following policy of the protections against discrimina­ Preparedness Agency. statement informs grantees of the Office of Economic Opportunity of two provi­ tion assured them by the Act, the DoD ]F R Doc.75-1701 Filed l-17-75;8:45 am] Regulation, and this part. sions in that Act relating to the Com­ munity Services Administration as suc­ § 1811.6 Conduct o f investigations. Title 35— Panama Canal cessor authority to the Office of Economic (a) Periodic compliance reviews. CHAPTER I— CANAL ZONE Opportunity. Regional Directors or their authorized REGULATIONS A new subpart is added to read as representatives sljall conduct compliance PART 253— REGULATIONS OF THE follows: reviews of the States and other recipi­ SECRETARY OF THE ARMY Sec. ents with such frequency and in such 1060.5- 1 Applicability. depth as may be prescribed by the Canal Zone Civilian Personnel Policy 1060.5- 2 Background. Director. Coordinating Board 1060.5- 3 Policy. , a

(b) Complaints. Any person who be­ This revision of the regulations ex­ Au t h o r it y : Sec. 602, 78 Stat. 528 (42 U.S.C. lieves himself or any specific class of in­ pands the membership of the Canal Zone 2942). dividuals to be subjected to discrimina­ Civilian Personnel Policy Coordinating tion prohibited by this part may by him­ Board, provides that its chairman shall § 1060.5—1 Applicability. self, or by a representative, file with the be designated by the Secretary of the This subpart applies to all grantees Director a written complaint. A com­ Army and clarifies the Board’s role. financially assisted under Titles H, III-B plaint must be filed not later than 180 Inasmuch .as the material contained and V II of the Economic Opportunity days from the date of the alleged dis­ in this part is a matter relating to' agency Act, as amended, when such assistance is crimination, unless the time for filing is management and personnel, the provi­ administered by the Office of Economic extended by the Director. sions of the Administrative Procedure Opportunity. (c) Investigations. The authorized Act (5 USC 553) requiring notice of pro­ representative of the Director will make posed rulemaking, opportunity for public § 1060.5—2 Background. a prompt investigation whenever a com­ participation, and delay in effective date (a) On January 4, 1975, the President pliance review, report, complaint, or any are inapplicable. signed into law the “Headstart, Economic

• FEDERAL REGISTER, VOL. 40, NO. 13-—MONDAY, JANUARY 20, 1975 3214 RULES AND REGULATIONS

Opportunity, and Community Partner­ may be shipped to fresh market during (Secs. 1-19, 48 Stat. 31, as amended (7 U.S.C. ship Act of 1974” (short title: “ Commu­ the weekly regulation period January 10- 601-674)) nity Services Act of 1974” ) which estab­ 16, 1975. The quantity that may be Dated: January 15, 1975. lished within the executive branch an shipped is increased due to improved independent agency known as the “ Com­ market conditions for Navel oranges. The C h a r le s R . B rader, munity Services Administration” which regulation and this amendment are is­ Acting Director, Fruit and Vege­ table Division, Agricultural is, in all respects and for all purposes, sued pursuant to the Agricultural Mar­ Marketing Service. the successor authority to the Office of keting Agreement Act of 1937, as Economic Opportunity. amended, and Marketing Order No. 907. [FR Doc.75-1715 Filed l-17-75;8:45 am] (b) In keeping with its designation as (a) Findings. (1) Pursuant to the the successor authority the Community marketing agreement, as amended, and CHAPTER X— AGRICULTURAL MARKET­ Services Act further states that: Order No. 907, as amended (7 CFR Part 907), regulating the handling of Navel ING SERVICE (MARKETING AGREE­ All official actions taken by the Director of oranges grown in Arizona and designated MENTS AND ORDERS; MILK), DEPART­ the Office of Economic Opportunity, his des-c MENT OF AGRICULTURE ignee, or any other person under the au­ part of California, effective under the ap­ thority of the Economic Opportunity Act of plicable provisions of the Agricultural [Milk Order No. 139; Docket No. AO-374-A3] 1964 which are in force on the date of the Marketing Agreement Act of 1937, as PART 1139— MILK IN THE LAKE MEAD enactment of the Headstart, Economic Op­ amended (7 U.S.C. 601-674), and upon MARKETING AREA portunity, and Community Partnership Act the basis of the recommendations and of 1974, and for which there is continuing information submitted by the Navel Order Amending Order authority under the provisions of this Act, Orange Administrative Committee, shall continue in full force and effect until Findings and determinations. The modified, superseded, or revoked by the Di­ established under the said amended mar­ findings and determinations hereinafter rector. (Section 9 (a) of the Community keting agreement and order, and upon set forth are supplementary and in ad­ Partnership Act of 1974 amending section other available information, it is hereby dition to the findings and determina­ 601 of the Economic Opportunity Act of found that the limitation of handling of tions previously made in connection with 1964.) such Navel oranges, as hereinafter pro­ the issuance of the aforesaid order; and (c) The Community Services Act also vided, will tend to effectuate the declared all of the said previous findings and de­ states that all references to the Office of policy of the act. terminations are hereby ratified and af­ Economic Opportunity or to the Director (2) The need for an increase in the firmed, except insofar as such findings of the Office of Economic Opportunity, quantity of oranges available for han­ and determinations may be in conflict in official documents, including régula-' dling. during the current week results with the findings and determinations set tions, shall be deemed to refer to the from changes that have taken place in forth herein. Community Services Administration or the marketing situation since the Issu­ (a) Findings upon the basis of the to its Director. (See legislative reference ance of Navel Orange Regulation 334 (40 hearing record. Pursuant to the provi­ above.) FR 1704). The marketing picture now in­ sions of the Agricultural Marketing dicates that there is a greater demand Agreement Act of 1937, as amended (7 § 1060.5—3 Policy. for Navel oranges than existed when the U.S.C. 601 et seq.), and the applicable (a) All regulations issued by the Office regulation was made effective. Therefore, rules of practice and procedure govern­ of Economic Opportunity, i.e. OEO In­ in order to provide an opportunity for ing the formulation of marketing agree­ structions and OEO Notices, listed as handlers to handle a sufficient volume ments and marketing orders (7 CFR Part current in OEO Instruction 6000-2, of Navel oranges to fill the current mar­ 900), a public hearing was held upon Change 2, December 1, 1974, Subj: Ap­ ket demand thereby making a greater certain proposed amendments to the ten­ plicability of Directives, for which au­ quantity of Navel oranges available to tative marketing agreement and to the thority exists under the Community meet such increased demand, the regula­ order regulating the handling of milk in Services Act of 1974, remain in force and tion should be amended, as hereinafter the Lake Mead marketing area. are deemed to be the policy statements set forth. Upon the basis of the evidence intro­ of the Community Services Administra­ (3) It is hereby further found that duced at such hearing and the record tion until superseded, rescinded, or it is impracticable and contrary to the thereof, it is found that: changed. public interest to give preliminary notice* (1) The said order as hereby amended, (b) All grant-making documents, in­ engage in public rulemaking procedure, and all of the terms and conditions cluding General and Special Conditions, and postpone the effective date of this thereof, will tend to effectuate the de­ continue to be legal commitments be­ amendment until 30 days after publica­ clared policy of the Act; tween the grantee and the Office of Eco­ tion thereof in the F ederal R eg ister (5 (2) The parity prices of milk, as de­ nomic Opportunity’s successor agency, U.S.C. 553) because the time intervening termined pursuant to section 2 of the the Community Services Administration. between the date when information upon Act, are not reasonable in view of the which this amendment is based became price of feeds, available supplies of feeds, Effective date: Immediately. and other economic conditions which af­ available and the time when this amend­ B ert A. G a lle g o s, fect market supply and demand for milk Director, ment must become effective in order to in the said marketing area, and the min­ Community Services Administration. effectuate the declared policy of the act imum prices specified in the order as hereby amended, are such prices as will [P R Doc.75-1716 Piled 1-17-75;8:45 am] is insufficient, and this amendment re­ lieves restriction on the handling of reflect the aforesaid factors, insure a suf­ Navel oranges grown in Arizona and ficient quantity of pure and wholesome Title 7— Agriculture milk, and be in the public interest; and designated part of California. (3) The said order as hereby amended, CHAPTER IX— AGRICULTURAL MARKET­ (b) Order, as amended. The provisions ING SERVICE (MARKETING AGREE­ regulates the handling of milk in the MENTS AND ORDERS; FRUITS, VEGE­ in paragraph (b )(1) (i) and (iii) of same manner as, and is applicable only TABLES, NUTS), DEPARTMENT OF § 907.634 (Navel Orange Regulation 334) to persons in the respective classes of AGRICULTURE (40 FR 1704) are hereby amended to industrial or commercial activity speci­ [Navel Orange Reg. 334, Amdt. 1] fied in, a marketing agreement upon read as follows: which a hearing has been held. PART 907— NAVEL ORANGES GROWN IN § 907.634 Navel Orange Regulation 334. (b) Additional findings. It is necessary ARIZONA AND DESIGNATED PART OF ***** in the public interest to make this order CALIFORNIA (b) Order. (1) * * *. amending the order effective not later Limitation of Handling (i) District 1: 921,000 cartons; than February 1,1975. Any delay beyond This regulation increases the quantity (iii) District 3: 29,000 cartons. that date would tend to disrupt the or­ derly marketing of milk in the marketing of California-Arizona Navel oranges that * • * * *

FEDERAL REGISTER, VOL. 40, NO, 13— MONDAY, JANUARY 20, 1975 RULES AND REGULATIONS 3215 y area. The provisions of this order are fice in Washington, D.C., on the 16th issue an order explaining the reasons known to handlers. The decision of the day of January, 1975. for his decision. Assistant Secretary containing all It is ordered, That based on the rea­ Because this Commission desires to amendment provisions of this order was sons set forth in the attached notice, make information readily available to issued January 10, 1975. The changes ef­ Part 1001, Subchapter A, Chapter X of the public, we have waived our right to fected by this order will not require ex­ Title 49 of the Code of Federal Regula­ charge a fee for requests for information. tensive preparation or substantial altera­ tions be, and it is hereby, modified as set We will, however, be required to continue tion in'method of operation for handlers. forth in the attached notice. our practice of charging 25 cents a page In view of the foregoing, it is hereby It is further ordered, That this order to xerox records (49 CFR 1002.1(e)). found and determined that good cause shall become effective on February 19, exists for making this order amending 1975. (Secs. 552, 553, 559, Administrative Procedure Act (5 U.S.C. 552, 553, and 59)) the order effective February 1, 1975", and And it is further ordered, That notice that it would be contrary to the public of this order shall be given to the gen­ Issued in Washington, D.C., January interest to delay the effective date of this eral public by depositing a copy of this 16,1975. amendment for 30 days after its publi­ order and the attached notice in the O f­ Accordingly, this action modifies 49 cation in the F ederal R egister, (Sec. 553 fice of the Secretary, Interstate Com­ CFR 1001.4 so that it reads as follows: (d ), Administrative Procedure Act, 5 merce Commission, Washington, D.C., § 1001.4 Requests to inspect other rec­ U.S.C. 551-559.) for public inspection, and by delivering ords not considered public under 5 (c) Determinations. It is hereby deter­à copy of the notice to the Director, O f­ U.S.C. 552. mined that: fice of the Federal Register, for publica­ Cl) The refusal or failure of handlers tion in the F ederal R egister as notice to Requests to inspect records other than (excluding cooperative associations spec­ interested parties. those now deemed to be of a public nature shall be in writing and addressed ified in section 8c (9) of the Act) of more By the Commission. than 50 percent of the milk, which is to the Secretary. The Secretary shall marketed within the marketing area, to [ s e a l ] R obert L. O s w a l d , determine within 10 days of receipt of a sign a proposed marketing agreement, Secretary. request (excepting Saturdays, Sundays, and legal public holidays) whether a re­ tends to prevent the effectuation of the By order and notice dated January 6, declared policy of the Act; quested record will be made available. If 1975, and published in the F ederal (2) The issuance of this order, amend­ the Secretary determines that a request R eg ister 1 on January 9, 1975, (40 FR ing the order, is the only practical means cannot be honored, he must inform the 1718), the Interstate Commerce Commis­ requesting party in writing of this de­ pursuant to the declared policy of the sion proposed the modification of 49 CFR cision and such letter shall contain a de­ Act of advancing the interests of pro­ 1001.4 (as set forth below) in order to tailed explanation of why the requested ducers as defined iri the order as hereby properly implement recent amendments amended; and to the Freedom of Information Act. The material cannot be made available and explain to the requesting party his right (3) The issuance of the order amend­ prior notice requested interested persons of appeal. I f the Secretary rules that ing the order is approved or favored by to file data, views, or arguments with at least two-thirds of the producers who this Commission on or before January such records cannot be made available during the determined representative pe­ 15, 1975. Comments have been jointly because they are exempt under the pro­ riod were engaged in the production of filed by Leonard A. Jaskiewicz and visions of 5 UJS.C. 552(a) (3) (sec. 1, 81 milk for sale in the marketing area. Robert L. Cope. These attorneys would Stat. 54), appeal from such ruling may be addressed to the Chairman whose de­ O rder R e la t iv e to H a n d l in g have us repeat each relevant phrase in the statute in our regulation. This is an cision shlal be administratively firm] It is therefore ordered, That on and unnecessary task. This Commission must stating specifically the exemption(s) after the effective date hereof, the han­ and it will comply with the recent Free­ dling of milk in the Lake Mead Market­ contained in 5 U.S.C. 552(b) relied upon dom of Information Act amendments; for denial. Such an appeal must be filed ing area shall be in conformity to and in the regulation modification adopted compliance with the terms and conditiohs herein merely implements that statute. within 30 days of the date of the Secre­ of the aforesaid order, as hereby Certain of the constructive comments of tary’s letter. The Chairman shall for­ amended, as follows: these attorneys have been incorporated mally act on such appeals within 20 days Revise § 1139.50(a) to read as follows: into the modified regulation below. (excepting Saturdays, Sundays, and le­ §1139.50 Class prices. The existing regulation provides that gal public holidays) of receipt of any * ♦ * * * requests to inspect records other than appeal. In the unusual circumstances, as (a) Class I price. The Class I price shall those now deemed to be of a public nature shall be addressed to the Secre­ set forth in 5 U.S.C. 552(a) (6) (B), the be the basic formula price for the sec­ time limit may be extended, by written ond preceding month plus $1.60. tary (49 CFR 1001.4). The adopted mod­ ification would require the Secretary to notice to the person making the partici- ***** decide within 10 days (except Saturdays, cular request setting forth the reasons (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Sundays, and legal public holidays) whe­ 601-674) for such extension, for no more than 10 ther a requested record could be made working days. I f the appeal is denied, the Effective date: February 1,1975. available and would require the Secre­ tary to inform a requesting party in writ­ Chairman’s order shall notify the re­ Signed at Washington, D.C., on Janu­ ing of any refusal to provide informa­ questing party of his right to judicial ary 15,1975. tion with a detailed explanation of why review. R ich ard L. F e l t n e r , the requested records cannot be made Assistant Secretary. [FR Doc.75-1910 Filed l-17-75;8:45 am] available. I f the Secretary rules that [FR Doc.75-1778 Filed l-17-75;8:45 am] records cannot be made available (see 5 U.S.C. 552(a) (3) which provides for SUBCHAPTER B— PRACTICE AND PROCEDURE Title 49— Transportation exemptions to the Freedom of Infor­ [Ex Part© No. 293 (Sub-No. 2) ] mation Act), then the existing regula­ CHAPTER X— INTERSTATE COMMERCE PART 1125— STANDARDS FOR DETER­ COMMISSION tion provides for an appeal to the Chair­ MINING RAIL SERVICE CONTINUATION man whose decision shall be administra­ SUBCHAPTER A— GENERAL RULES AND SUBSIDIES REGULATIONS tively final. The adopted modification Correction [Ex Parte No. 55 (Sub-No. 11) ] would require the filing of such an appeal within 30 days of the date of the Secre­ In FR Doc. 75-170 appearing at page PART 1001— INSPECTION OF RECORDS tary’s denial letter and would also re­ 1624 in the issue for Wednesday, Janu­ Implementation of Recent Amendments to quire the Chairman to render a decision ary 8, 1975, make the following correc­ the Freedom of Information Act within 20 days (except Saturdays, Sun­ tions : At a general session of the Interstate days, and legal public holidays) of re­ 1. On page 1624, in the second para­ Commerce Commission, held at its of- ceipt of any appeal. The Chairman would graph of column 1, the following should

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3216 RULES AND REGULATIONS V \ be inserted to complete the last line: 5. On page 1632, in § 1125.4 (b ), “ pas­ “ on the system” . senger car-miles” in lines 7 & 8 should 2. On page 1625 in the first paragraph •read “passenger-miles” . of column 2, the 4th line should be deleted 6. On page 1634, the second line of and the following be inserted: “ available. §1125.5 (j)(l) should be deleted and The tests revealed that in cer-” . . the following be inserted: “ calculated by 3. On page 1631 in the Authority cite averaging the railroad’s”. of column 1, “Pub. L. 92—236” should 7. On page 1635 the first two lines of read, “Pub. L. 93-236”. § 1125.8(d), appearing at the top of 4. On page 1632, in §1125.3 (c )(4 ), column 3, are inverted and should read, eleven lines from the end, “ accounts 372 and 401” should read “ accounts 392 and “A notice of intent to discontinue serv­ 401” . ice, pursuant to section 304(a) (2 )” .

FEDERAL REGISTER, V O L 40, NO. 13— MONDAY, JANUARY 20, 1975 3217 proposedrules

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

f DEPARTMENT OF AGRICULTURE cember 16, 1974 (39 FR 43551), propos­ A request for an extension of time was ing the revision of the United States submitted by the Office of the Governor Agricultural Marketing Service Standards for Grades of Canned Grape­ of the State of Illinois. The request indi­ [ 7 CFR Part 26 ] fruit and Orange for Salad. cated that additional time is necessary These grade standards are issued un­ GRAIN STANDARDS to enable the consumers in the State of der the authority of the Agricultural Illinois to submit comments to the De­ Miscellaneous Amendments; Extension of Marketing Act of 1946 (Sec. 205, 60 Stat. partment for consideration in connec­ Comment Period 1090, as amended; 7 U.S.C. 1624) which tion with the proposed revision. On December 4, 1974, a notice of pro­ provides for the issuance of official U.S. It is determined that due to the heavy posed rulemaking was published in the grades to designate different marketing flow of mail during the month of Decem­ F ederal R egister (39 F R 42226) to levels of quality for the voluntary use by ber, 1974, many consumers may have amend certain sections of the regulations producers, buyers, and consumers. O f­ experienced difficulty in receiving prompt under the U.S. Grain Standards Act (7 ficial grading services are also provided notice of the proposed rulemaking. Too, U.S.C. 71 et seq.). under this act upon request and upon many consumers were involved in tradi­ On December 27, 1974, a supplemental payment of a fee to cover cost of such tional holiday activities and may have notice of proposed rulemaking was pub­ services. missed notification of the proposed rule- lished in the F ederal R eg ister (39 FR The proposed rulemaking was pub- making. 44763) further amending certain sections lishéd at the request of the Florida Can- It is determined that a reasonable ex­ of the December 4,1974, publication and ners Association, representing all of the tension of the comment closing date is establishing February 3,1975, as the final processors of canned grapefruit and consistent with the Department’s policy date for filing written data, views, or orange for salad, to revise the current to give adequate time for consumers to arguments with respect to both the De­ U.S. Standards for Grades of Canned comment on each notice of proposed cember 4,-1974, and December 27, 1974, Grapefruit and Orange for Salad, to con­ rulemaking to revise the U.S. standards. publications. form as nearly as practicable, to the U.S. The comment period is hereby extended A trade group requested an extension Standards for. Grades of Canned to March 1, 1975. of the time to submit written data, Grapefruit. All persons who desire to submit writ­ views, or arguments. In view of the re­ The U.S. Standards for~ Grades of ten views, data, or arguments for con­ quest, notice is hereby given that the pe­ Canned Grapefruit were revised effective sideration in connection with the pro­ riod for filing written data, views, or October 25, 1973, to overcome problems posed revision should file the same in arguments with respect to both the De­ associated with mechanized segmenting duplicate, not later than March 1, 1975, cember 4, 1974, and December 27, 1974, and filling operations. Based upon ac­ with the Hearing Clerk, U.S. Department publications in the F ederal R egister is ceptance of the revised canned grapefruit of Agriculture, Room 112, Administra­ extended to March 7, 1975. standards, and the congeneric relation­ tion Building, Washington, D.C. 20250. Opportunity is hereby afforded all in­ ship of canned grapefruit and canned All written submissions made under this terested parties to jsubmit written data, grapefruit and orange for salad, the Flor­ notice will be available for public in­ views, or arguments with respect to the ida Canners Association requested the spection at the office of the Hearing proposals to the Hearing Clerk, U.S. De­ USDA to bring the current U.S. stand­ Clerk during regular business hours (7 partment of Agriculture, Washington, ards in line with present industry opera­ CFR 1.27(b)). tions. D.C. 20250, not later than March 7, 1975. Dated: January 14, 1975. All submissions made pursuant to this The proposed revision of the U.S. notice will be made available for public Standards for Grades of Canned Grape­ E. L. P e t e r so n , inspection at the Office of the Hearing fruit and Orange for Salad made the fol­ Administrator, Clerk during regular business hours (7 lowing changes: Agricultural Marketing Service. CFR 1.27(b)). (1) Eliminated drained weight as a [FR Doc.75-1657 Filed l-17-75;8:45 am] scoring factor of quality. Consideration will be given to the (2) Lowered the recommended mini­ written data, views, or arguments re­ mum drained weight from 56.25 percent [ 7 CFR Part 52 ] ceived by the Hearing Clerk and to other of the water capacity of the container to 53 percent. CANNED GRAPEFRUIT AND ORANGE FOR information available to the U.S. De­ SALAD partment of Agriculture before final de­ (3) Lowered the minimum percent of Proposed Grade Standards termination is made with respect to the practically whole segments in grade A from 75 percent to 65 percent. Correction proposals. (4) Changed the criteria for the fac­ Done in Washington, D.C., on: Janu­ tor of character to èliminate the restric­ In FR Doc. 74-29068 appearing at page ary 15, 1975. tion on loose floating cells. 43551 in the issue of Monday, Decem­ ber 16,1974, make the following changes: E. L . P e t e r so n , (5) Provided for the addition of Administrator, orange juice as a liquid packing medium. 1. In Table HI to § 52.1261 (page Agricultural Marketing Service. Other changes made in the proposed 43553) the entires for “Albedo and tough membrane”, “1 in2”, “ % in2”, “2 in2”, “1 [FR Doc.75-1780 Filed 1-17-75; 8:45 am] revision and consistent with current practice in the U.S. standards are as in2”, “ 5 in2” and “ 4 in2”, should read “ 1 f ollows : square inch”, “ Vz square inch” , “2 square [ 7 CFR Part 52 ] inches” , “ 1 square inch” , “ 5 square , (1) Brix determination may be forced inches” and “ 4 square inches” respec­ CANNED GRAPEFRUIT AND ORANGE by comminuting as an alternative to tively. waiting 15 days or more after packing FOR SALAD 2. In Table IV to § 52.1261 (page the canned fruit. 43554) , the entries for “Albedo and tough Proposed Grade Standards; Extension of (2) Score points are realigned to 25 Comment Period points for each scorable factor. membrane”, now reading “ lMa in2”, “ % This notice extends the period for (3) “Allowances for Defects” are tab­ in2”, “ 3 in2”, “ 2 in2”, “ IVz in2” and “6 in2” comments to the notice, published De­ ulated. should read “IV2 square inches”, “ %

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3218 PROPOSED RULES square inches", “ 3 square inches", “ 2 tary for such drug or (2) the actual ac­ (c) “Program funds” means (1) Fed­ square inches” , “ 7% square inches”, and quisition cost plus 25 percent of the eral funds provided through grant or ”6 square inches” respectively. amount, if any, by which the Maximum contract to support a program or project Allowable Cost for such drug exceeds the covered by § 50.501, and (2) any non- [ 7 CFR Part 1139 ] acquisition cost, plus, in certain circum­ Federal funds that are required as a stances, a reasonable dispensing fee. It condition of such grant or contract to be [Docket No. AO—374-A3] should be noted that the proposed regu­ expended to carry out such program or MILK IN THE LAKE MEAD MARKETING lations would not prohibit recipients of project. AREA Federal funds from purchasing drugs at ( (d ) “Actual acquisition cost” when Notice of Extension of Time for Filing Briefs costs in excess of the maximum as so applied to a drug means the cost of the determined; rather, they would bar the product to the provider less any quantity, Notice is hereby given that the time expenditure from program funds of for filing briefs, proposed findings and trade, and promotional discounts and amounts in excess of such cost. allowances except cash discounts not iri conclusions on the record of the public Interested persons are invited to sub­ hearing held December 10-12, 1974, at excess of two percent of cost. It may In ­ mit written comments, suggestions or clude warehousing and other distribu­ Las Vegas, Nevada, with respect to pro­ objections concerning the proposed regu­ tional costs incurred by a provider who posed amendments to the tentative mar­ lations to the Hearing Clerk, Food and keting agreement and to the order reg­ maintains a warehouse separate from Drug Administration, Room 4-65, Park- his retail place of business. In no case ulating the handling of milk in the Lake lawn Building, 5600 Fishers Lane, Rock­ Mead marketing area pursuant to notices shall the claimed acquisition cost be ville, Maryland 20852, on or before greater than the lowest cost which would issued October 9, October 22, and Novem­ March 21, 1975. All comments received ber 15, 1974 (39 FR 36861, 37991, and have been incurred if the product had in response to this Notice will be avail­ been obtained through a wholesaler. 40861, respectively) is hereby extended able in the above-named office during to January 31, Î975, except with respect regular business hours. §50.503 Policy. to briefs, proposed findings and conclu­ It is therefore proposed to amend 42 It is the policy of the Secretary that sions on proposed Class I pricing after CFR Part 50 by the addition of a new program funds which are utilized for the February 1,1975. Subpart E, as set out below. acquisition of drugs be expended in the This notice is issued pursuant to the Dated: January 3, 1975. - most economical manner feasible. In provisions of the Agricultural Marketing furtherance of this policy, the Secretary Agreement Act of 1937, as amended (7 T heodo re C o o per , has established, in 45 CFR Part 19, a pro­ U.S.C. 601 et seq.), and the applicable Acting Assistant Secretary cedure for determining the Maximum rules of practice and procedure govern­ for Health. Allowable Cost for drugs which are pur­ ing the formulation of marketing agree­ Approved; January 13,1975. chased with program funds. ments and marketing-orders (7 CFR Part 900). C aspar W . W e in b e r g e r , § 50.504 Allowable cost o f drugs. .Signed at Washington, D.C. on: Jan­ Secretary. (a) The maximum amount which may uary 14,1975. Subpart E— Maximum Allowable Cost for Drugs be expended from program funds for the E. L. P e t e r so n , Sec. acquisition of any drug shall be the Administrator, 50.501 Applicability. sum of Agricultural Marketing Service. 50.502 Definitions. ( 1) the cost of such drug as deter­ 50.503 Policy. [FR Doc.75-1777 Filed l-17-75;8:45 am] mined pursuant to paragraph (b) of this 50.504 Limitation to maximum allowable section, and cost of drugs. DEPARTMENT OF HEALTH, (2) a dispensing fee determined by the A u t h o r it y : Secs. 215, 58 Stat. 690, as Secretary to be reasonable, taking into EDUCATION, AND WELFARE amended (42 U.S.C. 216). account (i) cost components such as Public Health Service Subpart E— Maximum Allowable Cost for overhead, professional services, and prof­ [ 42 CFR Part 50 ] Drugs it, and (U) payment practices of third- party payment organizations, including PUBLIC HEALTH SERVICE HEALTH § 50.501 Applicability. SERVICES DELIVERY PROGRAMS other Federal programs such as titles This subpart is applicable to programs X V III and X IX o f the Social Security Maximum Allowable Cost for Drugs or projects for health services which are Act: Provided, That where the charge Notice is hereby given that the Assist­ supported in whole or in part by Federal for drug dispensing is included in other ant Secretary for Health of the Depart­ financial assistance, whether by grant costs allowable under the applicable pro­ ment of Health, Education, and Wel­ or contract, administered by the Public gram statute and regulations, the terms fare, with the approval of the Sec­ Health Service. It applies to Federal and conditions of the grant or contract, retary of Health, Education, and funds and to non-Federal funds which and the applicable cost principles pre­ Welfare, proposes to add a new Sub­ are required to be expended as a condi­ scribed in 45 CFR Part 74, no separate part E, entitled “Maximum Allowable tion to receiving Federal funds under dispensing fee will be recognized. Cost for Drugs” , to Part 50 of Title such programs or projects. (b) For purposes of this section, the 42, Code of Federal Regulations. In § 50.502 Definitions. cost of any drug shall be determined as the November 15, 1974, issue of the F ed­ follows: As used in this subpart: eral R eg ist e r , the Secretary proposes to (1) With respect to any drug for which establish a Pharmaceutical Reimburse­ (a) “Public Health Service" means a Maximum Allowable Cost has been ment Board, which would be responsible the Office of the Assistant Secretary for established in accordance with 45 CFR for establishing a list of multiple source Health, Health Services Administration, Part 19, the cost shall be the lesser of drugs and their Maximum Allowable Health Resources Administration, Na­ (i) such Maximum Allowable Cost or (ii) Cost (39' FR 40302). The proposed new tional Institutes of Health, Center for the actual acquisition cost plus 25 per­ Subpart E of Part 50 would provide that Disease Control, Alcohol, Drug Abuse cent of the amount, if any, by which such the maximum amount of program funds and Mental Health Administration, Food Maximum Allowable Cost exceeds such (i.e., Federal funds and non-Federal and Drug Administration, and all of their acquisition cost: Provided, That, with funds required to be expended as a con­ constituent agencies. respect to any drug prescribed for a dition to receiving such Federal funds) (b) “Secretary” means the Secretary patient which his physician has certified which may be expended for the purchase of Health, Education, and Welfare and any other officer or employee of the De­ in writing is the only brand of that drug of any drug under any health services which the patient can tolerate or which delivery program covered by Subpart E partment of Health, Education, and Wel­ shall be the lesser of (1) the Maximum fare to whom the authority involved has will be effective for him,, the allowable Allowable Cost established by the Secre­ been delegated. cost shall be the actual acquisition cost.

FEDERAL REGISTER, V O L 40, NO. 13— MONDAY, JANUARY 20, 1975 PROPOSED RULES 3219

(2) With respect to any drug for whichlowest-priced, multiple-source product (iii) The “maximum allowable cost.’* no Maximum Allowable Cost has been widely and consistently available, the (2) The allowable cost for any other established in accordance with 45 CFR cost of the drugs specified in the list drug product may not exceed what a Part 19, the cost shall be the actual would be evaluated in terms of the simi­ prudent and cost-conscious buyer would acquisition cost. lar quantities and the similar purchasing pay for that particular drug product. (b) Application— (1) Multiple-source [P R Dqc.75—1048 Piled 1-17-75; 8:45 am ] arrangements at which the drug prod­ ucts were, in fact, purchased. The effec­ drug products, (i) The Department of tiveness of the purchasing practices of Health, Education, and Welfare will pub­ Social Security Administration providers would be reviewed periodically lish in the F ederal R egister, from time to determine compliance with provisions to time, a list of specific multiple-source [2 0 CFR Part 4 0 5 } -of this regulation. Based on these reviews, drug products and their “maximum al­ [Regs. No. 5] the Social Security Administration would lowable cost” limitations. (See 45 CFR continue to evaluate the necessity for Part 19.) For these drug products, the FEDERAL HEALTH INSURANCE FOR THE allowable cost (see §§ 405.402 and AGED AND DISABLED establishment of more extensive guide­ lines, at the same time avoiding burden­ 405.403) may not exceed the drug-ingre­ Allowable Cost for Drugs some recordkeeping requirements for dient costs incurred in purchasing such Notice is hereby given, pursuant to the providers where no significant savings drug products that would be paid by a Administrative Procedure Act C5 U.S.C. would accrue to the Medicare program. prudent and cost-conscious provider for 553), that the amendment to the regula­ Prior to the final adoption of the pro­ such drug products if obtained from the tions set forth in tentative form is pro­ posed amendment to the regulations, lowest-priced source that is widely and posed by the Commissioner of Social consideration will be given to any data, consistently available (whether sold by Security, with the approval of the Secre­ views, or arguments pertaining thereto generic or trade nam e); except that the drug-ingredient cost incurred in pur­ tary of Health, Education, and Welfare. which are submitted in writing in trip­ chasing such drug products may, in no This proposed amendment to Subpart D licate to the Commissioner of Social case, exceed the maximum allowable cost of Regulations No. 5 of the Social Secur­ Security, Department of Health, Educa­ published in the F ederal R egister. ity Administration (20 CFR Part 405) tion, and Welfare Building, Fourth and Independence Avenue SW., Washington, (ii) The provisions of this paragraph would provide that the allowable cost for (b) (1) are applicable to those multiple- any drug that is a multiple-source prod­ D.C. 20201, on or before March 21, 1975. Copies of all comments received in source drug products purchased by pro­ uct, may not exceed the cost that would viders on or after the fir$t day of the have been incurred if obtained from the response to this notice will be available for public inspection during regular busi­ second month following the month in lowest-priced source which is widely and which such drug product appears in such consistently available (whether sold by ness hours at the Washington Inquiries Section, Office of Public Affairs, Social list in the F ederal R egister. Similarly, generic or trade name) or the maximum an amendment to a maximum allowable allowable cost established by the Depart­ Security Administration, Department of Health, Education, and Welfare, North cost limitation for a drug product is ap­ ment, consistent with regualtions on the plicable to purchases of such drug prod­ “ Maximum Allowable Cost for Drugs” Building, Room 4146, 330 Independence Avenue SW., Washington, D.C. 20201. uct by providers on or after the first day (45 CFR Part 19), proposed by the Secre­ of the second month following the month tary of Health, Education, and Welfare The proposed amendment is issued under the authority contained in sec­ in which such amendment is published in and published in the Federal R egister tions 1102, 1861 (v) (1) (A ), and 1871 of the F ederal R egister. on November 15,1974 (39 HR 40302). (2) Other drug products. For drug A list of multiple-source drug products the Social Security Act, 49 Stat. 647, as amended, 79 Stat. 322, as amended, 79 products other than those described in and their maximum allowable costs, and paragraph (b )(1 ) of this section, the periodic revisions of such list, would be Stat. 331; 42 U.S.C. 1302, 1395x(v) (1) (A ) and 1395hh. allowable cost (see §§ 405.402 and 405.- published in the Federal Register. This 403) may not exceed what a prudent and limitation would not be applied to an (Catalog of Federal Domestic Assistance Pro­ cost-conscious buyer would pay for that individual drug product until that par­ gram No. 13.800, Health Insurance for the Aged— Hospital Insurance; No. 13.801, Health particular drug product. ticular drug has appeared on the list. Insurance for the Aged—Supplementary C3) Evaluation. The cost of any drug For purposes of reimbursement to pro­ Medical Insurance) ■ products will be evaluated in terms of the viders under the Medicare program, the quantities and purchasing arrangements allowable cost for a multiple-source drug Dated : December 26, 1974. at which the drug products were, in fact, could not exceed the lesser of (1) the J. B. Cardwell, amount which would be paid by a Commissioner of Social Security. purchased. prudent and cost-conscious provider if (c) Exception. Where a physician cer­ obtained from the lowest-priced source Approved: January 13, 1975. tifies that only a specific brand of drug which is widely and consistently avail­ Caspar W. W einberger, can be tolerated by, or is effective for, a able (whether sold by generic or trade Secretary of Health, particular patient, the provisions of this name), or the applicable maximum Education, and Welfare. allowable cost for such drug. The drug- section shall not apply. However, the Part 405 of Chapter H I of Title 20 of ingredient costs incurred in the purchase physician must signify in writing the the Code o f Federal Regulations is of mjiltiple-source drugs which are in medical justification for the exception amended by revising § 405.433 to read as excess of such allowable cost that would follows: and the provider must retain such cer­ have been incurred in purchasing mul­ tification in its records. tiple-source products would be disal­ § 405.433 Determining allowahle cost (d) Appeals. A provider may appeal lowed. The cost of drugs not appearing for drugs. the amount of reimbursement deter­ on the list would also be evaluated by (a) Principle. (1) The allowable cost mined under this section (see Subpart R intermediaries so that the allowable cost for any multiple-source drug product (as of sueh drugs does not exceed what a described in paragraph (b )(1 ) of this of this part) except that it may not ap­ prudent and cost-conscious buyer would section) may not exceed the lesser of : peal under Subpart R of this part: pay for the given drug products. (i) The actual cost; (1) The inclusion of any multiple- It is recognized that providers pur­ (ii) The amount which would be paid source drug products on the published chase drugs from manufacturers, whole­ by the prudent and cost-conscious pro­ listing, or salers, or retail pharmacies, or fr om a vider for such drug if obtained from the (2) The established maximum allow­ combination of these sources. Therefore, lowest-priced source that is widely and in determining what a prudent and eost- consistently available (whether sold by able cost for any drug product. conscious provider would pay for the generic or trade name), or [FR Doc.75-1645 Filed 1-17-75; 8:45 am]

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3220 PROPOSED RULES

DEPARTMENT OF Signed at Washington, D.C. this 13th Manual search and reproduction fees TRANSPORTATION day of January 1975. are specifically made applicable to mi- cographic systems, such as microfilm. Federal Aviation Administration J o h n H. P o w e l l , J r . , Chairman. The per-page fee for the reproduction [ 14 CFR Parts 71, 73 ] of records and publications is to be re­ [FR Doc.75-1731 Filed l-17-75;8:45 am ] [Airspace Docket No. 74-SO-99] duced from $0.25 to $0.10. Because of the general waiver of fees aggregating TEMPORARY ALTERATION OF FEDERAL NATIONAL LABOR RELATIONS less than $3.00, the minimum fee pro­ AIRWAY AND DESIGNATION OF TEM­ BOARD vision for reproduction has been elimi­ PORARY RESTRICTED AREAS nated. In view of the large number and Supplemental Notice of Proposed [ 29 CFR Part 103 ] the great differences in size and circum­ Rulemaking DOCUMENT SEARCH AND stances among post offices and other DUPLICATION postal facilities at which records may be Correction maintained, the proposed amendment Schedule of Fees In FR Doc. 75-663 appearing at page would continue to provide possible alter­ 1518 in the issue of Wednesday, Janu­ Correction natives to the copying of records by the ary 8, 1975, the Airspace Docket number In FR Doc. 75-1184 appearing' at page Postal Service. In addition to authoriz­ in brackets should read as set forth 2591 of the issue for Tuesday, January 14, ing the use of coin-operated copy ma­ above. 1975, in paragraph (a) (3) on page 2592 chines upon which requestors can make the dimensions “8Y2 X 4” should read copies at their own expense, the pro­ EQUAL EMPLOYMENT “8V2 X 14”. posed amendment would authorize cus­ todians, in appropriate instances, to per­ OPPORTUNITY COMMISSION mit the copying of records at locations [ 29 CFR Part 1601 ] POSTAL SERVICE other than the office or facility at which [ 39 CFR Part 262 ] they are maintained. It is contemplated 706 AGENCIES that off-site copying would be permitted Proposed Designation FREEDOM OF INFORMATION only in those instances in which the Pursuant to §1601.12(i), Title 29, Schedule of Fees records, if lost, could be replaced with­ out inconvenience to the Postal Service. Chapter X IV to the Code of Federal Reg­ Pursuant to Pub. L. 93-502, enacted ulations as revised and published in the Provision would also be made, because November 21,1974, notice is hereby given of such possibilities as the lack of ade­ F ederal R egister, published at page 3209 of a proposed amendment to the Postal quate copying capability or the short­ in this issue, the Equal Employment Op­ Service regulations which establish the portunity Commission (hereinafter re­ age of personnel for extensive copying fees to be charged for retrieval and re­ tasks, for the substitution of the oppor­ ferred to as the Commission) proposes production of records requested by mem­ tunity for the inspection of the records, that the agencies listed below be desig­ bers of the public. The proposed amend­ under reasonable conditions, rather than nated as “ 706 Agencies” (§ 1601.12(c)). ment would revise the fees schedule to the furnishing of copies of them, even There are three (3) purposes for such conform to the criteria set forth in sec­ though copies may be requested. designation: First, that the agencies re­ tion 552(a)(4) of title 5, United States The proposed amendment would con­ ceive charges deferred by the Commis­ Code, as amended by Pub. L. 93-502. In tinue special treatment for change of ad­ sion pursuant to section 706 (c) and (d) addition it would establish more detailed dress orders filed by Postal Service cus­ of Title VII of the Civil Rights Act of procedures for the payment and waiver tomers. This material has been made 1964, as amended; Second, that the Com­ of fees, elaborating and in some in­ available to the public on request since mission accord “substantial weight” to stances modifying, existing procedures. 1967, although since section 410(c) of the final findings and orders of those The fee per quarter hour for search­ title 39, United States Code, became ef­ agencies pursuant to § 1601.19B(e) ; and, ing for records by clerical personnel is to fective in 1971, disclosure of the ad­ Third, to commence the 15-day period be increased from $2.00 to $2.25. No dresses of postal customers has not been within which any person or organization charge is to be made for search time, required by statute. Since the disclosure may file written comments as provided however, if less than one quarter hour is of these records by the Postal Service is for under § 1601.12(i) (1). At the ex­ spent in such a search by clerical per­ voluntary and for the convenience of the piration of the 15-day period, the Com­ sonnel. Heretofore a minimum fee of public rather than required by the Free­ mission may effect designation of each $8.00 has been charged for the first hour dom of Information Act as amended, it of the agencies by publishing the list of or any portion thereof. A newly estab­ is considered that the uniform fee lished rate of $2.75 per quarter hour is them as an amendment to § 1601.12 (m ). schedule requirement of Pub. L. 93-502 to be charged for searches performed are not applicable. It has been the ex­ Additions to the list may be made by the by managerial or professional personnel. perience of the Postal Service that most Commission by similar notice and pub­ This is intended to apply to searches for requests for change of address informa­ lication. The proposed “ 706 Agencies” documents which are not self-identify­ tion have been made by commercial are as follows: ing and which must be located by per­ firms, such as credit bureaus, presum­ sons with professional training or par­ ably for business purposes, rather than Arizona Civil Rights Division ticular skills or experience not required by individuals. It seems appropriate, California Pair Employment Practices Com­ of clerical personnel. mission therefore,, not to waive the fees now Montana Commission for Human Rights The fee for computer searches is to charged to ensure full recovery of the Nebraska Equal Opportunity Commission consist of a charge for a computer ana­ costs incurred by the Postal Service in Nevada Commission on Equal Rights of lyst’s time at the non-clerical search providing this service. At the same time Citizens rate and the costs of the computer func­ the charging of a sifigle flat fee to cover Omaha Human Relations Department tions actually utilized. The hourly rates the costs of search and reproduction of Springfield (Ohio) Human Relations De­ for the various functions are listed in this information provides predictability partment Appendix A. We have concluded that and uniformity for this discrete service. Virgin Islands Department of Labor fairness to persons whose requests re­ Wichita Commission on Civil Rights Accordingly, it is proposed to continue quire computer searches calls for the the present fee of $1.00 per change of ad­ (Sec. 713(a), 78 Stat. 265 (42 U.S.C. 2000e- development of as refined a standard dress, pending development of addi­ 1 2 (a ))) schedule of charges as is feasible, in tional data upon which a revision of the Written comments pursuant to this view of the widely varying costs in­ fee might be based. . notice must be filed with the Commission volved in performing various computer Provisions relating to advance notice, oh or before February 10, 1975. functions. payment and waiver of fees would be

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 PROPOSED RULES 3221 significantly expended. The requestor General Counsel, United States Postal without inconvenience to the Postal would be expressly made liable for fees Service, Washington, D.C. 20269, Atten­ Service. resulting from services performed in re­ tion: Legal Affairs Office. All comments (3) The Postal Service will not nor­ sponding to his request, whether records received by Monday, February 3, 1975, mally furnish more than one copy of are made available to him or not. The po­ will be considered prior to final action by any record. I f duplicate copies are fur­ tential harshness of this principle would the Postal Service on the proposed nished at the request of the requestor, largely be relieved, however, by a general amendment. This relatively short period the per-page fee shall be charged for waiver of fees if none of the requested for the receipt of comments is necessi­ each copy of each page. At his discre­ records is located or if all are withheld tated by. the fact that the statutory tion, when it is reasonably necessary be­ as exempt, and also by provision for no­ amendments which the proposed amend­ cause of a lack of adequate copying fa ­ tice to the requestor of fees estimated to ment to the regulations is intended to cilities or other circumstances, the cus­ exceed $25.00. If, however, after the re­ implement are due to become effective on todian may make the requested record questor had been notified that fees in ex­ February 19, 1975, and the fact that the available to the requestor for inspection cess of $25.00 might be incurred and also regulations as adopted must be distrib­ under reasonable conditions and need that it could not be determined in ad­ uted to more than 30,000 post offices and not furnish a copy thereof. vance whether any records would be other postal facilities. The Postal Serv­ (d) Other costs— (1) Other charges. made available, the fees for search time ice will consider comments received after When a response to a request requires could be charged even though no records the February 3, 1975, deadline to the ex­ services or materials other than the were made available. If it were to be es­ tent practicable before publishing the common ones listed in paragraphs (b) timated that fees in excess of $100.00 regulations, prior to February 19, 1975’, and (c) of this section, the direct cost of would be incurred, an advance deposit of and in connection with amendments to such services or materials to the Postal 50 percent of the estimated fees would the regulations in the future. Service may be charged, but only if the be required. Accordingly, the Postal Service pro­ requestor has been notified of the nature Accommodating the interest of mem­ poses the following amendment: In 39 and estimated amount of such cost be­ bers of the public in not unwittingly in­ CFR Part 262, § 262.7 is revised to read fore it is incurred. curring substantial fees while meeting as follows: (2) Change of address orders. A l­ the deadlines for response which the § 262.7 Schedule o f fees. though change of address information is 1974 amendments establish has posed a not required by the Freedom of In ­ potential problem. We have sought to (a) Policy. The purpose of this section formation Act to be made available to solve this problem by treating $25.00 as a is to establish fair and equitable fees to the public, the fee for obtaining this in­ general upper limit of liability unless the permit the furnishing of records to formation is included in this section as a requestor is notified that greater charges members of the public in conformity with matter of convenience to the public. The are likely to be involved in responding to the Freedom of Information Act, as fee for searching for and reproducing his request. I f higher fees are antici­ amended, while covering the direct costs change of address orders is $1.00 per pated, the performance of services incurred by the Postal Service. change of address. The fee is not re­ which would incur them would not be (b) Record retrieval, (i) The fee for fundable. undertaken without the requestor’s ap­ each quarter hour spent by clerical per­ (e) Payment and Waiver of Fees— (1) proval, and the request would not be sonnel in searching for records other Liability and payment. The requestor is deemed received until the approval is than by computer is $2.25. I f no more responsible, subject to limitations on given after notice. than one quarter hour of clerical search liability provided by this section, for the The requestor could avoid any risk of time is required in connection with a payment of all fees for services resulting delay inherent in this arrangement, request or a series of related requests, from his request, whether or not any of however, by stating in his initial request no charge for search time shall be made. the requested records are made available that whatever cost is involved would be (2) When a search cannot be per­ to him. Payment shall be made before acceptable or would be acceptable up to a formed by clerical personnel and must any record is made available or any copy specified limit. When an advance deposit be performed by professional or man­ is furnished unless payment is waived or is required, it is contemplated that de­ agerial personnel, the fee for each quar­ deferred pursuant to paragraphs (e) (4) termination of the availability of the re­ ter hour in searching for records other and (5) of this section. Checks in pay­ quested records would not be delayed to than by computer is $2.75 for each quar­ ment of fees shall be made payable to await the deposit unless search costs in ter hour. “United States Postal Service.” excess of $25.00 would have to be in­ (3) The fee for retrieving data by (2) Advance notice. To protect mem­ curred before the determination could computer is $2.75 for each quarter hour bers of the public from unwittingly in­ be made. for analyst time, plus the actual com­ curring liability for unexpectedly large Pees amounting in the aggregate to puter charges as calculated in accord­ fees, a request that is expected to result less than $3.00 for a single request or ance with the Information Services Price in fees in excess of $25.00 will be deemed series of related requests would be waived List. (See appendix A) not to have been received until the re­ and, as noted above, fees would nor­ (4) Paragraphs (b)(1), (b)(2), and questor is notified (promptly upon physi­ mally be waived when no records were (c) of this section also apply to informa­ cal receipt of the request) of the esti­ made available. Any custodian would tion stored within micrographic systems. mated cost and agrees to bear it. No have authority to waive fees of up to (c) Reproduction. (1) The fee for re­ such notification is required if the re­ $25.00 if he should determine, in accord­ producing any record or publication, quest specifically states that whatever ance with guidelines established by the other than a change of address order, cost is involved is acceptable or is ac­ General Counsel, that the furnishing of is $.10 per page. The reproduction fee ceptable, up to a specified amount that records would be primarily for the bene­ is in addition to any fee authorized by covers estimated costs or if payment of fit of the general public, rather than paragraph (b) of this section for the all fees in excess of $25.00 has been that of the requestor individually, or if retrieval of the same records. The per- waived. charging the fee would impose an undue page fee is charged for each duplicate (3) Advance deposits. When it is esti­ hardship or inconvenience upon the re­ copy of computer output. mated that the fees chargeable under questor or an unwaranted further ex­ (2) The Postal Service may at its dis­ this section will amount to more than pense for the Postal Service. Pees in ex­ cretion make coin-operated copy ma­ $100.00, an advance deposit of not less cess of $25.00 could be waived by any of chines available at any location or other­ than 50 percent of estimated fees shall the Officers of the Postal Service, e.g., wise give the requestor the opportunity be required, unless the payment of fees the General Counsel, Assistant Post­ to make copies of Postal Service records in excess of $100.00 has been waived. The masters General, .Regional Postmasters at his own expense. Unless authorized deposit should be made within 5 working General, or their designees. Interested persons may comment upon by the Records Officer, however, no off­ days of receipt by the requestor of notice the proposed amendment by submitting site copying shall be permitted of rec­ of the requirement. The determination written data, views and arguments to the ords which, if lost, could not be replaced of the availability of the records sought

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3222 PROPOSED RULES by the requestor shall not be delayed to (ii) Federal, state, and local public Remote Printing, $0.20/1,000 Lines. await this deposit, if such determination health officials when the persons being Local Punching, $0.51/1,000 Cards. will involve search charges of less than sought are infected with or exposed to Remote Punching, $0.51/1,000 Cards. $25.00. In other cases, however, the de­ contagious diseases. PERIPHERAL CHARGES termination of the availability of the (iii) Federal, state, and local govern­ AMUS Support, $4,850.00 Per A/P. records shall be delayed to await the ment agencies, upon certification that H-1200 Processing, $67.25 Hours. deposit and the request will not be the change of address is required for the Optical Scanning, $40.00 Hours. deemed to have been received until the performance of their duties, and all other Keypunch, $3.80 100 Cards. deposit is received. known sources for obtaining the change Xerox, $2.63 Per 100 CPY. (4) Waiver of fees where records areof address have been exhausted. Terminal Rental, $150.00 Terminal. not disclosed. Ordinarily, fees shall not (iv) Postage meter manufacturers RJE Terminal, $2,300.00 Terminal. be charged if the requested records are RJE Terminal (Secaucus), $3,120.00 when they are attempting to locate a Terminal. not found, or if all of the records located missing meter. APL Service, $150.00 Terminal. are withheld as exempt. However, if the (f) Accounting for fees. CustodiansProgramming Support, $19.60 Hours. time spent in searching for the requested shall account for fees paid in accordance Programming Support O/T, $29.40 Hours, record would warrant charges in excess with this section as follows: Systems Analysis Support, $22.50 Hours. of $25.00 and if the requestor has been (1) Deposit fees received as postal Systems Analysis Support O/T, $33.75 Hours. notified of the estimated cost either pur­ funds. Record the amounts collected as Education Services, Cost Per Student. suant to paragraph (e) (2) of this sec­ Data Transmission, $46.00 Hours. write-in entries to A/C 49299, Miscel­ Aids Support, $16,250.00 Per A/P. tion or in a separate notification, and laneous. Other than U.S. Government Special Forms, 1 Part, $0.0100 Per Page. has been specifically advised that it can­ Agencies, in the cashbook and statement Special Forms, 2 Part, $0.0200 Per Page. not be determined in advance whether of account. Record the manner paid,' the Special Forms, 3 Part, $0.0300 Per Page. any records will be made available and amount received, and the number of Special Forms, 4 Part, $0.0400 Per Page. that he may be responsible for search hours used to compile lists or prepare Special Forms, 6 Part, $0.0500 Per Page. Special Forms, Multilith, $0.0600 Per Page. fees even though no records are made copies of other records released on the available, search fees may be charged. request for this information. Attach STATISTICAL SERVICES AND SUPPORT ^(5) Fees not charged for certain serv­ written replies to the customer’s-request Statstical System Design and Development, ices. Fees shall not be charged where they stating the number of hours required to $31.00 Hour. would amount, in the aggregate, for a prepare information and the amount to System Maintenance and Operation, $31.00 request or series of related requests, to be charged in lieu of the above notation. Hour. less than $3.00. This general waiver shall Special Statistical Projects, $31.00 Hour. not apply to the fee for providing change File materials chronologically. Model Development and Analysis, $31.00 of address information. (2) Forward fees received for infor­ Hour. (6) Waiver of fees by custodian. The mation furnished by postal data centers, Management Science or Services, $31.00 Hour. custodian may waive, in whole or in part, automatic data processing centers (AD System Implementation, $31.00 Hour. a fee not in excess of $25.00 or the re­ P C ), and regional offices to the disburs­ [F R Doc.75-1946 Filed l-17-75;9:54 am] quirement for the advance payment of ing officer at the appropriate postal data such a fee, when he determines, in ac­ center for deposit, specifying the proper SECURITIES AND EXCHANGE cordance with guidelines established by account number to be used for recording COMMISSION the General Counsel, that the furnishing of the records is primarily for the bene­ the amounts collected. Postal data cen­ [ 17 CFR Part 200 ] fit of the general public, or that charging ters, ADPC’s, and Headquarters offices [Release Nos. 33-5556, 34-11184, 35-18772, the fee otherwise required would impose providing record retrieval as described in 39-376, IC—8639, IA-433; File No. S7-546] an undue hardship or inconvenience on paragraph (b) (3) of this section, plus SCHEDULE OF FEES FOR DOCUMENT the person making the request or would the fees covered in paragraphs (b) (1) SEARCH AND DUPLICATION SERVICES cause the Postal Service to incur costs not adequately compensated by the and (2), (c) and (d) of this section will Opportunity To Submit Comments amount of the fees involved. If the cus­ enter the fees in A/C 40990, Miscel­ On November 21 1974, the Congress todian determines that waiver is appro­ laneous; ADPC complexes will enter in passed over the veto of President Ford a priate, but the amount of the fee or the A/C 49299, Miscellaneous, Other than series of amendments to the Freedom of deposit is in excess of his authority to U.S. Government Agencies. Other instal­ Information Act (the “Act”), 5 U.S.C. waive, he shall promptly submit a recom­ Section 552, which go into effect on lations will enter all fees deposited in mendation for such a waiver to the Offi­ February 19, 1975, 90 days from the date cer exercising jurisdiction over his post A/C 40990. of enactment. Under the new law, all office or facility or to the General Coun­ (39 U.S.C. 401; 5 U.S.C. 552(a) (4) (A ) ) agencies are required to establish, “pur­ sel. Until the Officer has acted on the suant to notice and receipt of public R oger P. C raig, recommendation, the custodian shall re­ comment,” a uniform fee schedule ap­ quire any advance deposit or advance Deputy General Counsel. plicable to all requests made pursuant payment otherwise warranted by this A ppendix A— I n f o r m a t io n Services Price to the A c t. section to be made but shall inform the L is t The Commission has previously estab­ requestor that waiver is under considera­ SYSTEM UTILIZATION CHARGES lished a schedule of fees applicable to tion and may defer any action requiring search and duplication services provided deposit or payment, if desired by the Processor Utilization S/360 Model 65, $150.00/ Process Hour. in response to a request under the Act. requestor, until waiver has been granted Selector Channel Utilization, $52.40/Channel Duplication services are presently per­ or denied. Hour. formed by the Commission’s contractor (7) Waiver by officer. Any Officer of Multiplexor Channel Utilization, $18.52/ and the fees charged the public are the the Postal Service, as defined in § 221.7 of Channel Hour. same fees provided in our agreement this chapter, or his designee, may waive SYSTEM OCCUPANCY CHARGES with the contractor. Fees for search in whole or in part any fee required by services are related to the cost to the this part or the requirement for advance Processor Storage, $0.53/K/Occupancy Hour. Extended Core Storage, $0.24/K/Occupancy agency of providing the services of a payment or advance deposit of any fee. Hour. clerical employee. The Commission pro­ (8) Waiver of fee for changes of ad­ 2314 Disk, $22.38/Occupancy Hour. poses to continue in effect its existing dress. The fee prescribed by paragraph 2400 Tape Drive, $14.50/Occupancy Hour. fee schedule. (d) of this section is waived in the follow­ 1288 Scanner, $48.44/Occupancy Hour. The Commission’s present rule provides 3330 Disk, $9.12/Occupancy Hour. ing circumstances'for providing change that no fee shall be imposed for search of address information for: SYSTEM SPOOLING CHARGES services requiring less than one-half (i) Telegraph companies when the Local Card Reading, $0.17/1,000 Cards. man-hour of work; this provision will be sender of the telegram is the U.S. Gov­ Remote Card Reading, $0.17/1,000 Cards. - continued in effect. Continuation of this ernment. Local Printing, $0.20/1,000 Lines. provision is consistent both with the

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 PROPOSED RULES 3223 purposes served by the Act and with the one 8 1/2 " x 14" page without reducing char­ fiche service varies according to the type of service and the volume. Commission’s role, as a depositary acter images to less than 6-point typo size of will be copied on two pages which the pur­ The Contractor supplying these services information with respect to securities chaser may match and join. will supply information and price lists upon and issuers, in providing ready access to The following types of facsimile copying request. Please address all requests for in­ that information. services are available. The stated time for formation, and all orders for microform Present regulations also provide that delivery in each case begins to run only after copies to: Disclosure, Inc., 1400 Spring Street, no charge will be made for time devoted receipt of the material by the contractor; if Silver Spring, Maryland 20910, to an attempt to locate a record which files cannot immediately be made available Interested persons are invited to sub­ was adequately identified when the at­ by the Commission, the time of shipment will be affected. mit their views on whether the proposed tempt is unsuccessful unless, after the fee schedule should be adopted. To be requester is notified that the record Regular service: Photostatic copies of considered, written statements of views could not be found, the search is con­ originals or of other hard copies will and comments should be submitted to tinued at his insistence. This provision be shipped within four working days after material is received by the con­ the Secretary, Securities and Exchange will also remain in effect. tractor— per page------$0.15 Commission, 500 North Capitol Street, The Commission proposes to amend Minimum charge per order for regular Washington, D.C. 20549 on or before Feb­ the present provisions of 17 CFR 200.80 serv ice______.— .— 2. 00 ruary 12, 1975. All such communications (g) to provide: Delivery costs are additional. should refer to File No. S7-546, and will (g) A current schedule of fees for rec­Priority service: Photostatic copies of ord services, including locating and mak­ originals or of other hard copies re­ be available for public inspection. ing records available, attestations and ceived by the contractor by the close By the Commission. copying appears in Appendix E to this of a business day will be shipped by the close of business of the following S h ir l e y E. H o l l is , Subpart D, 17 CFR 200.80e. Copies of the day—per page------$0. 30 Assistant Secretary. current schedule of fees may also be Minimum charge per order for priority obtained upon request made in person, service______5.00 Ja n u a r y 16, 1975. by telephone or by mail from the public Delivery costs are additional. [FR Doc.75-1886 Filed l-17-75;8:45 am] reference room or at any regional office Watching services: (1) Photostatic of the Commission. copies of Form N—IQ filings may be The remainder of paragraph (g), 17 ordered in advance on a “when-filed” FEDERAL COMMUNICATIONS basis. Subscriber to this service may COMMISSION CFR 200(g) (1) through 17 CFR 200(g) designate companies the filings of (5), will remain in effect as it now which he wishes to receive. Copies [4 7 CFR Part 7 6 ] appears. shipped by the close of business of [Docket No. 20247] Appendix E to Subpart D, 17 CFR the working day following receipt by contractor—per page— ------$0. 40 CABLE TELEVISION ANNUAL 200.80e, will appear as follows: Minimum charge per order------5. 00 FINANCIAL REPORT A ppend ix E— Schedule of F ees foe R ecords Delivery costs are additional. Services (2) Photostatic copies of a type of fil­ Extension of Time for Comments ing (e.g., S -l, S-2, S-3, S-16, Proxy, (39 FR 42922). Searching and attestation services 8K) on a “when-filed” basis. Sub­ Order extending time In the matter of Amendment of Part Locating and making avaUable records re­ scriber to this service may request quested for inspection or copying (includ­ automatic receipt of a specified type 76, Subpart I of the Commission’s rules ing overhead costs) [17 CFR 200.80(g) (1) ] : of filing. This service made available and regulations with respect to the Cable only for the complete filing as sub­ Television Annual Financial Report First % man-hour (no fee)____,__ mitted to the commission. Copies (FCC Form 326), Docket No. 20247. Each additional % hour or frac­ shipped by the close of business of tion thereof-______— ____ $2.50 1. The National Cable Television Asso­ the working day following receipt of ciation, by petition dated December 27, Attestation with ■Commission Seal (in documents by the contractor—per addition to other fees, if any) [17 p a g e ______$0. 40 1974, has requested a three week exten­ CFR 200.80(g)(3)]------2.00 Minimum charge per order— _------5. 00 sion of time for filing comments in Payments for the above services must be Delivery costs are additional. Docket 20247. In support, it is alleged made by check or money order payable to: (3) Any non-standard demands re­ that the technical nature of the inquiry “Treasurer of the United States.’’ Address quested by the customer, such as requires that the Association receive mailed payments to: Comptroller, Securities selection criteria not specified above input from the industry to file informed and Exchange Commission, Washington, D.C. in connection with watch services, comments and the holiday vacations 20549. may include a special order handling charge to be negotiated between the have delayed preparation of their com­ Facsimile Copies of Documents [17 CFR 200.- contractor and the customer de­ ments. 80(g) (4) (i) ] pending on additional order han­ 2. It appears that good cause has been Copies of public records filed with or re­ dling requirements. Please address shown for a time extension. However, we tained by the Commission are provided by all requests for information to: Dis­ are hopeful of resolving this proceeding a commercial copier at rates established by closure, Inc., 1400 Spring Street, Sil­ promptly, and believe a two week rather a contract between the copier and the Com­ ver Spring, Md. 20910. than a three week extension is appro­ mission. All requests for facsimile copies Self-Service Copying Facilities [17 CFR priate. Reply comments will be resched­ should be directed to the Public Reference 200.80(g) (4) (ii) 1 uled accordingly. Section, Securities and Exchange Commis­ Accordingly, it is ordered, Pursuant sion, Washington, D.C. 20549. Cost estimates - In addition to the copying services de­ with respect to any copying job will be sup­ scribed above, the contract copier maintains authority delegated under § 0.289 of the plied upon request by the Public Reference customer operated machines in the public Commission’s rules, that the National Section. references rooms of the Commission in Wash­ Cable Television Association’s petition Copies, when authorized, will be sent di­ ington, D.C., New York, Los Angeles, and for an extension of time is granted, to rectly to the purchaser by the contract copier Chicago. These machines can be used to the extent indicated above and that the unless attestation is requested. The pur­ make immediate copies of material avail­ chaser will be billed by the copier for the able for inspection in those offices, at a cost times for filing comments and reply com­ cost of the copies plus postage or other de­ of 12 cents per page (up to 8y2" x 14" in ments in the above-captioned proceeding livery charges, if any. Payment of all copying size). are extended until January 17, 1975 and charges must be made to the official copier, Microform Copies of Documents [17 CFR] not to the SEC, in the manner specified on 200.80(g) (4) (iii) ] January 27, 1975, respectively. the company invoice. The purchaser will be The Contractor also offers certain micro­ Adopted: January 7,1975. billed separately by the Commission for form copying services pursuant to the con­ Released: January 13,1975. searching and attestation services, if any, tract. Microfiche copies are offered in a at the rates noted above. variety of subscription and special order D avid K i n l e y , All of the following facsimile copying serv­ services. Arrangements also may be made to Chief, ices provide copies 8 % " x 14" in size, re­ subscribe to reports of companies selected Cable Television Bureau. gardless of the size of the original. Material by the requester, or to obtain microfiche of to be copied which cannot be copied onto Individual documents. The cost of micro­ [FR Doc.75-1758 Filed 1-17-75;8:45 am ]

FEDERAL'REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3224 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 STATE DEPARTMENT OF DEFENSE quest in writing to Colonel James E. Mathews, Staff Judge Advocate, 4500th I Public Notice CM-5/5] Department of the Air Force Air Base Wing, Langley Air Force Base, U.S. NATIONAL COMMITTEE FOR THE IN­ AFROTC ADVISORY PANEL Virginia 23665, or by calling his office TERNATIONAL TELEGRAPH AND TELE­ Notice of Meeting on 804-764-3276. Copies of the draft PHONE CONSULTATIVE COMMITTEE statement-may be obtained from Head­ Notice of Study Group Meeting January 14,1975. quarters, Department of the Air Force, Members of the Air Force ROTC Ad­ Directorate of Civil Engineering, Envi­ The Department of State announces visory Panel will meet on January 27, ronmental Planning Division, Wash­ that Study .Group 1 of the U.S. CCITT 1975, commencing at 9 a.m. in room ington, D.C. 20330, or Office of Infor­ National Committee will meet on Febru­ 4E871 of the Pentagon. mation, 4500th Air Base Wing, Langley ary 13, 1975 at 10:30 a.m. in Room 752 of During this annual meeting, the par­ Air Force Base, Virginia 23665. the Federal Communications Commis­ ticipants will review 1974 actions on sion, 1919 M Street, NW., Washington, W alter G. F e n e r t y , panel recommendations and discuss Acting Chief, Legislative Divi­ D.C. This Study Group deals with U.S. scholarships, course credit, status of Government regulatory aspects of inter­ sion, Office of The Judge Ad­ AFROTC, enrollment/production, re­ vocate General. national telegraph and telephone opera­ cruiting, retention, minority groups, tions and tariffs. women, technical' specialties, flyers, [FR Doc.75-1698 Filed l-17-75;8:45 am] The agenda of the February 13 meet­ summer encampments, multiple factor ing will include continued consideration system, institutional reimbursement, Office of the Secretary and development of positions the U.S. and accession needs. An executive ses­ should take at international CCITT sion and report to the Secretary of the SCIENCE BOARD TASK FORCE ON meetings on a variety of questions left Air Force are scheduled in the "ELECTRONIC TEST EQUIPMENT" unresolved following the meeting an­ afternoon. Advisory Committee Meeting nounced in the F ederal R egister of No­ For further information on this meet­ ing, contact Colonel Jack Tebo, Execu­ Pursuant to the provisions of/Pub. L. vember 7, 1974 (39 FR 39479). Included tive Secretary, AFROTC Advisory Panel, 92-463, notice is hereby given that the will be a further review of developments on 202-695-4477. Defense Science Board Task Force on which have occurred at international “Electronic Test Equipment” will meet in S t a n l e y L. R oberts, CCITT meetings during 1974 concerning open session on 13 and 14 February 1975 Colonel, USAF, Chief, Legisla­ in Room 1E801, the Pentagon, Washing­ general tariff principles covering the tive Division, Office of The ton, D.C. Each session will commence at lease of telecommunication circuits. Judge Advocate General. 9 a.m. Members of the general public who de­ [FR Doc.75-1699 Filed 1-17-75;8:45 am] The mission of the Defense Science sire to attend the meeting on February 13 Board is to advise the Secretary of De­ will be admitted up to the limits of the fense and Director of Defense Research F-15 BEDDOWN AT LANGLEY AIR FORCE and Engineering on overall research and capacity of the meeting room. BASE, VA. engineering and to provide long-range Dated: January 13, 1975. - Notice of Public Hearing guidance in these areas to the Depart­ ment of Defense. R ichard T . B l a c k , J a n u a r y 13, 1975. The primary responsibility of the Task Chairman, In accordance with the National En­ Force is to examine the greater use by the U.S. National Committee. vironmental Policy Act (42 U.S.C. 4321 Department of Defense of privately de­ [FR Doc.75-1768 Filed l-17-75;8:45 am] et seq.), the United States Air Force will veloped, commercially available off-the- conduct an informal public hearing in shelf electronic test equipment, including Hampton, Virginia, on January 29, 1975, modifications thereof, with the goal of Agency for International Development concerning the draft environmental achieving economy and reliability bene­ [99.1.32] statement on a proposal to beddown F - fits for the several armed services and to 15 fighter jets at Langley Air Force Base, AID AFFAIRS OFFICER, VENEZUELA recommend policies and procedures Virginia. The hearing is scheduled to be­ which will maximize these benefits. Cancellation of Redelegation of Authority gin at 7:30 p.m. in the C. Alton Lindsay This will be the first meeting of the Junior High School, 1636 Briarfield Task Force. The planned agenda includes Pursuant to the authority delegated to Road, Hampton, Virginia. me by Redelegation of Authority No. 99.1 organizational matters and administra­ The draft environmental statement tive arrangements for conducting the (38 FR 12836) dated May 1, 1973, from discusses the proposal to phase in 72 Task Force activities; detailed review the Assistant Administrator for Program F-15 fighter jets beginning in January, and discussion of the charter; discus­ and Management Services, I hereby re­ 1976, and ending by January, 1977. Co­ sion of ways and means of achieving the incident with the phase in of F-15 air­ voke Redelegation of Authority No. objectives specified therein; translation craft will be the phasing out of 47 op­ of objectives into specific tasks; and as­ 99.1.32 to the AID Affairs Officer, Vene­ erational C-130 turboprop transport air­ zuela (38 FR 29094). This revocation is signment of work to the members. craft. The change in mission is expected Due to the limited time and space effective immediately. to result in a net average daily increase availability, it is requested that persons of 20.7 take-offs. and landings. An in­ H u g h L. D w e l l e y , interested in attending the DSB Task crease in noise from the F-15 operations Acting Director; Force meeting provide written notice to will impact on an additional 2,230 people Office of Contract Management. the address indicated below by Febru­ in a 46 acre area. ary 6, 1975. Notices should include in­ J a n u a r y 3, 1975. Individuals desiring to participate in formation with respect to interest and [FR Doc.75-1705 Filed l-17-75;8:45 am] the hearing are asked to submit a re­ degree of participation.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3225

Mr^ John A. Mittino of Title 28 of the Code of Federal Regula­ Basic class— Con. Granted (1975) Director, Weapons Support Systems tions. Morphine (for sale) ______600,000 OASD(I&L) WS Room 2A318, Pentagon On December 13, 1974, a notice of the Morphine (for conversion)__ 42,182, 000 Washington, D.C. 20301 Norpethidine______830, 000 proposed aggregate production quotas Opium (tinctures, extracts, Telephone inquiries may also be made for these substances was published in the etc. expressed in terms of of Mr. Mittino at (202)695-0121. F ederal R eg ister (39 FR 241). All in­ opium) ______1, 904, 000 Dated: January 15, 1975. terested parties were invited to comment Oxycodone (for sale)______1, 769,400 on or object to the proposed aggregate Oxycodone (for conversion)__ 7, 000 M a u r ic e W. R o c h e , production quotas on or before Jan­ Oxymorphone ______3, 000 Director, Correspondence and uary 13, 1975. Except with reference to Pentobarbital ______28,119,000 Directives, OASD (Comptroller). Methylphenidate, no requests for hear­ Pethidine ______17, 057, 415 Phenazocine______225 [P R Doc.75-1707 Piled 1-17-75; 8:45 am] ings have been received by the Adminis­ Phenm etrazine______. 2,741, 709 tration relative to the proposed quotas. Secobarbital ______18,450, 000 Comments and objections relative to Thebaine (for sale) ______4,250,000 ADVISORY GROUP ON ELECTRON DE­ the proposed aggregate production Thebaine (for conversion)__ 1, 750, 000 VICES AND CERTAIN WORKING GROUPS quotas have been received from West­ 1 (758,108 grams for the production of Le- Meetings ern Fher Laboratories relative to vodesoxyephedrine for use in a non-con­ Phenmetrazine, from Hoffman-La Roche trolled product, and 457,266 for production The Department of Defense Advisory Inc. relative to Alphaprodine, from of Methamphetamine). Group on Electron Devices and various Eli Lilly and Company relative to working groups thereof will meet in Pursuant to Title 21 Code of Federal Amobarbital and Secobarbital, and Regulations, § 1303.23(c) the Adminis­ closed sessions on dates indicated below from Richardson-Merrell" Inc. relative at 201 Varick Street, New York, New trator of the Drug Enforcement Admin­ to that portion of the Desoxyephedrine istration will in early 1975 adjust in­ York: quota allocated for the production of dividual manufacturing quotas allocated Working Group A (Mainly Microwave De-. Levo-Desoxyephedrine for use in the vices), February 11,1975. for 1975 based upon 1974 end of year manufacture of a non-controlled sub­ inventory figures submitted by applicants Working Group B (Mainly Low Power De­ stance. Specific details relative to these vices), February 11,1975. comments will be outlined in a future and estimates of medical and scientific Working Group C (Mainly Imaging and Dis­ requirements to be provided by the Food F ederal R egister notice. play Devices), February 13,1975. and Drug Administration. Due to the fact that a request for a Advisory Group on Electron Devices, Febru­ All persons who submitted an applica­ ary 25, 1975. hearing has -been received-by the Ad­ tion for either an individual manufac­ The purpose of the DOD Advisory ministration with reference to the pro­ posed aggregate production quota for turing quota or procurement quota for Group on Electron Devices, and various 1975 will be notified by mail as to their working groups thereof, is to provide the Methylphenidate, the aggregate produc­ tion quota for Methylphenidate does not respective 1975 quota established by the Director of Defense Research and En­ Drug Enforcement Administration. gineering and the Military Departments appear in this order. with advice and recommendations on the Based upon consideration of the fac­ This order is effective on January 20, conduct of economical and effective re­ tors set forth in 39 FR 241, the Admin­ 1975. search and development programs in the istrator of the Drug Enforcement Dated: January 15,1975. field of electron devices: e.g., lasers; radar Administration, under the authority tubes, transistors, infrared sensors, etc. vested in the Attorney General by sec­ J o h n R . B a r t e ls, Jr., Administrator, The group is also the vehicle for inter­ tion 306 of the Comprehensive Drug service coordination of planned R&D ef­ Abuse Prevention and Control Act of Drug Enforcement Administration. forts. 1970 (21 U.S.C. 826) and delegated to [F R Doc.75-1790 Filed. l-17-75;8:45 am] In accordance with Pub. L. 92-463, sec­ the Administrator by § 0.100 of Title 28 tion 10, paragraph (d ), it is hereby deter­ of the Code of Federal Regulations orders DEPARTMENT OF THE INTERIOR mined that the AGED meetings concern that the aggregate production quotas for matters listed in section 552(b) of Title 5 1975 for controlled substances, expressed Bureau of Land Management of the United States Code, particularly in grams in terms of their respective [Wyoming 47857] anhydrous bases, be established as subparagraph (1) thereof, and that the KANSAS public interest requires such meetings be follows: Schedule I closed insofar as the requirements of sub­ Proposed Withdrawal and Reservation of Granted Lands sections (a) (1) and (a) (3) of section 10, Basic class: . (1975) Public Law 92-463 are concerned. 1-alpha-acetylmethadole___300, 000 Correction Tetrahydrocanabinols______- 500 Dated: January 15,1975. In FR Doc. 74-30099 appearing on page Schedule II M a u r ice W. R o c h e , 44669 in the issue for Thursday Decem­ Director, Correspondence and Alphaprodine______-___ 34, 500 ber 26, 1974, in the second paragraph Directives, OASD (Comptroller). Amobarbital ______— 12,504,986 under the description of the “Sixth Amphetamine______3,291,300 Principal Meridian, Kansas Leavenworth [FR Doc.75-1708 Filed l-17-75;8:45 am] Anileridine ______88,133 County,” the fourth line from the bot­ Apomorphine______2,000 tom, now reading “ radius of 1886.67 feet, DEPARTMENT OF JUSTICE Cocaine ______600, 000 Codeine (for sale)______,_____ 46,273,000 38417 feet; N 30°42'13"” should read Drug Enforcement Administration Codeine (for conversion)____ 1,165, 000 "radius of 1886.67 feet, 384.17 feet; Desoxyephedrine ______11,215,374 N 30°42'13".” CONTROLLED SUBSTANCES IN Dihydrocodeine______721, 000 SCHEDULES I AND II Diphenoxylate______1,133,000 Fish and Wildlife Service 1975 Final Aggregate Production Quotas Ecognine______200,000 Ethylmorphine______44, 680 NATIONAL ZOOLOGICAL PARK Section 306 of the Comprehensive F en tan yl______2,000 Drug Abuse Prevention and Control Act Hydrocodone ____ i 800,000 Endangered Species Permit; Receipt of of 1970 (21 U.S.C. 826) requires the At­ Hydrpmorphone ______- 70,200 Application Levorphanol______3,000 torney General to establish aggregate Notice is hereby given that the follow­ production quotas for all controlled sub­ Methadone ______;______3,245,000 Methadone Intermediate (4- ing application for a permit is deemed stances in Schedules I and I I each year. cyano-2 dimethyl-amino-4, to have been received under section 10 of This responsibility has been delegated to 4-diphenyl butane) ______1,350, 000 the Administrator of the Drug Enforce­ Methaqualone ______19, 668,335 the Endangered Species Act of 1973 (Pub. ment Administration pursuant to § 0.100 Mixed Alkaloids of Opium ___ 163,321 L. 93-205).

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3226 NOTICES

Applicant: Miles S. Roberts National Zoological Park Assistant Curator Washington, D.C. 20009 South Mammal Unit Theodore H. Reed, D .V lt., Director Office of Animal Management

DEPARTMENT OF THE INTERIOR 1. APPLICATIO N FO R (tmdicmta only ana) V.S. FISH AND WILDLIFE SERVICE j IMPORT OH EXPORT LICENSE 1 y j PERMIT

O f y * FEDERAL FISH AND WILDLIFE 2. BRIEF DESCRIPTION OF ACTIVITY FOR WHICH REQUESTED LICENSE ^ £ ^ ¡ £ 0 UCENSE/PERMIT APPLICATION OR PERMIT IS NEEDED. , + * 0 w ill* * • Export two male and one female captive born Jaguar (endangered specie 3. APPLICAN T. (Name, complete addrema and phone number 0/ individual, to Venezuela to participate in a super scientific réintroduction program unde auspices of Dr.Pedro Trebbau. Director National Zoological Eark, Jardin Zoologico, Caracas, Venezuela . Washington; DC 20009 The animals will also be used in natur USA history studies in semi-natural and na turai conditions in Venezuela.

S. IF ••APPLICANT** IS A BUSINESS. CORPORATION. P U B LIC AGEN CY. 4» IF ’'APPLICANT* IS AN INDIVIDUAL. COMPLETE THE FOLLOWING: OR INSTITUTION. COMPLETE THE FOLLOWING:

HEIGHT w e ig h t EXPLAIN TYPE OR KIND OF BUSINESS, ASENCY, OR INSTITUTION Q m r . □ » « « . Q m iss □ MS. Exhibition , care and propagation, of D A TE O F BIRTH CO LO R HAIR CO LO R E Y E S animats in captivity. The National Zo also initiates and participates in PHONE NUMBER WHERE EM PLOYED SOCIAL SECURITY NUMBER scientific investigations of animals captive, serai-naturajl and natural co .OCCUPATION

ANY BUSINESS. AGENCY, OR INSTITUTIONAL AFFILIATION HAVING NAME. TITLE. AND PHONE NUMBER OF PRESIDENT, PRINCIPAL. TO DO WITH THE WILDLIFE TO BE.COVERED BY THIS LICENSE/PERMIT OFFICER, DIRECTOR, ETC* # • Dr.Theodore Weed, Director 381-7222 IF '’APPLICANT*' is a CORPORATION, IN DICATE ST A T E IN WHICH INCORPORATED N/A 8. LOCATION WHERE F>ROPOSED ACTIVITY IS TO BE CONDUCTED 7. DO YOU HOLD ANY CURRENTLY VALID FEDERAL FISH ANO WILDLIFE LICENSE OR PERMIT! gj YES Q NO * (I t yea, f¡at ticanae or permit nom Bare) . Export from Washington. DC to Caracas Venezuela direct. P R T - 5 - 3 - X

8. IF REQUIREO BY ANY STATE OR FOREIGN GOVERNMENT. DO YOU HAVE THEIR APPROVAL TO CONDUCT THE ACTIVITY YOU PROPOSE? £5 TES Cl NO ' (Ityea , Hat jurisdiction» and type o i documentai

• See attachments, (communication w/ Trebau; grant proposal)

9. C E R T IF IE D CH ECK OR MONEY OROER (¡1 applicable) PAYABLE TO 10. OESIREO E F F E C T IV E 11, DURATION N EED ED T H E U.S. FISH AND W ILD LIFE S ER V IC E ENCLOSED IN AMOUNT Of» DATE

1 D e c 15, 1.974 90 d a y s / ' 12. ATTACHMENTS. THE SPECIFIC INFORMATION REQUIRED FOR THE TYPE OF LICENSE/.PERM IT REQUESTED fSre SO CFR 13.12(b)) MUST B E ATTACHED, IT CONSTITUTES AN INTEGRAL PART OF THIS APPLICATION. LIST SECTIONS OF 50 CFR UNDER WHICH ATTACHMENTS ARE, PROVIDED. See attachments#

CERTIFICATION

1 HEREBY C ERTIFY THAT 1 HAVE READ AND AM FAMILIAR WITH THE REGULATIONS CONTAINED IN T IT L E 50. PART 13, OF THE CODE OF FED ERA L REGULATIONS AND THE OTHER APPLICABLE PARTS IN SUBCHAPTER B OF CHAPTER 1 OF TITLE iO, AND 1 FURTHER CERTIFY THAT THE INFOR- MATION SUBMITTED IN THIS APPLICATION FOR A LICENSE/PERMIT IS COMPLETE AND ACCURATE TO THE BEST OF MY.KNOWLEDGE AND B E L IE F . 1 UNDERSTAND THAT ANY FA LSE STATEMENT HEREIN MAY SUBJECT ME TO THE CRIMINAL PENALTIES OF 18 U.5.C. 1001. SIGNATURE (In ink) V + O ATli

D irector, P is h and W ild life Service 3. The Smithsonian Institution, National U.S. Department of the Interior Zoological Park, is undertaking a major eco­ Washington, D.C. 20240 logical investigation program in Venezuela in (Attention Law Enforcement). cooperation with the Organisation for the Conservation of Natural Resources in Vene­ D ecember 5, 1974. zuela, the Ministry of Rural Affairs, and the D ear Si r : Below is permit application per Jardin Zoologico, Caracas. Part of the re­ paragraph 17.23, USDI Fish & Wildlife Reg­ search program involves ecological, behavior­ ulations, Vol. 39, Number III for the export of al, and reproductive investigations of the 2.1 Jaguar (Panthera onca) from the National Jaguar (Panthera onca) to be conducted Zoological Park, Washington, D.C. to the principally by Dr. G. G. Montgomery, Na­ Jardin Zoologicos Parque, Caracas, Venezuela. tional Zoological Park, and Dr. P. Trebbau, 17.23 Director of Zoological Parks, National Insti­ tute of Parks, Venezuela. 1. Jaguar (Panthera onca) — two males born It is proposed (see attachment) that the. October 11, 1974 at the National Zoological three animals to be exported will be released Park and one female born in May 1974 at the into a 100 meter x 50 meter compound en­ Atlanta Zoo, Atlanta, Georgia. closing a portion of natural forest. In this 2. Enclosed is a communique between compound, basic natural history, growth and Smithsonian Institution and Dr. P. Treb- development and reproductive data will be bau establishing agreement under which recovered from these animals to be correlated wildlife is to be imported into Venezuela. The with work being conducted simultaneously three animals will be a gift from the Na­ on a natural, wild population of Jaguars else­ tional Zoological Park to the Government of where in Venezuela. Additionally the feasi­ Venezuela. bility of reintroducing these three animals

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3227 into nature will be studied. This aspect ol captive propagation of endangered species. Preliminary efforts concerning censusing, the study is extremely important as it will This approach is all the more appropriate biomass estimation, carrying capacity esti­ give valuable information as to the feasibility and salient at this time in view erf the fact mation, and a variety of ecological studies of reintroducing captive born carnivores back -that zoos appear close to the saturation point have been carried out on Barro Colorado Is­ into nature. I f réintroduction is deemed un­ In Jaguars. This contention is supported by land in the Panama Canal Zone by Eisen­ feasible, the animals will be taken to the the fact that the National Zoo and other berg, Thorington, Montgomery, and Sun- Jardin Zoologico in Caracas where they will zoos, have recently encountered great diffi­ quist. Radio-tracking techniques developed become part of an ongoing program of repro­ culty in disposing of their Jaguar surpluses. by Montgomery have been successfully ap­ duction and natural history study under the The National Zoo, for example, attempted plied to sloth populations (Bradypus and auspices of Dr. Trebbau. to dispose of a surplus pair «on the zoo market Choloepus) as well as to anteaters ( Taman- 4. The three Jaguars will be maintained in for more than five months during 1973/74. dau and Cyclopes) (Montgomery and Sun- a 100 meter x 50. meter fenced compound Your prompt attention to this application quist, in press; Sunquist and Montgomery, enclosing natural Venezuelan forest in a pro­ Is appreciated. 1973). The structure of the neotropical mammalian fauna on Barro Colorado Island tected watershed area 15 miles east of Ca­ Sincerely yours, racas. The animals will be maintained by per­ is analyzed in the publication by Eisenberg sonnel from the Smithsonian/Venezuelan M iles S. R oberts, and Thorington (1973). The role of the sloth Research Program and the National Institute Assistant Curator, South Mammal in neotropical ecosystems has been discussed of Parks, Venezuela. For technical purposes Unit, Office of Animal Manage- and summarized by Montgomery and Sun­ the address for the base of operations for the . ment, National Zoological Park. quist (in press). Our studies on Barro Colorado Island point Jaguar Program will be: A R esearch Proposal F rom t h e Office of Dr. Pedro Trebbau up the important contribution to the eco­ Z oological R esearch, N a tio n al Z oologi­ Direccion de Parques Zoologicos system made by primates, edentates, and cal P a r k , S m it h s o n ia n I n s t it u t io n Parqua Caricuao caviomorph rodents. The small size of Barro Apdo. 28058 vertebrate ecology i n t h e rainforest Colorado Island (15 km2) imposes an un­ Caracas 102, Venezuela AND SAVANNA---A COMPARISON natural restriction on the ecosystem by limit­ 5. All three of the animals involved in this Research Coordinator (TJS). Dr. John F. ing or excluding populations of large her­ permit application were captive bom in the Eisenberg.1' bivores, such as Tapirus and Odocoileus, as United States in approved zoos. (See para­ Research Coordinator, (Venezuela). Dr. well as their predator complements, the graph 1) Edgardo Mondolfi.2 larger cats. W e feel it. is imperative that the 6. As these animals were all captive born Associated Scientists (US). Dr. G. G. techniques developed on Barro Colorado no impact will be effected on natural popula­ Montgomery, Zoologist, NZP, Dr. E. Morton, Island be applied to a more representative tions of Jaguar except in a positive sense. Zoologist, NZP, Dr. D. Marcellini, NZP. ecosystem in tropical America. The use of techniques developed on Barro Colorado 7i. The area where the animals will be Collaborators (US). Dr. D. G. Kleiman, Island and in the tropical forests of Ceylon maintained is a completely enclosed natural NZP, Dr. Y. Lubin, STRI, Dr. N. Smythe, (Eisenberg and Lockhart, 1972) should prove forest area 15 miles east of Caracas. The STRI, Dr. R. W. Thorington, USNM. invaluable in the comprehensive study of compound is 100 meters x 50 meters and is Associated Scientists (Venezuela) ~ Sr. mammalian ecology which we propose. located in a protected (patrolled by the Na­ Tomas Blohm, Dr. V. Canestri, Dr. J. Gomez- The practical application which might ac­ tional Institute of Parks security) watershed Nufiez, Dr. E. Medina, Dr. J. M. Pacheco, Dr. crue from such studies includes the develop­ area. P. Trebbau. 7ii. Technical expertise will be supplied by ment of programs for the orderly harvesting the National Zoological Park, Smithsonian INTRODUCTION of some species on sustained basis (see Ojasti, 1973). Recent demands for laboratory pri­ Institution; the National Institute of Parks, Basic ecological and behavioral studies for mates makes such programs highly desirable. Venezuela; and the Organization for the many mammalian species in the neotropical Conservation of Natural Resources in The basic ecological data on which to base region are virtually nonexistent. Adequate such programs is still unavailable on primate Venezuela. All three of these organizations information concerning numerical abun­ have the most serious interest in the pres­ populations and many areas are suffering dance, distribution, feeding patterns, repro­ ervation of wildlife and the National Zoo and from a lack of proper manage'ment. ductive cycles, and biomass estimates for a the Institute of Parks have had extensive ex­ The principal investigators have had a wide variety of vertebrate species are indis­ perience in reproducing many diverse great deal of experience studying tropical pensable for conservation and management species of animals. Both the National Zoo mammalian ecology; Eisenberg has worked efforts. Conservation efforts directed toward and the Institute of Parks have successfully in Panama, Madagascar, and Ceylon and has the preservation of neotropical species have reproduced the Jaguar in captivity and both been responsible for an ecological survey on lagged behind comparable efforts in other organizations intend to continue to do so. Ceylon comparable to the one proposed parts of the world. The need for sustained 7iii. The National Zoo, the Institute of herein (Eisenberg et al, 1972). Dr. Mont­ research in neotropical habitats is becoming Parks, and the Organization for the Con­ gomery first successfully applied radiotrack­ more critical as habitat destruction and com­ servation of Natural Resources will readily ing to a neotropical edentate in his classical petition for land use are increasing logarith­ participate in cooperative breeding programs study of the sloths (Bradypus and Choloe­ and in the maintenance of a studbook on mically through South America. pus) on Barro Colorado Island, Panama (see Panthera onca. We propose to offer two programs to the Montgomery et al, 1973). Dr. Kleiman is one 7iv. The animals will be shipped in wooden, appropriate agencies in Venezuela: (a) an of the foremost authorities on the behavior metal reinforced crates approximately 48" instructional program including some lec­ of neotropical caviomorph rodents (Kleiman, long x 24" wide x 36" high. Water pans will tures, but mostly practical field work to be 1970, 1971, 1973, 1974). be included in the cage but as in-transit implemented through a university chosen The team of senior investigators will pro­ time is estimated at less than 12 hours no by the relevant Venezuelan officials. This in­ vide training for graduate students in the special accommodations will be made for structional program to concern itself with process of studying the two proposed neo­ feeding. The animals will be accompanied, tropical ecology and wildlife management tropical ecosystems. W e anticipate that at in transit, by either Dr. John Eisenberg of techniques. least 40 percent of the field effort will be the National Zoo or by Dr. Dale Marcellini (b ) We propose to establish, through the accomplished by a training program involv­ also of the National Zoo. Special arrange­ medium of the teaching program, surveys ing graduate students drawn from Vene­ ments, as necessary, will be made by the ac­ in selected Venezuelan habitats to determine zuelan universities. companying official. numerical abundance, feeding patterns, re­ The following sections outline the specific The animals will be aided through customs productive cycles, and biomass estimates for aims of the research program, procedures to and health inspection by both the accom­ selected mammalian and avian species. be used, and personnel schedules. panying official and Dr. Pedro Trebbau.'The The data gathered and the instructional CARNIVORES animals will then be sent to the Jardin program should find direct applications in Zoologicos, Caracas, for necessary quarantine the area of wildlife management and in the In keeping with our attempt to access the under the supervision of a registered maintenance of national park systems in role of predators in the communities under veterinarian: Venezuela. study, we wish to enter into a three-year These animals are to be used in a research study of the larger cats. Considerable inter­ project which is a part of a broad ecological est in the ocelot, Felis pardalus, will neces­ investigation of the Wildlife of Venezuela. a Resident Scientist, Office of Zoological Re­ sitate radio-tracking operations in Guatopo The research project goals are to obtain search, National Zoological Park, Smith­ National Park and/or other areas to be information on this specific endangered sonian Institution, Washington, DC. 20009. selected. Montgomery will assume primary species and to investigate the feasibility of Tel.: Area code 202-381-7249. responsibility for the development of this “restocking” wild populations -with captive 2 Executive Director, Consejo de Bienestar project with aid from the World Wildlife born animals. This end can be seen as an at­ Rural, Apartado de Correos 61.407 Caracas Fund. At the conclusion of the first year’s tempt to achieve one logical endpoint of the 106, Venezuela. study of ocelot behavior, Montgomery should

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3228 NOTICES

be in a position to initiate research on the Dated: January 13,1975. jaguar, Panthera onca. The jaguar can be studied in Guatopo National Park, but a C . R . B a v in , second study site may be selected, given ap­ Chief, Division of Law Enforce­ propriate reconnaissance. The presence of the ment, U.S. Fish and Wildlife jaguar in Guatopo was confirmed by Koford Service. in 1973. A detailed plan of the operation will be forthcoming from Montgomery pending [FR Doc.75-1674 Filed 1-17-75; 8:45 am] his return from Venezuela in July of 1974. Documents and other information sub­ NATIONAL ZOOLOGICAL PARK mitted in connection with this applica­ tion are available for public inspection Endangered Species Permit; Receipt of during normal business hours at the Application Service’s office in Suite 600, 1612 K Notice is hereby given that the follow­ Street, N.W., Washington, D.C. ing application for a permit is deemed to Interested persons may comment on have been -received under section 10 of this application by submitting written the Endangered Species Act of 1973 (Pub. data, views, or arguments, preferably in L. 93-205). * triplicate, to the Director (FWS/LE), Applicant: Fish and Wildlife Service, Post Office Box National Zoological Park 19183, Washington, D.C. 20036. All rele­ Smithsonian Institution vant comments received on or before Feb­ Washington, D.C. 20009 ruary 19,1975 will be considered. Theodore H. Reed, D.V.M., Director

OMB NO. 42-R1S70 DEPARTMENT OF THE INTERIOR t. APPLICATION FOR (Indicete eoi/ orne) FISH AMD WILDLIFE SERVICE | | IMPORT OR EXPORT LICENSE . jX | PEHMI1 'L f m m - federal fish and wildlife 2. BRIEF DESCRIPTION OF ACTIVITY FÛR WHICH REQUESTEQ LICENSE" LJCENSE/PERASIT application OR PERMIT IS HEEDED* * - To import 2.2 white-winged wood duck,t C a irina scutulata, on'Toan fo r breedin« 3. A PP LICA N T. ([feme, complete mddteae mad phone camber o i individual, \ . bamiaaem, agency, or iaatitutioa tor which permit ia requested) study and zoological display. National Zoological Park- Smithsonian Institu tion Washington, ,D. C. 20009

5. IF "APPLICANT** IS A BUSINESS. CORPORATION. PUBLIC AGENCY. 4. IP "APPLICANT" IS AN INDIVIDUAL. COMPLETE THE FOLLOWING: * . OR INSTITUTION. COMPLETE THE FOLLOWING: HEIGHT WEIGHT EXPLAIN TYPE OR KINO OF BUSINESS, AGENCY, OR INSTITUTION □ m b. O M R S . C J m iss □ MS. Birds U nit, Office of Animal Management DATE OF BIRTH COLOR HAIR COLOR E Y E S National Zoological Park

PHONE n u m b e r w h e r e e m p l o y e d SOCIAL SECURITY NUMBER Smithsonian Institu tio n

.OCCUPATION

ANY BUSINESS, AGENCY. OR INSTITUTIONAL AFFILIATION HAVING' NAME, T IT L E , AND PHONE NU*I PAI» TO DO WITH T H E W ILD LIFE TO P E CO VERED B Y THIS LICEN SE/PERM IT OFFICER, DIRECTOR ETC, * (202) 381 -7221 Theodore H. Reed. D.V.M.. n irprtnr I F "A P P LIC A N T" IS A CORPORATION, INDICATE S T A T E IN WHICH INCORPORATED NA

6. LOCATION WHERE PROPOSED ACTIVITY IS TO BE CONDUCTED 7. DO YOU HOLD ANY CURRENTLY VALIQ/FEDERAL FISH AND WILDLIFE LICENSE OR PERMIT? 0 YES 0 NO* National Zoological Park ( l i ycc, tiet ticenee or permit number») Rock Creek .Park . 5-SC-564 Guy A. Greenwell, Curator of- Washington, D. C. #PRT-5-3-X (Injurious Animals) 8. IF REQUIREO BY ANY STATE OR FOREIGN GOVERNMENT, DO YOU HAVE THEIR APPROVAL TO CONDUCT THE ACTIVITY YOU PRO POSE?. 0 Y E S 0 NO (I f yce, limi jurisdictiona end type o i document») NA

9. CERTIFIED CHECK OR MONEY ORDER (it applicable) PAYABLE TO 10. D ESIRED E F F E C T IV E 11. DURATION NEED ED T H E U.S. FISH AND W ILD LIFE S ER V IC E ENCLOSEDTN AMOUNT O F D A TE t April 15,.1975, or % January 1, 1975 until arrival * ,. 12. ATTACHMENTS. THE SPECIFIC INFORMATION REQUIRED FOR THE TYPE OF LICENSE/PERMIT REQUESTED (See SO CFR 13.12(b)) MUST B E ATTACHED, IT CONSTITUTES AN INTEGRAL PART OF THIS APPLICATION. LIST SECTIONS OF 50 CFR UNDER WHICH ATTACHMENTS ARE PROVIOEO. Letter dated 12/16/74 giving d etails as required under 17.23. Letter dated 09/05/74 offerinq the birds. CERTIFICATION 1 HEREBY CERTIFY THAT 1 HAVE READ AND AM FAMILIAR WITH THE REGULATIONS CONTAINED IN TITLE 50,' PART 13. OF THE CODE OF FEDERAL REGULATIONS ANO THE OTHER APPLICABLE PARTS IN SUBCHAPTER B OF CHAPTER 1 OF TITLE 59, AND 1 FURTHER CERTIFY THAT THE INFOR. MATION SUBMITTED IN THIS APPLICATION FOR A LICENSE/PERMIT IS COMPLETE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1 UNDERSTAND tHAT ANY FALSE STATEMENT HEREIN MAY SUBJECT ME TO THE CRIMINAL PENALTIES OF IS U.S.C. 1001. SIGNATURE f/ivin/U . , , ^ ---- , D A TE ^

19/741 * . T, H. Reed, D.V.M.,

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3229

DIRECTOR, will transfer our major breeding effort to very large hollow tree with artificial floors Fish & Wildlife Service our Conservation and Research Center at beneath nesting holes at several levels has Law Enforcement Division Front Royal, Virginia. There we are starting been added. The National Zoological Park U.S. Department of Interior sustained breeding programs for endangered has appropriations for additional plants as Washington, D.C. 20240 and/or threatened species. required. Some of the birds would be in display at The cage is in a sheltered valley, protected December 16, 1974. the National Zoological Park almost con­ from wind. I f necessary in wintertime the Dear Sm: The undersigned hereby applies tinuously. Explanation of the nature of the cage will be covered or partially covered with for an importation permit under Section project would be displayed with the birds. sheet pi - "tic. In the event of weather which 10(a) of the Endangered Species Act of 1978. Thus our approximately 5,000,000 annual presents a real threat to the birds well-being, We submit the following information pur­ visitors would have the opportunity to share they can be moved Into one of the large suant to Sections 13.12 and 17.23 of Volume in it. aviaries in the Bird House. Additional nesting 39, No. 3, Part i n of the F ederal R egister. Benefits to wild populations can occur in sites are planned. two areas. The first would be the feeding When more than one pair is formed, ade­ Section 17.23 back of basic biological data, now largely quate additional pen space will be made (1) Common Name—-White-winged wood questionable, to Indian wildlife conservators available. The zoo has a total of about 120 duck; Scientific Name— Cairina scutulata; and biologists. Parallel intensive study of u n­ cages, pens and aviaries, on and off display. Number and description— Two males, 1974 knowns, at the National Zoo and at Slim­ (7) (ii) Medical care for the birds will be under the direct supervision of the National hatch, Two females, 1974 hatch. bridge, should result in rapid development (2) These birds will be imported under a of facts. Secondly, we would help to estab­ Zoological Park veterinarians and patholo­ breeding loan agreement between the Na­ lish a captive population which would be gist. The behavioral aspects of their court­ ship and breeding patterns will be observed tional Zoological Park and the consignor, The available for réintroduction to the wild, if and recorded under the direction of the Wildfowl Trust, Slimbridge, Gloucestershire, in the future such action is warranted. ornithologist in our Scientific Research Sec­ Great Britain. (See copy of enclosed letter.) When a captive flock of sufficient size is tion, Dr. Eugene Morton. Recording by film, (3) The birds for which this permit is amassed, further study should be made. Con­ tape and elides is anticipated. Vocalization sought were hatched and reared from eggs ditions of habitat in the wild should be assessed, possibly by a Smithsonian spon­ analysis and recordings are planned. laid in captivity at The Wildlife Trust, Slim­ sored reconnaissance, to determine whether The management and care of the birds will bridge. Gloucestershire, Great Britain. The we should breed for réintroduction or for be the direct responsibility of our Curator parents and/or grandparents were reared maintenance of a captive population. If the of Birds, Mr. Guy A. Greenwell, who has had from eggs collected in the wild in Assam latter course were adopted we believe now many years experience in keeping and rear­ under World Wildlife Fund Project #406, that we would want to disseminate any sur­ ing wild waterfowl. Of the closely related beginning in 1969. plus to other qualified bird breeders and waterfowl, Mr. Greenwell has kept and bred That project consisted in part of collecting zoos. the wild muscovy duck, Cairina moscliata, eggs during a deforestation project which The results, observations and scientific North American wood duck, Aix sponsa, the was eliminating habitat of this forest dwell­ data collected on the birds w ill be published mandarin duck, Aix galericulata, and the ing bird. Eggs were hatched cooperatively and in various avieultural and ornithological lesser Brazilian teal, Amazonetta b. brasili- the young were reared on his tea plantation journals as well as the annual report of the ensis, for several many years. He has bred by Mr. M. J. S. McKenzie. National Zoological Park. the greater Brazilian teal, Amazonetta b. Young were distributed as follows, hope­ (4) The National Zoological Park consistsipecutiri, foT fewer years, and he has kept fully for propagation. Four went to the of 160 acres in Rock Creek Park in Washing­ but not bred the Old World comb duCk, Gauhati Zoo, Assam. Four females and two ton, D.C. 20009. It is operated by the Smith­ Sarkidiornis m. melanotus, and the black males went to the Wildlife Trust in England. sonian Institution. It displays 125 species of spur-winged goose, Plectropterus gambensis Four were to come to the National Zoological mammals, 340 species of birds and 130 species niger. Thus, of the whole tribe of the perch­ Park in Washington or to the collection of of reptiles and amphibians. About 10% of ing ducks, only the present species, the very Dr. S. Dillon Ripley at Litchfield, Connecti­ a redesign and modernization program esti­ rare Hartlaub*s duck, Cairina hartlaubi, and cut. mated to cost $70,000,000.00 has been Started. the pygmy geese, Nettapus spp., are outside However, the three young which became Therefore, most, If not all, of its facilities are his experience. available, products of the last rescx» effort, being or will be redone. It is operated by a Dr. S. Dillon Ripley, Secretary of the Smith­ were stopped by the U.S.D.A. waterfowl im­ staff of 300 people. Its animal health Staff sonian Institution, well-known ornitholo­ port embargo, aimed at Dutch duck disease. has eight people and Its research staff con­ gist and aviculturist and one of the insti­ The three birds were sent to the Parc Zoo- sists of five scientists. The Birds Unit con­ gators and participants of the original World logique de Cleres, at Cleres, France, Captain sists of the Curator, Head Keeper, two Wildlife Fund project, will participate as ad­ Jean Delacour’s collection, for holding. One Biological Technicians and thirteen keepers. visor on this project. Dr. Ripley is a scien­ of the birds died during the two years they The Front Royal Conservation and Re­ tific associate of the National Zoological Park spent there. Then the U.SJDA.. Newcastle dis­ search Center is 3100 acres located one mile and has worked closely with us in main­ ease import embargo on all birds took effect. south of Front Royal, Virginia, recently taining and breeding birds, particularly Finally, on March 14, 1974, one pair was re­ transferred to the National Zoological Park waterfowl. Too, he has Tendered assistance ceived at the National Zoological Park. And from U.S.D.A. It has been a beef breeding and advice to the Gauhati Zoo for their on April 24, 1974, the male succumbed to farm so facilities for hoofed stock are being birds. His advice to the National Zoo will what proved to be avian tuberculosis of long prepared first. Some of those require only be based on continuing interest in the wel­ standing. The one female is being held in a high fencing to be complete. Birds facilities fare of the species. large covered aviary at the National Zoologi­ are planned under the 1975-1976 budget. (7) (ill) As the birds breed, full and com­ cal Park. T o our knowledge, she is the only Several buildings are available, plus several plete records will be kept. Genetic bloodline representative of the species in the U.S.A. trickling streams and adequate space. interchanges will be sought. W e will actively We have not heard that the birds at '(5) The four (4) white-winged wood ducks participate in maintenance of a studbook. Gauhati Zoo have reproduced. The birds under this application were hatched in cap­ (7) (iv) Not applicable. Details of crating, which went to Slimbridge in 1969 or 1970, tivity at Slimbridge. feed and water containers, etc,, should be however, produced gradually increasing num­ (6) Not applicable. No birds will be taken left to the Shippers. The Wildfowl Trust has bers of young until about 30 were hatched in from the wild. more expertise in this held than anyone at 1974. It is four of these birds we are asking (7) (I) The birds will be housed initially this zoo or anyone who could possibly review for. in a wire mesh cage seventy-five feet long, this application. They are the only concerned We plan to try to establish a compatible forty feet wide and with an arched top ap­ and experienced white-winged wood duck breeding situation among some of the two proximately thirty feet high. This cage has shippers In the world. males and three females we hope to have an artificial stream running through It. City Upon arrival at J.F.K. Airport the birds after this importation. We want to study water supply Is piped directly to the cage will be met by the UJS. Dispatch Agency of nutritional requirements, food preferences, and forms the stream. This continuously the U,S. Department of State and carried in breeding biology, behavior, nest preferences, running water is emptied into the District bond to the U .S IU . animal quarantine sta­ artificial and natural egg incubation re­ of Columbia sanitary sewer system. Within tion at Olifton, New Jersey, as U.S.DA. re­ quirements, growth and maturation rates, the nage there are two oval concrete pools quires. We will consult with the quarantine fledging patterns and cage space preferences. about eight feet by ten feet and fourteen station management regarding diets and care In addition to these activities, we will try to Inches deep which interrupt the stream. as we do on all delicate imports. When the build up a breeding population in the U.S., Heated shelters are provided, one at ground quarantine is completed, our Curator of Birds where the species has been displayed only level and three at à height of approximately rarely and sporadically. twelve feet. Heat is by electric radiation. will pick up the birds at Clifton and take When we have established a breeding The cage is planted with shrubs and small them to Washington, using the containers nucleus at the National Zoological Park, we trees. Bamboo clumps will be added. One in which the birds are imported.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 2 0 , 1975 3230 NOTICES

I hereby certify that I have read and am D ecember 11,1974. to provide them with specimens. Our mam­ familiar with the regulations contained in D irector (FWS/LE) mal inventories are periodically sent to the Title 50, Part 13 of the Code of Federal Reg­ U. S. Fish & Wildlife Service American, Smithsonian, Denver and Los An­ ulations and the other applicable parts in V. S. Department of the Interior geles County natural history museums. Order Subohapter B of Chapter I of Title 50, and P.O .Box 19183 lists from these museums (and others) aré I further certify that the information sub­ Washington, D.C. 20036 sent to us, allowing a minimum of delay mitted in the application for a permit is passing on specimens. Dear Si r : Title: Application to import one complete and accurate to the best of my 4. A description and the address of the knowledge and belief. I understand that any male and one female jaguar Leo onca onca institution or other facility where the wild­ false statement hereon may subject me to from Fundasao Barque Zoologico de Sao life will be used or maintained. These ani­ Paulo, Brazil. criminal penalties of the 18 U.S.C. 1001. mals will be held at the San Diego Zoo. This Very truly yours, 1. Common and scientific names of the institution is owned by the City of San species or subspecies, number, age, and sex Diego but is managed and operated by a T heodore H. R eed, D.V.M., of the wildlife to be covered in the permit. California non-profit corporation known as Director, National Zoological Park. One black male jaguar born at the Sao Paulo the Zoological Society of San Diego. The September 5, 1974. Zoo on 16 August 1973. One female spotted postal address is: San Diego Zoo, Box 551, G. A. G reenw ell, jaguar born at the Goiania Zoo on 21 Sep­ San Diego, California 92112, telephone: 714- Curator of Birds, National Zoological Park, tember 1974 now residing at the Sao Paulo 234-5151. Smithsonian Institution, Washington, Zoo. Both animals are Leo onca onca (listed 5. A statement that at the time of appli­ D.C. 20009, U.SA. as Panthera onca on the USDI endangered cation the wildlife to be imported is still in wildlife lis t). the wild, was born in captivity, or has been D ear G u y : Thank you for your letter, sorry 2. Copy of the contract or other agree­ removed from the wild. As documented in Dr. I have not answered it sooner but you know ment under which such wildlife is to be im­ Mario Paulo Autuori’s letter, both animals how busy a breeding season can be. ported, showing the country of origin, name were captive born. We would certainly like to lend you two and address of the seller or consignor, date 6. A resume of the applicant’s attempts to pairs of White-Winged Wood Duck. They of the contract, number and weight (if avail­ obtain the wildlife to be Imported from will, of course, be on the same conditions able), and description of the wildlife. At­ sources which would not cause the death or as the Nene’s were, that is the birds that are tached is a photocopy of a letter from the removal of additional animals from the wild. bred are not resaleable and are still Wildfowl Director of the Sao Paulo Zoo which is an Both animals are zoo born, thus will not be a Trust property although they can be loaned agreement for an exchange of one orangutan drain on the natural population of wild out to other zoo’s with the Trust’s approval. for the above described jaguars. Page 2 of Dr. jaguars. If this is agreeable to you we are ready Autuori’s letter describes the country of 7. (i) A complete description, including to ship the birds as soon as you can acquire origin, the birthplace of the animals and the photographs or diagrams, of the area and a permit and a quarantine space. birthplace of the animals’ parents. The facilities in which the wildlife will be housed. No doubt you are now in the middle of weight is also found on page 2. In addition The self-explanatory drawings are enclosed; your trip to Australia and then to Europe, there is a photocopy of the Brazilian Gov­ this facility has proven to be successful in so I will probably be seeing you before you ernment’s permit allowing the sale of jag­ displaying and breeding the species. receive this letter. I will in fact be in uars. (ii) A brief resume of the technical exper­ America on 16th of this month to attend tise available, including any experience the 3. A full Statement of justification for the the Federation Convention in New York. applicant or his personnel havfe had in prop­ permit, including details of the project or Look forward to hearing from you. agating the species or closely related species other plans for utilization of the wildlife in to be imported. See enclosed personnel res­ Yours sincerely, relation to zoological, educational, scientific umes. M. R. L ubbock, or propagational purposes as appropriate and (lii) A statement of willingness to partici­ Curator. the planned disposition of the wildlife upon pate in a cooperative breeding program and termination of the project. Most jaguars in maintain or contribute data to a studbook. Documents and other information sub­ the United States cannot be traced to the We are most willing to do both. mitted in connection with this applica­ subspecies level, in fact, most are subspecific • (iv) A detailed description of the type, tion are available for public inspection hybrids because the species breeds rather size and construction of the container: ar­ during normal business hours at the well in captivity and zoos, generally, have rangements for feeding, watering, and other­ not been particular about subspecies breed­ Service’s office in Suite 600, 1612 K wise caring for the wildlife in transit; and ing lines. We are interested in establishing Street, N.W., Washington, D.C. the arrangements of caring for the wildlife on a breeding nucleus of a known subspecies. importation into the United States. As the Interested persons may comment on In addition, the black color phase is un­ director of the Sao Paulo Zoo stated in his this application by submitting written common in zoological collections. Therefore, letter on page 2, the animals will travel by data, views, or arguments, preferably in the male will be an excellent display animal Pan American to Miami. At Miami the ani­ triplicate, to the Director (FWS/LE), and a demonstration of the natural phenom­ mals will be met by our customs house enon of melanism in animals. Pish and Wildlife Service, Post Office broker, Mr. Jim Hamner, Novo, International- Box 19183, Washington, D.C. 20036. All Thus, San Diego will have a normal colored Air Freight, P.O. Box 48/1292, Miami, Florida relevant comments received on or before jaguar and a melanistic jaguar. Not only will 33148. Mr. Hamner is well experienced with February 19, 1975 will be considered. the black jaguar be an eye-catching-educa­ animal needs for not only has he been our tional exhibit, he will also provide us with broker for many years but has also been the Dated: January 14, 1975. cubs carrying this trait. Black jaguars have broker for such wild animal firms as Charles L o r e n K . P archer, always been valuable in the zoo market, Chase Company, 7330 NW . 66th Street, Acting Chief, Division of Law therefore, cubs from this pair should be Miami, Florida 33166. Should any extra care Enforcement, U33. Fish and sought after by other zoos wishing to set up be needed, the facilities of the Miami Zoo Wildlife Service. exhibits similar to ours. are nearby, see enclosed letter to director of Our present pair of jaguars are very old, Miami Zoo. From Miami the animals will [FR Doc.75-1675 Filed 1-17-75; 8:45 am] in fact no longer productive. Their last cubs travel via Airlift International to Los An­ were bom in 1968. The male will have been geles. W e will- meet the jaguars at Los in the San Diego Zoo 18 years in May of Angeles and transport them to the San Diego SAN DIEGO ZOOLOGICAL GARDEN 1975. The female will have been with us for Zoo. Although Dr. Autuori did not go into de­ 15 years next March. Many jaguars have tail concerning the exact construction of the Endangered Species Permit; Receipt of been born at the San Diego Zoo in the pres­ Application crate, there should be little worry since this ent facility and have been shipped to zoos is a large, competently staffed and well known Notice is hereby given that the follow­ all over the world. zoological garden. ing application for a permit is deemed to Because we accurately know the ancestry I hereby certify that I have read and am have been received under section 10 of of the Sao Paulo cats they, and their progeny, familiar with the regulations contained in will be valuable museum specimens upon Title 50; Part 13, of the Code of Federal the Endangered Species Act of 1973 their death both as scientific study speci­ (Pub. L. 93-205). Regulations and the other applicable parts mens and exhibit specimens. Since museums in Subchapter B of Chapter I, Title 50, and must also obtain endangered species per­ Applicant: I further certify that the information sub­ San Diego Zoological Garden mits for collecting, zoo animals are more mitted in this application for a permit is Post Office Box 551 highly sought after by museums than ever San Diego, California 92112 before. The San Diego Zoo has always worked complete and accurate to the best of my Clyde A. Hill, Curator of Mammals closely with various well known museums knowledge and belief. I understand that any

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3231

D ecember 2, 1974. false statement hereon may subject me to Dated: January 14,1975. the criminal penalties of 18 U.S.C. 1001. D irector L o r e n K . P ar ch er , U.S. Fish and Wildlife Service Sincerely, Acting Chief, Division of Ldw P.O. Box 19183 . Clyde A. Hell, Enforcement, U.S. Fish and Washington, D.C. 20036 Curator of Mammals, Wildlife Service, ear ir San Diego Zoological Garden. D S : Enclosed please find my appli­ [FR Doc.75-1676 Filed 1-17-75; 8:45 ami cation for an endangered species permit for Enclosures including $50 permit fee check. scientific research on the American alligator. Documents and other information sub­ I have followed all instructions on the appli­ mitted in connection with this applica­ JAMES R. SPOTILA cation and included information required by tion are available for public inspection Endangered Species Permit; Receipt of 50 CFR 13.2 and 50 CFR 17.23.1 would appre­ during normal business hours at the Application ciate your efforts to expedite processing of Service’s office in Suite 600, 1612 K Notice is hereby given that the follow­ my application so that I can begin my re­ Street NW., Washington, D.C. ing application for a permit is deemed search. My Atomic Energy Commission grant Interested persons may comment on to have been received under section 10 is for one year (til June 30,. 1975) and is this application by submitting written of the Endangered Species Act of 1973 renewable for two more years. Therefore, I data, views, or arguments, preferably in (Pub. L. 93-205). am requesting a three year permit. Attached please find a check for $50.00. triplicate, to the Director (FWS/LE), Applicant: Fish and Wildlife Service, Post Office James R. Spotila, Ph.D. Sincerely yours, Department of Biology Box 19183, Washington, D.C. 20036. All State University College James R. Spo tila, Ph.D., relevant comments received on or before 1300 Elmwood Avenue Assistant Professor, Biology Department, February 19, 1975 will be considered. Buffalo, New York 14222 State University at Buffalo. O U S NO. DEPARTMENT OF THE INTERIOR t. APPLICATION FOR ([M ic f en If one) ».*. FISH AMI WILDLIFE SERVICE — ~ ~ ...... IMPORT OR CXPOftT LICENSE □ FEDERAL FISH AKD WILDLIFE S' 2. B R IE F D ESCRIPTIO N O F A CT IV IT Y FOB WHICH R E Q U E ST ED L IC E N S E LICENSE/PER!‘.IT APPLICATION OR p e r m it ISNEEOEO. Research project for AEC. Thermoregulation o f A llig a to rs & turtles from thermally stressed habi­ tats. Laboratory and field studies of 1. APPLICANT. (M »me,'complete eddtmee » t t é pkos« »ember » I individuel, beeieeee, »gerney, et inetiretion 1er which permit i » tepeeetod) behavioral and physiological thermo­ James R. Spotila Ph.D.-Dept, of Bio« regulations of alligators and turtles. • State University College Purpose is to develop accurate mathe­ 1300.Elmwood Avenue matical model to predict re,action of Buffalo, New York 14222 these animals to thermal effluents from 716-862-6409 power plants. A three year study is planned. See appendix I for copy of o rl:Lçinai B, IP "APPLICANT** IS A BUSINESS. CORPORATION. PUBLIC AGENCY, j A V "APPU CANT" IS AN INDIVIDUAL. COMPIETE THE POULOWINOI search OR INSTITUTION. COMPLETE THE FOLLOWING: proposti HEIGHT WEIGHT EXPLAIN TYPE OR KINO OF BUSINESS, AGENCY« OR INSTITUTION Slum. O mbs. O mis* O ms. 6 f t . 180 lb .

DATE or BIRTH COLON MAIR CO LO R E T E S Dec» 21. 1944 Brown B r o w n PMdhe NUMBER WHERE EMPLOYED SOCIAL SECURITY NUMBER 716-862-6409______1269-40-8496 o c c u p a t io n physical Ecologist - Assistant Professor of Biology

Department of Biology State University College Buffalo, N.Y.

(. .LOCATION WHERE PROPOSED ACTIVITY IS TO BE CONOUCTCO i DO YOU HOLO ANY CURRENTLY VALID FEDERAL.FISH F^SH ANO WILDLIFE LICENSE OR PERMITT Q YES 23* Department of Biology ftt f » § th e m »» et permit members) State University College Buffalo, New York New Science Building «. IP REQUIRED BY ANY STATE OR FOREIGN GOVERNMENT, DO YOU HAVE THEIR APPROVAL TO CONOUCT THE ACTIVITY YOU Savannah River Ecology Laboratory PROPOSES Yes 3£] NO Ailken, S. Carolina - W ildlife Refuges { t i p » » , l i » t futfediction* »n d tfp» o t document»! in States of Florida, Georgia & Louisiat j 'States w ill not .grant permits Interstate shipment of live animals frori until e federal permit is obtained. field g itp a to B u ffa lo and back. It. DURATION NEEOEO

»50.00 Jan. 1, 1975 3 .years UL ATTACHMENTS. THE SPECIFIC INFORMATION REQUIRED FOR.THE TYPE OP LtCCNSC/PERMlT REQUESTED (See SO C F R ¿3.12(h)) MUST B E ATTACHED. IT CONSTITUTES AN INTEGRAL PART OF THIS APPLICATION. LIST SECTIONS OF 80 CFR UNCfcR WHICH ATTACHMENTS ARE PROVIDED» Additional information attached as per CFR 13.12 and CFR 17.23

CERTIFICATION. I HERESY CERTIFY THAT I HAVE READ AMO AM FAMILIAR WITH THE REGULATIONS CONTAINED IN TITLE 50..PART 1J, OF THE CODE OF FEOERM. REGULATIONS AND THEOTHER APPLICABLE PARTS IN SUBCHAPTER B OF CHAPTER I OF TITLE SO. AND I FURTHER CERTIFY THAT THE INFOR­ MATION SUBMITTED IN THIS APPLICATION FOR A LICENSE,PERMIT IS COMPLETE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BEUEP. I UNDERSTAND THAT ANT FALSE STATEMENT HEREIN MAT SUBJECT ME TO THE CRIMINAL PENALTIES OF II U.S.C 1001. DATE -a/12/74-

/ December 2* 1974

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3232 NOTICES

Additional I nform ation . plywood to provide ventilation. A water sup­ Applicant: Mr. Robert B. Berry, R.D. #1, ply will be provided. Shipment will either be 13.12a. Chester Springs, Pennsylvania 19425. via air express or by State of New York ve­ 1-4. See application. December 16, 1974. hicle under the care of Biology Department 5. Endangered Species Permit. Under 13.12b personnel. Cages will be up to 2 ft. x 3 ft. x Mr. L en A. G reenw alt, the following information is required. That Director, U.S. Fish and Wildlife Service, required by 17.23, see below. 6 ft. in sfze for the 5 ft. long animals. Animals will not be fed in transit since travel time Department of the Interior, 6. Does-not apply. Washington, D.C. 20240. 7-11. See application. will be less than 1 day. 17.23a. Veterinary care is available from the cen­ Dear M r. Greenw alt : In accordance with tral animal care facility of SUNY—Buffalo, the provisions of Regulation 50 CFR 17, part 1. American Alligator— Alligator mississip- piensis. for all animals at the State College facility. 17-23 regulating Endangered “Wildlife, I am enclosing complete application few “special Up to 30 individuals of mixed sexes 1 ft. to The complete Research Proposal and use” permit to hold peregrine falcons in cap­ 5 ft. in length, age unknown, to be brought other information submitted in connec­ tivity for propagation and réintroduction to State University College per year for each purposes. Specifically, please find original of three years. tion with this application are available letter of submission to Mr. Leo J. Badger, Up to 10 individuals of mixed sexes, fo r public inspection during normal busi­ Application for Migratory Bird Permit (Form lengths up to 15 It, and ages— 0 years to ness hours at the Service’s office in Suite 3-200) with attached Schedule I, Project adult to be studied at Savannah River 60Q, 1612 K Street, N.W., Washington, Outline and Application for Migratory Bird Ecology Laboratory per year for each of three D.C. Permit for an individual, with attached years. Interested persons may comment on Project Outline, Personal Resumé, photo­ Up to 10 individuals of mixed sexes, this application by submitting written graphs of the Chester Springs breeding fa­ lengths up to 15 ft. and ages— 0 years to cility, and the Peregrine Fund Newsletters adult to be studied at wildlife refuges in data, views, or arguments, preferably in No. 1 and 2. Florida, Georgia, arid Louisiana, probably in­ triplicate, to the Director (FWS/LE), Several months have transpired since my cluding Okefenokee Swamp in Georgia and Pish and Wildlife Service, Post Office Box letter of original submission and we are Rockefeller Refuge in Louisiana, per year rapidly approaching the spring breeding sea­ for each of three years. 19183, Washington, D.C. 20036. All rele­ son. If you anticipate a delay in the approval 2. No importation planned. vant comments received on or before of this permit, I would appreciate interim 3. For detailed information see Appendix I. February 19,1975 will be considered. approval to receive one yearling male captive Laboratory experiments entail implanting bred peregrine falcon (Falco peregrinus tun- thermocouples in alligators to monitor in­ Dated: January 14,1975. drius) from Cornell’s Peregrine Fund Pro­ ternal temperatures of animals exposed to gram. L o r e n P archer, specific temperatures in an environmental K. The young male is to be placed with a Acting Chief, Division of Law chamber. After experiments animals will be currently unmated four-year-old female Enforcement, U.S. Fish and returned to the site of their capture. Field peregrine falcon in my facility. In order to experiments entail monitoring body tempera­ Wildlife Service. reduce probable hostility and a real threat tures of free roaming alligators in their [FR Doc.75-1678 Filed 1-17-75;8:45 amJ natural habitat. Radio transmitters will be to the welfare of the male falcon, the trans-; force fed to alligators. Past research has fer should be undertaken during the period demonstrated that this will not harm the ROBERT B. BERRY of greatest sexual quiescence. Your immedi­ animals. All alligators will be returned to ate consideration to this urgent request is the wild after being studied. None of the Endangered Species Permit; Receipt of appreciated. experiments being planned will be lethal. Application As in any research effort the death of one I trust the above information will enable or two individuals is a possibility but is not Notice is hereby given that the follow­ you to issue the desired “special use” permit. expected. For additional information see ap­ ing application for a permit is deemed to Very truly yours, pended copies of scientific articles in Appen­ have been received under section 10 of R obert B. Berry, dix II. Professional competence of the appli­ the Endangered Species Act of 1973 (Pub. Research Collaborator, cant is demonstrated by his curriculum vita L. 93-205). The Peregrin»Fund. (Appendix III) and by the fact that the Atomic Energy Commission has approved Schedule I — Ha w k s and F alcons H eld a t Chester Springs Br an c h F a c il it y of th e this research (see Appendix IV for copy of P eregrine F und, Subm itted A ugust 8,1974 AEC contract). 4. Animals studied in the field will be left Species name Origin Date captured Location held in their natural environment. A n im a ls studied in the laboratory will be maintained American Goshawk______Pennsylvania______•_ Jnne 1971..______Chester Springs. in the animal room facility of the Biology Do.______do...... June 1966______Do. Department, (see Appendix V for drawing), Gyrfalcon1. ___ _.______Baffin Island, N.W .T.. October 1967_____ Do, D o 2______Quebec______State University College at Buffalo. This June 197k______; Do. Do 2___ . ______.do___ ./______Jtme 1972______Do. facility is located in the New Science build­ Do------__------do______June 1971______Do. ing on the Elmwood Ave. Campus. It Do...... *______do______,k_ June 1972______Do. ' features an aquatics room that is well Peregrine Falcon2______Assateague Island, Md. October 1967_____ Do: Do 2______Texas____ :______June 1969-..._____ Do. lighted and ventilated, with ceramic tile D o______;______:___ Quebec______July 1971„...... Do. walls and floors. Seven individual pens with Do *______: ___ V iet Nam______November 1969.... Do. sloping floors and individual water supplies Do______Quebec______July 1970...... Do. can hold temporarily several alligators up Do______v______do___ J...... June 1971______Do. Do____ ;______Assateague Island, Md. October 1966..__ _ Do to 5 ft. in total length. Continuously flowing Do______Quebec-______July 1971...... Do. water up to 12 inches in depth is maintained Do______Keewatin, N.W.T _____ July 1966______Do. in each pen. A dry basking area is also avail­ able with an incandescent lamp in each pen. } On loan from Bichard A . Graham (returned to Graham September 1974). Alligators will be fed fish, rats, and mice. 2 Held under Pennsylvania Falconry Permit No. 33299. Animals will be brought to the laboratory, 2 On loan from Dr. Granger Hunt. * On loan from Richard A . Graham and James B. Robinson. acclimated for up to two weeks in the animal room, tested for one week and then re­ R obert B. Berry, *8 Peregrine Falcons. turned to their native habitat. Research Collaborator. *2 Gyrfalcons. 2 American Goshawks. 5. Does not apply. P roject Ou t l in e List membership in ornithological, con­ 6. Wild alligators must be used to obtain Applicant: Robert B. Berry—Yellow servation, or scientific organizations: Re­ valid results. Zoo animals lose their natural Springs Road, Chester Springs, Pa. 19425. search Collaborator, Cornell University Lab­ thermoregulatory behavior and may provide Detail reasons for need of specimen reten­ oratory of Ornithology, Ithaca, New York; faulty information. tion and/or collection. Include study title; Raptor Research Foundation, Inc., Vermil­ 7. Does not apply. project outline, include scheduled date for lion, South Dakota. completion; research objective, if any; and TRANSPORT OF ALLIGATORS Additional information or remarks. (Show nam e(s) of faculty advisor(s), sponsorship, cooperators here.) Wild caught animals will be sent to Buffalo etc., where applicable: See Attached Project in appropriately labeled, sturdy Crates made Outline. of % " plywood supported and strengthened List numbers and species of birds re­ *2 Gyrfalcons and 1 Peregrine Falcon held by 2 " x 4 " boards. Holes will be drilled in the quired: under Pennsylvania Falconry Permit.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3233

See Above and Attached Resume. falcons. The short-term practical goal is to In the 1974 year, 8 Peregrine Falcon eggs develop a self-perpetuating captive falcon were received, all of which were infertile. The Approved by— ______population on a scale large enough to provide goshawks laid 5 eggs, one of which was fertile State Conservation Department a continuing supply for scientific, educa­ by cooperative insemination, regretfully dy­ tional, and recreational uses. The long-term ing immediately prior to hatching. Date goal is the réintroduction of Peregrines in FUTURE PROSPECTS Signature ______natural areas from which they have been U.S. Pish & Wildlife Service extirpated, The probability of successful Peregrine DURATION Falcon propagation in 1975 here in Chester Date Springs is good, with the odds swinging in We estimate that it will" take 3 to 5 years my favor for the first time. I now have three Supplem ent to Application For M igratory of exeprimental work to achieve the im­ pairs of eyas falcons and one mixed passage- B ird Permit mediate goal of breeding falcons on a con­ eyas pair that are sexually mature and sistent and predictable basis. The long-range Following to be completed if applicant is socially compatible. As mentioned above, one goal of restocking may require another 10 an individual: of these pairs laid eggs in 1974. They are a years and will only be feasible if there has Name: Robert B. Berry. good bet in 1975. The other pairs will be been significant abatement of chemical pol­ experiencing their first full season together. Mailing Address: R.D. 1, Yellow Springs lution by that time. One of the major problems to falcon breeding Road, Chester Springs, Pa. 19425. HISTORY is compatibility, and it takes years to get the Phone No. (215) 827—7147. right birds together. The young Quebec fe­ Date of Birth: 3/3/36, Height: 6'0", The world of nature lias been my world male gyrfalcon (age 4) may lay in 1975, but Weight: 160 lbs. for as long as I can remember. Insects, birds, the eggs may be infertile because of the and animals, followed by fishing, hunting Color of Hair: Brown, Color of Eyes: younger male (age 3). Prospects for a suc­ and falconry wére the consuming passions of Brown, Sex: Male. cessful year with the goshawks are excellent my youth. Only the emphasis has changed, Business or institutional affiliation, if any, with the knowledge gained this season, if a a result of the already staggering effects of suitable male can be located. having to do with the wildlife to be covered environmental degradation upon our wild­ The above programs are admittedly vision­ by the permit: Research Collaborator, Cor­ life heritage. As a falconer and a conserva­ ary, but I believe they can be accomplished nell University Laboratory of Ornithology. tionist, I saw my first hunting companion, with hard work. They will require money Following to be completed if applicant is a the Cooper’s hawk, vanish from eastern and a great deal of goodwill and understand­ corporation, firm, partnership, institution, or Pennsylvania in the early 1950’s. The mag­ ing from federal authorities, state conserva­ agency, either private or public: nificent Peregrine Falcon followed shortly tion departments, researchers,'falconers, and thereafter and is now totally extinct as a Name and address of the president or prin­ the concerned public. cipal-officer: N/A. breeding bird east of the Mississippi and Certification (To be completed by all ap­ south of the St. Lawrence River Basin. Rem­ R esum e plicants). nant stocks exist in the West but are de-- dining rapidly. ROBERT B. BERRY, YELLOW SPRINGS ROAD, I hereby certify that I have read and am More than 20 yeans of falcony experience CHESTER SPRINGS, PENNSYLVANIA familiar with the regulations contained in with the Peregrine Falcon coupled with ex­ Education: Title 50, Part 13, of the Code of Federal Reg­ tensive field studies of this species both in The Haverford School, graduated 1954. ulations and the other applicable parts in the arctic and on southern migration routes The Pennsylvania State University, 1959, Subchapter B of Chapter I of Title 50, and I and established liaison with the scientific B. S., President, Delta Tau Delta Fra­ further certify that the information sub­ and business community places me in a ternity. mitted in this application for a permit is unique position to make a significant con­ complete and accurate to the best of my tribution to the survival of the Peregrine Wharton Graduate Division of the Univer­ knowledge and belief. I understand that any Falcon and other endangered raptors through sity of Pennsylvania, 1961, M. J5. A. (In ­ false statement hereon may subject me to the captive breeding. surance) . criminal penalties of 18 U.S.C. 1001. Professional Services and Experience: CURRENT STATUS Dated: October 22, 1974. Vice President, United States Liability In­ R obert B. Berry. As Research Collaborator of Cornell Uni­ surance Group, in charge of nationwide versity’s Laboratory of Ornithology, I operate casualty underwriting. January 1963 to Please refer to applicable part of rules and a branch facility of The Peregrine Fund, lo­ present date. regulations for additional information re­ cated in Chester Springs, Pennsylvania. I Casualty Reinsurance Underwriter, Stuy- quired on permit applications. am currently studying raptor behavior in vesant Insurance Company. June 1961 falconry and am engaged in several raptor Project Ou t lin e —R aptor Propagation Pro­ to December 1963. population surveys in the Arctic and along gram, Chester Springs Branch of Cornell Automobile Underwriter, United States the Atlantic beaches. My captive propagation U niversity's Peregrine F und efforts encompass both the large falcons and Liability Insurance Group, December 1958 to January 1961. purpose the accipiters. Research facilities include a sizable behavioral ecology laboratory, similar Practice of Falconry: has used all of the The Peregrine Falcon, once the most cos­ in design to the Cornell facility, measuring commonly trained diurnal raptors native mopolitan bird of prey, is threatened in 50 feet long by 36 feet wide and from 12 to to North America; extensive local and North America and Europe because of sub- 20 feet in height, suitable for housing up to arctic field study of birds of prey; spe­ lethal effects of DDT and related chemical 10 pairs* of falcons. Additional outbuildings cialized in peregrine falcon from 1950 to pollutants that alter its reproductive physi­ are available for falcons as well as several present date with more than 50 individ­ ology and cause the production of abnormal­ spacious wire enclosed aviaries for accipiters. ual birds handled In falconry and for ly thin eggshells, which break before hatch­ scientific studies. 1946 to present date. ACCOMPLISHMENTS ing. In North America alone, the species has Federal Bird Banding (Permit No. 8861) already disappeared as a breeding hird east My most significant contribution to date with Pennsylvania, Maryland, and Vir­ of the Rocky Mountains and south of the lies in the development of a new technique ginia state permits; specializing in rap­ Canadian boreal forests. In the West there for the artificial insemination of raptors. In tors. 1962 to present date. are fewer than 25 eyries where Peregrines 1970, four fertile eggs from American gos­ still breed. Even though the United States Captive breeding and behavioral studies of hawks (Accipiter gentilis) were obtained American goshawk, Cooper’s hawk, pere­ government has banned use of DDT, it is too from what I have termed “cooperative” arti­ late to be of much value in saving America’s grine falcon and gyrfalcon; pioneered in ficial insemination. In 1971, three young the artificial insemination of raptors. Peregrine Falcons. More than two-thirds of goshawks were successfully fledged, a first the 1% million tons of DDT man has pro­ 1965 to present date. for both cooperative insemination and the Annual Arctic Census of Peregrine Falcon duced since 1946 is still chemically active, propagation of the American goshawk in and its use is still increasing in Latin Amer­ captivity. populations and other raptors, includ­ ica, the winter home of many Peregrines and I have also pioneered in propagation ing collection of addled eggs, prey re­ theiy prey. Many ornithologists and conser­ studies with Peregrine Falcons taken into mains and falcon biopsies for pesticide vationists feel that wild Peregrines are captivity during their first southward migra­ analysis. 1967 to present date. doomed in most of North America and that tion. Based upon my observations as sup­ Annual Autumn Census of Migrating Pere­ one way to keep the species lies in captive ported by other private breeding projects, propagation. we are now able to rule out categorically the grine Falcons on Assateague Island Na­ SCOPE probability of the “passage” falcons’ success­ tional Park, Maryland—survey sanc­ The main operational objective of this pro­ ful reproduction in captivity. tioned by the Department of the Interior gram is to maintain a research facility that and supported by the U.S. Army. 1970 can accommodate an experimental colony of *See photos attached. to present.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3234 NOTICES

Panel Chairman, Artificial Insemination are hereby defined as an addition to the T. 25 S., R. 7 W., in Birds of Prey, Special Conference on Geysers and Calistoga known geothermal Secs. 10, 11, and 14; Captivity Breeding of Raptors sponsored resources areas, effective February 1, Secs. 21 to 24, inclusive^ by Raptor Research Foundation, Inc., Secs. 27 and 35. Sioux Falls, South Dakota. 1974: T. 26 S., R. 6 W., Member: (5 ) Califo r n ia Raptor Research Foundation, Inc., Asso­ Secs. 5 to 8, inclusive; ciate and Contributor. 1964. Research GEYSERS-CALISTOGA KNOWN GEOTHERMAL Secs. 17 to 19, inclusive. Collaborator, Cornell Laboratory of Or­ RESOURCES AREA T. 26 S., R. 7 W„ nithology. Elected June 1971. Mt. Diablo Meridian, California Secs. 1 and 2; Publications: Secs. 9 to 13, inclusive; 1964. Berry, R. B. He Hunts with the Wild T. 9 N., R. 6 W., Secs. 23 and 24. Falcon. The Saturday Evening Post, 20 Secs. 1 through 30, 33 through 36. June: 62-65. T. 10 N., R. 6 W.» The area described aggregates 24,874 1968. Berry, R. B. Captive Breeding Be­ Secs. 19, 28 through 34. acres, more or less. T. 9 N„ R. 7 W., havior—American Goshawk—Part I, A diagram showing the boundaries of Raptor Research, 2 (3 ): 58-97. Secs. 1 through 6, 9 through 15, 23, 24. 1970. Berry, R. B. Captive Breeding Be­ T. 10 N., R. 7 W „ the area classified for competitive leas­ havior------American Goshawk—Part II. Secs. 8,16 through 36. ing has been filed with the appropriate Raptor Research, 4 (1 }: 18-31. T. 9 N., R. 8 W., land office of the Bureau of Land Man­ 1971. Berry, R. B. Peregrine Falcon Popu­ Sec. 1. lation Survey— Assateague Island, Mary­ T. 10 N„ R. 8 W , agement. Copies of the diagram and the land, fall 1969. Raptor Research, 5(1) :31- Secs. 13 through 17, 21 through 27, 34 land description may be obtained from 43. through 36. the Regional Conservation Manager, 1972. Ward. F. P. and R. B. Berry. Autumn Mallacomes or MorlstuI Grant 60 Migration of Peregrine Falcons on As­ Mallacomes or Moristul y Plan de Agua U. S. Geological Survey, Building 25, Den­ sateague Island in 1970 and 1971. Journal Caliente Grant 61 ver Federal Center, Denver, Colorado of Wildlife Management, 36(2) :484-492. Came Humana Grant 79 80225. 1972. Berry, R. B. Reproduction by Artificial Insemination in Captive American Gos­ The area described totals 92,509 acres, G eorge H . H o r n , hawks. Journal of Wildlife Management, more or less. Conservation Manager, Central Region. 36(4): 1283-1288. Dated: December 24,1974. 1972. Grier, J. W., R. B. Berry and S. A. D ecem ber 23, 1974. Temple. Artificial Insemination with Im ­ W illa r d C. G ere, printed Raptors. North American Fal­ Conservation Manager, [FR Doc.75-1761 Filed 1-17-75;8:45 am] coners’ Assoc. Journal 11:45-55. Western Region. 1973. Berry, R. B. and F. P. Ward. Autumn Migrations of Peregrine Falcons on As­ [FR Doc.75-1760 Filed 1-17-75:8:45 am] sateague Islands, 1970-1972. Proceedings National Park Service Conference on Raptor Conservation [INT FES 75-1} Techniques, Colorado State University, UTAH 22—25March 1973 (inpress). BIG BEND NATIONAL PARK, TEX. Honors: Known Geothermal Resources Areas Availability of Final Environmental 1972. Recipient of African Safari d u b An­ Statement nual Conservation Gold Medal Award Pursuant to the authority vested in the and Certificate. Secretary of the Interior by section 21 (a) Pursuant to section 102(2) (C) of the of the Geothermal Steam Act of 1970 National Environmental Policy Act of Documents and other information sub­ (84 Stat. 1568,1572; 30 U.S.C. 1020), and mitted in connnection with this applica­ delegations of authority in 220 Depart­ 1969, the Department of the Interior tion are available for public inspection mental Manual 4.1 H, Geological Survey has prepared a final environmental state­ during normal business hours at the Manual 220.2.3, the Conservation Divi­ ment for the proposed Wilderness Rec­ Service’s office in Suite 600,1612 K Street, sion Supplement (Geological Survey ommendation for Big Bend National N.W., Washington, D.C. Manual) 220.2.1 G, the following de­ Park, Texas. Interested persons may comment on scribed lands are hereby defined as The environmental statement con­ this application by submitting written known geothermal resources areas: data, views, or arguments, preferably in siders the designation of 533,900 acres triplicate, to the Director (PWS/LE), (44) Ut a h of the Park as wilderness within the Na­ Pish and Wildlife Service, Post Office Box THERMO HOT SPRINGS KNOWN GEOTHERMAL tional Wilderness Preservation System 19183, Washington, D.C. 20036. All rele­ RESOURCES AREA and an additional 25,700 acres as po­ vant comments received on or before Feb­ Salt Lake Meridian tential wilderness addition. The state­ ruary 19, 1975 will be considered. T. 30 S., R. 11 W., ment discusses social, scientific, cultural Dated: January 14,1975. Secs. 20 to 22, inclusive; and economic aspects of the action. Secs. 25 to 28, inclusive; L o r e n K . P archer, Copies are available from or for in­ Secs. 31 to 35, inclusive. Acting Chief, Division of Law spection at the following locations;- Enforcement, U.S. Fish and T. 30 S., R. 12 W. Secs. 1, 9,10, 12,14, and 15; Southwest Regional Office Wildlife Service. ^ Secs. 19 to 23, inclusive; National Park Service * [FR Doc.75-1679 Filed 1-17-75:8:45 am] Secs. 25 to 30, inclusive; Old Santa Fe Trail Sec. 35. Post Office Box 728 Santa Fe, New Mexico 87501 The area described aggregates 17,922 Geological Survey Office of the Superintendent acres, more or less. Big Bend National Park GEYSERS-CALISTOGA, CALIFORNIA COVE FORT-SULPHUR BALE GEOTHERMAL Texas Known Geothermal Resources Area RESOURCES AREA Assistant to the Regional Director, Texas National Park Service Salt Lake Meridian Pursuant to the authority vested in the 819 Taylor Street Secretary of the Interior by section 2(a) T. 24 S„ R. 6 W „ Fort Worth, Texas 76102 of the Geothermal Steam Act of 1970 (84 Secs. 32 and 33. Stat. 1566, 1572; 30 U.S.C. 1020), and T. 24 S., R. 7 W., Dated: January 8, 1975. delegations of authority in Departmental Sec. 35. S t a n l e y D . D o r e m u s , Manual 4.1 H, Geological Survey Manual T. 25 S., R. 6 W., Deputy Assistant Secretary 220.2.35 and Conservation Division Sup­ Secs. 5, 8, and 17; of the Interior. plement (Geological Survey Manual) Secs. 19 to 21, inclusive; 220.2.1 G, the following described lands Secs. 28 to 33, inclusive. [FR Doc.75-1732 Plied 1-17-75;8:45 am]

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975

/ NOTICES 3235

DEPARTMENT OF AGRICULTURE watershed plan was approved for opera­ tion 5 of Executive Order 10096 and Ex­ tions on April 1, 1969 and construction ecutive Order 10930.” Agricultural Marketing Service began in 1969. Forty-nine miles of the Effective date: December 31,1974. FLUE-CURED TOBACCO ADVISORY proposed 83 miles of channel work have COMMITTEE been constructed. The environmental G u y W. Chamberlin, Jr., Notice of Meeting impact statement is prepared for the 34 Acting Assistant Secretary miles of channel and land treatment for Administration. The Flue-Cured Tobacco Advisory measures remaining to be installed. The [FR Doc.75-1718 Filed l-17-75;8:45 am] Committee which was scheduled for Jan­ channel work will involve clearing and uary 31, 1975, (40 FR 2243, 1-10-75) is debris removal on 2 miles of existing postponed until Monday, February l(f, channel. Thirty-one miles of channel [Dep. Organization order 30-2B, Amend. 2] 1975, at 1 p.m., in the Board Room of the work will involve those with only ephem­ NATIONAL BUREAU OF STANDARDS Flue-Cured Tobacco Cooperative Stabili­ eral flow. The balance involves exist­ zation Corporation, 522 Fayetteville ing ponded water. Organization and Functions Street, Raleigh, North Carolina 27602. A limited supply of copies are available This order, effective December 10,1974, The reason for the postponement is at the following location to fill single further amends the material appearing that subsequent to the issuance of the copy requests; at 38 FR 27427 of October 3,1973; and 39 notice of the meeting scheduled for Jan­ Soil Conservation Service, USDA, 3737 Gov­ FR 43565 of December 16,1974. uary 31, 1975, it became apparent that ernment Street, Alexandria, Louisiana Department Organization Order 30-2B greater representation by Committee 71301. dated September 11, 1973, is hereby fur­ members and supporting staff would be ther amended as follows: achieved by rescheduling the meeting on Copies of the draft environmental im­ pact statement have been sent for com­ 1. In section 11. Insittute for Materials February 10,1975. Research, Paragraph .04 is renumbered The purpose of the meeting is to fur­ ment to various Federal, State, and local agencies as outlined in the Council on .05. A new paragraph .04 is added to read ther review the report of the 5-Man as follows: Subcommittee appointed at the Octo­ Environmental Quality Guidelines. Com­ ments are also invited from others hav­ “ .04 The Office of Air and Water ber 14, 1974, meeting of the Committee Measurement shall provide central man­ and consider areas of improving the ing knowledge of or special expertise on environmental impacts. agement of a Bureau-wide program on grower designation plan for sthe 1975 the development of new or improved flue-cured marketing season. Also, mat­ Comments concerning the proposed action or requests for additional infor­ methods of measurement of environmen­ ters, as specified in 7 CFR Part 29, Sub­ tal pollutants and shall evaluate data on part G, § 29.9404 will be discussed. mation should be addressed’ to Alton Mangum, State Conservationist, Soil the generation of physical and chemical The meeting is open to the public but parameters associated with pollutant for­ space and facilities are limited. Public Conservation Service, 3737 Government Street, Alexandria, Louisiana 71301. mation and dissipation.” participation will be limited to written 2. The organization chart attached.to statements submitted before or at the Comments must be received on or be­ fore March 12, 1975 in order to be con­ this amendment supersedes the organiza­ meeting ünless their participation is tion chart dated November 29, 1974. A otherwise requested by the Committee sidered in the preparation of the final environmental impact statement. copy of the Organization chart is at­ Chairman. Persons, other than members, tached to the original of this document who wish to address the Committee at (Catalog of Federal Domestic Assistance on file in the Office of the Federal the meeting should contact Mr. J. W. Program No. 10.904, National Archives Refer­ Register. York, Director, Tobacco Division, ' Agri­ ence Services) cultural Marketing Service, 300— 12th Dated: January 10, 1975. Effective date : December 10,1974. Street, S.W., United States Department G u y W. Chamberlin, Jr., W il l ia m B. Davey, of Agriculture, Washington, D.C. 20250, Acting Assistant Secretary (202) 447-2567. Deputy Administrator for Water Resources, Soil Con­ for Administration. E. L. P eterson, servation _ Service. [FR Doc.75-1719 Filed l-17-75;8:45 am] Administrator, [FR Doc.75-1759 Filed 1-17-75:8:45 am] Agricultural Marketing Service. [Dept. Organization Order 30-7A, Arndt. 1] January 15, 1975. DEPARTMENT OF COMMERCE NATIONAL TECHNICAL INFORMATION [FR Doc.75-1779 Filed 1-17-75;8:45 am] Office of the Secretary SERVICE [Dept. Organization Order 10-1, Arndt. 1] Organization and Functions Soil Conservation Service ASSISTANT SECRETARY FOR SCIENCE This order, effective December 31, WEST FORK OF BAYOU LACASSINE AND TECHNOLOGY 1974, amends the material appearing at WATERSHED PROJECT, LA. Delegation of Authority 35 FR 14475 of September 15, 1970. Department Organization Order 30-7A, Availability of Draft Environmental Impact This order, effective December 31,1974, Statement dated September 2, 1970, is hereby amends the material appearing at 37 FR amended as follows: Pursuant to section 102(2) (C) of the 5401 of March 15, 1972. 1. In sqption 3.. Delegation of Author­ National Environmental Policy Act of Department Organization Order 10-1, ity. Amend paragraph 3.01 to read : 1969; Part 1500 of the Council on En­ dated February 1,1972, is hereby amend­ “ .01 Pursuant to the authority vested vironmental Quality Guidelines (38 FR ed as follows: In section 4. Delegation of in the Secretary of Commerce by law and 20550, August 1,1973); and Part 650.7(e) authority: subject to such policies and directives as of the Soil Conservation Service Guide­ a. Delete the word “and” at the end of the Secretary of Commerce or the Assist­ lines (39 FR 19650, June 3, 1974); the subparagraph 4.01e. ant Secretary for Science and Technology Soil Conservation Service, U.S. Depart­ b. Delete period at end of subparagraph may prescribe, the Director is hereby ment of Agriculture, has prepared a 4.01f. and add semicolon and the word delegated the authority of the Secretary draft environmental impact statement “ and” . under: for the West Fork of Bayou Lacassine c. Add a new subparagraph 4.01g. to “a. Chapter 23 of Title 15, United Watershed Project, Jefferson Davis read: States Code, which pertains to a clear­ Parish, Louisiana, USDA-SCS-EIS-WS- “g. Set policy guidelines on whether and inghouse for technical information. ( ADM)-75-4-(D)-LA. where (1) to procure foreign patent pro­ “ b. Executive Order 9865, as amended The environmental impact statement tection for Government-owned inventions by Section 5 of Executive Order 10096 concerns a plan for watershed protec­ and (2) to issue licenses therefor under and Executive Order 10930, to the extent tion, flood prevention, and drainage. The Executive Order 9865, as amended by Sec­ that this authority is not reserved to the

FEDERAL REGISTER, V O L 40, NO. 13— MONDAY, JANUARY 20, 1975 3236 NOTICES

Assistant Secretary for Science and sioner, the Deputy Commissioner shall to the Committee Control Officer at least Technology in Department Organization act as Commissioner. I f the Deputy Com­ three days prior to the meeting. Order 10-1. missioner is likewise absent or that office Persons planning to attend and wish­ “ c. Other authorities that are applica­ is vacant, one of the assistant commis­ ing additional information concerning ble for performing the functions as­ sioners appointed under 35 U.S.C. 3 or this meeting should contact the Commit­ signed in this order.” the Solicitor of the Patent Office, or the tee Control Officer, Mr. J. Jack Ingram, 2. In section 4. Functions. Delete theAssistant Commissioner for Administra­ Deputy Chief, Demographic Census Staff, word “ and”'under subparagraph f. and tion shall act as Commissioner in an Bureau of the Census, Room 3779, Fed­ add new subparagraphs h. and i. to read: order of precedence prescribed by the eral Building 3, Suitland, Maryland. “h. Procure foreign patent protection Commissioner.’ ’ (Mailing address: Washington, D.C. for Government-owned inventions and 2. In section 3. Delegation of authority.20233). Telephone: (301) 763-5169. issue licenses therefor under Executive Subparagraph 3.02(b) is changed to read Dated: January 15,1975. Order 9865, as amended. as follows: V incent P. Barabba, “i. Provide liaison and coordination “ b. The functions in Executive Order Director, Bureau of the Census. with the Committee on Government 10096 (except section 5) and Executive Patent Policy of the Federal Council for Order 10930, insofar as these functions [P R Doc.75-1730 Filed l-17-75;8:45 am] Science and Technology, furnish execu­ relate to determining the ownership of tive secretariat support to the Committee, patents and rights to inventions made by DEPARTMENT OF HEALTH, advise the Assistant Secretary for Science Government employees.” and Technology on Committee matters, EDUCATION, AND WELFARE and assist in the development and for­ G u y W. Chamberlin, Jr., Office of Education mulation of a uniform Government-wide Acting Assistant Secretary patent policy.” for Administration. COLLEGE LIBRARY RESOURCES PRO­ GRAM; LIBRARY RESEARCH AND DEM­ G u y W. Chamberlin, Jr., [PR Doc.75-1720 Piled 1-17-75;8;45 am] ONSTRATION PROGRAM; LIBRARY Acting Assistant Secretary TRAINING PROGRAM for Administration. Social and Economic Statistics Notice of Change of Closing Date for [P R Doc.75-1721 Plied 1-17-75;8:45 am] Administration Receipt of Applications CENSUS ADVISORY COMMITTEE ON THE Pursuant to the authority contained [Dept. Organization Order 30-3A, Arndt. 1] BLACK POPULATION FOR THE 1980 in: sections 201-208 of Title n, Part A CENSUS PATENT OFFICE of the Higher Education Act of 1965, as Notice of Public Meeting amended (20 U.S.C. 1021-1028)—Col­ Organization and Functions lege Librarv Resources Program; sec­ The Census Advisory Committee on the This order, effective December 31, tions 201, 221, and 223 of Title n , Part Black Population for the 1980 Census B of the Higher Education Act of 1965, as 1974, amends the material appearing at will convene on February 27, 1975 at 38 FR 1068 of January 8,1973. amended (20 U.S.C. 1021, 1031, and 8 p.m. at Stouffer’s National Center Inn, 1034), Library Research and Demonstra­ Department Organization Order 30-3A, 2399 Jefferson Davis Highway, Arlington, dated December 15, 1972, is hereby tion Program and sections 201, 221, and Virginia, and on February 28, 1975 at 222 of Title II, Part B of the Higher Ed­ amended as follows: 9:30 a.m. in Room 2113, Federal Building 1. In section 2. Status and line of au­ ucation Act of 1965, as amended (20 3 at the Bureau of the Census in Suit- U.S.C. 1021, 1031, and 1033), Library thority. a. Paragraph .02 is changed to land, Maryland. read as follows: Training Program, notice was pub­ This is the first meeting of the Com­ “ .02 The Commissioner of Patents lished in the F ederal R egister on De­ mittee, which consists of 21 members. cember 26, 1974, (39 FR 44672) estab­ (hereinafter called the Commissioner), The Committee was established in Octo­ who is appointed by the President by and lishing a closing date. The purpose of ber 1974 to advise the Director, Bureau this notice is to establish a changed final with the advice and consent of the Sen­ of the Census, on such 1980 Census plan­ ate, shall be the head of the Patent Office. closing date for receipt of applications. ning elements as improving the accuracy Pursuant to the Higher Education Act He shall be principally assisted by a of the population count, recommending Deputy Commissioner, three Assistant of 1965, as amended, cited above, the subject content and tabulations of espe­ final closing date for receipt of such Commissioners, whose titles and status cial use to the black population, and are specified below, and a Solicitor. The basic grant applications is February 28, expanding the dissemination of census 1975. First Assistant Commissioner (Deputy results among present and potential Commissioner) and the first two Assist­ A. Applications sent by mail. An appli­ users of census data in the black cation sent by mail should be addressed ant Commissioners are provided for by 35 population. U.S.C. 3 and are appointed by the Presi­ as follows: U.S. Office of Education, Ap­ dent by and with the advice and consent The agenda for the February 27 ses­ plication Control Center, 400 Maryland sion, which will adjourn at 9:30 p.m., in­ of the Senate. Avenue SW., Washington, D.C. 20202, “ a. The Deputy Commissioner (First cludes a general overview of the Census Attention: 13.406, College Library Re­ Bureau’s mission, the role of the Com­ Assistant Commissioner under 35 U.S.C. sources Program; or 13.475 Library Re­ mittee, introduction of members, and 3). search and Demonstration Program; or procedural matters. The agenda for the 13.468 Library Training Program. “b. The Assistant Commissioner for February 28 session, which will adjourn Patents (an Assistant Commissioner un­ An application sent by mail will be at 4:15 p.m. includes the following items: considered to be received on time by der 35 U.S.C. 3). (a) summary descriptions of several “c. The Assistant Commissioner for the Application Control Center if: major elements of the Bureau’s program, (1) The application was sent by reg­ Trademarks (an Assistant Commissioner (b) current status of 1980 census plan­ under 35 U.S.C. 3). istered or certified mail not later than ning, (c) 1980 census minority statistics the fifth calendar day prior to the clos­ “ d. The Assistant Commissioner for programs, (d) coverage of population in ing date (or if such'fifth calendar day is Administration.” the 1970 census and implications for pub­ a Saturday, Sunday, or Federal holiday, b. Paragraph .03 is changed to read: lic programs, (e) participant-observer not later than the next following busi­ “ .03 The Deputy Commissioner or, in (ethnogrâphic) techniques for coverage ness day), as evidenced by the U.S. Postal the event of a vacancy in that office, the research. Service postmark on the wrapper or en­ assistant commissioner appointed under A limited number of seats—approxi­ velope, or on the original receipt from 35 U.S.C. 3 who is senior in date of ap­ mately 15—will be available to the public. the U.S. Postal Service; or pointment, shall act as Commissioner A brief period will be set aside for public (2) The application is received on or during a vacancy in that office until a comment and questions at the Febru­ before the closing date by either the De­ Commissioner is appointed and takes ary 28 session. Extensive questions or partment of Health, Education, and W el­ office. In the absence of the Commis­ statements must be submitted in writing fare, or the U.S. Office of Education

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3237

mail rooms in Washington, D.C. (in es­ The application may be inspected at monwealth Edison Company (CECo) to tablishing the date of receipt, the Com­ the office of the Board of Governors or conduct certain site activities in con­ missioner will rely on the time-date at the Federal Reserve Bank of Kansas nection with the Braidwood Station, stamp of such mail rooms or other doc­ City. Any person wishing to comment on Units 1 and 2 prior to a decision regard­ umentary evidence of receipt maintained the application should submit views in ing the issuance of a construction by the Department of Health, Educa­ writing to the Secretary, Board of Gov­ permit. tion, and Welfare, or the U.S. Office of ernors of the Federal Reserve System, The activities that are authorized are Education). Washington, D.C. 20551, to be received within the scope of those authorized by B. Hand delivered applications. An ap­ not later than February 10, 1975. 10 CFR 50.10(e)(1) and specifically in­ plication to be hand delivered must be Board of Governors of the Federal clude the following: taken to the U.S. Office of Education Reserve System, January 9, 1975. Application Control Center, Room 5673, 1. Excavations and associated activi­ [ seal] G r iffith L. G arwood, ties such as de-watering for structures Regional Office Building Three, 7th and Assistant Secretary of the Board. D Streets, SW., Washington, D.C. Hand and equipment, and placement of mud delivered applications will be accepted [FR Doc.75-1702 Filed l-17-75;8:45 am] mats for: (a) two containment build­ daily between the hours of 8:30 a.m. and ings; .(b) turbine room; (c) service 4 p.m. Washington, D.C. time except building; (d) auxiliary building; (e) INTERIM COMPLIANCE PANEL fuel building; (f) solid radwaste storage Saturdays, Sundays, or Federal holidays. (COAL MINE HEALTH AND SAFETY) Applications will not be accepted after building; (g) installation of portions of 4 p.m. on the closing date. CARMELLA COAL & MINERALS, INC. condenser circulating water piping, not including any class I piping; and (h) C. Program information and forms. Applications for Renewal Permits Electric Information and application forms may switchyard and on-site transmission Face Equipment Standard; Opportunity lines. be obtained from the Division of Li­ for Hearing brary Programs, Bureau of Postsecond­ Applications for Renewal Permits for - 2. Construction of the following service ary Education, Office of Education, Rm. Noncompliance with the Electric Face requirements: (a) rail spur from adja­ 5909, 7th and D Streets, Washington, Equipment Standard prescribed by the cent Illinois Central Gulf line into site; D.C. 20202'' Attn: College Library Re­ Federal Coal Mine Health and Safety (b) temporary construction track; (c) sources Program; or Library Research Act of 1969 have been received for items fencing; (d) perimeter lighting system; and Demonstration Program; or Library of equipment in underground coal mines (e) road construction, permanent and Training Program. as follows: temporary; (f) temporary construction D. Applicable regulations. The regula­ power and lighting system; (g) sanitary tions applicable to the College Library ICP Docket No. 4283-000, CARMELLA COAL system in conjunction with sewage & MINERALS, INC., (Formerly Sharon treatment plant; (h) wells for potable Resources Program were published in the Holbrook Coals, Inc.), Mine No. 1, Mine ID F ederal R egister on November 18, 1974, No. 15 02592 0, and construction water requirements; at 39 FR 40494 (45 CFR Part 131). Be­ ICP Permit No. 4283-002 (Wise 3-Phase (i) fire protection system; and (j) tem­ cause of the mandatory nature of the 220AC Rubber Tired Carrier I.D. No. porary parking lots. legislation pertaining to the basic grants, C - l ) . 3. Construction of support facilities there are no applicable criteria for the IC P Permit No. 4283-003 (Joy 12BU with necessary utilities: (a) three metal Loader, I.D. No. J - l ), awarding of these grants- warehouses (50’ x 206’ each) ; (b) metal Regulations applicable to the Library ICP Permit No. 4283-005 (Kersey BJ744 Battery Mine Tractor, I.D No. T -l), construction office (50' x 200') ; (c) metal Research and Demonstration Program ICP Permit No. 4283-007 (kersey 744N contractor’s office ; (d) metal contractor’s with funding criteria as Appendix A Mine Tractor, I.D. No. 3 ), shop facilities; (e) main gate guard­ thereto were published in the F ederal ICP Permit No. 4283-008 (Kersey 744 house; (f) temporary construction R egister on May 17,1974, at 39 FR 17546 Mine Tractor). toilet; (g) temporary fire pump house; (45 CFR Part 133). In accordance with the provisions of and (h) concrete batch plant. Regulations and criteria applicable to § 504.7(b) of Title 30, Code of Federal This authorization is subject to the the Library Training Program were pub­ Regulations, notice is hereby given that following conditions for the protection of lished on May 17, 1974, at 39 FR 17540 requests for public hearing as to an ap­ the environment: \ . (45 CFR Part 132). plication for a renewal permit may be 1. During the construction, CECo shall These programs are also subject to filed on or before February 4, 1975. the Office of Education General Provi­ take the necessary mitigating actions, in­ Requests for public hearing must be filed cluding those commitments summarized sions Regulations (particularly 45 CFR in accordance with 30 CFR Part 505 (35 Parts 100 and 100a) . in section 4.5 of the AEC staff’s Final En­ FR 11296, July 15, 1970), as amended, vironmental Statement, to avoid un­ (20 U.S.C. 1021-1028,1031, 1033, 1034) copies of which may be obtained from necessary adverse environmental impacts (Catalog of Federal Domestic Assistance the Panel upon request. from construction activities. Number 13.406, College Library Resources; A copy of each application is available 13.475 Library Research and Demonstration; for inspection and requests for public 2. CECo shall follow the pre-opera- 13.468 Library Training) hearing may be filed in the office of the tional monitoring program, including modifications recommended by the staff, Dated: January 13,1975. Correspondence Control Officer, Interim Compliance Panel, Room 800, 1730 K described in section 6.1 of the Final En­ T. H. Bell, Street, NW., Washington, D.C. 20006. vironmental Statement. U.S. Commissioner of Education. 3. Before engaging in a construction G eorge A. H ornbeck, [FR Doc.75-1892 Filed 1-17-75;8:45 am] activity which may result in a significant Chairman, adverse environmental impact that was Interim Compliance Panel. FEDERAL RESERVE SYSTEM not evaluated or that is significantly January 14, 1975. greater than that evaluated in the Final UNITED BANKS OF COLORADO [FR Doc.75-1704 Filed l-17-75;8:45 am] Environmental Statement, CECo shall Acquisition of Bank provide written notification to the Direc­ tor of Licensing. United Banks of Colorado, Denver, ATOMIC ENERGY COMMISSION Colorado, has applied for the Board’s 4. A control program shall be estab­ approval under section 3 (a)(3 ) of the [Dockets Nos. STN 50-^456, STN 50-457] lished by CECo to provide for a periodic Bank Holding Company Act (12 U.S.C. COMMONWEALTH EDISON CO.; review of all construction activities to 1842(a)(3)) to acquire 80 per cent or BRAIDWOOD STATION, UNITS 1 AND 2 assure that those activities conform to more of the voting shares of United the environmental conditions set forth Bank of Steamboat Springs, Steamboat Limited Work Authorization Springs, Colorado. The factors that are Pursuant to the provisions of 10 CFR herein. considered in acting on the application 50.10(e) of the Atomic Energy Commis­ 5. If unexpected harmful effects or evi­ are set forth in section 3(c) of the Act sion’s (Commission) regulations, the dence of irreversible damage are detected (12 U.S.C. 1842(c)). Commission has authorized the Com- during facility construction, CECo shall

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3238 NOTICES provide to the staff an acceptable anal­ Atlantic City. The FNPs will be manu­ based upon the Preliminary Safety Anal­ ysis of the problem and a plan of action factured at a facility to be located at ysis Report for AGS and the OPS Plant to eliminate or significantly reduce the Jacksonville, Florida. Design Report for the FNP and related harmful effects or damage. The following constitutes that portion documents on file and available for pub­ 6. CECo shall comply with the appli­ of the Subcommittee’s agenda for the lic inspection at the Atomic Energy Com­ cable portions of the standards published above meeting which will be open to the mission’s Public Document Room, 1717 by the United States Environmental public: H Street, NW., Washington, D.C. 20545 Protection Agency on October 8, 1974 Tuesday, February 4, 1975, 9:00 a.m.-4:30 and the following Local Public Docu­ (39 PR 36176 et seq.). p.m. The Subcommittee will hear presenta­ ment Rooms: Stockton State College 7. CECo shall comply with the appli­ tions by Regulatory Staff and personnel of Library, Pomona, New Jersey (AGS and cable portions of the Illinois Environ­ Public Service Electric and Gas Co. of New FN P), and the Jacksonville Public Li­ Jersey (PSE&G) and Offshore Power Systems mental Protection Act and the Water brary, 122 North Ocean Street, Jackson­ (OPS) and their representatives and hold ville, Florida 32204 (FNP only), and the Pollution Regulations of the Illinois discussions with these groups pertinent to Business and Science Division, New Pollution Control Board. issuance of a Construction Permit to PSE&G Orleans Public Library, 219 Loyola This authorization is subject to the for AGS and a Manufacturing Permit to OPS Avenue, New Orleans, Louisiana 70140 additional condition that it will termi­ to fabricate FNPs. The discussions will focus (FNP only). nate upon a denial by the Director of principally upon Degraded Accident Studies Regulation of a Construction Permit for but will not necessarily be limited to that (b) Those persons submitting a topic. the Braidwood Station, Units 1 and 2. written statement in accordance with paragraph (a) above may request an Any activities undertaken pursuant to Tn connection with the above agenda item, the Subcommittee will hold an opportunity to make oral statements this authorization are entirely at the risk concerning the written statement. Such of the Commonwealth Edison Company executive session beginning at 8:30 a.m. which will involve a discussion of its requests shall accompany the written and the grant of the authorization has statement and shall set forth reasons no bearing on the issuance of a construc­ preliminary views, and an executive ses­ sion at the end of the day, consisting of justifying the need for such oral state­ tion permit with respect to the require­ ment and its usefulness to the Subcom­ ments of the Atomic Energy Act of 1954, an exchange of opinions of the Subcom­ mittee members present and internal de­ mittee. To the extent that the time as amended, and rules, regulations, or available for the meeting permits, the orders promulgated pursuant thereto. liberations for the purpose of formulation of recommendations to the ACRS. In Subcommittee will receive oral state­ A Partial Initial Decision on matters ments during a period of no more than relating to the National Environmental addition, the Subcommittee may hold closed sessions with the Regulatory Staff 30 minutes at an appropriate time, Policy Act and site suitability was issued and Applicants to discuss privileged in­ chosen by the Chairmap of the Sub­ by the Atomic Safety and Licensing formation relating to plant security, if committee, during the afternoon por­ Board in the above captioned proceeding necessary. tion of the meeting. on January 8, 1975. A copy of (1) the I have determined, in accordance with (c) Requests for the opportunity to Partial Initial Decision; (2) the appli­ subsection 10(d) of Pub. L. 92-463, that make oral statements shall be ruled on cant’s Preliminary Safety Analysis Re­ the executive sessions at the beginning by the Chairman of the Subcommittee port, and amendments thereto; (3) the and end of the meeting will consist of who is empowered to apportion the time applicant’s Environmental Report, and an exchange of opinions and formulation available among those selected by him to amendments thereto; (4) the staff’s Final of recommendations, the discussion of make oral statements. Environmental Statement dated July which, if written, would fall within ex­ (d) Information as to whether the 1974; and (5) the Commission’s letter emption (5) of 5 U.S.C. 552(b) and that meeting has been cancelled or resched­ of authorization dated January 14, 1975 closed sessions may be held, if necessary, uled and in regard to the Chairman’s are available for public inspection at the to discuss certain information relating ruling on requests for the opportunity Commission’s Public Document Room at to site security which is privileged and to present oral statements, and the time 1717 H Street, NW., Washington, D.C. falls within exemption (4) of 5 U.S.C. allotted, can be obtained by a prepaid and the Wilmington Township Public 552(b). Further, any non-exempt ma­ telephone call on February 3, 1975 to Library, 201 South Kankakee Street, W il­ terial that will be discussed during the the Advisory Committee on Reactor Safe­ mington, Illinois. above closed sessions will be inextricably guards (telephone 202-634-1414). be­ Dated at Rockville, Maryland, this intertwined with exempt material, and tween 8:30 a.m. and 5:15 p.m., Eastern 14th day of January, 1975. no further separation of this material is Time. considered practical. It is essential to (e) Questions may be propounded only For the Atomic Energy Commission. close such portions of the meeting to by members of the Subcommittee and its B. J. Y oungblood, protect such privileged information and consultants. „ Chief, Environmental Projects protect the free interchange of internal ( f ) Seating for the public will be avail­ Branch 3, Directorate of Li­ views and to avoid undue interference able on a first-come, first-served basis. censing. with agency or Committee operation. (g) The use of still, motion picture, and Practical considerations may dictate [FR Doc.75-1822 Filed l-17-75;8:45 am] television cameras, the physical instal­ alterations in the above agenda. lation and presence of which will not in­ The Chairman of the Subcommittee is terfere with the conduct of the meeting, ADVISORY COMMITTEE ON REACTOR empowered to conduct the meeting in will be permitted both-before and after SAFEGUARDS a manner that in his judgment will fa­ the meeting and during any recess. The Notice of Subcommittee Meetings cilitate the orderly conduct of business, use of such equipment will not, however, including provisions to carry over an be allowed while the meeting is in session. In accordance with the purposes of incompleted open session from one day sections 29 and i82b. of the Atomic (h) Persons desiring to attend portions to the next. of the meeting where proprietary infor­ Energy Act (42 U.S.C. 2039, 2232b.), the With respect to public participation in Advisory Committee on Reactor Safe­ mation is to be discussed may do so by the open portion of the meeting, the guards’ Subcommittee on the AGS and providing to the Executive Secretary, Ad­ following requirements shall apply: FNP projects will hold a meeting on visory Committee on Reactor Safeguards, February 4, 1975, in Room 1046, 1717 H (a) Persons wishing to submit written 1717 H Street NW., Washington, D.C. Street NW., Washington, D.C. The pur­ statements regarding the agenda item 20545, 7 days prior to the meeting, a copy pose of this meeting will be to continue may do so by mailing 25 copies thereof, of an executed agreement with the owner the Committee’s formal Construction postmarked no later than January 28, of the proprietary information to safe­ 1975 to the Executive Secretary, Advisory Permit review of AGS and Manufactur­ guard this material. ing Permit review for FNPs. The AGS Committee on Reactor Safeguards, U.S. Atomic Energy Commisison, Washing- (i) A copy of the transcript of the open facility will be located offshore from the portion of the pieeting will be available coast of the State of New Jersey near ’ ton, D.C. 20545. Such comments shall be

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3239

for inspection during the following work­ not constitute approval of the specific marked to become effective on not less day at the Atomic Energy Commission’s commodity descriptions contained than 30 days’ notice from the date of Public Document Room, 1717 H Street therein for purposes of tariff publica­ filing. N W , and within nine days at the follow­ tion; provided further that tariff filings Persons entitled to petition the Board ing Local Public Document Rooms: shall be marked to become effective on for review of this order pursuant to the Stockton State College Library, Pomona, not less than 30 days’ notice from the Board’s Regulations, 14 CFR 385.50, may New Jersey (AGS and F N P ), the Jack­ date of filing. file such petitions within ten days after sonville Public Library, 122 North Ocean Persons entitled to petition the Board the date of service of this order. Street, Jacksonville, Florida 32204 (FNP for review of this order pursuant to the This order shall be effective and be­ only), and the Business and Science Board’s Regulations, 14 CFR 385.50, may come the action of the Civil Aeronautics Division, New Orleans Public Library, 219 file such petitions within ten days after Board upon expiration of the above pe­ Loyola Avenue, New Orleans, Louisiana the date of service of this order. riod, unless within such period a petition 70140 (FNP only). Copies of the tran­ This order shall be effective and be­ for review thereof is filed or the Board script may be produced in the Public come the action of the Civil Aeronautics gives notice that it will review this order Document Room or may be obtained from Board upon expiration of the above pe­ on its own motion. Ace Federal Reporters, Inc.-, 415 Second riod, unless within such period a petition This order will be published in the Street NE., Washington, D.C. 20002 (tele­ for review thereof is filed or the Board F ederal R egister. phone 202-547-6222) upon payment of gives notice that it will review this order appropriate charges. on its own motion. [ seal] Ed w in Z. H olland, (j) On request, copies of the Minutes This order will be published in the Secretary. of the meeting will be made available for F ederal R egister. [FR Doc.75-1771 Filed l-17-75;8:45 am] inspection at the Atomic Energy Com­ mission Public Document Room, 1717 H , [ seal] Ed w in Z. H olland, Street NW., Washington, D.C. 20545 after Secretary. [Docket No. 27037] May 4,1975. Copies may be obtained upon [FR Doc.75-1770 Filed l-17-75;8:45 am] OZARK AIR LINES, INC. payment of appropriate charges. Prehearing Conference Regarding Deletion R obert A. K ohler, [Docket 25280; Order 75-1-56] of Clinton, Iowa Acting. Advisory Committee Management Officer. INTERNATIONAL AIR TRANSPORT Notice is hereby given that a prehear­ ASSOCIATION ing conference in the above-entitled mat­ [FR Doc.75-1918 Filed l-17-75;9:29 am] Order Regarding Specific Commodity ter is assigned to be held on February 25, Rates 1975, at 10 a.m. (local time), in Room CIVIL AERONAUTICS BOARD 503, Universal Building, 1825 Connecticut Issued under delegated authority, Jan­ [Docket No. 25280; Order 75-1-57] Avenue, NW., Washington, D.C., before uary 14, 1975. Administrative Law Judge Richard M. INTERNATIONAL AIR TRANSPORT An agreement has been filed with the Hartsock. ASSOCIATION Board pursuant to section 412(a) of the Federal Aviation Act of 1958 (the Act) In order to facilitate the conduct of Order Regarding Specific Commodity the conference, parties are instructed to Rates and Part 261 of the Board’s Economic Regulations between various air carriers, submit one copy to each party and four Issued under delegated authority, Jan­ foreign air carriers, and other carriers, copies to the Judge of (1) proposed state­ uary 14,1975. embodied in the resolutions of Traffic ments of issues; (2) proposed stipula­ An agreement has been filed with the Conference 1 of the International Air tions; (3) requests for information; (4) Board pursuant to section 412(a) of the Transport Association (IA T A ). The statement of positions of parties; and Federal Aviation Act of 1958 (the Act) agreement was adopted at the 38th (5) proposed procedural dates. The Bu­ and Part 261 of the Board’s Economic meeting of the TC I Specific Commodity reau of Operating Rights will circulate Regulations between various air carriers, Rates Board held at San Diego, Califor­ its material on or before February 6, foreign air carriers, and other carriers, nia on October 11,1974 and has been as­ 1975, and the other parties on or before embodied in the resolutions of Traffic signed C.A.B. agreement number 24825. February 17, 1975, The submissions of Conference 3 of the International Air With respect to air transportation as the other parties shall be limited to Transport Association (IA T A ). The defined by the Act, the agreement pro­ points on which they differ with the Bu­ agreement was adopted at the 12th Meet­ poses revisions to the specific commodity reau of Operating Rights, and shall fol­ ing of the TC3 Specific Commodity Rates rate structure applicable within the low the numbering and lettering used by Board held in San Diego on October 10, Western Hemisphere. We will approve the Bureau to facilitate cross-referenc­ 1974. these revisions, outlinèd in the attach­ ing. With respect to air transportation as ment hereto,1 which reflect reductions Dated at Washington, D.C., Janu­ defined by the Act, the agreement pro­ from otherwise applicable general cargo ary 15, 1975. poses revisions to the specific commodity rates. rate structure between Guam and other Pursuant to the authority duly dele­ [ seal] R obert L. P ark, Pacific points. We are approving these gated by the Board in the Board’s Reg­ Chief Administrative Law Judge. revisions, outlined in the attachment ulations, 14 CFR 385.14, it is not found [FR Doc.75-1772 Filed l-17-75;8:45 am] hereto*1 which reflect reductions from that Agreement C.A.B. 24825 is adverse otherwise applicable general cargo rates. to the public interest or in violation of CIVIL SERVICE COMMISSION Pursuant to authority duly delegated the Act, provided that approval is sub­ by the Board in the Board's Regulations, ject to the conditions hereinafter DEPARTMENT OF DEFENSE 14 CFR 385.14, it is not found that Agree­ ordered. Grant of Authority To Make Noncareer ment C.A.B. 24842 is adverse to the pub­ Accordingly, it is ordered, That: Executive Assignment lic interest or in violation of the Act, Agreement C.A.B. 24825 be and hereby provided that approval is subject to the Under authority of § 9.20 of Civil Serv­ is approved, provided that approval shall ice Rule IX (5 CFR 9.20), the Civil conditions hereinafter ordered. not constitute approval of the specific ■ Accordingly, it is ordered, That: Service Commission authorizes the De­ commodity descriptions contained there­ partment of Defense to fill by noncareer Agreement C.A.B. 24842 be and hereby in for purposes of tariff publication; pro­ executive assignment in the excepted is approved, provided that approval shall vided further that tariff filings shall be service the position of Principal Deputy Assistant Secretary (Manpower and Re­ 1 Attachment filed as part of the original 1 Attachment filed as part o f the original serve Affairs), Immediate Office, Office document. document. of the Assistant Secretary of Defense

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3240 NOTICES

(Manpower and Reserve Affairs), Office such documents should be filed with the Applications R eceived of the Secretary of Defense, Hearing Clerk, Environmental Protec­ EPA File Symbol 7405-LU. Chemical Packag­ tion Agency, Room 1019, East Tower, ing Corp., PO Box 9947, Ft. Lauderdale FL U n it e d S tates C i v i l S erv­ 401 M Street, SW, Washington, DC 83310. CHEMI-CAP AIRCRAFT INSECTI­ ic e C o m m is s io n , 20460. CIDE BOMB. Active Ingredients: Pyre- [ s e a l ] J am es C. S p r y , thrins 0.60%; Piperonyl Butoxide, techni­ Executive Assistant Dated: January 14, 1975. cal 140%; Petroleum distillate 13.00%. to the Commissioners. Method of Support: Application proceeds J a m es L. A gee, under 2 (c) of interim policy. [F R Doc.75-1774 Filed l-17-75;8:45 am] Assistant Administrator for EPA File Symbol 34775-G. Culligan In d u s­ Water and Hazardous Materials. », trial Water Conditioning Co., Inc., 2199 DEPARTMENT OF DEFENSE [F R Doc.75-1684 Filed l-17-75;8:45 am] Frisco, Box 14867, Memphis TN 38114. POOLCIDE CONCENTRATE. Active In­ Revocation of AuthorityTo Make Noncareer gredients: Poly[oxyethylene-(dimethylimi- Executive Assignment {FRL 322-1; OPP-32000/171] nio) ethylene (dlmethyliminio) ethylene di­ chloride 60.0%. Method of Support: Ap­ Under authority of § 9.20 of Civil RECEIPT OF APPLICATIONS FOR plication proceeds under 2(b) of interim Service Rule IX (5 CPR 9.20), the Civil PESTICIDE REGISTRATION policy. Service Commission revokes the author­ Data To Be Considered in Support of EPA File Symbol 11694-LU. Dymon, Inc., PO ity of the Department of Defense to fill Applications Box 6175, 3401 Kansas Ave., Kansas City by noncareer executive assignment in KS 66106. DIS SPRAY DEODORIZER DIS­ the excepted service the position of On November 19, 1973, the Environ­ INFECTANT AIR FRESHENER. Active In­ Deputy to the Assistant to the Secre­ mental Protection Agency (EPA) pub­ gredients: n-Alkyl (60% C14, 30% C16, tary and Deputy Secretary of Defense, lished in the F ederal R egister (38 FR 5% C12, 5% C18) dimethyl benzyl am­ Office of the Assistant to the Secretary 31862) its interim policy with respect monium chlorides 0.1%; n-Alkyl (68% to the administration of section 3(c) (1) C12, 32% C14) dimethyl ethylbenzyl am­ and Deputy Secretary of Defense, Im ­ monium chloride 0.1%; Isopropanol mediate Office, Office of the Secretary of (D) of the Federal Insecticide, Fungi­ cide, and Rodenticide Act (F IF R A ), as 83.0%; Essential Oils 0.5%. Method of Sup­ Defense. port: Application proceeds under 2(c) of amended. This policy provides that EPA interim policy. U n it e d S tates C iv il S erv­ will, upon receipt of every application ic e C o m m is s io n , EPA File Symbol 11694-LG. Dymon, Inc., PO for registration, publish in the F ederal Box 6175, 3401 Kansas Ave., Kansas City [ s e a l] Ja m es C. S p r y , R egister a notice containing the infor­ KS 66106. LEMON DISINFECTANT DE­ Executive Assistant mation shown below. The labeling fur­ ODORANT. Active Ingredients: n-Alkyl to the Commissioners. nished by the applicant will be available (60% C14, 30% C16, 5% C12, 5% C18) {FR Doc.75-1775 Filed l-17-75;8:45 am] for examination at the Environmental dimethyl benzyl ammonium chlorides Protection Agency, Room EB-31, East 0.1%; n-Alkyl (68% C13, 32% C14) di­ methyl ethylbenzyl ammonium chloride ENVIRONMENTAL PROTECTION Tower, 401 M Street, SW, Washington, D.C. 20460. 0.1%; Isopropanol 53.0%; Essential Oils AGENCY 0.5%. Method of Support: Application pro­ On or before March 21, 1975, any per­ ceeds under 2(c) of interim policy. [OPP-66011; FR L 322-7] son who (a) is or has been an applicant, EPÁ Reg. No. 1471-98. Elanco Products Co., KEMIN INDUSTRIES, INC. (b) believes that data he developed and PO Box 1750, A Div. of Eli Lilly and Co., submitted to EPA on or after October 21, Indianapolis IN 46206. ELANCO SURFLAN Intent To Cancel Registration 1972, is being used to support an appli­ 75W. Active Ingredients: oryzalin (3,5-di- Pursuant to section 6 of the Federal cation described in this notice, (c) de­ nitro-N4,N4-dipropylsulfanilamide) 75%. Insecticide, Fungicide, and Rodenticide sires to assert a claim for compensation Method of Support: Application proceeds Act (F IF R A ), as amended (86 Stat. 984), under section 3(c) (1) (D) for such use of under 2(c) of interim policy. the Environmental Protection Agency his data, and (d) wishes to preserve his EPA File Symbol 18035—RE. Private Label (EPA) has notified Kemin Industries, right to have the Administrator deter­ Chem., Inc;, 2280 Terminal Rd., St. Paul mine the amount of reasonable compen­ MN 55113. BIO-QUAT 2. Active Ingredi­ Inc., 2104 Maury St., Des Moines, IA ents: N-Alkyl (60% C14, 30% C l6, 5% 0 1 2 , 50301, of its intent to cancel the registra­ sation to which he is entitled for such 5% C18) dimethyl benzyl ammonium chlo­ tion of the pesticide product Grain Treet use of the data, must notify the Admin­ ride 2.25%; n-Alkyl (68% C12, 32% C14) Liquid (EPA Reg. No. 8596-17). istrator and the applicant named in the dimethyl ethylbenzyl ammonium chlorides The registration data is insufficient to notice in the F ederal R eg ister of his 2.25%; Sodium Carbonate 3.0%. Method support a finding that the composition claim by certified mail. Notification to of Support: Application proceeds under of Grain Treet is such to warrant the the Administrator should be addressed 2 (b ) of interim policy. claims for the product. H ie registrant to the Information Coordination Section, EPA File Symbol 18035-RR. Private Label has not fulfilled the requirements for Technical Services Division (WH-569), Chem. Inc. MARK 25. Active Ingredients: Office of Pesticide Programs, 401 M n-Alkyl (60% C14, 30% C16, 5% C12, 5% continued registration and therefore has CI8) dimethyl benzyl ammonium chlo­ not fully complied with the provisions of Street, SW., Washington, D.C. 20460. rides 1.25%; n-Alkyl (68% C12, 32% 014) the FIFRA. Every such claimant must include, at a dimethyl ethylbenzyl ammonium chlorides Cancellation of this registration shall minimum, the information listed in the 1.25%. Method of Support: Application be effective at the end of 30 days from intérim policy of November 19, 1973. proceeds under 2 (b) of interim policy. the. receipt of notice by the registrant Applications submitted under 2(a) or EPA File Symbol 18035-RN. Private Label or publication of this notice in the F ed­ 2(b) of the interim policy will be proc­ Chem., Inc. MARK H-10. Active Ingre­ eral R eg ist e r , whichever occurs later, essed to completion in accordance with dients: n-Alkyl‘ (60% C14, 30% C16, 5% unless the registrant makes the neces­ existing procedures. Applications sub­ C12, 5% C18) dimethyl benzyl ammonium sary corrections, if possible. Within this mitted under 2(c) of the interim policy chlorides 5%; n-Alkyl (68% C l2 , 32% C14) period of time, any person adversely cannot be made final Until the 60 day dimethyl ethylbenzyl ammonium chlorides affected by this notice may request a period has expired. If no claims are re­ 5%. Method of Support: Application pro­ hearing as provided in section 6(b) of ceived within the 60 day period, the 2(c) ceeds under 2 (b ) of interim policy. the FIFRA, and should file in accordance application will be processed according to normal procedure. However, if claims are EPA File Symbol 18035-0. Private Label with the provisions of §§ 164.5 and 164.20 Chem., Inc. MARK F-25. Active Ingredi­ of Part 164, Title 40 CFR, of the regula­ received within the 60 day period, the ents: n-Alkyl (60% C14, 30% C16, 5% 0 1 2 , tions for the enforcement of the FIFRA, applicants against whom the claims are asserted will be advised of the alterna­ 5% C18) dimethyl benzyl ammonium chlo­ an original and two copies of the docu­ tives available under the Act. No claims rides 1.25%; n-Alkyl (68% C12. 32% C14) ment stating his objections to the A d ­ will be accepted for possible EPA adjudi­ dimethyl ethylbenzyl ammonium chlorides ministrator’s intent to cancel these reg­ cation which are received after March 21, 1.25%. Method of Support: Application istrations. The request for hearings and 1975. proceeds under 2 (b ) of interim policy.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3241

EPA Pile Symbol 18035-1. Private Label mail. Notification to the Administrator EPA File Symbol 34132-A. Cealin Chem., 6501 Chem., Inc., BIO -Q U AT N 2. Active Ingre­ should be addressed to the Information Arlington Expwy, Jacksonville FL 32211. dients: n-Alkyl (60% C14, 30% 016, 5% Coordination Section, Technical Services TRICHLORIN II. Active Ingredients: Tri- C12, 5% C18) dimethyl benzyl ammonium chlorisocyanuric Acid (TCC) 100%. Meth­ chlorides 2.25%; n-Alkyl (68% C12, 32% Division (WH-569), Office of Pesticide od of Support: Application proceeds u n­ 014) dimethyl ethylbenzyl ammonium Programs, 401 M Street SW, Washing­ der 2 (c) of interim policy. chlorides 2.25%; Tetrasodium ethylenedi- ton DC 20460. Every such claimant must EPA File Symbol 34132-T. Cealin Chem., amine tetraacetate 1.00%; Sodium Carbo­ include, at a minimum, the information 6501 Arlington Expwy, Jacksonville FL nate 3.00%. Method of Support: Applica­ listed in the interim policy of Novem­ 32211. TRICHLORIN D. Active Ingredients: tion proceeds under 2 (b ) of interim policy. ber 19,1973. Calcium Hypochlorite 75%. Method of EPA Pile Symbol 476-ERAI. Stauffer Chem. Support: Application proceeds under 2(c) Co., 1200 S 47th St., Richmond CA 94804. Applications submitted under 2(a) or of interim policy. CLENESCO ARC ACID—ANIONIC SANI­ 2(b) of the interim policy will be proc­ EPA Reg. No. 3125-211. Chemagro, PO Box TIZER. Active Ingredients: Phosphoric acid 57.0%; Dodecylbenzenesulfonic acid. essed to completion in accordance with 4913, Kansas City M O 64120. DASANIT 15% GRANULAR ORNAMENTAL AND TURF 15.5%; Isopropyl alcohol 8.5%. Method of existing procedures. Applications sub­ NEMATICIDE. Active Ingredients: O.O- Support: Application proceeds under 2(c) mitted under 2(c) of the interim policy of interim policy. Diethyl O - [ p - (methyl-sulf iny 1) phenyl] EPA File Symbol 476-ERAO. Stauffer Chem. cannot be made final until the 60 day phosphorothioate 15%. Method of Sup­ Co., 1200 S 47th St., Richmond CA 94804. period has expired. I f no claims are re­ port: Application proceeds under 2(c) of interim policy. CLENESCO X-SEPT SANITIZING LUBRI­ ceived within the 60 day period, the 2(c) CANT FOR CONVEYOR CHAINS. Active EPA Reg. No. 4704-4. J. C. Ehrlich Chem. Ingredients: bis(trichloromethyl) sulfone application will be processed according to Co., Inc., 800 Hiesters Lane, Reading PA 0.0100%; N-alkyl (40% C12, 50% C14, 10% normal procedure. However, if claims are 19605. MAGIC .CIRCLE INSECT KILLER. Active Ingredients: 0,0-diethyl 0-(2-iso- CIO) dimethyl benzyl ammonium chlo­ received within the 60 day period, the ap­ rides 0.0076%. Method of Support: Appli­ propyl-4-methyl-6-pyrimidinyl) phosphor­ cation proceeds under 2(c) of interim plicants against whom the claims are othioate 0.500%; pyrethrins 0.052%; tech­ policy. asserted will be advised of the alterna­ nical piperonyl butoxide (equivalent to 0.209% (butylcarbityl) (6-propylpiper- EPA File Symbol 34810-U. Wexford Labs, Inc., tives available under the Act. No claims PO Box 9334, St. Louis MO 63117. DAIRY- .onyl) ether and 0.52% other related com­ WEX. Active Ingredients: n-Alkyl (60% will be accepted for possible EPA adjudi­ pounds) 0.261%; petroleum distillate 99.- C14, 30%. C16, 5% C12, 5% C18) dimethyl cation which are received after March 21, 187%. Method of Support: Application proceeds under-2(c) of interim policy. benzyl ammonium chlorides 5.0%; n-Alkyl 1975. (68% C12, 32% C14) dimethyl ehtylbenzyl EPA Reg. No. 4704-2. J. C. Ehrlich Chem. Co., ammonium chlorides 5,0%; Phosphoric A pplications R eceived Co., Inc., 800 Hiesters Lane, Reading PA 19605. MAGIC CIRCLE RABBIT REPEL­ Acid 30.0%. Method of Support: Applica­ EPA File Symbol 2749-GIT. Aceto Chem. Co., LENT. Active Ingredients: Thiram (Tetra- tion proceeds under 2(b) of interim policy^ Inc., Agricultural Chem. Div., 126-02 N. methylthiuram disulfide) 20%. Method of Blvd., Flushing NY 11368. MITYMITE. 2 Dated: January 10, 1975. Support: Application proceeds under 2(c) (p-tert-butylphenoxy) cyclohexyl-2-pro- of interim policy. J o h n B. R it c h , Jr., pynyl sulfite 75%. Method of Support: Director, Registration Division. Application proceeds under 2(c) of interim EPA File Symbol 11497-RR. Enviro Chem, policy. 9840, Monroe St., Dallas T X 75220. NAL [FR Doc.75-1549 Filed l-17-75;8:45 am] EPA File Symbol 2749-GOR. Aceto Chem. Co., CIDE 1. Active Ingredients: Naled 26%; Inc., Agricultural Chem. Div., 126-02 N. Aromatic Petroleum Derivative Solvent 61%. Method of Support: Application pro­ [Opp-32000/172; FRL 322-8] Blvd., Flushing NY 11368. FENTHION CONCENTRATE INSECTICIDE. Active In­ ceeds under 2(c) of interim poliGy. RECEIPT OF APPLICATIONS FOR gredients: O.O-Dipiethyl 0-[4-(methyl- EPA File Symbol 9937-E. Head-to-Toe Prod­ PESTICIDE REGISTRATION thio) -m-toyl ] phosphorothioate 93 %. ucts, 1697 Elizabeth Ave., Rahway NJ Method of Support: Application proceeds 07065. SANI-SEAT TOWELETTE CLEANS Data To Be Considered in Support of under 2(c) of interim policy. AND PROTECTS. Active Ingredients: n- Applications EPA Reg. No. 1526-485. Arizona Agrochemical Alkyl (60% C14, 30% C16, 5% C12, 5% On November 19, 1973, the Environ­ Co., P.O. Box 21537, Phoenix AZ 85036. C18) dimethyl benzyl ammonium chlorides mental Protection Agency (EPA) pub­ CRYOLITE 50 DUST. Active Ingredients: 0.0243%; n-alkyl (68% C12, 32% C14) di­ Sodium Fluoluminate 50.0%. Method of methyl ethylbenzyl ammonium chlorides lished in the F ederal R eg ister (38 FR Support: Application proceeds under 2(c) 0.0243%; Tetrasodium ethylenediamine tet­ 31862) its interim policy with respect to of interim policy. raacetate 0.0141%. Method of Support: the administration of section 3(c) (1) (D) EPA Reg. No. 1526—450. Arizona Agrochemical Application proceeds under 2 (b ) of interim of the Federal Insecticide, Fungicide, and Co., P.O. Box 21537, Phoenix AZ 85036. policy. Rodenticide Act (FIFR A ), as amended. METHYL PARATHION 2 DUST. Active EPA File Symbol 5075-EA. Jewel Co., Inc., This policy provides that EPA will, upon Ingredients: O.O-Dimethyl O-P-Nitro- 5015 NE Riva Rd., Chicago IL 60631. JEWEL receipt of every application for registra­ phenyl Thiophosphate 2.00%. Method of INSECT REPELLENT. Active Ingredients: tion, publish in the F ed er al, R eg ister a Support: Application proceeds under 2(c) N, N, - Diethyl - Meta - Toluamide 3.78%; notice containing the information shown of interim policy. Other Isomers 0.42%; N-Octyl bicyclohep- EPA Reg. No. 8612-67. B & G Co., PO Box tene dicarboximide 2,3:4,5-Bis (A2 butyl­ below. The labeling furnished by the ap­ ene) tetrahydro-2-furaldehyde 0.30%; plicant will be available for examination 20372, Dallas TX 75220. B & G DIAZINON- AG500. Active Ingredients: O-O-Diethyl O- Di-n-propyl isocinchomeronate 0.30%. at the Environmental Protection Agency, (2 - isopropyl-6-methyl - 4 - pyrimidinyl) Method of Support. Application proceeds Room EB-31, East Tower, 401 M Street, phosphorothioate 48%; Xylene 38.96%. under 2(c) of interim policy. SW, Washington DC 20460. Method of Support: Application proceeds EPA File Symbol 5075-ET. Jewel Co., Inc. under 2(c) of interim policy. JEWEL PATIO SPRAY OUTDOOR INSECT On or before March 21, 1975, any per­ FOGGER. Active Ingredients: Pyrethrin son who (a) is or has been an applicant, EPA File Symbol 662-AN. BASF Wyandotte O. 20%; Piperonyl butoxide, technical (b) believes that data he developed and Corp., 1609 Biddle Ave., Wyandotte M I 1.00%; Methoxychlor, technical 1.00%; 2- submitted to EPA on or after October 21, 48192. WYANDOTTE STERI-CHLOR HIGH­ Hydroxy ethyl-n-octyl sulfide 0.95%; Re­ 1972, is being used to support an applica­ LY SOLUBLE CHLORINE SANITIZER. Ac­ lated compounds 0.05%; Petroleum dis­ tive Ingredients: Potassium dichloro-s- tillate 0.92%. Method of Support: Applica­ tion described in this notice, (c) desires triazinetrione 6.9%. Method of Support: to assert a claim for compensation under tion proceeds under 2(c) of interim policy. Application proceeds under 2(c) of in­ EPA File Symbol 5075-EI. Jewel Co., Inc. section'3(c) (1) (D) for such use of his terim policy. JEWEL ANT & ROACH SPRAY. Active data, and (d) wishes to preserve his right EPA File Symbol 35133-E. C & C Chem. Sales Ingredients: Pyrethrins 0.050%; Piperonyl to have the Administrator determine the Co., Baytown T X 77520. C .& C’S PROFES­ butoxide, technical 0.100%; N-octyl b i- amount of reasonable compensation to SIONAL MOSQUITO SPRAY. Active Ingre­ cycloheptene dicarboximide 0.166%; O.O- dients: Chlorinated Camphene 6%; Mal- diethyl O- (2-isopropyl-6-methyl-4-pyrimi- which he is entitled for such use of the athion 4%; BHC (Berizenhexachloride dinyl) phosphorqthioate 0.500%; Aromatic data, must notify the Administrator and Gamma Isomers 3%; BHC, Other Isomers petroleum distillate 0.406%.; Petroleum the applicant named in the notice in the 4%; Solvent Emulsifier 83%. Method of distillate 73.603. Method of Support: Ap­ Support: Application proceeids under 2(c) plication proceeds under 2(c) of interim F ederal R eg ister of his claim by certified of interim policy. policy.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3242 NOTICES

EPA Reg. No. 635-522. E -Z Flo Chem. Co., ENERGY RESEARCH AND A yellow gold sunburst with 28 pointed Div. of Kirsto Co., PO Box 808, Lansing MI metaUic silver rays encircled by fifty 5- .48903. E-Z FLO C-O MOUSE BAIT. Active DEVELOPMENT ADMINISTRATION pointed metallic silver stars aU on a dark Ingredients: Zinc Phosphide 2:0%. Method ADMINISTRATOR, ERDA blue disc within a dark blue band rimmed of Support: Application proceeds under in yellow on each side and inscribed Energy 2(c) of interim policy. General Delegation of Authority for Research and Development Administration EPA File Bymbol 36123-R. Pharmadyne Interim Period in white and at the base the letters USA, also Chem. Corp., 15 Sewaren Ave„ Sewaren NJ in white. The sunburst is the symbol of Pursuant to section 104 of the Energy energy. The 50 stars represent the 50 states. 07077. WONDER FLUFF KILLS FLEAS, Reorganization Act of 1974 (Pub. L. 93- LICE AND TICKS. Active Ingredients: Py- 438) certain functions, components, and The Official Seal is illustrated as . rethrins 0.050%; Piperonyl Butoxide, Tech­ follows: nical 0.100%; N-Octyl Bicycloheptene D i- officers of the Atomic Energy Commis­ carboximide 0.166%: Petroleum Distillate sion, the Secretary of the Interior, the 0.240%. Method of Support: Application Department of Interior, the National proceeds under 2(c) of interim policy. Science Foundation, and the Environ­ EPA File Symbol 523-IA. Roberts Labora­ mental Protection Agency are trans­ tories, Inc., 4995 N Main, Rockford IL ferred to, or vested in, the Administrator 61101. ROBERTS YARD AND PATIO FOG- of th e . Energy Research and Develop­ GER WITH REPELLENT. Active Ingre­ ment Administration (ERDA). dients: (5-Benzyl-3-furyl) methyl 2,2-di­ methyl-3- (2-methylpropenyl) cyclopro- Valid delegations of authority hereto­ panecarboxylate 0.250%; Related com­ fore delegated to such officers in accord­ pounds 0.034%; 2-Hydroxyethyl n-octyl ance with pertinent laws, rules, and reg­ sulfide 0.950%; Related compounds ulations of the aforementioned Federal 0.050%; Aromatic Petroleum Solvent entities from which the function, com­ 0.332%. Method of Support: Application ponent, or officer was transferred, shall proceeds under 2(c) of interimpolicy. remain in effect until further -notice and EPA File Symbol 523-TI. Roberts Labora­ are hereby affirmed, including the power tories, Inc., 4995 N Main St.,':Rockford IL or redelegation to the extent so pro­ 61101. ROBERTS DIMETHOATE 267 E.C. vided in such delegations provided, how­ The Administrator or his designee is SYSTEMIC INSECTICIDE. Active Ingre­ responsible for custody of the impression dients: Dimethoate [ O.O-dimethyl S-(N- ever that any contractual arrangement, methylcarbamoyl-methyl) phosphorodi- interagency agreement, grant, loan guar­ seals and of replica (placque) seals. thioate] 30.5%. Method of Support: Appli­ antee, property transfer or any other (Bee. 105(f), Energy Reorganization Act of cation proceeds under 2(c) of interim action involving more than ten million 1974, Pub. L. 93-438) policy. dollars shall be subject to the prior ap­ Effective Date: January 9, 1975. EPA Reg. No. 2459-30. Stevens Industries, proval of the Administrator or such Inc., PO Box 272, Dawson GA 31742. MAS­ officer of ERDA as the Administrator, in R obert C. S e a m a n s , Jr., TER BRAND EMULSIFIABLE SPRAY FOR writing, may designate. Administrator. COTTON. Active Ingredients: 'Toxaphene 58.5%. Method of Support: Application The authority affirmed herein shall be [FR Doc.75-1887 Filed l-17-75;8:45 am] proceeds under 2 (c) of interim policy. exercised in accordance with all appli­ EPA Reg. No. 2459-220. Stevens Industries, cable laws, rules, and regulations. FEDERAL COMMUNICATIONS Inc., PO Box 272, Dawson GA 31742. Authority vested in the Administrator COMMISSION TOX.-M. PARATHION. Active Ingredients: by applicable laws, not encompassed by Toxaphene 52.81%; O-O-dimethyl O -p- [Dockets Nos. 19744, 19745; Files Nos. BRCT— nitrophenyl thiophosphate 26.41%; Xylene the delegations of authority hereinabove 33, BPCT-4453; FCC 75R-11] 4.32%. Method of Support: Application affirmed, are reserved to the Administra­ proceeds-under 2(c) of interim policy. BELO BROADCASTING CORP. AND tor or such officer of ERDA as the Ad­ WADECO INC. EPA File Symbol 861-RNR. Uncle Sam Chem. ministrator, in writing, may designate. Co., Inc., 575 W 131st St., New York N Y Memorandum Opinion and Order Enlarging 10027. VAPORIZER NO. 1000 INSECT When an officer or employee had been Issues SPRAY. Active Ingredients: Pyrethrins required pursuant to his delegation of Memorandum opinion and order en­ 1.00%; Technical Piperonyl Butoxide authority to refer, or provide informa­ 2.00%; N-Octyl Bicycloheptene Dicarboxi- larging issues. In re applications of Belo mide 3.00%; Petroleum Distillate 94.0%. tion on, a particular matter to a higher Broadcasting Corporation (WFAA-TV), Method of Support: Application proceeds level officer or employee, and the position Dallas, Texas, Docket No. 19744, File No. under 2(c) of interim poircy. of such higher level officer or employee BRCT-33, for renewal of broadcast li­ EPA File Symbol 623-GT. United Chem. Co., cense; WADECO, Inc., Dallas, Texas, Inc., 2100 Wyandotte St., Kansas City MO has been abolished as a result of the en­ actment of Pub. L. 93-438 or has not yet Docket No. 19745, File No. BPCT-4453, 64108. UNITED VETER-SAN CLEANER- for construction permit for new tele­ DEODORIZER - DISINFECTANT - FU N G I­ been established in the Administration, CIDE. Active Ingredients: n-Alkyl (C14 vision broadcast station. 60%, C16 30%, C12 5%, C18 5%) dimethyl referral of the matter, or provision of in­ 1. This proceeding involves the mu­ benzyl ammonium chlorides 2.25%; n - formation thereon, shall be to the tually exclusive applications of Belo Alkyl (C12 68%, C14 32%) dimethyl ethyl- Administrator. Broadcasting Corporation (Belo) for re­ benzyl ammonium chlorides -2.25%; So­ (Section 105(c) of the Energy Reorganiza­ newal o f its license to operate on Chan­ dium Carbonate 3.00%. Method of nel 8, Dallas, Texas, and WADECO, Inc. Support: Application proceeds under tion Act of 1974 (Pub. L. 93-438) ) (WADECO) for authorization to con­ 2 (b ) of interim policy. Effective Date : January 19,1975. EPA File Symbol 32560-R. W ill & Baumer struct a new television station on that Candle Co., Inc., PO Box 711, Syracuse N Y R o bert C. S e a m a n s , Jr., channel. These applications were desig­ 13201. CITRONELLA L1017 PATIO LITE Administrator. nated for consolidated hearing by Com­ mission Order, 40 FCC 2d 1131, 27 RR STOCK NO. 780116. Active Ingredients: Oil [FR Doc.75-1888 Filed l-17-75;8:45 am] of Citronella 2%. Method of Support: Ap­ 2d 889, released May 24, 1973. The Re­ plication proceeds under 2(c) of interim view Board now has before it Belo’s sixth policy. OFFICIAL SEAL motion to enlarge issues,1 tiled October 11, Notice of Adoption Dated: January 11, 1975. 1 The Board also has before it the following J o h n B. R it c h , Jr., Pursuant to section 105(f) of the En­ related pleadings: (a) opposition, filed Octo­ Director, ergy Reorganization Act of 1974, the Ad­ ber 24, 1974, by WADECO; (b ) comments, filed October 24, 1974, by the Broadcast Bu­ Registration Division. ministrator has adopted an official seal, reau; and (c) reply, filed November 5, 1974, IFR Doc.75-1872 Filed l-I7-75;8:45 am] the description of which is as follows: by Belo.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3243

1974,2 requesting the addition of the fol­ 3. In opposition, WADECO alleges years before WADECO indicated to the lowing issues: that the petition lacks specificity, and it Commission that the cash surrender (1) To determine whether WADECO, is not verified by an affidavit of a per­ value of the life insurance was not fully Inc. omitted material information in its son having personal knowledge of the a liquid asset. Moreover, we note that application regarding James K. Wade’s facts alleged/ Moreover, WADECO as­ WADECO has not yet fully apprised the financial condition in violation of § 1.514 serts—without further elaboration—that Commission of Wade’s financial status, and/or failed to amend its application Belo has ignored the statement in the since the applicant has not stated pre­ with respect thereto in violation of § 1.65 erratum which indicates that the pledged cisely what amount of the surrender of the Commission’s rules. portion of Wade’s assets is reflected in value of the policy is actually hypoth­ (2) To determine whether WADECO, the long-term liabilities reported on ecated. Thus, the Board concludes that Inc. and/or James K. Wade misrepre­ Wade’s balance sheet. The Broadcast an issue is warranted to determine sented material facts concerning his per­ Bureau notes in its comments, however, whether WADECO complied with Rule sonal financial condition. that WADECO’s erratum failed to indi­ 1.65/ However, a misrepresentation is­ (3) To determine, in the light of the cate when the cash surrender value of sue will not be added because petition­ foregoing issues, whether James K. Wade Wade’s life insurance was pledged, there­ er’s allegations in this respect are in­ is qualified to be a principal of a Commis­ by negating its viability as a source of sufficient to warrant such an inquiry, and sion licensee. funds should WADECO be required to the general question of candor may be (4) To determine, in the light of the rely upon the stock subscriptions of its examined under the issue specified here­ evidence adduced under the preceding is­ stockholders.® in. Home Industries, Inc., 28 FCC 2d sues, whether WADECO, Inc. possesses 4. The Review Board will add a Rule 454, 21 RR 2d 851 (1971); Folkways the basic or comparative qualifications to 1.65 issue against WADECO. Although Broadcasting Co., Inc., 21 RR 2d 211 n. 8 be a licensee of the Commission. Belo’s petition is not supported by an (1971). 2. In support of its petition, Belo allegesaffidavit of a person having personal 5. Accordingly, it is ordered, That the that WADECO and/or James K. Wade, knowledge of the facts alleged, the fac­ motion for enlargement of issues, filed president of WADECO, misled the Com­ tual bases for petitioner’s allegations ap­ October 11, 1974, by Belo Broadcasting mission by failing to make timely dis­ pear in WADECO’s own submissions to Corporation, is granted to the extent closure of the hypothecation of Wade’s the Commission and, consequently, are indicated below, and is denied in all other life insurance cash surrender value and matters of which the Board may pro­ respects; and thus misrepresented the extent of his perly take official notice. See Rule 1.229. 6. I t is further ordered, That the is­ liquid assets. According to Belo, in an Rule 1.65 requires an applicant to amend sues in this proceeding are enlarged to October 12,1972, amendment to its appli­ his application when the information cation, WADECO submitted a balance furnished in the application is no longer include the following issue: To determine sheet for Wade, dated October 6, 1972, substantially accurate and complete in whether WADECO, Inc., has failed to comply with the provisions of § 1.65 of which listed $47,178 as the cash surrender all significant respects or when changes value of his life insurance.3 Belo alleges which may be of decisional significance the Commission’s rules by not reporting a substantial change in the liquid assets that WADECO continued to rely on have occurred. See, e.g., Star Stations of Wade’s October 6, 1972 balance sheet; Indiana, Inc., 34 FCC 2d 632, 636, 24 RR of James K. Wade, and, if so, to deter­ thus, in a September 25, 1974, opposition 2d 165, 170 (1972). And, significant re­ mine the effect of such non-compliance to Belo’s fifth motion to enlarge issues, ductions in the amount of liquid assets on the applicant’s basic or comparative WADECO stated that Wade’s liquid as­ shown on the balance sheet of a stock qualifications to be a Commission licens­ sets included the cash surrender value of subscriber could constitute material ee. life insurance in the amount of $47,178. changes affecting financial qualifica­ 7. I t is further ordered, That the bur­ However, petitioner continues, WADECO tions. Christian Voice of Central Ohio, den of proceeding with the introduction indicated the following for the first time 15 FCC 2d 303,14 RR 2d 785 (1968); Star of evidence under the issue added herein in an erratum to the September 25 op­ Stations of Indiana, Inc., supra.® shall be on Belo Broadcasting Corpora­ position, filed October 3, 1974: WADECO’s statement in its erratum of tion, and the burden of proof under such * * * that a substantial portion of the October 3,1974, that the pledged portion cash surrender value of Mr. Wade’s life in­ of the cash surrender value of Wade’s issue shall be on WADECO, Inc. surance has been pledged and is not a liquid life insurance is included in the long­ Adopted: January 8,1975. asset. The pledged portion of that asset is term liabilities recited in Wade’s balance included in the long-term liabilities recited sheet dated October 6, 1972, raises a Released: January 13,1975. in Mr. Wade’s balance sheet. question of whether the pledge of that F ederal C ommunications Based upon the above, Belo asserts that asset may have occurred as much as two C o m m is s io n , WADECO’s continued representation [ s e a l ] V in c e n t J. M u l l i n s , that the facts reflected in WADECO’s Secretary. October 6,1972 balance sheet were accu­ 4 In its reply, Belo notes that it is un­ necessary for it to verify facts contained in [FR DOC.75-1753 Filed 1-17-75,8:45 am ] rate, represents a “ continuing major de­ WADECO’s earlier opposition and erratum ception by that applicant and its prin­ and which have thus “already been certi­ cipal * * * ” with respect to the extent of fied to be true and correct by James K. Wade, [Docket No. 16070; FCC 75-23] Wade’s liquid assets. a principal of WADECO and its President, and by counsel for WADECO.” COMMUNICATIONS SATELLITE CORP. 5 The Bureau favors the addition of Rule Order Regarding Investigation 2 Although Belo’s petition is untimely, the 1.65 and misrepresentation issues, but states Board agrees with petitioner that WADECO’s that a Rule 1.514 issue is not warranted in In the matter of Communications recent disclosure of information relating to the absence of specific allegations of fact or Satellite Corporation investigation into the liquidity of Mr. Wade assets constitutes supporting affidavits pursuant to Rule 1.229 good cause for filing the motion at this which indicate that WADECO’s application charges, practices, classifications, rates time. was inaccurate or incomplete at the time of and regulations, Docket No. 16070. “ Belo relates that WADECO submitted a filing. 1. The Commission has before it a 1971 financial statement for Wade with its «FCC Form 301, section m , 4(b), states in original application on July 1, 1971, which part: “For each person (except financial motion filed January 7, 1975, by the reflected that Wade’s life insurance had a institutions) who has agreed to furnish separated Trial Staff of the Common cash surrender value of $5,200. Petitioner funds or purchase stock, but who has not Carrier Bureau (Trial Staff) and the further notes that although by letter, dated already done so, submit a balance-sheet or, Noyember 4,1971, the Commission questioned in lieu thereof, a financial statement show­ the sufficiency of Wade’s liquid assets to meet ing all liabilities and containing current 7 Since there is no indication that the his stock subscription commitment, WADECO and liquid assets sufficient in amount to original financial statement was incorrect, did not respond to this specific matter until meet current liabilities . . . and, in addition, there is no basis for the addition of a Rule the above-mentioned amendment was sub­ to indicate financial ability to comply with 1.514 issue. But cf. Horne Industries, Inc., mitted. the terms of the agreement. 28 FCC 2d 454, 21 RR 2d 851 (1971).

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3244 NOTICES

Communications Satellite Corporation Howell’s original application, filed on been raised. Specifically, the sale of Mrs. (Comsat) to postpone the last date for March 6, 1973, lists & dress shop owned Howell’s dress shop could constitute a filing of Proposed Findings of Fact and by Mrs. Howell as an asset. However, the significant changed circumstance, bear­ Conclusions of Law in the above-cap­ Bureau alleges, on October 7, 1974, the ing directly on Howell’s financial quali­ tioned proceeding for a period of ap­ first day of hearing in the instant pro­ fications. As the Board’s Memorandum proximately one month. ceeding, Howell revealed that the shop Opinion and O rd er,____FCC 2d ____, 2. The parties indicate that prolonged had been sold approximately one year 30 RR 2d 406 (1974) , issued in response and serious illness of two key members of earlier.- Howell’s failure to inform the to the aforementioned Wells petition, the Trial Staff has made it impossible to Commission of the sale earlier, the Bu­ makes clear, both the liquidity of the complete analysis of the record and to reau alleges, is a violation of Rule 1.65. real estate represented on Howell’s bal­ prepare proposed findings by the present With respect to its request for misrep­ ance sheet and Mrs. Howell’s income deadline. They further state that Comsat resentation issue, the Bureau contends are in question. Howell, having relied on needs a short extension to complete its that it was also revealed at the hearing his wife's assets to make his financial findings but supports the request of the that Mrs. Howell’s ownership interest showing, may not excuse his failure to Trial Staff for a further extension. in the shop extended only to the inven­ amend his application to report their 3. We believe good cause has been tory, although the asset was listed under sale by disclaiming any personal interest shown for the requested extension. This the real estate schedule on Howell’s in the assets. Cf. Voice of Reason, Inc. is the second extension granted for the balance sheet. Moreover, the Bureau (K IC M ), 37 FCC 2d 686, 25 R R 2d 645 filing of proposed findings. By Order of contends, Howell, in submissions to the (1972). For these .reasons, inquiry into the Chief, Common Carrier Bureau re­ Commission subsequent to the sale, con­ these matters will be authorized. leased November 27, 1974, the time for tinued to rely on the shop as real estate 5. Addition of a misrepresentation is­ filing of proposed findings was extended and as a source of income during the first sue is also warranted. In his January 25, until January 15, 1975, and that for re­ year of operation.3 Specifically, the Bu­ 1974 pleading defending his financial plies to February 28,1975. reau submits that in a January 25, 1974, showing, Howell affirmatively relied on 4. In view of these two extensions, it opposition to a petition to enlarge issues, his June 30, 1973 balance sheet and his has become clear that it will not be pos­ filed by Aaron J. Wells (Wells), Howell wife’s property and income, even though sible to reach a final decision by April 1, placed direct reliance on his wife’s in­ the availability of the funds in question 1975, as we had hoped. We now antici­ come.3 The Bureau concludes that appro­ may have been terminated through sale pate that the two month filing extension priate issues are warranted. In his com­ several months earlier. Thus, the Board will cause a comparable extension in the ments, Wells supports addition of the apparently reached its decision without target date for our decision. requested issues. the benefit of all pertinent information. 5. Accordingly, it is ordered, That the 3. In opposition, Howell initially states Addition of the requested misrepresenta­ Memorandum Opinion and Order in the that his wife was never paid for the tion issue is therefore warranted regard­ above-captioned matter, 48 F.C.C. 2d 86 sale of her interest in the dress shop less of the possibility that the Board (1974) is amended to allow proposed and .that a civil action has been com­ would have added the financial issue findings of fact and conclusions of law to menced to reacquire it. Howell main­ even had it possessed all of the correct be filed no later than February 12, 1975, tains that the transaction was not re­ information, or whether or not Howell’s and reply findings and briefs no later ported earlier pursuant to Rule 1.65 bank loan and remaining assets would than March 26,1975. because Mrs. Howell is not the applicant have been sufficient to meet his first year and since Howell, in light of his bank costs without relying on the dress shop. Adopted: January 13,1975. loan and other assets, “is not and does See FCC v. WOKO, Inc. 329 U.S. 223 Released: January 14,1Ú75. not need to rely on this asset to finance (1946); St. Cross Broadcasting, Inc., 39 the proposed station.” Howell also sub­ FCC 2d 514, 26 RR 2d 941 (1973). Nor is F ederal C ommunications the fact that the sale is disputed or in C o m m is s io n , mits that he may work part time at two other stations after his proposed station litigation sufficient to eliminate the ob­ [ s e a l ] V in c e n t J. M u l l i n s , ligation to truthfully represent infor­ Secretary. is constructed, and that he and Mrs. Howell will also live on the income from mation to the Commission. See Voice of [F R Doc.75-1754 Filed l-17-75;8:45 am] her job with a stock brokerage agency. Reason, Inc. (KICM ), supra. Finally, in Finally, admitting that his current bal­ our opinion, the extent of Mrs. Howell's ownership interest in the dress shop and [Docket Nos. 19882,19884; FCC 75R-10] ance sheet places the dress shop under the heading Real Estate, Howell notes whether it too was misrepresented may JIMMIE H. HOWELL AND AARON J. WELLS be explored under the issue being added that the store’s assets are described herein.4 Memorandum Opinion and Order Enlarging therein as “ Store Inventory, etc.” Thus, Issues Howell concludes, there was no conceal­ 6. Accordingly, it is ordered, That the ment or misrepresentation of any former motion to enlarge issues, filed Octo­ In re applications of Jimmie H. Howell, interest in real estate, nor any motive ber 25, 1974, by the Broadcast Bureau, Milton, Florida, Docket No. 19882, File for such misrepresentation. is granted to the extent indicated here­ No. BP-19402; Aaron J. Wells, Milton, in, and IS DENIED in all other respects; Florida, Docket No. 19884, File No. BP- 4. The Review Board agrees with the and 19430; for construction permits. Bureau that a serious question as to Howell’s compliance with Rule 1.65 has 7. It is further ordered, That the Rule 1. By Order, 38 FR 34150, published 1.65 issue designated by the Commission December 11, 1973, the Commission des­ by Order, 34 FR 34150, published De­ ignated the above-captioned applications 3 The Bureau notes that in a financialcember 11, 1974, is modified to encom­ for hearing. Now before the Review statement dated June 30, 1973, submitted in pass the matters raised herein; and Board is a motion to enlarge issues, filed an amendment dated August 7, 1973, HoweU 8. It is further ordered, That the is­ October 25, 1974, by the Broadcast Bu­ represented that he and his wife would “if sues in this proceeding are enlarged to necessary, sell, transfer, or hypothecate any reau, requesting the addition of mis­ or all of the above real estate to construct include the following issues: representation and Rule 1.65 issues and/or operate the proposed station the first (a) To determine whether Jimmie H. against Jimmie H. Howell (Howell) .1 year.” Howell made misrepresentations to the 2. In support, the Bureau asserts that 8 In his opposition, Howell defended his Commission with reference to his finan­ the financial statement submitted with proposal not to draw a salary from the pro­ cial qualifications. posed station by declaring that his salary as a county official “* * * in addition to his 1 Also before the Review Board are: (a) wife’s business, Margot’s Dress Shop in *In this respect we note that although Opposition, filed November 6,1974, by Howell; Milton, is more than enough to sustain he Howell claims innocent intent, his wife’s (b) comments, filed November 7, 1974, by and Mrs. Howell.” In this regard, the Bureau dress shop is included on the balance sheet Aaron J. Wells; and (c) reply, filed Novem­ points out that Howell has since lost his under the “Real Estate Mortgages” schedule ber 13,1974, by the Broadcast Bureau. county employment. as well.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3245

(b) To determine, in light of the evi­ pertinent UJ3. positions. Recommenda­ tions Act of 1934, as amended, 47 U.S.C. dence adduced with respect to the fore­ tions for inclusion of a particular subject 154(1). going issue, whether Jimmie H. Howell or revision of certain regulations should possesses the requisite and/or compara­ be accompanied by adequate justification Adopted: January 3,1975. tive qualifications to be a Commission and/or supportive rationale. In this con­ Released: January 10,1975. licensee. nection, the Commission will consider, by 9. It is further ordered, That the bur­incorporation herein, those pertinent Pe­ F ederal C ommunications den of proceeding with the introduction titions for Rule Making already on file C o m m is s io n ,1 of evidence under the issues added here­ as well as the results of the aforemen­ [ s e a l ] V in c e n t J. M u l l i n s , in shall be on the Broadcast Bureau, and tioned specialized Radio Conferences. Secretary. the burden of proof shall be on Jimmie Typical of the questions or issues ex­ R eso lu tio n N o . 28 H. Howell. pected to be addressed is the following WORLD ADMINISTRATIVE RADIO CONFERENCE FOR Adopted: January 8,1975. question: THE GENERAL REVISION OF THE RADIO REGULATIONS Released: January 13,1975. What effect, if any, will 3 kHz channel spacing in the HF aeronautical mobile (R) The Plenipotentiary Conference of the In­ F ederal C ommunications bands have upon the need for and timing of ternational Telecommunication Union C o m m is s io n , an aeronautical satellite program? (Mala-Torremoiines, 1973), [ s e a l] V in c e n t J. M u l l i n s , 5. In developing proposals for consider­ considering : Secretary. ation by the Commission in preparation (a) That, since 1959, various world admin­ [FR Doc.75-1755 Filed l-17-75;8:45 am] for the 1979 WARC, participants should istrative radio conferences have amended keep in mind the importance of the con­ the Radio Regulations and Additional Radio Regulations on specific points without hav­ [Docket No. 20271; FCC 75-6] ference results. Based upon past experi­ ing been able to harmonize the decisions ence, decisions reached at this conference taken because of the limited nature of their INTERNATIONAL TELECOMMUNICATION can be expected to provide thé framework UNION agenda; for the Table of Frequency Allocations (b) That, as a result of technical ad­ Notice of Inquiry through most of the remainder of this vances, some of the provisions in these Regu­ century. It is of the utmost importance to lations should be reconsidered, particularly In the matter of an inquiry relating to with regard to certain services which are preparation for a General World Admin­ develop a U.S. position which effectively promotes that combination of telecom­ developing rapidly; istrative Radio Conference of the Inter­ (c) That, for these reasons, a general re­ national Telecommunication Union to munications uses which offers the maxi­ mum social and economic contribution to vision of the Radio Regulations and of the consider revision of the Radio Regula­ Additional Radio Regulations should be un­ tions. the national welfare while at the same dertaken; time retains the necessary flexibility to 1. By Resolution Number 28, adopted resolves : by the 1973 Plenipotentiary Conference accommodate the important new appli­ cations of this dynamic technology as That a World Administrative Radio Con­ of the International Telecommunication ference to revise, as necessary, the Radio Union (ITU), a General World Admin­ well as the unique requirements of our Regulations and the Additional Radio Regu­ istrative Radio Conference (W ARC) of international partners in the ITU. lations shall be convened in 1979; the IT U for the general Revision of the 6. As in the past, the Commission will Instructs the Administrative Council to international Radio Regulations will be expect to coordinate its views with those make preparations for convening that Con­ ference. convened in 1979. A copy of that Resolu­ of the Office of Telecommunications Pol­ tion is attached. icy and the Department of State in de­ [FR Doc.75-1757 Filed l-17-75;8:45 am] 2. The last General WARC for such a veloping national proposals for the 1979 purpose was held in 1959. Prior to that General WARC. Thus, it should be noted that this inquiry, and any of an antici­ [Docket Nos. 20320, 20321; File Nos. 4304- time the practice had been to revise the C2—P—71, 6261-C2-P—71; FCC 75-21] international Radio Regulations as a pated number of additional Notices of whole whenever necessary. However, the Inquiry in this proceeding are not rule VEGAS INSTANT PAGE AND rapid growth of international communi­ making actions and will not involve WUI/TAS OF LAS VEGAS, INC. changes in, or additions to, Commission cations services and the resulting com­ Memorandum Opinion and Order Desig­ plexities of the revision process has made Rules and Regulations. Nonetheless, in­ nating Applications for Consolidated it desirable to hold specialized W ARC’s puts to this proceeding may eventually Hearing on Stated Issues dealing with one particular radio service. lead to proposals for modification of the Five such specialized conferences have international Radio Regulations and In re applications of Vegas Instant Page, Las Vegas, Nevada, Docket No. been held since 1959, and additional spe­ consequent incorporations of such cialized conferences are scheduled to con­ changes in the Commission’s Rules. 20320, File 4304-C2-P-71; WUI/TAS of vene prior to t^ie 1979 General WARC. 7. Accordingly, interested persons de­ Las Vegas, Inc., Las Vegas, Nevada, Docket No. 20321, File No. 6261-C2-P-71. 3. Although the Administrative Council siring to submit comments, proposals, of the ITU will subsequently determine recommendations or changes to the in­ 1. The Commission has before it for the specific convening date, the duration ternational Radio Regulations for con­ consideration applications filed by Vegas and the draft agenda of the 1979 General sideration by the 1979 WARC may do so Instant Page (VIP) on February 8, 1971 WARC, and will invite comments from on or before February 14, 1975. Replies and by Vegas Valley Associates, Inc. (now interested member nations, the nature to any such comments, proposals, rec­ WUI/TAS of Las Vegas, Inc., hereinafter and objectives of this Conference could ommendations or changes may be sub­ WUI/TAS) on April 19, 1971, for new result in the revision of any aspect of mitted on or before February 28, 1975. one-way facilities in the Domestic Public the international Radio Regulations. Be- All relevant and timely filed comments Land Mobile Radio Service (DPLMRS) cause of the far reaching importance of as well as other pertinent information in the Las Vegas, Nevada area. Both ap­ this conference it is necessary that pro­ made available to the Commission will plications are for guardband frequency posals for changes to the international be considered. 158.70 MHz. Also before the Commission Radio Regulations be received and con­ 8. Pursuant to § 1.419 of the Commis­ are: (a) A petition to return WUI/TAS’s sidered at the earliest practicable date. application as defective filed by VIP on sion’s rules, an original and fourteen March 30, 1973, (b) an amendment to 4. The purpose of this Inquiry, there­ copies of all statements, briefs, or com­ fore,' is to solicit comments or recommen­ the original Vegas Valley Associates ap­ dations concerning changes or revisions ments filed in response to this Notice are plication filed June 8, 1973 substituting to the international Radio Regulations required. WUI/TAS as the applicant; (c) a reply which the public believes should be con­ 9. Authority for this action is con­ sidered by the Commission in developing tained in section 4 (i) of the Communica­ 1 Commissioner Reid absent.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3246 NOTICES by WUI/TAS to VIP’s petition to return cation defective. Vegas Valley Associates plus voice emission desiginator would as defective filed July 6, 1973; (d) an was being sold to WUI/TAS. Authoriza­ have permitted VIP to provide that serv­ amendment to its application filed by tions had to be gotten from this Commis­ ice. For that reason a change in descrip­ VIP on October 24,1973; (e) WUI/TAS’s sion and the Nevada PSC. Ideally, all tive words to more accurately reflect “Petition to Dismiss and Return as De­ paperwork could have been coordinated technical information already provided fective” the amended V IP application to avoid the present situation. The ideal is a minor amendment. filed November 21, 1973; (f) an opposi­ is rarely achieved, and we will not re­ 9. Both applicants presently provide tion filed by VIP on December 6, 1973; quire it here. Returning the application paging services in the Las Vegas area. and (g) a reply to the opposition filed by of WUI/TAS is much too drastic under Neither applicant has adequately shown WUI/TAS on January 4, 1974. the circumstances. See Day Rite Radio there is any public need for the grant 2. Both VIP and WUI/TAS presently Message Service, 26 F.C.C. 2d 911 (1971). of its application. Further, there has provide paging services in the Las Vegas, 5. V IP also asserts that the change in been no showing that the existing fa ­ Nevada area. VIP provides “tone-only” control (from Vegas Valley Associates cilities of each applicant are inadequate paging on a frequency of 35.58 MHz and to WUI/TAS) is a major amendment. to serve whatever demand exists. Empire “ tone plus voice” paging on guardband As such, the application is a new appli­ Communications Company, 47 F.C.C. 2d frequency 152.24 MHz. WUI/TAS pro­ cation subject to Public Notice as pro­ 329 (1974). Therefore, the capacity of vides two-way mobile service primarily vided for in § 21.278 of the Rules and each applicant’s facilities in relation to and one-way paging secondarily on a the “ cut off” provisions of § 21.30(b)8 the demand faced by that applicant will frequency of 152.03 MHz. According to and 1.227(b) (3 )4 of the Rules. be in issue in the hearing. VIP, their paging service at 35.58 MHz 6. On December 28, 1973, the Commis­ 10. Insofar as the contents of the two is subject to “ skip” and inadequate build­ sion issued a" notice of proposed rule- applications are concerned, they pro­ ing penetration in spite of significant making, Docket No. 19905, 44 F.C.C. 2d pose to use the same frequency in the attempts to remedy these problems. The 556 (1973), to amend its definition of same city and are thus mutually ex­ quality of service to be afforded sub­ a major amendment to explicitly include clusive. Since both applicants appear to scribers at the higher guardband chan­ a substantial change in ownership of an be legally, financially and technically nel applied for is expected to be tech­ applicant. Pending final adoption, the qualified to construct and operate the nically far superior to that at the lower proposed rules were to be effective not proposed facilities, a comparative hear­ frequency. WUI/TAS asserts in its ap­ only for applications subsequently ing must be held to determine which plication and other documents that their amended, but also to previously amended applicant is the better qualified to op­ request for the remaining guardband fre­ pending applications. Special waivers, erate the proposed facilities in the pub­ quency is primarily to allow them to con­ however, would be granted to preclude lic interest. Ashbacker Radio Corp. v. form with the Commission’s intent in unfair results. 46 F.C.C. 2d at 560. Un­ F.C.C., 326 U.S. 327 (1945) . granting the use of 152.03 MHz. I f its less a waiver is appropriate, the WUI/ 11. Issue 1 calls for a comparative de­ application is approved, WUI/TAS states TAS application would be dismissed termination of the nature and extent of it will transfer its one way paging cus­ under the terms of the notice of pro­ the services proposed by each applicant. tomers to the new channel and use 152.03 posed rulemaking. We are currently reexamining the com­ MHz exclusively for two-way service. parative criteria use in the DPLMRS. 7. We will grant a waiver of the “cut 3. In its motion to oppose the grant of Until we announce changes in these cri­ off” rule here. The application was teria, however, we will continue to take the WUI/TAS application, VIP argues originally filed in April, 1971. It was first that the application* is defective evidence and arguments addressed to more than two years later, in June 1973, due to a failure to comply with Rule the rates, charges, maintenance, per­ that the change in ownership was effec­ 21.15(c) (4),1 which requires that a copy sonnel, practices, classifications, regula­ tive. This was also six months before of the state authorization to . provide tions and facilities to be offered by the WUI/TAS had notice that such a change service, if one is required, be submitted competing carriers, and to use these fac­ would be considered a major amend­ with the application filed with this Com­ tors as decisional factors in selecting ment. Nor has V IP claimed it has been mission. Nevada does require such an among applicants. prejudiced in any way by the change authorization. Since the Nevada PSC re­ 12. In view of the foregoing, It is or­ in ownership. While we think our pro­ assigned the authorization of Vegas Val­ dered, That pursuant to sections 309(d) posed amended rule is a good one, a ley to WUI/TAS on April 19, 1973, the and (e) of the Communications Act of waiver as provided for in the notice of argument goes, the application on file 1934 as amended, (47 U.S.Ct sections proposed rulemaking is in order here. with this Commission on that date in the 309(d) and (e )) that the captioned ap­ See Racom, Inc., 48 F.C.C. 2d 217 (1974). name of Vegas Valley was not in com­ plications of VEGAS INSTANT PAGE pliance with Rule 21.15(c)(4). » 8. On October 24, 1973, V IP amended AND WUI/TAS of LAS VEGAS, INC. 4. Failure to comply with the provi­ its application to provide for tone plus are designated for hearing in a consoli­ sions of Rule 21.15(c) (4) has constituted voice paging in lieu of tone only paging. dated proceeding upon the following a defect so serious that the Commission WUI/TAS argues in its Petition to Dis­ issues: has rejected applications. See Two Way miss and Return as Defective that the 1. To determine on a comparative basis Radio of Carolina, 18 F.C.C. 2d 356 change is a major amendment, subject the nature and extent of the services (1969); Canaveral Communications, 26 to the “ cut off” rule. VIP, in its opposi­ proposed by each applicant. F.C.C. 2d 73 (1970). Those cases, how­ tion to the petition to dismiss, points 2. To determine the total area and pop­ ever, are easily distinguished from the out that the emission designators shown ulation to be served by Vegas Instant instant case. In Two Way Radio, the in its original application would permit Page within the 43 dbu contour of its North Carolina PUC had refused to issue both tone only and tone plus voice proposed station based upon the stand­ a certificate. In Canaveral, the adequacy paging. According to VIP, the amend­ ards set forth in § 21.504 of the F.C.C. of an existing certificate to cover a new ment therefore only updates and sup­ Rules and Regulations, and to deter­ service was in doubt. In the instant case, plements the information provided ear­ mine the need for its proposed service there is no claim that the certificate in lier and is a minor amendment. We in that area.' .agree, that under the circumstances, the name of WUI/TAS, submitted with 3. To determine the total area and the amended application on June 8,1973, the amendment is a minor one. Not only population to be served by WUI/TAS of is in any substantive way defective. True, were emission designators necessary for Las Vegas, Inc. within the 43 dbu con­ there was a period between April 19 and tone plus voice paging shown, but re­ tour of its proposed station based upon June 8, 1973 when the certificate with ceivers capable of providing tone plus the standards set forth in § 21.504 of the the application on file (that in the name voice service were to be utilized as well. F.C.C. Rules and Regulations, and to de­ A grant of the application with the tone of Vegas Valley Associates) had been termine the need for its proposed serv­ superceded. Under the circumstances, ice in that area. however, we will not consider the appli- 2 47 CFR 21.27. *47 CFR 21.30(b). 4. To determine the present and pro­ 147 CFR 21.15(c) (4 ). 4 47 CFR 1.227(b)(3). spective channel loading by VIP of its

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3247 presently assigned one-way paging fre­ Traffic Control Tower at Twin Falls 3. FHWA Regional Office— Region 1 City-County Airport, Joslin Field, Twin 4 Normanskill Boulevard quencies. Delmar, New York 12054 5. To determine the present and pro­ Falls, Idaho, will be commissioned. Com­ munications to the Airport Traffic Con­ 4. U.S. Department of Transportation spective channel loading by WUI/TAS of Federal Highway Administration its presently assigned two-way paging trol Tower should be addressed as Environmental Development Division frequency. follows: Nassif Building— Room 3246 6. To determine, in light of the evi­ Airport Traffic Control Tower 400-7th Street, SW dence adduced pursuant to the foregoing Department of Transportation Washington, D.C. 20590 issues, what disposition of the above- Federal Aviation Administration Comments from interested groups and Route 2 captioned applications would best serve the public on the proposed Action Plan the public interest, convenience and Twin Falls City-County Airport, Joslin Field Twin Falls, Idalio 83301 are invited. Comments should be sent to necessity. the FHWA Regional Office shown above 13. It is further ordered, That the hear­ Issued in Seattle, Washington, on Jan­ before February 21,1975. ing shall be held at the Commission offi­ uary 10,1975. ces in Washington, D.C. at a time and C . B. W a l k , Issued on: January 9,1975. place and before an Administrative Law Director, Northwest Region. N orbert T. T iem ann, Judge, to be specified in a subsequent [FR Doc.75-1693 Filed l-17-75;8:45 am] Federal Highway Administrator. order. 14. I t is further ordered, That the [FR Doc.75-1706 Filed 1-17-75; 8:45 am ] Chief, Common Carrier Bureau, is made WALLA WALLA CITY-COUNTY AIRPORT a party to the proceeding. WALLA WALLA, WASH. FEDERAL POWER COMMISSION 15. I t is further ordered, That appli­ Commissioning of Airport Traffic Control [Docket No. CP75-201] cants may avail themselves of an oppor­ Tower tunity to be heard by filing with the ARKANSAS LOUISIANA GAS CO. Opmmission pursuant to § 1.221(c) of the Notice is hereby given that on or about Notice of Application Rules within twenty days of the release January 20,1975, the Airport Traffic Con­ January 13,1975. date hereof, a written notice stating an trol Tower at Walla Walla City-County intention to appear on the date set for Airport, Walla Walla, Washington, will Take notice that on January 3, 1975, the hearing and present evidence on the be commissioned. Communications to the Arkansas Louisiana Gas Company (Ap­ issues specified in this Memorandum Airport Traffic Control Tower should be plicant), P.O. Box 1734, Shreveport, Opinion and Order. addressed as follows: Louisiana 71151, filed in Docket No. CP- 75-201 an application pursuant to sec­ Adopted: January 8,1975. Airport Traffic Control Tower Department of Transportation tion 7(c) of the Natural Gas Act author­ Released: January 13,1975. Federal Aviation Administration izing the sale of natural gas in interstate Route 4, Box 174 commerce by Applicant to Cities Service F ederal Communications Walla Walla, Washington 99362 Gas Company (Cities) so as to modify, Comm ission, as a result of curtailment, existing sales Issued in Seattle, Washington, on [ seal] V incent J. M u l l in s , arrangements between the two com­ Secretary. January 10,1975. panies presently taking place near Jane, [P R Doc.75-1756 Piled 1-17-75; 8:45 am] C . B. W a l k , Missouri, authorizing a related exchange Director, Northwest Region. of gas, and authorizing the construction DEPARTMENT OF [FR Doc.75-1694 Filed 1-17-75;8:45 am] and operation of facilities to implement TRANSPORTATION the exchange, all as more fully set forth in the application, which is on file with Federal Aviation Administration Federal Highway Administration the Commission and open to public in­ FAA AIR TRAFFIC CONTROL TOWER, RHODE ISLAND spection. SUGAR GROVE, ILL. Notice of Proposed Action Plan Applicant requests authorization to deliver to Cities at a point near Jane, Notice of Commissioning The Rhode Island Department of Missouri, up to 80,000 Mcf of gas per day, Notice is hereby given that on Febru­ Transportation has submitted to the Fed­ which shall consist of the volumes sub­ ary 4, 1975, the Airport Traffic Control eral Highway Administration of the U.S. ject to curtailment Applicant is already Tower at Aurora Municipal Airport, Department of Transportation a pro­ authorized to deliver to Cities at Jane posed Action Plan as required by Policy Sugar Grove, Illinois will be commis­ plus volumes equivalent to the volumes and Procedure Memorandum 90-4 issued Cities shall deliver to Applicant at a sioned as an FAA facility. This informa­ on June 1,1973. The Action Plan outlines proposed new exchange point between tion will be reflected in the FAA organi­ the organizational relationships, the as­ the two companies at an interconnection zation statement the next time it is is­ signments of responsibility, and the pro­ of their systems in McClain County, sued. Communications to the tower cedures to be used by the State to assure Oklahoma. Applicant proposes to charge should be as follows: that economic, social and environmental 50 cents per Mcf for all volumes deliv­ effects are fully considered in developing ered at Jane regardless of the source of Federal Aviation Administration highway projects and that final decisions said volumes, subject to an annual ad­ Airport Traffic Control Tower on highway projects are made in the best Aurora Municipal Airport justment to reflect purchased gas costs. Sugar Grove, Illinois 60554 overall public interest, taking into con­ Applicant further requests authorization sideration: (1) needs for fast, safe and to install a pipeline tap on its system in Issued in Des Plaines, Illinois on Jan­ efficient transportation; (2) public serv­ McClain County for the purpose of re­ uary 9, 1975. ices; and (3) -costs of eliminating or min­ ceiving the gas from Cities. R. O. Ziegler, imizing adverse effects. By order issued August 15, 1967, ac­ Director, The proposed Action Plan is available companying Opinion No. 527 (38 FPC Great Lakes Region. for public review at the following loca­ 364), Applicant was authorized to sell [FR Doc.75-1695 Filed l-17-75;8:45 am] tions: up to an average daily volume of 100,000 1. Rhode Island Department of Transporta­ Mcf of natural gas to Cities at a point tion TWIN FALLS CITY-COUNTY AIRPORT, Planning Division near Jane. The rate computed by Appli­ JOSLIN FIELD, TWIN FALLS, IDAHO State Office Building cant for the initial sale of the subject Commissioning of Airport Traffic Control Providence, Rhode Island 02903 gas was 22.5 cents per Mcf. Applicant Tower 2. Rhode Island Division Office— FHWA states that, as a result of curtailment on Gardner Building, 3rd Floor Notice is hereby given that on or 400 Fountain Street Applicant’s system, Cities is receiving, about February 10, 1975, the Airport Providence, Rhode Island 02903 and will continue to receive into the

FEDERAL REGISTER, VOL. 40, NQ. 13— MONDAY, JANUARY 20, 1975 3248 NOTICES foreseeable future, less gas from Appli­ the Commission on its own review of the son wishing to become a party must file a cant at Jane than is certificated. Appli­ matter finds that a grant of the certifi­ petition to intervene. Copies of this filing cant further states that Cities uses the cate is required by the public conven­ are on file with the Commission and are gas delivered at Jane for service to the ience and necessity. I f a petition for leave available for public inspection. Springfield-Joplin, Missouri, area, and to intervene is timely filed, or if the K enneth F. P lum b, needs 80,000 Mcf per day during the Commission on its own motion believes Secretary. winter. Applicant estimates that, as a that a formal hearing is required, fur­ [FR Doc.75-1734 Filed 1-17-75; 8:45 am] result of curtailment, Applicant will only ther notice of such hearing will be duly be delivering 44,000 Mcf per day to Cities given. at Jane. Cities, according to Applicant, Under the procedure herein provided [Dockets Nos. CP75-191, CP75-193, can deliver to Applicant in McClain for, unless otherwise advised, it will be CP75-194] unnecessary for Applicant to appear oar County sufficient gas so as to enable Ap­ LONE STAR GAS CO. plicant to supplement its deliveries at be represented at the hearing. Jane to provide the 80,000 Mcf per day K enneth F. P lumb, Notice of Applications to Cities at that point. Applicant states Secretary. J a n u a r y 10, 1975. that such an exchange would be of no [FR Doc.75-1738 Filed. 1-17-75;8:45 am ] Take notice that on December 30,1974, benefit to Applicant from a supply stand­ Lone Star Gas Company (Applicant), 301 point, but would be highly desirable for South Harwood Street, Dallas, Texas Cities because of the unique location of [Docket No. CP73-329, PGA 75-5B] 75201, filed in Docket Nos. CP75-191, the Jane supply point in relation to CHATTANOOGA GAS CO. CP75-193 and CP75-194 applications pur­ where the gas is needed in the Spring- Proposed PGA Rate Adjustment suant to section 7 of the Natural Gas Act, field-Joplin area. Applicant further as implemented by paragraphs Ce), (g) states that Cities’ alternative to this ex­ J a n u a r y 13,1975. and (b) of § 157.7 of the regulations change agreement is to expand its own Take notice that on January 6, 1975, thereunder (18 CFR 157.7 (b ), (c) and system capacity into the Springfield- Chattanooga Gas Company, (Chatta­ (g) ), respectively, for a certificate of Joplin area from the west at considerable nooga) tendered for filing proposed public convenience and necessity author­ investment. changes to Original yolume No- 1 izing the construction during the calen­ Applicant states that the new proposed FPC Gas Tariff to be effective on Jan­ dar year 1975 and operation of facilities price of 50 cents per Mcf is calculated on uary 1, 1975, consisting of the following for rearrangements of minor gas-sales or the basis of the volume of gas Cities pur­ revised tariff sheets: Ninth Revised transportation facilities, for authoriza­ chases from Applicant at Jane, with this Sheet No. 6. tion for the construction, relocation, amount to constitute payment not only Chattanooga states that the sole pur­ removal, or abandonment, also during the for the gas purchased by Cities at Jane pose of these Revised Tariff Sheets is to calendar year 1975, and operation of field but also settlement with respect to the adjust Chattanooga’s LNG rates pur­ compression and related metering and exchange aspect of the transaction. Ap­ suant to the PGA provision in Section 5 appurtenant facilities, and for a certifi­ plicant reserves the right hot to accept of the General Terms and Conditions of cate of public convenience and necessity any certificate issued in the instant its FPC Tariff to reflect increased pur­ authorizing the construction during the docket authorizing the proposed ex­ chased gas costs resulting from an addi­ calendar year 1975 and operation of gas change if the new price provided in the tional January 1, 1975 rate increase by purchase facilities, respectively, all as agreement is not approved and if Ap­ one of its suppliers, Southern Natural Gas more fully set forth in the applications, plicant cannot contemporaneously com­ Company, (Southern) in Docket No. which are on file with the Commission mence charging the new price upon is­ RP73-64 to reflect an additional increase and open to public inspection. suance of the certificate. in their purchased gas costs from United The purposes of these budget-type ap­ Applicant states that the estimated Gas Pipeline Company and Sea Robin plications are (1) to augment Applicant’s cost of the pipeline tap in McClain Pipeline Company. ability to act with reasonable dispatch County is $4,600 to be financed from Chattanooga requests that its Ninth in the construction and abandonment of funds on hand. Revised Sheet No. 6 be made effective on facilities which will not result in chang­ Any person desiring to be heard or to January 1, 1975, or on such other date ing Applicant’s system salable capacity make any protest with reference to said as the underlying filing of Southern Nat­ or service from that authorized prior to application should on or before Febru­ ural of December 19, 1974 becomes the filing of the applications, (2) to aug­ ary 4, 1975, file with the Federal Power ment Applicant’s ability to act with rea­ Commission, Washington, D.C. 20426, a effective. Chattanooga further states that it is sonable dispatch in contracting for and petition to intervene or a protest in ac­ connecting to its pipeline system supplies cordance with the requirements of the relying on its alternative rate increase re­ flected on Substitute Eighth Revised of natural gas in various producing areas Commission’s rules of practice and pro­ generally co-extensive with said system, cedure (18 CFR 1.8 or 1.10) and the Sheet No. 6 filed with the Commission on November 27,1974 to be effective on Jan­ and (3) to enable Applicant to act with Regulations under the Natural Gas Act reasonable dispatch in making miscel­ (18 CFR 157.10). All protests filed with uary 1, 1975, in* the event Ninth Revised Sheet No. 6 is not accepted to be effec­ laneous minor rearrangements on its sys­ the Commission will be considered by it in tem without the delay incident to the determining the appropriate action to tive on January 1, 1975. Chattanooga states that copies of the filing and processing of numerous indi­ be taken but will not serve to make the vidual certificate applications. Protestants parties to the proceeding. filing have been mailed to all of its juris­ Any person wishing to become a party to dictional customers. Applicant states that the total cost for a proceeding or to participate as a party Any person desiring to be heard or to construction of the gas purchase facili­ in any hearing therein must file a peti­ protest said filing should file a petition ties will not exceed $3,000,000, with no tion to intervene in accordance with the to intervene or protest with the Federal single project to exceed $750,000, that the Commission’s rules. Power Commission, 825 North Capitol total cost of the miscellaneous rearrange­ ments of gas-sales and transportation Take further notice that, pursuant to Street NE., Washington, D.C. 20426, in the authority contained in and subject to accordance with §§ 1.8 and 1.10 of the facilities will not exceed $300,000 with no the jurisdiction conferred’upon the Fed­ Commission’s rules of practice and pro­ single project to exceed $75,000, and that eral Power Commission by sections 7 and cedure (18 CFR 1.8, 1.10). All such peti­ the abandonment, removal and reloca­ 15 of the Natural Gas Act and the Com­ tions or protests should be filed on, or be­ tion, and construction of field compres­ mission’s rules of practice and procedure, fore January 30, 1975. Protests will be sion facilities will not exceed $800,000, a hearing will be held without further considered by the Commission in deter­ with no single project to exceed $200,000. notice before the Commission on this ap­ mining the appropriate action to be Such costs will be financed from working plication if no petition to intervene is taken, but will not serve to make protes- capital and cash on hand, according to filed within the time required herein, if tants parties to the proceeding. Any per­ Applicant.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3249

Any person desiring to be heard or to tinental Gas -Pipe Line Corporation parties to the proceeding. Any person make any protest with reference to said (Transco) in Docket No. G-11817. On wishing to become a party to a proceed­ applications should on or before Febru­ January 28, 1971, Marathon filed in ing or to participate as a party in any ary 3, 1975, file with the Federal Power Docket No. CI71-549 an application pur­ hearing therein must file a petition to in­ Commission, Washington, D.C. 20426, a suant to section 7 (b) of the Natural Gas tervene in accordance with the Commis­ petition to intervene or a protest in ac­ Act for permission for and approval of sion’s rules. cordance with the requirements of the the abandonment o f the sale to Transco K e n n e t h F. P l u m b , Commission’s rules of practice and pro­ from the La Gloria Field. Secretary. cedure (18 CFR 1.8 or 1110) and the regu­ In the order accompanying Opinion No. [FR Doc.75-1736 Filed l-17-75;8:45 am] lations under the Natural Gas Act (18 655, issued on March 21, 1973 (49 FPC CFR 157.10). All protests filed with the 738), the Commission authorized Mara­ Commission will be considered by it in thon to increase its deliveries to Natural [Docket No. RP72-149] determining the appropriate action to be to the extent of its prior commitments to MISSISSIPPI RIVER TRANSMISSION CORP. Transco and granted abandonment au­ taken but will not serve to make the pro­ Proposed Change in Rates testants parties to the proceeding. Any thorization for Marathon’s sale to person wishing to become a party to a Transco, together with similar authoriza­ J a n u a r y 13, 1975. proceeding or to participate as a party in tions to other producers in the La Gloria Take notice that Mississippi River any hearing therein must file a petition Field. On November 12, 1973, the United Transmission Corporation (M R T) on De­ to intervene in accordance with the States Court of Appeals for the District cember 23, 1974, tendered for filing Sec­ Commission’s rules. of Columbia Circuit reversed Opinion No. ond Substitute Alternate Twenty-Fifth Take further notice that, pursuant to 655 and remanded it to the Commission Revised Sheet No. 3A to its FPC Gas the authority contained in and subject for further proceedings.1 Tariff, First Revised Volume No. 1 to be­ to the jurisdiction conferred upon the Marathon states that as a result of come effective January 1, 1975, and Sub­ Federal Power Commission by sections 7 settlement negotiations a new and super­ stitute Twenty-Sixth Revised Sheet No. and 15 of the Natural Gas Act and the seding gas purchase contract dated No­ 3A to be effective February 1, 1975. Commission’s rules of practice and pro­ vember 7, 1974, with Transco in Docket M RT states that both sheets are being cedure, a hearing will be held without No. G-11817 and an amendment dated filed pursuant to the provisions of M R T’s further notice before the Commission on August 31, 1974, to Marathon’s gas sales Purchased Gas Cost Adjustment (PGA) these applications if no petition to inter­ contract with Natural in Docket No. G- clause to its tariff to reflect amended rate vene is filed within the time required 11818 were entered into to become ef­ change filings of United Gas Pipe Line herein, if the Commission on its own re­ fective subject to approval by the Com­ Company (United) and Natural Gas view of the matter finds that a grant mission of the settlement agreement in Pipeline Company of America (Natural), of the certificates and permission and Docket No. G-2730, et al. Said settlement both of which were filed to be effective approval for the proposed abandonments agreement was certified to the Commis­ January 1, 1975. are required by the public convenience sion on November 11, 1974. The new M RT states that Unite)! initially filed and necessity. I f a petition for leave to agreements with Transco and Natural, a PGA rate change on November 14, intervene is timely filed, or if the Com­ according to Marathon, provide for 1974 to be effective January 1, 1975 and mission on its own motion believes that changes in the volumes delivered to Natural filed a PGA rate change on No­ a formal hearing is required, further no­ Transco and Natural in accordance with vember 21, 1974 to be effective January 1, tice of such hearing will be duly given. the subject settlement agreements 1975, which, among other things, re­ Under the procedure herein provided Marathon, accordingly, requests that flected the PGA rate change of United. for, unless otherwise advised, it will be upon approval of the subject settlement Such rate changes were reflected by M RT unnecessary for Applicant to appear or the orders issuing certificates in Docket on Substitute Alternate Twenty-Fifth be represented at the hearing. Nos. G-11817 and G-11818 be amended Revised Sheet No. 3A to its tariff. M RT in accordance with the terms of the ap­ further states that on December 17,1974, K e n n e t h F. P l u m b , plicable agreement in the respective United amended its November 14, 1974 Secretary. dockets and that the proceeding on its PGA rate change filing to include as a [FR Doc.75-1735 Filed l-17-75;8:45 am] application to abandon service in Docket part of its deferred purchased cost No. CI71-549 be terminated. recovery an additional amount which According to Marathon’s summary of reflects all Opinion No. 699 producer in­ [Dockets Nos. G-11817, G-11818, and the November 7, 1974, contract with CI71-549] creases,“ prior to those prescribed in Transco, Marathon will sell approxi­ Opinion No. 699-H, up to the proposed MARATHON 6lL CO. mately 726,000 M cf of gas per month at January 1, 1975 effective date and Nat­ Petitions To Amend 14.65 psia, subject to upward and down­ ural subsequently amended its PGA rate ward Btu adjustment from a base of 1,000 change filing to track such change of J a n u a r y 14, 1975. Btu per cubic foot, at a price of 54.1583 United. Both United’s and Natural’s Take notice that on December 18,1974, cents per Mcf, which Marathon main­ amended PGA rate changes are reflected Marathon Oil Company (Marathon), 539 tains is the rate provided by § 2.56a of on Second Substitute Alternate Twenty- South Main Street, Findlay, Ohio 45840, the Commission’s General Policy and In ­ Fifth Revised Sheet No. 3A. submitted filings in Docket Nos. G-11817, terpretations (18 CFR 2.56a). Finally, M RT states that it has also G-11818 and CI71-549 to effect imple­ Any person desiring to be heard or to included herewith Substitute Twenty- mentation of a proposed settlement in make any protest with reference to said Sixth Revised Sheet No. 3A to its tariff, Hilda B. Weinert and Jane W. Blumberg, petitions to amend and request for ter­ which sheet is to be substituted for et al., Docket No. G-2730, et al., all as mination of proceeding should on or be­ Twenty-Sixth Revised Sheet No. 3A more fully set forth in said filings, which fore January 28, 1975, file with the Fed­ which M RT filed on December 17, 1974, are on file with the Commission and open to be effective February 1, 1975. to public inspection. eral Power Commission, Washington, The instant filings state that by order D.C. 20426, a petition ta intervene or a Any person desiring to be heard or to issued December 1, 1958, the Commis­ protest in accordance with the require­ protest said filing should file a petition sion granted certificates of public con­ ments of the Commission’s rules of prac­ to intervene or protest with the Federal tice and procedure (18 CFR 1.8 or 1.10). venience and necessity to Marathon pur­ Power Commission, 825 North Capitol suant to section 7 (c) of the Natural Gas All protests filed with the Commission will be considered by it in determining Street, NE., Washington, D.C. in accord­ Act authorizing the sale of natural gas ance with §§1.8 and 1.10 of the Com­ produced from specific properties in the the appropriate action to be taken but La Gloria Field, Brooks and Jim Wells will not serve to make the protestants mission’s rules of practice and proce­ Counties, Texas, to Natural Gas Pipeline dure (18 CFR 1.8, 1.10). All such peti­ Company of America (Natural) in 1 Transcontinental Gas Pipe Line Corpora­ tions or protests should be filed on or Docket No. G-11818 and to Transcpn- tion v. FPC, 488 F. 2d 1325 (D.C. Cir. 1973). before January 24, 1975. Protests will be

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3250 NOTICES considered by the Commission to deter­ members of the National Power Survey Dr. H. Guyford Stever, Chairman, National mine appropriate action to be taken, but Coordinating Committee renewed herein, Power Survey Technical Advisory Committee will not serve to make protestants parties as selected by the Chairman of the Com­ on Research and Development. to the proceeding. Copies of this filing are mission, with the approval of the Com­ Dr. Irwin Stelzer, Chairman, National Power Survey Technical Advisory Committee on file with the Commission and are mission, are designated in the appendix on the Impact of Inadequate Electric Power available for public inspection. hereto. Supply. ' 3. Selection of Future Committee K enneth F. P lumb, [FR Doc.75-1750 Filed l-17-75;8:45 am] Secretary. Members. All future National Power Sur­ vey Coordinating Committee members [PR Doc.75-1737 Piled 1-17-75;8:45 am ] and persons designated to act as com­ [Project 2455] mittee chairmen, coordinating repre­ NEW YORK STATE ELECTRIC & GAS CORP. NATIONAL POWER SURVEY sentatives, and secretary, shall be selected COORDINATING COMMITTEE and designated by the Chairman of the Application To Withdraw Application for Commission with the approval of the License Notice of Renewal Commission; provided, however, the January 13,1975. January 13,1975. Chairman of the Commission may select and designate additional persons to serve Public notice is hereby given that ap­ This order renews the term of the plication was filed on November 8, 1974, National Power Survey Coordinating in the capacity of alternate secretary. 4. The following paragraphs of the under the Federal Power Act (16 U.S.C. Committee, to a date not later than Commission order, dated June 29, 1972, 791a-825r) by New York State Electric December 31, 1975. The Coordinating 47 FPC 1740, 1742-3, as amended by & Gas Corporation, Applicant (corre­ Committee was established by Commis­ Commission order issued December 19, spondence to : L. T. Everett, Senior Vice sion order issued November 2, 1972, 37 1972, 48 FPC 1468, 1471-4, and by Com­ President, New York State Electric & FR 23868, for a period not to exceed mission order issued August 7, 1974, 52 Gas Corporation, P.O. Box 287, Ithaca, two years. FPC ----- , are hereby incorporated by New York 14850; and Frederic H. Law­ By Notice of Determination and Cer­ reference; rence, Esq., Huber Magill Lawrence and tification with Respect to Renewal of Farrell, Attorneys, 99 Park Avenue, New National Power Survey Advisory Com­ 3. Conduct of Meetings. 4. Minutes and Records. York, New York 10016), requesting ap­ mittees, published in the F eberal R eg­ 5. Secretary of the Committee. proval to withdraw the application filed ister on December 10,1974, 39 FR 43113, 6. Location and Time of Meetings. April I, 1964, for major license for ite the Chairman of this Commission has 7. Advice and Recommendations Offered constructed Colliers Hydroelectric Proj­ determined and certified that the re­ by the Committee. ect No. 2455. The Colliers project is lo­ newal of the aforesaid committee of the 5. The National Power Survey Co­cated on the North Branch of the Sus­ National Power Survey for the period set ordinating Committee renewed herein quehanna River, in the Towns of Milford forth herein is necessary in the public shall terminate not later than Decem­ and Middlefield, Otsego County, New interest in connection with the perform­ ber 31, 1975. Estimated operating cost York. ance of duties imposed upon the Com­ for the calendar year 1975 for subject Project No. 2455 consists of: a rein­ mission by law. The Office of Manage­ committee is $6,000. forced concrete dam, 200 feet long and ment and Budget, Advisory Committee 36 feet high; a 520-acre reservoir known Management, has ascertained that re­ The Secretary of the Commission shall as Goodyear Lake (250 acre-feet of us­ newal of the aforesaid advisory com­ file with the Chairman, Committee on able storage) with normal surface ele­ mittee of the National Power Survey is Commerce, United States Senate, Chair­ vation 1150 feet m.s.l.; an intake struc­ in accord with the requirements of the man, Interstate and Foreign Commerce ture, canal and forebay; a powerhouse Federal Advisory Committee Act, 86 Stat. Committee, House of Representatives, containing four generating units having 770,773-4. and Librarian, Library of Congress, a total installed capacity of 3,810 KW ; copies of this order. 1. Purpose. The National Power Sur­ and appurtenant facilities. vey Coordinating Committee shall per­ This order is effective January 1,1975, Operation of the plant was discon­ form a liaison function with respect to the and the Secretary of the Commission tinued in March 1969, and the generating National Power Survey as constituted by shall cause prompt publication of this facilities were removed in August 1970. the Federal Power Commission, together order to be made in the Federal Register. The plant, constructed in 1908, was re­ with all advisory committees, including By the Commission. tired for economic reasons. The project is no. longer useful to Applicant, nor any task forces thereto, which may be Secretary. established by the Commission from time would rehabilitation of the plant be eco­ [ seal] K enneth F. P lumb, to time. The Commission contemplates nomically feasible. The power plant has that the National Power Survey Coordi­ N ational P ower Survey Coordinating been replaced by centralized dispatching nating Committee, in performing this Committee Members in Applicant’s facilities at Binghamton, liaison function will assist in the imple­ Chairman. Shearon Harris, Chairman, Na­ New York. mentation of requests for data, informa­ tional Power Survey Executive Advisory In the absence of acquisition of the tion, studies or other materials requested Committee. project by the County of Otsego for rec­ or recommended by the National Power Coordinating Representatives. B. E. Big- reational purposes, Applicant proposes Survey and its constituent advisory com­ gerstaff, Bureau of Power, Bernard B. Chew, to obtain authorization from the New Bureau of Power, Alexander Gakner, Bureau York Department of Environmental mittees, including task forces thereto, as of Power, Dr. Richard P. Hill, Bureau of referred to above; will recommend work Power, Drexel D. Journey, Office of General Conservation to lower the level of Good­ schedule assignments and work schedule Counsel, William W. Lindsay, Bureau of year Lake and eventually to complete de­ priorities among such National Power Power. watering of the Lake. Survey advisory committees, including Secretary. Daniel G. Lewis, Director, N a­ Any person desiring to be heard or to task forces, as the Coordinating Commit­ tional Power Survey. make protest with reference to said ap­ tee considers appropriate to the imple­ Members. Gordon R. Corey, Chairman, N a­ plication should on or before Febru­ mentation of requests for data, informa­ tional Power Survey Technical Advisory, ary 21, 1975, file with the Federal Power Committee on Finance. tion, studies or other materials requested Commission, Washington, D.C. 20426, or recommended by the National Power M. F. Hebb, Chairman, National Power Sur­ vey Technical Advisory Committee on Power petitions to intervene or protests in ac­ Survey; and will assist in other ways as Supply. cordance with the requirements of the it may be called upon to act in perform­ Paul D. Martinka, Chairman, National Commission’s rules of practice and pro­ ing its liaison function as requested from Power Survey Technical Advisory Committee cedure (18 CFR 1.8 or 1.10). All protests time to time by the Commission or its on Fuels. filed with the Commission will be con­ staff. Dr. Bruce Netschert, Chairman, National sidered by it in determining the appro­ 2. Membership. The chairman, coordi­ Power Survey Technical Advisory Committee priate action to be taken but will not nating representative, secretary, and on Conservation of Energy. serve to make the protestants parties to

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3251 a proceeding. Persons wishing to be­ cant and Natural have entered into an [Docket No. E-8878] come parties to a proceeding or to par­ amended agreement providing for an POTOMAC EDISON CO. ticipate as a party in any hearing there­ additional point of exchange to be. lo­ in must file petitions to intervene in ac­ cated in Carson County. The instant Postponement of Hearing cordance with the Commission’s rules. amendment to the original application January 13,1975. The application is on file with the Com­ further states that Natural has interest On January 8,1975, The Potomac Edi­ mission and available for public inspec­ in the Lackey No. 2 and 3 Wells in Hans­ son Company filed a motion to postpone tion. ford County, which under the terms of the hearing date fixed by order issued K enneth F. P lumb, the amended agreement, have been es­ August 26, 1974, in the above-designated Secretary. tablished as additional exchange points matter. [FR Doc.75-1738 Filed 1-17-75;8:45 am] of delivery to Applicant. Upon consideration, notice is hereby Accordingly, Applicant requests au­ given that the hearing date in the above thority to construct and operate meas­ matter is postponed until March 12,1975, [Docket No. CP74-145] uring facilities and to establish an inter­ connection of its gathering facilities in at 10 a.m. (e.d.t.). NORTHERN NATURAL GAS CO. Carson County, to provide an additional K enneth F. P lum b, Amendment to Application exchange point with Natural, and to Secretary. operate on a permanent basis the exist­ January 10,1975. [FR Doc.75-1740 Filed l-17-75;8:45 am] ing 1,400 feet of 4-inch pipe previously Take notice that on December 20,1974, constructed for delivery of gas to Nat­ Northern Natural Gas Company (Appli­ ural in Wheeler County. Applicant esti­ [Rate Schedule Nos. 72 etc.] cant), 2223 Dodge Street, Omaha, Ne­ mates the cost of the facilities proposed braska 68102, filed in Docket No. CP74- in the original application and in the TENNECO OIL CO.f ET AL. 145 an amendment to its application filed Rate Change Filings in said docket pursuant to section 7(c) instant amendment to be $10,000. Appli­ of the Natural Gas Act by requesting cant further requests authority to ex­ January 13, 1975. authority to establish an interconnection change gas with Natural in Carson, Take notice that the producers listed of Applicant’s gathering system with that Hansford and Wheeler Counties as more in the Appendix attached hereto have of Natural Gas Pipeline Company of fully set forth in the instant amend­ filed proposed increased rates to the ap­ America (Natural) and to operate same ment to its application in the subject plicable area new gas or national ceiling for receipt of exchange gas from Natural based on the interpretation of vintaging docket. in Carson County, Texas, and to operate concepts set forth by the Commission in on a permanent basis certain existing Any person desiring to be heard or its Opinion No. 699-H, issued Decem­ facilities in Wheeler County, Texas, and to make any protest with reference to ber 4, 1974. to exchange gas with Natural in Carson, said amendment should on or before *rhe information relevant to each of Hansford and Wheeler Counties, Texas, January 28, 1975, file with the Federal these sales is listed in the Appendix. all as more fully set forth in the amend­ Any person desiring to be heard or ment, which is on file with the Commis­ Power Commission, Washington, DlC. 20426, a petition to intervene or a protest to make any protest with reference to sion and open to public inspection. said filing should on or before Jan­ Applicant states that in its original in accordance with the requirements of uary 31, 1975, file with the Federal application in the subject docket it re­ the Commission’s rules of practice and Power Commission, Washington, D.C. quests authority to construct and oper­ procedure (-18 CFR 1.8 or 1.10). All pro­ 20426, a petition to intervene or a pro­ ate certain facilities to exchange gas with tests filed with the Commission will be test in accordance with the requirements Natural. Northern, according to the orig­ of the Commission’s rules of practice and inal application, has available, pursuant considered by it in determining the ap­ propriate action to be taken but will not procedure (18 CFR 1.8 or 1.10). All pro­ to its rights under an agreement with tests filed with the Commission will be Kerr-McGee Corporation, gas produced serve to make the protestants parties to considered by it in determining the ap­ from the Dobbs No. 1 Well located close the proceeding. Any person wishing to propriate action to be taken but will not to Natural’s existing f acilities in Wheeler become a party to a proceeding or to par­ serve to make the protestants parties to County and Natural has gas available the proceeding. Any party wishing to be­ from the Lackey No. 1 Well in Hansford ticipate as a party in any hearing therein must fife a petition to intervene in ac­ come a party to a proceeding or to par­ County, which well is connected to Ap­ ticipate as a party in any hearing there­ plicant’s gathering system. The original cordance with the Commission’s rules. in must file a petition to intervene in ac­ application, therefore, requests authori­ K enneth F. P lumb, cordance with the Commission’s rules. zation for an exchange of up to 2,000 Secretary. Mcf of gas per day between the two com­ K enneth F. P lumb, panies. In order to implement said ex­ [FR Doc.75-1739 Filed 1-17-75; 8:45 am] Secretary.

change Applicant requested authoriza­ A p p e n d i x tion to construct and operate 1,400 feet of 4-inch pipe and appurtenances in Rate Wheeler County. In the instant amend­ Filing date Producer schedule Buyer Area ment Applicant states that it constructed No. these facilities and commenced the ex­ change on March 15, 1974, pursuant to 12-23-74...... Tenneco Oil Co., P.O. Box 2511, 72 Texas Eastern Transmission Other southwest area. Houston, Tex. 77001. Corp. § 157.22 of the Commission’s regulations 12-23-74...... Sun Oil Co., P.O . Box 2880, Dallas, 278 Phillips Petroleum Co_____ Hugoton-Anadarko. under the Natural Gas Act (18 CFR Tex. 75221. 12-24-74...... Burmah O il and Gas Co., Golden 24 Lone Star Gas Co...... Other southwest area. 157.22). Center 1, 2800 North Loop West, In the instant amendment Applicant P.O. Box 94193, Houston, Tex. relates that Natural has encountered de­ 77018. lay in executing the necessary gas pur­ [FR Doc.75-1742 Filed l-17-75;8:45 amj chase contract for the natural gas vol­ umes produced from the Lackey No. 1 [Docket No. RP74-25] Well, and that in order to provide for a tion (Texas Gas) tendered for filing the following revised tariff sheets to its FPC concurrent exchange of gas upon the is­ TEXAS GAS TRANSMISSION CORP. Gas Tariffs, Third Revised Volume No. 1 suance of certificate authority in the in­ Rate Change and Original Volume No. 2 : stant docket and to make available to Third Revised Volume No. 1 and Applicant’s system at a suitable date January 13, 1975. Effective date supplies of natural gas from dedicated Take notice that on December 26, Fourth Substitute Eighth Revised Sheet No. gas reserves in Wheeler County, Appli­ 1974, Texas Gas Transmission Corpora- 1, April 1,1974.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3252 NOTICES

Third Substitute Ninth Revised Sheet No. 7, December 16, 1974, as amended Decem­ [Docket No. RP74-52] May 1« 1974. ber 23,1974. TRANSWESTERN PIPELINE CO. Fourth Substitute Ninth Revised Sheet No. Any person desiring to be heard or to 7, August 1,1974. Further Extension of Procedural Dates Second Substitute Tenth Revised Sheet No. protest said filing should file a petition to 7, August 2,1974. intervene or protest with the Federal January 13, 1975. Power Commission, 825 North Capitol First Revised Sheet No. 29, February 1, 1975. On January 6, 1975, Transwestem First Revised Sheet No. 30, February 1, 1975. Street, N.E., Washington, D.C. 20426, in Pipeline Company filed a motion to ex­ First Revised Sheet No. 31, February 1, 1975. accordance with §§ 1.8 and 1.10 of the First Revised Sheet No. 32, February 1, 1975. tend the procedural dates fixed by order Commission’s rules of practice and pro­ issued November 18, 1974, as most re­ Second Revised Sheet No. 102, February 1, cedure (18 CFR 1.8, 1.10). All such peti­ cently modified by notice issued Decem­ 1975. tions or protests should be filed on or Original Volume No. 2 ber 10, 1974, in the above-designated before January 24, 1975. Protests will be matter. The motion states that the par­ Third Substitute Sixth Revised Sheet No. considered by the Commission in deter­ 333, April 1,1974. ties have been notified and have no ob­ mining the appropriate action to be jection. Third Substitute Sixth Revised Sheet No. taken, but will not serve to make Pro­ 363, April 1,1974. Upon consideration, notice is hereby testants parties to the proceeding. Any Fourth Substitute Sixth Revised Sheet No. given that the procedural dates in the 363, February 1, 1975. person wishing to become a party must above matter are modified as follows: file a petition to intervene. Copies of this Texas Gas states that the revised tariff filing are on file with the Commission Service of Company Rebuttal, February 14, sheets are being filed pursuant to a and are available for public inspection. 1975. Hearing, March 4, 1975 (10 a.m. e.d.t.). Commission order issued December 20, K enneth F. P lum b, K enneth F. P lumb, 1974, in Docket No. RP74-25 which ap­ Secretary. proved a Stipulation and Agreement sub­ Secretary. mitted by Texas Gas in Docket No. [FR Doc.75-1744 Filed 1-17-75;8:45 am] [FR Doc.75-1746 Filed l-17-75;8:45 am] RP74-25. Texas Gas states that the tariff sheets are to become effective on the [Docket Nos. CP75-196, CP75-197] dates listed on the respective tariff [Docket No. RP72-156, PGA75-2A] sheets. TEXAS GAS TRANSMISSION CORP. UNITED GAS PIPE LINE CO. Any person desiring to be heard or to PGA Rate Increase Notice of Applications protest said filing should file a petition to intervene or protest with the Federal January 13, 1975. January 13, 1975. Power Commission, 825 North Capitol Take notice that on December 23,1974, Take notice that on December 31, Street, NR, Washington, D.C., 20426, in Texas Gas Transmission Corporation 1974, United Gas Pipe Line Company accordance with §§ 1.8, and 1.10 of the (Texas Gas) tendered for filing Fourth (Applicant), 1500 Southwest Tower, Commission’s rules of practice and pro­ Substitute Tenth Revised Sheet No. 7 to Houston, Texas 77002, filed in Docket cedure (18 CFR 1.8, 1.10). All such peti­ its FPC Gas Tariff, Third Revised Nos. CP75-196 and CP75-197 applica­ tions or protests should be filed on or Volume No. 1. tions pursuant to section 7(c) of the before January 27, 1975. Protests will be Natural Gas Act for permission and ap­ Texas Gas states that on December 16, proval to abandon deliveries of natural considered by the Commission in de­ 1974, it filed a PGA rate increase (Docket gas in interstate commerce on January termining the appropriate action to be No. RP72-156, PGA75-2) to become ef­ taken, but will not serve to make pro­ 1, 1975, to Atlas Processing Company fective February 1, 1974, and that the (Atlas) at Shreveport, Caddo Parish, testants parties to the proceeding. Any December 16, 1974, filing reflected pur­ person wishing to become a party must Louisiana, and to Olinkraft, Inc. (Olin- chased gas costs increases by United Gas kraft) at West Monroe, Ouachita Parish, file a petition to intervene. Copies of Pipeline Company (United) and Texas this filing are on file with the Commis­ Louisiana, respectively, and facilities re­ Eastern Transmission Corporation lated to such deliveries, all as more fully sion and are available for public inspec­ (TE TC O ). Texas Gas states that subse­ tion., set forth in the applications which are on quent to its December 16, 1974, filing file with the Commission and open to K e n n e t h F. P l u m b , United and TETCO revised their PGA Secretary. public inspection. filings to reflect estimated purchased Applicant states that deliveries of nat­ [FR Doc.75-1743 Filed l-17-75;8:45 am] gas costs pursuant to Opinion No. 699- ural gas are currently being made to G. Texas Gas states that its Decem­ Atlas at its refinery plant and Olinkraft ber 23, 1974, filing is necessary to re­ [Docket No. RP74-25] ' at its paper mill pursuant to contracts flect the additional increases to be in­ TEXAS GAS TRANSMISSION CORP. dated November 17, 1969, and November curred from United and TETCO. Texas 30, 1962, respectively, both of which ex­ Notice of Rate Change Gas proposes an effective date of Febru­ pire by their terihs on January 1, 1975. ary 1,1974: January 13, 1975. Applicant states that extension of the Any person desiring to be heard or to contract with Atlas is at Applicant’s Take notice that on December 26,1974, protest said filing should file a petition to option and that extension of the con­ Texas Gas Transmission Corporation intervene or protest with the Federal tract with Olinkraft was at Olinkraft’s (Texas Gas) tendered for filing Fifth Power Commission, 825 North Capitol option prior to January 2, 1974,. which Substitute Tenth Revised Sheet No. 7. Street, N.E., Washington, D.C. 20426, in option Olinkraft did not exercise. Ap­ The proposed effective date is Febru­ accordance with §§ 1.8 and 1.10 of the plicant has advised Atlas and Olinkraft ary 1,1974. Commission’s rules of practice and pro­ that Applicant would not extend their Texas Gas states that pursuant to a cedure (18 CFR 1.8, 1.10). All such peti­ respective contracts beyond January 1, Commission order issued December 20, tions or protests should be filed on or 1975. Accordingly, Applicant herein seeks 1974, in Docket No. RP74-25, it would before January 27, 1975. Protests will be permission and approval to abandon the normally be filing Settlement rates as considered by the Commission in deter­ deliveries to Atlas and Olinkraft and approved by the Commission to become mining the appropriate action to be related facilities authorized by Commis­ effective February 1, 1974. However, taken, but will not serve to make Pro­ sion orders issued January 27, 1959 (21 Texas Gas states that on December 16, testants parties to the proceeding. Any FPC 64), April 28, 1972 in Docket No. 1974, as amended December 23, 1974, person wishing to become a party must G-232, and May 24, 1965 (33 FPC 1058) Texas Gas filed its semi-annual PGA in­ file a petition to intervene. Copies of this and the order accompanying Commis­ crease in Docket No. RP72-156, to be­ filing are on file with the Commission sion Opinion No. 372 issued December 17, come effective February 1, 1974. There­ and are available for public inspection. fore, Texas Gas states that its instant 1962 (28 FPC 1035). filing reflects the reductions contem­ K enneth F. P lumb, Applicant states that the predominate plated by the Settlement, adjusted up­ Secretary. use of the gas in question is as boiler fueL ward to reflect the PGA increase filed on [FR Doc.75-1745 Filed l-17-75;8:45 am] It is stated that alternate fuels could

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3253

effectively supplant 91 percent of Atlas’ the Commission will be considered by turn of surplus energy by the receiving and 90 percent of Olinkraft’s respective it in determining the appropriate action party, when the supplying party’s cost gas receipts from Applicant.1 Applicant to be taken but will not serve to make therefor is greater than the receiving states that because it has begun curtail­ the protestants parties to the proceeding. party’s avoided cost, to provide for either ments on its system and in view of the Any person wishing to become a party to (1) the return of 120 percent of the Commission’s position that boiler fuel a proceeding or to participate as a party energy received, or (2) payment of 115 use is relegated to the lowest priority,* in any hearing therein must file a peti­ percent of the supplier’s costs of furnish­ it is Applicant’s policy that contracts tion to intervene in accordance with the ing such energy. The return option is to with major industrial customers for gas Commission’s rules. be determined by mutual agreement, and used as boiler fuel will not be extended Take further notice that, pursuant to Amendment No. 1 is to be effective as of beyond the period of Applicant’s con­ the authority contained in and subject January 1, 1974. tractual obligation. to the jurisdiction conferred upon the Service Schedule C -l, dated October Applicant states that it recognizes that Federal Power Commission by sections 16, 1974, provides for Applicant’s trans­ Atlas and Olinkraft must bear the cost 7 and 15 of the Natural Gas Act and the fer of up to 100 mw capacity and 35 mw of conversion to alternate fuel and the Commission’s rules of practice and pro­ average energy received from Salt River difference in cost between natural gas cedure, hearings will be held without to the Hot Springs point of delivery dur­ and the higher priced alternate fuels. further notice before the Commission on ing the months from November 1974 Applicant points out that Atlas and Olin­ these applications if no petitions to inter­ through February 1975, for further kraft would incur such costs in the in­ vene are filed within the time required transmission to Puget Sound Power & creasingly likely event that Applicant is herein, if the Commission on its own Light Company. During the months of forced to curtail completely deliveries to review of the matter finds that permis­ June, July, August, and September 1977, them. Applicant asserts its belief that sion and approval for the proposed aban­ Applicant will deliver to Salt River 137 since Applicant commenced curtailments donments are required by the public con­ mw of capacity plus 35 mw of average on its system in 1970 Atlas and Olinkraft venience and necessity. If petitions for energy, for which Salt River will supply have been on notice that their contracts leave to intervene are timely filed, or if Applicant 50 mw of capacity during the for gas as boiler fuel would not be ex­ the Commission on its own motion be­ months of December 1975, January 1976, tended, and that they have had adequate lieves that formal hearings are required, December 1976, and January 1977. Salt time for conversion to alternate fuels. further notice of such hearings will be River will also provide Applicant an ad­ Finally, Applicant maintains that the duly given. ditional 50 mw of capacity as compensa­ economic impact of the proposed aban­ Under the procedure herein provided tion, subject to Salt River’s having gen­ donment of service to Atlas and Olin­ for, unless otherwise advised, it will be erating resources in operation or avail­ kraft will not preclude their continued unnecessary for Applicant to appear or able for operation to supply such capacity operations. be represented at the hearings. and such deliveries having priorities over Applicant also requests permission and non-firm sales to others, during the K e n n e t h F. P l u m b , months of December 1975, January 1976, approval to abandon, remove and salvage Secretary. a sales meter, regulator station and 1,240 December 1977, and January 1978. All feet of 8-inch pipeline in Caddo Parish [PR Doc.75-1747 Filed l-17-75;8:45 am] energy related thereto will be returned and a sales meter, regulator station and by Applicant to Salt River. 297 feet of 8-inch, 10-inch and 12-inch [Docket No. E-9189] Any person desiring to be heard or to make any protest with reference to said pipeline in Ouachita Parish. Applicant UTAH POWER & LIGHT CO. states that all of the facilities proposed application should on or before January to be abandoned have been operated Notice of Application 31, 1975, file with the Federal Power Commission, Washington, D.C. 20426, exclusively to serve Atlas or Olinkraft. J a n u a r y 13, 1975. Applicant explains that because the petitions to intervene or protests in ac­ gas presently committed to Atlas and Take notice that on December 23,1974, cordance with the requirements of the Olinkraft will remain in Applicant’s sys­ Utah Power & Light Company (Appli­ Commission’s rules of practice and pro­ tem, the proposed abandonment of sales cant) tendered for filing pursuant to cedure (18 CFR 1.8 or 1.10). All protests will not result in a loss of gas to inter­ section 205 of the Federal Power Act and filed with the Commission will be con­ state commerce. Applicant claims that Part 35 of the Regulations issued there­ sidered by it in determining the appro­ the proposed abandonment of services under, a December 3, 1973 Interconnec­ priate action to be taken but will not and facilities will in no way impair serv­ tion Agreement and Service Schedules serve to make the protestants parties to ice to any of its other existing customers. A -l (Emergency Assistance) and B~1 the proceeding. Persons wishing to be­ (Surplus Energy Sales) thereto, with come parties to a proceeding or to par­ Any person desiring to be heard or to Salt River Project Agricultural Improve­ ticipate as a party in any hearing there­ make any protest with reference to said ment and Power District (Salt River). in must file petitions to intervene in ac­ applications should on or before Febru­ Applicant also tenders Amendment No. 1 cordance with the Commission’s rules. ary 4, 1975, file with the Federal Power to Service Schedule B -l dated Febru­ The application is on file with the Com­ Commission, Washington, D.C. 20426, a ary 13, 1974, and Service Schedule C -l mission and is available for public in­ petition to intervene or a protest in ac­ (Transfer of Power and Energy) dated spection. cordance with the requirements of the October 16,1974. Commission’s rules of practice and pro­ K e n n e t h F. P l u m b , The Interconnection Agreement, which Secretary. cedure (18 CFR 1.8 or 1.10) and the became effective as of the December 3, [FR Doc.75-1748 Filed 1-17-75;8:45 am] regulations under the Natural Gas Act 1973 date of execution and will remain (18 CFR 157.10). All protests filed with in' effect for an initial twenty-year pe­ riod, to be thereafter terminated by 1 The applications state that according to either party upon three year’s written [Docket No. CI72-440, et al.] Atlas’ and Olinkraft’s responses to curtail­ notice, establishes terms and conditions CERTIFICATES OF PUBLIC ment end-use data questionnaires in Docket CONVENIENCE AND NECESSITY Nos. RP71—29 and RP71—120, 9 percent of for the exchange of generating capacity, Atlas’ basic requirements from Applicant are and specifies Glen Canyon and the 345 Applications, Abandonment of Service and used in process applications and 91 percent kv Switchyard of the Four Comers Proj­ Petitions To Amend 1 are used as boiler fuel or in other industrial ect as points of interconnection. For the applications which can also be converted to twelve-month period from December, Ja n u a r y 10,1975. use alternate fuels and 90 percent of Olin­ 1973, Salt River has received 439,772 Take notice that each of the applicants kraft’s basic requirements from Applicant are mwh for $5,417,806.73 in revenue, while listed herein has filed an application or used as boiler fuel. ' Applicant has received 75 mwh for petition pursuant to section 7 of the 2 Applicant points to Commission Opinion Nos. 647 (49 FPC 179) and 647-A (49 FPC $1,673.25 in November, 1974. 1211) and Commission Order to Show Cause Amendment No. 1 to Service Schedule 1 This notice does not provide for consoli­ issued January 17, 1973, in Docket No. CP73- B-l,'executed by the parties on Febru­ dation for hearing of the several matters 189. ary 13, 1974, amends the terms for re- covered herein.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3254 NOTICES

Natural Gas Act for authorization to sell to the jurisdiction conferred upon the natural gas in interstate commerce or to Federal Power Commission by sections 7 abandon service as described herein, all and 15 of the Natural Gas Act and the as more fully described in the respective Commission’s rules of practice and pro­ applications and amendments which are cedure a hearing will be held without on file with the Commission and open further notice before the Commission on to public inspection. all applications in-which no petition to Any person desiring to be heard or to intervene is filed within the time re­ make any protest with reference to said quired herein if the Commission on its applications should on or before January 23, 1975, file with the Federal Power own review of the matter believes that Commission, Washington, D.C. 20426, pe­ a grant of the certificates or the authori­ titions to intervene or protests in accord­ zation for the proposed abandonment is ance with the requirements of the Com­ required by the public convenience and mission’s rules of practice and procedure necessity. Where a petition for leave to (18 CFR 1.8 or l.lOi). All protests filed intervene is timely filed, or where the with the Commission will be considered by it in determining the appropriate ac­ Commission on its own motion believes tion to be taken but will not serve to that a formal hearing is required, further make the protestants parties to the pro­ notice of such hearing will be duly given. ceeding. Persons wishing to become par­ Under the procedure herein provided ties to a proceeding or to participate as for,, unless otherwise advised, it will be a party in any hearing therein must file unnecessary for applicants to appear or petitions to intervene in accordance with the Commission’s rules. be represented at the hearing. Take further notice that, pursuant to K e n n e t h F. P l u m b , the authority contained in and subject Secretary.

Docket No. Pres- and Applicant Purchaser and location Price per Mcf sure date filed base

CI72-440_____ Amoco Production Co., Security Panhandle Eastern Pipe Line Co., 12 50.10 14.73 C 12-4-74 Life Bldg., Denver, Col. 80202. Wattenberg and other Fields, Adams, - Arapahoe, Douglas, El- . bert, and Weld Counties, Colo­ rado, and Laramie County, Wyo. C 174-528...... Exxon Corp., P.O. Box 2180, El Paso Natural Gas Co., Sand 3 * 60.09 14.65 C 12-li-74 Houston, Tex. 77001. Hills Field, Crane County, Tex. CI75-276.-____ McCulloch Oil Corp., 10880 Transcontinental Gas Pipe Line « • 50.0 14.73 A 10-29-75« Wilshire Blvd., Suit 1500, Los Corp. North Lake des Allemands Angeles, Calif. 90024. Field, St. John the Baptist Parish, La. C175-365----..- Spartan Gas Co., 518 Kanawha Columbia Gas Transmission Corp. Acreage sold to B 12-3^74 Valley Bldg., Charleston. W. Rocky Fork, Poca District, gas purchaser. Va. 25301. Kanawha County, W. Va. C175-371_____ William H. Putnam/Anchorage Columbia Gas Transmission Corp. Uneconomical.. (G-6882) Oil Co., P.O. Box 647 Marietta, C. E. Humphrey Field, Meigs B 12-6-747 Ohio 45750. County, Ohio. CI75-372_____ William H. Putnam/Anchorage Columbia Gas Transmission Corp. Uneconomical. (G-6882) Oil Co. J. B. Torrence Field, Meigs B 12-6-74 7 County, Ohio. CI75-373--______do...... Columbia Gas Transmission Corp. Uneconomical. (G-6882) Mays-Torrence Field, Meigs B 12-6-74 7 County, Ohio. CI75-374..-...... -.do...... ______...... Columbia Gas Transmission Corp. Uneconomical. (G-6882) Webster Reed Field, Meigs B 12-6-747 ' County, Ohio. C175-375 ...... William H. Putnam/Anehorage Columbia Gas Transmission Corp., Uneconomical (G-6882) Oil Co., P.O. Box 647, Marietta, Delilah Mays Field, Meigs B 12-6-747 - Ohio 45750. ' County, Ohio. CI75-376_____ William H. Putnam/Anehorage Columbia Gas Transmission Corp., Uneconomical (G-6882) Oil Co. Warren Pickens Field, Meigs B 12-6-74 7 County, Ohio. CI75-377. . -do...... -_____ Columbia Gas Transmission Corp., Uneconomical______- (G-6882) Chloe Mills Field, Meigs County, B 12-6-74 7 Ohio. C175-378 Union Oil Co. of California, P.O. El Paso Natural Gas Co., Mayfield » 54.89218 14.73 A l2-li-74 Box 7600, Los Angeles, Calif. Prospect Area, Beckham County, 90051. ’ Okla. C175-379___ ..Texas International Petroleum United Gas Pipe Line Co., Acreage Depleted...... — ...... - (G-18287) Corp., P.O . Box 4520, Shreve- in Terrebonne Parish, La. B 12-11-74 port, La. 71104 CI75-380 Exxon Corp., P.O . Box 2180, Columbia Gas Transmission Corp., 4 « 62.0 15.025 A 12-16-74 Houston, Tex. 77001 Pecan Island Field, Vermilion Parish, La.

1 Includes 4.860 per Mcf upward Btu adjustment and 2.240 per Mcf tax reimbursement. 2 Applicant states that the price is to be increased to equal any higher price prescribed by the Federal Power Com­ mission as applicable to gas being sold hereunder. ^ , , ,, * Includes 1.490 per Mcf for substantial gathering and is subject to upward and downward Btu adjustment; esti­ mated upward adjustment is 4.840 per Mcf. ^ * Applicant is willing to accept a certificate in accordance with Opinion No. 699. * Being renoticed, because by amendment to application filed 12-16-74, Applicant requests a higher price. * Subject to a 0.50/Mcf gathering charge. 7 The application notes that the purchaser has not indicated concurrence in the abandonment. » Subject to upward and downward Btu adjustment. . . _ . * Subject to upward and downward Btu adjustment; estimated upward adjustment is 0.280 per Mcf. Filing code: A—Initial service. B—Abandonment. C—Amendment to add acreage. D —Amendment to delete acreage. E—Succession. F—Partial succession. [FR Doc.75-1593 Filed l-17-75;8:45 am]

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3255

[Docket No. CI75-202, etc.] Docket No. Pres­ CERTIFICATES OF PUBLIC and Applicant Purchaser and location Price per Mcf sure CONVENIENCE AND NECESSITY date filed base

Applications, Abandonment of Service and CI75-2Q2-...... Sun CM1 Co., P.O . Box 2880, El Paso Natural Gas Co., J. B. >58.2205 14.65 Petitions To Amend1 C 12-18-74 ' Dallas, Tex. 75221. Tubb *‘ C” No. 11 well, Sand Hills Field, Crane County, Tex. J a n u a r y 10, 1975. CI75-202-.___ . Sun O il Co...... El Paso Natural Gas Co., J. B. >58.2205 14.65 C 12-15-74 Tubb "B ” No. 11 well, Sand Take notice that each of the applicants Hills Field, Crane County, Tex. listed herein has filed an application or CI75-382...... Sun Calvert Co. (socc. to Calvert Michigan Wisconsin Pipe Line Co., >24.5 14.65 (CS71-61) Exploration Co.), P.O. Box Laverne Field, Harper County, petition pursuant to section 7 of the F 12-13-74 2880, Dallas, Tex. 75221. Okla. Natural Gas Act for authorization to sell CI75-384...... American Petrofina Co. of Texas, El Paso Natural Gas Co., Acreage *53.75 14.65 A 12-13-74 P.O. Box 2159, Dallas, Tex. in Crane County, Tex. natural gas in interstate commerce or 75221. to abandon service as described herein, CI75-385_____ . Texaco Inc., P.O. Box 60252, New Michigan Wisconsin Pipe Line Co., >26.9875 15.025 all as more fully described in the respec­ A 12-13-74 Orleans, La. 70160. • Bayou Hebert Field, Vermilion tive applications and amendments which Parish, La. CI75-386_____ . Shell Oil Co., P.O. Box 2099, Natural Gas Pipeline Co. of *54.0 15.025 are on file with the Commission and open A 12-16-74 Houston, Tex. 77001. America, Vermilion Block 321 to public inspection. Field, onshore Louisiana. CI75-387-...... Lone Star Producing Co., 301 Natural Gas Pipeline Co. of <52.48 14.73 Any person desiring to be heard or A 12-23-74 South Harwood St., Dallas, America, acreagein Ward County, >55.11 14.73 to make any protest with reference to Tex. 75201. Tex. •52.42 14.73 •55.06 14.73 said applications should on or before “ 63.88 14.73 January 31, 1975, file with the Federal CI75-389_____ . Michael L. Klein, d/b/a M KA Oil Northern Natural Gas Co., Eumont 23.6204 15.025 (G-5318), Properties (succ. to Skelly Oil. Gas Field, Lea County, N . Mex. Power Commission, Washington, D.C. F 12-16-74 Co.), 304 Midland National 20426, petitions to intervene or protests Bank Bldg., Midland, Tex. in accordance with the requirements of 79701. C175-390...... Kewanee Oil Co., P.O. Box 2239, Consolidated Gas Supply Corp., Depleted the Commission’s rules of practice and (G-7985), Tulsa, Okla. 74101. Elk District, Barbour County, procedure (18 CFR 1.8 or 1.10). All pro­ B 12-18-74 W. Va. CI75-394_____ . Mobil Oil Corp., Three Greenway Transwestem Pipeline Co., Atoka » 55.6031 14.65 tests filed with the Commission will be A 12-26-74 Plaza East, Suite 800, Houston, (Morrow) and S. Carlsbad (Atoka/ considered by it in determining the ap­ Tex. 77046. Morrow) Fields, Eddy County, propriate action to be taken but will not N . Mex. CI75-395...... Transcontinental Production Co., Transcontinental Gas Pipe Line “ 60.211740 14.65 serve to make the protestants parties to A 12-26-74 P.O. Box 1396, Houston, Tex. Corp., South Ewing Field, San the proceeding. Persons wishing to be­ 77001. Patricio County, Tex. C175-396_____ . Sun Calvert Co., P.O. Box 2880, Michigan Wisconsin Pipe Line Co., Well plugged come parties to a proceeding or to par­ (CS71-51), Dallas, Tex. 75221. Woodward Area, Major County, and aban­ ticipate as a party in any hearing therein B 12-13-74 Okla. doned. CI75-397...... Cities Service Oil Co., P.O. Box Natural Gas Pipeline Co. of America, Uneconomical must file petitions to intervene in accord­ (CI65-274) 300, Tulsa, Okla. 74102. Camriek Unit (Upper Morrow ance with the Commission’s rules. B 12-16-74 Zone), Texas and Beaver Coun­ ties, Okla. Take further notice that, pursuant to C175-398_____ . Texaco Inc., P.O. Box 2100, Den- Colorado Interstate Gas Co., a Contract expira- the authority contained in and subject to (G-8087), ver, Colo. 80201. Division of Colorado Interstate tkm with no B 12-20-74 Corp., Greenwood Field, Baca prior gas sales. the jurisdiction conferred upon the Fed­ County, Colo. eral Power Commission by sections 7 and CI75-399...... Amoco Production Co., P.O. Box Warren Petroleum Corp., Eumont (“ ) - 15 of the Natural Gas Act and the Com­ B 12-26-74 3092, Houston, Tex. 77001. and other Fields, Lea County, N . Mex. mission’s rules of practice and procedure CI75-400-_____ Tideway Oil Programs, Inc., P.O . Northern Natural Gas Co., Hugoton » 43.0 14.65 a hearing will be held without further A 12-26-74 Box 92, Jackson, Miss. 39205. Field, Stanton County, Kans. notice before the Commission on all ap­ plications in which no petition to inter­ I Includes 4.0320ji per Mcf tax reimbursement; 1.50(4 per Mcf gathering allowance and 2.96(4 per Mcf upward Btu adjustment. • vene is filed within the time required * Subject to upward Btu adjustment. herein if the Commission on its own re­ 8 Plus upward Btu adjustment. view of the matter believes that a grant * Subject to downward Btu adjustment and subject to a deduction for compression by buyer. * Includes 3.5(4 per Mcf upward Btu adjustment. of the certificates or the authorization * Rate for gas from the University 9-18 No. 1-U Well; including estimated downward Btu adjustment of 2.36(4 per • for the proposed abandonment is re­ Mcf. > Rate for gas from the University 9-18 No. 1-L Well; including estimated upward Btu adjustment of 0.27(4 per quired by the public convenience and Mcf. necessity. Where a petition for leave to 8 Rate for gas from the University 10-18 N o. 1-U Well; including estimated downward Btu adjustment of 2.42(4 per Mcf. intervene is timely filed, or where the * Rate for gas from the University 10-18 No. 1-L Well; including estimated upward Btu adjustment of 0.22(4 per Commission on its own motion believes Mcf. that a formal hearing is required, further “ Rate for gas from the University 10-18 No. 2 Well; including estimated upward Btu adjustment of 9.04(4 per Mcf. II Includes 4.8801(4 per Mcf tax adjustment and is subject to upward and downward Btu adjustment; estimated notice of such hearing will be duly given. upward adjustment is 3:7254(4 per Mcf. Under the procedure herein provided 18 Includes 6.451258(4 per Mcf upward Btu adjustment.' “ Applicant states that The Oil Conservation Commission of New Mexico reclassified the Southland Royalty for, unless otherwise advised, it will be “ A ” No. 5 oil well to a Blinebry gas well, therefore, the well is no longer subject to the terms of the pereentage-of- unnecessary for applicants to appear or proceeds contract under which sales are made. be represented at the hearing. M Subject to upward and downward Btu adjustment; Filing code: A—Initial service. K e n n e t h F. P l u m b , B—Abandonment. Secretary. C—Amendment to add acreage: D—Amendment to delete acreage; E—Succession. 1 This notice does not provide for consolida­ F—Partial succession. tion for hearing of the several matters cov­ [FR Doc.75-1606 Filed 1-17-75; 8:45 am ] ered herein. x *

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3256 NOTICES

[Docket No. CS75-240, etc.] Docket Date Applicant NATIONAL ENDOWMENT FOR "SMALL PRODUCER” CERTIFICATES1 No. filed THE HUMANITIES Notice of Applications CS75-240__ 11-25-74 Thomas A. Hollow, P.O. Box ADVISORY COMMITTEE; EDUCATION Ja n u a r y 10,1975. 51781, Lafayette, La. 70501. PANEL ÇS75-241... 11-25-74 George E. Coleman, 708 Take notice that each , of the appli­ South Tucker, Farmington, Notice of Meeting cants listed herein has filed an applica­ N . Mex. 87401. CS75-242... 11-25-74 Fortune Drilling Corp., Petro­ J a n u a r y 15, 1975. tion pursuant to section 7(c) of the leum Bldg., San Angelo, Tex. Natural Gas Act and § 157.40 of the 76901. Pursuant to the provisions of the Fed­ CS75-243... 11-29-74 Keba O il & Gas Co., 2460 eral Advisory Committee Act (Pub. L. regulations thereunder for a “small West 26th A ve., Suite 30C, producer” certificate of public conven­ Denver, Colo. 80211. 92-463) notice is hereby given that a ience and necessity authorizing the sale CS75-244... 12- 2-74 Wishbone O il and Gas, Inc.,' meeting of the Education Panel will meet P.O. Box 94670, Oklahoma at Washington, D.C., on February 6, for resale and delivery of natural gas C ity, Okla. 73105. in interstate commerce, all as more fully CS75-245__ 12- 4-74 Colt Oil Inc., 1776 Lincoln St., 1975. Suite 504, Denver, Colo. set forth in the applications which are 80203. The purpose of the meeting is to review on file with the Commission and open to CS75-246... 12- 4-74 J. J. Harrington Sons, 1316 Humanities Institutes applications sub­ Coble Dr., Borger, Tex. mitted to tile National Endowment for public inspection. 79007. Any person desiring to be heard or to CS75-247... 12- 4-74 Erlich Foods International, the Humanities for grants to educational 9229 Sunset Blvd., ¡W18, institutions and nonprofit organizations. make any protest with reference to said Los Angeles, Calif. 90069. applications should on or before Febru­ CS75-248__ 12- 6-74 Victor E. Ratliff, P.O. Box Because the proposed meeting will con­ 1186, Edmond, Okla. 73034. sider financial information and person­ ary 5, 1975, file with the Federal Power CS75-249... 12- 9-74 J. G. Stone, P.O . Box 178, Commission, Washington, D.C. 20426, Lolita, Tex. 77971. nel and similar files the disclosure of petitions to intervene or protests in ac­ CS75-250... 12- 9-74 George G. Anderman, 506 which would constitute a clearly unwar­ Denver Center Bldg., 1776 ranted invasion of personal privacy, pur­ cordance with the requirements of the Lincoln St., Denver, Colo. Commission’s rule of practice and pro­ 80203. suant to authority granted me by the €875-251... 12- 9-74 George W. Arrington, P.O . Box Chairman’s Delegation of Authority to cedure (18 CFR 1.8 or 1.10) . All protests 608, Canadian, Tex. 79014. filed with the Commission win be con­ CS75-252... 12- 9^4 Marvin Wolf, d/b/a Wolf Energy Close Advisory Committee, Meetings, Co., 4155 East. Jewell Ave., dated August 13,1973,1 have determined sidered by it in determining the ap­ Suite 814, Denver, Colo. 80222. that the meeting would fall within ex­ propriate action to be taken but will not CS75-253... 12-11-74 Harvey J. Wier, Sr. Estate, 50 emptions (4) and (6) of 5 U.S.C. 552(b) serve to make the protestants parties Rockefeller Plaza, New and that it is essential to close the meet­ York, N .Y . 10020. to the proceeding. Persons wishing to be­ CS75-254... -12-11-74 Joseph R . Wier. ing to protect the free exchange of in­ come parties to a proceeding or to par­ CS75-255... 12-12-74 James B. Franklin, 309 Bank ternal views and to avoid interference of the Southwest Bldg., with operation of the Committee. ticipate as a party in any hearing therein Amarillo, Tex. 79109. CS7^-256... 12-12-74 General Exploration Co., It is suggested that those desiring more must file petitions to intervene in ac­ (Texas), 50 Rockefeller Plaza, Suite 911, New York, N .Y; specific information contact the Advisory cordance with the Commission’s rules. 10020. Committee Management Officer, Mr. Take further notice that, pursuant to CS75-257... 12-12-74 Camilo Mines, Ltd., Suite John W. Jordan, 806 15th Street NW., 1806, P.O . Box 306, Commer­ the authority contained in and subject cial Union Tower, Toronto, Washington, D.C. 20506, or call area code Ontario, Canada M5K 1E2. 202-382-2031. to the jurisdiction conferred upon the CS75-258__ ■ 12-12-74 Donald J. Zadeck, P.O. Box 3863, Shreveport, La. 71103. J o h n W. Jo r d an , Federal Power Commission by sections 7 CS75-259... 12-12-74 Frank Katzenstein, P.O. Box Advisory Committee and 15 of the Natural Gas Act and the 3863, Shreveport, La. 71103. CS75-260... 12-12-74 Herman Van Os, P.O . Box Management Officer. Commission’s rules of practice and pro­ 3863, Shreveport, La. 71103. [FR Doc.75-1682 Filed l-17-75;8:45 am] CS75-261... 12-16-74 Morgan Enterprises, Inc., et al. cedure, a hearing will be held without P.O. Box 1166, Corpus Christ!, Tex. 78403. further notice before the Commission on CS75-262... 12-16-74 Roberts, Koch & Cartwright, NATIONAL SCIENCE FOUNDATION 205 Building of the South­ all applications in which no petition to west, Midland, Tex. 79701. ADVISORY PANEL FOR METABOLIC Intervene is filed within the time re­ CS75-263... 12-17-74 O. H. Shaller, Box 503, Chey­ BIOLOGY enne, Okla. 73628. quired herein if the Commission on its CS75-264... 12-18-74 Partnership 3964, 410 West Meeting Ohio Ave., Midland, Tex. own review of the matter believes that a 79701. Pursuant to the Federal Advisory CS75-265... 12-19-74 Sanford P. Fagadau, 1301 grant of the certificates is required by the Dallas Federal Savings Bldg.; Committee Act (Pub. L. 92-463), notice public convenience and necessity. Where Dallas, Tex. 75201. is hereby given of a meeting of the Ad­ OS75-266..." 12-19-74 The Termo Co., 3275 Cherry a petition for leave to intervene is timely .Ave., Long Beach, Calif., visory Panel for Metabolic Biology to be filed, or where the Commission on its own 90801. held at 9 am. on February 6 and 7,1975, CS75-267... 12-26-74 Page Petroleum Inc., 901 Bank in room 511, 1800 G Street, NW., Wash­ motion believes that a formal hearing is of the Southwest Bldg., Amarillo, Tex. 79109. ington, D.C. required, further notice of such hearing CS75-268__ 12-13-74 William B. Yarborough (Op­ erator), et al., 202 Gilds' The purpose of this Panel is to provide will be duly given. Tower West, Midland, Tex. advice and recommendations as part of 79701. Under the procedure herein provided CS75-269__ 12-23-74 Seaboard Well Service, Inc: the review and evaluation process for for, unless otherwise advised, it will be P.O. Box 51286 OCS, La­ specific proposals and projects. fayette, La. 70501. 1 unnecessary for Applicants to appear or CS75-270._ 12-23-74 Paula R . (H icks) Simon, This meeting will not be open to the 516 Mont Rose Ave., Lafay­ public because the Panel will be review­ be represented at the hearing. ette, La. 70501. CS75-271__ 12-23-74 Enterprise Resources, Inc; ing, discussing, and evaluating individ­ K e n n e t h F. P l u m b , 1100 Milam Bldg., Suite 776, ual research proposals. These proposals Secretary, Houston, Tex. 77002. CS75-272__ 12-23-74 Helmet Petroleum Corp., Suite contain information of a proprietary or 2904, Lincoln Center Bldg., confidential nature, including technical 1 This notice does not provide for consoli­ Denver, Colo. 80203. information; financial data, such as sal­ dation for bearing of the several matters cov­ aries; and personal information concern­ ered herein. [F R Doc.75-1605 Filed 1-17-75; 8:45 am] ing individuals associated with the

FEDERAL REGISTER, VOL; 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3257 proposals. These matters are within the the review and evaluation process for PENNSYLVANIA AVENUE exemptions of 5 U.S.C. 552(b). The clos­ specific proposals and projects. DEVELOPMENT CORPORATION ing of this meeting is in accordance with This meeting will not be open to the public because the Panel will be review­ OWNERS AND TENANTS ADVISORY the determination by the Director of the BOARD National Science Foundation dated De­ ing, discussing, and evaluating individ­ cember 17, 1973, pursuant to the provi­ ual research proposals. These proposals Amendment to Charter sions of section 10(d) of Pub. L. 92-463. contain information of a proprietary or Notice is hereby given that section 8 For further information about this confidential nature, including technical of the Owners and Tenants Advisory Panel, please contact Dr. Elijah B. Ro­ information; financial data, such as sal­ Board Charter published on page 20849 aries; and personal information concern­ manoff, Program Director, Metabolic of the F ederal R egister of June 14,1974, Biology Program, Rm. 323,1800 G Street, ing individuals associated with the pro­ is hereby amended to read as follows: NW., Washington, D.C. 20550, telephone posals. These matters are within the ex­ “ 8. Termination date. The Advisory 202/632-4312. emptions of 5 U.S.C. 552(b). The closing Board shall terminate on June 30, 1975”. of this meeting is in accordance with the Dated: January 14,1975. This action extends the life of the or­ determination by the Director of the Na­ ganization, previously scheduled to ter­ F red K. M urakami, tional Science Foundation dated Decem­ minate on December 31, 1974, to the Committee Management Officer. ber 17, 1973, pursuant to the provisions end of the current fiscal year. of section 10(d) of Pub. L. 92-463. [FR Doc.75-1722 Filed 1-17-75; 8:45 am] For further information about this P eter T. M eszoly, Panel, please contact Dr. Jack W. Hud­ General Counsel. ADVISORY PANEL FOR NEUROBIOLOGY son, Program Director, Regulatory Biol­ [FR Doc.75-1762 Filed 1-17-75; 8:45 am] ogy Program, Rm. 323, 1800 G Street, Meeting NW., Washington, D.C. 20550, telephone Pursuant to the Federal Advisory 202/632-4299. COMMUNITY ADVISORY GROUP Committee Act (Pub. L. 92-463), notice Dated: January 14, 1974. Amendment to Charter is hereby given of a meeting of the Ad­ visory Panel for Neurobiology to be held F red K. M urakami, Notice is hereby given that section 8 at 9 a.m. on February 6 and 7, 1975, in Committee Management Officer. of the Community Advisory Group Char­ ter published on pages 21091 and 21092 room 338, 1800 G Street, NW., Washing­ [FR Doc.75-1724 Filed l-17-75;8:45 am] ton, D.C. of the F ederal R egister of June 18,1974, The purpose of this Panel is to provide is hereby amended to read as follows: advice and recommendations as part of ADVISORY PANEL ON SCIENCE “ 8. Termination date. The Community the review and evaluation process for EDUCATION PROJECTS Advisory Group shall terminate on June 30,1975” . specific proposals and projects. Meeting This action extends the life of the or­ This meeting will not be open to the Pursuant to the Federal Advisory Com­ ganization, previously scheduled to ter­ public because the Panel will be review­ mittee Act (Pub. L. 92-463), notice is minate on December 31, 1974, to the end ing, discussing, and evaluating individual hereby given of a meeting of the In­ of the current fiscal year. research proposals. These proposals con­ structional Scientific Equipment Program tain information of a proprietary or con­ P eter T. M eszoly, (ISEP) Subpanel to be held from 9 a.m. General Counsel. fidential nature, including technical in­ to 5 p.m. on February 6-8, 1975, in the formation; financial data, such as Sir Francis Drake Hotel, San Francisco, [FR Doc.75-1763 Filed l-17-75;8:45 am] salaries and personal information con­ California. cerning individuals associated with the The purpose of this Subpanel is to proposals. These matters are within the SECURITIES AND EXCHANGE provide advice and recommendations COMMISSION exemptions of 5 U.S.C. 552(b) . The clos­ concerning the merit of specific proposals ing of this meeting is in accordance with [File No. 506-1] the determination by the Director of the submitted for consideration by the In ­ National Science Foundation dated structional Scientific Equipment Pro­ CANADIAN JAVELIN, LTD. December 17, 1973, pursuant to the pro­ gram. Notice of Suspension of Trading visions of section 10(d) of Pub. L. 92- This meeting will not be open to the January 13,1975. 463. public because the Subpanel will be re­ For further information about this The common stock of Canadian Jave­ viewing, discussing, and evaluating in­ lin, Ltd. being traded on the American Panel, please contact Dr. James H. dividual proposals. These proposals con­ Stock Exchange pursuant to provisions Brown, Program Director, Neurobiology tain information of a proprietary or of the Securities Exchange Act of 1934 Program, Rm. 333, National Science confidential nature, including technical and all other securities of Canadian Javelin, Ltd. being traded otherwise than Foundation, Washington, D.C. 20550, information; financial data, such as sal­ telephone, 202/632-4264. on a national securities exchange; and aries; and personal information concern­ It appearing to the Securities and Ex­ Dated: January 14,1975. ing individuals associated with the change Commission that the summary F red K . M urakami, proposals. These matters are within the suspension of trading in such securities Committee Management Officer. exemptions of 5 U.S.C. 552(b). The clos­ on such exchange and otherwise than on ing of this meeting is in accordance with a national securities exchange is re­ [FR Doc.75-1723 Filed l-17-75;8:45 am] quired in the public interest and for the the determination by the Director of the protection of investors; National Science Foundation dated De­ ADVISORY PANEL FOR REGULATORY Therefore, pursuant to Sections 19(a) BIOLOGY cember 17, 1973, pursuant to the pro­ (4) and 15(c) (5) of the Securities Ex­ visions of section 10(d) of Pub. L. 92-463. change Act of 1934, trading in such Meeting For further information about the securities on the above mentioned' ex­ Pursuant to the Federal Advisory Com­ ISEP Subpanel, please contact Dr. James change and otherwise than on a national securities exchange is suspended, for the mittee Act (Pub. L. 92-463), notice is C. Kellett, Program Manager, Rm. 454, period from 10:00 a.m. (EST) on Janu­ hereby given of a meeting of the Advisory 5225 Wisconsin Avenue, NW., Washing­ Panel for Regulatory Biology to be held ary 13,1975 through midnight (EST) on ton, D.C. 20550, telephone 202/282-7760. January 22,1975. at 9 a.m. on February 6 and 7, 1975, in Dated: January 15, 1975. room 621 at 1800 G Street, NW., Wash­ By the Commisison. ington, D.C. F red K . M urakami, [ seal] Sh ir le y E. H o llis, The purpose of the Panel is to provide Committee Management Officer. Assistant Secretary. advice and recommendations as part of [FR Doc.75-1751 Filed. 1-17-75; 8:45 am] [FR Doc.75-1752 Filed l-17-75;8:45 am]

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3258 NOTICES

[Pile No. 500-1] significantly to transactions in options money options.' On August 22, 1974, the AMERICAN AGRONOMICS CORP. on the exchange. I f the Commission finds Commission noted that substantial prog­ the plan necessary or appropriate in the ress had been made both by Amex and Suspension of Trading public interest or for the protection of CBOE in addressing these issues* We January 10, 1975. investors, it shall declare the plan effec­ further stated that in view of this prog­ The common stock of American Agro­ tive, which we have determined to do ress, we expected to declare the Amex nomics Corp. being traded on the Ameri­ after a review of the Amex plan in ac­ plan effective when certain other condi­ can Stock Exchange pursuant to pro­ cordance with these standards. We note, tions concerned with requirements set visions of the Securities Exchange Act of however, that the Amex operation will be forth in Rule 9b-1 were met.7 on a pilot basis, and ongoing surveillance 1934 and all other securities of American G eneral N ature of the P lan Agronomics Corp. being traded other­ of the Exchange’s program may result in wise than on a national securities ex­ significant alterations in its dption-re- Under the terms of the plan, which change; and lated activity. calls for the initiation of a pilot project, While it appears to us to be unneces­ Amex intends initially to limit its opera­ It appearing to the Securities and Ex­ sary to describe fully herein the some­ tions to call options on 20 underlying change Commission that the summary what voluminous rules and accompany­ stocks that are registered and listed on suspension of trading in such securities ing documentation submitted by the Ex­ the New York Stock Exchange. The on such exchange and otherwise than change as a part of its plan, we believe stocks (like those underlying CBOE op­ on a national securities exchange is re­ that some discussion of the plan’s back­ tions) would be those characterized by a quired in the public interest and for the ground and general structure is desir­ substantial number of outstanding protection of investors; able and that special mention should be shares which are widely held and actively Therefore, pursuant to sections 19(a) made of several of the policy issues con­ traded;8 however, Amex does not intend (4) and 15(c) (5) of the Securities Ex­ sidered by us in connection with our initially to undertake dual trading of op­ change Act of 1934, trading in such review. tions.® As experience is gained and the securities on the above mentioned ex­ B ackground system enlarged the Exchange expects, change and otherwise than on a national with Commission authorization, to in­ securities exchange is suspended, for the On November 14, 1973 in response to crease the number of underlying stocks period from January 13, 1975 through issues raised by emerging option trading for option trading.10 January 22, 1975. patterns on the Chicago Board Options Existing Amex members will, upon the Exchange, Inc. (“ CBOE” ) and over-the- By the Commission. plan’s effectiveness, automatically obtain counter option markets, and due to the option trading privileges on the Ex­ [ seal] S h irle y E. H ollis, interest expressed by other national se­ change and Amex expects that most of Assistant Secretary. curities exchanges (including Amex) in these members will participate in this [PR Doc.75-1686 Filed 1-17-75;8:45 am] listing and trading options, the Commis­ program.“ Non-member access will be sion scheduled a public hearing com­ achieved by permitting qualified non­ mencing on January 29, 1974.* On Janu­ member brokers to introduce orders for [34-11144] ary 15, 1974 (39 FR 2774, January 24, their customers’ accounts to members at AMERICAN STOCK EXCHANGE, INC. 1974) we announced the formal submis­ a commission discount not in excess of sion by Amex of its plan for listing and 40% on such transactions.“ In general, Option Plan Declared Effective trading options pursuant to Rule 9b-l Amex intends to apply clearing princi­ The Securities and Exchange Commis­ under the Securities Exchange Act of ples and contract standardization meth­ sion announced today its decision to 1934.3 We noted on the latter occasion ods and terms substantially identical to declare effective the American Stock Ex­ that while the specific provisions 'of the those currently Used by CBOE— that is, change, Inc. (“Amex” or “Exchange” ) Amex plan were not a subject of the options would be made fungible by lim­ plan regulating transactions in options previously announced hearing, resolution iting the contract variable. Thus, at the on the Exchange (“plan” ) filed pursuant of a number of policy issues to be con­ outset options would normally expire to Rule 9b-l under the Securities Ex­ sidered at that hearing would be neces­ (expiration date) on the last Monday change Act of 1934 (“ Rule 9b-l” ), 17 sary before the Commission could deter­ CFR 240.9b-l.\ mine whether the Exchange’s plan should s see letters to Mr. Joseph W. Sullivan, Under Rule 9b-l (17 CFR 240.9b-l), be made effective under Rule 9b-l* President, Chicago Board Options Exchange, it is unlawful for a national securities In part as a result of the hearing and Inc.; and to Mr. Paul Kolton, Chairman Of exchange to effect transactions in an CBOE experience, it appeared to us that the American Stock Exchange, Inc., from option by the use of its facilities except progress should be made in several areas Lee A. Pickard, Director, Division of Market prior to expansion of the existing CBOE Regulation, dated April 25, 1974. File No. in accordance with a plan regulating 4-170. See generally. Statement of the Secu­ transactions in options on the exchange program or initiation of multiple ex­ rities and Exchange Commission on the that is declared effective by the Commis­ change option trading by Amex and other Future Structure of the Securities Markets, sion. The plan must contain rules, by­ exchanges. .Among the subjects which February 2, 1972 and Policy Statement of the laws, constitutional provisions and other the exchanges were adviséd would have to Securities and Exchange Commission on the exchange requirements relating solely or be addressed in the exchange options Structure of a Central Market System, market area were: development of pro­ March 29, 1973. grams common clearing; dissemination 8 See letter to Chairman Paul Kolton, American Stock Exchange, from Martin Mos- 1 All the materials composing Amex’s plan, of last-sale data; standardized option are available for public inspection at the kowitz, Assistant Director, Division of Market Commission’s public reference room at 1100 terms; availability "of options quotations; Regulation, dated August 22, 1974. File No. L Street, NW, Washington, D.C. 20549. File and appropriate regulatory controls re­ S7-505. No. S7-505. Public comments on the Amex lating to trading in away-from-the- fid. plan were first requested in Securities Ex­ 8 Amex Rule 915. FUe No. S7-505. change Act Release No. 10602 (January 15, •As used here the term “dual trading” 1974). The plan has since that time been * Commission “Study of Multiple Exchange means the trading of options in respect of modified. Public comments on any submis­ Option Trading and Option Trading in Gen­ the same underlying security on more than sion under Rule 9b-l may be made before eral,” File No. 4-170. Securities Exchange Act one national securities exchange. or after such submission is declared effec­ Release No. 10490 (November 14, 1973). 10 The special procedures pursuant to Rule tive. The Option Clearing Corporation de­ * Securities Exchange Act Release No. 10602. 9b-l under the Securities Exchange Act relat­ scribed infra under the heading Common (January 15, 1974). ing to the adoption and alteration of rules Clearing has filed a prospectus pursuant to * Id. These Issues Included the question of of registered national securities exchanges the requirements of the Securities Act of whether exchange option trading should be concerning acts or transactions in options 1933 covering the options to be traded which limited to the CBOE pilot project until suf­ would be applicable to such expansion. must be delivered to each customer prior to ficient information about option trading, in­ n As of December 6, 1974, Amex had 650 the time such customer’s account is approved cluding its economic functions, is developed regular members and 169 associate members. for option trading. Amex Rule 926. File No. and evaluated and on what conditions multi­ 13 Amex Constitution, Article VI, Section S7-505. ple pilots might be permitted. 2 (n ) . File NO. S7-505.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3259 of the expiration month, and Amex ex­ erage and specialist commission rates on mission rates, and the Commission has pects to use the same months (i.e., the part of an order involving $30,000 or consistently taken the position that this January, April, July and October) as less, but its intra-member clearance long history of fixed rates argues against CBOE. The striking prices of Amex commissions will be fully negotiated.17 their precipitate elimination. We have options (the price per share at which However, under the option plan fixed instead maintained that the exchanges the underlying stock may be purchased minimum commissions on Amex option should be given an opportunity to develop upon exercise of the option) would’ be transactions will terminate-on April 30, business strategies and adjust their oper­ fixed at 5-point intervals for stock trad­ 1975.18 If adopted, proposed Rule 19b-3 ations to a competitive-rate environment ing below $50, 10-point intervals for under the Securities Exchange Act of by April 30,1975.21 those stocks trading between $50 and 193419 will prohibit national securities Therefore, when we declared effective $100, and 20-point intervals for stocks exchanges from adopting or retaining the registration of CBOE as a national trading above $100, and, as in the case of any rule of the exchange that requires, securities exchange, we also permitted CBOE, new series of Amex options would or from otherwise directly or indirectly CBOE, Amex’s principal competitor in be introduced for trading as the under­ requiring, members to charge any person options at this time, to structure its com­ lying stock fluctuated in price. The Ex­ any fixed rate of commission for trans­ mission rates for options trading in a change can impose restrictions on trad­ actions executed on, or effected by use manner analogous to those provided by ing in options, and under its present of any facility of, such exchanges, effec­ all of the existing exchanges.22 Similar plan opening transactions in certain tive May 1, 1975.“ Pending a determina­ treatment for the Amex now seems ap­ deep-out-of-the-money options, i.e., tion as to whether to adopt Rule 19b-3, propriate, particularly since under its those options selling below $0.50 and we have decided to permit, in the interim, option plan fixed minimum commissions with their underlying stock more than a fixed minimum commission rate struc­ will automatically terminate on April 30, $5.00 below the exercise price would au­ ture for Amex’s option pilot. 1975. tomatically be restricted.13 Throughout its existence, Amex, like C o m m o n C lea r in g Options will generally be traded in a other major national securities ex­ manner very similar to that for other se­ The Amex plan provides that the curities traded on the Amex, and a major changes, has had fixed minimum com- options will be issued, guaranteed and difference between Amex’s program and registered pursuant to the Securities Act CBOE’s is that Amex will, with certain 17 There are two related differences between of 1933 and pursuant to Section 12(b) of modifications applicable to its floor trad­ the Amex and CBOE non-member commis­ the Act by the Options Clearing Corpo­ ing system, utilize its present unitary sion rate provisions that should be noted. ration (the “OCC” ).23 In addition, the specialist system instead of segregating Amex’s minimum commission rates on orders OCC will clear and settle all options the agent and dealer functions between to purchase or sell options and for exercise transactions effected on the Amex, the of options include the 10-15 percent Increases board brokers and competing market implemented by exchanges (except for CBOE and any other options exchange makers. CBOE) in September of 1973. Its commission which becomes a participant in OCC. A notable modification in the Amex rates to exercise an option will be the same The Commission has reviewed the certif­ Floor trading procedure is that its reg­ as that for stocks; thus, the recently added 8 icate of incorporation, by-laws and rules istered floor traders will be expected to percent increase will also apply to exercise of the OCC, a stockholders agreement trade in a way that assists the specialist of options. The CBOE does not include these and a participant exchange agreement to in maintaining a fair and orderly mar­ increases. The Amex provides for negotiated be executed by options exchanges partic­ ket, and in furtherance of this obligation rates on orders involving $2,000 or less ipating in the OCC, and other materials whereas CBOE’s minimum rates on such he may be called upon under certain cir­ orders, with certain exceptions for small and undertakings pertaining to the for­ cumstances by either a floor official or trades, are fixed. A condition for our not mation and operation of the OCC and floor broker acting in an agency capacity objecting to the retention of the rate in­ the conditions for access to OCC by par­ to make quotations in the market.14 In creases mentioned above through April 30, ticipating exchanges and their members. addition, at least 50 percent of a floor 1975 was that the exchanges adopting them trader’s option transactions must be in assume the initiative for developing a pro­ In declaring the Amex plan effective, the two or more classes of assigned options. gram fostering limited price competition dur­ Commission has concluded that the ing this period prior to the introduction of establishment and operation of OCC as a Since the Exchange feels that such trad­ unfixed rates. The exchanges, except CBOE ing should be encouraged to help pro­ which did not elect to institute an increase, common clearing entity is necessary and vide liquidity in all open series of therefore adopted competitive commission appropriate for the trading of exchange- options, it will therefore extend the same rates on orders up to $2,000. listed options and for the protection of margin treatment to the floor traders in 19 Amex Constitution Article VI, section options that will be afforded to 8 (i). File No. S7-505. These rates will expire investors involved in the trading of specialists.1® unless the Commission does not disapprove exchange-listed options.24 an extension proposed by Amex pursuant to L a st-S a le R e p o r t in g C o m m is s io n R ates Rule 9 b -l. We have also considered Amex’s pro­ “ See Securities Exchange Act Release No. The Amex and CBOE have addressed 11073 (October 24, 1974) in which the Com­ the basic issues of a common option tape posed fixed m inim um commission rate mission published proposed Rule 19b-3 (17 structure. In essence, the Exchange will and public reporting of last sale infor­ CFR 240.19b—3) and 10b-22 (17 OFR 240.10b- mation by proposing the establishment prescribe minimum non-member com­ 22) under the Act and scheduled oral hear­ of a policy-making body, the Option mission rates only on that portion of an ings commencing on November 19, 1974. Pro­ posed Rule 1 Ob-22 would, among other Price Reporting Authority (“OPRA”) , to order above $2,000 and up to and includ­ things, make it unlawful for any broker, ing $30,000.M In addition, it will apply dealer or member of any national securities ^Securities Exchange Act Release No. 10560 fixed minimum intra-member floor brok- exchange, directly or indirectly, to participate (December 14,1973). in any agreement or arrangement with an­ ”28 Securities Exchange Act Release No. 9985 other broker, dealer or member of any ex­ (February 1, 1973). i* Amex Rule 910. File No. S7-505. change with respect to the fixing of any 33 Initially, the OCC will be jointly owned 14 Amex Rule 958. File No. S7-505. This amount to be charged to other persons in by Amex and CBOE. Thereafter, exchanges Rule was originally submitted by telephone respect of transactions in securities executed with options trading plans declared effective on December 12, 1974 and was considered by on, or effected by using any facility of, such by the Commission will be eligible for OCC the Commission as a part of the Amex plan exchange. participation and partial ownership. declared effective on December 18, 1974. 30 Securities Exchange Act Release No.T0383 34 These submitted materials concerning 15 Amex Rule 940(b). File No. S7-505. (September 11, 1973) and Securities Ex­ the operation and oapital structure of the 19 In the case of a purchase or sale of an change Act Release No. 11019 (September 19, OCC have also been filed by the CBOE as an option, the amount involved in an order is 1974). See Securities Exchange Act Release amendment to its Rule 9b-l option plan. measured by the premium. In the case of an No. 11093 (November 8,1974) which contains In declaring this part of the plan effective, exercise of an option, the amount of money a synopsis of actions previously taken by the the Commission has also considered and involved in an order is the striking price Commission relating to fixed commission determined to not disapprove these changes multiplied by the number of shares. rates on securities transactions. to the CBOE plan.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3260 NOTICES coordinate the establishment and on­ suspension of trading in such securities of the effects of a certain disaster, dam­ going administration of a separate on such exchanges and otherwise than age resulted to property located in the common option tape on the floor of both on a national securities exchange is re­ State of Massachusetts; exchanges and the dissemination of quired in the public interest and for the Whereas, the Small Business Adminis­ option last sale data from these ex­ protection of investors; tration has investigated and received changes to vendors of automated inter­ Therefore, pursuant to sections 19(a) reports of other investigations of condi­ rogation devices. In addition, it has been (4) and 15(c) (5) of the Securities Ex­ represented to us that OPRA, after a change Act of 1934, trading in such se­ tions in the area affected; suitable trial period, will make its com­ curities on the above mentioned ex­ Whereas, after reading and evaluating mon option tape available to interested change and otherwise than on a national reports of such conditions, I find that the subscribers for public dissemination in securities exchange is suspended, for the conditions in such area constitute a the form of a continuous tape or tapes period from January 14, 1975 through catastrophe within the purview of the separate from the existing national tape January 23, 1975. Small Business Act, as amended;; networks. The present Amex tape will By the Commission. not be utilized for that purpose. We are Now, therefore, as Administrator of presently reviewing the OPRA proposals [ seal] Sh irle y E. H ollis, the Small Business Administration, I and, while we are thus unable to make Assistant Secretary. hereby determine that: a final determination at this time on the [P R Doc.75-1687 Piled 1-17-75;8:45 am] 1. Applications for disaster loans proposals,26 we believe it appropriate to under the provisions of section 7(b)(1) indicate here our concurrence in prin­ of the Small Business Act, as amended, ciple with this overall approach to the [Pile No. 500-1] may be received and considered by the issue. Our action in declaring the Amex BURMAH OIL COMPANY LTD. plan effective under Rule 9b-l has been office below indicated from persons or predicated on the substantial progress Suspension of Trading firms whose property situated in the made by the exchanges in this area. January 10,1975. Town of Middleboro, Plymouth County, Conclusion It appearing to the Securities and Ex­ Massachusetts, suffered damage or de­ change Commission that the summary Accordingly, we find the Amex' plan struction resulting from a fire which oc­ suspension of trading in the common curred December 13,1974. to be necessary and appropriate in the stock of Burmah Oil Company Limited public interest and for the protection of being traded otherwise than on a na­ Office investors, and therefore declare the plan tional securities exchange is required in Small Business Administration effective pursuant to Rule 9b-l under the public interest and for the protection District Office the Securities Exchange Act of 1934 of investors; 150 Causeway Street (Part 240 of Chapter II of title 17 of the 10th Floor Code of Federal Regulations § 240.9b-l). Therefore, pursuant to section 15(c) Boston, Massachusetts 02114 All interested persons are invited to (5) of the Securities Exchange Act of 1934, trading in such securities otherwise 2. Applications for disaster loans submit their views and comments on the under the authority of this declaration Amex plan. Written statements of views than on a national securities exchange and comments should be addressed to is suspended, for the period from Jan­ will not be accepted subsequent to March the Secretary, Securities and Exchange uary 13, 1975 through January 22, 1975. 10, 1975. EIDL applications will not be Commission, 500 North Capitol Street, By the Commission. accepted subsequent to October 10, 1975. Washington, D.C. 20549. Reference [ seal] ' Sh ir le y E. H o llis, Dated: January 9,1975. should be made to file number S7-505. Assistant Secretary. The plan and all amendments to the plan T homas S. K leppe, and all such comments will be available [PR Doc.75-1688 Filed 1-17-75; 8:45 am] Administrator. for public inspection at the Public R ef­ [P R Doc.75-1764 Piled 1-17-75; 8:45 am] erence Room of the Securities and Ex­ [Pile No. 500-1] change Commission at 1100 L Street NW., [License No. 02/02-0163] Washington, D.C. NICOA CORP. MID-ATLANTIC FUND, INC. Suspension of Trading By the Commission. Notice of Approval of Application for Dated: December 19,1974. January 13, 1975. Transfer of Control It appearing to the Securities and Ex­ Pursuant to the provisions of § 107.701 [ seal] Sh ir le y E. H ollis, change Commission that the summary * Assistant Secretary. suspension of trading in the common of the Small Business Administration’s [P R Doc.75-1690 Piled l-Î7-75;8:45 am] stock of Nicoa Corporation being traded (SBA) rules and regulations (13 CFR otherwise than on a national securities 107.701 (1974)), a notice of filing of an exchange is required in the public in­ application for transfer of control of [Pile No. 500-1] terest and for the protection of investors; Mid-Atlantic Fund, Inc., License No. 02/ BBI, INC. Therefore, pursuant to section 15(c) 02-0163, 645 Madison Avenue— 7th Floor, Suspension of Trading (5) of the Securities Exchange Act of New York, New York 10022, was pub­ 1934, trading in such securities otherwise January 13, 1975. than on a national securities exchange is lished in the F ederal R egister on No­ The common stock of BBI, Inc., being suspended, for the period from Janu­ vember 8,1974 (39'FR 39615). traded on the American Stock Exchange ary 14,1975 through January 23,1975. Interested persons were given an op­ and the Philadelphia-Baltimore-Wash­ By the Commission. portunity to send their comments to SBA ington Stock Exchange pursuant to pro­ on the proposed transfer of control. No [ seal] Sh ir le y E. H o llis, visions of the Securities Exchange Act of comments were received. 1934 and all other securities of BBI, Inc. Assistant Secretary. Upon consideration of the application being traded otherwise than on a na­ [FIR Doc.75-1689 Piled 1-17-75;8:45 am] and other relevant information, SBA tional securities exchange; and hereby approves the transfer of control It appearing to the Securities and Ex­ SMALL BUSINESS ADMINISTRATION of Mid-Atlantic Fund, Inc. change Commission that the summary [Declaration of Disaster Loan Area 1109] Dated: January 7,1975. 25 The Amex, of course, is subject to Rule MASSACHUSETTS James T homas P helan, 17a-15 under the Act (17 CPR 240.17a-15) Declaration of Disaster Loan Area Deputy Associate Administrator and will be required to comply therewith for Investment. prior to commencement of its option trading Whereas, it has been reported that activities. during the month of December, because [P R Doc. 75-1767 Filed l-17-75;8:45am ]

FEDERAL REGiSTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3261

ORANGECO INVESTMENT CO. for Investment, Small Business Adminis­ under the supplementary industry reg- [Application No. 09/09-5178] tration, 1441 L Street, NW., Washington, lations are as listed. D.C. 20416. The following certificates were issued Application for License as Small Business A copy of this notice shall be published under the apparel industry learner reg­ Investment Company in a newspaper of general circulation in ulations (29 CFR ‘*‘522.1 to 522.9, as An application for a license to op­ Santa Ana, California. amended and 522.20 to 522.25, as erate as* a small business Investment Dated: January 10,1975. amended). The following normal labor company under the provisions of section turnover certificates authorize 10 per­ 301(d) of the Small Business Investment James T homas P helan, cent of the total number of factory pro­ Act of 1958, as amended (15 U.S.C. 661 Deputy Associate Administrator duction workers except as otherwise in­ et seq.), has been filed by Orangeco In ­ for Investment. dicated. vestment Company (applicant) with the [P R Doc.75-1766 Filed l-17-75;8:45 am] Anthracite Shirt Co., Shamokin, PA; Small Business Administration pursuant 12-1-74 to 11-30-75 (Ladies’ blouses, men’s to 13 CFR 107.102 (1974). and boys’ shirts). The officers and directors are as [Notice of Disaster Loan Area 1106; Amdt. 2] Arizona Slack Corp., Yuma, AZ; 11-18-74 follows: PUERTO RICO to 11-17-75 (M en’s pants). Bob Evans of Kentucky, Inc., Burkesville, James H. Jen Kin, President and Director, Amendment to Notice of Disaster Relief K Y; 10-23-74 to 10-22-75 (Washable service 16372 Maruffa Circle, Huntington Beach, Loan Availability apparel). Calif. 92649. Boonville Mfg. Corp., Boonville, IN; George Wong, Jr., Vice President, 3281 Pine As a result of the President’s declara­ 11-1-74 to 10-31-75 (M en’s pajam as). Avenue, Long Beach, Calif. 90807. tion of the Commonwealth of Puerto Carthage Shirt Corp., Carthage, TN; Stanley J. Jay, Secretary-Treasurer, Manager, Rico as a major disaster area resulting 11- 3-74 to 11-2-75 (Men’s shirts and ladies’ 195 West 31st St., Apt. 203, Long Beach, blouses). Calif. 90806. from severe storms, landslides and flood­ Dover Mills, Inc., Pisgah, AL; 12-9-74 to Allan J. Blink, Director, 15728 East Dubesor ing, beginning about October 23, 1974, 12- 8-75 (Children’s shirts and pan ts). Street, Valinda, Calif. 91744. applications for disaster relief loans will Eatonton Mfg. Co., Inc., Eatonton, GA; Joseph O ’Campo, Director, 1149 S. Lowell be accepted by the Small Business Ad­ 10- 29-74 to 10-28-75 (Men’s pants). Street, Santa Ana, Calif. 92707. ministration from disaster victims in the Elder Mfg. Co., Webb City, MO; 10-31-74 The applicant will maintain its prin­ additional Municipality of Vieques. (See to 10-30-75 (Men’s, boys’, and Juveniles’ cipal place of business at 501 Golden 39 FR 43427 and v40 FR 1798) shirts). Circle Drive, Suite 206, Santa Ana, Cali­ Applications may be filed at the: R. Pox, Ltd., Belleville, IL; 11-28-74 to fornia 92705. Small Business Administration 11- 27-75 (M en’s pants). i District Office Franklin Ferguson Co., Inc., Florala, AL; It will begin operations with $315,000 12- 19-74 to. 12-18-75 (M en’s and boys’ of paid-in capital and surplus derived 255 Ponce De Leon Avenue Hato Rey, Puerto Rico 00919 shirts). from the sale of 31,500 shares of com­ Freeland Shirt Co., Inc., Freeland, PA; mon stock at $10 per share. Fifteen thou­ and at such temporary offices as are 11-18-74 to 11-17-75 (Men’s jackets). sand shares will be purchased by Devel- established. Such addresses will be an­ The Hercules Trouser Co., Inc., Hillsboro, opcorp, Incorporated, a nonprofit cor­ nounced locally. OH; 12-1-74 to 11-30-75 (M en’s and boys’ poration funded by the Office of Eco­ Applications for disaster loans under pan ts). . nomic Opportunity, 8,000 shares by the this announcement must be filed not The Hercules Trouser Co., Inc., Manchester, OH; 12-1-74 to 11-30-75 (M en’s.an d boys’ Security Beneficial Investment Corpo­ later than March 7, 1975. EIDL applica­ pan ts). ration, a small business investment com­ tions will not be accepted subsequent Jarratt Sportswear Co., Inc., Jarratt, VA; pany, and 8,500 shares by MESBIC In ­ to October 7, 1975. 11- 15-74 to 11-14-75; 10 learners (Children’s vestment Company, a limited partnership Dated: January 9, 1975. '§ dresses). whose members include directors of the Jonbil Mfg. Co. Of N.C., Inc., Stovall, NC; applicant. T h o m a s S. K l e p p e , 12— 10—74 to 12-9-75; 5 learners (M en’s and Administrator. boys’ pants). As a small business investment com­ McCreary Mfg. Co., Stearns, K Y; 9-23-74 pany under section 301(d) of the Act, [PR Doc.75-1765 Filed l-17-75;8:45 am ]^ ' to 9-22-75 (Men’s shirts). the applicant has been organized and Michael Berkowitz Cov Inc., Uniontown, chartered solely for the purpose of per­ DEPARTMENT OF LABOR PA; 10-1-74 to 9-30-75 (Men’s and women’s forming the functions and conducting sleepwear). the activities contemplated under the Wage and Hour Division Monticello Mfg. Co., Inc., Monticello, KY; 9-23-74 to 9^-22-75 (Men’s and boys’ shirts). Small Business Investment Act of 1958, CERTIFICATES AUTHORIZING THE EM­ as amended from time to time, and will Oshkosh B ’Gosh, Inc., Celina, TN;' 10-8-74 PLOYMENT OF LEARNERS AND STU­ to 10-7-75 (Men’s pants and shirts). provide assistance solely to small busi­ DENT WORKERS AT SPECIAL MINIMUM Rector Sportswear Corp., Rector, AR; 10- ness concerns which will contribute to a WAGES 28-74 to 10-27-75 (M en’s pants). well-balanced national economy by fa ­ Notice is hereby given that pursuant J. H. Rutter .Rex Mfg. Co., Inc., New cilitating ownership in such concerns to section 14 of the Fair Labor Standards Orleans, LA; 10-12-74 to 10-11-75 (M en’s by persons whose participation in the and boys’ work pants and shirts). Act of 1938 (52 Stat. 1060, as amended, Salant & Salant, Lexington, TN; 11-8-74 free enterprise system is hampered be­ 29 U.S.C. 201 et seq.), and Administra­ cause of social or economic disadvan­ to 11-7-75 (Men’s and boys’ pants). tages. tive Order No. 621 (36 FR 12819) the Salant & Salant, Paris, TN; 11-26-74 to firms listed in this notice have been is­ 11- 25-75 (Men’s and boys’ shirts). Matters involved in SBA’s considera­ sued special certificates authorizing the Slidell Ind., Inc., Slidell, LA; 12-9-74 to tion of the applicant include the general employment of learners at hourly wage 12- 8-75 (Misses’ jean s). business reputation and character of rates lower than the minimum wage • Stapleton Garment Co., Stapleton, GA; 9 - 23-74 to 9-22-75 (Men’s and boys’ pants) . the proposed owner and management rates otherwise applicable under section and the probability of successful opera­ Sullcraft Mfg. Co., Inc., Dushore, PA; 6 of the Act. For each certificate, the ef­ 10- 4-74 to 10-3-75; 10 learners (Men’s and tion of the applicant under their man­ fective and expiration dates, number or boys’ pajamas). agement, including adequate profitability proportion of learners and the principal Toll-Gate Garment Corp., Hamilton, AL; and financial soundness, in accordance product manufactured by the establish­ 10-1-74 to 9-30-75 (Men’s shirts). with the Small Business Investment Act ment are as indicated. Conditions on oc­ Vernon Mfg. Co., Inc., Vernon, TX; 12- and the SBA Rules and Regulations. cupations, wage rates, and learning pe­ 31-74 to 12-30-75 (M en’s and boys’ trousers Any person may, not later than Febru­ and shirts). riods which are provided in certificates Warsaw Mfg. Co., Kingstree, SC; 11-29-74 ary 4, 1975, submit to SBA written com­ issued under the supplemental industry to 11-28-75 (Ladies’ capris and shorts). ments on the proposed applicant. Any regulations cited in the captions below Wyoming Valley Garment Co., Wilkes- such communication should be addressed are as established in those regulations; Barre, PA; 10-14-74 to 10-13-75; 10 learners to the Deputy Associate Administrator such conditions in certificates not issued (M en’s pan ts).

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3262 NOTICES

The following plant expansion certificate INTERSTATE COMMERCE NOR No. 36073, Chrysler De Mexico, S. A. V. was issued authorizing the number of learn­ Penn Central Transportation Company, et ers indicated. COMMISSION al., now being assigned March 17, 1975 (3 Jarratt Sportswear Co., Inc., Jarratt, VA; [Notice No. 676] days), at Dallas, Texas; in a hearing room 11- 15-74 to 5-14-75; 10 learners (Children’s to be later designated. dresses). ASSIGNMENT OF HEARINGS NOM No. 36090, General Environment Cor­ poration— Petition For Declaratory Order— The following certificate was Issued under January 15, 1975. the cigar industry learner regulations (29 Applicability Of Tariff Provisions, now be­ CFR 522.1 to 522.9, as amended and 522.80 to Cases assigned for hearing, postpone­ ing assigned March 20, 1975 (2 days), at 522.85, as am ended). ment, cancellation or oral argument ap­ Dallas, Texas; in a hearing room to be later Budd Tobacco Processing Co., Quincy, PL; pear below and will be published only designated. 12- 4-74 to 6-3-75; 5 learners for plant ex­ once. This list contains prospective as­ I&S M No. 28239, Restructured LTL Rates, pansion purposes (Cigars). signments only and does not include January 1975, Central & Southern Terri­ The following certificates were issued un­ cases previously assigned hearing dates. tory, now being assigned March 4, 1975, at der the glove industry learner regulations the Offices of the Interstate Commerce (29 CFR 522.1 to 522.9, as amended and 522.60 The hearings will be on the issues as Commission, Washington, D.C. to 522.65 as am ended). presently reflected in the Official Docket FSA No. 42925, Minimum Charges on Carload Burnham-Edina Mfg. Co., Edina, MQ; of the Commission. An attempt will Shipments—Eastern Territory, now being 10-4-74 to 10-3-75; 5 learners for normal be made to publish notices of cancella­ assigned February 4, 1975, at the Offices labor turnover purposes (Work gloves). tion of hearings as promptly as possible, of the Interstate Commerce Commission, Good Luck Glove Co., Rosiclare, IL; 11-8- but interested parties should take appro­ Washington, D.C. 74 to 11-7-75; 10 learners for normal labor priate steps to insure that they are noti­ turnover purposes (Work gloves). [ seal] R obert L. O swald, St. Johnsbury Glovers, St. Johnsbury, VT; fied of cancellation or postponements of Secretary. hearings in which they are interested. 10-4-74 to 10-3-75; 10 learners for normal [FR Doc.75—1787 Filed 1-17-75; 8:45 am] labor turnover purposes (Ladies’ knit No amendments will be entertained gloves). after the date of this publication. The following certificates were issued MC 99581 Sub 3, Horae© Simmons, d.b.a. [Notice 218] under the knitted wear industry learner Vaca Valley Bus Lines & MC 139807,'Napa MOTOR CARRIER BOARD TRANSFER regulations (29 CFR 522.1 to 522.9, as Transit Co., now assigned February 18, 1975, at San Francisco, Ca., will be held in PROCEEDINGS amended and 522.30 to 522.35, as Room 2041, Court of Claims, Federal Build­ January 20, 1975. amended). ing & Courthouse, 450 Golden Gate Ave. MC-F—12194, F-B Truck Line Company— Synopses o f . orders entered by the Boonville M fg. Corp., Boonville, IN; 11-1-74 Motor Carrier Board of the Commission to 10-31-75; 5 learners for normal labor turn­ Purchase—Dalzell Corporation & MC over purposes in the manufacture of men’s 125433 Sub 50, F-B Truck Line Company, pursuant to sections 212(b), 206(a), 211, woven underwear (Men’s underwear). now assigned February 24, 1975, at San 3i2(b), and 410(g) of the Interstate Junior Form Lingerie Corp., Boswell, PA; Francisco, Ca., will be held in Room 2021, Commerce Act, and rules and regulations 9- 25-74 to 9-24-75; 5 percent of the total Tax Court, Federal Building & Courthouse, prescribed thereunder (49 CFR Part number of factory production workers for 450 Golden Gate Avenue. 1132), appear below; normal labor turnover purposes (Ladies’ un­ MC-C-8413, William H. Ott, d.b.a. Texas Each application (exqept as otherwise derwear and pajamas). Hot Shot Co.— Investigation and Revoca­ tion of Certificates, now assigned Febru­ specifically noted) filed after March 27, The following learner certificate, was ary 3, 1975, at Dallas, Texas, is postponed 1972, contains a statement by applicants issued in Puerto Rico to the company indefinitely. that there will be no significant effect hereinafter named. The effective and MC 117068 Sub 29, Midwest Harvestore on the quality of the human environ­ expiration dates, learner rates, occupa­ Transport, Inc., now assigned January 17, ment resulting from approval of the ap­ tions, learning periods, and the number 1975, at Chicago, IU., is cancelled and the plication. As provided in the Commis­ of learners authorized to be employed, application is dismissed. sion’s Special Rules of Practice any in­ MC 29079 Sub 75, Brada Miller Freight Sys­ terested person may file a petition seek­ are indicated. tem, Inc., MC 106603 Sub 133, Direct Tran­ ing reconsideration of the following Bayuk Caribe, Inc., dales, PR; 10-4r-74 to sit Lines, Inc., MC 107295 Sub 753, Pre- 10- 3-75; 16 learners for normal labor turn­ ..Fab Transit Co., A Corp., MC 119522 Sub numbered proceedings on or before Feb­ over purposes in the occupation of cigar 32, McLain Trucking, Inc., MC 128247 Sub ruary 10, 1975. Pursuant to section 17(8) making and packing for a learning period 25, Bursal Transport, Inc., MC 138741 Sub of the Interstate Commerce Act, the fil­ of 320 hours at the rates of $1.53 an hour ,11, E. K. Motor Service, Inc., now assigned ing of such a petition will postpone the for the first 160 hours and $1.63 an hour for February 10, 1975, at Chicago, 111., will be effective date of the order in that pro­ the remaining 160 hours (Tobacco). held in Room 1614, Court of Claims, ceeding pending its disposition. The mat­ Everett McKinley Dirksen Building, 219 S. Each learner certificate has been is­ Dearborn St. ters relied upon by petitioners must be sued upon the representations of the MC 61231 Sub 80, Ace Lines, Inc., now being specified in their petitions with par­ employer which, among other things, assigned, February 10, 1975, at Chicago, ticularity. were that employment of learners at 111., in Room 1614, Court of Claims, Everett No. MC-FC-75594. By order of Janu­ special minimum rates is necessary in ’McKinley Dirksen Building, 219 S. Dear­ born St. ary 9, 1975, the Motor Carrier Board order to prevent curtailment of oppor­ MC—F—12246, Ryder Truck Lines, Inc.— Pur­ approved the transfer to Petersen Trans­ tunities for employment, and that ex­ chase (Portion) —Alterman Transport fer, Inc., Osmond, Nebr., of Certificate perienced workers for the learner occu­ Lines, Inc., now assigned February 10, 1975, No. MC 86194 issued by the Commission pations are not available. The certificate at Jacksonville, Fla., will be held in Jack­ August 5' 1969, to Loyal F. Petersen and sonville Hilton Hotel-, 565 South Main St., may be annulled or withdrawn, as indi­ Gerald F. Petersen, a partnership, doing instead of Room 714 Federal Bldg., 400 W. business as L. F. Petersen & Son, Os­ cated therein, in the manner provided in Bay St. mond', Nebr., authorizing the transporta­ 29 CFR; Part 528. Any person aggrieved MC 116763 Sub 285, Carl Subler Trucking, Inc., and MC 138157 Sub 13, Southwest tion of general commodities, with by the issuance of any of these certifi­ Equipment Rental, Inc., d.b.a. Southwest exceptions, between Osmond, Nebr., and cates may seek a review or reconsidera­ Motor Freight, now being assigned March Sioux City, Iowa; livestock and agricul­ tion thereof on o f before February 4, 5, 1975 (1 day), at Atlanta, Ga., in a hear­ tural products from points in Thompson, ing room to be designated later. Plum Grove, Foster, and Logan Town­ 1975. MC 139246 Sub 1, Leon Jones Feed & Grain, ships, Pierce County, Nebr., to Sioux Signed at Washington, D.C., this 13th Inc., now being assigned March 6, 1975 (2 days), at Atlanta, Ga., in a hearing City, Iowa; and feeds, repair parts for day of January 1975. room to be designated later. farm implements, farm machinery, hard­ A rthur H. K orn, I&S No. 9012, Corn & Grain Sorghums, Mid­ ware, building materials, lumber, and Authorized Representative west & Southwest to Pacific Ports, now coal from Sioux City, Iowa, to points in of the Administrator. being assigned March 11, 1975 (4 days), Thompson, Plum Grove, Poster, and Lo­ at Dallas, Texas; in a hearing room to b e [FR Doc.75-1726 Filed l-17-75;8:45 am] later designated. gan Townships, Pierce County, Nebr.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3263

Patrick E. Quinn, Esq., P.O. Box 82028, Effective J a n u a r y 7,1975. TEMPORARY AUTHORITY TERMINATION [ NOTICE #23] Lincoln, Nebr. 68501. Expires J a n u a r y 10,1975. No. MC-FC-75596. By order entered Issued at Washington, D.C., January The temporary authorities granted in 1-8-75, the Motor Carrier Board ap­ 7,1975. the dockets listed below have expired as proved the transfer to Metro Heavy [SEAL] R. D. PFAHLER, a result of final action either granting Hauling, Inc., Kent, Wash., of that por­ Chairman, or denying the issuance of a Certificate tion of the operating rights set forth in Railroad Service Board. or Permit in a corresponding application Certificate No. MC 9325, issued Novem­ for permanent authority, on the date ber 10, 1970, to K Lines, Inc., Lake Os­ [FR Doc.75-1786 Filed l-17-75;8:45 am] indicated below: wego, Oreg., authorizing the transporta­ tion of machinery, contractors’ equip­ Temporary Authority Application Final Action or Date of ment, construction materials (with ex­ Certificate or Permit .Action ceptions), wood poles, reinforcing and construction stedl, and steel piling, be­ Les Johnson Cartage Co.: MC-29392-Sub-19, 22______MC-29392 Sub-18______Oct. 24,1974 L . & M. Express Co., Inc.: MC-44639 Sub-69______....I. ______MC-44639 Sub-70______N ov. 19,1974 tween points in Oregon and Washington. Refiners Transport & Terminal Corp.: MC-50069 Sub-474______x_____ MC-50069 Sub-481 Sept. 13,1974 George R. LaBisSoniere, Suite 101, 130 The Mason and Dixon Tank Lines, Inc.: MC-61403 Sub-224.______MC-61403 Sub-225_____ Nov. 4,1974 William Z. Get®, Inc.: MC-107460 Sub-40______._ MC-107460 Sub-41____ N ov. 21,1974 Andover Park East, Seattle, Wash. 98188, Neuman Transit Co., Inc.: MC-116045 Sub-42. ______MC-116045 Sub-43_____ Sept. 27,1974 attorney for applicants.- Clark’ s Frozen Express, Inc.: MC-117589 Sub-12,16______MC-117589 Sub-15____ r Do. Provisioners Frozen Express, Inc.: MC-117589 Sub-13, 20__ $____ .______MC-117589 8ub-17_____ Do. No. MC-FC-75597. By order of Janu­ Caravan Refrigerated Cargo, Inc.: MC-119789 Sub-166______MC-119789 Sub-170___ June 6,1974 M & M Tan Lines, Inc.: MC-123067 Sub-117...—..-______MC-123067 Sub-118___ Oct. 29,1974 ary 9, 1975, the Motor Carrier Board Fast Motor Service, Inc.: MC-126276 Sub-90, 91._____ MC-126276 Sub-85______Sept. 13,1974 approved the transfer to Charles E. The Stout Trucking Co., Inc.: MC-128030 Sub-40, 41______MC-128030 Sub-48.____ _ Sept. 30,1974 Wertz, doing business as Wertz Motor Frost Trucking Co., Inc.: MC-133913 Sub-2. ____ MC-133913 Sub-1______Oct. 3,1974 Interstate Contract Carrier Corp.: MC-134599 Sub-25. ______MC-134599 Sub-22__ .___ Sept. 13,1974 Coaches, Marcus Hook, Fa., of the oper­ Harbor Transfer, Inc.: MC-135387 Sub-1______MC-135387 Sub-2___ ,___ N ov. 25,1974 ating rights in Certificate No. MC 45276 dba, McCorkle Truck Line: MC-136711 Sub-7______!______MC-136711 Sub-9______Sept. 27,1974 Intermodal Transport, Inc.: MC-136903 Sub-1______1______MC-136903 Sub-7_w______Sept.18,1974 issued April 25,1942, to Charles E. Wertz Decker Transport Co., Inc.: MC-138235 Sub-2..______MC-138235 Sub-1______Nov. 21,1974 and Christian B. Wertz, a partnership, E. K . Motor Service, Inc.: MC-138741 Sub-6.______MC-138741 Sub-2______Sept. 30,1974 Roberts & Oaks, Inc.: MC-139193 Sub-1______MC-139193 Sub-3______Sept. 27,1974 doing business as Wertz Motor Coaches, McLain Trucking, Inc.: MC-119522 Sub-23» _____ MC-119522 Sub-24______Feb. 25,1974 Marcus Hook, Pa., authorizing the trans­ portation of passengers and their bag­ i This is to show correct name MC-119522 Sub-No. 23 T A as McLain Trucking, Inc. in lieu of B arret tmobile Home gage between Chester, Pa., and -Clay- Transport, Inc. which was inadvertently shown in Federal Register of Dec. 3, 1974 on page 41921. mont, Del.; in charter operations from [SEAL] R obert L . O s w a l d , Marcus Hook, Pa., and points within 15 Secretary. miles thereof to points in Delaware, [FR Doc.75-1785 Filed l-17-75;8:45 am] Maryland, New Jersey, and the District of Columbia, and specified points in Vir­ ginia and Pennsylvania and the New IRREGULAR-ROUTE MOTOR COMMON transporting: Household goods, as de­ York, N.Y., Commercial Zone; and in CARRIERS OF PROPERTY fined by the Commission, between points special operations from Marcus Hook, Elimination of Gateway Letter Notices In that part of Kansas on, south and Pa., and points within 5 miles thereof, east of a line beginning at the Kansas- to specified points in New York, New J a n u a r y 15,1975. Nebraska State line, thence along U.S. Jersey, Maryland, Virginia, and the Dis­ The following letter-notices of pro­ Highway 183 to junction U.S. Highway trict of Columbia. Peter J. Rohana, Jr., posals to eliminate gateways for the 24, thence along U.S. Highway 24 to the 10 East Fifth St., Chester, Pa., 19013, purpose of reducing highway congestion, Kansas-Colorado State line, on the one attorney for applicants. alleviating air and noise pollution, hand, and, on the other, points in that minimizing safety hazards, and conserv­ part of Wisconsin on and east of a line R obert L. O s w a l d , ing fuel have been filed with the Inter­ beginning at Bayfield, Wis., thence along Secretary. state Commerce Commission under Wisconsin Highway 13 to junction U.S. [FR Doc.75-1784 Filed I-17-75;8:45 am] the Commission’s Gateway Elimination Highway 8, thence along U.S. Highway Rules (49 CFR 1065(a)), and notice 8 to junction U.S. Highway 53, thence thereof to all interested persons is hereby along U.S. Highway 53 to La Crosse, [Exemption No. 7 to Rev. Service given as provided in such rules. Wis. The purpose of this filing is to Order No. 1193] An original and two copies of protests eliminate the gateway of any point in PENN CENTRAL TRANSPORTATION CO. against the proposed elimination of any Missouri within 50 miles of Burlington, Notice of Authorization gateway herein described may be filed Iowa. with the Interstate Commerce Commis­ No. MC 31462 (Sub-No. E214), filed J a n u a r y 7,1975. sion January 30, 1975. A copy must also May 13, 1974. Applicant: PARAMOUNT be served upon applicant or its repre­ To: Maine Central Railroad Company, MOVERS, INC., P.O. Box 309, Lancast­ Penn Central Transportation Company, sentative. Protests against the elimina­ tion of a gateway will not operate to stay er, Texas 75146. Applicant’s representa­ Robert W. Blanchette, Richard C. Bond, tive: R. L. Rork (same as above). Au­ and John H. McArthur, Trustees. 'commencement of the proposed opera­ tion. thority sought to operate as a common Pursuant to the authority vested in Successively filed letter-notices of the carrier, by motor vehicle, over irregular me by Section (a ), Paragraph (7) of same carrier under these rules will be routes, transporting: Household goods, Revised Service Order No. 1193, the numbered consecutively for convenience as defined by the Commission, between points in Kansas, on the one hand, and, Penn Central Transportation Company, in identification. Protests, if any, must refer to such letter-notices by number. on the other, points in that part of Robert W. Blanchette, Richard C. Bond, Michigan east and south of a line be­ and John H. McArthur, Trustees, is No. MC 31462 (Sub-No. E213), filed ginning in the Upper Peninsula of Mich­ hereby authorized to accept from ship­ May 13, 1974. Applicant: PARAMOUNT igan at Hancock, Mich., thence along per at Trenton, New Jersey, for trans­ MOVERS, INC., P.O. Box 309, Lancaster, U.S. Highway 41 to junction Michigan Texas 75146. Applicant’s representative: Highway 28, thence along Michigan port to destination, MEC 9249, regard­ R. L. Rork (same as above). Authority Highway 28 to junction U.S. Highway less of the provisions of Revised Service sought to operate as a common carrier, 141, thence along U.S. Highway 141 to Order No. 1193. by motor vehicle, over irregular routes, the Michigan-Wisconsin State line. The

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3264 NOTICES purpose of this filing is to eliminate the as a common carrier, by motor vehicle, irregular mutes, transporting: Lumber, gateway of any point in Missouri within over irregular routes, transporting: from points in that part of Iowa on and 50 miles of Burlington, Iowa. Agricultural and garden tractors, and east of a line beginning at the Iowa- No. MC 61592 (Sub-No. E14), filed agricultural implements, from St. Louis, Missouri State line, thence along U.S. June 13, 1974. Applicant: JENKINS Mo., to points in South Dakota. The pur­ Highway 65 to its junction with U.S. pose of this filing is to eliminate the gate­ TRUCK LINE, INC., R.R. 3, Box 697, Highway 20, thence along U.S. Highway Jeffersonville, Ind. 47130. Applicant’s ways of Moline, HI., and Ida Grove, Iowa. 20 to the Iowa-Hlinois State line (except representative: Bob Jenkins (same as - No. MC 61592 (Sub-No. E31), filed Denmark), to points in Florida, Georgia, above). Authority sought to operate June 3, 1974. Applicant: JENKINS Louisiana, Mississippi, New Mexico, as a common carrier, by motor vehicle, TRUCK LINE, INC., R.R. 3, Box 697, North Carolina, South Carolina, Texas, over irregular routes, transporting: Jeffersonville, Ind. 47130. Applicant’s and Virginia. The purpose of this filing Wallboard, pulpboard, and wood mold­ representative: Bob Jenkins (same as is to eliminate the gateway of Wright ing, from the plant site of Barclay In­ above). Authority sought to operate as a City, Mo. dustries, Ind., at Lodi, N.J., to points in common carrier, by motor vehicle, over No. MC 61592 (Sub-No. E44), filed that part of West Virginia on and west irregular routes, transporting: Tractors June 10, 1974. Applicant: JENKINS of a line beginning at the West Vir- (except truck tractors and those which TRUCK LINE, INC., R.R. 3, Box 697, ginia-Ohio State line, thence along U.S. because of size or weight, require the use Jeffersonville, Ind. 47130. Applicant’s Highway 21 to its junction with U.S. of special equipment), from Baltimore, representative: Bob Jenkins (same as Highway 119, thence along U.S. Highway Md., to points in South Dakota, and in above). Authority sought to operate as 119 to the West Virginia-Kentucky State that part of Minnesota on and west of a common carrier, by motor vehicle, over line. The purpose of this filing is to a line beginning at the Minnesota-South irregular routes, transporting: Incinera­ eliminate the gateway of New Lexing­ Dakota State line, thence along Min­ tors, knocked down (except those which ton, Ohio. nesota Highway 19 to its junction with because of size or weight, require the use No. MC 61592 (Sub-No. E29), filed U.S. Highway 59, thence along U.S. High­ of special equipment), from the Mem­ May 31, 1974. Applicant: JENKINS way 59 to the Minnesota-Iowa State line. phis, Tenn., commercial zone as defined TRUCK LINE, INC., R.R. 3, Box 697, The purpose of this filing is to eliminate by the Commission, to points in Wiscon­ Jeffersonville, Ind. 47130. Applicant’s the gateways of Ida Grove, Iowa, sin and that part of Iowa on and north representative: Bob Jenkins (same as O’Fallon Park, Mo., and Columbus, Ohio. of a line beginning at the Iowa-Nebraska above). Authority sought to operate No. MC 61592 (Sub-No. E39), filed State line, thence along Interstate High­ as a common carrier, by motor vehicle, June 3, 1974. Applicant: JENKINS way 8p to its junction .with Iowa High­ over irregular routes, transporting: TRUCK LINE, INC., R.R. 3, Box 697, way 60, thence along Iowa Highway 60 Agricultural implements, and attach­ Jeffersonville, Ind. 47130. Applicant’s to its junction with U.S. Highway 34, ments and parts for tractors, and tractors representative: Bob Jenkins (same as thence along U.S. Highway 34 to the (except those vehicle beds, bed frames, above). Authority sought to operate as.a Iowa-Illinois State line. The purpose of fifth wheels), from points in Rock Island. common carrier, by motor vehicle, over this filing is to eliminate the gateway of County, HI., to points in Connecticut, irregular routes, transporting: Tractors Moline, 111. Delaware, Maine, Maryland, Massa­ (except truck tractors and those which chusetts, New Hampshire, New Jersey, No. MC 61592 (Sub-No. E46), filed because size or weight require the use June 10, 1974. Applicant: JENKINS New York, Rhode Island, Vermont, Vir­ of special equipment), from New Orleans, ginia, and Washington. The purpose of TRUCK LINE, INC., R.R. 3, Box 697, La., to points in that part of Nebraska on Jeffersonville, Ind. Applicant’s repre­ this filing is to eliminate the gateway of and north of a line beginning at the Port Washington, Wis. sentative: Bob Jenkins (same as above). Colorado-Nebraska State line, thence Authority sought to operate as a common No. MC 61592 (Sub-No. E32), filed along Nebraska Highway 23 to its junc­ carrier, by motor vehicle, over irregular May v31, 1974. Applicant: JENKINS tion with U.S. Highway 34, thence along routes, transporting: Agricultural ■Jna- TRUCK LINE, INC., R.R. 3, Box 697, U.S. Highway 34 to the Nebraska-Iowa chinery, from Tarboro, N.C., to points in Jeffersonville, Ind. 47130. Applicant’s State line. The purpose of this filing is to Colorado, Idaho, Montana, Nevada, representative: Bob Jenkins (same as eliminate the gateway of Ida Grove, North Dakota, Oregon, Utah, Washing­ above). Authority sought to operate Iowa. ton, Wyoming, and points in that part as a common carrier, by motor vehicle, of California on and north of a line be­ over irregular routes, transporting: No. MC 61592 (Sub-No. E40), filed ginning at the Pacific Ocean, thence Agricultural implements and attach­ June 3, 1974. Applicant: JENKINS along U.S. Highway 101 to its junction ments and parts for tractors, and TRUCK LINE, INC., R.R. 3, Box 697, with California Highway 58, thence along tractors (except those with vehicle beds, Jeffersonville, Ind. 47130. Applicant’s California Highway 58 to the Galifornia- bed frames, and fifth wheels), from representative: Bob Jenkins (same as Nevada State line. The purpose of this the plant and warehouse sites and ex­ above). Authority sought to operate as a filing is to eliminate the gateway of perimental farms of Deere and Company common carrier, by motor vehicle, over Port Washington, Wis. in Wapello County, Iowa, to points irregular routes, transporting: Iron and in Connecticut, Delaware, Maine, Mary­ steel undercarriages and .frames, iron No. MC 61592 (Sub-No. E49), filed land, Massachusetts, New Hampshire, and steel trailers, and iron and steel July 4, 1974. Applicant: JENKINS New Jersey, New York, Rhode Island, portable buildings, from New Ulm, Minn., TRUCK LINE, INC., R.R. 3, P.O. Box 697, Vermont, and that part of Virginia to points in that part of Illinois on and Jeffersonville, Indiana 47130. Applicant’s on and east of a line beginning at the north of U.S. Highway 40 and on and representative: Bob Jenkins (same as Virginia-North Carolina State line, south of a line beginning at the Hlinois- above). Authority sought to operate as thence along U.S. Highway 29 to its Iowa State line, thence along U.S. High­ a common carrier, by motor vehicle, over junction with U.S. Highway 250, thence way 30 to its junction with U.S. Highway irregular routes, transporting: Tractors along U.S. Highway 250 to the Virginia- 30 Alt., thence along U.S. Highway 30 (except truck tractors and tractors which West Virginia State line and on and Alt. to the Indiana-Illinois State line. because of their size or weight require south of U.S. Highway 211. The purpose The purpose of this filing is to eliminate the use of special equipment), from ports of this filing is to eliminate the gateway the gateway of Davenport, Iowa. of entry on the U.S.-Canada Interna­ of Port Washington, Wis. tional Boundary line in Maine, to points No. MC 61592 (Sub-No. E42), filed in Arizona, Arkansas, California, Colo­ No. MC 61592 (Sub-No. E34), filed May 31, 1974. Applicant: JENKINS rado, Idaho, Hlinois, Iowa, Kansas, Min­ June 3, 1974. Applicant: JENKINS TRUCK LINE, INC., R.R. 3, Box 697, nesota, Missouri, Montana, Nebraska, TRUCK LINE, INC., R.R. 3, Box 697, Jeffersonville, Ind. 47130. Applicant’s Nevada, New Mexico, North Dakota, Jeffersonville, Ind. 47130. Applicant's representative: Bob Jenkins (same as Oklahoma, Oregon, South Dakota, Texas, representative: Bob Jenkins (same as above). Authority sought to operate as a Utah, Washington, Wisconsin, Wyoming, above). Authority sought to operate common carrier, by motor vehicle, over and in that part of Louisiana on and west

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3265 of a line beginning at the Gulf of Mexico, terials and supplies, used in the manu­ thority sought to operate as a common thence along Louisiana Highway 27 to facture of agricultural machinery, agri­ carrier, by motor vehicle, over irregular its junction with U.S. Highway 90, thence cultural implements, forestry machinery, routes, transporting: Lumber and wood along U.S. Highway 90 to its junction and grain bins, (except commodities in products (except chemicals and liquid with U.S. Highway 165, thence along U.S. bulk, in tank vehicles), from points in wood products), from ports of entry on Highway 165 to the Louisiana-Arkansas Alabama, Connecticut, Delaware, Flor­ the U.S.-Canada International Boundary State line. The purpose of this filing is ida, Georgia, Maine, Maryland, Massa­ line in Minnesota, to points in that part chusetts, New Hampshire, New Jersey, of Indiana on and south of a line begin­ to eliminate the gateway of Port Wash­ ning at the Indiana-Illinois State line, ington, Wisconsin. New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, thence along Interstate Highway 74 to No. MC 61592 (Sub-No. E51), filed Virginia, and West Virginia, to Omaha, its junction with U.S. Highway 40, thence July 4, 1974. Applicant: JENKINS Nebr. The purpose of this filing “is to along U.S. Highway 40 to the Indiana- TRUCK LINE, INC., R.R. 3, P.O. Box eliminate the gateway of Davenport, Illinois State line, and in Kentucky and 697, Jeffersonsville, Indiana 47130. Ap­ Iowa. Tennessee, restricted to the transporta­ plicant’s representative: Bob Jenkins tion of traffic moving in foreign com­ (same as above). Authority sought to op­ No. MC 61592 (Sub-No. E70), filed merce. The purpose of this filing is to erate as a common carrier, by motor July 4, 1974. Applicant: JENKINS eliminate the gateway of Beardstown, 111. vehicle, over irregular routes, transport­ TRUCK LINE, INC., R.R. 3, Box 697, No. MC 61592 (Sub-No. E86), filed June ing: Agricultural and garden tractors Jeffersonville, Ind. 47130. Applicant’s representative: Bob Jenkins (same as 4, 1974. Applicant: JENKINS TRUCK and agricultural implements in mixed LINE, INC., R.R. 3, Box 697, Jefferson­ loads with tractors (except truck trac­ above). Authority sought to operate as a common carrier, by motor vehicle, over ville, Ind. 47130. Applicant’s representa­ tors and commodities which because of tive: Bob Jenkins (same as above). Au­ their size or weight require the use of irregular routes, transporting: Agricul­ tural machinery and implements, other thority sought to operate as a common special equipment), from O’Fallon In­ carrier, by motor vehicle, over irregular dustrial Park, St. Charles County, Mo., than hand (except such machinery and implements which because of size or routes, transporting: Agricultural im­ to points in that part of Florida on and weight, require the use of special equip­ plements, from Memphis, Tenn., to southeast of U.S. Highway 231. The pur­ ment), from Memphis, Tenn., to points points in that part of Iowa on and north pose of this filing is to eliminate the in that part of Iowa on and north of of a line beginning at the Iowa-Illinois gateway of Atlanta, Ga. Interstate Highway 80. The purpose of State line, thence along U.S. Highway No. MC 61592 (Sub-No. E54), filed this filing is to eliminate the gateway of 34 to its junction with U.S. Highway 63, June 25, 1974. Applicant: JENKINS Rock Island, 111. thence along U.S. Highway 63 to its junc­ TRUCK LINE, INC., R.R. 3, Box 697, Jef­ tion with Iowa Highway 163, thence No. MC 61592 (Sub-No. E74), filed July fersonville, Ind. 47130. Applicant’s repre­ along Iowa Highway 163 to its junction 4, 1974. Applicant: JENKINS TRUCK sentative: Bob Jenkins (same as above). with Interstate Highway 80, thence LINE, INC., R.R. 3, P.O. Box 697, Jeffer­ along Interstate Highway 80 to the Iowa- Authority sought to operate as a sonville, Indiana 47130. Applicant’s rep­ common carrier, by motor vehicle, over Nebraska State line, and points in Wis­ irregular routes, transporting: Lumber, resentative: Bob Jenkins (same as consin on and south of U.S. Highway 10. above). Authority sought to operate as a The purpose of this filing is to eliminate from Beardstown, 111., to points in Ala­ common carrier, by motor vehicle, over bama, Arkansas, Colorado, Connecticut, the gateway of Moline, HI. irregular routes, transporting: Materials, Delaware, Florida, Georgia, Louisiana, equipment, and supplies, used in the No. MC 61592 (Sub-No. E87), filed Maryland, Massachusetts, Montana, New manufacture and operation of (1) agri­ September 4, 1974. Applicant: JENKINS Hampshire, New Jersey, New Mexico, cultural, industrial, and construction TRUCK LINE, INC., R.R. 3, Box 697, New York, North Carolina, Oklahoma, machinery and equipment, (2) Lawn, Jeffersonville, Ind. 47130. Applicant’s Rhode Island, South Carolina, Texas, garden, and home maintenance equip­ representative: Bob Jenkins (same as Vermont, Virginia, Wyoming, and in that ment, and (3) recreational vehicles and above). Authority sought to operate as a part of Missouri on and south of U.S. equipment (except commodities in bulk), common carrier, by motor vehicle, over Highway 50. The purpose of this filing from the plant sites and warehouse 'irregular routes, transporting: Agricul­ is to eliminate the gateway of Wright facilities of Deere and Company in Dodge tural and garden tractors, and agricul­ City, Mo. County, Wis., to St. Louis, Mo., Omaha, tural implements, from Kewanee, HI., to No. MC 61592 (Sub-No. E63), filed Nebr., and points in that part of Illinois points in that part of Iowa on, north, July 4, 1974. .Applicant: JENKINS on and west of U.S. Highway 67, re­ and west of a line beginning at the Iowa- TRUCK LINE, INC., R.R. 3, Box 697, Jef­ stricted to the transportation of traffic Hlinois State line, thence along Iowa fersonville, Ind. 47130. Applicant’s repre­ originating at or destined to the above Highway 92 to its junction with U.S. sentative: Bob Jenkins (same as above). mentioned facilities of Deere and Com­ Highway 69, thence along U.S. Highway Authority sought to operate as a com­ pany in Dodge County, Wis. The purpose 69 to the Iowa-Missouri State line, and to mon carrier, by motor vehicle, over of this filing is to eliminate the gateway Omaha, Nebr.,. and St. Louis, Mo. The irregular routes, transporting: Gas of Moline, HI. purpose of this filing is to eliminate the gateway of Moline, HI. m e te rs from Cedar Rapids, Iowa, to St. No. MC 61592 (Sub-No. E75), filed July Louis, Mo., and points in that part of 4, 1974. Applicant: JENKINS TRUCK No. MC 61592 (Sub-No. E90) r filed Illinois on and north of U.S. Highway 40 LINE, INC., R.R. 3, Box 697, Jefferson­ June 4, 1974. Applicant: JENKINS and on and south of a line beginning at ville, Ind. 47130. Applicant’s representa­ TRUCK LINE, INC., R.R. 3, Box 697, the Iowa-Illinois State^line, thence along tive: Bob Jenkins (same as above). Au­ Jeffersonville, Ind. 47130. Applicant’s Illinois Highway 2 to its junction with thority sought to operate as a common representative: Bob Jenkins (same as U.S. Highway 30 Alt., thence along U.S. carrier, by motor vehicle, over irregular above). Authority sought to operate as Highway 30 Alt. to the Ulinois-Indiana routes, transporting: Gas meters, from a common carrier, by motor vehicle, over State line. The purpose of this filing is to Ottumwa, Iowa, to points in that part of irregular routes, transporting: Lumber, eliminate the gateway of Rock Island, Wisconsin on and south of U.S. Highway from Warren, Ark., to points in Maine, HI. 10 and in that, part of Hlinois on and Michigan, Massachusetts, New Hamp­ No. MC 61592 (Sub-JSTo. E64), filed north of U.S. Highway 6. The purpose of shire, Vermont, Wisconsin, and that part July 4, 1974. Applicant: JENKINS this filing is to eliminate the gateway of Hlinois on and north of a line begin­ TRUCK LINE, INC., R.R. 3, P.O. Box of Rock Island, HI. ning at the Missouri-Hlinois State line, 697, Jeffersonville, Indiana 47130. Appli­ No. MC 61592 (Sub-No. E81), filed July thence along U.S. Highway 24 to its junc­ cant’s representative: Bob Jenkins (same 5, 1974. Applicant: JENKINS TRUCK tion with Illinois Highway 29, thence as above). Authority sought to operate LINE, INC., R.R. 3, Box 697, Jefferson­ along Hlinois Highway 29 to its junction as a common carrier, by motor vehicle, ville, Ind. 47130. Applicant’s representa­ with U.S. Highway 6, thence along U.S. over irregular routes, transporting: Ma­ tive: Bob Jenkins (same as above). Au­ Highway 6 to the Illinois-Indiana State

FEDERAL REGISTER, VOL. 40, NOr 13— MONDAY, JANUARY 20, 1975 3266 NOTICES line. The purpose of this filing is to elim­ merce) . The purpose of this filing is to TRUCK LINE, INC., P.O. Box 94850, inate the gateways of points in that part eliminate the gateway of Rock Island, Oklahoma City, Okla. 73109. Applicant’s of Iowa east of U.S. Highway 65 and 111. representative: Robert A. Fisher (same south of U.S. Highway 20 (except Den­ as above). Authority sought to operate mark, Iow a). No. MC 61592 (Sub-No. E107), filed June 4, 1974. Applicant: JENKINS as a common carrier, by motor vehicle, over irregular routes, transporting: (A ) No. MC 61592 (Sub-No. E94), filed TRUCK LINE, INC., R.R. 3, Box 697, (1) Commodities, the transportation of June 4, 1974. Applicant: JENKINS Jeffersonville, Ind. 47130. Applicant’s representative: Bob Jenkins (same as which, by reason of size or weight, re­ TRUCK LINE, INC., R.R. 3, Box 697, quire the use of special equipment; (2) Jeffersonville, Ind. 47130. Applicant’s above). Authority sought to operate as a common carrier, by motor vehicle, over Self-propelled articles, each weighing representative: Bob Jenkins (same as 15,000 pounds or more, and related ma­ above). Authority sought to operate as a irregular routes, transporting: Agricul­ tural and garden tractors, and agricul­ chinery, tools, parts, and supplies when common carritr, by motor vehicle, over moving in connection therewith, re­ irregular routes, transporting: Tractors tural implements in mixed loads with tractors (except truck tractors and com­ stricted to commodities which are trans­ (except truck tractors and those because ported on trailers; (3) Machinery ^equip­ of size or weight require the use of spe­ modities, which, because of their size or weight, require the use of special ment, materials, and supplies used in, or cial equipment), from Philadelphia, Pa., in connection with, the construction, op­ to points in South Dakota, and that part equipment), from Columbus, Ohio, to points in Missouri, South Dakota, and eration, repair, servicing, maintenance, of Minnesota on, south, and west of a and dismantling of pipelines, other than line beginning at the Iowa-Minnesota that part of Illinois on and west of a line beginning at the Illinois-Missouri State pipelines used for the transmission of State line, thence along U.S. Highway 59 natural gas, petroleum, their products to its junction with Minnesota Highway line, thence along Illinois Highway 127 to its junction with Illinois Highway 16, and by-products, water or sewerage, re­ 19, thence along Minnesota Highway 19 stricted to the transportation of ship­ thence along Illinois Highway 16 to its to the Minnesota-South Dakota State ments moving to or from pipeline rights- line. The purpose of this filing is to junction with U.S. Highway 67, thence along U.S. Highway 67 to its junction of-way; (4) Earth drilling machinery and eliminate the gateways of Columbus, equipment, and machinery, equipment, with U.S. Highway 136, thence along Ohio, O’Fallon Park, Mo., and Ida Grove, materials, supplies, and pipe incidental U.S. Highwiay 136 to the Illinois-Iowa Iowa. to, used in, or in connection with: (a) State line. The purpose of this filing is the transportation, installation, removal, No MC 61592 (Sub-No. E97), filed to eliminate the gateway of O’Fallon. operation, repair, servicing, maintenance, June 4, 1974. r Applicant: JENKINS Park, Mo. TRUCK LINE, INC., R.R. 3, Box 697, and dismantling of drilling machinery Jeffersonville, Ind. 47130. Applicant’s No. MC 61592 (Sub-No. E115), filed and equipment, (b) the completion of representative: Bob Jenkins (same as June 4, 1974. Applicant: JENKINS holes or wells drilled, (c) the production, above). Authority sought to operate as TRUCK LINE, INC., R.R. 3, Box 697, storage, and transmission of commodi­ a common carrier, by motor vehicle, over Jeffersonville, Ind. 47130. Applicant’s ties resulting from drilling operations at irregular routes, transporting: Tractors representative: Bob Jenkins (same as well or hole sites, and (d) the injection (except truck tractors and those which above). Authority sought to operate as or removal of commodities into or from because of . size or weight require the use a common carrier, by motor vehicle, over holes or wells; and (5) Parts of commodi­ of special equipment), from Glenfield, irregular routes, transporting: Agricul­ ties, which, by reason of size or weight, Pa., to points in Kansas, Missouri, Ne­ tural and garden tractors and agricul­ require the use of special equipment, braska, South Dakota, and that part of tural implements in mixed loads with either when incidental to the transporta­ Illinois on, south, and west of a line tractors (except truck tractors and com­ tion of such commodities, or when trans­ beginning at Cairo, thence along U.S. modities which, because of their size or ported as separate and unrestricted ship­ Highway 51 to its junction with Illinois weight, require the use of special equip­ ments, between points in that part of Highway 29, thence along Illinois High­ ment), from Atlanta, Ga., to points in Colorado on and east of a line beginning way 29 to its junction with U.S. High­ South Dakota and in that part of Minne­ at the Colorado-Wyoming State line and way 136, thence along U.S. Highway 136 sota on and west of a line beginning at extending along U.S. Highway 287 to its the Minnesota-Iowa State line, thence to the Illinois-Iowa State line. The pur­ junction with Interstate Highway 25, along Minnesota Highway 15 to its junc­ thence along Interstate Highway 25 to its pose of this filing is to eliminate the gate­ tion with U.S. Highway 10, thence along ways of Columbus, Ohio, and O’Fallon junction with U.S. Highway 50, thence Park, Mo. U.S. Highway l(T'to its junction with along U.S. Highway 50 to its junction U.S. Highway 371, thence along U.S. with Colorado Highway 101, thence along No. MC 61592 (Sub-No. E104), filed Highway 371 to its junction with U.S. Colorado Highway 101 to its junction June 4, 1974. Applicant: JENKINS Highway 2, thence along U.S. Highway 2 with U.S. Highway 160, thence along U.S. TRU C K LINE, INC., R.R. 3, Box 697, to its junction with U.S. Highway 71, Highway 160,to its junction with U.S. Jeffersonville, Ind. 47136. Applicant’s thence along U.S. Highway 71 to its junc­ Highway 287, thence along U.S. Highway representative: Bob Jenkins (same as tion with Minnesota Highway 72, thence 287 to the Colorado-Oklahoma State line, above). Authority sought to operate as along Minnesota Highway 72 to the on the one hand, and, on the other, points a common carrier, by motor vehicle, over U.S.-Canada International Boundary in that part of New Mexico on and south irregular routes, transporting: Agricul­ line. The purpose of this filing is to elim­ of a line beginning at the New Mexico- tural implements and parts, from points inate the gateways of O’Fallon Park, Texas State line and extending along U.S. in that part of Illinois on and south of Mo., and Ida Grove, Iowa. Highway 54 to its junction with U.S. U.S. Highway 6 and on and north of No. MC 109478 (Sub-No. E5), filed Highway 82, thence along U.S. Highway U.S. Highway 40, to points in Arkansas, May 15, 1974. Applicant: WORSTER 82 to its junction with Interstate High­ Connecticut, Delaware, Florida, Loui­ MOTOR LINES, INC., Gay Rd., P.O. way 10, thence along Interstate Highway siana, Maine, Massachusetts, Minnesota, Box 110, North East, Pa. 16428. Appli­ 10 to the Colorado-Arizona State line Mississippi, Missouri, Nebraska, New cant’s representative: Joseph F. Mac- (points in Oklahoma)*; (B)(1) Com­ Hampshire, New Jersey, North Dakota, Krell, 23 W. 10th St., Erie, Pa. 16501. modities, the transportation of which, by Oklahoma, Rhode Island, South Dakota, Authority sought to operate as a com­ reason of size or weight, require the use Texas, Vermont, and Virginia, restricted mon carrier, by motor vehicle, over ir­ of special equipment (except those used to the transportation -of traffic (a) regular routes, transporting: Canned in, or in connection with, the construc­ originating at the plant sites or ware­ goods and cereal food preparations, from tion, operation, repair, servicing, main­ house facilities of International Har­ Geneva, Ohio, to all points in Florida. tenance, and dismantling of main or vester Co., and (b) destined to the desti­ The purpose of this filing is to eliminate trunk pipelines and except farm ma­ the gateway of Holley, N.Y. chinery) ; and (2) Machinery, equipment, nation points specified above, (except materials, and supplies, used in, or in that the restriction in (b) shall not ap­ No. MC 113459 (Sub-No. E64), filed connection with, the discovery, develop­ ply to traffic moving in foreign com­ May 14,1974. Applicant: H. J. JEFFRIES ment, production, refining, manufacture,

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3267 processing, storage, transmission, and points in that part of New Mexico on and line, and to points of North Dakota on distribution of natural gas and petroleum northwest of a line beginning at the and west of a line beginning at the South and their products and by-products, re­ Texas-New Mexico State line, thence Dakota-North Dakota State line, thence stricted against the stringing or picking along U.S. Highway 60 to junction US. along U.S. Highway 281 to junction U.S. up pipe in connection with main or trunk Highway 70, thence along U.S. Highway Highway 52, thence along U.S. High­ pipelines, between points in Nebraska, on 70 to junction New Mexico Highway 18, way 52 to junction North Dakota the one hand, and, on the other, points thence along New Mexico Highway 18 to Highway 8, thence along North Dakota in Alaska (points in Oklahoma and junction U.S. Highway 62/180, thence Highway 8 to the North Dakota-Canada Wyoming) *, and between points in Ne­ along U.S. Highway 62/180 to the New International Boundary line, and to vada, on the one hand, and, on the other, Mexico-Texas State line, and to points points in that part of Kansas on and points in Mississippi (points in Okla­ in that part of Oklahoma on and north­ northwest of a line beginning at the homa) *; and (C) Earth drilling ma­ west of a line-beginning at the Kansas- Nebraska-Kansas State line, thence chinery and equipment, and machinery, Oklahoma State line, thence along Ok­ along U.S. Highway 73 to junction U.S. equipment, materials, supplies, and pipe lahoma Highway 34 to junction Okla­ Highway 36, thence along U.S. Highway incidental to, used in, or in connection homa Highway 15, thence along Okla­ 36 to junction U.S. Highway 81, thence with: (1) the transportation, installation, homa Highway 15 to junction U.S. High­ along U.S. Highway 81 to junction Inter­ removal, operation, repair, servicing, way 283, thence along U.S. Highway 283 state Highway 70, thence along Inter­ maintenance, and dismantling of drill­ to junction Oklahoma Highway 51, state Highway 70 to junction U.S. High­ ing machinery and equipment, (2) the thence along Oklahoma Highway 51 to way 281, thence along U.S. Highway 281 completion of holes or wells drilled, (3) the Oklahoma-Texas State line, and to to junction U.S. Highway 54, thence the production, storage, and transmis­ points in that part of Texas on and north along U.S. Highway 54 to junction U.S. sion of commodities resulting'from drill­ of a line beginning at the Oklahoma- Highway 183, thence along U.S. Highway ing operations at well or hole sites, and Texas State line, thence along U.S. 183 to junction Kansas Highway 1, (4) the injection or removal of commodi­ Highway 60 to the Texas-New Mexico thence along Kansas Highway 1 to the ties into or from holes or wells; (a) be­ State line and to that part of Texas on Kansas-Oklahoma State line. The tween points in Nevada, on the one hand, and north of a line beginning at the New purpose of this filing is to eliminate the and, on the other, points in Mississippi Mexico-Texas State line, thence along gateway of the plant site—Griffin Pipe (points in Oklahoma) *; and (b) between U.S. Highway 62/180 to the Texas-Mex- Co.— Council Bluffs, Iowa. Bullett, Hardin, Meade, Breckinridge, ico International Boundary line. The No. MC 114211 (Sub-No. E392), filed Hancock, Daviess, Henderson, Union, purpose of this filing is to eliminate the June 4, 1974. Applicant: W ARREN Webster, McLean, Crittenden, Hopkins, gateway of the plant site—Griffin Pipe TRANSPORT, INC., P.O. Box 420, Ohio, Grayson, Edmondson, Hart, War­ Co.—Council Bluffs, Iowa. Waterloo, Iowa 50704. Applicant’s rep­ ren, Butler, Muhlenberg, Logan, Todd, No. MC 114211 (Sub-No. E391), filed resentative: Kenneth R. Nelson (same Christian, Trigg, Simpson, Lyon, Cald­ ■Tn nft 4, 1974. Applicant: W ARREN as above). Authority sought to operate well, and Jefferson Counties, Ky., on the TRANSPORT, INC., P.O. Box 420, as a common carrier, by motor vehicle, one hand, and, on the other, points in Waterloo, Iowa 50704. Applicant’s rep­ over irregular routes, transporting: Farm Colorado (points in Illinois and Okla­ resentative: Kenneth R. Nelson (Same machinery and parts, thereof, from homa) *. The purpose of this filing is to as above). Authority sought to operate points in that part of Iowa on and eliminate the gateways indicated by as a common carrier, by motor vehicle, northwest of a line beginning at the asterisks above. over irregular routes, transporting; Cast Iowa-Minnesota State line, thence along No. MC 114211 (Sub-No. E390), filed iron pipe and fittings for cast iron pipe U.S. Highway 169 to junction U.S. High­ June 4, 1974. Applicant: WARREN from points in that part of Michigan on way 20, thence along U.S. Highway 20 to TRANSPORT, INC., P.O. Box 420, and southeast of a line beginning at the the Iowa-Nebraska State line to points Waterloo, Iowa 50704. Applicant’s repre­ Ohio-Michigan State line, thence along in that part of New York on and east sentative: Kenneth R. Nelson (Same as U.S. Highway 127 to junction Michigan of a line beginning at Oswego, N.Y., above). Authority sought to operate as a Highway 78, thence along Michigan thence along New York Highway 57 common carrier, by motor vehicle, over Highway 78 to junction Michigan to Interstate Highway 81, thence along irregular routes, transporting: Cast iron Highway 21, thence along Michigan Interstate Highway 81 to junction pipe and fittings for cast iron pipe from Highway 21 to Port Huron, Mich., and New York Highway 13, thence along points in that part of Ohio on and south from points in that part of Ohio on and New York Highway 13 to junction New of a line beginning at the Indiana-Ohio north of a line beginning at the West York Highway 14, thence along New" State line, thence along U.S. Highway Virginia-Ohio State line, thence along York Highway 14 to the New York-Penn- 40 to the Ohio-West Virginia State line U.S. Highway 40 to the Ohio-Indiana sylvania State line, with no trans­ to points in Montana, Wyoming, Colo­ State line to points in Montana, South portation for compensation on return rado, South Dakota, Nebraska, and Dakota, Wyoming, Nebraska, Colorado, except as otherwise authorized. The pur­ points in that part of North Dakota on New Mexico, and points in that part of pose of this filing is to eliminate the and west of a line beginning at the North Oklahoma on and west of a line begin­ gateway of the plant site— Stinar Corp.— Dakota-Canada International Boundary ning at the Kansas-Oklahoma State line, Minneapolis, Minn. line, thence along North Dakota High­ thence along Oklahoma Highway 34 to No. MC 114211 (Sub-No. E393), filed way 1 to the North Dakota-South Da­ junction Oklahoma Highway 15, thence June 4, 1974. Applicant: WARREN kota State line, and to points in that along Oklahoma Highway 15 to junction TRANSPORT, INC., P.O. Box 420, Water­ part of Kansas on and northwest of a U.S. Highway 283, thence along U.S. loo, Iowa 50704. Applicant’s representa­ line beginning at the Nebraska-Kansas Highway 283 to junction Oklahoma tive: Kenneth R. Nelson (same as above). State line, thence along U.S. Highway 73 Highway 51, thence along Oklahoma Authority sought to operate as a com­ to junction U.S. Highway 36, thence Highway 51 to the Oklahoma-Texas mon carrier, by motor vehicle, over ir­ along U.S. Highway 36 to junction U.S. State line, and to points in that part of regular routes, transporting: Farm ma­ Highway 81, thence along U.S. Highway Texas on and west of a line beginning chinery and parts thereof, from points in 81 to junction Interstate Highway 70, at the Oklahoma-Texas State line, that part of Iowa on and northwest of a thence along Interstate Highway 70 to thence along U.S. Highway 60 to junction line beginning at the Iowa-Minnesota junction U.S. Highway 156, thence along U.S. Highway 87, thence along U.S. State line, thence along U.S. Highway U.S. Highway 156 to junction U.S. High­ Highway 87 to junction Texas Highway 169 to junction U.S. Highway 20, thence way 281, thence along U.S. Highway 281 349, thence along Texas Highway 349 to along U.S. Highway 20 to the Iowa-Ne­ to junction U.S. Highway 54, thence junction U.S. Highway 80, thence braska State line to points in the Upper along U.S. Highway 54 to junction U.S. along U.S. Highway 80 to junction Peninsula of Michigan and to points in Highway 183, thence along U.S, High­ Texas Highway 17, thence along Texas that part of Wisconsin on and north of a way 183 to junction Kansas Highway 1, Highway 17 to junction U.S. Highway 67, line beginning at the Wisconsin-Minne- thence along Kansas Highway 1 to the thence along U.S. Highway 67 to the sota State line, thence along U.S. High­ Kansas - Oklahoma State line, and to Texas-Mexico International Boundary way 12 to junction Wisconsin Highway

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3268 NOTICES

29, thence along Wisconsin Highway 29 to the Iowa-Illinois State line to points in points in that part of Washington on to Kewanee, Wis., and to points in that that part of Texas on and southwest of a and west of a line beginning at the Wash- part of Florida on and south of a line be­ line beginning at the Texas-Louisiana ington-Idaho State line, thence along ginning at Daytona Beach, Florida, State line, thence along U.S. Highway 90 Interstate Highway 90 to junction U.S. thence along U.S. Highway 92 to junction to junction U.S. Highway 290, thence Highway 395, thence along U.S. Highway U.S. Highway 17, thence along U.S. High­ along U.S. Highway 290 to junction 395 to the Washington-Canada Interna­ way 17 to junction Florida Highway 40, Texas Highway 71, thence along Texas tional Boundary line, and to points in thence along Florida Highway 40 to junc­ Highway 71 to junction U.S. Highway 87, that part of Idaho on and south of a line tion U.S. Highway 27, thence along U.S. thence along U.S. Highway 87 to junc­ beginning at the Idaho-Montana state Highway 27 to junction Alternate U.S. tion U.S. Highway 83, thence along U.S. line, thence along Interstate Highway 90 Highway 27, thence along Alternate U.S. Highway 83 to junction Texas Highway to the Idaho-Washington State line, and Highway 27 to junction Florida Highway 53, thence along Texas Highway 53 to to points in that part of Montana on and 345, thence along Florida Highway 345 junction Texas Highway 70, thence along west of a line beginning at the Montana- to j¡unction Florida Highway 24, thence Texas Highway 70 to junction U.S. High­ Wyoming State line, thence along U.S. along Florida Highway 24 to Lukens, Fla., way 84, thence along U.S. Highway 84 to Highway 287, to junction Interstate with no transportation for compensation junction U.S. Highway 28, thence along Highway 90, thence along Interstate on return except as otherwise authorized. U.S. Highway 28 to the New Mexico- Highway 90 to the Montana-Idaho State No. MC 114211 (Sub-No. E395), filed Texas State line, with no transportation line and to points in that part of Wyo­ June 4, 1974. Applicant: WARREN for compensation on return except as ming on and southwest of a line begin­ TRANSPORT, INC., P.O. Box 420, Water­ otherwise authorized. The purpose of this ning at the Wyoming-Montana State loo, Iowa 50704. Applicant’s representa­ filing is to eliminate the gateway of line, thence along U.S. Highway 287 to tive: Kenneth R. Nelson (same as above). Waterloo, Iowa. junction U.S. Highway 26, thence along Authority sought to operate as a com­ No. MC 114211 (Sub-No. E401), filed U.S. Highway 26 to junction U.S. High­ mon carrier, by motor vehicle, over ir­ June 4, 1974. Applicant: WARREN way 20, thence along U.S. Highway 20 to regular routes, transporting: Agricultural TRANSPORT, INC., P.O. Box 420, the Wyoming-Nebraska State line and to implements and parts thereof, from Waterloo, Iowa 50704. Applicant’s repre­ points in that part of Wisconsin on and southeast of a line beginning at the Wis­ points in that part of Kansas on and west sentative: Kenneth R. Nelson (Same as consin-Illinois State line, thence along of a line beginning at the Nebraska- above). Authority sought to operate as Wisconsin Highway 15 to Lake Michigan, Kansas State line, thence along U.S. a common carrier, by motor vehicle, over Highway 75 to junction U.S. Highway 36, and to points in that part of Michigan irregular routes, transporting: Farm thence along U.S. Highway 36 to junction on and south of a line beginning at Lake machiney and parts thereof, from points Kansas Highway 99, thence along Kan­ Michigan, thence along Interstate High­ sas Highway 99 to junction Kansas High­ in that part of Iowa on and northwest way 96 to the Michigan-Canada Inter­ way 13, thence along Kansas Highway of a line beginning at the Minnesota- national Boundary line, with no trans­ 13 to junction Kansas Highway 77, thence Iowa State line, thence along U.S. High­ portation for compensation on return along Kansas Highway 77 to junction way 65 to junction Iowa Highway 214, except as otherwise authorized. The pur­ Kansas Highway 177, thence along Kan­ thence along Iowa Highway 214 to junc­ pose of this filing is to eliminate the sas Highway 177 to junction Kansas tion Iowa Highway 175, thence along gateway of Minneapolis, Minn. Highway 77, thence along Kansas High­ Iowa Highway 175 to junction Iowa No. MC 114211 (Sub-No. E407), filed way 77 to the Kansas-Oklahoma State Highway 14, thence along Iowa Highway June 4, 1974. Applicant: . WARREN line to points in that part of Ohio on 14 to junction U.S. Highway 30, thence TRANSPORT, INC., P.O. Box 420, Water­ and north of a line beginning at the In- along U.S. Highway 30 to the Iowa- loo, Iowa 50704. Applicant’s representa­ diana-Ohio State line, thence along Ohio Illinois State line to points in Texas, Highway 502 to junction U.S. Highway 36, with no transportation for compensation tive: Kenneth R. Nelson (Same as thence along U.S. Highway 36 to junction on return except as otherwise authorized. above). Authority sought to operate as Ohio Highway 4, thence along Ohio High­ The purpose of this filing is to eliminate a common carrier, by motor vehicle, over way 4 to junction Ohio Highway 161, the gateway of Waterloo, Iowa. irregular routes, transporting: Grading, thence along Ohio Highway 161 to Ohio paving and finishing machinery, equip­ No. MC 114211 (Sub-No. E406) filed ment, parts, accessories, and attach­ Highway 16, thence along Ohio Highway June 4, 1974. Applicant: WARREN 16 to junction Ohio Highway 60, thence ments, between points in that part of TRANSPORT, INC., P.O. Box 420, Arizona on and south of a line beginning along Ohio Highway 60 to junction Ohio Waterloo, Iowa 50704. Applicant’s repre­ Highway 208, thence along Ohio High­ at the California-Arizona State line, sentative: Kenneth R. Nelson (same as thence along U.S. Highway 66 to the New way 208 to junction Ohio Highway 93, above). Authority sought to operate as thence along Ohio Highway 93 to junction Mexico-Arizona State line, on the one a common carrier, by motor vehicle, over Ohio Highway 83, thence along Ohio hand, and, on the other, points in Min­ irregular routes, transporting: Self-pro­ Highway 83 to junction Ohio Highway nesota and points in that part of South pelled farm machinery and parts there­ 209, thence along Ohio Highway 209 to Dakota on and east of a line beginning junction U.S. Highway 40, thence along of, from that part of Minnesota on and at the North Dakota-South Dakota State U.S. Highway 40 to the Ohio-West Vir­ east of a line beginning at the Minne- line, thence along South Dakota High­ ginia State line, with no transportation sota-Canada International Boundary way 45 to junction South Dakota High­ for compensation of return except as line, thence along U.S. Highway 71 to way 10, thence along South Dakota High­ otherwise authorized restricted against junction Minnesota Highway 6, thence way 10 to junction South Dakota High­ movement to oil field locations. along Minnesota Highway 6 to junction way 47, thence along South Dakota High­ Minnesota Highway 210, thence along way 47 to the South Dakota-Nebraska No. MC 114211 (Sub-No. E400), filed Minnesota Highway 210 to junction Min­ State line, and to points in that part of June 4, 1974. Applicant: WARREN nesota Highway 18, thence along Minne­ Nebraska on and north of a line begin­ TRANSPORT, INC., P.O. Box 420, sota Highway 18 to junction U.S. High­ ning at the South Dakota-Nebraska Waterloo, Iowa 50704. Applicant’s repre­ way 169, thence along U.S. Highway 169 State line, thence along Nebraska High­ sentative: Kenneth R. Nelson (Same as to junction U.S. Highway 12, thence way 11 to junction U.S. Highway 275, above). Authority sought to operate as along U.S. Highway 12 to the Minnesota- thence along U.S. Highway 275 to junc­ a common carrier, by motor vehicle, over Wisconsin State line to points in Oregon, tion Nebraska Highway 91, thence along irregular routes, transporting: Farm California, Nevada, Arizona, Missouri, Nebraska Highway 91 to junction U.S. machinery and parts thereof, from points Colorado, New Mexico, Texas, Oklahoma, Highway 30, thence along U.S. Highway in that part of Iowa on and northeast Kansas, Nebraska, Iowa, Illinois, Arkan­ 30 to the Iowa-Nebraska State line, and of a line beginning at the Minnesota- sas, Louisiana, Mississippi, Alabama, to points in that part of Iowa on and Iowa State line, thence along U.S. High­ Georgia, Florida, South Carolina, North north of a line beginning at the Ne- way 69 to junction Interstate Highway Carolina, Tennessee, Kentucky, Ohio, braska-Iowa State line, thence along 80, thence along Interstate Highway 80 Indiana, Utah, West Virginia, and to U.S. Highway 30 to junction Interstate

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3269

Highway 29, thence along Interstate along U.S. Highway 181 to the Gulf of routes, transporting: Household goods, Highway 29 to junction Interstate High­ Mexico. as defined by the Commission, (1) be­ way 80N, thence along Interstate High­ No. MC 128273 (Sub-Nb. El ) , filed May tween St. Louis, Mo., and points in Iowa, Nebraska, and Wisconsin, on the one way 80N to junction Iowa Highway 163, 2, 1974. Applicant: MIDWESTERN DIS­ thence along Iowa Highway 163 to junc­ TRIBUTION, INC., P.O. Box 189, Fort hand, and, on the other, points in Penn­ tion U.S. Highway 63, thence along U.S. Scott, Kans. 66701. Applicant’s represen­ sylvania, New York, New Jersey, Dela­ Highway 63 to junction Iowa Highway tative: Harry Ross (same as above). Au­ ware, Maryland, Virginia, West Virginia, 149, thence along Iowa Highway 149 to thority sought to operate as a common North Carolina, Ohio, Indiana, Illinois, junction Iowa Highway 78, thence along carrier, by motor vehicle, over irregular Connecticut, Massachusetts, New Hamp­ Iowa Highway 78 to junction TJ.S. High­ routes, transporting: (1) Paper and paper shire, Rhode Island, Maine, and the Dis­ way 61, thence along U.S. Highway 61 to products, (a ) from Savannah, Ga. and trict of Columbia; (2) between points in junction U.S. Highway 34, thence along the facilities of Union Camp Oorp., in Minnesota, on the one hand, and, on U.S. Highway 34 to the Illinois-Iowa Autauga County, Ala., to Chicago, 111.; the other, points in Pennsylvania, New State line, and to points in that part of (b) from Lock Haven, Pa., to Mobile York, New Jersey, Delaware, Maryland, Illinois on and north of a line beginning Ala.; (c) from Franklin, Va., to points in Virginia, West Virginia, North Carolina, at the Iowa-Illinois State line, thence that part of Tennessee on and west of Ohio, Indiana, Illinois, Connecticut, along U.S. Highway 34 to junction Illi­ U.S. Highway 45 and 45E; (d) from Mem­ Massachusetts, New Hampshire, Maine, nois Highway 17, thence along Illinois phis, Tenn., to points in Indiana, Illinois, Rhode Island and the District of Colum­ Highway 17 to junction Interstate High­ Michigan, Wisconsin, Minnesota, Penn­ bia; (3) between points in Washington way 57, thence along Interstate Highway sylvania, New York, New Jersey, Dela­ and Oregon; (4) between points in Wash­ 57 to junction U.S. Highway 24, thence ware, Massachusetts, Connecticut, Rhode ington and Oregon, on the one hand, along U.S. Highway 24 to the Indiana- Island, New Hampshire, Vermont, Maine, and, on the other, West Virginia, Vir­ Ulinois State line. The purpose of this and West Virginia, restricted to the ginia, North Carolina, Delaware, Mary­ filing is to eliminate the gateway of transportation of traffic originating at land, Pennsylvania, New Jersey, New Canton, S. Dak. the f acilities of Kimberly-Clark Corpora­ York, Connecticut, Rhode Island, Massa­ chusetts, New Hampshire, Maine, the No. MC 119988 (Sub-No. E44), filed tion at Memphis, Tenn.; and (e) from District of Columbia, Indiana, Michigan, June 3, 1974. Applicant: GREAT WEST­ Mobile, Ala., and Moss Point, Miss., to Wisconsin, Illinois, Iowa, Nebraska, ERN TRUCKING CO., INC., P.O. Box points in Michigan, Minnesota, and Wis­ Idaho, Montana, points in Minnesota, Box 1384, Lufkin, Texas 75902. Appli­ consin; and (2) Paper, from points in on, south, and east of a line beginning cant’s representative: Joe E. Kinard, 201 Talladega County, Ala., to points in Mich­ W. Commerce St., Dallas, Texas 75208. igan, Minnesota, and Wisconsin. The pur­ at the Iowa-Minnesota State line and Authority sought to operate as a common pose of this filing is to eliminate the gate­ extending along U.S. Highway 59 to its carrier, by motor vehicle, over irregular way of Wickliffe, Ky. intersection with Minnesota Highway 23, routes, transporting: (1) Printed adver­ thence along Minnesota Highway 23 to Interstate Commerce Commission its intersection with Interstate Highway tising matter, and (2) newspaper supple­ O ffice of Proceedings ments otherwise exempt from economic 35, thence along Interstate Highway 35 regulation under section 203(b)(7) of IRREGULAR-ROUTE MOTOR COMMON CARRIERS to its intersection with Minnesota High­ the Act when transported in mixed loads OF PROPERTY— ELIMINATION OF GATEWAY way 70, thence along Minnesota Highway with printed advertising matter, from, APPLICATIONS 70 to the Wisconsin-Minnesota State the facilities of the .Oklahoma Publishing January. 15,1975. line, and points in Missouri south and Co., Web Offset Division, at or near Okla­ The following applications to eliminate west of a line beginning at the Kan- homa City, Okla., to Washington, D.C. gateways for the purpose of reducing sas-Missouri State line and extending The purpose of this filing is to eliminate highway congestion, alleviating air and east along U.S. Highway 54 to its the gateway of Montgomery County, noise pollution, minimizing safety haz­ intersection with Missouri Highway 5, Kansas. ards, and conserving fuel have been thence south along Missouri Highway 5 to the Arkansas-Missouri State line; No. MC 119988 (Sub-No. E47), filed filed with the Interstate Commerce Com­ mission under the Commission’s Gateway (5) between points in Montana, North June 3, 1974. Applicant: GREAT WEST­ Dakota, South Dakota, Texas, Okla­ ERN TRUCKING CO., ING , P.O. Box Elimination Rules (49 CFR 1065(d) (2 )), and notice thereof to all interested per­ homa and Arkansas, on the one hand, Box 1384, Lufkin, Texas 75902. Appli­ and, on the other, points in Maine, cant’s representative: Joe E. Kinard, 201 sons is hereby given as provided in such rules. New Hampshire, Massachusetts, Con­ W. Commerce St., Dallas, Texas 75208. necticut, Rhode Island, New Jersey, Authority sought to operate as a common Carriers having a genuine interest in New York, Delaware, Maryland, Penn­ carrier, by motor vehicle, over irregular an application may file an original and sylvania, Virginia, North Carolina, West routes, transporting: (1) Printed adver­ three copies of verified statements in Virginia, Ohio, Indiana, Michigan, Wis­ tising matter, and (2) newspaper supple­ opposition with the Interstate Commerce consin, Illinois, Iowa, Nebraska, the Dis­ ments otherwise exempt from economic Commission within 30 days from the date trict of Columbia, points in Minnesota regulations under Section 203(b)(7) of of publication. (This procedure is out­ on, south and east of a line beginning the Act when transported in mixed loads lined in the Commission’s report and at the Iowa-Minnesota State line and with printed advertising matter, from order in Gateway Elimination, 119 M.C.C. extending north along U.S. Highway 59 the f acilities of Allied Printers and Pub­ 530.) A copy of the verified statement in to its intersection with Minnesota High­ lishers at or near Tulsa, Okla., to points opposition must also be served upon ap­ way 23, thence along Minnesota Highway in California (except San Francisco) on plicant or its named representative. The 23 to its intersection with Interstate and north of a line beginning at the Cali-* verified statement should contain all Highway 35, thence along Interstate fomia-Arizona State line and extending the evidence upon which protestant relies Highway 35 to its intersection with Min­ along Interstate Highway 40 to junction in the application proceeding including nesota Highway 70, thence along Min­ California Highway 58, thence along Cal­ a detailed statement of protestant’s in­ nesota Highway 70 to the Wisconsin- ifornia Highway 58 to junction Califor­ terest in the proposal. No rebuttal state­ Minnesota State line, and St. Louis, Mo.; nia Highway 99, thence along California ments will be accepted. (6) between points in Colorado, Missouri, Highway 99 to junction California High­ No. MC 564 (Sub-No. 1ÓG), filed Michigan, and Kansas, on the one hand, way 46, thence along California Highway June 4, 1974. Applicant: DUDLEY’S and, on the other, points in Nebraska, 46 to Pacific Ocean. The purpose of this TRANSCONTINENTAL MOVERS, 2120 Minnesota, Iowa, Missouri, Illinois, Wis­ filing is to eliminate the gateway of that Adams St., Lincoln, Nebr. 68501. Appli­ consin, Michigan, Indiana, Ohio, West part of Texas on and east of a line begin­ cant’s representative: Rolland C. Dudley, Virginia, Virginia, North Carolina, Mary­ ning at the Texas-Oklahoma boundary P.O. Box 82046, Lincoln, Nebr. 68501. Au­ land, New Jersey, Delaware, New York, line and extending along U.S, Highway thority sought to operate as a common Pennsylvania, Connecticut, Rhode Is­ 81 to junction U.S. Highway 181, thence carrier, by motor vehicle, over irregular land, Massachusetts, New Hampshire,

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3270 NOTICES

Maine, and the District of Columbia. thereof, Portage, Ind., and points in the ties, Pa., and points in West Virginia (7) between points in Nebraska, Colo­ Chicago, HI., Commercial Zone). The north of U.S. Highway 40. The purpose rado, Iowa, Wisconsin, Missouri, and purpose of this filing is to eliminate the of this filing is to eliminate the gateway points in Minnesota on, south, and east gateway at Detroit, Mich. (A ) (3) from at Columbiana, Ohio. points in Ohio on and north of Interstate of a line beginning at the Iowa-Minne- No. MC 35628 (Sub-No. 358G), filed Highway 70, to Louisville, Ky. The pur­ sota State line and extending north along June 4, 1974. Applicant: INTERSTATE pose of this filing is to eliminate the gate­ U.S. Highway 59 to its intersection with MOTOR FREIGHT SYSTEM, a Cor­ Minnesota Highway 23, thence along ways at Detroit, Mich., and Kokomo, Ind. (A ) (4) from points in Ohio, to points in poration, 134 Grandville SW., Grand Minnesota Highway 23 to its intersection Rapids, Mich. 49502. Applicant’s repre­ Illinois and St. Louis, Mo. The purpose of with Interstate Highway 35, thence along sentative: Chandler L. van Orman, 704 this filing is to eliminate the gateways at Interstate Highway 35 to its intersection Southern Building, 15th & H Streets NW., with Minnesota Highway 70, thence Detroit, Mich., Portage-Gary and Koko­ Washington, D.C. 20005. Authority mo, Ind. (A ) (5) from points in Hlinois along Minnesota Highway 70 to the Wis­ sought to operate as a common carrier, and St. Louis, Mo., to points in Ohio. consin-Minnesota State line. (8) be­ by motor vehicle, over irregular routes, The purpose of this filing is to eliminate tween points in Nebraska, Wisconsin, transporting: (1) Meat,- from Sioux the gateways at Portage-Gary, Ind., and Iowa, and points in Minnesota on, south Falls, S. Dak., to Oklahoma City, Okla. Toledo, Ohio. (A ) (6) (a) from Silver and east of a line beginning at the Iowa- The purpose of this filing is to eliminate Minnesota State line and extending Creek, N.Y., to Ann Arbor, Coldwater, Detroit, Jackson, Pontiac, Sturgis, W il­ the gateway of Trenton, Mo. (2) Meat, along U.S. Highway 59 to its intersection .(a) from Arkansas! City, Kans., to Fre­ with Minnesota Highway 23, thence along low Run, and Ypsilanti, Mich.; (b) from Westfield, N.Y., to Ann Arbor, Battle mont, Nebr.; (b) between Wichita, Kans. Minnesota Highway 23, to its intersec­ and Fremont, Nebr.; (c) from Fremont, tion with Interstate Highway 35, thence Creek, Coldwater, Detroit, Flint, Jack- son, Lansing, Pontiac, Sturgis, Willow Nebr., to Topeka, Kans.; (d) from Fre­ along Interstate Highway 35 to its inter­ mont, Nebr., to Hutchinson, Kans.; and section with Minnesota Highway 70, Run, and Ypsilanti, Mich.; and (c) from Erie, Pa., to Ann Arbor, Battle Creek, (e) from Fremont, Nebr., to Great Bend, thence along Minnesota Highway 70 Kans. The purpose of this filing in (2) to the Wisconsin-Minnesota State line, Coldwater, Detroit, Flint, Grand Rapids, Jackson, Kalamazoo, Lansing, Pontiac, above is to eliminate the gateway of St. on the one hand, and, on the other, points Joseph, Mo. in Kentucky and Tennessee. The purpose Port Huron, St. Joseph, Sturgis, Willow of this filing is to eliminate the gateways Rim, and Ypsilanti, Mich. The purpose No. MC 52565 (Sub-No. 8G), filed at Lincoln, Nebr., points in Illinois, W e­ of this filing in (A) (6) above, is to elim­ June 4, 1974. Applicant: MYERS natchee, Wash., Austin, Minn., and inate the gateways at Toledo and Co­ TRANSFER & STORAGE CO., a Corpo­ points within 150 miles‘thereof, points in lumbiana, Ohio. (A ) (7) between points ration, 418 Third Avenue, Huntington, that part of Missouri south of U.S. High­ in New York on and west of U.S. High­ W. Va. 25701. Applicant’s representative: way 54 and west of Missouri Highway 5 way 62, points in West Virginia on and Bob E. Myers (same address as appli­ including points on the indicated por­ north of U.S. Highway 40, points in cant). Authority sought to operate as a tions of the highways specified and points Pennsylvania on and west of U.S. High­ common carrier, by motor vehicle, over in Montana. way 219, on the one hand, and, on the irregular routes, transporting: Home- other, points in Illinois and St. Louis, hold goods, as defined by the Commis­ No. MC 5470 (Sub-No. 92G),. filed Mo. The purpose of this filing is to elim­ sion, between points in West Virginia, June 4, 1974. Applicant: TAJON, INC., inate the gateways at Columbiana, Ohio, Kentucky, and Ohio, on the one hand, R.D. #5, Mercer, Pa. 16137. Applicant’s Detroit, Mich., Portage-Gary and Koko­ and, on the other, points in Indiana, Il­ representative: Don Cross, 700 World mo, Ind. (A) (8) from Detroit, Mich., linois, the lower peninsula of Michigan, Center Building, 918 Sixteenth Street Kelsey Hayes Company, Romulus, Mich., Maryland, New Jersey, New York, North NW., Washington, D.C. 20006. Authority and Gilbraltar, Mich, (no die parts, die Carolina, South Carolina, Florida, Geor­ sought to operate as a common carrier, checking' fixtures, die models and jigs, gia, Pennsylvania, Tennessee, Virginia, by motor vehicle, over irregular routés, tools, patterns, and templates from and the District of Columbia. The pur­ transporting : Ferro alloys, in dump vehi­ Gilbraltar), to points in Erie County, Pa., pose of this filing is to eliminate the cles, from Johnstown, Pa., to Weirton, W. and points in Chautauqua and Cattarau­ gateways at points in Lawrence County, Va. The purpose of this filing is to elim­ gus Counties, N.Y., on and east of U.S. Ohio, Boyd County, Ky., Cabell and inate the gateway of North Lima, Ohio. Highway 62. The purpose of this filing Wayne Counties, W. Va. is to eliminate the gateway at Colum­ No. MC 29079 (Sub-No. 73G), filed biana, Ohio. (A ) (9) from points in New No. MC 59393 (Sub-No. 7G), filed June 4, 1974. Applicant: BRADA MIL­ York on and west of U.S. Highway 62, June 3, 1974. Applicant: BESTWAY LER FREIGHT SYSTEM, INC., 1210 points in Pennsylvania on and west of VAN LINES, INC., P.O. Box 1748, Mon­ South Union Street, P.O. Box 935, Koko­ U.S. Highway 219, and points in West terey, Calif. 93940. Applicant’s repre­ mo, Ind. 46901. Applicant’s representa­ Virginia on and north of U.S. Highway sentative: Sheldon Silverman, 1819 H tive: Edward K. Wheeler, 704 Southern 40, to points in Indiana (except Gary- St. NW., Washington, D.C. 20006. Au­ Building, 15th & H Streets NW., Wash­ Portage and Kokomo and within a radius thority sought to operate as a common ington, D.C. 20005. Authority sought to of 50 miles thereof. The purpose of this carrier, by motor vehicle, over irregular operate as a common carrier, by motor filing is to eliminate the gateways at routes, transporting: Household goods, vehicle, over irregulaf routes, transport­ Columbiana, Ohio, and Detroit, Mich. as defined by the Commission, between ing: (A ) Iron and steel products, die (B) Iron, iron and steel products, from points in Oklahoma, Kansas, and Texas. parts, die checking fixtures, die models Ashland, Ky., to points in Illinois and The purpose of this filing is to eliminate and jigs, tools, patterns and templates Indiana on and north of U.S. Highway the gateways at points in Kiowa County, when moved in connection with dies, (1) 24. The purpose of this filing is to elim­ Okla., and points 50 miles thereof, and from points in Ohio, to points in Michi­ inate the gateways at Detroit, Mich., Hobart, Okla., and points within 20 miles gan on and south of a line beginning at Gary-Portage and/or Kokomo, Ind. (C) thereof. Ludington, Mich., and extending along General commodities, between Toledo, U.S. Highway 10 to junction Business No. MC 70083 (Sub-No. 29G), filed Ohio, and points in New York west of June 4, 1974. Applicant: DRAKE MO­ Route U.S. Highway 10, thence along U.S. Highway 62 and Erie and Crawford Business Route U.S. Highway 10 to Mid­ TOR LINES, INC., 20 Olney Avenue, Counties, Pa. The purpose of this filing Cherry Hill, N.J. 08002. Applicant’s rep­ land, Mich., thence along Michigan is to eliminate the gateway at Colum­ Highway 20 to Saginaw River, thence resentative: Herbert Burstein, 1 World biana, Ohio. (D) Copper cable (out­ Trade Center, New York, N.Y. 10048. along the Saginaw River to Saginaw Bay. bound) and general commodities (in­ Authority sought to operate as a com­ The purpose of this filing is to eliminate bound), between Anaconda Wire and mon carrier, by motor vehicle, over ir­ the gateway at Toledo, Ohio. (A ) (2) Cable Company plantsite near LaGrange, regular routes, transporting: (1) Such from points in Ohio, to points in Indiana Ky., on the one hand, and, on the other, items as are dealt in by retail depart­ (except Kokomo, Ind., and 50 miles points in Washington and Green Coun­ ment stores, between points in that part

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3271

of Pennsylvania, east of a line begin­ Solvents Corp., at Terre Haute), and pose of this filing is to eliminate the ning at the Pennsylvania-New York Ohio. The purpose of this filing is to gateways at the plant site of General State line and extending along UJS. eliminate the gateway of Mt. Carmel, Printing Ink Corp., at or near Overland, Highway 11 to Lemoyne, Pa., thence ILL (e) from Pine Bluff, Ark., to points Mo., and North Kansas City, Mo., and along Interstate Highway 83 (formerly in Iowa. The purpose of this filing is to its commercial zone, (c) from the St. portion U.S. Highway 111) to York, Pa., eliminate the gateway of Dupo, HI. (f) Louis, Mo.-East St. Louis, HI., Commer­ thence along unnumbered highway (for­ from Springfield and Verona, Mo., to cial Zone as defined by the Commission merly portion U.S. Highway 111) points in Alabama, Louisiana, and Mis­ to points in Alabama, Mississippi, and through .Jacobus, Loganville, and sissippi. The purpose of this filing is to Texas. The purpose of this filing is to Shrewsbury, Pa., to the Pennsylvania- eliminate the gateway of Pine Bluff, Ark. eliminate the gateways of the plant site Maryland State line, on the one hand, (g) from Springfield and Verona, Mo., of General Printing Ink Corp., at or near and, on the other, points in the New to points in Hlinois, Indiana, Iowa, Ken­ Overland, Mo., and Pine Bluff, Ark. York, N.Y., Commercial Zohe. The pur­ tucky, and Tennessee. The purpose of No. MC 10788 (Sub-No. 6G), filed pose of this filing is to eliminate the this filing is to eliminate the gateway of June 4, 1974. Applicant: TOM ’S EX­ Dupo, HI. (h) from Springfield and Ve­ gateway of Philadelphia, Pa. PRESS, INC., 555'"West Federal Street, rona, Mo., to points in Ohio. The purpose (2) General commodities (except Youngstown, Ohio 44501. Applicant’s those of unusual value, Classes A and B of this filing is to eliminate the gateways representative: Paul F. Beery, 8 East of Dupo, 111., and Mt. Carmel, 111. (i) explosives, household goods as defined by Broad Street, Ninth Floor, Columbus, from White Hall, HI., to points in Ar­ the Commission, commodities in bulk, Ohio 43215. Authority sought to operate kansas, Kansas, Oklahoma, and Texas commodities requiring special equip­ as a common carrier, by motor vehicle, (except Harris County). The purpose of ment, and those injuriou§ or contaminat­ over irregular routes, transporting: (1) this filing is to eliminate the gateway of ing to other lading), between New York, Iron and steel and manufactured prod­ N.Y., and points in Bergen, Hudson, Springfield or Verona, Mo. (j) from White Hall, 111., to points in Louisiana. ucts thereof: (a) from points in Michi­ Essex Counties, N.J., points in that gan south of a line beginning at Indiana/ part of Passaic County, N.J., east and The purpose of this filing is to eliminate the gateway of Springfield or Verona, Michigan state - line, thence north on south of an imaginary straight line Michigan Highway 66 to the intersection running from Riverdale, N.J., to Oakland, Mo., and Pine Bluff, Ark. (2) calcined clay residue, dry, in bulk, from Owens- of Michigan Highway 66 and U.S. High­ N.J., and points in that part of Union way 12, thence east on U.S. Highway County, N.J., east of an imaginary ville, Mo., to points in the St. Louis, Mo.- East St. Louis, HI., Commercial Zone; 12 to the intersection of U.S. Highway straight line running from the northern 12, and U.S. Highway 127, thence north border of Union County through Union The purpose of this filing is to eliminate the gateway of Venice, HI. (3) liquid on U.S. Highway 127 to the intersection and Rahway, N.J., to the southern of U.S. Highway 127 and U.S. Highway boundary of Union, N.J. The purpose of sulfur trioxide, in bulk, in tank vehicles, (a) from Fairmont City, HI., to points in 94,. thence east on U.S. Highway 94 to this filing is to eliminate the gateway of the intersection of U.S. Highway 94 and New York, N.Y. (3) general commodities Arkansas, Oklahoma, and Texas (except Harris County, Tex.). The purpose of Michigan Highway 14, thence east on (except those of unusual value, Classes Michigan Highway 14 to the city of A and B explosives, household goods as this filing is to eliminate the gateways of Springfield or Verona, Mo. (b) from Detroit, to points in Pennsylvania on defined by the Commission, commodities and west of U.S. Highway 219; (b) from in bulk,' commodities requiring special Fairmont City, HI., to points in Louisiana. The purpose of this filing is to eliminate points in Michigan north and west of equipment, and those injurious or con­ a line beginning at Indiana/Michigan taminating to other lading) , between the gateways of Springfield or Verona, state line, thence north on Michigan points in Massachusetts, Connecticut, Mo., and Pine Bluff, Ark. (c) from the St. Louis, Mo.-East St. Louis, HI., Com­ Highway 66 to the intersection of Rhode Island, and those in New York east Michigan Highway 66 to U.S. Highway of the Hudson River and south o f a line mercial Zone, as defined by the Com­ 12, thence east on U.S. Highway 12 to beginning at Newburgh, N.Y., to New mission, to points in Alabama, Colorado, the intersection of U.S. Highway 12 and York, Connecticut State line, including Hlinois, Indiana, Kansas, Michigan, Mis­ New York, N.Y., and points in Nassau sissippi, Missouri, Ohio, South Carolina, U.S. Highway 127, thence north on U.S. Highway 127 to the intersection of County. The purpose of this filing is to and Wisconsin. The purpose of this filing eliminate the gateway of Boston, Mass. is to eliminate the gateway of Fairmont U.S. Highway 127 and U.S. Highway 94, City, HI. (d) from the St. Louis, Mo.- thence east on U.S. Highway 94 to the No. MC 82063 (Sub-No. 50G), filed East St. Louis, HI., Commercial Zone, intersection of U.S. Highway 94 and June 4, 1974. Applicant: KLIPSCH as defined by the Commission, to points Michigan Highway 14, thence east on HAULING CO., a Corporation, 119 E. in Oklahoma, Texas (except Harris Michigan Highway 14 to the city of Loughborough, S t Louis, Mo. 63111. Ap­ County, Tex.), and Arkansas. The pur­ Detroit, Mich., to points in Pennsyl­ plicant’s representative: E. Stephen pose of this filing is to eliminate the vania bounded and described as follows, Heisley, 805 McLachlen Bank Building, gateways of Fairmont City, HI., and on the east by U.S. Highway 219, on the 666 Eleventh Street NW., Washington, Springfield or. Verona, Mo. (e) from the north by New York/Pennsylvania state D.C. 20001. Authority sought to operate St. Louis, Mo.-East St. Louis, HI., Com­ line, on the west by the Pennsylvania/ as a common carrier, by motor vehicle, mercial Zone as defined by the Commis­ Ohio state line, then on the south by a over irregular routes, transporting: (1) sion, to points in Louisian^. The purpose line beginning at the Ohio/West Virginia Liquid chemicals, in bulk; in tank ve­ of this filing is to eliminate the gateways state line, thence east on Pennsylvania hicles, (a) from Dupo, HI., and points of Fairmont City, HI., Springfield or Ve­ Highway 68 to the intersection of in its commercial zone, to points in Okla­ rona, Mo., and Pine Bluff, Ark. (4) liquid Pennsylvania Highway 68 and U.S. homa and Texas (except Harris County, printers ink, in bulk, in tank vehicles, Highway 80, thence west on U.S. High­ Tex.). The purpose of this filing is to (a) from the St. Louis, Mo.-East St. way 80 to the intersection of U.S. High­ eliminate the gateway of Springfield or Louis, HI., Commercial Zone as defined way 80 and U.S. Highway 219; and (c) Verona, Mo. (b) from Dupo, HI., and by the Commission, to points in Kansas, from points in Michigan on and south points in its commercial zone, to points Nebraska, Iowa, Illinois, Kentucky, Ten­ of a line beginning at the shores of Lake in Alabama, Mississippi, Louisiana, and nessee, Arkansas, Oklahoma, Louisiana, Michigan, then east along Michigan Harris County, Tex. The purpose of this Indiana," and Ohio. The purpose of this Highway 21 to the intersection of filing is to eliminate the gateway of Pine filing is to eliminate the gateway of the Michigan Highway 21, and U.S. Highway Bluff, Ark. (c) from Dupo, HI., and points plant site of General Printing Ink Corp., 131, thence north along U.S. Highway in its commercial zone, to points in Ohio. at or near Overland, Mo. Ob) from the 131 to the intersection of U.S. Highway The purpose of this filing is to eliminate St. Louis, Mo.-East St. Louis, HI., Com­ 131 and Michigan Highway 20, thence east along Michigan Highway 20 to the gateway of Mt. Carmel, HI. (d) from mercial Zone as defined by the Commis­ the intersection of Michigan Highway Pine Bluff, Ark., to points in Indiana sion, to points in Colorado, North Dakota, 20 and U.S. Route 10, thence east along (except the plant site of Commercial South Dakota, and Wyoming. The pur­ U.S. Route 10 to the intersection of

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3272 NOTICES

U.S. Route 10 and Michigan Highway Tenn., to points in and east of Delaware, TRANSFER & STORAGE CORPORA­ 247, thence north along Michigan High­ Maryland, New Jersey, and New York. TION, 2727 Hollins Road NE., Roanoke, way 247 to the shores of Lake Huron The purpose of this filing is to eliminate Va. Applicant’s representative: Alan F. to points in Ohio on, east, and south of the gateways at Arkansas, Texarkana, Wohlstetter, 1700 K Street NW„ Wash­ a line beginning at Lake Erie and Inter­ Tex. and Stone County, Miss. (7) (a) ington, D.C. 20006. Authority sought to state Highway 71, thence south on posts, poles, piling, pallets, and lum-t operate as a common carrier, by motor Interstate Highway 71 to the intersection her, from points in Texas over 250* vehicle, over irregular routes, transport­ of Interstate Highway 71 and Interstate miles from Texarkana, Tex., to points ing: Household goods as defined by the Highway 70, thence west on Interstate in Iowa, Kansas, Minnesota, Nebras­ Commission, (1) between points in Highway 70 to the Ohio/Indiana state ka, North Dakota, Oklahoma, and Delaware, the District of Columbia, line. The purpose of. this filing is to South Dakota. The purpose of this Maryland, New Jersey, New York, North eliniinate the gateways at Weirton, filing is to eliminate the gateways at Carolina, Pennsylvania, South Carolina, W. Va.; Brooke and Ohio Counties, W. Arkansas, Louisiana, and Texas, (b) Tennessee, and West Virginia, on the Va. (2) Steel, and machinery, materials, lumber, from points in Texas over one hand, and, on the other, points in supplies and equipment incidental to or 250 miles from Texarkana, Tex., to Virginia, Ohio, North Carolina, Mary­ used in the operation and maintenance points in Colorado and New Mexico. The land, Pennsylvania, West Virginia, and of steel mills, between points in purpose of this filing is to eliminate the the District of Columbia. The purpose of Columbiana County, Ohio, on the one gateways at Hamlin, Acme, Rotan, Tex., this filing is to eliminate the gateways hand, and, on the other, points in the and points in Oklahoma. (8) (a) posts, of Harrisonburg, Waynesboro or Staun­ state of Michigan, on and south of U.S. poles, piling, pallets, and lumber, from ton, Va. (2) between points in Tennessee, Route 12, those in Pennsylvania on and Missouri, to points in Georgia, Illinois, on the one hand, and, on the other, points west of a line beginning at the inter­ Iowa, Kentucky, Mississippi, Nebraska, in New York and Delaware. The purpose section of Pennsylvania state line and North Carolina, Pennsylvania, Sputh of this filing is to eliminate the gateway Pennsylvania Highway 68, thence north Dakota, Wisconsin, Tennessee, and of points in Roanoke County, Va., within on Pennsylvania Highway 68 to the points in and east of New York. .The 35i miles of Roanoke, Va. intersection of Pennsylvania Highway 68 purpose of this filing is to eliminate the and Pennsylvania Highway 66, thence gateways at Arkansas, Texarkana, Tex., No. MC 17868 (Sub-No. 7G ), filed north on Pennsylvania Highway 66 to and Stone County, Miss, (b) lumber, June 4, 1974. Applicant: H. E. BRINK- the intersection of Pennsylvania High­ from Missouri, to points over 250 miles ERHOFF AND SONS TRANSPORTA-. way 66 and the Pennsylvania Highway from Texarkana, Tex., and points in TION CO., a Corporation, 1001 South 948, thence north on Pennsylvania High­ Kansas, Oklahoma, and Texas. The pur­ 14th Street, Harrisburg, Pa. 17104. Ap­ way 948 to the intersection of Pennsyl­ pose of this filing is to eliminate the plicant’s representative: Thomas R. vania Highway 948 and U.S. Nò. 6, gateways at points in Arkansas, Good­ Kingsley, Suite 1030, 1819 H Street NW., thence north on U.S. Highway No. 6 to man, Tenn., and points in Texas. (9) Washington D.C. 20006. Authority sought the intersection of U.S. Highway No. 6 posts, poles, piling, and lumber, from to operate as a common carrier, by motor and U.S. Highway 62, thence north on Mississippi, to points in Arkansas, Mis­ vehicle, over irregular routes, transport­ U.S. Highway 62 to the Pennsylvania/ souri, and points in jand east of Dela­ ing: Household goods, as defined by the New York state line. The purpose of this ware, Maryland, and New York. The Commission, (1) between points in Vir­ filing is to eliminate the gateway at purpose of this filing is to eliminate the ginia, on the one hand, and, on the Hancock County, W. Va. gateways at Goodman, Tenn., Texar­ other, points in North Carolina, South kana, Tex., and points in Louisiana. (10) Carolina, Georgia, Florida* Alabama, No. MC 100666 (Sub-No. 281G), filed lumber, from points in Mississippi, to Michigan, Maryland, Tennessee, Ken­ June 4, 1974. Applicant: MELTON points in Florida, Georgia, Illinois, In ­ tucky, West Virginia, Ohio, Missouri, TRUCK LINES, INC., P.O. Box 7666, diana, North Carolina, Ohio, and Vir­ New York, Illinois, Indiana, Iowa, Loui­ Shreveport, La. 71107. Applicant’s repre­ ginia. The purpose of this filing is to siana, Texas, the District of Columbia, sentative: Wilburn L. Williamson, 3535 eliminate the gateway at Urania, La. and those in Pennsylvania beyond a 75 N.W. 58th Street, 280 National Founda­ mile radius of Harrisburg; (2) between tion Life Bldg., Oklahoma City, Okla. No. MC 115703 (Sub-No. 7G), filed June 5, 1974. Applicant: KREITZ points in New Jersey, on the one hand, 73112. Authority sought to operate as a and, on the other, points in New York, common carrier, by motor vehicle, over MOTOR EXPRESS, INC., 220 Park Road North, Wyomissing, Pa. 19610. Appli­ Massachusetts, Connecticut, Rhode Is­ irregular routes, transporting: (1) Plas­ land, Vermont, New Hampshire, Mary­ tic pipe, from Oklahoma City, Okla., to cant’s representative: Robert D. Gunder- man, Suite 710, Statler Hotel, Buffalo, land, Maine, Ohio, and those in Penn­ points in Arizona and New Mexico. The sylvania beyond a 75 mile radius of purpose of this filing is to eliminate the N.Y. 14202. Authority sought to operate as a common carrier, by motor vehicle, Harrisburg; (3) between points in New gateways at Waco, Tex., and McPherson, York, on the one hand, and, on the Kans. (2) prefinished wall panels, com­ over irregular routes, transporting: Con­ tractors equipment, heavy and bulky ar­ other, points in New Jersey, Connect­ position hoard, wallboard, plywood, and icut, Rhode Island, Massachusetts, Il­ mouldings, and accessories incidental to ticles, machinery and machine parts, and articles which require special handling linois, Indiana, Ohio, Michigan, Iowa, the installation thereof, from Pittsburg, Tennessee, Kentucky North Carolina, Kans., to points in Missouri. The purpose or rigging, between points in Connecticut, Delaware, Maryland, Massachusetts, New South Carolina, Georgia, Florida, West of this filing is to eliminate the gateway Virginia, and those in Pennsylvania be­ at Miami, Okla. (3) composition hoard, Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Virginia, yond a 75 mile radius of Harrisburg; (4) from thè plantsite of U.S. Plywood- between points in Pennsylvania beyond Champion Papers, Inc., located near Ox­ West Virginia, and the District of Co­ lumbia, restricted against traffic be­ 75 miles of Harrisburg, Pa., on the one ford, Miss., to points in Tennessee. The hand, and, on the other, points in Mary­ purpose of this filing is to eliminate the tween: (A ) Connecticut, on the one hand, and, on the other, points in Mas­ land, Indiana, Illinois, Iowa, Michigan, gateway at West Memphis, Ark. (4) Kentucky, Tennessee, North Carolina, asphalt or composition lumber, from sachusetts, and Rhode Island; (B) Mas­ South Carolina, Georgia, Florida, Con­ Craig, Okla., to points in Virginia and sachusetts, on the one hand, and, on the necticut, Rhode Island, Massachusetts, West Virginia. The purpose of this filing other, points in Rhode Island; and (C) Vermont, New Hampshire, Maine, Ohio, is to eliminate the gateway at Miami, the District of Columbia, on the one Okla. (5) posts, poles, piling, and lumber, hand, and, on the other, points in Del­ West Virginia, New Jersey, New York, from points in Arkansas, to points in and aware, North Carolina, and Virginia. and the District of Columbia. (5) be­ The purpose of this filing is to eliminate tween points in North Carolina, on the east of Maryland, New Jersey, and New one hand, and, on the other, points in York. The purpose of this filing is to the gateways at Berks, Luzerne, and York Counties, Pa. West Virginia, Maryland, and Indiana; eliminate the gateways at Texarkana, (6) between points in the District of Tex., and Stone County, Miss. (6) lum­ No. MC 116400 (Sub-No. 4G), filed Columbia, on the one hand, and, on the ber,' from Memphis and Covington, June 4, 1974. Applicant: LAWRENCE other, points in Virginia, West Virginia,

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3273

North Carolina, and thosè in Pennsyl­ Mo., and those points in Iowa, Kansas, purpose of this filing is to eliminate the vania beyond a 75 mile radius of Harris­ Missouri, and Nebraska (except Glen- gateways at points in Nebraska. burg; and (7) between points in Mary­ wood, Iowa) along a line beginning at No. MC 134029 (Sub-No. 3G), filed land, on the one hand, and, on the other, Lincoln, Nebr., thence along U.S. High­ June 4,1974. Applicant: SIGEL’S HAUL­ points in North Carolina, South Carolina, way 77 to its intersection with U.S. ING, INC., P.O. Box 146, Cadiz, Ohio Georgia, Florida, Kentucky, Ohio, West Highway 36, thence along U.S. Highway 43907. Applicant’s representative: Paul Virginia, Indiana, Illinois, Iowa, Michi­ 36 to its intersection with U.S. Highway F. Beery, 8 East Broad St., Ninth Floor, gan, New York, New Jersey, Connecticut, 59, thence along U.S. Highway 59 to its Columbus, Ohio 43215. Authority sought Rhode Island, Massachusetts, Tennessee, intersection with U.S. Highway 34, to operate as a common carrier, by motor Vermont, New Hampshire, Maine, and thence along U.S. Highway 34 to Lincoln, vehicle, over irregular routes, transport­ the District of Columbia. The purpose Nebr., to points in the United States on in g :^ !) Mining machinery, equipment, of this filing is to eliminate the gateways and west of U.S. Highway 61. The pur­ and supplies, between points in Wash­ at points in Delaware, within a 75 mile pose of this filing is to eliminate the ington, Allegheny, and Fayette Counties, radius of Harrisburg, Pa., and Powells- gateways at Omaha, Nebr., and various Pa., on the one hand, and, on the other, ville, Md. points in Nebraska. (2) Unfrozen al­ points in West Virginia. The purpose of coholic beverages, from Belleville, No. MC 119689 (Sub-No. 12G), filed this filing is to eliminate the gateways Chicago, and Quincy, HI., Kansas City, at points in Wood and Pleasant Counties, June 4, 1974. Applicant: PEERLESS Mo., La Crosse, Milwaukee, and Wauke­ TRANSPORT CORP., 2700 Smallman W. Va. (2) Contractor’s equipment and sha, Wis., and points in New Jersey, to construction machinery, which because Street, Pittsburgh, Pa. 152227 Applicant’s points in the United States on and west representative: John A. Vuono, 2310 of size or weight require special equip­ of U.S. Highway 61, restricted against ment, between points in Calhoun, Wood, Grant Building, Pittsburgh, Pa. 15219. the transportation of commodities in Authority sought to operate as a common Pleasants, Wirt, Gilmer, Braxton, bulk to points in Idaho and New Mexico, Randolph, Pocahontas, Webster, Mason, carrier, by motor vehicle, over irregular and further restricted against the trans­ routes, transporting: Proceessed cheese, Putnam, Kanawha, Roane, Clay, Nicho­ portation of whiskey, in containers, from las, Greenbrier, Monroe, Summers, Fay­ raw cheese, pimentos, chemicals, and Linden, N.J., to Omaha, Nebr. (3) Al­ paper cartons between West Virginia, ette, Raleigh, Boone, Lincoln, Wayne, coholic beverages (except in bulk), from Cabell, Mingo, Logan, Wyoming, Mc­ Ohio, Kentucky, Illinois, Michigan, In­ Lawrenceburg, Ind., Cincinnati, Ohio, diana, Wisconsin, and Minnesota, on and points in Kentucky (except Frank­ Dowell, and Mercer Counties, W. Va., on the one hand, and, on thé other, points fort) , to points in the United States on the one hand, and, on the other, points in New York, Massachusetts, Rhode and west of U.S. Highway 61. The pur­ in West Virginia; and (3) Contractor’s Island, Connecticut, New Jersey, Dela­ pose of this filing in (2) and (3) above, equipment and heavy machinery, which ware, Virginia, Maryland, North Caro­ is to eliminate the gateway at Omaha, because of size or weight requires the lina, Tennessee, Mississippi, and Mis­ Nebr. (4) Alcoholic beverages (except use of special equipment, between points souri. The purpose of this filing is to malt beverages and except in bulk), from eliminate the gateway of Curwensville, points in Connecticut, Florida, Mary­ iri Putnam, Lincoln, Boone, Kanawha, Pa. land, Massachusetts, New York, and Roane, Clay, Nicholas, Fayette, and MC 124211 (Sub-No. 246G), filed Pennsylvania, to points in the United Raleigh Counties, W. Va., on the one May 31, 1974. Applicant: HILT TRUCK States on and west of U.S. Highway 61. hand, and, on the other, points in West LINE, INC., P.O.Box 988, D.T.S., Omaha, The purpose of this filing is to eliminate Virginia. The purpose of this filing in Nebr. 68101. Applicant’s representative: the gateway at North Sioux City, S. Dak. (2) and (3) above is to eliminate the Thomas L. Hilt (same address as ap­ (5) Alcoholic beverages (other than gateways at points in Pleasants, Wood, plicant) . Authority sought to operate as citrus and other than frozen), froija Wirt, and Jackson Counties, W. Va. a common carrier, by motor vehicle, over Mobile, Ala., to points in the United By the Commission. irregular routes, transporting: (1) Al­ States on and west of U.S. Highway 61, coholic beverages, from points in Louisi­ restricted against service to points in [seal] R obert L. O swald, ana, Tennessee, and Texas, Pekin and Secretary. Peoria, HI., Frankfort, Ky., Detroit, the Kansas City, Kans.-Mo., Commercial Mich., Minneapolis, Minn., and St. Louis, Zone, as defined by the Commission. The [P R Doc.75-1788 Piled l-17-75;8:45 am ]

FEDERAL REGISTER, V O L 40, NO. 13— MONDAY, JANUARY 20, 1975

MONDAY, JANUARY 20, 1975

WASHINGTON, D.C.

Volume 40 ■ Number 13

PART II

CONSUMER PRODUCT SAFETY COMMISSION

CHILDREN'S SLEEPWEAR, SIZES 7 THROUGH 14

Proposed Labeling and Recordkeeping Requirements, Policy Statement, and Solicitation of Comments 3276 PROPOSED RULES

CONSUMER PRODUCT SAFETY there is a possible need to amend the ing goods and has therefore proposed this COMMISSION Standard to allow exceptions to testing • time limit. However, the Commission under oven-dry conditions. The reasons seeks comment that would indicate the [1 6 C F R Ch. II] for this decision are discussed under expected life of these items in the mar­ CHILDREN'S SLEEPWEAR; SIZES 7 heading 4 below. ketplace, including all types of retail and THROUGH 14 (FF 5-74) Comments. A total of 33 comments wholesale f acilities. Proposed Amendment and Withdrawal of were received in response to the May 1, The Commision believes that labeling Finding of Possible Need for Amendment 1974 Notice of Possible Need for Amend­ is necessary in order to enable consumers ment. The major comments and the to distinguish complying frqm noncom­ In the F ederal R eg ister of May 1,1974 Commission’s responses to the comments plying items of children’s sleepwear, but (39 FR 15228), the Consumer Product are discussed below. it does not at this time believe that it is Safety Commission announced that 1. Affirmative labeling. The Commis­necessary to require sucb labeling indef­ amendments may be needed to the sion stated in the May 1, 1974 Notice initely. The educational value of the Standard for the Flammability of Chil­ that it may be. necessary to amend the labeling, while important, may be bet­ dren’s Sleepwear, sizes 7 through 14 (FF Standard to require items which comply ter achieved through providing more de­ 5-74) (39 FR 15214) and instituted pro­ with the Standard to bear affirmative tailed information to the public through ceedings for the determination of ap­ labeling to enable consumers to distin­ both governmental and private channels. propriate amendments. The Standard guish complying from noncomplying was issued by the Commission under the b. Applicability to fabric. One commen- items of children’s sleepwear in sizes 7 Flammable Fabrics Act (15 U.S.C. 1191 ter stated that affirmative labeling should through 14. The Commission suggested et seq.). The Standard, which becomes apply to y ard goods intended or promoted that the labeling be required from the effective on May 1,1975, requires that all for use in children’s sleepwear in sizes 7 effective date of the Standard until through 14 as well as to garments. items« of children’s sleepwear in sizes 7 stocks of noncomplying items can rea­ through 14 manufactured on or after the Discussion. The Commission agrees and sonably be expected to be exhausted. proposes that both garments and f abric effective date must comply with the Fifteen commenters specifically men­ Standard. intended or promoted for use in chil­ tioned affirmative labeling. Of these, only dren’s sleepwear in sizes 7 through 14 and The purpose of this notice is to pro­ one was opposed to the concept. The pose an amendment to the Standard to manufactured after the effective date of major issues raised by the commenters the Standard be affirmatively labeled. require that items of sleepwear in sizes and the Commission’s views on the basis 7 through 14 which are manufactured on ■ The Commission believes this require­ of comments received to date are as ment is necessary to protect all con­ or after the effective date of the Standard follows: must be labeled with an affirmative label sumers, including those who purchase stating that the item complies with the a. Duration of labeling required. Com­fabric to make sleepwear garments in Standard. Under the terms of the Stand­ menters suggested various lengths of sizes 7 through 14. ard, all such items must comply with the time during which affirmative labeling c. Labeling as to noncompliance. Two Standard. This proposed amendment should be required. Two commenters commenters suggested that the Commis­ was one of four issues the Commission stated that affirmative labeling should be sion require noncomplying items of chil­ listed in the May 1, 1974 Notice of Pos­ required for an indefinite period of time, dren’s sleepwear in sizes 7 through 14 sold sible Need for Amendment of the Stand­ or permanently. Some commenters after May 1,1975 to be labeled with neg­ ard. stated that such labeling could serve as ative labels stating that they are not in In addition, in this notice, - the an educational tool to make consumers compliance, or, in the alternative, that Commission withdraws its finding of pos­ more aware of the dangers of flammable retailer segregation of complying and sible need for amendment to the Stand­ fabrics in general. It was also stated that noncomplying garments be required. permanent affirmative labeling is neces­ ard as to the three other possible Discussion. The Commission believes sary to protect consumers from non­ amendments mentioned in the F ederal this requirement is unnecessary because complying children’s sleepwear which R eg ister notice of May 1, 1974 (39 FR the affirmative labeling requirement could be accumulated in large quantities 15228). These possible changes for which would enable consumers to distinguish the Commission is withdrawing its find­ before the effective date of the standard complying from noncomplying children’s ing of possible need for amendment (stockpiled) and which could remain on sleepwear. In addition, elsewhere in the the marketplace for many years. include: F ederal R egister today, the Commission A. The possible need to define the term Other commenters suggested various is proposing rules and regulations under “manufacture” as used in the Standard time periods over Which affirmative label­ the Standard to require that noncomply­ to clarify which items of children’s sleep- ing should be required. The time ing and complying items of children’s wear in the production/distribution periods suggested included: (1) an sleepwear be physically separated at the chain on the effective date of the Stand­ indefinite period until satisfactory point of sale to consumers and that signs ard must comply with the Standard. evidence is presented that all noncompiy- identifying these items be posted. Ing articles have cleared the market­ B. The possible need to clarify for the d. Language of label. A retailer sug­ place, (2) one year with a provision that purpose of the Standard which items gested that the language of the aflfirma- are to be considered “in inventory or the matter be reevaluated toward the end of the period to determine whether tive.label be prescribed to prevent con­ with the trade” on the effective date of- fusion, to have a greater educational im­ noncomplying items have cleared the the Standard and therefore are exempt pact on consumers, and to avoid any market, (3) one year, (4) at least one from the Standard. temptation to expand and exaggerate in C. The possible need to allow, in spe­ or two years, (5) 18 months, (6) two years, (7) three years, and (8) five years. promotional claims the performance of cial cases, an exception to testing under flame retardancy. This commenter also oven-dry conditions under the Standard. Discussion. None of the commenters suggested that the Commission develop The Commission has determined that provided data to support their sugges­ wording that could be used uniformly it is not necessary to amend the Stand­ tions regarding the length of time af­ on garments complying with any gov­ ard to define the term “manufacture” firmative labeling should be required and ernmental flammability standard—State or to clarify which items are to be con­ none provided data to show how long it or federal. will take for noncomplying items of sidered “ in inventory or with the trade” Other commenters suggested the Com­ on the effective date of the Standard. children’s sleepwear in sizes 7 through 14 mission clearly specify the wording to Instead, the Commission has published to clear the marketplace after the ef­ appear on the label and suggested the elsewhere in the F ederal R egister today, fective date of the Standard. wording should be as brief as possible. a policy statement on these two issues The Commission believes affirmative Some commenters stated that the Com­ and has invited comment on the policy labeling is necessary only until such time mission should allow affirmative labels statement. The reasons for this deter­ as it can reasonably be expected that to reference either FF5-74 or the Stand­ mination are discussed below under noncomplying items will be out of the ard for Flammability of Children’s Sleep- headings 2 and 3. marketplace. At this time, the Commis­ wear (for sizes 0-6X) (FF 3-71). An­ In addition, the Commission has sion believes that three years will be suf­ other commenter suggested the use of a decided to withdraw the finding that ficient to clear the market of noncomply­ symbol to indicate flame retardancy.

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 PROPOSED RULES 3277

Discussion. The Commission agrees labeling requirement expires, any State Therefore, for administrative expedi­ that it should specify the wording to be labeling requirement would be incon­ ency and to better provide notice to the used on affirmative labeling of items of sistent with the federal flammability public of the Commission policy, the sleepwear subject to the Standard and standard. Commission withdraws its Notice of Pos­ that the label statement should be con­ Discussion. This cpmment, in effect, sible Need for Amendment of the Stand­ cise and understandable. Therefore, the seeks a Commission interpretation of the ard as to these two issues, and elsewhere Commission proposes that items be la­ meaning of section 16 of the Flammable in the F ederal R egister today the Com­ beled “Flame-resistant. U.S. Standard Fabrics Act. That section provides: mission publishes a policy statement FF5-74.” Items of children’s sleepwear “ This Act is intended to supersede any clarifying the definitions of the terms in sizes 7 through 14 that comply with law of any State or political subdivision “manufacture” and “in inventory or with the standard for Children’s Sleepwear thereof inconsistent with its provisions.” the trade.” The comments on these is­ (sizes 0-6X) (FF 3-71) in addition to The comment is premature because in sues received in response to the May 1, FF5-74 may be labeled to that effect in the present document the Commission is 1974 Notice of Possible Need for Amend­ addition to the proposed required label­ proposing an amendment rather than ment are discussed in the policy state­ ing. However, the Commission believes issuing a final amended standard for ment. Although the Administrative Pro­ at this time that it would be unneces­ children’s sleepwear in sizes 7 through cedure Act does not require publication sarily confusing to allow items of sleep- 14. However, at this time, the Commis­ of general statements of policy or inter­ wear in sizes 7-14 to bear labels stating sion believes that if an affirmative label­ pretive rules for comment, the Commis­ only that they are in compliance with ing requirement is issued, the require­ sion will consider additional comment FF3-71. ment would supersede any affirmative on the policy statement. e. Permanency of label. Several com­ labeling requirement for children’s sleep- 4. Testing exceptions. Section .5(b) of mentera suggested that the affirmative" wear in sizes 7 through 14 issued by a the Standard requires that specimens labels need not be permanently affixed State or political subdivision thereof. from children’s sleepwear items be con­ because the purpose of the labels is to 2. Application of the Standard. The ditioned before testing by placing them identify complying goods to consumers Standard applies to all items of chil­ in a drying oven at 105° C. for 30 minutes. at the point of sale. One commenter dren’s sleepwear manufactured on or In the Notice of Possible Need, the Com­ suggested that if permanent labels were after the effective date of the Standard. mission sought comment as to the feasi­ required, that permanent care instruc­ In the May 1, 1974 Notice of Possible bility and necessity for allowing excep­ tions should be allowed to be placed on Need for Amendment, the Commission tions to testing under oven-dry condi­ the same label. Some commentera sug­ sought views on whether the term “ man­ tions, suggestions as to defining in what gested that temporary labels be allowed ufacture” should be defined to clarify circumstances exceptions should be al­ to be stamped on the garment or item, which items of children’s sleepwear in lowed, and copiment as to the maximum affixed to the garment or item, stamped the production/distribution chain on the relative humidity which should be al­ or affixed on the package, or contained effective date of the Standard must com­ lowed for testing under exceptions. on a hang tag. One commenter suggested ply with the Standard. The Commission a. Need for exceptions. A number of the affirmative label be required to be received a number of comments suggest­ commentera supported the need for ex­ permanently affixed to draw consumers ing different definitions of the term ceptions to oven-dry conditioning. A attention to the fact other unlabeled gar­ “ manufacture” for the purpose of the number of commentera contended that ments are flammable. Another com­ Standard. No commentera objected to oven-dry conditioning is inappropriate in menter stressed that the labels should clarifying the term. that it does not relate to real-life situa­ be prominent, permanent, conspicuous, 3. Clarification of exemption. In the tions. These arguments generally ad­ and legible. Notice of Possible Need for 'Amendment dressed two questions: (1) Do household Discussion. The Commission believes to the Standard, the Commission sought conditions exist that would cause fabrics the major purposes of the affirmative views on the time at which items, par­ to reach an “ oven-dry” state? and (2) labels would be to enable consumers to ticularly imported items, are to be con­ What effect does the human body have distinguish complying from noncomply­ sidered “in inventory or with the trade” on the moisture content of a garment ing items of sleepwear at the point of for purposes of the Standard. The Com­ fabric? One commenter indicated that sale. In addition the labeling would as­ mission also sought views on whether, or “the home is never bone-dry ! Under the sist the Commission in its èfforts to en­ in what circumstances, the exemption most adverse outdoor conditions, the in­ force compliance with the Standard. should be limited. Section 4(b) of the side humidity approaches 50 percent.” Therefore, at this time the Commission Flammable Fabrics Act provides that Another commenter stated that “relative does not believe it is necessary to require items in inventory or with the trade on humidities in various parts of the coun­ that labels be permanently affixed. The the effective date of the Standard are ex­ try are rarely below 25 percent.” Several Commission proposes that label state­ empt from the Standard, except that the others expressed concern that theoretical ments may appear on a hang tag, on the exemption may be limited or withdrawn extrapolations of outdoor conditions to item itself, or on the package enclosing if the Commission finds such items are indoor conditions by the National Bureau the item as long as the statements are so highly flammable as to be dangerous of Standards (NBS) may be inaccurate prominent, conspicuous, and legible and when used by consumers for the purpose in that they do not take into account readily visible at the point of sale to the for which they are intended, A number moisture input from human activity and ultimate consumer. The Commission does of commentera addressed the issues of home furnishings. Two commentera not believe that stamping the affirmative clarification of the term “in inventory or stated or implied that moisture from the label statement on items of sleepwear will with the trade” and withdrawing the ex­ body raises the moisture content in gar­ meet these requirements. More detailed emption. No commenter objected to clar­ ments so that oven-dry conditions would proposed requirements for the labels are ifying the term. be unlikely to occur. It was suggested that the Commission initiate a study to contained elsewhere in the F ederal R eg­ Discussion of 2 and 3. The Commis­ determine actual humidity conditions in ist e r today in a notice of a proposed reg­ sion believes it is ' necessary to clarify ulation under the Standard. both the definition of the term “manu­ homes and the moisture content of fabrics when being worn. f. Preemption. One commenter asked facture” and the term “in inventory or with the trade” for the purposes of the Discussion. A project was recently com­ the Commission to rule in the preamble pleted by NBS to determine the moisture to the amended Standard that any affir­ Standard. However, it is not necessary to amend the Standard for this purpose content of garments in actual use in mative labeling required by the Com­ relation to the surrounding environment. mission under the Standard would pre­ because such clarification would be an empt any state requirements for differ­ interpretative rule, general statement of The study included (1) determining the ent wording on affirmative labels for policy, or rule of agency procedure or relative humidity garments normally en­ children’s sleepwear in sizes 7 through practice and therefore notice of proposed counter in the home, (2) reproducing 14. rulemaking is not required under the Ad­ these conditions and measuring the ac­ The commenter also suggested that ministrative Procedure Act (5 U.S.C. 553 tual moisture content of the fabric, and the Commission state that even after the (b) (3) (A) ). (3) measuring the moisture content of

FEDERAL REGISTER, VOL. 4P, NO. 13— MONDAY, JANUARY 20, 1975 3278 PROPOSED RULES fabrics exposed to space heaters and open nology, it is no problem to obtain the ting” like nightgowns. In view of the fact fires. equipment for conditioning. that pajamas do bum and are capable of Indoor relative humidity was measured Discussion. The Commission is aware causing burn injuries, the Commission in three Washington area homes during through testing in the Engineering Sci­ has decided not to accept the exempting a seven-day period between February ences Laboratory and at NBS that many of close-fitting sleepwear such as pa­ and March, 1974. It was-found that these natural wool fabrics do not meet the re­ jamas from the Standard. actual measurements did not differ sig­ quirements of this Standard even if con­ (c) One commenter representing Linen nificantly from the theoretical values ditioned at 65 percent RH and 75 °F. Ac­ supply companies asked whether it may calculated for those outdoor conditions. cording to reports submitted by a wool rent its inventories of noncomplying The NBS study also cited a graphic repre­ industry representative, stabilizing treat­ items of children’s sleepwear in sizes 7 sentation of the frequency of occurrence ments allow some washable wool fabrics through 14 after the effective date of the of the hypothetical minimum indoor to pass the test requirements when con­ Standard. Although the Commission is relative humidity for 25 major U.S. cities. ditioned at relative humidities as low as concerned that such action could en­ This chart indicates that approximately 20 percent. The Commission concludes danger consumers, and urges companies 80 percent of the homes exhibit 40 per­ that wool fabrics are no different from not to rent noncomplying items, such cent RH or less during 7 months of the others in that they require a flame re­ rental of noncomplying items does not year and 75 percent of the homes exhibit tardant treatment in order to pass the appear to violate the Flammable Fabrics 30 percent RH or less for 6 months. Ac­ vertical flammability test. The FFACTS Act. tual measurements in homes indicated contains eight cases of bum injuries in­ (d) A number of commenters raised that relative humidities below 20 percent volving wool and wool blend fabrics issues outside this proceeding. These are not uncommon, especially during the which make it clear that such injuries do issues include suggestions for amend­ heating season. occur. Just as 65 percent RH, 70 °F is ment to the Standard for Flammability standard for some textile testing, so is The second portion of the NBS study of Children’s Sleepwear for sizes 0-6X oven drying a standard and reproduci­ (DOC FF 3-71), suggested provisions for was devoted to measuring the surface ble procedure for determining moisture moisture content of fabrics while being rules and regulations under FF 5-74, and regain of textile materials. a recommendation that the C o m mission worn as compared to the relative hu­ One commenter representing cotton midity of the room. For natural fiber gar­ amend the procedure for issuing stand­ producers stated that FF 5-74 condition­ ards under the Flammable Fabrics Act. ments such as cotton and wool, it ap­ ing requirements are overly severe for peared from the data that the moisture One commenter stated that consumers cotton; that the oven-drying requirement have difficulty in caring for garments content of close-fitting portions of a gar­ is not representative of real life situa­ ment differ significantly from equilibrium that meet the Standard DOC FF 3-71 ~ tions; and that it increases the cost of and suggested the Commission urge in­ room conditions. Loose-fitting portions, cotton products by requiring overtreat­ on the other hand, accurately reflect dustry to develop flame retardant fabric ment. To take into consideration the high that is safe, practical, and reasonably room conditions during wear. In the case moisture regain of cotton, the cotton pro­ priced. Two commenters suggested that of nylon and polyester garments, loose- ducers suggested amendment of FF 5-74 and close-fitting configurations exhibit to allow testing of all fibers at 65 per­ FF 5-74 apply to all clothing items. surface humidities close to the room cent relative humidity or possibly 50 The Commission believes it is inappro­ conditions. percent. priate to address these issues in this Another segment of the NBS study As previously stated, the Commission proceeding. revealed that exposure to a commercial believes that oven-dry conditioning is Conclussion. The Consumer Product space heater for as little as five minutes representative of real-life conditions. In Safety Commission preliminarily finds can effectively “oven-dry” a garment. view o f ihis, the Commission believes that that the following amendment to the This heating can remove more moisture testing exceptions for wool, cotton, and Standard for the Flammability of Chil­ from flame retardant cotton and wool other fibers should not be allowed. dren’s Sleepwear, sizes 7 through 14 (FF fabrics than the conditioning procedure Further information regarding the 5-74) is: of the Standard. About one-quarter of studies mentioned in this Notice is avail­ 1. Needed for children’s sleepwear in the FFACTS (Flammable Fabrics Acci­ able from the Office of the Secretary of sizes 7 through 14 to adequately protect dent Case and Testing System) apparel the Commission. the public ag&inst unreasonable risk of cases involve fabric ignitions by space On the basis of the foregoing, the Com­ the occurrence of fire leading to death, heaters, gas stoves, and open fires. Since mission withdraws the Notice of Possible personal injury, or significant property these accidents are often preceded by. Need for Amendment as to the issue of damage; and the victim warming himself in front of testing exceptions and does not propose 2. Reasonable, technologically practi­ these heat sources, the conditioning re­ an amendment to the Standard on this cable and appropriate, and stated in ob­ quirements of the Standard do reflect issue. jective terms; and real-life situations. 3. Limited to items of children’s 5. Other Topics, (a) One commentersleepwear in sizes 7 through 14 which b. Reasonableness of conditioning re­ expressed concern that the word polymer currently present unreasonable risks of quirements. Seven commenters supported had been added in paragraph .4(a) (4) testing exceptions for 100 percent wool of the Proposed and Final Standards. the occurrence of fire leading to death, personal injury, or significant property and predominately wool textile products. The Commission intended that produc­ damage. These commenters indicated that oven­ tion units of fabric dependent on chemi­ drying is an unreasonable conditioning cal reactants to polymer, fiber, yams, or Therefore, pursuant to provisions of requirement for wool because: (1) the fabrics should be tested after 50 laun­ the Flammable Fabrics Act (sec. 4, 67 oven-dry procedure would preclude the derings as required in FF 5-74. The Com­ Stat. 112, as amended 81 Stat. 569-70, use of wool in children’s sleepwear (sizes mission does not have the assurance that 15 U.S.C. 1193) and under authority 7-14), (2) oven-drying removes mois­ chemical reactants to polymers will re­ vested in the Consumer Product Safety ture that is normally present in wool main effective through the lifetime of a Commission by the Consumer Product fibers, (3) wool has never been involved garment. Safety Act (sec. 30(b), 86 Stat. 1231; 15 in a bum injury, and (4) oven-dry con­ (b) Another submission requested ex­ U.S.C. 2079(b)), the following amend­ ditioning is unrealistic. They indicated empting close-fitting sleepwear, such as ment is proposed to the Standard for the conditioning at 65 percent RH and 70 °F pajamas, from the requirements o f FF Flammability of Children’s Sleepwear; for 8 hours would be appropriate for wool 5-74. Data from accident cases show that sizes 7 through 14 (FF 5-74), (39 FR products for several reasons: (1) the pro­ a large number of bum injuries to chil­ 15214). I f finalized, the Commission in­ posed standard required these conditions, dren are caused by the ignition of pa­ tends that the amendment would become (2) 65 percent RH and 70° F are stand­ jamas. The data also shows that children effective on the effective date of the ard for testing of textiles, (3) 65 percent encounter the same ignition sources re­ Standard, May 1, 1975. RH, 70° F procedure gives excellent re­ gardless of whether their sleepwear is The provision of Section .6 of the producibility, and (4) with today’s tech­ “ close-fitting” like pajamas or “loose-fit­ Standard appearing after the title

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 PROPOSED RULES 3279 thereof, Labeling requirements, is desig­ 7 through 14 manufactured on or after § 302.21(d) of the proposed regulation nated as paragraph (a ). M ay'l, 1975 comply with the Standard. is to establish recordkeeping require­ A new paragraph is added to section The Commission intends that a final reg­ ments for manufacturers, importers, or .6, paragraph (b), to read as follows: ulation issued under this Standard will other persons initially introducing items (b) All items of children’s sleepwear become final on May 1,1975, the effective subject to the Standard into commerce. complying with this Standard and man­ date of the Standard. Generally, the regulation requires that ufactured on or after May 1, 1975 The Commission administers, in ad* the records establish a line of continuity through May 1, 1978, shall bear the fol­ dition to F F 5-74, the Standard for the through the process of manufacture of lowing label: “Flame-resistant. U.S. Flammability of Children's Sleepwear for each production unit of items subject to Standard FF 5-74.” The label must be sizes 0-6X (DOC FF 3-71) (37 FR 14625, the Standard to the sale and delivery of prominent, conspicuous, and legible and July 21, 1972), and the regulation issued the finished items, and from the specific readily visible at the point of sale to thereunder (16 CFR 392.19; 39 FR 4852; finished items back to the manufacturing ultimate consumers. The label statement February 7, 1974). The Commission also records. may be attached to the item itself, on a proposed an additional regulation under Provisions of proposed § 302.21(d) (1) hang tag attached to the item, or on a DOC F F 3-71 in the F ederal R egister of set forth general requirements for rec­ package enclosing the item. The label February 7,1974 (39 FR 4855). ords which must be maintained for both need not be affixed permanently. The regulation proposed in this docu­ fabric production units and garment pro­ Interested persons are invited to sub­ ment for children’s sleepwear in sizes 7 duction units. Provisions of proposed mit on or before February 19, 1975, writ­ through 14 is similar to the regulation § 302.21(d) (2) contain additional rec­ ten comments regarding these proposed and proposed amended regulation under ordkeeping requirements applicable only amendments. Comments received after the Standard for children’s sleepwear in to fabric production units; and proposed that date will not be considered. Com­ sizes 0 through 6X (DOC FF 3-71). §§ 302.21(d) (3) and (4) contain addi­ ments and any accompanying material Paragraph .6 of the Standard for sizes tional recordkeeping requirements ap­ should be submitted, preferably in five 7 through 14 (FF 5-74) states that the plicable only to garment production copies, to the Secretary, Consumer Prod­ Commission may establish rules and re­ units. uct Safety Commission, Washington, gulations governing the labeling of items The records required for every pro­ D.C. 20207. Received comments may be subject to the .Standard. The provisions duction unit must relate that unit to a seen in the Office of the Secretary, Room of the proposed regulations which estab­ production unit identification number, 1025, 1750 K Street, NW, Washington, lish labeling requirements appear in letter or date, which is required to be D.C., dining working hours, Monday § 302.21(b). ' placed on a permanent, accessible and through Friday. Elsewhere in the F ederal R eg ister to­ legible label on all items in that produc­ day the Commission proposes to amend tion unit in accordance with the pro­ Dated: January 14, 1975. the Standard for sizes 7 through 14 to visions of § 302.21(b) (7) of the proposed S ad y e E. D u n n , require that sleepwear subject to the regulation. Secretary, Standard manufactured on or after May Provisions of proposed § 302.21(e) pre­ Consumer Product Safety Commission', 1, 1975 through May 1, 1978 be affirma­ scribe recordkeeping requirements for persons subject to the Flammable Fabrics [FR Doc.75-1626 Filed l-17-75;8:45 am] tively labeled to indicate compliance with the Standard. The proposed regulation Act who market or handle items subject published below at § 302.21(b) (8) would to the Standard but who do not initially [ 16 CFR Part 302 ] set requirements for items subject to the introduce those items into commerce. CHILDREN’S SLEEPWEAR, SIZES 7 proposed amendment to the Standard. Those persons would be required to THROUGH 14 Neither the Standard for sizes 0 through maintain records for a period of three 6X (DOC FF 3-71) nor the regulations years to: (1) identify the items marketed Proposed Labeling, Recordkeeping,, and under that Standard contain a provision or handled; (2) identify the source of Other Requirements Under Standard those items; (3) establish the date those FF 5-74 of this kind. The Standard applies to all items of items were received; (4) identify the In this document, the Consumer Prod­ children’s sleepwear in sizes 7 through purchaser of those items, except ulti­ uct Safety Commission proposes tp issue 14 manufactured on or after May 1,1975. mate retail purchaser; and (5) establish a regulation (16 CFR 302.21) under the Experience with the flammability stand­ the date of sale to purchasers, except the Standard for the Flammability of Chil­ ard for children’s sleepwear in sizes 0-6X date of sale to ultimate retail purchasers. dren’s Sleepwear; sizes 7 through 14 indicates to the Commission that for Provisions of § 302.21(f) of the pro­ (FF 5-74) (39 FR 15214). The proposed some period of time after the effective posed regulation prescribe the testing regulation would set requirements for: date of FF 5-74 retail stores may continue which is required for issuing guaranties 1. Labeling of items subject to the to sell exempt items of children’s sleep- for items subject to the Standard under Standard; wear in sizes 7 through 14 which do not section 8 of the Flammable Fabrics Act. 2. Displaying of items of children’s comply with the Standard, and at the Proposed § 302.21(g) provides that sleepwear in sizes 7 through 14 when same time begin to sell items which do persons subject to the Standard must those items are offered for sale to con­ comply with the Standard. Provisions of comply with the regulation at § 302.21. sumers in retail establishments; § 302.21 (c) of the proposed regulation are Pursuant to provisions of the Flam­ 3. Recordkeeping by persons who intended to help consumers distinguish mable Fabrics Act (section 5, 67 Stat. market or handle items of children’s those items of children’s sleepwear in 112-13, as amended 81 Stat. 571; 15 sleepwear subject to the Standard; and sizes 7 through 14 which comply with the U.S.C. 1194) and under authority vested in the Consumer Product Safety Com­ 4. Testing for guaranty purposes under Standard from those which do not. This the Standard. paragraph requires dealers who offer mission by the Consumer Product Safety Act (Pub. L. 92-573, section 30(b), 86 The proposed regulation and the noncomplying items of children’s sleep- Stat. 1231; 15 U.S.C. 2079(b)), the Com­ Standard for the Flammability of Chil­ wear in sizes 7 through 14 for sale to dren’s Sleepwear; sizes 7 through 14 are mission proposes to issue 16 CFR 302.21 consumers in retail establishments to as follows: issued under the Flammable Fabrics Act segregate those items of children’s sleep- (15 U.S.C. 1191 et seq.). Functions under wear which comply'with the Standard § 302.21 Children’s sleepwear sizes 7 that Act were transferred to the Con­ from those which do not, and to post through 14 labeling, recordkeeping, sumer Product Safety Commission effec­ clear and conspicuous signs at the loca­ retail display, and guaranties under tive May 14,1973 by section 30(b) of the tion of the merchandise to identify dis­ FF 5-74. Consumer Product Safety Act (15 U.S.C. plays of complying and noncomplying (a) Definitions. For the purpose of 2079(b)). Section 5 of the Flammable items of children’s sleepwear in sizes 7 this section, the following definitions Fabrics Act authorizes this Commission through 14. apply: to promulgate regulations for the en­ Paragraph .4 of the Standard sets forcement and administration of the sampling and acceptance procedures and (1) “ Standard” means the “ Stand­ Flammable Fabrics Act. paragraph .5 of the Standard sets test ard for the Flammability of Children’s The Standard FF 5-74 requires that procedures to be followed by those sub­ Sleepwear; Sizes 7 through 14 (FF all items of children’s sleepwear in sizes ject to the Standard. The purpose of 5-74),” promulgated by the Consumer FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3280 PROPOSED RULES

Product Safety Commission in the F ed ­ to samples, swatches, or specimens prom­ ing Act of 1939 appears on an Invoice er al R egister o f May 1, 1974 (39 F R inently, permanently, conspicuously, used in lieu of labeling, the fabric pro­ 15214). truthfully and legibly labeled: “ Flam­ duction unit identification required by (2) “ Children’s sleepwear” means mable. Sample only. Not for use or re­ this section may be placed clearly, con­ “children’s sleepwear” as defined in .2(a) sale. Does not meet Standard for the spicuously, and legibly on the same in­ of the Standard, that is, “any product of Flammability of Children’s Sleepwear; voice in lieu of labeling. wearing apparel size 7 through 14, such Sizes 7 through 14 (FF5-74).” (8) All items complying with Standard as nightgowns, pajamas, or similar or re­ (6) The information required on labels and manufactured on or after May 1, lated items, such as robes, intended to by this section shall be set forth sep­ 1975, through May 1,1978, shall bear the be worn primarily for sleeping or ac­ arately from any other information ap­ following label: “Flame-resistant. U .S . tivities related to sleeping. Underwear pearing on the same label. Other infor­ Standard FF 5-74.” The label must be and diapers are excluded from this mation, representations, or disclosures prominent, conspicuous, and legible and definition.” not required by this section but placed readily visible at the point of sale to (3) “Item” means “item” as defined on the same label with information re­ ultimate consumers. The label statement in .2(c) of the Standard, that is, “any quired by this section, or placed on other may be attached to the item itself, on a product of children’s sleepwear or any labels elsewhere on the item, shall not hang tag attached to the item, or on a fabric or related material intended or interfere with the information required package enclosing the item. The label promoted for use in children’s sleep- by this section. No person, other than need not be affixed permanently. The wear.” the ultimate consumer, shall remove, letters of the label must be at least 0.4 (4) “Market or handle” means any one mutilate, or cause or participate in the centimeters (one-sixth of an inch) in or more of the transactions set forth in removal or mutilation of any label re­ height and in a color which contrasts Section 3 of the Flammable Fabrics Act quired by this section to be affixed to any with the background of the label. (15U.S.C. 1192). item. (c) Segregation of complying and (5) The definition of terms set forth (7) Every manufacturer, importer, or noncomplying items by retailer. Every in .2 of the Standard shall also apply to other person (such as converter) initial­ person who sells non-complying items this section. ly introducing items subject to the (as defined in paragraph .2(c) of the (b) Labeling. {1) Where any agent or Standard into commerce §hall assign to Standard and § 302.21(a) (3) of this sec­ treatment is known to cause deteriora­ each item a unit identification (number, tion) at retail stores or other establish­ tion of flame resistance or otherwise letter or date, or combination thereof) ments open to the general public where causes an item to be less flame resistant, sufficient to identify and relate to the goods are offered for sale shall: i such item shall be prominently, perma­ fabric production unit or garment pro­ (1) Display the items which comply nently, conspicuously, and legibly labeled duction unit of which the item is a part. with the Standard, and for which the with precautionary care and treatment Such unit identification shall be desig­ seller has documentary evidence of such instructions to protect the item from nated in such a way as to indicate that compliance, so that no other merchan­ such agent or treatment. it is a production unit identification un­ dise is intermingled with those items; (2) I f the item has been initially der the Standard. The letters “ GPU” and identify such complying items with tested under .5(c) (4) of the Standard and “FPU” may be used to designate a at least one sign, with black letters at after one washing and drying, it shall garment production unit identification least 2.5 centimeters (one inch) in height be prominently, permanently, conspicu­ and fabric production unit identification, against a solid white background, bear­ ously and legibly labeled with instruc­ respectively, at the option of the labeler. ing the statement “Flame resistant. tions to wash before wearing. (i) Each garment subject to the Stand­ Complies with the Standard for the (3) Where any fabric or related ma­ ard shall bear a label with m inim um Flammability of Children’s Sleepwear terial intended or promoted for use in dimensions of 1.3 centimeters (0.5 inch) (FF 5-74).” children’s sleepwear subject to the by 1.9 centimeters (0.75 inch) containing (2) Display all other items of chil­ Standard is sold or intended for sale to tne appropriate garment production unit dren’s sleepwear, sizes 7 through 14, at the ultimate consumer for the purpose of identification for that garment in let­ a separate location within the store and conversion into children’s sleepwear, ters at least 0.4 centimeter (one-sixth identify those items with at least one each bolt, roll, or other units shall be of an inch) in height and in a color sign, with black letters at least 2.5 centi­ labeled with the information required which contrasts with the background of meters (1 inch) in height against a solid by this section. Each item of fabric or the label, or shall have such information white background, bearing the statement related material sold to an ultimate con­ clearly, conspicuously, and legibly “Flammable. Does Not Meet Standard sumer must be accompanied by a label, stamped on the garment itself in letters for the Flammability of Children’s Sleep- as prescribed by this section, which can at least 0.4 centimeters (one-sixth of an wear (FF 5-74).” 1 by normal household methods be per­ inch) in height, in a color which con­ (3) Segregate these items of children’s manently affixed by the ultimate con­ trasts with the background, and at least sleepwear, sizes 7 through 14, which com­ sumer to any item of children’s sleep- 2.54 centimeters (1 inch) in every direc­ ply with the Standard, and for which wear made from such fabric or related tion from any other information. The the seller has documentary evidence of material. stamp or label containing the garment such compliance, so that they shall not (4) Where items required to be labeled production unit identification must be be located ' within 91 centimeters (36 or stamped in accordance with the para­ of such construction, and affixed to the inches) of any other items of children’s graphs (b) (1), (b) (2), (b) (3), and (b), garment in such a manner, as to remain sleepwear, sizes 7 through 14, when dis- , (7), of this section are marketed at re­ on or attached to the garment and legible played for sale to consumers. tail in packages, and the required label and visible at the point of sale and (d) Records—manufacturers, import­ or stamp is not readily visible to prospec­ throughout its intended period of use. ers, or other persons initially introduc­ tive purchasers, the packages must also (ii) The fabric production unit iden­ ing items into commerce— (1) General. be prominently, conspicuously, and leg­ tification shall appear in letters at least Every manufacturer, importer, or other ibly labeled with the required informa­ 0.4 centimeters (one-sixth of an inch) person (such as a converter) initially in­ tion. in height against a contrasting back­ troducing into commerce items subject (5) Samples, swatches, or specimens ground on each label that relates tosueh to the Standard, irrespective of whether used to promote or effect the sale of items fabric and is required by the Textile guaranties are issued under paragraph subject to the Standard shall be labeled Fiber Products Identification Act (15 (f ) of this section, shall maintain writ­ in accordance with this section with U.S.C. 70-70k) and the regulations there­ ten and physical records as hereinafter information required by this section: ex­ under (16 CFR 303.1 through 303.45) or specified. The records required must es- ; cept that such information may appear by the Wool Products Labeling Act of tablish a line of continuity through the on accompanying promotional materials 1939 (15 U.S.C. 68-68j) and the regula­ process of manufacture of each produc­ attached to fabric samples, swatches, or tions thereunder (16 CFR 300.1 through tion unit of articles of children’s sleep-] specimens used to promote the sale of 300,36). When the information required wear, or fabrics or related materials in-] fabrics to garment manufacturers. This by the Textile Fiber Products Identifica­ tended or promoted for use in children’s requirement shall not apply, however, tion Act or by the Wool Products Label­ sleepwear, to the sale and delivery of the]

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 PROPOSED RULES 3281 finished items and from the specific this section, the written and physical such garments meets the laundering re­ finished item to the manufacturing rec­ records maintained with respect to each quirements of the Standard. ords. Such records shall show with re­ fabric production unit shall include (i) (iv) Data sufficient to show that tested spect to such items : finished fabric samples sufficient to re­ samples were selected from the produc­ (1) Details, description and identifica­ peat the fabric sampling procedure re­ tion unit at random from regular tion of any and all sampling plans en­ quired by .4 of the Standard for each production. gaged in pursuant to the requirements production unit marketed or handled; (v) Written data that will enable the of the Standard. Such records must be and (ii) records to relate the samples Commission to obtain and test garments sufficient to demonstrate compliance to the actual fabric production unit. under any applicable compliance market with such sampling plan(s) and must re­ Upon written request of any duly au­ sampling plan. late the sampling plan(s) to the actual thorized employee or agent of the Com­ (5) Record retention requirements. items produced, marketed, or handled. mission, samples sufficient for the sam­ The records required by this paragraph This requirement is not limited by other pling and testing of any production unit (d) shall be maintained for 3 years, ex­ provisions of this paragraph (d ). in accordance with the Standard shall be cept that records relating to prototype (ii) Garment production units or fab­ furnished from these records within the testing shall be maintained for so long as ric production units of all garments or time specified in the written request. they are relied upon as demonstrating fabrics marketed or handled. The records (3) Garments—prototype testing. In compliance with the prototype testing re­ must relate to an appropriate production addition to the records specified in para­ quirements of the Standard and shall be unit identification on or affixed to the graph (d )(1 ) of this section, the follow­ retained for 3 years thereafter. item itself in accordance with paragraph ing written and physical records shall be (e) Records—persons not subject to (b )(7 ) of this section, and the produc­ maintained with respect to the garment paragraph (d) of this section. Any per­ tion unit identification must relate to the prototype testing required by the Stand­ son not subject to paragraph (d) of this garment production unit or fabric pro­ ard: section who markets or handles items duction unit. t (i) Specification; fiber content, and subject to the Standard shall keep and (iii) Test results and details of all tests details of construction on all seams, fab­ maintain for 3 years records to show the performed both prototype and produc­ rics, threads, stitches, and trims used in source, date of receipt, and identity of tion, including char lengths of the each garment style or type upon which items marketed or handled; the identity samples required to be tested, details of prototype testing was performed, relat­ of purchasers (other than ultimate re­ the sampling procedure employed, name ing the same to such garment style or tail purchasers); and the date of sale and signature of person conducting tests, type and to all production units to which (other than the date of sale to ultimate date of tests, and all other records neces­ such prototype testing is applicable. retail purchasers). sary to demonstrate compliance with the (ii) Samples sufficient to repeat the (f) Tests for guaranty purposes. Rea­ test procedures and sampling plan speci­ prototype tests required by .4 of the sonable and representative tests for the fied by tiie Standard or authorized alter­ Standard for all fabrics, seams, threads, purpose of issuing a guaranty under sec­ nate sampling plan. stitches, and trims used in such proto­ tion 8 of the Flammable Fabrics Act (15 (iv) Disposition of all failing or re­ type testing, relating such samples to the U.S.C. 1197) for items subject to the jected items. Such records must dem­ records required by this paragraph (d ), Standard shall be those tests performed onstrate that the items were retested or including the information required by pursuant to any sampling plan or au­ reworked and retested in accordance paragraph (d) (3) (i) of this section. Upon thorized alternative sampling plan en­ with the Standard prior to sale or distri­ the written request of any duly author­ gaged in pursuant to the requirements of bution and that such retested or re­ ized employee or agent of the. Commis­ the Standard. worked and retested items comply with sion, samples sufficient for the testing of any prototype specimens identical to (g) Compliance with this section. No the Standard, or otherwise show the dis­ person subject to the Flammable Fabrics position of such items. those specimens that were actually tested pursuant to the Standard shall be fur­ Act shall manufacture, import, distribute, (v) Fiber content and manufacturing or otherwise market or handle any item specificatibns relating the same to pro­ nished from these records within the time specified in the written request. subject to the Standard, including sam­ totype and production testing and to the ples, swatches, or specimens used to pro­ production units to which applicable. (iii) A complete untested garment mote or effect the sale thereof, which is (vi) Data and test results relied on from each style or' type of garment not in compliance with this section as a basis for inclusion of different colors marketed or handled. 302.21. or different print patterns of the same (iv) Remains of all physical specimens fabric as a single fabric or garment pro­ tested in accordance with the prototype (section 5, 67 Stat. 11-13, as amended 81 duction unit under .4(a) (2) of the testing required by .4 of the Standard, Stat. 671; 15 U.S.C. 1194) Standard. relating such samples to the records re­ Interested persons are invited to sub­ (vii) Data and test results relied on as quired by this paragraph (d ), including mit on or before February 19, 1975, a basis for reduced laundering ôf fabric information required by paragraph (d) or garments during test procedures under written comments regarding the matters (3) (i) of this section. proposed herein. Comment received after .5(c) (4) of the Standard and any guar­ (4) Garments—production testing. In this date will not be considered. Com­ antees issued or received relating to addition to the records required by para­ laundering as well as details of the lau- ments and any accompanying material graph (d) (1) of this section, written and should be submitted, preferably in five dering procedure utilized. physical records shall be maintained and (viii) Identification, composition, and copies, to the Secretary, Consumer Prod­ shall show with respect to each garment uct Safety Commission, Washington, details of application of any flame re­ production unit: tardant treatments employed. All proto­ D.C. 20207. Received comments may be type and production records shall relate (i) Source and fabric production unit seen in the Office of the Secretary, Room to such information. identification of all fabrics subject to 1025, 1750 K Street, NW, Washington, (ix) Date and quantity of each sale or testing used in each garment production D.C., during working hours, Monday delivery of items subject to the Stand­ unit. through Friday. ard and the name and address of the pur­ (ii) Identification and appropriate Dated: January 14, 1975. reference to all prototype records and chaser or recipient relating such sale to Sad y e E. D u n n , the production unit or other unit identi­ prototype tests applicable to each produc­ tion unit. Secretary, Consumer Product fication. Safety Commission. (2) Fabrics. In addition to the infor­ (iii) Any guaranty relied upon to mation specified in paragraph (d) (1) of demonstrate that the fabric utilized in [PR Doc.76-1627 Filed 1-17-76;8:45 am]

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 3282 NOTICES

CONSUMER PRODUCT SAFETY that the Standard should be applicable to for planning purposes and that it would COMMISSION all items of sleepwear for which the not serve the public interest to allow manufacturing process begins after the manufactures to complete the manufac- CHILDREN’S SLEEPWEAR; SIZES 7 Standard’s effective date and manufac­ facturing process for noncomplying THROUGH' 14 (FF 5-74) ture should be defined as beginning when sleepwear in sizes 7 through 14 after the Policy Statement and Solicitation of the fabric is cut to make garments. effective date of the Standard. There­ Comments Another commenter agreed that the fore, the Commission will define the term manufacturing process begins with as of the end of the manufacturing pro­ The purpose of this notice is to an­ cutting fabric and stated the process cess of both garments and fabric. nounce and invite comment on a two part ends with placing garments in a ware­ The Commission does not believe that policy statement, regarding the appli­ house for shipping. the packaging of items or their labeling cability of the Standard for the Flam­ One commenter assumed definition of with temporary hang tags or other sales mability of Children’s Sleepwear; Sizes 7 the term “ manufacture” would apply or promotional materials come within through 14 (FF 5-74). The Standard was only to garments and not to fabric in­ the definition of the term “manufac­ issued by the Consumer Product Safety tended or promoted for use in children’s ture,” because these actions are not an Commission on May 1, 1974 (39 FR sleepwear. integral part of the manufacturing 15210) under the Flammable Fabrics Act One commenter stated the term process. (15 U.S.C. 1191 et seq.). on May 1, 1975 “manufacture” should be defined to in­ Policy. It is the policy of the Commis­ and applies to children’s sleepwear. It clude as many garments as possible sion that all items of children’s sleep- becomes effective garments in sizes 7 within the protective framework of the wear in sizes 7 through 14 (including through 14 and to fabric or related mate­ Standard and that therefore the end of garments and fabric intended or pro­ rial intended or promoted for use in such the manufacturing process should be de­ moted for use in such children’s sleep- children’s sleepwear. fined at as late a time as is reasonably wear) are subject to the Standard FF In the F ederal R e g ister of May 1,1974, supportable. Another commenter sug7 5-74 unless the manufacturing process the Commission issued a Notice of Find­ gested that a garment must be con­ has ended before May 1, 1975. The man­ ing of Possible Need for Amendment to structed, labeled, and packaged in a form ufacturing process is deemed to end, for the Standard in four different respects suitable for immediate delivery to the the purposes of the Standard, at the time (39 FR 15228). Elsewhere in the F ederal seller of the goods before May 1, 1975 the item is completely assembled, all R eg ister today, the Commission proposes in order to be outside the scope of the functional materials have been affixed, an amendment to the Standard, and Standard. This commenter stated that and labeling of a permanent nature has withdraws the Notice of Possible Need this definition would not preclude a re­ been stamped, sewn, or otherwise per­ for Amendment as to threè of the items tailer from being able to affix promotion manently affixed to the item. Affixing of mentioned in the Notice. and price labeling or to repackage in­ temporary price or promotional infor­ The Commission has determined that dividual items of sleepwear after the ef­ mation or the packaging of items of two of the possible amendments men­ fective date of the Standard. However, sleepwear (including garments and tioned in the May 1, 1974 Notice should the commenter stated that the addition fabrics intended or promoted for use in be treated as policy statements rather of buttons or other functional materials, such sleepwear) does not affect the date than as amendments to the Standard. In the assembly of cut pieces of sleepwear, on which the manufacturing process is this Notice, the Commission discusses or the packaging for commercial ship­ deemed to end. the comments on these two possible ping should be considered part of tide 2. Clarification of Exemption. Section amendments received in response to the manufacturing process. 4(b) of the Flammable Fabrics Act pro­ May 1, 1974 Notice of Possible Need for Discussion. The Commission believes vides that products, fabrics, or related Amendment, states the Commission the term “manufacture” must be defined materials subject to a Standard, which policy on these issues, and invites further as to both garments and fabric intended are “in inventory or with the trade” on comment on the policy. or promoted for use in children’s sleep- the effective date of the Standard, are 1. Application o f the Standard. Thewear in sizes 7 through 14 to avoid any exempt from the Standard, except that Standard applies to all items of chil­ questions as to which items must comply the exemption may be limited or with­ dren’s sleepwear in sizes 7 through 14 with the Standard. The term “ manufac­ drawn if the Commission finds that any manufactured on or after May 1, 1975, ture” must be defined in a manner con­ such items are so highly flammable as the effective date of the Standard. In sistent with the generally understood to be dangerous when used by consumers the May 1, 1974 Notice, the Commission meaning of the term and in a manner for the purpose for which they are in­ stated it believed that the term “manu­ that allows the Standard to be effectively tended. In the May 1, 1974 Notice of facture” should be defined to clarify enforced. * . Possible Need for Amendment to the which items of children’s sleepwear in The term manufacture is generally Standard, the Commission sought views the production/distribution chain on understood to encompass the process of as to the time items, particularly im­ the effective date of the Standard must producing a final object or assembling ported items, are to be considered “in comply with the Standard, so that all materials into a final form. Therefore, inventory or with the trade.” The Com­ affected parties will know which items the Commission believes that for the pur­ mission also sought views as to whether are subject to the Standard. Comment poses of the Standard the manufacturing or in what circumstances, the exemption was invited on the necessity for clarifica­ process ends when an item has been com­ should be limited. tion and suggested definitions were pletely assembled, when all permanently Comments. Nine commenters ad­ sought. affixed labels have been attached, and dressed this issue. One commenter stated Comments. Eight commenters pre­ when all functional materials have been that goods are “ in inventory or with the sented views on this issue. Ho commenter affixed. Until these actions have been trade” when the manufacturer has com­ objected to clarifying the term “manu­ completed, an item of children’s sleep- pleted the final production process. Thus, facture.” One commenter stated that re­ wear will not be deemed to have been goods being stored, packaged, or pre­ tailers consider manufacture to end with “manufactured.” pared for shipment or distribution by a the completion of the last productive act The Commission believes the operative manufacturer, importer, or someone else on the article and that therefore storing, time in the manufacturing process for would be “in inventory or with the packing, and preparing goods for dis­ the purposes of determining which items trade.” Other commenters stated that tribution and sale are not part of the are covered by the Standard is the end of goods manufactured outside the United manufacturing process. the manufacturing process. States are “ in inventory or with the Other commenters suggested the Com­ The Standard was issued on May 1, trade” when they have cleared customs, mission focus on the beginning rather 1974 but it will not go into effect until or when they have entered this country than the end of the manufacturing May 1, 1975. Therefore, there is a one for consumption under the customs regu­ process because when fabric is cut, year period for manufacturers and others lations. Others said that goods should be materials have been committed to the subject to the Standard to come into considered in inventory when they are manufacture of children’s sleepwear. compliance. The Commission believes delivered to the ship or other carrier by Therefore, these commenters suggested that this time period will be sufficient the foreign manufacturer, since that is

FEDERAL REGISTER, VOL. 40, NO. 13— MONDAY, JANUARY 20, 1975 NOTICES 3283

the time when the American company lieve it is necessary for the protection * The Commission believes the exemp­ gains possession of the goods, and this of consumers to withdraw the exemption tion in section 4 of the Flammable Fab­ time is easily documented. for items subject to the Standard that rics Act for items “in inventory or with One commenter stated imported items are “in inventory or with the trade” the trade” on the effective date of the should be considered in inventory when on the effective date of the Standard. Standard was intended to apply to items they are shipped from the original FOB I f the Commission amends the Standard ^-in the United States, because the purpose point. Another commenter stated the to require affirmative labeling of com­ of the Act is to protect consumers in the time should be when the garments are plying items for three years after the United States. This interpretation is con­ manufactured or ordered, whichever is Standard’s effective £ate, consumers will sistent with section 9 of the Act. In earlier since at each of these times the, be able to distinguish complying from addition, the Commission believes that manufacturer cannot reasonably change noncomplying items of children’s sleep- there will have been sufficient lead time the flame retardant characteristics of wear. Proposed regulations under the for compliance with the Standard when the items. Standard published elsewhere in the the Standard becomes effective on May Two commenters suggested withdraw­ Federal R egister today would require 1, 1975. Therefore, the Commission be­ ing the exemption for items “in inventory segregation of complying and noncom- lieves that imported items should be con­ or with the trade,” on the ground that plying items at the point of sale to sidered “in inventory or with the trade” the Commission’s findings in issuing the consumers. on the date the goods have been entered Standard on May 1, 1974 provide a basis In addition, for the foregoing reasons into the United States. for withdrawing the exemption. These and because it is not clear that those Policy. All items of children’s sleep- commenters state that most manufac­ subject to the Standard will be engaged wear in sizes 7 through 14 (including turers are now able to comply with the in stockpiling children’s sleepwear in garments and fabric intended or pro­ Standard and that no producer would sizes 7 through 14, the Commission de­ moted for use in such children’s sleep- be caught by surprise with noncomplying clines to reach the issue of whether wear) which are in inventory or with goods if such action were taken because it can or should take action under sec­ the trade on the effective date of Stand­ there has been a one year lead time be­ tion 30(d) of the Consumer Product ard FF 5-74 are exempt from the re­ fore the effective date of the Standard. Safety Act to apply the anti-stockpiling quirements of the Standard. For domes­ One commenter believes the exemption provisions of section 9 (d )(2 ) of that tically made items of children sleepwear should apply only to items in the inven­ Act to items subject to the Standard. in sizes 7 through 14 to be considered tory of retailers pr wholesalers, to pro­ The Commission believes, as to do­ “in inventory or with the trade” on tect wholesalers and retailers from hard­ mestically manufactured items, that the effective date of the Standard, the ship over which they may have little they are “in inventory or with the trade” manufacturing process must have ended control. The commenter stated that on the effective date of the Standard prior to May 1, 1975. For foreign-made manufacturers do not fall within the ex­ and thus subject to the exemption if items of children’s sleepwear in sizes 7 emption bècause they are protected by they have been manufactured before through 14 to be considered “in inventory provisions of the Flammable Fabrics Act May 1,1975. or with the trade” on the effective date which provide a one year hiatus before The definition of the term “manufac­ of the Standard, the manufacturing the effective date of a Standard and be­ ture” and the reasoning behind the defi­ process must have ended and the goods cause a manufacturer has more control nition are set forth in the previous sec­ must have been entered into the United over its inventory than a retailer or dis­ tion of this policy statement. The Com­ States before May 1, 1975. tributor. This commenter also stated that mission has found no support in section Solicitation of Comments. This policy section 9 of the Flammable Fabrics Act 4(b) of the Flammable Fabrics Act or statement reflects the Commission’s precludes importation of goods that do the legislative history of the Act for the views as to two aspects of enforcement of not comply with a standard in effect on contention that the exemption for items the Standard for the Flammability of the date of entry of the merchandise and “ in inventory or with the trade” is un­ Children’s Sleepwear, sizes 7 through therefore suggests that imported goods available to manufacturers, and the 14. This matter is considered a general with an entry date on or after May 1, Commission believes it may be unfair statement of policy, interpretative rule, 1975 be excluded from the United States to prevent manufacturers from selling or rule of agency procedure or practice if they do not comply with the Standard noncomplying items manufactured in and therefore exempt from the notice FF 5-74. good faith before the effective date of and public procedure provisions of 5 One commenter suggested that the the Standard. U.S.C. 553 (Administrative Procedure Commission take action under section As to imported items, the Commission Act). However, the Commission has de­ 30(d) of the Consumer Product Safety believes that section 9 6f the Flammable cided to allow public comment on the Act to apply the provisions of section Fabrics Act clearly requires that an im ­ policy. 9(d) (2) of that Act to items subject to ported item that fails to meet a Stand­ Therefore interested persons are in­ FF 5-74. Section 9(d) (2) of that Act ard in effect on the date of entry of the vited to submit, on or before, February allows the Commission by rule to “pro­ item should not be allowed admission 19, 1975, written comments regarding hibit a manufacturer of a consumer into the United States. The Commission the proposal. Comments received after product from stockpiling any product recognizes that its policy as to imported that date will not be considered. Com­ to which a consumer product safety rule goods must be somewhat different than ments and any accompanying material applies, so as to prevent such manufac­ the policy for domestically manufactured should be submitted, preferably in five turer from circumventing the purpose goods because the Commission’s com­ copies, addressed to the Secretary, Con­ of such consumer product safety rule.” pliance staff is less able to verify the sumer Product Safety Commission, Discussion. The Commission has de­ date manufacture of foreign-made goods Washington, D.C. 20207. Received com­ cided not to withdraw the exemption has been completed. It is the Commis­ for items “in inventory or with the ments may be seen in the Office of the sion’s policy that domestic manufactur­ Secretary, Room 1025, 1750 K Street, trade” on the effective date of the Stand­ ers and importers must be subject to the NW, Washington, D.C. during normal ard because the Commission believes it same or similar requirements wherever may be unfair to manufacturers, dis­ possible under the laws the Commission working hours. tributors, retailers, and others who are administers. Thus, both foreign and Dated: January 14, 1975. marketing or handling noncomplying domestically made goods must have been “manufactured” prior to May 1, 1975 to S a d y e E. Dtjnn, items manufactured in good faith prior be considered “ in inventory or with the 'Secretary, Consumer Product to the effective date of the Standard. trade” on the effective date of the Safety Commission. Moreover, the Commission does not be­ Standard. [P R Doc.75-1625 Piled 1-17-75:8:45 am ] -y . :; v ►

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