Highlights of This Issue

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26624

26645 26645 26630

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26616 26616 26608 26610

26611 26618 .

26659 ...... 26645 - ......

26629 ...... No. No. 184—Pt. I- 73, respec­ ...... — - -...... -...... 26603 2 ......

...... '. .'. -,~r...... -— 26618 , ...... : 73.— 24— ...... Executive Advisory Committee,10—4—73..... Coordinating Committee, 10—3—73 Department organization, operation and proce­ EDUCATIONAL proposes 1974— OPPORTUNITY 1975 expected family GRANTS— contribu­ HEW PART III: UNITED STATES BOARD OF PAROLE— Justice PART II: dures for Northeast Region; effective 10-1—73.... 26651 tion schedules; comments by 11—23—73 DoD: Army Advisory Committee for National Dredging FPC: National Power Survey, Technical Advisory Com­ mittee on Conservation of Energy, 9—26—73...... Commerce Department: Management-Labor Textile Commission on Civil Rights: State Advisory Commit­ Advisory Committee, 10-2—73 tees, 9 -2 5 , 9 -2 6 , and 9 -2 9 -7 3 Study, 9 -2 7 and 9 -2 8 -7 3 ...... MEETINGS— NATURAL GAS— FPC policy statement on measures for adequate service during 1973—1974 winter heating rateis rateis for identical services and credit card systems (2 AIR CARGO RATES— CAB adopts IATA resolution on import service fees...... ~ certain cotton products from Costa Rico PHASE IV— CLC revises regulations regarding construction MEDICARE— HEW proposal concerning computation of AIR TAXIS— CAB proposal on reporting requirements; TEXTILE IMPORTS— CITA renews import limitations on HISTORIC PLACES— Interior Department amendments to season ments by 10— comments by 10-19-72 MONDAY, SEPTEMBER 24, 1973 HIGHLIGHTS OF THIS ISSUE HOUSEHOLD MOVERS— ICC amendments on uniform National Register....— ,, industry; effective 9 -2 6 -7 3 supplementary medical insurance premium rates; com­ CONTROLLED certain research chemicals; DRUGS— effective 9 -2 4 Justice —73 Department exempts documents); effective 1—1—74 and 11— tively ofany document published in this issue. Detailed table ofcontents appears inside. This listingdoes notthe affect legal status WASHINGTON, D.C.

September 24, 1973— Pages 26595—26668 REMINDERS

Rules Going Into Effect Today This list includes only rules that were pub­ lished in the F ederal R egister after Octo­ ber 1, 1972. page no. and date SEPTEMBER 24 CAB— Authority to direct air carriers to charter aircraft to foreign air freight forwarders (3 documents)...... 22771— 22772; 8-24-73 EPA— -Approval and promulgation of com­ pliance schedules...... 22736; 8—23—73

-cnONAL^v 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 A iyyL f Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat.'500, as amended; 44 U.S.C., & Ch- 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I ). Distribution S / is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

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

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 Contents

CIVIL SERVICE COMMISSION Hearings, e tc .: AGRICULTURAL m a r k e t i n g s e r v ic e Alabama Power Co------26631 Rules and Regulations Rules and Regulations Arkansas Louisiana Gas Co----- 26631 V alencia oranges grown in Arizona Promotion, evaluation, awards, Atlantic Richfield Co------26631 and designated parts of Cali- absence and leave, and separa­ Brockton Tauton Gas Co------26631 fom ia; limitation o f handling— 26601 tions, demotions and furloughs; Colorado Interstate Gas Co----- 26632 effective dates.------— — 26601 Proposed Rules Consolidated Edison Co------26632 Oranges and grapefruit grown in Notices Consolidated Gas Supply C orp. 26632 the lower Rio Grande Valley in Veterinarian, world-wide; estab­ Duke Power Commission------26632 Texas: Limitation of handling lishment of minimum rates and Filing of electric services tariff (2 documents)------26614 rate ranges______26630 c h a n g e s ------26633 Filing of natural gas tariff Oranges and grapefruit grown in COMMERCE DEPARTMENT the lower Rio Grande Valley in changes ______26634 Texas; container, pack, and con­ See also Maritime Administration, Florida Power Corp------26634 tainer marketing requirements. 26615 National Oceanic an i Atmos­ Florida Power and Light Co----- 26635 Winter pears; expenses and rate of pheric Administration. Georgia Power Co------26635 assessment for 1973—74 fiscal Notices Gulf Power Co______26635 p eriod ------26615 Management-Labor Textile Ad- - Illinois Power Co------26635 visory Committee; meeting— _ 26624 Kansas-Nebraska Natural Gas AGRICULTURE DEPARTMENT Co., In c___ :______26636 See Agricultural Marketing Serv­ COMMITTEE FOR THE IMPLEMENTATION Michigan Wisconsin Pipe Line ice, Forest Service, Packers and OF TEXTILE AGREEMENTS Co ______26636 Stockyards Administration. Notices Mobile Oil C orp...------26636 Certain cotton textiles produced or Monsanto Co., et al------26636 ARMY DEPARTMENT manufactured in Costa Rica----- 26630 Montana-Dakota Utilities Co. Notices (2 documents)______26637 Advisory Committee for National COST OF LIVING COUNCIL Northern Indiana Public Serv­ Dredging Study; meeting------26618 Rules and Regulations ice Co______26639 Construction; Phase TV regula­ Natural Gas Pipeline Company ATOMIC ENERGY COMMISSION tions ______- 26611 o f America______26638 Notices Panhandle Eastern Pipe Linj Forked River Nuclear Generating CUSTOMS SERVICE Co ______26639 Station; availability of decision Notices Rate Changes------26644 of Atomic Safety and Licensing Richard C. O’Rourke, Chicago, Raton Natural Gas Co—------26639 B oa rd ______26626 111.; cancellation with prejudice Robert Davis Weimer------26640 Niagara Mohawk Power Corp.; o f customhouse broker license— 26618 Signal Oil and Gas Co------26640 Southern Natural Gas Co------26640 evidentiary hearing------26626 DEFENSE DEPARTMENT Wisconsin Public Service Corp., Tennessee Gas Pipeline Co. and et al.; order extending comple­ See Army Department. Tenneco, Inc------;------— 26640 tion date-----_------26626 DRUG ENFORCEMENT ADMINISTRATION Texas Eastern Transmission Corp ______26641 Rules and Regulations CIVIL AERONAUTICS BOARD Texas Gas Transmission C orp. 26641 Agency references and parts re­ Rules and Regulations Tom linson Drilling Program— 26641 designations; editorial changes. 26609 United Gas Pipe Line et al___ - 26642 Inspection of accounts and prop­ Schedules of controlled sub­ United States Department of erty; reorganization of board stances; exempt chemical prep­ the Interior et al------26643 com ponents______-— ------26601 arations ______26610 Wisconsin Public Service Com­ Proposed Rules EDUCATION OFFICE mission ------26644 Reporting of certain data by com­ Proposed Rules muter air carriers and other air Basic Educational Opportunity FEDERAL TRADE COMMISSION taxi operators______26616 Grant Program; family contri­ Rules and Regulations Notices bution for 1974-75 academic Prohibited trade practices; cease International Air Transport As­ y e a r ______- ______26660 and desist orders: sociation; agreement and order FEDERAL DISASTER ASSISTANCE Mo-Mod Sales Co., et al------26602 regarding cargo rates (2 docu­ ADMINISTRATION Modern Mobile Home, Inc., ments) ______26627 Notices et al______26602 Hearings, e tc ,: New Britain township, Pa.; Allegheny Airlines, Inc------26626 FISH AND WILDLIFE SERVICE Gateway Aviation, Ltd______26627 amendment to notice of major Haiti Air Transport, S.A.M— 26627 disaster ______26624 Rules and Regulations IU International Corp. and IU FEDERAL POWER COMMISSION Certain migratory birds; open sea­ Forwarding, In c______26627 son bag limits, and possession; Sedalia, Marshall, Boonville Rules and Regulations correction ______:------26609 Stage Line, In c______26629 Policy regarding measures for participation of service for FOREST SERVICE CIVIL RIGHTS COMMISSION 1973-74 winter heating season. 26603 Notices Notices Notices Agenda of State Advisory Commit- National Power Survey; agenda of Construction and operation of For­ meetings: est Service recreation cabins in Connecticut______26629 Coordinating Committee------26645 roadless areas; availability of Indiana ______26629 Executive Advisory Committee. 26645 draft environmental statem ent- 26621 Maine !______26630 Technical Advisory Committee (Continued on next page) on Conservation------; 26645 Pennsylvania ______26630 26597

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 26598 CONTENTS

GENERAL SERVICES ADMINISTRATION MARITIME ADMINISTRATION SOCIAL SECURITY ADMINISTRATION Rules and Regulations Notices . Proposed Rules Desk with locks; use standards___ 26604 Apollo Marine Shipping Co.; con­ struction of DWT tankers_____ 26622 Supplementary medical insurance Policies and procedures relating to benefits; premium rate______26616 GSA sponsored Advisory com­ Bulk lumber carriers; intent to mittee ______26604 compute estimated cost of con­ SPECIAL ACTION OFFICE FOR DRUG struction ______26622 ABUSE PREVENTION HEALTH, EDUCATION, AND WELFARE Chestnut Shipping Co.; applica­ Rules and Regulations DEPARTMENT tion for operating-differential subsidy ______26622 Confidentiality of drug abuse pa­ See Education Office, Social and tient records; redesignation of Rehabilitation Service, Social NATIONAL OCEANIC AND ATMOSPHERIC part ------26609 Security Administration. ADMINISTRATION TRANSPORTATION DEPARTMENT HOUSING AND URBAN DEVELOPMENT Notices DEPARTMENT Permits to take or import marine See Urban Mass Transportation mammals: Administration. See Federal Disaster Assistance Administration. Consideration of applications__ 26623 TREASURY DEPARTMENT Instructions for preparing ap­ See Customs Bureau. INTERIOR DEPARTMENT plication ______26622 URBAN MASS TRANSPORTATION See National Park Service. NATIONAL PARK SERVICE ADMINISTRATION Notices INTERSTATE COMMERCE COMMISSION Notices National Register of Historic Redelegations of Authority: Rules and Regulations Places; list of additions, dele­ Associate Administrator for Practices of motor common car­ tions and corrections______26618 Capitol Assistance—______26625 riers of household goods: PACKERS AND STOCKYARDS Associate Administrator for Participation in rates at differ­ ADMINISTRATION Program Planning__ I ____ 26625 ent levels______26608 Notices Associate Administrator for Use of credit card system_____ 26608 Research and Development.^ 26625 Securities; expanded definition__ 26609 Interstate Producers Livestock Association; deposting of stock- Associate < Administrator for Notices yards ------26621 Transit Planning______26625 Director of Transit Manage­ Assignment of hearings______26645 PAROLE BOARD ment ______26625 JUSTICE DEPARTMENT Rules and Regulations Urban Mass Transportation Programs______26624 See Drug Enforcement Adminis­ Parole, release, supervision and recommitment of prisoners, Revocations of redelegations of tration, Land and Natural Re­ authority: source Division; Parole Board. youth offenders, and juvenile delinquents; organization, op­ Assistant Administrator; Office LAND AND NATURAL RESOURCES eration, and procedures ____ 26652 of Program Demonstrations_ 26624 DIVISION Assistant Administrator, Office SOCIAL AND REHABILITATION SERVICE of Program Operations_____ 26624 Notices Rules and Regulations Assistant Administrator for Action to enjoin discharge of pol­ Financial Assistance Program; de­ Program Planning______26624 lutants; proposed consent judg­ pendent children of unemployed Director, Office of Civil Rights ment ______26618 fathers; correction______26608 and Service Development___ 26625

FEDERAI REGISTER, VOL. 38, NO . 184— M O ND AY, SEPTEMBER 24, 1973 CONTENTS 26599 List of CFR Parts Affected

Thft 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 J A cumulative*|-,st of parts affected, covering the current month to date, appears following the Notices sect,on of each issue beg.nn.ng with ¡«sue of the month. In the last issue of the month the cumulative list will appear at the end of the issue. A cumufative luide is published separately at the end of each month. The guide lists the parts and sections affected by documents publ.shed since January 1, 1973, and specifies how they are affected. ______

14 CFR 28 CFR 5 CFR 240______- ______- 26601 2______26652 ______26601 P roposed R u l e s : • - _____ 26601 41 CFR 298__ — ______- 26616 ____ 26601 101-25______- ______26604 _ 26601 16 CFR 105-64______26604 13 (2 d o c u m e n ts )------26601 45 CFR 18 CFR 2______;______26603 233______26608 6 CFR 4 5 7 ______' ______„ 26603 P ropo sed R u l e s : 150 __ _ _ 26611 190______26G60 20 CFR P roposed R u l e s : 7 CFR 49 CFR 405______26616 1056 (2 docum ents)------26608 on« ■ m ______26601 1115______26609 21 CFR Proposed Rules: Ch. II______26609 50 CFR 26614,26615 1308______26610 906 (3 documents)------20____ 26609 927______26615 1401______—------26611

FEDERAL REGISTER, VOL. 38, N O . 184— M O NDAY, SEPTEMBER 24, 1973

2 6 6 0 1 Rules and Regulations

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

Title 5— Administrative Personnel applicable provisions of the Agricul­ Title 14— Aeronautics and Space tural Marketing Agreement A ct o f 1937, CHAPTER II— CIVIL AERONAUTICS BOARD CHAPTER I— CIVIL SERVICE COMMISSION as amended <7 U.S.C. 601-674) and upon SUBCHAPTER A— ECONOMIC REGULATIONS PART 335— PROMOTION AND INTERNAL the basis of the recommendation and in­ PLACEMENT formation submitted by the Valencia [Reg. ER-822] PART 430-r PERFORMANCE EVALUATION Orange Administrative Committee, established under the said amended PART 240— INSPECTION OF ACCOUNTS PART 451— INCENTIVE AWARDS marketing agreement and order, and AND PROPERTY PART 630— ABSENCE AND LEAVE upon other available information, it is Amendment of Part Due to Reorganization hereby found that the limitation of han­ of Board Components PART 715— NONDISCI PLINARY SEPARA­ selling o f such Valencia oranges, as here- TIONS, DEMOTIONS AND FURLOUGHS ‘inafter provided, will tend to effectuate Adopted by the Civil Aeronautics Board at its office in Washington, D.C. A recent Effective Dates the declared policy of the act. (2) The need for an increase in the reorganization within the Board has re­ In the F ederal R egister of July 11, quantity of oranges available for han­ sulted in the transfer of the Board's 1973, FR Doc. 73-14107, beginning on dling during the current week results audit functions from the Bureau of Ac­ page 18445, amendments were made to from changes that have taken place in counts and Statistics to the Bureau of Parts 335, 430, 451, 630, and 715 without the marketing situation since the is­ stating an effective date. The effective suance of Valencia Orange Regulation Enforcement. In order to reflect this re­ dates for these changes are as follows: 449 (38 FR 25431). The marketing pic­ organization, we are deleting the refer­ “Amendments to Parts 430, 451, 630, ture now indicates that there is a greater ence to “the Field Audits Division, Bu­ and 715 are effective upon implementa­ demand for Valencia oranges than ex­ reau of Accounts and Statistics” which tion by an agency or January 19, 1974, isted when the regulation was made ef­ is contained in 5 240.1(b) of our Eco­ whichever comes first. Part 335 is effec­ fective. Therefore, in order to provide an tive upon implementation by an agency opportunity for handlers to handle a nomic Regulations (14 CFR Part 240). or 6 months after issuance of revised sufficient volume of Valencia oranges to Since the amendment provided for FPM Chapter 335, whichever comes first.” fill the current demand thereby making herein is of a technical nature, relating U n ited S tates C iv il S erv­ a greater quantity of Valencia oranges to a rule of agency organization, the ic e C o m m is s io n , available to meet such increased demand, Board finds that notice and public pro­ the regulation should be amended, as [ seal] J ames C. S p r y , cedure hereon are not necessary, and that hereinafter set forth. Executive Assistant to the amendment may be made effective the Commissioners. (3) It is hereby further found that it is impracticable and contrary to the pub­ immediately. [PR Doc.73-20211 PUed 9-21-73;8:45 am] lic interest to give preliminary notice, Accordingly, the Civil Aeronautics engage in public rule-making procedure, Board hereby amends section 240.1 of Title 7— Agriculture and postpone the effective date of this Part 240 of its Economic Regulations (14 CHAPTER IX— AGRICULTURAL MARKET­ amendment until 30 days after publica­ CFR Part 240) effective September 18, tion thereof in the F ederal R eg ister (5 ING SERVICE (MARKETING AGREE­ 1973, as follow s: MENTS AND ORDERS; FRUITS, VEGE­ U.S.C. 553) because the time intervening TABLES, NUTS), DEPARTMENT OF between the date when information upon Amend § 240.1 by revising paragraph AGRICULTURE which this amendment is based became (b), the revised section to read in part [Valencia Orange Reg. 449, Arndt. 1] available and the time when this amend­ as follows: ment must become effective in order to PART 908— VALENCIA ORANGES GROWN § 240.1 Interpretation. in Ar iz o n a a n d d e s ig n a t e d * p a r t effectuate the declared policy of the act ***** OF CALIFORNIA is insufficient, and this amendment re­ (b) The term “special agent” and “au­ Limitation of Handling lieves restriction on the handling of Valencia oranges grown in Arizona and ditor” are construed to mean any em­ This regulation increases the quantity ployee of the Bureau of Enforcement and of Califomia-Arizona Valencia oranges 'designated part of California. . (b) Order, as amended. The provi­any other employee of the Board speci­ that may be shipped to fresh market fically designated by it or by the Director, during the weekly regulation period sions in paragraph (b) (1) (ii) of *§ 908.- September 14-20,1973. The quantity that 749 (Valencia Orange Regulation 449 (38 Office of Facilities and Operations. may be shipped is increased due to im­ FR 25431) ) are hereby amended to read ***** proved market conditions for Califomia- as follows: (Sec. 204(a) of the Federal Aviation Act of Arizona Valencia oranges. The regula­ 1958, as amended; 72 Stat. 743 (49 U.S.C. tion and this amendment are issued pur­ “ (ii) District 2:625,000 cartons.” suant to the Agricultural Marketing (Secs. 1-19, 48 Stat. 31, as amended (7 U.S.C. 1324).) Agreement Act of 1937, as amended, and 601-674).) By the Civil Aeronautics Board. Marketing Order No. 908. Dated September 19,1973. (a) Findings. (1) Pursuant to the mar­ Effective: September 18, 1973. keting agreement, as amended, and C harles R. B rader, Adopted: September 18, 1973. Order No. 908, as amended (7 CFR Part , Acting Deputy Director, Fruit and Vegetable Division Agri­ [ seal] E d w in Z . H olland, 908), regulating the handling of Valencia Secretary. oranges grown in Arizona and designated cultural Marketing Service. part of California, effective under the [PR Doc.73-20276 PUed 9-21-73;8:45 am] [FR Doc.73-20280 Filed 9-21-73;8:45 am]

FEDERAL REGISTER, VOL. 38, N O . 184— M O NDAY, SEPTEMBER 24, 1973 26602 RULES AND REGULATIONS

Title 16— Commercial Practices (a) The cash price; § 13.155 P rices; 13.155-95 Terms and CHAPTER I— FEDERAL TRADE (b) The amount of the downpayment conditions; 13.155-95(a) Truth in COMMISSION required or that no downpayment is re­ Lending. Subpart—Misrepresenting— [Docket 0-2435] quired, as applicable; G oods: § 13.1623 Statutory require­ (c) The number, amount, and due m ents; 13.1623—95 Truth in Lending PART 13— PROHIBITED TRADE dates or period of payments scheduled to Act. Subpart—Misrepresenting—Prices- PRACTICES repay the indebtedness if the credit is § 13.1823 Terms and conditions’ Mo-Mod Sales Co. ei al. extended; 13.1823-20 Truth in Lending Act. Sub­ (d) The amount of the finance charge part—Neglecting—to make material Subpart—Advertising falsely or mis­ expressed as an annual percentage rate; leadingly: § 13.73 Statutory require­ disclosure: § 13.1852 Statutory require­ and m ents; 13.1852-75 Truth in T^nriinc m ents; 13.73-92 Truth in Lending Act: (e) The deferred payment price. § 13.155 P rices; 13.155-95 Terms and A ct: § 13.1905 Terms and conditions' 2. Failing, in any consumer credit 13.1905-60 Truth in Lending Act. conditions; § 13.155-95

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 RULES AND REGULATIONS 26603

(e) The deferred payment price. a new policy statement, amends § § 2.68 pipeline demonstrates emergency need 2. Failing, in any consumer credit and 2.70 of its General Policy and In­ and has (1) made every reasonable ef­ transaction or advertisement, to make all terpretations and §§ 157.22 and 157.29 fort to fill all storage fields and (2) filed the disclosures, determined in accord­ of its regulations under the Natural Gas curtailment plans.7 § 2.70(b)(3) ance with §§ 226.4 and 226.5 o f Regula­ Act. Promulgation of the above-emergency tion Z in the manner, form, and amount Our authority to promulgate this policy measures has resulted in commitments required by §§ 226.6, 226.7, 226.8, 226.9, statement and amend prior policy of natural gas to interstate consumers of and 226.10 of Regulation Z. statements and regulations is contained 1.2 trillion cubic feet, through purchases 3. Failing to deliver a copy of this in the Natural Gas Act, particularly sec­ ranging for 60 days to three years, from order to cease and desist to all present tions 7 and 16 therein, and the Adminis­ 1971 through May of 1973. and future personnel of respondents en­ trative Procedure Act. No notice of these In Order No. 418, we noted that: gaged in any aspect of preparation, actions is required under the Adminis­ Several parties suggested that the proposed creation, and placing of advertising, all trative Procedure Act, nor do we find 60-day period of emergency operation be ex­ persons engaged in reviewing the legal that notice and public procedure would tended to periods ranging from three to six sufficiency of advertising, and all pres­ either be practicable, necessary, or serve months. * • • We shall * * * defer disposi­ ent and future agencies engaged in prep­ the public interest.1 We have used such tion of this issue until such time as we may summary procedures in order that we propose additional rules applicable to emer­ aration, creation, and placing of adver­ gency transactions on a more extended basis. tising on behalf of respondents, and may promulgate policies to assist some 44 FPC at 1575. failing to secure from each such person 43 million gas consumers to obtain ade­ or agency a signed statement acknowl­ quate, safe and reliable service for the We now dispose of that reserved issue, edging receipt of said order. 1973-1974 winter heating season.2 How­ at least on an interim basis. ït is further ordered, That respond­ ever, we will re-examine our actions On July 16, 1973, the Commission’s ents notify the Commission at least herein, on or before M arch 15, 1973, the staff released its most recent report on thirty (30) days prior to any proposed latter being the termination date unless past curtailments and projected curtail­ change in the corporate respondent such otherwise ordered.8 ments for the 1973-1974 winter heating as dissolution, assignment, or sale result­ In Commission Order Nos. 402 and season.8 That report indicated (after ing in the emergence of a successor cor­ 402-A,® tiie Commission promulgated a eliminating intercompany transactions) poration, the creation or dissolution of policy statement (§ 2.68 of our General that net curtailments of firm require­ subsidiaries, or any other change in the Policy and Interpretations), which en­ ments customers of the major interstate corporation which may affect compliance couraged persons and companies exempt pipelines represented about .8 trillion obligations arising out of the order. under sections 1(b) and 1(c) of the Act cubic feet from April 1972 to M arch It is further ordered, That the in­ (distribution companies and intrastate 1973, and was reported to increase to dividual respondents named herein pipelines) to make short-term sales or about 1.2 trillion cubic feet during the promptly notify the Commission of the deliveries of natural gas in interstate April 1973-March 1974 period. Such discontinuance of their present business commerce so as to make available tem­ curtailments for the 1973-1974 winter or employment and of their affiliation porary emergency gas supplies, without heating season are estimated to be .5 with a new business or employment. Such our approval, for up to 60 days. trillion cubic feet of natural gas; the notice shall include respondents’ current Under Order No. 418,5 we amended equivalent of about 85 million barrels of business address and a statement as to §§ 157.22 and 157.29 o f our regulations oil. The report further indicated acute the nature of the business or employment under the Natural Gas Act, to provide for regional curtailments, both this summer In which they are engaged as well as a emergency sales by producers to inter­ and for the current winter-heating sea­ description of their duties and state pipelines and for emergency opera­ son, in the New England, Appalachian, responsibilities. tions (e.g. exchanges) between pipelines Great Lakes and Northern Plains regions. It is further ordered, That respondents for up to 60 days, which transactions Such curtailments will result, as they shall, within sixty (60) days after serv­ were exempted from prior Commission did last year, in severe economic and en­ ice upon them of this order, file, indi­ certificate authorization under section 7 vironmental consequences, resulting in vidually, with the Commission, a report of the Act. the closing of schools and factories, the denial of utility service to new customers, in writing, setting forth in detail the In conjunction with Order Nos. 402 the utilization by industry and electric manner and form in which each of them and 418, the Commission issued Order utilities of alternate fuels which impact has complied with this order. No. 431,® promulgating § 2.70 of our Gen­ upon ambient air quality standards, and Issued August 30,1973. eral Policy and Interpretations, indicat­ the transfer of unfulfilled demand to ing that “ [notwithstanding these emer­ By the Commission. other fuels in short supply with the re­ gency measures (Order Nos. 402 and sultant upward price pressures. At least [ seal] C harles A . T o b in , 418), a number of natural gas pipelines for the 1973-1974 winter-heating sea­ Secretary. indicated their inability to deliver suffi­ son, reliable and adequate gas service is cient gas to meet their firm demands.” [FR Doc.73-20209 Filed 9-21-73;8:45 am] even more jeopardized than at the junc­ By that order we continued the prior ture when we initiated emergency meas­ emergency measures, i.e. up to 60 days, ures, supra, over three and one-half years Title 18— Conservation of Power and Water but provided that we would consider Resources ago. limited-term certificates for purchases We further take notice of the overall CHAPTER 1— FEDERAL POWER extending beyond that 60-day period, domestic fuel situation for this 1973-1974 COMMISSION with pregranted abandonment, if the winter heating season. The unfulfilled [Docket No. RM74-3: Order 491 ] demand for natural gas cannot be readily PART 2— GENERAL POLICY AND 15 U.S.C. 553(b) (3) (A) and (B ). Cf. “Mem­ transferred to other fuels. Propane and INTERPRETATIONS phis Light, Gas and Water Division v. F.P.C.”, fuel oils are in limited supply and nei­ 462 F. 2d 853 (D.C. Cir. 1972) reversed on PART 157— -APPLICATIONS FOR CERTIFI­ other grounds, 411 U.S. 458 (1973). ther can fulfill the projected firm re­ CATES OF PUBLIC CONVENIENCE AND 2 Cf. “F.P.C. v. Louisiana Power & Light quirements for customers of interstate NECESSITY AND FOR ORDERS PERMIT­ Co.”, 406 US. 621 (1972); “Alabama Gas pipelines. TING AND APPROVING ABANDONMENT Corp. v. F.P.C.”, 5th Cir., No. 72-1415, Febru­ UNDER SECTION 7 OF THE NATURAL ary 7, 1973; “P.S.C. of N.Y. v. F.P.C.”, 467 F.2d In order that this Commission can dis­ GAS ACT . 361 (D.C. Cir. 1972). See also “Gulf States charge its responsibilities to the Nation’s Utilities Co. v. F.P.C.”, S.Ct. No. 71-1178, Policy Regarding Establishment of Meas­ May 14, 1973, slip op. at 14-15; “Mobile Oil ures To Be Taken for Protection of Re­ Corp. v. F.P.C.”, 469 F.2d 130 (D.C. Cir. 1972), i Such filings for limited-term certificates liable and Adequate Service for 1973- cert, denied, S.Ct. No. 72—1108, June 4, 1973. were made pursuant to Paragraph 12 in 1974 Winter Heating Season 8 See P.S.C. of N.Y., supra, rehearing order Docket No. R-389-A, July 17, 1970. 35 F.R. of May 19,1972. 11638. S eptem ber 14,1973. * 43 FPC 707 (1970), 43 FPC 822 (1970). •We take official notice of FPC News Re­ Effective upon the date of issuance of «44 FPC 1574 (1970). lease No. 19441, July 16,1973, publishing that this order, the Commission issues herein •45 FPC 570 (1971). report.

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 No. 184—Pt. I------2 26604 RULES AND REGULATIONS

gas consumers and carry out our Con- The Commission orders that effective Subpart 101-25.3— Use Standards gressionally-delegated mandate» we are upon issuance § 101-25.302-6 [Reserved] effective this day amending §§ 2.68 and 2.70 of our General Policy and Interpre­ (A) Part 2, Subchapter A, General Section 101-25.302 is amended bv tations and §§ 157.22 and 157.29 of our Rules, Chapter I of Title 18 of the Code deleting 101—25.302—6 as follows: regulations under the Natural Gas Act, of Federal Regulations, is amended by revising the following: § 101—25.302—6- [Reserved} to change the 60-day emergency meas­ (Sec. 205 ( c ) , 63 Stat. 390 (40 T7.S.C. 486(c)).) ures provided therein, so as to change In § 2.68 (a) and (b)—The 60-day pe­ the term to a maximum of 180 days un­ riods found therein are changed to 180 Effective date.—This regulation is der which no Commission authorization days. effective September 24,1973. In § 2.70(b) (3)—The 60-day periods is required in advance .* Concurrently, we Dated September 18, 1973. are providing that § 2.70(h) (3), which found therein are changed to 180 days. provides for the filing of limited-term The following provision is stayed pend­ A rth ur F . S am pson, certificates under Paragraph 12, supra, ing further order of the Commission: Administrator of General Services. If the emergency purchases are to ex­ is hereby stayed, pending further review [PR Doc.73-20220 Piled 9-21-73;8:45 am] and order of the Commission. All such tend beyond the 60-day period Paragraph limited-term certificate applications, 12 in the notice issued by the Commis­ which have been filed with the Secretary sion cm July 17, 1970, in Docket No. R - CHAPTER 105— GENERAL SERVICES as of the date of issuance of this order, 389—A should be utilized. The Commission ADMINISTRATION will be processed, as in the past, and any will consider limited-term certificates with pregranted abandonment, if the PART 105-54— ADVISORY COMMITTEE applications submitted after the date of MANAGEMENT this order, shall be returned, without pipeline demonstrates emergency need, prejudice to the applicant. Applicants are after complying with subparagraphs (1) Policies and Procedures Relating to GSA- free to file notices of withdrawal of and (2) of this paragraph. Sponsored Advisory Committees limited-term certificates previously filed, (B ) Section 157.22, Subchapter E, This regulation prescribes policies Mid pursuant to § 1.11(d) of our rules and Chapter I, Title 18 of the Code of Fed­ procedures in GSA regarding the estab­ regulations. eral Regulations, is amended by revising lishment, operation, termination, and the following: On or before March 15,1974, the Com­ control o f advisory committees for which In § 157.22(a)—The sixty-day period GSA has responsibility. mission will have reviewed the emergency is changed to 180 days. measures provided herein. Transactions Chapter 105 is amended by the addi­ In § 157.22(d)—The 60-day period is tion of new Part 105-64 as follows: entered into prior to March 15,1974, may changed to 180 days. continue for a period up to 180 days, i.e. (C ) Section 159.29, Subchapter E, Sec. an emergency measure initiated on Feb­ Chapter I, Title 18 of the Code of Fed­ 105-64.000 Scope of part. ruary 1 ,1974, may continue until July 31, Subpart 1Ó5—64.1— General Provisions 1974. Those 60-day emergency transac­ eral Regulations, is amended by revising the following: 105-64.101 Applicability. tions which have commenced as of the In § 157.29(a)—The sixty (60) day 105-64.102 Definitions. date of issuance of this order may con­ period is changed to 180 days. 105-64.103 P olicy. tinue, depending upon the agreement be­ 105-64.104 Responsibilities. tween the parties, for 180 days beginning In 1 157.29(b)—The 60-day period is changed to 180 days. Subpart 105-64.2— Establishment of Advisory at the time of termination of the 60-day Committees transaction. In addition to the existing (D) The revisions and amendments in (A), (B), and (C) are effective upon is­ 105-64.200 Scope o f subpart. reporting requirements, we will require suance and until March 15,1974. 105-64.201 Proposals fo r establishing ad­ that the pipeline purchaser report to the visory committees. Secretary within ten CIO) days after (E) The Commission provides that 105-64.202 Review and approval of pro­ deliveries commence under the 180-day any interested person may file com­ posals. procedure, the estimated volumes and ments on the revisions effective herein, 105-64.203 Advisory committee charters. rate charged for the emergency sale. such filings to be made in written form 105-64.203-1 Preparation of charters. with the Secretary of the Commission 105-64.203-2 Active charters file. We will review these measures to and to be filed during the period Janu­ 105-64.203-3 Submission to library of Con­ determine their impact during the 1973- gress. 1974 winter-heating season and to deter­ ary 15, 1974 to February 15, 1974, for consideration by the Commission prior 105-64.204 Advisory committee member­ mine what emergency measures may be to its M arch 15, 1974 review. sh ip. required during the 1974 summer stor­ Subpart 105—64.3— Advisory Committee age injection period and the 1974-1975 By the Commission. Procedures winter-heating season. [ s e a l ! K e n n e t h F . P l u m b , 105-64.300 Scope of subpart. The Commission finds 105-64.301 M eetings. Secretary. 105-64.301-1 Agenda. Cl) The revisions to the policy state­ [PR Doc.73-20264 Piled 9-21-73,'8:45 am] 105-64.301-2 Security clearance. ments and regulations herein do not re­ 105-64.301-3 Time and place. quire notice or hearing under 5 U.S.C. 105-64.301-4 Public notice of meetings. 553. Title 41— Public Contracts and Property 105-64.301-5 Minutes of meetings. Management 105—64A01-6 Public attendance and par­ (2) Many interstate natural gas pipe­ ticipation. lines have been unable to obtain and are CHAPTER 101— FEDERAL PROPERTY 105-64.302 Committee records and re­ expected to have problems in obtaining, MANAGEMENT REGULATIONS ports. short-term emergency, gas supplies to SUBCHAPTER E— SUPPLY AND PROCUREMENT 105-64.303 Fiscal and administrative pro­ meet their firm requirements during the [PPMR Amdt» E-133] visions. 1973-1974 winter-heating season, in the 105-64.304 Renewal of advisory commit­ PART 101-25— GENERAL tees. absence of the revised emergency meas­ 105-64.305 Desks With Locks Termination of advisory com­ ures herein promulgated. m ittees. Prior approval of the validity of the 105-64.306 Complaint procedures. “Section 7(c) of the Act provides, in part, requirement for desks with locks is no Subpart 105-64.4— Reports that we “may by regulation exempt from the longer required. Therefore, use stand­ 105-64.400 Scope of subpart. requirements of this section temporary acts or operations for which the issuance of a ards for desks with locks and guidelines 105-64.401 Report to Assistant Adminis­ certificate w ill n ot be required.” 15 U.S.C. 717 for determining justification for their trator. f (c ). See Section 2.67a of the General Policy 105—64.402 Annual report to the Office of purchase are rescinded. Management and Budget. and Interpretations, concerning the finding Thé table of contents for Part 101-25 of insufficient gas supplies and rate treat­ Authority.— Pub. L. 92-463 dated October ment of the investment tax credit. Order No. is amended by deleting and reserving 6, 1972, and Executive Order 11686 o f Octo­ 448, 47 FPC 141 (1972). § 101-25.302-6, as follows: ber 7, 1972.

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 RULES AND REGULATIONS 26605 (2) Within existing agency regula­ §105-64.00 Scope of pari. (a) Advisory committees will be formed or used by GSA only when spe­ tions as found in Part 105-60, carry out This part sets forth policies and pro­ cifically authorized by law or by the the provisions of 5 U.S.C. 552 with re­ cedures in GSA regarding the establish­ President, or specifically determined as spect to the reports, records, and other ment operation, termination, and con­ a matter of formal record by the Ad­ papers of advisory committees for which trol of advisory committees for which ministrator of General Services to be in GSA is responsible. GSA has responsibility. It implements the public Interest in connection with Subpart 1 0 5 -6 4 .2 — Establishment of the Federal Advisory Committee Act the performance of duties imposed on Advisory Committees (Pub. L. 92-463), which authorizes a GSA by law; system governing the establishment and (b) Advisory committees will not be § 105—64.200 Scope of subpart. operation of advisory committees in the used to administer a function which is This subpart prescribes the policy and executive branch of the Federal Gov­ the assigned responsibility of a service or procedures for establishing advisory ernm ent, and Executive Order 11686 of staff office; committees within GSA. O ctober 7, 1972, which directs the heads (c) The assigned responsibility of a o f all executive departments and agen­ § 105—64.201 Proposals for establishing GSA official may not be delegated to any advisory committees. cies to take appropriate action to ensure com m ittee; their ability to comply with the provi­ (d) No advisory committee may be The Head of a Service or Staff Office sions of the Act. used for functions that are not solely may propose establishment of a Central Subpart 1 0 5 -6 4 .1 — General Provisions advisory unless specifically authorized Office or regional advisory committee by statute or Presidential directive. within the scope of his program responsi­ § 105-64.101 Applicability. Making policy decisions and determining bilities. Each such proposal shall be sub­ This Part 105-64 applies to all advisory action to be taken with respect to any mitted to the Assistant Administrator committees for which GSA has responsi­ matter considered by an advisory com­ (Attn: GSA Committee Management Of­ bility. In general, such committees are mittee is solely the responsibility of ficer) for review and coordination and characterized by fixed membership, a GSA; and shall include the following: defined purpose of providing advice re­ (e) In carrying out its responsibilities, (a) A letter to the Director, Office of garding matters of concern to GSA oper­ GSA will consult with and obtain the Management and Budget, for signature ations, a formal structure (e.g., officers), advice of interested groups substantially of the Administrator of General Services, and regular or periodic meetings. This affected by its programs. The use of ad­ describing the nature and purpose of the part also applies to any committee used visory committees for this purpose is proposed advisory committee and the to advise GSA officials though not estab­ considered to be in the public interest reasons it is needed, including the rea­ and necessary for the proper perform­ sons its functions cannot be performed lished for that purpose. Such applicabil­ by an existing committee or Federal ity, however, is limited solely to the ance by GSA of its assigned functions. agency; and period of its use as an advisory body. This § 105—64.104 Responsibilities. (b) A notice for publication in the F ed­ part does not apply to: eral R eg ister containing a certification (a) Any local civic group whose pri­ (a) Responsibility for coordination mary function is to render a public serv­ and control of committee management by the Administrator that creation of the ice in connection with a Federal pro­ in GSA is vested in the Assistant Ad­ advisory committee is in the public in­ ministrator. This responsibility will be terest and describing the nature and pur­ gram; (b) Any State or local committee, exercised through the Director of Man­ pose of the committee. council, board, commission, or similar agement Services, Office of Administra­ § 105—64.202 Review and approval of group established to advise or make rec­ tion, or his designee, who shall serve as proposals. ommendations to State or local .officials the GSA Committee Management Offi­ cer. This Officer shall, on behalf of the (a) The GSA Committee Management or agencies; or Officer shall review each proposal for es­ (c) Hie National Historical Publica­ Assistant Administrator, carry out the functions prescribed in section 8(b) of tablishment of an advisory committee to tions Commission or the National Ar­ ensure conformity with GSA committee chives Trust Fund Board but does apply the Federal Advisory Committee Act. Specifically he shall control and su­ management policies and procedures. to committees that are advisory to them. pervise the establishment, procedures, Thereafter, the letter of justification ad­ § 195-64.102 Definitions. and accomplishments of advisory com­ dressed to the Director, Office of Man­ (a) The term "advisory committee” mittees for which GSA is responsible. agement and Budget, shall be forwarded means any committee, board, commis­ Such control and supervision shall be through the Assistant Administrator to sion, council, conference, panel, task adequate to ensure compliance with the the Administrator of General Services force, or other similar group, or any sub­ GSA guidelines provided by these regu­ for his signature. committee thereof that is: lations. (b) When notified by the Office of (1) Established by statute or reorgan­ (b) Each Head of Service and Staff Management and Budget that establish­ ization plan; Office and Regional Administrator shall ment of the advisory committee would (2) Established or utilized by the designate a Committee Management be in accord with the Federal Advisory President; or Officer who shall coordinate and control Committee Act, the GSA Committee (3) Established or'utilized by one or committee management within the serv­ Management Officer shall secure final more agencies to obtain advice or recom­ ice, staff office, or regional office, and clearance and approval of the Federal mendation for the President or for one shall act as liaison to the GSA Commit­ Register notice in accordance with estab­ or more agencies or officers of the Fed­ tee Management Officer. This Officer lished GSA procedures. The notice must eral Government. The term "advisory shall also: be published at least 30 calendar days committee” excludes the Advisory Com­ (1) Assemble and maintain the re­prior to the filing of a committee charter mission on Intergovernmental Relations, ports, records, and other papers of any in accordance with § 105-64.203. the Commission on Government Procure­ advisory committee for which GSA has § 105—64.203 Advisory committee char­ ment, and any committee which is com­ responsibility. Arrangements may be ters. posed wholly of full-time officers of the made, however, for the Government chairman or other designated GSA rep­ No advisory committee may meet or Federal Government. take any action until its charter has (b) The term "Presidential advisory resentative to retain physical custody been approved by the Administrator of committee” means an advisory commit­ of such reports, records, and other General Services and forwarded by the tee that advises the President. papers to facilitate committee opera­ Assistant Administrator to the standing tions. After the committee is terminated, § 105-64.103 Policy. all committee records shall be disposed committees of the Senate and the House of Representatives having legislative The basic GSA policy on committee of in accordance with existing regula­ management is as follows : tions; and jurisdiction over GSA. This requirement

FEDERAL REGISTER, VOL. 38, N O . 184— M ONDAY, SEPTEMBER 24, 1973 26606 RULES AND REGULATIONS applies to committees used as advisory relate, taking into account such factors tee meeting by publication of a notice committees though not established for as size, functions, geographical location, that purpose, but only to the extent that in the F ederal R eg ister a t least 7 calen affiliation, and other relevant considera­ dar days prior to the date of the meet­ the group performs the function of ad­ tions affecting the character of an ad­ vising a GSA official. ing. Shorter advance notice may be pro" visory committee. Representatives of the vided only in emergency situations or § 105—64.203—1 Preparation of charters. public interest shall be included on any when 7-day notice is clearly impractica­ advisory committee concerned with (a) Hie Head of Service or Staff Of­ ble. To the extent practicable, announce­ questions of social policy. The chairman, ments may also be made by general fice having jurisdiction over an advisory members, alternates, and observers, as committee shall, following publication of press releases, direct mailing, or publi­ appropriate, of all advisory committees cation in trade and professional journals the F ederal R e g is t e r notice regarding shall be designated by the Administra­ the establishment of that committee, appropriate to the nature of the com­ tor. Nominations shall be submitted by mittee meeting. prepare the committee’s charter in ac­ the Head of Service or Staff Office or Re­ cordance with this § 105-64.203-1. The (b) The fact that a meeting may be gional Administrator sponsoring the closed to the public pursuant to the completed charter shall be forwarded to committee to the Assistant Administra­ the Assistant Administrator (Attn: GSA exemptions under the Freedom of In­ tor (Attn: GSA Committee Management formation Act does not, in general, re­ Committee Management Officer) for re­ Officer) for review and forwarding to the view, submission to the Administrator lieve GSA o f the requirement of publi­ Administrator. cation of a notice of that meeting. An for approval, and filing. (b) There shall be no discrimination (b) Each advisory committee charter exception from this notice requirement on the basis of race, color, age, national may be authorized for reasons o f national shall contain the following information: origin, religion, or sex in the selection (1) The committee’s official designa­ security by the Director, Office of Man­ tion ; of advisory committee membership. agement and Budget, upon request by (2) The committee objectives mid the Subpart 105—64.3— Advisory Committee the Administrator of General Services at scope of its activities; Procedures least 30 calendar days prior to the meeting. (3) The period of time necessary for §105—64.300 Scope of subpart. the committee to carry out its purposes. (c ) Each notice o f meeting should If the committee is intended to function This subpart sets forth the procedures state the name of the advisory commit­ as a standing advisory committee, this which will be followed in the operation tee, the time o f the meeting, its purpose, fact should be made clear; of advisory committees within GSA. and whether (or the extent to which)' (4) Hie official to whom the commit­ § 105—64.301 Meetings. the public will be permitted to attend or tee reports, including his name, title, and participate. Whenever practicable a organization; Each advisory committee and each summary of the agenda should be in­ meeting thereof shall be under the chair­ cluded. I f the meeting is to be open to (5) The agency and office responsible manship of or shall meet only in the for providing the necessary support for the public, the place o f meeting should the com mittee; presence of a full-time salaried employee be specified in the notice, if any part of of GSA. Hie Government chairman or (6) A description of the duties for the meeting is to be closed, the notice representative shall determine when a should indicate the reasons therefor. which the committee is responsible. If meeting of an advisory committee is to such duties are not solely advisory, the § 105—64.301—5 Minutes of meetings. statutory or ‘Presidential authority for be held and may adjourn any meeting whenever he considers such action is in Detailed minutes shall be kept of each such additional duties shall be specified; the public interest. (7) The estimated annual operating advisory committee meeting. The min­ costs in dollars and man-years for the § 105—64.301—1 Agenda. utes shall include at least the following items; The time and place of the meet­ com m ittee; An agenda shall be prepared or ap­ (8) The estimated number and fre­ ing; a list of the advisory committee proved by the Government chairman or members and staff and agency employees quency of committee meetings; representative for each meeting of an (9) The committee’s termination date, present at the meeting; a complete sum­ advisory committee. The agenda shall mary erf matters discussed and conclu­ if It is less than 2 years from the date list the matters to be considered at the of its establishment; and sions reached; copies of all reports re­ meeting and shall indicate whether any ceived, issued, or approved by the (10) The date the charter is filed. This part of the meeting is concerned with date shall be inserted by the GSA Com­ advisory committee; an explanation of matters covered by the exemptions from the extent to which the meeting was open mittee Management Officer after the Ad­ 5 U.S.C. 552(b) (Freedom of Information ministrator approves the charter. to the public; and an explanation of the Act). Ordinarily, copies of the agenda extent of public participation, including § 105—64.203—2 Active charters file. shall be distributed to committee mem­ a list of members of the public who bers prior to the date of the meeting. The original signed copy of each char­ presented oral or written statements and ter shall be retained by the GSA Com­ § 105—64.301—2 Security clearance. an estimate of the number of members of the public who attended the meet­ mittee Management Officer in a special All persons attending advisory com­ file of active charters. ing. Hie committee chairman shall mittee meetings at which classified infor­ certify the accuracy of all minutes. § 105—64.203—3 Submission to Library mation will be considered are required of Congress. to have security clearance commensurate § 1 0 5 -6 4 .3 0 1 —6 P ublic attendance and participation. A copy of each charter shall be fur­ with the category of classified matter to nished by the GSA Committee Manage­ be discussed. (a) Each GSA advisory committee ment Officer to the Library of Congress § 105—64.301—3 Time and place. meeting shall be open to the public un­ at the time or shortly after copies are less the Administrator determines other-, filed with the requisite committees of Meetings shall be held only at the time wise as provided in § 185-64.301-6 (e). the Congress. Copies shan be forwarded and place determined or approved by the (b> Interested persons shall be per­ to: library of Congress, Exchange and Government chairman or representative. mitted to attend, appear before, or file Gift Division, Federal Advisory Com­ Unless otherwise authorized, meetings statements with a GSA advisory commit­ mittee Desk, Washington, D.C. 26548. shall be held in space under the control tee unless the Administrator determines otherwise as provided by § 105-64.381-6 § 105—64.204 Advisory committee mem­ o f the Government. bership* (e). When required for the orderly oper­ § 105—64.301—4 Public notice of meet­ ation of the advisory committee, the ings. (a) Advisory committees established Federal Register notice announcing the by GSA shall be representative of the (a) The responsible Head of Service committee meeting may prescribe appro­ points of view within the profession, in­ or Staff Office shall ensure that timely priate procedures for attendance, ap­ dustry, or other group to which they notice is given of each advisory co m m it - pearances, and filing statements.

FEDERAL REGISTER, V O L 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 RULES AND REGULATIONS 26607

(c) Advisory committee meetings with GSA or committee operations. Ex­ (2) A letter to the Director, Office of which are open to the public shall be cept where prohibited by contractual Management and Budget, for signature held at a reasonable time and at a place agreements entered into prior to Janu­ of the Administrator of General Services, that is reasonably accessible. The size of ary 5, 1973, copies of transcripts, if any, setting forth the reasons for renewal of the meeting room shall be adequate to of advisory committee meetings shall be the committee; and accommodate the anticipated public made available by the Government chair­ (3) A notice for publication in the F ed­ participants in addition to the committee man, to any person at the actual cost of eral R egister containing a certification members. duplication. by the Administrator that renewal of the (d) Whenever an advisory committee (b) Subject to 5 U.S.C. 552(b) and in­advisory committee is in the public in­ anticipates widespread public interest in structions of the Director, Office of Man­ terest and describing the nature and pur­ one of its meetings, it may establish agement and Budget, at least eight copies pose of the committee. procedures for the orderly conduct of of each report made by an advisory com­ (c) Upon receipt of the above docu­ that meeting, including the requirement mittee shall be filed by its Government ments, the Assistant Administrator shall of advance approval for oral participa­ chairman or GSA representative with secure the approval of the Administrator tion. Public notice of such procedures the Library of Congress at the time of for each advisory committee whose re­ shall be given at the time of announce­ its issuance. Where appropriate, copies newal is adequately justified. The Ad­ ment of the meeting or, in any event, of background papers prepared by con­ ministrator will inform the Office of sufficiently in advance of the meeting to sultants to the advisory committee shall Management and Budget of his deter­ permit the public to comply. also be filed with the Library of Con­ mination and the reasons therefor not gress. The letter of transmittal shall (e) An advisory committee meeting more than 60 calendar days prior to the identify the materials being furnished 2-year anniversary date of the commit­ will not be open to the public nor will the and a copy of the transmittal shall be attendance, appearances, or filing of tee. Following receipt of the Office of provided to the GSA Committee Man­ Management and Budget concurrence in statements by interested persons be agement Officer. permitted at such a meeting whenever the committee renewal, the Assistant the Administrator of General Services § 105—64.303 Fiscal and administrative Administrator shall publish notice of the determines that it is concerned with provisions. renewal in the F ederal R egister and matters listed in 5 U.S.C. 552(b). If it is shall file copies of the updated charter (a) The Head of each Service or Staff as prescribed in § 105-64.203. determined that only a portion of the Office shall ensure that in accordance meeting is concerned with such mat­ with established GSA procedures records (d) No advisory committee required to ters, only that portion of the meeting are maintained which fully disclose the file a new charter shall take any action shall be closed. Any determinations con­ disposition of any funds at the disposal other than the preparation o f the charter cerning the closing of meetings shall be of an advisory committee and the nature between the date the new charter is re­ submitted in writing by the Head of the and extent of its activities. quired and the date it is actually filed. Service or Staff Office to the Administra­ (b) In those instances in which GSA § 105—64.305 Termination of advisory tor for approval at least 30 calendar days is assigned administrative support re­ committees. in advance of the scheduled date of the sponsibilities for a Presidential advisory meeting. (a) An advisory committee which has committee, the Agency Liaison Division, fulfilled its purpose as stated in its (f) If a meeting is scheduled to dis­ Office of Management Services, Office of charter shall be terminated as soon as cuss matters which are exempt under 5 Administration, GSA, shall arrange for possible by the sponsoring Head of Serv­ U.S.C. 552(b), it may be closed to public the maintenance of all necessary finan­ ice or Staff Office by written notifica­ attendance only if the Administrator cial records as a part of its support determines that the meeting (or portion) tion to the GSA Committee Management services. Officer. will consist of an exchange of opinions, (c) Unless otherwise provided in the that the discussion if written would fall applicable Presidential order, statute, or (b) Failure to effect the continuation within exemption (5) of .5 U.S.C. 552(b), other establishing authority, the GSA of an advisory committee by no later and that it is essential to close such meet­ service or staff office sponsoring an ad­ than each successive anniversary date ing (or portion) to protect the free ex­ visory committee shall provide the nec­ will result in the automatic termination change of internal views and to avoid essary support services for operation of of that committee. undue interference with GSA or commit­ that committee. § 105—64.306 Complaint procedures. tee operations. § 105—64.304 Renewal of advisory com­ (a) Any person whose request for ac­ § 105—64.302 Committee records and m ittees. cess to an advisory committee document reports. (a) The anniversary date for renewal is denied may seek administrative re­ (a) Except for those instances inof a nonstatutory advisory committee in view pursuant to Part 105-60, which im­ which the Administrator of General existence when the Fédéral Advisory plements the Freedom of Information Services has determined otherwise pur­ Committee Act became effective shall be Act. suant to 5 U.S.C. 552(b), the records, re­ January 5,1975, and every 2 years there­ (b) On matters not involving access to ports, transcripts, minutes, appendixes, after. Each advisory committee estab­ documents, written complaints may be working papers, drafts, studies, agenda, lished after January 4, 1973, may be filed by aggrieved individuals or orga­ or other documents that were made renewed for successive 2-year periods be­ nizations with the Assistant Administra­ available to or prepared for or by a GSA ginning with the actual date of its es­ tor addressed to the General Services advisory committee shall be available tablishment. Administration (AL), Washington, DC (until Hie committee ceases to exist) for (b) Except in those instances in which 20405. Such complaints must be filed public inspection and copying in the office the continued existence of an advisory of the Government chairman (or GSA committee is provided for by law, the within 90 days from the date the griev­ representative) of the committee. After renewal of an advisory committee re­ ance arose. The Assistant Administrator the committee is terminated, disposition quires that the responsible Head of Serv­ shall promptly act upon the complaint of the committee documents and the sub­ ice or Staff Office submit to the Assistant and written notice of its disposition shall sequent release of information therefrom Administrator (Attn: GSA Committee be provided to the complainant. shall be in accordance with existing Fed­ Management Officer) the following: eral’ records, statutes, and regulations. (1) An updated charter with a full Subpart 105-64.4— Reports The provisions of 5 U.S.C. 552(b) (5) shall explanation of the need for the renewal § 105—64.400 Scope of subpart. not apply to access to advisory committee of the committee. (See § 105-64.203-1 for This subpart sets forth the reports documents unless the Administrator de­ the contents of the charter.) The charter termines that denial is essential to pro­ and explanation shall be furnished 60 required by this Part 105-64 and pre­ tect the free exchange of internal agency calendar days prior to the 2-year anni­ scribes instructions for submission of the views and to avoid undue interference versary date of the committee; reports.

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 26608 RULES AND REGULATIONS

§ 105—64.401 Report to Assistant Ad­ Effective date.—These regulations are at Washington, D.C., mid by filing a copy ministrator. effective September 24,1973. with the Director, Office of the federal By January 15 of each year, the Head Dated September 18,1973. Register. of the appropriate Service or Staff Office (49 TTJS.C. 301, 302, 304, 308, and 317 (5 U S c shall report on the activities of each ad­ A r t h u r F . S am pson , 553 and 559).) visory committee under his jurisdiction Administrator of General Services. in existence during the preceding calen­ [PR Doc.73-20221 Piled 9-21-73;8:45 am] By the Commission. dar year. The report shall be submitted [ seal] R o bert L. O swald, to the Assistant Administrator (Attn: Title 45— Public Welfare Secretary. GSA Committee Management Officer) and shall include the following infor­ CHAPTER II— SOCIAL AND REHABILITA­ 49 CFR Part 1056 shall be amended by m ation: TION SERVICE (ASSISTANCE PRO­ th addition of the following: (a) The exact name of the advisory GRAMS), DEPARTMENT OF HEALTH, § 1056.21 Uniform rales for identical com mittee; EDUCATION, AND WELFARE services. (b) Whether the committee is ad hoc PART 233— COVERAGE AND CONDITIONS (a) No m otor common carrier of house­ or continuing (Generally an ad hoc com­ OF ELIGIBILITY IN FINANCIAL ASSIST­ ANCE PROGRAMS hold goods shall have in effect for its mittee is one that is established for a account more than one level of line- particular purpose and has a short dura­ Dependent Children of Unemployed haul rates, whether local or joint, cover­ tion. A short duration is usually less than Fathers; Correction 12 m onths.); ing the transportation of noncon- FR Document 73-14304, published at tainerized household goods in inter­ (c) Establishment date or date of con­ state or foreign commerce between the tinuation (The establishment date is the page 18549 in the issue dated Thursday, July 12, 1973, is corrected by changing same two points hi the same direction. original creation date of the committee. (b) No motor common carrier of house­ The continuation date is the latest date the word “employed” in § 233.100(a) (1), first line, to “ unemployed” . hold goods shall have in effect for its that a review has taken place and the account more than one level of line-haul determination to continue the committee Dated September 12,1973. has been made. Indicate the most recent rates, whether local or joint, covering d a te.); L u isa V . I g lesias, the transportation of containerized (d) Specific establishment authority; Acting Assistant Administrator household goods in interstate or foreign for Policy Coordinaion, Social commerce between the same two points (e) A statement indicating whether in the same direction. the committee was: and Rehabilitation Service. (1) Specifically directed by law; Approved: September 19, 1973. [PR Doc.73-20292 Piled 9-21-73;8:45 am] (2) Authorized by law; T h om as S. M cF ee, (3) Established by agency authority; [Ex Parte No. MC-19 (Sub-No. 16) ] or Deputy Assistant Secretary , for Management Planning PART 1056— TRANSPORTATION OF (4) Established by Presidential direc­ and Technology. HOUSEHOLD GOODS IN INTERSTATE tive; OR FOREIGN COMMERCE (f) Termination or report date (This [PR Doc.73-20272 Piled 9-21-73; 8:45 am] date Indicates when the committee will Use of Credit Card Systems cease functioning. It may be the final Title 49— Transportation At a general session of the Interstate terminating date or the date a new con­ Commerce Commission, held at its office tinuance is due.); CHAPTER X— INTERSTATE COMMERCE in Washington, D.C., on the 4th day of (g) Brief statement of function; COMMISSION September 1973. SUBCHAPTER A— GENERAL RULES AND (h) The principal reports, by subject REGULATIONS It appearing, that investigation of the and date, submitted by the committee; matters and things involved in this pro­ [Ex Parte No. MC-19 (Sub-No. 7) ] (i) The dates of the committee’s meet­ ceeding having been made, and the Com­ ings during the preceding year, with a PART 1056— TRANSPORTATION OF mission, on the date hereof, having made summary total of the number of times HOUSEHOLD GOODS IN INTERSTATE and filed a report herein containing its m et; OR FOREIGN COMMERCE findings of fact and conclusions thereon, (j) The name, occupation, position, Participation in Rates at Different Levels which report is hereby made a part and address of each committee member; h ereof: At a general session of the Interstate It is ordered, That Part 1056 o f Sub­ (k) The estimated total aggregate an­ Commerce Commission, held at its office nual cost to the United States to fund, chapter A o f Chapter X o f Title 49 of the in Washington, D.C., on the 4th day of Code of Federal Regulations be, and it is service, supply, and maintain the com­ September 1973. m ittee; hereby, amended by adding a new § 1056. It appearing that investigation of the 25, reading as set forth below. (l) The estimated annual man-years matters and things involved in this pro­ of staff support for the committee; ceeding has been made and that the (49 U.S.C. 304,308, and 323.) (m) A statement of the specific accom­ Commission has made and filed its re­ It is further ordered, That this order plishments of the committee during the port herein containing its findings of shall become effective on November 2, preceding year; facts and conclusions thereon, which re­ 1973. (n) Any recommendations for exclu­ port is hereby referred to and made a It is further ordered, That notice of sion for national security reasons of in­ part thereof: this order shall be given the public by formation from the President’s report to It is ordered, That part 1056 o f Chapter depositing a copy thereof in the Office Congress; and X of Title 49 of the Code of Federal of the Secretary of this Commission at (o) Any recommendations to modify, Regulations be, and it is hereby, amended Washington, D.C., and by filing a copy merge, or abolish an advisory committee. by the addition o f § 1056.21 as set forth with the Director, Office of the Federal below. Register. § 105—64.402 Annual report to the Of­ It is further ordered, That this order fice of Management and Budget. And it is further ordered, That the pe­ shall become effective on January 1,1974, tition of the Mover’s & Warehousemen’s By February 1 of each year, the GSA and shall remain in effect until modified Association of America, Inc., filed Novem­ Committee Management Officer shall or revoked in whole or in part by further ber 9, 1971, in all other respects be, and prepare for the signature of the Assistant order of the Commission. it is hereby, denied. Administrator an annual GSA report to And it is further ordered, That notice the Office of Management and Budget of this order shall be given to the general By the Commission. regarding the status of all advisory com­ public by depositing a copy thereof in the [ seal] R obert L. O sw a ld , mittees for which GSA is responsible. Office of the Secretary of the Commission Secretary.

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 RULES AND REGULATIONS 26609

Title 50— Wildlife and Fisheries 1. On page 23526, in § 20.105(e), the 8 1056.25 Credit card plans; quarterly season dates for geese in the Coastal and 8 reporting required. CHAPTER I— BUREAU OF SPORT FISH­ Tnig.nri Zones of Massachusetts are ERIES AND WILDLIFE, FISH AND WILD­ (a) Each motor common carrier of LIFE SERVICE, DEPARTMENT OF THE amended to read “Oct. 20—Nov. 17/ household goods desiring to participate INTERIOR Dec. 8-Jan. 17.” in a credit card plan must obtain prior 2. On page 23527, in § 20.105(e), in the approval for such plan from the Inter­ SUBCHAPTER B— TAKING, POSSESSION, TRANS- PORTATION, SALE, PURCHASE, BARTER, EX­ Mississippi Flywaywide restrictions, the state Commerce Commission by submit­ PORTATION. AND IMPORTATION OF WILDLIFE ting a copy of its agreement with each areas closed to canvasback and redhead PART 20— MIGRATORY BIRD HUNTING financial institution participating in the hunting in Minnesota are amended to plan. Except in unusual circumstances Open Seasons, Bag Limits, and Possession read “Statewide.” The counties listed be­ ¿nd on an experimental basis, such a of Certain Migratory Game Birds; Cor­ side Minnesota are deleted. rections plan shall be equally available to all cer­ 3. On page 23527, in § 20.105(e), in the tificated motor common carriers of In FR Doc. 73-18361 appearing on page Mississippi Flyway table, the next two household goods desiring to participate 23524 in the issue of Friday, August 31, therein Approval or disapproval will be 1973, technical or typographical errors lines after “Illinois;” are amended to made informally by the Coipmission in- are corrected as follows: read: the form of a letter indicating informal consent for or disapproval of the plan. Point Ducks. Oct. 20-Dec. 3. Notices of approval will be published by system. the Commission in the Federal Register. Geese: *•* (b) Each motor common carrier of 4. On page 23527, in § 20.105(e), in the to this Plan, the Bureau of Narcotics household goods participating in an ap­ and Dangerous Drugs was abolished, and proved credit card plan shall file with Mississippi Flyway table, the season • dates for ducks in Iowa are amended to all functions of the Bureau were trans­ the Commission quarterly reports show­ ferred to the Drug Enforcement Admin­ ing (1) by bill of lading number and date read “ Oct. 6—Oct. 10/Oct. 20—Nov. 28. 5. On page 23528, footnote 2 is amended istration. On July 2, 1973, an order was each shipment transported for which a published in the F ederal R egister (38 credit card was utilized by the shipper to read: __ - v 6. On page 23531, in § 20.105(g), m FR 18380) delegating the functions for the payment of all or a portion of the vested in the Attorney General under the total charges, (2) the total charges for the Seasons in the Atlantic Flyway, the season dates for Florida are amended to Comprehensive Drug Abuse Prevention each such shipment, (3) the amount paid and Control Act o f 1970 to the Admin­ by carrier for credit checks and collec­ read “Nov. 22-Dec. 9/Dec. 20-Jan. 20.” 7. On page 23531, in § 20.105(g), in the istrator of the Drug Enforcement tion service on each shipment, (4) the Administration. points from and to which each such ship­ Seasons in the Central Flyway, the lines Therefore, it is hereby ordered that all ment moved, (5) the credit card system for Montana seasons are amended to references to the Bureau of Narcotics utilized (and the financial institution read: and Dangerous Drugs in Title 21, Chap­ controlling the said system) for each M ontana1 ------Sept. 29—Nov. 27 / ter II, of the Code of Federal Regulations Dec. 15—Dec. 30. such shipment, and (6) the quarterly be hereby changed to refer to the Drug totals for items (1), (2), and (3). 8. On page 23531, in § 20.105(h), in the Enforcement Administration, and that all references to the Director of the Bu­ [FR Doc.73-20293 Filed 9-21-73;8:45 am] Seasons in the Atlantic Flyway, the sea­ son dates for Florida are amended to reau of Narcotics and Dangerous Drugs read “Jan. 21-Jan. 31.” be hereby changed to refer to the Ad­ [Ex Parte No. 275] ministrator of the Drug Enforcement (40 Stat. 755; (16 U.S.C. 703 et seq.).) Administration, and that all references PART 1115— ISSUANCE OF SECURITIES, Effective date.—These amendments to the Regional Director of the Bureau ASSUMPTION OF OBLIGATIONS, AND are effective September 24, 1973. of Narcotics and Dangerous Drugs be FILING OF CERTIFICATES AND RE- hereby changed to refer to the Regional PORTS F. V. S c h m id t , Acting Director. Bureau of Administrator of the Drug Enforcement Change in Effective Date_ Sport Fisheries and Wildlife. Administration. S eptem ber 18, 1973. The Office of the Federal Register has S eptem ber 19,1973. notified the Drug Enforcement Admin­ The report of the Commission upon [FR Doc.73-20265 Filed 9-21-73; 8:45 am] istration that the Food and Drug Ad­ further consideration and order, 344, ministration intends to republish and I.C.C. 114, entered August 16,1973, pro­ Title 21— Food and Drugs redesignate its regulations in a series vided that the order would become ef­ covering Parts 1—1299, and has asked fective 60 days after publication in the CHAPTER II— DRUG ENFORCEMENT AD­ the Drug Enforcement Administration MINISTRATION, DEPARTMENT OF to redesignate its parts and sections be­ F ederal R eg ister. JUSTICE ginning with Part 1300. Therefore, pur­ In the publication-in the F ederal R eg­ AGENCY REFERENCES AND PARTS suant to the authority vested in the At­ ister of September 5,1973 (38 FR 23953) REDESIGNATION torney General by sections 201, 202(d), F ederal R eg ister as corrected in the o f Editorial Changes 301, 3 0 2 (f), 304, 305, 3 0 6 (f), 307, 308, September 11, 1973 (38 FR 24903) and 501(b), 505, 507, 511, 513, 704(c), 705, of September 14, 1973 (38 FR 25686) the On July 1, 1973, Reorganization Plan No. 2 of 1973 became effective. Pursuant 1002, 1003, 1004, 1006, 1007(b), 1008(d), effective date of the order entered Au­ 1008(e), and 1015 of the Comprehen­ gust 16, 1973, was incorrectly set forth. 2 In the States of Illinois and Wisconsin, sive Drug Abuse Prevention and Control The report and order stated that the the kill of Canada geese will be limited to Act o f 1970, and delegated to the Ad­ order was to become effective 60 days 28,000 birds in each State. In the Swan Lake ministrator of the Drug Enforcement area of Missouri the kill of Canada geese will after publication in the F ederal R e g is­ be limited to 17,500 birds. When it is deter­ Administration by § 0.100 o f Title 28 of ter. The 60th day following corrected mined by the Director, Bureau of Sport Fish­ the Code of Federal Regulations (38 FR publication is Saturday, November 10, eries and Wildlife, that the quota of Canada 18380), it is hereby ordered that all parts 1973, therefore, the order will be effec­ geese allotted to the State of Illinois or to the Swan Lake area of Missouri will have been and sections now contained in Title 21, tive, Monday, November 12, 1973. killed, the season for taking Canada geese Chapter II, of the Code of Federal Regu­ in the respective areas will be closed by the [ seal] R obert L . O sw a ld , lations be redesignated upward by one Director upon giving public notice through Secretary. local information media at least 48 hours in thousand (e.g., Part 301 becomes Part [FR Doc.73-20291 Filed 9-21-73;8:45 am] advance of the time and day of closing. 1301, and § 303.37becomes § 1303.37).

FEDERAL REGISTER. VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 26610 RULES AND REGULATIONS

These orders shall become effective on September 24, 1973. Manufacturer or supplier Product name and supplier’s catalog number Form of product Date of Dated September 14,1973. application

J o h n R . B artels, J r., American Hospital Supply Clinicard, pseudo-cholinesterase, catalog Clinicard cuvette Acting Administrator, Corp. (Harleco Division). No. 32307. containing a powder M»y 31,1973 Drug Enforcement Administration. to be reconstituted by adding 3 ml I PR Doc.73-20144 Piled 9-21-73; 8:45 am] water.

Amersham/Searle-----...... HPL Immunoassay Kit No. IM-68___ i___ Bottle: 30 ml. May 18,1973 PART 1308— SCHEDULES OF * * * * CONTROLLED SUBSTANCES Bio-Reagents & Diagnostics, Toxicology control urine-dried No. 6716-25... Bottle: 25 ml Inc. June 25,1973 Exempt Chemical Preparations D o------. . . . ------Toxicology control serum-dried No. 6726-10. . Bottle: 10 m l. Do. D o...... Toxicology urine proficiency control-dried Bottle: 25 ml. Do. The Administrator of the Drug En­ No. 6736-25. D o------■— ------Abnormal control urine, assayed-dried N o . _____ do Do. forcement Administration has received 6954-25...... applications pursuant to § 1308.23 of Title 21 of the Code of Federal Regula­ Clinical Assays, Inc------Morphine urine standard No. CA-224______Vial: 5 or 10 m l. June 13,1973 tions requesting that several chemical D o------Morphine urine standard No. CA-225______do______I i Do. preparaitons containing controlled sub­ D o------Morphine urine standard No. CA-226______do_____ HI I Do. Do;------ji------;------Morphine Urine Standard No. CA-227...;______do______II m Do. stances be granted the exemptions pro­ D o...... Morphine Urine Standard No. CA-228______do...... II . * Do. vided for in § 1308.24 of Title 21 of the D o------. . . . Morphine Urine Standard No. CA-229______do______Do. D o ...... *H Morphine No. CA-615____...... ______do...... IIII ; Do. Code of Federal Regulations. i The Administrator hereby finds that Diagnostics, I n c ...... DiAgAu Buffer, No. 65...... Bottle: 1 gal .M ay 7,1973 each of the following chemical prepara­ D o...... DiAgAu Plates, No. 5 0 ...... Plate: 16m l. Do. tions and mixtures is intended for labo­ D o------DiAgAu Plates, No. 55______...... ______do_____... Do. ratory, industrial, educational, or spe­ Bottle: 100 ml and July 5.1973 cial research purposes, is not intended N D C No. 815-0566-1 and No. 815-0566-2. 500ml. for general administration to a human * being or other animal, and either (a) Vial: 60 ml and 5 m l.. July 6,1973 contains no narcotic controlled sub­ turates (*H). Vial: 60 ml and 5 m l.. Do. stance and is packaged in such a form turates (lîsI). or concentration that the package quan­ IV.)" * tity does not present any significant po­ Vial: 7 dram, 7.4 g May 17,1973 tential for abuse, or (b) contains either per vial, 5 vials per package. a narcotic or nonnarcotic controlled D o------Buffer No. C135. , Vial: 7 dram______i Do. substance and one or more adulterating . Plate: 2 ml, 6 per kit.. Do. or denaturing agents in such a manner, * ■M * combination, quantity, proportion or . Vial: 50 ml , , May 3,1973 terns, Inc. concentration, that the preparation or D o ..:------Ecgonine Sensitised R B C ______.... Do. mixture does not present any potential D o ------,------5-ethyl-5-(l-carboxy-n-propyl)barbituric ____ d o...... Do. for abuse. If the preparation or mixture acid Sensitized RBC. contains a narcotic controlled substance, * * the preparation or mixture is formulated Vial: 3 ml ... \ May 29,1973 D o ------— ------SGOT Assay Vial, No. 55-5_____ Vial: 15 ml___ - .. Do. in such a manner that it incorporates D o ------SGOT 10 Assay Vial, No. 55-10.. Vial: 30 ml ______■ Do. methods of denaturing or other means D o .------SG PT Single Assay Vial, No. 55-: Vial: 3 ml______. Do. D o ...... SGPT 5 Assay Vial, No. 55-OP . . Vial: 15 ml- Do. so that the preparation or mixture is not D o...... SG PT 10 Assay Vial, No. 55-10P. Vial: 30 ml_ . _ _ . Do. liable to be abused, and so that the nar­ D o------n...... SGOT Reagent No. 155-10...... Do. D o...... SGOT Reagent No. 155-100...... Vial: 100 ml...... Do. cotic substance cannot in practice be D o------SG PT Reagent No. 155-10P____ Vial: 30ml__- _____ Do. removed. The Administrator further D o ...... SG PT Reagent No. 155-100P____ Vial: 100 m l...... Do. finds that exemption of the following ' D o ...-----—... ------LDH-P Reagent No. 126-10_____„ Vial: 30 ml___- _____ Do. D o ....------L D H -P Reagent No. 125-100.. Vial: 100 ml...... Do. chemical preparations and mixtures is * . Bottle: 5 ml ...... May 22,1973 consistent with the public health and D o------v------F rat Methadone Spin Label Reagent B ______.do. safety as well as the needs of researchers, D o------. j . ------Frat Barbiturate Spin Label Reagent B ______do____ do______Do. chemical analysts, and suppliers of these D o------... ______Frat Amphetamine Spin Label Reagent B ______dodo. _ _ ... ____ Do. D o------...... Frat Cocaine Metabolite Spin Label R e- _____------do...... __ _ Do. products. agent B. Therefore, under the authority vested D o------Emit Opiate Enzyme Reagent B.______D o------...... ____ -,__ .... Emit Methadone Enzyme Reagent B .. ____ Do. in the Attorney General by sections 301 D o------Emit Barbiturate Enzyme Reagent B .____ ...... do...... mm Do. and 501(b) of the Comprehensive Drug D o..:------.... Emit Amphetamine Enzyme Reagent B ___ ------d o ..,...... i . . . . Do. D o...... Emit Cocaine Metabolite Enzyme Reagent ...... do...... jW P Do. Abuse Prevention and Control Act of B. 1970 (21 U.S.C. 821 and 871(b)) and D o------Emit Opiate Enzyme Reagent B ______Bottle: 60 ml_____ . . . . . Do. delegated to the Administrator of the D o______Emit Methadone Enzyme Reagent B ..______...... Do. D o ...... Emit Barbiturate Enzyme Reagent B ...... do_. Do. Drug Enforcement Administration by D o------Emit Amphetamine.Enzyme Reagent B ______-do...... 2...... Do. § 0.100 of Title 28 of the Code of Federal D o------...... Emit Cocaine Metabolite Enzyme Reagent Do. Regulations (see 38 FR 18380, July 2, B. D o------Emit Low C alibrator...... , Vial: 3 ml______...... May 5,1973. 1973) the Administrator hereby orders 'D o ------Emit Medium Calibrator...,______3ÈÊÊ Do. that Part 1308 of Title 21 of the Code of D o______*______Emit High Calibrator.______...... Do. D o...... _...... Products of the following substances either Vial: 50 ml...... May 31,1973. Federal Regulations be amended as alone or in combination with one another follow s: and not to exceed 10 micrograms per milli­ liter lyophilized human urino: (1) Am­ By amending § 1308.24(e) by adding phetamine, (2) Benzoyl Ecgonine, (3) Co­ the following chemical preparations: deine, (4) Ecgonine, (5) 2-Ethilidene-l,5- dimethyl-3,3-diphenyl-pyrrolidine, (6) Glu- § 1308,24 Exempt chemical' prepara* tethimide, (7) Methadone, (8) Metham- tions. phetamine, (9) Methaqualone, (10) Mor­ phine, (11) Morphine Glucuronide, (12) ***** Pentobarbital, (13) Phénobarbital, (14) (i) * * * Secobarbital.

FEDERAL REGISTER, VOL, 38, N O . 184— M ONDAY, SEPTEMBER 24, 1973 RULES AND REGULATIONS 26611

Effective date.— This order is effective finds that a number of technical ad­ and nonconstruction operations is re­ on September 21, 1973. Any interested justments to the regulations are re­ quired to calculate a separate base pe­ nerson may file written comments on or quired. riod profit margin for each. Its noncon­ objections to the order by November 20, A new §150.61 is being added to Sub­ struction operations are then governed by 1973 If any such comments or objections part D—Exemptions, to exempt from the other appropriate provisions of Part 150 raise significant issues regarding any operation of Phase TV price regulations while its construction operations are sub­ finding of fact or conclusion of law those small firms which are engaged in ject to Subpart N. However, if its annual upon which the order is based, the Ad­ construction operations but have annual revenues from nonconstruction opera­ ministrator shall immediately suspend sales and revenues from construction op­ tions are more than 50 percent of its the effectiveness of the order until he erations of no more than $1 million. total revenues and its construction and may reconsider the application in light Since profit margin limitations are nonconstruqtion operating incomes can­ of the comments and objections filed. the primary basis for price stabilization not be separately identified, the firm’s Thereafter, the Administrator shall re­ with respect to the construction industry, entire operations are subject to such instate, revoke or amend his original Subpart N is being revised and restated other provisions of Part 150 as are appli­ order as he determines appropriate. in its entirety so as to state its operative cable to its nonconstruction operations. If its annual revenues from nonconstruc­ Dated September 14, 1973. rules in terms relating to profit mar­ gins, eliminate references to individual tion operations are not more than 50 per­ J o h n R . B artels, J r., prices, and incorporate several provi­ cent of its total revenues and its con­ Acting Administrator, sions to facilitate an effective and equi­ struction and nonconstruction operating Drug Enforcement Administration. table operation of the profit margin lim­ incomes cannot be separately identified, [PR Doc.73-20143 Filed. 9-21-73;8:45 am] itation. In addition, a number of other the firm’s entire operations are subject minor technical changes are reflected. to the profit margin limitation prescribed As revised, § 150.451 provides that in Subpart N and in all other respects its CHAPTER 111— SPECIAL ACTION OFFICE nonconstruction operations are subject FOR DRUG ABUSE PREVENTION Subpart N applies to the construction operations of all firms other than - those to such other pricing rules in Part 150 as PART 1401— CONFIDENTIALITY OF DRUG may be applicable. ABUSE PATIENT RECORDS small firms exempt under new § 150.60. Under the earlier regulations, firms de­ New § 150.455(a) prescribes the basic Redesignation of Part . riving less than 20 percent and less than profit margin limitation (i.e. a firm’s profit margin on construction operations Under date o f November 17, 1972, the $50 million in annual sales and revenues from construction operations were sub­ may not exceed its base period profit Special Action Office for Drug Abuse margin on construction operations). Prevention caused to be published under ject to other applicable provisions of Part 150 dealing with manufacturers, However, under paragraph .(b)", if 90 per­ Title 21 of the F ederal R egister Part cent or more of a firm’s annual sales and 401, Chapter III relatihg to the “Con­ service organizations, retailers, etc. As revised, Subpart N becomes applicable to revenues come from the sale of exempt fidentiality of Drug Abuse Patient Rec­ items and it derives less than $50 million ords.” (Volume 37, No. 223, pages 24636- the construction operations of all firms, other than the small exempt firms. Para­ of its annual sales and revenues from 24639; 37 CFR 401). It is now desired nonexempt items, the firm is excused to redesignate said Part 401, Chapter graph (b) of § 150.451 provides that Sub­ part N supersedes certain provisions of from the profit margin limitation for the m of the Code of Federal Regulations. following year. Under paragraphs (c) Therefore, it is ordered that Part 401, Part 150 that could otherwise be appli­ cable to a firm’s construction operations. and (d ), if a firm exceeds its profit mar­ Chapter in of Title 21 of the Code of gin limitation, the Cost of Living Council Federal Regulations be redesignated and In § 150.452 the definition of “ annual sales or revenues” has been shortened will consider certain enumerated causal shall hereafter be referred to as Part factors in determining what sanctions 1401, Chapter III of Title 21 of such by incorporating by reference the def­ inition of that term as set forth in the should be applied for the overage. Code, and §§ 401.01 to 401.73 therein are New § 150.456 is a revision o f form er redesignated accordingly and shall be general definintions in § 150.31. The def­ inition of “base period” has been § 150.455 and has been recast in terms of hereafter referred to as §§ 1401.01 to a firm’s profit margin rather than the 1401.73. changed to conform to the phraseology in the definition of “base period” in the prices it charges so as to conform to the By order of the Director of the Special general definitions in § 150.31. The defi­ overall restructuring of revised Sub­ Action Office for Drug Abuse Prevention. nition of “construction industry” has part N. - Effective September 24, 1973. , been eliminated as surplusage and cov­ New § 150.457 replaces form er § 150.454 ered by the defined term “construction and prescribes an annual reporting re­ G r a st y C r e w s , n , quirement for firms deriving $10 million General Counsel. operations”. Section 150.453 has been changed in or more annually from construction oper­ [PR Doc.73-20223 Filed 9-21-73;8:45 am] two respects. In paragraph (c) (2) “the ations. It also requires firms deriving less owner or user, the CISC or Council” have than $10 million but more than $1 mil­ Title 6— Economic Stabilization been added to the list of persons who lion from construction to maintain rec­ ords to demonstrate their compliance CHAPTER I— COST OF LIVING COUNCIL can notify a prime contractor of a CISC or Council action resulting in a wage or with Subpart N. PART 150— COST OF LIVING COUNCIL; salary reduction. In paragraph (d), the Because the purpose of this amend­ PHASE IV PRICE REGULATIONS authorization for a prime contractor to ment is to provide immediate guidance Construction Industry place in escrow an amount due a subcon­ and information with respect to the de­ tractor to cover a wage or salary reduc­ cisions of the Council, the Council finds The purpose of this amendment to that publication in accordance with nor­ Part 150 of the Cost of Living Council tion has been limited to those situations where the prime contractor does not mal rule making procedure is impractica­ Phase IV Price Regulations is to revise ble and that good cause exists for mak­ Subpart N—Construction. otherwise retain a sufficient percentage of the subcontract price pending com­ ing these amendments effective in less On July 19, 1973, the Cost o f Living than 30 days. Council established Part 150 and issued pletion of the project. Subpart N, 38 FR 19462 (July 20, 1973) Former § 156.456 has been divided into (Economic Stabilization Act of 1970, as as the first body of Phase TV price sta­ two separate section^, § 150.454 covering amended, Pub. L. 92-210, 85 Stat. 743; Pub. L. bilization regulations. As originally is­ the calculation of a firm’s base period 93-28, 87 Stat. 27; E.O. 11730, 38 FR 19345; profit margin lim itation and § 150.455 Cost of Living Council Order No. 14, 38 FR sued, Subpart N was essentially a re­ 1489.) publication of the regulations first is­ setting forth the rules for measuring a sued on June 18, 1973, 38 FR 15821. In firm’s compliance therewith. In consideration of the foregoing Part light of its experience under Subpart N Under new § 150.454 governing the cal­ 150 of Title 6 of the Code of Federal Reg­ and the earlier regulations and on the culation of a firm’s base period profit ulations is amended as follows, effective basis of comments received, the Council margin, a firm having both construction September 26, 1973.

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 Ha. 184—Pt. I——3 26612 RU1.ES AND REGULATIONS

Issued in Washington, D.C., on Sep­ firm’s fiscal years ending after August 15, of CISC or Council action,-shall promptly tember 21, 1973. 1968, except a fiscal year for which com­ notify the prime contractor of any such J o h n T . D u n lo p, pliance is being measured. If a firm uses reduction, notwithstanding the dollar D irector, for its base period, a fiscal year ending value of the subcontract. Cost of Living Council. after August 15, 1971, and prior to Jan­ (2) In the absence of a contract clause uary 11, 1973, for which the firm ex­ relating to redetermination of the con­ 1. Section 150.60(a) (2) (iii) and (b) (2) ceeded a profit margin limitation im­ tract price, and after notification by (in) are amended to read as follows: posed pursuant to the provisions of Part subcontractors, the owner or user, CISC § 150.60 Small business: exemption of 300 of this title in effect on January 10, or the Council of a reduction in thé wages firms with 60 or fewer employees. 1973, it shall reduce its operating income and salaries o f construction workers as for that fiscal year to the level of oper­ (a) * * * a result of CISC or Council action, the ating income it would have obtained for prime contractor shall offer in writing ( 2) * * * that fiscal year had it been in compliance (iii) A firm which on August 12, 1973, to redetermine the contract price with with that Part 300 of this chapter profit the owner or user prior to final payment was engaged in construction operations margin restraint. as defined in § 150.452 and which derived and furnish the owner or user with a more than $1 million in annual sales and “Construction operations” includes all statement of the estimated number of revenues from those construction opera­ work relating to the erecting, construc­ employees affected by the CISC or Coun­ tions during its most recently completed tion, altering, remodeling, painting, or cil action. fiscal year. . decorating of installations such as build­ (3) The owner or user shall notify the ings, bridges, highways, and the like when * * * * * contractor of his intention to jointly re­ performed on a contract basis, but does determine the contract price within 90 (b ) * * * not include maintenance work performed days after receipt o f the offer referred <2) * * * by workers employed on a permanent to in paragraph ( c ) ( 2) of,th is section. (iii) A firm which at any time during basis in a particular plant or facility for (d) In com plying with this section] Its first four calendar quarters after the purpose of keeping such plant or the prime contractor may require each June 30, 1973, was engaged in construc­ facility in efficient operating condition. subcontractor, regardless of tier, to sub­ tion operations as defined in § 150.452 It also includes the transporting of mate­ mit to him a statement o f the estimated and had annual sales and revenues from rials and supplies to or from a partic­ number of employees affected by the re­ those construction operations of $1 mil­ ular building or project by the workers sults of the CISC or Council action. The lion or more. of the contractor or subcontractor per­ final payment due the subcontractor en­ 2. The items in the table of sections forming the construction or the manu­ gaged to perform the subcontracted work pertaining to Subpart N are amended to facturing of materials, supplies, or equip­ shall be join tly redetermined to reflect read as follows: ment on the site of a project by those fairly the results o f the CISC or Council workers and all other work classified as action, including any cost increases di­ Subpart N— Construction Sec. construction in § 5.2(g) of Title 29 Code rectly resulting from such action. Pend­ 150.451 Applicability and scope. o f Federal Regulations. ing notification by the owner or user of 150.452 Definitions. § 150.453 Redetermination of contracts his intent to redetermine the contract 150.453 Redetermination of contracts over over $500,000 when wages reduced price, and if the prime contractor does $500,000 when wages reduced by by CISC or the Council. not hold sufficient funds in the form of CISC or th e C ouncil. retainage to fairly reflect the CISC or 150.454 Base period profit margin calcula­ (a) The contract price for each con­ Council action, the prime contractor may tion . struction contract in excess of $500,000, 150.455 Profit margin limitation. place in escrow an amount which fairly all or part of which is performed by con­ reflects that action. The prime contrac­ 150.456 Pass through of certain wage ad­ struction workers whose wages and sal­ justm ents. tor shall refund to the subcontractor the 150.457 Reporting; recordkeeping. aries are subject to review by the Con­ amount placed in escrow if the owner struction Industry Stabilization Commit­ or user does not indicate to the prime 3. Subpart N is amended to read as tee (CISC) or the Cost of Living Coun­ contractor his intention to jointly re­ follow s: cil, shall be redetermined prior to final determine the contract price within the Subpart N— Construction payment if the wage and salary level of 90-day period specified, or if the owner or those construction workers is reduced § 150.451 Applicability and scope. user does notify the prime contractor as a result of CISC or Council action. The during that time period that he will not (a) This subpart applies to the con­ amount by which the contract price is redetermine the contract price. struction operations of all firms which reduced as a result of the redetermina­ derived $1 million or more in annual tion must fairly reflect the results of the § 150.454 Base period profit margin sales or revenues from construction op­ CISC or Council action, including any calculation. erations during its most recently com­ cost increases directly resulting from the (a) Except as provided in paragraphs pleted fiscal year. CISC or Council action. (b) and (c) of this section, each firm to (b) With respect to firms to which (b) Redetermination of any Federal which this subpart applies shall, to the this subpart applies, this subpart super­ Government fixed-price prime construc­ extent possible and consistent with the sedes the provisions o f §§ 150.3, 150.10, tion contract in excess of $500,000 af­ accounting principles customarily used and 150.11 and Subparts E, F, G, H and fected by CISC or Council action shall in preparation of its financial state­ K of this part except as otherwise pro­ be conducted in the manner provided in ments, calculate its base period profit vided in § 150.454. To the extent that this the applicable federal procurement reg­ margin on construction operations sepa­ subpart may be inconsistent with any ulations and applicable regulations of the rately from its base period profit margin other provisions in this part, the provi­ Department of Defense. on its other operations. In calculating a sions in this subpart govern. (c) Redetermination of fixed-price base period profit margin on construc­ tion operations, the firm shall use the § 150.452 Definitions. prime construction contracts in excess of $500,000 other than those referred to definition of base period set forth in' As used in this subpart— in paragraph (b) of this section shall be § 150.452 and in calculating a base period “Annual sales or revenues” means an­ conducted in the following manner: profit margin on other operations the nual sales or revenues as defined in (1) Upon notification of a reductionfirm shall use the definition of base pe­ § 150.31 and includes a firm ’s pro rata in the wages and salaries of construction riod set forth in § 150.31. The firm’s other share of annual sales or revenues derived operations are subject to Subpart E, Sub­ workers subject to CISC or Council re­ part K, or such other provisions of this from the construction operations of any view each subcontractor performing part as may be applicable. joint venture in which it is a participant. work under the prime contract, whose (b) If a firm’s annual sales or reve­ “Base period” means any one, at the construction workers have had a reduc- * nues from other than construction op­ option of the firm concerned, of that tion of wages and salaries as a result erations are more than 50 percent of its

FEDERAL REGISTER, VOL. 38, N O . 184— M ONDAY, SEPTEMBER 24, 1973 RULES AND REGULATIONS 26613 total annual sales or revenues and the operations, the Council in determining struction operations to which this sub­ firm cannot separate its construction and an appropriate sanction will consider part applies and which derives $10 mil­ nonconstruction operating income, the whether the excess results from factors lion or more in annual sales or revenues firm shall treat its construction opera­ such as variation in the profit margin from construction operations, shall pre­ tions as part of its other operations for caused by the accounting method used on multiyear projects, or other factors pare and submit to the Cost of Living purposes of Subpart E, Subpart K, or Council within 90 days after the end of such other provisions of this part as may which are unique to the construction in­ be applicable. dustry and which would distort the com­ each fiscal year ending after June 12, (c) If a firm’s annual sales or reve­parison of a firm’s current profit margin 1973, a sales and profit margin report on nues from other than construction oper­ on construction operations with that a form prescribed by and in accordance ations are not more than 50 percent of which prevailed in its base period. with instructions issued by the Council. (d) Any justification advanced by a its total annual sales or revenues and (b) Each firm to which this subpart the firm cannot separate its construction firm for its profit margin excess based and nonconstruction operating income, on any of the factors listed in paragraph applies and which derives more than $1 the firm shall treat its nonconstruction

FEDERAL REGISTER, VOL. 38, N O . 184— M ONDAY, SEPTEMBER 24, 1973 26614 ______Proposed Rules ______

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

DEPARTMENT OF AGRICULTURE (1) Any oranges of any variety, grown pursuant to the marketing agreement, as in the production area, unless such Agricultural Marketing Service amended, and Order No. 906, as amended oranges grade U.S. Fancy, U.S. No. 1, (7 CFR Part 906), regulating the han­ » [ 7 CFR Part 906 ] U.S. No. 1 Bright, U.S. No. 1 Bronze, U.S. dling of oranges and grapefruit grown in ORANGES AND GRAPEFRUIT GROWN IN Combination with not less than 60 per­ the Lower Rio Grande Valley in Texas. THE LOWER RIO GRANDE VALLEY IN cent, by count, of the oranges in any lot This program is effective under the Agri­ TEXAS thereof grading at least U.S. No. 1 grade; cultural Marketing Agreement Act of or U.S. No. 2; 1937, as amended (7 U.S.C. 601-674). Proposed Limitation of Handling (2) Any oranges of any variety, grown All persons who desire to submit writ­ This notice proposes minimum grade in the production area, which are smaller ten data, views, or arguments in connec­ and size requirements for oranges grown than pack size 288, as such size is speci­ tion with the proposal should file the in the Lower Rio Grande Valley in Texas fied in § 51.691(c) of the U.S. Standards same with the Hearing Clerk, Room fo r the period October 16, 1973, through for Oranges (Texas and States other 112A, U.S. Department of Agriculture, November 3, 1974. The proposed require­ than Florida, California and Arizona), W ashington, D.C. 20250, not later than ments are designed to promote orderly except that the minimum diameter limit October 1, 1973. All written submissions marketing and provide consumers with for pack size 288 oranges in any lot shall made pursuant to this notice will be an ample supply of acceptable quality be 2%e inches; made available for public inspection at fruit. (3) Any oranges of any variety, grown the office of the Hearing Clerk during The proposal would limit the handling as aforesaid, for which inspection is re­ regular business hours (7 CFR 1.27(b)). of oranges by establishing regulations, quired unless an appropriate inspection The proposed regulation was recom­ pursuant to the marketing agreement, as certificate has been issued with respect mended by the Texas Valley Citrus Com­ amended, and Order No. 906, as amended thereto not more than 48 hours prior to mittee, and it reflects the committee’s (7 CFR Part 906), regulating the han­ the time of shipment; or appraisal of the need for regulation, and dling of oranges and grapefruit grown (4) Any oranges of any variety, grown of the crop and current and prospective in the Lower Rio Grande Valley in Texas. as aforesaid, unless such oranges meet all market conditions. Shipments of grape­ This program is effective tinder the Agri­ the applicable container and pack re­ fruit from the production area are ex­ cultural Marketing Agreement Act of quirements which are in effect pursuant pected to begin on or about October 16, 1937, as amended (7 U.S.C. 601-674). to the aforesaid marketing agreement 1973. The proposed grade and size re­ All persons who desire to submit writ­ and order during the period. quirements provided herein are designed ten data, views, or arguments in connec­ (b) Terms used in the marketing agree­ to prevent the handling on and after tion with the proposal should file the ment and order shall, when used herein, October 16, 1973, o f any grapefruit of same with the Hearing Clerk, Room 112A, have the same meaning as is given to the lower grades and smaller sizes than those U.S. Department of Agriculture, Wash­ respective term in said marketing agree­ herein specified, so as to provide con­ ington, D.C. 20250, not later than Octo­ ment and order; and terms relating to sumers with good quality fruit, consist­ ber 1,1973. All written submissions made grade and diameter, when used herein, ent with the overall quality of the crop, pursuant to this notice will be made have the same meaning as is given to the while providing producers a fair return available for public inspection at the respective term in the United States pursuant to the declared policy of the office of the Hearing Clerk during regu­ Standards for Oranges (Texas and States act. lar business hours (7 CFR 1.27(b)). other than Florida, California and Ari­ The proposed grade requirements pro­ The proposed regulation was recom­ zona) (7 CFR 51.680-51.714). vided herein are the same as those cur­ mended by the Texas Valley Citrus Com­ Dated September 19,1973. rently in effect, while the proposed size mittee, and it reflects the committee’s requirements for the periods specified appraisal of the need for regulation, and C h a r l e s R . B rader, are comparable to those in effect during of the crop and current and prospective Acting Deputy Director, Fruit the past season. The proposed more market conditions. Shipments of oranges and Vegetable Division, Agri­ stringent size requirement, for the period from the production area are expected to cultural Marketing Service. November 5, 1973, through February 24, begin on or about October 16, 1973. The [PR Doc.73-20277 Filed 9-21-73;8:45 am] 1974, is designed to prevent a weakening proposed grade and size requirements of the market during a period of nor­ provided herein are designed to prevent mally heavy shipments, and to maintain the handling on and after October 16, [ 7 CFR Part 906 ] the competitiveness of Texas grapefruit 1973, of any oranges of lower grades and ORANGES AND GRAPEFRUIT GROWN IN when other areas are shipping greater smaller sizes than those herein specified, THE LOWER RIO GRANDE VALLEY IN volumes of larger grapefruit. Grade and so as to provide consumers with good TEXAS size requirements are currently in effect through October 15,1973, under § 906.351 quality fruit, consistent with the overall Proposed Limitation of Handling quality of the crop, while providing pro­ G rapefruit Regulation 24 (37 FR 21801) . ducers fair returns pursuant to the de­ This notice proposes minimum grade Such proposal reads as follows: clared policy of the act. The proposed and size requirements for grapefruit grade and size requirements are the same grown in the Lower Rio Grande Valley § 906.353 Grapefruit Regulation 25. as those currently in effect through Octo­ in Texas fo r the period October 16, 1973, Order, (a) During the period Octo­ ber 15, 1973, under § 906.350 Orange through November 3, 1974. The proposed ber 16, 1973, through November 3, 1974; Regulation 24 (37 FR 21801). Such pro­ requirements are designed to promote no handler shall handle: posal reads as follows: orderly marketing and provide consum­ (1) Any grapefruit of any variety, § 906.352 Orange Regulation 25. ers with an ample supply of acceptable grown in the production area, unless Order, (a) During the period Octo­ quality fruit. such grapefruit grade U.S. Fancy; U.S. ber 16, 1973, through November 3, 1974, The proposal would limit the handling No. 1 Bright; UJS. No. 1; U.S. No. 1 no handler shall handle: of grapefruit by establishing regulations, Bronze; or U.S. No. 2;

FEDERAL REGISTER, VOL. 38, N O . 184— M ONDAY, SEPTEMBER 24, 1973 PROPOSED RULES 26615

[7 CFR Part 927] (2) Any grapefruit of any variety, and grapefruit grown in the Lower Rio grown in the production area, which are Grande Valley in Texas. This program BEURRE D’ANJOU, BEURRE BOSC, WIN­ smaller than pack size 112, as such size is effective under the Agricultural Mar­ TER NELIS, DOYENNE DU COMICE, is specified in § 51.630(c) of the U.S. keting Agreement A ct o f 1937, as BEURRE EASTER, AND BEURRE CLAIR- S tan dards for Grapefruit (Texas and amended (7 U.S.C. 601-674). GEAU VARIETIES OF PEARS GROWN IN States other than Florida, California and All persons who desire to submit writ­ OREGON, WASHINGTON, AND CALI­ A rizo n a ), except that the minimum di­ ten data, views, or arguments in con­ FORNIA ameter limit for pack size 112. grapefruit nection with the proposal should file the Proposed Expenses and Fixing of Rate of in any lot shall be 3A inches: Provided, same with the Hearing Clerk, Room Assessment for 1973—74 Fiscal Period 112A, U.S. Department of Agriculture, That during the period November 5, This notice invites written comments 1973, through February 24,1974, no han­ Washington, D.C. 20250, not later than October 1, 1973. All written submissions relative to the proposed expenses of dler shall handle any grapefruit of any $82,445 and the assessment rate of variety, grown in the production area, made pursuant to this notice will be made available for public inspection at $0.015 per standard western pear box of w hich are smaller than pack size 96, as winter pears to support the activities of such size is specified in § 51.630(c) of the the office of the Hearing Clerk during regular business hours (7 CFR 1.27(b)). the Control Committee during the 1973- aforesaid U.S. Standards for Grapefruit, 74 fiscal period under Marketing Order except that the minimum diameter limit This action reflects the committee’s appraisal of the need for restricting the No. 927. for pack size 96 grapefruit in any lot Consideration is being given to the fol­ shall be 3A inches; use of containers and pack sizes to those most suitable for the packing and han­ lowing proposal submitted by the Con­ (3) Any grapefruit of any variety, trol Committee, established pursuant to grown as aforesaid, for which inspection dling of fruit to promote orderly market­ ing, so as to provide consumers with the marketing agreement, as amended, is required unless an appropriate inspec­ and Order No. 927, as amended (7 CFR tion certificate has been issued with re­ good quality fruit, while providing pro­ ducers a fair return pursuant to the Part 927), regulating the handling of spect thereto not more than 48 hours Beurre D’Anjou, Beurre Bose, Winter prior to the time of shipment; or declared policy of the act. The proposed amendment would authorize shipment of Nelis, Doyenne du Comice, Beurre Easter, (4 ) A ny grapefruit of any variety, five 8-pound bags of fruit in the master and Beurre Clairgeau varieties of pears grown as aforesaid, unless such grape­ container authorized in paragraph (a) grown in Oregon, Washington, and Cali­ fruit meet all the applicable container (1) (vi) of § 906.340. Currently this mas­ fornia, effective under the Agricultural and pack requirements which are in ter container is authorized only for the Marketing Agreement A ct o f 1937, as effect pursuant to the aforesaid market­ shipment of eight 5-pound bags of fruit. amended (7 U.S.C.' 601-674), as the ing agreement and order during the The applicable provisions in paragraph agency to administer the terms and pro­ period. (a) (1) (iv) (b) would also be modified (b) Terms used in the marketing visions thereof: to conform to this proposed change. The (1) That expenses which are reason­ agreement and qrder shall, when used proposed amendment would also delete herein, have the same meaning as is paragraphs (a) (1) (xi), (a) (1) (xii), and able and necessary to be incurred by the given to the respective term in said mar­ (a) (1) (xiii), because the provisions in Control Committee, during the period keting agreement and order; and terms these paragraphs expired July 31, 1973, July 1, 1973, through June 30, 1974, will relating to grade and diameter, when and they are obsolete. amount to $82,445. used herein, shall have the same mean­ The proposal is that paragraphs (a) ing as is given to the respective term in (2) That the rate of assessment for (l)(xi), (a)(1) (xii), and (a) (1) (xiii) such period, payable by each handler in the United States Standards for Grape­ be deleted and that the provisions of fruit (Texas and States other than paragraphs (a) (1) (iv) (b) and (a) ( 1) accordance with § 927.41, be fixed at Florida, California and Arizona) (7 CFR (vi) of § 906.340 (7 CFR 906.340) be $0.015 per standard western pear box 51.620-51.653). amended to read as follows: of pears, or an equivalent quantity of Dated September 19,1973. § 906.340 Container, pack, and con­ pears in other containers or in bulk. C h arles R . B rader, tainer marking regulations. Terms used in the amended market­ Acting Deputy Director', Fruit (a) * * * ing agreement and order shall, when and Vegetable Division, Agri­ ( 1) * * * used herein, have the same meaning as cultural Marketing Service. (iv) * * * is given to the respective term in said [FR Doc.73-20278 Filed 9- 21- 73;8:45 am ] (b) Bags having a capacity of 8- amended marketing agreement and pounds of fruit: Provided, That fruit order. when packed in such bags shall be han­ All persons who desire to submit writ­ [ 7 CFR Part 906 ] dled only when packed in the numbers ten data, views, or arguments in connec­ and containers specified in paragraphs ORANGES AND GRAPEFRUIT GROWN IN tion with the aforesaid proposals shall THE LOWER RIO GRANDE VALLEY IN (a)(l)(v) and (a)(l)(vi) of this TEXAS section; file the same in quadruplicate, with the * * * * * Hearing Clerk, United States Depart­ Proposed Container, Pack, and Container Marking Requirements (vi) Closed flberboard carton with in­ ment o f Agriculture, Room 112, Admin­ istration Building, Washington, DC. This notice proposes a modification of side dimensions o f 20 x 13 Vi inches and the container, pack, and container markr of a depth from 9% to 10% inches: Pro­ 20250, not later than October 9,1973. All ing requirements for Texas oranges and vided, That the container has a Mullen written submissions made pursuant to or Cady test o f at least 250 pounds and grapefruit grown in the Lower Rio this notice will be made available for the container is used only for the ship­ Grande Valley in Texas, which would public inspection at the office of the become effective October 16, 1973. ment of eight 5-pound bags of fruit, or Hearing Clerk during regular business Consideration is being given to the five 8-pound bags o f fruit; hours (7 CFR 1.27(b)). following proposal, applicable to ***** § 906.340 Container, pack, and con­ Dated: September 19,1973. Dated: September 18,1973. tainer marking regulations, recom ­ C harles R . B rader, C h arles R . B rader, mended by the Texas Valley Citrus Acting Deputy Director, Fruit Committee, established pursuant to the Acting Deputy Director, Fruit and Vegetable Division, Agri­ and Vegetable Division, Ag­ marketing agreement, as amended, and ricultural Marketing Service. Order No. 906, as amended (7 CFR Part cultural Marketing Service. [FR Doc.73-20213 Filed 9-21-73;8:45 am] 906) regulating the handling o f oranges [FR Doc.73-20279 Filed 9-21-73;8:45 am]

FEDERAL REGISTER. VOL. 38, N O . 184— M O NDAY, SEPTEMBER 24, 1973 26616 PROPOSED RULES

DEPARTMENT OF HEALTH, Subpart I of Regulations No. 5 of the domestic operations and international EDUCATION, AND WELFARE Social Security Administration (20 CFR operations. We are accordingly substi Part 405) is amended as follows: Social Security Administration tuting the proposed rule set forth here- 1. Paragraph (a) o f § 405.902 is re­ inbelow, including the proposed CAR [ 20 CFR Part 405 ] vised to read as follow s: Form 298-D annexed thereto, for the [Reg. No. 5] § 405.902 Amount of premiums. proposed rule and Form 298-D set forth inEDR-251. h SUPPLEMENTARY MEDICAL INSURANCE (a) Enrollment in initial enrollment BENEFITS In view of the fa ct that the time for period. Where an individual enrolls dur­ filing comments in this proceeding has Premium Rate ing his initial or deemed initial enroll­ already been extended to October 19 ment period (see § 405.212) or under the Notice is hereby given pursuant to the 1973, by Supplemental Notice EDr I “good cause” provisions discussed in 251A,a and since the within proposal does Administrative Procedure Act, as § 405.224, his monthly premiums under amended (5 U.S.C. 553) that the amend­ not substantially revise the initial pro­ the supplementary medical insurance posal in EDR-251, we are not now fur­ ments to the regulations (20 CFR program will be the standard premium 405.902), set forth below in tentative ther extending the time for filing com­ as determined under subparagraph (1) ments. form are proposed by the Acting Com­ or (2) of this paragraph. missioner of Social Security with the ap­ (1) The standard monthly premium By the Civil Aeronautics Board. proval of the Secretary of Health, Edu­ under the supplementary medical insur­ cation, and Welfare. The proposed [ sea l] E d w in Z . H olland, ance program is $3 for each month of Secretary. amendments reflect section 203 o f the coverage (see § 405.220) from July 1966 Social Security Amendments of 1972 through M arch 1968; $4 for each month Explanatory statement. There are be­ (Pub. L. 92-603) which limits any in­ o f coverage from April 1968 through tween 400 and 500 U.S. air taxis which crease in the supplementary medical in­ June 1970; $5.30 for each month from have been authorized by foreign govern­ surance premium rate for a 12-month July 1970 through June 1971; $5.60 for ments (chiefly Canada) to perform in­ period beginning July of any year to the each month from July 1971 through ternational services. Schedules T-l and percentage by which cash benefits under June 1972; $5.80 for each month from T -2 o f the Form 298-C filed by commuter title II were increased during the preced­ July 1972 through June 1973. air carriers presently provide us, and win ing 12 months. The actual computation (2) During December 1972, and each continue to provide us, with particular process (as promulgated by Pub. L. 92- December thereafter, the Secretary shall information enabling us to determine the 603) is not being included since the com­ determine and promulgate (setting forth extent o f a commuter’s scheduled oper­ putation process and all actuarial as­ the actuarial assumptions and bases em­ ations in any international market. How­ sumptions are published in the F ederal ployed by him) the standard premium ever, the proposed Form 298-D which R eg ister whenever there is a premium which shall be applicable for the 12- was part of EDR-251 would present data increase. A cross-reference to section month period commencing July 1 in the on the overall operations of air taxis in 1839 of the Act, as amended (that section succeeding year. Such standard premium an undifferentiated manner which would stating the computation process) has shall be determined as prescribed in sec­ com pletely preclude us from determining been included. The premium rates and tion 1839 o f the Act, as amended. the extent of any air taxi operator’s non­ the dates for which they are effective scheduled operations in any or all inter­ through June 1974 are set forth below. ***** national markets. Prior to the final adoption of the pro­ [FR Doc.73-20274 Filed 9-21-73;8:45 am] _ We believe that specific information posed regulations, consideration will be as to the volume of nonscheduled air taxi given to any comments, views, or objec­ CIVIL AERONAUTICS BOARD operations in country-to-country mar­ tions relating thereto which are submit­ kets would be very useful to us, partic­ ted in writing in triplicate to the Acting [ 14 CFR Part 298 ] ularly for bilateral intergovernmental Commissioner of Social Security, Depart­ [Docket No. 25800; EDR—251B] discussions on nonscheduled air services, ment of Health, Education, and Welfare and that to require air taxis to file re­ Building, Fourth and Independence CLASSIFICATION AND EXEMPTION OF. AIR ports annually on a form specifically dis­ Avenue SW., Washington, D.C. 20201, on TAXI OPERATORS closing such data would not be unduly or before October 24,1973. Reporting of Certain Data by Commuter Air burdensome. We have therefore tenta­ Copies of all comments received in re­ Carriers and Other Air Taxi Operators tively concluded that the reports which we have proposed in EDR—251 to require sponse to this notice will be available S eptem ber 18, 1973. for public inspection during regular of air taxis, including commuters, should By notice of proposed rulemaking EDR- be appropriately revised to accomplish business hours at the Washington In­ 251,1 the Board gave notice that it had the purpose discussed above. under consideration an amendment to quiries Section, Office of Public Affairs, *» ^ ° P ° sed ra*e* ^ *s proposed to amend Social Security Administration, Depart­ Part 298 of its Economic Regulations (14 Part 298 of the Economic Regulations (14 ment of Health, Education, and Welfare, CFR Part 298), which would revise the CFR Part 298) as follows : report forms (Form 298-C) presently 1. Amend the Table of Contents by North Building, Room 4146, 330 Inde­ required to be filed quarterly by com­ pendence Avenue SW., Washington, D.C. adding a new § 298.6—Extension o f filing muter air carriers, and would impose on tune, under Subpart A—General; delet­ 20201. all air taxis—including, commuters—a e s and reserving § 298.62 under Subpart (Secs. 1102, 1839, and 1871, 49 Stat. 647 as new requirement to report annually with p -Reportin g of Scheduled Operations amended, 79 Stat. 306, as amended; 79 Stat. respect to their overall operations, both by Commuter Air Carriers; and adding a 331 (42 U.S.C. 1302,1395r, h h ).) scheduled and nonscheduled. For the new Subpart F—1—Reporting by Air Taxi (Catalog of Federal Domestic Assistance Pro­ latter purpose, a new reporting form Operators, consisting of a new § 298.67— gram No. 13.801, Health Insurance for the (Form 298-D) was proposed. Reporting instructions, the table as Aged—Supplementary Medical Insurance.) Since issuing said Notice, we have de­ amended to read as follows: Dated August 24,1973. cided that the data which we have pro­ Sec. 298.6 Extension of filing time. A rth u r E . H e ss, posed, in this proceeding, to obtain an­ Subpart F— Reporting of Scheduled Operations Acting Commissioner of nually from all air taxi operators with by Commuter Air Carriers Social Security. respect to their overall operations would 298.62 [Reserved] Approved September 19, 1973. be more useful to us if reported in a Subpart F—1— Reporting by Air Taxi Operators C aspar W . W einberger, manner which would separately disclose 298.67 Reporting instructions. Secretary of Health, * Dated August 29, 1973; 38 FR 23805, Sep­ Education, and Welfare, 1 Dated August 15,1973; 88 FR 22494. tember 4, 1973.

FEDERAL REGISTER, VOL. 38, N O . 184— M O ND AY, SEPTEMBER 24, 1973 PROPOSED RULES 26617

2 Amend § 298.2 by adding thereto “Revenue ton-miles available” means ton-miles available for the reporting certain definitions, the section as the aggregate of the products of the air­ quarter. amended to read as follows: craft miles flown on each flight stage 6. Amend Part 298 by adding a new multiplied by the capacity in tons avail­ Subpart P-1, consisting of a ne\^§ 298.67, § 298.2 Definitions. able for use on that stage. the caption and text of the subpart to * * * * * “Ton” means a short ton, i.e., 2,000 read as follows: “Air transportation” means * * * pounds. Subpart F -l— Reporting by Air Taxi “Aircraft hours” means the airborne 3. Add a new § 298.6, follow ing § 298.5, Operators hours of aircraft computed from the to read as follows: § 298.67 Reporting instructions. moment an aircraft leaves the ground § 298.6 Extension of filing time. until it touches the ground at the end (a) Each air taxi operator (including of a flight. ; If circumstances prevent the filing of a commuter air carriers) shall file CAB “Aircraft miles” means the miles (com­ report within the prescribed time limit, Form 298-D, entitled “Report of All puted in airport-to-airport distances) consideration will be given to the grant­ Revenue Operations Performed by Air for each flight stage actually completed, ing of an extension upon receipt of a Taxi Operators and Commuter Air whether or not performed in accordance written request therefor, addressed to Carriers,” in accordance with the pro­ with the scheduled pattern. the Director, Bureau of -Accounts and visions of this part and in the manner * * * * * Statistics, Civil Aeronautics Board, set forth in said form, which is made a Washington, D.C. 20428. Such a request part hereof and annexed hereto. “Competitive market” means * * * must give a sufficient reason for granting “Departure” means takeoff from an (b) CAB Form 298-D shall be pre­ the extension, set forth the date when the pared for the period January 1 through airport. report can be filed, and be submitted suf­ December 31 of each year. It shall be “Plight stage means the operation of ficiently in advance of the due date to an aircraft from takeoff to landing. completed in triplicate and filed with the permit proper time for consideration and Board (i.e., postmarked) not more than ***** communication to the carrier of the ac­ forty (40) days after the end of each “Maximum payload capacity” means tion taken. Except in cases of emergency, calendar year, and shall be addressed to * * * no request for extension will be enter­ the Civil Aeronautics Board, Attention “Mile” means a statute mile i.e., 5,280 tained which is not received in sufficient of the Bureau of Accounts and Statistics, feet. time to enable the Board to pass thereon Washington, D.C. 20428. “Noncompetitive market” means * * * before the prescribed due date. If a re­ (c) Items 1 through 4 under Part I “Passengers carried” means passengers quest is denied, the carrier remains sub­ of CAB Form 298-D shall set forth, in on board each flight stage. ject to the filing requirements to the total, respectively, the number of pas­ “Point” when used * * * same extent as if no request for exten­ sengers carried, aircraft hours flown, air­ “Revenue passenger-mile” means one sion had been made. craft miles flown and number of aircraft revenue passenger transported one mile. 4. Delete and reserve § 298.62, as departures performed in all revenue do­ Revenue passenger-miles are computed follow s: mestic operations, whether scheduled or by summation of the products of the rev­ nonscheduled. enue aircraft miles flown on each flight § 298.62 [Reserved] (d) Items 1 through 4 under Part II stage multiplied by the number of reve­ 5. Amend paragraph (b) of § 298.64 by of CAB Form 298-D shall set forth, re­ nue passengers carried on that flight adding thereto new subparagraphs (5) spectively, the number of passengers car­ stage. arid (6), the section as amended to read ried, aircraft hours flown, aircraft miles “Revenue seat-miles available” means as follows: flown and number of aircraft departures the total of the products of aircraft miles § 298.64 Reporting instructions. performed in revenue operations in each and number of seats available for reve­ ***** market of international operations (e.g., nue use on each flight stage, representing (b) •* * * United States-Bahamas, United States- the total passenger-carrying capacity Canada, United States-Mexico), the offered. (5) Columns (5), (6) and (7) shall set forth, respectively, aircraft hours flown, name of each such market shall be in­ “Revenue ton-mile” means one ton of serted over columns (a) through (c), revenue traffic transported one mile. Rev­ aircraft miles flown and aircraft depar­ enue ton-miles are computed by summa­ tures performed during the reporting and the total for each item shall be set tion of the products of the revenue air­ quarter. forth in column (d). cra ft miles flown on each flight stage (6) Columns (8), (9), (10), and (11) (e) The certificate contained in CAB multiplied by the number of revenue tons shall set forth, respectively, revenue Form 298-D shall be executed by the carried on that stage. (A standard weight officer in charge of the carrier’s accounts. of 200 pounds per passenger may be used passenger-miles, revenue seat-miles in the computation.) available, revenue ton-miles and revenue [PR Doc.73-20281 Filed 9-21-73:8:45 am]

R D E R A l REGISTER, VOL, 38, N O . 184— M O ND AY, SEPTEMBER 24, 1973 266 18 Notices

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

DEPARTMENT OF THE TREASURY DEPARTMENT OF JUSTICE the National Register of Historic Places. United States Customs Service , Land and Natural Resources Division This list has been amended by a notice in the F ederal R egister of March 6 (dd [TJX 73-264] ACTION TO ENJOIN DISCHARGE OF 6084-6086), April 10 (pp. 9095-9097) RICHARD C. O'ROURKE,. CHICAGO, POLLUTANTS May 1 (pp. 10745-10748), June 5 (dd’ ILLINOIS ' Notice of Proposed Consent Judgment 14770-14777), July 3 (pp. 17744-17749) August 7 (pp. 21278-21284), and Septem­ Cancellation With Prejudice of Custom­ In accordance with Departmental Pol­ ber 4 (pp. 23808-23811). Further notice is house Broker’s License No. 4010 icy, 28 CFR 50.7, 38 FR 19020, notice is given that certain amendments or re­ S eptem ber 17, 1973. hereby given that on July 27,1973, a pro­ visions in the nature of additions, de­ posed consent judgment and stipulation letions, or corrections to the previously Notice is hereby given that the Com­ in United States v. Wire Rope Corpora­ missioner of Customs on September 17, published list are adopted as set out tion of America, Inc. was lodged with below. 1973, pursuant to section 641, Tariff Act the United States District Court for the o f 1930, as amended, and § 111.51(b), It is the responsibility of all Federal Western District of Missouri. The pro­ agencies to take cognizance o f the prop­ Customs Regulations, as amended, upon posed decree would establish effluent lim­ the specific request of Richard C. itations for discharges from the com­ erties included in the National Register O’Rourke, canceled with prejudice cus­ pany’s wire rope manufacturing facility as herein amended and revised in ac­ tomhouse broker’s license No. 4010 issued at St. Joseph, Missouri. cordance with section 106 o f the National to him on April 15,1963, for the Customs The Department of Justice will receive Historic Preservation Act of 1966, 80 district of Chicago. for 30 days from the date of publication Stat. 915,16 U.S.C. 470. [ sea l] V ern on D . A cree, of this notice written comments relating The following are corrections to pre­ Commissioner of Customs. to the proposed judgment. Comments vious listings in the F ederal R egister: [FR Doc.73-20266 Filed 9-21-73;8:45 am] should be addressed to the United States Attorney, Western District of Missouri, Georgia 549 United States Court House, Kansas t Liberty County DEPARTMENT OF DEFENSE City, Missouri 64106, and refer to the Riceboro vicinity, Woodmans ton Site (Le­ United States v. Wire Rope corporation conte Plantation), S of Riceboro. Department of the Army of America, Inc., D.J. Ref. 62-43-8. ADVISORY COMMITTEE FOR NATIONAL The proposed consent decree may be Louisiana DREDGING STUDY examined at the office of the United Caddo Parish Notice of Meeting States Attorney, Western District of Mis­ Shreveport, Lindsay, Colonel Robert H., House souri, 549 United States Court House, (Symphony House), 2803 Woodlawn In accordance with sectiop 10(a) (2) Kansas City, Missouri, at the Region VII Avenue. of the Federal Advisory Committee Act Office of the Environmental Protection Maryland (PL 92-463) notice is hereby given of Agency, 1735 Baltimore Avenue, Kansas Baltimore (independent city) the fourth meeting of the Advisory Com­ City, Missouri, and at the Pollution Con­ Federal Hill Historic District, bounded on mittee for National Dredging Study to trol Section, Land and Natural Resources the N by Hughes Street, on the W by Han­ be held September 27 and 28, 1973. The Division, Department of Justice, Room over, on the S by Cross, and on the E by meeting will bègin at 9:30 a.m. in Room Piers. 6A092, the Forrestal Building, Washing­ 2623, Department of Justice Building, Massachusetts ton, D.C. Ninth Street and Pennsylvania Avenue Suffolk County The purpose of the meeting is to dis­ NW., Washington, D.C. A copy of the Boston, Blackstone Block Historic District, cuss procedures with the management proposed consent judgment and stipula­ bounded by Union, Hanover, Blackstcme consulting firm conducting the National tion may be obtained in person or by mail and North streets. Dredging- Study. from any of the above offices. In request­ Pennsylvania Within the facilities available (about ing a copy, please enclose a check in the 2% persons) the meeting will be open to Union County amount of $4.90 (10 cents per page re­ New Berlin, New Berlin Presbyterian Church observers. However, the purpose of the (Community Center), Vine and High meeting is not compatible with partici­ production charge) payable to the Treas­ urer of the United States. Streets. pation in the proceedings by the observ­ South Carolina ers. Any member of the public who W allace H . J o h n so n , Charleston County wishes to do so will be permitted to file Assistant Attorney General, a written statement with the Committee Mount Pleasant, Mount Pleasant Historic Land and Natural Resources District. before or after the meeting. Division. Inquiries may be addressed to the [FR Doc.73-20206 Filed 9-21-73;8:45 am] The following properties have been de­ Designated Federal Representative, Mr. molished and removed from the National Eugene B. Conner, DAEN-CWO-M, Of­ Register: fice Chief of Engineers, U.S. Army, DEPARTMENT OF THE INTERIOR W ashington, D.C. 20314. North Carolina National Park Service Richmond County For the Chief of Engineers. NATIONAL REGISTER OF HISTORIC Rockingham, Great Falls Mill, W. Washing­ Dated September 18,1973. PLACES ton and Broad Avenue. J am es L . K e l l y , List of Additions, Deletions and Corrections Tennessee Brigadier General, USA, By notice in the F ederal R egister of White County Deputy Director of Civil Works. February 28,1973, Part II, there was pub­ Sparta vicinity, Lincoln, Jesse, House, W. of [FR Doc.73-20192 Filed 9-21-73;8:45 am] lished a list of the properties included in Sparta on Tenn. 26.

FEDERAL REGISTER, V O L 38, NO . 184— M O ND AY, SEPTEMBER 24, 1973 NOTICES 26619

The following properties have been - Volusia County Kansas added to the National Register since Port Orange vicinity, Dunlawton Plantation- Marion County Sugar Mill Ruins, W of Port Orange off Florence, Harvey House, 204 W. 3rd Street (8- s® tember4: Alabama Nova Road (8-28-73). 1 4 7 3 ). Covington County Georgia Kentucky Opp, Shepard, William T., House, Poley Road Bibb County Jefferson County (8—14—73)■ M acon, Baber, Ambrose, House, 577-587 Wal­ ' Mobile County Louisville, Christ Church Cathedral, 421 S. nut Street (8-1473). 2nd Street (8-1473). Dauphin Island, Indian Mound Parle (8 -1 4 Hall County Louisville, Louisville Board of Trade Build­ ing, 301 W. Main Street (8 -1 4 7 3 ). MPbUe, Spring Hill College Quadrangle, 4307 Buford vicinity, Bowman-Pirkle House, NE Old Shell Road (8—17—73 ). of Buford off U.S. 23 on Friendship Road Louisiana (8 -1 4 7 3 ). Montgomery County Walton County Natchitoches Parish Montgomery vicinity, Muklassa, NE. o f M ont­ M onroe, Davis-Edwards House, 238 N. Broad Natchitoches vicinity, Cherokee Plantation, gomery (8—28—73). SE. of Natchitoches on Cane River Road Street (8-1473). (8-1473). ~ California Hawaii Rapides Parish Alameda County Honolulu County Pineville vicinity, Old SLU Site, N. or Pine- Oakland, Paramount Theatre, 2025 Broadway H onolulu, U.S. Immigration Office, 505 Ala ville at 2500 Shreveport Highway in Kis- (8-14-73). Moana Boulevard (8-1473). atchel National Forest (8-1473). Butte County Kahuku vicinity, Burial Platform, NW o f K a- huku off Kamehameha Highway (8-1473). Maine Chico vicinity, Mud Creek Canyon, N. of Chico Waimanalo vicinity, Bellows Field Archeo­ Aroostook County (8-14-73). logical Area, SE of Waimanalo (8-1473). San Bernardino County New Sweden vicinity, Timmerhuset, W o f Illinois New Sweden on Me. 161 (8-23-73). Needles vicinity, Piute Pass Archeological Cumberland County District, NW. of Needles (8-14-73).. Cook County San Mateo County Chicago, Dewes, Francis J., House, 503 W. Portland vicinity, Fort Gorges, E of Portland Wright wood (8-1473). on Hog Island, Portland Harbor (8-28-73). Portola Valley, Casa de Tableta, 3915 Alpine Chicago, Marquette Building, 140 S. Dearborn Franklin County Road (8—14—73) • Street (8-17-73). Chicago, Halsted, Ann, House, 440 Belden (8- Farmington, Free Will Baptist Meetinghouse, Colorado 17-73). Main Street (8-28-73). Clear Creek County Glenview, Kennicott’s Grove, near Milwaukee Kennebec County Georgetown, Grace Episcopal Church, Taos and Lake Avenues (8-13-73). M onm outh, Cumston Hall, Main Street (8- Street (between 4th and 5th Streets) (8- Oak Park, Gale, Walter, House, 1031 W. Chi­ 1 4 7 3 ). 14-73). York County El Paso County cago Avenue (8-17-73). Kane County Kittery Point,. Pepperrell, William, House, Colorado Springs, McAllister House, 423 N. •Pepperrell Cove on Me. 103 (8 -1 4 7 3 ). Cascade Avenue (8-14-73). Carpentersville, Library Hall, 21 N. Wash­ ington Street (8-1473). Maryland Delaware White County Baltimore County New Castle County Carmi, Robinson-Stewart House, 110 S. Main Pikesville vicinity, Sudbrook Park, S o f Smyrana vicinity, Old Brick Store, NE o f Cross Street (8-17-73). Pikesville off U.S. 140 on Greenwood Road Smyrna off U.S. 13 (8-14-73). (6 -1 9 -7 3 ). Indiana District of Columbia Carroll County DeKalb County Commandant’s Office, Washington Navy Uniontown, Uniontown Academy, W side of Yard. Montgomery Square and Dahlgren Auburn vicinity, Cornell, William, Home­ Uniontown Road (8-1473). Avenue (8-1473). stead, SW of Auburn off Ind. 427, on Cedar Law, Thomas, House, 1252 6th Street, S.W. Harford County Chapel Road (CR 68) (8-1473). (8-14-73). Berkley vicinity, Rigbie House, SE o f Berkley Main Gate, Washington Navy Yard, 8th and Harrison County off Md. 623 (8-1473). M streets, S.E. (8-1 4-7 3) . _ Phillips, Duncan, House, (The Phillips Col­ Corydon, Cory don Historic District (8-28-73). Churchville vicinity, Medical Hall Historic District, W of Churchville off Md. 154 (8- lection) 1600-1614 21st Street, N.W. (8-14- St. Joseph County 28 -73 ). 73). .. - - Somerset County Quarters A, Washington Navy Yard, E o f the Mishawaka, Beiger House, 317 Lincolnway Main Gate and S of M Street, S.E. (8-14 East (8-28-73). Manokin vicinity, Sudler’s Conclusion, NW o f South Bend, Oliver, Joseph D., Residence, M anokin off Md. 361 (8 -2 8 -7 3 ). 73). Quarters B, Washington Navy Yard, Charles 808 W. Washington Avenue (8-28-73). Massachusetts Morris Avenue (8-14-73). Iowa Barnstable County Tucker House and Myers House, 2310-2320 Johnson County Hyannis Port, *Kennedy Compound, Irving S Street, N.W. (8-14-73). Iowa City, First Presbyterian Church, 26 E. and Marchant avenues (11-28-72). Florida Market Street (8-28-73). Berkshire County Dade County Louisa County Pittsfield vicinity, South Mountain Concert Florida City, Florida Pioneer Museum, 0.5 Columbus Junction, Community Building, Hall, S of Pittsfield off U.S. 7/20 on New South Mountain Road (8-1473). mile S of Lucy Street on S.R. 27 (Krome 122 E. Maple Street (8 -1 4 7 3 ). Essex County Avenue) (8-14-73). Union County Palm Beach County Salem, Chestnut Street District, bounded Creston, Creston Railroad Depot, 200 W. roughly by Broad, Flint, Federal, and Sum­ Palm Beach, Breakers'Hotel Complex, South Adams Street (8-15-73). v mer streets (8-28-73). County Road (8-i473). Washington County Middlesex County Putnam County Washington,. Young, Alexander, Cabin, W. Billerica, Billerica Town Common District, Crescent City, Hubbard House, 600 N. Park Madison Street between G and H avenues bounded by Cummings Street, and Con­ Street (8-1473). (8 -1 4 7 3 ). cord and Boston roads (8-1473).

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 No. 184—Pt. I- 26620 NOTICES

Billerica, Sababth Day House, 20 Andover New Mexico Oklahoma Road (8-14-73). Mora County Canadian County Suffolk County Mora, St. Vrain’s Mill, on N. Mex. 38 (8-28- E l Reno vicinity, Darlington Agency Site Boston, Back Bay Historic'District, (8-14-73). 73 ). about 6 miles NW. of El Reno (8-14-73). ’ Chelsa, Naval Hospital Boston, 1 Broadway Quay County , (8 -1 4 -7 3 ). Pennsylvania Tucumcari, Baca-Goodman House, corner of Michigan Aber and 3rd Streets (8-14-73). Delaware County Missaukee County Santa Fe County Upland, Crozer, George K., Mansion, 6th Boven Earthwork, Southwestern Missaukee Street (8-14-73). County (8-14-73). Santa Cruz, La Iglesia de Santa Crus and the site of the Plaza of Santa Crus de la Montgomery County Ottawa County Canada (8-17-73). Lederach vicinity, Kolb, Dielman, Homestead, S. of Lederach on Kinsey Road (8-17-73)1 Battle Point Site, Northwest Ottawa County New York (8 -1 4 -7 3 ). W oxall, Nungesser, Valentine, House, Skip- Montgomery County pack Road (8-17-73). Minnesota Cass County Fonda vicinity, Caughnawaga Indian Village Rhode Island Site, W. of Fonda (8-28-73). Pillager vicinity, Rice Lake Hut Rings, N o f Washington County New York County Pillager (8-14-73). Saunderstown vicinity, Casey, Silas, Farm, N. Crow Wing County New York, Haughwout, E. V., Building, 488- of Saunderstown on R.I. 138 (8-14-73). 492 Broadway (8-28-73). Trommald vicinity, Fort Flatmouth Mound South Carolina Oneida County Group, SE of Cass Lake (8-14-73). Aiken County Morrison County Boonville, Erwin Library and Pratt House, 104 and 106 Schuyler Street (8 -1 4 -7 3 ). Beech Island vicinity. Fort Moore-Savano Little Palls vicinity, Belle Prairie Village Town Site, NW. of Beech Island (8-14-73). Orange County Site, N of Little Palls (8-14-73). Beaufort County Mississippi Fort Montgomery vicinity, Fort Montgomery Site, S. of Fort Montgomery (8-14-73). Port Royal vicinity, Hasell Point Site (8-14- Claiborne County 7 8 ). Richmond County Port Royal vicinity, Little Barnwell Island, Russum vicinity, Centers Creek Mound, N o f N. of Port Royal (8-14-73). Russum (8-14-73). New York, New Dorp Light, Altamont Ave­ nue, Staten Island (8-28-73). Chester County Marshall County Rockland County Chester vicinity, Fishdam Ford, SW o f Ches­ Abbeville vicinity, Civil War Earthworks at ter off S.C. 72 (also in Union County) Tallahatchie Crossing, off Miss. 7 (8-14-73). Garnerville, Garner, Henry, Mansion, 18 R ail­ road Avenue (8-14-73). (8 -1 4 -7 3 ). Washington County Wayne County Union County Poote vicinity, Mount Holly, NW of Foote off Chester vicinity, Fishdam Ford (See Chester Miss. 1 (8-14-73). Lyons, Broad Street-Water Street Historic C ou n ty ). Greenville vicinity, Winterville Site, N o f District (8-14-73). Tennessee Greenville (8-17-73). North Carolina Davidson County Nebraska Caswell County Nashville, Hubbard House, 1109 1st Avenue, Cheyenne County Locust Hill vicinity, Moore House ( Stamp’s South (8-14-73). Potter vicinity, West Stevens Site, E o f Potter Quarter), E. of Locust Hill off U.S. 158 Monroe County (8 -2 8 -7 3 ). (8 -2 8 -7 3 ). Colfax County Catawba County Vonore vicinity, Chota and Tanasi Cherokee Village Sites, SE of Vonore in Cherokee Na­ Schuyler vicinity, Schuyler Site, (8-14-73). Newton vicinity, Rudisill-Wilson House, S.W. tional Forest (8-30-73). of Newton off N.C. 10 (8-14-73). Dakota County White County Craven County Homer vicinity, Homer Site, NE o f Homer Sparta vicinity, Sparta Rock House, 3 miles (8 -1 4 -7 3 ). New Bern, Gull Harbor, 514 E. Front Street E of Sparata on U.S. 70 (8-14-73). Douglas County (8 -1 4 -7 3 ). Texas Omaha, Barton, Guy C., House, 3522 Farnam Cumberland County Bowie County Street (8-14-73). Fayetteville, Liberty Row, 101—143 Person Gage County Street (8-14r-73). Texarkana vicinity, Texarkana Phase Ar­ cheological. District, NW of Texarkana Blue Springs vicinity, Blue Springs Site Moore County (8 -1 4 -7 3 ). (8 -1 4 -7 3 ). Pinehuret, Pinehurst Historic District (8 -1 4 - Nance County Montgomery County 73 ). Montgomery vicinity, Kirbee Kiln Site, S o f Genoa vicinity, Wright Site (8-14-73). Ohio Montgomery (8-28-73). Polk County Franklin County Red River County Osceola vicinity, Clarks Site (8-14-73). Westerville, Hart, Gideon, House, 7328 Blakeney vicinity, Kaufman, Sam, Site, N o f Hempstead Road (8-14-73). Sarpy County Blakeney (8-14-73). Hancock County Papillion vicinity, Kurz Omaha Village (8 - Zapata County 14-73). Findlay, Hull, Jasper G., House, 422 W. San Ygnacio vicinity, Dolores Viejo, N o f San Sandusky Street (8-14-73). Saunders County Ygnacio off U.S. 83 (8-17-73). Lake County Cedar Bluffs vicinity, Pahuk (8-14-73). Vermont Painesville, Seeley, Uri, House, 969 Riverside Sioux County Drive (8-14-73). Bennington County \ Crawford vicinity, Hudson-Meng Bison Kill Painesville, Sessions House (Tuscan House)* Arlington vicinity, Arlington Green Covered Site, in Nebraska National Forest (8-28- 157 M entor Avenue (8 -1 4 -7 3 ). Bridge, W of Arlington off Vt. 313 (8-28- Unionviile, Connecticut Land Company Of­ 7 3 ). 73 ). Bennington vicinity, Bennington Falls Cov­ New Jersey fice, 7071 E. Main Street (8 -1 4 -7 3 ). ered Bridge, NW o f Bennington off Vt. 67A Hudson County Lucas County (8 -2 8 -7 3 ). Jersey City, Old Bergen Church, Bergen and Maumee, First Presbyterian Church of Mau­ Bennington vicinity, Henry Covered Bridge, Highland Avenues (8-14-73). mee Chapel, 200 E. Broadway (8-14-73). NW of Bennington off Vt. 67A (8-28-73) .

FEDERAL REGISTER, VOL. 38, N O . 184— M ONDAY, SEPTEMBER 24, 1973 NOTICES 26621

Bennington vicinity, Silk Covered Bridge, West Virginia Copies are available for inspection NW of Bennington Off Vt. 67A (8—28—73 ). Greenbrier County during regular working hours at the fol­ lowing locations: Windham County Lewlsburg, Greenbrier County Courthouse and Lewis Spring, comer of Court and USDA, Forest Service nrattleboro vicinity, Creamery Covered Randolph streets (8-17-73). So. Agriculture Bldg., Room 3230 Bridge, W of Brattleboro off Vt. 9 (8-28-73). 12tb St. & Independence Ave. SW. Green River, Green River Covered Bridge, Jefferson County Washington, D.C. 20250 across the Green River (8-28-73). Halltown vicinity, Beall-Air, W. of Halltown USDA, Forest Service Newfane vicinity, Williamsville Covered off U.S. 340 (8-17-73). Bridge, SW of Newfane at Williamsville Alaska Region Shepherdstown, Shepherdstown Historic Dis­ Federal Office Building (8-14-73)• trict (8-17-73). Juneau, Alaska 99801 Townshend vicinity, Scott Covered Bridge, W Shepherdstown vicinity, Cold Spring, S. o f •of Townshend off Vt. 30 (8—28—73). Shepherdstown off Flowing Springs Road Area Manager, Chatham Area Tongass National Forest Windsor County (8 -1 4 -7 3 ). Shepherdstown vicinity, Elmwood, S. o f Federal Building Hartland vicinity, Martin’s Mill Covered Shepherdstown on CR 17 (8-17-73). Sitka, Alaska 99835 Bridge, S of Hartland off U.S. 5 (8—28—73). Area Manager, Stikine Area Hartland vicinity, Willard Covered Bridge, Wisconsin Tongass National Forest NE of Hartland off U.S. 5 (8-28-73). Fond du Lac County Federal Building Perkinsville vicinity, Upper Falls Covered R ipon, Little White Schoolhouse, SE. corner Area Manager, Ketchikan Area Bridge, N o f Perkinsville off Vt. 131 (8 -2 8 - of Blackburn and Blossom streets (8-14- Tongass National Forest 73). 7 3 ), Federal Building, Room 313 Windsor vicinity, Bowers Covered Bridge, W Oneida County K etchikan, Alaska 99901 of Windsor (8-28-73). Woodstock vicinity, Lincoln Covered Bridge, Rhinelander, First National Bank, 8 W. A limited number of single copies are SW of Woodstock off U.S. 4 (8-28-73). Davenport Street (8-14-73). available upon request to Richard M. Woodstock vicinity, ' Taftsville Covered Wyoming Wilson, Area Manager, Tongass National Bridge, E of Woodstock off U.S. 4 (8-28-73). Park County Forest, Ketchikan Area, Box 2278, Ketchikan, Alaska 99901. Virginia Cody vicinity, Colter’s Hell, W. of Cody on U.S. 14/16/20 (8-14-73). Copies are also available from the Na­ Albemarle County tional Technical Information Service, Charlottesville vicinity, Ash Lawn, SE o f R o be r t M . U t l e y , U.S. Department of Commerce, Spring- Charlottesville off Va. 53 (8-14-73). Director, Office of Archedlogy field, Virginia 22151. Please refer to the and Historic Preservation. Charles City County name and number of the environmental [FR Doc.73-20222 Filed 9-21-73;8:45 am] statement above when ordering. Tettington vicinity, Margots, NE o f T etting- ton off Va. 621 (8 -1 7 -7 3 ). Comments are invited from the pub­ DEPARTMENT OF AGRICULTURE lic, and from state and local agencies Fauquier County which are authorized to develop and en­ Delaplane vicinity, Ashleigh, S. of Delaplane Forest Service force environmental standards, and from off U.S. 17 (8 -l± -7 3 ). CONSTRUCTION AND OPERATION OF Federal agencies having jurisdiction by Hampton (independent city) FOREST SERVICE RECREATION CABINS law or special expertise with respect to IN ROADLESS AREAS any environmental impact involved for Chesterville Plantation Site, on Langley Air Force Base (8-14-73). Notice of Availability of Draft which comments have not been re­ quested specifically. James City County Environmental Statement Comments concerning the proposed Toano vicinity, Stone House Site, NE. o f Pursuant to section 102(2) (C) of the action and requests for additional infor­ Toano off Va. 600 (8-14-73). National Environmental Policy Act of mation should be addressed to Richard Loudoun County 1969, the Forest Service, Department of M. Wilson, Area Manager, Tongass Na­ tional Forest, Ketchikan Area, Box 2278, Leesburg vicinity, Exeter, E. of Leesburg on Agriculture, has prepared a draft envi­ Edwards Ferry Road (8-14-78). ronmental statement for Construction Ketchikan, Alaska 99901. Comments and Operation of Forest Service Recrea­ must be received by November 2, 1973, in Middlesex County tion Cabins in Roadless Areas, USDA- order to be considered in the preparation Saluda vicinity, Deer Chase, SE. of Saluda off FS-DES (Adm) 74-29. of the final environmental statement. Va. 629 (8 -1 4 -7 3 ). The environmental statement concerns P h i l i p L. T h o r n t o n , Orange County the proposed construction and operation Deputy Chief, Forest Service. of seven public recreation cabins. The Gordonsville, Exchange Hotel, S. Main Street [FR Doc.73-20216 Filed 9-21-73;8:45 am] (8-1 4 -7 3 ). proposed locations are around Revillagi- Richmond County gedo Island, Tongass National Forest, Farnham, Famham Church, at Intersection Ketchikan Area, near saltwater in road­ Packers and Stockyards Administration o f Va. 602 and 692 (8 -1 4 -7 3 ). less areas. The construction of the cabins INTERSTATE PRODUCERS LIVESTOCK AS­ Wise County will be a cooperative project between the SOCIATION, SULLIVAN, ILLINOIS, ET AL. Big Stone Gap, " June Tolliver” House, on Va. USDA, Forest Service, Tongass National Deposting of Stockyards 613 (8 -2 8 -7 3 ). Forest, Ketchikan Area, and the Alaska It has been ascertained, and notice is Washington Sports and Wildlife Club, Ketchikan, hereby given, that the livestock markets Alaska 99901, and will expand the exist­ Chelan County named herein, originally posted on the ing public recreation cabin system, pri­ respective dates specified below as being Wenatchee vicinity, Wenatchee Flat Site, N. subject to the Packers and Stockyards of Wenatchee (8-14-73). marily located on freshwater lakes and streams. The intent of the project is to Act, 1921, as amended (7 U.S.C. 181 et King County seq.), no longer come within the defini­ provide increased opportunity for the Kirkland, Kirk, Peter, Building, 620 Market tion of a stockyard under said Act and Street (8-14-73). public to experience hiking, fishing, are, therefore, no longer subject to the beachcombing, sightseeing, hunting, provisions of the Act. Kitsap County photography, and similar activities in an Facility number, name, and Olalla, Nelson, Charles F., House, corner of area not now readily accessible by small location of stockyard Date of posting Nelson and Crescent Valley Roads (8-28- 73). boat. IL -157—Interstate Producers Nov. 19, 1959 Livestock Association, Sul­ Spokane County This draft environmental statement livan, m . Spokane, Glover House, W. 321 8th Avenue was filed with CEQ on September 18, I A—174—Lawton Sale Barn, May 20, 1959 (8 -1 4 -7 3 ). 1973. Lawton, Iowa.

FEDERAL REGISTER, VOL. 38, NO. 184— MONDAY, SEPTEMBER 24, 1973 26622 NOTICES

pute the estimated foreign cost of the States is inadequate and whether in the construction of bulk lumber carriers of accomplishment of the purposes and ME-100—Line Road Auction Aug. 4, 1071 House, Buxton, Maine. about 40,000 to 60,000 DWT pursuant to policy of the Act additional vessels MD-103—Barcus Livestock Dec. 15, 1966 the provisions of section 502(b) of the should be operated in such service. Sales, Centreville, Md. M erchant Marine Act, 1936, as amended. If no request for hearing and petition MS-114—Forrest County Jan. 6, 1959 Any person, form or corporation hav­ for leave to intervene is received within Livestock Market, Hatties­ ing any interest (within the meaning of the specified time, or if the Maritime burg, Miss. section 502(b)) in such computations Subsidy Board determines that petitions NC-136—Iredell Livestock Apr. 8,1959 may file written statements by the close for leave to intervene filed within the Co., Statesville, N.C. o f business on October 22, 1973, with the specified time do not demonstrate suffi­ TN-149—Newport Livestock June 12, 1959 Auction Co., Newport, Secretary, Maritime Subsidy Board, cient interest to warrant a hearing the Tenn. Maritime Administration, Room 3099B, Maritime Subsidy Board will take such WI-104—Clear Lake Live­ Aug. 30, 1968 Department of Commerce Building, 14th action as may be deemed appropriate. stock Market, Clear Lake, & E Streets NW., W ashington, D.C. 20230. (Catalog of Federal Domestic Assistance Wis. Dated September 18,1973. Program No. 11.504 Operating-Differential Subsidies (ODS).) Notice or other public procedure has By order of the Maritime Subsidy not preceded promulgation of the fore­ Board, Maritime Administration. Dated September 19,1973. going rule. There is no legal justification By Order o f the Maritime Subsidy for not promptly deposting a stockyard J ames S. D a w so n , Jr., Secretary. Board. which is no longer within the definition J ames S. D a w so n , Jr., of that term contained in the Act. [FR Doc.73-20288 Filed 9-21-73; 8:45 am] Secretary. The foregoing is in the nature of a [FR Doc.73-20287 Filed 9-21-73; 8:45 am] rule relieving a restriction and may be made effective in less than 30 days after [Docket No. S-393] publication in the F ederal R eg ister. This CHESTNUT SHIPPING CO. National Oceanic and Atmospheric notice shall become effective Septem­ Notice of Application ^Administration ber 24, 1973. Notice is hereby given that Chestnut PERMITS TO TAK E OR IMPORT MARINE (42 Stat. 159, as amended and supplemented Shipping Company has filed an applica­ MAMMALS (7 U.S.C. 181 e t s e q .).) tion for operating-differential subsidy on Instructions for Preparing Application Done at Washington, D.C., this 17th two (2) tankers (to be constructed) of The following information will be used day of September 1973. approximately 89,700 deadweight tons as the basis for determining whether an each. Said vessels will operate generally E dward L . T h o m pso n , application is complete and whether a Chief, Registrations, Bonds, and from West Africa to U.S. Atiantic/Gulf scientific research or a public display Reports Branch Livestock ports and may be operated in other permit should be issued by the Secretary M arketing Division. worldwide services in the carriage of of Commerce. The Marine Mammal Com­ liquid and dry bulk cargoes not subject [FR Doc.73—20215 Filed 9-21-73; 8:45 am] mission and the Committee of Scientific to the cargo preference statutes includ­ Advisors on Marine Mammals will review ing 10 U.S.C. 2631, 46 U.S.C. 1241, and all completed applications submitted to DEPARTMENT OF COMMERCE 15 U.S.C. 616a. them by the Secretary pursuant to Maritime Administration This application has been submitted § 216.12(b) of the interim regulations (37 in lieu of an operating-differential sub­ FR 28182, December 21, 1972). APOLLO MARINE SHIPPING CO. sidy application by Chestnut Shipping An original and four copies of the ap­ Construction of DWT Tankers Company dated July 9, 1973, notice o f plication are required. which appeared in the F ederal R eg ister Notice is hereby given that Apollo Ma­ Give complete information. It is to the o f July 25, 1973 (38 FR 19918), FR Doc. Applicant’s benefit to fu r n ish all required rine Shipping Company has filed an ap­ 73-15287. plication dated September 17, 1973, pur­ information. Incomplete information suant to Title V of the Merchant Marine Any party having an interest in such may delay processing of the application Act, 1936, as amended, for construction- application and who would contest a or even result in its rejection. Only a differential subsidy to aid in the con­ finding of the Board that the service now completed application will be forwarded struction of three 38,300 DWT, one provided by vessels of United States reg­ to the Marine Mammal Commission and 89,700 DW T and four 380,000 DW T tank­ istry for the worldwide carriage of liquid the Committee of Scientific Advisors and ers, a total of eight new tanker vessels and dry bulk cargoes, not subject to the be noted in the F ederal R eg ister. Where to be used in the foreign commerce of cargo preference statutes, moving in the questions do not apply so indicate rather the United States. foreign commerce of the United States than leave blank. Provide a response to is inadequate, must, on or before Octo­ each applicable item of the application. Interested parties may inspect this ap­ ber 5, 1973 notify the Secretary in writ­ If additional space is needed to provide plication in the office of the Secretary, ing of his interest and of his position information the Applicant should pre­ Room 3099-B, Maritime Administration, and file a petition for leave to intervene pare an original and four copies of sup­ Commerce Department Building, Four­ in accordance with the Board’s rules of plemental attachments properly identi­ teenth and E Streets NW., Washington, practice and procedure (46 CFR Part fied by the appropriate item number in D.C. 20235. 201). Each such statement of interest these instructions. Dated September 18, 1973. and petition to intervene shall state Where to Send Application. Send the whether a hearing is requested under By order of the Maritime Subsidy original and four copies of the completed section 605(c) of the Merchant Marine application to the Director, National Board, Maritime Administration. Act, 1936, as amended, and with as much Marine Fisheries Service, National J ames S. D a w so n , J r ., specificity as possible the facts that the Oceanic and Atmospheric Administra­ Secretary, intervenor would undertake to prove at tion, UJ5. Department of Commerce, [FR Doc.73-20289 Filed 9-21-73;8:45 am] such hearing. W ashington, D.C. 20235. Assistance may In the event that a section 605(c) be obtained by writing the Director or hearing is ordered to be held, the pur­ calling the Law Enforcement and Marine BULK LUMBER CARRIERS pose of such hearing will be to receive Mammal Protection Division in Wash­ ington, D.C. (area code 202), phone num­ Intent To Compute Estimated Cost of evidence relevant to whether the service Construction already provided by vessels of U.S. regis­ ber 343-4543. try for the worldwide movement of liquid Instructions for Preparing Application. Notice is hereby given of the intent and dry bulk cargoes in the foreign Provide the following information using of the Maritime Subsidy Board to com­ oceanbome commerce of the United separate sheets as needed.

FEDERAL REGISTER, VOL. 38, N O ; T84— M ONDAY, SEPTEMBER 2 4 , 1973 NOTICES 26623

1 Title: As applicable, either— (g) If the capture is to be done by a (d) A list of any educational or sci­ (1) Application for Public Display contractor, a statement as to whether a entific programs connected to the con­ Permit Under the Marine Mammal Pro­ qualified member of your staff (include templated display; and tection Act of 1972, or name(s) and qualifications) will super­ (e) A description of the Applicant’s (2) Application for Scientific Research vise or observe the capture, Accompany enterprise and its connections with any Permit Under the Marine Mammal Pro­ such statement with a copy of the pro­ governmental, educational, medical, or tection Act of 1972 posed contract; other scientific entities. 2. List the date of the application. (h) In the case of imported animals 10. If the marine mammal to be taken 3. If the Applicant is a partnership or indicate, if known, the management and or imported is listed as an endangered a corporate entity set forth the details. protection programs of the country from species pursuant to the Endangered If the marine mammal to be taken or which the animal originates; and Species Act of 1969 or any Act super­ imported, or the marine mammal prod­ (i) For any marine mammal products seding it, or has been designated by the uct to be imported, is to be utilized or to be imported, provide the information Secretary as depleted, or if the marine displayed by a party other than the Ap­ sought in this paragraph for all marine mammal product to be imported is com­ plicant, set forth the name of the party mammals from which component parts posed in whole or in part from such and such other information as would be of such products are derived. mammal, provide a detailed justification required if such party were an Applicant. 7. Describe the manner of transporta­ of the need for such mammal (s), or 4. Provide a statement on the purpose tion of any marine mammal taken or im­ product(s) including a discussion of of the proposed taking or importing, in­ ported, including: possible alternatives, whether or not cluding a brief description of : (a) Mode of transportation; under the control of the Applicant. (a) The need for the marine mam- (b) Name of transportation company; Please note that pursuant to the Act and mal(s) and/or marine mammal prod­ (c) Length of time in transit for the interim regulations that no public dis­ uces) ; and transfer of the animal(s) from the cap­ play permits may be issued for such en­ (b) How they will be used. ture site to the research or display dangered or depleted species. 5. If the application is for a scientific facility; (d) Length of time in transit for any 11. For the year preceding the date of research permit, provide the following this application, provide a detailed de­ additional information: future move or transfer of the animal (s) that is planned; scription of all marine mammal mor­ (a) A detailed description of the sci­ (e) The qualifications of the common talities, including: entific research project or program in carrier or agent used for transportation (a) A list of all marine mammals cap­ which the marine mammal or product of the animals; tured, transported, maintained, dis­ thereof is to be used ; (f) A description of the pen, con­ played, or utilized for scientific research (b) A list of the names and addresses tainer, cage, cradle, or other devices and/or for all marine mammals caused of the sponsors or cooperating institu­ used, both to hold the animal at the cap­ to be captured, transported, maintained, tions and the scientists involved; ture cite and during transportation; displayed, or utilized for scientific re­ (c) A copy of the formal research pro­ (g) Special care before and during search, by the Applicant; posal or contract if one has been pre­ transportation, such as salves, antibi­ (b) The numbers of mortalities among pared; otics, moisture; and such mammals, by species, by date and (d) A statement of whether the pro­ (h) A statement as to whether the location of such mortalities; posed research has broader significance animals will be accompanied by a veteri­ (c) The cause(s) of any such mortali­ than the individual researcher’s goals narian or other similarly qualified per­ ties; and (i.e., does the proposed research respond son, and the qualifications of such directly or indirectly to recommendations person. (d) The steps which have been taken of any national or international scien­ 8. Describe the contemplated care and by the Applicant to avoid or decrease any tific body charged with research or maintenance of any mammals sought, in­ such mortalities. management of marine mammals and, if cluding a complete description of the 12. A certification in the following so, how?) ; and facilities where any such mammals will language: ■(e) A description of the arrangements, be maintained or displayed, including: I hereby certify that the foregoing infor­ if any, for the disposition of any dead (a) The dimension of the pools or mation is complete, true, and correct to the specimen or its skeleton or other remains, other holding facilities and the number best of my knowledge and belief. I under­ for the continual benefit to science, in a of animals by species to be held in each; stand that this information is submitted for museum or other institutional collec­ (b) The water supply, amount, and the purpose of obtaining a permit under the quality; Marine Mammal Protection Act of 1972 < 16 tion. U.S.C. 1361-1407) and regulations promul­ 6. Describe any marine mammals to be (c) The diet, amount and type, for gated thereunder, and that any false state­ taken or imported, whether for public all animals;' ment may subject me to the criminal pen­ display or scientific research or any (d) Sanitation practices used; alties of 18 U.S.C. 1001, or to penalties pro­ marine mammal products to be imported, (e) Qualifications and experience of vided under the Marine Mammal Protection including the following: the staff; and A ct o f 1972. (f) A written certification from a li­ (a) A list of each species to be taken Signature of Applicant or imported and the number of each, in­ censed veterinarian knowledgeable in cluding the common and scientific name; the field of marine mammals that he Dated September 19, 1973. has personally reviewed the arrange­ (b) A physical description of each ments for transporting and maintaining W il l ia m F . R o y c e , animal to be taken or imported, includ­ Associate Director of Research. ing the age, size, and sex; the animal (s) and that in his opinion they are adequate to provide for the well­ [FR Doc.73-20218 Piled 9-21-73;8:45 am] (c) A list of the probable dates of cap­ being of the animal. ture and importation for each animal 9. If the application is for public dis­ and the location of capture and impor­ play, provide a detailed description of PERMITS TO TAKE OR IMPORT MARINE tation, as specifically as possible; the proposed display, including: MAMMALS (d) A description of the status of the (a) A description of the manner, lo­ Consideration of Permits To Import stock of each species related insofar as cation, and number of times per day and possible to the location or area of taking; The Marine Mammal Protection Act per week the animal(s) will be dis­ of 1972 provides for a Marine Mammal (e) A description of the manner of played; taking for each marine mammal, includ­ (b) An indication as to whether the Commission and a Committee of Scien­ ing the gear to be used; display is for profit; tific Advisors on Marine Mammals to (f) The name and qualifications of (c) An estimate of the numbers and assist the Secretary of Commerce and the persons or entity which will capture types of people who it is estimated will provide consultation and recommenda­ the animals; benefit by such display; tions to him. Under the Act no permits

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 26624 NOTICES to take or import marine mammals or to Commerce Building, U.S. Department of ASSISTANT ADMINISTRATOR, OFFICE OF import marine mammal products for Commerce, Washington, D.C. 20230. PROGRAM DEMONSTRATIONS purposes of scientific research or public S e th M . B odner, Revocation of Redelegation of Authority display may be issued by the Secretary Chairman, Committee for the With Respectto Urban Mass Transporta­ without a review by the Commission and Implementation of Textile tion Program the Committee. Agreements, and Deputy As­ The Commission was appointed on Pursuant to the authority delegated sistant Secretary for Re­ to me by §§ 1.45(b) and 1.50 of the reg­ May 14, 1973, and the Committee was sources and Trade Assistance. appointed on August 7, 1973. Therefore, ulations of the Secretary of Transporta­ notice is hereby given that since these (FR Doc.73-20314 Filed 9-21-73;8:45 am] tion (49 CFR 1.45(b) and 1.50), I here­ entities are available to review applica­ by revoke the delegation of authority to tions for permits to take or import ma­ DEPARTMENT OF HOUSING AND the Assistant Administrator, Office of rine mammals or to import marine mam­ URBAN DEVELOPMENT Program Demonstrations (who will mal products for purposes of scientific henceforth be designated Associate Ad­ research or public display, such applica­ Federal Disaster Assistance Administration ministrator for Research and Develop­ tions will be accepted at this time for [Docket No. NFD-126; FDAA-400-DR] m ent), made in 35 FR 10121, June 10, consideration by the Secretary. Detailed 1970, such revocation to become effec­ instructions on how to prepare and file NEW BRITAIN TOWNSHIP; PENN. tive September 10,1973. such applications are being published in Amendment to Notice of Major Disaster Issued at Washington, D.C., Septem­ the F ederal R egister contemporaneously Notice of major disaster for the State ber 7, 1973. with this notice. of Pennsylvania, dated July 18,1973, and J o h n E . H ir ten , Effective date.—This notice is effective published July 24, 1973 (38 FR 19852); Acting Urban Mass on September 24,1973. amended July 24, 1973, and published Transportation Administrator. July 31,1973 (38 FR 20359) ; and amend­ [FR Doc.73-20196 Filed 9-21-73;8:45 am] Dated September 19,1973. ed August 29, 1973, and published Sep­ W il l ia m F . R o y c e , tember 6, 1973 (38 FR 24242), is hereby Associate Director of Research. further amended to include the following ASSISTANT ADMINISTRATOR, OFFICE OF PROGRAM OPERATIONS [FR Doc.73-20217 Filed 9-21-73;8:45 am] area among those counties determined to have been adversely affected by the Revocation of Redelegation of Authority catastrophe declared a major disaster by with Respect to Urban Mass Transpor­ Office of the Secretary the President in his declaration of July tation Program MANAGEMENT-LABOR TEXTILE 17,1973: Pursuant to the authority delegated to ADVISORY COMMITTEE New Britain Township me by §§ 1.45(b) and 1.50 o f the regula­ Notice of Public Meeting (within Bucks County) tions of the Office of the Secretary of Assistance for New Britain Township Transportation (49 CFR 1.45(b) and S eptem ber 20, 1973. 1.50), I hereby revoke the redelegation The Management-Labor Textile Ad­ is limited to the incidence period August 2-3,1973. of authority to the Assistant Adminis­ visory Committee will meet at 2:00 p.m. trator, Office of Program Operations, (»1 October 2, 1973 in Room 6802, De­ (Catalog of Federal Domestic Assistance Pro­ made in 33 FR 12977, September 13, partment of Commerce, 14th and Con­ gram No. 50.002, Disaster Assistance.) 1968, such revocation to become effective stitution Avenue, NW., Washington, D.C. Dated September 17,1973. September 10,1973. 20230. T h om as P. D u n n e , Issued in Washington, D.C., Septem­ The Committee, which is comprised of Administrator, Federal ber 7, 1973. 40 members representing the industry, Disaster Assistance Administration. J o h n E . H ir t e n , trade associations, and trade unions, ad­ [FR Doc.73-20219 Filed 9-21-73;8:45 am] Acting Urban Mass vises Department officials on conditions Transportation Administrator. in the textile industry and on trade in textiles and apparel. DEPARTMENT OF [FR Doc.73-20195 Filed 9-21-73;8:45 am] The agenda for the meeting is as TRANSPORTATION follow s: Urban Mass Transportation Administration ASSISTANT ADMINISTRATOR FOR 1. Review of Import Trends. PROGRAM PLANNING 2. Implementation of Textile Agreements. URBAN MASS TRANSPORTATION 3. Report on Conditions in the Domestic PROGRAMS Revocation of Redelegation of Authority Market. With Respect to Urban Mass Transporta­ 4. Other Business. Redelegations of Authority tion Program The purpose of the following notices is Pursuant to the authority delegated to A limited number of seats will be avail­ to reflect changes in the organization and able to the public. The public will be per­ me by §§ 1.45(b) and 1.50 o f the regula­ structure of and redelegations of author­ tions of the Office of the Secretary of mitted to file written statements with the ity in the Urban Mass Transportation committee before or after the meeting. Transportation (49 CFR 1.45(b) and Administration. 1.50), I hereby revoke the redelegation of To the extent time is available at the end Since these changes are solely matters of the meeting the presentation of oral authority to the Assistant Administrator statements will be allowed. of departmental management, proce­ for Program Planning (who will hence­ dures and practices, notice and public Portions of future meetings which con­ forth be designated Associate Adminis­ procedure thereon is unnecessary, and trator for Program Planning), made in cern subjects not listed above will be open they may be made effective in less than to public participation unless it is deter­ 36 FR 17527, August 26, .1971, such rev­ mined, in accord with S10(d) of the Fed­ thirty days after publication in the Fed­ ocation to become effective September 10, eral Advisory Committee Act and the eral Register. 1973. OMB-Justice memorandum on Advisory Issued in Washington, D.C., Septem­ Issued in Washington, D.C., Septem­ Committee Management, that specifical­ ber 7, 1973. ber 7, 1973. ly identified portions will bè closed. J o h n E. H ir t e n , J o h n E . H ir ten , Farther information concerning the Acting Urban Mass Acting Urban Mass Committee may be obtained from Arthur Transportation Administrator. Transportation Adminnstrator. Garel, Director, Office of Textiles, Main [FR Doc.73-20193 Filed 9-21-73;8:45 am] [FR Doc.73-20194 Filed 9-21-73;8:45 am]

FEDERAL REGISTER, V O L 38, N O . 184— M ONDAY, SEPTEMBER 24, 1973 NOTICES 26625

a s s o c ia t e administrator f o r ASSOCIATE ADMINISTRATOR FOR This redelegation becomes effective CAPITAL ASSISTANCE RESEARCH AND DEVELOPMENT September 10,1973. Redelegation of Authority With Respect to RedeFegation of Authority With Respect to Issued in Washington, D.C., September Urban Mass Transportation Program Urban Mass Transportation Program 7, 1973. Pursuant to the authority delegated Pursuant to the authority delegated J o h n E . H ir t e n , to me by § f 1.45(b) and 1.50 o f the reg­ to me by §-§ 1.45(b) and 1J50 of the reg­ Acting Urban Mass ulations of the Office of the Secretary of ulations of the Office of the Secretary Transportation Administrator. Transportation (49 CFR 1.45(b) and of Transportation (49 CFR 1.45(b) and [FR Doc.73-20200 Filed 9-21-73;8:45 am] 1 50), the Associate Administrator for 1.50), the Associate Administrator for Capital Assistance is hereby authorized Research and Development is hereby to execute grant contracts and loan authorized to execute grant contracts DIRECTOR, OFFICE QF CIVIL RIGHTS AND agreements and amendments thereto and amendments and interagency agree­ SERVICE DEVELOPMENT with respect to approved capital grant ments for approved research, and „devel­ Revocation of Redeiegation of Authority and loan and advance land acquisition opment projects under section 6(a) and With Respect to Urban Mass Transporta­ loan projects under sections 3, 4, 7 and grant contracts and' amendments for tion Program 16 of the Urban Mass Transportation university research and training projects Act of 1964 as amended (49 U.S.C. under section 11. of the Urban Mass Pursuant to the authority delegated to §§ 1602,1603, 1606, and 1612) and is fur­ Transportation Act of 1964 as amended me by §§ 1.45(b) and 1.50 o f the regula­ ther authorized, in connection with the (49 U.S.C. §§ 1605(a) and 16070, and tions of the Office of the Secretary of administration of such projects, to ap­ is further authorized, in connectibn with Transportation (49 CFR 1.45(b) and prove requisitions for funds, third party the administration of such contracts, to 1.50) , I hereby revoke the redeiegation contracts; and project budget amend­ approve requisitions for funds, third of authority to the Director, Office of ments within previously approved limits. party contracts and project budget Civil Rights, and Service Development The Associate Administrator for Capi­ amendments within previously approved (who will henceforth be designated as limits. Director of Civil Rights) made in 33 FR tal Assistance is further authorized to 19201,. December 18, 1970, such revoca­ redelegate to one or more employees un­ The Associate Administrator for Re­ der his jurisdiction the authority redele­ search and Development is further au­ tion to become effective September 10, gated herein. thorized to redelegate to one or more 1973. employees under his jurisdiction the au­ Issued in Washington, D.C., Septem­ This redelegation becomes effective thority redelegated herein.- September IQ* 1973. ber T, 1973. This redelegation becomes effective Jo h n E. H ir t e n , Issued in Washington, D.C., Septem­ September 10,1973. Acting: Urban Mass ber 7, 1973. Issued in Washington, D.C., Septem­ Transportation Administrator. J o h n E . H ir t e n , ber 7,1973. [FR Doc.73-20197 Filed 9-21-73;&:45 ami Acting Urban Mass J o h n E . H ir t e n , Transportation Administrator. Acting Urban Mass DIRECTOR OF TRANSIT MANAGEMENT [PE Doc.73-20199 Filed, 9-21-73; 8:45 am] Transportation Administrator. [FR Doc.73-20201 Filed 9-21-73;8:45 am] Redeiegation of Authority With Respect to Urban Mass Transportation Program ASSOCIATE ADMINISTRATOR FOR PROGRAM PLANNING Pursuant to the authority delegated to ASSOCIATE ADMINISTRATOR FOR me by §§ 1.45(b) and 1.50 o f the regula­ Redelegation of Authority With Respect to TRANSIT PLANNING Urban Mass Transportation Program tions of the Office of the Secretary of Redeiegation of Authority With Respect to Transportation (49 CFR 1.45(b) and Pursuant to authority delegated to me Urban Mass Transportation Program by §§ 1.45(b) and 1.50 o f the regulations 1.50) the Director of Transit Manage­ Pursuant to. the authority delegated to ment is hereby authorized to execute of the Office of the Secretary of Trans­ me hy §§ 1.45(b) and 1.50 o f the regu­ portation (49 CFR 1.45(b) and 1.50), the lations of tiie Office of the Secretary of grant, contracts, and amendments and Associate Administrator for Program Transportation (49 CFR 1.45(b) and inter-agency agreements for approved Planning is hereby authorized to execute 1.50), the Associate Administrator for research, study, technical assistance, and grant contracts and amendments and in­ Transit Planning is hereby authorized managerial training fellowship projects teragency agreements for approved pol­ to execute grant contracts and amend­ icy research and planning or evaluation under sections 6, 9 and 10 of the Urban ments and inter-agency agreements for Mass Transportation A ct o f 1964 as. projects under sections 6(a) and 9 of approved planning, engineering, archi­ the Urban Mass Transportation Act of tectural, feasibility and operational im­ amended (49 U.S.C. §§ 1605, 1607a and 1964 as amended (49 U.S.C. §§ 1605(a) provement study projects, and demon­ 1607b), and is further authorized in con­ and 1607a) and is further authorized in nection with the administration of such connection with the administration of strations of advanced transportation such contracts to approve requisitions systems and techniques in an operational projects to approve requisitions for proj­ for funds, third party contracts, and environment, under sections 6(a), 9, and ect funds, third party contracts, and project budget amendments within pre­ 16 of the Urban Mass Transportation project budget amendments within viously approved limits. Act of 1964 as amended (49 U.S.C. previously approved limits. The Associate Administrator for Pro­ §§ 1605(a), 1607(a), and 1612, and is The Director of Transit Management gram Planning is further authorized to further authorized in connection with is further authorized to redelegate to one redelegate to one qr more employees un­ or more employees under his jurisdiction der his jurisdiction the authority redele­ the administration of such contracts to gated herein. approve requisitions for funds, third the authority redelegated herein. This redelegation becomes effective party contracts, and project budget This redeiegation becomes effective September 10,1973. amendments within previously approved September 10, 1973. limits. Issued at Washington, D.C., Septem­ Issued in Washington, D.C., Septem­ ber 7, 1973. The Associate Administrator for Tran­ ber 7, 1973. J o h n E. H ir t e n , sit Planning is further authorized to re­ J o h n E . H ir t e n , Acting Urban Mass delegate to one or more employees un­ Acting Urban Mass Transportation Administrator. der his jurisdiction the authority redele­ Transportation Administrator. [FR Doc.73-20198 Filed 9-21-73;8:45 am] gated herein. [FR Doc.73-20202 Filed 9-21-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 26626 NOTICES ATOMIC ENERGY COMMISSION [D ocket No, 50-410] be received prior to the start of the tak­ ing of evidence at the hearing. [Docket No. 50-363] NIAGARA MOHAWK POWER CORP. Notice and Order for Evidentiaiy Hearing Issued at Washington, D.C., this 18th JERSEY CENTRAL POWER & LIGHT CO. day o f September 1973. Notice of Availability of Initial Decision of The Atomic Energy Commission (the Commission) by its “Notice of hearing By order of the Atomic Safety and the Atomic Safely and Licensing Board Licensing B oard. for the Forked River Nuclear Generating on application for construction permit” D a n ie l M . H ead, Station, Unit 1 dated September 21, 1972, ordered a hearing to be held on the application of Chairman. Pursuant to the National Environmen­ the Niagara Mohawk Power Corporation [PR Doc.73-20190 Piled 9^21-73;8:45 am] tal Policy Act o f 1969 and the United for a construction permit for a boiling States .Atomic Energy Commission’s water reactor designed for initial opera­ regulation in Appendix D, section A.9 tion at approximately 3,323 thermal meg­ [Docket No. 50-305] and A .ll, to 10 CFR Part 50, notice is awatts with a net electrical output of WISCONSIN PUBLIC SERVICE .CORP., hereby given that an,Initial Decision E T AL. dated July 9, 1973, by the Atom ic Safety approximately 1,100 megawatts. The proposed facility, designated as the Nine Order Extending Completion Date and Licensing Board in the above cap­ Mile Point Unit No. 2, is to be located tioned proceeding authorizing issuance at the Applicant’s site on the southeast Wisconsin Public Service Corporation, of a permit to Jersey Central Power and shore of Lake' Ontario in the town of W isconsin Power and Light Company, Light Company for construction of Scriba, Oswego County, New York. This and Madison Gas and Electric Company Forked River Nuclear Generating Sta­ hearing will be held pursuant to the are the holders of Provisional Construc­ tion, Unit 1 located in Ocean County, Atom ic Energy A ct o f 1954, as amended, tion Permit No. CPPR-50, issued by the New Jersey, is available for inspection by the National Environmental Policy Act Commission on August 6, 1968, for the the public in the Commission’s Public o f 1969, and the Regulations in 10 CFR construction o f the Kewaunee Nuclear Document Room a t 1717 H Street NW., Part 50, Licensing of Production and Power Plant, a 1650 megawatt (thermal) Washington, D.C., and in the Ocean pressurized water nuclear reactor, pres­ County Library, 15 Hooper Avenue, Toms Utilization Facilities, and 10 CFR Part 2, Rules o f Practice. ently under construction at the com­ River, New Jersey 08753. The hearing will be evidentiary in panies’ site in the Town of Carlton, Ke­ The Initial Decision is also being made waunee County, Wisconsin. available at the Division of State and nature and will be conducted by the Regional Planning Department of Com­ Atomic Safety and Licensing Board (the On July 17, 1973, W isconsin Public munity Affairs, P.O. Box 2768, Trenton, Board) appointed by the Commission on Service Corporation filed a request for November 15, 1972. This Board consists an extension of the completion date for New Jersey 08625, and at the Ocean of Dr. Marvin M. Mann and Dr. William County Planning Board, Court House the following reason. In December 1972, E. Martin as technically qualified mem­ specific design criteria were issued by the Square, Toms River, New Jersey 08753. bers, and Daniel M. Head as chairman. The Initial Decision modified in cer­ AEC to deal with postulated breaks out­ tain respects the contents of the Final Prehearing Conferences were held by side containment in lines carrying high- Environmental Statement relating to the the Board in Oswego, New York, on energy fluids. Meeting these criteria has construction of the Forked River Nuclear January 9, 1973, April 27, 1973, and Sep­ required very significant modifications Generating Station, Unit 1 prepared by tember 12, 1973, in accordance with the to many parts of the plant. The plant, the Commission’s Directorate of Licens­ provisions o f §§ 2.715(a). and 2.752 o f in areas other than those affected by ing. A copy of this final Environmental the Commission’s rules of practice, 10 these modifications, is essentially com­ Statement is also available for public CFR Part 2. As a result of these pre- plete, but because of the plant modifica­ hearing conferences, the Board per­ tions, the overall schedule*may be some­ inspection at the above designated mitted intervention by Mrs. Susanne locations. what delayed. Fuel loading is now sched­ Weber and Ecology Action under 10 CFR uled in early October. The Director of Pursuant to the provisions of 10 CFR 2.714(a) and admitted participation by Regulation having determined that this Part 50, Appendix D, section A .ll, the the State of New York pursuant to the action involves no significant hazards Final Environmental Statement is provisions of 10 CFR 2.715(c). In addi­ considerations, that good cause has been deemed modified to the extent that the tion, the Board adrqitted as issues in con­ shown, and that the requested extension findings and conclusions relating to envi­ troversy certain contentions raised by is for a reasonable period, the bases for ronmental matters contained in the In­ the intervenors. itial Decision are different from those which are set forth in a memorandum contained in the Final Environmental The evidentiary hearing which is being dated August 30, 1973, from R. C. De­ Statement. As required by section A .ll of set by this order will consider the issues Young to A. Giambusso: Appendix D, a copy of the Initial Deci­ in controversy between the parties as It is hereby ordered that the latest sion, which modifies the Final Environ­ well as the issues that have been desig­ completion date for CPPR-50 is extended mental Statement, has been transmitted nated determination by the Board in from August 31, 1973, to November 29, to the Council on Environmental Quality the Commission’s aforementioned “No­ 1973. tice of hearing on application for con­ and made available to the public as noted For the Atomic Energy Commission. herein. struction permit.” Single copies o f the Initial Decision and Please take notice, and it is hereby or­ Date of issuance September 17, 1973. dered, That the evidentiary hearing in of the Final Environmental Statement A. G ia m bu sso , may be obtained by writing the U.S. this proceeding is scheduled to begin at 10 a.m., local time, on Wednesday, Octo­ Deputy Director for Reactor Atomic Energy Commission, Washington, Projects, Directorate of Li­ D.C. 20545, Attention: Deputy Director ber 10, 1973, in the City Council Cham­ ber, City Hall, West Oneida Street, Os­ censing. for Reactor Projects, Directorate of [PR Doc.73-20204 Filed 9-21-73:8:45 am] Licensing. wego, New York 13126. The hearing shall run continuously until all evidence has Dated at Bethesda, Maryland this 18th been received or until continued by order CIVIL AERONAUTICS BOARD day o f September 1973. of this Board. [Docket Nos. 21991 and 22209] For the Atomic Energy Commission. Members of the public are invited to attend this public hearing and they may ALLEGHENY AIRLINES, INC. W m. H. R egan, Jr., request to make limited appearances pur­ Notice of Hearing Chief, Environmental Projects suant to § 2.715(a) of the Commission’s Branch No. 4 Directorate of Rules of Practice, 10 CFR Part 2. Oral Notice is hereby given, pursuant to Licensing. or written statements and questions to the provisions of the Federal Aviation [PR Doc.73-20205 Piled 9-21-73;8:45 am] be presented by limited appearances will A ct o f 1958, as amended, that a hearing

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 NOTICES 26627 in the above-entitled proceeding is as­ matter is assigned to be held on Octo­ Accordingly, It is ordered, That: signed to be held on November 6, 1973, ber 30, 1973, at 10:00 a.m. (local tim e), Agreement CAB 23928 be and hereby at 10-00 a.m. (local tim e), in Room 911, in Room 1027, Universal Building, 1825 is approved. Universal Building, 1825 Connecticut Connecticut Avenue NW., Washington, Persons entitled to petition the Board Avenue NW., Washington, D.C:, before D.C., before Administrative Law Judge for review o f this Order pursuant to the Administrative Law Judge Louis W. Frank M. Whiting. Board’s regulations, 14 CFR 385.50, may Tr> Sornson. order to facilitate the conduct of file such petitions within ten days after thè conference parties are instructed to the date of service of this order. Dated at Washington, D.C., Septem­ submit one copy to each party and four This order shall be effective and be­ ber 18, 1973. copies to the Judge of (1) proposed state­ come the action of the Civil Aeronautics [seal] R alph L. W iser, ments of issues; (2) proposed stipula­ Board upon expiration of the above pe­ Chief Administrative Law Judge. tions; (3) requests for information; (4) riod, unless within such period a petition statement of positions of parties; and [PR D oc.73 -20 285 Filed 9-21-73;8:45 am] for review thereof is filed or the Board (5) proposed procedural dates. The Bu­ gives notice that it will review this order reau of Operating Rights will circulate on its own motion. [Docket No. 25857] its material on or before October 15, This order will be published in the GATEWAY AVIATION, LTD. 1973, and the other parties on or before October 23, 1973. The submissions o f the F ederal R egister. Notice of Prehearing Conference and Hear­ other parties shall be limited to points [ seal] Edwin Z. H olland, ing Regarding Foreign Air Carrier Permit on which they differ with the Bureau of Secretary. Operating Rights, and shall follow the Notice is hereby given that a prehear­ [FR Doc.73-20282 Filed 9-21-73;8:45 am] ing conference in the above-entitled numbering and lettering used by the Bu­ matter is assigned to be held on Octo­ reau to facilitate cross-referencing. ber 16, 1973, at 10:00 a.m. (local time) Dated at Washington, D.C., Septem­ [Docket No. 25280; Order 73-9-36] in Room 1031, Universal North, 1875 ber 18,1973. INTERNATIONAL AIR TRANSPORT Connecticut Avenue NW., Washington, R alph L. W iser, ASSOCIATION D.C., before Administrative Law Judge Chief Administrative Law Judge. Order Relating to Cargo Rates Richard M. Hartsock. [FR Doc.73-20284 Filed 9-21-73;8:45 am] Notice is also given that the hearing September 10, 1973. may be held immediately following con­ Agreements have been filed with the clusion of the prehearing conference [Docket No. 23333 Agreement CAB 23928] Board, pursuant to section 412(a) of the unless a person objects or shows reason Federal Aviation Act of 1958 (the A ct) for postponement on or before Octo­ INTERNATIONAL AIR TRANSPORT ASSOCIATION and Part 261 o f the Board’s Economic ber 9,1973. Regulations, between various air carri­ Dated at Washington, D.C., Septem­ Agreement and Order Regarding Cargo ers, foreign air carriers, and other car­ Rates ber 18,1973. riers, embodied in the resolutions of the September 17, 1973. Traffic Conferences of the International R alph L. W iser, Air Transport Association (IATA). The Chief Administrative Law Judge. An agreement has been filed with the Board pursuant to section 412(a) of agreements were adopted at the Com­ [FR Doc.73-20286 FUed 7-21-73;8:45 am] the Federal Aviation Act o f 1958 (the posite Cargo Traffic Conferences held A ct) and Part 261 o f the Board’s eco­ May/June 1973 in Mexico City. Together [Docket No. 25856] nomic regulations between various air they comprise those portions of the carriers, foreign air carriers and other worldwide cargo rate structure, intended HAITI AIR TRANSPORT, S.A.M. carriers embodied in the resolutions of for effectiveness from October 1, 1973, Notice of Prehearing Conference and Hear­ the Traffic Conferences of the Interna­ through September 30, 1975, which have ing Regarding Foreign Air Carrier Permit tional Air Transport Association (IATA), only limited application in air transpor­ tation as defined by the Act. Notice is hereby given that a prehear­ and adopted at a meeting held in New ing conference in the above-entitled York on August 16, 1973, between B rit­ General cargo rates over the South At­ matter is assigned to be held on Octo­ ish Overseas Airways Corp., Pan Ameri­ lantic, and within Traffic Conference 2 ber 17, 1973, at 10:00 a.m. (local time) can World Airways, Inc., and Trans (Europe/Africa/Middle East) have in­ in Room 1031, Universal North, 1875 World Airlines, Inc. The agreement, re­ direct application in air transportation Connecticut Avenue NW., Washington, lating to import service charges, has been as defined by the Act insofar as they are D.C., before Administrative Law Judge assigned the above CAB agreement combinable with general cargo rates to/ Joseph L. Fitzmaurice. number. from United States points, and will be Notice is also given that the hearing The agreement, for intended effective­ approved herein. We will also approve ness October 1, 1973, amends an attach­ currency surcharge resolutions for these may be held immediately following con­ ment to existing resolution 502b and areas, but will disclaim jurisdiction with clusion of the prehearing conference un­ governs terminal service charges on in­ respect to other resolutions (such as spe­ less a person objects or shows reason for bound shipments at U.S. airports. The cific commodity rates which are non- postponement on or before October 10, amendment would clarify the existing combinable) which do not affect air 1973. ^ - wording by specifying that an airline transportation. Dated at Washington, D.C., Septem­ shall charge a $2.50 import service fee Cargo rates within Traffic Conference ber 18,1973. per carrier airwaybill for providing as­ 3 (Asia/Australia/Australasia), and sistance and/or facilities in presenting rates between that area and Conference R alph L. W iser, a shipment or portions thereof for Cus­ 2 (Joint Conference 2/3), affect air Chief Administrative Law Judge. toms examination, and/or for opening transportation directly only where rates [FR Doc.73-20283 FUed 9-21-73;8:45 am] or closing such packages if required. The to/from the U.S. territories and posses­ sions in the Pacific are included. Rates previous wording was less clear as to for these U.S. points will be considered [Docket No. 25204] whether such charges could be levied if concurrently with Board action on the IU INTERNATIONAL CORP., AND IU the carrier did not perform the actual overall transpacific rate agreements,1 but FORWARDING, INC. opening and/or closing of the shipment. Acquisition of Control of Airborne Freight Pursuant to authority duly delegated i By Order 73-9-30 (September 10, 1973), Corporation; Notice of Prehearing Con­ by the Board in the Board’s regulations, the Board established procedural dates for ference the receipt of Justification, comments and 14 CFR 385.14, it is not found that Agree­ replies with respect to those portions of the Notice is hereby given that a prehear­ ment CAB 23928 is adverse to the public Mexico City- Agreements directly affecting ing conference in the above-entitled interest or in violation of the Act. air transportation.

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, J 973 No. 184—Pt. I----- 5 we will herein approve the TC3 and Pursuant to authority duly delegated 26628 Agreement IA T A JT2/3 cargo rate agreements insofar as by the Board in the Board’s Regulations, C.A.B. No. Title Application 23800 they involve combinable rates between 14 CFR 385.14: foreign points, and we will disclaim ju­ i. It is not found that the following R -2______OOlzz...____ South Atlantic Escape Resolution—Cargo (NEW )______Y (South risdiction with respect to non-combin- resolutions, incorporated in the agree­ Alantio). able rates. We will also take similar ac­ R -4...... 501...... Minimum Charges for Cargo—South Atlantic (Revalidating Y (South ments indicated, and which have indirect and Amending). Atlantic); tion with respect to the Mid-Atlantic R -5...... 534c...... South Atlantic Bulk Unitization Charges (Revalidating and Y (South cargo rate structure, which includes application in air transportation as de-, Amending). Atlantic); rates to/from San Juan and the U.S. fined by the Act, are adverse to the pub­ ' Agreement IATA No. Title Application Virgin Islands. lic interest or in violation of the Act: C.A.B. 23800 R -7...... 590______Specific Commodity Rates Board (Revalidating and Amending). (South Agreement Atlantic); C.A.B. IA T A No. Title Application 23798 Agreement IATA No. Title Application C.A.B. 23799 R-3...... 200c...... Transportation of Human Eyes and Dehydrated Corneas (Re- 2/3. R - l...... O O ly ...... TC2 Special Effectiveness Resolution (N E W )...... 2 adopting and Amending). R-3_____...... 022m...... TC 2 Special Rules for Sales of Cargo Air Transportation (Revalidating 2 R- 6 ...... ______535...... JT23 Bulk Unitization Charges (Revalidating and Amending).. 2/3. and Amending). R- 8 ...... 590...... Specific Commodity Rates Board (Revalidating and Amending). 2/3. R - 6 ______. . . . 652„...<....^ TC2 General Cargo Rates...... ï .^ .ü ...... 2 3. It is not found that the following transportation as defined by the Act, pro­ Agreement IA T A No; Title Application resolutions, incorporated in the agree- vided that approval is subject, where C.A.B. 23800 ments indicated, are adverse to the public ,, .... . , interest or in violation of the Act to the aPPhcable, to conditions previously im- extent they do not directly apply in air posed by the Board: R - l ___...... 001c...... Cargo Tie-In Resolution—South Atlantic (NEW)...... \h, (South At­ lantic). R-3 ...... 022L...... JT12 (South Atlantic) Special Rules for Sales of Cargo Air Trans- Y (South At- Agreement IA T A No. Title Application portation (Revalidating and Amending). lantic), C.A.B. 23774 R - 6 ______6 5 4 c ...... South Atlantic General Cargo Rates.______Y (South At­ lantic). R - l ...... 022a ...... TC3 Special Rules for Sales of Cargo Air Transportation (Revalidating 8 and Amending). R -2...... 1151...... Meeting Non-IATA Cargo Competition (Revalidating and Amending). 3 NOTICES R -3...... 501...... Minimum Charges for Cargo (Revalidating and Amending) 3 2. It is riot found that the following ments indicated, affect air transportation R -4...... 553...... TC3 General Cargo Rates...... •...... 3 resolutions,- incorporated in the agree- within the meaning o f the A ct: \ R-Ö...... 690...... Specific Commodity Rates Board (Revalidating and Amending) 8

Agreement IA TA Title Application Effective Rate E ffective R ate C.A.B. 23799 No. Route on and cents Route on and cents after per aíter per mile m ile R - l ___ ...... 001c...... Cargo Tie-in Resolution (NEW)...... 2/3; 1/2/3. R -2...... 022b ...... JT23/JT123 Special Rules for Sales of Cargo Air Transportation 2/3; 1/2/3. >< Revalidating and Amending). St. Louis and Kansas City, M o.. Jan. 16,1978 79.62 Rolla, Mo., and Harrison, Ark., Jan. 17,1973 66.00 R -4...... 601...... Minimum Charges for Cargo (Revalidating and Amending)____ 2/3. Sheldon and Des Moines, Iowa, . . . . . d o ...... 58.21 via Columbia and Kansas R -5...... 501...... Minimum Charges for Cargo (Except North and Central Pacific) 1/2/3. via Spencer and Fort Dodge, City, Mo., and Little Rock (Revalidating and Amending). Iowa. and Batesville, Ark. R -7...... 555...... JT23 and JT123 General Cargo Rates...... 2/3; 1/2/3; Chicago. 111., and Louisville, K y ____ d o____ . . . 62.66 Shenandoah, Iowa, and Joplin, Jan. 18,1973 54.63 Sioux City and Des Moines, v i a ____ do______55.80 Mo., via Omaha, Nebr., Des Carroll, Iowa. Moines, Iowa, and Kansas City Agreement IATA No. Title Application Burlington and Des Moines v i a ...... d o___ . . . 51.98 and Springfield, Mo. C.A.B. 23819 Ottumwa, Iowa. Moline, 111., Cedar Rapids, . . . . . d o ...... 52.94 Decorab and Des Moines, via . . . . . d o ...... 54.75 Iowa, Des Moines, Iowa, St. Mason City, Iowa. Louis, Mo.. Columbia, Mo., Dubuque and Des Moines, v i a ____ d o . . ____ 52.46 R - l ...... 001c...... Cargo Tie-In Resolution—Mid-Atlantic (NEW)...... M (Middle and Kirksville, Mo. Atlantic); Waterloo, Iowa. San Angelo and Dallas, via Mar. 2,1973 44.70 Sioux Falls, S. Dak., and A M F ...... do...... 63.83 R - 2 ...... __ :. 022k ...... JT12 (Mid-Atlantic) Special Rules for Sales of Cargo Air Trans- (Middle Brownwood, Tex. portation (Revalidating and Amending). Atlantic); Twin Cities, Minneapolis, Texarkana and Dallas, Tex______d o...... 59.20 Minn., via Windom and Wil- R -3...... 501...... Minimum Charges for Cargo—Mid-Atlantic (Revalidating and Yi (Middle Shreveport, La., Texarkana, .....do...... 50.65 Amending). Atlantic); mar, Minn. Tex., Camden and Little Alliance and Omaha, via North . . . . . d o ...... 63.90 R -4...... 534b...... Mid-Atlantic Bulk Unitization Charges (Revalidating and Yi (Middle Rock, Ark., and Dallas, Tex. Amending). Atlantio); Platte and Grand Island, Longview, Tyler, and Dallas, Mar. 6,1973 59.40 Nebr. R -5...... 564b...... Mid-Atlantic General Cargo Rates...... Y (Middle Tex. Atlantic). AMF Twin Cities, Minneapolis, , ___ d o...... 108.57 Lufkin and Dallas, via Pales­ .....do...i-.i-= 53.27 Minn;, and Des Moines, Iowa. R-6..——— 590_.^.-.-:r-.-- Specific Commodity RatesBoard (Revalidatingand Amending). Yi (Middle tine, Tex. Atlantic);

FEDERAL REGISTER, VOL. 38, N O . 184— MONDAY, SEPTEMBER 24, 1973 NOTICES 26629

Accordingly, It is ordered, That: 1. ters officially mentioned, it is proposed have waived the right to a hearing and Those portions of Agreements C.A.B. to issue an order1 to include the follow­ all other procedural steps short of a final 23798 and C.A.B. 23800 described in find­ ing findings and conclusions: decision by the Board, and the Board may ing paragraph 1 above, which have in­ It is ordered, That: 1. Sedalia, Mar­ enter an order incorporating the findings direct application in air transportation shall, Boonville Stage Line, Inc., the and conclusions proposed herein and fix as defined by the Act, be and hereby are Postmaster General, Texas International and determine the final rates specified approved; Airlines, Inc., Ozark Air Lines, Inc., Fron­ herein; 2. Jurisdiction be and hereby is dis­ tier Airlines, Inc., Braniff Airways, Inc., 4. If answer is filed presenting issues claimed with respect to those portions Delta Air Lines, Inc., United Air Lines, for hearing, the issues involved in deter­ of Agreements C.A.B. 23798, C.A.B. 23800 Inc., and all other interested persons are mining the fair and reasonable final rates and C.A.B. 23799 described in finding directed to show cause why the Board shall be limited to those specifically paragraph 2 above; should not adopt the foregoing proposed raised by the answer, except insofar as 3. Those portions o f Agreements C.A.B. findings and conclusions and fix, deter­ other issues are raised in accordance with 23774, C.A.B. 23799, and C.A.B. 23819 mine, and publish the final rates speci­ Rule 307 of the Rules of Practice (14 CFR described in finding paragraph 3 above fied above for the transportation of mail 302.307); and be and hereby are approved to the extent by aircraft, the facilities used and use­ 5. This order shall be served on Se­ they have no direct application in air ful therefor, and the services connected dalia, Marshall, Boonville Stage Line, transportation as defined by the Act, sub­ therewith as specified above as the fair Inc., the Postmaster General, Ozark Air ject, where applicable, to conditions and reasonable rates of compensation to Lines, Inc., Frontier Airlines, Inc., Braniff previously imposed by the Board; and be paid to Sedalia, Marshall, Boonville Airways, Inc., Delta Air Lines, Inc., 4. Action be and hereby is deferred Stage Line, Inc.; Texas International Airlines, Inc., and with respect to those portions of Agree­ 2. Further procedures herein shall be United Air Lines, Inc. ments C.AB. 23774, C.A.B. 23799, and in accordance with 14 CFR Part 302, and The fair and reasonable final service C A.B. 23819 described in finding para­ notice of any objection to the rates or to mail rates to be paid, on and after ef­ graph 3 above to the extent they have the other findings and conclusions pro­ fective dates indicated, to Sedalia, direct application in air transportation posed herein, shall be filed within ten Marshall, Boonville Stage Line, Inc., in as defined by the Act. days, and if notice is filed, written answer its'entirety by the Postmaster General and supporting documents shall be filed pursuant to section 406 of the Act for the This order will be published in the within 30 days after service of this order; transportation of mail by aircraft, the Federal R egister. 3. If notice of objection is not filed facilities used and useful therefor, and [seal] Edwin Z. H olland, within ten days after service of this the services connected therewith, shall Secretary. Order, or if notice is filed and answer is be the rates per great circle aircraft mile [PR Doc.73-20161 Filed 9-21-73;8:45 am] not filed within 30 days after service of based on five round trips per week as set this Order, all persons shall be deemed to forth below:

[Docket No. 25119 etc.; Order 73-9-51] Agreement LATA .... C.A.B. No. Title Application SEDALIA, MARSHALL, BOONVILLE STAGE 23798 LINE, INC. R -2 ...... 005a...... ■ . Procedures for Changes to Rates and Conditions within Scandinavia 2 Service Mail Rates; Order To Show Cause (NEW). R -4 ...... 501...... Minimum Charges for Cargo (Revalidatine and Amending)...... 2 September 12, 1973. R -5 ...... 521c...... Shipper Packed Unit Rates (N EW )------...... 2 Dockets Nos. 25119, 25120, 25121, 25122, R -7___...... 690...... ___ Rpeeifie Commodity Rates Board (Revalidating and Amending)------2 25123, 25124, 25125, 25126, 25127, 25128, 25131, 25133, 25134, 25269, 25270, 25271, This order will be published in the F ederal R e g is t e r . 25285, 25286. [ s e a l ] E d w in Z . H o l l a n d , Final service mail rates per great cir­ Secretary. cle aircraft mile for the transportation [FR Doc.73-20162 Filed 9-21-73;8:46 am] of mail by aircraft as shown by the Ap­ pendix were established by the Board COMMISSION ON CIVIL RIGHTS This meeting will be conducted pursu­ and are currently in effect for Sedalia, ant to the rules and regulations of the CONNECTICUT STATE ADVISORY Marshall, Boonville Stage Line, Inc. (Se­ Commission. dalia) , an air taxi operating pursuant to COMMITTEE 14 CFR, Part 298. Agenda and Notice ofOpen Meeting Dated a Washington, D.C., September As set forth in the Appendix,® Sedalia 17,1973. Notice is hereby given, pursuant to I saiah T. Creswell, Jr., petitioned the Board to reopen its cur­ the provisions of the rules and regula­ Advisory Committee rent service mail rates and fix new final tions of the U.S. Commission on Civil Management Officer. Rights, that a planning meeting of the service mail rates per great circle air­ [FR Doc.73-20267 FUed 9-21-73;8:45 am] craft mile. Connecticut State Advisory Committee to this Commission will convene at 8:00 On July 11, 1973, the Postal Service p.m. on September 26, 1973, at the H oli­ INDIANA STATE ADVISORY COMMITTEE filed a late reply with petition to the day Tnn, 900 East Main Street, Meriden, Board for leave to file a late document, Connecticut 06450. Agenda and Notice of Open Meeting which is granted. The reply stated that Persons wishing to attend this meeting Notice is hereby given, pursuant to the parties had come to an agreement should contact the Committee Chairman the provisions of the rules and regula­ and supported the rates set forth in the or the Northeastern Regional Office of tions of the U.S. Commission on Civil Appendix. the Commission, Room 1639, 26 Federal Rights, that a planning meeting of the Plaza, New York, New York 10007. Indiana State Advisory Committee to It is in the public interest to fix, deter­ this Commission will convene at 9 a.m. mine, and establish the fair and reason­ The purpose of this meeting shall be to on Septembr 29,1973, at the Holiday Inn, able rate of compensation to be paid by receive status reports from all Connecti­ 800 East 81 Avenue, Merrillville, Indiana the Postmaster General for the proposed cut State Advisory Committee Subcom­ 46410. transportation of mail by aircraft, the mittees. Persons wishing to attend this meeting facilities used and useful therefor, and should contact the Committee Chair­ the services connected therewith, be­ man, or the Midwestern Regional Office i As this Order to Show Cause is not a of the Commission, Room 1428,219 South tween the aforesaid points. Upon con­ final action, it is not regarded as subject to Dearborn Street, Chicago, Illinois 60604. sideration of the petition and other mat- the review provisions of 14 CFR, Part 385. These provisions will apply to final action The purpose of this meeting shall be taken to by the staff under authority dele­ (1) to review a proposal to conduct a * Filed as part of original document. gated in § 385.16(g). study on the Migrant labor force in In-

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 ‘ 26630 NOTICES diana and (2) to discuss current develop­ CIVIL SERVICE COMMISSION ments regarding conditions in Indiana prisons. VETERINARIAN, WORLDWIDE This meeting will be conducted pur­ Notice of Establishment of Minimum Rates and Rate Ranges suant to the Rules and Regulations of Under authority o f 5 U.S.C. 5303 and Executive Order 1121, the Civil Service the Commission. Commission has increased special minimum salary rates and rate ranges as Dated at Washington, D.C., Septem­ follow s: ber 17,1973. GS-701 VETERINARIAN I saiah T. Creswell, Jr., Geographic coverage: World-wide Advisory Committee Effective date: First day of the first pay period beginning on or after September 30,1973 M anagement Officer. (Per Annum Rates) [FR Doc.73-20268 Filed 9-21-73;8:45 am] Grade...... 123456789 10 GS-9...... $13,162 $13,549 $13,936 $14,323 $14,710 $15,097 $15,484 $15,871 $16,258 $16,645 MAINE STATE ADVISORY COMMITTEE Agenda and Notice of Open Meeting All new employees in the specified oc­ of restraint applicable to this category Notice is hereby given, pursuant to cupational level will be hired at the for the preceding twelve-month period. the provisions of the rules and regula­ minimum rates. There is* published below a letter of tions of the UJ5. Commission on Civil As of the effective date, all agencies September 19, 1973, from the Chairman Rights, that a planning meeting of the will process a pay adjustment to increase of the Committee for the Implementation Maine State Advisory Committee to this the pay of employees on the roles in the o f Textile Agreements to the Commis­ Commission will convene at 7:00 p.m. on affected occupational level. An employee sioner of Customs, directing that the September 25, 1973, at the Newman who immediately prior to the effective amount of cotton textile products in Center, Orono, Maine 04473. date was receiving basic compensation Category 53, produced or manufactured Persons wishing to attend this meeting at one of the statutory rates shall re­ in Costa Rica, which may be entered or should contact the Committee Chairman, ceive basic compensation at the cor­ withdrawn from warehouse for consump­ or the Northeastern Regional Office of responding numbered rate authorized by tion in the United States for the twelve- the Commission, Room 1639, 26 Federal this notice on or after such date. The pay month period beginning October 1, 1973, Plaza, New York, New York 10007. adjustment will not be considered an be limited to 32,414 dozen. The purpose of this meeting shall be equivalent increase within the meaning Seth M. B odner, to conduct the 1973 annual meeting of of 5 U.S.C. 5335. Chairman, Committee for the the Maine State Advisory Committee at Under the provisions of section 3-2b, Implementation of Textile which time there will be a review of all Chapter 571, FPM, agencies may pay Agreements, and Deputy As­ Committee activities held during the the travel and transportation expenses sistant Secretary for Re­ past twelve months. to first post of duty under 5 U.S.C. 5723, sources and Trade Assistance. This meeting will be conducted pur­ of new appointees to positions cited. Committee: fob th e I mplementation of suant to the rules and regulations of the T extile A greements United States Civil Serv­ Commission. Commissioner of Customs, Dated at Washington, D.C., Septem­ ice Commission, Department of the Treasury, ber 17,1973. [ seal] James C. S pry, Washington, D.C. Executive Assistant to September 19, 1973. Isaiah T. Creswell, Jr., the Commissioners. * D ear Mr . C ommissioner: Under the terms Advisory Committee of the Long-Term Arrangement Regarding Management Officer. (T h is special rate schedule for computer International Trade in Cotton Textiles done [FR Doc.73-20269 Filed 9-21-73;8:45 am] purposes is designated as Table No. 400.) at Geneva on February 9, 1962, including [FR Doc.73-20210 Filed 9-21-73;8:45 am] Article 6(c) thereof relating to non-partici­ pants, and in accordance with the procedures PENNSYLVANIA STATE ADVISORY of Executive Order 11651 of March 3, 1972, COMMITTEE COMMITTEE FOR THE IMPLEMEN­ you are directed to prohibit, effective Octo­ TATION OF TEXTILE AGREEMENTS ber 1, 1973 and for the twelve-month period Agenda and Notice of Open Meeting extending through September 30, 1974, entry Notice is hereby given, pursuant to the CERTAIN COTTON TEXTILE PRODUCTS into the United States for consumption and provisions of the rules and regulations PRODUCED OR MANUFACTURED IN withdrawal from warehouse for consumption of the U.S. Commission on Civil Rights, COSTA RICA of cotton textile products in Category 53, that a meeting of the Pennsylvania State produced or manufactured in Costa Rica, in Entry or Withdrawal From Warehouse for excess of a level of restraint for the period Advisory Committee will convene at 2:00 Consumption p m . on September 25, 1973, in Room of 32,414 dozen. 1244, Treaty Room, 6 Penn Center, Phila­ September 19, 1973. In carrying out this directive, entries of delphia, Pennsylvania 19103. On September 17, 1973, the United cotton textile products in Category 53, pro­ Persons wishing to attend this meeting States Government in furtherance of the duced or manufactured in Costa Rica, which should contact the Committee Chairman, objectives of, and under the terms of, the have been exported to the United States from or the Mid-Atlantic Regional Office of Long-Term Arrangement Regarding In­ Costa Rica prior to October 1, 1973, shall, to the Commission in Room 510, 2120 L ternational Trade in Cotton Textiles, the extent of any unfilled balances, be Street NW., W ashington, D.C. 20425. charged against the level of restraint estab­ The purpose of this meeting shall be done at Geneva on February 9, 1962, in ­ lished for such goods during the period Octo­ to discuss the role and functions of the cluding Article 6(c) thereof relating to ber 1, 1972 through September 30, 1973. In State Advisory Committees, and to dis­ nonparticipants, informed the Govern­ the event that the level of restraint estab­ cuss proposed programs to be undertaken ment of Costa Rica that it was renewing lished for that period has been exhausted by by the Pennsylvania State Advisory Com­ for an additional twelve-month period previous entries, such goods shall be subject mittee during the balance o f FY ’74. This meeting will be conducted pur­ beginning October 1, 1973 and extending to the level set forth in this letter. suant to the Rules and Regulations of through September 30,1974, the restraint A detailed description of Category 53 in the Commission. on imports into the United States of cot­ terms of TSUSA numbers was published in ton textile products in Category 53, pro­ the Federal Register on April 29, 1972 (37 FR Dated at Washington, D.C., Septem­ 8802), as amended on February 14, 1973 (38 ber 13,1973. duced or manufactured in Costa Rica. FR 4436). I saiah T. Creswell, Jr., Pursuant to Annex B, paragraph 2, of in carrying out the above directions, entry Advisory Committee the Long-Term Arrangement, the level into the United States for consumption shall Management Officer. of restraint for this twelve-month period be construed to include entry for consump­ [FR Doc.73-20117 Filed 9-21-73;8:45 am] is five (5) percent greater than the level tion into the Commonwealth of Puerto Rico.

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 NOTICES 26631

The actions taken with respect to the Gov­ [Docket No. RP74-18] poses to sell approximately 60,000 Mcf of gas per month at 45.0 cents per Mcf at ernment of Costa Rica and with respect to ARKANSAS LOUISIANA GAS CO. imDorts of cotton textiles and cotton textile 14.65 psia. nroducts from Costa Rica have been deter­ Notice of Proposed Changes in FPC Gas It appears reasonable and consistent mined by the Committee for the Implementa­ Tariff with the public interest in this case to timi of Textile Agreements to involve foreign prescribe a period shorter than 15 days affairs functions of the United States. There- September 18, 1973. f0re the directions to the Commissioner of Take notice that Arkansas Louisiana for the filing of protests and petitions to Customs, being necessary to the implementa­ Gas Company (Arkansas), on August 30, intervene. Therefore, any person desir­ tion of such actions, fall within the foreign 1973, tendered fo r filing proposed ing to be heard or to make any protest affairs exception to the rule-making provi­ changes in its FPC Gas Tariff Original with reference to said application should sions of 5 U.S.C. 553. This letter will be pub­ Volume No. 3. According to Arkansas, on or before October 15, 1973, file with lished in the F ederal R egister. the proposed changes would increase the Federal Power Commission, Wash­ Sincerely, ington, D.C. 20426, a petition to inter­ Seth M. B odner, revenues from jurisdictional sales and Chairman, Committee for the Im­ service by approximately $330 based on vene or a protest in accordance with the plementation of Textile Agree­ the 12 month period ending Septem­ requirements of the Commission’s rules ments, and Deputy Assistant Sec­ ber 30,1974, as adjusted. o f practice and procedure (18 CFR 1.8 retary for Resources and, Trade As­ Arkansas states that the reason for the or 1.10). All protests filed with the Com­ sistance. proposed changes are that a routine mission will be considered by it in deter­ [FR Doc.73-20305 Filed 9-21-73;8:45 am] periodic price escalation has occurred mining the appropriate action to be taken under a field sale contract covering small but will not serve to make the protestants FEDERAL POWER COMMISSION volumes of gas attributable to minor parties to the proceeding. Any person interests in wells in the Bryans Mill wishing to become a party to a proceed­ [Docket No. E—8360] Field, Cass County, Texas. ing or to participate as a party in any ALABAMA POWER CO. Any person desiring to be heard or to hearing therein must file a petition to protest said application should file a peti­ intervene in accordance with the Com­ Notice of Filing of Petition for Declaratory ' tion to intervene or protest with the mission’s rules. Order Federal Power Commission, 825 North Take further notice that, pursuant to September 18, 1973. Capitol Street NE., Washington, D.C. the authority contained in and subject Take notice that on August 13, 1973, 20426, in accordance with § § 1.8 and 1.10 to the jurisdiction conferred upon the Alabama Power Company (Petitioner) of the Commission’s rules of practice and Federal Power Commission by sections 7 petitioned the Commission pursuant to procedure (18 CFR 1.8, 1.10). All such and 15 of the Natural Gas Act and the sections 202, 205, 206, 307 and 309 o f the petitions or protests should be filed on Commission’s rules of practice and pro­ Federal Power Act and § 1.7(c) of the or before October 2, 1973. Protests will cedure, a hearing will be held without regulations issued thereunder, to issue a be considered by the Commission in further notice before the Commission on declaratory order adjudicating a con­ determining the appropriate action to be this application if no petition to inter­ troversy between petitioner and Alabama taken, but will not serve to make pro­ vene is filed within the time required Electric Cooperative (Cooperative) over testants parties to the proceeding. Any herein, if the Commission on its own re­ proper calculation of the fuel cost ad­ person wishing to become a party must view of the matter finds that a grant of justment factor provided for in the inter­ file a petition to intervene. Copies of this the certificate is required by the public connection agreement between the application are on file with the Commis­ convenience and necessity. If a petition parties, accepted for filing June 22, 1972 sion and are available for public inspec­ for leave to intervene is timely filed, or and designated FPC Rate Schedule No. tion. if the Commission on its own motion be­ 133. The dispute pertains to controverted lieves that a formal hearing is required, K enneth F. Plumb, further notice of such hearing will be inclusion of a transmission loss factor in Secretary. fuel cost adjustment computations, with duly given. petitioner claiming proper entitlement to [FR Doc.73-20229 Filed 9-21-73:8:45 am] Under the procedure herein provided $755.97 witheld by the Cooperative upon for, unless otherwise advised, it will be its own recalculation of fuel adjustment [Docket No. CI74r-169] unnecessary for Applicant to appear or unit price for electric service rendered be represented at the hearing. ATLANTIC RICHFIELD CO. in June, 1973. Petitioner asks the Com­ K enneth F. P lumb, mission to take jurisdiction herein and Notice of Application Secretary. set this matter for hearing to determine September 18, 1973. [PR Doc.73—20237 Filed 9-21-73;8:45 am] matters raised hereby. Any person wishing to be heard or to Take notice that on September 10, make any protests with reference to this 1973, Atlantic Richfield Company (Ap­ [Docket No. CP73-307] petition should on or before October 10, p lican t), P.O. B ox 2819, Dallas, Texas 1973, file with the Federal Power Com­ 75221, filed in Docket No. CI74-169 an BROCKTON TAUNTON GAS CO. mission, Washington, D.C. 20426, peti­ application pursuant to section 7(c) of Order Amending Order Authorizing tions or protests in accordance with the the Natural Gas Act for a certificate Importation of Liquefied Natural Gas of public convenience and necessity au­ requirements of the Commission’s rules September 14, 1973. of practice and procedure (18 CFR 1.8 or thorizing the sale for resale and deliv­ 1.10). All protests filed with the Com­ ery of natural gas in interstate commerce On August 10,1973, Brockton Taunton mission will be considered by it in to El Paso Natural Gas Company from Gas Company (Petitioner) filed in Docket determining the appropriate action to acreage in Pecos County, Texas, all as No. CP73-307 a petition to amend the or­ be taken but will not serve to make pro­ more fully set forth in the application der authorizing the importation of lique­ testants parties to the proceeding. Per­ Which is on file with the Commission and fied natural gas (LNG) pursuant to sec­ sons wishing to became parties to a pro­ open to public inspection. tion 3 of the Natural Gas Act by ex­ ceeding or to participate as . a party in Applicant states that it commenced tending the time in which Petitioner may any hearing therein must file petitions the sale of gas on August 30,1973, within import LNG purchases from Gaz Métro­ to intervene in accordance with the the contem plation o f § 157.29 o f the reg­ politain, Inc., Montreal, P.Q., Canada, Commission’s rules. This petition is on ulations under the Natural Gas Act (18 all as more fully set forth in the petition file with the Commission and is available CFR 157.29) and proposes to continue to amend which is on file with the Com­ for public inspection. said sale for two years from the end of mission and open to public inspection. the sixty-day emergency period within Petitioner was authorized by order is­ K enneth F. P lumb, the contemplation of § 2.70 of the Com­ sued July 31, 1973, in the instant docket Secretary. mission’s General Policy and Interpre­ to import 4,583,440 U.S. gallons o f LNG [FR Doc.73-20238 Filed 9-21-73;8:45 am] tations (18 CFR 2.70). Applicant pro­ at 12.742 cents per U.S. gallon, equivalent

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 26632 NOTICES

to approximately 400 billion Btu at a [Docket No. E-8377] Any person desiring to be heard or to price of $1.46 per million Btu between CONSOLIDATED EDISON CO. protest said application should file a June 15, 1973, and September 15, 1973. petition to intervene or protest with the As a result of a delay in commence­ Notice of Termination Federal Power Commission, 825 North ment of deliveries, Petitioner now pro­ September 18, 1973. Capitol Street NE., Washington, D.C. poses to complete the authorized impor­ Take notice that oh August 28, 1973, 20426, in accordance with sections i.8 tation and to transport said quantities of Consolidated Edison Company of New and 1.10 o f the Commission’s rules of LNG to its storage facilities at Easton, York, Inc. (Consolidated) tendered for practice and procedure (18 CFR 1.8 Massachusetts, by October 31, 1973, in filing notice that its Rate Schedule 1.10). All such petitions or protests lieu o f the September 15, 1973, deadline. F.P.C. No. 26, effective April 30, 1972, should be filed on or before Septem­ The Commission finds terminated on October 28,1972. ber 24, 1973. Protests will be considered Consolidated states that pursuant to by the Commission in determining the It is necessary and appropriate in car­ appropriate action to be taken, but will rying out the provisions of the Natural section 3 of the Rate Schedule, its term ended on October 28, 1972. not serve to make protestants parties to Gas Act and to amend the order author­ the proceeding. Any person wishing to izing the importation of liquefied natural Any person desiring to be heard or to become a party must file a petition to gas as hereinafter ordered. protest said application should file a pe­ intervene. Copies of this application are tition to intervene or protest with the The Commission orders on file with the Commission and are Federal Power Commission, 825 North available for public inspection. (A) The order authorizing the impor­ Capitol Street NE., Washington, D.C. tation of liquefied natural gas in Docket 20426, in accordance with §§ 1.8 and 1.10 K enneth F. Plumb, No. CP73-307 is amended by extending of the Commission’s rules of practice Secretary. the term of the authorization from Sep­ and procedure (18 CFR 1.8, 1.10). All [FR Doc.73-20225 Filed 9-21-73;8:45 am] tember 15, 1973, to October 31, 1973. such petitions or protests should be filed (B) In all other respects said order on or before October 2,1973. Protests will shall remain in full force and effect. be considered by the Commission in de­ [Docket No. E-8314] termining the appropriate action to be DUKE POWER COMMISSION By the Commission. taken, but will not serve to make Pro­ Notice of Application [ seal] K enneth F. Plumb, testants partis to the proceeding. Any Secretary. person wishing to become a party must S eptember 18,1973. [FR Doc.73-20239 Filed 9-21-73;8:45 am] file a petition to intervene. Copies of .this Take notice that on July 12, 1973, application are on file with the Commis­ Duke Power Company (Applicant) ten­ sion and are available for public dered for filing, pursuant to Section 205 COLORADO INTERSTATE GAS CO. inspection. of the Federal Power Act and Part 35 of Notice of Proposed Changes in Service K enneth F. P lumb, the regulations issued thereunder, a Agreements Secretary. Supplemental Contract dated June 20, [FR Doc.73-20230 Filed 9-21-73;8:46 am] 1973, to an original contract and supple­ September 19, 1973. ment thereto with the United States Take notice that Colorado Interstate Government acting by and through the Gas Company, a division of Colorado [Docket No. RP72-157] Southeastern Power Administration. The Interstate Corporation (CIG), on Au­ CONSOLIDATED GAS SUPPLY CORP. original contract dated December 16, gust 30, 1973, tendered for filing 16 re­ 1963 was designated Rate Schedule FPC vised service agreements between CIG Notice of Proposed Changes in Rates and No. 130 and took effect December 20, and certain of its existing jurisdictional Charges 1963, while the supplement thereto was customers. These revised service agree­ S eptember 17,1973. designated Supplement No. 2 to Rate ments provide for various changes in Take notice that Consolidated Gas Schedule FPC No. 130 and became effec­ peak day demand and annual or seasonal Supply Corporation (Consolidated), on tive November 20,1966. The Supplemen­ volumes, plus other minor revisions, to August 27, 1973, tendered fo r filing pro­ tal Contract notice hereby extends the become effective on October 1, 1973. posed changes in its FPC Gas Tariff, present expiration date for five years to Copies o f the filing were mailed to each First Revised Volume No. 1, pursuant to midnight, July 20,1978, effective July 20, of the customers for which a revised its PGA clause which provides for in­ 1973. service" agreement was filed. creased rates to become effective Octo­ Any person wishing to be heard or to Any person desiring to be heard or to ber 1, 1973. The proposed rate increase make any protests with reference to such protest said filing should file a petition would, generate approximately $710,000 Application should, on or before Octo­ to intervene or protest with the Federal in additional jurisdictional revenues, ber 5, 1973, file with tile Federal Power Power Commission, 825 North Capitol annually. Commission, Washington, D.C. 20426, petitions or protests in accordance with Street NE., Washington, D.C. 20426, in Consolidated states that the proposed accordance with §§ 1.8 and 1.10 o f the the requirements of the Commission’s rates reflect an increase in rates from rules of practice and procedure (18 CFR Commission’s rules of practice and pro­ Transcontinental Gas Pipe Line Corpo­ cedure (18 CFR 1.8, 1.10). All such pe­ 1.8 or 1.10). All protests filed with the ration (Transco), filed on August 15, Commission will be considered by it in titions or protests should be filed on or 1973, to become effective October 1,1973. bfore September 24, 1973. Protests will determining the appropriate action to Consolidated states further that since it be taken but will not serve to make the be considered by the Commission in de­ did not receive notice of Transco’s in­ termining the appropriate action to be protestants parties to the proceeding. crease in sufficient time to make a timely Persons wishing to become parties to a taken, but will not serve to make Pro­ filing, it is requesting a waiver of the 45- testants parties to the proceeding. Any proceeding or to participate as a party day notice requirement of rate change in any hearing therein must file petitions person wishing to. become a party must contained in its PGA clause and any file a petition to intervene. Copies of this to intervene in accordance with the other of the Commission’s rules and reg­ Commission’s rules. The Application is filing are on file with the Commission ulations as may be required to permit on file with the Commission and is avail­ and are available for public inspection. the proposed rates to become effective able for public inspection. on October 1,1973. K enneth F. Plumb, Copies of the filing were served upon K enneth F. Plumb, Secretary. Consolidated’s jurisdictional customers, Secretary. [FR Doc.73-20226 Filed 9-21-73;8:45 am] and interested state commissions. [FR Doc.73-20240 Filed 9-21-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 NOTICES 26633

[Docket N. R-463] Harrington claims Order No. 487 is not workpapers to be filed reflect the data in the public interest and will result in on the specific statements required by FILING o f e l e c t r i c s e r v ic e t a r if f prolonged rate cases. Congressman Har­ § 35.13b(iii) and (ill) of the regulations, r CHANGES rington also urged consideration of the therefore further detail is not required. Order Denying Applications for Rehearing alternative proposal filed by APPA on If further information is required it may be obtained through discovery. September 14, 1973. June 5,1973. In Order No. 487 we stated that the Cities contend that the holding in On July 17, 1973, the Commission is­ goal of the future test period is to enable “Mobil Oil Corp. v. F.P.C.,” (Slip Opin­ sued Order No. 487 amending § 35.13 o f us to determine rates for the future based ion No. 72-1471) (July 11, 1973) (Mobil) its Regulations under the Federal Power on the costs of service during the period makes our issuance o f Order No. 487 Act to require, inter alia, all electric in which the rates are in effect. To the somehow invalid and violative of due utilities that apply for rate increases to extent the applications for rehearing process. Based upon our review of Mobil file unadjusted cost of service data for object to the principle of a future test we do not agree with Cities contention the most recent twelve consecutive period they raise no issues or facts not and believe due process has been af­ months of actual experience (Period I) previously considered or warrant modi­ forded. In “Mobil” the Court was faced and to file estimated cost data for any fication of Order No. 487. with a rulemaking proceeding in which twelve consecutive month period begin­ As to the contention that the test pe­ a rate was established. Here, no rate has ning after period I but no later than the riod in Order No. 487 is different than been established, only filing require­ date on which the new rates become ef­ the test period in Order No. 488, we agree. ments have been changed and a new test fective (Period II). Period n is the test What is important however is that in period designated. period and is voluntary for electric util­ substantive import the test periods are. Contrary to the assumption of Cities, ities with applications for increases less similar. Under the Natural Gas Act, we (Application Page 10) there is no re­ than one million dollars. In addition, have jurisdiction to certificate new plant quirement in section 553 o f the Adminis­ Order No. 487 requires that electric facilities and therefore the issue as to trative Procedure Act or in “Mobil” utilities file workpapers in support of its new facilities is an issue before us in a which requires the Commission to hold case. certificate proceeding. Therefore, a fu­ a hearing or permit cross examination or Order No. 487 was issued as a result of ture test period as set forth in Order No. oral argument when the Commission is the notice of proposed rulemaking in 487 would be improper for gas pipelines establishing a procedural rule of general Docket No. R-463 (37 FR 28195 Decem­ since it would be tantamount to pre­ applicability such as Order No. 487.1 ber 21, 1972) requesting comments on judgment of Commission action on cer­ Cities claim that Order No. 487 will be the proposal. tification of the facilities. On the other detrimental to wholesale customers and On August 16, 1973, Consumer Owned hand, we have no jurisdiction under that such customers have thereby been Systems (Consumers) 1 and the American Parts n and m of the Federal Power Act harmed is unsubstantiated and without Public Power Association (APPA) filed to certificate electric plant facilities and merit. Cities also argues that the Com­ separate applications for rehearing of therefore do not have the same con­ mission is required to give the opportun­ Order No. 487.2 Consumers and APPA straint on data we may consider in de­ ity to show “the impossibility of private allege that the Commission has not termining just and reasonable rates. electric companies making accurate fu­ shown how Order No. 487 will meet the Moreover, the existing regulations ture estimates.” (Application Page 12). objections set forth in that order; the under the Natural Gas Act preclude in­ Cities will have the opportunity to make Commission made no attempt to explain clusion of non-certiflcated facilities in such a showing in the context of a rate how the departure from actual cost rate­ rate base. There is no such limitation in increase filing. making will lead to data better suited the Regulations under the Federal Power Some applicants question the reference for determining rates; the rulemaking Act since we have no certification au­ to “El Paso Natural Gas Company v. will facilitate a price squeeze by a thority over electric facilities. F.P.C.,” 5 in our prior order and its appli­ utility; the rulemaking is inconsistent cability to this proceeding. That case was with the Phase IV of the Economic Sta­ The argument that use of future test cited only for the proposition that the bilization Program; the differences be­ period data is contrary to court prefer­ test period approach to rulemaking has ence for actual data misconceives the tween Order No. 488 issued on July 17, been affirmed and that the formulation 1973, in Docket No. Rr-464 as to utilizing the essence of the rulemaking. By requir­ ing actual and estimated data to be filed of a test period is a matter within the year end rate base for natural gas as Commission’s discretion and is not to be companies and Order No. 487 discrimi­ we provide for a means by which esti­ nates against wholesale customers of mates can be compared to actual ex­ overturned unless it plainly contravenes electric utilities; the order established perience in arriving at the rates to be the statutory scheme. no guidelines for the future test period set for the future. In addition, as we Arguments raised in the applications data. noted in the order, the burden is on the for rehearing not considered above raise applicant to support the estimated costs. Also on August 16, 1973, the Cities of If such estimates can be shown through no new issues or facts not previously Bedford, et al., (Cities) 8 filed an applica­ discovery or cross-examination to be ex­ considered or which warrant modifica­ tion for rehearing of Order No. 487. In cessive, too speculative or conjectural, tion o f the prior order. support of their application Cities main­ their appropriateness will be questioned. The Commission finds tain that the regulations under Order None of the cases cited by APPA or Con­ No. 488 (the Natural Gas A ct) and Order For the reasons set forth above the sumers hold that fully supported cost Applications for Rehearing by APPA, No. 487 (Federal Power Act) are not estimates cannot be used in ratemaking. “essentially the same”; the Commis­ Consumers, Cities and Congressman APPA and Consumers allege that the sion’s assurance of due process .safe­ Harrington should be denied. guard are without merit; the legal au­ future test period- will facilitate price thority for use of future test period data squeezes. Such an issue, if raised by a The Commission orders Is doubtful; and Order No. 487 violates filing, cannot be dealt with summarily in The above described Applications for due process principles. a rulemaking and would require develop­ Rehearing are denied. ment at an evidentiary hearing. In addition, on August 16, 1973, Con­ By the Commission. gressman Michael J. Harrington filed The manner in which estimates are to a formal application for rehearing. In be filed is set forth in Order No. 487 [ seal] K enneth F. P lumb, support of his application Congressman (mimeo page 9) along with workpapers. Secretary. We see no reason to dictate by what [FR Doc.73-20259 Filed 9-21-73;8:45 am] method estimates will be determined 1 See Appendix A for list of consumer since we believe this is a question of fact owned systems. * CF. Phillips Petroleum Co. V. FP.C., 475 2 Both applications are, In substantial part, to be developed in a hearing. As to the identical. claim that a detailed description of F2d 842 (10th Cir. 1973). s 449 F.2d 1245 (CA5 1971 > * See Appendix for other cities. workpapers is required, we disagree. The

FEDERAL REGISTER, V O L 38, N O . 184— M O N D A T, SEPTEMBER 24, 1973 26634 NOTICES

[Docket No. R-464] Statement G and the associated pur­ cord with the Commission’s order issued FILING OF NATURAL GAS TARIFF chased gas costs under Schedule H (l)- November 5, 1968 (Opinion No. 550 in CHANGES 3 of Statement H. In preparing its esti­ Docket No. E-7257), excepting the mated test year sales and purchased gas Order Denying Rehearing parties’ agreement to (1) certain modi­ cost it is necessary for the pipeline com­ fications of physical facilities, and (2) September 14, 1973. pany to determine where it has the flexi­ exclusion of any provision permitting re­ On August 16, 1973, El Paso Natural bility to increase takes under certain covery of annual costs of frequency Gas Company (El Paso) filed a petition contracts and cut back on others. We regulation for Applicant’s control area seeking rehearing of our Order No. 488, recognize that contractual provisions are Applicant additionally files letters of issued in Docket No. R-464 on July 17, not always controlling since capacity commitment for limited term purchases 1973. limitations as well as the existence of o f firm power by the Cities o f Wauchula , El Paso requests that the Commission other pipelines in the area are important (1,500 kw for the period commencing renotice its requirements set out in para­ considerations. What we are requiring June 25, 1973, and terminating Septem­ graph 4 of revised Statement O. El Paso in Statement O is an explanation of the ber 30, 1974), Tallahassee (from 40,000 states that in Order No. 488, the Com­ level of takes under individual contracts to 50,000 kw for the period May 1,1975 to mission imposed new requirements which during different times of the year as re­ October 1,1975; from 75,000 to 90,000 kw were not specified in the notice of pro­ flected in other portions of the filing. As for the period April 1,1976, to March 31 posed rulemaking and which impose an regards the additional point of clarifica­ 1977; 130,000 kw for the period from thé additional burden on the Company. Spe­ tion raised by El Paso, the ordering lan­ later of the commercial operation date of cifically, El Paso objects to the require­ guage of R-488 presents the correct re­ the New Hopkin’s No. 2 Generating Unit ment that the digest of contractual pro­ quirement as to which contracts must be or April 1, 1977, to March 31, 1978; and visions with individual producers include reported. The requirement is that all 90,000 kw for the period from April 1, “estimated peak day deliverability for re­ contracts with producer suppliers who 1978, to March 31,1979), and Kissimmee serves dedicated under each contract as deliver in excess of 1.0 billion cubic feet and St. Cloud (10,000 kw from February well as contemplated swings between annually must be reported. 15, 1973 to May 1, 1974). sources o f supply” . (Order No. 488, p. 17.) Finally, El Paso requests a postpone­ Applicant files a contract dated Oc­ El Paso also seeks clarification of re­ ment of the effective date of our Order tober 10, 1972, supplemental to Rate vised Statement O as regards which con­ No. 488 to afford the affected parties a Schedule FPC No. 70, providing for the tracts must be reported—all contracts reasonable period of time to develop the sale by Tampa Electric Company of 200 with a producer who supplies over 1.0 new information and to permit action megawatts of firm capacity from April 1, billion cubic feet (BCF) per year or only on the matters raised in its petition. As 1973, through September 30, 1973, and individual contracts for deliveries in ex­ we have stated, we fail to see how any December 1, 1973, through March 31, cess of 1 BCP per year. Also, El Paso pipeline company preparing a rate in­ 1974, the quantity o f the sale falling to has expressed concern about the mean­ crease filing would not have the re­ 100 megawatts for the intervening ing of the term “swing”, used in Order quested information available to it. period October 1, 1973, through Novem­ No. 488. Furthermore, we note that El Paso’s gen­ ber 30, 1973. Finally El Paso seeks a postponement eral rate increase filings in Docket No. Also tendered for filing are: of the effective date of Order No. 488 un­ RP73-104 and RP73-109 are not subject (1) An amendment dated Novem­ til January 1, 1974, to allow time for the to this rulemaking since they were filed ber 14, 1972, to Applicant’s interconnec­ reporting companies to prepare the data before July 17, 1973. We fa il to see the tion agreement with Tallahassee (Rate and to permit action on the matters justification for granting El Paso’s re­ Schedule FPC No. 70), providing for ad­ raised in its petition. . quest for an extension of the effective ditional facilities and establishment by We fail to see how paragraph (4) of date. negotiation o f démand charge for firm Statement O, as finally adopted, repre­ The Commission finds service; (2) a letter of commitment sents “an entirely new subject not set dated November 14, 1972, with Tallahas­ forth in the Commission notice of pro­ El Paso’s Application for Rehearing see for construction of additional 230 kv posed rulemaking * * *” (Petition pg. raises no new issues of fact or law not facilities; and, (3) an amendment dated 4). As El Paso correctly points out, we already considered by us or which would October 10,1972, to Applicant’s purchase indicated in the notice that we were warrant an amendment o f Order No. 488. contract with Tampa Electric Company seeking a digest of contractual provisions The Commission orders (Rate Schedule FPC No. 70), extending relative to pricing, volumes (both mini­ the term thereof until April 1, 1973. mum and maximum obligations) and El Paso’s Petition, filed on August 16, Any person wishing to be heard or to terms. Clearly, we expressed our intent 1973, is hereby denied. make any protests with reference to such to obtain as complete a compilation as By the Commission. Applications should, on or before Octo­ possible relative to volumes. An estimate ber 12, 1974, file with the Federal Power of peak day deliverability relates antici­ [seal] K enneth F. P lumb, Commission, Washington, D.C. 20426, pated operations to the contractual pro­ Secretary. petitions or protests in accordance with visions. This gives the Commission and [PR Doc.73-20260 Piled 9-21-73;8:45 am] the requirements of the Commission’s its staff a better understanding of the rules of practice and procedure (18 CFR pipeline company’s view of actual poten­ tial versus contractual entitlements. Ob­ [Docket No. E-8340] 1.8 or 1.10), All protests filed with the viously, it is meaningless to have con­ FLORIDA POWER CORP. Commission will be considered by it in tractual data which does not reflect the determining the appropriate action to Company’s anticipated operations as re­ Notice of Applications be taken but will not serve to make the flected in other portions of the rate S eptember 18, 1973. protestants parties to the proceeding. increase filing. Take notice that on July 27, 1973, Persons wishing to become parties to a El Paso also requests clarification of Florida Power Corporation (Applicant) proceeding or to participate as a party the term “swing” as used in Order No. tendered for filing, pursuant to Section in any hearing therein must file petitions 488. No meaningful analysis can be made 205 of the Federal Power Act and Part of the deliverability of a pipeline com­ 35 of the Regulations issued thereunder, to intervene in accordance with the pany without an analysis of the flexibil­ an interconnection agreement executed Commission’s Rules. The Application is ity afforded by individual contracts, and July 2,1973, with the City of Gainesville, on file with the Commission and is avail­ the shifts in takes under those contracts Florida pursuant to the Supreme Court’s able for public inspection. as reflected in the rate increase filing. ruling in “Gainesville Utilities Depart­ Pipeline companies are required by Sec­ ment v. Florida Power Corporation” , 402 K enneth F. P lumb, tion 154.63 o f the Regulations to file test U.S. 515 (1971). The provisions o f the Secretary. year sales volumes and revenues under agreement, to take effect July 2,1973, ac­ [FR Doc.73-20241 Filed 9-21-73;8:45 am]

B J — idb FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 NOTICES 26635

[Docket No. E-8008] for filing pursuant to section 205 of the (D) Economy Energy—priced on a Federal Power Act and Part 35 of the split-the-savings basis, Non-Displace- FLORIDA POWER & LIGHT CO. Commission’s rules, a Wholesale Electric men (surplus) Energy—negotiated rate, Notice of Extension of Time and Postpone­ Service Contract and original supple­ but not less than supplier’s incremental ment of Prehearing Conference ment thereto with Gulf Coast Electric cost plus 0.5 m ill/kW h. (E) Short-Term Firm Power—10tf/ September 14, 1973. Cooperative, dated May 30, 1973. Service kW per day or 50tf/kW per week, associ­ On September 13, 1973, Florida Power under the agreement commenced July 1, 1972, with a delivery voltage o f 46,000 ated energy is billed at 110 percent of & Light Company filed a motion for re­ out-of-pocket costs. vision of procedural dates as fixed by volts and capacity of 12,000 kVA. Any person wishing to be heard or to (F) Short-Term Non-Firm—8tf/kW order issued on May 31, 1973, in the per day or 40^/kW per week (less 8^/kW above-designated matter. The motion make any protests with reference to such Application should, on or before Sep­ per day up to 40 tf/kW Per week for each states that counsel for intervener joins kW curtailed by the supplier); associ­ in the request and that Staff Counsel has tember 28, 1973, file with the Federal Power Commission, Washington, D.C. ated energy is billed at 110 percent of no objection. , , 20426, petitions or protests in accord­ out-of-pocket costs. Upon consideration, notice is hereby Out-of-pocket costs are based on the given that the procedural dates are ance with the requirements of the Com­ mission’s rules of practice and proce­ costs of fuel, labor, maintenance and op­ modified as follows: dure (18 CFR 1.8 or 1.10). All protests eration supplies (including start-up costs, Prehearing Conference, September 20, 1973, filed with the Commission will be con­ if any), purchased energy, losses in 10:00 a.m., e.d.t. sidered by it in determining the appro­ transmission and transformation, in­ Intervenors’ Testimony and Exhibits» Octo­ priate action to be taken but will not cluding all other factors that are a part ber 1,1973. ' x /•' ' _ FP&L's Rebuttal Testimony, October, 15, serve to make the protestants parties to of incremental costs. The proposed agreement contains a tax 1973. , m , the proceeding. Persons wishing to be­ Cross-examination, October 23, 1973, 10:00 come parties to a proceeding or to par­ clause and provision for interest to ac­ a.m., e.d.t. ticipate as a party in any hearing therein crue on past due amounts at a rate equal K enneth F. Plumb, must file petitions to intervene in accord­ to the prime rate of Continental Illinois Secretary. ance with the Commission’s rules. The National Bank and Trust Company of [FR Doc.73-20242 Filed 9-21-73:8:45 am] Application is on file with the Commis­ Chicago. sion and is available for public inspection. As maintenance energy was billed at 110 percent o f ou t-of-pock et cost?, the [Project No. 1218] K enneth F. Plumb, Secretary. added 10 percent was about .53 mill/kW GEORGIA POWER CO. with respect to the sale by CIL, while [FR Doc.73-20244 Filed 9-21-73:8:45 ami the added 10 percent was about 1.3 mills/ Notice of Issuance of Annual License kWh with respect to the sale by IP. In September 14, 1973. [Docket No. E-8153] light of such difference, IP was requested On February 26, 1970, Georgia Power to explain the cost basis of the 10 percent Company, Licensee for Flint River Proj­ ILLINOIS POWER CO. adder. IP responded that the 10 percent ect No. 1218 located on Flint River in Order Accepting for Filing and Suspending adder was designed to cover administra­ Dougherty and Lee Counties, Georgia, Rates tive costs and provide a reasonable mar­ near the City of Albany, filed an appli­ gin of profit. IP further stated that vari­ September 17, 1973. ations in out-of-pocket costs are antic­ cation for a new license under § 15 of Illinois Power Company (IP) by let­ the Federal Power Act and Commission ipated but that over an extended period regulations thereunder (§§ 16.1-16.6). ter dated April 18, 1973, submitted for of time, out-of-pocket costs should reflect filing an Interconnection Agreement average costs. In the case of the cited The license for Project No. 1218 was dated March 30, 1973, between itself issued effective January 1, 1933, for a sale of maintenance energy, IP explained and Central Illinois Light Company that forced outages of large generating period ending September 16, 1971. In (CILCO). Said filing was completed on order to authorize the continued opera­ units resulted in abnormally high costs. August 16,1973. The tendered filing pro­ The Commission is unable to accept as tion of the project pursuant to section 15 vides an increase in the rate for emer­ of the Act pending completion of Li­ sufficient IP’s support for the 10 percent gency energy and revises other services adder. The Commission therefore, deems censee’s application and Commission’s classifications and the rates and charges action thereon, it is appropriate and in it appropriate to suspend the tendered therefore. filing for 1 day and order a hearing the public interest to issue an annual The proposed agreement provides for license to Georgia Power Company for to determine the validity of the proposed IP and CILCO to each maintain reserve addition of 10 percent to out-of-pocket continued operation and maintenance of capacity of at least (1> 15 percent of Project No. 1218. costs as provided in the tendered rate such party’s highest adjusted demand, or filings. Take notice that an annual license is- (2) 50 percent of the accredited capacity issued to Georgia Power Company (Li­ of such party’s largest single generating The Commission finds censee) under section 15 of the Federal source, or (3) 50 percent of such party’s (1) It is necessary and proper and in Power Act for the period September 17, largest non-firm power purchase, which­ the public interest for the enforcement 1973, to September 16,1974, or until Fed­ ever is greater. The proposed agree­ of the provisions of the Federal Power eral takeover, or the issuance of a new ment incorporates Service Scheduled A Act that the Commission enter upon a license for the project, whichever comes through F which specify classifications hearing concerning the lawfulness of the first, for the continued operation and of service and rates therefor as follows: rates of charges contained in the pro­ maintenance of the Flint River Project (A) Firm Power and Participation posed filing in this docket, and that the No. 1218, subject to the terms and con­ (unit) Power—to be negotiated by sep­ tendered rates be suspended as here­ ditions of its license. arate agreement. inafter provided. K enneth F. P lumb, (B) Emergency Energy— 17.5 m ills/ The Commission orders Secretary. kWh or 110% of out-of-pocket costs, (A) Pursuant to the authority of the [FR Doc.73-20243 Filed 9-21-73:8:45 am] whichever is greater. (C) Maintenance Power—8tf/kW per Federal Power Act, particularly section day or 40^/kW per week (less 8tf/kW per 205(e). thereof, a public hearing shall be [Docket No. E-8306] day UP to 40tf AW per week for each kW heard, commencing with a prehearing GULF POWER CO. curtailed by the supplier), Maintenance conference on November 1,1973, at 10:00 Energy—110% of out-of-pocket costs; or Notice of Application a.m. in a hearing room at the Federal at the option of the supplying party, Power Commission, 825 North Capitol September 14, 1973. maintenance power and energy may be St. NE., Washington, D.C. 20426, con­ Take notice that on June 25,1973, Gulf settled for by the return of equivalent Power Company (Applicant) tendered power and energy. cerning the lawfulness of the rates,

FEDERAL REGISTER, VOL. 38, N O . 184— M ONDAY, SEPTEMBER 24, 1973 No. 184—Pt. I----- 6 26636 NOTICES charges, classifications and services con­ with Commission’s rules of Practice and CFR 157.10). All protests filed with the tained in the rate filings subject to this procedure. AH such petitions or protests Commission will be considered by it in Docket. should be filed on or before September determining the appropriate action to be (B) Pending hearing and a final deci­ 24, 1973. Protests will be considered by taken but will n ot serve to make the pro­ sion in this , proceeding, the proposed the Commission in determining the ap­ testants parties to the proceeding. Any rate schedules in this Docket are hereby propriate action, but will not serve to person wishing to become a party to a accepted for^filing as of September 15, make protestants parties to the proceed­ proceeding or to participate as a party 1973, suspended and the use thereof def­ ings. Any person wishing to become a in any hearing therein must file a peti­ erred until September 16,1973. party must file a petition to intervene; tion to intervene in accordance with the By the Commission. Copies of this application are on file with Commission’s rules. the Commission and are available for Take further notice that, pursuant to [ sealI K enneth P. P lumb, public inspection. the authority contained in and subject Secretary. K enneth F. P lumb, to the jurisdiction conferred upon the [FR Doc.73-20245 Filed 9-21-73; 8:45 am] Secretary. Federal Power Commission by sections 7 and 15 of the Natural Gas Act and the [FR Doc.73-20224 Filed 9-21-73;8:45 am] Commission’s rules of practice and pro­ [Docket No. RP74-11] cedure, a hearing will be held without KANSAS-NEBRASKA NATURAL GAS CO., [Docket No. CP74r-58] further notice before the Commission on INC. this application if no petition to inter­ MICHIGAN WISCONSIN PIPE LINE CO. vene is filed within the time required Notice of Proposed Changes in FPC Gas Notice of Application herein, if the Commission on its own re­ Tariff view of the matter finds that a grant of September 18, 1973. S eptember 17, 1973. the certificate and permission and ap­ Take notice that Kansas -Nebraska Take notice that on August 31, 1973, proval for the proposed abandonment Michigan Wisconsin Pipeline Company are required by the public convenience Natural Gas Company, Inc. ( Kansas- (Applicant), One Woodward Avenue, Nebraska), on August 31, 1973, tendered and necessity. If a petition for leave to Detroit, Michigan 48226, filed in Docket intervene is timely filed, or if the Com­ for filing proposed changes in its FPC No. CP74-58 an application pursuant to Gas Tariff, Second Reviséd Volume No. 1. mission on its own motion believes that According to Kansas-Nebraska, Orig­ sections 7(b) and 7(c) of the Natural a formal hearing is required, further inal Sheet No. 24D; First Revised Sheet Gas Act requesting permission and ap­ notice of such hearing will be duly given. Nos. 8, 8B, 15B, 23, 24B, and 24C; Second proval to abandon certain facilities by Under the procedure herein provided Revised Sheet Nos. 15, 24A and PG A-1; sale to Keokuk Gas Service Company for, unless otherwise advised, it will be Third Revised Sheet Nos. 6, 7, and 14 (Keokuk) and for a certificate of public unnecesary for Applicant to appear or be and Fourth Revised Sheet Nos. 5, 9; 12, convenience and necessity authorizing represented at the hearing. and 16 FPC Gas Tariff, Second Revised the relocation o f a delivery point for K eo­ kuk, all as more fully set forth in the ap­ K enneth F. .Plumb, Volume No. 1 have an effective date of Secretary. October 16, 1973, and will supersede the plication which is on file with the Com­ tariff sheets on file with the FPC in Doc­ mission and open to public inspection. [FR Doc.73-20246 Filed 9-21-73;8:45 am] ket No. CP73-224. Applicant states that it proposes to Kansas-Nebraska states that the pro­ seU to Keokuk at a net depreciated cost [Rate Schedule Nos. 3, etc.] posed changes would increase revenues o f $201,452.25 approximately 25 miles of from jurisdictional sales and service by right-of-way, pipeline, sales meter sta­ MONSANTO CO., ET AL. $2,179,700 based on the 12 month period tion sites and related facilities, owned Notice of Rate Change Filings and operated by Applicant to render serv­ ending April 30, 1973, as adjusted. In September 14, 1973. addition, Kansas-Nebraska states that it ice to Keokuk in Lee County, Iowa. Ap­ proposes to change the definition of Bill­ plicant also proposes to construct a re­ Take notice that the producers listed ing Demand in paragraph 3.b. on Sheet located delivery point facility located at in the appendix attached below have No. 5, Rate Schedule CD-I so that deliv­ approximately Mile Post 31.93 in Lee filed proposed increased rates to the ap­ eries under this rate schedule will be County, Iowa. The estimated cost of the plicable area new gas ceiling based on limited to 80 percent of the contract de­ proposed facility is $26,510, which will be the interpretation of vintaging concepts mand during the months of April, May, financed by Applicant from internally set forth by the Commission in its Opin­ September and October and 60 percent generated funds. ion No. 639, issued December 12, 1972. of the contract demand during the Applicant states the abandonment by The information relevant to each of months of June, July and August. sale to Keokuk.,will eliminate three ex­ these sales is listed in the appendix According to Kansas-Nebraska it pro­ isting delivery points and approximately below. poses to restrict the reselling of gas for 25 miles of right-of-way pipeline and re­ Any person desiring to be heard or to boiler fuel or generation of electricity lated facilities and will enable Keokuk to make any protest with reference to said for new or additional use to any. pres­ utilize these facilities as a part of its filings should on or before September 27, ently served customers or to any new local distribution system with resulting 1973, file with the Federal Power Com­ customer. Kansas-Nebraska further operational and cost advantages to the mission, Washington, D.C. 20426, a peti­ states that under the proposed tariff the company. Applicant further states that tion to intervene or a protest in accord­ largest new installation which would be the construction of the relocated station ance with the requirements of the accepted would be one with an annual will enable Applicant to continue selling Commission’s rules of practice and pro­ requirement of 50,000 M cf. the the same volumes of gas to Keokuk cedure (18 CFR 1.8 or 1.10). All protests Kansas-Nebraska also states that it presently authorized under various Com­ filed with the Commission will be con­ proposes to increase its depreciation rate mission certificates of public convenience sidered by it in determining the appro­ for its transmission system properties to and necessity. priate action to be taken but will not a rate of 4 percent. In addition, Kansas- Any person desiring to be heard or to serve to make the protestants parties to Nebraska states that the proposed rate make any protest with reference to said the proceeding. Any party wishing to be­ of return of 9.78 percent will enable application should on or before Octo­ come a party to a proceeding or to par­ Kansas-Nebraska to earn a return of 13 ber 9, 1973, file with the Federal Power ticipate as a party in any hearing therein percent on equity. Commission, Washington, D.C. 20426, a must file a petition to intervene in ac­ Any person desiring to be heard or to petition to intervene or a protest in ac­ cordance with the Commission’s rules. cordance with the requirements of the protest should file a petition to intervene Kenneth F. Plumb, or protest with the Federal Power Com­ Commission’s rules of practice and pro­ Secretary. mission, 825 North Capitol Street NE., cedure (18 CFR 1.8 or 1.10) and the reg­ Washington, D.C. 20426, in accordance ulations under the Natural Gas Act (18 [FR Doc.73-20247 Filed 9-21-73;8:45 am]

FEDERAL REGISTER. VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 NOTICES 26637

A ppendix The guaranty proposed herein is re­ quired because, under the United States Bate Bankruptcy Act, the claim provable with Filing date Producer Bayer respect to a lease is limited to one year’s rent in the case of the bankruptcy of the Applicant and three years’ rent in the « 1973 _ Monsanto Co., 1300 Post Oak 3 Mississippi River Transmis- Other southwest area, event of the reorganization of the Appli­ Ang. 2 » » Tower, 5061 Westheimer, sion Corp. Houston, Tex. 77027. cant. If there is no guaranty as herein 64 Natural Gas Pipeline Co. of Texas gulf coast. Aug. 30,1973—s-----d o ------— proposed, rating agencies customarily Do Ashland Oh, Inc., P.O. Box 105 Arkansas Louisiana Gas C o .. Other southwest area. rate industrial revenue bonds to be paid u 1503, Houston, Tex. 77001. out of the lease payments one grade Do — — Pennzoil Producing Co., 900 251 Texas Eastern Transmission Do. lower than they rate senior unsecured Southwest Tower, Houston, Corp. Tex. 77002. long-term debt of the lessee. Rent 4 1973... Skelly Oil Co., P.O. Box 1650, 269 Lone Star Gas Co------— u Do. Bept. % mi Tul 0 kla. 74102 The guaranty is to be absolute and un­ T»o Champlin Petroleum Co., P.O. 2 Texas Eastern Transmission Do. conditional. It will apply notwithstand­ - Box 9365, Fort Worth, Tex. Corp. ing any default on the part of the County 76107. 11 United Gas Pipe Line C o.... Do. or any compromise, settlement, modifi­ Do______-— do------1 2 ____do______cation, amendment, release or termina­ Do------do...... i ...... Do. Do____ .... ------do...... 1 3____ do______tion of any or all of the obligations, con­ venants or agreements of the County. [FR Doc.73-20247 Filed 9-21-73;8:45 ami The guaranty is desired by the Applicant, since it will permit the Applicant to ob­ tain the most advantageous interest rate [Docket No. E-8385] of the principal of and premium, if any, for the Bonds with a consequent reduc­ on each Bond when and as the same shall MONTANA-DAKOTA UTILITIES CO. tion in the rental to be paid by the Ap­ become due, whether at the stated plicant under the Lease. Notice of Application maturity thereof, by acceleration, call for The Bonds will be sold to underwriters S eptember 18, 1973. redemption or otherwise, and (b) the full by the County, and a Bond Purchase and prompt payment of any interest on Agreement relating to the Bonds will be Take notice that on September 4,1973, any Bond when and as the same shall Montana-Dakota Utilities Co. filed an ap­ entered into between the County and become due. the underwriters. The Applicant will not plication pursuant to Section 204 of the The County is authorized to issue the Federal Power Act seeking an Order au­ bonds under the Industrial Development be a party to that agreement. thorizing the Applicant to enter into a The sale of the bonds will be governed Projects Acts, being Title 11, Chapter 41, by state law and will be accomplished Guaranty Agreement with a bank (to be Revised Code o f Montana, 1947, as selected) acting as Trustee (the “Trus­ without competitive bidding by the amended, and the County will issue the County. Since the guaranty by the Ap­ tee”), guaranteeing payment of the Bonds pursuant to the Indenture. Inter­ principal, premium, if any, and interest plicant will be given to the Trustee for est payable on the Bonds will be exempt the benefit of the holders of the Bonds on pollution control revenue bonds des­ from Federal Income Tax as enacted and ignated “County of Richland, Montana, issued by the County, the Applicant construed on the date of original delivery believes that competitive bidding with Pollution Control Revenue Bonds (Mon­ (except as provided by section 103(c) (7) tana-Dakota Utilities Co. Project) ” (the respect to the guaranty is not possible. o f the Internal Revenue Code o f 1954 as The guaranty is the subject of an appli­ “Bonds”) to he issued by Richland to bonds held by a substantial user of County, Montana, an organized county cation for exemption from competitive the Project or a "related user” as such bidding under § 3 4.2(f) (2 ). within the State of Montana, being a term is defined in section 103(c) (6) (C) body corporate and politic (the Any person desiring to be heard or to “County”), pursuant to a Trust Inden­ of the Code). make any protest with reference to said While the County will be the issuer of application should on or before Octo­ ture (the “Indenture”) to be entered into the Bonds as required for purposes of ex­ between the County and the Trustee. ber 12, 1973, file with the Federal Power emption of the interest on the Bonds Commission, Washington, D.C. 20426, The aggregate amount of such obliga­ from Federal Income taxation, the credit tions to be the subject of the Guaranty petitions to intervene or protests in ac­ of the County will not be pledged to the cordance with the requirements of the Agreement shall not exceed $4,500,000. payment of the bonds. The Bonds will The Applicant proposes to enter into Commission’s rules of practice and pro­ be payable only from the revenues and cedure (18 CFR 1.8 or 1.10). All protests a Guaranty Agreement with the Trustee income under the Lease, and all lease under the Indenture pursuant to which filed with the Commission will be con­ rentals will be assigned to, and deposited sidered by it in determining the appro­ the Bonds of the County are to be issued directly with, the Trustee. The Lease will to finance the construction and acquisi­ priate action to be taken but will not require that the Company continue to serve to make the protestants parties to tion in the County of water and air pollu­ pay rental whether or not the Project is tion control facilities at an existing 50 destroyed, and the amount payable will the proceeding. Persons wishing to be­ megawatt electric generating station, be the amount required to pay principal, come parties to a proceeding or to par­ known as the Lewis and Clark Station, premium, if any, and interest on the ticipate as a party in any hearing therein presently owned by the Applicant (said Bonds and to pay from time to time the must file petitions to intervene in accord­ air and water pollution control facilities fees and expenses of the County and ance with the Commission’s rules. The are hereinafter referred to as the “Proj­ Trustee. Under the terms of the application is on file with the Commis­ ect”) . The Project will be owned by the Lease Agreement, the County will sell, County and will be leased by the County assign, transfer and convey to the Appli­ sion and available for public inspection. to the Applicant. The term of the lease cant at a purchase price of $1,000, pay­ K e n n e t h F. P l u m b , (the “Lease”), will commence with the able in cash or certified check, all of its Secretary. date of issuance of the bonds and will terminate on the date of final payment right, title and interest In the Project [FR Doc.73-20248 FUed 9-21-73; 8:45 am] of the Bonds, such lease term to be more within 30 days from the completion date specifically set forth in the Lease at the as specified in the Lease, provided how­ [Docket No. E-8384] time of execution. ever, notwithstanding the foregoing, such MONTANA-DAKOTA UTILITIES CO. Under the Guaranty Agreement, the sale, assignment, transfer and convey­ Applicant will unconditionally guaranty ance will not operate by merger or other­ Notice of Application to the Trustee for the benefit of the wise to terminate the Lease, the lease S e p t e m b e r 18, 1973. holders from time to time of the Bonds term or the obligations, terms and con­ Take notice that on September 4,1973, and the interest coupons appertaining Montana-Dakota Utilities Co. filed an thereto (a) the full and prompt payment ditions of the Lease.

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 26638 NOTICES

application pursuant to section 204 of payment of the bonds. The Bonds will Commission’s rules of practice and pro­ the Federal Power Act seeking an order be payable only from the revenues and cedure (18 CFR 1.8 or 1.10). All protests authorizing the Applicant to enter into income under the Lease, and all lease filed with the Commission will be con­ a Guaranty Agreement with a bank (to rentals will be assigned to, and deposited sidered by it in determining the appro­ be selected) acting as Trustee (the directly with, the Trustee. The Lease will priate action to be taken but will not “Trustee” ) , guaranteeing payment of the require that the Company continue to serve to make the protestants parties to principal, premium, if any, and inter­ pay rental whether or not the Project is the proceeding. Persons wishing to be­ est on pollution control revenue bonds destroyed, and the amount payable will come parties to a proceeding or to par­ designated “County of Morton, North be the amount required to pay principal, ticipate as a party in any hearing therein Dakota, Pollution Control Revenue premium, if any, and interest on the must file petitions to intervene in ac­ Bonds (Montana-Dakota Utilities Co. Bonds and to pay from time to time the cordance with the Commission’s rules. Project)” (the “Bonds”) to be issued fees and expenses of the County and the The application is on file with the Com­ by Morton County, North Dakota, an Trustee. Under the terms of the Lease mission and available for public organized county within the State of Agreement, the County will sell, assign, inspection. North Dakota, being a body corporate transfer and convey to the Applicant at K enneth F. Plumb, and politic (the “County”), pursuant to a purchase price of $1,000, payable in Secretary. a Trust Indenture (the “Indenture”) to cash or certified check, all of its right, be entered into between the County and title and interest in the Project within [FR Doc.73-20249 Filed 9-21-73;8:45 am] the Trustee. The aggregate amount of 30 days from the completion date as spec­ such obligations to be the subject of the ified in the Lease, provided however, [Docket Nos. G-16026 etc.] Guaranty Agreement shall not exceed notwithstanding the foregoing, such sale, $6,000,000. assignment, transfer and conveyance will NATURAL GAS PIPELINE COMPANY OF The Applicant proposes to enter into not operate by merger or otherwise to AMERICA a Guaranty Agreement with the Trustee terminate the Lease, the lease term or the Order Granting Motion and Adopting Settle­ under the Indenture pursuant to which obligations, terms and conditions of the ment Agreement Relative to Consoli­ the Bonds of the County are to be issued Lease. dated Effective Tax Rate Issue to finance the construction and acquisi­ The guaranty proposed herein is re­ September 17, 1973. tion in the County of water and air pol­ quired because, under the United States lution control facilities at an existing Bankruptcy Act, the Claim provable with On June 27,1973, Natural Gas Pipeline 100 megawatt electric generating station, respect to a lease is limited to one year’s Company of America (Natural) filed a known as the Rolland M. Heskett Sta­ rent in the case of the bankruptcy of the motion renewing a motion made on tion, presently owned by the Applicant Applicant and three years’ rent in the April 3,1972, for Commission approval of (said air and water pollution control event of the reorganization of the Ap­ a settlement agreement in the above facilities are hereinafter referred to as plicant. If there is no guaranty as herein dockets. The proposed settlement con­ the “Project”). The Project will be proposed, rating agencies customarily cerns the consolidated effective tax rate owned by the County and will be leased rate industrial revenue bonds to be paid issue raised in the above dockets. by the County to the Applicant. The term out of the lease payments one grade These proceedings arose from a peti­ of the lease (the “Lease”) , will com­ lower than they rate senior unsecured tion filed by Natural on May 19, 1970, mence with the date of issuance of the long-term debt of the lessee. in these dockets, requesting an order bonds and will terminate on the date of The guaranty is to be absolute and un­ finding and declaring that Natural had final payment of the Bonds, such lease conditional. It will apply notwithstand­ no liability under “the consolidated effec­ term to be more specifically set forth in ing any default on the part of the County tive tax rate” conditions in settlement the Lease at the time of execution. or any compromise, settlement, modifi­ agreements previously approved by this Commission in these dockets. Natural Under the Guaranty Agreement, the cation, amendment, release or termina­ tion of any or all of the obligations, cove­ also asked approval of the use of that Applicant will unconditionally guaranty interpretation of the consolidated effec­ to the Trustee for the benefit of the hold­ nants or agreements of the County. The guaranty is desired by the Applicant, tive tax rate issue in any future rate pro­ ers from time to time of the Bonds and ceedings it might be involved in before the interest coupons appertaining since it will permit the Applicant to ob­ the Commission. tain the most advantageous interest rate thereto (a) the full and prompt payment The settlement agreement provides of the principal of and premium, if any, for the Bonds with a consequent reduc­ that Natural would not have a refund on each Bond when and as the same shall tion in the rental to be paid by the Appli­ cant under the Lease. obligation under these dockets relative to become due, whether at the stated ma­ the consolidated effective tax rate condi­ turity thereof, by acceleration, call for The Bonds will be sold to underwriters tions existing therein; further, such con­ redemption or otherwise, and (b) the full by the County, and a Bond Purchase Agreement relating to the Bonds will be ditions were to be terminated by the and prompt payment of any interest on agreement. Additionally, if Peoples Gas any Bond when and as the same shall entered into between the County and the (parent of Natural), through its own become due. underwriters. The Applicant will not be a party to that agreement. operations or those of any company other The County is authorized to issue the than Natural in which Peoples Gas owns bonds under the Municipal Industrial The sale of the bonds will be gov­ 50 percent or more of the stock, shall Development Act o f 1955, being Chapter erned by state law and will be accom­ suffer tax losses, even to the extent of 40-57 of the North Dakota Century plished without competitive bidding by creating a “loss company” within the Code, as amended, and the County will the County. Since the guaranty by the system, such result will not and may not issue the Bonds pursuant to the Inden­ Applicant will be given to the Trustee be used to reduce the rates of Natural ture. Interest payable on the Bonds will for the benefit of the holders of the below the level they otherwise would be. be exempt from Federal Income Tax as Bonds issued by the County, the Appli­ Notice of this motion renewing the enacted and construed on the date of cant believes that competitive bidding April 3, 1972, motion was issued on July original delivery (except as provided by with respect to the guaranty is not pos­ 6, 1973, providing fo r all comments to be section 103(c) (7) of the Internal Rev­ sible. The guaranty is the subject of an filed by July 16, 1973. No comments have enue Code o f 1954 as to bonds held by a application for exemption from com­ been received. substantial user of the Project or a “re­ petitive bidding under § 34.2(f) (2). The provisions of this settlement are lated user” as such term is defined in sec­ Any person desiring to be heard or to consistent with our decision in “Florida tion 103(c) (6) (C) of the Code). make any protest with reference to said Gas Transmission Company,” Opinion While the County will be the issuer application should on or before Octo­ Nos. 611 and 611—A (issued February 16, of the Bonds as required for purposes of ber 12, 1973, file with the Federal Power 1972, and January 19,1973, respectively). In that decision, we stated: exemption of the interest on the Bonds Commission, Washington, D.C. 20426, from Federal Income taxation, the credit * * * In our opinion a utility should be petitions to intervene or protests in ac­ regarded on the basis of its being an inde­ of the County will not be pledged to the cordance with the requirements of the pendent entity; that is, a utility should be

FEDERAL REGISTER, VOL. 3 8 ,/JO. 184— M O ND AY, SEPTEMBER 24, 1973 NOTICES 26639 considered as nearly as possible on Its own or before October 2, 1973. Protests will Raton states that the filing of Second merits and not on those of its affiliates. (47 be considered by the Commission in de­ Revised Sheet No. 3a is submitted only PPO 363). termining the appropriate action to be for the purpose of effecting a change in Our reasoning was that reducing the taken ,but will not serve to make protes­ Raton’s rates to compensate Raton for rate of a regulated pipeline because of tants parties to teh proceeding. Any per­ the increase in charges for gas purchased exploration and development by an affili­ son wishing to become a party must file from Colorado Interstate Company ated company would discourage the very a petition to intervene. Copies of this (CIG) in the amount of 2.39* per Mcf, enterprise which, in this time of limited application are on file with the Com­ which CIG proposes to make effective natural gas supplies, we wish to encour­ mission and are available for public October 1, 1973, and to pass through a age; therefore, the tax losses sustained by inspection. reduction in charges by CIG as the re­ an affiliate should not be used to reduce K enneth F. P lumb, sult of the settlement in Docket No. the tax allowance of another affiliate. Secretary. RP72-113, approved by Commission [FR Doc.73-20231 Filed 9-21-73:8:45 ami order issued July 5, 1973. The Commission finds Raton states that the filing reflects an The settlement of the consolidated increase in demand charge of 4.0tf per effective tax rate issues as contained in PANHANDLE EASTERN PIPE LINE CO. Mcf, an increase in commodity charge the agreement submitted on April 3,1972, Notice of Proposed Tariff Changes of 1.93tf per Mcf and a reduction in the and renewed on June 27,1973, is reason­ surcharge to recover Deferred Gas Pur­ able, proper, and in the public interest. September 19, 1973. chase Costs from 10.56^ to 2.55tf for the The agreement carries out the provisions Take notice that on August 28, 1973, succeeding six months from effective of the Natural Gas Act and should be Panhandle Eastern Pipe Line Company date. approved. (Panhandle) tendered for filing the fol­ Raton says that the filing of First lowing tariff sheets to its FPC Gas Tariff, Revised Sheet No. 20b is for inclusion of The Commission orders Original Volume No. 2 : Paragraph 18.10 providing for flow­ (A) The settlement agreement, hereby Ninth Revised Sheet No. 1. through of jurisdictional refunds in incorporated by reference, is approved: Original Sheet Nos. 205 through 231. compliance with Commission order in Provided, however, That such approval Docket No. RP73-92. is without prejudice to any findings or The tariff sheets are being filed in On September 6, 1973, Raton filed orders which may be made by the Com­ order to effectuate the Transportation another letter with the Commission. mission in any proceeding hereinafter and Sale, and Exchange Agreement be­ Raton states that since the filing erf instituted by or against Natural or any tween Panhandle and Colorado Inter­ August 16, 1973, it has been brought to other person or party. state Gas Company as authorized by the Raton’s attention that certain of the (B) The Secretary shall cause prompt Federal Power Commission’s orders is­ figures set forth on said proposed Second publication of this order in the Federal sued March 30, 1973, and July 19, 1973, Revised Sheet No. 3a and the accom­ in Docket Nos. CP72-181 and CP73-44. Register. panying Exhibit A do not correctly re­ Panhandle proposes that the tariff sheets flect the rates and charges which Raton By the Commission. be made effective October 1,1973. should charge to include CIG filing of [seal] K enneth F. Plumb, Copies of the filing were served upon PGA and in Docket No. RP73—93 which Secretary. Colorado Interstate Gas Company. become effective October 1,1973. Accord­ Any person desiring to be heard or to [PR Doc.73-20250 Piled 9-21-73;8:45 am] ingly, Raton submitted a substitute Sec­ protest said filing should file a peti­ ond Revised Sheet No. 3a and a substi­ tion to intervene or protest with the Fed­ tute Exhibit A in substitution for the [Docket No. E-8378] eral Power Commission, Washington, same instruments filed on August 16, D.C. 20426, in accordance with §§ 1.8 and NORTHERN INDIANA PUBLIC SERVICE CO. 1973, and requests the Commission to 1.10 of the Commission’s rules of prac­ accept this filing as though filed on Notice of Supplement to Service Agreement tice and procedure (18 CFR 1.8, 1.10). August 16, 1973. In the alternative, All such petitions or protests should be Raton requests the Commission to waive September 18, 1973. filed on or before September 24, 1973. Take notice that on August 30, 1973, the 45-day notice requirement of Section Protests will be considered by the Com­ 18.2 o f R aton’s tariff in order that the Northern Indiana Public Service Com­ mission in determining the appropriate pany (Northern) tendered for filing Ex­ changes proposed may become effective action to be taken, but will not serve to as of October 1,1973. hibit B-9, Supplement to Service Agree­ make protestants parties to the proceed­ ment, between Northern and Kankakee Any person desiring to.be heard or to ing. Any person wishing to become a protest said application should file a pe­ Valley Rural Electric Membership Cor­ party must file a petition to intervene. poration, covering supply of electric Copies of this filing are on file with the tition to intervene or protest with the energy for resale at the Four Seasons Commission and are available for pub­ Federal Power Commission, 825 North Delivery Point located m Porter Town­ lic inspection. Capitol Street NE., Washington, D.C. ship, Porter County, Indiana. K enneth F. P lumb, 20426, in accordance with §§ 1.8 and 1.10 Northern states that the supplement Secretary. of the Commission’s rules of practice and provides for service to be fumisehd under Rate VA11 of Northern’s FPC Electric [FR Doc.73-20227 FUed 9-21-73;8:45 am] procedure (18 CFR 1.8, 1.10). All such Service Tariff—First Revised Volume petitions or protests should be filed on or No. 1. [Docket No. RP73-92] before September 25, 1973. Protests will According to Northern the map ap­ be considered by the Commission in de­ RATON NATURAL GAS CO. pearing in the tariff is being revised to termining the appropriate action to be show all delivery points for which con­ Notice of Proposed Filing Pursuant to taken, but will not serve to make Pro­ tracts have been filed with the Commis­ Purchased Gas Adjustment Clause sion. testants parties to the proceeding. Any S eptember 14,1973. Any person desiring to be heard or to person wishing to become a, party must protest said application should file a Take notice that on August 16, 1973, file a petition to intervene. Copies of this petition to intervene or protest with the Raton Natural Gas Company (Raton) application are on file with the Com­ submitted for filing as a part of its FPC Federal Power Commission, 825 North mission and are available for public Capitol Street NE., Washington, D.C. Gas Tariff, Original Volume No. 1, the 20426, in accordance with §§1.8 and 1,10 following revised Tariff Sheets, to be­ inspection. come effective October 1, 1973: K enneth F. Plumb, of the Commission’s rules of practice and Secretary. proecedure (18 CFR 1.8, 1.10). All such Second Revised Sheet No. 3a. Petitions or protests should be filed on First Revised Sheet No. 20b. [FR Doc.73-20251 FUed 9-21-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . T84— M O ND AY, SEPTEMBER 24, 1973 26640 NOTICES

_ [Docket No. ID-1631] Applicant states that it commenced a No. 2 to become effective thirty (30)

FEDERAL REGISTER, VOL. 38, NO. 184— M O NDAY, SEPTEMBER 24, 1973 NOTICES 26641 ner Mcf per month plus a volume charge It appears reasonable and consistent October 4,1971, by Texas Eastern Trans­ of 4 90 cents per Mcf. Applicant states with the public interest in this proceeding mission Corporation. that the proposed service would be ren­ to prescribe a period shorter than 15 By the Commission. dered by means o f existing facilities. days for the filing of protests and peti­ tions to intervene. Therefore, any person [ seal] K enneth F. P lumb, Any person desiring to be heard or to Secretary. make any protest with reference to said desiring to be heard or to protest said aDPlication should on or before O cto­ filing should file a petition to intervene [FR Doc.73-20255 Filed 9-21-73;8:45 am] ber 5, 1973, file with the Federal Power or protest with the Federal Power Com­ mission, 825 North Capitol Street NE., Commission, Washington, D.C. 20426, a [Docket No. CI74-170] petition to intervene or a protest in ac­ Washington, D.C. 20426, in accordance cordance with the requirements of the with the requirements of §§ 1.8 and 1.10 TOMLINSON DRILLING PROGRAM of the Commission’s rules of practice and ■ Commission’s rules of practice and pro­ Notice of Application cedure (18 CFR 1.8 and 1.10). All pro­ procedure (18 CFR 1.8 or 1.10) on or tests filed with the Commission will be before September 24, 1973. A ll protests September 18, 1973. considered by it in determining the ap­ wifi be considered by the Commission in Take notice that on September 10,1973, propriate action to be taken but will not determining the appropriate action to be Tomlinson Drilling Program—1972—A serve to make the protestants parties to taken, but will not serve to make pro­ Limited Partnership, et al. (Applicants), the proceeding. Any person wishing to testants parties to the proceeding. Any c/o Tomlinson Oil Co., Inc., Suite 1030, become a party to a proceeding or to person wishing to become a party to a 200 West Douglas, W ichita, Kansas 67202, participate as a party in any hearing proceeding or to patricipate as a party filed in Docket No. CI7Î-170 an applica­ therein must file a petition to intervene in any hearing therein must file a peti­ tion pursuant to section 7 (c) of the Nat­ in accordance with the Commission’s tion to intervene in accordance with the ural Gas Act for a certificate of public rules. V V ' - Commission’s Rules. Persons that have convenience and necessity authorizing Take further notice that, pursuant to previously filed a notice or petition for the sale for resale and delivery of nat­ the authority contained in and subject intervention in this proceeding need not ural gas in interstate commerce to North­ to the jurisdiction conferred upon the file additional notices or petitions to be­ ern Natural Gas Company from the Federal Power Commission by sections come parties with respect to the instant North Balko Area, Beaver County, Okla­ 7 and 15 of the Natural Gas Act and the filing. This filing which was made with homa, all as more fully set forth in the Commission’s rules o f practice and pro­ the Commission is available for public application which is on file with the Com­ cedure, a hearing will be held without inspe »tion. mission and open to public inspection. further notice before the Commission on K enneth F. P lumb, Applicants propose to sell approxi­ this application if no petition to inter­ Secretary. mately 15,000 M cf o f gas per month for vene is filed within the time require [FR Doc.73-20254 Filed 9- 21-73;8:45 am] one year at 45.0 cents per M cf at 14.65 herein, if the Commission on its own p.s.i.a., subject to upward and downward review o f the matter finds that a grant Btu adjustment within the contempla­ of the certificate is required by the public [Docket No. CP72-93] tion of § 2.70 of the Commission’s general convenience and necessity. If a petition TEXAS EASTERN TRANSMISSION CORP. policy and interpretations (18 CFR 2.70). for leave to intervene is timely filed, or Order Granting Withdrawal of Application It appears reasonable and consistent if the Commission on its own motion be­ with the public interest in this case to S eptember 17, 1973. lieves that a formal hearing is required, prescribe a period shorter than 15 days further notice of such hearing will be On February 6, 1973, Texas Eastern for the filing of protests and petitions duly given. Transmission Corporation (Texas East­ to intervene. Therefore, any person de­ Under the procedure herein provided ern) filed in Docket No. CP72—93 a siring to be heard or to make any pro­ for, unless otherwise advised, it will be notice of withdrawal of its application in test with reference to said application unnecessary for Applicant to appear or that docket. Texas Eastern filed an ap­ should on or before October 4, 1973, file be represented at the hearing. plication on October 4, 1971, requesting with the Fédéral Power Commission, authorization pursuant to section 3 of the K enneth F. P lumb, W ashington, D.C. 20426, a petition to Secretary. Natural Gas Act for the importation of intervene or a protest in accordance with approximately 12 trillion Btu of liquefied the requirements of the Commission’s [PR Doc.73-20253 Piled 9-21-73;8:45 am] natural gas (LNG) from Libya. The LNG rules of practice and procedure (18 CFR was to be imported in 12 cargo lots of 1.8 or 1.10). All protests filed with the [Docket No. RP72-64] approximately one trillion Btu each. By Commission will be considered by it in order issued February 15,1972, the Com­ determining the appropriate action to TEXAS GAS TRANSMISSION CORP. mission authorized the importation of be taken but will not serve to make the Notice of Proposed Change in FPC Gas two shiploads of LNG, and scheduled protestants parties to the proceeding. Tariff hearing on the remaining ten shiploads. Any person wishing to become a party to The formal hearing was held on September 14,1973. a proceeding or to participate as a party March 14, 1972. On May 2, 1972, the in any hearing therein must file a peti­ Take notice that on August 29, 1973, Administrative Law Judge issued his tion to intervene in accordance with the Texas Gas Transmission Corporation Initial Decision, authorizing the impor­ (Texas Gas) tendered for filing as part of Commission’s rules. tation of the remaining ten shiploads, Take further notice that, pursuant to its FPC Gas Tariff, Third Revised Volume subject to certain conditions. Texas East­ No. 1, Substitute First Revised Sheet No. the authority contained in and subject 91. Texas Gas requests that the filing be ern’s notice of withdrawal was filed to the jurisdiction conferred upon the made effective as o f the date of Com­ while the proceeding was pending deci­ Federal Power Commission by sections 7 mission approval of the requested sion by the Commission. and 15 of the Natural Gas Act and the substitution. Upon consideration, the Commission Commission’s rules of practice and pro­ cedure, a hearing will be held without Texas Gas states that the sole purpose finds that good cause exists for permit­ further notice before the Commission on of this filing is to include in Category No. ting withdrawal, pursuant to Section this application if no petition to inter­ 2 of the curtailment priorities set in 1.11(d) of the Commission’s Rules of vene is filed within the time required Texas Gas’ filing o f May 17, 1973, firm herein, if the Commission on its own re­ industrial sales up to 300 Mcf per day as Practice and Procedure, of Texas East­ ern’s application filed in the above-en­ view of the matter finds that à grant of authorized in Opinion No. 647-A, “United the certificate is required by the public Gras Pipe Line Company”, Docket Nos. titled docket. convenience and necessity. If a petition RP71-29, et al., issued May 30,1973. The Commission orders for leave to intervene is timely filed, or Copies of the filing have been served upon Texas Gas’ customers and in­ Permission is hereby granted for the if the Commission on its own motion terested State commissions. withdrawal of the application filed believes that a form al hearing is required,

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 26642 NOTICES

further notice of such hearing will be The following petitioners have filed duly given. der adequate service to that area bv petitions to intervene in the proceeding changing the flow patterns on its system Under the procedure herein provided relating to the joint application filed in to enable it to divert gas from its Napole- for, unless otherwise advised, it will be Docket No. CP67-26: onville-Kosciusko line. United further al­ unnecessary for Applicants to appear or Applicant: Date of filing leges that the approval of its application be represented at the hearing. Shell Oil Co______Dec. 18, 1972 will not affect the volumes which need K enneth F. P lumb, Texaco Inc______Dec. 26, 1972 to be diverted from its Napoleonville- Secretary. Exxon Corp______Dec. 26, 1972 Kosciusko line, but will only affect the State of Louisiana, Lou­ [PR Doc.73—20233 Piled 9-21-73;8:45 am] isiana Public Service percentages o f gas diverted therefrom Commission and Lou­ that will flow toward New Orleans and isiana Municipal Gas Baton Rouge. It therefore contends that [Docket Nos. CP67-26 etc.] Association______Dec. 26, 1972 the approval of this application will not UNITED GAS PIPE LINE CO. ET AL. New Orleans Public have an adverse affect on its customers Service Inc. and the On January 2, 1973, Mid-Louisiana Findings and Order After Statutory Hear­ > City of New Orleans_Dec. 27, 1972 filed a petition to intervene in opposition ing Granting Abandonment, Fixing Date Louisiana Gas Service to the abandonment proceeding in Docket for Hearing, Establishing Procedures, Co. ------Jam. 2, 1973 No. CP73-142, alleging that it would be Granting Interventions and Terminating Louisiana Power & Light Proceedings Co. _— ------Jan. 2, 1973 aggrieved by the grant of United’s appli­ cation through the loss of a means of S eptember 17, 1973. The aforementioned petitioners gen­ transporting its Hester Storage Field gas United Gas Pipe Line Company erally contend that the joint applicants to its Baton Rouge market. (United) and Texas Eastern Transmis­ did not allege certain definitive facts in Subsequently, on January 22, 1973, sion Corporation (Texas Eastern) filed their application upon which a full eval­ Mid-Louisiana filed a motion to with­ a joint application on November 27,1972, uation of the proposal could be made. draw its intervention alleging that it no pursuant to section 7(c) of the Natural They raise questions relating to the ben­ longer had any objection to the Commis­ Gas Act (Act) for an amendment to the efit and impact that the proposed ex­ sion’s approval of the abandonment certificate of public convenience and changes will have upon the respective since it had made other suitable ar­ necessity issued by the Commission on markets and operations of the joint- rangements to transport its gas, which September 23, 1966, in Docket No. applicants. Certain interveners stress arrangements have been certificated by CP67-26 at 36 FPC 670.1 that the joint-application does not spec­ order issued January 12, 1973, in Trans­ The Commisison in the aforementioned' ify the volumes of gas contemplated continental Gas Pipe Line Corporation certificate authorized United and Texas under this exchange and that it also fails Docket No. CP73-52. Eastern to exchange natural gas and to to reveal the source, nature and status The following petitioners have filed establish specific delivery points for this of those volumes to be delivered from timely petitions to intervene in the pro­ purpose. These joint Applicants pres­ the tailgate of the Gulf Oil Corpora­ ceeding in Docket No. CP73-142 in which ently request authorization to operate tion’s Venice Gasoline Plant near Venice United seeks to abandon the above- two additional delivery points. It is un­ in Plaquemines Parish, Louisiana. described transportation service for Mid- clear from their application to amend The questions raised by petitioners Louisiana: whether they request permission to make present issues that require an evidentiary record to resolve. We shall order a hear­ Applicants Date of filing additional exchanges in a quantitative Shell Oil Co______Dec. 18, 1972 sense or whether they seek permission ing to be held on the issues presented in Laclede Gas Co ______Dec. 27, 1972 solely to operate two new exchange de­ the joint application for amendment filed The Exxon. Corp______Jan. 2, 1973 livery points in order to make exchanges in Docket No. CP67-26. State of Louisiana, Louisiana of natural gas previously authorized by On November 27, 1972, United filed an Public Service Commission the Commission. In their proposed application in Docket No. CP73-142 re­ and Louisiana Municipal questing that the Commission issue an Association.. Jan. 2, 1973 amendment, applicants seek to establish Louisiana Gas Service Co__ Jan. 2, 1973 the following two new delivery points: order pursuant to section 7(b) of the Louisiana Power and Light (1) At the outlet-side of United’s ex­ Act permitting it to abandon the natural Co. Jan. 2, 1973 isting measuring station located at the gas transportation service under which it point of interconnection of the lines of transports certain volumes of gas be­ In those petitions to intervene, peti­ Texas Eastern and United near Kosciusko longing to Mid-Louisiana Gas Company tioners generally contend that approval in Attala County, Mississippi.3 (Mid-Louisiana) from the Hester Stor­ of United’s application in Docket No. (2) At the tailgate of Gulf Oil Corpo­ age Field in St. James Parish, Louisiana, CP73-142 will permit United to change ration’s Venice Gasoline Plant near to points of interconnection with Mid- the flow patterns o f gas on its system Venice in Plaquemines Parish, Louisiana. Louisiana’s facilities in East Baton Rouge in such a manner that will be to the Parish, Louisiana:8 detriment of all who oppose the proposi­ The proposed additional exchange tion that United’s “ Green System—east” points sought by the joint applicants in United seeks to abandon only that their application to amend the certifi­ service that specifically relates to its is jurisdictional under the Act and that cate issued in Docket No. CP67-27 are transportation of Hester Field volumes the Commission should issue a certifi­ considerably distant from a geographic for Mid-Louisiana and desires to main­ cate for the operation of these facilities. point of view. The Venice exchange point tain the points of receipt and delivery of They urge that the patterns of flow on the transport gas as exchange points is located in southern Louisiana close to United’s system will be the crucial factor where the Mississippi flows into the Gulf under the provisions of an existing ex­ of Mexico and the other proposed ex­ change agreement between the latter in determining the jurisdictional status change point is close to that terminus two companies. of United’s “Green System—east.” 4 on United’s system situated near In support of its application in Docket Kosciusko in the Attala County, Missis­ No. CP73-142, United contends that the * These petitioners also contend that the sippi. uncertificàted reserves attached to its approval of United’s abandonment applica­ system in the New Orleans Area are tion in Docket No. CP73-142 and its request 1 The Commission by order issued on declining so rapidly that: it can only ren- in Docket No. CP73—143 to operate a presently July 22, 1969, amended the aforementioned existing, though closed, valve at its Mar- chand Junction (connection point between certificate by authorizing the joint appli­ 8 The Commission authorized the afore­ cants to construct and operate two addi­ United’s jurisdictional Napoleon-Kosciusko mentioned transportation service by order line and its New Orleans-Baton Rouge line) tional delivery points for the exchange of issued on November 15, 1971, in United Gas natural gas (42 FPC 157). will enable United to divert additional inter­ Pipe Line Company, in Docket No. CP72-42, state gas into its intrastate system. * United is presently delivering gas to Texas 46 PPC 1215. This service commenced on Eastern at this point pursuant to the terms B See Louisiana Power and Light Company, January 3, 1972, under United’s Rate Sched­ et al. v. Federal Power Commission, case Nos. of a service agreement between the latter ule X-44 of its PPC Gas Tariff, Original Vol­ two companies. 72-1714, et al. (5th Cir.), issued on June 28, ume No. 2. 1973,---- F. 2 d ----- .

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 NOTICES 26643

The United States Court of Appeal for Our Opinions Nos. 610 and 661, supra, The Commission orders the 5th Circuit has recently handed down are dispositive of the manner in which (A) A hearing will be convened on its decision sustaining the Commission’s United will be required to render service October 17, 1973, in the proceeding en­ decision in Opinion Nos. 610 and 610-A to its customers. Hence, United can no titled “United Gas Pipe Line Company” that United’s “Green System’’ is juris­ longer be viewed as having an inter­ in Docket No. CP67-26 in a hearing room dictional.8 Accordingly, there is no basis state and intrastate market. Laclede of the Federal Power Commission, 825 for delaying our decision on the ques­ certainly has presented no predicate North Capitol Street, NE., Washington, tion of abandonment insofar as it relates upon which it can be assumed that D.C. 20426 at 10:00 a.m. (E D T ). The to the jurisdictional issue sought to be United, contrary to the directives of this Chief Administrative Law Judge will preserved by these petitions. Commission, will provide its formerly designate an appropriate Administrative The above-noted petitions to inter­ intrastate customers with more than Law Judge of the Commission to preside vene in Docket CP73-142 were filed well their proper entitlements as determined at this hearing pursuant to the Com­ before June 28, 1973, the date on which by the Commission. mission’s Rules of Practice and Proce­ the Court handed down its decision in The petitions do not raise any issue dure. the “Louisiana Power” case, supra. The of substance in the light of the subse­ (B) United Gas Pipe Line Company main basis of possible aggrievement quent decisions rendered by the Courts and all parties in support of its applica­ cited in these petitions was predicated and this Commission. Thus formal hear­ tion, will serve their direct case on all upon the hypothesis that any change ing in order to re-argue the same issues parties to the proceeding, including in the existing flow patterns on United’s that have finally been adjudicated will Commission Staff, on or before October 5, system might affect the outcome of cer­ serve no useful purpose. The Commis­ 1973. tain matters pending before the Court sion has, therefore, on its own motion re­ (C) The above-named petitioners and this Commission relating to the ju­ ceived and made part of the record in seeking permission to intervene in the risdiction and certification of specific this proceeding all evidence, including proceedings entitled “United Gas Pipe portions of United’s system. Upon the the application and exhibits thereto, sub­ Line Company” in Docket Nos. CP67-26 basis of the evidentiary record in Docket mitted in support of the authorization and CP73-142 are hereby permitted to No. CP71-89, the Court found that sought herein at a hearing held on Sep­ intervene in these proceedings, as indi­ United’s facilities and the services it ren- tember 12, 1973, and in consideration o f cated above, subject to the rules and . ders in these areas to be jurisdictional. this record will grant the abandonment regulations of the Commission: Provided, Shortly after the Court handed down the sought by United herein. however, That the participation of such aforementioned decision, the Commis­ United filed its application in Docket interveners shall be limited to matters sion issued a conditional certificate of No. CP73-143 on November 27, 1972, affecting rights and interests specifically public convenience and necessity permit­ seeking authorization, as previously set forth in their petitions to intervene: ting United to operate its facilities and noted pursuant to section 7 (c) of the Act And provided, further, That the admis­ provide certain services, previously un­ to divert natural gas from its certificated sion of such interveners shall not be certificated, in its New Orleans and Vic­ Napoleonville-Kosciusko line to its then construed as recognition by the Com­ toria Divisions.8 Hence, the course of uncertificated New Orleans-Baton Rouge mission that such interveners might be events subsequent to the filing of the line by opening an existing, though aggrieved, because of any order or orders aforementioned petitions have resolved closed, valve between these facilities. issued by the Commission in these these pending issues and mooted much However, the aforementioned Opinions proceedings. of the basis for opposition to the grant are dispositive of United’s application in (D) The abandonment sought in the of the abandonment. Docket No. CP73-143. In those Opin­ proceeding entitled “United Gas Pipe Laclede Gas Company (Laclede) filed a ions, the Commission determined that Line Company” in Docket No. CP73-142 petition to intervene in Docket No. United’s facilities in its New Orleans Di­ is granted. CP73-142 predicated upon a different vision are jurisdictional and issued" a (E) The proceeding entitled United hypothesis from that noted above. In its certificate to operate those facilities with Gas Pipe Line Company in Docket No. petition, Laclede contends that the the other sections of United’s pipeline on CP73-143 is terminated. an integrated basis. Accordingly, we will abandonment sought by United in the By the Commission. aforementioned docket is closely related terminate the proceeding initiated by to United’s filing in Docket No. CP73-143. the filing of United in Docket No. [seal] K enneth F. Plumb, It argues that United in the aforemen­ CP73-143. Secretary. tioned dockets is seeking authority to The Commission finds [FR Doc.73-20256 Filed 9-21-73;8:45 am] divert interstate gas to a specific portion (1) The public convenience and neces­ of its intrastate market when it is cur­ sity requires that the proceeding en­ [Docket No. E-8393] tailing up to thirty percent of its con­ titled “United Gas Pipe Line Company” tract obligation to its pipeline customers. in Docket No. CP67-26 be set for formal DEPARTMENT OF THE INTERIOR, ET AL. However, the Commission in Opinion hearing. No. 610 provided for United to deliver Notice of Recommendation for Approval of interstate gas into various parts of its (2) The intervention of the above- Rates and Charges named petitioners who filed petitions to uncertificated system on an emergency September 14, 1973. basis (47 FPC at 267-268). In Opinion intervene in Docket No. CP67-26 may be in the public interest. Notice is hereby given that the Sec­ No. 661, supra, we granted United the retary of the Interior (Secretary), act­ certificate it requested subject to several (3) The public convenience and neces­ ing on behalf of the Alaska Power Ad­ conditions. In so doing we reiterated sity requires that the proceeding en­ ministration (APA), filed with the titled “United Gas Pipe Line Company” our position that it was to operate its Federal Power Commission on Septem­ system on an integrated basis and that in Docket No. CP73-143 should be there was to be no disparity in the serv­ terminated. ber 10, 1973, a recommendation in ice rendered anywhere on its pipeline. (4) The public convenience and neces­ Docket No. E-8393 for confirmation and (See Opinion No. 661, mimeo pp. 4-5.) sity requires that the abandonment of approval of Rate Schedule SN-F1 for There no longer is any purpose to iso­ service sought in the proceeding en­ wholesale firm electric power service lating such parts of United’s system from titled “United Gas Pipe Line Company” from the Snettisham Project (Project). each other because of jurisdictional in Docket No. CP73-142 should be The Secretary recommends approval of distinctions. granted. the proposed rate schedule for the 5- (5) The intervention of the above- year period beginning with the date of 8 See Commission Opinion No. 6Ç1 issued named petitioners who filed petitions to on July 20, 1973, in United Gas Pipe Line intervene in Docket No. CP73-142 may issuance of the Commission’s order Company, Docket No. CP71-89. be in the public interest. granting such approvaL

FEDERAL REGISTER, VOL. 38, NO . 184— MONDAY, SEPTEMBER 24, 1973 No. 184—Pt. I---- 7 26644 NOTICES

The Project is a hydroelectric devel­ [Project No. 1979] [Docket Nos. RI73-198, etc.] opment located near Juneau, Alaska. It WISCONSIN PUBLIC SERVICE RATE CHANGES is being constructed by the Corps of COMMISSION Engineers of the U.S. Army under the Order Providing for Hearing and provisions of section 204 of the Flood Notice of Application for Approval of Suspension Control Act of 1962 (Pub. L. 87-874, ap­ Conveyance of Interest in Project Lands September 14,1973. proved October 23, 1962, 76 Stat. 1173, S eptember 17, 1973. . Respondent has filed a proposed 1193), which also provides for the Sec­ Public notice is hereby given that ap­ change in rate and charge for the juris­ retary to operate and maintain the plication was filed September 5, 1972, dictional sale of natural gas, as set forth Project as well as to sell the electric under the Federal Power Act (16 USC in Appendix A hereof. power and energy generated at the 791a-825r) by the Wisconsin Public The proposed changed rate and charge Project. The Secretary has delegated his Service Corporation (Correspondence to: may be unjust, unreasonable, unduly dis­ functions to APA. The first stage of the Mr. D. A. Bollom, Controller, Wisconsin crim inatory, or preferential, or otherwise Project, known as Long Lake, is sched­ Public Service Corporation, P.O. Box 700, unlawful. uled for com pletion by October 1, 1973. Green Bay, Wisconsin 54305) for ap­ The Commission finds It is anticipated that the second stage, proval of conveyance of an interest in known as Crater Lake, will be completed project lands for constructed Project No. It is in the public interest and consist­ in fiscal year 1978. 1979, known as the Alexander Project, ent with the Natural Gas Act that the The proposed rate schedule provides located on the Wisconsin River in Lincoln Commission enter Upon a hearing re­ for a straight energy charge of 15.6 County, Wisconsin near the City of garding the lawfulness of the proposed mills per kilowatt-hour for all energy Merrill. change, and that the supplement herein sold thereunder and makes no provision Wisconsin Public Service Corporation be suspended and its use be deferred as for a capacity charge. It is available in seeks Commission approval to lease ap­ ordered below. the area served by the Project to whole­ proximately 0.40 acre of project land to sale firm power customers for general The Commission orders the Wisconsin Department of Natural (A) Under the Natural Gas Act, par­ power service. Resources for use as a parking lot ad­ In support of the proposed rate sched­ ticularly sections 4 and 15, the Regula­ jacent to Council Grounds State Park. tions pertaining thereto (18 CFR, Chap­ ule, the Secretary submitted to the Com­ The proposed parking lot would be lo­ mission the repayment study prepared ter I), and the Commission’s rules of cated within the project’s transmission practice and procedure, a public hearing by APA for the purpose of showing that line right-of-way near a water recre­ such rate schedule will produce revenues shall be held concerning the lawfulness sufficient to assure repayment of the ation area. of the proposed change. Any person desiring to be heard or (B) Pending hearing and decision Project’s costs associated with electric to make protest with reference to said power within 54 years of the commence­ thereon, the rate supplement herein is application should on or before Octo­ suspended and its use deferred until date ment of commercial operation of the ber 29, 1973, file with the Federal Power shown in the “Date Suspended Until” Long Lake stage and within 50 years of Commission, W ashington, D.C., 20426, column. This supplement shall become the commencement of commercial op­ petitions to intervene or protests in ac­ effective, subject to refund, as of the eration of the Crater Lake stage. cordance with the requirements of the expiration of the suspension period with­ Commission’s rules of practice and pro­ out any further action by the Respondent Proposed Rate Schedule SN-F1, to­ cedure (18 CFR 1.8 or 1.10). All protests gether with the repayment study in sup­ or by the Commission. Respondent shall filed with the Commission will be con­ comply with the refunding procedure re­ port thereof, is on file with the Com­ sidered by it in determining the appro­ quired by the Natural Gas Act and mission and available fçr public priate action to be taken but will not § 154.102 of the regulations thereunder. inspection. Any person desiring to make serve to make the protestants parties to (C) Unless otherwise ordered by the comments or suggestions for the Com­ a proceeding. Persons wishing to become Commission, neither the suspended sup­ parties to a proceeding or to participate plement, nor the rate schedule sought to mission’s consideration with respect to as a party in any hearing therein must said rate schedule sohuld submit the be altered, shall be changed until dispo­ file petitions to intervene in accordance sition of this proceeding or expiration of same in writing on or before October 1, with the Commission’s rules. The appli­ 1973, to the Federal Power Commission, cation is on file with the Commission and the suspension period, whichever is W ashington, D.C. 20426. available for public inspection. earlier. K enneth F. Plumb, K enneth F. P lumb, By the Commission. Secretary. Secretary. [seal! K enneth F. Plumb, [FB Doc.73-20257 Filed 9-21-73;8:45 am] [FR Doc.73-20258 Filed 9-21-73;8:45 am] Secretary. Bate in Bate Sup- Amount Date Effective Date Cents per Mcf* effect sub- Docket Respondent sched- ple- Purchaser and producing area of filing date suspended ------ject_to No. ule ment annual tendered unless until— Bate in Proposed refund in No. No. increase suspended effect increased dockets » rate No.

RI73-198- Mobil Oil Corp...... 201 12 West Texas Gathering Co. (Em­ $(58,776) 8-17-73 8-7-73 * Accepted 27.89 12*22.89 RI73-198. peror Field, Winkler County, Texas, R R # 8) (PermianBasin). 13 .. ... d o ...... * ...... - ...... 56,776 8-17-73 .. 8-18-73 ** 22.89 *27.89 ____ _dO ______RI70-1759. B 170-1769...... do...... 226 14 Transwestern Pipeline Company (8,870) 8-17-73 8-7-73 * Accepted 27.319 1» »24.5 Kermit Field, Winkler County, Texas, R R # 8) (Permian Basin). 16 ...... do...... 8,870 8-17-73 .. 8-18-73 *»24.5 27.319 .. ... d o ...... RI70-1769. R 170-1769...... do...... - 227 28 (5,310) 8-17-73 8-7-73 * Accepted 27.319 » » 24.5 29 ...... do...... 5,310 8-17-73 .. 8-18-73 * *24.6 27.319 ...... do...... —...... RI70-1759. RI70-1759...... do...... — ...... 228 14 ...... do...... (3,108) 8-17-73 8-7-73 * Accepted 27.319 1 * » 24.5 15 ____ do...... '______3,108 8-17-73 .. ____ 8-18-73 *»24.5 27.319 ___ *.do__ :______----- BI73-156. R 173-156...... do...... 241 22 El Paso Natural Gas Company (268,476) 8-17-73 8-7-73 * Accepted 26.462 1 * * 20.462 (Brown-Bassett (Ellenburger) Fid., Terrell County, Texas, RR #7-C) (Permian Basin). 23 ____ do...... : ----- 268,476 8-17-73 . . 8-18-73 *20.462 25.462 , ___ d o ...___ ------______BI70-1760. RI70-1760— .d o l...... — - 260 8 Transwestern Pipeline Company (7,892) 8-17-73 8-7-73 * Accepted 27.319 1* » 24.5 (Kermit Field, Winkler County, Texas, R R # 8) (Permian Basin)...... d o .....-c ...... 9 ____ do...... 7,892 8-17-73 .. 8-18-73 * »24.5 27.319 •Unless otherwise stated, the pressure base is 14.65 psia. Suspended” column, the date of issuance of Opinion No. 662. The proposed rate i Rate decrease filed pursuant to Ordering Paragraph (E) of Opinion No. 662. accepted herein shall not exceed the applicable area rate as adjusted for quality, anu * Reflects treating charge deduction. gathering allowance if applicable, pursuant to Opinion No. 662. * Subject to quality adjustments pursuant to Opinion No. 662. * Includes 1.5ft gathering allowance. * The proposed rate is accepted as of the date shown in the “ Effective Date Unless FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 NOTICES 26645

Mobile is currently collecting increased eral Power Commission Offices, 825 North INTERSTATE COMMERCE rates subject to refund which are in excess Capitol Street NE., Washington, D.C., COMMISSION of the just and reasonable rates established October 3, 1973, 1:30 p.m., Room 5200. in Opinion No. 662 (Permian II ). Mobil has [Notice 347] filed herein decreased rates down to the levels 1. Call to order by FPC Coordinating prescribed in that opinion, and concurrently Representative. ASSIGNMENT OF HEARINGS has filed rate increases back up to its current 2. Objectives and purposes of meeting. rate levels. The proposed decreases are ac­ A. Introductory Remarks—Mr. Shearon September 19, 1973. cepted as of August 7, 1973, the effective date Harris. of Opinion No. 662. Mobil’s proposed rate B. Review of Status of Technical Advisory Cases assigned for hearing, postpone­ increases are suspended in the same suspen­ Committee Report Preparation. ment, cancellation or oral argument ap­ sion proceedings applicable to its currently C. Plans for Executive Advisory Commit­ pear below and will be published only effective rates for one day from the date of tee Review of TAC Reports. filing with waiver of the 30 day notice period D. Other Business. once. This list contains prospective as­ granted. 3. Adjournment. signments only and does not include [FR Doc.73-20140 Filed 9-21-73;8:45 am] This meeting is open to the public. Any cases previously assigned hearing dates. interested person may attend, appear be­ The hearings will be on the issues as fore, or file statements with the commit­ presently reflected in the Official Docket NATIONAL POWER SURVEY; EXECUTIVE tee—which statements, if in written ADVISORY COMMITTEE of the Commission. An attempt will be form, may be filed before or after the made to publish notices of cancellation Agenda for Meeting meeting, or if oral, at the time and in the manner permitted by the committee. of hearings as promptly as possible, but Agenda for a meeting of the Execu­ interested parties should take appro­ tive Advisory Committee, to be held at K enneth F. P lumb, the Federal Power Commission Offices, Secretary. priate steps to insure that they are noti­ fied of cancellation or postponements 825 North Capitol Street NE., Washing­ [FR Doc.73-20235 Filed 9-21-73;8:45 am] ton, D.C., October 4, 1973, at 9:30 a.m., of hearings in which they are interested. in Hearing' Room A. MC-5227 Sub 6, Economy Movers, Inc., and 1. Call to order and opening remarks by NATIONAL POWER SURVEY; TECHNICAL MC—114211 Sub 189, Warren Transport, FPC Chairman John N. Nassikas. ADVISORY COMMITTEE ON CONSERVA­ TION OF ENERGY, TASK FORCE ON Inc., now assigned September 28, 1973 at 2. Objectives and purposes of meeting. Omaha, Nebr., is postponed indefinitely. A. Comments by EAC Chairman Shearon PRACTICES AND STANDARDS Harris. Agenda for Meeting MC—F—11613, Brown Transport Corp—Con­ B. Status of Technical Advisory Commit­ trol—Harper Motor Lines, Inc., Finance tee Report Preparation and Plans for Dis­ Agenda for Technical Advisory Com­ Docket No. 27338, Harper Motor Lines, Inc., tribution—Mr. D. G. Lewis, National Power mittee on Conservation of Energy Task Notes, now assigned September 24, 1973, Survey Director. Force on Practices and Standards, to be at Atlanta, Ga., is postponed to October 29, C. Report from Technical Advisory Com­ held at the Federal Power Commission 1973, at Atlanta, Ga., same time and place. mittee on Finance: Development of Future Offices, 825 North Capitol Street NE., Financial Requirements Model—Mr. Gordon. Washington, D.C., September 26,1973, in MC-C-7901, North American Van Lines, R. Corey. Room 6200 at 9:30 a.m. Inc.,—Investigation and Revocation of D. Other Business. Certificates, now assigned October 1,-1973, 3. Adjournment. 1. Meeting called to order by FPC Staff Representative. hearing will be held in the Auxiliary Court This meeting is open to the public. Any 2. Objectives and purposes of the meeting. Room, 2nd Floor, Federal Bldg., 1300 S. interested person may attend, appear be­ A. Introductory remarks by Chairman Harrison Street, Fort Wayne, Ind. fore, or file statements with the commit­ Charles A. Berg. MC-C-7924, Overland Motor Express, Inc., B. Review of revised Chapter VI—Draft Re­ tee—which statements, if in written D.B.A. Boulder-Denver Truck Line, et al. form, may be filed before or after the port on Electricity Pricing and Rate Structures. -V-Englewood Transit Company, now as­ meeting, or if oral, at the time and in 3. Adjournment. signed October 5, 1973, will be eld in the manner permitted by the committee. This meeting is open to the public. Any Room 1430 Federal Bldg., 1961 Stout Street, K enneth F. Plumb, interested person may attend, appear be­ Denver, Colo. Secretary. fore, or file statements with the Com­ MC-F-11840, Consolidated Freightways Cor­ [FR Doc.73-20236 Filed 9-21-73*8:45 am] mittee—-which statements, if in written poration of Del.—Purchase—Harris Motor form, may be filed before or after the Express, Inc., now assigned October 3, 1973, NATIONAL POWER SURVEY; meeting, or, if oral, at the time and in at Washington, D.C., is oanceUed and trans­ ferred to modified procedure. COORDINATING COMMITTEE the manner permitted by the Committee. seal obert swald Agenda for Meeting K enneth F. P lumb, [ ] R L. O , Agenda for a meeting of the Coordi­ Secretary. Secretary. nating Committee, to be held at the Fed­ [FR Doc.73-20234 Filed 9-21-73;8:45 am] [FR Doc.73-20290 Filed 9-21-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 26646 FEDERAL REGISTER

CUMULATIVE LISTS OF PARTS AFFECTED— SEPTEMBER

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

1 CFR Page 7 CFR—Continued Page 7 CFR— Continued Page CFR checklist______23771 401______—______25907 1138 ------24216 725______23935 3 CFR 1139 ------—------24216 777______25665 1207------26354 P roclamations : 864______f.______25427 1421---- 23935, 24634, 25668, 26006, 26182 4239 ______905—______— 24191 ______25665 1430----- :------23939 4240 _ 24193 908___ 24215, 25431, 25907, 26353, 26601 1866------24346 4241 ______■______24881 910______24345, 24890, 25908, 26443 4242 ______26099928______24345 P roposed R ules: 4243 ______:______26101 930____ _—______- ____ 24890 20------_------25690 4244 ______26179 932___;______24215 26------—------23955, 25186 4245 ______26351 944_____ — 26108 46------______26207 4246 ______26441 948______—- 25667 52_____ 24654, 24904, 24907, 24910 981______25668, 26181 Executive O rders : . 722------24911 991_____ — 23771 905------26454 11359 (superseded by 11737) 24883 ' 1001 ______24216 11602 (superseded by E.O. 906______26384, 26614, 26615 1002 ______24216 927______26615 11738)______251611004______— ______— 24216 932______24910 11635 (superseded by 11737) __ 24883 1006______—______—— 24216 945------26384 11659 (amended by 11737)___ 24883 1007 ______24216 981------24911 11737______—______24883 1011 ___ — 24216 1007______25024 11738_:______251611012 ______—__ — 24216 1030—______— 23796, 25448, 25756 Presidential Documents other than 1013— — : —______— 24213 1032______25756 Proclamations and Executive 1015_____ 24216 1046______25756 Orders: 1030______24216 1049 ______25756 Memorandum of August 17, 1033______24216 1050 ______25186, 25756 1973______—______25903 1036______24216 1060______25222 1040______24216 1061— ______25222 4 CFR 1044______24216 1062 ______25756 400______———______24195 1046______24216 1063 ____ 25222 405______1049 ______24216 1064'______25222 1050 ___ 24216, 26182 1065______25222 P roposed R ules 1060 ______24216 1068 ______252222 331_____ — _____ 23971 1061 ______24216 1069 ______25222 351—_____ 23971, 26072 1062 _ 24216 1070_'______25222 400— ______.___UJ 23971 1063 ______—______24216 1071— ______25024 401— ______23971 ¿064______— 24216 1073______24654, 25024 402 ______23971 1065______:______— 24216 1076____ — ______25222 403 ______23971 1068 ______:_ 24216 1078—______.___ 25222 404—______23971 1069 ______24216 1079______25222 1070 ______24216 1090______25024 5 CFR 1071 ______24216 1094______25024 213______2344, 1073______24216 1096 _ 25024, 29130 24885, 25165, 25907, 26181, 26353, 1075—______24216 1097 ______¿ _ — 25024 26443 1076______24216 1098 ______25024 335______1078 ______— 26601 ______24216 1099 ______— 25756 430______1079 26601___ 24216 1102______25024 451______1090______:__ 26601 24216 1104— ______25282 630—______1094 26601______24216 1106______25282 715______— 26601 1096______24216 1108—______25024 6 CFR 1097.______24216 1120___ :______25282 1098 ______24216 U 26______I______25282 102______254271099 ______24216 1127 ______25282 130______242131101 ______24216 1128 ______25282 140______24214 1129 ______25282 150______23794, 1102 _ 24216 1106______24216 1130 __ :______25282 23931, 24214, 24885, 25427, 25686, 1131 ___ 25282 26181,26611 1108______24216 1120 ______24216 1132 ______25282 152______23794, 24214 1138—______25282 155______24885 1121 ______24216 1124______24216 1701______24660 P roposed R ules: 1125—_____ 24216 Ch. I ______249171126______24216 8 CFR 152______23806, 24219, 24667 11271______24216 1128______1______24216 214_____ 248S1, 26354 7 CFR 1129 ______—,___ — 24216 238_____ 24891 2______- ______24633 1130 ______24216 51 ______23931 1131 ______24216 9 CFR 52 ______- 24344, 25165 1132 ______24216 73______;______24346 201______113325661 ______— ______24216 82______23940 250______;__ 24633 1134 ______24216 94______24891, 25669 301______25664 1136 ____ 24216 97______23940 354______23934 1137 ______24216 319______24640

FEDERAL REGISTER, VOL. 38, N O . 184— M ONDAY, SEPTEMBER 24, 1973 FEDERAL REGISTER 26647

9 CFR—Continued Page 15 CFR Page 21 CFR—Continued pag® Proposed R ules : 8_1 ______23777Proposed R ules— Continued 94______24219 256______25908 141e______26006 102------23957 376 ______'___ 23777, 25446 273______26130 104 23957 377 ______25184, 26206 278______26007 1 1 3 - - ______26118 1000______25909 381______— 24374, 26454, 26455 23 CFR 16 CFR P roposed R ules: 10 CFR 13______24352, 770______23969 50------26354 24353, 24634, 25434-25436, 26602 772______25696 55_____ 26354 Proposed R ules: 110------23953 1700—____ — ______25195 24 CFR 42______25172, 26113 12 CFR 17 CFR 200^______25993 2 01______i______23772 210— ______—___ 26182 201__—______—_____ — 25676 204______25985 211______24635 203—______I ______24637 "17—-I I_— —— ______26109 231—— ____ - _____ 24615 205_____ - ______24637, 24896 329______; £ ______25432, 26355 241______24635, 26358 207______24637 506______— ------26355 251______24635 213______- ______24637 506a------26355 271______... _____ 24635 220 ______24637 525 _—------— ------26357 P roposed R ules: 221 ______24637 526 ______23940, 25433 232______24637 545 ____ 24200 230______24668 270______26133 234 ______—_ 24637 546 ------,------24201 235 ______24638 561______— 26110 18 CFR 236 ______24638 563______24202, 26110, 26357 2______26603 241 ______24638 566— 1______— — ______— - 26112 157______— 26603 242 __ 24638 570______26112 244— ______24638, 24896 19 CFR Proposed R ules: 1700______23866 Ch. I ______25171 * 204______25703 1710______23866 1______24354, 25171 1715______23873 217______,__ 26468 4______24354 220 ______26009 1720— ______— — 23874 266____ 26469 P roposed R ules: 1914______23943- 329-______— 26391 1_____ 24374, 25185 23945, 24355-24357, 25677, 25678, 545______24228, 26133 10___ —______25995 25994,26113, 26114, 26367 702______26216 11______25995 1915— ______24358, 24360, 26368 P roposed R ules: 13 CFR 12______„ — _ 25995 19— ______25995 20______—______24222 Proposed R ules: 24— ______23954 201______— ______23803 107 _____ — ______24028 25______25995 205______26132 14 CFR i 113— ______25995 242 ______26132 Ch. I______26444 114— ____ — — 25995 244______26132 39______23941, 141 ______23954 142 ______25995 25 CFR 24347, 24349, 24640, 24641, 25170, i r ______• 24638 25669, 25670, 25905,26358 151______25448 172______25995 251 ______25987 71______»______23941, 252 ______25988 23942, 24204, 24350, 24641, 24892, 20 CFR 256______~______— 23945 25171, 25433, 25905-25907, 26112, 26444, 26445 725—______26042 Proposed R ules: 73_—______- 26445 Proposed R ules: 221______— 23954, 23955 243 ______26118 75______24204, 25171 405_____ 23802, 25448, 26132, 26616 91______—______24893 26 CFR 95.______. „ _ 24893 725______——— 26069 1 __ — ______— 24206, 26184 97—— ______24350," 26446 21 CFR 103______26446 28 CFR 208______24642 Ch. II— ____ —— ______26609 8______24643 2 ______26652 240______26601 17.1______26448 241------24351, 26461 9 — ______i£Li______—— 24206 26______25985 288——______■__ 23772 29 CFR 302______.____ 24894 45______25671 121______24354, 24643, 25437, 26447 201______26449 389______24895, 26113 2 0 2 -1 -______;______26449 399___ 23777, 24642 .135:______- ______:______23942 135b— 24355, 24643, 24895, 25673, 26183 203 ______26449 Proposed R ules: ,135c______24355, 24644, 25673, 26183 204 ______!___ _ 26449 37______25450 135e______—______25674, 25676 205 _____ — ______26449 39______23962 .141______25674 206 ______26449 61______23962 144______— 25437610—______25988 71------__ 23804, .146—______— _____,______25674 612— ____ ^______—— 25989 23969, 24222, 24914, 25195, 25451, 149b____ 25674, 26183 614______25989 25452, 25696, 26007, 26389 A49d:______——— ______25675 1907_____ 25150 75------*______23804 308—______26447 1952______24896, 25172, 26449 121______r______23962 1308______26610 1953— ______24361 139------26389 1401______- ______— 26611 Proposed R ules: Ch. n ______24660 1910— 24300, 24375, 26207, 26459 221 ___ 23804 Proposed R ules: 241------24223, 24661 10______’______—:____ 25195 30 CFR 298______23805, 24662, 26616 27— ______26384 372a______24664 121______24374, 14375, 25694 57______23781 389------24662 130—______24220 Proposed R ules: 399------;______25453 135______25694 504____ :______: 24024

FEDERAL REGISTER, VOL. 38, NO. T84— M ONDAY, SEPTEMBER 24, ’ 9^3 26648 FEDERAL REGISTER

31 CFR Page 40 CFR—Continued Page 43 CFR—Continued Page 91______94897 P roposed R ules: Public Land O rders—Continued 315______24762, 26189 51 ______25697 5396, 5397)_____ — _ 26370-26377 605______24898 52 ______23805, 26390, 26462 5252 (See PLO 5391) ______26372 120______26209, 26463 32 CFR 5253 (See PLO 5389)______26371 180______23806, 24667, 24918, 25455 5254 (See PLO 5393)______26373 166____ 25990 411 ______24462 26190 5253 (See PLO 5396)______26376 802____ 412 ____ 24466 5321 (See PLO 5391)______26372 806____ 26190 422______24470 809____ 23945 5383------25684 1285— 24206 41 CFR ( 5387------26370 1453— 24210 5388 ------26370 1-1______24210 5389 -----:------— 26371 P roposed R ules: 1-9______23782 5390 ------26372 1604______25704 1-18______23791 5391— ----- — ------26372 1623-:___ — 26392 3-16______24644 5392 ------26373 1626______26392 8-4______26368 5393 -- _------26373 1628______26392 8-16— ______26369 5394 ------26375 1631 _____ 26392 8-95______26369 5395 ------26375 1632 ______26392 101-25______26604 5396 ------26376 1641______26392 105-64______26604 5397 ------,__ 26377 114-43______26370 32A CFR 114-50______24649 45 CFR Ch. IV : 74----- ^------— ______26274 BP Notice 1______25175 42 CFR 201______26320 Ch. X : 21______25683 205_____ 26378 Reg. 1 51 ______26194 220— ______26320 Ch. X I 51a______26195 233______:______26379, 26608 OIAB Rules and Procedures_26103 51b______26196 234______26380 Ch. X III: 52 ______26196 401______26320 EPO Reg. 3______— 23977 53— ____ — 26196 403 ______26320 P roposed R ules: 54 ______;______26197 404 _ 26320 Ch. X - ______26005 55 _____ ^______26197 405 ______26320 56 ______26197 406__— ____ 26320 33 CFR 57 ______26198 408_____ 26320 117— 25433, 26115 59______— — 26198 416______26320 127______24898 59a______26199901______26201 207______25176 87___ __:______1— ______— _ 26199 903 ______26201 401______24210 91______: ______26200 904 ______26201 Proposed R ules: 205 ______,______26201 905 ______26201 206 ______— _ 26201 909______24900, 26201 117______24912-24914, 25455 208______26201 127______23804 Proposed R ules: P roposed R ules: 8 3 lr______26384 35 CFR 50______26459 190______26660 5______— ______— 25438 43 CFR 221______24872 233______23802 36 CFR 4__ 249 ______26460 50______24218 3830 24650 250 ___ 25450 221______23948 4710 24650 903______:____ _ 23912 Proposed R ules: Public Land O rders: 7______23796, 24912, 25185 5169 (Amended by PLO 5396) _ 26376 46 CFR 5170 (Amended by PLO 5395) _ 26375 P roposed R ules: 38 CFR 5171 (Amended by PLO 5389) _ 23371 146_____ 23959 1______24364 5172 (Amended by PLO 5392) _ 26373 542______23979 2______24366 5173 (Amended by PLO 5391) _ 263^2 538______24228 17______24366,. 26190 5175 (Amended by PLO 5394) _ 26375 21— ______23948 5176 (Amended by PLO 5393)_ 26373 47 CFR ______25678 5177 (Amended by PLO 5397) _ 26377 36______0 ______24900 P roposed R ules: 5179 (Amended by PLO 5389, 5393, 5395, 5396, 5397)___ 26370- 1 ______^______26202 26393 17. 26377 2______24901, 25180, 25991 13______25684 39 CFR 5180 (Amended by PLO 5388, 5393, 5394, 5396, 5397) — i 26370- 23____ 24901 235______26193 26377 73 _ 24367, 3000 ______— 24898 5181 (Amended by PLO 5388, 25991, 26203, 26204, 26380, 26451, 3001 _____ a______— 24898 5394)— ______26370-26377 26453 5186 (Amended by PLO 5393) _ 26373 74 ______25991, 25992, 26381 40 CFR 5191 (See PLO 5391, 5392, 5394, 81______24211, 25180, 25991 35______24639, 26358 5396, 5397)______26370-26377 83______24368, 25180, 25992 50______25678 5192 (See PLO 5389, 5393, 5395, 87______25684 52______..______24333, 26324 5396, 5397)______26370-26377 89______24901 91______25182, 26381 80______-j .______— _____ 26449 5193 (See PLO 5393, 5394, 5395, 113______25439 5396, 5397)______26370-26377 93______24901 120______26358 5194 (See PLO 5388, 5394) ___ 26370- 97______;______;______24211 126______— 25681 26377 Proposed R ules: 129______:______24342 5213 (See 5391)______26372 61______24920 162______26360 5250 (See PLO 5389, 5393, 5395, 168______1______26360 5396, 5397)_____ 26370-26377 26008, 26211, 26212, 26380, 26463- 180— ______23781, 25440, 26450 5251 (See PLO 5393, 5394, 5395, 26465

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 FEDERAL REGISTER 26649

49 CFR Paga 49 CFR—Continued Page 50 CFR Page 24901, 24902 1056______20— 26608______23793, 26609 ______23791 1115______23953, 24903, 25686, 26609 3 2 .______23793, 1121____ 24902 23794, 24212, 24369-24373, 24650- 172 ______23792 1134______26205 177 ______23792 1140__— ______26205 24652, 25183, 25441-25445, 25686, P roposed R ules: 25992, 26115, 26116, 26205, 26381- 30? ______Mastes® —l______25182 172 ______24915 26383 570 __— . - - _ 23949, 25685 173 ______33_____ 24915 .1______: ______25445 ](M3 ______— 26205 393_____ 24223, 25452, 25696, 26461 253______26116 1033— ------23792, 542______23979Proposed R ules: 23793, 23952, 24212, 24902, 25183, 571______23804 25685, 26205 1057______24228 21______23796 1048------____ 24368 1131______23979 32______25693

FEDERAL REGISTER PAGES AND DATES— SEPTEMBER Pages Date 23765-23922. Sept. 4 23923-24184. 5 24185-24326. 6 24327-24625. 7 24627-24874. 10 24875-25154. 11 25155-25420. 12 25421-25654. 13 25655-25895. 14 25897-26091. 17 26093-26171 18 26173-26344. 19 26345-23433. 20 26435-26593 21 26595-26668. 24

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973

MONDAY, SEPTEMBER 24, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 184

PART II

PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS

Revision of Organization, Operation and Procedures

No. 184—Pt. II---- 1 26652 RULES AND REGULATIONS

Title 28— Judicial Administration Sec. or after fifteen years o f a life sentence, or 2.29 Community supervision by United CHAPTER I— DEPARTMENT OF JUSTICE of a sentence of over forty-five years States Probation Officers. (18 U.S.C. 4202.) PART 2— PAROLE, RELEASE, SUPERVI­ 2.30 Same; sponsorship of parolees. SION AND RECOMMITMENT OF PRISON­ 2.31 Same; changes in parole plan. § 2.4 Same; indeterminate sentence. 2.32 Same; travel by parolees and manda­ ERS, YOUTH OFFENDERS, AND JUVE­ tory releasees. A Federal prisoner, other than a ju­ NILE DELINQUENTS 2.33 Same; supervision reports. venile delinquent or a committed youth Organization, Operation and Procedures 2.34 Duration of period of community su­ offender, who has been sentenced to a pervision. The following rules reflect the revised maximum term of imprisonment in ex­ 2.35 Committed fines. cess of one year may, if the court has organization, operation, and procedures 2.36 Mandatory release in the absence of of the United States Board of Parole, parole. designated a minimum term to be served, 2.37 Same; youth offenders.. which term may be less than, but not and are published under the authority more than, one third of the mavirmini of 28 CFR, Part O, Subpart V, and 18 2.38 Revocation of parole or mandatory re­ U.S.C. §§ 4201-4210, 5001-5037. lease. sentence imposed, be released on parole 2.39 Same; youth offenders. after serving the minimum term. In The Board of Parole expressly dis­ 2.40 Same; warrant placed as detainer and cases in which a court imposes a maxi­ claims that its rules are subject to the dispositional interview. mum sentence of imprisonment upon rule making provisions of the Adminis­ 2.41 Same; execution of warrant; notice of a prisoner and specifies that the pris­ trative Procedure Act, 5 U.S.C. § 553(b) aUeged violations. oner may become eligible for parole at and does not acquiesce in the Order of 2.42 Same; unexpired term of imprison­ such times as the Board may determine, the United States District Court for the ment. 2.43 Revocation by the Board. the prisoner niay be released on parole District of Columbia, dated July 25,1973, 2.44 Same; legal counsel and witnesses at at any time in the discretion of the in Richard Pickus, et al. v. U.S. Board preliminary interviews and revoca­ Board. (18 U.S.C. 4208.) of Parole, Civil Action 112-73, from tion hearings. which Order the Board of Parole has filed 2.45 Discharge from supervision. § 2.5 Same; juvenile delinquents. an appeal to the United States Court of 2.46 Same; youth offenders. A juvenile delinquent who has been Appeals for the District of Columbia 2.47 Setting aside of conviction. committed and who, by his conduct, has Circuit. 2.48 Jurisdiction over District of Columbia given satisfactory evidence that he has prisoners. These rules will become effective in 2.49 Jurisdiction over District of Columbia reformed, may be released on parole at the Board’s Northeast Region (Region committed youth offenders. any time under such terms and condi­ I) on October 1, 1973, and will apply to 2.50 Confidentiality of parole records. tions as the Board deems proper if it all subsequent parole and parole revo­ 2.51 Mental competency proceedings. shall appear to the satisfaction of the Board that there is reasonable prob­ cation hearings conducted in that re­ A u th o rity.— 18 U.S.C. 4201-4210, 5001- gion. Region I is comprised of the fol­ 5037, 28 CFR Part 0, Subpart V. ability that the juvenile will remain at lowing states: Maine, New Hampshire, liberty without violating the law. (18 Vermont, Massachusetts, Rhode Island, § 2.1 Definitions. U.S.C. 5037.) Connecticut, New York, New Jersey, (a) For the purposes of this part, the § 2.6 Same; committed youth offenders. Pennsylvania, Delaware, Maryland, Vir­ term “Board” means the United States ginia, West Virginia, and the District of Board of Parole; and the terms “Youth The Youth Correction Division may Columbia. Federal prisoners outside of Correction Division” and “Division” each at any time, after reasonable notice to the Northeast Region will be considered mean the Youth Correction Division of the Director o f the Bureau of Prisons, for parole and parole revocation under the Board. release conditionally under supervision the Board’s present rules until such time (b) As used in this part, the term “Na­ a committed youth offender. A youth of­ as the revised procedures are made ap­ tional Appellate Board” means the fender committed under section 5010(b) plicable to other regions as these regions Chairman, Vice Chairman and at least of Title 18 of the United States Code to a become operational. one member of the Board, all of whom maximum six-year term shall be released Part 2 of 28 CFR is revised to read as also serve as National Appellate Board conditionally under supervision on or follow s: members in the headquarters office, i.e., before the expiration of four years from Washington, D.C. the date of his conviction. A youth of­ Sec. fender committed under section 5010(c) 2.1 Definitions. (c) All other terms used in this part of Title 18 of the United States Code 2.2 Granting of parole. shall be deemed to have the same mean­ to a maximum term which is more than 2.3 Eligibility for parole. ing as identical or comparable terms have six years shall be released conditionally 2.4 Same; indeterminate sentence. when those terms are used in Chapter 2.5 Same; juvenile delinquents. under supervision not later than two 311 of Part IV of Title 18 of the United years before the expiration of the term 2.6 Same; committed youth offenders. States Code. 2.7 Youth offenders; observation and study. imposed by the court. (18 U.S.C. 5017.) 2.8 Date service of sentence commences. § 2.2 Granting o f parole. 2.9 Parole of prisoners subject to local § 2.7 Youth offenders; observation and detainer. The granting of parole rests in the dis­ study. 2.10 Parole of prisoner subject to deporta­ cretion of the Board of Parole. The Board The court may order a youth to be tion. may parole a prisoner who is otherwise committed to the custody of the Attor­ 2.11 Application by prisoner. eligible if (a) in the opinion of the Board 2.12 Withheld and forfeited good time. ney General for observation and study at such release is not incompatible with the an appropriate classification center or 2.13 Delegation to hearing examiners. welfare of society; (b) he has observed 2.14 Reports considered. agency. W ithin sixty days from the date 2.15 Initial hearing. substantially the rules of the institution of the order, or such additional period as in which he is confined; and (c) there is 2.16 Communication with the Board. the court may grant, the Youth Correc­ 2.17 Review hearings. reasonable probability that he will live 2.18 Hearing procedure. and remain at liberty without violating tion Division shall, pursuant to the au­ 2.19 Parole of prisoner in state or territorial the laws. (18 U.S.C. 4203(a)) thority delegated to the Division by the Institutions. § 2.3 Eligibility for parole. Attorney General by § 0.127(b) (3) of 2.20 Appeal of hearing panel decision. this chapter, report its findings to the 2.21 Appeal to National Appellate Board. A Federal prisoner, other than a ju­ 2.22 Original jurisdiction cases. venile delinquent or a committed youth court. (18 U.S.C. 5010(e)) 2.23 Appeal of original jurisdiction deci­ sions. offender, wherever confined and serving § 2.8 Date service o f sentence com- 2.24 Consideration by the Board. a definite term or terms of over one merices. 2.25 Release plans. hundred and eighty days may, in accord­ (a) Service of a sentence of imprison­ 2.26 Release; discretionary power of Board. 2.27 Reopening of cases. ance with the regulations prescribed in ment commences to rim on the date on 2.28 Petition for consideration of parole this part, be released on parole after which the person is received at the prior to date set at hearing. serving one third of such term or terms penitentiary, reformatory, or jail for

FEDERAL REGISTER, VOL. 38, N O . 184— M ONDAY, SEPTEMBER 24, 1973 RULES AND REGULATIONS 26653 service of the sentence: Provided, how­ oners to be paroled if they have observed reports by the prosecuting officer and the ever that any such person shall be al­ the rules of the institution in which they sentencing judge, records from the Fed­ lowed credit toward the service o f his are confined and if they are otherwise eral Bureau of Investigation, report from sentence for any days spent in custody in eligible for parole. Any forfeiture of the officials m each institution in which connection with the offense or acts for statutory good time shall be deemed to the applicant shall have been confined, which sentence was imposed. indicate that the prisoner has violated all records of social agency contacts, and (b) Service of the sentence of any the rules of the institution to a serious all correspondence and such other rec­ person who is committed to a, ja il or degree, and a parole will not be granted ords as are necessary or appropriate for other place of detention to await trans­ in any such case in which such a for­ a complete presentation of the case. Be­ portation to the place at which his sen­ feiture remains effective against the fore making a decision as to whether a tence is to be served shall commence to prisoner concerned. Any withholding of parole should be granted or denied in run from the date on which he is re­ statutory good time shall be deemed to any particular case, the Board will con­ ceived at such ja il or other place of indicate that the prisoner has engaged in sider all available relevant and pertinent detention. some less serious breach of the rules of information concerning the case. The (c) Service of the sentence of a com­ the institution. Nevertheless, parole will Board encourages the submission of such mitted youth offender commences to run not usually be granted unless and until information by interested persons. and continues to run uninterruptedly such good time has been restored. § 2.15 Initial hearing. from the date of conviction. (b) Neither a forfeiture of good time nor a withholding of good time shall bar (a) Initial hearings shall be conducted § 2.9 Parole of prisoner subject to local a prisoner from applying for and receiv­ by examiners designated by the Board. detainer. ing a parole hearing. The examiner panel shall inform the prisoner of the decision and, if parole is A prisoner, after he becomes eligible § 2.13 Delegation to hearing examiners. for parole, may, in the discretion of the denied, of the reasons therefor. This de­ Board, be released to the custody of an (a) As provided below, the Board of cision of the examiner panel, subject to authorized official who has lodged a de­ Parole may delegate to hearing ex­ the provisions of § 2.13(b) and (c), shall tainer against the prisoner, and, in such, aminers the authority to make decisions be final unless action is initiated by the case, the Board may expressly provide relative to the granting or denial of Regional Director pursuant to § 2.13(e). that the prisoner be released only to the parole or reparole; and revocation or (b) In accordance with, § 2.2, the rea­ detaining authorities. reinstatement of parole or mandatory sons for parole denial may include, but release. are not limited to, the following reasons § 2.10 Parole o f prisoner subject to de­ (b) Hearing examiners shall function with further specification where appro­ portation. as two-man panels and the concurrence priate: A prisoner, who is an alien and subject of both examiners shall be required for (1) Release at this time would depre­ to deportation, may be released on parole their decision. In the event of a split de­ ciate the seriousness of the offense com­ on the express conditions that he be de­ cision by the panel, the appropriate re­ mitted and would thus be incompatible ported and that he remain outside of the gional Administrative Hearing Examiner with the welfare of society. jurisdiction of the United States. Any shall cast the deciding vote. (2) There does not appear to be a rea­ such prisoner, when his parole becomes (c) When a hearing examiner panel sonable probability at this time that the effective, shall be delivered to a duly proposes to make a decision which falls prisoner would live and remain at liberty authorized immigration official for de­ outside of explicit guidelines for parole without violating the law. portation. Alien prisoners who are decisionmaking promulgated by the deemed fit for release into community (3) The prisoner has (a serious) (re­ Board, the concurrence of the appro­ peated) disciplinary infraction (s) in the supervision by the Board, even though priate regional Administrative Hearing they may eventually be deported under Examiner is required. institution. detainers filed against them, may be (d) In the event the Administrative 44) Additional institutional treatment paroled generally; provided, that immi­ Hearing Examiner is serving as a mem­ is required to enhance the prisoner’s ca­ gration authorities shall be notified of all ber of a hearing examiner panel or is pacity to lead a law-abiding life. such general paroles, as well as other otherwise unavailable, cases requiring his (c) Written notification of the deci­ forms of release, and of the effective date action under paragraphs (b) or (c) of sion shall be mailed or transmitted to the of such releases as established by orders this section will be referred to another prisoner within fifteen working days of of the Board. In such cases, the Board hearing examiner. the date of the hearing. If parole is de­ may parole the prisoner subject either nied, the prisoner shall also receive in “to the immigration detainer only” or “to (e) However a Regional Director may writing as part of the decision the rea­ the immigration detainer or an approved review the decision of any examiner panel and submit this decision, prior to written sons therefor. plan should the detainer be lifted.” notification to the prisoner, with his § 2.16 Communication with the Board. §2.12 Application by prisoner. recommendation and vote to the National Attorneys, relatives, or interested par­ A prisoner, other than a juvenile de­ Appellate Board for reconsideration and ties wishing a personal interview to dis­ linquent or a committed youth offender, any action it may deem appropriate. cuss a specific case with a representative desiring to apply for a parole shall exe­ Written notice of this reconsideration of the Board of Parole must submit a cute such form or forms as may be pre­ action shall be mailed or transmitted to written request to the appropriate re­ scribed by the Board. Such forms shall the prisoner within fifteen working days gional office setting forth the nature of be available at each Federal institution o f the date of the hearing. the information to be discussed. and shall be provided to prisoners eligi­ CD All decisions made under para­ ble for parole. Juvenile delinquents and graphs (b) and (c) of this section and § 2.17 Review hearings. committed youth offenders shall not the action of the National Appellate All hearings subsequent to the initial apply for parole. Instead, regular hear­ Board under paragraph (e) of this sec­ hearing shall be considered as review ings, whieh may not be waived, shall be tion shall be subject to a prisoner’s right hearings. Review hearings by examiners scheduled for eaeh juvenile and commit­ of appeal as provided in §§ 2.20 and 2.21. designated by the Board shall be sched­ uled for each Federal institution, and ted youth offender by the Youth Correc­ § 2.14 Reports considered. tion Division. The Division may order prisoners shall appear for such hearings parole as the result of any such hearing Decisions as to whether a parole shall in person, except those with, continuance or may order a later review of the ad­ be granted or denied shall be determined of six months or less. Such cases shall justment of the juvenile or youth con­ on the basis of the application, if any, be considered by an examiner panel on cerned. submitted by the prisoner, together with the basis of the prisoner’s record and a the classification study and all reports written institutional report. Notification § 2.12 Withheld and forfeited’ good time. assembled by all the services which shall (a) Section 4202 o f Title 18 o f the have been active in the development of of review hearing decisions shall be given United States Code permits Federal pris­ the case. These reports may include the as set forth in § 2.15.

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 26654 RULES AND REGULATIONS

§ 2.18 Hearing procedure. pellate hearing must submit a written or against parole at this appeal hearing (a) Prisoners shall be given written request to the responsible Regional must submit a written request to the notice of the time and place of the hear­ Director. Chairman of the Board. ing described in § 2.15 and § 2.17. Prison­ (c) If no request for appeal is made (c) If no request for appeal is made ers may be represented at hearings by a within thirty days of entry of the orig­ within thirty days of the entry of the person of their choice. The function o f inal decision, this decision shall stand Regional Directors’ decision, this deci­ the prisoner's representative shall be to as the final decision of the Board. sion shall stand as the final decision of offer a statement at the conclusion of § 2.21 Appeal to National Appellate the Board. the interview of the prisoner by the ex­ Board. § 2.24 Consideration by the Board. aminer panel and to provide such addi­ (a) A prisoner may file a written ap­ In the exercise of its discretion, the tional information as the examiner panel peal of the Regional Director’s decision Board generally considers, but is not lim­ shall request. Interested parties who op­ with the National Appellate Board. The ited to, the following factors: pose parole may select a representative appeal must be submitted within thirty (a) Sentence data. (1) Type of sen­ to appear and offer a statement. The days after the entry of the Regional Di­ tence. presiding hearing examiners shall limit rector’s written decision. The National (2) Length of sentence. or exclude any irrelevant or repetitious Appellate Board may, upon the concur­ (3) Recommendations of judge, U.S. statement. rence of two members, affirm, modify, or Attorney, and other responsible officials. (b) No interviews with the Board, or reverse the decision, or order a rehearing (b) Present offense. (1) Facts and cir­ any representative thereof, shall be at the institutional or regional level. cumstances of the offense. granted to a prisoner unless his name is (b) Decisions of the National Appel­ (2) Mitigating and aggravating fac­ docketed for a hearing in accordance late Board shall be final. tors. with Board procedures. Hearings shall § 2.22 Original jurisdiction cases. (3) Activities following arrest and not be open to the public, and the rec­ prior to confinement, including adjust­ ords of all such hearings shall be treated (a) A Regional Director may desig­ ment on bond or probation, if any. as confidential and shall not be open to nate certain cases to be within the orig­ (c) Prior criminal record. (1) Nature inspection by the prisoner concerned, inal jurisdiction of the Regional Direc­ and pattern of offenses. his representative or any other unau­ tors. All original jurisdiction cases shall (2) Adjustment to previous probation, thorized person. be heard by a panel of hearing exami­ parole, and confinement. § 2.19 Parole o f prisoner in state or ter­ ners who shall follow the procedures pro­ (3) Detainers. ritorial institutions. vided in § 2.18. A summary of this hear­ (d) Changes in motivation and be­ ing and any additional comments that havior. (1) Changes in attitude toward Any person who has been convicted the hearing examiners may deem ger­ self and others. of any offense against the United States, mane shall be submitted to the five Re­ (2) Reasons underlying changes. which is punishable by imprisonment but gional Directors. The Regional Directors (3) Personal goals and description of who is confined therefor in a state re­ shall by a majority vote serve as the formatory or other state or territorial personal strength or resources available original decisionmakers. to maintain motivation for law-abiding institution, shall be eligible for parole by (b) The following criteria will be used behavior. the Board on the same terms and condi­ in designating cases for the original ju­ (e) Personal and social history. (1) tions and by the same authority, and risdiction of the Regional Directors: Family and marital history. subject to recommital for the violation (1) National Security. Prisoners who (2) Intelligence and education. of such parole as though he were con­ have committed serious crimes against (3) Employment and military experi­ fined in a Federal penitentiary, reform­ the security of the nation, e.g., espionage ence. atory, or other correctional institution. or aggravated subversive activity. (4) Physical and emotional health. However, a prisoner who is serving con­ (2) Organized Crime. Prisoners who (f) Institutional experience—-(1) Pro­ current state and federal sentences in a in the Board’s judgment were profes­ gram goals and accomplishments. (A) state institution may be considered for sional criminals or played a significant Academic. parole by an examiner panel on the role in organized criminal activity. (B) Vocational education, training or record only. (3) National or unusual interest. Pris­ work assignments. § 2.20 Appeal of hearing panel decision. oners who have received national or un­ (C) Therapy. usual attention because of the nature of (a) A prisoner may file with the re­ the crime, arrest, trial or prisoner status, (2) General adjustment. (A) Inter­ sponsible Regional Director a written or because of the community status of personal relationships with staff and request for appeal of a hearing panel de­ the offender or his victim. inmates. cision to grant, deny, or revoke parole (4) Long-term sentences. Prisoners (B) Behavior, including misconduct. or to revoke mandatory release. This re­ sentenced to a maximum term of twenty- (g) Community resources, including quest for appeal must be filed within five years (or more), or prisoners serv­ release plans. (1) Residence; live along, thirty days from the entry of such de­ ing a life sentence. with family, or others. cision. The appeal shall be considered (2) Employment, training, or aca­ by the Regional Director who may affirm § 2.23 Appeal o f original jurisdiction decisions. demic education. the decision, order a new institutional (3) Special needs and resources to hearing, order a regional appellate hear­ (a) Cases decided under the proce­ meet them. ing, reverse the decision, or modify a dure specified in § 2.22 may be appealed continuance or the effective date of pa­ within thirty days of the entry of the (h) Use o f scientific ^data and tools. role. Reversal of an examiner panel de­ decision to the National Appellate Board. (1) Psychological and psychiatric tests cision or the modification of such a The National Appellate Board, upon the and evaluations. decision by more than ninety days, concurrence of two members may affirm (2) Statistical parole experience ta­ whether based upon the record or follow­ the decision or schedule the case for bles (salient factor score). ing a regional appellate hearing, shall re­ hearing before the entire Board at its (i) Decision guidelines. The Board quire the concurrence of two out of three next quarterly meeting. A quorum of six shall adopt and periodically review ex­ Regional Directors. Appeal decisions re­ members shall be required and all deci­ plicit guidelines for parole decision­ quiring a second or additional vote shall sions shall be by a majority vote. The making to insure consistent treatment be referred to other Regional Directors Chairman shall vote on the decision only of similarly situated offenders. on a rotating basis. in the absence of a member. This appel­ (j) Comments by hearing examiners. (b) Attorneys, relatives, or other in­ late decision shall be final. Evaluative comments supporting a de­ terested parties who wish to appear for (b) Attorneys, relatives, or other in­ cision, including impressions gained (or against) a prisoner at a regional ap- terested parties who wish to speak for from the hearing.

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 RULES AND REGULATIONS 26655

§ 2.25 Release plans. sideration of parole prior to the date set § 2.33 Same; supervision reports. by the Board at the initial or review All parolees and mandatory releasees (a> la general, the following factors hearing. The petition must show cause should be present before a prisoner is shall make such reports to the United why it should be granted, i.e., an emer­ States Probation Officers to whom they released after parole has been granted. gency, hardship, or other extraordinary (1) There should be available to the have been assigned as may be required circumstances exist that would warrant by the Board. On the basis of summary parolee an adviser who is a responsible consideration of early parole. citizen living in or near the community reviews of the progress of parolees, sub­ in which the parolee will reside. The § 2.29 Community supervision by United mitted in accordance with Board pro­ probation officer may serve as such ad­ States Probation Officers. cedures, the Board may modify the re­ viser in appropriate cases with approval Pursuant to section 3655 of Title 18 porting requirement of parolees and of the Board; of the United States Code, United States releasees. (2) There should be satisfactory evi­ Probation Officers are required to pro­ §. 2.34 Duration o f period o f community dence that the prospective parolee will vide such parole services as the Attorney supervision. be legitimately employed following his General may request. The Attorney Any prisoner, with the exception of release; and General has delegated his authority in (3) There should be satisfactory as­ those sentenced prior to June 29, 1932, this regard to the Board (28 CPR 0.126 who is paroled under the provisions of surance that necessary after care will be (b>) . In conformity with the foregoing, available to a parolee who is ill or who laws relating to parole, shall continue probation officers function as parole of­ on parole until the expiration of the has some other demonstrable problem ficers and provide supervision to parolees which requires special care. maximum term or terms specified in his and mandatory releases under the sentence without deductions of allow­ (b) Generally, parolees will be re­ Board’s jurisdiction. leased only to the place o f their legal ance for good time. Prisoners sentenced residence unless the Board is satisfied § 2.30 Same; sponsorship o f parolees. prior to June 29, 1932, shall receive re­ ductions in their maximum term or that another place of residence will serve It is the policy of the Youth Correc­ the public interest more effectively or tion Division to cooperate with groups terms of imprisonment for such good will improve the probabilities of the ap­ desiring to serve as sponsors of parolees. time allowances as may be authorized plicant’s readjustment. Any of the re­ The functions and responsibilities of by law. quirement» described in paragraphs (a) sponsors are prescribed by rules and reg­ § 2.35 Committed fines. ._a and (b) of this section may be waived ulations adopted by the Division. In all In any case In which a prisoner shall by the Board whenever circumstances cases, sponsors are subordinate to and warrant such waiver. have had a fine imposed upon him by the cooperate with probation officers to committing court for which he is to stand (c) Insofar as it is practicable, the de­ whom the parolees are assigned. committed until it is paid or until he Is tails of each plan for release shall be § 2.31 Same ; changes in parole plan. otherwise discharged according to law, verified by a field investigation by the such prisoner shall not be released on United States Probation Officer of the A parole plan approved by the Board parole or mandatory release until pay­ district into which release will be made. with respect to a prisoner may be ment of the fine is resolved according to changed after release of the prisoner § 2.26 Release; discretionary power o f law. Board. upon application by a probation officer and approval by the Board. § 2.36 Mandatory release in the absence When an effective date has been set of parole. by the Board, release on that date shall § 2.32 Same; travel by parolees and mandatory releasees. Whenever an applicant shall have been be conditioned upon continued good con- denied a parole and there shall have duet by the prisoner and the completion Except as otherwise provided in this been no subsequent change in tile Board’s of a satisfactory plan for his supervision. section, it is the general rule of the Board order of denial such individual shall be The appropriate Regional Director may, that a parolee may travel outside his released by operation of law. Such man­ on his own motion, reconsider any case supervision district only with the prior datory release shall occur at the end prior to release and may reopen and ad­ approval of the Board. Travel outside of the sentence imposed by the court less vance, postpone,, or rescind a parole a district without prior Board approval such good time and extra good time de­ which has been granted. I t such a previ­ may be authorized by a probation officer ductions as he may have earned through ously granted parole is rescinded, or post­ subject to the following-described his behavior and efforts at the institution poned for more than sixty days, the limitations. of confinement. He shall be released as prisoner will be given a new hearing in (a) Board approval shall be required though on parole, with supervision until accordance with § 2.18, except that a for vacation trips outside the district. the expiration of the maximum term or postponement for development and ap­ (b) Board approval shall be required terms for which he was sentenced less proval of release plans up to one hundred for recurring travel outside the district, one hundred and eighty days. Insofar and twenty days may be had without a except in cases involving parolees who as possible release plans shall be com­ new hearing. The Board, or a member cross district boundaries to engage in or pleted before the release of any such thereof, may add to or modify the con­ seek employment or for shopping or prisoner and he shall be continued under ditions of parole at any time. recreation, if such travel is not more supervision for any period in excess of § 2.27 Reopening o f eases. than fifty miles from the district line. one hundred and eighty days which re­ Notwithstanding the appeal procedure (e) Board approval shall be requiredmains of his term, under such conditions of §§ 2.20 and 2.21, the appropriate for travel outside the continental limits as may be prescribed by the Board. Regional Director may on his own mo­ of the united States, including travel or §2.37 Same; youth offenders. work aboard ship. tion reopen any case at any time upon A prisoner committed under the Youth the receipt o f new inform ation of sub­ (d) Board approval shall be required in any case in which specific travel con- Corrections Act must be released con­ stantial significance. Original jurisdic­ ditionally under supervision not later tion cases may be reopened under the ditions have been imposed upon the pa­ procedure of this section on the motion rolee by the Board. than two years before the expiration of of two out of three Regional Directors. Board approval shall not be required for the term imposed by the court. § 2.28 Petition for consideration of pa­ temporary leave to enter another district §2.38 Revocation o f parole or manda­ role prior to date set at- hearing. for a period not to exceed twenty days tory release. When a prisoner has met the minimum to investigate reasonably certain employ­ Ca> If a parolee or mandatory releasee time of imprisonment required by law, ment possibilities, if such leave shall have violates any of the conditions under the Bureau of Prisons may petition the been approved by the probation officer which he shall have been released, and responsible Regional Director for con­ concerned. satisfactory evidence thereof is presented

FEDERAt REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 26656 RULES AND REGULATIONS

to the Board, or a member thereof, a signed and placed in the mail at the may be represented by counsel at the warrant may be issued and the offender {Board headquarters or regional office preliminary interview, the revocation returned to an institution. Warrants before the expiration of the maximum hearing, or both, as authorized by § 2.43, shall be issued only by the Board, or a term o f sentence. and that he may present documentary member thereof. (b) On arrest of the prisoner the offi­ evidence and testimony o f voluntary (b) A warrant for the apprehension of cer executing the warrant shall deliver witnesses who have relevant and mate­ any parolee shall be issued only within to him a copy of the Warrant Applica­ rial inform ation. The alleged violator the maximum term or terms for which tion listing the alleged violations of pa­ must, however, arrange for the appear­ the prisoner was sentenced. role or mandatory release upon which ance o f counsel and witnesses and pres­ (c) A warrant for the apprehension of the warrant was issued. entation of documentary evidence. The any mandatory releasee shall be issued presiding hearing examiner shall limit § 2.42 Same; unexpired term of impris­ or exclude any irrelevant or repetitious only within the maximum term or terms onment. for which the prisoner was sentenced, statement. less one hundred and eighty days. Service of the unexpired term of im­ (b) Such alleged violator shall also be prisonment of any such prisoner shall advised that if he is financially unable § 2.39 Same; youth offenders. begin to run on the date he is returned to retain counsel, he may make appli­ In addition to issuance of a warrant to the custody of the Attorney General cation to the United States District on the basis of violation of any of the under a violator warrant, and the time Court, which court may in its discretion conditions of release, the Youth Correc­ the prisoner was on parole or mandatory appoint counsel to represent him if it tion Division may, when the Division is release shall not diminish the time he finds that he is financially unable to of the opinion that such youth offender was sentenced to serve. retain counsel and that the interests of would benefit by further treatment, di­ § 2.43 Revocation by the Board. justice require appointment of counsel rect his return to custody or issue a war­ for the preliminary interview or revoca­ rant for his apprehension and return to (a) A prisoner who is retaken on a war­ tion hearing, or both. custody. Upon return to custody, such rant issued by a Board Member shall be (c) When the alleged violator has not youth offender shall be given an oppor­ given a preliminary interview by an been convicted o f a new criminal offense tunity to appear before the Division, or official designated by the Board. This while under supervision and does not ad­ hearing examiner(s). The Division may preliminary interview shall be held prior mit violation of any of the conditions then, or at its own discretion, revoke ite to the possible return of the prisoner to o f his parole or mandatory release, the order of conditional release. a Federal institution. Following receipt Board shall on request o f the alleged of a summary or digest of the prelimi­ violator or, on its own motion, ask ad­ § 2.40 Same; warrant placed as detainer nary interview, the Board or a member and dispositional interview. verse witnesses, i.e., persons whose testi­ thereof, unless he decides to reinstate mony would support revocation, to at­ (a) In those instances where the pris­ the prisoner to parole or mandatory tend the preliminary interview or the oner is serving in an institution on a release supervision, shall give the pris­ revocation hearing to permit cross-ex­ new sentence, the warrant may be placed oner an opportunity to appear at a revo­ amination. However, such an adverse there as a detainer. The prisoner shall be cation hearing before a hearing exam­ witness need not appear for confronta­ advised that he may communicate with iner panel designated by the Board. tion and cross-examination if the hear­ the Board relative to disposition of the (b) If the prisoner requests a local ing officer or examiner panel finds good warrant. Should further information be hearing prior to his return to a Federal cause for his nonappearance. deemed necessary, the Regional Director institution, he shall be given a revoca­ may designate a hearing examiner to tion hearing reasonably near the place § 2.45 Discharge from supervision. conduct a dispositional interview at the of an alleged violation if the following When the Board shall have modified institution where the prisoner is con­ conditions are met: (1) The local hear­ the reporting requirement of a parolee fined. At such dispositional interview, the ing would facilitate the production of and a period o f at least one year shall prisoner may be represented by counsel witnesses or the retention of counsel; have passed since the modification oc­ of his own choice and may call witnesses (2) the prisoner has not been convicted curred, the Board may further order that in his own behalf, provided that he bears of a crime committed while under com­ the parolee be released from all super­ their expenses. He shall be given timely munity supervision; and (3) the prisoner vision by the probation officer. In such notice of the dispositional interview and denies that he has violated any condi­ cases, however, the parolee may be rein­ its procedure. tion of his release. Otherwise, he shall stated to supervision, or a warrant may (b) Following the interivew, the Re­ be given a revocation hearing after he is be issued for him as a violator at any gional Director may withdraw the war­ returned to a Federal institution. time prior to the expiration of the sen­ rant, let the warrant stand, or execute (c) Following the revocation hearing, tence or sentences imposed by the court. the warrant. If the warrant is executed, parole or mandatory release may be the prisoner shall be given a revocation reinstated, revoked, or the terms and § 2.46 Same; youth offenders. hearing. conditions thereof may be modified. If A committed youth offender may re­ (c) In all cases, including those where the parole or mandatory release is re­ main under supervision until the ex­ a dispositional interivew is not con­ voked, the prisoner shall receive a writ­ piration of his sentence or he may be ducted, the Board shall conduct annual ten statement of the reasons for revo­ uncondiitonally discharged at any time reivews relative to the disposition of cation and the evidence upon which the after one year of continuous supervision the warrant. These decisions will be decision was based. Whenever parole or or parole. made by the Regional Director. The mandatory release is revoked, the pris­ § 2.47 Setting aside of conviction. Board shall request periodic reports from oner may be required to serve all or any institution officials for its consideration. part of the remaining term for which he When an unconditional discharge has was originally sentenced, less such good beert granted to a youth offender prior § 2.41 Same; execution o f warrant; no­ to the expiration o f his maximum term tice o f alleged violations. time as he may earn following his re­ commitment. of sentence, his conviction shall be auto­ (a) Any officer of any Federal correc­ (d) The decision resulting from a matically set aside and the Division shall tional institution, or any Federal officer revocation hearing shall be subject issue to the youth offender a certificate authorized to serve criminal process to a prisoner’s right to appeal as pro­ to that effect. within the United States, to whom a vided in §§ 2.20 and 2.21 or 2.23. § 2.48 Jurisdiction over District of Co­ warrant shall be delivered shall execute lumbia prisoners* such warrant by taking such prisoner § 2.44 Same; legal counsel and witnesses and returning him to the custody of the at preliminary interviews and revoca­ Whenever a prisoner who was con­ Attorney General. Delivery of the war­ tion hearings* victed in the District of Columbia is con­ rant to a Federal officer shall be consid­ (a) Each alleged parole or mandatory fined in, or as a parolee is returned to, ered completed when the warrant is release violator shall be advised that he a penal or correctional institution other

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 RULES AND REGULATIONS 26657 than an institution of the District of (b) Whther an inmate is being con­ previously scheduled hearing shall be C olu m bia, the Board shall exercise the sidered for parole, has been granted or held. If they determine that the prisoner same power and authority with respect denied parole, and if granted parole, the is not mentally competent, the previously to that prisoner as the Board of Parole effective date set by the Board may be scheduled hearing shall be tentatively for the District of Columbia would exer­ disclosed by the Board in its discretion postponed. cise with respect to him if the prisoner whenever the public interest is deemed (c) Whenever the hearing examiners had been confined in or returned to an to require it. determine that a person is incompetent institution of the District of Columbia. (c) Who, if anyone, has supported an and postpone the previously scheduled application for parole may be revealed hearing, they shall forward the record of § 2.49 Jurisdiction over District o f Co­ at the Board’s discretion only in the most the preliminary hearing with their find­ lumbia committed youth offenders. exceptional circumstances, with the ex­ ings to the Regional Director for review. The Youth Corrections Act (18 U.S.C. press approval of such person (s), and If the Regional Director concurs with Ch. 402) applies to youth offenders con­ after a decision to grant parole has been their findings, he shall order the tenta­ victed in the District o f Columbia. Com­ made. tively postponed hearing to be postponed mitted youth offenders convicted in the (d) Other matters contained in pa­ indefinitely until such time as it is de­ District of Columbia, wherever they may role records will be held strictly con­ termined that the prisoner has recovered be undergoing treatment, are subject to fidential and will not be disclosed to un­ sufficiently to understand the nature of all the provisions of the Youth Correc­ authorized persons. and participate in the proceedings. In tions Act and are therefore under the § 2.51 Mental competency proceedings. any such case, the Regional Director jurisdiction of the Youth Correction shall require a progress report at least Division as provided in-that Act. (a) Whenever a prisoner is scheduled for a hearing in accordance with the pro­ every six months on the mental health § 2.50 Confidentiality of parole records. visions of this part and reasonable doubt of the prisoner. When the Regional Di­ To the end that the objectives and exists as to his mental competency, i.e., rector determines that the prisoner has procedures of professionalized parole his ability to understand the nature of sufficiently recovered, he shall resched­ may be advanced and, more specifically, and participate in scheduled proceedings, so that the channels of information vital a preliminary hearing to determine his ule the hearing for the earliest possible to sound parole actions may be kept mental competency shall be conducted date. open and that offenders released on by a panel of hearing examiners des­ (d) If the Regional Director disagrees parole may be protected against pub­ ignated by the Board of Parole. with the findings of the hearing examin­ licity deleterious to their adjustment, (b) At the competency hearing, the ers as to the mental competency of the the following principles relating to the hearing examiners shall receive oral or prisoner, he shall take such action as he confidentiality of parole records shall be written psychiatric testimony and other deems appropriate. followed by the Board: evidence that may be available. A pre­ (a) Dates pf sentence and commit­ liminary determination of the prisoner’s Dated September 14, 1973. ment, parole eligibility dates, manda­ mental competency shall be made upon M aurice H. S igler, tory release dates, and dates of termina­ the testimony, evidence and the hearing Chairman, tion of sentence will be disclosed in examiners’ personal observations of the U.S. Board o f Parole. individual cases upon proper inquiry by prisoner. If the examiners determine that [PR Doc.73-20184 Piled 9-21-73:8:45 am] a party in interest. the prisoner is mentally competent, the

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 •

ì//:, î& • '■ î MONDAY, SEPTEMBER 24, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 184

PART III

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Office of Education

BASIC EDUCATIONAL OPPORTUNITY GRANT PROGRAM Proposed Family Contribution Schedules for Use in Academic Year 1974-1975 26660 PROPOSED RULES DEPARTMENT OF HEALTH, Interested persons are invited to sub­ ( f) The amount o f assets and other EDUCATION, AND WELFARE mit written comments, suggestions, or assets of the student’s parent (s). objections regarding the proposed rules (g) Unusual expenses of the student Office of Education to Peter K. U. Voigt, Acting Coordina­ and the unusual expenses o f the student’s [ 45 CFR Part 1 9 0 ] tor, Basic Educational Opportunity parent (s). Such unusual expenses shall Grants, U.S. Office of Education, Room be limited to medical and dental expenses BASIC EDUCATIONAL OPPORTUNITY 4010, Federal Office Building No. 6, 400 and expenses arising from catastrophe. GRANT PROGRAM Maryland Avenue SW., Washington, D.C. (h) The additional expenses incurred Family Contribution Schedules for Use in 20202, on or before November 23, 1973. in providing an income when two par­ Academic Year 1974—75 Comments received will be available for ents are employed or when a family is Pursuant to the authority contained in public inspection at the above office Mon­ headed by a single parent. Subpart I of Part A of Title IV of the day through Friday between-8:00 a.m. (20 U.S.C. 1070a(a) (3) (B) (ii).) and 4:30 p.m. Higher Education Act of 1965 as amended § 190.32 Special definitions. (20 U.S.C. 1070a) notice is hereby given (The Catalogue of Federal Domestic Assis­ that the Commissioner of Education, tance number for this program is 13.539, For purposes of this subpart: with tile approval of the Secretary of Basic Educational Opportunity Grant Pro­ (a) "Assets” means cash on hand in­ Health, Education and Welfare, pro­ gram.) cluding amounts in checking accounts, poses to issue the following regulations Dated August 27,1973. savings accounts and trusts, the current under Part 190 of Title 45 of the Code of market value at the time of application Peter P. M tjirhead, o f stocks, bonds, any other securities, Federal Regulations, covering the basis U.S. Commissioner of Education. for determining the expected family real estate, home (if owned), income pro­ contributions toward the education of Approved September 19,1973. ducing property, business equipment and both dependent and independent stu­ Caspar W . W einberger, business inventory which are held by the dents for awards to be received during Secretary, Department of Health, student’s parents and by the student. academic year 1974-75. The regulations Education, and Welfare. (b) "Other assets” means consumer appear below in their entirety. The previ­ Subpart C— Expected Family Contribution for durables and personal assets such as ous set of regulations describing Family Dependent Students automobiles, boats, art objects, electronic Contributions for the Basic Educational Sec. sound and visual equipment, jewelry, 190.31 Indicators of financial strength. Opportunity Grant Program for use dur­ 190.32 Special definitions. antiques, and cameras, each of which has ing academic year 1973-74, were pub­ 190.33 The expected family contribution for a value of $500 or more. lished in the F ederal R egister on M on­ dependent students from parents’ (c) (1) “Annual adjusted family in­ day, June 11,1973 (38 FR 15418-15427). income. come” for any base year means the sum These regulations are being submitted 190.34 Computation of standard expected of the following: Adjusted gross income in advance of the February 1 deadline contribution from parents’ assets. as defined in section 62 of the Internal specified in the Higher Education Act of -190.35 Computation of standard expected Revenue Code of the student’s parents, 1965 as amended so that the required contribution from parents’ other assets. investment income of the student’s par­ Congressional review of the Schedules 190.36 Computation for expected contribu­ ents upon which no Federal income tax may be completed earlier than the May 1 tion from parents’ income, assets, is required to be paid such as interest on date specified in the statute. It is the and other assets adjusted for num­ municipal and State bonds, other income opinion of the Commissioner that the ber of family members attending of the parents upon which no Federal in­ May 1 deadline for the Congressional ac­ institutions of postsecondary edu­ come tax is required to be paid such as tion does not permit students, parents, cation. child support payments, income of the and educational institutions sufficient 190.37 Computation of expected contribu­ parents received under income main­ time to make effective decisions concern­ tion from the student’s effective income. tenance programs including welfare ing the packaging of student financial 190.38 Computation of expected contribu­ benefits, social security benefits except aid resources. tion from students’ assets. those benefits paid to or on account of This opinion is also shared by the 190.39 Computation of the total expected the student included in paragraph (f) of House Special Subcommittee on Educa­ family contribution. this section, and Veteran’s benefits ex­ tion, which has introduced H.R. 9196. Auth ority : Subpart 1 of Part A of Title IV cept those veteran’s benefits paid under This Bill, if adopted, would require that of the Higher Education Act of 1965, as chapters 34 and 35 of title 38 of the the Commissioner submit the Schedule amended (20 U.S.C. 1070a). United States Code. of Family Contributions to be used for Subpart C— Expected Family Contribution (2) In the case of the student whose Fiscal Year 1975 no later than August 15, for Dependent Students parents are divorced, or are separated 1973, and not later than July 1 in suc­ and file separate returns for Federal in­ ceeding years. Further, the Bill would § 190.31 Indicators o f financial strength. come tax puposes, only the income as de­ give the Congress until December 15, "Expected family contribution" with scribed in paragraph (c) ( 1) of this sec­ 1973, for Fiscal Year 1975, and until respect to each dependent student means tion of the parent claiming or eligible to November 1 in succeeding years, to re­ the amount which the family of that claim the student as an exemption for view the proposed Schedule. student may reasonably be expected to Federal income tax purposes for the base Although this Bill has not yet been en­ contribute toward the cost of his educa­ year shall be considered in determining acted into law, the Commissioner is sub­ tion for an academic year. Each of the the annual adjusted family income. If no mitting the Family Contribution Sched­ following elements of financial strength parent claims or is eligible to claim the ules at this time. Further, the completion will be considered in determining the student as an exemption for Federal in­ of the Congressional review before De­ family contribution for dependent stu­ come tax purposes, the income of both cember 15 is clearly in the best interest of dents: parents shall be combined to determine students, parents, and institutions of (a) The amount of the effective income the annual adjusted family income. higher education and, therefore, is sought of the student. (3) In the case of the student whose for these Schedules. (b) The amount of the effective income parents are married and not separated The Schedules submitted for use in of the student’s parent (s). but file separate returns for Federal in­ academic year 1974-75 are identical to (c) The number of dependents of the come tax purposes, the income as de­ those in use during academic year 1973- student’s parent (s). scribed in paragraph (c) ( 1) of this sec­ 74. It is realized that changes in the tion of both parents shall be combined (d) The number of dependents of the to determine the annual adjusted fam­ Family Contribution Schedules will need student’s parent (s) who are in attend­ to be considered as comments are re­ ily income for that student. ceived by the Office of Education on the ance, on at least a half-time basis, in a (d) "Base year” means the tax year for basis of experience gained regarding the program of postsecondary education. which information is requested by the effect of the Schedules during academic (e) The amount of assets of the Commissioner for the purpose of deter­ year 1973-74. student. mining fam ily income.

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 PROPOSED RULES 26661

(e) “Dependent student” means any (m) “Net assets” means the current they were incurred by the student and student who does not qualify as an inde­ market value of the assets included in any parent (and any persons for whom pendent student as defined in § 190.42 paragraph (a) of this section, minus the an exemption was claimed by that par­ ent) whose income is taken into account (a). outstanding liabilities (indebtedness) (f) “Effective income of the student” against such assets at the time of appli­ for the purpose of computing the annual means any amount paid to, or on account cation. adjusted family income. of, the student under the Social Security (n) “Net other assets” means the cur­ (3) Employment expense offset. An Act which would not be paid if he were rent market value of the assets, included employment expense offset in an amount not a student, i.e., under section 202(d) in paragraph (b) of this section, minus equal to 50 percent of the adjusted gross of title II of the Social Security Act, 42 the outstanding liabilities (indebtedness) income earned in the base year by the U.S.C. 402(d), and one-half of any against such assets at the time of parent earning the lesser income if both amount paid the student under chapter application. parents are employed, or 50 percent of 34 of title 38, United States Code (Vet­ (o) “Parent” means the mother or the adjusted gross income of a parent erans Educational Assistance— 38 U.S.C. father of the student, unless any other qualifying as surviving spouse or as head 1651 et seq.) and chapter 35 o f title 38, person, except the student’s spouse, pro­ of household as defined in section 2 of United States Code (W ar Orphans’ and vides more than one-half of the student’s the Internal Revenue Code, but in no Widows’ Education Assistance—38 U.S.C. support and claims or is eligible to. claim case shall such an offset exceed $1,500. 1700 et seq.). The amount of the effective the student as an exemption for Federal The expense may be claimed only if the income of the student is the amount to be income tax purposes for the base year, income of both parents or the income of received during the academic year for in which case such person shall be con­ the surviving spouse or head of house­ which Basic Grant assistance is re­ sidered the parent. hold is taken into account for the pur- quested. (20 U.S.C. 1070a(a) (3) (B) unless otherwise ,poses of computing the annual adjusted noted.) family income. (20 U.S.C. 1070a(a) (3) (B) (iv ).) § 190.33 The expected family contribu­ (d) To determine the expected family (g) “Effective family income” of a tion for dependent students from contribution from parental income the student’s parents means the annual ad­ parents* income. following rates shall be applied to dis­ justed family income received for the cretionary income: base year minus the Federal income tax The expected family contribution for dependent students from parents’ income $ 0 ______(No contribution ex­ paid or payable with respect to such in­ pected.) come during the base year. for each grant shall be an amount de­ termined in the following manner: $1 to 4,999____ 20 percent of Discretionary (20 U.S.C. 1070a(a) (3) (B) (iii).) Income. (a) Add to annual adjusted family in­ $5,000 or more_$1,000 plus 30 percent of (h) “Employment expenses offset” come the effective income of the student Discretionary Income in means an allowance to meet expenses attributable to the dependents of the excess of 5,000. relating to employment where both par­ student who is a veteran. (20 U.S.O. 1070a(a) (3) (B).) ents are employed or where one parent (b) Determine effective family income qualifies as a surviving spouse or as head by subtracting from the amount deter­ § 190.34 Computation o f standard ex­ of a household under section 2 of the In­ mined in paragraph (a) of this section pected contribution from parents* ternal Revenue Code. the amount of Federal income tax paid assets. (i) “Expenses arising from catastro­ or payable with respect to such income. (a) The expected contribution from phe” means those types and amounts of (c) Determine discretionary income parental assets shall be an amount de­ casualty losses which may be deducted by deducting the following from effective termined in the following manner: under section 165(c) (3) of the Internal family income: (1) Determine the net assets owned by Revenue Code which were incurred dur­ (1) Family size offset. A family sizethe parents. ing the base year by the student, the par­ offset in the amount specified in the fol­ (2) If the amount of discretionary in­ ents of the student and the parents’ lowing table. Family size includes the come determined in paragraph (c) of dependents. student, the student’s parents and per­ § 190.33 is a negative amount, subtract (20 U.S.C. 1070a(a) (3) (B) (ii) (V ).) sons for whom the parents may claim an that amount from the amount of net exemption under section 151 of the In­ assets determined in paragraph (a) ( 1) (j) “Family size offset” means an al­ ternal Revenue Code. Family size is to be of this section. lowance to meet subsistence expenses, in­ determined for the base year. If the (3) Deduct an asset reserve of $7500 cluding food, shelter, clothing, and other parents are divorced or separated, family from net assets as determined in para­ basic needs of a family. For purposes of size shall include the student and any graph (a) (1) or paragraph (a) (2) o f this this part the “Weighted Average Thresh­ parent whose income is taken into ac­ section whichever is applicable. old at the Low Income Level,” as devel­ count for the purpose of computing the (4) The contribution from parental oped by the Social Security Administra­ annual adjusted family income and his assets shall be an amount equal to 5 tion shall be used as a basis to determine or her exemptions. percent of the remainder obtained in the amount for the family size offset. F a m il y Size Offsets paragraph (a) (3) of this section. (k) “Federal income tax” means the Family size Dollar amount (b) If the student’s parents are tax on income paid to the U.S. Govern­ divorced or separated only the assets of ment under chapter 2 of the Internal 2 ______2,800 3 ______3,350 the parent whose income is taken into Revenue Code and the tax on income 4 ______4,300 account for the purpose of computing paid to the Governments of Puerto Rico, 5 ______i ______5,050 annual adjusted family income shall be Guam, American Samoa, the Virgin Is­ 6 ______:______5,700 considered. lands, and the Trust Territory of the 7 ______6,300 Pacific Islands under the laws applicable 8 ______7,000 (20 U.S.C. 1070a(a) (3) (B ).) to those jurisdictions. 9 ______7,700 § 190.35 Computation o f standard ex­ 10 ______8,400 (20 U.S.C. 1070a(a) (3) (B) (ill).) 1 1 ..... 9,100 pected contribution from parents* other assets. (l) “Medical expenses” means those 12 ______9,800 types of medical and dental expenses, (2) Unusual expenses. The amount by (a) The expected "contribution from except premiums for medical insurance, other parental assets shall be an amount which the sum of medical and dental determined in the following manner: that may be deducted under section 213 expenses and losses resulting from catas­ of the Internal Revenue Code which were trophes incurred in the base year and (1) Determine the total amount of incurred during the base year by the not compensated by insurance exceeds net other assets owned by the parents student, the parents of the student and 20 percent of effective family income. and deduct from that amount an asset the parents’ dependents. Unusual expenses may be deducted if reserve o f $7,500.

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 26662 PROPOSED RULES

(2) The contribution from other par­eran shall instead be included as a part the student will be in attendance, on at ental assets shall be an amount equal to of, and treated as, annual adjusted fam­ least a half-time basis, in a program of 5 percent of the remainder obtained in ily income. postsecondary education. subparagraph ( 1) of this paragraph. (20 U.S.C. 1070a(a) (3) (B ).) (e) The amount of the assets and the (b) If the student’s parents are other assets of the independent student divorced or separated only the other § 190.38 Computation of expected con­ and his or her spouse. tribution from student’s assets. assets of the parent whose income is ( f ) The unusual expenses of the inde­ taken into account for the purpose of For each grant the contribution from pendent student, and his or their de­ computing annual adjusted family in­ the student’s assets shall be an amount pendents. Such unusual expenses shall come shall be considered. equal to 33 per centum of his net assets be limited to medical and dental expenses (20 U.S.C. 1070a(a) (3)(B ).) as defined in § 190.32 (m ). and expenses arising from catastrophe (20 U.S.C. 1070a(a) (3) (B ).) (g) The additional expenses incurred § 190.36 Computation for expected con­ in providing an income where both the tribution from parents’ income, § 190.39 Computation o f die total ex­ independent student and his spouse are assets, and other assets adjusted for pected family contribution. employed or where the independent stu­ number o f family members attending For each grant the total expected dent qualifies as a surviving spouse or as institutions o f postsecondary educa­ tion. family contribution shall be the sum of; head of a household under section 2 of (a) The expected contribution from the Internal Revenue Code. (a) For each grant the amount ex­ parents’ discretionary income, parents’ (20 U.S.C. 1070a(a) (3) (C ).) pected from parents’ income as deter­ assets, and other assets as determined in mined in § 190.33 shall be added to the § 190.36. § 190.42 Special definitions. amount expected from parents’ assets as (b) The expected contribution from For the purposes of this subpart: determined in § 190.34 and parent’s other the student’s effective income as deter­ (a) “ Independent Student” means a assets as determined in § 190.35. mined in § 190.37, and student who: (b) For each grant the combined ex­ - (c) The expected contribution from (1) Has not and w ill not be claimed pectation calculated on the basis of the the student’s assets as determined in as an exemption for Federal income tax above formula shall be further adjusted § 190.38. purposes by any person except his or her in the following manner to take into con­ Subpart D— Expected Family Contribution for spouse for the calendar year(s) in which sideration the number of family mem­ Independent Students aid is received and the calendar year bers who will be in attendance, on at Sec. prior to the academic year for which aid least a half-time basis, in programs of 190.41 Indicators of financial strength. is requested, postsecondary education during the aca­ 190.42 Special definitions. (2) Has not received and will not re­ demic year for which basic grant assist­ 190.43 Computation of the expected family ceive financial assistance of more than ance is required r contribution from effective income for independent students. $600 from his or her parent(s) in the Number of 190.44 The expected family contribution for calendar year(s) in which aid is received family members independent students from annual and the calendar year prior to the aca­ attending in­ adjusted family income. demic year for which aid is requested, stitutions of Expected contribution from 190.45 Computation of expected contribu­ and postsecondary combined contribution per tion from the assets of the in­ education student dependent student and his or her (3) Has not lived or will not live for 1 ______1______spouse.100 percent of contribu­ more than 2 consecutive weeks in the tion from the amount 190.46 Computation of expected contribu­ home o f a parent during the calendar determined in paragraph tion from the other assets of the year in which aid is received and the (a) of this section. independent student and his or calendar year prior to the academic year 2 ------70 percent of contribution her spouse. for which aid is requested. from the amount deter­ 190.47 Computation for expected contribu­ (b) “Assets” means cash on hand in­ mined in paragraph (a) tion from income, assets, and other of this section. assets adjusted for number of fam­ cluding amounts in checking accounts, 3 ------50 percent of contributionily members attending institutions savings accounts and trusts, the current from the amount deter­ of postsecondary education. market value at the time of application mined in paragraph (a) 190.48 Computation of the total expected of-stocks, bonds, and other securities, real of this section. family contribution. estate, home (if owned), income produc­ 4 or more------40 percent of contribution A u t h o r it y : Subpart 1 of part A of title IV ing property, business equipment and from the amount deter­ of the Higher Education Act of 1965, as business inventory which are held by the mined in paragraph (a) amended (20 U.S.C. 1070a). of this section. independent student and/or his spouse Subpart D— Expected Family Contribution (c) “Other assets” means consumer Family members include the student, the for Independent Students durables and personal assets such as student’s parents and persons for whom automobiles, boats, art objects, electronic the parent may claim an exemption § 190.41 Indicators o f financial strength. sound and visual equipment, jewelry, under section 151 of the Internal Reve­ “Expected Family Contribution” with antiques, and cameras, each of which has nue Code. When the student’s parents respect to each independent student a value of $500 or more. are divorced or separated and are filing means the amount which that student, (d) (1) “Annual Adjusted Family In­ separate returns for Federal income tax and his or her spouse, if any, may rea­ come” for any base year means the sum purposes, family members shall include sonably be expected to contribute toward of the following: Adjusted gross income the student and any parent whose in­ the cost of his or her education for an as defined in section 62 of the Internal come is taken into account for the pur­ academic year. Each of the following Revenue Code of the student and the stu­ pose of computing annual adjusted fam­ elements of financial strength will be dent’s spouse, investment income upon ily income and his or her exemptions. considered in determining the family which no Federal income tax is required (20 US.C. 1070a(a) (3)(B ).) contribution for independent students: to be paid such as interest on municipal (a) The amount of effective income of and State bonds, other income of the stu­ § 190.37 Computation of expected con­ the independent student. tribution from the student’s effective dent and the student’s spouse upon income. (b) The amount of annual adjusted which no Federal income tax is required family income of the independent student to be paid such as child support pay­ The expected family contribution shall and the independent student’s spouse. ments, Income o f the student and the include 100 percent of the student’s ef­ (c) The number of persons whom the student’s spouse received under income fective income for the academic year for independent student can claim as an maintenance programs including welfare which aid is requested; except that, that exemption. benefits, social security benefits except portion of effective income of the student (d) The number of dependents of the those benefits paid to or on account of attributable to the dependents of a vet­ Independent student who in addition to the student included in paragraph (g)

FEDERAL REGISTER, VOL. 38, N O . 184— M ONDAY, SEPTEMBER 24, 1973 PROPOSED RULES 26663 of this section, and veteran’s benefits ex­ ministration, shall be used as a basis to student and his dependents, as defined in cept those veteran’s benefits paid to the determine the amount for the family size section 190.42(f) at the close of the base independent student under chapters 34 offset except in the case of a single inde­ year. If the student is divorced or sepa­ and 35 of title 38 of the United States pendent student, where an amount esti­ rated, family size shall include any per­ Code. mated to be equal to living expenses dur­ son whose income is taken into account (2) In the case of the student who is ing periods of nonenrollment shall be for the purpose of computing the annual divorced, or is separated and files a sepa­ utilized. adjusted family income and his or her rate return for Federal income tax pur­ (l) “ Federal income tax” me.ans the exemptions as defined in section 151 of poses, only the student’s own income tax on income paid to the U.S. Govern­ the Internal Revenue Code. shall be considered in determining the ment under chapter 2 of the Internal Dollar Revenue Code and the tax on income Family size amount annual adjusted fam ily income. 2 ______$2.800 (3) In the case where the student and paid to the Governments of Puerto Rico, Guam, American Samoa, the Virgin Is­ 3 ______3, 350 his spouse are married and not separated 4 ______—______- _____ 4, 300 but file separate returns for Federal in­ lands, and the Trust Territory of the 5 ______5,050 come tax purposes, the income as de­ Pacific Islands under the laws applica­ 6 ______5,700 scribed in paragraph (d) ( 1) of this ble to those jurisdictions. 7 ______6,300 (20 UtS.C. 1070a(a) (3) (B) (iii).) 8 ______7,000 section of both the applicant and spouse 9 ______7,700 shall be combined to determine the an­ (m) “Medical expenses” means those 10 ______8,400 nual adjusted family income for that types of medical and dental expenses, 11 ______9,100 student. except premiums for medical insurance, 12 ______9,800 (e) “Base year” means the tax year that may be deducted under section 213 An offset o f $700 shall be made for the for which information is requested by o f the Internal Revenue Code, which were single independent student. the Commissioner for the purpose of incurred by the independent student and (2) Unusual expenses. The amount by determining fam ily income. his dependents during the base year. which the sum of medical and dental ex­ (f) “Dependent” means the independ­ (n) “Net assets” means the current penses, and losses resulting from catas­ ent student’s spouse and such other per­ market value at the time of application trophes incurred in the base year and not sons who are eligible to be claimed as of the assets included in paragraph (b) compensated by insurance, exceeds 20 an exemption for Federal income tax of this section minus the outstanding lia­ percent of effective family income. Un­ purposes by the student during the base bilities (indebtedness) against such usual expenses may be deducted if they year. assets.. were incurred by the independent stu­ (g) The “effective income of the stu­ (20 U.S.C. 1070a(a) (3) (C ).) dent and his dependents during the base dent” means any amount paid to, or on year. account of, the student under the Social (o) “Net other assets” means the cur­ (3) Employment expense offset. An em­ Security Act which would not be paid if rent market value at the time of appli­ ployment expense offset in an amount he were not a student; i.e., under section cation of the other assets included^ in equal to 50 percent of the adjusted gross 202(d) of title II. of the Social Security paragraph (c) of this section minus the income earned in the base year by either Act, 42 U.S.C. 402(d), and one-half o f any outstanding liabilities (indebtedness) a married independent student or the amount paid the student under chapter against such assets. student’s spouse, whoever earns the les­ 34 of title 38, United States Code (Veter­ (20 U.S.C. 1070a(a) (3) (C ).) ser, or 50 percent of the adjusted gross ans Educational Assistance—38 U.S.C. § 190.43 Computation o f the expected income during the base year of an inde­ 1651 et seq.) and chapter 35 of title 38, family contribution from effective in­ pendent student qualifying as a surviving United States Code (W ar Orphans’ and come for independent students. spouse or as head of household as defined Widows’ Education Assistance— 38 U.S.C. The expected family contribution shall in section 2 of the Internal Revenue 1700 et seq.). The amount of the effective Code, but in no case shall such an offset income of the student is the amount to be include 100 per centum of the student’s effective income for the academic year exceed $1,500. received during the academic year for (c) Determine the expected family which basic grant assistance is requested. for which aid is requested; except that, contribution from the family income of (h) “Effective family income” means that portion of effective income of the student attributable to the dependents of the independent student and his or her the annual adjusted fam ily income re­ spouse by applying the following rates to ceived during the base year minus the a veteran shall instead be included as a part of, and treated as, annual adjusted discretionary income: Federal income tax paid or payable with (1) 75 percent of discretionary income respect to such income. family income. for the single independent student with (i) “Employment expense offset” (20 U.S.C. 1070a(a) (3) (C ).) no dependents; means an allowance to meet expenses re­ § 190.44 The expected family contribu­ (2) 50 percent of discretionary income lating to employment where both the tion for independent^ students from for the married independent student with independent student and his or her annual adjusted family income. no dependents other than spouse; and spouse are employed or where the inde­ The expected family contribution of (3) 40 percent of discretionary in­ pendent student qualifies as a surviving the independent student from annual come for the independent student who spouse or as head of a household under adjusted family income shall be an has dependents other than spouse. section 2 of the Internal Revenue Code. amount determined in the following (20 U.S.C. 1070a(a) (3) (C).) (j) “Expenses arising from catas­ manner: trophe” means those types and amounts (a) Determine effective family income § 190.45 Computation o f expected con­ of casualty losses which may be deducted tribution from the assets of the inde­ by subtracting from the annual adjusted pendent student and his or her spouse. under section 165(c) (3) of the Internal family income (including the portion of Revenue Code which were incurred by the effective income of the student at­ The expected contribution from the as­ the independent student and his depend­ tributable to the dependents of a vet­ sets of the independent student and his ents during the base year. eran) the amount of Federal income tax or her spouse shall be determined in the (k) “Family size offset” means an paid or payable with respect to such following manner: allowance to meet subsistence expenses, income. (a) Determine the total amount of net including food, shelter, clothing, and (b) Determine discretionary income by assets owned by the student and the stu­ other basic needs of the independent deducting the following from effective dent’s spouse. student and his dependents. For pur­ family income: (b) If the amount of discretionary in­ poses of this part the “Weighted Average (1) Family size offset. A family size come determined in paragraph (b) of Thresholds at the Low Income Level,” off set in the amount specified in the fol­ § 190.44 is a negative amount, subtract as developed by the Social Security Ad­ lowing table. Family size includes the that amount from the amount of net

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 19/3 26664 PROPOSED RULES assets determined in paragraph (a) of (a) The expected contribution from 28. Total family contribution the student’s effective income as deter­ equals sum of lines 23 plus that section. 24 plus 27______as the amount determined in paragraph (a) mined in § 190.43, and (c) The contribution from assets (b) The expected contribution from EXPLANATION OF CALCULATION * discretionary income, assets, and other shall be an amount equal to 33 percent of 1. Parents’ adjusted gross income in 1973 or (b) of this section, whichever is assets as determined in § 190.47. (line 1). All income which is available to the parents should be considered in the applicable. A p p e n d i x evaluation of parental ability to support the § 190.46 Computation of expected con­ EXPECTED FAMILY CONTRIBUTION FOR DEPEND­ cost of postsecondary education. The most tribution from the other assets of ENT STUDENTS, ACADEMIC YEAR 1974—75 valid reference for parental income subject the independent student and his or Summary of Calculation to Federal income tax is the adjusted gross her spouse. income item in the family’s Federal income The expected contribution from the 1. Parents’ adjusted gross income tax return. This information is readily avail­ other assets of the independent student in 1973___ ;______able to most families, and the information 2. Other parental income in 1973 + can be verified by referring to the IRS forms and his or her spouse shall be deter­ actually filed by the parents. mined in the following maimer: 3. Parents’ annual adjusted in­ If it may be assumed that family (a) Determine the total amount of come in 1973______= will be measured on an annual basis, which 4. Parents’ Federal income tax year of family income shall be used? Parents net other assets owned by the student and paid for 1973______— the student’s spouse and deduct from provide from their current income for the that amount an other asset reserve of 5. Effective family income in 1973 = education of their children. However, if we 6. Family size offset___ + attempted to use current year information, a $7,500. parent would have to estimate the amount of (b) The contribution from other assets 7. Unusual expenses___ + income which he will receive during a year shall be an amount equal to 33 percent of 8. Employment expense in which a child is a student since applica­ the remainder obtained in paragraph (a) offset ______+ tion for aid is made before the student en­ of this section. 9. Total offsets against income rolls for a particular year of study. A study by (lines 6 + 7 + 8 )— — — — Orwig and Jones shows that income received § 190.47 Computation for expected con­ 10. Discretionary" income (line 5 during the tax year prior to the year in tribution from annual adjusted minus line 9) ______|— . which the student is applying for aid is the family income, assets and other best practical indicator of the income from 11. Determine net assets of par­ which a student’s actual expenses will be assets adjusted for number of family ents ______members attending institutions o f paid.2 If estimates of the income received 12. If line 10 is a negative amount, during the actual year of attendance are postsecondary education. subtract from line 11 the provided by parents, middle income families (a) For each grant the amount ex­ amount necessary to bring systematically underestimate their earn­ pected from family income as deter­ discretionary income up to ings, and lower income families systemati­ mined in § 190.44 shall be added to the zero. Enter the remainder of cally overestimate their earnings. The the net assets------amount to be entered here, therefore, is amount expected trom assets as deter­ from the previous year’s Federal Income tax mined in § 190.45 and other assets as 13. If line 10 is a positive amount, enter that amount. If line 10 form. determined in § 190.46. is a negative amount enter 2. Other parental income in 1973 (line 2). (b) For each grant the combined ex­ z e r o ______Information on other family income must pectation calculated on the basis of the also be collected since this income does 14. Determine net other assets of clearly contribute to family financial strength above formula shall be further adjusted parents ------—— and may represent a considerable portion of in the following manner to take into con­ 15. Multiply discretionary income the parental income of many Basic Grant sideration the number of family mem­ in line 13 by applicable rate recipients. Elements of other family income bers who will be in attendance, on at to obtain standard contribu­ are: Income from tax exempt bonds, that por­ least a half-time basis, in programs of tion ______tion of pensions on which no Federal income postsecondary education during the 16. Subtract asset reserve of $7500 tax is required, welfare benefits, social secu­ academic year for which basic grant from amount entered on line rity benefits (except those included in effec­ assistance is requested: 12 to obtain available par­ tive income of the student), child support ental assets______payments, income of families which didn’t file income tax returns, that portion of Number of 17. Multiply available parental as­ family members capital gains on which no Federal income attending in­ sets by 0.05______X 0.05 tax is required, etc. stitutions of Expected contribution from 18. Parental contribution from as­ 3. Parents’ annual adjusted income in postsecondary combined contribution per sets ______— 1973 (line 3). Parents’ annual adjusted in­ education student 19. Subtract other asset reserve of — come is the sum of parents' adjusted gross 1 ______100 percent of contribu­ $7500 from amount entered income (line 1) plus other family income tion from the amount on line 14 to obtain available (line 2). determined in para­ other assets of parents_____ 4. Parents’ Federal income tax paid for graph (a) of this sec­ 20. Multiply available other assets 1973 (line 4). The legislation requires that a tion. of parents by 0.05______X 0.05 deduction be made, from annual adjusted 2 ______70 percent of contribution income, for the amount of Federal income 21. Parental contribution from tax paid on income received during the base from the amount deter­ other assets______mined In paragraph (a) year. of this section. 22. Add lines 15 plus line 18 plus 5. Effective family ineome in 1973 (line 5). 3 ______50 percent of contribution 21 to obtain standard con­ The result of subtracting Federal income tax from the amount deter­ tribution from income, assets, paid (line 4) from the annual adjusted in­ mined in paragraph (a) and other assets______come (line 3) is effective family income and of this section. 23. Multiply standard contribution is the base for calculating expected contribu­ 4 or more____ 40 percent of contribution by multiple student rate to tion from parental income. from the amount deter­ determine expected family 6. Family size offset (line 6). In addition mined in paragraph (a) contribution for each family to taxes, a family has basic subsistance ex­ of this section. member in postsecondary penses which must be met before any con­ Family members shall include any person education______tribution from income can be expected. These whose income is taken into account for the 24. Effective income of student___ expenses will vary depending on size of the purpose of computing the annual adjusted family income and his or her exemptions. 25. Determine net assets of stu­ dent ______,______1 Reference numbers are keyed to the line § 190.48 Computation o f the total ex­ 26. Multiply student’s net assets ~ numbers in preceeding summary. pected family contribution. by 0.33___ .______X 0.33 2 Orwig and Jones, "Can Financial Need Analysis Be Simplified?” The American Col­ For each grant the total expected 27. Student’s contribution from as- ~ lege Testing Program, Iowa City, Iowa, family contribution shall be the sum of: sets ______.______= 1970—p. 11.

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 PROPOSED RULES 26665 family involved. For purposes of the basic come (line 5 of this illustration) is that etc. Since equity is being measured, debts erant the “Weighted Average Thresholds At amount of unusual expenses (as defined against the stated assets will be deducted in the Low Income Level,” developed by the above) in excess of 20 percent of effective evaluating the net worth of these assets. Social Security Administration and published family income. This exclusion is designed to 12. Asset adjustment in cases of negative bv the bureau of the Census, have been used confine claims for such expenses to those discretionary income (line 12).—In measur­ ¿ a reasonable approximation of basic fam­ which are genuinely unusual. ing family financial strength both income ily expenses* These expenses are based on 8. Employment expense offset (line 8). In and assets must be considered. Very low the food costs of a family of a given size, and constructing budgets which recognize ex­ Income families may have a strong enough certain assumptions about the addi­ penses for families, due provision must be asset position such that a contribution from tional expenses of shelter and other family made for the expenses of the breadwinner those assets can be expected. At the same time, the calculation of discretionary income needs. which occur as a result of employment it­ self. Some expenses for clothing, transporta­ for those families niay yield a negative The data are revised annually, and tion, and other items are attributable to oc­ amount due to the low level of income. thus can be used to update the family cupational needs. When both parents work, Therefore, in order to arrive at a family contribution schedules from year to year. additional employment expenses are incurred. contribution which more equitably treats The figures supplied by the Bureau of the Also, if a household is headed by a single both the income and the assets of these Census have been incremented by 4 per­ parent, the costs associated with that em­ families, an amount sufficient to offset the ployment are greater than for a comparable negative discretionary income is subtracted cent to reflect estimated cost of living in­ worker who has the economic advantage of from the net assets. The resulting amount creases from the fall of 1971 to the pres­ a nonemployed spouse. Therefore in the de­ of adjusted net assets becomes the base from ent, and then rounded to facilitate cal­ termination of family contribution an “Em­ which the contribution from assets is culation. The resulting figures have been ployment Expense Offset” has been con­ expected. called “Family Size Offsets.” Their deri­ structed to treat more equitably the income 13. Discretionary income (line 13).—In vation is illustrated below: ' of the two parent family where both parents cases where the discretionary income on line work, or the single parent household. It is 10 is a negative amount a zero is entered DERIVATION OP FAMILY OFFSETS recognized that both of these types of fami­ here. Where line 10 is a positive amount, Family lies will occur frequently in the lower in­ that positive amount is repeated here. Family ^ ze come families where Basic Grant eligibility 14. Net other assets of parents (line 14).— size offset is greatest. The offset provides that 50 per­ For purposes of basic grants the following cent of the earnings of that parent with the types of other assets will be considered: 2 Member Family------— 2800 lesser earnings, or 50 percent of the earnings automobiles, boats, art objects, electronic 3 Member Family------3350 of the single parent, will be protected from sound and visual equipment, jewelry, an­ 4 Member Family------4300 any contribution toward education. The max­ tiques, cameras, etc., each of which has a 5 Member Family------— 5050 imum offset is $1,500 and would thus assure value of $500 or more. Since equity is being 6 Member Family------L------5700 that up to $30 a week would be available for measured, debts against the stated assets will 7 Member Family------6300 the additional expenses which these parents be deducted in evaluating the net worth of 8 Member Family------— 7000 face. these assets. 9 Member Family______— 7700 9. Total offsets against income (line 9). 15. Standard income contribution rate 10 Member Family------.------8400 The sum of line (family size offset) plus (line 15).—A contribution of 20 percent is 11 Member FamUy------9100 6 line 7 (unusual expenses) plus line 8 (em­ expected from the first $5,000 of discretionary 12 Member Family------— 9800 ployment expense offset) is the total amount income. When discretionary income exceeds ♦Census Bureau category “ 7 or more per­ which can be deducted from effective family $5,000, the expected income contribution is sons” are for 8 member famUy. Values for income (line 5) in order to determine dis­ $1,000 plus 30 percent of the amount in ex­ family size 7-12 have been extrapolated. cretionary parental income. cess of $5,000. The contribution rates will 10. Discretionary income (line 10). The in­ generally be at the 20 percent level for most 7. Unusual expenses (line 7). The Basiccome which remains after allowance has of the income range where basic grant Grant program is required by law to take been made for family living expenses, Federal eligibility will occur. into consideration two kinds of unusual ex­ income taxes, unusual expenses and the em­ These contribution rates appear reasonable penses, those arising from a “catastrophe” ployment expense offset may be identified as in terms of the several demands made on and "unusual medical expenses.” It is pro­ discretionary income. This income is avail­ family income especially in light of the fact posed to use the Internal Revenue Service able for the purchases of goods and services that the cost of supporting the student for definitions of medical and dental expenses which enhance the standard of living of the the academic year is included in the cost of and casualty loss in determining “unusual family including the cost of postsecondary education and does not have to be met from expenses” for the Basic Grant program. The education. the general budget resources. use of Internal Revenue Service definitions The illustrative chart below shows the ex­ avoids the need for creating a new definition 11. Net assets of parents (line 11).—For purposes of Basic Grants, the following types pected family contribution from annual ad­ of expenses which would be used only by the justed family income which does not reflect Basic Grants program. However, some distinc­ of assets will be considered: Equity in farm, adjustments for Federal income taxes paid, tion must be made between expenses which business, home, other real estate, stocks, unusual expenses, or employment expense may be itemized for income tax purposes, and bonds, other investments, savings accounts, offset. those itemized expenses which are “unusual” as used for the Basic Grant legislation. C ontribution from A nnual A djusted F amily income F or D ependent Students For purposes of the Basic Grant program, those items which may be included as un­ Annual adjusted* Family Size usual expenses are: family income 1. Those medical and dental expenses (not 2 3 4 5 6 7 8 9 10 compensated by insurance or otherwise) which may be listed as "medicine and drugs” $3,000______$34 0 0 0 0 0 0 0 0 on line 2 of Schedule A, Form 1040 of the 4,000______216 $117 0 0 0 0 0 0 0 5,000______375 289 $120 0 0 0 0 0 0 Internal Revenue Service and those expenses 6,000______543 458 291 $163 $64 0 0 0 0 which may be listed as “ Other Medical and 7 ,0 0 0 ...... 708 625 460 334 236 $127 0 0 0 Dental Expenses” on line 6 of Schedule A, 8,000______870 789 626 502 406 299 $180 $60 0 Form 1040. The gross amount of all such 9,000______1 ,0 2 2 953 791 669 575 ■ 469 353 235 $116 10,000-.:...... 1,303 1,181 959 838 746 642 526 410 292 medical, dental and drug expenses is to be 11,000...... 1,555 1,432 1,190 1,008 914 .812 698 683 467 used in the Basic Grant calculation. 12,000...... 1,800 1,684 1,442 1,259 1 ,1 2 2 980 868 755 640 2. Those casualty or theft loss(es) permit­ 13,000...... 2,049 1,928 1,693 1,511 1,374 1,221 1,054 925 811 14,000...... 2,281 2,166 1,930 1,755 1,620 1,467 1,300 1,133 977 ted by the Internal Revenue Service (Form 15,000______2,515 2,400 2,164 1,989 1,858 1,710 1,543 1,376 1,209 1040, Schedule A, line 30). 16,000______2,745 2,634 2,398 2,223 2,092 1,947 1,786 1,619 1,462 The amount of unusual expenses which 17,000...... 2,970 2,861 2,632 2,457 2,326 2,181 2 ,020 1,860 1,695 18,000______3,169 3,086 2,857 2 ,688 2,560 2,415 2,254 2,094 1,933 Jnay be deducted from effective family in- 19,000...... — 3,420 3,311 3,082 2,913 2,790 2,649 2,488 2,328 2,167 20,000...... 3,640 3,536 3,307 3,138 3,015 2,876 2,722 2,562 2,401 3 From “Weighted Average Thresholds At the Low Income Level” in 1971 by size of ♦Adjusted gross income plus nontaxable income. family and sex of head, by farm-nonfarm 16. Available parental assets (line 16).—Inassets of parents. Since families accumulate residence; current population reports, con­ order to determine the amount of parental assets for several purposes including retire­ sumer income, characteristics of the low-in- assets which can be assessed for contribu­ ment, future consumption, the postsecondary «>m* population; 1971 series p. 60, No. 82, tion for educational purposes, an asset re­ education of their children and the provision July 1972. serve of $7,500 is subtracted from the net of an economic buffer in the event of catas-

FEDERAL REGISTER, VOL. 38, NO . 184— M ONDAY, SEPTEMBER 24, 1973 26666 PROPOSED RULES trophe, some portion of assets should be re­ The following table summarizes the treat­ 9. Employment expense served from any contribution toward post­ ment of families with different numbers of o ffs e t______+ secondary education, and remaining assets be family members in postsecondary education: 10. Total offsets against ~ assessed at some rate less than 100 percent. income (lines 7+8 After a review of the available data, it was Contribution per Family eontribu- + 9) ------___ == decided that $7,500 was an adequate asset re­ N timber of student as a per- tion for all students students cent of standard as a percent of 11. Discretionary income (line 6 serve since it appears that average home contribution standard contribu­ equity for the families of the majority of tion minus line 10) ______a basic grant recipients may be in approxi­ 12. Determine net assets of appli- - Percent Percent cant (and spouse)______mately this amount, if data from the Depart­ 1 ...... 100 100 ment of the Census are read in conjunction 2 ...... 70 140 13. If line 11 is a negative amount, with the Survey of Economic Opportunity. In 3 ...... 50 150 subtract from line 12 the addition, the $7,500 amount would allow for 4 or more...... 40 160+ amount necessary to bring emergencies and retirement needs. discretionary income to zero. 17. Asset assessment rate (line 17).—Once 24. Effective income of the student (line Enter the amount of the re­ the available parental assets have been deter­ 24).—For purpose of the Basic Grants pro­ mainder of net assets____ _ gram effective income of the student is: That mined, a contribution rate of 5 percent will 14. If line 11 is a positive amount, “ be assessed on the parents’ net worth in ex­ amount of social security benefits paid to or cess of $7,500. Because the value of assets on behalf of a student because he is a stu­ enter that amount. If line 11 dent; and one-half of that amount of vet­ is a negative amount, enter grows, this rate of asset assessment will gen­ z e r o ______erally leave the family’s asset position largely eran’s readjustment benefits and/or war unimpaired. orphan’s benefits (exclusive of dependency 15. Determine net other assets of 18. Parental contribution from assets (line allowances) paid to or on behalf of a student applicant (and spouse)____ IS) .—The result of multiplying the available because he is a student. In both cases the 16. Multiply discretionary income ' parental assets (line 16) by the assets assess­ amount is the total to be received during the on line 14 by applicable rate ment rate (line 17) is the expected parental academic year for which Basic Grant assist­ to obtain standard contribu­ contribution from assets. ance is requested. Veteran’s dependency al­ tion «______;______19. Available other parental assets (line lowance are clearly not for the support of the Veteran himself. Therefore they are included 17. Multiply amount of assets of 19.).—In order to determine the amount of applicant (and spouse) en­ other parental assets which can be assessed with and given the same treatment as “other family income”. tered on line 13 by 0.33_____ X 0.33 for contribution for educational purpoes, an 18. Contribution from assets_____ other asset reserve of $7,500 is subtracted 25. Net assets of the student (line 25).— from the net other assets of parents (line 14). The applicant’s net assets would be defined 19. Subtract other asset reserve of in the same fashion as the assets of the par­ $7500 from amount entered 20. Other asset assessment rate (line 20).— ents. Debts against these assets would be Once the available other parental assets have on line 15 to obtain available been determined, a contribution rate of 5 deducted. Trust funds in the student’s name other assets of applicant ( and percent will be assessed on the parents’ net would be included. spouse) ______worth in excess of $7,500. 26. Student asset assessment rate (line 20. Multiply available other assets 26).—In determining a fair treatment of stu­ by 0.33______X 0.33 21. Parental contribution from other as­ dent assets the theory of the major need sets (line 21).—The result of multiplying the analysis systems has been followed; i.e., that 21. Contribution from other as­ available other parental assets (line 19) by because the student himself is the direct sets ______the other assets assessment rate (line 20) is beneficiary of postsecondary education, he 22. Add lines 16 plus 18 plus 21 to ‘ the expected parental contribution from should be expected to invest a greater por­ obtain standard . contribu­ other assets. tion of his resources in meeting his educa­ tion from income, assets, and 22. Standard parental contribution from tional costs than should be expected from other assets______:______income, assets, and other assets (line 22).— his parents. 23. Multiply standard contribution The standard parental contribution (con­ Usual financial aid procedures divide a stu­ by multiple student rate to tribution before multiple student adjust­ dent’s assets by the number of years remain­ determine expected family ment) from Income, assets, and other assets ing for a 4-year program of postsecondary contribution for each family is determined by adding the contribution education. The result of this division is con­ member in postsecondary from income (line 15), the contribution from sidered to be the student’s asset contribution. education______assets (line 18), and the contribution from other assets (line 21). For the Basic Grants program, a different 24. Total family contribution treatment of student assets is employed. One- equals sum of lines 1 plus 23. Multiple student adjustment (line third of the student’s assets (recalculated 2 3 ______.------23).—Adding the Parental Income Contribu­ each year) would be expected. This method is tion to the parental asset contribution and simple, provides a modest reserve for the EXPECTED FAMILY CONTRIBUTION FOR INDEPEND­ the other parental asset contribution re­ student, and avoids the assumption that all ENT STUDENTS ACADEMIC YEAR 1974-75 sults in the expected contribution from par­ students are enrolled in a. traditional 4-year Explanation of calculations.1 For the pur­ ents with one family member in postsec­ program. ondary education. Some adjustment must poses of the Basic Grants program, independ­ then be made for those families in which 27. Student’s contribution from assets ent (self-supporting) student status may more than one family member will be en­ (line 27).—The result of multiplying the be claimed if the applicant: rolled in postsecondary education for the student’s net assets (line 25) by the student (1) Has not been and will not be claimed academic year 1974-75. asset assessment rate (line 26) is that as an exemption for Federal income tax pur­ amount expected from student assets for poses by any person except his or her spouse Since each student has an allowance for educational purposes. costs of attendance, the family’s discretion­ for the calendar year(s) in which aid is 28. Total family contribution (line 28).— received and the calendar year prior to the ary income is effectively increased when academic year for which aid is requested, there is more than one family member in The total expected family contribution for postsecondary education. In order to deter­ a dependent student is determined by adding and mine the appropriate percentages, the con­ line 23 plus line 24 plus line 27. (2) Has not received and will not receive financial assistance of more than $600 (in tributions expected from different family EXPECTED FAMILY CONTRIBUTION FOR INDEPEND­ cash or kind) from his or her parent(s) in sizes were compared. These investigations ENT STUDENTS, ACADEMIC YEAR 1974—75 the calendar year(s) in which aid is received indicated that 140 percent of the contribu­ tion for one child would be *a reasonable Summary of Calculations and the calendar year prior to the academic year for which aid is requested, and assessment against the family with two stu­ Î7 Effective income of students__ dents. Thus, each student would receive 70 (3) Has not lived or will not live for more percent of the contribution which the fam­ 2. Adjusted gross income of ap- — than two consecutive weeks in the home of a ily would make if there were only one stu­ plicant (and spouse)-_____— prent during the calendar year(s) in which dent in the family. Similarly, 150 percent of 3. Other family income______+ aid is received and the calendar year prior to the single student contribution seemed ade­ the academic year for which aid is requested. 4. Annual adjusted family income Once a student has been determined to quate for the family with three children in of applicant (and spouse) postsecondary education; each student meet these criteria and is defined as an in­ (line 2 + line 3 ) ; ______= dependent student, his expected family con­ could expect 50 percent of the single stu­ 5. Federal income tax paid_____ — dent contribution. For families with four or tribution is calculated according to the 6. Effective family income______= process outlined below. more students, each family will be assessed gp ...... — 40 percent of the single student contribu­ 7. Family size offset__ - + tion for each child in postsecondary educa­ 1 Reference numbers are kneyed to Hue tion. 8. Unusual expenses-__ + Items of preceding summary.

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 PROPOSED RULES 26667 son who heads a household during the base 1 Effective income of student (line 1). multiple member families (weighted average thresholds at the low-income level) and ad­ year. It is recognized that both of these types For purposes of the Basic Grants program. of families will occur frequently in the lower Effective income of the student is: That justing for an estimated 4 percent inflation, the family size offset for a single member income families where Basic Grants eligibility amount of social security benefits paid to or is greatest. The offset provides that 50 percent nn behalf of the student because he is a family is $2,114 per year. Generally, a student is in school for approximately 65 percent of of the earnings of that person with the lesser student; and, one-half of the amount of earnings, or 50 percent of the earnings of the veteran's readjustment benefits and/or war the year (two 16-week semesters plus a 2- week break between semesters). Since his single head of household, will be protected orphan’s benefits (exclusive of dependency from any contribution-toward education. The allowances) paid to or on behalf of a student expenses during this 34-week academic year are covered in his cost of attendance, the mn.yimnm offset would be $1,500 and would because he is a student. In both cases, the thus assure that up to $30 a week would be amount is the total to be received during the $700 offset provides for his expenses during that period of time when he is not in school. available for the additional expenses which academic year for which Basic Grant as­ these persons face. sistance is requested. Dependency allow­ For married independent students and 10. Total offsets from income (line 10). The ances are clearly not for the support of the those with additional dependents, the family sum of line 7 (family size offset) plus line 8 Veteran himself. Therefore they are included size offset is the same as that for the parent’s (unusual expenses) plus line 9 (employment with, and given the same treatment as, of dependent students: expense offset) is the total amount which can “other family income”. Family size Family size offset be deducted from effective family income 2 Adjusted gross income of applicant (and 2 ______$2,800 (line 6) in order to determine discretionary spouse) (line 2). All income which is avail­ 3 ______3, 350 income. able to the applicant (and spouse) should 4 “ ______4,300 11. Discretionary income (line 11). The be considered in the evaluation of ability to 5 ______5,050 income which remains after adjustment has support the cost of postsecondary education. 6 ______5, 700 been made for family living expenses, Fed­ The most valid reference for'taxable income 7 " ______6,300 eral income taxes,, unusual expenses and the is the adjusted gross income item in the 8 __ ;•______7,000 employment expense offset may be identified Federal income tax return. This information 9 “ ______7, 700 as discretionary income. This income is is readily available and can be verified by 10 ; ___ L______8,400 available for the purchase of goods and referring to the IBS forms actually filed. services which enhance the standard of liv­ The decision as to which year’s income is 8. Unusual expenses (line 8) .—The Basic ing of the family, including postsecondary to be considered is a difficult one for inde­ Grants program is required by law to take education. pendent students. Traditionally, a student’s into consideration at least two kinds of un­ 12. Net assets of applicant (and spouse) income may vary considerably from year to usual expenses, those arising from a “catas­ (line 12). For purposes of Basic Grants, the year. While it may be preferable to ask the trophe” and “unusual medical expenses.” following types of assets will be considered: student to estimate his earnings for the cur­ It is proposed to use the Internal Revenue Equity in farm, business, home, other real rent year;-obtaining realistic projections of Service definitions for medical and dental estate, stocks, bonds, other investments, sav­ earnings would not be possible without es­ expenses and casualty loss(es) to constitute ings accounts, etc. Since equity is being tablishing counseling centers where students “ unusual expenses" for the Basic Grants pro­ measured, debts against the stated assets could be assisted in preparing this gram. The use of Internal Revenue Service will be deducted in evaluating the net worth information. definitions avoids the need for creating a of these assets. Because this is not feasible at this time, new definition of expenses which would be 13. Asset adjustment in cases of negative it has been determined that the adjusted used only by the Basic Grants program. How­ discretionary income (line 13).—In meas­ gross income to be considered is that amount ever, some distinction must be made between uring family financial strength both Income entered on the previous year’s Federal in­ expenses which may be itemized for income and assets must be considered. Very low in­ come tax form. tax purposes, and those itemized expenses come families may have a strong enough This also has the advantage of being con­ which are “unusual” for Basic Grants. asset position such that a contribution from sistent with the data collected for dependent For purposes of the Basic Grants program those assets can be expected. At the same students and assures that the family con­ those items which may be included as un- time, the calculation of discretionary income tribution o f all students is determined from usual expenses are: for those families may yield a negative the same base. 1, Those medical and dental expenses in­ amount due to the low level of income. 3. Other income of the independent stu­ curred during the base year (not compen­ Therefore, in order to arrive at a family dent (line 3)»Information on other income sated by insurance or otherwise) which may contribution which more equitably treats of the independent student must also be be listed as “medicine and drugs” on line 2 both the income and the assets of these collected since this income does clearly con­ of Schedule A, Form 1040 o f the Internal families, an amount sufficient to offset the tribute to^ financial strength and may repre­ Revenue Service and those expenses which negative discretionary income is subtracted sent a considerable portion of the income may be listed as “Other Medical and Dental from the net assets. The resultant amount of many Basic Grant recipients. Elements of Expenses” on line 6 of Schedule A, Form of adjusted net assets becomes the base other income are: Income from tax exempt 1040. The gross amount of all medical, dental from which the contribution from assets is bonds, that portion of pensions on which no and drug expenses may be listed. expected. Federal income tax is required, that portion 2. In addition, those casualty or theft 14. Discretionary income (line 14).—In of capital gains on which no Federal income loss(es) incurred during the base year per­ cases where the discretionary income on line tax is required, welfare benefits, social secu­ mitted by the Internal Revenue Service 11 is a negative amount a zero is entered rity retirement, child support payments, vet­ (Fonn 1040, Schedule A, line 30). here. Where line 11 is a positive amount, eran’s disability, income of persons who did The amount of unusual expenses which that positive amount is repeated here. not file income tax returns, etc. may be deducted is that amount of unusual 15. Net other assets of applicant (and 4. Annual adjusted family income of ap­ expenses (as defined above) in excess of 20 spouse) (line 15).—For purposes of Basic plicant (and spouse) (line 4).—Annual ad­ percent of the effective family income. This Grants, the following types of other assets justed family income is the sum of adjusted exclusion is designed to confine claims for will be considered: automobiles, boats, art, gross income (line 2), and other family in­ such expenses to those which are genuinely objects, electronic sound and visual equip­ come (line 3). T i n T im iA .l ment, jewelry, antiques, cameras, etc., each 5. Federal income tax paid by applicant 9. Employment expense offset (line 9). In of which has a value of $500 or more. Since (and spouse) (line 5). The legislation re­ constructing budgets which recognize mini­ equity is being measured, debts against the quires that a deduction be made, from an­ mum expenses for families, provision must be stated assets will be deducted in evaluating nual adjusted income, for the amount of made for the expenses of the breadwinner the net worth of these assets. Federal income tax paid on income received which occur as a result of employment itself. 16. Standard income contribution rate during the base year. Some expenses for clothing, transportation, (line 16).—Because of the direct benefits of 6. Effective family income (line 6). The re­ food, and other items are attributable to postsecondary education received by the in­ sult of subtracting Federal income tax paid occupational needs. When two persons work, dependent student, the expected contribu­ (line 5) from the annual adjusted family in­ additional employment expenses are incurred tion rate for such students from income has come (line 4) is effective family income. Also, if a household is headed by a single per­ traditionally been much greater than the 7. Family size offset (line 7). In addition son, the costs associated with that employ­ rate applied to the discretionary income of to taxes, there are basic Subsistence expenses ment are greater than for a comparable the parents of dependent students. In fact, which must be met before any contribution worker who has the economic advantage of a the independent student has usually been from income can be expected. These expenses nonemployed spouse. Therefore, in the de­ expected to use all of his discretionary in­ will vary depending on the size of the family termination of family contribution an “Em­ come for educational purposes. ployment Expense Offset” has been con­ involved. For the single independent student, In developing a system for the Basic this offset is $700 which covers the student’s structed to treat more equitably the income of the two-person family where both persons Grants program, it was felt that a 100 per­ summer living expenses. Using the same base cent contribution rate was excessive, espe- for deriving family size offsets as is used for work during the base year, or the single per­

FEDERAL REGISTER, VOL. 38, NO. 184— M ONDAY, SEPTEMBER 24, 1973 26668 PROPOSED RULES

cially for independent students with family tion from family Income and assets. Some Annual adjusted family income1 responsibilities. adjustment must then be made for those $1,000 The following income contribution sched­ families in which more than one family 225 ule was developed to accommodate these member will be enrolled in postsecondary $2,000 975 $3,000 responsibilities : education for the academic year 1974-75. I, 625 (a) 75 percent of discretionary Income for $4,000 2,263 Since each student has an allowance for $5,000 the single independent student with no costs of attendance, the family’s discretion­ 2,894 dependents. $6,000 3,516 ary income is effectively increased when $7,000 (b) 50 percent of discretionary income for there is more than one family member in 4,125 the married independent student with no $8,000 4,732 postsecondary education. In order to deter­ $9,000 dependents other than spouse. mine the appropriate percentages, the con­ 5,347 (c) 40 percent of discretionary income for tributions expected from different family $10,000 5,976 independent students who have dependents sizes were compared. These investigations $11,000 6,591 other than spouse. indicated that 140 percent of the contribu­ $12,000 7,201 The amount of expected contribution from tion for one child would be a reasonable $13,000 7,811 annual adjusted family income is shown in assessment against the family with two stu­ $14,000 8,404 the illustrative charts at the end of this $15,000 8,983 dents. Thus, each student would receive 70 $16,000 paper. Annual adjusted family income does percent of the contribution which the fam­ 9,546 not reflect the adjustments for Federal in­ ily would make if there were only one stu­ $17,000 10,108 come taxes paid, unusual expenses, or em­ $18,000 10,671 dent in the family. Similarly, 150 percent of $19,000 ployment expense offset. the single student contribution seemed ade­ II, 228 17. Asset contribution rate (line 17).■—In quate for the family with three children in $ 20,000 11,768 determining a fair treatment of student postsecondary education; each student 1 Adjusted gross income plus nontaxable assets, it has been assumed that since a stu­ could expect 50 percent of the single stu­ income. dent is the direct beneficiary of postsecond­ dent contribution. For families with four or ary education, he should be expected to in­ more students, each family will be assessed MARRIED INDEPENDENT STUDENTS WITH NO vest a greater portion of his resources in 40 perdent of the single student contribu­ OTHER DEPENDENTS (OTHER THAN SPOUSE) — meeting his educational costs than would tion for each child in postsecondary educa­ CONTRIBUTION FROM INCOME be expected from his parents. tion. Existing financial aid procedures divide a Annual adjusted family income1 student’s assets by the number of years re­ The following table summarizes the treat­ Less than: maining in a 4-year program of postsecond­ ment of families with different numbers of $ 1,000 ______o ary education. The result of this division is family members in postsecondary education: $ 2,000 ______0 considered to be the student asset contribu­ $ 3,000 ______86 tion. $ 4,000 ____ 515 Contribution Family contribu­ For the Basic Grants program, a different Number of per student as tion for all students $ 5,000 ______939 treatment of student assets is employed. students a percent of as a percent of $ 6,000 ______1,358 One-third of the student’s assets (recalcu­ standard standard contribu­ $ 7,000 ______1,771 lated each year) would be expected. This contribution tion $ 8,000 ______2,176 method is simple, provides a modest reserve $ 9,000 ______2,586 for the student, and avoids the assumption Percent Percent $10,000 ______3,005 that a student is enrolled in a traditional 1 ______— 100 100 $11,000 ______«______3,424 4-year program. 2 ...... __ 70 140 $12,000 ______3,833 18. Contribution from assets (line 18) j— 3 ...... 50 150 $13,000 ______4,240. The result erf multiplying the student’s net 4 or more.-V 40 160+ $14,000 ______4,635 assets (line 18) by the student asset assess­ $15,000 ______;______5,025 ment rate (line 17) is that amount expected 24. Total family contribution (line 24).— $16,000 ______5,408 from student assets for educational purposes. The total expected family contribution for $17,000 ______5,783 19. Available other assets of applicant (and an independent student is determined by $18,000 ______- 6,158 spouse) (line 19).—In order to determine $19,000 ______6,533 the amount of other assets which can be adding line 1 plus line 23. $20,000 ______6,900 assessed for contribution for educational pur­ contribution f r o m a n n u a e a d j u s t e d i n c o m e 1 Adjusted gross Income plus non-taxable poses, an other asset reserve of $7500 is sub­ FOR INDEPENDENT STUDENTS— NO DEPENDENTS )nnnmit tracted from the net other assets (line 15).

20. Other asset contribution rale (line Independent Students With Dependents I ncome C ontribution T able 20) .—A contribution rate of 33 percent (re­ calculated each year) is expected from other assets. Annual adjusted family Family siz e 21. Contribution from other assets (line 2 11 12 21) .—The result of multiplying the student’s 3 4 5 6 7 8 8 10 net other assets (line 15) by the student’s other asset assessment rate (line 20) is that L ess th a n : amount expected from students’ other assets $3,000...... $69 0 0 0 0 0 0 0 0 0 0 for educational purposes. 4,000______412 $236 0 0 0 0 0 0 0 0 0 6,000 .. _ _ 761 677 $241 0 0 0 0 0 0 0 0 22. Standard contribution from income, 6,000______1,086 916 682 $327 $129 0 0 0 0 0 0 assets, and other assets

FEDERAL REGISTER, V O L 38, N O . 184— M ONDAY, SEPTEMBER 24, 1973

Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of July 1,1973)

Title 31—Money and Finance: Treasury ______$4. 75 Title 41—Public Contracts and Property Management (Chapters 19-100)______:______2.30

[A Cumulative checklist of CFR issuances for 1978 appears in the first issue of the Federal Register each month under Title I]

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402