PHISir r » « s n ' TMfslMHsbsb«. E /S & B ß f t F 1 ©iSfeSsa fi > Ï 41 1

Vol.42—No.248 12-27-77 TUESDAY, DECEMBER 27y 1977 PAGES 64619-64675

SUNSHINE ACT MEETINGS...... 64659

RECYCLED ANIMAL WASTE HEW/FDA requests information and views on use in animal feed; submissions by 6-26-78 (Part II of this issue) ...... 64662 STANDARDS FOR PROTECTION AGAINST RADIATION NRC establishes additional requirements for caution signs, labels, signals, and controls; effective 3-14-78.... 64619 UNDERGROUND COAL MINERS HEW/PHS proposes revisions in specifications for chest roentgenograms (X-rays); comments by 1-26-78...... 64642 VETERANS BENEFITS VA proposes to amend rules on disability compensation and entitlement to specially adapted housing; comments by 1-26-78.:...... 64640 SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED HEW/SSA excludes earned income tax credit refunds from countable income; effective 12-27-77...... 64621 STERILIZATION HEW/HCFA and PHS schedule public meetings during January and February 1978 on previously published pro­ posed regulations...... 64649 MOTOR VEHICLE SAFETY STANDARDS DOT/NHTSA clarifies air brake standard...... 64630 NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY DOT/NHTSA establishes compulsory information gather­ ing procedures; effective 12-27-77; comments by 2- 10-78 ...... 64628 INCOME TAX Treasury/ 1RS amends rules on livestock sold on account of drought...... 64623 FEDERAL SAVINGS AND LOAN SYSTEM FHLBB grants additional lending powers; effective 12— 27-77 ...... 64620 FHLBB amends rules on loans to commercial farming enterprises; effective 12-27-77...... 64621 EXCISE TAXES Treasury/IRS provides rules on certain grants by private foundations ...... 64625 wamammtmmm CONTINUED INSIDE » AGENCY PUBLICATION ON ASSIGNED DAYS OF THE WEEK

The following agencies have agreed to publish all documents on two assigned days of the week (Monday/ Thursday or Tuesday/Friday). This is a voluntary program. (See OFR notice 41 FR 32914, August 6,1976.)

Monday Tuesday Wednesday Thursday Friday

DOT/COAST GUARD USDA/ASCS DOT/COAST GUARD USDA/ASCS

DOT/NHTSA USDA/APHIS DOT/NHTSA USDA/APHIS

DOT/FAA USDA/FNS DOT/FAA USDA/FNS

DOT/OHMO USDA/FSQS DOT/OHMO USDA/FSQS

DOT/OPSO USDA/REA DOT/OPSO USDA/REA CSC CSC

LABOR LABOR HEW/ADAM HA HEW/ADAMHA

HEW/CDC HEW/CDC

HEW/FDA HEW/FDA

HEW/HRA HEW/HRA

HEW/HSA HEW/HSA

HEW/NIH HEW/NIH

HEW/PHS HEW/PHS

Documents normally scheduled for publication on a day that will be a Federal holiday will be published the next work day following the holiday. L ^ i», , « Comments on this program are still invited. Comments should be submitted to the Day-of-the-Week. Program Coordinator, Office of the Federal Register, National Archives and Records Service, General Services Adminis­ tration, Washington, D.C. 20408.

ATTENTION: For questions, corrections, or requests for information please see the list of telephone numbers appearing on opposite page.

Published daily. Monday through Friday (no publication on Saturdays. Sundays, or on official Federal holidays), by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended, 44 U.S.a, Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. ï ) - Distributia S S B # *S made only by th® SuPerintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. T h ° e F ederal Register provides a uniform system for making available to the public regulations and legal notices issued bv Federal agencies. These include Presidential proclamations and Executive orders and Federal agencydocume 8 eLeral a p p S lh t y and legal effect, documents required to be published by Act of Congress and other Fedemla«en^ documentsof public interest. Documents are on file for public inspection in the Office of the Federal Register th y they are published, unless earlier filing is requested by the issuing agency. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $5.00 per month or $50 per year payable in a T ^ c T r a e chargeRaTindividual copies is 75 cents for each issue, or 75 cents for each group of pages “ actually bouad. Remit check or money order, made payable to the Superintendent of Documents, Ü.S. Government Printing Office, Was g D.C. 20402. There are no restrictions on the republication of material appearing in the F ederal R egister.

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 INFORMATION AND ASSISTANCE

Questions and requests for specific information may be directed to the following numbers. General inquiries may be made by dialing 202-523-5240.

fed er a l r e g i s t e r , Daily Issue: PRESIDENTIAL PAPERS: Subscription orders (GPO)...... 202-783-3238 Executive Orders and Proclama- 523-5286 Subscription problems (GPO)...... 202-275-3050 tions. “Dial • a * Regulation” (recorded 202-523-5022 Weekly Compilation*of Presidential 523-5284 summary of highlighted docu­ Documents. ments appearing in next day's Public Papers of the Presidents ... 523-5285 issue). Index ...... 523-5285 Scheduling of documents for 523-3187 PUBLIC LAWS: publication. Public Law dates and numbers...... 523-5266 Copies of documents appearing in 523-5240 523-5282 the Federal Register. - Slip Laws...... 523-5266 Corrections...... 523-5237 523-5282 Public Inspection Desk...... 523-5215 U.S. Statutes at Large...... 523-5266 Finding Aids...... 523-5227 523-5282 Public Briefings: “ How To Use the 523-3517 Index ...... 523-5266 Federal Register.” 523-5282 Code of Federal Regulations (CFR).. 523-3419 U.S. Government Manual...... 523-5287 523-3517 Automation ...... 523-5240 Finding Aids...... 523-5227 Special Projects...... 523-4534

HIGHLIGHTS— Continued

NATIONAL REGISTER OF HISTORIC PLACES MEETINGS— Fine Arts Commission: 1978 meetings...... 64651 Interior/NPS lists pending nominations; comments by Board of Architectural Consultants for the Old 1-6-78...... 64654 Georgetown Act, 1978 meetings...... 64651 HEW/OE: National Advisory Council on Bilingual LIMITED COAST STATIONS Education, 1-23 and 1-24-78...... 64653 National Advisory Council on Equality of Education­ FCC amends rules on frequency assignments for ship al Opportunity, 1-14—78...... 64653 and land stations; effective 12-30-77...... :...... 64627 Interior/NPS— Cuyahoga Valley National Recreation Area Advisory Commission, 1-19-78...... 64655 Indiana Dunes National Lakeshore Advisory Com­ PRIVACY ACT mission, 1-20 and 1-21-78...... 64655 Federal Home Loan Mortgage Corporation issues imple­ SEPARATE PARTS OF THIS ISSUE mentation regulations; effective 12-27-77...... 64631 Part II HEW/FDA...... 64662

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

DOT/CG— Self-propelled vessels carrying Rules Going Into Effect Today hazardous liquids; safety rules. ■ \ 49016; 9-26-77, 56608; 10-27-77 CAB— Free and reduced-rate transportation for travel agents; advanced booking charters...... 56722; 10-28-77 List of Public Laws Free and reduced rate transportation for travel agents; inclusive tour charters. 56725; 10-28-77 Note: No public bills which have become Free and reduced-rate transportation for law were received by the Office of the Federal travel agents; one-stop-inclusive tour Register for inclusion in today’s List of charters...... 56726; 10-28-77 Public Laws.

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 iii contents Proposed Rules HEALTH CARE FINANCING AGENCY FOR INTERNATIONAL ADMINISTRATION DEVELOPMENT Television broadcast stations; table of assignments: Proposed Rules Notices Utah; extension of time------64649 Sterilizations funded by HEW; Authority delegations: Bangladesh, Mission Director, Notices meetings------1------64649 et al.; loan and grant agree­ Rulemaking proceedings , filed, ments ______64657 granted, denied, etc.; petitions IMMIGRATION AND NATURAL!ZATION Indonesia, Mission Director, by various companies; extension SERVICE et al.; loan and grant agree­ of tim e------64651 Proposed Rules ments ------64658 FEDERAL HIGHWAY ADMINISTRATION Immigration regulations : Pakistan, Mission Director, Students; reinstatement in law­ et al.; loan and grant agree­ Rules ful status in deportation ments _•______-— 64658 Highway safety program stand­ proceedings ; extension of Philippines, Mission Director, ards: et al.; loan and grant agree­ Grant criteria, incentive; exten­ time '------64640 ments ------64658 sion ______64623 INTERIOR DEPARTMENT AGRICULTURE DEPARTMENT FEDERAL HOME LOAN BANK BOARD See Land Management Bureau; See Food Safety and Quality Rules National Park Service. Service; Rural Electrification Federal savings and loan system: Administration. Commercial farming enter­ INTERNAL REVENUE SERVICE CIVIL SERVICE COMMISSION prises ______64621 Rules High ratio loans------64620 Rules Excise taxes: Excepted service: FEDERAL HOME LOAN MORTGAGE Foundations, private; grant Agriculture Department------64634 CORPORATION making procedures, failure to Arts and Humanities, National obtain advance approval---- - 64625 Rules Income taxes: Foundation (2 documents) __ 64635 Privacy Act; implementation------64631 Defense Department______64634 Livestock sold on account of Executive Office of President FEDERAL MARITIME COMMISSION drought------64623 et al.; revocations______64636 Health, Education, and Welfare Notices JUSTICE DEPARTMENT Department (3 documents)-- 64634, Agreements filed, etc. (2 docu­ ments) ______64652, 64653 See Immigration and Naturaliza­ 64636 tion Service. Interior Department-:______64635 Tariff filing requirements; appli­ Labor Department______64635 cations for exemption: LABOR DEPARTMENT Small Business Administration- 64635 United Transportation, Inc— - 64653 See Occupational Safety and Treasury Department—------64636 FEDERAL RAILROAD ADMINISTRATION •Health Administration. DISEASE CONTROL CENTER Notices Proposed Rules Guarantee of obligations; receipt LAND MANAGEMENT BUREAU Coal miners, underground med­ of application; correction------64658 Notices ical examinations of ; chest FINE ARTS COMMISSION Withdrawal and reservation of roentgenographic ______64642 Notices lands, proposed, etc.: EDUCATION OFFICE Meetings (2 documents)------— 64651 Montana; correction------— 64654 Notices FOOD AND DRUG ADMINISTRATION MATERIALS TRANSPORTATION BUREAU Meetings: Rules Bilingual Education National Rules Advisory Council------64653 Animal drugs, feeds, and related Shippers: Equality of Education Oppor­ products: Cylinders, DOT 3HT; service tunity National Advisory Chloramphenicol oral solution-. 64622 life extension; correction---- 64628 Council______64654 Radiological health: X-ray systems; performance ENVIRONMENTAL PROTECTION AGENCY NATIONAL HIGHWAY TRAFFIC SAFETY standards; correction—------64623 ADMINISTRATION Proposed Rules , Notices Air quality implementation plans ; Animal waste, recycled, use as Rules approval and promulgation; animal feed; inquiry------64662 Highway safety program stand­ various States, etc. : ards: Pennsylvania ______64642 FOOD SAFETY AND QUALITY SERVICE Grant criteria, incentive; ex­ Rules tension Of---- ;------^coo FEDERAL COMMUNICATIONS Information gathering powers. 64628 COMMISSION Watermelons (fresh); grade standards; correction------64639 Motor vehicle safety standards: Rules Brake systems, air; interpreta- FM broadcast stations; table of HEALTH, EDUCATION, AND WELFARE tlo n ------<¡4630 assignments : DEPARTMENT Connecticut______64627 See Disease Control Center; Edu­ NATIONAL PARK SERVICE Maritime services, land and ship­ cation Office; Food and Drug board stations: Administration; Health Care Notices Limited coast stations, fre­ Financing Administration; Pub­ Authority delegations: quency assignments; editorial lic Health Service; Social Secu­ Pacific Northwest Region, Su- changes______64627 rity Administration. perintendents, et al------6465o

iv FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 CONTENTS

Concession permits, etc. : PUBLIC HEALTH SERVICE SOCIAL SECURITY ADMINISTRATION Grand Canyon National Park__ 64656 Proposed Rules Lake Mead National Recreation Rules Area —vi------64655 Sterilizations funded by HEW; re­ Aged, blind, and disabled; supple­ Historic Places National Register; strictions; public meetings ; mental security income for: additions, deletions, etc____64656 cross reference.______64649 Management and development Earned income tax Credit re­ plans : RENEGOTIATION BOARD funds; exclusion from in­ Sequoia National Park, Calif.; Notices come ------64621 meeting ------64654 Contractor’s report and applica­ Meetings : tion for commercial exemption, STATE DEPARTMENT Cuyahoga Valley National Rec­ standard forms; extension of See Agency for International De­ reation Area Advisory Com­ time for filing______64657 mission ------64655 velopment. Indiana Dunes National Lake- RURAL ELECTRIFICATION ADMINISTRATION shore Advisory Committee__ 64655 TRANSPORTATION DEPARTMENT Notices nuclear r eg u la to r y com m ission See Federal Highway Administra­ Rules Environmental statements; avail­ tion; Federal Railroad Adminis­ ability, etc. : tration; Materials Transporta­ Radiation protection standards: Dairyland Power Cooperative_ 64651 tion Bureau; National Highway Caution signs, labels, etc_____ 64619 SMALL BUSINESS ADMINISTRATION Traffic Safety Administration. Notices Proposed Rules Applications, etc.: Small business size standards : TREASURY DEPARTMENT Power Authority of State of Architectural and/or engineer­ See Internal Revenue Service. New York_____;______64657 ing services, procurement for; OCCUPATIONAL SAFETY AND HEALTH small business definition; VETERANS ADMINISTRATION ADMINISTRATION w ithdraw al______64640 Rules Notices Proposed Rules State plans for enforcement of Disaster areas: Adjudication; pensions, compen­ standards: Washington______64657 sation, dependency, etc.: Nevada______64626 Wisconsin ______64657 Housing; specially adapted___ 64640

list of cfr ports affected in tñís issue

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected,' covering the current month to date, follows beginning with the second issue of the month. A Cumulative List of CFR Sections Affected is published separately at the end of each month. The guide lists the parts and sections affected by documents published since the revision date of each title.

1 CFR 20 CFR 40 CFR 461_____ -J-..*______i ______63631 416______64621 P roposed R ules: 52______64642 5 CFR 21 CFR 42 CFR 213 (12 documents)__ __ 64634-64636 555 ______64622 1020 ______—. __ 64623 P roposed R ules: 7 CFR 37______. ___ 64642 50 (2 documents)______64649 2851 ______64639 23 CFR 1214 _____ .__ ___ 64623 45 CFR 8 CFR 1215. ______64623 P roposed R ules: Proposed Rules : 205 (2 documents)__ ..__ ; 64649 242______26 CFR _'_ ___ 64640 47 CFR 1 ______. 64623 10 CFR 7 ______64623 7 3 ______64627 53______64625 81______64627 20______i : ______64619 83 ______64627 12 CFR 29 CFR P roposed R ules: 545 (2 documents)__ _ 64620-64621 1952______64626 73______64649 49 CFR 13 CFR 38 CFR 173’ ______. ___ 64628 Proposed R ules:P roposed R ules: 5 Ï 0 ______64628 121 ______64640 3 _.. ___ 64640 5 7 1 ______„ ______. _ _ 64630

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 V CUMULATIVE LIST OF PARTS AFFECTED DURING DECEMBER 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 December. 1 CFR 7 CFR— Continued 12 CFR— Continued Ch. I ______*______- 61029 Proposed R ules: P roposed R ules— Continued 461______64631 26______61473 226______62146 622______61599 614______63179 3 CFR 653______64122 615— ______- 63179 P roclamations : 726______63790 4542______62467 Ch. IX______61599 13 CFR 912 ______63426 104______63636 Executive Orders: 913 ______63426 118______61857 11342 (Revoked by EO 12029)— — 63631 916 ______, _____ 63646 122 ______r ------61857 11491 (Amended by EO 12027)---- 61851 917 ______63646 123 ______61031 11541 (Amended by EO 12027)___ 61851 928______61867, 62012 315______62904 11636 (Amended by EO 12027) — 61851 959______x_ ____ 61474,61867 11769 (Revoked by EO 12024)------61445 967______63178 P roposed R ules: ¿¡ 11861 (Amended by EO 12025)--- 61447 980______63894 107______.______61284, 61869 11948 (Amended by EO 12029)---- 63631 987______64122 111______62012 11954 (^mended by EO 12030)---- 63633 1001______62444 120______63898 12021 ______61237 . 1004______63178 121— ______— 64640 12022 ______61441 1421-______63895 12023 ______61443 1427______64126 14 CFR 12024 ______61445 1701______61279,64362, 64363 39______61034-61038, 12025 ______61447 61993, 61995-61997, 62357, 63164, 12026 ______- ______61849 8 CFR 63165, 63637, 64109-64111 12027 ______- ____ _ 61851 61449 71______61036-61038, 12028 ______62895 61998, 61999, 62358, 62359, 63167, 12029 ______63631 P roposed R ules: 63168, 64112, 64113 12030 ______63633 242______63426, 64640 73 ______61038, 62360 12031 ______— ^— 64099 244______63427 75 ______61039, 62000, 62359, 62360 R eorganization P lans : 97______61039, 63638 No. 1 of 1977 (See EO 12028)______62895 9 CFR 152______64114 No. 2 of 1977______62461 51______— _____ 64336 207______61251 73______61245,61246 298______62904 5 CFR 78 ______64339 370______63385 213______61239, 79 ______63384 385— ...... - ______61858 61240, 62587, 62139, 62140, 62469, 92______—______63384 P roposed R ules: 63379, 63767-63770, 64335, 64634- 97______63770 21 ______61048, 62400, 63646 64636 101______63770 36______62400, 63646 332______*______1-,___61240 113______61246 39— 61048, 62014, 62398, 63180, 63646 591______- ______64335 331______62143 71______61049, 831______— 61240 381______62143 62015-62017, 62399, 63181, 64127- 7 CFR P roposed R ules: 64134 317______61279 7 3 ______61049, 63181 2_ 61029, 64355 61279 75 62017 16 62491, 64101381______91______62400, 63646 1 7 ______63163 137______62400 25 ______62387 10 CFR 221_____ - ______61870 25A______62387 9______62125, 62471 298______62930 26 ______61987 20______64619 300__ 63898 68______- _ 64356 40 ______61853 369______61408 105______61030 73 64103 371 ____*______61420 271______61240, 64356205 61271, 64104 372 ____ 61420 725______61587 211 _61853, 62897 372a______61420 728 ______62470 212 ______•-___ 62125, 62897 373 ______61420 729 _ 61588450______61991 378______61420 730 ______62470 1000______61856 378a______61420 751______62470 P roposed R ules: 777______- 62470 15 CFR 905___ 61590, 61853, 62470, 63635, 63881 211______62493, 63896 214-______62493, 63896 13_____ 62907 907______- _____ 61030, 30_____ 63385 61991, 63163, 63379, 64101, 64360 12 CFR 303____ 62907 909 ______*—■ 63635 370____ 62911 910 ____ 61242, 62140, 63379, 64360 202 — ______62903 372____ 62911 911 ______63636 217___ ...... ______61247 62911 226______61248, 64106 373____ 915______63636 374 ______62911 987______—______61591 329— 4______64108 62911 335— ______61249 375 ______989______63881 376 ______62361 1133______61449 339______64109 61253 1421______.____ 63380 511______61250 377 ______399___ 62911 1464______61591, 61592, 62393 545___ 61450, 64620, 64621 64314 1813______64102 ______61977 803___ 701___ 806___ 64314 1822______61243 P roposed R ules: 1888______64101 16 CFR 1901______——____ 62141 Ch. I______62145 7______61058 1_____ 61858 2018______64102 61450 2851______63381, 64639 201______63897 3_____ vi FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 FEDERAL REGISTER

16CFR—Continued 21 CFR— Continued 23 CFR— Continued a ______62912 175 ______...... — 61254 P roposed R ules: ,3' ______- _____ 61450, 176 ______62130 620______61050 61858, 62912, 63385, 63640, 63883 177— ______...... 61254, 61594 628______— ______61474 800------— ----- 63883 178______61254 U45______63354, 63730 193______62131 24 CFR 1201______61859 250___— ______63771 115— ______63424 1302______63731 310______63386 221______— ______62131 1304------63362 429______64342 236____— ______62131 1305— —------.------— 63364 436______— 61255 812______63744 1500______61593, 63742, 64288 510______63387, 63773 880______— 63744 1700------62363 520______61255,61594, 63773 881 ______-______63744 Proposed R ules : 522______61256 882 ______63745 4____-____ —___ -______64135 524___„______63388 883 ______63745 416______62146 539 ______64342 886______63745 438-______62496, 63791 540 ______61256, 64342 1914______61451, 64075, 64117 441______61871 546______— ^______61256 1915-______61544, 64068, 64075 1120______63183 555______-______64622 1916 ______62365, 62366 1145______63183 556 ______61256 1917 ______61804, 1201______63586 558______61256 63708-63719, 63870-63879, 64068- 1402______61612 570______62130 64074 1500______63899 660______61257, 63389 1920___ 61804, 63340-63341, 64078, 64079 1510------63899 701______61257 1005______„ 62130 P roposed R ules: 17 CFR 1010______— _____ — 61257 280______— ______61966 1020______61257, 64623 1917— ______61806-61815, 32------61831 61952-61963, 63046-63055, 63342- 200______62127 P roposed R ules: 63351, 64276-64284, 64536-64545 211--- — 64304 16______61285 2205___ 64370 240------, ------62128 52______61285 249______-63883 71______61285 25 CFR 270______I------63722 81______—- ______62497 177...... — ______63394 Proposed R ules: 101______61285, 62159, 62282 P roposed R ules: 1___*______62147, 63427, 63899 130— ____ _ ...... 62282 231...... 62394 15------64364 133— ______63431 17 ------62147 145______...... 62160, 62282 26 CFR 150______18 ------62147 ...... 62160 1 ______61595, 63410, 63640 19 ------64364 155______— ______62282 170 ____ _ 7— ------64623 210------63578, 64311 ------—____ 61285 53______64625 240______63066 171 ______61285 172 ______— ______62160 301______63411 10 CFR 180______403 ______64344 ______62160 404 ___ 63418, 63419 Proposed R ules: 189— ______62160 207______...... 61287 P roposed R ules: 2__------62018, 62496 310— — — _____ 61285, 62160 1______61613, 154— ------_------62018, 62496 312______61285 62932, 62934, 63648, 63791, 63903 19 CFR 314______61285 310____ 63431 320______— ___ 61285 101-1------61860, 63183 330______— 61285 23 CFR 141______62364 344______63556 0------63169 153------63887, 64115, 64116 430 ______61285, 62160 2 ___ 63773 Proposed R ules: 431 ______61285 14______62000 200------61871 510„______...... 61285,62160 20______61595 511______61285 0— ______63169 20 CFR 514______61285, 64367 5------62132 416------64621 570______61285 40______62133 501------62471 571— ____ — ______61285 45—______64118 602------62133 589______------62160 94______61822, 62316 603------62 1 33 601— _____ 61285,61613, 62162 97— ______62316 620------62 133 607— — . — ...... 61287 97b______61822 651------i____ 62134 610______61613, 62162 2510______61258 653------62134 630— ______61285 P roposed R ules: 658— ------62 1 34 650______------61613 700 ______------62160 522—...... — 64082 Proposed R ules : 701 ______524______64082 ______61285 527______64082 601------61818, 63791 807______— 1_____ 61287 615------61834 1010______61285 542______64082 619------61842, 63791 1308______------63647 544___ 64082 640------62159 22 CFR 549____ 64082 654------63428 551______— _____ — 64082 21 CFR 61451 1904— _____ 61615 73 ------61254, 62129, 63386 P roposed R ules: 1910------62734, 62892 74 ------„ 62129, 62472 216______63900 2617----- 61051 81 ---- 61254,62129, 62472-62478, 63386 23 CFR 29 CFR 82 ------62472, 62475 1214------64623 520— ______64344 133------62i30 1215 ------64623 1952______63422

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 vii FEDERAL REGISTER

29 CFR— Continued 39 CFR 45 CFR— Continued \ P roposed R ules: I 232-t.______63170 171------63574 522______63434 259______63170 178------61043 525______63436 265______63170 198------61232 1952______64373, 64626 601______62367 228------61263 3002______—. 63781 1068—;______63171 30 CFR P roposed R ules: 1069------61861 232______63911 1336------62137 700______-_____ 62675 1470------63172 710___—______62677 257______63903 1801------64298 715 ______62680 40 CFR 716 ______62691 P roposed R ules : 717 _____- __ 62695 3 ______62134 185------61402 718 ______62700 52 ______-______61453, 63781 205______62718, 62732, 63651, 64649 720 ______—...... 62700 60 ______61537, 62137 1067------62506 721 ______62700 61 ______62137 1321------61479 722 ___, ______62701 180______61259, 61985, 62913, 63782 723 ______— 62702 204 ______61453 46 CFR 62704 205 _ 61456,61457 725______406______62368, 64345 4------61200 740______62706 7------__ 63174 62710 710______64572 795______750___ 61259 30______^------63643 830______62712 70______63643 837______62713 P roposed R ules: 78______63643 Ch. I______61287 90______63643 31 CFR 50 _ 63076 97------63643 103______—— 63774 51 ____ 63087, 63184, 64378 148______— 63643 128______- 63096 52—— ______— — 62020, 175______63643 205______62927 62163, 62504, 63184, 63796, 63912, 182______—------63175 P roposed R ules: 63913,64378, 64642 185— ______63643 60___ 62164 203______— 62308 196— ------63643 62308 162______63437 280______61460 214______171______61973 507______62914 317______62308 211______61289 321...... 62308 536______——...... — 61047, 62372 41 CFR P roposed R ules: 32 CFR 8-5______—. _____ 61043 153______64134 242a— ...... 63774 15-1______63783 502___— ______62939 242b______63775 101-21______62485 707______—___ 61596 101-26______61597, 62485 47 CFR P roposed R ules: 101-27______61861 0_^______- ____ 62918, 63787 70______62934 101-32______63642 1 ______63787 288______62503 101-44______61043 2 ______62002 105-61______61861 73—______— 61862, 33 CFR 105-63______63626, 63787 62138, 62372, 62918, 63175, 63887, 63889, 64348,64627 82______63169 P roposed R ules: 110______61474, 62001 51-5______64378 76______64348 117______61041, 61042, 61475 78______61864 128...... 63641 42 CFR 81______62373, 63890, 64627 165______63368 36______- _____ w— 61861 83______62373, 63643, 64627 209______12118 51a______63568 91______63890 66______63389 P roposed R u l es: P roposed R ules: 122______62268 2______63184 117______61051 124______62268 67______61876 36 CFR 449______64345 73______- ______61290, 478______— 62276 61877, 61878, 62164, 62396, 63913, 2______61042 P roposed R ules: 64379, 64649 7______61042,62482 61452, 63777 37______,______64642 87______62508 223.______50— 62718, 62732, 63651, 63797, 64649 330______61986 49 CFR Ch. n______62168 43 CFR 1______— ...... 61865 P roposed R u l es: Ch. II— ______64119 173______-______63 644, 64628 9______63058 33______62913 178______— 61464, 63644 254______63649 3520______64346 179 ______61465 P roposed R ules : 37 CFR 209 ______62920 2800______62505 221______62002 201______63778, 63779 4100______43437 225_____ -62005 P roposed R ules: P ublic Land Orders : 394— ______61865 201______61051, 64374 5187 (Amended by PLO 5627) _ 63170 510______64628 203______61476 5627______63170 527____ !______64119 204______61476 5628— —______63422 537______—- 62374 Ch. I ll______62019 5629______63423 571____ 61465, 61466, 62386, 64119, 64630 45 CFR 850_____ 61204 38 CFR 1003______-______— 64349 12—,—. 61263 8______—. _____ 62367 163___ 61226 1033— ______61269, P roposed R ules: 163a__ 61226 61597, 62006, 62486, 62925, 63176, 3______62396, 64640 168___ 64566 63423, 63645, 63788, 63890

viii FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 FEDERAL REGISTER

49 CFR— Continued 49 CFR— Continued 50 CFR 1080______61471, 62489 1211— ______62006 20------61270 1100______62486, 64349 1301------=.------63424 25------64120 1109------62139 1306 ------63891 33------62010, 62490, 63177, 64354 1127______62921 1307 ------63891, 64352, 64353 1131______64349 1310------64349 216------64121, 64548, 64551 1201 ______:------64350 258— ------— 61270 1202 ------64351 P roposed R ules: 611------61471, 62926 1205— ______64351 192------62397, 64136 651...... 63892 1206— ------64351 195------62397, 64136 P roposed R ules: 1207 ______64351 523------63184 1208 ______64351 533------63184 17...... 61290, 64382 1209 ----- 64352 571—------64136 20—------61878, 63437 1210 ______64352 1106------62939 215_------64138

FEDERAL REGISTER PAGES AND DATES— DECEMBER Pages Date Pages Date Pages Date 61029-61236------Dec. 1 62125-62356______9 63631-63766...... 19 61237-61439______2 «2357-62459______« 12 63767-63880—...... 20 61441-61585— ______5 62461-62893____ 13 63881-64097______21 61587-61847______6 62895-63161______14 64099-64334____ 22 61849-61975______7 63163-63377______15 64335-64617...... 23 61977-62123______8 63379-63629...... 16 64619-64675-...... 27

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 ix > 64619 rules onci regulations

;SSSM5 si^ rrs ï ï æ ,~ -*.-■ *"*~ B E G lI™ “ ?ue°ofFee?ch '' ^ T ™ * ' b ï th* « T ” * ? " * "» ° f P"ces et ne» beate ere listed in the first FEDERAL

[7590-01 ] Interested persons were invited to sub­ device is functioning. The reason for Title 10— Energy mit written comments or suggestions for eliminating the requirement is that irra­ consideration in connection with the diators frequently are left to function CHAPTER I— NUCLEAR REGULATORY proposed amendments by June 17, 1976. COMMISSION automatically for extended periods when Licensees were also invited to comment there would be no operator to note the PART 20— STANDARDS FOR PROTECTION on alternative safety measures to those indication of failure of normal function. AGAINST RADIATION proposed and on the amount of time it Furthermore, other provisions of the Caution Signs, Labels, Signals, and might take to achieve compliance with amendments require that backup devices Controls the proposed regulation. function to sound alarms and to reduce All of the 18 comments received ac­ the radiation levels when the primary AGENCY : Nuclear Regulatory Commis­ knowledged the need for strong controls sion. ||g entry control devices fail. Since the “fail­ over the use of highly radioactive sour­ safe” circuitry for many entry control ACTION : Final rule. ces. Several commenters said that their devices would make it very difficult to facilities were essentially already in com­ SUMMARY : This rule establishes addi­ provide such an indicator,^ the Commis­ pliance with the proposed regulation or sion believes that the benefit of having tional requirements to improve safety in that they could comply with such a regu­ the use of and reduce the probability of such an indicator is outweighed by the lation by making relatively simple and problems accompanying its installation. accidental exposure of workers to sealed inexpensive modifications to their ex­ radioactive sources that produce very Paragraph (c)(6)(i) has also been isting facilities or operations. Some com­ changed to clarify that the radiation high levels of radiation. The rule applies mentators offered very specific sugges­ to such sources when they are used in levels to be reduced are those from the tions which, while appropriate for opera­ sealed irradiation source itself, and that devices (called irradiators) to irradiate tions at a particular facility, were not of materials for various purposes (e.g., the entry control device must function sterilization of medical products, studies sufficiently broad applicability to be in­ not only to reduce the level of radiation of radiation effects on materials). The corporated into a regulation. However but also to prevent the source from being amendment was developed in response to appropriate suggestions of this sort placed in operation until the control sys­ the occurrence of a serious overexposure might be suitable and will be considered tem is functioning properly. to a high-level radiation source at a for inclusion in a regulatory guide for Paragraph (c) (6) (ii) has been changed licensee’s irradiator. applicants for licenses to operate an to clarify that the additional controls irradiator. required therein must operate upon fail­ EFFECTIVE DATE: These amendments A few commenters felt that the pro­ ure of the entry control devices to func­ become effective on March 14,1978. posed application of the requirements to tion as required by paragraph (c) (6) (i). Note.—The Nuclear Regulatory Commis­ facilities such as research reactors or Paragraph (c) (6) (iii) has been modi­ sion has submitted this rule to the Comp­ certain radiographic devices would be fied to make it clear that the physical troller General for such reviews as may be inappropriate. And others felt that it radiation barriers referred to are those appropriate under the Federal Reports Act, would be impractical or too expensive other than the source’s storage container as amended, 44 U.S.C. 3512. The date on to apply the requirements in facilities or permanent structural components which the reporting requirement of this rule where the source must be moved about becomes effective, unless advised to the con­ such as walls that have no credible like­ trary, accordingly reflects inclusion of the 45- to a variety of non-standard positions. lihood of failure in ordinary circum­ day period which that statute allows for such These comments havè been accommo­ stances. A requirement has also been in­ review (44 U.S.C. 3512(c) (2) ). dated in the amendments either by limit­ cluded in this paragraph for monitoring ing the applicability of the requirements FOR FURTHER INFORMATION CON­ the storage shield’s integrity when the TACT: to irradiators or by permitting the rela­ shield is a liquid. tively few licensees with particular needs, Paragraph (c) (6) (vii) has been Frederick Combs, Office of Nuclear such as those for special source place­ changed to allow continuous operations Material Safety and Safeguards, Ma­ ment or location, to comply with the to proceed without daily entry control terials Licensing Branch, U.S. Nuclear regulations by proposing and receiving checks unless operations are interrupted Regulatory Commission, Washington, NRC approval of alternative safety and then resumed. D.C. 20555, 301-427-4232. measures that will provide an equivalent degree of safety. Requirements have been included in Jerrold L. Caplin, Office of Standards (c) (6) Cviii) for the control of those ma­ Development, Occupational Health After consideration of the comments terials entry and exit portals to the ir­ Standards Branch, U.S. Nuclear Regu­ received and other considerations, the radiation area that are not intended for latory Commission, Washington, D.C. Nuclear Regulatory Commission has use by individuals. . 20555, 301-443-6920. adopted the proposed amendments to Part 20 with certain clarifying modifica­ A paragraph (c) (7) has been included SUPPLEMENTARY INFORMATION: tions and other changes, the more im­ to provide allowance for the use of al­ On May 3, 1976, the Nuclear Regulatory portant of which are summ’arized as ternative safety measures in facilities Commission published a proposed follows : with special requirements. amendment in the F ederal R egister (41 The prefatory language of § 20.203(c) Pursuant to the Atomic Energy Act of FR 18320) to § 20.203 of the Commis­ (6 ) has been modified to make clear 1954, as amended, the Energy Reorgani­ sion’s regulations to require additional that the sources to whiçh the new re­ zation Apt of 1974, as amended, and Sec­ controls to reduce the likelihood of per­ quirements apply are irradiator sources. tions 552 and 553 of the United States sonnel exposure to life-threatening radi­ A footnote has been added explicitly to Code, the following amendment to Title ation doses in short periods of time. The specify those sources that are not in­ 10, Chapter 1, Code of Federal Regula­ proposed amendment was developed in cluded in the new requirements. tions, Part 20, is published as a document response to the occurrence of a serious Paragraph (c) (6) (i) has been modified subject to codification. overexposure to a high-level radiation to eliminate the requirement for an in­ New paragraphs (c) (6) and (c) (7) are source at a licensee’s irradiator. dicator to signal that each entry control added to § 20.203 to read as follows:

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64620 RULES AND REGULATIONS

§ 20.203 Caution signs, labels, signals, the hazard and the licensee or at least warning systems to be established and and controls. one other individual, who is familiar adhered to as a condition of the license. ***** with the activity and prepared to render (viii) Have those entry and exit portals or summon assistance, aware of such that are used in transporting materials * (c) High radiation areas. * * * failure of the entry control devices. to and from the irradiation area, and (6) Each area in which there may exist (iii) Be equipped with control devices that are not intended for usé by individ­ radiation levels in excess of 500 rems in such that upon failure or removal of uals, controlled by such devices and ad­ one hour at one meter from a sealed physical radiation barriers other than ministrative procedures as are necessary radio-active source1 that is used to ir­ the source’s shielded storage container to physically protect and warn against radiate materials shall2: the radiation level from the source shall inadvertent entry by any individual (i) Have each entrance or access point be reduced below that at which it would through such portals. Exit portals for equipped with entry control devices be possible for an individual to receive processed materials shall be equipped to which shall function automatically to a dose in excess of 100 mrem in one detect and signal the presence of loose prevent any individual from inadver­ hour; and visible and audible alarm sig­ radiation sources that are carried toward tently entering the area when such ra­ nals shall be generated to make poten­ such an exit and to automatically pre­ diation levels exist; permit deliberate tially affected individuals aware of the vent such loose sources from being car­ entry into the area only after a control hazard and the lieensee or at least one ried opt of the area. device is actuated that shall cause the other individual, who is familiar with (7) Licensees with, or applicants for, radiation level within the area, from the the activity and prepared to render or licenses for radiation sources that aré sealed source, to be reduced below that at summon assistance, aware of the failure within the purview of paragraph (c) (6) which it would be impossible for an in­ or removal of the physical barrier. When of this section, and that must be used in a dividual to receive a dose in excess of the shield for the stored source is a variety of positions or in peculiar loca­ liquid, means shall be provided to moni­ tions, such as open fields or forests, that 100 mrem in one hour; and prevent op­ make it impracticable to comply with eration of the source if the source would tor the integrity of the shield and to sig­ nal, automatically, loss of adequate certain requirements of paragraph (c) produce radiation levels in the area that (6) of this section, such as those for the could result in a dose to an individual in shielding. Physical radiation barriers that comprise permanent structural automatic control of radiation levels, excess of 100 mrem in one hour. The en­ may apply to the Director, Office of Nu­ try control devices required by this para­ components, such as walls, that have no clear Material Safety and Safeguards, graph (c) (6) shall be established in such credible probability of failure or removal U.S. Nuclear Regulatory Commission, a way that no individual will be pre­ in ordinary circumstances need not meet Washington, D.C. 20555, for approval, vented from leaving the area. the requirements of this paragraph prior to use of safety measures that are (ii) Be equipped with additional con­

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 RULES AND REGULATIONS 64621

eral savings and loan associations. The for Federal savings and loan associa­ [4 1 1 0 -0 7 ] B oard believes these amendments are tions to invest in farm loans. Title 20— Employees' Benefits necessary to extend availability of home- EFFECTIVE DATE: December 27, 1977. mortgage financing in light of recent in­ CHAPTER III— SOCIAL SECURITY ADMIN­ creases in housing costs. FOR FURTHER INFORMATION CON­ ISTRATION, DEPARTMENT OF HEALTH, TACT: EDUCATION, AND WELFARE EFFECTIVE DATE: December 27, 1977. Harry W. Quillian, Associate General [Regulations No. 16] FOR FURTHER INFORMATION CON­ Counsel, 1799 G Streets NW., Wash­ PART 416— SUPPLEMENTAL SECURITY TACT: ington, D.C. 20552, telephone number INCOME FOR THE AGED, BLIND, AND Harry W. Quillian, Associate General 202-377-6440. DISABLED Counsel, 1700 G Street NW„ Washing­ SUPPLEMENTARY INFORMATION: Subpart K— Income and Exclusions ton, D.C. 20552, telephone 202-377- Section 545.6-26, pertaining to non­ 6440. conforming-loan investments by Federal Earned Income T ax Credits The Board finds that (1) notice and associations of up to 5 percent of their AGENCY: Social Security Administra­ public procedure are unnecessary under assets, is expanded to include noncon­ tion, HEW. 5 U.S.C. 553(b) and 12 CFR 508.11, be­ forming loans relating to commercial ACTION: Final rule. cause these amendments relieve restric­ farming enterprises; such loans were tion, and (2) publication of said amend­ previously limited to 80-percent, 25-year SUMMARY: The Administration is ments for the 30-day period specified in loans made within an association’s “gen- amending its regulations for earned in­ 5 U.S.C. 553(d) and 12 CFR 508.14 prior eral” 20-percent-of-assets category. The come tax credits (Regulations No. 16). to effective date is unnecessary for the Board’s regulations already provide for The amendments reflect the provisions same reason. non-monthly installment loans on farm of the Revenue Adjustment Act of 1975, Accordingly, the Board hereby amends residences, with annual principal and as amended. § 545.6-1 of the Rules and Regulations interest payments, 80 percent loan-to- An earned income tax credit refund of the Federal Savings and Loan System value ratios, and 25-year maturities, provided under Section 43 of the Inter­ (12 CFR 545.6-1) by revising paragraphs outside of any percentage-of-assets nal Revenue Code, and received for a (a) (4) (ii) (a) and 5(1) (a)' thereof to limitation (§ 545.6-1 (a) (2) ; § 545.6-7 taxable year ending after December 31, read as set forth below. (a) a m 1975, is excluded from countable income The Board finds that (1) notice and under the Supplemental Security Income § 545.6—1 Lending powers. public procedure are unnecessary under program only if, for the month prior to $ * * ♦ • 4* 5 U.S.C. 553(b) and 12 CFR 508.11, be­ the month in which the recipient re­ (a) * * * cause this amendment relieves restric­ ceives the credit, the person receives a * * * tion, and (2) publication of said amend­ Federal supplemental security income (ii) * * * ment for the 30-day period specified in benefit, a federally administered State (a) $75,000, or $112,500 with respect 5 U.S.C. 553(d) and 12 CFR 508.14 prior supplementary payment, or a State ad­ to single-family dwellings in Alaska, to effective date is unnecessary for the ministered mandatory supplement. Guam, and Hawaii, except that such same reason. EFFECTIVE DATE: The amendments loans exceeding $60,000, or $90,000, re­ spectively, shall conform to the limita­ Accordingly, 12 CFR Part 545 is shall be effective December 27, 1977. tions in § 545.6-7 of thisT’art, amended by revising § 545.6-26 (a) to FOR FURTHER INFORMATION CON­ read as follows. TACT: (5) * i* * § 545.6—26 Non-conforming secured Mr. Henry D. Lerner, Legal Assistant, (i) The amoui\t Of the loan does not loans. Office of Policy and Regulations, So­ exceed the lesser of (a) $60,000, or (a) Any Federal association with cial Security Administration, 6401 Se­ $90,000 with respect to single-family scheduled items (other than assets ac­ curity Boulevard, Baltimore, Md. dwellings in Alaska, Guam, and quired in a merger instituted for super­ 21235, telephone 301-594-7336. Hawaii, * * * visory reasons) not in excess of 2.5 per­ SUPPLEMENTARY INFORMATION: $ $ $ $ ■ $ cent of specified assets, except as pro­ vided in paragraph (e) of this section, On March 28, 1977, there was published (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. in the F ederal R egister (42 FR 16445) a 1464. Reorg. Plan No. 3 of 1947, 12 FR 4981; and with net worth in conformance with Notice of Proposed Rulemaking with 3 CFR, 1943-48 Comp., p. 1071.) the requirements of § 563.13(b) of this proposed amendments to Subpart K, chapter (associations insured for less Regulations No. 16, of the Social Security By the Federal Home Loan Bank than 2 years must meet the net-worth Administration. The amendments reflect Board. requirements for those insured for 2 the provisions of Sec. 2(d) of Pub. L. R onald A. Snider, years), may invest not in excess of 2 Assistant Secretary. percent of its assets in loans, advances of 94-164 as later amended by Sec. 402 of credit, and interests therein, secured by Pub. L. 94-455. [FR Doc.77-36814 Filed 12-23-77;8:45 am] Income tax refunds in general are ex­ residential real property and real prop­ cluded from income under regulations in [6720-01 ] erty used or to be used for commercial effect since January 1974. However, the farming enterprises, which are not [No. 77-725] statutory provisions affecting earned in­ otherwise authorized under this part be­ come tax credit refunds provide for dis­ PART 545— OPERATIONS cause of the following reasons: * * * regarding them only if the individual Amendments to Lending Restrictions * * * * * was a recipient of a Federal supplemen­ (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. tal security income benefit, a federally D ecember 20,1977. 1464. Sec. 17, 47 Stat. 736, as amended; 12 administered State supplementary pay­ AGENCY: Federal Home Loan Bank U.S.C. 1437. Reorg. Plan No. 3 of 1947, 12 FR ment, or a State administered manda­ Board. 4981, 3 CFR, 1943-48 Comp., p. 1071, 1947 tory supplement for the month preced­ Supp.) ing the month in which the individual ACTION: Final amendment. received the tax credit refund for tax­ SUMMARY: This amendment imple­ ■ By the Federal Home Loan Bank able years ending after December 31, Board. 1975. ments in part the recently-enacted R onald A. S nider, Housing and Community Development Assistant Secretary. Pub. L. 94-12 establishes Sec. 43 of Act of 1977, by increasing the authority the Internal Revenue Code of 1954 which [FR Doc.77-36815 Filed 12-23-77;8:45 am] provides an earned income tax credit

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64622 RULES AND REGULATIONS applicable to taxable years beginning lation. This change is being made to be [4 1 1 0 -0 3 ] consistent with the provisions of section after December 31, 1974, and before Title 21— Food and Drugs January 1, 1976. This period has been 402(b) of Pub. L. 94-455 which make the twice extended so that credits are now disregard of the earned income tax credit CHAPTER I— FOOD AND DRUG ADMINIS­ available for taxable years beginning open ended. Also, a cross reference to TRATION, DEPARTMENT OF HEALTH after December 31, 1974, and before Jan­ §§ 416.2001-416.2005 which concerns EDUCATION, AND WELFARE uary 1, 1978. Pub. L. 94-12 was silent State supplementation has been added to SUBCHAPTER E— ANIMAL DRUGS, FEEDS, AND with respect to the treatment of these § 416.1112(b). RELATED PRODUCTS tax credit refunds in determining eligi­ (Sections 1102, 1612, and 1631 of the Social PART 555— CHLORAMPHENICOL DRUGS bility for, or the amount of, benefits Security Act, as amended. Sec. 204 of Pub. L. FOR ANIMAL USE under public assistance programs. 94-12, Sec. 2 of Pub. L. 94-164 and Sec. 402 Chloramphenicol Oral Solution; Addition of of Pub. L. 94-455, 86 Stat. 1468 and 1475, 89 Sponsor However, Sec. 2(d) of Pub. L. 94-164, Stat. 30 and 972, 90 Stat. 1558; 26 U.S.C. 43, as amended by Sec. 402 of Pub. L. 94-455 42 U.S.C. 1302, 1382a, and 1383.) AGENCY- Food and Drug Administra­ provides that, for taxable years ending tion. after December 31, 1975, any such re­ (Catalog of Federal Domestic Assistance Pro­ gram No. 13.807, Supplemental Security In­ ACTION: Final rule. fund of earned income tax credits made come Program.) to any individual by reason of Sec. 43 SUMMARY: This document amends the of the Internal Revenue Code of 1954, Note.—The Social Security Administration animal drug regulations to provide for as amended, shall not be taken into ac­ has determined that this document does not contain a major proposal requiring prepara­ the addition of a sponsor for chloram­ count as income or receipts for purposes tion of an Inflation Impact Statement under phenicol oral solution for the treatment of determining the eligibility, for the Executive Order 11821 and OMB Circular A- of dogs for certain respiratory and uri­ month in which such refund is made or 107. nary infections, enteritis, and tonsillitis. any month thereafter, of such individual Dated; August 15, 1977. A new animal drug application filed by or any other individual for benefits or Philips Roxane, Inc., provided for this assistance, or the amount or extent of D on W ortman, change. benefits or assistance, under any Federal Acting Commissioner of program or under any State or local pro­ Social Security. EFFECTIVE DATE: December 27, 1977. gram financed in whole or in part with Approved: December 19, 1977. FOR FURTHER INFORMATION CON­ Federal funds, but only if such indi­ TACT: vidual is a recipient of benefits or as­ J oseph A. Califano, Jr., sistance under such a program for the Secretary of Health, Education, Robert A. Baldwin, Bureau of Veter­ month before the month in which such and Welfare. inary Medicine (HFV-114), Food and refund is made. ' Drug Administration, Department of Part 416 of Chapter III of Title 20 of Health, Education, and Welfare, 5600 The proposed amendments to the reg­ the Code of Federal Regulations is Fishers Lane, Rockville, Md. 20857, ulations place a limitation on the appli­ amended as follows: 301-443-3420. cability of § 416.1112 of Regulations No. Section 416.1112 is revised to read as 16 so that an earned income tax credit follows: SUPPLEMENTARY INFORMATION: refund, if received by an eligible indi­ Section 555.110c (21 CFR 555.110c) is vidual for taxable years ending after §416.1112 Income tax refund. amended to reflect approval of an NADA December 3.1, 1975, is excluded from (a) Since income taxes are included (65-477V) filed by Philips Roxane, Inc., that individual’s income only if he re­ as income when determining the amount 2621 North Belt Highway, St. Joseph, ceived a Federal supplemental security of wages and net earnings from self- Mo. 64502. income benefit, a federally administered employment (see § 416.1102(b) or un­ In accordance with the freedom of in­ State supplementary payment, or a State earned income (see § 416.1120) of an in­ formation regulations and § 514.11(e) (2) administered mandatory supplement for dividual, a refund of such taxes will not (ii) (21 CFR 514.11(e) (2) (ii)) of the the month preceding the month in which be included as income. animal drug regulations, a summary of he received the tax credit. For any in­ (b) An earned income tax creditv re­ the safety and effectiveness data and in­ dividual already receiving supplemental fund under the provisions of section 43 formation submitted to support approval security income benefits, receipt of an of the Internal Revenue Code of 1954, of this application is released publicly. earned income tax credit refund under as amended by Pub. L. 94-164 and Pub. The summary is available for public ex­ Sec. 43 of the Internal Revenue Code L. 94-455, if received by an eligible indi­ amination at the office of the Hearing of 1954, as amended, would have no ef­ vidual or eligible spouse for taxable Clerk (HFC-20), Rm. 4-65, 5600 Fishers fect on his current payments. For a years ending after December 31, 1975, is Lane, Rockville, Md. 20857, from 9 a.m. taxable year ending before January 1, excluded as income if he or she received to 4 p.m„ Monday through Friday, ex­ 1976, the refund is excluded under a Federal supplemental security income cept on Federal holidays. § 416.1112(a) of the nrooosed regulation, Therefore, under the Federal Food, recardless of the individual’s status with benefit, a federally-administered State Drug, and Cosmetic Act (sec. 512(i) and respect to supplemental security income supplementary payment, or a State ad­ (n), 82 Stat. 347, 350-351 (21 U.S.C. benefits for the month prior to the ministered mandatory supplement (see , 360(i) and (n ))) and under authority month when the refund is received. §§ 416.2001-416.2005) for the month pre­ delegated to the Commissioner of Food Interested parties were given the op­ ceding the month in which he or she and Drugs (21 CFR 5.1), § 555.110c(c) received the tax credit refund. Such (2) is amended by adding an additional portunity to submit, within 45 days, data, sponsor “000010” to read as follows: views, or arguments with regard to the earned tax credit refunds received for proposed changes. Because the comment a taxable year ending before January 1, § 555.110c Chloramphenicol oral solu­ tion. period has expired and no adverse com­ 1976, are excluded under the provisions * * $ * * of paragraph (a) of this section. These ments were received, the amendments C c) ^ ^ ^ are hereby adopted as set forth below, tax credit refunds are also excluded from (2) Sponsor. See Nos. 000010, 000196, and shall be effective upon publication in income to be deemed to the individual 010271, and 012518 in § 510.600(c) of this the F ederal R egister. However, the end­ (see §§416.1185 and 416.1190). chapter. ing date has been deleted from the regu­ [FR Doc.77-36781 Filed 12-23-77;8:45 am] * * * * #

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 RULES AND REGULATIONS 64623 Effective date : This regulation shall be ACTION: Final rule. adopt special programs in the area of effective December 27, 1977. SUMMARY: This notice extends the highway safety. (Sec. 512 (i) and (n), 82 Stat. 347, 350-351 effectiveness of the interim incentive Since none of the proposed mecha­ (21 Ù.S.C. 360b (i) and (n)) .) grant criteria for reduction of annual nisms received universal support and since it is hoped that legislation will be Dated: December 17, 1977. State highway fatalities through Fiscal Year 1978. This action is necessary be­ passed eliminating the need for the cri­ C. D. Van H ouweling, cause the four alternative mechanisms teria in arts 1214 and 1215, the Depart­ Director, Bureau to the criteria which were published in ment has decided to continue in effect of Veterinary Medicine. the F ederal R egister on December 6, the criteria specified in Part 1214 and [FR Doc.77-36737 Filed 12-23-77;8:45 am] 1976 (41 FR 54188) were all rejected by the interim criteria specified in Part 1215. the States. This action will continue in The Department continues to welcome [4110-03] effect the criteria which is specified in comments on what the nature of the Part 1214 and the interim criteria speci­ SUBCHAPTER J— RADIOLOGICAL HEALTH highway safety incentive program should fied in Part 1215 pending the develop­ be. Comments should refer to Docket No. [Docket No. 77N-0061] ment of legislation for a new incentive grant program for FY 79. 76-09. All comments should be submitted PART 1020— PERFORMANCE STANDARDS to Docket Section, National Highway FOR IONIZING RADIATION EMITTING EFFECTIVE DATE: Immediately. PRODUCTS Traffic Safety Administration, Room ADDRESS: Administrator, National 5108, 400 Seventh Street SW., Washing­ Diagnostic X-Ray Equipment Performance Highway Traffic Safety Administration ton, D.C. 20590. It is requested, but not Standard; Correction • (NHTSA), 400 Seventh Street SW., AGENCY: Food and Drug Administra­ Washington, D.C. 20590. required, that 10 copies be submitted. tion. * In consideration of the foregoing,' the FOR FURTHER INFORMATION CON­ interim criteria established under 23 ACTION: Correction. TACT: CFR Part 1215 are extended through SUMMARY: This document corrects the Jerome A. Holiber, Office of State Fiscal Year 1978. The preexisting cri­ Program Assistance, Traffic Safety preamble to a final rule that was pub­ teria, established in 23 CFR Part 1214 lished in the F ederal R egister of Tues­ Programs, NHTSA, Washington, D.C. day, November 8, 4977. The word “con­ 20590, 202-426-1770. will also continue in effect through Fiscal trol” replaces the word “generator” in SUPPLEMENTARY INFORMATION: Year 1978. two places. In a F ederal R egister notice, issued De­ Issued on: December 16, 1977. EFFECTIVE DATE: December 27, 1977. cember 6, 1976 (41 FR 54170), the De­ partment of Transportation amended J oan Claybrook, FOR FURTHER INFORMATION CON­ Title 23, Code of Federal Regulations by Administrator, National Highway TACT: : adding a new part 1215 which specified Traffic Safety Administration. Harvey Rudolph, Bureau of Radio­ interim criteria for awarding incentive W illiam M. Cox, logical Health (HFX-460), Food and grants during Fiscal Year 1977 to those Administrator, Federal Highway Drug Administration, Department of States which make the most significant Administration. Health, Education, and Welfare, 5600 progress in reducing the annual number [FR Doc.77-36779 Filed 12-23-77:8:45 am] Fishers Lane, Rockville, Md. 20857, of fatalities on their highways. In a 301-443-3426. separate F ederal R egister notice, also [ 4830-01 ] issued December 6, 1976 (41 FR 54188), SUPPLEMENTARY INFORMATION: the Department requested comments on Title 26— Internal Revenue In FR Doc. 77-32259 appearing at page four alternative mechanisms to the cri­ 58167 in the F ederal R egister of Tues­ teria used in making incentive awards CHAPTER I— INTERNAL REVENUE SERV­ day, November 8, 1977, on page 58169, in under the preexisting Part 1214 and ICE, DEPARTMENT OF THE TREASURY the left column, the preamble is cor­ under Part 1215. Part 1214 specifies the SUBCHAPTER A— INCOME TAX rected in the third full paragraph by criteria for awarding incentive grants to [T.D. 7526] changing “X-ray generator’ in the ninth those States that make the most signifi­ PART 1— INCOME TAX; TAXABLE YEARS and seventeenth lines to read “X-ray cant progress in reducing their highway BEGINNING AFTER DECEMBER 31, 1953 control.” fatality rates. The Department received comments PART 7— TEMPORARY INCOME TAX REG­ Dated: December 20, 1977. ULATIONS UNDER THE TAX REFORM from officials in virtually every State and ACT OF 1976 William F. R andolph, from a number of private citizens. How­ Acting Associate Commissioner ever, there was no agreement as to the Livestock Sold on Account of Drought for Compliance. mechanism the Department should fol­ AGENCY: Internal Revenue Service, [FR Doc.77-36738 Filed 12-23-77;8:45 am] low. Each of the four alternatives had its Treasury. proponents and its opponents and several ACTION: Final regulations. [4910-22] commenters indicated their preference for the two existing sets of criteria. The SUMMARY: This document contains [4910-59] only unifying thread to the comments final regulations relating to the year in Title 23— Highway was a general dissatisfaction with the which amounts received from the sale of entire nature of the incentive scheme. A CHAPTER II— HIGHWAY SAFETY PRO­ livestock on account of drought are in­ GRAM STANDARDS, DEPARTMENT OF widespread complaint was that the in­ cluded in income. Changes in the applic­ TRANSPORTATION centive program resulted in grants based able tax law were made by the Tax Re­ [Docket No. 76-09, Notice 3] on statistical variances and on luck and form Act of 1976. The regulations pro­ PART 1214— INCENTIVE GRANT CRITERI, did not reward States that made signifi­ vide farmers with the guidance needed to FOR REDUCTION OF STATE ANNUAI cant or special highway safety efforts. determine the year in which certain HIGHWAY FATALITY RATES A Department of Transportation study, amounts received are to be included in PART 1215— INTERIM GRANT CRITERL evaluating the effectiveness of the high­ income. The regulations also provide FOR REDUCTION OF ANNUAL STATI way safety program, reached similar guidance with respect to amounts re­ HIGHWAY FATALITIES conclusions on the usefulness of the in­ ceived under the Agricultural Act of Extension of Criteria centive program. As a result of these 1949. AGENCIES: National Highway Trafifi conclusions, legislation is being drafted DATE: The regulations are effective for Safety Administration; Federal Highwa; in an effort to develop an incentive pro­ taxable years beginning after December Administration. gram based on- rewarding States that 31, 1975, except as otherwise provided.

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64624 RULES AND REGULATIONS FOR FURTHERriNFORMATION CON­ § 1.451-6 Election to include crop in­ lowed its usual business practice in th( surance proceeds in gross income in absence of drought will be made in light TACT: the taxable year following the tax­ of all the facts and circumstances, in David Jacobson of the Legislation and able year of destruction or damage. the case of taxpayers who have not es­ Regulations Division, Office of the (a) In general. <1) * * * For thetablished a usual business practice, reli­ Chief Counsel, Internal Revenue Serv­ purposes of this section, payments re­ ance will be placed upon the usual busi­ ice, 1111 Constitution Avenue NW„ ceived under the Agricultural Act of ness practice of similarly situated tax­ Washington, D.C. 20224 (Attention: 1949 as amended, as the result of (i) payers in the same general region as the CC:LR:T), 202-566-3923, not a toll- destruction or damage to crops caused taxpayer! free call. by drought, flood, or any other natural (c) Special.rules— (l) Connection with SUPPLEMENTARY INFORMATION: disaster, or (ii) the inability to plant drought area. To qualify under section crops because of such a natural disaster, 451(e) and this section, the livestock B ackground shall be treated as insurance proceeds need not be raised, and the sale or ex­ On Tuesday, September 20, 1977, the received as a result of destruction or change.need not take place, in a drought F ederal R egister published proposed damage to crops. The preceding sentence area. However, the sale or exchange of amendments to the Income Tax Regula­ shall apply to payments which are re­ the livestock must occur solely on ac­ tions (26 CFR Part i) under section 451 ceived by the taxpayer after December count of drought conditions, the exist­ of the Internal Revenue Code of 1954 (42 31, 1973. ence of which affected the water, grazing, FR 47221). A correction notice was pub­ or other requirements of the livestock so F ederal R egister as to necessitate their sale or exchange. lished in the for Mon­ P ar. 3. A new § 1.451-7 is added im­ day, October 3, 1977 (43 FR 53637). The (2) Sale prior to designation of area as mediately following § 1.451-6. The new eligible for Federal assistance. The pro­ amendments were proposed to conform section reads as follows: the regulations to sections 2102 and 2141 visions of this section will apply regard­ of the Tax Reform Act of 1976 (90 Stat. § 1.451—7 Election relating to livestock less of whether all or a portion of the 1900 and 1933). No requests for a*public sold on account of drought. excess number of animals were sold or hearing were received and accordingly (a) In general. Section 451(e) pro­ exchanged before an area becomes elegi- none was held. After consideration of all vides that for taxable years beginning ble for Federal assistance, so long as the comments regarding the notice of pro­ after December 31, 1975, a taxpayer drought which caused such dispositions posed rulemaking, the proposed amend­ whose principal trade or business is also caused the area to be designated as ments as corrected are adopted by this farming (within the meaning of § 6420 eligible for Federal assistance. Treasury decision. (d) Classifications of livestock with re­ (c) (3)) and who reports taxable income spect to which the election may be made. R esponse to P ublic Comments on the cash receipts and disbursements method of accounting may elect to defer The election to have the provisions of One public comment was received. for one year a certain portion of income. section 451(e) apply must be made sep­ That comment recommended that the The income which may be deferred is arately for each broad generic classifica­ regulations be adopted as proposed. tion of animals (e.g., hogs, sheep, cattle) the amount of gain realized during the for which the taxpayer wishes the pro­ D rafting I nformation taxable year from the sale or exchange of that number of livestock sold or ex­ visions to apply. Separate elections shall The principal author of these reg­ changed solely on account of a dought not be made solely by reason of the ani­ ulations was David Jacobson of the Leg­ which caused an area to be designated mals’ age, sex, or breed. islation and Regulations Division of the as eligible for assistance by the Federal (e) Computation—(1) Determination Office of Chief Counsel, Internal Revenue Government (regardless of whether the of amount deferred. The amount of in­ Service. However, personnel from other designation is made by the President or come which may be deferred tor a classi­ offices of the Internal Revenue Service by an agency or department of the Fed­ fication of livestock pursuant to this sec­ and Treasury Department participated eral Government). That number is equal tion shall be determined in the follow­ in developing the regulation, both on to the excess of the number of livestock ing manner. The total amount of income matters of substance and style. sold or exchanged over the number realized from the sale or exchange of all livestock in the classification during the Adoption of amendments to the regula­ which would have been sold or ex­ changed had the taxpayer followed its taxable year shall be divided by the total tions usual business practices in the absence number of all such livestock sold. The After careful consideration of all com­ of such drought. For example, if in the resulting quotient shall then be multi­ ments received, the proposed amend­ past it has been a taxpayer’s practice to plied by the excess number of such live­ ments to the regulations, as corrected, sell or exchange annually 400 head of stock sold on account of drought. are hereby adopted. beef cattle but due to qualifying drought (2 ) Example. The provisions of this paragraph may be illustrated by the (Section 7805 of the Internal Revenue Code conditions 550 head were sold in a given of 1954 (68A Stat. 917; 26 U.S.C. 7805).) taxable year, only income from the sale following example: of 150 head may aualify for deferral un­ Example. A, a calendar year taxpayer, nor­ J erome K urtz, der this section. The election is hot avail­ mally sells 100 head of beef cattle a year. Commissioner of Internal Revenue. As the result of drought conditions existing able with respect to livestock described during 1976, A sells 135 head during that Approved: December 14, 1977. in section 1231(b)(3) (relating to cat­ year. A realizes $35,100 of income from the tle, horses (and other livestock) held by D onald C. L ubick, sale of the 135 head. On August 9, 1976, as Assistant Secretary of the the taxpayer for 24 months (12 months) a result of the drought, the affected area Treasury. and used for draft, breeding, dairy, or was declared a disaster area thereby eligible sporting purposes). for Federal assistance. The amount of in­ Amendments to the R egulations (b) Usual business practice. The deter­ come which A may defer until 1977, pre­ mination of the number of animals which suming the other provisions of this section The amendments to 26 CFR Part 1 a taxpayer would have sold if it had fol- are met, is determined as follows : and Part 7 are as follows: § 1.451 [Deleted] $35,100 (total income from sales of beef cattle) ^ 35 (excess number of beef cattle sold, i.e. 135—100) =$9,100 (amount 135 (total number of beef cattle sold) which A may defer until 1977) P aragraph 1. Section 1.451 is deleted. P ar. 2. Section 1.451-6 is amended by (f) Successive elections. If a taxpayerferred from one year to the next year adding the following immediately after makes an election under section 451(e) shall not be deemed to have been re­ the last sentence in paragraph (a)(1): for successive years, the amount de- ceived from the sale or exchange of live-

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 RULES AND REGULATIONS 64625 stock during the later year. In addition, [4 8 30 -0 1 ] Private foundations that make grants in determining the taxpayer’s normal SUBCHAPTER D— MISCELLANEOUS EXCISE to individuals must continue to satisfy business practice for the later year, TAXES the advance approval requirements of earlier years for which an election under [T.D. 7527] section 4945(g) (relating to grants to in- section^ 451(e) was made shall not be dividuls) to avoid imposition of the ini­ considered. PART 53— FOUNDATION EXCISE TAXES tial tax on taxable expenditures under (g) Time and manner of making elec­ Failure to Obtain Advance Approval of section 4945(a) (1). This regulation is de­ tion. The election provided for in this Grant Making Procedures signed solely to provide private founda­ section must be made by the later of (1) tions a means to avoid imposition of ad­ the due date for filing the income tax AGENCY: Internal Revenue Service, ditional taxes under section 4945(b)(1). return (determined with regard to any Treasury. extensions of time granted the taxpayer ACTION: Final regulations. D rafting Information for filing such return) for the taxable The principal author of this regula­ year in which the early sale of livestock SUMMARY: This document provides tion was Mr. Robert Katcher of the Leg­ occurs, or (2) (the 90th day after the final regulations relating to a failure to islation and Regulations Division of the date these regulations are published as obtain advance approval of procedures Office of Chief Counsel, Internal Rev­ a Treasury decision in the F édéral R eg­ for making certain grants by a private foundation. Changes to the applicable enue Service. However, personnel from ister) . The election must be made sepa­ other offices of the Internal Revenue rately for each taxable year to which it law were made by the Tax Reform Act Service and Treasury Department par­ is to apply. It must be made by attach­ of 1969. The regulations would provide ticipated in developing the regulation, ing a statement to the return or an private foundations with the guidance both on matters of substance and style. amended return for such taxable year. needed to comply with that Act and The statement shall include the name would affect all private foundations that Adoption of Amendments to the and address of the taxpayer and shall have failed to obtain advance approval R egulations set forth the following information for of procedures with respect to certain Based on the foregoing, the Founda­ each classification of livestock for which grants. tion Excise Tax Regulations (26 CFR 53) the election is made : DATE: Generally, except where other­ are amended by adopting without change (1) A declaration that the taxpayer is wise provided, the regulations are effec­ th regulations proposed in the notice of making an election under section 451(e) ; tive for all taxable years beginning after proposed rulemaking published in the (2) Evidence of the existence of the December 31,1969. Federal R egister on May 9, 1977 (42 drought conditions which forced the FOR FURTHER INFORMATION CON­ FR 23517). early sale or exchange of the livestock TACT: (Sep. 7805 of the Internal Revenue Code of and the date, if known, on which an area 1954 (68A Stat. 917; 26 U.S.C. 7805).) was designated as eligible for assistance Mr. Robert Katcher of the Legislation by the Federal Government as a result of and Regulations Division, Office of the J erome K urtz, the drought conditions; Chief Counsel, Internal Revenue Serv­ Commissioner of Internal Revenue. (3) A statement explaining the rela­ ice, 1111 Constitution Avenue, NW., Approved: December 5,1977. tionship of the drought area to the tax­ Washington, D.C. 20224, (Attention: CC:LR:T) (202-566-3828). D onald C. Lubick, payer’s early sale or exchange of the live­ Acting Assistant Secretary of the stock; SUPPLEMENTARY INFORMATION: (4) The total number of animals sold Treasury. in each of the three preceding years; B ackground Section 53.4945-1 is amended by revis­ (5) The number of animals which On May 9, 1977, the F ederal R egister ing the first sentence of paragraph (d) would have been sold in the taxable year published proposed amendments to the (1) and by adding paragraph (d) (3) to had the taxpayer followed its normal Foundation Excise Tax Regulations (26 read as follows: business practice in the absence of CFR Part 53) under section 4945 of the § 53.4945—1 Taxes on taxable expendi­ drought; Internal Revenue Code of 1954 (42 FR tures. (6) The total number of animals sold, 23517). The amendments were proposed * * * ■ * * and the number sold on account of in order to provide a rule for correction (d) Correction— (1) In general. Ex­ drought, during the taxable year; and where there was a failure to obtain ad­ (7) A computation, pursuant to para­ cept as provided in paragraph (d) (2) or vance approval of certain grant making (3) of this section,-correction of a taxa­ graph (e) of this section, of the amount procedures. Three comments were re­ of income to be deferred for each such ble expenditure shall be accomplished by ceived and a public hearing was not held. recovering part or all of the expenditure classification. After consideration of these comments (h) Revocation of election. Once an to the extent recovery is possible, and, regarding the proposed amendments, where full recovery cannot be accom­ election under this section is made for a those amendments are adopted by this taxable year, it may be revoked only with Treasury decision. plished, by any additional corrective ac­ the approval of the Commissioner, tion which the Commissioned may pre­ (i) Cross reference. For provisions re­ Taxable Expenditures scribe. * * * lating to the involuntary conversion of This regulation contains a special rule (3) Correction for failure to obtain livestock sold on account of drought see for correction under section 4945 (i) (1) advance approval. Where an expenditure section 1033 (e) and the regulations of the Code. In general, correction is re­ is taxable under section 4945(d) (3) only thereunder. quired where a private foundation makes because of a failure to obtain advance a taxable expenditure as defined in sec­ approval of procedures with respect to § 7.0 [Revoked] tion 4945(d) of the Code. This regulation grants as required by section 4945(g), Par. 4. Section 7.0 of this chapter (26 provides a special rule where an expendi­ correction may be accomplished by ob­ CFR Part 7), promulgated by Treasury ture is taxable under section 4945(d) (3) taining approval of the grant making Decision 7459, is hereby revoked to the procedures and establishing to the satis­ (relating to certain grants to an individ­ faction of the Commissioner that: extent it applies to elections under sec­ ual) solely because the grants were made tion 451(e). (i) no grant funds have been diverted before obtaining advance approval of to any use not in furtherance of a pur­ [PR Doc.77-36811 Piled 12-23-77:8:45 am] procedures with respect to such grants. pose specified in the grant;

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64626 RULES AND REGULATIONS

(ii) the grant making procedures in­ D escription op the Supplements the scope Of the State plan and supported stituted would have been approved if ad­ 1. Health Program. On July 22, 1975, solely by State funds. Six State em­ vance approval of such procedures had the State of Nevada submitted a supple­ ployees have been assigned to this con­ been properly requested; and ment to its plan proposing to relinquish / sultation program. Nine compliance offi­ (iii) where advance approval of grant its health enforcement responsibility. On cers will still conduct inspections under making procedures is subsequently re­ the plan, and two consultants will con­ quired, such approval will be properly March 26, 1976, a notice was published in the F ederal R egister (41 FR 12716) tinue to provide on-site consultation to requested. concerning the submission of the supple­ employers under the plan. # * * * * ment to the Assistant Secretary. Subse­ 6. Management Information System. [FR Doc.77-36812 Filed 12-23-77:8:45 am] quently, on September 16,1976, the State In its plan, the State had made a com­ submitted a revised supplement, propos­ mitment to institute an automated Man­ agement Information System by Janu­ [4 5 1 0 -2 6 ] ing to submit a comprehensive plan for the retention of occupational health en­ ary 1, 1977. On September 30i 1976, the Title 29— Labor forcement. On December 3, 1976, the State proposed to delete this develop­ CHAPTER XVII— OCCUPATIONAL SAFETY State submitted this health plan. A no­ mental commitment, and use a manual AND HEALTH ADMINISTRATION, DE­ tice was published in the F ederal R egis­ system which is adequate for inspection PARTMENT OF LABOR ter on February 25, 1977 (42 FR 11025) scheduling and production of statistical announcing the submission of the Ne­ reports.. PART 1952— APPROVED STATE PLANS vada health plan and requesting public 7. Standards. In accordance with a FOR ENFORCEMENT OF STATE STAND­ commitment in its plan, the State ARDS comment on the supplement. Under this supplement, Nevada will adopted standards identical to Federal Approval of Supplements to Nevada State adopt all Federal health standards. The standards promulgated through July 28, Plan State has hired two industrial hygien­ 1975. These standards were approved by AGENCY: Occupational Safety and ists, one for the Reno office, and the the Regional Administrator for Occupa­ Health Administration. other for the Las Vegas Office. The sup­ tional Safety and Health (hereinafter plement includes a proposed budget for called the Regional Administrator) in a ACTION: Final rule. the first year of implementation of the notice published in the F ederal Regis­ SUMMARY: This notice approves the health program. Also included are a dis­ ter on June 15, 1976 (41 FR 24223). Fur­ completion of several developmental cussion of health hazards in Nevada, a ther standards identical to Federal and State initiated changes under the discussion of laboratory facilities to be standards promulgated through Janu­ State of Nevada’s occupational safety used for analysis of samples, and a de­ ary 18, 1977 were adopted by the State and health plan. The changes include scription of the proposed program to en­ and approved by the Regional Adminis­ the expansion of the program to include courage voluntary compliance with trator in a notice published in the Fed­ enforcement of health standards, the health standards. The supplement also eral R egister on July 26, 1977 (42 FR private employee poster, training of contains Chapter XIII of the State’s 38026). agency personnel, and the State’s par­ Field Operations Manual, concerning oc- Issues ticipation in the Bureau of Labor Sta­ cuptional health enforcement. No public comments were received con­ tistics annual survey of occupational in­ 2. Poster. On July 29, 1975, the State cerning the above supplements. How­ juries and illnesses. Also, the State has submitted a poster which is required to ever, during the course of review by the reduced its onsite consultation staff be posted at all covered private work­ Assistant Secretary, a potential problem under the plan and has decided not to places in the State. However, because at was discerned concerning the health develop an automated Management In­ that time the State was not enforcing plan. Under that plan, the industrial formation System. Finally, promulgation occupational health standards, the hygienists were to perform both inspec­ of occupational safety and health stand­ poster stated that the State was only tions and on-site consultations. This is ards by the State represents the comple­ enforcing safety standards. The State in conflict with Occupational Safety and tion of a developmental step. submitted a revised poster covering both Health Administration directives which safety and health on June 22, 1977. state that enforcement and on-site con­ EFFECTIVE DATE: December 23, 1977. Among other things, the poster con­ sultation activities must be separated. By FOR FURTHER INFORMATION CON­ tains provisions notifying employees of letter of May 10, 1977 from Ralph Lang­ TACT: their obligations and protections under ley, Director of the Nevada Department the Nevada' Occupational Safety and of Occupational Safety and Health to Marjorie Sauber, Office of State Pro­ Health Act, their right to request work­ Ken Holland, Assistant Regional Admin­ grams, Occupational Safety and place inspections and their right to re­ istrator for Occupational Safety and Health Administration, Room N-3608, main anonymous, their protection Health, the State agreed that industrial 200 Constitution Avenue NW., Wash­ against discharge or discrimination un­ hygienists who conduct inspections will ington, D.C. 20210, 202-523-8041. der both Federal and State laws for the not perform on-site consultation activi­ SUPPLEMENTARY INFORMATION: exercise of their rights under these laws, ties. and their right to file complainte with B ackground the Occupational Safety and Health Location of the P lan and Its Supple­ The Nevada occupational safety and Administration concerning the admin­ ments for Inspection and Copying health plan was approved under section istration of the State program. A copy of the plan and its supplements 18(c) of the Occupational Safety and 3. Training of State personnel. On may be inspected and copied during nor­ Health Act of 1970 (29 U.S.C. 667(c)) November 26, 1975, the State reported mal business hours at the following loca­ (hereinafter called the Act) and Part that all personnel engaged in enforce­ tions: Technical Data Center, Occupa­ 1902 of this Chapter on December 28, ment, consultation and training had tional Safety and Health Administration, 1973 (39 FR 1008). Under the plan, the completed the basic occupational safety 200 Constitution Ave., Room S-6212, State made commitments to complete and health courses as specified in the Washington, D.C. 20210; Office of the certain developmental steps by January State plan. Regional Administrator, Occupational 1, 1977. Part 1953 of this Chapter pro­ 4. Bureau of Labor Statistics survey. Safety and Health Administration, 450 vides procedures for the review and ap­ The State has begun participation in the Golden Gate Ave., Room 9470, San proval of State initiated and develop­ Bureau of Labor Statistics annual sur­ Francisco, Calif. 94102; and Department mental change supplements by the As­ vey of occupational injuries and illnesses, of Occupational Safety and Health, sistant Secretary of Labor for Occupa­ effective July 19, 1976. Nevada Industrial Commission, Room tional Safety and Health (hereinafter 5. Staffing. The State has instituted a 311, 515 East Musser St., Carson City, called the Assistant Secretary). separate consultation program outside Nev. 89701.

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 RULES AND REGULATIONS 64627 P ublic P articipation [6 7 12 -0 1 ] 4. We have given careful consideration Interested persons were afforded thirty Title 47— Telecommunication to the proposal and believe it would be days to submit written comments or re­ in the public interest to assign FM quest a hearing concerning the Nevada CHAPTER I— FEDERAL Channel 272A to Stonington, Conn. A occupational health plan. No public com­ COMMUNICATIONS COMMISSION demand had been shown for its use and ments or requests for a hearing were [Docket No. 21413; RM-2934] it would provide the community with a received. first local aural broadcast service. With regard to the remaining changes, PART 73— RADIO BROADCAST SERVICES 5. Authority for the adoption of the under § 1953.2(c) of this Chapter, the New FM Channel Assigned to Stonington, amendment contained herein appears Assistant Secretary may prescribe alter­ Conn. in Sections 4(i), 5(d)(1), 303 (g) and native procedures to expedite the review AGENCY: Federal Communications (r), and 307(b) of the Communications process or for other good cause consist­ Commission. Act of 1934, as amended, and Section ent with applicable law. The Assistant 0.281 of the Commission’s Rules. Secretary finds that these changes are ACTION: Report and order. 6. In view of the foregoing, it is or­ consistent with Federal requirements SUMMARY: Action taken herein assigns dered, That effective February 7, 1978, and with commitments contained in-the a first Class A FM channel to Stonington, § 73.202(b) of the Commission’s Rules, plan and previously made available for Conn. The channel assignment would the FM Table of Assignments, as re­ public comment. Therefore, further pub­ provide for an FM station which will fur­ gards Stonington, Conn., is amended to lic comment and notice would be unnec­ nish a first full-time local aural broad­ read as follows: essary. cast service to the community. City: Channel No. D ecision Stonington, Conn_____} ______272A EFFECTIVE DATE: February 7, 1978. After careful consideration, the Ne­ 7. It is further ordered, That this pro­ vada plan changes described above are ADDRESS: Federal Communications ceeding is terminated. hereby Commission, Washington, D.C. 20554. approved under Part 1953 of this (Secs. 4, 5, 303, 48 Stat., as amended, 1066, Chapter. This decision incorporates the FOR FURTHER INFORMATION CON­ 1068, 1082; 47 U.S.C. 154, 155, 303.) requirements of the Act and the imple­ TACT: menting regulations applicable to State F ederal Communications plans generally. Accordingly, Subpart W Mildred B. Nesterak, Broadcast Bu­ Commission, of Part 1952 of this Chapter is amended reau, 202-632-7792. W allace E. Johnson, as stated below. SUPPLEMENTARY INFORMATION: Chief, Broadcast Bureau. Section 1952.294 of Subpart W (ap­ [PR Doc.77-36810 Piled 12-23-77;8:45 amj pearing at 41 FR 8955; March 2, 1976) is Adopted: December 19, 1977. amended by inserting “(a)” before the Released: December 21, 1977. [6 7 1 2 -0 1 ] first paragraph and by adding new para­ graphs (b) through (f) to read as fol­ In the matter of amendment of § 73.- PART 81— STATIONS ON LAND IN THE lows: 202 (b), Table . of Assignments, FM MARITIME SERVICES AND ALASKA- Broadcast Stations. (Stonington, Conn.) PUBLIC FIXED STATIONS § 1952.294 Completed developmental Docket No. 21413, RM-2934; Report and steps. Order (Proceeding Terminated). See 42 PART 83— STATIONS ON SHIPBOARD IN ***** FR 55109. THE MARITIME SERVICES (b) In accordance with § 1952.293(c), 1. On October 4, 1977, at the request Editorial Amendments Concerning the As­ as amended, the Nevada health program of Blackmore Broadcasting, the Com­ signment of Frequencies to Limited was submitted on December 3, 1976 and mission adopted a Notice of Proposed Coast Stations has been implemented. Rulemaking, 42 FR 55109, proposing the AGENCY : Federal Communications (O In accordance with the require­ assignment of Channel 272A to Stoning­ Commission. ments of § 1952.10, the Nevada poster for ton, Conn., as its first Class A FM as- private employers was approved by the sigment. Petitioner filed supporting ACTION: Editorial rule change. Assistant Secretary on December 23, comments in which it reaffirmed its in­ SUMMARY : Commission policy with re­ 1977. tention to apply for Channel 272A, if spect to the responsibility for a ship sta­ (d) In accordance with § 1952.293(a), assigned. No oppositions to the proposal tion licensee to properly equip a ship initial training of Nevada personnel has have been filed. station for communications with coast been completed. 2. Stonington (pop. 15,940), in New stations is included in the rules. This ac­ (e) Nevada began participation in the London County (pop. 230,348) ,* is located tion should discourage the filing of de­ Bureau of Labor Statistics annual survey on the southeastern Connecticut shore­ fective applications for additional work­ of occupational injuries and illnesses on line. There is no local aural broadcast ing frequencies by coast station licensees July 19, 1976. service in Stonington. Channel 272A who mistakenly believe it is their respon­ (f) Standards identical to Federal could be assiged to the community in sibility to equip the coast station with all standards promulgated through Janu­ conformity with the minimum distance assignable frequencies to permit an ex­ ary 18, 1977 were adopted by the State separation requirements. change of communications with any ship and approved by the Regional Admini­ 3. Petitioner states that, according to stations within radio range. strator in a notice published in the Fed­ the Town Planner of Stonington, the eral R egister on July 26, 1977 (42 FR population of the area is now about 17,- EFFECTIVE DATE: December 30, 1977. 38026). 000 and has been growing at the steady rate of 1 percent a year for the past ADDRESSES: Federal Communications (Secs. 8(g)(2), 18, Pub. L. 91-596, 84 Stat. sixteen years. Petitioner has submitted Commission, Washington, D.C. 20554. 1600, 1608 ( 29 U.S.C. 657(g), 667).) information regarding social and eco­ FOR FURTHER INFORMATION CON­ Signed at Washington, D.C. this 14th nomic factors which demonstrates TACT: day of December, 1977. Stonington’s need for an FM channel assignment. Sherman W. Pratt, Safety and Special E ula Bingham, Radio Services Bureau, 202-632-7197. Assistant Secretary of Labor. 1 Population figures are taken from the SUPPLEMENTARY INFORMATION: [FR Doc.77-36852 Piled 12-23-77;8:45 am] 1970 U.S, Census. Adopted: December 15, 1977.

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64628 RULES AND REGULATIONS Released: December 21, 1977. tions shall be in accordance with the ap­ of DOT 3HT cylinders which appears at plicant’s eligibility for a license. Nor­ page 63644 of the F ederal R egister of In the matter of amendment of Parts mally, only one port operation, com­ December 19, 1977. 81 and 83 of the rules concerning the as­ mercial and non-commercial frequency signment of frequencies to Limited Coast will be assigned. It is the responsibility of EFFECTIVE DATE: January 17, 197g Stations. Order. a ship station licensee to equip the ship FOR FURTHER INFORMATION CON 1. Section 81.358 of the Commission’s station with the channel, or channels, of TACT: rules contains the criteria for assigning the coast or other stations with which working frequencies to Limited Coast communications are desired, and not the Mr. Alan I. Roberts, Director, Office of Stations. Paragraph (a) of that section responsibility of a coast station to op­ Hazardous Materials Operations, 2100 provides that, normally, only one work­ erate on all assignable frequencies so Second Street SW., Washington, Dc ing frequency in each of the three major that it can communicate with any vessel 20590, 202-426-0656. categories of frequencies will be assigned within range. Applications for authority SUPPLEMENTARY INFORMATION: to any station. to use more than one frequency in any In FR Doc. 77-35871 appearing at page 2. When we adopted the subject rule one of the above three categories shall 63644 in the Federal R egister of Decem­ section in Docket 19360, we stated in the include a satisfactory showing of need ber 19, 1977, paragraph (e) (13) (v) of Notice of Proposed Rule Making in para­ for the additional frequency, or frequen­ § 173.34, appearing on page 63644 is cor­ graph 4, (FCC 71-1232, 33 FR 23933, De­ cies, as specified below. rected in the first line by changing the cember 16, 1971) that our frequency as­ * * * * * . date of January 11, 1978, to read Janu­ signment policy was based on the con­ B. Part 83—Stations on Shipboard in ary 17,1978. cept that “it is the responsibility of a "(49 US.C. 1803, 1804, 1808; 49 CFR 1.53(e).) ship station licensee to equip the ship the Maritime Services. station with channels of coast or other The text before the table in paragraph Issued at Washington, D.C., on Decem­ stations with which communication is (a) of § 83.351 is amended to read as ber 21,1977. desired * * *” and that “it is not the follows : L. D. S antman, responsibility of the coast station to op­ § 83.351 Frequencies available. Acting Director, Materials Transportation Bureau. erate on all assignable frequencies so (a) The following indicates the carrier that it can communicate with any vessel [FR Doc.77-36866 Filed 12-23-77;8:45 am] within range”. frequencies available for use by ship sta­ 3. Since we are continuing to receive tions that are authorized to operate in the respective bands as shown on the [ 4910-59 ] applications for assignment of more than station license, together with their spe­ one working frequency in a particular cific conditions of use. It is the responsi­ CHAPTER V— NATIONAL HIGHWAY TRAF­ category, it is apparent that the public bility of a ship station licensee to equip FIC SAFETY ADMINISTRATION; DE­ is not generally aware of our above stated PARTMENT OF TRANSPORTATION concept that the primary responsibility the ship station with the channel, or channels, of the coast or other stations [Docket No. 78-01; Notice 1] for equipping a radio station with the with which communications are desired, channels necessary for ship to shore and not the responsibility of a coast sta­ PART 510— INFORMATION GATHERING communications rests with the vessel and tion to operate on all assignable fre­ POWERS not the coast station operator. , quencies so that it can communicate Procedures and Requirements Governing 4. We believe it would be helpful to with any vessel within range. The con­ the Use of Compulsory Process the licensees of both coast and ship sta­ ditions of use consist of the pertinent AGENCY : National Highway Traffic tions to include that policy in our rules, section reference(s) and the specific as­ and we are herewith and pursuant to Safety Administration, DOT. Sections 4(i) and 303(r) of the Commu­ signment limitations, which are given in ACTION : Interim rule. nications Act of 1 9 3 4 , amended, and paragraph (b) of this section : § 0.231(d) of the Commission’s rules, SUMMARY: This rule establishes re­ amending Parts 81 and 83 of our rules to Carrier frequency Conditions of use quirements and procedures governing (kilohertz) the issuance and use of compulsory proc­ so provide, as shown in the attached Ap­ Section Limitations ess by the National Highway Traffic pendix, effective December 30, 1977. Safety Administration in the course of 5. Since this rule change is a state­ * * * * * investigations conducted to carry out its ment of a general and previously pub­ missions under the National Traffic and lished policy, the prior notice provisions [FR Doc.77-36809 Filed 12-23-77;8:45 am] Motor Vehicle Safety Act, as amended, of 5 U.S.C. 553 do not apply. • and the Motor Vehicle Information and (Secs. 4, 303, 48 Stat., as amended, 1066, 1082; Cost Savings Act, as amended. Recent 47 U.S.C. 154, 303.) [4 9 1 0 -6 0 ] Administration experience in both en­ Title 49— Transportation F ederal Communications forcement and rulèmaking activities has Commission, CHAPTER I— MATERIALS TRANSPORTA­ shown the desirability of having compul­ R. D. Lichtwardt, TION BUREAU, DEPARTMENT OF sory information gathering powers Executive Director. TRANSPORTATION available so that the agency may obtain such information-as it deems necessary Parts 81 and 83 of Chapter I of Title [Docket No. HM-146; Amdt. Nos. 173-112] for a particular task. The Administra­ 47 of the Code of Federal Regulations are PART 173— SHIPPERS— GENERAL RE­ tion believes that it is in the public in­ amended as follows: QUIREMENTS FOR SHIPMENTS AND terest to set out the procedures it will A. Part 81—Stations on Land in the PACKAGINGS Maritime Services and Alaska-Public use to implement those powers to gather Fixed Stations. Extension of Service Life of DOT 3HT information, and the rights that persons Section 81.358(a) is revised to read as Cylinders; Correction subject to those procedures will have. follows: AGENCY: Materials Transportation This notice is intended to inform the Bureau, Department of Transportation. § 81.358 Conditions imposed upon as­ members of the public of those proce­ signments in the 156—162 MHz band. ACTION: Final rule; correction. dures and of the rights they have with (a) Frequencies within the band 156-SUMMARY: This document corrects a respect to those information gathering 162 MHz assigned to limited coast sta- final rule on thejextension of service life powers.

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 RULES AND REGULATIONS 64629

_»tE' This rule will become effective, Accordingly, Part 510 of 49 CFR is (d) Anyone submitting information in n an interim basis, on December 27, added as follows: response to any of the compulsory proc­ ?o77 The deadline for commenting on sec. esses specified in paragraph (a) of this ¡his rule is February 10, 1978. section and desiring confidential treat­ 510.1 Scope and purpose. ment of that information shall state ADDRESS: 510.2 Definitions. Comments should refer to 510.3 Compulsory process and the service / whether the information submitted is the docket number and be submitted to: thereof. believed to contain or relate to a trade Socket Section, National Highway Traf- 510.4 Subpenas. secret or other matter which should be Safety Administration, Room 5108, 510.5 Investigational hearings. considered by the agency to be entitled Jr« seventh Street SW., Washington, 510.6 General or special orders seeking in­ to exemption from disclosure by the r>C 20590. It is requested but not re­ formation. agency under the provisions of the Free­ quired that ten copies be submitted. 510.7 Supplementation of responses. 510.8 Fees. dom of Information Act (5 U.S.C. 552). FOR FURTHER INFORMATION CON­ 510.9 Remedies for failure to permit au* Any statement asserting this claim of thorized investigations. confidentiality must be in writing, and TACT: any request for exemption of the infor­ David A. Zisser, Office of the Chief Authority: National Traffic and Motor mation from disclosure must be made in Counsel, National Highway Traffic Vehicle Safety Act, as amended (sections 112 accordance with the Administration’s Safety Administration, 400 Seventh and 119, 15 U.S.C. 1401 and 1407), and the Freedom of Information Act regulations. Street SW., Washington, D.C. 20590, Motor Vehicle Information and Cost Savings Act, as amended (Titles I, II, IV, and V) and § 510.4 Subpenas. 202-426-9511. the delegation of authority at 49 CFR 1.50. SUPPLEMENTARY INFORMATION: (a) The agency may issue to any per­ § 510.1 Scope and purpose. This regulation sets out the requirements son, sole proprietorship, partnership, and procedures relating to the agency’s This rule governs the use of the infor­ corporation, or other entity a subpena use of compulsory process. The agency mation gathering powers of the National requiring the production of documents will be able to issue subpenas requiring Highway Traffic Safety Administration and things (subpena duces tecum) and/ persons and business or other entities in connection with its functions under or the attendance and testimony of wit­ to testify and to produce documents or the National Traffic and Motor Vehicle nesses (subpena ad testificandum) relat­ things. In addition, the agency will be Safety Act, as amended, 15 U.S.C. 1381 ing to any matter under investigation. able to hold investigational hearings for et seq., and the Motor Vehicle Informa­ (b) The person, sole proprietorship, the purpose of taking testimony or re­ tion and Cost Savings Act, as amended, partnership, or corporation under sub­ ceiving documents, and will also be able 15 U.S.C. 1901 et seq. pena may file with the Deputy Adminis­ trator of the Administratio|n a motion to to require answers to written requests § 510.2 Definitions. for information. limit or quash the subpena. Any such The regulation also sets out the rights “Administration” means the National motion must set forth the reasons why of persons or entities subject to compul­ Highway Traffic Safety Administration. the subpena should be limited or sory agency process, including the right “Administrator” means the Adminis­ quashed and may be accompanied by to counsel when required to testify, and trator of the National Highway Traffic memoranda, affidavits, or other docu­ the right to seek to have a subpena Safety Administration. ments supporting the motion. (c) AH motions to limit or quash a quashed. In addition, any person required § 510.3 Compulsory process and the to testify will be allowed to make objec­ service thereof. subpena are ruled upon by the Deputy tions on the record and examine the Administrator of the Administration. transcript of the testimony before sig­ (a) The Administration may use any The Office of the Deputy Administrator of the following means to conduct in­ serves the decision on the motion to limit nature. , - vestigations, inspections, or inquiries to or quash the subpena upon the moving Compulsory process under this regula­ obtain information to carry out the tion will be available to the agency for party or the counsel of the moving party. Administration’s functions under the The decision on the motion to limit or investigations conducted in connection National Traffic and Motor Vehicle with any agency activity, including both quash is final and is not subject to re­ Safety Act of 1966, as amended, 15 U.S.C. consideration. rulemaking and enforcement. However, 1381 et seq., and the Motor Vehicle In­ this rule does not govern discovery in formation and Cost Savings Act, as § 510.5 Investigational hearings. formal adjudications. Suqh discovery will amended, 15 U.S.C. 1901 et seq.: (a) The Administration may issue a be controlled by regulations governing subpena to compel any person, sole pro­ formal adjudications, which the agency (1) Subpenas; (2) Investigational hearings ; or prietorship, partnership, corporation or is now preparing. other entity to provide information as a Because this rule is procedural, it is (3) General or special orders. witness at an investigational hearing. being issued without public notice or (b) Service of the compulsory proc­ Such hearings are for the purpose of opportunity for comment as an interim esses specified in paragraph (a) of this taking the testimony of witnesses under final rule. Opportunity for public com­ section is effected: oath and receiving documents and other ment is provided before the agency (1) By personal service upon the per­ information relating to any subject un­ adopts a permanent final rule. son, or agent-in-charge of the sole der investigation, including rulemaking The National Highway Traffic Safety proprietorship, partnership, corporation, or enforcement. The Administrator or Administration issues on an interim basis or other entity being investigated, in­ his designee presides at the hearings. 49 CFR 510, as set forth below. This spected, or inquired of; or The hearings are stenographically re­ action is taken under the provisions of (2) By mail (registered or certified) or ported, and a transcript thereof is made the National Traffic and Motor Vehicle delivery to the last known residence or a part of thé record. Safety Act, as amended, (section 112 and business address of such person or agent. (b) The transcript of the testimony of 119, 15 U.S.C. 1401 and 1407), and the (c) The date of service of any of the a witness who testified under subpena is Motor Vehicle Information and Cost compulsory processes specified in para­ submitted to him for his signature un­ Savings Act, as amended, (Titles I, II, graph (a) of this section is the date on less he waives the right to sign the trans­ IV, and V) jand the delegation of au­ which the process is mailed by the script. If such witness desires to make thority at 49 CFR 1.50. agency, or delivered in person, as appli­ any changes in form or substance in the The lawyer principally responsible for cable. Whenever a party is required or transcript, he shall submit, together with the development of this regulation is permitted by compulsory process, under the transcripts, a separate document set­ David A. Zisser. this part to do an act within a pre­ ting forth the changes and stating the Issued on December 19, 1977. scribed period after service, if service is reasons for such changes. If the testi­ by mail the party has until three days mony is not signed by the witness within J oan Claybrook, after the prescribed period to perform 30 days of its submission to the witness, Administrator. the act. or such shorter time as the Administra-

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64630 RULES AND REGULATIONS tion may designate, an Administration copy of any document submitted by him. § 510.8 Fees. designee signs it and states on the record Upon payment of lawfully prescribed Any person compelled to appear in the fact of the waiver of the right to costs, he or she may procure a copy of person in response to a subpena at an sign, or the fact of the witness’ unavail­ his or her own testimony as recorded. investigational hearing shall be paid the ability or inability or refusal to sign to­ (g) The Administrator or the Admin­same attendance and mileage fees as are gether with the reason, if any, given istration designee who presides at an in­ paid witnesses in the courts of the United therefore. The testimony referred to vestigational hearing takes all necessary States, in accordance with Title 28, herein may be used in any investigation action to regulate the course of the hear­ United States Code, Section 1821. or any administrative or judicial adjudi­ ing, to avoid delay and to assure that cative proceeding. reasonable standards of orderly and ethi­ § 510.9 Remedies for failure to permit (c) The release of the record of such cal conduct are maintained. In any case authorized investigations. hearing is governed by the Administra­ in which counsel for a witness has re­ In the event of failure to comply with tion’s regulations under the Freedom of fused to comply with the designee’s di­ any investigative process or order au­ Information Act, 5 U.S.C. 552, other ap­ rections, or to adhere to reasonable thorized by these rules, the Administra­ plicable laws or regulations, or both. standards of orderly and ethical conduct tion may seek appropriate action pur­ (d) Any person, agent, or officer of a in the course of the hearing, the designee suant to the authority conferred by the sole proprietorship, partnership, corpo­ states on the record the reasons for the National Traffic and Motor Vehicle ration, or other entity who is required refusal and immediately reports the re­ Safety Act or the Motor Vehicle Infor­ by subpena to produce documentary evi­ fusal to the Administrator. The Admin­ mation and Cost Savings Act, including dence or give testimony as a witness at istrator thereupon takes such action as actions for enforcement, civil penalties, an investigational hearing conducted the circumstances warrant. under this section may be accompanied or other sanctions. by counsel. Any member of the bar of a § 510.6 General or special orders seek-' [FR Doc.77-36696 Filed 12-23-77:8:45 am] Federal Court or the courts of any State ing information. or Territory of the United States, the The Administration may require by Commonwealth of Puerto Rico, or the thè issuance of general or special orders, [4 9 1 0 -5 9 ] District of Columbia, representative, or any person, sole proprietorship, partner­ PART 571— FEDERAL MOTOR VEHICLE official or employee of the person, sole ship, corporation, or other entity to file SAFETY STANDARDS proprietorship, partnership, or corpora­ with the agency in such form as the Ad­ tion under subpena may act as counsel. ministration may prescribe periodically Motor Vehicle Safety Systems— Meaning However, a person who is subpenaed to and/or special reports or answers in of "Withstanding” Internal Hydrostatic produce documentary evidence or give writing to specific questions which fur­ Pressure; Requirement for Air Reservoir testimony at an investigational hearing nish to the agency such information as Integrity cannot act as counsel or representative it may require, including but not limited AGENCY: National Highway Traffic for another witness at the same to information relating to its organiza­ Safety Administration, DOT. proceeding. tion, business, conduct, practices, man­ ACTION: Interpretation. (e) During an investigational hearing: agement, and relation to any person, sole (1) A witness appearing under sub­ proprietorship, partnership, corporation, SUMMARY: This notice clarifies tjie re­ pena may confer, in confidence, with his or other entity. Such reports and answers quirement in air brake standard No. 121 counsel or representative concerning any must be made under oath, or otherwise, that reservoirs "withstand” specified questions asked of the witness. If such as the A dm inistrate may prescribe and pressure. “Withstand” means that the witness, counsel, or representative ob­ must be filed with the Administration reservoir can deform only slightly and jects to a question, he shall state the within such time as the Administration must contain the applied pressure with objection and basis thereof on the record. may prescribe. only a limited pressure drop at any time In the case of an objection based upon during the test. The clarification is nec­ the privilege against self incrimination, § 510.7 Supplementation of responses. essary because it is apparent that some the privilege must be asserted by the wit­ (a) A person, sole proprietorship, part­ persons misunderstood the existing in­ ness. If a witness appearing under sub­ nership, corporation, or other entity who terpretation. pena refuses to answer a question or pro­ has provided information under this Part vide other information, the presiding in a response that was complete when DATE: The interpretation is effective officer may immediately order such wit­ made is under no duty to supplement his immediately. ness to answer the question or provide response to include information there­ FOR FURTHER INFORMATION CON­ the information requested, except in cir­ after acquired, except: TACT: cumstances where an immediate ruling (1) A person, sole proprietorship, part­ would be unwarranted and except where Mr. Duane Perrin, Motor Vehicle Pro­ nership, corporation, or other entity is grams, National Highway Traffic such refusal is based upon the privilege under a duty to supplement his response against self incrimination, which shall be Safety Administration, Washington, with respect to any question directly ad­ D.C.20590, 202-426-2153. handled in accordance with the proce­ dressed to the identity and location of dure set forth in 18 UJ3.C. 6002 and 6004. persons having knowledge of information SUPPLEMENTARY INFORMATION: All other objections shall be ruled upon obtainable under this Part. It has come to the attention of the Na­ by the presiding officer at the time the tional Highway Traffic Safety Adminis­ objection is made. (2) A person, sole proprietorship, part­ nership, corporation, or other entity is tration (NHTSA) that persons may have (2) Objections timely made under this misunderstood the agency’s existing in­ section are noted on the record, are under a duty seasonably to amend a prior response if he obtains information terpretation of the requirement in Stand­ treated as continuing, and preserved ard No. 121, Air Brake Systems (49 CFR throughout the course of the proceeding. upon the basis of which he knows that 571.121), that air brake system reser­ (3) Except as provided by this section, the response was incorrect when made, voirs must "withstand” a specified pres­ counsel for or a representative of a wit­ or he knows that the response, though sure level. The requirement appears in ness may not interrupt the examination correct when made is no longer true and S5.1.2.2 and S5.2.1.3 and specifies in rele­ of the witness by making arguments or the circumstances are such that a failure vant part that "Each reservoir shall be statements on the record. to amend the response is in substance capable of withstanding an internal hy­ (4) Upon completion of the examina­ a knowing concealment. drostatic pressure of 500 p.s.i. [or five tion of a witness, the witness may clarify (b) This section in no way limits the on the record any of his answers. Administration’s authority to obtain times compressor cutout pressure in the (f) Any such person, agent, or officer supplemental information by specific case of trucks and buses! for 10 minutes.” who is required to appear in person al an demands through the means specified in The existing NHTSA interpretation of investigational hearing may retain a section 510.3(a) of these regulations. “withstanding” adopts the Society of Au-

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 RULES AND REGULATIONS 64631 tomotive Engineers Standard No. JlOb [ 6720-02 ] Sec. which specifies that there be no rupture 461.7 Request for amendment to record. or permanent circumferential deforma­ Title 1— General Provisions 461.8 Corporation review of request for cor­ rection or amendment of record. tion exceeding one percent. It has become CHAPTER IV— MISCELLANEOUS 461.9 Appeals of denial of requests for cor­ apparent in compliance testing that this AGENCIES rection or amendment of record. interpretation insufficiently describes the [No. MC77-54] 461.10 Fees for providing copies of records. performance required by the standard. 461.11 Criminal Penalties. In one test, the baffle in a tank that PART 461— FEDERAL HOME LOAN MORT­ formed one end of a service reservoir de­ GAGE CORPORATION (PRIVACY ACT Authority : 5 U..S.C. § 552a. formed from a concave to a convex shape REGULATIONS) § 461.1 Introduction to part. when pressurized from the service reser-, D ecember 16, 1977. The Federal Home Loan Mortgage Cor­ voir side, resulting in a measurable pres­ AGENCY : Federal Home Loan Mortgage poration is a corporate instrumentality sure drop. While it is clear to the agency Corporation. that the reservoir did not withstand the of the United States created by the Fed­ ACTION: Final Rule. eral Home Loan Mortgage Corporation pressure application, it is true that the Act (12 U.S.C. 1451-1459). To the extent reservoir did not rupture and its circum­ SUMMARY : This amendment imple­ required by applicable law, and to the ferential dimension did not permanently ments the Privacy Act of 1974. extent appropriate under section 303(b) deform. These regulations govern the manner The agency believes that two elements of the FHLMC Act, the Corporation may in which individuals may obtain access publish documents in the F ederal R egis­ should be explicitly recognized in future to and make corrections in records main­ ter. The materials in this Part are pre­ interpretation of “withstanding” that tained by the Corporation under the Act. sented in a form which will be codified are insufficiently clear at present. To EFFECTIVE DATE: Effective December for the sake of increasing their accessi­ cover rupture and all aspects of defor­ bility to the public. mation, “withstanding” is interpreted to 27,1977. mean that the volume of the reservoir is FOR FURTHER INFORMATION CON­ § 461.2 Purpose and scope. not increased by permanent deformation TACT: (a) This Part is issued by the Federal of more than 3 percent. This would be Home Loan Mortgage Corporation con­ measured by water displacement before Diana G. Browne, Assistant General Counsel, Federal Home Loan Mortgage sistent with the requirements of the and after pressurization. The second ele­ Corporation, 311 First Street, N.W., Privacy Act of 1974, section 552a of Title ment is that the pressure does not drop Washington, D.C. 20001 (202/624- 5, United States Code, and establishes more than 5 p.s.i. at any time during 7031). methods and procedures by which the pressurization or the 10-minute holding Corporation implements that Act. period specified by the standard. This SUPPLEMENTARY INFORMATION: (b) The records covered by this Part would ensure that hairline cracks that This amendment adds a new Part 461 to shall include all records contained in rec­ open during pressurization and seal for Title 1 of the Code of Federal Regula­ ord systems maintained by the Corpora­ purposes of water displacement measure­ tions in order to implement the Privacy tion. ment would still qualify as not “with­ Act of 1974. (5 U.S.C. 552a). These regu­ standing” pressure. A collateral clarifi­ lations govern the manner in which in­ § 461.3 Definitions. cation is to state that an air tank dedi­ dividuals may obtain access to and make The following definitions apply cated to multiple functions (e.g., wet corrections in records maintained by the throughout this Part 461. The use of a tank and service air tank) by means of Corporation under the Act. word or term in the singular shall in­ baffling constitutes separate reservoirs New Part 461 would apply to all rec-. clude the plural, and the use of the male for purposes of the . standard and is ords maintained by the Corporation that gender shall include the female gender. tested by separate pressurization of the contain personal information about an (a) The term “agency” has the mean­ two portions. individual, that identify that individual ing given to that term in 5 U.S.C. 551(1), In light of the above, the NHTSA in­ by name or identifying number, symbol, and includes any executive department, terprets the word “withstanding” in or other identifying particular and are military department, Government Cor­ S5.1.2.2 and S5.2.1.3 of Standard No. 121 contained in a system of records from poration, Government controlled cor­ to mean that the reservoir shall: which such information is retrieved by poration, or other establishment in the (1) Not increase in volume by more the individual’s name or identifying executive branch of the government (in­ than 3 percent because of permanent de­ number, symbol or other identifying par­ cluding the Executive Office of the Presi­ formation; and ticular. The only such records maintained dent), or any independent regulatory (2) Contain the application of hydro­ by the Corporation are personnel and agency. static pressure without a reduction of payroll records, and to a minor extent (b) The term “Act” means the “Pri­ more than 5 p.s.i: at any time during the records of investors in the Corpora­ vacy Act of 1974,” Pub. L. 93-579, 5 pressurization or the 10-minute holding tions Participation Certificates. U.S.C. 552a. period specified in the standard. (c) The term “Corporation” means These regulations were published for the Federal Home Loan Mortgage Cor­ Because this clarification of the re­ public comment at 42 FR, p. 57463, et seq. poration. quirement has been necessary and (November 3, 1977). No comments were (d) The term “individual” means a parties may not have been adequately received. However, during the comment living person who is a citizen of the on notice of this interpretation, the period the proposed regulations were United States or an alien lawfully admit­ agency does not anticipate enforcement supplemented to include a new record ted for permanent residence. The parent of violations involving reservoirs whose system, the records pertaining to the in­ of any minor, or the legal guardian of date of manufacture precedes this no­ dividuals who are investors in the Cor­ any individual who has been declared to tice. poration’s Participation Certificates. be incompetent due to physical or men­ Further questions about the meaning Sec. tal incapacity or age by a court of com­ of the word “withstanding” in these sec­ 461.1 Introduction to Part. petent jurisdiction, may act on behalf tions should be directed to: Chief Coun­ 461.2 Purpose and scope. of the individual. sel, National Highway Traffic Safety Ad­ 461.3 Definitions. 461.4 Records on individuals in a System of (e) The term “legal public holiday” ministration, Washington, D.C. 20590. Records: .Procedures for requesting means New Year’s Day, Washington’s Issued on December 14, 1977. information about such records and Birthday, Memorial Day, Independence access thereto. Day, Labor Day, Columbus Day, Veter­ J oan Claybrook, 461.5 Procedures for identifying the indivi­ ans’ Day, Thanksgiving Day, Christmas Administrator. dual making the request. Day, and any other day jappointed as a [PR Doc.77-36549 Filed 12-23-77:8:45 am] 461.6 Disclosure of requested information national holiday by the President or the to individuals. Congress of the United States.

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64632 RULES AND REGULATIONS if) The term “maintain” includes periods in this section until actual re­ urdays, Sundays, and legal public holi­ maintain, collect, use or disseminate. ceipt by the Director of Personnel. In days) after receipt of the individual’s (g) The term “records” means any each instance when a request so for­ request. item, collection, or grouping of informa­ warded is received by the Director of § 461.6 Disclosure of requested infor­ tion about an individual that is main­ Personnel, the individual making the re­ mation to individuals. tained by the Corporation in a system of quest shall be notified that the request records, or, if appropriate, another agen­ was improperly addressed and the date (a) Each request for information when the request was received by the Di­ about or for access to a record or to cy including, but not limited to, his information pertaining to any individual education, financial transactions, med­ rector of Personnel. (e) When access to a record or infor­ that is contained in a system of records ical history, and criminal or employ­ shall be acted upon promptly. Every ef­ ment history and that contains his mation pertaining to the individual that is contained in a system of records is fort will be made to respond within ten name, or the identifying number, sym­ days (excluding Saturdays, Sundays, and bol, or other identifying particular as­ requested, the individual either will be notified in writing where and when he legal public holidays) of the date of signed to the individual, such as a finger receipt of the request or receipt of satis­ or voice print or a photograph. may obtain access to the records re­ quested or, if further arrangements are factory additional proof of identity. If (h) The term “system of records” a response cannot be made within ten means a group of any records under the required, will be given the name, ad­ dress and telephone number of the per­ days, the Corporation shall send an control of the Corporation or, if ap­ acknowledgment during that period pro­ propriate, another agency from which son at the Corporation responsible for such arrangements. viding information on the status of the information is retrieved by the name of request. the individual or by some identifying (f) Assistance in preparing a request (b) Any individual who has requested number, symbol, or other identifying for information about a record or for. access to a record or to information per­ particular assigned to the individuals. access to a record or to information per­ taining to the individual that is con­ taining to him that is contained in a § 461.4 Records on individuals in a Sys­ tained in a system of records may be system of records, in the manner tem of Records: Procedures for re­ obtained from the Director of Corporate prescribed in § 461.4, and has identified questing information about such Relations, Federal Home Loan Mortgage himself as prescribed in § 461.5, shall be records and access thereto. Corporation, 311 First Street, N.W., permitted to review the record or in­ (a) Any individual may request in­ Washington, D.C. 20001. formation and have a copy made of all formation regarding whether a system or any portion thereof in a form com­ §^61.5 Procedures for identifying the prehensible to him upon payment of the of records maintained by the Corpora­ individual making the request. tion contains any information pertain­ fee, if applicàble, or copying services ing to him, and may request access to (a) When a request for information set forth in 8 461.10, unless such in­ his record or to any information per­ about or for access to a record or to in­ formation or access is denied on the taining to him that is contained in a formation pertaining to an individual grounds stated in paragraph (e) of this system of records. All such requests shall that is contained in a system of records section. Upon the request of an in­ be directed to the Director of Personnel, has been made pursuant to S 461.4, the dividual, a person of the individual’s Federal Home Loan Mortgage Corpora­ Corporation shall require reasonable own choosing may accompany him to re­ tion, 311 First Street, N.W., Washington, identification of the individual making view the record at the Corporation, but D.C. 20001. The consideration by the the request before information will be the individual shall first furnish to the Corporation of requests submitted by given or access will be granted, to insure Director of Personnel a written state­ mail will be facilitated if the envelope in that information is given or records are ment authorizing discussion of that in­ which the request is mailed has the disclosed only to the proper person. dividual’s record in the accompanying words “PRIVACY ACT REQUEST” in (b) Subject to paragraphs (c) and person’s presence. capital letters on the front of it. (d) of this section, an individual making (c) Where record of a document con­ (b) A request for information about a a request may establish his identity by taining information about an individual record or for access to a record or to including with his request a photograph also contains information not pertaining information pertaining to any individual of two identifying documents bearing to him, the portion not pertaining to the that is contained in a system of records his name and signature, one of which individual shall not be disclosed, except may be made by mail only. shall bear his current home or business to the extent the information is avail­ (c) (1) Such a request shall be in writ­ address. able to any person under the Freedom of ing and signed by the individual making (c) If the Director of Personnel or Information Act. the request and include (i) the full name other designated Corporation official de­ (d) Grant of access. (1) Notification. (including the middle name) of the in­ termines that the information in the An individual shall be provided informa­ dividual seeking the information or record is so sensitive that unauthorized tion about or granted access to a record records, his home address and telephone access could cause harm or embarrass­ or information pertaining to him that number, his business address and tele­ ment to the individual whose record is is contained in the system of records, phone number and (ii) a certified or involved, or if the individual making the unless the request has been denied in authenticated copy of documents estab­ request is unable to produce satisfactory accordance with paragraph, (e) of this lishing parentage or legal guardianship, evidence of identity under paragraph section. The Director of Personnel shall if appropriate. (b) of this section, the individual mak­ notify the individual of such determina­ (2) In addition, such a request should ing the request may be required to sub­ tion and provide the following informa­ (i) specify the title of the system or mit such other proof of identity as tion: records, which appears in the notice of the Director of Personnel deems satis­ (i) Whether there is a record or in­ systems published in the F ederal R egis­ factory. Required proof of identity may formation pertaining to him that is con­ ter by the Corporation, and (ii) de­ include, but is not limited to, personal tained in a system of records ; scribe the information sought or the identification cards, employee identifi­ time, place, or form of access, as ap­ cation cards, driver’s license,. Social (ii) The methods of access, as set forth propriate. Security number, knowledge of birthdate in paragraph (d) (2) of this section; (d) Any request not addressed and and relative’s names, and signature com­ (iii) The place at which the record marked as specified in paragraph (a) of parisons. In order to request additional or information may be inspected; this section shall be forwarded imme­ proof of identity under this subsection, (iv) The earliest date on which the rec- diately to the Director of Personnel. A the Director of Personnel must notify ' ord or information may be inspected and request that is improperly addressed by the individual that the proof provided the period of time that the record or in­ an individuaf shall not have been “re­ pursuant to subsection (b) is inadequate formation will remain available for in­ ceived” for purposes of measuring time not later than ten days (excluding Sat­ spection. In no event shall the “earliest

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 RULES AND REGULATIONS 64633 date” be later than thirty days (exclud­ mitted by mail to the Director of Per­ poration Office or official with the re­ ing Saturdays, Sundays and legal public sonnel, Federal Home Loan Mortgage sponsibility for considering appeals. holidays) from the date of notification; Corporation, 311 First Street, N.W., (3) If the Director of Personnel can­ (v) ' The estimated date by which Washington, a D.C. 20001. Each request not make the determination within copy of the record could be mailed and shall contain identification of the record thirty days, the individual will be ad­ the estimate of fees that would be system and the record or information vised in writing of the reason therefor charged to provide other than the first therein, a brief description of the mate­ and of the estimated date by which the copy of the record, pursuant to § 461.10. rial requested to be changed, the re­ determination will be made. In no event shall the “estimated date” quested change or changes, the reason (b) Whenever an individual’s record is be later than thirty days Tfexluding Sat­ for such change or changes, and any corrected or amended pursuant to a re­ urdays, Sundays and legal public holi­ documentary evidence supporting the quest by that individual, the Director days) from the date of notification; change. of Personnel shall notify all persons and (vi) The fact that the individual, if he (b) The Director of Personnel shall agencies to which the corrected or wishes, may be accompanied by another acknowledge receipt of a request for amended portion of the record had been person during the in-person review of amendment within ten days (excluding disclosed prior to its correction or the record or information, subject to the Saturdays, Sundays, and legal public amendment, if an accounting of such procedures set forth in paragraph (b) of holidays). Such acknowledgment may disclosure required by the Act was made. this section; and, contain a request for any additional in­ The notification shall require a recipient (vii) A ny additional requirements that formation needed to make a determina­ must be satisfied in order to provide in­ tion. agency maintaining the record to ac­ knowledge receipt of the notification, to form ation about or to grant access to the .(c) Any amendment request not ad­ requested record or information. correct or amend the record and to ap­ dressed and mailed as specified in para­ prise any agency or person to which it (2) Methods of Access. The followinggraph (a) of this section shall be for­ methods of access to records or informa­ had disclosed the record of the sub­ warded immediately to the Director of stance of the correction or amendment. tion pertaining to an individual that is Personnel. A request that is improperly contained in a system of records may be addressed by an individual shall not have § 461.9 Appeals of denial of requests for available to that individual depending been “received” for purposes of measur­ correction or amendment of record, on the circumstances of a particular re­ ing time periods in this section until (a) (1) Any individual may appeal, to quest: actual receipt by the Director of Per­ the Chairman of — the Corporation’s (i) Inspection in person may be had in sonnel. In each instance when a request Board of Directors, the denial of a re­ the office by the Corporation during the so forwarded is received by the Director quest made by him for correction or regular business hours; and of Personnel, the individual making the amendment of a record issued pursuant (ii) The requested number of copies request shall be notified that the request to § 461.7. The Chairman has delegated may be mailed at the request of the indi­ was improperly addressed and the date this function to the Corporation’s Vice vidual, subject to payment of the fees when the request was received by the Di­ President—General Counsel, and a de­ prescribed in § 461.10. rector of Personnel.’ cision by the Vice President—General (e) Initial denial of access.^(1) (d) Assistance in preparing a requestCounsel is a final decision by the Corpo­ Grounds. A request by an individual for to correct or amend a record may be ration. information about or access to a record obtained from the Director of Corporate (2) An appeal shall be filed within or information pertaining to that indi­ Relations, Federal Home Loan Mortgage thirty days (excluding Saturdays, Sun­ vidual that is contained in a system of Corporation, 311 First Street, N.W., days, and legal public holidays) after records may be denied only upon a de­ Washington, D.C. 20001. the service of the denial. termination by the Director of Personnel (b) (1) The appeal shall be in writing that: § 461.8 Corporation review of request (1) The record is information com­ for correction or amendment of and shall be filed with the Vice Presi­ record. dent-G eneral Counsel, Federal Home piled in reasonable anticipation of a civil Loan Mortgage Corporation, 311 First action or proceeding; or (a) Within thirty days after acknowl­Street NW., Washington, D.C. 20001. (ii) The individual unreasonably has edging receipt of a request for amend­ (2) An appeal not addressed and failed to comply with the procedural re­ ment (excluding Saturdays, Sunday, and marked as specified in paragraph (b) (1) quirements of this part. legal public holidays), or after receiving of this section shall be forwarded im­ (2) Notification. The Director of Per­ such further information as may have mediately to the Vice President—Gen­ sonnel shall give written notice of the been requested by the Corporation, the eral Counsel. An appeal that is not denial of a request for information about Director of Personnel shall either: properly addressed by an individual shall or access to records or information per­ (1) Make the requested correction or not have been “received” for purposes of taining to the individual that is con­ amendment and advise the individual in measuring the time periods in this sec­ tained in a system of records, which no­ writing of such action, providing either tion until actual receipt of the appeal tice shall include the following informa­ a copy of the corrected or amended by the Vice President—General Counsel. tion: record, or a statement as to the means In each instance when an appeal so for­ (i) The Director of Personnel’s title whereby the correction or amendment warded is received, the individual filing or position; was accomplished in cases where a copy the appeal shall be notified that the ap­ cannot be provided (for example, erasure peal was improperly addressed' and the (ii) The date of the denial; of information from a record maintained date when the appeal was received by (iii) The reasons for the denial, in­ only in an electronic data bank) ; or, the Vice President—General Counsel. cluding a citation to the appropriate sec­ (2) Inform the individual in writing (c) Content of appeal. (1) The appeal tion of the Act and this part; and that his request is denied and provide shall include the following: (iv) The individual’s right to judicial the following information: (1) A copy of the original request for review under 5 U.S.C. 552a(g) (1) (B) , as (i) The Director of Personnel’s name correction or amendment; limited by 5 U.S.C. 552a(g) (5). and title and position; (ii) A statement of the reasons why (ii) The date of the denial; the initial denial is believed to be in § 461.7 Request for amendment to error. record. (iii) The reasons for the denial, in­ (2) The record requested to be cor­ (a) If, after disclosure of the re­ cluding a citation to the appropriate rected or amended will be supplied to quested information, an individual be­ sections of the Act and this part; and the Vice President—General Counsel. lieves that such record is pot accurate, (iv) The procedures for appeal of the While such record normally will com­ relevant, timely or complete, he may denial of a request for correction or prise the entire record on appeal, the request in writing that the record be amendment as set forth in § 461.9, in­ Vice President—General Counsel may amended. Such a request shall be sub- cluding the name and address of the Cor- seek such additional information as is

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64634 RULES AND REGULATIONS necessary to assure that the final deter­ Privacy Act of 1974 are set forth in 5 § 213.3306 Department of Defense. mination is fair and equitable and, in U.S.C. 552a (i). (a) Office of the Secretary. * * * such instances, the additional informa­ (b) A person who falsely or fraudu­ (97) One Private Secretary to the Ad­ tion will be disclosed to the individual lently attempts to obtain records under visor to the Secretary and Deputy Sec­ making the appeal and, consistent with the Act also may be subject to prosecu­ retary of Defense for NATO Affairs. the time periods provided in paragraph tion under such other criminal statutes (5 U.S.C. 3301, 3302, EO 10577, 3 CFR 1954- (e) of this section, an opportunity will as 18 U.S.C. 494, 495, and 1001. 1858 Comp., p. 218.) be provided for comment thereon. (12 TLJS.C. 1452(b) (3) (1970).) (d) No personal appearance or hear­ U nited States Civil Serv­ ing on appeal will be allowed. By the Board of Directors. ice Commission, (e) The Vice President—General J ames C. S pry, Counsel shall act upon the appeal and \ J. J. F in n , Executive Assistant issue a final determination in writing no Secretary. to the Commissioners. later than thirty days (excluding Sat­ [FR Doc.77-36889 Filed 12-23-77:8:45 am] [FR Doc.77-36891 Filed 12-23-77:8:45 am] urdays, Sundays, and legal holidays) from the date on which the appeal is [ 6325-01 ] received, unless the Vice President-Gen­ [6 3 25 -0 1 ] eral Counsel extends the period for good , Title 5— Administrative Personnel PART 213— EXCEPTED SERVICE cause. CHAPTER I— CIVIL SERVICE COMMISSION Department of Health, Education, and (f) If the appeal is granted, that de­ Welfare termination shall include the specific PART 213— EXCEPTED SERVICE corrections or amendments to be made Department of Agriculture AGENCY: Civil Service Commission. and a copy thereof shall be transmitted ACTION: Final rule. promptly both to the individual and to AGENCY: Civil Service Commission. the person who issued the initial denial. ACTION : Final rule. SUMMARY: This amendment excepts Upon receipt of that determination, the following positions under Schedule C such person shall take the actions set SUMMARY: One additional position of because they are confidential in nature: forth in § 461.8(b). Confidential Assistant to the Adminis­ (!) Five positions of Special Assistant to (g) If the appeal is denied, the final trator, Food and Nutrition Service, is ex­ the Secretary: and (2) one position of determination shall be transmitted cepted under Schedule C because it is Special Assistant to the Assistant Sec­ promptly to the individual and shall confidential in nature. retary for Human Development Services state the reasons for the denial. The EFFECTIVE DATE: December 27, 1977. for Special Projects. notice of that determination also shall be transmitted promptly to the individ­ FOR FURTHER INFORMATION CON­ EFFECTIVE DATE: December 27, 1977. ual and shall state the reasons for the TACT: f 6 r FURTHER INFORMATION CON­ denial. The notice of that determina­ William Bohling, 202-632-4533. TACT: . tion also shall include the following information: Accordingly, 5 CFR 213.3313(q) (1) is William Bohling, 202-632-4533. (1) The right of the individual to file amended as set out below : Accordingly, 5 CFR 213.3316(a) (44) with the Vice President-General Coun­ § 213.3313 Department of Agriculture. and (n) (21) are added as set out below: sel a concise signed statement of rea­ sons for disagreeing with the final de­ * * * * * § 213.3316 Department of Health, Edu­ termination, receipt of which statement (ql Food and Nutrition Service. cation, and Welfare. shall be acknowledged by the Vice ( 1 ) Four Confidential Assistants to the (a) Office of th& Secretary. * * * President-General Counsel ; Administrator. (44) Five Special Assistants to the (2) The fact that any such disagree­ (5 U.S.C. 3301, 3302; EO 10577, 3 CFR 1954- Secretary. ment statement filed by the individual 1958 Comp., p. 218.) ■ * ' * * * * shall be noted in the disputed record and (n) Office of the Assistant Secretary that a copy of the statement shall be United S tates Civil Serv­ provided by thé Director of Personnel to ice Commission, for Human Development. * * * persons and agencies to which the rec­ J ames C. S pry, (21) One Special Assistant *to the As­ Executive Assistant sistant Secretary for Human Develop­ ord is disclosed subsequent to the date of ment Services for Special Projects. • receipt of such statement ; to the Commissioners. (3) The right of the individual to |FR Doc.77-36890 Filed 12-23-77:8:45 am] (5 U.S.C. 3301, 3302; EO 10577,3 CFR 1954-58 judicial review of the final determina­ Comp., p. 218.) tion under 5 U.S.C. 552a(g) (1) (A), as [6 3 2 5 -0 1 ] U nited S tates Civil Serv- . limited by 5 U.S.C. § 552a(g)(5). ice Commission, § 461.10 Fees for providing copies "of PART 213— EXCEPTED SERVICE J ames C. S pry, records. Department of Defense Executive Assistant to the Commissioners. (a) No fee will be charged to an in­ AGENCY: Civil Service Commission. dividual for processing the request for, [FR Doc.77-36892-Filed 12-23-77:8:45 am] searching for, or providing the first copy ACTION: Final rule. of, a record or any portion thereof con­ SUMMARY: One position of Private [6 3 2 5 -0 1 ] tained in a record system if the record Secretary to the Advisor to the Secretary pertains to such individual. and Deputy Secretary of Defense for PART 213— EXCEPTED SERVICE (b) If an individual should desire NATO Affairs is excepted under Sched­ Department of Health, Education, and multiple copies of a record pertaining to ule C because it is confidential in nature. Welfare himself, he shall pay a fee of 10 cents AGENCY: Civil Service Commission. per page for each page requested to be EFFECTIVE DATE: December 27, 1977. reproduced by the Corporation. FOR FURTHER INFORMATION CON­ ACTION: Final rule. §461.11 Criminal penalties. TACT: SUMMARY: Positions on the Indochi­ (a) The criminal penalties applicable William Bohling, 202-632-4533. nese Refugee Program Staff in the Social to employees, officers, and agents of the Accordingly, 5 CFR 213.3306(a) (97) is Security Administration are excepted Corporation for actions which violate the added as set out below: from the competitive service under

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 RULES AND REGULATIONS 64635 Schedule A because it is impracticable to (5 U.S.C. 3301, 3302; EO 10577, 3 CFR 1954- (14) Until September 30,1980, two po­ hold an examination for them. 1958 Comp., p. 218.) sitions of Assistant Director of Music EFFECTIVE DATE: December 27, 1977. United S tates Civil S erv­ Programs. FOR FURTHER INFORMATION CON­ ice Commission, (5 U.S.C. 3301, 3302; EO 10577, 3 CFR 1954- J ames C. S pry, 1958 Comp., p. 218.) TACT: Executive Assistant W illiam Bohling, 202-632-4533. to the Commissioners. U nited S tates Civil S erv­ ice Commission, [FR Doc.77-36894 Filed 12-23-77;8:45 am] Accordingly, 5 CFR 213.3116(d) (5) is J ames C. S pry, added as set out below : Executive Assistant § 213.3116 Department of Health, Edu­ [ 6325-01 ] to the Commissioners. cation, and Welfare. PART 213— EXCEPTED SERVICE [FR Doc.77-36896 Filed 12-23-77;8:45 am] ÿ * * * * Department of Labor [6 3 25 -0 1 ] (d) Social Security Administration AGENCY: Civil Service Commission. PART 213— EXCEPTED SERVICE (5) Not to exceed 64 positions on the ACTION: Final rule. Indochinese Refugee Program Staff. SUMMARY: One position of Private National Foundation on the Arts and the Service under this authority may not .Secretary to the Commissioner of Labor Humanities exceed September 30,1981. Statistics is excepted under Schedule C AGENCY: Civil Service Commission. (5 U.S.C. 3301, 3302; EO 10577, 3 CFR 1954- because it is confidential in nature. ACTION: Final rule. 1958 Comp., p. 218.) EFFECTIVE DATE: December 27, 1977. SUMMARY: This amendment changes U nited S tates Civil S erv­ FOR FURTHER INFORMATION CON­ the title of one Special Assistant to the ice Com m ission, TACT: Chairman (for Public Events), National J ames C. S pry, Endowment for the Humanities, to one Executive Assistant William Bohling, 202-632-4533. Staff Assistant to the Chairman (for to the Commissioners. Accordingly, 5 CFR 213.3315(1) is Public Events), National Endowment for [FR Doc.77-36893 Filed 12-23-77:8:45 am] added as set out below: the Humanities. This change in title is appropriate in order to more appropri­ § 213.3315 Department of Labor. ately reflect the duties of the position. [6325-01 ] * $ * * t|e PART 213— EXCEPTED SERVICE (1) Office of the Commissioner of EFFECTIVE DATE: December 27, 1977. Department of the Interior Labor Statistics. FOR FURTHER INFORMATION CON­ (1) One Private Secretary to the Com­TACT: AGENCY: Civil Service Commission. missioner. William Bohling 202-632-4533. ACTION : Final rule. (5 U.S.C. 3301, 3302; EO 10577, 3 CFR 1954- 1958 Comp., p. 218.) Accordingly, 5 CFR 3382 (e) and (i) SUMMARY : One Confidential Assistant are amended as set out below: (Administrative Assistant) to the Assist­ U nited S tates Civil S erv­ ant Secretary for Congressional and ice Commission, § 213.3382 National Foundation on the Arts and the Humanities. Legislative Affairs is revoked under the J ames C. S pry, automatic revocation provisions because Executive Assistant $ £ $ * >1: the position has been vacant for more to the Commissioners. (e) Three Special Assistants to the than 60 days. One additional position of [FR Doc.77-36895 Filed 12-23-77:8:45 am] Chairman of the National Endowment Special Assistant to the Assistant to the for the Humanities. * * * Secretary and Director, Office of Con­ (i) Two Staff Assistants to the Chair­ gressional and Legislative Affairs is ex­ [ 6325-01 ] man, National Endowment for the Hu­ cepted under Schedule C because it is PART 213— EXCEPTED SERVICE manities. confidential in nature. National Foundation on the Arts and the (5 U.S.C. 3301, 3302; EO 10577, 3 CFR 1954- EFFECTIVE DATE : December 27,1977. Humanities 1958 Comp., p. 218.) FOR FURTHER INFORMATION CON­ AGENCY: Civil Service Commission. U nited S tates Civil S erv­ TACT: ice Commission, ACTION: Final rule. J ames C. S pry, William Bohling, 202-632-4533. SUMMARY: One additional position of Executive Assistant Accordingly, 5 CFR 213.3312 (a) (5) Assistant Director of Music Programs in to the Commissioners. and (a) (17) are amended as set out be­ low : I ‘ the National Endowment for the Arts is [FR Doc.77-36897 Filed 12-23-77:8:45 am] excepted under Schedule A because § 213.3312 Department of the Interior. examination for the position is imprac­ [6 3 25 -0 1 ] (a) Office of the Secretary. * * * ticable. (5) Six Special Assistants to the As­ PART 213— EXCEPTED SERVICE sistant Secretary for Fish and Wildlife EFFECTIVE DATE: December 27, 1977. Small Business Administration and Parks and one Confidential Assist­ FOR-FURTHER INFORMATION CON­ AGENCY: Civil Service Commission. ant (Administrative Assistant) to each TACT: of the three Assistant Secretaries for En­ ACTION: Final rule. William Bohling 202-632-4533. ergy and Minerals, Land and Water Re­ SUMMARY: One additional position of sources and Fish and Wildlife and Parks. Accordingly, 5 CFR 213.3182(a) (14) is Special Assistant to the Deputy Admin­ amended as set out below: istrator is excepted under Schedule C (17) Three Special Assistants to the § 213.3182 National Foundation on the because it is confidential in nature. Assistant to the Secretary and Director, Arts and the Humanities. EFFECTIVE DATE: December 27, 1977. Office of Congressional and Legislative (a) National Endowment for the FOR FURTHER INFORMATION CON­ Affairs. Arts. * * * TACT:

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64636 RULES AND REGULATIONS William Bohling, 202-632-4533. 55596, October 18, 1977, regarding the § 213.3305 Department of the Treasury, numbering of paragraph 213.3316(r) (3). (a) Office of the Secretary. * * * Accordingly, 5 CFR 213.3332(t) is Its should be number § 213.3316(r) (11). (4) [Revoked]. amended as set out below: EFFECTIVE DATE: October 18,1977. ***** § 213.3332 Small Business Administra­ (12) [Revoked]. tion. FOR FURTHER INFORMATION CON­ * * * * * TACT: * * * * * (t) Three Special Assistants to the William Bohling, 202-632-4533. (14) [Revoked], Deputy Administrator. ***** U nited S tates Civil S erv­ (5 U.S.C. 3301, 3302; EO 10577, 3 CFR 1954- (16) [Revoked]. ice Commission, (17) [Revoked]. 1958 Comp., p. 218.) J ames C. S pry, (18) One Executive Assistant and one United S tates Civil S erv­ Executive Assistant Special Assistant to the Assistant Sec­ ice Com m ission, to the Commissioners. retary (Economic Policy). J ames C. Spry, [FR Doc.77-36931 Filed 12-23-77;8:45 am] Executive Assistant ***** to the Commissioners. (47) Two Staff Assistants to the Sec­ (FR Doc.77-36898 Filed 12-23-77;8:45 am] [ 6325-01 ] retary. - PART 213— EXCEPTED SERVICE ***** Subpart C— Excepted Schedules (61) [Revoked]. [ 6325-01 ] ***** Miscellaneous R evocations PART 213— EXCEPTED SERVICE (68) [Revoked]. Department of the Treasury AGENCY: Civil Service Commission. ***** AGENCY: Civil Service Commission. ACTION: Final rule. § 213.3306 Department of Defense. ACTION: Final rule. SUMMARY: Subpart C of Part 213 is (a) Office of the Secretary. SUMMARY: This amendment excepts amended to show that 176 positions are (1) One Special Assistant, one Per­ the following positions under Schedule revoked under the provisions of § 213 - sonal Assistant, and.six Private Secre­ C because they are confidential in 3301b because they have been vacant taries to the Secretary. nature: (1) One position of Deputy longer than 60 days. (2) One Private Secretary to the Dep­ Executive Secretary; one Congressional EFFECTIVE DATE: December 27, 1977. uty Secretary of Defense and one Private Liaison Officer, Bureau of Customs; and Secretary to each of the following: Di­ one position of Confidential Staff Assist­ FOR FURTHER INFORMATION CON­ rector of Defense Research and Engi­ TACT: neering; the Principal Deputy Director ant to the Commissioner of Customs. of Defense Research and Engineering; EFFECTIVE DATE: December 27, 1977. William Bohling, 202-632-4533. the Deputy Directors of Defense Re­ FOR FURTHER INFORMATION CON­ Accordingly, 5 CFR Part 213, Subpart search and Engineering (Tactical War­ C is amended as follows: fare Programs), (Research and Technol­ TACT: ogy) ; the Director, Advanced Research William Bohling, 202-632-4533. § 213.3303 Executive Office of the Pres­ Project Agency; the Assistant Secretar­ ident., ies of Defense (Manpower and Reserve Accordingly, 5 CFR 213.3305(a) (77), * * * * * (c) (5) and (6) are added as set out Affairs), (International Security Af­ below: (g) Council on Environmental Qual­fairs), (Public Affairs), (Installations ity. * * * and Logistics), (Comptroller), (Pro­ § 213.3305 Department of the Treasury. (2) Confidential Assistant to a Membergram Analysis and Evaluation), and the (а) Office of the Secretary. * * * of the Council. Assistant to the Secretary of Defense <77) One Deputy Executive Secretary. ***** (Legislative Affairs) ; the General Coun­ * * * * * sel, the Assistant to the Secretary of De­ (1) Office of Telecommunications fense (Atomic Energy) ? and the Mili­ (c) Bureau of Customs. * * * Policy. * * * tary Assistants to the Secretary of De- (5) One Congressional Liaison Of­ (4) [Revoked!. fense. ficer. * 4c * * 4c * 4» 4e 4s > (б) One Confidential Staff Assistant (6) [Revoked]. (20) [Revoked]. to the Commissioner. 4: 4e 4c * 4* (5 U.S.C. 3301, 3302; EO 10577, 3 CFR 1954- (21) [Revoked], 1958 Comp., p. 218) (k) [Revoked]. * 4s 4s 4s 4s 1 T*; U nited States Civil S erv­ § 213.3304 Department of State. (34) [Revoked]. ice Com m ission, (a) Office of the Secretary. * * * * 4c 4c 4s 4s J ames C. S pry, (2) [Revoked]. (37) [Revoked]. Executive Assistant (3) [Revoked]. * 4s 4c 4c 4s to the Commissioners. (4) Three Secretaries (Stenography) (58) [Revoked]. fFR Doc.77-36899 Filed 12-23-77;8:45 am] to the Secretary. * * (12) [Revoked]. * * * 4: 4s 4s (71) [Revoked]. [ 6325- 0 1 ] 4: 4> 4( * * (17 [Revoked]. (72) [Revoked]. 4« Title 5— Administrative Personnel * * * * * * 4» * 4s 4s CHAPTER I— CIVIL SERVICE COMMISSION (21) Two Special Assistants to the (74) [Revoked]. Deputy Secretary. (75) [Revoked]. PART 213— EXCEPTED SERVICE 4s 4* 4s * * * ♦ * 4c 1 Department of Health, Education, and (77) [Revoked]. Welfare; Correction (h) Bureau of International Organi­ (78) [Revoked]. AGENCY : Civil Service Commission. zation Affairs. * * * (3) [Revoked], (79) [Revoked]. ACTION : Correction to final rule. (80) [Revoked]. * * * * 1 (81) [Revoked]. SUMMARY: This document corrects a (u) [Revoked]. (82) [Revoked]. final rule which appeared at 42 FR * 4» 4e 4s 4s 4> 4e 4s *

FEDERAL REGISTER, V O I. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 RULES AND REGULATIONS 64637 (b) Court of Military Appeals. (34) [Revoked]. (38) [Revoked]. (1) One Private Secretary to each of *♦*-** three Judges of the Court. ***** * * * * * (43) [Revoked]. (f) Office of the Assistant Secretary ***** for Legislation. * * * § 213.3307 Department of the Army. (46) [Revoked]. (10) Four Special Assistants to the (a) Office of the Secretary. * * * Deputy Assistant Secretary for Congres­ (3) [Revoked]. ***** sional Liaison. (b) Office of the Solicitor. * * * * * * * * (2) [Revoked]. * * * * * § 213.3309 Department of the Air (3) [Revoked]. . (13) [Revoked]. Force. (c) Mining Enforcement and Safety ***** (a) Office of the Secretary. Administration. * * * (k) Office of the Assistant Secretary (1) l\vo Private Secretaries to the (2) [Revoked]. for Planning and Evaluation. * * * Secretary, One Private Secretary to the ***** (4) [Revoked]. Under Secretary, and One Private Sec­ (1) [Revoked]. ***** retary to each of the three Assistant ***** Secretaries. (n) Office of the Assistant Secretary for Human Development. * * * ***** §213.3314 Department of Commerce. (3) [Revoked]. * * * § 213.3310 Department of Justice. (a) Office-of the Secretary. * * * * * (a) Office of the Attorney General. (3) One Special Assistant and two Private Secretaries to the Under Secre­ (16) [Revoked]. (1) [Revoked]. tary. ***** ***** ***** (o) Social And Rehabilitation Serv­ (4) Two Confidential Assistants to the (6) [Revoked]. ice. * * * Attorney General. (9) [Revoked]. ***** ***** ***** (8) One Confidential Assistant to the (b) Office of the Deputy Attorney Assistant Secretary for Administration. (p) Office of the General Counsel. * * * General. * * * (3) [Revoked]. ***.♦* (6) [Revoked]. (q) Office of the Special Assistant to (29) One Special Assistant to the As­ * * * * * sistant Secretary for Administration. the Secretary for Civil Rights. * * * (e) Civil Division. * * * ***** (4) Two Special Assistants for Special (4) [Revoked]. Groups. (b) Office of the Assistant Secretary * * * * * for Policy. * * * * * * * * (1) Drug Enforcement Administra­ (2) One Confidential Assistant to the (r) Office of the Assistant Secretary tion * * * Assistant Secretary. for Education. * * * (2) [Revoked], ***** (6) [Revoked]. (3) One Director of Public Affairs. (m) Office of the Assistant Secretary * * * * * ***** for Domestic and International Busi­ (9) [Revoked]. ness. * * * (r) Community Relations Service. * * * * * * * • (8) [Revoked]. (18) One Confidential Assistant to the Deputy Assistant Secretary for Interna­ § 213.3317 Overseas Private Investment (s) Law Enforcement Assistance Ad­ tional Commerce. Corporation. ministration. * * * ***** * * * * * (3) One Special Assistant to the Ad­ (n) Office of the Assistant Secretary (e) [Revoked]. ministrator. for Science -and Technology. § 213.3318 Environmental Protection * * ** • * * (1) One Special Assistant to the As­ A gency. (6) [Revoked]. sistant Secretary for Science and Tech­ nology. (a) Office of the Administrator. ***** (l) Eight Special Assistants to the * * * * * (12) [Revoked]. Administrator and one Special Assist­ ***** § 213.3315 Department of Labor. ant (Political Coordination) to the § 213.3312 Department of the Interior, (a) Office of the Secretary. Administrator. (1) One Private Secretary, one Special ***** (a) Office of the Secretary. Assistant, one Confidential Assistant and (1) Five Confidential Assistants to the two Staff Assistant to the Secretary. (4) [Revoked]. Secretary. * * * * * ***** (2) Pour Special Assistants to the (27) One Secretary to the Secretary. (c) Office of Public Affairs. * * * Secretary. ^ ***** (4) One Public Information Specialist. * * * * ♦ (38) [Revoked]. * * * * * (4) [Revoked]. * * * * * § 213.3320 [Revoked] * * * * * (49) [Revoked]. ***** (10) [Revoked]. ***** § 213.3322 Interstate Commerce Com­ m ission. * * * * * (j) Office for Economic Policy Re­ (13) [Revoked]. view. * * * (a) One Confidential Assistant to each of eight Commissioners. ♦ * * * * (2) [Revoked]. (15) [Revoked]. ***** * * * * * * * * * * § 213.3316 Department of Health, Edu­ § 213.3327 Veterans Administration. (18) [Revoked]. cation and Welfare. (a) Office of the Administrator. * * * ♦ * (а) Office of the Secretary. * * * (1) Three Confidential Assistants to (20) [Revoked]. (б) Five Confidential Assistants to the the Special Assistant to the Adminis­ Under Secretary. trator. * * * ♦ ♦ * * * * * * * * * ■ *

FEDERAL REGISTER, V O L 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64638 RULES AND REGULATIONS (7) One Confidential Assistant to the (g) [Revoked]. (g) [Revoked]. Executive Assistant to the Administrator. § 213.3348 National Aeronautics and * * * * * * * * ♦ * Space Administration. (j) [Revoked]. (10) [Revoked]. ***** * * * * * * * * * * (c) One Secretary to the Associate§ 213.3384 Department of Housing and § 213.3330 Securities and Exchange Administrator for Manned Space Flight. Urban Development. Commission. ***** (a) Office of the Secretary. * * * * * * * * (o) [Revoked]. (3) [Revoked!. (e) [Revoked]. ***** ***** * * * * * § 213.3355 Renegotiation Board. (31) One Special Assistant to the Sec­ (i) [Revoked]. retary. * * * * * (a) One Special Assistant to the Chairman and one Special Assistant to * * * * £ § 213.3332 Small Business Administra­ (35) [Revoked]. tion. each of three Renegotiation Board ***** ***** Members. (i) [Revoked]. ***** (38) One Special Assistant to the As­ sistant Secretary for Consumer Affairs * * * * * § 213.3357 National Credit Union Ad­ and Regulatory Functions and one Di­ (t) Two Special Assistants to the Dep­ ministration. rector, Office of Program Development uty Administrator. (a) [Revoked]. and Evaluation. * * * * * * * * * * * * * * $ § 213.3337 General Service Administra­ § 213.3359 ACTION. (46) One Public Information Officer, tion. * * * , Office of the Assistant to the Secretary (a> Office of the Administrator. * * * (t> [Revoked]. for Public Affairs. (4) One Confidential Assistant to the * * * * * Assistant Administrator. ♦ * * * * (5) One Confidential Assistant to the § 213.3360 Consumer Product Safety (d) Office of Assistant Secretary for Commission. Community Planning and Develop­ Deputy Administrator. ment. * * * ♦ * * * * * * * * * * (8) [Revoked]. (c) Two Special Assistants to a Com­ (3) Three Special Assistants to the * * * * * missioner. Assistant Secretary. (19) [Revoked]. * * * * * * * * * * (b) Public Buildings Service. * * * § 213.3367 Federal Maritime Commis­ (f) Office of the Assistant Secretary (2) Three Confidential Assistants to sion. for Fair Housing and Equal Opportu- the Commissioner. ***** uity. * * * * * * * * * * * (b) One Private Secretary to each (i) [Revoked]. Commissioner and one Administrative (3) Four Special Assistants to the As­ Assistant to the Managing Director. sistant Secretary. § 213.3339 International Trade Com­ (4) [Revoked]. m ission. ***** * * * * * * * * * § 213.3373 Community Services Admin­ (j) Community Development Corpo­ (g) [Revoked]. istration. ration. * * * * * * * age (a) Office of the Director. * * * (2) [Revoked]. § 213.3340 Civil Aeronautics Board. (6) One Special Assistant to the Di­ * * * * * * * * * * rector. (k) Office of New Communities Ad­ (c)' [Revoked]. * * * * * ministration. * * * (2) [Revoked]. aft * * * * (b) [Revoked]. Cf) [Revoked]. (c) [Revoked]. * * * * * ***** § 213.3394 Department of Transporta­ § 213.3341 National Labor Relations tion. Board. (e) Office of Public Affairs. * * * * * * * * (2) [Revoked]. (a) Office of the Secretary. * * * (2) [Revoked]. (f) [Revoked], ***** * * * * * (f) [Revoked]. § 213.3342 Export-Import Bank of die (22) [Revoked]. United States. ***** * . * * * * * * * * § 213.3377 Equal Employment Oppor­ tunity Commission. (30) [Revoked]. (d) [Revoked]. * * * * * * * * * * * * * * * (b) One Special Assistant to each of (39) [Revoked]. (Q) One Secretary to one Executive ***** Vice President. four Members of the Commission and (46) [Revoked], ***** one Secretary to each Mèmber of the (s) .[Revoked]. Commission. (h) Federal Aviation Administration ***** ***** * * * § 213.3346 Selective Service System. (e) [Revoked]. (4) [Revoked]. ***** *****

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 RULES AND REGULATIONS 64639 (i) National Highway Traffic Safety Administration. * * * TABLE H I (5) [Revoked]. * ♦ * ♦ ♦ F actor Damage Serious damage If § 213*3399 Temporary Boards and S unburn------— Area exceeds 9 sq. in. Area exceeds 12 sq . in . Commissions. (58 sq. cm ) of greenish- (77 sq. cm ) of greenish- ■it * * * * yellow sunburn on a 25-lb. yellow sunburn on a 25-lb. (b) American Revolution Bicentennial (11.3 kg ) watermelon. (11.3 kg ) watermelon. Administration. * * * Hail, rind worm injury, Aggregating core than Aggregating more than 12 sq. (5) [Revoked]. scars and other similar 5 sq. in. (32 sq. cm)on 1 in. (77 sc. cm ) on a 25-lb, (6) [Revoked]. defects except anthrac­ a 25 -lb . (11*3 kg) (11.3 kg ) watermelon. * * * * * nose. watermelon. (c) National Center for Productivity Vhiteheart ------A hard white streak of A hard white streak of flesh and Quality of Working Life. flesh extending through extending through the heart the heart of the water­ ■ of the watermelon exceeding (1) [Revoked]. melon exceeding a circle a circle 1/2 in., (13 mm) in (5 U.S.C. 3301, 3302; EO 10577, 3 CFR 1954- 1/4 in. (6 mm) in dia­ diam eter. 1958 Comp., p. 218.) m eter.

U n it e d S t a t e s C iv il S erv ­ Hollow h eart ------—- Cracks aggregating more Cracks aggregating more than ic e C o m m is s io n , than 1-1/4 in. (33 mm) in 1-1/2 in. (38 mm) in width on J a m e s C . S p r y , width ofl a 25-lb. (11.3 kg> a 25-ib. (11.3 kg ) long-type Executive Assistant long-type watermelon or the watermelon or the aggregate to the Commissioners. aggregate width exceeds width exceeds 2-1/2 in. 2 in . (51 nm) on a 25-lb. (64 mm) on a 25-lb . (11.3 kg) [FR Doc.77-36932 Piled 12-23-77:8:45 am] (11.3 kg ) round-type round-type watermelon. watermelon. [1505-01 ] In te rn a l rin d s p o t ------Aggregate area exceeds a • Aggregate area exceeds a circle 1 in. (25 mm) circle of 1*1/2 in. (38 mm) Title 7— Agriculture in diameter. in diam eter o r when any spot penetrates the flesh. CHAPTER XXVIII— FOOD SAFETY AND QUALITY SERVICE (STANDARDS, IN­ Soft ends — — ——— — End yields readily to SPECTION, MARKETING PRACTICES), slight pressure applied DEPARTMENT OF AGRICULTURE by palm o£ the hand or shriveling is PART 2851— FRESH FRUITS, VEGETA­ associated with the BLES AND OTHER PRODUCTS (INSPEC­ s o f t end. TION, CERTIFICATION AND STAND­ ARDS) Transit rubs ------— Aggregating more than Aggregating more than 12. sq 5 sq. in. (32 sq. cm) in . (77 sq. cm ) of medium, Subpart— United States Standards for o f medium brown d is­ brown discolorat'i'dh' w a 1* • Grades of Watermelons coloration on a 25-lb. 25-lb. (11.3 kg ) watermelon Correction (11.3 kg ) watermelon.. In PR Doc. 77-35631 appearing at page Bruises -———------Side bruises over 3 in. •Over 5 in . (127 mm) in 63381 in the issue for Friday, December (76.2 lain) in diameter diameter and sunken or soft 16, 1977, in § 2851.1986, in Table HI, and sunken. and springy with underlying wherever the abbreviations “in2” or flesh water-soaked. “cm2” appear, change them to read End b ru ise s over 2 in . Over 2 in . (50.8 ran) in “square inches” and “square centime­ (50.8 mm) in diameter diameter with underlying ters” respectively. For convenience the and sunken. flesh water-soaked. corrected table is set forth below. Also, the chapter head should have If The follow ing defects are considered serio u s damage when p resen t in any degree: read as set forth above. Sunscald, immaturity, anthracnose, overripe and decay.

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64640 proposed rules

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of p « « . « opportunity to p»tlcipat. in the rul. making prior to tiro .«option of th. f.n.1 rule..

crutches, canes, or a wheelchair. The ef­ [ 4410- 0 1 ] [ 8025- 0 1 ] fect of these changes is to implement the DEPARTMENT OF JUSTICE SMALL BUSINESS new law. ADMINISTRATION Immigration and Naturalization Service DATES: Comments must be received on [ 13 CFR Part 121 ] or before January 26,1978. It is proposed [ 8 CFR Part 242 ] to make these changes effective October SMALL BUSINESS SIZE STANDARDS REINSTATEMENT OF STUDENTS IN LAW­ 1,1977, the effective date set forth in the FUL STATUS BY IMMIGRATION JUDGE Definition of Small Business for Purpose new law. IN DEPORTATION PROCEEDINGS of Government Procurement for Estab­ ADDRESSES: Send written comments lishments Engaged in Architectural Extension of Comment Period to: Administrator of Veterans Affairs and/or Engineering Services (271 A), Veterans Administration, 810 AGENCY: Immigration and Naturaliza­ AGENCY: Small Business Administra­ Vermont Avenue NW., Washington, D.C. tion Service, Justice. tion. 20420. Comments will be available for ACTION: Proposed rule, extension of pe­ inspection at the address shown above SUBJECT: Withdrawal of proposed during normal business hours until Feb­ riod for public comments. rule. SUMMARY: This notice responds to a ruary 6,1978. SUMMARY: On September 13,1977, this FOR FURTHER INFORMATION CON­ request by a Service district director and Agency published in the F ederal R egis­ extends the period for receiving public ter (42 FR 45934) a proposal to elimi­ TACT: comments on the Service’s proposal to nate the separate size standards for T. H. Spindle, 202r-389-3005. amend its regulations to authorize immi­ Architectural and Engineering Services gration judges to reinstate nonimmi­ and to adopt a single $3.5 million stand­ SUPPLEMENTARY INFORMATION: grant alien students in lawful status. Prior to the enactment of the Veterans ard for application to contracts for ei­ Disability Compensation and Survivor DATE: Comments must be received on or ther or both. That proposal received Benefits Act of 1977, Pub. L. 95-117 (91 before: January 27, 1978. numerous comments, the majority of which were adverse to any size standard Stat. 1063) , the specially adapted hous­ ADDRESS: Please address comments to: change in those industries. In view of ing allowance authorized by 38 U.S.C. Commisioner of Immigration and Natu­ such comment, we have decided to with­ 801 was payable to a veteran based on ralization, 425 Eye Street, NW., Room draw the proposal of September 13, 1977. one of the following service-connected 7100, Washington, D.C. 20536. disabilities: FOR FURTHER INFORMATION CON­ DATE EFFECTIVE: December 27, 1977. 1. The loss, or loss of use, of both TACT: FOR FURTHER INFORMATION CON­ lower. extremities, such as to preclude TACT: locomotion without the aid of braces, James G. Hoofnagle, Jr., Instructions John Whitmore, 202-653-6373. crutches, canes, or a wheelchair, or Officer, Immigration and Naturaliza­ 2. Blindness in both eyes having tion Service, 425 Eye Street NW., Dated: December 17,1977. only light perception, plus the anatomi­ Washington, D.C. 20536, telephone A. Vernon W eaver, cal loss or loss of use of one lower ex­ 202-376-8373. Administrator. tremity, or SUPPLEMENTARY INFORMATION: 3. The loss, or loss of use, of one lower [FR Doc.77-36782 Filed 12-23-77:8:45 am] extremity together with residuals of or­ The notice of proposed rule making in ganic disease dr injury which so affect this matter was published in the F ederal [ 8320-01 ] the functions of balance or propulsion R egister on October 28, 1977 at 42 FR as to preclude locomotion without resort 56753. The closing date for public com­ VETERANS ADMINISTRATION to a wheelchair. ment was November 28, 1977. One of the [ 38 CFR Part 3 ] Pub. L. 95-117 amended the third set Service’s district directors requested an VETERANS BENEFITS of qualifying disabilities above as fol­ extension of time for submission of pub­ lows: Disability Compensation; Specially 3. The loss, or loss of use, of one lower lic comments and that request will be Adapted Housing extremity together with either residuals granted. AGENCY: Veterans Administration. of organic disease or injury or loss, or In order to afford interested persons loss of use, of one upper extremity which additional time to submit comments, the ACTION: Proposed rulemaking. so affect the functions of balance or pro­ comment period is hereby extended to SUMMARY: The Veterans Administra­ pulsion as to preclude locomotion with­ January 27, 1978. All relevant comments tion is amending its regulations govern­ out the aid of braces, crutches, canes or received on or before that date will be ing payment of disability compensation a wheelchair. and entitlement to specially adapted The effect of this new law is, there­ considered. Oral representations may housing. The Veterans Disability Com­ fore, to permit payment of the specially not be presented in any manner and will pensation and Survivor Benefits Act of adapted housing allowance based on the ^not be considered. 1977 increased disability compensation loss, or loss of use, of one lower extremity Dated: December 21, 1977. rates and authorized payment of the together with the loss, or loss of use, specially adapted housing grant based on of one upper extremity. In addition, the Leonel J. Castillo, loss or loss of use of one lower extremity grant is payable for either of the dis­ Commissioner pf Immi­ together with one upper extremity which ability combinations in the third set of gration and Naturalization. so affect propulsion as to preclude loco­ qualifying conditions if locomotion is [FR Doc.77-36799 Filed 12-23-77:8:45 am] motion without the aid of braces, precluded without the aid of braces,

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 PROPOSED RULES 64641

crutches, canes, or a wheelchair rather or an intermediate rate under (p) 2. In § 3.460, the introductory portion than only without resort to a wheelchair. such additional allowance is payable for preceding paragraph (a) is revised to The amendment of 38 CFR 3.809 imple­ each such anatomical loss or loss of use read as follows : ments this change. existing in addition to the requirements Amendments in 38 CFR 3.350 and for the basic rates, provided the total § 3.460 Death pension. 3.552 reflect new compensation rates au­ does not exceed $1,312 per month. ’Die Death pension will be apportioned if thorized by Pub. L. 95-117. The now limitations on the maximum compen­ the child or children of the deceased obsolete monetary citation in 38 CFR sation payable under this paragraph arte veteran are not in the custody of the 3.461 is being deleted and language sub­ independent of and do not preclude pay­ surviving spouse. Where the surviving stituted to the effect that the share for ment of additional compensation for de­ spouse’s rate is in excess of $70 monthly the children will be at rates approved pendents under 3"8 U.S.C. 315, or the because of having been the wife or hus­ by the Chief Benefits Director. special allowance for aid and attend­ band of the veteran during service or ance provided by 38 U.S.C. 314(r). Additional Comment I nformation because of need for regular aid and at­ * * * * * tendance, the additional amount will be Interested persons are invited tq sub­ (f) Intermediate or next higher rate;added to the surviving spouse’s share. mit written comments, suggestions, or 38 U.S.C. 314(p).—(1) Extremities, (i) Hi Hi Hi * * objections regarding the proposal to the Anatomical loss or loss of use of one Administrator of Veterans Affairs 3. Section 3.461 is revised to read as extremity with the anatomical loss or follows : (271A), 810 Vermont Avenue, NW., loss of use of another extremity at a Washington, D.C. 20420. All written level or with complications preventing § 3.461 Dependency and indemnity comments received will be available for natural elbow or knee action with pros­ compensation. public inspection at the above address thesis in place will entitle to the rate in­ (a) Conditions under which apportion­ only between the hours Of 8 am and termediate between 38 U.S.C. 314 (1) ment may be * made. The surviving 4:30 pm Monday through Friday (ex­ and (m). The monthly rate is $985. cept holidays), until February 6, 1978. spouse’s award of dependency and in­ Any person visiting Central Office for the * * * * * demnity compensation will be appor­ purpose of inspecting any such com­ (iii) Anatomical loss or loss of use oftioned where there is a child or children ments will be received by the Central extremity at a level preventing natural under 18 years of age and not in the Office Veterans Services Unit in room elbow or knee action with prosthesis in custody of the surviving spouse. The 132. Such visitors to any VA field station place with anatomical loss of another surviving spouse’s award of dependency will be informed that the records are extremity so near the shoulder or hip as and indemnity compensation will not be available for inspection only jn Central to prevent the use of a prosthetic appli­ apportioned under this condition for a Office and furnished the address and the ance will entitle to the rate intermediate child over the age of 18 years. above room number. between 38 U.S.C. 314 (m) and (n). The (b) Rates payable. (1) The share for monthly rate is $1,102. each of the children under 18 years of Note.—The Veterans Administration has age, including those in the surviving determined that this document does not (2) Eyes, bilateral, and blindness in contain a major proposal requiring prepara­ connection with deafness, (i) Blindness spouse’s custody as well as those who tion of an Economic Impact Statement of one eye with 5/200 visual acuity or are not in such custody, will be at rates under Executive Order 11821 as amended by less and blindness of the other eye approved by the Chief Benefits Director Executive Order 11949 and OMB Circular having only light perception will entitle except when the facts and circumstances A-107. to the rate -intermediate between 38 in a case warrant special apportionment Approved: December 20, 1977. U.S.C. 314 (1) and (m). The monthly under § 3.451. The share for the surviv­ rate is $985. ing spouse will be the difference between

By the direction of the Administrator. * * * Hi Hi the children’s share and the total R ufus H. W ilson, (iii) Blindness of one eye having only amount payable. In the application of Deputy Administrator. light perception and anatomical loss, or- this rule, however, the surviving spouse’s share will not be reduced to an amount 1. In § 3.350, paragraphs (a) (intro­blindness having no light perception ac­ companied by phthisis bulbi, evisceration less than 50 percent of that to which ductory portion preceding subparagraph the surviving spouse would otherwise be (D), (f) (1) (i) and (iii) and (2) (i) or other obvious deformity or disfigure­ ment of the eye, will entitle to a rate entitled. and (iii) and (h) are revised to read as (2) The additional amount of aid and follows: intermediate between 38 U.S.C. 314 (m) and (n). The monthly rate is $1,102. attendance, where applicable, will be § 3.350 Special monthly compensation * * * * * added to the surviving spouse’s share ratings. and not otherwise included in the com­ (h) Special aid and attendance benefit The rates of special monthly compen­ putation. in maximum monthly compensation (3) Where the surviving spouse has sation stated in this section are those cases; 38 U.S.C. 314(r). A veteran re­ provided under 38 U.S.C. 314. elected to receive dependency and in­ ceiving the maximum rate ($1,312) of demnity compensation instead of death (a) Ratings under 38 U.S.C. 314(k). special monthly compensation under any Special monthly compensation under 38 compensation, the share of dependency U.S.C. 314(k) is payable for each ana­ provision or combination of provisions and indemnity compensation for a child tomical loss or loss of use of one hand, in 38 U.S.C. 314 who is in need of regular or children under 18 years of age will one foot, both buttocks, one or more aid and attendance is entitled to an be whichever is the greater: creative organs, blindness of one eye additional allowance during periods he (i) The apportioned share computed having only light perception, deafness of or she is not hospitalized at United under paragraph (b) (1) of this section; States Government expense. (See § 3.552 both ears, having absence of air and bone (b) (2) as to continuance following ad­ or conduction, or complete organic aphonia (ii) The share which would have been with constant inability to communicate mission for hospitalization.) The rate is $563. Determination of this need is sub­ payable as death compensation but not by speech. This special compensation is in excess of the total dependency and in­ payable in addition to the basic rate of ject to the criteria of § 3.352. This ad­ demnity compensation. compensation otherwise payable on the ditional allowance is payable whether or 4. In § 3.552, paragraph (g) is revised basis of degree of disability, provided not the need for regular aid and at­ to read as follows : that the combined rate of compensation does not exceed $937 monthly when au­ tendance was a partial basis for Entitle­ § 3.552 Adjustment of allowance for thorized in conjunction with any of the ment to the maximum $1,312 rate, or regular aid and attendance. provisions of 38 U.S.C. 314 (a) through was based on an independent factual * * * * * (j) or (s). When there is entitlement determination. (g) Where a veteran entitled to one of under 38 U.S.C. 314 (1) through (n) * * * * * the rates under 38 U.SÎC. 314 (1), (m), or

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64642 PROPOSED RULES in) by reason of anatomical losses or included as a revision ol the State Im­ cies. All comments should be addressed losses of use of extremities, blindness plementation Plan (SIP). The proposed to: - (visual acuity 5/200 or less or light per­ revision consists of an ordinance Mr. Howard R. Heim, Chief, Air Programs ception only), or anatomical loss of both amending Title 3 of the Philadelphia Branch (3AH10), Air and Hazardous Mate­ eyes is being paid compensation of $1,312 Code relating to Air Management by re­ rials Division, D.S. Environmental Protec­ because of entitlement to another rate vising certain references to the control, tion Agency, 6th and Walnut Streets, Phil­ under section 314(1) on account of need regulation and elimination of air pollu­ adelphia, Pa. 19106, Attention: AH014PA for aid and attendance the compensation tion and the providing of penalties for ( Authority : 42 U.S.G. 7401.) violations. will be reduced while hospitalized to the A. R. Morris, following: DATE: Comments must be received on Acting Regional Administrator. (1) If entitlement is under section 314 or before January 26,1978. (l) and hi addition there is need for D ecember 8, 1977. regular aid and attendance for another ADDRESSES: Copies of the proposed [FR Doc. 77-36723 Piled 12-23-77;8:45 am] disability, the award during hospitaliza­ revision and accompanying support ma­ tion will be $1,032 since the disability re­ terial are available for public inspec­ quiring aid and attendance is 100 per­ tion during normal business hours at [4 1 1 0 -8 7 ] cent disabling. (38 U.S.C. 314(p).) the following locations: DEPARTMENT OF HEALTH, (2) If entitlement is under section 314 U.S. Environmental Protection Agency, EDUCATION, AND WELFARE (m ) , $1,172. Region III, Curtis Building, Tenth (3) If entitlement is under section 314 Floor, 6th and Walnut Streets, Philadel­ Public Health Service (n) , $1,312 would be continued, since the phia, Pa. 19106, Attention: Mr. C. C. [42CFR Part 3 7 } disability previously causing the need Miesse. for regular aid and attendance would Pennsylvania Bureau of Air Pollution CHEST ROENTGENOGRAPHIC EXAMINA­ then be totally disabling entitling the and Noise Control, Fulton Building, TIONS OF UNDERGROUND COAL MINERS veteran to the maximum rate under 38 18th Floor, 200 North Third St., Harris­ Proposed Revisions U.S.C. 314(p). burg, Pa. 17120, Attention: Mr. Gary AGENCY: National Institute for Occu­ * * * * * Triplett, pational Safety and Health, Center for 5. In § 3.809, paragraph (b) (3) is re­Public Information Reference Unit, Disease Control, HEW. vised to read as follows: United States Environmental Protection Agency, 401 M Street SW., Washington, ACTION : Proposed rides. § 3.809 Specially adapted housing. D.C. 20460. SUMMARY: These rules propose to re­ * * * * * FOR FURTHER INFORMATION CON­ vise and update the eurrent specifications tb) Disability. The disability must have TACT: for giving, reading, and submitting chest been incurred or aggravated as the result roentgenograms (X-rays) required to be of service as indicated in paragraph (a) Mr. C. C. Miesse (3AH12), 'Environ­ given to coal miners by section 203 of of this section and the veteran must be mental Protection Agency, Region III, the Federal Coal Mine Health and Safety entitled to compensation for permanent Curtis Building, Sixth and Walnut Act of 1969 (30 U.S.C. 843). The revisions and total disability due to: Streets, Philadelphia, Pa. 19106, phone also provide for scheduling future roent- * * 4» * * 215-597-8180. genographic examinations. (3) The loss or loss of use of one lowerSUPPLEMENTARY INFORMATION: DATES: Comments must be received on extremity together with either residuals On August 11, 1976, the Commonwealth or before January 26, 1978. of organic disease or injury or the loss of of Pennsylvania submitted an ordinance ADDRESSES: Comments and inquiries use of one upper extremity which so af­ amending Title 3 of the Philadelphia may be submitted to: Ms. Mary L. fect the functions of balance or propul­ Code relating to air management by re­ Hough, Regulations Assistant, National sion as to preclude locomotion without vising certain references to the control, Institute for Occupational Safety and the aid of braces, crutches, canes, or a regulation, and elimination of air pollu­ Health, Center for Disease Control, 5600 wheelchair. tion and the providing of penalties for violation. The amendment was prepared Fishers Lane, Rockville, MD 20857. Com­ * * * * 4« in response to a 1971 decision by Com­ ments will be available for public inspec­ |FR Doc.77-36784 Filed 12-23-77:8:45 am] monwealth Court in the case of City of tion at this address during regular busi­ Philadelphia v. Franklin Smelting & Re­ ness hours. [6 5 60 -0 1 ] fining Company, and is designed to re­ FOR FURTHER INFORMATION CON­ store enforcement flexibility to Air Man­ TACT: ENVIRONMENTAL PROTECTION agement Services. AGENCY Ms. Mary Hough 301-443-6268, Mr. Since it was recently discovered that Harlan Amandus, Chief, Examination [ 4 0 CFR Part 52 ] the original Public Hearing by the City Processing Branch, NIOSH, 304-599- of Philadelphia was preceded by only a [FRL 834-5] seven day notice, questions were raised 7301 or FTS 923-7301. PENNSYLVANIA STATE IMPLEMENTATION concerning the thirty day requirement. SUPPLEMENTARY INFORMATION: PLAN Hence the Regional Administrator is in­ Section 203 of the Federal Coal Mine viting comments on the desirability of Health and Safety Act directs that coal Proposed Revision conducting an additional public hearing mine operators provide chest roentgeno­ AGENCY: Environmental Protection at this "late date.” The Environmental grams to coal miners in accordance with Agency. Protection Agency will consider any such specifications prescribed by the Secretary ACTION: Proposed amendment to the requests which are recived within thirty of Health, Education, and Welfare. The Philadelphia Code relating to Air Man­ days of this notice. If no adverse com­ authority to administer this section of agement. ments are received concerning this legal the Act has been delegated to the Na­ deficiency, it is the Regional Adminis­ tional Institute for Occupational Safety SUMMARY: On August 11, 1976, the and Health (NIOSH). The chest roent­ Commonwealth of Pennsylvania sub­ trator’s intent to approve the proposed genograph ic examination program is mitted amendments to the City of Phil­ revision as a procedural matter, since he conducted by the Institute’s Division of adelphia’s Air Management Code to be is not aware of any substantive deficien- Respiratory Disease Studies (DRDS),

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 PROPOSED RULES 64643 formerly the Appalachian Laboratory for under what conditions, if any, transfer ous Coal Operators’ Association, Inc. v. Occupational Respiratory Diseases (AL­ rights may be withdrawn will be similarly Secretary of the Interior^ 547 F.2d 240 FORD) , in Morgantown, W.Va. Although treated. (4th Cir. 1977). Thus, those contractors DRDS has programmatic responsibility, The BCOA and others objected that who construct a coal mine are included the name and address of the Institute’s § 37.3(c) does not require the coal oper­ in the definition of a coal mine operator, facility in Morgantown—the Appalach­ ator to be notified when a miner is to be and certain employees of such contrac­ ian Laboratory for Occupational Safety given a third mandatory examination. tors are included in the definition of a and Health (ALOSH)—will be used The BCOA argued that a miner may coal miner. throughout this text to refer to the facil­ avoid this examination by withholding A new paragraph (d) was added to ity where the program is administered. consent for the operator to be notified. § 37.6 to provide that any coal mine Section 203 of the Act specifically di­ The Institute contends that it would be operator who is selected to participate in rects that every operator of a coal mine an unwarranted invasion of privacy to the National Study of Coal Workers’ shall provide to each of its miners who notify the operator that a miner is to Pneumoconiosis (an epidemiological begins work in a coal mine for the first be given a third mandatory examination study of working underground coal time after December 30, 1969, an initial since a third examination is only given miners conducted by NIOSH) shall have roentgenographic examination as soon if the roentgenogram made during the its miners afforded the opportunity for a as possible after employment and a second examination showed evidence of chest roentgenogram. The examination second examination 3 years later if the pneumoconiosis. Notifying the operator shall be given at no cost to the operator miner is still engaged in coal mining. If of the third examination would, in ef­ and shall satisfy the requirements of this the second roentgenogram shows evi­ fect, constitute disclosure of medical in­ subpart. dence of pneumoconiosis and the miner formation about the miner. ALOSH will, A new § 37.8 has been added to permit is still engaged in coal mining, the miner however, attempt to obtain written con­ any miner to obtain an examination at shall receive a third examination 2 years sent from the miner to notify the oper­ the miner’s own expense at an approved after the second examination. These are ator of the miner’s third mandatory facility if the miner wishes to do so. referred to in this proposed revision as examination. Among the revisions to § 37.41, the “mandatory” examinations. To avoid having all miners examined specifications propose that: (1) each The act also directs that the operator within a short time period, § 37.3(a) pro­ chest roentgenogram shall be made on a shall provide to each of its miners who poses to establish a schedule on a mine- single 14- by 17-inch film, (2) all sub­ were employed in coal mining before en­ by-mine basis for future periods of standard films shall be submitted to actment of the act the opportunity for voluntary examinations. This schedule ALOSH for disposal, (3) miners known an initial examination by June 30,1971, a wculd not apply to mandatory examina­ to be pregnant will not be examined un­ second examination within 3 years there­ tions whieh the operator must provide less the miner specifically requests an after, and subsequent examinations at in accordance with the act and this sub­ examination, and (4) miners will be pro­ such intervals prescribed by the Secre­ part. vided by the roentgenographic facility tary, but not to exceed 5 years. These are Several changes have been proposed with gonadal shielding and a gown. referred to in this proposed revision as to the requirements for the coal mine Roentgeographic facilities given ap­ “voluntary” examinations and shall also operator’s plan ( § 37.4). The plan will proval prior to the effective date of these be offered to any miner who has com­ include among other things the begin­ regulations are not required to be re­ pleted his or her mandatory examina­ ning and ending dates of the next period approved if they meet the conditions spe­ tions. .; " of voluntary examinations and must be cified in § 37.42. Approval may be with­ A first draft of these proposed revi­ resubmitted for approval by ALOSH be­ drawn if the facility fails to submit the sions was made available to the public fore each subsequent period. Additional high quality roentgenograms or the com­ on October 27, 1976 (41 FR 47091). Com­ information is required on the plan if the pleted documents required by this sub­ ments were received - from the United operator chooses a mobile facility to give part. Similarly, physicians who were Mine Workers of America (UMA), its examinations. Past experience has certified as “A” Readers prior to the ef­ Bituminous Coal Operators’ Association indicated special problems where mobile fective date of these regulations need (BCOA), American College of Radiol­ facilities have been employed and the not be recertified (§ 37.51) . The UMWA ogy, American Thoracic Society, Ameri­ proposed requirements are intended to recommended that all “A” Readers be can College of Chest Physicians, Mining remedy these problems. In the event a recertified and tested for their ability to Enforcement and Safety Administration, mobile facility is used, at least one alter­ distinguish the large opacities (ILO- State of Tennessee Department of Pub­ nate nonmobile facility must be included U/C Classification). The Institute lic Health, National Heart Lung and in the plan for the re-examination and acknowledges the important and vital Blood Institute, Bureau of Radiological mandatory examination of miners or the role of the “A” Reader who provides the Health, and other interested parties. The operator must give assurance that the first interpretation and transmits sig­ initial draft contained two proposals mobile facility will return for these nificant findings to the miner’s desig­ concerning transfer rights. Section 203 examinations. Also, where a mobile nated physician. The Institute contends,

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 PROPOSED RULES 64644 (e) “Institute” and “NIOSH” mean the double standard which will confuse 37.9 Roentgenographic examination at National Institute for Occupational attempts to compile a valid epidemiologi­ miner’s expense. Safety and Health Center for Disease cal history. In regard to the proposed 37.20 Miner Identification Document. Control, Public Health Service, Depart­ changes in reporting the category of Specifications for P erforming Chest ment of Health, Education, and Welfare. pneumoconiosis, similar comments were R oentgenographic Examinations (f) “ILO-U/C 1971 International received from international experts on 37.40 General provisions. Classification of Radiographs of Pneu­ coal workers’ pneumoconiosis in Scot­ 37.41 Chest roentgenogram specifications. moconioses” or “ILO-U/C Classification” land, South Wales, Australia, and West 37.42 Approval of roentgenographic facili­ means the classification of the pneumo­ Germany. The consensus was that the ties. conioses devised in 1971 by an interna­ ILO-U/C Classification is used interna­ 37.43 Protection against radiation emitted tional committee of the International tionally and that the new definition by roentgenographic equipment. Labour Office and described in “Medical which appeared in the first draft is not Specifications for I nterpretation, Classifi­ Radiography and Photography,” volume used in other countries offering similar cation, and Submission of Chest Roent­ 48, No. 3, December 1972. periodic examinations to their miners. genograms (g) “Miner” means any individual in­ Therefore, the Institute decided to in­ 37.50 Interpreting and classifying chest cluding any coal mine construction struct physicians to report the profusion roentgenograms. worker who is working in or at any on the small opacities in accordance with 37.51 Proficiency in the use of the ILO-U/C underground coal mine, but does not the ILO-U/C Classification as required Classification. include any surface worker who does not by the current specifications. 37.52 Method of obtaining definitive inter­ have direct contact with underground Section 37.60(a) was revised to provide pretations. coal mining or with coal processing 37.53 Notification of abnormal roentgeno­ that chest roentgenograms shall be for­ graphic findings. operations. warded to ALOSH for each miner within 37.60 Submitting required chest roentgeno­ (h) “Operator” means any owner, 10 calendar days after the examination grams, and miner identification lessee, or other person who directly or is given rather than 21 calendar days as document. by contract Operates, controls, or super­ specified in the current regulations. The vises an underground coal mine. Institute contends that 10 days is suffi­ Review and Availability of Records (i> “Panel of “B” Readers” means the cient time for a facility to make a chest 37.70 Review of interpretations. U.S. Public Health Service Consultant roentgenogram, have it interpreted by 37.80 Availability of records. Panel of “B” Readers, c/o ALOSH, Post an “A” Reader, and submit it to ALOSH. Authority: Sec. 203, 83 Stat. 763; 30 U.S.C. Office Box 4258, Morgantowfi, W. Va. Two new sections were added to the 843. 26505. specifications, § 37.70 and § 37.80. Section Subpart— Chest Roentgenographic (j) “Preemployment physical exami­ 37.70 provides a procedure for the miner Examinations nation” means any medical examination to request review of an interpretation which includes a chest roentgenographic which is reported and a similar proce­ § 37.1 Scope. examination given in accordance with dure for the operator to request review of The provisions of this subpart set forth the specifications of this subpart to a the finding that a miner is entitled to the specifications for giving, interpreting, person not previously employed by the transfer. Section 37.80 directs that classifying, and submitting chest roent­ same operator or at the same mine for ALOSH shall release information con­ genograms required by section 203'Of the which that person is being considered for cerning a miner only with the miner’s Act to be given to underground coal employment. written consent, and that any roentgeno­ miners and new miners. (k) “Secretary” means the Secretary grams in a miner’s file shall be available of Health, Education, and Welfare and for review only at ALOSH. § 37.2 Definitions. any other officer or employee of the De­ It is, therefore, proposed' to revise the Any term defined in the Federal Coal partment of Health, Education, and Wel­ subpart entitled “Chest Roentgeno- Mine Health and Safety Act of 1969 and fare to whom the ¡authority involved may graphic Examinations’’ in Part 37 of Title not defined below shall have the mean­ be delegated. 42, Code of Federal Regulations, as set ing given it in the Act. As used in this (l) “MESA” means the Mining En­ forth below. subpart: forcement ■ and Safety Administration, Department of the Interior. Note.—The Department of Health, Educa­ (a) “Act” means the Federal Coal tion. and Welfare has determined that this Mine Health and Safety Act of 1969 <30 §’37.3 Chest roentgenograms required document does not contain a major proposal U.S.C. 801, et seq.). for miners. requiring preparation of an economic impact (b) “ALOSH” means the Appalach­ statement untier Executive Order 11821, as ian Laboratory for Occupational Safety (a) Voluntary examinations. Every amended by Executive Order 11949, and OMB and Health, Box 4258, Morgantown, operator shall provide to each miner Circular A-107. W. Va. 26505. who is employed in or at any of its un­ Dated: September 21, 1977 (c) “Chest roentgenogram” means a derground coal mines and who was em­ single posteroanterior roentgenographic ployed in underground coal mining prior Julius B. R ichmond, projection or radiograph of the chest at to December 30, 1969, or who has com­ Assistant Secretary for Health. full inspiration recorded on roentgen­ pleted the required examinations under Approved: December 15, 1977. ographic film. § 37.3(b) an opportunity for a chest (d) “Convenient time and place” with roentgenogram in accordance with this J oseph A. Califano, Jr., respect to the conduct of any examina­ subpart: Secretary. tion under this subpart means the (1) Following (Insert the effective Subpart— Chest Roentgenographic Examinations date of these regulations) ALOSH will locality in which the miner resides or notify the operator of each underground Sec. a location that is equivalent with respect coal mine of a period within which the 37.1 Scope. to convenience of time and place. For ex­ operator may provide examinations to 37.2 Definitions. ample, examinations at the mine during, 37.3 Chest roentgenograms required for each miner employed at its coal mine. miners. immediately preceding, or immediately The period shall begin no sooner than 37.4 Plans for chest roentgenographic following work and a “no appointment” the effective date of these regulations examinations. examination at a medical facility in a and end no later than a date specified 37.5 Approval of plans. community easily accessible to the res­ by ALOSH separately for each coal mine 37.6 Chest roentgenographic examinations idences of a majority of the miners The termination date of the period will be conducted by the Secretary. working at the mine, shall be considered approximately 5 years from the date of 37.7 Transfer of affected miner to less of equivalent convenience for purposes the first examination which was made dusty area. of this paragraph. on a miner employed by the operator in

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 PROPOSED RULES 64645 its coal mine under the former regula­ 6 months prior to the date which the has a MESA Identification number. The tions of this subpart adopted July 27, miner started to work will be considered plan shall include: 1973. Within the period specified by as fulfilling these requirements; and (1) The name, address, and telephone ALOSH for each mine, the operator may Provided further, That an initial chest number of the operator (s) submitting select a 6-month period within which to roentgenogram given to a miner accord­ the plan; provide examinations in accordance with ing to these or former regulations for (2) The name, MESA identification a plan approved under § 37.5. this subpart made prior to (Insert the number for respirable dust measure­ Example: ALOSH finds that between July effective date of these regulations) will ments, and address of the mine included 27, 1973, and March 31, 1975, the first roent­ be considered as fulfilling this require­ in the plan; genogram for a miner who was employed at ment. (3) The proposed beginning and end­ Mine Y and who was employed in under­ (2) A second chest roentgenogram, in ing date of the 6-month period for vol­ ground coal mining prior to Deoember 30, accordance with this subpart, 3 years 1969, was made on January 1, 1974. ALOSH untary examinations (see § 37.3(a)) and will notify the operator of Mine Y that the following the initial examination if the the estimated number of miners to' be operator may select and designate on its plan miner is still engaged in underground given or offered examinations during the a 6-month period within which to offer its coal mining: Provided, That a second 6-month period under the plan; examinations to its miners employed at Mine roentgenogram given to a miner accord­ (4) The name of the facility or facili­ Y. The 6-month period shall be scheduled ing to these or former regulations for between (Insert the effective date of these ties and location, and the approximate this subpart prior to (Insert the effective date(s) and time(s) of day during which regulations) and January 1, 1979 ( 5 years date of these regulations) will be con­ after January 1, 1974). the roentgenograms will be given to min­ sidered as fulfilling this requirement. ers, in sufficient detail to enable a deter­ (2) For all future voluntary examina­ (3) A third chest roentgenogram 2 mination of whether the examinations tions* ALOSH will notify the operator of years following the second chest roent­ will be conducted at a convenient time each underground coal mine when suffi­ genogram if the miner is still engaged and place; cient time has elapsed since the end of in underground coal mining and if the (5) If a mobile facility is proposed, the previous 6-month period of examina­ second roentgenogram shows evidence each miner" shall have adequate notice tions. ALOSH will specify to the operator of category 1, category 2, category 3 of the opportunity to have the examina­ of each mine a period within which the simple pneumoconiosis, or complicated tion and no miner shall have to wait operator may provide examinations to its pneumoconiosis (ILO-U/C Classifica­ for an examination more than 1 hour miners employed at its coal mine. The tion). • , before or after his or her work shift. If period shall begin no sooner than 3 % (c) ALOSH will notify the miner when a mobile facility is proposed, the plan years and end no later than 4V2 years he or she is due to receive the second shall include: subsequent to the ending date of the pre-. or third mandatory examination under (i) The number of change houses at vious 6-month period specified for a coal (b) of this section. Similarly, ALOSH mine either by the operator on an ap­ the mine. will notify the coal mine operator when (ii) One or more alternate nonmobile proved plan or by ALOSH if the operator the miner is to be given a seeond exami­ did not submit an approved plan. Within approved facilities for the reexamination nation. The operator will be notified of miners and for the mandatory ex­ the period specified by ALOSH for each concerning a miner’s third examination mine, the operator may select a 6-month amination of miners when necessary only with the miner’s written consent. (see S 37.3(b)), or an assurance that period within which to provide examina­ (d) The chest roentgenograms made tions in accordance with a plan approved the mobile facility will return to the under § 37.5. available by an operator for purposes of location (s) specified in the plan as fre­ this subpart shall be provided in accord­ quently as necessary to provide for ex­ Example: ALOSH finds that examinations ance with a plan which has been sub­ were previously provided to miners employed aminations in accordance with these mitted and approved in accordance with regulations. at Mine Y in a 6-month period from July 1, this subpart. 1979, to December 31, 1979. ALOSH notifies (iii) The name and location of each the operator at least 3 months before July 1, (e) Any examinations conducted by change house at which examinations 1983 ( 3% years after December 31, 1979) that the Secretary in the National Study of will be given. For mines with more than the operator may select and designate on its Coal Workers’ Pneumoconiosis after plan the next 6-month period within which one change house, the examinations January 1,1977, but before (Insert effec­ shall be given at each change house or to offer examinations to its miners employed tive date of these regulations) shall sat­ at Mine Y. The 6-month period shall be at a change house located at a con­ scheduled between July 1, 1983, and July 1, isfy the requirements of this section (see venient placo for each miner. § 37.6(d)). 1984 (between 3y 2 and 4y2 years after De­ (6) The name and address of the “A” cember 31, 1979). § 37.4 Plans for chest roentgenographic or “B” Reader who will interpret and (3) Within either the next or future^ examinations. classify the chest roentgenograms. period(s) specified by ALOSH to the op­ (a) Every plan for chest roentgeno­ (7) Assurances that (i) the operator erator for each of its coal mines, the graphic examinations of miners shall be will not solicit a physician’s roentgeno- operator of the coal mine may select a submitted on forms prescribed by the grphic or other findings concerning any different 6-month period for each of its Secretary to ALOSH within 120 calen­ miner employed by the operator, (ii) in­ mines within which to offer examina­ dar days after (insert the effective date structions have been given to the per­ tions. In the event the operator does not of these regulations). In the case of a sons) giving the examinations that du­ submit an approved plan, ALOSH will person who after that date becomes an plicate roentgenograms or copies of specify a 6-month period to the operator operator of a mine for whieh no plan roentgenograms will not be made and within which miners shall have the op­ has been approved, that person shall that (except as may be necessary fdr the portunity for examinations. submit a plan within 60 days after such purpose of this subpart) the physician’s

FEDERAL REGISTER, VOL. 47, NO. 248— TUESDAY, DECEMBER 77, 1977 64646 PROPOSED RULES the Secretary. to a position in the mine where the con­ dressing area and for those miners who (a) The Secretary will give chest ro­ centration of respirable dust is the low­ wish to use one, the facility shall pro­ entgenograms or make arrangements est attainable below 2.0 mg/m:i of air. vide a clean gown. Facilities shall be with an appropriate person, agency or (b) Any transfer under this section heated to a comfortable temperature. institution to give the chest roentgeno­ (c) Roentgenograms shall be made grams and with “A” or “B” Readers to shall be in accordance with the proce­ only with a diagnostic X-ray machine interpret the roentgenograms required dures specified in Part 90 of Title 30 having a rotating anode tube with a under this subpart in the locality where Code of Federal Regulations. maximum of a 2 mm. source (focal spot).

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 PROPOSED RULES 64647

(d) Except as provided in paragraph (j) Before the miner is advised that shall be marked to identify the facility (e) of this section, roentgenograms shall the examination is concluded, the roent­ where each roentgenogram was made, be made with units having generators genogram shall be processed and inspect­ the X-ray machine used, and the date which comply with the following: (1) ed and accepted for quality by the' phy­ each was made. The chest roentgeno­ The generators of existing roentgeno- sician, or if the physician is not avail­ grams will be returned and may be the graphic units acquired by the examining able, acceptance may be made by the same roentgenograms submitted pursu­ facility prior to July 27, 1973, shall have radiologic ^technologist. In a case of a ant to § 37.51. a minimum rating of 200 mA at 100 kVp.; substandard roentgenogram, another Note.—The plastic step-wedge object is (2) generators of units acquired subse­ shall be immediately made. All substand­ described in an article by £. Dale Trout and quent to that date shall have a minimum ard roentgenograms shall be clearly John P. Kelley appearing in “The American rating of 300 mA at 125 kVp. marked as rejected and promptly sent to Journal of Roentgenology, Radium Therapy ALOSH for disposal. and Nuclear Medicine,” Vol. 117, No. 4, April Note.—A generator with a rating of 150 1973. kVp. is recommended. (k) An electric power supply shall be used which complies with the voltage, (c) Each roentgenographic facility (e) Roentgenograms made with bat­ current, and regulation specified by the submitting chest roentgenograms for tery-powered mobile or portable equip­ manufacturer of the machine. approval under this section shall com­ ment shall be made with units having a (l) A densitométrie test object may be plete and include an X-ray facility docu­ minimum rating of 100 mA at 110 kVp. required on each roentgenogram for an ment describing each X-ray unit to be at 500 Hz, or of 200 mA at 110 kVp. at 60 objective evaluation of film quality at used to make chest roentgenograms un­ Hz. the discretion of ALOSH. der the Act. Among other things, the (f) Capacitor discharge, and field (m) Each roentgenogram made here­ form shall include: (1) The date of the emission units may be used: Provided, under shall be permanently and legibly last radiation safety inspection by an That the model of such units is approved marked with the name and address or appropriate licensing agency or, if no by ALOSH .for quality, performance, and ALOSH approval number of the facil­ such agency exists, by a qualified con­ safety. ALOSH will consider such units ity at which it is made, the social se­ sultant; (2) the deficiencies found; (3) a for approval when listed by a facility curity number of the miner, and the date statement that all the deficiencies have seeking approval under § 37.42 of this of the roentgenogram. No other identi­ been corrected; and (4) the date of ac­ subpart. fying markings shall be recorded on the quisition of the X-ray unit. To be ac­ (g) Roentgenograms shall be given roentgenogram. ceptable, the radiation safety inspection only with equipment having a beam- (n) Miners known to be pregnant shall shall have been made within 1 year pre­ limiting device which does not cause not be examined except when the exami­ ceding the date of application. large unexposed boundaries. The use of nation is specifically requested by the (d) Roentgenograms submitted with such a device shall be discernible from an pregnant miner. Miners shall be provided applications for approval under this sec­ examination of the roentgenogram. with appropriate shielding (see § 37.43). tion will be evaluated by the panel of (h> To insure high quality chest roent­ “B” Readers or by a qualified radiologi­ genograms ; § 37.42 Approval of roentgenographic cal pyhsicist or consultant. Applicants (1) The maximum exposure time shall facilities. will be advised of any reasons for denial not exceed 1/20 of a second except that (a) Approval of roentgenographic of approval. with single phase units with a rating facilities given prior to January 1, 1976, (e) ALOSH or its representatives may less than 300 mA at 125 kVp. and subjects shall terminate upon (Insert effective make a physical inspection of the ap­ with chests over 28 cm. posteroanterior, date of these regulations ) unless each of plicant’s facility and any approved roent­ the exposure may be increased to not the following conditions have been met: genographic facility at any reasonable more than 1/10 of a second. (1) The facility must verify that it time to determine if the requirements (2) The source or focal spot to film still meets the requirements set forth in of this subpart are being met. distance shall be at least 6 feet. the regulations for the second round of (f) ALOSH may require a facility pe­ (3) Only medium-speed film and me­ roentgenographic examinations (38 FR riodically to resubmit roentgenograms of dium speed intensifying screens shall be 20076) and it has not changed equipment a plastic step-wedge object, sample ro­ used; since it was approved by NIOSH. entgenograms, or a Roentgenographic (4) Film-screen contact shall be main­ (2) From July 27, 1973, to January 1, Facility Document for quality control tained and verified at 6 month or shorter 1976, the facility submitted to ALOSH at purposes. Approvals granted hereunder intervals; least 50 -roentgenograms which were in­ may be suspended or withdrawn by notice (5) Intensifying screens shall be in­ terpreted by one or more “B” Readers not in writing when in the opinion of ALOSH spected at least once a month and employed by the facility who found no the quality of roentgenograms or infor­ cleaned when necessary by the method more than 5 percent of all the roent­ mation submitted hereunder warrants recommended by the manufacturer; genograms unreadable. such action. A copy of a notice withdraw­ (8) All intensifying screens in a cas­ (b) Other facilities will be eligible to ing approval will be sent to each opera­ sette shall be of the same type and made participate hereunder when they demon­ tor who has listed the hospital, clinic, or by the same manufacturer; strate their ability to make high quality physician as its facility for giving chest (7) When using over 90 kV., a suitable diagnostic chest roentgenograms by sub­ roentgenograms and shall be displayed grid or other means of reducing scattered mitting to ALOSH six or more sample on the mine bulletin board adjacent to radiation shall be used. chest roentgenograms made and proc­ the operator’s approved plan. The ap­ (8) The geometry of the radiographic essed at the applicant facility and which proved plan will be reevaluated by system shall insure that the central axis are of acceptable quality to the Panel of ALOSH in light of this change. (ray) of the primary beam is perpendic­ “B” Readers. Applicants shall also sub­ § 37.43 Protection against radiation ular to the plane of the film surface and mit a roentgenogram of a plastic step- emitted by roentgenographic equip­ impinges on the center of the film. wedge object (available on loan from m ent.

FEDERAI REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64648 PROPOSED RULES

is used shall conform to the recommen­ onstrated by those physicians who desire gard to simple pneumoconiosis are both dations of the National Council on to be “A” Readers by either: in these same major category or are with­ Radiation Protection and Measurements (i) Submitting to ALOSH from the in one minor (ILO-U/C 12-point scale)' in NCRP Report No. 33 “Medical X-ray physician’s files six sample chest roent­ category of each other. The higher of the and Gamma-Ray Protection for Ener­ genograms which are considered properly two interpretations shall be reported. gies up to 10 MeV—Equipment Design classified by the Panel of “B” Readers. and Use” (issued February 1, 1968) and The six roentgenograms shall consist of § 37.53 Notification of abnormal roent- in NCRP Report No. 49, “Structural two without pneumoconiosis? two with genographic findings. Shielding Design and Evaluation for simple pneumoconiosis, and two with (a) Findings of, or findings suggesting, Medical Use of X-rays and Gamma Rays complicated pneumoconiosis. The films enlarged heart, tuberculosis, lung can­ of up to 10 MeV” (issued September 15, will be returned to the physician. The in­ cer, or any other significant abnormal 1976) which documents are hereby in­ terpretations shall be on the Roentgeno­ findings other than pneumoconiosis shall corporated by reference and made a part graphic Interpretation Form (Form be communicated by the first physician hereof. These documents are available CDC/NIOSH(M) 2.8 (These may be the to interpret and classify the roentgeno­ for examination at ALOSH, 944 Chestnut same roentgenograms submitted pursu­ gram to the designated physician of the Ridge Road, Morgantown, West Virginia ant to § 37.42), or; miner indicated on the Miner’s Identifi­ 26505 and at the National Institute for (ii) Completion, since June 15, 1970, cation Document. A copy of the com­ Occupational Safety and Health, 5600 of a course approved by ALOSH on the munication shall be submitted to ALOSH. Fishers Lane, Rockville, Md. Copies of ILO-U/C Classification system or the (b) In addition, when ALOSH has NSRP Reports Nos. 33 and 49 may be UICC/Cincinnati Classification system. more than one roentgenogram of a miner purchased for $3 and $3.50 each, respec­ As used in this subparagraph “UICC/ in its files and the most recent examina­ tively, from NCRP Publications, P.O. Box Cincinnati Classification” means the tion was interpreted to show enlarged 30175, Washington, D.C. 20014. classification of the pneumoconioses heart, tuberculosis, cancer, complicated devised in 1968 by a Working Commit­ pneumoconiosis, and any other signifi­ S pecifications for I nterpretation, tee of the International Union Against cant abnormal findings, ALOSH will sub­ Classification, and S ubmission of Cancer. mit all of the miner’s roentgenograms in C hest R oentgenograms (b) Final or “B” readers: its files with their respective interpreta­ § 37.50 Interpreting and classifying (1) Proficiency as a “B” Reader estab­ tions to a “B” Reader. The “B” Reader chest roentgenograms. lished prior to October 1, 1976, shall will report any significant changes or (a) Chest roentgenograms shall be in­ hereby be terminated. progression of disease or other comments terpreted and classified in accordance (2) Additional proficiency in evaluat­ to ALOSH and ALOSH shall submit a with the ILO-U/C Classification system ing chest roentgenograms for roentgeno­ copy of the report to the miner’s desig­ and recorded on a Roentgenographic In­ graphic quality and in the use of the nated physician. terpretation Form (Form CDC/NIOSH ILO-U/C Classification for interpreting (c) All final findings regarding pneu­ (M) 2.8). chest roentgenograms for pneumoconio­ moconiosis will be sent to the miner by (b) Roentgenograms shall be inter­ sis and other diseases shall be demon­ MESA in accordance with section 203 preted and classified only by a physician strated by those physicians who desire of the Act (see 30 CFR Part 90). Positive who regularly reads chest roentgeno­ to be “B” Readers by taking and passing findings with regard to pneumoconiosis a specially designed proficiency examina­ will be reported to the miner’s designated grams and who has demonstrated pro­ physician by ALOSH. ficiency in the use of the ILO-U/C tion given oh behalf of or by ALOSH at Classification system in accordance with a time and place specified by ALOSH. (d) ALOSH will make every reason­ Each physician must bring a complete able effort to process the findings de­ § 37.51. scribed in paragraph (c) of this section (c) All interpreters hereunder, when­ set of the ILO-U/C standard reference radiographs when taking the examina­ within 60 days of receipt of the infor­ ever interpreting chest roentgenograms mation described in § 37.60 in a complete made under the Act, shall have imme­ tion. Physicians who qualify under this provision need not be qualified under and acceptable form. The information diately available for reference a complete forwarded to MESA will be in a form in­ set of the ILO-U/C International Classi­ paragraph (a) of this section. (c) Physicians who wish to participate tended to facilitate prompt dispatch of fication of Radiographs for Pneumo­ the findings to the miner. The results of conioses, 1971. in the program shall make application on an Interpreting Physician Certifica­ an examination made of a miner will not Note : This set is available from the Inter­ be processed by ALOSH if the examina­ national Labour Office, Occupational Safety tion Document (Form CDC/NIOSH (ML 2.12). tion was made within 6 months of the and Health Branch, CH 1211, Geneva 22, date of a previous acceptable exam­ Switzerland. § 37.52 Method of obtaining definitive ination. interpretations. (d) In all view boxes used for making § 37.60 Submitting required chest roent­ interpretations hereunder: (a) All chest roentgenograms which genograms, and Miner Identification (1) Fluorescent lamps shall be simul­ are first interpreted by an “A” or “B” D ocum ents. taneously replaced with new lamps at 6- Reader will be submitted by ALOSH to a month intervals; “B” Reader qualified as described in (a) Each chest roentgenogram re­ (2) All the fluorescent lamps in a § 37.51. If there is agreement between quired to be made under this subpart, panel of boxes shall have identical man­ the two interpreters as defined in para­ together with the completed Roentgeno­ ufacturer’s ratings as to intensity and graph (b) of-this section the result shall graphic Interpretation form and the color; completed Miner Identification Docu­ be considered final and reported to MESA ment, shall be submitted together for (3) The glass, internal reflective sur­ for transmittal to the miner. When in each miner to ALOSH within 10 calendar faces, and the lamps shall be kept clean; the opinion of ALOSH substantial agree­ days after the roentgenographic exam­ (4) The unit shall be so situated as to ment is lacking, ALOSH shall obtain ad­ ination is given and become the property minimize front surface glare. ditional interpretations from a Panel of of ALOSH. § 37.51 Proficiency in the use of the “B” Readers. If interpretations are ob­ (b) If ALOSH deems any part sub­ ILO-U/C Classification. tained from two or more “B” Readers, mitted under paragraph (a) of this sec­ and if two or more are in agreement then tion inadequate, it will notify the oper­ (a) First or “A” readers: the highest major category shall be re­ (1) Proficiency as an “A” Reader shall ported. ator of the deficiency. The operator shall continue if established prior to (Insert promptly make appropriate arrange­ effective date of these regulations). (b) Two interpreters shall be consid­ ments for the necessary re-examination. ered to be in agreement when, they both (c) Failure to comply with paragraph (2) Proficiency in the use of the ILO- find either stage A, B, or C complicated (a) or (b) of this section shall be cause U/C Classification system shall be dem­ pneumoconiosis or their findings with re­ to revoke approval of a plan or any other

FEDERAL REGISTER, V O L 42, NO. 248— TUESDAY, DECEMBER 27, 1977 PROPOSED RULES 64649 approval as may be appropriate. An [ 6712-01 ] good cause has been shown in this in­ approval which has been revoked here­ stance, and that justification for an ex­ under may be reinstated at the discretion FEDERAL COMMUNICATIONS tension has been shown, so we are grant­ of ALOSH after it receives satisfactory COMMISSION ing the request. assurances and evidence that all de­ 4. Accordingly, it is ordered, That the ficiencies have been corrected and that [ 47 CFR Part 73 ] date for filing reply comments in Docket effective controls have been instituted to [Docket No. 21358; RM-2661] 21358 is extended to and including Jan­ prevent a recurrence. TELEVISION BROADCAST STATION ~ uary 6,1978. (d) Chest roentgenograms and other 5. This action is taken pursuant to required documents shall be submitted Table of Assignments; Ogden, Utah authority found in Sections 4(1)., 5(d) only for miners. Results of preemploy­ AGENCY : Federal Communications (1) and 303 (r) of the Communications ment physical examinations of persons Commission. Act of 1934, as amended, and § 0.281 of who are not hired shall not be submitted. the Commission’s Rules. (e) If a miner refuses to participate in ACTION: Order. all phases of the examination prescribed SUMMARY: Action taken herein ex­ F ederal Communications in this sub part, no report need be made. tends the time for filing reply comments Commission, If a miner refuses to participate in any in a proceeding concerning television Wallace E. J ohnson, phase of the examination prescribed in assignments in Ogden, Utah. Petitioner, Chief, Broadcast Bureau. this subpart, all the forms shall be sub­ Golden Spike Television Corporation, [FR Doc.77-36807 Filed 12-23-77;8:45 am] mitted with his or her name and social stated that the additional time is nec­ security account number on each. If any essary because of illness of the senior [ 4110-35 ] of the forms cannot be completed be­ counsel responsible for matters in this cause of the miner’s refusal, it shall be proceeding. DEPARTMENT OF HEALTH, marked “Miner Refuses,” and shall be EDUCATION, AND WELFARE submitted. No submission shall be made, DATE : Reply comments must be filed on however, without a completed miner or before January 6,1978. Public Health Service identification document containing the ADDRESS : Federal Communications [ 42 CFR Part 50 ] miner’s name, address, social security Commission, Washington, D.C. 20554. number and place of employment. [ 45 CFR Part 205 ] FOR FURTHER INFORMATION CON­ STERILIZATION Review and Availability of R ecords TACT: Regional Public Meetings § 37.70 Review of interpretations. Mildred B. Nesterak, Broadcast Bu­ (a) Any miner Who believes the inter­ reau, 202-632-7792. Cross R eference: For a document an­ pretation for pneumoconiosis reported nouncing regional public meetings to to him or her by MESA is in error may SUPPLEMENTAL INFORMATION: consider proposed rules on restrictions file a written request with ALOSH that In the matter of amendment of § 73.- applicable to sterilizations funded by the his or her roentgenogram be reevaluated. 606

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64650 PROPOSED RULES Region VIII (Denver) derstands the nature and consequences ADDRESSES: See supplementary infor­ of sterilization and voluntarily con­ mation for the address of each regional January 27, 1978, 9 a.m.-7 p.m. Federal sents to its performance. meeting. Office Building, room 2330, 1961 Stout Street, Denver, Colo. 5. The appropriateness of establish­ FOR FURTHER INFORMATION CON­ Contact: Dr. Hilary Conner, Regional ing 21 as the minimum age for Federally TACT: Health Administrator, Federal Office Build­ funded sterilizations. ing, 1961 Stout Street, Denver, Colo., 303-837- 6. The appropriateness of prohibiting See supplementary information for the 4461. Federal funding of sterilizations for any person to contact in each region. R egion IX (San F rancisco) person mentally incompetent under law SUPPLEMENTARY INFORMATION: February 8, 1978, 9 a.m.-7 p.m. San Fran­ or in fact without regard to their capac­ The schedule of regional meetings in­ ciscan Hotel, 1231 Market Street at 8th ity to give informed consent to the ster­ cluding the date, address and person to Crystal Room, San Francisco, Calif. ilization. contact is set forth below by region. Contact: Beau Carter, California State 7. The appropriateness of funding Coordinator, Office of Intergovernmental sterilizations of people who are mentally Region I (Boston) Affairs, United Nations Plaza, San Francisco, incompetent but who, nevertheless, have February 10, 1978, 10 a.m.—7 p.m., John F. Calif. 94102, 414-556-2650. the capacity to understand the nature Kennedy Federal Building, room 2003, Gov­ R egion X (Seattle) and consequences of sterlization and to ernment Center, Boston, Mass. Contact: Edward Montminy, Acting Re­ February 7, 1978, 9 a.m.-5 p.m. Federal consent voluntarily to its performance. gional Health Administrator, Office of Public Office Building, South Auditorium, 900 8. The effectiveness of procedures in Health Service, John F. Kennedy Federal Second Avenue, Seattle, Wash. the proposed rules designed to ensure Building, Government Center, Boston, Mass., February 9, 1978, 9 a.m.-5 p.m. State that mental incompetents are not ster­ 617-223-6827. Office Building, West Conference Room, State ilized without their informed consent. 9. The appropriateness of prohibiting R egion II (New York) « Street, Boise Idaho. February 9, 1978, 9 a.m.-5 p.m. Health & Federal funding of sterilization of men­ February 9, 1978, 12—8 p.m. DHEW, room Environmental Protection Dept., 825 L Street, tal incompetents incapable of giving in­ 305, 26 Federal Plaza, New York, N.Y. Anchorage, Alaska. formed consent to be sterilized. Contact: Rosemarie Wilkenson, Office of February 14, 1978, 9 a.m.-5 p.m. Public 10. The appropriateness of extending Public Health Services, Department of Service Building, Pacific Tower and Light special procedures to the sterilization of Health, Education, and Welfare, 26 Federal Co., 920 Southwest 6th Avenue, Portland, Plaza, New York, N.Y., 212-264-2546. institutionalized people. Oreg. 11. The extent to which the proposed Region III (P hiladelphia) Contact: Harvey Chester, Director, Office rules taken as a whole achieve the twin of Public Affairs, MS 624 Arcade Plaza Bldg., January 31, 1978, 9 a.m.-8 p.m. Holiday 1321 Second Avenue, Seattle, Wash. 98101, objectives of (1) permitting access to Inn. 36th and Chestnut Streets, Philadelphia, 206-399-0486. sterlizations and (2) controlling sterili­ Pa. zation abuse. Contact: Mike Mangano, Acting Director, These meetings are being held to 12. The appropriateness and effec­ Office of Service Delivery Assessment, 3535 solicit views and experiences of in­ tiveness of requiring that for all fed­ Market Street, Philadelphia, Pa. 19101, 215- dividuals and organizations with respect erally funded hysterectomies the pa­ 596-6507. to the issues contained in the notice of Region IV (Atlanta) tient must be informed that the hyster­ proposed rulemaking governing Fed­ ectomy will render her permanently in­ February 6, 1978, 9 a.m.-8 p.m. Atlanta erally funded sterilizations at 42 FR capable of reproducing. Civil Center, 395 Piedmont Avenue NE., At­ 62718 December 13, 1977. In addition the lanta, Ga. Department solicits any evidence, case Requests to present statements at the Contact: Chris L. Koehler, Office of the histories, research or studies relating to meeting should be made in writing to the Principal Regional Official, 50 Seventh Street above addresses and include the name, NE., Atlanta, Ga. 30323, 404-257-3211. sterilization abuse or hardship imposed by the unavailability of sterilizations. address and telephone number of .the Region V (Chicago) The major issues which the Department participant and organizations repre­ February 1, 1978, 9 2a.m.-7 p.m. Conti­ would like participants to address in­ sented, if any, as well as the issues upon nental Plaza Hotel, Buckingham Room, 909 clude : which the person wishes to be heard. North Michigan Avenue at Delaware, Chi­ 1. The appropriateness of defining Each participant will have an opportu­ cago, 111. nity to submit a written statement and Contact: Lee Feldman, Acting Regional sterilization in the proposed rules as Director, Office of Public Affairs, 300 South “any medical procedure or operation for other data for the record. In the event Wacker Drive, Chicago, 111. 60606, 312-353- the purpose of rendering an individual that time does not permit all interested 5164. permanently incapable of reproducing.” persons to make oral presentations, per­ R egion VI (Dallas) 2. The appropriateness of prohibiting sons will be selected to assure that all February 17, 1978, 8 a.m.-5 p.m. Quality Federal funding where hysterectomy is points of view are fairly represented. Inn Cibola, Explorers Room, 1601 East Divi­ used solely as a method of family plan­ The meetings will be conducted in an sion, Arlington, Tex. ning. In particular comments are informal manner and will be chaired by Contact: Dan Reed, Director, Office of solicited on whether there are circum­ the Regional Health Administrator. Service Delivery Assessment, 1200 Main stances where it is generally considered Tower, Dallas, Tex. 75202, 214-729-3310. that hysterectomy is the appropriate Dated: December 21,1977. Region VII (Kansas Cit y ) method of sterilization. Dr. J ulius R ichmond, February 2, 1978, 2 p.m.-8 p.m. Federal Of­ 3. The appropriateness of a 30 day Assistant Secretary for Health. fice Building, room 140, 601 East 12th Street, waiting period between giving consent Kansas City, Mo. and performing the sterilization. R obert D erzon, Contact: Dick Wall, Acting. Director, Office Administrator, Health Care of Public Affairs, Federal Office Building, 601 4. The effectiveness of the consent Financing Administration. East 12th Street, Kansas City, Mo. 816-738- procedures contained in the proposed 3436. rules for assuring that the patient un­ (FR Doc.77-36907 Filed 12-23-77:8:45 am]

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64651 n o tices

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.

[3410- 15] REA has reached satisfactory conclu­ Further meeting dates for 1978 are sions with respect to its environmental as follows: January 18, February 8, DEPARTMENT OF AGRICULTURE effects and after requirements set February 22, March 8, March 22, April forth in the National Environmental 5, April 19, May 3, May 17, June 7, Rural Electrification Administration Policy Act of 1969 have been met. June 2l, July 5, July 19, August 2, Dated at Washington, D.C., this August 16, September 6, September 20, DAIRYLAND POWER COOPERATIVE October 4, October 18, November 8, 19th day of December 1977. November 22, and December 13, 1978. Draft Environmental Impact Statement R ichard F. R ic h t e r , All meetings will begin at 9:30 a.m. Acting Administrator, Rural and will be held in the Commission of Notice is hereby given th at the Electrification Administration. Fine Arts offices at the above address. Rural Electrification Administration [FR Doc. 77-36769 Filed 12-23-77; 8:45 ami Inquiries regarding the agenda and has prepared a draft environmental requests to submit written or oral impact statement in accordance with statements should be addressed to section 102(2X0 of the National Envi­ [6330- 01] Charles H. Atherton, Secretary, Com­ ronmental Policy Act of 1969, in con­ mission of Fine Arts, at the above ad­ nection with the release of loan funds COMMISSION OF FINE ARTS dress. by the Rural Electrification Adminis­ MEETINGS The Board of Architectural Consul­ tration to Dairyland Power Cooperat­ tants for the Old Georgetown Act does ive of LaCrosse, Wis. This release will The Commission of Fine Arts will not operate under provisions of the make possible the financing of ap­ meet in open session on Thursday, Federal Advisory Committees Act, proximately 19 miles of 161 kV trans­ January 19, 1978, at 10 a.m., in the Pub. L. 92-463, October 6, 1972, 86 mission line from Genoa, Wis., to Lan­ Commission’s offices at 708 Jackson Stat. 770. sing, Iowa. Counties traversed include Place NW., Washington, D.C. 20006, to Vernon and Crawford in Wisconsin discuss various projects affecting the Dated in Washington, D.C., Decem­ and Allamakee in Iowa. appearance of Washington, D.C. * ber 20,1977. Additional information may be se­ Other meeting dates for 1978 are as Charles H . A th er to n , cured on request submitted to Mr. follows: February 28, March 28, April Secretary. Richard F. Richter, Assistant Adminis­ 25, May 23, June 27, July 25, August [FR Doc. 77-36791 Filed 12-23-77; 8:45 am] trator-Electric, Rural Electrification 22, September 26, October 24, Novem­ Administration, U.S. Department of ber 28, and December 19, 1978. All Agriculture, Washington, D.C. 20250. meetings will be open and will begin at [6712- 01] Comments are particularly invited 10 a.m. in the Commission’s offices at FEDERAL COMMUNICATIONS from State and local agencies which the above address. COMMISSION Inquiries regarding the agenda and are authorized to develop and enforce [RM-2712] environmental standards, and from requests to submit written or oral Federal agencies having jurisdiction statements should be addressed to BROADCAST LICENSEES by law or . special expertise with re­ Charles H. Atherton, Secretary, at the Airing of Public Service Announcements above address. spect to any environmental impact in­ AGENCY: Federal Communications volved from which comments have not Dated at Washington, D.C., Decem­ Commission. been requested specifically. ber 20, 1977. Copies of the REA draft environ­ ACTION: Order. C harles H. A t h er to n , mental impact statement are being Secretary. SUMMARY: Action taken herein ex­ sent to various Federal, State, and tends the time for filing replies to the local agencies, as outlined in the Coun­ [FR Doc. 77-36790 Filed 12-23-77; 8:45 am] opposition to the petition for reconsid­ cil on Environmental Quality guide­ eration concerning a Notice of Inquiry lines. The draft environmental impact [6330- 01] and Proposed Rule Making on the statement may be examined during Airing of Public Service Announce­ regular business hours at the offices of BOARD OF ARCHITECTURAL CONSULTANTS ments by Broadcast Licensees. Peti­ REA in the South Agriculture Build­ FOR THE OLD GEORGETOWN ACT tioner, Public Media Center, et al., ing, 12th Street and Independence Meetings states the additional time is needed be­ Avenue SW., Washington, D.C., or at cause of unexpected case responsibil­ the borrower's address indicated The Board of Architectural Consul­ ities and personnel changes in the above. tants for the Old Georgetown Act (Old office of its counsel. Comments concerning the environ­ Georgetown Board) of the Commis­ mental impact of the proposed con­ sion of Fine Arts will meet on Wednes­ DATE: Replies to opposition must be struction should be addressed to Mr. day, January 4, 1978, at 9:30 a.m., in filed on or before January 16, 1978. Richter at the address given above. the Commission of Fine Arts offices at ADDRESS: Federal Communications Comments must be received on or 708 Jackson Place NW., Washington, Comipission, Washington, D.C. 20554. before February 27, 1978, to be consid­ D.C. 20006, to discuss various projects FOR FURTHER INFORMATION ered in connection with the proposed affecting the appearance of the histor­ CONTACT: action. ic district of Georgetown, under provi­ Final REA action with respect to sions of the Old Georgetown Act, Pub. Mildred B. Nesterak, Broadcast this matter will be taken only after L. 808, D.C. Code 5-801, 64 Stat. 903. Bureau, 202-632-7792.

FEDERAL REGISTER, V O L 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64652 NOTICES

SUPPLEMENTARY INFORMATION: [6730- 01] AGREEMENT NO. 9239-7. Adopted: December 19,1977. FEDERAL MARITIME COMMISSION FILING PARTY: D. Connell, Secre­ tary, Turkey United States, Atlantic Released: December 20( 1977. NOTICE OF AGREEMENTS FILED Rate Agreement, c/o Peralta Shipping Corp., 25 Broadway, New York, NY In the matter of petition to institute The Federal Maritime Commission 10004. a notice of inquiry and proposed rule hereby gives notice th at the following making on the airing of public service agreements have been filed with the SUMMARY: Agreement No. 9239-7 Commission for approval pursuant to among the member lines of the above- announcements by broadcast licensees. section 15 of the Shipping Act, 1916, named agreement sets forth clarifica­ RM-2712. Order extending time for as amended (39 Stat. 733, 75 Stat. 763, tion for the procedures for setting filing replies to opposition to petition 46 U.S.C. 814). rates, and establishes requirements to for reconsideration. See 42 FR 60225. Interested parties may inspect and constitute a quorum. 1. On November 14, 1977, a petition obtain a copy of each of the agree­ AGREEMENT NO. 9522-33. for reconsideration1 was filed by ments and the justifications offered therefor at the Washington Office of FILING PARTY: Stanley O. Sher, Public Media Center, et al. “Public the Federal Maritime Commission, Esq., Billig, Sher & Jones, P.C., 2033 K Media,” concerning the above-cap­ 1100 L Street NW., room 10126; or may Street NW., Washington, D.C. 20006. tioned matter. A timely joint opposi­ inspect the agreements at the field of­ tion was filed by Cosmos Broadcasting fices located at New York, N.Y.; New SUMMARY: Agreement No. 9522-33, Corp., Cox Broadcasting Corp., Mid- Orleans, La.; San Francisco, Calif.; and among the member lines of the Med- America Television Co., Inc., Multime­ San Juan, P.R. Interested parties may Gulf Conference, amends and restates dia, Inc., Newhouse Broadcasting submit comments on each agreement, the basic agreement of the conference, Corp., State Telecasting Co., Inc., and including requests for hearing, to the for the purpose of clarifying and reor­ WCSC, Inc. The date for filing replies Secretary, Federal Maritime Commis­ ganizing the agreement in its entirety. to the opposition is presently Decem­ sion, Washington, D.C. 20573, on or Essentially, the purpose of the revi ber 20, 1977. before January 16, 1978. Comments sion is threefold: (1) to provide for should include facts and arguments overall uniformity in the terminology 2. On December 12, 1977, Public : concerning the approval, modification, and structure for the agreement; (2) to or disapproval of the proposed agree­ clearly delineate the scope and juris­ Media filed a request for an extension diction of the various sections of the of time to and including January 15, ment. Comments shall discuss with particularity allegations that the conference; and (3) to clarify the ad­ 1977, in which to file a reply to the agreement is unjustly discriminatory ministration of conference business above opposition. It states that the or unfair as between carriers, shippers, with regard to the procedures for counsel who was primarily responsible exporters, importers, or ports, or be­ voting, meetings, and self-policing. and familiar with the proceeding has tween exporters from the United AGREEMENT NO. 9522-34. recently resigned and the only other States and their foreign competitors, attorney familiar with this matter has or operates to the detriment of the FILING PARTY: Stanley O. Sher, been in Alaska on other business. commerce of the United States, or is Esq., Billig, Sher & Jones, P.C., 2033 K Counsel for the joint opposition has contrary to the public interest, or is in Street NW., Washington, D.C. 20006. no objection to the granting of the ex­ violation of the act. SUMMARY: Agreement No. 9522-34, tension of time. A copy of^any comments should also among the member lines of the Med- be forwarded to the party filing the 3. We are of the view that the public Gulf Conference, amends the above- agreements and the statement should named agreement to exclude the interest would be served by granting indicate that this has been done. the additional time so that Public Puerto Rican section of the agreement Media Center, et al., may file any in­ AGREEMENT NO. 93-16. from the operation of the independent formation which may be helpful to FILING PARTY: David C. Nolan, action provision of Agreement No. the Commission in resolving the issues Esq., Graham & James, One Maritime 9522-31 approved October 11, 1977. in this proceeding. Plaza, San Francisco, Calif. 94111. AGREEMENT NO.: T-1768-8. 4. Accordingly, it is ordered, That SUMMARY: Agreement No. 93-16, FILING PARTY: Mr. John E. Nolan, the date for filing replies to the oppo­ among the members of the North Assistant Port Attorney, Port of Oak­ sition to the petition for reconsider­ Europe U.S. Pacific Freight Confer­ land, P.O. Box 2064, 66 Jack London ation in RM-2712, is extended to and ence, amends the basic agreement to Square, Oakland, Calif. 94604. provide: including January 16,1978.® SUMMARY: Agreement No. T-1768-8, 1. Individual carriers may secure the between the city of Oakland (City) 5. This action is taken pursuant to action of the conference upon major­ and Sea-Land Service, Inc., (Sea- authority found in sections 4(i), 5(d), ity vote on changes in rates, rules and Land), modifies the parties’ basic and 303(r) of the Communications Act regulations (except those contained in agreement which provides for the of 1934, as amended, and § 0.281 of the inland European tariffs) which are preferential assignment of certain Commission’s rules. necessary to meet significant outside marine terminal facilities to Sea-Land. competition or diversion. If the major­ The purposes of the amended agree­ For the Federal Communications ity agrees that a problem exists but is Commission. ment are to: (1) Modify the descrip­ unable to agree on a course of action, tion of the assigned premises; (2) pro­ W a l l a c e E. J o h n s o n , . the requesting carrier may take inde­ vide for the division of terminal Chief, Broadcast Bureau. pendent action according to proce­ charges from secondary users; and (3) dures set forth in the modification. [FR Doc. 77-36808 Filed 12-23-77; 8:45 am] provide for the modification and as­ 2. All joint services who are parties signment by the City of certain con­ to the conference shall have a single tainer cranes located upon the as­ ‘ Public Notice of the petition was given on collective vote on matters before the signed premises and the recovery by November 25, 1977, in the F ederal R egis­ conference. the City of the cost of said modifica­ ter, 42 FR 60225. 3. The above provisions shall expire tions. 2 Inasmuch as January 15 falls on a on December 31, 1978, unless prior to Sunday we are extending the time to and in­ October 31, 1978, a decision is made to By Order of the Federal Maritime cluding January 16, 1978. extend or revise it. Commission.

FEDERAL REGISTER, VOL, 42, NO. 248— TUESDAY, DECEMBER 27, 1977 NOTICES 64653

Dated: December 21, 1977. U.S.' Gulf Ports Pooling Agreement, [4110- 02] seeks to extend the -term of the basic F r an c is C. H u r n e y , agreement for 2 months from January DEPARTMENT OF HEALTH, Secretary. 30, 1978 through March 31, 1978. The EDUCATION, AND WELFARE [PR Doc. 77-36822 Filed 12-23-77; 8:45 am] amendment further provides that the pool period which began on January 1, Office of Education [6730- 01] 1977 shall be extended through March NATIONAL ADVISORY COUNCIL ON 31, 1978. BILINGUAL EDUCATION NOTICE OF AGREEMENTS FILED By Order of the Federal Maritime Meeting The Federal Maritime Commission Commission. hereby gives notice that the following Dated: December 21, 1977. AGENCY: U.S. Office of Education/ agreements have been filed with the National Advisory Council on Bilin­ Commission for approval pursuant to F r an c is C. H u r n e y , gual Education. section 15 of the Shipping Act, 1916, Secretary. ACTION: Notice. as amended (39 Stat. 733, 75 Stat. 763, [FR Doc. 77-36823 Filed 12-23-77; 8:45 am] 46 U.S.C. 814). SUMMARY: This notice sets forth the Interested parties may inspect and schedule and proposed agenda of a obtain a copy of each of the agree­ [6730- 01] forthcoming meeting of the Legisla­ ments and the justifications offered tion Committee of the National Advi­ therefor at the Washington Office of the Federal Maritime Commission, UNITED TRANSPORTATION INC. sory Council on Bilingual Education. The purpose of this meeting is to come 1100 L Street NW„ room 10126; or may Application For Exemption inspect the agreements at the Field up with recommendations for legisla­ Offices located at New York, N.Y.; Notice is hereby given that the fol­ tive changes to be presented to the New Orleans, La.; San Francisco, lowing application for exemption has full Council so that action can be Calif.; and San Juan, P.R. Interested been filed with the Commission for ap­ taken at their February meeting in parties may submit comments on each proval pursuant to section 35 of the Los Angeles, Calif. Notice of this meet­ agreement, including requests for Shipping Act, 1916, as amended (80 ing is required under the Federal Advi­ hearing, to the Secretary, Federal Stat. 1358, 46 U.S.C. 833a). sory Committee Act (5 U.S.C. Appen­ Maritime Commission, Washington, Interested parties may inspect and dix 1, 10(a)(2)). This document is in­ D.C. 20573, on or before January 6, obtain a copy of this application at the Washington office of the Federal tended to notify the general public of 1978. Comments should include facts their opportunity to attend. and arguments concerning the approv­ Maritime Commission, 1100 L Street al, modification, or disapproval of the NW., Washington, D.C. 20573, room DATES: January 23, 1978, Committee proposed agreement. Comments shall 11413; or may inspect a copy of the ap­ on Legislation, 9:30 a.m.-4 p.m., Janu­ discuss with particularity allegations plication at the Field Offices, New ary 24, 1978, Committee on Legisla­ that the agreement is unjustly dis­ York, N.Y.; New Orleans, La.; San tion, 9 a.m.-2 p.m. criminatory or unfair as between carri­ Francisco, Calif.; and San Juan, P.R. ers, shippers, exporters, importers, pr Comments with reference to the appli­ ADDRESS: Reporter’s Building, Con­ ports, or between exporters from the cation, including a request for hearing ference Room 412, 300 7th Street SW., United States and their foreign com­ if desired, may be submitted to the Washington, D.C. petitors, or operates to the detriment Secretary, Federal Maritime Commis­ FOR FURTHER INFORMATION of the commerce of the United States, sion, Washington, D.C. 20573, on or CONTACT: or is contrary to the public interest, or before January 16, 1978. A copy of any is in violation of the act. such statement shall also be forward­ Dr. Gloria V. Becerra, Program Del­ A copy of any comments should also ed to the party filing the application egate, Office of Bilingual Education, be forwarded to the party filing the (as indicated hereinafter) and the Reporter’s Building, room 421, agreements and the statement should comments should indicate that this Office of Education, 400 Maryland indicate th at this has been done. has been done. Avenue SW., Washington, D.C. AGREEMENT NO. 10027-5. EXEMPTION NO. 22. 20202, 202-447-9227. FILING PARTY; Kenneth D. Thorn­ FILING PARTY: James Hoffman, The National Advisory Council on ton, Executive Administrator, Inter- President, United Transportation, Bilingual Education is established American Freight Conference, 17 Bat­ Inc., Box 285, Bethel, Alaska 99559. under section 732(a) of the Bilingual tery Place, New York, N.Y. 10004. SUMMARY: Application designated Education Act (20 U.S.C. 880b-ll) to advise the Secretary of Health, Educa­ SUMMARY: Agreement No. 10027-5, Exemption No. 22 by United Transpor­ among the member lines of the Brazil/ tation, Inc., has been made pursuant tion, and Welfare and the Commis­ U.S. Atlantic Ports Pooling Agree­ to section 35 of the Shipping Act, sioner of Education concerning mat­ ment, seeks to extend the term of the 1916. Specifically, United Transporta­ ters arising in the administration of basic agreement for 2 months from tion is seeking exemption from the the Bilingual Education Act. January 30, 1978 through March 31, tariff filing requirements of section 2 The proposed agenda for the meet­ 1978. The amendment further pro­ of the Intercoastal Shipping Act, 1933, ing on January 23-24, 1978 includes: vides that the pool period which began section 18(a) of the Shipping Act, To come up with recommendations for on January 1, 1977 shall be extended 1916, due to its limited Federal Mari­ legislative changes. through March 31, 1978. time Commission operations and the Records will be kept of all Council burden of preparation of tariffs. AGREEMENT NO. 10029-4. proceedings and shall be available for By Order of the Federal Maritime public inspection 14 days after the FILING PARTY: Kenneth D. Thorn­ Commission. meeting in Room 421, Reporter’s ton, Executive Administrator, Inter- Building, 300 7th Street SW., Wash­ American Freight Conference, 17 Bat­ Dated: December 21, 1977. ington, D.C. 20202. In the event that tery Place, New York, N.Y. 10004. F r a n c is C. H u r n e y , the proposed agenda is completed SUMMARY: Agreement No. 10029-4, Secretary. prior to the projected date or time, the among the member lines of the Brazil/ [FR Doc. 77-36824 Filed 12-23-77; 8:45 am] Council will adjourn the meeting.

FEDERAL REGISTER, V O L 42, NO. 248—TUESDAY, DECEMBER 27, 1977 64654 NOTICES Signed at Washington, T).C. on De­ no set time for discussion on each of Register criteria for evaluation may be cember 21, 1977. the particular topics, nor will there be forwarded to the Keeper of the Na­ any scheduled formal presentations. tional Register, National Park Service, G loria V. B ecerra, Requests for oral presentations by U.S. Department of the Interior! Program Delegate, the public before the Task Force must Washington, D.C. 20240. Written com­ Office of Bilingual Education. be submitted in writing to the Execu­ ments or a request for additional time [PR Doc. 77-36778 Piled 12-23-77; 8:45 am] tive Director of NACEEO, Mr. Leo A. to prepare comments should be sub­ Lorenzo, and should include the mitted by January 6, 1978. names of all persons seeking an ap­ [4110- 02] W illia m J . M urtagh, pearance, the party or parties which Keeper of the NATIONAL ADVISORY COUNCIL ON they represent, and the purpose for National Register. EQUALITY OF EDUCATIONAL OPPORTUNITY which the presentation is requested. Following the presentation, the state­ ARKANSAS Public Meeting ment in writing shall be submitted to AGENCY: National Advisory Council the Executive Director. In the event Pulaski County on Equality of Educational Opportuni­ that the tentative agenda is completed Little Rock, G overnor’s M ansion Historic ty. prior to the projected time, the Task D istrict, bounded by Center, 13th, Gaines, 18th Sts. and grounds of Governor’s Man­ ACTION: Notice of Meeting. Force will adjourn the meeting. Records of all meetings are kept at sion. SUMMARY: This notice sets forth the NACEEO headquarters, 1325 G Street ILLINOIS proposed agenda of the forthcoming NW., suite 710, Washington, D.C meeting of the Legislative and Admin­ 20005, and are available for public in­ Alexander County istrative Task Force. It also describes spection. the functions of the National Advisory Cairo, Cairo Historic District, roughly Signed at Washington, D.C., on De­ bounded by the Ohio River, Park, 33rd, Council.- Notice of this meeting is re­ Sycamore, 21st, Cedar, and 4th Sts. quired under the Federal Advisory cember 21, 1977. Committee Act [£ U.S.C., Appendix 1, L eo A. L orenzo, INDIANA 10(a)(21)]. This document is intended Executive Director. Allen County to notify the general public of their [FR Doc. 77-36778 Filed 12-23-77; 8:45 am] opportunity to attend. Fort Wayne, Lindenwood Cemetery, 2324 W. Main St. DATE AND PLACE OF MEETING: January 14,1978; New York, N.Y. [ 1505- 01] MICHIGAN ADDRESS: Summit Hotel, Lexington DEPARTMENT OF THE INTERIOR Washtenaw County Avenue, and East 51st Street, New Ann Arbor, Central Campus Historic Dis­ York, N.Y. Bureau of Land Management trict, University of Michigan campus. FOR FURTHER INFORMATION, [M 27963] CONTACT: NEVADA MONTANA Rosemarie Maynez, Administrative Carson City County Assistant, NACEEO, 1325 G Street, Opportunity for Public Hearing and Republica­ Carson City, Carson Brewing Company, 102 NW., suite 710, Washington, D.C. tion of Notice of Proposed Withdrawal S. Division St. 20005, 202-724-0221. Correction NEW JERSEY The National Advisory Council on Equality of Educational Opportunity In FR Doc. 77-27383 appearing at Bergen County is established under section 716 of the page 47594 in the issue for Wednes­ Paramus, Midland School, 239 W. Midland Emergency School Aid Act (Pub. L. day, September 21, 1977, in the de­ Ave. 92-318, Title VII, as amended by Pub. scription for Beverhead National L. 93-380 and Pub. L. 94-482). The Forest, Cottonwood Creek Research OHIO Natural Area, the line now reading Council is established to: (1) advise the Brown County Assistant Secretary for Education with “Sec. 10, SVfeSVfeSVfeSSEVi;” should respect to the operation of the pro­ have read “Sec. 10, SVfcSyzSVfeSE1^ ; ”, Georgetown, Georgetown H istoric District, This notice was inaccurately correct­ roughly bounded by Water Alley Pleasant, gram authorized under the Emergency Short, and State (both sides) Sts. School Aid Act (ESAA), including the ed at page 59921 in the issue for Tues­ preparation of regulations and the de­ day, November 22, 1977. That correc­ Cuyahoga County velopment of criteria for the approval tion may be disregarded. Chagrin Falls, March, George, House, 126 E. of applications; and (2) review the op­ Washington St. eration of the program with respect to Cleveland, Crawford-Tilden Apartments, its effectiveness in achieving its pur­ [4310- 70] 1831-1843 Crawford Rd., 1878-1888 E. pose as stated in the Act and with re­ 84th St. spect to the Assistant Secretary’s con­ National Park Service Cleveland, Stager-Beckwith House, 3813 duct in the administration of the pro­ Euclid Ave. NATIONAL REGISTER OF HISTORIC PLACES Cleveland, Superior Avenue Viaduct, Superi­ gram. or Ave. HAER. The meeting, which is open to the Notification of Pending Nominations public, will convene at 10 a.m. until 3 Erie County p.m. on Saturday, January 14, 1978. Nominations for the following prop­ Birmingham, Starr-Truscott House, OH 133. The main purpose of this meeting is to erties being considered for listing in develop a complete list of recommen­ the National Register were received by Franklin County dations with accompanying rationale the National Park Service before De­ Columbus, Drake, Elam, House, 2738 Ole to be presented to the full Council for cember 16, 1977. Pursuant to § 60.13(a) Country Lane. adoption. In addition, the Task Force of 36 CFR Part 60, published in final will discuss and develop project plans form on January 9, 1976, written com­ Hamilton County for the remainder of the fiscal year. ments concerning the significance of Cincinnati, Rentz, Sebastian, House, 4435 As thife is a planning meeting, there is these properties under the National Foley Rd.

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 NOTICES 64655

Lake County [4310- 70] p.m., (e.s.t.), January 19, 1978, at the painesvilie, Mentor Avenue District, Wood Cuyahoga Falls City Hall Council St. and Mentor Ave. from Liberty to National Park Service Chambers, 2310 2d Street, Cuyahoga Washington St. LAKE MEAD NATIONAL RECREATION AREA Falls, Ohio. Lorain County The Commission was established by Intention to Extend Concession Contract Pub. L. 93-555 to meet and consult Avon, Cahoon, Wilbur, House, 2940 Stoney Ridge Rd. Pursuant to the provisions of section with the Secretary of the Interior on 5 of the Act of October 9, 1965 (79 matters relating to the development of Lucas County Stat. 969; 16 U.S.C. 20), public notice is the Cuyahoga Valley National Recrea­ Maumee, Eckenrode and Breisach Houses, hereby given that on January 26, 1978, tion Area and with respect to carrying 202 and 204 E. Dudley St. the Department of the Interior, out the provisions of the public law. Maumee, Griswold, Peck, House, 228 E. through the Director of the National The members of the Commission are Broadway. Park Service, proposes to extend the as follows: Maumee, Hanson House, 405 E. Broadway. Maumee, Reed, Henry Jr., House, 511-513 concession contract with Forest Enter­ Mrs. Robert P. Warren (Chairman). White St. prises, Inc., authorizing it to continue Mr. Courtney Burton. to provide concession facilities and ser­ Mr. Normaii A. Godwin. M eigs C ounty vices for the public at Lake Mead Na­ Mr. Donald W. Haskett. Pomeroy, Pomeroy Historic District, 2nd St. tional Recreation Area for a period of Mr. Robert L. Hunker. and Main St. two (2) years from January 1, 1978, Mr. James S. Jackson. through December 31,1979. Mr. Melvin J. Rebholz. Montgomery County Mr. Roger Rossi. It has been determined that the pro­ Mrs. George N. Seltzer. Germantown, Rohr, David, Mansion and posed extension of this contract does Ms. Robbie Stillman. Carriage House, Astoria Rd. and OH 725. not have potential for causing signifi­ Mr. Barry K. Sugden. Muskingum County cant environmental impact and there­ Mr. Robert W. Teater. fore preparation of an environmental Mr. William O. Walker. New Concord, Harper, William Rainey, Log assessment is not required. House, E. Main St. Matters to be discussed at this meet­ The foregoing concessioner has per­ ing include: Philo vicinity-, Philo Mound Group, S of formed it obligations to the satisfac­ Philo. 1. Report on park operations. Zanesville, Achauer-Linser House and Brew­ tion of the Secretary under an existing contract which expires by limitation 2. Concerns of park residents regarding ery Complex, 976-988 E. Main St. their future as a residential community. Zanesville, Harris, William B., House, 1320 of time on December 31, 1977, and 3. Land acquisition. Newman Dr. therefore, pursuant to the Act of Oc­ 4. Proposed independence landfill. Zanesville, St Paul's A.M.E. Church and tober 9, 1965, as cited above, is entitled Parsonage, 331 South St. to be given preference in the renewal The meeting will be open to the Zanesville vicinity, Headley Inn-Smith of the contract and in the negotiation public. It is expected that about 50 House and Farm, 5255 West Pike HABS. of a new contract. This provision, in persons in addition to members of the Trumbull County effect, grants Forrest Enterprises, Inc., Commission will be able to attend this meeting. Interested persons may Warren, Mahoning Avenue Historic District as the present satisfactory concession­ Mahoning Ave. from Perkins Dr. to High er, the right to meet the terms of re­ submit written statements. Such state­ St. (boundary change). sponsive offers for the proposed new ments should be submitted to the offi­ contract and a preference in the award cial listed below prior to the meeting. Union County of the contract, if the offer of Forrest Further information concerning this Marysville, Marysville Historic District Enterprises, Inc., is substantially equal, meeting may be obtained from Wil­ roughly bounded by Maple, Plum, 4th, to others received. The Secretary is liam C. Birdsell, Superintendent, and 7th Sts. also required to consider and evaluate Cuyahoga Valley National Recreation Area, P.O. Box 158, Peninsula, Ohio Warren County all proposals received as a result of this notice. Any proposal to be consid­ 44264, 216-653-3313. Minutes of the Lebanon, Golden Lamb, 27031 S. Braodway. ered and evaluated must be submitted meeting will be available for public in­ on or before January 26, 1978. spection 3 weeks after the meeting at OREGON Interested parties should contact the the office of Cuyahoga Valley Nation­ Clatsop County Assistant Director, Special Services, al Recreation Area, located at 501 National Park Service, Washington, West Streetsboro Road, State Route Astoria, Lightship Columbia, 17th St. D.C. 20240, for information as to the 303, 2 miles east of Peninsula, Ohio. Jackson County requirements of the proposed con­ Dated: December 12,1977. tract. Ashland, IOOF Building, 49-57 N. Main St. R andall R . P ope, Marion County Dated: December 16, 1977. Acting Regional Director, Midwest Region. Salem, McCuUy, David, House, 1365 John D avid J. T o b in , Jr., S t.S . Acting Director, [FR Doc. 77-36718 Piled 12-23-77; 8:45 am] Salem,. Wade, William Lincoln, House, 1305 National Park Service. John St. S. [PR Doc. 77-36717 Piled 12-23-77; 8:45 am] [4310- 70] PENNSYLVANIA [4310- 70] INDIANA DUNES NATIONAL LAKESHORE Westmoreland County ADVISORY COMMISSION CUYAHOGA VALLEY NATIONAL RECREATION Greensburg, Westmoreland County Court­ Meeting house, N. Main St. AREA ADVISORY COMMISSION Meeting Notice is hereby given in accordance TENNESSEE with the Federal Advisory Committee Notice is hereby given in accordance Act that a meeting of the Indiana Loudon County with the Federal Advisory Committee Dunes National Lakeshore Advisory Greenback vicinity, McCollum Farm, SW of Act that a meeting of the Cuyahoga Commission will be held at 10 a.m. Greenback on Morganton Rd. Valley National Recreation Area Advi­ (c.s.t.) on Friday, January 20, 1978, at tPR Doc. 77-36821 Piled 12-23-77; 8:45 am] sory Commission will be held at 7:30 headquarters, Indiana Dunes National

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64656 NOTICES

Lakeshore, Kemil Road and U.S. High­ [4310- 70] Anyone wanting copies of the devel­ way 12, Chesterton, Ind. The meeting [Order No. 3, Amdt 5] opment concept plan; and the draft will reconvene at 10 a.m. (c.s.t.) on Sat­ environmental statement, additional urday, January 21, 1978, at Beverly SUPERINTENDENTS, ET A L , PACIFIC information on the public meetings or NORTHWEST REGION the National Park Service planning Shores Elementary School, Marne process, or those wishing to submit Avenue, Beverly Shores, Ind. The Sat­ Delegation of Authority comments on the documents may urday session has been rescheduled Pacif ic Northwest Region Order No. write to the Superintendent, Sequoia from December 10, 1977. It could not 3, approved March 6, 1972, and pub­ National Park, Three Rivers, Calif. be held on that date because of bad lished in the F ederal R egister of 93271. weather. March 28, 1972 (37 FR 6325), as Dated: December 2,1977. The Commission was established by amended is amended by the following addition to section 1, which lists ex­ J o h n H . D a v is, Pub. L. 89-761 to meet and consult ceptions to the authority redelegated Acting Regional Director, West­ with the Secretary of the Interior on to Superintendents. ern Region, National Park Ser­ matters related to the administration S ectio n 1(o ). Authority to approve vice. and development of the Indiana Assignment as Incidental Pilot. [FR Doc. 77-36721 Filed 12-23-77; 8:45 am] Dimes National Lakeshore. Dated: October 20, 1977. The members of the Commission are as follows: E dw ard J . K urtz, [4310- 70] Acting Regional Director, GRAND CANYON NATIONAL PARK Mr. Harry W. Prey (Chairman). Pacific Northwest Region. Mrs. Anna R. Carlson. [FR Doc. 77-36720 Filed 12-23-77; 8:45 am] Intention To Negotiate Concession Contract Mr. John A. Hillenbrand II. Mr. W illiam L. Lieber. * Pursuant to the provisions of Sec­ Mr. Lawrence Miller. [4310- 70] tion 5 of the Act of October 9, 1965 (79 Mr. John R. Schnurlein. Stat. 969; 16 U.S.C. 20), ¡public notice is Mr. Norman E. Tufford. SEQUOIA NATIONAL PARK, DEVELOPMENT CONCEPT PLAN FOR GIANT FOREST-LODGE- hereby given th at on January 26,1978, Matters to be discussed on Friday in­ POLE AREA the Department of the Interior, clude: through the Director of the National Notice of Intent Park Service, proposes to negotiate a 1. A report on research and on the re­ concession contract with Verkamp’s, sources management plan for the park. Notice is hereby given that the Na­ Inc., authorizing it to continue to pro­ 2. Status of land acquisition. tional Park Service will hold public vide concession facilities and services 3. Winter interpretation. meetings in central California Febru­ 4. The public involvement program for the ary 1 and 2, 1978, on the development for the public on the South Rim of park. concept plan and draft environmental Grand Canyon National Park for a 5. Status of the general management plan statement for the Giant Forest-Lodge- period of ten (10) years from January study. pole area of Sequoia National Park. 1,1977, through December 31,1986. It has been determined that the pro­ The Friday meeting will be open to The first meeting will be held on Wednesday, February 1, 1978, at 7:30 posed continuation of this concession the public and interested persons may operation does not have potential for make written statements. Minutes of p.m., in the McLane High School all purpose room, 2727 North Cedar causing significant environmental the meeting will be available for public Avenue, Fresno, Calif. The second impact and therefore preparation of inspection at the Office of the Super­ meeting will be held Thursday, Febru­ an environmental assessment is not re­ intendent, Indiana Dimes National La­ ary 2, 1978, beginning at 7:30 p.m., in quired. keshore, Kemil Road and U.S. High­ the Visalia Convention Center, Se­ The foregoing concessioner has per­ way 12, Chesterton, Ind., 3 weeks after quoia Room, 303 East Acequia, Visalia, formed its obligations to the satisfac­ the meeting. Calif. tion of the Secretary under an existing National Park Service personnel and contract which expires by limitation A transcript will be made of the Sat­ of time on December 31, 1977, and urday proceedings and a copy will also planners will be available at each of the meeting locations at 6:30 p.m. and therefore, pursuant to the Act of Oc­ be available for public inspection at will answer questions or explain de­ tober 9, 1965, as cited above, is entitled the Superintendent’s office three tails of the plan during the hour to be given preference in the renewal weeks after the meeting. Members of before the meetings begin. of the contract and in the negotiation the public wishing copies of the tran­ Concurrent with the public meetings of a new contract. This provision, in script may obtain information on their the National Park Service will consult effect, grants Verkamp’s, Inc., as the availability and cost from the Superin­ with various Federal, State, and local present satisfactory concessioner, the tendent, Indiana Dunes National La­ government agencies, individuals and right to meet the terms of responsive organizations on the development con­ offers for the proposed new contract keshore, route 2, Box 139-A, Chester­ and a preference in the award of the ton. Ind. 46304, 219-926-7561. cept plan and draft environmental statement for the Giant Forest-Lodge- contract, if thie offer of Verkamp’s, Further information concerning pole area of Sequoia National Park. Inc., is substantially equal to others either the Friday or Saturday sessions The purpose of these meetings and received. The Secretary is also re­ may be obtained from James R. Whi- consultations is to provide for wide quired to consider and evaluate all tehouse, Superintendent, Indiana citizen participation through which proposals received as a result of this Dunes National Lakeshore, at the the Service will receive ideas, sugges­ notice. Any proposal to be considered above address or telephone number. tions, and comments from the public and evaluated must be submitted on or in formulating the development con­ before January 26, 1978. Dated: December 16,1977. cept plan for the Giant Forest-Lodge- Interested parties should contact the pole area in Sequoia National Park. Assistant Director, Special Services, R andall R . P o pe, The record will remain open until National Park Service, Washington, Acting Regional Director, March 6,1978, during which time writ­ D.C. 20240, for information as to the Midwest Region. ten comments will be reviewed and requirements of the proposed con­ [FR Doc. 77-36719 Filed 12-23-77; 8:45 am] considered. tract.

FEDERAL REGISTER, VOL. 42, NO. 248—TUESDAY, DECEMBER 27, 1977 NOTICES 64657 Dated: December 15, 1977. [7910- 01] Dated: December 19,1977. D avid J. T o b in , Jr., RENEGOTIATION BOARD A. V erno n W eaver, Acting Deputy Director, Administrator. National Park Service. EXTENSION OF TIME FOR FILING [FR Doc. 77-36776 Filed 12-23-77; 8:45 am] [PR Doc. 77-36722 Filed 12-23-77; 8:45 am] The coverage of the Renegotiation Act of 1951, as amended (50 U.S.C. App. §1211 et seq.), presently termi­ [8025- 01] [7590- 01] nated on September 30, 1976. Legisla­ [Declaration of Disaster Loan Area No. tion has been introduced in Congress 1410] NUCLEAR REGULATORY which would extend the coverage of COMMISSION the act to a later date. Further, re­ WISCONSIN ceipts or accruals from contracts and [Docket No. 50-549; Case 80006] subcontracts subject to the act which Declaration of Disaster Loan Area NEW YORK STATE POWER AUTHORITY are attributable to performance before The 2100 Block of Brackett Avenue September 30, 1976, are subject to re­ (this block is located at the Intersec­ Joint Notice of Hearing Schedule negotiation even though such receipt^ tion of Highway 53 and Brackett or accruals may be reportable under D ecember 20, 1977. Avenue) in the City of Eau Claire, Eau some accounting methods, such as the Claire County, Wis., constitutes a di­ In the Matter of Power Authority of completed contract method, in one or saster area because of damages result­ the State of New York (Greene more fiscal years ending after that ing from a fire which occurred on No­ County Nuclear Power Plant), Docket date. In order to relieve persons with vember 27, 1977. No. 50-549; State of New York Depart­ receipts or accruals subject to the act Eligible persons, firms, and organiza­ ment of Public Service Board of Elec­ for fiscal years ending after Septem­ tions may file application for loans for tric Generation Siting and the. Envi­ ber 30, 1976, of the burden of segregat­ physical damage until the close of ronment; In the Matter of the Appli­ ing their renegotiable and nonrenego- business on February 17, 1978, and for cation of the Power Authority of the tiable receipts or accruals based upon economic injury until the close of busi­ State of New York (Greene County the current “termination date” and ness on September 19,1978 at: Nuclear Generating Facility), Case again segregating such receipts or ac­ 80006. cruals based upon a new “termination Small Business Administration, District An Atomic Safety and Licensing date” should legislation be enacted, Office, 122-West Washington Avenue, Board of the U.S. Nuclear Regulatory the Board hereby extends the time for room 700, Madison, Wis. Commission and a presiding examiner filing Standard Forms of Contractor’s or other locally announced locations. and an associate examiner of the Report (RB Form 1), and Applications for Commercial Exemption for fiscal (Catalog of Federal Domestic Assistance Board on Electric Generation Siting Program Nos. 59002, 59008.) and the Environment of the State of years ending after September 30, 1976, and before March 1, 1978 to July 15, Dated: December 19,1977. New York will conduct joint hearings 1978. in the above-indicated matters at the A. V erno n W eaver, times set forth in the following sched­ Dated: December 19, 1977. Administrator. ule: G o o d w in C h a se , [FR Doc. 77-36777 Filed 12-23-77; 8:45 am] (1) January 16, 1978 through January 20, Chairman. 1978. [FR Doc. 77-36792 Filed 12-23-77; 8:45 am] (2) February 6, 1978 through February 10, [4710- 02] 1978. (3) February 21, 1978 through February [8025- 01] DEPARTMENT OF STATE 24,1978. ^ Agency for International Development The first day of each week’s hearing SMALL BUSINESS ADMINISTRATION will begin at 1 p.m. [Declaration of Disaster Loan Area No. MISSION DIRE CTOR AND DEPUTY MISSION N.B. The time of the hearing listed 1411] DIRECTOR; USAID BANGLADESH in the Joint Notice of Hearing Sched­ WASHINGTON Redelegation of Authority No. 164-6; ule dated October 12, 1977, which is Amendment scheduled for January 3, 1978, is Declaration of Disaster Loan Area hereby changed. The new starting As a result of the President’s decla­ Pursuant to the authority delegated time is 1 p.m., not 10:30 a.m. as previ­ ration, I find th at Cowlitz, King, to me by AID Delegations of Author­ ously scheduled. Lewis, Snohomish, Grays Harbor, K it­ ity Nos. 5 and 38, the next to last para­ All hearings will take place at the of­ titas, Pierce and Yakima Counties and graph in AID Redelegation of Author­ fices of the Public Service Commis­ adjacent counties within the State of ity No. 164-6 is amended to read as fol­ sion, Agency Building 3, Empire State Washington, constitute a disaster area lows: Plaza, Albany, N.Y. because of damage resulting from The authority enumerated above in para­ It is so ordered. severe storms, mudslides and flooding graph 1 with respect to execution of loan Dated at Bethesda, Md., this 20th beginning about December 1, 1977. Eli­ and grant agreements is also hereby redele­ day of December 1977. gible persons, firms and organizations gated under the same terms and conditions may file applications for loans for set forth herein to the U.S. Ambassador to For the Atomic- Safety and Licensing physical damage until the close of Bangladesh. Board. business on February 9, 1978, and for This amendment to Redelegation of economic injury until the close of busi­ Authority No. 164-6 is effective imme­ J o h n F . W olf, ness on September 11, 1978, at: Chairman. diately. Small business Administration, District Dated: December 9,1977. For the New York State Siting Office, 651 U.S. Courthouse, Spokane, Board. Wash. 99210. J o h n H . S u l l iv a n , E dw ard D. C o h e n , or other locally announced locations. Assistant Administrator, Presiding Examiner. (Catalog of Federal Domestic Assistance Bureau for Asia. [FR Doc. 77-36794 Filed 12-23-77Í 8:45 am] Program Nos. 59002 and 59008.) [FR Doc. 77-36786 Filed 12-3-77; 8:45 am]

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64658 NOTICES

[4710- 02] ity Nos. 5 and 38, the third from final and grant agreements is also hereby redele­ paragraph in AID Redelegation of Au­ gated under the same terms and conditions MISSION DIRECTOR AND DEPUTY MISSION thority No. 164-12 is amended to read set forth herein to the U.S. Ambassador to DIRECTOR; USAID INDONESIA as follows: Pakistan. Redelegation of Authority No. 164-10; The authority enumerated above in para­ This amendment to Redelegation of Amendment graph 1 with respect to execution of loan Authority No. 164-11 is effective im­ and grant agreements is also hereby redele­ mediately. Pursuant to the authority delegated gated under the same terms and conditions to me by AID Delegations of Author­ set forth herein to the U.S. Ambassador to Dated: December 9, 1977. ity Nos. 5 and 38, the third from final the Philippines. J o h n H . S u lliv a n , paragraph in AID Redelegation of Au­ This amendment to Redelegation of Assistant Administrator, thority No. 164-10 is amended to read Authority No. 164-12 is effective im­ Bureau for Asia. as follows: mediately. The authority enumerated above in para­ [FR Doc. 77-36789 Filed 12-23-77; 8:45 am] graph 1 with respect to execution of loan Dated: December 9, 1977. and grant agreements is also hereby redele­ J o h n H . S u l l iv a n , gated under the same terms and conditions Assistant Administrator, set forth herein to the U.S. Ambassador to Bureau for Asia. Indonesia. [ 1505- 01] This amendment to Redelegation of [FR Doc. 77-36788 Filed 12-23-77; 8:45 am] DEPARTMENT OF TRANSPORTATION Authority No. 164-10 is effective im­ mediately. Federal Railroad Administration [4710- 02] Dated: December 9, 1977. [Docket No. RFA 511-77-3] J o h n H . S u l l iv a n , MISSION DIRECTOR AND DEPUTY MISSION Assistant Administrator, DIRECTOR; USAID PAKISTAN GUARANTEE OF OBLIGATIONS Bureau for Asia. [FR Doc. 77-36787 Filed 12-23-77; 8:45 am] Redelegation of Authority No. 164-11; Receipt of Application Amendment Correction [4710- 02] Pursuant to* the authority delegated to me by AID Delegations of Author­ In PR Doc. 77-36081 appearing at MISSION DIRECTOR AND DEPUTY MISSION DI­ page 63245 in the issue for Thursday, RECTOR; USAID PHILIPPINES ity Nos. 5 and 38, the third from final paragraph in AID Redelegation of Au­ December 15, 1977, the docket number Redelegation of Authority No. 164-12; thority No. 164-11 is amended to read which appeared in the heading was in­ Amendment as follows: correctly printed as “Docket No. RFA Pursuant to the authority delegated The authority enumerated above in para­ 511-77-31”. It should have read as set to me by AID Delegations of Author­ graph 1 with respect to execution of loan forth in the heading above.

\ \V

FEDERAL REGISTER, VOL. 42, NO. 248—TUESDAY, DECEMBER 27, 1977 64659 sunshine act meetings

This section of the FEDERAL REGISTER contains notices of meetings published under the “Government in the Sunshine Act" (Pub. L. 94-409), 5 U.S C 552b(e)(3).

CONTENTS CONTACT PERSON FOR MORE IN­ is open to the public. The Board ex­ FORMATION: pects to discuss the matters stated in Item the Agenda which is set forth below. Federal Energy Regulatory Kenneth R. Mason, Secretary, 202- Requests for information about the Commission...... 1 523-01£1. meeting should be addressed to the International Trade [S-2148-77 Filed 12-22-77; 9:28 am] Secretary of the Board, Louis A. Cox, Commission...... » 2 at 202-245-4632. postal Service...... 3, 4 Agenda [7710-12] 1. Minutes of the Previous Meeting. [6740- 02] 2. Remarks of the Postmaster General. 3 (In keeping with its consistent practice, l U.S. POSTAL SERVICE, BOARD OF the Board’s agenda provides this opportuni­ GOVERNORS. ty for the Postmaster General to inform the FEDERAL ENERGY REGULATORY members of miscellaneous current develop­ COMMISSION. The Committee on Audit of the ments concerning the Postal Service. He Board of Governors of the U.S. Postal might report, for example, the occurrence “FEDERAL REGISTER” CITATION Service, pursuant to the Bylaws of the of a recent Congressional hearing, the ap­ OF PREVIOUS ANNOUNCEMENT: pointment or assignment of a key official, or 42 FR 64500. Board (39 CFR 5.2, 7.5 (as amended, 42 the effect on postal operations of unusual FR 12862, 12863)) and the Govern­ weather or a major strike in the transporta­ PREVIOUSLY ANNOUNCED TIME ment in the Sunshine Act (5 U.S.C. tion industry. Nothing that requires a deci­ AND DATE OF MEETING: December 552b), hereby gives notice th at it in­ sion by the Board is brought up under this 28,1977,10 a.m. tends to hold a meeting at 7:30 a.m. on item.) CHANGE IN THE MEETING: The Thursday, January 5, 1978, in the Ben­ 3. Performance Report on Christmas Mail. jamin Franklin Room, 11th floor, (Mr. Dorsey, Senior Assistant Postmaster following items have been added: General, Operations Group, will report on Postal Service Headquarters, 475 L’En- the service performance of the USPS dining Item No., docket No., and company fant Plaza SW., Washington, D.C. the Christmas mailing period.) ER-12—ER77-511, New York Power Pool. 20260. The meeting is open to the 4. Annual Report on Open Meetings Com­ ER-13—E-9605, Black Hills Power & Light public. Requests for information about pliance. Co. the meeting should be addressed to (Mr. Cox, General Counsel, will present M-3—Re-Examination of Special Relief and the Secretary of the Board, Louis A. for the approval of the Board, the annual Related Cost Issues Involving Gas Produc- Cox, at 202-245-4632. report to Congress that is required by the The Committee will review with rep­ Government in the Sunshine Act regarding RP-7—RP72-149 (PGA77-10), Mississippi the Board’s compliance with the Act.) River Transmission Corp. resentatives of the Postal Service’s • 5. Annual Report of the Postmaster Gen­ outside auditors the Postal Service’s eral. K e n n e t h F . P l u m b, Balance Sheet and Financial State­ (The Board will consider the Annual Secretary. ments for fiscal year 1977. Report of the Postmaster General to the [S-2149-77 Filed 12-22-77; 11:37 am] This Committee meeting is to be Board concerning the operations of the held in anticipation of a meeting of Postal Service, as required by 39 U.S.C. the Board of Governors which is § 2402. Upon approval thereof, or after [7020- 02] making such changes as it considers'appro­ scheduled to commence at 9 a.m. on priate, the Board is to transmit this report 2 the same day. A report of the Commit­ to the President and the Congress.) tee is on the agenda for the Board 6. Report of the Audit Committee on FY [USITC SEr77-77] meeting. 1977 Financial Statement. U.S. INTERNATIONAL TRADE Louis A. Cox, (Mr. Holding, as Chairman of the Audit COMMISSION. Secretary. Committee of the Board, will report to the members on the meeting of the Audit Com­ tS-2151-77 Filed 12-22-77; 2:06 pm] TIME AND DATE: 9:30 a.m., Friday, mittee (which is to be held immediately pre­ January 6, 1978. ceding the meeting of the Board) with rep­ resentatives of the Postal Service’s outside PLACE: Room 117, 703 E Street NW., [7710-12] auditors concerning the Service’s Balance Washington, D.C. 20436. Sheet and Financial Statements for FY STATUS: Open to the public. 4 1977.) 7. Selection of an Independent Certified MATTERS TO BE CONSIDERED. U.S. POSTAL SERVICE, BOARD OF Public Accounting Firm to Certify the Accu­ GOVERNORS. racy of Postal Service Financial Statements. 1. Agenda. (Thisis one of the matters that is reserved 2. Minutes. The Board of Governors of the U.S. for decision by the Board under section 3.4 3. Ratifications. Postal Service, pursuant to its Bylaws of the Board’s Bylaws.) 4. Possible section 337 investigation on (39 CFR 7.5 (as amended, 42 Fit 8. Capital Investment Project: South Sub­ steel (continuation of discussion from the 12863)) and the Government in the urban Management Sectional Center Facili­ meeting of December 15,1977). Sunshine Act (5 U.S.C. 552b), hereby ty at Chicago, 111. 5. Fiscal year 1979 budget submission. gives notice th at it intends to hold a (The Board will consider a proposed proj­ 6. Redraft of Canons of Ethics—see docu­ meeting at 9 a.m. on Thursday, Janu­ ect for the purchase and renovation of an ment GC-A-086. existing building for use as a Management 7. Petitions and complaints (if necessary): ary 5, 1978, in the Benjamin Franklin Sectional Center Facility.) (a) Gunsight mounts. Room, 11th floor, Postal Service Head­ 9. Election of Chairman and Vice-Chair­ 8. Any items left over from previous quarters, 475 L’Enfant Plaza SW., man of the Board and Appointment of Com­ agenda. Washington, D.C. 20260. The meeting mittees of the Board.

FEDERAL REGISTER:, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 SUNSHINE ACT MEETINGS 64660

(Under the board's Bylaws, the first regu­ lar meeting of each calendar year is desig­ nated as the Annual Meeting. The terms of thje Chairman and Vice-Chairman of the Board expire at the end of the first Annual Meeting following the meeting at which they were elected. Accordingly, the Board will consider the election of a Chairman and a Vice-Chairman, In addition, the terms of appointments to committees of the Board expire at the end of each Annual Meeting. The Chairman of the Board appoints the Chairman and members of each Commit­ tee.) Louis A. Cox, Secretary. [S-2150-77 Piled 12-22-77; 2:06 pm]

FEDERAL REGISTER, VOL. 42, NO. 248—TUESDAY. DECEMBER 27, 1977 TUESDAY, DECEMBER 27, 1977

PART II

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Food and Drug Administration

RECYCLED ANIMAL WASTE

Request for Data, Information, and Views 64662 NOTICES sion of information and data from re­ [4 1 1 0 -0 3 ] protein supply, recycling of animal waste may reduce water and air pollution which search that has already been conducted, DEPARTMENT OF HEALTH, originates in livestock and poultry facil­ and solicit comments on additional re­ EDUCATION, AND WELFARE ities. On the other hand, since animal search needs suggested by the agency; waste could contain disease-producing and (3) solicit suggestions as to regula­ Food and Drug Administration organisms and parasites, residues of tory controls that might be adopted. [Docket No. 77N-0245] drugs and drug metabolites, and toxic P ast Actions by F ederal Agencies RECYCLED ANIMAL WASTE elements and other contaminants of natural and industrial origin, the feeding In 1965, as a result of interest in the Request for Data, Information, and Views of animal waste could present hazards to expanded use of poultry waste as animal animal and human health unless such feed, the United States Department of AGENCY: Food and Drug Administra­ Ariculture (USDA) formed a committee tion. contaminants (if present at unsafe levels) are eliminated or reduced to ac­ composed of USDA representatives and ACTION: Request for data, information, ceptable levels. an advisor from FDA to determine and views. whether sufficient information was avail­ In a policy statement (now codified able to assure that animal wastes used as SUMMARY: The Commissioner of Food at 21 CFR 500.40) published in the F ed­ animal feed ingredients were safe and and Drugs issues this notice in response eral R egister of September 3, 1967 (32 nutritious. Deliberations of that commit­ to the growing interest in the use of ani­ FR 12714), FDA announced that it did tee resulted in the issuance of the follow­ mal waste as animal feed, and in ac­ not sanction the feeding of poultry litter ing policy statement by USDA in 1965: cordance with the Food and Drug Ad­ to animals. The agency has since in­ ministration’s authority with respect to The feeding of poultry litter to livestock formally extended the scope of its state­ constitutes a potential public health hazard, the safety of animal feed ingredients. In ment to include wastes from other spe­ and it is recommended that the practice not this notice, the Commissioner discusses cies, although it has restricted enforce­ be followed until such time as research pro­ the nature and extent of the practice, the ment of the announced policy in other vides a method of rendering poultry litter as economic and environmental implica­ ways, as discussed below. In response to a safe feed ingredient. tions, the human and animal health con­ inquiries and to indications of increased cerns, and various waste processing use, the Commissioner has requested a re- During the subsequent 2 years, FDA methods. Specifically, he (1) identifies evaluation of the agency’s present pos­ received field reports that poultry litter issues requiring resolution with respect ture, to determine what changes, if any, was being used for livestock feed. The to the feeding of animal waste and in­ field reports, coupled with the concerns are justified. He has concluded, however, expressed by USDA, prompted FDA’s vites identification of additional issues that the data available at the present publication in 1967 of a statement of that should be considered, (2) invites time are inadequate to provide a full policy and interpretation concerning the submission of information and data from assessment of the risks involved in the use of poultry litter as animal feed. That research that has already been con­ feeding of animal waste. Also, insufficient statement (codified at 21 CFR 500.40) ducted and solicits comments on addi­ information is available about ways to pointed out the difficulty of determining tional research needs suggested by the minimize these risks by processing or by the nature and levels of residues of anti­ agency, and (3) solicits suggestions as to other measures designed to control the biotic drugs and their metabolites in the regulatory controls that might be occurrence of harmful substances that tissues and byproducts of animals fed adopted. could appear in the wastes. Further, the poultry litter. It also stated that disease DATE: Submissions must be received on Commissioner may not have available to organisms may be transferred from or before June 26, 1978. him all of the data (with respect to poultry to other animals, and eventually safety) that would be needed to provide to man, through the use of poultry lit­ FOR FURTHER INFORMATION CON­ a basis for the adoption of practical regu­ TACT: ter as animal feed. The statement con­ latory controls on the recycling of ani­ cludes: Veterinary Drugs: Jack Taylor, Bureau mal -waste, since the amount of data needed would vary with the nature and Therefore, the Food and Drug Administra­ of Veterinary Medicine (HFV-100), tion has not sanctioned and does not sanc­ Food and Drug Administration, De­ stringency of the controls. For example, tion the use of poultry litter as a feed or as a partment of Health, Education, and less safety data might be needed if the component of feed for animals. Poultry lit­ Welfare, 5600 Fishers Lane, Rockville, feeding of animal waste is restricted as ter subject to the jurisdiction of the Federal Md. 20857, 301-443-5247. to species (i.e., there might be more con­ Food, Drug, and Cosmetic Act and offered for cern about feeding waste to dairy cows use as animal feed may be considered as Foods: William Horwitz, Bureau of that are in production compared with adulterated within the meaning of section Foods (HFF-101), Food and Drug Ad­ 402(a) (1), (2) (C), and/or (3) of the act. ministration, Department of Health, feeding waste to meat animals) or by Education, and Welfare, 200 C Street establishment of withdrawal" periods Although the statement refers only to (periods of time immediately before the use of poultry litter as animal feed, SW., Washington, D.C. 20204, 202-245- slaughter during which the waste prod­ 1301. FDA has subsequently taken the position uct cannot be fed). informally that the statement applies to SUPPLEMENTARY INFORMATION: For these .reasons, the Commissioner all forms of animal excreta. However, I. I ntroduction has concluded that no change in the the agency has also informally adopted agency’s policy is appropriate at this the position that regulatory action will This notice is issued to elicit the early time. However, the Commissioner has al­ not be taken unless animal waste in­ involvement of interested citizens in the so concluded that the agency should so­ tended for use as animal feed were found development and revision of regulations licit data and comments from the public to be adulterated under section 402 of the governing the recycling of animal waste, with respect to several central issues. Federal Food, Drug, and Cosmetic Act waste which is processed and fed to food- Following evaluation of the comments (21 U.S.C. 342), and unless a violation of producing animals. and data, the Commissioner will deter­ section 301 of the act (21 U.S.C. 331) There is an increased interest in proc­ mine whether any changes in current had occurred. A food is adulterated if» essing animal waste and feeding the re­ agency policy are indicated and, if so, for example, it bears or contains any sulting product to food-producing ani­ what the changes should be. Any pro­ poisonous or deleterious substance which mals. The processed material is a source posed changes will be announced in the may render it injurious to health (sec­ of protein and other nutrients; it there­ F ederal R egister, and the public will tion 402(a) (1) of the a c t); or if it is, or fore has economic value to the livestock again be invited to comment. bears or contains any food additive producer. Since nutrients provided in ani­ The specific purposes of this notice, which is unsafe within the meaning of mal waste may be less costly than those therefore, are to (1) identify issues re­ section 409 (section 402(a) (2) (C) of the from conventional sources, the feeding of quiring resolution with respect to the act). Among the acts prohibited by sec­ animal waste may ultimately provide feeding of animal waste, and invite sug­ tion 301 is the introduction or delivery economic benefits to the consumer. In gestions as to additional issues that for introduction into interstate com­ addition to contributing to the nation’s should be considered; (21 invite submis­ merce of adulterated food. Since very

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 NOTICES 64663 little animal waste intended for use in United States. The USDA and the EPA and are, therefore, subject to deteriora­ animal feed moves in interstate com­ have both conducted feeding studies and tion unless processed before storage. If merce, the effect of PDA’s announced have supported research through grants. the wastes are not processed artificially policy has been to leave regulatory ac­ Similar studies have been conducted in before they are stored, natural processing tion in this area to the states. several foreign countries, and England will occur, e.g., air-drying or anaerobic In 1972, USDA formed a task force has recently adopted a regulation which decomposition. A second reason is that composed of scientists from USDA, FDA, provides for the use of animal waste as a most wastes must be processed to be ac­ and the Environmental Protection feed ingredient (Ref. 2). ceptable to the consuming species (Ref. Agency (EPA), charging it with the re­ The research to date has demon­ 4). A third and related reason is that un­ sponsibility of updating USDA’s 1965 strated that animal waste contains nu­ less th€y are ensiled, the wastes must be policy position in view of technological trients that can be used either by the dehydrated before being mixed with dry advances which had occurred in the proc­ species that produces the waste, or by feed, to avoid the deleterious effects of essing of animal waste, and in light of other species. Due to high fiber content, high moisture on their components of the research findings as to the nutritional however, both ruminant and poultry diet. Finally, most farmers will insist on value of animal waste. The task force wastes are best utilized by ruminants processing before feeding, simply as a found that the feeding of animal wastes (e.g., cattle and sheep). Poultry waste means of disease control. Strict sa n ita ­ has potential for (1) recovery of nutri­ also contains uric acid, which can be tion control^ are utilized in most com­ ents, (2) reduction of costs of animal- readily used by ruminants, but not by mercial livestock and poultry operations; derived foods, and (3 > amelioration of nonruminants, as a source of nitrogen few managers would risk possible in­ environmental problems. The task force for synthesis of protein. troduction of disease into a feeding recommended that more research be de­ Animal waste is typically low in energy operation. voted to the development of processes content and as a result its use is limited The processes that have been used to by which certain animal wastes could to small amounts (25 percent or less) in treat animal waste range from simple be rendered safe and improved in qual­ high energy finishing or fattening diets techniques such as air-drying (animal ity for feeding purposes. Finally, the task for ruminants. However, grower or con­ waste is roughly 50 to 70 percent water) force recommended that priority atten­ ditioner diets for ruminaftts may contain to sophisticated mechanical systems. tion be given to health-related research larger quantities of waste. Various animal waste treatment proce­ to ensure that no animal or human Because poultry waste contains from dures, which have been tested or are in health hazard will be created by such 30 to 35 percent crude protein equivalent use at the present time on farms as prac­ use, and that processing systems be em­ (nitrogenX6.25), it may present an a t­ tical process methods, are as follows: (1) phasized which provide clear economic tractive alternative to conventional pro­ Dehydration (air and heat), (2) ensiling and nutritional benefits. tein supplements, e.g., soybean meal, es­ (alone or with other feedstuffs), (3) Because of the existence of the state­ pecially when prices of the traditional composting, (4) physical fractionation, ment that appears at 21 CFR 500.40 and protein sources are high. Ruminant (5) fermentation, (6) heat treatment, because of the growing interest in the wastes are lower in protein, but can be and (7) formaldehyde treatment. Other subject, the Commissioner, in 1974, di­ utilized as a source of fiber in the rumi­ processes, such as radiation pasteuriza­ rected the scientific personnel of the nant diet. Research has shown that poul­ tion and thermoradiation, have been Bureau of Veterinary Medicine and the try can utilize their own processed waste proposed. The Commissioner cautions, Bureau of Foods to review the various as a portion of the diet (Ref. 3). How­ however, that radiation of animal feed questions concerned with the feeding of ever, the high fiber and low energy con­ ingredients would be subject to separate animal waste and to determine whether tent of ruminant wastes make these regulation by FDA. recent scientific data and technological wastes unlikely candidates for inclusion Day (Ref. 5) reviewed several process­ advances reported in the scientific liter­ in poultry diets, since poultry normally ing methods used to produce dried poul­ ature supported a sanction by FDA of the are fed high energy diets. To date, swine try waste, wastelage and oxidation ditch- feeding of recycled animal waste. FDA’s wastes (aerobically processed) have been mixed liquor. Dried poultry waste from review has involved a considerable ex­ fed primarily to swine. Oxidation ditch- caged layers is produced by dryiiig the penditure of agency resources. It has mixed liquor (aerobically processed raw product at varying temperatures for identified a number of issues and has liquid taken from the surface of ditches varying time periods. Processing at high resulted in the compilation of a sub­ into which swine wastes have been di­ temperatures for short periods is pre­ stantial volume of information. However, rected) has been uitilized as a source of ferred for practical reasons, and results the review has also revealed a number of both water and nutrients for finishing in a granulated product with about 10 to deficiencies in the information needed swine, and finishing swine wastes have 15 percent moisture. Wastelage is pro­ to provide the required assurances of been re-fed to breeding swine. However, duced by mixing fresh cattle manure safety. Furthermore, additional informa­ only a limited number of studies have with hay or other common feed ingredi­ tion may be needed before the agency been conducted utilizing processed swine ents containing sufficient carbohydrates can adopt a regulatory control program wastes as feed ingredients for swine or to support an acid microbial fermenta­ which will allow restricted feeding of other animal species. tion, and ensiling the mixture. Oxidation animal waste. Therefore, the Commis­ Although data are not available, it is ditch-mixed liquor is a nutrient-rich sioner determined that this notice should known that the extent of feeding of ani­ drinking water obtained from aerobically be published, and that in the meantime mal wastes has increased in recent years. treated liquid wastes. Manure from a the agency’s present policy, as described It is also common knowledge that the confinement building is collected in an above, should remain* in effect. “recycling” of animal wastes has been oxidation ditch. The aerobic action of occurring naturally for many years (e.g., the oxidation ditch (an odorless process) II. T h e U s e and R e g u l a t io n o f A n im a l converts organic matter to single-cell W a ste as F eed swine following cattle in search of grain kernels that had not been metabolized, protein. Feeding tests have shown that A. HISTORICAL DEVELOPMENT OF ANIMAL chickens in barnyards, etc.). the crude protein content of the diet can WASTE FEEDING be reduced by 2.5 percent when the oxi­ B. PROCESSING METHODS USED dation ditch-mixed liquor is used as the Research in the use of animal waste as sole source of drinking water (Ref. 6). feed for animals began in the 1940’s. Several processes have been used to Three commercial methods of process­ Some of the first recorded research treat animal wastes so that they may be ing cattle wastes for re-feeding, the studies utilized poultry litter as a part of better suited for feeding livestock. It is Cereco, Corral, and Grazon systems, the ruminant diet (Ref. 1) and dried cow apparent that animal wastes intended were described by Day (Ref. 5). The manure in the diet of chicks (Ref. 68). for feeding are currently being processed Cereco and Corral systems involve com­ Since that time feeding studies using by both man-made and natural processes. plex, expensive equipment that limits animal waste as a part of the diet of live­ Animal wastes are ordinarily processed their use to large feeding operations. The stock have been conducted at most of the before use or storage for a number of Grazon system can be used for both small reasons. Wastes are produced continu­ and large- operations. In all three meth­ agricultural experiment stations in the ously in livestock and poultry operations ods, manure is collected frequently and

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64664 NOTICES processed before major losses of nutri­ The preamble to the resolution stated Any State which has adopted either ents can occur. J* that the disposal of dehydrated poultry version of the model bill and regulations In the Cereco system, manure is col­ waste and poultry litter has become an could, therefore, allow the use of this feed lected from the feedlot every 4 tcf 10 days economic burden on producers as well as ingredient in intrastate commerce. How­ by a self-loading truck that skims fresh an ever increasing environmental con­ ever, the Association of American Feed manure from the pens. The manure is cern, and when adequately processed Control Officials definition of dried poul­ then ground and unloaded into slurry such waste and litter are potential try waste is very restrictive, since it pro­ pits. After 24 hours in the pits, the slurry sources of economical nutrients. vides only for use of freshly collected is pumped into a liouid-solid separator An understanding of state regulation feces from caged layers not receiving and is then pressed. The resulting solid of livestock and poultry feed is useful in medicaments. Therefore, some States product is ensiled. The liquid portion considering state involvement in the con­ have promulgated specific administrative from the press is fermented to encourage trol of the feeding of recycled animal regulations, under existing statutory au­ the production of single-cell protein: it waste. All States except Nevada have a thority, providing for much broader uses is then dried, pasteurized, blended with commercial feed law; Nevada has only of dried poultry waste and for use of other feed ingredients, and pelleted. The a labeling law relating to animal feed. other types of animal waste as feed in­ pellets are suitable as cattle, poultry, or Many years ago, the Association of gredients. The States of California, fish feed. American Feed Control Officials Colorado, Mississippi, Washington, Ala­ In the Corral system, fresh urine and (AAFCO) developed a model state feed bama, and Virginia have promulgated manure are collected daily by a scraper bill and urged all States to adopt it specific regulations for animal wastes which operates underneath slotted floors through state legislative action. The As­ within the past several years, although in confinement buildings. The wastes are sociation of American Feed Control Of­ Mississippi has approved only caged agitated in a - holding pit, and then ficials also developed model regulations, laye^waste (DWP). In addition, Georgia, pumped into a mechanical unit that which the States were urged to adopt Florida, Oregon, and Iowa have started separates the large solids from the liquid. through state administrative procedures. registering DPW as a feed ingredient, The liquid fraction goes to a holding The model feed bill and regulations, if under authority of their previously exist­ pond for storage until it is applied to adopted, require all feed manufacturers ing feed laws, without adopting new crops for fertilizer by flood irrigation or to register their products with the State. regulations. by a sprinkler system. Solids from the The product labels are reviewed and ap­ press are moved from the separation unit proved or disapproved. The products are The States with specific regulations to be composted, ensiled, or treated by a sampled in the retail sales channels and have recognized two categories of animal pathocide process before re-feeding. analyzed in the state laboratories to wastes: (1) Those that are either col­ In the Grazon svstem, cattle manure determine if label guarantees are met. lected from animals that have been fed is frequently collected: a formaldehyde In 1970, the Association of American drugs, or that contain drug residues as solution is added and then mixed in a Feed Control Officials revised the model identified by testing; and (2) products truck or wagon to obtain “formulage.” bill and regulations to include feed mill that are free of drug residues in that the The treatment is designed to improve the inspection authority; authority over new wastes are collected from livestock and acceptability of the manure, to kill the animal drugs, food additives, and color poultry that have not been fed drugs, or pathogenic organisms, and to control additives, as defined in the Federal Food, have been tested and found to be free of odors. The "treated manure is then mixed Drug, and Cosmetic Act; and, by refer­ drugs. A 15-day withdrawal period (be­ with other feed ingredients and fed to ence, good manufacturing practices fore slaughter) has been established for livestock. regulations issued by FDA. All States use of the first category in Virginia. ) ... Mississippi, Washington, Alabama, and C. STATE REGULATORY INVOLVEMENT have adopted either the old or revised model bill and regulations. Colorado require a 30-day withdrawal The National Association of State De­ When a State enacts the model bill for the first category. California requires partments of Agriculture (NASDA) and promulgates the model regulations no withdrawal period for the first cate­ adopted the following resolution in 1976: gory, but specifies that the waste shall (either the original or revised models), not contain levels of drugs that could Pood remains an important concern to it also adopts the “Official Feed Terms” result in unlawful tissue residues or be consumers. It is imperative that every effort and “Feed Ingredient Definitions” as be made to reduce the cost of production. published in the AAFCO “Official Pub­ harmful to animals consuming the prod­ The use of animal waste properly recycled lication.” The Association of American uct. No use restrictions are placed on the and blended into livestock and poultry products not containing drugs except rations ‘ can extend our present supply of Feed Control Officials has a definition, that California does not provide for the grain for. feeding purposes. Scientists have 60.31, for dried poultry waste. The defini­ waste to be fed to lactating dairy ani­ estimated that approximately 1.7 billion tons tion is “tentative,” a category which al­ mals. Virginia, Georgia, Mississippi, of animal waste is produced in the nation lows use of the article if there is no official Washington, Alabama, and Colorado each year. This method of disposing of ani­ AAFCO definition. The provision of 60.31 mal wastes has a significant environmental is as follows: allow animal waste not containing drugs advantage. to be fed to laying hens and dairy cattle Resolved, That the National Association of Dried Poultry Waste (D.P.W.) is a product that are in production. State Departments of Agriculture in conven­ composed of freshly collected feces from com­ It should be recognized that the Asso­ tion in Phoenix, Ariz., November 18, 1976, mercial laying or broiler flocks not receiving medicaments. ciation of American Feed Control Offi­ continue its interest in the recycling of ani­ cials ordinarily does not publish a defi­ mal wastes and work through its Task Force It shall be thermally dehydrated to a with FDA to coordinate any Federal initia­ moisture content of not more than 15 per­ nition until and unless use of the article tives in this area. cent. It shall not contain any substances at thus defined has been sanctioned in Be it further resolved, That we recommend harmful levels. It shall be free of extraneous some manner by FDA. The Association to FDA tha1 it continue its posture of sci­ materials such as wire, glass, nails, etc. Thè of American Feed Control Officials has entific investigation and study toward the product shall be labeled to show the mini­ adhered to this policy so that feed in­ development of reasonable and acceptable mum percent protein, minimum percent fat gredients that comply with its definitions regulations and this include a joint effort and percent fiber. (Proposed 1973) NRC may be legally used interstate. As stated with the states, the industry and academia. 5-14-015. above, however, FDA’s current position is Policy No. DFD-2-A Sub. It may be used as an ingredient in sheep, that regulatory action will not be taken NASDA also adopted the following lamb, beef and dairy cattle, broiler and layer unless animal waste intended for use as resolution a year earlier : chicken feeds. Broiler and laying rations shall animal feed were found to be adulterated be limited to 20 percent and 25 percent under section 402 of the act and unless a Resolved, That the National Association of D.P.W. respectively. State Departments of Agriculture, in con­ violation of section 301 of the act had vention at Charleston, W. Va., October 9, Since the moisture content is limited occurred. Thus, the AAFCO definition, 1975, recommends that its member states as extended by several States, may not adopt appropriate regulations to recognize to 15 percent, the practical effect of the conflict with current FDA policy, at dehydrated poultry waste and poultry, litter definition is to require the drying of the least when the waste does not enter inter­ as a commercial feed. wastes by some processing method. state commerce.

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY. DECEMBER 27, 1977 NOTICES 64665

D. LOCAL VS. INTERSTATE CHARACTER OP USE In summary, it is expected that in the application to the land surface near the foreseeable future only limited amounts production site. Current trends in live­ Wastes collected from caged and of animal wastes will be transported stock production (e.g., concentration of floor-raised poultry, and wastes collected interstate. Such shipment will most large numbers of animals in feedlots, from feedlot cattle, Apparently are the likely be limited primarily to wastes dairy operations, and poultry facilities; primary sources of waste products cur­ from caged layers, which are not nor­ commodity specialization by producers; rently used as animal feeds. Based on mally fed drugs continuously. Further­ and geographic specialization of produc­ information currently available to FDA, more, because of the local nature of tion) have made it increasingly difficult swine wastes which have been utilized to animal waste recycling and the likeli­ and expensive to dispose of animal waste date have been re-fed to swine, but only hood that some of the recycling will be by land application, especially in view of on a very limited scale, and for the most done on an intr¿farm basis, it is prob­ the transportation costs involved. While part only on an experimental basis. able that much of the interfarm, intra­ land disposal remains the major prac­ Wastes from both caged and floor- state movement will be accomplished on tice, alternative methods of disposal are raised poultry have been utilized in diets a direct farmer-to-farmer basis rather needed for an increasing volume of waste. for beef brood cows, dairy cows (experi­ than through commercial marketing. Recycling of animal waste offers poten­ mentally) , dairy and beef growing stock, tial economic and environmental bene­ III. E c o n o m ic and E nvironmental and fattening cattle. Caged layers nor­ fits to both producers and consumers. mally require only periodic medication; C onsiderations their waste when dried contains about Nearly two billion tons of solid waste, A. ECONOMIC CONSIDERATIONS OF RECYCLING 30 percent crude protein equivalent, and including bedding material, are produced ANIMAL WASTE about 9 percent calcium and 2 percent each year by farm animals. Much of this 1. Nutritional properties of animal phosphorus. Such waste, therefore, is total cannot be used economically for waste. The nutrients inherent in animal considered by many scientists to be a recycling through livestock, because of waste have traditionally been used in the suitable protein and mineral source for factors such as widespread dispersion of production of crops for animal and hu­ the ruminant animal and has potential the waste over farm and range land, and man consumption. Data produced during for movement in interstate trade chan­ distance from both waste processing cen­ nels. For example, wastes from caged the last decade demonstrate clearly that birds might be shipped to areas engaged ters and the livestock which are potential animal waste also possesses nutritive in finishing cattle for market if the costs consumers of the recycled animal waste value for food-producing animals (Ref. for drying and shipping do not make the materials. A significant amount of the 9). Table 1 provides a brief analysis of waste economically noncompetitive with waste can, however, be utilized as animal the nutrient composition of typical ani­ other protein and mineral supplements. feed. This portion has been estimated mal wastes. The paper by Bhattacharya The value of the waste product as feed from livestock and poultry numbers pro­ and Taylor (Ref. 9) gives a more com­ is estimated to be from $6 per ton un­ vided by the USDA to be 143 million tons plete description of the nutrients present processed to $110 per ton when de­ annually on a dry basis (Ref. 8). in animal waste, including trace min­ hydrated (Ref. 7). The traditional method of disposing of erals, vitamins and other nutrients es­ In contrast to cage-raised poultry, livestock and poultry wastes has entailed sential for animal health and growth. floor-raised poultry often have a coc- T able 1.—The nutrient composition of some typical animal wastes'- cidiostat added to their diet, so the litter material can be expected to con­ [In percent] tain one or more drugs. Waste collected Type of animal waste from floor-raised birds has about the Item same nutrient value for the ruminant as Laying hens Broiler Beef steer Dairy cow that" collected from caged layers. It is litter usually ensiled, or dry stacked (piled either outdoors or in open sheds and Crude protein. 28.0*3.2 31.3=** 2.9 20.3*0.7 12.7*0.9 Tme protein 3. 11.3*1.4 16.7*2.4 .. 12.5 allowed to undergo a natural heating Crude fiber__ 12.7*1.7 16.8*1.9 .. 37.5 process). It is readily consumed by Crude fat-...... 2.0*0.5 3. 3*1.3 .. 2.5 Ash...... 28.0=1=1.5 15.0*3.2 11.5 16.1 ruminant animals if processed by either Calcium -...... 8.8*1.1 2.4*0.9 .9 .. dry stacking or ensiling. Phosphorous -. 2.5=^0.6 1.8*0.4 1.6 .. However, waste from floor-raised poultry is a bulky material due to the > ValuMfobtained from the following sources; References 9, 14, 15, 42, 61-68, and 68. content of litter materials (usually wood 2 Mean ± the standard deviation of values expressed on a dry weight basis. shavings or peanut hulls) and to date 3 Reference 67 has been used only locally because of its Animal waste derived from several sheep (Ref. 16), and gestating-lactat- bulk. Therefore, it is not expected that species has been evaluated as a feed in­ ing ewes (Ref. 1). wastes from floor-raised birds will be gredient for animals. The material has There appear to be limits as to the utilized except to a very limited extent iri been shown to be especially useful in amount of animal waste that can be in­ cattle finishing diets because the areas the diets of ruminant animals, which corporated into animal diets without of the country that produce floor-raised can more effectively utilize the fiber and loss of efficiency, however. In feeding poultry characteristically have few nonprotein nitrogen contained therein. trials conducted by Fontenot and co- slaughter cattle that have been fed in The products of the Cereco system, dis­ workers (Refs. 15 and 17), steers con­ feedlots. Furthermore, since such cussed above, have been shown to have suming a 25-percent broiler litter diet wastes are low in energy content they feeding value; the roughage product has had comparable performance (rate of are limited to 25 percent or less of a a feeding value comparable to corn weight gain, feed efficiency, and car­ high energy fattening diet being fed to silage, and the protein substance has cass quality) to steers consuming the animals before slaughter. Therefore, been tested successfully as a protein control (no litter) diet. However, feed­ even if wastes from floor-raised birds supplement f&r cattle (Ref. 10). ing a 50-percent broiler litter diet re­ were transported to cattle feedlots, the A number of studies with dried poul­ duced both feed intake and performance prospect of occurrence of drug residues try waste suggest that considerable of the animals. in the carcasses is lessened because of amounts (20 to 40 percent) can be in­ Steers fed a diet containing 40 per­ limited consumption due to dilution by cluded in the diets of sheep, steers, and cent processed cattle manure made ac­ other feedstuffs. cows as an energy and protein source ceptable gains, according to Anthony Cattle wastes are bulky materials and (Refs. 11 through 14). and Nix (Ref. 18). Anthony (Ref. 19) have typically been re-fed to cattle in Broiler litter, another type of poultry presented two approaches: mixing the same vicinity. Thus, cattle wastes are waste, has been shown through research whole feedlot manure with a concen­ not expected to enter interstate commer­ to be valuable as a protein supplement trate, or ensiling feedlot manure and cial trade channels. for feedlot cattle (Refs. 15 and 17), Bermuda grass hay to produce a fer-

FEDERAL REGISTER. VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64666 NOTICES merited product called “wastelage.” stock or poultry operation to another. soil; otherwise leaching or runoff will oc­ Feeding the former mixture proved un­ There appears to be no general agree­ cur. The amount of nitrogen that can be successful, as judged by weight gain and ment as to the proportion of the nation’s utilized will probably be the limiting fac­ carcass grade. However, the latter mix­ farms that present a pollution threat tor, and a safe disposal program will ture resulted in satisfactory perform­ because of animal waste. For instance, limit the application to 10 to 20 tons of ance. one authority has stated that less than large animal manure (or 5 to 10 tons of 2. Economic considerationsA de­20 percent of the manure produced by poultry manure) per acre per year (Ref. 24). tailed economic analysis of the use of livestock and poultry farms can be con­ Alternatives to crop land disposal, be­ animal waste as an animal feed ingredi­ sidered a pollution threat, and that sides processing and feeding to animals, ent has not been made by FDA. Any probably less than 1 percent is actually such analysis would have to take into include converting the manure to meth­ polluting surface or ground water (Ref. ane gas and composting it to develop account not only the costs of and re­ 21). On the other hand, a USDA spokes­ turns from feeding processed waste in products useful to home gardeners and man has stated that 22 percent of the to industry. If the manure is utilized for comparison with other feed ingredients, swine operations in the leading swine- but also the feasibility and economics energy (gas) production, the remaining producing States have problems con­ digested manure is available for use in of alternative systems for waste utiliza­ trolling surface water runoff; 26 percent tion. Costs associated with recycling the animal diets or for land application. waste include those for processing, of the feedlot beef operations in the 18 Thus, recycling animal wastes may be transportation, and storage. major feedlot States have surface water helpful in controlling water pollution, es­ The costs of animal feed ingredients pollution potential; and about 40 percent pecially if the system utilized for re­ increased dramatically in the first half of all dairy farms iin the 48 contiguous cycling the wastes controls feedlot runoff, of the 1970’s. This led to accelerated in­ States will have to install new runoff con­ and if waste that would otherwise be terest in the recycling of animal waste, trol facilities (Ref. 23). spread on land in excessive amounts is because of the cost savings that could be Water pollution from livestock pro­ recycled instead. Recycling animal wastes realized by substituting processed ani­ duction operations can be caused by (1) is also consistent with the view that an mal wastes for more expensive ingredi­ runoff into streams, lakes or ponds, or (2) ecologically oriented society must utilize ents in animal feeds such as conventional leaching of nutrients into drainage tiles its wastes as resources rather than treat protein supplements or grains. Since the or subsurface waters. The results can be them as useless materials to be discarded. use of animal waste as a component of contamination of human water supplies Animal waste is also a source of air animal feed has the potential for de­ and recreation sites, and the aquatic pollution. Air pollution caused by am­ creasing the cost of producing food from habitat of fish and wildlife. Both runoff monia, amines, mercaptans, and other animals, such practice may contribute and leaching can occur either in the vi­ gases would be markedly reduced where to lower consumer prices. In some in­ cinity of the feedlot or in fields where fresh wastes are collected and processed stances, however, savings may be real­ the wastes have been spread. because such gases are produced pri- ized only at those times when shortages tnarily after the natural bacterial decom­ Animal wastes contain the major fer­ position process begins of traditional sources of animal feed in­ tilizer nutrients—nitrogen, prosphorus, gredients occur, and prices for these potassium and sulfur—as well as many IV . H u m a n H e a l t h and A e s th et ic s commodities are high enough to make minor nutrients. From a pollution stand­ A. HEALTH CONSIDERATIONS the feeding of recycled animal waste point, nitrogen causes the greatest con­ economically attractive. cern, since it occurs in large quantities, 1. Introduction. Processed animal The economic analysis of recycling is highly mobile (if in nitrate form), and wastes intended for recycling could con­ animal waste must also include a com­ can be caried either in runoff or percolat­ tain viable microorganisms that are parison with alternative waste manage­ ing water. Nitrogen initially occurs in pathogenic for man; drug and drug ment systems (Ref. 20). Most important livestock waste in the ammonium or inor­ metabolite residues; toxic elements and among such alternatives is application ganic nitrogen form, but may be con­ other contaminants of natural and in­ of the waste on land, for use as fertilizer. verted to the mobile nitrate form by dustrial origin; and pesticides and other Such applications are among the least environmental contaminants. In addi­ expensive methods for utilizing waste. microorganisms. Nitrogen that is bound tion, processed animal wastes could con­ However, larger operations may lack suf­ in organic matter will also cause pollu­ tain end products of metabolism, some of ficient land for utilization of all the tion if the organic matter is carried in which are known to be toxic; however, wastes produced. surface runoff, since the nitrogen will the nature and mode of action of most To the extent that waste recycling is subsequently be changed to nitrate form. of these compounds have not been ex­ adopted, the land and resource? neces­ Phosphorus from animal wastes will en­ tensively investigated. sary for other methods of waste utiliza­ ter surface water when the capacity of Conventional animal feed ingredients tion wll be descreased. Also, to the ex­ the soil to fix and immobilize phosphorus can and do contain many of the fore­ tent that recovery of nutrients through is saturated (Ref. 22). going substances. But certain of these recycling of animal waste occurs, the While water pollution arising from biological and chemical agents are cause practce could result in a decrease in animal wastes has yet to be identified as for separate concern because they are the acreage devoted to production of a critical national problem, the sheer vol­ not likely to occur in traditional animal crops for animal consumption with an ume of wastes produced and the in­ feed ingredients, or because they occur expected concomitant increase in acre­ creased concentration of livestock feed­ at lower levels. If ingested by animals as age available for production of food ing operations, along with localized prob­ contaminants of animal feed, such sub­ and fiber for direct human use. lems which have been reported, have re­ stances may result in the transmission sulted in an acceleration of efforts to of infectious disease to humans or in the B. ENVIRONMENTAL CONSIDERATIONS control such pollution. The Federal development of chronic or acute human The concentration of large numbers Water Pollution Control Act Amend­ toxicity. Moreover, recycling of animal of animals on relatively few acres pre­ ments of 1972 (33 U.S.C. 1251 et seq.) waste may enhance the possibility of bio- sents special problems of water pollu­ specifically identify concentrated animal accumulation of potentially harmful tion, due to percolation of nutrients into feeding operations as “point sources’* for contaminants. the subsoil or entry of wastes into sur­ which specific controls are to be devel­ 2. Discussion of individual classes.—a. face waters. Recycling the nutrients con­ oped in the near future. The Best Prac­ Microbiological contaminants. Informa­ tained in animal waste is one of the al­ ticable Control Technology Currently tion is available on the mode and extent ternatives that can help limit the extent Available required by the Federal Water of transmission of pathogenic microor­ to which such problems occur. Pollution Control Act Amendments is ganisms from animals to man (Ref. 25). Although in the aggegate very large widely believed to be land application It is difficult to determine whether the quantities of animal wastes are produced (Ref. 22). However, the application must transfer is any more pronounced in each year, the extent of the environmen­ be made at such a rate that the nutrients waste feeding than when grain and other tal impact varies widely from one live­ can be utilized by crops or fixed by the conventional feed ingredients are fed to

FEDERAL REGISTER, VOL. 42, NO. 248—-TUESDAY, DECEMBER 27, 1977 NOTICES €4667 animals. Estimation of the increased risk In general, information on the nature ucts will depend on the geographic loca­ to man, if any, from eating animal prod­ and levels of drug-related residues in ex­ tion and the practices used in growing ucts from animal fed wastes is difficult creta is not required as a condition of the crops. Levels of mercury in fish meal because of limited data on the subject. approval for a new animal drug applica­ will depend on source and species of the There are natural concerns for the tion, although some information of this fish used. In general, the levels of these types and levels of microorganisms pres­ type may have been developed by spon­ elements normally present in animal ent in animal waste when the waste is to sors. Also, because considerable differ­ feeds are not sufficiently high to cause be fed to food-producing animals. How­ ences in metabolism and drug retention concern for animal health, nor are they ever, animals normally support a wide may exist from one animal species to likely to result in unacceptable residues variety of microorganisms in their intes­ another, such information, when it is in meat or meat products. tinal tract and these microflora consti­ available on the species of intended use, However, because certain heavy metals tute a large proportion.of the waste mat­ would be of limited value if waste from such, as lead, inorganic mercury, and ter. Under conditions in which waste is medicated animals were fed to an “un­ cadmium appear to be poorly absorbed cycled back through the same animal approved” species. The approved use of by animals, there is a potential for these population, the microorganisms present certain medicated feeds is made possi­ metals to exist at higher levels in ani­ in the waste would either be those pres­ ble by the imposition of a withdrawal mal waste than in conventional feed in­ ent in the feed or those already estab­ period for many, drugs that permits de­ gredients. The reason is that a large lished in the group of animals. Thus, pletion of drug residues to levels that proportion of the ingested feed is ab­ fresh waste normally contains those par­ are safe for human consumption. The sorbed, and almost all of the unabsorbed ticular microbiological species native to withdrawal period is enforced by the use elements initially present in the feed are, the animals which produced the waste. of analytical procedures specifically de­ therefore, concentrated in a relatively Moreover, animal waste would, for prac­ signed to monitor tissue residues result­ small amount of fecal matter. Thus, re­ tical reasons, be treated by heat or oth­ ing from a particular drug use. This cycling of waste, especially over multi­ erwise processed before being fed, there­ monitoring program, which is conducted ple cycles, could result in significant in­ by destroying most if not all microorga­ by the USDA is not at present specifically creases in the levels of these elements,in nisms in the waste. designed to monitor tissue residues from feed' derived from animal waste, and b. Residues of drugs and their metab­ animals fed waste produced by other could contribute to a ' concomitant in­ olites. Some animal wastes do not con­ animals that may have transformed the crease in the residues of these elements tain drug residues because the animals drug into metabolites with undetermined in the tissues and organs of animals fed have not been administered drugs. How­ physical and biological properties. the recycled waste. In addition, it is pos­ ever, several studies have demonstrated Although the several studies cited sible that increases in the levels of resi­ that animal waste derived from animals above measured drug residues in waste, dues of these elements in the tissue may that have been medicated, or that have these studies focused on parent drug occur because of (a) species differences, consumed medicated feeds, contain resi­ compounds and did not take into account i.e., the element of concern may be more dues of the drugs (Refs. 26 through 31). the possibility that the major part of the readily absorbed in a second species, Although these cited studies provide some residues may be drug metabolites. Al­ and (b) the fact that, as a result of information, the nature and amounts of though in many cases, the drugs will metabolism or digestion, or because of drug residues in waste generally are not have been largely biotransformed by the heat, chemical or other waste treatment, known. Also, the effect that processing first species into metabolites of less toxi­ the element may be converted into a form bf waste might have on the residues of cological concern, this will not always be that is more readily absorbed. durgs or their metabolites is not known. so. Furthermore, there is a possibility One study has shown that bioconcen­ A study by Webb and Fontenot (Ref. that bioaccumulation of parent drugs or tration may occur with potentially toxic 26) revealed that litter collected from metabolites, or a combination thereof elements in an animal’s waste, com­ broiler chickens treated with penicillin, (see discussion of heavy metals, below), pared to the levels in its feed (Ref. 34). Oxytetracycline, Chlortetracycline, am- may occur in the waste. This possibility On the other hand, a study in poultry prolium, or nicarbazin contained signifi­ should be considered in formulating has shown that continuous recycling of cant quantities of residues of these drugs, diets that include animal waste as an waste for 33 cycles over a period of 400 while litter from birds treated with neo­ ingredient. Finally, data are available on days did not result in increased levels of mycin or zinc bacitracin did not contain a relatively few drugs and, therefore, are mercury, copper, and zinc in tissues and detectable amounts of unchanged drug. not available on a wide enough spectrum excreta (Ref. 35). Furthermore, the authors reported that of drugs in terms of absorption and Potential problems exist with regard the edible tissues of beef cattle fed drug metabolism characteristics. In summary, to the toxic elements lead, cadmium, and residue-containing chicken waste at 25 the data that are available do not resolve mercury, which are known to accumulate and 50 percent of their total diet bore all of the questions of human safety that to some extent in muscle tissues and/or measureable (although not violative) are raised by the possibility of occur­ edible organs of animals when absorbed. levels of one of these drugs, Chlortetra­ rence of residues of drugs and drug Exposure of food animals to increasing cycline, even when a 5-day withdrawal metabolites in recycled waste. levels of these toxic elements could re­ period before slaughter was observed. c. Toxic elements, contaminants of sult in excessive residues in edible tissues. Also, no attempt was made to determine natural origin, and pesticides.—i. Toxic Other elements such as arsenic and se­ whether metabolites of any of the drugs elements. FDA is concerned about the lenium are known to be depleted from were present in litter or tissues. entry of toxic elements into the food edible tisues of animals following with­ Additional information is required to chain. This concern is based in part on drawal from exposure, and are less likely assess the fate of residues of drugs and the possibility of increases in concentra­ to cause toxicological problems. It should their metabolites when drug-containing tion of toxic elements in edible animal be noted also that muscle tissues, which wastes are fed to animals, especially when tissues so as to affect the safety of the constitute virtually all of the edible tis­ the drugs have not been approved for tissues for human consumption. The sues of food-producing animals, are rela­ the species being fed the wastes. If drug- toxic elements of greatest concern are tively poor accumulators of the five ele­ containing wastes are fed to species for mercury, cadmium, lead, arsenic, and ments of concern. On the other hand, which use of the drug is approved, the selenium. higher than normal concentrations of occurrence of illegal levels of residues is Conventional feed constituents may these elements in milk and eggs, which likely to be detected through regulatory contain unavoidable traces of toxic ele­ represent significant portions of the hu­ monitoring programs. However, if drug- ments derived from the environment man diet, are possible. containing wastes are fed to species for (Ref. 32). For example, fish meal may In summary, it is possible that biocon­ which use of the drug is not approved, contain mercury and arsenic, and plant centration and biotransformation of occurrence of illegal residues might not products may contain cadmium*, lead, toxic elements occur in animals so that be detected because regulatory monitor­ and selenium. Levels of these elements in higher levels would be found in waste ing designed to detect such residues may animal feed are variable (Ref. 33). For compared to other feed ingredients. Ad­ not be performed. instance, the levels present in crop prod­ ditional information on the levels and

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64668 NOTICES and chemical forms of toxic elements in residues in animal waste are not ex­ mals have generally shown that those traditional animal feed components, pected to be any greater than they are at fed waste as part of their diet grew at such as grain and tankage, as well as in­ present as a result of residues on tradi­ rates comparable to control animals formation concerning the effect of re­ tional animal feeds and feed ingredients. that had not been fed waste. Some of peated recycling of waste on the levels However, additional information may be these experiments have been designed and chemical forms of such substances, needed to determine whether controls re­ specifically to identify and measure the therefore^ is needed. These studies should lated to the use of disinfectants in live­ effects of potentially harmful substances, clarify, and assist in the evaluation of, stock and poultry sanitation programs— while in other studies this information the effects of animal waste re-feeding where the disinfectants are applied to, or has been obtained incidental to perform­ upon tissue residues of toxic elements. in the vicinity of, wastes that are in­ ance studies. The fact that numerous ii. Use of “toxic elements” as drugs. tended for feeding—are needed. experimental animals in different locali­ Arsenic compounds are commonly used Furthermore, if it becomes a practice ties have maintained a high level of as medication for broiler chickens, and to use pesticides directly on waste to con­ production while receiving diets that significant levels of arsenic residues nor­ trol insects, fungi, etc., during its pro­ contain waste derived from various mally occur in the poultry waste. The cessing, storage, or use as feed, it will be sources and processed by varying meth­ rapidity of metabolism of arsenic in necessary to establish tolerances for ods is strong evidence that few animals ruminants has not been fully established, pesticide residues on waste. It will also be health problems may be expected from although it is possible that arsenic is necessary for sponsors of future pesticide the feeding of animal waste to animals. rapidly excreted, as is know to be the petitions to considere the effects of resi­ This is particularly true when the wastes case in other animal species. Additional dues of their product in animal waste. are processed as discussed in this section studies need to be conducted in this area 3. Summary. Although experience toand in sections II and VI. date has provided no evidence that use of (Ref. 28). animal waste as animal feed presents B. INDIVIDUAL CLASSES iii. Other toxicants of natural origin. hazards to human health (Refs. 43, p. 1. Disease-producing organisms and The accumulation of contaminants of 1273), the available information is not parasites. From the experience to date, natural origin other than toxic elements adequate to lay to rest reasonable con­ no direct disease-related problems have that may be expected to be found in cerns about the proposed practice. The been reported from including poultry animal waste may also be of concern. possible transmission of pathogenic manure in practical diets for beef cattle, Limited data are available concerning microorganisms to man, the likelihood sheep, and dairy cattle; feeding cattle the levels and toxicological significance that residues of drugs and their metab­ manure to cattle and chickens; feeding of such compounds as hormones, prod­ olites would occur, and the possible ap­ caged layer manure to layers; or feeding ucts of cellular decomposition, and my- pearance of residues of other deleterious swine manure to swine, according to a cotoxins—all of which may be expected substances indicate the need for addi­ review of the literature made by Fonte­ to occur in animal waste. There is no tional research. not and Webb (Ref. 43). particular reason to believe, however, With respect to parasites, Johnston et that the presence of these substances in B. AESTHETIC CONSIDERATIONS al. (Ref. 44) fed 24 beef halves diets con­ waste would be any more of a contamina­ The Commissioner relaizes that many taining three levels of dried feedlot tion problem than in traditional feed- individuals might find feeding of animal wastes (0, 10, and 15 percent). Signifi­ stuffs, which may contain similar waste to food-producing animals to be cant numbers of parasites were recovered amounts of such substances (Refs. 31, 32, repugnant based on aesthetic rather than from only a few animals, and the dis­ and 45). safety considerations. It must be recog­ tribution of parasites suggested that iv. Mineral supplements. Mineral sup­ nized, however, that coprography (the there was no association with the con­ plements include a large group of eating of excrement) is natural among sumption of feedlot wastes. elements that are considered essential for many wild and domestic animals. In As discussed in section VI, studies have animal health (Ref. 36). These elements addition, placing swine or poultry in shown that proner processing and han­ include so-called “major” elements from feedlots or on pasture following steers in dling may substantially reduce or elimi­ a nutritional standpoint (e.g., calcium order to recover nutrients from beef nate disease-producing organisms and and phosphorus), and “minor” elements waste is standard animal management parasites that occur in animal waste. (e.g.. manganese and iron). The feeding practice on some farms. For some time, it 2. Mycotoxins, heavy metals, and other of waste could result in the addition of has been FDA policy to allow diversion substances. Mvcotoxin contamination of variable amounts of these mineral sup­ of rodent- or bird-contaminated human animal excreta should not be exoected plements to animal feeds, and could food to feed for food-producing animals to be any greater problem than is the cause undesirable residue levels in edible following heat treatment appropriate to problem of mvcotoxin contamination of animal tissues (Refs. 37 and 38). How­ destroy microorganisms that may have ever, any nutritional imbalance caused grains, provided that animal wastes are an adverse effect on animal or human stored and processed under conditions by the use of animal waste will most like­ health (Ref. 40). ly be corrected by proper feed formula­ whereby fungal growth and toxin pro­ Finally, it should be noted that studies duction is prevented. Studies of fungal tion. For example, feed formulation could have shown that feeding animal waste be based on periodic sampling, or on the mycotoxins in feed and poultry litter by to food-producing animals did not cause Lovett (Ref. 45) showed that the feed mineral content listed in nutrient com­ a change in the composition of edible position tables and other published contributed all but 2 of the 13 toxigenic tissues, and that the palatability and ac­ fungal cultures isolated from the litter. sources. ceptability of meat from animals fed v. Pesticides. Several studies have de­ There have been a limited number of processed waste were found not to differ published reports of adverse effects on tected residues of pesticides or their from control animals (Refs. 3, 15, 41, metabolites in animal wastes (Refs. 15, animal health and nutritional status 39, and 43). However, a study by Fonte­ and 42). when wastes have been fed to farm ani­ not et al. (Ref. 15) found no difference V. Animal Health Considerations mals. A marked copper toxicity was ob­ served in sheep (which are more sensitive in pesticide residues in liver and fat from A. INTRODUCTION sheep fed broiler litter, compared with to high copper levels than other farm control animals and the levels in both Considerable research has been de­ animals) that had been feed diets con­ groups were low. voted to evaluating potential health haz­ taining either 25 or 50 percent broiler Effects of biodegradation and bioac­ ards to animals that might result from litter for 137 days (Ref. 38). Griel et al. cumulation in tissues should serve to feeding animal waste. These potential (Ref. 46), reporting on a clinical experi­ reduce the amount of indirectly added hazards include disease-producing or­ ence on one farm, observed abortions in pesticides in animal waste to a level ganisms and parasites, mycotoxins, toxic beef cows that had been fed a diet con­ below that in the original feed ingredi­ metals, and other substances; they are taining poultry litter which was thought ents ingested by the animal. Therefore, discussed in greater detail below. As de­ to .contain excessive auantities of unless these chemicals are added directly scribed elsewhere in this document, estrogens. The chickens had been treated to the waste, problems with pesticide feeding tests with food-producing ani­ with an estrogenic hormone, dienestrol

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 NOTICES 64669 diacetate, the use of which has since been and found from less than 1 to 34,000 Sal­ moisture) greatly reduced coliforms and discontinued. The exact mechanism monella per gram (on a dry weight total bacterial counts compared to values causing the reproductive problems was basis) in 8 of 12 fresh samples of excreta for the nonfermented product. not established; however, the authors and from less than 1 to 148 Salmonella Day (Ref. 5) reported on use of the suggested that a hormone imbalance was per gram (on a dry weight basis) in 3 Grazon system which utilizes a formalde­ involved. of 6 samples of old excreta. Since higher hyde solution to kil pathogenic orga­ Smith et al. and Lindahl et al. (Refs. concentrations were found in caged hous­ nisms. Data collected indicate that treat­ 47 and 48) compared pelleted diets con­ ing than in floor-raised housing, the au­ ment of cattle waste with a 0.74 percent taining either dehydrated diary cattle thors concluded from the data that cage formaldehyde solution destroys micro­ manure (38.5 to 95 percent of the diet, housing may promote the shedding of bial activity and prevents mold growth depending on the treatment group) or Salmonella. for a minimum of 3-months. alfalfa for breeding and gestating ewes. In a study of poultry litter, Lovett et Several studies have been designed to The high-level manure diets did not al. (Ref. 54) examined samples of wood- study inactivation of parasites. Ciordia satisfy the nutrient requirements of ewes chip litter from four farms over a 12- and Anthony (Ref. 59) reported on the during late pregnacy, and abortion rates week period. The litter from all farms inactivation of all larvae of three gastro­ were high in these groups. The problem contained species from the Citrobacter intestinal nematodes after infected feed- was solved by these researchers by (a) group. Salmonella arizonae was isolated lot manure and hay were ensiled in Har- adding straw to the diets to provide bulk, from three of the four farms. On one of vestore silos for 4 weeks. these farms, Salmonella arizonae did not Mycobacteria such as M. avium, M. in- which slowed the rate of passage of the appear until after 9 weeks of litter use. tracellulare, and the anonymous group of material through the digestive system, When it appeared, the concentration was mycobacteria are of particular concern thus allowing for more complete rumen 10" per gram of litter and the appearance because they can cause tuberculosis in fermentation and eventual absorption coincided with an elevated mortality animals and in man. Some data are of nutrients; and (b) correcting the rate in the poultry which were produc­ available on the inactivation of mycobac­ mineral imbalance by changing the ing the waste. Both the elevated mor­ teria by heat (Ref. 60) ; however, very amounts of phosphorus and magnesium tality rate and Salmonella arizonae iso­ little is known about the presence or per­ added'to the diets (Refs. 49 and 50). lates continued for the remainder of the sistence of these microoranisms in un­ Available scientific information indi­ sampling period. The study does not heated animal waste and in animal waste cates that such adverse nutritional indicate the source of the Salmonella in­ that has been ensiled. effects of waste feeding can be controlled fection, but appears to demonstrate that In consideration of all these factors, by proper diet formulation. It is possible wastes containing high levels of Salmo­ the Commissioner concludes that some that information adequate to allow live­ nella may be accompanied by overt signs form of processing is probably required stock producers to avoid such nutrition- of infection in poultry. for the elimination, or reduction to safe related problems could be provided The heat resistance of Salmonella in levels, of pathogens in waste before its through educational programs such as poultry litter has been studied by Messer use as animal feed. As noted above (sec­ those conducted by the cooperative ex­ et al. (Ref. 31). In these studies a treat­ tion II.B.), animal wastes are normally tension services in each of the States. ment of 63° C for 60 minutes killed all processed before re-feeding. It is not known, however, whether all methods VI. W aste P rocessing Methods S. typhimurium and S. pullorum in woodchip litter containing 24 percent currently being used result in the elimin­ Unprocessed animal waste may harbor moisture and in corncob litter with 17 ation or reduction to safe levels of all parasites (such as Ascaris), bacteria percent moisture. pathogens. As discussed above in this sec­ (such as Mycobacterium), fungi (such as Other studies regarding Salmonella tion, there are indications that some Candida)-, and viruses (such as influ­ content have involved composting and methods currently used do result in prod­ enza) which, singly or in combination, ensiling. Salmonella have been found to ucts that are free of many microorgan­ are animal and human pathogens. To multiply under certain conditions of tem­ isms. Nevertheless, specific parameters minimize the possibility of animal disease perature when sludge was composted by for suitable processing techniques are not and the consequent threat to human . windrowing (Ref. 55). On the other hand, available to FDA at this time. An outline health, it appears to be necessary to sub­ a report by Whipple (Ref. 56) indicated of research needed in this and other areas ject waste used as feed to treatment that that poultry litter became negative for of human safety is provided in section would destroy these pathogens, or reduce Salmonella at the end of a 7-day ensil­ VIII.C. their occurrence to levels that do not ing period. VII. Legal Considerations present health concerns. Because most McCaskey and Anthony (Ref. 57) com­ Since this notice does not incorporate pathogens are fairly sensitive to drying pared the survival of Salmonella inocu­ and heating, it seems probable that these e. specific proposal, the following dis­ lated in an ensiled manure-feed mixture cussion represents a preliminary legal attributes could be used as a basis for containing 45 parts ground shell com, developing effective processes. For in­ assessment, and is provided for back­ 15 parts corn silage, and 40 parts of ground information and for comment. stance, processing at 65° C for 15 to 30 manure from beef steers confined on minutes will eliminate most known path­ concrete with the survival of Salmonella It is subject'to modification and/or elab­ ogenic organisms that might be of con­ inoculated in a manure slurry. Follow­ oration following assessment of the com­ cern. ing 3 days of storage at 25° C, 25 of 27 ments received in response to this notice, Some research information exists inoculated samples of the manure slurry and the formulation of proposed regu­ which indicates that animal wastes may contained surviving Salmonella, but no latory action, if any. be made free of many microorganisms by survivors were found in the 27 inoculated A. JURISDICTION proper handling and processing, i.e., en­ ensiled manure-feed mixtures. In a 4-day siling, composting, heat-treating, and study, dramatic reduction of other micro­ The FDA’s jurisdiction over animal chemical-treating (Refs. 9, 43, and 51). bial populations occurred, approximately feed ingredients derives from several sec­ Several studies have reported on the 17-fold for yeast and mold and 800-fold tions of the Federal Food, Drug, and presence of Salmonella and on the effects for coliforms. Further studies by these Cosmetic Act (21 U.S.C. 301 et seq.) : of various treatments on Salmonella investigators have shown that acid pro­ Section 201(f) defines “food” to include content. Strauch and Mueller (Ref. 52) duced by bacteria in the ensiled manure- “articles used for food or drink for man reported that fresh manure from caged feed mixture is highly inhibiting to Sal­ or other animals.” Section 402 states that layers rapidly undergoes a process of monella. A pH range of 4.0 to 4.5 or lower a food shall be deemed to be adulterated “autosterilization” with respect to Salmo­ and a temperature range of 25 to 35° C if, among other things, it bears or con­ nella. Kraft et al. (Ref. 53) tested excreta in the silage were responsible for reduc­ tains any poisonous or deleterious sub­ from 91 poultry houses and found 29 tion in organism populations. stance; or if it is, or it bears or contains, percent positive for Salmonella. The au­ Studies by Caswell et al. (Ref. 58) any food additive which is unsafe within thors also reported testing fresh arid old showed that ensiling broiler litter with the meaning of section 409 of the act. samples of excreta from caged poultry high-moisture corn grain (26.3 percent Section 403 defines misbranded food, and

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64670 NOTICES section 512 provides for regulation of intended for use as animal feed: (1) ulatory action will not be taken unless new animal drugs, as well as regulation regulate only such waste which is animal waste intended for use as animal of animal feeds that contain new animal shipped in interstate commerce; (2) feed were found to be adulterated under drugs. regulate such waste which is shipped in section 402 of the act. Although an animal feed or animal interstate commerce as well as that sold To minimize the difficulties of proving feed ingredient may be adulterated or commercially in intrastate commerce; adulteration in each case, FDA could misbranded within the meaning of the or (3) regulate all such waste, whether propose to declare recycled animal waste or not it is sold commercially interstate to be a food additive. Alternatively, the act, a violation of the act does not occur or intrastate. As a matter of discretion, agency could propose to affirm the sub­ unless an interstate commerce element the agency may not wish to regulate in­ stance as GRAS (generally recognized is present. For instance, “the introduc­ trastate recycling of animal waste, espe­ as safe), as defined in section 201 (s) of tion or delivery for introduction into in­ cially when the waste is not sold com­ the act, if processed in accordance with terstate commerce of any food * * * that mercially. For example, there may be specified standards. is adulterated or misbranded,” and the practical reasons, relating to the diffi­ Declaration that the recycled animal causing thereof, are among the pro­ culty of regulation, why effective federal waste material is a food additive could hibited acts listed in section 301 of the control over the recycling practice at the be undertaken under sections 201 (s), 409, act. farm level could not be expected at the and 701(a) of the act, and 21 CFR 570.38 As discussed above in section II.D., re­ present time. It is beyond the current of the regulations. If, after giving notice latively little recycled animal waste per resources of FDA to identify all those and providing opportunity for comment, se is likely to enter interstate commerce. farmers who might utilize the recycling the Commissioner finds that there is a However, the Commissioner’s position is practice and to maintain a current up­ lack of convincing evidence that the ma­ that the agency may, under the act, ef­ dated registry of those farmers, for the terial is GRAS, it would be declared to fectively regulate animal feed ingredi­ purposes of assuring FDA officials that be a food additive as provided in 21 CFR ents on the theory that (1) delivery of animal products that enter into inter­ 570.38(b) (3). Conditions for use (includ­ live animals or their products to a state commerce from such farms have ing tolerances) could then be prescribed slaughterhouse or other facility may con­ been produced from feed ingredients that under a food additive regulation, or the did not contain harmful levels of dele­ Commissioner could declare that use of stitute causing the introduction or de­ terious ingredients. Further, the fact livery for introduction into interstate the substance is prohibited. However, the that the predominant species of livestock variability in composition of recycled commerce or adulterated food, and (2) and the degree of interest in recycling such animals, or the products of such animal waste could be an obstacle to vary greatly from one State to another approving the use of all waste under a animals, have been contaminated by one indicates that intrastate recycling might single food additive regulation. For ex­ or more ingredients in the animals’ feed. be more effectively controlled by local ample, section 409(b) (2) (A) of the act This theory is based on the responsi­ regulations tailored to the situation in requires that a petitioner (for approval bility of FDA for assuring that animal each State. of a food additive regulation) describe feeds are safe, not only for the animal The possibility of a joint federal-state the chemical identity and composition of but also for the ultimate consumer of regulatory program suggests an alterna­ the material proposed for food additive meat, milk and eggs that enter interstate tive for control of the feeding of animal approval. commerce. The Commissioner is further waste. As discussed above, the FDA’s au­ Affirmation of recycled animal waste convinced that a sale of animal waste thority under the Federal Food, Drug, as GRAS for specified uses, under pro­ materials need not have occurred to sus­ and Cosmetic Act extends to the regula­ visions of sections 201 (s) and 701(a) of tain a finding that the “commerce” ele­ tion of all animal feed ingredients. In the act, and 21 CFR 570.35 of the regula­ ment is present; the recycling of animal practice, however, the agency has chosen tion, might also be considered, although waste on the farm to food-producing to concentrate primarily on regulation the variability in composition of animal animals is sufficient for a finding that of medicated feeds. Moreover, FDA’s waste could make “generic” affirmation commerce is involved, since the animals regulatory program related to animal difficult. If, after notice and opportunity (or their products) will be introduced feeds has typically. relied heavily on a for comment, the Commissioner finds into commerce when they.are marketed. cooperative federal-state effort. Stand­ “convincing evidence” that the material ards have been established at the federal is GRAS as defined in section 201 (s) of On the other hand, the exercise of level, but in the case of the majority of the act, the substance will be affirmed as jurisdiction over animal feed ingredients the States, the inspection is done by state on the basis of the preceding theory is GRAS. A substance is GRAS if it is “ * * * feed officials. The federal-state programs generally recognized, among experts not mandated by the act; in proper cases, have been devised in large part because the Commissioner may choose not to act, qualified by scientists training and ex­ of the nature of the animal feed indus­ perience to evaluate its safety, as having on the basis of considerations such as the try, as well as the limitations on the feasibility of federal regulation, limits been adequately shown through scientific manpower of FDA. Such programs might procedures (or, in the case of a sub­ on agency resources, and the likelihood be considered in the case of recycled that other agencies will regulate the re­ stance used in food before January 1, cycling of animal waste,_ animal waste. 1958, through either scientific procedures or experience based on common use in Nevertheless, actions may be taken B. LEGAL STATUS OF RECYCLED ANIMAL food) to be safe under the conditions of under authority of the Federal Food, WASTE its intended use; * * (21 U.S.C. 321 Drug, and Cosmetic Act that might ob­ The FDA’s regulatory position regard­ (s)). viate any part of the regulatory activities ing recycled animal waste must be es­ If GRAS affirmation of recycled waste of the States. Federal action based on tablished within a framework which in­ were even Considered, however, it almost the finding that interstate commerce has cludes determination of the legal status certainly would be necessary to specify occurred could, therefore preempt state of the recycled material. Several alter­ that one or more processing methods be regulation, even though the latter may natives, each having different implica­ utilized, or to establish criteria for proc­ be intrastate-focused, where the two tions for those who use the material, essing. Any unavoidable poisonous or de­ regulations conflict. See, e.g., Jones v. are possible. 21 CFR 500.40 is a state­ leterious substances that might be pres­ Rath Packing Co., — U.S. —, 97 S. Ct. ment whose purpose is to advise indi­ ent could be permitted as unavoidable 1305, rehearing denied — U.S. —, 97 S. vidual States and the users of the contaminants, under section 406 of the Ct. 2201 (1977). Also as a general rule, agency’s current position. Such a state­ act and 21 CFR Parts 109 and 509 of the the fact that some States might have ment of policy and interpretation, un­ already moved to regulate substances regulations, via the promulgation of for­ that are within the scope of the act accompanied by other regulations, typi­ mal tolerances or action levels. See the would not preclude FDA from exercising cally requires the agency to show, on a F ederal R e g is t e r of September 30, 1977 its overriding authority.' case-by-case basis, that a violation of (42 FR 52813). Such tolerances or action the act had occurred. Indeed, as stated levels would necessarily be established at Essentially, the ageiicy faces three al­ elsewhere in this notice (see section I), levels that have been determined not to ternatives for regulation of animal waste the agency’s present position is that reg­ be harmful to animals or man.

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 NOTICES 64671 microorganisms, drug residues, toxic ele­ VIII. Conclusion Fourth, the Commissioner could pro­ pose a regulatory control program as ments and other naturally occurring sub­ a. CURRENT FDA POSITION described in the preceding paragraph, stances, and environmental chemicals in The foregoing discussion reveals that but could also request that additional animal wastes, more information is the agency has available to it a consider­ research be conducted as a basis for sub­ needed as to the identity and levels of able amount of information with respect sequent adjustments in the regulatory many of these substances that actually to the recycling of animal wastes. How­ program. appear in the waste before processing. ever, it is also apparent that additional Fifth, the Commissioner could propose Information is also needed as to the tox­ information is needed to provide assur­ to ban the feeding of waste, on the basis icological significane of such substances. ance that products from animals fed that currently available data fail to show 2. Animal health. As stated in section animal waste are safe for human con­ that the material is safe even under IV, few animal health problems have sumption, especially if only minimal su­ practicable control programs, providing been reported where animals have been pervision by regulatory agencies is pos­ opportunity for the industry to submit fed processed waste, andj the problems sible. Even if a regulatory program which evidence that the use of the material is that have been identified appear to be would sanction use only under restric­ safe. avoidable with minimal precautions. The tion of specific controls were to be pro­ Sixth, the Commissioner could propose Commission, however, recognizes that posed, information and comment would to affirm processed animal waste as need may exist for additional informa­ be needed with respect to the feasibility GRAS under certain conditions—e.g., tion derived from studies designed spe­ of such a program. where no drugs have been fed to the cifically to assess the animal health ef­ The Commissioner has determined donor species, or propose to declare such fects of substances that could be present that, pending review of data and com­ waste to be a food additive which could in animal waste. Therefore, he solicits ments received in response to this notice, be fed under provision of one or more (a) information from such studies that the agency’s regulatory posture with re­ food additive regulations. have already been conducted and are not spect to recycled animal waste should re­ Additional alternatives, or variations cited in this notice, and (b) comments on main unchanged. In other words, regula­ of the preceding alternatives, would also the adequacy of the studies that have tory action will not be taken unless ani­ be possible. The present statement of been conducted, and are cited in this mal waste intended for use as animal policy could be expanded, setting forth notice, in demonstrating whether or not feed were found to be adulterated under criteria and standards in greater detail. animal waste is safe as an animal feed section 402 of the Federal Food, Drug, A joint federal-state program could be ingredient. and Cosmetic Act, and unless violation of proposed in connection with: the alter­ 3. Human health. As noted in section section 301 of the act had occurred. native selected, as appropriate. As stated IV, the available data are inadequate, above, the Commissioner has not deter­ in many respects, to support approval B. ALTERNATIVES FOR THE FUTURE mined at this time whether to propose a of the use of waste as animal feed, at change in current policy, but he believes least without regulatory controls. The The Commissioner has not determined that public discussion of the issues will Commissioner considers it appropriate, what action, if any, will ultimately be facilitate his decision as to whether any therefore, to request, submission of ad­ taken with respect to modification of the change is appropriate in the future, and ditional data that are currently avail­ agency’s present regulatory position. He on what basis. For this reason, the Com­ able, and to invite comment on the iden­ anticipates that at least six choices will missioner solicits (I) comments on the tification of those areas in which re­ be available to him, following evaluation issues that have been identified in this search on animal waste appears to be of comments and data. document, including comments by ex­ indicated to answer questions related to First, he could determine that no perts on the GRAS/food additive status human health. Additional research needs change in agency policy is indicated. of recycled animal waste (see section are indicated at several places in section Second, he could determine that no VII.B.), and suggestions as to additional IV. In addition, a detailed outline for change in agency policy is indicated for issues that should be considered; (2) proposed research related to drugs and the time being, but request that addi­ comments on the suggested research drug metabolites has been developed, and tional research be conducted. Such data, needs as listed in section VIII.C., and is presented for comment below. The pos­ when received, could be utilized as a basis elsewhere in this notice, and submission sibility that a withdrawal period might for (1) proposing to sanction the feed­ of data and information that are cur­ be considered, as an alternative to (or ing of animal waste, placing such limits rently available and are relevant to the in addition to) the research proposal, on the practice as the data indicate suggested research needs; and (3) com­ was considered and is also discussed would be desirable; or (2) proposing to ments and suggestions as to practicable briefly below. ban the feeding of animal waste if the regulatory controls that might be a. Drugs and drug metabolites.—i. data fail to show that use of the material adopted. Proposed research. As stated above, the is safe, even under practicable control The Commissioner states that while he Commissioner is not suggesting at this programs, and providing opportunity for is asking for the submission of data time that specific research projects be the industry to submit evidence showing from research that has already been con­ undertaken. Instead, he seeks comments that the material is safe. This alternative ducted, he is not, at this time, suggesting and suggestions on research that could would require several years while re­ that specific research projects be under­ be undertaken to resolve unanswered search is completed. taken, because the scope and extent of questions. Accordingly,, the following Third, he could propose a regulatory research needed may depend UDon the proposals is offered for comment: control program that prescribes certain degree of regulatory control that is con­ The possible adverse effect on human characteristics for waste intended for sidered for adoption. Such suggestions health of feeding waste that contains feeding to livestock—e.g., maximum might be made, however, following evalu­ drugs and drug metabolites to animals is allowable levels of potentially harmful ation of comments and data that are pro­ one of the major concerns of scientists substances. Processing according to pre­ vided as a response to this notice. The faced with making judgments about the scribed procedures could be required as Commissioner also advises that, if addi­ safety of this practice.’" In general, re­ an alternative to, or in addition to, the tional data are needed to support use of ported studies designed to evaluate the foregoing, as could withdrawal periods animal waste as animal feed, under pro­ safety of drug residues in recycled and possibly other forms of control. The visions of the Federal Food. Drtur. and waste and reviewed by FDA did not ad­ probability that inherent controls—e.g., Cosmetic Act, the responsibility for ob­ dress the problem of drug metabolites in biological and economic limits on the taining the data will fall principally on the waste. This must be done in order to amount of waste that can be fed, and the proponents of recycling of animal define the conditions of safe use of waste. other inherent controls as discussed in waste. The type of data required may be ob­ sections II and V—would be observed, C. ADDITIONAL DATA AND INFORMATION tained through the use of drug molecules and the likely extent of such controls, NEEDED that have been labeled with a radioactive could be considered in developing such a 1. General. Because of the potential atom in a metabolically stable position. proposal. problems associated with the presence of A consideration of the conditions of use,

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 64672 NOTICES the persistence of residues and the gram which specifies withdrawal periods form in an acceptable way in waste, demonstrated safety of many of the cur­ as a means of eliminating or minimizing levels of particular contaminants of con­ rently regulated animal drugs will prob­ the possibility of residues of drugs or cern can be determined in randomly se­ ably serve to remove the concern for metabolites occurring. The following pro­ lected samples of waste. If necessary, safety of human food associated with re­ gram was considered: these methods could probably be adapted cycling of waste from animals treated (1) Wastes containing drug residues for use in regulatory control of these with these drugs. In certain cases how­ could be fed to all species of livestock and compounds in the recycled waste. ever, the available information may pro­ poultry with the exception of dairy cat­ Additional research needs related to vide an inadequate basis for a reasonable tle producing milk for human food or pathogenic organisms are discussed be­ judgment concerning safety. laying hens producing eggs for human low. The following procedure is one exam­ food, provided a withdrawal period (30 to 4. Processing methods (control of ple of a protocol that could be used to 45 days) was observed before slaughter. pathogenic organisms).—a. Proposed re­ demonstrate the conditions of safe use Dairy cattle and hens could consume search. As stated above, the Commis­ of waste from animals treated with a such wastes providing a withdrawal pe­ sioner is not suggesting at this time that drug which cannot be removed from riod of 30 to 45 days was observed before specific research projects be undertaken. concern by a consideration of other the production period. Instead, he seeks comments and sugges­ types of information. The details of the (2) Wastes containing no drug resi­ tions on research that could be under­ procedure will no doubt have to be mod­ dues could be fed to all species of live­ taken to resolve unanswered questions. ified to reflect questions related to spe­ stock and poultry without a withdrawal Accordingly, the following proposal is of­ cific intended uses of the waste. Such period. fered for comment: questions include whether the waste will (3) Persons using or offering for sale A two-stage program of investiga­ be recycled to the same or to a different animal wastes intended for use as ani­ tion is envisioned for development of species, and whether waste from ani­ mal feed would be required to obtain and data pertaining to the possible transmis­ mals fed waste will be recycled again. maintain on a current basis a record of sion of disease as a result of feeding ani­ The steps of the procedure are as medication used in the herd or flock from mal waste to food-producing animals. follows: which the waste was obtained. The initial work should be directed to the (1) Radiolabeled parent drug should However, FDA is aware that certain question of whether feeding waste does be administered at the maximum label problems are inherent in such a program, in fact cause a significant increase in recommended use level to animals whose where residues of drugs or drug metab­ animal disease transmissible to man. If waste is intended to be recycled, and the olites occur in the waste. In the absence this is demonstrated, then research is parent as well as its major metabolic of a research effort designed to deter­ needed to identify the parameters of products should be characterized and mine the level and the nature of the drug waste processing sufficient to inactivate quantitated in the animal’s waste. residues present in animal wastes and the particular pathogenic organism (s) (2) The levels and persistence of the their persistence in the edible tissue of responsible for the transmitted dis­ parent compound as well as its major animals fed animal waste, FDA might eased) . metabloic products should be determined not be confident that a 30- to 45-day The following design for research on in the edible tissues of animals fed waste withdrawal period would be adequate to disease transmission should give useful that has been fortified with appropriate reduce drug residues to levels deemed to results: levels (determined in step one) of radio- be safe for human consumption. Also, if (1) Identify at least 20 animal waste labeled drug and its major metabolites. a withdrawal period is established, meth­ feeding operations of commercial size The levels and persistence as deter­ ods to monitor tissue residues should be with consideration of geographic distri­ mined in step (2) would then be inter­ in effect to detect any violations of that bution and range of practices; preted in light of known safety data. The withdrawal period. Without research to (2) Identify the microbiology of the agency could then determine whether determine the nature of the tissue resi­ animal waste being fed; the feeding of waste from animals that due found after the feeding of animal (3) Select approximately 10 operations had been fed the parent drug could be wastes, it would not be possible to es­ for further study based upon the micro­ sanctioned and, if so, whether regulatory tablish the proper target organs and biology of the animal waste, geographic controls (e.g., species limitations, with­ marker residues to be examined in the distribution, range of practices, and drawal periods, etc.) should be estab­ regulatory process. availability of controls; lished. -K Nevertheless, the Commissioner is (4) For both treatment and control an­ Because drug metabolites often occur aware that several States permit the imals, record mortality, incidence and in the wastes of treated animals at lev­ feeding of drug-containing animal waste, type of nonfatal disease, weight gain, els higher than those observed in tissues, with or without the requirement of a drug feed conversion and visual observations sponsors of recent new animal drug ap­ withdrawal period. In the interest of fa­ of carcass and viscera upon slaughter. plications have, in many cases, conducted cilitating discussion of the means of re­ Through a statistically designed sam­ initial isolation and identification studies solving problems related to drug residues pling plan, sample blood, spleen, lung, of metabolic products in waste. For this in animal waste, the Commissioner so­ and intestinal contents and examine reason, some of the information sought licits reports of experience from the them for pathology and pathogenic mi­ in step (1) above may currently be avail­ states, as well as other comments related croorganisms ; able for recently approved or reevaluated to the feasibility of use of a withdrawal period or other regulatory control. The (5) Establish whether the increase in marketed drugs. Data obtained in step occurrence of organisms that are patho­ (2) are completely lacking and must be Commissioner welcomes suggestions of new approaches to enforcement of any genic to man (if any) and its attendant obtained, at least for drugs of potential threat to man warrant the cost of pro­ concern, e.g., those that are widely used, prescribed withdrawal time for animal waste, such as mandating the addition- of cessing animal waste according to speci­ those known to be carcinogenic (but use fied procedures to eliminate pathogenic is allowed because no residue occurs a dye or other readily analyzable sub­ when administered by approved meth­ stance to the waste. microorganisms. ods) or extremely toxic in other respects, b. Other substances. The discussions Since the transmission of disease could and those drugs that are known to pro­ in section IV indicate that less extensive ‘build up with time, the study should duce persistent residues in the edible tis­ research may be necessary with respect cover at least 3 and preferably 5 years. sues of treated animals. to pesticides, and toxic elements and If the research shows that processing ii. Consideration of a withdrawal pe­ other naturally occurring contaminants is needed, the Commissioner would need riod for waste that contains drug resi­ of waste, than is- outlined above for to know the minimum conditions re­ dues. The possibility of an alternative to drugs. In general, the first task in these quired to inactivate the microorganisms the foregoing research project was con­ areas will be to validate methods of of concern. At present, there are, as dis­ sidered by FDA during its deliberations analysis already available for use in feeds cussed elsewhere in this notice, several of the past several years. Such an alter­ and tissues for use in animal waste. Once methods that appear to have potential native might be a regulatory control pro­ the methodology has been shown to per­ for inactivating pathogens in animal

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 NOTICES 64673 waste. Before any conclusions can be processed waste products can, by itself, the fact that FDA has not reached a drawn about the merits of these methods,, provide the basis for affirming the sub­ conclusion as to whether it wishes to the following information is needed: stance as GRAS under provisions of the make a change in its current policy, (1) Determine the pathogenic micro­ Federal Food, Drug, and Cosmetic Act, and therefore FDA is not offering a organisms likely to be in animal waste because common use before 1958 is re­ proposal in this notice; (2) the fact that that are resistent .to the process in quired to support GRAS affirmation on the earlier draft could represent an ap­ question. This may be done through the basis of use. Information available to proach that might ultimately be pro­ literature review and through experi­ the Commissioner indicates that com­ posed by the Commissioner; (3) the mentation : mon use of animal waste as a feed in­ Commissioner’s desire to maximize pub­ (2) Establish suitable processing con­ gredient did not occur before 1958. Post- lic comment and participation; and (4) ditions for the resistant pathogens; 1958 products can be affirmed as GRAS the fact that the document is not merely (3) Determine whether there is a na­ only on the basis of scientific procedures, an early draft of this notice, but rep­ turally occurring microorganism, en­ and scientific data are required to sup­ resents an entirely different, approach. zyme, or other compound that could be port approval of a food additive peti­ used as ah indicator for determining tion. Nevertheless, the Commissioner E. ENVIRONMENTAL AND ECONOMIC IMPACT whether the animal waste in question was considers that information on the nature The Commissioner concludes that, properly processed; and extent of feeding of processed waste, since agency action is ■snot being pro­ (4) Conduct limited field trials to de­ and the problems encountered, if any, posed in this notice, there is no need at termine whether the laboratory-devel­ would be valuable in assessing the prior­ present for preparation of a formal eco- oped processing parameters are effective. ities to be placed on regulation of recy­ nbmic impact assessment, or an eco­ b. Product standards alternative. As cled animal waste, in evaluating the nomic impact statement. Nor is there an alternative to or in addition to the need for and the feasibility of regulat­ need for a formal environmental impact foregoing research program, standards ing such products, and in determining analysis report or an environmental im­ for content of pathogenic organisms in the types of regulatory activity to pro­ pact statement at this time. As discussed recycled animal waste might be estab­ pose, if any. Further, information gath­ above, however, the recycling of animal lished, to be enforced by a regulatory ered from experience under regulatory waste has important economic and en­ control program. Such standards might programs conducted by the States would vironmental implications and, if the require complete elimination of certain be valuable in determining the nature Commissioner later determines that for­ pathogens or, where safe levels can be and feasibility of federal regulatory ac­ mal action is to be proposed, the neces­ ascertained, might provide for tolerances tivities, and in deciding whether to or action levels. The Commissioner so­ propose joint federal-state programs. sary assessments will be made as an licits comments on the feasibility and Therefore, the Commissioner solicits integral part of the determination of parameters of such a program. data and coments related to the com­ such proposed action. 5. Economics and environment. Themercial use and regulation, in the vari­ F. OPPORTUNITY FOR COMMENT Commissioner has determined that he ous States, of recycled animal waste. will consider the benefits of substances Interested persons may, on or before added to food as well as the risks inher­ D.^CRITERIA FOR PROCESSED ANIMAL WASTE; June 26, 1978, submit written comments ent in such use, in determining whether OPPORTUNITY FOR COMMENT and data to thé Hearing Clerk, Food the substances are “safe” for use. See the During its deliberations of the past and Drug Administration. F ederal R e g is t e r of December 7, 1'976 several years, the FDA gave serious con­ The Commissioner advises that, in (41 FR 53600). Significant potential eco­ sideration to the development of a regu­ order to maximize public comment on nomic and environmental benefits are lation that would establish conditions this document, copies of this notice are associated with the feeding of animal under which processed animal waste being mailed to the directors of the waste. To more fully assess the scope of could be fed to livestock and poultry. agricultural experiment stations and the such benefits, the Commissioner requests The regulation would have established, cooperative extension services in each submission of the following kinds of in­ among other things, minimum require­ State, and to the professional societies formation, if available: ments for nutrient content; maximum in the animal sciences. Copies of the (1) Volume of animal waste which can allowances for moisture, microorga­ mailing lists have been placed on file be recycled economically; nisms, toxic elements, drug residues, and with the Hearing Clerk. Notice of this (2) Cost of feeding animal waste in pesticides; and labeling requirements. publication is also being given to con­ processed form, and comparison with the Although a draft regulation and pream­ sumers through the FDA Consumer Up­ cost of conventional ^sources of protein ble were developed in some detail, FDA date. and other nutrients; ultimately decided not to propose the The Commissioner also advises that, (3) Quantity of conventional feed in­ regulation. after analysis of comments and data gredients that could be saved by feeding As stated previously, the Commission­ which are submitted, an oral public hear­ animal waste, and implications for crop er has not eliminated from his consider­ ing before the agency may be scheduled acreage, cost of grains, and soybeans, ation any possible alternatives for the under provision of the appropriate FDA etc.; regulation of the feeding of processed regulations. Other possible sources of (4) The extent to which recycling ani­ animal waste. Therefore, in view of his additional advice to the agency that mal wastes will reduce the amount of goal of maximizing participation and might be utilized include conferences these wastes applied to crop and pasture comment from the public, the Commis­ ' and advisory committees involving State lands (areas of the country where such sioner is placing on file with the Hear­ impacts would most likely occur should ing Clerk a copy of the draft regulation feed control officials, research scientists be specified); and preamble, dated January 15, 1975. and extension educators, representatives (5) The economic benefits and costs The public is invited to comment on of the livestock industry, and consumer of feeding animal waste in comparison these materials. groups. with other means of disposal of the The Commissioner advises that or­ References waste, including effect of recycling on dinarily early drafts of F ederal R e g is t e r 1. Noland, P. R., B. P. Ford and M. L. Ray, price of manure for use as fertilizer on documents are not made available for “The Use of Ground Chicken Litter as a crop and pasture lands; public review and comment since such Source of Nitrogen for Gestating-Lactating (6) The potential for reduction of drafts are not part of the administrative Ewes and Fattening Steers,” Journal of Ani­ water and air pollution by feeding animal record that must be made available for mal Science, 14:860, 1955. waste; and 2. The Fertilisers and Feeding Stuffs public comments. He has concluded, (Amendment) Regulations, 1976. Her Maj­ (7) Any negative environmental im­ however, that under the unique circum­ esty’s Stationery Office, London. Statutory plications of recycling animal waste. stances involved in this situation, an ex­ Instrum ents No. 840, 1976. 6 Information needed on use and en­ 3. Flegal, C. J. and H. C. Zindel, “Dehy­ forcement experience; discussion of basis ception should be made and the earlier drated Poultry Waste (DPW) as a Feedstuff for State regulation. It is unlikely that draft should be made available for com­ in Poultry Rations,” In Livestock Waste actual experience with the feeding of ment. These circumstances include (1) Management and Pollution Abatement, Pro-

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, .1977 64674 NOTICES

ceedings of the International Symposium on 20. Gar Forsht, R., C. R. Burbee and W. M. of Processed Poultry Waste as a Feed for Livestock Wastes, American Society of Ag­ Crosswhite, > “Recycling Poultry Waste as Ruminants,” Journal of Animal Science ricultural Engineers, Publication 271, p. 305, Feed: Will it Pay?” Agricultural Economic 31(1): 107, 1970. 1971. Report No. 254, Economic Research Service, 40. Compliance Policy Guides, Food and 4. Surbrook, T. C., J. S. Boyd, and H. C. U.S. Department of Agriculture, 1974. Drug Administration, Executive Director of Zindel, “Drying Animal Waste”, In C. C. 21. Fogg, C. E., “Waste Management—Na­ Regional Operations, Division of Field Opera­ Sheppard (Ed.), -“Poultry Pollution: Prob­ tionally,” Soil Conservation, p. 220, May tions, Chapter 26 (Animal Feed), No. 7126.14 lems and Solutions.” Research Report 117, 1972. 41. Fontenot, J. P., C. L. Drake, W. h Michigan State University, East Lansing, p. 22. McCalla, T. M., “Use of Animal Wastes McClure, F. S. McClaugherty, a. n 16, July 1970. as a Soil Amendment,” Journal of Soil and Bhattacharya, R. F. Kelly and G. W. Litton 5. Day, D. L., “Utilization of Livestock Water Conservation, p. 213, Sept-Oct 1974. “The Value of Poultry Litter as a Feed for Wastes as Peed and Other Dietary Prod­ 23. Hearings on Control of Pollution From Ruminants,” Virginia Agricultural Experi­ ucts,” Proceedings, International Seminar Animal Feedlots Before the Subcommittee on ment Station Livestock Research Progress on Animal Wastes, United Nations World Conservation and Natural, Resources of the Report, pp. 37-41, July 1964. Health Organization, Copenhagen, Denmark House Committee on Government Opera­ 42. Bull, L. S. and J. T. Reid, “Nutritive (publication pending). Paper presented at tions, 93d Cong., 1st Sess., 1973. Value of Chicken Manure for Cattle,” in Bratislava, Czechoslovakia, September 28 to 24. Aldrich, S. R., “Determining Applica­ Livestock Waste Management and Pollution October 5, 1975. tion Rates of Livestock Wastes to the Land,” Abatement, Proceedings of the International 6. Harmon, B. G., D. L. Day, D. H. Baker Livestock Waste Management Conference, Symposium on Livestock Wastes, American and A. H. Jensen, “Nutritive Value of Aero­ Champaign, Illinois, March 1973. Society of Agricultural Engineers, Publica­ bically or Anaerobically Processed Swine 25. Schwabe, C. B„ Veterinary Medicine tion 271, p. 297, 1971. Waste,” Journal of Animal Science, 37(2): and Human Health. Williams and Wilkins 43. Fontenot, J. P. and K. E. Webb, Jr., 510, 1973. Co., Baltimore, pp. 224-242, 1964. “Health Aspects of Recycling Animal Wastes 7. Dunk, M. R. (Ed.), “Egg Business 26. Webb, K. E„ Jr., and J. P. Fontenot, by Feeding,” Journal of Animal Science, 40 Roundup,” Poultry Tribune, 83(1) :6, 1977. “Medicinal Drug. Residues in Broiler Litter (6) :1267, 1975. 8. Agricultural Marketing Service, United and Tissues From Cattle Fed Litter,” Journal 44. Johnson, R. R., R. Panciera, H. Jordon, States Department of Agriculture, 1977. of Animal Science, 41(4) : 1212, 1975. L. R. Shuyler, “Nutritional, Pathological and 9. Bhattacharya, A. N. and J. C. Taylor, 27. Calvert, C. C., “Feed Additive Residues Parasitological Effects of Feedlot Waste to “Recycling Animal Waste as a Feedstuff: A in Animal Manure Processed for Feed,” Feed- Beef Cattle,” In Managing Livestock Wastes, Review,” Journal of Animal Science, 41(5) : stuffs, 45(17) :32, 1973. Proceedings of the 3d International Sym- ’ 1438, 1975. 28. Calvert, C. C., “Arsenicals in Animal posium on Livestock Wastes, Publication 275, (10. Lambeth, C. L. and D. W. Seckler, Feeds and Wastes,’” In E. A. Woolson (Ed.), p. 203,1975. “Practical Evaluation of Recycled Animal Arsenical Pesticides, American Chemical So­ 45. Lovett, J., “Toxigenic Fungi from Poul­ Waste Protein in Feedlot Steers,” Feedstuffs, ciety Symposium Series, No. 7, pp. 70-80, try Feed and Litter,” Poultry Science, 51 47(33):23, 1975. 1975. (1 ):309,1972. 11. Bucholtz, H. F., H. E. Henderson, J. W. 29. Morrison, J. L., “Distribution of Arsenic 46. Griel, L. C., Jr., D. C. Kradel and E. W. Thomas and H. C. Zindel, “Dried Animal Wickersham, “Abortion in Cattle Associated Waste as a Protein Supplement for Rumi­ From Poultry Utter in Broiler Chickens, Soil, and Crops,” Journal of Agricultural Food with the Feeding of Poultry Litter,” Cornell nants,” In Livestock Waste Management and Veterinarian, 59:226, 1969. Pollution Abatement, Proceedings of the In­ Chemistry, 17(6):1288, 1969. 30. Brugman, H. H„ H. C. Dickney, B. E. 47. Smith, L. W., C. C. Calvert and I. L. ternational Symposium on Livestock Wastes, Lindahl, “Dried Manure from Lactating American Society of Agricultural Engineers, Plummer, J. Coater, R. N. Heitman, and M. Dairy Cattle As Feed for Ewes,” Journal of Publication 271, p. 308, 1971. R. Y. Taka, “Drug Residues in Lamb Car­ Animal Science, 39:1001 (Abstract), 1974. 12. Thomas, J. W. and H. C. Zindel, “Feed­ casses Fed Poultry Litter,” Journal of Ani­ 48. Lindhal, I. L., L. W. Smith and C. C. ing Dehydrated Poultry Waste to Dairy mal Science, 27:1132 (Abstract), 1968. Calvert, “Reoroductive Performance of Ewes Cows,” Research Report No. 152, Michigan 31. Messer, J. W„ J. Lovett, G. K. Murthy, Fed Dried Cow Manure,” Journal of Animal State University Agricultural Experiment A. J. Wehby, M. L. Schafer and R. B. Read, Jr., Science, 39:1000 (Abstract), 1974. Station Report, p. 8, 1971. “An Assessment of Some Public Health Prob­ 49. Smith, L. W. and I. L. Lindahl, “Ef­ 13. Thomas, J. W., Y. Yu, P. Tinnimitt, lems Resulting From Feeding Poultry Litter fects of Liauid Fraction Pressed from Dairy and H. C. Zindel, “Dehydrated Poultry Waste to Animals, Microbiological and Chemical Cattle Excreta in Lamb Diets,” Journal of as a Feed for Milking Cows and Growing Parameters,” Poultry Science, 50:874, 1971. Animal Science, (In Press) _1977. Sheep,” Journal of Dairy Science, 55(9) :1261, 32. Davis, G. K. “Toxicity of the Essential Minerals,” In Toxicants Occurring Naturally 50. Smith, L. W. (personal communica­ 1972. tion) . 1Q77. 14. Tinnimitt, P., Y. Yu, K. McGuffey in Foods. Publication 1354, National Academy 51. Caswell, L. F., J. P. Fontenot and K. E. and J. W. Thomas, “Dried Animal Waste as of Sciences, National Research Council, Webb, Jr., :: Effect of Processing Method on a Protein Supplement for Sheep,” Journal Washington, D.C., 1966. Pasturization and Nitrogen Comoonents of of Animal Science, 35(2) :431, 1972. 33. Ammerman, C. B., S. M. Miller, K. R. Broiler Litter and on Nitrogen Utilization by .15. Fontenot, J. P., K. E. Webb, Jr., B. W. Fick and S. L. Hansard II, “Contaminating Elements in Mineral Supplements and Their Sheer».” Journal of Animal Science, 40(4): Harmon, R. E, Tucker and W. E. C. Moore, 750,1975. “Studies of Processing, Nutritional Value and Potential Toxicity: A Review,” Journal of Palatability of Broiler Litter for Ruminants,” Animal Science, 44(3) :485, 1977. 52. Strauch, D. and W. Mueller. “Salmon­ In Livestock Waste Management and Pollu­ 34. Capar, S. G., J. T. Tanner, M. H. Fried­ ella Bacteria Survival Time at Different tion Abatement,” Proceedings of the Inter­ man and K. W. Boyer, “Multielement Analysis TemDeratures When Placed in Feces From national Symposium on Livestock Wastes, of Animal Feed, Animal Wastes, and Sewage Battery Fowl,” Tieraerztl. Wochschr., 81(23): American Society of Agricultural Engineers, Sludge,” Environmental Science and Tech­ 468, 1968. Publication 271, p. 301, 1971. nology, submitted for publication. 53. Kraft, D. J., C. Olechowski-Gerhardt, 16. Harms, R. H., C. F. Simpson, P. W. 35. Varghese, S. K. and C. J. Flegal, “The J. Berkowitz and M. S. Finstein, “Salmonella Waldroup and C. B. Ammerman, “Citrus Influence of Continuous Recycling Dehy­ in Wastes Produced at Commercial Poultry Pulp for Poultry Litter and Its Subsequent drated Poultry Anaphage in Laying Hen Farms,” Applied Microbiology, 18(5) :703, Feeding Value for Ruminants,” Experiment Rations on Heavy Metals Found in Tissues, 1969. Station Technical Bulletin 724, University Eggs and Excreta,” Poultry Science, 53:1986 54. Lovett, J., J. W. Messer and R. B. Read, of Florida, Gainesville, 1968. (Abstract), 1974. Jr., “The Microflora of Southern Ohio Poul­ 36. National Academy of Sciences, National try Litter,” Poultry Science, 50:746, 1971. 17. Fontenot, J. P., K. E. Webb, Jr., and Research Council series of publications on R. F. Kelly, “Feed Intake and Feedlot Per­ 55. Epstein, E., G. B. Willson, W. D. Burge. nutrient requirements for poultry, swine, and D. C. Mullen, and N. K. Enkiri, “A Forced formance of Cattle Fed Different Levels of cattle. Broiler Litter,” Livestock Research Report Aeration System for Composting Wastewa­ 37. Vezey, S. A. and C. N. Dobbins,. Jr., ter Sludge,” Journal Water Pollution Con­ No. 145, 1971-1972, Virginia Polytechnic In­ “Ensiling Poultry Floor Litter and Cage stitute and State University, Blacksburg, Layer Manure,” In Managing Livestock trol Federation, 48(4) :688, April 1976 p 54, 1972. Wastes, Proceedings of the 3d International 56. Whipple, R., “28% ‘Saffe’ Protein from 18. Anthony, W. B., and R. Nix, “Feeding Symposium of Livestock Wastes, American Broiler Litter,” Broiler Industry, p. 38, Janu­ Potential of Reclaimed Fecal Residue,” Jour­ Society of Agricultural Engineers, Publica­ ary 1971. nal of Dairy Science, 45(12) : 1533, 1962. tion 275, p. 195, 1975. 57. McCaskey, T. A. and W. B. Anthony, 19. Anthony, W. B., “Cattle Manure as Feed 38. Fontenot, J. P., K. E. Webb, Jr., K. G. “Health Aspects of Feeding Animal Waste for Cattle,” In Livestock Waste Management Libke and R. J. Buehler, “Performance and Conserved in Silage,” In Managing Livestock and Pollution Abatement, Proceedings of the Health of Ewes Fed Broiler Litter,” Journal Wastes, Proceedings of the 3d International International Symposium on Livestock of Animal Science, 33:283 (Abstract), 1971. Symposium on Livestock Wastes, American Wastes, American Society of Agricultural 39. El-Sabban, F. F„ J W. Bratzler, T. A. Society of Agricultural Engineers, Publica­ Engineers, Publication 271, p. 293, 1971 Long, D. E. H. Frear and R. F Gentry, “Value tion 275, p. 230, 1975.

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 NOTICES 64675

58. Caswell, L. F., K. E. Webb, Jr., and 63. Hodgetts, B., “The Effects of Including and Wood Shaving Poultry Litters,” Journal j p. Fontenot. “Fermentation, Nitrogen Uti­ Dried Poultry Waste in the Feed of Laying of Science, 25:367, 1966. lization, Digestibility and Palatability of Hens,” In Livestock Waste Management and 68. Hammond, J. C., “Dried Cow Manure Broiler Litter Ensiled with High Moisture Pollution Abatement, Proceedings of the In­ and Dried Rumen Contents as a Partial Sub­ Corn Grain,” Journal of Animal Science, 44 ternational Symposium on Livestock Wastes, stitute for Alfalfa Leaf Meal,” Poultry Sci­ (5) :803, 1977. American Society of Agricultural Engineers, ence, 23(6):471, 1944. 59. Ciordia, H. and W. B. Anthony, “Via­ Publication 271, p. 311, 1971. 64. Long, T. A., J. W. Bratzler, and D. E. H. Interested persons may, on or before bility of Parasitic Nematodes in Wastelage,” June 26, 1978 submit written comments journal of Animal Science, 28:133 (Abstract). Frear, “The Value of Hydrolyzed and Dried Poultry Waste as a Feed for Ruminant Ani­ and data to the Hearing Clerk, Food and 1969. mals,” In Animal Waste Management, /Pro­ Drug Administration, Rm. 4-65, 5600 60. Mailman, W. H. and V. L. Mailman ceedings of the Cornell University Confer­ (personal communication), 1974. Fishers Lane, Rockville, Md 20857. Re­ ence on Agricultural Waste Management, p. ceived comments may be seen in the 61. Polin, D., S. Varghese, M. Neff, M. Go­ 98, 1969. mez. C. J. Flegal, and H. C. Zindel, “The 65. El-Sabban, F. F., T. A. Long, R. F. Gen­ above office between 9 a.m. and 4 p.m., Metabolizable Energy Value of Dried Poultry try, and D. E. H. Frear, "The Influence of Monday through Friday. Also available Waste,” In C. C. Sheppard (Ed.), Poultry Various Factors on Poultry Litter Composi­ for public inspection are copies of rele­ pollution: Research Results, Michigan State tion,” In Animal Waste Management, Pro­ University Research Report 152, p. 32, Novem­ ceedings of the Cornell University Confer­ vant documents including literature ber 1971. ence oh Agricultural Waste Management, p. cited in this notice. 62. Flegal, C. J. and H. C. Zindel, “The 340, 1969. Dated: December 15,1977. Utilization of Poultry Waste as a Feedstuff 66. Brugman, H. H., H. C. Dickey, B. E. Plummer, and B. R. Poulton, “Nutritive S herwin Gardner, for Growing Chicks,” In C. C. Sheppard (Ed.), Value of Poultry Litter,” Journal of Animal Poultry Pollution: Problems and Solutions, Acting Commissioner Science, 23:869, (Abstract), 1964. of Food and Drugs. Michigan State University Research Report 67. Bhattacharya, A. N. and J. P. Fontenot, 117, p. 21, July 1970. “Protein and Energy Value of Peanut Hull [FR Doc.77-36739 Filed 12-23-77:8:45 am]

FEDERAL REGISTER, VOL. 42, NO. 248— TUESDAY, DECEMBER 27, 1977 BaaaaaBiisniaaaaBiiifivsftiftainsiiiH!

k 58-000 - 0 8.00 — 10.00 $ 1976 per year per per year per $

GPO: GPO: ft ZIP in the Federal Register. Indexes covering the covering Indexes Register Index,“ or both. Federal Register, and is issued and Register, Federal certaintitles of the CODE OF Federal Register Index w o u ldyo u tothe “Cumulative ListCFRof Hko to the Code of Federal Regulations to Regulations Federal of Code the indicate the nature of the changes. the of nature the indicate monthly in cumulative form. Entries form. cumulative in monthly SectionsAffected,“ the “Federal if anychanges have been made in FEDERAL REGULATIONS without amendatory actions published in the in published actions amendatory Note to FR Subscribers: FR Indexes and the readingthe Federal Registerevery Entries are carried primarily under the under carried are primarily Entries The "Cumulative The List CFRof "Cumulative Sections day? Ifso, you maywish to subscribe issued monthly, quarterly, and and annually. quarterly, monthly, issued contents of the daily Federal Register are Register Federal daily the contents of subjects are carried as are carried subjects cross-references. Cumulative Listof CFR Sections Affected • • of users lead to designed is Affected" names of the issuing agencies. of Significant agencies. the issuing names to be mailed free of charge to regular FR subscribers. A finding aid is included in each publication which lists "Cumulative List of CFR Sections Affected" will continue State Federal Register page numbers with the date of publication . . subscription^) to the publications checked below: hmmiiiimiimiMmmmiiMmiwmKniiMtmmiii .Sot. Superintendent of Documents

CUMULATIVE LIST OFFEDERAL CFR SECTIONS REGISTER AFFECTED INDEX ($10.00($8.00 aa yearyear domestic;domestic; $12.50$10.00 foreign) foreign) ______C ity Make cheek payable to the N am e. Street. Address. Mail order form to: Superintendent of Documentai U.S. Government Printing Office, Washington, D.C. 20402 There is enclosed $- ilium 11