1 34105 34119 34135 34110 34112 34117 34116 34115 34129 34126 ----

_.... _....

34163 ...... ______34101 ......

_ ...... __ ......

_ ...... EPA estab­ EPA ____ ...... No. 237—Pt. I 237—Pt. No. ____ ...... ____

......

1973 HEW HEW establishes ......

...... (Continued inside) (Continued USDA apportionment apportionment USDA ...... ______

...... — CLC reclassification — of CLC reclassification . ______...... — EPA proposes test methods test —methods proposes EPA ___ ...... — revises and FTC definition establishes — AEC authorizes — use authorizes clinical AEC by physicians, — Presidential — proclamation Presidential PART U: OIL POLLUTION PREVENTION— EPA EPA OIL standards PREVENTION— POLLUTION 1-10-74 . ... for for onshore and offshore facilities; effective j payments for hospitalized veterans; effective 12—4—73.. effective veterans; 12—4—73.. for hospitalized payments VA VA provides for emergency during continued payment closing closing of school; effective 12-4—73.. VA amendment on discontinuance VA on amendment and of discontinuance resumption VA proposes time limit for filing application for clothing for clothing application for filing time limit proposes VA allowance; allowance; comments by 1-9-74 HIGHLIGHTS OF THIS ISSUE Pages 34095-34170 TUESDAY, DECEMBER 11, WASHINGTON, D.C. of any document published in this issue. Detailed issue. this in published document inside. any appears of contents of table AND DAY AND OF DAY BILL HUMAN RIGHTS RIGHTS Volume 38 ■ Number 237 This listing does not affect the legal status legal the affect not does listing This FUEL AND FUEL ADDITIVES FUEL AND FUEL PART I for determination for determination of lead and in phosphorus gasoline; WEEK comments comments by 1-10-74. of food, milk and nonfood assistance funds for fiscal DROPOUT PREVENTION DROPOUT PROGRAM— PREVENTION SCHOOL NUTRITION PROGRAMS— NUTRITION SCHOOL PHASE IV PRICE REGULATIONS PRICE IV PHASE DIMETHYL TETRACHLOROTEREPHTHALATE— DIMETHYL closing closing date for of receipt grant applications.... year year 1974 (3 documents) laboratories and hospitals; effective hospitals; 1—10—74 and laboratories fresh meat cutters as wholesalers; effective 12—15—73.... fresh meat as effective cutters wholesalers; 12—15—73.... NYLON/ARAMID CARBON 14 CARBON lishes lishes tolerance; effective 12-11—73 new generic classification; effective generic new classification; 1-11—74. VETERANS BENEFITS— VETERANS

December 11, 1973— Pages 34095-34170 REMINDERS

N ote: There were no items published after October 1, 1972, that are eligible for inclusion in the list of R ules G oing I n to Effect T oday,

Published' daily, Monday through Friday (no' publication on Saturdays, Sundays, or on official Federal © holidays), by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C., u Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. * o > The F ederal R egister provides a uniform system for making available to the public regulations and legal notices issued by the Executive Branch of the Federal Government. These include Presidential proclamations and Executive orders and Federal agency documents having general applicability and legal effect, documents required to be published by Act of Congress and other Federal agency documents of public interest. " g The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, TJ.S. Government Printing Office, Washington, D.C. 20402.

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

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 HIGHLIGHTS— Continued

ENVIRONMENTAL IMPACT STATEMENTS— Coast Guard MEETINGS— issues guidelines; comments by 1-24—74...... 34135 U.S. Commission on Civil Rights: TOBACCO ALLOTMENT AND MARKETING QUOTAS— Colorado State Advisory Committee, 12—15—73...... 34160 USDA establishes rate of penalty for excess marketings Wisconsin State Advisory Committee, 12-19-73..... 34160 and clarifies other provisions; effective 12-10-73...... 34106 Commerce Department: Computer Systems Technical Advisory Committee, 12—19—73...... 34131 DISCLOSURE OF INFORMATION— HEW deletes obsolete Federal Energy Office: Petroleum Advisory Committee, provisions relating to advisory committees; effective 12-12, 12-17, 12-19, 12-20-73...... 34151 1-5-74 ...... 34117 CLC: Health Industry Advisory Committee, 12—17—73.... 34157

Contents THE PRESIDENT CIVIL RIGHTS COMMISSION EDUCATION OFFICE Proclamation Notices Notices Bill of Bights Day; Human Rights State Advisory Committee meet­ Dropout prevention program; Day And W eek______34101 ings: closing date for receipt of ap­ C olorado______34160 plications ______34135 EXECUTIVE AGENCIES Wisconsin .___ 34160 ENVIRONMENTAL PROTECTION AGENCY ACTION CIVIL SERVICE COMMISSION Rules and Regulations Rules and Regulations Air programs; Massachusetts; ap­ Official seal; description and au­ Rules and Regulations proval of revisions to implemen­ thorization ______34118 Excepted service: tation plan____... ______. . . 34116 Agriculture Department------34104 Practice rules; hearings; assign­ AGRICULTURAL MARKETING SERVICE Environmental Protection ment of administrative law Rules and Regulations A g e n c y ______34104 ju d g e ______34117 Navel oranges grown in Arizona Miscellaneous revocations______34103 Oil pollution prevention; non­ and designated part of Cali­ COAST GUARD transportation related onshore fornia; expenses and rate of and offshore facilities______34163 assessment______. . . 34110 Proposed Rules Tolerances and exemptions for • Marine engineering; clarification pesticides in or on raw agri­ AGRICULTURAL STABILIZATION AND of regulations______34122 cultural commodities; dimethyl CONSERVATION SERVICE Notices tetrachloroterephthalate______34117 Rules and Regulations Proposed Rules Environmental impact state­ Tobacco; 1973 penally per pound Books and records of pesticide r a t e ______. ______,___...34106 ments; procedures for consid­ eration ______34135 production and distribution; ex­ Notices tension of comment period.____34129 Puerto Rico cane sugar; hearing COMMERCE DEPARTMENT California transportation control on proportionate shares for plan______34124 1974-75 crop___m______34130 See also Domestic and Interna­ tional Business Administration; Fuels and fuel additives; test pro­ cedures ______34126 AGRICULTURE DEPARTMENT Maritime Administration. See Agricultural Marketing Serv­ Notices FEDERAL AVIATION ADMINISTRATION ice; Agricultural Stabilization Assistant Secretary for Adminis­ Rules and Regulations and Conservation Service; Food tration; duties and responsibili­ Control zones and transition and Nutrition Service; Forest ties ______34133 areas; alterations, designations, Service. ‘Office of Investigations and Secu­ revocation (4 documents)_____ 34111, 34112 ATOMIC ENERGY COMMISSION rity; functions and organiza­ tion ______34134 Proposed Rules Rules and Regulations Transition areas; alterations (2 Use of carbon-14 for in vitro clin­ Co st of living c o u nc il ical or laboratory testing; gen­ d ocu m en ts)______34123 eral license______.... ______34110 Rules and Regulations FEDERAL COMMUNICATIONS Notices Prenotifying delivery charges; COMMISSION r u lin g ------34121 Philadelphia Electric Co. et al.; Rules and Regulations Reclassification of fresh meat cut­ FM broadcast table of assign­ postponement of oral hearing— 34158 ters as wholesalers______34119 South Carolina Electric and Gas ments; Illinois; termination of Co.; construction permit appli­ Notices p roceed in g______:______34119 cation; order to show cause____ 34158 Health Industry Advisory Commit­ Proposed Rules tee; change in meeting time___ 34157 FM broadcast stations Lexington, CIVIL AERONAUTICS BOARD Steel; proposed price increases; Mo.; extension of comment pe­ Notices hearings ______;______34157 riod ______: ______34129 Hearings, etc.: Notices Continental Air Lines, Inc., et DOMESTIC AND INTERNATIONAL International record carriers; al — ______34147 BUSINESS ADMINISTRATION scope of operations; correction. 34151 Delta California Industries, Ihc., Notices Jimmie H. Howell, et al.; applica­ e t a l______34147 Applications for duty-free entry tion ______34150 Hawaiian Airlines, Inc. and of scientific article: FEDERAL ENERGY OFFICE Aerolinee Ita via, SJ?.A______34149 American National Red Cross— 34131 International Air Transport As­ Notices sociation (2 documents)____ 34146, Washington University, et al___34132 Petroleum Industry Advisory Com­ 34147 Computer Systems Technical Ad­ mittee; meeting______34151 Maersk A ir I/ S ______34150 visory Committee; meeting— _34131 (Continued on next page) 34097

FEDERAL REGISTER, VOL. 38, NO. 237¿—TUESDAY, DECEMBER 11, 1973 34098 CONTENTS

FEDERAL MARITIME COMMISSION FOOD AND NUTRITION SERVICE PUBLIC HEALTH SERVICE Notice Rules and Regulations Rules and Regulations Universal Aleo Ltd. et al.; agree­ Apportionment of funds, fiscal Availability of records and infor­ m ent filed______34157 year 1974: mation; deletion of provisions National school lunch program; relating to advisory committee FEDERAL POWER COMMISSION food assistance ______34105 m a tters______.______34117 Notices Nonfood assistance programs-_ 34165 RECLAMATION BUREAU National Power Survey Technical Special milk program for chil­ Advisory Committee on Fi­ dren ______34105 Proposed Rules nance; order designating addi­ Hoover Dam; rules of conduct, tional member------— 34154 FOREST SERVICE correction ______34122 National Power Survey Technical Notices SMALL BUSINESS ADMINISTRATION Advisory Committee on Finance and its Task Force on Future Deadwood Planning Unit; avail­ Notices Financial Requirements; order ability of draft environmental Bartlesville Investment Corpora­ designating additional member- 34154 s ta te m e n t____.______34130 tion; approval for transfer of c o n t r o l______34156 Hearings, etc.: HEALTH, EDUCATION, AND WELFARE Buckeye Power, Inc------— 34151 DEPARTMENT STATE DEPARTMENT Caroline Power and Light Co— 34152 Colorado Interstate Gas Co----- 34155 See Education Office; Public Notices Commonwealth Edison______34152 H ealth Service. Senior Adviser for International Detroit Edison Co. (2 docu­ Narcotics Matters; delegation of m ents) ___ 34152 INTERIOR DEPARTMENT a u th o rity ______34130 Duquesne Light Co______34153 See also Reclamation Bureau. TRANSPORTATION DEPARTMENT East Tennessee Natural Gas Co_ 34153 Louisiana Power & Light______34153 Notices - See also Coast Guard; Federal ' Aviation Administration. New England Power Pool— — 34154 Commissioner of Indian. Affairs; Southern Natural Gas Co------34154 revocation of delegation of au- . Rules and Regulations Sun Oil Co______34155 t h o r it y ------— ------34130 Availability of information; Na­ United Gas Pipe Line Co------34154 tional Highway Traffic Safe­ Washington Water Power Co— 34155 INTERSTATE COMMERCE COMMISSION ty Administration document Wisconsin Power and ligh t CO_ 34155 Notices search fees— ------34112 FEDERAL RESERVE SYSTEM Assignment of hearings------34158 VETERANS ADMINISTRATION Notices Auto-Train Corp., et al; requests Rules and Regulations for comments on environmental Educational benefits; payment Bank acquisitions: im pact ______34159 Alabama Bancorporation------34156 during emergency closing of Fourth section application for re­ s c h o o l______-— ------34116 Allied Bancshares, Inc. (2 doc­ lief (2 documents)------34159 uments) ------34156 Pension, compensation and de­ Motor Carrier Board transfer pro­ pendency and indemnity com­ Community Banks of Florida, ceedings ______34160 In c ______34156 pensation; hospitalization ad­ justments; reductions and dis­ FEDERAL TRADE COMMISSION MARITIME ADMINISTRATION continuances ------34115 Rules and Regulations Rules and Regulations Proposed Rules Manufactured fibers; generic Merchant marine training; sea Clothing allowance; time limit for names and definitions.------34112 year pay_____ ———----- — 34118 filing application------34129

FEDERAL REGISTER. V O L 3 8 , NO. 237— TUESDAY, DECEM BER 11, 1973 CONTENTS 34099 List of C FR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today’s Issue. A cumulative list of parts affected,, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. In the last issue of the month the cumulative list will appear at the end of the issue. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1,1973, and specifies how they are affected.

3 CFR 16 CFR 43 CFR P roclamation : 34112 4256____— ...... 34101 P r o p o s e d R u l e s : 421______34122 5 CFR 38 CFR 213 (3 documents)______34103, 34104 3______34115 45 CFR 6 CFR 21______34116 1204______. 34118 150______------34119 P r o p o s e d R u l e s : 46 CFR R u lin g ______34121 3______34129 310______34118 7 CFR 210______* __ $ ______34105 40 CFR P r o p o s e d R u l e s : 215______34105 52______34116 50______.. 34122 220______34105 112______. 34164 54______.. 34122 724 ______34106 164______.. 34117 56______.34122 61______907______34110 180______. 34117 . 34122 10 CFR P r o p o s e d R u l e s : 47 CFR 31______34110 32______52______34124 73______34119 80______34126 P r o p o s e d R u l e s : 14 CFR 169.!______34129 73______34129 71 (4 documents)______34111,34112 P r o p o s e d R u l e s : 42 CFR 49 CFR 71 (2 documents) 34123 1 . 34117 7. . 34112

FEDERAL REGISTER, V O L 3 8 , NO. 237— TUESDAY, DECEMBER 11, 1973

Presidential Documents

Title 3.—The President PROCLAMATION 4256 Bill of Rights Day Human Rights Day and Week By the President of the United States of America A Proclamation Among the principles undergirding our Declaration of Independence in 1776 was the fundamental conviction that all men are endowed with certain inalienable rights and that the purpose of instituting governments is .to secure these rights. T he first Congress acted quickly to secure the basic rights of the American people by proposing ten amendments to the Constitution of the United States. These amendments, our Bill of Rights, came into effect one hundred eighty-two years ago, on December 15, 1791, and have served ever since as guiding ideals of our democracy. Each generation of Americans has contributed in its own way to realizing the promise of the Bill of Rights, ensuring its responsiveness to the increas­ ingly complex conditions of American society.

The continuing vitality of that promise depends upon our own stead­ fast dedication to the principles upon which this Republic was founded. Now, in this decade of our Bicentennial, it is especially appropriate for us to commemorate the anniversary of the adoption of the Bill of Rights and to recall with pride the efforts of our predecessors to make its ideals a true guarantee of the rights of all Americans.

It is fitting that we take note at the same time of the progress made by the world community in its recognition of the rights of all members of the human family. This week marks the twenty-fifth anniversary of the Universal Declaration of Human Rights, adopted by the United Nations General Assembly on December 10, 1948, to proclaim standards of freedom and equality common to all nations and all peoples. Though widely separated by time and authorship, the Bill of Rights and the Universal Declaration of Human Rights share a common commitment to the ideals of equality, dignity, and individual worth.

Our actions as Americans, to strengthen the Bill of Rights are insep­ arable from our commitment to the ideals of the Universal Declaration

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34102 THE PRESIDENT

of H um an Rights. T he strength and success of our efforts to advance these goals here at home will have a positive impact on the cause of human rights throughout the world.

NOW , THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim December 10, 1973, as H um an Rights D ay and December 15, 1973, as Bill of Rights Day. I call upon the people of the United States to observe the week beginning December 10,1973, as Human Rights Week. Let us make this observance a time for reaffirming the high principles of the Bill of Rights and of the Universal Declaration of Human Rights and for making them a living reality in the daily lives of every American. For each of us, through our own example, can do a great deal to strengthen the cause of liberty and justice for all. ,

I N W I T N E S S W H E R E O F , I have hereunto set my hand this seventh day of December, in the year of our Lord nineteen hundred seventy-three, and of the Independence of the United States of America the one hundred ninety-eighth.

[FR Doc.73-26283 Filed 12-7-73 ; 2:02 pm]

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34103 Rules and Regulations

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

Title 5— Administrative Personnel (50) [Revoked.] (1) One Private Secretary and one CHAPTER I— CIVIL SERVICE COMMISSION (51) [Revoked.] Confidential Assistant to the Assistant • * * * • Secretary. PART 213— EXCEPTED SERVICE § 213.3308 Department o f the Navy. ***** Miscellaneous Revocations (a ) Office of the Secretary. * * * (6) One Confidential Assistant to the Subpart C of Part 213 is amended to (9 ) Tw o Special Assistants to the M ili­ Director, Bureau of International Com­ show that under the provisions of tary Assistant to the President. merce. § 213.3101b 97 positions are no longer (10) [Revoked.] * * ♦ * * excepted under Schedule C. * * * * * Effective December 11, 1973, Subpart (q ) Office of the Assistant Secretary C of Part 213 is amended as set out below. § 213.3310 Department of Justice. for Economic Development. * * * • * * • • (3) [Revoked.] § 213.3303 Executive Office o f the Pres­ • * * * * ident. (e ) Civil Division. * * * (2) [Revoked.] ***** (r ) National Oceanic and Atmospheric * * * * * Administration. * * * ( j ) Special Action Office for Drug (q ) Civil Rights Division. * * * (3) [Revoked.] Abuse Prevention. (3) [Revoked.] (1) One Confidential Secretary to the ***** Director. ***** § 213.3315 Department of Labor. • * * * * (r ) Community Relations Service. * * * (a ) Office of the Secretary. (3) [Revoked.] § 213.3304 Department o f State. (1) Two Special Assistants and one ***** Confidential Assistant to the Secretary * * * * * § 213.3312 Department o f the Interior. o f Labor. (c ) Office of the Assistant Secretary ' * * * * * for Congressional Relations. * * * (a ) Office of the Secretary. * * • (3) [Revoked.] (3) Six Special Assistants (Held (28) [Revoked.] * • * * * Representatives). ***** * * * * * ( f ) Women's Bureau. * * * § 213.3305 Treasury Department. (28) [Revoked.] (2) Two Special Assistants to the (a ) Office of the Secretary. * * * * * Director. (1) [Revoked.] (36) [Revoked.] * * * * * * * ♦ • + • * * * * § 213.3316 Department of Health, Ed­ ucation, and Welfare. § 213.3306 Department of Defense. (41) [Revoked.] (a ) Office of the Secretary. * * * * * • * * (a ) Office of the Secretary. * * * (16) [Revoked.] (2) One Private Secretary to the Dep­ (43) [Revoked.] uty Secretary of Defense and one Private ***** * * * * * Secretary to each of the following: the (18) One Confidential Assistant for Director of Defense Research and Engi­ (k ) Southwestern Power Administra­interdepartmental activities. tion. * * * neering; the Principal Deputy Director ***** of Defense Research and Engineering: (2) [Revoked.] the Deputy Directors of Defense Re­ • * * * * (27) [Revoked.] search and Engineering (Tactical War­ § 213.3314 Department of Commerce. fare Programs), (Strategic Systems), (c ) Office of Education. (a ) Office of the Secretary. * * • (Research and Technology); the Di­ (1) Two Special Assistants to the rector, Advanced Research Projects (4) One Private Secretary to the As- sis tant Secretary for Economic Affairs. Commissioner of Education. Agency; the Assistant Secretaries of De­ ***** fense (Manpower and Reserve Affairs), * * • * » (3) [Revoked.] (International Security Affairs), (Pub­ (13) [Revoked.] lic Affairs), (Installations and Logistics), * ** • # ***** (Comptroller), (Systems Analysis), (In­ (28) [R evoked.] (h ) Office of the Assistant Secretary telligence) , and (Legislative A ffairs); the for Health and Scientific Affairs. * * * * * General Counsel; the Deputy General (1) [Revoked.] Counsel; the Assistant to the Secretary (d ) Bureau of the Census. • * * * * * * * of Defense (Atomic Energy); and the (4 ) [R evoked.] ( i ) Administration on Aging. Military Assistants to the Secretary of • * * * » Defense. (1) [Revoked] ***** (6 ) [R evoked.] ***** * * * * * (4) (hie Confidential Assistant to the (k ) Office of the Assistant Secretary Assistant Secretary of Defense (Interna­ (h ) [R evoked.] for Planning and Evaluation. • • • tional Security Affairs). •* • * * (2) [Revoked.] * ■ * * • • (J) [R evoked.] (3) [Revoked.] (43) [Revoked.] * # + • * (4) One Special Assistant to the As­ (44) [Revoked.] (m ) Office of the Assistant Secretary sistant Secretary. • - • • • • for Domestic and International Business. • • • • «

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 No.237—PLI- 34104 RULES AND REGULATIONS

(11) [Revoked.] (13) [Revoked.] Commodity Grader (Poultry) and Ag­ ***** ***** ricultural Commodity Grader (Dairy) (26) Four Senior Assistants for Legis­ are no longer excepted under Schedule (n ) Office of the Assistant Secretary A. This section is also revised to show for Community and Field Services. lative Affairs. that temporary positions of Agricultural (27) Eleven Assistants for Legislative (1) [Revoked.] Commodity Graders (Poultry) and Ag­ A ffairs. (2) One Special Assistant to the As­ ricultural Commodity Graders (Dairy) sistant Secretary for Community and ***** Field Services. are excepted under Schedule A. (30) [Revoked.] E ffective January 1, 1974, § 213.3113 * * * * * (31) One Special Assistant to the Sec­ (a) (1) and (f) (6) are amended as set (5) [Revoked.] retary and two Staff Assistants, one out below. ***** Secretary, and one Administrative Aide to the Special Assistant. § 213.3113 Department o f Agriculture. (14) [Revoked.] 4e * * * * ***** (а ) General. (1) Agents employed in (42) One Administrative Aide to an (p ) Office of the General Counsel. field positions the work of which is * * * Assistant Director, Urban Program Co­ financed jointly by the Department and ordination. cooperating persons, organizations, or (3) [Revoked.] * * * * * (q ) Office of the Special Assistant to governmental agencies outside the Fed­ the Secretary for Civil Rights. * * * (b ) Office of the Assistant Secretary for Housing Production and Mortgage eral service. Except for positions for (4) Two Special Assistants for Special Credit—Federal Housing Administration which selection is jointly made by the Groups. Commissioner. * * * Department and the cooperating organi­ (5) [Revoked.] (4) [Revoked.] zation, this authority is not applicable to (6) [Revoked.] * * * * * positions in the Agricultural Research ***** (7) [Revoked.]. Service,-the Animal and Plant Health § 213.3318 Environmental Protection ***** Inspection Service, or positions in the Statistical Reporting Service. This au­ Agency. (d ) Office of the Assistant Secretary (a ) Office of the Administrator. * * * for Community Planning and Man­ thority is not applicable to the following (2) [Revoked.] agement. * * * positions in the Agricultural Marketing ***** (3) Four Special Assistants to the As­Service; Agricultural Commodity grader (c ) Office of Public Affairs. * * * sistant Secretary. (grain), (m eat), (poultry), and (dairy), (2) [Revoked.] * * * * * agricultural commodity aid (grain), and § 213.3320 Inter-American Foundation. (7) [Revoked.] tobacco inspection positions. ***** ***** ***** (b) [Revoked.] (10) One Staff Assistant to the Assist­ ( f ) Agricultural Marketing Service. * * * * * ant Secretary. ♦ 4« * * * * * * § 213.3342 Export-Import Bank of the (б) Temporary positions at GS-9 and United States. (e ) Office of the Assistant Secretary below of Agricultural Commodity * * * * * for Community Development. * * *' Graders (Poultry) and Agricultural (3) One Special Assistant to the As­ (g) [Revoked.] sistant Secretary. Commodity Graders (Dairy). Employ­ * * * * * ♦ * * * * ment under this authority may not ex­ ceed 1280 hours a year. § 213.3354 Federal Home Loan Bank (6) [Revoked.] Board. ***** ♦ * * * * * * * * • (5 U-S.C. secs. 3301, 3302; E.O. 10577, 3 CFR § 213.3394 Department of Transporta­ (c) One Assistant to a Board Member. 1954-58 Comp. p. 218) tion.

FEDERAL REGISTER. V O L 38, NO. 237— TUESDAY, DECEMBER 11, 1973 RULES AND REGULATIONS 34105

Title 7— Agriculture PART 215— SPECIAL MILK PROGRAM FOR PART 220—SCHOOL BREAKFAST AND CHAPTER II— FOOD AND NUTRITION CHILDREN NONFOOD ASSISTANCE PROGRAMS SERVICE, DEPARTMENT OF AGRICUL­ Appendix— Apportionment of Special Milk AND STATE ADMINISTRATIVE EX­ TURE Program Funds Pursuant to Child Nu­ PENSES trition Act of 1966, Fiscal Year 1974 PART 210— NATIONAL SCHOOL LUNCH Appendix— Apportionment of Nonfood As­ PROGRAM Pursuant to section 3 of the Child sistance Funds Pursuant to Child Nu­ Appendix— Apportionment of Food Assist­ Nutrition Act of 1966, as amended, milk trition Act of 1966, Fiscal Year 1974 ance Funds Pursuant to National School assistance funds available for the fiscal Pursuant to section 5 of the Child Nu­ Lunch Act Fiscal Year 1974 year ending June 30, 1974, are appor­ trition Act of 1966, as amended, Public Pursuant to section 11 of the National tioned among the States as follows: School Lunch Act, as amended, food as­ Law 89-642, 80 Stat. 887, nonfood assist­ sistance funds available for the fiscal ance funds available for the fiscal year year ending June 30, 1974, are appor­ Total With- ending June 30, 1974, are apportioned State apportion- State held for tioned among the States as follows: ment agency private among the States as follows: schools

Total Withheld Total With­ State apportion- State for State apportion­ State held for Alabama______$1,428,274 $1,378,182 $55,092 ment agency private ment agency private Alaska------34,402 84,402 ... schools Arizona______520,500 620,500 . . . schools Arkansas______941,452 893,905 47,547 Alabama...... $7,883,646 $7,836,749 $46,797 California...__ i __ _ 7,208,917 7,208,917 ______Alabama______... $883,396 $272,874 $110,522 Alaska______. . . . 342,180 342,180 ______Colorado------898,828 834,058 64,770 Alaska_____ ... ___ 48,169 . Arizona...... 2,409,585 2,409,685 ______Connecticut___ ...... 1,864,312 1,864,312 ...... Arizona______215,827 215,827 . Arkansas..__ ...... 4,591,770 4,557,336 34,434 Delaware______285,866 285,866 . . . . . _____Arkansas______157,740 150,974 6,766 California------18,419,734 18,419,734 ...... Del. St. Dis. A g ...__ 18,491 18,491 ______California______... 1,632,288 1,632,288 . Colorado______. . . 2,126,037 2,051,300 74,737 District of Columbia. 394,267 394,267 ______Colorado. . ______215,644 178,482 39,162 Connecticut....__ _ 1,793,836 1,793,836 ...... Florida...... ______1,690,835 1,690,885 ...... Connecticut__ •___ 529,207 529,207 . Delaware------494,692 494,692 .. ______Georgia______.... __ 1,570,604 1,533,071 87,533 Delaware______72.443 72,443 . District of Hawaii______69,749 45,246 24,503 District of Columbia. 72.306 72,306 . C o lu m b ia...... 1,096,232 1,096,232 ...... Idaho...... 185,006 168,681 16,325 Florida...... - 715,303 715,303 . Florida------. . . 8,841,084 8,841,084 ______Illinois______5,995,319 5,995,319 ...... Georgia______... 425,078 425,078 . Georgia...... ____ 8,485,913 8,485,913 ______Indiana....______. . . 3,049,907 3,049,907 ______Guam______9,202 9,202 . Guam. . . ______213,192 213,192 __ .. ___ Iowa______1,530,341 1,390,189 140,152 Hawaii______65,311 18,945 Hawaii------568,476 499,054 69,422 Kansas______...... 930,725 930,725 ...... Idaho______73,884 69,502 4)382 Idaho...t______697,658 682,406 15,152 Kentucky______1,762,578 1,762,578 _____Illinois...... 1,305,027 1,305,027 . Illinois______. . . 9,177,861 9,177,861 ______Louisiana....__ . . . . . 721,089 721,089 . . . _____In d ian a..._____ ...... 468; 275 468,275 . Indiana...______3,685,828 3,685,828 ...... Maine______551,476 494,018 67,458 Iowa______285,503 217,515 67,988 Iowa------2,172,275 1,963,919 208,356 Maryland_____ ...... 2,746,428 2,746,428 ...... Kansas. . ____ 212,848 212,848 . Kansas------1,948,900 1,948,900 ____ ; ___ Maryland Budget & Kentucky______280)602 280,602 . Kentucky.______6,358,405 6,358,405 ____ _ Proc...... 87,057 87,057 ______Louisiana..______457,575 457,575 . Louisiana....__ . . . 9,093,155 9,093,155 ...... M assachusetts...... 3,326,772 8,326,772 ...... Maine______...... 139,961 14,231 Maine------969,863 924,152 45,711 Michigan______5,369,146 5,369,146 ...... Maryland______344,447 344,447 . Maryland______3,601,839 8,501,830 ______Minnesota______2,878,589 2,878,589 . . . . . _____Massachusetts____ _ 857,914 . Massachusetts...... 3,719,236 3,719,236 ...... M is sis sip p i...... 1,041,063 1,041,063 ...... ____Michigan______933,992 933,992 . Michigan._____ . . . . 6,758,504 6,768,604 . . . . ___ _ Missouri ______2,263,020 2,211,567 51,453 Minnesota______... 398,118 398,118 . Minnesota______2,940,467 2,940,467 . . . . M ontana...... 214,118 191,321 22,797 Mississippi.._____ 309)607 309,607 . Mississippi.....__ _ 7,813,647 7,818,647 ...... Nebraska...... 646,567 656,409 90,158 Missouri______390,840 390, 840 . Missouri...... 6,230,489 6,230,489 ______Nevada______178,062 159,215 18,847 Montana...... 115,117 11,669 M o n ta n a ...... 769,754 689,844 69,910 New H am pshire..... 528,598 528,598 . . . ______Nebraska______217,870 165,364 52,516 Nebraska...... 1,409,969 1,167,349 242,620 New Jersey.______3,670,801 8,177,648 493,153 Nevada______29,389 7,907 Nevada...... 357,148 353,590 3,558 New Mexico______550,178 308,729 241,449 New Hampshire. 96,685 96,685 . New Ham pshire... 427,599 427,699 . _____ ... New York...... 7,611,448 7,611,448 ____New Jersey...... 1,471,792 1,125,925 345,867 New Jersey______4,877,695 4,632,984 244,611 N .Y . Off. Gen. S v ... 304,638 304,588 ______New M exico.___ _ 101,715 101,715 . New Mexico______2,271,674 2,271,674 ______North Carolina___ . . . 2,607,935 2,607,936 ...... New York...... 1,970,606 1,970,606 . New York______. . . 16,510,129 16,510,129 ______North Dakota______849,481 316,638 33,843 North Carolina___ 477,399 477,399 . North Carolina.___ 8,987,572 8,987, 572 ______O h io ...______6,667,064 6,022,083 634,971 North Dakota...... 64,340 58,807 6,033 North Dakota__ . . . 778,447 651,742 126,705 Ohio Dep. Pub. Wei.. 168,243 168,243 . ______Ohio...... 866,310 438,349 Ohio------8,495,708 7,802,407 693,301 Oklahoma.....____ _ 870,959 870,959 . . . . Oklahoma______178,899 . Oklahoma._____ 3,720,984 3,720,984 ______Oregon______670,282 653,973 16,309 Oregon______...... 179,789 179,789 . Oregon------. 1,714,763 1,714,763 ______Pennsylvania______5,217,181 4,691,989 525,192 Pennsylvania_____ ... 1,344,118 1,344,118 . Pennsylvania___ _ 9,121,253 9,121,253 ...... Rhode Island.______661,575 661,675 ______Puerto R ico...... 283,519 . Puerto Rico__ __ _ 6,678,980 6,678,980 ______South Carolina______1,196,091 1,100,801 68,290 Rhode Island...... 98,287 98)287 . Rhode Island___ _ 769,185 769,135 ______South Dakota______320,512 320,512 ______Samoa, American... 3,986 3,986 . Samoa, American.. 80,989 80,989 ...... Tennessee____ . . . 1,784,187 1,712,796 71,391 South Carolina...... 315,346 232,880 82)466 South Carolina____ 5,812,922 5,800,273 12,649 Texas..______3,674,349 3,448,214 226,135 South D a k ota...... 68,084 68,084 . South Dakota__ . . . 1,020,263 1,620,263 ______Tennessee___ ...... 302,293 286,169 16,124 Utah______296,678 295,163 1,525 Texas..______815,513 658,735 Tennessee.______7,292,054 7,265,803 26,251 Vermont...... 279,161 272,163 6,998 156,778 Texas------. . . 17, 829,921 17,589,092 240,829 Utah______.... 117,815 117,815 . Utah______938,235 933,235 ______Virginia______; 1,867,835 1,751,128 116,707 Vermont______79)393 79,393 . Vermont______845,790 345,790 . . ______Washington..______1,348,262 1,192,118 156,144 Virginia_____ ...... 320,884 41,443 Virginia______6,140,685 6,124,762 15,923 West Virginia____ ; .939,899 903,046 36,863 11,746 11,746 . Virgin Islan ds...... 138,039 138,039 ______Wisconsin______3,479,229 2,901,631 577,698 Washington______„ 274)702 214,060 60,642 Washington______2,598,103 2,551,207 46,896 Wyoming....__ ___ 107,494 107,494 ____West V irgin ia...... 147,349 129,695 17,654 West Virginia._____ 3,202,379 3,183,021 19,358 Wisconsin...... 585,066 369,579 215,487 Wisconsin______3,137,034 2,689,790 447,244 Total__ ..^ . ^ .. 95,363,730 91,600,637 3,863,193 Wyoming______293,572 293,572 ______; Wyoming------... 39,437 39,437 . ------! Total______237,040,000 234,855,536 2,684,464 Total.______22,110,000 20,395,069 1,714,931 (Secs. 2, 3, 6 and 8-16, 80 Stat. 885-890; 42 (Secs. 2-12, 60 Stat. 230, as amended; 42 U.S.C. 1771, 1772, 1775, 1777-1785.) UJ3.C. 1751-1760) Pursuant to sections 5(b) and 5(e) of Dated: December 3,1973. the Child Nutrition Act of 1956, as Dated: December 3,1973. amended, Public Law 89-642,80 Stat. 887, E dward J. H e r m a n , E d w a r d J. H e r m a n , Administrator. nonfood assistance funds available for Administrator. the fiscal year ending June 30, 1974, are [FR Doc.73-26096 Filed 12-10-73; 8:45 am } [FR Doc.73-26095 Filed 12-10-73:8:45 am] apportioned among the States as follows:

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11 1973 34106 RULES AND REGULATIONS

S ectio x 5 (b ) Se ctio n 5 (e )— Continued 2. A new paragraph is added to § 724.52 relating to the extent of deter­ Total With- T id a l W it h ­ mination and rule for rounding percent­ State apportion- State held for S ta te a p p o rtio n ­ S ta te h e ld fo r ages used to reduce tobacco farm market­ ment agency private m e n t a g e n c y p riv a te schools schools ing quotas after it has been determined that a violation has occurred. 3. Section 724.57 is amended to clarify Alabama^ $277,210 $272,393 $4,817 17,64« 17,646 — ___ _s North Carolina.__ — = 3 31,392 31,392 .■ ... - that the farm allotment is to be dropped 102,127 102,127 _____ North Dafcota—sssss a 19,760 17,663 2,097 when all the cropland in the farm is re­ 160,170 147,387 2,783 O h io ______. . . ._ . s s s 785,700 379,061 406,639 693,106 598,105 ______: S3 13,123 13,123 . • —7 tired from agricultural production. 126,796 122,242 4,666 s s 68,663 68, 663 . ,-TT- 4. Sections 724.69 and 724.79 are Connecticut --¿.-s— ; 95,899 95,899 _____ .... Pennsylvania _____ sss s 838,105 838,105 . Delaware____ s s i^ s j 34,885 34,885 ______: s s 109,812 109,812 , amended to provide that signatures on District of Columbia. 30,411 30,411___ — Rhode Island ____ . = 3 s T il 881 71,881 ,.-„■-•.•n-Ta a transfer agreement may be witnessed Fionda__ 434,396 434,896____ : in any State or county office convenient Georgia.; 425,009 425,009 — ____ -s South Carolina— —s s 84,292 3,723 80,569 Guam__ 7,637 7,537 ______South Dakota...____ 18,971 18,971 to the producer. H aw aii.... 68,664 65.311 3,253 T e n n e sse e ______... 18,584 5,693 12,891 5. Section 724.71 is amended to provide Idaho.£ ... 45,232 44,260 963 T e x a s ______. . . 161,771 19,556 142,215 niinois.. 437,354 437,354 — ---- - s U t a h ...... 26,623 26,623 ,______-¿g that a farm allotment may be produced Indiana, s. 315,201 315,201______- V e r m o n t ______55,915 55,915 on another farm in the same or any other Iow a.. 213,649 193,267 20,382 V ir g in ia ______39,718 1,045 38,673 Kansas__.— s 136,652 136,652 ______i V ir g in Is la n d s ______4,007 ■ 4,007 nearby county where such acreage can­ Kentucky^— - 259,878 259,878 ____ ss,---- : W a s h in g to n ______126,166 67,945 58,211 not be timely planted or replanted be­ 340,274 340,274 ____ W est Virginia ______32,915 16,801 16,114 Louisiana . *sss 185,538 cause o f a natural disaster. Maine, r -rVi-r; 67,078 53,470 3.608 Wisconsin... _____ 369,174 183,636 M aryland«__ - 161,417 161,417 ______; 20,587 20,587 . -jt___ 6. Section 724.79 is amended to require Massachusetts. 296,347 296,347 ______that any tobacco produced in the same Michigan. 321,036 321,036 ___ ; T o t a l - ...... 11,055,000 9,496,849 1,558,151 Minnesota 276.709 276,709 ______area as a kind of tobacco subject to mar­ Mississippi.;— — . 202,687 202,687 ______keting quotas shall be considered as a Missouri____—.— ; 273,299 •273,299 ______(Secs. 2, 5, 6 and 8 through 16, 80 Stat. 885- Montana ____ — 34,227 32,780 1,447 890; U.S.C. 1771, 1774,1775,1777-1785.) kind subject to marketing quotas unless Nebraska------81,730 82,089 9,641 ft is classified by an AMS inspector as a Nevada.— — i™ —- 15,369 15.311 68 D ated: December 3,1973. different kind prior to its removal from New Hampshire____ 35,896 35,896 ...... New Jersey__ __—. 209,780 196,537 13,243 E dw ard J. H e k m a n , the area in which produced. New M exico..«.-s.— 81,528 81,528 ______7. Section 724.86 is amended to require New York—__ ——— 724,482 724,482 ______Administrator. 446,007 ______that each marketing of tobacco from a North Carolina—. ___ 446,007 (P R Doc.73-26094 Piled 12-10-73; 8;45 am ] North Dakota______44,580 40,644 3,936 farm be identified by a marketing card Ohio. ; ______• 518,959 487,249 31,710 unless prior to marketing an AMS cer­ Oklahoma______165,776 165,776 ______3 Oregon.— . ______- 111, 126 111,126______j CHAPTER VII— AGRICULTURAL STABILI­ tification shows it to be nonquota Pennsylvania___;----- 506,013 506,013 . . . . . ____ ; ZATION AND CONSERVATION SERVICE tobacco. Puerto Rioo_x—£~— 173,707 173,707 . ____ ;___ ; (AGRICULTURAL ADJUSTMENT), DE­ Rhode Island___ _—- 26,406 26,406 ______....• 8. Section 724.88 is amended to show Samoa, American----- 3,986 3,986 ______i PARTMENT OF AGRICULTURE the 1972-73 average m arket price and South Carolina._ .... 231,054 229,157 1,897 South Dakota-:..__ — 49,113 49,113 — _____—- SUBCHAPTER B— FARM MARKETING QUOTAS the 1973-74 rate o f penalty per pound for Tennessee.— ;.— - __ _ 283.709 280,476 3,233 AND ACREAGE ALLOTMENTS the kinds of tobacco covered by this reg­ 653,742 639,179 14,563 [Arndt. 2] 91,192 91,192 ______—. ulation. Vermont___ —. 23,478 23,478 ______PART 724— FIRE-CURED, DARK AIR- 9. Section 724.95 is amended to pro­ V i r g i n i a . ___ , 322,109 319,339 2,770 vide that penalties for false identifica­ Virgin Islands.:—. __ _ 7,739 7,739 ______. CURED, VIRGINIA SUN-CURED, CIGAR- Washington___ .__ :___ 148,546 146,115 2,431 BINDER (TYPES 51 AND 52) AND tion and failure to account and allotment West Virginia— : —--- 114,434 112,894 1,540 CIGAR-FILLER AND BINDER (TYPES 42, reductions for false identification need Wisconsin—__—s_— 215,692 185,943 29,949 Wyoming.— ...... 18,850 18,850 ______43, 44, 53, 54, AND 55) TOBACCO not be applied where the pounds of vio­ lation are very small when compared to Total.— __ 11,055,000 10,898,220 156,780 Subpart— Tobacco Allotment and Market­ ing Quota Regulations, 1972-73 and the farm marketing quota and no ad­ Subsequent Marketing Years verse effect on the tobacco program in Section 5(e) the area would result. 1973 P e n a l t y P er P o u n d R ate for 10. Section 724^98 is amended to ex­ E x cess T obacco empt dealers from reporting their total Total With­ State apportion­ State held for This amendment is issued pursuant purchases and resales of tobacco on the ment agency private MQ-79, Dealer’s Record where five per­ schools to the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1281, et. s e q .). cent or less of such tobacco is resold in The main purpose of this amendment the form normally marketed by pro­ Alabama...... ------$106,186 $481 $105,705 is to publish the mathematically com­ ducers and where the resales exceeding 30,523 30,523 five percent are due to order buying and i------113.700 113,700 puted penalty per pound rate for 1973 ■ 7,570 3,567 3,993 crop year marketings of excess tobacco. prior approval is obtained from the Di­ - „ 1,034,183 1,034,183 rector, Program Operations Division. . ' 88; 846 54,240 34,606 Other changes have been made for clar­ - 433,308 433,306 ity and for uniformity with provisions 11. A new section 724.107 is added to ■ • ■ 37! 558 37; 558 previously made applicable for other authorize warehousemen to retain pro­ District of Columbia- 41,895 41,895 280,907 kinds of tobacco. In addition, names ducer marketing cards under certain r- - - 69 69 conditions. .T-. l r 665 1,665 of U.S. Department of Agriculture 15,692 . 15,692 (USDA) organizational units have been Tobacco farmers are now in the 28,652 25,233 3,419 changed to conform with a recent in-' process of preparing their 1973 crop of Illinois___ .. - ,- - - ,- 3 867,673 867,673 ___ ------153,074 15$; 074 temal USDA reorganization. tobacco covered by these regulations for _ - — 71,854 24,248 47,606 The changes in the regulations to in­ market and tobacco warehousemen and ------• 76,196 76,196 Kentucky___ « 20,724 . 20,724 - corporate this amendment are as fol­ farmers need to know the provisions of Louisiana.. .. . 117,301 117,301 lows: these regulations. Hence, it is essential Maine___ 97,114 86,491 10,623 that these regulations contained herein Maryland.....: 183,030 183,030 1. The term false identification is de­ Massachusetts. 561,567 561,567 , fined and expanded to clarify the allot­ be made effective at the earliest possible Michigan__ 612,956 612,956 . date. Accordingly, it is hereby found and Minnesota—s. 121,409 121,409 . ment reduction and penalty provisions Mississippi.._ 106,920 106,920 ; determined that the compliance with the Missouri. 117,541 117,541 relating to violations where a producer notice, public procedure and 30-day ef­ Montana__ —sss: 92,559 82,337 10,222 falsely identifies or fails to identify 553 N ebraska. 126,140 83,265 42,875 fective date provisions of 5 U.S.C. Nevada.a 21,927 14,078 7,849 marketings of tobacco as to the farm is impracticable and contrary to the pub­ New Hampshire.. 60,789 60,789 lic interest. The regulations contained New Jersey— = 1,262,012 929,388 *332,*624 on which produced.

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 ■RULES AND REGULATIONS 31107 herein shall become effective on Decem­ acreage of tdbacco harvested on the farm Xz) Tobacco. Fire-cured tobacco ber IQ, 1973. times the farm acreage allotment. Xtypps 21, 22, 23, and 24); Dark air- The regulations are as follows: Xo) Marketing year. The period be­ cured tobacco (types 35 and 36); Vir­ 1, Paragraphs (K) and (3) throughginning October 1 of the year in which ginia sun-cured tdbacco (type 37); 4cc) of §724.51 are revised to read: the tobacco Is produced and ending 'Cigar-binder tdbacco (types 51 and 52); ■September 30 of the fdfiowing year. and Cigar-filler and Binder tobacco § 724.51 Definitions. (p ) Marketing recorder. Any em­ ftyp es 42, 43, 44, 53, 54, and 55) as * * * * * ployee of the TJ.'S. Department of Agri­ classified in Service and Regulatory <(h) Director. The Director, or Acting culture, or any -employee of an Agricul­ Announcement No. 118 (Part 30 of this Director, Program Operations Division, tural Stabilization and Conservation title) of the former Bureau of Agricul­ Agricultural Stabilization and (Conserva­ Service (ASCS) county office, whose tural Economics of the U.S. Depart­ tion Service, Q fi. Departm ent o f Agricul­ duties involve the preparation and han­ ment of Agriculture. As used herein ture. dling of records and reports pertaining “‘cigar tdbacco” means the latter two * * * * * to the identification Dr marketing of kinds of this paragraph. (aa.) Tobacco available for marketing. (j) False identification. False identi­ tobacco. Xq) New farm. A farm for whidh a All tobacco produced on a farm, Includ­ fication occurs i f : ing ^carryover tobacco, which has not ID Tobacco was marketed nr was tobacco allotment is established in the current year, and for which there is no been marketed or disposed of so that it permitted to be marketed in any mar­ cannot be marketed. keting year as having been produced on tobacco history acreage in the base pe­ riod (except an allotment established (b b ) Trucker. A person who tracks or any farm when, in fact, it was produced hauls tdbacco for« producers, or any on a different f arm; or as a result of a transfer by sale or by owner for Fire-cured, Dark air-cured, or other persons. (2) Tobacco was marketed or was (cc) Warehouseman. A person who en- permitted to he marketed in any mar­ by Virginia sun-cured under § 724.70, or an allotment established as the result of gages in the business of holding sales of keting year from a farm and was not tdbacco ait public auction. identified by a tobacco marketing card acreage reallocated for Cigar-binder for the farm ; or (types 51 and 52) and Cigar-filler and 2. In § 724.52 paragraph (d) is (3) The farm operator or any other B inder (types 42, 43, 44, 53, 54, and 55) amended and a new paragraph (f) is producer on a farm permits the use of tobacco under §724.72). If, in accord­ added to read: the tobacco marketing card for the farm ance with applicable law and regula­ tions, no tobacco acreage allotment was § 724.52 Extent of determinalkms, com­ to record a marketing of tdbacco when, putations, and rale for rounding in fact, no tobacco was marketed from •determined for the farm for any year o f the base period, any production of fractions. the farm . ***** (k) Floor sweepings. The actual quan­ •tobacco on such farm during the base period shall not be considered in deter­ (d ) Converted rate of penalty. T h e tity of scraps iff tobacco or leaves other amount of penalty per pound upon mar­ than bundles of tobacco, which accumu­ mining whether the farm is a new farm. The term “tobacco history acreage” as ketings of tdbacco subject to penalty, late on the warehouse floor in the regu­ hereinafter referred to as the “converted lar course of business which are sold in used in this paragraph is defined In •§ 724.57. rate of penalty,” shall be expressed in the untied form in which acquired and tenths o f a cent, sales and resales of such tobacco: Pro­ <(r) Nonauction sale. Any first mar­ vided, That floor sweepings (exceeding keting of tobaoco other than by a sale at * * * * * the pounds determined by multiplying auction. CD Percentage reduction for viola­ the total first sales of tobacco at auc­ (s ) Old farm. A farm on which there tion. A percentage of reduction in an al­ tion for the season for the warehouse is tobacco history acreage in 1 or more lotment due to a violation shall be de­ by the percentage below shall be deemed years of the base period. termined in tenths percent and calcula­ to be leaf account tobacco; ( t ) Pound. The amount of tobacco tions thereof rounded to the nearest which, if weighed in its unstemmed form tenth percent. Kind of Tobacco Percentage ?and in the condition in which it is usu­ Fire-cured, Dark air- 0.02 (two - h.ua- ally marketed by a producer, would 3. In § 724.57 paragraph (aM l) is re­ cured and Virginia dredths of 1 per- equal 1 pound standard weight. vised to read: sun-cured. cent)- (u ) Resale. The disposition by sale, X} 724.57 Determination o f preliminary- Moor sweeping tobacco shall be kept barter, exchange, or gift between living acreage allotments and tobacco his­ separate from any other tobacco when persons, of tobacco which has been mar­ tory acreage for old farms. sold. keted previously. (a ) Determination of preliminary acre­ Cl) Leaf account tobacco. A ll tobacco Xv) X I) Sale. The first marketing of age allotments— (1 ) Farms with history purchased or otherwise acquired by or cigar-filler and cigar-binder farm to­ acreage in base period. A preliminary for the account of a warehouse and shall bacco on which the gross amount of the farm acreage allotment shall be deter­ include, but not be limited to, tobacco sale price therefor has been or could be mined for each farm which has tobacco from buyers corrections account, and readily determined. history acreage, as defined and explained •sales and resales of such tobacco, scrap (2 ) Sale date. The date on which theIn paragraph (b) of this section, in the tobacco obtained through grading gross amount of the sale price of a first base period, except that no preliminary tobacco for farmers or furnishing farm­ marketing of tobacco is determined. farm acreage allotment shall be estab­ ers curing nr stripping space, floor (w ) Sale day. The period at the end lished in the current year under any one sweepings purchased from another ware­ of which the warehouseman bills to buy­ of the following conditions; CD A new houseman or dealer, and floor sweepings ers the tobacco purchased by them dur­ farm allotment was established in any deemed to be le a f account tobacco under ing such period. prior year but was cancelled for such Paragraph (k) of this section. Cx) Scrap tobacco. The residue which year and the farm had no other tobacco (m ) Market. The disposition, of to­accumulates in the course of preparing history acreage during the base period; bacco in raw n r processed form by vol­ tobacco for market, consisting chiefly Oil) an allotment was pooled under Part untary or involuntary sale, barter, or of portions of tobacco leaves and leaves 719 of this chapter but was cancelled; exchange, or by gift between living per­ of poor quality. or Qii) the county committee determines sons, ‘Marketing” and ‘.‘Marketed” shall Xy) Suspended sale. Any first market­ that all the cropland in the farm has nave corresponding meanings to the ing of tdbacco at a warehouse sale for been retired from agricultural production term “market”. which the sale is not identified by the and the farm was not or could not have to) Marketing quota for u farm. Th e end of the sale day by the marketing been acquired under right of eminent actual production of tobacco on the farm card (including sale memo, where appli­ domain by the acquiring person or acreage allotment, which shall be the cable) Issued for the farm where the agency. This subdivision shall not pre­ average yield per acre for the entire tobacco was produced. clude the determination of a preliminary

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34108 RULES AND REGULATIONS

acreage allotment for an old farm re­ or lease is to be made are different per­ § 724.79 Identification o f kinds of to­ turned to agricultural production if the sons, both such persons shall execute the bacco. allotment for the retired land was not record of transfer; however, only the A ny tobacco th at has the same charac­ allocated to other land contained in the owner or operator of the receiving farm teristics and corresponding qualities, farm of which the retired land was a is required to sign the transfer. A State colors, and lengths o f a kind and type part, or for a farm for which an acreage or county committee member or em­ shall be considered such kind and type allotment may be determined under the ployee must witness the signature of without regard to any factor of historical provisions o f § 724.67 (a ) . either the owner or operator o f the trans­ or geographical nature which cannot be * * * * + ferring farm and the owner or operator determ ined by exam ination o f the of the receiving farm. If such signatures 4. In § 724.69 paragraph (c )(2 ) is re­ tobacco. Any tobacco (except Georgia- cannot be witnessed in the county office vised to read: Florida wrapper) with respect to any where the farm is administratively lo­ farm located in an area in which one or § 724.69 Lease and transfer o f tobacco cated, they may be witnessed in any State more of a kind and type of tobacco, as acreage allotment— Cigar-binder or county office convenient to the owner classified in Service and Regulatory An­ (types 51 and 5 2 ) and Cigar-filler or operator’s residence. The requirement and Binder (types 42, 43, 44, and nouncement No. 118 (P a rt 30 o f this that signatures be witnessed for produc­ title) of the former Bureau of Agricul­ 53 ) tobacco. ers who are ill, infirm, reside in distant * * * * * tural Economics of the U.S. Department areas, or are in similiar hardship situa­ o f Agriculture, is norm ally produced, (c ) Filing and approval of transfertions may be met by mail, provided a which is represented by the farm opera­ agreements * * * request is made by the receiving pro­ tor as a nonquota kind, shall be con­ (2 ) Record of transfer on ASCS-375. ducer. In the case of a permanent trans­ sidered as a kind subject to marketing No lease and transfer of any allotment fer, such request must be accompanied by quotas (if more than one kind in the under this section for 1972 and subse­ a statement signed by all parties to the area the kind with the highest penalty quent crops shall become effective until a transaction confirming that the sale has rate) unless the county committee, with a record of the transfer has been executed been made. S tate com m ittee representative’s ap­ on Form ASCS-375 and filed with the * * * * * proval, determines the tobacco to be a county committee by the parties to the (g ) Sale and lease transf ers—lim it on kind with a lower penalty rate or a kind transfer. If the owner and operator of amount of acreage transferred. T h e tota l n ot subject to m arketing quotas. The de­ the farm from which transfer by lease of the Fire-cured, Dark air-cured, or Vir­ termination shall be based on satisfac­ is to be made are different persons, both ginia sun-cured tobacco allotment which tory proof furnished by the farm operator owner and operator shall execute the rec­ may be transferred for each kind of to­ that the Agricultural Marketing Service, ord of transfer; however, only the owner bacco, by sale, lease, or by owner, to a U.S. Departm ent o f Agriculture, under or operator of the receiving farm is re­ farm shall not exceed 10 acres of allot­ the Tobacco Inspection A ct (7 U.S.C. quired to sign the transfer. A State or m ent: Provided, That the total of each 511) and regulations issued pursuant county committee member or employee acreage for each kind of tobacco allotted thereto has, prior to rem oval o f the must witness the signature of either the to any farm a fte r such tran sfer (th e sum tobacco from the area of production, owner or operator of the transferring of its own allotment and the acreage classified the tobacco as a kind with a farm and the owner or operator of the transferred after any adjustment in nor­ lower penalty rate or a kind not subject receiving farm. If such signatures cannot mal yields for the current year) shall to quotas. be witnessed in the county office where not exceed 50 per centum of the acre­ the farm is administratively located, they 8. In § 724.86 paragraph (a ) is re­ age of cropland in the farm. The crop­ vised to read: may be witnessed in any State or county land in the farm for the current year office convenient to the owner’s or op­ for purposes of such transfers shall be § 724.86 Identification o f marketings, erator’s residence. The requirement that the total cropland as defined in Part 719 excluding cigar tobacco. signatures be witnessed for producers of this chapter. (a ) MQ-76, within Quota card, and who are ill, infirm , reside in distant areas, * ■ * * * * MQ-77, excess marketing card. Subject or are in similar hardship situations or to paragraph (b) of this section, each may be unduly inconvenienced may be 6. In § 724.71 paragraph (b) is revised to read: m arketing o f tobacco from a farm shall waived provided the county office mails be identified by the marketing card issued Form ASCS-375 for the required signa­ § 724.71 Transfer o f tobacco farm acre­ fo r the farm eith er an MQ-76 or MQ-77 ture. age allotment for farms affected by (including sale memo) unless prior to * * * * * a natural disaster. m arketing an AM S certification shows it 5. In §724.70 paragraphs (a)(1) and # * * * * to be nonquota tobacco. In addition, each (g) are revised to read: (b ) Application for transfer. T h enonauction sale shall (1) for within quota farms be indicated by a check mark § 724.70 Transfer of Fire-cured, Dark owner or operator of a farm in a county air-cured, and Virginia sun-cured to­ designated fo r any year under paragraph on the inside of MQ-76, and (2) for bacco allotment by lease, sale or by (a) of this section may file a written ap­ excess farm s fo r which an MQ-77 is is­ owner under section 318 o f the act. plication for transfer of tobacco acreage sued be identified by an executed bill of * * * * * within the farm tobacco allotment for nonauction sale, and such bills of non­ such year to another farm or farms in auction sale shall be delivered to a mar­ (a ) Persons eligible to file a record ofthe same county or in any other nearby transfer (Form ASCS-375) — (1 ) Sale or county in the same or another State if keting recorder or other person who is lease. The owner and operator of any such acreage cannot be timely planted or authorized to issue sale memos. old farm as defined in § 724.51 for which replanted because of the natural dis­ • * * ' * * a Fire-cured, Dark air-cured, or Virginia aster determined for such year. The ap­ sun-cured tobacco allotment is or will be 9. Section 724.88 is amended by adding plication shall be filed with the county paragraph (e) to read: established fo r a year in which a transfer committee in which the farm affected by by sale or lease is to take effect shall be § 724.88 Rate o f penalty. eligible to file a record of transfer for such disaster is located.- If the applica­ sale or lease of all or any part of such tion involves a transfer to a nearby (e ) (1 ) 1972-73 average market price. allotment to any other owner or operator county, the county committee for the The average market price for the kinds of a farm in the same county, and in the nearby county shall be consulted before of tobacco listed below as determined by same State for Virginia fire-cured (type action is taken by the county committee the Crop Reporting Board, Statistical 21) and Virginia sun-cured (type 37) receiving the application. Reporting Service, U.S. Department of tobacco. The receiving farm need not be Agriculture, for the 1972-73 marketing an old farm. If the owner and operator * * # * * of the farm from which transfer by sale 7. § 724.79 is amended to read: year was:

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 RULES AND REGULATIONS 34109

A verage M arket P rice report of the acreage production and dis­ § 724.107 Warehouses authorized to re­ Cents position of %U tobacco produced on the tain producer marketing cards be­ per farm by sending the same to the State or tween sales. Kinds of tobacco: pound Tire-cured (type 21) ------154/2 county committee showing, as iso the Notwithstanding any other provision Fire-cured (types 22, 23, 24)______57. 3 farm at the time ©f filin g such report, (1) of this part, to facilitate the scheduling Dark air-cured------i ------50. 8 the ¡number o f fields ¿patches or areas) of farmers’ tobacco to the warehouse, Virginia Sun-cured______57. 9 from which tobacco was harvested, the marketing cards with the permission o f Cigar ^filler and Binder ¡(types 42, acres a£ tobacco harvested from each the producer may toe retained at the 48, 44, 58, 54, and 55)______47.7 such field, and the total acreage of to­ Cigar-Binder (types 51 and 52)_____ 70. 2 warehouse between sales even though no bacco harvested from the farm, C2) the producer on the farm for which the card ‘(2) 1973-74 rate of penalty per pound,. total pounds of tobacco produced, (3) is issued has tobacco on the floor for The penalty Tate per ground for the kinds the amount of tobacco on hand and its sale or to be settled for, as provided in of tobacco 'listed below upon marketings location, (4) as to each lot of tobacco this section. of excess tobacco subject to m arketing marketed the name and address of the (a ) Warehouses eligible to retain pro­ quotas during the 1973-74 m arketing warehouseman, healer, or other person ducer marketing cards "between sales. A year shall be: to or through whom such tobacco was warehouse shall'be eligible to retain pro­ marketed, the gross price and the date B ate of P e n a l t y ducer marketing cards between sales iif Vents of the marketing, and (5) complete de­ the operator thereof shall: per tails as to any tobacco disposed of other 11) Execute and file on a form ap­ Kinds -of tobacco: pound than by sale. Failure to ¿file the MQ-108, proved by ASCS a written request with Fire-cured (type 2 1)------,------48 as requested, -the filing of a false MQ- the State committee (or county commit­ Fire-cured (types 22, 23,24 )______48 108, or the filing of an MQ-108 which is tee if designated by the StateN Commit­ Dark air-cured______38 found by the State or county committee Virginia .Sun-cured__ ___ ’______43 te e ) . to be incomplete nr incorrect, shall con­ (2) Agree to be responsible to ASCS Cigar-filler and Binder (types 42, stitute failure ttf the producer to account 43, 44, 53, -54, and 55)______.36 for an amount of money equal to the Cigar-binder (types 51and 52) ______X1) for disposition Of tobacco produced on amount that may be assessed against any the farm and the allotment next estab­ J Quotas terminated for 1973 crop. producer as marketing quota penalties, lished for such farm and kind of tobacco if the marketing that is the basis of as­ •10. In § 724:95, 'paragraphs (ev) said shall be ¿reduced, except that such ¿reduc­ sessment of penalty occurred while the '(h) are revised to read as follow s: tion fo r any such farm shall not be made warehouse was authorized to have cus­ if it is established to the satisfaction of tody o f th e m arketing card, fo r: § 724.95 Producer’s -records and reports. the county or State committee that (i) * * * * (i) Tobacco falsely identified for mar­ the failure to furnish sudh proof of dis­ keting by use of the producer’s market­ Ce) False identification. Where false position was unintentional and no pro­ in g card. identification (see § 724.51 (j ) ) occurs as ducer on such farm could reasonably (ff) Producer’s failure to account for to any tobacco, fihe allotm ent next estab­ have been expected to furnish such proof any tobacco marketed by use of the pro­ lished for the farm or farms and kind of of disposition: Provided, That such fail­ ducer’s m arketing card. tobacco involved shall be reduced, ex­ ure will be construed as intentional un­ (3) Agree to maintain anaccurate and cept that such reduction lor any such less such proof of disposition is furnished up-to-date journal containing a listing farm shall not be made if it is estab­ and payment of all additional penalty of afl producer marketing cards retained lished to the satisfaction of the coxmty is made, or (ii) no person connected with by the warehouse to facilitate the sched­ and State committees that (1) no person such farm for the year for which the al­ uling of farmer’s tobacco. The journal en such farm intentionally participated lotment is being established caused, shall show for each card retained the: in such marketing o r could have reason­ aided, or acquiesced in thé failure to Ci) Name o f fa rm operator; ably been expected ho have prevented furnish such proof. Cii) M arketing card number; such marketing-: Provided, That, the (iii) Date marketing card obtained marketing ¿hall toe construed as inten­ § 724.98 Dealers exempt from regular from producer; and tional, unless a ll tobacco from the farm records and reports, excluding cigar tfar) Date marketing card returned to is accounted for and payment of all ad­ tobacco buyers. producer. ditional penalty is made, or <20 no p er­ Such journals shall be maintained for son connected with such farm for the Any dealer or buyer who acquires to­ the length of time and under the con­ year fo r which the allotm ent is being bacco in the forai in which tobacco or­ ditions required for other warehouse established «caused, aided, nr acquiesced dinarily is sold by farmers and resells records. in suoh marketing. The requirements of 5 percent or less of any such tobacco (4) Agree to return the marketing this paragraph need not be applied if shall not be subject to the requirements card to the producer at any time the it is determined by the State and county of § 724.97 except for the requirements producer may so request or, in the ab­ committees that the pounds in violation which relate to the reporting of nonauc­ sence of a request, return it to the pro­ are minimal when compared to the farm tion purchases from producers and the ducer within seven C7) days after the marketing quota and b o adverse effect on requirements o f paragraph (e ) o f § 724.- close o f th e warehouse fo r th e season. "the operation of the tobacco program in 97. A dealer or buyer whose resales in the C5) Agree that this authorization may the area would result. form ordinarily sold by farmers exceed be terminated by ASCS for failure to * * * * * § percent of its purchases as a direct re­ comply w ith provisions o f this agreement. sult of order buying for another dealer (b ) Penalties considered to be the re­ (h) Report of production, and dispo­ for a service fee may be exempt from the sition. In addition to any other reports sponsibility of warehouseman. N otw ith­ requirements of § 724.97 (except for re­ standing any other provision of this part, which may be required by tMs subpart, quirements which relate to nonauction the operator on each farm, or any pro­ a warehouse operator who executes and purchases from producers and require­ files a written request with the State ducer on the farm (even though the har­ ments of paragraph (e) of § 724.97), vested acreage does n ot exceed the acre­ committee (or county committeelf desig­ provided prior approval is obtained from nated by the State committee) for au­ age allotment or even though no allot­ the Director, Program Operations Divi­ ment was established for the farm) thorization to retain producers’ market­ sion: Provided, That where deemed nec­ ing cards at the warehouse, with grower shall, upon written request by certified essary the Director, Program Operations omil from the State or county comm it­ permission, shall he responsible to ASCS tee. within 15 days after deposit of such Division, or the State committee may for an amount of money equal to the request in the U.S. m ail, addressed to require a report of all tobacco purchased amount that may be assessed against the such person at his last known address, by the dealer without regard to the producer as marketing quota penalties, furnish the Secretary on MQ-108, R eport exem ption. provided the marketing that is the basis °f Production and Disposition, a written 12. A new § 724.107 is added to read: of such assessment occurred while the

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34110 RULES AND REGULATIONS warehouse was authorized to have cus­ fectlve date hereof until 30 days after Th e general licensee would be required tody o f the m arketing card, fo r : publication in the F ederal R egister (7 to register with the Commission and re­ ( 1 ) Tobacco falsely identified for mar­ U.S.C. 553) in that (1) shipments of ceive an acknowledgement of his regis­ keting by use of the producer’s marketing oranges have already begun, (2) the rele­ tration and a registration number before card. vant provisions of said marketing agree­ receiving carbon-14 pursuant to the gen­ (2) Producer’s failure to account forment and this part require that the rate eral license. The objectives of the regis­ any tobacco marketed by use of the pro­ of assessment herein fixed shall be ap­ tration requirement aré to (1) provide ducer’s marketing card. plicable to all assessable oranges han­ a means of identifying the general li­ dled during the 1973-74 fiscal year; and censee, (2) provide assurance that the E ffective date: December 10,1973. (3) such year began on November 1, general licensee is aware of the terms Signed at Washington, D.C., on: De­ 1973, and the rate of assessment herein and conditions o f the general license cember 5,1973. fixed will automatically apply to all as­ prior to receipt of carbon-14 for use G l e n n A. W e ir , sessable oranges beginning with such under the general license, and (3) facili­ Acting Administrator, Agricvl- date. tate communication with the general li­ tural Stabilization and Con­ (Secs. 1-19, 48 Stat. 31, as amended (7 U.S.C. censee. servation Service. 601-674)) As amended, § 32.71, which is intended [P R Doc.73-26240 Filed 12-10-73:8:45 am ] to assure that general licensees receive Dated: December 6,1973. properly packaged products which are labeled to identify the radioactive con­ C h a r le s R . B rader, CHAPTER IX—AGRICULTURAL MARKET­ Deputy Director, Fruit and tents and to specify that use is restricted ING SERVICE (MARKETING AGREE­ to in vitro clinical or laboratory tests, MENTS AND ORDERS; FRUITS, VEGE­ Vegetable Division Agricul­ tural Marketing Service. includes requirements fo r Issuance of TABLES, NUTS), DEPARTMENT OF specific licenses to manufacture or dis­ AGRICULTURE [PR Doc.73-26209 Filed 12-10-73:8:45 am] tribute carbon-14 fo r use under the gen­ PART 907— NAVEL ORANGES GROWN IN eral license in § 31.11. ARIZONA AND DESIGNATED PART OF Title 10— Atomic Energy Pursuant to the Atomic Energy Act of CALIFORNIA CHAPTER I— ATOMIC ENERGY 1954, as amended, and sections 552 and Expenses and Rate of Assessment COMMISSION 553 of title 5 of the United States Code, the following amendments of Title 10, This document authorizes expenses of PART 31— GENERAL LICENSES FOR Chapter I, Code of Federal Regulations, $387,450 o f the N avel Orange Adm inis­ BYPRODUCT MATERIAL Parts 31 and 32, are published as a docu­ trative Committee, under Marketing PART 32— SPECIFIC UCENSES TO MAN­ ment subject to codification. O rder No. 907, fo r the 1973-74 fiscal year, UFACTURE, DISTRIBUTE, OR IMPORT 1. In 10 C FR P a rt 31, § 31.11 is and fixes a rate of assessment of $0.013 EXEMPTED AND GENERALLY LICENSED amended by amending the section head­ per carton of oranges handled during ITEMS CONTAINING BYPRODUCT ing, adding a new paragraph (a) (3), and such year to be paid to the committee MATERIAL amending paragraph (d) (1) to read as by each first handler as his pro rata General License for Use of Carbon-14 for follow s: share o f such expenses. In Vitro Clinical or Laboratory Testing On November 21, 1973, notice of pro­ § 31.11 General license for use of by­ posed rulemaking was published in the On September 26, 1973, the Atom ic product materials for certain in vitro clinical or laboratory testing. F ederal R egister (38 F R 32140) regard­ Energy Commission published in the ing proposed expenses and the related F ederal R eg ister (38 F R 26813) pro­ (a ) • * * rate o f assessment fo r the period Novem ­ posed amendments of its regulations 10 (3) Carbon-14, in units not exceeding ber 1, 1973, through October 31, 1974, CFR Parts 31 and 32 which would au­ 10 microcuries each for use in in vitro pursuant to the marketing agreement, as thorize any physician, clinical laboratory, clinical or laboratory tests not involving amended, and Order No. 907, as amended or hospital to use carbon-14 in units not internal or external administration of (7 CFR Part 907), regulating the han­ exceeding 10 microcuries each, in in vitro byproduct material, or the radiation dling of Navel oranges grown in Arizona clinical or laboratory tests, subject to the therefrom , to human beings or animals. and designated part of California. This conditions set out in § 31.11(b), (c), (d ), * * * * * (e), and (f). notice allowed interested persons 13 days (d ) * * * to submit written data, views, or argu­ All interested persons were invited to (1) Except as prepackaged units ments pertaining to these proposals. submit written comments and sugges­ tions for consideration in connection which are labeled in accordance with the None were submitted. This regulatory provisions of a specific license issued with the proposed amendments by No­ program is effective under the Agricul­ under thé provisions o f § 32.71 of this vember 12, 1973. After consideration of tural Marketing Agreement Act of 1937, chapter o r in accordance w ith the pro­ the comments and other factors in­ as amended (7 U.S.C. 601-674). After visions of a specific license issued by an volved, the Commission has adopted the consideration o f a ll relevant m atters pre­ Agreem ent State, which authorizes sented, including the proposals set forth proposed amendments. The text of the in such notice which were submitted amendments set out below is identical manufacture and distribution of iodine- by the committee, established pursuant with the text of the proposed amend­ 125, iodine-131, or carbon-14 for distri­ to said marketing agreement and order, ments published September 26,1973. bution to persons generally licensed by it is hereby found and determined that: Under the provisions of the general li­ the Agreement State. cense, as amended, the general licensee * * * * * § 907.211 Expenses and rate of assess­ may issue a purchase order on a stand­ ment. 2. In 10 CFR P a rt 32, §32.71 is ing basis for a supply of carbon-14 in amended by adding a new paragraph (a ) Expenses. Expenses that are rea­ prepackaged units to be delivered at any (b) (3) to read as follows: sonable and likely to be incurred by the rate o f shipment. Hospitals use vials con­ Navel Orange Administrative Commit­ taining 1.5 microcuries of carbon-14 in § 32.71 Manufacture and distribution of tee, during the period November 1, 1973, large numbers when operating an auto­ byproduct materials for certain m through October 31, 1974, will amount mated system for detecting bacteria in vitro clinical or laboratory testing to $387,450. blood and other fluids. under general license. (b ) Rate of assessment. The rate of The general license as amended in no * * * * * assessment for said period, payable way affects transactions involving (b ) * * * by each handler in accordance with (3) Carbon-14 in units not exceeding § 907.41, is fixed at $0.013 per carton o f exempt quantities subject to § 32.19, nor 10 microcuries each. Navel oranges. does it relax any radiological safety con­ It is hereby further found that good trols over the use o f carbon-14 in in vitro Effective date. These amendments be­ cause exists for not postponing the ef- clinical or laboratory tests. come effective on January 10, 1974.

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 V RULES AND REGULATIONS 34111

(Secs. 81, 161, Pub. Law 83-703, 68 Stat. 936, The control zone as proposed in Air­ 332° bearing from the airport; within an 948 (42 U.S.C. 2111, 22Q1) ) space Docket 73-EA-77, in part, elimi­ 11.5-mile radius of the center of Stewart Airport, extending clockwise‘from the 332°- Dated at Bethesda, Md., this 23rd day nates an extension to the west in prox­ imity to Orange County Airport. As such, bearing to a 045° bearing from the airport; of November 1973. within an 8.5-mile radius of the center of the control zone would be less restrictive For the Atomic Energy Commission. Stewart Airport, extending clockwise from a on Orange County VFR operations. IFR 045° bearing to a 076° bearing from the air­ L. M a n n in g M u n t z in g , operations at both Orange County and port, within a 10-mile radius of the center of Director of Regulation. Stewart Airports are controlled by the Stewart Airport, extending clockwise from a New York Center. Because of the prox­ 076° bearing to a 130° bearing from the air­ (PR Doc.73—26276 Piled 12-10-73;8:45 am] imity of these airports, IFR approaches port; within a 12.5-mile radius of the center cannot be conducted simultaneously. The of Stewart Airport, extending clockwise from Title 14— Aeronautics and Space New York Center has and will continue a 130° bearing to a 159° bearing from the airport; within a 14.5-mile radius of the cen­ CHAPTER I— FEDERAL AVIATION ADMIN­ to provide appropriate separation to IFR ter of Stewart Airport, extending clockwis« ISTRATION, DEPARTMENT OF TRANS­ operations. The proposed future devel­ from a 159° bearing to a 191° bearing from PORTATION opment of Orange County Airport would the airport, within a 12.5-mile radius of the [Airspace Docket No. 73-EA-89] not be affected by the airspace actions center of Stewart Airport, extending clock­ proposed in Airspace Docket 73-EA-77. wise from a 191° bearing to a 222° bearing PART 71— DESIGNATION OF FEDERAL The airspace proposed is required to pro­ from the airport; within 3.5 miles each side AIRWAYS, AREA LOW ROUTES, CON­ vide airspace protection to IFR opera­ of the Stewart VOR (41°30'28" N., 74°05'53" TROLLED AIRSPACE AND REPORTING tions at Randall, Orange County and W.) 325° radial, extending from the Stewart POINTS VOR to 18.5 miles northwest of the Stewart Stewart Airports in accordance with VOR; within 5 miles each side of the Stewart Alteration of Control Zone agency criteria. It will not inhibit any VOR 085° radial, extending from the Stewart expansion to Orange County Airport. On page 29816 o f the F ederal R egister VOR to 13 miles east of the Stewart VOR; for October 29, 1973, the Federal Avia­ Future, new or revised procedures for within 5 miles each side of the Huguenot Orange County Airport will be provided VORTAC 074° radial extending from the tion Administration published a pro­ Huguenot VORTAC to 20 miles east of the posed regulation which would alter the appropriate airspace protection in con­ sonance with agency criteria. Huguenot VORTAC; within a 7-mile radius Jamestown, N.Y., Control Zone (38 F R of the center 41°30'41'' N„ 74“15'51" W. of 389). In view of the foregoing, the proposed Orange County Airport, Montgomery, N.Y., Interested parties were given 20 days regulation is hereby adopted, effective extending clockwise from a 332° bearing to a 0901 G.m.t. January 31, 1974. 074° bearing from the airport; within a 7.5- after publication in which to submit writ­ mile radius of the center of Orange County (Sec. 307(a), Federal Aviation Act of 1958 ten data or views. No objections to the Airport, extending clockwise from a 074“ (72 Stat, 749; 49 US.C. 1348); sec. 6(c) , De­ proposed regulations have been received. bearing to a 161 °- bearing from the airport; partment of Transportation Act (49 U.S.C. within an 8-mile radius of the center of In view of the foregoing, the proposed 1655(0) ).) regulation is hereby adopted, effective Orange County Airport, extending clockwise 0901 Gm .t. January 31,1974. Issued in Jamaica, N.Y., on November from a 161° bearing to a 228° bearing from 23, 1973. the airport within a 9-mile radius of the (Sec. 307(a), Federal Aviation Act of 1958 center, of Orange County Airport, extending L. J. C a r d in a l i, (72 Stat. 749; 49 TX.S.C. 1348); sec. 6 (c), De­ clockwise from a 228° bearing to a 332° bear* partment of Transportation Act (49 U.S.C. Acting Director, Eastern Region. ing from the airport; within 3.5 mUes each 1655(c)) ) 1. Amend § 71.171 of the Federal Avia­ side of the Orange County Airport ILS local­ tion Regulations by deleting the descrip­ izer south course, extending from the OM to Issued in Jamaica, N.Y., on Novem­ a point 14 miles south of the OM; within a ber 28,1973. tion of the Newburgh, N.Y. control zone 6-mile radius of the center, 41°25'54" N., R obert H. S t a n t o n , and by substituting the following in lieu 74°23'45" W. of Randall Airport, Middle- Director, Eastern Region. th ereof: town, N.Y., extending clockwise from a 015° Within a 5-rnile radius of thé center, 410 - bearing to a 128° bearing from the airport; 1. Amend § 71.171 of Part 71, Federal within a 6.5-mile radius of the center of Aviation Regulations so as to alter the 30'05" N., 74°05'40" W., of Stewart Airport, Newburgh, N.Y., extending clockwise from a Randall Airport, extending clockwise from a description of the Jamestown, N.Y. Con­ 066° bearing to a 209° bearing from the air­ 128° bearing to a 167° bearing from the air­ trol Zone by deleting the last sentence port; within a 5.5-mile radius of the center port; within a 6-mile radius of the center of and by substituting the following in lieu of the airport, extending clockwise from a Randall Airport, extending clockwise from a thereof: “This Control Zone shall be in 209° bearing to a 249° bearing from the air­ 167° bearing to a 227° bearing from the air­ effect from 0700 to 2130 hours, local time, port; within a 5-mile radius of the center of port; within a 7-mile radius of the center of daily” . - < the airport, extending clockwise from a 249° Randall Airport, extending clockwise from a bearing to a 315° bearing from the airport; 227° bearing to a 309° bearing from the air­ (FR Doc.73-26169 Filed 12-10-73;8:45 am] within a 6.5-mile radius of the center of the port; within a 6.5-mile radius of the center airport; extending clockwise from a 315° of Randall Airport, extending clockwise from bearing to a 066° bearing from the airport; a 309° bearing to a 015° bearing from the [Airspace Docket No. 73-EA-77] within 3 miles each side of the Stewart VOR airport; and within 2 miles each side of the Huguenot VORTAC 082° radial, extending PART 71— DESIGNATION OF FEDERAL (41°30'28" N., 74°05'53" W .) 325° radial, ex­ tending from the VOR to 15 miles north­ from the Huguenot VORTAC to 10 miles east AIRWAYS, AREA LOW ROUTES, CON­ of the Huguenot VORTAC. TROLLED AIRSPACE AND REPORTING west of the VOR and within 4.5 miles each POINTS side of the Stewart VOR 085° radial, ex­ 3. Amend § 71.181 of the Federal Avia­ tending from the VOR to 11.5 miles east of tion Regulations so as to revoke the Mid­ Alteration of Control Zone and Transition the VOR, excluding the portion that coin­ dletown, N.Y., transition area. Area; Revocation of Transition Area cides with the Poughkeepsie, N.Y., control zone. This control zone is effective during [FR Doc.73-26171 Filed 12-10-73;8:45 am] On page 26732 of the F ederal R e g is ­ the specific dates and times established in ter for September 25, 1973, the Federal advance .by a Notice to Airmen. The effective Aviation Adm inistration published a pro­ date and time will thereafter be continu­ [Airspace Docket No. 73—S0-65] posed rule so as to alter the Newburgh, ously published in the Airman’s Information N.Y., Control Zone (38 FR 405) and Manual. PART 71— DESIGNATION OF FEDERAL AIRWAYS, AREA LOW ROUTES, CON­ Transition Area (38 FR 543), and re-' 2, Amend § 71.181 o f the Federal A via­ voke the Middletown, N.Y.,'Transition TROLLED AIRSPACE AND REPORTING tion Regulations by deleting the descrip­ POINTS Area (38FR533). tion of the Newburgh, N.Y., transition Interested parties were given 30 days ar&a and by subsituting the following in Designation of Transition Area after publication in which to submit lieu thereof : On October 29, 1973, a notice of pro­ written data or views. Comments received That airspace extending upward from 700 posed rule making was published in the from Mr. Joseph A. Morina, Airport Di­ feet above the surface within an 8.5-mile F ederal R egister (38 FR 29816), stat­ rector for Orange County Airport, ex­ radius of the center, 41°30'05" N., 74°05'40" pressed concern for the effect of future W. of Stewart Airport, Newburgh, N.Y., ex­ ing that the Federal Aviation Adminis­ expansion o f his airport. tending clockwise from a 222° bearing to a tration was considering an amendment

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 No. 237—Pt. I- 34112 RULES AND REGULATIONS to Part 71 of the Federal Aviation Regu­ Issued in Jamaica, N.Y., on Novem­ w ill impose no additional burden on any lations that would designate the Centre, ber 28, 1973. person, it is found that notice and pub­ Ala., transition area. R o bert H. S t a n t o n , lic procedure thereon are impractical Interested persons were afforded an Director, Eastern Region. and unnecessary and that good cause opportunity to participate in the rule 1. Amend § 71.181 of Part 71 of theexists for making it effective Decem­ making through the submission of com­ Federal Aviation Regulations by deleting ber 11, 1973. ments. All comments received were the description of the Monticello, N.Y. In consideration of the foregoing, Ap­ favorable. transition area and by substituting the pendix H of 49 CFR Part 7 is amended In consideration of the foregoing, Part following in lieu thereof: by adding a new paragraph (6) to read 71 of the Federal Aviation Regulations is as follows: amended, effective 0901 G.m.t., Janu­ That airspace extending upward from 700 * * .* *• * ary 31, 1974, as hereinafter set forth. feet above the surface within an 8-mile radius of the center, 41°42'01" N., 74°47'59" (6) The fee for a search for a record or In § 71.181 (38 FR 435), the following W. of Sullivan County International Airport, records identified by class or by subject is transition area is added: Monticello, N.Y., extending clockwise from a $6 per hour, and, pursuant to section 7.83 Centre, A l a . 033° bearing to a 111° bearing from the air­ of this part, is payable before the release of port; within a. 7.5-mile radius of the center the material. The Office of Administrative That airspace extending upward from 700 of the airport, extending clockwise from a Services may reduce or eliminate the $3.00 feet above'the surface within a 6.5-mile ra­ 111° bearing to a 169° bearing from the air­ search fee for a particular document pursu­ dius of Centre Municipal Airport (Latitude port; within a 6.5-mile radius of the center ant to subpart H if the time involved in the 34°09'40'' N, Longitude 85°38'05" W ). of the airport, extending clockwise from a search is negligible. (Sec. 307(a), Federal Aviation Act of 1958 169° bearing to a 318° bearing from the air­ (Sec. 501, 65 Stat. 290, 31 U.S.C. 483a; 80 (49 U.S.C. 1348(a)); sec. 6 (c), Department of port; within an 8.5-mile radius of the center Stat. 383, 81 Stat. 45, 5 U.S.C. 552; 80 Stat. Transportation Act (49 U.S.C. 1655(c)) of the airport, extending clockwise from a 944, 49 U.S.C. 1657; 62 Stat. 909, 31 U.S.C. 318° bearing to a 340° bearing from the air­ 483; delegation at 49 CFR 7.11.) Issued in East Point, Ga., on Novem­ port; within an 11.5-mile radius of the cen­ ber 29, 1973. ter of the airport extending clockwise from a Issued on December 4, 1973. 340° bearing to a 033° bearing from the air­ D u a n e W . F reer, port; within 3.5 miles each side of the 130° Ja m es B. G regory, Acting Director, Southern Region. bearing from the White Lake RBN (41° 41 '51'' Administrator. [FR Doc.73-26172 Filed 12-10-73:8:45 am] N„ 74°47'48" W.) extending from the 8-mile [FR Doc.73-26224 Filed 12-10-73;8:45 am] and 7.5-mile radius areas to 8.5 miles south­ east of the RBN; and within 4.5 miles each [Airspace Docket No. 73-EA-78] side of the Sullivan County International Title 16— Commercial Practices Airport ILS localizer, 41°41'39'' N., 74°47'16" CHAPTER I— FEDERAL TRADE PART 71— DESIGNATION OF FEDERAL W., northwest course, extending from the AIRWAYS, AREA LOW ROUTES, CON­ 6.5-mile, 8.5-mile and 11.5-mile radius areas COMMISSION TROLLED AIRSPACE AND REPORTING to 11.5 miles northwest of the LOM (41°- SUBCHAPTER C— REGULATIONS UNDER POINTS 45'59" N., 74°51'39'' W .). SPECIFIC ACTS OF CONGRESS Alteration of Transition Area [FR Doc.73-26170 Filed 12-10-73;8:45 am] [Docket No. 206-15] PART 303— RULES AND REGULATIONS On page 27300 of the F ederal R egister for October 2, 1973, the Federal Aviation Title 49— Transportation UNDER THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACT Administration published a proposed SUBTITLE A— OFFICE OF THE SECRETARY rule so as to alter the Monticello, N.Y., OF TRANSPORTATION Names and Definitions Transition Area (38 FR 538). PART 7—-PUBLIC AVAILABILITY OF On September 17, 1971, E. I. du Pont Comments were received from a *Mr. INFORMATION de Nemours & Company, a corporation Harris L. Gordon, a chief pilot operating with its principal offices at Wilmington, out of Monticello County Seat Airport, Appendix H— National Highway Traffic Safety Administration Delaware 19898, filed an application Monticello, New York. Of four com­ pursuant to § 1.15 of the ‘Procedures ments, three appear to be met by the F ee for D o c u m e n t S earches and Rules of Practice of the Federal fact that the airport has been overlaid The purpose of this amendment is to Trade Commission [16 CFR 1.153 and by a transition area since 1969 without- the Textile Fiber Products Identification any hazardous situation occurring. The reduce the charge made by the National Highway Traffic Safety Administration Act, 72 Stat. 1717, et seq., 79 Stat. 124, remaining comment that County Seat 15 U.S.C. § 70, et seq. (hereinafter Airport is applying for an instrument ap­ for certain document searches. Currently, under 49 CFR 7.85(a), the sometimes referred to as “Act”), re­ proach does not appear to affect the questing that j 303.7 o f the rules and existence of or operation within the pro­ charge for a record search is $3 for each document. Often the time needed to lo­ regulations under the Act [16 CFR posed change to the existing transition 303.73, setting fo rth generic names and area. Thus it is not envisioned that such cate the document is negligible, how­ ever. At other times, a number of docu­ definitions of manufactured textile alteration will preclude or restrict such fibers, be amended (1) to add thereto application by County Seat Airport. ments are sought. This amendment will amend Appendix H of 49 CFR Part 7 a new generic name and definition to In view of the foregoing, the proposed to allow a reduction or elimination of cover certain aromatic polyamide fibers regulation is hereby adopted, effective the $3 search fee if the time spent in of applicant and (2) to restrict the pres­ 0901 G.m.t. February 28, 1974, except as the search is negligible and will institute ent nylon definition, paragraph (i) of follows: Insert after the Word “localizer” an hourly fee when a great number of 16 CFR 303.7, so as, at least, to exclude the coordinates ” , 41°41'39" N, 74°47'16" searches are made concurrently for the fibers which would fall within the pro­ same individual. posed new generic class. W, Pursuant to 49 CFR 7.1(c), it is found (Sec. 307(a), Federal Aviation Act of 1958 that document searches described herein The specific aromatic polyamides (72 Stat. 749; 49 U.S.C. 1348); sec. 6 (c), De­ are peculiar to the records of NHTSA. upon which the application is based are partment of Transportation Act (49 TJ.S.C. Since the provisions of this amend­ essentially: “Nomex” [name stated to be 1655(c))) ment relate to agency procedures and a registered trademark!, \

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 INSEK T Al the ground that aromatic polyamides polyamides as compared with aliphatic have “radically different properties” and polyamides employs different, more that a separate generic name for them costly, and more rigorous methods. The would be in the interest of maintaining application further purports to show appropriate terminology and identifica­ that aromatic polyamides are exception­ tion in specifications. ally stable; that this stability provides Applicant recognizes that “Nomex” important properties of benefit to con­ and “Fiber B” fall within the existing sumers in apparel and household appli­ definition of nylon, paragraph (i) of 16 cations. Such important properties in­ CFR 303.7, but states that they should clude: (1) High melting point, low not be so classified. In support of this flammability, and low production of py­ position it submitted in its application rolysis off gases when exposed to flame, analyses, tables, and chemical formula (2) good tenacity, modulus, and fabric diagrams purporting to show that the integrity, particularly at elevated temp­ differences between representative eratures, and (3) inertness to moisture, By letter of December 8, 1971, the be appropriate to indicate different sub­ chemical formulas of aromatic poly­ Including resistance to length change categories of fibers therein based on con­ Commission assigned the optional desig­ amides as opposed to aliphatic poly­ and wrinkling with changes in humidity; nation “DP-01” to du Pont’s fiber for centrations and molecular configurations amides (present common commercial and that such stability has “made possi­ temporary use until a final determina­ relating to aliphatic groups and aromatic ble the manufacture of fibers having a tion could be made as to the merits of the rings, nylons) are as great or greater than the truly unique combination of high application. The notice also provided that inter­ differences between representatives for­ strength, toughness, and stiffness at On June 13, 1972, a Notice of pro­ ested parties could participate in this mulas of some other fiber generic levels never before attained in nature or posed rulemaking was issued by the Com­ proceeding by submitting their views, classes; that physical property differ­ by industry with any material.” ‘ REGULATIONS AND RULES mission in this proceeding and subse­ arguments, or other pertinent data, in ences between aromatic and aliphatic The physical properties of aromatic quently published in the F ederal R eg­ writing, to the Commission. polyamides are greater than those be­ polyamides which, according to du Pont, ister at 37 F R 12243, June 21,1972. Such Comment was filed by Owens-Coming make Fiber B suitable for use in tire Notice announced that the Commission Fiberglas Corporation, Monsanto Textiles tween existing generic classes; and that cord are set out in Table IV of the du was considering, the application, includ­ Company, Cluett, Peabody & Co., Inc., the manufacturing process for aromatic Pont petition. ing the following questions: the U.S. Defense Supply Agency, and the Ta b u : IV (1) Whether the subject fibers of the ap­ U.S. Army Natick Laboratories. plication should properly be designated by Owens-Coming opposed the applica­ TYPICAL COBO PHYSICAL PROPERTIES AND PERFORMANCE IN TIRES the generic name “nylon” set forth and de­ tion on the ground that since du Pont’s fined in paragraph (1) of 16 CFR 303.7, and fiber falls within the present nylon defi­ Critical to tire Aromatic Aliphatic (2) What, If any, amendment to the rules nition it should be so classified, though parameter polyamide polyamide and regulations under the Act, particularly it might differ significantly from present § 303.7 thereof, may be necessary and proper commercial nylons in both chemical and Cord property: with regard to matters raised in the applica­ Cord tenacity, gpd room temperature Strength and durability (safety 15 to 18...... 8 to 9. tion. physical properties. Monsanto agreed 300° F. factor); 12 to 14...... 6 to 6.5. with du Pont that a new generic classi­ Cord modulus, gpd room temperature Treadwear and handling charac­ 800 to 850...... 25 to 30. The notice further provided that should 300° F. teristics. 240 to 280...... 8 to 12. fication should be created for aromatic Creep under 1 gpd load shrinkage at 320° Uniformity and stability. ____ High. the Commission determine that some polyamides, but recommended that the F. High. amendment of § 303.7 is necessary, it Chemical stability in rubber (strength classification be somewhat broader than retention after 24 hours at 325s F ), would consider (1) whether a new ge­ that recommended by du Pont. Cluett Tire performance:1 neric name and definition which would Peabody objected to du Pont's proposed Flat spotting...______.... KT11 Carcass strength retention at 300° F____ Pair. cover the subject fibers of the applica­ generic name aromid on the ground that Tread durability in road test (radial tion should be added thereto and the it is top close to its trademark “Arrow” design/PE carcass); nylon definition, paragraph (i) of such and associated trademarks; however, it section, restricted so as to exclude such had no objection to the use of the term 1 Bias tire design except where Indicated] fibers, (2) whether amendment of § 303.7 “aramid." The U.S. Defense Supply * Tread life improved 260-300 percent over bias tires; should be made concerning polyamide Agency supported the application. It Again, the properties which in du definition for the proposed new generic fibers of both aliphatic and aromatic stated that its operations, which involve Pont’s estimation, render Fiber B suit­ class: content wherein the aromatic rings are dealing with both aromatic and aliphatic able for use in tire cord, relate to the in different percentage ranges or molecu­ polyamides, would be benefited if a term purportedly unique tensile strength, Aromid. A manufactured fiber in which the lar configurations from those covered by were provided that would distinguish heat resistance and toughness of aro­ fiber-forming substance is a long chain syn­ applicant’s proposed aromatic polyamide these “dissimilar” items. Natick Labora­ matic polyamides. thetic aromatic polyamide in which at least generic definition, and (3) whether some tories, which also deals with aromatic Applicant suggests that name “aro­ 86 percent of the amide linkages are attached subdivision of the nylon category would polyamides, supported the application on mid” [or “aramid”] and the following directly to two aromatic rings. 34113

FEDERAL REGISTER, VOL. 38, NO. ’— TUESDAY, DECEMBER 11, 1973 34114 RULES AND REGULATIONS

P roperties I mportant to A pparel and H ome F ur­ Monsanto or any other chemical manu­ nishings P erformance > a n facturer or individual to petition the *1=Ignites with 3 seconds. Commission-to enlarge the definition of linkages are attached directly to two aro­ D N I=D oes not ignite in 3 seconds. “ aram id” to include polymers o f less than matic rings. ( + ) “ Passes test. ( —)=D oes not pass. 85 percent aromatic polyamide content; By way of explanation of the 85 per­ such petition shall be granted if and cent figure in the above definition, ap­ Aliphatic Aromatic when the Commission is convinced by plicant states and has submitted data polyamide polyamide data submitted that a polyamide of less to demonstrate that a modest degree of than 85 percent aromatic content can be copolymerization may add benefits of Specific Gravity (g/c.c.)___ 1.02 to 1.14.— . 1.38 to 1.48. manufactured which possesses the un­ Melting Point (°C )...... 185 to 299..... Decompose value to the consumer, but that “the 427. usual physical characteristics of poly­ chemical stability from whieh the high Tenacity (gpd): amides of 85 percent or above aromatic melting points, high modulus, strength Room temperature...... 4.7 to 10.2.... . 3.6 to 21. content. 149° C...... 1 to 6.5...... 3.1 to 18. retention, and high thermal resistance 260° C...... 0...... 2.4 to 16. Further, the Commission, in the in­ stem is excessively compromised if more Modulus (gpd): terest of elucidating the grounds on Room temperature____ 36 to 56...... 140 to 1350. than 15 percent of the amide linkages 149° C ...... 4 to 45...... 110 to 1300. which it has based this decision and are attached to aliphatic groups.” 260PC ...... 0 to 10...... 86 to 1280. shall base future decisions as to the Applicant recommends that the term Flammability: grant of generic names for textile fibers, 46°...... + 1...... + D N I. “nylon” be retained for the aliphatic 45°...... - I...... + D N I. sets out the follow in g criteria fo r grant polyamides, but that the definition Vertical—S.E ...... _ ± 1 ...... + D N I. of such generic names. thereof be changed to describe the be­ 1. The fiber for which à generic name tween-the-linkages part of- the polymer, 1 Du Pont petition, p. 11. is requested must have a chemical com­ instead of just the linkages, thereby Most of these differences are quite position radically different from other making the definition “conform more -large and appear to be consistent with fibers, and that distinctive chemical closely to the definitions of other fiber technical literature. For example, in composition must result in distinctive classes.” Du Pont submitted the follow­ “Handbook of Textile Fibers,” J. Gordon physical properties of significance to the ing definition for “nylon,” a definition Cook, 4th ed., c. 1968, there is found the general public. which would include all currently com­ follow ing, p. 340: 2. The fiber must be in active com­ mercial and foreseeably commercial mercial use or such use must be immedi­ aliphatic-polyamide fibers: FULLY AROMATIC POLYAMIDES ately foreseen. Nylon. A manufactured fiber in which the The maximum effects of introducing aro­ 3. The grant of the generic name must fiber-forming substance is a long-chain syn­ matic rings into the polyamide molecule be of importance to the consuming pub­ thetic polyamide in which less than 85 per­ sure obtained by condensing monomers in lic at large, rather than to a small group cent of the amide which, in each case, the functional groups are separated by phenylene groups. Aromatic o f knowledgeable professionals such as —C —NH—\ diamines, for example, condensed with purchasing officers for large Government terephthalic acid provide polyamides with agencies. ( A ) exceptional resistance to high temperatures. The Commission having determined linkages are attached directly to two aro­ The intermolecular bonding and chain stiff­ that the application by du Pont satis­ matic rings. ness are such as to confer high thermal sta­ fies the criteria set out above, the Com­ bility on the polymer molecules. mission grants the application. By far the most common and heavily When all the phenylene units in the poly­ amide are para-substituted, the optimum ef­ The Commission believes it is in the produced polyamides are nylon 6:6 and public interest to prevent the prolifera­ nylon 6, which are nearly identical. The fects are obtained, and the polymers have tion o f generic names, and w ill adhere chemical formula of nylon 6:6 is as melting points or decomposition points in the region of 555° C. With all phenylene to a stringent application o f the above- follow s: /Units in the meta-substituted position, the mentioned criteria in consideration of o polymers melt or decompose at about 410° C. any future applications fo r generic II NH CHi CHj CHj C CHi CHa Therefore, the Commission has deter­ names and in a systematic review of any mined that highly aromatic polyamides generic names previously granted which \ i f l j c t b \lil \lila \j no longer meet these criteria. II are significantly different as to chemical o and physical structures from other poly­ The Commission has determined to amides, including common commercial use the term “aramid” for the new This formula is typical of those of most polyamides. generic classification. In its application present commercial polyamides. They du Pont asserted it had secured a trade­ differ mainly in the number of CH3 The Commission has noted Monsanto’s mark registration of the term “aromid” groups which lie between the amide objection that the aramid definition as to preserve the term for generic use. groups proposed by du Pont is too narrow, in More recently, it has notified the Com­ that the proposed definition excludes mission that it will surrender such reg­ the manufacture and marketing as istration for cancellation in the event ( f n aramids of aromatic polyamide-contain­ the Commission utilizes the name ing fibers with a content, by weight, of “aromid” or “aramid” as a name for a When this formula is compared with less than 85 percent aromatic poly­ those of du Pont’s Fiber B and Nomex, generic class of highly aromatic poly­ amides. The Commission has determined amides. In view of today’s action in this set forth previously, it can be seen that to deny Monsanto’s request for extension the chemical difference is considerable, matter, the Commission expects du of the percentage content of aliphatic Pont to surrender its “ a ro m id ” registra­ in that the CH 2 chains have been re­ groups in an “aramid” because of data placed by aromatic rings. Also, it would tion within thirty days after the new submitted by du Pont which demon­ generic name and definition promulgated appear from the application that there strates that polymers with less than 85 are considerable differences in proper­ percent of the amide linkages attached herein becomes effective, and to notify ties. Du Pont presented the following directly to aromatic rings fail to exhibit the Commission in w ritin g o f its having data comparing certain aspects of the unsual physical characteristics o f the done so. aromatic polyamides with aliphatic fully aromatic polyamides. The Commis­ Wherefore, after consideration of the polyamides: sion recognizes, of course, the right of views, arguments, and data subm itted

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11. 1973 RULES AND REGULATIONS 34115 pursuant to the notice o f proposed ra le- No written comments have been re­ (f) Where entitlement to the rate in making herein and other pertinent in­ ceived and the proposed regulations are 38 U.S.C. 314(o) Is based in part on need formation and material available to the hereby adopted without change and are for regular aid and attendance reduc­ Commission, the Commission has deter­ set forth below. tion because of being hospitalized will be mined to amend the rules and regula­ Effective date. These VA Regulations to the rate payable for the other condi­ tions under the T ex tile Fiber Products tions shown. Identification Act in the manner set are effective December 4, 1973, except § 3.552 which is effective July 1, 1973. (g) Where a veteran entitled to one forth below. o f the rates under 38 DJS.C. 314 (1 ), (m ), Section 303.7 Generic names and Approved: December 4, 1973. or (n) by reason of anatomical losses or definitions for manufactured fibers, o f By direction of the Administrator. losses of use of extremities, blindness Part 303, Subchapter C, Chapter I, 16 (visual acuity 5/200 or less or light per­ CFR, is hereby amended by revising [ s e a l ] F red B. R h o d e s , ception only) or anatomical loss of both paragraph (i) and adding a new para­ Deputy Administrator. eyes is being paid compensation of $862 graph (s) as set fo rth below. 1. In § 3.501(1), subparagraphs (1) and because of entitlement to another rate (i) Nylon-—A manufactured fiber in (3) are amended to read as follows: under section 314(1) on account of need for aid and attendance his compensation which the fiber-forming substance is a § 3.501 Veterans. will be reduced while hospitalized to the long-chain synthetic polyamide in which * • * * * less than 85 percent of the amide follow in g: ( i ) Hospitalization.—(1) 5 3551(b). * * * * * ( —c —n h —\ First day of seventh calendar month 4. In § 3.556, paragraph (a ) is A ) following admission if veteran without dependents. revised to read as follows: linkages are attached directly to two aro­ ***** § 3.556 Adjustment on discharge or matic rings. release. • * * * * (3 ) § 3.557.—Incom petent hospitalized veteran, without dependents, whose (a ) Temporary absence; 30* days.— (s) Aramid—A manufactured fiber inestate equals o r exceeds $1,500: D ate o f (1) Where a competent veteran whose which the fiber-form in g substance is a admission or the first day of the month award was reduced under 53.551(b) is long-chain synthetic polyamide in which in which payment was actually received placed on Non-Bed Care status or other at least 85 percent o f the amide which causes the estate to equal or ex­ authorized absence of 30 days or more the full monthly rate, excluding any al­ —c —n h —\ ceed $1,500, whichever is later. If the ( veteran was hospitalized for observation lowance for regular aid and attendance, l ) and examination, the date treatment be­ will be restored effective the date of re­ linkages are attached directly to two aro­ gan will be considered the date of duction. The full monthly rate for an matic rings. admission. incompetent veteran, or for a competent * * * * * veteran whose pension was reduced (Sec. 6, 72 Stat. 1717; 15 U.S.C. 70e) under 5 3.551(c), will be restored effec­ 2. In §3.551, paragraph (b ) is tive the date of departure from the hos­ Effective date. The amendment of the amended to read as follows; rules and regulations under the Act pre­ pital unless it is determined that appor­ scribed herein shall become effective § 3.551 Reduction because o f hospital­ tionment for an estranged wife should January 11, 1974. ization. be continued. In all instances, any al­ The optional designation DP-01 previ­ ***** lowance for regular aid and attendance ously assigned to applicant’s fiber for (b ) Reducation after 6 months.— P en-will . be restored effective the date of de­ temporary use is hereby revoked as of sion (except as provided in paragraph (c) parture from the hospital. the effective date of the above amend­ of this section) in excess of $30 monthly (2) Upon the veteran’s* return to the ment. for a veteran who has neither wife, child hospital, an award which is subject to reduction under § 3.551 (b) or (c) will By the Commission. nor dependent parent shall continue at the full monthly rate until the end of the again be reduced effective the date of Issued: December 11, 1973. sixth calendar month following the the veteran’s return to the hospital, m month of admission for hospitalization. all instances, any allowance for regular [ seal] C h a r le s A . T o b in , aid and attendance will be discontinued, Secretary. The rate payable will be reduced effec­ tive the first of the seventh calendar if in order, effective the date of the vet­ [FR Doc.73-26167 Piled 12-10-73;8:45 am] month to $30 monthly or 50 percent of eran’s return to the hospital. the amount otherwise payable, which­ * * * * * Title 38— Pensions, Bonuses, and ever is greater. The reduced rate will be 5. In § 3.557, paragraph (d ) is revised Veterans’ Relief effective the first day of the seventh cal­ to read as follow s: CHAPTER I— VETERANS endar month following admission. Pay­ * * * * * ADMINISTRATION ment of the amount withheld may be made on termination of hospitalization, § 3.557 Incompetents ; estate over $1,500 and hospitalized. PART 3— ADJUDICATION as provided in § 3.556. (Public Law 92- Hospitalization Adjustments; Reductions 328; 86 Stat. 393.) * * * * * and Discontinuances * * * * * (d) Payment of pension, compensa­ tion or emergency officers’ retirement On page 29610 o f the F’ederal R e g is ­ 3. In § 3.552, paragraphs ( d ) , ( f ) and pay to a veteran subject to the provi­ ter of October 26, 1973, there was pub­ the introductory portion of paragraph lished a notice o f proposed regulatory sions of paragraph (b) of this section (g) preceding subparagraph (1) are will be discontinued from the first day development to amend §§ 3.501, 3.551, amended to read as follows: of the month in which his estate equals 3.552 and 3.556-3.558 to provide fo r dis­ ***** or exceeds, $1,500. All or any part of the continuance and resumption o f payments § 3.552 Adjustment of allowance for benefit not paid to the veteran may be for hospitalized veterans. An additional regular aid and attendance. apportioned for his dependent parents change deleted references to peacetim e ***** on the basis of need as determined by rates because Pub. L. 92-328 (86 Stat. (d) Where entitlement by reason ofthe Veterans Assistance Officer. If the veteran is not hospitalized by the Vet­ 393) equalized wartime and peacetime need for regular aid and attendance is the basis of the monthly rate under 38 erans Administration there may be paid disability compensation rates. Interested U.S.C. 314(1) the award will be reduced out of any remaining amounts so much Persons were given 30 days in which to to the rate payable under 38 U.S.C. of the pension, compensation or emer­ submit comments, suggestions, or objec­ 314(s). gency officers’ retirement pay as equals tions regarding the proposed regulations. the amount charged to the veteran for

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34116 RULES AND REGULATIONS

his current care and maintenance in the emergency situation. Leave will not be April 15, 1975-by amending regulation institution in which treatment or care charged for such breaks. 5.1.3 of the regulations as amended for is furnished him, but not more than the • * * • * the Control of Air Pollution in the six Massachusetts A ir Pollu tion Control amount determined to be the proper 2. Section 21.4203(b)(1) is amended charge. Districts. to read as follow s: A ir quality analysis done by Massa­ 6. In § 3.558, paragraph (a ) is revised§ 21.4203 Reports by schools; require­ chusetts shows that short term standards to read as follow s: ments. may be approached or exceeded at a few § 3.558 Resumption; incompetents ***** very congested locations if all distillate $1,500 estate cases. (b ) Entrance or reentrance. * * * fu el was 0.5 percent, however analysis (a) Where payment has been discon­ (1) Schools organized on a term,done by E PA R egion I office and Massa­ tinued by reason of § 3.557(b), it will not quarter or semester basis may generally chusetts does not show the annual pri­ be resumed during hospitalization except report enrollment for the term, quarter m ary standard being exceeded. However as provided in paragraph (b) of this sec­ or semester or the complete course to since need for more distillate fuel has tion until proper notice has been re­ the expected date of graduation. Cer­ been demonstrated for this heating sea­ ceived showing the estate is reduced to tifications for the ordinary school year son and since only a small percentage of $500 or less. Payments will not be made may include the summer session. If a distillate fu el w ith a sulfur content for any period prior to the date on which certification covers two or more terms greater than 0.3 percent is available, and the estate was reduced to $500 or less. or the complete course, the school will the State of Massachusetts is imple­ * * * * * report the dates for the break between menting an energy conservation pro­ gram, the Administrator is approving this [FR Doc.73—26203 Filed 12-10-73;8:45 am] terms or school years if a term or school year ends and the following term or revision for the period November 15,1973 school year does not begin in the same to May 15, 1974. During this time the PART 21— VOCATIONAL REHABILITATION or the next calendar month. No allow­ need fo r -the revision fo r the remainder AND EDUCATION ances are payable for these intervals. of the period requested and the area of At the discretion of the Administrator, applicability can be reconsidered by Payment of Benefits During Emergency Massachusetts. Closing of School payment may be made for breaks, in­ cluding intervals between terms, within The Administrator has determined The following regulatory change pro­ a certified period of enrollment during that this revision is consistent with the vides for continued payment of educa­ which the school is closed under an requirements o f the Clean A ir A ct and 40 tional benefits within a certified pe­ established policy based upon an order CFR P a rt 51 as it applies to the period riod of enrollment during which the of the President or due to an emergency November 15, 1973 to M ay 15, 1974. Ac­ school is closed due to order of the situation. Enrollment certifications for cordingly, this revision is approved for President or for any emergency situa­ the complete course are encouraged, ex­ the period November 15, 1973 to May 15, tion. cept where the student is a veteran or 1974. This revision may not be consist­ It is found that it is impracticable and eligible person pursuing a program on ent w ith these requirements as it applies contrary to the public interest to give a less than half-time basis or is a serv­ to the period May 16, 1974 to April 15, preliminary notice and postpone the iceman. For these students a separate 1975. Accordingly, this revision is disap­ effectve date of these regulations until enrollment certification will be required proved for the period May 15, 1974 to 30 days after publication thereof in the for each term, quarter or semester. April 15,1975. This approval/disapproval F ederal R egister (§ 1.12 of this chap­ * * * * * is effective as of November 15, 1973. ter) because of the need for an imme­ The Agency finds that good cause diate liberalization of the requirements These VA Regulations are effective exists for not providing notice and per­ for awarding educational assistance for December 4,1973. m ittin g public comment on this action veterans and eligible persons under 38 Approved: December 4, 1973. and making it effective immediately U.S.C. Chapters 34 and 35 and for award­ upon publication for the following ing subsistence allowance for veterans [ s e a l ] D o n a ld E. Jo h n s o n , reasons: under 38 U.S.C. chapter 31. Administrator. 1. The emergency nature of the cur­ 1. In § 21.261(b), paragraph (1) is. [FR Doc.73-26160 Filed 12-10-73:8:45 am] rent fuel shortage requires that the af­ amended to read as follows:. fected source know immediately the fuel Title 40— Protection of Environment restrictions which are applicable to it so § 21.261 Ordinary leave. that it may make arrangements to obtain CHAPTER I— ENVIRONMENTAL * - • • ' < ■ _ • ♦ * PROTECTION AGENCY the appropriate fuel. (b ) Charging of ordinary leave. * * * 2. T h e im plem entation plan revision (1) For veterans enrolled in educa­ SUBCHAPTER C—AIR PROGRAMS was adopted in accordance with proce­ tional institutions, leave will not be PART 52— APPROVAL AND PROMULGA­ dural requirements of State and Federal charged for school holidays and short TION OF IMPLEMENTATION PLANS laws, which provided fo r an adequate intermissions between successive terms Massachusetts; Approval of Plan Revisions public hearing and comments, and or periods of instruction within the or­ further participation would be im p racti­ dinary school year, provided the vet­ On M ay 31, 1972 (37 F R 10432) and cable. subsequent publications pursuant to sec­ eran was enrolled for the two successive Dated: December 4,1973. terms. “Ordinary school year” means a tion 110 of the Clean Air Act and 40 CFR period of approximately 9 months Part 51, the Administrator approved por­ R u s s e l l T r a in , which begins in the fall and ends in tions of a State plan for implementation Administrator, the spring. At the discretion of the Ad­ o f the national ambient a ir quality stand­ Environmental Protection Agency. ards in the S tate o f Massachusetts. ministrator, payment may be made for Massachusetts, after notice and public 1. Section 52.1125 is amended by add­ breaks, including intervals between hearing, submitted a proposed revision ing new lines to the table in paragraph terms, within a certified period of en­ to its implementation plan which would (b) as follows: rollment during which the school is relax the sulfur content of number two §52.1125 Compliance schedules. closed under an established policy upon fuel oil from 0.3 percent to 0.5 percent an order of the President or due to an for the period November 15, 1973 to (b ) * * *

FEDERAL REGISTER, V O L 38, NO. 237— TUESDAY, DECEMBER 11, 1973 RULES AND REGULATIONS 34117

Source Location Regulation Date of Effective Final com­ late and its metabolites monomethyl involved adoption date pliance date tetrachloroterephthalate and tetrachlor- oterephthalic acid (calculated as di­ * * * * * * * methyl tetrachloroterephthalate) are es­ All sources subject to the requirements of Statewide.—. 6.1.3 Nov. 2,1973 Nov. 15,1973 May 15,1974 tablished as follows: Regulation 5.1.3. * * * * * [FR Dçc.73-26213 FUed 12-10--73;8:45 am] 2 parts per million in or on collards, field beans (dry), kale, lettuce, mung SUBCHAPTER E,— PESTICIDE PROGRAMS beans (d ry), peppers, pimentos, potatoes, (86 S tat. 984; 7 UJS.0.186d) rutabagas, snap beans (succulent), PART 164— RULES OF PRACTICE GOV- Effective date. These amendments southern peas (black-eyed peas), soy­ ERNING HEARINGS, UNDER THE FED­ shall become effective on December 11, beans, strawberries, sweetpotatoes, tur­ ERAL INSECTICIDE, FUNGICIDE, AND nips, and yams. RODENTCIDE ACT, ARISING FROM RE­ 1973. FUSALS TO REGISTER, CANCELLA­ Dated: December 5, 1973, ***** TIONS OF REGISTRATIONS, CHANGES Any person who will be adversely af­ OF CLASSIFICATIONS, SUSPENSIONS. C h ar les L. E l k in s , fected by the foregoing order may at any Acting Assistant Administrator OF REGISTRATIONS AND OTHER HEAR­ time on or before January 10, 1974, file for Hazardous Materials Con­ INGS CALLED PURSUANT TO SECTION with the Hearing Clerk, Environmental trol. 6 OF THE ACT Protection Agency, Room 1019E, 4th & Assignments of Administrative Law Judge [FR Doc.73-26215 FUed 12-10-73;8:45 amj M Streets, SW„ Waterside Mall, Wash­ ington, D.C. 20460, written objections The purpose o f these* amendments is thereto in quintuplicate. Objections shall to clarify agency procedure with respect PART 180— TOLERANCES AND EXEMP­ TIONS FROM TOLERANCES FOR PESTI­ show wherein the person filing will be to assignments of an Administrative adversely affected by the order and spec­ Law Judge to proceedings conducted CIDE CHEMICALS IN OR ON RAW AGRI­ under 40 CFR 164. CULTURAL COMMODITIES ify with particularity the provisions of the order deemed objectionable and the Since the amendments in this docu­ Dimethyl Tetrachloroterephthalate grounds for the objections. If a hearing ment concern rules of agency organiza­ In response to a petition (P P 3E1388) is requested, the objections must state tion and procedure, they are excepted submitted by Dr. C. C. Compton, Coor­ the issues for the hearing. A hearing will from rulemaking procedures by 5 U.S.C. be granted if the objections are supported 553(b) and are effective immediately. dinator, Interregional Research Project No. 4, State Agricultural Experiment by grotinds legally sufficient to justify the Part i64 of Title 40 is amended as Station, Rutgers University, New Bruns­ relief sought. Objections may be accom­ follows: wick, NJ 08903, on behalf of the IR-4 panied by a memorandum or brief in 1. By revising § 164.20(c) to read as Technical Committee and the Agricul­ support thereof. follows: .... tural Experiment Stations of Massachu­ Effective date. This order shall be­ § 164.20 Commencement o f proceeding. setts, New Hampshire, and Wisconsin, a come effective on December 11, 1973. notice was published by the Environ­ * * * * * (Sec. 408(e), 68 Stat. 514; 21 ÜS.C. 346a(e)) mental Protection Agency in the F ederal (c) Upon the filing of any objections R egister of September 13, 1973, (38 FR Dated: December 5, 1973. . or notice of intent to hold a hearhig, 25455), proposing establishment of a tol­ the proceeding shall be referred to the erance for combined residues of the her­ H e n r y J. K o r p, Chief Administrative Law Judge by the bicide dimethyl tetrachloroterephthalate Deputy Assistant Administrator hearing clerk. The Chief Administrative and its metabolities monomethyl tetra­ for Pesticide Programs. Law Judge shall refer the proceeding chloroterephthalate and tetrachloro- [FR Doc.73—26214 FUed 12-10-73;8:45 am ] to himself or another Administrative terephthalic acid (calculated as di­ Law Judge who shall thereafter be in methyl tetrachloroterephthalate) in or Trtjé 42— Public Health charge of all further matters concerning on the raw agricultural commodity ruta­ the proceeding, except as otherwise pro­ bagas at 2 parts per million. No com­ CHAPTER I— PUBLIC HEALTH SERVICE, vided or by order of the Chief Adminis­ DEPARTMENT OF HEALTH, EDUCA­ ments or requests for referral to an ad­ TION, AND WELFARE trative Law Judge, the Administrator or visory committee were received. Judicial Officer. It is concluded that the proposal should SUBCHAPTER A— GENERAL PROVISIONS 2. By revising § 164.40(e) to read as be adopted. PART 1— AVAILABILITY OF RECORDS AND follows; Therefore, pursuant to provisions of . INFORMATION § 164.40 Qualifications and duties of the Federal Food, Drug, and Cosmetic Deletion of Provisions Relating to Advisory Administrative Law Judge. Act (sec. 408(e), 68 Stat. 514; 21 U.S.C. Committee Matters ***** 346a(e)), the authority transferred to the Administrator of the Environmental Part 1 of the Public Health Service (e) Absence or change of the Admin­ regulations (42 CFR Part 1) is hereby istrative Law Judge. In the case of the Protection Agency (35 FR 15633), and amended as set forth below by deleting absence or unavailability o f the A d­ the authority delegated by the Adminis­ paragraph .(b). of § 1.103 relating to the ministrative Law Judge, or his inability trator to the Deputy Assistant Adminis­ confidentiality of information in the rec­ to act, or his removal by disqualification trator for Pesticide Programs (36 FR ords or possession of the Service pertain­ or withdrawal, the powers and duties to 9038), § 180.185 is amended by revising ing to advisory committee matters, and be performed by him under this part in making related necessary conforming the heading, and the first and third connection with a hearing assigned to changes. This provision was included in mm may, unless otherwise directed by paragraphs to read as follows: Part 1 when such regulations were ini­ the Administrator, be assigned to tially 'promulgated over 15 years ago another Administrative Law Judge so § 180.185 Dimethyl tetrachlorotereph­ thalate; tolerances for residues. under the general authority for the designated to act by the Chief Adminis­ promulgation of regulations necessary trative Law Judge, the Administrator or . Tolerances for combined residues of the for the administration of the Serv­ the Judicial Officer. herbicide dimethyl tetrachloroterephtha- ice, section 215 of the Public Health

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34118 RULES AND REGULATIONS

Service Act (42 U.S.C. 216), and has, sign thereof which accompanies and is Title 46— Shipping in effect, been superseded and ren­ made part of this document, is hereby CHAPTER II— MARITIME ADMINISTRA­ dered obsolete insofar as availability adopted, approved, and judicially noticed. TION, DEPARTMENT OF COMMERCE of records relating to Committee Activi­ § 1204.2 Description. ties are concerned by the Federal Ad­ SUBCHAPTER H— TRAINING visory Committee Act (Pub. L. 92-463) The official seal of ACTION is described [General Order 97, Rev. Amdib. 3] which became effective January 5, 1973. as follows: PART 310— MERCHANT MARINE Such Act generally provides, according (a) Within an outer circle of gold; TRAINING . to its terms, for public inspection of com­ (b) A stylized shield with horizontal mittee records subject only to the stated bars of (from top down) red, white, and Subpart C—Admission and Training of exceptions set forth in the Freedom of blue on a white field appears in the Midshipmen at the United States Mer­ chant Marine Academy Information Act (5 U.S.C. 552). center; Notice of proposed rulemaking, public (c) A white capital letter "A ” symbol­ S ea Y ear T r a in in g P a y izing voluntary action runs through the rulemaking procedures, and delay in ef­ Pursuant to the authority vested in fective date are omitted as unnecessary red, white, and blue shield. (d) The logotype word “ACTION” ap­ the Secretary of-Com m erce by section because, for good cause found the instant 216 of the Merchant Marine Act, 1936, amendments merely render Part 1 in pears in red in abutted capital letters above the shield. as amended, 52 Stat. 965, 46 U.S.C. 1126, conformity with the Federal Advisory as amended, and delegated to the Assist­ Committee Act. (e) Enclosing the shield and “AC­ TION” is a ring of type in black capital ant Secretary for Maritime Affairs by In consideration of the foregoing, Part Department of Commerce Order 10-8 1 is hereby amended as set fo rth below. letters spelling the words “ TH E A G ENC Y FOR VOLUNTEER SERVICE.” (38 F R 19707,.July 23, 1973) the Mer­ Effective date. These amendments chant Marine Training regulations (46 shall be effective as of January 5, 1974. The official seal of ACTION is modified CFR Part 310) are hereby amended. The when reproduced in black and white and amendment to the regulations increases Dated: November 6, 1973. when embossed, as it appears below. the pay that midshipmen of the United C h a r l e s C . E d w a r d s , States Merchant Marine Academy re­ Assistant Secretary for Health. ceive w hile assigned to merchant vessels Approved: Decembers, 1973. for sea year training. The purpose of the amendment is to implement the Mari­ C a s p a r W . W e in b e r g e r , tim e Adm inistration policy that midship­ Secretary. men shall receive the same rate of pay 1. Section 1.103 is amended by deleting from their steamship company employ­ paragraph (b) and revising the intro­ ers fo r the sea year training as cadets ductory sentence of paragraph (c) to receive at the Federal academies. read as follows: Since the rate of pay received by mid­ shipmen w hile assigned to subsidized § 1.103 Nondinical information; disclo­ merchant vessels is a m atter o f public sure. contract with the owners of such ves­ ***** sels, this amendment to the Merchant § 1204.3 Custody and authorization to Marine Training regulations is adopted (b) [Deleted] affix. (c) The following types of informa­ without notice of proposed rule making. tion in the records or possession of the (a) The seal is the official emblem of Part 310 of Title 46 of the Code of Federal Regulations is amended as Service are confidential and, subject to ACTION and its use is therefore per­ the provisions of paragraph (a) of this mitted only as provided in this part. follow s: section, shall be disclosed only as neces­ (b) The seal shall be kept in the cus­ (1) Revise the first sentence of para­ sary for the performance of the func­ tody o f the G eneral Counsel, or any other graph (c) of § 310.58 to read as follows: person he authorizes, and should be af­ tions of the Service, or as follows: * * * § 310.58 Training on subsidized vessels. fixed by him, the Director or the Deputy * * * * * Director to all commissions of officials of • * * * * § 1.104 [Amended] ACTION, and used to authenticate rec­ (c ) Pay. M idshipmen shall receive pay, ords of ACTION and for other official while attached to merhcant vessels, at 2. Section 1.104 is amended by revis­ the rate of $300.45 per month from their purposes. The General Counsel may re­ ing the cross reference “ § 1.103(a) and steamship company employers. * * * (b )” to read “ § 1.103(a)**. delegate and authorize redelegations of, (2) Revise paragraph (b) of § 310.60 (Sec. 215, Stat. 690, as amended (42 U.S.C. this authority. to read as follows- 216)) (c) The Director shall designate and § 310.60 Allowances and expenses. [P B Doc.73-26223 Piled 12-10-73;8:45 am ] prescribe by internal written delega­ tions and policies the use of the seal for * * * * * other publication and display purposes (h ) Allowances. Midshipmen receive Title 45— Public Welfare an allowance o f $575 per year toward the CHAPTER XII— ACTION and those ACTION officials authorized to cost o f uniforms and textbooks fo r each affix the seal for these purposes. PART 1204— OFFICIAL SEAL of the three years at the academy. Mid­ (d> Use by any person or organization shipmen shall receive no allowance while Sec. attached to merchant vessels for sea 1204.1 Authority.' outside of the Agency may be made only 1204.2 Description. with the Agency’s prior written approval. training. 1204.3 Custody and authorization to affix. Such request must be made in writing to * * * * * A u t h o r it y : Pub. L. 93-113. the General Counsel. Effective date. Th is amendment shall § 1204.1 Authority. M ic h a e l P . B a lz a n o , Jr., become effective January 1» 1974. Pursuant to section 402.(9). of Pub. L. Director. (Sec. 216, PI». 75-705, as amended, 62 Stat. 91-113 the A C T IO N official seal and de­ [P R Doc.73-26202 Piled 12-10-73; 8:45 am] 965 (46 U .S.0.1126))

FEDERAL REGISTER, V O L 38, NO. 237— TUESDAY, DECEMBER 11, 1973 RULES AND REGULATIONS 34119

(Catalog of Federal Domestic Assistance Pro­ Accordingly, it is ordered, That effec­ gram No. 11-507 U.S. Merchant Marine Acad­ sub-primal cuts and further cutting it emy (Kings Point) ) tive 3 aun., December 1, 1973, with the into smaller and more specific meat expiration of its license and pursuant items. A “primal cut” is a basic section of Dated: December 5, 1973. to section 316(a) of the Communica­ the carcass, such as (in the case of beef) By order of the Assistant Secretary of tions Act of 1934, as amended, the out­ the shoulder (chuck), the rib, the loin, Commerce for Maritime Affairs. standing license, held by Van Schoick and the hind (round) section. Sub- Enterprises, Inc. for Station WOLHFM) primal cuts are smaller sections not yet J am e s S. D a w s o n , Jr,, at Ottawa, Illinois, is terminated insofar reduced to table or oven size. Secretary. as it specifies operation on Channel 252A Typically, a “breaker” principally cuts [FR Doc.73-26248 Filed 12-10-73:8:45 am] and any renewal of this license shall carcasses into primal cuts, while a specify operation on Channel 237A sub­ “boner” specializes in removing bones Title 47— Telecommunications ject to the following conditions: from large cuts of meat. A “purveyor” (a) The licensee shall submit to the usually buys primal cuts and sub-primal CHAPTER I— FEDERAL Commission by January 2, 1974, all nec­ cuts which he further cuts into steaks, COMMUNICATIONS COMMISSION essary information complying with the chops, stewmeat and other specific meat [Docket No. 19550; RM-1859, RM-2049; F d c applicable technical rules for modifica- portions which he supplies to hotels, 73-1252] . tion of authorization to cover the opera­ restaurants, airlines, steamships, hospi­ tion of Station WOLI on Channel 237A PART 73— RADIO BROADCAST SERVICES tals, colleges, and similar retail or in­ at Ottawa, Illinois. stitutional users. FM Table of Assignments; Illinois; (b) The licensee may continue to op­ All of these fresh meat cutters pur­ Termination of Proceeding erate on Channel 252A until the new chase for resale fresh beef, veal, pork or In the matter of amendment of party at Crest Hill is ready to operate lamb and are engaged in varying degrees § 73.202(b), Table of Assignments, PM on this frequency or may effect the in cutting, boning, tying, slicing, trim­ Broadcast Stations, (Shorewood, Otta­ change sooner should it so desire. Ten ming and aging fresh meat before resell­ wa, Lockport and Crest Hill, Illin ois). days prior to commencing operation on ing it. Most of them are price category 1. The Commission has before it the Channel 237A, the licensee shall submit H I firms and are not also engaged in the Report and Order and Order to Show the same measurement data normally manufacturing of cooked, canned or Cause (38 F R 22010) adopted in this required in 'an application for an FM otherwise processed “prepared” meat proceeding on August 2, 1973, 42 FCC 2d broadcast station license. items. 553 (1973). (c) The licensee sljall not commence Heretofore, fresh meat cutters have 2. In the above-mentioned document operation on Channel 237A until the been classified as meat manufacturers the Commission amended the FM Table Commission specifically authorizes it to essentially because they did not fall by adding an assignment at Crest Hill, do so. within the definition of wholesaling or Illinois, (Channel 252A) and changing 5. Authority for the actions taken retailing. Wholesaling and retailing is the assignment at Ottawa, minors, from herein is contained in sections 4 (i), 303, the business of purchasing and reselling Channel 252A to Channel 237A. Van 307(b) and 316 of the Communications property without substantially changing Schoick Enterprises, Inc., the licensee of Act of 1934, as amended. the form of that property. Usually, a Station W OLI(FM), operating on the 6. It is further ordered, That this pro­ stock of goods of uniform consistency current Ottawa channel, was ordered to ceeding is terminated. and value which is cut up or otherwise subdivided or apportioned is not con­ show cause why its license should not be Adopted: November 28, 1973. modified to specify operation on the sidered changed in form merely by vir­ new channel. The response to the Order Released: December 4, 1973. tue of having been subdivided. However, to Show Cause was received on Septem­ in the case of meat in carcass or primal F ederal C ommunications cut form the item is not homogenous but ber 14, 1973. It confirmed earlier indica­ C o m m is s io n ,1 tions that the licensee, assuming it were is composed of many distinct components [ s e a l ! V in c e n t J. M u l l i n s , of widely different intrinsic quality and properly reimbursed for the expenses of Secretary. making the change, was prepared to do value. The purpose of cutting up the car­ so.' It also mentions that the cost esti­ [FR Doc.73-26220 Filed 12-10-73:8:45 am] cass is not merely to obtain more con­ mate was based on prices which may no venient portions of meat but essentially longer be in effect when the change is to Title 6— Economic Stabilization to isolate for resale the distinct constitu­ be made. This will be taken into account CHAPTER I— COST OF LIVING COUNCIL ent parts of the carcass—e.g., in the case as will its concern that the change not of pork, the hams, hocks, spareribs, fat take place before the new channel is PART 150— PHASE IV PRICE back, bacon, shoulder meat, etc. It fol­ assigned. REGULATIONS lows that when the carcass is broken 3. Language in the earlier document Reclassification of Fresh Meat Cutters as down and resold in its various forms as indicated that we would evaluate any re­ Wholesalers illustrated above it is “substantially changed in form.” sponse from the licensee of station The purpose of these amendments is WOLHFM) and would adopt appropri­ to reclassify fresh meat cutters as Several reasons exist for reclassifying ate orders. Neither in the station’s re­ wholesalers. This change subjects fresh fresh meat cutters as wholesalers. In the sponse nor elsewhere is there any new meat cutters to the rules of Subpart K first place, the definitional distinction information from any source to raise of the Phase IV price regulations and ob­ which has been made becomes increas­ any question regarding the decision to ingly less valid to the extent that meat viates the need for further compliance effect a change in the Ottawa, channel. moves through the chain of distribution Accordingly, the license for the station with the food manufacturing rules pro­ in stages of increasingly smaller “cuts”. vided under Subpart Q of those regula­ in question will be modified to specify tions. For example, a meat purveyor which operation on the new channel. This purchases from a breaker a sub-primal change will become effective with the Various names áre used in different cut consisting entirely of meat for pork expiration of the station’s license on De­ sections of the country to describe firms chops will merely cut the item into chops cember 1, 1973, and the benefiting party primarily engaged in fresh meat cutting according to the thickness and leanness shall provide reimbursement of legiti- at the wholesale level. Meat “whole­ specified by the retail customer. In this salers”, “processors”, “fabricators”, Qiate and prudent out-of-pocket ex­ respect, the meat purveyor is engaged in penses in effectuating the change. I f a “breakers”, “boners”, “jobbers” and an activity which can be distinguished delay arises in the use of Channel 252A “purveyors” are all engaged in purchas­ from that performed by retail grocery at Crest Hill and hence in the matter of ing for resale meat which is in carcass meat departments only in terms of the form or in the form of primal cuts or reimbursement, the licensee of Station class of purchaser concerned and perhaps WQLI(FM) may continue to operate on the volume of sales. 1 Commissioner Reid concurring in the Second, the fact that the cutting of its present channel. result. meat often results in a substantial

No. 237—Pt.1- FEDERAL REGISTER, V O L 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34120 RULES AND REGULATIONS change in form belies the essential differ­ property, reselling it to retailers for resale CIPM/gross margin limitations for fresh ences between meat manufacturing and or to industrial, commercial, institutional or meat cutters is tested on a strictly quar­ professional users. In addition, a firm which fresh meat cutting and the essential terly basis and no “overage” privileges is primarily engaged in the trade or business are allowed in the next quarter as under similarities between fresh meat cutting of purchasing fresh meat and reselling it in and other food wholesaling operations. recut portions to retailers for resale or to §§ 150.312 and 150.313 o f Subpart K , and M eat m anufacturing includes the process industrial, commercial, institutional, or pro­ (2) a quarterly CIPM/gross margin ex­ by which animals are slaughtered and fessional business users is engaged in whole­ cess is justifiable to the extent that the the carcass is dressed, the fabrication of saling with respect to that primary activity. firm concerned can demonstrate to the Council’s satisfaction that the excess is processed items such as hot dogs and The words “primarily engaged” are sausages in which meat is a primary in­ attributable to § 150.76 prices, to the sale used in order to exclude any change with of exempt items, or to changes in prod­ gredient, and the preparation of proc­ respect to firms which are primarily en­ essed “whole meat” items such as cooked uct mix. Changes in product mix are de-. gaged in slaughtering or meat manufac­ termined in accordance with the re­ hams and cold cuts. If the cutting of turing, or both, which also perform some fresh meat is viewed as an activity whose cently-revised product mix rule of Sub­ of the fresh meat cutting functions dis­ part Q rather than the product mix pro­ primary purpose and function is not cussed above. These functions will con- “processing” but the distribution of fresh vision set forth in Subpart K. tinue to be subject along with the firm’s Because the purpose of this amend­ meat in volume to retail or other com­ primary meat manufacturing functions- mercial outlets to the pin-chaser’s order, ment is to provide immediate guidance to the rules of Subpart Q applicable to and inform ation w ith respect to decisions a fresh meat cutter can be viewed as meat manufacturing. Only firms which engaged in the same activity as a fresh of the Council, the Council finds that are primarily engaged in the purchase publication in accordance with normal produce wholesaler or a fresh fish whole­ and resale of fresh meat and the cutting saler. Under this view, cutting is an es­ rule-making procedure is impracticable functions which are the subject of this and that good cause exists for making sential requirement for the distribution amendment now become subject to SUb- of fresh meat from large animals and this amendment effective in less than 30 part K (as m odified by § 150.604) and days. should not be viewed as so important a only with respect to those fresh meat distinction as to lead to the result that cutting activities. (Economic Stabilization Act of 1970, as there is no such thing as a fresh meat amended, Pub. L. 92—210, 85 Stat. 743; Pub. L. This amendment is not intended to 93-28, 87 Stat. 27; E.O. 11730, 38 PR 19345; wholesaler. change the classification status .of the Third, the Council has been advised Cost of Living Council Order No. 14, 38 FR activity of wholesaling of non-fresh 1489.) that fresh meat cuttters have tradition­ meats such as hafhs and sausages insofar ally employed a form of markup or gross as those firms which are so engaged prop­ In consideration of the foregoing, Part margin system of pricing. Reclassifica­ erly treated that activity as wholesaling 150 of Title 6 of the Code of Federal tion should simplify recordkeeping for under the first sentence of the defini­ Regulations is amended as set forth be­ fresh meat cutters and help assure com­ tion of that term. That activity remains low, effective December 15, 1973. pliance while easing the Council’s mon­ wholesaling under the amended defini­ itorin g tasks in this industry. Issued in W ashington, D.C., on Decem­ tion of wholesaling. ber 7, 1973. Finally, the Standard Industrial Clas­ The effective date of this amendment sification Manual categorizes under SIC Ja m es W . M cL a n e , is December 15, 1973. This gives firms Code 5147, W holesalers o f M eat and M eat Deputy Director. which will become subject to Subpart K Products, all firms primarily engaged in on that date sufficient time to prepare § 150.31 [Amended] the wholesale distribution of fresh meats ’ the merchandise pricing plan which must 1. The definition o f “ wholesaling” pro­ as well as those primarily engaged in be prepared by all wholesaling firms (and vided in § 150.31 is amended by adding the resale of cured and processed meats in the case of price category I and II at the end thereof the follow ing sen­ and lard other than frozen or canned. tence: In addition, a firm which is pri­ In the SIC description of the wholesale firms submitted to the Council) before prices above .adjusted freeze price levels marily engaged in the trade or business trade, no distinction between wholesalers of purchasing fresh meat and reselling and nonwholesalers is made on the basis may be charged. It is intended by this it in recut portions to retailers for resale of whether the goods are substantially change that firms on a calendar-year basis remain subject to the revenue for­ or to industrial, commercial, institu­ changed in form. In fact, the SIC Manual mula of Subpart Q applicable to food tional, or professional business users is states that one of the functions fre­ quently performed by wholesale firms is manufacturers for the quarter ended engaged in wholesaling with respect to breaking bulk and redistribution in September 30 and become subject to the that primary activity. smaller lots. Since the distribution of rules of Subpart K (as m odified by § 150.- 2. Section 150.604(b) is amended by fresh meats in most cases requires fur­ 604) on December 15 for the entire Oc­ adding a new paragraph (4) as follows: tober 1-December 31 quarter. With re­ ther cutting, it would appear that by § 150.604 Food wholesaling and retail­ spect to non-calendar quarters, any grouping fresh meat' wholesaling with ing. the wholesaling of cured and processed quarter which begins subsequent to Sep­ tember 30 is governed by the Subpart K (b ) * * * meats and lard (which are generally not (4 ) Sections 150.312 and 150.313 do not further cut) the SIC Manual recognizes rules (m odified by § 150.604) and any quarter ending before October 1 remains apply to firms which are primarily en­ that the cutting of fresh meat by whole­ gaged in the trade or business of pur­ salers is not a function which dis­ subject to the revenue formula of Sub­ part Q applicable to food manufacturing. chasing fresh meat and reselling it in tinguishes fresh meat wholesalers from recut portions to retailers for resale or to other wholesalers. In reclassifying fresh meat cutters as wholesalers, the Council deems it appro­ industrial, commercial, institutional or The present amendment does not alter priate also to modify the rules of Sub­ professional users. W ith respect to those the pre-existing language of the defini­ part K as they apply to fresh meat cut­ firms, customary initial percentage tion of “wholesaling” contained in ters in order to provide greater markup or gross margin for a merchan­ § 150.31 of the Phase IV price regulations. consistency in the treatment of changes dise category for any fiscal quarter ana Instead, the amendment consists of the in product mix as between fresh meat for any fiscal year may exceed the limi­ addition of a sentence to the definition cutters and meat manufacturers and in tations prescribed in § 150.304(c) (1) or of wholesaling which specifically states order to help assure that applicable (2) only if the firm concerned demon­ that firms primarily engaged in fresh regulations continue to reflect the Coun­ strates, to the satisfaction of the Coun­ meat cutting at the wholesale level are cil’s special concern with respect to the cil, that the excess: (1) Is attributable to engaged in wholesaling. As amended, the control of meat prices. Accordingly, a new prices specified in contracts entered into definition of wholesaling reads as subparagraph is added to § 150.604(b) before 9 p.m., e.s.t., June 13, 1973, with fo llow s: (modifications to Subpart K for food respect to any delivery or performance “Wholesaling” means the trade or busi­ occurring after August 12, 1973, or (2) ness of purchasing property and, without wholesaling and retailing activities) substantially changing the form of that which provides that (1) compliance with Is attributable to the sale of exempt

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 RULES AND REGULATIONS 34121 items, or (3) Is justified on the basis of tion costs incurred. Firm B attaches des­ and all modes of transportation em­ changes in product mix. In reviewing jus­ tination charges according to a similar ployed by Firms A and B are “public tification based on changes in product plan; however, Firm B recovers a sum utilities” for these purposes, It does not mix, the Council shall be guided by the less than the total transportation costs follow," however, that the delivery charges policies set forth in § 150.606(c) (2) (ii). incurred. Both Firms A and B are Tier I established by the two firms still retain [FR Doc.73-26286 Filed 12-7-73;2:35 pm] firms and are required to prenotify price their public utility character when such increases under 6 CFR 150.151. Each firm delivery charges differ from actual trans­ employs modes of transportation which portation charges related to each item. [Phase IV Price Ruling 1973-17] are themselves exempt from regulation The customers of Firms A and B, the under 6 C FR 150.31, 6 CFR 150.56, and APPENDIX— PHASE IV PRICE RULINGS retailers, are required to pay the destina­ Cost of Living Council Phase IV Price tion charges as attached to the products Prenotifying Delivery Charges R uling 1973-6. The effect o f transporta­ by both firms. This clearly constitutes a Facts. Firm A manufactures a product tion rate increases are included in the portion of the price charged to the re­ which is sold by retailers across the destination charges, and separate from tailers. Consequently, any increases in country. The product is shipped to the the suggested retail price, upon the in­ any of these charges above the base retailers from Firm A’s “home plant”, voices to the retailers. price or the adjusted freeze price, which­ and, also, from various assembly plants. Issue. Must either firm prenotify in­ ever is higher, must be prenotified. Destination charges are attached to the creases in established “destination charges” under 6 CFR 150.1512 W i l l i a m N . W a l k e r , product when delivered to the respective General Counsel, retailers, in accordance with various Ruling. Yes. Both firms must pre­ Cost of Living Council. “zones” established by Firm A. The des­ notify. 6 CFR 150.56 provides that, “rate tination charges are designed to recover increases for commodities or services pro­ D e c e m b e r 7, 1973. in the aggregate the total transporta­ vided by a public utility are exempt,” [FR Doc.73-26316 Filed 12-7-73;4:17 pm ]

tfEDERAL REGISTER, V O L 38, NO. 237— TUESDAY; DECEMBER 34122 -______Proposed Rules ______

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

DEPARTMENT OF THE INTERIOR with the reference in Table 56.01-5(a). 2. B y revising § 50.25-35 to read as 4. Table 56.60-1 would be amended by follow s: Bureau of Reclamation adding the footnote designator “4” to the § 50.25—35 Fluid conditioner fitting. [ 43 CFR Part 421 ] ASTM specifications A 53 and A 72, and correcting the reference in footnote 4 to Nonstandard fluid conditioner fittings HOOVER DAM read “ § 56.60-2(b) which due to their size, service, or op­ Rules of Conduct 5. The second and fourth sentences of erating condition, as specified in §56.15-1 (e)(1 ) and (f) of this chapter Correction footn ote 14 o f Table 56.60-1 (a )'w o u ld be completed by adding verbs. are subject to the requirements of Part In F R Doc. 73-24860, appearing at page 6. The third sentence of footnote 14 of 54 of this chapter (except for stamping 32263 in the issue for Friday, November Table 56.60-1 (a ) would be corrected by and shop inspection), shall not be ac­ 23, 1973, the last sentence of the fourth substituting the word “limitations,”, as ceptable to the Coast Guard as affidavit paragraph should read “AH such submis­ used in UCN 3 of section V III of the products as allowed in this subpart, or sions received on or before January 7, ASME Code, for the word “ratings”. listed in CG-190, “Equipment Lists.” 1974 will be considered in developing the 7. Footnote 1 o f Table 56.60-2 (a ) Other nonwelded fluid conditioner fit­ final regulations”. would be amended by striking the refer­ tings are listed in CG-190. ence to § 105.2.1 of ANSI-B31.1 which is 3. B y revising the tex t o f § 54.05-20 to DEPARTMENT OF not adopted. read as follows (Table 54.05-20(a) is not TRANSPORTATION 8. Footnote 6 to Table 56.60-2 (a) affected by this revision): would be revoked because the alloy to Coast Guard which it referred has been eliminated. § 54.05—20 Impact test properties for service temperature of 0 °F to — 70°F. [ 46 CFR Parts 50,54,56, and 61 ] 9. The amendment to § 61.15-5(b) [CG D 73-248P] would correct an unintended change The minimum impact energies of each made in the last revision of Subchapter set of longitudinal Charpy specimens of MARINE ENGINEERING F by requiring piping with a nominal the m aterial described in § 54.25-10 (b) Clarification Amendments size of more than 3 inches to be hydro­ (1) of this chapter must be at least the statically tested. values contained in Table 54.25-10(a). The Coast Guard is considering The following amendments would be * * * * * amending certain marine engineering made for clarification: regulations to make grammatical cor­ 4. The heading o f § 56.60-1 is revised 1. Section 54.05-20 would be amended to read as follow s: rections and to clarify intent. to indicate that the requirements apply Written comments. Interested persons only - to the materials described in § 56.60-1 Acceptable materials and spec­ are invited to participate in the proposed § 54.25-10(b) (1 ). ifications (replaces § 123 and modi­ rule making by submitting written data, 2. The introductory note of Table fies Table 126.1 in A N SI-B 31.1). views, or arguments to the Executive Sec­ 56.60-1 (a) would be amended to indi­ 5. Th e table in § 56.60-1 (a ) is retary, Marine Safety Council (G-CMC/ cate that the materials listed in the table amended as follows: 82), Room 8234, 400 Seventh St., SW, apply only to inside heat exchangers. a. By amending the introductory note Washington, D.C. 20590. Written com­ 3. T h e heading o f § 56.60-1 would be by striking out the words “within heat ments should include the docket number amended to reflect the fact that the re­ exchangers” and inserting the words of this notice, the name and address of quirements modifies Table 126.1 of “inside heat exchangers that insure con­ the person submitting the comments, the ANSI-B31. tainment of the material inside a pres­ specific section of the proposal to which 4. Section 56.60-2 (a) would be sure shell” in place thereof. the comment is addressed, and reasons amended by combining and rew ritin g the b. By adding footnote designator “4” for any proposed change. first two sentences to elim inate repetition in the column headed “Notes” to the Closing date for comments. A ll rele­ and clarify intent. ASTM specifications A53 and A72. vant communications received before 5. Section 56.60-2 (b ) (2 ) would be c. By amending footnote 4 by striking January 14,1974, will be fully considered amended by adding a cross-reference to the words “introduction to Table before final action is taken on this pro­ § 56.10-5 (b ) because th at section con­ 56.60-1 (a ) in paragraph (a ) o f this posal. Copies of all written communica­ tains material limitations. section” and inserting “ § 56.60-2 (b )” in tions received will be available for exam­ 6. The heading o f § 56.60-5 would be place thereof. ination by interested persons in Room amended to indicate that the require­ d. By amending footnote 14 as 8234. The proposed regulations may be ment is concerned with carbide phase follow s: changed in light of comments received. conversion. 1. By amending the second sentence The following corrections are pro- In consideration of the foregoing, it is by inserting the word “is” to follow jPOSGd • proposed to amend 46 CFR Subchapter the words “Deductile iron”. 1_ Section 50.15-20(a) (11) would be F as follows: 2. By amending the third sentence revised to correct the address for the 1. By revising § 50.15-20 (a ) (11) toby striking out the word “ratings” Marine Department of Underwriter’s and inserting the word “limitations” in Laboratories, Inc., which has moved to read as follows: place thereof. Florida. § 50.15—20 Additional standards. 3. By amending the fourth sentence 2. Section 50.25-35 (a ) would be by inserting the word “are” to follow amended to correct an incomplete sen­ (a ) * * * (11) Underwriters’ Laboratories, Inc.,the words “ o f cast iron” . tence. Marine Department, Tampa East Indus­ e. By amending footnote 16 by strik­ 3. Th e heading o f § 56.60-1 would be trial Park, 2602 Tampa East Blvd., ing “ 105.2.2 of ANSI-B31.1” in the third corrected by adding the words “ and mod­ Tampa, Florida 33619. sentence and inserting “ § 56.10-5 (c) of ifies Table 126.1 in ANSI-B31.1” to agree * * * * * this chapter” in place thereof.

FEDERAL REGISTER, V O L 38, NO. 237— TUESDAY, DECEMBER 11, 1973 PROPOSED RULES 34123

§ 56.60—2 [Amended] hearing is contemplated at this time, but 71 of the Federal Aviation Regulations 6. Amend § 56.60-2 as follows: arrangements may be made for infor­ so as to alter the Dunkirk, N.Y., Transi­ a. By striking the first two sentences mal conferences with Federal Aviation tion Area (38 FR 477). of paragraph (a) and inserting the fol­ Administration officials by contacting the A review of the airspace requirements lowing sentence in place thereof: Chief, Airspace and Procedures Branch, for the Dunkirk, New York, terminal “The maximum stress in the materials Eastern Region. area indicates that an alteration of the Any data or views presented during listed in Table 56.60-1 (a) must be 80 Dunkirk, New York, transition area will percent of the value contained in the such conférences must also be submit­ be required to provide additional con­ ted in writing in accordance with this trolled airspace in accordance with the designated source of allowable stress notice in order to become part of the Terminal Instrument Procedures values, unless the dynamic effect is ac­ record for consideration. The proposal (TERPS). counted for in the design in accordance contained in this notice may be changed Interested parties may submit such with the requirement contained in in the light of comments received. written data or views as they may de­ § 56.07-10(c ) o f this chapter” . The official docket will be available for sire. Communications should be sub­ b. By adding the words “or by the mitted in triplicate to the Director, East­ requirements contained in § 56.10-5 (b) examination by interested parties at the Officé of Regional Counsel, Federal Avia­ ern Region, Attn: Chief, Air Traffic Di­ of this chapter” to follow the reference vision, Department of Transportation, “ Table 56.60-1 (a ) ” in paragraph (b ) (2 ). tion Administration, Federal Building, John F. Kennedy International Airport, Federal Aviation Administration, Federal 7. Amend Table 56.60-2(a) as follows: Building, John F. Kennedy International a. By striking the words “105.21 of Jamaica, New York. The Federal Aviation Administration, Airport, Jamaica, New York 11430. All ANSI-B31.1 and” in footnote 1. communications received on or before b. By revoking footn ote 6. having completed a review o f the airspace requirements for the terminal area of January 10, 1974, will be considered be­ § 56.60—5 [Amended] Islip, New York, proposes the airspace fore action is taken on the proposed Add the words “ (High temperature action hereinafter set forth: amendment. No hearing is contemplated applications) ” to the heading o f § 56.60-5 1. Amend § 71.171 of Part 71, Federal at this time, but arrangements may be and further amend § 56.60-5 by striking Aviation Regulations by deleting the de­ made for informal conferences with Fed­ tiie 4th sentence in paragraph (b) and scription of the Islip, New York Control eral Aviation Administration officials by inserting the following words: “A pipe Zone and by substituting the following contacting the Chief, Airspace and Pro­ with a nominal size of 3 inches or less in lieu thereof : cedures Branch, Eastern Region. Any data or views presented during is not required to be hydrostatically I s l ip , N.Y. tested.” such conferences must also be submitted Within a 5-mile radius of the center 40°47'- in writing in accordance with this notice (R.S. 4405, as amended (46 U.S.C. 375), R.S. 50" N., 73°06'01" W., of Isllp-MacArthur Air­ in order to become part of the record for 4462, as amended (46 U.S.C. 416), Sec. 6 (b) port, Islip, N.Y.; within a 6-mile radius of (1), 80 Stat. 937 (49 U.S.C. 1 6 5 5 (b )(1 )); 49 the center of the airport extending clock­ consideration. The proposal contained in CFR 1.46(b)) wise from a 260° to 076° bearing from the this notice may be changed in the light airport; within 4-miles each side of the Islip- of comments received. Dated: December 5,1973. MacArthur Airport ILS localizer northeast The official docket will be available for W . P. R ea , HI, course extending from the localizer to a point Rear Admiral, U.S. Coast Guard, 8.5 miles northeast of the localizer. examination by interested parties at the Chief, Office of Merchant 2. Amend § 71.181 o f P a rt 71, Federal Office of Regional Counsel, Federal Avi­ Marine Safety. Aviation Regulations by deleting the de­ ation Administration, Federal Building, [FR Doc.73-26178 Piled 12-10-73;8:45 am] scription of the Islip, N.Y. 700-foot floor John F. Kennedy International Airport, transition area and by substituting the Jamaica, New York. The Federal Aviation Administration, Federal Aviation Administration following in lieu thereof: I s lip, N.Y. having completed a review of the air­ [14 CFR Part 71] space requirements for the terminal area That airspace extending upward from 700 [Airspace Docket No. 73-EA-104] feet above the surface within a 9-mile ra­ of Dunkirk, New York, proposes* the air­ CONTROL ZONE AND TRANSITION AREA dius of the center 40°47'50"N., 73°06'01"W. space action hereinafter set forth: of Islip-MacArthur Airport, Islip, N.Y. and 1. Amend § 71.181 of Part 71, Federal Proposed Alteration within 4-miles each side of the Islip-Mac­ Arthur Airport - localizer northeast course Aviation Regulations so as to delete the The Federal Aviation Administration extending from the 9-mile radius area to a description of the Dunkirk, New York is considering amending §§ 71.171 and point 9.5 miles northeast of the localizer. 71.181 of Part 71 of the Federal Aviation 700-foot floor transition area and by sub­ Regulations so as to alter the Islip, N.Y., This amendment is proposed under stituting the following in lieu thereof: Control Zone (38 FR 388) and Transition section 307(a) of the Federal Aviation Du n k ir k , N.Y. Area (38 F R 507). A ct o f 1958 (72 Stat. 749; 49 U.S.C. 1348) That airspace extending upward from 700 A review of the Islip, New York, ter­ and section 6(c) of the Department of feet above the surface within a 6-mile radius minal airspace establishes a need to alter Transportation Act (49 U.S.C. 1655(c)). of title center 42°29'30"N., 79?16'30"W. of the Islip, New York, control zone and Dunkirk Municipal Airport, Dunkirk, N.Y. transition area to conform to the Ter­ Issued in Jamaica, N.Y., on Novem­ and within a 13.5 mile radius of the center minal Instrument Procedures (TERPS) ber 21,1973. of the airport extending clockwise from a 022° to 232° bearing from the airport. criteria. L . J. C a r d in a l i, Interested parties may submit such Acting Director, Eastern Region. This amendment is proposed under written data or views as they may desire. [PR Doc.73-26173 Filed 12-10-73;8:45 am] section 307(a) of the Federal Aviation Communications should be submitted in A ct o f 1958 (72 Stat. 749; 49 U.S.C. 1348) triplicate to the Director, Eastern Region, and section 6(c) of the Department of Attn: Chief, Air Traffic Division, Depart­ [ 14 CFR Part 71 ] Transportation Act (49 U.S.C. 1655(c)). ment of Transportation, Federal Avia­ [Airspace Docket No. 73—EA-103] tion Administration, Federal Building, Issued in Jamaica, N.Y., on Novem­ John F. Kennedy International Airport, TRANSITION AREA ber 23, 1973. Jamaica, New York 11430. All communi­ Proposed Alteration L. J. C a r d in a li, cations received on or before January 10, Acting Director, Eastern Region. 1974, will be considered before action is The Federal Aviation Administration taken on the proposed amendment. No is considering amending § 71.181 of Part [FR Doc.73-26174 Filed 12-10-73; 8:45 am j

FEDERAL REGISTER, V O L 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34124 PROPOSED RULES

ENVIRONMENTAL PROTECTION which EPA will make shortly to the nificant VMT reduction, their measures AGENCY regulations. Persons affected may pro­ will be accepted and this plan or any ceed as if these had already been made. future EPA plan will be withdrawn to [ 40 CFR Part 52 ] The latter two categories of proposals,, the extent warranted. CALIFORNIA TRANSPORTATION CONTROL are designed to focus attention on the 4. In all the hearings EPA has held PLAN problems of detail that must be consid­ on transportation control plans, a recur­ ered in developing any revised trans­ ring theme has been that VMT reduc­ Approval and Promulgation of State portation control plan for California. tions w ill only be acceptable i f mass Implementation Plans Comprehensive changes made in the reg­ transit is improved at the same time. This notice of proposed rulemaking is ulations as they now stand may well If the present energy crisis leads to issued for reconsideration and amend­ render many of the proposals in these drastic restrictions on gasoline supply, ment of five regulations contained in the categories moot. the California transportation control California transportation control plan plan will actually help alleviate the crisis B ack g r o und and S p e c if ic Q u e s t io n s promulgated by EPA on November 12, by providing mass transit funds, express 1973, 38 P R 31232. These regulations, To assist public comment on the reg­ bus lanes, computerized carpool systems 40 CFR 52.247 through 52.251, would ulations covered by this Notice, and to and so forth. establish a comprehensive program to assist EPA in making revisions that may Particularly in California, if the trans­ reduce automobile traffic in the three well be substantial, an explanation of portation control plans are to produce most heavily polluted California Air the reasons behind their promulgation, anything like the degree of VMT reduc­ Quality Control Regions through the and a list of questions concerning them tion that Congress contemplated might control of practically all existing and fu­ are set out below. be necessary, mass transit must be sig­ ture parking spaces. Two of them would In promulgating these regulations, nificantly expanded. A phased system of apply in all five Regions covered by the EPA was guided by the following surcharges on automobile use is a plan. The basic means of regulation considerations: uniquely effective regulatory instrument would be surcharges imposed on all free 1. The Clean Air Act. requires all for accomplishing both these goals. The and commercial parking spaces by the measures that are “reasonably available” same surcharge that discourages auto­ relevant local government, and on non- to be put into effect to achieve air quality mobile use in a gradual and flexible way carpool employee parking by the rele­ standards before 1977. “Transportation by making it more expensive can also vant employer. In addition, a permit controls” are specifically mentioned in raise the revenue to expand mass transit would be required to construct any new both the Act and in its legislative his­ to accommodate the displaced travel de­ parking facility over 50 spaces. All sur­ tory. Though a measure that would lead mand. Once mass transit has been ex­ charges would be collected either by the to major economic or social dislocation panded, a further VMT reduction by in­ relevant local government or the rele­ cannot be considered “reasonably avail­ creasing the surcharge will be possible, vant employer. All net revenues over and able,” the intent of the Clean Air Act and this in turn will provide revenue to above the cost of collection would be is unmistakably to require significant increase mass transit still more. Under spent on improving mass transit. changes in habits and travel patterns the EPA plan, the surcharge revenues This notice of proposed rulemaking as a means of achieving the standards. could be used for capital expansion, op­ announces deferral of all steps in the 2. California has the country’s worst erating subsidies, or any other approv- implementation of the surcharge regu­ automobile-caused air pollution problem. able transit-related purpose. lations— 40 CFR 52.248, 52.249, and The peak readings of photochemical oxi­ 5. Employers who provide parking 52.250— fo r a period o f six months or un­ dants in Los Angeles, San Diego, and San spaces for their employees, particularly til they can be reconsidered and amended Francisco are all higher than have beerr those who provide free parking spaces, in an orderly manner, whichever period recorded anywhere else in the country; encourage the use of single-passenger is longer. In addition, a deferral of one the reading for Los Angeles is almost automobiles by commuters as against the year in the date for imposing any sur­ twice as high. In addition, the problem use of less-polluting forms of transporta­ charge, however modified, on free and in California is caused almost exclusively tion. Such employers may therefore be commercial parking spaces will be pro­ by automobiles. made responsible for the pollution their mulgated. 3. Studies have repeatedly indicated own actions have induced, and may be Public reaction to these particular that shifts away from single-passenger regulated as “indirect sources” of air pol­ measures since the plan was announced automobiles and towards carpools and lution as that term is defined in the has been intense. The surcharges in par­ mass transit are unlikely to occur w ith-. General Preamble. Such employers are ticular have been widely criticized as out both significant disincentives to the , also the persons best equipped to en­ arbitrary, illegal, administratively bur­ use of the former and significant incen­ courage shifts in the pattern of com­ densome, and economically disastrous. A tives to the use of the latter. muter travel, since for them the data and great many petitions for judicial review Particularly in regions of spread-out the administrative machinery necessary of the EPA promulgation have been filed. development the only two methods that to an effective program to regulate such In the preamble to EPA’s November 12 appear to be capable of obtaining a sig­ travel are to a considerable extent al­ promulgation, the Administrator recog­ nificant VMT reduction are (i) compre­ ready in existence. Though additional nized that “many aspects of the sur­ hensive restrictions on the sale of gaso­ expense to employers might result, that charge and employer incentive regula­ line and (ii) comprehensive restrictions expense is expected to fall well within tions are new and indeed unprece­ on parking. The first alternative was pro­ the range of expenses that pollution dented,” and promised to revise them if posed for comment in many Regions, abatement requirements will impose on revision were appropriate in the light of including the five California regions, and such industries as, for example, electric comments received. 38 PR 31237. This rejected because the Administrator power generation and the manufacture notice of proposed rulemaking is being found that “The possibilities of evasion, of new automobiles. issued to assist that public comment the likelihood of noncompliance, and the In the course of this rulemaking, EPA process. difficulty of enforcement are too great will wish to have factors which may have This notice is divided into three parts. to make this measure practicable.” 38 PR been overlooked or undervalued brought The first, which is designed to help EPA 30632 (November 6, 1973). Accordingly, to its attention. Detailed public comment obtain the necessary information for the California plan was promulgated is of the greatest importance to the de­ comprehensive modifications to the reg­ containing the second strategy. velopment of revised, workable, and pub­ ulations, gives background and asks The Clean Air Act places the respon­ licly acceptable transportation control specific questions. The second part con­ sibility for developing implementation measures. Comment is particularly in­ plans on the State governments in the tains more specific proposals for com­ vited on the following points: ments, based on the regulations as they first instance. If the State of California, now stand. The third describes correc­ or local governments such as cities, come 1. Is a comprehensive system of sur­ tive, technical, or clarifying amendments up with measures that would achieve sig­ charges on free and commercial parking

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 PROPOSED RULES 34125

an acceptable means of obtaining sig­ directly, rather than only surcharging S p e c if ic P roposed A m e n d m e n t s nificant VMT reduction? Is there another those who provide the parking spaces? preferable system? Specifically, are any If, even so, the administrative burdens EPA currently intends to modify the of the following preferable: (i) Cutbacks would be too severe, could they be re­ California transportation control plan as on gasoline supply (ii) surcharges on duced to an acceptable level by exempt­ set forth in the succeeding paragraphs. gasoline sales (iii) directly requiring re­ ing certain categories of spaces from sur­ Public comment on these proposals is in­ ductions in the number of parking spaces charge entirely (for example, on-street vited. The change proposed in para­ (iv) far more widespread or more rapid parking) ? If one or more such exemp­ graphs 2 and 3 of this section may be conversion of streets to the exclusive use tions were established, what altérnate promulgated at any time after Janu­ of busses and carpools? \ form of regulations of the exempted ary 10, 1974. 2. Are the surcharge rates in the regu­ spaces should be adopted to avoid in­ 1. “Residential parking spaces” were lations as they stand too high? Would equitable treatment of the spaces still exempted from surcharge to avoid sur- they impose intolerable competitive or subject to surcharge? To ensure that the -■ charging the parking spaces where m otor financial burdens on a significant num­ surcharges remaining would* in fact lead vehicles are stored when they are not in ber of businesses, even though all busi­ to a VMT reduction, and not simply to a use. In conformity with this logic, it is nesses that m aintain their own parking switch of parking to unregulated spaces? proposed to include in this exemption the facilities would be equally burdened? 6. Based on all the factors outlined spaces where fleet vehicles owned by Would certain categories of noncommer­ above, precisely how should the surcharge businesses, governments, car rental agen­ cial activities be intolerably burdened? provisions be revised? If they are to be cies, and the like are parked when not What degree of VMT reduction would abandoned, precisely what form of regu­ in use. result from implementing the present lation should be substituted for them? 2. The current EPA regulation for re­ surcharge schedules? Would this be more 7. Should a system of surcharges on view of new parking spaces requires that than is economically or socially toler­ employee parking be retained? Is it ad­ all lots over 50 spaces receive a permit. able? ministratively practicable? If it is not, EPA proposes to amend this requirement 3. Would the revenues generated by how can it be modified to be made ad­ to limit the permit requirement to lots implementing the surcharge on the ministratively practicable? In general, is of 250 or more, except to the extent that schedule promulgated be more than can the use of fees on employee parking to the Administrator may determine that usefully be spent on mass transit in the reduce VM T a good idea? Is the schedule lots between 50 and 250 spaces in a cer­ three regions affected? For the first few of fees contained in § 52.250 as it now tain area to be designated by him are years, would this be the case? In each stands too steep? If undue expense might having a significant adverse impact on of the three regions affected, what are result in some cases, how could that be the regional transportation control the total, long-term funding require­ mitigated? If the surcharge levels are to strategy. ments for the kind of mass transit sys­ be relaxed, should the relaxation (a) re­ 3. Section 52.251 requires review of any tem capable of eventually absorbing a duce the maximum surcharge level (b) “parking facility” which has more than 20 percent VMT reduction? Of absorb­ allow more time for its implementation 50 spaces. The most natural reading of ing a 40 percent VMT reduction? (c) exempt smaller employers from some this language is that if more than 50 4. If there is to be a system of parking or all of the requirements imposed on spaces are located in one place, for ex­ surcharges, and if it is to be phased in, larger ones? ample, an apartment house parking lot, is the current approach o f phasing it into 8. Is a requirement that employee use review is required, while if they are scat­ the large cities first the best approach? of mass transit be subsidized administra­ tered in small groups throughout an Specifically, would it be preferable to tively practicable? If not, how can it be area,, as they would be in a subdivision, phase it in (i) throughout the regions amended so as to became practicable? review is not required. To eliminate this in question, but at a reduced level? If so, Would such a subsidy program be too inconsistency, EPA currently intends to what levels should be chosen? (ii) in expensive either (a) in itself, or (b) if eliminate all residential parking facili­ areas “adequately served by mass tran­ financed in part out of revenues from ties from review and such an amendment sit”? In areas “potentially adequately surcharges on employee parking? How is proposed. served by mass transit”? If one of these does any expense o f such a program com­ 4. Section 52.250 in its present form last two approaches were adopted, how pare with. the expense of maintaining would require even an employer with would these areas be determined? Given employee parking facilities? With other many times more employees than park­ the current inadequacy o f mass transit in pollution abatement expenses imposed on ing spaces to pay the mass transit fees these regions, what assurance would industry? of all its employees whenever it main­ there be that such a surcharge would 9. What other measures by employers tained more than the minimum number have a significant impact on VMT in its should be suggested or required? Should of parking spaces. Since this particular first years? If it would not, how could greater emphasis be placed on measures class of employers will, almost by defini­ it be phased so as to provide assurance of the employer’s own choosing? If a tion, be doing more than most others to that after a few years it would have a greater degree of freedom were allowed, discourage single-car commuting, such a significant impact? (iii) in areas to be what enforceable assurance would there result is unjust, and was not intended. designated by the affected localities? If be that employers subject to this regula­ One way of avoiding it would be to pro­ this were done, what guidelines could be tion would do their part in meeting the vide that mass transit subsidies could established to make sure each of these requirements of the Clean Air Act? not exceed the revenues collected from localities would designate more than a 10. Should all residential parking parking surcharges, or could not exceed minimum area? Should they, for ex­ spaces be exempted from review under some multiple of that amount such as ample, be required to designate a cer­ § 52.251? Alternatively, should all such 1.5 or 2. Such an amendment is pro­ tain minimum percentage of the parking spaces be reviewed? If they are to be posed. spaces w ithin th eir boundaries fo r sur­ reviewed, should review be under a dif­ S p e c if ic A m e n d m e n t s to be charge? ferent standard? P r o m ulgated 5. The regulation surcharging free 11. Is the 50-space cut-off for review The following specific amendments to parking spaces on an annual basis was under § 52.251 too low? If ft is, what adopted to avoid the potentially severe the regulations covered by this notice should the minimum cut-off number be? will be promulgated shortly: administrative burdens that could result Whatever minimum cut-off number is es­ from compelling all free parking spaces tablished, should lots under that number 1. The definition of “employer” in to switch to commercial operation. If be reviewed under a less stringent test? § 52.247 covers any person who employs such a switch was required, would the If so, what should the test be? Should “50 or more persons.” The reference to administrative burdens in fact be severe? such smaller lots be reviewed at the op­ 50 or more persons has no regulatory Would they be justified by the increased tion of the Administrator in certain areas significance, since the employer regula­ VMT reduction that could be expected or circumstances? I f so, how should those tion Itself, § 52.250, reads exclusively in to result from surcharging the motorist areas or circumstances be determined? terms of the number of employee parking

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34126 PROPOSED RULES spaces’maintained. This reference will be the close of the last such hearing result over 0.0054 gram or more per gal­ eliminated. will be considered in developing revised lon will provide a minimum of 95 percent 2. Bead literally, § 52.250 would apply regulations. confidence that the sample is over 0.005 to any employer with more than 700 (or This notice of proposed rulemaking is gram per gallon. 70) spaces, even if those spaces were in issued under authority of sections 110 EPA has added two footnotes to the several different locations. Since it is in­ and 301(a) of the Clean Air Act, as ASTM methods. These are not intended tended that an incentivé program is only amended, 42 U.S.C. 1857c-5 and 1857- to modify the methods but only to clarify required to the extent that the in­ g (a ). procedures to be followed. dividual employment facility itself has J o h n Q u a r le s , ASTM conducted an extensive review more than the minimum number of Acting Administrator. period which enabled industry to evalu­ spaces in one location, this will be D ecem ber 6, 1973. ate and comment on the methods prior to clarified. their final acceptance. Because of the 3. Section 52.250 should have included [FR Doc.73-26266 Filed 12-10-73; 8:45 am] apparent general acceptance of the a provision allowing any individual em­ A S T M methods, E PA is lim itin g the com­ ployer to submit to the Administrator an [ 40 CFR Part 80 ] ment period on the proposed regulations alternate mass transit incentive plan to 30 days. Interested persons may sub­ which the Administrator could approve REGULATIONS OF FUELS AND FUEL mit written comments on the proposed upon finding that it would have the same ADDITIVES test methods in triplicate to the Assistant VMT reduction potential as the meas­ Proposed Test Procedures Administrator for Air and Water Pro­ ures prescribed by the regulation it­ grams, Waterside Mall, 401 M Street self. Such a provision will be added. On January 10, 1973, regulations were SW., Washington, D.C. 20460. All rele­ published in the F ederal R egister (38 F R 4. The parking review regulation, as vant comments postmarked not later 1254) which, among other measures, re­ than January 10, 1974, will be con­ required by court order, applies to all quired certain retail service stations to parking facilities for which a construc­ sidered. Comments received will be avail­ offer for sale at least one grade of gaso­ able for public inspection during normal tion contract had not been signed as of line containing no more than prescribed August 15, 1973. In many instances, working hours (8 a.m. to 4:30 p.m.) at trace levels of lead and phosphorus. Sec­ the Freedom of Information Center, builders subject to review under this tion 80.3 of the regulations provided that provision will have made substantial Waterside Mall, 401 M Street SW., test methods would be prescribed by the Washington, D.C. 20460. commitments in good faith before Au­ Administrator. It is now proposed to add gust 15, even though no contract was Appendices to 40 CFR Part 80 prescrib­ This notice of proposed rulemaking is signed. For such situations, it is EPA's ing test methods for trace lead and phos­ issued under the authority of section 211 intent to consider the difficulty to the phorus in gasoline. These methods are of the Clean Air Act, as amended (42 builder based on actions taken before proposed to be used to enforce the trace U.S.C. 1857f-6c). August 15 of modifying his design, and lead and phosphorus levels as required Dated: December 5,1973. to weigh such factors against the Air by the regulations for lead free gasoline. quality or VMT reduction, benefits of Jo h n Q u ar les, At the time of promulgation, no test Acting Administrator. such modification in determining methods for trace lead and phosphorus whether to approve an application. An were available which had been accepted It is proposed to amend 40 CFR Part amendment to make this explicit will be by EPA and the scientific community. 80, as follow s: added. Consequently, EPA considered proposing 1. Section 80.3 is revised to read as 5. It is the Agency’s intent* that tests which were in general use but had follow s: churches be exempted from surcharge not been standardized by any formal § 80.3 Test methods. since they are used mainly on weekends body. However, the American Society of when oxidant readings are relatively low. Testing and Materials (ASTM) was al­ The lead and phosphorus content of This w ill be clarified. ready working on suitable test methods gasoline shall be determined in accord­ 6. It is the Agency’s intent to exempt and indicated that these methods would ance with test methods set forth in the from surcharge any parking by emer­ probably be standardized by September Appendices to this Part. These methods gency vehicles. “Emergency vehicles” 1973. EPA recognized that there were are identical to. ASTM “Method of Test will be defijied as “any ambulance, police benefits to using standardized tests and for the Determination of Phosphorus in car, rescue truck, piece of fire fighting met with ASTM on February 5, 1973, to Gasoline,” #D3231-73, and the “Stand­ equipment, or any other vehicle custom­ discuss the ASTM program and EPA ard Method of Test for Lead in Gasoline arily used for the emergency protection needs. The results of that meeting were by Atomic Absorption Spectrometry,” o f life o r property.” an ASTM commitment to expedite the #D3237-73. 7. In many areas of California, it approval procedure and an EPA decision 2. Appendices A and B are added as would be impossible to determine a to defer test proposal until ASTM stand­ follow s: “commercial rate” by the method speci­ ardization. A p p e n d ix A fied by i 52.250 (a) (2) without looking to The test methods now proposed are TEST FOR THE DETERMINATION parking facilities located many miles identical to “Method of Test for the De­ OF PHOSPHORUS IN GASOLINE away from the employer in question. termination of Phosphorus in Gasoline,” Such cases, when they arise, indicate #D3231-73, and the “Standard Method 1. Scope that most parking in the vicinity of the of Test for Lead in Gasoline by Atomic 1.1 This method was developed for the employer is in fact free, and that there Absorption Spectrometry,” #D3237-73. determination of phosphorus generally pres­ is accordingly no meaningful commercial EPA, however, is not bound by any ent as pentavalent phosphate esters or salts, rate to apply. This section will be change which ASTM may subsequently or both, in gasoline. This method is appli­ cable for the determination of phosphorus in amended to clarify that if no “com­ make in its test methods. mercial rate” can be determined by look­ the range from 0.0008 to 0.15 g P/tJ.S. gal, The January 10 regulations specify the or 0.2 to 40 mg P/litre. ing only to facilities of 100 or more trace lead level in unleaded gasoline to 2. Applicable Documents spaces within two miles, of the em­ be 0.050 gram of lead per gallon. The ployment facility in question, the em­ accuracy of the proposed test method is 2.1 ASTM Standards: ployer may consider the “commercial such that a test result of 0.056 gram or D 1100 Specification for Filter Paper for rate” to be zero and collect only the more per gallon provides a minimum of Use in Chemical Analysis surcharge. 95 percent confidence that the sample is 3. Summary of Method Public hearings will be held on this over 0.050 gram per gallon. Under the 3.1 Organic matter in the sample is decom­ proposal in each of the five affected regulations, the trace level for phos­ posed by ignition in the presence of zinc Regions early next year at times and phorus is 0.005 gram of phosphorus per oxide. The residue is dissolved in sulfuric places to be announced later. All public gallon of gasoline. The accuracy of the acid and reacted with ammonium molybdate comment received up to thirty days after proposed phosphorus test is such that a and hydrazine sulfate. The absorbance of the

FEDERAL REGISTER. VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 PROPOSED RULES 34127

“Molybdenum Blue” complex is proportional 5.6 Phosphorus, Standard Solution (10.0/j.g One millilitre of phosphorus standard solu­ to the phosphorus concentration in the P /m l)— Pipet 10 ml of stock standard tion provides 10 /tg of phosphorus. sample and is read at approximately 820 nm phosphorus solution into a 1000-m l volu­ in a 5-cm cell. metric flask and dilute to the mark with 7. Sampling water. 7.1 Selection of the size of the sample to be 4. Apparatus 5.7 Phosphorus, Stock Standard Solution tested depends on the expected concentra­ 4.1 Buret, 10-ml capacity, 0.05-ml subdivi­ ( 1.00 mg P /m l)— Dry approximately 5 g of tion of phosphorus in the sample. If a con­ sions. potassium dihydrogen phosphate (KHgPOJ centration of phosphorus is suspected to be 4.2 Constant-Temperature Bath, equipped in an oven at 221 to 230°P (105 to 110°C) for less than 0.0038 g/gal (1.0 mg/litre), it will to hold several 100-ml volumetric flasks sub­ 3 h. Dissolve 4.393±0.002 g of the reagent in be necessary to use 10 ml of sample. merged to the mark. Bath must Jiave a large 150 ml, measured with a graduated cylinder, N ote 8— Two grams of zinc oxide cannot enough reservoir or heat capacity to keep the of H2SO4(l + 10) contained in a 1000-ml volu­ absorb this volume of gasoline. Therefore the temperature at 180 to 190°F (82.2 to 87.8'C) metric flask. Dilute with water to the mark. 10-ml sample is ignited in aliquots of 2 ml during the entire period of sample heating. 5.8 Sulfuric Acid (l-\-10)—Using grad­ in the presence of 2 g of zinc oxide. uated cylinders for measurement add slowly 7.2 The following table serves as a guide N ote 1—If the temperature of the hot (Note 2 ), with continuous stirring, 100-ml of for selecting sample size: water bath drops below 180°F (82.2°C) the concentrated sulfuric acid (H 2SO<, sp gr 1.84) color development may not be complete. to 1 litre of water contained in a beaker Sample 4.3 Cooling Bath, equipped to hold several placed in a bath of cold water. Phosphorus, milli­ Equivalent, size, 100-ml volumetric flasks submerged to the 5.9 Zinc Oxide. grams per liter grams per gallon milli­ liter mark in ice water. N ote 5— High-bulk density zinc oxide may 4.4 Filter Paper, for quantitative analysis, cause spattering. Density of approximately Class. G for fine precipitates as defined in 0.5 g/cm3 has been found satisfactory. 2.5 to 40...... 0.01 to 0.15...... 1.00 Specification P 1100. 1.3 to 20...... 0.005 to 0.076...... 2.00 6. Calibration 0.9 to 13...... 0.0037 to 0.05...... 3.00 4.5 Ignition Dish— Coors porcelain evapo­ 1 or less...... 0.0038 or less...... 10.00 rating dish, glazed inside and outside, with 6.1 Transfer by buret, or a volumetric pourout (size no. 00A, diameter 75 mm. ca­ transfer pipet, 0.0, 0.5, 1.0, 1.5, 2.0, 3.0, 3.5, pacity 70 m l). and 4.0 ml of phosphorus standard solution 8. Procedure 4.6 Spectrophotometer, equipped with a into 10 0 -ml volumetric flasks. 8.1 Transfer 2 ± 0.2 g of zinc oxide into a tungsten lamp, a red-sensitive phototube 6.2 Pipet 10 ml of HjS04 (1 + 10) into each conical pile in a clean, dry, unetched ignition capable of operating at 830 mm and with flask. Mix immediately by swirling. dish. absorption cells that have a 5-cm light path. 6.3 Prepare the molybdate-hydrazine solu­ N ote 9— In order to obtain satisfactory ac­ 4.7 Thermometer, range 50 to 220°F (10 to tion. Prepare sufficient volume of reagent curacy with the small amounts of phospho­ 105 °C ). based on the number of samples being rus involved, it is necessary to take exten­ 4.8 Volumetric Flask, 100-ml with ground- analyzed. glass stopper. 6.4 Pipet 50 ml of the molybdate-hydra­ sive precautions in handling. The usual pre­ 4.9 Volumetric Flask, 1000-ml with ground- zine solution to each volumetric flask. Mix cautions of cleanliness, careful manipula­ glass stopper. Immediately by swirling. tion, and avoidance of contamination should 4.10 Syringe, Luer-Lok, 10-ml equipped 6.5 Dilute to 100 ml with water. be scrupulously observed; also, all glassware with 5-cm. 22-gage needle. 6.6 Mix well and place in the constant- should be cleaned before use, with cleaning temperature bath so that the contents of the acid or by some procedure that does not in­ 5. Reagents flask are submerged below the level of the volve use of commercial detergents. These compounds often contain alkali phosphates 5.1 Purity of Reagents—Reagent grade bath. Maintain bath temperature at 180 to which are strongly adsorbed by glass Surfaces chemicals shall be used in all tests. Unless 190°P (82.2 to 87.8°C) for 25 min (Note 1). and are not removed by ordinary rinsing. It otherwise indicated, it is intended that .all 6.7 Transfer the flask to the cooling bath is desirable to segregate a special stock of reagents shall conform to the specifications and cool the contents rapidly to room tem­ of the Committee on Analytical Reagents of perature. Do not allow the samples to cool glassware for use only in the determination of phosphorus. the American Chemical Society, where such more than 5°F (2.8°C) below room tempera­ specifications are available. Other grades may ture. 8.2 Make a deep depression in the center be used, provided it is first ascertained that Note 6— Place a chemically clean ther­ of the zinc oxide pile with a stirring rod. the reagent is of sufficiently high purity to mometer in one of the flasks to check the 8.3 Pipet the gasoline sample (Note 10) permit its use without lessening the accuracy temperature. (see 7.2 for suggested sample volume) into of the determination. 6.8 After cooling the flasks to room temper­ the depression in the zinc oxide. Record the 5.2 Purity of Water— Unless otherwise in­ ature, remove them from the cooling water temperature of the fuel if the phosphorus dicated, references to water shall be under­ bath and allow them to stand for 10 min content is required at 60°F (15.6°C) and at room temperature. stood to mean distilled water or water of make correction as directed in 9.2. equal purity. 6.9 Using the 2.0-ml phosphorus standard 5.3 Ammonium Molybdate Solution— Using in a 5-cm cell, determine the wavelength N ote 10— For the 10-ml sample use m ul­ graduated cylinders for measurement add near 820 nm that gives maximum absorbance. tiple additions and a syringe. Hold the tip of slowly (Note 2), with continuous stirring. The wavelength giving maximum absorbance the needle at approximately % of the depth 225 ml of concentrated sulfuric acid to 500 should not exceed 830 nm. of the zinc oxide layer and slowly deliver 2 ml of water contained in a beaker placed in 6.9.1 Using the red-sensitive phototube and ml of the sample: fast sample delivery may a bath of cold water. Cool to room tempera­ 5-cm cells, adjust the spectrophotometer to give low results. Give sufficient time for the ture and add 20 g of ammonium molybdate zero absorbance at the wavelength of maxi­ gasoline to be absorbed by the zinc oxide. tetrahydrate ( (NH4) „Mo/^+HaO). Stir until mum absorbance using distilled water in Follow step 8.6. Cool the dish to room tem­ solution is complete and transfer to a 1000- both cells. Use the wavelength of maximum perature. Repeat steps 8.3 and 8.6 until all ml flask. Dilute to the mark with water. absorbance in the determination of cali­ the sample has been burned. Safety— cool the Ignition dish before adding the additional Note 2— Wear a face shield, rubber gloves, bration readings and future sample readings. and a rubber apron when adding concen­ 6.9.2 The use of 1-cm cells for the higher aliquots of gasoline to avoid a flash fire. concentrations is permissible. trated sulfuric acid to water. 8.4 Cover the sample with a small amount 6.10 Measure the absorbance of each cali­ 5.4 Hydrazine Sulfate Solution— Dissolve of fresh zinc oxide from reagent bottle (use bration sample including the blank (0.0 ml 1.5 g of hydrazine sulfate (H£NNH2 H2S04) in the tip of a small spatula to deliver approxi­ 1 litre of water, measured with a graduated phosphorus standard) at the wavelength of mately 0.2 g ). Tap the sides of the ignition cylinder. maximum absorbance with distilled water in dish to pack the zinc oxide. the reference cell. Note 3— This solution is not stable. Keep N ote 7— Great care must be taken to avoid 8.5 Prepare the blank, using the same it tightly stoppered and in the dark. Prepare possible contamination. If the absorbance amount of zinc oxide in an ignition dish. a fresh solution after 3 weeks. of the blank exceeds 0.04 (for 5-cm cell), 8.6 Ignite the gasoline, using the flame 5.5 Molybdate-Hydrazine Reagent— Pipet check for source of contamination. It is sug­ from a bunsen burner. Allow the gasoline to 25 ml of ammonium molybdate solution into gested that the results be disregarded and bum to extinction (Note 10). a 100-ml volumetric flask containing approx­ the test be rerun with fresh reagents and 8.7 Place the ignition dishes containing imately 50 ml of water, add by pipet 10 ml of clean glassware. the sample and blank in a hot muffle furnace HjNNHg-HgSOj solution, and dilute to 100 ml 6.11 Correct the absorbance of each stand­ set at a temperature of 1150 to 1300°F (621 with water. ard solution by subtracting the absorbance to 704°C) for 10 min. Remove and cool the N ote 4—This reagent is unstable and of the blank (0 ml phosphorus standard). ignition dishes. When cool gently tap the should be used within about 4 h. Prepare it 6.12 Prepare a calibration curve by plotting sides of the dish to loosen the zinc oxide. immediately before use. Each determination the corrected absorbance of each standard Again place the dishes in the muffle furnace (including the blank) uses 50 ml. solution against micrograms of phosphorus. for 5 min. Remove and cool the ignition

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 No. 237—Pt. I ---- 8 34128 PROPOSED RULES dishes to room temperature. The above treat­ 10. Precision 4.9 Lead-Free Gasoline— Gasoline con­ ment is usually sufficient to burn the carbon. 10.1 The following criteria should be used taining less than 0.001 g Pb/gal, such as If the carbon Is not completely burned off for judging the acceptability of results (95% Indolene HO. place the dish into the oven for further 5- confidence): 4.10 Lead, Standard Solution (5.0 g Pb/ min. periods. 10.2 Repeatability—Duplicate results by gal)— Dissolve 0.4433 g of lead chloride (Pb the same operator should be considered sus­ Cl2) previously dried at 105° C for 3 h in N o te 11— Step 8.7 may also be accom­ pect if they differ by more than the following about 200 ml of 10% Aliquat 336/MIBK plished by heating the ignition dish with a amounts: solution in a 250-ml volumetric flask. Dilute Meker burner gradually increasing the inten­ to the mark with the 10% Aliquat solution, sity of heat, until the carbon from the sides g P/TJ.S. gal ( mg mix, and store in a brown bottle having a of the dish has been burned, then cool to P/litre) Repeatability polyethylene-lined cap. This solution con­ room temperature. 0.0008 to 0.005 (0.2 to 0.0002 g P/U.S. gal tains 1.321 /tg Pb/ml, which is equivalent to -8.8 Pipet 25 ml of H2SO4 (1 + 10) to each 1 .3 ) (0.05 mg P/litre) 5.0 g Pb/gal. ignition dish. While pipeting, carefully wash 0.005 to 0.15 (1.3 to 40) 7% of the mean 4.11 Lead, Standard Solution (1.0 g~Pb/ gal)— By means of a pipet, accurately trans­ all traces of zinc oxide from the sides of the 10.3 Reproducibility— The results sub­ fer 50.0 ml of the 5.0 g Pb/gal solution to a ignition dish. mitted by each of two laboratories should not 250-ml volumetric flask, dilute to volume 8.9 Cover the ignition dish with a borosili- be considered suspect unless they differ by with 1% Aliquat/MIBK solution. Store in a cate watch glass and warm the ignition dish more than the following amounts: on a hot plate until the zinc oxide is com­ brown bottle having a polyethylene-lined cap. pletely dissolved. g P/U.S. gal (mg 4.12 Lead, Standard Solutions (0.02, 0.05, 8.10 Transfer the solution through filter P/litre) Reproducibility and 0.10 g P b /g a l)— Transfer accurately by paper to a 100-ml volumetric flask. Rinse the 0.0008 to 0.005 (0.2 to 0.0005 g P/U.S. gal means of pipets 2.0, 5.0, and 10.0 ml of the watch glass and the dish several times with 1.3) (0.13 mg P/litre) 1.0-g Pb/gal solution to 100-ml volumetric distilled water (do not exceed 25 m l) and 0. 005.to 0.15 (1.3 to 40) 13% of the mean flasks: add 5.0 ml of+ % Aliquat 336 solution transfer the washings through the filter to each flask; dilute to the mark with MIBK. paper to the volumetric flask. A ppend ix B Mix well and store in bottles having poly­ 8.11 Prepare the molybdate-hydrazine so­ TEST FOR LEAD IN GASOLINE BY ATOMIC ethylene-lined caps. lution. ABSORPTION SPECTROMETRY 4.13 Methyl Isobutyl Ketone (MIBK). (4- 8.12 Add 50 ml of the molybdate-hydrazine methyl-2-pentanone). 1. Scope solution by pipet to each 100-ml volumetric 5. Calibration flask. Mix immediately by swirling. 1.1 This method covers the determina­ 8.13 Dilute to 100 ml with water and mix tion of the total lead content of gasoline 5.1 Preparation of Working Standards— well. Remove stoppers from flasks after mix­ within the concentration range of 0.010 to Prepare three working standards and a blank ing. 0.10 g of lead/UB. gal. The method compen­ using the 0.02, 0.05, and 0.10-g Pb/gal stand­ 8.14 Place the 100-ml flasks in the con­ sates for variations in gasoline composition ard lead solutions described in 4.9. stant-temperature bath for 25 min so that and is independent of lead alkyl type. 5.1.1 To each of four volumetric flasks con­ the contents of the flasks are below the liq­ taining 30 ml of MIBK, add 5.0 ml of low lead uid level of the bath. The temperature of 2. Summary of Method standard solution and 5.0 ml of lead-free the bath should be 180 to 190°P (82.2 to 2.1 The gasoline sample is diluted with gasoline, in the case of the blank, add only 87.8°C) (Note 1). methyl isobutyl ketone and the alkyl lead 5.0 ml of lead-free gasoline. 8.15 Transfer the 100-ml flasks to the compounds are stabilized by reaction with 5.1.2 Add immediately 0.1 ml of iodine/ cooling bath and cool the contents rapidly iodine and a quaternary ammonium salt. toluene solution by means of the 100-/d Ep­ to room temperature (Note 5). The lead contení of the sample is determined pendorf pipet. Mix well.1- 8.16 Allow the samples to stand at room by atomic absorption flame spectrometry at 5.1.3 Add 5 ml of 1% Aliquat 336 solution temperature before measuring the absorb­ 2833 A, using standards prepared from re­ and mix. ance. agent grade lead chloride. By the use of this 5.1.4 Dilute to volume with M IBK and mix N ote 12— The color developed is stable for treatment, all alkyl lead compounds give well. 5.2 Preparation of Instrument— Optimize at least 4 h. identical response. 8.17 Set the spectrophotometer to the the atomic absorption equipment for lead at wavelength of maximum absorbance as de­ 3. Apparatus 2833 A. Using the reagent blank, adjust the termined in 6.9. Adjust the spectrophotom­ 3.1 Atomic Absorption Spectrometer, capa­ gas mixture and the sample aspiration rate to eter to zero absorbance, using distilled water ble of scale expansion and nebulizer adjust­ obtain an oxidizing flame. 5.2.1 Aspirate the 0.1-g Pb/gal working in both cells. ment. 8.18 Measure the absorbance of the sam­ 3.2 Volumetric Flasks, 50-ml. standard and adjust the burner position to ples at the wavelength of maximum absorb­ 3.3 Pipets, 5-ml, 10-ml, and 20-ml sizes. give maximum response. Some instruments ance with distilled water in the reference 3.4 Micropipet, 100-/d, Eppendorf type or require the use of scale expansion to produce cell. equivalent. a reading of 0.150 to 0.170 for this standard. 8.19 Subtract the absorbance of the blank 5.2.2 Aspirate the reagent blank to zero from the absorbance of each sample (Note 7). 4. Reagents the instrument and check the absorbances 8.20 Determine the micrograms of phos­ 4.1 Purity of Reagents— Reagent grade of the three working standards for linearity. phorous in the sample, using the calibration chemicals shall be used in all tests. Unless 6. Procedure curve from 6.12 and the corrected absorb­ otherwise indicated, it is intended that all 6.1 To a 50 ml volumetric flask containing ance. reagents shall conform to the specifications 30 ml MIBK, add 5.0 ml of gasoline sample and mix. 9. Calculations of the Committee on Analytical Reagents of the American Chemical Society, where such 6.1.1 Add 0.10 ml (100 pi) of iodine/tolu- 9.1 Calculate the milligrams of phosphorus specifications are available. Other grades may ene solution and allow the mixture to react per litre of samnle as follow« • be used, provided it is first ascertained that about 1 min.3 the reagent is of sufficiently high purity to 6.1.2 Add 5.0 ml of 1% Aliquot 336/MIBK P, mg/litre = P / V permit its use without lessening the accuracy solution and mix. where: 6.1.3 Dilute to volume with MIBK and P = micrograms of phosphorus read from of the determination. 4.2 Purity of Water— Unless otherwise in­ mix. calibration curve, and dicated, references to water shall be under­ 6.2 Aspirate the samples and working V = millilitres of gasoline sample. stood to mean distilled water or water of standards and record the absorbance values To convert to grams of phosphorus per US. with frequent checks of the zero. gallon of sample, multiply mg P/litre by equal purity. 4.3 Aliquot 336 (tricapryl methyl ammo­ 7. Calculations 0.0038. 7.1 Plot the absorbance values versus con­ 9.2 If the gasoline sample was taken at a nium chloride). 4.4 Aliquat 336/MIBK Solution (10% v/ centration represented by the working stand­ temperature other than 60°P (15.6°C) make V)— -Dissolve 100 ml of Aliquat 336 in 900 ards and read the concentrations of the sam­ the following temperature correction: ml of MIBK. ples from the graph. mg P/litre at 15.6°C 7.2 The final concentration range meas­ 4.5 Aliquat 336/MIBK Solution (1% v/ = [m g P/litre at t\ [1+0.001 (t-1 5 .6 ) ] ured varies from 0.26 ¡ig/val to 2.64 /ttg/ml rep­ v ) —Dissolve 10 ml of Aliquat 336 to 1 litre where: resenting 0.01 to 0.10 g Pb/gal respectively. observed temperature of the gasoline, CC. with MIBK. 9.3 Concentrations below 2.5 mg/litre or 4.6 Iodine Solution— Dissolve 3.0 g of 0.01 g/gal should be reported to the nearest iodine crystals in toluene and dilute to 100 1EPA practice will be to mix for a mini­ 0.01 mg/litre or 0.0001 g/TJ.S. gal. mum of one minute. 9.3.1 For higher concentrations, report re­ml with the same solvent. sults to the nearest 1 mg P/litre or 0.005 g 4.7 Isooctane (trimethyl pentane). 3 EPA practice will be to shake vigorously P/U.S. gal. 4.8 Lead Chloride. for one minute.

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 PROPOSED RULES 34129

The calibration graph should be linear; 1. On September 19,1973, the Commis­ tion and death pension) payable under therefore, the calculations can be made by sion adopted a Notice of Proposed Rule title 38. It is proposed to amend Part 3, simple ratios. Making in the above-entitled proceeding. 8. Precision Title 38, Code of Federal Regulations, as 8.1 The following criteria should be used Publication was given in the F ederal set forth below. for Judging the acceptability of results (95% R egister on October 2,1973,38 FR 27303. Interested persons are invited to sub­ confidence): 8.1.1 Repeatability—Duplicate results by The date for filing comments has expired mit written comments, suggestions, or the same operator should be considered sus­ and th'e date for filing reply comments is objections regarding the proposal to the pect if they differ by more than 0.005 g/gal. presently December 3,1973. Administrator of Veterans Affairs (27H), 8.1.2 Reproducibility— The results submit­ 2. On Novem ber 30, 1973, K L E X , In ­ ted by each of two laboratories should not be Veterans Administration, 810 Vermont considered suspect unless the two results dif­ corporated (KLEX) requested that the Avenue, NW., Washington, DC 20420. All fer by more than 0.01 g/gal. time for filing reply comments be ex­ relevant material received before Janu­ [PR Doc.73-26212 Piled 12-10-73;8:45 am] tended to and including December 17, ary 9, 1974, will be considered. All writ­ 1973. It states that the additional time is ten comments received will be available [ 40 CFR Part 169 ] needed to analyze a counterproposal filed for public inspection at the above ad­ by S & M Investments and to prepare a dress only between the hours of 8 a.m. BOOKS AND RECORDS OF PESTICIDE PRODUCTION AND DISTRIBUTION fu ll and com plete response thereto. and 4:30 p.m. Monday through Friday 3. It appears that the requested exten­ (except holidays), during the mentioned Extension of Comment Period sion is warranted. Accordingly, it is or­ 30-day period and for 10 days thereafter. 1. Pursuant to the authority of sec­ dered, That the date for filing reply com­ Any person visiting Central Office for the tions 8 and 25(a) of the Federal Insec­ ticide, Fungicide, and Rodenticide Act, ments is extended to and including purpose o f inspecting any such comments as amended [86 Stat. 987, 9971, the U.S. December 17,1973. will be received by the Central Office Environmental Protection Agency pub­ 4. This action is taken pursuant to au­ Veterans Assistance Unit in room 132. lished in the F ederal R egister o f O cto­ thority found in sections/4(i), 5(d)(1), Such visitors to any VA field station will ber 25, 1973 [38 F R 29481-33 proposed and 303 (r) of the Communications Act of be informed that the records are avail­ regulations providing for the mainte­ 1934, as amended and § 0.281(b) (6) of able for inspection only in Central Office nance and inspection of books and rec­ ords. That promulgation provided the the Commission’s Rules. and furnished the address and the above public 30 days to comment upon the pro­ Adopted: December 4,1973. room number. posed regulations. This comment period Notice is given that the proposed previously expired on November 26,1973. [ s e a l ! W allace E. J o h n s o n , Chief, Broadcast Bureau. amendment would be effective the date 2. On October 31, 1973, the National of final approval. Agricultural Chemicals dissociation re­ [P R Doc.73-26222 Filed 12-10-73;8:45 am] In § 3.810, paragraph (c ) is added to quested that the public comment period be extended for thirty (30) additional VETERANS ADMINISTRATION read as follows: days. The Association indicated that the [38 CFR Part 3 ] § 3.810 Clothing allowance. extension was necessary due to the com­ * * * * * plex nature of the proposal. This Agency CLOTHING ALLOWANCE Is of the view that the public interest (c) (1) Except as provided in para­ would be served by extending the period Time Limit for Filing Application graph (c) (2) of this section, the appli­ for comment by thirty (30) days. The Administrator proposes a regu­ cation for clothing allowance must be 3. It is therefore ordered that the time latory provision which prescribes 1-year filed within 1 year of the anniversary for filing comments regarding the pro­ time limits within which applications for date (August 1) for which entitlement posed regulations providing for the main­ tenance and inspection of books and rec­ the . annual clothing allowance must be is initially established, otherwise, the ords be extended by thirty (30) days. The filed. This provision is applicable to all application will be acceptable only to extended comment period shall expire initial claims. Pub. L. 92-328 (86 Stat. effect payment of the clothing allowance on December 26, 1973. This action is 393) added section 362 to title 38, United becoming due on any succeeding anni­ taken pursuant to the authority of sec­ States Code. This section which was ef­ versary date for which entitlement is tions 8 and 25(a) of the Federal Insecti­ fective August 1, 1972, provides that the established,/provided the application is cide, Fungicide, and Rodenticide Act, as amended [86 Stat. 987,9973. . Administrator of Veterans’ Affairs shall filed within 1 year of such date. The pay an annual clothing allowance 6f 1-year period for filing application will J o h n Q u a r le s , Acting Administrator. $150 to each veteran who has a com­ include the anniversary date and ter­ pensable service-connected disability minate on July 31 of the following year. D ecember 6,1973. which requires the wearing or use of a (2 ) W here the in itia l determ ination o f [PR Doc.73-26211 Filed 12-10-73:8:45 am] prosthetic or orthopedic appliance which service connection for the qualifying dis­ tends to wear out or tear his clothing. A ability is made subsequent to an anni­ FEDERAL COMMUNICATIONS regulatory provision (38 CFR 3.810(b)) versary date for which entitlement is COMMISSION previously promulgated provided that established, the application for clothing [47 CFR Part 73] the initial annual clothing allowance allowance may be filed within 1 year [Docket No. 19828; RM-1910] would become due on August 1,1972, and from the date of notification to the FM BROADCAST STATIONS; LEXINGTON, subsequent annual payments would be­ veteran of such determination. MO. come due on the anniversary date Approved: December 4, 1973. Order Extending Time for Filing; Extending thereof. By direction of the Administrator. Time Reply Comments This provision is comparable to time limits established for initial claims for [ s e a l ] F red B. R h o d e s , In the matter of amendment of § 73.202 Deputy Administrator. (b ), table of assignments, FM Broadcast other gratuitous benefits (compensation, Stations (Lexington, Missouri). dependency and indemnity compensa­ [F R Doc.73-26159 Filed 12-10-73:8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34130 Notices

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

DEPARTMENT OF STATE cember 2,1972, and Amendments 1 and 2 quantity needed to enable the area to to Order 2950, dated December 4, 1972 meet its quota and provide a normal Office of the Secretary and February 9, 1973, respectively. The carryover inventory, as estimated by the [Public Notice 408; Delegation of Authority authorities regarding Indian affairs Secretary for such area for the calendar 104r~9] which were delegated to the Assistant year during which the larger part of the SENIOR ADVISER FOR INTERNATIONAL Secretary-Management and Budget and sugar from such crop normally would be the Assistant to the Secretary for In­ marketed. Such determination may be NARCOTICS MATTERS dian Affairs in Order 2950 and amend­ made only after due notice and oppor­ Delegation of Authority ments are withdrawn and the delegations tunity for an informal public hearing. are no longer in effect. The hearing on this matter will be con­ By virtue of the authority vested in me (a) In addition, this Order revokes ducted in Room 3732, South Building, by the Foreign Assistance Act of 1961, section 11(a) of Secretary’s Order 2954, U.S. Department of Agriculture, Wash­ as amended (75 Stat. 424) (hereinafter dated May 11, 1973, which refers to Sec­ ington, D.C., beginning at 10:00 a.m. on referred to as the A ct), Executive Order retary’s Order 2950, as amended. December 20, 1973. 10973 of November 3, 1961, entitled “Ad­ (b) This Order also revokes Delega­ To obtain the best possible informa­ ministration of Foreign Assistance and tion o f A uthority Mem oranda 73-4, 73-5, tion, all interested persons are requested Related Functions” (hereinafter referred and 73-6 issued by the Assistant to the to appear at the hearing to express their to as the Executive O rder), and section 4 Secretary for Indian Affairs (73-1, 73-2, views, preferably supported in writing by of the Act of May 26, 1949, as amended 73-3 were revoked by 73-3, 73-5, and 73-6 an original and three copies of their oral (63 Stat. Ill; 22 U.S.C. 2658) State De­ respectively). The authorities delegated statement, and to present appropriate partment Delegation of Authority No. in these memoranda are withdrawn and evidence in regard to the establishment 104 of November 3, 1961 (26 FR 10608), the delegations are no longer in effect. of proportionate shares. Statements may as heretofore amended, is hereby further S e c . 2 Reinstatement. Effective im­ also be submitted in writing (original amended as follow s; mediately, this order reinstates all au­ and two copies) at the hearing without 1. Section 3(a) is amended as follows: thority delegated to the Commissioner of an oral presentation, or they may be a. There are hereby allocated to theIndian Affairs or the Deputy Commis­ mailed to the Director, Sugar Division, Administrator the funds allocated to the sioner of Indian Affairs, including but Agricultural Stabilization and Conserva­ Secretary of State by subsection (a) of not limited to the authority delegated by tion Service, U.S. Department of Agricul­ section 501 of the Executive Order, ex­ Secretary’s Order 2508, as amended. All ture, W ashington, D.C. 20250, post­ cept such funds as are appropriated for delegations of authority made to Bureau marked not later than January 4, 1974. purposes of section 481 of the Act. officials in the Bureau of Indian Affairs A ll written submissions made pursuant 2. Section 6 is amended by adding the Manual or elsewhere will continue in to this notice will be made available for following paragraph: effect. public inspection in the Office of the Hearing Clerk, Room 112-A, Administra­ D ecem ber 4,1973. (b) (5). To the Senior Adviser for In­ tion Building, U.S. Department of Agri­ ternational Narcotics Matters: R ogers C. B. M o r t o n , culture, Washington, D.C. (7 CFR (A) those functions conferred upon Secretary of the Interior. 1 .2 7 (b )). the President by section 481 of the For­ eign Assistance Act of 1961 as amended [PR Doc.73-26161 Filed 12-10-73;B:45 am] Signed at Washington, D.C. on Novem­ together with all those authorities con­ ber 30, 1973. tained in the Foreign Assistance Act, to DEPARTMENT OF AGRICULTURE G l e n n A. W e ir , the extent necessary or appropriate to Acting Administrator, Agricul­ Agricultural Stabilization and Conservation tural Stabilization and Con­ accomplish the purposes of Section 481 Service o f the Foreign Assistance Act. servation Service. (B ) the functions of negotiating, con­ PUERTO RICO CANE SUGAR [PR Doc.73-26241 Filed 12-10-73;8:45 am] cluding and terminating international PRODUCING AREA agreements relating to international Notice of Hearing on Proportionate Shares narcotics programs subject to the con­ for 1974-75 Crop Forest Service currences required by the State Depart­ Notice is hereby given that the Secre­ DEADWOOD PLANNING UNIT LAND ment Circular 175 procedure. tary of Agriculture, acting pursuant to USE PLAN Dated ¡-November 16,1973. the Sugar Act of 1948, as amended, is pre­ Availability of Draft Environmental paring to conduct a public hearing to re­ Statement [ s e a l ] K e n n e t h R u s h , ceive views and recommendations from Pursuant to section 102(2) (C) of the Acting Secretary. all interested persons on the possible National Environmental Policy Act of need for establishing proportionate [P R Doc.73-26227 Piled 12-10-73;8:45 am ] 1969, the Forest Service, Department of shares fo r the 1974-75 sugarcane crop in Agriculture, has prepared a draft envi­ DEPARTMENT OF THE INTERIOR Puerto Rico. ronmental statement for the Deadwood In accordance with the provisions of Planning Unit Land Use Plan, USDA- paragraph (1), subsection (b) of section Office of the Secretary FS-D ES (A dm ) 74-45. [Order No. 2959] 302 of the Sugar Act of 1948, as amended, The environmental statement identi­ the Secretary must determine for each COMMISSIONER OF INDIAN AFFAIRS fies and evaluates the probable effects of crop year whether the production of the Land Use Plan for the Deadwood Delegations of Authority sugar from any crop of sugarcane in Planning Unit on the Boise National For­ S e c t io n 1. Revocation. This order re­ Puerto Rico will, in the absence of pro­ est in south-central Idaho. The purpose vokes Secretary’s Order 2950, dated De­ portionate shares, be greater than the of the plan is to allocate National forest

FEDERAL REGISTER, V O L 38, NO. 237— TUESDAY, DECEMBER 11, 1973 NOTICES 34131

lands within the unit to specific resource preparation of the final environmental meeting upon written request addressed uses and activities; establish manage­ statement. to: Central Reference and Records In­ ment objectives; document management G e n e S . B e r g o f f e n , spection Facility, U.S. Department of direction, decisions, and necessary coor­ Deputy Chief, Forest Service. Commerce, Washington, D.C. 20230. dination between resource uses and a ctiv­ D ecem ber 6, 1973. Dated: December 6,1973. ities; and provide for the protection, use, and development of the various resources [FR Doc.73—26242 Filed 12-10-73:8:45 am] S t e v e n L azarus, within the planning unit. The plan pro­ Deputy Assistant Secretary for vides for minimization of adverse effects DEPARTMENT OF COMMERCE East-West Trade, U.S. De­ and maximization of desirable effects. partment of Commerce. Domestic and International Business Minor adverse effects from some develop­ Administration [FR Doc.73-26250 Filed 12-10-73:8:45 am] ment activities will be temporary stream sedimentation and short,periods of air COMPUTER SYSTEMS TECHNICAL pollution. Recreation opportunities will ADVISORY COMMITTEE AMERICAN NATIONAL RED CROSS receive minor modification with oppor­ Notice of Meeting Notice of Decision on Application for Duty- tunities for solitude slightly reduced and Free Entry of Scientific Article opportunities for developed type recrea­ Pursuant to the provisions of the Fed­ tion increased. The mix of uses provided eral Advisory Committee Act (Pub. L. The following is a decision on an appli­ for includes moderate levels of consump­ 92-463), notice is hereby given that a cation for duty-free entry of a scientific tive resource uses. Significant areas will meeting of the Safeguards Subgroup of article pursuant to section 6(c) of the remain undeveloped with options for fu­ the Computer Systems Technical Advi­ Educational, Scientific, and Cultural ture management rem aining open. sory Committee will be held Wednesday, Materials Importation Act of 1966 This environmental statement was December 19, 1973, at 1:00 p.m. in Room (Pub. L. 89-651, 80 Stat. 897) and the transmitted to CEQ on December 5,1973. 1167, 1717 H Street NW„ Washington, regulations issued thereunder as amended Copies are available for inspection dur­ D.C. (37 FR 3892 et seq). ing regular working hours at the follow­ Members advise the Office of Export A copy of the record pertaining to this ing locations: Administration, Bureau, of East-West decision is available for public review Trade, with respect to questions involv­ during ordinary business hours of the Regional Planning Office ing technical matters, worldwide avail­ Department of Commerce, at the Office USDA, Forest Service ability and actual utilization of produc­ Federal Building, Room 2025 of Import Programs, Department of 324 25th Street tion and technology, and licensing pro­ Commerce, Washington, D.C. 20230. O g d e n , Utah 84401 cedures which may affect the level of Docket number: 74-00067-33-46500. Forest Supervisor export controls applicable to' computer APPLICANT: American National Red B o is e National Forest systems, including technical data related Cross, Blood Research Laboratory, 9312 1075 Park Boulevard thereto, and including those whose ex­ Old Georgetown Road, Bethesda, Mary­ B o is e , Idaho 83706 port is subject to multilateral (COCOM) land 20014. Article: Ultramicrotome, District Forest Ranger controls. Model L K B 8800A. M anufacturer: LK B Lowman Ranger District Agenda items are as follows: Produkter AB, Sweden. Intended use of 517 North Jefferson 1. Opening remarks and review of future article:. The foreign article is intended B o is e , Idaho 83702 work of the subgroup by Jeremiah F. Kratz, to be used in the study of biological USDA, Forest Service Acting Chairman. specimens, principally derived from blood South Agriculture Building, Room 3230 2. Presentation of papers or comments by and blood-forming tissues, but includ­ 12th Street and Independence Avenue, S.W. the public. Washington, D.C. 20250 ing other human and animals organs. 3. Discussion of prior work of the Safe­ Specifically the article will be used in guards Subgroup. A limited number of single copies are 4. Executive Session: Review papers pre­ studies of platelet adhesion to collagen, available upon request to Forest Super­ pared by the subgroup. the role of macromolecules in the con­ visor Edward C. Maw, Boise National 5. Adjournment. trol of normal and cancer cell behavior, Forest, 1075 Park Boulevard, Boise, Idaho the antigenic nature of blood cells, the 83706. The public will be permitted to attend nature of—and means of protection Copies are also available from the Na­ the discussion of agenda items 1-3, and against—freezing injury in a variety of tional Technical Information Service, a limited number of seats will be avail­ materials, including mammalian hearts U.S. Department of Commerce, Spring- able to the public for these agenda items. and in age-related changes in the cellu­ field, Virginia 22151. Please refer to the To the extent time permits, members of lar components of blood. name and number of the environmental the public may present oral statements Comments: No comments have been statement above when ordering. to the subgroup. Interested persons are received with respect to this application. Copies of the environmental statement also invited to file written statements Decision: Application approved. No in­ have been sent to various Federal, State, with the subgroup. strument or apparatus of equivalent sci­ and local agencies as outlined in the CEQ With respect to agenda item 4, Execu­ entific- value to the foreign article, for guidelines. tive Session, the Assistant Secretary of such purposes as this article is intended Comments are invited from the public, Commerce for Administration, on July to be used, is being manufactured in the and from state and local agencies which 17, 1973, determined, pursuant to sec­ United States. Reasons: Examination of are authorized to develop and enforce tion 10(d) of Public Law 92-463, that the applicant’s thin sections under the environmental standards, and from Fed­ this agenda item should be exempt from electron microscope will provide optimal eral agencies having jurisdiction by law the provisions of sections 10(a) (1) and information when such sections are uni­ or special expertise with respect to any (a) (3), relating to open meetings and form in thickness and have smoothly cut environmental impact involved for which publiç participation therein, because the surfaces. Conditions for obtaining high comments have not been requested meeting will be concerned with matters quality sections depend to a large extent specifically. listed in 5 U.S.Ç. 552 (b ) (1 ). on the properties of the specimen being Comments concerning the proposed ac­ Further information may be obtained sectioned (e.g., hardness, consistency, tion and requests for additional informa­ from Jeremiah F. Kratz, Acting Chair­ toughness, etc.), the properties of the man of the subgroup, Atomic Energy tion should be addressed to the Forest embedding media and the geometry of Commission, Washington, D.C. 20545 the block. In connection with prior case Supervisor, Boise National Forest, 1075 (A/C 202+973-5351). Park Boulevard, Boise, Idaho 83706. Com­ (Docket No. 69-00665-33-46500) which Minutes of those portions of the meet­ relates to the duty-free entry of an iden­ ments must be received by February 5, ing which are open to the public will be tical foreign article, the Department of 1974 in order to be considered in the available 30 days from the date of the Health, Education, and Welfare (HEW)

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34132 NOTICES advised that “Smooth cuts are obtained ary 24, 1972 issue of the F ederal R e g is ­ Oncology, 39th and Rainbow Boulevard, when the speed of cutting (among such ter, prescribe the requirements appli­ Kansas City, Kansas 66103. Article: Ul­ [other] factors as knife edge condition cable to comments. tram icrotom e, M odel L K B 8800A. Manu­ and angle), is adjusted to the character­ A copy of each application is on file, factu rer: L K B Produkter AB, Sweden. istics of the material being sectioned. and may be examined during ordinary Intended use of article: The article is The range of cutting speeds and a Commerce Department business hours at intended to be used to section a variety of capability for the higher cutting speeds the Special Import Programs Division, tissues used in ultrastructural studies. is, therefore, a pertinent characteristic Department of Commerce, Washington, The tissues include substances o f variable of the ultramicrotome to be used for D.C. 20230. density, including lym ph node, bone, kid­ sectioning materials that experience has Docket number:^ 74-00198-56-46070. ney, embryos, and a variety o f neoplasms shown difficult to section.” In connection Applicant: Washington University, Lin- from both humans and experimental ani­ with another prior case (Docket No. dell and Skinker, St. Louis, Missouri mals. The tissues will be sampled to de­ 70-00077-33-46500) relating to the duty­ 63130. Article: Scanning Electron Micro­ termine pathologenetic mechanisms of free entry of an identical foreign article, scope, Model HHS-2R. Manufacturer: diseased tissues. Materials such as fila­ HEW advised that “ultrathin sectioning Hitachi, Ltd., Japan, Intended use of ments, crystals, viruses and immune com­ o f a variety o f tissues having a wide range article : The article is intended to be used plexes w ill be searched fo r in neoplasms in density, hardness, etc.” requires a as a characterization tool in many areas and other organs and tissues. Application maximum range in cutting speed and, of materials research; specifically poly­ received by Commissioner o f Customs: further, that “The production of ultra- meric composite materials, biomaterials. Novem ber 7,1973. thin serial sections of specimens that In the polymeric composites area the Docket number: 74-00204-33-46500. have great variation in physical proper­ article will play a vital role in the Applicant: University of Wisconsin ties is very difficult.” The foreign article follow in g: (Madison), Madison, Wisconsin 53706. has a cutting speed range of 0.1 to 20 1. Definition of matrix requirements in Article: Ultramicrotome, Model ijc b millimeters/second (mm/sec). The most resin-based composites in order to 8800A. M anufacturer: L K B jProdukter closely comparable domestic instrument achieve the time-dependent and tough­ AB, Sweden. Intended use of article: The is the Model MT-2B ultramicrotome ness characteristics, as well as the elastic article is intended to be used to section manufactured by Ivan Servali, Inc. (Sor- properties, needed for broad utility as brain and spinal cord tissue of guinea vall). The Sorvall Model MT-2B ultra­ structural materials. pigs being fed methyl mercury, the bony microtome has a cutting speed range of 2. Determination of reliability life­ noses of tuna fish suffering from “puffy 0.09 to 3.2 mm/sec. We are advised by times of composite materials and struc­ snout” disease, the skin of sharks having HEW in its memorandum of November 9, tures in use environments and develop­ an unidentified epiderm al ulcer disease 1973 that cutting speeds in the excess of ment of NDT (non-destructive testing) and the soft tissue of calves and cattle 4 mm/sec. are pertinent to the appli­ methods for following long-term per­ being fed various mycotoxins. The ma­ cant’s research studies. form ance. terials vary in hardness from the tooth­ We therefore, find that the Model 3. Definition of performance and fail­ like epidermal structure (denticles) of MT-2B ultramicrotome is not of equiva­ ure characteristics of composite ma­ sharks skin and the bony nasal bones of lent scientific value to the foreign article terials under complex states of stress. tuna, to the very soft brain tissue. Appli­ for such purposes as this article is in­ 4. Characterization of polymer micro­ cation received by Comihissioner of Cus­ tended to be used. structure at the interface of composites toms: November 2, 1973. The Department of Commerce knows and development of methods for evaluat­ Docket number: 74-00205-99-26000. of no other instrument or apparatus of in g in terface integrity. Applicant: Communitv College of Alle­ equivalent scientific value to the foreign 5. Characterization of the transport gheny County, 711 Allegheny Building, article, for such purposes as this article and other non-structural properties of 429 Forbes Avenue, Pittsburgh, Pa. 15219. is intended to be used, which is being composite m aterials. Article: Dr. Clemenz* Teaching Aids for manufactured in the United States. 6. Development of composite systems' the Theory of Electricity. Manufacturer: utilizing more processable, thermo­ Dr. Max Clemenz, West Germany. In­ (Catalog of Federal Domestic Assistance Program No. 11.105, Importation of Duty- plastic resins as matrices. tended use of article: The article is in­ Free Educational and Scientific Materials.). 7. Characterization of the processing tended to be used fo r teaching purposes rheology properties of filled polymeric in the course entitled Electricity HI. The A. H . S tu ar t, systems. instructional objective of the course is Director, Special Import Application received by Commissioner an understanding of the theory of opera­ Programs Division. of Customs: November 2,1973. tion and familiarity with mathematical JFR Doc.73-26244 Filed 12-10-73;8:45 am] Docket number: 74-00202-33-46500. design calculations for single phase and Applicant: State University of New York, polyphase power systems, transformers, Stony Brook, N.Y. 11790. Article: Ultra­ magnetic concepts, motors and gener­ WASHINGTON UNIVERSITY ET AL. microtome, M odel L K B 8800A. M anufac­ ators of several types. Application re­ Notice of Applications for Duty-Free Entry turer: LKB Produkter AB, Sweden. In­ ceived by Commissioner o f Customs: of Scientific Articles tended use of article: The article is in­ November 2, 1973. Docket number: 74-00206-33-46500. The following are notices of„ the re­ tended to be used to section a variety of Applicant: Uriiversity of Pennsylvania, ceipt of applications for duty-free entry pathological specimens from many in­ of scientific articles pursuant to section jured tissues and organs. Investigations Departm ent o f Neurology, 3400 Spruce 6(c) of the Educational, Scientific, and will be conducted on the overall structure Street, Philadelphia, Pa. 19104. Article: Cultural Materials Importation Act of and detailed structure of plasma mem­ Ultramicrotome, Model LKB 8800A. M anufacturer: L K B Produkter AB, 1966 (Pub. L. 89-651; 80 Stat. 897). In­ branes, internal membranes, myofila­ Sweden. Intended use of article: The terested persons may present their views ments, basal lamina and nuclei. A num­ with respect to the question of whether ber of different experiments, in which article is intended to be used fo r studies o f biological, m ainly mammalian tissues an instrument or apparatus of equivalent ultrastructural lesions in plasma mem­ scientific value for the purposes for branes will be created and the detailed derived from humans that exhibit both which the article is intended to be used changes occurring in the damaged mem­ normal and pathologic structure. The ex­ is being manufactured in the United brane and in the remainder of the cell periments to be conducted include exper­ States. Such comments must be filed in assessed will be performed. Studies of iments on the development of muscle in triplicate with the Director, Special Im­ changes in nucleus and cytoplasm after animals and the study o f muscular dys­ port Programs Division, Office of Import exposure to carcinogens will also be con­ trophy, glycogen storage disease and Programs, Washington, D.C. 20230, on or ducted. Application received by Commis­ mitochondrial disorders in humans. Ap­ sioner of Customs: November 7,1973. plication received by Commissioner of before December 31, 1973. Docket number: 74-00203-33-46500. Customs: November 6, 1973. Amended regulations issued under Applicant: University of Kansas Medical Docket number: 74-00207-00-11000. cited Act, as published in the Febru­ Center, Department of Pathology and Applicant: Indiana University-Purdue

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 NOTICES 34133

University at Indianapolis, School of tion of authority to carry out the Secre­ 770) and implementing directives of the Medicine, 1219 West Michigan Street, tary’s responsibilities under the Federal Office of Management and Budget and Indianapolis, Indiana 46202. A rticle: Advisory Committee Act (P.L. 92-463), a the Department of Justice. LKB-9042-S Direct Probe Inlet System planning and evaluation function, new .03 Subject to applicable laws and reg­ for Combination Gas Chromatograph- physical protection responsibilities, and ulations, the Assistant Secretary for Ad­ Mass Spectrometer. Manufacturer: LKB an appended listing of the Departmental ministration may redelegate his author­ Produkter AB, Sweden. Intended use of offices which report to the Assistant ity to any officer or employee of the article: The article is intended to be Secretary. Department subject to such conditions used to introduce into a small spectrom­ S ec. 2 .. Administrative designation. in the exercise o f the authority as he may eter organic and biologic compounds The position of Assistant Secretary of prescribe; however, his authority to des­ which are of low volatility and/or high Commerce established by section 304 of ignate Deputy Contracts Compliance molecular weight and which cannot be Pub. L. 83-471 o f July 2, 1954 (68 Stat. Officers and Equal Employment Oppor­ analyzed by combined gas chromatog­ 430; 15 U.S.C. 1506) shall continue to be tunity Officers may not be redelegated. raphy-mass spectrometry. These ma­ designated as the Assistant Secretary for S e c . 4. Office of Assistant Secretary for terials would include antibiotics, drug Administration. The Assistant Secretary Administration. .01 The Office of the metabolites, such as glucuronides, un- is appointed by the President by and with Assistant Secretary shall consist of: a. derivatized steroids, and others. Students the advice and consent of the Sènate. The Deputy Assistant Secretary for Ad­ in Medical Genetics 240, Pediatrics 547, S ec. 3. Scope of authority. .01 Pursu­ ministration, who shall be the principal and Biochemistry B-842 w ill use the arti­ ant to the authority vested in the Secre­ Assistant of the Assistant Secretary and cle for metabolic and genetic screening or tary of Commerce by law, and subject shall perform the functions of the Assist­ for the solving of biochemical problems. to such policies and directives as the ant Secretary during the latter’s absence. The article w ill also be used by graduate Secretary may prescribe, the Assistant b. A Deputy to the Assistant Secretary students seeking the Ph.D. degree and Secretary is hereby delegated the au­ who shall perform such functions as the by Research Fellows in the various clin­ thority of the Secretary on administra­ Assistant Secretary may assign. ical departments. The students and fe l­ tive management matters of the Depart­ c. The Special Assistant for Civil lows will be shown the proper use of the ment. This delegation shall include the Rights. apparatus and w ill be allowed to use it conduct of all administrative manage­ d. Such Departmental Offices as the for their research purposes. Application ment functions required in the overall Assistant Secretary may establish for the received by Commissioner of Customs: management of the Department as well purpose of assisting him in carrying out November 6, 1973. as the provision of administrative qftan- his administrative management func­ i Docket number: 74-00208-99-07500. agement services directly to the Office of tions. A list of these Departmental Of­ Applicant: State University College at the Secretary and, as herein specified, to fices shall be maintained current by the Brockport, Brockport, New York 14420. all or some operating units of the De­ Assistant Secretary in an appendix to Article: LKB 8700 Precision Calorimeter partm ent. this order. System fo r Reaction and Solution Calo­ .02 The authority delegated to the .02 The Appeals Board is assigned to rimetry. Manufacturer: LKB Produkter Assistant Secretary in paragraph .01 the Office of the Assistant Secretary for AB, Sweden. Intended use o f a rticle: Th e above shall include: administrative purposes only. article is intended to be used in chem­ a. Serving as “agency head” with re­ Sec. 5. Duties and responsibilities. .01 istry courses to familiarize students with spect to the authorities in chapter 4, title The Assistant Secretary shall serve as modern precision calorim etry as applied 41 of the U.S. Code, which deal with pur­ the principal adviser to the Secretary to physio-chemical measurements, in­ chases and contracts for property or and as the chief officer of the Depart­ strumental analysis, inorganic thermo­ services, and other authorities of the ment on administrative management. As chemistry, biochemical studies and re­ Secretary relating to procurement. such, he shall be concerned with: search techniques in therm ochem istry b. Carrying out the Secretary’s re­ a. Personnel programming and man­ for the study of the energetics of organic sponsibilities for fulfilling the objectives agement, including labor-management reactions in their mechanisms. Applica­ and effecting compliance throughout the relations, employee occupational health, tion received by Commissioner of Cus­ Department with the requirements of and the direction, administration, and toms: November 2, 1973. Title VI of the Civil Rights Act of 1964, processing of all personnel matters. the Equal Employment Opportunity law b. The improvement of management (Catalog erf Federal Domestic Assistance Pro­ o f 1972, Executive Orders 11141, 11246, structures, systems, tools and practices gram No. 11.105, Importation of Duty-Free 11247, 11375, and 11478, and any other towards achieving the highest practical Educational and Scientific Materials.) statutes, Executive Orders and regula­ degree of effectiveness, efficiency and A. H . S tu ar t, tory provisions relating to equal oppor­ economy in programs of the Department. Director, Special Import tunity under which the Secretary or the c. The planning, budgeting and man­ Programs Division. Department may have responsibilities. agement of financial resources so as to fFR Doc.26245 Filed 12-10-73;8:45 am] For purposes of carrying out these re­ assure optimum utilization of funds in sponsibilities and as required by the ap­ carrying out programs of the Depart­ plicable Executive Orders or implement­ ment. Office of the Secretary ing regulations of the Secretary of Labor d. The interpretation of Presidential (Dept. Organization order 10-5] or the Civil Service Commission, the As­ directives in matters of program plan­ sistant Secretary is designated as the ning, management control, and opera­ ASSISTANT SECRETARY FOR Contracts Compliance Officer and the Di­ tional evaluation; and the initiation of ADMINISTRATION rector of Equal Employment Opportunity appropriate actions (including studies) Authority and Duties for the Department and is authorized to relevant thereto. (1) upon recommendations of the heads This order effective November 23,1973. e. The policy, planning, and manage­ of operating units, and with the approval ment of automatic data processing supersedes the m aterial appearing at 34 of tiae respective Program Secretarial (ADP). and associated telecommunica­ PR 19827 o f December 18, 1969, and 37 Officers involved, designate Deputy Con­ PR 8006 of A p ril 22, 1972. tions resources to assure their optimum tracts Compliance and Equal Employ­ utilization in carrying out Commerce Se c tio n 1. Purpose. .01 This order ment Opportunity Officers for the oper­ prescribes the scope of authority and the programs. ating units; and (2) designate Deputy f. The efficient provision of common duties and responsibilities o f the Assist­ administrative and related support serv­ ant Secretary for Administration

FEDERAI REGISTER, V O I. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34134 NOTICES

g. The audit of operations and con­ ernment Printing Office on all applicable priate on security matters, and carry out tracts or other agreements of the De­ matters of administrative management, physical protection assignments as de­ partment to determine deficiencies that provide central liaison for the Depart­ scribed herein. To implement these re­ may exist, to recommend corrective ac­ ment with the Appropriations Commit­ sponsibilities, the Office shall perform tion, to uncover opportunities for in­ tees of the Congress, coordinate admin­ the functions enumerated in paragraphs creased efficiency and economy, and to istrative management m atters w ith other .01 through .07 of this section. establish a basis for settling contracts departments and agencies, and otherwise .01 Investigations. The Office shall: and claims. represent the Department on such mat­ a. l. As requested, conduct investiga­ h. The achievement by the Depart­ ters with public or private groups. tions o f job applicants and employees ment of a high state of planning and Sec! 6. Savings Provision. Department regarding personnel security (in accord­ readiness for responding to national organization orders and Department ance with E.O. 10450 and Federal Per­ emergencies and major disasters. administrative orders which are incon­ sonnel Manual, Chapter 736), and per­ i. The conduct of investigations, secu­ sistent or in conflict with this order are sonnel suitability (in accordance with rity matters and physical protection as­ hereby constructively amended or super­ orders and regulations of the Depart­ signments as permitted by law (and as seded accordingly. ment and of the U.S. Civil Service Com­ set forth in Department Organization Effective :■ November 23,1973. mission) ; and Order 20-6) in order to carry out or sup­ 2. As requested by appropriate author­ port Departm ent programs. H e n r y B . T u r n e r , ity, and perm itted by law and policy, j. The provision of printing (includ­ Assistant Secretary conduct investigations of violations of ing micropublishing), design, graphics, for Administration. the United States Code, including (a) editorial and related promotional, dis­ [FR Doc.73-26175 FUed 12-10-73;8:45 am] misconduct by Departm ent personnel, tribution and publishing control services and (b) criminal violations of the Code as will contribute to the effectiveness of by or against persons under the jurisdic­ the Department’s publications and other [Dept. Organization Order 20-6] tion, orders, or regulations of the De­ printed materials^ with due regard for OFFICE OF INVESTIGATIONS AND partm ent. reasonable costs. SECURITY b. As requested by appropriate author­ k. The conduct of activities to assure ity, conduct investigations of : nondiscrimination in Federally-assisted Functions and Organization 1. Administrative and civil matters as programs and by contractors and sub­ This order effective Novem ber 26,1973, perm itted by law ; contractors of the Department; and the supersedes the material appearing at 32 2. Complaints o f discrim ination under conduct of activities, including investi­ F R 10383 o f July 14,1967. E.O. 11478 and the Equal Employment gations, to assure equal opportunity in S e c t io n 1. Purpose. .01 This order Opportunity Act of 1972 with imple­ employment within the Department. prescribes the functions and organiza­ menting regulations; and .02 In carrying out the above respon­ tion of the Office of Investigations and 3. Th e perform ance o f contractors or sibilities, the Assistant Secretary shall: Sëcurity. grantees, including alleged violations of a. Develop and issue policies, stand­ .02 This revision provides for new law or improprieties by such parties, and ards and procedures for administrative responsibilities in connection with phys­ conduct inspections relating to the con­ management functions throughout the ical protection assignments, the investi­ duct and performance of Department Department, and provide functional ap­ gatory function, and the implementation personnel dealing with such parties. praisal and supervision in the conduct of of: (a) E.O. 11652 of March 8, 1972, (b) .02 Personnel security. The Office such functions by operating units. a related National Security Council Di­ shall: b. Directly provide the administrative rective of May 17, 1972, and (c) E.O. a. Develop and recommend policies management services required by the 11714 o f A p ril 24,1973. and procedures for personnel security Office of the Secretary and, as deter­ S e c . 2. Status and line of authority. matters within the Department. mined by the Secretary or by agreement .01 H ie Office of Investigations and Se­ b. Develop and supervise programs for (between the Assistant Secretary and the curity (O IS ), a Departmental office, shall the training and indoctrination of em­ Secretarial Officer concerned) directly be headed by a Director who shall report ployees in personnel security and the provide particular administrative man­ and be responsible to the Assistant Sec­ maintenance of security discipline. agement services to specified operating retary for Administration. The Director c. Receive all reports of investigation units of the Department or to other shall be assisted by a Deputy Director of Department employees and job ap­ organizations. who shall perform the functions of the plicants, and—as appropriate—channel c. Conduct a centralized audit func­ Director during the latter’s absence, and the information to the responsible oper­ tion that shall extend to the activities of exercise day-to-day supervision over the ating unit official for suitability deter­ all organizations of the Department, with documentary security functions and mination. such special exceptions as the Assistant physical security functions of the Office, d. Receive and process from the vari­ Secretary may determine. as set forth in section 3 of this order. ous operating units all requests for se­ d. Conduct a centralized procurement .02 The Director, OIS, may redele­ curity clearances concerning prospective function that shall serve the Office of the gate his authority to appropriate person­ employees to be assigned to positions Secretary and, as determined by the As­ nel of OIS and to operating units of the that require access to classified infor­ sistant Secretary, various operating Department subject to such conditions mation, material or restricted areas, and units. as he m ay prescribe. review and determine the security status e. Provide central publications, print­ S e c . 3. Functions. Pursuant to the au­ of personnel cases which involve the ap­ ing, and related services for organiza­ thority vested in the Assistant Secretary praisal of derogatory information in tions of the Department, except as the for Administration by Department Or­ connection with the issuance of certifi­ Secretary may authorize particular or­ ganization Order 10-5 and subject to cates of personnel security clearance, the ganizations to provide some such services, such policies and directives as the Assist­ imposition of security restrictions on in­ as specified, for themselves. ant Secretary may prescribe, the Office dividual employees, and other decisions f. Take appropriate action, in accord­ shall conduct investigations in accord­ affecting personnel security considera­ ance with law and pertinent Department ance with the provisions of this order, tions. - orders, with respect to claims and claim serve as the focal point for personnel e. Take action, as appropriate, to with­ procedures involving the Department. security matters within the Department, hold or to withdraw security clearance .03 The Assistant Secretary shall be of a job applicant or employee, and to responsible for coordination and liaison establish policies and procedures for doc­ recommend action under the provisions with the Office of Management and umentary security and physical security o f 5 U.S.C. 7531-32 and E.O. 10450, as Budget, the Civil Service Commission, the throughout the Department, advise the amended. General Services Administration, the Assistant Secretary on all security mat­ .03 Documentary security. The Office General Accounting Office, and the Gov­ ters, represent the Department as appro­ shall:

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 NOTICES 34135

a. Establish appropriate security poli­ of Commerce, under the provisions of gram also is subject to applicable provi­ cies, procedures, and minimum require­ section 7(B )(2), E.O. 11652, “to ensure sions of Subchapter A of this chapter (45 ments fo r the Departm ent’s safeguarding effective compliance with and implemen­ CFR P a rt 100a, 38 F R 30654-30662, of classified documents, information, and tation of Executive Order 11652 of November 6, 1973). materials in accordance with E .0 .11652. March 8,1972.” Concurrently, the Secre­ Applications will be mailed to all eli­ b. Develop and supervise programs for tary established the Department of Com­ gible local educational agencies by the the training and indoctrination of per­ merce National Security Classification appropriate regional offices of the Office sonnel in documentary security. and Review Committee and appointed of Education. In order to be assured of .04 Physical security. The Office sh all: the Director, OIS, as the chairman consideration, applications for continu­ a. Develop and prescribe, in accord­ thereof. ation projects must be received by the ance with E.O. 11652, necessary meas­ S e c . 5. Savings provision. Nothing in respective regional offices on or before ures for the protection of classified and this order shall have the effect of or be January 15, 1974. restricted areas, and for the control of construed as an exception to the re­ An application sent by mail will be access to such areas. sponsibility and authority of the De­ considered to be received on time by the b. In conjunction with GSA’s Federal partment’s General Counsel under DOD appropriate Regional Offices if: Protective Service and in accordance 10-6 for policy and operating guidance (1) The application was sent by reg­ with GSA regulations,, establish and en­ on legal matters. With respect to such istered or certified mail not later than force policies and procedures for con­ matters the Director, OIS, shall consult the fifth calendar day prior to the closing trolling access of visitors to unclassified the General Counsel or his designee. date (or if such fifth calendar day is a Saturday, Sunday, or Federal holiday, areas, including access by employees dur­ Effective: November 26, 1973. ing periods of civil disturbance or not later than the next following busi­ emergency. H e n r y B. T u r n e r , ness day), as evidenced by the U.S. Postal .05 Advice and representation. The Assistant Secretary Service postmark on the wrapper or en­ Office shall: » ' for Administration. velope, or on the original receipt from a. Serve as the principal source of ad­ [FR Doc.73-26176 Filed 12-10-73:8:45 am] the U.S. Postal Service; or vice within the Department to the As­ (2) The application is received on or before the closing date by the appropri­ sistant Secretary for Administration and DEPARTMENT OF HEALTH, all Departmental officials and operating ate U.S. Office of Education Regional unit heads with respgct to security mat­ EDUCATION, AND WELFARE Office mail rooms. (In establishing the ters. Office of Education date of receipt, the Commissioner will rely on the time-date stamp of such mail b. Serve as the Department’s point of DROPOUT PREVENTION PROGRAM liaison with all agencies o f Federal, State, rooms or other documentary evidence of and local governments in all security Closing Date for Receipt of Applications receipt maintained by the Department of Health, Education, and Welfare, or the matters, including administrative or Pursuant to the authority contained in criminal investigations, and physical U.S. Office of Education Regional Of­ title V III, section 807, of the Elementary fices.) protection. and Secondary Education Act as c. Represent the Department, as re­ amended by title I of the Education (20 U.S.C. 887) quired, on all interagency committees Amendments o f 1970, Pub. L. 91-230, 20 (Catalog of Federal Domestic Assistance Pro­ dealing with security. U.S.C. 887, notice is hereby given that gram No. 13.410, Dropout Prevention) .06 Physical protection assignments. the U.S. Commissioner of Education has Dated: December 3, 1973. The Office shall, at the request of the As­ established a closing date for receipt of sistant Secretary for Administration or applications for grants for continuation J o h n O t t in a , other appropriate authority, provide projects under the Dropout Prevention U.S. Commissioner of Education. physical protection for the Secretary of Program. Applications for new projects [FR Doc.73-26218 Filed 12-10-73:8:45 am] Commerce, visiting foreign officials and will not be accepted. official guests, and Department func­ The Dropout Prevention Program is tions. This may involve assignment of designed to provide a program of finan­ DEPARTMENT OF Office personnel as Special Deputy U.S. cial assistance to local educational agen­ TRANSPORTATION Marshals under the provisions of 18 cies to carry out, in schools with a high Coast Guard U.S.C. 3053, and the use of firearms and percentage of. students who are from arrest powers. (See section 4 of this families with an income which does not [CGD 73-273] order.) exceed a low-income factor and who do ENVIRONMENTAL IMPACT STATEMENTS .07 General security. The Office sh all: not complete their education in elemen­ Procedures for Consideration a. Serve as the focal point within the tary or secondary school, innovative Department for the receipt, review, and demonstration projects which show Pursuant to guidelines of the Council processing of all security matters which promise of reducing the number of such on Environmental Quality (CEQ) ap­ require Departmental action, including students. A notice of proposed rulemak­ pearing as 40 CFR Part 1500-, published all matters involving the implementa­ ing governing this program has been in the F ederal R egister o f August 1,1973 tion of E.O .'11652, the related National published in the F ederal R egister at 38 (38 F R 20549) , the Coast Guard here­ Security Council Directive of May 17, F R 21788, August 13, 1973. These regula­ with publishes the proposed procedures 1972, and E.O. 11714. tions will become effective January 10, for consideration of environmental im­ b. Devise and carry out periodic tests 1974 in fin al form . pacts required by section 102(2) (C) of of the adequacy of security within the In reviewing applications for continu­ the National Environmental Policy Act of Department. ation projects to be awarded in Fiscal 1969 (NEPA) (January 1, 1970, Pub. L. S ec. 4. Specified authority. .01 In ad­ Year 1974, the Commissioner will take 91-190, 102(2) (C ), 83 Stat. 853: 42 dition to the authority implicit in and into account the extent to which the U.S.C.). essential to carrying out the functions project has been effective in attaining The proposed procedures are in the assigned the Office and related to the the objectives which it originally set out form of an internal directive, Comman­ exercise of such functions, the Director, to fulfill; and whether there is a continu­ OIS, and certain members of the OIS dant Instruction 5922.10 seriëâ;'Proce­ ing need for the project in light of the dures for Considering Environmental staff, under a special deputation from the availability and quality of other existing United States Marshal, have been au­ services in the areas served by the Impacts, replacing Commandant In­ thorized to carry firearms and make ar­ . applicant. struction 5922.10A dated 13 October 1971. rests in carrying out physical protection Awards under this program will be In addition to NEPA, which has ap­ assignments pursuant to paragraph .06, plicability to all agencies of the Federal section 3, of this order. subject to the provisions.in the governing .02 Also, the Director, OIS, has been legislation as well as the provisions in 45 Government, other laws require that the specifically designated by the Secretary CFR Part 124. Assistance under this pro­ Coast Guard consider environmental and

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 No. 237—Pt. I ---- 6 34136 NOTICES other effects of various actions taken by dant Instruction 5922.10, Procedures for (iii) alternatives to the proposed action, the Coast Guard. These laws are: Considering Environmental Impacts, as (iv) the relationship between local dhort- 1. Section 4(f) of the Department of set forth below. term uses of man’s environment and the maintenance and enhancement of long-term Transportation Act (49 U.S.C. 1653(f)) Before taking final action to issue the productivity, and and 23 U.S.C. 138, requiring protection proposed procedures the Coast Guard (v) any irreversible and irretrievable com­ of publicly-owned land from a public will consider the timely comments of all mitments of resources which would be in­ park, recreation area, or wildlife and interested parties. Comments should volved in the proposed action should It be waterfowl refuge of National, State, or identify the docket or notice nuniber (see implemented. local significance. above) and be submitted in writing to “Prior to making any detailed statement, the 2. Section 209 of the Clean Air Act the Chief, Office of Marine Environment responsible Federal official shall consult with (42 U.S.C. 1857h-7), providing for review and Systems, U.S. Coast Guard, Wash­ and obtain the comments of any Federal and comment by the Administrator of ington, D.C. 20590. Comments received agency which has jurisdiction by law or spe­ the Environmental Protection Agency on on or before January 24, 1974, will be cial- expertise with respect to any environ­ matters under his jurisdiction affected by considered before final actions is taken. mental impact involved. Copies of such certain categories of actions proposed by All docketed comments will be available statement and the comments and views of for public inspection and copying, both the appropriate Federal, State, and local other Federal agencies. agencies, which are authorized to develop 3. Section 106 of the National Historic before and after the closing date for aiid enforce environmental standards, shall Preservation Act of 1966 (16 U.S.C. 470f), comments, in the Marine Environmental be made available to the - President, the requiring consideration of the effect of Protection Division, Room 7311, Nassif Council on Environmental Quality, and the the proposed action on any building, etc., Building, 400 Seventh Street, SW, Wash­ public as provided by section 552 of title 5, included in the National Register and ington, D.C., between 7:30 a.m. and 4:00 United States Code, and shall accompany reasonable opportunity for the Advisory p.m. local time, Monday through Friday, the proposal through the existing agency Council on Historic Preservation to com­ except Federal holidays. review processes.” ment on such action. c. Section 102(2) (c) of the NEP Act pro­ Issued in Washington, D.C., on Decem­ vides that all agencies of the Federal Gov­ 4. Executive Order 11593 (36 FR 8921), ber 6, 1973. requiring that Federal plans and pro­ ernment “utilize a systematic, interdisci­ W . M. B e n k e r t , plinary approach which will insure the inte­ grams contribute to the preservation and Rear Admiral, U.S. Coast Guard enchancement of sites, etc., of historical, grated use of the natural and social sciences Chief, Office of Marine En­ and the environmental design arts in plan­ architectural, and archaeological signif­ vironment and Systems. ning and decision making which may have icance. an impact on man’s environment.” 5. Executive Order 11296 (31 FR P roposed Co m m a n d a n t I n s t r u c t io n 5922 d. Executive Order 11514, dated March 5, 10663), requiring agency evaluation of PROCEDURES FOR CONSIDERING ENVIRONMENTAL 1970, orders all Federal agencies to initiate flood hazards in planning of facilities, IMPACTS procedures needed to direct their policies, disposal of lands and properties, and land plans, and programs so as to meet national 1. Purpose. This instruction- provides use planning. environmental goals. guidelines for the preparation and handling e. Guidelines from the President’s Council 6. Section 303 of the Coastal Zone of detailed environmental impact statements on Environmental Quality, published in 38 Management Act of 1972 (16 U.S.C. on proposals for legislation and other actions FR 20549, 40 CFR 1500 et seq., 1 August 1973, 1452), . stating National policy of pres­ significantly affecting the quality of the provide guidance to agencies for preparation ervation, protection, development, and human environment, as required by section of environmental impact statements. where possible, restoration or enhance­ 102(2) (c) of the National Environmental f. Section 4(f) of the DOT Act directs ment of the resources of the Nation’s Policy Act (Public Law 91-190). Significant that “the Secretary shall not approve any environmental effects may be beneficial as program or project which requires the use coastal zone. well as detrimental. 7. Section 307 of the Coastal Zone of any publicly owned land from a public 2. Cancellation. Commandant Instruction park, recreation area, or wildlife and water- Management Act of 1972 (16 U.S.C. 5922.10A of 13 October 1971 is canceled. fowl refuge of national, State, or local sig­ 1456), requiring that all Federal actions 3. Background and authority, a. The Na­ nificance as determined by the Federal, be consistent with State coastal zone tional Environmental Policy Act (NEP Act) State, or local officials having jurisdiction management programs. establishes a broad national policy to pro­ thereof, or any land from a historic site of 8. Section 2 o f the W ater Bank A ct (16 mote efforts to improve the relationship national, State, or local significance as so U.S.C. 1301), declaring that it is in the between man and his environment, and pro­ determined by such officials unless (1) there vides for the creation of the Council on is no feasible and prudent alternative to the public interest to preserve, restore, and Environmental Quality (CEQ). The NEP improve the wetlands of the Nation. use of such land, and (2) such program in­ Act sets out certain policies and goals con­ cludes all possible planning to minimize 9. Section 2 of the Fish and Wildlife cerning the environment, and requires that, harm to such park, recreational area, wild­ Coordination Act, as amended (16 U.S.C. to the fullest extent possible, the policies, life and waterfowl refuge, or historic site 662), requiring that any agency propos­ regulations, and public laws to the U.S. shall resulting from such use. ing to control or modify the waters of be interpreted and administered in ac­ g. Section 309 of the Clean Air Act provides any stream or other body of water first cordance with those policies and goals. for the Administrator of the Environmental consult with the Fish and W ildlife Serv­ Additionally, the NEP Act provides that en­ Protection Agency to review and comment on ice, Department of the Interior, and with vironmental consideration shall be given ap­ matters relating to duties and responsibili­ propriate weight in the decision making ties granted pursuant to this Act or other the head of the agency administering the process, along with economic and technical provisions of the authority of the Adminis­ wildlife resources of the State wherein considerations. trator, contained in any (1) legislation pro­ the facility is to be constructed; and the b. Section 102(2) (c) of the NEP Act isposed by any Federal.department or agency, reports and recommendations of the Sec­ designed to ensure that environmental con­ (2) néwly authorized Federal projects for retary of the Interior and other perti­ siderations are given careful attention and construction and any major Federal agency nent officials be included in the report appropriate weight in all decisions of the action (other than a project for construc­ submitted by the agency proposing the Federal Government. This section requires tion) to which section 102(2) (C ) of Pub. L. that all agencies of the Federal Government 91—190 applies, and (3) proposed regulations action to the agency whose approval of shall : such action must be had. published by any department or agency of “include in every recommendation or report the Federal government. The procedures set forth in this pro­ h. Section 106 of the Historic Preservation posed Commandant Instruction utilize on proposals for legislation and other major Federal actions significantly affecting the Act requires that prior to approval of Fed­ the environmental impact statement, in quality of the human environment, a de­ eral activities, departments shall take into those instances required by NEPA, as the tailed statement by the responsible official account the effect of the undertaking on any district, site, building, structure, or object vehicle by which the Coast Guard makes on— the findings, determinations, and clear­ that is included in the National Register, (i) the environmental impact of the pro­ and give the Advisory Council on Historic ances required by the laws enumerated posed action, Preservation a reasonable opportunity to above. (ii) any adverse environmental effects comment with regard to such undertaking. In consideration of the foregoing, the which cannot be avoided should the pro­ i. Executive Order 11593 requires that Fed­ Coast Guard proposses to issue Comman­ posal be implemented, eral plans and program contribute to the

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 NOTICES 34137 preservation and enhancement of site, struc­ 7. Preparation and processing of environ­ (f ) Any irreversible and irretrievable com­ tures, and objects of historical, architectural, mental impact statements. The initial assess­ mitments of resources that would be in­ or archaeological significance. ment of environmental impacts of proposed volved in the proposed action should it be j. Executive Order 11296 provides for activities should be undertaken concurrently implemented. The survey of unavoidable agency evaluation of flood hazards in plan­ with initial technical and economic studies. impacts should be used to identify the ex­ ning of facilities, construction of buildings An environmental assessment is a prelimi­ tent to which the irreversible action curtails and facilities, disposal of lands and proper­ nary environmental study which should be the range of potential uses of the environ­ ties, and land use planning. • used to determine if the proposed action will ment. k. Section 303 of the Coastal Zone Manage­ significantly affect the environment. If the (g) A discussion of coordination with other ment Act of 1972 states that “ * * * it is the assessment indicates a potential that the en­ Federal, State, and local entities in the prep­ national policy (a ) to preserve, protect, de­ vironment may be significantly affected, an aration of the statement, and, where appro­ velop, and where possible, to restore or environmental impact statement in accord­ priate, a discussion of problems and objec­ enhance, the resources of the Nation’s coastal ance with the NEP Act should be prepared. tions raised in the review process and the zone * * additionally, section 307 requires Enclosure (5) contains instructions for pre­ disposition of the issues involved. all Federal actions to be consistent with paring an environmental assessment and en­ b. Citizens involvement: Citizen involve­ State coastal zone management programs. closure (3) sets forth instructions for prep­ ment in environmental matters at each per­ l. Section 1301 of the Water Bank Act de­ aration and processing of the environmental tinent stage of the development of the pro­ clares that “* * * it is in the public interest impact statement. posed action is encouraged. Formal and in­ to preserve, restore, and improve the wet­ 8. Action. Although specific action assign­ formal citizen input should be sought as lands of the Nation * * ments are listed in this paragraph, the en­ early as possible. Attempts to solicit the m. Section 662 of the Fish and Wildlife tire expertise and experience of the Coast views of the public through hearings, per­ Coordination Act requires that whenever the Guard should be utilized 1xx assure a sys­ sonal contact, press releases, maintaining waters of any stream or other body of water tematic and interdisciplinary approach in mailing lists of interested parties, and other are proposed or authorized to be * * * con­ implementing the NEP Act. methods should be utilized. See enclosure trolled or modified for any purposes what­ a. General internal controls shall be estab­(3 ). ever * * * by any department or agency of lished by all responsible officers to assure c. The Chief, Marine Environmental Pro­ the United States, or by any public or pri­ that'all proposals originating in their areas tection Division (G-W EP) shall: vate agency under Federal permit or license, of responsibility which have the potential (1) Coordinate with other divisions and such department or agency shall first consult that the environment may be affected are: offices within the Coast Guard all significant with the United States Fish and Wildlife (1) Identified at the earliest stage in the environmental related matters in order that Service, Department of Interior, and with planning process. an effective point of contact and sources of the head of the agency exercising adminis­ (2) Analyzed in an environmental assess­ information will exist to respond to en­ tration over the wildlife resources of the ment in accordance with enclosure (5) which vironmental matters either internally or particular State wherein the * * * facility is spells out: externally. to be constructed. * * * ’* In addition, it is (a) The existing environment without the (2) Coordinate and establish liaison with required that the reports and recommenda­ proposed project, Federal and Federal State agencies for the tions of the Secretary of Interior and any (b ) The action to be taken, and purpose of receiving comments on Coast other applicable officials be included in the (c) The probable positive and negative Guard draft environmental impact state­ report prepared or submitted by the agency effect of the proposed project cm the environ­ ments. proposing the action to the agency in whose ment. (3) Transmit draft environmental impact jurisdiction approval or disapproval of such (3) Determined through the above en­ statements and copies of all comments made action falls. vironmental assessment if the proposed ac­ thereon to CEQ (ten copies), Office of the 4. Point of contact. The point of contact tion could significantly affect the quality of Secretary for Environment, Safety and Con­ for coordination of Coast Guard environ­ the human environment in which case a de­ sumer Affairs (TES) (two copies), Environ­ mental matters is the Marine Environmental tailed statement will be prepared in accord­ mental Protection Agency (EPA) (five Protection Division (C -W E P ). ance with enclosure (3) which includes: copies). 5. Applicability, a. The requirements in (a) A description of the proposed action (4) Coordinate the review of Coast Guard this Instruction calling for either a negative and of the environment affected, including draft environmental impact statements with declaration or a statement pursuant to sec­ information, summary technical data, and all Federal and Federal State agencies tion 102(2) (C) of the NEP Act apply to, but maps and diagrams when relevant, adequate concerned. are not limited to, the following, except as to permit an assessment of potential en­ (5) Maintain and transmit to CEQ and noted below : all grants, loans, contracts, pur­ vironmental impact by the decision-maker TES quarterly a current list of all adminis­ chases, leases, construction, research activi­ as well as the commenting agencies and the trative actions for which environmental ties that have reached a stage of investment public. statements are being prepared. This list or commitment to implementation likely to (b) The probable impact of the proposed shall be made available for public inspec­ determine subsequent development or re­ action on the environment balancing en­ tion on request. V strict later alternatives, rulemaking 'and reg­ vironmental consideration with economic (6) Transmit final environmental Impact ulatory actions, certifications, licensing, per­ and technical consideration. statements to TES for further transmission mits, plans (both internal Coast Guard plans (c) Alternatives to the proposed action, to the CEQ. and external plans), formal approvals (e.g., including, where relevant, those not within (7) Coordinate those comments and/or of non-Federal work plans), legislative pro­ our existing authority. A vigorous explora­ reviews of non-Coast Guard environmental posals where the Coast Guard has primary tion and objective evaluation of the en­ impact statements made by the various Of­ responsibility for the subject matter in­ vironmental impacts of all reasonable alter­ fices within the Coast Guard. volved, directives, program proposals, and native actions, particularly those that might (8) Provide procedural support in the any renewals or reapprovals of the foregoing. avoid some or all of the adverse alternatives preparation and review of environmental im­ Exceptions to the foregoing are : which, though not within the authority of pact statements. (1) Administrative procurements (e.g.,the Coast Guard to adopt, are reasonable (9) Maintain file copies of all environ­ general supplies) and contracts for person- courses of action. Sufficeint analysis of such mental impact statements prepared by the nal services; alternatives and their environmental costs Coast Guard. (2) Normal personnel actions (e.g., pro­ and impact on the environment should ac­ (10) Maintain mailing lists of parties in­ motions, hirings) ; company the proposed action through the terested in Coast Guard environmental im­ (3) Project amendments (e.g., increases in review process in order not to foreclose pre­ pact statements in accordance with enclosure costs) which do not alter the environmental maturely options which might have less de­ (3 ). impact of the action; trimental effects. d. The Chief, Office of Marine Environment (4) Legislative proposals not originating (d ) Any probable adverse environmental and Systems (G -W ) shall: in DOT and relating to matters not the pri­ effects which cannot be avoided should the (1) As Department of Transportation mary responsibility of the Coast Guard. proposal be adopted. A clear statement of (D O T) Coordinator for Water Resources, co­ (5) Reports to Congress setting forth pol­ how any adverse effect discussed in para­ ordinate within DOT those comments and/ icy recommendations to be followed by legis­ graph (b) will be mitigated to prevent ap­ or reviews of environmental impact state­ lation proposals. parent unavoidable consequences. ments pertaining to water resource projects b- A general class of actions may be covered (e) The relationship between local short­ made by the various agencies within DOT by a single statement when the environ­ term uses of man’s environment and the (including Coast G u a rd ). maintenance and enhancement of long-term (2) Provide technical support in the prep­ mental impacts (and alternatives thereto) of productivity. Short-term and long-term do aration and review of environmental im­ all such actions are substantially similar. not refer to any fixed time periods, but pact statements. 6. Definitions and guidelines. Enclosure (1)should be viewed in terms of the environ­ e. The Program Division (G-CPA) shall: sets forth more specific definitions of terms mentally significant consequences of the (1) Insure that the Planning and Pro­ fised in this instruction. proposed action. gramming Manual (CG-411) is revised as

FEDERAL REGISTER. VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34138 NOTICES necessary to reflect the provisions outlined (3) AC&I Project Proposals Report ( Form statements prepared in accordance with sec­ in this Instruction. CG—2018 Series ( RCS CPA 1001). Applicable tion 102(2) (C ) of the NEP Act. (2) Provide further review of budgetingprojects that effect the environment require j. Retroactive implementation for internal actions of the type described herein to assure an environmental impact statement or a Coast Guard programs. compliance by program managers. negative declaration in accordance with en­ (1) General. We have an obligation to re­ f. The Chief Counsel (G -L) shall: closure (3) and (4). The completed ap­ assess ongoing projects and programs in order (1) Review Coast Guard project proposals proved, environmental impact statement or to avoid or minimize adverse environmental and proposed actions and rulings affecting negative declaration shall be submitted with effects. This instruction shall apply to further the public to assure that they are legally the AC&I project proposal report. ~ major actions having a significant effect on consistent with the provisions of the NEP (4) When an environmental Impact state­ the environment even though they arise from Act. ment is prepared, make sufficient copies and projects or programs initiated prior to enact­ (2) Review all legislative proposals orig­ circulate them in accordance with enclosure ment of the NEP Act on 1 January 1970. inated by program managers, together (3). (2) Projects and major actions approved, with environmental impact statements or (5) Maintain mailing lists of parties in­ but uncompleted prior to 1 January 1970 negative declarations thereto, to assure that terested in Coast Guard environmental im­ should be handled as follows: they are legally consistent with Coast Guard pact statements within the district in ac­ (a) Environmental impact statements shall statutory requirements and not in conflict cordance with enclosure (3). be submitted on matters of a controversial vrith the provisions of the NEP Act or the (6) Maintain and transmit to Comman­ nature with substantially adverse potential statutory requirements of other agencies. dant (G-WEP) monthly a current list of all effects upon the human environment. Forward these legislative proposals through administrative actions for which environ­ (3) Projects and major actions approved the normal USCG/DOT legislative channels. mental statements are being prepared. This after 1 January 1970, but prior to 13 Octo­ (3) Review recommendations or reports shall be made available to the public upon ber 1971, either completed or uncompleted, relating to legislation involving matters hav­ request. should be handled as follows: ing to do with the quality of the human en­ (7) General: Solicit comments from Fed­ (a) Environmental impact statements shall vironment referred by other agencies. eral (at the local or regional office level), be submitted on uncompleted increments of (4) Review all final environmental impact State, and local agencies to assist in the prep­ projects and major actions having a poten­ statements for legal sufficiency. aration of the environmental impact state­ tial significant impact upon the quality of g. The Chief, Offices of Engineering (G -E ), ment. Unless otherwise specified, draft en­ the human environment. Significance shall Operations (G -O ), Merchant Marine Safety vironmental impact statements, comments be determined by a strict construction of the (G-M ), Boating Safety (G -B), and Research thereon and copies of negative declarations definitional material in enclosure (1). and Development (G -D ), shall, as are to be forwarded to Commandant (G— (b ) Negative declarations shall be pre­ appropriate: WEP) via the cognizant Headquarters of­ pared as per enclosure (4). (1) Provide technical support in the re­fice. All draft environmental statements and (4) The requirements of this paragraph view of environmental impact statements so negative declarations shall be made available apply to increments, such as each individual that a systematic and inter disciplinary ap­ to the public as provided in 5 U.S.C. 552 as construction project in a development plan. proach may be achieved. early as possible and at least 30 days prior to (5) Comments shall be solicited from Fed­ h. Program Directors and Managers shall: any public hearing on the matter and at eral, State and local agencies only upon proj­ (1) Prepare the necessary environmental least 90 days prior to any administrative ects and actions having potential significant impact statements or negative declarations action on the project. Final environmental environmental effects and upon which con­ for legislative recommendations and other impact statements shall be made available tracts have yet to be awarded. actions arising at the Headquarters level fol­ to the public 30 days prior to any adminis­ 9. The same format and processing shall lowing established procedures for the prepa­ trative action. If the final environmental Im­ be afforded to statements on proposals sub­ ration and handing of environmental impact pact statement is filed within 90 days after ject to section 309 of the Clean Air Act. statements for rulemaking proposals and the draft statement has been circulated for 10. For actions which affect any district, other actions originating within their offices. comment and made public, the 30-day period site, building, structure, or object that is in­ and 90-day period may run concurrently. (2) Make copies of the required draft state­ cluded in the National Register, section 106 ments and circulate them in accordance with (8) Environmental impact statement re­ of the National Historic Preservation Act of enclosure (3). Forward a sufficient number ceived from other Federal agencies. 1966 (Pub. L. 89-665) requires that the pro­ of copies to the Chief, Marine Environmental (a) Review and comment on all environ­ posal be referred to the Advisory Council on Protection Division for further distribution mental impact statements prepared by other Historic Preservation for comment through to CEQ, TES, EPA and other Federal and Federal agencies. Comments should be as the regional office of the National Park Serv­ Federal-State Agencies. specific, substantive and factual as possible ice and the State Liaison Officer for Historic i. District Commanders shall: without undue attention to matters of form Preservation. See enclosure (2) for details on (1) Application for permits or other ap­ in the statement. Emphasis should be placed content. provals. Request each applicant for a permit primarily on the assessment of the environ­ or other approval to submit the initial en­ mental impacts on the quality of the en­ E n c lo s u r e 1 vironmental information (enclosure (3), vironment, particularly as contrasted with paragraph 4). The format for this informa­ DEFINITIONS AND GUIDELINES the impacts of reasonable alternatives to the tion should parallel that presented in en­ action. Recommendations to modify the pro­ 1. General. When there is doubt whether or closure (2). This report will serve as the posed action and/or new alternatives that not to prepare a statement, it should be pre­ basis for an environmental impact statement will avoid or minimize environmental im­ pared. Where the environmental conse­ or negative declaration. These must deal pacts may be made. Comments should be quences of a proposed action are unclear but with the entire project e.g., entire highway limited to Coast Guard mission areas or potentially significant, a statement should construction. Where public land subject to poast Guard areas of special expertise as be prepared. It should be noted that the section 4 (f) of the DOT Act is involved, the effects of many Federal decisions, including report and subsequent environmental im­ those listed in enclosure (6 ). However, com­ ments may be submitted on subjects outside related Federal actions and projects in the pact statement should be supplemented by Coast Guard areas if an obvious question is area, can be individually limited but cumu­ a description of the publicly owned land, the raised. latively considerable. This can occur when National, State, and local significance of the one or more agencies over a. period of years (b) Those statements received by the dis­ land, the alternatives to the proposed use puts into a project individually minor but trict directly from the requesting agency, and the planning undertaken to minimize collectively major resources, when one deci­ which contain technical details that are be­ harm. District commanders should obtain sion involving a limited amount of money is yond the evaluation capabilities of the dis­ comments from other responsible Federal (at a precedent for action in much larger cases trict staff, or are of a highly controversial the local or regional office level), State, and or represents a decision in principle about a nature, or which have significant effect or local agencies about the environmental ef­ future major course of action, or when sev­ public interest beyond the district boundary fects of the proposal. The application, in­ eral Government agencies individually make shall be forwarded to Commandant (G -W E P ) cluding the environmental data shall be decisions about partial aspects of a major forwarded to the appropriate headquarters for additional comment. In all other cases, action. In all such cases, an environmental office in accordance with the procedures set the district commander’s comments shall be statement should be prepared if it is reason­ forth by that office. forwarded directly to the requesting agency, able to anticipate a cumulatively significant (2) Planning proposals (RCS CPE-1100). with a copy to Commandant (G -W E P ). impact on the environment from Federal Identify at the earliest possible stage in the (c) Environmental Statements received action. Moreover, the NEP Act is not limited planning process those actions which will from State or local agencies. Many States to adverse environmental effects; any signifl“ effect the environment. 11 there is a probable have environmental policy statutes with pro­ cant effect, positive or negative, requires a effect on the environment, an environmental visions for environmental statements similar statement. The Council on Environmental assessment shall be prepared according to to those of the NEP Act. The review and Quality, on the basis of a written assessment enclosure (5) and submitted with the plan­ comment process on the statements shall be ning proposal. the same as that for environmental impact of the impacts involved, is available to assist

FEDERAL REGISTER. VOL. 38, NO. 237— -TUESDAY, DECEMBER 11, 1973 NOTICES 34139 agencies in determining whether specific 2. Each statement shall be labeled draft for the Water Resources Council by the Office actions require impact statements. as appropriate. of Business Economics of the Department of 2. Actions affected, a. The environmental 3. The heading specified in paragraph 1 Commerce and the Economic Research Serv­ impact of any action must be considered, shall be modified to indicate that the state­ ice of the Department of Agriculture (the b. All legislative proposals require either ment also covers section 4 (f) and section 106 “OBERS” projection). In any event it is es­ c. All bridge permit applications require as appropriate and shall indicate whether sential that the sources of data used be either environmental statements or negative the final statement will be approvable by the identified. declarations. Coast Guard or the Office of the Secrétary. b. The relationship of the proposed action d. Any other action which “significantly 4. Each statement will, as a minimum, con­ and how it may conform to or conflict with affects” the environment requires an en­ tain sections corresponding to paragraphs B .l adopted or proposed land use plans, policies, vironmental statement. below, appropriately headed, supplemented controls, and goals and objectives as have e. Any other action which does not affect as necessary to cover other matters provided been promulgated by affected communities. the environment requires neither an environ­ in this enclosure. Where a conflict or inconsistency exists, the statement should describe the extent of mental statement nor a negative declaration. Summary Sheet 3. "Major” . Any Federal action significantly reconciliation and the reasons for proceeding affecting the environment is deemed to be (check one) ( ) Draft ( ) Final notwithstanding the absence of full recon­ “major” and a statement shall be prepared. Environmental Statement ciliation. c. The probable impact of the proposed ac­ 4. "Federal actions” . This term includes Department of Transportation the entire range of activity -undertaken by tion on the environment. (1) This requires the Coast Guard. Actions include but are not U.S. Coast Guard assessment of the positive and negative ef­ limited to: fects of the proposed action as it affects (Name, address and telephone number of both the national and international en­ (а) Direct Federal programs, projects and contact individual) administrative activities, such a s :. vironment. The attention given to differ­ (1) Research, development, and demon­ 1. Name of action (check one) ( ) Ad­ ent environmental factors will vary according stration projects. ministrative Act. ( ) Legislative Action. to the nature, scale, and location of proposed (2) Rulemaking and regulations. 2. Brief description of action indicating actions. Among factors to consider should be (3) Construction of and operation o f Fed­ what States (and counties) are particularly the potential effect of the action on such as­ eral facilities. affected. pects of the environment as those listed in (4) Waste disposal. 3. Summary of environmental impacts and enclosure 6. Primary attention should be (5) Transportation of dangerous or con­ adverse environmental effects. given in the statement to discussing those taminated commodities. 4. List of alternatives considered. factors most evidently impacted by the pro­ (б) Making of treaties or agreements (in­ 5. a. (For draft Statements.) List all Fed­posed action. ternational or with other Federal or State eral, State, and local agencies and other (2) Secondary, as well as primary conse­ governments). parties from which comments have been quences for the environment should be in­ (7) Development of plans. requested. cluded in the analysis. Secondary effects, b. Federal grants, loans, or other financial b. (For final statements.) List all Federal,through, for example, their impacts on exist­ assistance. State, and local agencies and other parties ing community facilities and activities and a (1) Federal permits, licenses, certifica­ from which written comments have been through inducing new facilities and activi­ tions, approvals, leases, or any entitlements received. ties, may often be even more substantial than for use, such as: 6. Date draft statement (and final envi­ the primary effects of the original action it­ (a) Ships. ronmental statement, if one has been issued) self. For example, the effects of the proposed (b) Bridge permits. made available to the Council on Environ­ action on population and growth may be 5. " Significantly affecting” environment. mental Quality and the public. among the more significant secondary effects. a. Any of the following actions should or­ B. Content. The following provisions are Such population and growth Impacts should dinarily be. considered as significantly af­ intended to provide guidance on the content be estimated and an assessment made of their fecting Jthe quality of the human environ­ of environmental statements. This guidance effects on changes in population patterns or ment: is expected to be supplemented by research growth upon the resource base, Including (1) Any matter falling under section 4(f) reports, guidance on methodology, and other land use, water, and public services, of the of the DOT Act, or section 106 of the His­ material from the literature as may be per­ area in question. toric Preservation Act. tinent to evaluation of relevant environ­ d. Alternatives to the proposed action, In­ (2) Any action that is likely to be highly mental factors: cluding where relevant, those not within the controversial on environmental grounds. 1. General. The following points are to be existing authority of the responsible agency. (3) Any action that is likely to have a covered: Section 102(2) (D ) of the Act requires the responsible agency to “study, develop, and significantly adverse impact on natural, eco­ a. A description of the proposed action and describe appropriate alternatives to recom­ logical, cultural, or scenic resources of na­ of the environment affected, including in­ mended sources of action in any proposal tional, State or local significance. formation, summary technical data, and which involves unresolved conflicts concern­ (4) Any action that is likely to be highly maps and diagrams where relevant, adequate ing alternative uses o f available resources. A controversial regarding relocation housing to permit an assessment of potential envi­ rigorous exploration and objective evaluation resources. ronmental impact by commenting agencies (6) Any action that (a) divides or disrupts and the public. Highly technical and special­ of the environmental impacts of all reason­ able alternative actions, particularly those an established community or disrupts or­ ized analyses and data should be avoided in that might enhance environmental quality or derly, planned development or is inconsist­ the body of the draft impact statement. Such ent with plans or goals that have been materials should be attached as appendices avoid some or all of the adverse environmen­ adopted by the community in which the or footnoted with adequate bibliographic ref­ tal effects, are essential. Sufficient analysis project is located; or (b ) causes increased erences. The statement should also succinctly of such alternatives and their environmental congestion; or describe the environment of the area affected benefits, costs, and risks should accompany (6) Any action which (a) Involves incon­ as it exists prior to a proposed action. The the proposed action through the review proc­ sistency with any national, State, or local amount of detail provided in such descrip­ ess in order not to foreclose prematurely op­ standard relating to the environment; (b) tions should be commensurate with the ex­ tions which might have less detrimental ef­ has a significantly detrimental impact on tent and expected impact of the action, and fects. Examples of such alternatives Include: air or water quality or on ambient noise with the amount of information required at the alternative of taking no action or of post­ levels for adjoining areas; (c) involves a pos­ the particular level of decision making (plan­ poning action pending further study; alter­ sibility of contamination of a public water ning, feasibility, design, etc.). In order to in­ natives requiring actions of a significantly supply system; or (d) affects ground water, sure accurate descriptions and environmental different nature which would provide similar flooding, erosion or sedimentation. assessments, site visits should be made where benefits with different environmental im­ feasible. The statement should identify, as pacts, low capital intensive improvements, al­ Enclosure 2 appropriate, population and growth charac­ ternatives related to different locations or de­ FORM AND CONTENT OF SECTION 102(2) (C) teristics of the affected area and any popula­ signs or details of the proposed action which STATEMENT tion and growth assumptions used to Justify would present different environmental im­ the project or program or to determine sec­ pacts. In each case, the analysis should be A. Form. 1. Each statement will be headed sufficiently detailed to permit comparative as follows: ondary population and growth impacts re­ sulting from the proposed action and its evaluation of the environmental benefits, Department of Transportation alternatives (see paragraph B.l.c.(2)). In costs and risks of the proposed action and US. Coast Guard discussing these population aspects, the each reasonable alternative, provided, how­ (Draft) Environmental Impact statement statement should give consideration to using pursuant to section 102(2) (O ), Pub. L. the rates of growth in the region of the ever, that where an existing impact state­ project contained in the projection compiled ment already contains such an analysis, its

FEDERAL REGISTER. VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34140 NOTICES

treatment ctf alternatives may be incorpo­ EPA was consulted in an effort to resolve should demonstrate compliance with the rated, provided such treatment is current and the basis for the rating and the action Supreme Court’s dictum in the Overton Park relevant to the precise purpose of the pro­ taken. case, as follows: posed action. (3) The statement should reflect that "The very existence of the statute indicates e. Any probable adverse environmental ef­ every effort was made to discover and dis­ that the protection of park lands was to be fects which cannot be avoided (such as water cuss all major points of view on the environ­ given paramount importance. The few green or air pollution, undesirable land use pat­ mental effects of the proposed action and havens that are public parks were not to terns, damage to life systems, traffic conges­ its alternatives in the draft statement itself. be lost unless there were truly unusual fac­ tion, threats to health, or other consequences, However, where opposing professional views tors present in a particular case or the cost adverse to the environmental goals set out and responsible opinion have been over­ or community disruption resulting from al­ in section 101(b) of the Act). This should looked in the draft statement and are raised ternative results reached extraordinary mag­ be a brief section summarizing in one place through the commenting process, the en­ nitudes. I f the statutes are to have any those effects discussed in paragraph c ( l ) that vironmental effects of the action should be meaning, the Secretary cannot approve the are adverse and unavoidable under the pro­ reviewed in light of those views and a mean­ destruction of parkland unless he finds that posed action. Included for purposes of con­ ingful reference made in the final statement the alternative routes present 'unique prob­ trast should be a clear statement of how to the existence of responsible opposing view lems.” other adverse effects discussed in paragraph not adequately discussed in the draft state­ d. I f there is no feasible and prudent al­ c (l) will be mitigated. ment indicating responses to the issues ternative description of all planning under­ f. The relationship between local Short­ raised. taken to minimize harm to the protected term uses of man’s environment and the (4) All substantive comments received on area and statement of actions taken or to maintenance and enhancement of long-term the draft (or summaries thereof where re­ be taken to implement this planning, includ­ productivity. This section should contain a sponse has been exceptionally voluminous) ing measures to maintain or enhance the brief discussion of the extent to which the should be attached to the final statement, natural beauty of the lands traversed. proposed action involves trade-offs between whether or not each such comment is (1) Measures to minimize harm may in­ short-term environmental gains at the ex­ thought to merit individual discussion in the clude replacement of land and facilities, pro­ pense of long-term losses, or vice versa. In text of the statement. viding land or facilities, provision of this context short term and long term do not j. Draft statements should indicate at ap­ compensation adequate for functional re­ refer to any fixed time periods, but should propriate points in the text, underlying stud­ placement of the facility (see 49 CFR be viewed in terms of the environmentally ies, reports, and other information obtained 25.252). significant consequences of the proposed and considered in preparing the statement (2) Measures to minimize harm, e.g., tun­ action. including any cost-benefit analyses prepared neling, cut and cover, cut and fill, treatment g. Any irreversible and irretrievable com­ by the agency. In the case of documents not of embankments, planting, screening, main­ mitments of resources that would be involved likely to be easily accessible (such as internal tenance of pedestrian or bicycle paths, in the proposed action should it be imple­ studies or reports), the statement should in­ noise mitigation measures all reflecting mented. This requires identification of un­ dicate how such information may be ob­ utilization of appropriate interdisciplinary avoidable impacts in paragraph 1 (e) and the tained. If such information is attached to the design personnel. extent to which the action irreversibly cur­ statement, care should be taken to insure e. Evidence of concurrence or description tails the range of potential uses of the en­ that the statement remains an essentially of efforts to obtain concurrence of Federal, vironment. “Resources” means not only the self-contained instrument, capable of being State or local officials having jurisdiction labor and materials devoted to an action but understood by the reader without the need over the 4(f) property regarding the action also the natural and cultural resources lost for undue cross reference. Every effort should prepared and the measures planned to or destroyed. be made to convey the required information minimize harm. h. An Indication of what other interests succinctly in a form easily understood, giv­ f. If Federally-owned properties are in­ and considerations of Federal policy are ing attention to the substance of the in­ volved in highway projects, the final state­ thought to offset the adverse environmental formation conveyed rather than to the par­ ment shall include the result of filing a map effects of the proposed action identified pur­ ticular form, or length, or detail of the of the prepared use of the land with the suant to subparagraphs (c) and (e) off this statement. Secretary of the Department supervising the paragraph. The statement should also indi­ 2. Publicly-owned parklands, recreationalland (23 U.S.C. 317). cate the extent to which these stated coun­ area, wildlife and waterfowl areas and his­ g. If land acquired with Federal grant tervailing benefits could be realized by fol­ toric sites. In the event the proposed action money (H UD open space on BOR land and lowing reasonable alternatives to the pro­ affects or takes any land described under water conservation funds) is involved, the posed actions (as identified in subparagraph section 4(f) of the DOT Act, furnish the fol­ final statement shall include specific con­ (d ) of this paragraph) that would avoid some lowing additional information in the environ­ currence of the Secretary of the grantor or all of the adverse environmental effects. mental statement: agency. In this connection, agencies that prepare a. Description of any publicly owned land h. "Lands” Include public interests in cost-benefit analyses of proposed actions from a public park, recreation area or wild­ lands, such as, easements, reversions, etc. should attach such analyses, or summaries life and waterfowl refuge or any land from TGC will determine application of section thereof, to the environmental impact state­ an historic site affected or taken by the proj­ 4 (f) in case of disagreement. ment, and should clearly indicate the extent ect, including its size, available activities, i. A specific statement that there is no to which environmental costs have not been use, patronage, unique or irreplaceable quali­ feasible and prudent alternative and that reflected in such analyses. ties, relationship to other similarly used the proposal Includes all possible planning to 1. A discussion of problems and objections lands in the vicinity of the project, maps, minimize harm to the "4 (f) area” involved. raised by other Federal agencies, State and plans, slides, photographs, and drawings j. Evidence of coordination with the De­ local entities, and citizens in the review showing in sufficient scale and detail the proj­ partment of the Interior, and with the De­ process, and the disposition of the issues in­ ect and its impact on park, recreation, wild­ partment of Housing and Urban Develop­ volved and the reasons therefor. (This sec­ life, or historic areas, changes in vehicular ment and the Department of Agriculture, if tion may be added at the end of the review or pedestrian access. appropriate as required by section 4 (f ). process in the final text of the environ­ b. Statement of the national, State, or 3. Properties and sites of historic signif­ mental statement.) local significance of the entire park recrea­ icance. In the event that the project, proposal (1) The draft and final statements should tion area, refuge, or historic site as deter­ or action is subject to section 106 of the document issues raised through consulta­ mined by the Federal, State or local officials National Historic Preservation Act, the fol­ tions with Federal, State, and local agencies having jurisdiction thereof. In the absence lowing additional information must be in­ with jurisdiction or special expertise and of such a statement lands will be presumed cluded in the environmental statement. with citizens, of actions taken in response to be significant. Any statement of insignif­ a. Documentation on sites of historic to comments, public hearings, and other icance will be subject to review by the De­ significance should include either: citizen involvement proceedings. partment. (1) Evidence of consultation with the (2) Any unresolved environmental issues c. Similar data, as appropriate, for alterna­ State Preservation Officer that there is no and efforts to resolve them through further tive designs and locations, including detailed effect on a property that is either on or consultations should be identified in the cost estimates (with figures showing per­ qualifies for and is being nominated to the final statement. Where major unresolved centage differences in total project costs) and most recent listing of the National Regis­ conflicts are involved, the final statement technical feasibility, and appropriate analy­ ter of Historic Properties (see 38 FR 5386) should reflect that the commenter was con­ sis of the alternatives, including any truly and monthly supplements. sulted again and agreement sought. Where unusual factors present and evidence that (2) I f National Register properties are af­ the Environmental Protection Agency (EPA) the cost or community disruption resulting fected, the final statement should include rates an action or statement “3”, “ER”, or from alternative routes reached extraordinary an account of stipulations to comply with “EU”, the final statement should reflect that magnitudes. This portion" of the statement the Historic Preservation Act, including a

FEDERAL RESISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 NOTICES 34141 joint memorandum acknowledging no ad­ the availability of relocation housing as re­ of the project on the wetlands and associ­ versity or satisfactory mitigation of the ad­ quired by DOT Order 5620.1 and 25 CFR 53. ated wildlife. verse effect with the Advisory. Council on 5. Considerations relating to pedestrians d. Consideration of the potential of the Historic Preservation pursuant to Protection and bicyclists. Where appropriate, the state­ project to enhance or restore the wetlands in of Properties; Procedures for Compliance (38 ment should discuss impacts on pedestrian the area of the project. PR 5388). access and movement to, across, along, and . e. A statement by the local representative (3) In the event a joint memorandum can­between transportation facilities, including of the Department of the Interior, and any not be obtained, the final environmental sidewalks, overpasses, pedestrian activated other responsible officials with special exper­ statement should include a "106 report” signals, and other factors. Impacts on use tise, setting forth his views on the impacts of and the comments of the Advisory Council of areas by pedestrians and bicycles should the project on the wetlands, the worth of on Historic Preservation (ACHP) in the be discussed, particularly in medium and the particular wetlands areas involved to the form prescribed in Protection » f Properties; high density commercial and residential community and to the Nation, and recom­ Procedures for Compliance, be responsive to areas. mendations as to whether the proposed ac­ the historic and environmental issues raised 6. Other social impacts. The general social tion should proceed, and if applicable, along and describe the actions proposal to mitigate groups specially benefited or harmed by what alternative route. adverse effects, including steps taken in re­ the proposed action should be identified in f. Where applicable, a discussion of how sponse to comments by ACHP. the statement, including the following: the proposed project relates to the State b. For properties of State or local historic a. Particular effects of a proposal on the coastal zone management program for the significance. The responsible official should elderly, handicapped, non-drivers, transit de­ particular State in which the project is to consult with the State preservation officer pendent, or minorities should be described take place. or with the local official having jurisdiction to the extent reasonably predictable. 10. Construction impacts. In general, ad­ of the historic site. b. How the proposal will facilitate or in­ verse impacts during construction will be of c. Use of historic siteS of Federal, State, hibit their access to jobs, educational facili­ less importance than long-term impacts of a and local historic significance requires ties, religious institutions, health and wel­ proposal. Nonetheless, statements should ap­ determinations under section 4 (f), and fare services, recreational facilities, social and propriately address such matters as the fol­ documentation should include information cultural facilities, pedestrian movement lowing identifying any special problem areas: necessary to consider such a determination facilities, and public transit services. a. Noise impacts from construction and (see paragraph 2). c. Measures for enhancing access to these any specifications providing maximum noise 4. Impact» of the proposed action on thefacilities as well as reducing inhibitions. levels. human environment involving community d. Transportation services available b. Disposal of spoil (include any specifica­ disruption and relocation. In the event that through or precluded by the proposal. tions) . the project, proposal or action involves 7. Standards as to noise, air, and water c. Measures to minimize effects on traffic community disruption and relocation, the pollution. The statement, shall include suf­ and pedestrians. following additional information must be ficient analysis to predict the effects of the d. Consideration of "round the clock” con­ included in the environmental statement. proposed action on attainment and mainte­ struction, to speed up completion of con­ а. The statement should include a descrip­ nance of any applicable environmental struction activity and its impacts. tion of probable impact sufficient to enable standards (e.g.,'noise, ambient air quality, 11. Land use and urban growth. The state­ an understanding of the extent of the en­ water quality) including the following ment should Include, to the extent relevant vironmental ahd social impact of the project documentation : and predictable: alternatives and to consider whether re­ a. With respect to water quality, there a. The effect of the project on land use, location problems can be properly handled. should be consultation with the agency re­ development patterns, and urban growth. This would include the following informa­ sponsible for the State water pollution con­ b. Where significant land use and develop­ tion obtainable by visual inspection of the trol program with respect to conformity with ment impacts are anticipated, identify public proposed affected area and from secondary standards and regulations regarding storm facilities needed to serve the new develop­ sources and community sources when sewer discharge, sedimentation control, and ment and any problems or issues which available: other non-point source discharges. would arise in connection with these facili­ 1. An estimate of the households to be b. The comments or determinations of the ties. displaced including the family characteristics offices charged with administration of the c. The comments , of agencies that would (e.g., minorities, and income levels, tenure, State’s implementation plan for air quality provide these facilities. the elderly, large fam ilies). as to the consistency of the project with d. The effect of substantial changes in 2. Impact on the human environment' of State plans for the implementation of ambi­ urban growth on the social fabric of the an action which divides or designates an ent air quality standards. area, including elements such as economic or established community, including, where c. Conformity to adopted noise standards, ethnic segregation. compatible, if appropriate, with different pertinent, the effect of displacement on types Enclosure 3 of families and individuals affected, effect of land uses. streets cut off, separation of residences from 8. Conditions relating to flood. control. preparation a n d p r o c e ssin g o f s e c t io n community facilities, separation of resi­ The statement should include evidence of 102(2) (C) STATEMENTS dential areas. compliance with Executive Order 11296 and Flood Hazard Evaluation Guidelines for Fed­ 1. Citizen involvement procedures. Citizen 3. Impact on the neighborhood and hous­ involvement in environmental aspects of eral Executive Agencies, promulgated by the ing to which relocation is likely to take place Coast Guard actions is encouraged at each Water Resources Council. Evaluations of (e.g., lack of sufficient housing for large fami­ pertinent stage of the development of the flood hazards and evidence of consultation lies; doublings u p ). proposed action. Formal and informal citi­ with the Corps of Engineers or the TVA, to­ 4. An estimate of the businesses to be dis­ zen input should be encouraged as early as gether with necessary measures to handle placed, and the general effect of business dis­ possible. Attempts to solicit the views of the location on the economy of the community. flood hazard problems should be set forth. I f the responsible official determines that full public through hearings, personal contact, 5. A definition of relocation housing in press releases, maintaining mailing lists of the area and the ability to provide adequate compliance with E.O. 11296 and the guide­ lines can be carried out only at a later stage interested parties, and other methods should relocation housing for the types of families be utilized. Interested parties include com­ of development of the project, the docu­ to be displaced. If the resources are insuf­ munity, environmental or conservation mentation should include sufficient evidence ficient to meet the estimated displacement organizations or individuals affected by or to demonstrate that flood hazard problems needs, a description of the actions proposed known to have an interest in, or who can can be handled and indicate the scope of to remedy this situation including, if neces­ speak knowingly of the environmental im­ further work necessary to provide for com­ sary, use of housing of last resort. pact of the proposed action. Lists of inter­ plete compliance with E.O. 11296 and the б. Results of consultation with local offi­ ested parties should be developed. Interested guidelines and where such work, when com­ cials and community groups regarding the parties should have adequate opportunities pleted will be available to the public. impacts to the community affected. Reloca­ to express their views early enough in the 9. Considerations relating to wetlands or tion agencies and staff and other social agen­ study process to influence the course of stud­ coastal zones. Where wetlands or coastal cies can help to describe probable social im­ ies, as well as action taken. A summary of zones are involved, the statement should pacts of this proposed action., the process and any environmental issues include: 7. When necessary, special relocation ad­ raised should be documented in the environ­ a. Information on location, types, and ex­ visory services being provided the elderly, mental statement. tent of wetlands areas which might be handicapped and illiterate regarding inter­ a. Planning stage criteria for citizen in­ affected by the proposed action. pretations of benefits, assistance in selecting volvement and Identification of social, eco­ b. Information on the present and future nomic, and environmental impacts in depart­ replacement housing, and consultation with uses of süch wetlands areas both by people respect to acquiring, leasing, and occupying mental planning programs set forth in DOT and by the wildlife inhabiting these areas. Order 1130.2. replacement housing. This data should pro­ c. An assessment of the impact resulting b. Early notification of preparation en­ vide the preliminary basis for assurance of from both construction and from operation vironmental impact statements should be

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34142 NOTICES sent to Interested parties and may be sent or common to a series of actions, or the over­ Act. The interdisciplinary approach should to Federal, State or local agencies to solicit all impact of a chain of contemplated include appropriate disciplines to assure that comments that may be helpful in preparing projects. environmental impacts are described in de­ the draft statement. 4. Applications. Each applicant for a grant, tail in the statement. This is to be carried (1) Advance notification of grants. Under loan, permit, or other Coast Guard approval, out by relevant disciplines represented on OMB Circular A—95 and DOT Order 4600.4, if appropriate, will be requested to submit staff, or when this is not feasible, by appro­ Clearinghouses are to be notified of inten­ together with the original application, either priate use of relevant Federal, State, and tion to apply for Federal program assistance. a draft 102(2) (C) statement, a negative dec­ local agencies or the professional services of The notification includes the nature and ex­ laration, or an environmental analysis of universities and outside consultants. The tent of environmental impact anticipated the proposed project which would be uti­ interdisciplinary approach should not be and whether or not an environmental im­ lized in the preparation of a draft statement limited to the preparation of the environ­ pact statement is required. This notification or, negative declaration by the Coast Guard, mental impact statement, but should also be may be sent to interested parties and agen­ (a) In such event, the Coast Guard should used in the early planning stages of the pro­ cies, as well as clearinghouses. assist the applicant by outlining the types of posed action. Early application of such an (2) Other actions than those where agen­ information required, (b ) In all cases, the approach should help assure a systematic cies send early notifications under (a) above, Coast Guard should make its own evaluation evaluation of reasonable alternative courses procedures should Include an early warning of the environmental issues and take re­ of action and their potential social, eco­ system for informing the public of the deci­ sponsibility for the scope and content of nomic, and environmental consequences. sions to prepare a statement. draft and final environmental statements, 9. Legislative proposals, a. Before the Coast i c. Copies of the draft environmental im­ (c) The appplicant should be notified by Guard m&kes a favorable report on proposed pact statement should be sent to interested the responsible officer that further actions legislation involving matters for which it is parties. The availability of the statement prior to the approval of the application must primarily responsible or proposes draft legis­ should be made known to appropriate inter­ not affect the environment. lation to the Congress, the office which de­ ested parties, advertised in local papers, etc. 5. Actions originating within the Coast velops the Coast Guard position on the re­ d. Hearings. (1) For any action involving Guard. In the case of proposals originating port or originates legislation (hereinafter the a public hearing, the draft statement or en­ within the Coast Guard for an action to “action office”) shall prepare an environ­ vironmental analysis should be made avail­ which this Instruction is applicable, , the mental statement or negative declaration. able to the public at least 30 days prior to originator of the proposal will state in the The final text of the environmental state­ the hearing. The notice of the hearing should proposal whether, in his judgment, the ac-< ment and comments thereon should be avail­ indicate availability of the statement for tion will or will not require a 102(2) (C) able to the Congress and to the public for analysis. Where feasible, comments of public statement. consideration in connection with the pro­ agencies should be made available to the 6. Use of consultants. Consultants may be posed legislation or report. In cases where the public prior to the public hearing. utilized to prepare background or prelimi­ scheduling of congressional hearings on rec­ (2) Even where not required, a hearing nary material for use in a draft or final ommendations or reports on proposals for may help resolve environmental conflicts. In enviromental statement for which the Coast legislation which the Federal agency has for­ deciding whether a public hearing is appro­ Guard takes responsibility. Selection of con­ warded to the Congress does not allow ade­ priate, an agency should consider: sultants and work by consultants who may quate time for the completion of a final text (a) The magnitude of the proposal in expect further contracts based on the out­ of an environmental statement (together terms of economic costs, the geographic area come of the environmental decision should with comments), a draft environmental involved, and the uniqueness or size of com­ be carefully reviewed to insure complete and statement may be furnished to the Congress mitment of the resources involved. objective consideration of all relevant proj­ and made available to the public pending (b) The degrees of interest in the propos­ ect impacts and alternatives. transmittal of the comments as received and al, as evidenced by requests from the pub­ 7. Lead agency. Where more than .one the final text. Negative declarations may be lic and from Federal, State and local au­ agency directly sponsors an action, or is di­ forwarded to Congress if requested. thorities that a hearing be held. rectly involved through funding, licenses, or 10. Draft of statement. Draft statements (c) The complexity of the issue and the permits, or is involved in a group of actions shall be prepared at the earliest practical likelihood that information will be pre­ directly related to each other because of point in time, prior to the first significant sented at the hearing which will be of assist­ functional interdependence and geographic point of decision in the review process. They ance to the agency in fulfilling its respon­ proximity, to the maximum extent possible should be prepared early enough in the proc­ sibilities under the Act; and one statement should serve as the means of ess so that the analysis of the environmental (d) The extent to which public involve­ compliance with section 102(2) (C) for all effects and the exploration of alternatives ment already has been achieved through Federal actions involved. The Coast Guard, with respect thereto are significant inputs to other means, such as earlier public hearings, in such cases, should consider the possibility the decisionmaking process. meetings with citizen representatives, and/ of joint preparation of a statement by all 11. Processing of environmental state­ or written comments on the proposed action. agencies concerned, or designation of a single ments. On actions requiring a 102(2) (C) (3) Notification of the hearing should an­ “lead agency” to assume supervisory responsi­ statement, except for those relating to legis­ nounce availability of detailed information bility for preparation of the statement. lative proposals, the Coast Guard shall circu­ on environmental impacts through news­ Where a lead agency prepares the statement, late for comment the draft environmental paper articles, direct notification to in­ the other agencies involved should provide statement to all Federal agencies which have terested parties and clearinghouses, etc. assistance with respect to their areas of juris­ jurisdiction by law or special expertise with e. Informal meetings and direct contacts diction and expertise. In either case, the respect to the environmental impact involved, with interested parties should be held early statement should contain an environmental and to the CEQ (ten copies) and TBS (two in the development process to provide the assessment of the full range of Federal ac­ copies), as well as other elements of DOT opportunity for mutual exchange of infor­ tions involved, should reflect the views of all where appropriate. For action within the mation. The objective of these actions should participating agencies, and should be pre­ Jurisdiction of the Environmental Protec­ be to include as many of the residents and pared before major or irreversible actions tion Agency (air or water quality, solid others as possible in discussion to identify have been taken by any of the participating wastes, pesticides, radiation standards, community leaders, and to seek their agencies. Factors relevant in determining an noise), the proposals shall toe referred to EPA recommendations. appropriate lead agency include the time for review and comment. For actions which 2. Planning stage. Initial assessment of sequence in which the agencies become in­ affect any district, site, building, structure environmental impacts of proposed activities volved, the magnitude of their respective in­ or object that is included in the National should be undertaken concurrently with volvement, and their relative expertise with Register, the proposal should toe referred to initial technical and economic studies. Gen­ respect to the project’s environmental effects. the Advisory Council on Historic Preserva­ eral criteria for identification of social, eco­ As necessary, the Council on Environmental tion for comment through the regional office nomic, and environmental Impacts in de­ Quality will assist in resolving questions of of the National Park Service and the State partmental planning programs are set forth responsibility for statement preparation In Liaison Officè for Historic Preservation. A in DOT Order 1130.2. the case of multiagency actions. For projects time period for comment may be specified, 3. Scope of statement. The scope of the ac­ primarily involving lafid owned by or under but not less than 45 days from the date of tion covered by the statement should avoid the jurisdiction of another Federal agency, publication in the F ederal R egister of the “piecemealing” and be sufficiently broad so the owner agency may be appropriate to be CEQ listing notifying the public of issuance that alternatives to the proposed action Can the designated lead agency. Joint prepara­ of thè impact statement. An extension of be meaningfully evaluated. Actions covered tion of environmental statements is en­ time, if possible, when requested, shall be should have independent significance, and couraged, when appropriate. allowed. Where comments of agencies have stand on their own. In certain circumstances, 8. Interdisciplinary approach. The 102(2) been obtained, comments need not be broad program statements will be required in order to assess the environmental effects of (C ) statement should reflect the utilization solicited again from the same agencies, un­ a number of actions in a geographical area, of a “systematic, interdisciplinary approach” less there are pertinent changes in the proj­ or environmental impacts that are generic as required by section 102(2) (A ) of the NEP ect proposal. ' * ^

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 1 1 ,1 9 7 3 NOTICES 34143 a. Federal review. Enclosure (6) is a list of TES and CEQ shall consider an alternative environmental impact without observing the Federal agencies with special expertise or arrangement. Materials to be made available provision of these guidelines concerning jurisdiction by law with respect to environ­ to the public shall be provided without minimum periods for agency review and ad­ mental impacts, to whom the draft state­ charge to the extent practical, or at a fee vance availability of environmental state­ ment should be referred, as appropriate, for which is not more than actual cost of re­ ments, G -W E P should consult with TES and comment. producing copies to be sent to other Federal CEQ about alternative arrangements. b. State and, local review. (1) Where review agencies. of the proposed action by State and local 16. Timing of agency decision. To the max­ Enclosure 4 agencies is relevant, such State and local re­ imum extent practicable, no administrative NEGATIVE DECLARATION view shall be provided for as follows: action, (i.e., any proposed action to be taken a. Where review of direct Federal develop­ by the agency other than agency proposals 1. General. Any proposal for an action to ment projects takes place prior to prepara­ for legislation to Congress, budget proposals, which this Instruction is applicable will in­ tion of an environment statement, comment or agency reports on legislation) subject to clude either a statement as required by on the environmental effects of the proposed section 102(2) (C ) is to be taken sooner than section 102(2) (c) of the NEP Act or a dec­ project are inputs to the environment state­ 90 days after a draft environmental state­ laration that the proposed action will not ment. These comments should be attached ment has been circulated for comment, fur­ have a significant impact on the environ­ to the draft statement when it is circulated nished to the Council and, except where ad­ ment. Negative declarations need not be co­ for review and copies of the draft sent to vance public disclosure will result in signif­ ordinated outside the originating agency, those who commented. A-95 clearinghouses icantly Increased costs of procurement to the but should be made available to the public or other agencies designated by the Governor Government, made available to the public upon request. Negative declarations should may also secure reviews of environmental pursuant to these guidelines. Neither should be supported by sufficient documentation so statements. Clearinghouses should in all such administrative action be taken sooner that the basis for the determination that the cases be sent a copy of the draft and final than 30 days after the final approved text of proposed action does not have a significant environmental statements. an environmental statement (together with Impact on the environment is clear. How­ b. Project applicant or administrations comments) has been made available to'the ever, if the Coast Guard decides that an en­ shall obtain comments directly from appro­ CEQ and the public. If the final text of an vironmental statement is not necessary for priate State and local agencies, except where environmental statement is filed within 90 a proposed action (a) which has been iden­ review is secured by agreement through A-95 days after a draft statement has been cir­ tified as normally requiring preparation of a clearinghouses. Comments should be solic­ culated for comment, furnished to the CEQ statement, (b ) which is similar to actions for ited from municipalities and counties for and made public pursuant to this section of which a statement has been prepared, (c) all projects located therein. these guidelines, the 30-day period and 90- which has been previously announced to be (2) Environmental statements on legisla­ day period may run concurrently to the ex­ the subject of a statement, or (d) for which tive proposals are not subject to State and tent that they overlap. The time periods are a negative declaration has been made in re­ local review. Similarly, budget proposals measured from the date of publication in sponse, to a request from CEQ, the Coast or other internal agency proposals may be the Federal Register of the weekly filing with Guard shall prepare a publicly available rec­ excluded from such review. the Council on Environmental Quality. ord briefly setting forth the agency’s decision 12. Utilisation of comments. Comments re­ 17. Review of environmental statements and the reasons for that determination. Lists ceived under Federal, State and local review prepared by other agencies. Other agencies of such negative determinations, and any and inputs from the process of citizen par­ may consult with the Coast Guard in prepa­ determinations made that preparation of a ticipation shall accompany the draft en­ ration of environmental statements. The pur­ statement is not yet timely, shall be prepared vironmental statement through the normal pose of Coast Guard review of and comment and made available in the same manner as internal project or program review process. on environmental statements drafted by provided for lists of statements under prep­ 13. Final statements, a. Draft statements other agencies is to provide constructive as­ aration. shall be revised, as appropriate, to reflect sistance on proposals relating to functional 2. All negative declarations shall be pre­ comments received, issues raised through the areas of responsibility and expertise of the pared in accordance with the format on the community involvement and public hearing Coast Guard. The responsibility of the com­ following page. The Identify Clearly section process, or other considerations, before being menting official will generally be limited to should include a description of the project, put into final form for approval of the re­ the provision of a competent and coopera­ action or proposal and a summary of the en­ sponsible official. tive advisory and consultant service. Review vironmental findings that lead to the con­ (1) All final environmental impact, state­ of statements prepared by other agencies will clusion that the project, action or proposal ments will be reviewed for legal sufficiency by consider the environmental impact of the will have no foreseeable significant Impact the Chief Counsel. proposal on areas within the Coast Guard’s upon the quality of the human environment. 14. Public Review. These procedures are functional area of responsibility or special designed to encourage public participation expertise as listed in enclosure 6. NEGATIVE DECLARATION FOR INTERNAL COAST r GUARD PROJECTS, ACTIONS^ AND PROPOSALS in the impact statement process at the a. Comments should be organized in a earliest possible time. manner consistent with the structure of The following project, action or proposal 15. Availability of statements to the Pres­ the draft statement and may include alter­ has been thoroughly reviewed by its origina­ ident, the CEQ, and the public. After ap­ natives or modifications that will enhance tor and it has been determined by said proval, G -W E P is responsible for transmit­ environmental quality or avoid or minimize originator that said project, action or pro­ ting 10 copies of each final statement to the adverse environmental impacts. posal will have no foreseeable significant CEQ, which transmittal shall be. deemed b. Coast Guard projects that are environ­ impact upon the quality of the human en­ transmittal to the President. The responsible mentally related to the proposed action vironment: officer for the environmental statement is should be Indicated so interrelationships may responsible for making the final version of be included in the final statement. (IDENTIFY CLEARLY) such statement and the comments received c. Headquarters. There are several types of The above statement does and shall serve available to the public pursuant to the pro­ matters that should be referred to Com­ the sole purpose of compliance with DOT visions of the Freedom of Information Act mandant G-WEP for comment. These gen­ Order 5610.1B. This document is and shall (5 U.S.C., section 552) at the headquarters erally include the following: be for the sole use of the . United States and appropriate district offices and at appro­ (1) Actions with national policy implica­ Coast Guard, the United’»States Department priate State, regional and metropolitan clear­ tions. of Transportation and the United States inghouses unless the Governor of the State (2) Projects that involve natural, ecologi­ Government, and shall have no final validity involved designates some other point for re­ cal, cultural, scenic, historic, or park or re­ in the absence of either of the signatures ceipt of this information. Notice of such creation resources of national significance. called for below. designation shall be included in OMB listing (3) Legislation, regulations having na­ of clearinghouses. Draft and final statement tional impacts, or national program should be made available in public places proposals. Date Signature of Originator such as libraries, public offices, and offices of (4) Projects regarding the transportation preparing agencies. Copies of final state­ of hazardous materials and natural gas and Date Signature of Chief, Office of ments, with comments attached, should be liquid-products pipelines. Marine Environment and sent to all Federal, State, and local agencies (5) Water resource projects. Systems or and private organizations who commented d. Comments should indicate the nature on the draft statement or requested copies of any monitoring of the environmental ef­ District Commander (if of the final statement and to individuals who fects of the proposed project that appears prepared at District level) commented on the draft statement and to particularly appropriate. Such monitoring Enclosure 5 may be necessary during the construction, individuals who requested oopies of the final startup, or operation phases of the project. ENVIRONMENTAL ASSESSMENT statement. If the number of statements re­ 18. Where emergency circumstances make 1. General. An environmental assessment quested makes distribution inappropriate, it necessary to take an action with significant should be used to determine if the proposed

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 No. 237— Pt. I------7 34144 NOTICES

action will significantly affect the environ­ Department of Defense—Department of the SOLID WASTE ment. All of the areas in paragraph 2 must Air Force Atomic Energy Commission (radioactive Department of the Interior—Bureau of be covered; however, the depth of coverage waste) should be consistent with the magnitude of Reclamation Department of Defense— Army Corps of Engi­ Water Resources Council the project. neers 2. Content of the environmental assess­ WATER Department of Health, Education, and Wel­ ment. The following points shall be included fare in the environmental assessment. Water Quality Department of the Interior— ^Department of A gricu ltu re - (1) A description of the proposed action, Bureau of Mines (mineral waste, mine acid Soil-Conservation Service a statement of its purposes, and a descrip­ waste, municipal solid waste, recycling) tion of the environment affected, including Forest Service Bureau of Land Management (public Atomic Energy Commission (radioactive sub­ information, summary technical data, and lands) maps and diagrams where relevant, adequate stances) Bureau of Indian Affairs (Indian lands) Department of the Interior— to permit an assessment of potential environ­ Geological Survey (geologic and hydrologic Bureau of Reclamation mental impact. effects) Bureau of Land Management (public (2) The relationship of the proposed action Office of Saline Water (demineralization) lands) to land use, plans, policies, and controls for Department of Transportation— Coast Guard Bureau of Indian Affairs (Indian lands) the affected area. (ship sanitation) Bureau of Sport Fisheries and Wildlife (3) The probable impact of the proposed Environmental Protection Agency Bureau of Outdoor Recreation action on the environment. River Basin Commissions (as geographically Geological Survey (4) Alternatives to the proposed action appropriate) Office of Saline Water including, where' relevant, those not within Water Resources Council the existing authority of the Coast Guard. Environmental Protection Agency (5) Any probable adverse environmental Department of Health, Education, and Wel­ NOISE fare effects which cannot be avoided (such as Department of Commerce— National Bureau water or air pollution). Department of Defense— Army Corps of Engineers of Standards (6) The relationship ^between local short­ Department of Health, Education, and Wel- term uses of man’s environment and the Department of the Navy (ship pollution control) - fare maintenance and enhancement of long-term Department of Housing and Urban Develop­ productivity. National Aeronautics and Space Administra­ tion (remote sensing) ment (land use .and building materials (7) Any irreversible and irretrievable com­ aspects) mitments of resources that would be in­ Department of Transportation— Coast Guard (oil spills, ship sanitation) Department of Labor— Occupational Safety volved in the proposed action should it be and Health Administration implemented. Water Resources Council River Basin Commissions (as geographically Department of Transportation— E n c lo s u r e 6 appropriate) Assistant Secretary for Systems Develop­ Marine Pollution, Commercial Fishery Con­ ment and Technology AREAS OF ENVIRONMENTAL IMPACT AND FEDERAL Federal Aviation Administration, Office of AGENCIES AND FEDERAL-STATE AGENCIES1 WITH servation, and Shellfish Sanitation Department of Commerce— National Oceanic Noise Abatement JURISDICTION BY LAW OR SPECIAL EXPERTISE Environmental Protection Agency TO COMMENT THEREON 2 and Atmospheric Administration Department of Defense— National Aeronautics and Space Administra­ AIR Army Corps of Engineers tion Air Quality Office of the Oceanographer of the Navy RADIATION Department of Agriculture—Forest Service Department of Health, Education, and Wel­ Atomic Energy Commission (effects on vegetation) fare Department of Commerce— National Bureau Atomic Energy Commission (radioactive sub­ Department of the Interior— of Standards stances) Bureau of Sport Fisheries and Wildlife Department of Health, Education, and Wel­ Department of Health, Education, and Wel­ Bureau of Outdoor Recreation fare Bureau of Land Management (outer con­ fare Department of the Interior— Environmental Protection Agency tinental shelf) Bureau of Mines (uranium mines) Geological Survey (outer continental shelf) Department of the Interior— Mining Enforcement and Safety Adminis­ Department of Transportation— Coast Guard Bureau of Mines (fossil and gaseous fuel tration (uranium mines) Environmental Protection Agency Environmental Protection Agency combustion) National Aeronautics and Space Administra­ Bureau of Sport Fisheries and Wildlife tion (remote sensing) HAZARDOUS SUBSTANCES (effect on wildlife) r Water Resources Council Bureau of Outdoor Recreation (effects on Toxic Materials River Basin Commissions (as geographically recreation) Atomic Energy Commission (radioactive sub­ appropriate) Bureau of Land Management (public stances) Water Regulation and Stream Modification lands) Department of Agriculture- Bureau of Indian Affairs (Indian lands) Department of Agriculture— Soil Conserva­ Agricultural Research Service tion Service National Aeronautics and Space Administra­ Consumer and Marketing Service Department of Defense— Army Corps of Engi­ tion (remote sensing aircraft emissions) Department of Commerce— National Oceanic neers Department of Transportation— and Atmospheric Administration Department of the Interior— Assistant Secretary for Systems Develop­ Department of Defense Bureau of Reclamation ment and- Technology (auto emissions) Department of Health”, Education, and Wel­ Coast Guard (vessel emissions) Bureau of Sport Fisheries and Wildlife fare Bureau of Outdoor Recreation Federal Aviation Administration (aircraft Environmental Protection Agency Geological Survey emissions) Department of Commerce— National Oceanic Department of Transportation— Coast Guard and Atmospheric Administration (coastal Weather Modification Environmental Protection Agency areas) National Aeronautics and Space Administra­ Department of Agriculture— Forest Service Department of Defense— Army Corps of En­ tion (remote sensing) Department of Commerce— National Oceanic gineers Water Resources Council and Atmospheric Administration Department of Housing and Urban Develop­ River Basin Commissions (as geographically ment (urban and floodplain areas) appropriate) Department of the Interior— 1 River Basin Commissions (Delaware, FISH AND WILDLIFE Office of Land Use and Water Planning Great Lakes, Missouri, New England, Ohio, Bureau of Outdoor Recreation Pacific Northwest, Souris-Red-Rainy, Susque­ Department of Agriculture— Bureau of Reclamation hanna, Upper Mississippi) and similar Fed­ Forest Service Bureau of Sport Fisheries and Wildlife eral-State ageneies should be consulted on Soil Conservation Service Bureau of Land Management actions affecting the environment of their Department of Commerce— National Oceanic Geological Survey specific geographic jurisdictions. and Atmospheric Administration (marine Environmental Protection Agency (pollution 2 In all cases where a proposed action will species) effects) have significant international environmental effects, the Department of State should be Department of the Interior— National Aeronautics and Space Administra­ consulted, and should be sent a copy of any Bureau of Sport Fisheries and Wildlife tion (remote sensing) draft and final impact statement which cov­ Bureau of Outdoor Recreation River Basins Commissions (as geographically ers such action. Environmental Protection Agency appropriate)

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 NOTICES 34145

Water Resources Council Department of Defense— Department of Commerce X^nri Use in Coastal Areas Armed Services Explosive Safety Board Department of the Interior- Army Corps of Engineers (navigable water­ Office of Coal Research Department of Agriculture— ways) Mining Enforcement and Safety Admin­ Forest Service Department of Transportation— istration Soil Conservation Service (soil stability, Federal Highway Administration, Bureau Bureau of Mines hydrology) of Motor Carrier Safety Geological Survey Department of Commerce— -National Oceanic Coast Guard Bureau of Indian Affairs (Indian lands) and Atmospheric Administration (impact Federal Railroad Administration Bureau of Land Management (public on marine life and coastal zone manage­ Federal Aviation Administration lands) ment) Assistant Secretary for Systems Develop­ Bureau of Sport Fisheries and Wildlife Department of Defense— Army Corps of En­ ment and Technology Bureau of Outdoor Recreation gineers (beaches, dredge and fill permit, Office of Hazardous Materials National Park Service Refuge Act permits) Office of Pipeline Safety Department of Labor— Occupational Safety Department of Housing and Urban Develop­ Environmental Protection Agency and Health Administration ment (urban areas) Department of Transportation ENERGY SUPPLY AND NATURAL RE­ Department of the Interior— Environmental Protection Agency SOURCES DEVELOPMENT Office of-Land Use and Water Planning Interstate Commerce Commission Bureau of Sport Fisheries and Wildlife Electric Energy Development, Generation Tennessee Valley Authority National Park Service and Transmission, and Use Renewable Resource Development, Produc­ Geological Survey Atomic Energy Commission (nuclear) tion, Management, Harvest, Transport, Bureau of Outdoor Recreation Department of Agriculture— Rural Electrifi­ and Use Bureau of Land Management (public cation Administration (rural areas) Department of Agriculture— lands) Department of Defense— Army Corps of En­ Forest Service Department of Transportation— Coast Guard gineers (hydro) Soil Conservation Service (bridges, navigation) Department of Health, Education, and Wel­ Department of Housing and Urban Develop­ Environmental Protection Agency (pollution fare (radiation effects) ment (building materials) effects) Department of Housing and Urban Devel­ Department of the Interior— National Aeronautics and Space Administra­ opment (urban areas) Geological Survey tion (remote sensing) Department of the Interior— Bureau of Land Management (public Redevelopment and Construction In Built- Bureau of Indian Affairs (Indian lands) lands) Up Areas Bureau of Land Management (public Bureau of Indian Affairs (Indian lands) Department of Commerce— Economic Devel­ lands) Bureau of Sport Fisheries and Wildlife opment Administration (designated areas) Bureau of Reclamation Bureau of Outdoor Recreation Department of Housing and Urban Develop­ Power Marketing Administrations Neighborhood Character and Continuity ment Geological Survey Department of the Interior— Office of Land Bureau of Sport Fisheries and Wildlife Department of Health, Education, and Use and Water Planning Bureau of Outdoor Recreation Welfare Department of Transportation National Park Service Department of Housing and Urban Environmental Protection Agency Environmental Protection Agency Development General Services Administration Federal Power Commission (hydro, trans­ National Endowment for the Arts Office of Economic Opportunity mission, and supply) Office of Economic Opportunity River Basin Commissions (as geographically Density and Congestion Mitigation Impacts on Low-Income Populations appropriate) Department of Commerce— Economic De­ Department of Health, Education, and Wel­ Tennessee Valley Authority velopment Administration (designated fare ■ ", ^ Water Resources Council areas) Department of Housing and Urban Develop­ Petroleum Development, Extraction, Refin­ Department of Health, Education, and ment ing, Transport, and Use- Welfare Department of the Interior— Department of the Interior— Department of Housing and Urban Office of Land Use and Water Planning Office of Oil and Gas Development Bureau of Outdoor Recreation Bureau of Mines Office of Economic Opportunity Department of Transportation Geological Survey Environmental Protection Agency Bureau of Land Management (public Historic, Architectural, and Archeological Food Additives and Contamination of Food­ lands and outer continental shelf) Preservation stuffs Bureau of Sport Fisheries and Wildlife Advisory Council on Historic Preservation Pepartment of Agriculture—Consumer and (effects on fish and wildlife) Department of Housing and Urban Marketing Service (meat and poultry prod­ Bureau of Outdoor Recreation Development ucts) National Park Service Department of the Interior— Department of Health, Education, and W el­ Department of Transportation (Transport National Park Service fare and Pipeline Safety) Bureau of Land Management (public Environmental Protection Agency Environmental Protection Agency lands) Pesticides Interstate Commerce Commission Bureau of Indian Affairs (Indian lands) Department of Agriculture— Natural Gas Development^ Production, General Services Administration Agricultural Research Service (biological Transmission, and Use National Endowment for the Arts controls, food and fiber production) Department of Housing and Urban Devel­ Soil and Plant Conservation and Hydrology Consumer and Marketing Service opment (urban areas) Forest Service Department of the Interior— Department of Agriculture Department-of Commerce— National Oceanic Office of Oil and Gas Soil Conservation Service and Atmospheric Administration Geological Survey Agricultural Service Department of Health, Education, and W el­ Bureau of Mines Forest Service fare Bureau of Land Management (public Department of Commerce— National Oceanic Department of the Interior— lands) and Atmospheric Administration Bureau of Sport Fisheries and Wildlife Bureau of Indian Affairs (Indian lands) Department of Defense—Army Corps of En­ (fish and wildlife effects) Bureau of Sport Fisheries and Wildlife gineers (dredging, aquatic plants) Bureau of Land Management (public Bureau of Outdoor Recreation Department of Health, Education, and lands) National Park Service Welfare Bureau of Indian Affairs (Indian lands) Department of Transportation (transport Department of the Interior— Bureau of Reclamation (irrigated lands) and safety) Bureau of Land Management Bureau of Sport Fisheries and Wildlife Environmental Protection Agency Environmental Protection Agency Geological Survey Transportation and Handling of Hazardous Federal Power Commission (production, Bureau of Reclamation Materials transmission, and supply) Atomic Energy Commission (radioactive sub­ Interstate Commerce Commission Environmental Protection Agency stances) Coal and Minerals Development, Mining, National Aeronautics and Space Adminis­ Department of Commerce— Conversion, Processing, Transport, and tration (remote sensing) Maritime Administration Use. River Basin Commissions (as geographically National Oceanic and Atmospheric Admin­ istration (effects on marine life and the Appalachian Regional Commission appropriate) coastal zone) Department of Agriculture— Forest Service Water Resources Council

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34146 NOTICES

Outdoor Recreation W e w ill also approve Resolution 016a Pursuant to authority duly delegated Department of Agriculture— continuing the Mid Atlantic fare devel­ by tiie Board iivthe Board’s Regulations, Forest Service Soil Conservation Service 14 C F R 385.14: Department of Defense—Army Corps of opment program, subject to our previous Engineers condition that all documentation devel­ 1. It is not found that the following resolutions, incorporated in the agree­ Department of Housing and Urban Develop­ oped pursuant to the resolution shall be ment (urban areas) ments indicated and which have indirect Department of the Interior— filed with the Board at the same time it application in air transportation as de­ Bureau of Land Management is circulated to the carrier members of fined by the Act, are adverse to the pub­ National Park Service IATA. lic interest or in violation of the Act: Bureau of Outdoor Recreation Bureau of Sport Fisheries and Wildlife Bureau of Indian Affairs Agreement IATA Title Application Environmental Protection Agency CAB No. National Aeronautics and Space Adminis­ tration (remote sensing) River Basin Commissions (as geographically appropriate) R-9...... 115a Meeting Non-IATA Passenger and Cargo Competition in the Middle 2. Water Resources Council East (New). R-10...... 115e Meeting Fares, Bates and Practices Non-IATA carriers (New)------2. [FR Doc.73-26179 Filed 12-10-73;8:45 am] R-13...... 001b TC2—Special Effectiveness Resolution (Tie-In).------2 (Within Africa). R-15...... 014a Construction Buie for Passenger Fares (Revalidating and Amend- 2 (Within Africa), ing). i R-17...Ì..... 050 First Class Conditions of Service (Revalidating)______2 (Within Africa). CIVIL AERONAUTICS BOARD R-18...... 052 TC2 First Class Fares______;---- - 2 (Within Africa). Economy Class Conditions of Service (Revalidating and Amending). 2 (Within Africa). [Dockets 25661 et al.; Order 73-11-152] R-19___ .... 060 R-20...... 060a Mixed Class Aircraft (Revalidating)...______2 (Within Africa). R-21...... 062 TC2 Economy Class Fares...... —1...... —...... 2 (Within Africa). INTERNATIONAL AIR TRANSPORT 24027: ASSOCIATION R-2...... 022d TC2 Special Rules Relating to Sales of Passenger Air Transportation 2. (Revalidating and Amending). Order Relating to Passenger Fares 24043: R-l...... 001b South Atlantic Special Effectiveness Resolution (Tie-In)...... 1/2 (S. Atl.). N ovem ber 30, 1973. R-2...... 001b South Atlantic Special Effectiveness Resolution (Tie-In)___1/2/3. R-3______OOldd South Atlantic Escape for Normal and Special Fares (New)...... 1/2 (S. Atl.); 1/2/3. Agreements adopted by the Traffic R-4____ .... 002 Standard Revalidation Resolution______...... 1/2 (S. Atl.). Conferences of the International Air R-5____ .... 002 Standard Revalidation Resolution.______1/2/3. R-6...... 054c South Atlantic Normal First Class Fares______1/2 (S. Atl.). Transport Association relating to passen­ R-7____ .... 064c South Atlantic Economy Class Fares...... I ______:. ______1/2 (S. Atl.). ger fares. Agreements have been filed with the Board, pursuant to section 412(a) of the 2. It is not found that the following resolutions, incorporated in the agreements Federal Aviation Act of 1958 (the Act) indicated, affect air transportation within the meaning of the Act: and Part 261 of the Board’s Economic Regulations, between various air carriers, Agreement IATA Title Application foreign air carriers and other carriers, CAB No. embodied in the resolutions of the Traffic Conferences of the International Air 24041: Transport Association (IATA). The R -l...... 014s Special Fares to/from UK (New)----- :i,...... 2. agreements encompass various passenger R -2...... 060b TC2 Mixed Class Aircraft Night Service (New)...... 2. fares for travel within Traffic Conference R-3.___ .... 075a TC2 Common Interest Group Fares (New)...... 2. R-4____ .... 075c TC2 Comirion Interest Group Fares (New)______2. 2 (Europe/Africa/Middle East) and Joint R-5...... 077a TC2 Group Fares for Ship’s Crews (New)______2. Conference 1/2 (South Atlantic). Also R-6...... 077g TC2 Individual Fares for Ship’s Crews (New)*...... —. 2. R-16___ .... 045 Passenger Charters______2 (Within Africa). included is an agreement extending the R-7...... 091b TC2 Family Fares between Points in Middle East' and between 2. Mid Atlantic fare development program. Libya and the Middle East (New). R-8...... 092 Student Fares (Amending)_____ •...------!...... 2. The agreements were finally adopted at R -ll___ .... 150a Fares for Round Trip (New)...... * ...... 2. the Passenger Traffic Conference held in R-12__ _ .... 206 Free or Reduced Rates in Air Car Ferry Service ( N e w ) ...... 2. R-14___ — - 004g Restriction of Applicability Republic of Zaire Kingdom of Burundi 2 (Within Africa). October 1973 at Monaco and are gen­ Republic of Ruanda (Revalidating). erally intended for effectiveness from R-22___ .... 072b TC2 Creative Fares Except Europe...______2 (Within Africa). A p ril 1, 1974 through M arch 31, 1975. R-23___ .... 073a TC2 Night F sires SaUsbury/Bulawayo-Johannesburg (Revalidating 2 (Within Africa), and Amending). The TC2 and South Atlantic agree­ R-24___ .... 075d TC2 Group Travel Discount for Artists, Sportsmen and Supporters 2 (Within Africa). ments affect air transportation as de­ (Revalidating). R-25___ .... 076x Affinity Group F sues within Africa (Revsilidating and Amending).. 2 (Within Africa). fined by the Act only insofar as they in­ R-26___ .... 081f TC2 Group Inclusive Tour Fares—within Africa (Revalidating)___2 (Within Africa). volve normal first class and economy R-27___ .... 091g TC2 Family Fsires within Africa (Revalidating)______2 (Within Africa). R-28___ .... 092t TC2 Special Trainee Fares—Africa (New)______. ___ 2 (Within Africa). fares, which are combinable with nor­ R-29___ .... 311f Charges for Deep Sea Angling and Aqua Lung (Skin Diving) Equip- 2 (Within Africa), mal fares to/from United States points ment (Revalidating). for the construction of through interna­ 24043: R-8...... 070y South Atlantic 60 Day Economy Class Excursion Fares (1 May 1/2 (S. Àtl.). tional fares. In this connection, the TC2 1974) (Revalidating and Amending). agreement includes an extension of sta­ R-9...... ---- 070yy South Atlantic 45 Day Economy Class Excursion Fares (Revali- 1/2 (S. Atl.). dating and Amending). tus quo for first class fares within Africa R-10___ .... 071y South Atlantic 45 Day Economy Class Excursion Fares (1 May 1974) 1/2 (S. Atl.). and increases of approximately two per­ (Revalidating and Amending). R -ll...... 081k South Atlantic 28 Day Group Inclusive Tour Fares (Revalidating 1/2 (S. Atl.); 1/2/3. cent in normal economy fares within and Amending). Africa.1 The South Atlantic agreement would raise first class fares by about two percent, while normal economy fares 3. It is not found that the following resolution, incorporated in the agreêment would be increased approximately four indicated, is adverse to the public interest or in violation of the Act provided that percent. These fares which have indirect approval is subject to conditions previously imposed by the Board: application in air transportation will be approved, and the Board will herein dis­ claim jurisdiction with respect to non- Agreement IATA Title Application combinable fares. CAB No.

1 No agreement was reached on normal first 24027: class or economy fares for Europe or the R-l. 016a Mid Atlantic Fare Development Program (New)___-__ ...i_1/2 (M. Atl.): Middle East.

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 NOTICES 34147

Accordingly, it is ordered T h at; This order will be published in the ment, Docket 25692 ; and Alaska Airlines, 1. Those portions of Agreements C.AJ3. F ederal R e g ister . Inc. and Braniff Airways, Inc. for ap­ 24041, C.A.B. 24027, and C.A.B. 24043 [ s e a l ] E d w i n Z. H o l la n d , proval of equipment interchange agree­ specified in finding paragraph 1 above, Secretary* ment, Docket 25742. which have indirect application in air Notice is hereby given th at the hearing transportation as defined by the Act, be [FR Doc.73-26229 Filed 12-10-73;8:45 am] in this proceeding will be held before the and hereby are approved; undersigned on January 8, 1974, at 10:00 2. Jurisdiction be and hereby is dis­ [Docket No. 23333; Order 73-11-141] a.m. (local time) in Room 911, Universal claimed with respect to those portions INTERNATIONAL AIR TRANSPORT Building, 1825 Connecticut Avenue NW , of Agreeménts C.A.B. 24041 and C.A.B. ASSOCIATION Washington, D.C. 24043 specified in finding paragraph 2 above; and Specific Commodity Rates Dated at Washington, D.C., Decem­ ber 6,1973. 3. That portion of Agreement C.A.B. Agreements have been filed with the 24027 specified in finding paragraph 3 Board pursuant to section 412(a) of the [ s e a l ] H e n r y W h it e h o u s e , above be and hereby is approved, subject Federal Aviation Act of 1958 (the Act) Administrative Law Judge. to conditions previously imposed by the and Part 261 of the Board’s economic [FR Doc.73-26233 Filed 12-10-73;8:45 am] regulations between various air carriers, Board. foreign air carriers, and other carriers Persons entitled to petition the Board embodied in the resolutions of the Joint [Docket 25619; Order 73-12-10] for review of this order pursuant to thè Traffic Conferences of the International DELTA CALIFORNIA INDUSTRIES, INC., Board’s Regulations, 14 C PR 385.50, may Air Transport Association (IATA), and ET AL. file such petitions within ten days after adopted pursuant to the provisions of Resolution 590 dealing with specific Order Granting Exemption the date of service of this order. commodity rates. Adopted by the Civil Aeronautics This order shall be effective and be­ The agreements name additional spe­ Board at its office in Washington, D.C. come the action of the Civil Aeronautics cific commodity rates, as set forth below, on the 4th day of December, 1973. Board upon expiration of the above pe­ reflecting reductions from general cargo Delta California Industries, Inc. (DCI) riod, unless within such period a petition rates; and were adopted pursuant to un­ and Key Air Freight, Inc. (Key) request approval under or exemption from sec­ for review thereof is filed or the Board protested notices to the carriers and promulgated in IATA letters dated No­ tion 408 of the Federal Aviation Act of gives notice that it will review this order vember 12, 1973 and Novem ber 19, 1973, 1958, as amended (the Act) with respect on its own m otion. respectively. to the purchase by DCI of all of the out­ standing stock o f K ey fo r $1,000,000. D C I Agreement Specific is a holding company which controls CAB Commodity Description and Rate Delta Lines, a predominantly intrastate Item No. California trucker with routes extending from the Mexican border to the northern 24072: ¡ Ü H part of the State. It also serves Reno, K - l — c i s a s s 9570 Soda fountain equipment and bartending supplies 77 cents per kg., minimum weight 600 kgs. From Budapest to New York. Nevada. These services are performed 1 1024 Fish, live, inedible, Including aquarium articled * 132 cents per kg., m i n i m u m weight 100 kgs. From Papeete to Los Angeles. under authorization of the California Public Utilities Commission and the In­ terstate Commerce Commission. Delta 1 See tariff for complete commodity item description; Lines owns several other trucking opera­

24084: • ! tors, one of which, California Motor 9516 Handicraft Products190 cents per kg., minimum weight 1,000 kgs. From Casablanca Transport, Inc. d/b/a California Motor to New York. Express (CME) operates extensive routes within California some of which compete 1 See tariff for complete commodity item description; with Delta Lines. The remaining motor Pursuant to authority duly delegated Persons entitled to petition the Board carrier subsidiaries of Delta Lines are by the Board in the Board’s Regu­ for review of this order, pursuant to the pick-up and delivery carriers. The ap­ lations, 14 C PR 385.14, it is not Board’s Regulations, 14 CFR 385.50, may plication further states that Delta Lines found that the subject agreements are file such petitions within ten days after and CME are “long-haul motor carriers’* adverse to the public interest or in the date of service of this order. as defined in § 399.20 of the Board’s violation of the Act, provided that This order shall be effective and be­ Policy Statements and Parts 296 and 297 approval is subject to the conditions come the action of the Civil Aeronautics of the Economic Regulations and that hereinafter ordered. Board upon expiration of the above pe­ the application is intended to furnish the information required by these parts.1 Accordingly, It is ordered, T h a t: riod, unless within such period a peti­ 1. Agreements C.A.B. 24072, R -l and In consideration of these requirements tion for review thereof is filed or the R-2, and C.A.B. 24084, be and hereby are the applicants state that Key is a Cali­ approved, provided that approval shall Board gives notice that it will review this fornia corporation established in 1965, not constitute approval of the specific order on its own motion. that it received domestic (No. 238) and international (No. 326) air freight for­ commodity descriptions contained This order will be published in the therein for purposes of tariff publica­ warder authorizations in July 1966, that F ederal R eg ister . tions; provided further that tariff filings it is an IATA cargo agent, that it is li­ shall be marked to become effective on [ s e a l ] E d w i n Z. H o l la n d , censed by the Federal M aritim e Commis­ not less than 30 days’ notice from the Secretary. sion (No. 1348) as an ocean freigh t fo r­ warder, and that the majority of Key’s date of filing. [FR Doc.72-26228 Filed 12-10-73:8:45 am] 2. The findings and approval herein stock is owned by its officers, directors shall not be deemed to modify the find­ and employees. Applicants submit that ings and Order of the Board in its deci­ [Dockets 25692, 25742] the detailed information contained in ex­ CONTINENTAL AIR LINES, INC., ET AL. hibits to the application with respect to sion in Agreements Adopted by IA T A R e­ its stockholders, financial condition, lating to North Atlantic Cargo Rates, Notice of Hearing on Equipment facilities, equipment and operations Order 73-2-24 of February 6,1973, Order Interchange Agreement shows that Key has been and continues 73-7-9 of July 5, 1973, and Order 73- In the matter of Continental Air Lines, to be a relatively small, well-managed 9-109 o f September 28,1973, and are sub­ Inc. and Western Air Lines, Inc. for ap­ and profitable forwarder. According to ject to all the provisions of such orders. proval of equipment interchange agree­ the application Key has never been cited

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34148 NOTICES for the violation of any government gateways and to establish an effective from the financial management and regulation and its air forwarder opera­ domestic forwarding operation. traffic resources currently subject to tions have satisfied a genuine public In summary, applicants assert that DCI's control. It found such an enter­ need. DCI’s, entry into the air forwarding in­ prise in Key. According to the applica­ DCI is referred to in the application dustry through the acquisition of Key tion DCI fully intends to promote air as a publicly-owned company2 incorpo­ will permit the promotion of air cargo cargo through Key if the pending appli­ rated in California and headquartered in in the following terms: cation is approved by the Board.'In gen­ San Francisco. Delta Lines and CME, 1. Expand the capabilities now offered eral, this promotional effort will be in wholly owned by DCI, are two of Cali­ by K ey to its shippers; three form s: fornia’s largest motor common carrier 2. Permit Key to improve and expand (1) To build upon and expand the Key operations. Other wholly-owned subsidi­ its marketing efforts to enlist new ship­ international operation which, although aries are engaged in local trucking opera­ per customers; historically successful, requires financial tions, sale and distribution of agricul­ 3. Make available to Key sales, leads assistance and technical support in order tural chemicals, ownership and leasing identified by but not available to DCI to expand; of real estate, and bulk grain and fer­ motor carriers; and (2) To establish Key as a more vigo­ tilizer storage and warehousing. Appli­ 4. Make available to Key a portion of rous participant in the domestic industry cants submit that the information con­ the shipments now interlined to other from its current Los Angeles base; and tained in the application demonstrates motor Carriers which may be (Avertible (3) To expand Key’s domestic and in­ that DCI is a dynamic, progressive, for­ from surface to air. ternational operations through the open­ ward looking organization dedicated to The application also requests appro­ in g o f new bases. the promotion of the cargo transport in­ val of interlocking relationships which Implementation of these criteria has dustry and that, as a public service com­ will arise as a result of the holding by resulted in a determination to open DCI pany, it has consistently demonstrated Messrs. Thomas R. D wyer and Thomas F. forw arding stations in San Francisco and a disposition toward compliance with Herman of positions as chairman of the Chicago immediately, to be followed by regulatory mandates. Board and President, respectively, of DCI stations in New York and Philadelphia The agreement between DCI and Key and as directors of Key. Mr. Dwyer is a within months or even weeks after the provides, in summary, for the acquisition partner or director of a number of busi­ pending application is approved. DCI of Key stock in return for cash and ness enterprises, none of which appear has also concluded that Houston, Den­ promissory notes. Of the $1,000,000 pur­ to come within the scope of section 409. ver, Kansas City, St. Louis, Pittsburgh, chase price, DCI will make $300,000 avail­ Mr. Herman holds no positions outside Boston and Minneapolis hold great able at closing and will issue promissory the DCI system of affiliated and subsidi­ promise for success and it proposes to notes fo r $500,000 due January 1, 1974 ary companies. open stations at these cities as soon as and fo r $200,000 due January 1, 1975. An answer in opposition to approval or possible.5 DCI will pay interest at the prime rate in the alternative a request for a hear­ DCI also intends to establish stations on these notes on January 1, 1974, in g has been filed by A ir-S ea Forwarders, at its major areas of concentration within July 1, 1974 and January 1, 1975. Inc. (Air-Sea) together with a motion for California. Specifically, as noted, it plans Insofar as the various requirements of leave to file a la te-filed document.® Th e to open a station immediately in the San § 399.20 are concerned, the application principal thrust of the answer is aimed at Franciso area. It also plans to establish states that the financial and manage­ past misdeeds of persons who are no facilities in San Diego and Sacramento. ment resources of DCI will be made avail­ longer connected with Key and with con­ Its plans with respect to the latter two able to Key thereby enhancing the lat­ flicts of interest of a number of minor cities are more tentative than the an­ ter’s ability to offer exemplary air for­ stockholders of Key. Otherwise the ticipated opening in San Francisco. warding service to its present clientele; answer alleges that the applicants have The foregoing represents DCI’s inten­ that there will be limited changes in failed to make the prima facie showing tion as of this date with respect to fully- Key’s officers and directors; and that required by § 399.20.4 manned air cargo facilities. These sta­ although no definite plans have been On October 10, 1973, applicants filed tions will employ DCI air forwarder adopted, DCI contemplates expansion to a supplemental statement setting forth, personnel and will use DCI forwarder in detail, their plans for establishing a increase the number of international equipment. In addition to these expan­ domestic air freight program and its continued promotion and expansion. The sion moves, the DCI forwarder will enter 1 Sec. 399.20(e) prohibits affirmative action supplement contends DCI is not so much into exclusive and non-exclusive agency on an application without a prima facie a long-haul 'motor carrier but is a re­ arrangements in other locations where showing of conscientious promotion of air cargo in accordance with Sec. 296.83 of the gional cargo distribution company spe­ traffic demands. Board’s Economic Regulations which re­ cializing in the expedited handling of quires, in part, (1) a plan to solicit existing less than truckload (LTD shipments. surface customers for air cargo; (2) an esti­ DCI has-forty-two terminals including 4 Delta Air Lines, Inc. has filed a motion mate of newly generated traffic; (3) an esti­ terminals at all big and medium air hubs and answer objecting to the use of the word mate of present surface traffic subject to “Delta” in connection with Key’s air freight within the State of California. It fore­ forwarding operations. Applicants have filed diversion; (4) an estimate of interline traf­ sees its entry into the air freight for­ fic; and (5) a statement of proposed air cargo an answer and contingent reply. There is no sales force and facilities. In addition to de­ warding industry as a logical extension evidence in the application that applicants termining that such air freight forwarder of its present cargo distribution enter­ intend to change Key’s name to anything authorization should result in substantial prises. Recognizing that the establish­ involving the word “Delta.” Delta’s motion and answer are therefore dismissed without public benefits and would not reduce ef­ ment of a new freight forwarder sub­ fective competition of the existing inde­ prejudice to its filing a separate complaint pendent air forwarder industry, the Board sidiary would, in all likelihood, necessi­ under section 411 of the Act or an objection requires the submission of (1) persuasive tate a period of substantial losses, DCI in connection with a Part 215 proceeding. Applicants shall serve Delta in connection evidence of an applicant’s intention to con­ states that it opted for the acquisition scientiously promote air cargo and (2) a pro­ with a request to the Board for a name posal which by organizational plan and man­ of an established forwarder with demon­ change of Key which includes the word date would guard against any disabling con­ strated capability which could benefit “Delta.” flict of interest between the applicant’s oper­ 5 The application states that the con stit­ ations with the related surface operations of uent parts of DCI operat as separate profit the parent. 8 The original application was filed June 12, centers and that it is contemplated that 2 While this may be technically factual for 1973. The motion and answer by Air-Sea was Key will function in substantially the same SEC and state regulatory purposes, in fact filed July 10,1973. manner. It is further indicated that in terms 14.8 percent of DCI’s stock is publicly traded Applicants have filed an answer and con­ of day-to-day operations Key will maintain over the counter. Except for 2 percent of the tingent reply to Air-Sea’s motion and answer its independence from the DCI motor car­ stock owned by employees, the balance is and the National Customs Brokers and For­ rier operations, will continue to employ its owned by two families, Dwyer (71.8 percent) warders Association has filed a letter sup­ own officers, will have its own operational and Wilson (11.4 percent). porting Air-Sea’s position in principle. equipment and will occupy its own facilities.

FEDERAL REGISTER, VOL. 38, NO. 237— -TUESDAY, DECEMBER 11, 1973 NOTICES 34149

The statement also contains data and tion 408(a)(5) of the Act. In reaching The Board concludes that exemption of forecasts of potential air cargo traffic, this conclusion we have carefully consid­ the above-described transaction, and re­ absence o f significant diversionary im ­ ered the comments of Air-Sea as those sulting control relationships pursuant to pact on other indirect or direct air car­ comments relate to the Board’s expres­ section 408(a)(5) would, subject to ap­ riers and other relevant information. sion o f its policy w ith respect to the entry propriate terms and conditions, be in the Air-Sea has filed an answer to the of long-haul truckers into air freight for­ public interest. ^ supplemental statement which reiterates warding as set forth in the “Motor Car­ Accordingly, it is ordered T h at; its opposition to the acquisition on rier-Air Freight Forwarder Investiga­ 1. The common control by DCI of Key, grounds previously stated. In addition tion.” '7 Air-Sea’s objections are based on Delta Lines and CME as described here­ Air-Sea argues that DCFs claim that its Key’s past misdeeds which are no longei in be and it hereby is exempted from the trucking operations are geographically in issue;8 on the conflicts of interest of provisions of section 408 of the Act pur­ limited belies the fact that Delta Lines’ Key’s stockholders which will be elimi­ suant to the proviso of subsection (a) (5) revenues ($34 m illion ) place it among nated by the acquisition; and, in its lat­ thereof; the top 6 per cent of all ICC licensed est pleading, on the adverse effect that 2. The exemption granted herein shall truckers and that DCI should not be al­ DCFs size and resources might have on be effective for a period of five years lowed to make less than a prima facie the local (Los Angeles) air freight for­ from the effective date of Order 69-4- case for promotion and development of warding industry. 100; domestic air freight on the ground that We conclude that the applicants have 3. Jurisdiction in this proceeding be it is a regional carrier. Air-Sea claims made a reasonable case for the promotion and it hereby is retained over the con­ that DCFs forecasts and data on po­ and development of air freight from trol and interlocking relationships tential air cargo are inaccurate and/or sources other than the local (Los An­ herein for the purpose of taking such conjectural and should be open to cross- geles) market. With full consideration further action, with or without a hear­ examination rather than be kept con­ given to Air-Sea’s additional limited fac­ ing, as may be in the public interest ; fidential as DCI has requested. Air-Sea tual representations, its request that the 4. The motion of Air-Sea for leave to argues that DCFs forecasts indicate that Board deny approval of the application file a late-filed document be and it here­ the bulk of its air forwarding revenues or alternatively set the matter down for by is granted and the answer of Air-Sea will come from domestic operations; that hearing does not, on the basis of the en­ requesting disapproval of the applica­ Key has not demonstrated capability in tire record, appear to be meritorious. tion or for a hearing thereon be and it domestic operations; that such opera­ With regard to Air-Sea’s contention that hereby is denied; and tions, according the supplemental state­ approval of the application would, in ef­ 5. Except to the extent granted herein ment, w ill be founded on the assignments fect, prejudge the long-haul motor car­ all other requests be and they hereby are of Delta Lines’ salesmen to promote and rier renewal proceeding, the Board, in its dismissed. sell air cargo and th at this is in com­ opinion in the “Investigation,” reserved plete conflict with the Board’s require­ the power to suspend the processing of This order shall be published in the ment that a separate sales force should new applications and, if necessary, to F ederal R eg ister . be assigned the goal of selling air cargo. terminate outstanding licenses. Since the By the Civil Aeronautics Board. Air-Sea further contends that, with at instant application concerns the acquisi­ tion of outstanding licenses, DCI/Key [ s e a l ] E d w i n Z. H o l l a n d , least 15 Key stockholders being repre­ Secretary sentatives of shippers and air carriers, will be required to show that the opera­ Key may be nothing but a dummy for­ tions forecasts in the application and [PR Doc.73-26230 Filed 12-10-73;8:45 am] warder. If these practices are rewarded supplemental statement have been, in fact, substantially undertaken in order by approving this application, Air-Sea HAWAIIAN AIRLINES, INC. AND believes that whatever rationality is left to avoid a possible finding that one or AEROLINEE ITAVIA, S.P.A. in the West Coast international for­ both of Key’s operating authorizations warder market will be lost. Air-Sea fur­ should be terminated. [Docket 26144] ther submits that approval of the appli­ In light of the foregoing, the Board Notice of Proposed Approval cation would amount to prejudgment of finds that the proposed acquisition of the issues in the long-haul m otor carrier Key by DCI will not result in conflicts Application of Hawaiian Airlines, Inc. renewal case which arises when the of interest sufficient to preclude such ac­ and Aerolinee Itavia, S.P.A. for approval present air freight forwarder authority quisition. The Board further finds that of an agreement or, in the alternative, held by such motor carriers expires on the long-haul motor carrier applicant is a disclaimer of jurisdiction, Docket 26144. April 20, 1974 and that under those cir­ capable of participating in the proposed Notice is hereby given, pursuant to the cumstances it would be premature and air transportation and of conforming to statutory requirements of section 408(b) prejudicial to grant pendente lite exemp­ the provisions o f the A ct and a ll rules and of the Federal Aviation Act of 1958, as tion authorizations to additional long- requirements thereunder; that the appli­ amended, that the undersigned intends to haul motor carriers. cant will conscientiously promote air issue the attached order under delegated Upon consideration of the foregoing cargo and will benefit air transportation; authority. Interested persons are hereby it is concluded that Key is an indirect air and that the applicants’ operations will afforded until December 20, 1973 within carrier and that DCI, through its subsid­ not create a monopoly or monopolies and which to file comments or request a hear­ iaries, is a long-haul motor common car­ rier, all within the meaning of the thereby restrain competition or jeopard­ ing with respect to the action proposed Board’s regulations. The interlocking ize another air carrier, or will otherwise in the order. relationships of Messrs. Dwyer and Her­ be inconsistent with the public interest. Dated at Washington, D.C., Decem­ man also appear to come w ithin the ber 6, 1973. scope o f section 409 o f the Act.« 7 Order 89-4-100, April 21,1969. The Board’s In considering the merits of the appli­ W il l ia m B . C a l d w e l l , Jr., opinion, in brief, reflected the view that it Director, cation, we have carefully reviewed the was in the public interest to permit the moni­ data set forth therein and all other sub­ tored entry of long-haul motor carriers into Bureau of Operating Rights. missions by the parties and have decided air freight forwarding because of the public Application of Hawaiian Airlines, Inc., and to grant applicants’ request for an ex­ benefits that would flow from mcreased pro­ Aerolinee Itavia, S.PA. for approval of an emption pursuant to the proviso of sec- motion of air cargo transportation. The Board agreement or, In the alternative a disclaimer stated that neither the size, geographical ex­ of jurisdiction. tent or surface general commodity rights Order of Approval 8 Sine© it appears that these relationships would, of themselves, bar a trucker from the come within the scope of the exemption pro­ air freight forwarding business. Pursuant to the third proviso of section vided by Part 287 of the Economic Regula­ 8 The unlawful activities in question have 408(b) of the Federal Aviation Act of 1958, tions, the application will be dismissed to the long since been terminated, and the rec­ as amended (the Act) Hawaiian Airlines, extent it requests approval of these rela­ ord shows that Key’s present compliance Inc., (Hawaiian) and Aerolinee Itavia, 8.PA. tionships. disposition is satisfactory. (Itavia) request approval without a hearing

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34150 NOTICES of a lease agreement by which Hawaiian pro­ Upon consideration of the foregoing it is F R 31556, Novem ber 15,1973), to Decem­ poses to lease one DC-9-31 aircraft to Itavift concluded that Hawaiian is an air carrier and ber 18,1973, at 10:00 a.m. (local time) in for a period of fifteen months. In the alter­ Itavia is a phase of aeronautics, both within Room 911, Universal Building, 1825 Con­ native, the applicants request a disclaimer the meaning of section 408(a) (2) of the Act. It is also concluded that the subject lease necticut Avenue NW „ Washington, D.C. of jurisdiction over the transaction. Notice is also given that the hearing Hawaiian is a certificated air carrier au­ transaction does not come within the 10 thorized by the Board to provide scheduled percent rule of thumb, as previously ex­ may be held immediately following con­ and charter service between all points in the pressed,2 and that it therefore involves a sub­ clusion of the prehearing conference un­ State of Hawaii. Itavia is an Italian domestic stantial part of the properties of Hawaiian less a person objects or shows reason for air carrier authorized by the Government of also within the meaning of that section. It is postponement on or before December 12, Italy to provide air transportation services. further concluded .however, that the tran­ 1973. Hawaiian and Itavia have entered into an saction does not affect the control of an air arrangement by which Itavia will lease one carrier directly engaged in the operation of Dated at Washington, D.C., Decem­ DC—9—31 aircraft now in the possession of aircraft in air transportation, does not result ber 6, 1973. Hawaiian for a period of fifteen months, com­ inc reating a monopoly, and does not tend [ s e a l ] T h o m a s P . S h e e h a n , mencing March 15, 1974. The lease covers the to restrain competition. No person disclosing aircraft, two engines and all other equipment a substantial interest in the proceeding is Administrative Law Judge. and accessories attached thereto. The aircraft currently requesting a hearing and it is con­ [FR Doc.73-26232 Filed 12-10-73;8:45 am] is owned by McDonald Douglas Finance Cor­ cluded that the public interest does not re­ poration ( MDFC) and was leased to Hawaiian quire a hearing. The transaction is similar pursuant to an agreement dated October 31, to others which have been approved by the FEDERAL COMMUNICATIONS 1969. Board,3 and is not found to be inconsistent COMMISSION Hawaiian states that it has determined that with the public interest nor does it appear its short range aircraft needs are such- that that the conditions of section 408 will be [Docket No. 19882 etc.; File No. BP-19402 it would be advantageous for it to sublease otherwise unfulfilled. etc.; FCC 73-1249] the aircraft rather than retain possession it­ Pursuant to authority duly delegated by JIMMIE H. HOWELL ET AL self, and, therefore, has negotiated the in­ the Board in the Board’s Regulations, 14 stant transaction with Itavia and has entered CFR 385.3 and 385.13, it is found that the Order Designating Construction Permit into the agreement as a result of arm’s length foregoing transaction should be approved Applications for Consolidated Hearing bargaining. under section 408 of the Act, to the extent Hawaiian will be paid an amount equal to applicable, without a hearing, and that the In re applications o f: $57,090 per month as basic rental for the air­ application otherwise should be dismissed. Jimmie H. Howell, Milton, Florida; craft with the rent for the first and last Accordingly, if is ordered That: Requests: 1330 kHz, 5 kW, Day; Docket month to be paid in advance. In addition, 1. The subject lease transaction between No 19882, File No. BP-19402. Itavia will be required to pay $75 per flight Hawaiian Airlines, Inc., and Aerolinee Itavia, H. Byrd Mapoles, tr/as Mapoles per hour as a usage charge. S.F.A., as described in the application in Broadcasting Company, Milton, Florida; Itavia is required to maintain the aircraft Docket 26144, be and it hereby is approved Requests: 1330 kHz, 5 kW, Day; Docket in accordance with Federal Aviation Admin­ pursuant to section 408(b) of the Act; and No. 19883, File No. BP-19403. istration standards and is required to oper­ 2. To the extent not granted, the applica­ Aaron J. Wells, Milton, Florida; Re­ ate the aircraft so as to maintain the U.S. tion in Docket 26144 be and it hereby is registration of the aircraft. Further, Itavia quests : 1330 kHz, 5 kW, Day, Docket No. dismissed. is obligated to secure necessary insurance at 19884, F ile No. BP-19430. its expense and it guarantees complete in­ Persons entitled to petition the Board for Radio Santa Rosa, Inc., Milton, Flor­ demnification of Hawaiian with respect to review of this order pursuant to the Board’s Regulations, 14 CFR 385.50, may file such ida; Requests: 1330 kHz, 5 kW, Day; any acts or omissions caused by it Docket No. 19885, File No. BP-19431. The applicants contend that this lease petitions within five days from the date of transaction does not constitute the lease of a service of this order. For construction permits. “substantial part” of the property of Ha­ This order shall be effective and become the waiian and, accordingly, the Board should action of the Civil Aeronautics Board upon I. The Commission has for considera­ disclaim jurisdiction over the arrangement. expiration of the above period unless within tion the above-captioned mutually ex­ The applicants state that Hawaiian’s present such period o petition for review thereof is clusive applications seeking to replace fleet consists of nine DC—9 aircraft and, filed, or the Board gives notice that it will the deleted facilities of former station although a lease involving one of nine DC-9’s review this order on its own motion. WEBY, Milton, Florida. does not come within the Board’s rule of By William B Caldwell, Jr., Director, Bu­ 2. The application of Jimmie H. Howell thumb with respect to disclaimer of jurisdic­ reau of Operating Rights. indicates that he was indicted by the tion,1 the lease of this one aircraft, especially [ s e a l ] E d w in Z . H o l l a n d , Santa Rosa G rand Jury on A p ril 20,1973. for such a relatively short term, should not Secretary. be construed as a transfer of a substantial Howell, a County Commissioner, was part of Hawaiian’s fleet. [FR Doc.73-26231 Filed 12-10-73;8:45 am] charged w ith soliciting a $4,000 bribe In 'the event the Board determines that it from the manager of a heavy equipment is not willing to disclaim jurisdiction over the transaction, the applicants contend that [DOCKET 25814] company in connection with the award­ the lease agreement should be approved pur­ ing of county contracts in violation of MAERSK AIR l/S suant to the third proviso of section 408(b) Florid a Statute 838.02. In ligh t of of the Act. In this connection, the applicants Notice of Postponement of Prehearing Howell’s alleged criminal activity, the assert that approval of the transaction will Conference and Hearing materially assist Hawaiian in improving its Commission is unable at this time to financial position and will indirectly assist Notice is hereby given that the pre- make a determination as to whether he the balance of payments position of the hearing conference and hearing in the has the requisite qualifications to be a United States. above-entitled proceeding have been No objections to the application or re­ postponed from December 12, 1973 (38 broadcast licensee. We have decided, quests for a hearing have been received. therefore, to order that in the event the Notice of intent to dispose o f the applica­ Administrative Law Judge determines 1 See, for example, Frontier Airlines, Inc., tion without a hearing has been published in that Jimmie H. Howell is the preferred the F ederal R e g iste r , and a copy of such Order 70-11-13, November 4, 1970; Allegheny notice has been furnished by the Board to Airlines, Inc., Order 70-11-14, November 4, applicant, he shall withhold his Initial the Attorney General not later than the day 1970. Decision until notified by the applicant 2 Footnote 1, supra. following the date of such publication, both of the result of the criminal proceedings. in accordance with the requirements of sec­ a See Order 72-3-84, March 24, 1972, and tion 408(b) of the Act. Order 73-3-25, March 9, 1973. Upon notification indicating that Howell

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 NOTICES 34151

has not been acquitted, the Administra­ Act of 1934, as amended, and § 1.594 of The Committee was established to ad­ tive Law Judge shall add such further the Commission’s rules, give notice of vise the Administrator, FEÓ with respect issues and hold such further proceedings the hearing, either individually or, if to general petroleum aspects of interests as may be necessary to determine feasible and consistent with the rules, and problems related to the policy and Howell’s qualifications. jointly, within the time and in the man­ implementation of programs to meet the 3. The information concerning the ner prescribed in such rule, and shall current national enérgy crisis. The pur­ aforementioned indictm ent was first con­ advise the Commission of the publication pose of the meeting is to hear the views tained in an amendment filed by Howell o f such notice as required by § 1.594(g) o f of the areas represented. on November 6, 1973. Since the indicte the rules. The meetings are open to the public, ment was returned by the grand jury in Adopted: November 28, 1973. however, space and facilities are limited. April of 1973, and since during the in­ Further information concerning the terim six-month period Howell filed sev­ Released: December 4,1973. meetings may be obtained from Mr. Dell eral amendments without disclosing the F ederal C ommunications V. Perry, Assistant Director, Office of Oil indictment, a substantial question exists C o m m is s io n , and Gas, U.S. Department of the Inte­ as to whether he has complied with the [ s e a l ] V in c e n t J. M u l l i n s , rior, Washington, D.C., Area Code 202- provisions of § 1.65 of the Commission’s Secretary. 343-6951. Minutes of the meetings will be rules. Thus, we have included an issue made available for public inspection two with respect thereto. [PR Doc.73-26219 Piled 12-10-73;8:45 am ] weeks after the meetings at the Office 4. Except as indicated by the issues of Oil and Gas, Washington, D.C. specified below, the applicants are quali­ [Docket No. 19660; RM-690] Due to the recency of the establish­ fied to construct and operate as pro­ ment of the Federal Energy Office, the posed. Since they are m utually exclusive, INTERNATIONAL RECORD CARRIERS establishment of the Petroleum Industry however, they must be designated for Scope of Operations in the Continental Advisory Committee (Independent Sec­ hearing in a consolidated proceeding U.S.; Memorandum Opinion and Order tor) , and the urgency for holding meet­ on the issues specified below. Instituting Investigation; Correction ings, more timely notice was not possible. 5. Accordingly, it is ordered, T h a t pur­ 1. Paragraph 18 of the Memorandum Dated: December 8,1973. suant to section 309(e) o f the Commu­ Opinion and Order in the above- nications Act of 1934, as amended, the captioned matter released November 26, W . E. S im o n , applications are designated for hearing 1973 (38 F R 32967) is amended to include Administrator. in a consolidated proceeding, at a time the United States-Liberia Radio Corpo­ [PR Doc.73—26338 Piled 12-10-73;9:47 am] and place to be specified in a subsequent ration as a p arty respondent to the inves­ Order, upon the follow in g issues: tigation instituted therein. 1. To determine whether Jimmie H. FEDERAL POWER COMMISSION Howell has complied with the provisions Released: Novem ber 27, 1973. [Docket No. E-8530] of § 1.65 of the Commission’s rules by F ederal C ommunications BUCKEYE POWER, INC. keeping the Commission advised of sub­ C o m m is s io n , stantial changes in his status and in­ [ seal ] V in c e n t J. M u l l i n s , Notice of Application forming the Commission of all matters Secretary. D e cem ber 4,1973. of decisional significance and, if not, the effect of such non-compliance upon his [PR Doc.73-26221 Filed 12-10-73;8:45 am ] Take notice that on November 30, basic and/or com parative qualifications. 1973, and pursuant to section 204 of the 2. T o determ ine which o f the proposals FEDERAL ENERGY OFFICE Federal Pow er Act, 16 U.S.C. 824c, Buck­ would, on a com parative basis, best serve eye Power, Inc. (Applicant) of Colum­ the public interest. PETROLEUM INDUSTRY ADVISORY bus, Ohio, filed an application seeking 3. To determine, in the light of the COMMITTEE the Commission’s approval for the is­ evidence adduced pursuant to the fore­ Notice of Meeting suance of long-term obligations in the form of first mortgage bonds for private going issues, which of the applications Notice is hereby given in accordance Should be granted. placement, such bonds to be issued on or with Pub. L. 92-463, that there will be a before December 31, 1976, with a final 6. It is further ordered, That if the meeting of the Petroleum Industry Ad­ Administrative Law Judge determines maturity date of not later than Octo­ visory Committee (Independent Sector). ber 1, 2008. that Jimmie H. Howell is the preferred The Committee is composed of repre­ applicant, he shall withhold his Initial The net proceeds from the sale of the sentative groups identified by geographic bonds will be used to provide funds for Decision until notified by the applicant regions as follows: Northeast Area, of the result of the criminal proceedings the Applicant’s construction program. Rocky Mountain Area (Petroleum Ad­ Pursuant to § 34.1a(a) (4) of the Com­ in the Circuit Court of the First Judicial ministration District IV) ; Eastcoast mission’s regulations under the Federal Circuit of Florida, Case No. 73-5231F, Area (PAD I), Midwest Area (PAD II), Power Act, 18 CFR 34.1a(a)(4), Appli­ and upon n otification that Jim m ie H. Texas and Southern Areas (PAD HD, Howell has not been acquitted, shall add Westcoast Area (PAD V ), and Washing­ cant seeks exemption from the competi­ tive, bidding requirements of § 34.1a(b) such further issues and hold such ton, D.C. Area (Le., association repre­ further proceedings as may be necessary and (c ). At page 9 of the application It sentatives). Individual groups will meet is stated that: to determine Howell’s qualifications to in Washington, D.C. at the Treasury be a licensee of the Commission. Building, 15th and Pennsylvania Avenue, Compliance with the competitive bidding 1. It is further ordered, That, to avail NW. on the date and time set forth requirements of paragraphs (b) and (c) of themselves of the opportunity to be below: § 34.1a would not be appropriate to aid the heard, the applicants herein, pursuant to Commission to determine whether any fees, § 1.1221 (c) of the Commission’s rules, Northeast Area, Wednesday, December 12, commissions, or other remuneration to be in person or by attorney, shall, within 1973.10 a.m„ Rm. 4121. paid, directly or indirectly, in connection Rocky Mountain Area, Wednesday, Decem­ with the issue, sale or distribution of the 20 days of the mailing of this Order, ber 12,1973,1 p.m. Rm. 4121. Bonds, or whether such issue or sale or any file with the Commission in triplicate, a Washington, D.C. Area, Monday, December 17, term or condition of such issue or sale is written appearance stating an intention 1973.10 a.m., Rm. 4426. not consistent with the nubile interest. to appear on the date fixed for the hear­ East Coast Area, Wednesday, December 19, 1973.10 a.m., Rm. 4426. Any person desiring to be heard or to ing and present evidence on the issues Midwest Area, Wednesday, December 19, 1973, make any protest with reference to such specified in this Order. 2 p.m., Rm. 4426. application should, on or before Decem­ 8. It is further ordered, That the ap­Texas and Southern Area, Thursday, Decem­ ber 17, 1973, file with the Federal Power ber 20, 1973, 10 a.m., Rm. 4426. Commission, Washington, D.C. 20426, plicants herein shall, pursuant to sec­ West Coast Area, Thursday, December 20, petitions to intervene or protests in ac­ tion 311(a)(2) of the Communications 1973,1 p.m., Rm. 4426. cordance with the requirements of the

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 No. 237—Pt. I-— 8 34152 NOTICES

Commission’s rules of practice and proce­ Commission, Washington, D.C. 20426, slon and are available for public dure, 18 CFR 1.8 or 1.10. A ll protests filed petitions to intervene or protests in ac­ inspection. with the Commission will be considered cordance with the requirements of the K e n n e x s JP. P l u m b , by it in determining the appropriate ac­ Commission’s rules of practice and pro­ Secretary. tion to be taken but will not serve to cedure (18 CFR 1.8 or 1.10). All protests [F R Doc.73-26198 Filed 12-10-73:8:45 am] make the protestants parties to the pro­ filed with the Commission will be con­ ceeding. Any person wishing to become a sidered by it in determining the appro­ party to a proceeding or to participate as priate action to be taken but will not [Docket No. E-8512] a party in any hearing therein must file serve to make the protestants parties to DETROIT EDISON CO. a proceeding. Persons wishing to become petitions to intervene in accordance with Electricity Supply Agreement the Commission’s rules. The application parties to a proceeding or to participate is on file with the Commission and is as a party in any hearing therein must D ecem ber 4, 1973. available for public inspection. file petitions to intervene in accordance Take notice that on November 19,1973, with the Commission’s rules. The appli­ Detroit Edison Company (Company) K e n n e t h P . P l u m b , cation is on file with the Commission and Secretary. tendered for filing with the Commission available for public inspection. an Electricity Supply Agreement and [FR Doc.73-26192 Filed 12-10-73;8:45 am] K e n n e t h F. P l u m b , rate schedule entered into with the Vil­ Secretary. lage of Sebewaing, Michigan. The pro­ [Project No. 2734] posed effective date of the agreement is [F R Doc.73-26189 Filed 12-10-73:8:45 am] Novem ber 15, 1973. CAROLINA POWER AND LIGHT CO. Detroit Edison states that the service Notice of Application for Preliminary [Docket No. 13-8493] is to be at 2.4 K v and is scheduled to com­ Permit Unconstructed Project COMMONWEALTH EDISON mence on or as soon after November 15, 1973 that service can reasonably be pro­ D ecem ber 4, 1873. Proposed Changes In Rates, Charges, and vided by the company. The company esti­ Public notice is hereby given that ap­ New Electric Service Agreements mates that the Village of Sebewaing will plication for preliminary permit has D ecem ber 4, 1973. have a demand of 2100 kilowatts and use been filed under the Federal Power Act Take notice that Commonwealth Edi­ 1,250,000 kilowatt hours monthly. The (16U.S.C. 791a-825r) by Carolina Power son (Commonwealth) on November 16, company further estimates that the first & Light Company (Correspondence to: 1973, tendered for filing forty Revised year’s revenue w ill be $210,000.00. Mr. J. A. Jones, Executive Vice Presi­ Sheets to its FPC Electric Tariff govern­ Detroit Edison requests that the thirty dent, Carolina Power & Light Company, ing service for resale. Also, Common­ day prior notice requirement be waived 336 Fayetteville Street, Raleigh, North wealth tendered for filing several changes due tothe urgency of the energy shortage Carolina 27602), for proposed Project No. to its FPC Electric Tariff to comply with situation in which the V illage o f Sebewa­ 2734, on the Sugarcamp Branch o f B ig an antitrust review by the United States ing finds itself. Pine Creek and Pawpaw Creek, tribu­ Department of Justice. This review was Any person desiring to be heard or to taries of the French Broad River, in the conducted in connection with an appli­ protest said filing should file a petition vicinity of the Town of Marshall in Mad­ cation by Commonwealth Edison Com­ to intervene or protest with the Federal ison County, and in the region of Bun­ pany to construct two nuclear electric Power Commission, 825 North Capitol combe County, North Carolina. generating units at a proposed station Street, NE, Washington, D.C. 20426, in According to the application, the po­ near Seneca, Illinois. This filing also in­ accordance with §§ 1.8 and 1.10 of the tential Madison County Pumped Storage cludes revised Electric Service Contracts Commission’s rules of practice and pro­ Project would consist of: (1) an upper for all the municipalities (Batavia, St. cedure (18 CFR 1.8, 1.10). All such peti­ reservoir having a tentative maximum Charles, Geneva, Naperville, Rock Falls, tions or protests should be filed on or be­ pool elevation of 3,400 feet (m.s.l.) Rochelle, and Winnetka) supplied under fore December 14, 1973. Protests will be formed by a rockfill dam on Sugarcamp the FPC Electric Tariff reflecting the considered by the Commission in deter­ Branch of Big Pine Creek with an ap­ aforementioned revisions in the Tariff mining the appropriate action to be proximate height of 360 feet; (2) a lower and including the municipalities taken, but will not serve to make pro­ reservoir having a tentative maximum agreement. testants parties to the proceeding. Any pool elevation of 2,200 feet (m.s.l.) Commonwealth also requested that the person wishing to become a party must formed by a main rockfill dam having a 30 day notice requirement of § 35.11 of file a petition to intervene. Copies of this height of about 290 feet on Pawpaw the Commission’s regulations be waived filing are on file with the Commission Creek about one mile upstream from the to permit initiation of service to the and are available for public inspection. junction of Pawpaw Creek and the new points of delivery of Naperville and French Broad River, and a saddle dam K e n n e t h F. P l u m b , Rock Falls. Service to Naperville began Secretary. of rockfill construction about 125 feet on October 9, 1973, and service to Rock high at the divide between Pawpaw Creek Falls is expected to begin on December 1, [FR Doc.73-26188 FUed 12-10-73:8:45 am] and Little Pine Creek; (3) connecting 1973. pressure tunnels and penstocks; and (4) Any person desiring to be heard or [Docket No. E-8453] a powerhouse (possibly underground) lo­ to protest said filing should file a petition cated adjacent to the lower reservoir to to intervene or protest with the Federal DETROIT EDISON CO. house and installed capacity of not less Power Commission, 825 North Capitol Notice of Application that 1,000 megawatts or an ultimate in­ Street, NE., Washington, D.C. 20426, in D ecem ber 4, 1973. stallation of 2,000 megawatts. Reversible accordance with §§ 1.8 and 1.10 of the pump-turbine motor-generator units of Commission’s rules of practice and pro­ Take notice that on October 23, 1973, undetermined ratings would operate cedure (18 CFR 1.8, 1.10). All such pe­ Detroit Edison Company (Applicant), under an average head range of about titions, or protests should be filed on filed a Supplemental Application with 1,175 feet. Power develop»! by the project or before December 17,1973. Protests w ill the Federal Power Commission seeking would be used by the Applicant to sup­ be considered by the Commission in de­ authority to extend the final issue date plement future load requirements. No termining the appropriate action to be on $200,000,000 short-term promissory construction is authorized under a pre­ notes, previously authorized, from De­ liminary permit. taken, but will not serve to make pro­ Any person desiring to be heard or testants parties to the proceeding. Any cember 31, 1973 to December 31, 1974, to make protest with reference to said person wishing to become a party must and to extend the final maturity date application should on or before Febru­ file a petition to intervene. Copies of from December 31, 1974 to December 31, ary 4, 1974, file with the Federal Power this filing are on file with the Commis- 1975.

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 NOTICES 34153

Applicant is incorporated under the wishing to become parties to a proceed­ vene. Copies of this filing axe on file with laws o f the State o f M ichigan with its ing or to participate as a party in a hear­ the Commission and are available for principal business office at Detroit* Mich­ ing related thereto must file petitions to public inspection. igan, and is engaged in the generation, intervene in accordance with 18 CFR K e n n e t h F. P l u m b , transmission and sale of electric energy 1.8. throughout the State of Michigan. All protests filed with the Commission Secretary. The proceeds from the notes will be will be considered by it in determining [FR Doc.73-26194 Filed 12-10-73;8:45 am] used for the construction, completion, the appropriate action to be taken, but extension and improvement of the Ap­ will not serve to make the protestants plicant’s facilities. parties to the proceeding. [Docket No. E—8432] Any person desiring to be heard or to The application referred to herein is LOUISIANA POWER & LIGHT make any protest w ith reference to said on file with the Commission and is avail­ application should on or before Decem­ able fo r public inspection. * Notice of Application ber 17, 1973, file with the Federal Power D ecem ber 5, 1973. K e n n e t h F. P l u m b , Commission, Washington, D.C. 20426, pe­ Secretary. Take notice that Lousiana Power & titions or protests in accordance with Light (Applicant) submits for filing the [FR Doc.73-26185 Filed 12-10-73;8:45 am] the requirements of the Commission’s documents discussed below. The Agree­ rules o f practice and procedure (18 CFR ment between Applicant and Pointe 1.8 or 1.10). All protests filed with the [Docket Nos. RP71—15, et al.] Coupee Electric Membership Corpora­ Commission will be considered by it in tion) dated September 14, 1968, is ex­ determining the appropriate action to be EAST TENNESSEE NATURAL GAS CO. tended to May 29, 1980 and provides for taken but will not serve to make the Notice of Proposed PGA Rate Adjustment increasing the capacity of Delivery Protestants parties to the proceeding. D ecem ber 4,1973. Point No. 1 (FPC Rate Schedule No. 35) Persons wishing to become parties to a to 8,500 kilowatts and 34,500 volts. proceeding or to participate as a party Take notice that on November 16,1973, Delivery Point No. 2 of Claiborne in any hearing therein must file petitions East Tennessee Natural Gas Company Electric Cooperative, Inc., Exhibit II, to intervene in accordance with the Com­ (East Tennessee) tendered for filing as Page 1, FPC Rate Schedule No. 42, Sup­ mission’s rules. The application is on file part of its FFC Gas Tariff, Sixth Re­ plement-No. 4 was increased July 18,1973 with the Commission and available for vised Volume No. 1, Sixth Revised Sheet to an initial capacity of 8,300 kilowatts public inspection. No. 4 proposed to be effective January 1, and a minimum of 1,100 kilowatts. De­ 1974. livery Point No. 9 of Claiborne Electric K e n n e t h F. P l u m b , East Tennessee states that the sole Secretary. Cooperative, Inc., Exhibit II, Page 2, FPC purpose of these revised tariff sheets is Rate Schedule No. 42, Supplement No. 4, [PR Doc.73-26193 Piled 12-10-73;8:45 am] to adjust East Tennessee’s rates pursuant has been discontinued and the load has to the PGA provision in section 22 of the been shifted to Delivery Point No. 2, dis­ General Terms and Conditions approved [Docket No. E-8480] cussed above. Delivery Point Nos. 11 and by the Commission’s order of Septem­ 12 of the Claiborne Electric Cooperative, DUQUESNE LIGHT CO. ber 25, 1972, in Docket Nos. RP71-15, et Inc., Exhibit II, Page 3, FPC Rate Sched­ -- Notice of Application al. East Tennessee further states that ule No. 2, Supplement No. 4, ,began tak­ such tariff sheets reflect an adjustment ing service on July 5, 1971, and July 21, D ecem ber 5, 1973. based on (1) the increased rates of its 1971 respectively. Claiborne Delivery Take notice that the Duquesne Light sole supplier, Tennessee Gas Pipeline Point No. 13, began initial service on De­ Company (Applicant) has transmitted Company, a Division of Tenneco Inc. cember 20, 1972, and has been added to for filing with the Commission, pursuant (Tennessee), which were suspended until Exhibit n, Page 3, FPC Rate Schedule to section 205 of the Federal Power Act, January 1, 1974, by the Commission’s No. 42, Supplement No. 4. and P art 35 o f the regulations issued order of August 1, 1973, in Docket No. Delivery Point No. 2 of South Louisi­ thereunder, Amendment No. 2 to the RP73-113, and (2) Tennessee’s PGA rate ana Electric Cooperative Association, Power Agreement between the Appli­ increase filed November 16, 1973, to be Exhibit V, Page 1, FPC Rate Schedule cant, Toledo Edison Company, Cleveland effective on January 1, 1974. East Tenn­ No. 42, Supplement No. 8, was discontin­ Electric Illuminating Company, Ohio essee further states that as a result of ued June 17,1970 and its load was shifted Edison Company and Pennsylvania a revised filing to be made by Tennessee ' to other delivery points as stated in the Power Company. The Agreement is dated on or before Novem ber 30,1973, in Docket Exhibit. Louisiana Power & Light Com­ May 29, 1969 and the letter transmitting No. RP73-113, East Tennessee will revise pany began providing service at Delivery same to the Commission is dated No­ its PGA rate filing when the revised rates Point No. 9 of South Louisiana Electric vember 1, 1973. of Tennessee become known. Cooperative Association, known as the The effect of Amendment No. 2 is to East Tennessee states that copies of “East Houma” Delivery Point, at 34,500 cancel Amendment No. 1, to eliminate the filing have been mailed to all of its volts with an initial capacity of 5,700 the Cleveland Electric Illuminating Com­ jurisdictional customers and affected kilowatts and a minimum of 1,425 kilo­ pany as a receiver under the Power state regulatory commissions. watts. Service began on July 19, 1973. Any person desiring to be heard or to Agreement, to reduce the amount sup­ Applicant is now providing Valley plied to the Duquesne Light Company protest said filing should file a petition to intervene or protest with the Federal Electric Membership Corporation with from 8,500 kilowatts to 8,300 kilowatts electric service at the latter’s Delivery and to increase the amount to be re­ Power Commission, 825 North Capitol Street, NE., Washington, D.C. 20426, in Point No. 8, known as the “VERDA” De­ tained by the Toledo Edison Company livery Point, at 13,800 volts with an ini­ accordance with §§1.8 and 1.10 of the by 17,000 kilowatts. Applicant requests tial capacity of 4,000 kilowatts and a that this modification be accepted for Commission’s rules of practice and pro­ cedure (18 CFR 1.8, 1.10) , All such peti­ minimum of 800 kilowatts. Delivery filing and that it be permitted to go into Point No. 8 is proposed in FPC Rate effect as of November 1, 1973. tions or protests should be filed on or before December 14, 1973. Protests will Schedule No. 42 Supplement No. 8, and Any person desiring to be heard or to service began on March 30,1973. make any protest with reference to this be considered by the Commission in de­ application should on or before Decem­ termining the appropriate action to be The above mentioned application has ber 27, 1973, file with the Federal Power taken, but will not serve to make pro­ been filed pursuant to section 205 of the Commission, Washington, D.C. 20426, testants parties to the proceeding. Any Federal Power Act and Part 35 of the Petitions to intervene or protests in ac­ person wishing to become a party must regulations issued thereunder. Any per­ son desiring to be heard or to make any cordance with the requirements of the file a petition to intervene, but parties protest with reference to this application Commission’s rules of practice and pro­ already permitted to intervene in this should on or before December 27, 1973, cedure (18 CFR 1.8 or 1.10). Persons docket need not refile petitions to inter­ file with the Federal Power Commission,

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34154 NOTICES

Washington, D.C. 20426, petitions to in­ [Docket No. E-8508] to Section 17 (Purchased Gas Adjust­ tervene or protests in accordance with NEW ENGLAND POWER POOL ment) of the General Terms and Condi­ the requirements of the Commission’s tions of Southern’s FPC Gas Tariff, Application To Be Treated as a Single Filing Sixth Revised Volume No. 1 and Article rules of practice and procedure (18 CFR Entity 1.8 or 1.10). Persons wishing to become n and Article III of the Stipulation and parties to a proceeding or to participate D ecem ber 5, 1973. Agreem ent approved by the Commission’s as a party in a hearing thereto must file Take notice that on Novem ber 16,1973, order dated July 23, 1973 in Southern’s petitions to intervene in accordance with the New England Power Pool (NEPOOL) ÎDocket Nos. RP72-91 (Phase II), et al. 18 CFR 1.8. tendered for filing an application to be Southern states that the proposed All protests filed with the Commission treated as a sihgle filing entity. changes would increase revenues from jurisdictional sales by 4.25^ per Mcf in will be considered by it in determining In support of its application, NEPOOL the appropriate action to be taken, but states that with respect to a February 28, its commodity and one-part rates. The will not serve to make the protestants 1973 filing which added Newport Electric increase is made up of the following parties to the proceeding. Corporation as a NEPOOL Participant, item s: The application referred to herein is filing fees of $2,900 were assessed by the (1) An adjustment to the Base Tariff on file with the Commission and is avail­ Secretary of the Commission. Further­ Rates pursuant to . Article III of the able for public inspection. more, with respect to a February 14,1972 Stipulation and Agreement approved by filings of contracts with non-partici­ the Commission’s order dated July 23, K e n n e t h P. P l u m b , 1973 for increases in the levels for ad­ Secretary. pants, the Commission accepted a single fee of $100 for all NEPOOL Participants vance payments of $6,971,559 above the [PR Doc.73-26184 Filed 12-10-73;8:45 am] in regard to each filin g. advance payment levels presently re­ NEPOOL states that the filing fees flected in Southern’s rates. The juris­ charged under Section 36.2 o f its R egula­ dictional cost increase due to additional NATIONAL POWER SURVEY TECHNICAL advance payments is $878,486. ADVISORY COMMITTEE ON FINANCE tions are intended to bear a reasonable Relationship to the cost of performing (2) A Current Adjustment for in­ Order Designating Additional Member the administrative services necessitated creased cost of purchased gas to juris­ dictional customers of $17,424,001. D ecem ber 4,1973. by the particular filing but the treatment (3) A Surcharge Adjustment pursuant The Federal Power Commission, by of each NEPOOL Participant as a sepa­ rate filing entity for the purpose of de­ to A rticle I I o f the Stipulation and Agree­ order issued September 28, 1972, es­ ment approved by the Commission’s or­ tablished the National Power Survey termining the amount of fees required by Section 36.2 is grossly inequitable and der dated July 23,1973 for advance pay­ Technical Advisory Committees. ments, accumulated during the period of 2. Membership. An additional member not related to the cost of providing the administrative services necessitated by June 1, 1973 through August 31, 1973 of of the Technical Advisory Committe on $433,118. Finance, as selected by the Chairman of the particular NEPOOL filing for which the fees were charged. Finally, NEPOOL (4) A Surcharge Adjustment pursuant the Commission, with the approval of the to section 17.3 of the Général Terms and Commission, is as follow s: states that in order to avoid this in­ equity for existing NEPOOL Participants, Conditions of Southern’s FPC Gas Tariff H. Dean Miller, Director, Public Utili­ for unrecovered purchased gas costs. ties, Management Division, Federal it would be possible to provide that each new Participant would bear the filing According to Southern, copies of the Supply Service, General Service filing are being served upon the com­ Administration. costs necessitated by joining the pool. However, this fee could be substantial pany’s jurisdictional customers and in­ Mr. Miller replaces Mr. Robert M. terested state commissions. • O ’Mahoney. enough to deter smaller systems from joining the pool. Any person desiring to be heard or to By the Commission. Any person desiring to be heard or to protest said filing should file a petition protest said filing should file a petition to intervene or protest with the Federal [ s e a l ] K e n n e t h F. P l u m b , Power Commission, 825 North Capitol Secretary. to intervene or protest with the Federal Power Commission, 825 North Capitol Street NE., Washington, D.C. 20426, in [P R Doc.73-26195 Filed 12-10-73;8:45 am] Street, NE., Washington, D.C. 20426, in accordance with §§ 1.8 and 1.10 of the accordance with §§ 1.8 and 1.10 of the Commission’s rules of practice and pro­ Commission’s rules of practice and pro­ cedure (18 CFR 1.8, 1.10). All such peti­ NATIONAL POWER SURVEY TECHNICAL tions or protests should be fijed on or be­ ADVISORY COMMITTEE ON FINANCE cedure (18 CFR 1.8, 1.10). All such peti­ tions or protests should be filed on or fore December 19, 1973. Protests will be AND ITS TASK FORCE ON FUTURE FI­ considered by the Commission in deter­ NANCIAL REQUIREMENTS before December 20, 1973. Protests will be considered by the Commission in de­ mining the appropriate action to be Order Designating Additional Member termining the appropriate action to be taken, but will not serve to make pro­ testants parties to the proceeding. Any D ecem ber 4,1973. taken, but will not serve to make pro­ person wishing to become a party must The Federal Power Commission, by testants parties to the proceeding. Any person wishing to become a party must file a petition to intervene. Copies of this order issued September 28, 1972, es­ filing are on file with the Commission tablished the National Power Survey file a petition to intervene. Copies of this and are available for public inspection. Technical Advisory Committees, and filing are on file with the Commission by order issued December 7, 1972, es­ and are available for public inspection. K e n n e t h F. P l u m b , tablished the Technical Advisory Com­ K e n n e t h F. P l u m b , Secretary. mittee on Finance Task Force on Future Secretary. [P R Doc.73-26187 Filed 12-10-73;8:45 am] Financial Requirements. [PR Doc.73-26183 Filed 12-10-73;8:45 am] 2. Membership. An additional member to the aforementioned Technical Ad­ [Docket No. RP74-37-2] visory Committee and the Task Force, as [Docket Nos. RP73-64, RP72-91 UNITED GAS PIPE LINE CO. AND selected by the Chairman of the Com­ (Phase I I ) , et al.] VICKSBURG CHEMICAL CO. mission, with the approval of the Com­ SOUTHERN NATURAL GAS CO. mission, is as follows: Notice of Petition for Extraordinary Relief Alan M. Wright, Administrator, Notice of Proposed Changes in FPC Gas D ecem ber 3,1973. Tariff Southern Services, Inc., Financial Take notice that on November 9, 1973, D ecem ber 3,1973. Models. Vicksburg Chemical Company (VCC), as Take notice that Southern Natural B y the Commission. a direct industrial customer of United Gas Company (Southern) on Novem­ Gas Pipe Line Company (United) filed ber 16, 1973, tendered for filing proposed [ s e a l ] K e n n e t h F . P l u m b , changes in its FPC Gas Tariff, Sixth Re­ a petition for extraordinary relief in the Secretary. vised Volume No. 1 to become effective above-captioned docket. VCC’s petition [P R Doc.73-26196'Piled 12-10-73;8:45 am] January 1, 1974. Such filing is pursuant is founded on a claim that curtailment

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 NOTICES 34155

will seriously jeopardize the national de­ in the vicinity of the Spokane River in Commission’s rules of practice and pro­ fense. VCC, in this connection, states the City of Spokane within the Monroe cedure (18 CFR 1.8, 1.10). All such peti­ that it is the sole and only supplier of Street and Upper Falls developments. tions or protests should be filed on or be­ nitrogen tetroxide rocket fuel to the The revised Exhibits F and K have been fore December 19, 1973. Protests will be United States Government for its inter­ filed to show the project boundary pur­ considered by the Commission in deter­ continental ballistic missiles. VCC alleges suant to License Article 29. mining the appropriate action to be that it has to date been unable to acquire Any person desiring to be heard or to taken, but will not serve to make pro­ and install alternate fuel capacity. make protest with reference to said ap­ testants parties to the proceeding. Any VCC specifically requests that an order plication should on or before Decem­ person wishing to become a party must be entered authorizing and directing ber 18, 1973 file with the Federal Power file a petition to intervene. Copies of this United to exempt VCC from the curtail-, Commission, Washington, D.C. 20426, filing are on file with the Commission and ment of natural gas and further author­ petitions to intervene or protests in ac­ are available for public inspection. izing, and directing United to continue cordance with the requirements of the K e n n e t h F. P l u m b , to deliver to VCC all of its demands for Commission’s rules of practice and Secretary. natural gas up to 5,741 M cf per day. Tem­ procedure (18 CFR 1.8 or 1.10). All porary relief of the same nature and ex­ protests filed with the Commission [FR Doc.73-26197 Filed 12-10-73:8:45 am] tent is sought pending hearing if deemed will be considered by it in deter­ necessary. mining the appropriate action to be taken [Rate Schedule Nos. 11, et al.] The exigencies of the present gas but will not serve to make the Protes­ SUN OIL CO. shortage on United’s system and com­ tants parties to a proceeding. Persons mensurate curtailm ent o f deliveries ne­ wishing to become parties to a proceed­ Notice of Rate phange Filings cessitate that the period for filing of in­ ing or to participate as a party in any D ecem ber 4,1973. tervention and protest be shortened to hearing therein must file petitions to ten (10) days. Therefore, any person de­ Take notice that the producers listed intervene in accordance with the Com­ in the Appendix attached hereto have siring to be heard or to make a protest mission’s rules. The application is on file should on or before December 13, 1973, filed proposed increased rates to the ap­ with the Commission and available for plicable area new gas ceiling based on file with the Federal Power Commission, public inspection. Washington, D.C. 20426, a petition to in­ the interpretation of vintaging concepts tervene or a protest in accordance with K e n n e t h F. P l u m b , set forth by the Commission in its Opin­ the requirements of the Commission’s Secretary. ion No. 639, issued December 12, 1972. rules of practice and procedure (18 CFR [FR Doc.73-26182 Filed 12-10-73:8:45 am] The information relevant to each of 1.8 or 1.10). All protests filed with the these sales is listed in the Appendix. Any person desiring to be heard or to Commission w ill be considered by it in WISCONSIN POWER AND LIGHT CO. determining the appropriate action to be make any protest with reference to said taken but w ill not serve to make the pro­ [Docket No. E-8503] filings should on or before December 12, testants parties to the proceeding. Any Notice of Proposed New Electric Service 1973, file with the Federal Power Com­ person wishing to become a party to a Agreement mission, Washington, D.C. 20426. a peti­ proceeding or to participate as a party tion to intervene or a protest in accord­ D ecem ber 4, 1973. in any hearing therein must file a peti­ ance with the requirements of the Com­ tion to intervene in accordance with the Take notice that Wisconsin Power and mission’s rules of practice and procedure Commission’s rules. Light Company on November 19, 1973, (18 CFR 1.8 or 1.10). All protests filed tendered for filing a proposed Wholesale with the Commission will be considered K e n n e t h F. P l u m b , Power Agreement with the Village of by it in determining the appropriate ac­ Secretary. Pardee ville, Columbia County, Wiscon­ tion to be taken but will not serve to [PR Doc.73-20181 FUed 12-10-73:8:45 am] sin. The service agreement is an executed make the protestants parties to the pro­ form and is dated November 1, 1973. ceeding. Any party wishing to become a Any persons desiring to be heard or to party to a proceeding or to participate [Project No. 2545] protest said filing should file a petition as a party in any hearing therein must WASHINGTON WATER POWER CO. to intervene or protest with the Federal file a petition to intervene in accordance Power Commission, 825 North Capitol with the Commission’s rules. Application for Change in Land Rights and Street, NE, Washington, D.C. 20426, in Revised Exhibits F and K K e n n e t h F. P l u m b , accordance with §§1.8 and 1.10 of the Secretary. D ecem ber 3,1973. Public notice is hereby given that ap­ A ppendix plication was filed under the Federal Power Act (16 U.S.C. 791a~825r) by the Rate Filing date Producer schedule Buyer Area Washington Water Power Company (cor­ No. respondence to: Mr. J. P. Buckley, Vice President, P.O. Box 1445, Spokane, Nov. 16,1973__Sun Oil Co., Southland Center, Ì1 Tennessee Gas Pipeline Co. Texas Gulf Coast. Washington 99210) on July 25, 1973, fo r P.O. Box 2880, Dallas, Tex. 76221. a change in land rights, and on Au­ Do______Mobil Oil Corp., 3 Greenway 318 Transcontinental Gas Pipe Do. gust 20, 1973, for revised Exhibits F and Plaza East, Suite 800, Houston, Line Corp. K for its constructed Spokane River Tex. 77046. Nov. 21,1973...... do...... 43 Texas Eastern Transmis­ Do. Project, FPC No. 2545, located on the sion Corp. Spokane R iver, in Spokane, Stevens and Nov. 23, 1973______do______266 Arkansas Louisiana Gas Co. Other Southwest Area Do__...... Marathon Oil Co., Findlay, Ohio 4 Northern Natural Gas Co.. Permian. Lincoln Counties, Washington. 46840. The application for change in land rights seeks Commission approval to con­ [F R Doc.73-26190 Filed 12-10-73:8:45 am] vey nine small parcels of land, totaling approximately four acres, to the City of Spokane to be included in an extensive [Docket No. CP73—340] designated matter. On November 28, riverfront development program by the COLORADO INTERSTATE GAS CO. 1973, Colorado Interstate Gas Company City in preparation for an international requested that an informal conference be Ecological Exposition (Expo ’74). The Notice of Informal Conference held on December 20, 1973, to consider means by which the conduct of the hear­ Applicant states that all of the property D ecem ber 4, 1973. ing might be facilitated. The request will be used after Expo ’74 for public pur­ On November 15, 1973, an order was states that no party had any objection to poses only. The land to be conveyed lies issued fixing a hearing in the above- the request.

FEDERAL REGISTER, V O L 33, NO. 237— TUESDAY, DECEMBER 11, 1973 34156 NOTICES

Notice is hereby given that an infor­ ALLIED BANCSHARES, INC. sponsible fo r establishing Bank, and they mal conference will be held on Decem­ Acquisition of Bank own more than fifty percent of Bank’s ber 20, 1973, at 9:30 a.m. in Room 6200, stock. No competition exists between Federal Power Commission, 825 North Allied Bancshares, Inc., Houston, Bank and Applicant’s nearest subsidiary, Capitol Street, NE, Washington, D.C. Texas, has applied for the Board’s ap­ and it is doubtful that any will occur in 20426. proval under section 3 (a) (3) of the Bank the future. The proposed acquisition will K e n n e t h F . P l u m b , Holding Company Act (12 U.S.C. 1842(a) not give Applicant a dominant market ¡Secretary. (3 )) to acquire 100 percent of the voting position in the future, and has no anti­ shares (less directors’ qualifying shares) [PR Doc.73-26191 Piled 12-10-73:8:45 am] competitive effects. of Fairbanks Bank of Houston, Houston, Acquisition o f Bank would result in in­ Texas. The factors that are considered in creasing the quality of services to the FEDERAL RESERVE SYSTEM acting on the application are set forth in community. Applicant proposes to-aid ALABAMA BANCORPORATION section 3(c) of the Act (12 U.S.C. Bank in obtaining a permanent location, 1 8 4 2 (c)). in establishing a trust department, and Acquisition of Bank The application may be inspected at in expanding its consumer and mortgage Alabama Bancorporation, Birming­ the office of the Board of Governors or lending activities. Convenience and needs ham, Alabama, has applied for the at the Federal Reserve Bank of Dallas. factors lend weight to approval. Board’s approval under section 3(a) (3) Any person wishing to comment on the Considerations relating to the finan­ of the Bank Holding Company Act (12 application should submit his views in cial and managerial resources and future U.S.C. 1842(a) (3 )) to acquire 100 per­ writing to the Secretary, Board of Gov­ prospects of the Applicant and Bank are cent of the voting shares (less director's ernors of the Federal Reserve System, regarded as satisfactory and consistent qualifying shares) of the successor by Washington, D.C. 20551, to be received with approval. merger to The City National Bank of not later than December 24, 1973. It is this Federal Reserve Bank’s judg­ Selma, Selma, Alabama. The factors that Board of Governors of the Federal Re­ ment that the proposed transaction is are considered in acting on the applica­ serve System, December 3, 1973. in the public interest and that the appli­ tion arc set forth in section 3(c) of the cation should be approved. On the basis Act (12 U.S.C. 1842(c)). [ s e a l ] T heodore E. A l l is o n , of the record in this case, the application The application may be inspected at Assistant Secretary of the Board. is approved for the reasons summarized the office of the Board of Governors or [P R Doc.73-26165 Filed 12-10-73:8:45 am] above. The transaction shall not be con­ at the Federal Reserve Bank of Atlanta. summated (a ) before the th irtieth calen­ Any person wishing to comment on the dar day following the effective date of application should submit his views in COMMUNITY BANKS OF FLORIDA, INC. this Order or (b) later than three writing to the Secretary, Board of Gov­ SEMINOLE, FLORIDA months after the date of this Order, un­ ernors of the Federal Reserve System, Order Approving Acquisition of Bank less such period is extended for good Washington, D.C. 20551, to be received cause by this Federal Reserve Bank pur­ Community Banks of Florida, Inc., not later than January 2,1974. suant to delegated authority. Seminole, Florida, a bank holding com­ By order of the Federal Reserve Bank Board of Governors of the Federal Re­ pany within the meaning of the Bank of Atlanta, acting pursuant to delegated serve System, December 3, 1973 Holding Company Act, has applied for authority for the Board of Governors of the Board’s approval under section (3) [ s e a l ] T heodo re E. A l l is o n , the Federal Reserve System, effective No­ Assistant Secretary of the Board. (a) (3) of the Act (12 U.S.C. 1842(a) (3 )) vember 28, 1973. to acquire ninety percent or more of the [PR Doc.73-26163 Filed 12-10-73:8:45 am] voting shares of the Clearwater Mall [ s e a l ] K y l e K . F o s s u m , Community Bank, Clearwater, Florida First Vice President. (“Bank”) . Notice of the application, af­ [FR Doc.73-26162 Filed 12-10-73:8:45 am] ALLIED BANCSHARES, INC. fording opportunity for interested per­ Acquisition of Bank sons to submit comments and views, has SMALL BUSINESS ADMINISTRATION been given in accordance with section Allied Bancshares, Inc., Houston, [License No. 06/10-0139] Texas, has applied for the Board’s ap­ 3(b) of the Act. The time for filing com­ proval under section 3(a) (3) of the Bank ments and views has expired, and none BARTLESVILLE INVESTMENT CORP. have been received. The application has Holding Company Act (12 U.S.C. 1842(a) Approval for Transfer of Control of Small (3 )) to acquire 100 percent of the voting been considered in light of the factors set out in section 3(c) of the Act (12 Business Investment Company shares (less directors’ qualifying shares) U.S.C. 1842(c)). On November 13, 1973, a notice for of Memorial Bank, Houston, Texas. The Applicant has five subsidiary banks request for approval for transfer of con­ factors that are considered in acting on with total deposits of $116.2 million. trol was published in the F ederal R egis­ the application are set forth in section (Banking data are as of June 30, 1973, ter (38 F R 31352) stating that an 3(c) of the Act (12 U.S.C. 1842(c)). adjusted for holding company formations application has been filed with the Small The application may be inspected at and acquisitions approved by the Board Business Administration (SBA) pursu­ through October 1, 1973.) Acquisition of ant to § 107.701 of the Regulations gov­ the office of the Board of Governors or at Bank, with deposits of $6.6 million, will erning Small Business Investment Com­ the Federal Reserve Bank of Dallas. Any cause no significant increase in Appli­ panies (38 FR 30842, November 7, 1973) ‘person wishing to comment on the ap­ cant’s share of total deposits in Florida for the transfer of control of Bartlesville plication should submit his views in w rit­ banks (less than one percent), or in Ap­ Investment Corporation, 827 Madison ing to the Secretary, Board of Governors plicant’s share of deposits held by the Boulevard, Bartlesville, Oklahoma 74003, twenty-two banks in the North Pinellas of the Federal Reserve System, Washing­ a Federal licensee under the Small Busi­ County, Florida, banking market (less ness Investment Act of 1958, as amended ton, D.C. 20551, to be received not later than three percent). Applicant’s nearest (the Act) (15 U.S.C., 661 et seq.) . than January 2,1974. banking subsidiary is located 8.5 miles Mr. James L. Diamond will own 100 percent of the issued and outstanding Board of Governors of the Federal Re­ southwest from Bank. The two service serve system, December 3, 1973. stock. Interested persons were given 15 areas do not overlap. days to submit written comments to •[s e a l ] T heodo re E. A l l is o n , Applicant and Bank share many of the SBA. No comments were received. Assistant Secretary of the Board. same directors and operational officers. Notice is hereby given that, having [P R Doc.73-26164 Piled 12-10-73;8:45 am] Directors of Applicant were primarily re­ considered the application and all other

FEDERAL REGISTER, VOL. 38, NO. 237— -TUESDAY, DECEMBER 11, 1973 NOTICES 34157

pertinent information, SBA has ap­ persons to submit written suggestions Any interested person may submit proved this application for transfer of and comments on the subject for Council questions, to be asked o f any person mak­ control. consideration not later than December ing a statement at the hearings, before Dated: November 30, 1973. 28,1973. 5:00 pm., e.s.t„ December 18, 1973. Any All written submissions should be sent person who makes an oral statement and J am es T h o m a s P h e l a n , to Steel Hearings, Executive Secretariat, who wishes to ask a-question at the hear­ Deputy Associate Administrator Cost of Living Council, 2000 M Street ings may submit the question, in writing, for Investment. ' NW., Washington, D.C. 20508. All written to the presiding officer. The Council or [FR Doc.73-26166 Filed 12-10-73;8:45 am] submissions received before 5:00 p.m., the-presiding officer if the question is e.s.t., December 28, 1973 will be made submitted at the hearings, will determine COST OF LIVING COUNCIL part of the official record of the hearings. whether the question is relevant, and Any information or data considered by whether time limitations permit it to be HEALTH INDUSTRY ADVISORY the person furnishing it to be confidential presented for answer. COMMITTEE must be submitted in writing, one copy, Any further procedural rules needed Change in Meeting Time only, before the person’s scheduled ap­ for the proper conduct of the hearings pearance, or by December 28, 1973, as The starting time for the Health in­ will be announced, by the presiding applicable. The Cost of Living Council officer. dustry Advisory Committee meeting, reserves the right to determine the con­ previously announced, to be held on De­ fidential status of the information or A transcript of the hearings will be cember 17, 1973, from 10:00 a.m. to 4:00 data and to treat it accordingly. made and the entire record of the hear­ p.m„ at the Cost of Living Council of­ Any person who has an interest in the ings, including the transcript, will be fices, second floor auditorium, 2000 M subject of the hearings, or who is a repre­ retained by the Council and made avail­ Street, NW „ Washington, D.C., has been sentative of a group or class of persons able for inspection at the Public Refer­ changed from 10:00 a.m. to 9:00 a.m. which has an interest in the subject of ence Facility of the Council, Room 2313, the hearings, may request the opportu­ 2000 M Street NW ., W ashington, D.C., be­ Issued in Washington, D.C. on Decem­ tween the hours of 8:30 a.m, to 5:30 p.m. ber 10,1973. ,v nity to make an oral presentation by tele­ phoning the Executive Secretariat of the Monday through Friday. Due to limited H e n r y H . P er r itt, Jr., Cost o f L ivin g Council at (202) 254-8637 seating facilities, admission will be on Executive Secretary, before 5:00 p.m„ e.s.t., Friday, December a first come, first served basis. Cost of Living Council. 14, 1973. The person making the request Issued at Wahington, D.C. on Decem­ [FR Doc.73-26378 Filed 12-10-73:11:40 am] should be prepared to describe the inter­ ber 10,-1973. est concerned;; if appropriate to state Ja m e s W . M cL a n e , why he is a proper representative of a Deputy Director, PROPOSED STEEL PRICE INCREASES group or class of persons which has such Cost of Living Council. Notice of Public Hearings an interest; and to give concise summary [FR Doc.73-26379 Filed 12-10-73; 11:40 am ] of the proposed oral presentation and a Notice is hereby given that the Cost of phone number where he may be con­ Living Council will hold public hearings FEDERAL MARITIME COMMISSION beginning at 9:00 a.m. on Wednesday, tacted through December 20, 1973. Oral December 19, 1973 and on Thursday, De­ presentations may be supplemented by UNIVERSAL ALCO LTD. ET AL. cember 20, 1973 in the Cost of Living written submissions filed with the Coun­ cil not later than December 28,1973. Notice of Agreement Filed Council Auditorium, Room 2105, 2000 M Street, NW., Washington, D.C. to receive The Council reserves the right to select Notice is hereby given that the follow­ comments from interested persons on the persons to be heard at the hearings, ing agreement, accompanied by a state­ price increase prenotifications filed with to schedule their respective presenta­ ment of justification, has been filed with the Cost of Living Council by steel pro­ tions, and to establish the procedures the Commission for approval pursuant to ducers pursuant to the Phase IV regula­ governing the conduct of the hearings. Section 15 of the Shipping Act, 1916, as tions. The timing of the implementation Each presentation may be limited, based amended (39 Stat. 733, 75 Stat. 763 (46 of such prenotified price increases was on the number of persons requesting to U.S.C. 814)). restricted by Cost of Living Council Spe­ be heard. Interested parties may inspect and ob­ cial Rule No. 1 of October 1, 1973. 38 PR Each person selected to be heard will be tain a copy of the agreement and the 25427, September 13, 1973. Th e hearings so notified by the Council before 5:00 statement of justification at the Wash­ will explore facts relating to cost justi­ p.m„ e.s.t., Monday, December 17, 1973 ington office of the Federal Maritime fication, the relationship of prices, prof­ and must send 50 copies of his statement Commission, 1405 I Street NW , Room its, capital investm ent and plant capac­ to the Executive Secretariat 24 hours 1015; or may inspect the agreem ent and ity, and the effect of productivity and before appearing. the statem ent o f ju stification at the Field volume improvement on costs and profits A Cost of Living Council official will be Offices located at New York, N.Y., New as these are relevant to the prenotified designated to preside at the hearings. Orleans, Louisiana, and San Francisco,. increases. The Council will also hear tes­ They will not be judicial—or eviden­ California. Comments on such agree­ timony on the shortage problems in this tiary—type hearings. Questions may be ments, including requests for hearing, industry. asked only by those conducting the hear­ may be submitted to the Secretary, Fed­ These public hearings will be con­ ings, and there will be no cross-exami­ eral Maritime Commission, Washington, ducted under the authority of section 207 nation of persons presenting statements. D.C. 20573 on or before December 24, (c) of the Economic Stabilization Act of Any decision made by the Council with 1973. Any person desiring a hearing on 1970, as amended, which requires that to respect to the subject matter of the hear­ the proposed agreement shall provide a the maximum extent possible, formal ings will be based on all information clear and concise statement of the mat­ hearings be conducted for the purpose of available to the Council, from whatever ters upon which they desire to adduce acquiring information bearing on a source received. At the conclusion of all evidence. An allegation of discrimination change or a proposed change in prices initial oral statements, each person who or unf airness shall be accompanied by a which have or may have a significantly has made an oral statement will be given statement describing the discrimination large impact upon the national economy. the opportunity if he so desires, to make a or unfairness with particularity. If a The Cost of Living Council is inviting rebuttal statement. The rebuttal state­ violation of the Act or detriment to the public participation in the form of writ­ ments will be given in the order in which commerce of the United States is alleged, ten submissions as well as oral presenta­ the initial statements were made and the statement shall set forth with par­ tions. The Council requests all interested may not exceed 10 minutes each. ticularity the acts and circumstances said

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34158 NOTICES to constitute such violation or detriment for completion of construction, as speci­ licensee to file an answer within the time to commerce. fied in CP No. CPPR-94 is January 1, specified, the Director of Regulation will, A copy of any such statement should 1978. without further notice, issue an Order also be forwarded to the party filing the On November 26, 1973, the licensee in­ suspending construction at the site of all agreement (as indicated hereinafter) and formed the Atomic Energy Commission Seismic Category I structures under Con­ the statement should indicate that this regulatory staff by telephone of the exist­ struction Permit No. CPPR-94. has been done. ence of faults in the excavation area at In the event that such a hearing is re­ Notice of agreement Piled by: the site of the Virgil C. Summer Nuclear quested the issues to be considered at Station. The licensee’s investigation re­ such hearing shall be: (1) whether there Mr. Lebron Shields, vealed the faults as evidenced by shear is sufficient information to establish the Executive Vice President fractures in some excavated rock. While Universal Alco Limited adequacy of the seismic design for Unit 750 N.E. 7th Avenue there are indications that the faults are 1; and (2) whether construction at the Port Laudania old, possibly many millions of years, fur­ site of all Seismic Category I structures Dania, Florida 33004 ther investigation and evaluation are under Construction Permit No. CPPR -94 presently being conducted by the regula­ Agreem ent No. 10021-1, among U ni­ should be suspended pending further in­ tory staff and the licensee to ascertain vestigation and evaluation. . versal Alco Limited, Tropical Shipping whether, in view of this geologic feature, Company, and Norwegian Caribbean there is sufficient information to estab­ Dated at Bethesda, Maryland, this 7th Lines, common carriers by water operat­ lish the adequacy of the seismic design of day o f December, 1973. ing in the trade between Florida ports Unit 1. Representatives of the regulatory L. M a n n in g M u n t z in g , and ports in the Bahama Islands, covers staff visited the site on November 30, Director of Regulation. a petition by the carriers for a one (1) 1973. By letter to the Director of Regula­ [F R DOC.73-26340 Filed 12-10-73; 11:26 am] year extension of their discussion agree­ tion on December 3, 1973, the licensee m ent to December 27,1974. has proposed a program for performing By Order of the Federal Maritime geologic investigation of the faults. The [Notice 405] Commission. program will include a literature search, INTERSTATE COMMERCE geologic mapping, petrofabric analyses COMMISSION Dated: December 10,1973. and radiometric dating, and the effects F r a n c is C. H u r n e y , of Monticello reservoir on potential ASSIGNMENT OF HEARINGS movements along the faults. It is anti­ Secretary. D ecem ber 6,1973. [F R Doc.73-26337 Filed 12-10-73; 8:45 am] cipated that the licensee will complete the program by January 15,1974. In the Cases assigned for hearing, postpone­ letter of December 3, 1973, the licensee ment, cancellation, or oral argument ap­ ATOMIC ENERGY COMMISSION also advised the regulatory staff that as pear below and will be published only once. This list contains prospective as­ [Docket Nos. 50-277, 50-278] a result o f the discovery o f the fau lts and in order to provide the regulatory staff signments only and does not include PHILADELPHIA ELECTRIC COMPANY ET a reasonable time to review the results cases previously assigned hearing dates. AL. (PEACH BOTTOM ATOMIC POWER of licensee’s investigation, the pouring of Th e hearings w ill be on the issues as pres­ STATION), UNITS 2 AND 3) concrete for the reactor building and ently reflected in the Official Docket of Postponement of Oral Argument auxiliary building will be delayed until the Commission. An attempt w ill be made February 1, 1974. to publish notices of cancellation of Notice is hereby given that the oral hearings as promptly as possible, but in­ argument on the exceptions filed by the Copies of the licensee’s letter to the Director of Regulation, dated Decem­ terested parties should take appropriate several parties to the September 14,1973 steps to insure that they are notified of initial decision of the Licensing Board in ber 3,1973, and all pertinent information relative to the subject faults has been cancellation or postponements of hear­ this proceeding which was calendared ings in which they are interested. No for Wednesday December 12,1973 at 9:15 placed in the Commission’s Public Docu­ ment Room, 1717 H Street, Northwest, amendments will be entertained after a.m., in the 5th floor hearing room, East- the date of this publication. West Towers Building, 4350 East-West Washington, D.C. 20545. Copies of these Highway, Bethesda, Maryland, will be documents have also been sent to the MC 111231 Sub 181, Jones Truck Lines, Inc., now assigned January 15, 1974, MC 113908 rescheduled. Th e postponement is the re­ Commission’s Local Public Document Room, Fairfield County Library, Vander- Sub 270, Erickson Transport Corp., now sult of a motion dated December 8, 1973, assigned January 17, 1974, MC-C-7895, by the applicants. A new date for the oral horst Street, Winnsboro, South Carolina 29180: Land-Air Delivery, Inc. v. Springfield Air­ argument w ill be published subsequently. port Limousine, Inc., Et Al„ now assigned In view of the foregoing and pursuant January 21, 1974, and MC 42011 Sub 10, For the Atomic Safety and Licensing to the Atomic Energy Act of 1954, as D. Q. Wise & Co., Inc., now assigned Janu­ Appeal Board, amended, and the regulations in 10 CFR ary 23, 1974, at Kansas City, Mo., will be held in Room 609, Federal Building, 911 M argaret E. D u F l o , Parts 2 and 50, it4s hereby ordered, th a t: Walnut Street. Secretary to the Appeal Board. The licensee show cause, In the manner MC 59856 Subs 49 and 51, Salt Creek Freight- [FR Doc.73-26351 Filed 12-10-73; 11:26 am ] hereinafter provided, why further construc­ ways, now assigned January 14, 1974, at tion at the site of all Seismic Category I Billings, Mont., will be held in Room 1T)33, structures1 under Construction Permit No. Federal Office Bldg., 316 N. 26th Street. [Docket No. 50-395; Construction Permit COPPR-94 should not be suspended pending MC .97699 Stib 39, Barber Transportation Co., No. CPPR-94] completion of the investigation and evalua­ application dismissed. tion referred to in Section II above. SOUTH CAROLINA ELECTRIC AND GAS MC-F-11723, C o x & Shay, Inc.— Merger— The licensee may within twenty days Mary Ellen Stidham, N. M. Stidham, A. E. COMPANY (VIRGIL C. SUMMER NU­ Mankins (Inez Mankins, Executrix), and CLEAR STATION, UNIT 1) of the date of receipt of this Order file a written answer to this Order under oath James Mankins, Dba Eagle Trucking Com­ Order To Show Cause pany, now being assigned hearing Febru­ or affirmation and may also request a ary 25, 1974 (1 week), at Dallas, Tex., South Carolina Electric and Gas Com­ hearing w ithin said tw enty-day period. I f in a hearing room to be later designated. pany, Post Office Box 784, Columbia, a hearing is requested, the Commission MC-C-8096, The Squaw Transit Company— South Carolina (“the licensee”) is the will issue an Order designating the time Investigation and Revocation of Certifi­ holder of Construction Permit No. and place of hearing. Upon failure of the cate— now being assigned hearing March 4, .1974 (3 days), at Tulsa, Okla., in a hear­ CPPR-94, which authorizes the construc­ ing room to be later designated. tion of Unit 1 of the Virgil C. Summer 1 Seismic Category I structures means those No. 35908, Oklahoma Intrastate Rail Freight Nuclear Station located in Fairfield structures which must be designed to with­ Rates and Charges, 1973, now being as­ stand the effects of the Safe Shutdown Earth­ signed hearing March 7, 1974 (2 days), at County, South Carolina, pursuant to con­ quake and remain functional. See Regulatory Oklahoma City, Okla., in a hearing room ditions specified therein. The latest date Guide 1.29, Revision 1, August 1973. to be later designated.

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 NOTICES 34159

I & S M-27312, Restructured Rates and AUTO-TRAIN CORP. ET AL FOURTH SECTION APPLICATION FOR Charges, Central States Territory, t & S RELIEF M-27312 Sub 1, Restructured Rates & Request for Comments on Environmental Charges, Missouri-Illinois Traffic Service Impact of Proposed Ferry Service D ecem ber 6,1973. and I & S M-27312 Sub 2, Restructured Auto-Train Corporation, represented An application, as summarized below, Rates and Charges, Indiana Motor Rate by Mr. Eugene K. Garfielck 1801 K has been filed requesting relief from the and Tariff Bureau, now assigned for hear­ requirements of Section 4 of the Inter­ ing on January 28, 1974, at Washington, Street NW., Washington, D.C. 20006, Sea­ D.C., is postponed until further order of board Coast Line aRilroad Company, rep­ state Commerce Act to permit common the Commission. resented by Mr. W. Thomas Rice, 500 carriers named or described in the ap­ MC-110563, Sub 107, Coldway Pood Express, Water Street, Jacksonville, Florida 32202, plication to maintain higher rates and Inc., now assigned January 15, 1974, will Louisville and Nashville Railroad Com­ charges at intermediate points than be held in Room 616, Union Pacific Plaza, pany, represented by Mr. Richard D. those sought to be established at more 110 North 14th Street, Omaha, Nebr. Sanborn, Jr., 908 West Broadway, Louis­ distant points. MC-F-11835, Holmes Freight Lines, Inc.— ville, Kentucky 40201, hereby give no­ Protests to the granting of an applica­ Control— (1) Byers Transportation Co., tion must be prepared in accordance Inc., and (2) Commercial Freight Lines, tice that on the 7th day of November, Inc., & FD-27343, Holmes Freight Lines, 1973, they filed with the Interstate Com­ with Rule 40 of the general rules of prac­ Inc., MC-F-11997 Lovelace Truck Service, merce Commission at Washington, D.C., tice (49 CFR 1100.40) and filed on or Inc.—Purchase (Portion)— Holmes Freight an application assigned F.D. No. 27525 before December 26,1973. Lines, Inc., now assigned January 16, 1974, for authority Seaboard Coast Line Rail­ FSA No. 42780;—Grain and Grain will be held in Room 616, Union Pacific road Company and Louisville and Nash­ Products For Export. Filed by Western Plaza, 110 North 14th Street, Omaha, Nebr. ville Railroad -Company to operate the Trunk Line Committee, Agent (No. A- MC-5227 Sub 6, Economy Movers, Inc., M C - properties or part thereof Auto-Train 2692), for interested rail carriers. Rates 114211 Sub 189, Warren Transport, Inc., on grain, grain products, soybeans, vege­ now assigned January 12, 1974, will be held' Corporation between Louisville, Ken­ in Room 616, Union Pacific Plaza, 110 tucky, and Sanford, Florida, pursuant to table meal, and related articles, in car­ North 14th Street, Omaha, Nebr. the provisions of an August 1,1970, Oper­ loads, as described in the application, MC 115931 Sub 28, Bee Line Transporta­ ating Agreement as amended and for from points in North Pacific Coast, tion, Inc., now being assigned hearing Auto-Train Corporation to* acquire southern, southwestern, western .trunk February 4, 1974 (2 days), at Billings, trackage rights over and joint use of line, Texas-Louisiana, and Illinois terri­ Montana, in a hearing room to be later certain lines of railroad of the Louisville tories, to Rio Grande Crossings, and designated. ports on the Atlantic, Gulf, and Pacific MC 26396 Sub 83, Popelka Trucking Co., dba and Nashville Railroad Company be­ the Waggoners, now being assigned hear­ tween Louisville, Ky. and Montgomery, Coasts, also Great Lake ports, for export. ing February 6, 1974 (3 days), at Billings, Ala., a distance of approximately 489 Grounds for relief—Revision of rate Mont., in a hearing room to be later miles; for Auto-Train Corporation to structure. designated. acquire trackage rights over and joint Tariffs—Trans-Continental Freight MC-75320 Sub 162, Campbell Sixty-Six Ex­ use of certain lines of ' railroad of the Bureau, Agent, tariff 29-0, ICC 1805, and press, Inc., is continued to February 4, 1974 Seaboard Coast Line Railroad Company other tariffs named in the application. (1 week), at the Adolphus Hotel, 1321 between Montgomery, Ala. and Sanford, Rates are published to become effective Commerce St., Dallas, Tex. February 1,1974. MC-F-11851, Smith Transfer Corp.—-Con­ Fla., a distance of approximately 532 trol— Brady Motorfrate, Inc. MC-F-11853, miles. This proceeding is directly related By the Commission. Lee Way Motor Freight, Inc.—Purchase to Finance Docket No. 27508. An appli­ (Portion)— Brady Motorfrate, Inc., MC— cation under section 1(18) of the Inter­ [ s e a l ] R obert L. O s w a l d , F-11876, Burgmeyer Bros., Inc.— Purchase state Commerce Act for a certificate of Secretary. (Portion)— Brady Motorfrate, Inc. & MC— public convenience and necessary to per­ [FR Doc.73-26235 Filed 12-10-73;8:45 am] 52110 Subs 137 & 138, Brady Motorfrate, mit Auto-Train Corporation to operate Inc., is continued to December 18, 1973 (1 passenger-Auto-ferry service between day), at the Offices of the Interstate Com­ FOURTH SECTION APPLICATION FOR merce Commission, Washington, D.C. Louisville, Kentucky and Sanford, Fla. NO. 35914, H & R Scrap Iron and Metal In the opinion of the Applicants, this ap­ RELIEF Company v. Chicago and North Western plication, if approved by order of the D ecem ber 6, 1973. Transportation Company, now being as­ Commission will not result in an effect on An application, as summarized below, signed pre-hearing conference, January 22, the quality of the human environment. has been filed requesting relief from the 1974, at the Offices of the Interstate Com­ In accordance with the Commission’s requirements of Section 4 of the Inter­ merce Commission, Washington, D.C. regulations (49 CFR 1100.250) in Ex state Commerce Act to permit common Parte No. 55 (Sub-No. 4), Implementa- NO. 35888, Albermarle Railway Company v. carriers named or described in the appli­ tion-Nat’l Environmental Policy Act, Norfolk and Western Railway Company, cation to maintain higher rates and 1969, 340 I.C.C. 431 (1972), any protests Et Al., now assigned January 15, 1974, at charges at intermediate points than those may include a statement indicating the sought to be established at more distant Washington, D.C., postponed to January 29, presence or absence of any effect of the 1974, at the Offices of the Interstate Com­ points. requested Commission action on the Protests to the granting of an appli­ merce Commission, Washington, D.C. quality of human environment. In any MC 32882 Sub 58, Mitchell Bros. Truck Lines, cation must be prepared in accordance such effect is alleged to be present, the with Rule 40 of the general rules of prac­ MC 61592 Sub 216, Jenkins Truck Line, statement shall include information re­ Inc., MC 97068 Sub 12, H. S. Anderson tice (49 CFR 1100.40) and filed on or be­ lating to the relevant factors set forth fore December 26, 1973. Trucking Co., MC 108119 Sub 36, E. L. in Ex Parte No. 55 (Sub-No. 4), supra FSA No. 42781—Joint Water-Rail Con­ Murphy Trucking Co., MC 109462 Sub 16, Part (b) (l)- (5 ), 340 I.C.C. 431, 461. The tainer Rates— Sea-Land Service, Inc. Lumber Transport, Inc., and MC 117574 Filed by Sea-Land Service, Inc. (No. 79), Sub 202, Daily Express, Inc., now being proceeding will be handled without pub­ lic hearings unless protests are received for itself and interested rail carriers. assigned hearing February 25, 1974 (2 Rates on general commodities, from ports weeks), at Dallas, Tex., in a hearing room which contain information indicating a in Portugal and Spain, to rail carriers’ to be later designated. need for such hearings. Any protests sub­ MC 108449 Sub 359, Indianhead Truck Line, mitted shall be filed with the Commis­ terminals on the U.S. Pacific Coast. Inc., MC 117815 Sub 215, Pulley Freight sion no later than 30 days from the date Grounds for relief—Water competition. Lines, Inc., MC 119767 Sub 303, Beaver of first publication in the F ederal Tariff—Sea-Land Service, Inc., tariff Transport Co., now being assigned hearing R eg ister . No. 205,1.C.C. No. 73. February 7, 1974 (2 days), at Chicago, HI., in a hearing room to be later designated. By the Commission. By the Commission.

[ seal] R obert L. O s w a l d , [ s e a l ] R obert L. O s w a l d , [ s e a l ] R o bert L . O s w a l d , Secretary. Secretary. Secretary. [FR Doc.73-26236 Filed 12-10-73;8:45 am] [FR Doc.73-26238 FÜed 12-10-73;8:45 am] [FR Doc.73-26237 Filed 12-10-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 No. 237— P t. I ---- 9 34160 NOTICES

[Notice 405] Heights, Mo., of the operating rights Missouri. Clyde N. Christey, Attorney, ! MOTOR CARRIER BOARD TRANSFER set forth in Certificate No. MC-40861 641 Harrison St., Topeka, Kans. 66603. PROCEEDINGS (Sub-No. 1), issued by the Commission November 10,1972, to L. J. S. Investment [ s e a l ] R obert L. O s w a l d , Synopses of orders entered by the Company, St. Louis, Mo., authorizing: Secretary. Motor Carrier Board of the Commission the transportation of household goods as [FR Doc.73-26239 Filed 12-10-73:8:45 am] pursuant to sections 212(b) , 206(a), 211, defined by the Commission, between 312(b), and 410(g) of the Interstate St. Louis, Mo., and points in St. Louis COMMISSION ON CIVIL RIGHTS Commerce Act* and rules and regulations County, Mo., on the one-.hand, and, on prescribed thereunder (49 CFR Part the other, points in Illinois. Herman W. COLORADO STATE ADVISORY 1132), appear below: Huber, 101 East High St., Jefferson City, COMMITTEE Each application (except as otherwise MO 65101, attorney for applicants. Notice of Closed Meeting specifically noted) filed after March 27, 1972, contains a statement by applicants No. MC-FC-74813. By order of Dec­ Pursuant to the provisions of the. Fed­ that there will be no significant effect on ember 4, 1973, the Motor Carrier Board eral Advisory Committee Act (Pub. L. the quality of the human environment approved the transfer to Gambard Serv­ 92-463, 86 Stat. 707) notice is hereby resulting from approval of the applica­ ice, Inc., Kings Park, N.Y., of Permit No. given that the Colorado State Advisory tion. As provided in the Commission’s MC-63996 issued May 18, 1961, to Evelyn Committee to the U.S. Commission on Special Rules of Practice any interested Clydesdale, Arlington, N.J., authorizing Civil Rights will meet in a closed session person may file a petition seeking recon­ the transportation of paper products at 9 a.m., Saturday, December 15, 1973, sideration of the following numbered between Kearney, N.J. on the one hand, in the Pine Room, Albany Hotel, 1720 proceedings on or before December 31, and, on the other, New York, N.Y., and Stout Street, Denver, Colorado 80202. 1973. Pursuant to section 17(8) of the points in Nassau and Suffolk Counties, The agenda will consist of discussions Interstate Commerce' Act, the filing of N.Y.; and folding paper boxes from leading to recommendations on proposed such a petition will postpone the effective Kearney, N.J., to Pearl River and revisions to the draft of the Colorado date of the order in that proceeding Suffem, N.Y. Mr. Charles J. W illiam s, Prison Preliminary report. pending its disposition. The matters re­ Attorney for Transferor, 47 Lincoln I have determined that this meeting lied upon by petitioners must be speci­ Park, Newark, N.J. 07102; and Mr. would fall within exemption (5) of 5 fied in their petitions with particularity. Robert B. Pepper, Practitioner for U.S.C. 522(b) and that it is essential to Transferee, 168 Woodbridge Avenue, close the meeting to protect the free ex­ No. MC-FC-74795. By order of No­ Highland Park, N.J. 08904. change of internal views and to avoid in­ vember 30,1973, the Motor Carrier Board No. MC-FC-74816. By order of Novem­ terference with the operation of the Com­ approved the transfer to Wehrle mittee. . Haulage, Inc., Little Ferry, N.J., of Certi­ ber 30, 1973, the Motor Carrier Board ficate No. MC-133868 issued October approved the transfer to Jack M. Wintle Issued in Washington, D.C. on Decem­ 15, 1970, to E & E Rigging & Machinery Doing Business As J & J Refrigerated ber 5, 1973. Co., Inc., Elizabeth, N.J., authorizing Trucking, Columbus, Ohio, of Certificate No. MC-134882 (Sub-No. 2) issued to I sa iah T. C r e s w e l l , Jr., the transportation of iron and steel Advisory Committee Wintle Delivery & Refrigerator Truck building supplies, machinery, machinery Management Officer. parts, and hoistering equipment between Service, Inc., Columbus, Ohio, authoriz­ Newark, N.J., on the one hand, and, on ing the transportation of: Meats, meat [FR Doc.73-26225 Filed 12-10-73:8:45 am] products, by-products, dairy products, the other, New York, N.Y., and points WISCONSIN STATE ADVISORY COMMITTEE in seven named counties in New York. etc., as defined by the Commission, 61 Mr. Robert B. Pepper, Registered MCC 209 and 766, from Columbus, Ohio Agenda and Notice of Open Meeting Practitioner, 168 Woodbridge Avenue, to points in Ohio. Richard H. Brandon, Notice is hereby given, pursuant to the Highland Park, N.J. 08904. Attorney, 79 East State St., Columbus, provisions of the rules and regulations of Ohio 43215. No. MC-FC-74805. By order of De­ the U.S. Commission on Civil Rights, cember 4, 1973, the Motor Carrier Board No. MC-FC-74823. By order of Decem­ that a planning meeting of the Wiscon­ approved the transfer to Bayview Truck­ ber 4, 1973, the Motor Carrier Board ap­ sin State Advisory Committee to this ing, Inc., Sacramento, Calif., of Certi­ proved the transfer to Lester Smith Commission will convene at 7:30 p.m. on ficate of Registration No. MC-121526 Trucking, Inc., Sterling, Colorado, of December 19, 1973, at the Ramada Inn, 633 West Michigan Street, Milwaukee, issued June 19, 1970, to Western Milk Certificate No. MC-57697 Sub 1 issued to Lester E. Smith, Sterling, Cojo., author­ Wisconsin 53203. Transport, Inc., Paramount, Calif., evi­ izing the transportation of: Various Persons wishing to attend this meeting dencing the authority to perform a commodities , of a general commodity na­ should contact the Committee Chairman, transportation service in interstate or ture, between points and areas in Colo­ or the Midwestern Regional Office of the Commission, Room 1428, 219 South foreign commerce corresponding in rado, Wyoming, Nebraska, Iowa, Mis­ scope to the intrastate authority granted Dearborn Street, Chicago, Illinois 60604. souri, and Kansas. John P. Thompson, The purpose of this meeting shall be in Certificate of Public Convenience Attorney, 450 Capitol Life Center, Den­ to discuss plans for the reactivation of and Necessity' No. 73891, as amended, ver, Colo. 80203. the Wisconsin State Advisory Committee, and transferred by Decision No. 75663 No. MC-PC-74839. By order of Decem­ and to make plans for possible activities dated May 13, 1969, by the California ber 4, 1973, the Motor Carrier Board of the Committee. Public Utilities Commission. Mr. R. Y. This meeting will be conducted pur­ approved the transfer to Post and Dan- suant to the rules and regulations of the Schureman, Attorney at Law, 1545 Wil- ley Truck Line, Inc., Fort Scott, Kans., Commission. shire Boulevard, Los Angeles, Calif. of Certificate No. MC-60177 issued to 90017. Dated at Washington, D.C., December D. J. Wood, Mapleton, Kans., authoriz­ 5, 1973. No. MC-FC-74812. By order entered ing the transportation o f: General com­ I s a ia h T. C r e s w e l l , Jr.,' November 30, 1973, the Motor Carrier modities, usual exceptions, and other Advisory Committee Board approved the transfer to Stiefer- specified commodities, from and to speci­ Management Officer, man Bros. Van & Storage Co., Maryland fied points and areas in Kansas and [FR Doc.73-26226 Filed 12-10-73:8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 FEDERAL REGISTER 34161

CUMULATIVE LIST OF PARTS AFFECTED— 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. Page 3 CFR Page 12 CFR— Continued Paee 22 CFR P roposed R u l e s : P roposed R u l e s : P roclamations : 563b___ 34060 41— ______33603 4256______34101 563c______34060 E xecutive O rders: 23 CFR 10480 (Suspended in part by E.O. 13 CFR 1 — 33465 111______;______33588 11748)______1— ------33575 24 CFR 11726 (Superseded in part by E.O. 14 CFR 33768 11748)_____------33575 1914 ___ _ 33465, 33466, 33767, 11748______—______33575 39______— 33391, 33764, 33765, 33971 1915 ______“______33467 71— '______33277, 25 CFR 5 CFR 33391-33394, 33464, 33588, 33765, 213-______- ---- 33487, 33766, 33972, 34111, 34112 P roposed R u l e s : 33577, 33757, 33758,34103,34104 73— ______33394 60—______33401 P roposed R u l e s : 75______33394, 33766 153______33402 93______-______33972 731______— _____ — 33315 95-«______33589 26 CFR 1______33290, 33395, 33973 6 CFR 97______33589 385______— ______33972 601— ______—. 33300 150-___ 33487,33577, 33758, 33976, 34119 152__ *______33581 P roposed R u l e s : P roposed R u l e s : 155 ______33488, 33489 71______33404, 1— ______33490 Rulings______-33489, 33582, 34121 33501,33603,33774, 33994, 34123 31______33490 73-______33994 301______33490 7 CFR 15 CFR 210______- ______— 34105 27 CFR 215______34105 6------33482 5______33470 220______- ______34105 376 ______33590 70______33767 377 ______33592 250—______33965 28 CFR 724______34106 1000______33486 811 ______:____ 33759 0_____ 33471 16 CFR 871______33273 29 CFR 873______*______. 33582 13______— ______33277, 33279 905______33761 303—______—______34112 1910______33397 907______33761, 33965, 34110 425— ______33766 1926______33397 910______- 33762 429______33766 P roposed R u l e s : 926______33762 1508—_____ — ______33593 1910______1700______— 33280 33983 959______33763 1926______33983 1030______33455 P roposed R u l e s : 1464______33276 1______33618 30 CFR 1872 _ 33763 1508______i ______33405 75______33397 1873 _ 33586 17 CFR P roposed R u l e s : 32A CFR 210______33282, 33973 30____ 33979 Ch. VI: 818____ .______33400 P roposed R u l e s : BDC Notice 3. 33472 909______— 33400 230______33779 33 tFR 928______33400, 33491 62______33472 1701______— 33774,3398318 CFR 2______33766 66______33473 9 CFR 157______33766 74______33472 76______— 33455 110______33473, 33474, 33973 19 CFR 117______; ______33593 94____ 33763 1______33284 34 CFR 97______33763 153______- ______— 33593 113______33764 200______33769 201______33965 P roposed R u l e s : 251______33770 6______—— 33979 P roposed R u l e s : 36 CFR 317______— ___ 33308 20 CFR 212___ 33474 381______— 33308 410______I ______33464 38 CFR 10 CFR 21 CFR 3______34115 1 33284, 33465 30 ______33969 21______33303, 34116 31 ______33969,34110 2— ______- ______33593 36___—, ______- ______33771 32 ______.______34110 135d______'------33767 P roposed R u l e s : 149c______i______33767 40------33970 3______34129 70------33970 1401— ______33744 150______33970 P roposed R u l e s : 40 CFR 1______33492 52______33368, 33556, 33702, 33973, 34116 12 CFR 102______- ____ 33984 80- 33734 204______33456 130______33774 112. 34164 544____ 33456 1000______33313 164. 34117 563______33457 1040_____ 34083 166- 33303 563c______33457 1301______33774 180______33398, 33973, 33974, 34117

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34162 FEDERAL REGISTER

40 CFR— Continued Page 45 CFR— Continued Page 47 CFR— Continued Page P roposed R u l e s : 249______33383 64______QQ47K 52______33563, 33775, 33777, 34124 1204______34118 73____ _-___ 33598,34119 76_i______80______34126 P roposed R u l e s : ------33398 169______34129 87______•______------33974 180______— 33604, 33997 103______33565 95______------33302 406____ 33438 170______33985 97______------33974 185______33874 409______'_ 33846 P roposed R u l e s : 418_____ 33852 2______------33604, 33617 425_____ 33860 46 CFR 73-______33405, 33406,34129 77______33474 81______. ------33604 41 CFtf 96______33474 1-1______33594 87______33604, 33618 195_(______33474 89______33604, 33617 1-4______33594 310______34118 1-18______&______33596 91__ _L___ ------33604 15-1______33772 P roposed R u l e s : 93______33604 94______101-25____ 33596 30______33494 ------33604 42 CFR 50______— 34122 49 CFR 1______34117 54______34122 56______— 34122 7______34112 43 CFR 61______34122 99______33975 1023______P roposed R u l e s : 64______33494 ______33772 90______1033______33302, 33399, 33482 421______34122 33498 98______33498 P roposed R u l e s : P u b l ic L an d O rders: 528______33501 5362______i ______33597 567______33404, 33775 571______33501 47 CFR 45 CFR 206______33380 0 . 33597, 33974 50 CFR 248______33380 1. 33302, 33475 280____ 33492

FEDERAL REGISTER PAGES AND DATES— DECEMBER 33267-33383______Dec. 3 33385-33445— '______4 33447-33567______5 33569-33749______6 33751-33958______7 33959-34091______10 34095-34170______11

FEDERAL REGISTER, V O L 38, NO. 237— TUESDAY, DECEMBER 11, 1973 TUESDAY, DECEMBER 11, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 237

PART II

ENVIRONMENTAL PROTECTION AGENCY

OIL POLLUTION PREVENTION

Non-Transportation Related Onshore and Offshore Facilities 34164 RULES AND REGULATIONS

Title 40— Protection of the Environment tion, could reasonably be expected to dis­ Section 112.3(f)(1) (§ 112.3(e) (1) in CHAPTER I— ENVIRONMENTAL charge oil into or upon the navigable the proposed regulation) was changed to PROTECTION AGENCY waters of the United States or adjoining include the nonavailability of qualified shorelines. personnel as a reason for the Regional SUBCHAPTER » —WATER PROGRAMS Sections 112.1(b), 112.1(d)(4) and Administrator granting an extension of PART 112— OIL POLLUTION PREVENTION 112.3 are now consistent. time. Non-transportation Related Onshore and Section 112.1(d) (1) was expanded to D. Section 112.4—Amendment of spill Offshore Facilities further clarify the respective authori­ prevention control and countermeasure ties of the Department of Transporta­ plans by Regional Administrator. Section Notice of proposed rule making was tion and the Environmental Protection 112.4(a) (11), permits the Regional Ad­ published on July 19, 1973, containing Agency by referring to the Memorandum ministrator to require that the owner or proposed regulations, required by an of Understanding between the Secretary operator furnish additional information pursuant to section 311 (j) (1) (C) of the of Transportation and the Administra­ to EPA after one or more spill event has Federal Water Pollution Control Act, tor of the Environmental Protection occurred. The change limits the request as amended (86 Stat. 868, 33 U.S.C. 1251 Agency (Appendix). for additional information to that per­ et seq.), (FW PC A), to prevent discharges Section 112.1(d)(2), the figure for tinent to the SPCC Plan or to the pollu­ of oil into the navigable waters of the barrels was converted to gallons, a unit tion incident. United States and to contain such dis­ of measure more familiar to the public, Section 112.4(b) now reads “Section charges if they occur. The proposed reg­ and now reads “ 42000 gallons.” 112.4 * * *” , not “ This subsection * * *” ulations endeavor to prevent such spills Section 112.1(d)(3), exemption for Section 112.4(e) allowed the Regional by establishing procedures, methods and facilities with nonburied tankage was Administrator to require amendments equipment requirements of owners or op­ extended to 1320 gallons in aggregate to SPCC Plans and specifies that the erators of facilities engaged, in drilling, with no single tank larger than 660 gal­ amendment must be incorporated in the producing, gathering, storing, processing, lons and applies to all oils,-not just heat­ Plan within 30 days unless the Regional refining, transferring, distributing, or ing oil and motor fuel. Tanks of 660 Administrator specifies an earlier effec­ consuming oil. gallons are the normal domestic code size tive date. The change allows the Regional Written comments on the proposed for nonburied heating oil tanks. Build­ Administrator to specify any appropri­ regulations were solicited and received ings may have two such tanks. Facilities ate date that is reasonable. from interested parties. In addition, a containing small quantities of oil other Section 112.4(f). A new § 112.4(f) has number of verbal comments on the pro­ than motor fuel or heating oil would been added which provides for an appeal posal were also received. The written also be exempt, thus making this con­ by an owner or operator from a decision comments are on file at the Division of sistent with the definition of oil in § 112.2. rendered by the Regional Administrator Oil and Hazardous Materials, Office of B. Section 112.2—Definitions. Section on an amendment to an SPCC Plan. The Water Program Operations, U.S. En­ 112.2(1), the term “navigable waters” appeal is made to the Administrator of vironmental Protection Agency, Wash­ was expanded to the more descriptive EPA and the paragraph outlines the pro­ ington, D.C. definition used by the National Pollutant cedures for making such an appeal. All of the comments have been given Discharge Elimination System. E. Section 112.5—Amendment of spill careful consideration and a number of Section 112.2 (m ), the U.S. Coast prevention control and countermeasure changes have been made in the regula­ Guard definition of the term “vessel” plans by owners x>r operators. Section tion. These changes incorporate either was included. This term is used in the 112.5(b) required the owner or operator suggestions made in the comments or regulation and the definition is consist­ to amend the SPCC Plan every three ideas initiated by the suggestions. ent with the Department of Transpor­ years. The amendment required the in­ Some comments reflected a misunder­ tation regulations. corporation of any new, field-proven standing of the fundamental principles C. Section 112.3—Requirements for the technology and had to be certified by a of the regulation, specifically as they ap­ preparation and implementation of spill Professional Engineer. plied to older facilities and marginal op­ prevention control and countermeasure The change requires that the owner erations. During the development of the plans. A new paragraph (c) was added or operator review the Plan every three regulation it was recognized that no to § 112.3 which applies to mobile or port­ years to see if it needs amendment. New single design or operational standard can able facilities subject to the regulation. technology need be incorporated only if be prescribed for all non-transportation These facilities need not prepare a new it will significantly reduce the likelihood related facilities, since the equipment Spill Prevention Control and Counter­ of a spill. The change will prevent friv­ and operational procedures appropriate measure Plan (SPCC Plan) each time the olous retrofitting of equipment to facili­ for one facility may not be appropriate facility is moved to a new site, but may ties whose prevention plans are working for another because of factors such as prepare a general plan, identifying good successfully, and will not require engi­ function, location, and age of each facil­ spill prevention engineering practices (as neering certification unless an amend­ ity. Also, new facilities could achieve a outlined in the guidelines, § 112.7), and ment is necessary. higher level of spill prevention than older implement these practices at each new Section 112.5(c), this paragraph re­ facilities by the use of fail-safe design location. quired that the owner or operator amend concepts and innovative spill prevention Section 112.3(a), (b) and (f) (which his SPCC Plan when his facility became methods and procedures. It was con­ was § 112.3(e) in the proposed rule mak­ subject to §112.4 (amendment by the cluded that older facilities and marginal ing) have been modified to allow exten­ Regional Administrator). This para­ operations could develop strong spill con­ sions of time beyond the normally speci­ graph has been removed. It is inconsist­ tingency plans and commit manpower, fied periods to apply to the preparation ent to require the owner or operator to oil containment devices and removal of plans as well as to their implementa­ independently amend the Plan while the equipment to compensate for inherent tion and to remove the time limitation Regional Administrator is reviewing it weaknesses in the spill prevention plan. of one year for extensions. Extensions Appropriate changes were made in the for possible amendment. may be allowed for whatever period of F. Section112.6—Civil penalties. There regulation to simplify, clarify or correct time considered reasonable by the Re­ are no changes in this section. deficiencies in the proposal. gional Administrator. A discussion of these changes, section G. Section 112.7— Guidelines for the Section 112.3(e) (which was § 112.3 preparation and implementation of a by section follows: A. Section 112.1—General applicabil­ (d) in the proposed rule making) was spill prevention control and counter­ ity. Section 112.1(b), the “ foreseeabil­ modified to require the maintenance of measure plan. Numerous changes have ity provision” , contained in 112.1(d)(4) the SPCC Plan for inspection at the fa ­ been made in the guidelines section; the changes have been primarily: was added to paragraph 112.1(b). As cility only if the facility was normally 1. To correct the use of language in­ modified, the regulation applies to non­ manned. If the facility is unmanned, the consistent with guidelines. For example, transportation-related onshore and off­ Plan may be kept at the nearest field the word “shall” has been changed to shore facilities which, due to their loca- office. “should” in § 112.7(a) through (e).

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 RULES AND REGULATIONS 34165

2. To give the engineer preparing the are subject to these regulations to the case of any abandoned offshore facility, Plan greater latitude to use alternative same extent as any person, except for the the person who owned or operated such methods better suited to a given facility provisions of § 112.6. facility immediately prior to such aban­ or local conditions. (d) This part does not apply to: donment. 3. To cover facilities subject to the reg­ (1) Equipment or operations of vessels (f) “Person” includes an individual, ulation, but for which no guidelines were or transportation-related onshore and firm, corporation, association, and a previously given. This category includes offshore facilities which are subject to partnership. such things as mobile facilities, and drill­ authority and control of the Department (g) “Regional Administrator”, means ing and workover rigs. of Transportation, as defined in the the Regional Administrator of the En­ In addition, wording was changed to Memorandum of Understanding between vironmental Protection Agency, or his differentiate between periodic observa­ the Secretary of Transportation and the designee, in and for the Region in which tions by operating personnel and formal Administrator of the Environmental Pro­ the facility is located. inspections with attendant record keep­ tection Agency, dated November 24,1971, (h) “ Transportation-related” and ing. 36 FR 24000. “non-transportation-related” as ap­ These regulations shall become effec­ (2) Facilities which have an aggregate plied to an onshore or offshore facility, tive January 10, 1974. storage of 1320 gallons or less of oil, pro­ are defined in the Memorandum of Understanding between the Secretary Dated: November 27, 1973. vided no single container has a capacity in excess of 660 gallons. of Transportation and the Administra­ J o h n Q u a r les, (3) Facilities which have a total stor­ tor of the Environmental Protection Acting Administrator. age capacity of 42000 gallons or less of Agency, dated November 24, 1971, 36 FR A new Part 112 would be added to sub­ oil and such total storage capacity is 24080. chapter D, Chapter I of Title 40, Code of buried underground. (i) “ Spill event” means a discharge of Federal Regulations as follows: (4) Non-transportation-related on­ oil into or upon the navigable waters of shore and offshore facilities, which, due the United States or adjoining shorelines Sec, to their location, could not reasonably in harmful quantities, as defined at 40 112.1 General applicability. CFR Part 110. 112.2 Definitions. be expected to discharge oil into or upon 112.3 Requirements for preparation and im­ the navigable waters of the United States (j) “United States” means the States, plementation of Spill Prevention or adjoining shorelines. the District of Columbia, the Common­ Control and Countermeasure plans. (e) This part provides for the prepara­ wealth of Puerto Rico, the Canal Zone, 112.4 Amendment of Spill Prevention Con­ tion and implementation of Spill Pre­ Guam, American Samoa, the Virgin Is­ trol and Countermeasure Plans by vention Control and Countermeasure lands, and the Trust Territory of the Regional Administrator. Plans prepared in accordance with Pacific Islands. 112.5 Admendment of Spill Prevention Con­ § 112.7, designed to complement existing (k) Thè term “navigable waters” of trol and Countermeasure Plans by * owners or operators. laws, regulations, rules, standards, poli­ the United States means “navigable 112.6 Civil penalties. cies and procedures pertaining to safety waters” as defined in section 502(7) of 112.7 Guidelines for the preparation and standards, fire prevention and pollution the FWPCA, and includes: implementation of a Spill Preven­ prevention rules, so as to form a compre­ ( l ) all navigable waters of the United tion Control and Countermeasure hensive balanced Federal/State spill pre­ States, as defined in judicial decisions Plan. vention program to minimize the poten­ prior to passage of the 1972 Amendments Appendix Memorandum of Understanding tial for oil discharges. Compliance with to the FWPCA (Pub. L. 92-500), and Between the Secretary of the De­ this part does not in any way relieve the tributaries of such waters; partment of Transportation and the Administrator of the Environmental owner or operator of an onshore or an (2) interstate waters; Protection Agency. Section II— Defi­ offshore facility from compliance with (3) intrastate lakes, rivers, and nitions. other Federal, State or local laws. streams which are utilized by interstate travelers for recreational or other pur­ A u t h o r it y : Secs. 311 (j) (1) (C ). 311 (j) (2), § 112.2 Definitions. 501(a), Federal Water Pollution Control Act poses; and (Sec. 2, Pub. L. 92-500, 86 Stat. 816 et seq. For the purposes of this part: (4) intrastate lakes, rivers, and (33 U.S.C. 1251 et seq .)); Sec. 4 (b ), Pub. L. (a) “ Oil” means oil of any kind or in streams from which fish or shellfish are 92-500, 86 Stat. 897; 5 U.S.C. Reorg. Plan of any form, including, but not limited to taken and sold in interstate commerce. 1970 No. 3 (1970), 35 FR 15623, 3 CFR 1966- petroleum, fuel oil, sludge, oil refuse and (1) “Vessel” means every description 1970 Comp.; E.O. 11735. 38 FR 21243. 3 CFR. oil mixed with wastes other than dredged of watercraft or other artificial contriv­ § 112.1 General applicability. spoil. ance used, or capable of being used as (b) “Discharge” includes but is not a means of transportation on water, (a) This part establishes procedures, limited to, any spilling, leaking, pump­ other than a public vessel. methods and equipment and other re­ ing, pouring, emitting, emptying or quirements for equipment to prevent the dumping. For purposes of this part, the § 112.3 Requirements for preparation and implementation of Spill Preven­ discharge of oil from non-transporta­ term “discharge” shall not include any tion-related onshore and offshore facili­ tion Control and Countermeasure discharge of oil which is authorized by Plans. ties into or upon the navigable waters of a permit issued pursuant to Section 13 the United States or adjoining shore­ of the River and Harbor Act of 1899 (30 (a) Owners or operators of onshore and lines. Stat. 1121, 33 U.S.C. 407), or Sections 402 offshore facilities in operation on or be­ (b) Except as provided in paragraph or 405 of the FWPCA Amendments of fore the effective date of this part that (d) of this section, this part applies to 1972 (86 Stat. 816 et seq., 33 U.S.C. 1251 have discharged or could reasonably be owners or operators of non-transporta­ et seq.). expected to discharge oil in harmful tion-related onshore and offshore facili­ (c) “ Onshore facility” means any quantities, as defined in 40 CF|1 Part ties engaged in drilling, producing, gath­ facility of any kind located in, on, or 110, into or upon the navigable waters of ering, storing, processing, refining, under any land within the United States, the United States or adjoining shorelines, transferring, distributing or consuming other than submerged lands, which is shall prepare a Spill Prevention Control oil and oil products, and which, due to not a transportation-related facility. and Countermeasure Plan (hereinafter their location, could reasonably be ex­ (d) “ Offshore facility” means any “SPCC Plan” ) , in accordance with pected to discharge oil in harmful quan­ facility of any kind located in, on, or § 112.7. Except as provided for in para­ tities, as defined in Part 110 of this chap­ under any of the navigable waters of graph (f ) of this section, such SPCC Plan ter, into or upon the navigable waters of the United States, which is not a trans­ shall be prepared within six months af­ the United States or adjoining shorelines. portation-related facility. ter the effective date of this part and (c) As provided in sec. 313 (86 Stat. (e) “ Owner or operator” means any shall be fully implemented as soon as 875) departments, agencies, and instru­ person owning or operating an onshore possible, but not later than one year mentalities of the Federal government facility or an offshore facility, and in the after the effective date of this part.

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34166 RULES AND REGULATIONS

(b) Owners or operators of onshore ply with the requirements of this part (6) Description of the facility, includ­ and offshore facilities that become op­ as a result of either nonavailability of ing maps, flow diagrams, and topograph­ erational after the effective date of this qualified personnel, or delays in con­ ical maps; part, and that have discharged or could struction or equipment delivery beyond (7) A complete copy of the SPCC Plan reasonably be expected to discharge oU the control and without the fault of such with any amendments; in harmful quantities, as defined in 40 owner or operator or their respective (8) The cause(s) of such spill, includ­ CFR Part 110, into or upon the navigable agents or employees. ing a failure analysis of system or sub­ waters of the United States or adjoining (2) Any owner or operator seeking an system in which the failure occurred; shorelines, shall prepare an SPCC Plan extension of time pursuant to paragraph (9) The corrective actions and/or in accordance with § 112.7. Except as (f) (1) of this section may submit a letter countermeasures taken, including an provided for in paragraph (f) of this sec­ of request to the Regional Administrator. adequate description of equipment re­ tion, such SPCC Plan shall be prepared Such letter shall include: pairs and/or replacements; within six months after the date such (i) A complete copy of the SPCC Plan, (10) Additional preventive measures facility begins operations and shall be if completed; taken or contemplated to minimize the fully implemented as soon as possible, (ii) A full explanation of the cause for possibility of recurrence; but not later than one year after such any such delay and the specific aspects (11) Such other information as the facility begins operations. of the SPCC Plan affected by the delay; Regional Administrator may reasonably (c) Onshore and offshore mobile or (iii) A full discussion of actions being require pertinent to the Plan or spill portable facilities such as onshore drill­ taken or contemplated to minimize or event. ing or workover rigs, barge mounted off­ mitigate such delay; (b) Section 112.4 shall not apply until shore drilling or workover rigs, and port­ (iv) A proposed time schedule for the the expiration of the time permitted for able fueling facilities shall prepare and implementation of any corrective actions the preparation and implementation of implement an SPCC Plan as required by being taken or contemplated, including an SPCC Plan pursuant to § 112.3 (a), paragraphs (a ), (b) and (d) of this sec­ interim dates for completion of tests or (b), (c) and (f). tion. The owner or operator of such facil­ studies, installation and operation of any (c) A complete copy of all information ity need not prepare and implement a necessary equipment or other preventive provided to the Regional Administrator new SPCC Plan each time the facility is measures. pursuant to paragraph (a) of this section moved to a new site. The SPCC Plan for In addition, such owner or operator may shall be sent at the same time to the mobile facilities should be prepared in present additional oral or written state­ State agency in charge of water pollu­ accordance with § 112.7, using good en­ ments in support of his letter of request. tion control activities in and for the gineering practice, and when the mobile (3) The submission of a letter of re­ State in which the facility is located. facility is moved it should be located quest for extension of time pursuant to Upon receipt of such information-such and installed using spill prevention prac­ paragraph (f) (2) of this section shall in State agency may conduct a review and tices outlined in the SPCC Plan for the no way relieve the owner or operator make recommendations to the Regional facility. The SPCC Plan shall only apply from his obligation to comply with the Administrator as to further procedures, while the facility is in a fixed (non trans­ requirements of §112.3 (a), (b) or (c). methods, equipment and other require­ portation) operating mode. Where an extension of time is authorized ments for equipment necessary to pre­ (d) No SPCC Plan shall be effective by the Regional Administrator for par­ vent and to contain discharges of oil to satisfy the requirements of this part ticular equipment or other specific as­ from such facility. unless it has been reviewed by a Regis­ pects of the SPCC Plan, such extension (d) After review of the SPCC Plan for tered Professional Engineer and certi­ shall in no way affect the owner’s or op­ a facility subject to paragraph (a) of fied to by such Professional Engineer. erator’s obligation to comply with the this section, together with all other in­ By means of this certification the en­ requirements of § 112.3 (a ), (b) or (c) formation submitted by the owner or gineer, having examined the facility and with respect to other equipment or other operator of such facility, and by the being familiar with the provisions of this specific aspects of the SPCC Plan for State agency under paragraph (c) of part, shall attest that the SPCC Plan has which an extension of time has not been this section, the Regional Administra­ been prepared in accordance with good expressly authorized. tor may require the owner or operator engineering practices. Such certification of such facility to amend the SPCC Plan shall in no way relieve the owner or op­ § 112.4 Amendment of SPCC Plans by if he finds that the Plan does not meet erator of an onshore or offshore facility Regional Administrator. the requirements of this part or that of his duty to prepare and fully imple­ (a) Notwithstanding compliance with the amendment of the Plan is neces­ ment such Plan in accordance with § 112.3, whenever a facility subject to sary to prevent and to contain discharges § 112.7, as required by paragraphs (a), § 112.3 (a), (b) or (c) has: Discharged of oil from such facility. (b) and (c) of this section. more than 1,000 U.S. gallons of oil into (e) When the Regional Administra­ (e) Owners or operators of a facility or upon the navigable waters of the tor proposes to require an amendment to for which an SPCC Plan is required pur­ United States or adjoining shorelines in the SPCC Plan, he shall notify the fa­ suant to paragraphs (a), (b) or (c) of a single spill event, or discharged oil in cility operator by certified mail addressed this section shall maintain a complete harmful quantities, as defined in 40 CFR to, or by personal delivery to, the facility copy of the Plan at such facility if the Part 110, into or upon the navigable owner or operator, that he proposes to facility is normally attended at least 8 waters of the United States or adjoining require an amendment to the Plan, and hours per day, or at the nearest field shorelines in two spill events, reportable shall specify the terms of such amend­ office if the facility is not so attended, under section 311(b) (5) of the FWPCA, ment. If the facility owner or opera­ and shall make such Plan available to occurring within any twelve month pe­ tor is a corporation, a copy of such the Regional Administrator for on-site riod, the owner or operator of such fa­ notice shall also be mailed to the regis­ review during normal working hours. cility shall submit to thè Regional Ad­ tered agent, if any, of such corporation (f) Extensions of time. ministrator, within 60 days from the time in the State where such facility is lo­ (1) The Regional Administrator may such facility becomes subject to this sec­ cated. Within 30 days from receipt of authorize an extension of time for the tion, the following: such notice, the facility owner or opera­ preparation and full implementation of (1) Name of the facility; tor may submit written information, views, and arguments on the amendment. an SPCC Plan beyond the time permitted (2) Name(s) of the owner or operator of the facility; After considering all relevant material for the preparation and implementation (3) Location of the facility; presented, the Regional Administrator of an SPCC Plan pursuant to paragraphs (4) Date and year of initial facility shall notify the facility owner or opera­ (a ), (b) or (c) of this section where he operation; tor of any amendment required or shall finds that the owner or operator of a (5) Maximum storage or handling ca­ rescind the notice. The amendment re­ facility subject to paragraphs (a), (b) pacity of the facility and normal daily quired by the Regional Administrator or (c) of this section cannot fully com­ throughput; shall become part of the Plan 30 days

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 RULES AND REGULATIONS 34167 after such notice, unless the Regional § 112.6 Civil penalties. is not practicable from any onshore or Administrator, for good, cause, shall Owners or operators of facilities sub­ offshore facility, the owner or operator specify another effective date. The owner ject to § 112.3 (a), (b) or (c) who vio­ should clearly demonstrate such im­ or operator of the facility shall imple­ late the requirements of this part .by practicability and provide the follow­ ment the amendment of the Plan as soon failing or refusing to comply with any ing: as possible, but not later than six of the provisions of § 112.3, § 112.4, or ( 1 ) A strong oil spill contingency plan months after the amendment becomes § 112.5 shall be liable for a civil penalty following the provision of 40 CFR Part part of the Plan, unless the Regional Ad­ of not more than $5,000 for each day 109. ministrator specifies another date. that such violation continues. The Re­ (2) A written commitment of man­ (f) An owner or operator may appealgional Administrator may assess and power, equipment and materials re­ a decision made by the Regional Admin­ compromise such civil penalty. No quired to expeditiously control and re­ istrator requiring an amendment to an penalty shall be assessed until the owner move any harmful quantity of oil dis-/ SPCC Plan. The appeal shall be made to or operator shall have been given notice charged. / the Administrator of the United States and an opportunity for hearing. (e) In addition to the minimal pré­ Environmental Protection Agency and vention standards listed under § J/L2.7 must be made in writing within 30 days § 112.7 Guidelines for the preparation (c ), sections of the Plan should ipélude of receipt of the notice from the Regional and implementation of a Spill Pre­ a complete discussion of conformance Administrator requiring the amendment. vention Control and Countermeasure with the following applicable guidelines, A complete copy of the appeal must be Plan. other effective spill prevention and con­ sent to the Regional Administrator at the The SPCC Plan shall be a carefully tainment procedures (or, if more strin­ time the appeal is made. The appeal shall thought-out plan, prepared in accordance gent, with State rules, regulations and contain a clear and concise statement of with good engineering practices, and guidelines) : the issues and points of fact in the case. which has the full approval of manage­ (1) Facility drainage {onshore); (ex­ It may also contain additional informa­ ment at a level with authority to com­ cluding production facilities). (i) Drain­ tion which the owner or operator wishes mit the necessary resources. If the plan age from diked storage areas should be to present in support of his argument. calls for additional facilities or proce­ restrained by valves or other positive The Administrator or his designee may dures, methods, or equipment not yet means to prevent a spill or other exces­ request additional information from the fully operational, these items should be sive leakage of oil into the drainage sys­ owner or operator, or from any other discussed in separate paragraphs, and tem or inplant effluent treatment sys­ person. The Administrator or his des­ the details of installation and opera­ tem, except where plan systems are de­ ignee may request additional informa­ tional start-up should be explained sep­ signed to handle such leakage. Diked tion from the owner or operator, or from arately. The complete SPCC Plan shall areas may be emptied by pumps or ejec­ any other person. The Administrator or follow the sequence outlined below, and tors; however, these should be manually his designee shall render a decision include a discussion of the facility’s con­ activated and the condition of the accu­ within 60 days of receiving the appeal formance with the appropriate guidelines mulation should be examined before and shall notify the owner or operator of listed: starting to be sure no oil will be dis­ his decision. (a) A facility which has experienced charged into the water. one or more spill events within twelve (fi) Flapper-type drain valves should § 112.5 Amendment of Spill Prevention months prior to the effective date of this not be used to drain diked areas. Valves Control and Countermeasure Plans by used for the drainage of diked areas owners or operators. part should include a written descrip­ tion of each such spill, corrective action should, as far as practical, be of man­ (a) Owners or operators of facilities taken and plans for preventing ual, open-and-closed design. When subject to § 112.3 (a ), (b) or (c) shall recurrence. plant drainage drains directly into amend the SPCC Plan for such facility (b) Where experience indicates a rea­ water courses and not into wastewater in accordance with § 112.7 whenever sonable potential for equipment failure treatment plants, retained storm water there is a change in facility design, con­ (such as tank overflow, rupture, or leak­ should be inspected as provided in para­ struction, operation or maintenance age) , the plan should include a pre­ graph (e) (2) (iii) (B, C and D) before which materially affects the facility’s diction of the direction, rate of flow, and drainage. potential for the discharge of oil into or total quantity of oil which could be dis­ (iii) Plant drainage systems from un­ upon the navigable waters of the United charged from the facility as a result of diked areas should, if possible, flow into States or adjoining shorelines. Such each major type of failure. ponds, lagoons or catchment basins, de­ amendments shall be fully implemented (c) Appropriate containment and/or signed to retain oil or return it to the as soon as possible, but not later than diversionary structures or equipment to facility. Catchment basins should not be six months after such change occurs. prevent discharged oil from reaching a located in areas subject to periodic (b) Notwithstanding compliance with navigable water course should be pro­ flooding. paragraph (a) of this section, owners vided. One of the following preventive (iv) If plant drainage is not en­ and operators of facilities subject to systems or its equivalent' should be gineered as above, the final discharge of § 112.3 (a ), (b) or (c) shall complete a used as a minimum: all in-plant ditches should be equipped review and evaluation of the SPCC Plan (1) Onshore facilities. with a diversion system that could, in at least once every .three years from the (1) Dikes, berms or retaining walls the event of an uncontrolled spill, return date such facility becomes subject to this sufficiently impervious to contain spilled the oil to the plant. part. As a result of this review and eval­ oil (v) Where drainage waters are treated uation, the owner or operator shall (ii) Curbing in more than one treatment unit, nat­ amend the SPCC Plan within six months (iii) Culverting, gutters or other ural hydraulic flow should be used. If of the "review to include more effective drainage systems pump transfer is needed, two “lift” prevention and control technology if: (iv) Weirs, booms or other barriers pumps should be provided, and at least (1) Such technology will significantly (v) Spill diversion ponds one of the pumps should be permanently reduce the likelihood of a spill event (vi) Retention ponds installed when such treatment is con­ from the facility, and (2) if such tech­ (vii) Sorbent materials tinuous. In any event, whatever tech­ nology has been field-proven at the time (2) Offshore facilities. niques are used facility drainage systems of the review. (i) Curbing, drip pans should be adequately engineered to pre­ (c) No amendment to an SPCC Plan (ii) Sumps and collection systems vent oil from reaching navigable waters shall be effective to satisfy xthe require­ (d) When it is determined that the in the event of equipment failure or ments of this section unless it has been installation of structures or equipment human error at the facility. certified by a Professional Engineer in listed in § 112.7(c) to prevent discharged (2) Bulk storage tanks (onshore) ; (ex­ accordance with § 112.3(d). oil from reaching the navigable waters cluding production facilities), (i) No

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34168 RULES AND REGULATIONS tank should be used for the storage of (B) The feasibility of installing an ex­joints, valve glands and bodies, catch oil unless its material and construction ternal heating system should also be con­ pans, pipeline supports, locking of valves, are compatible with the material stored sidered. and metal surfaces should be assessed. In and conditions of storage such as pres­ (viii) New and old tank installations addition, periodic pressure testing may sure and temperature, etc. should, as far as practical, be fail-safe be warranted for piping in areas where (ii) All bulk storage tank installations engineered or updated into a fail-safe facility drainage is such that a failure should be constructed so that a second­ engineered installation to avoid spills. might lead to a spill event. ary means of containment is provided for Consideration should be given to provid­ (v) Vehicular traffic granted entry into ’ the entire contents of the largest single ing one or more of the following devices: the facility should be warned verbally tank plus sufficient freeboard to allow (A ) High liquid level alarms with an or by appropriate signs to be sure that for precipitation. Diked areas should be audible or visual signal at a constantly the vehicle, because of its size, will not sufficiently impervious to contain spilled manned operation or surveillance sta­ endanger above ground piping. oil. Dikes, containment curbs, and pits tion; in smaller plants an audible air (4) Facility tank car and tank truck are commonly employed for this purpose, vent may suffice. loading/unloading rack (onshore) > (i) but they may not always be appropriate. (B) Considering size and complexity Tank car and tank truck loading/un- An alternative system could consist of a of the facility, high liquid level pump loading procedures should meet the min­ complete drainage trench enclosure ar­ cutoff devices set to stop flow at a pre­ imum requirements and regulation estab­ ranged so that a spill could terminate determined tank content level. lished by the Department of Transpor­ and be safely confined in an in-plant (C) Direct audible or code signal com­ tation. catchment basin or holding pond. munication between the tank gauger and (ii) Where rack area drainage does (iii) Drainage of rainwater from the the pumping station. not flow into a catchment basin or treat­ diked area into a storm drain or an efflu­ (D) A fast response system for deter­ ment facility designed toShandle spills, a ent discharge that empties into an open mining the liquid level of each bulk stor­ quick drainage system should be used for water course, lake, or pond, and bypass­ age tank such as digital computers, tele­ tank truck loading and unloading areas. ing the in-plant treatment system may pulse, or direct vision gauges or their The containment system should be de­ be acceptable i f : equivalent. signed to hold at least maximum capacity (A) The bypass valve is normally (E) Liquid level sensing devices should of any single compartment of a tank car sealed closed. be regularly tested to insure proper or tank truck loaded or unloaded in the (B) Inspection of the run-off rain operation. plant. water ensures compliance with appli­ (ix) Plant effluents which are dis­ (iii) An interlocked warning light or cable water quality standards and will charged into navigable waters should physical barrier system, or warning not cause a harmful discharge as defined have disposal facilities observed fre­ signs, should be provided in loading/un- in 40 CFR 110. quently enough to detect possible system loading areas to prevent vehicular de­ (C) The bypass valve is opened, and upsets that could cause an oil spill event. parture before complete disconnect of resealed following drainage under re­ (x) Visible oil leaks which result in a flexible or fixed transfer lines. sponsible supervision. loss of oil from tank seams, gaskets, rivets (iv) Prior to filling and departure of and bolts sufficiently large to cause the any tank car or tank truck, the lower­ (D) Adequate records are kept of most drain and all outlets of such ve­ such events. accumulation of oil in diked areas should be promptly corrected. hicles should be closely examined for (iv) Buried metallic storage tanks rep­ leakage, and if necessary, tightened, ad­ resent a potential for undetected spills. (xi) Mobile or portable oil storage tanks (onshore) should be positioned or justed, or replaced to prevent liquid A new buried installation should be pro­ leakage while in transit. tected from corrosion by coatings, located so as to prevent spilled oil from reaching navigable waters. A secondary (5) Oil production facilities (onshore). cathodic protection or other effective (i) Definition. An onshore production fa­ methods compatible with local soil con­ means of containment, such as dikes or catchment basins, should be furnished cility may include all wells, flowlines, ditions. Such buried tanks should at least separation equipment, storage facilities, be subjected to regular pressure testing. for the largest single compartment or tank. These facilities should be located gathering lines, and auxiliary non-trans- (v) Partially buried metallic tanks for where they will not be subject to periodic portation-related equipment and facili­ the storage of oil should be avoided, un­ flooding or washout. ties in a single geographical oil or gas less the buried section of the shell is ade­ (3) Facility transfer operations, pump­field operated by a single operator. quately coated, since partial burial in (ii) Oil production facility (onshore) damp earth can cause rapid corrosion of ing, and in-plant'process (onshore) ; (ex­ drainage. (A) At tank batteries and cen­ metallic surfaces, especially at the earth/ cluding production facilities). (i) Buried tral treating stations where an acci­ piping installations should have a pro­ air interface. dental discharge of oil would have a tective wrapping and coating and should reasonable possibility of reaching navi­ (vi) Aboveground tanks should be be cathodically protected if soil condi­ subject to periodic integrity testing, tak­ gable waters, the dikes or equivalent re­ tions warrant. If a section of buried line quired under § 112.7(c)(1) should have ing into account tank design (floating is exposed for any reason, it should be roof, etc.) and using such techniques as drains closed and sealed at all times carefully examined for deterioration. If except when rainwater is being drained. hydrostatic testing, visual inspection or a corrosion damage is found, additional Prior to drainage, the diked area should system of non-destructive shell thickness examination and corrective action should testing. Comparison records should be be inspected as provided in parag rap h be taken as indicated by the magnitude (e) (2) (iii) (B), C) , and (D ). Accumu­ kept where appropriate, and tank sup­ of the damage. An alternative would be ports and foundations should be in­ lated oil on the rainwater should be the more frequent use of exposed pipe picked up and returned to storage or dis­ cluded in these inspections. In addition^ corridors or galleries. the outside of the tank should fre­ posed of in accordance with approved quently be observed by operating person­ (ii) When a pipeline is not in service, methods. nel for signs of deterioration, leaks or in standby service for an extended (B) Field drainage ditches, road which might cause a spill, or accumula­ time the terminal connection at the ditches, and oil traps, sumps or skim­ tion of oil Inside diked areas. transfer point should be capped or mers, if such exist, should be inspected blank-flanged, and marked as to origin. (vii) To control leakage through de­ at regularly scheduled intervals for ac­ fective internal heating coils, the fol­ (iii) Pipe supports should be properly cumulation of oil that may h a v e escaped lowing factors should be considered and designed to minimize abrasion and cor­ from small leaks. Any such a ccu m u la ­ applied, as appropriate. rosion and allow for expansion and con­ tions should be removed. (A ) The steam return or exhaust linestraction. (iii) Oil production facility (onshore) from internal heating coils which dis­ (iv) All aboveground valves and pipe­ hulk storage tanks. (A ) No tank should charge into an open water course should lines should be subjected to regular ex­ be used for the storage of oil unless it® be monitored for contamination, or aminations by operating personnel at material and construction are co m p ati­ passed through a settling tank, skimmer, which time the general condition of ble with the material stored and the or other separation or retention system. items, such as flange joints, expansion conditions of storage.

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 7------

RULES AND REGULATIONS 34169

(B) All tank battery and central treat­ (7) Oil drilling, production, or work- (x) Surface and subsurface well shut- ing plant installations should be provided over facilities {offshore), (i) Definition: in valves and devices in use at the facil­ with a secondary means of containment “An oil drilling, production or workover ity should be sufficiently described to for the entire contents of the largest sin­ facility (offshore) ” may include all drill­ determine method of activation or con­ gle tank if feasible, or alternate systems ing or workover equipment, wells, flow­ trol, e.g., pressure differential, change in such as those outlined in § 112.7(c) (1). lines, gathering lines, platforms, and fluid or flow conditions, combination of Drainage from undiked areas should be auxiliary nontransportation - related pressure and flow, manual or remote con­ safely confined in a catchment basin or equipment and facilities in a single geo­ trol mechanisms. Detailed records for holding pond. graphical oil or gas field operated by a each well, while not necessarily part of (C) All tanks containing oil should be single operator. the plan should be kept by the owner or visually examined by a competent per­ (ii) Oil drainage collection equipment operator. son for condition and need for mainte­ should^ be used to prevent and control (xi) Before drilling below any casing nance on a scheduled periodic basis. small oil spillage around pumps, glands, string, and during workover operations Such examination should include the valves, flanges, expansion joints, hoses, a blowout preventer (BOP) assembly and foundation ‘and supports of tanks that drain lines, separators, treaters, tanks, well control system should be installed are above the surface of the ground. and allied equipment. Drains on the that is capable of controlling any well­ (D) New and old tank battery installa­ facility should be controlled and directed head pressure that is expected to be en­ tions should, as far as practical, be fail­ toward a central collection sump or countered while that BOP assembly is safe engineered or updated into a fail­ equivalent collection system sufficient to on the well. Casing and BOP installations safe engineered installation to prevent prevent discharges of oil into the naviga­ should be in accordance with State reg­ spills. Consideration should be given to ble waters of the United States. Where ulatory agency requirements. one or more of the following: drains and sumps are not practicable (xii) Extraordinary well control meas­ (f) Adequate tank capacity to assureoil contained in collection equipment ures should be provided should emer­ that a tank will not overfill should a should be removed as often as necessary gency conditions, including fire, loss of pumper/gauger be delayed in making his to prevent overflow. control and other abnormal conditions, regular rounds. (iii) For facilities employing a sump occur. H ie degree of control system re­ (2) Overflow equalizing lines between system, sump and drains should be ade­ dundancy should vary with hazard ex­ tanks so that a full tank can overflow to quately sized and a spare pump or equiv­ posure and probable consequences of an adjacent tank. alent method should be available to failure. It is recommended that surface (3) Adequate vacuum protection to remove liquid from the sump and assure shut-in systems- have redundant or “ fail prevent tank collapse during a pipeline that oil does not escape. A regular sched­ close” valving. Subsurface safety valves run. uled preventive maintenance inspection may not be needed in producing wells (4) High level sensors to generate and and testing program should be employed that will not flow but should be installed transmit an alarm signal to the computer to assure reliable operation of the liquid as required by applicable State regula­ where facilities are a part of a computer removal system and pump start-up de­ tions. production control system. vice. Redundant automatic sump pumps (xiii) In order that there will be no (iv) Facility transfer, operations, oil and control devices may be required on misunderstanding of joint and separate production facility (onshore). (A) All some installations. duties and obligations to perform work above ground valves and pipelines should (iv) In areas where separators and in a safe and pollution free manner, be examined periodically on a scheduled treaters are equipped with dump valves written instructions should be prepared basis for general condition of items such whose predominant mode of failure is in by the owner or operator for contractors as flange joints, valve glands and bodies, the closed position and pollution risk is and subcontractors to follow whenever drip pans, pipeline supports, pumping high, the facility should be specially contract activities include servicing a well polish rod stuffing boxes, bleeder and equipped to prevent the escape of oil. well or systems appurtenant to a well or gauge valves. This could be accomplished by extending pressure vessel. Such instructions and (B) Salt water (oil field brine) dis­ the flare line to a diked area if the sepa­ procedures should be maintained at the posal facilities should be examined often, rator is near shore, equipping it with a offshore production facility. Under cer­ particularly following a sudden change in high liquid level sensor that will auto­ tain circumstances and conditions such atmospheric temperature to detect pos­ matically shut-in wells producing to the contractor activities may require the sible system upsets that could cause an separator, parallel redundant dump presence at the facility of an authorized oil discharge. valves, or other feasible alternatives to representative of the owner or operator (C) Production facilities should have prevent oil discharges. who would intervene when necessary to a program of flowline maintenance to (v) Atmospheric storage or surge tanks prevent a spill event. prevent spills from this source. The pro­ should be equipped with high liquid level (xiv) All manifolds (headers) should gram should include periodic examina­ sensing devices or other acceptable al­ be equipped with check valves on indi­ tions, corrosion protection, flowline re­ ternatives to prevent oil discharges. vidual flowlines. placement, and adequate records, as ap­ (vi) Pressure tanks should be equipped (xv) I f the shut-in well pressure is propriate, for the individual facility. with high and low pressure sensing de­ greater than the working pressure of the (6) Oil drilling and workover facilitiesvices to activate an alarm and/or con­ flowline and manifold valves up to and lonshore) (i) Mobile drilling or workover trol the flow or other acceptable alterna­ including the header valves associated equipment should be positioned or lo­ tives'to prevent oil discharges. with that individual flowline, the flow­ cated so as to prevent spilled oil from (vii) Tanks should be equipped with line should be equipped with a high pres­ reaching navigable waters. suitable corrosion protection. sure sensing device and shutin valve at (ii) Depending on the location, catch­ (viii) A written procedure for inspect­ the wellhead unless provided with a pres­ ment basins or diversion structures may ing and testing pollution prevention sure relief system to prevent over pres­ be necessary to intercept and contain equipment and systems should be pre­ suring. spills of fuel, crude oil, or oily drilling pared and maintained at the facility. (xvi) All pipelines appurtenant to the fluids. Such procedures should be included as facility should be protected from corro­ (iii) Before drilling below any casing part of the SPCC Plan. sion. Methods used, such as protective string or during workover operations, a (ix) Testing and inspection of the pol­ coatings or cathodic protection, should blowout prevention (BOP) assembly and lution prevention equipment and systems be discussed. well control system should be installed at the facility should be conducted by the (xvii) Sub-marine pipelines appurten­ that is capable of controlling any well owner or operator on a scheduled peri­ ant to the facility should be adequately protected against environmental stresses head pressure that is expected to be odic basis commensurate with the com­ encountered while that BOP assembly is and other activities such as fishing on the well. Casing and BOP installations plexity, conditions and circumstances of operations. should be in accordance with State reg­ the facility or other appropriate regula­ (xviii) Sub-marine pipelines appurten­ ulatory agency requirements. tions. ant to the facility should be in good

FEDERAL REGISTER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973 34170 RULES AND REGULATIONS operating condition at all times and in­ should highlight and describe known (G ) Industrial, commercial, agricultural spected on a scheduled periodic basis for spUl events or failures, malfunctioning or public facilities which use and store oil, components, and recently developed pre­ but excluding any terminal facility, unit or failures. Such inspections should be process integrally associated with the han­ documented and maintained at the cautionary measures. dling or transferring of oil in bulk to or from facility. A p p e n d ix a vessel. (8) Inspections and records. Inspec­ (H ) Waste treatment facilities including tions required by this part should be in Memorandum of Understanding between in-plant pipelines, effluent discharge lines, the Secretary of Transportation and the Ad­ accordance with written procedures de­ and storage tanks, but excluding waste treat­ ministrator of the Environmental Protection ment facilities located on vessels and termi­ veloped for the facility by the owner or Agency. operator. These written procedures and nal storage tanks and appurtenances for the SECTION II---DEFINITIONS reception of oily ballast water or tank wash­ a record of the inspections, signed by the ings from vessels and associated systems used appropriate supervisor or inspector, The Environmental Protection Agency and for off-loading vessels. should be made part of the SPCC Plan the Department of Transportation agree that (I) Loading racks, transfer hoses, loading and maintained for a period of three for the purposes of Executive Order 11548, arms and other equipment which are ap­ the term: purtenant to a nontransportation-related years. (1) “Non-transportation-related onshore (9) Security (excluding oil production facility or terminal facility and which are and offshore facilities” means: used to transfer oil in bulk to or from high­ facilities). (i) All plants handling, proc­ (A ) Fixed onshore and offshore oil well way vehicles or railroad cars. essing, and storing oil should be fully drilling facilities including all equipment (J) Highway vehicles and railroad cars fenced, and entrance gates should be and appurtenances related thereto used in which are used for the transport of oil ex­ locked and/or guarded when the plant drilling operations for exploratory or develop­ clusively within the confines of a nontrans­ is not in production or is unattended. ment wells, but excluding any terminal facil­ portation-related facility and which are not ity, unit or process integrally associated with (ii) The master flow and drain valves intended to transport oil in interstate or in­ the handling or transferring of oil in bulk to trastate commerce. and any other valves that will permit or from a vessel. (K ) Pipeline systems which are used for direct outward flow of the tank’s con­ (B ) Mobile onshore and offshore oil well the transport of oil exclusively within the tent to the surface should be securely drilling platforms, barges, trucks, or other confines of a nontransportation-related facil­ locked in the closed position when in mobile facilities including all equipment and ity or terminal facility and which are not in­ non-operating or non-standby status. appurtenances related thereto when such tended to transport oil in interstate or (iii) The starter control on all oil mobile facilities are fixed in position for the intrastate commerce, but excluding pipeline purpose of drilling operations for exploratory systems used to transfer oil in bulk to or pumps should be locked in the “ off” or development wells, but excluding any ter­ from a vessel. position or located at a site accessible minal facility, unit or process integrally as­ (2) “transportation-related onshore and only to authorized personnel when the sociated with the handling or transferring of offshore facilities” means: pumps are in a non-operating or non­ oil in bulk to or from a vessel. (A ) Onshore and offshore terminal facili­ standby status. (C ) Fixed onshore and offshore oil produc­ ties including transfer hoses, loading arms (iv) The loading/unloading connec­ tion structures, platforms, derricks, and rigs and other equipment and appurtenances tions of oil pipelines should be securely including all equipment and appurtenances used for the purpose of handling or trans­ ferring oil in bulk to or from a vessel as capped or blank-flanged when not in related thereto, as well as completed wells and the wellhead separators, oil separators, well as storage tanks and appurtenances for service or standby service for an ex­ and storage facilities used in the production the reception of oily ballast water or tank tended time. This security ^ practice of oil, but excluding any terminal facility, washings from vessels, but excluding ter­ should also apply to pipelines that are unit or process integrally associated with minal waste treatment facilities and ter­ emptied of liquid content either by the handling or transferring of oil in bulk minal oil storage facilities. draining or by inert gas pressure. to or from a vessel. (B ) Transfer hoses, loading arms and (D ) Mobile onshore and offshore oil pro­ other equipment appurtenant to a non­ (v) Facility lighting should be com­ transportation-related facility which is used mensurate with the type and location of duction facilities including all equipment and appurtenances related thereto as well to transfer oil in bulk to or from a vessel. the facility. Consideration should be äs completed wells and wellhead equipment, (C) Interstate and intrastate onshore and given to: (A) Discovery of spills oc­ piping from wellheads to oil separators, oil offshore pipeline systems including pumps curring during hours of darkness, both separators, and storage facilities used in the and appurtenances related thereto as well by operating personnel, if present, and production of oil when such mobile facilities as in-line or breakout storage tanks needed by non-operating personnel (the gen­ are fixed in position for the purpose of oil for the continuous operation of a pipeline eral public, local police, etc.) and (B) production operations, but excluding any system, and pipelines from onshore and off­ prevention of spills occurring through terminal facility, unit or process integrally shore oil production facilities, but excluding associated with the handling or transferring onshore and offshore piping from wellheads acts of vandalism. of oil in bulk to or from a vessel. to oil separators and pipelines which are (10) Personnel, training and spill (E) Oil refining facilities including all used for the transport of oil exclusively within the confines of a nontransportation- prevention procedures, (i) Owners or op­ equipment and appurtenances related erators are responsible for properly in­ thereto as well as in-plant processing units, related facility - or terminal facility and structing their personnel in the operation storage units, piping, drainage systems and which are not intended to transport oil in and maintenance of equipment to pre­ waste treatment units used in the refining interstate or intrastate commerce or to of oil, but excluding any terminal facility, transfer oil in bulk to or from a vessel. vent the discharges of oil and applicable (D ) Highway vehicles and railroad cars pollution control laws, rules and regula­ unit or process integrally associated with the handling or transferring of oil in bulk to or which are used for the transport of oil in tions. from a vessel. interstate or intrastate commerce and the (11) Each applicable facility should equipment and appurtenances related (F ) Oil storage facilities including all thereto, and equipment used for the fueling have a designated person who is account­ equipment and appurtenances related of locomotive units, as well as the rights- able for oil spill prevention and who re­ thereto as well as fixed bulk plant storage, of-way on which they operate. Excluded are terminal oil storage facilities, consumer stor­ ports to line management. highway vehicles and railroad cars and mo­ age, pumps and drainage systems used in the (iii) Owners or operators should tive power used exclusively within the con­ storage of oil, but excluding inline or break­ fines of a nontransportation-related facility schedule and conduct spill prevention out storage tanks needed for the continuous or terminal facility and which are not in­ briefings for their operating personnel operation of a pipeline system and any tended for use in interstate or intrastate at intervals frequent enough to assure terminal facility, unit or process integrally commerce. adequate understanding of the SPOC associated with the handling or transferring Plan for that facility. Such briefings of oil in bulk to or from a vessel. [FR Doc.73-25448 Filed 12-10-73;8:45 am]

FEDERAL REGI5TER, VOL. 38, NO. 237— TUESDAY, DECEMBER 11, 1973

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