MONDAY, FEBRUARY 10, 1975

WASHINGTON, D.C.

Volume 40 ■ Number 28

Pages 6197-6312

PART i

HIGHLIGHTS OF THIS ISSUE This fisting does not affect the legal status of any document published in this issue. Detailed table of contents appears inside.

PETROLEUM— FEA amends allocation rules for "old oil” and small refiners...... 6197

NONDISCRIMINATION— Defense Civil Prepardness Agency rules on Federally assisted programs...... 6204

C02 FIXED FIRE EXTINGUISHING SYSTEMS— DOT/CG requires additional operating instructions; effective NATIONAL BANKS— Treasury/Comptroller reporting re­ quirements for directors and principal officers; effective H 3-1-75 ...... -...... — 6200 'sjVO I MERCHANT SHIPS— Commerce/MA revises construction CTs W specifications ...... 6214 H-* IS) (Continued inside)

PART II: OIL AND HAZARDOUS SUBSTANCES— CEQ issues national pollution contingency plan______6281 PART III: PUBLIC AND PRIVATE NONPROFIT ORGANIZA­ TIONS— GSA proposes uniform administrative standards for agreements; comments by 3-12-75 ______6303

l rem inders

(The Items in this list Were editorially compiled as an aid to F ederal R egister users. Inclusion or exclusion from this list has no legal significance. Since this list is intended as a reminder, it does not Include effective dates that occur within 14 days of publication.)

Rules Going Into Effect Today EPA— Asbestos manufacturing point source category; effluent guidelines and stand* ards...... XL.... : 1874; 1-9-75 List of Public Laws This is a listing of public bills enacted by Congress and approved by the President, together with the law number, the date of approval, and the U.S. Statute citation. Subsequent lists appear each day in the FEDERAL REGISTER, and copies of the laws may be obtained from the U.S. Government Printing Office. NOTE: No acts approved by the Presi­ dent were received by the Office of the Federal Register for inclusion in today's LIST OF PUBLIC LAWS.

ATTENTION: Questions, corrections, or requests for information regarding the contents of this issue only may be made by dialing 202-523-5266. For information on obtaining extra copies, please call 202-523-5240. To obtain advance information from recorded highlights of selected documents to appear in the next issue, dial 202-523-5022.

o Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on official Federal 5 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., t o to Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution oc is m ade only by th e S uperintendent of Docum ents, UJS. G overnm ent P rin tin g Office, W ashington, D.C. 20402. G > JZ Be The F ederal Register provides a uniform system for making available to the public regulations and legal notices issued s by Fédéral agencies. 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 docum ents of public Interest. ~ G T he F ederal R egister will be furnished by mail to subscribers, free of postage, for $5.00 per month or $45 per year, payable % © 9 in advance. The charge for individual copies is 75 cents for each issue, or 75 cents for each group of pages as actually bound. ? R em it check or m oney order, m ade payable to th e S uperintendent of Docum ents, U S . G overnm ent Prin tin g Office, W ashington, "Q o D.C. 20402. IB • < There are no restrictions on the republication of material appearing in the F ederal Register.

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 HIGHLIGHTS— Continued

RADIO AND CABLE TELEVISION— FCC rules on broadcast­ Navy: Chief of Naval Operations Executive Panel Ad­ ing of lottery information; effective 1-30-75...... 6209 visory Committee, 3—4 and 3—5—75...... 6213 EPA: Lake Michigan Coding Waters Studies Panel...... 6228 MEETINGS— i National Science Foundation: Division of Pre-College Commerce/NOAA: New York Bight Mesa Advisory Com­ Education in Science, Project Directors, 2—13 through mittee, 3—11—75—.——:...... — .....— ...... 6217 2-15 and 2-20 through 2-22-75...... _...... 6240 DOD: Wage Committee, 3-4, 3—11, 3—18, and 3—25—75.. 6213 Federal Prevailing Rate Advisory Committee, 2—12—75.. 6238 National Foundation on the Arts and the Humanities: Defense Science Board Task Force on ‘‘Specifications Music Advisory Panel, 2—26 through 3—1—75...... ' 6240 and Standards Improvement”, 2—21 and 2-22-75.. 6213 FEA: Electric Utilities Advisory Committee, 2-27-75.... 6231 DDR & E High Energy Laser Review Group, Laser Wholesale Petroleum Advisory Committee, 2—24—75.. 6231 Hardened Materials and Structures Subpanel, 3-4 NASA: Lunar Advisory Committee, 2-24 through and 3—5—75------— — — 6213 2-26-75 ...... ------6239

contents

AGRICULTURAL MARKETING SERVICE COMMODITY CREDIT CORPORATION Proposed Rules Fees in connection with informa­ Rules Notices tion requests; establishment— 6212 Limitation of handling and ship­ Commodity sales list for FY end­ ments: ing June 30, 1975------.— 6214 ENVIRONMENTAL PROTECTION AGENCY Oranges (navel) grown in Ariz. and Calif------l------— 6197 COMPTROLLER OF THE CURRENCY Notices Rules Meetings: AGRICULTURAL STABILIZATION AND Reporting requirements; ' clarifi­ Lake Michigan Coding Waters CONSERVATION SERVICE cation; business interests of di­ Study Panel______6228 Proposed Rules rectors and principal officers of Pesticide chemicals; tolerances, Peanuts, 1975-1976; supply deter­ national banks------6200 etc.; petitions: minations — ------6211 BASF Wyandotte Corp______6227 CONSUMER PRODUCT SAFETY Pesticides; registration applica­ AGRICULTURE DEPARTMENT COMMISSION tions ______6227 See Agricultural Marketing Serv­ Rules Pesticides; specific exemptions and ice; Agricultural Stabilization Hazardous substances and arti­ and experimental use permits: and Conservation Service; Ani­ cles; administration and en­ Louisiana; DDT for Tobacco mal and Plant Health Inspection forcement regulations— — — 6210 budworm control <2 docu­ Service; Commodity Credit Cor­ ments) ______6228, 6229 COUNCIL ON ENVIRONMENTAL QUALITY poration; Farmers Home Ad­ FARMERS HOME ADMINISTRATION ministration; Rural Electrifica­ Rules tion Administration. Oil and hazardous substances Rules AMERICAN REVOLUTION BICENTENNIAL pollution, national contingency Income guidelines; individual and ADMINISTRATION p l a n ______6281 cooperative economic oppor­ Notices tunity (EO) loans; deletion___ 6197 Rules Environmental impact state­ Operating loans for tobacco and Employee responsibilities and con­ ments; actions requiring prepa­ peanut acreage allotments; de­ duct ______-______6205 ration ------—------6223 letion ______6197 ANIMAL AND PLANT HEALTH DEFENSE CIVIL PREPAREDNESS AGENCY FEDERAL AVIATION ADMINISTRATION INSPECTION SERVICE Rules Rules Notices Nondiscrimination; definitions-— 6204 Airworthiness directives: Environmental impact statement; Pratt & Whitney------6202 availability; imported fire ant— 6214 DEFENSE DEPARTMENT Sikorsky ______6202 See also Defense Civil Prepared­ Restricted areas and VOR Fed­ CIVIL AERONAUTICS BOARD ness Agency; Navy Department. eral airways—______6203 Notices Notices Transition areas (2 documents— 6202, Hearings y etc.: Meetings: . 6203 Capitol International Airways, Defense Science Board Task Inc ______i__ — 6218 Force on ‘‘Specifications and FEDERAL COMMUNICATIONS North Central Airlines, Inc__ 6219 Standards Improvement”----- 6213 COMMISSION Pan American World Airways, DDR&E High Energy Laser Re­ Rules Inc. and Trans World Airlines, view Group, Laser Hardened Frequency availability to non­ Inc ______6222 Materials and Structures government ship stations____ 6209 Subpanel______\____ _— _ 6213 Radio broadcast services and cable COAST GUARD Wage Committee______6213 television service; lotteries___ 6209 Rules Notices Fire extinguishing systems; con­ EDUCATION OFFICE trols for CO» fixed; additional Notices Hearings, etc.: instructions 6208 Applications closing dates: West Texas Microwave Co----- 6229 Security zone: Special community service and FEDERAL ENERGY ADMINISTRATION Pennsylvania ______1. 6205 continuing education pro­ jects ______------______6217 Rules COMMERCE DEPARTMENT 1 Mandatory petroleum allocation See Maritime Administration; EMERGENCY LOAN GUARANTEE BOARD regulations; amendment——__ 6197 National Oceanic and Atmos­ Rules Mandatory petroleum price regu­ pheric Administration. Information availability—___ — 6201 lations; redesignation_.______6200

FEDERAL REGISTER, VOL. 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 iii CONTENTS

FEDERAL ENERGY ADMINISTRATION INTERNATIONAL TRADE COMMISSION NATIONAL SCIENCE FOUNDATION Notices Notices Notices Meetings: International commodity code. Meetings: Electric Utilities Advisory Com­ formulation ______6239 Pre-college Education in Sci­ mittee ______. 6231 Hearings, etc.: ence Division. ______6240 Wholesale Petroleum Advisory Sandler-Ette Footwear Manu­ Committee ______:______6231 facturing Corp______6239 NAVY DEPARTMENT Notices FEDERAL POWER COMMISSION INTERSTATE COMMERCE COMMISSION Meetings: Rules Notices Chief of Naval Operations Ex­ Natural gas: Fourth section applications for ecutive Panel Advisory Com­ Just and reasonable national mittee ______6213 rates for sales of and new relief ______6249 dedications to interstate com- Hearing assignments______6249 NUCLEAR REGULATORY COMMISSION Motor carriers: Notices merce; correction------6204 Irregular route property car­ Notices riers; gateway elimination__ 6250 Applications, etc. : Hearings, etc.: Temporary authority applica­ Commonwealth Edison Co. and Alabama-Tennessee Natural tions . . . ______6261 Iowa-Ulinois Gas & Electric Gas Co______6232 Co______6240 Algonquin Gas Transmission JUSTICE DEPARTMENT Consumers Power Co______6241 C o ______6232 See Immigration and Naturaliza­ Public Service Co. of Okla­ Carolina Power & Light Co___ 6232 tion Service. homa ______6242 Champlin Petroleum Co., et-al_ 6232 POSTAL SERVICE LAND MANAGEMENT BUREAU El Paso Natural Gas Co______6233 Rules Indiana & Michigan Electric Rules Postal Service Manual: C o ______6233 Public land orders: Miscellaneous amendments___ 6206 Kentucky Utilities Co.______6233 Arizona (3 documents)___ 6207, 6208 Nonmailable matter. ______6206 Missouri Edison Co.______6233 California ______6208 National Fuel Gas Supply Corp. 6234 Id a h o ______6208 RECLAMATION BUREAU New England Power Co______6234 Notices Northern States Power Co. (2 Notices Environmental statement: documents)______6235 Survey plat filings ; Florida______6213 WESCO Coal Gasification Proj­ Panhandle Eastern Pipe Line MANAGEMENT AND BUDGET OFFICE ect, et al; supplement..____ 6214 C o ______6235 RURAL ELECTRIFICATION Notices Southern California Edison Co. 6236 ADMINISTRATION Southern Natural Gas Co. and Clearance of reports; list of re­ Mississippi River Transmis­ quests ____:_____... ______6243 Notices sion Corp______6236 Loan guarantee proposed: Southern Union Production Co., MARITIME ADMINISTRATION Sierra Telephone Co., Inc___ _ 6214 et al______...____ 6237 Notices SECURITIES AND EXCHANGE Virginia Electric & Power Co__ 6238 Applications, etc. : COMMISSION FEDERAL PREVAILING RATE ADVISORY Southern Ohio Bank______6214 Notices COMMITTEE ~ Tanker construction program ; re­ Registration of foreign investment Notices visions of standard specifica­ companies under Investment Meeting ______6238 tions "for merchant ship con­ Company Act of 1940, deadline struction ______6214 for public comments______6248 GENERAL SERVICES ADMINISTRATION Hearingetc.: Proposed Rules NATIONAL AERONAUTICS AND SPACE American Agronomics Corp___ 6243 Uniform administrative standards ADMINISTRATION BBI, Inc______6243 for agreements with public and Notices Chicago Board Options Ex­ private institutions of higher Meetings: change, Inc. (4 documents)_ 6244 education, hospitals, and other Lunar Advisory Committee— . 6239 Fidelity Mortgage Investors..— 6244 public and private nonprofit or- Mincomp Corp_____ 6245 ganizations_____ . ______6303 NATIONAL FOUNDATION ON THE ARTS Mobil Alaska Pipeline Co____ _ 6245 AND THE HUMANITIES Municipal Income Fund mid HAZARDOUS MATERIALS REGULATIONS Merrill Lynch, Pierce, Fenner BOARD Notices Meetings: & Smith Inc______- 6246 Notices Music Advisory Panel—______6240 Nicoa Corp______1____ 6248 Special permits issued______6218 Royal Properties Inc______6248 Winner Industries, Inc______6248 HEALTH, EDUCATION, AND WELFARE NATIONAL HIGHWAY TRAFFIC SAFETY DEPARTMENT ADMINISTRATION SELECTIVE SERVICE SYSTEM See Education Office. Notices Notices IMMIGRATION AND NATURALIZATION Seat belt warning system require- Clemency program, temporary SERVICE ments, reconsideration._ ... 6218 instruction on extension___ __ 6249 Proposed Rules SMALL BUSINESS ADMINISTRATION NATIONAL LABOR RELATIONS BOARD Nonimmigrant (H-l) visa peti­ Notices tions for physicians and nurses; Rules Guaranteed loans; establishment evidence ______6211 Miscellaneous amendments-____ 6204 of maximum interest rates___ 6249 INTERIM COMPLIANCE PANEL (COAL NATIONAL OCEANIC AND ATMOSPHERIC TRANSPORTATION DEPARTMENT MINE HEALTH AND SAFETY) ADMINISTRATION See Coast Guard; Federal Aviation Notices Administration; Hazardous Ma­ Applications, etc.: Notices terials Regulations Board; Na­ Pine Coal Corp------_------6238 Meetings: tional Highway Traffic Safety New York Bight Mesa Advisory Administration. INTERIOR DEPARTMENT Committee ______6217 See Land Management Bureau; NOAA Facility at Sand Point; TREASURY DEPARTMENT Reclamation Bureau. hearing______6216 See Comptroller of Currency. iv FEDERAL REGISTER, VOL. 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 list of cfr ports 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, follows beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1974, and specifies how they are affected.

7 CFR 16 CFR 154___ 6207 1500__ _ 6210 156— 6207 907______6197 159___ 6207 1890j———------6197 18 CFR 161___ ; 6207 6197 1890k______2_____ 6204 163_L—. 6207 P roposed R o l e s : 154___ 6204 165___ 6207 729— — — 6211 171— 6207 29 CFR 8 CFR 102_— _. 6204 40 CFR 1510— , 6282 P roposed R o l e s : 32 CFR 214______6211 1811— 6204 43 CFR P oblic Land O rders: 10 CFR 33 CFR 5465—— —------— 6208 211___ 6197 127__ .____ 6205 5472 ______6208 212___ 6200 5473 ______—:____ — ----- 6207 34 CFR 5476 ______6208 12 CFR P roposed R o l e s : 5477 ______6207 6200 258______- 6304 23------4k 46 CFR 36 CFR 34—------— 6208 13 CFR 76______6209 402— , 6201 602——______6205 95______6209 P roposed R o l e s : 3 9 CFR 181______6209 193------— 6209 402— ------———.------6212 i n (2 documents) 6206 6206 47 CFR 14 CFR * 1 2 3 -— — — — 6206 2 _____ ...... : ______6209 39 (2 documents)-— __.___ -__ 6202 124------6206 73______6209 71 (2 documents)__ ,______6202, 6203 134------—— 6207 76------—------6209 73______6203 144______6207 83______6209

FEDERAL REGISTER, VOL. 40, N O . 28— M O NDAY, FEBRUARY 10, 1975 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY

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 February.

3 CFR 7 CFR— Continued 12 CFR P roclamations : P roposed R u les— Continued 23______6200 3443 (Amended by Proc. 4346)___ 5127 1050______._____ 5373 201______4904 4313 (Amended by Proc. 4345)----- 4893 1060______5373 522______5532 4344 ______4891 1061— ____ 5373 811— ______r ______5532 4345______— _____ 4893 1062 ______5163, 5373 P roposed R u l e s : 4346 ______5127 1063 ______'______5373 225— — ______._____ 5794 4347 ______5129 1064 ______5373 4348______5131 1065 _ 5373 13 CFR 4349 ______5739 1068 ______5373 4350 ______— 5741 1069 __ 5373 104______5139 402______6201 E xecutive O rders: 1070 ____ 5373 July 22, 1915 (Amended by PLO 1071 _ 5373 P roposed R u les 6470)______5754 1073___ _'_ 5373 402______6212 May 26, 1931 (Amended by PLO 1075 ______5373 5470)______5754 1076 ___ 5373 14 CFR 5843 (Amended by PLO 5470)----- 5754 1078 ______5373 39______5347, 5348, 5754-5756, 6202 11491 (Amended by E.O. 11838)__ 5743 1079 ______5373 71___:______4905, 11616 (See E.O. 11491) _____ ^ 5743 1090— _____ 5373 5140, 5348, 5493, 5494, 5756, 6202, 11636 (See E.O. 11491)______5743 1094—______5373 6203 11803 (Amended by EO 11837)— 4895 1096—1______5373 73______— 6203 11JM7 AQQK 1097______5373 97______^ ______5494 11838 (See RO;’11491)” — — ____ 5743 1098 ______5373 103______5140 1099 ______.#5373 288______5141, 5756, 5758 4 CFR 1101____ 5373 399______4906 1102— ______5373 303______5135 11041______5373 P roposed R u l e s : * 1136 ______5373 45______5542 5 CFR 1108______5373 71— 4937, 5167, 5373, 5542, 5543, 5793 213— ______5493, 5747 1120 ____:______5373 103—______5168 870______5747 1121 ______5373, 5784 207 ------5371 1001______5347 1124 ____ 5373 208 ---- — ______5371 1125 ______5373 212------5371 7 CFR 1126 ______5373, 5784 214______5371 2___ _ 5135 1127 ______5373, 5784 102______5347 1128 ____ 5373, 5784 15 CFR 271______-______5747-5751 1129 ______5373, 5784376—______4907 354______4897 1130 ____ —______5373, 5784 804______5003 724______5135 1131 ______5373 924—_____—— ______5349 907______4903, 5531, 6197 1132— __ 5373 910______1______-______5752 1133 ______— 537316 CFR 1822______— 5531 1134 ______5373 1136— ______5373 304______5495 1890b______5753 1500______6210 1890d______5753 1137 __ 5373 1890e______5753 1138 ______5373 17 CFR 1890j__ 6197 1139 ______5373 1890k______6197 1844__ 4919 P roposed R u l e s : 18901__ 5753 1867—____ 5538 200___ — 4944 1890n______5532 1871_____ — ______5539 240__ _'______5169 250______5372 P roposed R u l e s : 8 CFR 257______5372 729______6211 100—______'______4904 982______5163 235______5347 18 CFR 1001 ____ 5373 299___ 5347 2______\______6204 , 1002 _ 5373 P roposed R u les 1004______53'3 32—______5142 1006______5373 214____ 6211 154______:______6204 1007— ______5373 1011 _____ 5373 9 CFR 19 CFR 1012 ______5373 94______4904 10______-______— 5146 1013—______5373 P roposed R u l e s : 171______5146 1015______5373 50 _____ 5784 172—______5146 1030______5373 51 ______5787 1032— ______5163, 5373 20 CFR 10 CFR 404 _l ______5497 1033______5373 211______-_____ 5139, 6197 1036______5373 405 ______— ______5760 212—.______6200 618 ______5498 1040______5373 P roposed R u l e s : 619 ____ 5502 1044______5373 303______5452 1046-______5373 305______-______5452 P roposed R u l e s : 1049______5373 307______5452 404______5163,5540,5789

Ti FEDERAL REGISTER, V O L 40, NO. 28— M O ND AY, FEBRUARY 10, 1975 FEDERAL REGISTER

21 CFR 37 CFR 43 CFR— Continued 27______5762, 5772 1...... 5158 5471 _____ 5754 121______-______5350 5472 ______6208 135______5147 39 CFR 5473 ______6207 310______5351 n i — ______r. 6206 5476 _____ 6208 442______—__ —______5355 112______6206 5477 _____ 6207 123 ______6206 1240______5620 P roposed R u l e s : 1250____ 5620 124 ______6206 134______6207 2— ______5783 24 CFR 144______6207 201______5356 154______6207 45 CFR 232______„ 4908, 5775 156____ — _____ 6207 P roposed R u l e s : 570______5356, 5952 159______6207 205— ______5541 1914 ______4908, 4909, 5148 161______6207 1915 ______5149, 5151 163______6207 46 CFR 2205______5507 165______6207 34______6208 171______6207 76______6209 26 CFR 95______6209 40 CFR 6209 P roposed R u l e s : 35______5363 181______' 1_^______5537 193______— 6209 52______: 5508, 5523 531—______5528 28 CFR 85______5524 240 ______5159 47 CFR 2______5357 241 _____ii*. ___ 5159 15______4910 415______5523 1______5365 1510______:i ___ 6282 2______6209 29 CFR ______5366 P roposed R u l e s : 5______102 — — ------6204 13______5366 529______5775 85— ______5169 ______4914 4910 2i_____;______1952______41 CFR 73______4915, 4916, 6209 2300______5779 ______6209 5507 Ch. 3______4913 76___ — ______2601— ______5A-1______:______5781 81______5366 P roposed H u l l s : 9-7______5781 83— ______5366, 6209 1910______4930, 4932, 5792 9-16______5781 87______5366 Ch. 9_____—______5364 89______*159, 5367 31 CFR 14-3______5782 91______—. ____ 5159, *367 P roposed R u l e s : Ch. 109______5364 93______5159, 5367 51— ______5370 114-30______5525 95-______— 5367 114-38______5526 97______5367 32 CFR 114-39_____ 5525, 5526 P roposed R u l e s : 286___ 4911 114-40______1__ 5526 296— 4911 114-42______5526 73— _____ 4939-4942, 5794 881___ 5362 114-45______5526 76______.— 5371 1811— 6204 114-46______5527 81______4942 114-47______5527 33 CFR 114-52______5527 49 CFR 117______5147 114-60______5527 1______5159 127—______5147, 5508, 6205 42 CFR 225______5368 P roposed R u l e s : 571-______- ___ 110______— 5164 72______5620 570______5159 117______5541 43 CFR 582______4918 128______5165 4______5527 1033______4918, 5161, 5369 175______5167 P roposed R u l e s : 252______5485 P u b lic L and O rders: 1744 (Removed by PLO 5468) _ 5753 571-______4938, 5529 265______5484 ___ 4938 273______5489 5463 __—______5365 581______5464 ______5753 1100______4942 34 CFR 5465 ______— 6208 1102______5374 5466 ______5753 1104______5374 P roposed R u l e s 5467 ______5753 258______6304 5468 (Revoked PLO 1744 of 50 CFR October 6, 1958______5753 28—______4917, 5530 36 CFR 5470 (Amends E.O. of July 22, 33______5530, 5531 602______6205 1915; Revoked in part E.O. P roposed R u l e s : P roposed R u l e s : of May 26, 1931, and E.O. 603______4938 5843 of April 28,1932)_____ 5754 219______4930

FEDERAL REGISTER PAGES AND DATES— FEBRUARY

Pages Date 4891-5125-______Feb. 3 5127-5345______—______4 5347-5492______5 5493-5737______6 5739-6196______7 6197-6312______10

FEDERAL REGISTER, VOL. 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 vii NMBHNMMM 6197

rules end regulations

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

Title 7 — Agriculture engage in public rule-making procedure, [AL-928 (440); AL-934 (440)] CHAPTER IX— AGRICULTURAL MARKET­ and postpone the effective date of this PART 1890k— OPERATING LOANS FOR ING SERVICE (MARKETING AGREE­ amendment until 30 days after publica­ TOBACCO AND PEANUT ACREAGE AL­ tion thereof in the F ederal R egister (5 LOTMENTS MENTS AND ORDERS; FRUITS, VEGE­ U.S.C. 553) because the time intervening TABLES, NUTS), DEPARTMENT OF Deletion of Part AGRICULTURE between the date when informaion upon which this amendment is based became Part 1890k, "Operating Loans for To­ [Navel Orange Reg. 337, Amdt. 1] available and the time when this amend­ bacco and Peanuts Acreage Allotments,” PART 907— NAVEL ORANGES GROWN IN ment must become effective in order to (36 FR 1131), is deleted from Chapter ARIZONA AND DESIGNATED PART OF effectuate the declared policy of the act X V m , Title 7 of the Code of Federal CALIFORNIA is insufficient, and this amendment re­ Regulations. This Part has served its Limitation of Handling lieves restriction on the handling of purpose and no longer has any applica­ Navel oranges grown in* Arizona and bility. This regulation increases the quan­ designated part of California. tity of California-Arizona Navel oranges ((U.S.C. 1989); delegation of authority by that may be shipped to fresh market dur­ (b) Order, as amended. The provisionsthe Secretary of Agriculture, 7 CFR 2.23; in paragraph (b)(1) (1), and (ii) of delegation of authority by the Assistant Sec­ ing the weekly regulation period Jan. 31- retary for Rural Development, 7 CFR 2.70.) Feb. 6, 1975. The quantity that may be § 907.637 (Navel Orange Regulation 337 shipped is increased due to improved (40 FR 4415)) are hereby amended to Effective date: This deletion shall be­ market conditions for Navel oranges. The read as follows: come effective on February 10, 1975. “(i) District 1: 1,435,000 cartons; regulation and this amendment are is­ Dated: January 31,1975. sued pursuant to the Agricultural Mar­ “(ii) District 2: 215,000 cartons.” keting Agreement Act of 1937, as (Secs. 1-19, 48 Stat. 31, as amended; (7 UJS.C. F rank B. E ll io t t , amended, and Marketing Order No. 907. 601-674)) Administrator, Farmers Home Administration. § 907.637 Navel Orange Regulation 337. Dated: February 5,1975. [FR Doc.75-3630 Filed 2-7-75;8 :45 am ] (a) Findings. (1) Pursuant to the mar­ C harles R. B rader, keting agreement, as amended, and Order Acting Director, Fruit and Vege­ No. 907, as amended (7 CFR Part 907), table Division, Agricultural Title 10— Energy regulating the handling of Navel oranges Marketing Service. CHAPTER II— FEDERAL ENERGY ADMINISTRATION grown in Arizona and designated part of [FR Doc.75-3690 Filed 2-7-75;8 :45 am] California, effective under the applicable PART 211— MANDATORY PETROLEUM provisions of the Agricultural Marketing ALLOCATION REGULATIONS Agreement Act of 1937, as amended (7 CHAPTER XVIII— FARMERS HOME AD­ UJS.C. 601-674), and upon the basis of MINISTRATION, DEPARTMENT OF Emergency Amendment to Special Rule the recommendations and information AGRICULTURE No. 3 submitted by the Navel Orange Admin­ SUBCHAPTER G—MISCELLANEOUS On November 29, 1974, FEA issued the istrative Committee, established under REGULATIONS final rule for the allocation of old oil the said amended marketing agreement [AIi-10 (440) ] (39 FR 42246; December 4, 1974). Sub­ and order, and upon other available in­ sequent to the issuance of the rule, FEA formation, it is hereby found that the PART 1890j— INCOME GUIDELINES— concluded that, in light of the special limitation of handling of such Navel INDIVIDUAL AND COOPERATIVE ECO­ needs of many small refiners, an amend­ oranges, as hereinafter provided, will NOMIC OPPORTUNITY (EO) LOANS ment was necessary to assist those small tend to effectuate the declared policy of Deletion of Part refiners that would be required to pur­ the act. Part 1890j, "Income Guidelines—Indi­ chase entitlements under the program to (2) The need for an increase in the vidual and Cooperative Economic Op­ adjust on a graduated basis to their en­ quantity of oranges available for han­ portunity (EO) Loans,” (35 FR 14916), titlement purchase obligations. Accord­ dling during the .current week results is deleted from Chapter XVili, Title 7 ingly on December 16,1974, FEA adopted from changes that have taken place in of the Code of Federal Regulations. This Special Rule No. 3 for Subpart C of the marketing situation since the issu­ Part 211. ance of Naval Orange Regulation 337 (40 Part has served its purpose, and no FEA has determined that extension of FR 4415). The marketing picture now in­ longer has any applicability. the first phase of Special Rule No. 3 is dicates that there is a greater demand ((42 U.S.C. 2942); delegation of authority required, for the reasons set forth below. for Navel oranges than existed when the by the Secretary of Agriculture, 7 CFR 2.23; Accordingly, FEA is hereby adopting the delegation of authority by the Assistant Sec­ regulation was made effective. There­ retary for Rural Development, 7 CFR 2.70; amendment set forth herein effective im­ fore, in order to provide an opportunity Order of Director, OEO, 29 FR 14764, 33 FR mediately. for handlers to handle a sufficient vol­ 9850.) Special Rule No. 3 (the Special Rule) ume of Navel oranges to fill the current provided specified relief for all small re­ market demand thereby making a Effective date: This deletion shall be­ finers that would otherwise be required greater quantity of Naval oranges avail­ come effective on February 10, 1975. to purchase entitlements under the pro­ able to meet such increased demand, the Dated: January 31,1975. gram for the first 30,000 barrels per day regulation should be amended, as here­ of their daily average volume of crude inafter set forth. F rank B . E l l io t t, oil runs to stills. The Special Rule ap­ (3) It is hereby further found that it Administrator, plied to the months of November and is impracticable and contrary to the Farmers Home Administration. December 1974, and January 1975. Fori public interest to give preliminary notice, [FR Doc.75-3629 Filed 2-7-75;8:45 am] small refiners having run levels under]

FEDERAL REGISTER, V O L 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 6198 RULES AND REGULATIONS 30.000 barrels per day, no purchases of other information concerning the appli­ their crude runs until a decision on their entitlements were required for November cant. In light of the present situation application is issued. The effect will be 1974. For December 1974 and January facing many small refiners, FEA has con­ to preclude any significant impact of 1975, such small refiners were required cluded that the underlying considerations the program upon §mall refiners that to purchase one-third (Ms) and two- which led to the adoption of the Special might otherwise be required to purchase thirds (%), respectively, of the entitle­ Rule are still applicable and that more entitlements pending the decision on ments they would otherwise be required time is necessary to allow small refiners their exception applications. to purchase under § 211.67(b). For small to make the appropriate adjustments re­ Section 7(i) (1) (B) of the Federal refiners with run levels in excess of quired by the entitlement program. Ac­ Energy Administration Act of 1974 (Pub. 30.000 barrels per day, the Special Rule cordingly, FEA has decided that the first L. 93-275) (FEAA) provides for waiver was applicable only to that number of phase of the Special Rule should be ex­ of the requirements of that section as to entitlements which bears the same pro­ tended for one more month. Further, time of notice and opportunity to com­ portion to the total number of entitle­ since FEA believes that numerous small ment prior to promulgation of regula­ ments required to be purchased that refiners may still need exceptions relief tions where strict compliance with such 30.000 barrels per day bears to the aver­ from the full operation of the program, harm or injury to the public health, age daily volume of crude oil runs to the first phase exemption will also be ex­ harm or injury to the public helath, stills of that small refiner. tended automatically upon filing of an safety, or welfares The FEA has deter­ In adopting the Special Rule, FEA rec­ exception application on or prior to Feb­ mined for the reasons outlined above ognized that immediate imposition of the ruary 21, 1975 to prevent any possible that strict compliance with the require­ full entitlement purchase requirements financial or competitive injury to those ments of section 7(i) (1) (B) of the FEAA of the program might have a severe small refiners during the processing of would thus cause serious harm and in­ short-term economic impact on certain their applications. jury to the public safety and welfare. small refiners which have been running FEA wishes to emphasize that it con­ Accordingly, these requirements must be a higher percentage of old oil in their siders the exceptions process the ap­ waived and this amendment is made ef­ refineries than the national average. In propriate vehicle for final relief for small fective immediately, prior to opportunity particular, many small refiners have re­ refiners that are required to purchase to comment thereon. cently had lower run levels than the in­ entitlements and that may be severely The review provisions of section 7(c) dustry average; phasing in the entitle­ adversely affected by the program. In (2) of the FEAA are hereby waived for a ment purchase requirements of the pro­ this connection, FEA would like to re­ period of fourteen days, as provided for gram as to small refiners would afford iterate its earlier announcement that it in that section, upon a finding that there these refiners an interim period during has instituted an expedited exceptions is an emergency situation which requires which to bring their run levels back to process for the program and expects to immediate action. FEA is submitting the more normal levels. FEA also realized evaluate each application with consid­ text of this emergency amendment con­ that serious cash flow problems would be erable care to ensure that relief is currently with its issuance to the Admin­ posed for some small refiners that are granted where a refiner would suffer a istrator of the Environmental Protec­ required to purchase entitlements. The severe hardship or a gross inequity under tion Agnecy for his review. Special Rule was intended to assist small the program. Because this amendment is being is­ refiners in arranging any necessary fi­ The Special Rule as amended extends sued on an emergency basis, an op­ nancing and instructuring their market­ through December 1974 the purchase portunity for oral presentation of views ing operations with regard to compliance requirement exemption for the first will not be possible prior to its promul­ with the program. In addition, FEA ex­ 30,000 barrels per day of each small re­ gation. A public hearing on the amend­ pected that, at the outset of the program, finer’s crude runs provided initially for ment, however, will be held beginning changes would take place in the product the month of November. In addition, at 9:30 a.m. on Tuesday, March 4. 1975, prices of various refiners, depending on entitlement purchase obligations for in Room 3000, Federal Building, 12th and the impact of the program on each of January and February 1975 are ex­ Pennsylvania Avenue NW„ Washington, them; delaying the impact of the pro­ empted to the same extent as were D.C., to receive comments from inter­ gram as to small refiners would permit purchase obligations for December and ested persons. Any person who has an these refiners to adjust their product January under the Special Rule as interest in the subject of the hearing, or prices so as to most effectively pass originally issued. who is a representative of a group or through their increased crude oil costs To confirm FEA’s policy to effect a class of persons which has an interest under the program. In adopting the Spe­ reduction in entitlement purchase obli­ in the subject of the hearing, may make cial Rule, FEA was aware that many gations pending decision on a small re­ a written request for an opportunity to small refiners will also have more diffi­ finer’s exception request, the amended make oral presentation. Such a reouest culty in passing through these increased Special Rule provides for extension of should be directed to Executive Com­ costs, due to their limited product slate. the first phase (November and Decem­ munications, FEA, and must be received One further significant consideration ber) of the Special Rule’s exemption for before 4:30 p.m., e.s.t., Monday, Febru­ was present in the adoption of the Special entitlement purchase obligations upon ary 24, 1975. Such a reouest may be hand Rule. To assure that small refiners were the following conditions: first, the small delivered to Room 3309, Federal Build­ not placed in possible jeopardy dining the refiner shall have filed an exception ap­ ing, 12th and Pennsylvania Avenue NW.r processing of their exception requests, plication (including the information Washington, D.C., between the hours of small refiners were given a reduction in called for by Schedule A to the Special 8 a m. and 4:30 p.m., Monday through their entitlement purchase requirements Rule) on or prior to February 21, 1975; Friday. The person making the request for a period that FEA felt was adequate second, the extension terminates upon should be prepared to describe the in­ to permit filing and evaluation of appli­ issuance of the decision on the applica­ terest concerned; if appropriate, to state cations for exception prior to the point tion; third, the extension may be termi­ why he or she is a proper representa­ in time at which any significant purchase nated by FEA if it determines that a tive of a group or class of persons which obligations would attach. In this connec­ small refiner has significantly delayed has such an interest; and to give a con­ tion, the FEA also announced that it was cise summary of the proposed oral implementing an expedited exceptions the decision on its exception application presentation and a phone number where procedure. by not submitting additional financial he or she may be contacted through Fri­ However, as of the current date, FEA or other information requested by FEA day, February 28, 1975. Each person has received relatively few exception re­ within a reasonable time which FEA selected to be heard will be so notified by quests from small refiners, due perhaps deems necessary for decision of the case. the FEA before 5:30 p.m., Wednesday, February 26, 1975, and must submit 100 to the complexities inherent in the Under this procedure, small refiners that copies of his or her statement to Execu­ startup phase of the program and the file exception applications on or prior tive Communications, FEA, Room 3315, difficulties in drafting the necessary ap­ to February 21, 1975 will be exempted Federal Building, Washington, D.C. plications, which have heretofore re­ from entitlement purchase requirements 20461, before 9 am., e.s.t., Monday, quired a broad range of financial and as to the first 30,000 barrels per day of March 3,1975.

FEDERAL REGISTER, V O L 40, NO . 28— M O ND AY, FEBRUARY 10, 1975 RULÉS AND REGULATIONS 6199 confidential" status of the information forth in Schedule A to this special rule. The PEA reserves the right to select (b) The provisions of this paragraph 3 the persons to be heard at the hearing, or data and to treat it according to its shall cease to be applicable to that small to schedule their respective presenta­ determination. refiner as to entitlements issued subsequent tions, and to establish the procedures (Emergency Petroleum Allocation Act of to the date of the issuance of the initial de­ governing the conduct of the hearing. 1973, Pub. L. 93-159; Federal Energy Ad­ cision upon that small refiner’s application Each presentation may be limited, based m in istratio n Act of 1974, Pub. L. 93—275; E.O. for exception. on the number of persons requesting to 11790, 39 FR 23185.) (c) FEA may in its discretion order that the provisions of this paragraph 3 shall cease be heard. In consideration of the foregoing, Part to be applicable to any small refiner that has An PEA official will be designated to 211 of Chapter n , Title 10 of the Code filed an application for exception in compli­ preside at the hearing. It will'not be a of Federal Regulations, is amended as ance with subparagraph (a) of this para­ judicial or evidentiary type hearing. set forth belowr effective immediately. graph 3, if FEA determines that the small Questions may be asked only by those refiner has delayed to any significant extent conducting the hearing, and there will Issued in Washington, D.C., February the issuance of a decision on its application be no cross-examination of persons pre­ 5,1975. by failure to furnish to FEA within a rea­ sonable time financial or other information senting statements. Any decision made R obert K M ontgom ery, Jr„ by the FEA with respect to the subject requested and deemed necessary by the FEA General Counsel, in connection with the analysis of its ap­ matter of the hearing will be based on all Federal Energy Administration. information available to the PEA. At plication. The Appendix to Subpart C of Part 211 4. Adjustment to number of entitlements the conclusion of all initial oral state­ issuable to refiners and eligible firms. The ments, each person who has made an is amended by revising Special Rule No. total number of entitlements exempted from oral statement will be given the op­ 3 to read as follows: the purchase requirements of 5 211.67(b) portunity, if he or she so desires, to make Special Rule No. 3 pursuant to paragraphs 2 and 3 of this spe­ cial rulè shall be deducted, on a pro-rata a rebuttal statement. The rebuttal state­ 1. Scope. This Special Rule provides for a ments will be given in the order in which basis, from the number of entitlements reduction in the entitlement purchase re­ otherwise Issuable to and available for sale the initial statements were made and quirements of §2ll.67(b) for specified vol­ by each refiner and each eligible firm which will be subject to the time limitations. umes of old oil included in the adjusted has entitlements available for sale in the Any interested person may submit crude oil receipts of small refiners for the month concerned. questions, to be asked of any person months of November and December 1974, and 5. Provisions of Subpart C. The provisions making a statement at the hearing, to Jan u ary and February 1975. of Subpart C of Part 211 (including, without Executive Communications, PEA, be­ 2. Reduction in entitlement purchase re­ limitation, the reporting requirements of fore 4:30 p.m., Friday, February 28, quirements for small refiners, (a) Each small 5 211.66) shall remain in full force and effect refiner with a volume of crude oil runs to except as expressly modified by the provi­ 1975. Any person who makes an oral stills of less than 30,000 barrels per day in the sions of this special rule. statement and who wishes to ask a ques­ month concerned, that would otherwise be tion at the hearing may submit the ques­ required to purchase entitlements under S c h e d u l e A tion, in writing, to the presiding officer. § 211.67(b): (i) shall not be required to pur­ chase any entitlements for the months of INFORMATION REQUIRED TO BE SUBMITTED IN The FEA or the presiding officer, if the CONNECTION WITH EXCEPTION APPLICATIONS November and December 1974; (if) shall n o t question is submitted at the hearing, will be required to purchase in excess of one-third PRODUCTION AND REFINING OF CRUDE OIL determine whether the question is rele­ (% ) of the number of entitlements otherwise (1) Schedules of the following information vant, and whether time limitations per­ required to be purchased by that small refiner on a quarterly basis for the period January 1, mit it to be presented for answer. Under § 211.67(b) for the month of January 1973 th ro u g h December 31, 1974: Any further procedural rules needed 1975; and (iii) shall n o t be required to p u r­ (a) Total refinery capacity; for the proper conduct of the hearing chase in excess of two-thirds (%) of the (b) Crude oil runs (as that term is de­ will be announced by the presiding number of entitlements otherwise required fined in 10 CFR 211.62) ; to be purchased by that small refiner under (c) Volumes of crude oil receipts (as that officer. § 211.67(b) for th e m on th of February 1975. term is dened in 10 CFR 211.62), specifying A transcript of the hearing will be (b) Each small refiner with a volume ofthe volumes of crude oil received under the made and the entire record of the hear­ crude oil runs to stills in excess of 30,000 FEA Refiners’ Buy/Sell List and the volume ing, including the transcript, will be re­ barrels per day in the month concerned, that received from sources in which the applicant tained by the FEA and made available is required to purchase entitlements under has a beneficial or operating interest. In for inspection at the Administrator's § 211.67(b): (i) shall not be required to pur­ addition, for each month since September 1, Reception Area of the FEA, Room 3400, chase a number of entitlements for the 1974 provide an indication of the percentage Federal Building, 12th and Pennsylvania m onths of November and December 1974, of crude oil receipts represented by old oil. which is in the same portion to the total (d) Tl^e weighted average cost of the crude Avenue NW., Washington, D.C., between number of entitlements otherwise required oil received from all sources. the hours of 8 a.m. and 4:30 p.m., Moir- to "be . purchased by th a t sm all refiner under (e) The nature and duration of any crude day through Friday. Anyone may buy § 211.67(b) in the particular month that oil processing agreements. a copy of the transcript from the 30,000 barrels per day is to the daily average (f) The nature of any crude oil exchange reporter. volume of that small refiner’s crude oil runs agreements including any agreements under Interested persons are invited to sub­ to stills for that month; (ii) shall not be which crude oil is exchanged for refined mit-data, views, or arguments with re­ required to purchase in excess of one-third petroleum products; and spect to the emergency amendment to (y3) of that proportion (as calculated in (i) (g) A description of any sales of crude oil above) of the total number of entitlements specifying the volume sold, the name of Executive Communications, Federal otherwise required to be purchased under each purchaser and the weighted average Energy Administration, Box CD, Wash­ 5 211.67(b) for th e m onth of Jan u ary 1975; price per barrel. ington, D.C.20461. and (iii) shall not be required to purchase (2) A schedule for each q u arter of 1975 Comments should be identified on the in excess of two-thirds (%) of that propor­ showing the applicant’s projected, crude oil outside envelope and on documents sub­ tion (as calculated in (i)' above) of the to­ receipts, its anticipated sources of crude oil, mitted to Executive Communications, tal number of entitlements otherwise re­ the percentage of old oil which it anticipates quired to be purchased under 5 211.67(b) for receiving and the nature of any crude oil FEA, with the designation “Emergency th e m onth of February 1975. processing agreements the applicant expécts Amendment—Special Rule No. 3”. Fif­ 3. Filing of applications for exception. The to utilize. teen copies should be submitted. All com­ provisions of subparagraphs (a)( ) and (b) 1 PURCHASE AND SALE OF REFINED PRODUCTS ments received by February 28,1975, and (1) of paragraph 2 of this special rule shall all relevant information will be consid­ remain in effect as to the entitlement pur­ (3) A schedule showing the following data ered by the Federal Energy Administra­ chase obligations of a small refiner for on a quarterly basis for the period January tion. m onths subsequent to December 1974 upon 1973 through December 1974: the following conditions: (a) The types of refined petroleum prod­ Any information or data considered - (a^ The small refiner shall have filed an ucts sold; and by the person furnishing it to be con­ application for exception purusant to and in (b) For each product which constitutes fidential must be so identified and sub­ compliance with Subpart D of Part 205 on 10% of the total sales volume (1) th e mitted in writing, one copy only. The or prior to February 21, 1975. Any such ap ­ weighted average selling price per gallon and FEA reserves^ the right to determine the plication shall include the information set (2) th e volume sold.

FEDERAL REGISTER, VOL. 40, NO. 28— MONDAY/ FEBRUARY ID, 1975 6200 RULES AND REGULATIONS

COMPETITIVE POSITION FEA has therefore determined that a month of measurement and determined (4) A discussion of the reasons underlying corrective amendment to the regulations to be allocable to other than special the applicant’s inability to increase the prices to redesignate the section numbers of products under the refiner’s cost alloca­ of the products which it sells so as to reflect Subpart K is warranted, and FEA is tion formulae of § 212.83(c) (1), provided the crude oil cost increases which it expects hereby redesignating each section num­ to incur as a result of the Crude Oil Entitle­ that the amount of such increased prod­ ments Program. Such a discussion should in­ ber in Subpart K to comport with the uct costs allocable to propane prices is clude the following types of information: numbering sequence previously used in limited pursuant to the provisions of (a) A list of the applicant’s major com­ Part 212. References to the section num­ § 212.167(c) and § 212.83(c)(1) (iii). petitors; bers of Subpart K which appear in vari­ (iii) Calculation of increased non­ (b) A description of the historical rela­ ous sections of FEA’s mandatory pe­ product costs. Such refiners shall calcu­ tionships between the prices of the appli­ troleum price regulations are also being late increased non-product costs at­ cant’s refined products and those of the revised to reflect the redesignation of tributable to natural gas processing pur­ firms listed in (a); and the sections of Subpart K. No other re­ suant to § 212.165, and shall add the (c) A detailed description of the present visions of the regulations are contained amount of increased non-product costs competitive price posture of the applicant in this amendment. and the firms listed in (a) to the extent that so determined to the amount of increased such information is available to the appli­ Since this amendment is issued solely non-product costs incurred in each cant. to correct an error in section designa­ month of measurement and determined tions and is purely technical in nature, to be allocable to prices charged for FINANCIAL DATA ’i FEA finds that good cause exists to issue covered products pursuant to § 212.87(b), (5) Complete financial statements and this corrective amendment immediately, provided that the inclusion of such in­ Forms 10—K (if available) for the fisc&l years without notice,'opportunity for comment, creased non-product costs determined 1968 through the most recently completed or delay in the effective date of the pursuant to § 212.165 in prices charged fiscal year, and any available quarterly fi­ nancial statements for the current fiscal year. amendment. by such refiners shall constitute the (6) A schedule specifying the firm’s op­ (Emergency Petroleum Allocation Act of charging of an allowable price in excess erating cost per barrel of crude oil processed .1973, Pub. L. 93-159; Federal Energy Ad­ of base price which will make such re­ in both 1973 and 1974, an explanation of th e m in istratio n Act of 1974, Pub. L. 93-275; finers subject to the profit margin limi­ composition of these costs and the manner in E .0 .11790, 39 FR 23185). tation of § 212.82(d). which these figures are derived. ***** (7) A pro-forma profit and loss statement In consideration of the foregoing, Part for each fiscal q u arter cf 1975 prepared under 212 of Chapter II, Title 10 of the Code §§ 212.142—212.146 [Amended] the assumptions that: (i) the FEA Crude of Federal Regulations, is amended as 3. Section 212.142 is amended by re­ Oil Entitlements Program (10 CFr 211.67) set forth below, effective immediately. is in effect during that entire period; (ii) designating the section as § 212.162. the national old oil supply ratio is* 40 per­ Issued in Washington, D.C., Febru­ 4. Section 212.143 is amended by re­ cent; and (iii) the price of each entitlement ary 4, 1975. designating the section as § 212.163. is $5. These pro-forma statements should 5. Section 212.144 is amended by re­ R obert E. M ontgom ery, Jr., take into account the entitlement adjust­ designating the section as § 212.164. ment for small refiners set forth in 10 CFR General Counsel, 6. Section 212.145 is amended by re­ 211.67(e) if applicable, and any other ap­ Federal Energy Administration. designating the section as § 212.165. propriate adjustments as required under 1. Section r‘12.83 is amended in para­ 7. Section 212.146 is amended by re­ § 211.67 shoud be made. An explanation of any other assumptions employed in the graph (c) (1 .ii) (C) to read as follows: designating the section as § 212.166 and peparation of these statements should be § 212.83 Allocation of refiner’s increased by revising paragraph (a) to read as provided. costs. follows: (8) Copies of the following documents: * * * * * § 212.166 Increased product costs. (a) Contracts between the firm and the purchasers of its refined petroleum products . (c) Allocation of increased product (a) The first sale price of natural gas which in any way restrict the firm’s ability costs—(1) General rule. * * * liquids or natural gas liquid products to pass through the added costs of entitle­ (iii) * * * may be increased in each month as pro­ ments to such purchasers in the form of (C) May appo__a to propane the in­ vided in § 212.167 to reflect, on a dollar- higher prices; creased product costs attributable to for-dollar basis, increased product costs (b) Existing agreements between the firm propane produced from natural gas as since May, 1973 attributable to the pro­ and financial lending institutions; and determined pursuant to the provisions duction of such natural gas liquids or (c) Copies of all Forms FEO-96 which the of § 212.166 of Subpart K of this part; firm has filed to date. natural gas liquid products. and * * * * * [FR Doc.75-3644 Filed 2-7-75;8:45 am] * * * * * § 212.147—212.150. [Amended] § 212.141 [Amended] 8. Section 212.147 is amended by re­ PART 212— MANDATORY PETROLEUM 2. Section 212.141 is amended by re­ designating the section as § 212.167. PRICE REGULATIONS designating the section as § 212.161 and 9. Section 212.148 is amended by re­ Redesignation of Section Numbers of by revising paragraphs (b) (2) (ii), and designating the section as § 212.168. Subpart K (iii) to read as follows: 10. Section 212.149 is amended by re­ On December 19, 1974, the Federal § 212.161 Applicability and Relationship designating the section as § 212.169. 11. Section 212.150 is amended by re­ Energy Administration issued a new to other Subparts. * * • * * designating the section as § 212.170. Subpart K, containing regulations cov­ [FR Doc.75-3619 Filed 2-7-75;8:45 am] ering the pricing of natural gas liquids (b) * * * (2 ) * * * and products produced from natural gas (ii) Calculation of increased product Title 12— Banks and Banking liquids, Including propane, pursuant to costs. Such refiners shall calculate the CHAPTER I— COMPTROLLER OF THE authority granted by the Emergency Pe­ increased product costs of all natural CURRENCY, DEPARTMENT OF THE troleum Allocation Act of 1973, to become gas liquids (except natural gas liquids TREASURY effective on January 1, 1973. (39 FR which are separated from natural gas at the well head of an oil well, and pur­ PART 23— STATEMENTS OF BUSINESS 44407; December 24, 1974). Subsequent chased as crude oil) and the increased INTERESTS OF DIRECTORS AND PRIN­ to the issuance of these regulations, FEA product costs attributable to natural gas CIPAL OFFICERS OF NATIONAL BANKS became aware that the individual sec­ liquid products pursuant to §§212.166 Clarification of Reporting Requirements tions in the new Subpart K had been and 212.167 of this subpart, and shall The Comptroller of the Currency is numbered using a sequence which is out add the amount of increased product amending the regulation governing of phase with the numbering sequence costs so determined to the amount of statements of business interests of direc­ used for previously existing subparts. increased product costs incurred in each tors and principal officers of national

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 RULES AND REGULATIONS 6201 banks (12 CFR Part 23, 39 FR 41735, designated bank is registered with or ap­ ability of Information, effective immedi­ December 2, 1974). The amendment (a) proved by the Board Of Governors of the ately, in order to comply with recent eliminates collection of information re­ Federal Reserve System, pursuant to amendments to section 552 of Title 5, lating to deposits; and (b) makes clear sections 3 or 5 of tho Bank Holding United States Code, known as the Free­ that extensions of credit tb reporting Company Act, (12 U.L.C. 1842, or 1844), dom of Information Act, by prescribing individuals, as well as to their business or any of such holding company’s sub­ time limits for responses to requests, ex­ enterprises, must be reported. sidiaries the control of which has been tensions thereof, and defining the un­ Under this amendment a director or registered with or approved by the Board usual circumstances which permit such principal officer no longer will be re­ of Governors of the Federal Reserve Sys­ extensions. quired to réport deposits held by a tem pursuant to section 3, 4, or 5 of the 1. Effective immediately the Emergency national bank for a business enterprise Bank Holding Company Act, (12 U.S.C. Loan Guarantee Board-s Rules Regard­ in which he has an interest. Similarly, a 1842, 1843 or 1844). ing Availability of Information are reporting person will not file a Form ÇC- * * * * * amended in the following respects: 9039-29 for any personal or family trust § 402.2 is amended by adding the fol­ (e) The term “excluded transaction” lowing definition: nor for any charitable, social, fraternal, means: civic, governmental or recreational § 402.2 [Amended] organization if the only connection of * * * * * such trust or organization with the bank (2) An extension of credit or agree­ “Unusual Circumstances.” For pur­ is a depository relationship. ment which is of such insignificance both poses of this Part “unusual circum­ This amendment also deletes certain . to the designated bank and to the busi­ stances” means, but only to the extent references to a business enterprise in ness enterprise involved that the senior reasonably necessary to the proper proc­ §§ 23.2 and 23.3, thereby focusing those management of both should not be ex­ essing of the particular request— sections on the definitions of trans­ pected in the normal course of business (i) The need to search for and collect actions. These changes clarify the re­ to be aware of the transaction. the requested records from field facilities or other establishments that are separate quirement that a director or principal * - * * * * officer report on a separate Form CC- from the Board’s office processing the (h) The term “material change” request; 9030-29 extensions of credit by the bank means: made to him or for his benefit, as well (ii) The need to search for, collect, and as extensions of credit to, or for the * ■ * * * * appropriately examine a voluminous benefit of, his business enterprises. (2) The creation, or termination, oramount of separate and distinct records Transactions between a reporting indi­ significant change in the terms or condi­ which are demanded in a single request; vidual and the bank other than those tions of any extension of credit or agree­ or which involve extensions of credit need ment. (iii) The need for consultation, which not be reported. • * • * * pha-ii be conducted with all practicable Since this amendment merely clarifies 2. § 23.3 is revised to read as follows:speed, with another agency having a sub­ ambiguous provisions and relaxes cer­ stantial interest in the determination of tain reporting requirements, it is hereby § 23.3 Filing of statement. the request or among two or more com­ determined that further proposed rule- Every director *or principal officer of a ponents of the Board having substantial making and public participation: proce­ national bank is required to maintain on subject-matter interest therein. dures are not in the public interest. file with the bank as prescribed in this § 402.4(c) is deleted in its entirety and Accordingly, this amendment will become regulation one or more Forms CC-9030- the following is substituted: effective March 1, 1975, as part of the 29. The director or principal officer shall § 402.4 [Amended] original regulation. complete and file Forms CC-9030—29 with ***** Part 23 of 12 CFR is amended as the designated bank within 30 days after follows: becoming a director or principal officer, (c) Actions on requests. The Secretary 1. In § 23.2, paragraphs (b), (e) (2),or by March 1, 1975, whichever is later. of the Board shall within 10 days (ex­ and (h) (2) are revised to read as Thereafter, the reporting person shall cepting Saturdays, Sundays and legal follows: public holidays) determine whether to complete and file with the designated comply with such request for records and § 23.2 Definitions. hank a new Form CC-9030-29 within 30 days after the occurrence of any material shall immediately notify in writing the For purposes of this part: change. The reporting person shall in­ person making such request of such de­ * * * * * termination and the reasons therefor and clude on the Forms, in accordance with the right of such person to appeal that t (b) The term “business enterprise” applicable instructions, the required in­ determination, as provided in § 402.6. In means a corporation, association, busi­ formation concerning any business en­ unusual circumstances the time limit for ness trust, partnership, joint venture, terprise in which he, his spouse, or his the Secretary’s determination may be pool, syndicate, sole proprietorship or minor children have an interest and any extended by written notice to the person any other form of business not specifi­ extension of credit or agreement which is making such request setting forth the cally listed herein, whether or not such not an excluded transaction. If the re­ reasons for such extension and the date enterprise has engaged in transactions porting person has no interest in any on which the determination is expected with the designated bank. The term business enterprise, he shall complete to be dispatched. No such notice shall “business enterprise” also includes any and file a Form CC-9030-29 so stating. specify a date that will result in an ex­ personal or family trust and any chari­ Effective date: This amendment be­ tension of more than 10 days; provided table, social, fraternal, civic, govern­ comes effective on March 1, 1975. however, that the total days of extensión mental or recreational association, trust, u n d e r this section and § 402.6(b) shall club, agency or other organization if, and Dated: February 4, 1975. not exceed, in the aggregate, LO days. only if, such enterprise has engaged in [ seal] J ames E. S m it h , § 402.6(b) is deleted in its entirety and any transaction with . the designated Comptroller of the Currency. the following is substituted: bank, other than making a deposit or soliciting or receiving contributions, [FR DOC.75-3633 Filed 2-7-75; 8 :45 am ] § 402.6(b) [Amended] < during the last year. The term “business * * . * * * enterprise” excludes: (1) The designated Title 13— Business Credit and Assistance (b) The Executive Director of the bank; (2) a corporation, partnership, or CHAPTER IV— EMERGENCY LOAN Board shall make a determination with joint venture which is 50 percent or more GUARANTEE BOARD respect to any appeal within 20 days owned by the designated bank; joint PART 402— RULES REGARDING after the receipt of such appeal. In un­ venture which is 50 percent or more AVAILABILITY OF INFORMATION usual circumstances, action on such ap­ owned by the designated bank; and (3) The Emergency Loan Guarantee Board peal may be deferred by written notice to a holding company whose control of the has amended its Rules Regarding Avail­ the person making such appeal setting

FEDERAL REGISÎER, VOL. 40, NO . 28— M O NDAY, FEBRUARY 10, 1975 6202 RULES AND REGULATIONS forth the reasons for the extension and § 39.13 of Part 39 of the Federal Avia­ S ik o r sk y A ircraft. Applies to S-55, S- the date on which the determination is tion Regulations, Amendment 39-1835 55B, S-55C and S-62A Helicopters expected to be dispatched/ No such (39 FR 16388), AD 74-10-12, is amended certificated in all categories, includ­ notice shall specify a date that will re­ by changing the applicability paragraph ing military type HRS-1, HRS-3, sult in an extension for more than ten by: CH-19, H-19B, H-19C, H-19A, R- days; provided however, that the total A. Deleting the following serial num­ 19D, H04S§3G, UH-19D, H19D5, days of extension under this section and bers from Group I, JT8D-9 and -9A en­ UH-19B, UH-19D helicopters, equip­ § 402.4(c) shall not «exceed, in the ag­ gines affected: 665152, 665170, 665219, ped with P/N S10-10-3325-1 and gregate, 10 days. The granting or the de­ 665245, 665289, 665324, 665334, 665347, S10-10-3325-2 main rotor spindles. nial of a request upon appeal shall con­ 665371, 665372, 665390, 665404, 665413, (a) Within the next 10 hours’ time in stitute final Board action. If the appeal 665424, 665430, 665435, 665447, 665472, service after the effective date of this is denied in whole or in part, the Execu­ 665480, 665491, 665494, 665530, 665537, AD, unless already accomplished within tive Director shall notify in writing the 665550, 665558, 665559, 665561, 665629, the preceding 50 hours’ time in service, person making such request of the pro­ 665634, 665658, 665660, 665669, 665703, conduct a dye penetrant inspection of visions for judicial review of that de­ 665704, 674299, 674318, 674329, 674341, the exposed areas of the lugs of the main termination under section .552(a) (4) of 674373, 674375, 674381, 674390, 674409, rotor spindles. Title 5, United States Code. 674431, 674488. (b) If a crack is found during the 2. The provisions of section 553 of B. Adding the following serial num­ above inspection, replace the cracked Title 5, United States Code, relating to bers to Group I, JT8D-9 and -9A engines spindle with a spindle that has been notice and public participation and to affected: 665323, 665377, 674344. inspected in accordance with paragraph deferred effective dates, are not followed C. Deleting the following serial num­ (a) above and found to be free of cracks, in connection with the adoption of this bers from Group II, JT8D-7 and -7A en­ prior to flight. action because the rules involved are pro­ gines affected: 649494, 649528, 653660, (c) Report in writing any cracks found cedural in nature and accordingly do 653748, 654153, 654605, 654608, 654666, during the inspection of paragraph (a) not constitute substantive rules subject 654724, 654757, 654793, 654842, 654865, to: Chief, Engineering and Manufactur­ to the requirements of such section. 654895, 654915, 654976, 654987, 654997, ing Branch, Federal Aviation Adminis­ Dated: January 31, 1975. 65.5048, 655060, 655073. tration, New England Region, 12 New D. Adding the following serial num­ England Executive Park, Burlington, A lan N. Vin ic k , bers to Group n, JT8D-7 and -7A en­ Massachusetts 01803. Each report must Secretary, gines affected: 653683, 654898, 654925. include the length and location of the Emergency Loan Guarantee Board. This amendment becomes effective cracks and the total time in service of [PR Doc.75-3682 Piled 2-7-75;8:45 am] February 20,1975. the spindle. This amendment is made under the Sikorsky message SST62A6C74.3 cov­ Title 14—-Aeronautics and Space authority of Section 313(a), 601, and 603 ers this inspection. of the Federal Aviation Act of 1958 (49 This amendment becomes effective CHAPTER I— FEDERAL AVIATION ADMIN- U.S.C. 1354(a), 1421, and 1423) and of February 19,1975. ISTRATION, DEPARTMENT OF TRANS­ This amendment is made under the PORTATION Section 6(c) of the Department of Trans­ portation Act (49 U.S.C. 1655(c)). authority of Sections 313(a), 601, and [Docket No. 75 NE-6; Amdt. 39-2088] Issued in Burlington, Massachusetts, 603 of the Federal Aviation Act of 1958 PART 39— AIRWORTHINESS DIRECTIVE on January 31,1975. (49 U.S.C. 1354(a), 1421, and 1423) and Pratt & Whitney JT8D Aircraft Engines W ill ia m E . C rosby, Section 6(c) of the Department of Trans­ Amendment 39-1835 (39 FR 16388), Acting Director, New England Region. portation Act (49 U.S.C. 1655(c) ). AD 74-10-12, requires operators of cer­ [FR Doc.75-3684 Filed 2-7-75;8:45 am] Issued in Burlington, Massachusetts, tain JT8D engines, exposed to a possible on January 28,1975. intermix of different type material sec­ ond, third, and fourth stage turbine [Docket No. 75-NE-3; Amdt. 39-2082] W ill ia m B. Crosby, Acting Director, nozzle guide vanes, to determine if there PART 39— AIRWORTHINESS DIRECTIVES is sufficient axial clearance between the New England Region. turbine stators and ,their respective tur­ Sikorsky S—55 and S—62A Helicopters Cer­ [FR Doc.75—3685 Filed 2-7-75:8:45 am] tificated In All Categories, Including Mil­ bine rotors. If the ciearance is below the itary Types minimum limit, the engine must be re­ [Airspace Docket No. 74-SW-44] moved within the next 25 hours time in A crack has been found in a lug of a service and unapproved vanes removed. main rotor spindle of an aircraft that is PART 71— DESIGNATION OF FEDERAL * If the clearance is above the minimum, the military counterpart of the Sikorsky AIRWAYS, AREA LOW ROUTES, CON­ the engine shall be inspected prior to the S-62 helicopter. Since this condition is TROLLED AIRSPACE, AND REPORTING accumulation of 6000 hours time in serv­ likely to exist or develop in other hell-» POINTS ice after the effective date of the AD copters of the same design, an Airworthi­ Designation of Transition Area and any unapproved vanes removed. ness Directive is being issued to require It has come to our attention that cer­ inspections of the main rotor spindle lug The. purpose of this amendment to tain serial number engines that have areas and replacement, if necessary, of Part 71 of the Federal Aviation Regula­ been listed were not exposed to the vane the spindles. tions is to designate a 700-foot transi­ intermix, while others not listed were Since a situation exists that requires tion area at La Pryor, Tex. exposed. Therefore, the AD is being immediate adoption of this regulation, On December 20,1974, a notice of pro­ amended to delete and add engine serial it is found that notice and public proce­ posed rulemaking was published in the numbers. dure hereon are impracticable and good Since a situation exists that requires cause exists for making this amendment F ederal R egister (39 FR 44036) stating immediate adoption of this airworthiness effective in less than 30 days. the Federal Aviation Administration directive, it is found that notice and pub­ Tn consideration of the foregoing, and proposed to designate the La Pryor, Tex., lic procedure hereon are impracticable pursuant to the authority delegated to transition area. and good cause exists for making this me by the Administrator (3l FR 13697), Interested persons were afforded an amendment effective in less than 30 days. § 39.13 of Part 39 of the Federal Avia­ opportunity to participate in the rule- In consideration of the foregoing, and tion Regulations is amended by adding making through submission of com­ pursuant to the authority delegated to the following new Airworthiness Direc­ ments. All comments received were fav- be by the Administrator (31 FR 13697), tive: orable.

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 RULES AND REGULATIONS 6203

In consideration of the foregoing, Part [Airspace Docket No. 74r-SO-99] §73.53 [Amended] 71 of the Federal Aviation Regulations PART 71— DESIGNATION OF FEDERAL 3. In § 73.53 (40 FR 687) the following is amended, effective 0901 G.m.t., June AIRWAYS, AREA LOW ROUTES, CON­ temporary restricted areas are added: 19, 1975, as hereinafter set forth. TROLLED AIRSPACE, AND REPORTING a. R-5315 A Exercise Agate Punch. In § 71.181 (40 FR 441), the following POINTS Boundaries. Beginning at Lat. 34°17'45"N., transition area is added: PART 73— SPECIAL USE AIRSPACE Long. 77®37'50"W.; thence via the 13 nauti­ La Pryor, T ex. cal mile arc of Wilmington, N.C. Temporary Alteration of Federal Airway VORTAC (Lat. 34*21'05"N., Long. 77*52'29" That airspace extending upward from and Designation of Temporary Restricted W.); to Lat. 34*28W'N., Long. 77°89'00''W.; 700 feet above the surface within a 5-mile Areas to Lat. 34*50'30"N., Long. 77®13'00"W.; to radius of La Paloma Ranch Airport (lati­ Lat. 34*49'30"N., Long. 77®10'00"W.; thence tude 28°53'30'' N., longitude 99°51'09'' On November 20, 1974, a Notice of south along the westerly and southerly W.) and within 3.5 miles each side of the Proposed Rule Making (NPRM) was boundaries of R-5306C, E and D and W—122 353° bearing from the La Pryor, Tex., NDB published in the F ederal R egister (39 to point of beginning. (latitude 28*55'47" N„ longitude 99°51'16" FR 40784) stating that the Federal Avi­ Designated altitudes. 1,000 feet AGL to FL W.) extending from the 5-mile radius area ation Administration (FAA) was con­ 180. to 11.5 m iles northw est of th e La Pryor, sidering amendments to Parts 71 and 73 Tim e of designation. C ontinuous, 0800 Tex., NDB. of the Federal Aviation Regulations that G.m.t., April 15 to 2300 GMT, April 27, 1975. (Sec. 307(a), Federal Aviation Act of 1958 would designate temporary restricted Controlling agency. Federal Aviation Ad­ (49 U.S.C. 1348); Sec. 6(c), Department of areas in the vicinity of Onslow Beach, ministration, Washington ARTC Center. Transportation Act (49 U.S.C. 1655(c))) Using agency. COMSECONDFLT, Norfolk, Camp LeJeune, N.C., to contain a mili­ Va. Issued in Forth Worth, Tex., on Jan­ tary joint training exercise,... AGATE b. R-5315B Exercise Agate Punch. uary 31,1975. PUNCH, scheduled from 0800 G.m.t., Boundaries. Beginning at Lat. 34®56'00" April 14, 1975, to 2300 G.m.t., April 26, N., Long. 77®01'00” W.; to Lat. 34*43'15"N., A lbert H. T h u r b u r n , 1975. Two of the restricted areas would Long. 76°47'30"W.; to Lat. 34®42W'N., Acting Director, Southwest Region. contain airspace at or above 14,500 feet Long. 76°54'45''W.; to Lat. 34°51'00''N., Long. [FR Doc.75-3686 Filed 2-7-75;8:45 am] 77°05'80"W.; to Lat. 34®49'30"N., Long. 77°- MSL, and they would therefore be in­ 10'00"W.; to Lat. 34*52'30"N., Long. 77*04'- cluded in the continental control area 30' 'W.; to point of beginning. [Airspace Docket No. 74-SO-70] for the duration of their time of desig­ Designated altitudes. 1,000 feet AGL to nation. During the period of the exercise, 3,000 feet MSL. PART 71— DESIGNATION OF FEDERAL a portion of VOR Federal Airway, V-139, Time of designation. Continuous, 0800 AIRWAYS, AREA LOW ROUTES, CON­ would also be reduced in width to three G.m.t., April 15 to 2300 GMT, April 27, 1975. TROLLED AIRSPACE, AND REPORTING nautical miles on its east side. Controlling agency. Federal Aviation Ad­ POINTS On January 8, 1975, a Supplemental ministration, Washington ARTC Center. Using agency. COMSECONDFT, Norfolk, Alteration of Transition Area Notice of Proposed Rule Making was pub­ Va. lished in the F ederal R egister (40 FR On July 12,1974, a Notice of Proposed c. R-5315C Exercise Agate Punch. 1518) that would alter the original Boundaries. Beginning at Lat. 34°43'15" Rule Making was published in the F ed­ Notice by Changing the time of designa­ N., Long. 76°47'30" W.; to Lat. 34°38'15" N., eral R egister (39 FR 25668), stating that tion proposed for Restricted Areas Long. 76*41'30'? W.; to Lat. 34°37'30" N., the Federal Aviation Administration was R-5315 A, B, C and D and by proposing Long. 76°56'20" W .; thence north and east considering an amendment to Part 71 of that an additional Restricted Area, along the easterly and southerly boundaries the Federal Aviation Regulations that R-5315E, be designated for use during of R-5306C and B to point of beginning. would alter the Knoxville, Tenn., transi­ Designated altitudes. 1,000 feet AGL to FL AGATE PUNCH. 180. tion area. Interested persons were afforded an Time of designation. Continuous, 0800 Interested persons were afforded an opportunity to participate in the proposed GMT, April 15 to 2300 GMT, April 27,. 1975. opportunity to participate in the rule rule making through the submission of Controlling agency. Federal Aviation Ad­ making through the submission of com­ comments. Only one comment was re­ ministration, Washington ARTC Center. ceived and it was favorable. Using agency. COMSECONDFLT, Norfolk, ments. All comments received were fav­ Va. orable. In consideration of the foregoing, Parts d. R-5315D Exercise Agate Punch. In consideration of the foregoing, Part 71 and 73 of the Federal Aviation Regu­ Boundaries. A circular area with a 3-nauti- 71 of the Federal Aviation Regulations is lations are amended, effective 0901 cal mile radius centered on OLF Camp Davis G.m.t., March 27, 1975, as hereinafter (Lat. 34*31'00" N., Long. 77*32'30" W.) amended, effective 0901, April 24, 1975, set forth. D esignated altitudes. Surface to 1,000 feet as hereinafter set forth. AGL. § 71.123 [Amended] Tim e of designation. C ontinuous, 0800 In § 71.181 (40 FR 441), the Knoxville, GMT, April 15 to 2300 GMT, April 27, 1975. Tenn., transition area is amended as fol­ 1. § 71.123 (40 FR 307) is amended as follows: Controlling agency. Federal Aviation Ad­ lows: ministration, Washington ARTC Center. In V-139 « * * * From Wilmington, N.C., Using agency. COMSECONDFLT, Norfolk, “* * * excluding the portion within Mor­ New Bern, N.C.; * * * ” is deleted and Va. ristown, Tenn., transition area * * *” is de­ “* * * From Wilmington, N.C., 7 miles wide e. R-5315E Exercise Agate Punch. leted and “* * * within a 6.5-mile radius of from 13 miles NE of Wilmington to 44 mies Boundaries. A circular area with a 3- Monroe County Airport, Madisonville, Tenn. NE of Wilmington (4 miles W and 3 miles E) nautical mile radius centered at Lat. 34*33'- (latitude 35°42'45'' N., longitude 84°22'47" New Bern, N.C.; * * *” is substituted there­ 25" N., Long. 77*20'30" W., excluding that W.); excluding the portion within the Athens for for the duration of Exercise AGATE airspace within existing R-5306D. and Morristown, Tenn., transition areas * * *M PUNCH from 0800 Gjn.t., April 15, to 2300 Deslngated altitudes. Surface to 1,000 feet is substituted therefor. G.m.t., April 27, 1975. AGL. (Sec. 307(a) of the Federal Aviation Act of Time of designation. Continuous, 0800 1958 (49 U.S.C. 1348(a)) and of sec. 6(c) of § 71.151 [Amended] GMT, April 15 to 2300 GMT, April 27, 1975. '• the Department of Transportation Act (49 Controlling. agency. Federal Aviation Ad­ U.S.C. 1655(c))). , 2. In § 71.151 (40 FR 343) the follow­ ministration Washington ARTC Center. ing temporary restricted areas are in­ Using agency. COMSECONDFLT, Norfolk, Issued in East Point, Ga., on January cluded for the duration of their time of Va. 30, 1975. designation from 0800 G.m.t., April 15, to Sec. 307(a) of the Federal Aviation Act of D uane W. F reer, 2300 G.m.t., April 27, 1975. 1958 (49 U.S.C. 1348(a)) and sec. 6 (c) of th e Acting Director, Southern Region. a. R-5315A Exercise Agate Punch. D epartm ent of T ransportation Act (49 U.fl.C. [FR Doc.75-3687 Filed 2-7-75; 8 :45 am] b. R-5315C Exercise Agate Punch. 1655(c)).

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 6204 RULES AND REGULATIONS

Issued in Washington, D.C., on Feb­ § 102.16 Hearing; change df date or § 102.71 Dismissal of petition; refusal ruary 4, 1975. place. to proceed with petition; requests F. L. C unn in gh a m , Upon his own motion or upon proper for review by Board of action of Acting Chief, Airspace and cause shown by any other party, the re­ the regional director. Air Traffic Rules Division. gional director issuings the complaint (a) If, after a petition has been filed [FR Doc.75-3688 FUed 2-7-75;8:45 ami may extend the date of such hearing or and at any time prior to the close of may change the place at which it is to be hearing, it shall appear to the regional held. director that no further proceedings are Title 18— Conservation of Power and Water 2. Section 102.68 is revised to read as warranted, the regional director may dis­ Resources follows. miss the petition by adiftinistrative ac­ CHAPTER I— FEDERAL POWER § 102.68 Record; what constitutes; tion and shall so advise the petitioner in COMMISSION transmission to Board. writing, setting forth a simple statement [Docket No. R-389-B] of the procedural or other grounds for The record in the proceeding shall the dismissal, with copies to the other PART 2— GENERAL POLICY AND consist of: the petition, notice of hear­ parties to the proceeding. Any party may INTERPRETATION ing with affidavit of service thereof, mo­ obtain a review of such action by filing a PART 154— RATE SCHEDULES AND tions, rulings, orders, the stenographic request therefor with the Board in Wash­ TARIFFS report of the hearing and of any oral argument before the regional director, ington, D.C., in accordance with the pro­ Opinion and Order on Rehearing Affirming stipulations, exhibits, documentary evi­ visions of subsection (c) of this section. and Modifying in Part Opinion No. 699 dence, affidavits of service, depositions, A request for review from an action of and Granting and Denying in Part Pe­ and any briefs or other legal memoranda a regional director pursuant to this sub­ tition for Rehearing; Correction submitted by the parties to the regional section may be granted only upon one or D ecember 18,1974. more of the following grounds: director or to the Board, and the decision (1) That a substantial question of law Just and reasonable national rates of the regional director, if any. Immedi­ or policy is raised because of (i) the ab­ for sales of natural gas from wells com­ ately upon issuance by the regional di­ sence of, or (ii) a departure from, offi­ menced on or after January 1, 1973, and rector of an order transferring the case cially reported Board precedent. new dedications of natural gas to inter­ to the Board, or upon issuance of an or­ state commerce on or after January 1, der granting a request for review by the (2) There are compelling reasons for 1973. Board, the regional director shall trans­ reconsideration of an important Board In the Opinion And Order On Re­ mit the record to the Board. rule or policy. hearing Affirming In Part And Modify­ 3. Section 102.69(g) is revised to read (3) The request for review is accom­ ing in Part Opinion No. 699 And Grant­ as follows: panied by documentary evidence pre­ ing In Part And Denying In Part Peti­ § 102.69 Election procedure; tally of viously submitted to the regional director tions For Rehearing issued December 4, ballots; objections; certification by raising serious doubts as to the regional 1974, and Published in the F ederal regional director; report on chal­ director’s factual findings, thus indicat­ R eg ister on December 11, 1974 39 FR lenged ballots; report on objections; ing that there are factual issues which 43199. exceptions; action of the Board; can best be resolved upon the basis of a Page 43212, Column 2, Paragraph 3, hearing. record developed at a hearing. change period to comma at end of par­ ***** (4) The regional director’s action is, agraph and add “where such sales are (g) The notice of hearing, motions,on its face, arbitrary or capricious. made pursuant to a temporary small rulings, orders, stenographic report of (5) The petition raises issues which producer certificate which imposes a re­ the hearing, stipulations, exceptions, can best be resolved upon the basis of a fund obligation upon the small pro­ documentary evidence, together with record developed at a hearing. ducer. See Opinion No. 699 at 108,_____ the objections to the conduct or the * * * * * FPC _____ a t ______” election or conduct affecting the results These amendments shall become ef­ K e n n e t h F . P lu m b, of the election, any report on such ob­ fective on February 10, 1975. Secretary. jections, any report on challenged bal­ Dated: Washington, D.C. February 5, lots, exception^ to any such report, any 1975. [FR Doc.3641 Filed 2-7-75;8:45 amj briefs or other legal memoranda sub­ mitted by the parties, the decision of By direction of the Board. Title 29— Labor the regional director, if any, and the rec­ R obert V olger, CHAPTER I— NATIONAL LABOR ord previously made as described in Acting Executive Secretary. RELATIONS BOARD § 102.68, shall constitute the record in the case. Materials other than those set [FR Doc.75-3637 FUed 2-7-75;8:45 am] PART 102— RULES AND out above shall not be a part of the rec­ REGULATIONS, SERIES 8 ord; except that in a proceeding in Title 32— National Defense Miscellaneous Amendments which no hearing is held, a party filing CHAPTER XVIII— DEFENSE CIVIL By virtue of the authority vested in it exceptions to a regional director’s re­ PREPAREDNESS AGENCY by the National Labor Relations Act, ap­ port on objections or challenges, a re­ PART 1811— NONDISCRIMINATION IN proved July 5, 1935,1 the National Labor quest for review of a regional director’s FEDERALLY ASSISTED PROGRAMS OF decision on objections or challenges, or THE DEFENSE CIVIL PREPAREDNESS Relations Board hereby issues the fol­ any opposition thereto, may append to lowing further amendments to its Rules AGENCY its submission to the Board copies of Definitions and Regulations, Series 8, as amended, documents it has timely submitted to which it finds necessary to carry out the the regional director and which were In § 1811.2 of 32 CFR Part 1811, as not included in the report or decision. published in the F ederal R egister of provisions of said Act. January 20,1975 (40 FR 32)2) paragraph 1. Section 102.16 is revised to read asImmediately upon issuance of a report on objections or challenges, or both, (a) designated the title of DCPA manual follows; upon issuance by the regional director number CPG 1-9. This manual provides of an order transferring the case to the detailed information to States and their *49 S tat. 449; (29 UJ5.C. 151-166), as Board, or upon issuance of an order political subdivisions regarding nondis­ am ended by act of Ju n e 23, 1947 (61 S tat. granting a request for review by the crimination in Federally assisted pro­ 136; (29 U.S.C. 151-167)), act of October 22, Board, the regional director shall trans­ grams of the Defense Civil Preparedness 1951 (65 S tat. 601; (29 U.S.C. 158, 159, 168)), mit the record to the Board. Agency. The title is being changed so as and act of Septem ber 14, 1959 (73 S tat. 519; 4. Section 102.71(a) is revised to read to be more descriptive of the scope of the (29 TJJS.C. 141-168). as follows: manual. Therefore, in 32 CFR Part 1811,

FEDERAL REGISTER, V O L 40, NO . 28— M O NDAY, FEBRUARY 10, 1975 RULES AND REGULATIONS 6205

paragraph (a) is revised. § 1811.2 is re­ Title 36— Parks, Forests, and Public this part or adopted under § 602.101 may vised to read as follows: Property be disciplined. The disciplinary action may be in addition to any penalty pre­ § 1811.2 Definitions. CHAPTER Vi— AMERICAN REVOLUTION BICENTENNIAL ADMINISTRATION scribed by law for the violation. In addi­ ***** tion to or in lieu of disciplinary action, (a) “CPG 1-9” means DCPA publica­ PART 602— EMPLOYEE RESPONSIBILI­ remedial action to end conflicts or ap­ tion number CPG 1-9 entitled “nondis­ TIES AND CONDUCT pearance of conflicts of interest may in­ crimination in federally assisted pro­ The following are adopted as the Amer­ clude but is not limited to: grams of the defense civil preparedness ican Revolution Bicentennial Adminis­ (1) Changes in assigned duties; agency.” tration (ARBA) regulations regarding (2) Divestment by the employee or ***** employee responsibilities and conduct. special Government employee of his con­ (32 CFR 300.14, 29 FR 19294, Dec. 31, 1964.) The regulations were approved by the flicting interest; or Civil Service Commission on January 29, (3) Disqualification for a particular as­ Dated this 31st day of January 1975. 1975, and are effective February 10,1975. signment. J o h n E . D avis, Sec. § 602.104 Gifts, entertainment, and Director, 602.101 Adoption of regulations. favors. Defense Civil Preparedness Agency. 602.102 Review of statements of employ­ The Administration authorizes the ex­ [FR Doc.75-3670 Filed 2-7-75;8:45 am] ment and financial interests. 602.103 Disciplinary and other remedial ac­ ception to 5 CFR 735.202(a) set forth in tion. 5 CFR 735.202(b) (1)—(4). Title 33— Navigation and Navigable Waters 602.104 Gifts, entertainment, and favors. § 602.105 Outside employment and CHAPTER I— COAST GUARD, 602.105 Outside employment and other ac­ tivity. other activity. DEPARTMENT OF TRANSPORTATION 602.106 Financial interest. (a) An employee of the Administra­ [COD 3—75-2—R] 602.107 Miscellaneous statutory provisions. tion may engage in outside employment PART 127— SECURITY ZONE 602.108 Special provisions of Administration regulations governing special or other outside activity not incompatible Establishment of Security Zone, Government employees. with the full and proper discharge of the Marcus. Hook, Pa. 602.109 Statements of employment and fi­ duties and responsibilites of his Govern­ nancial interests. ment employment. An employee who en­ Captain Dudley C. Goodwin, United 602.110 Supplementary statements. gages in outside employment shall report States Coast Guard, Captain of the Port, 602.111 Use of G overnm ent property. that fact in writing in advance to the Philadelphia, Pennsylvania, issued the 602.112 Misuse of information. Administrator. following order establishing a Security 602.113 General conduct prejudicial to the (b) Employees of the Administration Zone around the M. T. Corinthos at the Government. may engage in teaching, writing, and BP Dock at Marcus Hook, Pa., effective 602.114 Interpretation and advisory serv­ lecturing provided, however, employees February 3, 1975. ices. shall not receive compensation or any­ This amendment to the Coast Guard’s Authority : E.O. 11222; 3 CFR 1964-1965 thing of monetary value for any consul­ security zone regulation establishes the Comp., p. 306; 5 CFR 735.104. tation, discussion, writing, lecturing or remains of the M/T Corinthos at the BP § 602.101 Adoption of regulations. appearance, the subject matter of which Dock as a Security Zone. This Security is devoted substantially to the specific Zone is established to protect evidence Pursuant to 5 CFR 735.104(f), the responsibilities, programs, Or operations required by a Coast Guard Board of In­ American Revolution Bicentennial Ad­ of the Administration or which draws quiry into the circumstances surround­ ministration (referred to hereinafter as substantially on official data or ideas ing an explosion on the Corinthos. the Administration) hereby adopts the which have not been published or other­ This amendment is issued without pub­ following sections of Part 735 of Title 5, wise publicaily released by the Admin­ lication of a notice of proposed rulemak­ Code of Federal Regulations: §§ 735.101- istration. The foregoing limitaion on ing and this amendment is effective in 102; 735.201a; 735.202 (a), (d), (e), (f) the receipt of compensation or anything less than 30 days from the date of pub­ 735.305(a); 735.306; 735.403(a); 735.404- of monetary value shall not be construed lication because good cause exists and *411; and 735.412 (b) and (d). These as applying to amounts received for re­ public procedures on this amendment are adopted sections are modified and sup­ imbursement for travel and other ex­ impracticable because immediate action plemented as set forth in this part. penses incurred in performing the out­ is necessary to protect the evidence. § 602.102 Review of statements of em­ side employment. In consideration of the foregoing, Part ployment and financial interests. 127 of Title 33 of the Code of Federal § 602.106 Financial interest. Regulations is amended by adding Each statement of employment and fi­ (a) An employee shall not: § 127.317 to read as follows: nancial interests submitted under this part shall be reviewed by the General (1) Have a direct or indirect financial § 127.317 Marcus Hook, Pa.—Delaware Counsel. When this review indicates a interest that conflicts, or appears to con­ River. conflict between the interests of an em­ flict with his Government duties and re­ The area within the following bound­ ployee or special Government employee sponsibilities; or ary is a security zone: of the Administration and the perform­ (2) Engage in, directly or indirectly, The M/T Corinthos and the area with­ ance of his services for the Government, a financial transaction as a result of, or in the floating boom surrounding the the General Counsel shall have the indi­ primarily relying on, information ob­ vessel. cated conflict brought to the attention tained through his Government employ­ ment. (46 S tat. 220, as amended, 6(B ), 80 S tat. 937; of the employee or special Government (40 U.S.C. 191), (49 UJS.C. 1655(B)); E.O. employee, grant the employee or special (b) This section does not preclude an 10173, E.O. 10277, E.O. 10352, E.O. 11249; 3 Government employee an opportunity to employee from having a financial inter­ CFR, 1949-1953 Comp. 356, 778, 873, 3 CFR, explain the indicated conflict, and at­ est or engaging in financial transactions 1964, 1965 Comp. 349, 33 CFR P a rt 6, 49 CFR tempt to resolve the indicated conflict. If to the same extent as a private citizen 1.46(B )). the indicated conflict c&nnot be resolved, not employed by the Government so long Effective date: This amendment be­ the General Counsel shall forward a as it is not prohibited by law, the Execu­ comes effective on February 3,1975. written report on the indicated conflict tive Order, this section, or the Admin­ to the Administrator, American Revolu­ istration regulations. Dated: February 4,1975. tion Bicentennial Administration. § 602.107 Miscellaneous statutory pro­ R . I. P r ic e, § 602.103 Disciplinary and other reme­ visions. Rear Admiral, U.S. Coast Guard, dial action. Chief, Office of Marine Envi­ The Administration authorizes the ronment and Systems. (a) An employee or special Govern­adoption of the regulations regarding ment employee of the Administration miscellaneous statutory provisions as set [FR Doc.75-3636 FUed 2-7-75;8:45 am] who violates any of the regulations in forth in 5 CFR 735.210.

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY . 10, 1975 f 6206 RULES AND REGULATIONS

§ 602.108 Specific provisions of Admin­ § 602.113 General conduct prejudicial PART 111— GENERAL INFORMATION ON istration regulations governing spe­ to the Government. POSTAL SERVICE cial Government employees. An employee shall not engage in crim­ Postal Service Manual; Miscellaneous (a) Special Government employees of inal, infamous, dishonest, immoral or Amendments the Administration shall adhere to the notoriously disgraceful conduct, or other Chapter I of the Postal Service Man­ standards of conduct applicable to em­ conduct prejudicial to the Government. ual, which has been incorporated by ref- ployees as set forth in this part and § 602.114 Interpretation and advisory erence in the F ederal R eg ister (see 39 adopted under § 602.101 (except 5 CFR services. CFR 111.1), has been amended by the 785.203(b)). In accordance with 5 CFR 735.105, the issuance of Post Office Services (Domes­ (b) Special Government employees of General Counsel, American Revolution tic) Transmittal Letter 34, Issue 97, the Administration may teach, lecture, or Bicentennial Administration, is desig­ dated February 7,1975. write in a manner not inconsistent with nated as counselor to provide counseling In accordance with 39 CFR 111.3 no­ 5 CFR 735.203(c). and interpretations on questions of con­ tice of these changes is hereby published (c) Pursuant to 5 CFR 735.305(b), the flicts of interest and other matters in the F ederal R egister as an amend­ Administration authorizes the same ex­ covered by the regulations, and to serve ment to that section and the text of the ceptions concerning gifts, entertainment, as the Administration’s designee to the changes is filed with the Director, Office and favors for special Government em­ Civil Service Commission for- such pur­ of the Federal Register. Subscribers to ployees as are authorized for employees poses. Each Assistant Administrator is the Manual will receive these amend­ by § 602.104. designated as deputy counselor for ments automatically from the Govern­ § 602.109 Statements of employment Administration employees within his ment Printing Office. (For other avail­ and financial interests. jurisdiction. An employee who wishes ability of Chapter I of the Postal Serv­ advice or guidance on questions of con­ ice Manual, see 39 CFR 111.2). (a) Employees in the following named Description of these amendments to positions shall submit statements of em­ flicts of interest and on other matters covered by the regulations should consult Chapter I of the Postal Service Manual ployment and financial interests: follows: (1) Deputy Administrator and Assist­ his appropriate deputy counselor for ant Administrators assistance, or may refer his request for PART 112— DOMESTIC MAIL SERVICE (2) Division Directors (GS-13 and guidance directly to the Administration’s counselor. 1. Part 112 is amended to delete Swan above) Islands from the list of territories and (b) Each statement of employment Note: This Part was approved by the Civil possessions of the United States. These and financial interests required by this Service Commission on Jan u ary 29, 1975 and islands are under the jurisdiction of section shall be submitted to the Ad­ is effective February 10, 1975. Honduras. ministrator, American Revolution Bi­ J o h n W . W arner, centennial Administration, Washington, Administrator. PART 123— NONMAILABLE MATTER— WRIT­ TEN, PRINTED AND GRAPHIC MATTER D.C. 20276. F ebruary 3,1975. (c) An employee who believes that his [FR Doc.75-3488 Filed 2-7-75*, 8:45 am i PART 124— NONMAILABLE MATTER— ARTICLES position has been improperly included and substa n ces; SPECIAL MAILING RULES in this section as one requiring the sub­ Title 39— Postal Service 2. On June 5,1974, there was published mission of a statement of employment CHAPTER I— U.S. POSTAL SERVICE n the F ederal R egister (39 FR 19958) a and financial interests may obtain a re­ notice of proposed rulemaking to revise view of his complaint under the Admin- PART 111— GENERAL INFORMATION ON completely parts 123 and 124 of title 39, israion’s grievance procedure. POSTAL SERVICE Code of Federal Regulations. The period § 602.110 Supplementary statements. Nonmailable Matter for receiving comments, originally end­ Notwithstanding the filing of the an­ The purpose of this document is to ing on June 20, 1974, was extended to nual supplementary statement of em­ amend the headings of Parts 123 and August 15, 1974, at the request of parties ployment and financial interests on June 124 contained in § 111.5, which lists the preparing comments (39 FR 24244), and 30 as required by 5 CFR 735.406, each entire contents of Chapter I of the the proposed September 1,1974, effective employee shall at all times avoid acquir­ Postal Service Manual, in conformity' date was cancelled when it became clear ing a financial interest that could re­ with the complete revision of Parts 123 that the regulations would not be ready sult, or taking an action that would re­ and 124 of the Postal Service Manual, for publication by that time (39 FR sult, in a violation of the conflicts-of- described elsewhere in today’s issue of 32036). Parts 123 and 124 are closely interest provisions of section 208 of title the F ederal R eg ister. interrelated regulations that are con­ 18, United States Code, or the regula­ Accordingly, effective immediately, in cerned with matter the mailabiHty of tions in this part or adopted under 39 CFR 111.5 paragraphs (b)(3) and which is conditioned or prohibited by law. § 602.101. The regulations have been revised in an (b) (4) are revised to read as follows: effort to treat differently “written, print­ § 602.111 Use of Government property. § 111.5 Contents of Chapter I of Postal ed and graphic” materials (Part 123), An employee shall not directly or in­ Service Manual. which potentially involve First Amend­ directly use, or allow the use of, Govern­ * * * * _ # ment considerations, from “articles and ment property of any kind, including (b) Subchapter 120—Preparation iol substances” (Part 124). All comments property leased to the Government, for m ailing. submitted with respect to the proposed other than officially approved activities. • * * * * revised regulations were given due con­ An employee has a positive duty to pro­ (3) Part 123—Nonmailable matter—writ­ sideration. tect and conserve Government property, ten, printed and graphic matter. As a result of comments received, the including equipment, supplies, and other (4) Part 124—Nonmailable matter— following changes are made: property entrusted or issued to him. articles and substances; special mailing a. In § 124.151 (proposed § 124.1(e) (1)) rules. § 602.112 Misuse of information. a new sentence is added at the end pro­ • * * * * - viding that hazardous materials subject For the purpose of furthering a private ((5 UJ3.C. 552(a)), (39 U.S.C. 401, 404, 407, interest, an employee shall not, directly 408, 3001-3011, 3201-18, 3408-05, 8621), to 49 CFR must be marked with the ship­ or indirectly use, or allow the use of, and (50 U.S.C. 1463-64)). ping name as set forth in 49 CFR 172.5. official information obtained through or b. In § 124.153 (proposed § 124.1(e) (3)) in connection with his Government em­ R oger P . C raig, ployment which has not been made Deputy General Counsel. a new sentence is added at the end pro­ available to the general public. [FR Doc. 75-3650 Filed 2-7-75; 8:45 am] viding 'that any package transported by

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY. FEBRUARY 10, 1975 RULES AND REGULATIONS 6207 aircraft must bear the appropriate De­ PART 154--- CONDITIONS OF DELIVERY PART 111— GENERAL INFORMATION ON partment of Transportation hazardous 7. Section 154.143 is amended to pro­ POSTAL SERVICE materials label. vide for the immediate return to the 14. In consideration of the foregoing, c. In § 124.242a (proposed 1124.2(d) sender of Treasury checks undeliverable 39 CFR 111.3 is amended by adding the (2)) the second sentence is amended to because the addressee has moved and following: provide that overseas and air mail are failed to file a change of address. restricted to items with a flash point § 111.3 Amendments to Chapter I o f the at or above 100° P, instead of only above PART 156— RURAL SERVICE Postal Service Manual. 100° P. 8. Section 156.21 and 156.22 are * * * * * d. In § 124.25 (proposed § 124.2(e)) the amended to provide rural route exten­ AMENDMENTS TO POSTAL SERVICE MANUAL next to the last sentence is amended to sions from an average of at least one Transmittal Letter, Letter 34, Issue 97; more accurately refer to packaging re­ family being served per 0.67 mile of addi­ Date, February 7, 1975; FR publication, 40 quirements of title 49 CFR. tional travel, including retrace, to an FR____ e. In § 124.282 (proposed § 124.2(h) (1)) average of one family being served per a reference to 42 CFR 72.25 is added. These amendments are effective im­ one mile of additional travel, including mediately. f. In § 124.544a (proposed § 124.5(d) retrace. (4) (i)) the proposed requirement that (5 U.S.C. 552(a), (39 U.S.C. 401, 404, 407, would have limited the use of regular PART 159— UNDELIVERABLE MAIL 408, 3001-3011, 3201-18, 3403-05, 3621) and mail to prescription medicines contain­ 9. Section 159.311 is amended to pro­ (50 U.S.C. 1463-64)). ing controlled substances listed in vide for the immediate return to the R oger P. C raig, Schedule II in amounts not exceeding sender of Treasury checks undeliverable Deputy General Counsel. a 34-day supply or 100 dosage units, because the addressee has moved and [FR Doc.75-3649 Filed 2-7-75;8:45 am] whichever is less, has be,en changed to failed to file a change of address. permit the use of regular mail for 10. Section 159.852 is amended to raise Title 43— Public Lands: Interior amounts not exceeding 100 dosage units. the minimum size of sale lots because of CHAPTER II— BUREAU OF LAND MAN­ g. In § 124.544b (proposed § 124.5(d) increased costs of auction sales. (4) (ii)) the proposed requirement that AGEMENT, DEPARTMENT OF THE IN- would have limited the use of regular PART 161— REGISTERED MAIL ' TERIOR mail to prescription medicines contain­ 11. Section 161.749 is amended to in­ APPENDIX—PUBLIC LAND ORDERS ing controlled substances listed in clude the prohibition against cutting [Public Land Order 5477] Schedules m , IV and V in amounts not pouch straps, the removal of the dam­ ARIZONA exceeding a 100 day supply or 200 dosage aged pouches from service, and the re­ units, whichever is less, has been quirement for reporting the damage to Partial Revocation of Reclamation changed to permit the use of regular the Inspection Service. Withdrawals mail for up to 300 dosage units. By virtue of the authority contained in Certain minor printing errors were PART 153— COD MAIL section 3 of the Act of June 17, 1902, as also corrected and other minor editorial PART 171— MONEY ORDERS amended and supplemented, (43 U.S.C. corrections and revisions were made 12. Various sections relating to COD 416 (1970) ), it is ordered as follows: where necessary. money orders in Part 163 and substan­ The departmental orders of July 2, In addition, new § 123.424 is added, tially all of Part 171 are amended in 1902, January 31, 1903, September 30, consistent with Pub. L. 93-583, enacted conformity with an improved money 1904, June 18, 1914, and March 14, 1929, January 2, 1975, exempting from the order system previously adopted by the and any other order or orders which anti-lottery provisions an advertisement, Postal Service. The domestic part of this withdrew lands for reclamation purposes, list of prizes or information concerning improved system went into effect on Oc­ are hereby revoked so far as they affect a lottery conducted by a State contained the following described lands : in a newspaper published in that State, tober 1?, 1973 (see notice at 38 FR. or the mailing to addresses within a 29651). All military post offices were GILA AND SALT RIVER MERIDIAN State of tickets or other materials con­ converted to the new system on Novem­ T . 9 S., R. 23 W., cerning a lottery conducted by that ber 13, 1973, and the international part Sec. 10, lots 1 th ru 6, SE^NE^, Ey2SEi4; of the system went into effect on Sec. II, Tract A, lots 1 thru 7, sy2N%, State. March 30, 1974 (see notice at 39 FR SW^SE^í, Ny2NE^4; As so modified and revised, parts 123 Secs. 12, 13, 14, 15. and 124 are hereby adopted. 12071). The money order system has been operating under interim regulations dur­ The areas described aggregate, 3,402.27 PART 134— THIRD CLASS ing an initial period of testing. That acres in Yuma County. 3. Section 134.44c is amended to allow period having now been completed, the Of the lands described above, the the permit indicia to be carried on the Postal Service hereby adopts permanent ev2 w % wy2 sw i/4s w % n w % sec. 12, t . 9 detached address card when merchan­ S., R: 23 W., is appropriated for a canal dise samples are mailed using the de­ regulations governing the clerk issu­ right-of-way established by the Bureau tached address card procedure. ance, accounting, and reporting proce­ of Reclamation pursuant to subsection dures for its money order system. P, section 4, of the Act of December 5, PART 144— POSTAGE METERS AND METER 1924, (43 Ü.S.C. 417 (1970)), and shall STAMPS PART 165--- CERTIFICATES OF MAIL, RETURN not be open to disposition under the pub­ 4. Section 144.13d is amended to up­ RECEIPTS, AND RESTRICTED DELIVERY lic land laws. The remaining lands have date a meter manufacturer’s mailing ad­ 13. Section 165.3 is amended to delete been conveyed out of Federal ownership, dress. the present endorsements Deliver to Ad­ or transferred to the jurisdiction of the dressee Only and Deliver to Addressee or military, and are not subject to use or 5. Section 144.223 is amended to es­ disposition under the public land laws. tablish a corresponding requirement to Order and substitute the single endorse­ ment Restricted Delivery for all such J ack O. H orton, § 144.962 which requires meter manufac­ Assisant Secretary of the Interior. turers to perform semi-annual inspec­ mail. Mail so endorsed will be delivered F ebruary 4,1975. to the addressee only, unless the ad­ tions. Some meter users have refused [FR DOC.E5-3672 Filed 2-7-75;8:45 am] meter manufacturers access to their dressee specifically authorizes in writing meters, thereby weakening the effective­ another person to receive his restricted ness of such checks in detecting im­ delivery mail. The existing exceptions [Public Land Order 5473] proper use of meters and faulty meters. to the delivery of restricted delivery mail ARIZONA 6; Section 144.351b is amended to sim­ described in § 165.341 are revised in Modification of Reclamation Withdrawals plify procedures for issuance of a receipt minor respects and retained. To Permit Grant of Right-of-Way for postage printed in excess of the The remainder of the changes are By virtue of the authority contained amount set in a postage meter. minor, technical, or editorial in nature. in section 3 of the Act of June 17, 1902,

FEDERAL REGISTER, V O L 40, NO . 28— M O NDAY, FEBRUARY 10, 1975 6208 RULES AND REGULATIONS

32 Stat. 388, as amended and supple­ [Public Land Order 5465; Riverside 1451] The area described aggregates 360 mented, <43 U.S.C. 416 (1970)), it is CALIFORNIA acres in Shoshone County. ordered as follows: 2. The withdrawal made by this order The departmental orders of January Partial Revocation of Reclamation Project does not alter the applicability of those 31, 1903, September 8, 1903, and March. Withdrawal public land laws governing the use of the 14, 1929, withdrawing lands in Arizona By virtue of the authority contained national forest lands under lease, license for reclamation purposes, are hereby in section 3 of the Act of Juiie 17, 1902, or permit, or governing the disposal of modified to the extent necessary to per­ <43 U.S.C. 416) (1970), it is ordered as their mineral or vegetative resources mit the location of a right-of-way under follows: other than under the mining laws. section 2477, U.S. Revised Statutes, (43 1. The Departmental Order of Octo­ J ack O . H orton, U.S.C. 932), by Yuma County, Arizona, ber 19, 1920, withdrawing lands for the Assistant Secretary of the Interior. over the following described lands, as de­ Yuma Project, now the All American lineated on a map filed by the Yuma Canal Project, is hereby revoked so far F ebruary 4, 1975. CountyDepartment of Public Works with as it affects the following described land: [FR Doc.75-3674 Filed 2-7-75;8 :45 am] the Bureau of Land Management in Ari­ San Bernardino Meridian zona 7378, for the construction of a pub­ lic road: T. 7 S., R. 8 E., Title 46— Shipping Sec. 18, Sy2 of lo ts 1 and 2 of SW %. CHAPTER !— COAST GUARD, Gila and Salt R iver Meridian DEPARTMENT OF TRANSPORTATION T. 10 N., R. 19 W., Sec. 14, N%NE%NEi4 (50' The area described contains 76.83 x 1044.33'). acres in Riverside County. (CGD 74-100R) The area described contains 1.20 acres 2. At 10 a.m. on March 8, 1975, the CO FIXED FIRE EXTINGUISHING SYSTEMS in Yuma County. lands shall be open to operation of the Controls; Requirements for Additional J ack O. H orton, public land laws generally, subject to instructions Assistant Secretary of the Interior. valid existing rights, the provisions of existing withdrawals, and the require­ A notice of proposed rulemaking (CGD F ebruary 4, 1975. ments of applicable law. All valid ap­ 74-100) was published in the F ederal [PR Doc.75-3673 Filed 2-7-75:8:45 am] plications received on or prior to 10 a.m. R egister of Wednesday, May 8, 1974 (39 FR 16364). It proposed a revision of the on March 8, 1975, shall be considered as existing regulations concerning specifi­ APPENDIX— PUBLIC LAND ORDERS simultaneously filed at that time. Those cations for controls of C02 fixed fire ex­ [Public Laud Order 5472, Arizona 6882] received thereafter shall be considered tinguishing systems. in the order of filing. The purpose of this amendment is to ARIZONA 3. The lands will be open to location modify the requirements pertaining to Withdrawal of National Forest Lands under the United States mining laws at •the posting of operating instructions for By virtue of the authority vested in 10 a.m. on March 8,1975. They have been fixed carbon dioxide fire extinguishing the President by the Act of June 4,1897, and will continue to be open to applica­ systems. This modification will require <16 U.S.C. 473) <1970), and pursuant to the posted instructions to be of a more Executive Order No. 10355 of May 26, tions and offers under the mineral leas­ detailed nature. 1952 (17 FR 4831), it is ordered as ing laws. , During the thirty day comment period, follows: Inquiries concerning the lands should three comments were received. One com­ 1. Subject to valid existing rights, the be addressed to the Bureau of Land menter requested clarification of the following described national forest definition of “releasing control device.” Management, Room E-2841, Federal The term “releasing control device” re­ lands are hereby withdrawn from appro­ Office Building, 2800 Cottage Way, fers to all pull boxes, stop valve controls, priation under the mining laws, 30 U.S.C. Sacramento, California 95825. and cylinder valves. This clarification Ch. 2, but not from leasing under the was made in the regulation. A second J ack O . H orton, commenter expressed concern that the mineral leasing laws, in aid of programs Assistant Secretary of of the Department of Agriculture: posting of alternate means of releasing the Interior. the extinguishing system may encourage tcatrab National F orest J anuary 31, 1975. persons to enter hazardous areas on GILA AND SALT RIVER MERIDIAN [FR Doc.75-3617 Filed 2-7-75;8:45 am] small vessels. It is felt that this comment Three Lakes Game Preserve has merit. Accordingly, the wording of the regulation has been altered to ex­ T. 37 N., R. 2 E., [Public Land Order 5476] clude all systems in which the C02 cylin­ Sec. 6, SW%NE%NE14, SE^NW&NE^; IDAHO ders are within the protected space. This E%SW%NE%, wy2SE%NE»4; NW]4 exempts the systems normally found on NE%SE%, NE^NW^SEVi. Withdrawal for National Forest small vessels. The final commenter sug­ Lamb’s Lake Game Preserve Administrative Site gested changing the terminology “pri­ T. 38 N., R. 1 E., By virtue of the authority vested in mary or secondary means of release.” Secs. 13 and 14, those lands included in the President and pursuant to Executive To clarify the intent of the regulation M.S. No. 1655. Order No. 10355 of May 26, 1952 <17 FR this provision was altered to read “man­ The areas described aggregate 178.03 4831), it is ordered as follows: ual release or stop value controls.” acres in Coconino County, ' 1. Subject to valid existing rights, the In consideration of the foregoing, following described national forest lands Parts 34, 76, 95, 181, and 193 of Title 46 2. The withdrawal made by this order are hereby withdrawn from location and does not alter the applicability of the entry under the mining laws <30 U.S.C. of the Code of Federal Regulations are public land laws governing the use of Ch. 2), but not from leasing under the amended as follows: the national forest lands under lease, mineral leasing laws, in aid of prograpas PART 34— FIREFIGHTING EQUIPMENT license or permit or governing the dis­ of the Department of Agriculture: 1. By revising § 34.15-10(h) to read: posal of their mineral or vegetative re­ St. J oe National F orest § 34.15—10 Controls—-T/ALL. sources other than under the mining BOISE m e r i d i a n * * - * * laws. T. 43 N., R. 9 E., J ack O . H orton, Sec. 19, Ei/2SE»4SEi4SE%; (h) Complete but simple instructions Assistant Secretary of Sec. 20, W^SEy4NWy4l W%NE}4SW}4, for the operation of the systems must be the Interior. Nwy4swi/4, sy2sw%; located in a conspicuous place at or near Sec. 29, SW%SW%NE%, NW‘,4; J anuary 31,1975. Sec. 30, Ey2E%NE%NEi4, E^N S^SE^ all pull boxes, stop valve controls and [FR Doc.75-3616 Filed 2-7-75; 8 :45 am] NEVi, SEV4SE]4NE»A. in the C02 cylinder storage room. On

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 RULES AND REGULATIONS 6209 systems in which the COj cylinders are Adopted: January 30,1975. 4. In more concrete terms, the new law not within the protected space, these in­ Released: February 4,1975. permits a broadcast station licensed to a structions must also include a schematic location in New York, which now con­ diagram of the system and instructions [ sea l] C harles A. H igginbotham , ducts a lawful State lottery, to broadcast detailing alternate methods of discharg­ Chief, Safety and Special advertisements of or information con­ ing the system should the manual release Radio Services Bureau. cerning the New York State lottery as or stop valve controls fail to operate. [FR Doc.75-3645 Filed 2-7-75;8:45 am] well as the lawful State lotteries of Mas­ Each control valve to branch lines must sachusetts, Connecticut, New Jersey and [FCC 75-1291 Pennsylvania, since these States are ad­ be marked to indicate the related space jacent to New York and since they also served. PART 73— RADIO BROADCAST SERVICES conduct a lawful State lottery. The ex­ * * * * * PART 76— CABLE TELEVISION SERVICE emption, however, would not permit a PARTS 76, 95, 181, AND 193 [AMENDED] State Lotteries broadcast station licensed to a location 2. By revising §§ 76.15-10 (h), 95.15- in New York to broadcast information In the Matter of Amendment cf Part concerning the Maine or Michigan state 10(h), 181.20—15(d)-, and 193.15-10(h) to 73 (Radio Broadcast Services) and Part lotteries since those states are not adja­ read the same as § 34.15-10 (h) 76 (Cable Television Service) of the cent States to New York. Nor would the (46 T7.S.C. 375, 390b, and 391a (49 U.S.C. rules. exemption permit a station licensed to a 1655(b)); 49 CFR 1.46(b) and 1.46(o)(4)) By the Commission: 1. The Commis­ location in Virginia to broadcast infor­ sion has under consideration § 73.122 for mation concerning the Maryland state Effective date: This amendment is ef­ AM stations, § 73.292 for FM stations, fective on May 15, 1975. lottery, since although Virginia is adja­ § 73.656 for TV stations, and § 76.213 for cent to Maryland, Virginia does not con­ Dated: February 3, 1975. cable television systems. These provi­ duct a State lottery. Although the lan­ O.'W. S il e r , sions contain the Commission's rules guage of the new statute appears clear, Admiral, UJ5. Coast Guard concerning lotteries. the preceding example is included in the Commandant. 2. On January 2,1975, Congress modi­ appended revised lottery rules to assist in fied the scope of the Federal statute pro­ [FR Doc.75-3634 Filed 2-7-75:8:45 am] understanding its basic application. hibiting broadcasts of advertisements of 5. Finally, it should be emphasized or information concerning lotteries set that the exemption to the provisions of Title 47— Telecommunication forth in section 1304 of Title 18 of the section 1304 provided by Pub. L. 93-583 CHAPTER I— FEDERAL criminal code by enacting a new provi­ is limited to the specific circumstances COMMUNICATIONS COMMISSION sion (Pub. L. 93-583) for broadcasts described therein, and that the general [Docket No. 19946] about lawful State conducted lotteries. prohibition of broadcasts regarding lot­ The new law set forth in 18 U.S.C. teries set forth in section 1304 is ap­ PART 2— FREQUENCY ALLOCATIONS AND section 1307 exempts in specific circum­ plicable to broadcasts about all other RADIO TREATY MATTERS; GENERAL stances described therein the broadcast lotteries. RULES AND REGULATIONS of advertisements of or information con­ 6. In order to conform the Commis­ PART 83— STATIONS ON SHIPBOARD cerning a State conducted lottery acting sion’s lottery rules to the new lottery IN THE MARITIME SERVICES under authority of State law from the exemption set forth in section 1307, prohibitions contained in section 1304 §§ 73.122, 73.292 and 73.656 are, in effect, Search and Rescue Communications, Or­ when such information is broadcast: (I) eliminated and their substance, as re­ der Extending Time for Filing Reply by a radio or television broadcast station vised is set forth in a new §73.1209, Comments licensed to a location in that State or (2) found in Subpart H of the rules apply­ By the Chief, Safety and Special Radio by a radio or television broadcast station ing to all broadcast services. licensed to a location in an adjacent Services Bureau. State also conducting such a lottery.1 7. In 1970, the Commission adopted In the Matter of Amendment of Parts 3. For the purposes of the new exemp­ rules which in effect imposed the restric­ 2 and 83—to make available the fre­ tion a lottery is defined as “the pooling of tions of section 1304 on cablecasts quency 157.1 MHz for use by non-Gov- proceeds derived from the sale of tickets originated by cable systems. These rules or chances and allotting those proceeds are also being modified to reflect the ernment ship stations; to require that exemptions contained in the statute. 157.1 MHz be fitted in VFH equipment or parts thereof by chance to one or more chance takers or ticket purchasers. ‘Lot­ See § 76.213. installed in ship stations; and to desig­ tery' does not include the placing or ac­ 8. The amendments hereby adopted nate 156.3 for search and rescue com­ cepting of bets or wagers on sporting are issued pursuant to the authority con­ tained in sections 4(i) and 303 (r) of munications. events or contests.” See 18 U.S.C. section 1. Northern Pacific Marine Radio the Communications Act of 1934, as 1307(d). In addition, it should be noted amended. Council (NPMRC) has requested a 45- that the legislative history indicates the day extension of time within which to file 9. The amendments adopted simply word “adjacent” used in the exemption conform existing lottery rules to the re­ comments in the above-captioned rule is intended to mean adjoining or con­ cent amendment of Chapter 61 of Title making proceeding [December 6, 1974; tiguous, i.e., having a common boundary, 18 of the United States Code by the 39 FR 426891, in order to permit solicita­ at least in part. Further it should be addition of new section 1307. Therefore tion of the views of its members consider­ the notice and effective date’ require­ ing the effects of the holiday season on noted that it is the licensed location of a ments set forth in 5 U.S.C. 553 are in­ the originally allowed time. The Coast station, rather than the actual location applicable. Guard has informally joined in this of a transmitter or studio, to which the 10. Accordingly, it is ordered, That request. statute refers in providing a limited ex­ §§ 73.122, 73.292, 73.656, and 76.213 -are emption from the prohibitions of section amended as set forth below. 2. Accordingly, if is ordered, That the 1304. (Secs. 4, 303, 48 Stat., as am ended, 1066, time for filing comments in the proceed­ 1082; (47 U.S.C. 154, 303)) ing in Docket No. 19946 is extended to 1 The new law also comtalns exemptions permitting the publication of information Adopted: January 30,1975. February 19,1975, and the time for filing about a lawful State conducted lottery in Released: February 5,1975. reply comments is extended to March 3, newspapers published in the State and for 1975. This action is taken pursuant to the use of the mails to send tickets and F ederal C ommunications other material concerning a lawful State C o m m is sio n , authority delegated by section 0.331(b) conducted lottery to addresses within the [sea l] V in c e n t J . M u l l in s , (4) of the rules. State conducting the legal State lottery. Secretary.

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 6210 RULES AND REGULATIONS

Effective January 30, 1075, Parts 73 ing of proceeds derived from the sale of State law when such information is and 76 of 47 CFR is amended as follows: tickets or chances and allotting those transmitted: §§ 73.122, 73.292, and 73.656 [Amend- proceeds or parts thereof by chance to (1) by a cable system located in that ! ed j. one or more chance takers or ticket pur­ State, chasers. It does not include the placing (2) by a cable system located in an 1. Sections 73.122, 73.292 and 73.656 or accepting of bets or wagers on sport­ adjacent State which also conducts such are revised to read: ing events or contests. a lottery, or See § 73.1209 of this chapter which ap­ (3) by a cable system located hi an­ plies to all broadcast stations. N o t e .— Pursuant to the exemption set out In paragraph (c) of this section, a broad­ other State which is integrated with a 2. A new § 73.1211 is added to read: cast station licensed to a location in a State cable system described in (I) or C2) §73.1211 Broadest of lottery infor­ that conducts a State Lottery may broadcast herein, if termination of the receipt of mation. advertisements of or information concern­ such transmission by the cable system ing such lottery in its State of license and in such other State would be technically (a) No licensee of an AM, PM or tele­advertisements of or information concern­ infeasible. vision broadcast station, except as in ing such lotteries conducted in any adja­ (d) For the purposes of paragraph Cc) paragraph (c) of this section, shall cent State. (See 18 U.S.C. 1307, FCC 75). The lottery means the pooling of proceeds broadcast any advertisement of or in­ exemption would, for example, permit a broadcast station licensed to a location in derived from the sale of tickets or formation concerning any lottery, gift New York, which now conducts a lawful chances and allotting those proceeds or enterprise, or similar scheme, offering state lottery, to broadcast advertisements of parts thereof by chance to one or more prizes dependent in whole or in part upon or information concerning the New York chance takers or ticket purchasers. It lot or chance, or any list of the prizes State Lottery as well as the lawful State Lot­ does not include the placing of accepting drawn or awarded by means of any such teries of Massachusetts, Connecticut, New of bets or wagers on sporting events or lottery, gift enterprise or scheme, wheth­ Jersey and Pennsylvania, since these States contests.' er said list- contains any part or all of are adjacent to New York, and also conduct a State Lottery. The exemption, however, [FR DOC.75-3647 Filed 2-7-75;8:45 am ] such prizes. (18 U.S.C. 1304, 62 Stat. 763). would n o t p erm it a broadcast statio n licensed Cb) The determination whether a to a location in New York to broadcast in­ particular program comes within the formation concerning the Maine or Michi­ Title 1®— Commercial Practices provisions of paragraph (a) of this sec­ gan State lotteries since those states are not CHAPTER II— CONSUMER PRODUCT tion depends on the facts of each case. adjacent States to New York. Nor would the SAFETY COMMISSION exemption permit a station licensed to a However, the Commission will in any SUBCHAPTER C—FEDERAL HAZARDOUS location in Virginia to broadcast information SUBSTANCES ACT REGULATIONS event consider that a program comes concerning the Maryland State Lottery, since within the provisions of paragraph (a) although Virginia is adjacent to Maryland, PART 1500— HAZARDOUS SUBSTANCES of this section if in connection with such Virginia does not conduct a State lottery. AND ARTICLES, ADMINISTRATION AND program a prize consisting of money or ENFORCEMENT REGULATIONS other thing of value is awarded to any 3. Section 76.213 (a>, (c), (d) is person whose selection is dependent in amended to read: Test Methods for Simulating Use and § 76.213 Lotteries. Abuse of Toys, Games and Other Articles whole or in part upon lot or chance, if as Intended for Use by Children a condition of winning or*competing for (a) No cable television system, except such prize, such winner or winners are as in paragraph Cc), when engaged in Correction required to furnish any money or other origination cablecasting shall transmit In FR Doc. 75-225. appearing at page thing of value or are required to have in or permit to be transmitted on the orig­ 1480 in the issue for Tuesday, January 7, their possession any product sold, manu­ ination cablecasting channel or chan­ 1975, make the following Changes; factured, furnished or distributed by a 1. On page 1485 in § 1500.51(g) (1), in sponsor of a program broadcast on the nels any advertisement of or information the fourth line the word now reading station to question. (See 21 FCC 2d 846) . concerning any lottery, gift enterprise, “contract” should be changed to read (c) The provisions of paragraphs (a) or similar scheme, offering prizes depend­ “contact”. and (b) of this section shall not apply to ent in whole or in part upon lot or 2. On page 1485 in § 1500.52(a) the an advertisement, list of prizes or other chance, or any list of the prizes drawn or fifth line at the top of the second column, information concerning a lottery con­ awarded by means of any such lottery, now reading “centimeters) shall be ap­ ducted by a State acting under authority plied evenly” should be moved to of State law when such information is gift enterprise, or scheme, whether said § 1500.52(e) (3) after the fifth line end­ broadcast: (1) by a radio or television list contains any part or all of such ing “(3.46 kilogram-” broadcast station licensed to a location prizes. 3. On page I486 in § 1500.52(f) (3) the in that State, or (2) by a radio or televi­ ***** line now reading “to the test object of, sion broadcast station licensed to a loca­ Cc) The provisions of paragraphs (a) component. A 15-” should read “to the tion in an adjacent State which also con­ test object or component. A 15-”. ducts such a lottery. (18 U.S.C. 1307, 88 and Cb) of this section shall not apply to 4. On page 1487 in the third column, Stat. 1916). advertisements or lists of prizes or in­ the first line of the authority cite, should (d) For the purposes of paragraph Cc) formation concerning a lottery conducted read “(Secs, 2(f),(1) CD), (q) (1) (A),

FEDERAL REGISTER, V O L 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 6211 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 rule making prior to the adoption of the final rules.

DEPARTMENT OF JUSTICE In accordance with the provisions of the services will be performed impose any section 553 of Title 5 of the United limitations on the services to be rendered Immigration and Naturalization Service States'Code (80 Stat. 383), interested by the beneficiary, the petitioner shall [ 8 CFR Part 214 ] persons may submit to the Commissioner submit a written statement describing NONIMMIGRANT (H -l) VISA PETITIONS of Immigration and Naturalization, the limitations and asserting whether FOR PHYSICIANS AND NURSES Room 7100-C, 425 Eye Street NW., Wash­ he will observe- them. The district direc­ ington, D.C. 20536, written data, views, tor shall consider any such limitations Evidence Submitted in Support of Visa or arguments, in duplicate, with respect in determining whether the services Petition to the proposed rule. Such representa­ which the beneficiary would perform are Pursuant to section 553 of Title 5 of tions may not be presented orally in any of an exceptional nature requiring a per­ the United States Code (80 Stat. 383), manner. All relevant material deceived son of distinguished merit and ability. notice is hereby given of the proposed before March 14,1975, will be considered. * * * • x * amendment of 8 CFR 214.2(h) (2) (iii) In light of the foregoing, it is proposed (Sec. 103, 66 S tat. 173; (8 U.S.C. 1103) ) pertaining to the evidence to be sub­ to amend Part 214 of Chapter I of mitted in support of a visa petition to Title 8, Code of Federal Regulations, as Dated: February 5,1975. accord a physician or nurse nonimmi­ follows; L. F. C hapm an, Jr., grant classification as an alien of dis­ PART 214—-NONIMMIGRANT CLASSES Commissioner of tinguished merit and ability under sec­ Immigration and Naturalization. tion 101(a) (15) (H) (i) of the Immigra­ It is proposed to amend § 214.2(h) (2) tion and Nationality Act, as amended. (iii) to read as follows: [FR Doc.76-3642 Filed 2-7-75;8:45 am] Current § 214.2(h) (2) (iii) requires § 214,2 Special requirements for admis­ that a visa petition to accord a physician sion, extension, and maintenance of DEPARTMENT OF AGRICULTURE or nurse H-l nonimmigrant classification status. Agricultural Stabilization and Conservation shall be accompanied by a statement * * * * » Service from the petitioner certifying whether (h) Temporary employees. to the best of his information and belief [ 7 CFR Part 729 ] the beneficiary is fully qualified under ***** PEANUTS the laws governing the place of intended (2) Petition for alien of distinguished merit and ability.* * * Notice of Proposed Determination for employment to perform th-' desired serv­ 1975-76 Marketing Year ices; whether under those laws the peti­ (iii) Physicians and nurses. A peti­ tioner is permitted to employ the bene­ tioner seeking to accord a physician or Pursuant to section 358(c) of the Ag­ ficiary to perform such services, and nurse a classification under section 101 ricultural Adjustment Act of 1938, as whether under those laws the beneficiary (a) (15) (H) (i) of the Act shall attach amended, (7 U.S.C. 1358(c)), the Sec­ is permitted to substantially perform the to the petition evidence that the bene­ retary of Agriculture is preparing to desired services. It is believed to be in the ficiary has obtained a full and .unre­ determine whether the supply of any type public interest to require the petitioner stricted license to practice medicine or or types of peanuts for the 1975-76 mar­ to submit certain relevant evidence from professional nursing in the country keting year will be insufficient to meet the state licensing authorities. It is, where he obtained his medical or nurs­ the estimated demand for cleaning and therefore, proposed to amend § 214.2(h) ing education, or that such education was shelling purposes. Section 358(c) (2) of (2) (iii) to require that visa petitions to obtained in the United States or Canada, the Act, as amended, reads in part as accord a physician or nurse H-l nonim­ or that he is a physician who successfully follows: migrant classification should be accom­ passed the examination given by the Notwithstanding any other provision of panied by evidence that a permanent li­ Educational Commission for Foreign law, if the Secretary of Agriculture deter­ cense to practice medicine or professional Medical Graduates; also, evidence that mines, on the basis of the average yield per nursing, as appropriate, has been issued a permanent license to practice medi­ acre of peanuts by types during the preced­ to the beneficiary by the licensing au­ cine or professional nursing has been ing five years, adjusted for trends in yields issued to the beneficiary by the licensing and abnormal conditions of production af­ thority having jurisdiction over the place authority having jurisdiction over the fecting yields in such five years, that the of intended employment, or a written place of intended employment, or a supply of any type or types of peanuts for statement from such licensing authority written statement from such authority any marketing year, beginning with the that, based on the facts known to it, a 1951-52 marketing year, will be insufficient temporary license or permit will be issued that based upon the facts known to the to meet the estimated demand for cleaning to the beneficiary once the beneficiary licensing authority such authority will and shelling purposes at prices at which the issue the beneficiary a temporary license Commodity Credit Corporation may sell for establishes residence in the area of in­ or permit once the beneficiary estab­ such purposes peanuts owned or controlled tended employment. It is proposed to lishes residence in the area of intended by it, the State allotments for those States further amend that section to provide employment. If the state or other place producing such type or types of peanut3 that if the state or other place where the where the desired services are to be per­ shall be increased to the extent determined desired services of the beneficiary are to formed does not issue temporary licenses by the Secretary to be required to meet such be performed does not issue temporary or permits, the petitioner shall submit a demand but the allotment for any State licenses or permits, the petitioner shall written statement from the Attorney may not be Increased under this provision submit a written statement from the General of such state or other place to above the 1947 harvested acreage of peanuts Attorney General of such state or other the effect that the desired services may for such State. The total increase so deter­ place to the effect that the desired serv­ be performed without a license or per­ mined shall be apportioned among such ices may be performed without a license mit; however, the submittal by the peti­ States for distribution among farms produc­ or permit; the submission of such state­ tioner of such Attorney General’s state­ ing peanuts of such type or types on the ment by the petitioner shall be waived ment shall be waived if the Service has basis of the average acreage of peanuts of if the Service has previously obtained previously obtained such a statement. such type or types in the three years imme­ such a statement. If the laws governing the place where diately preceding the year for which the

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 6212 PROPOSED RULES allotments are being determined. The addi­ EMERGENCY LOAN GUARANTEE packaging or special handling shall be tional acreage so required shall be in addi­ BOARD paid by the requester. Documents shall tion to the national acreage allotment, the be provided without charge or at a re­ production from such acreage shall be in [13 CFR Part 402 ] addition to the national marketing quota, duced charge where the Board deter­ and the increase in acreage allotted under ESTABLISHMENT OF FEES IN CONNEC­ mines that waiver or reduction of the this provision shall not be considered in TION WITH REQUEST FOR INFORMA­ fee is in the public interest because fur­ establishing future State, county or farm TION UNDER THE FREEDOM OF INFOR­ nishing the information can be con­ acreage allotments. MATION ACT sidered as primarily benefiting the Prior to determining whether the sup­ Notice of Proposed Rulemaking general public. Any person who wishes to submit writ­ ply of any type or types of peanuts for Notice is hereby given in accordance the 1975-76 marketing year will be in­ ten data,, views, or arguments concern­ with administrative rulemaking proce­ ing the proposed fee schedule may do sufficient under section 358(c> of the dures of 5 U.S.C. 553 that the Emergency Act to meet the estimated demand for so by filing them with the Secretary, Loan Guarantee Board, pursuant to the Emergency Loan Guarantee Board, c/o cleaning and shelling, consideration will requirements of 5 U.S.C. 552(a) (4) (A) Department of the Treasury, Office of be given to data, views and recommenda­ proposes to adopt the following amend­ the General Counsel, Washington Build­ tions relating thereto which are submit­ ment to its rules regarding availability ing, Room 1001, Washington, D.C. 20220. ted in writing to the Director, Tobacco of information in order to adopt a fee All written submissions made pursuant schedule for searching and duplication to this notice will be made available for and Peanut Division, Agricultural Sta­ of records requested under the Freedom bilization and Conservation Service, public inspection at the Washington of Information Act. Building, 15th & G Street NW., Room United States Department of Agricul­ Subject to the receipt of comments, it 1001, Washington, D.C., during regular ture, Washington, D.C. 20250. To be sure is proposed that 13 CFR 402.4 be amended hours of business (0 am . to 5:30 p.m., of consideration, any such submission by ending the second sentence of para­ Monday through Friday, except holi­ must be postmarked not later than graph (b) after the word “difficulty,” days). March 12,1975. deleting all that follows, redesignating Subject to the receipt of comments All written submissions made pursuant paragraph (c) as paragraph (d) and pursuant to this notice, on or before adding the following new paragraph (c>: February 18, 1975, the proposed amend­ to this notice will be made available for ment will become effective on Febru­ public inspection at the office of the Di­ § 402.4 [Amended! ary 19,1975, but will later be revised (un­ rector, during regular business hems * * * * * der the procedures of 5 U.S.C. 553), if (8:15 a .in. to 4:45 p.m.) (7 CFR 1.27(b)). Cc) Fees. A fee based upon $5 per hour necessary, to reflect comments received Signed at Washington, D.C. on: Feb­ for the time required to locate such rec­ after the effective date but prior to the ruary 4,1975. ords and prepare them for inspection, end of thirty days from the date of this plus 10. cents per standard page for any notice. G le n n A. W e ir , Acting Administrator, Agricul­ copying thereof shall be paid by any Alan N. VTn ic k , tural Stabilization and Con­ person requesting records other than Secretary, servation Service. published records described in § 402.3. Emergency Loan Guarantee Board. [PR Doc.75-3691 Filed 2-7-75; 8 :45 am ] In adchtion, the cost of postage and any [FB Doc.75-3683 Piled 2-7-75; 8:45 am]

FEDERAL REGISTER, VOL 40, NO. 28— MONDAY, FEBRUARY 10, 1975 6213

notices This section of the FEDERAL REGISTER contains documents othe r 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 DEFENSE in systems/equipment design and acqui­ WAGE COMMITTEE sition. Closed Meetings Department of the Navy At this meeting, the Task Force will Pursuant to the provisions of section CHIEF OF NAVAL OPERATIONS evaluate the impact on acquisition costs 10 of Pub. L. 92-463, effective January 5, EXECUTIVE PANEL of Military Specification MIL-D-1000, 1973, notice is hereby given that meet­ Rescheduled Advisory Committee Meeting Drawings, Engineering and Associated ings of the Department of Defense Wage Lists; review environmental and reli­ Committee will be held on: Pursuant to the provisions of the Fed­ ability specifications with a view toward eral Advisory Committee Act (5 UJ3.C. consolidation and removing specification Tuesday, M arch 4, 1975 App. I ) , notice is hereby given that the tiering; discuss, critique and offer alter­ Tuesday, M arch If, 1975 Chief of Naval Operations Executive Tuesday, M arch 18, 1975 natives to the DoD feedback process as Tuesday, M arch 25, 1975 Panel Advisory Committee will hold a it pertains to specifications and stand­ closed meeting on March 4 and 5, 1975, ards; discuss and recommend actions These meetings will convene at 9:45 at the Naval Intelligence Support Cen­ aimed at the. tailoring of specifications; a.m. and will be held in Room IE-801, ter, Suitland, Maryland. The session will discuss specification relationships be­ The Pentagon, Washington, D.C. commence at 9 a.m. and terminate at tween prime and subcontractors, and The Committee’s primary responsibil­ 5:30 p.m. discuss and review other pertinent and ity is to consider and make recommenda­ The agenda will consist of matters related subjects as may come before the tions to the Assistant Secretary of De­ which are classified in the interest of group. fense (Manpower and Reserve Affairs) national security, including intelligence Due to the limited time and space on all matters involved in the develop­ systems and applications, weapons and availability, it is requested that persons ment and authorization of wage sched­ ship design, and long-range Navy plans interested in attending the DSB Task ules for Federal prevailing rate employees and policy. For that reason, the Secre­ pursuant to Pub. L. 92-392. tary of the Navy has determined in writ­ Force meeting provide written notice to the address listed below by February 14, At these scheduled meetings, the Com­ ing that meetings of the Chief of Naval mittee will consider wage survey specifi­ Operations Executive Panel Advisory 1975. Notice should include information cations, wage survey data, local reports Committee should be closed to the pub­ with respect to interest and degree of and recommendations, statistical analy­ lic because they are concerned with mat­ participation. ses and proposed pay schedules derived ters listed in section 552(b) of Title 5, Mr. Lester Fox, Director, Defense Materiel therefrom. United States Code. Specifications and Standards Office, Under the provisions of section 10(d) The above meeting has been scheduled Cameron Station, of Pub. L. 92-463, the Assistant Secretary in lieu of the one previously announced Alexandria, Virginia 22314. of Defense (Manpower and Reserve Af­ to take place on February 6 and 7, 1975. Telephone inquiries may also be made fairs) has determined that these meet­ to Mr. Fox at (292) 274-7061. ings will be closed to the public because Dated: February 3, 1975. the matters considered are related to the H. B. R obertson, Jr., M aurice W . R o c h e, internal personnel rules and practices of Rear Admiral, JAGC, U.S. Navy Director, Correspondence and the Department of Defense (5 U.S.C. 552 Acting Judge Advocate General. Directives, OASD (Comptrol­ (b) (2) ) and the wage survey data con­ ler). [PR Doc.75-3669 Filed 2-7-75:8:45 am] sidered by the Committee have been ob­ F ebruary 5, 1975. tained from private industry with the guarantee of confidentiality (5 U.S.C. 552 Office of the Secretary. [FR Doc.75-3624 Filed 2-7-75; 8 :45 am ] (b )(4)). DEFENSE SCIENCE BOARD TASK FORCE However, members of the public who ON SPECIFICATIONS AND STANDARDS UDR&E HIGH ENERGY LASER REVIEW may wish to do so, are invited to submit IMPROVEMENT GROUP, LASER HARDENED MATERIALS material in writing to the Chairman con­ AND STRUCTURES SUBPANEI. cerning matters felt to be deserving of Advisory Committee Meeting the Committee’s attention. Additional Pursuant to the provisions of Pub. L. Closed Meetings information concerning these meetings 92-463, effective January 5, 1973, notice Pursuant to the provisions of section may be obtained by contacting the Chair­ is hereby given that the Defense Science 10 of Pub. L. 92-463, dated October 6, man, Department of Defense Wage Com­ Board Task Force on “Specifications and 1972, notice is hereby given that closed mittee, Room 3D-281, The Pentagon, Standards Improvement” will meet in meetings of the DDR&E High Energy Washington, D.C. open session on Friday and Saturday M aurice W. R o c h e, 21-22 February 1975 at Hughes Aircraft, Laser Review Group, Laser Hardened Director, Correspondence and Building 373, Room 9567, El Segundo, Materials and Structures Subpanel will California. Directives, OASD(C). be held starting at 0830 on Tuesday and F ebruary 4, 1975. The mission of the Defense Science Wednesday, March 4 and 5, 1975, at Board is to advise the Secretary of De­ [FR Doc.75-3623 Filed 2-7-75:8:45 am] fense and Director of Defense Research Wright-Patterson Air Force Base, Ohio. The subject matter of the meetings is and Engineering on overall research and DEPARTMENT OF THE INTERIOR engineering and to provide long range classified in accordance with subpara­ guidance in these areas to the Depart­ graph (1) of section 552(b) of Title 5 of Bureau of Land Management ment of Defense. the U.S. Code. [ES 11020] FLORIDA The primary responsibility of the Task M aurice W . R o che, Force is to provide an evaluation of Director, Correspondence and Amendment to Notice of Filing of Fiat of current DoD Specifications and Stand­ Directives OASD (.Comptroller). Survey ards and the related DoD organization, J anuary 81, 1975. system and procedures to serve as a basis F ebruary 5,1975. In FR Document 74-28542 appearing for DoD policy decisions to reduce costs [FR Doc.75-3643 Filed 2-7-75:8:45 am] on page 42698 in the issue for Friday,

FEDERAL REGISTER, VOL. 40, NO . 28— M O NDAY, FEBRUARY 10, 1975 6214 NOTICES

December 6, 1974, there appeared an percent will be charged for delinquent for Telephone Facilities,” published in amendment of the notice of filing of the payments on consignment and track the F ederal R eg ister, September 16, plat of survey for islands and omitted grain sales from the date of sale to the 1974, (39 FR 33228-33229) notice is here­ lands in T. 16 S., R. 28 E., Tallahassee date payment is received.” by given that the Administrator of REA Meridian, Volusia County, Florida. The 2. The provisions of section 29 entitledwill consider providing a guarantee sup­ last paragraph of that notice of amend­ “Butter-Unrestricted Use Sales” pub­ ported by the full faith and credit of ment should read: lished in 39 FR 32042 as amended in 40 the United States of America for a loan The total land area encompassed by FR 3020 are deleted. in the approximate amount of $5,950,- the survey is over 50 percent swamp in Effective date: 2:30 p.m. January 31, 000 to Sierra Telephone Company, Inc., character within the interpretation of 1975. Oakhurst, California. The loan funds the Swamp Land Act of September 28, will be used to finance the construction 1850. Title to these lands inured to the Signed at Washington, D.C., on Feb­ of facilities to extend telephone service State of Florida as of that date, and ruary 4, 1975. to new subscribers, and improve tele­ these lands are, therefore, open only to G le n n A. W e ir , phone service for existing subscribers. selection by the State under that Act. Acting Executive Vice President, Legally organized lending agencies Commodity Credit Corporation. L o w el l J . U dy, capable of making, holding and servicing Director, Eastern States. [FR Doc.75-3692 Filed 2-7-75;8:45 am] the loan proposed to be guaranteed may obtain information and details of the [FR Doc.75-3675 Filed 2-7-75; 8 :45 am] ¡proposed project from Mr. Harry H. Animal and Plant Health Inspection Baker, Jr., President, Sierra Telephone Service Bureau of Reclamation Co., Inc., P.O. Box 219, Oakhurst, Cali­ IMPORTED FIRE ANT COOPERATIVE FED­ fornia 93644. ? WESTERN GASIFICATION CO. ERAL-STATE CONTROL AND REGULA­ To assure consideration, proposals Supplement on Dates of Public Hearings TORY PROGRAM must be submitted on or before March on Draft Environmental Statement Availability of Addendum to Environmental 12, 1975 to Mr. Harry H. Baker, Jr. The The public hearings, as announced in Impact Statement right is reserved to give such considera­ the F ederal R egister on Friday, Febru­ Pursuant to the National Environmen­ tion and make such evaluation or other ary 7, 1975 (40 FR 5799), on the draft tal Policy Act (Pub. L. 91-190, (42 U.S.C. disposition of all proposals received, as environmental statement for the pro­ 4321, et seq.)) and Executive Order 11514 Sierra Telephone Co., Inc., and REA posed WESCO Coal Gasification Project (35 FR 4247) of March 7, 1970, in pro­ and expansion of the Navajo Mine by deem appropriate. Prospective lenders viding timely public information on Fed­ are advised that it is anticipated that Utah International, Inc. (INT DES 74- eral plans and programs with environ­ 107), scheduled for March 11, 1975, in mental impact, notice is hereby given of financing for this project will be avail­ Window Rock, Arizona, and March 12, the public availability of an addendum to able from the Federal Financing Bank 1975, in Farmington, New Mexico, are the Environmental Impact Statement on under a standing loan commitment revised as follows in order to allow ad­ the Imported Fire Ant Cooperative Fed­ agreement with the Rural Electrification ditional time for the hearings in Window eral-State Control and Regulatory Pro­ Administration. Rock. The public hearings will be held in gram (USDA-APHIS-ADM—73—2). Window Rock, Arizona, at the Window Copies of the proposed REA Bulletin Copies of the addendum have been fur­ 320—22 are available from the Director, Rock Civic Center on March 11 and 12, nished to the Council on Environmental 1975, and in Farmington, New Mexico, Quality and to those agencies, organiza­ Information Services Division, Rural at the City Council Meeting Room, 800 tions, and individuals who submitted Electrification Administration, U.S. De­ Municipal Drive, on March 13, 1975, to comments on the draft of said statement. partment of' Agriculture, Washington, receive views and comments from inter­ ested organizations or individuals relat­ Copies of the addendum may be ob­ D.C.20250. ing to the environmental impacts of this tained or examined at any of the follow­ Dated at Washington, D.C., this 3rd project. All hearings will be held from ing locations: day of February, 1975. 10 a.m. to 12 Noon, from 1:30 p.m. to Deputy Administrator, Plant protection and 5 p.m. and from 7 p.m. to 10 p.m. All other Quarantine Programs, Animal and Plant D avid A. H a m il, inforlnatlon in the referenced notice re­ Health Inspection Service, U.S. Department Administrator, mains as published on February 7, 1975. of Agriculture, 14th and Independence Rural Electrification Administration. Avenue, Room 302-E, Washington, D.C. [FR Doc.75-8631 Filed 2-7-75;8:45 am] The Bureau of Reclamation regrets the 20250. uncontrollable circumstances which de­ Director, Southeastern Region, PPQ, APHIS, layed the submission of this document U.S. Department of Agriculture, 3505 25th DEPARTMENT OF COMMERCE Avenue, P.O. Box 989, Gulfport, MS 39501. for publication. SOUTHERN OHIO BANK Dated: February 7,1975. Director, South Central Region, PPQ, APHIS, U.S. Department of Agriculture, 2100 Boca Approval of Applicant as Trustee E . F . S ullivan, Chlca Boulevard, Suite 400, Brownsville, Notice is hereby given that The South­ Acting Commissioner TX 78520. of Reclamation. ern Ohio Bank, with offices at 515 Main Done at Washington, D.C., this 4th day Street, Cincinnati, Ohio, has been ap­ [FR Doc.75-3832 Filed 2-7-75;9:28 am] of February 1975. proved as Trustee pursuant to Pub. L. J ames O. L e e , Jr., 89-346 and 46 CFR 221.21-221.30. DEPARTMENT OF AGRICULTURE Acting Deputy Administrator, Plant Protection and Quaran- , Dated: January 20, 1975. Commodity Credit Corporation tine Programs. B urt K y l e , [Amendment 7] [FR Doc.76-3628 Filed 2-7-75; 8:46 am] Director, SALES OF CERTAIN COMMODITIES Office of Domestic Shipping. Monthly Sales List Rural Electrification Administration [FR Doc.75-3694 Filed 2-7-75;8 :45 am] The CCC Monthly Sales List for the SIERRA TELEPHONE CO., INC. fiscal year ending June 30, 1975, pub­ TANKER CONSTRUCTION PROGRAM lished in 39 FR 24684 is amended as fol­ Proposed Loan Guarantee lows: Under the authority of Pub. L. 93-32 • Revisions of Section 70 of the Standard (87 Stat. 65) and in conformance with Specifications for Merchant Ship Con­ 1. The last sentence of section 1(b) struction entitled “General” published in 39 FR applicable agency policies and proce­ 24684 as amended in 39 FR 43413 is re­ dures as set forth in the proposed REA Pursuant to the Final Opinion and vised to read as follows: “Interest at 10% Bulletin 320-22, “Guarantee of Loans Order of the Maritime Subsidy Board in

FEDERAL REGISTER, V O L 40, NO. 28— M ONDAY, FEBRUARY TO, 1975 NOTICES 6215

Docket A-75 (served August 30, 1973), to protect and enhance the quaUty of the “Load-on-Top”; or, (3) discharged ashore notice is hereby given that the following marine environment from ship-generated to a reception and treatment facility. revisions to section 70 of the Standard pollutants, such as oil, sewage, garbage and (3) Vessels shall be fitted with slop tanks smoke. having a capacity to retain on board all oily Specifications for Merchant Ship Con­ (b) AU vessels shall be so equipped and wastes and oily bilge slops that may accum­ struction have been adopted by the Mari­ operated as to prevent the discharge of oil ulate while operating in the navigable waters time Subsidy Board: into or upon the navigable waters of the of the United States. (1) Revise Article 4(c) (3, (d), and (e) United States, adjoining shorelines and wa­ (b) General Cargo Vessel. to require a new standard for oil content ters of the Contiguous Zone in such quan­ A 100 percent segregated ballast system meters and oily water separators (15 tities as to cause a film or sheen upon or shall be provided for ballasting and debal­ ppm). discoloration of the surface of the water or lasting of the designated segregated ballast (2) Add a clarifying sentence to Ar­ upon adjoining shorelines. (Implementation tanks in order to maintain the vessel’s sta­ ticle 2 for emergency cargo transfer to of section 11 of the “Water Quality Improve­ bility characteristic in accordance with the permit a reduction in the calculated oil m en t Act of 1970” as published in th e Federal damaged stability requirements presented in R egister of Septem ber 11, 1970.) ' section 1 for one compartment flooding with­ outflow in the case of bottom damage. (c) All vessels ¡equipped with toilets and out the use of oily ballast in the fuel or (3) Revise Article 4(c) to permit re­ urinals shall be provided with marine san­ liquid cargo tanks. Means shall be provided circulation as an alternative to requiring itation devices designed to prevent the dis­ for both direct sea flooding and pump dis­ automatic oil/water separator shutdown charge of untreated or inadequately treated charge to the segregated ballast tanks. The in the event of high oil content. sewage into or upon the navigable waters system shall be served by a clean ballast (4) Revise Article 4(f) to standardize of the United States. (Implementation of pump with standby service from a bilge and shore connections to meet IMCO and section 13 of the “Water Quality Improve­ ballast pump or a general service or bilge USCG requirements. m en t Act of 1970” as published in th e F ederal pum p. Register of Ju n e 23, 1972.) At no time shall ballast water be placed (5) Add a clarifying sentence to Article 2. Cargo Oil Tanks on Tank Vessels: The in fuel tanks or cargo oil tanks. 4(e) indicating alternative designs that size and arrangement of cargo tanks shall Remote liquid level indicators shall be may be used in the bilge and ballasting be such as to limit the oil outflow from tanks provided at the ballast control station for all system of tank vessels. assumed to be breached by collision or segregated ballast tanks. (6) Add a clarifying sentence to Article grounding to a value of 30,000 cubic meters (c) Tank Vessels.. 6(a) indicating design alternatives for or 400 times the cube root of the deadweight Tank vessels shall be designed to meet one sewage treatment plant. 400 DWT, which ever is larger, but in no of the three design alternatives described (7) Substitute in Article 7 known stack case exceeding 40,000 cubic meters. The oil below: outflow shall be calculated in accordance (1) All tank vessels shall be designed to emission purity standards for the pres­ with the Intergovernmental Maritime Con­ allow for deballasting and tank cleaning ently required Environmental Protec­ sultative Organization (IMCO) Resolution operations by means of the "Load-on-Top** tion Agency standards since there are no A. 246(VII) adopted 15 October 1971 by method. The method shall allow the oily bal­ Environmental Protection standards for IMCO Assembly. Credit may be taken for last and tank washings to be pumped to a stack emissions at present. reduction in oil outflow in case of bottom designated slop tank or tanks. All decanted (8) Add a new Article 8 detailing inert damage when a cargo transfer system is in­ ballast water discharged overboard shall not gas system requirements to comply with stalled as prescribed in Article 3(c). contain oil in excess of the maximum limits Docket A-75. 3. Cargo Piping Systems on Tank Vessels: prescribed for the receiving waters. (a) Remote shut-down of all main cargo (2) All tank vessels not equipped to handle (9) Add a new Article 9 to reference pumps shall be provided at the loading and deballasting and tank cleaning operations by the collision avoidance radar system re­ discharge manifold on the deck, port and the Loand-on-Top method shall be designed quired by Docket A-75. starboard, and at the centralized cargo con­ for segregated ballast operation. In such cases Further, the following revisions to sec­ trol station. sufficient tankage for all weather operations tion 70 were adopted by the Board as a (b) Quick closing valves with means of in ballast condition shall be assigned ex­ result of comments received pursuant to local Control shall be fitted at the loading clusively for segregated ballast. notice by the Board’s proposed revisions and discharge manifold. (3) Alternatively, an effective oil/water to section 70, published in the F ederal (c) To reduce the calculated oil outflow separator system of full flow capacity equiva­ due to grounding, an emergecny cargo trans­ R egister of July 29, 1974 (39 FR 27483): lent to at least one main cargo oil pump shall fer system may be installed having a high be installed with automatic shut-down or (10) Retitle Article 4 to read “Bilge, suction in each cargo tank, and capable of recirculation of effluent when the oil content Ballast and Cargo/Ballast Systems” in­ transferring cargo oil from a breached tank of the effluent exceeds 15 ppm. (See Article stead of “Bilge and Ballast Systems.” to any other segregated ballast tanks or other 1(b )). (11) Revise the wording of paragraph available cargo tanks. The pipes for the emer­ (d) Oily W ater Separators. 4(a) (1) to clarify the intent of that sub­ gency suction should be installed at a point Approved separators installed in the bilge section. 3m (10 feet) below the load waterline, but and ballast system shall be capable of pro­ (12) Include in the first paragraph of not less than 6m (20 feet) from the bottom ducing an effluent containing not more than Article 6(c) requirements for holding of the tank. Manual control of these valves 15 ppm . (See Article 1 (b )). shall be provided on the deck as well as re­ (e) Oil C ontent M eters. tanks for grey water. mote control from the centralized control An oil content meter shall be Installed in Section 70 of the Maritime Adminis­ station. The requirements of this paragraph each bilge, oily ballast and tank washing tration Standard Specifications consoli­ are not mandatory, except when this cargo overboard discharge line. The oil content dates all pollution abatement features of transfer system is used to reduce the cal­ meter shall be fitted with an alarm device cargo and tanker construction and oper­ culation for oil outflow. (By the use of this set at a preset valve to shut-down the pump ation to control oil, sewage and air pol­ system larger tanks may be used.) or operate an appropriate valve in the dis­ lution. A complete text of the revised (d) Means shall be provided to contain charge line to recirculate the flow automati­ section 70 is published herein as an at­ any oil spillage around each oil loading and cally when the oil content in the overboard discharge manifold and oil transfer con­ discharge exceeds 15 ppm. The meter will be tachment tc this notice. nection area. considered as meeting this standard of 15 Dated: February 5,1975. 4. Bilge Ballast Systems and Cargo/Ballast ppm if the standard can be met in certified Systems: (a) General. laboratory tests. (See Article 1(b)). By .Order of the Maritime Subsidy (f) Shore Connection. (1) All bilge and ballast systems shall be Board, so arranged as to assure that all oily bilge Discharge stations shall be fitted for'the J ames S. D aw son, Jr., bilge and ballast system on the main deck, Secretary, Maritime Subsidy Board. or ballast water will be discharged either port and starboard, to enable oily bilge and overboard, through an approved oily water ballast water to be piped to shore facilities. Standard Specification for Merchant separator, or directly into a designated slop Remote control of the bilge and ballast S h ip Construction tank which decants the effluent to 15 ppm pumps shall be provided at the discharge or to a shore ballast reception and treatment stations on the main deck. SECTION 70: POLLUTION ABATEMENT s y s t e m s facility. AND EQUIPMENT To enable flexible piping at shore recep­ (2) Cargo/ballast systems on tank vessels tion facilities to be connected with the ships 1. General (a) It Is the general intent ofshall be so arranged to Insure that oily bal­ discharge pipe lines for residues from this section to specify appropriate pollution last water or tank washings are: ( 1) decanted machinery bilges, both lines shall be fitted control measures to be taken in the design or discharged overboard via an appropriate with a standard discharge connection in ac­ and operation of all merchant ships in order oil content meter; (2 ) retained on board for cordance with the following table:

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 6216 NOTICES

Standard dimensions of flanges for discharge connections Central Control Console. A recorder shall be coordinated with the smoke intensity alarm Description: Dim ension to record the duration of pollution above the Outside diameter_____ 215 m m (8% in.) • standards established by Article 7(a) above. Inner diameter______According to pipe outside diameter. 8. In e rt Gas System s: All tankers over 100,- Bolt circle diameter._183 m m (7%e in .). 000 DWT and having tank sizes greater than Slots in flange______6 holes 22 mm ( % in.) in diameter equi-distantly placed on a 10,000 cubic meters shall be equipped with an bolt circle of the above diameter, slotted to the flange periph­ approved Inert gas system to prevent tanker ery. The slot width to be 22 mm ( % in.). casualties from fire and explosion. Flange thickness______20 m m (% in.) 9. Collision Avoidance Radar: All tankers Bolts and nuts: must be equipped with a collision avoidance Quantity, diameter_6, each of 20 mm (% in.) in diameter and of suitable length. radar system which complies with the re­ quirements of § 94.4 of this specification. The tanks shall be equipped with man­ The flange is designed to accept pipes up [FR Doc.75-3693 Filed 2-7-75;8:45 am] to a maximum internal diameter of 125 mm holes, air vents to the weather deck, an over­ (5 in.) and shall be of steel or other equiva­ flow to the sea above the deep load water lent material having a flat face. This flange, line, and all necessary piping connections. National Oceanic and Atmospheric together with a gasket of oilproof material, All air vents that terminate above the shall be suitable for a service pressure of weather deck shall be located where odors Administration 6 k g /c m 3 (85 PSI) will not be objectionable. DRAFT ENVIRONMENTAL IMPACT The steel materials used shall meet the Sufficient air shall be supplied to the sew­ STATEMENT material specifications of standard B 16.5 age holding tank in order to prevent the Steel Pipe Flanges and Flanged Fittings of contents from becoming anaerobic and to Public Hearing the American National Standards Institute keep the solids in suspension. A pressure In accordance with section 1500.7 of (ANSI). regulator and shut-off valve shall be pro­ the Council on Environmental Quality (g) Overboard Discharge Piping. vided to control the air flow into the tank. Overboard discharge piping from oily/wa- The capacity of air required shall not be less Guidelines issued pursuant to the Na­ ter separators and “Load-on-Top” operation than .7 cubic meters (25 CFM) at 34 kPa (5 tional Environmental Policy Act of 1969, shall be fitted with at least two shut-off psig) per 28 m 3 (1000 ft.3) tank capacity. and in compliance with Department Ad­ valves as close to the shell as possible. Each holding tank shall be fitted with a ministrative Order 216-6, the Commerce 5. Fuel Oil System: All overflow piping in floatless type level indicator and a separate Department’s National Oceanic and At­ the fuel oil system discharging overboard high level alarm. The remote level indica­ mospheric Administration (NOAA) will shall be fitted with an alarm with indicators tors and alarm annunciators shall be placed hold a public hearing on the Draft En­ at the filling station and control console. on the engine room control console. The level vironmental Impact Statement for the 6. Sewage Treatment and Liquid Waste control electrodes should not be in direct proposed NOAA Western Regional Head­ Disposal Systems: (a) General. contact with sewage and the unit should be Any vessel equipped with toilets, showers, arranged for easy access and maintenance. quarters Facility. The hearing will begin lavatories, laundries or a galley shall be pro­ On vessels where the engine room is aft, at 10 a.m. on Saturday, February 22, vided with suitably sized holding tanks to or where it is impractical to have the sew­ 1975, at the View Ridge Elementary retain the sewage and liquid waste while age system distributed throughout the ship, School, 7047 50th Avenue Northeast, Se­ in port or in restricted waters. . In lieu of a holding tank or a small independent sew­ attle, Washington. The purpose of the holding tanks an approved sewage treat­ age treatment system shall be provided for hearing is to receive comments on the ment plant which will meet the requirements the engine room toilets and lavatory drains. Draft Environmental Impact Statement of the U.S. Coast Guard may be provided to Provisions shall be made for the use of for the proposed NOAA Facility at Sand handle h u m an wastes. water and steam for tank cleaning purposes. (b) Sewage Treatment Plant. (d) Piping. Point and to answer questions related to The design and operation of the sewage All liquid wastes from urinals, toilets, the development. treatment plants shall meet the standards of Showers, lavatories and laundries shall be led Hèaring presentations should, if pos­ the Environmental Protection Agency and to the sewage treatment tank. Sewage drains sible, include written comments summar­ U.S. Coast Guard. shall be led to the treatment plant or holding izing the substance of the presentation. Where sewage treatment plants are used tank independent of other drains. Shore Those wishing to submit such comments to handle human body wastes only, holding connections fitted with 102 mm (4" pipe) prior to the hearing may address them to tanks shall also be provided to handle other shall be located on the main deck, port and the Northwest Administrative Service wastes (grey water). starboard, to enable sewage and liquid waste The marine sanitation device shall be ca­ to be pumped to shore facilities. Office, NOAA; 1700 Westlake North, pable of discharging to dockside facilities. (e) Pum ps. Seattle, Washington 98109. Inquiries con­ Provisions shall be made to facilitate internal cerning the hearing should be directed cleaning. Each sewage system shall be equipped with to the Sand Point Coordinator,. NOAA, at tw o (2) sewage pumps connected in parallel. (c) Holding Tanks. The pumps shall take suction from the hold­ the same address, phone: (206) 442-1703. When provided, holding tanks shall be of ing tanks or sewage treatment plant and Copies of the Draft Environmental Im­ sufficient capacity to retain all accumulated shall be capable of discharging overboard in­ pact Statement may be picked up at the drains from urinals, toilets, showers, lava­ dependently of other drain lines and to the Northwest Administrative Service Office tories, laundries and galleys and shall be shore connection. The sewage pumps shall after January 30th. capable of holding 56 cubic meters (15,000 be of the non-clog marine type, suitable for The length of individual presentations gallons) of accumulated sewage and liquid handling raw sewage and either sea or fresh wastes, or have a five day capacity based water as required. «- may be limited to ten minutes by the on the total ship complement at .26 cubic 7. Stack Emission, (a) General. hearing officer, depending upon the num­ meters (70 gallons) /day/person. When us­ All stack emissions shall meet the air ber of presentations to be heard, in order ing recirculation or vacuum flush systems, purity standards established by the ports to allow sufficient time for all presenta- holding capacity for these low flow systems of call of the vessel, the standards of the will be based on individual system require­ San Francisco Bay Area or the. standards of tibns. Comments from government rep­ ments. Holding tanks for “grey” water, where New York City, whichever are most restric­ resentatives will be heard in the morn­ no sewage solids are discharged into the tive for the operation intended. ing, the remaining groups and individuals tank, shall only be fitted with manholes, air (b) Smoke Indicator. vents to the weather deck, an overflow to the in the afternoon, A question and discus­ sea above the deen water line, and all neces­ Each boiler shall be equipped with a com­ bination visual-photo-electric smoke indi­ sion pérlod will follow the conclusion of sary piping connections. When organic solids cator which shall clearly indicate the ab­ the formal presentations. Dale C. Gough, are discharged into the tank, air shall be sence or presence of smoke. The Indicator Administrative Service Office Director, supplied, to the tank to keep solids in shall be provided with an alarm which actu­ suspension. ates when the smoke intensity exceeds the will convene and conduct the hearing. Each tank shall be fitted with means to value established by Articla 7(a) above. The R obert L. Carnahan, discharge to dockside facilities. indicator shall be provided with an auto- Acting Assistant Administrator Provision shall be made to prevent the semi-auto pressurized lens cleaning system for Administration. accumulation of noxious and explosive gases to insure cleanliness of the lens. The indi­ in the holding tanks and vents. cator shall be visible in the vicinity of the [FR Doc.75-3668 Filed 2-7-75;8:45 am]

FEDERAL REGISTER, V O L 40, NO . 28— M O N D AY , FEBRUARY 10, 1975 NOTICES 6217

NEW YORK BIGHT MESA ADVISORY and Panel members for' their Applications will not be accepted after COMMUTEE consideration. 4 p.m. on the closing date. Public Meeting R. L. C arnahan, C. Program information and forms. Acting Assistant Administrator Information and application forms may Pursuant to section 10(a)(2) of 5 for Administration. be obtained from the Division of Follow U.S.C. App. I and section 8(b) of Office (FR Doc.75-3618 Filed 2-7-75;8:45 amj Through, Bureau of School Systems, Of­ of Management and Budget Circular No. fice of Education, Room 3636, 7th and A-63 (March 27, 1974), the National D Streets SW., Washington, D.C. 20202. Oceanic and Atmospheric Administration DEPARTMENT OF HEALTH, D. Enactment of Pub. L. 93-644. Ap­ announces the New York Bight MESA EDUCATION, AND WELFARE plicants have constructive notice of the Advisory Committee meeting scheduled Office of Education amendments to the Economic Oppor­ for March 11, 1975, in Stony Brook, New tunity Act affecting Follow Through York. SPECIAL COMMUNITY SERVICE AND which were enacted by section 8(a) of Agenda CONTINUING EDUCATION PROJECTS Pub. L. 93-644 (the ‘‘Community Serv­ 9:30 a.m.—Greeting: Dr. R. L. Swanson, Closing Date for Receipt of Applications ices Act”) on January 4, 1975. Among Project Manager and Panel Chairman. the changes made by those amendments 9:45 a.m.—The Implications of Ocean Notice is hereby given that pursuant to are : extension of the legislative authority Dumping from a Biological Standpoint: Dr. the authority contained in title V, parts B Kneeland McNulty. and C of the Economic Opportunity Act, for Follow Through through fiscal year 10:15 a.m.—The Implications of Ocean as amended, applications are being ac­ 1977, transfer of legislative authority for Dumping from a Chemical Standpoint: Dr. cepted for Follow Through grants or con­ the administration of Follow Through Douglas Segar. tracts in the following three categories: from the Director of the Office of Eco­ 10:45 a.m.—Break. (1) non-competing continuation grants nomic Opportunity to the Secretary of 11 a.m.—Questions and Discussion. Health, Education, and Welfare, and 11:30 a.m.—Environmental Protection or contracts for carrying out Follow Agency Presentation. Through programs, (2) non-competing elimination of statutory geographic al­ 12 noon—Lunch. grants or contracts for research and lotment criteria applicable to Follow 1 p.m.—Recommendations to the Commit­ demonstration, and (3) grants or con­ Through. tee from the Scientific and Technical Ad­ tracts for technical assistance to Follow E. Applicable regulations. Regulations visory Panel. Through programs. for the Follow Through program were 1:45 p.m.—Recommendations to the Com­ In order to be assured of consideration published as Notice of Proposed Rule mittee from the User Information Advisory for funding from appropriations for Fis­ Making, March 5, 1974 (39 FR 8341). A Panel. permanent final regulation, to be pub­ 2:30 p.m.—Break. cal Year 1975, applications for projects 2:45 p.m.—Recommendations to the Com­ under the fii^t two categories listed above lished and to be effective before the end mittee from the Citizens and Industrial Ad­ should be received by the U.S. Office of of the current fiscal year, will govern visory Panel. Education Application Control Center on the Follow Through program. Other reg­ 3:30 p.m.—Framing of Advisory Committee or before March 10,1975. ulations applicable to this program are Recommendations. All other applications must be received contained in the Office of Education Gen­ 4:30 p.m.—Adjournment. by the U.S. Office of Education Applica­ eral Provisions Regulations (45 CFR Agenda items are subject,to change as tion Control Center on or before March Part 100a). priorities dictate. 10,1975. F. Funding criteria. Projects for Fol­ Interested persons are invited to attend A. Applications sent by mail. An appli­ low Through grants will be funded ac­ and to submit written statements before cation sent by mail should be addressed cording to criteria set forth in §§ 158.15, or after the meeting or by mailing such as follows: U.S. Office of Education, Ap­ 158.42, and 158.52 of the Notice of Pro­ statements within five days after the date plication Control Center, 400 Maryland posed Rule Making published in the of the meeting to: Executive Secretory, Avenue SW., Washington, D.C. 20202, F ederal R egister for the Follow Through New York pight MESA Advisory Com­ Attention: 13.433, An application sent by program on March 5, 1974 (39 FR 8341). mittee, MESA Project Office, Building mail will be considered to be received on It is anticipated that a permanent final J—Room 121, State University of New time by the Application Control Center regulation for the Follow Through pro­ York, Stony Brook, New York, 11794. if: gram, to be published and to become Interested persons will be permitted to (1) The application was sent by regis­ effective before the end of the current make oral statements to each Panel tered or certified mail not later than fiscal year, will contain funding criteria during thè period reserved for questions March 5, 1975, as evidenced by the U.S. essentially the same as those published and discussion, subject to the procedures Postal Service postmark on the wrapper in the Notice of Proposed Rule Making. which follow. Persons must register with or envelope, or on the original receipt G. Separate Identification of Cost of the Panel meeting rapporteur, prior to from the U.S. Postal Service; or Entering Grades. Applicants for Follow the start of the meeting, in the Panel (2) The application is received on or Through grants under section 551(a) of meeting room and provide their name, before the closing date by either the De­ the Economic Opportunity Act as amend­ legal address, a list of any affiliations partment of Health, Education, and Wel­ ed (grants to local agencies and other relevant to the topic (s) to be addressed, fare, or the Office of Education mail organizations for the purpose of carry­ and a brief, written description of their rooms in Washington, D.C. (In estab­ ing out Follow Through programs) are proposed topic (s). Because of limited lishing the date of receipt, the Commis­ requested to submit with their applica­ time available, it may be necessary to sioner will rely on the time-date stamp tions a budget which separately identi­ limit the number of persons permitted to of such mail rooms or other documen­ fies, to the extent possible, the cost of speak to five, to limit the length of oral tary evidence of receipt maintained by the entry grade so as to facilitate ad­ statements to no more than five minutes the Department of ‘Health, Education, justments due to limitations on available each, and to give preference to indi­ and Welfare, or the Office of Education). funds. B. -Hand delivered applications. An viduals based upon the relevance of application to be hand delivered must be' (Catalog of Federal Domestic Assistance No. their proposed topic(s), as judged by the taken to the U.S. Office of Education' 13.433; Follow Through) Panel Chairman. The submission of Application Control Center, Room 5673, (Title V, Parts B and C of the Economic written versions or oral statements Regional Office Building Three, 7th and Opportunity Act as amended (Pub. L. 93- within five days after the date of the D Streets SW., Washington, D.C. Hand 644, section 8 (a) ). meeting to the address. above is en­ delivered applications will be accepted Dated: February 3,1975. couraged. All statements received in daily between the hours of 8 a.m. and T. H. Bell, typewritten form will be forwarded with 4 p.m. Washington, D.C. time except Sat­ U.S. Commissioner of Education, the minutes of tire meeting to Committee urdays, Sundays, or Federal holidays. [FR Doc.75-3731 Filed 2-7-75;8:45 am j

FEDERAL REGISTER, VOL. 40, NO . 28— M O NDAY, FEBRUARY 10, 1975 6218 NOTICES

DEPARTMENT OF must have been amended so that it does prior to departure. The cancellation TRANSPORTATION not have the effect of requiring, or pro­ charges, proposed as fixed percentages of viding that a manufacturer is permitted the total charter price, would be set at National Highway Traffic Safely to comply with the standard by means of, 10 percent for cancellation 61 to 89 days Administration a “continuous huzzer” warning system. before departure; 25 percent for cancel­ [Docket No. 74^-39; Notice 04] This means that Standard No. 208 must lations less than 61 days prior to depar­ not specify any “continuous buzzer” as a ture; and 10 percent for caneellations FEDERAL MOTOR VEHICLE SAFETY requirement or as an option after Febru­ at any time if the "canceling charterer STANDARDS ary 24,1975. engages another carrier to perform the Reconsideration of Seat Beit Warning. The NHTSA concludes that these transportation contemplated- in its con­ System Requirements provisions clearly prohibit as a matter of tract with Capitol/ This notice responds to petitions for law the Peugeot and Renault proposals In support of its proposal, Capitol al­ reconsideration of an amendment of 49 to extend until June 3,, 1975, the period leges that the proposed charges are m&re GFR 571.208, Standard No. 208.; Occu­ for use of the present continuous buzzer. favorable to the customer than those of pant crash protection, that established other carriers. It alleges that liquidated Accordingly the petitions of Peugeot and damage cancellation conditions have optional seat belt warning system re­ Renault for such an extension of the quirements until February 24,1975, when been an important consideration for the new optional requirements become present options are denied. agents and chartering organizations pro­ mandatory. The petitions received from (Secs, roar,, 119, Pub. L. 89-563, 8Q Stat 718 posing to contract for charter availabil­ Peugeot, Inc., andl Renault, Ihc., to ex­ (15 U S.C: 1392, 1407); Sec. 109, Putr. L. 93- ity; and that its principal area of opera­ tend the optional period until June 3, 492, 89 S ta t 1470 (15 U.S.C. 1410(b)); delega­ tion is dominated by large wholesalers 1975 C180 days following publication of tion. of authority at 49 CFR 1.51).) who are capable of blocking a very sig­ the final rule), are denied. Issued on. February 3,1975. nificant, proportion of a carrier’s lift cap­ The “Motor Vehicle and, School Bus ability. Capitol further contends that, un­ Safety Amendments of 1974” (15 U.S.C. J ames B. G regory, less a firm commitment is secured by a § 1410(b)) require that, within 120 days Administrator. substantial cancellation penalty, dupli­ of their enactment, Standard No. 208 IFR Do«.75-36Q0 File d 2-7-75; 9; 45 am] cating reservations and space blocking can occur on an indiscriminate basis. Be­ cause of the long lead time required in Hazardous Materials^ Regulation» Board booking charters, this can allegedly create disastrous and last-minute gaps UNION CARBIDE CORP., INC. ET AL. in a carrier’s charter flight program. It Spedai Permits Issued asserts that in some markets a single cancellatiorr may create an open ferry leg Pursuant to Docket No. HM-1, Rule-making procedures of the Hazardous which could add in excess of $25,000 per Materials Regulations Board, issued May 22, 1968 (33 FR 8277) 49 CFR Part 170, flight to the overall cost of operation. following is a list of new DOT Special Permits: upon which Board action was The carrier claims that its business completed during January 1975. experience in the charter market makes it painfully clear that, absent a substan­ Spedai permit Issued to—Subject Mode or modes, of tial cancellation charge, a higher “no No: transportation show” and cancellation fallout rate will develop, as it has in the scheduled air­ SP 6926______Union Carbide Corp., Bound Brook, N.J., to ship a CI&ss B poisonoussolid in a Motor vehicle, line industry, and that this will be se­ six-ply DOT Specification 44D extensible kraft paper bag having a minimum Bail freight, total basis weight of 320 pounds. verely detrimental to the economic via­ BE 6027______Daw' Ghemieal Co,, Midland, Michigan, to ship Mfethyrbromide, liquid; and Cargo vessel,. bility of the low cost charter industry. Methyl' bromide, and chlorpicrin mixture liquid in a nou-DOT specification Motor vehicle, Finally, Capitol alleges that its proposed portable tank having a design pressure of 175 psig and a capacity of 3,567 gallons. ' charges are the minimum necessary to 6P 6949._;____ Monsanto Co.,, St. Louis, Missouri,, to. ship Elemental- phosphorus in marine Cargo vessel, assure that charterers make firm and portable tanks, with external steam coils, each having a design capacity of Motor vehicle, 3,290 gallons. Bail freight. not f nvolous contracts for the company’s BP 6950.____ Ozark-Mahoning Co.,.Tulsa, Oklahoma; to ship Hexafliiorophosphoric acid in Cargo vessel, charter availability. 55-gallon capacity D OTiSpeeification 6D cylindrical steel overpack with an Motor vehicle inside specification 2SL polyethylene container. Maximum net. weight 550, No complaints have been filed. pounds. Upon consideration of the tariff filing BP 6960. —__ _ Shippers registered with the Board, to ship certain; corrosive liquids in non- Motor vehicle, and all other relevant matters, the Board - DOT’Speeification stainless steel drums, tight-head, with rated capacity not Bail freight. eaKjeeding_55»gallons. finds that the proposed charges may be SP 6961--_-__Monsanto St. Louis. Missouri, to ship certain flammable solids in DOT Cargo vessei unjust, unreasonable, unjustly discrimi­ Specification37A steel efrums, authorized far reusexmetime: Motor vehicle, Bail freight. natory, unduly preferential, urrdulyprej- SP 6962______Sandia Laboratories, Albuquerque; N.M., to ship Argon or helium in- DOT- Motor vehicle, udicial, or otherwise unlawful; and Specification 3AA1800or 3AA2000 cylinders forming au integral part of-a leak: Bail freight, transfer standard. Bail express., should bo investigated. The Board has RP ftQfifi, National Aeronautics and Space Administration or the E2 Expeditionary Cargo vessel, also concluded to suspend the proposed Force, to make a onetime shipment of OxygBn ins a limited number of non- Motor vehicle: charges as they would apply in inter­ DOT Specification, seamless, aluminum high-pressune cylinders- reinforced with continuous fibBrglasafilament wlnding embedded in-epoxy resin. state and overseas air transportation pending investigation. As Capitol contends, the Board has Alan L R oberts, permitted carriers to apply flat percent­ Secretary. p m Doc .75-3632 Piled 2-7-75;9t45 am]t age charges for charter cancellations. However, we are not persuaded that the levels here proposed are either necessary CIVIL AERONAUTICS BOARD By tariff revisionsT filed January 10, to accomplish the stated purpose or rea­ [Order 75-2-18, Docket 27471] 1975, for effectiveness February 18, 1975, sonable. The maximum charge generally Capitol International Airways; Inc. applied by charter operators is 10. per­ CAPITOL INTERNATIONAL AIRWAYS, INC. (Capitol) proposes new charges for can­ cent for cancellation within two months Order of Investigation and Suspension cellation of passenger charter contracts Adopted by the Civil Aeronautics *In effect, this latter charge, is applicable Board at. its office in Washington, D.C., 1 Revisions to C apitol’s. Tariff C.A.B. No. only with respect to. cancellations, earlier on the 5th day of February, 1975. 160 (Capitol Airways, Inc. series). than: 89 days prior to departure.

FEDERAL REGISTER, V O L 40, NO. 28— MONDAY, FEBRUARY 10, 1975 NOTICES 6219 of departure, which would appear suffi­ By Order 74-7-63, July 16, 1974, all Minneapolis/St. Paul (Twin Cities) mar­ cient to safeguard against frivolous char­ interested persons were directed to show ket. In support thereof, it is alleged that ter contracts. Capitol has provided no cause why the Board should not amend North Central would be able to mount a data which would indicate that the costs the certificate of public convenience and Bismarck-Twin Cities operation via actually incurred as a result of cancella­ necessity for route 86 held by North Cen­ Grand Forks directly competitive with tion by the charterer warrant charges in tral Airlines so as to realign the carrier’s Northwest’s nonstop, one-stop and two- the magnitude of 25 percent, or even 10 system by consolidating its existing nine stop service via Fargo and/or Jamestown percent when the cancellation occurs segments into one segment and by elim­ (OAG, November 1, 1974) . While North more than two months prior to depar­ inating certain operating restrictions. Central is presently authorized to offer ture. Neither has Capitol advanced any Objections have been filed by United one-stop Bismarck-Twin Cities service basis for imposing a charge, whatever the Air Lines, Northwest Airlines, Frontier over the segment junction points Aber­ level, simply because the charterer en­ Airlines and North Central itself. Replies, deen and Minot, it is argued that the gages a different carrier upon its can­ accompanied by motions for leave to file, greater traffic pool available to support cellation with Capitol. In the absence of were submitted by Allegheny Airlines and service over Grand Forks would induce more explicit information, the Board the Flint, Michigan, Airport Commission. North Central to institute directly com­ concludes that the charges here pro­ Subsequently, North Central moved for petitive service in the Bismarck-Twin posed may constitute an unwarranted leave to reply to the objecting carriers Cities market.* Moreover, it is asserted penalty for the charterer. which prompted United to move for leave that grant of nonstop Bismarck-Grand Accordingly, pursuant to the Federal to file a reply to North Central contin­ Forks authority to North Central would Aviation Act of 1958, as amended, and gent upon the Board’s acceptance of the preclude Northwest, which must stop at particularly sections 204(a), 403,404, and latter’s pleading. We have decided to the bifurcation point, Fargo, from ob­ 1002 thereof. grant the motions of Allegheny and the taining similar authority because of the It is ordered. That: Flint Airport Commission and to accept small size of the market (280 true O&D). 1. An investigation is instituted to de­ their respective replies but to deny the In view of Northwest’s continuing ob­ termine whether the provisions of^rule motion of North Central. Consequently, jection and the fact that the level of No. 44 on 1st Revised Page 13-A of Capi­ United’s contingent motion will be dis­ traffic between Grand Forks and Twin tol International Airways, Inc’s C.A.B. missed as moot. Allegheny and the Flint Cities may induce North Central to pro­ No. 160 (Capitol Airways, Inc., Series) Airport Commission assert—correctly, in vide service directly competitive with and rules, regulations, or practices affect­ our estimation—that North Central, in Northwest’s, we will restrict North Cen­ ing such provisions, are or will be, un­ its statement of objections to Order 74- tral’s one-stop Bismarck-Twin Cities just, unreasonable, unjustly discrimina­ 7-63, raised matters regarding certain authority by excluding Grand Forks as tory, unduly preferential, unduly proju­ markets not previously in controversy in an intermediate stop.4 We will not, how­ dicial, or otherwise unlawful, and, if this realignment. Accordingly, good cause ever, place any restriction upon North found to be unlawful, to determine and is demonstrated for acceptance of the Central’s Bismarck-Grand Forks author­ prescribe the lawful provisions and rules, otherwise unauthorized replies.1 On the ity. The tenor or Northwest’s pleading regulations, and practices affecting such other hand, North Central’s justification suggests that its objection to nonstop provisions in interstate transportation, for receipt of its responsive pleading is authority for North Central in this mar­ the lawful minimum and/or maximum not persiiasive in that it relies upon the ket is lodged primarily to bolster its case provisions in overseas transportation, and fact that the Board provided for replies in favor of a Bismarck-Twin Cities re­ to take appropriate action to prevent the in the Allegheny Route Realignment striction rather than to preserve any fu­ use of such provisions in foreign trans­ order to show cause.2 Nowhere in its mo­ ture rights in this tiny Bismarck-Grand portation; tion does North Central allege that the Forks market itself. We note, in this 2. Pending hearing and decision by the objective carriers have made errors of connection, that Northwest has not di­ Board, the provisions of Rule 44 on 1st fact or raised new matters not previously rected our attention to any pending ap­ Revised Page 13-A of Capitol Interna­ before the Board. In these circumstances, plication or motion to consolidate which tional Airways, Inc.’s C.A.B. No. 160 there is no purpose to be served by bur­ constitutes a necessary predicate for any (Capitol Airways, Inc., series) are sus­ dening the record with further responsive claim to comparative consideration. See pended insofar as they apply to interstate documents. Order 73-5-68, May 11, 1973. Moreover, and overseas air transportation and their Upon consideration of the matters con­ we cannot conclude that the liberaliza­ use deferred to and including May 10, tained in the foregoing pleadings and all tion of North Central’s authority in this 1975, unless otherwise ordered by the the relevant facts, we conclude that the realignment will, as a matter of eco­ Board, and that no changes be made tentative findings and conclusions set nomics, prevent any liberalization of therein during the period of suspension forth in Order 74-7-63 should be made Northwest’s authority at some time in except by order or special permission of final, except to the extent modified the future.* the Board; herein, and that an amended certificate 3. The investigation ordered herein be in the form attached hereto should be * A to ta l of 44,780 tru e O&D passengers assigned for hearing before an Adminis­ issued to North Central. traveled on the routing over Grand Forks as trative Law Judge of the Board at a time opposed to 34,350 over Minot and 29,750 over Objections of Northwest Aberdeen. (Consistent with Order 74-7-63, and place hereafter to be designated; and Northwest has renewed its objections aU O&D figures m entioned herein are for 4. Copies of this order be served upon to grant of nonstop authority in the Bis- th e year ¡ended Septem ber 30, 1973. O&D S u r­ Capitol International Airways, Inc., marck/Mandan (hereinafter Bismarck) - vey, Table 8.) which is hereby made a party to this pro­ Grand Forks market and unrestricted 4 North Central has neither suggested nor ceeding. demonstrated that there is a need for addi­ one-stop authority in the Bismarck- tional service in the market. In this regard, This order will be published in the it may be noted that Northwest provides two F ederal R eg ister. 1 To the extent that the motions of Alle­ nonstops and one two-stop east bound and gheny and the Flint Airport Commission one nonstop and three one-stops westbound; By the Civil Aeronautics Board. rely upon the fact that replies were explicitly in both directions the flights are well spaced authorized by Order 73-10-24, October 4, [seal] E d w in Z. H olland, throughout the day. OAG, November 1, 1973, In the Allegheny Route Realignment, 1974. Secretary. we reject that justification. The Allegheny * The Bismarck-Grand Forks market gener­ (PRDoc.75-3666 Filed 2-7-75;8:45 am] Realignment was substantially more complex ates less than one daily passenger and the and involved decisions by the Board in its size and service in the local market would [Order 75-2-22; Docket 25705] order to show cause that had not been sug­ clearly not be determinative in deciding NORTH CENTRAL AIRLINES, INC. gested by the pleadings. Procedural variations whether or not to modify Northwest’s exist­ authorized in that case were the exception ing authority in the reasonably near future. Application for Realignment of Route 86; rather than the rule. Consequently, the case cited by Northwest Order Amending Certificate * See n. 1, supra. In the Frontier Route Re­ to support its economic preclusion argument alignment order to show cause, Order 73-12- (Remanded Atlanta-Detrolt/Clevéland/Cin- Adopted by the Civil Aeronautics 45, December 11, 1973, which was issued two clnnati Investigation, Docket 20724), which Board at its office in Washington, D.C. months after the Allegheny order, no replies involved competitive service between large on the 5th day of February, 1975. were authorized. hubs, is inapposite.

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 6220 NOÎtCES Objections of Frontier authority is only 3 mites longer than the flight serving Omaha and a United, Frontier has interposed objections to Bismarck-Kansas City nonstop dis­ flight serving a Michigan/Indiana point grant of nonstop authority in the Bis- tance). Therefore, Frontier’s authority would connect somewhere. As United is marck-Kansas City market and unre­ is essentially unusable vis-a-vis North undoubtedly aware, the only published stricted one-stop authority" in the Centralfs so that, in accord with Board connecting schedules commonly5 noticed Denver-Minot market. In support there­ precedent, improvement in- North Cen­ by the Board are those: appearing in the of, Frontier alleges, in the first case, that tral’s authority is warranted on this Official Airline Guide and it was upon North Central' should not receive au­ basis in all but a technical sense. See these that the Board relied in its order thority superior to Frontier’s one-stop Order 73-12-45 as p. 6. In view of North t© show cause. United has now offered Bismarck-Kansas City authority * and, Central’s historic participation, the im­ copies of its city timetables in Exhibit 3 in the second case, that unrestricted one- probability of diversion from Frontier, which do; indeed; indicate' th at on-line stop Denver-Minot authority will expose the past and prospective authority of connections of varying quality are avail­ Frontier’s, one- and multi-stop service to each carrier and the size of the market, able over Chicago; these timetables may diversion.7 The Board is requested to the proposed, improvement is clearly be discussed herein to the extent that maintain the mandatory stop at Twin warranted. they are relevant.“ Cities on Sights between Denver and Second, it does not appear th at More to the point, United alleges that Minot. For the following reasons, we find Frontier’s abjection to “unrestricted” it provides a level of service commen­ that Frontier’s objections cannot be sus­ one-stop authority between Denver and surate with the size of the Omaha mar­ tained.8 Minot is well-founded. North Central kets, that it carriers virtually «S of the will be precluded from offering one-stop local and connecting on-line O&D traffic First,, the Bispiarck-Kansas City mar­ service over Rapid City, the most logical ket is extremely smll,, having generated and that award of better than two-stop and least circuitous intermediate, be­ authority to North Central cannot be fewer than 10 daily passengers for the cause all Denver-Rapid City-flights are year ended September 30, 1973. Con­ justified We disagree. Because of the two-stop restricted. Service between operation of other restrictions upon sistent with Board precedent, this is the Denver and Minot over Pierre; or Bis­ type of market in which we believe it is marck, the next least circuitous inter­ Nortff Central’s flexibility, one-stop re­ ordinarily desirable to give the primary mediates, is also restricted.“ Therefore, strictions in the five Omaha markets are local service carrier unrestricted operate North Central’s best authority in terms more than adequate to protect United ing flexibility. See Order 73-12-45, De­ of both circuity and available traffic from unwarranted diversion. Accord­ cember 11, 1973, p. 5. Moreover, Frontier would be one-stop over Aberdeen, a dis­ ingly, our proposed nonstop authority in has historically possessed extremely cir­ tance of 749 miles with an available true the Muskegon, Saginaw and South Bend cuitous authority (one-stop via Denver) O&D traffic pool of 8,340.“ In contrast, markets win be modified' to one-stop. and has not participated in traffic to any Frontier’s existing one-stop service over Realistically, North Central cannot be measurable degree * Upon finalization of. Rapid City entails a trip length of SIS expected to mount one-stop operations Frontier’s route realignment, the car­ miles and affords access to 32,990 true in these markets for other than aircraft, rier’s best authority will be oner-stop via O&D passengers.“ As a matter of eco­ routing purposes because the traffic flow Scottsbluff, or almost 50 percent more nomic reality, North Central win not be is so thin “ and there are no strong inter­ in a position to mount an operation in mediates available. For example, neither circuitous than North Central’s present Chicago, Milwaukee, Twin Cities nor best authority, which is one-stop via the* Denver-Minot market that could divert a measurable amount of traffic Madison can serve, as the sole inter­ Sioux City (North Central’s one-stop from Frontier’s nonstop and noncir- mediate because of proposed restrictions cuitous one-stop1 service. Accordingly, between each of those points and Omaha * Frontier characterizes his grant of non­ Frontier’s objection mus tbe overruled. or between each and the Michigan/ stop authority as an inadvertent exclusion Indiana points See Order 74-7-63,, Ap­ from those city-pairs subject to a one-stop Objections of. United pendix E. Service over any other point— restriction on the ground5 th a t N orth C entral United has objected to the improved Rochester, for example—would not be itself did not seek nonstop rights. In its de­ supported by appreciable traffic and tailed response to Order 73—9—68, September authority proposed by the Board in IT, 1973, North. C entral did request nonstop eleven markets: Omaha-Grand Rapids/ would be more circuitous than United’s authority between. Bismarck and Kansas Dansing/Muskegon/Saginaw-Bay City- one-stop connections over Chicago. In City, (Exhibit NCA-B-2QQ, p. 7i) b u t F ro n tier Midland (herinagter Saginaw/South sum, if and when, the Omaha-Michigan/ did not. answer in opposition. Nevertheless,. Bend; Denver-Grand Rapids/Lansing/ Indiana markets, merit single-plane serv­ Frontier’s objection, will be considered herein Muskegon; and New York-Flint/MUske- ice, United, by virtue of superior au­ on th e m erits. gon/Saginaw. thority (one-stop over Chicago;) „ historié * Frontier incorrectly characterizes its* best participation and access to more, traffic, Denver-Minot authority as one-stop. By 1. Omaha Markets, United takes issue Order 74-5-73, May 14, 1973, th e Board with our statement in Order 74-7-63, a t will be able to tap the markets without granted exemption authority for Frontier to 5, that “no single-carrier semce, either fear of directly competitive service by overfly Bismarck on flights between points single-plane or on-line connecting” is North Central. on segment 7 and points on segment 8 2L Denver Markets, In the Denver- thereby permitting nonstop Denver-Minot offered in the Omaha markets and, in Grand Rapids/Lansing/Muskegon mar­ service which Frontier does, in fact,, provide support of its argument; refers to At­ kets United has renewed its objection to OAG, November L, 1974. Moreover, th e Board tachment A to its response dated No­ the Board’s proposal ta grant one-stop has proposed to make such authority permanent in the- Frontier Route Realign­ vember 14,1973, and includes as exhibits authority (provided that the one-stop ment, Order 73:-12-45, copies, of its city timetables distributed may not be Twin Cities). We have deter­ * Frontier requests a hearing in the event to the general public in the cities in ques­ mined that United’s position has merit its two proposed restrictions are not adopted. although not necessarily for the rea­ However, Frontier has presented! no1 testi­ tion. Attachment A (Exhibit 2 in its sons offered by TJnited. mony, statistical data, or evidentiary sup­ statement of objections) indicated noth­ port for its objections as required by the ing more than the fact that a. United terms of the Show Cause. In our judgment, 13 For the record, it should be noted, that the policy upon which we proposed to modify United, chose not to pay for publication of North CentraFS authority is well established »'Denver-Flerre:: one-stop; Denver-Bis- these connections in the OAQ, undoubtedly in- Board practice, the facts are readily ap­ marck: two-stop. Order 74r-7-63, Appendix because- of the small size of the markets. parent so that no dispositive factual issues e : If the markets were generating at least 850 need be resolved, and an evidentiary hearing * Denver-M inot, 6,070; Denver-Aberdeen, local O&D passengers per quarter, In view would serve no useful purpose. 1,660; Aberdeen-M Inot, 610. of the. absence of single-plane service, publi­ »For year ended September 30, 1973*, 14 Denver-Minot, 6,070; Denver-Rapid City, cation in the OAG would have been auto­ Frontier carried only 100 of the 2510 local 25,100;. Rapid C ity-M inot, 1,820. As n o ted a t matic with no charge to United. and connecting on-line O&D passengers n. % supra, Frontier also operates a daily 14 O m aha-G rand’ Rapids, 2240; Eansing, while North Central1 carried the balance. Denver-Minot: nonstop round trip which, 1510; Muskegon, 470; Saginaw, 1320; S outh O&DShrvey, T able lO; serves Winnipeg,. Canada, beyond: M inot Bend« 1860. See. Order 74-7-63, Appendix B.

FEDERAL REGISTER; VOL. 40; NO. 26— M ONDAY, FEBRUARY TO, 1975 NOTICES 6221

First, in United’s other three Denver- Flint, one-stop in New York-Muskegon/ first, the Ashbacker doctrine was not ap­ Michigan/Indiana markets (i.e., Flint, Saginaw) is not supported by the Board’s licable and, second, that our decision to Saginaw and South Bend/, North Cen-f realignment rationale and that more improve Allegheny’s authority by re­ tral itself proposed two-stop unrestricted than $3 million of United’s revenues moving named stop restrictions (Indi­ authority to which United did not ob­ would be subject to diversion. In its an­ anapolis, in each case) was based upon ject.16 There is no apparent explanation swer to United’s pleading, the Flint Air­ consideration of the “merits in light of for North Central’s request for one-stop port Commission expresses its support the carrier’s route structure and the dis­ authority in three city-pair markets for the Board’s tentative decision. similarity of North Central’s route struc­ when it had voluntarily limited itself to We have determined to accdee to Unit­ ture.” Order 74-10-60 at 12. We did, two-stop authority in three others under ed’s objections. As in the case of the however, assert that North Central’s case essentially identical circumstances. Since Denver markets, supra, some of the serv­ for improved authority would be fully the Board’s realignment program is di­ ices North Central could operate pur­ examined on the merits in its own re­ rected primarily toward removal of spe­ suant to the authority proposed in the alignment proceeding. Upon considera­ cific named intermediate points in order show cause order would afford access to tion of the facts enumerated below, we to afford some operating flexibility, re­ sufficiently large pools of traffic, and have determined to retain the Milwaukee stricting North Central to two-stop au­ would be sufficiently noncircuitous, to stop restriction in the Grand Rapids- thority in all Denver-Indiana markets raise a distinct possibility that they New York, South Bend-New York and certificated to United will not detract might become significantly competitive Chicago - Cincinnati/Columbus/Dayton from our principal objective. with United’s existing^ services. For in­ markets but to grant North Central the Second, the Denver markets are much stance, a Muskegon-Kalamazoo-New authority it seeks in the Grand Rapids/ larger than the Omaha markets and, York service by North Central would South Bend-Columbus/Dayton mar­ with one-stop authority, North Central have access to a total of 19,300 O&D kets.22 might be encouraged to enter into com­ passengers and would be only 2 percent The Grand Rapids/South Bend-Co­ petition with United. For example, a more circuitous than United’s best con­ lumbus/Dayton markets are minor mar­ Denver-Green Bay-Grand Rapids service necting service over Cleveland. Similarly, kets and, as such, do not present com­ would afford access to more than 17,000 a Saginaw-Jackson-New York service petitive considerations of a significant true O&D passengers.10 While United now' would have access to 29,080 O&D passen­ magnitude. Nevertheless, we have re­ carries virtually all Denver-Grand Rap­ gers and would be only 15 percent more tained named intermediate points in ids traffic, North Central carries virtually circuitous than United’s nonstop flight. several such markets when it has ap­ all Denver-Green Bay and Green Bay- Finally, a Flint-Saginaw-Jackson-New peared that a competitor’s objections Grand Rapids traffic, offering daily sin­ York service, although 24 percent more were well-grounded. Here, however, they gle-plane service in both markets.17 It circuitous than United’s existing one- are not. In the two Grand Rapids mar­ would seem to be a relatively easy mat­ stop flight via Cleveland, would have ac­ kets, North Central presently offers some ter to alter this service pattern to accom­ cess to 44,790 O&D passengers.“ We do single-plane service while Allegheny does modate at least one daily Denver-Grand not undertake to determine whether such not serve these two markets at all (OAG, Rapids one-stop through round trip services would in fact, or would probably, November 1, 1974) and is, in fact, sus­ which, coincidentally, would entail a trip inflict significant diversion on United; pended completely at Grand Rapids.23 length only 48 miles longer than United’s it is enough here that the possibility of In addition, North Central participates one-stop connecting service over Chicago such diversion is sufficiently plausible to a much greater degree in local and but with a considerable saving in time that the Board does not consider it ap­ connecting on-line O&D in the two mar­ for the passenger who would not have to propriate to employ nonhearing proce­ kets than does Allegheny,21 which fact change planes. This is the type of po­ dures to grant improved authority in po­ also supports its requests for improved tential competitive impact which the tential competitive markets. According­ authority. Thus, while Allegheny has Board has sought to avoid in realigning ly, North Central’s existing Milwaukee possessed less circuitous authority, it routes under nonhearing procedures. Ac­ stop restriction will be retained in these has made no effort to serve the Grand cordingly, North Central’s Denver-Grand markets as it has been in all of North Rapids markets while North Central has. Rapids/Lansing/Muskegon authority will Central’s other Michigan/Indiana/Ohio- Accordingly, we discern no reason to be restricted to two-stop as requested by New York competitive markets.20 “protect” Allegheny by restricting North United. Objections of North Central Central.28 3. New York/Netoark Markets. In the North Central’s objections and Alle­ Similarly, the South Bend-Columbus/ third group of markets—New York- gheny’s reply thereto are directed toward Dayton markets are extremely small, Flint/Muskegon/Saginaw—United seeks nine markets31 which were also in con­ having generated only 1390 and 670 true to have the Board retain the present troversy in the Allegheny Route Realign­ O&D passengers in the year ended Milwaukee stop requirement imposed ment. in our order on reconsideration, September 30,1973. No single-plane serv­ upon all flights serving New York by vir­ Order 74-10-60, October 10, 1974, we re­ ice is offered by any carrier but United tue of North Central’s separate Milwau­ fused to accede to North Central’s objec­ carried virtually all of the on-line local kee-New York segment.18 United alleges, tion to improvement of Allegheny’s au­ and connecting passengers by necessarily inter alia, that the proposed improve­ thority in these nine markets which was circuitous connections. As in the case of ment (two-stop authority in New York- couched in terms of (1) the Ashbacker Grand Rapids, Allegheny is now sus­ doctrine and (2) the Board’s allegedly erroneous reliance upon North Central’s pended at South Bend.28 Grant of unre- 36 North Central’s current best single-plane authority in these Denver markets is: initial acquiescence. We stated that, Flint: three-stop (Twin Cities+1+De­ 22 Grand Rapids-Columbus, one-stop; tro it) . Grand Rapids-Dayton, nonstop; South Bend- 19 Although the hypothetical two-stop Columbus/Dayton, nonstop. Grand Rapids: two-stop (Twin Cities+1). Flint-New York service described above may Lansing: two-stop (Twin Cities+1). 28 Order 74-1-5, Jan u ary 2, 1974. appear somewhat improbable, the fact that “ O&D Survey, Table 10 (YJE. Septem ber Muskegon: two-stop (Twin Cities+1”). United’s existing Flint-New York flight is Saginaw: three-stop (Twin Cities+1 30, 1973). In the Columbus market, North operated pursuant to a Board adequacy-of- Central and United each carried about 40 + D etroit). service order is entitled to substantial weight South Bend: two-stop (Twin Cities+ ). percent of such traffic, Allegheny about 10 on the other side. percent. In the Dayton market, United, 1(1 Denver-G reen Bay, 3190; D enver-G rand 20 Since the Milwaukee restriction will pat­ North Central and Allegheny carried about Rapids, 7580; Green Bay-Grand Rapids, 6400. ently suffice to preclude any competitive im­ 70,21, and 6 percent, respectively. 17 Denver-Green Bay, one three-stop round pact on United, we will not require an addi­ 25 We note that United, which possesses trip and one additional two-stop flight east- tional stop in the Flint-New York or South one-stop authority over Chicago, the seg­ bound; Green Bay-Grand Rapids, three non­ Bend-New York markets. ment Junction point, did not object to im­ stop round trips. 21 Chicago - Cincinnati/Columbus/Day- provement of Allegheny’s authority in these M Twin Cities-Milwaukee Long-Haul In­ ton; Grand Rapids-Columbus/Dayton/New markets and, presumably, will not object to vestigation, Order 70-6-36, decided June 4, York; and South Bend-Columbus/Dayton/ improvement of North Central’s. 1970. New York. 39 See n. 23, supra.

FEDERAL REGISTER, VOL. 40, NO. 28— MONDAY, FEBRUARY 10, 1975 6222 NOTICES stricted authority in these two markets under its own proposal, one-stop unre­ 3. Such certificate shall be signed on to North Central could hardly have stricted, would be only slightly circui­ behalf of the Board by its Secretary, shall competitive implications but might, on tous.31 Although North Central’s pene­ have affixed thereto the seal of the Board the positive side, encourage the carrier tration of these markets would necessar­ ’and shall be effective 60 days after service to offer some improved single-plane ily be quite limited in view of the volume of this order: Provided, however, That service beyond the two markets to points of nonstop service they now receive from the effective date of said amended certifi­ north and northwest. In contrast, other carriers, we cannot say for certain cate shall be postponed automatically Allegheny’s system lies largely to the east that the competitive impact would be until further Board order if the appro­ of Ohio; therefore, in the unlikely event completely negligible in the particular priate license fee is not paid pursuant to that Allegheny were to route aircraft context of a grant of improved authority section 389.21(b) of the Regulations; over these markets, its effort would un­ by nonhearing procedures. In a case 4. The motion of Allegheny Airlines, doubtedly be to flow passengers in an where hearing procedures were to be or Inc. for leave to file an unauthorized entirely different direction. For the fore­ had already been followed, of course, reply and the motion of the Flint, Michi­ going reasons and in view of other gen­ different standards would apply. gan, Airport Commission for leave to file eral principles of the Board’s realign­ Technical Amendments an unauthorized answer be and they ment policy, North Central will receive North Central suggests four additional hereby are granted; the authority it seeks in the Grand minor changes which it characterizes as 5. The motion of North Central Air­ Rapids/South Bend-Columbus/Dayton technical amendments. The first involves lines, Inc. for leave to file an unauthor­ markets. effectuation of the final decision in the ized reply be and it hereby is denied; North Central’s request for unre­ Wisconsin Points Dehyphenation Case, 6. The contingent motion of United stricted one-step authority in the Grand Docket 21115, Order 74-7-45, July 11, Air Lines, Inc. for leave to file an other­ Rapids/South Bend-New York markets 1974, while the other three involve minor wise unauthorized document be and it will be denied.27 Irrespective of our action modifications of the restrictions in the hereby is dismissed; and in the Allegheny Route Realignment, Fargo-Detroit/Twin Cities/Milwaukee 7. A copy of this order shall be served the authority of, and service provided markets. These four changes will be upon the parties listed in Appendix B.3* by, United in these markets warrants adopted. This order shall be published in the retention of the Milwaukee stop require­ F ederal R eg ister . Requirement of a Hearing ment. First, it must be noted that North By the Civil Aeronautics Board. Central agreed to such a restriction not Finally, United has again questioned solely on the basis of Allegheny’s objec­ the appropriateness and legality of show [ seal] E d w in Z. H olland, tion but also (perhaps primarily) on the cause procedures to realign route sys­ Secretary. basis of United’s objection.2* Second, we tems, implying that the Board may'not [FR Doc.75-3667 Filed 2-7-75;8:45 am] have already considered and accepted deny its requests for the retention of United’s objections to removal of the restrictions absent a hearing. This issue Milwaukee stop restriction in other has been considered in some detail and [Order 75-1-133; Docket 27114 et al.] relatively large Michigan-New York United’s arguments have been rejected. markets; the reasoning, discussed above, PAN AMERICAN WORLD AIRWAYS, INC. See Order 74-10-60, October 10, 1974, at AND TRANS WORLD AIRLINES, INC. is equally applicable to the instant 3-4. We believe that all statutory man­ markets.29 Finally, United has objected to dates have been fulfilled, both to the let­ Application for Approval of Route improvement in North Central’s author­ ter and in spirit, and that the proce­ Agreement; Order; Correction ity in these markets even though it did dures utilized are otherwise fully con­ not object to improvement in Allegheny’s Adopted by the Civil Aeronautics sistent with general principles of due Board at its office in Washington, D.C. and this factor must be considered as process. militating against grant of North For purposes of determining a license on the 30th day of January 1975. Central’s request. fee in accordance with the schedules set In FR Doc. 75-3166, appearing at 40 Last, we have decided to retain the forth in section 389.25 of the Board’s Or­ FR 5184, on page 40 FR 5188, ordering Milwaukee stop restriction in the Chi- ganization Regulations (14 CFR 389.25), paragraph 1, should read as follows cago-Cincinnati/Columbus/Dayton mar­ it is found that the additional gross (italic word added): kets, principally for reasons similar to transport revenues for the first full year 1. Pan AmeHcah World Airways be of operations by North Central, as a those articulated in connection with our result of the new authority granted and it hereby is exempted from section discussion of the New York-Michigan herein, will be within the $100,000 to 401 of the Act, the Board’s rules dnd reg­ markets. Again, these are large mar­ $1,000,000 range.33 ulations, and the terms, conditions, and kets 80 and North Central’s best authority Accordingly, It is ordered, That; limitations of its certificate for route 130 1. The tentative findings and conclu­ insofar as they would otherwise prevent sions set forth in Order 74-7-63, July 16, 27 We will, however, eliminate the require­ 1974, as modified herein, be and they Pan American from serving Bombay, In­ ment that South Bend-New York flights dia and points in Taiwan and Okinawa serve a second intermediate point in addition hereby are made final; to Milwaukee. Since North Central will have 2. An amended certificate of public subject to the condition that Pan Amer­ would be anomalous and, obviously, is un- convenience and necessity for route 86 ican shall not perform single-plane serv­ unrestricted authority between South Bend in the form attached hereto be issued ice (including single-flight number) in and Milwaukee and between Milwaukee and to North Central Airlines, Inc.;83 New York, the Imposition of an additional any Taiwan/Okinawa city-pair market stop requirement on flights serving both currently authorized in the certificates of South Bend and New York over Milwaukee 81 Under Its proposal, North Central’s least Northwest which did not receive single- necessary. See n. 20, supra. circuitous one-stop authority in the Chicago- 28 See Reply of North Central, dated Au­ Oolumbus/Dayton markets would be via plane service by TWA as reflected in g u st 27, 1973 a t p. 8 (leave to file granted South Bend. In the Chicago-Cincinnati mar­ TWA’s general schedule No. 51 on file by Order 73-9-66, Septem ber 17, 1973). ket, beoause of a one-stop restriction on with the Board effective November 1, 29 The Grand Rapids/South Bend-New York S outh B6nd-Cincinnatl flights, the carrier’s markets are significantly larger than the least circuitous one-stop service would be 1974; Flint/Muskegon/Saginaw-New York mar­ via eBnton Harbor or alamazoo, entailing [ seal] E d w in Z. H olland, kets; therefore, North Central’s incentive to a relatively small increase in mileage. initiate one-stop service, albeit over a weak, 22 North Central requested the Board to Secretary. slightly circuitous intermediate such as find that revenues realized would be under [FR Doc.75-3665 Filed 2-7-75;8:45 am] Jackson, will be fairly great. $100,000; however, we cannot accept such a 80 C hicago-C incinnati: 202,370 tru e O&D; conservative estimate in light of the extent Chicago-Columbus, 182,910; Chicago-Dayton, of liberalization of th e carrier’s authority. 81 Appendices A, B, C filed as part of orig­ 120,400. 23 Filed as part of original document. inal document.

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 NOTICES 6223

livered to Weber County incinerator which boiler plant to be closed reducing air emis­ COUNCIL ON ENVIRONMENTAL meets EPA emission standards. sions. QUALITY (3) Expanded storm sewer—DDOU. Date b. Actions similar to those for which a of Determination: PY 74. Reason for Deter­ significant number of statements have been ENVIRONMENTAL im p a c t s t a t e m e n t s mination r Improved control of runoff. Re­ filed: None. Administrative Actions Requiring duced overflow. c. Actions previously announced as re­ Statem ents (4) Constructed 18 units of family housing quiring a statement: None. (in progress)—DDOU. Date of Determina­ d. Actions for which the CEQ requested a The following lists, filed with the tion: FY 74. Reason for Determination: Re­ statement: None. Council by the Department of Defense, places a like number .of substandard units. 5 List of actions for which statements are Corps pf Engineers, Tennessee Valley New units heated by natural gas. Existing not yet timely: None. Authority, the Department of Trans- portation, and the United States Coast Department of the Army—July 1,1974 to September 30,1974 Guard pursuant to Council Guideline 40 (a) Final statements: Subject Date Filed CFR 1500.6 (e),'indicate those adminis­ Project Eagle—expanded,' Supplement A—Dis- Notice published in F ederal trative actions that DOD, COE, TVA, posal of GB Agent in Underground Tanks. R e g ist er (F.R.) Aug. 2, 1974. (b) D raft statem en ts: ", „ DOT, and USCG have determined will 1 L and acquisition, F ort Carson, Colo------Notice published in P.R. require the preparation of environ­ Sept. 13,1974. mental impact statements under NEPA. 2. Construction and operation, parachute drop Approved by DA on Oct. 16, D e pa r t m e n t o f D e f e n s e zone and short-field landing strip, Port 1974. Filed with CEQ that ASSISTANT SECRETARY OF DEFENSE - Richardson, Ark. date. (c) Statements under Preparation: Quarterly CEQ Report Date Scheduled Unified and Specified Commands 1. South approach, Golden Gate Bridge, Presidio Unscheduled (final). Ju ly 1, to Septem ber 30,1974 of San Francisco, Calif. Draft statement 1. Pinal statements: None filed during re­ reported in F.R. of May 6, 1974. porting period. 2. Family housing project (400 units) Fort Unscheduled (draft). 2. Draft statements: None. Bragg, N.C. 3. statements under Preparation: 3. Real estate acquisition, 3 phases, Fort Hood, 2d quarter 1975 (draft).

Subject Projected date CINC 4. Military operations and activities, 4th Infan- 4th quarter 1975 (draft). try Division (Mech.) and Fort Carson, Colo. CINCPAC 5. Family housing project, Fort Campbell, Ky__ Rescheduled to 3d quarter 1975 Tinian, Mariana USAF comments on (d ra ft). Islands, CEIS being used to Crested Isle. prepare DEIS. Due 6. Co-use of monument land by White Sands 3rd quarter 1975 (draft). December 1974, Missile Range and National Park Service, U.S. Army Air Defense Center and Fort 4. List of Actions for which a statement . .Dims, icA . is not required: 7. Military operations, Fort Polk, La— — — 3d quarter 1975 (draft). a. Actions which normally require a state­ 8 . Land acquisition, Fort Riley, Kans__.------Unscheduled (draft). ment. None. 9. Family housing project, Fort Belvoir, Va— - 1st quarter 1975 (draft). b. Actions similar to those for which a lo! Family housing project, Aliamanu Military 4th quarter 1975 (draft). significant number of statements have been Reservation, Hawaii, 2950 units. filed. None. 11. Project Eagle—expanded: c. Actions previously announced as re­ Supplement B—disposal of GB agent 1 4th quarter 1974 (final), quiring a statement. None. in 1-ton containers. d. Actions for which the CEQ requested a Supplement C—WETEYE bombs------. 2d q u arter 1975 (final). statement. None. 5. List of actions for which statements Supplement D—Honest John warhead-- 1st quarter 1975 (final). a re n o t y e t tim ely : 12. Dredging project, Badger Army Ammunition 1st quarter 1975 (draft). CINGPAC Plant, Baraboo, Wash. 13. Project Eagle phase HI, disposal of obsolete Unscheduled. a. Camp Butler, Japan—AV8A training facility . phosgene (carbonyl chloride). b. Hickam APB, Hawaii—Fire training 14. Demilitarization of toxic munitions at facility . USAMC installations: c. Clark APB, Philippines—Central Super­ Without explosives______- — 1st q u arter 1975 (final). visory Utility Control System. d. Kadena AB, Japan—Central Super­ With explosives______— 3d q u arter 1975 (final). visory Utility Control System. 15. Division stationing plan, Fort Ord, Calif— Unscheduled- e. Schofield Barracks, Hawaii—Kolekole id) List of Actions for which a statement is not required: Q uarry. f. Guam—200-man USAR center. 1. Actions which normally require a statement— None. DEFENSE SUPPLY AGENCY 2. Actions similar to those for which a signifi­ cant number of statements have been filed: RCS DD-H&E (Q) 1326 Date of Determination 1 SEPTEMBER 1973 TO 30 SEPTEMBER 1974 a. Family housing, Lightning Field, Schofield Sept. 1974. 1. Final Statements: None Barracks, Oahu, Hawaii, 2. Draft Statem ents: None i 3. Statements Under Preparation: None b. Brief reason for determination: This 4. List of actions for which a statement is project’s size (640 family housing hot required: a. Actions which normally re­ units) was large enough to justify quires statement: (1) Expanded boiler plant capacity at one location and reduced total careful investigation of its environ­ number of plants, Defense Depot Ogden, Og­ mental effects. However, the com­ den, Utah (LtDOU). Date of Determination: mander, based on his study, deter­ FY 74. Reason for Determination: Number of plants reduced. Expanded plant meets mined that no significant environ­ EPA standards. mental impacts would be caused by (2) Installed refuse compaction and trans­ th e project. fer station-r-DDOU. Date pf Determination: a. Family housing construction program, Da. PY 74. Reason for Determination: Eliminated open pit burning. Compacted refuse de­ Fort Stewart, Ga.

FEDERAL REGISTER, VOL. 40, NO. 28— M ONDAY, SFEBRUARY 10, 1975 6224 NOTICES

Department of the Army—July 1,1974 to September 30,1974—Continued (d) List of Actions for which a statement is not required—Continued 2. Actions similar to those for which a significant number of statements have been filed—Continued Date of Determination b. Brief Reason for Determination: This long-range program for the con­ struction of approximately 3,000 military family housing units on a 750 acre site at Port Stewart was carefully assessed and the com­ mander determined that it will cause no significant adverse effects which cannot be avoided. Design of the proj­ ect will include measures to minimize all avoidable adverse environmental effects. a. Family housing construction program. Do; P ort Polk, La. b. Brief reason for determination: This long-range program for the con­ struction of 3,000 to possibly 4,000 family housing units i3 to provide housing for officers, enlisted men and their families. The construction will be accomplished on the military reservation. Design of the project will include features to minimize all avoidable adverse environmental ef­ fects. A careful assessment of the project was made and the command­ er determined that it would cause no significant adverse environmental im pact. a. Proposed legislative change to Clean Oct. 1274. Air Act. b. Brief reason for determination: The proposed change to the Clean Air Act would exclude military designed tactical vehicles from post 1974 emission standards. The small num­ ber of vehicles involved and their locations will not have a significant impact on ambient air quality. a. Control ■ of blackbirds, Fort Campbell, Qct. 21 1974. Ky. and Milan Army Ammunition Plant, Tenn. b. Brief reason for determination: The project proposed spraying the star­ lings and other blackbirds with a biodegradable detergent wetting agent which, when associated with certain weather conditions, 'subjects the birds to a quick death. The ma­ terial used will have insignificant impact on nontarget animals and will not degrade air or water quality or damage plant life. The animals are destructive to the local farmers, produce filth and are generally haz­ ardous to high speed aircraft and to » the health of the local inhabitants and their live stock. A negative declaration was published in the F ederal R e g ister on Oct. 21, 1974. o. Renewal of lease, Fort Bliss, Tex_____ 3 d q u arter 1974. b. Brief reason for determination:. This 66,000 acre maneuver area (No. 2) has been leased by the Army from private landowners for a significant period of time. The environmental assessment of the proposed action to renew the leases concluded that the action including the land use would not cause a significant impact on th e environm ent. a. Joint training exercise Gallant crew 8d q u arter 1974. 1975, Fort Bliss, Tex.

FEDERAL REGISTER, VOL. 40, NO. 28— M O ND AY, FEBRUARY 10, 1975 0 NOTICES 6225

Department of the Army—July 1,1974 to September 80,1974—-Continued (1) Dredging was to involve removal of Navy lands; (d) List of Actions for w hich a statem ent is n o t required—C ontinued (2) Spoil disposal was consistent with cur­ 2. Actions similar to those for which a significant number of rent EPA standards for land disposal; statem ents have been filed—C ontinued Date of Determination (3) Dredging (and subsequent beach re­ b. Brief reason for determination: This plenishment) is the preferred alternative; training exercise including men, and equipment and weapons systems is (4) There was no identifiable degradation scheduled to be conducted at Fort or impact vs. long-term productivity and Bliss during April 1975. An environ­ timing of the project would minimize any mental assessment of the proposed minor direct environmental impact. action concluded that by restricting Subject: “Land Acquisition for the Naval Research Laboratory at Leesburg, Fla.”. the use of approximately 250,000 Date of determ ination: 9 A ugust 1974. acres of range, the activity would Brief reason for determination: Action not cause a significant environmen­ would only change ownership of land and im­ tal impact. provements (where Navy has been conduct­ 8 . Actions previously announced as requiring a None> ing underwater acoustic experiments) from statement. - private hands to government rolls. No 4. Actions for which the CEQ requested a state- None. change to existing site characteristics were m ent. involved or scheduled. 5. List of actions for which statements are not None. 2. Actions similar to those for which a yet tim ely. significant number of statements have been filed: Department of the Navy Base, New London (Groton) . Connecticut”. a. Subject: "Navy Family Housing Con­ Date of determination: 9. August 1974. Brief Ju ly to Septem ber 1974 struction for Murphy Canyon Heights, Naval reason for determination: Action was dis­ Complex, San Diego, California.” Date of de­ (a) Final statements: Subject: “U.S. Navy cussed in the Draft EIS for “Naval Submarine termination: 11 July 1974. Brief reason for Atlantic Fleet Air Combat Maneuvering Base, New London” filed on June 19,1974 and determination: Proposed construction did Range, Atlantic Ocean Training Area”. Date accordingly did not require decision for Draft not constitute a major Federal action signifi­ filed: 9 Ju ly 1974. Subject: “TRIDENT S up­ EIS. i s cantly affecting the quality of the human port Site, Bangor, Washington”. Date filed: Subject: “DD 963 Class Ships”. Date of environment as: 19 Ju ly 1974. Subject: “Cam ping Facility, determ ination: 9 A ugust 1974. Brief reason (1) The action was consistent with appli­ Naval Air Station, Miramar, California”. Date for determination: Not considered a major cable land use plans and policies; filed: 27 A ugust 1974. Federal action significantly affecting the (2) There were no Identifiable primary (b) Draft statements: Subject: “Berthing quality of the human environment as this im pacts; Pier No.' 7, U.S. Naval Station, San Diego, class ships will incorporate the latest in pol­ (3) Secondary impacts were not considered California”. Date filed: 30 July 1974. Subject: lution abatement devices as: significant; “Navy Family Housing, U.S. Naval Weapons (1) Utilization of gas turbine engines (4) Alternatives considered might have a Station, Charleston, S.C.”. Date filed: 13 (burning distillate fuels) which are signifi­ more adverse environmental impact; and Septem ber 1974. cantly cleaner (with respect to exhaust pol­ (5) There was no evidence of “controversy (c) Statements - under preparation: Sub­ lutants) than their predecessor; with regard to environmental impact.” ject: Final EIS for “Berthing Pier No. 7, (2) Sewage collection/incineration sys­ Subject: “Family Housing Project, Marine U.S. Naval Station, San Diego, California”. tems facility no overhead discharge in port Corps Air Station, Cherry Point, North Caro­ Projected date: November 1974. Subject: or while operating in the contiguous zone; lina.” Date of determ ination: 2 A ugust 1974. Final EIS for “Land Acquisition and Con­ (3) Trash compacted for ultimate disposal Brief reason for determination: Proposed ac­ struction of Two Helicopter Outlying Fields, ashore whenever feasible; tion will provide for replacement housing Naval Air Station, Whiting: Field, Milton, (4) Oily ballast minimized through revised and will not add to the total housing at the Florida”. Projected date: January 1975. Sub­ refueling procedures; station. There was no evidence of environ­ ject: Final EIS for “Naval Submarine Base, (5) Oily bilge discharge minimized mental controversy. New London, Groton, Connecticut ’. Projected through provision of 9,000 gallon capacity Subject: “Mobile Home Park, Marine Corps date: Jan u ary 1975. holding tanks; and Recruit Depot Parris Island, South Carolina." Subject: Final EIS for “Improvement/Ad­ (6 ) Plans for backfltting with oil/water D ate of determ ination: 2 A ugust 1974. Brief dition of Ship Berthing Spaces, Naval separators and oil content monitors when reason for determination: Proposed action Station, Norfolk, Virginia.”. Projected date: such devices are approved for military rise. will provide for replacement mobile home Jan u ary 1975. Subject: Final EIS for “Off- Subject: “AIM-9L (Air-to-Air) Missile”. spaces and will not add to the total spaces Road Vehicle Use, Naval Weapons Center, D ate of determ ination: 9 A ugust 1974. available at the activity. There was no evi­ China Lake, California”. Projected date: Brief reason for determination: Not con­ dence of environmental controversy. February 1975. Subject: Final EIS for sidered a major action significantly affect­ ing the quality of the human environment Subject: "Land Acquisition for the Naval “Abrasive Blasting of Ships Hulls” Projected Research Laboratory at Leesburg, Fla.” Date date: Ju n e 1975. Subject: Final EIS for as peacetime use is primarily associated with of determ ination: 9 A ugust 1974. Brief rea­ “Continued Use of Farallón de Medinilla training at an established and dedicated son for determination: Action would only Bombardment Range, Marianas Islands”. target range. Any minor “contamination” occurring unfortunately is a “fact of life” as change ownership of land and improvements Projected date: December 1974. Subject: (where Navy has been conducting under­ Draft EIS for “Proposed New Ammunition dictated by the defense mission. water acoustic experiments( from private Facility at the Naval Air Station, North 1. Actions which normally require a state­ ment: Subject: “Dredge Piers SIERRA and hands to government rolls). No change to Island, San Diego, California”. Projected existing site characteristics were involved or date: November 1974. Subject: D raft EIS for TANGO, Naval Station, Charleston, S.C.” “Uniformed Services University of the Date of determination: 11 July 1974. Brief scheduled. Health Sciences, Bethesda, Md.”. Projected reason for determination: Proposed action Subject: “Mobile Home Park, Naval Weap­ date: November 1974. Subject: D raft EIS for did not constitute a “major Federal ac­ ons Station, Charleston, South Carolina.” “Naval Personnel Administrative Complex, tion significantly affecting the quality of the human environment” as: D ate of determ ination: 9 A ugust 1974. Brief Belle Chasse, Louisiana.”. Projected date: reason for determination: This proposal, for January 1975. Subject: D raft EIS for “Navy (1) Disposal of spoils was to be accom­ Family Housing at Forth Story, (Virginia plished in an approved EPA site; 60 mobile home parking “spaces” , was to Beach), Virginia.”. Projected date: January (2) A Corps of Engineers permit had been utilize 13 of an estimated 9,000 acres in a 1975. issued; forest management area at the Weapons Sta­ (3) There were no identifiable “signifi­ tion, and accordingly note a very minor di­ (d) List of actions for which a statement cant” impacts; is not required: Subject: “CH-53E Heli­ (4) The alternatives considered were not rect impact. Secondary impacts were also copter System”. Date of determination: minimal, the predominant factor providing 11 July 1974. Brief Reason for determ ination: preferrable to the proposed action; and Action did not constitute a “major (5) There was no evidence of "environ­ less than .01% of expected 1976 county en­ Federal action significantly affecting the mental controversy”. rollment into localschools. quality of the human environment” as op­ Subject: "Dredging at Naval Amphibious Subject: “Mobile Home Park, Naval Dis­ erational usage does not indicate any direct Base, Little Creek, Va.” Date of determina­ trict, Washington, D.C.”. Date of determina­ or secondary impact and engines utilized will tio n : 24 Septem ber 1974. Brief reason for be designed for minimal pollutant (ex­ tion: 9 August 1974. Brief reason for deter­ haust) emissions. mination: Action was not considered a major determination: Action proposed to use exist- . Subject: “Community Support Facilities Federal action significantly affecting the ing Navy, substandard trailer park for reno­ and Land Acquisition, Naval Submarine quality of the human environment as: vation of 24 mobile home parking “spaces.”

FEDERAL REGISTER, VOL. 40, NO . 28— M O NDAY, FEBRUARY 10, 1975 6226 NOTICES

Accordingly, little if any impact on the children who will be located on the site are Tennessee Valley Authority quality of the human environment is in­ already located in the area and are enrolled volved, and in fact, action is an improvement in the local schools. In addition there was LIST OF ENVIRONMENTAL IMPACT STATEMENTS due to the incorporation of updated and no evidence of environmental controversy. UNDER PREPARATION, DECEMBER 1974 more modern utilities/services. 3. Actions previously announced as re­ Final statements being prepared: Raccoon Subject: “Mobile Home Park, Naval Weap­ quiring a statement: Final statement. Sub­ Mountain Pumped Storage Project (draft ons Station, Yorktown, Virginia.”. Date of ject: “Navy Family Housing Project, Naval issued September 6, 1974). Timberlake New determ ination: 24 Septem ber 1974. Brief Air Station, Glenview (at Fort Sheridan) Community (draft issued November 29, reason for determination: Action proposed Illinois.” Date of determination: 15 July 1974). Hartsville Nuclear Plants (draft to use existing. Navy substandard housing 1974. Brief reason for determination: Re­ issued November 25, 1974). project for removal and renovation to pro­ quirement for Navy Family Housing was Draft statements being prepared: Policies vide for 40 mobile home parking spaces. Ac­ cancelled by the Department of Defense. Relating to Power Rates and Ratemaking cordingly, little if any impact on the quality 4. Actions for which the CEQ requested a Procedures. Policies Relating to Power Sys­ of the human environment is involved, and statement. None identified tem Transmission Facilities. Cherokee Res­ in fact, action is an improvement due to (e) List of Actions for which Statements ervoir—Poor Valley Creek Dam and State incorporation of updated and more modern are Not Y et Timely P ark . util ities/servi ces. Note.—Elkmont Rural Village, A Planned Subject: “Mobile Home Park, Naval Air Subject: “Continued Use of Atlantic Fleet Rural Village Near the Town of Elkmont, Station, Alameda, California”. Date of de­ (Inner) Weapons Range.” Date of evalua­ Alabama, in the Lower Elk River Area (listed term in atio n : 24 Septem ber 1974. Brief rea­ tion* Undetermined. on September 1974 list)—final issued Decem­ son for determination: Identical case with U.S. Air Force ber 16, 1974. Gas Turbine Peaking Plant Yorktown, Virginia, project as identified Addition, Units 11-16—Johnsonville Steam above. July 1,1974 to September 30,1974 Plant (listed on September 1974 list)—final Subject: “Navy Family Housing, Naval Fa­ RCS: DD-H&E(Q) 1326 issued November 25, 1974. Gas Turbine Peak­ cility, Nantucket Island, Massachusetts”. ing Plant Addition, Units 1-4—Gallatin A Final statements: Date filed Steam Plant (listed on September 1974 D ate of d eterm ination: 24 Septem ber 1974. Subject: 1. F-15 Beddown Brief reason for determination: Not con­ list)—final Issued December 20, 1974. Widows Luke AFB______Aug. 1, 1974. Creek-West Jefferson 500-kV Transmission sidered a major action significantly affecting B. Draft statements: the quality of the human environment as 18 Line (listed on September 1974 list)—final S u b ject: issued November 7,1974. new units proposed will be constructed at 1. USAF C ontinental (and as an addition to) existing housing on Operations Range Department of Transportation naval property with no secondary impacts (COR) ______Ju ly 10, 1974. identified. The basic differences in impacts 2. Over-the-Horizon Ra­ URBAN MASS TRANSPORTATION ADMINISTRATION being that families will remain through the dar CONUS (OTH- LIST OF PROJECTS FOR PREPARATION OF EIS summer season Instead of vacating the B) ______Aug. 9, 1974. island. C. Statements under prep- Projected date In accordance with the CEQ Guidelines of Subject: “Mobile Home Housing Project, aratio n : August 1, 1973, this Office is sending you a Marine Corps Base, Camp Lejeune, North Subject: 1. Joint City/Air list of projects requiring administrative ac­ Carolina.” Date of determination: 30 Sep­ Force Use of Norton___ 2d quarter tions for which environmental impact state­ tem ber 1974. Brief reason for determ ination: fiscal year ments are being prepared for the third Proposed action provides for construction 1975. q u a rte r. of mobile home sites on an existing but D. Lists of actions for which a statement 1. Draft EIS on Transit-Mall Project by abandoned trailer park site. There were no is not required: None. TTi-County Metropolitan Transportation Dis­ identifiable significant impacts. For example, E. List of actions for which statements trict, Portland, Oregon. school loadings would not be changed as the are not yet timely: Subject: 1. None. 2. Draft EIS on Embarcadero Spur Storage for Light Rail Vehicles, San Francisco, Cali­ fo rn ia. Corps op Engineers 3. Draft EIS on Extension to Shady Grove, N E P A monthly report, marginal impart statements issued during previous month Washington Metropolitan Area Transit Au­ [Month of January] thority, Washington, D.C. 4. Supplemental EIS on Changes to MARTA Authorized Federal Environment (s) affected Date of No. Assistance Description of proposed action (city and State) issuance East-West Line, Atlanta, Georgia. Catalog No. Projects which were previously reported for second quarter but now held in abeyance until further notice are: C27024...... 13.220 St. Francis Hospital—construction of Breckinridge, Minn_____ Jan. 8,1975 outpatient center. Also, expansion of 1. Draft EIS on Proposed Central Area beating facilities. Transit Project, Chicago, Illinois. 2. Draft EIS of Plainfield Corridor Exten­ N E P A monthly report, non-HEW draft environmental impact statements currently being reviewed sion PATH System Port Authority of New [Month of January] York & New Jersey. 3. Draft EIS on Second Avenue South Project, New York City Transit Authority. Authorized Federal Environment (s) affected Date for 4. Final EIS on Center City Commuter Rail No. Assistance Description of proposed aotion (city and State) completion No. Connection, Philadelphia, Pennsylvania. Department of T ransporation Not available.. Not Flood control project, Lower Eagle Creek.. Indianapolis, Ind______. Jan. 8,1975. available. COAST GUARD Do...... Maintenance dredging of unpolluted har­ Michigan...... Do. bors. DRAFT «(D) AND FINAL (F) ENVIRON­ Do . Ann Arbor. Mich______. Jan. 20,1975 MENTAL IMPACT STATEMENTS (EIS) Do...... do...... Toledo Harbor, maintenance dredging of Toledo, Mich...... Do. BEING PREPARED polluted sediments. D o ....______do..—,__ Flood control feasibility study, Basset Hennepin County, Minn. . Jan. 8,1975 DEIS—Proposed Coast Guard Station at Creek. Provincetown, Mass. (Revised DEIS). Do.______do__ ... Flood control, Minnesota River...... Chaska. Minn...... Jan. 20,1975 Do...... Red Lake and Clearwater River, mainte­ Red Lake River Basin, Do. DEIS—For the location, construction and nance and operation. • Minn. operation of the U.S. Coast Guard New Do do.— -— Harbors of Refuge at Lutsen and Beaver Cook and Lake Counties, Do. London Station, Research and Develop­ Bay, Lake Superior, construction, oper­ Minn. ation and maintenance of Harbors of ment Center, and support facilities in Refuge. New London, Conn. v Do Diked disposal facility, rite No. 7,- Lorain Lorain, Ohio..:______.... . Jan. 8,1975 FEIS—New York Vessel Traffic System for the Harbor, construction and operation of a 58-acre rubblemound diked disposai Port of New York, Hudson River and facility to receive polluted sediments Long Island Sound. dredged from Lorain Harbor. DEIS—Proposed Loran C Station at Grange- viHe, LA.

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 NOTICES 6227

DEIS—Proposed Loran C Station at Ray- Kingman Lake and Anacostia lished in the F ederal R egister (38 FR mondville, TX. River, Washington, D.C------.— 39-74 31862) its interim policy with respect to DEIS—Proposed Loran C Station at Mariana, Mill Creek, Southold, N.Y__------35-74 the administration of section 3(c) (1) (D) PL. Big Sandy River (Levisa Pork), of the Federal Insecticide, Fungicide, and DEIS—Proposed Multi-purpose iacility at B a n n er, K y______— i------140-74 Hogan Creek, Aurora, Ind ____— 119-74 Rodenticide Act (FEFRA) , as amended. Berwick, LA. This policy provides that EPA will, upon DEIS—Proposed General Rules for Vessel Blackwater Creek, Virginia Beach, Traffic System, Berwick Bay, LA. VA ______!______122-74 receipt of every application for registra­ PEIS—Proposed Sewage Disposal System, Merrimack River, Nooksett, N.H— 98-74 tion, publish in the F ederal R egister a USCG Base, Kodiak, AK. Elizabeth River (West Branch), notice containing the information shown PEIS—Proposed Vessel Traffic System, Prince Portsmouth, Va______83-74 below. The labeling furnished by the ap­ William Sound, AK. G ary L. W idman, plicant will be available for examination PEIS—Proposed Regulated Navigation Area, General Counsel, at the Environmental Protection Agency, entrance to Chesapeake Bay. Council on Environmental Quality. Room EB-31, East Tower, 401 M Street PEIS—Proposed Regulations to implement SW., Washington, D.C. 20460. Title II, Ports and Waterways Safety Act [FR Doc.75-3337 Filed 2-7-75; 8:45 am] On or before April 11,1975, any person of 1972. who (a) is or has been an applicant, (b) PEIS—Proposed Vessel Traffic System, New ENVIRONMENTAL PROTECTION Orleans, LA. believes that data he developed and sub­ PEIS—Proposed Vessel Traffic System, AGENCY mitted to EPA on or after October 21, Houston/Galveston, TX. [FRL 331-7] 1972, is being used to support an applica­ PEIS—Proposed Station Creek Bridge, Beau-' tion described in this notice, (c) desires fort County, SC. BASF WYANDOTTE CORP. to assert a claim for compensation under PEIS—Proposed USCG Air Station, Areata, Establishment of Temporary Tolerance section 3(c)(1)(D) for such use of his McKinleyville, CA. DEIS—Proposed Loran C Chain, U.S. West BASF Wyandotte Corp., 100 Cherry data, and (d) wishes to preserve his right Coast, Gulf of Alaska. Hill Road, Post Office Box 181, Parsip- to have the Administrator determine the DEIS—Point Ryes Housing Sewage Disposal pany, NJ 07054, submitted a petition (PP amount of reasonable compensation to Plant, CA. 5G1543) requesting establishment of a which he is entitled for such use of the DEIS—Proposed Search and Rescue Facility temporary tolerance for negligible resi­ data, must notify the Administrator and a t M artinez,. CA. dues of the herbicide fluchloralin (AM2- the applicant named in the notice in the DEIS—Proposed Replacement of the Dum­ chloroethyl) -a,a,a - trifluoro-2,6-dinitro- F ederal R egister of his claim by certified barton Bridge across San Francisco Bay, mail. Notification to the Administrator San Mateo and Alameda Counties, CA. N-propyl-p-toluidine) in or on the raw PEIS—Deepwater Port Regulations. agricultural commodity soybeans at 0.05 should be addressed to the Information DEIS—Northbrook Housing, IL. part per million. Coordination Section, Technical Services FEIS—Proposed Coast Guard Station (Destin It has been determined that a tem­ Division (WH-569), Office of Pesticide Station), Santa Rosa Island. FL. porary tolerance for negligible residues of Programs, 401 M Street SW., Wash­ ington, D.C. 20460. Every such claimant Negative Declarations Prepared and F iled the herbicide in or on soybeans at 0.05 in Coast Guard Headquarters During the part per million will protect the public must include, at a minimum, the infor­ Last Quarter of Calendar T ear 1974 health. It is therefore established as re­ mation listed in the interim policy of November 19, 1973. Acquisition of USCG Housing, 5 houses, quested on condition that the herbicide Hilo, Hawaii. be used in accordance with the temporary Applications submitted under 2(a) or Construction of four units of CG family permit being issued concurrently and 2(b) of the interim policy will be proc­ housing in the Sunset subdivision of Grassey which provides for distribution under the essed to completion in accordance \srith Key, PL. BASF Wyandotte Corp. name. existing procedures. Applications sub­ Construction of six units of CG family This temporary tolerance expires Feb­ mitted under 2(c) of the interim policy housing in the Treasure Harbor subdivision of Plantation Key, Monroe County, PL. ruary 4, 1976. cannot be made final until the 60 day Construct quarters for the Commander, Residues remaining in or on the above period has expired. If no claims are re­ Seventeenth CG District, Juneau, AK. raw agricultural commodity after expira­ ceived on or before April 11, 1975, the Acquire 7.3 acres of Army property at tion of this temporary tolerance will not Sandy Hook, Monmouth County, NJ". be considered actionable if the pesticide 2(c) application will be processed ac­ Construct two buildings (8300 SF total) at is legally applied during the term, and in cording to normal procedure. However, if the Naval Electronic Systems Test and Eval­ accordance with provisions of the tem­ uation Detachment (NESTED) property, St. claims are received within the 60 day Inogoes, Saint Mary’s County, Maryland. porary permit/temporary tolerance. period, the applicants against whom the Microwave/UHF-FM Antenna Installa­ This action is taken pursuant to provi­ claims are asserted will be advised of the tions, Mt. Haleakala and Mauna Kapu, sions of the Federal Food, Drug, and Cos­ Hawaii. metic Act (sec. 408(j), 68 Stat. 516; (21 alternatives available under the Act. No Proposed Rules for Mooring Barges on Mis­ U.S.C. 346a(j))), the authority trans­ claims will be accepted for possible EPA sissippi River between Miles 88 and 127 above ferred to the Administrator of the En­ adjudication which are received after Head of Passes. vironmental Protection Agency (35 FR April 11, 1975. Juneau Moorings Repair, Juneau, AK. 15623), and the authority delegated by Dated: February 3,1975. negative declarations for bridge permit the Administrator to the Deputy Assist­ actions ant Administrator for Pesticide Programs J ohn B. R itc h , Jr., Project, waiterway, location: (39 FR 18805). Director, P erm it No. Dated: February 4, 1975. Registration Division. Upper Mississippi River, Burling­ Applications R eceived to n , Io w a______109-74 E dw in L. J ohnson, [OPP—32000/185] Intracoastal Waterway (Atlantic), Acting Deputy Assistant Ad­ Y au p o n B each, N.C______135-71 ministrator for Pesticide Pro­ EPA Pile Symbol 1029-REG. Aidex Corp., Kuapa Pond, Hawaii-Kal Drive, grams. 1024 N. 17 St., Omaha NB 68102. AIDEX H o n o lu lu , H awaii.______38-74 DURSB EX-G GRANULAR INSECTICIDE. Williston Creek, Williston, N.C. I PR Doc.75-3622 Piled 2-7-75; 8:45 am] Active Ingredients: Chlorpyrifos [O.O-di- (mile 0.7) ______50-74 ethyl 0-(3-5,6trichloro-2-pydidyl] phos- Tolmie State Park, Thurston phorothioate] 0.5%. Method of Support: County, Olympia, Wash______107-73 [FRL 331-5; OPP—32000/185] Application proceeds under 2(c) of interim Impèrial River, Bonita Springs, Policy. PM12. P i a ------114-74 RECEIPT OF APPLICATIONS FOR EPA Pile Symbol 11501-RO. Aqua Chem Co., Anclote River, Tarpon Springs, PESTICIDE REGISTRATION Inc., 349 Greco Ave., Coral Gab leg FL 33146. P i a ------108-74 Data To Be Considered in Support of AQUATRENE ALGAE CEDE FOR USE IN M illport Slouth, Kernville, Oreg__111—J4 Applications SWIMMING POOLS. Active Ingredients: Illinois Waterway, Ottawa, 111____ 107-74 Copper as elemental 8.0%. Method of Sup­ Illinois River, South Perkin, 111__ 85-74 On November 19, 1973, the Environ­ port: Application proceeds under 2(c)' of Bayou Bonfouca, Slidell, La______96-71b mental Protection Agency (EPA) pub­ interim policy. PM24.

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 6228 NOTICES

EPA Pile Symbol 192-RRL. Dexol Industries, EPA File Symbol 11547-GA. Share Corp., the risks and benefits is desirable when, 1450 W. 228th St., Torrance CA 90501. 2655 N. 126th St., Brookfield WI 53005. as 4n this case, a significant quantity DEXOL ROSE AND FLOWER DUST. Ac­ SHARE CORP. ALGAECIDE. Active Ingre­ tive Ingredients: Carbaryl (1-Naphthyl N- dients: n-Alkyl (68% C12, 32% C14) di­ of a cancelled pesticide is proposed for Methylcarbamate) 5.00%; 1, 1-Bis (p- methyl ethylbenzyl ammonium chloride use. chlorophenyl) - 2 ,2, - trichloroethanol 5.0%; n-Alkyl (60% C14, 30% C16, 5% C12, EPA is holding these public hearings 3.00%; 2-(l-Methylheptyl) -4, 6-dlnitro- 5% C18) dimethyl benzyl ammonium in order to provide all interested parties phenyl crotonate 0.90%; Other nitrophe- chloride 5.0%. Method of Support: Appli­ an opportunity to present information nols and derivatives chiefly 1 -m ^thylheptyl cation proceeds under 2 (c) of interim pol­ relevant to the foregoing questions as -4, 6-dinitrophenol 0.10%; Zineb (Zinc icy. PM24. ethylene bisdithiocarbamate) 3.00%. Meth­ EPA File Symbol 11214-EG. Target Chem. they relate to Louisiana’s application. od of Support : Application proceeds under Co., 17710 Studebaker Rd., Cerritos CA The State of Louisiana has requested 2(c) of interim policy. PM13. 90701. TARGET READY TO USE SPRAY a decision on the application by April 1, EPA Pile Symbol 18632-R. Holloway House y2% DIAZINON. Active Ingredients: 0, 0- 1975, to allow sufficient time for plan­ Industrial Products, Div. Chemical Corp. diethyl 0-(2-isopropyl-4-methyl-6-pyri- ning of cotton planting and pest control of America, PO Box 26082, 7127 E. 46th St., midinyl) phosphorothioate 0.5%; Aromatic activities. EPA plans to meet this re­ Indianapolis IN 46226. HIGHLY CONCEN­ petroleum derivative' solvent 99.5%. Meth­ quested decision date. It therefore is TRATED INDUSTRIAL ROOT-OUT. Active od of Support: Application proceeds under necessary to hold the public hearings Ingredients: NaOH (Sodium Hydroxide 2(c) of interim policy. PM14. Special Flakes) 95%; C&S04 (Copper Sul­ EPA Reg. No. 148-984. Thompson-Hayward on less than 30 days’ notice. It should phate) 5%. Method of Support: Applica­ Chem. Co., 5200 Speaker Rd., Kansas City be noted, however, that interested par­ tion proceeds under 2 (c) of interim policy. MO 66106. DROP-LEAF DEFOLIANT. Ac­ ties wishing to submit written comments PM24. tive Ingredients: Sodium chlorate 28.0%. will have until March 12, 1975, to do so, EPA File Symbol 802-LGN. The Chas. H. Lilly Method of Support: Application proceeds in accordance with the notice of receipt Co., 109 S.E. Alder; P ortland OR 97214. under 2(c) of interim policy. PM25. of Louisiana’s request also published in MILLER’S LAWN AND SHRUB INSECT [FR Doc.75-3621 Filed 2-7-75;8:45 am] today’s F ederal R egister. SPRAY. Active Ingredients : Chlorpyrifos All individuals and organizations [0,0-diethyl 0-(3,5,6-trichloro-2-pyridyl) wishing %o testify at the hearing in phosphorothioate 6.79%; Aromatic petro­ [FRL 333-5; OPP-210004} leum derivative solvent 42.48%; Petroleum Baton Rouge should notify Dr. Norman distillates 41.48%. Method of Support: Ap­ LOUISIANA Dyer, Pesticides Branch, EPA, 1600 Pat­ plication proceeds under 2 (c) of interim terson Street, Dallas TX 75201. Dr. policy. PM12. Application for Emergency Exemption To Dyer’s telephone number is 214/749- EPA File Symbol 1021-RGGA. McLaughlin Use DDT for Control of Tobacco Bud- 1121. Notification concerning participa­ Gormley K ing Co., 8810 10th Ave., N., M in­ worm on Cotton; Public Hearing tion in the Washington, D.C.' hearing neapolis MN 55427. D-TRANS INTERME­ Pursuant to section 21 of the Federal DIATE 2050. Active Ingredients: d-trans should be given to the Federal Register Allethrin (allyl homolog of Clnerin I) Insecticide, Fungicide, and Rodenticide Section (Attn.; Mrs. Radinsky), Tech­ 3.75%; Piperonyl butoxide, technical Act (FIFRA), as amended (86 Stat. 973), nical Services Division, Office of Pesti­ 18.75%; 2-Hydroxyethyl-n-octyl sulfide notice is hereby given that the Environ­ cide Programs, Rm. E-421, 401 M Street, 35.63%; Other related compounds 1.87%; mental Protection Agency (EPA) will SW, Washington, D.C. 20460. Mrs. Petroleum distillate 2.50%. Method of Sup­ hold public hearings February 27-28, Radinsky’s telephone number is 202/755- port: Application proceeds under 2(c) of 1975, in Baton Rouge, Louisiana, and 8060. interim policy. PM17. March 3, 1975, in Washington DC, re­ EPA File Symbol 1021-RGGL. McLaughlin EPA reserves the right to schedule Gormley King Co., 8810 10th Ave., N„ M in­ garding the State of Louisiana’s applica­ testimony in such a manner as to ensure neapolis MN 55427. D-TRANS INTERME­ tion for an emergency exemption pursu­ that sufficient time is allowed for or­ DIATE 2047. Active ingredients: d -tran s ant to section 18 of the FIFRA to allow derly presentation of all substantive in­ Allethrin (aAllyl homolog of Cinerin I) the use of DDT for control of tobacco formation and for appropriate question­ 7.2%; Piperonyl butoxide, technical 32.4%; budworm on cotton this year. An an­ ing of persons presenting such infor­ N-octyl bicycloheptene dicarboximide nouncement of the receipt of this ap­ mation. 18.0%; Petroleum distillate 2.4%. Method plication is published elsewhere in The hearing in Baton Rouge will be of Support: Application proceeds under 2 today’s F ederal R egister. (c) of interim policy. PM17. held in the Conservation Hearing Room, EPA Reg. No. 1021-1016. McLaughlin Gormley Section 18 provides that the Adminis­ Natural Resource. Building, 625 North K ing Co., 1715 S. 5th St., M inneapolis MN trator “may, at his discretion, exempt 4th Street, beginning each day at 9 a m. 55414. PYROCIDE INTERMEDIATE Num­ any Federal or State agency from any The hearing in Washington, D.C„ will ber 6907 SIX MONTH MOTHPROOFER. provision of this Act if he determines be held in Room 305, Waterside Mall Active Ingredients: Pyrethrins 0.25%; that emergency conditions exist which (EPA Headquarters), 4th and M Streets, Piperonyl butoxide, technical 0.80%; N- require such exemption.” SW, beginning at 9 am . octyl bicyclopheptene dicarboximide EPA’s regulations for implementation 0.40%; Petroleum distillate 6.55%. Method Dated: February 7,1975. of Support: Application proceeds under 2 of section 18, which were issued Decem­ (c) of interim policy. PM17. ber 3, 1973 (38 FR 33303), provide that E dw in L. J ohnson, EPA Reg. No. 1021—1020. M cLaughlin G orm ­ an emergency will be deemed to exist Acting Deputy Assistant Adminis­ ley K ing Co., 1715 S. 5th St., M inneapolis when: trator for Pesticide Programs. MN 55414. PYROCIDE INTERDEMIATE 1. A pest outbreak has occurred or is [FR Doc.75-3895 Filed 2-7-75; 11:40 am] 6916 SIX-MONTH MOTHPROOFER. Active about to occur and no pesticide registered Ingredients: Pyrethrins 0.25%; Piperonyl for the particular use, or alternative butoxide, technical 1.00%; Petroleum dis­ method of control, is available to eradi­ [FRL 333-4} tillate 6.75%. Method of Support:' Appli­ cate or control the pest; cation proceeds under 2 (c) of interim pol­ LAKE MICHIGAN COOLING WATER icy. PM17. 2. Significant economic or health prob­ STUDIES PANEL EPA File Symbol 5967—RUT. Moyer Chemical lems will occur without the use of the Co., 1310 Bayshore Hghy., PO Box 945, San pesticide; and Meeting Jose CA 95108. DIBROM-SEVTN DUST No. 3. The time available from discovery Pursuant to Pub. L, 92-463, notice is 4-10. Active Ingredients: Naled (1,2-dibro- or prediction of the pest outbreak is in­ given that a meeting of the Lake Michi­ m o-2,2-dlchloroethyl dimethyl phosphate) sufficient for a pesticide to be registered gan Cooling Water Studies Panel will 4.0%; Carbaryl (1-naphthyl N-methylcar- for the particular use. bam ate) 10.0%. M ethod of S upport: Appli­ be held at 9:30 a.m. on Tuesday, Febru­ cation proceeds under 2 (c) of interim pol­ Ih determining whether emergency ary 25,1975, at the O’Hare Hilton Hotel, icy. PM16. conditions exist for the purpose of sec­ O’Hare International Airport, Chicago, EPA File Symbol 1453-UN. J. L. Prescott Co., tion 18, extensive balancing of risks and Illinois. 27 8 St., Passaic NJ 07055. DAZZLE SWIM­ benefits and a determination of “no The purpose of this meeting will be to MING POOL ALGAECIDE. Active Ingredi­ unreasonable adverse effects on the discuss the final revision of the Panel’s ents: Alkyl Dimethyl Benzyl Ammonium environment” are not required, as they Chloride (C14 60%, C12 25%, C I6 15%) program report. There will also be some 10%. Method of Support: Application pro­ are in other sections of FIFRA, as discussion of priorities and studies re­ ceeds under 2(b) of interim policy. PM24. amended. Nevertheless, consideration of garding lake wide effects.

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 NOTICES 6229

The meeting will be open to the public. ices Division (WH-569), Office of Pesti­ response to an informal request of the Any member of the public wishing to cide Programs, EPA, Room E—421, 401 M staff of the Common Carrier Bureau attend the meeting should contact the St. SW, Washington, D.C. 20460. Three (Bureau) for additional time to review Chairman, Mr. Karl E. Bremer, U.S. copies of the comments should be sub­ Transmittal No. 53, West Texas filed a Environmental Protection Agency, Re­ mitted to facilitate the work of EPA further application to defer the effec­ gion V, 230 South Dearborn Street, and others interested in inspecting the tive date from January 14, 1975 to Jan­ Chicago, Illinois 60604. The telephone documents. The comments must be re­ uary 31,1975.2 - number is 312-353-1458. ceived within 30 days from the date of 3. On December 10,1974, United Cable, Minutes of the meeting will be avail­ publication of this notice in the F ed­ Lubbock and Texas Community after able for public inspection two weeks eral R eg ister , and should bear the iden­ having an opportunity to examine the after the meeting at the EPA Region V tifying notation OPP-180034. All written additional § 61,38 information and data Office. comments filed pursuant to this notice filed by West Texas, advised the Com- will be available for public inspection m mision that they now acquiesced in the Dated: February 5,1975. the office of the Federal Register Sec­ West Texas filing and requested that F rancis T. M ayo, tion from 8:30 a.m. to 4 p.m. Monday their complaints be dismissed without Regional Administrator through Friday. prejudice. Accordingly, we will dismiss Region V. In addition, the application itself is on these pleadings without prejudice as [PR Doc.75-3894 Piled 2-7-75*11:40 am] file in the Registration Division, Office of moot. Pesticide Programs, EPA, in Room E- 4. However, on December 10, 1974 315 at the same address given above for Cablecom timely filed a petition for sus­ [FRL 331-6; QPP-180034] .the Federal Register Section. Another pension of the proposed revisions to West Texas’ Tariff and requested a full evi­ LOUISIANA copy of the application is available in the Office of the Chief, Pesticides dentiary hearing. Among other things, it Application for Specific Exemption and Branch, EPA Region VI; the address is contended that the proposed rates then Solicitation of Public Views 1600 Patterson St., Suite 1100, Dallas scheduled to become effective on Janu­ On January 24, 1975, the State of Texas 75201. Interested parties may re­ ary 14, 1975 would be increased an aver­ Louisiana applied to the Environmental view this application during regular age of 19.8 percent. It seeks the rejection Protection Agency (EPA) for a specific business hours. of the tariff amendments proposed be­ cause of alleged deficiencies and ambi­ exemption to use a pesticide formulation Dated: February 6,1975. containing DDT to control the tobacco guities in the supporting information budworm (Heliothis virescens F.) infest­ i* R ussell E. T rain, filed by West Texas in purported compli­ ing approximately 450,000 acres of cot­ Administrator. ance with the requirements of § 61.38 ton. This specific exemption, if granted, . [FR Doc.75-3896 Filed 2-7-75; 11:40 am] of our rules. Cablecom contends that the will be valid for no longer than one (1) proposal appears to be unjust, unreason­ year from the date of approval by EPA. able and discriminatory, in violation of This application is in accordance with FEDERAL COMMUNICATIONS sections 201(b) and 202(a) of the Com­ the provisions of section 18 (40 CFR Part COMMISSION munications Act (47 U.S.C. 201(b) and 166) of the Federal Insecticide, Fungi­ [FCC 75-118; Docket No. 20349] 202(a)). cide, and Rodenticide Act (FIFRA), as 5. On December 18, 1974, West Texas amended (86 Stat. 973) . Part 166 was WEST TEXAS M’CROWAVE CO. timely filed a reply to Cablecom’s peti­ issued on December 3, 1973 - (38 FR Memorandum Opinion and Order; tion for suspension of tariff and hearing. 33303), and prescribes the requirements Re Tariff Revision It contended, among other things, that for exemption of Federal and State agen­ 1. On October 2, 1974, West Texas rejection of its tariff would be inappro­ cies for the use of pesticides under Microwave Co. (West Texas) filed revi­ priate; that Cablecom’s request for sus­ emergency conditions. sions to its Tariff FCC No. 2 to become pension and hearing is erroneously based In its application, the State of Loui­ effective December 1, 1974. These revi­ on the grounds that West Texas’ rate- siana maintains that an emergency ex­ sions provide for an increase of 19.8 per­ making methodology is founded on sub­ emption permitting the use of DDT is cent in its published tariff rates for scriber population rather than actual necessary because : point-to-point microwave service to its system costs whereas its figures gen­ 1. Average cotton yields liave declined customers oh the West Texas system. erally have been based on actual costs for significantly In 1973-74 compared with tlie Petitions to suspend and/or reject the the extension of service to each cus­ average cotton yield for the' previous ten tomer. West Texas reiterated its ex­ (10) years when DDT was available. tariff were filed by United Cable Tele­ planation for the revised tariff. It al­ 2. In 1974, Louisiana was subjected to th e vision Corp. (United Cable), Cablecom- leges that at current rate levels, it pro­ worst tobacco budworm outbreak in history. General, Inc. (Cablecom), Lubbock Cable jects net losses of $18,113, $2,343, and 3. Tobacco budworm populations exhibit TV (Lubbock), and Texas Community $32,643 during 1975 through 1977, respec­ resistance to most of the alternative regis­ Antennas, Inc. (Texas Community). The tively. With the proposed revisions, net tered pesticides and the remaining registered contentions of these petitioners were alternatives are ineffective, phytotoxic, or un­ substantially similar in that it was al­ income for those years is projected at available in sufficient quantities. $52,526, $54,441 and $48,015, respec­ leged that West Texas had failed to com­ tively. As of July 1974 with a capital A total of 2.25 million pounds of DOT ply with the requirements of § 61.38 of structure of $422,000 in equity and would be needed for treatment of ap­ our rules thereby impairing the ability $2,096,000 in debt, West Texas further proximately 450,000 acres. This would of the aforementioned petitioners to as­ states that an average return to the assume that outbreak populations of certain the reasonableness of the pro­ equity holders of 12.2 percent over the tobacco budworm will occur in 1975 as posed revised tariff schedules. next three years would result. they did in 1974, and the entire acreage 2. West Texas thereupon furnished 6. Cablecom’s contentions may be will require five (5) applications of the additional information and economic summarized, in substantial part as proposed Toxaphene-DDT-Methyl Para- data required by § 61.38 of the rules and follows: thion formulation. requested permission to defer the effec­ This notice does not indicate a deci­ West Texas has (a) failed to ade­ sion by the EPA on the application. It tive date of the revised tariff to Jan­ quately explain the need for the rate has been determined that this applica­ uary 14, 1975.1 On January 9, 1975 in increase; (b) inadequately described the tion raises questions of such importance effect of the projected increase in its that public notice and opportunity for 1 Application for Special Permission Num­ traffic; Cc) imposed developmental risks public comment should be given. Accord­ ber 7462 to defer the effective date filed No­ ingly, interested parties may submit vember 14, 1974 a n d granted th e sam e day. written views on this subject to the Fed­ West Texas filed Transmittal No. 54 provid­ * Application for Special Permission Num­ eral Register Section, Technical Serv­ ing fo r an effective date of Ja n u a ry 14, 1975. ber 7520 was granted on Jan u ary 10, 1975.

FEDERAL REGISTER, VO I. 40, NO. 2 8 --M O N D A Y , FEBRUARY 10, 1975 6230 NOTICES

on its customers; and (d) submitted to the proper dispatch of business and Division and his staff will be separated questionable accounting and rate of re­ the ends of justice and promote the ob­ from the Commission, the presiding Ad­ turn analysis because of the paucity of jectives of the Act for expeditious resolu­ ministrative Law Judge, the Office of the underlying data. tions of the issues herein. 47 U.S.C. 154(j) General Counsel, and the Chief, Deputy Cablecom contends that the tariff re­ and 204. Should it develop that the pro­ Chief and all Division Chiefs of the visions are unreasonable and discrimi­ cedures which we are establishing prove Common Carrier Bureau, but are unre­ natory on their face and, therefore inadequate or result in unfairness to any stricted in their access to all other Com­ should be rejected or designated for person, orders in modification thereof mission personnel. hearing. shall be issued. 14. It is further ordered, That the fol­ 7. We disagree with Cablecom’s con­ 9. Accordingly, it is ordered, That pur­ lowing procedures will apply in this pro­ tention that West Texas filing is so suant to the provisions of sections 201, ceeding: deficient that it should be rejected. How­ 202, 203, 204, 205 and 403 of the Com­ a. The record for decision will consist ever, we believe that the matters of rate munications Act of 1934, as amended, an , of all matters submitted for the record base and rate of return raise questions investigation, hereby, is instituted into by respondent, interested persons and the that should be resolved on the basis of a the lawfulness of the tariff schedule filed -Common Carrier Bureau trial staff. In­ further record. Accordingly, we are un­ by West Texas Microwave Co. submitted terrogatories and information requests able to conclude at this time that all with Transmittal No. 53 and'into any and responses thereto shall be part of the features of the tariff revision are just subséquent revisions thereto or reissue record. Such submittals together with and reasonable and free from undue thereof. supporting documentation and workpa­ discrimination within the meaning of 10. It is further ordered, That, pursu­ pers will be available for public inspec­ Sections 201 and 202 of the Communica­ ant to the provisions of section 204, the tion as they are received. tions Act. We shall therefore designate tariff schedule filed by-The West Texas b. All matters submitted for the rec­ the revised tariff for investigation and Microwave Co. submitted with Trans­ ord, including answers to interrogatories suspend the effectiveness thereof, and mittal No. 53 is hereby suspended until and responses to information requests, enter an accounting order providing for March 17, 1975, and that West Texas, as must be identified as to sponsoring party, possible refund. However, because three to the operation of such tariff schedule, numbered consecutively and identified customers have acquiesced in the filing, shall, in the case of all increased chargés with the name of a person by whom or the carrier’s earnings position and the and until further order of the Commis­ under whose supervision the submittal protection afforded by the accounting sion, keep accurate account of all was prepared. order we are providing herein, we will amounts received by reason of such in­ c. The source of all data must be suspend the effectiveness of the subject crease, specifying by whom and in whose clearly and specifically noted. Supporting tariff revisions for fortv-five (45) days behalf such amounts were paid, and upon documents which are not readily avail­ only. On January 27,1975 a meeting was completion of the hearing and decision able and working papers must be pre­ held between the representatives of West herein, the Commission may, by further sented with the submittals to which they Texas, Cablecom and the staff to ex­ order require the refund thereof, with in­ apply. Statistical studies will be sub­ plore whether the furnishing of addi-' terest, pursuant to section 204 of the Act, mitted and supported in the form pre­ tional information by West Texas might and West Texas shall file such reports scribed in § 1.363 of the Commission’s result in the elimination of the necessity on the amounts accounted for as afore­ rules.. for a hearing or shorten any hearing said as the Chief, Common Carrier Bu­ d. < Original and five copies of all mat­ which might be required, it became ap­ reau, shall require; ters submitted for the record as well as parent that West Texas would not post­ 11. It is further ordered, That without of supporting documentations and work- pone further the effective date of its in any way limiting the scope of the in­ papers must be filed with the Commis­ proposed increases and that Cablecom vestigation, it shall include consideration sion. Part I of our rules governs as to the wanted a full 90-day suspension of the of the following: number of copies and other submissions, effective date of such increase. We be­ (1) Whether the charges, classifica­ such as briefs, pleadings and proposed lieve the possibility of achieving a set­ tions, practices, and regulations pub­ findings. Matters submitted for the rec­ tlement will be enhanced by the 45-day lished in the subject tariff are or will be ord shall be served on all parties and the suspension of the effective date of the just and reasonable within the meaning Administrative Law Judge (ALJ), proposed increased charges. This will of section 201(b) of the Act; e. Interrogatories and requests for in­ allow time for the submission of addi­ (2) Whether any such charges, prac­ formation must be filed with the Com­ tional information requested of West tices, classifications, regulations, facil­ mission and served on the ALJ and the Texas. Accordingly, we will specify that ities, or services for or in connection with parties to this proceeding. Objections to the initial filing under the procedure like communication sservice directly or interrogatories and information requests prescribed in paragraph 15a will be on indirectly will be free of any unjust or should be resolved, if possible, by imme­ or before 65 days of the release of this unreasonable discrimination and will not diate informal conferences between the result in any undue or unreasonable persons involved and the Trial Staff. If order. preference or advantage to any person or 8. In the present case, due to the na­ such persons are unable to resolve their class of persons or locality and will not differences, the ALJ shall be notified, and ture of the increases and the potential subject any particular person, class of for harm to the petitioner, Cablecom is on notification shall provide for an im­ persons or locality to any undue or un­ mediate oral conference of toe persons required to pay the rate increases to reasonable prejudice or disadvantage. West Texas during the pendency of a involved. After oral presentations by such (3) If any of such charges, classifica­ persons and the Trial Staff, the ALJ shall prolonged trial-type hearing before the tions, practices, or regulations are found Commission, we shall order that “paper” forthwith issue a ruling. Appeals from to be unlawful, whether the Commission, such rulings shall be governed by . 47 CFR proceedings be utilized to expedite the pursuant to section 205 of the Act, should resolution of this controversy. Such pro­ § 1.301 except that the ALJ shall set an prescribe charges, classifications, prac­ expedited procedure. ceedings provide for the submission of tices and regulations for the service gov­ interrogatories anJ requests for infor­ f. Requests for oral proceedings may mation, which process merges cross- erned by the tariff, and if so, what should be filed with, and acted upon, by the A U examination and the informal gathering be prescribed; and must be specific as to the issues re­ of information traditionally undertaken 12. It is further ordered, That the bur­ quiring further evidence, the persons to during the prehearing and hearing states den of proof on issues 1 and 2 above shall be cross-examined and the reason why of rulemaking proceedings. We shall pro­ be upon West Texas. such oral proceedings are required to vide that upon close of the record the 13. It is further ordered, That pursu­ avoid prejudice. Oral proceedings, if any, Administrative Law Judge assigned to ant to § 1.1209(d) of the Commission’s will be held before the A U who shall this proceeding shall issue an initial de­ rules, a sepaarted trial staff will partici­ issue an initail decision. cision. We believe the employment of the pate in this proceeding. As provided 15. It is further ordered, That the fol­ procedures noted above will best conduce therein, the Chief, Hearing and Legal lowing schedule will be adhered to:

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 No tic es 6231

a. Within 65 days of the release of this Replies thereto and shall be considered Further information concerning this order West Texas may supplement the by the ALJ in ariving at his decision. meeting may be obtained from the Ad­ materials submitted pursuant to § 61.38 Procedural requests should be addressed visory Committee Management Office. of our rules. Any such supplementation, to the ALJ who shall rule thereon unless Minutes of the meeting will be made together with the material originally a significant modification of the proced­ available for public inspection at the filed will form the evidence upon which ures here established is required in which Federal Energy Administration, Wash­ it intends to rely. At the same time West case the request should be certified to ington, D.C. Texas should place materials already the Commission. Issued at Washington, D.C. on Febru­ filed into proper form as described in Adopted: January 29, 1974. ary 6, 1975. paragraph 14 at “b” above. b. Cablecom and any other party may Released : February 4,1975. R obert E. M ontgom ery, Jr., General Counsel. file with the Commission written inter­ F ederal C ommunications rogatories for West Texas witnesses and C o m m is sio n ,3 [FR Doc.75-3822 Filed 2-7-75; 9:14 am] requests for information within 15 days following the filing of any supplement [ seal] Vin c e n t J. M u l l in s , to West Texas’ direct case. Answers to Secretary. WHOLESALE PETROLEUM ADVISORY such interrogatories and requests for in­ [FR Doc/75-3648 Filed 2-7-75; 8 :45 am i COMMITTEE formation' shall be filed within 20 days Notice of Meeting of the filing thereof. FEDERAL ENERGY ADMINISTRATION c. If necessary, further interrogatories Pursuant to the provisions of the Fed­ and requests for information may be ELECTRIC UTILITIES ADVISORY eral Advisory Committee Act (Pub. L. filed within 10 days of filing of answers COMMITTEE 92-463, 86 Stat. 770), notice is hereby to the first interrogatories and requests Meeting given that the Wholesale Petroleum Ad­ for information. Answers to such second visory Committee will hold an emergency interrogatories and requests for infor­ Pursuant to the provisions of the Fed­ meeting on Monday, February 24, 1975, mation should be filed within 10 days of eral Advisory Committee Act (Pub. L. second floor, FEA Regional Headquar­ the filing thereof. 92-463, 86 Stat. 770), notice is hereby ters—Dallas, 2626 Mockingbird Land, d. Cablecom and any other party may given that the Electric Utilities Advisory Dallas, Texas. file material in response to West Texas Committee will meet Thursday, Febru­ The Committee was established to pro­ within ten days following the filing of ary 27, 1975,. at 10 a.m„ Conference Room vide the Administrator, FEA, with expert answers to interrogatories and requests B, Departmental Auditorium, Constitu­ and technical advice concerning the for information which they have sub­ tion Avenue between 12th and 14th wholesale trade of selling heating oil, mitted in accordance with subparagraph Street NW„ Washington, D.C. residual fuel, and gasoline. (c) above*, except- that this period will The Committee was established to ad­ The purpose of the meeting is to re­ not be tolled pending resolution of con­ vise the Administrator, FEA, with respect view the President’s energy and economic flicts with regard to answers which are to general electric utilities’ aspects of in­ programs proposed in the State of the not forthcoming but contested. terests and problems related to the policy Union message of January 15, 1975. - e. Any party may serve interrogatories and implementation of programs to meet The meeting is open to the public; and requests for information on other the current and continuing national en­ however space and facilities are limited. parties filing material in response to ergy shortage. The Chairman of the Committee is em­ West Texas within 15 days of the filing The agenda for the meeting is as powered to conduct the meeting in a of such responses. Answers to such inter­ follows: fashion that will, in his judgment, fa­ rogatories and requests for information 10 a.m.—In tro d u cto ry rem arks. cilitate the orderly conduct of business. shall be filed within 20 days of the filing 10:15 a.m.—Impact of President Ford’s En­ Any member of the public who wishes thereof. ergy Program on Electric Utilities. to file a written statement with the Com­ f. Proposed Findings of Fact and Con­ 11:45 a.m.—FEA “Power Plant Reliability mittee will be permitted to do so, either Task Force Report”. , before or after the meeting. Members clusions of Law may be filed by any par­ 12:30p.m.—Lunch. ticipant within 30 days of the filing of 1:30 p m.—FEA Program to Save One MMB/D of the public who wish to make oral the last filed responses to interrogatories of Oil by 1980. statements should inform Lois Weeks, and requests for information. 2:30 p.m.-—FEA Electricity Conservation Pro­ Advisory Committee Management Of-, g. Replies to the Proposed Findings of grams. fleer, 202-961-7022 at least 5 days be­ Fact and Conclusions of Law may be 3:15 p.m.—Description of the Joint EEI/ fore the meeting and reasonable provi­ filed by any participant within 15 days EPRI/NARUC Rate and Load Manage­ sion will be made for their appearance of the filing of such findings and con­ ment Study. on the agenda. 3:45 p.m.—Summary of Comments Received clusions. on “The Industrial Response to Investi­ Due to the urgency of discussing the. 16. It is further ordered, That the gation of Electric Rates”. relation of the Administration’s energy petitions to reject or suspend filed* by 4 pun.—Closing remarks. United Cable, Lubbock, and Texas Com­ proposals and programs to the wholesale munity are hereby dismissed. The meeting is open to the public; segment of the petroleum industry, this 17. It is further ordered, That, Cable- however, space and facilities are limited. meeting is being held prior to expiration corn General’s Petition to reject is here­ The Chairman of the Committee is of the usual 15-day notice period. empowered to conduct the meeting in a by the ALJ in arriving at his decision, Further information concerning this, set for hearing is hereby granted to the fashion that will, in his judgment, facili­ extent indicated herein and otherwise tate the orderly conduct of business. Any meeting may be obtained from the Ad­ denied. member of the public who wishes to file visory Committee Management Office. , 18. It is further ordered, That West a written statement with the Committee Minutes of the meeting will be made Texas is hereby made party respondent will be permitted to do so, either before available for public inspection at the herein, and that pursuant to § 1.221(d) or after the meeting. Members of the Federal Energy Administration, Wash­ of the Commission rules Cablecom is public who wish to make oral statements ington, D.C. made a party to the proceeding. should inform Lois Weeks, Advisory 19. It is further ordered, That, upon Committee Management Officer, 202- Issued at Washington, D.C. on Feb­ closing of the record, the ALJ shall issue 961-7022 at least 5 days before the meet­ ruary 6, 1975. an initial decision. ing and reasonable provision will be R obert E. M ontgom ery, Jr., 20. Objections to the admissability of made for their appearance on the agenda» evidence may be made in Proposed Find­ General Counsel. ings of Fact and Conclusions of Law and 8 Commissioner Reid dissenting. [FR Doc.75-3623 Filed 2-7-75; 9:14. am[

FEDERAI REGISTER; VOL 40, NO. 28— MONDAY, FEBRUARY’ 10; 1975 6232 NOTICES

FEDERAL POWER COMMISSION pendente lite upon the conditions set [Docket No. E-8884] forth in our order issued January 17, CAROLINA POWER AND LIGHT CO. [Docket No. RP75-44-2] 1975, in this proceeding. ALABAMA-TEN NESSEE NATURAL GAS CO. (B) TVA’s request for additional relief Extension of Procedural Dates Order Granting Relief; Consolidating for filed January 23, 1975, in this proceed­ J anuary 31, 1975. Hearing Request for Additional Relief, ing, is hereby consolidated for purposes On January 28, 1975, Staff Counsel and Modifying Order of hearing and decision with its request filed a motion to extend the procedural for relief filed December 23, 1974. F ebruary 3,1975. dates fixed by order issued August 26, (C) The procedural dates heretofore 1974, as most recently modified by no­ By order issued January 17, 1975, we * established in our order of January 17, tice issued December 23, 1974, in the granted pendente lite a request by Ten­ 1975, is hereby modified to permit TVA above-designated matter. The motion nessee Valley Authority (TVA) for ex­ and all other parties to file their testi­ states that the parties have been noti­ traordinary relief from curtailment im­ mony on TVA’s request for additional re­ fied and have no objection. posed by its supplier, Alabama-Tennes­ lief on or before February 6,1975, and to Upon consideration, notice is hereby see Natural Gas Co. (A-T), and set for convene the hearing commencing Febru­ given that the Phase I procedural dates hearing TVA’s requestL for permanent ary 11, 1975. In all other respects, our in the above matter are modified as relief. On January 23, i975, TVA filed order of January 17,1975, remains in full follows: for additional relief in the amount of force and effect. 1,300 Mcf per day above the 5,000 Mcf Service of Staff’s testi­ per day previously granted to permit By the Commission. m ony ______Feb. 21,1975. Service of intervenor’s it to fully operate its fertilizer plant at [ seal] K e n n e t h F . P lum b, te s tim o n y ______Mar. 7,1975. Muscle Shoals, Alabama. Secretary. Service of company re­ In support of its request, TVA states [PR Doc.75-3602 Filed 2-7-75;8:45 am] b u tta l ______Mar. 21,1975. that the prior relief requested and H earing ______Apr. 1, 1975 granted only permits it to operate its (10 a.m. e .d.t.). plant at 76 percent capacity and that [Dockets Nos. RP73-98; RP73-74] the additional volumes requested will The Phase n procedural dates are permit it to operate at almost 100 per­ ALGONQUIN GAS TRANSMISSION CO. modified as follows: cent capacity, which will result in in­ Request for Approval Service of intervenor’s testim o n y ( u n ­ creased production of an ädditional 54 J anuary 31, 1975. tons of ammonia per day. The additional changed) ______;___ - Mar. 13,1975. volume requested by TVA represents a Take notice that on December 9, 1974, Service of staff’s testi­ Algonquin Gas Transmission Co. (Algon­ m ony (unchanged) ___ Apr. 1,1975. portion of the interruptible gas usage Service of company’s evi­ under its contract with A-T. TVA states quin) tendered for filing a Request for dence ______.... Apr. 17,1975. that it did not request the additional Approval to Make an Entry in Account Service of intervenor’s re­ interruptible volumes because it erro­ 439—Adjustment to Retained Earnings. b u tta l ...... May 1,1975. neously understood that we would only Algonquin’s December 9, 1974, filing H earing (un ch an g ed )— May 15, 1975 consider relief for firm gas volumes. states that on March 14, 1974, the Com­ \ (1 0 a.m. e .d .t.). On January 24, 1975, A-T filed its mission issued an order in Docket No. K en n e t h F . P lu m b, answer to TVA’s additional request for RP73-98 approving a settlement agree­ Secretary. relief reiterating its contention that any ment and providing for refunds of relief granted to TVA should contain $750,273.79 applicable to the period year [PR Doc.75-3604 Piled 2-7-75; 8 :45 am ] a concommitant grant of relief to it 1973. Algonquin further states that on from its supplier’s curtailment. How­ September 24, 1974, the Commission is­ [Rate Schedule Nos. 28, et al.] ever, A-T has not filed for such relief sued an order in Docket No. RP73-74 ap­ and, as stated in our January 17th order proving Algonquin’s rate increase in part CHAMPLIN PETROLEUM CO.f et al. in this proceeding, it would be inappro­ and providing for refunds of $214,946.59 Rate Change Filings applicable to the year 1973. Finally, Al­ priate to condition any relief granted J anuary 30, 1975. to TVA as suggested by A-T. gonquin states that as required by Ac­ The grant of TVA’s request pendente count 439, its December 9,1974, filing re­ Take notice that the producers listed lite is justified for the same reasons that quests Commission approval of an entry in the Appendix attached hereto have we granted interim relief initially in this by which Account 439 will be charged filed proposed increased rates to the ap­ with the above enumerated refunds less plicable area new gas or national ceiling proceeding as set forth more specifically based on the interpretation of vintaging in our order of January 17, 1975. The the related income taxes applicable to additional relief requested by TVA as 1973 revenues and operations. concepts set forth by the Commission in granted herein pendente lite will not Any person desiring to be heard or to its Opinion No. 699-H, issued Decem­ protest said filing should file a petition to ber 4, 1974. jeopardize service to the residential and The information relevant» to each of commercial consumers on A-T’s system. intervene or protest with the Federal Power Commission, 825 North Capitol these sales is listed in the Appendix. The Commission finds: (1) Good cause Any person desiring to be heard or to exists to grant additional relief to TVA Street, NE., Washington, D.C. 20426, in accordance with sections 1.8 and 1.10 of make any protest with reference to said as requested by it in its filing of Jan­ filing should on or before February 12, uary 23, 1975, as hereinafter ordered the Commission’s rules of practice and procedure (18 CFR 1.8, 1.10). All such 1975, file with the Federal Power Com­ and conditioned. mission; Washington, D.C. 20426, a peti­ (2) The requests for relief filed bypetitions or protests should bg filed on or before February 21,1975. tion to intervene or a protest in accord­ TVA on December 23, 1974, and on ance with the requirements of the Com­ January 23,1975, contain common ques­ Protests will be considered by the Com­ mission’s rules of practice and procedure tions of law and fact and therefore, mission in determining the appropriate (18 CFR 1.8 or 1.10). All protests filed good cause exists to consolidate for pur­ action to be taken, but will not serve to with the Commission will be considered poses of hearing and decision the re­ make protestants parties to the proceed­ by it in determining the appropriate ac­ quests for extraordinary relief filed in ing. Any person wishing to become a tion to be taken but will not serve to party must file a petition to intervene. make the protestants parties to the pro­ this proceeding by TVA on December 23, ceeding. Any party wishing to become 1974, mid on January 23, 1975, and to Copies of this filing are on file with the a party to a proceeding or to participate modify our order of January 17, 1975, Commission and are available for public as a party in any hearing therein must as hereinafter ordered. inspection. file a petition to intervene in accordance The Commission orders: (A) The ad­ K e n n e t h F . P lu m b, with the Commission’s rules. Secretary. ditional relief requested by TVA in Its K e n n e t h F . P lu m b, petition filed January 23, 1975, is granted [PR Doc.75-3603 Piled 2-7-75;8 :45 am] Secretary.

FEDERAL REGISTER, VOL. 40, NO . 28— M O NDAY, FEBRUARY 10, 1975 NOTICES 6233 termining the appropriate action to be Rate Filing date Producer schedule Buyer Area taken, but will not serve to make pro­ No. testants parties to the proceeding. Any person wishing to become a party must Jan. 10,1975 Champlin - Petroleum Co., P.O. Box 28 Cities Service Gas Co_____ Hugoton- file a petition to intervene. Copies of this 9365. Fort Worth, Tex. 76107. Anadarko. application are on file with the Commis­ Jan. 13,1975 Amoco Production Co., P.O. Box 3092, 186 Tennessee Gas Pipeline Co-. Texas Gulf Coast. Houston, Tex. 77001. sion and are available for public inspec­ Do...... Texaco, Inc., P.O. Box 60252, New 463 Columbia Gas Transmis­ South Louisiana. tion. Orleans, La. 70160. sion Corp. Jan. 17,1975 Union Texas Petroleum, a division of 63 Texas . Gas Transmission Do. K enneth F. P lumb, Allied Chemical Corp., P.O. Box 2120, Corp. Secretary. Houston, Tex. 77001. Do...... Shell Oil Co., P.O. Box 2099, Houston, 13 National Fuel Gas Supply Texas Gulf Coast. [FR Doc.75-3639 Filed 2-7-75;8:45 am] Tex. 77001. Corp. Jan. 20,1975 Amoco Production Co...... 1___ 51 Natural Gas Pipeline Co. of Do. America. Do...... do...... ______80 ___ do..______Do. [Docket No. E-9234] D o -...... J. D. Burke, P.O. Box 1336, Corpus 3 Texas Eastern Transmis­ Do. Christi, Tex. 78403. sion Corp. KENTUCKY UTILITIES CO. Do...... - .....d o ...... 4 ___ do...... Do. Do...... Exxon Corp., P.O. Box 2180, Houston, ’ 489 Columbia Gas Transmis­ South Louisiana. Proposed Change in Rate Tex. 77001. sion Corp. D o...... Terra Resources, Inc., P.O. Box 2329, 1 El Paso Natural Gas Co___ Permian Basin. J anuary 31,1975. Tulsa, Okla. 74101. D o..:.— Pennzoil Producing Co., 900 Southwest 92 United Gas Pipe Line Co.'-. Other Southwest. Take notice that Kentucky Utilities Tower, Houston, Tex. 77002. Co. (KU Co.) on January 29, 1975 ten­ Do...... Burmah Oil & Gas Co., Golden Center 35 'Lone Star Gas Co...... Do. 1, 2800 North Loop West, P.O. Box dered for filing Amendment No. 2 dated 94193, Houston, Tex. 77018. October 10, 1974, to the Kentucky- Indiana Pool Planning and Operating [PR Doc.75-3490 Filed 2-7-75;8:45 am] Agreement between Kentucky Utilities Co., East Kentucky Power Cooperative, Inc., Indianapolis Power & Light Co. and [Docket No. RP75-39] (C) The Secretary shall cause promptPublic Service Company of Indiana, Inc., EL PASO NATURAL GAS CO. publication of this order in the Federal dated July 9, 1971. An effective date of R egister. March 1,1975 is requested. Order Granting Late Interventions By the Commission. The primary purposes of the proposed F ebruary 3,1975. Amendment No. 2 is to amend certain By petition received January 15, 1975, [seal] K enneth F. P lumb, definitions in section 2 of Service Sched­ The People of. the State of California Secretary. ule B—Unit Power and provide for a new (People) and the Public Utilities Com­ [FR Doc.75-3605 Filed 2-7-75;8:45 am] Service Schedule C—Back-Up Power and mission of California (PUCC) requested amend Service Schedule F—Short Term intervention in the El Paso Natural Gas Power. The demand charge in Service Co. (El Paso) rate filing in this docket. [Docket No. E—9233] Schedule C and F would be changed from Notice of the filing in this docket was INDIANA AND MICHIGAN ELECTRIC CO. $0.35 to 0.45 per KW per week. Other issued on December 31, 1974, with pro­ minor changes in wording and provisions tests and petitions due on or before Tariff Change are contained in the proposed Service January 6,1975. F ebruary 5, 1975. Schedule C and F. The People and PUCC state that the Take notice that Indiana and Michi­ Any person desiring to be heard or to reason for this out-of-time filing stems gan Electric Co. (I&M), on January 29, protest said application should file a peti­ from the slow course of the mail to the 1975, tendered for filing proposed tion to intervene or protest with the Fed­ West Coast. They further state that their changes in its FPC Rate Schedule No. 27 eral Power Commission, 825 North Cap­ untimely intervention in no way prej­ applicable to service rendered by I&M to itol Street, NE., Washington, D.C. 20426, udices or delays the RP75-39 rate pro­ the City of Anderson, Indiana (Ander­ in accordance with §§ 1.8 and 1.10 of the ceeding. son) . According to I&M, the proposed Commission’s rules of practice and pro­ The Commission finds: Participation changes would increase revenues from cedure (18 CFR 1.8, 1.10). All such peti­ by People and PUCC in this proceeding Anderson by $633,621 if the proposed in­ tions and protests should be filed on or may be in the public interest and good creases had been in effect for the twelve- before February 18,1975. Protests will be cause exists for permitting such inter­ month period ending December 1974. considered by the Commission in deter­ vention. I&M states that the proposed changes mining the appropriate action to be The Commission orders: (A) The implement the contractual obligations as taken, but will not serve to make Pro­ above-named petitioners are hereby per­ set forth in the Service Agreement be­ testants parties to the proceeding. Any mitted to intervene in.this proceeding, tween I&M and Anderson and have been person wishing to become a party must subject to the rules and regulations of authorized by the decision of the United file a petition to intervene. Copies of this the Commission: Provided, however, that States Court of Appeals for the District application are on file with the Com­ the participation of such intervenors of Columbia Circuit in Richmond Power mission and are available for public shall be limited to matters affecting & Light v. FPC, 481 F. 2d 490 (1973). I&M inspection. rights and interests specifically set forth states further that copies of the filing K enneth F. P lumb, in the respective petitions to intervene, were served upon Anderson and upon Secretary. and Provided, further, that the admis­ its counsel, as well as upon the Public sion of such intervenors shall not be con­ Service Commission of Indiana. [FR Doc.75-3606 Filed 2-7-75;8 :45 am ] ' strued as recognition by the Commission Any person desiring to be heard or to that they, or any of them, might be ag­ protest said application should file a pe­ [Docket No. E-8547] grieved because of any order or orders is­ tition to intervene or protest with the sued by the Commission in this proceed­ Federal Power Commission, 825 North MISSOURI EDISON CO. ing. Capitol Street NE., Washington,, D.C. Order Approving Settlement Agreement (B) The late interventions granted20426, in accordance with §§ 1.8 and 1.10 herein shall not be the basis for delaying of the Commission’s rules of practice and F ebruary 3, 1975. - or deferring any procedural schedules procedure (18 CFR 1.8, 1.10). All such At issue in this proceeding is a pro­ heretofore established for the orderly petitions or protests should be filed on posed settlement agreement between the and expeditious disposition of this pro­ or before February 19,1975. Protests will Missouri Edison Co. (ME) and the Staff ceeding. be considered by the Commission in de­ of the Federal Power Commission. This

FEDERAL REGISTER, VOL. 40, NO . 28— M O NDAY, FEBRUARY 1Ö, 1975 6234 NOTICES agreement was filed on November 19, sions of this order and the approved considered by the Commission in deter­ 1974, by ME and notice was issued on settlement agreement. mining the appropriate action to be November 26, 1974, with provision for (C) This order is without prejudice to taken, but will not serve to make pro­ comments, to be filed on or before De­ any findings or orders which have been testants parties to the proceeding. Any cember 11,1974. The only comments filed made or which will hereafter be made by person wishing to become a party must in this docket were by the Staff support­ the Commission, and is without prejudice file a petition to intervene. Copies of this ing the settlement agreement. to any claims or contentions which may filing are on file with the Commission The proposed settlement agreement be made by the Commission, its staff, or and are available for public inspection. relates to ME’s filing of December 12, any party or person affected by this order, 1973, as completed on January 18, 1974, in any proceeding now pending or here­ K en n e t h F . P lu m b, revising their FPC Electric Tariff sheets after instituted by or against ME or any Secretary. pertaining to the City of Clarksville, person or party. [FR Doc.75-3608 Filed 2-7-75;8:45 am] Missouri. The revised sheets were filed by' (D) The Secretary shall cause prompt ME for the purpose of effecting a gen­ publication of this order to be made in [Docket NTo. E-8954] eral revenue increase of approximately the F ederal R eg ister. $3,337 annually. On February 15, 1974, By the Commission. NEW ENGLAND POWER CO. the Commission entered an order accept­ Order Accepting Unit Sales Agreements ing the filing and suspending said pro­ [se a l ] K e n n e t h F . P lu m b, for Filing posed increase until February 19,1974, at Secretary. F ebruary 3,1975. which time the proposed increased rates [FRf Doc.75-3607 Plied 2-7-75;8:45 am ] became effective, subject to refund. Fol­ On August 2, 1974, New England lowing discussions among the parties, the Power Company (NEPCO) tendered1 for settlement was filed on November 19, [Docket No. RP74-100; PGA75-7] filing initial unit sales agreements which 1974. provide for the purchase by Vermont The proposed settlement agreement NATIONAL FUEL GAS SUPPLY CORP. Electric Power Co. of 40,000 KW of includes a summary cost of service study Filing of Tariff Sheets power and by Hew Bedford Gas & Edi­ flowing through the settlement rates ap­ J anuary 31, 1975. son of 50,000 KW of power from proved by the Commission in Docket Nos. NEPCO’s Bear Swamp Project.3 This E-7571, E-7572, and E-8215. This cost of Take notice that on January 27,*1975, filing was completed in accordance with service study indicates that ME’s pro­ National Fuel G-as Supply Corp. (Na­ the Commission’s Regulations on Sep­ posed increase of $3,337 based on the test tional Fuel) tendered for filing Alternate tember 6,1974,* pursuant to a letter from period ending September 30,1973, is jus­ First Interim Revised Sheet No. 4; the Secretary enumerating various defi­ tified. The proposed agreement also in­ Schedule A—Statement to. Adjust Base ciencies. cludes a revised fuel adjustment clause Cost of Gas Pursuant to Commission The contracts provide that they shall which complies with the Commission’s Order Issued January 10, 1975 at Docket become effective on the date of com­ regulations. No. RP74-100, PGA75-3; and Revised mercial operation of the first of the two The following results summarize the Sheets 1 and 2 of section 17 Test for units at NEPCO’s Bear Swamp Project significant results of the settlement cost Change in Sales Rates. National Fuel and that they shall terminate on Oc­ of service.1 states that such were submitted in re­ sponse to a Commission order issued tober 31, 1977. By letter dated October Test period: Clarksville 18, 1974, this Commission was advised Year ending Sept. 30, 1973: January 10, 1975, in Docket No. RP74- that the first unit was declared to be in Revenue at proposed rates_____ $68, 856 100, PGA75-3. In addition, National Fuel commercial operation at 11:59 P.M. on Revenue under prior rates_____ $65, 519 tendered for filing Alternate Second In­ September 30,1974. Proposed increase______$3, 337 terim Revised Sheet No. 4; .Revised Increase (percent)______5.09 Sheets 1 and 2 of section 17 Test for Notice of NEPCO’s filing was issued Rate of return at proposed rates Change in Sales Rates; Alternate First on August 15,1974, with protests or peti­ (percent) ______5.72 tions to intervene due on or before Revised Sheet No. 4; and Alternate Orig­ August 23, 1974. No protests or petitions Our review of the proposed settlement inal Sheet No. 35. National Fuel states were received. agreement, as well as the entire record that these latter submissions were filed Our review of NEPCO’s filing and the in this proceeding indicates that the pro­ as a result of reducing the effective pur­ issues raised therein indicates that the posed settlement represents a reasonable chased gas adjustment (PGA) from proposed charges have not been shown resolution of the issues raised by the fil­ 5.900 to 5.790 pursuant to Commission to be just and reasonable and may be ing, is in the public interest, and should order. unjust, unreasonable, excessive, unduly therefore be approved and made effective National Fuel states that all of the discriminatory, preferential or otherwise as hereinafter ordered and conditioned. above changes reflect the elimin.iuicr. of unlawful. Accordingly, we shall establish The Commission finds: Approval of the all costs associated with manufactured hearing procedures under section 206 of settlement agreement filed by ME on No­ gas from the average base cost of gas ar. 1 the Federal Power Act to determine the vember 19, 1974, in this proceeding is PGA adjustment. All sheets are proposed justness and reasonableness of NEPCO’s reasonable and appropriate in the public to become effective as of February 1, filing. interest in carrying out the provisions of 1975, and National Fuel requests waiver With respect to the transmission cal­ the Federal Power Act. of any of the Commission’s rules and culations contained in the agreement, The Commission orders : (A) The set­ regulations as may be required to permit NEPCO states that the NEPOOL Execu­ tlement agreement filed on November 19, such an effective date. tive Committee has recently approved 1974, by ME is incorporated herein by National Fuel states that copies of its the NEPOOL Rules for determination of reference, approved and made effective filing have been mailed to all purchasers PTF (pool transmission facilities) costs. as provided by the provision of the settle­ and interested state commissioners. NEPCO advises that it is in the process ment agreement. Any person desiring to be heard or to of calculating its PTF costs based on (B) Within 30 days of the date of is­ protest said filing should file a petition these rules and will refile its transmis­ suance of this order, ME shall file revised to intervene or protest with the Federal sion costs to be used in the Bear Swamp tariff sheets consistent with the provi- Power Commission, 825 North Capitol Project contracts as soon as this study Street, NE., Washington, D.C. 20426, in 1 Data are taken from Attachment A of accordance with §§ 1.8 and 1.10 of the 1 Letter dated July 31,1974. ME’s settlement agreement attachments. See Commission’s rules of practice and pro­ ! The Project is a pumped storage hydro­ also Appendix A to this order, filed as part of cedure (18 CFR 1.8, 1.10). All uch peti­ electric development located on the Deer­ the original document, for the settlement tions or protests should be filed on or field River in Massachusetts. capitalization. before February 10,1975. Protest* will be * Letter dated September 3,1974.

FEDERAL REGISTER, V O L 40, NO. 28— M O ND AY, FEBRUARY 10, 1975 NOTICES 6235 is finalized. The PTF costs are currently [Docket No. E-9229] person wishing to become a party must file a petition to intervene. Copies of this under investigtaion in Docket No. E- NORTHERN STATES POWER CO. 7690 (PTF Cost Rules). Since the trans­ application are on file with the Com­ mission charge in the instant submittal Filing of Short Term Power Agreement mission and are available for public is in part based on NEPOOL Rules for J anuary 31,1975. inspection. determination of PTF costs, any changes K enneth F. P lumb, Take notice that Northern States Secretary. in the method of determining the PTF Power Co. (Northern States), on Janu­ costs resulting from the proceedings in ary 24, 1975, tendered for filing, a Short [FR Doc.75-3640 Filed 2-7-75;8 :45 am] Docket No. E-7690 should be made ap­ Term Power Agreement dated Janu- plicable to the subject rate schedules. uary 17, 1975, with the City of Lake 'Docket Nos. RP71-119; RP74-31-25] The Commission finds. It is necessary Crystal. and proper in the public interest and to The Agreement provides for either PANHANDLE EASTERN PIPE LINE CO. aid in the enforcement of the provisions party to purchase Short Term Power AND OKIE PIPE LINE CO. of the Federal Power Act that the Com­ from the other for periods of seven days Order Granting Conditional Temporary Ex­ mission enter upon a hearing concerning or longer as agreed in advance. The rates traordinary Relief Setting Matters for the lawfulness of the charges contained for these transactions are contained in Hearing, Granting Interventions and in NEPCO’s initial unit sales agreements § 1.06. Northern States requests an ef­ Prescribing Procedures in this docket. fective date of March 3, 1975. F ebruary 3, 1975. The Commission orders. (A) NEPCO’s Any person desiring to be heard or to. initial unit sales agreements, filed on protest said application should file a pe­ On January 8,1975, Okie Pipe Line Co. August 2, 1974, in this docket are hereby tition to intervene or protest with the (Okie), filed a petition pursuant to § 1.7 accepted for filing to be effective Sep­ Federal Power Commission, 825 North of the Commission’s rules for emergency tember 30,1974, subject to the terms and Capitol Street NE., Washington, D.C. relief from the natural gas curtailments conditions of this order. 20426, in accordance with §§ 1.8 and 1.10 imposed by Panhandle Eastern, Pipe Line (B) Pursuant to authority of the Fed­ of the Commission’s rules of practice and Co. ¿Panhandle), upon Okie under the eral Power Act, particularly section 206 procedure (18 CFR 1.18, 1.10). All such presently effective 467-B interim curtail­ thereof, and the Commission’s rules and petitions and protests should be filed on ment plan filed by Panhandle with the regulations (18 CFR, Chapter I ) , a hear­ or before February 14, 1975. Protests Commission on November 6,1973. ing for purposes of cross-examination will be considered by the Commission in Okie asserted in its petition that it concerning the lawfulness and reason­ determining the appropriate action to had been advised by Panhandle that it ableness of the charges in NEPCO’s in­ be taken, but will not serve to make pro- would be completely curtailed during the itial unit sales agreements filed on Au­ testants parties to the proceeding. Any month of December 1974, and that it was gust 2, 1974, shall be held commencing person wishing to become a party must subsequently afforded emergency relief on June 24, 1975, at 10 a.m., e.d.t., in a file a petition to intervene. Copies of this by Panhandle for a period of 60 days hearing room of the Federal Power Com­ application are on file with the Commis­ commencing December 1, 1974, on the mission, 825 North Capitol Street NE., sion and are available for public in­ condition that it renav all the emergency Washington, D.C. 20426. spection. volumes provided. Okie contends that the (C) On or before April 29,1975, NEPCO K enneth F. P lumb, prospects of its acquiring any natural shall serve its prepared testimony and Secretary. gas during February and the remaining exhibits. The Commission Staff shall months of the winter are not bright and serve its prepared testimony and exhibits [FR Doc. 75-3610 Filed 2-7-75;8 :45 am] evidently feels that it will encounter op­ on or before May 13, 1975. Any inter- erational problems due to its inability to venor evidence will be filed on or before obtain gas. It thus feels that it will not May 27, 1975. Any rebuttal evidence by [Docket No. E-9213] have the gas supply needed to repay the NEPCO shall be served on or before NORTHERN STATES POWER CO. emergency relief volumes taken from June 10, 1975. Panhandle. It urges that the permanent (D) A Presiding Administrative Law Filing of Short Term ?ower Agreements emergency relief that it requests is war­ Judge to be designated by the Chief Ad­ F ebruary 5,1975. ranted. ministrative Law Judge for that purpose Take notice that on January 13, 1975, Okie operates a gas liquids pipeline (see Delegation of Authority, 18 CFR Northern States Power Company that has a pumping station located at 3.5(d)) shall preside at the hearing in (Northern States) tendered for filing Liberal, Kansas. The station has a stand­ this proceeding, shall prescribe relevant Short Term Power Agreements with the by natural gas powered ¡engine used to procedural matters not herein provided, following wholesale customers: pump liquids in the evert of failure of and shall control this proceeding in ac­ City of Delano: dated December 26, 1974. primary electric pumps. Okie also owns cordance with the policies expressed in City of Glencoe: dated December 16, 1974. homes at Liberal Station used by com­ City of Janesville: dated January 2, 1975. pany employees, each of which relies the Commission’s rules of practice and City of LeSueur: dated November 25, 1974. upon natural gas from Panhandle for procedure. City of M adelia: dated Jan u ary 2, 1975. heating and cooking. (E) Any changes in the method of de­ Each agreement provides either party Okie indicated that its annual require­ termining the PTF costs resulting from to purchase short term power from the ments and monthly natural gas usages the proceedings in Docket No. E-7690 other for periods of seven days or longer were as follows: shall be made applicable to the subject as agreed in advance at rates contained in § 1.06. Heating Operating rate schedules. residences industrial (F) Nothing contained herein shall be Northern States requests an effective and offices engines date of February 15,1975. construed as limiting the rights of par­ Any person desiring to be heard or to December 1974___ 700 2,300 ties to this proceeding regarding the protest said application should file a pe­ January 1975_____ » 1,000 2,500 convening of conference or offers of set­ tition to intervene or protest with the February 1975...... 800 1,800 March 1975______800 2,500 tlement pursuant to § 1.18 of the Com­ Federal Power Commission, 825 North April 1975...... fiOO 1,100 Capitol Street NE., Washington, D.C. May 1975...... 500 1,000 mission’s rules of practice and procedure. June 1975...... 800 1,100 (G) The Secretary shall cause prompt 20426, in accordance with §§ 1.8 and 1.10 July 1975------...... 300 1,200 of the Commission’s rules of practice and August 1975...... - 300 900 publication of this order in the F ederal procedure (18 CFR 1.8, 1.10). All such September 1975___...... 450 1,650 R egister. October...... 450 2,050 petitions and protests should be filed on November 1975__ 450 1,950 By the Commission. or before February 13, 1975. Protests will December 1975___ 700 2,200 be considered by the Commission in de­ [seal] K enneth F. P lumb, termining the appropriate action to be 1 Okie indicates its January requirements are 100 Mef Secretary. for this usage. From the other figures presented it seems taken, but will not serve to make P ro­ that it had intended to reflect a usage of 1,000 Mcf for that [FR Doc.75-3609 Filed 2-7-75; 8:45 am] testants parties to the proceeding. Any month.

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 6236 NOTICES

The space, heating needs depicted by (3) This grant shall be effective until Interim Arrangement for Interconnected Okie on an average daily basis are well a final curtailment plan is established- Operations (Navajo Interconnection under 50 Mcf per day and therefore for Panhandle Eastern Pipeline Co. in Principles), and a September 13, 1974, qualify for incorporation into Category Docket No. RP71-119. Amendment No. 1 to the Navajo Inter­ No. 1 on the basis of the information con­ (4) This grant shall be effective as connection Principles between the United tained in Okie’s petition. Okie should be long as the volumes provided for herein States of America, Arizona Public Service afforded the relief it seeks to meet these are delivered to Okie Pipe Line Co. Co., Department of Water and Power of requirements on a temporary basis, pen­ (C) Pursuant to the authority con­ the City of Los Angeles, Nevada Power dente lite, to the extent that these re­ tained in and subject to the authority Co., Salt River Project Agricultural Im­ quirements are being fully or partially conferred upon the Federal Power Com­ provement and Power District' Tucson curtailed by Panhandle. mission by the Natural Gas Act, par­ Gas & Electric Co., and Edison. Okie should not be afforded the relief ticularly sections 4, 5, 15, and 16 thereof, Edison states that the terms of the Na­ it seeks, pendente lite, for an exemption the Commission’s rules of practice and vajo Interconnection Principles provide from curtailment to meet the full re­ procedure, and the regulations under the for the sale and purchase of emergency quirements of its standby natural gas Natural Gas Act, a public hearing shall energy between the parties on a cash set­ powered engine that is used in‘the event be held commencing on March 24, 1975, tlement basis. Edison further states that of failure of primary electric pumps. The at 10 a.m. (e.s.t.) in a hearing room of Amendment No. 1 establishes energy re­ volumes requested for this purpose the Federal Power Commission, 825 North turn at the option of the supplier as an should be made available to Okie by Pan­ Capitol Street NE., Washington, D.C. alternate method of payment to settle­ handle prior to a final determination of 20426, concerning the application for ment in cash for emergency service. this proceeding only in the event that interim and permanent extraordinary A waiver of the notice provisions of Okie loses the operation of its electric relief filed in this proceeding by Okie the Commission’s regulations and an ef­ pumps due to a power interruption and Pipe Line Co. fective filing date of June 1, 1973, are this relief should be afforded only during (D) An Administrative Law Judge to requested. the period of such power interruption. be designated by the Chief Administra­ Any person desiring to be heard or to Okie should immediately advise Pan­ tive Law Judge for that purpose [see make any pretest with reference to said handle of such an occurrence by the most Delegation of Authority, 18 CFR § 3.4 application should on or before Febru­ expeditious means available to it. After (d) 1 shall preside at the hearings in this ary 14, 1975, file with the Federal Power the termination of such an occurrence consolidated proceeding and shall pre­ Commission, Washington, D.C. 20426, Okie shall file a report with Panhandle scribe relevant procedural matters not petitions to intervene or protest in ac­ indicating the exact duration of such herein provided. cordance with the requirements of the a power interruption. (E) All parties including interveners Commission’s rules of practice and proce­ The petition filed by Okie for per­ and staff will file and serve on all other dure (18 CFR 1.8 or 1.10). All protests manent relief from Panhandle’s cur­ parties their direct evidence and testi­ filed with the Commision will be consid­ tailment plan raised legal and factual mony on or before February 25, 1975. ered by it in determining the appropri­ issues that require development in an (F) Cross-examination shall com­ ate action to be taken but will not serve evidentiary proceeding, including the ex­ mence on March 24,1975. to make the protestants parties to the tent to which Okie may be required to (G) Petitioners seeking permission to proceeding. .Persons wishing to become pay back any relief volumes taken by it. intervene in the proceeding entitled Pan­ parties to a proceeding or to participate We will, therefore, set its petition for ex­ handle Eastern Pipeline Co. (Okie Pipe as a party in any hearing therein must traordinary relief for formal hearing. Line Co.) in Docket No. RP74-31-25 file petitions to intervene in accordance The petitioners seeking intervention along with all other parties previously with the Commission’s rules. The appli­ have already been permitted to inter­ granted intervention in the proceeding cation is on file with the Commission and vene in the proceeding relating to a per­ entitled Panhandle Eastern Pipeline Co. is available for public inspection. manent curtailment plan for Panhandle in Docket No. RP71-119 are permitted to in Docket No. RP71-119. Since many of intervene in and participate in the above- K enneth F. P lumb, the parties in the latter docket may also styled proceeding relating to the petition Secretary. wish to participate herein, they shall also for extraordinary relief filed by Okie [FR Doc. 75-3612 Filed 2-7-75:8:45 am] be deemed parties in Docket No. RP74- Pipe Line Co. in Docket No. RP74-31-25 31-25 with all of the attendant rights subject to the rides and regulations of attached thereto. However, in order to the Commission: Provided, however, {Docket Nos. RP72-74, RP74-6. RP73-6] maintain orderly procedures any inter­ That the participation of such interven­ SOUTHERN NATURAL GAS CO. AND vener desiring to record objections and MISSISSIPPI RIVER TRANSMISSION ers shall be limited to matters affecting CORP. protests to the requested relief must file rights and interests specifically set forth a formal protest to the notice of the Order Reopening Proceedings and Requir­ petition stating with particularity the in their petitions, to intervene: Pro­ ing Environmental Impact Statements nature of its objections. vided, further. That the admission of The Commission orders. (A) The peti­ such interveners shall not be construed as F ebruary 3, 1975. tion for extraordinary relief filed by recogniton by the Commission that sub­ In two separate proceedings captioned Okie Pipe Line Co., is granted to the ject intervener might be aggrieved be­ above, the Presiding Administrative Law extent indicated above, on a temporary Judges have certified the following ques­ basis, pending notice and hearing. cause of any order or orders issued by tion to the Commission for disposition:1 (B) The grant of temporary relief in the Commission in this proceeding! ordering paragraph (A) is conditioned as By the Commission. 1 Administrative Law Judge Max Kane sub­ follows: mitted this question, filed on January 15, (1) That Okie Pipe Line Co. shall be rsEAL] K enneth F . P lumb, 1975, in Docket No. RP73-6, a proceeding required to repay any volumes of gas Secretary. concerning Mississippi River Transmission taken under this grant as may be deter­ {FR Doc.75-3611 Filed 2-7-75;8:45 am] Corporation’s (MRT) currently effective curtailment plan. An essentiaUy similar sub­ mined appropriate in any final deter­ m ission was also filed on Jan u ary 15. 1975, mination rendered by the Commission in {Docket No. E-9230] by Administrative Law Judge Nahum Litt, this proceeding. presiding over the Southern Natural Gas Co. (2) Okie Pipe Line Company’s usage SOUTHERN CALIFORNIA EDISON CO. proceeding, Docket Nos. RP72-74' and RP74— Filing of Application end Request for 6. We note that in Docket No. RP73-6 3AF of the gas granted hereunder for space Corp., on Ju n e 20, 1975, filed a m otion re­ heating shall be considered as Category Waiver questing an immediate decision on the law­ 1 and shall be subject to curtailment J anuary 31, 1975. fulness of MRT’s permanent curtailment plan prior to consideration of the envir n- along with other Category 1 require­ Take notice that on January 27, 1975, mental impact issue. We will consider this ments. All other usage shall be considered Southern California Edison Co. (Edison) request after the period for the filing of as being in Category 2. tendered for filing a September 30, 1969, objections has expired.

FEDERAL REGISTER, V O L 40, NO. 28— M O ND AY, FEBRUARY 10, 1975 NOTICES 6237

Should the proceedings In Docket * * * appointed parties”, and that this Com­ dictional sales of natural gas, as set forth involving a determination of the justness mission “should not pour an inordinate in Appendix A hereof. and reasonableness of a permanent curtail­ amount of its resources into environ­ ment plan filed by * • * be reopened for mental forecasting.” The proposed changed rates and the limited purpose of permitting the Staff charges may be unjust, unreasonable, of the Commission to prepare, circulate and The Commission finds. The permanent file an environmental Impact sta ement in curtailment plans proposed by MRT and unduly discriminatory, or preferential, accordance with section 102(2) (c) of NEPA? Southern should be the subjects of envi­ or otherwise unlawful. ronmental impact statements and, if any In both proceedings the applicants, party desires cross-examination thereon, The Commission finds. It is in the pub­ Mississippi River Transmission Corp. of reopened hearings before the Presid­ lic interest and consistent with the Nat­ (MRT) and Southern Natural Gas Co. ing Administrative Law Judges, so that ural Gas Act that the Commission enter (Southern), have filed permanent cur­ the requirements of the National Envi­ upon hearings regarding the lawfulness tailment plans; and exhaustive hearings ronmental Policy Act, as construed in on the lawfulness of these plans have of the proposed changes, and that the State of Louisiana v. F.P.C. can be met. supplements herein be suspended and been" conducted. The cases have been The Commission orders. These two fully submitted to the Presiding Admin­ proceedings are reopened so that all steps their use be deferred as ordered below. istrative Law Judges for decision. ’How­ necessary may be taken to insure compli­ The Commission orders. (A) Under the ever, both Administrative Law Ju .ges ance with the National Environmental Natural Gas Act, particularly sections have determined that the respective rec­ Policy Act, as construed in State of Lou­ 4 and 15, the regulations pertaining ords now before them are inadequate and isiana v. F.P.C. In each proceeding the do not contain all of the information thereto [18 CFR, Chapter I], and the Final Environmental Impact Statement Commission’s rules of practice and pro­ which is necessary for the preparation prepared by the Staff shall be made a of environmental impact statements. part of the record, and if any party de­ cedure, public hearings shall be held We have concluded that the Commis­ sires to conduct cross-examination there­ concerning the lawfulness of the pro­ sion Staff must prepare and circulate on, an opportunity will be afforded. In posed changes. environmental impact statements evalu­ that event, a further public hearing with ating these two proposed curtailment (B) Pending hearings and decisions respect to the Final Environmental Im­ thereon, the rate supplements herein plans, and that the above captioned pro­ pact Statement shall be held before the ceedings must be reopened for this lim­ Presiding Administrative Law Judge in are suspended and their use deferred ited purpose. This conclusion is com­ until date shown in the “Date Suspended Washington, D.C., commencing on such pelled by the recent decision of the Until” column. Each of these supple­ Court of Appeals for the Fifth Circuit in date as he may, in his discretion State of Louisiana v. F.P.C., No. 73-3478, prescribe. ments shall become effective, subject to decided November 8, 1974; in hicL en­ refund, as of the expiration of the sus­ vironmental impact statements were By the Commission. pension period without any further ac­ held to be a necessary ingredient in our [sea l] K e n n e t h F . P lu m b, tion by the Respondent or by the Com­ consideration of permanent curtailment Secretary. mission. Each Respondent shall comply plans. We recognize that our action here [FR Doc.75-3613 Filed ¿-7-75;8 :45 am ] with the refunding procedure required will further delay the issuance of Initial Decisions and the permanent resolution by the Natural Gas Act and § 154.102 of of various curtailment procedure ques­ [Docket Nos. RI75-105 and RI75-106] the regulations thereunder. tions related to MRT’s and Southern’s SOUTHERN UNION PRODUCTION CO. (C) Unless otherwise ordered by the operation of their transmission systems; ET A L Commission, neither the suspended sup­ yet we must attempt in good faith to comply with the requirements of NEPA. Order Providing for Hearing on and Sus­ plements, nor the rate schedules sought It is our expectation that this unavoid­ pension of Proposed Changes in Rates, to be altered, shall be changed until dis­ able delay will be minimized by the com­ and Allowing Rate Changes To Become Effective Subject to Refund1 position of these proceedings or expira­ plete cooperation which MRT, Southern, tion of the suspension period, whichever and the other parties will give to the J anuary 31, 1975. Commission Staff and, particularly, to Respondents have filed proposed is earlier. Staff’s requests for data. Similarly, we changes in rates and charges for juris- remind the parties of the Fifth Circuit’s By the Commission. admonitions that the impact statement 1 Does not consolidate for bearing or dis­ [seal] K e n n e t h F . P lu m b , is not intended “to be a weapon for dis­ pose of the several matters herein. Secretary.

FEDERAL REGISTER, V O L 40, NO. 28— M O N D AY , FEBRUARY 10, 1975 6238 NOTICES

A p p e n d ix A

Rate in Rate Sup- Amount Date Effective Date Cents per Mcf* effect sub­ Docket Respondent sched- pie- Purchaser and producing area of filing date suspended ject to No. ule mart annual tendered unless . until— Rate in Proposed refund in N a No. increase suspended effect increased docket rate No.

RI75-105.. Southern Union Production 21 6 Southern Union Gathering Co. $56,010 1-2-75 7- 2-75 « 24.98 ‘ 25.48 RI74-151. Co. (San Juan' Basin, N. Mex.) (Rocky Mountain Area). ___ do...... 16 8 El Paso Natural Gas Co. (San 286 1- 6-75 7- 6-75 •24.48 • 25.48 Juan Basin, Colo.),. (Rocky Mountain Area). i - __do...... J i ...... 24 s 8 El Paso Natural Gas Co. (Rio 826 1- 6-75 7- 6-75 I 24.98 >25.48 RI74-134. Arriba County, N. Mex.) (Rocky Mountain Area). í ___ do...... 15 17 El Paso Natural Gas Co. (San 3,292 1- 6-75 7- 6-75 » 24.98 ‘ 26.48 RI74-134. Juan Basin, N. Mex.) (Rocky Mountain Area). . 302 1- 6-75 7- 6-75 ‘ 28.5 ‘ 29.0 RI74-134. ____do...... <33 16 Northwest Pipeline Corp. (San_____ ... 1- 6-75 7- 6-75 >24.98 ‘ 25.48 RI74-134. Juan Basin, N. Mex.) (Rocky Mountain - Area). ___ do______1- 6-75 ...... — 7- 6-75 ‘ 28.5 ‘ 29.0 RI174-134. RI75-106-- Skelly 01! Co...... 102 *5 Mountain Fuel Supply Co. (Mof-______1- 2-75 2- 2-75 •Accepted .. , fat County, Colo.) (Rocky Mountain Área). .do...... „...... 6 ...... 3,291 1- 2-75 2- 2-75• Accepted 15.3 ‘ 24.48 ___d o ...... '366 1- 2-75...... 7- 2-75 1 24.48 ‘ 25.50 .do...... 105 »6 1- 2-75 * 2- 2-75• Accepted . .do______7 do______1«. 701 1- 2-75 2- 2-75• Accepted 15.3 i 24.48 2,078 1- 2-75...... 7- 2-75 i 24.48 ‘ 25.50

* Unless otherwise stated, the pressure base is 15.025 Ib/ln:a. * Rate schedule established by Commission order issued Dec. 31, 1974, in Docket 1 Base rate—subject to applicable taxes and Btu adjustement. No. G-4574 et al., Atlantic Richfield Co. et al. s Excludes production covered by Supplement No. 2. * Accepted, as of the date set forth in the "Effective Date Unless Suspended”- * Amendatory agreement dated Sept. 3, 1974, providing the basis for the proposed column. increase. The proposed rate increases of Skelley Oil by it in determining the appropriate ac­ Committee Act (Pub. L. 92-463) and 5 under FPC Qas Rate Schedule Nos. 102 and tion to be taken but will not serve to U.S.C., section 552(b) (2), that the clos­ 105 w hich do n o t exceed th e O pinion No. 658 ceiling rate are accepted. The remaining pro­ make the protestants parties to the pro­ ing is necessary in order to provide the posed rate increases exceed the applicable ceeding. Persons wishing to become par­ members with the opportunity to ad­ Opinion No. 658 area ceiling rate and they ties to a proceeding or to participate as a vance proposals and counter-proposals are suspended for five months. party in any hearing therein must file in meaningful debate on issued related In regard to any sale of natural gas for petitions to intervene in accordance with solely to the Federal Wage System with which the proposed increased rate is filed the Commission’s rules. The application the view toward ultimately formulating under the provisions of Opinion No. 699-H, is on file with the Commission and is advisory policy recommendations for issued December 4, 1974, in Docket No. R - available for public inspection. the consideration of the Civil Service 389-B, no part of the proposed rate increase Commission. above the prior applicable area ceiling rate K e n n e t h P . P lu m b, may be made effective until the seller sub­ Secretary. However, members of the public who mits a statement in writing demonstrating wish to do so, are invited to submit mate­ that Opinion No. 699—H is applicable to [FR Doc.75-3614 Filed 2-7-75;8:45 am] rial in writing to the Chairman concern­ the particular increased rate filing, in whole ing matters felt to be deserving of the or in part. The proposed increased rates for FEDERAL PREVAILING RATE Committee’s attention. Additional in­ which such support shall have been satis­ formation concerning this meeting may factorily demonstrated on or before ADVISORY COMMITTEE Jan u ary 31, 1975, will be m ade effective as of be obtained by contacting the Chairman, Ju n e 21, 1974. SPECIAL COMMITTEE MEETING Federal Prevailing Rate Advisory Com­ mittee, Room 5451, 1900 E Street, NW, [FR Doc.75—3505 Filed 2-7-75;8:45 am] Pursuant to the provisions of section 10 of Pub. L. 92-463, effective January 5, Washington, D.C. 20415. 1973, notice is hereby given that a special Dated: February 7, 1975. [Docket No. E-9235] meeting of the Federal Prevailing Rate D avid T . R oadley, VIRGINIA ELECTRIC AND POWER CO. Advisory Committee will be held on Wed­ nesday, February 12,1975. Chairman, Federal Prevailing Delivery Point Change The meeting will convene at 9:30 a.m., Rate Advisory Committee. J anuary 31, 1975. and will be held in Room 1E801, Confer- [FR Doc.75-3886 Filed 2-7-75; 11:33 am] Take notice that on January 28, 1975, , ence Room Number 4, The Pentagon, Virginia Electric and Power Co. (Vir­ Washington, D.C. INTERIM COMPLIANCE PANEL ginia) tendered for filing a cancellation ,The Committee’s primary responsibil­ (COAL MINE HEALTH AND SAFETY) of a supplemental agreement servicing ity is to study the prevailing rate system Northern Neck Electric Cooperative from and from time to time advise the Civil PINE COAL CORP. Virginia’s Warsaw Delivery Point. Vir­ Service Commission thereon. Applications for Renewal Permits, Electric ginia states that the delivery point load At a regular meeting held on February Face Equipment Standard; Opportunity was transferred permanently to Virginia 6, 1975, the Committee determined that for Public Hearing as a general service customer. this special meeting was required to give Applications for Renewal Permits for Any person desiring to be heard or to priority consideration to the use of spe­ Noncompliance with the Electric Face make any protest with reference to said cial wage schedules in localities where Equipment Standard prescribed by the application should on or before Febru­ remote worksite allowances are deter­ ary 17, 1975, file with the Federal Power mined to be appropriate. This emergency Federal Coal Mine Health and Safety Act Commission, Washington, D.C. 20426, pe­ notice is published in lieu of the regular of 1969 have been received for. items of titions to intervene or protests in accord­ 15 day notice as required by section 8(b) equipment in underground coal mines as ance with the requirements of the Com­ (3) of OMB Circular A-63, revised. follows: mission’s rules of practice and procedure The meeting will be closed to the public ICP Docket No. 4326-000, Pine Coal Corp., (18 CFR 1.8 or 1.10). All protests filed on the basis of a determination under M ine No. 1, Mine ID No. 15 01367 0, with the Commission will be considered section 10(d) of the Federal Advisory Daisy, Ky.;

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 NOTICES 6239

ICP Permit No. 4326-003-R^l (Kersey 744N (2) full and immediate participation by to determine whether, as a result in Mine Tractor, I.D. No.T-1), the United States International Trade Com­ major part of concessions granted under ICP Permit No. 4326-004-R-l (Kersey 744N mission in the United States contribution to trade agreements, articles like or directly Mine Tractor, I.D. No. T -2), technical work of the Harmonized System competitive with footwear for women, ICP Permit No. 4326-005-R-l (Kersey 744N Committee under the Customs Cooperation misses and children (of the types pro­ Mine Tractor, I.D. No. T -3), Council to assure the recognition of the vided for in Items 700.45 and 700.55 of ICP Permit No. 4326-006-R-l (Kersey BJD needs of the United States business com­ Mine Tractor, I.D. No. T -4). munity in the development of a Harmonized the Tariff Schedules of the United Code reflecting sound principles of com­ States) produced by said firm are being In accordance with the provisions of modity identification and specification and imported into the United States in such § 504.7(b) of Title 30, Code of Federal modern producing methods and trading increased quantities as to cause, or Regulations, notice is hereby given that practices, and. in carrying out such responsi­ threaten to cause, the unemployment or bilities, the Commission shall report to both requests for public hearing as to an ap­ Houses of Congress and to the President, as underemployment of a significant num­ plication for a renewal permit may be it deems appropriate. ber or proportion of the workers of such filed on or before February 25, 1975. Re­ firm or an appropriate subdivision quests for public hearing must be filed in As soon as practicable, the Commission thereof. accordance with 30 CFR Part 505. (35 F.R. will issue a preliminary draft for the The optional public hearing afforded 11296, July 15, 1970), as amended, copies purposes of receiving the views and com­ by law has not been requested by the of which may be obtained from the Panel ments of interested parties with respect petitioners. Any other party showing a upon request. to the report required by subsection proper interest in the subject matter of A copy of each application is available (c) (1) of section 608. The draft will in­ the investigation may request a hearing, for inspection and requests for public clude a statement on the appropriate provided such request is filed within hearing may be filed in the office of the concepts and principles which should 10 days after notice is published in the Correspondence Control Officer, Interim underlie the formulation of an interna­ F ederal R eg ister. Compliance Panel, Room 800, 1730 K tional commodity code adaptable for the The petition filed in the case is avail­ Street NW., Washington, D.C. 20006. purposes indicated in section 608(c) (1). able for inspection at the Office of the To permit participation by the Com­ C. D onald N agle, Secretary, United States International mission in the U.S. contribution to Trade Commission, 8th and E Streets, Vice Chairman, technical work of the Harmonized Sys­ Interim Compliance Panel. NW., Washington, D.C., and at the New tem Committee of the Customs Coopera­ York office of the International Trade F ebruary 5, 1975. tion Council as required by subsection Commission located at 6 World Trade (c) (2) of section 608, the Commission [FR Doc.75-3615 Piled 2-7-75;8:45 am] may obtain information by any of the Center. methods specified in rule 201.9 of the By order of the Commission. INTERNATIONAL TRADE Commission’s rules of practice and Issued: February 4,1975. COMMISSION procedure, i.e., from its own files, frpm other agencies of »the Government, K e n n e t h R. M ason, [332-73] through questionnaires and correspond­ Secretary. FORMULATION OF AN INTERNATIONAL ence, through fieldwork by members [PR Doc.75-3625 Filed 2-7-75;8:45 am] COMMODITY CODE of the Commission’s staff, and from Study testimony and other evidence which may NATIONAL AERONAUTICS AND be presented at public hearings. Specific In accordance with section 608(c) of opportunities for the U.S. business com­ SPACE ADMINISTRATION the Trade Act of 1974 (Pub. L. 93-618, munity and other interested parties to- [Notice (75-6) ] approved January 3, 1975), the United comment on draft provisions of a har­ States International Trade Commission monized commodity code will be provided NASA LUNAR ADVISORY COMMITTEE has instituted an investigation, under as appropriate. Meeting section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), to provide the basis Due notice will be given of any hear­ The NASA Lunar Advisory Committee for (1) a report on the appropriate con­ ing which may be scheduled in the will meet at the Jet Propulsion Labora­ cepts and principles which should under­ investigation. tory on February 24, 25, and 26, 1975. lie the formulation of an international Any correspondence relating to this The meeting will be held in Room 101 of commodity code adaptable for modern­ investigation should be addressed to the Building 180 of the Laboratory located ized tariff nomenclature purposes ánd Secretary, United States International at 4800 Oak Grove Drive, Pasadena, Cali­ for recording, handling, and reporting of Trade Commission^ Washington, D.C. fornia. transactions in national and interna­ 20436. The meeting will begin at 9 a.m. on tional trade, and (2) the Commission’s By order of the Commission. • Monday, February 24 and 8:30 a.m. on participation in the U.S. contribution to February 25 and 26 and will end at 6 p.m. technical work of the Harmonized Sys­ Issued: February 4, 1975. on the 24th and 25th and 4 p.m. on the tem Committee under the Customs Co­ K e n n e t h R . M ason, 26th. The meeting is open to members operation Council. The full text of Secretary. of the public to within the 80-seat ca­ section 608(c) follows: [PR Doc.75-3626 Piled2-7-75;8:45 am] pacity of the room. (c) In further connection with its respon­ The 15-member Lunar Advisory Com­ sibilities pursuant to subsections (a) and mittee serves in a consultative capacity (b), the United State" International Trade [TEA-W-262] to the National Aeronautics and Space Commission shall undertake an investigation SANDLER-ETTE FOOTWEAR Administration to review the NASA under section 332(g) of the Tariff Act of MANUFACTURING CORP. lunar programs and objectives. From 9 1930 w hich would provide the basis for— a.m. to 10 a.m. on Monday, the Com­ (1) a report on the appropriate concepts Workers’ Petition; Investigation and principles which should underlie the mittee will review the status of previous formulation of an international commodity On the basis of a petition filed under recommendations and action items. The code adaptable for modernized tariff nomen­ section 301(a)(2) of the Trade Expan­ period from 10 a m. until noon will be clature purposes and for recording, handling, sion Act of 1962, on behalf of the workers devoted to a discussion on the effects on and reporting of transactions in national and former workers of the Sandler- the lunar program of recent budgetary and international trade, taking into uccount Ette Footwear Manufacturing Corp., decisions. From 1 p.m. until 6 p.m., the how such a code could meet the needs of Webster, Mass., a wholly owned sub­ Committee will discuss NASA’s science sound customs and trade reporting practices reflecting the interests of United States and sidiary of the Kayser-Roth Corp., New planning and develop procedures and other countries, such report to be submitted York, New York, the United States In­ formats for updating (1) NASA’s ad­ to both Houses of Congress and to the Presi­ ternational Trade Commission, on vanced lunar planning and (2) revising dent as soon as feasible, but in any event, February 3,1975, instituted an investiga­ the 1972 Lunar Science Institute’s no later th a n Ju n e 1, 1975; and tion under section 301(c) (2) of the Act booklet “Post-Apollo Lunar Science.”

FEDERAI REGISTER, VOL. 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 6240 NOTICES

On Tuesday and Wednesday the 25th Act (5 U.S.C. 552(b) (4) and <5)>, will Foundation, Washington, D.C. 20550, and 26th, the Committee will be divided not be open to the public. telephone 202/282-7950. into two subcommittees which will meet Further information with reference to R. G ail A nderson, in working sessions. One subcommittee this meeting can be obtained from Mrs. will review the existing lunar advanced ' - Acting Committee Luna Diamond, Advisory Committee Management Officer. planning documents and recommend Management Officer, National Endow­ modifications to these plans. The other ment for the Arts, Washington, D.C. F ebruary 5* 1975. subcommittee will recommend changes 20506, or call (202) 634-7144. to the Lunar Science Institute’s docu­ [FR Doc.75-3677 Filed 2-7-75;8:45 am] ment mentioned above. E dward M . W o l fe , The entire Committee will meet to­ Administrative Officer, National NUCLEAR REGULATORY Endowment for the Arts, Na­ COMMISSION gether from 2 p.m. to 4 p.m. on the 26th tional Foundation on the Arts to review progress and assign to individ­ [Docket Nos. 50-254 and 50-265] ual members tasks needed to complete and the Humanities. [FR Doc.75-3676 Filed 2-7-75;8:45 am] COMMONWEALTH EDISON CO. AND the up-dating projects. IOWA-ILLINOIS GAS AND ELECTRIC CO. This notice of meeting may not be pub­ (QUAD CITIES, UNITS 1 AND 2) lished in the F ederal R egister with the NATIONAL SCIENCE FOUNDATION Facility Operating Licenses required 15-day notice. The reason for DIVISION OF PRE-COLLEGE EDUCATION the late notice was due to the need to IN SCIENCE The Nuclear Regulatory Commission publish a detailed agenda which was not (the Commission) is considering the officially approved until February 6, Project Directors’ Meeting issuance of amendments to Facility Op­ 1975. The Division of Pre-College Education erating Licenses Nos. DPR-29 and DPR- For further information regarding the in Science of the National Science Foun­ 30 (respectively) issued to the Common­ meeting, please contact Dr. Richard J. dation customarily sponsors project di­ wealth Edison Company (acting for it­ Allenby, Area Code 202-755-1948. rectors’ meetings to provide opportu­ self and on behalf of the Iowa-Hlinois Dated: February 7, 1975. nities for the exchange of information Gas and Electric Company) for opera­ and ideas among project directors, school tion of Quad Cities Units 1 and 2, boiling B oyd C. M ey er s, II, system representatives and NSF program water reactors located in Rock Island Assistant Associate Administra­ staff members. The schedule for project County, Illinois, and each currently au­ tor for Organization and directors’ meetings for 1975 is listed thorized for operation at power levels Management, National Aero­ below. up to 2511 MWt. nautics and Space, Adminis­ F e b r u a r y 13-15, 1975 The amendments would change the tration. provisions of the Technical Specifications SHERATON-BILTM ORE, ATLANTA, GEORGIA; AND [FR Doc.75-3836 Filed 2-7-75;9:52 am] for the facilities to incorporate operat­ PALMER HOUSE, CHICAGO, ILLINOIS ing limits based on the General Electric February 13—2-5 p.m.; 7:30-9 p.m. Thermal Analysis Basis in accordance NATIONAL FOUNDATION ON THE February 14—9 a.m.-5 p.m. with the licensee’s application for license ARTS AND THE HUMANITIES February 15-—9 a.m.—12 Noon. amendment dated December 13, 1974, as National Endowment for the Arts F e b r u a r y 20-22, 1975 supplemented by December 20, 1974 and HOLLYWOOD ROOSEVELT, LOS ANGELES, January 27,1975. MUSIC ADVISORY PANEL Prior to issuance of the proposed li­ Meeting CALIFORNIA cense amendments, the Commission will Pursuant to section 10(a) (2) of the February 20—3-5 p.m.; 7:30-9 p.m. have made the findings required by the February 21—9 a.m.-5 p.m. Act and the Commission’s regulations. Federal Advisory Committee Act (Pub. February 22—9 a.m.-12 Noon L. 92-463), notice is hereby given that a On or before March 12, 1975, any per­ meeting of the Music Advisory Panel to The project directors’ meetings are son whose interest may be affected by the National Council on the Arts will be not considered to be meetings of “advi­ the proceeding may file a request for a held on February 26, 27, 28, and March 1, sory committees” as that term is defined hearing in the form of a petition for 1975, in the 14th floor conference room, in section 3 of the Federal Advisory Com­ leave to.intervene with respect to the 2401 E Street, Washington, D.C. The mittee Act, Pub. L. 92-463. However, it issuance of the amendment to the sub­ meetings will be held from 9:30-5 p.m. is believed that these meetings are of ject facility operating license. Petitions on February 27 and 28; from 1:30-5 p.m. sufficient importance and interest to the for leave to intervene must be filed under on February 26; and from 9:30 a.m.-12 general public to have them opened for oath or affirmation in accordance with noon on March 1. public attendance and observation. Pub­ the provisions of section 2.714 of 10 CFR A portion of this meeting will be open lic attendance is encouraged especially Part 2 of the Commission’s regulations. A to the public on February 26 from 1:30- on the first day and evening when the petition for leave to intervene must set meeting will be devoted to a discussion forth the interest of the petitioner in the 5 pjn. and on March 1 from 9:30 a.m.- proceeding, how that interest may be af­ 12 noon. There will be a report on the of the current outlook with respect to the new thrusts introduced in the National fected by the results of the proceeding, Music Policy Conference during these and the petitioner’s contentions with open sessions. Science Foundation’s program in the Education Directorate in FY 1974. An respect to the proposed licensing action. The remaining sessions of this meet­ Such petitions must be filed in accord­ ing February 27 and 28, 1975, are for the optional informative conference on emerging NSF curricula is scheduled for ance with the provisions of this F ederal purpose of Panel review, discussion, eval­ R egister notice and Section 2.714, and uation, and recommendation on applica­ the first evening (7:30-9 p.m.) of each must be filed with the Secretary of the tions for financial assistance under the session. The second and third days of Commission, U.S. Nuclear Regulatory National Foundation on the Arts and each meeting will encompass detailed Commission, Washington, D.C. 20555, At­ the Humanities Act of 1965, as amended, discussions of plans for the operation of tention: Docketing and Service Section including discussion of information the 1975 projects. by March 12,1975. A copy of the petition given in confidence to the agency by Persons wishing to attend any of these and/or request for a hearing should be grant applicants. In accordance with the meetings or requiring further informa­ sent to the Chief Hearing Counsel,; Of­ determination of the Chairman pub­ tion should contact Ms. Jane Stutsman, fice of the Executive Legal Director, U.S. lished in the F ederal R egister of Jan­ Nuclear Regulatory Commission, Wash­ uary 10, 1973, these sessions, which in­ Program Manager, Instructional Im­ ington, D.C. 20555 and to John W. Rowe, volve matters exempt from the require­ provement Implementation Section, Di­ Esq., the attorney for the applicant, One ments of public disclosure under the pro­ vision of Pre-College Education in Sci­ First National Plaza, Chicago, Illinois visions of the Freedom of Information ence, Rm. 418-W, National Science 60670.

FEDERAL REGISTER, VOL. 40, NO. 28— M O ND AY, FEBRUARY 10, 1975 NOTICES 6241 Â petition for leave to intervene must authorizes operation of the Palisades mum operating transient differential be accompanied by a supporting affidavit Plant (the facility) at power levels up pressure across the steam generator tubes which identifies the specific aspect or to 2,200 megawatts thermal. The facility to 1530 psi; and (ii) because of the pos­ aspects of the proceeding as to which is located in Covert Township, Van Buren sibility of the recurrence of further cor­ intervention is desired and specifies with County, Michigan. rosion, the facility would be subject to a particularity the facts on which the peti­ n. The facility is a pressurized water further steam generator tube inspection tioner relies as to both his interest and reactor which consists of a two loop at the end of ninety effective full-power his contentions with regard to each system using two steam generators des­ days or six calendar months from the aspect on which intervention is re­ ignated as “A” and “B”. The facility date of resumption of criticality—Sep­ quested. Petitions stating contentions commenced commercial operation on tember 5, 1974—whichever occurs first. relating only to matters outside the December 22, 1971, and, during the Based on the foregoing, the NRC Staff Commission’s jurisdiction will be denied. course of operation since that time, the determined that, taking into account the All petitions will be acted upon by the tubes within both steam generators have number of tubes plugged, the steam gen­ Commission or an Atomic Safety and experienced localized corrosion of the erators met the requirements for reactor Licensing Board designated by the Com­ wastage type and intergranular crack­ system performance, and that steam gen­ mission or by the Chairman of the ing. The cause of this steam generator erator tube integrity could be maintained Atomic Safety and Licensing Board tùbing corrosion is attributed to phos­ with adequate margins of safety during Panel. Timely petitions will be considered phate treatment of the water chemistry normal operation or under postulated to determine whether a hearing should in the secondary coolant system. accident conditions. Accordingly, on be noticed or another appropriate order It should be noted by way of back­ August 30, 1974, and November 27, 1974, issued regarding the disposition of the ground that on January 15, 1973, after Provisional Operating License No. DPR- petitions. approximately one year of intermittent 20 was amended by Amendments Nos. 10 In the event that a hearing is held and operation of the facility, the first leak and 11 to reflect the foregoing require­ a person is permitted to intervene, he be­ in the facility’s steam generator tubes ments. comes a party to the proceeding and has developed. Eddy current inspection de­ In December 1974, the Licensee, on its a right to participate fully in the conduct tected wall thinning in the tubes of both own initiative, conducted an eddy cur­ of the hearing. For example, he may steam generators in the U-bend area. rent inspection of steam generator tubes present evidence and examine and cross- All tubes in the first eleven rows from in the “A” steam generator. On January examine witnesses. the divider plates were plugged, and the 3, 1975, the Licensee reported the results For further details with respect to facility returned to service early in of this inspection. The Licensee tested this action, see (1) the application for March 1973, after which it operated at a sample of 569 tubes selected with em­ amendment dated December 13, 1974, essentially 100 percent rated power. On phasis upon tubes which had eddy cur­ and supplements thereto dated Decem­ August 11, 1973, the facility was shut­ rent indications of at least 40 percent ber 20,1974 and January 27,1975, (2) the down because of steam generator tube wall thinning in previous tests. Within leakage in excess of the limits estab­ the inspection sample, 27 tubes had eddy nonproprietary General Electric Report current indications of corrosion exceed­ NEDO-10958, and (3) the Commission’s lished by the license technical specifica­ tions. Eddy current measurements per­ ing 50 percent. Of the 27 tubes, one tube evaluation of the General Electric Re­ formed during September 1973 showed had indications exceeding 70 percent port dated September 1974, which are measurable wall thinning on nearly half (which the Licensee has since plugged) ; available for public inspection at the the tubes in each of the two steam gen­ three tubes, from 60 to 70 percent; and Commission’s Public Document Room, erators. The inservice inspection and 23 tubes, from 50 to 60 percent. These evaluation continued through April 1974, test results suggest (i) the possibility of 1717 H Street NW., Washington, D.C. continuing corrosion, and (ii) that there and at the Moline Public Library, 504— and all tubes with eddy current indica­ tions of 60 percent or more wall thinning may exist, within the facility’s steam 17th Street, Moline, Illinois 61265. As were plugged. During a preoperatlonal generators, a number of tubes with wall they become available, the Commission’s hydrostatic test early in May 1974, leaks thinning significantly in excèss of the related Safety Evaluation and license developed in two tubes at a pressure dif­ limit established by the tube plugging amendments and any attachments may ferential of 200 psi. Reinspections of the criterion upon which the basis for opera­ steam generators showed that a number tion of the facility has been authorized be inspected at the above locations. A under Amendments Nos. 10 and 11, and copy of the license amendments and at­ of tubes had developed a new type of degradation called “intergranular at­ that, therefore, such thinning could rep­ tachments and the Safety Evaluation, tack” during the nine-month period of resent a significant reduction in the when available, may be obtained upon re­ shutdown. Thereafter, the Licensee margins of safety needed to protect the quest addressed to the U.S. Nuclear plugged all tubes suspected of inter­ health and safety of the public. Regulatory Commission, Washington, granular attack. Although the facility is otherwise D.C. 20555. Attention: Director, Division By September 1974, the Licensee had ready to resume operation, the Licensee of Reactor Licensing. plugged all steam generator tubes which has maintained the facility in a shut­ either were the subject of intergranular down condition since the December 1974 Dated at Bethesda, Maryland, this attack or exhibited eddy current indica­ inspection was performed. Under the 3rd day of February, 1975. tions of wall thinning of 50 percent1 or present operating license, absent fur­ For the nuclear regulatory commission. more. In addition, the Licensee proposed ther action by the NRC Staff, the Licen­ to avoid further corrosion effects by see could return the facility to full power D e n n is L. Ziem a n n , changing from a phosphate water chem­ operation in its present condition until Chief, Operating Reactors istry regime to an all volatile water March 5, 1975, without any further in­ Branch #2, Division of Re­ chemistry treatment of the secondary spections.* actor Licensing. coolant system. Based on the then AEC III. In view of the foregoing, the Act­ [FR Doc.75-3704 Filed 3-7-75; 8:45 am] Regulatory Staff’s (hereinafter referred ing Director, Office of Nuclear Reactor to as the “NRC Staff”) Safety Evaluation Regulation, finds that the additional Reports dated August 30, 1974, and No­ license provisions set forth in part IV [Docket No. 50-255] vember 27, 1974, resumed operation of CONSUMERS POWER CO. (PALISADES the facility was authorized. Specifically, below are required, and that the public PLANT) (i) the facility could be operated at first Order for Modification of License only at limited power levels consistent * jay September 1974, the plugging criterion with the requirements of a program de­ h ad been revised .from 60 to 50 percent. F ebruary 6,1975. signed to flush residual phosphates from * As indicated supra, A m endm ents Nos. 10 L Consumer Power Company (the Li­ and 11 require a further steam generator tube the secondary coolant system, and then Inspection after ninety effective full-power censee) is the holder of Provisional Op­ at power levels up to 100 percent of rated cure first. The six-month period expires first, erating License No. DPR-20, which power subject to the limiting of the maxi­ and it occurs on M arch 6.1975.

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 6242 NOTICES health, safety or interest require that from service by plugging. Such indica­ nection with Amendment No. IT to the these conditions be made immediately tions may be confirmed by averaging operating license dated' November 27; effective upon issuance. during a given inspection, but such aver­ 1974, which was issued in response to IV. Accordingly, pursuant to theage shall be based on not less than three the Licensee’s August 20,. 1974, applica­ Atomic Energy Act of 1954, as amended, readings, in which case an average in­ tion for amendment as supplemented and the Commission’s rules and regula­ dication- of 50 percent or more wall November 7, 1974, All of the above docu­ tions in 10 CFR Parts 2 and'50-, it is thinning- shall result in tube plugging. ments' are available for inspection at ordered, That: 2". This order is effective immediately the Commission’s Public Document 1. The Provisional Operating License upon issuance. Room, 1717 H Street NW., Washington,. No. DPR-20 is amended by the addition 2. Within thirty (30) days of the date D.C., and at the Kalamazoo Public Li­ of paragraphs 4.14.4 and 4.14.5 to- the of issuance of this Order, the Licensee brary, 315 South Rose Street, Kalama­ Technical Specifications as follows: may file a request for a hearing with re­ zoo, Michigan 49606. 4.14.4 The Licensee shall conduct spect to this Order. Within the same Order dated and issued at Bethesda, prior to fttrther reactor operation the thirty (30) day period, any other person Maryland, this 6th day of February,, 1975. following steam generator in-service in­ whose interest may be affected may file spection program : a request for a hearing with respect to For the Nuclear Regulatory Commis­ Ai Inspect all steam generator tubes this Order. If a request for a hearing is sion. in both steam generators which pre­ filed within the prescribed time herein, E a s o n O . C a s e ; viously had defect indications, not in­ the Commission will issue a notice of Acting Director, Office cluding plugged tubes) of greater than hearing or such other order as may be of Nuclear Reactor Regulation. 29 percent wall penetration in the man­ appropriate: A reqeust for a hearing must [PR Doc.75—3821 Piled 2-7-75; 9:44 am] ner prescribed by Regulatory Guide 1.83 be filed with the Office of the Secretary, (issued June 1974), as that guide applies US. Nuclear Regulatory Commission, to inspections after the baseline inspec­ Washington, D.C. 20555, Attention: [DOCKET NO. P-56I-A] tion. AH tubes with indications of 50 Docketing and Service Section. A copy of PUBLIC SERVICE COMPANY OF percent or more wall thinning shall be the request for a hearing should also OKLAHOMA plugged; or in the alternative, be sent to the Chief Hearing Counsel, Receipt of Partial Application for Construc­ B. Conduct additional statistical in­ Office of the Executive Legal Director, tion Permits and Facility Licenses: Time spections as follows r TT.S. Nuclear Regulatory Commission, for Submission- of Views on Antitrust R With respect to each steam gener­ Washington, D.C. 20555, and to R. Rex Matters ator “A” tube with December 1974 test Renfrew, HI, Esquire, Isham, Lincoln & F ebrtt&hy 7, 1975. indications of 50 percent or more wall Beale, One First National Plaza, Chicago, thinning, either plug such tube or re­ Illinois 60670, attorney for the Licensee. Public Service Company of Oklahoma evaluate by the following procdure: (the applicant), pursuant to section 103 (a) Eddy current test such tube to A petition for leave to intervene must of the Atomic Energy Act of 1954, as obtain at least 2 additional readings. be accompanied by a supporting affidavit amended, has filed one part of an appli­ Cb> Average the 2 or more additional which identifies the specific aspect or cation, dated November 20* 1974, in con­ readings with the December 1974 read­ aspects of this Order as to which inter­ nection with its plans to construct and' vention is desired and specifies with par­ operate two boiling water reactors in ing. ticularity the facts on which the peti­ (c> If the average indicated wall thin­ Rogers County, Oklahoma, near the town tioner relies as to both bis interest and of Inola. The portion of the application ning is 50 percent or more, plug the tube. his contentions with regard to eaeh as­ 2. If the results of B.I above require filed contains the information requested pect an which intervention is requested. by the Attorney General for the purpose plugging one or more tubes (in addition Petitions stating contentions relating to the one tube already plugged since of an antitrust review of the application only to matters outside the Commission’s as set forth in 10 CFR Part 50* Appendix the December 1974 inspection), an ad­ jurisdiction will be denied. ditional 2 percent of the total tubes in L. AH requestafor a hearing and petitions The remaining portion of the applica­ steam generator "A” shall be inspected, for leave to intervene will be acted upon concentrating on those areas of the tube tion consisting of a Preliminary Safety sheet array where tubes with defects by the Commission or an Atomic Safety Analysis Report accompanied by an En­ were previously found. AH tubes, with and Licensing Board designated by the vironmental Report pursuant to §-2.101 indications of 50 percent or more wall Commission or by the Chairman of the of Part 2, is. expected to be filed during, thinning shall be plugged. Atomic Safety and Licensing Board August 1975. Upon receipt of the remain­ Panel. ing portions' of the application dealing 3. Continue the sampling procedure of In the event that a hearing is held and B.2 above until a sampling results in no with radiological health and safety and tubes found that require plugging, or all a petitioner is permitted to intervene, environmental matters, separate notices tubes have been inspected. that petitioner becomes a party to the of receipt will be published by the Com­ proceeding and has a right to participate mission including an appropriate notice 4. Irrespective of the results of the in­ fully in the conduct of the hearing. For of hearing. spection in B.I through B.3 above, sample example, the petitioner may present evi­ A copy of the partial application te 3 percent of the total tubes in steam gen­ dence and examine, and cross-examine available for public inspection at the erator “B”, concentrating on those areas witnesses. Commission’s Public Document Room'; of the tube sheet array where tubes with For further details with respect to this, 1717 H Street NW., Washington, D.C. defects were previously found. Accept­ action, see (1) Provisional Operating Li­ 20545, and at the Local Public Document ance, plugging, and further sampling cense No. DPR-20, as amended, (2) the Room, Tulsa City—Chanty .Library, Tul­ criteria shall be the same as described Licensee’s inspection report dated Jan­ sa, Ofcfohoma 74102. Docket No. P-531- above for steam gènerator “A”. uary 3, 1975, (3> the Commission’s Safety A has been assigned to the application C. The results of the above-described Evaluation Report dated August 30,1974, and it should be refereneed in any cor­ inspection and tube plugging program, issued in connection with Amendment respondence relating to it. and? a proposal for the conduct of future No. 10 to the operating license dated Au­ Any person who wishes to have his operations, including a recommended gust 30* 1974, which was issued in re­ views on the antitrust matters of the schedule for the next steam generator sponse to the Licensee’s application for application presented to the Attorney tube inspection shall be submitted to the amendment dated August 20, 1974, and. General for consideration should submit NRC Staff for review and approval by its letter to the Directorate of Licensing such views to the U.S. Atomic Energy letter prior to further operation. dated August 28, 1974, requesting inter­ Commission, Washington, D.C. 20545, At­ 4L 14.5 Any steam generator tubes with im technical specifications, and (4) the tention: Chief, Office of Antitrust and eddy current indications of 50 percent Commission’s Safety Evaluation Report Indemnity, Directorate of Licensing, on or more wall thinning shall he removed dated November 27, 1974, issued in con­ or before-March 13* 1975i

FEDERAL REGISTER, V O L. 40, NO. 28— M ONDAY, FEBRUARY 10, T975 NOTICES 6243

Dated at Bethesda, Maryland, this 9th nity Development Program—New Commu­ nually, commercial vessel operators, Stras­ day of January, 1975. nities Assurances—New Communities, On ser, A., 395-3880. Occasion, FederaUy assisted new commu­ P h il l ip D . L a r s e n , For The Atomic Energy nities, Sunderhauf, M. B., 395-4911. Budget and Management Officer. Commission. R e v is io n s [FR Doc.75-3768 Filed 2-7-75;8:45 am] W alter R . B utler, SMITHSONIAN INSTITUTION Chief, Light Water Reactors Catalog of American Portraits—Survey Form, SECURITIES AND EXCHANGE Branch 1-2, Directorate of SI-1833, On occasion, Museums, historical COMMISSION Licensing. agencies, schools, Caywood, D. P., 395-3443. [File No. 500-1] * [FR Doc.75-1355 Filed 1-16-75;8:45 am] DEPARTMENT OF AGRICULTURE AMERICAN AGRONOMICS CORP. Statistical Reporting Service: Multiframe OFFICE OF MANAGEMENT AND . Hog and Cattle Survey, Quarterly, hog and Suspension of Trading BUDGET . cattle farmers, Lowry, R. L., 395-3772. J anuary 31,1975. CLEARANCE OF REPORTS DEPARTMENT OF COMMERCE The common stock of American Agro­ Bureau of the Census: Quarterly Survey- nomics Corp. being traded on the Amer­ List of Requests Selected Local Taxes, F-73, Quarterly, Se­ ican Stock Exchange pursuant to pro­ The following is a list of requests for lected major city and county govern­ visions of the Securities Exchange Act clearance of reports intended for use in m ents, E llett, C.A., 395-6172. of 1934 and all other securities of Amer­ collecting information from the public DEPARTMENT OF HOUSING AND URBAN ican Agronomics Corp. being traded oth­ received by the Office of Management DEVELOPMENT erwise than on a national securities ex­ and Budget on February 4, 1975, (44 Office of th e Secretary: Survey of M ortgage change; and U.S.C. 3509). The purpose of publishing Lending Activity, HUD 136, Monthly, Mort­ It appearing to the Securities and Ex­ this list in the F ederal R egister is to in­ gage lending groups, Hulett, D. T., change Commission that the summary form the public. 395—4730. suspension of trading in such securities The list includes the title of each re­ E x t e n s io n s on such exchange and otherwise than on quest received; the name of the agency NATIONAL SCIENCE FOUNDATION a national securities exchange is requir­ sponsoring the proposed collection of in­ Grade Report: Graduate, Graduate Teaching ed in tiie public interest and for the pro­ formation; the agency form number(s), Assistants & Secondary School Teachers tection of investors; if applicable; the frequency with which (applicants for fellowship awards), NSF- Therefore, pursuant to sections 19(a) the information is proposed to be col­ 310, Annually, Evinger, S. K., 395-3648. lected; the name of the reviewer or re­ (4) and 15(c) (5) of the Securities Ex­ Fellowship Starting Certificate: Faculty, change Act of 1934, trading in such se­ viewing division within OMB, and an in-< Secondary School Teachers (acceptées of curities on the above mentioned ex­ dication of who will be the respondents Awards), NSF-349, Annually, Evinger, S. change and otherwise than on a national to the proposed collection. K„ 395-3648. securities exchange is suspended, for the The symbol (x) identifies proposals DEPARTMENT OF STATE (EXCL. AID AND ACTION) period from February 2, 1975, through which appear to raise no significant is­ February 11, 1975. sues, and are to be approved after brief Application to take the Written Examination notice thru this release. for Appointment as a Foreign Service Of­ By the Commission. ficer, DSP-24, Annually, Individuals Seek­ Further information about the items ing Employment, Evinger, S. K., 395-3648. [seal] G eorge A. F it z sim m o n s, on this daily list may be obtained from Application for Confidential Verification of Secretary. the Clearance Office, Office of Manage­ Birth, DSP-16, on occasion, Evinger, S. K., [FR Doc. 75-3651 Filed 2-7-75; 8:45 am] ment and Budget, Washington, D.C. 395-3648. 20503, (202-395-4529), or from the Re­ NATIONAL SCIENCE FOUNDATION viewer listed. [File No. 500-1] Proposed Plan for Research (Graduate N e w F o r m s Levels) Graduate Teaching Assistants BBI, INC. VETERANS ADMINISTRATION (Individuals Applying for Fellowship Suspension of Trading National Cemetery Quarters Appraisal Rec­ Awards), NSF-306, Annually, Evinger, S. J anuary 31,1975. ord, 40-4985, on occasion, real estate ap­ K., 395-3648. praisers, Caywood, D. P., 395-3443. The common stock of BBI, Inc., being DEPARTMENT OF COMMERCE traded on the American Stock Exchange DEPARTMENT OF AGRICULTURE Bureau of East-West Trade: Statement by and the Philadelphia-Baltimore-Wash- Agricultural Stabilization and Conservation Foreign Importer of Aircraft or Vessel Re­ ington Stock Exchange pursuant to pro­ Service: Report of Basic Farm Data, ASCS— pair Parts (Regulation), ECR 373.8, an­ visions of the Securities Exchange Act of 95, Annually, Farmers Eligible for ASCS Program s, Lowry, R. L., 395-3772. nually, Commercial Importers of U3. 1934 and all other securities of BBI, Inc., Gods, Evinger, S. K., 395-3648. being traded otherwise than on a na­ DEPARTMENT OF COMMERCE National Oceanic & Atmospheric Administra­ tional securities exchange; and National Oceanic & Atmospheric Adminis­ tion: Fish hatchery visits, on occasion, It appearing to the Securities and Ex­ tra tio n : 1975 N orthw est Sport Fishing Sur­ visitors to fish hatcheries, Lowry, R. L., change Commission that the summary vey, Single-time, Sport fishermen, Plan­ 395-3772. v- suspension of trading in such securities chón, P., 395-3898. on such exchanges and otherwise than DEPARTMENT OF HEALTH, EDUCATION, AND DEPARTMENT OF DEFENSE on a national securities exchange is re­ WELFARE Departmental and other: Application for quired in the public interest and for the Public Health Service: Report of Expendi­ review of discharge or separation from the protection of investors; tures for Project Grants, PHS5196, An­ Armed Forces of the United States, DD- nually, Grantees-nationwide, Lowry, R. L., Therefore, pursuant to section 19(a) 293, on occasion, Evinger, S. K., 395-3648. (4) and 15(c) (5) of the Securities Ex­ 395-3772. D epartm ent of th e Army (Excl. Office of Civil Office of th e Secretary: E valuation of N utri­ Defense) : Record of arrivals and depar­ change Act of 1934, trading in such tion Programs for the Elderly, Outreach securities • on the above mentioned ex­ Activities, OS-7-75, Single-time, Elderly tures of vessels, RHB-2/ENG3, monthly, Nutrition Program Participants, Rees, B. F., Evinger, S.K., 395-3648. change and otherwise than on a national 395-5630. D epartm ent of th e Army (Excl. Office of Civil securities exchange is suspended, for the Center for Disease Control: Police Job Stress Defense) : Description of operations (ves­ period from February 3, 1975, through and Health, CDCNIO0123, Single-time, sels operating in U.S. waterways, ENG 3932, February 12,1975. Policemen, E llett, C. A., 395-6172. annually, commercial vessel operators, By the Commission. DEPARTMENT OF HOUSING AND URBAN Strasser, A., 395-3880. DEVELOPMET D epartm efit of th e Army (Excl. Office of [seal] G eorge A. F it z sim m o n s, New Communities: Application for Federal Civil Defense) : Description of vessels (op­ Secretary. Assistance—New Communities, Commu­ erating in U.S. waterways), ENG 3931, an­ [FR Doc.75-3652 Filed 2-7-75;8:45 am]

FEDERAL REGISTER, VOL. 40, NO . 28— M O NDAY, FEBRUARY 10, 1975 6244 NOTICES

CHICAGO BOARD OPTIONS EXCHANGE, and did not disapprove proposed amend­ ments will he available for public in­ INC. ments to tire Option Plan of the Chicago spection at the Public Reference Room Amendment to Option Plan Board Options Exchange, Inc. (CBOE) of the Securities and Exchange Com­ pursuant to rule 9b-I under the Securi­ mission at 1100 L Street NW., Washing­ Notice is hereby given that the Chicago ties Exchange Act of 1934 (17 CFR ton, D.C. Board Options Exchange, Inc. (CBOE1 240.9b-l). The CBOE proposed to amend . Dated’; January 30,1975. has filed proposed amendments to its rule 2.6 and add rule 6.6 which were Option Plan pursuant to Rule 9b-I under originally noticed at 39 FR 44100. rsEALl G eorge A. F it z sim m o n s, the Securities Exchange Act of 1934 (17 The proposed amendment to rule 2.6 Secretary. CPR 240.9b-l). The CBOE proposes to would change the definition of a quorum [FR Doc.75-3663 Filed 2-7-75;8 :45 am] amend Rule 14.5 and add a new Rule 6.25. for the Floor Procedure Committee and The proposed amendment to Rule 14.5 would permit the Floor Procedure Com­ provides for the elimination of fixed mittee to appoint additional Floor Of­ CHICAGO BOARD OPTIONS EXCHANGE, minimum commissions on orders exe­ ficials. Proposed rule 0.6 authorizes Floor INC. cuted on the floor of the Exchange by Officials to make a temporary response Notice of Amendment to Option Plan Floor Brokers. The amendments also to unusual market conditions in a class provide for the continued regulation of option contracts without imposing a Notice is hereby given that the Chi­ by tiie Exchange of commission rates trading halt in that class. cago Board Options E x c h a n g e , Inc. charged by Board Brokers m the form of All interested persons are invited to (CBOE) has filed a proposed amend­ a schedule of standard commission rates submit their views and comments on the ment to its Option Plan filed pursuant from which departures could be permit­ to Rule 9h-I under the Securities Ex­ ted under certain circumstances. Any proposed amendment and new rule to change Act of 1934 (17 CFR 240.9b-l). such departure would have to be non- CBOE’s plan either before or after it has The proposed addition to Rule 0.45 diserhninatory among customers, filed become effective. Written statements of provides that, where necessary in order with the Floor Procedure Committee at views and comments should be addressed to achieve a single-price opening the least thirty days prior to its effectiveness to the Secretary, Securities and Ex­ Board Broker may give priority to mar­ and not disapproved by that committee change Commission, 500 North Capitol ket orders entitled to participate in the as being unreasonable or discriminatory Street, Washington, D.C. 20549. Refer­ opening over limit orders at the opening- and continuously displayed at the post. ence should be made to File No. 10-54. price on the Board Broker’s hook, thus Proposed Rule 6.25 would prohibit two The proposed amendment is, and all such reversing the existing order, of priority. or more member organizations, each of. comments will be, available for public This change will enable CBOE to elimi­ which does a public or correspondent inspection at the Public Reference Room nate the range of opening prices which business and has its own floor broker or of the Securities and Exchange Commis­ occurs at some openings. brokers on the floor of the Exchange,, sion at 1100 L Street NW, Washington, The proposed amendment will become from entering into any kind of a pooling D.C- effective on March 12, 1975, or upon such arrangement whereby orders managed on By the Commission. earlier date as the Commission may al­ the floor by one of such firms would be low unless the Commission shall dis­ executed by the floor broker or brokers [seal! G eorge A. F it z sim m o n s, approve the change in. whole or in part of another of such firms. Secretary. as being inconsistent with the public CBOE has also withdrawn its previ­ J anuary 30> 1975; interest or the protection of investors. ously filed amendments to Rules 14.5 and [FR Doc.75-3660 Filed 2-7-75;8:45 am ] All interested persons are invited to 14.0, noticed at 39 FR 40203 and 39 FR submit their views and comments on the 43338, respectively. proposed amendment to CBOE’s plan The proposed amendments will become CHICAGO BOARD OPTIONS EXCHANGE, either before or after it has become effec­ effective on March 12,1975, or Upon such INC. tive. Written statements of views or earlier date as the Commission may allow Notice of Amendment to Option Plan comments should be addressed to the unless the Commission shall disapprove Notice is hereby given that the Chicago Secretary, Securities and Exchange Com­ the changes in whole or in part as being Board Options Exchange, Inc. (CBOE) mission, 500 North Capitol. Street, Wash­ inconsistent with the public interest or has filed a proposed amendment to its ington, D.C. 20549. Reference should be the protection of investors. Option Plan pursuant to rule 9b-l under made to File No. 10-54, The proposed All interested persons are invited to the Securities Exchange Act of 1934 (17 amendment is, and all such comments submit their views and comments on the CFR 240.9b-l). will be, available for public inspection at proposed amendments to CBOE’s plan The proposed amendment would mod­ the Public Reference Room of the Securi­ either before or after they have become ify paragraph (e) of rule 14.3 in order ties and Exchange Commission at 1100 L effective. Written statements of views or to- make the 40 percent discount from Street- NW., Washington, D.C. comments should be addressed to the non-member commissions available to Dated: January 30, 1975. Secretary, Securities and Exchange Com­ Canadian brokers which are members of mission, 500 North Capitol Street, Wash­ a Canadian securities exchange or as­ [ seal] G eorge A. F it z sim m o n s, ington, D.C. 20549. Reference should be sociation acceptable to CBOE Secretary.. made to File No. 10-54. The proposed The proposed amendment will become [FR Doe.75-3662; Filed 2-7-75; 8:45 am] amendments are, and all such comments effective on March 12, 1975, or upon such will be, available for public inspection at earlier date as the Commission may tiie Public Reference Room of the Securi­ allow unless the Commission shall dis­ [File No. 500-1} ties and Exchange Commission at 1100 approve the change in whole or in part FIDELITY MORTGAGE INVESTORS Ii Street NW., Washington, DC. as being inconsistent with the public in­ Suspension of Tfading [ seal] G eorge A. F it z sim m o n s, terest or the protection of investors. J a n u a r y 31, 1075. Secretary. All interested persons are invited to The shares of beneficial interest of J anuary 30,1975, submit their views and comments on the Fidelity Mortgage Investors being traded fHR Doc.75-3661 Piled 2-7-75; 8:45 am} proposed amendment to CBOE’s plan on the New York and Pacific Stock Ex­ either before or after it becomes effec­ changes ; the 7% percent convertible sub­ tive. Written statements- of views and ordinated debentures due December 1, CHICAGO BOARD OPTIONS' EXCHANGE, comments, should be addressed to the INC. Secretary, Securities and Exchange 1985, being traded on the American Non-disapproval of Amendments to Option Commission, 5G0 North Capitol Street, Stock Exchange; the warrants to pur­ Plan Washington, D.C. 20549. Reference chase 1 share at beneficial interest and Notice is hereby given that on Janu­ should be made to File No. 10-54. The the units consisting of 1 debenture and ary 2ft, 1975, the Commission considered proposed amendment and all such com­ 1 warrant being traded over-the-counter

FEDERAL REGISTER, VOL. 40; NO . 28—M ONDAY, FEBRUARY 10, 1975 NOTICES 6245 pursuant to provisions of the Securities 3. The failure to accurately disclose the [812-3750] \ Exchange Act of 1934 and all other secu­ use to be made of the proceeds of the MOBIL ALASKA PIPELINE CO. rities of Fidelity Mortgage Investors be­ offering; ing traded otherwise than on a national 4. The failure to disclose the issuance Fifing of Application securities exchange; and of restricted stock held by insider^ as J anuary 30, 1975. It appearing to the Securities and Ex­ consideration for purchasing stock of the Notice is hereby given that Mobil change Commission that the summary offering pursuant to the repurchase Alaska Pipeline Co., 108 South Akard suspension of trading in such securities agreements; Street, Dallas, Texas 75202, a Delaware on such exchanges and otherwise than 5. The failure to disclose the sale by corporation (“Applicant”), filed an ap­ on a national securities exchange is re­ insiders of repurchased stock during the plication'on January 15, 1975, and and quired in the public interest and for the offering to persons believing the stock to * amendment thereto on January 30,1975, protection of investors; be part of the offering; for an order pursuant to section 6(c) Therefore, pursuant to sections 19(a) 6. The failure to disclose that securi­ of the Investment Company Act of 1940 (4) and 15(c) (5) of the Securities Ex­ ties would be placed in a nominee ac­ (the “Act”) exempting Applicant from change Act of 1934, trading in such secu­ count; and all provisions of the Act. All interested rities on the above mentioned exchanges 7. The failure to disclose an artificial persons are referred to the application and otherwise than on a national securi­ attainment of the proceeds from escrow which is on file with the Commission for ties exchange is suspended, for the period by reaching the minimum through the a statement of the representations made from 10 a.m. (e.s.t.) on January 31,1975, sale of stock pursuant to repurchase therein which are summarized below. through 10 a.m. (e.s.t.) on February 9, agreements. • Applicant was organized as a wholly 1975. B. The terms and conditions of Regu­ owned subsidiary of Mobil Oil Corp. lation A have not been complied with in (“Mobil”), a New York Corporation. By the Commission. that: Applicant contends that its sole purpose [sea l] G eorge A. F it z sim m o n s, , 1. The offering circular failed to dis­ is to own, construct and operate a 5 per­ Secretary. close the method by which the securities cent undivided interest in the Trans [FR Doc.75-3653 Filed 2-7-75; 8:45 am] were to be offered and the terms thereof; Alaska Pipeline System (TAPS), a 48- 2. The offering circular failed to ac­ inch crude oil pipeline running approx­ curately state the financial condition of imately 800 miles from the Prudhoe Bay [File No. 24D—3363] the Issuer. oil field on the North Slope of Alaska to MINCOMP CORP. C. The offering was made in violation a tank farm and marine terminal at the of section 17 of the Securities Act of 1933, ice-free port of Valdez on Alaska’s south­ Order Temporarily Suspending Exemption, as amended. ern coast. Construction of TAPS com­ Statement of Reasons Therefor and It appearing to the Commission that menced in 1974 and is scheduled for Notice of Opportunity for Hearing it is in the public interest and for the completion in the second half of 1977. J anuary 28, 1975. protection of investors that the exemp­ The other owners of TAPS are seven Mincomp Corp. (Issuer), 1780 South tion of Mincomp Corporation under companies which also have interests in Bellaire, Denver, Colorado 80222, incor­ Regulation A be temporarily suspended. the Prudhoe Bay field. Each owner is porated in Colorado on January 15, 1970, It is ordered, pursuant to rule 261(a) separately responsible for raising its filed1'with the Commission on July 13, of the General Rules and Regulations share of the cost of construction of 1973, a Notification on Form 1-A and an under the Securities Act of 1933, as TAPS. As the estimated total cost of Offering Circular relating to a proposed amended, that the exemption of the Is­ TAPS is $5.98 billion, Applicant’s 5 per­ public offering of 300,000 shares of its suer under Regulation A be, and it here­ cent share is approximately $300 million no par common stock of $1.00 per share by is, temporarily suspended. (not including interest during construc­ for an aggregate offering price of $300,- It is further ordered, pursuant to Rule tion) . 000. The purpose of this filing was to 7 of the Commission’s rules of practice, Applicant proposes to finance its share obtain an exemption from the registra­ that the issuer file an answer to the al­ of costs of TAPS by a single public offer­ tion requirements of the Securities Act legations contained in the order within ing of debt securities (the “Debt Secu­ of 1933, as amended, pursuant to the thirty days of the entry thereof. rities”), which Debt Securities will be provisions of section 3(b) thereof, and Notice is hereby given that any person guaranteed as to principal, premium, if Regulation A adopted thereunder. Mr. having any interest in the matter may any, and interest by Mobil. In addition, Edward R. Mellicker, Jr., vice president file with the Secretary of the Commission Mobil will enter into an agreement with and director of the Issuer, 1130 Grape, a written request for a hearing within Applicant which will provide undertak­ Denver, Colorado, was designated as un­ thirty days after the entry of this ings by Mobil to provide Applicant with derwriter for the Issuer. The Issuer’s order; that within twenty days after re­ any funds necessary to permit it to meet Form 2-A Report filed on January 11, ceipt of such request the Commission its obligations incurred under the Debt 1974, showed that the offering com­ will, or at any time upon its own motion Securities. menced on August 10, 1973, and termi­ may, set the matter down for hearing at The Debt Securities will be registered nated on January 10, 1974. a place to be designated by the Commis­ under the Securities Act of 1933 (the The Commission, on the basis of in­ sion, for the purpose of determining “1933 Act”) and an indenture with re­ formation reported to it by its staff has whether this order of suspension should spect thereto will be qualified under the reasonable cause to believe that: be vacated or made permanent, without Trust Indenture Act of 1939 (the “Trust A. The notification and offering cir­ prejudice, however, to the consideration Indenture Act”). Applicant filed on Jan­ cular filed by the issuer contain untrue and presentation of additional matters uary 23, 1975, the applicable registration statements of material facts and omit at the hearing; and that notice of the statement under the 1933 Act to register to state material facts necessary in order time and place for said hearing will be $300,000,000 amount of Debt Securities. to make the statements made, in the promptly given by the Commission, the The Debt Securities will be offered to the light of the circumstances under which order shall become permanent on the public through a firm commitment un­ they were made, not misleading, in the thirtieth day after its entry and shall derwriting to be managed by Morgan following respects: Stanley & Co. Inc. 1. The failure to disclose bank over­ remain in effect unless it is modified or vacated by the Commission. Applicant submits that approximately drafts and other corporate debts result­ $79 million of the public offering net pro­ ing from the Issuer’s operations; By the Commission. 2. The failure to disclose the existence ceeds of $297 million will be used to re­ of repurchase agreements between in­ [ seal] G eorge A. F it z sim m o n s, pay existing TAPS indebtedness. The re­ siders and various persons purchasing Secretary. mainder will be used to finance most of pursuant to the offering; [FR Doc.75-3657 riled 2-7-75:8:45 am] Applicant’s share of the estimated cost

FEDERAL REGISTER, VOL 40, NO. 28— MONDAY, FEBRUARY 10, 1975 6246 NOTICES of TAPS. Applicant estimates that Section 6(c) of the Act provides that the date of the hearing (if ordered) and monthly aggregate amounts averaging the Commission, by order upon applica­ any postponements thereof. $10 million in 1975 and $8 million in 1976 tion, may conditionally or uncondition­ By the Commission. will be disbursed to meet cash calls. The ally exempt any person or transaction balance of the cost will be payable in from any provision or provisions of the [ seal] G eorge A. F it z sim m o n s, 1977. Applicant proposes to lend funds in Act to the extent such exemption is nec­ Secretary. excess of current and continuing needs essary or appropriate in the public in­ [FR Doc.75-3658 Filed 2-7-75;8:45 am] to Mobil for general corporate purposes terest and consistent with the protection or from time to time invest such funds of investors and the purposes fairly in­ [Bel. No. 812-3712] pending their investment in TAPS in tended by the policy and provisions of the short-term securities, consisting only of Act. THE MUNICIPAL INCOME FUND, AND United States government securities. Ap­ Applicant has agreed, in the event that MERRILL LYNCH, PIERCE, FENNER & plicant estimates that .the amount of ex-> the Commission grants the application, SMITH INC. cess funds available will be $218,000 mil­ to the insertion in the Commission’s Filing of Application lion after the public offering, $121 mil­ order of the following conditions: J anuary 31, 1975. lion at year end 1975, and $17 million (1) Applicant will file with the Com­ at year end 1976. mission, within 120 days after the close Notice is hereby given that the Mu­ Section 3(a) (1) of the Act defines the of each fiscal, year of Applicant, com­ nicipal Income Fund, First Insured Dis­ term “investment company” to include mencing with the first fiscal year in count Series (the “Fund”) and Subse­ any issuer which “is * * * engaged pri­ which it issues and sells any debt secu­ quent Series (hereinafter called the marily, or proposes to engage primarily, rities: (a) the data required by Items “Funds”), registered under the Invest­ in the business of investing, reinvesting, 1.08 (except with respect to information ment Company Act of 1940 (the “Act”) or trading in securities.” Section 3(a) (3) relating to persons under common con­ as unit investment trusts, and the spon­ of the Act defines “investment company” trol with Applicant), 1.09, 1.10, and 1.11 sor, Merrill Lynch, Pierce, Fenner & to include any issuer which “is engaged of Form N-1R adopted by the Commis­ Smith Inc., One Liberty Plaza, 165 or proposes to engage in the business of sion pursuant to section 30 (a) of the Act Broadway, New York, N.Y. 10006 (“Spon­ investing, reinvesting, owning, holding, and (b) an annual balance sheet, income sor”), '(collectively the “Applicants”), or trading in securities, and owns or pro­ and surplus statment, and a schedule of filed an application on October 24, 1974, poses to acquire investment securities investments. and amendments thereto on Decem­ having a value exceeding 40 per centum (2) With respect to Applicant’s excess ber 10,1974, December 16,1974, and Jan­ of the value of such issuer’s total assets funds other than amounts loaned to uary 28, 1975, pursuant to section 6(c) (exclusive of government securities and Mobil, Applicant will invest in short term of the Act for an order of the Commis­ cash items) on an unconsolidated basis. securities which will consist only of U.S. sion exempting the Funds from the pro­ Applicant submits that, since its pro­ government securities, that is securities visions of section 14(a) of the Act and posed loans to Mobil and U.S. govern­ issued or guaranteed as to principal or the provisions of rule 19b-l under the ment securities investments will consti­ interest by the United States, or by a per­ Act and exempting the Sponsor from the tute at least initially the greater part of son controlled or supervised by and act­ provisions of rule 22c-l, under the Act. its assets and since all of its income until ing as an instrumentality of the Govern­ All interested persons are referred to the TAPS commences operations will be ment of the United States pursuant to application on file with the Commission derived from either the loans to Mobil authority granted by the Congress of the for a statement of the representations or the U.S. government securities, it may United States; or any certificates of de­ contained therein, which are summa­ be considered to be an investment com­ posit for any of the foregoing. rized below. pany under the Act. Notice is further given that any in­ The Fund, an unmanaged investment The Debt Securities to be publicly of­ terested person may, not later than company, will be governed under New fered by Applicant will be guaranteed February 18, 1975, at 12:30 p.m., submit York law by a Trust Agreement (the as to principal, premium, if any, and in­ to the Commission in writing a request “Trust Agreement”) under which the terest by Mobil. Applicant states that the for a hearing on the matter accompanied Sponsor will act as such, The Bank of guarantees will rank equal to all other by a statement as to the nature of his New York will act as Trustee, and Stand­ indebtedness of Mobil and, upon liquida­ interest, the reason for such request, and ard & Poor’s Corp. will act as Evaluator. tion of Mobil, would have a claim on the the issues, if any, of fact or law proposed Pursuant to the Trust Agreement, the assets of Mobil equal to that of all other to be controverted, or he may request Sponsor will deposit with the Trustee indebtedness of Mobil. Applicant submits that he be notified if the Commission $50,000,000 principal amount of bonds that the payment of its Debt Securities shall order a hearing thereon. Any such (the “Bonds”) , which the Sponsor will will not depend on its investment policy. communication should be addressed: have accumulated for such purposes. The Applicant asserts that Mobil is not an Secretary, Securities and Exchange Com­ Bonds deposited with the Trustee are “investment company”, as defined in sec­ mission, Washington, D.C. 20549. A copy identified and the acquisition or sub­ tion 3(a) of the Act and that had Mobil of such request shall be served person­ stitution of any other securities for any itself engaged in the proposed operations ally or by mail (air mail if the person be­ of the identified Bonds is prohibited, ex­ the Act would be inapplicable. Applicant ing served is located more than 500 miles cept for bonds acquired pursuant to re­ further states that for business reasons, from the point of mailing) upon. Ap­ funding or refinancing. The identified principally the applicability of Interstate plicant at the address stated above. Proof Bonds may be sold from time to time by Commerce Act regulation to the com­ of such service (by affidavit, or in case of the Trustee upon the Sponsor’s direction pany owning an interest in TAPS, Mobil an attomey-at-law, by certificate) shall only under certain circumstances set deemed it advisable to form Applicant be filed contemporaneously with the re­ forth in the Trust Agreement including, to operate TAPS. quest. As provided by Rule 0-5 of the principally, default in the payment of principal or interest, actions or proceed­ All equity securities of Applicant will rules and regulations promulgated under be owned solely by Mobil. Any securities ings instituted at law or in equity seeking of the Applicant publicly offered will be the Act, an order disposing of the appli­ to restrain or enjoin the payment of prin­ registered under the 1933 Act, and an cation will be issued as of course follow­ cipal or interest on any such Bonds, indenture with respect thereto will be ing February 18, 1975, unless the Com­ breach of covenant or warranty in any qualified under the Trust Indenture Act. mission thereafter orders a hearing upon document under which such Bonds are Applicant will be subject to the reporting request or upon the Commission’s own outstanding which might adversely af­ requirements of the 1934 Act. Applicant motion. Persons who request a hearing, fect the payment of principal or interest also states that the proposed acts will on such Bonds, or a decline in the price help to make available to the economy of or advice as to whether a hearing is of any of such Bonds to such an extent, the United States extensive resources of ordered, will receive any notices and or other market or credit factors which low sulfur oil. orders issued in this matter, including in the opinion of the sponsor makes the

FEDERAL REGISTER, YOL. 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 NOTICES 6247 retention of such Bonds detrimental to and may be selected on the basis of dif­ Rule 19b-l (a) under the Act provides, the interest of Unitholders. However, the ferent quality standards. The principal in substance, that no registered invest­ proceeds from such dispositions must be amount of bonds deposited, the number ment company which is a “regulated in­ distributed to the Unitholders. Interest of Units issued, and the sales charge on vestment company” shall distribute more on the Bonds also must be paid out to such Units may vary in Subsequent than one capital gain distribution in any Unitholders. Series, and the payment of principal and one taxable year. Paragraph (b) of the The Bonds will consist of bonds issued interest on bonds in the portfolios of rule contains a similar prohibition for a by states, counties, territories, or muni­ Subsequent Series may not be insured. company not a “regulated investment cipalities of the United States and au­ Section 14(a) of the Act requires that company,” provided, however, that a thorities, municipal corporations, and a registered investment company (a) unit investment trust may distribute political subdivisions thereof. They are have a net worth of at least $100,000 capital gains distributions received from to be selected on the basis of yield, qual­ prior to making a public offering of its a “regulated investment company” with­ ity, and diversification and will be pur­ securities, (b) have previously made a in a reasonable time after receipt. chased at deep market discounts. Pay­ public offering and at the time have had Applicants state that the Funds are ments of principal arid interest on the a net worth of $100,000 or (c) have made unmanaged investment companies with Bonds in the portfolio for the First In­ arrangements for at least $100,000 to be portfolios of pre-deposited and identified sured Discount Series will be insured paid in by 25 or fewer persons before Bonds. Once the initial deposit is made, under an insurance policy issued by acceptance of public subscriptions. prior to the public offering of Units, other MGIC Indemnity Corp. The assets of the Each Series of The Municipal Bond securities may not be acquired in addi­ Fund will consist of the Bonds, such Fund at the date of deposit of the under­ tion to or in substitution for any of the bonds as may continue to be held from lying Bonds and before any Unit is of­ Bonds except in the case of refundings time to time in exchange for or in sub­ fered to the public is intended to have or refinancings. Although Bonds may be stitution of any of the Bonds upon re­ a net worth substantially in excess of sold by the Trustee upon the Sponsor’s fundings or refinancings, accrued and $100,000 represented by the market value direction under certain circumstances undistributed interest, and undistributed of the Bonds on that date. However, the stated in the Trust Agreement, such' cir­ cash. Sponsor’s deposit in the Funds of Bonds cumstances are limited. with a net worth in excess of $100,000, Distributions of principal constituting Simultaneously with the deposit of the in exchange for Units of the Funds which capital gains tp Unitholders may arise in Bonds, the Trustee will deliver to the the Sponsor intends to offer to the pub­ the following instances: (1) an issuer Sponsor for sale to the public registered lic, may not satisfy these provisions of might call or redeem an issue held in the certificates for 50,000 Units of fractional the Act. portfolio and (2) Bonds might be liqui­ undivided interest in the Fund (the Applicants, therefore, request exemp­ dated in order to provide the funds neces­ “Units”) , which will represent the entire tion from the provisions of section 14(a) sary to meet redemptions. ownership of the Fund. Units of the of the Act in order that they may make Applicants contemplate making Fund will be offered to the public either a public offering of Units of the Fund monthly distributions of principal and separately or in “Combined Units” to­ and Subsequent Series as described interest to Unitholders of a Series. Ap­ gether with shares of Putnam Investors above. Applicants state that investors plicants state that the dangers against Fund, Inc. (an open-end management will be offered interests in the Funds which* rule 19b-l is intended to. guard do investment company). The offering will which will be unmanaged investment not exist in Applicants’ situation since the be made separately through a final pros­ companies with portfolios composed of events which may give rise to capital pectus at a Public Offering Price com­ pre-deposited and identified Bonds. gains are substantially independent of puted by adding to the offering side eva­ As a condition to the requested exemp­ any action by the Sponsor and the luation of the Bonds, divided by the tion, the Sponsor has agreed that it will Trustee., number of Units, a sales charges. The refund, on demand and without deduc­ Any capital gains or return of capital sales charge on the Units will be 4 per­ tion, all sales charges to purchasers of distributions will be clearly distinguished cent of the Public Offering Price of the Units of any Series from the Sponsor or from interest distributions in the accom­ Units whether the Units are purchased from any underwriter or dealer partici­ panying report by the Trustee to Unit- separately or in combination with Put- pating in the distribution, and liquidate holders. Applicants contend that it would name shares. Units are redeemable on the Bonds held by any Series and dis­ clearly be to the detriment of Unitholders the basis of the bid side evaluation of tribute the proceeds thereof if, within if a Series is required to hold any money, the Bonds. ninety days from the time that the reg­ which might be capital gains, until the The Sponsor, while under no obliga­ istration statement relating to the Units end of its taxable year before distribut­ tion to do so, intends to maintain a of such. Series shall have become effec­ ing such gains to Unitholders. market for Units of the Fund and to offer tive, the net worth of the Series shall Applicants further state that the pur­ to purchase such Units at prices which be reduced to less than $100,000 or if pose behind paragraph b of rule 19b-l is are based upon the aggregate offering such Series of the Fund shall have been to avoid forcing a Unit investment trust price of the Bonds. Should business rea­ terminated. The Sponsor has further to accumulate valid distributions received sons dictate, such as if the supply of agreed to instruct the Trustee to termi­ throughout the year until year end and Units exceeds demand, the Sponsor may nate such Fund in the event redemption that the Fund’s situation is within the purchase Units at prices below the offer­ by the Sponsor of unsold Units results intended objectives of such provisions ing prices of Bonds, with a minimum in such Fund having a net worth of less even though each Series will not invest in offer equal to the Unit redemption value, than 40 percent of the principal amount regulated investment companies. and in such cases the Sponsor will tender of Bonds in the initial portfolio, and in Rule 22c-l provides, in part, that these Units to the Trustee for redemption the event of any such termination the redeemable securities of registered in­ and will not resell them in the secondary Sponsor will refund; on demand and vestment companies must be sold, market. without reduction, all sales charges to redeemed, or repurchased at a price The organization, operation and mar­ purchasers of Units of such Fund from based on the current net asset value keting of Units of Subsequent Series may the Sponsor or from any underwriter (comnuted on each day during which vary in that one or more additional in­ or dealer participating in the distribu­ the New York Stock Exchange (the vestment banking firms may act as spon­ tion. “NYSE”) is open for trading not less sor in addition to Sponsor, the public Applicants contend that in these cir­ frequently than once daily as of the time sale of the Units may be done through cumstances it is appropriate in the pub­ of the close of trading on such Ex­ the Sponsor as sole underwriter or lic interest and consistent with the pro­ change) which is next computed after through an underwriting account, and tection of investors and the purposes receipt of a tender of such security for the trustee and evaluator may vary. With fairly intended by the policies and pro­ redemption or of an offer to repurchase respect to the portfolio bonds in Subse­ visions of the Act to exempt the Fund or sell such security. quent Series, they may or may not be and all Subsequent Series from the pro­ Applicants seek an order pursuant to purchased at deep market discounts visions of section 14(a) of the Act. section 6(c) of the Act exempting the

FEDERAL REGISTER, VOL. 40, NO. 28— MONDAY, FEBRUARY 10, 1975 6248 NOTICES secondary market operations of the half point ($5.00 on a unit representing suspended» for the period from Febru­ Sponsor from the provisions of rule 22c-l $1,000 principal amount of underlying ary 3,1975, through February 12, 1975. under the Act. The Sponsor proposes to bonds) it will perform a new evaluation. By the Commission. adopt the practice of valuing units of a Section 6(c) of the Act provides, in Series, for purchase and resale by the part, that the Commission may condi­ [seal] G eorge A. F it z sim m o n s, Sponsor in the secondary market, at tionally or unconditionally exempt any Secretary. prices computed once a week as of the person, security, or transaction, or any [FR Doc.75-3654 Filed 2-7-75;8:45 am] close of business of the NYSE on the last class or classes of persons, securities, or business day of the week, effective for transactions from any provisions of the all transactions made during the follow­ Act or of any rule or regulation under the [Release No. IC-8645; File No. S7-539] ing week. The evaluation is to be made Act, if and to the extent such exemption REGISTRATION OF FOREIGN by the Evaluator. is necessary or appropriate in the public INVESTMENT COMPANIES Applicants state that rule 22c-l has interest and consistent with the protec­ two purposes: (1) to eliminate or reduce tion of investors and the purposes fairly Extension of Deadline for Public Comments any dilution of the value of outstanding intended by the policy and provisions of The Securities and Exchange Commis­ redeemable securities of registered in­ the Act. sion has extended from January 31,1975, vestment companies which would occur Notice is further given that any inter­ until March 3, 1975, the period within through the redemption or repurchase of ested person may, not later than Febru­ which written comments may be submit­ such securities at a price above their net ary 25, 1975, at 5:30 p.m., submit to the ted on the questions posed in investment asset value or the sale of such securities Commission in writing a request for a Company Act Release No. 8596 (Decem­ at a price lower than their net asset value hearing on the matter accompanied by a ber 2, 1974), 39 FR 44516, December 24, and (2) to minimize speculative trading statement as to the nature of his interest, 1974, relating to the registration of- for­ practices in the securities of registered the reason for such request, and the is­ eign investment companies under the In­ investment companies. sues, if any, of fact or law proposed to be vestment Company Act of 1940. Applicants assert that the pricing by controverted, or he may request that he Comments should be addressed to the Sponsor in the secondary market will be notified if the-Commission shall order George A. Fitzsimmons, Secretary, Secu­ in no way affect the assets of a Series a hearing thereon. Any such communica­ rities and Exchange Commission, 500 . since the price at which units of a Series tions should be addressed: Secretary, Se­ North Capitol Street, Washington, D.C. are sold or repurchased in the secondary curities and Exchange Commission, 20549. All such communications should market does not affect the value of either Washington, D.C. 20549. A copy of siifeh bear the File No. S7-539 and will be the underlying Bonds or the fractional request shall be served personally or by available for public inspection. undivided interest hrthose Bonds repre­ mail (air mail if the person being served By the Commission. sented by each unit outstanding. Fur­ is located more than 500 miles from the thermore, Applicants state that sec­ Dated: January 17,1975. ondary market trading in the Funds is point of mailing) upon Applicants at the not attractive to speculators since the address stated above. Froof of such serv­ [ seal] G eorge A. F it z sim m o n s, Funds are designed for investors who de­ ice (by affidavit, or in case of an attor­ Secretary. ney-at-law, by certificate) shall be filed [FR Doc.75-3664 File 2-7-75; 8:45 am] sire fixed income with diversification. contemporaneously with the request. As The evaluation process involves highly provided by rule 0-5 of the rules and reg­ complicated and specialized techniques. ulations promulgated under the Act, an [File No. 500-1] Only through a substantial transaction order disposing of the application will be could a would-be speculator produce a issued as of course following February 25, ROYAL PROPERTIES INC. profit. Applicants state, that they antici­ Suspension of Trading pate that the number of Units available 1975, unless the Commission thereafter orders a hearing upon request or upon J anuary 31, 1975. ■ in the secondary market will be very the Commission’s own motion. Persons limited, t. who request a hearing, or advice as to It appearing to the Securities and Ex­ Applicants state that while the pur­ whether a hearing is ordered, will receive change Commission that the summary poses for which rule 22c-l was adopted suspension of trading in the common would not be served by its application to any notices and orders issued in this the Funds, the interests of investors matter, including the date of the hear­ stock of Royal Properties Inc. being would be significantly impaired by im­ ing (if ordered) and any postponements traded otherwise than on a national se­ posing upon them the cost of additional thereof. curities exchange is required in the pub­ determinations of net asset value which For the Commission, by the Division of lic interest and for the protection of would- be required by the Rule, particu­ Investment Management Regulation, pursuant to delegated authority. investors; larly in light of the anticipated low vol­ Therefore, pursuant to section 15(c) ume of secondary market activity. [ seal] G eorge A. F it z sim m o n s, Applicants represent that backward Secretary. (5) of the Securities Exchange Act of pricing is necessary in order that the [FOR Doc.75-8659 Filed 2-7-75;8:45 am] 1934, trading in such securities otherwise Sponsor may be able to quote a price at than on a national securities exchange is which it will buy or sell Units. A price [File No. 500-1] # suspended, for the period from Feb­ to be determined several days in the ruary 2,1975, through February 11, 1975. future would be unsatisfactory to the NICOA CORP. Unitholders as well as to the Sponsor By the Commission. Suspension of Trading and prospective buyers. [ seal] G eorge A. F it z sim m o n s, A procedure will be instituted, with­ J anuary 31, 1975. Secretary. out additional cost to investors, whereby It appearing to the Securities and Ex­ [FR Doc.75-3655 Filed 2-7-75; 8:45 am] the Evaluator will provide informal change Commission that the summary evaluations to protect Unitholders and suspension of trading in the common investors. In the case of a repurchase, [File No. 500-1] if the Evaluator cannot state that the stock of Nicoa Corp. being traded other­ current bid price is not higher than or wise than on a national securities ex­ WINNER INDUSTRIES, INC. equal to the previous Friday’s offering change is required in the public interest Suspension of Trading Mde evaluation, the Sponsor will order and for the protection of investors; J anuary 31,1975. a new evaluation. In the case of a resale Therefore, pursuant to section 15(c) of Units in the secondary market, if the It appearing to the Securities and Ex­ Evaluator determines that the offering (5.) of the Securities Exchange Act of change Commission that the summary side evaluation has decreased by an 1934, trading in such securities otherwise suspension of trading in the common amount greater than or equal to one- than on a national securities exchange is stock of Winner Industries, Inc. being

FEDERAL REGISTER, V O L 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 NOTICES 6249 traded otherwise than on a national se­ Program through. February 28, 1975. There­ MC 123407 Sub 190, Sawyer T ransport, Inc., fore, Temporary Instruction No. 613-7/642-5, application dismissed. curities exchange is required in the pûb- issued Septem ber 21, 1974, SUBJECT: Late MC-F-12269, R-W Service System, Inc.—Pur­ lic interest and for the protection of in­ Registration, which was to terminate Febru­ chase (Portion)—Scherer Freight Lines, vestors; ary 1, 1975, will rem ain in force through Inc., now assigned March 4,1975, at Detroit, Therefore, pursuant to section 15(e) February 28, 1975. Mich., is postponed to April .1, 1975, a t De­ (5) of the Securities Exchange Act of This Temporary Instruction shall termi­ troit; Mich., in a hearing room to be later 1934, trading in such securities otherwise n ate on M arch 1, 1975. - designated. than on a national securities exchange is Dated: February 4,1975. [ seal] R obert L. O sw ald, suspended, for the period from Febru­ Secretary. ary 2, 1975, through February 11, 1975. B yron V. P e p it o n e , Director. [FR Doc.75-3679 Filed 2-7-75;8:45 am] By the Commission. [FR Doc.75-3601 Filed 2-7-75;8:45 am] [ seal] G eorge A. F it z sim m o n s, FOURTH SECTION APPLICATIONS FOR Secretary. INTERSTATE COMMERCE RELIEF [PR Doc.75-3656 Piled 2-7-75;8:45 am] COMMISSION F ebruary 5, 1975. An application, as summarized below, SMALL BUSINESS ADMINISTRATION [Notice No. 692] has been filed requesting relief from the GUARANTEED LOANS ASSIGNMENT OF HEARINGS requirements of section 4 of the Inter­ Establishment of Maximum Interest Rates F ebruary 5, 1975. state Commerce Act to permit common Carriers named or described in the ap­ Notice is given that the Small Business Cases assigned for hearing, postpone­ plication to maintain higher rates and Administration (“SBA”) has established ment, cancellation or oral argument ap­ charges at intermediate points than the maximum rates of interest that lend­ pear below and will be published only those sought to be established at more ing institutions participating with SBA once. . Thjs list contains prospective as distant points. may charge on loans approved by SBA on signments only and does not include Protests to the granting of an appli­ or after February 15,1975, under section cases previously assigned hearing dates. cation must be prepared in accordance 7 of the Small Business Act, as amended, The hearings will be on the issues as with Rule 40 of the General Rules of and section 502 of the Small Business presently reflected in the Official Docket Practice (49 CFR 1100.40) and filed on Investment Act, as amended. of the Commission. An attempt will be or before February 25, 1975. Effective February 15, 1975, the maxi­ made to publish notices of cancellation FSA No. 42933—Wrought Iron or Steel mum rate of interest acceptable to SBA of hearings as promptly as possible, but Oil Country Tubular Goods and Line Pipe on a guaranteed loan or guaranteed re­ interested parties should take appropri­ volving line of credit shall be eleven per­ ate steps to insure that they are noti­ to Ivanhoe, Louisiana. Filed by South­ cent <11 percent) a year, and the maxi­ fied of cancellation or postponements western Freight Bureau, Agent, (No. B- mum rate on an immediate-participation of hearings in which they are interested. 511), for interested rail carriers. Rates loan shall be ten percent (10 percent) No amendments will be entertained after on wrought iron or steel country tubular a year. These maximum interest rates February 10,1975. goods and line pipe, in carloads, as de­ shall remain in effect until notification MO 115667 Sub 8, Arrow T ransfer Co., LTD., scribed in the application, from Minne- of a change is issued by SBA. now being assigned April 8, 1975, a t Olym­ This notice is issued under 13 CFR pia, Washington, in a hearing room to be qua and Pueblo, Colarado, to Ivanhoe, 120.3(b) (2) (vi). later designated. Louisiana. MO 217 Subs 16 and 17, Point Transfer, Inc., Grounds for relief—Rate relationship. C atalog o f F ederal D o m e s t ic As s ist a n c e MC 13569 Subs 27 and 30, T he Lake Shore P rog ram s M otor F reight Company, MC 14552 Subs Tariff—Supplement 64 to Southwest­ No. 59.012 Sm all B usiness Loans. 50 and 53, J. V. McNlcholas T ransfer Com­ ern Freight Bureau, Agent, tariff 259-F, No. 59.013 B tate an d Local Developm ent pany and MC 138286 Sub 2, Jo h n F. Scott I.C.C. No. 5080. Rates áre published to Company Loans. Company; now assigned continued hearing become effective on March 6,1975. No. 59.014 Coal Mine H ealth an d Safety M arch 17, 1975 (2 weeks), a t P ittsburgh, Loans. Pa., in Room 2212, Federal Building, 1000 FSA No. 42934—Joint Water-Rail No. 59.017 M eat and P oultry inspection Liberty Avenue. FF 455, National Ware­ Container Rates—Nippon Yusen Kaisha. Loans (Consumer Protection house & Distribution Co., DBA, National Filed by Nipón Yusen Kaisha, (No. 7), L o an s). Distribution Systems, now being assigned for itself and interested rail carriers. No. 59.018 O ccupational Safety and H ealth April 8, 1975 (2 days), a t S alt Lake City, Rates on general commodities, between Loans. Utah, in a hearing room to be designated No. 59.001 Displaced B usiness Loans. ports in Japan, Korea, Hong Kong, and No. 59.003 Economic O pportunity Loans for later. Taiwan, and rail stations on the U.S. Small Business. MC 111812 Sub 509, M idwest Coast Transport, Inc., now being assigned April 10, 1975 (2 Atlantic and Gulf Seaboard. Dated: February 6,1975. days), at Salt Lake City, Utah, in a hear­ Grounds for relief—Water competi­ T hom as S .K l e p p e , ing room to be designated later. tion. Administrator. MC 134370 Sub 12, Osborne T racing Co., Inc., FSA No. 42935—Joint Water-Rail Con­ [PR Doc.75-3833 Filed 2-7-75;9:46 am] now being assigned April 14, 1974 (1 w k.), tainer Rates—Show a Line, Ltd. Filed by at Denver, Colo., in a hearing room to be Showa line, Ltd. (No. 11), for itself and SELECTIVE SERVICE SYSTEM designated later. interested rail carriers. Rates on general M C-F 11787, N. N. C. F reight System—P u r­ commodities, between ports in Japan, REGISTRANTS PROCESSING MANUAL chase—William Louis Damon, DBA Damon Korea, Hong Kong, The Philippines, The Registrants Processing Manual Freight Lines, now being assigned April 21, is an internal manual of the Selective 1975 (1 wk.), at Albuquerque, N. Mexico, Taiwan, Malaysia, Indonesia, and The Service System. The following portion of in a hearing room to be designated later. Republic of Singapore, and rail station that Manual is considered to be of suffi­ MC 95876 Sub 154, Anderson Tracking Serv­ at Providence, R.I. cient interest to warrant publication in ice, Inc., now being assigned April 28, 1985, Grounds for relief—Water competi­ the F ederal R e g ist e r : at St. Paul, Minn., in a hearing room to be tion. [TEMPORARY INSTRUCTION NO. 613-8/ later designated. By the Commission. 642-6] MC 139821 Sub 1, H augen T ransit, Inc., now ISSUED: January 31, 1975. being assigned May 1, 1975, a t St. Paul, [sea l] R obert L. O sw ald, SUBJECT: Late Registration. Minn., in a hearing room to be later desig­ Secretary, President Ford has extended the Clemency nated. [FR Doc.75-3678 Filed 2-7-75;8:45 am]

FEDERAL REGISTER, V O L 40, NO. 26— M O ND AY, FEBRUARY 10, 1975 6250 NOTICES

IRREGULAR-ROUTE MOTOR COMMON the one hand, and, on the other, points Lebanon, Pa.; points on a line beginning CARRIERS OF PROPERTY in Maine, New Hampshire, and Rhode at Lancaster, Pa., thence along Penn­ Island (Quincy, Mass., and points within sylvania Highway 501 to Lititz, Pa.; and Elimination of Gateway Letter Notices 5 miles thereof)*; (10) between points points on a line beginning at the New F ebruary 4, 1975.. in Pennsylvania,, on the one hand, and, Jersey-Pennsylvania State line, thence The following letter-notices of pro­ on the other, points in Maine arid New along U.S. Highway 1 to Philadelphia). posals to eliminate gateways for the pur­ Hampshire (Brookline, Mass.)*; (11) The purpose of this filing is to eliminate pose of reducing highway congestion, al­ between points in Rhode Island, on the the gateway of Greensboro, N.C. leviating air and noise pollution, mini­ one hand, and, on the other, points m No. MC 106401 (Sub-No. E4), filed mizing safety hazards,» and conserving Maine (Hull, Mass.)*; (12) between May 13,1974. Applicant: JOHNSON MO­ fuel have been filed with the Interstate points in New Jersey, on the one hand, TOR LINES, INC., P.O. Box 10877, Commerce Commission under the Com­ and, on the other, points in Maine Charlotte, N.C. 28234. Applicant’s repre­ mission’s gateway elimination rules (49 (Brookline, Mass.)*; and (13) between sentative: Thomas G. Sloan (same as CFR 1065(a)), and notice thereof to all points in Connecticut, on the one hand, above). Authority sought to operate as interested persons is hereby given as and, on the other, points in Maine a common carrier, by motor vehicle, over provided in such rules. (Brookline, Mass.) *. The purpose of this irregular routes, transporting: General An original and two copies of protests filing is to eliminate the gateways indi­ commodities (except those of unusual against the proposed elimination of any cated by asterisks above. value, Classes A and B explosives, house­ gateway herein described may be filed No. MC 106401 (Sub-No. E2), filed hold goods as defined by the Commission, with the Interstate Commerce Commis­ May 13, 1974. Applicant: 'JOHNSON commodities in bulk, commodities re­ sion on or before February 20, 1975. A MOTOR LINES, INC., P.O. Box 10877, quiring special equipment, livestock and copy must also be served upon applicant Charlotte, N.C. 28234. Applicant’s repre­ commodities injurious or contaminat­ or its representative. Protests against the sentative: Thomas G. Sloan (same as ing to other lading, uncrated store fix­ elimination of a gateway will not operate above). Authority sought to operate as a tures, uncrated hotel equipment, and to stay commencement of the proposed common carrier, by motor vehicle, over uncrated kitchen equipment), from operation. irregular routes, transporting: General Coming and New York, N.Y., Hagers­ Successively filed letter-notices of the commodities (except those of unusual town, Md., Danville, Lynchburg, same carrier under these rules will be value, classes A and B explosives, house­ Roanoke, and Winchester, Va., points numbered consecutively for convenience hold goods as defined by the Commis­ in Bergen, Burlington, Cumberland, Es­ in identification. Protests, if any, must sion, commodities in bulk, commodities sex, Gloucester, Hudson, Mercer, Mid­ refer to such letter-notices by number. requiring special equipment, livestock, dlesex, and Passaic Counties, N.J.,5 and No. MC 78842 (Sub-No. E l), filed and commodities injurious or contam­ points in that part of Pennsylvania on May 16, 1974. Applicant:. DALEY & inating to other lading), from points in and east of a line beginning at the WANGER, 821 Nantasket Ave., Hull, that part of South Carolina south of a Maryland-Pennsylvania State line, Mass. 02045. Applicant’s representative: line beginning at the Georgia-South thence along U.S. Highway 522 to Selins- Mr. Herbert F. Fleck (same as above). Carolina State line, thence along U.S. grove, Pa., thence along U.S. Highway Authority sought to operate as a common Highway 1 to junction U.S. Highway 76, 11 to the Pennsylvania-New York State carrier, by motor vehicle, over irregular thence along U.S. Highway 76 to the line, and to points in South Carolina west routes, transporting:- Household goods, South Carolina-North Carolina State or north of a line consisting of the as defined by the Commission, (1) line, to points in Allegany, Baltimore, western and northern boundaries of between points in Alabama, on the one Frederick, and Washington, Counties, Horry, Georgetown, Williamsburg, Clar­ hand, and, on the other, points in Maine, Md. (except points on a line beginning endon, Calhoun, Orangeburg, and Barn­ New Hampshire, and Rhode Island at the Maryland-Pennsylvania State well Counties, S.C. (except points on a (Quincy, Mass., and points within 15 line, thence along U.S. Highway 111 to line beginning at the Georgia-South miles thereof)*; (2) between points in junction Maryland Highway 45, thence Carolina State line, thence along U.S. Florida, on the one hand, and, on the along Maryland Highway 45 to Towson, Highway 123 to Greenville, S.C., points other, points in Maine, New Hampshire, Md., thence along U.S. Highway 111 to on a line beginning at the Georgia-Sbuth and Rhode Island (Quincy, Mass., and Baltimore, Md., thence along U.S. High­ Carolina State line, thence along U.S. points within 5 miles thereof) *; (3) way 1 to the Maryland-District of Highway 29 to Lyman, S.C., thence along between points in Georgia, on the one Columbia State line; points on a line Alternate U.S. Highway 29 to the South hand, and, on the other, points in Maine, beginning at the Frederick County, Md., Carolina-North Carolina State line; New Hampshire, and Rhode Island line, thence along Maryland Highway 194 points on U.S. Highway 1 between the (Quincy, Mass., and points within 5 miles to junction Maryland Highway 26, thence Georgia-South Carolina State line and thereof) *; (4) between points in North along Maryland Highway 26 to junction the South Carolina-North Carolina Carolina, on the one hand, and, on the U.S. Highway 15, thence along U.S. State line; points on U.S. Highway 76 other, points in Maine, New Hampshire, Highway 15 to Frederick, Md., thence between Columbia and Florence, S.C.; and Rhode Island (Quincy, Mass., and along Alternate U.S. Highway 40 to and points on a line beginning at Sum­ points within 5 miles thereof)*; (5) Hagerstown, Md.; points on a line begin­ ter, S.C., thence along U.S. Highway 15 between points in South Carolina, on the ning at the Fennsylvania-Maryland to junction U.S. Highway 52, thence one hand, and, on the other, points in State line, thence along Maryland High­ along U.S. Highway 52 to Cheraw, S.C.). Maine, New Hampshire, and Rhode way 60 to Hagerstown, Md.; points on a The purpose of this filing is to eliminate Island (Quincy, Mass., and points within line beginning at Baltimore, Md., thence the gateways of Nicholson, Pa., Newark, 5 miles thereof) *; (6) between points in along U.S. Highway 40 to the Harford N. J., and Charlotte, N.C. Tennessee, on the one hand, and, on the County, Md. line), and to points in No. MC 106401 (Sub-No. E6), filed other, points in Maine, New Hampshire, Berks, Bucks, Chester, Dauphin, Dela­ May 13, 1974. Applicant: JOHNSON and Rhode Island (Quincy, Mass., and ware, Lancaster, Lebanon, Lehigh, Mon­ MOTOR LINES, INC., P.O. Box 10877, points within 5 miles thereof)*;' (7) roe, Montgomery, Northampton, and Charlotte, N.C. 28234. Applicant's repre­ between points in Maryland, on the one Schuylkill Counties, Pa. (except points sentative: Thomas G. Sloan (same as hand, and, on the other, points in Maine, on a line beginning at the Delaware- above). Authority sought to operate as New Hampshire,' and Rhode. Island Pennsylvania State line, thence along a common carrier, by motor vehicle over (Quincy, Mass., and points within 5 miles U.S. Highway 13 to Philadelphia, Pa.; irregular routes, transporting: General thereof)*; (8) between points in Vir­ points on a line beginning at the commodities except those of unusual ginia, on the one hand, and, on the other, Susquehanna River, thence along U.S. Highway 30 to Lancaster, Pa., thence value, classes A and B explosives, house­ points in Maine, New Hampshire, and hold goods as defined by the Commis­ Rhode Island (Quincy, Mass., and points along U.S. Highway 222 to Reading, Pa.; within 5 miles thereof)*; (9) between points on a line beginning at Harrisburg, sion, commodities in bulk, commodities points in the District of Columbia, on Pa., thence along U.S. Highway 422 to requiring special equipment, livestock,

FEDERAL REGISTER, VOL. 40, NO. 28— MONDAY, FEBRUARY 10, 1975 NOTICES 6251 and commodities injurious or contami­ kitchen equipment), between Corning thence along Interstate Highway 75 to nating to other lading, uncrated store and New York, N.Y., Hagerstown, Md., junction U.S. Highway 25E, thence along fixtures, uncratéd hotel equipment, and Danville, Lynchburg, Roanoke, and Win­ U.S. Highway 25E to the Kentucky- uncrated kitchen equipment, (1) from chester, Va., points in Bergen, Burling­ Tennessee State line and on the west by New York, N.Y., Hagerstown, Md., Win­ ton, Cumberland, Essex, Gloucester, a line beginning at the Ohio-Kentucky chester, Va., points in Bergen, Burling­ Hudson, Mercer, Middlesex, and Passaic •State line and extending along U.S. ton, Cumberland, Essex, Gloucester, Counties, N.J., and points in that part of Highway 27 to junction Kentucky High­ Hudson, Mercer, Middlesex, and Passaic Pennsylvania on and east of a line begin­ way 617, thence along Kentucky High­ Counties, N.J., and points in that part of ning at the Maryland-Pennsylvania way 617 to junction U.S. Highway 62, Pennsylvania on and east of a line begin­ State line, thence along U.S. Highway 522 thence along U.S. Highway 62 to junction ning at the Maryland-Pennsylvania to junction U.S. Highway 11 to the Penn­ Kentucky Highway 165, thence along State line, thence along U.S. Highway sylvania-New York State line, on the Kentucky Highway 165 to junction Ken­ 522 to Selinsgrove, Pa., thence along U.S. one hand, and, on the other, points in tucky Highway 32, thence along Ken­ Highway 11 to the Pennsylvania-New that part of Georgia and South Carolina tucky Highway 32 to junction Kentucky York State line, and, to points in Alex­ on a line beginning at Atlanta, Ga., Highway 201, thence along Kentucky ander, Buncombe, Burke, Cabarrus, thence along U.S. Highway 29 to Lyman, Highway 201 to junction U.S. Highway Caldwell, Catawba, Cleveland, Gaston,. S.C., thence along Alternate U.S. High­ 460, thence along U.S. Highway 460 to Henderson, Iredell, Lincoln, McDowell, way 29 to the South Carolina-North the Kentucky-Virginia State line. The Mecklenburg, Polk, Rowan, Rutherford, Carolina State line; points in that part purpose of this filing is to eliminate the Stanly, and Union Counties, N.C. (ex­ of Georgia and South Carolina on a line gateway of Arke, Mercer, and Auglaize cept points on a line beginning at the beginning at Lawrenceville, Ga., thence Counties, Ohio. South Carolina-North Carolina State along Georgia Highway 20 to junction No. MC 106920 (Sub-No. E60), filed line, thence along Alternate U.S. High­ U.S. Highway 23, thence along U.S. High­ June 3, 1974. Applicant: RIGGS FOOD way 29 to Grove, N.C., thence along U.S. way 23 to junction U.S. Highway 123, EXPRESS, INC., P.O. Box 26, New Bre­ Highway 29 to Charlotte, N.C., thence thence along U.S. Highway 123 to Green­ men, Ohio 45869. Applicant’s representa­ along North Carolina Highway 49 to ville, S.C.; points in that part of Georgia tive: E. Stephen Heisley, 666 Eleventh junction unnumbered highway, thence and South Carolina on a line beginning Street NW., Washington, D.C. 20001. Au­ along unnumbered highway to Concord, at Athens, Ga., thence along U.S. High­ thority sought to operate as a common N.C., thence along Alternate U.S. High­ way 78 to junction U.S. Highway 1, carrier, by motor vehicle, over irregular way 29 to junction U.S. Highway 29, thence along U.S. Highway 1 to the routes, transporting: Commodities clas­ thence along U.S. Highway 29 to the South Carolina-North Carolina State sified as dairy products under B in the Rowan-Davidson County line; and appendix to the report in modification points on a line beginning at Salisbury, line; points in that part of South Caro­ N. C., thence along U.S. Highway 70 to lina on a line beginning at Columbia, of permits of motor contract carriers of Hickory, N.C., thence along U.S. High­ S.G., thence along U.S. Highway 76 to packinghouse products, 48 M.C.C. 628, way 321 to junction Alternate U.S. junction U.S. Highway 15, thence along from points in Michigan on and north Highway .321, thence along Alternate U.S. Highway 15 to junction U.S. High­ of a line beginning at Lake Superior U.S. Highway 321 to Valmead, N.C.); and way 52, thence along U.S. Highway 52 to extending along U.S. Highway 41 to junc­ (2) from Corning, N.Y., and Danville and Cheraw, S.C.; points in that part of tion Michigan Highway 28, thence along Lynchburg, Va., to points in Buncombe, South Carolina on a line beginning at Michigan Highway 28 to junction Michi­ Burke, Caldwell, Catawba, Cleveland, Sumter, S.C., thence along U.S. Highway gan Highway 77, thence along Michigan Gaston, Henderson, Lincoln, McDowell, 76 to junction U.S. Highway 52, thence Highway 77 to junction U.S. Highway Mecklenburg, Polk, and Rutherford along U.J3. Highway 52 to Society Hill, 2, thence along U.S. Highway 2 to its Counties, N.C., (except points on a line S.C. The purpose of this filing is to elimi­ intersection with unnumbered highway beginning at the South Carolina-North nate the gateways of Nicholson, Pa., at Gulliver, Michigan, to points in Ten­ Newark, N.J., and Pineville, N.C. nessee. The purpose of this filing is to Carolina Staté'line, thence along Alter­ eliminate the gateways of Darke, Mer­ nate U.S. Highway 29 to Grover, N.C., No. MC 106920 (Sub-No. E57), filed cer, and ’Auglaize Counties, Ohio. thence along U.S. Highway 29 to junc­ June 3, 1974. Applicant: RIGGS FOOD tion North Carolina Highway 49, thence EXPRESS, INC., P.O. Box 26, New Bre­ No. MC 106920 (Sub-No. E61), filed along North Carolina Highway 49 to the men, Ohio 45869. Applicant’s representa­ June 3, 1974. Applicant: RIGGS FOOD Mecklenburg-Cabarrus County line; and tive: E. Stephen Heisley, 666 Eleventh EXPRESS, INC., P.O. Box 26, New Bre­ points on a line beginning at the Ire- Street NW., Washington, D.C. 20001. Au­ men, Ohio 45869. Applicant’s representa­ dell-Catawba County line, thence along thority sought to operate as a common tive: E. Stephen Heisley, 666 Eleventh U.S. Highway 70 to junction U.S. High­ carrier, by motor vehicle, over irregular Street NW., Washington, D.C. 20001. Au­ way 321, thence along U.S. Highway 321 routes, transporting: Commodities classi­ thority sought to operate as a common to junction Alternate U.S. Highway. 321, fied as dairy products under B in the ap­ carrier, by motor vehicle, over irregular thence along Alternate U.S. Highway 321 pendix to the report in modification of routes, transporting: Commodities clas­ to Valmead, N.C,). The purpose of this permits of motor contract carriers of sified as dairy products under B in the filing is to eliminate the gateways of packinghouse products, 48 M.C.C. 628, appendix to the report in Modification Nicholson, Pa., Newark, N.J., and Char­ from points in Texas on and west of a of Permits of motor contract carriers lotte, N.C. line beginning at the Texas-Mexico In­ of packinghouse products, 48 M.C.C. 628, ternational Boundary line and extending from the upper peninsula of Michigan to No. MC 106401 (Sub-No. E22), filed points in Tennessee on and east of a line May 13, 1974. Applicant: JOHNSON along U.S. Highway 80 to junction U.S. beginning at the Kentucky-Tennessee MOTOR LINES, INC., P.O. Box 10877, Highway 385, thence along U.S. Highway State line and extending along Inter­ Charlotte, N.C. 28234. Applicant’s repre­ 385 to junction U.S. Highway 62r thence state Highway 65 to junction U.S. High­ sentative: Thomas G. Sloan (same as along U.S. Highway 62 to junction Inter­ way 31, thence along U.S. Highway 31 to above). Authority sought to operate as state Highway 27, thence along Interstate the Tennessee Alabama State line. The a common carrier, by motor vehicle, over Highway 67 to junction U.S. Highway purpose of this filing is to eliminate the irregular routes, transporting: General 287, thence along U.S. Highway 287 to the gateways of Darke, Mercer, and Auglaize commodities (except those of unusual Texas-Oklahoma State line, to points in Counties, Ohio. value, classes A and B explosives, house­ Kentucky east of a line beginning at the hold goods as defined by the Commission, Kentucky-Indiana State line and ex­ No. MC 106920 (Sub-No. E62), filed June 3, 1974. Applicant: RIGGS FOOD commodities in bulk, commodities re­ tending along Interstate Highway 64 to EXPRESS, INC., P.O. Box 26, New Bre­ quiring special equipment, livestock, and junction U«S. Highway 127, thence along men, Ohio 45869. Applicant’s representa­ commodities injurious or contaminating U.S. Highway 127 to junction U.S. High­ tive : E. Stephen Heisley, 666 Eleventh to other lading, uncrated store fixtures, way 150, thence along U.S. Highway 150 Street NW., Washington, D.C. 20001. Au­ uncrated hotel equipment, and uncrated to junction Interstate Highway 75, thority sought to operate as a common

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 6252 NOTICES carrier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular nection therewith (restricted to commod­ routes, transporting: Commodities clas­ routes, transporting: Plastic and alu­ ities transported on trailers), (d) be­ sified as dairy products under B in the minum pipe (except oilfield pipe as de­ tween points in Nebraska west of U.S. appendix to the report in modification scribed in Mercer Extension-Oil Field Highway 81, on the one hand, and, on Of permits of motor contract carriers of Commodities, 74 M.C.C. 459), the trans­ the other, points in North Dakota on and packinghouse products, 48 M.C.C. 628, portation of which because of its size east of a line beginning at the North from the Upper Peninsula of Michigan or weight requires the use of special Dakota-South Dakota State line, thence to points in Mississippi on and south of equipment; (a) from points in Delaware northerly along North Dakota Highway a line beginning at the Alabama-Missis- to points in Arizona, New Mexico, and 18 to junction Interstate Highway 94, sippi State line and extend along Missis­ those in Oklahoma on and west of U.S. thence westerly along Interstate High­ sippi Highway 50 to jUncton U.S. High­ Highway 83 (points in Hall County, way 94 to junction North Dakota High­ way 82, thence along U.S. Highway 82 Nebr.) *; (b) from points in Maryland on way 1, thence northerly along North Da­ to junction Mississippi Highway 12, and east of U.S. Highway 15 to points in kota Highway. 1 to the United States- thence along Mississippi Highway 12 to Arizona (same as (a )) *; (c) from points Canada Boundary line (except points on junction Mississippi Highway 43, thence in Maryland on, east, and south of In­ North Dakota Highway 1 lying on or along Mississippi Highway 43 to junction terstate Highway 83 from the Pennsyl- north of U.S. Highway 2). The purpose Interstate Highway ?0, thence along In­ vania-Maryland State line to its junc­ of this filing is to eliminate the gateways terstate Highway 20 to the Mississippi- tion with U.S. Highway 301, thence along of points in South Dakota in (a) and (b) Louisiana State line. The purpose of this U.S. Highway 301 to the Maryland-Vir- and points in Minnesota within 50 miles filing is to eliminate the gateway of ginia State line to points in that part of Sioux Falls, S. Dak., in (c) and (d). Darke, Mercer, and Auglaize Counties, of New Mexico, except points south and The purpose of this partial correction is Ohio. east of a line beginning along U.S. High­ to clarify the commodity description. No. MC 111496 (Sub-No. E l), filed way 60 at the New Mexieo-Texas State The remainder of this letter-notice re­ June 4, 1974. Applicant: TWIN CITY line, thence westerly along U.S. Highway mains as previously published. 60 to junction U.S. Highway 54, thence FREIGHT, INC., 2550 Long Lake Road, No. MC 114019 (Sub-No. E418), filed Roseville, Minn 55113. Applicant’s repre­ southerly along US. Highway 54 to the New Mexico-Texas State line*. The pur­ May 14, 1974. Applicant: MIDWEST sentative: R. E. Caturia (same as above). EMERY FREIGHT SYSTEM, INC., 7000 Authority sought to operate as a com­ pose of this filing is to eliminate the gateways indicated by asterisks above. S. Pulaski Road, Chicago, Illinois 60629. mon carrier, by motor vehicle, over irreg­ Applicant’s representative: Arthur J. ular rotes, transporting: General com­ *nie purpose of this partial correction is to clarify the commodity description. Sibik (same as above). Authority sought modities, except those of unusual value, to operate as a common carrier, by motor classes A and B explosives, household The remainder of this letter-notice re­ mains as previously published. vehicle, over irregular routes, transport­ goods as defined by the Commission, ing: Packinghouse products and by­ commodities in bulk, and commodities No. MC 113855 (Sub-No. E37) (Correc­ products, and packinghouse supplies, requiring special equipment, from Fargo, tion), filed May 30, 1974, published in from Sioux City and Des Moines, Iowa, North Dakota, to those points in North the F ederal R egister January 8, 1975. Omaha, Nebraska, Kansas .City, and Dakota on and North of North Dakota Applicant: INTERNATIONAL TRANS­ Wichita, Kansas, and St. Joseph and Highway 5. The purpose of this filing is PORT, INC., 2450 Marion Rd., S.E., Kansas City, Missouri, to points in Ver­ to eliminate the gateway of points in Rochester, Minn. 55901. Applicant’s rep­ mont, New Hampshire, Massachusetts, Walsh County, North Dakota. resentative: Michael E. Miller, 502 First Connecticut, Rhode Island, Delaware, No. MC 113855 (Sub-No. E2), (Correc­ Nat’l Bank Bldg., Fargo, N. Dak: 58102. those points in Virginia on and east of Authority sought to operate as a common U.S. Highway 501, those points in Mary­ tion), filed June 13, 1974, published in carrier, by motor vehicle, over irregular the F ederal R egister January 7, 1975. land on and east of U.S. Highway 15. Applicant: INTERNATIONAL TRANS­ routes, transporting: (2) Self-propelled The purpose of this filing is to eliminate PORT, INC., 2450 Marion Rd., SE„ articles, each weighing 15,000 pounds or the gateway of Pittsburgh, Pennsylvania, more and related machinery, tools, parts and Chicago, Illinois. Rochester, Minn. 55901. Applicant’s rep­ and supplies moving in connection there­ resentative: Herbert J. Hilken (same as with (restricted to commodities trans­ No. MC 114211 (Sub-No. E492), filed above) . Authority sought to operate as ported on trailers), (f) between points in June 4, 1974. Applicant: WARREN a common carrier, by motor vehicle, over ■ Wisconsin on and west of U.S. Highway TRANSPORT, INC., P.O. Box 420, irregular routes, transporting: (2) Self- .51, on the one hand, and, on the other, Waterloo, Iowa 50704. Applicant’s repre­ propelled articles, each weighing 15,000 points in the District of Columbia and sentative: Kenneth R. Nelson (same as pounds or more and related machinery, Virginia on and east of Interstate High­ above). Authority sought to operate as tools, parts, and supplies moving in con­ way 95. The purpose of this filing is to a common carrier, by motor vehicle, over nection therewith (restricted to com­ eliminate the gateways of Elgin, HI., in irregular routes, transporting: Self-pro­ modities transported on trailers), be­ (a); Elgin, HU and Scranton, Pa., in (b), pelled farm machinery and parts there­ tween points in Idaho, on the one hand, Elgin, HI., and Scranton, Pa., in (c) of, from points in that part of Minne­ and, on the other, points m Michigan. above; and Elgin, HI., and Allentown, sota on and west of a line beginning at The purpose of this filing is to eliminate Pa., in (d), (e), and (f). The purpose of the Minnesota-Wisconsin State line ex­ the gateway of (1) points in Utah, (2) this partial correction is to clarify the tending along interstate Highway 94 to points in Montana and other points in commodity description. The remainder junction Minnesota Highway 3, thence South Dakota east of the Missouri River, of this letter-notice remains as previ­ along Minnesota Highway 3 to junction and (3) points in Wyoming and those in ously published. U.S. Highway 52, thence along U.S. South Dakota east of the Missouri River. Highway 52 to junction U.S. Highway The purpose of this partial correction No. MC 113855 (Sub-No. E39) (Cor­ 63, thence along U.S. Highway 63, to is to clarify the commodity description. rection) , filed May 30, 1974, published in junction Interstate Highway 90, thence The remainder of this letter-notice re­ the F ederal R e g is t e r January 8, 1975. along Iowa Highway 90 to junction U.S. mains as previously published. Applicant: INTERNATIONAL TRANS­ Highway 218, thence along U.S. High­ No. MC 113855 (Sub-No. E21) (Correc­ PORT, INC., 2450 Marion Rd., S.E., way 218 to the Minnesota-Iowa State Rochester, Minn. 55901. Applicant’s rep­ line, and from points in that part of tion), filed May 30, 1974, published in resentative: Michael E. Miller, 502 First the F ederal R egister January 8, 1975. Minnesota on and east of a line begin­ Applicant: INTERNATIONAL TRANS­ Nat’l Bank Bldg., Fargo, N. Dak. 58102. ning at the Minnesota-Wisconsin State Authority sought to operate as a com­ line extending along UJ3. Highway 12 PORT, INC., 2450 Marion Rd., S.E., mon carrier, by motor vehicle, over ir­ to the junction Interstate 694, thence Rochester, Minn. 55901. Applicant’s rep­ regular routes, transporting: (2) Self- along I 694 to junction Interstate High­ resentative : Michael E. Miller, 502 First propelled articles, each weighing 15,000 way 494, thence along Interstate 494 to N atl Bank Bldg., Fargo, N. Dak. 58102. pounds or more and related machinery, junction U.S. Highway 169, thence along Authority sought to operate as a common tools, parts, and supplies moving in con­ U.S. Highway 169 to junction Minnesota

FEDERAL REGISTER, VOL. 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 NOTICES 6253

Highway 22» thence along Minnesota part of Kansas on and south of a line at the Missouri-Hlinois State line ex­ Highway 22 to junction U.S. Highway 16. beginning at the Colorado-Kansas State tending along Missouri Highway 180 to Thence along U.S. Highway 16 to. line extending along U.S. Highway 50 junction Interstate Highway 70, thence junction U.S. Highway 69, thence along to junction U.S. Highway 270, thence along Interstate Highway 70 to junction U.S. Highway 69 to Minnesota-Iowa along U.S. Highway 270 to the Okla- Missouri Highway 19, thence along Mis­ State line, to points in that part of homa-Kansas State line: to points in souri Highway 19 to junction Missouri Michigan on and north of a line be­ that part of Colorado on and west of a Highway 22, thence along Missouri High­ ginning at the Wisconsin-Michigan line beginning at the Wyoming-Colorado way 22 to junction Missouri Highway 15, State line extending along U.S. Highway State line extending along U.S. Highway thence along Missouri Highway 15 to 8 to junction U.S. Highway 2, thence 85 to junction U.S. Highway 287, thence junction U.S. Highway 36, thence along along U.S. Highway 2 to Escanaba, along U.S. Highway 287 to junction U.S. U.S. Highway 36 to the Missouri-Kansas Mich., to points in that part of Wiscon­ Highway 50, thence along U.S. Highway State line, to points in that part of New sin on and north of a line beginning at 50 to the Colorado-Kansas State line; to Mexico on and west of a line beginning the Minnesota-Wisconsin State line ex­ points in that part of Wyoming on, north at the Texas-New Mexico State line ex­ tending along U.S. Highway 8, thence and west of a line beginning at the South tending along Interstate Highway 25 to along U.S. Highway 8 to the Wisconsin- Dakota-Wyoming State line extending junction U.S. Highway 60, thence along Michigan State line; to points in that along U.S. Highway 85 to junction U.S. U.S. Highway 60 to junction New Mexico part of Ohio on and east of a line be­ Highway 18 and 85, thence along U.S. Highway 32, thence along New Mexico ginning at the Ohio-Kentucky State 18 and 85 to junction U.S. Highway 18 Highway 32 to junction U.S. Highway 66, line extending along Interstate Highway and 20, thence along U.S. Highway 18 thence along U.S. Highway 66 to junction 71 to junction State Highway 13, thence and 20, to junction Interstate Highway U.S. Highway 57, thence along U.S. along Ohio Highway 13, to junction U.S. 25. Highway 57 to junction New Mexico Highway 250, thence along U.S. High­ Thence along Interstate Highway 25 Highway 44, thence along New Mexico way 250 to Sandusky, Ohio; to points in to the Wyoming-Colorado State line; to Highway 44 to junction New Mexico that part of Tennessee on and east of a points in that part of South Dakota on, Highway 126, thence along New Mexico line beginning at the Tennessee-Missis­ north and west of a line beginning at the Highway 126 to junction New Mexico sippi State line extending along U.S. North Dakota-South Dakota State line Highway 4, thence along New Mexico Highway 79, to the Kentucky-Tennes­ extending along South Dakota Highway Highway 4 to junction U.S. Highway 285, see State line; to points in that part of 10, thence along South Dakota Highway thence along U.S. Highway 285 to the Kentucky on and south of a line be­ 10 to junction U.S. Highway 83, thence New Mexico-Colorado State line; to ginning at. the Kentucky-Tennessee along U.S. Highway 83, to junction U.S. points in that part of Colorado on and State line extending along U.S. Highway Highway 12, thence along U.S. Highway west and south of a line beginning at the 79 to junction U.S. Highway 68, thence 12 to junction South Dakota Highway 20, New Mexico-Colorado State line extend­ along U £ Highway 68, to junction U.S. thence along North Dakota Highway 20, ing along U.S. Highway 285 to junction Highway 31 E, thence along U.S. High­ to junction South Dakota Highway 65, Colorado Highway 17, thence along Colo­ way 31 E, to junction Interstate High­ thence along North Dakota Highway 65, rado Highway 17 to junction U.S. High­ way 264, thence along interstate High­ to junction U.S. Highway 212, thence way 285, thence along U.S. Highway 285 way 264, to junction Interstate High­ along U.S. Highway 212, to junction to junction U.S. Highway 24, thence way 71, thence along Interstate High­ South Dakota Highway 73, thence along along U.S. Highway 24 to junction Colo­ way 71 to the Kentucky-Indiana State South Dakota Highway 73, to junction rado Highway 82, thence along Colorado line, to points in that part of Arkansas South Dakota Highway 34, thence along Highway 82 to junction Interstate High­ on, south, and east of a line beginning South Dakota Highway 34 to j vmction way 70, thence along Interstate Highway at the Arkansas-Texas State line ex­ U.S. Highway 85, thence along U.S. High­ 70 to junction U.S. Highway 6, thence tending along U.S. Highway 822 to junc­ way 85 to the South Dakota-Wyoming along U.S. Highway 6 west to the Colo- tion U.S. Highway 79, thence along U.S. State line, to points in that part of rado-Utah State line. The purpose of this Highway 79 to the Arkansas-Tennessee North Dakota on and north and west of filing is to eliminate the gateway of State line; to points in that part of a line beginning at the Minnesota-North Council Bluffs, Iowa. Texas on and west of a line beginning Dakota State line extending along Inter­ No. MC 114211 (Sub-No. E558), filed at the Texas-Oklahoma State line ex­ state Highway 94 to junction North June 4, 1974. Applicant: WARREN tending along U.S. Highway 83 to junc­ Dakota Highway 32, thence along North TRANSPORT, INC., P.O. Box 420, tion U.S. Highway 62. Dakota Highway 32 to junction North Waterloo, Iowa 50704. Applicant’s repre­ Thence along U.S. Highway 62 to the Dakota Highway 11, thence along North sentative: Kenneth R. Nelson (same as Texas-Oklahoma State line; to points in Dakota Highway 11 to junction North above) . Authority sought, to operate as that part of Texas on and south of a line Dakota Highway 3, thence along North a common carrier, by motor vehicle, over beginning at the Texas-Oklahoma State Dakota Highway 3 to the North Dakota- irregular routes, transporting: Self-pro­ line extending along U.S. Highway 283 South Dakota State line: and to points pelled farm machinery and parts thereof to junction U.S. Highway 287, thence in Washington, Oregon, California, from that part of Minnesota on, north, along U.S. Highway 287 to junction U.S. Td a.h r>, Nevada, Arizona, Utah, Montana, and west of a line beginning at the Min­ Highway 82, thence along U.S. Highway New Mexico, Louisiana, Mississippi, Ala­ nesota-South Dakota State line extend­ 82 to the Texas-Arkansas State line: to bama, Georgia, Florida, South Carolina, ing along U.S. Highway 12 to junction points in that part of Oklahoma on and North Carolina,, West Virginia. The pur­ U.S. Highway 52, thence along U.S. south of a line beginning at the Texas- pose of this filing is to eliminate the gate­ Highway 52 to junction Minnesota High­ Oklahoma State line extending along way of Minneapolis, Minnesota. way 25, thence along Minnesota Highway U.S. Highway 62 to junction U.S. High­ No. MC 114211 (Sub-No. E554), filed 25 to junction Minnesota Highway 210, way 283, thence along U.S. Highway 283 June 4, 1974. Applicant: WARREN thence along Minnesota Highway 210-to to the Oklahoma-Texas State line: to TRANSPORT, INC., P.O. Box 420, junction Minnesota Hignway 6, thence points in that part of Oklahoma on and Waterloo, Iowa 50704. Applicant’s repre­ along Minnesota Highway 6 to junction west of a line beginning at the Kansas- sentative: Kenneth R. Nelson (same as U.S. Highway 71, thence along U.S. Oklahoma State line extending along above). Authority sought to operate as Highway 71 to the United States-Canada U.S. Highway 83, thence along U.S. High­ a common carrier, by motor vehicle, over International Boundary line, to points way 83 to the Oklahoma-Texas State irregular routes, transporting: Cast iron in that part of California on and south line, and those points in Oklahoma on pressure pipe and fittings and accessories of a line beginning at the Nevada-Cali- and south of line beginning at the Texas- therefor when moving with such pipe, fornia State line extending along U.S. Oklahoma State line extending along the transportation of which because of Highway 6 to junction U.S. Highway U.S. Highway 62 to junction U.S. 283, size or weight, requires special equip­ 395, thence along U.S. Highway 395 to thence along U.S. 283 south to the Okla­ ment, from points in that part of Mis­ junction California Highway 120, thence homa-Texas State Ihre; to points in that souri on and north of a line beginning along California Highway 120 to junction

FEDERAL REGISTER, VOL 40, NO. 28— MONDAY, FEBRUARY 10, 1975 6254 NOTICES

California Highway 140, thence along International Boundary line; to points TRANSPORT, INC., P.O. Box 420, California Highway 140 to junction Cali­ in that part of Wisconsin on and south Waterloo, Iowa 50704. Applicant’s repre­ fornia Highway 99, thence along Cali­ of a line beginning at the Wisconsin- sentative: Kenneth R. Nelson (same as fornia Highway 99 to junction California Minnesota State line extending along above). Authority sought to operate as a Highway 32, thence along California U.S. Highway 12 to junction Interstate common carrier, by motor vehicle, over Highway 32 to junction interstate High­ Highway 94, thence along Interstate irregular routes, transporting: Cast iron way 5, thence along Interstate Highway Highway 94 to junction U.S. Highway 10, pressure pipe and fittings and accessories 5 to junction California Highway 20, thence along U.S. Highway 10 to junction therefor when moving with such pipe, the thence along California Highway 20 to U.S. Highway 41, thence along U.S. High­ transportation of which because of size or Ft. Bragg, Calif.; to points in that part of way 41 to Green Bay; points in Arkansas, weight, requires special equipment, from Nevada on and south of a line beginning Tennessee, Mississippi, Alabama, Geor­ points in that part of Missouri on and at the Nevada-Utah State line extending gia, Florida, South Carolina, Louisiana, west of a line beginning at the Missouri- along Nevada Highway 25 to junction North Carolina, Kentucky, West Virginia, Iowa State line extending along U.S. U.S. Highway 6, thence along U.S. High­ Ohio, Indiana, Illinois, and Arizona, with Highway 71 to junction Interstate High­ way 6 to the Nevada-Califomia State no transportation for compensation on way 29, thence along Interstate Highway line; to points in that part of Utah on return except as otherwise authorized. 29 to junction Interstate Highway 35, and west of a line beginning at the Utah- The purpose of this filing is to eliminate thence along Interstate Highway 35 to Nevada State line extending along Utah the gateway of Minneapolis, Minn. the Missouri-Kansas State line, to points Highway 56 to junction Utah Highway No. MC 114211 (Sub-No. E570), filed in that part of Wisconsin on and north 14, thence along Utah Highway 14 to June 4, 1974. Applicant: WARREN of a line beginning at the Minnesota- junction U.S. Highway 89, thence along TRANSPORT, INC., P.O. Box 420, Wa­ Wisconsin State line extending along U.S. Highway 89 to the Utah-Arizona terloo, Iowa 50704. Applicant’s represen­ Wisconsin Highway 54 to junction U.S. State line; to points in that part of Colo­ tative: Kenneth R. Nelson (same as Highway 12, thence along U.S. Highway rado on and south of a line beginning above) . Authority sought to operate as a 12 to junction U.S. Highway 10, thence at the Colorado-New Mexico State line common carrier, by motor vehicle, over along U.S. Highway 10 to junction Wis­ extending along U.S. Highway 160 to irregular routes, transporting: Hod "bug­ consin Highway 54, thence along Wiscon­ junction U.S. Highway 160 to junction gies and self-propelled sweepers, from sin Highway 54 to Lake Michigan, to U.S. Highway 84, thence along U.S. that part of Kansas on and west of a line points in that part of Michigan on and Highway 84 to the Colorado-New Mexico beginning at the Kansas-Nebraska State north of a line beginning at Lake Michi­ State line; to points in that part of New line extending along U.S. Highway 183 gan extending along U.S. Highway 10 to Mexico on, south, and west of a line to junction Kansas Highway 9, thence junction Interstate Highway 75, thence beginning at the New Mexico-Colorado along Kansas Highway 9 to junction along Interstate Highway 75 to Detroit, State line extending along U.S. Highway Kansas Highway 23, thence along Kansas Mich. The purpose of this filing is to 84, thence along U.S. Highway 84 to the Highway 23 to junction U.S. Highway 83, eliminate the gateway of Council Bluffs, New Mexico-Texas State line; to points Iowa. in that part of Texas on and south of a thence along TJ.S. Highway 83 to junc­ line beginning at the Texas-New Mexico tion U.S. Highway 40, thence along U.S. No. MC 114211 (Sub-No. E578), filed State line extending along U.S. Highway Highway 40 to junction Kansas Highway June 4, 1974. Applicant: WARREN 84 to junction U.S. Highway 82. 25, thence along Kansas Highway 25 to TRANSPORT, INC., P.O. Box 420, Thence along U.S. Highway 82 to junc­ junction U.S. Highway 160, thence along Waterloo, Iowa 50704. Applicant’s repre­ tion U.S. Highway 75, thence along U.S. U.S. Highway 160 to the Kansas-Colo- sentative: Kenneth R. Nelson (same as Highway 75 to the Texas-Oklahoma rado State line; to points in that part above). Authority sought to operate as a State line; to points in that part of Okla­ of Pennsylvania on and east of a line common carrier, by motor vehicle, over homa on and east of a line beginning at beginning at the New York-Pennsylvania irregular routes, transporting: Self-pro­ the Oklahoma-Texas State line extend­ State line extending along Pennsylvania pelled tractors, road making machinery ing along U.S. Highway 69 to junction Highway 449 to junction U.S. Highway and contractors’ equipment and supplies, Interstate Highway 44, thence along In­ 6, thence along U.S. Highway 6 to the from points in that part of Iowa on, terstate Highway 44 to the Oklahoma- Pennsylvania-New Jersey State line; to north and west of a line beginning at the Missouri State line; to points in that part points in that part of New Jersey on and Iowa-Minnesota State line extending of Kansas On and east of a line beginning east of a line beginning at the Pennsyl­ along U.S. Highway 169 to junction U.S. at the Kansas-Missouri State line ex­ vania-New Jersey State line extending Highway 20, thence along U.S. Highway tending along U.S. Highway 66 to junc­ along U.S. Highway 206 to junction New 20 to the Iowa-Nebraska State line, to tion Kansas Highway 26, thence along Jersey Highway 15, thence along New points in that part of New York on and Kansas Highway 26 to junction U.S. Jersey Highway 15 to junction U.S. High­ east of a line, beginning at Lake Ontario way 46, thence along U.S. Highway 46 extending along New York Highway 57 to Highway 69, thence along U.S. Highway to junction New Jersey Highway 53, 69 to the Kansas-Missouri State line; to junction I Highway 81 to junction New thence along New Jersey Highway 53 to York Highway 13, thence along New York points in that part of Missouri on and junction New Jersey Highway 10, thence east of a line beginning at the Missouri- along New Jersey Highway 10 to Newark, Highway 13 to junction New York High­ Kansas State line extending along U.S. N.J.; to points in that part of New York way 14, thence along New York Highway Highway 69, thence along U.S. Highway on and east of a line beginning at Silver 14 to the New York-Pennsylvania State 69 to the Missouri-Iowa State line; to Creek, N.Y., extending along New York line, with no transportation for compen­ points in that part of Iowa on and east Highway 428 to junction New York High­ sation on return except as otherwise au­ of a line beginning at the Iowa-Missouri way 83, thence along New York Highway thorized. The purpose of this filing is to State line extending along U.S. Highway 83 to junction U.S. Highway 62, thence eliminate the gateway of the plant site of 69 to junction Iowa Highway 3, thence along U.S. Highway 62 to junction. New Stinar Corporation at or near Minneapo­ along Iowa Highway 3 to junction U.S. York Highway 17, thence along New lis, Minnesota, Highway 65, thence along U.S. Highway York Highway 17 to junction U.S. High­ No. MC 114211 (Sub-No. E580), filed 65 to the Iowa-Minnesota State line; to way 219, thence along U.S. Highway 219 June 4, 1974. Applicant: WARREN points in that part of Michigan on and to the New York-Pennsylvania State TRANSPORT, INC., P.O. Box 420, Wa­ south of a line beginning at Lake Mich­ line; and points in Massachusetts and terloo, Iowa. 50704. Applicant’s repre­ igan extending along U.S. Highway 10 Connecticut, with no transportation for sentative: Kenneth R. Nelson (same as to junction U.S. Highway 31, thence compensation on return except as other­ above). Authority sought to operate as along U.S. Highway 31 to junction Inter­ wise authorized. The purpose of this fil­ a common carrier, by motor vehicle, state Highway 96, thence along Inter­ ing is to eliminate the gateway of Min­ over irregular routes, transporting: Self- state Highway 96 to junction Michigan neapolis, Minn. propelled farm machinery and parts Highway 21, thence along Michigan No. MC 114211 (Sub-No. E577), filed thereof, from Portal, North Dakota, to Highway 21 to the United States-Canada June 4, 1974. Applicant: WARREN points in that part of Texas on and east

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 NOTICES 6255 of a line beginning at the Oklahoma- with such agricultural machinery and irregular routes, transporting: Grading, Texas State line extending along U.S. implements as described in Sections B paving, and finishing machinery, equip­ Highway 281 to junction Texas High­ and C of Appendix XII to the report in ment, parts, accessories and attachments, way 79, thence along Texas Highway 79 Descriptions in Motor Carrier Certifi­ between that part of South Dakota on to junction U.S. Highway 283, thence cates, 61 M.C.C. 209, except those re­ and east of a line beginning at the South along U.S. Highway 283 to junction U.S. quiring the use of special equipment, Dakota-North Dakota State line extend­ Highway 377, thence along U.S. High­ from Corpus Christi, Texas, to points in ing along U.S. Highway 281 to junction way 377 to Del Rio, Texas; to points in that part of Nebraska on, south and east U.S. Highway 14, thence along U.S. High­ that part of Oklahoma on and east of of a line beginning at the Nebraska-Iowa way 14 to junction South Dakota High­ a line beginning at the Kansas-Okla- State line extending along U.S. Highway way 37, thence along South Dakota High­ homa State line extending along U.S. 6 to junction U.S. Highway 77, thence way 37 to junction South Dakota High­ Highway 77 to junction H. E. Bailey along U.S. Highway 77 to the Nebraska- way 34, thence along South Dakota High­ Turnpike, thence along H. E. Bailey Kansas State line. RESTRICTED way 34 to junction South Dakota Turnpike to the Oklahoma-Texas State against the transportation of commodi­ Highway 37, thence along South Dakota line; to points in that part of Kansas ties the transportation of which, because Highway 37 to junction South Dakota on and east of a line beginning at the of size or weight, requires the use of spe­ Highway 50, thence along South Dakota Nebraska-Kansas State line extending cial equipment or special handling and Highway 50 to junction South Dakota along U.S. Highway 75 to junction Inter­ restricted against the transportation of Highway 11, thence along South Dakota state Highway 35, thence along Inter­ those commodities described in Mercer Highway 11 to the Iowa-South Dakota state Highway 35 to junction U.S. High­ Extention—Oil Field Commodities, 74 State line, on the one hand, and, on the way 77, thence along U.S. Highway 77 M.C.C. 459. The purpose of this filing is other, points in Oklahoma and New to the Kansas-Oklahoma State line; to to eliminate the gateway of points in Mexico. The purpose of this filing is to points in that part of Nebraska on and Nebraska West of U.S. Highway 72. eliminate the gateway of Canton, S. Dak. east of a line beginning at the Iowa- No. MC 114211 (Sub-No. E582), filed No. MC 114211 (Sub-No. E585), filed Nebraska State line extending along U.S. June 4, 1974. Applicant: WARREN June 4, 1974. Applicant: WARREN Highway 2 to junction U.S. Highway 75, TRANSPORT, INC., P.O. Box 420, TRANSPORT, INC., P.O. Box 420, thence along U.S. Highway 75 to the Waterloo, Iowa 50704. Applicant’s repre­ Waterloo, Iowa 50704. Applicant’s repre­ Nebraska-Kansas State line; to points sentative: Kenneth R. Nelson (same as sentative: Kenneth R. Nelson (same as in that part of Iowa on and east of a above). Authority sought to operate as a above). Authority sought to operate as a line beginning at the Minnesota-Iowa common carrier, by motor vehicle, over common carrier, by motor vehicle, over State line extending along Iowa Highway irregular routes, transporting: Tractors,- irregular routes, transporting: Farm ma­ 4 to junction Iowa Highway 9, thence tractor attachments, and parts between chinery and parts thereof, (except com­ along Iowa Highway 9 to junction U.S. the Port of Entry of Miami, Florida, and modities the transportation of which, Highway 71, thence along U.S. Highway Mobile, Alabama, on the one hand, and, because of size or weight, requires the 71 to junction Iowa Highway 3, thence on the other, points in Colorado, Kansas, use of special equipment or special along Iowa Highway 3 to junction U.S. Nebraska, and South Dakota. The pur­ handling), from points in that part of Highway 59, thence along U.S. Highway pose of this filing is to eliminate the Nebraska on and south of a line begin­ 59, to junction Iowa Highway 2, thence gateway of Topeka, Kansas. ning at the Nebraska-Wyoming State along Iowa Highway 2 to the Iowa- line extending along U.S. Highway 26 to Nebraska State line; to points in that No. MC 114211 (Sub-No. E583), filed June 4, 1974. Applicant: WARREN junction U.S. Highway 30, thence along part of Minnesota on, south and east U.S. Highway 30 to junction U.S. High­ of a line beginning at the Wisconsin- TRANSPORT, INC., P.O. Box 420, way 34, thence along U.S. Highway 34 to Minnesota State line extending along Waterloo, Iowa 50704. Applicant’s repre­ junction U.S. Highway 77, thence along U.S. Highway 8 to junction U.S. High­ sentative: Kenneth R. Nelson (same as U.S. Highway 77 to the Nebraska-Kansas way 61, thence along U.S. Highway 61 above). Authority sought to operate as State line, to points in Wisconsin and to junction Minnesota Highway 5, thence a common carrier, by motor vehicle, Michigan, with no transportation for along Minnesota Highway 5, to junction over irregular routes, transporting: compensation on return except as other­ Iowa Highway 494, thence along Inter­ Tractors, road making machinery, and contractors’ equipment and supplies, wise authorized restricted against the state Highway 494, to junction U.S. transportation of those commodities de­ Highway 169, thence along U.S. Highway the transportation of which, because of size or weight, requires the use of special scribed in Mercer Extension-Oil Field 169 to junction Minnesota Highway 60, Commodities, 74 M.C.C. 459. The purpose thence along Minnesota Highway 60 to equipment, between points in that part of Kansas on, north, and west of a line of this filing is to eliminate the gateway junction Minnesota Highway 4, thence of Beatrice, Nebr. along Minnesota Highway 4 to the Min­ beginning at the Nebraska-Kansas State nesota-Iowa State line ; to points in that line extending along U.S. Highway 77 to No. MC 114211 (Sub-No. E586) , filed part of Wisconsin on and east of a line junction Interstate Highway 70, thence June 4, 1974. Applicant: WARREN beginning at Ashland, extending along along Interstate Highway 40 to junction TRANSPORT, INC., P.O. Box 420, U.S. Highway 2 to junction U.S. High­ U.S. Highway 156, thence along U.S. Waterloo, Iowa 50704. Applicant’s rep­ way 63, thence along U.S. Highway 63 Highway 156 to junction U.S. Highway resentative: Kenneth R. Nelson (same as to junction U.S. Highway 8, thence along 56, thence along U.S. Highway 56 to the above). Authority sought to operate as a U.S. Highway 8 to the Wisconsin-Min­ Oklahoma-Kansas State line, on the one common carrier, by motor vehicle, over nesota State line; and to points in Mich­ hand, and, on the other, points in that irregular routes, transporting: Farm ma­ igan, Illinois, Missouri, Arkansas, Louisi­ part of Missouri on, north, and east of a chinery and parts thereof, (except com­ ana, Indiana, Kentucky, Tennessee, line beginning at the Iowa-Missouri modities the transportation of which, Mississippi, Alabama, Georgia, Florida, State line extending along U.S. Highway because of size or weight, require the use South Carolina, North Carolina. West 65 to junction U.S. Highway 36, thence of special equipment or special han­ Virginia, Ohio. along U.S. Highway 36 to the Missouri- dling), between points in Illinois, on the Illinois State line. The purpose of this one hand, and, on the other, points in NO. MC 114211 (Sub-No. E581), filed filing is to eliminate the gateway of that part of Colorado on and northwest June 4, 1974. Applicant: WARREN points in Nebraska. of a line beginning at the Kansas-Colo- TRANSPORT, INC., P.O. Box 420, rado, State line extending along U.S. Waterloo, Iowa 50704. Applicant’s repre­ No. MC 114211 (Sub-No. E584), filed Highway 36 to junction Colorado High­ sentative: Kenneth R. Nelson (same as June 4, 1974. Applicant: WARREN way 57, thence along Colorado Highway above). Authority sought to operate as a TRANSPORT, INC., P.O. Box 420, common carrier, by motor vehicle, over Waterloo, Iowa 50704. Applicant’s repre­ 57 to junction Interstate Highway 70, irregular routes, transporting: Agricul­ sentative: Kenneth R. Nelson (same as thence along Interstate Highway 70 to tural machinery, and implements, other above). Authority sought to operate as a junction U.S. Highway 24, thence along than hand, and parts when transported common carrier, by motor vehicle, over U.S. Highway 24 to junction Colorado

FEDERAL REGISTER, V O L 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 6256 NOTICES

Highway 115, thence along Colorado irregular routes, transporting: Farm ma­ thence along U.S. Highway 30 to junc­ Highway 115 to junction U.S. Highway chinery and parts thereof, from points tion U.S. Highway 71, thence along U.S. 50, thence along U.S. Highway 50 to in that part of Illinois on and north of Highway 71 to junction Iowa Highway junction Colorado Highway 67, thence line beginning at a point of the Illinois- 7, thence along Iowa Highway 7 to junc­ along Colorado Highway 67 to junction Indiana State line extending along U.S. tion U.S. Highway 59, thence along U.S. Colorado Highway 96, thence along Colo­ Highway 24 to junction Illinois Highway Highway 59 to the Iowa-Minnesota State rado Highway 96 to junction Colorado 116, thence along Illinois Highway 116 to line, to points in Texas, with no trans­ Highway 165, thence along Colorado junction U.S. Highway 34, thence along portation for compensation on return Highway 165 to junction Interstate U.S. Highway 34 to the Illinois-Iowa except as otherwise authorized. The pur­ Highway 25, thence along Interstate State line, to points in that part of Texas pose of this filing is to eliminate the Highway 25 to junction U.S. Highway on and west of a line beginning at the gateway of Des Moines, Iowa. 160, thence along U.S. Highway 160 to Oklahoma-Texas State line extending junction U.S. Highway 285, thence along along U.S. Highway 75 to junction Texas No. MC 114211 (Sub-No. E592), filed U.S. Highway 285 to the Colorado-New Highway 288, thence along Texas High­ June 4, 1974. Applicant: WARREN Mexico State line, restricted against the way 288 to the Gulf of Mexico, with no TRANSPORT, INC., P.O. Box 420, transportation of those commodities de­ transportation for compensation on re­ Waterloo, Iowa 50704. Applicant’s rep­ scribed in Mercer Extension-Oil Field turn except as otherwise authorized. The resentative: Kenneth R. Nelson (same Commodities, 74 M.C.C. 459. The purpose purpose of this filing is to eliminate the as above). Authority sought to operate of this filing is to eliminate the gateways as a common carrier, by motor vehicle, gateway of Des Moines, Iowa. over irregular routes, transporting: of Omaha and Beatrice, Nebr., and Coun­ No. MC 114211 (Sub-No. E590), filed Farm machinery and parts thereof from cil Bluffs, Iowa. June 4, 1974. Applicant: WARREN points in that part of Iowa on and east No. MC 114211 (Sub-No. E587), filed TRANSPORT, INC., P.O. Box 420, Wa­ of a line beginning at the Iowa-Missouri June 4, 1974. Applicant: WARREN terloo, Iowa 50704. Applicant’s represen­ state line and extending along Interstate TRANSPORT, INC., P.O. Box 420, Wa­ tative: Kenneth R. Nelson (same as 35 to Junction Iowa Highway 92, thence terloo, Iowa 50704. Applicant’s represen­ above). Authority sought to operate as a along Iowa Highway 92 to Junction U.S. tative: Kenneth R. Nelson (same as common carrier, by motor vehicle, over Highway 169, thence along U.S. High­ above). Authority sought to operate as a irregular routes, transporting: Farm ma­ way 169 to Junction U.S. Highway 18, commok carrier, by motor vehicle, over chinery and parts thereof, from points thence along U.S. Highway 18 to Junc­ irregular routes, transporting: Farm ma­ in that part of Iowa on, north, and east tion Iowa Highway 4, thence along Iowa chinery and parts thereof, from points of a line beginning at the Iowa-Hlinois Highway 4-to the Minnesota-Iowa State in that part of Iowa on and east of a State line extending along U.S. High­ line, to points in Texas, with no trans­ line beginning at the Minnesota-Iowa way 34 to junction Iowa Highway 5, portation for compensation on return as State line extending along U.S. Highway thence along Iowa Highway 5 to junc­ otherwise authorized. The purpose of this 169 to junction U.S. Highway 34, thence tion Iowa Highway 2, thence along Iowa filing is to eliminate the gateway of Ot­ along U.S. Highway 34 to junction Inter­ Highway 2 to junction U.S. Highway 65, tumwa, Iowa. state Highway 35, thence along Inter­ thence along U.S. Highway 65 to junc­ No. MC 114211 (Sub-No. E593), filed state Highway 35 to the Iowa-Missouri tio n U.S. Highway 34, thence along U.S. June 4, 1974. Applicant: WARREN State line, to points in New Mexico, with Highway 34 to junction U.S. Highway TRANSPORT, INC., P.O. Box 420, no transportation for compensation on 275, thence along U.S. Highway 275 to Waterloo, Iowa 50704. Applicant’s rep­ return except as otherwise authorized. junction Interstate Highway 80, thence resentative: Kenneth R. Nelson (same The purpose of this filing is to eliminate along Interstate Highway 80 to junction as above). Authority sought to operate the gateway of Ottumwa, Iowa. Iowa Highway 191, thence along Iowa as a common carrier, by motor vehicle, No. MC 114211 (Sub-No. E588), filed Highway 191 to junction U.S. Highway over irregular routes, transporting: June 4, 1974. Applicant; WARREN 59, thence along U.S. Highway 59 to the Cast iron pressure pipe (other than pipe TRANSPORT, INC., P.O. Box 420, Wa­ Iowa-Minnesota State line, to points in used in or in connection with the dis­ terloo, Iowa 50704, Applicant’s represent­ that part of Texas on, south, and east covery, development, production, refin­ ative: Kenneth R. Nelson (same as of a line beginning at the Texas-Okla­ ing, manufacture, processing, storage, above). Authority sought to'operate as a homa State line extending along Texas transmission, and distribution of natural common carrier, by motor vehicle, over Highway 79 to junction U.S. Highway 82/ gas and petroleum and their products), irregular routes, transporting: Farm ma­ 277, thence along U.S. Highway 82/277 to and fittings and accessories therefor chinery, from points in that part of Illi­ junction with U.S. Highway 283, thence when moving with such pipe, from points nois on and north of a line beginning at along U.S. Highway 283 to junction U.S. in that part of Illinois cm and north of the Illinois-Indiana State line extending Highway 87, thence along U.S. Highway a line beginning at the Missouri-Illinois along Interstate Highway 80 to junction 87 to junction U.S. Highway 377, thence State line, thence along U.S. Highway U.S. Highway 30, thence along U.S. High­ along U.S. Highway 377 to junction U.S. 40 to the Illinois-Indiana State line, way 30 to the Illinois-Iowa State line, to Highway 83, thence along U.S. Highway thence along the Illinois-Indiana State parts of Texas on and west of a line be­ 83 to junction U.S. Highway 57, thence line to the Iowa-Hlinois State line, ginning at the Texas-Oklahoma State along U.S. Highway 57 to Eagle Pass, thence along the Illinois-Iowa State line line extending along Interstate Highway Tex., with no transportation for compen­ to junction U.S. Highway 34, thence 35 to junction U.S. Highway 77, thence sation on return except as otherwise along U.S. Highway 34 to junction Il­ along U.S. Highway 77 to junction U.S. authorized. The purpose of this filing is linois Highway 116, thence along Illinois Highway 87, thence along U.S. Highway to eliminate the gateway of Des Moines, Highway 116 to junction U.S. Highway 87 to the Gulf Coast with no transporta­ Iowa. 24, thence along U.S. Highway 24 to the tion for compensation on return except No. MC 114211 (Sub-No. E591), filed Illinois-Indiana State line, to points in as otherwise authorized restricted June 4, 1974. Applicant: WARREN Idaho, Utah, and Arizona, with no against movement to oil field locations» TRANSPORT, INC., P.O. Box 420, transportation for compensation on re­ The purpose of this filing is to eliminate Waterloo, Iowa 50704. Applicant’s rep­ turn except as otherwise authorized. The the gateways of Nebraska City, Nebr., resentative: Kenneth R. Nelson (same purpose of this filing is to eliminate the Beatrice, Nebr., and points in Iowa. as above). Authority sought to operate gateway of the plant site of the Griffith No. MC 114211 (Sub-No. E589), filed as a common carrier, by motor vehicle, Pipe Co., located at or near Council June 4, 1974. Applicant: WARREN over irregular routes, transporting; Bluffs, Iowa. TRANSPORT, INC., P.O. Box 420, Wa­ Farm machinery and parts thereof, No. MC 114211 (Sub-No. E595), filed terloo, Iowa 50704. Applicant’s represen­ from points in that part of Iowa on and June 4, 1974. Applicant: WARREN tative: Kenneth R. Nelson (same as east of a line beginning at the Iowa- TRANSPORT, INC., P.O. Box 420, above). Authority sought to operate as a Missouri State line extending along U.S. Waterloo, Iowa 50704. Applicant’s rep­ common carrier, by motor vehicle, over Highway 69 to junction U.S. Highway 30, resentative: Kenneth R. Nelson (same

FEDERAL REGISTER, VOL. 40, NO . 28— M O ND AY, FEBRUARY TO, 1975 NOTICES 6257

as above) . Authority sought to operate resentative : Kenneth R. Nelson (same tive: Kenneth R. Nelson (same as above). as a common carrier, by motor vehicle, as above). Authority sought to operate Authority sought to operate as a common over irregular routes, transporting: as a common carrier, by motor vehicle, carrier, by motor vehicle, over irregular Farm machinery and parts thereof, be­ over irregular routes, transporting: routes, transporting: Farm machinery tween points in that part of Illinois on Farm machinery and parts thereof, from and parts thereof between points in that and north of a line beginning at the points in Illinois, to points in that part of part of Iowa on, north and east of a line Iowa-Indiana State line extending along New Mexico on and west of a line begin­ beginning' at the Iowa-Nebraska State Interstate Highway 80 to junction Il­ ning at the New Mexico-Texas State line line extending along U.S. Highway 6 to linois Highway 92, thence along Illinois extending along New Mexico Highway junction U.S. Highway 59, thence along Highway 92 to the Ulinois-Iowa State 170 to junction U.S. Highway 64, thence U.S. Highway 59, to junction U.S. High­ line, on the one hand, and, on the other, along U.S. Highway 64 to junction New way 30, thence along U.S. Highway 30, points in that part of Missouri on, north, Mexico Highway 44, thence along New to junction U.S. Highway 17, thence and east of a line beginning at the Iowa- Mexico Highway 44, to junction New along U.S. Highway 17 to junction U.S. Missouri State line extending along U.S. Mexico Highway 4, thence along New Highway 20, thence along U.S. Highway Highway 65 to junction U.S. Highway Mexico Highway 4 to junction U.S. 20, to junction U.S. Highway 69, thence 36, thence along U.S. Highway 36 to the Highway 84, thence along U.S. Highway along U.S. Highway 69, to junction U.S. Missouri-Kansas State line. The purpose 84 to junction New Mexico Highway 14, Highway 18, thence along U.S. Highway of this filing is to eliminate the gateway thence along New Mexico Highway 14 18, to junction U.S. Highway 52, thence of DCs Moines, Iowa. to junction U.S. Highway 54, thence along U.S. Highway 52 to the Iowa-Hli- along U.S. Highway 54 to the New nois-Wisconsin State lines, on the one No. MC 114211 (Sub-No. E596), filed Mexico-Texas State line. The purpose of hand, and, on the other, points in that June 4, 1974. Applicant: WARREN this filing is to eliminate the gateway of part of Oklahoma on and west of a line TRANSPORT, INC., P.O. Box 420, Ottumwa, Iowa. Waterloo, Iowa 50704. Applicant’s repre­ beginning at the Kansas-Oklahoma State sentative: Kenneth R. Nelson (same as No. MC 114211 (Sub-No. E605), filed line extending along U.S. Highway 75 to above). Authority sought to operate as a June 4, 1974. Applicant: WARREN junction Indiana Turnpike, thence along common carrier, by motor vehicle, over TRANSPORT, INC., P.O. Box 420, Water­ Indiana Turnpike to junction U.S. High­ irregular routes, transporting: Farm loo, Iowa 50704. Applicant’s representa­ way 271, thence along U.S. Highway 271 machinery and parts thereof, from tive: Kenneth R. Nelson (same as above). to the Oklahoma-Texas State line, re­ points in that part of Illinois on and Authority sought to operate as a common stricted against the transportation of north of a line beginning at the Mis- carrier, by motor vehicle, over irregular commodities the transportation of which souri-Hlinois State line extending along routes, transporting: Agricultural shred­ because of size or weight; requires the Illinois Highway 140 to junction U.S. ders, agricultural sprayers, scalpers, row use of special equipment or special han­ Highway 40, thence along U.S. 40 to crop shields, corn cribs (knocked down), dling, and restricted against the trans­ junction Illinois Highway 33, thence and attachments and parts for said portation of those commodities described along Illinois Highway 33 to junction shredders, sprayers, scalpers, and com in Mercer Extension Oil Field Commodi­ Illinois Highway 130, thence along cribs, when moving incidental to and in ties, 74 MCC 459. The purpose of this fil­ Ulinpis Highway 130 to junction U.S. 50, the same vehicle with said commodities, ing is to eliminate the gateways of Omaha thence along U.S. Highway 50 to the from points in that part of Missouri on and Beatrice, Nebraska, and Council Illinois-Indiana State line, to points in and east of a line beginning at the Mis- Bluffs, Iowa. New Mexico, with no transportation for souri-Iowa State line extending along No. MC 114211 (Sub-No. E607), filed compensation on return except as other­ Interstate Highway 29 to junction Inter­ June 4, 1974. Applicant: WARREN wise authorized. The purpose of this state Highway 35, thence along Inter­ TRANSPORT, INC., P.O. Box 420, filin gis to eliminate the gateway of state Highway 35 to the Missouri-Kansas Waterloo, Iowa 50704. Applicant’s rep­ Ottumwa, Iowa. State line, to points in that part of In­ resentative: Kenneth R. Nelson (same diana on and north of a line beginning at as above). Authority sought to operate as No. MC 114211 (Sub-No. E597), filed the Illinois-Indiana State line extend­ a common carrier, by motor vehicle, over June 4, 1974. Applicant: WARREN ing along Interstate Highway 94 to junc­ irregular routes, transporting: Farm ma­ TRANSPORT, INC., P.O. Box 420, tion U.S. Highway 20, thence along U.S. chinery and parts thereof, between points Waterloo, Iowa 50704. Applicant’s repre­ Highway 20 to the Indiana-Ohio State in that part of Iowa on and west of a sentative: Kenneth R. Nelson (same as line; to points in that part of Ohio on line beginning at the Minnesota-Iowa above). Authority sought to operate as a and north of a line beginning at the State line extending along Iowa High­ common carrier, by motor vehicle, over Ohio-Indiana State line extending along way 86 to junction U.S. Highway 71, irregular routes, transporting: Farm U.S. Highway 20 to junction Ohio High­ thence along U.S. Highway 71, to junc­ machinery, from points in that part of way 18, thence along Ohio Highway 18, tion Iowa Highway 10, thence along Iowa Illinois on and north of a line beginning to junction Interstate Highway 77, thence Highway 10, to junction U.S. Highway 59, at the Iowa-Hlinois State line extending along Interstate Highway 77, to junction thence along U.S. Highway 59, to junc­ along U.S. Highway 136 to junction U.S. U.S. Highway 30, thence along U.S. High­ tion Iowa Highway 175, thence along Highway 24, thence along U.S. Highway way 30 to the Ohio-Pennsylvania State Iowa Highway 37, to junction Interstate 24 to the Illinois-Indiana State line, to line; to points in that part of Pennsyl­ points in that part of Texas on and vania on and north of a line beginning at Highway 29, thence along Interstate southwest of a line beginning at the the Pennsylvania-Ohio State line extend­ Highway 29, to junction U.S. Highway 6, United States-Mexico Boundary line ex­ ing along U.S. Highway 30 to junction thence along U.S. Highway 6 west to tending along U.S. Highway 277 to junc­ U.S. Highway 140, thence along U.S. Iowa-Nebraska State line, on the one tion U.S. Highway 83, thence along U.S. Highway 140 to the Pennsylvania-Mary- hand, and, on the other, points in Okla­ Highway 83 to junction U.S. 62, thence land State line; and to points in Michi­ homa, restricted against the transporta­ along U.S. Highway 62 to the Texas- gan and New York (except points in Oklahoma State line with no transpor­ Kings, Queens, Nassau, and Suffolk tion of commodities the transportation tation for compensation on return ex­ Counties), with no transportation for of which, because of size or weight, re­ cept as otherwise authorized, restricted compensation on return except as other­ quires the use of special equipment or against movement to oil field locations. wise authorized. The purpose of this fil­ special handling, and restricted against The purpose of this filing is to eliminate ing is to eliminate the gateway of Oel- the gateways of Des Moines, Iowa, and the transportation of those commodi­ Beatrice, Nebraska. wein and Des Moines, Iowa. ties described in Mercer Extension Oil No. MC 114211 (Sub-No. E604), filed No. MC 114211 (Sub-No. E606), filed Field Commodities, 74 MCC 459. The June 4, 1974. Applicant: WARREN June 4, 1974. Applicant: WARREN purpose of this filing is to eliminate the TRANSPORT, INC., P.O. Box 420, TRANSPORT, INC., P.O. Box 420, Water­ gateways of Omaha and Beatrice, Ne­ Waterloo, Iowa 50704. Applicant’s rep­ loo, Iowa 50704. Applicant’s representa­ braska, and Council Bluffs, Iowa.

FEDERAL REGISTER, V O L 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 6258 NOTICES

No. MC 114211 (Sub-No. E608), filed sentative: Kenneth R. Nelson (same as Kansas, Colorado, Wyoming, South Da­ June 4, 1974. Applicant: WARREN above). Authority sought to operate as a kota, Nebraska, Iowa, Missouri, Arkan­ TRANSPORT, INC., P.O. Box 420, common carrier, by motor vehicle, over sas, Louisiana, Mississippi, Tennessee, Waterloo, Iowa 50704. Applicant’s rep­ irregular routes, transporting: Tractors Illinois, Wisconsin, Indiana, Michigan, resentative: Kenneth R. Nelson (same (except truck tractors) scrapers, motor Ohio, Kentucky, Alabama, Georgia, as above). Authority sought to operate as graders, wagons, engines (except air­ Florida, South Carolina, North Carolina, a common carrier, by motor vehicle, over craft and missile engines), generators, Virginia, West Virginia, Pennsylvania, irregular routes, transporting: Self-pro­ engines and generators combined, weld­ District of Columbia, Maryland, Dela­ pelled tractors, road making machinery ers, road rollers, and dump trucks and ware, New Jersey, Connecticut, Rhode and contractors? equipment and supplies, parts attachments and accessories for Island; New York, Massachusetts, New from points in that part of Illinois on the above described commodities from Hampshire, Vermont, Maine, and to and north of a line beginning at Indiana- Aurora, Joliet, Mossville, Decatur, Mor­ points in that part of Montana on and minois State line and extending along ton, and Peoria, Illinois and points with­ southwest of a line beginning at the U.S. Highway 30 to the Ulinois-Iowa in 15 miles of Peoria, Illinois to points North Dakota-Montana State line thence State line, to points in California, Nevada in North Dakota, Montana, Idaho, along Interstate Highway 94 to junction and Utah, and to points in that part of Washington, Oregon, and to points in Montana Highway 200 S, thence along Arizona on and west of a line beginning that part of Wyoming on and north of Montana Highway 200 S to junction at the Colorado-Arizona State line ex­ the line beginning at the Wyoming-Ne- Montana Highway 200, thence along tending along U.S. Highway 16 to junc­ braska State line and extending along Montana Highway 200 to junction U.S. tion Arizona Highway 63, thence along U.S. Highway 26 to the Wyoming-Idaho Highway 87, thence along U.S. Highway Arizona Highway 63, to junction U.S. State line; to points in that part of Utah 87 to junction U.S. Highway 191, thence Highway 66, thence along U.S. Highway on and west of the line beginning at the along U.S. Highway 191 to junction 66, to junction U.S. Highway 180, thence Idaho-Utah State line extending, along Fergus County Highway 236, along U.S. Highway 180 to junction U.S. U.S. Highway 89 to junction U.S. High­ Thence along Fergus County Highway Highway 60, thence along U.S. Highway way 6, thence along U.S. Highway 6 to 236 to junction U.S. Highway 87, thence 60, to junction U.S. Highway 70, thence Nevada-Utah State line, to points in along U.S. Highway 87 to junction Hill along U.S. Highway 666, thence along Nevada north of U.S. Highway 6; and County Highway 432, thence along Hill U.S. Highway 666 to the U.S.-Mexico to points in that part of California on County Highway 432 to junction UJ5. Boundary line, and to points in that and west of a line beginning at the Highway 2, thence along U.S. Highway part of Wyoming on and north and west Nevada-Califomia State line extending 2 to junction U.S. Highway 91, thence of a line beginning at the Wyoming- along U.S. Highway 395 to San Diego, along U.S. Highway 91 to the United South Dakota State line extending along California with no transportation for compensation on return except as other­ States-Canada Boundary line, and to U.S. Highway 16 to junction Wyoming points in that part of Minnesota on and Highway 450, thence along Wyoming 450 wise authorized restricted to the trans­ south of a line beginning at the North to junction Wyoming Highway 59, thence portation of shipments originating at the above-named origins. The purpose of Dakota-Minnesota State line extending along Wyoming Highway 59, to junction along U.S. Highway 10 to junction Wyoming Highway 387, thence along this filing is to eliminate the gateway of Minneapolis, Minnesota. Minnesota, Highway 87, thence along Wyoming Highway 387 to junction U.S. Minnesota Highway 87, thenoe along Highway 87, thence along U.S. Highway No. MC 114211 (Sub-No. E6111, filed nesota Highway 64, thence along Min­ 87, to junction Wyoming Highway 220, June 4, 1974. Applicant: WARREN nesota Highway 64 to junction Minneso­ thence along Wyoming Highway 220, to TRANSPORT, INC., P.O. Box 420, ta Highway 210, thence along Minnesota junction U.S. Highway 287, thence along Waterloo, Iowa 50704. Applicant’s rep­ Highway 210 to the Minnesota-Wiscon- 287, to junction Interstate Highway 80, resentative: Kenneth R. Nelson (same as sin State line, and to points in that part thence along Interstate Highway 80, to above). Authority sought to operate as of North Dakota on and south of a line junction Wyoming Highway 430, thence a common carrier, by motor vehicle, beginning at the Minnesota-North Da­ along Wyoming Highway 430 to the over irregular routes, transporting: kota State line extending along Inter­ Wyoming-Colorado State line, with no Farm machinery, between points in that state Highway 94 to junction North transportation for compensation on re­ part qf Iowa on and east of a line begin­ Dakota Highway 31, thence along North turn except as otherwise authorized. The ning at the Missouri-Iowa State line ex­ Dakota Highway 31, to junction North purpose of this filing is to eliminate the tending along U.S. Highway 63 to junc­ Dakota Highway 200, thence along U.S. gateway of Minneapolis, Minnesota. tion Iowa Highway 92, thence along Iowa Highway 200 to junction U.S. Highway No. MC 114211 (Sub-No. E609), filed Highway 92 to junction Interstate High­ 85, to junction Interstate Highway 94, June 4, 1974. Applicant:. WARREN way 35, thence along Interstate Highway thence along Interstate Highway 94 to TRANSPORT, INC., P.O. Box 420, 35 to junction Iowa Highway 141, thence the North Dakota-Montana State line, Waterloo, Iowa 50704. Applicant’s repre­ along Iowa Highway 141 to junction U.S. with no transportation' for compensa­ sentative: Kenneth R. Nelson (same as Highway 71, thence along U.S. Highway tion on return except as otherwise au­ above). Authority sought to operate as a 71 to the Iowa-Minnesota State line, on thorized. The purpose of this filing is to common carrier, by motor vehicle, over the one hand, and, on the other, points in eliminate the gateway of that part of the irregular routes, transporting: Farm Oklahoma. The purpose of this filing is Fargo, North Dakota, commercial zone machinery and parts thereof, between to eliminate the gateways of Des Moines, located in Moorhead, Minnesota. points in that part of Minnesota on, Iowa, and Beatrice, Nebr. No. MC 114211 (Sub-No. E614), filed west, and north of a line beginning at No. MC 114211 (Sub-No. E613), filed the Iowa-Minnesota State line extend­ June 4, 1974. Applicant: WARREN June 4, 1974. Applicant: WARREN TRANSPORT, INC., P.O. Box 420, ing along Minnesota Highway 15 to TRANSPORT, INC., P.O. Box 420, junction Minnesota Highway 23, thence Waterloo, Iowa 50704. Applicant’s rep­ Waterloo, Iowa 50704. Applicant’s rep­ resentative: Kenneth R. Nelson (same along Minnesota Highway 23 to junc­ resentative: Kenneth R. Nelsdn (same as tion Interstate Highway 3.5, thence along above). Authority sought to operate as as above). Authority sought to operate Interstate Highway 35 to Duluth, Minn., a common carrier, by motor vehicle, as a common carrier, by motor vehicle, on the one hand, and, on the other, over irregular routes, transporting: over irregular routes, transporting: Cast points in Oklahoma. The purpose of this Tractors (except those with vehicle beds, iron pressure pipe (except pipe used in filing is to eliminate the gateways of bed frames, and fifth wheels), equip­ or in connection with the discovery, de­ Council Bluffs, Iowa, Beatrice, Nebr., ment designed for use in conjunction velopment, production, refining, manu­ and Nebraska City, Nebr. facture, processing, storage, transmis­ with tractors,, attachments for the above- sion and distribution of natural gas and No. MC 114211 (Sub-No. E610) , filed descfibed commodities, and parts, from petroleum and their products) and fit­ June 4, 1974. Applicant: WARREN Noyes, Minnesota, to points in Washing­ tings and accessories therefor when mov­ TRANSPORT, INC., P.O. Box 420, ton, Oregon, California, Nevada, Idaho, ing with such pipe, from points in that Waterloo, Iowa 50704. Applicant’s repre­ Utah, New Mexico, Texas, Oklahoma, part of Texas on and west of a line

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 NOTICES 6259 beginning at the Oklahoma-Texas State terlo, Iowa ©0704. Applicant’s represent­ Highway 101, thence along U.S. Highway line extending along UB. Highway 75 ative: Kenneth R. Nelson (same as 101 to Eureka, California, and to points to Junction Interstate Highway 35E, above). Authority sought to operate as a in that part of Nevada on and north of thence along Interstate Highway 35E, common carrier, by motor vehicle, over a line beginning at the Nevada-Idaho to junction U.S. Highway 183, thence irregular routes, transporting: Grading, State line extending along UB. Highway along U.S. Highway 183, to junction U.S. paving and finishing machinery, -equip­ 93 to junction U.S. Highway 40, thence Highway 90, thence along U.S. Highway ment, parts, accessories, and attach­ along UB. Highway 40 to the Nevada- 90, to junction Texas Highway 123, ments, from points in Maine, New Hamp­ Califomia State line, with no transpor­ thence along Texas Highway 123, to shire, Vermont, Massachusetts, Rhode tation for compensation on return ex­ junction U.S. Highway 181, thence along Island, Connecticut, New Jersey, and cept as otherwise authorized. The pur­ U.S. Highway 181, to junction Texas from points in that part of New York pose of this filing is to eliminate the Highway 72, thence along Texas High­ on and east of a line beginning at the gateway of Canton, South Dakota, and way 72, to junction U.S. Highway 281, U.S„ Canada, Boundaries line extending Minneapolis, Minnesota. thence along U.S. Highway 281 to the along New York Highway 16 to junction No. MC 114211 (Sub-No. E617), filed Mexico-Texas State line, and from points New York Highway 17, thence along New June 4, 1974. Applicant: WARREN in that part of Oklahoma on and west York Highway 17, to junction U.S. High­ TRANSPORT, INC., P.O. Box 420, of a line extending along U.S. Highway way 219, thence along UB. Highway 219 Waterloo, Iowa 50704. Applicant’s rep­ 75 to junction Indian Nation Turnpike, to the New York-Pennsylvania State line, resentative: Kenneth R. Nelson (same thence along Indian Nation Turnpike, and from points in that part of Penn­ as above). Authority sought to operate to junction U.S. Highway 69, Oklahoma- sylvania on and east of a line beginning as a common carrier, by motor vehicle, Texas State line, to points in New York, at the Pennsylvania-New York State line over irregular routes, transporting: Self- Vermont, New Hampshire, Maine, Mas­ extending along UB. Highway 219 to propelled farm machinery and parts sachusetts, Rhode Island, Connecticut, junction Pennsylvania Highway 879, thereof, from points in that part of Illi­ and to points in that part of New Jersey thence along Pennsylvania Highway nois on and north of a line beginning at on and north of a line beginning at the 879 to junction Pennsylvania Highway the Ulinois-Iowa State line extending Pennsylvania-New Jersey State line ex­ 453, thence along Pennsylvania 453, to along UB. Highway 30 to junction Illi­ tending along Interstate Highway 80 to junction Pennsylvania Highway 350, to nois Highway 56, thence along Illinois junction Interstate Highway 280, to the junction UB. Highway 522, thence along Highway 56, to junction Illinois Highway New Jersey-New York State Hne, and to U.S. Highway 522 to junction Pennsyl­ 5, thence along Illinois Highway 5, to points in that part of Pennsylvania on vania Highway 641, thence along Penn­ junction Interstate Highway 90, thence and north of a line beginning at Erie, sylvania Highway 641, to junction Penn­ along Interstate Highway 90 to the 1111- Pennsylvania extending along U.S. High­ sylvania Highway 997, thence along nois-Indiana State line, to points in way 19 to junction U S. Highway 6, Pennsylvania Highway 977 to junction Utah, California, and Nevada and to thence along U.S. Highway 6 to junction U.S. Highway 11, thence along U.S. High­ points in that part of Wyoming on north U.S. Highway 11, thence along U.S. way 11 to junction U.S. Highway 11, & west of a line beginning at the Wyo­ Highway 11, to junction Interstate High­ thence along Highway 11 south to the ming-South Dakota State line extending way 380, thence along Interstate High­ Pennsylvania-Maryland State line, to along U.S. Highway 18 to junction Wyo­ way 380, to junction Interstate Highway. points in Washington, Oregon, Montana, ming Highway 450, thence along Wyo­ 80, thence along Interstate Highway 80 and to points in that part of North Da­ ming Highway 450 to junction Wyoming to the Pennsylvania-New Jersey State kota on and west of a line beginning at Highway 59, thence along Wyoming line, with no transportation for compen­ the U.S.-Canada Boundary line extend­ Highway 59, to junction Wyoming High­ sation on return except as otherwise ing along UB. Highway 85. way 387, thence along Wyoming High­ authorized. The purpose of this filing Thence along UB. Highway 85 to the way 387 to junction U.S. Highway 87, is to eliminate the gateway of the plant- North Dakota-South Dakota State line, thence along UB. Highway 87 to junction site of the Griffen Pipe Company located and to points in that part of Idaho on Wyoming Highway 220, thence along at or near Council Bluffs, Iowa. and north of a line beginning at the Wyoming Highway 220 to junction Wyo­ Idaho-Wyoming State line extending ming Highway 73, thence along Wyo­ No. MC 114211 (Sub-No, E615), filed along U.S. Highway 26 to junction In­ ming Highway 73, to junction Interstate June 4, 1974. Applicant: WARREN terstate Highway 15, thence along In­ Highway 80, thence along Interstate TRANSPORT, INC., P.O. Box 420, Wa­ terstate Highway 15, to junction UB. Highway 80, to junction Wyoming High­ terloo, Iowa 50704. Applicant’s represent­ Highway 30, thence along U.S. Highway way 430, thence along Wyoming High­ ative: Kenneth R. Nelson (same as 30, to junction UB. Highway 93, thence way 430 to the Wyoming-Colorado State above). Authority sought to operate as a along UB. Highway 93 to the Idaho- line, and to points in that part of Arizona common carrier, by motor vehicle, over Nevada State line, and to points in that on and west of a line beginning at the irregular routes, transporting: Farm ma­ part of Wyoming on and north of a line Colorado-Arizona State line extending chinery and parts thereof, from points beginning at the Wyoming-Montana along UB. Highway 160 to junction Ari­ In that part of Iowa on, south, and east State line extending along U.S. Highway zona Highway 63, thence along Arizona of a line beginning at the Iowa-Missouri 26 to junction UB. Highway 187, thence Highway 63, to junction UB. Highway State line extending along U.S. Highway along UB. Highway 187, to junction UB. 66, thence along U.S. Highway 66, to 169 to junction U.S. Highway 34, thence Highway 89, thence along UB. Highway junction U.S. Highway 180, thence along along U.S. Highway 34 to junction Inter­ 89, to junction UB. Highway 20, thence UB. Highway 180, to junction U.S. High­ state Highway 35, thence along Inter­ along UB. Highway 20, to junction U.S. way 60, thence along U.S. Highway 60, state Highway 35 to junction Interstate Highway 14, thence along U.S. Highway to junction U.S. Highway 70, thence Highway 80, thence along Interstate 14, to junction UB. Highway 87, thence along UB. Highway 70, to junction U.S. Highway 80 to junction U.S. Highway 6, along U.S. Highway 87 to the Wyoming- Highway 666, thence along UB. Highway thence along UB. Highway 6 to junction Montana State line, and to points in 666 to the United States-Mextco Bound­ Iowa Highway 149, thence along Iowa that part of California on and north of a ary line, with no transportation for com­ Highway 149 to junction Iowa Highway line beginning at the Califomia-Nevada pensation on return except as otherwise 151, thence along Iowa Highway 151 to State line extending along UB. Highway authorized. The purpose of this filing is junction Iowa Highway 64, thence along 395 to junction California Highway 70, to eliminate the gateway of Minneapolis, Iowa Highway 64 to the Iowa-Hlinois thence along California Highway 70, to Minnesota. State line, to points in South Dakota. junction California Highway 149, thence The purpose of this filing is to eliminate along California Highway 149, to junc­ No. MC 114211 (Sub-No. E618), filed the gateway of Des Moines, Iowa. June 4, 1974. Applicant: WARREN tion California Highway 99, thence along TRANSPORT, INC., P.O. Box 420, Wa­ No, MC 114211 (Sub-No. E616) , filed California Highway 99, to junction Cal­ terloo, Iowa 50704. Applicant’s repre­ June 4, 1974. Applicant: WARREN ifornia Highway 36, thence along Cal­ sentative: Kenneth R. Nelson (same as TRANSPORT, INC., P.O. Box 420, Wa- ifornia Highway 36, to junction UB. above). Authority sought to operate as

FEDERAL REGISTER, VOL. 40, NO . 28— M O NDAY, FEBRUARY 10, 1975 6260 NOTICES a common carrier, by motor vehicle, over state Highway 70 to the Missouri-Ulinois AND, INC., 3966 Pearl Rd., Cleveland, irregular routes, transporting: Self-pro­ State line. The purpose of this filing is Ohio 44109. Applicant’s representative: pelled tractors, road making machinery to eliminate the gateway of El Paso.- Paul F. Beery, 8 East Broad St., Colum­ and contractors’ equipment and supplies, Illinois. bus Ohio 43215. Authority sought to op­ from points in Illinois to points in Wash­ No. MC 119968 (Sub-No. E l), filed May erate as a common carrier, by motor ington, Oregon, Idaho, Montana, and 20, 1974. Applicant: A. J. WEIGAND, vehicle, over irregular routes, transport­ North Dakota. The purpose of this filing INC., 3966 Pearl Rd., Cleveland, Ohio ing: Such commodities as are manufac­ is to eliminate the gateway of Minne­ 44109. Applicant’s representative: Paul tured and sold by chemical manufactur­ apolis, Minn. F. Berry, 8 East Broad St., Columbus, ing plants (except petroleum products, No. MC 114211 (Sub-No. E619), filed Ohio 43215. Authority sought to operate in bulk, in tank trucks), when mov­ June 4, 1974. Applicant: WARREN as a common carrier, by motor vehicle, ing to or from warehouses or other TRANSPORT, INC., P.O. Box 420, Wa­ over irregular routes, transporting: Such facilities of chemical manufacturing terloo, Iowa 50704. Applicant’s repre­ commodities as are manufactured and plants, that are included in ma­ sentative: Kenneth R. Nelson (same as sold by chemical manufacturing plants chinery, equipment, materials, and above). Authority sought to operate as (except petroleum products, in bulk, in supplies used by chemical manuf acturing a common carrier, by motor vehicle, over tank trucks), when moving to or from plants, in bulk, between points in the irregular rbutes, transporting: Self- warehouses or other facilities of chemi­ counties of Armstrong, Beaver, Butler, propelled farm machinery and parts cals manufacturing plants, that are in­ and Lawrence Counties, Pa., on the one thereof, from points in Illinois to points cluded in machinery, equipment, mate­ hand, and, on the other, points in Illi­ in Washington, Oregon, Idaho, Mon­ rials, and supplies used by chemical man­ nois, Indiana, Kentucky, the Southern tana, and North Dakota. The purpose ufacturing plants, in bulk, between points Peninsula of Michigan, those in Ohio of this filing is to eliminate the gateway in Illinois, Indiana, the Southern Pe­ west of a line beginning at Toledo, Ohio, of Minneapolis, Minn. ninsula of Michigan, and those points in and extending south and east along Ohio that part of Kentucky on and west of Highway 2 to junction U.S. Highway 150, No. MC 115331 (Sub-No. E26), filed a line beginning at the Kentucky-Ohio thence along U.S. Highway 250 to junc­ June 3, 1974. Applicant: TRUCK State line and extending south along tion Ohio Highway 4, thence along Ohio TRANSPORT, INC., 230 Saint Clair Ave­ Interstate Highway 75 to the Kentucky- Highway 4 to junction U.S. Highway 224, nue, East St. Louis, Illinois 62201. Ap­ Tennessee State line, on the one hand, thence along U.S. Highway 224 to junc­ plicant’s representative: E. Stephen and, on the other, points in Connecticut, tion Ohio Highway 60, thence along Ohio Heisley, 666 Eleventh Street NW., Wash­ Delaware, Maryland, Massachusetts, New Highway 60 to junction Ohio Highway ington, D.C., 20001. Authority sought to Jersey, Rhode Island, and those points 39, thence along 'Ohio Highway 39 to operate as a common carrier, by motor in New York on and east of a line begin­ junction Interstate Highway 77, thence vehicle, over irregular routes, trans­ ning at the U.S.-Canada International along Interstate Highway 77 to the Ohio- porting: Chemicals, in containers, from Boundary line and extending south along West Virginia State line, those in West points in New York, to points in Iowa, Interstate Highway 81 to the New York- Virginia on and west of Interstate High­ Missouri, Minnesota, Nebraska, those Pennsylvania State line. The purpose of way 77. The purpose of this filing is to points in Illinois on and west of a line eliminate the gateway of Dover, Ohio. beginning at the Illinois -Wisconsin this filing is to eliminate the gateway of State line and extending along U.S. Dover, Ohio. No. MC 119968 (Sub-No. E6), filed Highway 51 to its junction with Illinois No. MC 119968 (Sub-No. E4), filed May May 20, 1974. Applicant: A. J. Highway 17, thence along Illinois High­ 20, 1974. Applicant: A. J. WEIGAND, WEIGAND, INC., 3966 Pearl Rd., Cleve­ way 17 to its junction with U.S. High­ INC., 3966 Pearl Rd., Cleveland, Ohio land, Ohio 44109. Applicant’s repre­ way 45, thence along U.S. Highway 45 44109. Applicant’s representative: Paul sentative: Paul F. Beery, 8 East Broad to the Illinois-Kentucky State line, and F. Berry, 8 East Broad St., Columbus, St., Columbus, Ohio 43215. Authority those points in Wisconsin on and west Ohio 43215. Authority sought to operate sought to operate as a common carrier, of U.S. 51. The purpose of this filing is as a common carrier, by motor .vehicle, by motor vehicle, over irregular routes, to eliminate the gateway of El Paso, over irregular routes, transporting: Such transporting: Such commodities as are Illinois. commodities as are manufactured and manufactured and sold by chemical sold by chemical manufacturing plants manufacturing plants (except petroleum No. MC 115331 (Sub-No. E27), filed (except petroleum products, in bulk, in products, in bulk, in tank trucks), when June 3, 1974. Applicant: TRUCK tank trucks), when moving to or from moving to or from warehouses or other TRANSPORT, INC.,.. 230 Saint Clair warehouses or other facilities of chemical facilities of chemical manufacturing Avenue, East St. Louis, Illinois 62201. manufacturing plants, that are included plants, that are included in machinery, Applicant’s representative: E. Stephen in machinery, equipment, materials, and equipment, materials, and supplies used Heisley, 666 Eleventh Street NW, Wash­ supplies used by chemical manufactur­ by chemical manufacturing plants,-in ington, D.C. 20001. Authority sought to ing plants, in bulk, between the counties bulk, between the counties of Allegheny, operate as a common carrier, by motor of Green and Washington, Pa., and the Fayette, and Westmoreland, Pa., on the vehicle, over irregular routes, transport­ comities of Brook, Hancock, Marshall, one hand, and, on the other, points in ing: Chemicals, in containers, from and Ohio, W. Va., on the one hand, and, Illinois, Indiana, the Southern Peninsula points in Nevada, to points in Pennsyl­ on the other, points in Illinois, Indiana, of Michigan, those in Ohio on and west vania, West Virginia, Kentucky, Ohio, the Southern Peninsula of Michigan, of a line beginning at Sandusky, Ohio, Indiana, Michigan, Illinois, those points those in Ohio on and west of a line be­ and extending south along U.S. Highway in Wisconsin on and south of Wisconsin ginning at Sandusky, Ohio, and extend­ 250 to junction Interstate Highway 77, Highway 64, those points in Iowa on ing south along U.S. Highway 250 to thence along Interstate Highway 77 to and west of a line beginning at the Iowa- junction Ohio Highway 39, thence along junction U.S. Highway 36, thence along Missouri State line, and extending along Ohio Highway 39 to junction U.S. High­ U.S. Highway 36 to junction Ohio High­ U.S. ill8 to its junction with Iowa High­ way 62, thence along U.S. Highway 62 way 16, thence along Ohio Highway 16 way 1, thence along Iowa Highway 1 to junction U.S. Highway 36, thence to junction U.S. Highway 23, thence to its junction with U.S. 151, thence along U.S. Highway 36 to junction Inter­ along U.S. Highway 23 to the Ohio-Ken­ along U.S. 151 to the Iowa-Wisconsin state Highway 75, thence along Inter­ tucky State line; those points in Ken­ State line, those points in Missouri on state Highway 75 to the Ohio-Kentucky tucky on and west of a line beginning at and east of a line beginning at the State line, those in Kentucky on and the Ohio-Kentucky State line and ex­ Missouri-Iowa State line, and extending west of Interstate Highway 75, and those tending east along U.S. Highway 23 to along unmarked state highway to its junction Kentucky Highway 7, thence junction with U.S. 63, thence along U.S. in the counties of Clinton and Franklin, along Kentucky Highway 7 to junction Highway 63 to its junction with U.S. N.Y. U.S. Highway 119, thence along U.S. Highway 61 to its junction with Inter­ No. MC 119968 (Sub-No. E5), filed Highway 119 to the Kentucky-West state Highway 70, thence along Inter­ May 20, 1974. Applicant: A. J. WEIG­ Virginia State line. The purpose of this

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 NOTICES 6261 No. MC 119968 (Sub-No. E10), filed ning at Toledo, Ohio, and extending west filing is to eliminate the gateway of along Ohio Highway 51 to junction U.S. Dover, Ohio. May 20, 1974. Applicant: A. J. WEI­ GAND, INC., 3966 Pearl Rd., Cleveland, Highway 20, thence along U.S. Highway No. MC 119968 (Sub-No. E7), filed Ohio 44109. Applicant’s representative: 20 to junction Ohio Highway 4, thence May 20, 1974. Applicant: A. J. Paul F. Beery, 8 East Broad St., Colum­ along Ohio Highway 4 to junction U.S. WEIGAND, INC., 3966 Pearl Rd., Cleve­ bus, Ohio 43215. Authority sought to op­ Highway 224, thence along U.S. Highway land, Ohio 44108. Applicant’s repre­ erate as a common carrier, by motor ve­ 224 to junction U.S. Highway 250, thence sentative: Paul P. Beery, 8 East Broad hicle, over irregular routes, transporting: along U.S. Highway 250 to junction In­ St., Columbus, Ohio 43215. Authority Such commodities as are manufactured terstate Highway 77, thence along Inter­ sought to operate as a common carrier, and sold by chemical manufacturing state Highway 77 to junction U.S. High­ by motor vehicle, over irregular routes, plants (except petroleum products, in way 36, thence along U.S. Highway 36 transporting: Such commodities as are bulk, in tank trucks), when moving to or to junction Ohio Highway 93, thence manufactured and sold by chemical from warehouses or other facilities of along Ohio Highway 93 to junction U.S. manufacturing plants (except petroleum chemical manufacturing plants, that are Highway 35, thence along U.S. Highway products, in bulk, in tank trucks), when included in machinery, equipment, ma­ 35 to the Ohio-West Virginia State line; moving to or from warehouses or other terials, and supplies used by chemical and that part of West Virginia on and facilities of chemical manufacturing manufacturing plants, in bulk, between east of a line beginning at the Ohio- plants, that are included in machinery, those points in Pennsylvania; on and West Virginia State line and extending equipment, materials, and supplies used south of a line beginning at the Penn­ along U.S. Highway 35 to junction U.S. by chemical manufacturing plants, in sylvania-West Virginia State line and ex­ Highway 60, thence along U.S. Highway bulk, between points in the part of New tending north along U.S. Highway 119 60 to junction U.S. Highway 119, thence York, on and west of a line beginning at to junction U.S. Highway 22, thence along U.S. Highway 119 to the West Vir­ the U.S.-Canadian border and extending along U.S. Highway 22 to junction U.S. ginia-Kentucky State line. The purpose south along Interstate Highway 81 to the Highway 322, thence along U.S. Highway of this filing is to eliminate the gateway New York-Pennsylvania State line on 322 to the Pennsylvania-New Jersey of Dover, Ohio. the one hand, apd, on the other, points State line, on the one hand, and, on the By the Commission. in Illinois, Indiana on and south of U.S. other, points in Illinois, Indiana, the Highway 30, and Kentucky. The purpose southern peninsula of Michigan, those [ seal] R obert L. O sw ald, of this filing is to eliminate the gateway points in Kentucky on and west of a line Secretary. of Dover, Ohio. beginning at the Ohio-Kentucky State [FR Doc.75-3681 Filed 2-7-75;8:45 ana] No. MC 119968 (Sub-No. E8), filed linft and extending south along U.S. May 20, 1974. Applicant: A. J. WEIGAN, Highway 68 to junction Interstate High­ INC., 3966 Pearl Rd., Cleveland, Ohio way 75, thence along Interstate Highway [Notice No. 13] 44109. Applicant’s representative: Paul 75 to the Kentucky-Tennessee State MOTOR CARRIER TEMPORARY P. Beery, 8 East Broad St., Columbus, line; and those points in Ohio on and AUTHORITY APPLICATIONS Ohio 43215. Authority sought to operate west of a line beginning at Lorain, Ohio, as a common carrier, by motor vehicle, and extending south along Ohio High­ F ebruary 3,1975. over irregular routes, transporting: Such way 57 to junction Ohio Highway 18, The following are notices of filing of commodities as are manufactured and thence along Ohio Highway 18 to junc­ application, except as otherwise specif­ sold by chemical manufacturing plants tion Interstate Highway 77, thence along ically noted, each applicant states that (except petroleum products, in bulk, in Interstate Highway 77 to junction U.S. there will be no significant effect on the tank trucks), when moving to or from Highway 36, thence along U.S. Highway quality of the human environment re­ warehouses or other facilities of chemi­ 36 to junction Ohio Highway 16, thence sulting from approval of its application, cal manufacturing plants, that are in­ along Ohio Highway 16 to junction U.S. for temporary authority under section cluded in machinery, equipment, materi­ Highway 62, thence along U.S. Highway 210a(a) of the Interstate Commerce Act als, and supplies used by chemical man­ 62 to the Ohio-Kentucky State line. The provided for under the new rules of Ex ufacturing plants, in bulk, between points purpose of this filing is to eliminate the Parte No. MC 67, (49 CFR 1131) pub­ in that part of Kentucky on and east of a gateway of Dover, Ohio. lished in the F ederal R eg ister, issue of line beginning at Middlesboro, Ky.,- and No. MC 119968 (Sub-No. E ll), filed April 27, 1965, effective July 1, 1965. extending north along U.S. Highway 119 May 20, 1974. Applicant: A. J. WEI­ These rules provide that protests to the to junction U.S. Highway 421, thence GAND, INC., 3966 Pearl Rd., Cleveland, granting of an application must be filed along U.S. Highway 421 to junction Ohio 44109. Applicant’s representative: with the field officials named in the F ed­ Kentucky Highway 80, thence along Ken­ Paul F. Beery, 8 East Broad St., Colum­ eral R eg ister publication, within 15 tucky Highway 80 to junction U.S. High­ bus, Ohio 43215. Authority sought to op­ calendar days after the date of notice of way 119, thence along U.S. Highway 119 erate as a common carrier, by motor ve­ the filing of the application is published to the Kentucky-West Virginia State hicle, over irregular routes, transporting: in the F ederal R eg ister. One copy of line, on the one hand, and, on the other, Such commodities as are manufactured such protests must be served on the ap­ points in Connecticut, Massachusetts, and sold by chemical manufacturing plicant, or its authorized representative, New York, Rhode Island, that part of the plants (except petroleum products, in if any, and the protests must certify that southern peninsula of Michigan on and bulk, in tank trucks), when moving to such service has been made. The protests north of U.S. Highway 10, that part of or from warehouses or other facilities of must be specific as to the service which Pennsylvania on and north of a line be­ chemical manufacturing plants, that are such protestant can and will offer, and ginning at the Pennsylvania-West Vir­ included in machinery, equipment, must consist of a signed original and six ginia State line and extending east along materials, and supplies used by chemical (6) copies. Interstate Highway 70 to junction U.S. manufacturing plants, in bulk, between A copy of the application is on file, Highway 119, thence along U.S. Highway points in Pennsylvania on, east, and and can be examined at the Office of the 119 to junction U.S. Highway 22, thence north of a line beginning at the New Secretary, Interstate Commerce Com­ along U.S. Highway 22 to junction U.S. York-Pennsylvania State line and ex­ mission, Washington, D.C., and also in Highway 522, thence along U.S. Highway tending south.along U.S. Highway 219 to field office to which protests are to be 522 to junction U.S. Highway 11, thence junction U.S. Highway 22, thence along transmitted. along U.S. Highway 11 to junction In­ U.S. Highway 22 to junction U.S. High­ terstate Highway 80, thence along Inter­ way 322, thence along U.S. Highway 322 M otor C arriers o f P roperty state Highway 80 to the Pennsylvania- to the New Jersey-Pennsylvania State No. MC 17812 (Sub-No. 2TA), filed New Jersey State line; that part of West line, on the one hand, and, on the other, January 27, 1975. Applicant: M. BURNS Virginia on and north of Interstate points in Illinois, Indiana, Kentucky, the TRUCKING CO., 1860 Fall River Avenue, Highway 70. The purpose of this filing is southern peninsula of Michigan, that Seekonk, Mass. 02771. Applicant’s rep­ to eliminate the gateway of Dover, Ohio. part of Ohio on and west of a line begin­ resentative: John M. Burnes or Robert

FEDERAL REGISTER, V O L 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 6262 NOTICES J. Burns (same address as applicant) . plicant’s representative: Neil A. Du- Highway 19 North, Salem, Mo. 65560. Authority sought to operate as a com­ Jardin, P.O. Box 2298, Green Bay, Wis. Applicant’s representative: William E. mon carrier, by motor vehicle, over ir­ 54306. Authority sought to operate as a Seay, 1Q4A West 4th Street, Salem, Mo. regular routes, transporting: Copying, common carrier, by motor vehicle, over 65560. Authority sought to operate as a Duplicating and Reproducing machines, irregular routes, transporting: Glass common carrier, by motor vehicle, over parts, accessories and supplies used in a containers, from Shakopee, Minn., to regular routes, transporting: Wood chips, Reproducing Systems between Reading, Peoria, 111., for 180 days. Supporting From: Ozark Oak Flooring Co., north Lexington, and Seekonk, Mass., on the shipper; Midland Glass Company, P.O, of Salem, Mo. to West Daco Company in one hand, and, on the other, points and Box 69, Shakopee, Minn. 55379 (Russell Wickliffe, Ky., over Missouri Highway places in Washington and Newport F. Barto). Send protests to: John E. 32 and Missouri Highway 72 to Missouri Counties, R.I. Applicant intends to tack Ryden, District Supervisor, Interstate Highway 21, thence on Missouri Highway the authority applied for to authority Commerce Commission, Bureau of Op­ No. 21 to U.S. Highway, then on U.S. held by its in MC 17812, for 180 days. erations, 135 West Wells Street, Room Highway 60 to Wickliffe, Ky., for 180 Supporting shipper(s) : Xerox Corpora­ 807, Milwaukee, Wis. 53203. days. Supporting shipper (s): Ozark Oak tion, 445 Hamilton Avenue, White Plains, No. MC 75651 (Sub-No. 72TA), filed Flooring Company, Highway 19 North, N.Y. 10601. Send protests to: Gerald H. January 24, 1975. Applicant: R. C. MO­ Salem, Mo. 65560. Send protests to: Dis­ Curry, District Supervisor, 187 West­ TOR LINES, INC., 1450 Wabash Ave­ trict Supervisor J. P. Werthmann, In­ minster Street, Providence, R .I 02903. nue, Terre Haute, Ind. 47808. Applicant’s terstate Commerce Commission, Room No. MC 20546 (Sub-No. 18TA), filed representative: P. M. Witham, (same ad­ 1465, 210 N. 12th Street, St. Louis, Mo. January 24,1975. Applicant: C. MALONE dress as applicant). Authority sought to 63101. TRUCKING, INC., Rear 154 Newton operate as a common carrier, by motor No. MC 100439 (Sub-No, 5TA)' Street, Waltham, Mass. 02154. Appli­ vehicle,, over irregular routes, transport­ (Amendment), filed January 6, 1975, cant’s representative: Frank J. Weiner, ing: (1) Activated Charcoal or Coke in published in the F ederal R egister issue 15 Court Square, Boston, Mass. 02108. Ocean Containers, (2) Empty Ocean of January 16, 1975, and republished as Authority sought to operate as a com­ Containers. From (1) Savannah, Ga., to amended this issue. Applicant: DAVID mon carrier, by motor vehicle, over ir­ Power Generating Plant of Gulf Power W. HASSLER, INC., R.D. #8, York, Pa. regular routes, transporting: Paperboard Co. located at or near Boykin, Fla. From 17403. Applicant’s representative: Chris­ and paperboard boxes, (A) from the (2) Power Generating Plant of Gulf tian V. Graf, 407 North Front Street, plant site facilities of Container Corpo­ Power Co. located at or near Boykin, Fla., Harrisburg, Pa. 17101. Authority sought ration of America at Medford, Mass., to to Atlanta, for 180 days. Supporting to operate as a common carrier, by motor Danielson, Dayville, and North Gros- shipper (s): Frederick Richards of Ga., vehicle, over irregular routes, transport­ venordale, Conn, and Portsmouth, N.H.; Inc., 620 Realty Building, P.O. Box 1246, ing: Petroleum and petroleum products and (B) from the plant site facilities of Savannah, Ga. 31402. Send protests to: (except petro-chemicals, asphalt and as­ Container Corporation of America at District Supervisor, James W. Haber- phaltic products), in bulk, from Balti­ Wakefield, Mass., to Putnam and Waure- mehl, Interstate Commerce Commission, more, Md.,. to points in Adams, Berks, gan, Conn.; and Somersworth, N.H., for Bureau of Operations, 802 Century Bldg., Centre, Clinton, Cumberland, Dauphin, 180 days. Supporting shipper: Container 36 S. Penn St.,. Indianapolis, Ind. 46204. Franklin, Huntingdon, Juniata, Lan­ Corporation of America, 500 Flat Rock No. MC 79065 (Sub-No. 2TA), filed caster, Lebanon, Lycoming, Mifflin, Road, Philadelphia, Pa. Send protests Northumberland, Perry, Snyder,. Union to : Darrell W. Hammons, District Super­ January 28, 1975. Applicant: R. PAUL McKEEN, R.D. No. 4, Wheeling, W. Va. and York (except York and Red Lion) visor, Interstate Commerce Commission, Counties, Pa., for 180 days. Bureau of Operations, 150 Causeway 26003. Applicant’s representative: D. L. Street, Room 501, Boston, Mass. 02114; Bennett, 120 Edgington Lane, Wheeling, N o t e .—The purpose of this republication W. Va. 26003. Authority sought to oper­ is'to add more to the commodity description. No. MC 29910 (Sub-No. 155TA), filed ate as a common carrier, by motor ve­ The rest of the application will remain the January 24, 1975. Applicant: AR- hicle, over irregular routes, transporting: same. KANSAS-BEST FREIGHT SYSTEM, Coal, from Moundsville and/or Triadel- No. MC 102817 (Sub-No. 23TA), filed INC., 301 South 11th Street, Fort Smith, phia, W. Va. To: Sciota Village, Dela­ January 22, 1975. Applicant: PERKINS Ark. 72901. Applicant’s representative: ware County, Ohio, for 180 days. Sup­ FURNITURE TRANSPORT, INC., P.O. Gary D. Bronson (same address as ap­ porting shipper (s): The Valley Camp Box 24335, 5034 Lafayette Rd., Indian­ plicant) . Authority sought to operate as Coal Co., 700 Westgate Tower, Cleveland, apolis, Ind. Applicant’s representative: a common carrier, by motor vehicle, over Ohio 44116. Send protests to: Joseph A. regular routes, transporting: General Robert W. Loser, 1009 Chamber of Com­ Niggemyer, District Supervisor, Bureau merce Bldg., Indianapolis, Ind. 46204. commodities (except household goods as of Operations, Interstate Commerce defined by the Commission, and com­ Authority sought to operate as a common Commission, 416 Old Post Office Bldg., carrier, by motor vehicle, over irregular modities requiring special equipment) , Wheeling, W. Va. 26003. serving the plantsite of Great Lakes routes, transporting: Pianos, organs & Chemical Corporation located in Union No. MC 82063 (Sub-No. 55TA), filed benches moving therewith, from Jasper & County, Ark., approximately 15 miles January 23, 1975. Applicant: KLIPSCH French Lick, Ind., to points in Alabama, west of El Dorado, Ark., on or near U.S. HAULING CO., 119 E. Loughborough Arkansas, Connecticut, Delaware, the Highway 82, as an off-route point in con­ Ave., St. Louis, Mo. 62102. Applicant’s District of Columbia, Florida, Georgia, nection with carrier’s authorized regular representative: Ernest A. Brooks II, 1301 Illinois, Idaho, Kansas, Kentucky, Louisi­ route operation from and to El Dorado, Ambassador Bldg., St. Louis, Mo. 63101. ana, Maryland, Massachusetts, Michigan, Ark., for 180 days. Authority sought to operate as a com­ Minnesota, Mississippi, Missouri, Ne­ mon carrier, by motor vehicle, over irreg­ braska, New Jersey, New York, North N o t e .—Applicant intends to tack the au­ thority here applied for to another authority ular routes, transporting:: Spent Hydro­ Carolina, North Dakota, Ohio, Pennsyl­ held by it in Docket MC 29910 and Subs fluoric Acid, in bulk, in tank vehicles, vania, South Carolina, South Dakota, From: Gore, Okla. To: points in Louisi­ Tennessee, Virginia, West Virginia, and thereto. Supporting shipper: Great Lakes ana, Mississippi and Texas, for 180 days. Wisconsin, for 180 days. Supporting Chem ical C orporation, P.O. Box 1878, El Supporting shipper(s): Allied Chemical Dorado, Ark. 71730. Send protests to: Dis­ shipper(s):. Kimball Piano & Organ Co., Corporation, Industrial Chemical Divi­ l trict Supervisor William H. Land, Jr., Inter­ nc. , 1111 E. 15th S t, Box 460, Jasper, sion, P.O. Box 1139 R, Morristown, N.J. lnd. 47546. Send protests to: District state Commerce Commission, Bureau of Op­ 07960. Send protests to: J. P. Werth- erations, 2519 Federal Office Building, 700 mann, District Supervisor, Interstate Supervisor, James W. Habermehl, Inter­ West Capitol, Little Bock, Ark. 72201. Commerce Commission, Bureau of Op­ state Commerce Commission, Bureau of No. MC 51146 (Sub-No. 416TA) „ filed erations Room 1465, 210 N. 12th Street, Operations, 802 Century Bldg., 36 S. January 24, 1975. Applicant: SCHNEI­ St. Louis, Mo. 63101. Penn. Street, Indianapolis, Ind. 46204. DER TRANSPORT, INC., 2661 South No. 95,510 (Sub-No. 3TA), filed Jan­ No. MC 106674 (Sub-No. 153TA), filed Broadway, Green Bay, Wis. 54304. Ap­ uary 22, 1975. Applicant: D. C. COTNER, January 21, 1975. Applicant: SCHILLI

FEDERAL REGISTER, VOL, 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 NOTICES 6263

MOTOR LINES, INC., Box 123, Reming­ thority sought to operate as a common Pittsburgh, Pa. 15219. Authority sought ton, Ind. 47977. Applicant’s representa­ carrier, by motor vehicle, over irregular to operate as a common carrier, by motor tive: Jerry Johnson (same address as ap­ routes, transporting: Dry soybean meal vehicle, over irregular routes, transport­ plicant) . Authority sought to operate as and hulls, in bulk, from the plantsite of ing: Paper partitions, from the plant site a common carrier, by motor vehicle, over Krause Milling Company in Logansport, of Cleve-Pak Corporation at Eaton, Ind., irregular routes, transporting: Food­ Ind., to points in Illinois, Michigan and to Aliquippa, Allentown, Altoona, Am- stuffs, non-frozen, Restricted: Against Ohio, for 180 days. Supporting shipper: bridge, Beaver Falls, Berwick, Bethle­ commodities in bulk, Prom the plantsite Krause Milling Company, P.O. Box 1156, hem, Bradford, Brockway, Brownsville, at Austin, Ind., to points in Oklahoma Milwaukee, Wis. 53201, (Albert J. Carr). Butler, Canonsburg, Carlisle, Chambers- and Texas, for 180 days. Supporting Send protests to: John E. Ryden, District burg, Clarion, Clearfield, Connellsville, shipper (s): Morgan Packing Co., Austin, Supervisor, Interstate Commerce Com­ DuBois, Erie, Franklin, Gettysburg, Ind. 47102. Send protests to: J. H. Gray, mission, Bureau of Operations, 135 West Greensburg, Harrisburg, Hazelton, Indi­ District Supervisor, Bureau of Opera­ Wells Street—Room 807, Milwaukee, ana, Jeannette, Kecksburg, Knox, Lan­ tions, Interstate Commerce Commission, Wis. 53203. caster, Latrobe, Lewistown, Marienville, 345 W. Wayne St., Rm. 204, Ft. Wayne, No. MC 110420 (Sub-No. 732TA), filed Meadville, New Castle, Oil City, Parker, Ind. 46802. January 23, 1975. Applicant: QUAL­ Philadelphia, Pittsburgh, Port Allegany, ITY CARRIERS, INC.,- P.O. Box 186, Uniontown, Washington, Youngwood, No. MC 107882 (Sub-No. 37TA), filed and York, Pa.; Akron, Alliance, Aurora, January 21,1975. Applicant: ARMORED Pleasant Prairie, Wis. 53158. Applicant’s representatives: David A. Petersen (same Bedford, Berea, Bucyrus, Canton, Cin­ MOTOR SERVICE CORPORATION, 160 cinnati, Cleveland, Columbus, Findlay, Ewingville Road, Trenton, N.J. 08638. address as applicant) and John R. Sims, Jr., 915 Pennsylvania Bldg., 425 13th Lancaster, Plain City, Toledo, and Zanes­ Applicant’s representative: Herbert A. ville, Ohio; Annapolis, Baltimore, Be- Dubin, Federal Bar Building, 1819 H Street NW., Washington, D.C. 20004. Au­ thority sought to operate as a common thesda, Cambridge, College Park, Cum­ Street NW., Washington, D.C. 20006. Au­ berland, Easton, Frederick, Hagerstown, thority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Crude Soybean Oil, Hancock and Ocean City, Md.; Albany, carrier, by motor vehicle, over irregular Binghamton, Buffalo, Coming, Elmira, routes, transporting: Bullion, From San in bulk, in tank vehicles, from the plant- site of Krause Milling Company at Oswego, Rochester and Syracuse, N.Y.; Francisco, Calif., to New York, N.Y., for and Bluefield, Charleston, Clarksburg, 180 days. Supporting Shipper (s): Gen­ Logansport, Ind., to Bradley, Cham­ paign, Chicago, Decatur, Jacksonville, Fairmont, Huntington, Keyser, Morgan­ eral Services Administration, Crystal town, Parkersburg, Philippi and Wheel­ Mall, Building No. 4, Arlington, Va. Send Joliet and Kankakee, HI.; Louisville, Ky.; Bellevue, Cincinnati, Cleveland and Co­ ing, W. Va., for 180 days. Supporting protests to: Richard M. Regan, District shipper: Clevepark Corporation, 1640 Supervisor, Interstate Commerce Com­ lumbus, Ohio, for 180 days. Supporting shipper: Krause Milling Company, P.O. West Silver Spring Drive, Milwaukee, mission, 428 East State Street, Room 204, Wis. 53209. Send protests to: James C. Trenton, N.J. 08608. Box 1156, Milwaukee, Wis. 53201 (Albert J. Carr). Send protests to: John R. Ry­ Donaldson, District Supervisor, Inter­ No. MC 109397 (Sub-No. 310TA), filed den, District Supervisor, Interstate Com­ state Commerce Commission, Bureau of January 21, 1975. Applicant: TRI­ merce Commission, 135 West Wells Operations, 2111 Federal Building, 1000 STATE MOTOR TRANSIT CO., P.O. Box Street—Room 807, Milwaukee, Wis. Liberty Avenue, Pittsburgh, Pa. 15222. 113 (Business-44), Joplin, Mo. 64801. Ap­ 53203. No. MC 112520 (Sub-No. 296TA), filed plicant’s representative: Max G. Mor­ No. MC 111729 (Sub-No. 506TA), filed - January 24, 1975. Applicant: McKEN- gan, Suite 223 Ciudad, Oklahoma City, January 22, 1975. Applicant: PURO- ZIE TANK LINES, INC., P.O. Box 1200, Okla. 73112. Authority sought to operate LATOR COURIER CORP., 2 Nevada Tallahassee, Fla. 32302. Applicant’s rep­ as a common carrier, by motor vehicle,; Drive, Lake Success, N.Y. 11040. Appli­ resentative: Sol H. Proctor, 1107 Black- over irregular routes, transporting: (1) cant’s representative: John M. Delany stone Building, Jacksonville, Fla. 32202. Radio active and “Sensitive” non-radio- (same address as applicant). Authority Authority sought to operate as a common active Waste Materials Requiring Special sought to operate as a common carrier, carrier, by motor vehicle, over irregular Disposition; over irregular routes, From by motor vehicle, over irregular routes, routes, transporting: Tall oil fatty acids, the City of San Francisco and the Coun­ transporting: Business machine parts, in bulk, in tank vehicles, from Panama ties of San Francisco, Alameda, Solano, and assemblies and supplies pertaining City, Fla., to Detroit, Mich., for 180 days. Contra Costa, Santa Clara, San Mateo, thereto, restricted against the transpor­ Supporting shipper (s): Arizona Chem­ Sacramento, San Diego, Los Angeles, and tation of packages or articles weighing ical Company, Berden Avenue, Wayne, Orange Calif.; Denver, Arapahoe, Jef­ in the aggregate more than 75 pounds N.J. 07470. Send protests to: G. H. Fauss, ferson and Weld Counties, Colo.; the from one consignor to one consignee on Jr., District Supervisor, Box 35008, 400 Cimarron Facility near Crescent, Okla., West Bay Street, Jacksonville, Fla. 32202. and Albuquerque, N. Mex., to the burial any one day, between Manchester, N.H., site of Nuclear Engineering near Beatty, on the one hand, and, on the other, No. MC 112963 (Sub-No. 58TA), filed Nev., (2) Containers used in the trans­ points in Maine; between Boston and January 24, 1975. Applicant: ROY portation of the above materials; over Lexington, Mass., on the one hand, and, BORS., INC., 764 Boston Road, Pine- irregular routes, From the burial site of on the other, points in Rhode Island; hurst, Mass. 01866. Applicant’s repre­ Nuclear Engineering near Beatty, Nev., between Buffalo and Syracuse, N.Y., on sentative: Leonard E. Murphy (same ad­ to points named above, for 180 days. Sup­ the one hand, and, on the other, points dress as applicant). Authority sought to porting shipper(s); Nuclear Engineering in Pennsylvania; between Secaucus, N.J., operate as a common carrier, by motor on the one hand, and, on the other, points vehicle, over irregular routes, transport­ Company, Inc., Box 7246, Louisville, Ky. in Connecticut, Maine, Massachusetts, 40207. Send protests to: John V. Barry, New Hampshire, New York, and Rhode ing: Commodity: Solvents, in bulk, in District Supervisor, Interstate Com­ Island, for 90 days. Supporting shipper: tank vehicles. From: Lowell, Mass. To: merce Commission—BOP, 600 Federal Southington, Conn., for 180 days. Sup­ Office Building, 911 Walnut Street, Kan­ Xerox Corporation, 455 Hamilton Ave., sas City, Mo. 64106. White Plains, N.Y. Send protests to: porting shipper: Pandel-Bradford, Inc., Anthony D. Giaimo, District Supervisor, 200 Market Street, Lowell, Mass. Send No. MC 110420 (Sub-No. 731TA), filed Interstate Commerce Commission, 26 January 23, 1975. Applicant: QUAL­ Federal Plaza, New York, N.Y. 10007. protests to: Darrell W. Hammons, Dis­ ITY CARRIERS, INC., P.O. Box 186, trict Supervisor, Interstate Commerce No. MC 111956 (Sub-No. 33 TA), filed Commission, 150 Causeway Street— Pleasant Prairie, Wis. 53158. Applicant’s January 27, 1975. Applicant: SUWAK representatives: David A. Petersen (same TRUCKING COMPANY, a corporation, Room 501, Boston, Mass. 02114. address as applicant) and John R. Sims, 1105 Fayette Street, Washington, Pa. No. MC 114533 (Sub-No. 316TA), filed Jr., 915 Pennsylvania Bldg., 425 13th 15301. Applicant’s representative: Thom­ January 23, 1975. Applicant: BANKERS Street NW., Washington, D.C. 20004. Au­ as M. Mulroy, 2310 Grant Building, DISPATCH CORPORATION, 1106 W.

FEDERAL REGISTER, V O L 40, NO. 28— M O ND AY, FEBRUARY 10, 1975 6264 NOTICES

35th Street, Chicago, HI. 60609. Appli­ No. MC 124078 (Sub-No. 632TA), filed Send protests to: John E. Ryden, Inter­ cant’s representative: Warren W. Wal­ January 21, 1975. Applicant: SCHWER- state Commerce Commission, Bureau of lin (same address as applicant) . Au­ MAN TRUCKING CO., 611 South 28 Operations, 135 West Wells Street, Room thority sought to operate as a common Street, Milwaukee, Wis. 53215. Appli­ 807, Milwaukee, Wis. 53203, carrier, by motor vehicle, over irregular cant’s representative: Richard H. Pre- No. MC 124679 (Sub-No. 63TA), filed routes, transporting: Audit media and vette (same address as applicant). Au­ January 22, 1975, Applicant: C. R. other business records, between Indian­ thority sought to operate as a common ENGLAND & SONS, INC.,. 975 West 2100 apolis, Ind., on the one hand, and, on the carrier, by motor vehicle, over irregular South, Salt Lake City, Utah 84119. Ap­ other, Louisville, Owensboro, and Hop­ routes, transporting: Mineral spirits, in plicant’s representative: Daniel E. kinsville, Ky., for 180 days. Supporting bulk, between Douglasville, Ga., on the England, 500 Kennecott Building, Salt shippers: Jacqueline L. Huber, Assistant one hand, and, on the other, points in Lake City, Utah 84133. Authority sought Manager, Anacomp, Inc., 6161 Hillside, Alabama (except Athens, Dolomite, and to operate as a common carrier, by motor Indianapolis, Ind. 46220, and Barry Prichard)', Fla., (except Jacksonville, vehicle, over irregular routes, transport­ Darlage, Executive Vice President, Com­ Largo, Orlando, Pompano Beach, and ing; Beer, from San Francisco and puter Accounting, Inc., 8004 Castleway Tampa), La., Mississippi, North Caro­ Azusa, Calif., to the warehouse of Drive, Indianapolis, Ind. 46250. Send lina and South Carolina. In compliance Yellowstone Wholesale Company near protests to: Robert G. Anderson, Dis­ with the General Policy Statement pub­ Rock Springs, Wyo„ for 180 days. Sup­ trict Supervisor, Interstate Commerce lished in. the November 28, 1973 issue of porting shipper: Yellowstone Wholesale Commission, Bureau of Operations, the F ederal R egister, effective Decem­ Company, 700 Broadway, Rock Springs, Everett McKinley Dirksen Building, 219 ber 1, 1973, requesting information con­ Wyo. 82901. Send protests to: District South Dearborn Street, Room 1086, cerning the operational feasibility of Supervisor* Lyle D. Heifer, Interstate Chicago, 111. 60604. proposals, the following information is Commerce Commission, Bureau of Op­ No. MC 115092 (Sub-No. 37TA), filed provided: Every load will have a back­ erations, 5301 Federal Building, 125 January 24, 1975. Applicant: TOMA­ haul, for 180 days. Supporting ship­ South State Street, Salt Lake City, Utah HAWK TRUCKING, INC., P.O. Box 0, per (s) : Safety-Kleen Corporation, 84138. Vernal, Utah 84078. Applicant’s repre­ Traffic Manager, 16325 West Ryerson sentative: Walter Kofoos,. 1016 Kehoe Road, New Berlin, Wis. 53151 (Peter No. MC 124796 (Sub-No. 142TA), filed Drive, St. Charles, 111. 60174. Authority Harren). Send protests to: John E. January 24, 1975. Applicant: CON­ sought to operate as a common carrier, Ryden, District Supervisor, Interstate TINENTAL CONTRACT CARRIER by motor vehicle, over irregular routes, Commerce Commission, Bureau of Oper­ CORP., 15045 E. Salt Lake Avenue, P.O. transporting: Plastic foam insulation ations, 135 West Wells Street, Room 807, Box 1257, City of Industry, Calif. 91749. Milwaukee, Wis. 53203. Applicant’s representative: Richard A. with or without backing or facing, from Peterson, 521 South 14th Street, P.O. Box Salt Lake City, Utah, to points in New No. MC 124221 (Sub-No. 50TA), filed 81849, Lincoln, Nebr. 68501. Authority Mexico, Texas, and Oklahoma, for 180 January 22, 1975. Applicant: HOWARD sought to operate as a contract carrier, days. Supporting shipper: Panel Era, BAER, P.O. Box 27 Rt. 98 W., Morton, by motor vehicle, over irregular routes, Division of Roberts Investment Co., 3447 HI. 61550. Applicant’s representative: transporting: Linerboard, from Counce, S. Main Street, Salt Lake City, Utah Robert W. Loser, 1009 Chamber of Com­ Tenn., to Harrisonburg, Va., for 180 days. 84115 (Robert H. Blanpied, General merce Bldg., Indianapolis, Ind, 46204. Supporting shipper: Packaging Corpora­ Manager). Send protests to: Lyle D. Authority sought to operate as a contract tion of America, a subsidiary of Tenneco, Heifer, District Supervisor, Interstate carrier, by motor vehicle, over irregular Inc., 1603 Orrington Avenue, Evans­ Commerce Commission, Bureau of Oper­ routes, transporting: (1) Bananas, and ton, HI. 60204. Send protests to: Walter ations, 5301 Federal Building, 125 South agricultural commodities exempt from W. Strakosch, District Supervisor, In­ State St., Salt Lake City, Utah 84138. economic regulations under Section terstate Commerce Commission, Bu­ No. MC 117574 (Sub-No. 258TA), filed 203(b) (6) of the Interstate Commerce reau of Operations, Room 7708 Federal January 22, 1975. Applicant: DAILY Act, when transported in mixed loads Bldg., 300 North Los Angeles Street, Los EXPRESS, INC., P.O. Box 39-, Carlisle, with bananas, in temperature controlled Angeles, Calif. 90012. Pa. 17013, Applicant’s representative: vehicles, From New Orleans, La.; E. S. Moore, Jr. (same address as ap­ Gulfport, Miss.; and Mobile, Ala., to No. MC 126276 (Sub-No. 1I3TA), filed plicant). Authority sought to operate Urbana, HI. (2) Bananas, From Mobile, January 22, 1975. Applicant: FAST as a common carrier, by motor vehicle, Ala., to Urbana, HI. Restriction: The op­ MOTOR SERVICE, INC,, 9*100 Plainfield over irregular routes, transporting: erations proposed in Parts (1) and Rd., Brookfield, HR 60513. Applicant’s Polyvinyl chloride, conduit and siding (2) above are to a transportation serv­ representative: Albert A. Andrin, 29 S, and attachments, fittings, and ma­ ice to be performed under a continuing LaSalle St., Chicago, HU 60603; Authority terials, used in the installation of con­ contract or contracts, with J. M. Jones, sought to operate as a contract carrier, duit and siding, between the plant, ware­ Inc., of Urbana, I1L, for 180 days. Sup­ by motor vehicle, over irregular routes, house, or storage facility of Certain- porting shipper (s): J. M. Jones, Inc, 2611 transporting: Containers and container Teed Products Corporation, Williams­ North Lincoln Avenue, Urbana, HI. Send ends, From: The plantsite of American port, Md., on the one hand, and, on the protests to: District Supervisor Richard Can Company at Detroit, -Mich. To: other, points in Alabama, Arkansas, K. Shullaw, Interstate Commerce Com­ Twinsburg, Ohio, for 180 days. Support­ Connecticut, Delaware, Florida, Georgia* mission, Everett McKinley Dirksen ing shipper(s): Mr. W. A. Frazier, Trans­ Illinois, Indiana,. Iowa, Kansas, Ken­ Building, 219 S. Dearborn Street, Room portation Coordinator, American Can tucky, Louisiana, JMaine, Maryland, 1086, Chicago, HI, 60604. Company, 915 Harger Road, Oak Brook, Massachusetts, Michigan, Minnesota, HI. 60521. Send protests to: Robert G. No. MC 124383 (Sub-No. 16TA) , filed Anderson, District Supervisor, Bureau of Mississippi, Missouri, Nebraska, New January 27,1975. Applicant: STAR LINE Hampshire, New Jersey, New York, TRUCKING CORPORATION, 18460 Operations, Interstate Commerce Com­ North Carolina, North Dakota, Ohio, West Lincoln Avenue, New Berlin, Wis. mission, Everett McKinley Dirksen Bldg., Oklahoma, Pennsylvania, Rhode Is­ 53151. Applicant’s representative: S. F. 219 S. Dearborn St., Room 1086, Chicago, land, South Carolina, South Dakota, Schreiter, 161 West Wisconsin Avenue, HI. 60604. Tennessee, Texas, Vermont, Virginia, Suite 3008, Milwaukee, Wis. 53203, Au­ No. MC 126367 (Sub-No. 11TA)*, filed West Virginia, Wisconsin, and the thority sought to operate as a common January 23, 1975. Applicant: EVER­ District of Columbia, for 180 days. Sup­ earner, by motor vehicle, over irregular GREEN TRUCKING COMPANY, Jewell porting shipper: CertainrTeed Products routes, transporting: Crushed auto Route, Box 1277, Seaside, Oreg. 97138. Corporation, P.O. Box 860, Valley Forge, bodies, from Blue Island, 111., to Milwau­ Applicant’s representative: Lawrence V. Pa. 19482. Send protests to: Robert P. Smart, Jr., 419 N. W. 23rd Avenue; Port­ Amerine, District Supervisor, Bureau of kee, Wis,, for 180 days. Supporting land, Oreg. 97210. Authority sought to Operations, Interstate Commerce Com­ Shipper(s): Blue Island Scrap Auto Re­ operate as a common carrier, by motor mission:, 278 Federal Bldg., P.O. Box 689, cycling Center, 2247 West I39th Street, vehicle, over irregular routes, transport­ Harrisburgh, Pa. 17108. Blue Island, HI., (Robert J. Federico). ing: Wood residuals, from the plant site

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 NOTICES 6265 of the Brightwood Corp. at or near ations, Everett McKinley Dirksen Bldg., From Marcus Hook, Pa., to Cheekto- Madras, Greg;, to the plantsite and facil­ 219 S. Dearborn Street, Room 1086, Chi­ waga, N.Y., for 90 days. Supporting ship- ities of the International Paper Com­ cago, HI. 60604. peris) : Allied Bitumens, Inc. and Allied pany at or near Longview, Wash., for 180 No. MC 133977 (Sub-No. 2ITA), filed Emulsions, Inc., 505 Como Park Blvd., days. Supporting Shipper: International January 23, 1975. Applicant: GENE’S, Cheektowaga, N.Y. 14227. Send protests Paper Company, P. O. Box 579, Longview, INC., 10115 Brookville Salem Road, Clay­ to: George M. Parker, District Supervi­ Wash. 98632. Send protests to: District ton, Ohio 45315. Applicant’s representa­ sor, Interstate Commerce Commission, Supervisor W. J. Huetig, Interstate Com­ tive: Paul F. Beery, 9th Floor, 8 East Bureau of Operations, 612 Federal Build­ merce Commission, Bureau of Opera­ Broad Street, Columbus, Ohio 43215. Au­ ing, 111 West Huron Street, Buffalo, N.Y. tions, "114 Pioneer Courthouse, Portland, thority sought to operate as a common 14202. Qreg. 97204. carrier, by motor vehicle, over irregular No. MC 135437 (Sub-No. 2TA), filed No. MC 128007 (Sub-No. 73TA), flljd routes, transporting: Commodities dealt January 22, 1975. Applicant: TRI- January 24, 1975. Applicant: HOFËR, in by a retail distributor of pizza ingredi­ NORTHEASTERN TRANSPORT, INC., INC., P.O. Box 583, Pittsburg, Kans. ents, fish, potatoes, and fish and potato South Main Street, Lyndonville, N.Y. 66762. Applicant's representative: Clyde ingredients and equipment, materials 14098. Applicant’s representative: S. Mi­ N. Christey, 641 Harrison Street, Topeka, and supplies used in the manufacture of chael Richards, 44 North Avenue, Web­ Kans. 66603. Authority sought to operate pizza ingredients, fish, potatoes, and fish ster, N.Y. 14580. Authority sought to- op­ as a common carrier, by motor vehicle, and potato ingredients, (I) Prom Ket­ erate as a common carrier, by motor ve­ over irregular routes, transporting: Feed tering, Ohio to the Cassano Pizza King hicle, over irregular routes, transporting: and fertilizer ingredients, From Ports­ and London Bobby Stores at Quincy, HI.: Unfrozen foodstuffs (except in bulk), and mouth, Va», to Kansas, Oklahoma, Ne­ Hannibal, Mo.; Madison and Keokuk, materials, supplies and equipment, used braska, Illinois, Minnesota, Iowa and Idaho; Lexington, Louisville and Mays- in the manufacture, sale or distribution Missouri. Rates will be filed on statutory ville, Ky.; Erie, Pa.; and Detroit, Mich., of unfrozen foodstuffs (except in bulk). notice if this application is granted, for and (2) From Detroit, Mich.; Chicago Between Owensboro, Ky. on the one 180 days. Supporting shipper(s) : West- and Springfield, HI.; St. Louis, Mo.; and hand, and, on the other, points in the min Corporation, P.O. Box 822, Quincy, Pittsburgh, Pa., to Kettering, Ohio. Re­ states of Ohio, Indiana, Ilinois, on and HI. 66623. Send protests to: M. E. Taylor, stricted to service in dual refrigerated south of Interstate 70, on and west of District Supervisor,. Interstate Commerce eompartmented trailers, for 180 days. Interstate 77 and on and east of Inter­ Commission, 501 Petroleum Building, Supporting shipper (s): Cassano Enter­ state 55 and points in the states of Ten­ Wichita, Kans. 67202. prises, Inc., 1700 East Stroop Road, Day- nessee and Kentucky. All restricted to No. MC 128273 (Sub-No. 169TA), filed ton, Ohio 45429. Send protests to: Paul J. trafile originating at or destined to the January 20,1975. Applicant: MIDWEST­ Lowry, District Supervisor, Bureau of plantsite of Ragù Foods, Inc., for 180 ERN DISTRIBUTION, INC., P.O. Box Operations, Interstate Commerce Com­ days. Supporting shipper (s) : Ragù 189, Fort Scott, Kans. 66701. Applicant’s mission, 5514-B FOB, 550 Main Street, Foods, Inc., 1680 Lyell Avenue, Rochester, representative: Harry Ross (same ad­ Cincinnati, Ohio 45202. N.Y. 14606. Send protests to: George M. dress as applicant). Authority sought to No. MC 134145 CSub-No. 54TA), filed Paker, District Supervisor, Interstate operate as a common carrier, by motor January 21, 1975. Applicant: NORTH Commerce Commission, Bureau of Oper­ vehicle, over irregular routes, transport­ STAR TRANSPORT, INC., Route I, ations, 612 Federal Building, 111 West ing: Home laundry washers and dryers, Highway, Thief River Falls, Minn. 56701. Huron Street, Buffalo, N.Y. 14202. refrigerators, freezers, ranges, ovens, Applicant’s representative: Robert P. No. MC 136008 (Sub-No. 48TA), filed range hoods, dish washers, garbage dis­ Sack, P.O. Box 6010, West St. Paul, Minn. January 27, 1975. Applicant: JOE posers, waste compactors, room air con­ 55118. Authority sought to operate as a BROWN COMPANY, INC., 20 Third ditioners, cooking surface units and other contract carrier, by motor vehicle, over Street NE., P.O. Box 1669, Ardmore* household appliances and parts and ac­ irregular routes, transporting: Parts, Okla. 73107. Applicant’s representative: cessories for household appliances, from computing machine, (except commodities Rufs H. Lawson, 106 Bixier Building, Appliance Park and Louisville, Ky., to in bulk), from Owatonna, Minn., to 2400 NW 23d St., Oklahoma City, Okla. points in Minnesota, North Dakota, Campton, Ky., Mount Clemens and 73107. Authority sought to operate as a South Dakota, Iowa, Nebraska and Rochester* Mich., for 180 days. Support­ common carrier, by motor vehicle, over Kansas, for 180 days. Supporting ship­ ing shipper (s): Computer Peripherals, irregular routes, transporting: Coal, in per: General Electric Company, Bldg. 10, Inc., 8100 34th Avenue South, Blooming­ open top dump trucks, (a) from Lamm Appliance Park, Louisville, Ky. 41225. ton, Minn. 55420. Send protests to : J. H. Coal Company near Thayer, Kans., ta Send protests to: M. E. Taylor, District Arabs, District Supervisor, Bureau of Op­ (1) St. Joseph Power & Light Co., St. Supervisor, Interstate Commerce Com­ erations, Interstate Commerce Commis­ Joseph, Mo. (2) Associated Electric Co­ mission, Bureau of Operations, 501 Pe­ sion, P.O. Box 2340, Fargo, N. Dak. 58102. operative at or near Thomas Hill, Mo. troleum Building, Wichita, Kans. 67202. No. MC 135072 (Sub-No. 7X, filed Jan­ (b) From plant site and facilities at or No. MC 128616 (Sub-No. 15TA), filed uary 23, 1975. Applicant: HEATER near Alluwe, Okla., to Independence, January 25, 1975. Applicant: BANKERS TRUCKING, INC.* 6887 Versailles Road, Mo., for 180 days. Supporting shipper(s) : DISPATCH CORPORATION, 1106 W. North Evans, N.Y. 14112. Applicant’s rep­ Lamb Coal Company, R. C, Lamb, Pres­ 35th Street, Chicago, 111. 60609. Appli­ resentative: William J. Hirsch, Suite ident, 5523 Grape, Houston, Tex. 77035. cant’s representative : Warren W. Wallin 1125,43T Court Street, Buffalo, N.Y. 14202. Associated Producers, Douglas Klus- (same address as applicant). Authority Authority sought to operate as a contract meyer, Secretary-Treasurer, 1700 N. sought to operate as a contract carrier, carrier, by motor vehicle, over irregular Western, Oklahoma City, Okla. Send by motor vehicle, over irregular routes,, routes, transporting: Asphalt and emul­ protests to : C. L. Phillips, District Super­ transporting: Commercial papers, docu­ sions, in bulk, and equipment utilized in visor, Interstate Commerce Commission, ments and written instruments (èxcept application and transportation of asphalt Bureau of Operations Rm. 240, Òld, P.O. currency, and negotiable securities) as or emulsions, for the accounts of Allied Bldg. 215 N.W’. Third, Oklahoma City, are used in the business of banks and Bitumens, Inc. and Allied Emulsions, Okla. 73102. banking institutions, between points in Inc., over irregular routes, from Cheek- No. MC 136285 (Sub-No. I3TA), filed. Daviess County, Ind., on the one hand,, January 27, 1975. Applicant: SOUTH­ and, on the other, Indianapolis, Ind., re­ towaga, N.Y., to points in Pennsylvania, except those in the counties of Bradford, ERN INTERMODAL LOGISTICS, INC., stricted to shipments having a prior or P.O. Box 143, Savannah, Ga. 31792. Ap­ subsequent movement by air, for ISO Cameron, Clarion, Crawford, Elk, Erie, plicant’s representative: William P. days. Supporting shipper: Joe M. Dear- Jefferson, Lycoming, McKean, Potter, Ti­ Jackson, Jr., 919 Eighteenth Street NW., min, Pres., The First National Bank of oga, Venango and Warren. Base Stock Washington, D.C. 20006. Authority Odon, 100 E. Main Street, Odon, Ind. Asphalt, in bulk, and equipment utilized sought to operate as a common carrier, 47562. Send protests to: Robert G. An­ in the transportation of base stock as­ by motor vehicle, over irregular routes, derson, District Supervisor, Interstate phalt, for the account of Allied Bitu­ transporting: Foodstuffs, and such other Commerce Commission, Bureau of Oper­ mens, Inc. and Allied Emulsions, Inc. commodities as are dealt in by wholesale

FEDERAI REGISTER, VOI. 40, NO. 28—MONDAY, FEBRUARY 10, 1975 6266-6280 NOTICES

and retail chain and grocery houses, and Note.—Applicant states it will tack and/or Office Box 2506, Las Vegas, N. Mex. 87701. in connection therewith equipment, ma­ interline w ith au th o rity held in MC 139784. Send protests to: John H. Kirkemo, Dis­ terials and supplies used in the conduct No. MC 139822 (Sub-No. 1TA), filed trict Supervisor, Interstate Commerce of such business, between the facilities January 27, 1975. Applicant: FOOD Commission, Bureau of Operations, 1106 of Savannah Foods & Industries, Inc. CARRIER, INC., P.O. Box 4131, Savan­ Federal Office Building, 517 Gold Avenue, and its subsidiary, TranSales Corpora­ SW, Albuquerque, N. Mex. 87101. tion in Chatham County, Ga., on the one nah, Ga. 31407. Applicant’s representa­ hand, and, on the other, points in Flori­ tive: William P. Jackson, Jr., 919 Eight­ No. MC 140572 TA, filed January 21, da and Alabama, for 180 days. Restric­ eenth Street NW., Washington, D.C. 1975. Applicant: R. C. MOORE, INC., tion: (15 Restricted against the trans­ 20006. Authority sought to operate as a Box 346, Waldoboro, Maine 04572. Appli­ portation of shipments in vehicles common carrier, by motor vehicle, over cant’s representative: Frederick T. Mc- equipped with mechanical refrigeration irregular routes, transporting: Food­ Gonagle, 36 Maine Street, Gorham, stuffs, and such other commodities as Maine 04038. Authority sought to oper­ and (2) Further restricted against the are dealt in by wholesale and retail chain ate as a contract carrier, by motor ve­ transportation of commodities in bulk. and grocery houses, and in connection hicle, over irregular routes, transporting: Supporting shippers: TranSales Corpo­ therewith equipment, materials, and sup­ Wood products and plastic articles, from ration, P.O. Box 9177, Savannah , Ga. plies used in the conduct of such business, Wilton, Maine, to Atlanta, Ga.; Char­ 81402 and Savannah Foods and Indus­ between the facilities of Savannah Foods lotte, N.C.; Dallas, Tex.; and Jackson­ tries, Inc., P.O. Box 339, Savannah, Ga. and Industries, Inc,, and its subsidiary ville and Miami, Fla., under contract 31402. Send protests to: G. H. Fauss, Jr., TranSales Corporation, in Chatham with Forester Mfg. Co., Inc., Wilton, District Supervisor, Interstate Commerce County, Ga., on the one hand, and, on Maine, for 180 days. Supporting shipper: Commission, Box 33008, 400 West Bay the other, points in Alabama, Florida, Forester Mfg. Co., Inc., Depot Street, Street, Jacksonville, Fla. 32202. and Tennessee, for 180 days. Restriction: Wilton, Maine 04294. Send protests to: No. MC 139495 (Sub-No. 29TA), filed Restricted against the transportation of Donald G. Weiler, District Supervisor, January 22,1975. Applicant: NATIONAL commodities in bulk, and further re­ Interstate Commerce Commission, Room CARRIERS, INC., 1501 East 8th Street, stricted against the transportation of 307, 76 Pearl Street, Portland, Maine P.O. Box 1358, Liberal, Kans. 67901. Ap­ shipments in vehicles equipped with 04112. plicant’s representative: Herbert Alan mechanical refrigeration. Supporting No. MC 140584 (Sub-No. 1TA), filed Dubin, 1819 H Street NW., Washington, shippers: TranSales Corporation, P.O. January 27, 1975. Applicant: D.M.C. D.C. 20006. Authority sought to operate Box 9177, Savannah, Ga. 31402 and Sa­ TRUCKING, INC., 7262 Walton-Nichol- as a common carrier, by motor vehicle, vannah Foods and Industries, Inc., P.O. son, Road, Independence, Ky. 41051. ovei;irregular routes, transporting: Pe­ Box 339, Savannah, Ga. 31402. Send pro­ Applicant’s representative: Timothy J. troleum products (except in bulk, in tests to: G. H. Fauss, Jr., District Super­ Brandt, Hughes, Clark %nd Ziegler, 400 tank vehicles), from the facilities of visor, Interstate Commerce Commission, Covington Trust Building, 6th & Madi­ CITGQ, located at or near Cicero, 111., Bureau of Operations, Box 35008, 400 son Avenue, Covington, Ky. 41011. Au­ and from the facilities of Southern Pe­ West Bay Street, Jacksonville, Fla. 32202. thority sought to operate as a common troleum Industry, located at or near No. MC 139945 (Sub-No. 1TA), filed carrier, by motor vehicle, over irregular West Memphis, Ark., to Liberal, Ulysses, January 2 1 ', 1975. Applicant: ARNOLD routes, transporting: Coal, in bulk, from Garden City, Hays, Sterling and Kansas M. TWEEDIE, doing business as PRO­ Perry, Breathitt and Wolfe Counties in City, Kans.; Guymon, Oklahoma City, DUCE TRANSPORT, Route 202, Greene, Kentucky, to Cincinnati, Cleves and Bartlesville and Tulsa, Okla. Pampa, Maine 04236. Applicant’s representative: Dayton, Ohio, for 180 days. Supporting Texas, and Kimball, Nebr., for 18(5 days. Peter L. Murray, 30 Exchange Street, shipper(s): R. C. Durr Company, Inc., Supporting shippers: There are approxi­ Portland, Maine 04111. Authority sought 7262 Walton-Nicholson Road, Independ­ mately 12 statements of support attached to operate as a contract carrier, by motor ence, Ky. 41051. Send protests to: R. W. to the application, which may be ex­ vehicle, over irregular routes, transport­ Schneiter, District Supervisor, Interstate amined at the Interstate Commerce ing: Bananas, from Albany, N.Y., to Commerce Commission, 222 Bakhaus Commission in Washington, D.C., or Lewiston, Maine, under contract with Building, 1500 West Main Street, Lexing­ copies thereof which may be examined Twin City Fruit & Produce, Lewiston, ton, Ky, 40505. at the field office named below. Send Maine, for 180 days. Supporting shipper: protests to: M. E. Taylor, District Super­ Twin City Fruit & Produce, 31 Oxford Application (s) op P assengers visor, Bureau of Operations, Interstate Street, Lewiston, Maine 04240. Send pro­ No. MC 140558 (Sub-No. 1TA), filed Commerce Commission, 501 Petroleum tests to: Donald G. Weiler, District January 22, 1975. Applicant: ALVIN Bldg., Wichita, Kans. 67202. Supervisor, Interstate Commerce Com­ SCOGGINS, doing business as SCOG­ No. MC 139784 (Sub-No.'4TA), filed mission, Bureau of Operations, Room GINS TAXI COMPANY, Route No. 3, Ab­ January 24, 1975. Applicant: CATTLE 307, 76 Pearl Street, Portland, Maine beville, S.C. 29620. Applicant’s represent­ AND GRAIN TRANSPORTS, INC., 310 04111. ative: Charles N. Plowden, Jr., 1340 Pick­ Court, Box 726 Professional Building, No. MC 140559 (Sub-No. 1TA), filed ens Street, Columbia, S.C. 29201. Author­ Scott City, Kans. 67871. Applicant’s rep­ January 23, 1975. Applicant: PAT ity sought to operate as a contract car­ resentative: Keen K. Brantley, 325 Main ROMERO, doing business as PAT rier, by motor vehicle, over irregular Street, Scott City, Kans. 67871. Authority ROMERO FEEDS AND SUPPLY, Route routes, transporting: Passengers and sought to operate as a common carrier, 1, Box 307 Commerce, Las Vegas, N. Mex. their baggage, in the same vehicle along by motor vehicle, over irregular routes, 87701. Applicant’s representative: Ed­ roads having access to the rails of the transporting: Iron and steel articles, in­ win E. Piper, Jr., 1115 Sandia Savings Seaboard Coastline Railroad, between cluding pipe, from Kansas City, Mo.; Building, Albuquerque, N. Mex. 87101. Monroe, N.C. and Atlanta, Ga., restricted Peoria, 111.; and Sterling, 111., to points Authority sought to operate as a contract to the transportation of train crews of in Kansas, for 180 days. Supporting ship­ carrier, by motor vehicle, over irregular the Seaboard Coastline Railroad, for 180 pers: There are approximately 21 state­ routes, transporting: Pre-cut log build­ days. Supporting shipper: Seaboard ings (complete, disassembled or in sec­ Coast Line Railroad, 87 Haynes St. N.W., ments of support attached to the applica­ Atlanta, Ga. 30313. Send protests to: tion, which may be examined here at the tions) ; pre-cut logs and log building ma­ terials; and accessories, parts, supplies District Supervisor E. E. Strotheid, In­ Interstate Commerce Commission in and other materials used in the erection, terstate Commerce Commission, Bureau Washington, D.C., or copies thereof construction or completion of such pre­ of Operations, Room 302, 1400 Building, which may be examined at the field office cut log buildings, from the plantsite and 1400 Pickens Street, Columbia, S.C. 29201. named below. Send protests to: M. E. facilities of Air-Lock Logs Co., Inc., at or Taylor, District Supervisor, Interstate near Las Vegas, N. Mex., to points in By the Commission. Commerce Commission, Bureau of Oper­ Texas, Colorado, Arizona, Utah, Nevada, [ seal] R obert L. O sw ald, ations, 501 Petroleum Building, Wichita, and California, for 180 days. Supporting Secretary. Kans. 67202. shipper(s): Air-Lock Log Co., Inc., Post [FR Doc.76-3680 Filed 2-7-75;8:45 am]

FEDERAL REGISTER, VOL. 40, 'N O . 28— M O NDAY, FEBRUARY 10, 1975 MONDAY, FEBRUARY 10, 1975

COUNCIL O N ENVIRONMENTAL QUALITY

NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 6282 RULES AND REGULATIONS

Title 40— Protection of Environment section 311(c) of Pub. L. 92-500. How­ amended, (33 U.S.C. 1251, et seq.). The CHAPTER V— COUNCIL ON ever, the Plan remains somewhat broader President delegated authority and re­ ENVIRONMENTAL QUALITY in that it covers discharges into the high sponsibility to the Council on Environ­ seas where a threat to U.S. waters, shore- mental Quality to carry out subsection PART 1510— NATIONAL OIL AND HAZ­ face, or shelf-bottom exists. Necessary (c) (2) of section 311 of the Act, pro­ ARDOUS SUBSTANCES POLLUTION response actions in such cases will be viding for the preparation, publication, CONTINGENCY PLAN carried out pursuant to other agency revision and amendment of a National Pursuant to section 311(c) (2) of Pub. L. operating authority, see § 1510.21(c)., Contingency Plan for the removal of 92-500 and section 4 of Executive Order The following Plan supersedes the oil and hazardous substances. 11735, the Council on Environmental August 13, 1973, version; and is hereby § 1510.2 Purpose of objectives. Quality on August 13,1973, invited com­ codified as indicated. Copies will be avail­ ments and suggestions regarding a re­ able shortly and may be requested from: (a) This Plan, including the Annexes, vised of the National Oil and Hazardous CXI and Special Materials Control Divi­ provides for a pattern of coordinated Substances Pollution Contingency Plan and integrated response by Departments (38 FR 21888). The Plan was made effec­ sion (WH 448), Environmental Protec­ and Agencies of the Federal Government tive as of August 13, 1973, and was cod­ tion Agency, 401 M Street, SW, Wash­ to protect the environment from the ified as Part 1510 in Chapter V of Title ington, D.C.20460. damaging effects of pollution discharges. 40 the Code of Federal Regulations. G ary L. W idman, It promotes the coordination and direc­ Comments and suggestions were re­ General Counsel. tion of Federal and State response sys­ tems and encourages the development ceived from several Federal agencies, Subpart A*—Introduction Texaco, Inc., General Electric Company, Sec. of local government and private capabili­ the Salt River Project, the Tennessee 1510.1 A uthority. ties to handle such discharges. Valley Authority, and the American Pe­ 1510.2 Purpose and objectives. (b) The objectives of this Plan are troleum Institute. These comments and 1510.3 Scope. to provide for efficient, coordinated and suggestions were considered by the Na­ 1510.4 A bbreviations. effective action to minimize damage tional Response Team (NRT) in prepar­ 1610.5 D efinitions (w ithin th e m eaning of from oil and hazardous substance dis­ ing recommended changes to the Plan, this Plan). charges, including containment, dispersal and by the Council in approving the Subpart B— Policy and Responsibility and removal. The Plan, including the NRT’s recommendations. Copies of a 1510.21 Federal policy. Annexes and regional plans, provides memorandum setting forth the reasons 1510.22 Federal responsibility. for: (1) Assignment of duties and re­ for decisions on the more important sug­ 1510.23 N on-Federal responsibility. sponsibility among Federal departments gestions will be mailed to the parties Subpart C— Planning and Response Organization and agencies in coordination with State named above. Additional copies will be 1510.31 Emergency response activities and and local agencies; (2) identification, available from the Public Information coordination. procurement, maintenance, and storage Officer, CEQ, 722 Jackson Place, NW, 1510.32 N ational response team . of equipment and supplies; (3) estab­ Washington, D.C. 20006. 1510.33 National response center. lishment or designation of a strike force Among the changes which have been 1510.34 Regional response team. to provide necessary services to carry incorporated in the Plan appearing be­ 1510.35 Regional response center. out the Plan and establishment, at major low are the following: 1510.36 On-scene coordination. ports, of trained and equipped emergency (1) Annex X has been revised and ex­ Subpart D— Operational— Response Phases task forces; (4) a system of surveillance panded to provide more precise and de­ 1510.40 Phase groupings. and reporting designed to insure the finitive information concerning sub­ 1510.41 Phase I—Discovery an d notification. earliest possible notice of discharges of stances which may be employed to re­ 1510.42 Phase n —Evaluation and initiation oil and hazardous substances to ap­ of action. propriate Federal agency; (5) establish­ move discharges. It should be noted that, 1510.43 Phase III—C ontainm ent an d coun­ pursuant to section 1(2) of Executive termeasures. ment of a national center to provide Order 11735, Annex X is the responsibil­ 1510.44 Phase IV—Cleanup, m itigation and coordination and direction for operations ity of the Administrator of the Environ­ disposal. in carrying out the Plan; (6) procedures mental Protection Agency. 1510.45 Phase V—D ocum entation an d cost and techniques to be employed in identi­ (2) The criteria for determining the recovery. fying, containing, dispersing, and re­ size classification of discharges have been 1510.46 Special considerations. moving oil and hazardous substances; revised. It is clearly indicated that these Subpart E— Coordinating Instructions (7) a schedule, prepared in cooperation classifications are for administrative 1510.51 Delegation of authority. with the States, identifying dispersants purppses and do not imply a measure of 1510.52 Multi-regional actions. and other chemicals, if any, that may be 1510.53 G eneral p a tte rn of response actions. used in carrying out the Plan; and (8) environmental threat or damage. 1510.54 Strike force. (3) The definition of “discharge” has a system whereby the State or States L is t o f An n e x e s effected by a discharge may be reim­ been revised to include any spilling, etc. A nnex No. bursed for reasonable costs incurred in that poses a threat to the public health 1100 Distribution ______I the removal of such discharge. or welfare as defined in section 3 1 1 . In 1200 National Response Team ------I I this connection, it should be noted that, 1300 National Response Center______I I I § 1510.3 Scope. pending designation of hazardous sub­ 1400 Geographical Boundaries______IV (a) This Plan is effective for the navi­ stances pursuant to section 311(b) (2) of 1500 Communications and Reports— V 1600 Public Information __ .______VI gable waters of the United States (sec­ Pub. L. 92-500, the NRT agencies will 1700 Legal Authorities___- ____ ¿— .— V II tion 502(7) of the Act) and adjoining continue to act pursuant to other operat­ 1800 Documentation and Cost Re­ shorelines and for the contiguous zone ing authority to remove polluting sub­ covery ______V III and the high seas where a threat to the stance discharges as necessary to protect 1900 Funding ------IX United States waters, shoreface, or shelf- the public Health or welfare. In addition, 2000 D isp e rsan t S ch ed u le______X bottom exists. it should be emphasized that the addi­ 2100 Non-Federal Interests ______X I 2500 Technical Information ______XV (b) The provisions of this Plan are tion of the phrase “that poses a threat applicable to all Federal Agencies. Im­ to the public health or welfare” does not Au t h o r it y : Sec. 311(c) (2), Public Law 92— create discretion concerning any dis­ 500, 86 Stat. 865, 33 U.S.C. 1251, et seq. plementation of this Plan is compatible with and complementary to the joint charge prohibited pursuant to section Subpart A— Introduction 311(b) (4) of Pub. L. 92-500, since such U.S./Canadian Contingency Plan in­ discharges are per se harmful to the pub­ § 1510.1 Authority. cluding the annexes pertaining to the lic health or welfare. This National Oil and Hazardous Sub­ Great Lakes, Eastern and Western (4) The geographic scope of the Plan stances Pollution Contingency Plan1 has as indicated in § 1510.3(a) now conforms been developed in compliance with the 1 This Plan sup rsedes the August 1973 more closely to the scope indicated in Federal Water Pollution Control Act, as ed itio n .

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 RULES AND REGULATIONS 6283 coastal areas; International assistance (h) Public health or welfare—includes These Agencies are: AEC, DHEW, Jus­ plans and agreements, security regula­ consideration of all factors affecting the tice, OEP and State. tions, and responsibilities based upon health and welfare of man, including but (р) Remove or Removal—is the re­ Federal statutes and Executive Orders. not limited to human health, the natural moval of oil or hazardous substance from environment, fish, shellfish, wildlife, and the water and shorelines or the taking § 1510.4 Abbreviations. public and private property, shorelines of such other actions as may be neces­ (a) Department and Agency title and beaches. sary to minimize or mitigate damage to abbreviations. (i) Major Disaster—means any hur­ the public health or welfare. For pur­ AEG—Atomic Energy Commission ricane, tornado, storm, flood, high water, poses of this Plan, removed refers to CEQ—Council on Environmental Quality wind-driven water, tidal wave, earth­ Phase HI and IV response operations. Commerce—Department of Commerce quake, drought, fire, or other catastrophe Subpart B— Policy and Responsibility Corps—U.S. Army Corps of Engineers in any part of the United States which, DHEW—Department of Health, Education in the determination of the President, § 1510.21 Federal policy. and Welfare is or threatens to become of sufficient (a) The Congress has declared that it DOD—Department of Defense DOI—Department of Interior severity and magnitude to warrant disas­ is the policy of the United States that DOT—Department of Transportation ter assistance by the Federal Govern­ there should be no discharge of oil or EPA—Environmental Protection Agency ment to supplement the efforts and hazardous substance into or upon the FDAA—Federal Disaster Assistance Adminis­ available resources of States and local navigable waters of the United States, tr a tio n governments and relief organizations in adjoining shorelines, or into or upon the HUD—Department of Housing and Urban alleviating the damage, loss, hardship waters of the contiguous zone (section Development or suffering caused thereby. 311(b)(1) of the Act). Justice—Department of Justice MarAd—Maritime Administration (j) Oil—means oil of any kind or in (b) The primary thrust of this Plan is NOAA—National Oceanic and Atmospheric any form, including but not limited to, to provide a coordinated Federal response Administration petroleum, fuel oil, sludge, oil refuse and capability at the scene of an unplanned State—Department of State oil mixed with wastes other than dredged or sudden, and usually accidental, dis­ USCG—U.S. Coast Guard spoil. charge of oil or hazardous substance that USGS—U.S. Geological Survey (k) Hazardous substance—means any poses a threat to the public health or wel­ USN—U.S. Navy substance designated pursuant to sub­ fare. Initial actions taken by the Federal (b) Operational title abbreviations. section (b) (2) of section 311 of the Act. OSC, designated pursuant to § 1510.36 of (l) Size Classes of Discharges—The this Plan and the appropriate regional NBC—National Response Center NRT—National Response Team following classifications are provided for continguency plan, shall be to determine OSC—On-Scene Coordinator the guidance of the OSC and serve as in accordance with section 311(c)(1) of RRC—Regional Response Center the criteria' for actions as delineated in the Act, if the actions taken by the per­ RRT—Regional Response Team § 1510.53. They are not meant to imply son responsible for the discharge of oil or connote associated degrees of hazard or hazardous substance are proper to re­ § 1510.5 Definitions (within the mean­ to the public health or welfare, or a move the discharge. The OSC should, if ing o f this P lan ). measure of environmental damage. A dis­ practicable, insure that the person re­ (a) Act—means the Federal Water charge that poses a substantial threat to sponsible for the discharge is aware of Pollution Control Act, PL 92-500 (86 the public health or welfare, or results in his responsibility and is encouraged to Stat. 816). critical public concern shall be classed undertake necessary countermeasures. In (b) Discharge—includes but is not as a major discharge notwithstanding the event that the person responsible for limited to any spilling, leaking, pump­ the following quantitative measures. the discharge does not act promptly, does ing, pouring, emitting, emptying or (1) Minor discharge is a discharge to not take or propose to take proper and dumping. (For the purposes of this Plan, the inland waters of less than 1000 gal­ appropriate actions to remove the dis­ discharges permitted pursuant to sec­ lons of oil; or, to the coastal waters, a charged pollutants, or if the person re­ tions 301, 302, 306, 318, 402 or 404 of the discharge of less than 10,000 gallons of sponsible for the discharge is unknown, Act or section 102 of PL 92-532 are not oil. further Federal response actions shall be Included.) (2) Medium discharge is a discharge instituted as required in accordance with (c) On-Scene Coordinator (O.S.C.)— of 1,000 to 10,000 of oil to the inland wa­ this Plan. When the person responsible means the Federal official pre-designated ters, or 10,000 to 100,000 gallons of oil to for the discharge is taking proper action, by the EPA or the USCG to coordinate the coastal waters, or a discharge of a the OSC shall observe and monitor prog­ and direct Federal discharge removal hazardous substance in a harmful quan­ ress, and provide adviee, counsel, and efforts under Regional Contingency tity as defined by regulations. logistical support as may be necessary. Plans at the scene of an oil or hazardous (3) Major discharge is a discharge of (с) Removal actions taken pursuant to substance discharge. more than 10,000 gallons of oil to the in­ section 311(c) (1) of the act are limited (d) United States—means the States, land waters or more than 100,000 gallons to the navigable waters of the United the District of Columbia, the Common­ of oil to the coastal waters, or a discharge States, adjoining shorelines and the wealth of Puerto Rico, the Canal Zone, of a hazardous substance that poses a waters of the contiguous zone. Removal Guam, American Samoa, the Virgin substantial threat to the public health or actions within the Contiguous zone are Islands, and the Trust Territory of the welfare. limited and do not include those covered Pacific Islands. by the Outer Continental Shelf Lands (m) Potential discharge—is any acci­ Act. When a discharge or potential dis­ (e) Coastal waters—generally are dent or other circumstance which charge that poses a threat to the waters those U.S. waters navigable by deep draft threatens to result in the discharge of oil of the U.S. occurs outside the jurisdic­ vessels, the contiguous zone, the high or hazardous substance. A potential dis­ tion under section 311(c) of the Act, the seas and other waters subject to tidal charge shall be classified by its severity procedures of this plan apply to the influence. based on the guidelines above. extent practicable and removal action (f) Inland waters—generally are (n) Primary Agencies—are those De­ will be accomplished pursuant to other those waters upstream from coastal partments or Agencies comprising the Agency authorities. Removal actions for waters (paragraph (e) of this section). NRT and designated to have primary re­ non-vessel discharges on the outer con­ (g) Contiguous Zone—means the en­ sponsibility and resources to promote tinental shelf, shall be in accordance with tire zone established by the United States effective operation of this Plan. These the August 1971DOI/DOT Memorandum under Article 24 of the Convention on agencies are: Commerce, DOD, DOI, of Understanding. the Territorial Sea and the Contiguous DOT, and EPA. (d) In accordance with section 311 (d), Zone. This is the zone contiguous to the (o) Advisory Agencies—are those De­ whenever a marine disaster in or upon territorial sea which extends 12 miipg partments or Agencies which can make the navigable waters of the United States seaward from the baseline from which major contributions during response has created a substantial threat of pol­ the territorial sea is measured. activities for certain types of discharges. lution hazard to the public health or

FEDERAL REGISTER, VOL. 40, NO. 28— MONDAY, FEBRUARY 10, 1975 «284 RULES AND REGULATIONS welfare, because of a discharge, or an tablished by statute. Executive Order or Outer Continental Shelf Lands Act. Ad­ imminent discharge, of large quantities Presidential Directive which may bear ditionally, the Department of Interior of oil; or of a hazardous substance from on the Federal response to a pollution will provide, through its Regional Coor­ a vessel, the United States mar: (11 Co­ discharge. This Han intends to promote dinators, techincal expertise to the OSC ordinate and direct all piddle and pri­ the expeditious and harmonious dis­ ritory. vate efforts directed at the removal or charge of these responsibilities through and RRT with respect to land, fish and elimination of such threat; and (2) the recognition of authority for action wildlife, and other resouroes for which summarily remove and, if necessary, de­ by those Agencies having the most ap­ it is responsible. DOI is also responsible stroy such vessel by whatever means are propriate capability to act in each spe­ for American Samoa and the Trust Ter- available without regard to any pro­ cific situation. Responsibilities and au­ th) The Department of Justice can visions of law governing the employment thorities of these several agencies rele­ supply expert legal advice to deal with of personnel or the expenditure of ap­ vant to the control of pollution dis­ complicated judicial questions arising propriated funds. This authority has charges are detailed in Annex VII to this from discharges and Federal agency re­ been delegated to the Administrator of part. In the development of the regional sponses. EPA and the Secretary of the Depart­ plans, provision shall be made to assure (i) The Department of Transporta­ ment in which the Coast Guard is oper­ recognition of the statutory responsibil­ tion provides expertise regarding all ating, respectively, in and for the waters ities of all involved Agencies. modes of transporting oh and hazardous for which each has responsibility to fur­ (b) The Council on Environmental substances. Through the USOG, DOT nish or provide the OSC under this Han. Quality is responsible for the prepara­ supplies support and expertise in the (e) In addition to any other actions tion, publication, revision and amend­ domestic/international fields of port taken by a State or local government, ment of this National Contingency Plan. safety and security, m a rin e law enforce­ when the Administrator of EPA or the The Council will receive the advice of ment, navigation, and construction; Secretary of the Department in which the NRT on necessary changes to the manning, operation, and safety of vessels the Coast Guard is operating determines Plan and shall insure that any disagree­ and marine facilities. Additionally, the there is an imminent and substantial ments arising among members of the Coast Guard maintains continuously threat to the public health and welfare NRT are expeditiously settled. manned facilities that are capable of because of an actual or threatened dis­

FEDERAL REGISTER, V O L 40, NO. 28— M O ND AY, FEBRUARY 10, 1075 RULES AND REGULATIONS 6285 (m) All Federal agencies are responsi­ agency's failure to adequately respond ble for minimizing the occurrence of to these recommendations. discharges and for developing the capa­ (d) During pollution emergencies, bility to respond promptly in cases of NRT shall act as an emergency response discharges from facilities they operate team comprised of representatives from or supervise, and for making resources the Primary and selected Advisory Agen­ available for Federal pollution response cies to be activated in accordance with operations. section 1201.2, Annex n to this part. (n) In addition to paragraph (m) of this section, Primary Agencies are re­ § 1510.33 National Response Center. sponsible for: (a) The NRC, located at Headquar­ (1) Leading all Federal agencies in ters, USCG, is the Washington, D.C. programs to minimize the number of and headquarters site for activities relative environmental damage associated with to pollution emergencies. NRC quarters discharges from facilities they operate or are described in Annex i n to this part, supervise; and provide communications, including (2) Providing representation to the a continuously manned communication NRT and the RRT’s; center, information storage; and neces­ (3) Developing, within their operating sary personnel and facilities to promote elements, the capability for a rapid, co­ the smooth and adequate functioning ordinated response to any pollution dis­ of this activity as described in Annex HI charge; to this part. (4) Making information available to the NRT, RRT or OSC as necessary; and § 1510.34 Regional Response Team. (5) Keeping NRT and the RRT’s in­ (a) The RRT consists of regional rep­ formed, consistent with national security resentatives of the Primary and selected considerations, of changes in the avail­ Advisory Agencies, as appropriate. RRT ability of resources that would affect the shall act within its region as an emer­ operation of this Plan. gency response team performing re­ sponse functions similar to those de­ § 1510.23 Non-Federal responsibility* ' scribed for NRT. RRT will also perform (a) The States are invited to provide {KKEttS a s m IO SF.CTI05S Of T?.I3 ?(.«) review and advisory functions relative liaison to RRT’s and shall designate the to the regional plan similar to those appropriate element of the State govern­ prescribed for NRT at the National level. ment that would undertake direction of Additionally, the RRT shall determine State supervised discharge removal op­ § 1510.32 National response team. the duration and extent of the Federal erations. The designated agency shall be (a) The NRT consists of representa­ response, and when a shift of on-scene the single State governmental element tives from the Primary and Advisory coordination from the predesignated that will seek reimbursement for removal Agencies. It serves as the National body OSC to another OSC is indicated by the operation expenditures in accordance for planning and preparedness actions circumstances or progress of a pollution with section 311(c)(2)(H) of the act. prior to a pollution discharge and for co­ discharge. Details on reimbursement to States for ordination and advice during a pollu­ (b) Each Primary Agency shall des­ removal actions taken pursuant to this tion emergency. It shall be organized and ignate one member and a m inim um of Plan are contained in 33 CFR, Part 153 shall function as outlined in Annex n one alternate member to the RRT. Each and Annex IX— F u n d in g , to this part. Advisory Agency may designate a mem­ (b) Industry groups, the academic (b) The NRT shall establish and main­ ber. Agencies may also provide addi­ community, and others are encouraged tain a Committee on Revision of the tional representatives as observers to to commit resources for removal opera­ National Plan. This Committee shall pro­ meetings of the RRT. Individuals rep­ tions. Their specific commitments are vide suggested revisions to the NRT for resenting the participating agencies may outlined by the regional plans. Of par­ consideration, approval and publication vary depending on the subregional area ticular relevance is the organization of a by CEQ. The Primary Agencies shall pro­ in which the discharge occurred or re­ standby scientific response capability. vide membership on this standing com­ moval actions are underway. Details of Subpart C— Planning and Response mittee. Advisory Agencies shall partici­ such representation are specified in each Organization pate whenever revision or proposed regional contingency plan. amendments would affect those Agencies. § 1510.31 Emergency response activities (c) Each of the States lying within a and coordination. Ad hoc committees may also be estab­ region is invited to furnish liaison to the lished from time to time to consider RRT for planning and preparedness ac­ (a) For pollution emergency response various matters. Membership on these tivities. When the Team is activated for activities, Federal on-scene coordination committees shall consist of the represen­ a pollution emergency, the affected State is accomplished through the OSC. He tatives from the Primary Agencies and or States are invited to participate in reports to and receives advice from an such Advisory Agencies that may have RRT deliberations. RRT composed of appropriate repre­ direct involvement. sentatives from the Regional and District (d) The RRT shall be activated auto­ offices of the Primary and Advisory (c) Based on a continuing evaluation matically in the event of a major or po­ Agencies. of response actions, the NRT shall con­ tential major discharge. The RRT shall sider and make recommendations to ap­ be activated dining any other pollution (b) National level coordination is ac­ propriate agencies relating to training emergency by an oral request from any complished through the NRT which re­ and equipping response team personnel; Primary Agency representative to the ceives reports from and renders advice necessary research, development, dem­ Chairman of the team. Such requests to the RRT. Activities are coordinated onstration and evaluation activities to for team activation shall be confirmed through the National and various re­ improve response capabilities; and gional response centers. in writing. The time of team activation, equipment, material stockpiling and place of assembly, and means of contact _ (c) The organizational concepts of this other operational matters as the need shall be included in POLREPS submitted Plan are shown on Figure 1. arises. CEQ shall be advised of any in accordance with Annex V to this part.

FEDERAL REGISTER, V O L 40, NO. 28—MONDAY, FEBRUARY 10, 1975 6286 RULES AND REGULATIONS (e) The Chairman may require assem­ (1) The EPA shall furnish or provide

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 RULES AND REGULATIONS 6287 (b) Pollutants and contaminated ma­ lty to initiate pollution control actions owner or operator of the vessel, onshore terials that are recovered in cleanup op­ shall shift as appropriate» In the event facility or offshore facility from which erations shall be disposed of in accord­ that a polluting discharge or potential the discharge occurred. ance with procedures agreed to at the pollution emergency affects areas covered (3) If the investigation shows a minor State or local level. by two or more regional plans, the re­ discharge with improper removal action § 1510.45 Phase V—Documentation and sponse mechanism called for by both being taken, the following measures cost recovery. plans shall be activated; however, pollu­ shall be taken: tion control actions shall be fully co­ (i) An immediate effort should be (a) This includes a variety of activi­ ordinated as detailed in the regional made to prevent further discharges ties, depending on the location of and plans. from the source. circumstances surrounding a particular (b) There shall be only one On-Scene (ii) The discharger shall be advised discharge. Recovery of Federal removal Coordinator at any time during the of the proper action to be taken. costs and recovery for damage done to course of a response operation. Should a (iii) If the discharger does not follow Federal, State or local government discharge affect two or more areas, the this advice, warning of the discharger’s property is included; however, third RRT will designate the OSC, giving liability for the cost of removal, pur­ party damages are not dealt with in this prime consideration to the area vulner­ suant to section 311(f), shall be given. Plan. The collection of scientific and able to the greatest damage. NRT shall (See paragraph (a) (3) of this section) . technical information of value to the designate the OSC if members of one (iv) The OSC should notify appro­ scientific community as a basis for re­ RRT or of two adjacent RRTs, if appro­ priate State and local officials. He shall search and development activities and priate, are unable to agree on the desig­ keep the RRC advised and initiate Phase for the enhancement of understanding nation. III and IV operations as conditions of the environment may also be con­ warrant. sidered in this phase. It must be recog­ § 1510.53 General pattern of response actions. (v) Information shall be collected for nized that the collection of samples and possible recovery of removal costs when necessary data must be performed at the (a) When the predesignated Federal removal is effected in accordance with proper times during the case to fix lia­ On-Scene Coordinator receives a report section 311 (c) (1) of the Act. bility and for other purposes. of a discharge, or potential discharge, the (4) When a report of investigation § 1510.46 Special considerations. report should be evaluated. In most sit­ indicates that a medium discharge has uations, the sequence of actions shown occurred, or the potential for a medium (a) Safety of personnel. Actual or po­ below should be followed: discharge exists, the OSC shall follow tential polluting discharges that could (1) Investigate the report to determine the same general procedures as for a have an imminent and substantial effect pertinent information such as the minor discharge. Additionally, the OSC on both air and water media can pose threat posed to public health or welfare, shall make a recommendation concern­ serious hazards to personnel health and the type and quantity of material dis­ ing team activation to the Chairman of safety. The OSC should be aware of charged, and the source of the discharge. the RRT. this potential and should exercise cau­ (2) Effect notification in accordance (5) When a report indicates that a tion in allowing civilian or government with Annex V to this part and the ap­ major discharge has occurred, a poten­ personnel into the affected area without plicable regional plan. tial major pollution emergency exists, first verifying the nature of the sub­ (3) Determine, in accordance with sec­ or that a discharge or potential discharge stance discharged. Regional plans shall tion 311(c)(1) of the act, whether re­ which could arouse wide public concern identify the sources of information on moval actions are being carried out prop­ has occurred, the OSC shall follow the the hazards, precautions, and personnel erly. Removal is considered as being done same procedures as for minor and me­ protective requirements that will be ex­ properly when the following criteria are dium discharges. RRC and NRT shall, pected in carrying out response opera­ met: however, be notified immediately of the tions. The means for OSC to secure such (i) Private cleanup efforts are effective situation even if the initial report has information also shall be included. in terms of the statutory definition of re­ not been confirmed. (b) Waterfowl conservation. Oil dis­ moval, that is, they are fully sufficient to charges, particularly in estuarine and minimize or mitigate damage to the pub­ § 1510.54 Special forces. near shore areas, often cause severe lic health or welfare. Private "removal (a) The National Strike Force (NSF) stress to resident and migratory bird efforts shall be deemed “improper” to the shall be established consisting of person­ species. The DOI representatives and the extent that Federal efforts are necessary nel trained, prepared, and available to State liaison to the RRT shall arrange to prevent continued or further damage. provide necessary services to carry out for and coordinate actions of professional (ii) Private removal efforts must be in this Plan. This NSF shall be formed and voluteer groups that wish to estab­ accordance with applicable regulations around the Strike Teams established by lish bird collection, cleaning and recov­ and guidelines, and Annex X to this part the U.S. Coast Guard on the East, West, ery centers. Regional contingency plans and other provisions or restrictions of and Gulf coasts, and including the En­ shall, to the extent practicable, identify this Han. vironmental Response Team (ERT) es­ organizations or institutions that can (4) Designate the severity of the situa­ tablished by the EPA, when required. and are willing to establish and operate tion and determine the future course of The NSF shall provide assistance to the such facilities. These activities will nor­ action to be followed. OSC during Phasè in , IV, and V opera­ mally be considered Phase IV response (5) Determine whether State action to tions as the circumstances of the situa­ actions (§ 1510.44 of this subpart). effect removal is necessary. tion dictate. When possible, the NSF will Subpart E— Coordinating Instructions (b) The result of the report probably provide training to the Emergency Task can be categorized by one of five classes. Forces and participate with the Regional § 1510.51 Delegation of Authority. Appropriate action to be taken in each Response Team in Regional Contingency (a) When required, delegation of au­ specific type case is outlined below: Plan development. thority or concurrence in proposed or (1) If the investigation shows that the (1) The Strike Teams established by continuing pollution control activities initial information overstated the mag­ the U.S. Coast Guard are able to provide initially may be oral; however, written nitude or danger of the discharge and communications support, advice and as­ confirmation by the EPA representative there is no environmental pollution in­ sistance for oil and hazardous sub­ on RRT should be completed as soon as volved, it shall be considered a false stances removal. These teams include possible. alarm and the case should be closed. expertise in ship salvage, diving, and re­ § 1510.52 Multi-regional actions. (2) If the investigation shows a minor moval techniques and methodology. discharge with the discharger taking ap­ (2) The Environmental Response (a) In the event that a discharge or a propriate removal action, contact should Team established by EPA to carry out potential pollution emergency moves be established with the discharger. The the Agency's disaster and emergency re­ from the area covered by one contin­ removal action should be monitored to sponsibilities can provide the OSC and gency plan into another area, the author- insure continued proper action by the NSF with advice on the environmental

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 6288 RULES AND REGULATIONS effects of oil and hazardous substances 1102.3 Asterisks will be used to Indicate 1204.1- 3 Develop procedures to promote discharges, and removal and mitigation changes. For li^e changes, an asterisk will be the coordination of Federal, State and local of the effects of such discharges. This placed before and after each sentence governments and private agencies to respond changed in the left and right page margins. to pollution incidents; team includes expertise in biology, chem­ For paragraph changes, an asterisk will be 1204.1- 4 Consider necessary changes in istry, engineering and, when necessary, placed before and after each paragraph policy on the basis of continuing evaluation meteorology and oceanography. changed and if continued on the next page,' of regional response actions taken in com­ (3) The Emergency Task Forces estab­ an asterisk will be placed at the top of the bating discharges of oil and hazardous pol­ lished pursuant to section 311(c) (2) (C) page and the end of the paragraph. For a lu tin g substances; shall consist of trained personnel with paragraph deletion, an asterisk will be placed 1204.1- 5 Provide information to the Re­ in the left margin and the paragraph num­ search and Development Committee, on re­ adequate supplies of oil and hazardous ber or letter will be retained in the original search requirements, the need for which is pollution control equipment and mate­ sequence followed by the word “Rescinded” not known until discharges of unusual ma­ rials and detailed discharge removal in parentheses. terials or unique circumstances occur; plans for their areas of responsibility. 1102.4 If th e P lan is com pletely rew rit­ 1204.1- 6 Maintain a continuing aware­ The Emergency Task Forces shall be ten, asterisks will not be used but super­ ness of review and act upon reports by the established by the Agency responsible for cession will be indicated at the bottom of Research and Development Committee; providing the OSC not later than one th e first page. 1204.1- 7 Maintain a readiness posture to respond to a nationally significant discharges year from the effective date of this Plan. An n e x II—1200 N a t io n a l R e s p o n s e T ea m of oil or oth er hazardous substance; (4) The NSF and ERT will generally 1201 N ational Response Team. 1204.1- 3 Maintain a continuing surveil­ respond to requests for assistance from 1201.1 T he NRT consists of representa­ lance of Incoming reports from all RRT’s the OSC. Requests for the NSF may be tives from the Primary and Advisory Agen­ and activate NRT when appropriate; and made directly to the Commanding Officer cies. It serves as the National body for plan­ 1204.1- 9 Meet quarterly on the first of the appropriate Strike Team, the ning and preparedness actions prior to a Thursday of March, June, September and Coast Guard member on the RRT, the pollution discharge and for coordination and December to review pollution emergency appropriate Area Commander, USCG, or advice during a pollution discharge. response actions of the preceding period, 1201.2 M em bership on th e NRT is estab­ receive reports of the Committee on Revi­ to the Commandant, USCG, through the sion and consider amendments to the Plan. NRC. Requests for the EPA-ERT may be lished by § 1510.32(a). Each Primary and Ad­ visory Agency shall designate a member to 1204.2 W hen activated d uring a pollution made to the EPA Emergency Coordinator the team and sufficient alternates to insure discharge response, Agency representatives or the appropriate Regional Emergency representation in the event that the member shall meet at the call of the Chairman and Coordinator (REO, or the EPA repre­ is unavailable. shall: sentative on the RRT. 1204.2- 1 Monitor and evaluate reports 1202 NRT organization. generated by the OSC insuring their com­ A n n e x I —1100 D istribution 1202.1 Except for periods of activation be­ pleteness. Based on this evaluation, NRT 1101 Plan distribution. cause of a pollution incident, the represent­ may recommend courses of action in com­ bating the discharge through RRT for con­ 1101.1 T his P lan will be d istrib u ted to ative of EPA shall be the Chairman and the designated offices of Primary and Advisory representative of DOT shall be vice-chairman sideration by th e OSC. Agencies, S tate and In terstate w ater pollution of NRT. The vice-chairman shall maintain 1204.2- 2 Request other Federal, State, control agencies and such other Federal, records of the NRT áctlvities along with local government or private agencies to con­ State, local and private agencies and organi­ National and regional plans for pollution sider taking action under their existing au­ zations which are cooperating with and par­ response. When NRT is activated for a pol­ thorities to provide resources necessary for ticipating in activities in support of the Plan. lution incident, the Chairman shall be the combating a discharge or deployment of per­ 1101.2 Included in th is form al d istrib u ­ representative of EPA or DOT, depending sonnel to monitor response operations. tion are the following: upon the area in which the response is taking 1204.2- 3 Coordinate the actions of regions Department of Commerce place. or districts other than those affected by the Department of Defense pollution emergency to supply needed equip­ Department of Health, Education and 1203 NRT purpose. ment, personnel, or technical advice to the W elfare 1203.1 The NRT, w hen n o t activated for RRT and OSC. This includes requests, when Department of the Interior a pollution discharge, serves as a standing appropriate, for activating the Special Forces Department of Housing and Urban De­ committee to recommend needed policy provided by § 1510.54 of th e Plan. velopm ent changes in the response organization, to re­ 1204.2- 4 Act as the focal point for na­ Department of Justice vise this Plan as needed and to evaluate the tional public information releases and for Department of State preparedness of the Agencies and effective­ information transfer between the OSC and Department of Transportation ness of plans for coping with pollution the Washington, D.C. headquarters of the Atomic Energy Commission discharges. Agencies concerned, so as to minimize or prevent dissemination of spurious and in­ All State water pollution control agencies 1203.2 The NRT shall act as an emergency All interstate water pollution control complete information. Public information ac­ response team to be activated in the event tions are discussed in Annex VI of this part. agencies of a discharge involving oil or hazardous Other Federal, State, local and private substances which (a) exceeds the response Annex i n —1300 National Response Center agencies and organizations, as appro­ capability of the region in which it occurs; 1301 National Response C enter location. priate. (b) transects regional boundaries; (c) in­ 1101A Formal distribution of the Plan volves significant numbers of persons or na­ 1301.1 T he N ational Response C enter and amendments will be made by the En­ tionally significant amounts of property; or (NRC) for control of pollution by oil and vironmental Protection Agency. (d) when requested by any Primary Agency hazardous substances is established at the 1102 Amendment, distribution and format. representative. Each representative, or an ap­ Headquarters, United States Coast Guard, propriate alternate, shall be notified immedi­ W ashington, D.C. 1102.1 A m endm ents to th e P lan an d a n ­ ately by telephone of activation of NRT. nexes will be made by sequentiaUy numbered 1302 NRC purpose. changes. Numbered changes will be effected 1204 Responsibilities and functions. by means of a transmittal sheet which 1302.1 The purpose of th e NRC is to pro­ 1204.1 P lanning and preparedness respon­ vide physical facilities for coordination and identifies the Plan, the change number and sibilities of th e NRT are to : date, the page numbers affected by the control of a pollution emergency should na­ change and any other Instructions deemed 1204.1- 1 Maintain a continuing review oftional level Involvement be required. necessary for purposes of clarity or to make regional pollution emergency response opera­ special emphasis or explanation of the tions and equipment readiness to Insure ade­ 1303 Responsibility for NRC. change. There will be attached to the trans­ quacy of regional and national planning, and 1303.1 The C om m andant, U.S. Coast mittal sheet the revised or added pages with coordination for combating discharges of oil Guard, shall provide the necessary commu­ the change number and current date on each and hazardous substances. RRT shall recom­ nications and plotting facilities and equip­ page at the upper right hand corner. mend revision of the National Contingency ment. These will include: 1102.2 W here a change can be effected Plan to CEQ on the basis of observations of 1303.1- 1 A continuously manned commu­ merely by pen and ink, the transmittal sheet response operations; nication center for receiving reports of dis­ may be used to accomplish the change with­ 1204.1- 2 Review the functioning of thecharges; RRT’s to insure that regional plans devel­ 1303.1- 2 Telephone branch lines; out submission of revised pages. The use of oped are fully coordinated among involved 1303.1- 3 Teletypewriter circuits; pen and ink changes is limited to those cases agencies, i t shall serve as a body to w hich th e 1303.1- 4 The latest updated charts of the where existing matter is being deleted or is RRT’s may refer for settlement of matters Department of Commerce, Interim: and De­ of minor extent. which they cannot resolve; fense for the UJ3. waters, the Continental

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 RULES AND REGULATIONS 6289

Shelf and the ocean areas adjacent to U.S. 1403 D epartm ent of Commerce—m ap. 1404.3 U S . Naval D istricts. territorial waters; 1404 Department of Defense—maps. 1404.4 U.S. Air Force Beserve Begions. 1303.1- 5 Technical library on oil and 1404.1 U.S. Army Corps of Engineers. 1405 U.S. D epartm ent of th e In terior. hazardous substances pollution; and, 1405.1 Field Com m ittee Begions. 1303.1- 6 Plotting and display provisions 1404.2 U.S. Army Continental Army Com­ 1405.2 U.S. Geological Survey—Area and to visually depict the geographic position, m ands. D istrict Offices—m ap. movement and extent of the pollutant. 1303.3 Primary Agencies shall furnish competent technical personnel to man the NBC as requested, furnish appropriate tech­ nical manuals and materials, and such addi­ tional administrative support as required to operate the NBC effectively and efficiently. 1304 Communications services available. 1304.1 Telephone (voice) services avail­ able Include: 1304.1- 1 Commercial telephone available 24 hours per day, toll free (800) 424-8802; 1304.1- 2 AUTOVON (Automated Voice Network) —General purpose switched voice network of Defense Communications Sys­ tems, which serves Continental U.S., Alaska, Europe, Pacific and Panama; 1304.1- 3 Washington Tactical Switch­ board—Pentagon terminal of the tactical telephone system, operated by USAF; 1304.1- 4 FTS-GSA operated government administrative telephone system; and, 1304.1- 5 SABTEL—Search and Bescue Command Coordination telephone network including leased Hotline telephone net ex­ tending from Halifax to New Orleans. 1304.2 Teletype writer services available include: 1304.2- 1 AUTODIN—A defense communi­ cations worldwide high speed user data com­ munications system operated for and man­ aged by the DCA to provide both direct user- to-user and store and forward message switching service for DOD and other govern­ ment agencies; B e g io n a l O f f ic e s Begion X 1304.2- 2 SABLANT—Coast Guard-leased 1200 Sixth Avenue teletypewriter system extending from Massa­ Environmental Protection Agency Begion I, Room 2303 Seattle, Washington 98101 chusetts to Texas (used to control and co­ Tel: (206) 442-4343 ordinate SAB Incidents and to handle other John F. Kennedy Federal Building operational traffic and priority administrative Boston, Massachusetts 02203 1402 D e p a r t m e n t o f T ransportation communications); Tel: (617) 223-7265 U.S. C oa st G uard D is t r ic t s 1304.2- 3 SABPAC—Same as (2) for theEnvironmental Protection Agency 1st Coast Guard District West Coast U.S.; and Begional II, Boom 908 150 Causeway S treet 1304.2- 4 TELEX—Teletypewriter exchange26 Federal Plaza Boston, Mass. 02114 service provided by Western Union that New York, New York 10007 Duty Officer: (617) 223-6650 serves Continental U.S., industry and Gov­ Tel: (201) 548-8730 2nd Coast Guard District ernment offices. TELEX also permits direct Environmental Protection Agency Federal Building Begion III connections with international communica­ 1520 M arket S treet tion carriers and oversea TELEX communi­ Curtis Bldg. St. Louis, Mo. 63101 cations. 6th and Walnut Streets Duty Officer: (314) 622-4614 Philadelphia, Pennsylvania 19106 1305.1 Inform ation on cu rren t an d pre­ 3rd Coast Guard District Tel: (215) 597-9898 Governors Island dicted meteorological, hydrologic and ocean­ Environmental Protection Agency ographic conditions for the high seas, coastal Begion IV New York, N.Y. 10004 and inland waters is available from NOAA. 1421 Peachtree St., NE. Duty Officer: (212) 264-4800 If specific capabilities of other agency envi­ 5th Coast Guard District Atlanta, Georgia 30309 Federal Building ronmental description and prediction pro­ Tel: (404) 526-5062 grams are required because of the area or Environmental Protection Agency . 431 Crawford Street unusual conditions, NOAA will arrange for Begion V Portsmouth, Va. 23705 the provision of such information. 230 South Dearborn Street Duty Officer: (703) 393-9611 7th Coast Guard District n n e x r i m a r y g e n c y f f i c e Chicago, Illinois 60604 A IV—1400 P A O Boom 1018, Federal Bldg. L o c a t i o n s a n d B o u n d a r i e s Tel: (312) 896-7591 Environmental Protection Agency 51 S.W. 1st Avenue 1400 Geographical boundaries. Begion VI, S uite 1600 Miami, Fla. 33130 Duty Officer: (305) 350-5611 Begional contingency plans shall be based 1600 P atterson St. upon the Standard Federal Begions. These Dallas, Texas 75201 8th Coast Guard District plans are available, for inspection at EPA Tel: (214).749-3840 Customhouse regional offices or U.S. Coast Guard district Environmental Protection Agency New Orleans, La. 70130 offices as show n in 1401 and 1402. O ther Begion VII Duty Officer: (504) 527-6225 1735 B altim ore Ave. agencies’ addresses and telephone numbers 9th Coast Guard District may be found in the United States Govern­ Kansas City, Missouri 64108 ment Manual (issued annu&lly) or in the Tel: (816) 374-3778 1240 E ast 9 th S treet local telephone directories of cities shown Environmental Protection Agency Cleveland, Ohio 44199 on the maps included in this Annex. EPA, Begion VIII, Suite 900 Duty Officer: (216) 522-3984 HEW, and HUD regional geographical bound­ 1860 Lincoln S treet 11th Coast Guard District aries follow this delineation. Denver, Colorado 80203 Tel: (303) 837-3880 Heartwell Bldg. 1401 E nvironm ental Protection A g e n cy - 19 Pine Avenue Office addresses, telephone numbers, and Environmental Protection Agency m ap. Begion IX Long Beach, Calif. 90802 1402 Department of Transportation— 100 California Street Duty Officer: (213) 590-2311 United States Coast Guard district offices San Francisco, California 94111 12th Coast Guard District addresses, telephone numbers and maps. Tel: (415) 556-6254 630 Sansome Street

FEDERAL REGISTER, VOL. 40, NO . 28— M O NDAY, FEBRUARY 10, 1?75 6290 RULES AND REGULATIONS

S an Francisco, Calif. 94126 Duty Officer: (808) 546-7109 Duty Officer: (415) 556-5500 ( COMMERCIAL ONLY) 13th Coast Ouard District AUTOVON—421-4845 616 2nd Avenue I7th Coast Guard District Seattle, Wash. 98104 P.O. Box 3-5000 Duty Officer: (206) 524-2902 Juneau, Alaska 99801 14th Coast Guard District Duty Officer: (907 ) 686-7340 677 Ala Moana Blvd. (COMMERCIAL ONLY) H onolulu, Hawaii 96813 AUTOVON—386-1121

FEDERAL REGISTER, V O L 40, N O . 28— M O N D A Y , FEBRUARY 1 4 3 S * S RULES AND REGULATIONS 6291

FEDERAL REGISTER, VOL. 40, NO . 28— M O NDAY, FEBRUARY 10, 1975 15 RULES AND REGULATIONS FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975

IV-13 Iff *o 6292 RULES AND REGULATIONS «293

by telephone to predesignated OSC, NBC Shall evaluate incoming Information and im­ m ediately advise OEP D isaster Program s Office of potential disaster situations. 1503.3 POLBEPS (Pollution Beports) Shall be submitted by BBT to NBT In a timely manner as developments occur and at 0800 and 2000 local time on each day of the operation. 1504 Pollution reports. 1504.1 W ithin 60 days a fte r th e conclu­ sion of Federal removal action resulting from a major pollution discharge, the OSC shall submit a complete report of the response operation and the actions taken. Copies will be furnished to the NBT or BBT, as appro­ priate. together with any other pertinent In­ formation available to the forwarding group. The NBT shall then evaluate each situation and will make appropriate recommendations. 1504.2 The report required by 1504.1 above Shall Include: 1504.2- 1 Description of the cause and ini­ tial situation; 1504.2- 2 Organization of response action and resources committed; 1504.2- 3 Effectiveness of response and re­ moval actions by: a. The discharger; b. State and local forces; c. Federal Agencies and Special Forces; 1504.2- 4 Unique problems encountered; 1504.2- 5 Recommendations on: a. Means to prevent reoccurrence; b. Improvement of response actions; c. Changes in National or Beglonal Con­ V« i\ I). 8. GEOLOGICAL SURVEY tingency plans to Improve. ALASKA AREA Conservation Division *1. p \ A n n e x VI—1600 P u b l ic I n f o r m a t io n 1601 Introduction. 1601.1 W hen a m ajor pollution discharge occurs, it is Imperative that the public be provided promptly with accurate informa­ tion on the nature of the discharge and what steps are being taken to correct the prob­ lem. This policy must be followed to obtain understanding from the public, ensure co­ operation for all interested parties and to check the sprekd of misinformation. National Administration Policy and the Freedom of Information Act both call for maximum dis­ g closure of Inform ation. 1602 National News Office. 1602.1 W hen th e NBT is activated, th e team chairman will contact the most appro­ priate Primary Agency and ask it to detail a professional Information officer to establish and direct a N ational News Office. B equests by th e D irector of th e N ational News Office for an appropriate number of professional and clerical assistants will be met by one or more of th e Prim ary Agencies. 1602.2 The Director of the National News Office will be responsible for overall super­ vision of public Information activities. While th e D irector of th e Beglonal News Office will A n n e x V—1500 C ommunications a n d 1502.1-3 To provide for alerting, notifi­ have considerable freedom in responding to R e po r ts cation, surveillance and warning of a news inquiries, he will work under the di­ 1501 Purpose. pollution discharge. rection of the Director of the National News Office. The closest possible coordination will 1501.1 The com m unications concerning 1503 Communications procedures. be maintained between the National News an oil or hazardous substance discharge are 1503.1 Normal com m unication circuits of Office in Washington and the Beglonal News an integral and significant part of the op­ each Primary Agency shall be used to effectu­ Office. erations. The same precepts govern in these ate this Plan. The national and district or 1602.3 Promptly after his designation, the Instances as do other operations In which the regional offices and telephone numbers of Director of the National News Office will USCG, EPA and other operating agencies primary alerting and notification offices of contact th e W hite House Press Office and are Involved. Interested agencies will be maintained in th e Office of th e D irector of C om m unications 1502 Objectives. NBC and as appropriate In BBC. for the Federal Government to arrange what­ 1503.2 The initial reporting of a pollu­ ever information assistance may be required 1602.1 The objectives of th e com m unica­ tion discharge by agencies participating In by these offices. tions and reports are: this plan shall be in accordance with the In­ 1602.4 All written news releases Involving 1502.1- 1 To speed the flow of informa­ major policy considerations will be cleared tion pertaining to pollution discharge; formation and format as described In the regional plans. Beports of medium or major by th e C hairm an of th e NBT or in hie absence 1602.1- 2 To relay advice, Instructions the vice-chairman. Situation reports and and reports pertaining to pollution dis­ discharge received from dischargers or the other factual releases will not require formal charge; and general public by the NBC shall be relayed clearance.

FEDERAL REGISTER, VOL. 40, NO. 23— -M ONDAY, FEBRUARY 10. 1975 6294 RULES AND REGULATIONS

1602.5 The Director of the National News should be set up at or near the location determined, information activities will be di­ O ffice will have free access to meetings of where the OSC is stationed. Requests by the rected by the public Information personnel the NRT and will be consulted on the possi­ Director of the Regional News Office for ap­ of the same Primary Agency which will pro­ ble public reaction to the courses of action propriate professional and clerical assistance vide the predesignated OSC. These activities under consideration by the NRT. will be met by one or more of the primary will be conducted in accordance with the in­ 1602.6 At appropriate Intervals th e Di­ agencies. formation policies of that agency. rector of the National News Office may ar­ 1603.2 The D irector of th e Regional News range news conferences at which the Chair­ Office will follow th e procedures outlined 1606 Special public information procedures man of the NRT, the OSC or other informed above for the Director of National News Of­ for Senators, Representatives, Congres­ officials will make progress reports and re­ fice in contacting the press offices of State sional Aides and Staff Members, White spond to questions from the media repre­ and local officials, in arranging appropriate House Representatives and other VIP’s. sentatives. public information liaison with industries 1606.1 T he D irector of th e N ational News 1602.7 The Director of the National News- and other concerned Interests, and in issu­ Office or th e D irector of th e Regional News Office will keep appropriate press offices post­ ing at least one dally written news release. Office will arrange, on request, to perform ed on developments. These include the press 1603.3 All news releases Involving major special public information services for VIP’s offices of the Secretaries or Director of the policy considerations will be cleared by the including: notifying the media bf the time, Primary Agencies to the National Contingen­ C hairm an of th e RRT. place and purpose of the VIP visits; making cy Plan; Governors, Senators and Repre­ 1603.4 The Director of the Regional News press conference arrangements; and, ar­ sentatives whose States or Districts are af­ Office will have free access to m eetings bf ranging for Interviews with the VIP by in­ fected by the incident; and, the mayor and the RRT and should be consulted on the terested members of the media. other responsible local officials in affected possible public reaction to the courses of communities. action under consideration by the RRT. 1607 Special public information procedures 1602.8 As long as p ublic in terest w arrants, 1603.5 T he Regional News Office will be for salesmen. at least one written news release or status provided with adequate space, telephones, report per day will be issued by the Na­ 1607.1 Public Inform ation officers assigned typewriters, communications equipment and to pollution emergencies will refer salesmen tio n al News Office and th e Regional News other supplies by the Primary Agency which Office reporting progress. Is providing the RRC. The Director of the to technical personnel designated to evaluate 1602.9 The N ational News Office will be Regional News Office will determine what their wares. provided with adequate space, telephones, equipment and supplies are needed to ensure 1608 Special public information procedures typewriters, communications equipment and an orderly flow of information and to accom­ other supplies by the U.S. Coast Guard at modate visiting members of the news media. for the general public. U.S. Coast Guard headquarters, Washing­ 1608.1 In responding to queries from the ton, D.C., where the NRC is housed. The Di­ 1604 Washington, D.C., public information general public, public Information officers rector of th e N ational News Office will d eter­ contact. mine what equipment and supplies are need­ will advise the callers or arrange to have the 1604.1 If the NRT has not been activated, callers advised on what the latest press re­ ed to ensure an orderly flow of information the Director of the Regional News Office will and to accommodate visiting members of ask the most appropriate Primary Agency to lease has reported. th e news media. assign a public information officer in Wash­ 1609 Special public information proce­ 1603 Regional News Office. ington, D.O., to serve as a contact point for dures—correspondence. queries made In Washington, D.C. Hie in­ 1603.1 W hen an RRT is activated, th e formation officer assigned to this task will 1609.1 After th e crisis h as subsided, a Chairman will contact the most appropriate follow the procedures outlined above for the model letter reporting on the situation will agency and ask it to detail a professional Director of the National News Office in con­ be drafted by the public information per­ public Information officer to establish and tacting the press offices of the White House sonnel assigned to the problem. After the direct a Regional News Office. Any prim ary and Congressional and Federal officials. Agency may by request to the RRT, place model letter has been approved by the Chair­ its designated representative on the staff 1605 Interim Public Information Director. man of the NRT or the RRT, nopies will be of th e Regional News office to advise and 1605.1 In th e period following a discharge sent to the Primary Agencies for their guid­ assist th e D irector. The Regional News Office and before the need for a Federal response is ance in responding to mall inquiries.

a n n e x Y i r

1 7 0 0 U ral authorities

Î7CC.Ï Federal Statutes, Regulations end Administration orders relative to oil rollutien control are administered by several Departments and Agencies. The following is a tabular summation of the more imncrtant of these legal-authorities.

1711 Federal Oil Pollution Control Statutes

©PERATING PROHIBITED STATUTES AGENCIES ACT OR TERRITORIAL SANCTIONS FXCEPTEO INVOLVED AUTHORIZATION APPLICATION , DISCHARGES

R e fu se A c t “ .CORPS To discharge from ship. , * 1. U.S.navioable waters (USNVI)1. $5*0.00 - $2500.00;•sewage" 30 flowing 13SS s.y.s.c.fi* (foreign A domestic) or 2. Tributar1es, If refuse floatsdays to 1 yr. or both from streets and (33 U.S.CJQ? 3 . Customsfrom shore or water front o r w ash es in t o USNH. 2. Vessel liable "ins e wrem" e r s . ■ < * s e g .) 4 . JUSTICEfacility, any refuse matter 3.0n banks, if likely tQ be for penalties. Of any kind -or description washed into USNW. (even commercially valuable petroleum).

è i l H * « e * + * * * * ft ft ft * ft ft * * ft ft ft

Federal Water 1 . tPA Discharge, in harmful U.S. waters or adjoining 1 .Failure to report prohi­ 1.As allowed by P o llu t io n Con­ 2 . D0T quantities, of oil or shorelines or the waters of bited discharge:(a)fine up regulations, trol Act, as 3 . C0RPSliazardous substances to the contiguous zone. to*$10K or (b) imprison­ standards or per­ W en d ed . 4 . Customthe s waters of thé U.S. ment' for up to one year. m it s . 133 Ü.S.C. . 5 . JUSTICEEffluent Standards, Hat- ¿.Prohibited discharge of 2 .In the contiguous 1151 ct seq.) ; Iona) Standards of Perfor­ o il or hazardous substance- zone as permitted mance, Water Quality civil penalty, 5K. by the SI Conven­ S ta n d a r d s . 3 . Violation of regulations- tion , as amended SK. 1 n 1 9 6 9 . 4. Removal liability costs: (a) vessel $14H or $100/grtj (b ) onshore or offshore facility, $8M.

SMS ** * * ' * * *e * • * t ft ft ft ft • a * a

e ii Pollution 1. V.S.t.G » I.Any dlsi arge or escape 1.Prohibited zones 1.P e n a lty : ^.Discharges: Act '1961» as 2 . CustomOf spersist»-», o il from (i)measured from baseline ( a ) isnb.no to $2500.00 ( a ) To s e c u r e amended, (33 3 . C0RPSvessels bject to Act* from which territorial sea f$ or 1 yr. or both-any safety of ship, » . S X . WiOJ- 4 . JUSTICE1 .*., el. U.S. seagoing •stab]fshed} person or company; cargo or life at 10TS)imole- 5 . S ta te vessels including tankers ( b ) G e n e r a lly e x te n d s SO ■ d o e (b ) Shio other than one s e a : Inents Inter­ (whose tanks carry only t o s e a } owned A operated by U.S. (b) Due to damage n a t io n a l •11). Except:(a)Tankcrs (c ) Fxtends 100 miles t o s e c l i a b l e "to rem" for above to vessel or un­ Convention en under ISO gross tons} OW northeast Coast of U.S,} penalty, and avoidable leak­ Prevention o f (b) 0ther vessels under (d ) Extends out 100 m iles to (c ) Suspension or revoca­ age, if all rea­ Polletlon of S0n gross tens; tea o ff West Coast of Canadat tion of ltconso» sonable oreeau- Sea b y O il* (c) Vcjsels on whaling »nd (c)Kodiflcatlons published tions taken aftef operations} 1« notices to Kartners* damage occurred

FEDERAL REGISTER, V O L 40, N O . 28— M O NDAY, FEBRUARY 10, 1975 RULES AND REGULATIONS 6295

(i)V«M els White using o r le a k a g e Great Lakes & trlbu» discovered; tarles; and. (c)0f residue (e)Naval vessels and auxi­ from fuel or lube l i a r i e s . oil purification 2. Any discharge of oil from 2 .Uni 1mlted-Exeept If fit or clarification vessel subject to Act. of Master's opinion special as far from land 20,000 o r - p lu s gross to n s * . circumstances make it neither as possible; V h o s e bldg, contract exe­ reasonable nor practicable t* (d)0iVy mixture* cuted on or after Hay 18. retain oil on board, dls- from bilqes con- 1 ? 6 7 j Charee, outside prohibited taininq only lubft 3. Vessels, subject to Act, 2one 1s permitted. oil drained or Which are tankers or use 3 .Penal ties re. Oil Record leaked from ma- oil fuel must keep Oil Rook: chinery spaces; and R ecord Rook w ith e n t r ie s (a)Person failing to comoly * ( e ¡Vessels, other of certain discharges or fine of from 1 5 0 0 .0 0 to than tanker. escapes of oils. 5 1 , 0 0 0 .-0 0 ; proceeding to a 4. Forward to State Dept,(b)Pcrson making false entry port with inade- evidence of discharge or ( i ) f i n e - t5K).'rl to 51,000.09« quate reception escape from foreign vesl. (11¡imprisonment far 6 nos. facilities. o f b o th . 1.Prohibited zone (No. 1 above).

* * * * * * * * * * A *

1720 Related Federi 1 Statute»

STATUTES ApMINISTRATIVE AUTHORIZE!) ACTION TERRITORIAL AUTHORITY CONSIDERATIONS

1721 U.S.Navy.Ship Salvage Secretary of Navy (U.S, I.To salvage, by contract or otherwise: 1.(a) for U.S. Naval vessels* Authority (10 U.S.C. Navy S h ip System Command, (a) U.S. Naval vessels; Navy has direct responsl- 7 3 6 1 ) Supervisor of Salvage) (b) Private vessel (foreign or d o m e stic ) Subject (o . b illty anywhere; availability of salvaqe forces; and, (b)for private vessels (1)1f not abandoned nor under oovernmental control (I) U.S. navigable waters nor other salvaqe facilities reasonably avail­ and high seas. able A competent private authority reouests help, (II) U.S. navigable waters 1.e.« ship's master, owner, or underwriter. U.S. territorial (li)l'f abandoned or under control of U.S.C.6..FWPCA, waters and those within Corps of Fnglneers, Office of Emergency Preparedness, the authority of re'-' or Federal Court - competent requesting agency questing government becomes customer. agency by law or t r e a t y .

1722 Outer Continental Secretary of the Interior t.ToxepuTate leases for exploitation of Shelf lands, terms I.U.S. Continental Shelf Shelf band Act of (a) Bur. of Land Mgmt. and conditions calculated to prevent pollution In offshore L ands. 1953 (43. U.S.C. (b) U.S.G.S. oil or mining operations. Regulations provide that lessee 1 3 3 1 -1 3 4 3 ) Secretary of Transportation shall not pollute; shall take certain preventive actions (a) U.S.C.G. and I f pollution occurs, lessee shall make appropriate notifications and shall be liable for cleanup. *****

1723 Disaster Belief Act The President 1. To declare an emergency or a major disaster at the request of a governor of a State. (1) Major disaster areas of 1074 Administrator, Federal 2. If declared, to direct Federal agencies to assist by: (States) as declared by 88 Stat. 143 Disaster Assistance (a) Utilizing or lending, with or without compensation therefor, to States and local the President and area Administration governments, their equipment, supplies, facilities, personnel, and other re­ designated by the FDAA E .O .11575, Dec. 31,1970 sources, other than the extension of credit under the authority of any Act; Administrator. (b) Performing on public or private lands or waters any emergency work or services (2) Emergency areas as de­ essential to save lives and to protect and preserve property, public health and termined by FDAA Ad­ safety, including but not limited to: search and rescue, emergency medical care, ministrator. emergency mass care, emergency shelter, and provision of food, water, medicine, (3) U.S., its territories and and other essential needs, including movement of supplies or persons; clearance possessions. of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services; provision of temporary facilities for schools and other essential community services; demolition of un­ safe structures that endanger the public; warning of further risks and hazards; public information and assistance on health and safety measures; technical ad­ vice to State and local governments on disaster management and control; re­ duction of immediate threats to life, property, and public health and safety; and making contributions to State or local governments for the purpose of carrying out the provisions of this paragraph.

1724 14 U.S.C. 81 et M4. U.S.C.C. 1 . To aid distressed persons A protect property. Sec. 88(b) In USNW and on the high seas.* 2 . To establish, maintain A operate aids to maritime navigation In USNW, waters above th e‘U.S, continental shelf and other specified areas. 3 . To mark for protection of navigation any wreck in USN1( (Sec. 86) not properly marked by owner (33 U.S.C. 409) • * * * *****

172$ 14 U.S.C. 141 («} V.S.C.G, I.On reguest may use personnel A facu lties to assist any t. Limited only by Inter* government agency to perform any activity for. which national law-re. Ter* such personnel are especially Qualified. rltorlal waters. *****

172$ Ha gnuson Act Designated U.S.C.G. 1 . Arevent anything from betnq placed on board any vesselI# V.$. Territorial water» (SO U.S.C. 191) O fficers (33 CFR <) or waterfront facility as defined 1n 33 CFR 6.01-4. Vben directed b y When necessary to prevent damage to U.S. waters. , * Executive Order 2 . Establish security zones into which no person or vessel (presently Implemented may enter or take anything. ty E.o. 10173 *$ 3 . Control vessel movement A take fu ll or partial possession »m ended) or control of any vessel when necessary to prevent danger to U.S. waters. 4. Prevent mooring to or comnel shifting of any vessel froi* waterfront facility If It endangers such vessel, oilier vessels, harbor, any facility therein because conditions » « l i t in nr a b o u t waterfront • not limited to fir* hazard’s

FEDERAL REGISTER, VOL. 40, N O . 28— M O NDAY, FEBRUARY 10, 1975

ftr ft ftr ft ft ft ft ft* ft ft* ft ft ft ft ft ft ft ft ft ft ft ft it * * * * ft * * * * •ft * * * * * * * •ft U.S. TerritorialW a ters. U.S. Territorial Waters (excludes Canal for, T itle I) w a te r s o f Panama TERRITORIAL APPLICATION TERRITORIAL In portion of St. Lawrence River

In the convention. the In lished) and other areas as defined defined as areas other and lished) to a depth that admits Of the exploi* exploi* the Of admits that depth a to from which territorial sea 1s estab­ 1s sea territorial which from through whichLakes boundaryOntario,Huron, line Superior.Niagara, Erte, passes. Ste’. St. Detroit, MarieCanals Clair, River. at St.Shores Sault Clair A Pacific territorial Ste. 8 A Marie. Atlantic waters within on 30 miles Isobath curve contiguous to land of of land to contiguous curve Isobath area. said of tation miles from nearest land (baseline (baseline land nearest from miles of boundary line. U.S. Continental Shelf • 200 meter meter • 200 Shelf Continental U.S. territorial sea 1s measured,» 1s sea territorial (b)wlthln 200 m iles radius of from the baseline from which the the which from baseline the from H igh S ea (a)uithin 720 mile radius of intersection of International boundary M line e x ic o . 8 coast of Gulf of % boundary line 8 Fac1f1c Coast or waters of theIntersection other nation of- international

, . . . . 1, Prohibited zone: All seas within SO SO within seas All zone: Prohibited 1,

1 5 3 4 1. Hot to exceed idles’outward exceed to idles’outward 1. Hot 3. On shores or within territorial

IS IS

substance* ft ft ft ft ft ft ft ***** ft ft ft ft ft ft ft ft ft ft ft * * * * * * * * * ***♦*; ft ft ft ft ft ft ft ft ft 1001-1015) (Note: Oily substance SUBSTANCE OF SUBSTANCE AGREEMENT , -i .• , -i .• stowage, storage and use of dangerous articles of dangerous articles or substances found to be Authority to establish regulations for handling, by vessels having on board Inflam able or combustible Authority to establish additional rules for pro- U.S. Territorial In an unsafe condition. liquid cargo In bulk. vision against hazards of life and property created Waters, vessel movement, prescribe safety egulpment regulre- substances In bulk. or substances on board vessels. Authority to operate thatvessel affect traffic environmental services, quality direct of the navigable ments, establish safety zones, Investigate accidents waters and regulate vessels carrying hazardous u.S.C. u.S.C. , , , , . . 1 1 2. Authority to establish regulations for dlsoosfng 1 governments territorial for enforcement lim action its. within Its boundary lin e. permitted to .salvage wrecks, render atd to vessels Vessels A wrecking equipment of U.S. or Canada No mechanism findings for enforcement A recommendations directly reported by Convulsion to respective *in distress or disabled across the international 2. To prevent discharge or escape of oily thé ShelfInterfere as t1on long withof as livingnavigation, 1t destineddoes seanot fishing resources forunjustifiably open orpublication. nor conserva»with fundamental Coastal government has! exclusive 7. sovereign rloht to explore and exploit©ceanogranhle natural or resource!other scien Of tific research other harmful agents by vessels tinder Its for drafting regulations to prevent pollution c o n t r o l . available or for any other reason rescue is not and may freely proceed with rescue unless advised of seas by oil." n e c e s s a r y . by the other country that adeouate assistance 1s enteringwaters or of intending the other to entercountry territorial as early as possible may aid vessels and either crew of Its country own must nationality, notify that country when . When disabled or 1n distress. Captain, master or owner of rescue vessel of 1 * or diversion of waters Including water pollution. 1. 1. 2. Article xxv - same for radioactive wastes & 1. Vessels 3 rescue apparatus, public 3 private, 2. 1 . A rticle XXIV - Member nations responsible

RULES RULES AND REGULATIONS

Great Britain PARTIES - (1961)-Belg1um, V.S.C.Ç, ***** U.S.C.G, SLSDC ft ft ft * • * ft ft ft D.S.C.G. ♦ ft ft * * * ♦ ft ft - t » • # • » t - * a « • • * * * * * signed for Canada (1909) Jurisdiction over all cases re. use, obstruction U .S . signed for Canada (1908) U.S. * Great Britain 1. Established International Joint Commission with 1 U.S - Canadian boundary waters« FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 Inter alia. Italy, Japan, Liberia, (33 Nigeria. Norway, Panama, 2. Maintenance of 011 Record Book. Denmark, Finland, France, by sea-go1ng vessels - See Oil Pollution Act of Spain, Sweden, U.K., West Germany, Greece, 1°61 as amended 1n 1966 for U.S. Imnlementatisn* Mexico, Netherlands, defined es persistent oil) inter alia. ft ft ft * ft U.S. U.S. Netherlands, U.K., USSR, U.S. (1964)-0enmark,Finland, France, Mexico, Finland, Italy, Japan, Infrlnoement of nations sanitary regulations Netherlands,USSR, e InterU.K.,* * alia. * * within Us territory or territorial sea. U.S. (1464)-Benmark, 1. To exercise necessary controls to prevent tl.K., USSR, Inter alia. * * * * ft * * * * Mexico, Netherlands, H.$.(1962)-Denmark,Finland, Italy, Jaoan, U.S. »Mexico (1936)

Act Act

Act Act

S a lv a g e

& & Waterways Fácil1 - Fácil1 & & TITLE * TSTT)2) * * (46 USC 170) (PL 9 2 -3 4 0 ) ft * * ft * * ft 1 T 9 0 5 ) (46 (JSC 391a) Dangerous Cargo (35 Stat. 2035, P o r ts it * * ft ft * ft ft * * Tank Vessel Safety Act of 1972 cal RightsConveyance in Prisonerso f and ft ft ft * ft * ft ft ft Treaties and International Conventions Treaty (35 Stat. 2 4 4 8 , TS S 4 5 T * W recking Contiguous Tone (1962) amended 17 (12 U.S.T. 2989! V.S.T. 1523) Pollution by Sea by 011, (1954) Prevention of Convention for (1958) (TIAS (1958) (15 U.S.T 5578) (154 7 1 ) U.S.T.* * * * ft Continental Shelf 1606) (TIA$ 5639) & Geneva ConventionOn T e r r i t o r i a l S ea (49 Stat. 3359, 2 3 1 2 ) * * tate Assistance Seas (1958) TIAS torial Waters T r e a t y t o 5200) (13 U.S.T. to A SalvageVessels of 1n Terri* 1727 1728 1729 1751 Treaty re. Recipro­ 1750 1752 Boundary Waters 1757 1757 1755 1755 1751 Convention of High High of Convention 1751 1753 1753 w 1756 Convention on

VI 1-4 6296 RULES AND REGULATIONS 6297

Annex V m —1800 Documentation anb Cost containers or different closure material. The required, through cross-servicing agree­ R ecovery analysis laboratory should be -consulted m ents. whenever a question arises as to the appro­ *1901.5 This Plan encourages Interagency 1801 Introduction. priateness of any packaging material. agreements whenever specific reimbursement 1801.1 T he OSC in charge a t th e scene 1804.2- 2 Previously unused containersagreements between Federal agencies are of a discharge may be from any one of several are preferred. Containers that have been deemed necessary to ensure that the Federal agencies; it is necessary, therefore, to estab­ cleaned with a strong detergent, thoroughly resources will be available for a timely re­ lish uniform procedures for collect Ion of sam­ rinsed an d dried m ay be used. sponse to a pollution emergency. ples and Information consistent with the sev­ 1804.2- 3 Some explanatory notes cover­ eral phases in Federal response operations. ing the above procedures are as follows: (a) 1902 Funding responsibility. Necessary information and sample collection Glass or other appropriate containers always 1902.1 T he funding of rem oval actions must be performed at the proper times dur­ must be used because plastic containers, necessitated by a discharge from a Federally ing the Federal involvement in removal oper­ with the exception of teflon, have been operated or supervised facility is the respon­ ations for the purpose of later use in iden­ found in some cases to absorb organic ma­ sibility of the operating or supervising tifying the party responsible for removal cost terials from water and, in other cases, com­ agency. recovery. Time is of great importance pounds have been dissolved from plastic 1902.2 Funding of response actions not since wind, tide and current may disperse or containers; (b) as it Is desirable to take a associated with the removal activity, such remove the evidence. Additionally, witnesses large sample of the pollutant, proper skim­ as scientific investigations, law enforcement may no longer be available. Thus, during the ming .techniques should be used to obtain or public relations, is the responsibility of response phases, the OSC must take the nec­ a sufficient amount of oil for analysis; and, the agency having statutory or executive re­ essary action to ensure that information, rec­ (c) because pollution conditions change rap­ sponsibility for those specific actions, ords, and samples adequate for legal and re­ idly, samples should be taken promptly, and search purposes are obtained and safe­ the time sequences and locations noted. 1903 Agency funding. guarded for future use. Additional guidance 1804.2- 4 Consult with the analysis labo­ 1903.1 The Environmental Protection can be found in EPA’s “Field Detection and ratory personnel relative to special samples Agency can provide funds to insure timely Damage Assessment Handbook“. and unusual problems. initiation of discharge removal actions in 1804.2- 5 Samples collected are to be 1802 Notification of Counsel. those Instances where the OSC is an EPA transmitted for analysis, using special courier representative. Funding of continuing Phase 1802.1 Im m ediately upo n notification th a t or registered mail (return receipt requested) m and IV actions, however, shall be deter­ a discharge has occurred, the RRT or NRT and observing the procedures outlined below. mined on a case-by-case basis by the Oil and members, as appropriate, Shan notify their Appropriate analytical laboratories are des­ Special Materials Control Division at EPA. respective regional and departmental attor­ ignated In the regional plan. Reports of lab­ Inasmuch as EPA does not have funds pro­ neys, as provided herein and as detailed In oratory analysis will be forwarded to the ap­ vided for this purpose by statute or regula­ regional plans. propriate RRT for transmittal to counsel. tion, initiation of Phase in and IV activities 1802.2 C oordination o f appropriate coun­ 1805 Photographic records. is funded out of operating program funds. sel will be effected by counsel of the Depart­ 1903.2 The U.S. Coast Guard pollution ment responsible for furnishing the OSC. 1805.1 P hotographs should be tak en to control efforts are funded under "Operating Coordination will be for Joint and several show the source and the extent of pollution, Expenses.” These funds are utilized in ac­ actions concerning legal matters regarding if possible, using both color and black and cordance with agency directives and appli­ the operation and the Plan and for advising white film. The following information should cable regional plans. the owner or operator that a determination be recorded on the bade of each photo­ 1903.3 The D epartm ent of Defense h as has been made under subsection 311(c) (1 ) graphic print: (a) Name and location of ves­ two specific sources of funds which may be of the Act that removal is not being properly sel or facility; (b) date and time the photo applicable to a pollution Incident under ap­ accomplished. was taken; (c) names of the photographer propriate, circumstances. (This does not con­ 1802.3 T he inform ation and reports ob­ and witnesses; (d) shutter speed and lens sider military resources which might be tained by the OSC are to be transmitted to opening; and (e) type of film used and de­ made available under specific conditions.) the RRG. Copies will then be forwarded to tails of film processing. (The immediate 1903.3- 1 Funds required for removal of the NRC, members of the RRT, and others, as developing type of photographic process may a sunken vessel or similar obstruction to appropriate. The representative of the Agency be of major assistance to the less-than- navigation are available to the Corps of Engi­ on the RRT having cost recovery authority professional photographer by allowing on- neers through Civil Functions Appropria­ will then refer copies of the pollution reports the-spot inspection of results mid “ retakes” tions, Operations and Maintenance, General. to his respective agency counsel. as needed to obtain an acceptable photo­ graph.) 1903.3- 2 The U.S. Navy has funds avail­ 1803 Legal notice to suspected discharger. able on a reimbursable basis to conduct Annex IX—1900 F ondino salvage operations. 1803.1 The owner, operator, or o th er ap ­ propriate responsible person shall be notified 1901 General. 1904 Disaster relief funds. of Federal interest and. potential action in a 1901.1 The prim ary th ru s t o f th is P lan 1904.1 C ertain pollution control em er­ pollution discharge by the agency furnishing is to encourage the person responsible for gency response activities may qualify for the OSC. This notice shall include advice of a discharge to take appropriate remedial ac­ reimbursement as disaster relief functions. In the own«: or operator’s liability for proper tions promptly. Usually tills will mean that making a declaration of a “major disaster or removal of the discharge in accordance with the cost of removal of the discharge shall be emergency” for a stricken area, the President section 311(f) of the Act; the need to per­ borne by the person responsible for the dis­ may allocate funds from his Disaster Relief form removal In accordance with existing charge. The OSC and other officials associ­ Fund, administered by the Administrator, Federal and State statutes and regulations, ated with the handling of a pollution emer­ Federal Disaster Assistance Administration. and this Flan; and Identification of the OSC. gency shall make a substantial effort to have After the President has declared a “major 1804 Sample collection procedures to be fol­ the discharger voluntarily accept tills re­ disaster or emergency” and authorized allo­ lowed by OSC. sponsibility. cation of funds, the Administrator may au­ 1901.2 If the discharger does not volun­ thorize certain reimbursements to Federal 1804.1 Several precautions m u st be ob­ tarily act promptly to remove the discharge agencies for assistance provided under direc­ served when taking and handling liquid sam­ of oil or hazardous substances, Federal dis­ tio n of his office. Applicable policies and pro­ ples tar analyses as the character of the sam­ charge removal actions may be initiated pur­ cedures are stated in Title 24, Chapter XIII, ple may be affected by a number of common suant to section 311(c)(1) of the Act. The Part 2201, “Reimbursement of Other Federal conditions. These precautions concern the discharger, if known, is liable few the reason­ Agencies” under Pub. L. 91-606 (For use following: (a) The composition of the con­ able costs of such Federal removal actions un d er Pub. L. 93-288 u n til revised). tainer; (b) cleanliness of the container; and, in accordance with section 311 (f ) of the Act. 1904.2 T he A dm inistrator, FDAA, m ay also (c) manner in which the sample is taken. 1901.3 Actions undertaken by the Pri­ make financial assistance available to State 1804.2 In taking such sam ples, th e follow­ mary Agencies in response to pollution emer­ governments and through the States to. local ing procedures are to be followed in all cases: gencies shall be carried out under existing governments in accordance with policies and 1804.2-1 Glass or other appropriate con­ programs and authorities insofar as practi­ procedures stated in Title 24, Chapter XIII, tainers of suitable size shah be used. The cable. Part 2205, “Federal Disaster Assistance”. portion of the closure (sealing gasket or cap 1901.4 It is not envisioned that any Fed­ linear) w hich m ay come in to co n tact w ith eral agency will make resources available, 1905 Pollution revolving fund. the sample In the container is of considera­ expend funds or participate in operations in 1905.1 A pollution revolving fu n d , ad ­ ble importance. When oil or petroleum hy­ connection with pollution emergency opera­ ministered by the Commandant, USCG, has drocarbons are to be sampled, the closure tions unless such agency can so respond in been established pursuant to subsection (k) should be made of glass, aluminum foil, or conformance with its existing authority. Au­ of section 311 o f th e Act. R egulations govern­ teflon. Pollutant» other than oh may require thority to expend resources will be in accord­ ing the administration use of the fund special precautions such as Jacketing of glass ance with agencies' basic statutes and, if are contained in 33 CFR 153.

FEDERAL REGISTER, V O L 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 6298 RULES AND REGULATIONS

1905.2 P u rsu an t to section 311(c)(2)(H ) this schedule will be considered by EPA on a man life or limb or substantially reduce ex­ of Public Law 92-500, the State or States case by case basis for use In the removal plosion or fire hazard to property; affected by a discharge of oil or hazardous of oil and hazardous substances discharges. 2003.1- 1.2 In the judgment of the EPA substance may act where necessary to remove 2001.3 This Schedule advocates develop­ RRT member on a case by case basis, in con­ such discharge and may, pursuant to regula­ ment and utilization of sorbents, skimmers, sultation with appropriate State or Federal tions which the Commandant, USCQ, may booms and other mechanical control methods agencies, prevent or reduce substantial prescribe, be reimbursed from the fund for to remove or mitigate oil and remove, miti­ hazard to a major segment of the popula­ the reasonable costs Incurred In such re­ gate, or neutralize hazardous substances dis­ tion^) of vulnerable species of waterfowl; or, moval. charges from the environment with subse­ 2003.1- 1.3 In the judgment of the EPA 1905.2- 1 Removal by a State Is necessaryquent proper disposal. RRT member on a case by case basis, in con­ when the OSC determines that the owner 2001.4 It is the intent of this Schedule sultation, whenever possible, with appro­ or operator of the vessel, onshore facility, that no harmful quantities of any substances priate State and Federal agencies, result in or offshore facility from which the discharge be applied to the waters to remove or miti­ the least overall environmental damage, or occurs does not effect removal properly and gate the effects of oil or hazardous substances interference with designated water uses. th a t: discharges. 2003.1- 2 Minor discharge. The provisions 1905.2- 1.1 State action Is required to 2001-5 In Implementing this schedule and of section 203.1-1.1 shall apply. minimize or mitigate significant damage to in maintaining its relationship with other 2003.2 Special restrictions on dispersing the public health or welfare which Federal Federal and State agencies, EPA shall recog­ agent use: action cannot minimize or mitigate, or nize that some States may have more 2003.2- 1 Chemical agents shall not be con­ 1905.2- 1.2 Removal or p artial rem oval canstringent laws, regulations or written policies sidered for use as dispersing agents unless be effected by the State at a cost which Is regulating the use of chemicals in the re­ technical product data has been provided and not significantly greater than the cost which moval of oil and hazardous substance dis­ accepted in accordance with 2003.3 except would be Incurred by the Federal depart­ charges, in which case such laws, regulations when in the Judgment of the On-Scene Co­ ments or agencies. or policies shall govern. ordinator the hazards discussed in 2003.1-1.1 1905.2- 2 Noth withstanding Idle above, 2001.6 It has been determined that be­ are so imminent that the time delay for ob­ State removal actions are not necessary If cause of the overriding need for prompt in- taining a dispersant agent that is in compli­ not In compliance with Annex X of this tiation of discharge removal actions no ance with 2003.3 would be excessive. Plan. formal permit, as provided for by section 402 2003.2- 2 Federal officials responsible for oil 1905.2- 3 State removal operations areof the Act, shall be required before applica­ and hazardous substance spill response activi­ considered to be Response Phase n i or Re­ tion of chemicals to mitigate the effects of a ties at all levels shall develop effective pro­ sponse Phase IV actions to the extent that discharge. The provisions of § 1510.2(g) of grams to insure that dispersants that are the same operations undertaken by a Federal this Plan shall apply. available for use in appropriate spill response agency would be so considered. 2002 Definitions. Materials applied to oilactions are dispersants with adequate tech­ or floating hazardous substances discharges 1905.2- 4 When supervised by the State nical data on file with EPA. This effort will are defined as follows: help preclude the avoidance of the EPA tech­ agency designated pursuant to $ 1510.23(a) 2002.1 Chemical Agents are those ele­ of this Plan, removal operations of a local nical data program by manufacturers or sup­ ments, compounds, or mixtures that disperse, pliers who might wish to take advantage of government are considered to be actions of dissolve, emulsify, neutralize, precipitate, the State for purposes of this section. the emergency conditions provisions of reduce, solubilize, oxidize, concentrate, con­ 2003.2-1. 1906 Obligations o f funds. geal, entrap, fix, gell, make the pollutant 2003.2- 3 For all situations where dispers­ mass more rigid or viscous, or otherwise 1906.1 Care m u st be exercised to ensure ants are used, accurate records shall be kept facilitate the mitigation of deleterious effects on dispersant types, brands, application rates that misunderstandings do not develop about or removal of the pollutant from the water. reimbursement of funds expended for re­ and methods, effectiveness, environmental 2002.2 Dispersing Agents are those chemi­ impacts, plus any other pertinent observa­ moval activities. The OSC should not know­ cal agents which emulsify, disperse, or ingly request services for which reimburse­ tions. solubilize oil into the water column or act 2003.3 Technical product data for disper­ ment is mandatory unless reimbursement to further the 'surface spreading of oil slicks funds are known to be available. Similarly, sing agents. in order to facilitate dispersal of the oil into 2003.3- 1 Technical product data as out­ the agency supplying a reimbursable service th e w ater colum n. should determine the source of reimburse­ lined in 2003.3—4 on the physical, chemical 2002.3 Surface Collecting Agents v are and toxicity characteristics of a dispersing ment before committing resources necessi­ those chemical agents which are a surface tating reimbursement. agent shall be submitted to the Division of film forming chemical for controlling oil Oil and Special Materials Control (WH-488), 1906.2 OSC Shall exert adequate control layer thickness. of removal operations so that he can certify Environmental Protection Agency, Washing­ 2002.4 Biological Agents are microbiologi­ ton, D.C. 20460, at least 60 days prior to the that reimbursement from the fund Is cal cultures, enzymes, or nutrient additives appropriate. use of the agent. Within 60 days of receipt of that are deliberately introduced into an oil the data, EPA will inform in writing the sub­ 1906.3 Detailed Instructions on utilization or hazardous substance spill for the specific mitter on the adequacy of the data pro­ of the fund are contained In USCQ Comp­ purpose of encouraging biodegradation to vided. If additional information is requested troller Manual. mitigate the effects of a spill. or EPA desires to perform tests, th e dispersing 1907 Planning. 2002.5 Burning Agents are those mate­ agent may not be considered for use until the rials which, through physical or chemical additional needs have been satisfied and the 1907.1 T he availability of fu n d s an d re­ means, improve the combustibility of the submitter so notified. quirements for the reimbursement of ex­ materials to which they are applied. 2003.3- 2 Information furnished in accord­ penditures by certain agencies must be 2002.6 Sinking Agents are those materials ance with 2003.3-4 shall be maintained on file included In resource u tilizatio n planning. Re­ which are applied to oil and hazardous sub­ by the Environmental Protection Agency, Oil gional and subregional contingency plans stance spills to sink floating pollutants and Special Materials Control Division, Wash­ should Show what resources are available below the water surface. ington, D.C. 20460 to provide technical guid­ under what conditions and cost arrange­ 2002.7 Mechanical removal methods in­ ance to OSC's on the acceptable circumstances m ents. clude the use of pumps, skimmers, booms, of use and dosage rates for dispersing agents. 1907.2 Local Interagency agreements may earthmoving equipment, and other mechani­ Any changes in the composition or formula­ be necessary to specify when reimbursement cal devices. tion of the dispersing agent that will affect Is required. 2002.8 Sorbents are essentially inert and any of the data being requested in 2003.3-4 An n ex X —S chedule o r C h em ica ls and insoluble materials which are used to re­ shall be immediately brought to the atten­ O t h e r A d d i t i v e s T o R e m o v e O i l a n d H a z ­ move oil and hazardous substances from tion of EPA and testing of the agent will be a r d o u s S u b s t a n c e s D i s c h a r g e s water through a variety of sorption mech­ repeated prior to the use of the revised dis­ anisms. Examples include: straw, expanded persing agent. 2001 General. perlite, polyurethane foams, reclaimed paper 2003.3- 3 The acceptance and mainte­ 2001.1 This Schedule has been prepared fibers, peat moss. nance of product data by EPA does not con­ by the U.S. Environmental Protection Agency 2003 Dispersing agent program for spills of stitute approval of the dispersing agent nor pursuant to section 1(2), Executive Order oil and applicable hazardous substances. does it imply compliance with any EPA cri­ 11735 and applies to the waters of the United teria or minimum standards for such agents; States and adjoining shorelines, and the 2003.1 Authorization for use of dispersing The OSC will determine which dispersing waters of the contiguous zone. agents. agent may be used for a spill event on a 2001.2 This Schedule applies to the use 2003.1- 10 Major and medium discharges.case by case basis using all available infor­ of any chemicals or other additives as here­ Dispersing agents may be used in any place, mation in making such a decision. To avoid inafter defined that may be used to remove at any time, and in quantities designated by possible misinterpretation and misrepresen­ oil and remove or neutralize hazardous sub­ the OSC when their use will: tation of the EPA's role in this technical stances discharges. Any chemical agent or 2003.1- 1. In the judgment of the OSC,product data program, the manufacturer’s other substance not specifically defined In prevent or substantially reduce hazard to hu­ representatives may use only the EPA letter

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 RULES AND REGULATIONS 6299

advising compliance with 2003.3-4 In any 2. Water phase, (upper) is deeper in color between submitted data and any laboratory advertisements or technical literature on than the chloroform phase—cationic is confirmation performed by EPA, or other the dispersing agent. The EPA letter must positive. circumstances that will result in inadequate be used in its entirety. Failure to comply 3. Both phases are more or less the same or inaccurate environmental information on with these restrictions or any other improper color—probably a nonionic.. the dispersing agents 4. If the aqueous phase has become milky reference to EPA in attempting to demon­ 2004 Surface collecting agent program for strate EPA approval of the dispersing agent and hence slightly lighter in color, it may still be nonionic. Soaps do not react in this spills of oil and applicable hazardous sub­ for use on spills of oil or hazardous sub­ stances. stances shall constitute grounds for remov­ procedure. If both anionics and nonion,ics ing the technical product data from EPA files are present, the reaction of this test will be 2004.1- 1 Authorization for use of surface which would preclude use of the dispersing anionic positive. - collecting agents: Major, medium and minor agent except as noted in 2003.2-3 for im­ 2003.3-4.15 Miscibility. Use the test de- discharges. „ m inent hazards. cribed below which is a modification of mili­ The OSC may authorize use of surface 2003.3- 4 Required technical product data. tary specification MIL-C-22230 (ships) : collecting agents on a case-by-case basis 2003.3- 4.1 Name, brand, or trademark, if One part of the dispersing agent is mixed w hen th eir use will: any, under which the chemical agent is sold. with 100 parts of synthetic sea water. The 2004.1- 1.1 Result in the least overall en­ 2003.3- 4.2 Name, address and telephonesolution is agitated for one hour and any vironmental damage or interference with number of the manufacturer, importer or visible separation of the dispersing agent designated water uses, and vendor. should be noted after this period of agita­ 2004.1- 1.2 Provide a key element in the 2003.3- 4.3 Name, address and telephonetion. The test is to be performed with water most effective system for removing oil or number of primary distributors or sales out­ temperatures at both 20 C and 0 C. Thè hazardous substances discharges from the lets. synthetic sea water shall be formulated as water environment. 2003.3- 4.4 Special handling and workerfollows: 2004.1- 2 Mechanism for authorizing use— precautions for storage and field application. Sodium chloride______;____ _ 150.0 grams. The OSC may authorize the use of a surface Maximum and minimum storage tempera­ Magnesium chloride, hexahy- collecting agent verbally when on scene or tures to include optimum ranges as well as drate______66.0 grams. by telephone prior to arriving on scene. In temperatures that will cause phase separa­ Calcium chloride dihydrate__ 9.6 grams. all cases, the OSC is obligated to comply tion, chemical changes or otherwise damage Sodium sulfate anhydrous.__ 24.0 grams. with the provisions of 2004.2 prior to making effectiveness of the chemical agent. Distilled water to make a total such authorization. A review of the capabili­ 2003.3- 4.5 Shelf life. o f .______. . . ______6.0 liters. ties and expertise of the owner or operator 2003.3- 4.6 Recommended application pro­ or cleanup contractor prior to the occurrence 2003.3- 4.16 Dispersing agent components.of the spill incident would be most beneficial cedure (s), concentration (s) and conditions Itemize by chemical name and percentage for use depending upon water salinity, water in situations where telephone authorization by weight of each component of the total is desired or contemplated. temperature and types and ages of the pol­ formulation. The percentages will include lu ta n ts . 2004.2 Restrictions on surface collecting maximum, minimum and average weights agent use. 2003.3- 4.7 Dispersant toxicity. Use stand­in order to reflect quality control variations ard toxicity test methods described in EPA 2004.2- 1 The OSC may authorize the use in manufacture or formulations. At least of surface -collecting agents only after being Report “Standard Dispersant Effectiveness the following major components shall be and Toxicity Test”' (EPA R2-73-201, May informed of the environmental conditions identified in complying with 2003.3-4.16. at the point of intended use. These environ-; 1973) pages 22-34. This report may be ob­ (a) Surface active agents. tained from the Division of Oil and Special mental conditions include air and water (b) Solvents. temperatures, wind conditions, wave and Materials Control (AW-448), EPA, Wash­ '(c) Additives. ington, D.C.20460. current conditions, presence and relative If requested by the submitter, information density of debris and other floating matter 2003.3- 4.8 TJispersant Effectiveness. Usefrom 2003.3-4.16 will be handled as trade standard effectiveness test methods in EPA on the water, type and condition of the oil secrets under provisions of Pub. L. 90-23, the or hazardous substance spilled, special bio­ R2-73—201, May 1973, pages 11-21. Administrative Procedure Act. 2003.3- 4.9 Flash Point—select appropri­ logical factors such as waterfowl sanctuaries, '2003.3-4.17 Heavy metals and chlorinated wildlife refuges, spawning or. nursery ate method from the following: hydrocarbons. Using reliable analytical ASTM D 56-70 grounds, shellfish beds, swamp areas, etc., chemistry techniques, state the concentra­ and the availability of removal equipment ASTM D 92-72 tions or upper limits of the following ASTM D 93-72 that could be employed to, remove the col­ m aterials: & \ .. .. lected material from the water, information ASTM D 1310-67 Arsenic, cadmium, chromium, copper, lead, 2003.3- 4.10 Pour point. Use ASTM D 97- on environmental conditions should be mercury, nickel, zinc, plus any other metals evaluated by the OSC from the standpoint 66. that may be reasonably expected to be in that conditions such as strong winds, choppy the sample. Atomic absorption methods 2003.3- 4.11 Viscosity. Use ASTM D 445-72. waters, low temperatures, debris, and aquatic 2003.3- 4.12 Specific gravity. Use ASTM D.Should be used and the detailed analytical methods and sample preparation shall be vegetation can adversely affect the perform­ 1298-67. ance of collecting agents or complicate fur­ 2003.3- 4.13 pH. Use ASTM D i293-65. fully described; Cyanide using standard colorimetric pro­ ther removal operations. The performance ; 2003.3-4.14 Ionic activity. Use Weather- can also vary with types of oils or hazardous b u r n T e st as d escribed below : cedures; Chlorinated hydrocarbons. Gas chroma­ substances. The agents can be effective with I onic Activity T ests (Weatherburn Test) tography should be used and. the detailed thin films of light oils but have little value with thick layers of heavy, viscous oils. The R e a g e n ts: analytical methods and sample preparation shall be fully described. . agents should not be used unless adequate 1. Dye solution:. 0.03 grams methylene Removal equipment is available to remove blue, 12 grams concentrated sulfuric acid, 2003.3- 5 Analytical Laboratory Require­the collected on. 60 grams anhydrous sodium sulphate dis­ ments for Technical Product Data: solved in water to make a total of one liter 2003.3- 5.1 The required tests shall be per­ 2004.2- 2 A chemical agent shall not be so lu tio n . formed by a qualified laboratory.. used as a surface collecting agent unless the 2. Anionic surfactant solution—0.05 per­ 2003.3- 5.2 The technical product dataprovisions of 2004.3 are complied with and cent Aerosol OT (Sodium dioctyl sulfo suc­ submission shall include the identity of the EPA has informed the manufacturer’s repre­ c in a te ) . laboratory, the qualifications of the labora­ sentative that the product is acceptable for use as a surface collecting agent. 3. Chloroform, tory staff including professional biographical Procedure: , information for individuals responsible for 2004.3 Technical product data for surface any tests, and laboratory experience with collecting agents. 1. Into a 25 ml. test tube, place 8 ml. of similar tests. Laboratories performing bio­ 2004.3- 1 Technical product data as speci­ dye solution and 5 ml. chloroform. Add ani­ assay tests for dispersant or surface collect­ fied in 2004.3-4 shall be provided to the Oil onic surfactants solution drop by drop, shak­ ing agent toxicity must demonstrate and Special Materials Control Division (WH- ing vigorously between drops and allowing previous biossay experience in order for their 448), EPA, Washington, D.C. 20460, at least phases to separate. Continue adding drop- results to be accepted. EPA will not approve 60 days prior to the use of the agent. The wise until the two layers are equal in color the selection of laboratories by Intended use of existing surface collecting agents may and intensity viewed in reflected light. Usu­ submitters of technical product data prior be authorized by the OSC without comply­ ally 10 to 12 drops of anionic solution are req u ired . to submission of the data.. It is the respon­ ing with 2004.3 for 120 days from the effec­ sibility of the submitter to select component tive date of this Annex. Within 60 days of 2. Now add 2 ml. of 0.1 percent solution of analytical laboratories based on the guide­ receipt of the data, EPA will inform, in 1he unknown and shake vigorously, lines contained herein. writing, the submitter of the adequacy of R e su lts: 2003.3- 5.3 EPA reserves the right to refusethe data submitted. If additional data are 1. Chloroform phase (lower) is deeper in to accept a submission of technical product requested or EPA desires to perform addi­ color and aqueous phase is mostly colorless— data because of lack of qualifications of tional tests, the surface collecting agent may anionic Is .positive. analytical laboratory, significant variance not be used until these additional needs

FEDERAL REGISTER, VOL. 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 6300 RULES AND REGULATIONS

have been satisfied and the submitter so 2004.3- 4.8 Flash point. Select appropriate 2005.1- 1 All Discharges. The OSC may au­ notified. method from the following: thorize the use of biological additives on 2004.3- 2 Information furnished In accord­ ASTM D 56-70 water or shorelines only after obtaining the ance with 2004.3-4 shall be maintained on ASTM D 92-72 approval of the EPA representative to the file by the EPA, Oil and Special Materials ASTM D 93-72 RRT. -The EPA RRT representative is re­ Control Division, Washington, D.C. 20460, to ASTM D 1310-67 quired to consult with the EPA representa­ provide technical guidance to OSC’s on the 2004.3- 4.9 Pour Point. Use ASTM D 97-66, tive to the NRT on the environmental priori­ acceptable circumstances of use, dosage rates 2004.3- 4.10 Viscosity. Use ASTM D 445-72. ties of the subject incident. The manufac­ and special problems in the use of surface 2004.3- 4.11 Specific gravity. Use ASTM Dturer or supplier of microbiological cultures collecting agent. Any changes in the com­ 1298-67. or enzymes must obtain approval from State position or formulation of the surface col­ 2004.3- 4.12 pH. Use ASTM D 1293-65. and local public health and pollution con­ lecting agent that will affect any of the data 2004.3- 4.13 In terim te s t to distinguish be­trol officials and furnish evidence of such requested in 2004.3 shall be im m ediately tween surface collecting agents and other approval to the EPA RRT representative. brought to the attention of EPA and testing spill cleanup chemicals. 2005.2 Special restrictions on biological of the agent will be repeated prior to the In order to distinguish between surface additive use. use of the revised formulation of the surface collecting agents and other chemical mate­ 2005.2- 1 Microbiological cultures and en­ collecting agent. rials, this interim test procedure was de­ zyme mixtures shall not be considered for 2004.3- 3 EPA will review technical productveloped. This te st procedure is n o t a n effi­ use as biological additives unless technical data for surface collecting agents and will ciency test. This test is to be used only to product data has been provided and ac­ issue approvals for agents meeting certain distinguish between surface collecting agents cepted in accordance with 2005.3. criteria. At present, the only minimum cri­ and dispersants. 2005.2- 2 The OSC must be supplied with terion established is for solubility which is Scope.—1. Procedure to be used to deter­ the chemical composition and ratios of pri­ described in 2004.3-4.13. This criterion classi­ mine the solubility in water under standard mary nutrients for nutrient additives prior fies the substance as a surface collecting conditions of oil spill control chemicals. to seeking approval for their use. agent but is not an indication of the effec­ Method summary.—2. Five (5) milliliters 2005.3 Technical product data for biologi­ tiveness or toxicity of the material. Other of the chemical under test are intimately cal additives. product data such as toxicity, chemical com­ mixed with ninety-five (95) milliliters of 2005.3- 1 Technical product data as out­ ponents, and physical characteristics will be distilled water, allowed to stand undis­ lined in 2005.3-4 on the constituents of a bio­ reviewed and, if the combined effects of this turbed for one hour, and then the volume of logical additive shall be submitted to the data and other factors will result in exces­ the upper phase is determined to the near­ Division of Oil and Special Materials Control sive hazard to the aquatic life, work safety, est 1 milliliter. (WH-448), Environmental Protection or other elements of the environment in the Apparatus.—3. (a) Mixing cylinder, 100 Agency, W ashington, D.C. 20460, a t least 60 Judgment of EPA, EPA may refuse to approve milliliter subdivisions and fitted with glass days prior to the use of the additive. Within the use of the agent. stoppers. 60 days of receipt of the data, EPA will in­ EPA may, from time to time, establish (to) Pipettes: V olum etric pipette, 5.0 m illi­ form in writing the submitter on the ade­ minimum criteria for the data being re­ liter. quacy of th e d a ta provided. quested and may also require additional data (c) Timers. If additional information is requested or to assist in arriving at a judgment on the Procedure.—4. Add 95 m illiliters of dis­ EPA desires to perform tests, the biological environmental acceptability of collecting tilled water at 72 F±5 F to a 100 milliliter additive may not be used until the addi­ agent usage. mixing cylinder. To the surface of the water tional needs have been satisfied and the sub­ To avoid possible misinterpretation and in the mixing cylinder, add 5.0 milliliters of m itter so notified. misrepresentation of the EPA’s role in the the chemical under test. Insert the Stopper 2006.3- 2 Information furnished in ac­ surface collecting agent technical product and invert the cylinder 5 times in 10 sec­ cordance with 2003.3-4 shall be maintained data program, the manufacturer’s represent­ onds. Set upright for one (1) hour at 72 on file by EPA to provide technical guidance atives may use only the EPA letter advising F±5 F and then measure the chemical layer to OSC’s on the acceptable circumstances of compliance with 2004.3-4 in any advertise­ at the surface of the water. The major por­ use and application rates for biological addi­ ments or technical literature on the collect­ tions of the chemical added (75% + ) should tives. Any changes in the composition of the ing agent. The EPA letter must be used in be at the water surface as a separate and biological additive that will affect any of the its entirety. Failure to comply with these easily distinguished layer. data being requested in 2005.3-4 shall be im­ restrictions or any other improper reference 2004.3- 4.14 Surface collecting agent com­mediately brought to the attention of EPA to EPA in attempting to demonstrate EPA ponents. Itemize by chemical name and per­ and testing of the additive will be repeated approval of the surface collecting agent be­ centage by weight of each component of the prior to the use of the revised biological ad­ yond that stated in the letter for use on total formulation. The percentages will in­ ditive. spills of oil or hazardous substances shall clude maximum, minimum and average 2005.3- 3 The acceptance and maintenance constitute grounds few: removing the tech­ weights in order to reflect quality control of product data by EPA does not constitute nical product data from EPA files which variations in manufacture or formulations. approval of the biological additive nor does would preclude use of the surface collecting As least the following major components it imply compliance with any EPA criteria or agent. Shall be identified: minimum standards for such additives. The 2004.3- 4 Required technical product data. (a) Surface active agents. OSC will determine which biological additive 2004.3- 4.1 Name, brand, or trademark, if (b) ¿Solvents. may be used for a spill event on a case-by­ any, under which the surface collecting , - (c) Additives. case basis using all available information in agent is sold. If requested by the submitter, informa­ making such a decision. To avoid possible 2004.3- 4.2 Name, address and téléphonétion for 2004.3~4.14 will be handled as trade misinterpretation and misrepresentation of number of the manufacturer, importer or secrets under provisions of Pub. L. 90-23, EPA’s role in this technical product data pro­ vendor. the Administrative Procedures Act, gram, the manufacturer’s representatives 2004.3- 4.3 Name, address and telephone 2004.3- 4.15 Heavy metals and chlorinatedmay use only the EPA letter advising compli­ number of primary distributers or sales hydrocarbons. ance with 2005.3-4 in any advertisements or outlets. Using reliable analytical chemistry tech­ technical literature on the biological addi­ 2004.3- 4.4 Special handling and workerniques, state the concentrations or upper tive. The EPA letter must be used in Its en­ precautions for storage and field application. limits of the following materials: tirety. Failure to comply with these restric­ Maximum and minimum storage tempera­ Arsenic, cadmium, chronimum, copper, tions or any other improper reference to EPA tures to include optimum ranged as well as lead, mercury, nickel, zinc, plus any other in attempting to demonstrate EPA approval temperatures that will cause phase separa­ metals that may be in the sample. Atomic of the biological additive for use on spills of tion, chemical changes, or otherwise damage absorption methods should be used and the oil or hazardous substances shall constitute effectiveness of the surface collecting agent. detailed analytical methods and sample grounds for removing the technical product 2004.3- 4.5 Shelf life. preparation shall be fully described; data from EPA files which would preclude 2004.3- 4.6 Recommended application pro­ Cyanide using standard colorimetric pro­ use of the biological additive. cedure (s), concentration (s) and conditions cedures; 2005.3- 4 Required technical product data. for use depending upon water salinity, water Chlorinated hydrocarbons. Gas chroma­ 2005.3- 4.1 Name, brand, or trademark, if temperature an

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 RULES AND REGULATIONS 6301

MTftYimum and minimum storage tempera­ 2008.1- 1 All discharges. pollutants. Specifically, if a substance is toxic tures. 2008.1- 1.1 As stated in 2001.3, it is thto e humans, volunteers should not be per­ 2005.3- 4.5 Shelf life. policy of this schedule to advocate the use m itted at on-scene operations. 2005.3- 4.6 Recommended application pro­of mechanical methods and sorbents for 2130.4 Information for and education of cedure^), concentration (s) and conditions removal of oil and hazardous substances volunteer personnel on general contingency for use depending upon water salinity, water spills. The OSC has the authority to use or operations and procedures as well as specific temperature and types and ages of the pollu­ prohibit specific mechanical methods and details of the discharge is mandatory If re­ tan ts. sorbents on a case-by-case basis. The OSC sponse efforts are to be effective and conclu­ 2005.3- 4.7 Statements on the expectedwill select methods and materials that in sive. Regional plans should provide for this effectiveness of the agent including degrada­ his judgment, will be most effective in ex­ volunteer education and training program for tion rates and the test conditions and data peditiously removing the spilled material rapid, on-site use. on effectiveness. and mitigating the related damages, and will 2130.5 During contingency plan opera­ 2005.3- 4.8 For microbiological culturesminimize secondary pollution from the re­ tions, information on the discharge and re­ furnish the following information: moval or mitigation operation. Prior to au­ moval efforts should be provided to volun­ Listing of all microorganisms to species.1 thorizing the use of sorbents, the OSC shall teers frequently tc insure coordinated effort Percentage of each species in the com­ take into consideration hydrographic and and a sense of meaningful participation. position of the additive.1 meteorological conditions as well as the Annex XV— 2500 T echnical I nformation Optimum pH and temperature range for characteristics of the sorbent and the avail­ use of the additive. ability of adequate containment and removal 2501 Technical library. Special nutrient requirements, if any. equipm ent. 2501.1 A technical library of pertinent Separate listing of the following and test 2008.1- 1.2 A technical data program forpollution control technical documents will methods for such determinations: mechanical methods and sorbents will not be maintained in the NRC and in each RRC. Salmonella, fecal coliform, shigella, staph­ be established a t th is tim e. Such information should be useful as ylococcus coagulase positive, and beta hemo­ A n n e x XI—2100 N o n -F ederal I n t e r e s t s reference information to the experienced lytic streptococci. OSC and instructional to less experienced 2005.3- 4.9 For enzyme additives furnish2101 General policy. p erso n n el. the following information: Enzyme name(s). 2101.1 The policy of the Federal govern­ 2502 Specific references. International Union of Biochemistry ment is to initiate discharge removal opera­ (I.U.B.) number(s). * tions when required and action is not being 2502.1 As a minimum, the following refer­ Source of the enzyme. taken by the discharger or other private or ence documents will be maintained in the U nits. pubìic organization. NRC and in each RRC technical library. 2502.1- 1 Current National Oil and Haz­ Specific activity. 2110 Planning and preparedness. Optimum pH and temperature range for ardous Substances Pollution Contingency the use of the agent. 2110.1 The planning and preparedness P la n . 2005.3- 5 Laboratory requirements forfunctions incorporated In regional contin­ 2502.1- 2 Current Regional and State Oil technical product data: Follow stipulations gency plans also apply to non-Federal re­ and Hazardous Substances Pollution Con­ in 2003.3-5. sources. The State and local governments tin g e n c y P lan . and private Interests are to be encouraged to 2502.1- 3 Current Directory of the Amer­ 2006 Burning agent program for spills of participate in Regional planning and ican Council of Independent Laboratories. oil and applicable hazardous substances. preparedness functions. 2502.1- 4 Encyclopedia of Chemical Tech­ 2006.1 Authorization for use of burning 2110.2 State and local government agen­ nology, 22 Vols., Kirkothmer, 2nd edition agents. cies are encouraged to include contingency C1963-1971, John Wiley & Sons, New York, 2006.1- 1 All discharges. The OSC may au­planning for discharge removal in existing New Y ork. thorize the use of burning agents only when and future emergency and disaster planning 2502.1- 5 Chemical Data Guide for Bulk their vise: 2006.1-1.1 will prevent or substan­ activities. States are invited to provide ob­ Shipment by Water (U.S. Coast Guard CG- tially reduce Imminent threats to human servers to the planning activities of the ap­ 388). life o r lim b o r property; propriate RRT. (S 1510.34(c) of the Plan) 2502.1- 6 U.S. Corps of Engineers’ Regula­ 2006.1- 1.2 will result in the least environ­2120 Pollution emergency response opera­ tions ER 500—1—1 and ER 500—1—8 Emergency mental harm when compared to other re­ tions. Employment of Army Resources (Natural moval or disposal methods. Disaster Activities). 2006.1- 1.3 Prior to authorizing use under 2120.1 S tate agencies m ay be reim bursed 2502.1- 7 Federal Disaster Assistance Pro­ 2006.1-2, the OSC must obtain the approval from the fund established by section Sll(k) gram-Handbook for Applicants FDAA of the EPA RRT representative and all ap­ of the Act for reasonable costs Incurred In 3300.1, J u ly 1973. the removal of oil and hazardous substances 2502.1- 8 Federal Disaster Assistance Pro­ plicable State and local public health and discharges from the waters and shorelines pollution control officials. gram—Eligibility Handbook 3300.2, July of the United States. The procedures to be 1973. 2006.2 Special restrictions on burning followed are detailed in section 1905, Annex 2502.1- 9 Federal Disaster Assistance Pro­ agent use. IX of this part. gram—Handbook for State and Federal Of­ 2006.2- 1 The OSC will evaluate the suit­ 2120.2 Regional Contingency Plans should ficials 3000.4, December 1973. ability of burning agents on a case-by-case provide for coordination with local govern­ 2502.1- 10 Handbook of Toxicology (Na­ basis. Burning agents should be inert mate­ ment organizations such as as county and tional Academy of Sciences/National Re­ rials that will not, in themselves, be a water city or town governments. This is especially search Council). pollutant. The addition of oils (such as gas­ Important for purposes of traffic control, land 2502.1- 11 46 CFR-146. Transportation or oline or solvents) as an igniter shall be access and disposal of pollutants removed Storage of Explosives or other Dangerous avoided unless it is necessary under 2006.1-1. In response operations. Articles or Substances, and Combustible 2006.2- 2 A technical data program for2130 Volunteers. Liquids on Board Vessels. burning agents will not be established at this 2502.1- 12 33 CFR, 3, 6, 121, 122, 124-6. tim e. 2130.1 I n m any pollution emergency Security of Vessels and W aterfront Facilities situations in the coastal areas, volunteers (USCG CG 239). 2007 Sinking agent program for spills of oil desiring ¡to assist in mitigating the effects and applicable hazardous substances. 2502.1- 13 33 and 40 CFR parts implement­ of the pollution discharge response effort ing section 311 of the Federal Water Pollu­ 2007.1 A uthorization for use of sinking present themselves at the scene. Regional tion Control Act, as amended. agents. contingency plans should provide for this 2502.2 In addition to the library specified 2007.1—1 All discharges. Sinking agents possibility and through the direct participa­ above, the RRC should have provision, either shall not be applied to discharges of oil or tion of State observers in plan development, in publications or by computer terminal, for hazardous substances on the navigable wa­ Should establish procedures that will result access to the EPA Technical Assistance Data ters of the United States and the contiguous in organized and worthwhile employment of System (TADS) and the USCG Chemical zone. these persons. Hazard Response Information System 213012 Regional plans should provide for (CHRIS)... 2008 Mechanical methods and sorbents pro­ the organization and directing of volunteers gram for spills of oil and hazardous sub­ by USCO, o th er Federal, local or S tate offi­ 2503 Definitions of terms. stances. cials knowledgeable in contingency opera­ 2503.1 API Gravity. An empirical scale 2008.1 A uthorization for use of m echan­ tions and capable of providing mature, re­ for measuring the density of liquid petro­ ical methods and sorbents. sponsive and practical leadership. leum products, the unit being called the 2130.3 Regional plans should also provide "degree API". specific areas in which volunteers should be 2503.2 Ash. Inorganic residue remain­ 1 If requested by the submitter, these items used such as: Beach surveillance, logistical ing after ignition of combustible substances will be handled as trade secrets under pro­ support, bird and other wildlife treatment determined by definite prescribed methods. visions of Pub. L. 90-23, the Administrative and scientific investigations. Normally they 2503.3 Asphalts. Black, solid or semisolid Procedure Act. should not be used for physical removal of bitumens which occur in nature or are ob-

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 6302 RULES AND REGULATIONS t&ined as residues during petroleum refining. 2503.7 B unker "C” Oil. A general term Note: Each one-inch thickness of oil 2503.4 Bilge Oil. Waste oil which ac­ used to indicate a heavy viscous fuel oiL equals 5.61 gallons per square yard or 17,- cumulates, usually in small quantities, in 2503.8 Bunker Fuel. A general term for 378,709 gallons per square mile. the lower spaces in a ship, just inside the heavy oils used as fuel on ships and in in« 2503.26 Outage. Space left in a product shell plating. Usually mixed with larger dustry. It often refers to No. 5 and 6 fuel oils. container to allow for expansion during quantities of water. temperature ohanges it may undergo during 2503.5 Blowout. A sudden violent escape 2503.9 Bunkering. The process of fueling shipment and use. Measurement of space not of gas and oil from an oil well when high a ship. occupied. pressure gas is encountered and preventive 2503.10 Coker Feed (or fu e l). A special 2503.27 pH. Term used to express the ap­ measures have failed. fuel oil used in a coker furnace, one of the parent acidity or alkalinity of aqueous solu­ 2503.6 Boiling Point. The temperature at tions; values below 7 indicate acid solutions which the vapor pressure of a liquid is equal operating elements of a refinery. and values above 7 indicate alkaline to the pressure of the atmosphere. 2503.11 Conversion tables. so lu tio n s. 2503.28 Pour Point. The lowest tempera­ ture at which an oil will flow or can be Multiply by factor below to obtain Knowing Gallon U.S. ------poured under specified conditions of test. Barrel U.S. Gallon imperial Cubic feet Litre 2503.29 Residual oil. A general term used to indicate a heavy viscous fuel oil. 2503.30 Scuppers. Openings around the Gallon (U.S.)...... 1.000 0.023810 a 83268 0.13368 3.7853 Barrel ...... - *42.0^ 1.0000 34.9726 5.6146 158.984 deck of a vessel which allow water falling Gallon (im p .)...... 1.2009 0.02859 1.000 0.1605 4.546 onto the deck to flow overboard. Should be Cubic Feet...... 7.4805 0.1781 6.2288 1.000 28.316 plugged during fuel transfer. Litres „ „ ...... 0.2641 0.00629 0.2199 0.03532 1.000 . 2503.31 Sludge oil. Muddy impurities and Pound Ton (short) Ton (long) Ton (metric) acid which have settled from a mineral oil. 2503.32 Specific gravity. The ratio of the P ounds...... 1.00 0.00050 0.000446 0.00045359 weight of a given volume of the material Ton (Short)...... -...... - *2000.0 1.0000 0.89286 0.90718 Ton (Long)...... • *2240.0 1.120 1.0000 1.0160 at a stated temperature to the weight of an Ton (Metric)______¿ 2204.6 1.1023 0.98421 1.000 equal volume of distilled water at a stated temperature. 2503.33 Spontaneous ignition tempera­ One Hectolitre equals 100 Litre; ( ). The temperature at which an One Ton (Metric) equals 1000 Kilograms. ture S.I.T. Conversions marked (*) are exact by definition. oil ignites of its own accord in the presence of air oxygen under standard conditions. 2503.12 Approximate conversions. 2503.20 Fuel oil grade. Numerical ratings 2503.34 Stoke. The unit of kinematic Barrels ranging from 1 to 6. The lower the grade viscosity. Per Ton number, the thinner the oil is and the more 2503.35 Tonnage. There are various ton­ easily it evaporates. A high number indicates Material (Long) nages applied to merchant ships. The one a relatively thick, heavy oil. No. 1 and No. 2 commonly implied is gross tonnage although crude oils______6.7—8.1 fuel oils are usually used in domestic heaters, in these days tankers and other bulk- aviation gasolines------8 .3 -9 .2 and the others are used by industry and carriers are often referred to in terms of motor gasolines______8.2—9.1 ships. No. 5 and 6 oils are solids which must deadweight. kerosenes ______7.7—8.3 be liquified by heating. Kerosene, coal oil, 2503.35- 1 Gross tonnage. 100 cubic feet gas oils______7.2 -7 .9 and range oil are all No. 1 oil. No. 3 fuel oil of permanently enclosed space is equal to one diesel oils------7.0 -7 .9 is no longer used as a standard term. gross ton—nothing whatever to do with lubricating oils______6.8—7.6 2503.21 Innage. Space occupied in a prod­ weight. This is usually the registered ton­ fuel oils______6.6—7.0 uct container. nage although it may vary somewhat accord­ asphaltic bitumens— ------5 .9 -6 .5 2503.22 In personem. An action in per- ing to the classifying authority or (As a general rule-of-thumb use 6.5 barrels sonem is instituted against an individual, nationality. or 250 gallons per ton of oil.) usually through the personal service of 2503.35- 2 Net tonnage. The earning ca­ 2503.13 Crude oil. Petroleum as it is ex­ process, and may result in the imposition of pacity of a ship. The gross tonnage after tracted from the earth. There may be several a liability directly upon the person of a deduction of certain spaces, such as engine thousands of different substances in crude defendant. and boiler rooms, crew accommodation, oil, some of which evaporate quickly while 2503.23 In rem . An action in rem is one in stores, equipment, etc. Port and harbor dues others persist indefinitely. The physical char­ which the vessel or thing Itself is treated are based on this tonnage. acteristics of crude oils may vary widely. as offender and made defendant without any 2503.35- 3 Displacement tonnage. T h e ac­ Crude oils are o ften identified in trad e Jargon proceeding against the owners or even men­ tual weight in tons, varying according to by their regions of origin. This identification tioning their names. The decree in an action whether a vessel is in light or loaded condi­ may not relate to the apparent physical char­ in rem is enforced directly against the res tion. Warships are always spoken of by this acteristics of the oil. Commercial gasoline, by a Condemnation and sale thereof. kerosene, heating oils, diesel oils, lubricating form of measurement. 2503.24 Load on top. A procedure for bal­ 2503.35- 4 Deadweight tonnage. The actual oils, waxes, and asphalts are all obtained by lasting and cleaning unloaded tankers with­ refining crude oil. weight in tons of cargo, stores, etc., required out discharging oil. Half of the tanks are to bring a vessel down to her load line, from 2503.14 Demulsibility. The resistance of first filled with seawater while the others are an oil to emulsification, or the ability of an cleaned by hosing. Then oil from the cleaned the light condition. Cargo deadweight is, as oil to separate from any water with which it tanks, along with oil which has separated its name Implies, the actual weight in tons Is mixed. The better the demulsibility rating, out in the full tanks, is pumped into a single of the cargo when loaded, as distinct from the «more quickly the oil separates from slop tank. The clean water in the full tanks w ater. stores, ballast, etc. is then discharged while the freshly-cleaned 2503.36 Ullage. The amount by which a 2503.15 D ensity. Density is the term tanks are filled with seawater. Ballast is thus meaning the mass' of a unit volume. Its constantly maintained. tank or vessel lacks being filled. (See also numerical expression varies with the units 2503.25 Oil film s. A slick thinner than O u tage) selected. 2503.37 Viscosity. The property of liquids 2503.16 Em ulsion. A mechanical mixture .0001 inch and may be classified as follows: of two liquids which do not naturally mix as which causes them to resist instantaneous oil and water. Water-in-oil emulsions have Gallons of change of shape, or instantaneous rearrange­ Standard Term Oil Per Appearance the water as the internal phase and oil as the Square m ent of their parts, due to internal friction. external. Oil-in-water emulsions have water Mile .The resistance which the particles of a liquid as the external phase and the internal phase is oil. offer to a force tending to move them in “barely visible”___ 25 barely visible under relation to each other. Viscosity of oils is 2503.17 Fire Point. The lowest tempera­ most favorable light ture at which an oil vaporizes rapidly enough conditions usually expressed as the number of seconds to burn for at least 5 seconds after ignition, "silvery”______50 visible as a silvery at a definite temperature required for a sheen on surface under standard conditions. standard quantity of oil to flow through a 2503.18 Flash Point. The lowest tempera­ water “slightly colored” . . 100 first trace of color may standard apparatus. ture at which an oil gives off sufficient vapor be observed to form a mixture which will ignite, under “brightly colored”.. 200 bright bands of color 2503.38 Viscous. Thick, resistant to flow, standard conditions. are visible having a high viscosity. “dull”...... - 666 colors begin to turn 2503.19 Fraction. Refinery term for a dull brown 2503.39 Volatile. Evaporates easily. product of fractional distillation having a “dark”...... 1332 Much darker brown restricted boiling range. [PR Doc.75-2729 Filed 2-7-75;8:45 am]

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975 MONDAY, FEBRUARY 10, 1975

GENERAL SERVICES ADMINISTRATION

PUBLIC AND PRIVATE HIGHER EDUCATION INSTITUTIONS, HOSPITALS, AND NONPROFIT ORGANIZATIONS

Proposed Uniform Administrative Standards 6304 PROPOSED RULES

GENERAL SERVICES PART 258— UNIFORM ADMINISTRATIVE vide financial assistance and support for ADMINISTRATION STANDARDS FOR AGREEMENTS WITH basic research. The term does not in­ PUBLIC AND PRIVATE INSTITUTIONS clude technical assistance programs [ 34 CFR Part 258 ] OF HIGHER EDUCATION, PUBLIC AND which provide services instead of money UNIFORM ADMINISTRATIVE STANDARDS PRIVATE HOSPITALS, AND OTHER PUB­ or other assistance in the form of general FOR AGREEMENTS WITH PUBLIC AND LIC AND PRIVATE NONPROFIT ORGAN­ revenue sharing, loans, loan guarantees, PRIVATE INSTITUTIONS OF HIGHER IZATIONS or insurance. Also the term does not EDUCATION, PUBLIC AND PRIVATE Sec. apply to direct payments or direct loans HOSPITALS, AND OTHER PUBLIC AND 258.1 Purpose. to individuals. PRIVATE NONPROFIT ORGANIZATIONS 258.2 Effective date. 258.3 Cancellation/recession/supersession. (b) The term “recipient” includes the Notice of Proposed Rulemaking 258.4 Policy intent. following types of organizations which 258.5 Applicability and scope. are receiving Federal funds: This notice offers interested parties 258.6 Definitions. (i) Public and private institutions of an opportunity to comment on a pro­ 258.7 Bequests for exceptions. higher education, posed regulation concerning standard 258.8 Responsibilities. (ii) Public and private hospitals, and administrative requirements for Federal 258.9 Inquiries. (iii) Other public and private non­ grants, contracts, and other agreements A u t h o r i t y : Executive O rder 11717. profit organizations, such as (but not with public and private institutions of limited to) community action agencies, higher education, public and private hos­ § 258.1 Purpose. Head Start agencies, research institutes, pitals, and public and private nonprofit This part promulgates standards for educational associations, and health organizations (hereinafter referred to as obtaining consistency and uniformity centers. recipients). It is issued in accordance among Federal agencies in the admin­ The term does not include foreign or with the provisions of the Federal Prop­ istration of agreements including grants, international organizations (such as erty and Administrative Services Act of contracts, and other agreements as de­ agencies of the United Nations and Gov­ 1949 and Executive Order 11717. fined in § 258.6c with public and private ernment-owned facilities (GOCO) or re­ The proposed regulation is the product institutions of higher education, public search centers providing continuing sup­ of an interagency task force, and its and private hospitals, and other public port for mission-oriented, large scale purpose is to provide one set of require­ and private nonprofit organizations programs which are (usually) Govern­ ments in place of the multitude of vary­ (hereinafter referred to as recipients). ment-owned or controlled, or are de­ ing and often conflicting requirements § 258.2 Effective date. signed as federally-funded research and which have been burdensome to recipi­ development centers. ents. The standards in the appendixes to (c) The term ‘^agreement” means a Generally, the proposed regulation does this part will be applied for grants and cooperative agreement, grant, contract not permit Federal agencies to impose certain other agreements as soon as or other types of instruments used to additional requirements without the ap­ practicable but not later than October 1, reflect a relationship between the Fed­ proval of the General Services Adminis­ 1975. For contracts, the standards will be eral Government and the recipient but tration. However, there may be some published in the Federal Procurement does not include procurements for goods grant recipients which may not have Regulations and Armed Services Pro­ and services which are normally con­ adequate management systems. For these curement Regulations. ducted through solicited competitive bid­ recipients, it may be necessary to estab­ § 258.3 Cancellation / rescission / super- ding or provide for a payment of a fee lish more rigid requirements until the session. or profit to the recipient. management deficiencies are corrected. We invite interested parties to provide This part rescinds and replaces Parts § 258.7 Requests for exceptions. comments as to how these grant recipi­ HI and IV of the Appendix to Part 253. The General Services Administration ents which need help should be identified § 258.4 Policy intent. shall grant deviations from the require­ and to describe what additional require­ The uniform standards and require­ ments of this part when deviations are ments would be needed for these ments included in the appendixes to this permissible under existing laws. However, recipients. part replace the varying and often con­ in the interest of keeping maximum uni­ Interested persons should submit their flicting and burdensome requirements formity, deviations from the require­ comments in duplicate to the General which have been imposed by Federal ments of the part will be permitted only Services Administration (AMF), Wash­ agencies upon recipients as conditions of in exceptional cases. ington, DC 20405. All relevant material agreements with recipients. § 258.8 Responsibilities. should be received on or before March 12, 1975. § 258.5 Applicability and scope. Agencies responsible for administering Except as provided below, the stand­ programs shall issue the appropriate reg­ Note.—The forms mentioned in Appendix ulations necessary to implement the pro­ G are on file with the original document. ards promulgated by this part are ap­ plicable to agreements with recipients, as visions of the part and shall, upon re­ Dated: February 3,1975. defined in § 258.6(b). If the enabling leg­ quest, furnish such regulations or im­ islation for a specific project or program plementing instructions to the Office of R. E. Z echm an, Federal Management Policy (AMF), Associate Administrator. prescribes policies or requirements that differ from the standards provided here­ GSA. They shall also designate an of­ This is a Federal Management Circular ficial to serve as the agency represent­ in, the provisions of the enabling legisla­ requiring all Federal agencies to adopt ative on matters relating to the imple­ tion shall govern. Except as otherwise standard administrative requirements mentation of this part. The name and provided, the provisions of this part shall for certain grants, contracts, and other title of such representative shall be fur­ also supply to all subrecipients perform­ nished to the Office of Federal Manage­ agreements with public and private in­ ing substantive work under the agree­ ment Policy (AMF), GSA, not later than stitutions of higher education, public and ment. 30 days after the date of final publica­ private hospitals, and other public and tion in the F ederal R e g is t e r . § 258.6 Definitions. private nonprofit organizations. Author­ § 258.9 Inquiries. ity for issuance of such standards is pro­ For the purposes of this part: Further information concerning this vided under provisions of Executive Or­ (a) The term “grant” means money or part may be obtained by contacting: der 11717. property provided in lieu of money paid General Services Administration As proposed, 34 CFR Part 258 would or furnished by the Federal Government Office of Federal Management Policy (AMF) read as follows: to recipients under programs that pro­ W ashington, D.C. 20405

FEDERAL REGISTER, VOL. 40, NO. 28— M ONDAY, FEBRUARY 10, 1975 PROPOSED RULES 6305

T able o f C o n t e n t s fo r Ap p e n d ix e s ing to bid guarantees, performance bonds, it determines that the records possess long­ Gash depositories______A and payment bonds unless the construction term retention value. However, in order to Bonding and insurance______B contract or subcontract exceeds $100,000. avoid duplicate record-keeping, a Federal Retention and custodial requirements For these contracts or subcontracts exceed­ sponsoring agency may make arrangements for records______C ing $100,000, the minimum requirements with recipient organizations to retain any Program income___ •______i> shall be as follows : records which are continuously needed for Cost sharing and matching_____ .___ _ E a. A bid guarantee from each bidder jo in t use. Standards for financial management equivalent to five percent of the bid price. 7. The head of the Federal sponsoring systems ______Ú______F The “bid guarantee” shall consist of a firm agency and the Comptroller General of the Financial reporting requirements__ ___ G commitment such as a bid bond, certified United States, or any of their duly au­ Monitoring and reporting program per­ check, or other negotiable instrument ac­ thorized representatives, shall have access form ance ______H companying a bid as assurance that the bid­ to any books, documents, papers, and rec­ Payment requirements______I der will, upon acceptance of his bid, execute ords of the recipient organization and their Revision of financial plans______J such contracturai documents as may be re­ subrecipients to make audits, examinations, Closeout procedures______K quired within the time specified. excerpts and transcripts. Suspension and termination proce­ b. À performance bond on the part of the 8. Unless otherwise required by law, no dures ______L contract or for 100 percent of the contract Federal sponsoring agency shall place Reserved for application forms______M price. A “performance bond” is one executed restrictions on recipient organizations which Property management standards.:______N in connection with a contract to secure ful­ will limit public access to the records of Procurement standards.______O fillment of all the contractor's obligations recipient organizations except when the under such contract. agency can demonstrate that such records Ap p e n d ix c. A payment bond on the part of the con­ must be kept confidential and would have Cash Depositories. 1. This appendix sets tractor for 100 percent of the contract price. been excepted from disclosure pursuant to forth standards governing the use of banks A “payment bond” is one executed in con­ the Freedom of Information Act (5 U.S.C. and other institutions as depositories of nection with a contract to assure payment 552) if the records had belonged to the Fed­ funds advanced under agreements. as required by law of all persons supplying eral sponsoring agency. labor and material in the execution of the 2. Except for situations described in 2., A p p e n d ix D S., and 4., no Federal sponsoring agency shall: work provided for in the contract. (a) Require physical segregation of cash 4. Where the Federal Government guaran­ Program income. I. Federal sponsoring depositories for funds which are provided tees or insures the repayment of money agencies shall apply the standards set forth to a recipient. borrowed by the recipient, the Federal in this appendix in requiring recipient or­ (b) Establish any eligibility requirements agency, at its discretion, may require ade­ ganizations to account for program, income for cash depositories in which funds are quate bonding and insurance if the bonding related to projects financed in whole or in deposited by a recipient. and insurance requirements of the recipient part with Federal funds. Program income is 3. A separate bank account shall be re­ are not deemed adequate to protect tile defined in Appendix G, paragraph 2g. quired when letter-of-credit agreements en­ interest of the Federal Government. 2. Except as provided by the Intergovern­ tered into by the recipient, the Federal Gov­ 5. The Federal sponsoring agency may re­ m ental Cooperation Act of 1968 (Public Law ernment, and the bank involved provide that quire adequate fidelity bond coverage where 90-577), for recipient organizations which drawdowns will be made when the recipient's the recipient has no coverage and the bond are agencies or instrumentalities of a State, checks are presented to the bank for pay­ is needed to protect the Government’s'in­ interest earned by a recipient organization m ent. terest. on advances of Federal funds shall be re­ 4. When no other method is feasible for 6. Where bonds are required in the situa­ mitted to the Federal agency. providing thé security required by Federal tions described above, the bonds shall be 3. Proceeds from the sale of real and per­ procurement statutes on advance payments obtained from companies holding certificates sonal property either provided by the Fed­ under a contract, a special bank account of authority as acceptable sureties (31 CFR eral Government or purchased in whole or in with a lien in favor of the Government shall P art 223). part with Federal funds, shall be handled be required. Ap p e n d ix C in accordance with Appendix N to this part 5. Any moneys advanced to a recipient Retention and custodial requirements for pertaining to property management. which are subject to the control or regula­ records. 1. This appendix sets forth record 4. Royalties received as a result of copy­ tion of the United States or any of its retention requirements for agreements with rights or patents will normally be retained officers, agents or employees (public moneys recipients. Federal sponsoring agencies shall by the recipient unless the terms of the as defined in Treasury Circular No. 176) must not impose any other record retention re­ agreement provide otherwise. be deposited in a bank with Federal Deposit quirements upon recipients other than those 5. All other program income earned during Insurance Corporation (FDIC) insurance described below. the project period shall be retained by the coverage and the balance exceeding the FDIC 2. Financial records, supporting docu­ recipient and, in accordance with the agree­ coverage must be collaterally secured. ments, statistical records, and all other rec­ ment, shall be: 6. Consistent with the national goal of ords pertinent to an agreement shall be a. Added to funds committed to the proj­ expanding the opportunities for minority retained for a period of three years, with the ect by the Federal sponsoring agency and business enterprises, recipients shall be en­ following qualifications: recipient organization and be used to further couraged to use minority banks (a bank at a. The reoords shall be retained beyond eligible program objectives, or least 50 per cent of which is owned by th e 8-year period if any audit findings, liti­ b. Deducted from the total project costs minority group members). gations or claims involving the records have in determining the net costs on which the Federal share of costs will be based. Ap p e n d ix B n o t been resolved. b. Records for nonexpendable property Ap p e n d ix E Bonding and insurance. 1. This appendix which was acuired with Federal funds sets forth bonding and Insurance require­ shall be retained for 3 years after its final Cost sharing and matching. 1. T his ap­ ments for agreements with recipients. No disposition. pendix sets forth criteria and procedures for other bonding and insurance requirements c. When records are transferred to or the allowability of cash and in-kind con­ shall be imposed other than those normally maintained by the Federal sponsoring tributions made by recipients or third required by the recipient. agency, the 3-year retention requirement is parties in satisfying cost sharing and match­ 2. The Federal sponsoring agencies may not applicable to the recipient. ing requirements of Federal sponsoring Impose special requirements for liability in­ 3. The retention period for agreements, agencies. This appendix also establishes surance for cost reimbursement contracts other than contracts, starts from the date criteria for the evaluation of in-kind con­ for supplies and services (including con­ of the submission of the final expenditure tributions made by third parties, and sup­ struction) and tor awards in which the Gov­ report or, for agreements which are re­ plements the guidance found in FMC 73-3 ernment obligates itself to indemnify the re­ newed annually, from the date of the sub-, (34 CFR Part 211) with respect to cost cipient for liabilities to third persons for mission of the annual expenditure report. sharing on federally-sponsored research. 1m s of or damage to property, or for death 4. The retention period for contracts starts 2. The following definitions apply for the or bodily injury, not compensated by insur­ from the date of final payment. purpose of this appendix: ance or otherwise, arising out of perform­ 5. Recipient organizations should be au­ a. Project costs. Project costs are all allow­ ance under the contract. thorized by the Federal sponsoring agency, if able costs incurred by a recipient (as set 3. Except as otherwise required by law, they so desire, to substitute microfilm copies forth in the applicable Federal cost princi­ an agreement which requires the contracting in lieu of original records. ples) and the value of in-kind contributions (or subcontracting) for construction or fa­ 6. The Federal sponsoring agency shall re­ made by third parties In accomplishing the cility improvement shall provide for the re-* quest transfer of certain records to its objectives of the agreement during the proj­ clpient to follow its own requirements relat­ custody from recipient organizations when ect or program period.

FEDERAL REGISTER, VOL. 40, NO. 28— -MONDAY, FEBRUARY 10, 1975 6306 PROPOSED RULES

b. Cost sharing and matching. In general, fringe benefits and overhead cost) provided a. Accurate, current and complete dis­ cost sharing and matching respresent these services are in the same skill for which closure of the financial results of each fed­ that portion of project or program costs not the employee is normally paid. erally sponsored project or program in ac­ borne by the Federal Government. b. Valuation of donated expendable per­ cordance with the reporting requirements c. Cash contributions. Cash contributions sonal property. Donated expendable personal set forth in appendix G to this part. When represent the recipient's cash outlay, in­ property includes such items as expendable a Federal sponsoring agency requires report­ cluding the outlay of money contributed to equipment, office supplies, laboratory sup­ ing on an accural basis, the recipient shall the recipient by non-Federal third parties. plies or workshop and classroom supplies. not be required to establish an accrual ac­ d. In-lcind contributions. In-kind contri­ Value assessed to expendable personal prop­ counting system (except to the extent pre­ butions represent the value of noncash con­ erty included in the cost or matching share scribed by the Cost Accounting Standards tributions provided by the recipient and Should be reasonable and should not exceed Board for awards subject to the Board’s re­ non-Federal third parties. Only when au­ the market value of the property at the quirements) , but should develop its reports thorized by Federal legislation, may prop­ tim e of th e donation. on the basis of best estimates through an erty purchased with Federal funds be con­ c. Valuation of donated, nonexpendable analysis of the documentation oh hand. sidered as the recipient’s in-kind contribu­ personal property, buildings and land or use b. Records which identify adequately the tions. In-kind contributions may be in the thereof. (1) The method used for charging source and application of funds for federally form of real property and non-expendable cost sharing or matching for donated nonex­ sponsored activities. These records shall con­ personal property, and the value of goods pendable personal property, buildings, and tain information pertaining. to Federal and services directly benefiting and specifi­ land may differ according to the purpose of awards, authorizations, obligations, unobli­ cally identifiable to the project or program. the grant or contract as follows: 3. General guidelines for computing cost gated balances, assets, outlays, and income. sharing or matching are as follows: ' (a) If the purpose of the agreement is c. Effective control over and accountability a. Cost sharing or matching may consist to assist the recipient in the acquisition of for all funds, property, and other assets. Re­ of: equipment, buildings, or land, the total value cipients shall adequately safeguard all such (1) Charges incurred by the recipient as of the donated property may be claimed as assets and shall assure that they are used project costs. (Not all charges require cash cost sharing or matching. solely for authorized purposes. outlays by the recipient during the project (b) If the purpose of the agreement is d. Comparison of actual outlays with period; examples are depreciation and use to support activities that require the use budget amounts for each agreement. When­ charges for buildings and equipment.) of equipment, buildings or land on a tem­ ever appropriate or required by the Federal (2) Project costs financed with cash con­ porary or part-time basis, depreciation or sponsoring agency, financial information tributed or donated to the recipient by other use charges for equipment and buildings should be related to performance and unit public agencies and institutions, and pri­ may be made. The full value of equipment cost data. vate organizations and individuals, and or other capital assets and fair rental charges e. Procedures to minimize the time elaps­ (3) Project costs represented by services for land may be allowed provided that the ing between the transfer of funds from the and real and personal property, or use there­ Federal agency has approved the charges. U.S. Treasury and the disbursement by the of, donated by other public agencies and in­ (2) The value of donated property will berecipient, whenever funds are advanced by stitutions, and private organizations and determined in accordance with the usual the Federal Government. When advances are individuals. accounting policies of the recipient with the made by a letter-of-credit method, the re­ b. All contributions, both cash and in- following qualifications: cipient shall make drawdowns from the U.S. kind, shall be accepted as part of the recipi­ (a) Land and buildings. The value of Treasury through his commerical bank as ent’s cost sharing or matching when such donated land and buildings may not ex­ close as possible to the time of making contributions meet all the following criteria: ceed its fair market value, at the time of disbursements. (1) Are verifiable from the recipient’s rec­ donation, as established by an independent f. Procedures for determining the allow­ ords; appraiser (e.g., certified real property ap­ ability and allocability of costs in accord­ (2) Are not included as contributions for praiser or GSA representatives) and certified ance with the provisions of the applicable any other federally assisted program; by a responsible official of the recipient. Federal cost principles and the terms of the (3) Are necessary and reasonable for (b) Nonexpendable personal property. The agreem ent. proper and efficient acomplishhient of project value of donated nonexpendable personal g. Accounting records which are supported objectives; property shall not exceed the fair market by source documentation. (4) Are types of charges which would be value of equipment and property of the same h. Examinations in the form of audits or allowable under the applicable cost prin­ age and condition at the time of donation. internal audits, of the recipient’s financial ciples; (c) Use of space. The value of donated transactions made by individuals who are (5) Are not paid by the Federal Govern­ space shall not exceed Idle fair rental value sufficiently independent of those who au­ ment directly or indirectly under another of comparable space as established by an thorize the expenditure of Federal funds, to agreement (unless the agreement is author­ independent appraiser of comparable space produce unbiased opinions, conclusions or ized by Federal law to be used for cost shar­ and facilities in a privately-owned building judgments. These examinations are intended ing or matching); and in th e sam e locality. to ascertain the effectiveness of the financial (6) Conform to other provisions of this (d) Loaned equipment. The value of management systems and internal procedures appendix. loaned equipment shall not exceed its fair that have been established to meet the terms 4. Values for recipient in-kind contribu­ rental value. and conditions of the agreement. It is not tions will be established in accordance with 6. The following requirements pertain tointended that each agreement awarded to the the applicable cost principles. the recipient’s supporting records for in-kind institution be examined. Generally, examina­ 5. Specific procedures for the recipients in contributions from non-Federal third parties. tions should be conducted on an organiza­ establishing the value of in-kind contribu­ a. Volunteer services must be docu­ tionwide basis to test the fiscal integrity tions from non-Federal third parties are set mented and, to the extent feasible, supported of financial transactions, as well as com­ fo rth below: by the same methods used by the recipient pliance with the terms and conditions of the for its employees. Federal agreements. Such tests would in­ a. Valuation of volunteer services. Volun­ clude an appropriate sampling of Federal teer services may be furnished by profes­ b. The basis for determining the valua­ tion for personal services, material, equip­ agreements. Examinations will be conducted sional and technical personnel, consultants, with reasonable frequency, on a continuing and other skilled and unskilled labor. Vol­ ment, buildings, and land must be unteer service may be counted as cost shar­ documented. basis or at scheduled intervals, usually an­ ing or matching if the service is an integral nually, but not less frequently than every Ap p e n d ix F and necessary part of an approved program. two years. The frequency of these examina­ (1) Rates for volunteer services. Rates for Standards for financial management sys­ tions shall depend upon the nature, size, and volunteers should be consistent with those tem s. 1. This appendix prescribes standards the complexity of the activity. paid for similar work in the recipient’s or­ for financial management systems of recip­ ganization. In those instances in which the ients. Federal sponsoring agencies shall not i. A systematic method to assure timely required skills are not found in the recipient Impose additional standards on recipients un­ and appropriate resolution of audit findings organization, rates should be consistent with less specifically provided for in the applicable and recommendations. those paid for similar work in the labor mar­ statutes or other attachments to this part. 3. Primary recipients shall require second­ ket in which the recipient competes for the However, Federal sponsoring agencies are en­ ary recipients (recipients of grants and cost kind of services involved. couraged to make suggestions and assist re­ cipients in establishing or improving fi­ type contracts which are passed through or' (2) Volunteers employed by other or­ awarded by the primary recipient) to adopt ganizations. When an employer other than nancial management systems when such as­ the recipient furnishes the services of an em­ sistance is needed or requested, the standards in paragraph 2, above, except ployee, these services shall be valued at the 2. Recipients’ financial management sys­for the requirement in paragraph 2.e. re­ employee’s regular rate of pay (exclusive of tems shall provide for; garding the use of letter-of-credit method.

FEDERAL REGISTER, VOL. 40, NO. 2R—MONDAY, FEBRUARY 10, 1975 PROPOSED RULES 6307

A p p e n d ix G by the Federal sponsoring agency which has by the recipients to reduce the excess not been obligated by the recipient and is Financial reporting requirements. 1. This balances. appendix prescribes uniform reporting pro­ determined by deducting the cumulative (4) Recipients shall be required to submit cedures for recipients to summarize expendi­ obligations from the cumulative funds not more than the original and two copies of tures made and Federal funds unexpended authorized. the Report of Federal Cash Transactions 15 for each award; report the status of Federal i. Unliquidated obligations. For reportsworking days following the end of each cash advanced; request advances and reim­ prepared on a cash basis, unliquidated obli­ quarter. The Federal sponsoring agencies bursement when the letter-of-credit method gations represent the amount of obligations may require a monthly report from those is not used; and promulgates standard forms incurred by the recipient which have not recipients receiving advances totaling $1 incident thereto. been paid. For reports prepared on an se­ million or more per year. 2. The following definitions apply for pur­cured expenditure basis, they represent the (5) Federal sponsoring agencies may waive poses of this appendix. amount of obligations incurred by the the requirement for submission of the Re­ a. Accrued expenditures. Accrued expendi­ recipient for which an outlay has not been port of Federal Gash Transactions when tures are the charges incurred by the recipi­ recorded. monthly advances do not exceed $10,000 per ent during a given period requiring the pro­ 3. Only the following forms will be au­recipient, provided that such advances are vision of funds for: (1) goods and other tan­ thorized for obtaining financial information monitored through other forms contained gible property received; (2) services per­ from recipients. The forms mentioned below in this appendix, or the recipient’s account­ formed by employees, contractors, subrecipi­ are filed as part of the original document. ing controls are adequate to minimize ex­ ents, and other payees, and (3) other a. Financial Status Report (Exhibit 1) (1)cessive Federal advances. amounts becoming owed under programs Each Federal sponsoring agency shall require 4. Except as noted below, only the follow­ for which no current services or performance recipients to use the standardized Financial ing forms will be authorized for the recipi­ are required. Status Report to report the status of funds ents in requesting advances and reimburse­ b. Accrued income. Accrued income is the for all nonconstruction, projects or programs. m ents. earnings during a given period which are a The Federal sponsoring agencies may, how­ a. Request for Advance or Reimbursement source of funds resulting from (1) services ever, have the option of not requiring the (Exhibit 3). (1) Each Federal sponsoring performed by the recipient; (2) goods and Financial Status Report when the Request agency shall adopt the Request for Advance other tangible property delivered to pur­ for Advance or Reimbursement (paragraph or Reimbursement as a standardized form for chasers; and (3) amounts becoming owed to 4a.) or Report of Federal Cash Transactions all nonconstruction programs when letters the recipient for which no current services (paragraph 3b.) is determined to provide of credit or predetermined advance methods or performance are required by the recipient. adequate information to meet their needs, are not used. Federal sponsoring agencies, c. Federal funds authorized. Federal funds except that a final Financial Status Report however, have the option of using this form authorized represent the total amount of shall be required at the completion of the for construction programs in lieu of the Federal funds authorized for obligation by project when the Request for Advance or Outlay Report and Request for Reimburse­ H the recipient. This amount may include any Reimbursement form is used only for ment for Construction Programs (paragraph authorized carryover of unobligated funds advances. 5b.). from prim: fiscal years. (2) The Federal sponsoring agency shall (2) Recipients shall be authorized to sub­ d. In-kind contributions. In-kind contri­ prescribe whether the report shall be on a mit requests for advances and reimburse­ butions represent the value of noncash con­ cash or accrual basis. If the Federal sponsor­ ment at least monthly when letters of credit tributions provided by the recipient and non- ing agency requires accrual information and are not used. Federal sponsoring agencies Federal third parties. Only when authorized the recipient’s accounting records are not shall not require the submission of more by Federal legislation may property pur« normally kept on the accrual basis, the re­ than the original and two copies of the chased with Federal funds be considered as cipient shall not be required to convert his Request for Advance or Reimbursement. the recipient’s in-kind contributions. In-kind accounting system, but should develop such b. Outlay Report and Request for Reim­ contributions may be in the form of charges information through best estimates based bursement for Construction Programs (Ex­ for real property and nonexpendable personal on a n analysis of th e docum entation on hand. h ib it 4). (1) Each Federal sponsoring agency property, and value of goods and services (3) The Federal sponsoring agency shall shall adopt the Outlay Report and Request directly benefiting and specifically identifi­ determine the frequency of the Financial for Reimbursement for Construction Pro­ able to the project or program. Status Report for each project or program grams as the standardized format to be e. Obligations. Obligations are the amounts considering the size and complexity of the used for requesting reimbursement for con­ of orders placed, contracts and grants particular project or program. However, the struction programs. The Federal sponsoring awarded, services received, and similar trans­ report shall not be required more frequently agencies may, however, have the option of actions during a given period, which will than quarterly or less frequently than annu­ substituting the Request for Advance or require payment during the same or a future ally. When necessary to meet program needs, Reimbursement Form (paragraph 4a.) when period. monthly reports may be authorized if ap­ the Federal agencies determine that it pro­ f. O utlays. Outlays or expenditures repre­ proved by the General Services Administra­ vides adequate information to meet their sent charges made to the project or program. tion. A final report shall be required at the needs. They may be reported on a cash or accrual completion of the agreement. (2) Recipients shall be authorized to sub­ basis. For reports which are prepared on a (4) Federal sponsoring agencies shall re­ mit requests for reimbursement at least cash basis, outlays are the sum of actual quire recipients to submit the Financial monthly when letters of credit are not used; cash disbursements for direct charges for Status Report (original and no more than Federal sponsoring agencies shall not re­ goods and services, the amount of indirect two copies) no later than 30 days after the quire more than the original and two oopies expense charged, the value of in-kind contri­ end of each specified reporting period for of the Outlay Report and Request for Re­ butions applied, and the amount of cash quarterly and semi-annual reports, and 90 imbursement for Construction Programs. advances and payments made to subrecipi­ days for annual and final reports. Extensions 5. When the Federal sponsoring agencies ents. For reports prepared on an accrual to reporting due dates may be granted upon need additional information in using these basis, outlays are the sum of actual cash forms, the following shall be observed : ’ disbursements for direct charges for goods request of the recipient. and services, the amount of indirect expense b. Report of Federal Cash Transactions a. When necessary to comply with legisla­ incurred, the value of in-kind contributions (E xhibit 2). tive requirements, Federal sponsoring agen­ applied, and the net increase (or decrease) in (1) When funds are advanced to recipients cies shall issue instructions to require recipi­ the amounts owed by the recipient for goods through letters of credit or with Treasury ents to submit such information under the and other property received, for services per­ checks, the Federal sponsoring agencies shall “Remarks” section of the reports. formed by employees, contractors, subrecipi­ require each recipient to submit a Report of b. When necessary to meet specific pro­ ents and other payees and other amounts Federal Gash Transactions. The Federal gram needs, Federal sponsoring agencies becoming owed under programs for which sponsoring agency shall use this report to shall submit the proposed reporting require­ no current services or performances are monitor cash advanced to recipients and to ments to the General Services Administra­ required. obtain disbursement information for each tion for approval under the exception pro­ g. Program income. Program income repre­ agreem ent from th e recipients. vision of this part. sents earnings by the recipient realized from (2) Federal sponsoring agencies may re­ c. . When a Federal sponsoring agency has the federally supported activities. Such earn­ quire forecasts of Federal cash requirements determined that a nonprofit organization’s ings exclude Interest income and may in­ in th e “Rem arks” section of th e report. accounting system does not meet the Stand­ clude, but will not be limited to, Income (3) When practical and deemed necessary, ards for Financial Management contained in from service fees, sale of commodities, usage the Federal, sponsoring agencies may require appendix F to this part, additional infor­ or rental fees, and royalties on patents and recipients to report in the “Remarks” section mation to further monitor agreements may copyrights. Program income can be reported the amount of cash advances in excess of be obtained until such time as the system on a cash o r accrued incom e basis. three days’ requirements in the hands of is brought up to standard. h . Unobligated balance» The unobligated subgrantees or subcontractors and to provide d. The Federal sponsoring agency, in ob­ balance Is the portion of the funds authorized short narrative explanations of actions taken taining information as in paragraphs a. and

FEDERAL REGISTER, VOL. 40, NO. 28—MONDAY, FEBRUARY 10, 1975 6308 PROPOSED RULES

b. above, must also comply with report clear­ year basis but it is necessary to get annual agency the willingness and ability to estab­ ance requirements of the Office of Manage­ progress reports on a calendar year basis. lish procedures that will minimize the time ment and Budget Circular No. A-40, as 5. Between the required performance re­ elapsing between the transfer of funds and revised. porting dates, events may occur which have their disbursement by the recèlent. 6. Federal sponsoring agencies have the significant Impact upon the project or pro­ c. If the recipient’s financial management option of shading out any line item on any gram. In such instances, the recipient shall system meets the standards for fund control report that is unnecessary for decisionmak­ inform the Federal sponsoring agency as and accountability prescribed in Appendix ing purposes. soon as the following types of conditions F to this part, “Standards for Financial 7. Federal sponsoring agencies should ac­ become known: Management Systems.’’ cept the identical information from the a. Problems, delays, or adverse conditions 4. The method of advancing funds by recipients in machine usable format or com­ which will materially affect the ability to Treasury check shall be used, in accordance puter printouts in lieu of prescribed formats. attain program objectives, prevent the meet­ with the provisions of Treasury Circular No. 8. Federal sponsoring agencies may pro­ ing of time schedules and goals, or preclude 1075, when the recipient meets all of the vide computer outputs to recipients when the attainment of project work units by es­ requirements specified in paragraph 3, above,, it will expedite or contribute to the accuracy tablished time periods. This disclosure shall except those in subparagraph 3a. of reporting. be accompanied by a statement of the action 5. The reimbursement by Treasury check 9. Federal sponsoring agencies are author­ taken, or contemplated, and any Federal as­ method shall be the preferred method if ized to reproduce these forms. The forms for sistance needed to resolve the situation. the recipient does not meet the requirements reproduction purposes can be obtained from b. Favorable developments or events that specified in either or both of subparagraphs the General Services Administration. enable time schedules to be met sooner than 3b. and 3c. At the option of the Federal spon­ anticipated or more work units to be pro­ soring agency, this method may also be used A p p e n d ix H duced than originally projected. on any construction agreement, or if the M o n it o r in g an d R e po r t in g P rogram 6. If any performance review conducted by major portion of the program is accom­ P e r fo r m a n c e the recipent disclosures the need for change plished through private market financing or in the budget estimates in accordance with Federal loans, and the Federal assistance 1. This appendix sets forth the procedures the criteria established in Appendix J to constitutes a minor portion of the program. for monitoring and reporting program per­ When the reimbursement method is used, form ance of recipients. this circular, the recipient shall submit a request for budget revision. the Federal sponsoring agency shall make 2. Recipients shall monitor the perform­ 7. The Federal sponsoring agency shall payment within thirty days after receipt of ance under agreements and, where appro­ make site visits as frequently as practicable the billing, unless the billing is improper. priate, ensure that time schedules are being to : 6. When the letter-of-credit procedure is met, projected work units by time periods are a. Review program accomplishments and used, the recipient shall be issued one con­ being accomplished, and other performance management control systems, and solidated letter of credit whenever possible goals are being achieved. This review shall b. Provide such technical assistance as to cover anticipated cash needs for all grants be made for each program, function, or ac­ m ay be required. and other agréments awarded by the spon­ tivity of each agreement as set forth in the soring agency. Likewise, to the extent possi­ approved application or award document. A p p e n d ix I ble, when the advance by Treasury check 3. Recipients shall submit a performance Payment requirements. 1. This appendix method is used, advances should be con­ report (technical report) for each agree­ establishes the required methods of making solidated (pooled) for all grants and other ment that briefly presents the following in­ payments to recipients. These methods will agreements made by the sponsoring ageney formation for each program, function, or minimize the time elapsing between the dis­ to that recipient. activity involved as prescribed by the Federal bursement by these recipients and the trans­ 7. The preferred form of security for ad­ sponsoring agency: fer of funds from the United States Treas­ vance payments under contracts shall be a a. A comparison of actual accomplish­ ury to these recipients whether such dis­ paramount lien in favor of the Government ments with the goals established for the bursement occurs prior to or subsequent to upon personal property acquired for or al­ period, tiie findings of the investigator, or th e tran sfer of funds. located to contract performance. both. If the output of programs or projects 2. Payments can be made to recipients 8. Unless otherwise required by law, Fed­ can be readily quantified, such quantitative through a letter of credit, an advance by eral sponsoring agencies shall not withhold data should be related to cost data for com­ Treasury check, or a reimbursement by Treas­ payments for proper charges made by re­ putation of unit costs. ury check. The following definitions apply for cipients at any time during the project or b. Reasons why established goals were not th e purpose of th is appendix: program period unless (a) a recipient has m et. failed to comply with the program objectives, a. Letter of credit. A letter of credit is an award conditions, or Federal reporting re­ c. Other pertinent information including, instrument certified by an authorized official quirements; or (b) the recipient is indebted when appropriate, analysis and explanation of a Federal sponsoring agency which au­ to the United States, and collection of the of cost overruns or high unit costs. thorizes a recipient to draw funds when indebtedness will not impair accomplish­ 4. Except as provided in a. and b. below, needed from the Treasury, through a Federal ment of the objectives of a project or pro­ recipients shall submit the performance or Reserve bank and the recipient's commer­ gram sponsored by the United States. technical reports to Federal sponsoring cial bank, in accordance with the provisions Under such conditions, the sponsoring agencies with the Financial Status Reports of Treasury Circular No. 1075, as revised. agency may, upon reasonable notice, inform in the frequency established by Appendix G b. Advance by Treasury check. An advance the recipient that payments will not be made of this part and, where appropriate, a final by Treasury check is a payment made by a for obligations incurred after a specified date technical or performance report after com­ Treasury check to a recipient upon its re­ until the conditions are corrected or the in­ pletion of the project on a date specified by quest before outlays are made by the recip­ debtedness to the Federal Government is the Federal sponsoring agency. The Federal ient, or through the use of predetermined liquidated. sponsoring agency shall prescribe the fre­ paym ent schedules. A p p e n d ix J quency with which the performance reports c. Reimbursement by Treasury check. A Revision of financial plans. 1. T his appen­ will be submitted with the request for reimbursement by Treasury check is a Treas­ advance or reimbursement when that form dix sets forth criteria and procedures to be ury check paid to a recipient upon request followed by Federal sponsoring agencies in is used in lieu of the Financial Status Re­ for reim bursem ent from th e recipient. port. Except as provided for in paragraph 5. requiring recipients to report deviations 3. Except for construction grants and from financial plans and to request approvals below, performance reports shall not be re­ other construction agreements for which op­ for financial plan revisions. quired more frequently than quarterly or tional payment methods are authorized, as 2. The financial plan is the financial ex­ less frequently than annually. Federal spon­ described in paragraph 5, the letter-of-credit pression of the project or program as ap­ soring agencies may waive the requirement method shall be used by Federal sponsoring proved during the application and/or award for recipients to submit performance reports agencies if all of the following conditions process. It may include both the Federal and with the financial reports under the follow­ exist: non-Federal share or only the Federal share, ing circumstances : a. If there is or will be a continuing rela­ depending upon sponsoring agency require­ a. When the recipient is required to sub­ tionship between a recipient and a Federal ments. It should be related to performance mit a performance report with a continua­ sponsoring agency for at least a 12-m onth for program evaluation purposes whenever tion or renewal application. period and the total amount of advance appropriate and required by the Federal b. When the Federal sponsoring agency payments expected to be received within sponsoring agency. determines that on-site technical inspec­ that period from the Federal sponsoring 3. For nonconstruction awards, recipients tions and certified completion data will be agency is 8250,000 or more, as prescribed by shall request prior approvals promptly from sufficient to evaluate construction projects. T reasury C ircular No. 1075. Federal sponsoring agencies whenever devia­ c. When the Federal sponsoring agency re­ b. If the recipient has established or tions from approved financial plans are neces­ quests annual financial reports on a fiscal demonstrated to the Federal sponsoring sary for the following reasons:

FEDERAL REGISTER, VOL 40, NO. 28—MONDAY, FEBRUARY 10, 1975 PROPOSED RULES €309

a. The revision results from changes in the Ap p e n d ix E the agreement and conditions or standards. scope or the objective of the project or pro­ Closeout procedures. 1. T his appendix pre­ When that occurs, the Federal sponsoring gram. scribes uniform closeout procedures for Fed­ agency may, on reasonable notice to the re­ b. The revision indicates the need for addi­ eral agreements with recipients. cipient, suspend the agreement, and with­ tional Federal funding. 2. The following definitions shall apply for hold further payments, or prohibit the recip­ c. The revision involves the transfer of the purpose of this attachment: ient from incurring additional obligations of amounts budgeted for indirect costs to absorb a. Closeout. The closeout of an agreement funds, pending corrective action by the re­ increases in direct costs or vice versa, if ap­ is the process by which a Federal sponsoring cipient or a decision to terminate in accord­ proval is required by the Federal sponsoring agency determines that all applicable admin­ ance with paragraph 4. The Federal sponsor­ agency. istrative actions and all required work of the ing agency shall allow all necessary and d. The revisions pertain to expenditures agreement have been completed by the re­ proper costs which the recipient could not which require approval in accordance with cipient and the Federal sponsoring agency. reasonbaly avoid during the period of sus­ FMC 73-8 {34 CFR Part 254) (Cost Principles b. Date of completion. The date of com­ pension provided that they meet the provi­ for Educational Institutions). No other re­ pletion means when all work under an agree­ sions of the applicable Federal cost prin­ quirements for specific items may be imposed ment is completed or the date in the award ciples. unless a deviation has been approved by the document, or any supplement or amendment 4. Federal sponsoring agencies shall pro­ General Services Administration. thereto, on which Federal sponsorship ends. vide for the systematic settlement of ter­ 'e. When recipients plan to transfer funds c. Disallowed costs. Disallowed costs are minated agreements including the following : allotted for training allowances (direct pay­ those charges to an agreement which the a. Termination for cause. The Federal ments to trainees) to other categories of Federal sponsoring agency or its representa­ sponsoring agency may reserve the right to expense. tive determines to be unallowable, in accord­ terminate any agreement in whole or in part 4. The Federal sponsoring agency may also, ance with the applicable Federal cost princi­ at any time before the date of completion, at its option, restrict transfers of funds ples or other conditions contained in the whenever it is determined that the recipient among direct cost categories for awards in agreements. has failed to comply with the conditions of w hich th e Federal share exceeds $100,000 3. All Federal sponsoring agencies shall es­ the agreement. The Federal sponsoring when the cumulative amount of such trans­ tablish closeout procedures which include agency shall promptly notify the recipient in fers exceeds or is expected to exceed 5 per­ the following requirements: writing of the determination and the rea­ cent of the total budget. The same criteria a. Upon request, the Federal sponsoring sons for the termination, together with the shall apply to the cumulative amount of agency shall make prompt payments to a effective date. Payments made to recipients transfers among programs, functions, and recipient for allowable reimbursable costs or recoveries by the Federal sponsoring agen­ activities when budgeted separately for an under the agreement being closed out. cies under agreements terminated for cause award, except that the Federal sponsoring b. The recipient shall immediately refund shall be in accordance with the legal rights agency shall permit no transfer which would any balance of unencumbered cash which and liabilities of the parties. cause any Federal appropriation, or part the Federal sponsoring agency has advanced b. Termination for convenience. (1) Grants thereof, to be used for purposes other than or paid and which is not authorized to be and other cooperative agreements. T he spon­ those intended. retained by the recipient for use in other soring agency or recipient may terminate 5. All other changes to nonconstruction agreements. grants and other cooperative agreements in budgets, except for the changes described in c. Tiie Federal sponsoring agency shall ob­ whole or in part when both parties agree paragraph 7., do not require approval. This tain from the recipient within 90 calendar that the continuation of the project would includes the use of recipient funds in fur­ days after the date of completion of the not produce beneficial results commensurate therance of program objectives over and agreement all financial, performance, and with the further expenditure of funds. The above the recipient minimum share included other reports required as the condition of the two parties shall agree, upon the termination in the approved budget. agreement. The agency may grant extensions conditions, including the effective date and, 6. For construction awards, recipients shall w hen requested by th e recipient. in the case of partial terminations, the por­ request prior approvals promptly from Fed­ d. When authorized by the agreement, the tion to be terminated. The recipient shall eral sponsoring agencies for budget revisions Federal sponsoring agency shall make a set­ not incur new obligations for the terminated wherever: tlement for any upward or downward ad­ portion after the effective date, and shall a. The revision results from changes in justments to the Federal share of costs after cancel as many outstanding obligations as the scope or the objective of the project or these reports are received. possible. The Federal sponsoring agency shall program, and e. The recipient shall acount for any prop­ allow full credit to the recipient for the b. The revision increases the budget erty acquired with Federal funds, or received Federal share of the noncancellable obliga­ amounts of Federal funds needed to complete from the Government in accordance with tions, properly incurred by the recipient the project. the provisions of Appendix N to this part, prior to termination. 7. When a Federal sponsoring agency Property Management Standards. (2) Contracts. The Federal contracting makes an award which provides support for f. In the event a final audit is required agency may terminate contracts, in whole, both construction and nonconstruction work, and has not been performed prior to the or in part, whenever for any reason the con­ the Federal sponsoring agency may require closeout of the agreement, the Federal spon­ tracting officer shall determine that such the recipient to request prior approval from soring agency shall retain the right to re­ termination is in the best interest of the the Federal sponsoring agency before mak­ cover an appropriate amount after fully Government. ing any fund or budget transfers between considering the recommendations on disal­ A p p e n d ix M the two types of work supported. lowed costs resulting from the final audit. 4. Suspension and termination procedures [reserved fo r— application f o r m s ] 8. For both construction and nonconstruc­ are contained in Appendix L to this part. tion awards, Federal sponsoring agencies A p p e n d ix N shall require recipients to notify the Federal Ap p e n d ix L Property management standards. 1. T his sponsoring'agency promptly whenever the appendix prescribes uniform standards gov­ amount of Federal authorized funds is ex­ Suspension and termination procedures. 1. This appendix prescribes uniform suspen­ erning management of property furnished by pected to exceed the needs of the recipient the Federal Government or acquired in whole by m ore th a n $5,000 or 5 percent of th e sion and termination procedures for Fed­ eral agreements with recipients. or in part with Federal funds by recipients. Federal award, whichever is greater. This no­ Federal sponsoring agencies shall require tification will not be required when appli­ 2. The following definitions shall apply for the purpose of this appendix: recipients to observe these standards under cations for additional funding are submitted agreements and shall not Impose additional for continuing grants or contracts. a. Termination. The termination of an requirements unless specifically required by 9. When requesting approval for budget agreement means the cancellation of Fed­ Federal law. The recipient may use his own revisions which require forms, recipients eral sponsorship, in whole or In part, under property management standards and pro­ shall use the budget forms which were used an agreement at any time prior to the date cedures provided he observes the provisions in the application. of completion. a of th is appendix. 10. W ithin 30 calendar days from th e d ate b. Suspension. The suspension of an agree­ 2. The following definitions apply for the of receipt of the request for budget revisions, ment is an action by a Federal sponsoring purpose of this appendix: Federal sponsoring agencies shall review the agency which temporarily suspends Federal a. Real property. Real property means land, request and notify the recipient whether the sponsorship under the agreement pending inducing land improvements, structures, and budget revisions have been approved. If the corrective action by the recipient or pending . and appurtenances thereto, but excluding revision is still under consideration at the a decision to terminate the agreement by the movable machinery and equipment. end of 30 calendar days, the Federal sponsor­ Federal sponsoring agency. b. Personal property. Personal property ing agency shall inform the recipient in writ­ 3. All Federal sponsoring agencies shall pro­ means property of any kind except real ing of the date when the recipient may ex­ vide procedures to be followed when'a recip­ property. It may be tangible—having physical pect the decision. * ient has failed to comply with the terms of existence, or intangible—having no physical

FEDERAL REGISTER, VOL. 40, NO. 28—MONDAY, FEBRUARY 10, 1975 6310 PROPOSED RULES existence, such as patents, inventions, and (2) The recipient may be directed to sell (bj Nonexpendable personal property with copyrights. the property under guidelines provided by a unit acquisition cost of $1,000 or more. The c. Nonexpendable personal property. Non­ the Federal sponsoring agency and pay the recipient may retain the property for other expendable personal property means tangible Federal Government an amount computed uses provided that compensation is made to personal property having a useful life of by applying the Federal percentage of par­ the original Federal sponsoring agency or its more than one year and an acquisition cost ticipation in the cost of the original project successor. The amount of compensation shall of $300 or more per unit except that recipi­ to the proceeds from sale (after deducting be computed by applying the percentage of ents subject to Cost Accounting Standards actual and reasonable selling and fix-up ex­ Federal participation in the cost of the orig­ Board regulations may use the CASB stand­ penses, if any, from the sales proceeds). inal project or program to the current fair ard of $500 per unit and useful life of two When the recipient is authorized or required market value of the property. If the recipient years. A recipient may use its own definition to sell the property, proper sales procedures has no need for the property and the property of nonexpendable personal property provided shall be established which would provide for has further use value, the recipient shall that the definition would at least include all competition to the extent practicable, and request disposition instructions from the tangible personal property as defined above. result in the highest possible return. original sponsoring agency. The Federal d. Expendable personal property. Expend­ (3) The recipient may be directed to trans­ sponsoring agency shall determine whether able personal property référés to all tangible fer title to the property to the Federal Gov­ the property can be used to meet the agency’s personal property other them nonexpendable ernment provided that in such cases the requirements. If no requirement exists property. recipient shall be entitled to compensation within that agency, the availability of the e. Excess property. Excess property means computed by applying the recipient’s per­ property shall be reported to the General property under the control of any Federal centage of participation in the cost of the Services Administration (GSA) by the Fed­ agency which, as determined by the head program or project to the current fair market eral agency to determine whether a require­ thereof, is no longer required for its needs. value of the property. ment for the property exists in other Federal f. Acquisition cost of purchased nonex­ 4. Nonexpendable personal property. agencies. The Federal sponsoring agency shall pendable personal property. Acquisition cost Standards and procedures governing nian- issue instructions to the recipient not later of an item of purchased nonexpendable per­ agement of nonexpendable personal property th a n 120 days after the recipient’s request, sonal property means the net invoice unit acquired with Federal assistance funds or and the following procedures shall govern: price of the property including the cost of furnished by the Federal Government, are (i) If the recipient is instructed to ship modifications, attachments, accessories, or set forth below. the property elsewhere, the recipient shall auxiliary apparatus necessary to make the be reimbursed by the benefiting Federal property usable for the purpose for which it a. Exempt property. When statutory au­ thority exists, (e.g., Pub. L. 85-934, (42 U.S.C. agency with an amount which is computed was acquired. Other charges such as the cost by applying the percentage of the recipient’s of installation, transportation, taxes, duty 1892) ), nonexpendable personal property ac­ quired with Federal funds, title shall be participation in the cost of the original grant or protective in-transit insurance, shall be project or program to the current fair mar­ included or excluded from the unit acquisi­ vested in the recipient upon acquisition un­ less it is determined that to do so is not ket value of the property, plus any reason­ tion cost in accordance with the recipient’s able shipping or interim storage costs regular accounting practices. in furtherance of the objectives of the Fed­ eral sponsoring agency. When title is vested incurred. g. Exempt property. Exempt property (ii) If the recipient is instructed to other­ means tangible personal property which is in the recipient, thè recipient shall have no other obligation or accountability to the wise dispose of the property, the recipient acquired in whole or in part with Federal shall be reimbursed by the Federal sponsor­ funds, and title to which is vested in the Federal Government for its use or disposition except as provided in 4d. below. ing agency for such costs incurred in its dis­ recipient without further obligation to the position. If the recipient is instructed to sell Federal Government except as provided in 4d. b. Nonexempt, nonexpendable personal the property, he shall reimburse the Federal below. Such unconditional vesting of title property acquired with contract funds. T itle sponsoring agency in accordance with sub- will be pursuant to any Federal legislation to nonexempt, nonexpendable personal prop­ paragraph 4b(ill) below. which provides the Federal sponsoring erty acquired with contract funds shall vest (iii) If disposition instructions are not agency with adequate authority. in the Federal Government upon acquisition. issued within 120 calendar days after the 3. Real property. Agencies shall follow The contractor shall (subject to the shared recipient’s request, the recipient shall sell existing regulations for acquisition and use use rule in 4f. below) use the property for the property and reimburse the Federal spon­ of real property acquired under contracts. the contract under which it was acquired as soring agency an amount which is computed Each Federal sponsoring agency shall pre­ long as needed. Upon completion or termina­ by applying to the sales proceeds the per­ scribe requirements for recipients concerning tion of the contract, the contractor and the centage of Federal pàrticipation in the cost the use and disposition for real property Federal sponsoring agency will act in accord­ of the original project or program. However, acquired partly or wholly under agreements ance w ith 4e. below. the recipient shall be permitted to deduct except contracts. Unless otherwise provided c. Nonexempt, nonexpendable personal and retain from the Federal share $100 or 10 by statute, such requirements, as a mini­ property acquired with other than contract percent of the proceeds, whichever is greater, mum, shall contain the following: funds. When nonexempt, nonexpendable for the recipient’s selling and handling a. Title to real property shall vest in the personal property is acquired by a recipient expenses. recipient subject to the condition that the wholly or in part with other than contract d. Transfer of title of recipient-owned, recipient shall use the real property for the funds, title shall not be taken by the Fed­ nonexpendable property with a unit acquisi­ authorized purpose of the assistance, as long tio n cost of $1,000 or more. With respect to as it is needed. eral Government except as provided in 4d., below, but shall vest in the recipient subject items of nonexpendable personal property b. The recipient shall obtain approval by to the following conditions governing use and owned by recipients and acquired with Fed­ the Federal sponsoring agency for the use disposition of th e property: eral funds having a unit acquisition cost of of real property in other projects when the (1) The recipient shall (subject to 4f. $1,000 or more, the Federal sponsoring agency recipient determines that the property is no may reserve the right to require the recipient longer needed for the purpose of the original below«) use the property in the project or program for which it was acquired as long to transfer the title to the Federal Govern­ assistance project. Use in other projects shall ment or directly to a third party named by be limited to those under other federally as needed, whether or not the project or pro­ gram continues to be supported by Federal the Federal Government when such third assisted projects (i.e., grants or other agree­ party is otherwise eligible under existing ments) or programs that have purposes con­ funds. When no longer needed for the origi­ statutes. Such reservation shall be subject sistent with those authorized for support nal project or program, the recipient shall to the following standards: by the Federal sponsoring agency. use the property in connection with its other (1) The property shall be appropriately c. When the real property is no longer federally assisted activities, in the following identified in the agreement or otherwise order of priority: needed as provided in a. and b. above, the made known to the recipient. (a) Activities sponsored by the same Fed­ (2) The Federal sponsoring agency shall recipient shall request disposition instruc­ eral agency. tions from the Federal sponsoring agency or issue disposition Instructions within 120 (b) Activities sponsored by other Federal calendar days after the end of the Federal its successor Federal sponsoring agency in agencies. support of the project for which it was interest. The Federal sponsoring agency shall (2) When the recipient no longer needs acquired. If the Federal sponsoring agency observe the following rules in the disposi­ the propèrty às provided in (1) above, th e fails to issue disposition instructions within tion instructions. property may be used for other activities in th e 120 calendar day period, the recipient (1) The recipient may be permitted to re­ accordance with the following standards: shall apply the standards of subparagraphs 4c. and 4a. as appropriate. tain title after it compensates the Federal (a) Nonexpendable property with a unit acquisition cost of less than $1,000. T he (3) When the Federal sponsoring agency Government in an amount computed by recipient may use the property for other ac­ exercises its right to take title, it shall notify applying the Federal percentage of participa­ tivities without reimbursement to the Fed­ the recipient; the personal property shall be tion in the cost of the original project to eral Government or sell the property and re­ subject to the provisions of subparagraph the fair market value of the property. tain the proceeds. 4e. below.

FEDERAL REGISTER, VOL. 40, NO. 28—MONDAY, FEBRUARY 10, 1975 PROPOSED RULES 6311

(4) When title is transferred either to the d . A control system shall be in effect to establishing procedures for the procurement Federal Government or to a third party, the ensure adequate safeguards to prevent loss, of supplies, equipment, construction, and provisions of 4c(b) (i) should he followed. damage, or theft of the property. Any loss, other services with Federal funds. These e. Federally owned nonexpendable per­ damage, or theft of nonexpendable property standards are furnished to ensure that such sonal property. Title to federally owned shall be investigated and fully documented; materials and services are obtained in an property remains vested in the Federal if the property was owned by the Federal effective manner and in compliance with the Government. The Federal sponsoring agency Government, the recipient shall promptly provisions of applicable Federal law and ex­ may require property acquired under a con­ notify the sponsoring Federal agency. ecutive orders. The recipient shall rely on the tract to be reported to it upon acquisition. e. Adequate maintenance procedures shall private sector to provide goods and services Recipients shall submit annually an inven­ be implemented to keep the property in good to the maximum feasible extent. No addi­ tory listing of federally owned property in condition. tional procurement standards or require­ their custody to the Federal sponsoring f. Where the recipient is authorized or ments shall be imposed by the Federal spon­ agency. Upon completion of the agreement required to sell the property, proper sales soring agencies upon recipients unless spe­ or when the property is no longer needed, the procedures shall be established which would cifically required by Federal statute Or ex­ recipient shall report the property to the provide for. competition to the extent prac­ ecutive orders. Federal sponsoring agency for further agency ticable and result in the highest possible 2. The standards contained in this appen­ utilization. retu rn . dix do not relieve the recipient of the con­ If the Federal sponsoring agency has no 6. Standards for nonexempt, expendable tractual responsibilities arising under its further need for the property, it shall be personal property are as follows : contracts. The recipient is the responsible declared excess and reported to the General a. Nonexempt, expendable personal prop­ authority, without recourse to the Federal Services Administration. Appropriate dis­ erty acquired with contract funds. T itle to sponsoring agency regarding the settlement position instructions will be issued to the nonexempt, expendable personal property ac­ and satisfaction of all contractual and ad­ recipient after completion of the Federal quired with contract funds shall vest in the ministrative issues arising out of procure­ agency review. Federal Government upon acquisition. Any ments entered into, in support of an agree­ f. Shared use. During the time that non­ residual inventory of such property, upon ment. This includes disputes, claims, protests expendable personal property is held for use completion or termination of the contract, of award, source evaluation, or other mat­ on the project or program for which it was shall be reported to the Federal sponsoring ters of a contractual nature. Matters con­ acquired, the recipient shall make it avail­ agency, and shall be disposed of in accord­ cerning violation of law are to be referred able for use on other projects or programs ance with instructions issued by the Federal to such local, State, or Federal authority as if such other use will not interfere with the sponsoring agençy. may have proper jurisdiction. work on the project or program for which b. Nonexempt, expendable personal prop­ 3. Recipients may use their own procure­ the property was originally acquired. First erty acquired with other than contract funds. ment policies and procedures. However, all preference for such other use shall be given Title to nonexempt, expendable personal recipients shall adhere to the standards set to other projects or programs sponsored by property acquired with other than contract forth in paragraphs 3 and 4. the Federal agency which financed the prop­ funds shall vest in the recipient upon ac­ a. The recipient shall maintain a code or erty; second preference shall be given to quisition; If there is a residual inventory of standards of conduct which shall govern the projects or programs sponsored by other such property exceeding $1,000 in total ag­ performance of its officers, employees, or Federal agencies. If the property is owned by gregate fair market value, upon termination agents in the awarding and administration of the Federal Government, use on other activi­ or completion of the grant, and the property contracts using Federal funds. The recipient’s ties not sponsored by the Federal Govern­ is not needed for any other federally spon­ officers, employees, or agents shall neither so­ ment shall be permissible if authorized by sored project or program, the recipient shall licit nor accept gratuities, favors, or anything the Federal agency. User charges should be retain the property for use on nonfederally of monetary value from contractors or po­ considered if appropriate. sponsored activities, or sell it, but must in tential contractors. Such standards shall pro­ 5. The recipient’s property managementeither case, compensate the Federal Govern­ vide for disciplinary actions to be applied for standards for nonexpendable personal prop­ ment for its share. The amount of compen­ violation of such standards by the recipients’ erty shall include the following procedural sation shall be computed in accordance with officers, employees, or agents. requirements : 4c(2) (b) or, if sold, in accordance with b. All procurement transactions shall be a. Property records shall be maintained 4c{2) (b) (iii), above. conducted in a manner to provide to the accurately and shall include : 7. Standards for control of intangible maximum extent practical, open and free ( 1 ) A description of th e property. property are set fo rth below: competition. The recipient should be alert to (2) Manufacturer’s serial number, model a. Inventions and patents. If any program organizational conflicts of interest or non­ number. Federal stock number, national produces patentable items, patent rights, competitive practices among contractors stock number, or other identification number, processes, or inventions, in the Course of which may restrict or eliminate competition (3) Source of the property, including con­ or otherwise restrain trade. Awards shall be tract or grant number. work sponsored by the Federal Government, such fact shall be promptly and fully re­ made to the bidder/offeror with the lowest (4) Whether title vests in the recipient or bid provided the bid/offer Is responsive to the the Federal Government. ported to the Federal sponsoring agency. Un­ less there is a prior agreement between the solicitation and is most advantageous to the (5) ' Acquisition date (or date received, if recipient, price and other factors considered. the property was furnished by the Federal recipient and the Federal sponsoring agency on disposition of such items, the Federal Solicitations shall clearly set forth all re­ Government) and cost. quirements which the bidder/offeror must (6) Percentage of Federal participation in sponsoring agency shall determine whether protection on the invention or discovery fulfill in order for his bid/offer to be eval­ the cost of the project or program for which uated by the recipient. Any and all bids/ the property was acquired (not applica­ shall be sought. The Federal sponsoring agency will also determine how the rights offers may be rejected when it is in the recip­ ble to property furnished by the Federal, ien ts’ in terest to do so. Government). in the invention or discovery—including rights under any patent issued thereon— c. All recipients shall establish procurement (7) Location, use and condition of the procedures which provide for, as a minimum, property and the date the information was shall be allocated and administered in order reported. to protect the public interest consistent with the following procedural requirements: ( ) Unit acquisition cost. “Government Patent Policy" (President’s (1) Proposed procurement actions shall 8 have a procedure to assure the avoidance of (9) Ultimate disposition data, including Memorandum for Heads of Executive Depart­ m ents and Agencies, A ugust 23, 1971, an d purchasing unnecessary or duplicative items. sales price or the method used to determine Where appropriate, an analysis shall be made current fair market value where a recipient statement of Government Patent Policy as compensates the Federal sponsoring agency printed in 36 FR 16889). of lease and purchase alternatives to deter­ mine which would be the most economical, for its share in accordance with 4c. above, b. Copyrights. Except as otherw ise provided practical procurement. and the date of disposal. in the terms and conditions of the agreement, b. Property owned by the Federal Govern­ the author or the recipient organization is (2) Solicitations for supplies and services ment must be marked to indicate Federal free to copyright any books, publications or shall be based upon a clear and accurate ownership. Any differences between quanti­ other copyrightable materials developed in description of the technical requirements ties determined by the physical inspection the course of or under a Federal agreement, for the material, product, or service to be and those shown in the accounting records but the Federal sponsoring agency shall re­ procured. Such a description shall not, in shall be investigated to determine the causes serve a royalty-free, nonexclusive and irrev­ competitive procurements, contain features of th e difference. ocable license to reproduce, publish, or which unduly restrict competition. “Brand c. A physical inventory of property shall otherwise use, and to authorize others to name or equal” description may be used as a means to refine the performance or other be taken and the results reconciled with the use, the work for Government purposes. property records at least once every two years. salient requirements of a procurement, and The recipient shall, in connection with the A p p e n d ix O when so used the specific features of the inventory, verify the existence, current utili­ Procurement standards. 1. This appendix named brand which must be met by bidders/ zation, and continued need for the property. provides standards for use by recipients in offerors shall be clearly specified.

FEDHIAl REGISTER, VOL 40, NO. 28—MONDAY, FEBRUARY 10, 1975 6312 PROPOSED RULES

(3) Positive efforts shall be made by the the contract may be terminated for default 327-330) as supplemented by Department of recipients to utilize small business and mi­ as well as conditions where the contract may Labor regulations (29 CFR Part 5). Under nority-owned business sources of supplies be terminated because of circumstances be­ section 103 of the Act, each contractor shall and services. Such efforts should allow these yond the control of the contractor. be required to compute the wages of every sources the maximum feasible opportunity to c. In all contracts for construction or facil­ mechanic and laborer on the basis of a compete for contracts utilizing Federal ity Improvement awarded for more than standard work day of 8 hours and a standard funds. $100,000, recipients shall observe the bond­ work week of 40 hours. Work in excess of (4) The type of procuring instruments ing requirements provided in Appendix B to the standard work day or work week is per­ used, e.g„ fixed price contracts, cost reim­ th is p art. missible provided that the worker is com­ bursable contracts, purchase orders, incen­ d. All construction contracts awarded by pensated at a rate of not less than 1 y2 tim es tive contracts, shall be determined by the recipients and their contractors or subgrant­ the basic rate of pay for all hours worked in recipient to be appropriate for the particular ees having a value of more than $10,000, shall excess of 8 hours in any calendar day of 40 procurement and for promoting the best in­ contain a provision requiring compliance hours in the work week. Section 107 of the terest of the program involved. The “cost- w ith Executive Order 11246, entitled, “Equal Act is applicable to construction work and plus-a-percentage-of-cost” method of con­ Employment Opportunity,” as amended by provides that no laborer or mechanic shall tractin g shall n o t be used. Executive O rder 11375, and as supplem ented be required to work in surroundings or under (5) Contracts shall be made only with in Department of Labor regulations (41 CFR working conditions which are unsanitary, responsible contractors who possess the po­ P a rt 60). hazardous, or dangerous to his health and tential ability to perform successfully under e. All contracts and subgrants in excess safety as determined under construction the terms and conditions of a proposed pro­ of $2,000 for construction or repair awarded safety, and health standards promulgated by curement. Consideration shall be given to by recipients and subrecipients shall include the Secretary of Labor. These requirements such matters as contractor integrity, record a provision for compliance with the Cope­ do not apply to the purchases of supplies or of past performance, financial and technical land “Anti-Kick Back” Act (18 U.S.C. 874) materials or articles ordinarily available on resources, or accessibility to other necessary as supplemented in Department of Labor the open market, or contracts for transpor­ resources. regulations (29 CFR Part 3)- This Act pro­ tation or transmission of intelligence. vides that each contractor or subgrantee (6) All proposed sole source contracts in h. Contracts or agreements, the principal shall be prohibited from inducing, by any purpose of which is to create, develop, or which the aggregate expenditure is expected means, any person employed in the construc­ to exceed $5,000 shall be subject to .prior improve products, processes or methods; or tion, completion, or repair of public work, for exploration into fields which directly approval at the discretion of the Federal to give up any part of the compensation to sponsoring agency. concern public health, safety, or welfare; or which he is otherwise entitled. The recipient contracts in the field of science or technology (7) Procurement records and files for pur­ shall report all suspected or reported viola­ chases in excess of $10,000 shall include the in which there has been little significant tions to the Federal sponsoring agency. experience outside of work funded by Fed­ follow ing: f. When required by the Federal program (a) Basis for contractor selection. eral assistance, shall contain a notice to the legislation, all construction contracts effect that matters regarding rights to in­ (b) Justification for lack of competition awarded by recipients and subrecipients of when competitive bids or offers are not ob­ ventions, and materials generated under the more than $2,000 shall include a provision contract or agreement are subject to the tained. for compliance with the Davis-Bacon Act (c) Basis for award cost or price. regulations issued by the Federal sponsoring (40 U.S.C. 276a to 276a-7) and as supple­ agency and the recipient. The contractor (8) A system for contract administration mented by Department of Labor regulations shall be maintained to ensure contractor shall be advised as to the source of additional (29 CFR Part 5). Under this Act contractors information regarding these matters. conformance with terms, conditions, and shall be required to pay wages to laborers specifications of the contract, and to ensure and mechanics at a rate not less than the i. All negotiated contracts (except those of adequate and timely followup of all pur­ minimum wages specified in a wage deter­ $2,500 or less) awarded by recipients shall chases. mination made by the Secretary of Labor. include a provision to the effect that the 4. The recipient shall include, in additionIn addition, contractors shall be required to recipient, the Federal sponsoring agency, the Comptroller General of the United States, to provisions to define a sound and com­ pay wages not less often than onec a week. plete agreement, the following provisions in or any of their duly authorized representa­ The recipient shall place a copy of the current tives, shall have access to any books, docu­ all contracts. These provisions shall also be prevailing wage determination Issued by the applied to subcontracts. ments, papers, and records of the contractor Department of Labor in each solicitation and which are directly pertinent to a specific a. Contracts in excess of $10,000 shall con­ the award of a contract shall be conditioned upon the acceptance of the wage determina­ program for the purpose of making audit, tain contractual provisions or conditions examination, excerpts, and transcriptions. that will allow for administrative, contrac­ tion. The recipient shall report all suspected tual, or legal remedies in instances in which or reported violations to the Federal sponsor­ J. Contracts and subgrants of amounts in contractors violate or breach contract terms, ing agency. excess of $100,000 shall contain a provision and provide for such remedial actions as which requires the recipient to agree to com­ g. Where applicable, all contracts ply with all applicable standards, orders, or may be appropriate. awarded by recipients in excess of $2,000 for construction contracts and in excess of regulations issued pursuant to the Clean b. All contracts in excess of $10,000 shall Air Act of 1970. V iolations shall be reported contain suitable provisions for termination $2,500 for other contracts which involve the employment of mechanics or laborers, shall to the Federal sponsoring agency and the by the recipient including the manner by Regional Office of th e Environm ental Pro­ which termination will be effected and the include a provision for compliance with sec­ tection Agency. basis for settlement. In addition, such con­ tio n s 103 and 107 of th e C ontract W ork tracts shall describe conditions under which Hours and Safety Standards Act (40 U.S.C. [FR Doc.75-3671 Filed 2-7-75;8:45 am]

FEDERAL REGISTER, VOL. 40, NO. 28— M O NDAY, FEBRUARY 10, 1975

30-year Reference Volumes Consolidated Indexes and Tables

Presidential Proclamations and Executive Orders

Consolidated subject indexes and tabular finding aids to Presidential proclamations, Executive orders, and certain other Presidential documents promulgated during a 30-year period (1936-1965) are now available in two separately bound volumes, published under Title 3 of the Code of Federal Regulations, priced as follows:

Title 3, 1936-1965 Consolidated Indexes______$3.50 Title 3, 1936-1965 Consolidated Tables______;__ $5. 25

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